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

Vol. 156 WASHINGTON, WEDNESDAY, JUNE 23, 2010 No. 95 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- For 93 years, Boys Town has helped called to order by the Speaker pro tem- nal stands approved. at-risk youth and families through a pore (Mr. PASTOR of Arizona). f variety of services, and the organiza- f tion has now expanded to 12 locations PLEDGE OF ALLEGIANCE nationally. Last year, the organization DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the served nearly 370,000 children and PRO TEMPORE gentleman from Vermont (Mr. WELCH) adults across the U.S., Canada and the The SPEAKER pro tempore laid be- come forward and lead the House in the U.S. territories, as well as in several fore the House the following commu- Pledge of Allegiance. foreign countries. nication from the Speaker: Mr. WELCH led the Pledge of Alle- Boys Town has grown significantly WASHINGTON, DC, giance as follows: since Father Flanagan’s era. In 1977, June 23, 2010. I pledge allegiance to the Flag of the the Boys Town National Research Hos- I hereby appoint the Honorable ED PASTOR United States of America, and to the Repub- pital opened its doors and has become a to act as Speaker pro tempore on this day. lic for which it stands, one nation under God, national treatment center for children NANCY PELOSI, indivisible, with liberty and justice for all. Speaker of the House of Representatives. with hearing and speech problems and f other communication disorders. Boys f Town also opened its national hotline PRAYER WELCOMING REVEREND STEVEN BOES in 1989. Currently, Boys Town is imple- Reverend Steven Boes, National Ex- menting its Integrated Continuum of ecutive Director, Boys Town, Ne- The SPEAKER pro tempore. Without Care, which allows each child or family braska, offered the following prayer: objection, the gentleman from Ne- to make progress within the same Creator God, we ask Your blessings braska, Congressman TERRY, is recog- treatment model while still getting in- upon these men and women of the nized for 1 minute. dividualized care. United States House of Representa- There was no objection. Today, I honor Father Steven Boes. tives. Give them the wisdom of Father Mr. TERRY. Mr. Speaker, I rise He is dedicated to the children and Edward Flanagan, the founder of Boys today to recognize our guest chaplain, families throughout our Nation, rep- Town, who once said, ‘‘Any enterprise a constituent of the Second District of resenting the true spirit and tradition that does not have God at the heart of Nebraska, Father Steven Boes. On July of Boys Town. 1, Father Boes will celebrate 5 years as it is bound to fail.’’ f Help them to clearly see the needs of the national executive director of Boys ANNOUNCEMENT BY THE SPEAKER America’s children, families, and com- Town, one of the largest nonprofit, PRO TEMPORE munities. Father Flanagan taught nonsectarian child care organizations America, ‘‘There are no bad boys; only in the United States. He is the fourth The SPEAKER pro tempore. The bad environment, bad training, bad ex- priest to succeed Father Edward Flana- Chair will entertain up to 15 further re- ample.’’ Help them to understand that gan who founded Boys Town in 1917. quests for 1-minute speeches on each there are no bad families either. Every A native of Carroll, Iowa, Father side of the aisle. family has at least one member who Boes holds a bachelor’s degree in soci- f ology and master’s degree in theology loves their children and wants them to WHERE’S THE MONEY? succeed. and divinity from the University of St. Please inspire these Members to Thomas in St. Paul, Minnesota. He also (Mrs. MALONEY asked and was given work together to strengthen our fami- holds a master’s degree in counseling permission to address the House for 1 lies and communities so that our chil- from in Omaha. minute.) dren can become stronger in body, A priest of the Omaha archdiocese, Mrs. MALONEY. Mr. Speaker, this mind, and spirit. Father Boes previously served as the past Monday the Wall Street Journal f director of St. Augustine Indian Mis- ran an excellent article on the chal- sion in Winnebago, Nebraska, before lenges facing small businesses. It began THE JOURNAL coming to Boys Town. He has over 20 with a question that small businesses The SPEAKER pro tempore. The years of experience in nonprofit admin- all across America are asking: Where is Chair has examined the Journal of the istration and youth advocacy and will the money? last day’s proceedings and announces be a great leader in carrying out Boys The Journal article cites a survey by to the House his approval thereof. Town’s mission in the 21st century. the National Federation of Independent

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 03:55 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.000 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4680 CONGRESSIONAL RECORD — HOUSE June 23, 2010 Business that found that half of the legislation. They know that if the con- Mr. INSLEE. Mr. Speaker, we now small businesses that tried to get the ferees keep the Durbin swipe fee are at a critical juncture to determine loans last year were either denied the amendment in the bill, small business whether or not we will respond to a loans or they were not given the money and consumers will gain, and the mo- terrible problem in the oceans, and that they needed. nopoly pricing of the credit card indus- that is not just the oil spill in the gulf; We found that small businesses in the try will lose. it is the acidification of the oceans now Joint Economic Committee report Just yesterday, several Vermont caused by carbon dioxide that comes have been badly hurt by the tighter small business owners told me how from the oil and gas industry and some lending standards that resulted from much the credit card and debit swipe other fossil fuel industries. the financial crisis. That is why pass- fees are hurting their business. Katy I would suggest Members may want ing the Small Business Lending Fund Lesser, who owns Healthy Living Mar- to take a look at a new report. It was Act last week was such an important ket in Burlington, told me her business in Science magazine, published 2 days step forward and sending it to the Sen- paid $250,000 in fees last year. This year ago by the American Association for ate. it will be $350,000. And Sheryl Trainor, the Advancement of Science. This is Where is the money is an important who runs a Mobil station in Queechee, their conclusion: ‘‘The world’s oceans question to ask, and the answer is, it is told me she could plow the money she are virtually choking on rising green- on the way. We hope that the Senate spends on swipe fees into better wages house gases, destroying marine eco- will act quickly and pass this impor- and more jobs. systems and breaking down the food tant legislation. I call on my colleagues in the con- chain, irreversible changes that have f ference committee to put small busi- not occurred for several million years.’’ nesses before the credit card industry We have a chance to restrict and re- IN RECOGNITION OF JOHN BRUTON and maintain the Durbin amendment strain this pollutant, carbon dioxide, in (Mr. WILSON of South Carolina in the final package. a bill now pending in the U.S. Senate. asked and was given permission to ad- f We hope that in conversations with the dress the House for 1 minute and to re- President next week we come out with vise and extend his remarks.) SUPPORT THE DURBIN a firm, clear cap on carbon dioxide so Mr. WILSON of South Carolina. Mr. AMENDMENT we can stop what will otherwise be ir- Speaker, it is an honor for me to thank (Mr. SHUSTER asked and was given reversible changes in our oceans. John Bruton for serving the 2nd Con- permission to address the House for 1 f gressional District with distinction. minute.) For the past 2 years, John has ensured PROMOTING SAFE AMERICAN Mr. SHUSTER. Mr. Speaker, I want ENERGY PRODUCTION South Carolina residents receive time- to associate myself with the gentleman ly and accurate updates about the hap- from Vermont’s remarks and urge my (Mr. BOUSTANY asked and was penings in Congress. John has also colleagues not to be swayed by the lob- given permission to address the House been a key adviser on issues of science byists from the credit card companies for 1 minute and to revise and extend and technology, postal issues, and wel- that are trying to eliminate the Durbin his remarks.) fare. John’s dedication and creativity amendment from this important legis- Mr. BOUSTANY. Mr. Speaker, I rise will certainly be hard to replace as he lation. to applaud the Federal District Court heads off to law school at the Univer- Let me make this point clear. The ruling yesterday overturning the ad- sity of South Carolina. compromise reached in the conference ministration’s job-killing moratorium John Bruton is the son of Jean and committee does not eliminate the on American energy production in the John Bruton of Columbia, South Caro- interchange fee or allow the Federal deep water of the Gulf of Mexico. This lina, two parents who have been instru- Government to set the interchange fee. moratorium on drilling will ship thou- mental in their son’s success. He is the The amendment simply creates a level sands of good-paying jobs overseas. It grandson of the late judge J. Bratton playing field for banks and small busi- will also make us more dependent on Davis, a legend of integrity and com- nesses to negotiate interchange fees foreign oil. And finally, it’s contrary to petence for the legal profession. like any other business contract. and in fact distorts the recommenda- I am confident that John’s education The Sheetz Corporation, which has tions by a panel of independent sci- at my alma mater, Washington and Lee 363 stores in 6 States, is headquartered entists and engineers that the adminis- University, his experiences as a Sigma in my district, and last year, the tration put together. It distorts their Alpha Epsilon, and his dedication as a Sheetz Corporation paid twice as much whole view that this industry-wide congressional staffer have made John in interchange fees as they took in in moratorium will in fact hurt safety by prepared for success in the field of law. net income after tax. Their second pushing the most experienced workers He is a credit to the people of South largest expense after payroll is the overseas and actually shipping all of Carolina. I wish him Godspeed. interchange fee. That means that for our most advanced drilling rig tech- In conclusion, God bless our troops, Sheetz, the interchange fee eclipsed nology overseas. It will hurt safety. and we will never forget September the company’s cost in rent for their 363 I urge the administration to back 11th in the Global War on Terrorism. stores, and they are paying 11⁄2 times down from this ill-conceived, job-kill- Congratulations to primary victors the cost of providing health care to ing, arbitrary moratorium on Amer- , Ken Ard, Alan Wilson and their nearly 13,000 employees. ican energy production. Mick Zais. The compromise reached by the con- f f ference committee benefits merchants, HONORING THE SISTERS OF ST. KEEP THE DURBIN AMENDMENT retains flexibility of small community JOSEPH banks and credit unions, and ulti- IN THE WALL STREET REFORM (Mrs. DAHLKEMPER asked and was BILL mately benefits the American con- sumer. given permission to address the House (Mr. WELCH asked and was given I urge the conference committee and for 1 minute and to revise and extend permission to address the House for 1 my colleagues to support the Durbin her remarks.) minute and to revise and extend his re- Mrs. DAHLKEMPER. Mr. Speaker, I amendment. marks.) rise today to honor the Sisters of St. Mr. WELCH. Mr. Speaker, the gen- f Joseph of Northwestern Pennsylvania. tleman from Pennsylvania (Mr. SHU- b 1010 This year marks the 150th anniver- STER) and I are speaking to you today sary of service to the Diocese of Erie about credit card relief for small busi- CAPPING CARBON DIOXIDE by the Sisters of St. Joseph. Since 1860, nesses and merchants, and as we are, (Mr. INSLEE asked and was given the Sisters of St. Joseph have cared for credit card lobbyists are roaming the permission to address the House for 1 the people of Erie. They have provided halls trying to water down a very key minute and to revise and extend his re- quality education for our children, in- provision in the Wall Street reform marks.) cluding establishing schools like my

VerDate Mar 15 2010 01:26 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.002 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4681 alma mater, Villa Maria Academy. To People like Marna are what make both in the House and Senate to come care for the sick and elderly, the sis- south Florida the best place to live in together to enact policies that create ters founded St. Vincent Hospital in the country. Her lifelong dedication to and encourage job creation. Erie and the St. Vincent School of teachers and her tireless dedication f Nursing. and commitment have had a real and 1020 The dedication of the Sisters of St. lasting impact in our community. Of b Joseph has no bounds. They serve as her decision to retire this year, Marna WHY DOES THE ADMINISTRATION nurses, teachers, social workers, min- said she wants to ‘‘leave while I’m still WANT TO PURPOSELY AND PUNI- isters, and community leaders. As a in love.’’ That sentiment truly cap- TIVELY DESTROY JOBS? former student of the sisters, I am tures Marna’s spirit. And while the (Mr. POE of Texas asked and was eternally grateful for their love and Boca Raton-based UFT office will sure- given permission to address the House guidance. ly be sad to see her go, we all respect for 1 minute.) Mr. Speaker, it is my privilege to her wise decision and wish her the very Mr. POE of Texas. Mr. Speaker, a honor the Sisters of St. Joseph of best in the next phase of her life. Federal judge stated yesterday the ad- Northwestern Pennsylvania today, and Thank you, Marna. ministration’s ban on deepwater drill- I thank them for 150 years of service to f ing was improper and illegal. The gov- our community. AMERICA SPEAKING OUT ernment imposed a 6-month morato- f rium after the BP disaster. Non-BP oil- (Mr. FLEMING asked and was given related industries sued, saying the ban VAT TAX IS ONE TAX AMERICA permission to address the House for 1 CAN’T AFFORD would put them out of business and minute.) cost thousands of jobs. (Mr. PITTS asked and was given per- Mr. FLEMING. Mr. Speaker, from The government tried to justify the mission to address the House for 1 the bailouts to the failed stimulus bills ban, but the judge said, ‘‘The govern- minute and to revise and extend his re- to the government takeover of health ment’s explanation abuses reason and marks.) care to the failure to prevent and re- common sense.’’ The government Mr. PITTS. Mr. Speaker, we’ve heard spond timely to the BP spill disaster, claimed its engineers supported the a lot lately about the need for a Euro- are sick and tired of being ban, but that’s just not true. pean-style value-added tax in the U.S. ignored by their government. Repub- The judge granted the injunction, to solve our budget problem. And just licans have heard this outcry and be- stating the ban was ‘‘arbitrary’’, ‘‘ca- yesterday, the ruling coalition in Brit- lieve it is time to let Americans lead pricious’’ and ‘‘punitive’’. In other ain announced that it wants to raise the way, so we’ve launched a new ini- words, the administration had no sci- their nation’s value-added tax from 17.5 tiative aimed at giving every American entific basis for this absurd morato- percent to 20 percent. It’s estimated a voice in Washington. rium. The judge stated the oil-related that this increase would cost 163,000 America Speaking Out was created as industries ‘‘would suffer irreparable jobs and reduce consumer spending by a platform for Americans to share their harm’’ by the moratorium. Of course, $5.3 billion in the United Kingdom. priorities and ideas for a national pol- the administration doesn’t care. Deter- It’s not a surprise that the VAT tax icy agenda. In addition to open forum mined to stop deepwater drilling, the is creeping up in Britain. The average town halls held across the country, administration is going to appeal and rate in Europe is now around 20 per- we’ve launched Americaspeakingout issue another moratorium. cent, and Greece raised their VAT rate .com, an online tool where Americans Mr. Speaker, why does the adminis- to 21 percent as part of their bailout can go and express their opinion about tration hate the energy industry in the agreement. This is yet more evidence what issues they believe government gulf? Why does the administration that the VAT taxes are easy for coun- should be addressing regardless of want to purposely destroy American tries to raise during times of fiscal cri- party affiliation. jobs? President Reagan was right: ‘‘The sis. Through initiatives like America government is the problem.’’ With so much discussion about an Speaking Out, Americans can make And that’s just the way it is. American VAT, we have to be aware of their voices heard in Washington. Now f what the true cost of such a tax would is your time to speak out, America. DISCLOSE ACT be to our own job growth and consumer f spending. Early proposals might call (Ms. EDWARDS of Maryland asked JOB CREATION for a 5 percent VAT tax, but in truth, and was given permission to address the seemingly easy revenue would (Ms. EDDIE BERNICE JOHNSON of the House for 1 minute.) make it all too easy for the U.S. Gov- Texas asked and was given permission Ms. EDWARDS of Maryland. Mr. ernment to quickly raise taxes to Eu- to address the House for 1 minute.) Speaker, I rise with regret today to ex- ropean levels. This seemingly easy tax Ms. EDDIE BERNICE JOHNSON of press my concern about proposed revenue would have a great cost— Texas. Mr. Speaker, I rise today to dis- changes to the DISCLOSE Act that I American jobs. The VAT tax is one tax cuss a very important matter, job cre- cosponsored. One particular change is we can’t afford in America. ation. deeply troubling—both on the politics f 2010 has shown that America is slow- and the policy. Having worked on cam- ly getting back to its feet in terms of paign finance and ethics reform for HONORING MARNA DAVIDSON recovery. The newest job numbers indi- many years, I didn’t come to this con- (Mr. KLEIN of Florida asked and was cate that over 419,000 jobs were created clusion lightly or uninformed. I was given permission to address the House last month. According to a recent As- among the first to say that the Su- for 1 minute and to revise and extend sociated Press release, Texas has the preme Court decision in Citizens his remarks.) greatest amount of job creation in 2010. United was both wrong and shouldn’t Mr. KLEIN of Florida. Mr. Speaker, Texas employers expanded payrolls have given corporations a blank check today I rise to honor Marna Davidson, by 43,600 during the month of May, in our elections. a great educator and leader in our com- making it the State’s largest monthly As an early cosponsor of DISCLOSE, munity. Marna has worked in the south gain in more than 3 years. Companies I am dismayed that, in order to gain Florida office of the United Federation like American Airlines, AT&T, and passage, we have fallen prey to bul- of Teachers for many years and has Texas Instruments are creating jobs in lying and threats from one of the most helped to run an extraordinary pro- my district because north Texas is a powerful special interest lobbying or- gram for retired teachers in our com- good place to do business. ganizations in the country. Carving out munity. After a total career of 45 As a country, we are getting stronger an exception on behalf of one big group years, Marna has decided to retire this and stronger, but we still have a long like this is just not the way to do re- year, and I would personally like to ways to go. We must continue to invest form. Shame on us. thank her for her service and wish her in American businesses and in the I proposed an amendment that would a wonderful retirement. American people. I urge my colleagues treat all of these organizations the

VerDate Mar 15 2010 03:55 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.004 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4682 CONGRESSIONAL RECORD — HOUSE June 23, 2010 same and guard against unfair, undis- In a recent poll, almost 70 percent of deep recession that has forced millions closed contributions. Corporations the people said they thought an empha- of Americans to face the daily fear of would be required to disclose if they sis on alternative renewable fuels, just losing their homes and of failing to had receive more than 15 percent from like we have done in our ACES Act, provide food for their kids, all Mr. any corporation or from donors who will create jobs for the American econ- Limbaugh can contribute is another had contributed more than $100,000 re- omy—in one estimate, up to 2 million awful example of shameless and callous gardless of the number of members or jobs. In my own district, General Elec- commentary. whether they are on the right or the tric is bringing back 800 jobs to build Ask yourselves: When is the last time left. We shouldn’t draw these arbitrary energy-efficient appliances—400 of that Rush Limbaugh missed a meal? lines. We should be looking at the cor- them coming back from China. Take a look. You judge for yourselves. rupting influence. Energy reform is a job creator. The f The question is ‘‘Who owns our elec- American people know it. I hope the FELLOW AMERICANS, LET US RE- tions?’’ Yet, before we answer that, we Republican Party will join us in bring- MEMBER OUR OWN BASIC DE- need to know who owns us—the NRA or ing the energy situation in this coun- CENCY AS A PEOPLE the American people. You decide. try into the 21st century and will join (Ms. WATSON asked and was given f us in creating new jobs for a new Amer- ican economy. permission to address the House for 1 BUDGET minute.) f (Mr. WITTMAN asked and was given Ms. WATSON. Mr. Speaker, I want to permission to address the House for 1 BP OIL SPILL put something on our minds. minute and to revise and extend his re- (Mr. TONKO asked and was given When President Obama, head of the marks.) permission to address the House for 1 executive branch of our Federal Gov- Mr. WITTMAN. Mr. Speaker, yester- minute and to revise and extend his re- ernment and as an invited guest speak- day, we heard Washington won’t have a marks.) er of the House of Representatives, has budget blueprint this year. For the Mr. TONKO. Mr. Speaker, the dif- his remarks interrupted in defiance of first time in modern history, Congress ference could not be any clearer. As tar the rules of the House by a Member of will not perform one of its primary re- balls continue to roll onto the beaches this House, shouting ‘‘you lie’’—and no sponsibilities. of the gulf coast States, my colleagues amount of apology can remove the scar I believe it is simply not acceptable on the other side of the aisle are apolo- on this House’s dignity—when the com- to pass the buck at a time when fami- gizing to BP for the government’s hold- mander of the United States forces in lies are feeling uncertain about what ing them accountable. While they con- Afghanistan—General McChrystal—and comes next in this economy. All across tinue to chant ‘‘drill, baby, drill’’ and his subordinates feel free to make this Nation, families are making tough to put forward ideas that benefit Big mocking criticisms of their Com- choices. Is this decision to forgo a Oil, Democrats are moving America in mander in Chief, , to the budget simply to pass on making tough a new direction. national media and when these acts of choices? Without a budget, Congress is I rise today to stand with the fami- disrespect and insubordination are avoiding the tough choices American lies, the small businesses, the commu- openly directed at President Obama, families and small businesses must nities, and the economy of the gulf our Nation has entered into an era of make every day. coast and our country to say that we negativity and cynicism unprecedented This failure to govern and to lead is can no longer be held hostage by our in this Republic’s history. especially alarming as spending defi- gluttonous dependence on dirty oil, Only one question comes imme- cits and debt continue to spiral out of most of which is imported from our en- diately and painfully to mind with control. The Treasury Department re- emies around the world. Instead, we these outrageous words and accusa- ported recently that the Federal Gov- must change our priorities and stand tions, which would once have been uni- ernment is now $13 trillion in the red, up to special interests by continuing to versally deplored and which would have marking the first time the government promote a clean energy economy and been far beyond and beneath the pale of has sunk that far into debt. to create good-paying American jobs what Americans and America are all The United States simply cannot for American families. In fact, 87 per- about. continue on an unchecked spending cent of Americans support requiring f spree that will put the future of our utilities to produce more energy from ANNOUNCEMENT BY THE SPEAKER economic strength in jeopardy in the renewable sources, sources that cannot PRO TEMPORE short term and for the next generation. be outsourced or imported. The SPEAKER pro tempore. Pursu- We have to control spending in Wash- A clean energy economy will make ant to clause 8 of rule XX, the Chair ington. It must start now. American our country safer, more energy inde- will postpone further proceedings individuals and families are looking for pendent and will create jobs. In the today on motions to suspend the rules leadership. meantime, let’s be strong and steadfast on which a recorded vote or the yeas I ask leaders of this House today to and hold BP accountable. and nays are ordered, or on which the reconsider this decision and to perform f vote incurs objection under clause 6 of the duties we are elected to do. DUMPSTER DIVE rule XX. f Record votes on postponed questions (Mr. MCDERMOTT asked and was will be taken later. ENERGY REFORM given permission to address the House (Mr. YARMUTH asked and was given for 1 minute and to revise and extend f permission to address the House for 1 his remarks.) REQUIRING CERTIFICATION FOR minute.) Mr. MCDERMOTT. Mr. Speaker, I SMALL BUSINESS LENDING FUND Mr. YARMUTH. Mr. Speaker, I un- rise today out of disgust over recent Ms. KOSMAS. Mr. Speaker, I move to derstand the Republican party’s love comments by Rush Limbaugh about suspend the rules and pass the bill affair with fossil fuels. After all, the child hunger. (H.R. 5551) to require the Secretary of fossil industry has dominated the di- A few days ago, I was sent Mr. the Treasury to make a certification rection of energy policy in this country Limbaugh’s response to the news that when making purchases under the for the last generation, but the Amer- more than 16 million children will face Small Business Lending Fund Pro- ican people know that our future is not ‘‘a summer of hunger’’ because they gram, as amended. with fossil fuels, that it is not with oil won’t have access to free or discounted The Clerk read the title of the bill. and that it is not with coal. It is with meals they usually get at school. The text of the bill is as follows: alternative and renewable energy. Mr. Limbaugh ultimately rec- H.R. 5551 They know also that this is the way we ommended these children dumpster Be it enacted by the Senate and House of Rep- will help create new jobs in the econ- dive—dumpster dive to find food until resentatives of the United States of America in omy. school starts back up. In the midst of a Congress assembled,

VerDate Mar 15 2010 01:26 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.007 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4683 SECTION 1. CERTIFICATION UNDER THE SMALL together with H.R. 5297, will provide first TARP, legitimate questions have BUSINESS LENDING FUND PRO- much-needed assistance to small busi- come up whether political and consid- GRAM. Before the Secretary of the Treasury nesses across the Nation. I urge my erations involving certain banks re- makes the first purchase (including a com- colleagues to support this effort. ceiving funds were in fact taken into mitment to purchase) under the Small Busi- Mr. Speaker, I reserve the balance of consideration. ness Lending Fund Program under the Small my time. As we recreate this second TARP for Business Jobs and Credit Act of 2010, the Mr. NEUGEBAUER. Mr. Speaker, I smaller banks, we need to make sure Secretary shall certify, under oath, to the yield myself such time as I may con- that our past problems are not re- Inspector General of the Department of the sume. peated. This bill falls short of a motion Treasury, with a copy to the Comptroller Last week I did offer a motion to re- to recommit that we offered last week. General of the United States, that the pur- commit that would have required chase-decision process has been designed so Last week, Chairman FRANK said, We’ll that each purchase decision is made solely Treasury to certify that every trans- come forward with further reinforce- on the basis of economic fundamentals and action made from the $30 billion TARP ment of the oath-taking—we’ll even not because of any political considerations. Jr lending fun be made on the basis of make it oath-taking. Having Treasury The SPEAKER pro tempore. Pursu- economics and not politics. As we certify under oath that the decision ant to the rule, the gentlewoman from pointed out during our debate last process for this new TARP fund for Florida (Ms. KOSMAS) and the gen- week, there are several examples of small banks is based on economics and tleman from Texas (Mr. NEUGEBAUER) lending to banks out of the first TARP not political is not further reinforce- each will control 20 minutes. fund that raise questions of whether ment. It is not even the same as requir- The Chair recognizes the gentle- political considerations were involved ing Treasury to certify that each spe- woman from Florida. in deciding which banks received this cific investment decision is based on GENERAL LEAVE money. economics or not politics, and I think Ms. KOSMAS. Mr. Speaker, I ask When we voted on the issue last the taxpayers are smart enough to see unanimous consent that all Members week, 237 Members of the other side of the difference. may have 5 legislative days within the aisle voted against having Treas- Mr. Speaker, let me just make an ex- which to revise and extend their re- ury certify that each transaction using ample here. What this process that our marks on this legislation and to insert the taxpayers’ $30 billion is based on colleagues on the other side have extraneous material thereon. economics and not politics. Those same brought is the same promise that every The SPEAKER pro tempore. Is there Members all voted against putting an 16-year-old young woman or young objection to the request of the gentle- experienced and effective regulator man makes to their parents when they woman from Florida? over the new program, simply because get their driver’s license and borrow There was no objection. the regulator has TARP in his title. the car: promise me you won’t ever get Ms. KOSMAS. I yield myself 3 min- When the Treasury Department lends any tickets. And they promise. And so utes. $30 billion more of taxpayers’ money basically what we’re going to have is Mr. Speaker, last Friday, the House out to banks, the taxpayers deserve the Treasury is going to take an oath approved H.R. 5297, the Small Business better protection than they are get- that we promise we won’t let politics Lending Fund Act, which creates im- ting. be involved in this process. But we’ll portant programs designed to increase The majority last week exposed the have no certification on whether poli- access to capital for small businesses taxpayers to greater likelihood of tics, as these transactions play out, and which allows them to create new waste, fraud, and abuse and added to whether politics or influence was used jobs. the cost of setting up a new regulator to influence how these investments when we already had one. Today, the were made. And so we’re going to take b 1030 majority is back on the floor trying to an oath up front, but no certification I would like to thank Chairman make amends for their vote against the during the process. I don’t think that’s FRANK, Congressman GARY PETERS, taxpayers. good policy. Congresswoman , and During the debate last week, Chair- With that, I reserve the balance of Chairwoman NYDIA VELA´ ZQUEZ for man FRANK said, We’ll go you one bet- my time. their hard work and effort on this leg- ter in this effort. Let me repeat that. Ms. KOSMAS. Mr. Speaker, I yield islation. The bill will encourage new We’ll go you one better. If the bill on such time as he may consume to the lending by financial institutions, and the floor today is ‘‘one better’’ than gentleman from (Mr. DRIEHAUS). this will help small businesses access our proposal, I would hate to see what Mr. DRIEHAUS. Mr. Speaker, I the capital they need to continue inno- happened if the majority tried to go thank the cosponsor of this resolution, vating, growing, and creating jobs in ‘‘one less.’’ Ms. KOSMAS, for yielding. our communities. The bill today does not require a cer- Last week, we passed the Small Busi- During the debate on this bill, the tificate for each investment trans- ness Lending Fund Act. I offered an minority offered a good suggestion for action, as our motion to recommit amendment at that time that would the oversight of the Small Business would have required. Instead, this bill create the Office of Small Business Lending Fund, specifically regarding only asks Treasury to certify that the Lending Fund Oversight under the au- the disbursement of the funds provided purchase decision process has been de- thority of the Treasury Inspector Gen- for under the program. Today, we are signed to ensure decisions are made be- eral. This office would strengthen ac- here to take action on their suggestion cause of political considerations. Let countability by helping ensure that to enhance this oversight. me repeat that: Certifying that the loans are being put to use where I am pleased to sponsor, along with purchase decision process is designed they’re most needed and put to use in Mr. DRIEHAUS, H.R. 5551, which will re- so that decisions are made based on ec- a way responsible to taxpayers. The quire the Secretary of the Treasury to onomics and not political is not going bill we’re now considering would fur- certify, under oath, to the Inspector one better than certifying that each ther improve oversight by requiring General that determinations on the actual purchase with the taxpayers’ the Treasury Secretary to certify to disbursements from the Small Business money was made based on economics the Treasury Inspector General, under Lending Fund are based on economic and not politics. oath, that loan disbursements are need and not political considerations. I’m sure the purchase decision proc- based on economic need and not polit- We believe this enhanced oversight to ess for the original TARP was not in- ical considerations. be a good addition to the already exist- tended to bring any politics into play. Credit where credit is due, Mr. ing oversight for the program, and we While I may not have supported TARP, Speaker. This idea was brought to the believe that it will go further to make the purchase decision process was floor last week in a Republican motion sure that the necessary funds are made aimed at investing capital in healthy to recommit. However, that measure available to the small businesses in the banks to support banks in lending. would have required a special certifi- areas of the country and of the econ- However, when the individual invest- cation to the Special Inspector General omy that need it the most. H.R. 5551, ment decisions were made with the for TARP, which is not the appropriate

VerDate Mar 15 2010 01:26 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.006 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4684 CONGRESSIONAL RECORD — HOUSE June 23, 2010 oversight body for this bill. The Small retary is going to certify that we’re make sure that politics isn’t involved Business Lending Fund is not part of going to put together a little process in the Small Business Lending Fund, TARP, and it isn’t reliant upon TARP here and we think that, one, it will not you want to make sure that the Treas- funds. But it is critically important be based on politics or influence from ury is sticking to their oath and mak- that these loans are helping small busi- outside, but we’re not going to make ing sure that these are based on eco- nesses to invest and create jobs. him accountable for each billion-dollar nomic decisions, then you vote for this This legislation will provide greater investment or millions of dollars of in- bill. If you believe politics should be assurance that the Small Business vestment of the taxpayers’ money into part of it, then vote against it. Lending Fund is most effective in aid- these banks. And so I wish my col- We keep missing the mark here in ing our recovery, and I urge speedy leagues on the other side were actually terms of the Republicans. The Repub- passage. However, I think I would be serious about what we’re doing here. licans want to talk about SIGTARP. remiss if I weren’t to comment on the I appreciate the majority’s trying to This isn’t about TARP. No more should gentleman from Texas’s comments, and address these shortcomings. However, SIGTARP be overseeing the Depart- that is this comparison between the I’ve already covered that today’s bill ment of Defense than should they be oath being taken by the Treasury Sec- falls short of the protections for tax- overseeing small business lending. This retary and a 16-year-old driver. I do in payers offered in the motion last week. is about Treasury and making sure fact believe an oath taken by the Sec- At the same time, the majority said that politics aren’t part of the deci- retary of the Treasury, just like an those protections were just another bu- sions being made at Treasury. Again, if oath taken before a committee of Con- reaucratic layer in the process. I don’t the Republicans think politics should gress, means something, and it means think the taxpayers see it that way. be part of the decision, they can vote something very serious. Just like the Capital Purchase Pro- ‘‘no,’’ but we took them at their word Now, as much as the gentleman from gram within TARP, this new $30 billion that they didn’t think politics should Texas and his colleagues would have us lending fund will make capital invest- be part of the Treasury function. We’ve want to talk about the TARP, this is ment in banks with taxpayers’ dollars. taken it away through the Inspector not the TARP. This was never the Unlike the TARP program, however, General. The Inspector General has an TARP. And I want to remind the Mem- this new program will lack the strong incredible track record. We respect bers about the Inspector General at oversight provided by the Inspector that track record. And if the Repub- Treasury because we treat the Inspec- General for TARP or SIGTARP. That licans don’t respect it, they can, with tor General at Treasury as if he hasn’t same SIGTARP last week announced a all due respect, vote against this. But done this before. Several references $2 billion fraud indictment involving again, this is not TARP money. As were made last week to his inability. an attempt by a bank to obtain TARP much as they would like to have us be- So I want to talk just a minute about money. The regulator put in charge of lieve that this is, again, another this. The Small Business Lending Fund this new TARP-like fund, the Treasury TARP, it is not. And I realize that will not be a TARP program. It will Inspector, was not even involved in doesn’t fit into the political rhetoric not be funded with TARP money, and this fraud case. that is so often used around here, but it the oversight body should not be TARP b 1040 is the reality. either. In fact, we’re giving it to the According to GAO and the Treasury Mr. NEUGEBAUER. I will remind the Inspector General at Treasury, Mr. Inspector General’s report, the Treas- gentleman that the original TARP pro- Thorson, who served as the Inspector ury Inspector General is currently fo- gram was the Federal Government in- General for the Small Business Admin- cused on material loss reviews required vesting taxpayer dollars into the pre- istration from 2006 to 2008. In that for failed banks due to the large num- ferred stock of banks. I would encour- short time, Mr. Speaker, his office un- ber of bank failures. Adding oversight age the gentleman to read the text of covered what is believed to be the larg- of the $30 billion lending fund will re- this bill that we passed last Friday. est government-backed loan fraud quire more resources, creating more And what does that say? It says the scheme in history. He’s not an ama- bureaucracy when we already have in Federal Government will tax the tax- teur. Roughly $75 million was uncov- place an agency that can do this job. payers’ money and provide preferred ered in that loan investigation. As a re- SIGTARP has considerable experi- stock. Now you can try to call it some- sult of their investigation, they ar- ence overseeing a program in which thing else, but it’s a TARP program. rested 15 people in one day and con- government purchases preferred stocks I want to go back to something that victed the executive vice president of in banks—TARP and TARP 2, both the happened last week. During that de- one bank and the vice president of an- same program. If we create a new bate, the gentlewoman from New York other. TARP program that will also purchase (Ms. VELA´ ZQUEZ) said that those of us Again, this is not TARP money. I re- shares in banks, we should use the on this side of the aisle wanted to keep alize that doesn’t fit with the overall same oversight agency that has a prov- TARP going. Let’s go back to the political objective of the opposition to en track record and expertise. Doing record here. I didn’t get a chance to re- suggest that we are extending yet an- less is a disservice to the taxpayers. spond then, so I want to set the record other TARP. This is not TARP. This is Merely requiring certification that the straight. about getting money to small busi- process the Treasury intends to use TARP was supposed to expire on De- nesses and creating jobs in the United will prevent politics from coming into cember 31, 2009, and there was strong States. play is not the same as requiring support for allowing TARP to expire. Mr. NEUGEBAUER. Mr. Speaker, I Treasury to certify that each trans- In fact, more than 100 of us on this side appreciate the Democrats wanting to action made was based on economics of the aisle sent a letter to Treasury bring a little bit of additional over- and not politics. Secretary Geithner that urged him to sight into this. So I would ask unani- The majority can’t have it both let TARP expire. In fact, we introduced mous consent, then, that we take the ways. You can’t say you are going to legislation to force the expiration of language from the motion to recommit go ‘‘one better’’ than the protections in TARP. We voted against the majority’s that says the Secretary shall have to our motion to recommit that you legislation to divert TARP funds for certify every transaction and make called another ‘‘bureaucratic layer’’ other spending. But the Treasury Sec- that a part of the text of this bill. and then do less, which basically is the retary extended TARP through this Oc- The SPEAKER pro tempore. The pro- bill that they brought before us today. tober, and the majority did nothing to ponent of the motion would have to I reserve the balance of my time. stop it. withdraw and offer a new form of the Ms. KOSMAS. Mr. Speaker, I yield Just as we are, again, getting close motion to achieve that end. such time as he might consume to the to having TARP expire, the majority Mr. NEUGEBAUER. So I guess my gentleman from Ohio (Mr. DRIEHAUS). brings up a bill that creates what is es- colleagues are not really serious about Mr. DRIEHAUS. I thank the gentle- sentially a second TARP program, and making this oversight stronger. We’re lady for yielding. it will last for years. So who wants to going to go with the watered-down lan- Mr. Speaker, again, this is a straight- keep TARP going? Rather than doing guage, which basically says the Sec- forward amendment. If you want to something that creates more certainty

VerDate Mar 15 2010 03:55 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.011 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4685 for small businesses to grow and add them in building wealth over time and the importance of homeownership in jobs to this economy, the majority is strengthens communities through a greater the United States. repeating the same failed initiatives stake among homeowners in local schools, Owning a home is a fundamental part that have helped grow our national civic organizations, and churches; of the American Dream and is the larg- Whereas creating affordable homeowner- debt to over $13 trillion in the past 2 ship opportunities requires the commitment est personal investment most families years. and cooperation of the private, public, and will ever make. For millions of fami- We’ve had record bank failures, in- nonprofit sectors, including the Federal Gov- lies across this country, a home is cluding four banks that were TARP re- ernment and State and local governments; more than just the symbol of the cipients. When those TARP recipient Whereas homeownership can be sustained American Dream. It’s the backbone of banks failed, the taxpayers’ investment through appropriate homeownership edu- the American way of life. Moreover, in of $2.6 billion was essentially wiped cation and informed borrowers; and addition to providing financial benefits out. More than 100 banks that have re- Whereas affordable homeownership will to individuals, homeownership helps play a vital role in resolving the crisis in the ceived TARP funds have missed their United States housing market: Now, there- strengthen communities. Since home- dividend payments. These missed divi- fore, be it owners are investing not only in them- dend payments have cost the American Resolved, That the House of Representa- selves, but in the community, they taxpayers more than $200 million. The tives— have a greater stake in the success of sad thing is that there are things Con- (1) fully supports the goals and ideals of their local schools, civic organizations, gress could do that actually help small National Homeownership Month; and churches. businesses. Instead, the majority has (2) recognizes the importance of homeown- For the past several years, this coun- chosen to pass a bill that will cost tax- ership in building strong communities and try has experienced significant up- families; and payers billions of dollars and do noth- (3) reaffirms the importance of homeown- heaval in the United States housing ing, really, to help small businesses. ership in the Nation’s economy and its cen- market. The turmoil being experienced And today the majority has chosen to tral role in our national economic recovery. by homeowners has been devastating provide fewer taxpayer protections The SPEAKER pro tempore. Pursu- and swift moving, and Americans are than we offered last week. ant to the rule, the gentlewoman from looking to their leaders in government Mr. Speaker, I appreciate the fact to end the terrible housing situation Florida (Ms. KOSMAS) and the gen- that the majority thought we had a without placing an additional burden tleman from California (Mr. GARY G. good idea. I just wish they would have on the taxpayers. MILLER) each will control 20 minutes. used our idea. So the vote today is, Do The Chair recognizes the gentle- b 1050 you want to make sure that the tax- woman from Florida. payers have a strong oversight, or do My home State of California, in par- GENERAL LEAVE you want a watered-down version? ticular, has been heavily impacted by I yield back the balance of my time. Ms. KOSMAS. Mr. Speaker, I ask the mortgage crisis, with thousands of Ms. KOSMAS. I yield back the bal- unanimous consent that all Members families losing their homes. Thirty- ance of my time. may have 5 legislative days within four percent of homeowners in my The SPEAKER pro tempore. The which to revise and extend their re- State currently have negative equity question is on the motion offered by marks on this legislation and to insert in their home. It is crucial that the the gentlewoman from Florida (Ms. extraneous material thereon. body recognize the impact of the prob- KOSMAS) that the House suspend the The SPEAKER pro tempore. Is there lems facing the housing market so it rules and pass the bill, H.R. 5551, as objection to the request of the gentle- can take steps to ensure that equity amended. woman from Florida? and liquidity return to the market- The question was taken. There was no objection. place. The SPEAKER pro tempore. In the Ms. KOSMAS. Mr. Speaker, I yield Despite all that is occurring in the opinion of the Chair, two-thirds being myself 2 minutes. current housing market, we need to re- in the affirmative, the ayes have it. This bipartisan resolution supports member that home ownership has his- Ms. KOSMAS. Mr. Speaker, on that I the goals and ideals of National Home- torically been the single largest cre- demand the yeas and nays. ownership Month and reaffirms Con- ator of wealth for most Americans. As The yeas and nays were ordered. gress’ commitment to helping working someone who has been involved in the The SPEAKER pro tempore. Pursu- families fulfill a fundamental part of industry for over 35 years as a devel- ant to clause 8 of rule XX and the the American Dream. Importantly, this oper, I have seen my fair share of the Chair’s prior announcement, further resolution recognizes the vital role housing market downturns. proceedings on this motion will be that homeownership plays, together From these experiences, I have postponed. with safe and affordable rental hous- learned at times of stress it is impor- f ing, and building strong communities tant to ensure that liquidity continues and families, and it affirms the central to flow to the housing market in order RECOGNIZING NATIONAL role that responsible homeownership to keep the market functioning. Ac- HOMEOWNERSHIP MONTH plays in our economic recovery. cordingly, the loan limit increases Ms. KOSMAS. Mr. Speaker, I move to I hope my colleagues will join in sup- passed by this body are finally pro- suspend the rules and agree to the reso- port of this resolution that will send an viding affordable, safe mortgages for lution (H. Res. 1434) recognizing Na- important signal to the American peo- homeowners in the high cost areas who tional Homeownership Month and the ple that creating fair and responsible were previously forced to resort to importance of homeownership in the homeownership opportunities requires risky loans and impaired their ability United States. commitment and cooperation, and that to keep their home. The Clerk read the title of the resolu- Washington is up to the challenge. Additionally, to bring stability to tion. Mr. Speaker, I reserve the balance of the housing market and encourage re- The text of the resolution is as fol- my time. sponsible home ownership, I have spon- lows: Mr. GARY G. MILLER of California. sored legislation to allow homeowners H. RES. 1434 I yield myself such time as I may con- going through foreclosure to stay in Whereas the month of June is recognized sume. their homes and have the option of as National Homeownership Month; Today I rise in support of House Res- buying them back in the future. During Whereas the people of the United States olution 1434, recognizing the signifi- these economically challenging times, are one of the best-housed populations in the cance of homeownership in America. it is more important than ever to pro- world; Every year, this body comes together vide relief to hardworking Americans. Whereas owning a home is a fundamental to designate June as National Home- In conclusion, in the first quarter of part of the American dream and is the larg- est personal investment many families will ownership Month. To continue this 2010 the national home ownership rate ever make; long record of recognition, H.R. 1434 decreased to 67.1 percent. This is the Whereas homeownership provides eco- provides congressional recognition of lowest home ownership rate since the nomic security for homeowners by aiding National Homeownership Month and first quarter of 2000. Additionally, in

VerDate Mar 15 2010 01:26 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.013 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4686 CONGRESSIONAL RECORD — HOUSE June 23, 2010 the first-time buyer age group of under The House of Representatives and signed contracts will be unable to close be- 35 years old, the home ownership rate USDA’s Rural Housing Service have fore the June 30, 2010 deadline. We support fell to 38.9 percent, which is the lowest done our jobs. It’s my sincere hope that the bipartisan effort in the Senate to include an extension of the deadline in legislation level since 1997. the Senate will act quickly on the 502 making its way to the President and would Assisting home buyers and home- Single Family Guaranteed Loan pro- also support an extension as a standalone owners by permanently increasing the gram so that banks can close on loans. bill. The housing market remains fragile and loan limits, enabling borrowers in fi- The House has passed antipredatory vulnerable to the uncertainty created by nancially distressed homes to stay in lending legislation and is now in con- thousands of potential homebuyers not their homes, must be a priority for this ference with the Senate on legislation knowing if they will receive their tax credit. body. These efforts will help maintain that will increase consumer protection Passing an extension sooner rather than the Nation’s home ownership level and by reforming our financial services reg- later will help avoid the inertia and bottle- neck in home sales created by the unknown speed up the overall recovery of the ulations and legislation. Moreover, the outcome of so many pending closings. housing market. House of Representatives has passed Extending the deadline is the fair thing to I reserve the balance of my time. legislation reauthorizing the National do, and so Congressional action would be Ms. KOSMAS. Mr. Speaker, I yield 4 Flood Insurance Program that will both appropriate and beneficial to thousands minutes to the gentleman from Texas help Americans in their times of need. of our constituents. H.R. 3548 which extended (Mr. HINOJOSA). Hundreds of thousands of first time the homebuyer tax credit was supported by Mr. HINOJOSA. Mr. Speaker, I rise home buyers will be unable to close on both sides of the isle on November 5, 2009 by in strong support of House Resolution a vote of 403–12. This provision was pushed by their homes if they are located in both Republicans and Democrats who wanted 1434, recognizing June 2010 as National floodplains and require flood insurance. it extended to April. Therefore, ensuring the Homeownership Month. I am proud to I humbly ask that the Senate reauthor- tax credit can he administered efficiently be an original cosponsor of this impor- ize the National Flood Insurance Pro- and fairly is shared by both parties. As you tant resolution, and I commend my gram as quickly as possible. consider additional measures to strengthen good friend and colleague, Congress- Mr. Speaker, dozens of communities the economy and support job growth we urge man GARY MILLER from California, for across the Nation have planned events to support a fix to the homebuyer tax credit. its introduction. and activities throughout June to Sincerely, This year’s theme is Protecting the highlight the benefits of home owner- Joe Courtney; Shelley Berkley; Bob Fil- American Dream. American families ner; Solomon P. Ortiz; Maurice D. Hin- ship and share information on ways chey; Rosa DeLauro; Ike Skelton; deserve the opportunity to achieve and families can remain successful home- Carol Shea-Porter; Kathy Dahlkemper; sustain the dream of home ownership. owners. John Boozman; John J. Duncan, Jr.; This administration and Congress have The SPEAKER pro tempore. The Jerry Moran; Sanford D. Bishop, Jr.; been taking the necessary measures to time of the gentleman has expired. Paul Tonko; Gene Taylor; Lincoln help existing homeowners stay in their Ms. KOSMAS. I yield an additional 10 Davis; Ileana Ros-Lehtinen; Kathy Cas- homes, to offer a second chance to mil- seconds to the gentleman. tor; Eddie Bernice Johnson; Nick Ra- lions of responsible families, to encour- Mr. HINOJOSA. I am glad that we hall; Madeleine Z. Bordallo; Jim Costa; age wise and affordable home pur- are in Congress acknowledging their ef- Frank Pallone, Jr.; Timothy Bishop; Dean Heller; Chris Van Hollen; John chases, and to stabilize our households, forts through this resolution. I urge all my colleagues to support Boccieri; Ron Paul; Larry Kissell; Dan neighborhoods, and communities. Burton; Dina Titus; Thomas S.P. The House of Representatives passed this important resolution. Perriello; Michael E. McMahon; John the Federal Housing Administration CONGRESS OF THE Adler; Baron P. Hill; Dennis Cardoza; Reform Act of 2010. Sponsored by UNITED STATES, ; Vernon J. Ehlers; Mike Chairwoman MAXINE WATERS of Cali- Washington, DC, June 17, 2010. McIntyre; Lloyd Doggett; John Spratt; fornia, the bill also helps families real- Hon. NANCY PELOSI, Brad Ellsworth; Alcee L. Hastings; Speaker, U.S. House of Representatives, Wash- ize the American Dream of home own- Daniel Maffei; Betty Sutton; Bobby ington, DC. Bright; Leonard L. Boswell; Donald A. ership, protects Americans from mort- Hon. JOHN BOEHNER, Manzullo; Bruce L. Braley; Steve gage fraud, and saves taxpayers money. Minority Leader, U.S. House of Representatives, Israel; Jerry McNerney; Rube´n The legislation ensures that the Fed- Washington, DC. Hinojosa; Thomas Rooney; Phil Hare; eral Housing Administration remains DEAR SPEAKER PELOSI AND MINORITY LEAD- Timothy J. Walz; Harry E. Mitchell; viable and continues to provide quali- ER BOEHNER: The homebuyer tax credit has Suzanne M. Kosmas; Ander Crenshaw; fied borrowers with access to prime been extremely successful in increasing Deborah L. Halvorson; ; home sales and stabilizing the housing mar- Paul E. Kanjorski; Henry E. Brown, credit. ket. Early estimates suggest that when com- FHA insurance has been particularly Jr.; Patrick J. Murphy; Nita M. Lowey; plete the credit will have created 1 million Edolphus Towns; Howard L. Berman; important for minority communities, additional home purchases, and saved an av- John Barrow; Brad Sherman; Steve for low-income families, and for first- erage of $21,000 in equity for American home- Kagen; Russ Carnahan; Joe Wilson; time home buyers, and will continue to owners who indirectly benefited from the Henry Cuellar; Gerald E. Connolly; help my congressional district, which stabilizing of house values. Dave Loebsack; Walter B. Jones; Pete is 80 percent Hispanic and poor. However, many relatively new challenges Stark. The Homebuyer Tax Credit the House to the industry have delayed the closing for too many homebuyers who made every effort Mr. GARY G. MILLER of California. has extended several times has in- available to sign for a house by April 30, 2010 I yield myself the balance of my time. creased home sales and helped stabilize and close by the June 30, 2010 deadline. Lend- As I said, owning a home is a funda- the housing market. Estimates suggest ers involved with short sales and fore- mental part of the American Dream, that this credit and several extensions closures have not been able to respond fast and I have been honored to introduce will have resulted in 1 million addi- enough to allow homebuyers to close. Fed- this resolution, I think, for the past 12 tional home purchases and saved an av- eral programs, such as FHA, VA loans and years. It is a fundamental part, but erage of $21,000 in equity for American USDA Rural Development have not always that doesn’t mean that everybody nec- homeowners who indirectly benefited kept up with demand. USDA’s single family essarily is in a position to own a home home loan guarantee program ran out of from the stabilization of house values. funds in early May, thus eliminating a lend- at a given time. And that’s something In my capacity as chairman of the ing source for qualified homeowners and people need to strive for in their lives Congressional Rural Housing Caucus, I builders who had planned on the government and look for in the future. have managed to collaborate with my program as early as last year. All of these And if you look at the situation—and colleagues in obtaining a substantial delays were not foreseen by homebuyers or my colleague was talking about FHA— amount of money for the USDA Sec- even Congress who set 60 additional days as FHA, Freddie, and Fannie are pro- tion 502 Single Family Direct Loan an appropriate window of time to complete a viding about 92 percent of all the loans program. Recently, I worked closely closing. in this country. If it were not for that, We ask that the June 30, 2010 deadline be with the USDA’s Department of Rural extended for those homeowners who entered people in this country could not buy or Housing Service on additional commit- into a binding contract by April 30, 2010. The sell a home basically because there is ment authority for the Section 502 Sin- Nationals Association of Realtors estimated not liquidity in the marketplace to gle Family Guaranteed Loan program. that up to 180,000 eligible homebuyers who deal with it other than the GSEs.

VerDate Mar 15 2010 01:26 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.016 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4687 But at the same time, we need to un- Mr. Speaker, homeownership does not only Ms. KOSMAS. Mr. Speaker, on that I derstand that underwriting standards serve as a centralized American idea, but also demand the yeas and nays. for FHA, Freddie, and Fannie need to as a fundamental source of growing capital The yeas and nays were ordered. be very solid, thereby not putting any and investment for the American people and The SPEAKER pro tempore. Pursu- of the agencies or the taxpayers at economy. The purchase of a home is one of ant to clause 8 of rule XX and the risk. I think FHA has done a good job the biggest investments one can make. It Chair’s prior announcement, further recently increasing their underwriting strengthens both a homeowner’s individual proceedings on this motion will be standards, requiring people to be in a economic growth as well as the local commu- postponed. better position to be able to repay nities as the effects of a growing housing mar- f ket will trickle down in the form of jobs, build- their mortgages, and this is essential. NATIONAL FLOOD INSURANCE The National Association of Realtors ing suppliers, tax bases, schools, and other 3 PROGRAM EXTENSION ACT of 2010 is strongly behind this resolution. Al- forms of revenue. Until recently, the U.S. though this is a statement that Con- gross domestic product has always been very Ms. KOSMAS. Mr. Speaker, I move to gress is making, it doesn’t require any closely tied to the total American housing valu- suspend the rules and pass the bill action, it’s a significant statement. It’s ation. Housing is a form of wealth that in- (H.R. 5569) to extend the National being made on behalf of the American creases American consumption and the Flood Insurance Program until Sep- people who believe they want to own a growth of the economy. tember 30, 2010. home, they have a right to own a With consideration to the significance of The Clerk read the title of the bill. home, and if they are in a position to homeownership in America, the House re- The text of the bill is as follows: do that, we are encouraging that. cently passed H.R. 5072, the FHA Reform Act H.R. 5569 The Realtors say that 51⁄2 million of 2010. This act will serve to crack down on Be it enacted by the Senate and House of Rep- taxpayers depend on the NFIP to pro- fraud and misrepresentation from lenders, im- resentatives of the United States of America in tect them from flooding. We are going prove the FHA’s internal controls and risk Congress assembled, to deal with that in the next bill. They management, and provide more transparency SECTION 1. SHORT TITLE. also came and supported the resolution and information to the public. This act is cru- This Act may be cited as the ‘‘National we are putting before us today. So cial to the future growth of the American hous- Flood Insurance Program Extension Act of 2010’’. there are two resolutions in a row that ing industry, and it signifies the congressional recognition of the extreme importance of SEC. 2. EXTENSION OF NATIONAL FLOOD INSUR- are very important to home ownership ANCE PROGRAM. in this debate today. The one we have homeownership in our economy. (a) PROGRAM EXTENSION.—Section 1319 of before us is the concept that people For these reasons, Mr. Speaker, I rise in the National Flood Insurance Act of 1968 (42 should have a right to own a home. support of H. Res. 1434 to recognize National U.S.C. 4026) is amended by striking ‘‘Sep- With that, I yield back the balance of Homeownership month and give praise to tember 30, 2008’’ and inserting ‘‘September my time, and I ask for an ‘‘aye’’ vote home owners in America. 30, 2010’’. on this resolution. Ms. EDDIE BERNICE JOHNSON of Texas. (b) FINANCING.—Section 1309(a) of such Act Ms. JACKSON LEE of Texas. Mr. Speaker, Mr. Speaker, I rise in strong support of Na- (42 U.S.C. 4016(a)) is amended— tional Homeownership Month. This month (1) by striking ‘‘September 30, 2008’’ and in- I rise in support of H. Res. 1434 to recognize serting ‘‘September 30, 2010’’; and National Homeownership Month and the im- marks the 42nd anniversary of the landmark 1968 Fair Housing Act which opened the dia- (2) by striking ‘‘$20,775,000,000’’ and insert- portance of homeownership in America. As ing ‘‘$20,725,000,000’’. you know, homeownership is an important logue of equal homeowner opportunities and (c) EFFECTIVE DATE.—The amendments portion of our economy and a central piece of growth. National Homeownership Month con- made by subsections (a) and (b) shall be con- American culture that lies within the idea of tinues its same principles by promoting the sidered to have taken effect on May 31, 2010. the ‘‘American Dream’’. very core of American values of fairness, op- SEC. 3. BUDGET COMPLIANCE. The idea of homeownership being central to portunity, and growth. The budgetary effects of this Act, for the the ‘‘American Dream’’ has a long history. National Homeownership Month reflects the purpose of complying with the Statutory Some believe that its roots date all the way importance of homeownership and the Amer- Pay-As-You-Go Act of 2010, shall be deter- mined by reference to the latest statement back to 1776, where in the Declaration of ican dream. For most Americans, owning their own home will be their largest and most sig- titled ‘‘Budgetary Effects of PAYGO Legisla- Independence, Jefferson stated that all men nificant financial investment. It represents se- tion’’ for this Act, submitted for printing in have the right to ‘‘life, liberty, and the pursuit curity, builds neighborhood pride, and is es- the Congressional Record by the Chairman of of happiness.’’ In American culture, home the House Budget Committee, provided that sential in creating positive productive commu- ownership is often used as a proxy for the such statement has been submitted prior to nities. the vote on passage. promised prosperity that was to be included in National Homeownership Month reaffirms The SPEAKER pro tempore. Pursu- the interpretation of ‘‘liberty’’ and ‘‘happiness.’’ the importance of homeownership in the Na- ant to the rule, the gentlewoman from In 1931, James Truslow Adams invented the tion’s economy and its central role in our na- Florida (Ms. KOSMAS) and the gen- term ‘‘American Dream’’ and used it to exem- tional economic recovery. Home affordability tleman from California (Mr. GARY G. plify the idea that with enough hard work, any- and financial education is the key to over- MILLER) each will control 20 minutes. one can achieve what they desire in life. For coming the housing crisis and promote good The Chair recognizes the gentle- many Americans, homeownership is a central housing practices and policies. Financial edu- woman from Florida. aspiration and the key to happiness and pros- cation not only directly benefits American fami- perity. lies, but, in turn, helps to ensure a robust and GENERAL LEAVE Our great nation has long supported this strong economy. Ms. KOSMAS. Mr. Speaker, I ask theme in American culture. In response to the Mr. Speaker, it is vital that we continue to unanimous consent that all Members Great Depression and a failing housing indus- empower people of all races, economic status, may have 5 legislative days within try, the U.S. government created the Federal and backgrounds who desire to own their own which to revise and extend their re- Housing Administration in 1934. The FHA then home. It is a valuable stabilizer for both fami- marks on this legislation and to insert became a part of the Department of Housing lies and communities. extraneous material thereon. and Urban Development office in 1965. To- Ms. KOSMAS. Mr. Speaker, I have no The SPEAKER pro tempore. Is there gether, the mission of these organizations is to further requests for time, and I yield objection to the request of the gentle- create strong, sustainable, inclusive commu- back the balance of my time. woman from Florida? nities and quality affordable homes for all. The SPEAKER pro tempore. The There was no objection. Since its inception in 1934, the FHA and HUD question is on the motion offered by Ms. KOSMAS. Mr. Speaker, I yield have insured over 34 million home mortgages the gentlewoman from Florida (Ms. myself such time as I may consume. and 47,205 multifamily project mortgages. In KOSMAS) that the House suspend the I thank the gentleman from Texas the 1920s only about 4 out of 10 homes were rules and agree to the resolution, H. who earlier spoke on this particular owned. Thanks to the work of the FHA the Res. 1434. issue. homeownership rate in America is now up- The question was taken. Mr. Speaker, I rise today to speak wards of 66%. FHA insurance has been espe- The SPEAKER pro tempore. In the about this crucial bill, H.R. 5569, the cially important for minority communities, low- opinion of the Chair, two-thirds being National Flood Insurance Program Ex- income families, and first-time homebuyers. in the affirmative, the ayes have it. tension Act of 2010, which would extend

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.017 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4688 CONGRESSIONAL RECORD — HOUSE June 23, 2010 the National Flood Insurance Program plain which requires them to buy flood need should they become victims of a through the end of September this insurance to close on a federally hurricane. I encourage my colleagues year. backed mortgage. to support this important legislation. The flood insurance program provides It is unfortunate that the fate of the Mr. GARY G. MILLER of California. valuable protection for approximately National Flood Insurance Program has Mr. Speaker, I yield 21⁄2 minutes to the 5.5 million homeowners. Unfortunately, to be authorized on a temporary basis gentlewoman from Florida (Ms. ROS- the lack of a long-term authorization because of other unrelated issues. The LEHTINEN). has placed this program at risk. The result has created uncertainty and in- Ms. ROS-LEHTINEN. I thank my program has lapsed three times now stability in the market at a time when good friend for the time. since the beginning of this year: for 2 this country can least afford it. Imme- Mr. Speaker, I rise in strong support days in March, for 18 days in April, and diate action is needed to support home- of this bill to extend the National again since June 1. owners and small businesses owners Flood Insurance Program, as adminis- tered by FEMA, until September 30, b 1100 who depend on flood insurance for an important measure of financial secu- 2010. About 90 percent of all flood in- These lapses meant that FEMA was rity, especially during the June to No- surance policies nationwide are pro- not able to write new policies, renew vember storm season. vided through the National Flood In- expiring policies, or increase coverage This bill provides for a temporary ex- surance Program, and nearly half of limits. This also means that each day tension through the end of the current those policies are held in my home 1,400 home buyers who wanted to pur- fiscal year, September 30, 2010. The bill State of Florida. chase homes located in flood plains are would also make the reauthorization Flood insurance in a hurricane-prone unable to close on their homes. Given retroactive to May 31, 2010, and offset State is not merely a necessity; it is a the current crisis in the housing mar- the cost by reducing the NFIP’s bor- requirement for those homeowners ket, this instability in the flood insur- rowing authority by $50 million from with mortgages. For nearly 1 month, ance program is hampering the mar- $20.775 billion to $20.725 billion. As a re- prospective homeowners in my con- ket’s recovery, and it must be ad- sult, according to consultations with gressional district of south Florida dressed. CBO, this bill would have no net im- have been in limbo. Unable to secure This bill would simply extend the pact on the Federal budget. the required flood insurance, these in- current program through September 30, Congress also needs to move forward dividuals and families have been un- 2010, to address the immediate issue of this year with serious long-term re- able to close on their homes. Their individuals being able to close on their forms of the flood insurance program. frustration is palpable. New buyers in homes. The NFIP carries a debt of more than the housing market are needed to help Soon I will be able to support Ms. $18 billion and continues to subsidize my congressional district recover from WATERS in bringing comprehensive premium rates of nearly 25 percent of this economic downturn. flood insurance reform to the floor. all insured properties. The program At a time when the Federal Govern- This bill passed out of the Financial cannot continue on this path with a ment is increasing incentives for home- Services Committee on a simple voice built-in shortfall. ownership, it is utterly bizarre that vote in April. Ms. WATERS’ bill would On April 27, 2010, the Financial Serv- Congress would fail to extend a pro- restore stability to the flood insurance ices Committee reported this bill, the gram that is required for many mort- program by reauthorizing the program Flood Insurance Reform Priority Act, gages to be finalized. The National for 5 years and would address the im- to reauthorize and reform the NFIP for Flood Insurance Program is a neces- pact of new flood maps by delaying the 5 years. This bill includes several im- sity, and its extension should not be mandatory purchase requirement for 5 portant provisions that represent a subject to partisan politics. years and then phasing in actuarial good first step toward repairing the fi- This bill extends the program until rates for another 5 years. nancial soundness of the NFIP, but the end of September, but it must be Ms. WATERS’ bill also makes other more reforms are urgently needed. I extended for several years so that improvements to the program by phas- support the extension of the NFIP pro- homeowners can buy and sell their ing in actuarial rates for pre-FIRM gram and encourage my colleagues to properties without worries. This uncer- properties, raising maximum coverage vote for it today. tainty produced by Band-Aid exten- limits, providing notice to renters I reserve the balance of my time. sions of the flood insurance program is about contents insurance, and estab- Ms. KOSMAS. Mr. Speaker, I yield 2 hurting an already ailing housing mar- lishing a flood insurance advocate minutes to the gentleman from Texas ket. similar to the taxpayer advocate at the (Mr. HINOJOSA). I am a cosponsor of Congressman Internal Revenue Service. Mr. HINOJOSA. Mr. Speaker, I rise CAO’s bill, which extends the program In the meantime, we must extend the in strong support of H.R. 5569, extend- for 3 years; and I encourage my col- current National Flood Insurance Pro- ing the National Flood Insurance Pro- leagues to cosponsor the bill of the gram. This country is reeling from gram until September 30, 2010, making gentleman from Louisiana, H.R. 5553, major floods in Tennessee, Arkansas, it retroactive to May 31, 2010. and I will also be introducing a bill to and Oklahoma. And we are now offi- I commend Chairwoman MAXINE WA- further extend this popular flood insur- cially in hurricane season. I urge my TERS for introducing this timely bill. ance program. colleagues to stand with me in support Congress must extend authority for the Mr. Speaker, we have extended this of this important extension, and I National Flood Insurance Program to program three times since it has ex- thank Ms. WATERS and Chairman write or renew flood insurance policies pired. Let’s get this right. Flood insur- FRANK, and urge my colleagues to vote which are required in order to obtain a ance is critically important for home- in favor of this bill. mortgage in a 100-year floodplain. owners. Also, let’s reform it so it does I reserve the balance of my time. Now that the National Flood Insur- not face continual financial shortfalls. Mr. GARY G. MILLER of California. ance Program authorization has I urge my colleagues to join me in Mr. Speaker, I yield myself such time lapsed, property owners in federally voting ‘‘yes’’ for this much-needed, as I may consume. designated areas across nearly 20,000 way overdue, important extension. Mr. Speaker, I rise to speak on an- communities nationwide are unable to Ms. KOSMAS. Mr. Speaker, I yield other temporary short-term extension obtain a mortgage or flood insurance myself 1 minute to make a comment. of the National Flood Insurance Pro- to protect their properties. We are well I want to suggest how important I gram, NFIP, which expired more than 3 into hurricane season. Congress must think this legislation is and to also say weeks ago on May 31, 2010. This is the pass this legislation. Congress must re- as a member of the National Associa- third time this year that the flood in- authorize as soon as possible the Na- tion of Realtors myself for over 30 surance program has expired, causing tional Flood Insurance Program to pro- years, and having been an active mem- disruption in the housing market in vide my constituents in Texas and all ber of the realty community assisting cases where individuals are trying to other constituents across the United friends and neighbors in my commu- purchase a home located in a flood- States access to a program they will nity to achieve the American Dream of

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.019 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4689 homeownership, I am pleased to offer a also live in flood-prone areas. There- Basin have to subsidize this particular letter of support from the NAR and in- fore, we must act not only to extend program? clude it for the RECORD. this program in the short term but en- A GAO report on this program that NATIONAL ASSOCIATION OF sure that in the future communities was published in April found that near- REALTORS®, devastated by the oilspill will have af- ly one in four property owners pay sub- Washington, DC, June 23, 2010. fordable access to insurance. sidized rates for their flood insurance U.S. HOUSE OF REPRESENTATIVES, That is why on Thursday I intro- that do not reflect the full risk of Washington, DC. duced H.R. 5553 that would extend the flooding. You have to ask, no wonder DEAR REPRESENTATIVE: The National Asso- NFIP for 3 years and would include a this program is $19 billion in debt, and ciation of REALTORS® strongly supports sense of Congress that the program to add insult to injury, this program H.R. 5569. The bill would extend authority keeps paying claims year after year so for the National Flood Insurance Program should not expire again. This extension (NFIP) until September 30, 2010. would remove uncertainty and would some Americans can continue to live in Five and a half million taxpayers depend show our desire to see real reform to an flood-prone areas. That’s fine if they on the NFIP as their main source of protec- inefficient program. want to live there, but I don’t know tion against flooding, the most common nat- I appreciate the gentlelady from why those people in the Great Lakes ural disaster in the United States. Since May California’s, MAXINE WATERS, attention have to keep paying for these repet- 31, the NFIP has not had the statutory au- to this important issue, and I hope that itive claims year after year. It’s only 1 thority to issue new or renewal policies. By we can work together in reforming this percent of the policy, but it is 25 per- law, flood insurance is required to obtain critical program for both of our people cent of all of the claims. federally related mortgage loans in nearly I think it is well past time that this 20,000 communities nationwide. This has re- in the future. sulted in the delay, if not cancellation, of I urge my colleagues to support H.R. program either be scrapped entirely or thousands of real estate transactions during 5569. reformed. My constituents in Michi- one of the worst down-turns in residential Ms. KOSMAS. Mr. Speaker, I have no gan, with little risk of flooding, again and commercial real estate markets since further requests for time, and I con- who have experienced little or no flood- the Great Depression. tinue to reserve the balance of my ing, are funding the National Flood In- We urge immediate approval of H.R. 5569 to time. surance Program at astronomical extend NFIP authority and avoid exacer- Mr. GARY G. MILLER of California. rates. States that we see flooded year bating the uncertainty for taxpayers who I yield 3 minutes to the gentlelady after year and, again, allow people to rely on the program, particularly in a recov- keep building and rebuilding in a flood- ering real estate market. from Michigan, Mrs. CANDICE MILLER. Sincerely, Mrs. MILLER of Michigan. I thank plain, or who keep experiencing hurri- VICKI COX GOLDER, CRB, the gentleman for yielding. canes, are essentially using this FEMA 2010 President, National Association of Mr. Speaker, I rise today to express fund as an ATM machine, and I don’t REALTORS®. my very serious concerns about this think it’s fair. Really, if we’re going to Mr. GARY G. MILLER of California. program and to remind my colleagues have a National Flood Insurance Pro- Mr. Speaker, I yield 4 minutes to the that this program is actually a very gram, I think everybody should be pay- gentleman from Louisiana (Mr. CAO). bad deal for my constituents in the ing fairly. Again, I think a national Mr. CAO. I thank the gentleman from State of Michigan and many other catastrophic fund would be the most California for yielding me this time. States in the Great Lakes Basin as fair approach to this. Mr. Speaker, I rise today in support well. I think, if this situation continues, of H.R. 5569 to focus attention on an For the past few years, FEMA has that Michigan and other States should consider opting out of this national important issue that has left our con- been engaged doing what Congress did plan and self-insuring. I’ve written a stituents financially and economically direct them to do, and that is updating letter to our Governor, and I hope that vulnerable. The National Flood Insur- and modernizing our flood maps across the entire Nation. We all recognize she considers that. ance Program, NFIP, has lapsed for the In Michigan, I would say this: We that with technology we can and we third time this year, meaning that life look down at the water. should update the maps to reflect our decisions have to be put on hold, leav- The SPEAKER pro tempore. The ing our constituents to wait out con- best science and to convert our exist- time of the gentlewoman has expired. gressional action. ing outdated maps into user-friendly Mr. GARY G. MILLER of California. When I was in New Orleans over the digital format. Let me just make clear, I yield the gentlewoman an additional weekend, a constituent came up to me I totally support that effort and those 30 seconds. and sadly stated: I could not sell my objectives. Mrs. MILLER of Michigan. I thank home because the buyer could not pur- However, property owners in the the gentleman for yielding me another chase flood insurance. Great Lakes are being treated very un- 30 seconds. fairly by these new maps which have In Michigan, we look down at the b 1110 taken effect in my district and all water. We don’t look up at the water, Today, I also read in the U.S. News through the basin during the past sev- and we just think it is very unfair that and World Report that home sales have eral years, and the net effect is that we we have to keep subsidizing all of the slipped 2 percent in May, even though can show how these property owners other areas just because we live on the Federal stimulus efforts kept real es- whose properties very rarely flood, nor water as well. I think this program tate transactions artificially elevated. have the potential to flood, are being needs to be revamped, and I would say One of the contributing elements is the treated badly because, in fact, they are again, we should have a national cata- lapse in the NFIP. Many potential being abused by the National Flood In- strophic fund. sales are being delayed by an interrup- surance Program. We have great empathy and sym- tion in the National Flood Insurance My constituents, many of them on pathy for those who want to live in a Program, according to the National As- the water, are paying very, very high flood-prone area, but I don’t know why sociation of Realtors. flood insurance premiums, and yet we those of us on the shores of the Great Mr. Speaker, the most recent NFIP very rarely even claim on this or re- Lakes have to be the only ones in the lapse couldn’t have come at a worse ceive any money for our claims. Essen- Nation to subsidize this. I think it is time. As we deal with the worst oil tially, Michigan and other States in very unfair. spill in history, we are facing what is the Great Lakes Basin are being forced HOUSE OF REPRESENTATIVES, predicted to be an active hurricane sea- to subsidize those in other States who Washington, DC, April 3, 2008. son along the gulf coast. Now, more are prone to severe weather events. If Hon. JENNIFER GRANHOLM, than ever, we need to be supporting our that’s what we are going to do, we Lansing, MI. constituents during these difficult should just call it what it is and have DEAR GOVERNOR GRANHOLM: I write to times. a national catastrophic fund as opposed bring to your attention an issue of great im- portance to the economic health and well- Many of the fishermen and others to this national flood insurance fund. being of the State of Michigan. who have had their livelihoods turned In other words, let everybody pay. Why The Federal Emergency Management upside down because of the oil spill should the people in the Great Lakes Agency (FEMA) is in the process of updating

VerDate Mar 15 2010 03:55 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.022 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4690 CONGRESSIONAL RECORD — HOUSE June 23, 2010 and modernizing flood maps across the entire state’s economy. I urge you to work with the There is nothing they can do about it and nation. This process is necessary to account state legislature and the Commissioner of they want answers. They want to know when for property development and growth over Financial and Insurance Services to explore the government is going to get the situation the past several decades as well as changes this option to see if it could result in signifi- in topography. If done properly, this process cant savings to Michigan taxpayers. fixed. And frankly, I don’t know what to tell would bring more fairness for those who live Thank you for your attention to this issue. them. To me, the idea that a single-party gov- in flood plains and are required to purchase I look forward to working with you on this ernment can’t pass must-pass legislation is in- flood insurance. important matter. comprehensible. Unfortunately, property owners in Michi- Sincerely, So I would like to thank the gentlelady from gan are being treated unfairly by these new CANDICE S. MILLER, California, Ms. WATERS, for stepping up to the maps, which have recently taken effect in Member of Congress. plate and bringing this legislation to the floor. my district and other parts of the state. Mr. GARY G. MILLER of California. And while I support the bill and will be the first These property owners, whose properties I yield myself the balance of my time. very rarely flood —nor have the potential to of my colleagues to vote for it, my constituents flood—are paying very high flood insurance It is very unfortunate that the fate of also want assurances from the Speaker and premiums and yet they very rarely receive the National Flood Insurance Program Majority Leader that this isn’t just ‘‘pat our- claims. has to be authorized on a temporary selves on the back’’ legislation—that it isn’t In regards to FEMA’s proposal for remap- basis because of unrelated issues. What just ‘‘pass it to say we did’’ legislation. My ping in the Great Lakes region, they are the marketplace needs today is cer- constituents want real results and that means raising the base flood elevation an additional tainty and stability, and we should do actually getting the Flood Insurance program, 14 inches—they say to accurately reflect the whatever we can to create that. the tax cuts, and other commitments that this risk of flooding. This is predicated on data I ask for an ‘‘aye’’ vote. from 1988, 2 years after the absolute highest government have made extended quickly. It is recorded levels for the Great Lakes. How- Mr. BRADY of Texas. Mr. Speaker, I rise in simply the right thing to do. ever, in Lake St. Clair alone, the lake levels support of H.R. 5569—To extend the National Mr. GARY G. MILLER of California. have dropped over 3 feet since then and are Flood Insurance Program until September 30, I yield back the balance of my time. now 51⁄2 feet below the old base flood ele- 2010. It’s Hurricane Season—we cannot put Ms. KOSMAS. Mr. Speaker, I yield vation. In spite of this, FEMA’s new base off the reauthorization of this program. We can back the balance of my time. 1 flood elevation is now 6 ⁄2 feet above the cur- no longer wait on the extenders package—we The SPEAKER pro tempore. The rent lake level. must pass an extension now. I have been trying to stop FEMA from im- question is on the motion offered by plementing their new flood maps until the I have constituents in Southeast Texas both the gentlewoman from Florida (Ms. International Joint Commission’s Upper in flood-prone and hurricane-prone areas that KOSMAS) that the House suspend the Great Lakes study has been completed. This are unable to access flood insurance. This is rules and pass the bill, H.R. 5569. study will be the most comprehensive study a major problem for potential homeowners, if The question was taken; and (two- of this region ever undertaken. Nevertheless, their lender requires flood insurance before thirds being in the affirmative) the my constituents are currently paying much closing. rules were suspended and the bill was higher premiums for an insurance plan that Though I am supportive of this measure, I passed. they will likely not ever file a claim on. am advocating for a longer term extension of These new maps will cost my constituents A motion to reconsider was laid on literally millions of dollars at a time when the National Flood Insurance Program through the table. May 31, 2011. I hope my colleagues will join lake levels are at historic all time lows. This f means that they are not going to be making me in advancing such a measure. claims, but they will be subsidizing other Ms. GINNY BROWN-WAITE of Florida. Mr. CONGRESSIONAL AWARD PRO- parts of the country through the National Speaker, I rise today in support of keeping GRAM REAUTHORIZATION ACT Flood Insurance Program. promises to the American people. To speak OF 2009 What is happening is that many states and plainly about it, I do not support the federal Mr. PAYNE. Mr. Speaker, I move to their property owners, with little risk of government’s growing role in the private sec- flooding, who have experienced little or no suspend the rules and pass the bill (S. tor. flooding, are funding the National Flood In- 2865) to reauthorize the Congressional But for reasons known to all of my col- surance Program at astronomical rates. Be- Award Act (2 U.S.C. 801 et seq.), and for leagues, the federal government has, for some tween 1978, the year the National Flood In- other purposes. time, been the primary provider of flood insur- surance Program began, and 2002, there were The Clerk read the title of the bill. 10 states that received more in claims than ance to America’s homeowners. Because of The text of the bill is as follows: what they paid in policies. In fact over $1.5 Congress’ inaction, that insurance is no longer billion dollars more—and the average pre- available. S. 2865 mium for policyholders in those states was Simply put, as a matter of principle and re- Be it enacted by the Senate and House of Rep- only $223. sponsible public policy, when the government resentatives of the United States of America in Michigan, on the other hand, paid almost Congress assembled, $120 million more into the program than it makes commitments to the American people, SECTION 1. SHORT TITLE. received back in claims, yet the average pre- and families and businesses come to rely on This Act may be cited as the ‘‘Congres- mium for Michigan policyholders was $257 the fulfillment of those commitments, it is flat sional Award Program Reauthorization Act dollars. As you can see, this program is out wrong to fail to live up to them. That is of 2009’’. draining millions of dollars from Michigan where we are right now. SEC. 2. CONGRESSIONAL AWARD PROGRAM. and dispensing it throughout other areas of Mr. Speaker, the Democrats have control the country. (a) IMPLEMENTATION AND PRESENTATION.— As you know, the residents of our state are over every lever of government and your ma- Section 102 of the Congressional Award Act already experiencing tremendous economic jorities in both chambers are significant. So to (2 U.S.C. 802) is amended— strain due to rising gasoline costs, the high allow the National Flood Insurance Program, (1) in the matter following subsection unemployment rate, and the housing crisis. the ‘‘SGR’’, the state sales tax deduction, and (b)(5), by striking ‘‘under paragraph (3)’’; and They do not need to spend an additional sev- others to expire demonstrates a complete lack (2) in subsection (c), in the second sen- eral hundred dollars each year on insurance of responsibility and an inability to govern. tence, by striking ‘‘during’’ and inserting ‘‘in they will likely never need. And they should This is hurting my constituents. My district, connection with’’. (b) TERMS OF APPOINTMENT AND REAPPOINT- not be mandated to sacrifice for residents of like many in Florida, has been pummeled by MENTS.—Section 103 of the Congressional other states much more prone to severe the housing crisis. And while the President weather events. Award Act (2 U.S.C. 803) is amended by strik- One of the potential solutions to this dis- may believe that press conferences touting his ing subsection (b) and inserting the fol- parity is for the State of Michigan to take foreclosure initiatives are sufficient to address- lowing: action to opt out of the National Flood In- ing the problem, my constituents know that the ‘‘(b) TERMS OF APPOINTED MEMBERS; RE- surance Program and self insure. While I re- only thing that will turn their situation around APPOINTMENT.— alize that some will consider this a rather is a recovery in demand. ‘‘(1) Appointed members of the Board shall drastic measure, this problem is having such I am sure that Members on both sides of continue to serve at the pleasure of the offi- cer by whom they are appointed, and (unless a negative impact on our constituents that I the aisle can understand my frustration when believe it must be considered, reappointed under paragraph (2)) shall serve If Michigan were to opt out of this pro- I get calls from realtors in my district explain- for a term of 4 years. gram, it would undoubtedly save our con- ing that three of their clients can’t close on ‘‘(2)(A) Subject to the limitations in sub- stituents millions of dollars each year which houses because the Flood Insurance program paragraph (B), members of the Board may be could then be used to further stimulate our has lapsed. reappointed, except that no member may

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.009 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4691 serve more than 2 full consecutive terms. the ‘Corporation’) for the sole purpose of as- contributions of over 27,700 individuals Members may be reappointed to 2 full con- sisting the Board to carry out the Congres- who have participated in the Congres- secutive terms after being appointed to fill a sional Award Program, and shall delegate to sional Award Program since its incep- vacancy on the Board. the Corporation such duties as it considers tion, and over 1,500 youth from 45 ‘‘(B) Members of the Board shall not be appropriate, including the employment of subject to the limitation on reappointment personnel, expenditure of funds, and the in- States earned certificates or medals at in subparagraph (A) during their period of currence of financial or other contractual one of the six award levels this current service as Chairman of the Board and may be obligations. year. We congratulate them on their reappointed to an additional full term after ‘‘(2) The articles of incorporation of the achievement and thank them for an termination of such Chairmanship. Congressional Award Foundation shall pro- outstanding 2.5 million hours of com- ‘‘(3)(A) Notwithstanding paragraph (1) or vide that— bined volunteer service. (2), the term of each member of the Board ‘‘(A) the members of the Board of Directors shall begin on October 1 of the even num- of the Foundation shall be the members of b 1120 bered year which would otherwise apply with the Board, with up to 24 additional voting In fact, this morning, Members of one-half of the Board positions having terms members appointed by the Board, and the Di- Congress and community leaders will which begin in each even numbered year. rector who shall serve as a nonvoting mem- join together to honor 252 recipients of ‘‘(B) Subparagraph (A) shall apply to ap- ber; and the Congressional Award Gold Medal. ‘‘(B) the extent of the authority of the pointments made to the Board on or after These recipients will represent the best the date of enactment of the Congressional Foundation shall be the same as that of the Award Program Reauthorization Act of Board. of the best of the young people working 2009.’’. ‘‘(3) No director, officer, or employee of to meet their goals. They will be con- (c) REQUIREMENTS REGARDING FINANCIAL any corporation established under this sub- gratulated by NFL star Michael Oher OPERATIONS.—Section 104(c) of the Congres- section may receive compensation, travel ex- and Deputy Secretary of Education An- sional Award Act (2 U.S.C. 804(c)) is amend- penses, or benefits from both the Corpora- thony Miller. We wish these young peo- ed— tion and the Board.’’. ple continued success in their personal, (1) in paragraph (1), in the third sentence, (h) TERMINATION.— professional and educational goals. by striking ‘‘, in any calendar year,’’ and in- (1) IN GENERAL.—Section 108 of the Con- We also thank Congresswoman SHEI- serting ‘‘in any fiscal year’’; and gressional Award Act (2 U.S.C. 808) is amend- (2) by striking paragraph (2) and inserting ed by striking ‘‘October 1, 2009’’ and insert- LA JACKSON LEE and Congressman GUS the following: ing ‘‘October 1, 2013’’. BILIRAKIS, who serve on the Congres- ‘‘(2)(A) The Comptroller General of the (2) EFFECTIVE DATE.—This subsection shall sional Award board of directors. Their United States shall determine for each fiscal take effect as of October 1, 2009. contributions to the program are an year whether the Director has substantially The SPEAKER pro tempore. Pursu- important part of this Congress’ sup- complied with paragraph (1). The findings ant to the rule, the gentleman from port of the outstanding youth who par- made by the Comptroller General under the ticipate in the Congressional Award preceding sentence shall be included in the New Jersey (Mr. PAYNE) and the gen- tlewoman from Washington (Mrs. Program. reports submitted under section 107(b). Mr. Speaker, once again I express my MCMORRIS RODGERS) each will control ‘‘(B) If the Director fails to substantially support for Senate bill 2865 and the re- comply with paragraph (1), the Board shall 20 minutes. instruct the Director to take such actions as The Chair recognizes the gentleman authorization of the Congressional may be necessary to correct such defi- from New Jersey. Award Program. I urge my colleagues ciencies, and shall remove and replace the to join me in support of this bill. GENERAL LEAVE Director if such deficiencies are not prompt- Mr. Speaker, I reserve the balance of ly corrected.’’. Mr. PAYNE. Mr. Speaker, I request 5 my time. (d) FUNDING AND EXPENDITURES.—Section legislative days during which Members Mrs. MCMORRIS RODGERS. Mr. 106(a) of the Congressional Award Act (2 may revise and extend and insert ex- Speaker, I yield myself such time as I U.S.C. 806(a)) is amended by striking para- traneous material on S. 2865 into the may consume. graph (1) and inserting the following: RECORD. Mr. Speaker, I rise in support of S. ‘‘(1) the Board shall carry out its functions The SPEAKER pro tempore. Is there 2865, the Congressional Award Program and make expenditures with— objection to the request of the gen- ‘‘(A) such resources as are available to the Reauthorization Act of 2009. This bill Board from sources other than the Federal tleman from New Jersey? reauthorizes the Congressional Award Government; and There was no objection. Program and the board that admin- ‘‘(B) funds awarded in any grant program Mr. PAYNE. Mr. Speaker, I yield my- isters the program, which is a public- administered by a Federal agency in accord- self such time as I may consume. private partnership created by Con- ance with the law establishing that grant Mr. Speaker, I rise in support of S. gress to promote and recognize excel- program.’’. 2865, which reauthorizes the Congres- lence in America’s youth ages 14 to 23. (e) STATEWIDE CONGRESSIONAL AWARD sional Award Program. The Congres- Applicants excel in service, personal COUNCILS.—Section 106(c) of the Congres- sional Award Act (2 U.S.C. 806(c)) is amended sional Award is a public-private part- development, physical fitness, expedi- by striking paragraph (4) and inserting the nership created by Congress in 1979 tion, and exploration, and receive var- following: that works to recognize the initiative, ious levels of the award, including ‘‘(4) Each Statewide Council established achievement, and service of America’s bronze, silver, and gold certificates and under this section may receive contribu- youth, ages 14 to 23. Participants earn medals. The Congressional Award Pro- tions, and use such contributions for the pur- recognition and bronze, silver, and gold gram also provides scholarships to se- poses of the Program. The Board shall adopt Congressional Award certificates or lect winners for participation in the appropriate financial management methods medals based on their involvement in in order to ensure the proper accounting of People to People Program and the these funds. Each Statewide Council shall four key areas: volunteer service, per- Presidential Classroom, and for select comply with subsections (a), (d), (e), and (h) sonal development, physical fitness, incoming freshmen to Drexel Univer- governing the Board.’’. and exploration. sity. (f) CONTRACTING AND USE OF FUNDS FOR Participants in the Congressional The Congressional Award Program SCHOLARSHIPS.—Section 106 of the Congres- Award Program set and achieve person- was founded in 1979 and has recognized sional Award Act (2 U.S.C. 806) is amended— ally challenging goals based on their outstanding youth since that time. To (1) in subsection (d), by inserting ‘‘to be’’ individual interests, needs, and abili- earn the award, youth are encouraged after ‘‘expenditure is’’; and (2) in subsection (e)(1)(A), by inserting ‘‘or ties. Because these participants set to set their own goals in one of four for scholarships’’ after ‘‘local program’’. their own goals, the program is open areas of volunteer service, personal de- (g) NONPROFIT CORPORATION.—Section 106 and inclusive of youth of all ability velopment, physical fitness, and expe- of the Congressional Award Act (2 U.S.C. 806) levels. dition and exploration. The award rec- is amended by striking subsection (i) and in- S. 2865 provides for the reauthoriza- ognizes youth that complete their serting the following: tion of the Congressional Award Pro- goals in these areas. It encourages ado- ‘‘(i)(1) The Board shall provide for the in- gram until October 2013. It will allow corporation of a nonprofit corporation to be lescents and young adults to set and known as the Congressional Award Founda- the Congressional Awards Foundation achieve their own challenging goals tion (together with any subsidiary nonprofit to confer awards to the many youth and recognizes them for doing such. corporations determined desirable by the who have completed their goals and I urge my colleagues to support S. Board, collectively referred to in this title as service. We recognize the outstanding 2865.

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.008 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4692 CONGRESSIONAL RECORD — HOUSE June 23, 2010 Ms. JACKSON LEE OF Texas. Mr. Speak- SUPPORTING DESIGNATION OF There was no objection. er, I rise in support of S. 2865, an act that YEAR OF THE FATHER Mr. PAYNE. I yield myself such time seeks the reauthorization of the Congressional Mr. PAYNE. Mr. Speaker, I move to as I may consume. Award Program. I also want to thank my col- suspend the rules and agree to the con- Mr. Speaker, I rise today in support league, Senator LIEBERMAN, for introducing current resolution (H. Con. Res. 285) of House Concurrent Resolution 285, this important legislation. recognizing the important role that fa- which honors and celebrates the ob- Today we acknowledge the continued suc- thers play in the lives of their children servance of the centennial anniversary cess of the Congressional Award Program and and families and supporting the goals of Father’s Day this past Sunday, and seek its reauthorization contingent with a few and ideals of designating 2010 as the to recognize the importance of father- amendments. This program enriches Amer- Year of the Father. hood. This resolution highlights the ica’s youth by instilling four principle areas in The Clerk read the title of the con- long history of Father’s Day, first cele- the contestant’s life. The four program areas current resolution. brated on June 19, 1910, to honor the include voluntary community service, personal The text of the concurrent resolution love and commitment that fathers give development, physical fitness, and expedition is as follows: our children and their families. and exploration. Performance of these activi- H. CON. RES. 285 Every year on the third Sunday in ties strengthens the mind, body, and soul of Whereas Father’s Day was founded in 1910 June, families across this Nation stop the youth. By providing service to others and by Mrs. John B. Dodd after attending a to thank fathers for the hard work and the greater community at large, developing Mother’s Day celebration in 1909 and believ- dedication it takes to be a supportive ing that fathers should receive the same rec- personal interests, social or employment skills, and involved parent. The tradition of ognition; Father’s Day began 100 years ago in improving quality of life through physical fit- Whereas Mrs. John B. Dodd, Sonora Smart ness activities, and by undertaking an outdoor, Dodd, founded the day in celebration of her Spokane, Washington. The day was wilderness or venture experience (historical, father, William Smart; first recognized nationally by Presi- cultural or environmental), the participating Whereas William Smart, a Civil War vet- dent Coolidge in 1924, who urged States youth are well rounded. eran, raised six children on his own after the to follow suit. President Nixon signed I have relentlessly sought better education death of his wife; the proclamation in 1972 permanently Whereas Spokane, Washington, recognized observing Father’s Day as the third and jobs for our youth in this great nation, be- and hosted the first celebration of Father’s cause they fuel the future of the country. As Sunday in June. Day on June 19, 1910; Supportive fathers play a significant a member of the board of the Congressional Whereas in 1924, President Calvin Coolidge Award Program I also believe that in order to recognized Father’s Day and urged States to and influential role in their child’s de- truly produce a well rounded society, we follow suit; velopment. Children with loving fa- should be supporting all aspects of life. Edu- Whereas in 1966, President Lyndon B. John- thers generally have healthier self-es- cation is a very important factor in a youth’s son signed a proclamation calling for the teem, better peer relationships, more third Sunday in June to be recognized as Fa- pro-social behavior, and an enjoyment life, and the four program areas of the Con- ther’s Day and requested that flags be flown gressional Award Program also work to shape of learning new skills. A positive envi- that day on all government buildings; ronment at home also helps children the knowledge acquired through that edu- Whereas President Richard Nixon signed a cation to mold successful youths. proclamation in 1972 permanently observing thrive academically and get involved This reauthorization act will strengthen the Father’s Day on the third Sunday in June; in extracurricular activities. program’s leadership amending the appoint- Whereas Father’s Day is celebrated in over By commending the hard work and ments provisions such as to revise require- 50 countries around the world; dedication of fathers during the cen- Whereas there are an estimated 64.3 mil- ments for appointment and reappointment of tennial celebration of Father’s Day, we lion fathers around the Nation today; encourage responsible fatherhood and members of the Congressional Award Board, Whereas it is well documented that chil- especially the limitation of service on the happy, successful, and stronger fami- dren involved with loving fathers are signifi- lies and communities. Board to two consecutive terms. This act ex- cantly more likely to have healthy self-es- I want to thank Representative empts a member from the two-term limit dur- teems, exhibit empathy and prosocial behav- MCMORRIS RODGERS for bringing this ing a period of service as Board Chairman, ior, avoid high risk behaviors, have reduced resolution to the floor and urge my col- permits reappointment of such individual to an antisocial behavior and delinquency in boys, have better peer relationships, and have leagues to pass this resolution. additional full term after termination of such higher occupational mobility relative to par- Mr. Speaker, I reserve the balance of Chairmanship, requires a Board member’s ents; my time. term to begin on October 1 of the even num- Whereas fathers who live with their chil- Mrs. MCMORRIS RODGERS. Mr. bered year, with one-half of the Board posi- dren are more likely to have a close, endur- Speaker, I yield myself such time as I ing relationship with their children than tions having terms which begin in each even may consume. numbered year, and changes from calendar to those who do not; and Whereas the 100th anniversary of Father’s Mr. Speaker, I rise today in strong fiscal year the annual period for which the Di- support of House Concurrent Resolu- rector is required to ensure that the Board’s li- Day will be celebrated in Spokane, Wash- ington, on June 20, 2010: Now, therefore, be it tion 285, recognizing the important role abilities do not exceed its assets. Resolved by the House of Representatives (the that fathers play in the lives of their For the foregoing reasons, I stand with Sen- Senate concurring), That Congress— children and family, and recognizing ator LIEBERMAN in support of this act to reau- (1) recognizes the important role that fa- this year, 2010, as the ‘‘year of the fa- thorize the Congressional Award Program. thers play in the lives of their children and ther.’’ I urge my colleagues to support this bill. families; and (2) supports the goals and ideals of the Unbeknownst to many, Father’s Day Mrs. MCMORRIS RODGERS. I yield Year of the Father. has an especially significant meaning back the balance of my time. to the people of Spokane, Washington. Mr. PAYNE. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from This past Sunday, the city of Spokane back the balance of my time and urge New Jersey (Mr. PAYNE) and the gen- celebrated the 100th anniversary of the the support of Senate bill 2865, the Con- tlewoman from Washington (Mrs. founding of Father’s Day, a national gressional Award Program Reauthor- MCMORRIS RODGERS) each will control tradition that began in 1909 by a local ization Act, to the full body. 20 minutes. Spokane woman, Sonora Smart Dodd. The SPEAKER pro tempore. The The Chair recognizes the gentleman Looking for a way to recognize her fa- question is on the motion offered by from New Jersey. ther and those like him, Sonora Dodd the gentleman from New Jersey (Mr. GENERAL LEAVE publicly recognized her father in 1909, a PAYNE) that the House suspend the Mr. PAYNE. Mr. Speaker, I request 5 Civil War veteran who raised six chil- rules and pass the bill, S. 2865. legislative days during which Members dren on his own after the death of his The question was taken; and (two- may revise and extend and insert ex- wife. From there, the city of Spokane thirds being in the affirmative) the traneous material on House Concurrent established the first celebration of Fa- rules were suspended and the bill was Resolution 285 into the RECORD. ther’s Day at the local YMCA in 1910, passed. The SPEAKER pro tempore. Is there and in the years following the celebra- A motion to reconsider was laid on objection to the request of the gen- tion spread around the Nation. The res- the table. tleman from New Jersey? olution that we are considering today

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.057 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4693 is a way to demonstrate our apprecia- the gentleman from New Jersey (Mr. (2) recognizes the 70th anniversary of the tion to fathers everywhere and to rec- PAYNE) that the House suspend the National Federation of the Blind; and ognize the critical role they play in our rules and agree to the concurrent reso- (3) supports the efforts of the National lives. lution, H. Con. Res. 285. Federation of the Blind and other organiza- tions to promote Braille literacy. Research in the field confirms that The question was taken. children whose fathers play a signifi- The SPEAKER pro tempore. In the The SPEAKER pro tempore. Pursu- cant role in their lives are much more opinion of the Chair, two-thirds being ant to the rule, the gentleman from likely to lead productive and healthy in the affirmative, the ayes have it. New Jersey (Mr. PAYNE) and the gen- lives. Moreover, children with involved Mr. PAYNE. Mr. Speaker, on that I tlewoman from Washington (Mrs. fathers are much more likely to have demand the yeas and nays. MCMORRIS RODGERS) each will control close, enduring relationships. The yeas and nays were ordered. 20 minutes. I would like to congratulate Spokane The SPEAKER pro tempore. Pursu- The Chair recognizes the gentleman on its 100th anniversary and recognize ant to clause 8 of rule XX and the from New Jersey. all the fathers out there like my own Chair’s prior announcement, further GENERAL LEAVE who have and continue to do so much proceedings on this motion will be Mr. PAYNE. Mr. Speaker, I request 5 for their children and families. postponed. legislative days during which Members may revise and extend and insert ex- I urge my colleagues to support this f important resolution. traneous material on House Resolution I yield back the balance of my time. b 1130 1034 into the RECORD. Mr. PAYNE. Mr. Speaker, I urge the SUPPORTING THE IMPORTANCE OF The SPEAKER pro tempore. Is there support of House Concurrent Resolu- BRAILLE IN THE LIVES OF objection to the request of the gen- tion 285. BLIND PEOPLE tleman from New Jersey? As a father of three, grandfather of There was no objection. triplet grandchildren and another— Mr. PAYNE. Mr. Speaker, I move to Mr. PAYNE. I yield myself such time four grandchildren, and one great suspend the rules and agree to the reso- as I may consume. grandchild, I certainly am here to say lution (H. Res. 1034) expressing support Mr. Speaker, I rise today in support that I think that Father’s Day is a for designation of July 2010 as ‘‘Braille of H. Res. 1034, which recognizes the wonderful day. I was very privileged to Literacy Month’’, as amended. importance of braille in the lives of have my children take me to a wonder- The Clerk read the title of the resolu- blind people. We know that education ful brunch, as they do every Father’s tion. is the key to success and that every Day. The text of the resolution is as fol- American deserves an equal oppor- Mr. Speaker, I ask the House to vote lows: tunity to a good education. Literacy, in favor of this resolution. H. RES. 1034 or the ability to read and write, is the Mr. JOHNSON of Georgia. Mr. Speaker, I Whereas since its invention by Louis key to this education. rise today in order to express my support for Braille (1809–1852), the reading and writing Braille has been a recognized reading H. Con. Res. 285, which recognizes the im- code for the blind that bears his name has and writing code for the blind since its portant role that fathers play in the lives of become the accepted method of reading and invention by Louis Braille in 1821. their children and families and supports the writing for the blind the world over; Braille translates to most written lan- Whereas the Braille code is used to rep- guages, and it is even used in con- goals and ideals of designating 2010 as the resent not only the alphabets of most writ- Year of the Father. I would also like to com- verting figures in the areas of math, ten languages, but is also used for mathe- science, and music. Braille code has mend Representative MCMORRIS RODGERS for matical and scientific notation and the re- sponsoring this bill and showing her commit- production of musical scores; improved the lives of blind people by ment to recognizing the crucial role of fathers. Whereas while technology has improved facilitating quick access to informa- I grew up with both of my parents in my life. the lives of blind people by facilitating quick tion and technology resources. It has My father worked for the Department of Jus- access to information, Braille literacy gives even given blind persons the ability to tice for a large portion of his career. He even- blind people the ability to read and to write read and write simultaneously. tually became the Director of Classifications and to do the two interactively; Despite the freedom that comes from Whereas despite its efficiency, versatility, learning braille, fewer than 10 percent and Paroles for the Bureau of Prisons and and universal acceptance by the blind, the was the highest ranking African-American in of the 1.3 million people who are le- rate of Braille literacy in the United States gally blind in the United States are the Bureau at that time. I saw my father work has declined to the point where only 10 per- hard everyday in an effort to provide for his cent of blind children are learning the code; braille readers. According to the Amer- family. His value system transferred to me, Whereas Braille is an important tool in the ican Printing House for the Blind, and I make it a point to influence my children independence, productivity, and success for there are approximately 58,000 legally in the same way my father positively influ- blind people; blind children in the United States, but enced me. I know without a doubt that my fa- Whereas while 70 percent of the blind are only 10 percent of these children are unemployed, 85 percent of those who are em- learning the code. This resolution hon- ther helped me to develop into the man I am ployed know Braille; today. ors, celebrates, and encourages the Whereas the offi- learning of braille, but it also recog- There are numerous studies and statistics cially recognized the importance of Braille that all show fathers are crucial to the devel- by passing the Louis Braille Bicentennial- nizes the need for more education in opment of a child. Children who grow up with Braille Literacy Commemorative Coin Act the teaching of braille so that Amer- the love and care of their fathers are more authorizing the striking of a United States ica’s blind children can learn this im- likely to exhibit strong self-confidence and are silver dollar marking the 200th anniversary portant code. more likely to avoid high-risk behaviors. of the birth of Louis Braille and emphasizing In 2006, Congress recognized the im- In honoring fathers with this resolution, I the connection between learning Braille and portance of braille by passing the Louis true independence and opportunity for the would also like to offer a challenge to all fa- Braille Bicentennial-Braille Literacy blind; and Commemorative Coin Act. This act au- thers to make an effort to develop healthy, lov- Whereas the National Federation of the ing relationships with their children. I challenge Blind, the Nation’s oldest and largest organi- thorizes the striking of a United States fathers not to be in the words of the Tempta- zation of blind people and a leading advocate silver dollar, marking the 200th anni- tions ‘‘rolling stones,’’ but solid rocks on which for Braille literacy in the United States, has versary of the birth of Louis Braille, their families can depend on. launched a national ‘‘Braille Readers are and emphasizes the connection between Mr. Speaker, it is with upmost sincerity that Leaders’’ campaign to promote awareness of the learning of braille and the em- I support this solution and I urge my col- the importance of Braille and to increase the powerment of blind people everywhere. leagues to do the same. It is my hope that this availability of competent Braille instruction A portion of the sale of each coin goes and of Braille reading materials in this coun- towards a braille literacy campaign resolution serves as an inspiration for fathers try: Now, therefore, be it all across this great Nation. Resolved, That the House of Representa- that will help provide more blind youth Mr. PAYNE. I yield back the balance tives— and adults with access to this impor- of my time. (1) supports the importance of Braille and tant code. The SPEAKER pro tempore. The the role that Braille plays in the lives of Mr. Speaker, let us continue to em- question is on the motion offered by blind people; phasize the importance of learning

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.030 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4694 CONGRESSIONAL RECORD — HOUSE June 23, 2010 braille by supporting House Resolution cent in the United States compared to The text of the resolution is as fol- 1034. I urge my colleagues to support 50 percent in the 1960s. lows: this legislation, which celebrates House Resolution 1034, which I was braille and which pays much needed at- proud to introduce and which has co- H. RES. 1373 tention to braille literacy in America. sponsorship among both Republicans Whereas the week beginning May 2, 2010, is I reserve the balance of my time. and Democrats, recognizes the impor- observed as National Physical Education and Sport Week; Mrs. MCMORRIS RODGERS. I yield tance of braille for success and adult Whereas a decline in physical activity has myself such time as I may consume. independence. Studies show that contributed to an unprecedented epidemic of Mr. Speaker, I rise in support of braille literacy leads to higher edu- childhood obesity in the United States, House Resolution 1034, expressing sup- cational levels, better employment, which has more than tripled since 1980; port for the designation of July 2010 as and increased financial independence. Whereas regular physical activity is nec- Braille Literacy Month. While 70 percent of blind adults face essary to support normal and healthy growth The braille language was developed unemployment, 85 percent of those who in children and is essential to their contin- by Louis Braille in 1821. Unbeknownst are employed are able to read and write ued health and well-being; to many, each braille character is com- braille fluently. Whereas, according to the Centers for Dis- ease Control and Prevention, overweight prised of six raised dots that, when put I am pleased to have worked with the in various positions, form 64 possible adolescents have a 70 to 80 percent chance of National Federation of the Blind in de- becoming overweight adults, increasing their combinations, combinations which veloping this resolution that calls at- risk for chronic disease, disability, and allow individuals to communicate in tention to the need for a renewed com- death; most written languages as well as in mitment to braille literacy. The Na- Whereas physical activity reduces the risk mathematics and in musical scores. tional Federation of the Blind, which is of heart disease, high blood pressure, diabe- Literacy involves the ability to ac- the Nation’s largest blind membership tes, and certain types of cancers; quire information, to understand it, organization and is headquartered in Whereas type 2 diabetes can no longer be and to communicate it with others. It my congressional district, helps blind referred to as ‘‘late in life’’ or ‘‘adult onset’’ diabetes because it occurs in children as is the ability to gain access to written persons achieve self-confidence and information, information that is stored young as 10 years old; self-respect, and it acts as a vehicle for Whereas the Physical Activity Guidelines so that it can be referred to again and collective self-expression by the blind for Americans, published by the Department again. The braille code gives the blind community. The NFB has been a cham- of Health and Human Services, recommend the gift of literacy—the ability to com- pion of braille literacy over the years, that children engage in at least 60 minutes of municate through reading and writing. and I would like to congratulate them physical activity on most, and preferably all, Despite the advantages of learning on their efforts. days of the week; and knowing braille, only 10 percent of Mr. Speaker, literacy provides indi- Whereas, according to the Centers for Dis- blind children today are learning the viduals with basic life skills that can ease Control and Prevention, only 17 percent braille code. In 1960, 50 percent of le- of high school students meet that goal of 60 lead to access to higher educational op- minutes of physical activity a day; gally blind school-aged children were portunities and economic success. By able to read braille. The decline in Whereas children spend many of their wak- promoting literacy within all commu- ing hours at school and therefore need to be braille literacy is a cause for concern. nities, we can help our Nation and its active during the school day to meet the rec- According to a 2007 study, there are citizens reach their full potential. I ommendations of the Physical Activity over 57,000 legally blind children in the hope my colleagues will join me in sup- Guidelines for Americans; United States. Just as television and porting this resolution. Whereas, according to the Centers for Dis- computers cannot replace the written Mrs. MCMORRIS RODGERS. Mr. ease Control and Prevention, 1 in 4 children word, technology cannot replace the Speaker, I yield back the balance of in the United States does not attend any benefits of learning the braille code for school physical education classes and fewer my time. than 1 in 4 children in the United States en- thousands of blind children and adults. Mr. PAYNE. Mr. Speaker, I would Supporting the designation of July gage in 20 minutes of vigorous physical ac- ask that the House move in favor of H. tivity each day; 2010 as Braille Literacy Month high- Res. 1034. Whereas teaching children about physical lights the importance of braille lit- With that, I yield back the balance of activity and sports not only ensures that eracy and of the benefits it offers to my time. they are physically active during the school blind children. I urge all of my col- The SPEAKER pro tempore. The day, but also educates them on how to be leagues to support House Resolution question is on the motion offered by physically active and the importance of 1034, expressing support for designating the gentleman from New Jersey (Mr. being physically active; Whereas, according to a 2006 survey by the July 2010 as Braille Literacy Month. PAYNE) that the House suspend the I reserve the balance of my time. Department of Health and Human Services, rules and agree to the resolution, H. 3.8 percent of elementary schools, 7.9 percent Mr. PAYNE. Mr. Speaker, I am Res. 1034, as amended. pleased to yield such time as he may of middle schools, and 2.1 percent of high The question was taken; and (two- schools provide daily physical education consume the sponsor of this resolution, thirds being in the affirmative) the classes or the equivalent for the entire the gentleman from Maryland (Mr. rules were suspended and the resolu- school year, and 22 percent of schools do not SARBANES). tion, as amended, was agreed to. require students to take any physical edu- Mr. SARBANES. I thank the gen- The title of the resolution was cation classes at all; tleman for yielding. amended so as to read: ‘‘Expressing Whereas, according to that survey, 13.7 percent of elementary schools, 15.2 percent of Mr. Speaker, literacy is a funda- support for the importance of Braille in mental building block for individuals middle schools, and 3.0 percent of high the lives of blind people.’’. schools provided physical education at least to thrive in our society and in a con- A motion to reconsider was laid on stantly changing world. Literacy can 3 days per week, or the equivalent thereof, the table. for the entire school year for students in all have an impact on an individual’s abil- f grades in the school; ity to be self-sufficient, and it is essen- Whereas research shows that fit and active tial in overcoming social and economic b 1140 children are more likely to thrive academi- barriers. Low literacy skills, on the cally; other hand, are associated with poor SUPPORTING NATIONAL PHYSICAL Whereas increased time in physical edu- health, lower income levels, and social EDUCATION AND SPORT WEEK cation classes can improve children’s atten- exclusion. Mr. PAYNE. Mr. Speaker, I move to tion and concentration and result in higher Braille is an internationally recog- suspend the rules and agree to the reso- test scores; nized method of reading and writing for lution (H. Res. 1373) expressing support Whereas participation in sports teams and the blind community and is the key to for designation of the week beginning physical activity clubs, which are often orga- nized by schools and run outside the regular literacy. It provides the blind commu- May 2, 2010, as ‘‘National Physical Edu- school day, can improve students’ grade nity with the tools they need to suc- cation and Sport Week’’. point averages, attachment to schools, edu- ceed and to improve their lives. Yet The Clerk read the title of the resolu- cational aspirations, and the likelihood of braille literacy has declined to 10 per- tion. graduating;

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.033 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4695 Whereas participation in sports and other increase in obesity is, in large part, due a group setting that can foster team- physical activities also improves self-esteem to a decrease in regular physical exer- work, competition, and a sense of ac- and body image in children and adults; cise. Fewer than one in five adolescents complishments. Participation of chil- Whereas children and youth who take part now meet the Center for Disease Con- dren in organizing sports has grown in in physical activity and sports programs de- velop improved motor skills, healthy life- trol’s recommended 60 minutes of phys- recent decades. However, the percent- styles, improved social skills, a sense of fair ical activity per day. Many children do age of children participating in daily play, strong teamwork skills, and self-dis- not have the opportunity to participate physical activity has declined. The cipline and avoid risky behaviors; in physical education. Only a fraction Centers for Disease Control and Pre- Whereas the social and environmental fac- of the Nation’s elementary, middle, vention recommends that children en- tors affecting children are in the control of and high schools are provided regular gage in 60 minutes of physical activity the adults and the communities in which physical education classes. on most or all days of the week. How- children live, and therefore the Nation Physical activity reduces the risk of ever, only 17 percent of high school stu- shares a collective responsibility in revers- ing the childhood obesity trend; heart attack, heart disease, high blood dents are meeting this recommenda- Whereas efforts to improve the fitness pressure, diabetes, and certain types of tion. level of children who are not physically fit cancer. Research shows that children National Physical Education and may also result in improvements in aca- who have the opportunity to engage in Sport Week highlights the benefits of demic performance; and physical activity regularly are more physical education and sports in the Whereas the House of Representatives likely to thrive academically and grad- lives of America’s children. High- strongly supports efforts to increase physical uate. In addition to improved academic lighting the importance of such bene- activity and participation of youth in sports: performance, participation in sports fits encourages our children to begin Now, therefore, be it Resolved, That the House of Representa- teams and other physical activities can healthy physical activity and habits tives— improve behavior, increase self-esteem, that continue throughout their lives. I (1) supports the designation of ‘‘National develop social skills, and help kids lead ask my colleagues to support this reso- Physical Education and Sport Week’’; a healthy lifestyle as an adult. We are lution. (2) recognizes the central role of physical responsible for educating our children I reserve the balance of my time. education and sports in creating healthy life- about physical education and for pro- Mr. PAYNE. Mr. Speaker, I am styles for all children and youth; viding opportunities for fitness. Na- pleased to yield such time as he may (3) encourages school districts to imple- tional Physical Education and Sport consume to the sponsor of H. Res. 1373, ment local wellness policies, as described in section 204 of the Child Nutrition and WIC Week reaffirms the importance of the gentleman from Pennsylvania (Mr. Reauthorization Act of 2004 (42 U.S.C. 1751 healthy bodies and healthy minds in ALTMIRE). note), that include ambitious goals for phys- our communities and schools. Mr. ALTMIRE. I thank the gen- ical education, physical activity, and other Mr. Speaker, I once again express my tleman from New Jersey for yielding. activities addressing the childhood obesity support for House Resolution 1373, the Mr. Speaker, I rise in support of my epidemic and promoting child wellness; and National Physical Education and Sport resolution to honor National Physical (4) encourages schools to offer physical Week. I thank Congressman ALTMIRE Education and Sport Week. More than education classes to students and to work for introducing this resolution, and I one-third of America’s elementary with community partners to provide oppor- school children are overweight or tunities and safe spaces for physical activi- urge my colleagues to support this fine ties before and after school and during the resolution. obese, and more than 13 percent of summer months for all children and youth. I reserve the balance of my time. America’s high school children are The SPEAKER pro tempore. Pursu- Mrs. MCMORRIS RODGERS. Mr. overweight or obese. As a result, these ant to the rule, the gentleman from Speaker, I yield myself such time as I children are now developing diseases may consume. New Jersey (Mr. PAYNE) and the gen- and vascular conditions that were once tlewoman from Washington (Mrs. I rise today in support of House Reso- thought to affect only the middle-aged, lution 1373, expressing support for des- MCMORRIS RODGERS) each will control such as type II diabetes, high blood 20 minutes. ignating the week beginning May 2, pressure, and high cholesterol. In addi- The Chair recognizes the gentleman 2010, as National Physical Education tion, research has shown that children from New Jersey. and Sport Week. Today, childhood obe- that participate in physical activity GENERAL LEAVE sity rates are alarmingly high and con- perform better in the classroom. So the Mr. PAYNE. Mr. Speaker, I request 5 tinue to increase. Over 33 percent of Centers for Disease Control and Pre- legislative days during which Members America’s elementary school children vention recommend that children en- may revise and extend and insert ex- are overweight or obese and 13 percent gage in 60 minutes of physical activity traneous material on House Resolution of America’s high school children. 5 or more days per week. However, only 1373 into the RECORD. These increasing rates are associated 35 percent of our Nation’s children reg- The SPEAKER pro tempore. Is there with increased rates of diseases in chil- ularly meet this recommendation. objection to the request of the gen- dren that were only seen in adults This resolution, which I introduced, tleman from New Jersey? until recently. Obese children have acknowledges that physical activity There was no objection. been shown to be at an increased risk and sports play a central role in cre- Mr. PAYNE. Mr. Speaker, I yield my- of coronary heart disease, diabetes, res- ating an opportunity for children to self such time as I may consume. piratory problems, and numerous other build lifelong healthy habits. And it’s Mr. Speaker, I rise today in support debilitating diseases. In addition child- for this reason, Mr. Speaker, that I in- of House Resolution 1373, which recog- hood obesity can significantly increase troduced this resolution, and I encour- nizes the critical importance of phys- the risk that a child will be obese in age all of my colleagues to support it. ical education and physical activity for adulthood. Mrs. MCMORRIS RODGERS. Mr. all of our Nation’s children and youth Physical activity is key to pre- Speaker, I yield back the balance of by celebrating National Physical Edu- venting these kinds of illnesses in both my time. cation and Sport Week. Participation children and adults. Regular physical Mr. PAYNE. Mr. Speaker, I yield 1 in physical education and sports pro- activity substantially reduces the risk minute to the gentleman from Mary- grams not only helps children stay of coronary heart disease, strokes, land (Mr. SARBANES). physically fit, but contributes to a colon cancer, diabetes, and high blood Mr. SARBANES. I thank the gen- range of academic, social, and personal pressure. It’s important to treat and tleman for yielding. gains. With the observance of this address obesity and begin and sustain I just wanted to commend my col- week, coaches, educators, and parents the weight loss process. Physical activ- league, Congressman ALTMIRE, for in- around the country will promote great- ity need not be strenuous to be bene- troducing this resolution to designate er youth participation in physical edu- ficial, but America’s youth are partici- the week beginning May 2 as National cation and help tackle the growing pating at an ever decreasing rate. Physical Education and Sport Week. problem of childhood obesity. Physical education and sports en- Today, the President is going to be Since 1980, the childhood obesity rate courage children to participate in launching at Bell Multicultural High in America has more than tripled. The physical activity on a regular basis in School in Columbia Heights, here in

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.037 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4696 CONGRESSIONAL RECORD — HOUSE June 23, 2010 the District of Columbia, the Presi- REQUIRING CERTIFICATION FOR Lamborn Murphy, Tim Scott (GA) Lance Myrick Scott (VA) dent’s Council on Fitness, Sport, and SMALL BUSINESS LENDING FUND Langevin Nadler (NY) Sensenbrenner Nutrition, which expands on the Presi- The SPEAKER pro tempore. The un- Larsen (WA) Napolitano Serrano dent’s Council on Physical Fitness and finished business is the vote on the mo- Larson (CT) Neal (MA) Sessions Sports, which has been in place since Latham Neugebauer Sestak tion to suspend the rules and pass the LaTourette Nunes Shadegg the Kennedy administration, the Eisen- bill (H.R. 5551) to require the Secretary Latta Nye Shea-Porter hower administration. It brings the of the Treasury to make a certification Lee (CA) Oberstar Sherman Lee (NY) Obey Shimkus kind of focus to physical fitness and when making purchases under the sports and nutrition that Congressman Levin Olson Shuler Small Business Lending Fund Pro- Lewis (CA) Olver Shuster ALTMIRE has signaled with this resolu- gram, as amended, on which the yeas Lewis (GA) Ortiz Simpson tion. and nays were ordered. Linder Owens Sires Again, I commend him for bringing Lipinski Pallone Skelton The Clerk read the title of the bill. LoBiondo Pascrell Slaughter that attention to this issue, and I urge The SPEAKER pro tempore. The Loebsack Pastor (AZ) Smith (NE) support of this resolution. Lofgren, Zoe Paul Smith (NJ) question is on the motion offered by Mr. PAYNE. Mr. Speaker, I have no Lowey Paulsen Smith (TX) the gentlewoman from Florida (Ms. further requests for time but would Lucas Payne Smith (WA) KOSMAS) that the House suspend the Luetkemeyer Pence Snyder like to urge that House Resolution 1373 ´ rules and pass the bill, as amended. Lujan Perlmutter Space be passed. We also in my district on Lummis Perriello Speier The vote was taken by electronic de- Saturday will be having a community Lungren, Daniel Peters Spratt vice, and there were—yeas 411, nays 0, E. Peterson Stark meeting dealing with obesity, in line not voting 21, as follows: Lynch Petri Stearns with the President and First Lady Mack Pingree (ME) Stupak Obama’s initiative to battle obesity. [Roll No. 379] Maffei Pitts Sullivan YEAS—411 Maloney Poe (TX) Sutton We’ve been doing this now for the past Manzullo Polis (CO) Tanner decade. It’s in epidemic proportions in Ackerman Chandler Gerlach Marchant Pomeroy Taylor some districts. So we do urge the peo- Aderholt Childers Giffords Markey (CO) Posey Teague Adler (NJ) Chu Gingrey (GA) ple to come out to Metropolitan Markey (MA) Price (NC) Terry Akin Clarke Gohmert Marshall Quigley Thompson (CA) Church on Saturday to participate. But Alexander Clay Gonzalez Matsui Radanovich Thompson (MS) we believe that this is very important. Altmire Cleaver Goodlatte McCarthy (CA) Rahall Thompson (PA) The health of our Nation is at stake. Andrews Clyburn Gordon (TN) McCarthy (NY) Rangel Thornberry Arcuri Coble Granger McCaul Rehberg Tiahrt And so I certainly urge support of the Austria Coffman (CO) Graves (GA) McClintock Reichert Tiberi National Physical Education and Sport Baca Cohen Graves (MO) McCollum Reyes Tierney Week, House Resolution 1373, and urge Bachmann Cole Grayson McCotter Richardson Titus Bachus Conaway Green, Al passage. McDermott Rodriguez Tonko Baird Connolly (VA) Green, Gene McGovern Roe (TN) Towns Mr. Speaker, I yield back the balance Baldwin Conyers Grijalva McHenry Rogers (AL) Tsongas of my time. Barrow Cooper Guthrie McIntyre Rogers (KY) Turner The SPEAKER pro tempore. The Bartlett Costa Gutierrez McKeon Rogers (MI) Upton Barton (TX) Costello Hall (NY) McMahon Rohrabacher Van Hollen question is on the motion offered by Bean Courtney Hall (TX) McMorris Rooney Vela´ zquez the gentleman from New Jersey (Mr. Becerra Crenshaw Halvorson Rodgers Ros-Lehtinen Visclosky PAYNE) that the House suspend the Berkley Critz Hare McNerney Ross Walden Berman Crowley Harman rules and agree to the resolution, H. Meek (FL) Rothman (NJ) Walz Berry Cuellar Harper Melancon Roybal-Allard Wasserman Res. 1373. Biggert Culberson Hastings (FL) Mica Royce Schultz The question was taken. Bilbray Cummings Hastings (WA) Michaud Ruppersberger Waters The SPEAKER pro tempore. In the Bilirakis Dahlkemper Heinrich Miller (FL) Ryan (OH) Watson Bishop (GA) Davis (CA) Heller Miller (MI) Ryan (WI) Watt opinion of the Chair, two-thirds being Bishop (NY) Davis (IL) Hensarling Miller (NC) Salazar Waxman in the affirmative, the ayes have it. Bishop (UT) Davis (KY) Herger Miller, Gary Sa´ nchez, Linda Weiner Mr. PAYNE. Mr. Speaker, I object to Blackburn Davis (TN) Herseth Sandlin Miller, George T. Welch Blumenauer DeFazio Higgins the vote on the ground that a quorum Minnick Sanchez, Loretta Westmoreland Blunt DeGette Himes Mitchell Sarbanes Whitfield is not present and make the point of Boccieri Delahunt Hinchey Mollohan Scalise Wilson (OH) order that a quorum is not present. Boehner DeLauro Hinojosa Moore (KS) Schakowsky Wilson (SC) The SPEAKER pro tempore. Pursu- Bonner Dent Hirono Moore (WI) Schauer Wittman Bono Mack Deutch Holden Moran (KS) Schiff Wolf ant to clause 8 of rule XX and the Boozman Diaz-Balart, L. Holt Moran (VA) Schmidt Woolsey Chair’s prior announcement, further Boren Diaz-Balart, M. Honda Murphy (CT) Schock Wu proceedings on this motion will be Boswell Dicks Hoyer Murphy (NY) Schrader Yarmuth Boucher Dingell Hunter Murphy, Patrick Schwartz Young (AK) postponed. Boustany Djou Inslee The point of no quorum is considered Boyd Doggett Israel NOT VOTING—21 withdrawn. Brady (PA) Donnelly (IN) Issa Barrett (SC) Hill Platts Brady (TX) Doyle Jackson (IL) Brown (SC) Hodes Price (GA) Braley (IA) Dreier Jackson Lee f Buyer Hoekstra Putnam Bright Driehaus (TX) Davis (AL) Inglis Roskam Broun (GA) Duncan Jenkins Fallin Kirk Rush Brown, Corrine Edwards (MD) Johnson (GA) ANNOUNCEMENT BY THE SPEAKER Garamendi Matheson Wamp Brown-Waite, Edwards (TX) Johnson (IL) Griffith Meeks (NY) Young (FL) PRO TEMPORE Ginny Ehlers Johnson, E. B. Buchanan Ellison Johnson, Sam b 1217 The SPEAKER pro tempore. Pursu- Burgess Ellsworth Jones ant to clause 8 of rule XX, proceedings Burton (IN) Emerson Jordan (OH) Mr. CLEAVER changed his vote from will resume on motions to suspend the Butterfield Engel Kagen ‘‘nay’’ to ‘‘yea.’’ Calvert Eshoo Kanjorski rules previously postponed. Camp Etheridge Kaptur So (two-thirds being in the affirma- Votes will be taken in the following Campbell Farr Kennedy tive) the rules were suspended and the order: Cantor Fattah Kildee bill, as amended, was passed. H.R. 5551, by the yeas and nays; Cao Filner Kilpatrick (MI) The result of the vote was announced Capito Flake Kilroy House Resolution 1434, by the yeas Capps Fleming Kind as above recorded. and nays; Capuano Forbes King (IA) A motion to reconsider was laid on House Resolution 1369, de novo. Cardoza Fortenberry King (NY) the table. Carnahan Foster Kingston Remaining postponed proceedings Carney Foxx Kirkpatrick (AZ) f will resume later. Carson (IN) Frank (MA) Kissell The first electronic vote will be con- Carter Franks (AZ) Klein (FL) RECOGNIZING NATIONAL ducted as a 15-minute vote. Remaining Cassidy Frelinghuysen Kline (MN) HOMEOWNERSHIP MONTH Castle Fudge Kosmas electronic votes will be conducted as 5- Castor (FL) Gallegly Kratovil The SPEAKER pro tempore (Ms. minute votes. Chaffetz Garrett (NJ) Kucinich MCCOLLUM). The unfinished business is

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.038 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4697 the vote on the motion to suspend the Loebsack Ortiz Shadegg RECOGNIZING NATIONAL CARIB- rules and agree to the resolution (H. Lofgren, Zoe Owens Shea-Porter BEAN-AMERICAN HERITAGE Lowey Pallone Sherman Res. 1434) recognizing National Home- Lucas Pascrell Shimkus MONTH ownership Month and the importance Luetkemeyer Pastor (AZ) Shuler The SPEAKER pro tempore. The un- of homeownership in the United States, Luja´ n Paulsen Shuster Lummis Payne finished business is the question on on which the yeas and nays were or- Simpson Lungren, Daniel Pence Sires suspending the rules and agreeing to dered. E. Perlmutter Skelton the resolution (H. Res. 1369) recog- Lynch Perriello The Clerk read the title of the resolu- Slaughter nizing the significance of National Car- tion. Mack Peters Smith (NE) Maffei Peterson Smith (NJ) ibbean-American Heritage Month. The SPEAKER pro tempore. The Maloney Petri Smith (TX) The Clerk read the title of the resolu- question is on the motion offered by Manzullo Pingree (ME) Smith (WA) tion. Marchant Pitts Snyder the gentlewoman from Florida (Ms. Markey (CO) Poe (TX) The SPEAKER pro tempore. The KOSMAS) that the House suspend the Space Markey (MA) Polis (CO) Speier question is on the motion offered by rules and agree to the resolution. Marshall Pomeroy Spratt the gentleman from (Mr. This will be a 5-minute vote. Matsui Posey Stark McCarthy (NY) Price (GA) DAVIS) that the House suspend the The vote was taken by electronic de- Stearns McCaul Price (NC) Stupak rules and agree to the resolution. McCollum Quigley vice, and there were—yeas 405, nays 6, Sullivan The question was taken. McCotter Radanovich not voting 21, as follows: Sutton McDermott Rahall The SPEAKER pro tempore. In the Tanner [Roll No. 380] McGovern Rangel opinion of the Chair, two-thirds being Taylor McHenry Rehberg YEAS—405 Teague in the affirmative, the ayes have it. McIntyre Reichert Terry Ms. MATSUI. Madam Speaker, on Ackerman Coble Green, Gene McKeon Reyes Thompson (CA) Aderholt Coffman (CO) Grijalva McMahon Richardson that I demand the yeas and nays. Thompson (MS) Adler (NJ) Cohen Guthrie McMorris Rodriguez The yeas and nays were ordered. Thompson (PA) Akin Cole Gutierrez Rodgers Roe (TN) Thornberry The SPEAKER pro tempore. This is a Alexander Conaway Hall (NY) McNerney Rogers (AL) Altmire Connolly (VA) Hall (TX) Meek (FL) Rogers (KY) Tiahrt 5-minute vote. Andrews Conyers Halvorson Meeks (NY) Rogers (MI) Tiberi The vote was taken by electronic de- Arcuri Cooper Hare Melancon Rohrabacher Tierney vice, and there were—yeas 410, nays 0, Austria Costa Harman Titus Mica Rooney not voting 22, as follows: Baca Costello Harper Michaud Ros-Lehtinen Tonko Bachmann Courtney Hastings (FL) Miller (FL) Roskam Towns [Roll No. 381] Bachus Crenshaw Hastings (WA) Tsongas Miller (MI) Ross YEAS—410 Baldwin Critz Heinrich Miller (NC) Rothman (NJ) Turner Barrow Crowley Heller Miller, Gary Roybal-Allard Upton Ackerman Cardoza Engel Bartlett Cuellar Hensarling Miller, George Royce Van Hollen Aderholt Carnahan Eshoo Barton (TX) Culberson Herger Minnick Ruppersberger Vela´ zquez Adler (NJ) Carney Etheridge Bean Cummings Herseth Sandlin Mitchell Rush Visclosky Akin Carson (IN) Farr Becerra Dahlkemper Higgins Mollohan Ryan (OH) Walden Alexander Carter Fattah Berkley Davis (CA) Himes Moore (KS) Ryan (WI) Walz Altmire Cassidy Filner Berman Davis (IL) Hinchey Moore (WI) Salazar Wasserman Andrews Castle Flake Berry Davis (KY) Hinojosa Moran (KS) Sa´ nchez, Linda Schultz Arcuri Castor (FL) Fleming Biggert Davis (TN) Hirono Moran (VA) T. Waters Austria Chaffetz Forbes Bilbray DeFazio Holden Murphy (CT) Sanchez, Loretta Watson Baca Chandler Fortenberry Bilirakis DeGette Holt Murphy (NY) Sarbanes Watt Bachmann Childers Foster Bishop (GA) Delahunt Honda Murphy, Patrick Scalise Waxman Bachus Chu Foxx Bishop (NY) DeLauro Hoyer Murphy, Tim Schakowsky Weiner Baldwin Clarke Frank (MA) Bishop (UT) Dent Hunter Myrick Schauer Welch Barrow Clay Franks (AZ) Blackburn Deutch Inslee Nadler (NY) Schmidt Westmoreland Bartlett Cleaver Frelinghuysen Blumenauer Diaz-Balart, L. Israel Napolitano Schock Whitfield Barton (TX) Clyburn Fudge Blunt Diaz-Balart, M. Issa Neal (MA) Schrader Wilson (OH) Bean Coble Gallegly Boccieri Dicks Jackson (IL) Neugebauer Schwartz Wilson (SC) Becerra Coffman (CO) Garamendi Boehner Dingell Jackson Lee Nunes Scott (GA) Wittman Berkley Cohen Garrett (NJ) Bonner Djou (TX) Nye Scott (VA) Wolf Berman Cole Gerlach Bono Mack Doggett Jenkins Oberstar Sensenbrenner Woolsey Berry Conaway Giffords Boozman Donnelly (IN) Johnson (IL) Obey Serrano Wu Biggert Connolly (VA) Gingrey (GA) Boren Doyle Johnson, E. B. Olson Sessions Yarmuth Bilbray Conyers Gohmert Boswell Dreier Johnson, Sam Olver Sestak Young (AK) Bilirakis Cooper Gonzalez Boucher Driehaus Jones Bishop (GA) Costa Goodlatte Boustany Duncan Jordan (OH) NAYS—6 Bishop (NY) Costello Gordon (TN) Boyd Edwards (MD) Kagen Bishop (UT) Courtney Granger Brady (PA) Edwards (TX) Kanjorski Broun (GA) Flake Paul Blackburn Crenshaw Graves (GA) Brady (TX) Ehlers Kaptur Brown-Waite, Graves (GA) Blumenauer Critz Graves (MO) Braley (IA) Ellison Kennedy Ginny McClintock Blunt Crowley Grayson Bright Ellsworth Kildee Boccieri Cuellar Green, Al Brown, Corrine Emerson Kilpatrick (MI) NOT VOTING—21 Boehner Culberson Green, Gene Buchanan Engel Kilroy Bonner Cummings Grijalva Baird Griffith Matheson Burgess Eshoo Kind Bono Mack Dahlkemper Guthrie Barrett (SC) Hill McCarthy (CA) Burton (IN) Etheridge King (IA) Boozman Davis (CA) Gutierrez Brown (SC) Hodes Platts Butterfield Farr King (NY) Boren Davis (IL) Hall (NY) Buyer Hoekstra Putnam Calvert Fattah Kingston Boswell Davis (KY) Hall (TX) Davis (AL) Inglis Schiff Camp Filner Kirkpatrick (AZ) Boucher Davis (TN) Halvorson Fallin Johnson (GA) Wamp Campbell Fleming Kissell Boustany DeFazio Hare Garamendi Kirk Young (FL) Cantor Forbes Klein (FL) Boyd DeGette Harman Cao Fortenberry Kline (MN) Brady (PA) Delahunt Harper Capito Foster Kosmas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (TX) DeLauro Hastings (FL) Capps Foxx Kratovil Braley (IA) Dent Hastings (WA) Capuano Frank (MA) Kucinich The SPEAKER pro tempore (during Bright Deutch Heinrich Cardoza Franks (AZ) Lamborn the vote). There are 2 minutes remain- Broun (GA) Diaz-Balart, L. Heller Carnahan Frelinghuysen Lance ing in this vote. Brown, Corrine Diaz-Balart, M. Hensarling Carney Fudge Langevin Brown-Waite, Dingell Herger Carson (IN) Gallegly Larsen (WA) Ginny Djou Herseth Sandlin Carter Garrett (NJ) Larson (CT) b 1227 Buchanan Doggett Higgins Cassidy Gerlach Latham Burgess Donnelly (IN) Hill Castle Giffords LaTourette So (two-thirds being in the affirma- Burton (IN) Doyle Himes Castor (FL) Gingrey (GA) Latta Butterfield Dreier Hinchey Chaffetz Gohmert Lee (CA) tive) the rules were suspended and the Calvert Driehaus Hinojosa Chandler Gonzalez Lee (NY) resolution was agreed to. Camp Duncan Hirono Childers Goodlatte Levin Campbell Edwards (MD) Holden Chu Gordon (TN) Lewis (CA) The result of the vote was announced Cantor Edwards (TX) Holt Clarke Granger Lewis (GA) as above recorded. Cao Ehlers Honda Clay Graves (MO) Linder Capito Ellison Hoyer Cleaver Grayson Lipinski A motion to reconsider was laid on Capps Ellsworth Hunter Clyburn Green, Al LoBiondo the table. Capuano Emerson Inslee

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.041 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4698 CONGRESSIONAL RECORD — HOUSE June 23, 2010 Israel Meek (FL) Sa´ nchez, Linda b 1234 tomer-carrier relationship with a provider of Issa Meeks (NY) T. wireless telecommunications service or wire- Jackson (IL) Melancon Sanchez, Loretta So (two-thirds being in the affirma- less hybrid service, or that provides access to Jackson Lee Mica Sarbanes tive) the rules were suspended and the a wireless telecommunications service or (TX) Michaud Scalise resolution was agreed to. wireless hybrid service account wherein the Jenkins Schakowsky Miller (FL) The result of the vote was announced purchaser has a pre-existing relationship Johnson (GA) Miller (MI) Schauer with the wireless service provider; or Johnson (IL) Miller (NC) Schmidt as above recorded. Johnson, E. B. Miller, Gary Schock A motion to reconsider was laid on (C) payphone service, as that term is de- Johnson, Sam Miller, George Schrader the table. fined in section 276(d) of the Communica- Jones Minnick Schwartz tions Act of 1934 (47 U.S.C. 276(d)). Jordan (OH) Mitchell Scott (GA) f (3) The term ‘‘prepaid calling card pro- Kagen Mollohan Scott (VA) PERSONAL EXPLANATION vider’’ has the meaning given the term ‘‘pre- Kanjorski Moore (KS) Sensenbrenner paid calling card provider’’ by section Kaptur Moore (WI) Serrano Mr. SCHIFF. Madam Speaker, on rollcall 64.5000(b) of the Federal Communications Kennedy Moran (KS) Sessions Nos. 380 and 381, had I been present, I would Commission’s regulations (47 C.F.R. Kildee Sestak Moran (VA) have voted ‘‘yea.’’ 64.5000(b)). Such term shall also include— Kilpatrick (MI) Murphy (CT) Shadegg (A) a provider of a prepaid calling card Kilroy Murphy (NY) Shea-Porter f Kind Sherman that uses VoIP service or a successor pro- Murphy, Patrick PERSONAL EXPLANATION tocol; and King (IA) Murphy, Tim Shimkus King (NY) Shuler (B) a provider of a prepaid calling card that Myrick Mr. PUTNAM. Madam Speaker, on Tues- allows users to pay in advance for a specified Kingston Nadler (NY) Shuster day, June 22, 2010, and Wednesday, June amount of minutes through an electronic or Kirkpatrick (AZ) Napolitano Simpson Kissell Neal (MA) Sires 23, 2010, I was not present for six recorded other mechanism. Klein (FL) Neugebauer Skelton votes. Had I been present, I would have voted (4) The term ‘‘prepaid calling card dis- Kline (MN) Nunes Slaughter the following way: Roll No. 376—‘‘yea’’; roll tributor’’ means any entity or person that Kosmas Nye Smith (NE) purchases prepaid calling cards from a pre- Kratovil Smith (NJ) No. 377—‘‘yea’’; roll No. 378—‘‘yea’’; roll No. Oberstar paid calling card provider or another prepaid Kucinich Smith (TX) 379—‘‘yea’’; roll No. 380—‘‘yea’’; roll No. Obey calling card distributor and sells, re-sells, Lamborn Smith (WA) Ortiz 381—‘‘yea.’’ issues, or distributes such cards to one or Lance Snyder Owens f more distributors of such cards or to one or Langevin Space Pallone Larsen (WA) Speier more retail sellers of such cards. Such term Pascrell ANNOUNCEMENT BY THE SPEAKER Larson (CT) Spratt shall not include— Pastor (AZ) PRO TEMPORE Latham Stark (A) any retail seller whose only activity Paul LaTourette Stearns The SPEAKER pro tempore. Pursu- with respect to the sale of prepaid calling Paulsen Latta Stupak cards is point-of-sale transactions with end- Payne ant to clause 8 of rule XX, the Chair Lee (CA) Sullivan user customers; or Pence will postpone further proceedings Lee (NY) Sutton (B) any person whose only activity with re- Perlmutter Levin Tanner today on motions to suspend the rules Perriello spect to the sale of prepaid calling cards is Lewis (CA) Taylor on which a recorded vote or the yeas the transport or delivery of such cards. Lewis (GA) Peters Teague Peterson and nays are ordered, or on which the (5) The term ‘‘wireless hybrid service’’ is Linder Terry vote incurs objection under clause 6 of defined as a service that integrates both Lipinski Petri Thompson (CA) commercial mobile radio service (as defined LoBiondo Pingree (ME) Thompson (MS) rule XX. Loebsack Pitts Thompson (PA) Record votes on postponed questions by section 20.3 of the Federal Communica- Lofgren, Zoe Poe (TX) Thornberry will be taken later. tions Commission’s regulations (47 C.F.R. Lowey Polis (CO) Tiberi 20.3)) and VoIP service. Lucas Pomeroy Tierney f (6) The term ‘‘VoIP service’’ has the mean- Luetkemeyer Posey Titus CALLING CARD CONSUMER ing given the term ‘‘interconnected Voice ´ Price (GA) Lujan Tonko PROTECTION ACT over Internet protocol service’’ by section 9.3 Lummis Price (NC) Towns of the Federal Communications Commis- Lungren, Daniel Quigley Tsongas Ms. MATSUI. Madam Speaker, I sion’s regulations (47 C.F.R. 9.3). Such term Radanovich E. Turner shall include any voice calling service that Rahall move to suspend the rules and pass the Lynch Upton utilizes a voice over Internet protocol or any Mack Rangel Van Hollen bill (H.R. 3993) to require accurate and successor protocol in the transmission of the Maffei Rehberg Vela´ zquez reasonable disclosure of the terms and call. Maloney Reichert Visclosky conditions of prepaid telephone calling (7) The term ‘‘fees’’ includes all charges, Manzullo Reyes Walden cards and services, as amended. Marchant Richardson Walz fees, taxes, or surcharges applicable to a pre- Markey (CO) Rodriguez Wasserman The Clerk read the title of the bill. paid calling card that are— Markey (MA) Roe (TN) Schultz The text of the bill is as follows: (A) required by Federal law or regulation Marshall Rogers (AL) Waters H.R. 3993 or order of the Federal Communications Matsui Rogers (KY) Watson Commission or by the laws and regulations McCarthy (NY) Rogers (MI) Watt Be it enacted by the Senate and House of Rep- resentatives of the United States of America in of any State or political subdivision of a McCaul Rohrabacher Waxman State; or McClintock Rooney Weiner Congress assembled, (B) expressly permitted to be assessed McCollum Ros-Lehtinen Welch SECTION 1. SHORT TITLE. McCotter Roskam Westmoreland under Federal law or regulation or order of This Act may be cited as the ‘‘Calling Card the Federal Communications Commission or McDermott Ross Whitfield Consumer Protection Act’’. McGovern Rothman (NJ) Wilson (OH) under the laws and regulations of any State McHenry Roybal-Allard Wilson (SC) SEC. 2. DEFINITIONS. or political subdivision of a State. McIntyre Royce Wittman For purposes of this Act, the following (8) The term ‘‘additional charge’’ means McKeon Ruppersberger Wolf definitions apply: any charge assessed by a prepaid calling card McMahon Rush Woolsey (1) The term ‘‘Commission’’ means the provider or prepaid calling card distributor McMorris Ryan (OH) Wu Federal Trade Commission. for the use of a prepaid calling card, other Rodgers Ryan (WI) Yarmuth (2) The term ‘‘prepaid calling card’’ has the than a fee or rate. McNerney Salazar Young (AK) meaning given the term ‘‘prepaid calling (9) The term ‘‘international preferred des- card’’ by section 64.5000(a) of the Federal NOT VOTING—22 tination’’ means one or more specific inter- Communications Commission’s regulations national destinations named on a prepaid Baird Hodes Platts (47 C.F.R. 64.5000(a)). Such term shall also in- calling card or on the packaging material ac- Barrett (SC) Hoekstra Putnam clude calling cards that use VoIP service or companying a prepaid calling card. Brown (SC) Inglis Schiff a successor protocol. Such term shall also in- SEC. 3. REQUIRED DISCLOSURES OF PREPAID Buyer Kirk Tiahrt clude an electronic or other mechanism that CALLING CARDS. Davis (AL) Matheson Wamp allows users to pay in advance for a specified (a) REQUIRED DISCLOSURE.—Any prepaid Dicks McCarthy (CA) Young (FL) Fallin Olson amount of calling. Such term shall not in- calling card provider or prepaid calling card Griffith Olver clude— distributor shall accurately disclose the fol- (A) calling cards or other rights of use that lowing information relating to the terms and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE are provided for free or at no additional cost conditions of the prepaid calling card: as a promotional item accompanying a prod- (1) The name of the prepaid calling card The SPEAKER pro tempore (during uct or service purchased by a consumer; provider and such provider’s customer serv- the vote). Members are reminded there (B) any card, device, or other right of use, ice telephone number and hours of service, are 2 minutes remaining. the purchase of which establishes a cus- except that the hours of service may not be

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required to be disclosed if the provider’s cus- (3) DIFFERENT LOCATION OF CERTAIN INFOR- with regard to matters for which that Com- tomer service is provided and available 24 MATION AS DETERMINED BY COMMISSION.—Not- mission has particular expertise and author- hours a day, 7 days per week. withstanding the requirements of paragraph ity and shall take into consideration the (2)(A) The number of domestic interstate (1), the Commission may determine that views of States. minutes available from the prepaid calling some of the information required to be dis- In promulgating such regulations, the Com- card and the number of available minutes for closed pursuant to subsection (a) does not mission may prescribe requirements con- all international preferred destinations need to be disclosed on the prepaid calling cerning the order, format, presentation, and served by the prepaid calling card at the card, advertising, or other promotional ma- design of disclosures required by this Act time of purchase; or terial, if the Commission by regulation— and may establish and require the use of uni- (B) the dollar value of the prepaid calling (A) requires the information to be other- form terms, symbols, or categories to de- card, the domestic interstate rate per wise disclosed and available to consumers; scribe or disclose fees and additional minute provided by such card, and the appli- and charges, if the Commission finds that such cable per minute rates for all international (B) determines that— requirements will assist consumers in mak- preferred destinations served by the prepaid (i) such disclosures provide for easy com- ing purchasing decisions and effectuate the calling card at the time of purchase. prehension and comparison by consumers; purposes of this Act. The Commission shall (3)(A) The applicable per minute rate for and not issue regulations that otherwise specify all individual international destinations (ii) the remaining disclosures on the pre- the rates, terms, and conditions of prepaid served by the card at the time of purchase; paid calling card, advertising, or other pro- calling cards. or motional material, include sufficient infor- (d) SAVINGS PROVISION.—Nothing in this (B) a toll-free customer service number mation to allow a consumer to effectively in- Act shall be construed to limit the authority and website (if the provider maintains a quire about or seek clarification of the serv- of the Commission under any other provision website) where a consumer may obtain the ices provided by the calling card. of law. Except to the extent expressly pro- information described in subparagraph (A) (c) MINUTES ANNOUNCED, PROMOTED, OR AD- vided in this Act, nothing in this Act shall and a statement that such information may VERTISED THROUGH VOICE PROMPTS.—Any in- be construed to alter or affect the exemption be obtained through such toll-free customer formation provided to a consumer by any for common carriers provided by section service number and website. voice prompt given to the consumer at the 5(a)(2) of the Federal Trade Commission Act (4) The following terms and conditions per- time the consumer uses the prepaid calling (15 U.S.C. 45(a)(2)). Nothing in this Act is in- taining to, or associated with, the use of the card relating to the remaining value of the tended to limit the authority of the Federal prepaid calling card: calling card or the number of minutes avail- Communications Commission. able from the calling card shall be accurate, (A) Any applicable fees associated with the (e) COORDINATION.—If the Federal Commu- use of the prepaid calling card. taking into account the application of the nications Commission initiates a rulemaking (B) A description of any additional charges fees and additional charges required to be proceeding to establish requirements relat- disclosed under subsection (a). associated with the use of the prepaid calling ing to the disclosure of terms and conditions (d) DISCLOSURES REQUIRED UPON PURCHASE card and the amount of such charges. of prepaid calling cards, the Federal Commu- OF ADDITIONAL MINUTES.—If a prepaid calling (C) Any limitation on the use or period of card permits a consumer to add value to the nications Commission shall coordinate with time for which the promoted or advertised card or purchase additional minutes after the Federal Trade Commission to ensure minutes or rates will be available. the original purchase of the prepaid calling that any such requirements are not incon- (D) A description of the applicable policies card, any changes to the rates or additional sistent with the requirements of this Act and relating to refund, recharge, and any pre- charges required to be disclosed under sub- the regulations issued under subsection (c). determined decrease in value of such card section (a) shall apply only to the additional SEC. 5. STATE ENFORCEMENT. over a period of time. minutes to be purchased and shall be dis- (a) IN GENERAL.— (E) Any expiration date applicable to the closed clearly and conspicuously to the con- (1) CIVIL ACTIONS.—In any case in which the prepaid calling card or the minutes available sumer before the completion of such pur- attorney general of a State, a State utility with such calling card. chase. commission, or other consumer protection (b) LOCATION OF DISCLOSURE AND LANGUAGE (e) NO FALSE, MISLEADING, OR DECEPTIVE agency has reason to believe that an interest REQUIREMENT.— DISCLOSURES.—No prepaid calling card, pack- of the residents of that State has been or is (1) CLEAR AND CONSPICUOUS.— aging, advertisement, or other promotional threatened or adversely affected by the en- (A) CARDS.—The disclosures required under material containing a disclosure required gagement of any person in a practice that is subsection (a) shall be printed in plain pursuant to this section shall contain any prohibited under this Act, the State utility English language (except as provided in false, misleading, or deceptive representa- commission or other consumer protection paragraph (2)) in a clear and conspicuous tions relating to the terms and conditions of agency, if authorized by State law, or the manner and location on the prepaid calling the prepaid calling card. State, as parens patriae, may bring a civil card, except as the Commission may provide SEC. 4. FEDERAL TRADE COMMISSION AUTHOR- action on behalf of the residents of that under paragraph (3). If the card is enclosed in ITY. State in an appropriate district court of the packaging that obscures the disclosures on (a) UNFAIR AND DECEPTIVE ACT OR PRAC- United States or any other court of com- the card, such disclosures also shall be print- TICE.—A violation of section 3 shall be treat- petent jurisdiction to— ed on the outside packaging of the card. ed as a violation of a rule defining an unfair (A) enjoin that practice; or deceptive act or practice prescribed under (B) ONLINE SERVICES.—In addition to the (B) enforce compliance with this Act; section 18(a)(1)(B) of the Federal Trade Com- requirements under subparagraph (A), in the (C) obtain damages, restitution, or other mission Act (15 U.S.C. 57a(a)(1)(B)). case of a prepaid calling card that consumers compensation on behalf of residents of the (b) AUTHORITY OF THE COMMISSION.—The purchase via the Internet, the disclosures re- Commission shall enforce this Act in the State; or quired under subsection (a) shall be dis- same manner and by the same means as (D) obtain such other relief as the court played in plain English language (except as though all applicable terms and provisions of may consider to be appropriate. provided in paragraph (2)) in a clear and con- the Federal Trade Commission Act were in- (2) NOTICE TO THE COMMISSION.— spicuous manner and location on the Inter- corporated into and made a part of this Act. (A) IN GENERAL.—Before filing an action net website that the consumer must access Notwithstanding any provision of the Fed- under paragraph (1), the State shall provide prior to purchasing such card. eral Trade Commission Act or any other pro- to the Commission— (C) ADVERTISING AND OTHER PROMOTIONAL vision of law, common carriers subject to the (i) written notice of the action; and MATERIAL.—Any advertising or other pro- Communications Act of 1934 (47 U.S.C. 151 et (ii) a copy of the complaint for the action. motional material for a prepaid calling card seq.) and any amendment thereto shall be (B) EXEMPTION.— that contains any representation, expressly subject to the jurisdiction of the Commission (i) IN GENERAL.—Subparagraph (A) shall or by implication, regarding the dollar for purposes of this Act. not apply with respect to the filing of an ac- value, the per minute rate, or the number of (c) RULEMAKING AUTHORITY.—Not later tion by a State under this subsection, if the minutes provided by the card shall include in than 1 year after the date of enactment of attorney general or other appropriate officer a clear and conspicuous manner and location this Act, the Commission shall, in consulta- determines that it is not feasible to provide all the disclosures described in subsection tion with the Federal Communications Com- the notice described in that subparagraph be- (a), except as the Commission may provide mission and in accordance with section 553 of fore the filing of the action. under paragraph (3). title 5, United States Code, issue regulations (ii) NOTIFICATION.—In an action described (2) FOREIGN LANGUAGES.—If a language to carry out this Act. In promulgating such in clause (i), the State shall provide notice other than English is prominently used on a regulations, the Commission shall— and a copy of the complaint to the Commis- prepaid calling card, its packaging, or in (1) take into consideration the need for sion at the same time as the State files the point-of-sale advertising, Internet adver- clear disclosures that provide for easy com- action. tising, or promotional material for such prehension and comparison by consumers, (b) INTERVENTION BY COMMISSION.— card, the disclosures required by this section taking into account the size of prepaid call- (1) IN GENERAL.—On receiving notice under shall be disclosed in that language on such ing cards; and subsection (a)(2), the Commission shall have card, packaging, advertisement, or pro- (2) give due consideration to the views of the right to intervene in the action that is motional material. the Federal Communications Commission the subject of the notice.

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.060 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4700 CONGRESSIONAL RECORD — HOUSE June 23, 2010 (2) EFFECT OF INTERVENTION.—If the Com- have 5 legislative days in which to re- calling cards. Unfortunately, we have mission intervenes in an action under sub- vise and extend their remarks and in- discovered that the majority of prepaid section (a), it shall have the right— clude extraneous material in the cards only deliver 50 to 60 percent of (A) to be heard with respect to any matter RECORD. the minutes advertised. While a private that arises in that action; (B) to remove the action to the appropriate The SPEAKER pro tempore. Is there enterprise certainly has the right to United States District Court; and objection to the request of the gentle- shape its business model as it sees fit, (C) to file a petition for appeal. woman from California? it does not have the right to misinform (c) CONSTRUCTION.—For purposes of bring- There was no objection. and to mistreat customers with exorbi- ing any civil action under subsection (a), Ms. MATSUI. Madam Speaker, I tant hang-up fees and maintenance nothing in this section shall be construed to yield myself such time as I may con- fees, and as I said, many people who prevent an attorney general of a State, a sume. have prepaid cards simply do not know State utility commission, or other consumer Madam Speaker, I rise in strong sup- what they actually provide them. protection agency authorized by State law That is why H.R. 3993 is so impor- from exercising the powers conferred on the port of H.R. 3993, the Calling Card Con- attorney general or other appropriate offi- sumer Protection Act. I want to thank tant. It is going to go a long way to- cial by the laws of that State to— Mr. ENGEL for introducing this impor- ward preventing these occurrences in (1) conduct investigations; tant piece of legislation, and Chairmen the future. This legislation will ensure (2) administer oaths or affirmations; WAXMAN and RUSH for their leadership that consumers are better informed by (3) compel the attendance of witnesses or in guiding the bill through the com- requiring an accurate and reasonable the production of documentary and other mittee. disclosure of the terms and conditions evidence; or I am pleased that the House is taking of prepaid telephone calling cards and (4) enforce any State law. up this important bipartisan measure services. (d) ACTION BY THE COMMISSION MAY PRE- Under the bill, prepaid calling card CLUDE STATE ACTION.—In any case in which which will prevent fraud and abuse in an action is instituted by or on behalf of the the prepaid calling card industry. The providers would have to clearly dis- Commission for violation of this Act, or any bill was voice-voted out of the Energy close how many minutes they offer and regulation issued under this Act, no State and Commerce Committee. the prices for those minutes. They may, during the pendency of that action, in- American consumers spend billions of would also have to clearly disclose any stitute an action under subsection (a) dollars on prepaid calling cards. These additional fees levied on the consumer against any defendant named in the com- as well as the card’s expiration date plaint in that action for violation of this Act cards are generally marketed to a par- ticular group of consumers, including and other relevant information. or regulation. I want to especially thank my col- immigrants, college students, seniors, SEC. 6. APPLICATION. leagues on the other side of the aisle— This Act shall apply to— and military personnel. Unfortunately, and certainly Mr. ENGEL, who intro- (1) any prepaid calling card issued or the prepaid calling card market is rife duced this bill—for working so closely placed into the stream of commerce begin- with fraudulent and deceptive prac- with the minority on this important ning 180 days after the date on which final tices. Many prepaid calling cards fail issue. Because of our working together, regulations are promulgated pursuant to sec- to deliver the full number of advertised tion 4(c); and we have a bill that, I believe, helps con- minutes. Cards often contain hidden (2) any advertising, promotion, point-of- sumers without unduly hampering the sale material or voice prompt regarding a charges, such as connection fees, main- industry. This legislation includes prepaid calling card that is disseminated be- tenance fees, and disconnect fees, as commonsense preemption standards, li- ginning 180 days after the date on which well as inconsistent rates per minute. ability exemptions for retailers, which final regulations are promulgated pursuant In short, consumers often find that is very important, and, of course, to section 4(c). because of misleading information, in- strong protections for the consumer. SEC. 7. EFFECT ON STATE LAWS. consistent claims, and buried disclo- After the date on which final regulations I would urge all of my colleagues to sures, they are left with an insufficient support this important legislation, and are promulgated pursuant to section 4(c), no product with little or no recourse. To State or political subdivision of a State may I reserve the balance of my time. establish or continue in effect any provision address these issues and protect Amer- Ms. MATSUI. Madam Speaker, I of law that contains requirements regarding ican consumers, H.R. 3993 will require yield such time as he may consume to disclosures to be printed on prepaid calling calling card providers and distributors the gentleman from New York (Mr. cards or packaging unless such requirements to clearly and conspicuously disclose ENGEL), the sponsor of this bill. are identical to the requirements of section all relevant information so that con- Mr. ENGEL. I thank the gentle- 3. sumers can make informed choices. woman from California, my good SEC. 8. STUDIES. friend, Congresswoman MATSUI, and I (a) GAO STUDY.—Beginning 2 years after b 1240 thank the gentleman, Mr. WHITFIELD, the date on which final regulations are pro- These disclosures would include crit- mulgated pursuant to section 4(c), the Comp- for his kind remarks. ical information such as contact infor- Madam Speaker, I stand here in sup- troller General shall conduct a study of the mation for the provider, the number of effectiveness of this Act and the disclosures port of my legislation, H.R. 3993, the required under this Act and shall submit a minutes available or the dollar value of Calling Card Consumer Protection Act. report of such study to Congress not later the card. I want to thank my good friends than 3 years after the date of enactment of Importantly, H.R. 3993 would mean Chairman WAXMAN, who is the chair- this Act. the end of hidden fees in the prepaid man of our Energy and Commerce (b) FTC STUDY.—The Commission shall, in calling card market. Entities would be Committee; , who is the consultation with the Federal Communica- required to disclose all fees, charges, chairman of the Consumer Protection tions Commission, conduct a study of the ex- limitations, changes in value, or other tent to which the business practices of the Subcommittee; as well as JOE BARTON prepaid calling card industry intended to be terms that impact the use of the card. and GEORGE RADANOVICH, who are the addressed by this Act exist in the prepaid Consumers who purchase prepaid ranking members of the full committee wireless industry and shall submit a report calling cards should get what they pay and subcommittee. of such study, including recommendations, if for. If they don’t, consumers should As my colleagues have mentioned, any, to Congress not later than 3 years after have recourse, and bad actors should calling cards are an invaluable re- the date of enactment of this Act. face tough enforcement. source for a number of people who The SPEAKER pro tempore. Pursu- I urge my colleagues to support H.R. make frequent long distance or over- ant to the rule, the gentlewoman from 3993, and I reserve the balance of my seas calls. Students, members of the California (Ms. MATSUI) and the gen- time. Armed Forces, and those whose fami- tleman from Kentucky (Mr. WHITFIELD) Mr. WHITFIELD. I yield myself such lies live outside of the country regu- each will control 20 minutes. time as I may consume. larly use these cards to call home. The The Chair recognizes the gentle- Madam Speaker, I rise today in sup- cards are also popular among people woman from California. port of H.R. 3993, the Calling Card Con- who either choose not to subscribe to GENERAL LEAVE sumer Protection Act. We have a lot of long distance telephone services or who Ms. MATSUI. Madam Speaker, I ask students and military personnel around cannot afford them. They are a nec- unanimous consent that all Members this country who depend on prepaid essary tool for keeping in touch with

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It f number of unscrupulous companies are would simply require calling cards and failing to keep their advertised terms. advertisements to include the clear b 1250 I first learned of this issue about 3 disclosure of all terms, conditions, and FORMALDEHYDE STANDARDS FOR years ago when I heard from a number fees in the language in which the call- COMPOSITE WOOD PRODUCTS ACT ing card is advertised. Just like the nu- of constituents who said that their pre- Ms. MATSUI. Madam Speaker, I trition information on a box of cereal, paid calling cards were not delivering move to suspend the rules and pass the consumers should be able to quickly the number of minutes that they ad- bill (S. 1660) to amend the Toxic Sub- and easily compare two products side vertised. In fact, many were not even stances Control Act to reduce the emis- close to delivering the promised num- by side. I would strongly encourage all Mem- sions of formaldehyde from composite ber of minutes. wood products, and for other purposes. When I heard about these problems, I bers to support this bipartisan and, as The Clerk read the title of the bill. purchased a calling card to investigate Mr. WHITFIELD pointed out, well- The text of the bill is as follows: the problem for myself. What shocked thought-out legislation. I thank every- me—although, it should come as no one for marking up this legislation S. 1660 surprise to anybody now—is that I today. Be it enacted by the Senate and House of Rep- found the exact same problems my con- Mr. WHITFIELD. Madam Speaker, resentatives of the United States of America in Congress assembled, stituents were having. One of those this issue is so important that I yield 2 companies promised me a certain num- minutes to the gentleman from Indiana SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Formalde- ber of minutes, and I found that it was (Mr. BURTON). Mr. BURTON of Indiana. I won’t take hyde Standards for Composite Wood Prod- a complete fabrication. I did not re- ucts Act’’. ceive even close to the number of min- 2 minutes, Madam Speaker. I would just like to say that my col- SEC. 2. FORMALDEHYDE STANDARDS FOR COM- utes that the card advertised. This is POSITE WOOD PRODUCTS. league who just spoke, Mr. ENGEL, and when I decided to introduce my legisla- (a) AMENDMENT.—The Toxic Substances tion to ban this practice. I became aware of this some time ago Control Act (15 U.S.C. 2601 et seq.) is amend- I have read studies conducted by when one of the people we know, who is ed by adding at the end the following: States’ attorneys general as well as by in this business, brought to our atten- ‘‘TITLE VI—FORMALDEHYDE STANDARDS independent groups showing that many tion the way some of these companies FOR COMPOSITE WOOD PRODUCTS have been so unscrupulous in bilking calling cards provide far fewer minutes ‘‘SEC. 601. FORMALDEHYDE STANDARDS. than are advertised. One study by the the public out of the minutes that they ‘‘(a) DEFINITIONS.—In this section: Hispanic Institute found, on average, pay for. ‘‘(1) FINISHED GOOD.— that the caller only received about 60 I am very happy that Congressman ‘‘(A) IN GENERAL.—The term ‘finished good’ percent of the minutes guaranteed by ENGEL has introduced this bill. means any good or product (other than a the card. I recently read that the pre- Though, I only wish I’d known about it panel) containing— ‘‘(i) hardwood plywood; paid calling card industry takes in $4 because I certainly would have wanted to have been a cosponsor on it. You ‘‘(ii) particleboard; or billion a year in revenue. If the cards ‘‘(iii) medium-density fiberboard. are only providing 60 percent of the may rest assured that I will support it, and I hope that all of my colleagues ‘‘(B) EXCLUSIONS.—The term ‘finished good’ minutes, each one of us can do the does not include— math. will because it is unconscionable that ‘‘(i) any component part or other part used This deception is costing consumers the American people would buy some- in the assembly of a finished good; or and honest companies hundreds of mil- thing like this, especially military per- ‘‘(ii) any finished good that has previously lions of dollars every year. Calling card sonnel, knowing that they are going to been sold or supplied to an individual or en- fraud harms segments of the popu- be able to call their loved ones, then to tity that purchased or acquired the finished find out that they’ve been short- good in good faith for purposes other than lation which are among the most vul- resale, such as— nerable to being victimized by unscru- changed. It’s almost a criminal act. I think we ought to look down the road. ‘‘(I) an antique; or pulous companies only seeking to ‘‘(II) secondhand furniture. make quick profits. Companies will If this is being done intentionally by ‘‘(2) HARDBOARD.—The term ‘hardboard’ target poor, minority, and immigrant these calling card companies, there has such meaning as the Administrator shall populations, and they don’t stop there. possibly ought to be some prosecutions establish, by regulation, pursuant to sub- They have even preyed upon our sol- that take place. section (d). diers in Iraq and Afghanistan. This is Mr. WHITFIELD. Madam Speaker, I ‘‘(3) HARDWOOD PLYWOOD.— ‘‘(A) IN GENERAL.—The term ‘hardwood ply- unconscionable. yield back the balance of my time. Ms. MATSUI. Madam Speaker, H.R. wood’ means a hardwood or decorative panel As was mentioned, there are so many 3993 will protect consumers from faulty that is— ways that they use fraudulent terms. and deceptive calling cards. ‘‘(i) intended for interior use; and There are different fees. If you call and Again, I want to thank my colleague, ‘‘(ii) composed of (as determined under the don’t get anyone home, there is a fee. standard numbered ANSI/HPVA HP–1–2009) Representative ENGEL, for his work on If you call and someone hangs up, there an assembly of layers or plies of veneer, this legislation. joined by an adhesive with— is a fee. There are all kinds of hidden This bill is bipartisan, and I urge my fees in terms of what time you can call ‘‘(I) lumber core; colleagues to support this legislation. ‘‘(II) particleboard core; and what day you can call. It just gets I yield back the balance of my time. ‘‘(III) medium-density fiberboard core; ridiculous. The SPEAKER pro tempore. The ‘‘(IV) hardboard core; or In an article in BusinessWeek maga- question is on the motion offered by ‘‘(V) any other special core or special back zine, the author detailed one example the gentlewoman from California (Ms. material. of a company that marketed toward MATSUI) that the House suspend the ‘‘(B) EXCLUSIONS.—The term ‘hardwood Spanish-speaking consumers. It had rules and pass the bill, H.R. 3993, as plywood’ does not include— packaging with Spanish language in- ‘‘(i) military-specified plywood; amended. ‘‘(ii) curved plywood; or formation, but the fine print that de- The question was taken. tailed all the various fees they would ‘‘(iii) any other product specified in— The SPEAKER pro tempore. In the ‘‘(I) the standard entitled ‘Voluntary Prod- charge the user was in English. When opinion of the Chair, two-thirds being uct Standard—Structural Plywood’ and confronted about this deception, the in the affirmative, the ayes have it. numbered PS 1–07; or company simply said, ‘‘We’re in Amer- Ms. MATSUI. Madam Speaker, on ‘‘(II) the standard entitled ‘Voluntary ica.’’ They had the audacity to claim that I demand the yeas and nays. Product Standard—Performance Standard

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.047 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4702 CONGRESSIONAL RECORD — HOUSE June 23, 2010 for Wood-Based Structural-Use Panels’ and of routine quality control testing data re- resin meets the following emission stand- numbered PS 2–04. quired under subparagraph (A)(ii). ards: ‘‘(C) LAMINATED PRODUCTS.— ‘‘(ii) No test result higher than 0.05 parts ‘‘(I) No higher than 0.04 parts per million of ‘‘(i) RULEMAKING.— per million of formaldehyde for hardwood formaldehyde for 90 percent of 6 months of ‘‘(I) IN GENERAL.—The Administrator shall plywood and 0.06 parts per million for routine quality control testing data required conduct a rulemaking process pursuant to particleboard, medium-density fiberboard, under subparagraph (A)(ii). subsection (d) that uses all available and rel- and thin medium-density fiberboard. ‘‘(II) No test result higher than 0.05 parts evant information from State authorities, ‘‘(8) PARTICLEBOARD.— per million of formaldehyde for hardwood industry, and other available sources of such ‘‘(A) IN GENERAL.—The term ‘particleboard’ plywood and 0.06 parts per million for information, and analyzes that information means a panel composed of cellulosic mate- particleboard, medium-density fiberboard, to determine, at the discretion of the Admin- rial in the form of discrete particles (as dis- and thin medium-density fiberboard. istrator, whether the definition of the term tinguished from fibers, flakes, or strands) ‘hardwood plywood’ should exempt engi- that are pressed together with resin (as de- ‘‘(b) REQUIREMENT.— neered veneer or any laminated product. termined under the standard numbered ANSI ‘‘(1) IN GENERAL.—Except as provided in an ‘‘(II) MODIFICATION.—The Administrator A208.1–2009). applicable sell-through regulation promul- may modify any aspect of the definition con- ‘‘(B) EXCLUSIONS.—The term gated pursuant to subsection (d), effective tained in clause (ii) before including that ‘particleboard’ does not include any product beginning on the date that is 180 days after definition in the regulations promulgated specified in the standard entitled ‘Voluntary the date of promulgation of those regula- pursuant to subclause (I). Product Standard—Performance Standard tions, the emission standards described in ‘‘(ii) LAMINATED PRODUCT.—The term ‘lami- for Wood-Based Structural-Use Panels’ and paragraph (2), shall apply to hardwood ply- nated product’ means a product— numbered PS 2–04. wood, medium-density fiberboard, and ‘‘(I) in which a wood veneer is affixed to— ‘‘(9) RECREATIONAL VEHICLE.—The term particleboard sold, supplied, offered for sale, ‘‘(aa) a particleboard platform; ‘recreational vehicle’ has the meaning given or manufactured in the United States. ‘‘(bb) a medium-density fiberboard plat- the term in section 3282.8 of title 24, Code of ‘‘(2) EMISSION STANDARDS.—The emission form; or Federal Regulations (as in effect on the date standards referred to in paragraph (1), based ‘‘(cc) a veneer-core platform; and of promulgation of regulations pursuant to on test method ASTM E–1333–96 (2002), are as ‘‘(II) that is— subsection (d)). follows: ‘‘(aa) a component part; ‘‘(10) ULTRA LOW-EMITTING FORMALDEHYDE ‘‘(A) For hardwood plywood with a veneer ‘‘(bb) used in the construction or assembly RESIN.— core, 0.05 parts per million of formaldehyde. of a finished good; and ‘‘(A) IN GENERAL.—(i) The term ‘ultra low- ‘‘(B) For hardwood plywood with a com- ‘‘(cc) produced by the manufacturer or fab- emitting formaldehyde resin’ means a resin posite core— ricator of the finished good in which the in a composite wood product that meets the ‘‘(i) 0.08 parts per million of formaldehyde product is incorporated. emission standards in subparagraph (C) as for any period after the effective date de- ‘‘(4) MANUFACTURED HOME.—The term measured by— scribed in paragraph (1) and before July 1, ‘manufactured home’ has the meaning given ‘‘(I) 2 quarterly tests conducted pursuant 2012; and the term in section 3280.2 of title 24, Code of to test method ASTM E–1333–96 (2002) or, sub- ‘‘(ii) 0.05 parts per million of formaldehyde, Federal Regulations (as in effect on the date ject to clause (ii), ASTM D–6007–02; and effective on the later of the effective date de- of promulgation of regulations pursuant to ‘‘(II) 6 months of routine quality control scribed in paragraph (1) or July 1, 2012. subsection (d)). tests pursuant to ASTM D–6007–02 or ASTM ‘‘(C) For medium-density fiberboard— ‘‘(5) MEDIUM-DENSITY FIBERBOARD.—The D–5582 or such other routine quality control ‘‘(i) 0.21 parts per million of formaldehyde term ‘medium-density fiberboard’ means a test methods as may be established by the for any period after the effective date de- panel composed of cellulosic fibers made by Administrator through rulemaking. scribed in paragraph (1) and before July 1, dry forming and pressing a resinated fiber ‘‘(ii) Test results obtained under clause 2011; and mat (as determined under the standard num- (i)(I) or (II) by any test method other than ‘‘(ii) 0.11 parts per million of formaldehyde, bered ANSI A208.2–2009). ASTM E–1333–96 (2002) must include a show- effective on the later of the effective date de- ‘‘(6) MODULAR HOME.—The term ‘modular ing of equivalence by means established by scribed in paragraph (1) or July 1, 2011. home’ means a home that is constructed in a the Administrator through rulemaking. ‘‘(D) For thin medium-density fiberboard— factory in 1 or more modules— ‘‘(B) INCLUSIONS.—The term ‘ultra low- ‘‘(i) 0.21 parts per million of formaldehyde ‘‘(A) each of which meet applicable State emitting formaldehyde resin’ may include— and local building codes of the area in which ‘‘(i) melamine-urea-formaldehyde resin; for any period after the effective date de- the home will be located; and ‘‘(ii) phenol formaldehyde resin; and scribed in paragraph (1) and before July 1, ‘‘(B) that are transported to the home ‘‘(iii) resorcinol formaldehyde resin. 2012; and building site, installed on foundations, and ‘‘(C) EMISSION STANDARDS.— ‘‘(ii) 0.13 parts per million of formaldehyde, completed. ‘‘(i) The Administrator may, pursuant to effective on the later of the effective date de- ‘‘(7) NO-ADDED FORMALDEHYDE-BASED regulations issued under subsection (d), re- scribed in paragraph (1) or July 1, 2012. RESIN.— duce the testing requirements for a manufac- ‘‘(E) For particleboard— ‘‘(A) IN GENERAL.—(i) The term ‘no-added turer only if its product made with ultra ‘‘(i) 0.18 parts per million of formaldehyde formaldehyde-based resin’ means a resin for- low-emitting formaldehyde resin meets the for any period after the effective date de- mulated with no added formaldehyde as part following emission standards: scribed in paragraph (1) and before July 1, of the resin cross-linking structure in a com- ‘‘(I) For hardwood plywood, no higher than 2011; and posite wood product that meets the emission 0.05 parts per million of formaldehyde. ‘‘(ii) 0.09 parts per million of formaldehyde, standards in subparagraph (C) as measured ‘‘(II) For medium-density fiberboard— effective on the later of the effective date de- by— ‘‘(aa) no higher than 0.06 parts per million scribed in paragraph (1) or July 1, 2011. ‘‘(I) one test conducted pursuant to test of formaldehyde for 90 percent of 6 months of ‘‘(3) COMPLIANCE WITH EMISSION STAND- method ASTM E–1333–96 (2002) or, subject to routine quality control testing data required ARDS.—(A) Compliance with the emission clause (ii), ASTM D–6007–02; and under subparagraph (A)(ii); and standards described in paragraph (2) shall be ‘‘(II) 3 months of routine quality control ‘‘(bb) no test result higher than 0.09 parts measured by— tests pursuant to ASTM D–6007–02 or ASTM per million of formaldehyde. ‘‘(i) quarterly tests shall be conducted pur- D–5582 or such other routine quality control ‘‘(III) For particleboard— suant to test method ASTM E–1333–96 (2002) test methods as may be established by the ‘‘(aa) no higher than 0.05 parts per million or, subject to subparagraph (B), ASTM D– Administrator through rulemaking. of formaldehyde for 90 percent of 6 months of 6007–02; and ‘‘(ii) Test results obtained under clause routine quality control testing data required ‘‘(ii) quality control tests shall be con- (i)(I) or (II) by any test method other than under subparagraph (A)(ii); and ducted pursuant to ASTM D–6007–02, ASTM ASTM E–1333–96 (2002) must include a show- ‘‘(bb) no test result higher than 0.08 parts D–5582, or such other test methods as may be ing of equivalence by means established by per million of formaldehyde. established by the Administrator through the Administrator through rulemaking. ‘‘(IV) For thin medium-density fiber- rulemaking. ‘‘(B) INCLUSIONS.—The term ‘no-added board— ‘‘(B) Test results obtained under subpara- formaldehyde-based resin’ may include any ‘‘(aa) no higher than 0.08 parts per million graph (A)(i) or (ii) by any test method other resin made from— of formaldehyde for 90 percent of 6 months of than ASTM E–1333–96 (2002) must include a ‘‘(i) soy; routine quality control testing data required showing of equivalence by means established ‘‘(ii) polyvinyl acetate; or under subparagraph (A)(ii); and by the Administrator through rulemaking. ‘‘(iii) methylene diisocyanate. ‘‘(bb) no test result higher than 0.11 parts ‘‘(C) Except where otherwise specified, the ‘‘(C) EMISSION STANDARDS.—The following per million of formaldehyde. Administrator shall establish through rule- are the emission standards for composite ‘‘(ii) The Administrator may not, pursuant making the number and frequency of tests wood products made with no-added formalde- to regulations issued under subsection (d), required to demonstrate compliance with the hyde-based resins under this paragraph: exempt a manufacturer from third party cer- emission standards. ‘‘(i) No higher than 0.04 parts per million of tification requirements unless its product ‘‘(4) APPLICABILITY.—The formaldehyde formaldehyde for 90 percent of the 3 months made with ultra low-emitting formaldehyde emission standard referred to in paragraph

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REPORTS TO CONGRESS. ‘‘(c) EXEMPTIONS.—The formaldehyde emis- taining de minimis amounts of composite Not later than one year after the date of sion standard referred to in subsection (b)(1) wood products. enactment of this Act, and annually there- shall not apply to— The Administrator shall not provide under after through December 31, 2014, the Admin- ‘‘(1) hardboard; subparagraph (L) exceptions to the formalde- istrator of the Environmental Protection ‘‘(2) structural plywood, as specified in the hyde emission standard requirements in sub- Agency shall submit to the Committee on standard entitled ‘Voluntary Product Stand- section (b). Environment and Public Works of the Senate ard—Structural Plywood’ and numbered PS ‘‘(3) SELL-THROUGH PROVISIONS.— and the Committee on Energy and Commerce 1–07; ‘‘(A) IN GENERAL.—Sell-through provisions of the House of Representatives a report de- ‘‘(3) structural panels, as specified in the established by the Administrator under this scribing, with respect to the preceding standard entitled ‘Voluntary Product Stand- subsection, with respect to composite wood year— ard—Performance Standard for Wood-Based products and finished goods containing regu- (1) the status of the measures carried out Structural-Use Panels’ and numbered PS 2– or planned to be carried out pursuant to title 04; lated composite wood products (including recreational vehicles, manufactured homes, VI of the Toxic Substances Control Act; and ‘‘(4) structural composite lumber, as speci- (2) the extent to which relevant industries fied in the standard entitled ‘Standard Spec- and modular homes), shall— have achieved compliance with the require- ification for Evaluation of Structural Com- ‘‘(i) be based on a designated date of manu- ments under that title. posite Lumber Products’ and numbered facture (which shall be no earlier than the ASTM D 5456–06; date 180 days following the promulgation of SEC. 4. MODIFICATION OF REGULATION. Not later than 180 days after the date of ‘‘(5) oriented strand board; the regulations pursuant to this subsection) promulgation of regulations pursuant to sec- ‘‘(6) glued laminated lumber, as specified of the composite wood product or finished tion 601(d) of the Toxic Substances Control in the standard entitled ‘Structural Glued good, rather than date of sale of the com- Act (as amended by section 2), the Secretary Laminated Timber’ and numbered ANSI posite wood product or finished good; and of Housing and Urban Development shall up- A190.1–2002; ‘‘(ii) provide that any inventory of com- date the regulation contained in section ‘‘(7) prefabricated wood I-joists, as speci- posite wood products or finished goods con- 3280.308 of title 24, Code of Federal Regula- fied in the standard entitled ‘Standard Spec- taining regulated composite wood products, tions (as in effect on the date of enactment ification for Establishing and Monitoring manufactured before the designated date of of this Act), to ensure that the regulation re- Structural Capacities of Prefabricated Wood manufacture of the composite wood products flects the standards established by section I-Joists’ and numbered ASTM D 5055–05; or finished goods, shall not be subject to the 601 of the Toxic Substances Control Act. ‘‘(8) finger-jointed lumber; formaldehyde emission standard require- ‘‘(9) wood packaging (including pallets, ments under subsection (b)(1). The SPEAKER pro tempore. Pursu- crates, spools, and dunnage); ‘‘(B) IMPLEMENTING REGULATIONS.—The reg- ant to the rule, the gentlewoman from ‘‘(10) composite wood products used inside ulations promulgated under this subsection California (Ms. MATSUI) and the gen- a new— shall— tleman from California (Mr. RADANO- ‘‘(i) prohibit the stockpiling of inventory ‘‘(A) vehicle (other than a recreational ve- VICH) each will control 20 minutes. hicle) constructed entirely from new parts to be sold after the designated date of manu- The Chair recognizes the gentle- facture; and that has never been— woman from California. ‘‘(i) the subject of a retail sale; or ‘‘(ii) not require any labeling or testing of ‘‘(ii) registered with the appropriate State composite wood products or finished goods GENERAL LEAVE agency or authority responsible for motor containing regulated composite wood prod- Ms. MATSUI. Madam Speaker, I ask vehicles or with any foreign state, province, ucts manufactured before the designated unanimous consent that all Members or country; date of manufacture. have 5 legislative days in which to re- ‘‘(B) rail car; ‘‘(C) DEFINITION.—For purposes of this vise and extend their remarks and in- ‘‘(C) boat; paragraph, the term ‘stockpiling’ means clude extraneous material in the manufacturing or purchasing a composite ‘‘(D) aerospace craft; or RECORD. ‘‘(E) aircraft; wood product or finished good containing a The SPEAKER pro tempore. Is there regulated composite wood product between ‘‘(11) windows that contain composite wood objection to the request of the gentle- products, if the window product contains less the date of enactment of the Formaldehyde than 5 percent by volume of hardwood ply- Standards for Composite Wood Products Act woman from California? wood, particleboard, or medium-density fi- and the date 180 days following the promul- There was no objection. berboard, combined, in relation to the total gation of the regulations pursuant to this Ms. MATSUI. Madam Speaker, I volume of the finished window product; or subsection at a rate which is significantly yield myself such time as I may con- ‘‘(12) exterior doors and garage doors that greater (as determined by the Adminis- sume. contain composite wood products, if— trator) than the rate at which such product Madam Speaker, I rise in strong sup- ‘‘(A) the doors are made from composite or good was manufactured or purchased dur- port of S. 1660, the Formaldehyde wood products manufactured with no-added ing a base period (as determined by the Ad- Standards for Composite Wood Prod- formaldehyde-based resins or ultra low-emit- ministrator) ending before the date of enact- ucts Act. I want to thank Senators ment of the Formaldehyde Standards for ting formaldehyde resins; or KLOBUCHAR and CRAPO for their leader- Composite Wood Products Act. ‘‘(B) the doors contain less than 3 percent ship in guiding this bill through the by volume of hardwood plywood, ‘‘(4) IMPORT REGULATIONS.—Not later than particleboard, or medium-density fiberboard, July 1, 2013, the Administrator, in coordina- Senate. combined, in relation to the total volume of tion with the Commissioner of Customs and Madam Speaker, this is a truly bipar- the finished exterior door or garage door. Border Protection and other appropriate tisan bill, with 10 out of the 19 Senate ‘‘(d) REGULATIONS.— Federal departments and agencies, shall re- cosponsors being Republican Senators, ‘‘(1) IN GENERAL.—Not later than January vise regulations promulgated pursuant to including ISAKSON of Georgia, Senators 1, 2013, the Administrator shall promulgate section 13 as the Administrator determines CORKER and ALEXANDER from Ten- regulations to implement the standards re- to be necessary to ensure compliance with nessee, Senator VITTER from Lou- quired under subsection (b) in a manner that this section. isiana, and Senator COCHRAN of Mis- ensures compliance with the emission stand- ‘‘(5) SUCCESSOR STANDARDS AND TEST METH- sissippi, just to name a few. Just last ards described in subsection (b)(2). ODS.—The Administrator may, after public ‘‘(2) INCLUSIONS.—The regulations promul- notice and opportunity for comment, sub- week, this legislation was unanimously gated pursuant to paragraph (1) shall include stitute an industry standard or test method approved by the Senate. I, along with provisions relating to— referenced in this section with its successor Representative VERN EHLERS, intro- ‘‘(A) labeling; version. duced the House companion, H.R. 4805. ‘‘(B) chain of custody requirements; ‘‘(e) PROHIBITED ACTS.—An individual or I want to thank Chairmen WAXMAN ‘‘(C) sell-through provisions; entity that violates any requirement under and RUSH for their leadership in guid- ‘‘(D) ultra low-emitting formaldehyde res- this section (including any regulation pro- ing H.R. 4805 through the Energy and ins; mulgated pursuant to subsection (d)) shall be Commerce Committee, which was re- ‘‘(E) no-added formaldehyde-based resins; considered to have committed a prohibited ported out in a bipartisan manner by a ‘‘(F) finished goods; act under section 15.’’. ‘‘(G) third-party testing and certification; (b) CONFORMING AMENDMENT.—The table of vote of 27–10 on May 26. During the ‘‘(H) auditing and reporting of third-party contents of the Toxic Substances Control committee debate on this legislation certifiers; Act (15 U.S.C. prec. 2601) is amended by add- we worked collaboratively with the mi- ‘‘(I) recordkeeping; ing at the end the following: nority to address the vast majority of

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.055 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4704 CONGRESSIONAL RECORD — HOUSE June 23, 2010 the concerns initially raised by CTCP merce Committee to ensure that the standards are much more restrictive Subcommittee Ranking Member legislation will protect consumers as than necessary to protect consumers WHITFIELD and Representatives well as our U.S. domestic manufac- from cancer risks. GINGREY and SCALISE. And I thank turing industries. I urge my colleagues Further, assuming the health risks them for their support during the full to support this legislation. posed by formaldehyde in composite committee’s consideration. Those I reserve the balance of my time. wood products warrant some type of changes are included in this legislation Mr. RADANOVICH. Madam Speaker, Federal emission standard, the bill that we are considering today. I yield myself such time as I may con- raises concerns because it does not pre- On the issue of labeling, we expect sume. empt State regulation. The preemption that EPA will take steps to ensure that (Mr. RADANOVICH asked and was provisions in section 18 of the Toxic consumers are able to make informed given permission to revise and extend Substances Control Act, or TSCA, purchases. At the same time, it is not his remarks.) would not apply to these standards. our intention to require labeling that Mr. RADANOVICH. Madam Speaker, Nothing in the bill would preclude is more burdensome than what is al- H.R. 4805, the Formaldehyde Standards States from imposing more stringent ready required in California. for Composite Wood Products Act, and conflicting standards than those Madam Speaker, the bill is a result of would set Federal formaldehyde emis- mandated by the bill. States could cre- months of hard work; and we have a sion standards for composite wood ate a patchwork of differing laws and strong bipartisan, bicameral measure products based on the standards re- requirements, thereby frustrating the that is widely supported by a diverse cently set by the State of California. stated goal of creating a uniform na- coalition comprised of industries, pub- Excessive exposure to formaldehyde tional standard for formaldehyde emis- lic health advocates, environmental can cause health problems, and health sions from composite wood products. In groups, and others. Groups that have risks imposed by formaldehyde may in- addition, the EPA is currently consid- publicly endorsed this legislation in- deed warrant a Federal emission stand- ering a regulation under TSCA address- clude the American Forest and Paper ard for composite wood products. Al- ing the same issues addressed by this Association; the Engineered Wood As- though this bill has improved in sev- bill. If the EPA completes its current sociation; the Composite Panel Asso- eral important respects since it was in- rulemaking process, any resulting ciation; American Home Furnishings troduced, it still has a number of defi- formaldehyde standard would preempt Association; Business and Institutional ciencies that outweigh its benefits. State regulation as provided in TSCA. Furniture Manufacturers Association; Therefore, I urge all Members to vote The bill would also require the EPA Kitchen Cabinet Manufacturers Asso- against the bill. to issue the mandated emission stand- ciation; the Sierra Club; the United Before summarizing the bill’s prin- ards regardless of whether they ulti- Steelworkers of America; the Amer- cipal deficiencies, let me note some of mately prove technically feasible and ican Public Health Association; the Re- the changes that we were able to make reasonably affordable. Congress lacks tail Industry Leaders Association; and on the Energy and Commerce Com- experience regarding the workability others. mittee. The bill before the House today of these standards in the real word. We I am pleased that the House is taking provides greater clarity regarding the have learned through our experience up this important bipartisan measure actual emission standards that the with the Consumer Product Safety Im- today. The bill would direct that EPA EPA must promulgate and mandates provement Act that we should be very establish one national standard for ‘‘sell-through’’ provisions that ensure careful about mandating standards formaldehyde in domestic and im- fair treatment for merchants seeking based on industry segment’s confidence ported composite wood products. As we to sell inventory manufactured before that it can comply with them. We all know, the emissions of formalde- the emission standards take effect. learned the hard way that well-mean- hyde, which is a harmful chemical Despite these improvements, the bill ing bills can lead to unemployment for widely used in a variety of composite suffers from at least four critical defi- small manufacturers, and we should wood product applications, are known ciencies. First, the proponents of the not repeat that mistake, with almost to have adverse effects on human bill failed to demonstrate that the 10 percent unemployment. health and resulted in cases of toxicity emission standards themselves are re- This bill does not provide the EPA for those storm victims provided flective of the most recent scientific with any discretion if one or more of FEMA trailers following Hurricane study and understanding. Second, the these standards proves technically not Katrina. bill sets forth a theoretical national feasible to meet or if the high cost of Formaldehyde emissions from com- standard because it does not preempt compliance with the standard would posite wood are largely the result of State and local regulation. Third, the prevent any manufacturers from re- cheap foreign products that enter the bill requires EPA to promulgate the maining in business. It doesn’t make U.S. marketplace at much lower cost, standards without making a deter- sense to impose a standard which has which places U.S. manufacturers at a mination that they are technically fea- not been ‘‘road tested’’ and that indus- competitive disadvantage. This legisla- sible and that compliance is not pro- try potentially cannot meet. tion will level the playing field for our hibitively expensive. Finally, the bill domestic manufacturers by creating requires EPA to regulate consumer b 1300 one national standard on formaldehyde products even though the CPSC ap- Moreover, the bill would provide for emissions for both our domestic indus- pears better qualified for this task. EPA rulemaking and enforcement of try and foreign manufacturers to fol- I will now address each of these four the emissions standards under the low. deficiencies in more detail. Excessive Toxic Substances Control Act, TSCA, Simply put, we must ensure that exposure to formaldehyde can cause even though the CPSC would be in a faulty foreign wood products do not health problems, and we are not here better position to handle the program enter the U.S. market anymore. In to debate that point. I am concerned under the Federal Hazardous Sub- doing so, this bill will protect and cre- that this bill’s stated emission stand- stances Act. Under TSCA, the EPA reg- ate American jobs, boost the competi- ards do not reflect the levels science is ulates industrial chemicals and mix- tiveness of our domestic manufac- telling us are necessary to prevent tures rather than consumer products, turing sector, and ensure that Amer- harm. Instead, I understand the bill re- while the CPSC regulates unsafe con- ican consumers are not exposed to lies on the increasingly outdated risk sumer products under a different statu- faulty foreign products with high form- assessment conducted by the State of tory framework. aldehyde emissions. California in issuing its own regula- Given that the bill addresses sup- In closing, I would like to thank tions. Further, as explained and called posedly unsafe consumer products and Chairman WAXMAN’s staff, particularly into question by Dr. Mel Anderson in provides for emissions standards as Robin Appleberry for her hard work his expert testimony provided at the well as labeling and testing require- and effort in working in a bipartisan March 18, 2010, hearing before the Com- ments, the CPSC arguably is better sit- manner with my office and with the merce, Trade, and Consumer Protec- uated than the EPA to handle this. The minority staff of the Energy and Com- tion Subcommittee, the California CPSC’s more extensive experience and

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.051 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4705 expertise on issues relating to con- and volunteers, celebrities, and the forcibly along with the United Nations High Commis- sumer product safety, sell-through, la- displaced; sioner for Refugees, who have provided life- beling, and consumer product testing Whereas refugees are people who have been saving assistance and helped protect those suggest that we should entrust this forced to flee their countries due to a well- displaced by conflict around the world; and founded fear of persecution based on their (5) reaffirms the goals of World Refugee program to the CPSC instead of hand- political opinions, religious beliefs, race, na- Day and reiterates the strong commitment ing it off to EPA. tionality, or membership in a particular so- to protect the millions of refugees who live Had the above deficiencies been re- cial group; without material, social, or legal protec- solved more satisfactorily, this bill Whereas internally displaced persons are tions. would more likely warrant passage. those who have fled their homes or been up- The SPEAKER pro tempore. Pursu- Unfortunately, I cannot support the rooted but remain within the borders of their ant to the rule, the gentlewoman from bill in its current form and urge a ‘‘no’’ country; Whereas of the 42,000,000 displaced persons California (Ms. WATSON) and the gen- vote. worldwide, the United Nations Refugee tlewoman from Florida (Ms. ROS- Madam Speaker, I yield back the bal- Agency assists over 25,000,000, including LEHTINEN) each will control 20 minutes. ance of my time. 10,000,000 refugees and more than 14,000,000 The Chair recognizes the gentle- Ms. MATSUI. Madam Speaker, we internally displaced persons; woman from California. can all agree that harmful formalde- Whereas these vulnerable individuals rely GENERAL LEAVE hyde emissions need to be addressed on the United States, other governments, Ms. WATSON. Madam Speaker, I ask the United Nations, and numerous non- immediately. Formaldehyde emissions unanimous consent that all Members from composite woods are largely the governmental relief agencies for the protec- tion of their basic human rights; may have 5 legislative days to revise result of cheap foreign products that Whereas Somali refugees have lived in and extend their remarks and to in- enter the U.S. marketplace at much camps in Kenya since the early 1990s; clude extraneous material on the reso- lower costs. These emissions have Whereas Burmese refugees have lived in lution under consideration. harmed far too many Americans, and camps inside Thailand since the mid-1980s; The SPEAKER pro tempore. Is there their foreign sources have and continue Whereas decades of violence in Afghani- objection to the request of the gentle- to place our domestic manufacturing stan have produced almost 3,000,000 refugees; woman from California? industries at a competitive disadvan- Whereas decades of violence caused by ex- tremist groups forced up to 400,000 Colom- There was no objection. tage. This legislation will level the bians to seek refuge in other countries and Ms. WATSON. Madam Speaker, I rise playing field for our domestic indus- produced 3,000,000 internally displaced per- in strong support of this resolution, tries and protect the health of Amer- sons within Colombia; and I yield myself such time as I may ican consumers. Whereas more than 4,000,000 Iraqis are dis- consume. Madam Speaker, today we have a placed within their country and in the re- I am grateful for the opportunity to strong bipartisan, bicameral bill that gion, including Chaldeans and other minori- speak today on H. Res. 1350, a resolu- will boost our domestic manufacturing ties; tion I introduced to recognize World Whereas more than 2,000,000 people have Refugee Day as June 20, 2010. This spe- industries, create jobs, and protect been displaced by conflict in the Democratic American consumers. This bill is Republic of the Congo; cial day, first marked in 2001, is held strongly supported by a large number Whereas ongoing conflict and violence in every year on June 20. Tens of thou- of industries, public health advocates, Sudan have forced more than 1,000,000 people sands of people around the world take and environmental groups. Again, this to become internally displaced within Sudan time to recognize the plight of forcibly legislation is bipartisan, and I urge my and another 250,000 to flee to Chad; displaced people throughout the world. colleagues to support S. 1660, to make Whereas some 150,000 Sudanese have The annual commemoration is marked certain that faulty foreign wood prod- sought protection in other countries around by a variety of events in more than 100 the world; ucts do not enter the U.S. market. Whereas North Korean refugees inside countries involving government offi- I yield back the balance of my time. China face trafficking, sexual exploitation, cials, humanitarian aid workers, celeb- The SPEAKER pro tempore. The and forcible repatriation back to North rities, civilians, and those who were question is on the motion offered by Korea where they are tortured, imprisoned, forcibly displaced themselves. the gentlewoman from California (Ms. and severely punished; With the humanitarian efforts of the MATSUI) that the House suspend the Whereas 2010 marks the 30th anniversary of United States, other nations, and orga- rules and pass the bill, S. 1660. the Refugee Act of 1980, the cornerstone of nizations like the United Nations High The question was taken; and (two- the United States’ system of refugee protec- Commissioner for Refugees, the Red tion and assistance; thirds being in the affirmative) the Whereas the United States continues to be Cross, the International Rescue Com- rules were suspended and the bill was the single largest refugee resettlement coun- mittee, and Refugees International, passed. try in the world; and among so many others, refugees are A motion to reconsider was laid on Whereas the United States is the largest able to flee from persecution, violence, the table. single donor to the Office of the United Na- and war in order to seek protection. f tions High Commissioner for Refugees: Now, Many have fled to the United States, a therefore, be it safe haven with a history of aiding RECOGNIZING WORLD REFUGEE Resolved, That the House of Representa- those seeking protection from persecu- DAY tives— (1) reaffirms the commitment of the tion, violence, and war. America has Ms. WATSON. Madam Speaker, I United States to promote the safety, health, provided more assistance to refugees move to suspend the rules and agree to and well-being of the millions of refugees seeking protection than any other the resolution (H. Res. 1350) recog- who flee war, famine, persecution, and tor- country. nizing June 20, 2010, as World Refugee ture in search of peace, nourishment, hope, If you have ever met a refugee, you Day, as amended. and freedom; have encountered someone who has The Clerk read the title of the resolu- (2) calls on the Department of State to overcome great obstacles simply to tion. continue to support the efforts of the United just survive. Take the case of a Somali Nations High Commissioner for Refugees and The text of the resolution is as fol- refugee, Abdul Samatar, a young man lows: to advance the work of nongovernmental or- ganizations, especially those that also have with a childhood full of tragedy and H. RES. 1350 expertise in resettlement, to protect refu- life-threatening experiences who even- Whereas World Refugee Day was first ob- gees; tually took refuge in the United served on June 20, 2001; (3) calls on the United States Government States. Abdul was born in 1984 in So- Whereas tens of thousands of people to continue its international leadership role malia, at that time a peaceful land of around the world take time to recognize the in response to those who have been dis- great beauty, promise, and resources. challenges and applaud the contributions of placed, including the most vulnerable popu- Now, however, Somalia is overwhelmed forcibly displaced persons throughout the lations who endure sexual violence, human world; trafficking, forced conscription, genocide, by famine, war and violence, leaving no Whereas the annual commemoration of and exploitation; persons unaffected. World Refugee Day is marked by a variety of (4) commends those who have risked their In 1992, Abdul’s father, a religious events in more than 100 countries, involving lives working individually and for the mul- leader in Mogadishu, the capital, was government officials, humanitarian workers titude of nongovernmental organizations, shot and killed during the civil war.

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.053 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4706 CONGRESSIONAL RECORD — HOUSE June 23, 2010 After his death, Abdul lived the life of pression by regimes like those in The United States is in fact a global leader a nomad. He was afraid that, like his Burma, North Korea, or Sudan, tens of in the protection of refugees and internally dis- father, he would be killed by a rival millions of children, women, and men placed persons. In the year 2010 the United tribe. He fled across the Somalia- around the world stand in need of food, States celebrates the 30th anniversary of the Kenya border to Mandera, Kenya. shelter, and protection. Refugee Act of 1980, a cornerstone of refugee Thanks to the generosity of the United Because of this vulnerability, they protection and assistance which has brought Nations High Commissioner for Refu- are also prime targets for dehuman- the United States to be the single largest ref- gees, he was provided with food and as- izing forms of exploitation and human ugee resettlement country in the world, admit- sistance in Mandera for 21⁄2 years. For- trafficking. By supporting the work of ting a total of 65,722 in 2007. Moreover, the tunately, while Abdul was in Nairobi, the U.N. High Commissioner for Refu- United States is the single largest donor to the he was introduced to a refugee coordi- gees and the many dedicated non- Office of the United Nations High Commis- nator at the United States Embassy governmental organizations, the people sioner for Refugees. who, along with two other citizens, of the United States continue to show Madam Speaker, I urge every one of my fel- helped Abdul move to the United our generosity toward the displaced low members of Congress to join Congress- States. An example of success, Abdul and the vulnerable. woman WATSON and me in reaffirming the graduated from high school in 2004 and World Refugee Day, observed for the commitment of the United States to promote graduated from university in May 2010 10th time this past weekend, is a fit- the safety, health, and well-being of millions of with a degree in American studies. ting time for us to reflect on these dire refugees, calling on the Department of State With this education, Abdul intends to human needs, to commend the bravery to continue to support the efforts of the U.N. make a difference in the lives of those and service of those who assist refugees High Commissioner for refugees, call on the less fortunate. Yes, Madam Speaker, in insecure circumstances around the U.S. Government to continue to strengthen its stories like that of Abdul attest to the world, and to recommit ourselves to leadership role in protecting displaced per- success of our refugee program and the protection of displaced populations sons, commending those who have risked give merit to recognizing June 20, 2010, as a humanitarian and human rights their lives working to provide assistance to ref- as World Refugee Day. priority. For these reasons, Madam ugees, and reaffirming the goals of World Ref- And I just want to include that on Speaker, I support Ambassador WAT- ugee Day. These are vulnerable people, peo- last Friday, we were at the State De- SON’s measure, and I urge its prompt ple in need. Let us not forget them or our partment. We had Abdul and his family adoption. promise to find an end to their plight. there. And along with our Secretary of Madam Speaker, I have no further re- Mr. MCMAHON. Madam Speaker, I rise State, we celebrated, and we com- quests for time, and I yield back the today in support of H. Res. 1350, recognizing mended those who were involved in balance of my time. June 20, 2010 as World Refugee Day. Ac- World Refugee Day. Ms. WATSON. Madam Speaker, I cording to the United Nations, more than 40 I urge my colleagues to support the want to thank my cosponsor. I think million people worldwide have been displaced bipartisan H. Res. 1350. that her stories, too, are very compel- from their respective lands. It is important that Madam Speaker, I reserve the bal- ling. We join strongly together on this we recognize the plight of those around the ance of my time. piece of legislation. globe who no longer have a place to call Ms. ROS-LEHTINEN. Madam Speak- Ms. JACKSON LEE of Texas. Madam home. er, I yield myself such time as I may Speaker, I rise in strong support of H. Res. The world refugee crisis is a widespread consume. 1350, recognizing June 20, 2010, as World tragedy, the result of political upheaval, war, Madam Speaker, I rise today as a Refugee Day. I thank my colleague, Ms. WAT- genocide, and natural calamities. And, as proud cosponsor of House Resolution SON, for introducing this resolution that re- much as world refugee day commends these 1350. And I want to thank my good minds us of the importance of protecting those brave individuals, it is also a tribute to those friend and colleague from California, who are vulnerable and finding a home for who devote their lives to relieve the suffering Ambassador WATSON, for introducing those who are displaced. of refugees. this worthy measure. The theme of this year’s World Refugee Unfortunately, the NGOs that provide much- Day on June 20, 2010 is ‘‘Home,’’ in recogni- needed services for refugees are working with b 1310 tion of the plight of more than 40 million up- a rapidly-growing population of refugees and This issue is important to me not rooted and displaced people around the world; under increasingly dangerous conditions. just as the ranking member of the For- approximately 10 million of whom are refugees Today, terrorism is one of the leading eign Affairs Committee or as a Member of special concern to UNHCR. causes of families being uprooted from their who represents one of the top 20 ref- As a Member of the Bipartisan Congres- homes. We see this phenomenon throughout ugee resettlement areas in the United sional Refugee Caucus, I have continuously Africa, Afghanistan and particularly in North- States, but also as a former refugee. stood up for the rights of the world’s refugees. west Frontier Province of Pakistan. Unfortu- Refugees have been a core component Today, there are more than 42 million refu- nately, millions now live in fear as Al-Qaeda of our wonderful Nation since its cre- gees, including 16 million refugees outside and the Taliban attempt to spread their extre- ation. Whether they were early colo- their countries and 26 million others displaced mism, while targeting those relief workers that nists fleeing religious persecution in internally. work to feed and clothe these victims. Europe or families of the 20th century This year, I am especially concerned for the This year there is added significance on fleeing Communist tyranny, as mine people of Haiti—many of whom are facing the World Refugee Day because 2010 is the 30th fled the Castro regime, refugees have rainy season without a suitable home. Accord- anniversary of the Refugee Act of 1980. With found in this great Nation safety, free- ing to Refugees International, approximately this resolution, tie United States will join over dom, and opportunity. 700,000 people in Port-au-Prince are without one hundred countries in recognizing the From the Displaced Persons Act of homes or proper shelter and another 600,000 struggles of those who have been displaced 1948 to the Refugees Act of 1980 until people have left the capital. from their homes and the NGO community today, I am proud of the work that I also welcome the announcement from the that works to help them. Congress has done over the years to United Nations High Commissioner for Refu- Alongside the United Nations, the U.S. De- keep refugee protection a priority of gees, Anto´nio Guterres, that 100,000 people partment of State is at the forefront of aiding our government. Traditionally, the having been referred for resettlement from the nongovernmental organizations in helping ref- United States has resettled more refu- Middle East to third countries since 2007. ugees. gees on an annual basis than the rest of From Iraq and Afghanistan, to Sudan and I urge the House of Representatives to keep the world combined. But our country the Congo, to Burma and Colombia, the in mind today the 40 million refugees across also lives up to its own highest ideals United Nations Refugee Agency, with ample the world, of which 17 million of whom are when we reach out overseas to help and support from the United States, manages to children. protect those most vulnerable of the support over 25 million. Indeed, these vulner- Madam Speaker, I encourage my col- vulnerables, those forced from their able individuals depend on the United States, leagues to stand up and recognize World Ref- home by persecution. Whether due to other governments, the United Nations and ugee Day and to ensure that the United States the ethnic, sectarian, or political con- other agencies for the protection of their basic continues to be an international leader in this flict in Africa or the Middle East, or re- human rights. regard.

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.055 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4707 Mr. JOHNSON of Georgia. Madam Speaker, Whereas on June 27, 1950, President Harry (1) recognizes the historical importance of I rise today to express my strong support of H. Truman ordered the United States Armed the 60th anniversary of the outbreak of the Res. 1350 which recognizes June 20, 2010 as Forces to help the Republic of Korea defend Korean War, which began on June 25, 1950; itself against the North Korean invasion; (2) honors the noble service and sacrifice of World Refugee Day. I want to thank Con- Whereas the hostilities ended in a cease- the United States Armed Forces and the gresswoman WATSON for her acknowledge- fire marked by the signing of the armistice armed forces of allied countries that served ment of this important day by introducing this at Panmunjom on July 27, 1953, and the pe- in Korea since 1950 to the present; resolution to Congress. ninsula still technically remains in a state of (3) encourages all Americans to participate The U.N. Refugee Agency defines a refugee war; in commemorative activities to pay solemn as a person who has fled their country of na- Whereas during the Korean War, approxi- tribute to, and to never forget, the veterans tionality and who is unable or unwilling to re- mately 1,789,000 members of the United of the Korean War; and turn to that country because of a ‘‘well-found- States Armed Forces served in theater along (4) reaffirms the commitment of the ed’’ fear of persecution based on race, reli- with the forces of the Republic of Korea and United States to its alliance with the Repub- 20 other members of the United Nations to lic of Korea for the betterment of peace and gion, nationality, political opinion or member- defend freedom and democracy; prosperity on the Korean Peninsula. ship in a particular social group. Hostilities Whereas casualties of the United States The SPEAKER pro tempore. Pursu- across the world make refugees truly a global during the Korean War included 54,246 dead ant to the rule, the gentlewoman from concern. Whether the refugees are fleeing (of whom 33,739 were battle deaths), more California (Ms. WATSON) and the gen- government oppression in Sudan or Iran, or than 103,284 wounded, and approximately tlewoman from Florida (Ms. ROS- fleeing intra-communal fighting, there needs to 8,055 listed as missing in action or prisoners LEHTINEN) each will control 20 minutes. be more attention given to these displaced of war; The Chair recognizes the gentle- and struggling individuals. I believe that this Whereas the Korean War Veterans Rec- ognition Act (Public Law 111–41) was enacted woman from California. resolution is an outstanding way to recognize on July 27, 2009, so that the honorable serv- the severity of refugees’ varying situations by GENERAL LEAVE ice and noble sacrifice by members of the Ms. WATSON. Madam Speaker, I ask celebrating World Refugee Day. United States Armed Forces in the Korean In fact, the reinstitution of many refugees War will never be forgotten; unanimous consent that all Members from abroad has happened within the 4th Dis- Whereas President Barack Obama issued a may have 5 legislative days to revise trict of Georgia. In 2000, Clarkston, Georgia proclamation to designate July 27, 2009, as and extend their remarks and include had the highest percentage of people from So- the National Korean War Veterans Armistice extraneous material on the resolution malia in the United States who sought refuge Day and called upon Americans to display under consideration. flags at half-staff in memory of the Korean The SPEAKER pro tempore. Is there here from this hostile region. Additionally, I am War veterans; very proud that numerous national, and inter- objection to the request of the gentle- Whereas since 1975, the Republic of Korea woman from California? national organizations servicing refugees call has invited thousands of American Korean the 4th District of Georgia and metropolitan At- War veterans, including members of the Ko- There was no objection. lanta home. rean War Veterans Association, to revisit Ms. WATSON. Madam Speaker, I rise Finally, refugees also affect our nation due Korea in appreciation for their sacrifices; in strong support of this resolution, to the fact the United States is the single larg- Whereas in the 60 years since the outbreak and I yield myself such time as I may est refugee resettlement country in the world. of the Korean War, the Republic of Korea has consume. emerged from a war-torn economy into one Madam Speaker, last week the House Therefore, I urge my colleagues to support H. of the major economies in the world and one Res. 1350 to express our support and protec- passed H.J. Res. 86, a joint resolution of the largest trading partners of the United commemorating the 60th anniversary tion for refugees internationally, as well as States; those now residing within our own nation’s Whereas the Republic of Korea is among of the Korean War. That resolution was borders. the closest allies of the United States, hav- introduced by the gentleman from New I urge my colleagues to support this impor- ing contributed troops in support of United York (Mr. RANGEL) and three other dis- tant resolution. States operations during the war, tinguished veterans of the Korean War: Ms. WATSON. I have no further re- Gulf war, and operations in Iraq and Afghan- the gentleman from Michigan (Mr. quests for time, Madam Speaker, and I istan, while also supporting numerous CONYERS), the gentleman from Texas United Nations peacekeeping missions (Mr. JOHNSON), and the gentleman from yield back the balance of my time. throughout the world; North Carolina (Mr. COBLE). The SPEAKER pro tempore. The Whereas since the end of the Korean War question is on the motion offered by era, more than 28,500 members of the United We had hoped that the Senate would the gentlewoman from California (Ms. States Armed Forces have served annually in take up and pass the House version of WATSON) that the House suspend the the United States Forces Korea to defend the the joint resolution and then send it rules and agree to the resolution, H. Republic of Korea against external aggres- over to the President for his signature Res. 1350, as amended. sion, and to promote regional peace; before tomorrow’s Korean War com- The question was taken; and (two- Whereas North Korea’s sinking of the memoration in Statuary Hall. How- South Korean naval ship, Cheonan, on March thirds being in the affirmative) the ever, the other body made a number of 26, 2010, which resulted in the killing of 46 technical corrections to their version rules were suspended and the resolu- sailors, necessitates a reaffirmation of the tion, as amended, was agreed to. United States-Korea alliance in safeguarding of the joint resolution subsequent to A motion to reconsider was laid on the stability of the Korean Peninsula; last week’s House action, and, as a re- the table. Whereas from the ashes of war and the sult, the only viable means for us to get the joint resolution to the Presi- f sharing of spilled blood on the battlefield, the United States and the Republic of Korea dent in a timely fashion was for the RECOGNIZING THE 60TH ANNIVER- have continuously stood shoulder-to-shoul- House to take up and pass the Senate SARY OF THE OUTBREAK OF der to promote and defend international Joint Resolution, which is the legisla- THE KOREAN WAR peace and security, economic prosperity, tion before us today. human rights, and the rule of law both on Madam Speaker, I urge all of my col- Ms. WATSON. Madam Speaker, I the Korean Peninsula and beyond; and move to suspend the rules and pass the Whereas beginning in June 2010, various leagues to support this resolution, and joint resolution (S.J. Res. 32) recog- ceremonies are being planned in the United I reserve the balance of my time. nizing the 60th anniversary of the out- States and the Republic of Korea to com- Ms. ROS-LEHTINEN. Madam Speak- break of the Korean War and reaffirm- memorate the 60th anniversary of the out- er, I yield such time as he may con- ing the United States-Korea alliance. break of the Korean War and to honor all Ko- sume to the gentleman from Indiana The Clerk read the title of the joint rean War veterans, including the Korean War (Mr. BURTON), who is the ranking mem- resolution. Veterans Appreciation Ceremony in the ber on the Foreign Affairs Sub- hometown of President Harry S. Truman, committee on the Middle East and The text of the joint resolution is as which will express the commitment of the follows: United States to remember and honor all South Asia. S.J. RES. 32 veterans of the Korean War: Now, therefore, Mr. BURTON of Indiana. I thank my Whereas on June 25, 1950, communist North be it good friend from Florida for yielding. Korea invaded the Republic of Korea with Resolved by the Senate and House of Rep- I would just like to say that South approximately 135,000 troops, thereby initi- resentatives of the United States of America in Korea has been one of our greatest al- ating the Korean War; Congress assembled, That Congress— lies ever since the Korean War. We

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.065 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4708 CONGRESSIONAL RECORD — HOUSE June 23, 2010 worked together during the war, along and in the bloody withdrawal from the dacity to publicly warn with the United Nations, to stop the icy Chosin Reservoir the following win- not to let the aircraft carrier USS expansion of communism throughout ter, they gave, in some cases, their last George Washington enter waters lying that area. And ultimately, there was a full measure of devotion. between the Korean peninsula and resolution of the problem, although it’s Names like Heartbreak Ridge, Pork China for a proposed joint U.S.-South still kind of tenuous, when they di- Chop Hill, Gloucester Valley, where Korean naval exercise. vided Korea along the 38th parallel. British, Belgian, and Philippine troops Well, we have news for Beijing: If you I have been over there and I have joined with their American comrades don’t want the USS George Washington seen what’s happened in Korea since in arms, echo down to us in the slowly in your backyard, then you had better the Korean War, and I have to tell you fading memories of aging warriors. rein in the bullies in Pyongyang. that there has never been a clearer Were their great sacrifices worth the Another sterling legacy of the For- case of freedom and democracy as op- cost, worth the blood, sweat, and tears gotten War is the vibrant Korean posed to a totalitarian Communist gov- of the boys of summer of 1950? One only American community. Immigrants ernment than in Korea. In Korea, has to look at the faces of those living from Korea over the past six decades North Korea is foundering. It’s under a in freedom in South Korea. One only have contributed immeasurably to the dictator. The Communist system has has to look at the gleaming towers of American mosaic, impacting positively created famine and a huge loss of life. the bright skyline of Seoul in contrast this Nation’s economic, educational, The tyranny there is unbelievable. And to the darkness, the impoverishment, scientific, and cultural life. Economic yet you just go south of the 38th par- and the fear that lies north of the 38th and trade ties have also boomed be- allel and you see a blossoming country, parallel to say thank God for those tween our two countries in the decades one that has done extremely well over brave men and women who risked all to since the war, ties which could be the past 60 years because of freedom save so many from Communist oppres- greatly invigorated by prompt congres- and democracy. sion. sional action on the proposed free trade I think that South Korea is one of agreement with South Korea. b 1320 the best allies that the United States Thus, it is perfectly clear that the has. And the one thing I would like to However, we were unable to help save world is a better place because of the add to this little discussion today is them all. One need only reflect on the heroism in Korea of the Boys of Sum- the need for us to expand our trade re- huddled refugees, crossing the vastness mer 60 years ago this month. The 60th lations with South Korea with a free of China on the underground ‘‘Seoul anniversary of the outbreak of war in trade agreement. That’s been lan- train.’’ Korea is an appropriate time to dem- guishing for a long time. And I would One need only think of the young onstrate that we continue to stand just like to say to my colleagues that’s North Korean women, escaping the with our South Korean allies. The peo- one of the things that can enhance our hopelessness of sexual bondage in ple of South Korea should be assured relationship with South Korea, and we China for freedom in South Korea, to that we stood with you in the summer need to get that thing passed as quick- know that those who answered Harry of 1950; we stood with you during the ly as possible. Truman’s call truly made a difference. recent Cheonan crisis; and we shall With that, I would just like to say I was a proud sponsor of the reau- stand with you until the day of peace- one more time, South Korea is one of thorization of the North Korean ful reunification with your abused and our best allies in that entire region and Human Rights Act during the last Con- besieged brethren in the north. a perfect example of where freedom and gress to help address some of those Madam Speaker, I strongly and en- democracy really works well. issues. thusiastically urge my colleagues to Ms. ROS-LEHTINEN. I thank my Today, dark clouds hang once again support this joint resolution. good friend from Indiana. I whole- over the Korean peninsula. The vibrant I reserve the balance of my time. heartedly agree with his remarks. economy and flourishing democracy of Ms. WATSON. Madam Speaker, I Madam Speaker, I yield myself such a South Korea which had risen from want to thank my colleague for her time as I may consume. the ashes of war is again under the strong support and giving us the back- I rise in strong support of this impor- threat of the tyrannical and belligerent ground for which this resolution was tant resolution which honors, as the north. introduced. inscription at the Korean War Memo- In March, in a clear violation of the I have the largest Korean, South Ko- rial reads, our ‘‘sons and daughters who armistice agreement, North Korea rean, community in the United States answered the call to defend a country launched another sudden, unprovoked in my district, all of Koreatown; and they never knew and a people they attack, torpedoing a South Korean they are struggling with the challenge never met.’’ naval vessel and murdering 46 young ahead of them. We are there behind On a predawn Sunday morning in South Korean sailors. And Pyongyang’s them to support them, and I want you June 1950, while the world slept and the provocation is not limited to military to know in August I will be going to church bells of Seoul had yet to ring, strikes. In actions which are clearly Korea. I invite my colleague to go with North Korea launched a sudden, those of a state sponsor of terrorism, us if she can spare the time. What we unprovoked military strike on the Re- North Korea sent a hit squad of agents do, we spread good will and let the public of Korea. President Harry Tru- to Seoul to assassinate a leading dis- South Koreans know how appreciative man, when he received the news, imme- sident and attempted to ship weapons we are with them coming here to diately returned to Washington and via Bangkok to designated terrorist or- America. And particularly in Los An- summoned his Cabinet. Within 48 ganizations Hamas and Hezbollah. geles, with their stimulating and vig- hours, the President had directed Gen- Madam Speaker, now is the time for orous entrepreneurship, they have eral Douglas MacArthur to undertake a our President to show some of the met- added so much to the culture, and that vigorous defense of South Korea and tle that defined our Nation 60 years ago added value makes us a little stronger. her people. The rest is history, history and stand up to the North Koreans by I hope that we can return the favor to of what has come to be known as The redesignating their country as a state add value to South Korea. Forgotten War. sponsor of terrorism. Our South Ko- Mr. MANZULLO. Madam Speaker, as the The conflict in Korea became the rean, Japanese, and Israeli allies are senior Republican on the Asia Subcommittee first test of the mettle of the West in depending on us to help shield them of the House Foreign Affairs Committee, I rise confronting Communist aggression in from North Korean provocations and in support of recognizing the 60th anniversary the Cold War. Over 50,000 of the boys weapons of mass destruction. of the Korean War and reaffirming the U.S.- and young men and women of the sum- In the crisis on the Korean peninsula, Korea alliance. During this time of anxiety on mer of 1950 who left for Korea did not Beijing has played a cynical game, the Korean peninsula, it is critical that Con- return, including over 33,000 who fell in calling for denuclearization of the Ko- gress sends a bipartisan message of solidarity combat. In the sweltering heat of that rean peninsula on one hand, and shield- with our friends in South Korea. summer, in the monsoon rains, on the ing its North Korean cronies on the The Korean War started on June 25, 1950, windswept expanse of the Yalu River, other hand. Beijing even had the au- when communist North Korean forces crossed

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.058 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4709 the infamous 38th Parallel in the attempt to Whereas the United States-Japan Treaty of Japan Self Defense Force unit to carry out force South Korea to submit to their regime. Mutual Cooperation and Security, a corner- disaster relief activities, specifically medical The U.S. and other allied nations successfully stone of United States security interests in activities, with regard to the earthquake of the Asia-Pacific region in general and of the January 2010; stopped and reversed the invasion by pro- United States-Japan alliance, specifically, Whereas North Korea’s escalating missile communist forces but at a high cost—over entered into force on June 23, 1960; and nuclear programs present a direct and 54,000 American deaths. It led to a divided Whereas the robust forward presence of the imminent threat to Japan, including long- peninsula that is still with us today. United States Armed Forces in Japan, in- range missiles fired over northern Japan on However, the 1953 Armistice agreement al- cluding in Okinawa, provides the deterrence August 31, 1998, and April 5, 2009; lowed a pocket of freedom to bloom. South and capabilities necessary for the defense of Whereas Japan has been a staunch ally in Korea is now a fully-fledged democracy, with Japan and for the maintenance of Asia-Pa- United States diplomatic efforts to cific peace, prosperity, and regional sta- competitive, freely held elections. In addition, denuclearize North Korea, having moved for- bility; ward United Nations Security Council Reso- South Korea is now the world’s 14th largest Whereas the United States-Japan alliance lution 1718 during Japan’s Presidency of the economy. Three years ago, I had the honor of has allowed the United States and Japan to United Nations Security Council in October hosting the South Korean Ambassador in become the world’s two largest economies, 2006; and northern Illinois. I was impressed with his with Japan occupying the position of the Whereas North Korea’s abduction of inno- quest to personally thank and honor as many United States fourth-largest trading partner; cent Japanese civilians during the 1970s and Korean War veterans as possible for their Whereas the United States-Japan alliance 1980s represents a continuing tragedy for the has encouraged Japan to play a larger role victims and their family members and must service and sacrifice. on the world stage and make important con- Unfortunately, South Korea is once again remain a major human rights concern of the tributions to stability around the world; United States Government: Now, therefore, threatened with war from the North if the Whereas the United States-Japan alliance be it United Nations reprimands North Korea for is based upon shared values, democratic Resolved, That the House of Representa- sinking a South Korean warship. This is out- ideals, free markets, and a mutual respect tives— rageous. The U.N. should not be intimated by for human rights, individual liberties, and (1) recognizes Japan as an indispensable se- such bellicose rhetoric. That is why this reso- the rule of law; curity partner of the United States in pro- lution is so important to reaffirm our commit- Whereas the hosting by Japan of approxi- viding peace, prosperity, and stability to the mately 36,000 members of the United States Asia-Pacific region; ment to the alliance with the Republic of Armed Forces has been a source of stability Korea for the betterment of peace and pros- (2) recognizes that the broad support and for both Japan and the Asia-Pacific region; understanding of the Japanese people are in- perity in the Korean peninsula. I urge my col- Whereas, on May 1, 2006, the United States- dispensable for the stationing of the United leagues to support S.J. Res. 32. Japan Roadmap for Realignment Implemen- States Armed Forces in Japan, the core ele- Ms. ROS-LEHTINEN. Madam Speak- tation (hereinafter referred to as ‘‘the Road- ment of the United States-Japan security ar- er, I have no further requests for time, map’’) was approved in which Japan agreed rangements that protect both Japan and the and I yield back the balance of my to provide $6,090,000,000 including Asia-Pacific region from external threats $2,800,000,000 in direct cash contributions, for and instability; time. projects to develop facilities and infrastruc- Ms. WATSON. Madam Speaker, I (3) expresses its appreciation to the people ture on Guam for the relocation of approxi- of Japan, and especially on Okinawa, for have no further requests for time, and mately 8,000 III Marine Expeditionary Force their continued hosting of the United States (MEF) personnel and their approximately I yield back the balance of my time. Armed Forces; 9,000 dependents from Okinawa to Guam; The SPEAKER pro tempore. The (4) encourages Japan to continue its inter- Whereas the Roadmap will lead to a new question is on the motion offered by national engagement in humanitarian, de- phase in alliance cooperation and reduce the the gentlewoman from California (Ms. velopment, and environmental issues; and burden on local communities, especially (5) anticipates another 50 years of WATSON) that the House suspend the those on Okinawa, thereby providing the unshakeable friendship and deepening co- rules and pass the joint resolution, S.J. basis for enhanced public support for the operation under the auspices of the United Res. 32. United States-Japan alliance; States-Japan Treaty of Mutual Cooperation The question was taken; and (two- Whereas the Guam International Agree- and Security. thirds being in the affirmative) the ment, signed by Secretary of State Hillary rules were suspended and the joint res- Rodham Clinton and then-Japanese Foreign The SPEAKER pro tempore. Pursu- olution was passed. Minister Hirofumi Nakasone on February 17, ant to the rule, the gentlewoman from A motion to reconsider was laid on 2009, reinforces the May 2006 Roadmap to re- California (Ms. WATSON) and the gen- align the United States Armed Forces in tlewoman from Florida (Ms. ROS- the table. Japan and strengthen the alliance; LEHTINEN) each will control 20 minutes. f Whereas, on May 28, 2010, the United States-Japan Security Consultative Com- The Chair recognizes the gentle- RECOGNIZING 50TH ANNIVERSARY mittee (SCC) reconfirmed its commitment to woman from California. OF UNITED STATES-JAPAN the 2006 Roadmap and the February 17, 2009, GENERAL LEAVE TREATY OF MUTUAL COOPERA- Guam International Agreement for the re- Ms. WATSON. Madam Speaker, I ask TION AND SECURITY alignment of the United States Armed unanimous consent that all Members Forces in Japan; Ms. WATSON. Madam Speaker, I may have 5 legislative days in which to Whereas the United States-Japan security revise and extend their remarks and in- move to suspend the rules and agree to arrangements underpin cooperation on a the resolution (H. Res. 1464) recog- wide range of global and regional issues as clude extraneous material on the reso- nizing the 50th anniversary of the con- well as foster prosperity in the Asia-Pacific lution under consideration. clusion of the United States-Japan region; The SPEAKER pro tempore. Is there Treaty of Mutual Cooperation and Se- Whereas Japan has contributed signifi- objection to the request of the gentle- curity and expressing appreciation to cantly to the stabilization of South Asia woman from California? with a pledge in November 2009 to provide the Government of Japan and the Japa- There was no objection. $5,000,000,000 in economic assistance to Af- Ms. WATSON. Madam Speaker, I rise nese people for enhancing peace, pros- ghanistan over the next 5 years, becoming in strong support of this resolution, perity, and security in the Asia-Pacific the second largest international contributor and I yield myself such time as I may region. to Afghanistan, and with a pledge in April consume. The Clerk read the title of the resolu- 2009 to provide $1,000,000,000 to Pakistan over This resolution commemorates the tion. the next 2 years; 50th anniversary of the United States- The text of the resolution is as fol- Whereas in 2010, Japan’s Maritime Self De- Japan Treaty of Mutual Cooperation lows: fense Force is sending a ship to Vietnam and Cambodia from May until July to partici- and Security, which entered into force H. RES. 1464 pate in the United States Navy’s Pacific on June 23, 1960. This treaty formed the Whereas January 19, 2010, marked the 50th Partnership, an annual medical aid mission basis for the presence of U.S. Armed anniversary of the signing of the United aimed at enhancing Asia-Pacific countries’ Forces in Japan, which has contributed States-Japan Treaty of Mutual Cooperation capabilities in disaster relief, extending med- and Security which has played an indispen- ical support, and carrying out cultural ex- to Japan’s security and prosperity and sable role in ensuring the security and pros- changes; to regional peace and stability. perity of both the United States and Japan, Whereas the Government of Japan pro- Our alliance with Japan has ad- as well as in promoting regional peace and vided rapid and selfless humanitarian aid to vanced American interests by ensuring stability; the Republic of Haiti, including sending a a stable balance of power in the Asia-

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Tensions were high in the Tai- Treaty of Mutual Cooperation and Security, ghanistan, pledging $5 million in eco- wan Strait, and the war in Vietnam and expresses appreciation to the Japanese nomic assistance over the next 5 years. was just then emerging on the horizon. government and people for their contribution A half century later, Asia, while now to peace, prosperity and security in the Asia- b 1330 the prosperous trading hub of the Pacific area of the world. I am proud of the Japan sent rapid humanitarian aid to world, is still dangerous. One need only legacy of this treaty, which has enabled the Haiti, and the Japanese Self-Defense look to the recent torpedoing of a U.S. and Japan to establish and maintain an Force provided medical relief following South Korean naval vessel by a reck- alliance that has been vital to the stability of the earthquake there this past Janu- less North Korea to recognize that the the Asia-Pacific region and the economic ary. Asia Pacific region is not yet truly pa- strength of both parties. Fifty years after the Japan to this day remains a steadfast cific. signing of the treaty, the U.S. can count Japan ally with the United States in com- Through all the perils in the Pacific, among its foremost allies. bating the nuclear threat from North the United States-Japan Treaty of Mu- Looking back at the American-Japanese re- Korea and responding to the North’s tual Cooperation and Security has lationship over the last century, the distance provocative behavior. stood as a cornerstone of a continued our nations have come from the wartime hos- The success of our alliance with regional peace and prosperity. None of tility of the 1940s and the tensions of the Japan would not have been possible this would be possible without the con- 1950s is praiseworthy and inspirational. without Japan’s broad support and un- tribution of the people of Japan, and Today, Japan is the fourth-largest trading part- derstanding, and I would like to thank especially those on Okinawa, through ner of the U.S., and the security and support the Government of Japan and the Japa- their continued hosting of our proud the U.S. has provided to Japan have enabled nese people, and especially the people U.S. Armed Forces. greater Japanese participation in humani- of Okinawa where I taught for 2 years, The smooth transition from bitter tarian, economic, and environmental issues at for their continued hosting of Amer- adversaries to full partners is a tribute home and abroad. ican Armed Forces in Japan. I taught to the resiliency and the farsightedness As the Japanese government takes com- the children of these Armed Forces. of two peoples on opposite sides of the mendable action toward the denuclearization While Japan is an important partner Pacific: the people of the United States of North Korea, it is important that the U.S. and friend and we agree on many im- and the people of Japan. The recent re- continue to aid Japan and its neighbor states portant issues, there is one important affirmation of the commitment to full in their stand against the North Korean re- matter on which we disagree: the issue implementation of the 2006 Roadmap gime. Japan has also shown exemplary lead- of American children taken to Japan and the Guam International Agree- ership in the Asia-Pacific region, contributing by one parent against the wishes of the ment for realignment of U.S. Armed generously to earthquake relief efforts in Haiti, other parent. This issue is a very real Forces in Japan is a concrete step for- economic programs in Afghanistan, and the and serious concern for those left-be- ward in cementing this crucial alli- U.S. Navy’s Pacific Partnership. hind parents and for those of us rep- ance. As the world’s two largest economic resenting them here in Congress. It is The mutual cooperation promised in powerhouses and staunch military allies, imperative that our two governments the treaty 50 years ago, however, ex- Japan and the U.S. have profited immeas- create the best possible situation for tends far beyond the Japanese islands. urably from the past 50 years of the Treaty of these tragic cases to be resolved, not When the U.S. looked for partners in Mutual Cooperation and Security. I look for- dealing with the aftermath of the dev- only for the sake of those families but ward to the future of the partnership of our two astating earthquake in Haiti earlier to ensure that U.S.-Japan relations nations, with high hopes for what we can ac- this year, Japan’s Self-Defense Forces continue on a positive trajectory. complish together. were there working with their Amer- I urge my colleagues to support this impor- As we commemorate this week the ican counterparts. tant resolution. 50th anniversary of our alliance with On the critical issue of the stabiliza- Ms. EDDIE BERNICE JOHNSON of Texas. Japan, we know that the importance of tion of the volatile situation in South Madam Speaker, I rise today in support of the this alliance remains as vital as ever, Asia, Japan has been a generous con- resolution recognizing the 50th anniversary of even if the treaty’s original Cold War tributor in economic assistance to both the conclusion of the United Sates-Japan backdrop has long faded from view. We Afghanistan and Pakistan. And Japan Treaty of Mutual Cooperation and Security only have to look at North Korea’s bel- has been a stalwart ally in our U.S. ef- and expressing appreciation to the Govern- ligerent actions over the past few years forts to end the proliferation of nuclear ment of Japan and the Japanese people for to be reminded of the relevance of the weapons and missile technology by the enhancing peace, prosperity, and security in U.S.-Japan security treaty. Now is the reckless regime in Pyongyang. the Asia-Pacific region. right time to pursue an ambitious, for- Both within the United Nations and The U.S.-Japan alliance has been tremen- ward-looking agenda to ensure that the during the Six-Party process in Bei- dously beneficial to our two nations. It has af- fundamentals of the alliance remain in jing, Japan has stood shoulder-to- firmed our shared values and bolstered peace place and to expand our security co- shoulder with its American ally in op- and stability in the Asia-Pacific region. This operation to meet the many challenges posing continued North Korean nuclear year, on the 50th anniversary of the establish- of the 21st century. brinksmanship. North Korean threats ment of the United Sates-Japan Treaty of Mu- I would like to thank my friend, the and aggression continue. We should im- tual Cooperation and Security, we have the distinguished gentlewoman from Flor- mediately re-list North Korea as a chance to celebrate all our two nations have ida (Ms. ROS-LEHTINEN), the ranking state sponsor of terrorism. This is both achieved and all we will achieve in the future. member of the House Committee on because of Pyongyang’s past abduc- Since its inception, the U.S.-Japan alliance Foreign Affairs, for introducing this tions of Japanese citizens and because has had to deal with an increasingly unpredict- resolution, and I urge all of my col- of North Korea’s continued links to able global security landscape. Throughout leagues to support this legislation. terrorist groups like Hezbollah and decades of Cold War to more recent terrorist Madam Speaker, I reserve the bal- Hamas. There is no greater signal that threats, our alliance has remained strong. This ance of my time. this administration can send to the lends a context of security that has allowed Ms. ROS-LEHTINEN. Madam Speak- Japanese people in this treaty anniver- the Asia-Pacific region to thrive. Thanks to this er, I yield myself such time as I may sary year than acting expeditiously to important alliance, we can anticipate greater consume. hold North Korea fully accountable for international cooperation in the future, both I rise in support of this resolution such terrorist activities. within Asia and between Asia and the U.S. recognizing the mutual benefits for the I join in the anticipation expressed in Another reason our alliance with Japan has United States and Japan of a treaty this resolution of another 50 years of been and continues to be so effective is that

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It allowed a country devastated by war to dent-elect of Colombia; great nations, we are also reiterating our com- eventually become the fourth largest economy Whereas Colombia has overcome tremen- mitment to provide needed humanitarian relief in the world and the fourth largest export mar- dous challenges to build their democracy; in the Asian-Pacific region and all over the ket for U.S. products. and world. I deeply appreciate and value our strategic Whereas Colombia remains a vital ally and Madam Speaker, I am proud to support this and economic relationship with Japan. Despite friend of the United States: Now, therefore, resolution honoring our alliance with Japan the change in the Japanese government, this be it Resolved, That the House of Representa- and expressing our heartfelt thanks to the gov- agreement still remains as a cornerstone of ernment of Japan and the Japanese people. tives— our relationship. I was greatly honored that the (1) reaffirms the longstanding friendship Mr. MCMAHON. Madam Speaker, I rise Japanese Ambassador paid a visit to northern and alliance between the United States and today to support H. Res. 1464, a Resolution Illinois last April where we saw first-hand the Colombia; recognizing the 50th anniversary of the United role that Japanese foreign investment played (2) recognizes Colombia’s commitment to States-Japan Treaty of Mutual Cooperation in saving many jobs in this region, such as the the democratic process as demonstrated by and Security and expressing appreciation to Nissan forklift manufacturing facility in the free and fair nature of these multiparty, the Government of Japan and the Japanese Marengo. We also examined possible new op- internationally recognized elections; and people for enhancing peace, prosperity, and (3) congratulates President-elect Juan portunities for trade and investment. Manuel Santos on his recent victory in Co- security in the Asia-Pacific region. I want to commend my ranking Member, For over 50 years, Japan has served as one lombia’s June 20, 2010, presidential election. Representative ROS-LEHTINEN, for bringing this of our most dependable and consistent allies. The SPEAKER pro tempore. Pursu- resolution to the floor today. I urge my col- ant to the rule, the gentlewoman from The nation has hosted over 36,000 members leagues to support H. Res. 1464. California (Ms. WATSON) and the gen- of the United States Armed Forces, promoting Ms. ROS-LEHTINEN. Madam Speak- tlewoman from Florida (Ms. ROS- regional stability and security in the Asia-Pa- er, I have no further requests for time, LEHTINEN) each will control 20 minutes. cific region. Japan has been a staunch sup- and I yield back the balance of my porter in our efforts to denuclearize North The Chair recognizes the gentle- time. woman from California. Korea. The nation has recently emerged as a Ms. WATSON. Madam Speaker, I GENERAL LEAVE proactive force in rebuilding third world coun- have no further requests for time, and Ms. WATSON. Madam Speaker, I ask tries in efforts to curtail the influence of terror I yield back the balance of my time. unanimous consent that all Members cells. In November of 2009, Japan pledged The SPEAKER pro tempore. The may have 5 legislative days to revise over six billion dollars in economic assistance question is on the motion offered by and extend their remarks and include to Pakistan and Afghanistan in support of our the gentlewoman from California (Ms. extraneous material on the resolution missions in those countries. This special alli- WATSON) that the House suspend the under consideration. ance has allowed Japan to establish a promi- rules and agree to the resolution, H. The SPEAKER pro tempore. Is there nent role in the global community, further con- Res. 1464. objection to the request of the gentle- tributing to regional and global stability. The question was taken. woman from California? The U.S.-Japan alliance has bolstered both The SPEAKER pro tempore. In the There was no objection. nations, making them two of the world’s larg- opinion of the Chair, two-thirds being est and most influential economies. Mutual co- in the affirmative, the ayes have it. b 1340 operation has made Japan our fourth-largest Ms. WATSON. Madam Speaker, I ob- Ms. WATSON. Madam Speaker, I rise trading partner. Apart from strengthening trade ject to the vote on the ground that a in strong support of this resolution, with the U.S., Japan has aided our inter- quorum is not present and make the national initiatives as well. Japan provided and I yield myself such time as I may point of order that a quorum is not over six billion dollars to Guam to develop in- consume. present. Madam Speaker, last month, Colom- frastructure and facilities. This valuable ally The SPEAKER pro tempore. Pursu- bia held the first round of their presi- supports not only our economy, but those of ant to clause 8 of rule XX and the dential elections. In an outcome that our allies as well. Chair’s prior announcement, further I am pleased with what Japan has grown to surprised many observers, the Green represent. Japan is a beacon of democratic proceedings on this motion will be Party and the National Unity Party thought and practice in the Asia-Pacific region. postponed. both failed to receive an outright ma- The point of no quorum is considered The Japanese government shares our ideals, jority of the votes, so a runoff was re- values, and commitment to civil liberties. De- withdrawn. quired this past Sunday. Over 13 mil- spite the constant challenges facing the inter- f lion Colombians participated in the national community and the region, Japan has REAFFIRMING FRIENDSHIP AND second round, with former Defense held steadfast in her commitment to egali- ALLIANCE BETWEEN THE Minister Juan Manuel Santos receiving tarian values and world peace. UNITED STATES AND COLOMBIA 69 percent of the vote and becoming the Madam Speaker, I urge my colleagues in President-elect of Colombia. Ms. WATSON. Madam Speaker, I the House of Representatives to join me today With this resolution, the House of move to suspend the rules and agree to in recognizing and supporting our continuing Representatives honors the Colombian alliance by supporting this Resolution. the resolution (H. Res. 1465) reaffirm- people and their commitment to de- Mr. MANZULLO. Madam Speaker, I rise in ing the longstanding friendship and al- mocracy. Since gaining its independ- support of recognizing the 50th anniversary of liance between the United States and ence from Spain in 1819, Colombia has the U.S.-Japan Treaty of Mutual Cooperation Colombia. remained democratic, sometimes as an and Security. This agreement laid the corner- The Clerk read the title of the resolu- outlier in this region. We applaud the stone for reintegrating Japan into the commu- tion. free and fair nature of these nity of free nations and helped insure Japan’s The text of the resolution is as fol- multiparty, internationally recognized long-term security and prosperity. It also re- lows: elections. sulted in formerly establishing an alliance that H. RES. 1465 Colombia is not without problems, facilitates the forward deployment of about Whereas nearly 15,000,000 Colombians par- some of them significant. The human 36,000 U.S. troops and other U.S. military as- ticipated in the first round of Colombia’s rights situation in Colombia leaves sets in the Asia-Pacific to undergird U.S. na- presidential elections on May 30, 2010; much to be desired, and Colombia has tional security strategy in the region. Too Whereas no candidate received an outright over 3 million internally displaced peo- majority of the vote, thereby requiring a ples, second in the world only to Sudan many times, we take our friends for granted. runoff election between Juan Manuel Santos It wasn’t obvious 50 years ago that this agree- and Antanas Mockus, the two candidates as a result of its long struggles with ment would pass the Japanese Diet. But on with the highest vote totals; armed groups that the United States June 19, 1960, this agreement became oper- Whereas Juan Manuel Santos, of the Na- and most of the world considers terror- ational after much boisterous opposition. tional Unity Party, received 46.7 percent of ists. While these issues must remain on

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.069 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4712 CONGRESSIONAL RECORD — HOUSE June 23, 2010 the front burner of our common agen- Ms. ROS-LEHTINEN. Madam Speak- lombian workers are safer now than da, it is important to recognize that er, I am pleased to yield 2 minutes to ever before. Despite this progress, Co- Colombia remains an important friend the gentleman from (Mr. lombia faces real challenges. Venezuela and ally of the United States, and their MORAN), the ranking member on the has imposed a trade embargo because resilience in the long hemispheric bat- Agriculture Subcommittee on General of Colombia’s strong support for the tle against narcotrafficking is worthy Farm Commodities and Risk Manage- United States, severely damaging the of respect and admiration. ment. Colombian economy. We have a power- As we congratulate President-elect Mr. MORAN of Kansas. I thank the ful tool to help Colombia weather the Juan Manuel Santos on this victory in gentlewoman from Florida for yielding. embargo, the U.S. Free Trade Agree- Colombia’s June 20, 2010, presidential I traveled to Colombia in April of ment with Colombia. With this agree- election, we have every expectation 2008 to see our U.S.-Colombia partner- ment, the United States would provide that he and his new administration ship at work. Colombia has overcome both economic and political support for will continue the tradition of a strong many, many challenges and more re- a truly democratic government and a relationship with the United States. main, and it’s essential that the United longstanding ally. Unfortunately, Dem- Madam Speaker, I urge my col- States continue a positive relationship ocrats in Congress have denied us even leagues to support this resolution. with this critical ally in South Amer- the opportunity for a simple up-or- I reserve the balance of my time. ica. down vote on the agreement. But other Ms. ROS-LEHTINEN. Madam Speak- While it’s good we’re here today to countries aren’t standing still. They er, I yield 3 minutes to my good friend, discuss and pass this nonbinding reso- are reaching agreements with Colom- the gentleman from Florida (Mr. MARIO lution in support of Colombia, the bet- bia, racing ahead to put their workers DIAZ-BALART), a member of the Budget, ter way to show our support for the Co- and their businesses ahead of ours. Science and Technology, and Transpor- lombian people is to approve a still Just yesterday, the Canadian Legisla- tation Committees. pending—4 years now—trade agree- ture ratified the Canada-Colombian Mr. MARIO DIAZ-BALART of Flor- ment. It has been nearly 4 years since Trade Agreement. That agreement ida. I thank the ranking member of the the FTA, the free trade agreement, was could go into effect in just a few Foreign Affairs Committee from my signed, and yet Congress has failed to months. Colombia is negotiating agree- Florida delegation, Congresswoman act. The longer we wait to approve the ments with Europe, Panama, and ILEANA ROS-LEHTINEN, for yielding. free trade agreement, the more we al- South Korea, as a result, American I rise to strongly support this impor- ienate this important ally and harm workers are falling behind. tant resolution. This past Sunday, as the American economy. There is no credible reason to oppose we have just heard, 20 million of Co- Currently, over 90 percent of Colom- the U.S.-Colombia Trade Agreement. It lombia’s citizens turned out to the bian goods enter our country duty free, levels the playing field for American polls and elected former Defense Min- but U.S. goods, including wheat and workers, creating over $1 billion in new ister Juan Manuel Santos as President other agriculture commodities, are as- U.S. sales to Colombia. The bill im- with a resounding 69 percent of the sessed at significant tariffs upon their poses stronger labor protections for Co- vote. And yet the true champion and entry to Colombia. If the Colombian lombian workers, which is why thou- the true winners of this presidential Free Trade Agreement was approved, sands of union workers in Colombia election were who? The Colombian peo- duties on U.S. wheat would imme- support the agreement. And it dem- ple and democracy as a whole were the diately be eliminated, creating new op- onstrates America’s commitment to a winners and, yes, the United States of portunities for wheat exports. valuable and longstanding ally. America, because the Colombian people It’s harvest time in Kansas, and new The administration says it wants to not only elected someone who I know market access is critical for Kansas increase U.S. exports, create jobs, and will lead them with brilliance, but also wheat farmers who are encountering ensure strong U.S. foreign policy, but a person who understands the special growing wheat supplies and declining none of this is credible while it ignores ties between Colombia and the United prices. Unable to move wheat on the the U.S.-Colombia Trade Promotion States of America. world market, grain elevators are drop- Agreement and does not make it ready Madam Speaker, words are impor- ping cash prices paid to our local farm- for a vote in Congress. tant, but so are actions. It is now also ers. [From the Washington Post, Tuesday, June time—yes, we have to pass this impor- I support this resolution, but it is not 22, 2010] tant resolution, but we also have to a substitute for what we ought to be WILL WASHINGTON TREAT COLOMBIA’S SANTOS bring forward to this House the free doing, approving the U.S.-Colombia AS AN ALLY? trade deal with Colombia that has been Free Trade Agreement. Juan Manuel Santos has demonstrated lingering and just waiting for congres- Ms. ROS-LEHTINEN. Madam Speak- that pro-American, pro-free-market politi- sional action. er, I am so honored to yield 2 minutes cians still have life in Latin America. Mr. Colombia is a strong ally, they’ve to the gentleman from Texas (Mr. Santos, who romped to victory in Colombia’s done everything right. The people have BRADY), the ranking member on the presidential runoff on Sunday, has no inter- once again spoken—with huge num- House Ways and Means Subcommittee est in courting Iran, unlike Brazil’s Luiz ´ bers—and supported a person who Ignacio Lula da Silva. He has rejected the on Trade who has been a proud pro- authoritarian socialism of Venezuela’s Hugo again has been pushing for the free ponent of passing the U.S.-Colombia Cha´ vez. A former journalist with degrees trade deal just like his predecessor, the Free Trade Agreement. from the University of Kansas and Harvard, current President of Colombia, Presi- Mr. BRADY of Texas. I thank the he values free media and independent courts. dent Uribe, who again has dem- gentlelady for her leadership and for His biggest priority may be ratifying and im- onstrated great leadership. yielding. plementing a free-trade agreement between It’s time that we bring up the free I want to congratulate the Colom- Colombia and the United States. trade deal, it’s time that we passed the bian people and President-elect Santos So the question raised by Mr. Santos’s free trade deal, it’s time that not only on a successful and democratic elec- election is whether the Obama administra- tion and Democratic congressional leaders do we shower Colombia with kind tion. Madam Speaker, I would like to will greet this strong and needed U.S. ally words, but that we show with our ac- enter into the RECORD this editorial with open arms—or with the arms-length tion, this Congress, that we do care for from The Washington Post calling on disdain and protectionist stonewalling to democracy, that we understand that we the administration and congressional which they subjected his predecessor, A´ lvaro have to support our allies, none more Democrats to support the incoming Uribe. important than Colombia. It’s time to Santos administration by acting on the Mr. Uribe will leave office in August as one pass the free trade deal with Colombia, U.S.-Colombia Trade Promotion Agree- of the most successful presidents in modern Latin American history, though you would and in the meantime, I urge your sup- ment. never know it from listening to his critics in port of this important resolution. President-elect Santos will continue Washington. He beefed up Colombia’s army Ms. WATSON. Madam Speaker, I the great work done by President Uribe and economy, and smashed the terrorist have no further requests for time, and to strengthen the rule of law and im- FARC movement; murders have fallen by 45 I reserve the balance of my time. prove the lives of all Colombians. Co- percent and kidnappings by 90 percent during

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Venezuela and Nicaragua, we have al- of folks who don’t care much for the Colombia has nevertheless been treated ready seen both Hugo Chavez and Dan- United States, but the Colombian peo- more as an enemy than friend by congres- iel Ortega pulling out all the stops to ple are our allies, not only politically, sional Democrats, who have steadily reduced question their opposition. From the but also, they like Americans for who U.S. military aid and worked assiduously to media to the courts, Chavez and Ortega we are. They support us, and we should block the free-trade agreement Mr. Uribe ne- have no shame in their abject dismissal support them. gotiated with the Bush administration. The of the democratic processes in their It was a good day for democracy Obama administration, which has courted countries. However, as critical as it is Mr. Lula and sought to improve relations when President Santos was elected this with Venezuela and Cuba, has been cool to to call out those who affront the prin- past weekend. We should show Colom- Colombia, recommending another 11 percent ciples of a democratic society, it is bia and the rest of the world that we reduction in aid for next year and keeping equally important to recognize those support this democracy in South Amer- the trade agreement on ice. who embrace them, which is why we ica. We should also support the Colom- Mr. Santos’s election offers an opportunity are here today, Madam Speaker, stand- bian-American Free Trade Agreement. to revitalize the relationship. As defense ing in support of House Resolution 1465. This is an important agreement to minister, he demonstrated a commitment to Colombia represents to many the show that we mean business in sup- addressing the human rights concerns that light at the end of the tunnel. Colom- troubled some in Congress. He has pledged to porting another democracy. Rather seek better relations with both Venezuela bia shows that, with hard work, deter- than talking about trading with the and Ecuador, despite the material support mination and a commitment to funda- Chinese, we ought to talk about trad- those countries have provided to the FARC. mental freedoms, a democracy can ing with democracies. This is one of Ratification of the free-trade agreement flourish no matter what the odds. In- those democracies, and it is being would serve the administration’s stated goal stead of falling into a deep division, stalled for political reasons. of boosting U.S. exports while bolstering a Colombia is ascending the peak of free- We need to support this. We need to nation that could be an anchor for democ- dom and democracy. I have no doubt pass it through this House and to make racy and political moderation in the region. It would also allow the administration and that the vital alliance between our sure that the Colombians know that we Congress to demonstrate that friends of the country and Colombia is poised to be- mean, in word and deed, that they are United States will be supported and not come ever closer and more successful our ally, especially our ally in free scorned in Washington. than ever under the leadership of Presi- trade. So I commend this resolution. Ms. ROS-LEHTINEN. Madam Speak- dent-elect Santos, and I remain ever We must make sure that we support de- er, I yield myself such time as I may hopeful that this alliance will soon in- mocracy anywhere it occurs in the consume. clude the passage of the U.S.-Colombia world, and we must support freedom as Madam Speaker, I rise today as the Free Trade Agreement. well. Let’s move a step forward, and proud author of the resolution before Colombia has enormous potential for let’s move forward with the free trade us, House Resolution 1465, which reaf- U.S. businesses, especially in my home agreement with our friends, our allies, firms the longstanding friendship and State of Florida. Miami had nearly $6 and our neighbors in Colombia. the deep alliance between the United billion in total trade with Colombia Ms. ROS-LEHTINEN. Madam Speak- States and Colombia. last year alone. Signed nearly 4 years er, I thank my good friend from Texas. ago, the FTA is one of the easiest, I have no further requests for time, b 1350 most obvious steps that Congress can Madam Speaker, and I yield back the Furthermore, it recognizes our take to expand these important eco- balance of my time. shared commitment to democracy, and nomic ties. Ms. WATSON. Madam Speaker, I it congratulates Juan Manuel Santos We can ask for no better partner or yield back the balance of my time. as President-elect of Colombia. trusted ally than the people of Colom- The SPEAKER pro tempore. The In Colombia, we have seen the impos- bia. Its commitment to the democratic question is on the motion offered by sible become possible. Once under siege process, as demonstrated by this week- the gentlewoman from California (Ms. by extremist groups and drug cartels, end’s free, fair, and transparent elec- WATSON) that the House suspend the the people of Colombia and its govern- tion, shows what can be accomplished rules and agree to the resolution, H. ment have transformed a dark past when the basic tenets of liberty are af- Res. 1465. into a promising bright future. The re- forded to the people of a nation. The question was taken; and (two- cent Presidential elections in Colombia In closing, Madam Speaker, I would thirds being in the affirmative) the are a testament to this progress and like to congratulate President-elect rules were suspended and the resolu- demonstrate the confidence that the Santos on this momentous occasion, tion was agreed to. people of Colombia have in President- and once again, I would like to recog- A motion to reconsider was laid on elect Santos. Receiving 69 percent of nize the unbreakable ties between the the table. the vote, President-elect Santos has a people of the United States and Colom- f clear mandate to continue much of the bia. progress seen under President Uribe. I am so pleased to yield 2 minutes to CALLING FOR RELEASE OF Following his victory on Sunday, the gentleman from Texas—they only ISRAELI SOLDIER BY HAMAS President-elect Santos said, ‘‘Colombia come that way in Texas—Judge POE, Mr. ACKERMAN. Madam Speaker, I is leaving its nightmare. The FARC’s an esteemed member of our Committee move to suspend the rules and agree to time has run out. No more useless con- on Foreign Affairs. the resolution (H. Res. 1359) calling for frontations, no more divisions. The Mr. POE of Texas. I thank the gentle- the immediate and unconditional re- time has arrived for union. The time woman from Florida for yielding some lease of Israeli soldier Gilad Shalit has arrived for work, employment and time. held captive by Hamas, and for other entrepreneurialism.’’ Madam Speaker, this is an important purposes, as amended. Juan Manuel Santos’ professed com- resolution. It puts the United States on The Clerk read the title of the resolu- mitment to the values of freedom and record as to where we stand in our part tion. demonstrated ability to stand up to ex- of the world when it comes to democ- The text of the resolution is as fol- tremists stands in stark contrast to racy and in supporting our allies. Co- lows: the tyrannical and destabilizing agen- lombia is an ally of the United States. H. RES. 1359 das of dictators in the region. Further, When I was in Colombia in April, Whereas Congress previously expressed its the free and fair nature of the down in the jungle with the narcotics concern for missing Israeli soldiers in Public multiparty, internationally recognized police—with General Patino—helping Law 106–89 (113 Stat. 1305; November 8, 1999), Presidential election in Colombia and watching how they fight the car- which required the Secretary of State to serves as an important reminder to tels and FARC, I learned from the Co- raise the status of missing Israeli soldiers

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.067 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4714 CONGRESSIONAL RECORD — HOUSE June 23, 2010 with appropriate government officials of democratic, viable, and independent Pales- ashamed of it. We shouldn’t hesitate to Syria, Lebanon, the Palestinian Authority, tinian state living in peace alongside of the believe them when they say they hate and other governments in the region, and to State of Israel; Jews and they’re trying to destroy submit to Congress reports on those efforts (C) its ongoing concern and sympathy for Israel and they want to create an Is- and any subsequent discovery of relevant in- the family of Gilad Shalit and the families of formation; all other missing Israeli soldiers; and lamic theocracy in Palestine. Just look Whereas the House of Representatives (D) its full commitment to continue to at what they’ve done in Gaza. passed H. Res. 107 on March 13, 2007, regard- seek the immediate and unconditional re- For those who believe in universal ing Gilad Shalit and other Israeli soldiers at- lease of Gilad Shalit and other missing human rights and religious rights and tacked and captured by terrorists; Israeli soldiers; freedom, Hamas is your enemy. If you Whereas Israel completed its withdrawal (3) recalls— believe in peace and two states for two from Gaza on September 12, 2005; (A) the barbaric attack on and kidnapping peoples, these are your foes. If you be- Whereas on June 25, 2006, contrary to inter- of the bodies of Ehud Goldwasser and Eldad lieve kidnapping and extortion are in- national humanitarian standards and the Regev on July 12, 2006, by the Iran-supported excusable and detonating a bomb full most basic standards of humanitarian con- terrorist group Hezbollah; and duct, the Foreign Terrorist Organization (B) the missing Israeli soldiers Zecharya of nails and ball bearings inside a city Hamas, together with allied terrorists, Baumel, Zvi Feldman, and Yehuda Katz, bus or restaurant is barbaric, these are crossed into Israel to attack a military post, missing since June 11, 1982, Ron Arad, who your adversaries. If you believe that killing two soldiers and wounding and kid- was captured on October 16, 1986, Guy Hever, firing rockets at homes and kinder- napping a third, Gilad Shalit, in a blatantly last seen on August 17, 1997, and Majdy gartens filled with young kids is abso- extortionate effort to coerce the Government Halabi, last seen on May 24, 2005; and lutely indefensible, and that teaching of Israel; (4) condemns— Whereas Hamas, contrary to international hate to children is monstrous, these (A) Hamas for the grossly immoral cross- are your opponents. If you support the humanitarian standards and the most basic border attack and kidnapping of Gilad standards of humanitarian conduct, has pre- Shalit; and Palestinian Authority and President vented access to Gilad Shalit by competent (B) Iran and Syria, the primary state spon- Abbas and Prime Minister Fayad are medical personnel and representatives of the sors and patrons of Hamas, for their ongoing Palestinian’s best chance of statehood, International Committee of the Red Cross; support for international terrorism. Hamas is the opposition. If you support Whereas Hamas, contrary to international a democratic Jewish State of Israel and humanitarian standards and the most basic The SPEAKER pro tempore. Pursu- standards of humanitarian conduct, has ant to the rule, the gentleman from want to see Prime Minister Netanyahu failed to provide Gilad Shalit the humane New York (Mr. ACKERMAN) and the gen- take chances for peace, Hamas is the treatment to which all captives are entitled tlewoman from Florida (Ms. ROS- enemy desperate to ensure that he as a fundamental human right; LEHTINEN) each will control 20 minutes. never will. If you want the United Whereas Hamas, contrary to international The Chair recognizes the gentleman States to be active in helping Israelis humanitarian standards and the most basic from New York. and Palestinians to make peace, Hamas standards of humanitarian conduct, has re- Mr. ACKERMAN. I yield myself such are the people working against our fused to provide Gilad Shalit with regular every effort. contact with his family or any other party, time as I may consume. or to allow his family to know where he is I want to thank my good friend, the Gilad Shalit is just one soldier, but being held; chairman of the Foreign Affairs Com- his captivity tells you everything you Whereas Hamas, contrary to international mittee, for his support for this resolu- need to know about Hamas. As the res- humanitarian standards and the most basic tion and for its consideration by the olution makes clear, contrary to both standards of humanitarian conduct, has com- House today. international humanitarian law and pelled Gilad Shalit to appear in video and Madam Speaker, Gilad Shalit is not the most basic standards of human voice recordings intended to extort and co- an American. He is an Israeli soldier conduct, Hamas has prevented all ac- erce the Government of Israel; cess to Gilad Shalit by competent med- Whereas Hamas, contrary to the most who has been held captive by Hamas basic standards of humanitarian conduct, for 4 years. ical personnel and the representatives of the International Committee of the has staged plays and produced cartoons and b 1400 animated movies that have mocked Shalit, Red Cross. They’ve done this time and his captivity, and his family, and have prom- His parents are not Americans. I time again. And, Madam Speaker, ised further kidnappings of Israeli soldiers; don’t know that he’s ever even been to they’ve just done it again today. and the United States. But I would contend They’ve denied him the humane treat- Whereas Gilad Shalit has been held in cap- that, nonetheless, he’s one of us. Why? ment to which any captive is entitled; tivity by Hamas for almost 4 years: Now, Most simply, because he is a soldier therefore, be it they’ve barred any communication by Resolved, That the House of Representa- serving in the army of a fellow democ- him with his family; and they’ve com- tives— racy, a long-standing ally that is fight- pelled him to appear on propaganda (1) demands that— ing a war of survival against an Ira- videos. Each of these unconscionable (A) Hamas immediately and uncondition- nian-backed radical Islamist terror or- choices demonstrates the amoral and ally release Israeli soldier Gilad Shalit; and ganization explicitly committed to the depraved character of Hamas. (B) Hamas accede to international humani- destruction of the Jewish State and the These allegedly religious militants tarian standards and the most basic stand- annihilation of all Jews in Israel. are nothing but thugs. Nothing more. ards of humanitarian conduct by— Some may doubt that such shocking, (i) allowing prompt access to Gilad Shalit They hold up all kinds of banners, and by competent medical personnel and rep- vicious bigotry is really possible in the they champion all kinds of causes, and resentatives of the International Committee year 2010. It’s not merely possible, and they claim all kinds of mandates. But of the Red Cross; it’s not an overstatement. It’s reality. their real goal is power and their true (ii) providing Gilad Shalit the humane On June 11, not even 2 weeks ago, intention is a disruption of the State of treatment all captives are entitled to as a Hamas authorities in Gaza broadcast Israel. fundamental human right; the following ceremony—and this is a Against their enterprise of darkness (iii) facilitating regular communication by quote directly from that sermon: and hatred and bloodshed, we need to Gilad Shalit with his family and allowing his ‘‘Whoever believes that our battle with stand up with both Palestinians and family to know where he is being held; and (iv) ceasing to compel Gilad Shalit to ap- the Jews and the crusaders has sub- Israelis for a different vision and a dif- pear in video and voice recordings intended sided or is dormant is living in delu- ferent future—one where Israelis and to extort and coerce the Government of sions. The Jews are convinced that Palestinians live side by side in peace; Israel; their annihilation and the destruction where the City of Jerusalem is a city of (2) expresses— of their State will never be accom- coexistence and tolerance; where the (A) its vigorous support and unwavering plished by secular, reactionary, Pan- lost and the missing—all of them—all commitment to the welfare, security, and Arabic, or Baathist regimes. Their an- of them—are returned to their families survival of the State of Israel as a Jewish nihilation and the destruction of their and their people. It is this vision that and democratic state within recognized and secure borders; State will only be achieved through motivates us, that mobilizes us to (B) its strong support and deep interest in Islam.’’ It goes on. But that was the work so hard to achieve peace for oth- achieving a resolution of the Israeli-Pales- basis of the Hamas sermon. That’s the ers. And it is within this vision of a tinian conflict through the creation of a Hamas world view. And they’re not better future that we keep faith with

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Hamas has even forced him er, I yield myself such time as I may Forces and who have spent many anx- to appear in a video that was used to consume. ious nights hoping and praying for the pressure the Israeli Government into Since its creation over 6 decades ago, safe return of their loved one. It reso- making concessions in exchange for his our ally Israel has been under siege nates directly with many of us who release. from those who seek its destruction. have had children and other family The conditions of his detainment are Israel’s enemies, refusing to accept the members and friends who, in the serv- illegal, they are deplorable, and they existence of the Jewish State, have in- ice of our Nation, have been in harm’s are immoral. For some reason, though, vaded Israel’s borders and sought to way. the world bombards Israel with criti- wipe it off the map. They have As Israel continues to seek Gilad cism for the simple act of defending its launched missiles at Israeli civilians. Shalit’s freedom, we in the United citizens, while Hamas continues to vio- They have sent homicide bombers to States must continue to stand with our late human rights day after day. It is massacre innocent Israelis on buses, in indispensable ally. For all of these rea- unjust, and it ultimately puts all schools, in synagogues, in restaurants, sons, Madam Speaker, I rise today in peace-loving people at risk. Where is in hotels. They have desecrated wed- strong support of House Resolution the U.N. with its outrage? Where is the ding celebrations and Passover seders 1359, which reaffirms our demand for Arab world? Where are our European with acts of mass murder, turning days Gilad Shalit’s immediate and uncondi- allies? The world leaps to condemn of joy into days of mourning. And they tional release. Israel whenever it is put in the unten- have killed or kidnapped Israeli sol- I would like to thank the chairman able situation of defending itself diers. and the ranking member of the Sub- against terrorism. Where is the outrage These bloody acts were taken not to committee on the Middle East and against the continuous inhuman behav- build a better life for the future of the South Asia, Mr. ACKERMAN and Mr. ior of Hamas, a recognized terrorist or- Palestinians, but to wipe out any fu- BURTON, for introducing this resolu- ganization? Where is the outrage ture for the Israelis and to destroy the tion. I ask that the House join us in against Hamas as it continues to hold Jewish State. Of course, at present, the voting in favor of this resolution and in Gilad Shalit, a young man just doing greatest threats to Israel’s security support of further measures to address his duty? Just this week, Israel took and its very existence are posed by the the comprehensive threat posed on our enormous risks by easing their nec- rogue regimes of Iran and Syria, as Nation and to our ally Israel by Iran, essary and legal blockade of Gaza. It is well as by their violent extremist prox- by Syria, and by their militant proxies. time—indeed, Madam Speaker, it is ies, such as Hamas and Hezbollah. This well past time—for Hamas to show b 1410 is the context for this important reso- some human decency and release Gilad lution before us today. Among the steps the United States Shalit back to his family. On June 25, 2006, as part of its long- should take is to stop the failed poli- I am the mother of a son named Sam standing war against the Jewish State, cies of engagement with the Syrian and who is the exact same age as Gilad Hamas crossed into Israel and attacked Iranian regimes which have not ad- Shalit. I can only imagine what that an Israeli military post, killing two vanced our interests but has lent those mother goes through day after day, soldiers and kidnapping Gilad Shalit, dictatorships undeserved legitimacy. week after week, month after month, who was then just 19 years old. For the We should also continue to stand un- year after year as she has absolutely last 4 years, Hamas has held Staff Ser- equivocally with our ally Israel and op- no contact and no idea how her son is geant Shalit hostage, denying him ac- pose all efforts to deny Israel its sov- being treated, where he’s being held, cess to his family, access by competent ereign right to self-defense—the very and what his condition is. Shame. The medical personnel, as well as rep- right that Staff Sergeant Gilad Shalit shame of it all. It’s disgusting. I urge resentatives of the International Com- was exercising when he was kidnapped support for this resolution. mittee of the Red Cross. Hamas has by Hamas. GENERAL LEAVE forced young Shalit to appear in audio Madam Speaker, I reserve the bal- Mr. ACKERMAN. Madam Speaker, I recordings and video recordings used to ance of my time. ask unanimous consent that all Mem- put pressure on Israel, and has mocked Mr. ACKERMAN. I want to thank the bers may have 5 legislative days to re- Shalit, mocked his family and his cap- gentlewoman from Florida, the distin- vise and extend their remarks and to tivity in plays and cartoons and ani- guished ranking member of the com- include extraneous material on the res- mated movies. Reports indicate that mittee, for her statement and for her olution that is now under consider- Shalit’s health has declined as the re- support. ation. sult of his captivity. Madam Speaker, now it’s my pleas- The SPEAKER pro tempore (Ms. Madam Speaker, Hamas, its fellow ure to yield such time as she may con- RICHARDSON). Is there objection to the violent extremist group, Hezbollah, and sume to the gentlewoman from Nevada, request of the gentleman from New their state sponsors not only are at war SHELLEY BERKLEY, a distinguished and York? with Israel; they seek the destruction respected member of our committee. There was no objection. of the United States as well. Ms. BERKLEY. Madam Speaker, I Mr. JOHNSON of Georgia. Madam Speaker, Ahmadinejad has spoken of ‘‘a world want to thank my very good and dear I rise today to express my support for H. Res. without America or Zionism,’’ stating and cherished friend from New York for 1359, which calls for the immediate and un- that ‘‘you should know that this slo- yielding and for bringing much-needed conditional release of Gilad Shalit, the Israeli gan, this goal, can certainly be attention to this issue by introducing soldier held captive by Hamas since June 25, achieved.’’ And the Iranian regime is this resolution which I proudly cospon- 2006. Today, 4 years later, Shalit remains a no stranger to taking hostages, includ- sored. prisoner and Hamas has denied him medical ing the 52 American hostages that Madam Speaker, I rise today along treatment and access to his family. I agree Tehran held captive for 444 days. So with my colleagues to mark a very sad with the resolution’s sponsors that his impris- when we consider Hamas’s holding of occasion: The fourth anniversary of the onment is not only a violation of international Gilad Shalit in captivity, we must rec- kidnapping of Israeli soldier Gilad law and an affront to the international commu- ognize this situation is part of the Shalit. If the world needs evidence of nity, but has also impeded the peace process broader threat posed to both the Hamas’ cruelty, they need look no fur- between Israel and Palestine. United States and to Israel. ther than the kidnapping of this young The Israeli-Palestinian conflict has caused Madam Speaker, I have met with soldier serving on the Israeli side of the tragedy and loss of enormous proportions on Staff Sergeant Shalit’s father, who Gaza border. Defying any standards of both sides. I know that all of my colleagues gave me his son’s dog tags. And as a human decency and international law, oppose further loss of life and will support a parent, I can only imagine the agony Hamas has held him prisoner without lasting peace in this region. I am hopeful for

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I have no further bated tensions in the region, causing heart- the House of Representatives to join me today requests for time, and I yield back the ache for Sgt. Shalit’s family and country, and in recognizing our dedication to the release of balance of my time. making peace negotiations more difficult. Shalit and the prospect of peace and democ- The SPEAKER pro tempore. The I stand for peace and human rights and am racy in the region by supporting this resolu- question is on the motion offered by proud to support this resolution. I can see no tion. the gentleman from New York (Mr. justification for Sgt. Shalit’s continued impris- Mr. KLEIN of Florida. Madam Speaker, I ACKERMAN) that the House suspend the onment and urge Hamas to release Sgt. rise today to support H. Res. 1359 and mark rules and agree to the resolution, H. Shalit. I urge my colleagues to join me in sup- the 4-year anniversary of the capture of IDF Res. 1359, as amended. porting peace and human rights by supporting soldier Gilad Shalit. On June 25, 2006, Shalit The question was taken. this important resolution. was taken in a cross-border raid, remains held The SPEAKER pro tempore. In the Mr. GRAYSON. Madam Speaker, I rise in Gaza, and for the past 4 years, he has opinion of the Chair, two-thirds being today to call for the immediate and uncondi- been denied virtually all contact with the out- in the affirmative, the ayes have it. tional release of Israeli soldier Gilad Shalit. On side world. Mr. ACKERMAN. Madam Speaker, I June 25, 2006, exactly 4 years ago this Fri- When he was kidnapped, he was only 19 object to the vote on the ground that a day, Gilad was kidnapped by Hamas terrorists years old, the age of an average American quorum is not present and make the within Israeli territory, near the Karem Shalom college student. But instead of being able to point of order that a quorum is not crossing. This kidnapping was a part of an serve his country and continue with his bright present. unprovoked and organized military operation future, he has been held a prisoner for 4 The SPEAKER pro tempore. Pursu- by Hamas terrorists who continue to hold years. ant to clause 8 of rule XX and the Gilad captive in Gaza. The plight of this soldier must not be forgot- Chair’s prior announcement, further Throughout Gilad’s captivity, the Inter- ten. I want to honor the sacrifice of this young proceedings on this motion will be national Red Cross has requested to send man and his family who wait every day for postponed. representatives to assess his conditions of de- news of their son’s circumstances. I have met The point of no quorum is considered tention and treatment, as well as to provide the Shalit family and I have seen the pain in withdrawn. medical attention to Gilad. Just recently, their eyes and the pleading in their voices. f Hamas once again refused to give the Red The Shalit family has also met with many EXPRESSING SENSE OF HOUSE RE- Cross access to check on Gilad’s well being in communities across the United States, urging accordance with international law. Pierre GARDING ANNIVERSARY OF DIS- people to remember their son and speak out PUTED IRANIAN ELECTIONS Dorbes, deputy head of the International Com- on his behalf. Today, I join the communities in mittee of the Red Cross in Israel and the Ter- Palm Beach and Broward County in sending a Mr. COSTA. Madam Speaker, I move ritories stated that, ‘‘ . . . we have been able message to Gilad Shalit’s captors: Let Gilad to suspend the rules and agree to the to visit nearly everyone detained in connection Shalit go. resolution (H. Res. 1457) expressing the to this conflict, with the exception of Gilad As Israel faces dangerous threats from sense of the House of Representatives Shalit.’’ throughout the region and still makes unprece- on the one-year anniversary of the As negotiations for his release continue, it is dented sacrifices for peace, America stands Government of Iran’s fraudulent ma- important to recognize the efforts of Gilad with Israel in its hope for the release of Gilad nipulation of Iranian elections, the Shalit’s family and friends, particularly his Government of Iran’s continued denial mother Aviva and his father Noam to secure Shalit. American families and Israeli families are united in the hope that the Shalit family of human rights and democracy to the his release. I can only imagine the heartache people of Iran, and the Government of and frustration that they feel as they work to should suffer no longer. Ms. SCHAKOWSKY. Madam Speaker, I rise Iran’s continued pursuit of a nuclear help secure their son’s freedom. weapons capability. Madam Speaker, I along with my colleagues today in strong support of H. Res. 1359, a res- olution calling for the immediate and uncondi- The Clerk read the title of the resolu- continue to call for the unconditional release of tion. Gilad Shalit. I urge President Obama to con- tional release of Israeli soldier Gilad Shalit. I would like to thank Congressman ACKER- The text of the resolution is as fol- tinue to make Gilad’s release a priority for his lows: administration as he works with all parties to MAN for introducing this important resolution, of H. RES. 1457 resolve the ongoing conflict in the region. which I am a cosponsor, and to commend him Mr. MCMAHON. Madam Speaker, I rise and Chairman BERMAN for their leadership on Whereas Iran’s authoritarian system of today to support H. Res. 1359, a resolution this critical issue. government violates numerous international On Friday, Israeli soldier Gilad Shalit will norms and principles of democratic govern- calling for the immediate and unconditional re- ance; lease of Israeli soldier Gilad Shalit held cap- have spent 4 years in captivity. Since June 2006, Shalit has been held by Hamas and de- Whereas June 12, 2009, was the date sched- tive by Hamas. uled for Iranian presidential elections, in On June 25, 2006, Hamas captured 19- nied the humane treatment mandated by inter- which only candidates approved by the Gov- year-old Israeli corporal Gilad Shalit on the national law, including regular communication ernment of Iran’s Guardian Council were al- southern Israeli side of the Gaza Strip. This in- with his family and visits by the International lowed to compete; herent and blatant disrespect for standards of Red Cross. He has been forced to appear in Whereas the ensuing announcement by Ira- international conduct was a deliberate form of Hamas propaganda, intended to extort the nian authorities of an ‘‘overwhelming vic- extortion meant to coerce the Israeli govern- Israeli government. Shalit was 19 years old at tory’’ for Mahmoud Ahmadinejad was made suspiciously early; ment to release Palestinian prisoners. the time of his abduction. Human beings should not be used as bar- Whereas reported vote counts in the June Hamas has furthered the injustice by deny- 12, 2009, election were inconsistent with Ira- ing Shalit access to medical care from the gaining chips. Gilad Shalit must be imme- nian demographics and political trends, in- International Red Cross or treatment as a pris- diately and unconditionally released, and all cluding provinces in which more votes were oner of war. Shalit has been explicitly denied prisoners must be afforded the basic protec- allegedly cast than the number of registered the most basic humane treatment, and we tions of international humanitarian law. voters and vote counts that indicated un- cannot allow for this abhorrent conduct to per- I am also proud to support this resolution usual pro-Ahmadinejad voting patterns by sist. because it expresses Congressional support traditionally anti-Ahmadinejad constitu- Hamas has continually utilized terrorist cells for both the Jewish state of Israel, which must encies; to attack Israeli soldiers even though Israel have recognized and secure borders, and a Whereas the Government of Iran’s unreal- istic vote count and fraudulent announce- unilaterally withdrew from Gaza in 2005. This democratic, viable, and independent Pales- ment of election results prompted millions callous disregard for international humanitarian tinian state. I strongly believe that a nego- of Iranians to rush into the streets in protest law is deeply troubling. tiated, two-state solution offers Israelis and and prompted unprecedented public criticism I am unwavering in my support for the secu- Palestinians alike the best prospect for long- by Iranians of the authoritarian rulers of the rity and welfare of the democratic nation of term security and stability. Government of Iran;

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.072 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4717 Whereas the Government of Iran, Iranian Whereas according to the Department of bility and unconventional weapons and bal- riot police, members of the Revolutionary State’s Country Reports on Human Rights listic missile capabilities, and its use of its Guard Corps, and Basij militias engaged in a Practices for 2009, Iran’s ‘‘poor human rights nuclear program to distract attention from brutal crackdown on the Iranian people in record degenerated during the year . . . the its horrific abuses of the human rights of the the aftermath of the disputed presidential government severely limited citizens’ right Iranian people; election of June 12, 2009, killing, injuring, or to change their government peacefully (4) urges the immediate release of all polit- imprisoning many Iranians, stifling freedom through free and fair elections . . . authori- ical prisoners detained by the Government of of speech, press, and assembly and violating ties held political prisoners and intensified a Iran and the immediate end of all harass- fundamental human rights; crackdown against women’s rights reform- ment and violence against the people of Iran Whereas, on June 19, 2009, the House of ers, ethnic minority rights activists, student by the Government of Iran and pro-govern- Representatives overwhelmingly adopted H. activists, and religious minorities’’; ment militias; Res. 560 which ‘‘(1) expresses its support for Whereas hundreds of political prisoners re- (5) reaffirms the universality of individual all Iranian citizens who embrace the values main imprisoned by the Government of Iran; human and political rights; and of freedom, human rights, civil liberties, and Whereas Ahmad Jannati, who heads the (6) calls for freedom and democracy for the rule of law; (2) condemns the ongoing vio- Government of Iran’s powerful Guardian people of Iran, including fair, democratic, lence against demonstrators by the Govern- Council, has called for the execution of more and independent elections in Iran. dissidents and protestors, and a senior offi- ment of Iran and pro-government militias, as The SPEAKER pro tempore. Pursu- well as the ongoing government suppression cial of the Iranian ‘‘judiciary’’ has stated of independent electronic communication that the Government of Iran will soon exe- ant to the rule, the gentleman from through interference with the Internet and cute further dissidents; California (Mr. COSTA) and the gentle- cellphones; and (3) affirms the universality Whereas thousands of Iranian citizens have woman from Florida (Ms. ROS- of individual rights and the importance of continued to peacefully and courageously as- LEHTINEN) each will control 20 minutes. democratic and fair elections’’; semble and protest against the Government The Chair recognizes the gentleman Whereas, on June 23, 2009, President of Iran’s denial of human rights and democ- from California. Barack Obama denounced the Government of racy to the people of Iran; GENERAL LEAVE Iran’s crackdown on the Iranian people, stat- Whereas article 21 of the Universal Dec- ing that ‘‘The United States and the inter- laration of Human Rights recognizes that Mr. COSTA. Madam Speaker, I ask national community have been appalled and ‘‘(1) Everyone has the right to take part in unanimous consent that all Members outraged by the threats, the beatings and the government of his country, directly or may have 5 legislative days to revise imprisonments of the last few days’’, that ‘‘I through freely chosen representatives; (2) and extend their remarks and include strongly condemn these unjust actions, and I Everyone has the right of equal access to any extraneous materials on this reso- join with the American people in mourning public service in his country; (3) The will of the people shall be the basis of the authority lution under consideration. each and every innocent life that is lost’’, The SPEAKER pro tempore. Is there and that the United States must ‘‘bear wit- of government; this will shall be expressed in ness to the courage and dignity of the Ira- periodic and genuine elections which shall be objection to the request of the gen- nian people, and to a remarkable opening by universal and equal suffrage and shall be tleman from California? within Iranian society’’; held by secret vote or by equivalent free vot- There was no objection. Whereas, on December 27, 2009, the Shiite ing procedures’’; Mr. COSTA. Madam Speaker, I rise in Muslim holiday of Ashura was observed and Whereas the United States supports the strong support of this resolution today, at least eight Iranian civilians were killed right of the citizens of Iran to freedom and and I yield myself such time as I may and hundreds arrested in confrontations with democratic governance, including the right to select their political leaders in free, demo- consume. the Iranian authorities; House Resolution 1457 expresses the Whereas the Government of Iran is vio- cratic, and independent elections; lating its international and constitutional Whereas the Government of Iran is pur- sense of the House of Representatives obligations to respect the human rights and suing a nuclear weapons capability which, if on the 1-year anniversary of the Gov- fundamental freedoms of its citizens by— obtained, would usher in a dangerous new ernment of Iran’s manipulation of the (1) using arbitrary or unlawful killings, era of instability in the Gulf and the Middle Iranian elections, the continued denial beatings, rape, torture, and cruel, inhuman, East, and allow the Government of Iran to of human rights, and their continued act with impunity in the face of inter- or degrading treatment or punishment, in- pursuit of a nuclear weapons capa- cluding flogging and amputations; national pressure to cease its dangerous (2) carrying out an increasingly high rate international behavior and its horrific bility. And I would like to thank my of executions in the absence of internation- human rights abuses; friend, Congressman Judge POE of ally recognized safeguards, including public Whereas Iran continues to enrich uranium Texas, for joining me in the introduc- executions and executions of juvenile offend- and carry out other nuclear activities in vio- tion of this important resolution. ers; lation of United Nations Security Council Madam Speaker, just over a year ago, (3) using stoning as a method of execution Resolutions 1696 (2006), 1737 (2006), 1747 (2007), on June 12, 2009, the world watched as and maintaining a high number of persons in 1803 (2008), 1835 (2008), and 1929 (2010); Iran’s rulers manipulated and stole an prison who continue to face sentences of exe- Whereas Iran has failed to cooperate with cution by stoning; International Atomic Energy Agency inspec- election for their chosen candidate, (4) carrying out arrests, violent repression, tors looking into the possible military na- Mahmoud Ahmadinejad. Thousands of and sentencing of women exercising their ture of the Iranian nuclear program, includ- Iranians took to the streets following right to peaceful assembly, a campaign of in- ing by denying inspectors access to facili- that sham presidential election that timidation against women defenders of ties, people, and documents; and had been orchestrated for the regime. human rights, and continuing discrimination Whereas according to the Department of Following that, we all know what hap- against women and girls; State’s Country Reports on Terrorism, Iran (5) permitting or carrying out increasing pened. So we speak in this resolution remains ‘‘the most active state sponsor of on the anniversary of that disputed discrimination and other human rights vio- terrorism’’, continues to provide arms, fi- lations against persons belonging to reli- nancing, training, and other support to election result because I believe, and gious, ethnic, linguistic, or other minority Hamas, Hezbollah, and other groups des- those who are supporting this resolu- communities; tion believe, that Congress must reaf- (6) imposing ongoing, systematic, and seri- ignated by the United States as foreign ter- ous restrictions of freedom of peaceful as- rorist organizations, in addition to providing firm its commitment to supporting de- sembly and association and freedom of opin- lethal support to violent militants in Iraq mocracy and freedom around the ion and expression, including the continuing and Afghanistan: Now, therefore, be it world, including in Iran. closures of media outlets, arrests of journal- Resolved, That the House of Representa- We know that as the street protest ists, the censorship of expression and of the tives— (1) reaffirms its support for all Iranian citi- continued against the fraudulent elec- press in newspapers and online forums such tion and it intensified, the Government as blogs and websites, as well as blockage or zens who courageously struggle for freedom, disruption of Internet-based communications human rights, civil liberties, and the protec- of Iran, its riot police, and members of and of mobile phone and text messaging net- tion of the rule of law; the Revolutionary Guard Corps en- works; and (2) condemns the ongoing violence and gaged in a brutal crackdown on the Ira- (7) imposing severe limitations and restric- human rights abuses against the people of nian people. Sadly, many Iranians were tions on freedom of religion and belief by Iran by the Government of Iran and pro-gov- injured, imprisoned, or killed. carrying out arbitrary arrests, indefinite de- ernment militias, as well as the ongoing gov- Human rights in Iran, we know, have tentions, and lengthy jail sentences for those ernment suppression of independent elec- exercising their rights to freedom of religion tronic communication through interference deteriorated precipitously over the or belief and by proposing a mandatory with the Internet and cell phones; years since the first election of Presi- death sentence for apostasy, the abandoning (3) condemns the Government of Iran’s dent Ahmadinejad. But since that dis- of one’s faith; continued pursuit of a nuclear weapons capa- puted presidential election last year,

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.077 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4718 CONGRESSIONAL RECORD — HOUSE June 23, 2010 Iran’s slide into what is clearly a bru- This is especially timely, Madam own people, who were unarmed but yet tal dictatorship has sharply acceler- Speaker, since later this week the taking to the streets wanting freedom ated. Iran’s Revolutionary Guard, its House is expected to vote on the con- and a legitimate election. He injured militia, and its police arbitrarily ar- ference committee report H.R. 2194. We them; he beat them; he hung them, and rest thousands of peaceful protesters hope by the end of this week, certainly he shot them, peaceful Iranians want- and dissidents, including students, by next week. The Iran Sanctions, Ac- ing freedom and democracy. women’s rights activists, lawyers, and countability, and Divestment Act of But the folks of Iran were not going journalists, in a clear effort to intimi- 2010 is an important measure. I am to be intimidated by the crimes com- date their critics and stifle dissent. proud to be a conferee on the con- mitted against them in their pursuit This regime obviously cannot with- ference committee. This piece of legis- for freedom and a free election, so they stand these critics. lation represents, I think, a monu- have continued to speak out. By con- tinuing to speak out, of course, more of b 1420 mental step toward our fight against Iran’s nuclear proliferation. These them get arrested. As my friend from But as champions of freedom and de- sanctions reinforce and go far beyond California mentioned, it includes ev- mocracy, the United States must, must the enacted United Nations sanctions erybody: Women and children, lawyers condemn these abuses of this Iranian aimed at persuading Iran to change its and journalists. They are all arrested, regime whenever possible as we witness conduct that was voted on over a week brutalized, and some are killed in the such actions around the world. It is in ago. name of keeping the little fella, our Constitution, and it is one of the These tough new petroleum and fi- Ahmadinejad, in power in Iran. reasons why we still remain a beacon nancial sanctions will restrict the abil- This past week in Paris, France, of light around the world as we stand ity of Iran’s regime and its thugs to 100,000 people, mainly Iranians, up for human rights, human rights that continue their nuclear aspirations and marched in support of freedom and de- mocracy for their homeland in Iran. have sadly been abused in Iran by this their oppression of the Iranian people. And it’s important that we in America regime. The legislation also increases penalties let everybody know where we stand But it’s not just in our Constitution. for sanction violations and bolsters the when it comes to freedom versus tyr- In the Koran it states: Help one an- U.S. trade embargo against Iran. These anny, freedom versus a dictatorship, other in a righteousness and goodness sanctions will send a strong signal that that we stand by the people of the na- way. Help not one another when in sin our Nation will not stand for the esca- tion who want self-determination and and aggression. lation of this regime’s aims at a nu- freedom. Clearly, this despotic regime in Iran clear arms program, especially with is engaged in full-time sin and aggres- The Iranians kind of wonder where violent threats against our strategic we stand as a Nation. They are con- sion of its own people. But this quote, ally Israel, and the threat of that ally of course, is from the Koran, which is cerned because, you see, they get their and its impact throughout the regions government-controlled media and it the book of the major religion of the of Europe and Southeast Asia, along people of Iran. Yet they violate their tells them one thing, that the United with the Middle East. States is not supportive. So we need to own faith in this way. Clearly, their medium-range missiles Madam Speaker, the people of the make it clear to them that we do sup- are capable of reaching all of those port them. And they don’t want weap- United States stand behind the people countries within that area, and, there- of Iran, who simply want to live their ons. They don’t want armament. They fore, we stand with Israel and our al- don’t want even money. They just want lives in peace and freedom, free of the lies. These sanctions are a powerful brutal oppression of their government. to know that this country, the center step forward. We must continue to take and hope for the world when it comes Let us be clear: At the end of the day, all necessary actions and to keep every Mahmoud Ahmadinejad is nothing to human rights and democracy, stands option on the table to prevent nuclear with the people, the people of Iran in more than a bully and a dictator. His arms races in that region. their quest to control their own des- regime uses every tactic they can to Madam Speaker, I encourage my col- tiny and control their own govern- subdue and terrorize their own people. leagues to support this important reso- ment. And we need to recognize this phony lution and to send a strong message to There is no freedom in Iran as long as regime for what it is. It’s a killer of Iran and the entire world that America this regime is in power and freedom of speech, freedom of religion, will not stand by while these human Ahmadinejad continues to be the dic- and freedom of press. And I believe rights abuses continue and they con- tator, the tyrant of the desert who that when history is written, that the tinue to pursue nuclear weapons capa- threatens to destroy not only our ally record of this terrorism regime in the bilities. Israel, but destroy the West as soon as 21st century will compare, sadly, to I reserve the balance of my time. he can get his hands on those nuclear those same brutal dictatorships that Ms. ROS-LEHTINEN. Madam Speak- weapons. we witnessed in the 20th century. I am er, I am pleased to yield 5 minutes to He needs to go. His time has come. It talking about Hitler, Stalin, Tojo, and the gentleman from Texas, Judge POE, needs to go. And the way that that can Mussolini. That is the level of despotic an esteemed member of our Committee happen is when the people of Iran take dictatorship that we are witnessing on Foreign Affairs and the coauthor of control of their own country. The best today in Iran. this resolution before us. hope for the Iranians, the best hope for So, therefore, this resolution before Mr. POE of Texas. Madam Speaker, I the world, Madam Speaker, is for a re- us confirms Congress’s support for all thank the gentlelady from Florida for gime change in Iran by the people of Iranian citizens who struggle for free- yielding. I also want to thank my Iran. So we should support that en- dom, human rights, and civil liberties. friend from California (Mr. COSTA) for deavor. We should tell those freedom- It condemns the ongoing violence and introducing this Resolution 1457, and I loving folks, those sons of liberty, human rights abuses against the people am proud to be a cosponsor of this im- those daughters of democracy, that we of Iran by their government, and it portant resolution. in America, halfway around the world, urges immediate release of all political The people of Iran are under the op- who believe in liberty and believe in prisoners detained by this regime. pression of the little fellow from the democracy and believe in freedom, we House Resolution 1457 also calls for desert, Ahmadinejad. And the little stand with them. We support them freedom and democracy for the people fella claimed that he won the election morally, and we support them because of Iran, including fair, democratic, and last year, but the whole world knows, they have the right to determine their independent elections, unlike the ones including he, that he stole the election own destiny. that were held a year ago. Finally, this in Iran. The people of Iran want democ- Our quarrel as a Nation is not with resolution condemns the Government racy, they want freedom, and so they the people of Iran. Our quarrel is with of Iran’s continued pursuit of nuclear took to the streets opposing the little this dictator, this tyrant, the little fel- weapons capability and a ballistic mis- fella. And what did he do? He retali- low from the desert who wants to de- siles program, for clearly we know ated. He used his henchmen, his goon stroy his own nation and the rest of the what they are intended for. squad to come out and brutalize his world as well.

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.076 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4719 b 1430 chances are you will be killed. I thank the line in pursuit of freedom, and the So I support this resolution and I them very much for doing that, and I United States and other responsible na- want to compliment the gentleman thank the gentleman from California tions must stand with them. There are from California (Mr. COSTA) for bring- (Mr. COSTA) for bringing this to our at- many further steps we can take to help ing this to the floor. tention through this resolution. at this critical time. Above all, we And that’s just the way it is. Ms. ROS-LEHTINEN. Madam Speak- must do no harm. Negotiation with the Mr. COSTA. Madam Speaker, I thank er, I yield myself such time as I may regime legitimizes its illegitimate the gentleman from Texas (Mr. POE) consume. leaders and distracts attention from for his good remarks, as always. Madam Speaker, in discussions about their repressive acts. I yield such time as she may consume the Iranian regime’s pursuit of a nu- We must hit the regime where it to the gentlewoman from Nevada (Ms. clear weapons program, or its state hurts by fully implementing sanctions BERKLEY). sponsorship of violent extremists, the targeting the regime’s vulnerabilities, Ms. BERKLEY. Madam Speaker, I persecution that the thugs in Tehran both existing sanctions and the new want to thank the gentleman from inflict on ordinary Iranians, that is ones that Congress will soon enact. The California (Mr. COSTA). We have sometimes overlooked. This is particu- same refined petroleum products and worked on many issues, this being one larly true on the international stage. other petro-dollars that bankrolled the of the most important, and I thank The United Nations Human Rights regime’s weapons program also him for yielding some time to me. Council has condemned the democratic bankrolled its repression of human It has been 1 year since Ahmadinejad Jewish State of Israel over and over rights. Requiring the immediate imple- and his thugs stole the election in Iran. again for defending herself, but has not mentation and enforcement of com- The world watched with shock as 1 mil- once condemned the Iranian regime’s prehensive sanctions can help stop lion Iranians took to the streets of brutality against the Iranian people. both of these threats. Tehran to protest the so-called results Iran, a regime that stones women to We must also support those who seek of the sham election, and dismay as the death, was elected by acclamation to human rights for Iran and monitor protesters were cruelly squelched. The the U.N. Commission on the Status of abuses, such as the Iran Human Rights world was horrified as we watched a Women. Let me repeat that again; it is Documentation Center, which has ac- beautiful Iranian woman killed in the so absurd, it is almost incomprehen- tually seen its funding cut. And as the prime of her life as she peacefully pro- sible. It is incomprehensible. Iran, a re- beacon of liberty and democracy to the tested the election results. gime that stones women to death, was entire world, the United States must I stand with the people of Iran as elected by acclamation to the U.N. do our duty to name and shame the they protest the continued denial of Commission on the Status of Women. guilty. Because we must take an all-of- human rights and democracy by their This is a Kafkaesque scenario. the-above approach to this issue, I in- illegal government. Iran’s government So it is all the more important that troduced H.R. 4649, the bipartisan Iran is on a very dangerous path. They are we in this House stand in solidarity Human Rights Sanctions Act which the state sponsors of terrorism across with the Iranian people and with all of was introduced in the Senate by JOHN the planet. They are the main sponsors those who support and defend human MCCAIN and JOE LIEBERMAN. That leg- of Hamas, and we watch Hamas cruelly rights, support and defend democracy, islation requires the President to des- treat the Palestinian people in the support and defend freedom. We must ignate and sanction those who violate Gaza like animals more than people. also be clear and steadfast in describ- the human rights of Iranians. I am We know that the Iranians are sup- ing and condemning the Iranian re- gratified that some versions of this bill porting Hezbollah in Lebanon and gime’s human rights abuses, of which will be included in the Iran sanctions transporting weapons to them that there are many. conference report that Congress will could be used against Israel. We watch Those in power in Tehran practice soon consider. as they infiltrate South America torture, flogging, rape, amputation, And given the importance of human through Venezuela, trying to spread and murder. The regime conducts sys- rights for the Iranian people and world- their tentacles of hate and terrorism tematic, official discrimination against wide, I am proud to strongly support across the planet. We have a very seri- women, Baha’is, Christians, Jews, dis- the resolution before us today, H. Res. ous problem with Iran. They will not sident Muslims, and many others. No 1457. This resolution marks the 1-year join the family of civilized countries one is exempt. anniversary of the Iranian people’s that are trying to improve this world. All seven members of the national mass uprising against the regime’s Quite the contrary. They are the main Baha’i leadership in Iran remain in fraud, manipulation, and repression; obstacle to peace everywhere. prison, where they have been held un- and it also condemns the regime’s bru- In addition to their exporting of ter- justly for 2 years and are on trial for tality. rorism and supporting of terrorist or- trumped-up charges that potentially Furthermore, the resolution reaf- ganizations, the threat to wipe Israel carry the death penalty. Gay people firms our support for all Iranians who off the map, what is this dangerous are hanged from cranes, even as their courageously struggle for freedom. It country doing? It is attempting to ac- very existence in Iran is denied by urges the immediate release of all po- quire nuclear weapons with all delib- Ahmadinejad. litical prisoners and calls for freedom erate speed. When there is a president Since the sham ‘‘elections’’—using and democracy for the people of Iran, of a rogue nation that is supporting the term loosely—1 year ago, the re- including fair, democratic and inde- terrorism and terrorists across the gime has intensified its repression, in- pendent elections. planet, that is calling for the destruc- creasing restrictions on the freedom of I would like to thank the authors of tion of the State of Israel, that talks religion, expression, association, as- this resolution, distinguished members with great disparagement about west- sembly and the press. of our Foreign Affairs Committee, the ern civilization, particularly the What is left? gentleman from California (Mr. COSTA) United States of America, when a Thousands of protesters, dissidents, and the gentleman from Texas (Mr. country like this is attempting to ac- journalists have been arbitrarily de- POE). This legislation builds on a reso- quire nuclear weapons, it is time for tained or killed, with innocent people lution that Judge POE introduced 6 the world to wake up and recognize shot on the street, and the Stalinesque months ago, as well as a resolution in- that they say what they mean, they show-trials continue. troduced by the distinguished gen- mean what they say, and the Iranian Even Iranians who succeed in fleeing tleman from Texas (Mr. MCCAUL). I ap- Government must be stopped at all their country are reportedly still in preciate the long-standing efforts of all costs. danger as agents of the Iranian regime of these Members on this important I stand with the Iranian people. I threaten with death if they continue to issue. support them and I thank them for speak out and protest human rights Ultimately, the purpose of this reso- having the courage to stand up to their violations by Tehran. lution reflects the words of Holocaust own government. It is not easy to do Despite this repression, the people of survivor and Nobel Peace Prize winner when you know if you stand up, Tehran continue to put their lives on Elie Wiesel, words that are salient to

VerDate Mar 15 2010 02:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.085 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4720 CONGRESSIONAL RECORD — HOUSE June 23, 2010 any discussion on the status of human The anniversary of the uprising of the Ira- then, this date, the Iranian regime, run by rights in Iran under that brutal re- nian people to secure their democratic rights Mahmoud Ahmadinejad, has continually vio- gime: ‘‘We must always take sides. is a solemn occasion. The images from last lated the human rights of innocent Iranian citi- Neutrality helps the oppressor, never year of ordinary Iranians showing unbelievable zens, brutally beating back popular dem- the victim. Silence encourages the tor- courage in challenging the ruthless and vi- onstrations against Mr. Ahmadinejad’s elec- mentor, never the tormented.’’ cious theocracy that controls Iran resonated tion. This resolution is necessary and des- b 1440 powerfully with Americans. Recalling the late perately important to show the world that the 1980s and the collapse of Communism, many United States does not condone oppression With these words in mind, we must have begun to hope that this wholly indige- and supports the Iranian people in their quest take sides. We must act together in nous movement, by virtue of its own success, for freedom and democracy. support of the people of Iran. I urge my and entirely for its own reasons, will throw on Our country has always prided itself on the colleagues to support this important to the ash-heap of history the brutal, irrespon- human rights our own citizens enjoy. I believe resolution. sible, and vicious regime of the mullahs. we should strive to protect and champion the I yield back the balance of my time. I don’t think any one believes the current freedoms of people the world over. Unre- Mr. COSTA. Madam Speaker, I, too, leadership of the Islamic Republic of Iran will stricted arrests of innocent individuals, killing want to thank my friend and colleague, go quietly or easily into retirement. And I think of citizens who oppose the government, and the gentlewoman from Florida, ILEANA it would be foolish to assume that a reformed extreme oppression of women, all common ROS-LEHTINEN, for her strong bipar- Iranian government would automatically be acts by the Iranian regime, that must be tisan comments on a resolution that very friendly to the United States, or be less stopped. There needs to be a continued there is strong bipartisan support for, committed to the pursuit of its own national in- strong disapproving stance taken by our na- as witnessed by the statements here terests. But there is good reason to think that tion towards the destructive and unfair way this afternoon. a different Iranian government, one that was that the Iranian regime treats its people. Make no mistake about it, Madam truly answerable to the aspirations of the Ira- As a member of the Armed Services com- Speaker, and to those who are listen- nian people, would transform the politics of the mittee, I take this matter very seriously and ing. This resolution is about human Middle East, dramatically change the global see the continued reign of the Iranian regime rights violations in Iran. This resolu- struggle against violent Islamic extremism and, as a national security threat not only to our tion is about the despotic, sham regime potentially, salvage the global non-proliferation nation at home, but also to our armed forces that is currently governing in Iran regime. abroad. I urge my colleagues to stand with the that is oppressing the people of that But as we think about how we can aid the Iranian people to support this important resolu- country. This resolution speaks to the Green Movement, I believe we need to be es- tion. higher values and goals that are en- pecially careful and thoughtful. There is, unfor- Mr. McMAHON. Madam Speaker, I rise shrined in our country’s Constitution tunately, a painful history of American inter- today in support of, H. Res 1457, the Resolu- and Bill of Rights, those freedoms that vention in Iranian affairs, and we should, at tion on the one-year anniversary of the June we hold most dear, that are at the end the very least, have some humility about our 12, 2009 Iranian Elections. Though one year of the day the basis for all human ability to competently shape highly politicized has passed since the widely contested elec- rights, not just in our country but and dynamic events in other nations. tions, the stain of Iran’s government and its throughout the world. Iran is a sovereign state whose people are callous disregard for human rights continues Therefore, today, the Congress must struggling bravely for their own freedom. It is to run through the streets of its cities. Al- speak to these human rights violations natural and right for us to want to support their though the protests of courageous voters have that are existing in Iran. Today, the struggle. The question is how? It seems to me been violently crushed by the regime, the Ira- Congress must voice its opinion on the that our first obligation is ‘‘to do no harm.’’ And nian people remain proud and steadfast in despotic rule of this regime, and by our second obligation is to recognize that we their belief that this electoral atrocity will one passing this resolution in a bipartisan are not a doctor, and Iran is not a patient. day transition to dying authoritarianism and fashion, we will not only put the House With these caveats, I believe there are the birth of a democratic Iran. of Representatives firmly on record as some important things that we can and should The Iranian electoral system does not reflect to the year anniversary of the sham do; all of which can be done publicly and out- the ideals of democracy held by the vast ma- election that took place in Iran, but we side of Iran. First, as we are doing today, we jority of other nations in the world, but rather will also reiterate our strong support must continue to let the people of Iran know demonstrates the desperation of a despotic re- for sanctions against this country that, that we have not forgotten them or their strug- gime clinging to power under the guise of fair in fact, is violating these human rights gle for freedom. Second, we must continue to elections. and that is turning its back on the rest bear witness to vicious crimes the Iranian re- For the June 12, 2009 elections, candidates of the world. gime is perpetrating against its own citizens. A had to be pre-approved by the Government of Make no mistake about it. The Ira- government at war with its own citizens is ille- Iran’s Guardian Council, Mahmoud nian Government today, not its people gitimate by definition. Third, we and other na- Ahmadinejad’s victory announcement was but the Iranian Government today, is, tions truly committed to universal human rights made prematurely, and the final vote tallies in my view, the largest concern not must continue to highlight Iran’s absolutely ille- were inconsistent with the demographics of only in the Middle East but throughout gitimate and immoral behavior in international the nation, the number of registered voters, the world in terms of achieving peace forums and in the United Nations. The Iranian and common sense. that we all hold most dear. The goals regime’s behavior can not be denied and it Those who protested the elections had their of peace in the Middle East and can not be excused. rights of free speech brutally denied, and were throughout the world are at greatest Finally, and most critically, we absolutely beaten, jailed, injured, and killed. The Iranian risk by the actions and the activities must prevent Iran from acquiring the capability regime has spilled the blood of its own citizens and the supports of terrorist activities to produce nuclear weapons. For the sake of in the streets to maintain its illegitimate hold by this Iranian regime, whether it be the people in Iran, for the sake of the people on power. We were all heartstruck to the see to Hezbollah, whether it be to Hamas, in the Middle East, for the sake of our allies the death of Neda Agha-Soltan broadcast or whether it be to other terrorist in Israel, and for our own vital national security across the globe. It is now up to the nations groups that it supports in so many dif- interests, Iran’s nuclear ambitions absolutely who stand for democracy and freedom to sup- ferent ways because they know at the must not be allowed to succeed. port the courageous protesters in Iran. end of the day they cannot support the Mr. JOHNSON of Georgia. Madam Speaker, Furthermore, following the failed Iranian family of nations throughout the world I rise today to express my support for H.R. elections in June, the Iranian regime has had in expressing freedoms that we hold 1457, which recognizes the one-year anniver- its legitimacy wounded and its paranoia in- most dear. sary of the Government of Iran’s deceitful ma- creased. The regime has taken a posture of So I ask my colleagues to support nipulation of Iranian elections and the Govern- increased repression at home and antagonism this bipartisan resolution. ment’s continued violation of Iranian citizens’ abroad. In that dangerous environment, Mr. ACKERMAN. Madam Speaker, I rise in democracy and their human rights. Israel’s leaders have every right to be con- strong support of the resolution. I want to One year ago, Mahmoud Ahmadinejad was cerned for their country’s safety. While hope thank the Chairman and commend Mr. COSTA re-elected to become the President of Iran in still exists for a free Iran, Europe, Israel and and Mr. POE for their work on the resolution. an unfair and manipulated election. Since the United States must undoubtedly prepare

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Madam Speaker, I eign Affairs Committee and the Senate Bank- a subpoena under this section, the identity yield myself such time as I may con- ing Committee on yesterday’s announcement of the witness, and the nature of the testi- sume. that they had reached an agreement on the mony sought before issuing such a subpoena. Madam Speaker, last month Presi- Iran sanctions conference report agreement. The form and content of such notice shall be dent Obama issued Executive Order This long-awaited sanctions package is abso- set forth in the guidelines to be issued under 13543 establishing the National Com- subparagraph (D). mission on the BP Deepwater Horizon lutely necessary to persuade Iran to change (B) CONDITIONS FOR OBJECTION TO its conduct and its course on its nuclear pro- ISSUANCE.—The Commission may not issue a Oil Spill and Offshore Drilling. The gram. subpoena under authority of this Act if the measure we are considering today, in- Madam Speaker, I urge the House of Rep- Attorney General objects to the issuance of troduced by our colleague, Representa- resentatives to condemn the authoritarian Ira- the subpoena on the basis that the taking of tive LOIS CAPPS, would authorize the nian regime and to stand with the millions of the testimony is likely to interfere with commission to issue subpoenas, if nec- Iranians who rushed to the streets not only to any— essary, to gather information and com- defend their right to vote, but also to defend (i) Federal or State criminal investigation pel testimony. or prosecution; or With it, we are giving the commis- the very ideals of democracy and free and fair (ii) pending investigation under sections societies. I call on my colleagues to support 3729 through 3732 of title 31, United States sion some teeth. The commission this resolution. Code (commonly known as the ‘‘Civil False should be demanding and receiving a Mr. COSTA. Madam Speaker, I yield Claims Act’’) or other Federal statute pro- full and fair accounting to carry out its back the balance of my time. viding for civil remedies, or any civil litiga- important mission. Without subpoena The SPEAKER pro tempore. The tion to which the United States or any of its power, the commission runs the risk of question is on the motion offered by agencies is or is likely to be a party. allowing BP to write its own history of the gentleman from California (Mr. (C) NOTIFICATION OF OBJECTION.—The Attor- what happened in the gulf. ney General or relevant United States Attor- COSTA) that the House suspend the As amended, H.R. 5481 includes lan- ney shall notify the Commission of an objec- rules and agree to the resolution, H. tion raised under this paragraph without un- guage worked out with the Justice De- Res. 1457. necessary delay and as set forth in the guide- partment to ensure that any commis- The question was taken. lines to be issued under subparagraph (D). sion subpoena does not interfere with The SPEAKER pro tempore. In the (D) GUIDELINES.—As soon as practicable, any present or future criminal inves- opinion of the Chair, two-thirds being but no later than 30 days after the date of tigation or prosecution or civil litiga- in the affirmative, the ayes have it. the enactment of this Act, the Attorney tion involving the United States. Mr. COSTA. Madam Speaker, I object General, after consultation with the Com- I want to commend the bill’s sponsor to the vote on the ground that a mission, shall issue guidelines to carry out and a valued member of our Committee this subsection. quorum is not present and make the on Natural Resources, Representative (3) SIGNATURE AND SERVICE.—A subpoena point of order that a quorum is not issued under this section may be— LOIS CAPPS, a valued member not only present. (A) issued under the signature of either Co- on our Resources Committee but in The SPEAKER pro tempore. Pursu- Chair or any member designated by a major- this body who has experienced oil spills ant to clause 8 of rule XX and the ity of the Commission; and in her history as many of our col- Chair’s prior announcement, further (B) served by any person designated by the leagues are today. Having lived proceedings on this motion will be Co-Chairs or a member designated by a ma- through the Santa Barbara oil spill postponed. jority of the Commission. which was in her congressional district (c) ENFORCEMENT.— APPS The point of no quorum is considered (1) REQUIRED PROCEDURES.—In the case of in 1969, Representative C has a withdrawn. contumacy of any person issued a subpoena deep understanding and a commitment f under this section or refusal by such person to oil spill prevention and mitigation. to comply with the subpoena, the Commis- Madam Speaker, H.R. 5481 is just one GRANTING SUBPOENA POWER TO sion shall request the Attorney General to of a number of actions that this Con- COMMISSION INVESTIGATING BP seek enforcement of the subpoena. Upon such gress will need to take to help gather DEEPWATER OIL SPILL request the Attorney General shall seek en- information on the causes of the BP Mr. RAHALL. Madam Speaker, I forcement of the subpoena in a court de- Deepwater Horizon disaster and de- move to suspend the rules and pass the scribed in paragraph (2). The court in which the Attorney General seeks enforcement of velop safety and environmental meas- bill (H.R. 5481) to give subpoena power the subpoena shall issue an order requiring ures to prevent such a disaster from oc- to the National Commission on the BP the subpoenaed person to appear at any des- curring again. Deepwater Horizon Oil Spill and Off- ignated place to testify or to produce docu- I urge my colleagues to support the shore Drilling, as amended. mentary or other evidence, and may punish passage of H.R. 5481, a commonsense The Clerk read the title of the bill. any failure to obey the order as a contempt bill that will help shed some light on The text of the bill is as follows: of that court. what happened the night of this tragic H.R. 5481 (2) JURISDICTION FOR ENFORCEMENT.—Any explosion. United States district court for a judicial I reserve the balance of my time. Be it enacted by the Senate and House of Rep- district in which a person issued a subpoena resentatives of the United States of America in under this section resides, is served, or may Mr. HASTINGS of Washington. Congress assembled, be found, or where the subpoena is return- Madam Speaker, I yield myself such SECTION 1. SUBPOENA POWER OF THE NA- able, shall have jurisdiction to enforce the time as I may consume. TIONAL COMMISSION ON THE BP subpoena as provided in paragraph (1). Madam Speaker, at this very mo- ‘‘DEEPWATER HORIZON’’ OIL SPILL AND OFFSHORE DRILLING. The SPEAKER pro tempore. Pursu- ment, oil continues to flow into the (a) SUBPOENA POWER.—The National Com- ant to the rule, the gentleman from Gulf of Mexico, and the urgency to ad- mission on the BP Deepwater Horizon Oil West Virginia (Mr. RAHALL) and the dress this crisis should not be forgotten Spill and Offshore Drilling established by gentleman from Washington (Mr. or dismissed. It is important that we Executive Order No. 13543 of May 21, 2010 (in HASTINGS) each will control 20 minutes. get to the bottom of the causes of this this section referred to as the ‘‘Commis- The Chair recognizes the gentleman terrible tragedy. We need to know what sion’’), may issue subpoenas to compel the from West Virginia. went wrong and who did precisely what attendance and testimony of witnesses and GENERAL LEAVE wrong. At the same time, we should the production of books, records, correspond- ence, memoranda, and other documents. Mr. RAHALL. Madam Speaker, I ask not lose sight of the most immediate (b) ISSUANCE.— unanimous consent that all Members priorities. (1) AUTHORIZATION.—A subpoena may be may have 5 legislative days in which to Those priorities are, first, the leak issued under this section only by— revise and extend their remarks and in- must be stopped. Second, the oil must

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So Madam Speaker, I raise this as [From the Associated Press] with this disaster. an issue because the Commission and OBAMA SPILL PANEL BIG ON POLICY, NOT This bill, as the distinguished chair- the Attorney General need to be dili- ENGINEERING man said, simply grants subpoena au- gent to avoid such a scenario. (By Seth Borenstein) thority to the seven-member commis- This oil spill has unleashed a tragedy WASHINGTON.—The panel appointed by sion established and appointed by the on the people and the environment in President Barack Obama to investigate the President to look into the causes of the the gulf, but the Federal Government Gulf of Mexico oil spill is short on technical Deepwater Horizon accident, the re- must not take actions that exacerbate expertise but long on talking publicly about sulting spill, and the response. this tragedy by not completing their ‘‘America’s addiction to oil.’’ One member has blogged about it regularly. I support this bill and the commis- work in a timely manner. The power to Only one of the seven commissioners, the sion having subpoena power to compel issue subpoenas is necessary to the dean of Harvard’s engineering and applied the disclosure of documents and the commission’s technical abilities to do sciences school, has a prominent engineering testimony of witnesses. Congress has their investigative work, but I must background—but it’s in optics and physics. passed laws to give subpoena power to point out that questions are being Another is an environmental scientist with similar commissions in the past, and it raised about the seven persons selected expertise in coastal areas and the after-ef- is fully appropriate to do so here. and appointed by the President to his fects of oil spills. Both are praised by other scientists. To be clear, the authority granted in commission. So Madam Speaker, I The five other commissioners are experts this bill allowing the commission to would like to enter into the RECORD a in policy and management. issue subpoenas covers BP and the selection of three pieces covering the The White House said the commission will companies involved in the drilling of commission. focus on the government’s ‘‘too cozy’’ rela- this well, but it also fully covers the The first is an Associated Press arti- tionship with the oil industry. A presidential agencies and departments of the Fed- cle entitled, ‘‘Obama Spill Panel Big on spokesman said panel members will ‘‘consult eral Government. Not only must we get Policy, Not Engineering.’’ Another the best minds and subject matter experts’’ news article from The Times-Picayune as they do their work. to the bottom of what these companies The commission has yet to meet, yet some did and the failures that occurred, but entitled, ‘‘Oil Spill Commission Coordi- panel members had made their views known. we also must know what failures oc- nator Has Represented Environmental Environmental activist Frances Beinecke curred by the government in their reg- Groups.’’ And third, a Wall Street on May 27 blogged: ‘‘We can blame BP for the ulatory oversight and in responding to Journal editorial entitled, ‘‘The disaster and we should. We can blame lack of this spill. Antidrilling Commission: The White adequate government oversight for the dis- House choices seem to have made up aster and we should. But in the end, we also b 1450 their minds.’’ must place the blame where it originated: But there is one concern with the The questions posed in these pieces America’s addiction to oil.’’ And on June 3, wording of this bill, Madam Speaker, May 27, May 22, May 18, May 4, she called for and in other venues include: Do the bans on drilling offshore and the Arctic. and the impact that it could have in past statements made and positions ‘‘Even as questions persist, there is one prolonging the work of the commission taken by several commission members thing I know for certain: the Gulf oil spill beyond its 6-month timeframe set out in opposition to expanded offshore isn’t just an accident. It’s the result of a by the President. drilling affect their ability to act fairly failed energy policy,’’ Beinecke wrote on The bill allows the Attorney General and impartially? Will the general lack May 20. to object to the commission issuing Two other commissioners also have gone of engineering expertise among the public to urge bans on drilling. subpoenas for certain specified situa- commission members hinder their abil- Co-chairman Bob Graham, a Democrat who tions. Those situations are when crimi- ity to fully grasp and get to the bottom was Florida governor and later a senator, led nal investigations and certain civil of what happened in this accident? Will efforts to prevent drilling off his state’s litigation may be harmed by the tak- the absence of any drilling expertise coast. Commissioner Donald Boesch of the ing of testimony. That’s understand- among all seven commission members University of Maryland wrote in a Wash- able, Madam Speaker. Under the word- affect their pace of work or under- ington Post blog that the federal govern- ing of the bill, however, the Attorney standing of the matters they are ment had planned to allow oil drilling off the General must act to make known such Virginia coast and ‘‘that probably will and charged with investigating? Will the should be delayed.’’ an objection to a commission’s sub- pro cap-and-trade positions of several Boesch, who has made scientific assess- poena ‘‘without unnecessary delay.’’ commission members transform this ments of oil spills’ effects on the ecosystem, This vague term places no real time from an investigation into what went said usually oil spills are small. But he frame on the Attorney General to act. wrong with this incident into a pitch added, ‘‘The impacts of the oil and gas ex- When the commission itself is sup- for a national energy tax? Will the traction industry (both coastal and offshore) posed to complete its work within 180 commission’s report ultimately be on Gulf Coast wetlands represent an environ- days of its first meeting, an open-ended mental catastrophe of massive and under- credible to all or be compromised due appreciated proportions.’’ delay that could occur due to the inac- to the personal perspective of the An expert not on the commission, Granger tion of the Attorney General must be members that the President appointed? Morgan, head of the engineering and public highlighted. This is particularly impor- Madam Speaker, only time will answer policy department at Carnegie Mellon Uni- tant, Madam Speaker, because the ad- these questions. versity and an Obama campaign contributor, ministration has partly justified its I hope the commission is able to fully said the panel should have included more deepwater drilling moratorium upon and fairly conduct its investigation technical expertise and ‘‘folks who aren’t allowing the commission to complete sort of already staked out’’ on oil issues. into this incident and the govern- Jerry Taylor of the libertarian Cato Insti- its investigation. ment’s response to it. We do need to tute described the investigation as ‘‘an exer- Under the way this bill is drafted, the know what went wrong so that reforms cise in political theater where the findings moratorium—which I might add suf- can be made to ensure American drill- are preordained by the people put on the fered a serious legal blow yesterday by ing is the safest in the world. We’ve got commission.’’ a Federal judge in Louisiana—could to have the facts in order to develop in- When the White House announced the com- drag on much longer than publicly formed, effective solutions to make mission, Interior Secretary Ken Salazar and promised by the President. The eco- certain an accident like this never hap- others made compared it with the one that nomic toll that a prolonged commis- investigated the 1986 Challenger accident. pens again. This one, however, doesn’t have as many sion and a prolonged deepwater mora- So, Madam Speaker, the President’s technical experts. torium could have on the economy of commission isn’t the only entity look- The 13-member board that looked into the the gulf and the jobs of tens of thou- ing into these questions. Congress too first shuttle accident had seven engineering

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Iraj Ersahaghi, who heads the petroleum Reilly told the New York Times Monday Mr. Obama filled out his commission last engineering program the University of that the panel won’t meet until mid-July week, and the news is that there’s neither an Southern California, reviewed the names of and probably won’t complete its rec- oil nor drilling expert in the bunch. Instead, oil spill commissioners and asked, ‘‘What do ommendations until early next year, sig- he’s loaded up on politicians and environ- they know about petroleum?’’ naling that, if an appeals court reverses the mental activists. Ersahaghi said the panel needed to include temporary injunction, the moratorium well One co-chair is former Democratic Senator someone like Bob Bea, a prominent petro- be extended past the six-month deadline. Bob Graham, who fought drilling off Florida leum engineering professor at the University Lazarus, a former associate solicitor gen- throughout his career. The other is William of California, Berkeley, who’s an expert in eral, has represented the United States, Reilly, who ran the Environmental Protec- offshore drilling and the management causes state and local governments and environ- tion Agency under President George H.W. of manmade disasters. mental groups in 37 cases before the U.S. Su- Bush but is best known as a former president Bea, who’s conducting his own investiga- preme Court. and former chairman of the World Wildlife tion into the spill, told The Associated Press His primary areas of legal scholarship are Fund, one of the big environmental lobbies. that his 66-member expert group will serve environmental and natural resources law. The others: as a consultant to the commission, at the re- For the past three summers, he has taught a Donald Boesch, a University of Maryland quest of the panel’s co-chairman, William K. course on Supreme Court history with his ‘‘biological oceanographer,’’ who has opposed Reilly, Environmental Protection Agency old roommate, Chief Justice Roberts. drilling off the Virginia coast and who ar- chief under President George H.W. Bush. ‘‘As staff director I would expect him to be gued that ‘‘the impacts of the oil and gas ex- Adm. Hal Gehman, who oversaw the Co- exceedingly thorough, ask a lot of questions, traction industry . . . on Gulf Coast wet- lumbia accident panel, said his advice to fu- seek probative answers, and reduce the chaos lands represent an environmental catas- ture commissions is to include subject mat- of the unknown to manageable proportions,’’ trophe of massive and underappreciated pro- ter experts. His own expertise was manage- said Oliver Houck, who teaches environ- portions.’’ ment and policy but said his engineering-ori- mental law at Tulane University and co-au- Terry Garcia, an executive vice president ented colleagues were critical to sorting thored a book with Lazarus. ‘‘I also expect at the National Geographic Society, who di- through official testimony. him, as a lawyer and former associate solic- rected coastal programs in the Clinton Ad- ‘‘Don’t believe the first story; it’s always itor, to be quite aware that he is a staff ministration, in particular ‘‘recovery of en- more complicated than they (the people tes- member and aide and not a decision-maker.’’ dangered species, habitat conservation plan- tifying) would like you to believe,’’ Gehman His appointment, though, led some to ques- ning,’’ and ‘‘Clean Water Act implementa- said. ‘‘Complex accidents have complex tion whether the commission is too heavily tion,’’ according to the White House press re- causes.’’ weighted with those who favor strong envi- lease. The oil spill commission will not be at a ronmental regulation and have been critical Fran Ulmer, Chancellor of the University loss for technical help, White House spokes- of the oil industry. of Alaska Anchorage, who is a member of the man Ben LaBolt said. ‘‘The vast majority of those on the oil spill Aspen Institute’s Commission on Arctic Cli- For one, he said the panel will draw on a commission, as well as the staff, appear to mate Change. She’s also on the board of the technical analysis that the National Associa- have a predisposed bias against drilling, and Union of Concerned Scientists, which op- tion of Engineering is performing. Also, it appears their conclusions will be based poses nuclear power and more offshore drill- members will ‘‘consult the best minds and more on politics than on safety, which is dis- ing and wants government policies ‘‘that re- subject matter experts in the Gulf, in the appointing,’’ Rep. Steve Scalise, R-Jefferson, duce vehicle miles traveled’’ (i.e., driving in private sector, in think tanks and in the fed- said. cars). eral government as they conduct their re- But White House spokeswoman Moira Frances Beinecke, president of the Natural search.’’ Mack said the commission has ‘‘broad and Resources Defense Council, who prior to her That makes sense, said John Marburger, diverse representation,’’ including environ- appointment blogged about the spill this who was science adviser to President George mentalists, academics, scientists, a former way: ‘‘We can blame BP for the disaster and W. Bush. EPA administrator and former governor and we should. We can blame lack of adequate ‘‘It’s not really a technical commission,’’ senator. government oversight for the disaster and we Marburger said. ‘‘It’s a commission that’s ‘‘The National Association of Engineering should. But in the end, we also must place more oriented to understanding the regu- is conducting a technical analysis that the blame where it originated: America’s addic- latory and organizational framework, which commission will draw upon,’’ she said. ‘‘The tion to oil.’’ clearly has a major bearing on the incident.’’ commission will consult with the best minds On at least five occasions since the acci- and subject matter experts in the Gulf, in dent, Ms. Beinecke has called for bans on off- [From Times-Picayune, Tuesday, June 22, the private sector, in think tanks and in the shore and Arctic drilling. 2010] federal government as they conduct their re- Rounding out the panel is its lone member with an engineering background, Harvard’s OIL SPILL COMMISSION COORDINATOR HAS search.’’ Cherry A. Murray, though her specialties are REPRESENTED ENVIRONMENTAL GROUPS The oil and gas industry needs a thorough physics and optics. (By Bruce Alpert) examination, Mack said. ‘‘There’s no doubt that Minerals Manage- Whatever their other expertise, none of The commission created by President ment Service has been too cozy with the oil these worthies knows much if anything Barack Obama to investigate the Gulf of and gas industry and there are many in- about petroleum engineering. Where is the Mexico oil spill appointed a Georgetown Uni- stances in which it has allowed the industry expert on modern drilling techniques, or rig versity environmental law professor Tuesday to dictate regulations,’’ Mack said. ‘‘No safety, or even blowout preventers? The choice of men and women who are long as its executive staff director. more. The commission will bring a set of Bob Graham, a Democrat, and William opposed to more drilling suggests not a fair fresh eyes to conduct a top to bottom review Reilly, a Republican, lead the seven-member technical inquiry but an antidrilling polit- of offshore drilling regulation and the as- commission to investigate the Gulf of Mex- ical agenda. With the elections approaching sumptions that have guided it, to ensure ico oil spill. and Democrats down in the polls, the White that the BP Deepwater Horizon Spill will Richard Lazarus, a graduate of Harvard House is looking to change the subject from never be repeated.’’ University Law School where he was the health care, the lack of jobs and runaway Obama has asked Congress to provide $15 roommate of Supreme Court Chief Justice deficits. Could the plan be to try to wrap million to finance the commission’s work. John Roberts, has been given the task of co- drilling around the necks of Republicans, ar- Sen. Mary Landrieu, D-La., said she wasn’t ordinating the National Commission on the guing that it was years of GOP coziness with surprised when Reilly said the commission BP Deepwater Horizon Oil Spill and Offshore Big Oil that led to the spill? won’t be able to meet the six-month deadline Drilling, which will determine what new reg- White House Chief of Staff established by Obama. She said that federal ulations will govern future deepwater drill- took this theme for a test drive on Sunday commissions ‘‘often extend their timeline, ing operations. when he said that Republicans think ‘‘the and their jurisdiction,’’ though she said it’s The appointment was announced by the aggrieved party here is BP, not the fisher- important the panel complete its work fairly commission’s co-chairs Bob Graham, a man.’’ He added that this ought to remind and expeditiously. former Democratic governor and U.S. sen- Americans ‘‘what Republican governance is ator from Florida, and Republican William like.’’ The antidrilling commission could [From the Wall Street Journal, June 22, 2010] Reilly, a former Environmental Protection feed into this campaign narrative with a Agency Administrator. THE ANTIDRILLING COMMISSION mid-September, pre-election report that The Obama administration established a The President has appointed a seven-per- blames the disaster on the industry and six-month moratorium on deepwater drilling son commission to take what he says will be Bush-era regulators and recommends a ban to give the seven-member commission time an objective look at what caused the Gulf on most offshore exploration. The media

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.081 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4724 CONGRESSIONAL RECORD — HOUSE June 23, 2010 would duly salute, while Democrats could mission with every means available to to the National Commission on the BP then take the handoff and force antidrilling find out exactly what caused the BP Deepwater Horizon Oil Spill and Off- votes on Capitol Hill. disaster so we can do everything pos- shore Drilling. Even as this commission moves forward, As we stand here today, oil is still engineering experts across the country have sible to prevent such a disaster from agreed that there is no scientific reason for ever happening again. Arming the com- pouring into the Gulf of Mexico off the a blanket drilling ban. The Interior Depart- mission with subpoena power will help coast of Louisiana, and 242 miles of ment invited experts to consult on drilling us accomplish these goals and will help Louisiana shoreline are impacted by practices, but as we wrote last week eight of the affected communities to recover. this oil. The highest priority for us them have since said their advice was dis- Madam Speaker, the need for sub- must be to stop this leak and to get torted to justify the Administration’s six- poena power is certainly indicated by this mess cleaned up. BP must be held month drilling moratorium. 100 percent accountable for their ac- Judging from that decision and now from BP’s wholly unsatisfactory response to Mr. Obama’s drilling commission, the days of this crisis. Unlike the gush of oil, BP tions, and the administration must be ‘‘science taking a back seat to ideology’’ are has tightly controlled the flow of infor- accountable for their role in the re- very much with us. mation following its spill. It has regu- sponse and oversight. Many questions Madam Speaker, I reserve the bal- larly stonewalled requests by Members are still without answers, the most ance of my time. of Congress, independent researchers, pressing being what went wrong. Mr. RAHALL. Madam Speaker, I and the public to provide accurate and The bill we have before us today yield myself 30 seconds. timely information. would provide subpoena power to the I appreciate the gentleman’s listing BP has failed to tell us the amount of National Commission on the BP Deep- and submitting for the RECORD the oil it’s spilling into the gulf waters water Horizon Oil Spill and Offshore backgrounds of this commission ap- every day. BP has failed to provide Drilling. This commission has been pointed by the President. I will not at health and safety data to the public, to tasked by the President with providing this time, although I almost feel com- the scientists, and the Federal Govern- recommendations on how we can pre- pelled to, ask for submission into the ment. And BP has failed to prepare for vent and mitigate the impact of any fu- RECORD the financial and political the capture of all the oil being si- ture spills that result from offshore background of the Federal judge that phoned up from the well. Simply put, drilling. Future tragedies that we are just issued a decision against the ad- BP’s behavior raises major doubts currently experiencing can only be pre- ministration’s moratoria this week, about its willingness to provide a full vented if we know what went wrong. but I won’t do that; nor the fact that accounting of what went wrong when We must find out who made the mis- the commission had some 150 scientists they appear before the commission. takes, who made the erroneous judg- at their disposal as well, but I won’t The only way to get the information ment, what failed, and just exactly submit their backgrounds and history we all need from BP, Transocean, Hal- what went wrong. at this time. liburton and other private entities is I will also interject, Madam Speaker, Instead, I will yield 5 minutes to the for the commission to have the power that, in operations like this, there are gentlewoman from California (Mrs. to compel its disclosure. The commis- many backup systems; there are many CAPPS). sion just won’t be able to do its work redundancies. So, for a tragedy and a Mrs. CAPPS. Madam Speaker, I rise without complete access to the infor- disaster like this to happen, there had in strong support of this legislation to mation it needs. So passing this bill is to be gross error and gross negligence. give the National Commission on the the appropriate and responsible thing This sort of thing just doesn’t happen BP Oil Spill the power to issue sub- to do. It’s also consistent with Federal out of whole cloth. poenas. commission investigations that fol- I will support the bill today, but I I want to thank three chairmen— lowed previous disasters, such as that share the concerns raised by my col- Chairman RAHALL, Chairman OBER- on Three Mile Island. leagues on the scope of the subpoena STAR and Chairman CONYERS—for expe- Madam Speaker, the people of the authority. I will voice my own concern diting the consideration of my bill, and Gulf of Mexico and the Nation deserve and will urge Congress, this commis- I really appreciate the tireless effort of an explanation for all the cir- sion, and the administration to keep Chairman MARKEY, who has worked cumstances and the decisions that led their eye on the ball to resolve the cri- with me on this bill and our earlier bill up to this disaster. Only a comprehen- sis affecting my State and our country which was the basis for the President’s sive, independent review with subpoena and not to use this as an opportunity order to set up the commission in the power will ensure the necessary lessons to advance an agenda, to shut down off- first place. I also appreciate the Speak- to be learned, practices changed, and shore drilling, or to impose a national er and the majority leader for bringing future disasters averted. energy tax. H.R. 5481 before us today. So I urge my colleagues to join me in The people of Louisiana have been As we witness the continued destruc- supporting this important legislation. hurt enough by BP’s failures and by tion affecting the livelihood of gulf Subpoena power is critical to hold all the inability of the administration to residents and the environment, a full the parties accountable, protect tax- timely and effectively deal with this and thorough investigation must be payers, and successfully clean up the disaster. The last thing we need is the conducted. The American people want disaster in the gulf. Federal Government’s adding to this answers from those responsible for the disaster by crippling one of the largest devastating gulf oil spill. Providing b 1500 economic drivers in my State of Lou- subpoena power to the commission will Mr. HASTINGS of Washington. isiana. The moratorium imposed by the ensure that no stone goes unturned, Madam Speaker, how much time re- administration would do just that. A and it will enable the American people mains on both sides? Federal judge recently temporarily to get the truth about how and why The SPEAKER pro tempore. The gen- stayed the moratorium, affirming that this disaster occurred. tleman from Washington has 13 min- it would cause irreparable harm. Any While the President has committed utes remaining, and the gentleman action by the administration, by this the full cooperation of the Federal from West Virginia has 14 minutes re- commission, and by this Congress must Government to the commission, he maining. be based on science and not politics. does not have the authority to give it Mr. HASTINGS of Washington. At Let’s get the answers to what happened subpoena power; congressional action this time, Madam Speaker, I am very in order to stop the oil, to clean up the is required. With the investigation ex- pleased to yield 5 minutes to a member gulf, and to help Louisiana. pected to start soon, it’s vital the com- of the Natural Resources Committee, Also, I want to point out a couple of mission has the tools and the resources the gentleman from Louisiana (Mr. things on this bill about the actors in it needs to get the job done. FLEMING). this situation. First of all, I want to As I’ve said repeatedly on the House Mr. FLEMING. I thank the gen- say that I condemn BP and its actions. floor, oil drilling is never without risk, tleman from Washington for the time. It is very clear that BP was negligent, but if we’re going to make it as safe as Madam Speaker, I stand in favor of if not criminal, in its actions by put- possible, we need to provide the com- H.R. 5481, which gives subpoena power ting profits ahead of safety.

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.084 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4725 Let’s talk about the administration BP said the rig couldn’t sink. It did. b 1510 for a moment. The administration BP said they could respond to an Mr. HASTINGS of Washington. failed to address well-known problems Exxon Valdez-sized spill every day. Madam Speaker, I am pleased to yield with the Minerals Management Service They couldn’t. BP initially claimed 4 minutes to the gentleman from Lou- even well into the first 18 months of that the oil spill was 1,000 barrels a isiana (Mr. CASSIDY), a member of the the administration. It held off high- day. It wasn’t. BP knew it. Internal BP Natural Resources Committee. volume skimmers from other countries documents show that, in the first week Mr. CASSIDY. Madam Speaker, it’s that were offered within 3 days of the of the disaster, BP estimated the size been 64 days since the Deepwater Hori- disaster. They barely acknowledged the of the spill could be as high as 14,000 zon exploded, sank, killed 11 rig work- spill for 9 days. They did not give per- barrels per day. It took BP 23 days to ers, and began spilling oil into the Gulf mission for berm construction for al- finally agree to release video footage of of Mexico. So I think we all agree that, most 60 days in my home State of Lou- the oil spill. Even then, BP initially first and foremost, we must stop the isiana. They repeatedly stopped emer- only released video of one of the 12 re- leak, clean up the spill, protect our gency cleanup operations for trivial or mote operating vehicles on the ocean coast, and hold BP accountable for unknown reasons, and that is hap- floor. damages. pening even today. They repeatedly All along, it seems that BP has been Next, though, we’ve got to get to the slapped moratoria, as I mentioned be- much more concerned about its own li- bottom of what happened. And like my fore, on offshore drilling that is over ability—they pay a fine per barrel of colleague just said, if we’re going to go 500 feet, which is not, truly, deep oil per day—than they have been with ultra-deep, make sure that it’s ultra- water, and when all of the experts on the livability of the Gulf of Mexico and safe. Now, for that to happen, we have this panel said that it was perfectly with the livelihoods of the people who to know the facts—a detailed account safe to do so. are dependent upon the Gulf of Mexico informed by understanding of what did I would like to say there is one silver for their livings. take place, and then put in these ultra- lining in this entire situation, and that BP’s actions raise significant con- safe safety and enforcement measures is my own Governor, Governor Jindal. cerns about whether it will fully co- to make the United States the safest Governor Jindal has been standing operate with the commission. We need place to drill to get the resources to point each day in this process, doing to ensure that neither BP, Halliburton, power our economy. everything that a Governor should do Transocean nor any other party could Now this was supposed to be the pur- and must do while our President is on prevent the commission from getting pose of the National Oil Spill Commis- the golf course and while, of course, to the bottom of what went wrong at sion. Instead, the members of this do the CEO of BP is out on a yacht. the bottom of the ocean on April 20, not appear to be up to the challenge. So I just want to say, in summary, 2010, when the Deepwater Horizon ex- Instead of appointing independent ex- Madam Speaker, that I do support H.R. ploded. perts with knowledge and expertise of 5481. This is one step in many toward Congress has granted subpoena power deepwater drilling, the President has finding out what happened here. We do to Presidential commissions inves- packed the commission with people need subpoena power to find out every tigating national crises in the past, in- who lack expertise in the issues we’re bit of this, which will be going on for cluding the Kemeny Commission, confronting. years, but so will the cleanup and so which investigated the disaster at First, let me say, Madam Speaker, I will the impact on my State of Lou- Three Mile Island, and the 9/11 Com- am for this commission having sub- isiana, which at this point means that mission. poena power. I am for them learning as our tourism industry and our fisheries As the worst environmental disaster much as they can learn. My concern is will be devastated, and now that the in our Nation’s history continues to they do not have the members capable moratorium is shutting down 33 rigs, it unfold in the gulf, the American people of understanding what they need to un- is devastating our economy and our and the people of the gulf coast deserve derstand. There are no petroleum engi- jobs. answers so that we can prevent similar neers in this commission, nor anyone Mr. RAHALL. Madam Speaker, I disasters in the future. This legislation else with experience in deepwater drill- yield 5 minutes to the gentleman from will ensure that the National Commis- ing. (Mr. MARKEY). sion has the power it needs to get those Now, if you’re going to have a com- Mr. MARKEY of Massachusetts. I answers for the American people. mission to figure out what went wrong thank the chairman very much. I We have to make sure that this never in a petroleum engineering cir- thank him for his excellent work and happens again. We have to make sure cumstance in deepwater drilling, you for his timely hearings on this cata- that the lessons learned are imple- need members who have expertise in strophic event. mented. If the oil industry is going to those issues. And if we don’t learn from I thank the gentlewoman from Cali- drill in ultradeep waters, we have to this, if we don’t figure out how not to fornia (Mrs. CAPPS) for her excellent ensure that it is ultrasafe and that repeat these mistakes, then we’re work on this indispensable piece of leg- there is an ultrafast response that can, dooming ourselves to either repeat islation and for working together in a in fact, ensure that there is a mini- these accidents or to have an energy bipartisan fashion with the minority to mization of the harm done to the resi- future which is far less secure. ensure that we have an historically ac- dents of the gulf. Every oil company Now, Candidate Obama pledged to curate assessment of what has hap- now says they have no capacity to re- put science before politics, but it ap- pened in the Gulf of Mexico. spond ultrafast to a catastrophic event pears the President is rejecting science Madam Speaker, President Obama the size of what is happening in the and professional expertise in respond- established a bipartisan National Com- gulf right now. We have to make sure ing to this. He recently imposed a mor- mission to investigate the causes of the that none of this occurs again. Only atorium that his handpicked experts BP disaster through Executive order. with the subpoena power can we under- said should not be put in place. These However, the President does not have stand everything that happened—only experts stated this moratorium ‘‘will the authority to give the commission with the passage of that today. have a lasting impact on the Nation’s subpoena power. That requires the Con- Again, I urge all Members to cast an economy which may be greater than gress to act. ‘‘aye’’ vote. that of the oil spill.’’ They specifically BP’s response continues to be Mr. HASTINGS of Washington. said that the moratorium should not be marked by catastrophic failures. Just Madam Speaker, may I inquire again blanket, but rather targeted to those today, an accident with an underwater as to how much time remains on both rigs at risk. recovery at the bottom of the sea has sides? Madam Speaker, I speak as someone forced BP to remove the containment The SPEAKER pro tempore. The gen- from Louisiana. We have over 150,000 cap, and oil is now gushing into the tleman from Washington has 8 minutes jobs at stake here. These are jobs in ocean at a rate of 25,000 to 50,000 bar- remaining, and the gentleman from the energy production field, fisheries, rels per day. BP’s mistakes seem to be West Virginia has 91⁄2 minutes remain- wetlands, and our ecosytem. At stake without end. ing. is not only these jobs, though, but the

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The citizens have had their lives and because I think we all need to know So, again, I would urge the President livelihoods upended by this spill, but what went wrong on that rig to lead to and the Secretary to go back and read the commission we’re debating here the explosion that, unfortunately, took that report and follow the rec- today is a disappointment. To get to the lives of 11 people and has led to not ommendations of his own scientists. the bottom of what happened, we need only this human loss but this environ- Mr. RAHALL. Madam Speaker, I people who are up to the task. We need mental loss. yield 2 minutes to the gentlewoman to put science before politics for the I would hope that they would be ob- from California (Mrs. CAPPS), the spon- sake of the gulf, our Nation, and for jective in their deliberations. I think I sor of the pending resolution. do have concerns that some of the those whose jobs are at risk. b 1520 Mr. RAHALL. Madam Speaker, I members appear to maybe come to this yield 2 minutes to the gentleman from with a predisposed outcome. And they Mrs. CAPPS. I thank the chairman New Jersey (Mr. HOLT), a member of would be well served and the country for recognizing me. our Committee on Natural Resources. would be well served if they put their I just want to give some information Mr. HOLT. I thank the chair of our political agendas on the side and actu- about the nature of the commission for committee for yielding. ally focused on finding out what went the RECORD and to clear up some mis- Madam Speaker, I rise in support of wrong and coming up with real rec- information that apparently is being H.R. 5481, which Mrs. CAPPS has ommendations. circulated. The truth is that the com- brought before us, that would grant Now, if we look at the legislation not mission is not designed to be technical subpoena powers to the Presidential only here before us but also some of in nature. It is more oriented to under- Commission on the BP Deepwater Hori- the problems we’re dealing with on the standing the regulatory and organiza- zon Oil Spill. Our Nation is in the ground, we continue to have problems tional framework, which clearly has a midst of a great environmental dis- and we seem to be spending more of our major bearing on the incident. aster of historic scale—tens of thou- time fighting against this administra- The commission is going to consult sands of barrels gushing into the gulf, tion rather than fighting the oil be- the very best minds and subject matter hundreds of miles of coast line con- cause we’re not getting the leadership experts as they do their work. The taminated, thousands of people suf- we need from the President. Just yes- commission members bring expertise fering from the economic impact. With terday, the sand barrier plan brought in a range of relevant fields, from oil today’s news that the cap has been re- forward by our Governor that the drilling to engineering to environ- moved, this environmental catastrophe President himself bragged about help- mental science. The appointment of continues only to get worse. ing approve last week was stopped, the commission is another step from BP has not been forthcoming over halted by the Federal Government. Yet the Obama administration to hold the the past months—not forthcoming in again, this kind of administrative red oil industry accountable by ensuring what they were doing or how it was tape is something that’s holding us that independent experts review the done or how much oil was gushing out back from properly responding to this facts of the spill and recommend nec- and on and on and on. We owe it to the disaster. essary environmental and safety pre- American people that they have an an- But if you look at what’s happening cautions to address this disaster and to swer for what has happened; why it has with this ban on drilling in general, prevent future disasters. At the request happened; how it will be brought under Secretary Salazar had initially put a of co-chair William Riley, there is a 66- control; what actions are being taken commission together to come up with member expert panel led by Robert Bea to prevent future spills. We can’t let recommendations. They had a 30-day that will serve as a consultant to the corporate prevarication and delay and report that they issued. And these were commission. These technical experts feigned ignorance stand in the way. scientists that were put together on are critical to sorting through all of I support the President’s action in recommendation by the National Acad- the information that’s presented, and creating a commission to determine emy of Engineers, and they came up the commission is required to draw on the answers to these questions. And as with some solid recommendations to the technical analysis that the Na- the commission begins to investigate improve safety; but they opposed a ban tional Association of Engineering is the spill in the coming weeks, we must on drilling. Unfortunately, Secretary currently performing. ensure that it has the tools necessary Salazar set that ruling on the side, set I just want to add that Congress is to succeed. Granting the commission that report on the side, and ignored the also providing oversight on efforts to subpoena powers will ensure that they reports of scientists and put politics contain the spill and to mitigate the undertake a complete inquiry on the over safety and science and went for- devastation. There are thorough inves- causes of the spill and make meaning- ward with the ban that yesterday a tigations into what led to this tragedy, ful recommendations on how to pre- judge ruled was not legal, not proper. with dozens of House hearings in the vent similar disasters. I urge support. And so as this commission moves for- past 2 weeks alone in order to hold re- I also want to point out that we need ward, I would hope that they would ac- sponsible parties accountable, as well to ensure that the responsible parties tually follow the rule of law and come as to inform what changes must be are held accountable for the economic up with objective decisions. But I think made so that it never happens again. damages they’ve caused. The Big Oil the Secretary would be well served and Although Republican leaders have Bailout Prevention Act, which has the the President would be well served to scoffed at these efforts, Democrats will support of nearly a fifth of this body, go back to the report that was issued continue to provide the necessary over- would raise the liability limit for eco- by his own scientific panel that came sight to hold responsible parties ac- nomic damages from the laughably up with suggestions to improve safety countable and to ensure that every small $75 million. It’s my hope that on rigs without shutting down an en- measure is taken to ensure that a dis- Congress will also act on this impor- tire industry. aster like this never occurs again. tant legislation in the near future. Unfortunately, the President and the Mr. HASTINGS of Washington. Mr. HASTINGS of Washington. Secretary continue to set those kinds Madam Speaker, I am pleased to yield Madam Speaker, I am pleased to yield of scientific recommendations on the 1 minute to the gentleman from Cali- 3 minutes to the gentleman from Lou- side and allow politics to trump the fornia (Mr. ROHRABACHER). isiana (Mr. SCALISE), a member of the science by continuing to pursue this Mr. ROHRABACHER. Madam Speak- Energy and Commerce Committee. ban, even though the judge said that er, let us note that this catastrophe Mr. SCALISE. I thank the gentleman their decision was arbitrary and capri- could well have been avoided in a num- for yielding. cious; that they did not have the legal ber of ways. What we are talking about

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.090 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4727 now is the fact that standards that al- health of potentially hundreds of workers en- Mr. RAHALL. Madam Speaker, on ready are in place were not followed, gaged in the clean up, and catastrophic eco- that I demand the yeas and nays. and we had best practices that, of nomic losses that will not be known for some The yeas and nays were ordered. course, are required of the industry time for the people of the Gulf Coast region. The SPEAKER pro tempore. Pursu- that were not being followed. And I Gas and oil continue to gush out of control ant to clause 8 of rule XX and the think we’re going to find that out. So from the well nearly 65 days since the explo- Chair’s prior announcement, further the last thing we want to do is cripple sion. proceedings on this motion will be the United States’ production of do- On May 22, President Obama issued Exec- postponed. utive Order 13543 to establish the BP Deep- mestic energy in order to find out and f hold a certain group of people account- water Horizon Oil Spill and Offshore Drilling able for the fact that they did not fol- Commission. The Commission’s mission is to: PRIVILEGED REPORT ON RESOLU- low the practices or the standards. 1. examine the facts and circumstances TION OF INQUIRY TO SEC- But let’s put it this way: Congress concerning the Deepwater Horizon oil spill dis- RETARY OF THE INTERIOR has not done its job as well. We have aster; Mr. RAHALL, from the Committee 2. develop options for preventing and miti- spent billions of dollars on research on Natural Resources, submitted a gating the impact of oil spills associated with and development for the Department of privileged report (Rept. No. 111–510) on offshore drilling including: improvements to Energy. That money has been chan- the resolution (H. Res. 1406) directing Federal laws, regulations, and industry prac- neled into nonsense, like proving glob- tices and reforms to federal agencies; and the Secretary of the Interior to trans- al warming rather than spending some 3. submit a public report to the President mit to the House of Representatives money—which we have—spending with findings and options for consideration certain information relating to the po- money on research and development to within six months of the Commission’s first tential designation of National Monu- make the technology that we need to meeting. ments, which was referred to the House have safe oil and gas production, which There are many serious questions that need Calendar and ordered to be printed. our country currently depends upon for to be answered surrounding this catastrophe. f our standard of living. The President’s Executive Order establishes a So we haven’t done our job here. We framework for pursuing these questions and RECESS haven’t set our priorities here. And on providing needed policy improvements regard- The SPEAKER pro tempore. Pursu- top of that, we did not develop the ing offshore oil drilling. However, the Commis- ant to clause 12(a) of rule I, the Chair technology necessary to deal with a sion lacks a critical tool: subpoena power. declares the House in recess subject to spill of this magnitude. Kevin Costner Unfortunately, it is in the interests of certain the call of the Chair. came to our office and testified at a parties to withhold important information, rath- Accordingly (at 3 o’clock and 25 min- hearing. He’s put his own money into er than to provide it voluntarily. I know from utes p.m.), the House stood in recess this. So we need to set our own prior- our own oversight work on the Committee that subject to the call of the Chair. ities. We need to deal with this crisis. subpoena power is absolutely necessary to f Mr. RAHALL. Madam Speaker, I re- identify and to get the information required to serve the balance of my time. make better policies and to protect public b 1617 Mr. HASTINGS of Washington. I health, the environment, and to prevent the AFTER RECESS yield myself the balance of my time. mistakes of the past. For the Commission to Madam Speaker, this commission is fulfill its critical mission, it must have the The recess having expired, the House necessary so the commission has sub- power to compel parties to provide it with in- was called to order by the Speaker pro poena power. I think everybody under- formation. Congress has provided similar pow- tempore (Ms. RICHARDSON) at 4 o’clock stands that and supports that. But we ers to prior commissions and provided this and 17 minutes p.m. need to do the three things that I had same investigatory power to the Offices of In- f spector General pursuant to the Inspector mentioned earlier. And that is to cap ANNOUNCEMENT BY THE SPEAKER General Act of 1978. the well, to clean up all of the oil that PRO TEMPORE has spilled out, and to hold BP ac- The gentlewoman from California (Mrs. countable. Those things I think have CAPPS) has introduced legislation (H.R. 5481) The SPEAKER pro tempore. Pursu- very, very strong bipartisan support. to ensure that the BP Deepwater Horizon ant to clause 8 of rule XX, proceedings The only issue is what has been ad- Commission has the ability to pursue critical will resume on motions to suspend the dressed a few times at least from my questions and lines of inquiry wherever they rules previously postponed. perspective and in print about the ob- may lead. The bill allows the Commission to Votes will be taken in the following jectivity of this commission. And of issue subpoenas to compel the attendance order: course, Madam Speaker, we all know and testimony of witnesses, and produce H.R. 5481, by the yeas and nays; that only time will tell when that judg- records and correspondence, among other H.R. 3993, by the yeas and nays; ment will be made. But if they work in items. H. Res. 1388, de novo. an objective way, look at the facts, and Passage of this legislation will give the BP The first electronic vote will be con- come to a decision based on the facts Deep Horizon Oil Spill and Offshore Drilling ducted as a 15-minute vote. Remaining rather than a political point of view, I Commission a central tool that it needs to get electronic votes will be conducted as 5- think we’ll all be better served by that. to the truth. minute votes. I thank the gentlewoman from California And with that, I urge support of this f legislation. (Mrs. CAPPS) for introducing this important bill GRANTING SUBPOENA POWER TO Mr. OBERSTAR. Madam Speaker, I rise and for her unwavering commitment to this issue. COMMISSION INVESTIGATING BP today in strong support of H.R. 5481, as I urge my colleagues to join me in sup- DEEPWATER OIL SPILL amended, to give subpoena power to the Na- porting H.R. 5481. The SPEAKER pro tempore. The un- tional Commission on the BP Deepwater Hori- Mr. HASTINGS of Washington. I zon Oil Spill and Offshore Drilling. yield back the balance of my time. finished business is the vote on the mo- On April 20, 2010, the Deepwater Horizon, Mr. RAHALL. I yield back the bal- tion to suspend the rules and pass the a mobile offshore drilling unit (MODU) oper- ance of my time, Madam Speaker. bill (H.R. 5481) to give subpoena power ating in the Gulf of Mexico off Louisiana, suf- The SPEAKER pro tempore. The to the National Commission on the BP fered a blowout and an uncontrollable release question is on the motion offered by Deepwater Horizon Oil Spill and Off- of gas and oil. This touched off an explosion the gentleman from West Virginia (Mr. shore Drilling, as amended, on which and fire that claimed the lives of 11 men, in- RAHALL) that the House suspend the the yeas and nays were ordered. jured many others, and resulted in the loss of rules and pass the bill, H.R. 5481, as The Clerk read the title of the bill. the rig. amended. The SPEAKER pro tempore. The This casualty has also resulted in the re- The question was taken. question is on the motion offered by lease of millions of gallons of gas and oil into The SPEAKER pro tempore. In the the gentleman from West Virginia (Mr. the Gulf of Mexico, the destruction of critical opinion of the Chair, two-thirds being RAHALL) that the House suspend the shoreline and ocean habitats, impacts to the in the affirmative, the ayes have it. rules and pass the bill, as amended.

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.092 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4728 CONGRESSIONAL RECORD — HOUSE June 23, 2010 The vote was taken by electronic de- Michaud Rangel Smith (TX) Lud ably served in our Congress from Miller (FL) Rehberg Smith (WA) vice, and there were—yeas 420, nays 1, Miller (MI) Reichert Snyder 1955 to 1981, a career that spanned a answered ‘‘present’’ 2, not voting 9, as Miller (NC) Reyes Space quarter century, after he returned follows: Miller, George Richardson Speier home as a corporal in the Army during Minnick Rodriguez Spratt [Roll No. 382] World War II, serving in the Pacific Mitchell Roe (TN) Stark theater. YEAS—420 Mollohan Rogers (AL) Stearns Moore (KS) Rogers (KY) Stupak As the Toledo Blade editorial re- Ackerman Crowley Holt Moore (WI) Rogers (MI) Sullivan minds us, ‘‘The late Senator Edward Aderholt Cuellar Honda Moran (KS) Rohrabacher Sutton Kennedy once said: ’Americans sleep in Adler (NJ) Culberson Hoyer Moran (VA) Rooney Tanner Akin Cummings Hunter Murphy (CT) Ros-Lehtinen Taylor better housing today because of Lud Alexander Dahlkemper Inglis Murphy (NY) Roskam Teague Ashley.’’’ As chair of the House Sub- Altmire Davis (AL) Inslee Murphy, Patrick Ross Terry committee on Housing and Community Andrews Davis (CA) Israel Murphy, Tim Rothman (NJ) Thompson (CA) Development, Lud led America in Arcuri Davis (IL) Issa Myrick Roybal-Allard Thompson (MS) Austria Davis (KY) Jackson (IL) Nadler (NY) Royce Thompson (PA) urban and small town revitalization, Baca Davis (TN) Jackson Lee Napolitano Ruppersberger Thornberry improving our condition as a society a Bachmann DeFazio (TX) Neal (MA) Rush Tiahrt home and block at a time. He voted for Bachus DeGette Jenkins Neugebauer Ryan (OH) Tiberi Baird DeLauro Johnson (GA) Nye Ryan (WI) Tierney the Civil Rights Act of 1964 and au- Baldwin Dent Johnson (IL) Oberstar Salazar Titus thored many pieces of legislation to re- Barrow Deutch Johnson, E. B. Obey Sa´ nchez, Linda Tonko build America following the civil Bartlett Diaz-Balart, L. Johnson, Sam Olson T. Towns rights movement of that period. Barton (TX) Diaz-Balart, M. Jones Olver Sanchez, Loretta Tsongas Bean Dicks Jordan (OH) Ortiz Sarbanes Turner In 1977, Mr. Ashley was selected by Becerra Dingell Kagen Owens Scalise Upton his beloved friend and Speaker, Thom- Berkley Djou Kanjorski Pallone Schakowsky Van Hollen as ‘‘Tip’’ O’Neill, to lead the House in Berman Doggett Kaptur Pascrell Schauer Vela´ zquez Berry Donnelly (IN) Kennedy Pastor (AZ) Schiff Walden the first ad hoc Energy Committee Biggert Doyle Kildee Paulsen Schmidt Walz after the first Middle East oil embargo Bilbray Dreier Kilpatrick (MI) Payne Schock Wasserman threw America into a deep recession. Bilirakis Driehaus Kilroy Pence Schrader Schultz As Speaker O’Neill said at the time, Bishop (GA) Duncan Kind Perlmutter Schwartz Waters Bishop (NY) Edwards (MD) King (IA) Perriello Scott (GA) Watson ‘‘Lud has a toughness and a never-say- Bishop (UT) Edwards (TX) King (NY) Peters Scott (VA) Watt die attitude, and who, when he was put Blackburn Ehlers Kingston Peterson Sensenbrenner Waxman on the first team, could run with the Blumenauer Ellison Kirkpatrick (AZ) Petri Serrano Weiner Blunt Ellsworth Kissell Pingree (ME) Sessions Welch ball.’’ Boccieri Emerson Klein (FL) Pitts Shadegg Westmoreland Born on January 11, 1923, in Toledo, Boehner Engel Kline (MN) Poe (TX) Shea-Porter Whitfield Lud was raised on Robinwood Avenue. Bonner Eshoo Kosmas Polis (CO) Sherman Wilson (OH) He has been laid to rest nearby at Bono Mack Etheridge Kratovil Pomeroy Shimkus Wilson (SC) Boozman Fallin Kucinich Posey Shuler Wittman Woodlawn Cemetery. He was the great Boren Farr Lamborn Price (GA) Shuster Wolf grandson of James Mitchell Ashley of Boswell Fattah Lance Price (NC) Simpson Woolsey Ohio, who served before him from 1859– Boucher Filner Langevin Putnam Sires Wu 1869 and coauthored the 13th Amend- Boustany Flake Larsen (WA) Quigley Skelton Yarmuth Boyd Fleming Larson (CT) Radanovich Slaughter Young (AK) ment to the U.S. Constitution out- Brady (PA) Forbes Latham Rahall Smith (NE) Young (FL) lawing slavery. In that tradition, Lud Brady (TX) Fortenberry LaTourette Braley (IA) Foster Latta NAYS—1 Ashley’s legacy was his abiding spirit of equal justice that moved civil rights Bright Foxx Lee (CA) Paul Broun (GA) Frank (MA) Lee (NY) forward in the post-World War II era. Brown, Corrine Franks (AZ) Levin ANSWERED ‘‘PRESENT’’—2 It is appropriate this Congress has Brown-Waite, Frelinghuysen Lewis (CA) Miller, Gary Nunes Ginny Fudge Lewis (GA) honored both Congressmen in passing Buchanan Gallegly Linder NOT VOTING—9 legislation that named the Federal Burgess Garamendi Lipinski courthouse at Toledo forever in their Barrett (SC) Kirk Smith (NJ) Burton (IN) Garrett (NJ) LoBiondo memory. Butterfield Gerlach Loebsack Brown (SC) Platts Visclosky Buyer Giffords Lofgren, Zoe Delahunt Sestak Wamp Our prayers go out to the Ashley Calvert Gingrey (GA) Lowey family: to his daughter Lisa and sons Camp Gohmert Lucas b 1648 Meredith and his wife Monica, to Mark, Campbell Gonzalez Luetkemeyer Messrs. WU, SCHRADER, POE of brother Charles, sister-in-law Gerry, Cantor Goodlatte Luja´ n Cao Gordon (TN) Lummis Texas, PETERS, SHADEGG, and and many nieces and nephews. He was Capito Granger Lungren, Daniel GUTIERREZ changed their vote from preceded in death by his wife, Kath- Capps Graves (GA) E. ‘‘nay’’ to ‘‘yea.’’ leen. Capuano Graves (MO) Lynch So (two-thirds being in the affirma- Our citizenry in the 9th Congres- Cardoza Grayson Mack Carnahan Green, Al Maffei tive) the rules were suspended and the sional District shall miss his great in- Carney Green, Gene Maloney bill, as amended, was passed. tellect, dogged nature, and incredible Carson (IN) Griffith Manzullo The result of the vote was announced sense of humor that lifted us all to Carter Grijalva Marchant Cassidy Guthrie Markey (CO) as above recorded. carry forward. Castle Gutierrez Markey (MA) A motion to reconsider was laid on Thank you, Thomas Ludlow Ashley. Castor (FL) Hall (NY) Marshall the table. [From toledoBlade.com, June 16, 2010] Chaffetz Hall (TX) Matheson CONGRESSMAN KNOWN FOR AIDING HOUSING, Chandler Halvorson Matsui f Childers Hare McCarthy (CA) CIVIL RIGHTS DIES AT 87 Chu Harman McCarthy (NY) MOMENT OF SILENCE HONORING (By Mark Zaborney) Clarke Harper McCaul THE PASSING OF FORMER REP- Thomas Ludlow ‘‘Lud’’ Ashley, a liberal Clay Hastings (FL) McClintock RESENTATIVE THOMAS LUDLOW Democrat who played key roles in passing Cleaver Hastings (WA) McCollum landmark civil rights, housing, and anti-pov- Clyburn Heinrich McCotter ASHLEY erty legislation while representing Toledo in Coble Heller McDermott (Ms. KAPTUR asked and was given Coffman (CO) Hensarling McGovern Congress for more than a quarter century, Cohen Herger McHenry permission to address the House for 1 died yesterday of melanoma at his home in Cole Herseth Sandlin McIntyre minute.) Leland, Mich. He was 87. Conaway Higgins McKeon Ms. KAPTUR. Madam Speaker, it is Mr. Ashley cut a large figure on national Connolly (VA) Hill McMahon and local stages, a genial good companion Conyers Himes McMorris with a sad but grateful heart that I rise today on behalf of my Ohio colleagues with a ready wit. He was colorful at times Cooper Hinchey Rodgers but also a thoughtful, skilled legislator ca- Costa Hinojosa McNerney to inform the House that Congressman pable of reconciling diverse interests to Costello Hirono Meek (FL) Thomas Ludlow Ashley of Toledo, Courtney Hodes Meeks (NY) produce bills that would win floor approval. Crenshaw Hoekstra Melancon Ohio, passed from this life on June 15, While a student at Yale University in the Critz Holden Mica 2010. 1940s, he befriended George H.W. Bush, and

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.095 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4729 the two remained close for more than 60 handle a package of bills submitted by Presi- His father owned a small steel manufac- years. Yesterday, former President Bush said dent to deal with the energy turing firm on Tracy Road and nearly lost in a statement that he and his wife, Barbara, crisis. his business during the Great Depression. ‘‘mourn the loss of a very close friend’’ and When energy legislation cleared Congress The business rebounded, and the family said Mr. Ashley ‘‘might well have been my more than a year later, Mr. O’Neill sent Mr. moved to Front Street in Perrysburg. His very best friend in life.’’ Ashley a letter of praise. parents sent their son to Kent School in During Mr. Ashley’s congressional tenure ‘‘Somebody said that it couldn’t be done, Kent, Conn., from 1939 to 1942. from 1955 to 1980, he brought millions of dol- but they didn’t know that Tip O’Neill had a His older brother William, the heir appar- lars home to northwest Ohio. friend who had knowledge, ability, tough- ent to the Ashley political legacy, was killed On Capitol Hill, he was known as ‘‘Mr. ness, and a never-say-die attitude, and who, at age 22 in May, 1944, when his Army bomb- Housing,’’ shepherding America’s public- when he was put on the first team, could run er exploded during a training mission over housing programs through Congress in the with the ball,’’ the House Speaker wrote. Massachusetts. All 10 aboard died. 1960s and 1970s—including more than $15 mil- There were other instances of political Decades later, Mr. Ashley said he was lion in public-housing units across Lucas courage. greatly affected by the loss. ‘‘We were in- County. In 1959, more than a decade before Presi- separable friends,’’ Mr. Ashley said. Through his efforts, Toledo was one of the dent Richard Nixon’s landmark visit to the Mr. Ashley was a corporal in the Army first 30 cities in which food stamps were dis- People’s Republic of China, Mr. Ashley was during World War II, serving in the Pacific tributed to the poor. one of two House members to openly support Theater. With more than $11 million he secured, the that nation’s admission to the United Na- He graduated from Yale in 1948 and was as- Port of Toledo was dredged and improved, tions. sociated with the Toledo Publicity and Effi- creating one of the nation’s leading ports. In 1961, he was one of only six congressmen ciency Commission that year. ‘‘It seemed like when the city needed the who voted to cut off funds for the House Un- Michael DiSalle, then mayor of Toledo and money, Lud would come through,’’ Harry American Activities Committee. later governor of Ohio, encouraged him to Kessler, Toledo’s mayor from 1971–77 and Mr. Ashley also became a senior and influ- study law, and Mr. Ashley enrolled in the now deceased, told The Blade in 1997. ential member of three permanent House University of Toledo law school. He later Mr. Ashley’s son Meredith, of Ho-Ho-Kus, committees: budget; banking, finance, and transferred to Ohio State University, from N.J., said yesterday that of all his father’s urban affairs; and merchant marine and fish- which he received a law degree in 1951. Washington achievements, the lawmaker eries, serving briefly in 1980 as chairman of Mr. Ashley was hired to be a special was proudest of what he did to help Toledo. the latter panel. projects coordinator for Radio Free Europe ‘‘There was a lot of national legislation Mr. Ashley was known especially for his and was stationed briefly in New York City. that Dad was really proud of, but there was expertise in housing and community devel- In 1954, Mr. DiSalle was looking for a can- nothing he was more proud of than scoring opment legislation. didate to challenge Mr. Reams, the inde- that $11 million grant for downtown Toledo,’’ He was chairman of the housing and com- pendent 9th District incumbent. Mr. DiSalle he said. munity development subcommittee of the provided Mr. Ashley with considerable ad- Known universally as ‘‘Lud,’’ Mr. Ashley House banking, finance, and urban affairs vice and aid. Mr. Ashley provided the energy was the 26th man to represent the 9th Con- committee, and much of the legislation deal- and image in what was the first local cam- gressional District in the House. Until his ing with urban housing and development paign to make extensive use of television. defeat in 1980, he served the district longer problems that was passed in the 1970s bore Mr. Reams was defeated by 4,000 votes. than anyone before him. his imprint. In 1980, when he was defeated by Repub- His great-grandfather James M. Ashley In October, 1979, President Carter, at a lican challenger , some political an- represented Toledo in Congress from 1859–69 White House ceremony marking the anniver- alysts linked it to the landslide presidential as a Republican, having left the Democratic sary of a community development program, victory of Ronald Reagan. But Mr. Ashley Party because of his anti-slavery beliefs. praised Mr. Ashley’s legislative abilities. told The Blade in 1997 that it was his own The federal courthouse in downtown To- ‘‘He cares about people, and he is superb in fault, saying it was ‘‘tough to get enthusi- ledo was named the James M. and Thomas his ability to conceive legislative programs astic about another campaign. And that’s W. Ludlow Ashley United States Courthouse and have them passed by Congress,’’ Presi- when you get beaten. I just didn’t get the job by an act of Congress two years ago. Presi- dent Carter said. done.’’ dent George W. Bush signed the measure, Mr. Ashley loyally supported Democratic Miss Kaptur defeated Mr. Weber in 1982. which had been sponsored by U.S. Rep. presidents, but he had good relations with Mr. Ashley was married twice. He and the Marcy Kaptur (D., Toledo), in a private President Gerald Ford, a Republican, and former Margaret Mary Sherman of Toledo White House ceremony, and the official re- many Republican members of Congress. married in August, 1956, in Manassas, Va., naming was held in Toledo on June 3, less While Mr. Ashley and President George but separated that fall. than two weeks ago. H.W. Bush were Yale undergraduates, the In 1967, he married Kathleen Lucey, a grad- Miss Kaptur, who with her re-election in two were tapped to be members of the elite uate of Georgetown University law school 2008 surpassed Lud Ashley’s record for rep- secret student society Skull and Bones. In an who’d begun working as an assistant in his resenting Toledo the longest in Congress, old stone building owned by the society and office in 1962. said yesterday that ‘‘Lud Ashley gave true known as the Tomb, the members confessed Mr. Ashley was a student of history and meaning to the term ‘public servant.’ He fol- deep secrets to one another as part of their politics with a personal library that testified lowed admirably in the footsteps of his aboli- initiation. to those passions. He also loved opera and tionist great-grandfather, James, putting his ‘‘It allowed us to come to know more about gardening. genius to work in another tumultuous time one another,’’ Mr. Ashley told The Blade in His decision to make Leland, Mich., his and helping pass the momentous 1964 Civil 1997. And from that sprang a lifelong friend- home came a few years after the death of Rights Act.’’ ship. Kathleen in 1997. James Ashley’s co-authorship of the 13th After Mr. Bush was elected president, Mr. Mr. Ashley was a member of the George Amendment, which abolished slavery, and Ashley spent many days with him at Camp H.W. Bush Presidential Library Foundation his great-grandson’s work on the Housing David and the White House, especially in at the time of his death and earlier served on and Community Development Acts of 1974 times of crisis. numerous other boards including those of and 1977 ‘‘reflect the Ashley family’s place in In 1990, he went to Camp David to buck up Fannie Mae and Freddie Mac, the nation’s history on the scales of justice and equality the president after his budget was spurned two largest mortgage lenders. He is survived by sons Meredith (Monica) for all people,’’ Miss Kaptur said. by Congress, leading to a temporary shut- Mr. Ashley had been a resident in recent down of the federal government. Ashley of Ho-Ho-Kus, N.J., and Mark Ashley years of Leland, Mich., near Traverse City, ‘‘I have a lifetime of memories of friend- of Washington; daughter, Lise Murphy of but noted in 2008 that his great-grandfather ship between those two that stretch back to Washington; brother, Charles S. Ashley, and chose to settle in Toledo. my youngest days,’’ Meredith Ashley said sister-in-law Gerry Ashley, of Leland, and ‘‘It’s where he was buried, and where I’m yesterday. ‘‘We’d go up to Kennebunkport many nieces and nephews. going to be buried,’’ Mr. Ashley told The [Maine] during the summer, well before he A reception for family and friends will be Blade. ‘‘Toledo’s home.’’ became vice president and president, and held from 3–6 p.m. Sunday in the Ashley Mr. Ashley was first elected to Congress in nothing ever changed in their friendship home, 402 Mill St., Leland. A memorial serv- 1954, defeating incumbent , after he became vice president. If anything, ice will be held later in Washington and in- Sr., an independent, in a three-way race. He their friendship got stronger.’’ terment will be in Toledo’s Historic proved a redoubtable vote-getter over the Mr. Ashley joined Mr. Bush at the opening Woodlawn Cemetery. years, dispatching some of the best oppo- of the Bush Presidential Library and Mu- The family requests that any donations be nents the Republican Party could muster. seum in Texas, where the Toledo congress- to the Leland Township Library. Martinson He rose to a position of leadership in the man’s name appears prominently in biog- Funeral Home is handling arrangements. House of Representatives, becoming a close raphies and videos of the 41st president. ally and personal friend of House Speaker Mr. Ashley, born Jan. 11, 1923, to Alida and ASHLEYS SERVED WITH HONOR, VIGOR Thomas P. ‘‘Tip’’ O’Neill, Jr. William Ashley, was raised on Robinwood (By James M. Ashley IV) In 1977, Mr. O’Neill named Mr. Ashley Avenue in the Old West End and attended This Thursday, Toledo’s new federal court- chairman of a special committee created to Glenwood Elementary School. house will be dedicated to two men—both

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.087 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4730 CONGRESSIONAL RECORD — HOUSE June 23, 2010 past congressmen from our city, both named the tremendous flight of Americans to sub- When the energy bills were passed, Rep. Ashley. I am proud to claim kinship with urbs from the inner cities—a crushing fact of Ashley knew the legislation was unpopular both men. national life in the 21st century. with Jeep. But he responded: ‘‘My view is James M. Ashley and Thomas Ludlow Ash- Thomas Ashley’s stance on civil rights, that my district elected me to represent, ley served their constituencies and their community block grants, and enterprise tax when called upon, a wider national interest.’’ country with vigor, honesty, and a firm reso- zones contributed to his image as an urban That is who Thomas Ludlow Ashley was. lution to achieve what they saw as the best liberal. But the late Judge William Skow, a As he is laid to rest in his hometown, that is courses of action for the people. They served former aide to the congressman, noted that how Toldeo’s congressman should be remem- our state for more than 16 percent of the he was a moderate on fiscal issues. bered. time from when Ohio was admitted to the Whatever the label, Thomas Ashley’s ca- United States in 1803 to the present day. reer centered on fighting racism and pov- ‘GRACIOUS’ RIGHT LABEL FOR ASHLEY James Ashley served in Congress during erty. It was a natural extension of his family It always saddens me when a great warrior the most difficult period of our history, from legacy. Like James Ashley, he fought the dies, and among other things Lud Ashley was 1859 through 1869—the era of John Brown, good fight. a warrior (‘‘Congressman known for aiding the Civil War, and the impeachment of Presi- James M. Ashley IV, of Maumee, is a sen- housing, civil rights dies at 87,’’ June 16). dent . He saw slavery first- ior lecturer in sociology and anthropology at In the 1980 campaign, we debated at least hand while he worked on riverboats in the the University of Toledo. He is a great- six times. Although an incumbent’s strategy South during his youth. He became a pas- grandson of James M. Ashley and first cous- would usually be to deny the opponent the sionate and dedicated abolitionist, working in of Thomas L. Ashley. public forum of a debate, Lud never failed to within the Underground Railroad. accept any challenge. The turmoil of the decade before the Civil THOMAS LUDLOW ASHLEY Of course, he was well informed, and I be- War led to the formation of the Republican The late Sen. Edward Kennedy once said: lieve our joint appearances led to a clarifica- Party. Like , James Ashley ‘‘Americans sleep in better homes today be- tion of the issues and opposing viewpoints in was stirred into action by the growing na- cause of Lud Ashley.’’ He was right. an intelligent and civil manner that we don’t tional emergency and ran for public office as Mr. Ashley, the longtime Toledo congress- always see at election time. a Republican. Both men put their strongly man who died this week at age 87, chaired a Lud Ashley’s name is etched in the history held beliefs into action. House committee on housing and community of Toledo and Lucas County. For 26 years, he In Congress, James Ashley adamantly op- development. For years, he worked hard to was an important member of the liberal posed secession and any compromise on slav- provide federal grants to improve low and Democratic wing that controlled the House ery. He worked zealously and skillfully to moderate-income housing nationally, as well of Representatives. Always a strong advo- make the emancipation of America’s slaves a as close to home. cate of Toledo, he brought millions of dollars reality. Expressing his hard-line outlook and Thomas Ludlow Ashley also was important to Toledo and the area during his tenure in frontier upbringing, he proposed that a con- to and instrumental in the development of office. gressman who favored a slavery compromise the city where he was born, which he rep- He was a likable person, with good friends should be ‘‘kicked by a steam Jackass from resented in Congress from 1955 until 1981. on both sides of the aisle. At the time of his Washington to Illinois.’’ ‘‘Lud’’ Ashley was the great-grandson of defeat, he was very gracious to me. Two Such no-nonsense dedication was useful to James Ashley, who settled in frontier To- years later, at the time of my defeat, he was Lincoln in his efforts at emancipation. As ledo, changed political parties because of his equally gracious and considerate. president, Lincoln could not express or opposition to slavery, and represented To- It is very fitting that the federal court- overtly back anything that might weaken ledo in Congress during the Civil War. James house here is now named for Lud Ashley and support from border states or moderates Ashley was a co-author of the 13th Amend- his great-grandfather James Ashley, the Re- within the Union. James Ashley became Lin- ment, which outlawed slavery. In that tradi- publican abolitionist congressman during coln’s go-to man in Congress. tion, his great-grandson sought to free the Civil War. When Lincoln issued the Emancipation ED WEBER. Proclamation during the Civil War, it imme- Americans from the squalor of terrible hous- ing. diately freed only a few thousand slaves. But [From the Washington Post, June 16, 2010] it turned the war from a sectional struggle Lud Ashley served in the Pacific during OHIO CONGRESSMAN AND PUBLIC HOUSING SUP- into a crusade to free the millions of Afri- World War II before he attended Yale Univer- PORTER THOMAS W. LUDLOW ASHLEY DIES can-Americans who were still held in bond- sity. He and George H.W. Bush, who would AT 87 age. become President decades later, were class- The stage was set for the Constitutional mates and fellow members of the ultra-elite (By T. Rees Shapiro) amendment that would finally outlaw chat- secret society Skull and Bones. Though they Thomas W. Ludlow Ashley, 87, a 13-term tel slavery throughout the country, forever. were of different political parties, the men Ohio Democrat in the U.S. House of Rep- James Ashley focused on the complexities of remained longtime friends. resentatives who was chiefly known for his achieving necessary harmony within Con- Mr. Ashley earned a law degree at Ohio work on housing and addressing the energy gress to pass this monumental amendment. State University and worked for Radio Free crisis of the 1970s, died of melanoma June 15 With help from the president, James Ash- Europe before he returned home in 1954 to at his home in Leland, Mich. ley garnered the necessary votes and sup- campaign for Congress. He ousted inde- Mr. Ashley—known colloquially as port. To those who wavered, Lincoln stated pendent Rep. Frazier Reams, in part because ‘‘Lud’’—served Ohio’s 9th District, which in- that ‘‘whatever Ashley had promised should of the support of the late Paul Block, Jr., cludes Lucas County and the city of Toledo, be performed.’’ publisher of The Blade, who felt Toledo’s in- from 1955 to 1981. The Thirteenth Amendment, authored by terests would be best represented by a mem- As chairman of a House subcommittee on James Ashley, became the law of the land in ber of Congress with ties to a major political housing and community development, Mr. 1865. ‘‘Neither slavery nor involuntary ser- party. Ashley was a key supporter of legislation to vitude’’ without due process for crimes com- During his career, Mr. Ashley landed mil- provide federal grants to cities and counties mitted would ever again stain America. lions of dollars for public housing in Lucas to improve low- and moderate-income hous- Thomas Ludlow Ashley, the abolitionist’s County. He got a crucial $11 million to im- ing. great-grandson, represented Toledo in Con- prove Toledo’s port. ‘‘Americans sleep in better homes today gress as a Democrat from 1955 through 1981. Late in his career, during the energy crisis because of Lud Ashley,’’ Sen. Edward M. During that time, his influence and impact of the 1970s, Mr. Ashley was chairman of a Kennedy (D-Mass.) once said of Mr. Ashley’s on both Congress and this community grew special committee that successfully steered extensive work on low-income housing legis- immensely. through Congress a controversial package of lation. Toledo’s ethnic blue-collar voters provided bills proposed by President Jimmy Carter In 1977, Mr. Ashley was appointed to an ad Lud Ashley’s power base during the latter that were designed to reduce oil consump- hoc energy committee by House Speaker part of the industrial heyday the city en- tion. Thomas P. ‘‘Tip’’ O’Neill Jr. (D-Mass.), who joyed during the mid-20th century. But in- That assignment won him some enemies in said he picked Mr. Ashley because he had stead of riding that wave of prosperity to be- the auto industry but high praise from then- ‘‘toughness, and a never-say-die attitude, come part of the industrial establishment, he House Speaker Thomas ‘‘Tip’’ O’Neill, who and who, when he was put on the first team, pursued a congressional career noted for lib- counted Mr. Ashley as a personal friend. could run with the ball.’’ eral causes. In 1980, Mr. Ashley was defeated for re- A year later, Mr. Ashley helped the 40- ‘‘I think probably one of the most lasting election by Republican Ed Weber in a stun- member bipartisan group pass a series of en- contributions was my role in housing,’’ ning upset. Mr. Ashley fell victim to Ronald ergy bills aimed at reducing the nation’s use Thomas Ashley said in retirement. Sen. Ed- Reagan’s landslide victory and huge negative of oil and increasing the budget for research ward Kennedy concurred: ‘‘Americans sleep feeling against the Carter administration. into alternative energy sources. in better homes today because of Lud Ash- His death came days after the federal Upon his appointment to the position, Mr. ley.’’ courthouse in Toledo was renamed in both Ashley assured critics that he would not be Thomas Ashley fought urban sprawl with his and his great-grandfather’s honor. That close to the automobile industry. At the legislation. He warned his colleagues about tribute is appropriate. time, Toledo housed the headquarters of

VerDate Mar 15 2010 04:58 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.091 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4731 many car-parts manufacturers and an Amer- service of former Congressman Thomas Lud- Berkley Farr Lungren, Daniel ican Motors plant that produced Jeeps. low Ashley. Representing Ohio’s 9th District, Berman Fattah E. ‘‘That district is a part of me,’’ Mr. Ludlow Berry Filner Lynch told the New York Times in 1977. ‘‘It is re- ‘‘Lud’’ Ashley served in the House of Rep- Biggert Fleming Maffei sponsible for the perspective I bring with me. resentatives for 26 years. Throughout his ten- Bilbray Forbes Maloney ure, Congressman Ashley successfully bal- Bilirakis Fortenberry Manzullo But my view is that my district elected me Bishop (GA) Foster Markey (CO) to represent, when called upon, a larger na- anced his loyalty towards his home city of To- Bishop (NY) Frank (MA) Markey (MA) tional interest.’’ ledo and his responsibility to the country at Blackburn Frelinghuysen Marshall Thomas William Ludlow Ashley was born large. Blumenauer Fudge Matheson Jan. 11, 1923, in Toledo. His great-grand- As Chairman of the House Subcommittee Blunt Gallegly Matsui father, James Mitchell Ashley, served Ohio’s Boccieri Garamendi McCarthy (CA) 9th District from 1859 to 1869 as a Repub- on Housing and Community Development, Lud Boehner Gerlach McCarthy (NY) lican, having switched from the Democratic was an important figure in passing legislation Bonner Giffords McCaul Party because he was vehemently opposed to which provided federal grants that improved Bono Mack Gingrey (GA) McCollum slavery. Boozman Gohmert McCotter low and moderate-income housing nationwide. McDermott The elder Ashley co-authored the 13th Boren Gonzalez During the 1970’s oil crisis, he was appointed Boswell Gordon (TN) McGovern Amendment abolishing slavery and led the to an Ad Hoc energy committee that passed a Boucher Granger McHenry campaign to impeach President Andrew series of bills which reduced the nation’s oil Boustany Graves (MO) McIntyre Johnson, who he claimed had conspired to Boyd Grayson McKeon assassinate Abraham Lincoln in order to as- use and increased the budget for researching Brady (PA) Green, Al McMahon sume the presidency. He was also chairman alternative energy sources. Among his many Brady (TX) Green, Gene McMorris of a committee on territories and helped other accomplishments, Lud secured millions Braley (IA) Griffith Rodgers choose the names for and . of dollars in federal grants to improve the Port Bright Grijalva McNerney Brown, Corrine Guthrie Meek (FL) After Army service in the Pacific during of Toledo and maintain this vital Midwestern World War II, the younger Mr. Ashley grad- Brown-Waite, Gutierrez Meeks (NY) economic pathway. Ginny Hall (NY) Melancon uated from Yale University in 1948. At Yale, Buchanan Hall (TX) Mica he became close friends with George H.W. His achievements were products of his te- nacity. Former Speaker of the House Tip Burton (IN) Halvorson Michaud Bush when they were members of the Skull Butterfield Hare Miller (MI) and Bones secret society. O’Neill praised Ashley for his ‘‘toughness, and Buyer Harman Miller (NC) He received a law degree from Ohio State a never-say-die attitude, and who, when he Calvert Harper Miller, Gary University in 1951 and practiced law for a was put on the first team, could run with the Camp Hastings (FL) Miller, George short time with his father before moving to ball.’’ Furthermore, Lud did not hesitate to Cao Hastings (WA) Minnick New York to work for Radio Free Europe. Capito Heinrich Mitchell Before losing his House seat in the Reagan work with Republican lawmakers. He was a Capps Heller Mollohan landslide of 1980, the only time Mr. Ashley lifelong friend of President George H.W. Bush, Capuano Herseth Sandlin Moore (KS) had come close to being defeated was in 1974. had a good relationship with President Gerald Cardoza Higgins Moore (WI) Carnahan Hill Moran (KS) The race occurred only months after he’d Ford, and made countless other alliances with Carney Himes Moran (VA) been convicted of drunken driving and resist- members across the aisle. I will remember his Carson (IN) Hinchey Murphy (CT) ing arrest in Toledo, and Mr. Ashley eked commitment to public service and helping the Carter Hinojosa Murphy (NY) out a victory over his Republican opponent American people. Cassidy Hirono Murphy, Patrick by a margin of 3,500 votes. Castle Hodes Murphy, Tim Mr. Ashley directed federal funds toward Ms. KAPTUR. I ask that my col- Chandler Hoekstra Myrick his district, including more than $15 million leagues now do rise and remember him Childers Holden Nadler (NY) for public housing units and $11 million for and his service with a moment of si- Chu Holt Napolitano the improvement of the Port of Toledo. By lence. Clarke Honda Neal (MA) Nye an act of Congress in recent years, the city’s Clay Hoyer The SPEAKER pro tempore. The Cleaver Hunter Oberstar federal courthouse was named in his and his House will observe a moment of si- Clyburn Inglis Obey great-grandfather’s honor. lence. Coffman (CO) Inslee Olson His marriage to Margaret Mary Sherman Cohen Israel Olver ended in divorce. His second wife, Kathleen f Cole Jackson (IL) Ortiz Lucey Ashley, died in 1997. Connolly (VA) Jackson Lee Owens He had two children from his first mar- b 1650 Conyers (TX) Pallone riage; two children from his second mar- Cooper Jenkins Pascrell riage; and a brother. Costa Johnson (GA) Pastor (AZ) CALLING CARD CONSUMER Costello Johnson, E. B. Paulsen Mr. BOEHNER. Madam Speaker, Thomas PROTECTION ACT Courtney Jones Payne Crenshaw Kagen Pence ‘‘Lud’’ Ashley was a tireless public servant The SPEAKER pro tempore. Without who ably served Ohio and our nation for more Critz Kanjorski Perlmutter objection, 5-minute voting will con- Crowley Kaptur Perriello than a quarter century. tinue. Cuellar Kildee Peters A World War II veteran, Lud was raised in Culberson Kilpatrick (MI) Peterson There was no objection. Toledo in a family with deep Ohio roots and a Cummings Kilroy Pingree (ME) The SPEAKER pro tempore. The un- strong sense of patriotism. Lud’s brother Wil- Dahlkemper Kind Pitts finished business is the vote on the mo- Davis (AL) King (IA) Polis (CO) liam was killed in an army training accident in tion to suspend the rules and pass the Davis (CA) King (NY) Pomeroy 1944. His great grandfather, James Ashley, Davis (IL) Kirk Posey bill (H.R. 3993) to require accurate and represented Toledo and Ohio’s 9th Congres- Davis (KY) Kirkpatrick (AZ) Price (NC) reasonable disclosure of the terms and Davis (TN) Kissell Putnam sional District as a Republican during the Civil conditions of prepaid telephone calling DeFazio Klein (FL) Quigley War era, co-authoring the 13th Amendment to DeGette Kline (MN) Radanovich cards and services, as amended, on abolish slavery. DeLauro Kosmas Rahall which the yeas and nays were ordered. As a member of Congress, Lud added to his Dent Kratovil Rangel The Clerk read the title of the bill. Deutch Kucinich Rehberg great-grandfather’s legacy, helping pass the The SPEAKER pro tempore. The Diaz-Balart, L. Lance Reichert landmark Civil Rights Act of 1964, along with Diaz-Balart, M. Larsen (WA) Reyes question is on the motion offered by fellow Ohio Republican Congressman Bill Dicks Larson (CT) Richardson the gentlewoman from California (Ms. Dingell Latham Rodriguez McCulloch. Lud was also a strong advocate MATSUI) that the House suspend the Djou LaTourette Roe (TN) for the Toledo area. To this day he is remem- rules and pass the bill, as amended. Doggett Latta Rogers (AL) bered for his role in securing federal support Donnelly (IN) Lee (CA) Rogers (KY) This will be a 5-minute vote. to build the Port of Toledo into one of the na- Doyle Lee (NY) Rogers (MI) The vote was taken by electronic de- Dreier Levin Ros-Lehtinen tion’s key hubs for trade and industry. vice, and there were—yeas 381, nays 41, Driehaus Lewis (CA) Roskam Though an unabashed Democrat, Lud was Duncan Lewis (GA) Ross well-liked and respected on both sides of the not voting 10, as follows: Edwards (MD) Linder Rothman (NJ) aisle. That George H.W. Bush would count [Roll No. 383] Edwards (TX) Lipinski Roybal-Allard Ehlers LoBiondo Ruppersberger him among his best life-long friends certainly YEAS—381 Ellison Loebsack Rush speaks to Lud’s character. Lud will be missed, Ackerman Arcuri Baldwin Ellsworth Lofgren, Zoe Ryan (OH) and my thoughts and prayers go out to his Aderholt Austria Barrow Emerson Lowey Ryan (WI) Adler (NJ) Baca Bartlett Engel Lucas Salazar family and friends. Alexander Bachmann Barton (TX) Eshoo Luetkemeyer Sa´ nchez, Linda Mr. RYAN of Ohio. Madam Speaker, I rise Altmire Bachus Bean Etheridge Luja´ n T. today to commemorate the life and public Andrews Baird Becerra Fallin Lummis Sanchez, Loretta

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.095 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4732 CONGRESSIONAL RECORD — HOUSE June 23, 2010 Sarbanes Smith (WA) Tsongas The vote was taken by electronic de- Mitchell Reyes Smith (WA) Scalise Snyder Turner vice, and there were—ayes 419, noes 0, Mollohan Richardson Snyder Schakowsky Space Upton Moore (KS) Rodriguez Space Schauer Speier Van Hollen not voting 13, as follows: Moore (WI) Roe (TN) Speier Schiff Spratt Vela´ zquez Moran (KS) Rogers (AL) [Roll No. 384] Spratt Schmidt Stark Walden Moran (VA) Rogers (KY) Stark Schrader Stearns Walz AYES—419 Murphy (CT) Rogers (MI) Stearns Schwartz Stupak Wasserman Murphy (NY) Rohrabacher Stupak Ackerman Cummings Israel Scott (GA) Sullivan Schultz Murphy, Patrick Rooney Sullivan Aderholt Dahlkemper Issa Scott (VA) Sutton Waters Murphy, Tim Ros-Lehtinen Sutton Adler (NJ) Davis (AL) Jackson (IL) Serrano Tanner Watson Myrick Roskam Tanner Sessions Taylor Watt Akin Davis (CA) Jackson Lee Nadler (NY) Ross Alexander Davis (IL) (TX) Taylor Shea-Porter Teague Waxman Napolitano Rothman (NJ) Teague Sherman Terry Weiner Altmire Davis (KY) Jenkins Neal (MA) Roybal-Allard Andrews Davis (TN) Johnson (GA) Terry Shimkus Thompson (CA) Welch Neugebauer Royce Thompson (CA) Shuler Thompson (MS) Whitfield Arcuri DeFazio Johnson (IL) Nunes Ruppersberger Thompson (MS) Shuster Thompson (PA) Wilson (OH) Austria DeGette Johnson, E. B. Nye Rush Thompson (PA) Simpson Thornberry Wilson (SC) Baca DeLauro Johnson, Sam Oberstar Ryan (OH) Thornberry Sires Tiahrt Wittman Bachmann Dent Jones Obey Ryan (WI) Tiahrt Skelton Tiberi Wolf Bachus Deutch Jordan (OH) Olson Salazar Tiberi Slaughter Tierney Woolsey Baird Diaz-Balart, L. Kagen Olver Sa´ nchez, Linda Smith (NE) Titus Wu Baldwin Diaz-Balart, M. Kanjorski Ortiz T. Tierney Smith (NJ) Tonko Yarmuth Barrow Dicks Kaptur Owens Sanchez, Loretta Titus Smith (TX) Towns Young (FL) Bartlett Dingell Kildee Pallone Sarbanes Tonko Barton (TX) Djou Kilpatrick (MI) Pascrell Scalise Towns NAYS—41 Bean Doggett Kilroy Pastor (AZ) Schakowsky Tsongas Akin Graves (GA) Nunes Becerra Donnelly (IN) Kind Paul Schauer Turner Berkley Upton Bishop (UT) Hensarling Paul Doyle King (IA) Paulsen Schiff Berman Dreier King (NY) Van Hollen Broun (GA) Herger Petri Payne Schmidt Berry Driehaus Kingston Vela´ zquez Burgess Issa Poe (TX) Pence Schock Biggert Duncan Kirk Walden Campbell Johnson (IL) Price (GA) Perlmutter Schrader Cantor Johnson, Sam Bilbray Edwards (MD) Kirkpatrick (AZ) Perriello Schwartz Walz Rohrabacher Bilirakis Edwards (TX) Kissell Wasserman Chaffetz Jordan (OH) Rooney Peters Scott (GA) Bishop (GA) Ellison Klein (FL) Peterson Scott (VA) Schultz Coble Kingston Royce Conaway Lamborn Bishop (NY) Ellsworth Kline (MN) Petri Sensenbrenner Waters Schock Flake Mack Bishop (UT) Emerson Kosmas Pingree (ME) Serrano Watson Sensenbrenner Foxx Marchant Blackburn Engel Kratovil Pitts Sessions Watt Shadegg Franks (AZ) McClintock Blumenauer Eshoo Kucinich Poe (TX) Shadegg Waxman Garrett (NJ) Miller (FL) Westmoreland Blunt Etheridge Lamborn Polis (CO) Shea-Porter Weiner Goodlatte Neugebauer Young (AK) Boccieri Fallin Lance Pomeroy Sherman Welch Boehner Farr Langevin Posey Shimkus Westmoreland NOT VOTING—10 Bonner Fattah Larsen (WA) Price (GA) Shuler Whitfield Bono Mack Filner Larson (CT) Barrett (SC) Kennedy Visclosky Price (NC) Shuster Wilson (OH) Boozman Flake Latham Brown (SC) Langevin Wamp Putnam Simpson Wilson (SC) Boren Fleming LaTourette Castor (FL) Platts Quigley Sires Wittman Boswell Forbes Latta Delahunt Sestak Radanovich Skelton Wolf Boucher Fortenberry Lee (CA) Rahall Slaughter Wu ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boustany Foster Lee (NY) Rangel Smith (NE) Yarmuth The SPEAKER pro tempore (during Brady (PA) Foxx Levin Rehberg Smith (NJ) Young (AK) Brady (TX) Frank (MA) Lewis (CA) Reichert Smith (TX) Young (FL) the vote). Members have 2 minutes re- Braley (IA) Frelinghuysen Lewis (GA) maining in this vote. Bright Fudge Linder NOT VOTING—13 Broun (GA) Gallegly Lipinski b 1659 Brown, Corrine Garamendi LoBiondo Barrett (SC) Ehlers Visclosky Mr. FRANKS of Arizona changed his Brown-Waite, Garrett (NJ) Loebsack Boyd Franks (AZ) Wamp Ginny Gerlach Lofgren, Zoe Brown (SC) Kennedy Woolsey vote from ‘‘yea’’ to ‘‘nay.’’ Buchanan Giffords Lowey Crowley Platts So (two-thirds being in the affirma- Burgess Gingrey (GA) Lucas Delahunt Sestak tive) the rules were suspended and the Burton (IN) Gohmert Luetkemeyer Butterfield Gonzalez Luja´ n ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill, as amended, was passed. Buyer Goodlatte Lummis The result of the vote was announced Calvert Gordon (TN) Lungren, Daniel The SPEAKER pro tempore (during as above recorded. Camp Granger E. the vote). Members have 2 minutes re- A motion to reconsider was laid on Campbell Graves (GA) Lynch Cantor Graves (MO) Mack maining in this vote. the table. Cao Grayson Maffei f Capito Green, Al Maloney b 1708 Capps Green, Gene Manzullo SUPPORTING NATIONAL Capuano Griffith Marchant HURRICANE PREPAREDNESS WEEK Cardoza Grijalva Markey (CO) So (two-thirds being in the affirma- Carnahan Guthrie Markey (MA) tive) the rules were suspended and the The SPEAKER pro tempore. The un- Carney Gutierrez Marshall resolution was agreed to. finished business is the question on Carson (IN) Hall (NY) Matheson suspending the rules and agreeing to Carter Hall (TX) Matsui The result of the vote was announced Cassidy Halvorson McCarthy (CA) as above recorded. the resolution (H. Res. 1388) supporting Castle Hare McCarthy (NY) the goals and ideals of National Hurri- Castor (FL) Harman McCaul A motion to reconsider was laid on cane Preparedness Week. Chaffetz Harper McClintock the table. The Clerk read the title of the resolu- Chandler Hastings (FL) McCollum Childers Hastings (WA) McCotter tion. Chu Heinrich McDermott f The SPEAKER pro tempore. The Clarke Heller McGovern question is on the motion offered by Clay Hensarling McHenry Cleaver Herger McIntyre GENERAL LEAVE the gentleman from Missouri (Mr. Clyburn Herseth Sandlin McKeon CARNAHAN) that the House suspend the Coble Higgins McMahon Ms. KAPTUR. Madam Speaker, I ask rules and agree to the resolution. Coffman (CO) Hill McMorris unanimous consent that all Members The question was taken. Cohen Himes Rodgers Cole Hinchey McNerney may have 5 legislative days in which to The SPEAKER pro tempore. In the Conaway Hinojosa Meek (FL) revise and extend their remarks and in- opinion of the Chair, two-thirds being Connolly (VA) Hirono Meeks (NY) clude extraneous material on 1-minute in the affirmative, the ayes have it. Conyers Hodes Melancon Cooper Hoekstra Mica speeches dedicated to Congressman RECORDED VOTE Costa Holden Michaud Thomas ‘‘Lud’’ Ashley. Mr. CONNOLLY of Virginia. Madam Costello Holt Miller (FL) The SPEAKER pro tempore. Is there Speaker, I demand a recorded vote. Courtney Honda Miller (MI) A recorded vote was ordered. Crenshaw Hoyer Miller (NC) objection to the request of the gentle- Critz Hunter Miller, Gary woman from Ohio? The SPEAKER pro tempore. This is a Cuellar Inglis Miller, George 5-minute vote. Culberson Inslee Minnick There was no objection.

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.078 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4733 b 1710 merous positions at TVJ, such as in- to the disaster was too slow; and less vestigative and consumer reporter, than one-third of Americans have a lot REQUESTING RETURN OF crime reporter, business reporter, gen- of confidence in the President’s ability OFFICIAL PAPERS ON H.R. 5136 eral assignment reporter, and talk to handle the crisis. Just 4 in 10 say the Mr. OWENS. Madam Speaker, I offer show cohost. In addition, he served as President has a clear plan for devel- House Resolution 1467 and ask unani- anchor of TVJ’s early evening news- oping new sources of energy, and only mous consent for its immediate consid- casts, weekend newscasts, and midday one-third say he has a clear plan to eration in the House. morning newscasts. Bob has been co- create jobs. But for some reason, CBS The Clerk read the title of the resolu- anchoring the NBC 6 morning show News downplayed the results of their tion. ‘‘Today in South Florida’’ since 1990. own poll. The SPEAKER pro tempore. Is there He is an extraordinary journalist. Monday’s CBS Evening News failed objection to the request of the gen- Bob Mayer retires this week from to even mention these findings and in- tleman from New York? NBC 6, and our entire community will stead focused on Americans’ dis- There was no objection. miss his professionalism and objec- approval of BP’s handling of the oil The text of the resolution is as fol- tivity dearly. Congratulations for a job spill. CBS should give Americans all lows: well done, Bob. The best to you and the facts, not conceal their own poll re- H. RES. 1467 your family. sults to protect the President. Resolved, That the Clerk of the House of f f Representatives request the Senate to return to the House the bill (H.R. 5136) entitled ‘‘An CONGRATULATING THE GREY ANNOUNCEMENT BY THE SPEAKER Act to authorize appropriations for fiscal MARE SOCIETY PRO TEMPORE year 2011 for military activities of the De- (Mr. THOMPSON of Pennsylvania The SPEAKER pro tempore (Mrs. partment of Defense, for military construc- asked and was given permission to ad- DAHLKEMPER). The Chair will remind tion, and for defense activities of the Depart- dress the House for 1 minute and to re- ment of Energy, to prescribe military per- all persons in the gallery that they are sonnel strengths for such fiscal year, and for vise and extend his remarks.) here as guests of the House and that other purposes.’’. Mr. THOMPSON of Pennsylvania. any manifestation of approval or dis- Madam Speaker, I rise today to com- The resolution was agreed to. approval of proceedings is in violation mend the Grey Mare Society, a group A motion to reconsider was laid on of the rules of the House. of seven women friends who have been the table. f riding horses and mules together for as f long as 30 years. They are over age 50 NO BUDGET IS NO ANSWER HONORING KEY WEST POLICE and still heading out on the trail to- (Mr. PENCE asked and was given per- SERGEANT PABLO RODRIGUEZ gether. mission to address the House for 1 When one of their number developed minute and to revise and extend his re- (Ms. ROS-LEHTINEN asked and was breast cancer, they decided to do some- marks.) given permission to address the House thing to fight the disease. Across the Mr. PENCE. Well, it’s becoming more for 1 minute and to revise and extend country there are races and fund- obvious every day to the American peo- her remarks.) raisers, walks, and other proposals, but ple that this administration was slow Ms. ROS-LEHTINEN. Madam Speak- the Grey Mare Society decided to do to responded in the gulf, and the Demo- er, I rise today to honor Sergeant what comes natural to them and ride. crats still don’t have a plan. They Pablo Rodriguez of the Key West Police They came up with an organization, don’t have a clear plan to contain the Department. This dedicated officer has Ride the Trail to a Cure. They raised sea of oil in the gulf and, remarkably, been named the 2009 Key West Police money for the Pennsylvania Breast here on Capitol Hill, Democrats don’t Officer of the Year. Cancer Coalition and Breast Cancer even have a plan to contain the sea of Sergeant Rodriguez has served our Awareness of Cumberland Valley. The red ink in Washington, D.C. community proudly since he joined the first annual Grey Mare Society trail Announcing this week, Majority department 10 years ago. His commit- ride was held on October 14, 2006. Sev- Leader STENY HOYER confirmed the ment to keeping Key West a safe place enty-seven riders from three States Democrats’ response to runaway Fed- in which to live and visit has been brought their horses to the Michaux eral spending is to not do a budget. truly extraordinary. As Police Officer Forest at Mont Alto, Pennsylvania for Failing to lead is not leadership. Not of the Year, Sergeant Rodriguez was an 8-mile ride and they raised more doing a budget is not an answer. The specifically recognized for his tireless than $10,000. Democrats’ refusal to write a budget is work to combat the negative influences This year’s ride will also be held in a shocking abdication of duty and a of illicit drugs. This is an important the Michaux Forest on Saturday, Sep- historic failure of leadership. and noble goal, Madam Speaker, and I tember 25. The group has the support of There has been a lot of talk these know that the entire Keys community the Pennsylvania Equine Council and days about governing philosophies here is proud of his selfless service. looks forward to another successful on Capitol Hill, but their governing I thank Sergeant Rodriguez and all of ride. philosophy? Don’t govern. This Con- his colleagues in the Key West Police I congratulate these friends who use gress owes the American people a budg- Department for all they have done and their love of riding to add resources to et, a list of priorities, and an outline of will continue to do for our wonderful the search for a cure. the hard choices that are necessary to Monroe County Key West community. f put our fiscal house in order. No budget Congratulations, Sergeant Rodriguez. CBS SHOULD GIVE AMERICANS is no answer. f ALL THE FACTS f CONGRATULATIONS TO BOB (Mr. SMITH of Texas asked and was b 1720 MAYER ON HIS RETIREMENT given permission to address the House SPECIAL ORDERS (Mr. LINCOLN DIAZ-BALART of for 1 minute and to revise and extend Florida asked and was given permis- his remarks.) The SPEAKER pro tempore. Under sion to address the House for 1 minute.) Mr. SMITH of Texas. Madam Speak- the Speaker’s announced policy of Jan- Mr. LINCOLN DIAZ-BALART of er, most Americans say President uary 6, 2009, and under a previous order Florida. Bob Mayer is south Florida’s Obama lacks a clear plan to deal with of the House, the following Members most tenured television newscaster. He the oil spill in the gulf, energy issues, will be recognized for 5 minutes each. has logged more hours both in the field and job creation, according to a new f and at the anchor desk than any other CBS News-New York Times poll. By a The SPEAKER pro tempore. Under a south Florida television journalist. 2-to-1 margin, Americans say the Presi- previous order of the House, the gentle- Bob joined WTVJ News in June of dent does not have a clear plan to han- woman from California (Ms. WOOLSEY) 1969. Over the years, he has held nu- dle the oil spill; 6 in 10 say his response is recognized for 5 minutes.

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.104 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4734 CONGRESSIONAL RECORD — HOUSE June 23, 2010 (Ms. WOOLSEY addressed the House. How about we guarantee that we will I spent a lot of time at the court- Her remarks will appear hereafter in take care of any intervening forces— house—8 years—prosecuting cases. I the Extensions of Remarks.) that is, terrorist forces—coming in saw a lot of those people. I tried death f from outside, in any number, with a penalty cases and spent 20 years on the smaller troop presence and with our bench hearing everything from stealing A NEW STRATEGY FOR A BETTER technology? How about we let the Af- to killing. During that time, I saw a lot RESULT IN AFGHANISTAN ghans work out their intertribal/ of these victims of sexual predators The SPEAKER pro tempore. Under a intratribal conflicts that they have come to the courthouse. Many of them previous order of the House, the gen- been carrying on about for 600 years, during that time seemed, after the tleman from Oregon (Mr. DEFAZIO) is and we encourage them to do that and crimes were over, to have sort of lost recognized for 5 minutes. to adopt policies to help them mean- their way. They tried. They tried to re- Mr. DEFAZIO. Madam Speaker, the ingfully rebuild their country? cover. They tried to recruit their dig- President has today been given a Instead, General McChrystal won the nity, but they didn’t. I even had vic- unique opportunity with the firing of day, but now he is gone. Now, I under- tims, years after those cases were over General McChrystal. General McChrys- stand that the President has said this with, call me and try to get other bear- tal was the principal author and advo- does not mean a change in policy. I ings in their lives. Some, unfortu- cate of the surge of U.S. forces in Af- think that he should step back from nately, even committed suicide based ghanistan. that remark and should consult again upon those sexual crimes committed His theory was that it would be a with all of his best security advisers against them by sexual predators. Soci- clear hold and transfer—that is, a and with the Vice President, and he ety needs to understand that these real transfer to the Afghan police, who do should look at the results so far and people have real emotional problems. not exist, to the Afghan security find out what those critical comments But, Madam Speaker, there is a forces, which are in a state of disarray, were which were mentioned in that ar- rogue judge loose who is out of touch and to the Afghan Government, which ticle where, basically, the Pentagon is with victims. He seems to be a judge does not exist meaningfully outside of saying, hey, this is going to be years who is very sympathetic to the crimi- the capital. He tested his theory in and years and a much bigger force, and nal who commits sexual predator Marjeh this spring. maybe there will have to be a second crimes. Let me give you some exam- The U.S. and allied forces performed surge into Afghanistan. ples. admirably, with tremendous sacrifice Starting to sound like Vietnam to In the State of Connecticut, that and effort. They did, in fact, go into a anybody here? State passed a version of Megan’s Law very hostile area, and they did, in fact, With huge amounts of money, we which requires sexual offenders to reg- at least temporarily, drive the Taliban prop up a government that has no rela- ister after they’re convicted. This Fed- and other dissident elements out or un- tionship to the rest of the country. eral judge said, Ah, that’s unconstitu- derground. They have huge corruption. They don’t tional because, as he said, ‘‘It stig- Then he said he was going to bring in have support in the countryside. That matizes the sex offenders.’’ In other government in a box, that it was ready government falls, and another one words, it hurts their little feelings that to come in. Now, there wasn’t, unfortu- comes in and another one. This echoes they have to register on a sexual data- nately, any government in a box. There that failure. base. It seems to me that he was a is unbelievable corruption rife through So, in the strongest terms possible, I criminal sympathizer, but the United the Karzai regime at the national level, would urge the President to reconsider, States Supreme Court unanimously through the police and through the se- to reconvene his advisers now that overruled the Federal judge and said curity forces. They brought in some po- General McChrystal is gone, and to his actions were wrong; they were in lice who were not of the area, not of think very carefully about a much less violation of the Constitution and were that tribe, and that didn’t work out too expensive, much less troop-intensive in poor judgment. well. They brought in security forces strategy to bring about a better result The same judge consistently reduced who refused to do their mission, and in Afghanistan. the sentences of defendants who were they brought in a few, again, govern- f connected to crimes regarding child ment officials who had no local sup- pornography, and he made excuses for ANNOUNCEMENT BY THE SPEAKER port. They have since left, and pretty these offenders. He said, Well, it’s not PRO TEMPORE much, Marjeh has devolved to what it really their fault. They had bad child- was. The SPEAKER pro tempore. The hoods. Even before he was fired, General Chair will remind all persons in the You know, I was on the bench a long McChrystal admitted that this was gallery that they are here as guests of time. I heard a lot of excuses, and this going to take a lot longer and was the House and that any manifestation was one of them. going to be a lot harder than he of approval or disapproval of pro- He also said, Well, it wasn’t really thought, which means President ceedings is in violation of the rules of their fault. They had addictions. Obama’s dictate of beginning the with- the House. This one I like the best. He said, drawal next year is a fantasy. That was f Well, it’s not really their fault because part of the criticism that General they had posttraumatic stress because JUDGE ROBERT CHATIGNY— McChrystal and his allies at the Pen- of the fact they were being prosecuted tagon put forward. UNQUALIFIED JUSTICE and people knew about it. So there is really a choice here—to The SPEAKER pro tempore. Under a Well, yeah. Of course. Hopefully, they get into a very long-term, a very high- previous order of the House, the gen- had some kind of reaction in that they level engagement in Afghanistan at a tleman from Texas (Mr. POE) is recog- felt like they were being insulted by cost of $30 billion a year and with tre- nized for 5 minutes. being prosecuted. It’s kind of like those mendous sacrifice by our troops on a Mr. POE of Texas. Madam Speaker, folks in California, the Menendez strategy that has, thus far, not worked sexual predators, sexual deviates, sex- brothers, who killed their parents and or to rethink that strategy, perhaps ual criminals are the most despicable then complained to the judge that they more along the lines of Vice President of all persons in our society. We can should get sympathy and compassion BIDEN’s ideas, which were also derided see, maybe, why somebody steals, and because they were now orphans. That’s by General McChrystal and by some of maybe we can see why people use what the judge sort of says in these his colleagues. Actually, what Vice drugs, but we as a society do not under- cases. President BIDEN said was, look, mostly stand, nor should we, why a person He also, in those types of cases, re- this is an internal issue. It’s an inter- would sexually violate somebody else. duced the convictions of sex tourism. and intratribal fight. Yes, there are You see, when a sex offender commits a Those are the guys, the deviates, who some radical Taliban elements, and crime against another person, in many get on the Internet and lure girls to there are some radical Pakistani cases, that person loses their dignity. have sex with them. He reduced those Taliban elements and very few al The predator tries to destroy their hu- sentences, saying, Well, they’re gen- Qaeda. manity, tries to destroy their soul. erally law-abiding citizens.

VerDate Mar 15 2010 03:46 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.107 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4735 That’s not all. When there are that many people en- (Mr. JONES addressed the House. His In the famous case of the Roadside gaged in such a complex cleanup effort remarks will appear hereafter in the Strangler in Connecticut, Michael of such unprecedented size over such an Extensions of Remarks.) Ross, here is the kind of guy he was. He unforeseeably long time, the true dan- f kidnapped, sexually assaulted and mur- ger levels for exposure simply are not The SPEAKER pro tempore. Under a dered eight women in Connecticut. He known. As a story in USA Today put it: previous order of the House, the gen- ‘‘While some health officials say they is tried by jury. The jury gives him the tleman from Kansas (Mr. MORAN) is don’t think long-term illnesses are death penalty—yes, even in Con- recognized for 5 minutes. likely, they’ve never seen pollution of necticut. This was in 1987. Finally, the (Mr. MORAN of Kansas addressed the this scale, and there are just too many day of reckoning came in 2004. He is House. His remarks will appear here- unknowns to say for sure.’’ supposed to get executed, and this Fed- after in the Extensions of Remarks.) eral judge intervenes in this case. The The Institute for Medicine workshop judge excused the killer because he suf- participants noted that proper protec- f fered, according to what the judge said, tive gear can help keep exposure at The SPEAKER pro tempore. Under a from a disorder of sexual sadism. safe levels, but the problem comes previous order of the House, the gen- when heat and humidity cause workers tleman from Indiana (Mr. BURTON) is b 1730 to remove their gear. The average day- recognized for 5 minutes. What is that? In other words, because time high temperatures in New Orleans (Mr. BURTON of Indiana addressed of the perversion, he should have a de- for the next 2 months is 91, very hot the House. His remarks will appear fense? Of course, that is not a legal de- and very humid. hereafter in the Extensions of Re- fense in any court in the country. But Now, consider an assessment of BP’s marks.) overall attitude toward worker safety the Federal judge said he should be ex- f that was contained in a letter sent to cused from that conduct. So the judge The SPEAKER pro tempore. Under a made up a defense for the individual, BP by an OSHA official back in May: ‘‘The organizational systems that BP previous order of the House, the gen- stayed the execution for a long time, in tleman from Virginia (Mr. FORBES) is spite of the jury’s verdict that the per- has in place, particularly those related to worker safety and health training, recognized for 5 minutes. son should get the death penalty; in (Mr. FORBES addressed the House. spite of the fact that Michael Ross protective equipment, and site moni- toring, are not adequate for the cur- His remarks will appear hereafter in said, If I didn’t get caught by the po- rent situation or the projected increase the Extensions of Remarks.) lice, I would do it again; in spite of the in cleanup operations.’’ The letter also f fact that Michael Ross told the media noted that ‘‘these are not isolated that he should be executed for the sake The SPEAKER pro tempore. Under a problems. They appear to be indicative of the families. The Supreme Court, previous order of the House, the gentle- of a general systematic failure on BP’s woman from Florida (Ms. ROS- rightfully so, overruled the judge, part to ensure the safety and health of withdrew the stay, and ordered Michael LEHTINEN) is recognized for 5 minutes. those responding to this disaster.’’ (Ms. ROS-LEHTINEN addressed the Ross to be executed, and he met his The unknowable risks of an environ- maker in 2005. House. Her remarks will appear here- mental disaster of this scale, the fore- after in the Extensions of Remarks.) And now this judge, Robert Chatigny, seeable weather conditions of the near is to be appointed to the Federal Court future, and the known failures of BP in f of Appeals at the second circuit appel- the recent past should all raise some The SPEAKER pro tempore. Under a late court. This judge lacks judgment. great big red warning flags for OSHA, previous order of the House, the gen- This judge doesn’t follow the law. This for the Centers for Disease Control, and tleman from Texas (Mr. GOHMERT) is judge is apparently biased in favor of for NIOSH. I am writing OSHA to en- recognized for 5 minutes. sexual predators. This judge places his sure that the workers have the proper (Mr. GOHMERT addressed the House. personal opinions above the law. And protective gear, such as respirators, in His remarks will appear hereafter in this judge should be in the Judges Hall order to ensure their safety and to pro- the Extensions of Remarks.) of Shame, not on the appellate court of tect their health. f the United States hearing cases. The This is a region of the country that REMEMBERING ED CLOUGH Senate should not confirm this person was previously devastated by a natural to be an appellate judge in the United disaster that was made worse by the The SPEAKER pro tempore. Under a States. Bush administration’s failure to re- previous order of the House, the gen- And that’s just the way it is. spond with timely assistance and ade- tleman from Minnesota (Mr. PAULSEN) f quate safeguards. Many lost their lives. is recognized for 5 minutes. The gulf coast is now under siege by a Mr. PAULSEN. Madam Speaker, I WHAT YOU DON’T KNOW . . . manmade disaster. Far too many have rise to remember an inspiring and pa- The SPEAKER pro tempore. Under a already lost their livelihood. The en- triotic America, Master Sergeant Ed- previous order of the House, the gentle- tire region is at risk for losing a way of ward William Clough, of Maple Grove, woman from New York (Mrs. MALONEY) life. No one should also lose their Minnesota. Edward embodies the love is recognized for 5 minutes. health simply because we failed to help for this Nation that has been critical Mrs. MALONEY. Madam Speaker, ac- them when more help was clearly need- to American success throughout our cording to the latest figures from ed. history and will serve as an example of OSHA, at this time there are over In my great City of New York, we dedication and service for generations 27,000 workers employed by BP or its have witnessed firsthand the terrible to come. contractors and more than 2,000 Fed- price that can be paid over time by Ed was born in the Bronx, raised in eral employees directly involved in the those who labor day after day in a the Hell’s Kitchen neighborhood of massive cleanup operation now under- toxic environment helping their city Manhattan, and enlisted in the Army way in the gulf coast. At a hearing last recover from a terrible blow on 9/11. I the moment he became eligible for week, another Federal agency, the hope that this Congress will do every- service back in 1949. He served in CDC, tried to assure Congress that it thing in its power to ensure that those Korea, where he was injured in battle, was doing all it could to keep these who have been asked to clean up this and received a Purple Heart; and de- workers safe and that it is closely mess and are cleaning up this mess are spite being offered the opportunity to tracking surveillance data across the not asked to pay for their efforts with return home, he persevered and over- Gulf Coast States for health effects the loss of their health. came painful reconstructive surgeries that may be related to the oil spill. f on both of his feet so that he could con- This was good to hear. The SPEAKER pro tempore. Under a tinue to serve in the United States But a workshop held by the Institute previous order of the House, the gen- Army. of Medicine down in New Orleans this tleman from North Carolina (Mr. Just as our Nation has overcome week made one thing abundantly clear. JONES) is recognized for 5 minutes. many painful challenges, Ed overcame

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.109 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4736 CONGRESSIONAL RECORD — HOUSE June 23, 2010 his injuries and continued to serve Mr. Ted Ven Der Meid, Rochester, ensure workers had the quality of life with profound distinction and success. New York, for a 2-year term ending they deserve by making health care ac- He eventually joined the Special May 14, 2012, to succeed Ms. Nina Shea cessible and affordable to all, ensuring Forces and in 1961 became one of the f new jobs in industry through the man- very first 100 Green Berets. He used his ufacturing of advanced technology ve- b 1740 success and his knowledge of the Spe- hicles, and addressing workers’ rights cial Forces to great effect as an in- HONORING RON GETTELFINGER provisions in fair trade agreements. He structor for many years; and although FOR HIS LEADERSHIP OF THE gave extraordinary leadership not just he was seen as a natural leader, Ed was UAW to the union and the industry but to careful to remain humble while being The SPEAKER pro tempore. Under the country. awarded numerous medals, badges, and the Speaker’s announced policy of Jan- As we have all known, Ron does not commendations. Following his distin- uary 6, 2009, the gentleman from Michi- back down from a challenge. During the most difficult times in the auto in- guished service, he devoted himself to gan (Mr. DINGELL) is recognized for 60 his wife, children, and extended family. minutes as the designee of the major- dustry, he worked together with busi- ness in a very close fashion to assure He loved having the freedom to fish ity leader. the survival of the industry and the with his grandchildren and skydive GENERAL LEAVE recreationally periodically, but these companies which the UAW had nego- Mr. DINGELL. Madam Speaker, I ask tiated agreements with. He negotiated were not the only freedoms that stirred unanimous consent on behalf of my a new round of contracts with The Big Ed’s passion. colleagues that all Members may have Three, creating voluntary beneficiary Too often these days, Congress is 5 legislative days in which to revise associations to provide health care to overly partisan and forgets our need to and extend their remarks and to in- retirees in the Big Three and to save focus on issues of importance and get- clude extraneous material on the sub- huge amounts of money to the auto ting things done and on service. And ject of my Special Order. companies. He was one of the leader- now, more than ever, when we are fac- The SPEAKER pro tempore. Is there ship in not only determining that gov- ing as a country great significant objection to the request of the gen- ernment assistance would be needed issues of national importance, we tleman from Michigan? but in seeing to it that the union’s There was no objection. should absolutely remember the lead- voice was heard and that the saving of Mr. DINGELL. Madam Speaker, I ership of people Ed Clough and his de- the auto industry was participated in rise today to honor a dear friend to votion, when he proudly stated, ‘‘I may very actively by the UAW and by the many of us and a man that many of us not agree with every American’s opin- members that he served. He once said here admire greatly on his retirement ion, but I spent my life protecting the of himself, We did what we had to do to as UAW President. I refer to Ron freedom they have to express it.’’ save the industry. And now, less than a Gettelfinger, a great citizen, a great And now, Madam Speaker, as we ap- year later, the auto industry is once patriot, a great leader of labor, and a proach the Fourth of July holiday and again profitable and expanding produc- we consider our independence as a Na- wonderful human being. Ron tion. In fact, Chrysler is hiring again tion and a country, we must pay trib- Gettelfinger did not want to have any for the first time in 10 years. ute to citizens like Ed, who have de- recognition of his labors on behalf of Fortunately, cars from the Big voted their lives to protecting our sov- working men and women and on behalf Three, when the companies and the ereignty. We are a Nation of free citi- of the people at this particular time. unions and their members work to- zens who may speak honestly and dis- But I think he will forgive us if we go gether, are safe and reliable, and this play our beliefs proudly. But without on to say a few of the things about the year have earned the highest quality the men and women who bravely serve respect in which he is held and why ratings in J.D. Power and Associates’ in our military—men and women like that be so. annual Initial Quality Study, beating Master Sergeant Clough—none of our For the last 8 years, Ron Gettelfinger import brands by satisfying margins. It cherished freedoms would exist today. has led the UAW as their president, and is the workers and the members and Master Sergeant Clough, I honor you he has done so both loyally and ably the leaders of the UAW who have and I thank you for your service. I also through some of the most difficult eco- worked so hard to ensure that through thank the family that supported you nomic times facing our Nation or fac- times of turmoil, our domestic auto in- and loved you throughout your distin- ing the union. Through his hard work dustry continues to produce the best guished career. My hope is that today and dedication to his brothers and sis- and the safest vehicles while increasing and each day in the future we will be ters of the UAW, we have witnessed the in extraordinary ways the productivity conscious of the dedication and service auto industry to right itself and to of the workplace. of the men and women in our Armed begin to come out of some of the worst And at a time when union member- Forces. We must always acknowledge times which it has confronted in its ship is at its lowest in years, it has the importance of remaining resilient history. It is interesting to note that fought relentlessly to ensure that and brave in the face of great chal- as the head of one of the most demo- workers who want to organize can do lenges, just as Master Sergeant Clough cratic unions in the world, Ron so. Together with his other colleagues did throughout his entire life. Gettelfinger was able to lead the union in labor, he has advocated for the Em- in a way which saved the industry and ployee Free Choice Act, for legislation f which enabled the industry to have ne- which will allow workers to decide if gotiations about give-backs and other APPOINTMENT AS MEMBERS TO they want to use a majority signup to things always difficult to sell to the COMMISSION ON INTERNATIONAL form a union, protecting them from rank and file. RELIGIOUS FREEDOM employer coercion. But he has gone Elected in 2002 as international presi- well beyond the needs and the concerns The SPEAKER pro tempore. Pursu- dent of the UAW, Ron Gettelfinger rose of labor. He has worked for education, ant to section 201(b) of the Inter- through the ranks, beginning his ca- for health care, for a clean and whole- national Religious Freedom Act of 1998 reer first as a member of UAW Local some environment, for the health of (22 U.S.C. 6431), and the order of the 862 in 1964. He worked in Ford’s Louis- our young and old, and for the protec- House of January 6, 2009, the Chair an- ville assembly plant as a chassis line tion of the rights of Americans. nounces the Speaker’s appointment of repairman while he attended Indiana Now, like Ron, I think our country the following members on the part of University Southeast at night, and it is agrees that these things are necessary the House to the Commission on Inter- the workers there who first recognized and helpful; but he understands, as do national Religious Freedom: Ron’s extraordinary qualities and many of his admirers, that labor’s re- Ms. Elizabeth W. Prodromou, Boston, elected him to represent them. He then sponsibilities and duties go far beyond Massachusetts, for a 2-year term end- went on to serve as Region 3 UAW di- the simple concerns of labor, and go to ing May 14, 2012, to succeed herself And rector and UAW vice president. seeing to it that this country is the upon the recommendation of the Mi- Throughout his time in these roles, best that we, working together, can nority Leader: he fought relentlessly and tirelessly to make it be.

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.117 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4737 Ron Gettelfinger and I and most of us again profitable and expanding production. In tions to the recent downturn in the do- here share the belief that the future fact, Chrysler is hiring again for the first time mestic auto industry and help protect success of the auto industry is going to in ten years. our auto communities. be dependent on developing advanced Fortunately, cars from the Big Three con- b 1750 batteries and electric and hybrid cars tinue to be safe and reliable, and this year here at home and other technologies have earned higher quality ratings in J.D. This has helped lead to an American which will enable us to compete in the Power and Associates’ annual Initial Quality auto industry that is well positioned to savagely competitive world market- Study beating import brands for the first time. once again be the economic engine that place. He is one who has supported It is the workers and leaders of the UAW drives the American recovery. Ron training workers in these technologies who have helped to ensure that throughout Gettelfinger has been a tireless advo- not only to help the companies and the times of turmoil, our domestic auto industry cate for American workers and has industry but also to provide workers continues to produce the safest vehicles and fought every day to keep American with continued job opportunities. He increase productivity in the workplace. manufacturing jobs from being shipped has been there through ebbs and flows. And at a time when union membership is at overseas. And the one thing that you can al- its lowest in many years, he has fought relent- I congratulate Ron on his retirement ways count on Ron Gettelfinger having lessly to ensure that workers who want to or- and thank him for his years of advo- was honesty, integrity, and steadfast- ganize can. Together with his other colleagues cacy on behalf of American workers. ness. Whether he was delivering good in labor, he has advocated for the Employee God bless you, Ron. Thank you for all news or bad, he always dealt with the Free Choice Act or legislation that would allow you have done for the UAW, for all you facts. It is because of his honesty in his workers to decide if they want to use majority have done for this country. dealings with everyone, his brothers sign-up to form a union, protecting them from Mr. DINGELL. Madam Speaker, I and sisters, business management, and employer coercion. yield now to my distinguished friend labor join me tonight in praising and Like Ron, I believe that this legislation is from Michigan (Mr. MCCOTTER). pointing out that he has properly sorely needed and I am hopeful that this will Mr. MCCOTTER. I thank the gen- earned the trust, admiration, and re- be passed before November. tleman from Michigan. I thank him for spect of all with whom he works. Ron Ron and I also share the belief that the fu- all of his guidance and his advice in Gettelfinger once said, We don’t accept ture success of the auto industry is going to this institution, one of which is being the notion that America is a country be dependent on developing advanced bat- that on these swampy, humid, hot where a privileged few can live well teries and electric and hybrid cars here at days, a son of can wear seer- while the rest of us struggle to meet home. Together we both supported training sucker to beat the heat. our daily expenses. We are going to workers in these technologies not only to help The other that I wish to thank him fight for something better. Ron the auto industry, but also to provide workers for is his constant reminder to us, Gettelfinger, you have led a fight for with continued job opportunities. through his example, that we work for something better since the first day Throughout the ebbs and flows, the one the people who send us here, and that that you entered the labor movement, thing you could always count on from Ron in very difficult times it is crucial that and I am glad that I was able to be was honesty. Whether he was delivering good we look past our perceived differences your friend and partner in many of news or bad, I always knew that Ron was giv- and be able to come together on behalf those fights. ing me the facts. of the people who have entrusted us I rise today to honor my dear friend Ron It is because of his honesty to me, his with office to help solve problems for Gettelfinger on his retirement as UAW Presi- brothers and sisters, business management them. dent. and the Members who join me here tonight, We in Michigan went through this For the last eight years, Ron has led the Ron was able to earn the trust, admiration and when we saw an entire cherished way UAW as their President loyally and ably respect of those he worked with. of life endangered, and we united to through some of the most difficult economic Ron once said, ‘‘We don’t accept the notion come together to help solve that prob- times facing our Nation. that America is a country where a privileged lem. The crisis has not passed. It con- Through his hard work and dedication to his few live well while the rest of us struggle to tinues to this day, but we are on the brothers and sisters of the UAW, we have wit- meet our daily expenses. We’re going to fight road to recovery. nessed the auto industry right itself. for something better.’’ Former president of the United Auto Elected as UAW President in 2002, Ron Ron you led the fight for something better, Workers, Ron Gettelfinger is a man rose through the ranks beginning is career first and I am glad I was able to be your partner who understands positions of trust, a as a member of the UAW Local 862 in 1964. in that fight. man who understands the need to do He worked at Ford’s Louisville Assembly plant I now will yield to my good friends everything he can to honor that trust. as a chassis line repairman, attending Indiana from Michigan and from elsewhere As a democratically elected president University Southeast at night. It is the workers around the country who have a desire of the United Auto Workers, he did ev- there who first elected Ron to represent them. to express, as do I, compliments for our erything within his power, in an ex- He then went on to serve as UAW Region dear friend who is now retiring. I yield ceedingly difficult time, to ensure the 3 Director and UAW Vice President. Through- first to my dear friend, Congressman union’s survival, to ensure the survival out his time in these roles he has fought tire- DALE KILDEE of Michigan. of the auto industry, and to help ensure lessly to ensure workers have a quality of life Mr. KILDEE. I thank the gentleman Michiganders’ cherished way of life as they deserve. By making health care acces- for yielding. a manufacturing State and as the sible and affordable for all, ensuring new jobs Madam Speaker, I rise today to com- former arsenal of democracy. in industry through the manufacturing of ad- mend Ron Gettelfinger on his leader- And I think that this is critical not vanced technology vehicles, and workers’ ship of the United Auto Workers for only for us to remember in Michigan as rights provisions in fair trade agreements. the past 8 years and to wish him all the we go forward, but as an example that And as we have all seen, Ron does not best in his retirement. I hope is set for many others in this back down from a challenge. Since 1964, when Ron joined the UAW country and in this Chamber that in a During the most difficult of times for the auto as a chassis line repairman in Louis- great and good country we learn more industry, he has worked together with busi- ville, Kentucky, he began a lifetime of and show our true measure not by ness to ensure its survival, negotiating through service that led him to become the being merely able to see the character a new round of contracts with the Big Three international president of the UAW in of our allies, but to see the character in 2007, creating a Voluntary Beneficiary As- 2002. As president, Ron’s leadership has and virtues of our now erstwhile oppo- sociation to provide health care to the retirees helped guide the organization through nents. in the Big Three, and standing with the Big some of the most difficult times the Ron Gettelfinger’s integrity and de- Three when it was determined government as- auto industry has faced. With his char- votion to the people who trusted him sistance would be needed. acteristic straight talk and common with his position is something that he As he has said himself, ‘‘We did what we sense, he has worked with a broad would not talk about because he is a had to do to save the industry.’’ And now, less range of stakeholders and has been humble, honest, hardworking man. It is than a year later the auto industry is once willing to negotiate to try to find solu- left to us to do it for him, and in some

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.118 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4738 CONGRESSIONAL RECORD — HOUSE June 23, 2010 ways despite him. Having been on the work in bringing us to this point—it’s tracts that were not popular to workers or other side of Mr. Gettelfinger, and at not perfect, but it’s certainly better management. He has championed the cause times being on the same side, I assure than the status quo. Our status quo of the worker, and for that, the worker has you it is more fun to be his ally than health care situation in our State is championed him. his opponent. But I will tell you this: not sustainable. People getting dropped If not for the unwavering and unyielding be- That from this strange bedfellow, I for no reason when they become ill, lief that all Americans deserve access to af- wish former UAW President Ron you stopped that as we worked on this fordable health care, sweeping health care re- Gettelfinger well in his future endeav- health care bill. Thank you, Ron form would still be a dream in the United ors, and I have no doubt that whatever Gettelfinger. States of America. Mr. Gettelfinger, like me, the Lord holds in store for him, Mr. Our seniors will now be able to have believes that all hard working, taxpaying Gettelfinger will be up to the chal- their wellness covered, that they will Americans should not face discrimination for lenge, and our country will be the bet- have preventive health covered. Our pre-existing conditions. If you are in the hos- ter for it. seniors, who now because of a Medicare pital, you should not be dropped from your I can truly say that I am honored to part D program that doesn’t always health care plan just because you are ill. We have known him, and I am glad that he cover their prescriptions as prescrip- are already beginning to see the effects of has done his duty to his union and our tions go higher and higher, for the first health care reform, such as seniors receiving Nation. time, Mr. Gettelfinger, working with subsidies to help pay for prescriptions, chil- Mr. DINGELL. I thank the gen- the coalition and our leaders here in dren allowed to stay on their parents’ plans tleman, and I yield now to the distin- the House and Senate and the Presi- until the age of 26, and insurance companies guished gentlewoman from Michigan dency, will now have help paying for not allowed to drop coverage once the patient (Ms. KILPATRICK). their prescription medications. Thank needs it most. Mr. Gettelfinger has also been Ms. KILPATRICK of Michigan. I you. instrumental in negotiating fair trade agree- thank the chairman for yielding. Thank you for your leadership. ments that include provisions for workers’ I rise in honor, respect, and duty to Fighting for workers, helping to put rights and environmental provisions. He has give President Ron Gettelfinger all he together, finally, a health care bill stood strong against what he called the vi- deserves for his 30-plus years of hard that we can all be proud of, being able cious ‘‘corporate global chase for the lowest work as an organizer, as a laborer, and to be that president that your men and wages, which creates a race to the bottom, in rising to the presidency of the United women of the United Auto Workers, as which no worker can win.’’ He has been, and Auto Workers. well as all of us, have looked to for still remains, a powerful, uncompromising Congratulations, Ron. Congratula- leadership, we thank you, Ron. Your voice for all workers. tions for all the work you have done, mild manner, your smile, and your From access to affordable healthcare, to for all the coalition building you have strength, we will never forget you. labor protection in fair trade agreements, to done, keeping our workers front and So enjoy your retirement, Mr. Presi- keeping our manufacturing jobs right here in center, in good-paying jobs with bene- dent. You have earned it. And we prom- the U.S. by investing in technologically ad- fits that they earned every day, build- ise, as we work here in the House of vanced American vehicles, Mr. Gettelfinger ing the best cars in America and Representatives, we will continue to has been there. He not only talks, but knows around the world right through the work, as you have worked for all of and lives the values of the labor union while workers of the United Auto Workers. these 30-plus years, to make sure that working with management to ensure a safe We rise today to say, Good for you. all Americans, all Americans have an and profitable workplace. During a time in As you go into your retirement with opportunity to work in a clean envi- which we saw General Motors and Chrysler your lovely wife and family, just know ronment, to receive adequate pay for a file for bankruptcy—two of the largest corpora- that we appreciate all that you have day’s work and, yes, have health care tions in our Nation, and the world—Ron done. Just know that as workers and benefits to protect them and their fam- Gettelfinger always fought for the protection of builders and all of that of America that ily. workers. He saw both sides of an issue, and we might have a strong economy, that Enjoy your retirement. God bless negotiated difficult but necessary compromises your commitment, your dedication to you, Mr. President. to the benefit of management and labor. Even seeing that workers have adequate Madam Speaker, in an era in which pro- with his retirement, this leader’s legacy will not wages, that workers have clean envi- gressive activists are rarer and rarer, it is my be forgotten, it will become legend. God bless ronments in which to work, that work- honor to speak in respect, honor and praise of and Godspeed to you, Ron Gettelfinger. ers are able to earn a great day’s pay the three decades of service of Mr. Ron Madam Speaker, I yield back the balance of for the work that they do for our econ- Gettelfinger, president of the United Auto my time. omy and for our country, thank you, Workers or UAW. For over 30 years Mr. Mr. DINGELL. I thank the distin- Ron Gettelfinger. Gettelfinger has shown his dedication to the guished gentlewoman. Many have come before you as presi- rights and fair treatment of all workers. Rising And now I yield to my dear friend dent of the United Auto Workers, and through the ranks of the United Auto Workers from Maryland, the Honorable DONNA you can bet you are right there with union to his leadership position that he has EDWARDS. them, having given and served as long today, Mr. Gettelfinger embodies the hard Ms. EDWARDS of Maryland. Thank as you have. Our recent battle together work ethic, dedication to a cause bigger than you. was the health care debate. You, your yourself, and respect for family embodied in It’s really my pleasure to stand here leadership, your dedication, working what the UAW represents. Manufacturing, with my good friend Congressman DIN- with the leaders in the House and the specifically the automotive industry, is the GELL in honoring the incredible life and Senate and the Presidency for the first backbone of the State economy of Michigan. career and advocacy of Ron time to bring to our country a health The UAW has been the backbone of the work- Gettelfinger, who retired just last week care bill that will cover 95 percent of er. Ron Gettelfinger is known as a fierce advo- after a distinguished union career that Americans, we thank you for that. cate and fearless leader in fighting for the began in 1964, when I was just a kid. No longer will people be charged or people who make this country run—the work- But I will tell you, for the benefits that not covered for preexisting conditions. er. all of us as Americans and as workers Soon, in September, all young people From Mr. Gettelfinger’s humble beginnings have received for his good work with over the age of 21 will now be able to with the union as a line repairman in 1964 at the United Auto Workers, we are all stay on their parents’ health care until Ford Motor Company’s Louisville Assembly grateful. they are 26. As we know in our econ- Plant, to his leadership role as president of the And you don’t have to be from Michi- omy, many young people who graduate UAW in 2002, Mr. Gettelfinger has remained gan to understand the contributions from high school and then on to college faithful to his beliefs. He believes in the fact that Mr. Gettelfinger has made. He has are unable to find work. So the health that we are all created equal. He believes that been a fierce advocate on behalf of care bill will help them be accessible, the everyday line worker is just as valuable as workers. He understood that in his po- be able to be covered. the CEO of the corporations in which they are sition as president of the United Auto This health care bill—and Ron employed. He has continued to be a voice for Workers, he needed to try to address Gettelfinger, thank you for your hard the worker, while negotiating new union con- the current needs of his workers as

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.120 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4739 well as the future needs that may come the plant elected him to represent him world, and their leader, Ron up. as committee person, bargaining chair, Gettelfinger, was there as each of the In 2006, Mr. Gettelfinger pushed to and in 1984 as president of Local 862. management leaders of Ford, GM and renew America’s grasp on technology His leadership and vigorous commit- Chrysler talked about their new tech- and innovation. He called for a renewal ment to auto workers soon elevated nology. They talked about their inno- of America’s industrial base through him to the Ford-UAW bargaining com- vations, and they talked about retrain- incentives to manufacture energy-sav- mittee; to the head of UAW Region 3 ing of their workers. They talked about ing advanced technology vehicles right representing Indiana and Kentucky; more efficient and cost-efficient manu- here in the United States. And as a and to UAW vice president. And in 2002, facturing processes. Ron Gettelfinger member of the Science and Technology Ron Gettelfinger was elected president was there as a true partner with each Committee, I can assure you that there of the union and reelected in 2006. of those companies as they talked is a need for America and a desire for His tenure as UAW president saw ex- about their exciting new products our workforce to do exactly what Mr. ceptional challenges—to understate made in the United States of America Gettelfinger has called for, to be on the it—that critics said neither the union by American workers that Ron cutting edge of this technology. And he nor the automakers could overcome. Gettelfinger represented. The best has been right there pushing all the This indeed was a period of painful job products in the world, the best auto- time for incentives and innovations. loss for tens of thousands of families. mobiles in the world, that is Ron And this isn’t new. And during this difficult time, Ron Gettelfinger. Another story hits close to home for b 1800 Gettelfinger’s dedication to working families never waned as he fought to me. I represent a lot of auto workers and a lot of families that earn their liv- Mr. Gettelfinger was one of the loud- preserve jobs while helping to keep the ing from manufacturing. I have an est voices, and I was happy to sing in industry afloat. I am proud to have automotive assembly plant in my dis- his choir for health care reform, for been among those who worked with trict. It is General Motors Lansing single-payer health care reform, be- him during this period of great uncer- Delta Township Assembly Plant in cause he understood that health care tainty. This was a collaborative effort. accessibility and affordability is nec- Eaton County in my congressional dis- It took leadership and at times polit- trict. It is the auto industry’s most essary, not just for the unionized and ical risk. Key leaders stepped up to the organized workforce, but for all Ameri- modern, efficient plant in the world. plate, management and labor, and the Just a year and a half ago or so, that cans. public sector, led by the President and Under his leadership, the UAW has plant was down to just one shift mak- his administration, and Members of the ing a crossover vehicle. At that time it continued its fight for fair trade agree- House and Senate. was the GMC Acadia; the Buick En- ments that include provisions for In the wake of immense challenge, clave; the Saturn Outlook, a great, workers’ rights and environmental pro- the American automotive industry is best in class, most fuel-efficient vehi- tection. The union has loudly criticized emerging anew. Exciting new vehicle cle in its class. They were down to one the corporate global chase for the low- technologies, growing consumer con- shift. Ron Gettelfinger, in partnership est wage that creates a race to the bot- fidence and strong quality and safety with General Motors management, tom that no workers in any country ratings offer hope for the new pros- made some important decisions about can win. perity for the American auto industry that plant, about its products, about We have to continue Ron and its workers. its company. That plant, which is rep- Gettelfinger’s fight. We know that he Ron Gettelfinger’s commitment to resented by UAW Local 602, Brian is retiring, but we know he is not down the American auto industry and its Fredline is their president, now today and we know his influence will carry workers has been unyielding over his is back to three shifts plus overtime. across this country as we struggle for career. And in addition is making the Chevy the working families of America. So it Mr. Speaker, I ask my colleagues to Traverse. It is a world-class vehicle; is with great honor that I stand here to join in congratulating Mr. and Ron Gettelfinger, through his part- pay tribute to our good friend, to a ca- Gettelfinger; his wife, Judy; and their nership with this automotive company, reer of someone who has fought for children and grandchildren on the oc- has put people to work. In fact, Michi- workers, for equality, justice, and for casion of his retirement from the union gan, which has struggled with high un- quality of life. he loved so deeply, the UAW. employment over the years, actually So thank you, Ron Gettelfinger, for Mr. DINGELL. I thank my good saw about 450 families move from Ten- your service and for your career. friend from Michigan, and I yield now nessee to work in that plant. And I Mr. DINGELL. I thank the distin- to another distinguished gentleman thank Ron Gettelfinger and I thank guished gentlewoman from Maryland. from Michigan (Mr. SCHAUER). General Motors for that. I now yield to the distinguished gen- Mr. SCHAUER. I thank you, Mr. DIN- By the way, the Buick version of this tleman from Michigan (Mr. LEVIN), the GELL, and it is an honor to be here dur- vehicle made in my district by UAW chairman of the Ways and Means Com- ing this hour to talk about a man who Local 602 workers is China’s number mittee. has shaped our Nation’s economy and one imported vehicle. Mr. LEVIN. Mr. Speaker, I am privi- manufacturing; and it is an honor to What Ron Gettelfinger’s work and leged to join with JOHN DINGELL, a true follow Congressman SANDY LEVIN, also career and his legacy mean to me is he champion of the automobile industry from Michigan, who has been a fighter is a champion for manufacturing, and of this country for over 50 years, as we for jobs. in this country we must fight for man- join together to honor Ron Ron Gettelfinger, from my experi- ufacturing. It is a national security Gettelfinger. ence I can best describe him in a couple issue. This is the industry, the auto in- As we know, he recently retired as of stories. We are here to congratulate dustry that built our middle class and president of the United Auto Workers. him on his retirement and his legacy that is part of Ron’s legacy. Through a period of unprecedented dif- with the United Auto Workers. Chair- Another is fair trade. We must con- ficulty, and I emphasize that, for this man DINGELL and a bipartisan delega- tinue to fight for fair trade, as Ron industry of ours, Ron Gettelfinger tion from the House of Representatives Gettelfinger did in his career, to make worked tirelessly on behalf of auto visited the auto show, the North Amer- sure that our workers, the best workers workers and helped the industry and ican International Auto Show, at the in the world, the most innovative com- the union emerge reinvigorated and beginning of this year. panies in the world have a chance to more competitive. So it is my privilege We met with the top leadership of compete on a level playing field. Ron to join others to pay tribute to you, Ford, GM and Chrysler. Ron Gettelfinger fought for fair labor prac- Ron, today. Gettelfinger was right there. It was ap- tices for his workers. He helped trans- A proud auto worker, Ron parent, as these companies have form America’s economy. And retirees Gettelfinger joined the UAW in 1964 as worked through a very challenging to Ron Gettelfinger were more than a chassis line repairman at Ford’s Lou- time, they had a true partnership in legacy costs, as some consider them. isville assembly plant. The workers at their workers; the best workers in the They are real people.

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.121 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4740 CONGRESSIONAL RECORD — HOUSE June 23, 2010 So to Ron Gettelfinger, congratula- as committee person, bargaining chair ville Assembly Plant as committeeperson, bar- tions and thank you for your commit- and president, he has tirelessly worked gaining chair, and president, he has tirelessly ment to the United States of America for the betterment of the average worked for the betterment of the average for good jobs, a middle class, for ad- American worker. It should be noted as American worker. His organizing and people vanced manufacturing and an industry the UAW votes rose, as they improved skills are legendary as is his steadfast commit- that is on its feet again. Bob King will their working conditions, and of course ment to the American worker; all of which be a very able new president. I wish the contractual conditions and agree- make him a symbol of the union movement in him well, but I am here today, Chair- ments, others likewise benefited. His the United States and an icon to many Ameri- man DINGELL, to thank Ron organizing and people skills are leg- cans. Gettelfinger for all he has done for the endary, as is his steadfast commitment Mr. Gettelfinger first became a member of United States of America. to the American worker, all of which the Ford-United Auto Workers, UAW, bar- Mr. DINGELL. I thank my distin- made him a symbol of the union move- gaining committee in 1987. Since then, he has guished friend from Michigan. ment in the United States and an icon held several other management positions be- I yield now to the distinguished gen- to many Americans. fore being elected to his first term as president tlewoman from Texas (Ms. JACKSON Mr. Gettelfinger first became a mem- of UAW in 2002. Under his leadership, UAW LEE). ber of the Ford United Auto Workers was able to lobby effectively for labor protec- Ms. JACKSON LEE of Texas. Thank bargaining committee in 1987. Since tions and fair trade agreements, including pro- you, Mr. Chairman. And to the Speak- then, he has held several management visions for workers’ rights and environmental er, whenever JOHN DINGELL raises his positions before being elected to his protections. With the voice of the average voice to join in honoring a leader, you first term of president of the UAW in worker as his motivational mantra, he fervently always have to take his affirmation 2002. Under his leadership, UAW was criticized corporate global initiatives designed really as an honor of that leader. And able to lobby effectively for labor pro- to strip workers of their right to a living wage so no one wants to be left out when it tections and fair trade agreements, in- in the face of economic decline. In addition, he comes to honoring someone Chairman cluding provisions for workers’ rights toiled to keep U.S. jobs here in America. DINGELL has designated as deserving and environmental protections. He was Mr. Speaker, this is the kind of man who that honor. a visionary. With the voice of the aver- embodies the American spirit and symbolizes I come far away from Michigan, from age worker as his motivational the importance of the average American work- Texas, and to be able to say that Ron mantra, he fervently criticized cor- er to the success and way of life that we cher- Gettelfinger is an American hero, and porate global initiatives designed to ish. Our democracy has been made stronger America thanks him, because he under- strip workers of their right to a living by the efforts of this unique individual. It is stood the various assets of wealth. He wage in the face of economic decline. only fitting that we honor Ron Gettelfinger for might have understood a family in New In addition, he toiled to keep American his life’s work and give him special praise on York or down in Houston, or maybe in jobs here. He believed in America mak- his retirement. Alabama who was able to get that first ing things. Again, for these reasons I rise in support of American-made car, made by the men my friend and colleague, JOHN DINGELL’s spe- b 1815 and women of the United States, and in cial order. this instance those who reside in I hope he will leave that legacy, be- Mr. DINGELL. I thank the distin- Michigan. Buying a car was a big deal, cause we’ve got to get back to making guished gentlewoman from Texas. and I think this president, past presi- things. Mr. Speaker, this is the kind of I yield now to the distinguished gen- dent of the UAW, understood that. And man who embodies the American spirit tlewoman from Pennsylvania (Mrs. I am grateful for him understanding and symbolizes the importance of the DAHLKEMPER). that. That is why he fought for the average American worker to the suc- Mrs. DAHLKEMPER. I would like to men and women of the UAW. cess and way of life that we cherish. thank Congressman DINGELL for And so I rise today to join in this There is nothing wrong with working hosting this special hour this evening Special Order to honor Ron with your hands and having a decent where we can pay tribute to an out- Gettelfinger and to thank him for car- living. He believed in technology, bet- standing leader, businessman and ing about America, for those families ter ways of making cars, more effi- champion of organized labor, Mr. Ron who work every day all the time to en- ciency, but he didn’t believe in under- Gettelfinger. sure that they might buy that first car, mining the worker, the American I came to Congress with the promise that family car, that they could load worker. Our democracy has been made of standing up for workers’ rights, a up a family of two, three, four, five or stronger by the efforts of this unique mission that Ron has crusaded for more in a car that they knew would individual. It is only fitting that we since his days as an assemblyman for work, that had all of the bells and honor former president of the UAW the Ford Motor Company. His leader- whistles and had the investment of the Ron Gettelfinger for his life’s work and ship has influenced my approach to hard-earning and the hardworking men give him special praise on his retire- policy and enhanced the vision of orga- and women of the UAW. We want to ment. nized labor. thank him for his hard and exemplary Again for these reasons, I rise in sup- Ron’s 8 years as president of the work with organized labor, and we port of Chairman DINGELL’S special UAW have ushered in a number of de- want to acknowledge him at this time order and would only leave you to say fining accomplishments for the Amer- of his retirement. this: He is a great American. We would ican worker. He fought vigorously to There is no doubt that for his 40 do well to follow in the footsteps of assure worker protections in major years of service in the interest of the this great American and learn that trade agreements while understanding average American worker, he deserves America is at her best when she can that a reformed health care system the praise of Congress. He agreed with make things for the American people will better serve America’s workforce something I think that I whole- and people around the world. and our entire country. heartedly agree with: it is important Mr. Speaker, I rise in support of my col- Ron’s success is defined by a willing- for Americans to make things. And league JOHN DINGELL’s special order to honor ness to work with industry and con- how proud we were that we could point Ron Gettelfinger, immediate past president of struct bipartisan agreements that to the American automobile industry the United Auto Workers, UAW, for his exem- achieve results, a strategy I admire as being made by the hands of those plary work with the men and women of orga- and wish we would see more of here in who worked hard and made good and nized labor, and on the event of his retire- Congress. As we emerge from the worst made good products. America has got ment. There is no doubt that for his 40 years economic crisis since the Great Depres- to get back to making things; and Mr. of service in the interest of the average Amer- sion, Ron’s leadership has been stal- Gettelfinger, who was involved in the ican worker, Mr. Gettelfinger deserves the wart. union and worker activities since 1964, praise of the Congress. As Americans see thousands of jobs I believe understood that well. Mr. Gettlefinger has been involved in union headed overseas, Ron made sure that Ever since he was elected to rep- and worker activities since 1964. Ever since well-paying jobs stayed right here in resent Ford’s Louisville assembly plant he was elected to represent the Ford’s Louis- the United States of America. At a

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.123 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4741 time when workers’ rights were in So I come tonight to say thank you Though he rose to the very top of the UAW jeopardy, Ron never thought to back again and we wish you Godspeed. We leadership, Ron Gettelfinger never forgot down or make concessions. That’s real know that you will be out there doing where he came from. He was most proud sim- leadership. some things in a positive way which ply to be known as a chassis line repairman. Ron, on behalf of the working men will continue to improve the quality of A member of UAW since 1964, it was the and women of my district in western life. needs and perspectives of the workers at Pennsylvania and all organized labor, Mr. DINGELL. I want to thank my Ford’s Louisville Assembly plant with whom he thank you. You leave a wonderful leg- dear friend from New York for his worked side-by-side for so many years that al- acy that has shaped a higher standard kindness, his fine words, and for his ways shaped his priorities and concerns. for the American worker. I wish you great patience. He is my dear friend. With profound appreciation for Ron the very best in your days ahead. I am Mr. Speaker, I have the remarks of Gettelfinger’s consensus-building among busi- proud to stand here with the gen- many of our other colleagues which ness and labor leaders that has helped to pre- tleman from Michigan to honor you will be inserted into the RECORD paying serve a vibrant American auto industry for mil- here tonight. tribute to our great friend, Ron lions of American workers and their families, I Mr. DINGELL. I thank the distin- Gettelfinger. join my colleagues in thanking Ron for his guished gentlewoman. I simply want to observe two things: service and wishing him and his family well in I yield now with a great deal of pleas- first, we are saying good-bye tonight to the years ahead. ure and respect to my good friend from a giant, a patriot, a wonderful human Ms. KAPTUR. Mr. Speaker, please allow me New York, the Honorable EDOLPHUS being, a man who cared about his fel- to express my sincerest gratitude to UAW TOWNS. low Americans and who spent his life- President Ron Gettelfinger for his leadership Mr. TOWNS. Thank you very much. time making it the best he could for I am delighted to come and partici- during this extraordinary moment of transition his fellow Americans, especially mem- pate in this special order this evening, for the U.S. auto industry. His strength, bers of the trade union movement. to be here with the longest serving composure, intellect, and resolve have turned He was never afraid to give leader- a new day for this bedrock U.S. industry. member of the United States House of ship to causes that were important, Representatives, John Dingell. We Ronald A. Gettelfinger, born August 1, 1944, and he never was afraid to speak the come tonight to say thank you to Ron was elected to his first term as president of truth, including to work with me and Gettelfinger for 40 years of service to the UAW at the 33rd Convention in 2002. He with the companies to address prob- the UAW, and 8 years as its president. was elected to a second term on June 14, lems that those companies had here in So I rise in order to honor him tonight 2006, at the UAW’s 34th Convention in Las Washington, and he was never afraid to because of the outstanding job that Vegas. A son of the midwest, Ron Gettelfinger tell the truth, even to his own mem- Ron was able to do. is a 1976 graduate of Indiana University It is easy to admire Ron by just look- bers when that was necessary to be Southeast in New Albany, Indiana. ing back over his long career. From his done. He began his union involvement in 1964 in early work as a chassis line repairman I am pleased to report that in his Louisville, Kentucky, at the Louisville Assem- in 1964 at a Louisville assembly plant leaving of office, he leaves behind him bly Plant run by Ford Motor Company while to being elected to the United Auto a great and respected trade union working as chassis line repairman. Workers top leadership post in 2002, movement, and a wonderful union in The workers at Ford’s Louisville Assembly where he became the face of one of the the UAW. And I am pleased to report to plant elected Gettelfinger to represent them as largest and most diverse unions in my colleagues that his successor, the committeeperson, bargaining chair and presi- North America, he has shown a re- new president, Bob King, will serve dent. He was elected president of local union markable drive and work ethic that with great distinction and as a worthy 862 in 1984. In 1987, he became a member made him a role model as he fought for successor in all aspects of this very im- of the Ford-UAW bargaining committee. After- health care and so many issues that portant leadership responsibility. I wards, he held other positions: director of improved the quality of life for so congratulate him and wish him well. UAW Region 3 and the UAW chaplaincy pro- many. Mr. TIERNEY. Mr. Speaker, on behalf of gram. For six years he served as the elected Ron was not a selfish person. He felt working men and women of the Sixth District director of UAW Region 3, which represents that if I can help somebody, then my of Massachusetts, I rise today to commend UAW members in Indiana and Kentucky, be- living is not in vain. In addition to his Ron Gettelfinger for his extraordinary service fore being elected a UAW vice president in work in the auto industry, he has had and leadership during his recently completed 1998. a positive effect on Federal and State tenure as president of the United Auto Work- Ron has been an outspoken advocate for public policy. Mr. Gettelfinger is a ers of America. national single-payer health care in the United hardworking individual who has been Over the last 8 years, Ron Gettelfinger has States. Under his leadership, the UAW has an outspoken advocate for so many helped steer his brothers and sisters in orga- lobbied for fair trade agreements that include good causes. nized labor through one of the most difficult provisions for workers’ rights and environ- Under his leadership, the UAW also economic periods in history with great states- mental provisions; and the union has loudly lobbied for new technologies and envi- manship and considerable care. And despite criticized what it calls ‘‘the corporate global ronmental standards, supporting smart the unprecedented challenges the auto indus- chase for the lowest wage which creates a policies for solid jobs, and, of course, try has faced, the UAW has emerged from the race to the bottom that no workers, in any clean air. These are issues that have recent crisis well-positioned for the future country, can win’’. been and continue to be very important thanks in no small measure to Ron’s vision Mr. Gettelfinger’s leadership of the UAW to me and the people of the 10th Con- and leadership. has led to a more competitive American auto gressional District. Ron’s tenure at the UAW was marked by a industry. His stalwart and trustworthy negotia- Ron was once quoted as saying, ‘‘We string of victories for American workers and tions gave new hope to a beleagured indus- don’t accept the notion that America is their families. An outspoken advocate to make trial sector. a country where a privileged few live health care accessible and affordable for all The U.S. auto industry, long the backbone while the rest of us struggle to meet Americans, Ron played a critical role in help- of the American economy, reached an impor- our daily expenses. We’re going to fight ing to see health care reform enacted into law. tant milestone last week—and I think this ac- for something better.’’ And I want you He fought for children’s health insurance and complishment did not get the coverage that it to know he did. fair pay legislation, labor protections in fair deserved. And, of course, we look back tonight trade agreements, and championed retaining The respected J.D. Power & Associates ini- and we say, Ron, thank you. Thank manufacturing jobs here in the United States tial quality study revealed that U.S. auto- you for the outstanding job that you through investments in advanced technology makers defeated the imports in what the L.A. did on behalf of the UAW. Thank you vehicles. And through the most serious eco- Times calls ‘‘a key benchmark of quality.’’ for the outstanding job that you have nomic downturn since the Great Depression That’s right. The American automakers are done on behalf of the people of this Na- and the loss of thousands of jobs to compa- Number One again. tion. We thank you for the leadership; nies overseas, Ron Gettelfinger always It has been a long, tough road, but they and as a result, people throughout were worked to ensure that UAW workers and their have gotten the job done—and they did it in able to see you as a role model. families were treated fairly. extremely difficult circumstances.

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.125 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4742 CONGRESSIONAL RECORD — HOUSE June 23, 2010 This achievement involved a lot of sacrifice ing reform, we have taken an important step advocate for health care reform should not go and a good measure of ‘‘tough love,’’ but it and I applaud his efforts on behalf of health- unrecognized. I wish him the best of luck in has paid off. A cornerstone industry of the care reform. his future endeavors. American economy has turned the corner. Mr. Gettelfinger has spent a lifetime of serv- Mr. DOYLE. Mr. Speaker, I rise today to We congratulate the UAW, because a lot of ing working Americans and making sure that honor a man of great dedication and loyalty to people—including Members of this body—said they are given a fair chance at a fair wage the working men and women of America. Mr. it couldn’t be done. A lot of people said the and fair work. I wish him the best of luck in Ron Gettelfinger recently retired from his posi- automakers weren’t worthy of our support. A whatever he does next, which I am sure will tion as President of the United Auto Workers lot of people wrote them off—and the hun- include continuing efforts to defend the rights and I want to take this opportunity to honor dreds of thousands of jobs that the auto indus- of workers and all Americans. him for his longtime advocacy for the Amer- try supports in this country. Mr. GONZALEZ. Mr. Speaker, I rise today ican worker. Truly, the autoworkers, auto dealers, parts to salute Ronald A. Gettelfinger as he steps Mr. Gettelfinger began his union involve- suppliers—and all the people who support this down after eight years as president of the ment in 1964 as a chassis line repairman at giant industry—deserve our commendation. International Union, United Automobile, Aero- the Ford Motor Company’s Louisville Assem- Mr. Speaker, this has never happened be- space and Agricultural Implement Workers of bly Plant in Louisville, Kentucky. Twenty years fore. In the quarter of a century that J.D. America. Since 1964, Mr. Gettelfinger has later, following his election as com- Power quality surveys have been conducted, been a part of the American automotive indus- mitteeperson and, soon thereafter, bargaining the U.S. automakers never defeated the for- try. When Bob King assumed the presidency chair, he was elected president of Local Union eign competition. Until this year. of UAW on June 15, 2010, it marked the end 862. He took on greater and greater responsi- As a J.D. Power official told the L.A. Times: of an era. bility in the UAW, serving as director, vice ‘‘This is a landmark in the quality history of the As a chassis line repairman, after his elec- president, and starting in 2002, president of auto industry.’’ He got that right. It is a land- tion by his fellow UAW members to represent the union. He was reelected for second term mark event, and it’s a landmark event with the workers at Ford’s Louisville Assembly in 2006. However, in 2009, he announced he great implications for our nation. plant, and his during his twelve years in the would retire at the end of his second term as The day when the buying public regarded leadership of UAW, Ron Gettelfinger has president. imported cars as superior to American cars? worked to ensure that his workers, American Mr. Gettelfinger’s accomplishments include, It’s over. workers, get a fair deal. He has fought to pro- but certainly are not limited to, his steadfast The American automakers have been stead- tect a strong manufacturing sector in the determination which aided him in his fight for ily closing the gap on their foreign competition United States of America, so that the Arsenal both labor protection in fair trade agreements for several years. And this year, they finally of Democracy could continue to lead the and affordable health care for all. Most nota- passed them. world, not just through our production but bly, Mr. Gettelfinger proved himself a strong If you want quality, buy American. Take it through the standards we hold dear. His prior- leader during the most serious economic from J.D. Power. ities have been a just and decent wage for downfall in decades, when he negotiated tire- There is still a lot of work ahead, but make honest work. Recognizing the importance of lessly with corporate leaders in order to pro- no mistake: the American carmakers are back. ending our dependence on foreign and fossil tect his workers’ rights. Our confidence in them and their workers has fuels, as President of UAW he pushed for a Mr. Gettelfinger has served the working men been rewarded. national investment in new technologies to and women of the UAW with skill and dedica- And Ron Gettelfinger, as he officially retires, produce energy-saving vehicles. tion for decades, and I want to take this op- can be confident his life made a difference to These past 44 years have seen great portunity to commend him for all his efforts as millions and millions of others, and to commu- changes in the automotive industry. There a determined advocate for American workers. nities across our nation that depended on him have been good times and bad. Through it all, I want to congratulate Mr. Gettelfinger, and ex- to lead his great union into a new era for the Ron Gettelfinger never forgot for whom he tend to him and his family best wishes for a U.S. auto industry. worked. The past two years may have been well-deserved retirement. Thank you, Ron, for your effort, your serv- some of the toughest. But the reorganizations Mr. ENGEL. Mr. Speaker, I rise today to ice, your patriotism and your achievements. of General Motors and Chrysler have marked honor Ron Gettelfinger for his tremendous May God bless you and yours in the coming a turning point and things are looking up. The leadership and to congratulate him on the years. new GM is leaner and tougher than we have good work he has done representing the Mr. SERRANO. Mr. Speaker, today, I rise to seen in years, with the Chevrolet Volt leading members of the United Auto Workers (UAW). honor Ron Gettelfinger, who retired last week the way into a bright future. We all look for- Ron served the UAW as President, Vice Presi- from being president of the United Auto Work- ward to that bright future, and I trust that Ron dent, and as a member of the Local 862. I ers. Mr. Gettelfinger first joined the UAW as a Gettelfinger looks to it with pride in the role he wish him all the best retirement has to offer. line repairman in 1964 and has now spent a played in making it possible. Since 1964, Ron Gettelfinger has been a lifetime fighting for the best interests of work- Mr. ANDREWS. Mr. Speaker, I rise today to proud member of the UAW, and served as ing Americans. honor Ronald Gettelfinger, president of the President since 2002. During this time he ad- Mr. Gettelfinger was elected to the Presi- United Auto Workers, and longtime advocate vanced the rights of working men and women dency of the UAW in 2002 and provided ex- of workers everywhere. I stand to recognize by securing fair wages, better working condi- cellent leadership through a difficult time in the him for his vision for America. tions, and fairer trade deals. Ron Gettelfinger history of the auto industry in the United Mr. Gettelfinger’s first experience with Ford also guided the UAW through the tough times States. The auto industry faced great hard- Motor Company’s labor unions occurred in of the past several years, when the auto in- ships during his tenure and as a whole need- 1964 when he started working as a chassis dustry was struggling and our nation’s econ- ed to make a lot of changes. Mr. Gettelfinger line repairman at the Louisville Assembly omy was in a deep recession. He made sure recognized the great changes that needed to Plant. After a few years, his co-workers elect- that his workers were treated fairly during be made and ably defended his members ed him committeeperson, bargaining chair, these difficult times. while working hard to address the long term and president of the local union. He worked As the son of a lifelong iron worker, I am a needs of the industry. He understood that the his way up through UAW Region 3, was elect- strong supporter of a worker’s right to engage automakers and the unions needed to work to- ed national vice president in 1988, and presi- in collective bargaining through membership in gether to insure that they both could go for- dent in 2002. His second term as president labor unions. I have, and will continue to as- ward stronger than before. will expire with the election of a new president sist them in achieving common goals such as During his time as President he worked at the UAW convention in Detroit later this fair wages, safe workplaces and enhanced job hard not only for his own members, but for the week. opportunities. rights of all American workers and of all work- Mr. Gettelfinger’s down-to-earth personality I ask my colleagues to join with me in con- ers around the world. In addition to his efforts has been a huge asset to him as UAW presi- gratulating Ron Gettelfinger and wishing him working for workers, he understood the impor- dent. He has stood by the Union’s mission to all the best in his retirement. tance of universal health care to having a secure economic and social justice for all peo- Mr. OBERSTAR. Mr. Speaker, I rise today healthy and competitive workforce and he ple, and believes that every person and every to offer my sincere appreciation of the enor- spoke out in favor of health care for all Ameri- job is important. mous contributions that Ron Gettelfinger has cans. While I think that he and I would both Mr. Speaker, Ron Gettelfinger’s leadership made to our nation and to the labor movement have liked to see even more extensive reach- as president of the United Auto Workers and as President of the United Auto Workers

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.112 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4743 (UAW). Thank you, Ron, for your unmatched Ronald A. Gettelfinger on his well-deserved Mr. COHEN. Mr. Speaker, I rise today to record, and your superb service as an effec- retirement. recognize Ron Gettelfinger for his leadership tive labor leader. A few weeks ago, I had the opportunity to at the United Auto Workers, UAW, and to con- As a result of your tireless and dedicated be with Mr. Gettelfinger and the UAW mem- gratulate him on his retirement after a lifelong leadership, you succeeded in making our vital bers to celebrate their 75th anniversary. They dedication to the auto industry. He is a former domestic auto industry able to compete in the have been stalwart partners in the movement chassis line repairman at a Ford factory in In- global auto marketplace. Your vision to secure for civil rights and social change. It was truly diana and a former director of UAW Region 3 a sound future for the auto industry was not a homecoming, and I was proud to be with which represents Indiana and Kentucky. A limited to just your membership; your skilled Ron during one of his last official acts as UAW member of the UAW Local 862 since 1964, efforts also benefitted our steelworkers on the president. Mr. Gettelfinger was the right man to lead the Iron Range in Minnesota who work in the tac- For nearly half a century, Mr. Gettelfinger UAW during the worst economic downturn in onite mines to produce the ore for our domes- has dedicated himself to the rights of Amer- recent years for the automobile industry and tic steel industry. I am profoundly grateful for ican auto workers. Ron began his career as our country. He is proof that optimism and your contributions that will never be forgotten, chassis line repairman in 1964. When his col- dedication during tough times can yield posi- and your quote ‘‘We did what we had to do to leagues at Ford’s Louisville Assembly plant tive results. get to tomorrow’’ is a testament to your lasting elected him as their committeeperson, bar- Ron Gettelfinger was first elected president legacy of leadership. gaining chair, and president, he rose to the of the UAW at the 33rd Constitutional Conven- I hope your retirement is filled with many challenge and went on to serve in various tion in 2002 and re-elected to a second term years of continued growth and good health, leadership positions for the United Auto Work- in 2006. During the economic downturn of and that you never cease to share your ability ers (UAW) membership for the next 26 years. 2006 and 2007, he had to make tough and to lead and inspire. I know that you will con- During his tireless years as a UAW leader, sometimes unpopular decisions to ultimately tinue to apply your trademark dedication and Mr. Gettelfinger constantly recommitted him- save America’s Big Three auto companies. He energy to all your endeavors in the future. self to the values that were so important to— reached agreements to provide buyouts and It is indeed a pleasure to send my very best as he would say—my ‘‘sisters and brothers’’. other retirement incentives for tens of thou- wishes to a man who has touched the lives of Through trials and tribulation, the UAW has sands of workers, forfeited holiday pay and so many people in as many ways as you defended human dignity in the auto industry bonuses, and applied overtime pay only to have. and been a strong ally in the struggle for so- work weeks exceeding 40 hours as opposed Congratulations, Ron, on your retirement cial justice both in the United States and to work days exceeding 8 hours. and your extraordinary work for working men around the world. Mr. Gettelfinger embodied In a continued effort to save the auto indus- and women. these values and was a constant, vocal advo- try and foreseeing the effect of globalization Ms. BALDWIN. Mr. Speaker, I rise today to cate for health care, workers’ rights, and trade on manufacturing wages, Mr. Gettelfinger join my colleagues in paying tribute to a great policy reforms. I thank him for his service and agreed to job layoffs and contract concessions man much beloved around the country, includ- for his commitment to the forgotten, the under- that would make it easier for the Big Three to ing in my home state of Wisconsin: I speak of served, and the backbone of our global econ- secure the help they needed. In 2008 and Ron Gettelfinger. omy—America’s workers. 2009, he made the tough decision to end life- Anyone who has ever needed a friend Again, let me congratulate Ron, his wife time job guarantees, traditional pension plans knows the difference between the fair-weather Judy, and their family on this momentous oc- and carefree retiree health insurance plans. friend and the friend who stands by you in casion and exciting new chapter in their life. He also agreed to end the UAW’s job bank your time of need. Ron Gettelfinger has stood Mr. Speaker, Mr. DINGELL, as you know, his program which allowed laid-off workers to con- by his UAW brothers and sisters in their time leadership will be missed, but never forgotten. tinue collecting almost full pay—a program of need. Mr. HARE. Mr. Speaker, I rise today to cele- that was often seen as paying workers for not When my constituents talk about Ron, they brate the achievements of Mr. Ron working. As a result of these and other meas- talk about him as a fighter for working men Gettelfinger, President of the United Auto ures taken to address the effects on wages, a and women. Over the past 8 years, while he Workers, and to thank him for his unwavering study by the Center for Automotive Research served as the president of the United Auto commitment to the American worker. His re- concluded that the Detroit Three will achieve Workers, Ron saw the auto industry chal- tirement is surely a bittersweet moment for us ‘‘labor cost superiority’’ by 2015 and will hire lenged as never before. He saw its workers all. Through his eight years as President of thousands of new workers. beaten down. UAW, Mr. Gettelfinger navigated some of the Ron Gettelfinger worked tirelessly on behalf Hundreds of my constituents lost their jobs most difficult and trying times that the labor of automobile manufacturing workers and felt when the GM plant in Janesville, Wisconsin movement has faced in recent history. During a sense of responsibility to them and the closed down. Ron and the UAW stood by the economic downturn and with countless country as a whole. He advocated for incen- those workers, providing them with support, jobs moving overseas, his steadfast leadership tives to manufacture energy-saving advanced assistance and advocacy to bridge the gap to has helped restore faith in our auto industry technology vehicles and their key components new employment. and has helped workers feel secure during in the United States. He fought for fair trade But Ron didn’t just stand by the workers this period of great instability and change. I agreements that included provisions for work- without jobs—he knew something needed to am deeply moved by Mr. Gettelfinger’s unwav- ers’ rights and environmental protections. He be done to stop the bleeding and help save ering resolve in his fight for labor protections, was also critical of ‘‘race to the bottom’’ prac- the auto industry. So he did the unpopular accessible and affordable health care for all, tices whereby corporations sought to maxi- thing, and helped renegotiate General Motors and his push for keeping manufacturing jobs mize profits by paying the lowest wages pos- contract with the auto workers. It was such a in the United States. sible. difficult decision in a difficult time—but we are I speak today on behalf of the Illinois mem- Mr. Gettelfinger was a supporter of acces- beginning to see the positive results from it bers of the UAW in thanking Mr. Gettelfinger sible and affordable health care for every man, now. The auto industry seems to be turning for all of his work. Workers throughout Illinois woman, and child here in America. In order to around. have played a large role in supplying our auto- save the financial books of GM and Chrysler As president of the UAW, Ron has been a makers and are one small part in a much larg- and still provide pensioners’ health care cov- champion for all American workers. He has er supply chain. Because of this connection, erage, UAW assumed the health care cost worked tirelessly for labor protections in fair the UAW itself has deep roots in Illinois, and through a trust known as Voluntary Employ- trade agreements, accessible and affordable Mr. Gettelfinger’s work has touched countless ees’ Beneficiary Associations, VEBA. health care for all, and protection of American Illinois families. I would like to thank Mr. While in my hometown of Memphis, Ten- jobs through investments in advance tech- Gettelfinger for his efforts to make life better nessee, Ron Gettelfinger spoke at the con- nology vehicles. for workers across my home state of Illinois servative Economic Club of Memphis in early So my gratitude and my admiration go to and across the United States. The people of 2009. He was introduced by his cousin, Mr. Ron, on behalf of the thousands of Wisconsin- Illinois will not soon forget what Mr. Tom Gettelfinger—a practicing ophthalmologist ites he represented so bravely and ably for the Gettelfinger has accomplished for them. in Memphis. Ron Gettelfinger acknowledged past 8 years. Mr. Speaker, it is with pride and admiration the important role shared by the auto industry Mr. LEWIS of Georgia. Mr. Speaker, I rise that I offer my thanks and recognition to Mr. and Tennessee, which ranks 9th in the United today to join my good friend, the gentleman Ron Gettelfinger for his service to the UAW States in terms of auto industry employment from Michigan (Mr. DINGELL) in recognizing Mr. and to our nation. with an annual $2.8 billion payroll. While in the

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.114 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4744 CONGRESSIONAL RECORD — HOUSE June 23, 2010 lion’s den, Mr. Gettelfinger spoke on U.S. Ford’s Louisville Assembly plant as a chassis as President of the United Auto Workers. Ron banks and investment firms as the foundation line repairman and a member of UAW Local has been President of UAW since 2002, of the global system and the disarray they 862. As a member of UAW Local 862, he was though his ardent support for the American were in. He spoke on the need for the govern- elected to serve as a committeeperson, bar- worker extends back to his days as a rank ment to jump-start the economy and to ad- gaining chair and eventually president. In and file UAW member and chassis line repair- dress the thousands of Americans loosing 1992, he was elected as the director of UAW man at Ford’s Louisville plant. their jobs and their homes to foreclosures. Mr. Region 3, representing members in Indiana Ron led his members through one of the Gettelfinger told attendees that President and Kentucky and served in that role for six most devastating economic downturns since Obama and Congress did the right thing by years. In 1998, he was elected as a UAW Na- the Great Depression. He should be particu- passing the economic stimulus package and tional Vice President under then UAW Presi- larly lauded for his efforts to fight for those that the plan would put money back into the dent Steven Yokich. In 2002, Mr. Gettelfinger employees in the auto industry who have lost hands of the American people and would en- was elected as President of the UAW Inter- their jobs in recent years. He worked tirelessly ergize the lagging economy. We are seeing all national Union, the position he has held until to secure opportunities for and ensure the fair of these things come to fruition today. his retirement. treatment of his members during this time and Ron Gettelfinger pulled our automobile man- The American auto industry has faced un- I thank him for those efforts. ufacturing industry from the brink of devasta- precedented challenges in recent years. Dur- Ron has also been a staunch advocate for tion and saved hundreds of thousands of jobs. ing this time, President Gettelfinger has pro- expansive and affordable health care in this By saving the Detroit Three, Mr. Gettelfinger vided steadfast, thoughtful, and effective lead- country. He should be proud of his role in sup- played a pivotal role in keeping the American ership. During his tenure, the American auto porting and passing the expansion of SCHIP economy away from total disaster. Mr. Speak- companies have faced their greatest chal- in 2009 and the historic health care reform er, I ask all of my colleagues to join me today lenges since the Great Depression. Following package passed earlier this year. When I led in wishing Ron Gettelfinger the best and con- the economic downturn of September 2008, in the effort in the House of Representatives to gratulating him on his retirement from the which irresponsible decisions on Wall Street oppose the excise tax on health care plans, I United Auto Workers. created an economic crisis for businesses and was proud to have Ron and his members Mr. RUSH. Mr. Speaker, I rise today to pay families across the United States, President working side by side with me to protect the tribute to a hero of the American workforce: Gettelfinger’s bold action and leadership was benefits of working families in our country. Ron Gettelfinger. For the past eight years Mr. critical in securing the future of the American In my state of Connecticut, I have worked Gettelfinger has dedicated himself to fighting auto industry. He was instrumental in the forg- closely with the men and women of the UAW. for our Nation’s auto workers as president of ing of a set of sustainable contracts, which Whether they are the men and women who the UAW. Many of the fights that Mr. have allowed the American automakers to re- work at Foxwoods casino or those helping de- Gettelfinger undertook helped not only his main globally competitive. President sign the next generation of submarines at constituency but Americans as a whole. Gettelfinger’s leadership has saved hundreds Electric Boat in Groton, UAW members are Mr. Gettelfinger’s priorities are not unique to of thousands of American jobs, while uphold- among the hardest working individuals in our the UAW but are shared by many members of ing the ideals and standards of a hard day’s country. this body, myself included. Whether fighting work for a fair day’s pay. I commend Ron for his service to improve for single-payer healthcare, labor protections, Mr. Speaker, I ask my colleagues to join me the quality of life for so many American work- or investment in America’s industry Mr. today to honor President Ron Gettelfinger for ing families and I ask my colleagues to join Gettelfinger had made it his life’s work to ad- his many contributions to our community and me in thanking Ron for his work and wishing vocate for the American worker. his leadership at the United Auto Workers him a happy retirement. Union. I wish him many more years of health, I am proud to rise today to honor a fine man f on the occasion of his retirement and com- happiness, and productive service. Mr. STARK. Mr. Speaker, I rise to recognize mend him for the excellent work he’s done. THE ECONOMY AND OTHER retiring United Auto workers President Ron Mr. Speaker, it is because of individuals like CURRENT ISSUES Gettelfinger. Mr. Gettelfinger has dedicated his Ron Gettelfinger that our workforce functions The SPEAKER pro tempore (Mr. career to advancing the interests of working as well as it does. CARSON of Indiana). Under the Speak- Mr. LARSON of Connecticut. Mr. Speaker, I people around our country and the world. He er’s announced policy of January 6, has worked for safer and more equitable work- rise today to join our distinguished Dean of the 2009, the gentleman from Missouri (Mr. places and to make the idea that hard work House, Representative JOHN DINGELL, to AKIN) is recognized for 60 minutes as should translate into a good wage and a sta- honor Ron Gettelfinger for his years of service the designee of the minority leader. ble job a reality. His work has also directly to the United Auto Workers (UAW). Ron re- Mr. AKIN. Thank you very much, Mr. benefited my district. Speaker. I appreciate a moment here cently announced that he will retire after serv- The UAW has represented nearly 5,000 to get our charts lined up and to talk ing as President since 2002, and a lifelong autoworkers at the NUMMI plant in Fremont, about a subject that we have been talk- commitment of service to the organization. As California for nearly 30 years. With the UAW’s ing about for some time but which is President, he worked closely over the years representation, these workers were able to very much on the minds and hearts of with my regional UAW Directors, outgoing Di- earn a good wage and benefits that allowed people in America, and that is the situ- rector Bob Madore and his predecessor Phil them to build solid middle class lives. In turn, ation of jobs, the economy, and the Wheeler, on issues important to Connecticut. they built some of the best cars in the world condition of our solvency as a nation, Ron presided during a time of economic dif- and won numerous awards for quality and and the challenges to leadership and ficulty and a historic health reform debate, and craftsmanship. did so with great poise and a never subsiding Unfortunately, the NUMMI plant ceased pro- the way forward. commitment to the men and women he rep- duction in April. Mr. Gettelfinger and the UAW Now in order to try to get a perspec- resented. I once again commend him on his worked tirelessly to keep the plant open. Since tive on where we are, it’s helpful to years of service and join with my colleagues the closure, I’ve worked with Mr. Gettelfinger look back a little bit and to see where in saluting him. to secure job training and Trade Adjustment we have come from. Those of us per- Mr. PETERS. Mr. Speaker, today I would Assistance for the many workers who have haps who have been paying a little at- like to honor Mr. Ron Gettelfinger, a lifelong lost their jobs. Recently, Tesla Motors pur- tention to what has been going on over champion of the American labor movement chased the NUMMI factory and they will be the last couple of years, there have and President of the United Auto Workers building electric cars there. I will keep working been some changes, changes of a reces- Union, on his retirement after forty-five years with the UAW and incoming President Bob sion that has come, changes in terms of of dedicated service. As a Member of Con- King to ensure that the UAW is recognized unemployment, people having trouble gress it is both my privilege and honor to rec- and former NUMMI workers are hired to fill the making their mortgage payments, peo- ognize President Gettelfinger for his many new jobs. ple having trouble keeping or getting years of service and his contributions which It has been a pleasure to work with Mr. jobs, and also a sense that the economy have enriched and strengthened our country, Gettelfinger. On behalf of the thousands of my is not all that it should be. These the State of Michigan, and Oakland County. constituents that have benefited from his serv- things didn’t happen just by accident. In his career, President Gettelfinger has ice, I say ‘‘thank you.’’ They were a result to a large degree of been a tireless advocate for working families Mr. COURTNEY. Mr. Speaker, I rise today government policy. Many of the prob- and workers’ rights. In 1964, he was hired at to honor Ron Gettelfinger who recently retired lems that we are experiencing actually

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.118 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4745 were caused by decisions that were control Freddie and Fannie. They were And so his policies started out, first made right here in this Chamber, and quasi-private agencies that were loan- of all—actually, it started out with the some of those decisions now turn out ing money like mad to people that stimulus package. The stimulus pack- to be not wise at all. wanted to buy houses. The trouble was age was one of these things that were I would like to go back a number of they had just lost a billion here or supposed to help us get some jobs. He years to part of what created this en- there, so things weren’t going quite told us what we were going to do with tire real estate bubble which then col- right for Freddie and Fannie. the stimulus package, we were going to lapsed our economy and put us in the But Freddie and Fannie had a way to spend—it was originally $787 billion, condition that we are now. I hope to fight back. They had many, many lob- but as it turned out it was $800 billion conclude with some very positive sug- byists in Washington, D.C., and they in the stimulus package. And here’s gestions as to what we have to do to go gave lots of money away to Senators what was said by the President about forward. America is not in someplace and other political people. So the it. Our stimulus plan will likely save or that we haven’t been before. We’re not President is asking for authority to create 3 to 4 million jobs. Ninety per- in over our head, but we’re getting control Freddie and Fannie. The Presi- cent of these jobs will be created by the close to it. There are things that we dent got the bill through because Re- private sector, the remaining 10 per- can do to mediate and to take care of publicans controlled the House at the cent mainly public sector jobs. some of the problems that have been time, got a bill through the House, it So this looked like a pretty good created, but we must act decisively and went to the Senate. But because the deal. We were told if you don’t pass the we’re going to have to act imme- Republicans did not have 60 votes in stimulus bill, what’s going to happen is diately. the Senate, the bill was killed by the you may get 8 percent unemployment Going back a little bit, it became Democrats in the Senate. if you don’t pass it. And so because the popular over a couple of different ad- In the meantime, the congressional Democrats were totally in charge, we ministrations to allow people who Democrats disagreed with the idea of passed it. The Republicans all voted no. couldn’t really make their mortgage regulating Freddie and Fannie more. We had seen this before. It was not payments to get mortgages to buy And of course Congressman FRANK, even a legitimate stimulus package. It houses. So what we did was we created who is now the one in charge of this was a whole lot of big spending on a lot a law that actually said to bankers and committee, saw it very different than of giveaway government programs, but to people who were going to give people President Bush did. He said, these two it was not going to do anything to im- home loans that you have to give loans entities, Freddie and Fannie, are not prove the economy, we believed. Now to people who can’t afford to pay some facing any kind of financial crisis. The we’ve had a chance to see how did that of them, or who may be a bad credit more people exaggerate these prob- $800 billion go? Well, it went to pay the risk would be a better way to state it. lems, the more pressure there is on pensions of a lot of States that had And so we had these laws saying that a these companies and the less we’ll see been irresponsible and had not man- certain percent of loans have to be in terms of affordable housing. So he aged their pensions properly. given to people who were bad credit did not want to regulate Freddie and And so now we’ve seen how that risks. Over a period of time, what hap- Fannie. He didn’t see a particular fi- worked. Well, the private sector has pened was those percentages were in- nancial problem; he said they’re just lost nearly 8 million jobs since 2008. creased. In President Clinton’s last fine financially. This is the same arti- The government has gained 656,000 year in office, they increased those per- cle, New York Times, September 11, jobs—mostly the census-type jobs—and centages up. In the meantime, the 2003. Of course as it turns out, through there was very, very little job creation economy had a series of different the eye of history we can look back in the private sector. Well, is it be- things that occurred with Greenspan and say of course Congressman FRANK cause Republicans were such wizards creating a great deal of liquidity be- was completely wrong and President that they could figure out it wasn’t cause of the recession in 2000–2001. So Bush was right; we should have done going to work? Well, no, we just know what you had was this real estate bub- something about Freddie and Fannie. something about history. In fact, we ble where a lot of people were putting So you start to get this real estate would have hoped that the Democrats money into houses, the housing prices collapse and mortgage problem. So the might have learned from history from were going up rapidly, everybody was economy starts to go down and a lot of the days of FDR, who took a recession flipping these home loans and making people blamed President Bush for it. and turned it into the Great Depres- lots of money. As long as the music But anyway, the economy starts going sion. continued to play, everybody was down, it’s because of this congressional These are the comments from a happy. When the music stopped, there policy of allowing these mortgages to Keynesian economist in a way, he was were a lot of people without chairs to be made to people who couldn’t afford somebody that was about the same sit down in. Well, this tremendous bub- to pay. What happened was of course time period historically as Little Lord ble that ended up bursting in the home Wall Street took them, chopped the Keynes. His name was Henry Morgen- mortgage area was not something that mortgages up into little pieces, pack- thau, he was FDR’s head of Treasury. took everybody by surprise. Many peo- aged it all up into these mortgage- He said, We have tried spending money. ple took advantage of it. Many people backed securities and sold them all We have spent more money than we’ve were hurt very badly by it. But it was over the world. The whole crisis was ever spent before—this is after 8 years not something that people didn’t un- compounded by the different ratings of the Federal Government spending derstand was going on. In fact, on Sep- agencies like Standard & Poor’s and lots of money—it doesn’t work. I’d say tember 11 in 2003, which goes back Moody’s, giving them all Triple A rat- after 8 years of the administration we quite a number of years now, President ings—in fact, these things were not have just as much unemployment as Bush saw this coming; and so he is re- Triple A at all; they were a lot of trou- when we started, and an enormous debt corded here in the New York Times, ble waiting to happen. to boot. not exactly a conservative oracle, say- So the real estate crisis then drug So, so much for the stimulus bill. It ing that ‘‘the Bush administration the rest of the financial market into wasn’t even FDR kinds of concrete and today recommended the most signifi- trouble, along with some accounting asphalt types of pork; a lot of it was cant regulatory overhaul in the hous- rules that were so rigid and strict that just giveaways to various States that ing finance industry since the savings they couldn’t deal with the situation had mismanaged their budget. So and loan crisis a decade ago.’’ that occurred. Following that, of that’s what happened. So we could course, President Obama is elected and have learned. And the Republicans did b 1830 the economy is going down. And so he know that the stimulus bill didn’t What the President wanted was more proposes a series of solutions and work, we didn’t vote for it. And what authority to regulate Freddie and things that hopefully are going to was the result of it? Well, we should Fannie because he saw that Freddie make things better. Part of his solu- have learned at least from Henry Mor- and Fannie were out of control. But tion, of course, was a whole lot of taxes genthau because here’s the results. that’s not such an easy thing to do to and a whole lot of spending. This is when the stimulus bill was put

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.126 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4746 CONGRESSIONAL RECORD — HOUSE June 23, 2010 in. It was projected that we’re going to trying to do is not only represent the Katrina because it took him about 2 or have unemployment going down. If you people of my district and my State, but 3 days after he had been rebuffed by the pass the stimulus bill, it’s going to go also to make sure that the President is Governor and the Mayor of New Orle- down here; if you don’t pass it, it may meeting his responsibility under the ans, it took him a couple of days before get up to 8 or 9. In fact, we passed the law. And of course under the law in they sort of got going. And then of stimulus bill, it gets to 9.7. this case, with the Oil Pollution Act, course our FEMA didn’t respond very If you take a look at the other the President himself is responsible for well; the Federal response was a bit graphs—I don’t know that I have that directing the recovery, and the respon- weak in terms of the magnitude of the graph here today—what you find is sible party, BP, is responsible for pay- disaster. And yet, by comparison, what that the employment in the private ing. we’re dealing with here in the gulf is it sector has been going steadily down BP ought to be paying. The problem took 50 days for the President to call and the government employment has is the President is allowing BP to still the head of BP. Now, he had the power, been going steadily up. So, so much for run the show on the ground in too if I’m not mistaken, is it right, he had the first step of economic policies in many different areas, which is not his the power to basically declare that a the administration. That was followed, job. And now something that has really national emergency, get together a of course, by all of these different nifty added insult to injury is that the Presi- team of people, a fusion cell, get the big tax increases. Now, that says some- dent came out a few weeks ago with very top resources in America. They thing’s wrong when you have a reces- this ban, this moratorium on offshore could have pulled that together, they sion and you’re doing tax increases. drilling across the board, not focusing could have processed the different I’m joined in the Chamber tonight by on finding out what went wrong on questions, sorted through the con- a fellow that is very aware of how that rig, why the Horizon exploded— flicting claims and started to put this these things interact, has done a fan- and we still continue to battle this oil thing together, put together a series of, tastic job for his district, and I’d like today. In many cases our local leaders We’re going to do this, this and this. If to invite him to join me in our discus- tell me, including just yesterday, our this doesn’t work, this backup plan is sion tonight, Congressman SCALISE, local leaders are spending more time already getting set up. please. fighting the Federal Government than We could have managed the process. Mr. SCALISE. I’d like to thank my fighting the oil, which is inexcusable, Instead, after 50 days he calls the head friend from Missouri for leading to- and it’s still going on to this day. of BP and just wants to ream the guy night’s discussion about the economic Mr. AKIN. Could you hold that right out. Well, BP did a terrible job, but problems that we’re facing today in our there for a minute because I think after the crisis started it was the ad- country. And of course, as you showed you’re on something that I think we ministration’s problem to deal with, those comments from Henry Morgen- ought to be exploring a little bit here and I didn’t see it fixing the problem. thau, who was the Treasury Secretary tonight, but we do have an item of Am I mistaken in that? I mean, that’s under FDR, who in fact not only point- business. just an outsider looking in. I’m up in ed out the problems of the massive I yield to the gentleman from New Missouri, we don’t have too much spending back then, but really was York (Mr. ARCURI). coastline up there. kind of prescient because some of the f Mr. SCALISE. Well, obviously you’ve things he talked about back then are been studying this. I know you, and I REPORT ON RESOLUTION PRO- still as relevant, if not more, today be- have spoken about the problems on the VIDING FOR CONSIDERATION OF cause he predicted the problems, he ground, and I appreciate your concern H.R. 5175, DEMOCRACY IS discussed the problems of government and the interest you have in trying to STRENGTHENED BY CASTING spending and spending and borrowing help us. I wish that the President had LIGHT ON SPENDING IN ELEC- and borrowing with no results, and in that much interest in helping us in the TIONS ACT fact with detrimental results because day-to-day problems we’re facing. Just of the damage it’s done. And of course Mr. ARCURI, from the Committee on the other day I was talking to one of here we are today seeing the results of Rules, submitted a privileged report the local fire chiefs who was there on that same failed policy of history, un- (Rept. No. 111–511) on the resolution (H. the ground after Katrina, who is there fortunately, repeating itself. Res. 1468) providing for consideration on the ground right now battling the Mr. AKIN. We just didn’t learn. of the bill (H.R. 5175) to amend the Fed- oil, and he said that the level of gov- Mr. SCALISE. And of course those eral Election Campaign Act of 1971 to ernment dysfunction is higher today— who are running things right now—the prohibit foreign influence in Federal more dysfunction today—than it was liberals who are not only in the White elections, to prohibit government con- during Katrina. A case in point just House, but here in Congress—have not tractors from making expenditures happened yesterday when this sand learned the lesson of history. And there with respect to such elections, and to barrier plan that our Governor and our is that saying that if you don’t learn establish additional disclosure require- entire congressional delegation fought from history, then you’re doomed to ments with respect to spending in such for over 3 weeks to get the President to repeat it. Unfortunately, we’ve been elections, and for other purposes, finally approve. In fact, last week, trying to prevent history from repeat- which was referred to the House Cal- when the President gave his address to ing itself, and yet we’re seeing that endar and ordered to be printed. the Nation from the Oval Office, he ac- happen right now. f tually bragged about the fact that he I represent southeast Louisiana, and approved this sand barrier plan. Well, of course we are battling this dev- THE ECONOMY AND OTHER CURRENT ISSUES yesterday the Federal Government astating oil disaster—— shut it down. Mr. AKIN. Maybe I should just inter- Mr. AKIN. Mr. Speaker, I think we Mr. AKIN. Wait. The President ap- rupt for a moment and recognize, gen- were just talking a little bit about the proved the sand barrier plan that we’ve tleman, you have really studied up on situation in the gulf that’s gotten been waiting a month to get approved, the whole oil spill situation and shown everybody’s attention. and now it’s been shut down by the tremendous leadership there. I’m very My background is engineering, gen- Federal Government? thankful for the fact that you have tleman, and my first reaction when stepped into what appears to many there’s a problem is, how do you fix it? b 1845 Americans and many conservative Con- That’s the first thing I’m saying. What Mr. SCALISE. It was shut down yes- gressmen as a leadership vacuum. You has puzzled me and actually made me terday by the Federal Government. have really stepped in, and I’m very pretty frustrated is it seems that the Spoke to our Governor’s office about thankful for you doing that. I would administration is more interested in it. They basically said it was a Federal encourage you to make the connec- affixing blame than they are in fixing agency that shut them down. I talked tions here. the problem. to the Federal agency today, and they Mr. SCALISE. I thank the gentleman I recall that President Bush took a said they didn’t shut them down. We for his kind comments. All I’ve been whale of a beating after Hurricane went round and round, and of course

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.127 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4747 they were shut down by the Federal later. Yet it takes the government a Mr. AKIN. The question that raises agency. Again, this is a classic problem month to try to make a decision. The my blood pressure is it seems to me we have had every day. oil is already into all of these delicate like President Bush was almost ac- Mr. AKIN. The Federal agency said ecosystems while the Federal Govern- cused for bringing on Hurricane they didn’t shut them down. Yet, in ment is dithering around, trying to Katrina. Yet we’ve got one of the big- fact, they weren’t telling the truth. make a decision. gest leadership vacuums in terms of They did shut them down. If I were the Governor of that State, this oil spill every time you hear about Mr. SCALISE. Yes. I don’t know I’d be jumping up and down mad. It’s something. There was also that mora- whether the people in D.C. didn’t know just a vacuum of leadership is what torium about we’re not going to drill what their Federal agents on the we’ve seen. Now you’re saying the any more wells at all. The equivalent ground in south Louisiana knew what President said they could build them, would be, if an airplane falls down, they were doing, but it’s happening and then they can’t build them. There we’re going to cancel every air flight in every single day. It seems like we have is no one in charge, it seems like. America. You know, there were some problems like this every day, so you Mr. SCALISE. You know, the gen- reasons there was this disaster. From tleman is correct about not only the can’t just say it’s miscommunication. what we’re hearing, there were enough Governor but about the people, who all Clearly, it’s a lack of leadership. The coverups and different things, so we throughout the gulf coast are jumping President, under the law, is responsible don’t really know exactly what hap- up mad because they’re seeing this for that leadership, and clearly, he is pened. Though, apparently, the equip- not doing his job, and he is not en- kind of dysfunction, this lack of lead- ership from the President, every day in ment, at least if it’s functioning prop- gaged. erly and has been properly checked Mr. AKIN. It is a vacuum of leader- different ways, and there is no reason for it. The President is giving speeches, out, should work. So there was some ship, isn’t it? human error involved, clearly, and pos- Mr. SCALISE. It is very sad that it is talking about how he is in charge, but any time anything goes wrong, you sibly some equipment that was not a vacuum of leadership, because the properly inspected. There are some law is clear that, under the Oil Pollu- can’t find anybody who is in charge. Nobody takes responsibility. Nobody problems, but that doesn’t mean you tion Act, when there is a spill, the shut every oil rig in the gulf down President is responsible for directing wants to be held accountable. Yet no- body wants to actually help us solve while you’re trying to figure out who the recovery, and the responsible did something wrong. party, in this case BP, is responsible the problem. You were talking about food. Just Wasn’t it over 100,000 jobs that were for writing the check. Monday, I was in New Orleans. I ate at just going to, all of a sudden, dis- Now, for whatever reason, the Presi- one of the great restaurants, Drago’s, appear? dent is allowing BP to still make deci- and I was eating my shrimp po-boy. Mr. SCALISE. That’s exactly correct. sions on the ground even though they The seafood is still great to eat. Unfor- In fact, when the President came out have proven they are incompetent. Yet tunately, a lot of the seafood beds are with this ban—and he calls it a tem- he is not doing his job. The President is closed right now. There are still sea- porary pause—if they do what the not doing his job under the law. Now, if food beds open, and when you can find President said he wanted to do, which he doesn’t like that law, he should try good seafood, it’s still good to eat, and is for 6 months to allow no drilling in to repeal it, but in the meantime, he the shrimp po-boy I ate was wonderful. the gulf, ultimately, those rigs, each of ought to follow the law. The problem, though, is with some of them, will lose about $1 million a day. Mr. AKIN. The thing that struck me those seafood beds we’ve been trying to They’re being lured by other countries, about it was—because I heard about protect. Just weeks ago, some of those countries that want these valuable as- this sand barrier thing. I mean there seafood beds had no oil. Today, oil is sets and the skilled workers that go are a lot of different ways you could starting to come in. with them. Now some of them are try to mitigate the oil that is in the That’s what this whole barrier plan is starting to go to places like Brazil and water. There are dispersants. You can about—protecting our marshes, our es- West Africa. So, over the next couple of put hay in the water. There are a lot of tuaries, and the pelican nesting areas. weeks, you will see a chipping away of things. One thing you could do is you In some of the other areas that haven’t not only the ability to generate nat- could dredge up a little sandbar, which been affected by oil, we are trying to ural resources in America, which pro- is very flexible. I mean you could pump keep the oil out, and so we’ve come up vides billions—$6 billion by last esti- it away a week later if you wanted to. with a plan. Unfortunately, the Federal mates—of Federal revenues that will That sandbar could protect these very Government didn’t have a plan. So you go away but of also the jobs. In Lou- delicate ecosystems along the edge of would think that they would be work- isiana alone, it will be over 40,000 jobs the water. They could trap the oil. ing with us to help us implement our that we will lose. You know, some years ago, there was plan. In fact, they’ve been fighting us. Mr. AKIN. Is that 40,000 jobs just in a place that had some good food in Mis- It took us over 3 weeks to get the the oil industry alone? souri. It was one of those truck stop- President to finally approve the Gov- Mr. SCALISE. Just directly related type places, and it had a picture that ernor’s plan, but he only approved 25 to those rigs. Of course, you’ve got was kind of a cute one. It had a beau- percent of it. He spoke last week in his service industries, and you’ve got res- tiful John Deere green wagon, and it national address as if he’d approved the taurants. You’ve got all of the sec- had these two little kids dressed up in whole plan. There is still 75 percent of ondary spending that goes along that the high-bibbed, blue-and-white-striped that sand barrier plan that has not you can’t even calculate because it’s so overalls. One of them had a handle on been approved, so there are still a big. These are high-paying jobs. These the wagon and was pulling on it. The whole lot of seafood beds and marshes are skilled jobs that will leave our other one was pushing. Apparently, the that haven’t been protected. country, and some of them are already wagon had sort of gotten stuck in a Here we had at least 25 percent that starting to. bump, so he is looking back over his we were working with to build up these Ultimately, if you go back, the Presi- shoulder, and the caption reads, ‘‘Are barriers. Then yesterday the Federal dent is trying to say this is a fight be- you pulling or pushing back there?’’ Government comes and shuts it down. tween safety and jobs. Unfortunately, I’ve got to think of poor Governor Again, this is something we fought for he probably—or maybe he hasn’t even Jindal. You’re trying to get permission for over 3 weeks, and the Federal Gov- read the recommendations of his own to build a sand barrier to try to protect ernment finally permitted. They were scientists who came up with a report. your environment, which is what the so successful, supposedly, that the Right after the explosion on the rig, Federal Government is supposed to be President bragged about it on national they asked to have a panel of scientific demanding that we do. We have all of TV. Then yesterday they just shut it experts, who were assembled by the these expensive bills to supposedly pro- down quietly, but we’re not going to President and by the Secretary of the tect our environment. He says let us let this go by quietly because this is Interior, put together a report. They build a simple sandbar to catch the oil something that is their job, and they’re asked for a 30-day report. Sure enough, on it, and then we can take it away not doing it. this panel of scientists came back with

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.129 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4748 CONGRESSIONAL RECORD — HOUSE June 23, 2010 a 30-day report of specific recommenda- take off a little bit and talk about the same kind of temperament. We’ve been tions to increase safety, to make sure gulf situation. kind of complaining about the fact of a you go and you inspect every rig. For We’ve got this proposal now. The vacuum of leadership in the adminis- the ones that are working, fine, like President wants to use the fact that a tration, and it’s a vacuum that’s evi- every other one is, and you allow them company mismanaged its oil well and dent in the gulf oil spill. It’s evident in to do what they’re doing. If there are that he and his administration have Afghanistan, and it’s evident in a lot of any problems you find, you address made a complete mess of the manage- policies. Let’s stop for a minute. I those problems, but you don’t shut ment of that crisis to say now what we don’t want to be negative. Okay. Let’s down an entire industry because one need to do is to have the Federal Gov- say that we are President and that we company didn’t follow the rules. ernment do this cap-and-tax bill, which have this oil spill. What would be an In fact, the Federal regulator, under is more taxes, more red tape and gov- appropriate response? President Obama, didn’t enforce the ernment regulation. When the last gov- My thinking is I know the military laws that were on the books. The rec- ernment agencies didn’t even do their has these things they call ‘‘fusion ommendation came back and said to jobs, now he wants us to buy more of cells.’’ They’re teams of people who get look at these safety guidelines we’re this, not to mention the fact that together. It’s a clearinghouse for all giving you, but don’t shut the industry we’ve already passed this huge tax in- kinds of information. You get the top down. Well, the President conveniently crease for health care. Now we’re sup- resources all over America of what you discarded, threw away, the rec- posed to trust the Federal Government need in different areas. You put a plan ommendations of the scientific panel, to take care of our own bodies. We took together and say, This is our first at- and he recommended the moratorium. a look at what it’s doing down there in tempt to stop this well up. If this They actually pointed out, No, we the gulf. I sure don’t want the Federal doesn’t work, we’re going to do this. didn’t. You’re misstating what we said. Government tampering with my body. That means we’ve got to have this, They apologized for that, but they still I’ll end up with two left arms, which this, and this piece of equipment ready went forward with this moratorium. would be a pretty terrible fate for a to go. It means we’ve got to clear this, Then, just yesterday, a Federal judge conservative like me. this, and this with this agency. in New Orleans said, You cannot have Mr. SCALISE. You know, if you look b 1900 this moratorium because it’s not based at what the President said in his on fact; it’s not based on science, and it speech last week, I and many others We’ve got Governor this; Governor doesn’t help safety. In fact, it could de- were angered by the fact that he spent this; Governor this asking for permis- crease safety. Yet they still continue almost as much time trying to exploit sion. We’ve got to consider that, take a to ignore the fact that they are throw- this crisis to promote his cap-and-trade look at the law, move fast if we have to ing away science and are trumping it energy tax as he did in talking about change the law or change some policy, with politics. They are playing politics the oil spill and how we can battle the and we need to get back to them within with this decision, and they are still oil and keep it out of our marsh. In 12 hours. And you’ve got a whole team going to try to ignore now a ruling of fact, if he just were doing his job and that is on top of it, managing this a Federal judge and of their own sci- were focusing on what his responsi- thing. That’s my sense of where we entific experts to run 40-plus thousand bility is under the law, then he actu- would be going. You have to be able to ally would be focusing exclusively on jobs in Louisiana and over 150,000 good, look at all of the data, get the right helping us battle the oil instead of, not high-paying jobs in this country to for- people in the loop, and make decisions. only blocking our attempts on the eign countries and are going to make We’re not seeing any of that. ground, but of then diverting it and us more dependent on Middle Eastern Mr. SCALISE. No. Another thing trying to exploit it to talk about this oil. that needs to happen is you need to cap-and-trade energy tax. Mr. AKIN. Just from what we’ve have a real clear command structure Then you go into so many of the talked about in 10 minutes tonight in on the ground where decisions are other things that are happening on the made quickly and decisively; and if terms of this leadership vacuum, we ground that are causing so much frus- things go wrong, there are people you are seeing a threat to 40,000 jobs. Just tration for our local leaders, who can hold accountable to go fix them. in your State alone, it’s 40,000. We’re should all be not only working with the Not to sit around and point fingers, but not talking about the barbers and the government to battle the oil, but they to get things done. The problem that restauranteurs and all of the other peo- should be empowered. They should be we continue to have—and we’re over 2 ple who are supported by it. It’s just given ideas from Federal agencies. 40,000 hard jobs which are being thrown Look, I’m for smaller government. months into this now and there was no down the drain when a panel of people Right now, we’ve got the largest gov- excuse for these kinds of delays 3 or 4 who really have studied and know the ernment in the history of our country, days after the rig exploded, but espe- industry are simply saying, Look, go but whether you’re for bigger govern- cially 2 months later, when everybody out to the different oil rigs. Make sure ment or for smaller government, I knows how important this is, how that they’re inspected and up to spec think we should all be able to expect much national significance it has not because, by the way, MMS, the Federal competent government. Clearly, we are only for the 11 lives lost, for the envi- agency supposedly doing this, has not not getting that now. ronmental damage, but now for the done that. Make sure that they’re up to Mr. AKIN. Well, you know, the thing economic and energy security issues spec, and then let them go ahead be- that strikes me—and maybe it’s be- that are being raised, you would think cause there is nothing wrong. cause I’m an engineer and I see it this that this would be the number one pri- We have drilled thousands of wells in way. For most Americans I know, if ority of this President and he would be water, and they have worked fine. Just you’ve got this big hole in the middle focusing all of his resources. because one goes bad, you don’t shut of the gulf and if it’s pouring out all of And when local leaders have ideas the whole industry down. So we are this oil all over the place, the reaction like our local leaders have had ideas, threatening 40,000 jobs. Also, in spite of of most people is, Well, let’s fix it. You the Federal Government is right there what the panel recommended the Presi- know? Let’s get the job done. Whether working with them saying, How do we dent do, we are continuing to endanger you believe in big government or in lit- get this done today instead of 3 weeks the environment, and they are always tle government, what you want to do going by, fighting with the Federal screaming they care so much about the as Americans is to have this ‘‘can do’’ Government to get approval for things environment. Though, they are the attitude. Well, we made a problem. that should have been approved on day very ones preventing you from trying Now we’ve got to get in and fix it. one, if this was the top focus. And then to protect the environment. We’ve got to figure out what we did where the Federal Government is even The thing that strikes me is: Why do wrong. We’ve got to make sure we coming up with ideas. we put so much trust in the com- don’t make those mistakes again, and I watched the movie ‘‘Apollo 13,’’ and petence of the Federal Government? we’re going to move forward. it’s an inspiring movie. It’s one of That’s what is striking me. That’s part I don’t like being negative. I like fix- those movies you watch if you really of the reason I thought it was good to ing problems, and I know you’re the want to get your juices boiling. And

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.130 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4749 you can see what American ingenuity taxes on the money of all the people there. And Congressman BROUN’s got is all about. This was a case where the who are being harmed economically by an idea to help on the income tax side American spirit was alive and well and this disastrous oil spill. They won’t of it. Congressman SCALISE has got a those NASA folks sat in that room and have to pay taxes on the money they plan as to what to do with some sand said, We’re not leaving until we get our get, which is absolutely fair. berms to stop this oil from coming into men back home safely. ‘‘No’’ was not We saw that happen. The Internal the harbor. And you put the team to- going to be an answer and no excuse Revenue Service was going to tax the gether to make decisions and deal with was going to be accepted. You don’t recipients money that they received in this. And so instead of fixing blame, have that same can-do spirit today by Hurricane Katrina, as you know, in you fix the problem. And all we’ve the Federal bureaucrats, who continue your own home city there in New Orle- heard is the government getting in the to block our attempts to protect our ans. And Congress had to act to say to way. marsh, to keep the oil out of those sea- the Internal Revenue Service, Don’t My understanding is private compa- food beds, to protect those pelicans and tax that money. But I wrote the Inter- nies have more oil booms out there to the other wildlife that are threatened nal Revenue Service and said, Please collect oil than the Federal Govern- every day, when we have ideas to pro- give a special exemption to all those ment did. And there are types of tect them. businesses and individuals that have booms—I heard they’re called fire Again, if they’ve got a better idea, been harmed. And it’s absolutely crit- booms—where they’re a material that’s wonderful. We’d love to hear. Unfortu- ical because these people have been out more or less fireproof. It corrals the nately, not only did they not have any of work, many of them for 2 months oil. Light the oil on fire and they can ideas to help us, but they’re spending now. They’re struggling just to make burn the stuff up before it drifts onto their time blocking our attempts to ends meet. And it’s absolutely critical. the shore and causes a lot of trouble. save our marsh. And there’s no excuse And I hope that the Internal Revenue And the thing that drives me crazy is for that. Service and this administration will here is this example of the government Mr. AKIN. It’s got to be terribly, ter- immediately give a special exemption just totally failing and the gall of the ribly frustrating. As I took a look at it, to all those people who are harmed— administration to turn around and say my daughter actually was taking a bi- those businesses and those individuals we’ve got to pass a great big tax in- ology class and she did a paper on the that are harmed. And I hope that the crease and we’re going to give the Fed- whole oil spill and some of the dif- American people will just have a tre- eral Government power to tell you ferent technologies for mitigating all mendous outcry and have a heart for you’ve got to put a 220-volt plug in this really raunchy oil that’s floating those that are harmed and say to this your garage for your electric car and around. One of the things is there’s a Federal Government, to the Internal you can’t build a wing on your house company that has in barrels a powder- Revenue Service, Don’t tax these folks. without making sure the carbon foot- like yeast—these little critters that And I’ve made an appeal to the Inter- print is right and we’re going to tax will eat that oil. When the critters eat nal Revenue Service and hope you all anybody every time you flip a light the oil, when they get done eating it, if will join me in trying to get the Inter- switch and we’re going to try and pass there’s no more oil, they just die be- nal Revenue Service to not tax these this piece-of-trash bill, and the excuse cause there’s no more food and other people who are already damaged and for this is the fact that we haven’t creatures can eat them, and the whole already hurt, and it’s only fair to those dealt with the problem in the ocean. I thing just cleans up the mess bio- people. don’t understand how people can have logically, naturally. I just wanted to tell my good friend such great, great faith in the Federal Now, I don’t know whether that’s a from Louisiana that we’re fighting for Government. It just blows my mind. great solution or not, but it sure seems folks—not only those in Louisiana, but And, of course, you know, gentleman, to make a lot of sense. And then you’ve those in Alabama, Mississippi, and the health care bill. Every day that got other people in the Midwest areas, Florida, and all over the gulf coast. It comes out, we find more and more we’ve got plenty of straw and hay. And may even affect people on the east problems, all things that we were say- there’s even these YouTubes and people coast. It may even affect my own home ing were going to happen. And it shows are saying, Here’s one way to fix it. State of Georgia. So we’re fighting for that the real objective here isn’t health Put a bunch of straw and stuff in this those folks, and hopefully the adminis- care at all. That’s the ironic thing. water. All of this very sticky oil clings tration will come forward to say, Don’t This Obama benchmark progress re- to the straw, you bring it in, pile it up, tax these benefits because they’re not port. Here’s the thing about jobs. Is it and burn it in an incinerator or what- benefits. They’re actually moneys to going to help with jobs? No. It fails ever. But Americans have ideas how to just try to help them get their lives this measurement. Costs. Today, I do this, and our government is stand- back on track. want to lay out the details of a plan ing around saying, You can’t do it. No, Mr. AKIN. That all goes to the same that not only guarantees coverage for we don’t like that idea either. In the thing we’re just talking about. I don’t every American but also brings down meantime, the oil is piling up on the really naturally like to be dumping on health care costs. Is it going to bring shores, and we’re just asking for some people for mismanaging something, but down health care costs? No. The whole legitimate government. this is so outrageous. I mean, the only thing is a scam because all it does is My friend, Congressman BROUN from thing that could top the outrageous- businesses will dump their employees Georgia, is here, a medical doctor and ness of BP is the outrageousness of the in the Federal Government. also a guy with some strong ideas and administration to be sitting here 2 And so why do we have so much trust a lot of common sense. It’s a pleasure months after this situation without a the Federal Government should be en- to have you. clear-cut plan. I would think the Presi- trusted with health care? You’re a doc- Mr. BROUN of Georgia. Thank you, dent would have some boards like this tor. Would you want to trust your body Mr. AKIN. I appreciate you yielding me and say, Look, the first thing we’ve got to the Federal Government when we’ve some time. As you were talking about to do—and this is just like somebody seen this record? putting straw or hay on the oil, we can has been hit in an automobile accident. Mr. BROUN of Georgia. Mr. AKIN, make electricity out of that. Just They’re bleeding. You’re a doctor, Dr. you’re exactly right. The American think about that. What better source BROUN. And you stop the bleeding, is people get it, though. The administra- of electricity than doing that? one of the first things you do. tion doesn’t. That’s the problem. In Before Mr. SCALISE leaves, I want to I would say, Well, we’ve got to stop fact, whether it’s the oil spill and the just tell him just for his edification—I that oil coming out of the floor of the disaster that’s going on there and their think he knows what I’m fixing to tell ocean, and here’s the plan to do it and disastrous response to that or forcing the American people and Madam we’ll do this, this, this, and this, in this ObamaCare through against the will of Speaker—is that we recently—in fact, order. And it’s going to require these the American people, all this adminis- just in the last day—sent a letter to resources and we’re putting the team tration is showing the American people the Internal Revenue Service to ask together and the plan to do that. Now is its arrogance, its ignorance, and its them to give a special exemption for we’ve got this situation with jobs down incompetence. That’s exactly what the

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.132 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4750 CONGRESSIONAL RECORD — HOUSE June 23, 2010 American people have seen. In fact, So, since 1974, Republicans and And you raised the question, Is the just on the oil spill, just the other day Democrats have met in this Chamber objective to precipitate such a crisis I was talking to a fireman in my dis- and every year they put a budget to- that they consolidate power in the Fed- trict and he asked me about this oil gether. Some of them were a lot better eral Government? At least it seems disaster and the poor response that than others. Some were tighter. Some like to me the American people are this administration has shown. This tried to balance the budget. But they going to go, Oh, my goodness. You’re working guy, just a guy trying to make have always had a budget. Didn’t al- going to need to create an awful good a living and take care of his family and ways get passed. Didn’t get taken care crisis for us to ever trust the Federal struggling to make ends meet, asked of. But they always had a budget. Until Government with the kind of quality of me if this administration was pur- when? Until this year. And why? Why leadership that we’ve been seeing. posely not responding to this oil spill is it Democrat leadership says it’s ab- Mr. BROUN of Georgia. Mr. AKIN, if just so that they could force through solutely essential to have a budget, and you would yield. their cap-and-trade. I call it tax-and- they don’t have one this year? Why do Mr. AKIN. I do yield. trade. Because President Obama him- you think that is? Mr. BROUN of Georgia. Saul Alinsky self said this was about revenue. He Mr. BROUN of Georgia. Before you in his book ‘‘Rules for Radicals’’—and I had to have that revenue from this en- take that down, if the gentleman would am reading the book to try to garner ergy tax to pay for his health care plan yield. some information about the battle plan for ObamaCare. And that’s what we see Mr. AKIN. I do yield. of the progressives. There’s another over and over again. Mr. BROUN of Georgia. The folks word for progressives in my opinion; And the American people get it. They watching on C–SPAN tonight, Mr. it’s socialists, Marxists. You can use understand that this administration is AKIN, may wonder if Congressional Re- other terms. bungling the oil spill, the ObamaCare, search Service is some far-out right- Mr. AKIN. Well, Saul Alinsky was a and you’re talking about a budget. wing group that might be trying to Communist, wasn’t he? We’re asking, Where’s the budget? hammer the Democrats and trying to Mr. BROUN of Georgia. He was. Back in the ObamaCare debate, the castigate them in a negative light. But Mr. AKIN. And that’s a historic fact leadership here in the House said that that’s not so, is it? that he was a Communist. And Obama they were going to deem and pass. Mr. AKIN. The Congressional Re- studied under him, right? Deem and pass. That sounds like a bad search Service is a bunch of profes- Mr. BROUN of Georgia. That’s what I place in a spaghetti western where the sionals that are paid by the U.S. Con- understand. In fact, he dedicated the bad guys are setting up to ambush the gress and they try to be as objective as book ‘‘Rules for Radicals’’ to the first good guys. And that’s exactly what was they can. They’re not always right. But great radical, Lucifer. happening. they at least have very good access to Mr. AKIN. The first great radical, Now, on the budget, Leader HOYER is historical records and the history of Lucifer, Satan. saying that we’re not going to have a the Congress. This statement that the Mr. BROUN of Georgia. It is right budget and that they’re going to deem House has never failed to pass an an- there in the book. That is the first the budget. So we’re having another nual budget resolution, that’s a his- thing I looked at. deem and pass by the leadership in the toric fact. Mr. AKIN. Did he have all of his bolts House to not even set forth a budget. So what we’re seeing here is we’re in together? What was his problem? And why? Because Democrats don’t uncharted ground, at least since 1974, Mr. BROUN of Georgia. Well, Lucifer want to—a lot of the Democrats, par- that there is no budget. Well, why is rebelled against our creator, God, and ticularly Blue Dogs, don’t want to vote there not a budget? You made ref- was thrown out of heaven. And we’re and those vulnerable Democrats don’t erence to it. And here’s the nasty little trying to fight all of those spiritual want to vote for the massive debt picture. We were told that George Bush wars today because of that. But the that’s being created and incurred—or spent too much money. President thing is, what the progressives or radi- already incurred, actually. Tremendous Bush. cals or socialists—whatever you want debt that’s already incurred by this ad- to call them—are trying to do or the b 1915 ministration and by this leadership in proposal from people like Saul Alinsky the House and the Senate. They don’t Mr. BROUN of Georgia. And he did. and others is that you just totally de- want to have to vote on that again be- Mr. AKIN. And he did spend too much stroy your enemy, and then you build cause they’re scared what the Amer- money. In fact, you and I, gentleman, up a socialistic society out of it. ican people are going to do in Novem- voted ‘‘no’’ on some of the things he I’ve had person after person in my ber. wanted to spend money on. His worst district, just working folks—not politi- Mr. AKIN. The funny thing is, the budget, though, was when Speaker cians, just working folks, say to me, very words they spoke kind of come PELOSI was in charge of this Congress PAUL, why is President Obama trying back to condemn them. They’re kind of in 2008, right here. That was his worst to destroy the free enterprise system? condemning themselves because here’s deficit, $459 billion in deficit that year. Because that’s exactly what he’s doing. the Democratic whip, Congressman Not proud of that, $459 billion. The peo- I hear that over and over again from HOYER, he’s saying, Budget is the most ple said that Bush spent too much lower middle class working people all basic responsibility of governing. money. And here we come to the very the way up to small businessmen and That’s 2006. The most basic responsi- first year of President Obama, and it’s -women who are just saying, Why are bility of governing is what? The budg- $1.4 trillion. That’s three times the we trying to destroy the free enterprise et. worst Bush deficit. And so if you had system? Why are we creating all this Mr. BROUN of Georgia. Passing a that followed by an even bigger deficit debt? And the people in my district in budget. this year, you had unemployment at 9 Georgia are just seriously questioning Mr. AKIN. And here’s the guy in percent, if you were one of the Demo- all this huge debt. What this chart charge of the budget, Congressman crats, would you want to pass a budget shows is the deficits for each year. SPRATT, If you can’t budget, you can’t right now? I think they’re running for That doesn’t reflect the debt that’s ac- govern. So this is what they’re saying cover. cumulated. The debt would be an expo- in 2006. And now we take a look at You know, we have an expression in nential curve if we showed that. what’s coming forward and we say, Missouri, it’s called ‘‘hunkered Mr. AKIN. Yes. Now an average guy Where’s the budget? Here’s the Hill: down’’—‘‘hunkered down like a toad in on the street—let’s just say they’re Skipping a budget resolution this year a hail storm.’’ It seems like to me, if I reading some newspaper headlines over would be unprecedented. The House has had anything to do with that level of the last 18 months. Now what’s the im- never failed to pass an annual budget deficit spending, I would be hunkered pression they get? First of all, there’s resolution since the current budget down. In fact, I think I would have re- this huge bailout, a Wall Street bail- rules were put into place in 1974, ac- signed and gone to try to do something out. So you get these firms on Wall cording to a Congressional Research else with my time because this is to- Street that are getting billions of dol- Service report. tally destructive to our country. lars of taxpayers’ money. That, of

VerDate Mar 15 2010 05:27 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.133 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4751 course, makes people get really happy off them so that they can compete in great deal of difficulty. She wrote a and excited about that. So we’re bail- an open marketplace. book called ‘‘Uncle Sam’s Plantation’’ ing out Wall Street first of all. Now I believe very firmly that the free where she described all that. And she’s there are people that are making a case marketplace, unencumbered by govern- been a great voice against this govern- that the economy was in very bad ment regulation and taxes, is the best ment largesse—socialism, if you will, shape and that we had to drop $700 bil- way to control quality, quantity, and because she knows how it destroys lion. We didn’t vote for that. But there costs of all goods and services, whether families, it destroys communities, it are people that make the case that, it’s banking services or health care, in destroys everything. And we are head- Well, there were these things that were my business as a medical doctor, or ed in a direction in this country where failing. selling tires and gasoline and auto- freedom is being taken away from the So we drop all this money into Wall mobile parts and appliances, like my American people. Street. We bail out banks. We bail out dad did, or any other good or service. The American people need to stand insurance companies. And then the The best way to control it is through up and say ‘‘no’’ to the steamroller of bailout fever really gets started, which an open marketplace unencumbered by socialism and say ‘‘yes’’ to freedom. we predicted would happen if the Fed- taxes and regulations. And the more Let’s stop all this government spend- eral Government basically opens the taxes and regulations we put on busi- ing. Let’s stop all this bigger govern- kitty to any group that wants to bail ness and industry, the higher the price ment and government takeover, and out anything, and we start buying out goes, the quality goes down, and we let’s put us back on the course of the Government Motors—I think it used to have less of those things for the people Constitution with limited government. be called General Motors before—and who are consuming. And we’re going to And that’s what the Tea Party move- Chrysler. So we’re doing that. And then see that in health care. ment is all about. I yield back. we decide, Hey, it would be a great idea Mr. AKIN. Well, I appreciate, gen- Mr. AKIN. I really appreciate you if we bailed out college kids who want tleman, your perspective on all of these mentioning Star Parker. She is really to get loans. The government’s going things, and I appreciate you sharing a fun person. She has a great person- to take that over. And now the govern- what a lot of your constituents are ality, is a lot of fun. She’s cute, and ment is in the process of collecting telling you because it very much re- she is very articulate. And she has an other things that it can own. Of course flects what I am hearing when I go amazing story about how the govern- notably, 17 percent of the free side of home. And the question mark is, Real- ment tried to trap her into all of this the economy which used to be where ly, what is the game plan of this ad- welfare stuff and all of the behaviors you worked, Doctor, in health care. So ministration? It seems that one thing that would destroy her life. She came now the government’s taking over 17 you can say, whether it is the Katrina out of it through the power of Jesus percent of the U.S. economy in the oil spill, whether it is the attempt to Christ, started her own business. Now health care area. They’re nibbling and try to do the cap-and-tax or cap-and- the government gives her trouble. just salivating about taking over the trade or whatever you want to call it— While she is trying to run a business, energy business. a government takeover of energy is doing the right thing, the government So if you’re an average guy on the what I would call it—and whether you is taking shots at her. And she says, street, and you start connecting the want to talk about socialized medicine, Whose side are you on, government? dots—which many people may not. But whether you want to talk about a You know, when I was doing the wrong when you start to think about it, the whole series of different things, it stuff, you were encouraging me. When I government’s taking over everything. seems like the pattern is that every am doing the right things, you are giv- So it’s not an odd thing for somebody single thing the administration does is ing me a hard time. What’s the story just taking a look at the headlines and to try to create an entitlement class, a here? looking back at the last 18 months to victim class, a group of people that are As I said, I started with a picture of say, Holy smokes, what’s going on totally dependent on the government. that little green wagon and those two here? And perhaps the worst of all of those kids. One of them pulling, the other Mr. BROUN of Georgia. In fact, it’s things, as you know, Doctor, is the so- one pushing. The guy looking over his my understanding that we’ve national- cialized medicine, because if your body shoulder said, Are you pushing or pull- ized more of our private economy in is physically dependent on the govern- ing back there? You know, it just our country just since the Obama ad- ment to give you your health care, it seems like, is the government trying to ministration took over from the Bush makes you truly one of these depend- help us or is it trying to destroy us? administration—we’ve nationalized ent classes. And it seems like the gov- And it seems like every decision we more of our private economy under ernment is trying to turn all of us into have seen is more dependency on Big this administration than Hugo Chavez a bunch of people totally dependent to Government. has in Venezuela, in the whole time the the government—in fact, slaves to the Thank you, Doctor. It’s a pleasure to Communist dictator Hugo Chavez has government. It reminds me as we start join you, and God bless America. in his country down there in Ven- approaching the Fourth of July how it f ezuela. was that the people in this country Mr. AKIN. I know America likes to said, We really don’t want the govern- CONFERENCE REPORT ON H.R. 2194, win, but I don’t know that we want to ment to be our master. We don’t really COMPREHENSIVE IRAN SANC- do better than Hugo Chavez. That’s not believe the philosophy that the govern- TIONS, ACCOUNTABILITY, AND exactly where most Americans want to ment should provide everything for ev- DIVESTMENT ACT OF 2010 be going, I don’t think. erybody. And I think the public is wak- Mr. BERMAN (during the Special Mr. BROUN of Georgia. Well, during ing up to this. Order of Mr. AKIN) submitted the fol- the Bush administration, we had the I would be happy to yield you a lowing conference report and state- TARP funds, the Troubled Asset Relief minute if you’d like, gentleman. ment on the bill (H.R. 2194) to amend Program that the Bush administration Mr. BROUN of Georgia. Well, thank the Iran Sanctions Act of 1996 to en- promoted. It was actually through his you. I appreciate you yielding back. We hance United States diplomatic efforts Secretary of the Treasury, Hank have got about 2 more minutes left. I with respect to Iran by expanding eco- Paulson, who came to us and said, The just wanted to add something to what nomic sanctions against Iran: sky is falling, we had to pass a TARP you just said about being enslaved. My or the economy would crash. I voted good friend Star Parker who, by the CONFERENCE REPORT (H. REPT. 111–512) against that because I wasn’t in favor way, is running for Congress in Cali- The committee of conference on the dis- of bailing out the incompetent Wall fornia, in Los Angeles, whose welfare agreeing votes of the two Houses on the Street bankers for their malfeasance. I mom got saved. She accepted Jesus amendment of the Senate to the bill (H. R. 2194), to amend the Iran Sanctions Act of want to bail out Main Street, small Christ as her own Lord and Savior. She 1996 to enhance United States diplomatic ef- businessmen and -women. I want to started looking at her lifestyle, and she forts with respect to Iran by expanding eco- bail out the small community banks by started trying to break out of that wel- nomic sanctions against Iran, having met, getting the Federal regulatory burden fare state that she was in and had a after full and free conference, have agreed to

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.134 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4752 CONGRESSIONAL RECORD — HOUSE June 23, 2010 recommend and do recommend to their re- Sec. 304. Report on expanding diversion con- of projects and sub-projects, covering nuclear spective Houses as follows: cern system to address the diver- and missile related aspects, run by military-re- That the House recede from its disagree- sion of United States origin goods, lated organizations.’’. ment to the amendment of the Senate and services, and technologies to cer- (E) A May 31, 2010, report by the Inter- agree to the same with an amendment as fol- tain countries other than Iran. national Atomic Energy Agency expressing con- lows: Sec. 305. Enforcement authority. tinuing strong concerns about Iran’s lack of co- In lieu of the matter proposed to be in- TITLE IV—GENERAL PROVISIONS operation with the Agency’s verification efforts serted by the Senate amendment, insert the and Iran’s ongoing enrichment activities, which Sec. 401. General provisions. are contrary to the longstanding demands of the following: Sec. 402. Determination of budgetary effects. Agency and the United Nations Security Coun- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 2. FINDINGS. cil. (a) SHORT TITLE.—This Act may be cited as Congress makes the following findings: (F) Iran’s announcement in April 2010 that it the ‘‘Comprehensive Iran Sanctions, Account- (1) The illicit nuclear activities of the Govern- had developed a new, faster generation of cen- ability, and Divestment Act of 2010’’. ment of Iran, combined with its development of trifuges for enriching uranium. (b) TABLE OF CONTENTS.—The table of con- unconventional weapons and ballistic missiles (G) Iran’s ongoing arms exports to, and sup- tents for this Act is as follows: and its support for international terrorism, rep- port for, terrorists in direct contravention of Sec. 1. Short title; table of contents. resent a threat to the security of the United United Nations Security Council resolutions. Sec. 2. Findings. States, its strong ally Israel, and other allies of (H) Iran’s July 31, 2009, arrest of 3 young citi- Sec. 3. Sense of Congress regarding the need to the United States around the world. zens of the United States on spying charges. (8) There is an increasing interest by State impose additional sanctions with (2) The United States and other responsible governments, local governments, educational in- respect to Iran. countries have a vital interest in working to- gether to prevent the Government of Iran from stitutions, and private institutions, business TITLE I—SANCTIONS acquiring a nuclear weapons capability. firms, and other investors to disassociate them- Sec. 101. Definitions. (3) The International Atomic Energy Agency selves from companies that conduct business ac- Sec. 102. Expansion of sanctions under the Iran has repeatedly called attention to Iran’s illicit tivities in the energy sector of Iran, since such Sanctions Act of 1996. nuclear activities and, as a result, the United business activities may directly or indirectly Sec. 103. Economic sanctions relating to Iran. Nations Security Council has adopted a range of support the efforts of the Government of Iran to Sec. 104. Mandatory sanctions with respect to sanctions designed to encourage the Government achieve a nuclear weapons capability. financial institutions that engage of Iran to suspend those activities and comply (9) Black market proliferation networks con- in certain transactions. with its obligations under the Treaty on the tinue to flourish in the Middle East, allowing Sec. 105. Imposition of sanctions on certain per- Non-Proliferation of Nuclear Weapons, done at countries like Iran to gain access to sensitive sons who are responsible for or Washington, London, and Moscow July 1, 1968, dual-use technologies. (10) Economic sanctions imposed pursuant to complicit in human rights abuses and entered into force March 5, 1970 (commonly the provisions of this Act, the Iran Sanctions committed against citizens of Iran known as the ‘‘Nuclear Non-Proliferation Trea- Act of 1996, as amended by this Act, and the ty’’). or their family members after the International Emergency Economic Powers Act (4) The serious and urgent nature of the June 12, 2009, elections in Iran. (50 U.S.C. 1701 et seq.), and other authorities threat from Iran demands that the United States Sec. 106. Prohibition on procurement contracts available to the United States to impose eco- work together with its allies to do everything with persons that export sensitive nomic sanctions to prevent Iran from developing possible—diplomatically, politically, and eco- technology to Iran. nuclear weapons, are necessary to protect the nomically—to prevent Iran from acquiring a nu- Sec. 107. Harmonization of criminal penalties essential security interests of the United States. for violations of sanctions. clear weapons capability. (5) The United States and its major European SEC. 3. SENSE OF CONGRESS REGARDING THE Sec. 108. Authority to implement United Na- NEED TO IMPOSE ADDITIONAL SANC- tions Security Council resolutions allies, including the United Kingdom, France, TIONS WITH RESPECT TO IRAN. imposing sanctions with respect to and Germany, have advocated that sanctions be It is the sense of Congress that— Iran. strengthened should international diplomatic ef- (1) international diplomatic efforts to address Sec. 109. Increased capacity for efforts to com- forts fail to achieve verifiable suspension of Iran’s illicit nuclear efforts and support for bat unlawful or terrorist financ- Iran’s uranium enrichment program and an end international terrorism are more likely to be ef- ing. to its nuclear weapons program and other illicit fective if strong additional sanctions are im- Sec. 110. Reports on investments in the energy nuclear activities. posed on the Government of Iran; sector of Iran. (6) The Government of Iran continues to en- (2) the concerns of the United States regard- Sec. 111. Reports on certain activities of foreign gage in serious, systematic, and ongoing viola- ing Iran are strictly the result of the actions of export credit agencies and of the tions of human rights, including suppression of the Government of Iran; (3) the revelation in September 2009 that Iran Export-Import Bank of the United freedom of expression and religious freedom, il- is developing a secret uranium enrichment site States. legitimately prolonged detention, torture, and on a base of Iran’s Revolutionary Guard Corps Sec. 112. Sense of Congress regarding Iran’s executions. Such violations have increased in near Qom, which appears to have no civilian Revolutionary Guard Corps and the aftermath of the fraudulent presidential application, highlights the urgency that Iran— its affiliates. election in Iran on June 12, 2009. (7) The Government of Iran has been unre- (A) disclose the full nature of its nuclear pro- Sec. 113. Sense of Congress regarding Iran and sponsive to President Obama’s unprecedented gram, including any other secret locations; and Hezbollah. and serious efforts at engagement, revealing (B) provide the International Atomic Energy Sec. 114. Sense of Congress regarding the impo- that the Government of Iran is not interested in Agency unfettered access to its facilities pursu- sition of multilateral sanctions a diplomatic resolution, as made clear, for exam- ant to Iran’s legal obligations under the Treaty with respect to Iran. ple, by the following: on the Non-Proliferation of Nuclear Weapons, Sec. 115. Report on providing compensation for (A) Iran’s apparent rejection of the Tehran done at Washington, London, and Moscow July victims of international terrorism. Research Reactor plan, generously offered by 1, 1968, and entered into force March 5, 1970 TITLE II—DIVESTMENT FROM CERTAIN the United States and its partners, of poten- (commonly known as the ‘‘Nuclear Non-Pro- COMPANIES THAT INVEST IN IRAN tially great benefit to the people of Iran, and liferation Treaty’’) and Iran’s safeguards agree- ment with the International Atomic Energy Sec. 201. Definitions. endorsed by Iran’s own negotiators in October 2009. Agency; Sec. 202. Authority of State and local govern- (4) because of the involvement of Iran’s Revo- (B) Iran’s ongoing clandestine nuclear pro- ments to divest from certain com- lutionary Guard Corps in Iran’s nuclear pro- gram, as evidenced by its work on the secret panies that invest in Iran. gram, international terrorism, and domestic uranium enrichment facility at Qom, its subse- Sec. 203. Safe harbor for changes of investment human rights abuses, the President should im- quent refusal to cooperate fully with inspectors policies by asset managers. pose the full range of applicable sanctions on— Sec. 204. Sense of Congress regarding certain from the International Atomic Energy Agency, (A) any individual or entity that is an agent, ERISA plan investments. and its announcement that it would build 10 alias, front, instrumentality, representative, of- Sec. 205. Technical corrections to Sudan Ac- new uranium enrichment facilities. ficial, or affiliate of Iran’s Revolutionary Guard countability and Divestment Act (C) Iran’s official notification to the Inter- Corps; and of 2007. national Atomic Energy Agency that it would (B) any individual or entity that has con- enrich uranium to the 20 percent level, followed TITLE III—PREVENTION OF DIVERSION OF ducted any commercial transaction or financial soon thereafter by its providing to that Agency transaction with an individual or entity de- CERTAIN GOODS, SERVICES, AND TECH- a laboratory result showing that Iran had in- NOLOGIES TO IRAN scribed in subparagraph (A); deed enriched some uranium to 19.8 percent. (5) additional measures should be adopted by Sec. 301. Definitions. (D) A February 18, 2010, report by the Inter- the United States to prevent the diversion of Sec. 302. Identification of countries of concern national Atomic Energy Agency expressing sensitive dual-use technologies to Iran; with respect to the diversion of ‘‘concerns about the possible existence in Iran of (6) the President should— certain goods, services, and tech- past or current undisclosed activities related to (A) continue to urge the Government of Iran nologies to or through Iran. the development of a nuclear payload for a mis- to respect the internationally recognized human Sec. 303. Destinations of Diversion Concern. sile. These alleged activities consist of a number rights and religious freedoms of its citizens;

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(B) identify the officials of the Government of GOVERNMENTAL INSTITUTIONS OF IRAN.—The ‘‘(B) GOODS, SERVICES, TECHNOLOGY, INFOR- Iran and other individuals who are responsible term ‘‘Iranian diplomat or representative of an- MATION, OR SUPPORT DESCRIBED.—Goods, serv- for continuing and severe violations of human other government or military or quasi-govern- ices, technology, information, or support de- rights and religious freedom in Iran; and mental institution of Iran’’ means any of the scribed in this subparagraph are goods, services, (C) take appropriate measures to respond to Iranian diplomats and representatives of other technology, information, or support that could such violations, including by— government and military or quasi-governmental directly and significantly facilitate the mainte- (i) prohibiting officials and other individuals institutions of Iran (as that term is defined in nance or expansion of Iran’s domestic produc- the President identifies as being responsible for section 14 of the Iran Sanctions Act of 1996 tion of refined petroleum products, including such violations from entry into the United (Public Law 104–172; 50 U.S.C. 1701 note)). any direct and significant assistance with re- States; and (6) KNOWINGLY.—The term ‘‘knowingly’’, with spect to the construction, modernization, or re- (ii) freezing the assets of the officials and respect to conduct, a circumstance, or a result, pair of petroleum refineries. other individuals described in clause (i); means that a person has actual knowledge, or ‘‘(3) EXPORTATION OF REFINED PETROLEUM (7) additional funding should be provided to should have known, of the conduct, the cir- PRODUCTS TO IRAN.— the Secretary of State to document, collect, and cumstance, or the result. ‘‘(A) IN GENERAL.—Except as provided in sub- disseminate information about human rights (7) MEDICAL DEVICE.—The term ‘‘medical de- section (f), the President shall impose 3 or more abuses in Iran, including serious abuses that vice’’ has the meaning given the term ‘‘device’’ of the sanctions described in section 6(a) with have taken place since the presidential election in section 201 of the Federal Food, Drug, and respect to a person if the President determines in Iran on June 12, 2009; Cosmetic Act (21 U.S.C. 321). that the person knowingly, on or after the date (8) with respect to nongovernmental organiza- (8) MEDICINE.—The term ‘‘medicine’’ has the of the enactment of the Comprehensive Iran tions based in the United States— meaning given the term ‘‘drug’’ in section 201 of Sanctions, Accountability, and Divestment Act (A) many of such organizations are essential the Federal Food, Drug, and Cosmetic Act (21 of 2010— to promoting human rights and humanitarian U.S.C. 321). ‘‘(i) sells or provides to Iran refined petroleum goals around the world; (9) STATE.—The term ‘‘State’’ means each of products— (B) it is in the national interest of the United the several States, the District of Columbia, the ‘‘(I) that have a fair market value of States to allow responsible nongovernmental or- Commonwealth of Puerto Rico, the Common- $1,000,000 or more; or ganizations based in the United States to estab- wealth of the Northern Mariana Islands, Amer- ‘‘(II) that, during a 12-month period, have an lish and carry out operations in Iran to promote ican Samoa, Guam, the United States Virgin Is- aggregate fair market value of $5,000,000 or civil society and foster humanitarian goodwill lands, and any other territory or possession of more; or among the people of Iran; and the United States. ‘‘(ii) sells, leases, or provides to Iran goods, (C) the United States should ensure that the (10) UNITED STATES PERSON.—The term services, technology, information, or support de- organizations described in subparagraph (B) are ‘‘United States person’’ means— scribed in subparagraph (B)— not unnecessarily hindered from working in (A) a natural person who is a citizen or resi- ‘‘(I) any of which has a fair market value of Iran to provide humanitarian, human rights, dent of the United States or a national of the $1,000,000 or more; or ‘‘(II) that, during a 12-month period, have an and people-to-people assistance, as appropriate, United States (as defined in section 101(a) of the aggregate fair market value of $5,000,000 or to the people of Iran; Immigration and Nationality Act (8 U.S.C. more. (9) the United States should not issue a license 1101(a)); and (B) an entity that is organized under the laws ‘‘(B) GOODS, SERVICES, TECHNOLOGY, INFOR- pursuant to an agreement for cooperation (as of the United States or any State. MATION, OR SUPPORT DESCRIBED.—Goods, serv- defined in section 11 b. of the Atomic Energy ices, technology, information, or support de- Act of 1954 (42 U.S.C. 2014(b))) for the export of SEC. 102. EXPANSION OF SANCTIONS UNDER THE IRAN SANCTIONS ACT OF 1996. scribed in this subparagraph are goods, services, nuclear material, facilities, components, or other (a) IN GENERAL.—Section 5 of the Iran Sanc- technology, information, or support that could goods, services, or technology that are or would tions Act of 1996 (Public Law 104–172; 50 U.S.C. directly and significantly contribute to the en- be subject to such an agreement to a country 1701 note) is amended— hancement of Iran’s ability to import refined pe- that is providing similar nuclear material, facili- (1) by striking subsection (a) and inserting the troleum products, including— ties, components, or other goods, services, or following: ‘‘(i) except as provided in subparagraph (C), technology to another country that is not in full ‘‘(a) SANCTIONS WITH RESPECT TO THE DEVEL- underwriting or entering into a contract to pro- compliance with its obligations under the Nu- OPMENT OF PETROLEUM RESOURCES OF IRAN, vide insurance or reinsurance for the sale, lease, clear Non-Proliferation Treaty, including its ob- PRODUCTION OF REFINED PETROLEUM PRODUCTS or provision of such goods, services, technology, ligations under the safeguards agreement be- IN IRAN, AND EXPORTATION OF REFINED PETRO- information, or support; tween that country and the International Atom- LEUM PRODUCTS TO IRAN.— ‘‘(ii) financing or brokering such sale, lease, ic Energy Agency, unless the President deter- ‘‘(1) DEVELOPMENT OF PETROLEUM RESOURCES or provision; or mines that the provision of such similar nuclear OF IRAN.— ‘‘(iii) providing ships or shipping services to material, facilities, components, or other goods, ‘‘(A) IN GENERAL.—Except as provided in sub- deliver refined petroleum products to Iran. services, or technology to such other country section (f), the President shall impose 3 or more ‘‘(C) EXCEPTION FOR UNDERWRITERS AND IN- does not undermine the nonproliferation policies of the sanctions described in section 6(a) with SURANCE PROVIDERS EXERCISING DUE DILI- and objectives of the United States; and respect to a person if the President determines GENCE.—The President may not impose sanc- (10) the people of the United States— that the person knowingly, on or after the date tions under this paragraph with respect to a (A) have feelings of friendship for the people of the enactment of the Comprehensive Iran person that provides underwriting services or in- of Iran; Sanctions, Accountability, and Divestment Act surance or reinsurance if the President deter- (B) regret that developments in recent decades of 2010— mines that the person has exercised due dili- have created impediments to that friendship; ‘‘(i) makes an investment described in sub- gence in establishing and enforcing official poli- and paragraph (B) of $20,000,000 or more; or cies, procedures, and controls to ensure that the (C) hold the people of Iran, their culture, and ‘‘(ii) makes a combination of investments de- person does not underwrite or enter into a con- their ancient and rich history in the highest es- scribed in subparagraph (B) in a 12-month pe- tract to provide insurance or reinsurance for the teem. riod if each such investment is of at least sale, lease, or provision of goods, services, tech- TITLE I—SANCTIONS $5,000,000 and such investments equal or exceed nology, information, or support described in $20,000,000 in the aggregate. SEC. 101. DEFINITIONS. subparagraph (B).’’; ‘‘(B) INVESTMENT DESCRIBED.—An investment (2) in subsection (b)— In this title: described in this subparagraph is an investment (A) by redesignating paragraphs (1) and (2) as (1) AGRICULTURAL COMMODITY.—The term that directly and significantly contributes to the subparagraphs (A) and (B), respectively, and ‘‘agricultural commodity’’ has the meaning enhancement of Iran’s ability to develop petro- moving such subparagraphs, as so redesignated, given that term in section 102 of the Agricul- leum resources. 2 ems to the right; tural Trade Act of 1978 (7 U.S.C. 5602). ‘‘(2) PRODUCTION OF REFINED PETROLEUM (B) by striking ‘‘The President shall impose’’ (2) APPROPRIATE CONGRESSIONAL COMMIT- PRODUCTS.— and inserting the following: TEES.—The term ‘‘appropriate congressional ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(1) IN GENERAL.—The President shall im- committees’’ has the meaning given that term in section (f), the President shall impose 3 or more pose’’; and section 14 of the Iran Sanctions Act of 1996 of the sanctions described in section 6(a) with (C) in paragraph (1), as redesignated by sub- (Public Law 104–172; 50 U.S.C. 1701 note), as respect to a person if the President determines paragraph (B) of this paragraph, by striking amended by section 102 of this Act. that the person knowingly, on or after the date ‘‘two or more’’ and all that follows through ‘‘of (3) EXECUTIVE AGENCY.—The term ‘‘executive of the enactment of the Comprehensive Iran this Act’’ and inserting ‘‘3 or more of the sanc- agency’’ has the meaning given that term in sec- Sanctions, Accountability, and Divestment Act tions described in section 6(a) if the President tion 4 of the Office of Federal Procurement Pol- of 2010, sells, leases, or provides to Iran goods, determines that a person has, on or after the icy Act (41 U.S.C. 403). services, technology, information, or support de- date of the enactment of the Comprehensive (4) FAMILY MEMBER.—The term ‘‘family mem- scribed in subparagraph (B)— Iran Sanctions, Accountability, and Divestment ber’’ means, with respect to an individual, a ‘‘(i) any of which has a fair market value of Act of 2010’’; and spouse, child, parent, sibling, grandchild, or $1,000,000 or more; or (D) by adding at the end the following: grandparent of the individual. ‘‘(ii) that, during a 12-month period, have an ‘‘(2) ADDITIONAL MANDATORY SANCTIONS RE- (5) IRANIAN DIPLOMATS AND REPRESENTATIVES aggregate fair market value of $5,000,000 or LATING TO TRANSFER OF NUCLEAR TECH- OF OTHER GOVERNMENT AND MILITARY OR QUASI- more. NOLOGY.—

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‘‘(A) IN GENERAL.—Except as provided in sub- control with (as the case may be), the person re- procurement Programs maintained by the Ad- paragraphs (B) and (C), in any case in which a ferred to in paragraph (1) knowingly engaged in ministrator under part 9 of the Federal Acquisi- person is subject to sanctions under paragraph the activities referred to in that paragraph.’’; tion Regulation issued pursuant to section 25 of (1) because of an activity described in that para- and the Office of Federal Procurement Policy Act (41 graph that relates to the acquisition or develop- (4) in subsection (f)— U.S.C. 421) each person that is debarred, sus- ment of nuclear weapons or related technology (A) in the matter preceding paragraph (1), by pended, or proposed for debarment or suspen- or of missiles or advanced conventional weapons striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and sion by the head of an executive agency on the that are designed or modified to deliver a nu- (B) in paragraph (2), by striking ‘‘section basis of a determination of a false certification clear weapon, no license may be issued for the 301(b)(1) of that Act (19 U.S.C. 2511(b)(1))’’ and under subparagraph (A). export, and no approval may be given for the inserting ‘‘section 301(b) of that Act (19 U.S.C. ‘‘(3) CLARIFICATION REGARDING CERTAIN PROD- transfer or retransfer, directly or indirectly, to 2511(b))’’. UCTS.—The remedies set forth in paragraph (2) the country the government of which has pri- (b) DESCRIPTION OF SANCTIONS.—Section 6 of shall not apply with respect to the procurement mary jurisdiction over the person, of any nu- such Act is amended— of eligible products, as defined in section 308(4) clear material, facilities, components, or other (1) by striking ‘‘The sanctions to be imposed’’ of the Trade Agreements Act of 1974 (19 U.S.C. goods, services, or technology that are or would and inserting the following: 2518(4)), of any foreign country or instrumen- be subject to an agreement for cooperation be- ‘‘(a) IN GENERAL.—The sanctions to be im- tality designated under section 301(b) of that tween the United States and that government. posed’’; Act (19 U.S.C. 2511(b)). ‘‘(B) EXCEPTION.—The sanctions described in (2) in subsection (a), as redesignated by para- ‘‘(4) RULE OF CONSTRUCTION.—This subsection subparagraph (A) shall not apply with respect graph (1)— shall not be construed to limit the use of other to a country the government of which has pri- (A) by redesignating paragraph (6) as para- remedies available to the head of an executive mary jurisdiction over a person that engages in graph (9); and agency or any other official of the Federal Gov- an activity described in that subparagraph if (B) by inserting after paragraph (5) the fol- ernment on the basis of a determination of a the President determines and notifies the appro- lowing: false certification under paragraph (1). priate congressional committees that the govern- ‘‘(6) FOREIGN EXCHANGE.—The President may, ‘‘(5) WAIVERS.—The President may on a case- ment of the country— pursuant to such regulations as the President by-case basis waive the requirement that a per- ‘‘(i) does not know or have reason to know may prescribe, prohibit any transactions in for- son make a certification under paragraph (1) if about the activity; or eign exchange that are subject to the jurisdic- the President determines and certifies in writing ‘‘(ii) has taken, or is taking, all reasonable tion of the United States and in which the sanc- to the appropriate congressional committees, the steps necessary to prevent a recurrence of the tioned person has any interest. Committee on Armed Services of the Senate, and activity and to penalize the person for the activ- ‘‘(7) BANKING TRANSACTIONS.—The President the Committee on Armed Services of the House ity. may, pursuant to such regulations as the Presi- of Representatives, that it is in the national in- ‘‘(C) INDIVIDUAL APPROVAL.—Notwithstanding dent may prescribe, prohibit any transfers of terest of the United States to do so. subparagraph (A), the President may, on a case- credit or payments between financial institu- ‘‘(6) EXECUTIVE AGENCY DEFINED.—In this by-case basis, approve the issuance of a license tions or by, through, or to any financial institu- subsection, the term ‘executive agency’ has the for the export, or approve the transfer or re- tion, to the extent that such transfers or pay- meaning given that term in section 4 of the Of- transfer, of any nuclear material, facilities, ments are subject to the jurisdiction of the fice of Federal Procurement Policy Act (41 components, or other goods, services, or tech- United States and involve any interest of the U.S.C. 403). nology that are or would be subject to an agree- sanctioned person. ‘‘(7) APPLICABILITY.—The revisions to the ment for cooperation, to a person in a country ‘‘(8) PROPERTY TRANSACTIONS.—The President Federal Acquisition Regulation required under to which subparagraph (A) applies (other than may, pursuant to such regulations as the Presi- paragraph (1) shall apply with respect to con- a person that is subject to the sanctions under dent may prescribe, prohibit any person from— tracts for which solicitations are issued on or paragraph (1)) if the President— ‘‘(A) acquiring, holding, withholding, using, after the date that is 90 days after the date of ‘‘(i) determines that such approval is vital to transferring, withdrawing, transporting, import- the enactment of the Comprehensive Iran Sanc- the national security interests of the United ing, or exporting any property that is subject to tions, Accountability, and Divestment Act of States; and the jurisdiction of the United States and with 2010.’’. ‘‘(ii) not later than 15 days before issuing respect to which the sanctioned person has any (c) PRESIDENTIAL WAIVER.—Section 9 of such such license or approving such transfer or re- interest; Act is amended— transfer, submits to the Committee on Foreign ‘‘(B) dealing in or exercising any right, power, (1) in subsection (a), by striking ‘‘5(b)’’ each Affairs of the House of Representatives and the or privilege with respect to such property; or place it appears and inserting ‘‘5(b)(1)’’; and ‘‘(C) conducting any transaction involving (2) in subsection (c)— Committee on Foreign Relations of the Senate (A) by striking ‘‘section 5(a) or (b)’’ each the justification for approving such license, such property.’’; and (3) by adding at the end the following: place it appears and inserting ‘‘section 5(a) or transfer, or retransfer. 5(b)(1)’’; ‘‘(D) CONSTRUCTION.—The restrictions in sub- ‘‘(b) ADDITIONAL MEASURE RELATING TO GOV- ERNMENT CONTRACTS.— (B) in paragraph (1), by striking ‘‘important paragraph (A) shall apply in addition to all to the national interest’’ and inserting ‘‘nec- other applicable procedures, requirements, and ‘‘(1) MODIFICATION OF FEDERAL ACQUISITION REGULATION.—Not later than 90 days after the essary to the national interest’’; and restrictions contained in the Atomic Energy Act (C) in paragraph (2), by striking subpara- of 1954 and other related laws. date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment graph (C) and inserting the following: ‘‘(E) DEFINITION.—In this paragraph, the term ‘‘(C) an estimate of the significance of the Act of 2010, the Federal Acquisition Regulation ‘agreement for cooperation’ has the meaning conduct of the person in contributing to the issued pursuant to section 25 of the Office of given that term in section 11 b. of the Atomic ability of Iran to, as the case may be— Federal Procurement Policy Act (41 U.S.C. 421) Energy Act of 1954 (42 U.S.C. 2014(b)). ‘‘(i) develop petroleum resources, produce re- shall be revised to require a certification from ‘‘(F) APPLICABILITY.—The sanctions under fined petroleum products, or import refined pe- each person that is a prospective contractor that subparagraph (A) shall apply only in a case in troleum products; or which a person is subject to sanctions under the person, and any person owned or controlled ‘‘(ii) acquire or develop— paragraph (1) because of an activity described by the person, does not engage in any activity ‘‘(I) chemical, biological, or nuclear weapons in that paragraph in which the person engages for which sanctions may be imposed under sec- or related technologies; or on or after the date of the enactment of the tion 5. ‘‘(II) destabilizing numbers and types of ad- Comprehensive Iran Sanctions, Accountability, ‘‘(2) REMEDIES.— vanced conventional weapons; and’’. and Divestment Act of 2010.’’; ‘‘(A) IN GENERAL.—If the head of an executive (d) REPORTS ON GLOBAL TRADE RELATING TO (3) in subsection (c)— agency determines that a person has submitted IRAN.—Section 10 of such Act is amended by (A) by striking ‘‘(b)’’ each place it appears a false certification under paragraph (1) on or adding at the end the following: and inserting ‘‘(b)(1)’’; and after the date on which the revision of the Fed- ‘‘(d) REPORTS ON GLOBAL TRADE RELATING TO (B) by striking paragraph (2) and inserting eral Acquisition Regulation required by this IRAN.—Not later than 90 days after the date of the following: subsection becomes effective, the head of that the enactment of the Comprehensive Iran Sanc- ‘‘(2) any person that— executive agency shall terminate a contract with tions, Accountability, and Divestment Act of ‘‘(A) is a successor entity to the person re- such person or debar or suspend such person 2010, and annually thereafter, the President ferred to in paragraph (1); from eligibility for Federal contracts for a period shall submit to the appropriate congressional ‘‘(B) owns or controls the person referred to in of not more than 3 years. Any such debarment committees a report, with respect to the most re- paragraph (1), if the person that owns or con- or suspension shall be subject to the procedures cent 12-month period for which data are avail- trols the person referred to in paragraph (1) had that apply to debarment and suspension under able, on the dollar value amount of trade, in- actual knowledge or should have known that the Federal Acquisition Regulation under sub- cluding in the energy sector, between Iran and the person referred to in paragraph (1) engaged part 9.4 of part 9 of title 48, Code of Federal each country maintaining membership in the in the activities referred to in that paragraph; Regulations. Group of 20 Finance Ministers and Central or ‘‘(B) INCLUSION ON LIST OF PARTIES EXCLUDED Bank Governors.’’. ‘‘(C) is owned or controlled by, or under com- FROM FEDERAL PROCUREMENT AND NONPROCURE- (e) EXTENSION OF IRAN SANCTIONS ACT OF mon ownership or control with, the person re- MENT PROGRAMS.—The Administrator of General 1996.—Section 13(b) of such Act is amended by ferred to in paragraph (1), if the person owned Services shall include on the List of Parties Ex- striking ‘‘December 31, 2011’’ and inserting ‘‘De- or controlled by, or under common ownership or cluded from Federal Procurement and Non- cember 31, 2016’’.

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(f) CLARIFICATION AND EXPANSION OF DEFINI- ‘‘(bb) acquiring or developing destabilizing 5(b) of the Iran Sanctions Act of 1996, as in ef- TIONS.—Section 14 of such Act is amended— numbers and types of advanced conventional fect on the day before such date of enactment, (1) in paragraph (2), by striking ‘‘the Com- weapons; and and continues the activity on or after such date mittee on Banking and Financial Services, and ‘‘(II) such a waiver is vital to the national se- of enactment, shall be subject to the provisions the Committee on International Relations’’ and curity interests of the United States; and of the Iran Sanctions Act of 1996, as amended inserting ‘‘the Committee on Financial Services, ‘‘(ii) submits to the appropriate congressional by this Act. and the Committee on Foreign Affairs’’; committees a report identifying— (4) APPLICABILITY OF MANDATORY INVESTIGA- (2) in paragraph (9), in the flush text fol- ‘‘(I) the person with respect to which the TIONS TO INVESTMENTS.—The amendments made lowing subparagraph (C), by striking ‘‘The term President waives the application of sanctions; by subsection (g)(5) of this section shall apply ‘investment’ does not include’’ and all that fol- and on and after the date of the enactment of this lows through ‘‘technology.’’; ‘‘(II) the actions taken by the government de- Act— (3) by redesignating paragraphs (12), (13), scribed in clause (i)(I) to cooperate in multilat- (A) with respect to an investment described in (14), (15), and (16) as paragraphs (13), (14), (15), eral efforts described in that clause.’’; and section 5(a)(1) of the Iran Sanctions Act of 1996, (17), and (18), respectively; (B) by striking paragraph (2) and inserting as amended by subsection (a) of this section, (4) by inserting after paragraph (11) the fol- the following: that is commenced on or after such date of en- lowing: ‘‘(2) SUBSEQUENT RENEWAL OF WAIVER.—At actment; and ‘‘(12) KNOWINGLY.—The term ‘knowingly’, the conclusion of the period of a waiver under (B) with respect to an investment described in with respect to conduct, a circumstance, or a re- subparagraph (A) or (B) of paragraph (1), the section 5(a) of the Iran Sanctions Act of 1996, as sult, means that a person has actual knowledge, President may renew the waiver— in effect on the day before the date of the enact- or should have known, of the conduct, the cir- ‘‘(A) if the President determines, in accord- ment of this Act, that is commenced before such cumstance, or the result.’’; ance with subparagraph (A) or (B) of that para- date of enactment and continues on or after (5) in paragraph (14), as redesignated by graph (as the case may be), that the waiver is such date of enactment. paragraph (3) of this subsection— appropriate; and (5) APPLICABILITY OF MANDATORY INVESTIGA- (A) by redesignating subparagraphs (A), (B), ‘‘(B)(i) in the case of a waiver under subpara- TIONS TO ACTIVITIES RELATING TO PETROLEUM.— and (C) as clauses (i), (ii), and (iii), respectively, graph (A) of paragraph (1), for subsequent peri- (A) IN GENERAL.—Except as provided in sub- and moving such clauses, as so redesignated, 2 ods of not more than six months each; and paragraph (B), the amendments made by sub- ems to the right; ‘‘(ii) in the case of a waiver under subpara- section (g)(5) of this section shall apply on and (B) by striking ‘‘The term ‘person’ means—’’ graph (B) of paragraph (1), for subsequent peri- after the date that is 1 year after the date of the and inserting the following: ods of not more than 12 months each.’’; enactment of this Act with respect to an activity ‘‘(A) IN GENERAL.—The term ‘person’ means— (3) by striking subsection (d); described in paragraph (2) or (3) of section 5(a) ’’; (4) by redesignating subsections (e) and (f) as of the Iran Sanctions Act of 1996, as amended (C) in subparagraph (A), as redesignated by subsections (d) and (e), respectively; and by subsection (a) of this section, that is com- this paragraph— (5) in subsection (e), as redesignated by para- menced on or after the date that is 1 year after (i) in clause (ii), by inserting ‘‘financial insti- graph (4) of this subsection— the date of the enactment of this Act or the date tution, insurer, underwriter, guarantor, and (A) in paragraph (1)— on which the President fails to submit a certifi- any other business organization,’’ after (i) by striking ‘‘should initiate’’ and inserting cation that is required under subparagraph (B) ‘‘trust,’’; and ‘‘shall initiate’’; and (whichever is applicable). (ii) in clause (iii), by striking ‘‘subparagraph (ii) by striking ‘‘investment activity in Iran (B) SPECIAL RULE FOR DELAY OF EFFECTIVE (B)’’ and inserting ‘‘clause (ii)’’; and as’’ and inserting ‘‘an activity’’; DATE.— (D) by adding at the end the following: (B) in paragraph (2)— (i) REPORTING REQUIREMENT.—Not later than ‘‘(B) APPLICATION TO GOVERNMENTAL ENTI- (i) by striking ‘‘should determine’’ and insert- 30 days before the date that is 1 year after the TIES.—The term ‘person’ does not include a gov- ing ‘‘shall (unless paragraph (3) applies) deter- date of the enactment of this Act, the President ernment or governmental entity that is not oper- mine’’; and shall submit to the appropriate congressional ating as a business enterprise.’’; (ii) by striking ‘‘investment activity in Iran committees a report describing— (6) in paragraph (15), as redesignated by as’’ and inserting ‘‘an activity’’; and (I) the diplomatic and other efforts of the paragraph (3) of this subsection, by striking (C) by adding at the end the following: President— ‘‘petroleum and natural gas resources’’ and in- ‘‘(3) SPECIAL RULE.—The President need not (aa) to dissuade foreign persons from engag- serting ‘‘petroleum, refined petroleum products, initiate an investigation, and may terminate an ing in activities described in paragraph (2) or (3) oil or liquefied natural gas, natural gas re- investigation, under this subsection if the Presi- of section 5(a) of the Iran Sanctions Act of 1996, sources, oil or liquefied natural gas tankers, and dent certifies in writing to the appropriate con- as amended by subsection (a) of this section; products used to construct or maintain pipelines gressional committees that— and used to transport oil or liquefied natural gas’’; ‘‘(A) the person whose activity was the basis (bb) to encourage other governments to dis- and for the investigation is no longer engaging in suade persons over which those governments (7) by inserting after paragraph (15), as so re- the activity or has taken significant verifiable have jurisdiction from engaging in such activi- designated, the following: steps toward stopping the activity; and ties; ‘‘(16) REFINED PETROLEUM PRODUCTS.—The ‘‘(B) the President has received reliable assur- (II) the successes and failures of the efforts term ‘refined petroleum products’ means diesel, ances that the person will not knowingly engage described in subclause (I); and gasoline, jet fuel (including naphtha-type and in an activity described in section 5(a) in the fu- (III) each investigation under section 4(e) of kerosene-type jet fuel), and aviation gasoline.’’. ture.’’. the Iran Sanctions Act of 1996, as amended by (g) WAIVER FOR CERTAIN PERSONS IN CERTAIN (h) EFFECTIVE DATE.— subsection (g)(5) of this section and as in effect COUNTRIES; MANDATORY INVESTIGATIONS AND (1) IN GENERAL.—The amendments made by pursuant to subparagraph (C) of this para- REPORTING; CONFORMING AMENDMENTS.—Sec- this section shall— graph, or any other review of an activity de- tion 4 of such Act is amended— (A) take effect on the date of the enactment of scribed in paragraph (2) or (3) of section 5(a) of (1) in subsection (b)(2), by striking ‘‘(in addi- this Act; and the Iran Sanctions Act of 1996, as amended by tion to that provided in subsection (d))’’; (B) except as provided in this subsection or (2) in subsection (c)— subsection (a) of this section, that is initiated or (A) in paragraph (1)— section 6(b)(7) of the Iran Sanctions Act of 1996, ongoing during the period beginning on the date (i) by striking ‘‘The President may’’ and in- as amended by subsection (b) of this section, of the enactment of this Act and ending on the serting the following: apply with respect to an investment or activity date on which the President is required to sub- ‘‘(A) GENERAL WAIVER.—The President may’’; described in subsection (a) or (b) of section 5 of mit the report. and the Iran Sanctions Act of 1996, as amended by (ii) CERTIFICATION.—If the President submits (ii) by adding at the end the following: this section, that is commenced on or after such to the appropriate congressional committees, ‘‘(B) WAIVER WITH RESPECT TO PERSONS IN date of enactment. with the report required by clause (i), a certifi- COUNTRIES THAT COOPERATE IN MULTILATERAL (2) APPLICABILITY TO ONGOING INVESTMENTS cation that there was a substantial reduction in EFFORTS WITH RESPECT TO IRAN.—The President PROHIBITED UNDER PRIOR LAW.—A person that activities described in paragraphs (2) and (3) of may, on a case by case basis, waive for a period makes an investment described in section 5(a) of section 5(a) of the Iran Sanctions Act of 1996, as of not more than 12 months the application of the Iran Sanctions Act of 1996, as in effect on amended by subsection (a) of this section, dur- section 5(a) with respect to a person if the Presi- the day before the date of the enactment of this ing the period described in clause (i)(III), the ef- dent, at least 30 days before the waiver is to Act, that is commenced before such date of en- fective date provided for in subparagraph (A) take effect— actment and continues on or after such date of shall be delayed for a 180-day period beginning ‘‘(i) certifies to the appropriate congressional enactment, shall, except as provided in para- after the date provided for in that subpara- committees that— graph (4), be subject to the provisions of the graph. ‘‘(I) the government with primary jurisdiction Iran Sanctions Act of 1996, as in effect on the (iii) SUBSEQUENT REPORTS AND DELAYS.—The over the person is closely cooperating with the day before such date of enactment. effective date provided for in subparagraph (A) United States in multilateral efforts to prevent (3) APPLICABILITY TO ONGOING ACTIVITIES RE- shall be delayed for additional 180-day periods Iran from— LATING TO CHEMICAL, BIOLOGICAL, OR NUCLEAR occurring after the end of the 180-day period ‘‘(aa) acquiring or developing chemical, bio- WEAPONS OR RELATED TECHNOLOGIES.—A person provided for under clause (ii), if, not later than logical, or nuclear weapons or related tech- that, before the date of the enactment of this 30 days before the 180-day period preceding such nologies; or Act, commenced an activity described in section additional 180-day period expires, the President

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submits to the appropriate congressional com- of United States origin may be exported to Iran (B) REPORTS TO THE OFFICE OF FOREIGN AS- mittees— from the United States or by a United States SETS CONTROL.—The action described in sub- (I) a report containing the matters required in person, wherever located. paragraph (A) includes requiring any United the report under clause (i) for the period begin- (B) EXCEPTIONS.— States financial institution that holds funds or ning on the date on which the preceding report (i) PERSONAL COMMUNICATIONS; ARTICLES TO assets of a person described in that subpara- was required to be submitted under clause (i) or RELIEVE HUMAN SUFFERING; INFORMATION AND graph or funds or assets that person transfers to this clause (as the case may be) and ending on INFORMATIONAL MATERIALS; TRANSACTIONS INCI- a family member or associate described in that the date on which the President is required to DENT TO TRAVEL.—The exceptions provided for subparagraph to report promptly to the Office of submit the most recent report under this clause; in section 203(b) of the International Emergency Foreign Assets Control information regarding and Economic Powers Act (50 U.S.C. 1702(b)), in- such funds and assets. (II) a certification that, during the period de- cluding the exception for information and infor- (C) REPORTS TO CONGRESS.—Not later than 14 scribed in subclause (I), there was (as compared mational materials, shall apply to the prohibi- days after a decision is made to freeze the funds to the period for which the preceding report was tion in subparagraph (A) of this paragraph to or assets of any person under subparagraph (A), submitted under this subparagraph) a progres- the same extent that such exceptions apply to the President shall report the name of the per- sive reduction in activities described in para- the authority provided under section 203(a) of son to the appropriate congressional committees. graphs (2) and (3) of section 5(a) of the Iran that Act. Such a report may contain a classified annex. Sanctions Act of 1996, as amended by subsection (ii) FOOD; MEDICINE; HUMANITARIAN ASSIST- (D) TERMINATION.—The President shall re- (a) of this section. ANCE.—The prohibition in subparagraph (A) lease assets or funds frozen under subparagraph (iv) CONSEQUENCE OF FAILURE TO CERTIFY.—If shall not apply to the exportation of— (A) if the person to which the assets or funds the President does not make a certification at a (I) agricultural commodities, food, medicine, belong or the person that transfers the assets or time required by this subparagraph— or medical devices; or funds as described in subparagraph (A)(ii) (as (I) the amendments made by subsection (g)(5) (II) articles exported to Iran to provide hu- the case may be) no longer satisfies the criteria of this section shall apply on and after the date manitarian assistance to the people of Iran. for designation with respect to the imposition of on which the certification was required to be (iii) INTERNET COMMUNICATIONS.—The prohi- sanctions under the authority of the Inter- submitted by this subparagraph, with respect to bition in subparagraph (A) shall not apply to national Emergency Economic Powers Act (50 an activity described in paragraph (2) or (3) of the exportation of— U.S.C. 1701 et seq.). section 5(a) of the Iran Sanctions Act of 1996, as (I) services incident to the exchange of per- (E) UNITED STATES FINANCIAL INSTITUTION DE- amended by subsection (a) of this section, that— sonal communications over the Internet or soft- FINED.—In this paragraph, the term ‘‘United (aa) is referenced in the most recent report re- ware necessary to enable such services, as pro- States financial institution’’ means a financial quired to be submitted under this subparagraph; vided for in section 560.540 of title 31, Code of institution (as defined in section 14 of the Iran or Federal Regulations (or any corresponding simi- Sanctions Act of 1996 (Public Law 104–172; 50 (bb) is commenced on or after the date on lar regulation or ruling); which such most recent report is required to be (II) hardware necessary to enable such serv- U.S.C. 1701 note)) that is a United States per- submitted; and ices; or son. (II) not later than 45 days after the date on (III) hardware, software, or technology nec- (c) PENALTIES.—The penalties provided for in which the certification was required to be sub- essary for access to the Internet. subsections (b) and (c) of section 206 of the mitted by this subparagraph, the President shall (iv) GOODS, SERVICES, OR TECHNOLOGIES NEC- International Emergency Economic Powers Act make a determination under paragraph (2) or ESSARY TO ENSURE THE SAFE OPERATION OF COM- (50 U.S.C. 1705) shall apply to a person that vio- (3) of section 5(a) of the Iran Sanctions Act of MERCIAL AIRCRAFT.—The prohibition in sub- lates, attempts to violate, conspires to violate, or 1996 (as the case may be), as amended by sub- paragraph (A) shall not apply to the expor- causes a violation of this section or regulations section (a) of this section, with respect to rel- tation of goods, services, or technologies nec- prescribed under this section to the same extent evant activities described in subclause (I)(aa). essary to ensure the safe operation of commer- that such penalties apply to a person that com- (C) APPLICABILITY OF PERMISSIVE INVESTIGA- cial aircraft produced in the United States or mits an unlawful act described in section 206(a) TIONS.—During the 1-year period beginning on commercial aircraft into which aircraft compo- of that Act. the date of the enactment of this Act and during nents produced in the United States are incor- (d) REGULATORY AUTHORITY.— any 180-day period during which the effective porated, if the exportation of such goods, serv- (1) IN GENERAL.—The President shall prescribe date provided for in subparagraph (A) is de- ices, or technologies is approved by the Sec- regulations to carry out this section, which may layed pursuant to subparagraph (B), section retary of the Treasury, in consultation with the include regulatory exceptions to the sanctions 4(e) of the Iran Sanctions Act of 1996, as amend- Secretary of Commerce, pursuant to regulations described in subsection (b). ed by subsection (g)(5) of this section, shall be issued by the Secretary of the Treasury regard- (2) APPLICABILITY OF CERTAIN REGULATIONS.— applied, with respect to an activity described in ing the exportation of such goods, services, or No exception to the prohibition under subsection paragraph (2) or (3) of section 5(a) of the Iran technologies, if appropriate. (b)(1) may be made for the commercial importa- Sanctions Act of 1996, as amended by subsection (v) GOODS, SERVICES, OR TECHNOLOGIES EX- tion of an Iranian origin good described in sec- (a) of this section, by substituting ‘‘should’’ for PORTED TO SUPPORT INTERNATIONAL ORGANIZA- tion 560.534(a) of title 31, Code of Federal Regu- ‘‘shall’’ each place it appears. TIONS.—The prohibition in subparagraph (A) lations (as in effect on the day before the date (6) WAIVER AUTHORITY.—The amendments shall not apply to the exportation of goods, of the enactment of this Act), unless the Presi- made by subsection (c) shall not be construed to services, or technologies that— dent— affect any exercise of the authority under sec- (I) are provided to the International Atomic (A) prescribes a regulation providing for such tion 9(c) of the Iran Sanctions Act of 1996, as in Energy Agency and are necessary to support ac- an exception on or after the date of the enact- effect on the day before the date of the enact- tivities of that Agency in Iran; or ment of this Act; and ment of this Act. (II) are necessary to support activities, includ- (B) submits to the appropriate congressional SEC. 103. ECONOMIC SANCTIONS RELATING TO ing the activities of nongovernmental organiza- committees— IRAN. tions, relating to promoting democracy in Iran. (i) a certification in writing that the exception (a) IN GENERAL.—Notwithstanding section 101 (vi) EXPORTS IN THE NATIONAL INTEREST.—The is in the national interest of the United States; of the Iran Freedom Support Act (Public Law prohibition in subparagraph (A) shall not apply and 109–293; 120 Stat. 1344), and in addition to any to the exportation of goods, services, or tech- (ii) a report describing the reasons for the ex- other sanction in effect, beginning on the date nologies if the President determines the expor- ception. that is 90 days after the date of the enactment tation of such goods, services, or technologies to SEC. 104. MANDATORY SANCTIONS WITH RE- of this Act, the economic sanctions described in be in the national interest of the United States. SPECT TO FINANCIAL INSTITUTIONS subsection (b) shall apply with respect to Iran. (3) FREEZING ASSETS.— THAT ENGAGE IN CERTAIN TRANS- ACTIONS. (b) SANCTIONS.—The sanctions described in (A) IN GENERAL.—At such time as the Presi- this subsection are the following: dent determines that a person in Iran, including (a) FINDINGS.—Congress makes the following (1) PROHIBITION ON IMPORTS.— an Iranian diplomat or representative of an- findings: (A) IN GENERAL.—Except as provided in sub- other government or military or quasi-govern- (1) The Financial Action Task Force is an paragraph (B), no good or service of Iranian or- mental institution of Iran (including Iran’s Rev- intergovernmental body whose purpose is to de- igin may be imported directly or indirectly into olutionary Guard Corps and its affiliates), satis- velop and promote national and international the United States. fies the criteria for designation with respect to policies to combat money laundering and ter- (B) EXCEPTIONS.—The exceptions provided for the imposition of sanctions under the authority rorist financing. in section 203(b) of the International Emergency of the International Emergency Economic Pow- (2) Thirty-three countries, plus the European Economic Powers Act (50 U.S.C. 1702(b)), in- ers Act (50 U.S.C. 1701 et seq.), the President Commission and the Cooperation Council for the cluding the exception for information and infor- shall take such action as may be necessary to Arab States of the Gulf, belong to the Financial mational materials, shall apply to the prohibi- freeze, as soon as possible— Action Task Force. The member countries of the tion in subparagraph (A) of this paragraph to (i) the funds and other assets belonging to Financial Action Task Force include the United the same extent that such exceptions apply to that person; and States, Canada, most countries in western Eu- the authority provided under section 203(a) of (ii) any funds or other assets that person rope, Russia, the People’s Republic of China, that Act. transfers, on or after the date on which the Japan, South Korea, Argentina, and Brazil. (2) PROHIBITION ON EXPORTS.— President determines the person satisfies such (3) In 2008 the Financial Action Task Force (A) IN GENERAL.—Except as provided in sub- criteria, to any family member or associate act- extended its mandate to include addressing paragraph (B), no good, service, or technology ing for or on behalf of the person. ‘‘new and emerging threats such as proliferation

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financing’’, meaning the financing of the pro- (D) facilitates efforts by the Central Bank of (2) PENALTIES.—The penalties provided for in liferation of weapons of mass destruction, and Iran or any other Iranian financial institution sections 5321(a) and 5322 of title 31, United published ‘‘guidance papers’’ for members to as- to carry out an activity described in subpara- States Code, shall apply to a person that vio- sist them in implementing various United Na- graph (A) or (B); or lates a regulation prescribed under paragraph tions Security Council resolutions dealing with (E) facilitates a significant transaction or (1) of this subsection, in the same manner and weapons of mass destruction, including United transactions or provides significant financial to the same extent as such penalties would Nations Security Council Resolutions 1737 (2006) services for— apply to any person that is otherwise subject to and 1803 (2008), which deal specifically with (i) Iran’s Revolutionary Guard Corps or any such section 5321(a) or 5322. proliferation by Iran. of its agents or affiliates whose property or in- (f) WAIVER.—The Secretary of the Treasury (4) The Financial Action Task Force has re- terests in property are blocked pursuant to the may waive the application of a prohibition or peatedly called on members— International Emergency Economic Powers Act condition imposed with respect to a foreign fi- (A) to advise financial institutions in their ju- (50 U.S.C. 1701 et seq.); or nancial institution pursuant to subsection (c) or risdictions to give special attention to business (ii) a financial institution whose property or the imposition of a penalty under subsection (d) relationships and transactions with Iran, in- interests in property are blocked pursuant to with respect to a domestic financial institution cluding Iranian companies and financial insti- that Act in connection with— on and after the date that is 30 days after the tutions; (I) Iran’s proliferation of weapons of mass de- Secretary— (B) to apply effective countermeasures to pro- struction or delivery systems for weapons of tect their financial sectors from risks relating to mass destruction; or (1) determines that such a waiver is necessary money laundering and financing of terrorism (II) Iran’s support for international terrorism. to the national interest of the United States; that emanate from Iran; (3) PENALTIES.—The penalties provided for in and (C) to protect against correspondent relation- subsections (b) and (c) of section 206 of the (2) submits to the appropriate congressional ships being used by Iran and Iranian companies International Emergency Economic Powers Act committees a report describing the reasons for and financial institutions to bypass or evade (50 U.S.C. 1705) shall apply to a person that vio- the determination. countermeasures and risk-mitigation practices; lates, attempts to violate, conspires to violate, or (g) PROCEDURES FOR JUDICIAL REVIEW OF and causes a violation of regulations prescribed CLASSIFIED INFORMATION.— (D) to take into account risks relating to under paragraph (1) of this subsection to the (1) IN GENERAL.—If a finding under subsection money laundering and financing of terrorism same extent that such penalties apply to a per- (c)(1), a prohibition, condition, or penalty im- when considering requests by Iranian financial son that commits an unlawful act described in posed as a result of any such finding, or a pen- institutions to open branches and subsidiaries in section 206(a) of that Act. alty imposed under subsection (d), is based on their jurisdictions. (d) PENALTIES FOR DOMESTIC FINANCIAL INSTI- classified information (as defined in section 1(a) (5) At a February 2010 meeting of the Finan- TUTIONS FOR ACTIONS OF PERSONS OWNED OR cial Action Task Force, the Task Force called on of the Classified Information Procedures Act (18 CONTROLLED BY SUCH FINANCIAL INSTITU- U.S.C. App.)) and a court reviews the finding or members to apply countermeasures ‘‘to protect TIONS.— the international financial system from the on- the imposition of the prohibition, condition, or (1) IN GENERAL.—Not later than 90 days after penalty, the Secretary of the Treasury may sub- going and substantial money laundering and the date of the enactment of this Act, the Sec- terrorist financing (ML/TF) risks’’ emanating mit such information to the court ex parte and retary of the Treasury shall prescribe regula- in camera. from Iran. tions to prohibit any person owned or controlled (b) SENSE OF CONGRESS REGARDING THE IMPO- by a domestic financial institution from know- (2) RULE OF CONSTRUCTION.—Nothing in this SITION OF SANCTIONS ON THE CENTRAL BANK OF ingly engaging in a transaction or transactions subsection shall be construed to confer or imply IRAN.—Congress— with or benefitting Iran’s Revolutionary Guard any right to judicial review of any finding (1) acknowledges the efforts of the United Na- Corps or any of its agents or affiliates whose under subsection (c)(1), any prohibition, condi- tions Security Council to impose limitations on property or interests in property are blocked tion, or penalty imposed as a result of any such transactions involving Iranian financial institu- pursuant to the International Emergency Eco- finding, or any penalty imposed under sub- tions, including the Central Bank of Iran; and nomic Powers Act (50 U.S.C. 1701 et seq.). section (d). (2) urges the President, in the strongest terms, (2) PENALTIES.—The penalties provided for in (h) CONSULTATIONS IN IMPLEMENTATION OF to consider immediately using the authority of section 206(b) of the International Emergency REGULATIONS.—In implementing this section the President to impose sanctions on the Central Economic Powers Act (50 U.S.C. 1705(b)) shall and the regulations prescribed under this sec- Bank of Iran and any other Iranian financial apply to a domestic financial institution to the tion, the Secretary of the Treasury— institution engaged in proliferation activities or same extent that such penalties apply to a per- (1) shall consult with the Secretary of State; support of terrorist groups. son that commits an unlawful act described in and (c) PROHIBITIONS AND CONDITIONS WITH RE- section 206(a) of that Act if— SPECT TO CERTAIN ACCOUNTS HELD BY FOREIGN (2) may, in the sole discretion of the Secretary (A) a person owned or controlled by the do- FINANCIAL INSTITUTIONS.— of the Treasury, consult with such other agen- (1) IN GENERAL.—Not later than 90 days after mestic financial institution violates, attempts to cies and departments and such other interested the date of the enactment of this Act, the Sec- violate, conspires to violate, or causes a viola- parties as the Secretary considers appropriate. tion of regulations prescribed under paragraph retary of the Treasury shall prescribe regula- (i) DEFINITIONS.— (1) of this subsection; and tions to prohibit, or impose strict conditions on, (1) IN GENERAL.—In this section: the opening or maintaining in the United States (B) the domestic financial institution knew or (A) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- of a correspondent account or a payable- should have known that the person violated, at- ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- through account by a foreign financial institu- tempted to violate, conspired to violate, or count’’, ‘‘correspondent account’’, and ‘‘pay- tion that the Secretary finds knowingly engages caused a violation of such regulations. able-through account’’ have the meanings given in an activity described in paragraph (2). (e) REQUIREMENTS FOR FINANCIAL INSTITU- those terms in section 5318A of title 31, United (2) ACTIVITIES DESCRIBED.—A foreign finan- TIONS MAINTAINING ACCOUNTS FOR FOREIGN FI- cial institution engages in an activity described NANCIAL INSTITUTIONS.— States Code. in this paragraph if the foreign financial insti- (1) IN GENERAL.—The Secretary of the Treas- (B) AGENT.—The term ‘‘agent’’ includes an tution— ury shall prescribe regulations to require a do- entity established by a person for purposes of (A) facilitates the efforts of the Government of mestic financial institution maintaining a cor- conducting transactions on behalf of the person Iran (including efforts of Iran’s Revolutionary respondent account or payable-through account in order to conceal the identity of the person. Guard Corps or any of its agents or affiliates)— in the United States for a foreign financial in- (C) FINANCIAL INSTITUTION.—The term ‘‘finan- (i) to acquire or develop weapons of mass de- stitution to do one or more of the following: cial institution’’ means a financial institution struction or delivery systems for weapons of (A) Perform an audit of activities described in specified in subparagraph (A), (B), (C), (D), (E), mass destruction; or subsection (c)(2) that may be carried out by the (F), (G), (H), (I), (J), (M), or (Y) of section (ii) to provide support for organizations des- foreign financial institution. 5312(a)(2) of title 31, United States Code. ignated as foreign terrorist organizations under (B) Report to the Department of the Treasury (D) FOREIGN FINANCIAL INSTITUTION; DOMES- section 219(a) of the Immigration and Nation- with respect to transactions or other financial TIC FINANCIAL INSTITUTION.—The terms ‘‘foreign services provided with respect to any such activ- ality Act (8 U.S.C. 1189(a)) or support for acts of financial institution’’ and ‘‘domestic financial ity. international terrorism (as defined in section 14 institution’’ shall have the meanings of those of the Iran Sanctions Act of 1996 (Public Law (C) Certify, to the best of the knowledge of the domestic financial institution, that the foreign terms as determined by the Secretary of the 104–172; 50 U.S.C. 1701 note)); Treasury. (B) facilitates the activities of a person subject financial institution is not knowingly engaging to financial sanctions pursuant to United Na- in any such activity. (E) MONEY LAUNDERING.—The term ‘‘money tions Security Council Resolution 1737 (2006), (D) Establish due diligence policies, proce- laundering’’ means the movement of illicit cash 1747 (2007), 1803 (2008), or 1929 (2010), or any dures, and controls, such as the due diligence or cash equivalent proceeds into, out of, or other resolution that is agreed to by the Security policies, procedures, and controls described in through a country, or into, out of, or through a Council and imposes sanctions with respect to section 5318(i) of title 31, United States Code, financial institution. Iran; reasonably designed to detect whether the Sec- (2) OTHER DEFINITIONS.—The Secretary of the (C) engages in money laundering to carry out retary of the Treasury has found the foreign fi- Treasury may further define the terms used in an activity described in subparagraph (A) or nancial institution to knowingly engage in any this section in the regulations prescribed under (B); such activity. this section.

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SEC. 105. IMPOSITION OF SANCTIONS ON CER- (4) made public commitments to, and is mak- (b) STUDY BY UNITED STATES SENTENCING TAIN PERSONS WHO ARE RESPON- ing demonstrable progress toward— COMMISSION.—Not later than 1 year after the SIBLE FOR OR COMPLICIT IN HUMAN (A) establishing an independent judiciary; date of the enactment of this Act, the United RIGHTS ABUSES COMMITTED and States Sentencing Commission, pursuant to the AGAINST CITIZENS OF IRAN OR (B) respecting the human rights and basic THEIR FAMILY MEMBERS AFTER THE authority under sections 994 and 995 of title 28, JUNE 12, 2009, ELECTIONS IN IRAN. freedoms recognized in the Universal Declara- United States Code, and the responsibility of the tion of Human Rights. (a) IN GENERAL.—The President shall impose United States Sentencing Commission to advise sanctions described in subsection (c) with re- SEC. 106. PROHIBITION ON PROCUREMENT CON- Congress on sentencing policy under section spect to each person on the list required by sub- TRACTS WITH PERSONS THAT EX- 995(a)(20) of title 28, United States Code, shall PORT SENSITIVE TECHNOLOGY TO section (b). study and submit to Congress a report on the IRAN. impact and advisability of imposing a manda- (b) LIST OF PERSONS WHO ARE RESPONSIBLE (a) IN GENERAL.—Except as provided in sub- tory minimum sentence for violations of— FOR OR COMPLICIT IN CERTAIN HUMAN RIGHTS section (b), and pursuant to such regulations as (1) section 5(a) of the United Nations Partici- ABUSES.— the President may prescribe, the head of an ex- pation Act of 1945 (22 U.S.C. 287c(a)); (1) IN GENERAL.—Not later than 90 days after ecutive agency may not enter into or renew a the date of the enactment of this Act, the Presi- (2) sections 38, 39, and 40 of the Arms Export contract, on or after the date that is 90 days Control Act (22 U.S.C. 2778, 2779, and 2780); and dent shall submit to the appropriate congres- after the date of the enactment of this Act, for sional committees a list of persons who are offi- (3) the Trading with the enemy Act (50 U.S.C. the procurement of goods or services with a per- App. 1 et seq.). cials of the Government of Iran or persons act- son that exports sensitive technology to Iran. SEC. 108. AUTHORITY TO IMPLEMENT UNITED NA- ing on behalf of that Government (including (b) AUTHORIZATION TO EXEMPT CERTAIN members of paramilitary organizations such as TIONS SECURITY COUNCIL RESOLU- PRODUCTS.—The President is authorized to ex- TIONS IMPOSING SANCTIONS WITH Ansar-e-Hezbollah and Basij-e Mostaz’afin), empt from the prohibition under subsection (a) RESPECT TO IRAN. that the President determines, based on credible only eligible products, as defined in section In addition to any other authority of the evidence, are responsible for or complicit in, or 308(4) of the Trade Agreements Act of 1979 (19 President with respect to implementing resolu- responsible for ordering, controlling, or other- U.S.C. 2518(4)), of any foreign country or in- tions of the United Nations Security Council, wise directing, the commission of serious human strumentality designated under section 301(b) of the President may prescribe such regulations as rights abuses against citizens of Iran or their that Act (19 U.S.C. 2511(b)). may be necessary to implement a resolution that family members on or after June 12, 2009, re- (c) SENSITIVE TECHNOLOGY DEFINED.— is agreed to by the United Nations Security gardless of whether such abuses occurred in (1) IN GENERAL.—The term ‘‘sensitive tech- Council and imposes sanctions with respect to Iran. nology’’ means hardware, software, tele- Iran. (2) UPDATES OF LIST.—The President shall communications equipment, or any other tech- submit to the appropriate congressional commit- nology, that the President determines is to be SEC. 109. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL OR TERRORIST tees an updated list under paragraph (1)— used specifically— FINANCING. (A) to restrict the free flow of unbiased infor- (A) not later than 270 days after the date of (a) FINDINGS.—Congress finds the following: the enactment of this Act and every 180 days mation in Iran; or (1) The work of the Office of Terrorism and (B) to disrupt, monitor, or otherwise restrict thereafter; and Financial Intelligence of the Department of the speech of the people of Iran. (B) as new information becomes available. Treasury, which includes the Office of Foreign (3) FORM OF REPORT; PUBLIC AVAILABILITY.— (2) EXCEPTION.—The term ‘‘sensitive tech- nology’’ does not include information or infor- Assets Control and the Financial Crimes En- (A) FORM.—The list required by paragraph (1) forcement Network, is critical to ensuring that shall be submitted in unclassified form but may mational materials the exportation of which the President does not have the authority to regu- the international financial system is not used contain a classified annex. for purposes of supporting terrorism and devel- (B) PUBLIC AVAILABILITY.—The unclassified late or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers oping weapons of mass destruction. portion of the list required by paragraph (1) (2) The Secretary of the Treasury has des- Act (50 U.S.C. 1702(b)(3)). shall be made available to the public and posted ignated, including most recently on June 16, on the websites of the Department of the Treas- (d) GOVERNMENT ACCOUNTABILITY OFFICE RE- PORT ON EFFECT OF PROCUREMENT PROHIBI- 2010, various Iranian individuals and banking, ury and the Department of State. military, energy, and shipping entities as (4) CONSIDERATION OF DATA FROM OTHER TION.—Not later than 1 year after the date of the enactment of this Act, the Comptroller Gen- proliferators of weapons of mass destruction COUNTRIES AND NONGOVERNMENTAL ORGANIZA- pursuant to Executive Order 13382 (50 U.S.C. TIONS.—In preparing the list required by para- eral of the United States shall submit to the ap- propriate congressional committees, the Com- 1701 note), thereby blocking transactions subject graph (1), the President shall consider credible to the jurisdiction of the United States by those data already obtained by other countries and mittee on Armed Services of the Senate, and the Committee on Armed Services of the House of individuals and entities and their supporters. nongovernmental organizations, including orga- (3) The Secretary of the Treasury has also nizations in Iran, that monitor the human Representatives, a report assessing the extent to which executive agencies would have entered identified an array of entities in the insurance, rights abuses of the Government of Iran. petroleum, and petrochemicals industries that (c) SANCTIONS DESCRIBED.—The sanctions de- into or renewed contracts for the procurement of goods or services with persons that export sen- the Secretary has determined to be owned or scribed in this subsection are ineligibility for a controlled by the Government of Iran and added visa to enter the United States and sanctions sitive technology to Iran if the prohibition under subsection (a) were not in effect. those entities to the list contained in Appendix pursuant to the International Emergency Eco- A to part 560 of title 31, Code of Federal Regula- SEC. 107. HARMONIZATION OF CRIMINAL PEN- nomic Powers Act (50 U.S.C. 1701 et seq.), in- tions (commonly known as the ‘‘Iranian Trans- cluding blocking of property and restrictions or ALTIES FOR VIOLATIONS OF SANC- TIONS. actions Regulations’’), thereby prohibiting prohibitions on financial transactions and the (a) IN GENERAL.— transactions between United States persons and exportation and importation of property, subject (1) VIOLATIONS OF UNITED NATIONS SECURITY those entities. to such regulations as the President may pre- COUNCIL RESOLUTIONS IMPOSING SANCTIONS.— (b) AUTHORIZATION OF APPROPRIATIONS FOR scribe, including regulatory exceptions to permit Section 5(b) of the United Nations Participation OFFICE OF TERRORISM AND FINANCIAL INTEL- the United States to comply with the Agreement Act of 1945 (22 U.S.C. 287c(b)) is amended— LIGENCE.—There are authorized to be appro- between the United Nations and the United (A) by striking ‘‘find not more than $10,000’’ priated to the Secretary of the Treasury for the States of America regarding the Headquarters of and inserting ‘‘fined not more than $1,000,000’’; Office of Terrorism and Financial Intelligence— the United Nations, signed June 26, 1947, and and (1) $102,613,000 for fiscal year 2011; and entered into force November 21, 1947, and other (B) by striking ‘‘ten years’’ and all that fol- (2) such sums as may be necessary for each of applicable international obligations. lows and inserting ‘‘20 years, or both.’’. the fiscal years 2012 and 2013. (d) TERMINATION OF SANCTIONS.—The provi- (2) VIOLATIONS OF CONTROLS ON EXPORTS AND (c) AUTHORIZATION OF APPROPRIATIONS FOR sions of this section shall terminate on the date IMPORTS OF DEFENSE ARTICLES AND DEFENSE THE FINANCIAL CRIMES ENFORCEMENT NET- on which the President determines and certifies SERVICES.—Section 38(c) of the Arms Export WORK.—Section 310(d)(1) of title 31, United to the appropriate congressional committees that Control Act (22 U.S.C. 2778(c)) is amended by States Code, is amended by striking ‘‘such sums the Government of Iran has— striking ‘‘ten years’’ and inserting ‘‘20 years’’. as may be necessary for fiscal years 2002, 2003, (1) unconditionally released all political pris- (3) VIOLATIONS OF PROHIBITION ON TRANS- 2004, and 2005’’ and inserting ‘‘$100,419,000 for oners, including the citizens of Iran detained in ACTIONS WITH COUNTRIES THAT SUPPORT ACTS OF fiscal year 2011 and such sums as may be nec- the aftermath of the June 12, 2009, presidential INTERNATIONAL TERRORISM.—Section 40(j) of the essary for each of the fiscal years 2012 and election in Iran; Arms Export Control Act (22 U.S.C. 2780(j)) is 2013’’. (2) ceased its practices of violence, unlawful amended by striking ‘‘10 years’’ and inserting (d) AUTHORIZATION OF APPROPRIATIONS FOR detention, torture, and abuse of citizens of Iran ‘‘20 years’’. BUREAU OF INDUSTRY AND SECURITY OF THE DE- while engaging in peaceful political activity; (4) VIOLATIONS OF THE TRADING WITH THE PARTMENT OF COMMERCE.—There are author- (3) conducted a transparent investigation into ENEMY ACT.—Section 16(a) of the Trading with ized to be appropriated to the Secretary of Com- the killings, arrests, and abuse of peaceful polit- the enemy Act (50 U.S.C. App. 16(a)) is amended merce for the Bureau of Industry and Security ical activists that occurred in the aftermath of by striking ‘‘if a natural person’’ and all that of the Department of Commerce— the June 12, 2009, presidential election in Iran follows and inserting ‘‘if a natural person, be (1) $113,000,000 for fiscal year 2011; and and prosecuted the individuals responsible for imprisoned for not more than 20 years, or (2) such sums as may be necessary for each of such killings, arrests, and abuse; and both.’’. the fiscal years 2012 and 2013.

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SEC. 110. REPORTS ON INVESTMENTS IN THE EN- (2) identify, as soon as possible— (2) FINANCIAL INSTITUTION.—The term ‘‘finan- ERGY SECTOR OF IRAN. (A) any foreign individual or entity that is an cial institution’’ has the meaning given that (a) INITIAL REPORT.— agent, alias, front, instrumentality, official, or term in section 14 of the Iran Sanctions Act of (1) IN GENERAL.—Not later than 90 days after affiliate of Iran’s Revolutionary Guard Corps; 1996 (Public Law 104–172; 50 U.S.C. 1701 note). the date of the enactment of this Act, the Presi- (B) any individual or entity that— (3) IRAN.—The term ‘‘Iran’’ includes the Gov- dent shall submit to the appropriate congres- (i) has provided material support to any indi- ernment of Iran and any agency or instrumen- sional committees a report— vidual or entity described in subparagraph (A); tality of Iran. (A) on investments in the energy sector of or (4) PERSON.—The term ‘‘person’’ means— Iran that were made during the period described (ii) has conducted any financial or commercial (A) a natural person, corporation, company, in paragraph (2); and transaction with any such individual or entity; business association, partnership, society, trust, (B) that contains— and or any other nongovernmental entity, organiza- (i) an estimate of the volume of energy-related (C) any foreign government that— tion, or group; resources (other than refined petroleum), in- (i) provides material support to any such indi- (B) any governmental entity or instrumen- cluding ethanol, that Iran imported during the vidual or entity; or tality of a government, including a multilateral period described in paragraph (2); and (ii) conducts any commercial transaction or fi- development institution (as defined in section (ii) a list of all significant known energy-re- nancial transaction with any such individual or 1701(c)(3) of the International Financial Institu- lated joint ventures, investments, and partner- entity; and tions Act (22 U.S.C. 262r(c)(3))); and ships located outside Iran that involve Iranian (3) immediately impose sanctions, including (C) any successor, subunit, parent entity, or entities in partnership with entities from other travel restrictions, sanctions authorized pursu- subsidiary of, or any entity under common own- countries, including an identification of the en- ant to this Act or the Iran Sanctions Act of 1996, ership or control with, any entity described in tities from other countries; and as amended by section 102 of this Act, and the subparagraph (A) or (B). (iii) an estimate of— full range of sanctions available to the Presi- (5) STATE.—The term ‘‘State’’ means each of (I) the total value of each such joint venture, dent under the International Emergency Eco- the several States, the District of Columbia, the investment, and partnership; and nomic Powers Act (50 U.S.C. 1701 et seq.), on the Commonwealth of Puerto Rico, the Common- (II) the percentage of each such joint venture, individuals, entities, and governments described wealth of the Northern Mariana Islands, Amer- investment, and partnership owned by an Ira- in paragraph (2). ican Samoa, Guam, the United States Virgin Is- nian entity. SEC. 113. SENSE OF CONGRESS REGARDING IRAN lands, and any other territory or possession of (2) PERIOD DESCRIBED.—The period described AND HEZBOLLAH. the United States. in this paragraph is the period beginning on It is the sense of Congress that the United (6) STATE OR LOCAL GOVERNMENT.—The term January 1, 2006, and ending on the date that is States should— ‘‘State or local government’’ includes— 60 days after the date of the enactment of this (1) continue to counter support received by (A) any State and any agency or instrumen- Act. Hezbollah from the Government of Iran and tality thereof; (b) UPDATED REPORTS.—Not later than 180 other foreign governments in response to (B) any local government within a State, and days after submitting the report required by sub- Hezbollah’s terrorist activities and the threat any agency or instrumentality thereof; section (a), and every 180 days thereafter, the Hezbollah poses to Israel, the democratic sov- (C) any other governmental instrumentality of President shall submit to the appropriate con- ereignty of Lebanon, and the national security a State or locality; and gressional committees a report containing the interests of the United States; (D) any public institution of higher education matters required in the report under subsection (2) impose the full range of sanctions avail- within the meaning of the Higher Education Act (a)(1) for the 180-day period beginning on the able to the President under the International of 1965 (20 U.S.C. 1001 et seq.). date that is 30 days before the date on which Emergency Economic Powers Act (50 U.S.C. 1701 SEC. 202. AUTHORITY OF STATE AND LOCAL GOV- the preceding report was required to be sub- et seq.) on Hezbollah, affiliates and supporters ERNMENTS TO DIVEST FROM CER- mitted by this section. of Hezbollah designated for the imposition of TAIN COMPANIES THAT INVEST IN SEC. 111. REPORTS ON CERTAIN ACTIVITIES OF sanctions under that Act, and persons providing IRAN. FOREIGN EXPORT CREDIT AGENCIES Hezbollah with commercial, financial, or other (a) SENSE OF CONGRESS.—It is the sense of AND OF THE EXPORT-IMPORT BANK services; Congress that the United States should support OF THE UNITED STATES. (3) urge the European Union, individual the decision of any State or local government (a) REPORT ON CERTAIN ACTIVITIES OF EX- countries in Europe, and other countries to clas- that for moral, prudential, or reputational rea- PORT CREDIT AGENCIES OF FOREIGN COUN- sify Hezbollah as a terrorist organization to fa- sons divests from, or prohibits the investment of TRIES.— cilitate the disruption of Hezbollah’s operations; assets of the State or local government in, a per- (1) IN GENERAL.—Not later than 90 days after and son that engages in investment activities in the the date of the enactment of this Act, the Presi- (4) renew international efforts to disarm energy sector of Iran, as long as Iran is subject dent shall submit to the appropriate congres- Hezbollah and disband its militias in Lebanon, to economic sanctions imposed by the United sional committees a report on any activity of an as called for by United Nations Security Council States. export credit agency of a foreign country that is Resolutions 1559 (2004) and 1701 (2006). (b) AUTHORITY TO DIVEST.—Notwithstanding an activity comparable to an activity described SEC. 114. SENSE OF CONGRESS REGARDING THE any other provision of law, a State or local gov- in subsection (a) or (b) of section 5 of the Iran IMPOSITION OF MULTILATERAL ernment may adopt and enforce measures that Sanctions Act of 1996, as amended by section 102 SANCTIONS WITH RESPECT TO IRAN. meet the requirements of subsection (d) to divest of this Act. It is the sense of Congress that— the assets of the State or local government from, (2) UPDATES.—The President shall update the (1) in general, effective multilateral sanctions or prohibit investment of the assets of the State report required by paragraph (1) as new infor- are preferable to unilateral sanctions in order to or local government in, any person that the mation becomes available with respect to the ac- achieve desired results from countries such as State or local government determines, using tivities of export credit agencies of foreign coun- Iran; and credible information available to the public, en- tries. (2) the President should continue to work gages in investment activities in Iran described (b) REPORT ON CERTAIN FINANCING BY THE EX- with allies of the United States to impose such in subsection (c). PORT-IMPORT BANK OF THE UNITED STATES.— sanctions as may be necessary to prevent the (c) INVESTMENT ACTIVITIES DESCRIBED.—A Not later than 30 days (or, in extraordinary cir- Government of Iran from acquiring a nuclear person engages in investment activities in Iran cumstances, not later than 15 days) before the weapons capability. described in this subsection if the person— Export-Import Bank of the United States ap- SEC. 115. REPORT ON PROVIDING COMPENSA- (1) has an investment of $20,000,000 or more in proves cofinancing (including loans, guaran- TION FOR VICTIMS OF INTER- the energy sector of Iran, including in a person NATIONAL TERRORISM. tees, other credits, insurance, and reinsurance) that provides oil or liquified natural gas tank- Not later than 180 days after the date of the in which an export credit agency of a foreign ers, or products used to construct or maintain enactment of this Act, the President shall sub- country identified in the report required by sub- pipelines used to transport oil or liquified nat- mit to the appropriate congressional committees section (a) will participate, the President shall ural gas, for the energy sector of Iran; or a report on equitable methods for providing com- submit to the appropriate congressional commit- (2) is a financial institution that extends pensation on a comprehensive basis to victims of tees a report identifying— $20,000,000 or more in credit to another person, acts of international terrorism who are citizens (1) the export credit agency of the foreign for 45 days or more, if that person will use the or residents of the United States or nationals of country; and credit for investment in the energy sector of the United States (as defined in section 101(a) of (2) the beneficiaries of the financing. Iran. the Immigration and Nationality Act (8 U.S.C. (d) REQUIREMENTS.—Any measure taken by a SEC. 112. SENSE OF CONGRESS REGARDING 1101(a)). IRAN’S REVOLUTIONARY GUARD State or local government under subsection (b) CORPS AND ITS AFFILIATES. TITLE II—DIVESTMENT FROM CERTAIN shall meet the following requirements: It is the sense of Congress that the United COMPANIES THAT INVEST IN IRAN (1) NOTICE.—The State or local government States should— SEC. 201. DEFINITIONS. shall provide written notice to each person to (1) persistently target Iran’s Revolutionary In this title: which a measure is to be applied. Guard Corps and its affiliates with economic (1) ENERGY SECTOR OF IRAN.—The term ‘‘en- (2) TIMING.—The measure shall apply to a sanctions for its support for terrorism, its role in ergy sector of Iran’’ refers to activities to de- person not earlier than the date that is 90 days proliferation, and its oppressive activities velop petroleum or natural gas resources or nu- after the date on which written notice is pro- against the people of Iran; clear power in Iran. vided to the person under paragraph (1).

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(3) OPPORTUNITY FOR HEARING.—The State or may bring any civil, criminal, or administrative (2) APPLICABILITY.—The amendment made by local government shall provide an opportunity action against any registered investment com- paragraph (1) shall apply as if included in the to comment in writing to each person to which pany, or any employee, officer, director, or in- Sudan Accountability and Divestment Act of a measure is to be applied. If the person dem- vestment adviser thereof, based solely upon the 2007 (Public Law 110–174; 50 U.S.C. 1701 note). onstrates to the State or local government that investment company divesting from, or avoiding TITLE III—PREVENTION OF DIVERSION OF the person does not engage in investment activi- investing in, securities issued by persons that CERTAIN GOODS, SERVICES, AND TECH- ties in Iran described in subsection (c), the the investment company determines, using cred- NOLOGIES TO IRAN measure shall not apply to the person. ible information available to the public— (4) SENSE OF CONGRESS ON AVOIDING ERRO- ‘‘(A) conduct or have direct investments in SEC. 301. DEFINITIONS. NEOUS TARGETING.—It is the sense of Congress business operations in Sudan described in sec- In this title: that a State or local government should not tion 3(d) of the Sudan Accountability and Di- (1) ALLOW.—The term ‘‘allow’’, with respect adopt a measure under subsection (b) with re- vestment Act of 2007 (50 U.S.C. 1701 note); or to the diversion through a country of goods, spect to a person unless the State or local gov- ‘‘(B) engage in investment activities in Iran services, or technologies, means the government ernment has made every effort to avoid erro- described in section 202(c) of the Comprehensive of the country knows or has reason to know neously targeting the person and has verified Iran Sanctions, Accountability, and Divestment that the territory of the country is being used that the person engages in investment activities Act of 2010.’’. for such diversion. in Iran described in subsection (c). (b) SEC REGULATIONS.—Not later than 120 (2) APPROPRIATE CONGRESSIONAL COMMIT- (e) NOTICE TO DEPARTMENT OF JUSTICE.—Not days after the date of the enactment of this Act, TEES.—The term ‘‘appropriate congressional later than 30 days after adopting a measure the Securities and Exchange Commission shall committees’’ means— pursuant to subsection (b), a State or local gov- issue any revisions the Commission determines (A) the Committee on Banking, Housing, and ernment shall submit written notice to the Attor- to be necessary to the regulations requiring dis- Urban Affairs, the Committee on Foreign Rela- ney General describing the measure. closure by each registered investment company tions, and the Select Committee on Intelligence (f) NONPREEMPTION.—A measure of a State or that divests itself of securities in accordance of the Senate; and local government authorized under subsection with section 13(c) of the Investment Company (B) the Committee on Foreign Affairs and the (b) or (i) is not preempted by any Federal law or Act of 1940 to include divestments of securities Permanent Select Committee on Intelligence of regulation. in accordance with paragraph (1)(B) of such the House of Representatives. (g) DEFINITIONS.—In this section: section, as added by subsection (a) of this sec- (3) COMMERCE CONTROL LIST.—The term (1) ASSETS.— tion. ‘‘Commerce Control List’’ means the list main- (A) IN GENERAL.—Except as provided in sub- SEC. 204. SENSE OF CONGRESS REGARDING CER- tained pursuant to part 774 of the Export Ad- paragraph (B), the term ‘‘assets’’ refers to pub- TAIN ERISA PLAN INVESTMENTS. ministration Regulations (or any corresponding lic monies and includes any pension, retirement, It is the sense of Congress that a fiduciary of similar regulation or ruling). annuity, or endowment fund, or similar instru- an employee benefit plan, as defined in section (4) DIVERT; DIVERSION.—The terms ‘‘divert’’ ment, that is controlled by a State or local gov- 3(3) of the Employee Retirement Income Security and ‘‘diversion’’ refer to the transfer or release, ernment. Act of 1974 (29 U.S.C. 1002(3)), may divest plan directly or indirectly, of a good, service, or tech- (B) EXCEPTION.—The term ‘‘assets’’ does not assets from, or avoid investing plan assets in, nology to an end-user or an intermediary that is include employee benefit plans covered by title I any person the fiduciary determines engages in not an authorized recipient of the good, service, of the Employee Retirement Income Security Act investment activities in Iran described in section or technology. of 1974 (29 U.S.C. 1001 et seq.). 202(c) of this Act, without breaching the respon- (5) END-USER.—The term ‘‘end-user’’, with re- (2) INVESTMENT.—The ‘‘investment’’ in- sibilities, obligations, or duties imposed upon the cludes— spect to a good, service, or technology, means fiduciary by subparagraph (A) or (B) of section the person that receives and ultimately uses the (A) a commitment or contribution of funds or 404(a)(1) of the Employee Retirement Income Se- property; good, service, or technology. curity Act of 1974 (29 U.S.C. 1104(a)(1)), if— (6) EXPORT ADMINISTRATION REGULATIONS.— (B) a loan or other extension of credit; and (1) the fiduciary makes such determination (C) the entry into or renewal of a contract for The term ‘‘Export Administration Regulations’’ using credible information that is available to goods or services. means subchapter C of chapter VII of title 15, the public; and (h) EFFECTIVE DATE.— Code of Federal Regulations (or any cor- (2) the fiduciary prudently determines that (1) IN GENERAL.—Except as provided in para- responding similar regulation or ruling). graph (2) or subsection (i), this section applies the result of such divestment or avoidance of in- vestment would not be expected to provide the (7) GOVERNMENT.—The term ‘‘government’’ in- to measures adopted by a State or local govern- cludes any agency or instrumentality of a gov- ment before, on, or after the date of the enact- employee benefit plan with— (A) a lower rate of return than alternative in- ernment. ment of this Act. vestments with commensurate degrees of risk; or (8) INTERMEDIARY.—The term ‘‘intermediary’’ (2) NOTICE REQUIREMENTS.—Except as pro- (B) a higher degree of risk than alternative means a person that receives a good, service, or vided in subsection (i), subsections (d) and (e) investments with commensurate rates of return. technology while the good, service, or tech- apply to measures adopted by a State or local SEC. 205. TECHNICAL CORRECTIONS TO SUDAN nology is in transit to the end-user of the good, government on or after the date of the enact- ACCOUNTABILITY AND DIVESTMENT service, or technology. ment of this Act. ACT OF 2007. (9) INTERNATIONAL TRAFFIC IN ARMS REGULA- (i) AUTHORIZATION FOR PRIOR ENACTED MEAS- (a) ERISA PLAN INVESTMENTS.—Section 5 of TIONS.—The term ‘‘International Traffic in Arms URES.— the Sudan Accountability and Divestment Act of Regulations’’ means subchapter M of chapter I (1) IN GENERAL.—Notwithstanding any other 2007 (Public Law 110–174; 50 U.S.C. 1701 note) is of title 22, Code of Federal Regulations (or any provision of this section or any other provision amended— corresponding similar regulation or ruling). of law, a State or local government may enforce (1) by striking ‘‘section 404 of the Employee (10) IRAN.—The term ‘‘Iran’’ includes the Gov- a measure (without regard to the requirements Retirement Income Security Act of 1974 (29 ernment of Iran and any agency or instrumen- of subsection (d), except as provided in para- U.S.C. 1104)’’ and inserting ‘‘subparagraph (A) tality of Iran. graph (2)) adopted by the State or local govern- or (B) of section 404(a)(1) of the Employee Re- (11) IRANIAN END-USER.—The term ‘‘Iranian ment before the date of the enactment of this tirement Income Security Act of 1974 (29 U.S.C. end-user’’ means an end-user that is the Gov- Act that provides for the divestment of assets of 1104(a)(1))’’; and ernment of Iran or a person in, or an agency or the State or local government from, or prohibits (2) by striking paragraph (2) and inserting the instrumentality of, Iran. the investment of the assets of the State or local following: (12) IRANIAN INTERMEDIARY.—The term ‘‘Ira- government in, any person that the State or ‘‘(2) the fiduciary prudently determines that nian intermediary’’ means an intermediary that local government determines, using credible in- the result of such divestment or avoidance of in- is the Government of Iran or a person in, or an formation available to the public, engages in in- vestment would not be expected to provide the agency or instrumentality of, Iran. vestment activities in Iran (determined without employee benefit plan with— (13) STATE SPONSOR OF TERRORISM.—The term regard to subsection (c)) or other business activi- ‘‘(A) a lower rate of return than alternative ‘‘state sponsor of terrorism’’ means any country ties in Iran that are identified in the measure. investments with commensurate degrees of risk; the government of which the Secretary of State (2) APPLICATION OF NOTICE REQUIREMENTS.—A or measure described in paragraph (1) shall be sub- ‘‘(B) a higher degree of risk than alternative has determined has repeatedly provided support ject to the requirements of paragraphs (1) and investments with commensurate rates of re- for acts of international terrorism pursuant to— (2) and the first sentence of paragraph (3) of turn.’’. (A) section 6(j)(1)(A) of the Export Adminis- subsection (d) on and after the date that is 2 (b) SAFE HARBOR FOR CHANGES OF INVEST- tration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) years after the date of the enactment of this MENT POLICIES BY ASSET MANAGERS.— (or any successor thereto); Act. (1) IN GENERAL.—Section 13(c)(2)(A) of the In- (B) section 40(d) of the Arms Export Control SEC. 203. SAFE HARBOR FOR CHANGES OF IN- vestment Company Act of 1940 (15 U.S.C. 80a– Act (22 U.S.C. 2780(d)); or VESTMENT POLICIES BY ASSET MAN- 13(c)(2)(A)) is amended to read as follows: (C) section 620A(a) of the Foreign Assistance AGERS. ‘‘(A) RULE OF CONSTRUCTION.—Nothing in Act of 1961 (22 U.S.C. 2371(a)). (a) IN GENERAL.—Section 13(c)(1) of the In- paragraph (1) shall be construed to create, (14) UNITED STATES MUNITIONS LIST.—The vestment Company Act of 1940 (15 U.S.C. 80a– imply, diminish, change, or affect in any way term ‘‘United States Munitions List’’ means the 13(c)(1)) is amended to read as follows: whether or not a private right of action exists list maintained pursuant to part 121 of the ‘‘(1) IN GENERAL.—Notwithstanding any other under subsection (a) or any other provision of International Traffic in Arms Regulations (or provision of Federal or State law, no person this Act.’’. any corresponding similar regulation or ruling).

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IDENTIFICATION OF COUNTRIES OF President determines are diverted through the clear, biological, and chemical weapons, defense CONCERN WITH RESPECT TO THE DI- country to Iranian end-users or Iranian inter- technologies, components for improvised explo- VERSION OF CERTAIN GOODS, SERV- mediaries. sive devices, and other defense articles; and ICES, AND TECHNOLOGIES TO OR (c) LICENSING REQUIREMENT.—Not later than (C) encouraging the government of the coun- THROUGH IRAN. 45 days after submitting a report required by try to participate in the Proliferation Security (a) IN GENERAL.—Not later than 180 days subsection (b) with respect to a country des- Initiative, such as by entering into a ship board- after the date of the enactment of this Act, the ignated as a Destination of Diversion Concern ing agreement pursuant to the Initiative. Director of National Intelligence shall submit to under subsection (a), the President shall require (e) TERMINATION OF DESIGNATION.—The des- the President, the Secretary of Defense, the Sec- a license under the Export Administration Regu- ignation of a country as a Destination of Diver- retary of Commerce, the Secretary of State, the lations or the International Traffic in Arms sion Concern under subsection (a) shall termi- Secretary of the Treasury, and the appropriate Regulations (whichever is applicable) to export nate on the date on which the President deter- congressional committees a report that identifies to that country a good, service, or technology on mines, and certifies to the appropriate congres- each country the government of which the Di- the list required under subsection (b)(2), with sional committees, that the country has ade- rector believes, based on all information avail- the presumption that any application for such a quately strengthened the export control system able to the Director, is allowing the diversion license will be denied. of the country to prevent the diversion of goods, through the country of goods, services, or tech- (d) DELAY OF IMPOSITION OF LICENSING RE- services, and technologies described in section nologies described in subsection (b) to Iranian QUIREMENT.— 302(b) to Iranian end-users or Iranian inter- end-users or Iranian intermediaries. (1) IN GENERAL.—The President may delay the mediaries. (b) GOODS, SERVICES, AND TECHNOLOGIES DE- imposition of the licensing requirement under (f) FORM OF REPORTS.—A report required by SCRIBED.—Goods, services, or technologies de- subsection (c) with respect to a country des- subsection (b) or (d) may be submitted in classi- scribed in this subsection are goods, services, or ignated as a Destination of Diversion Concern fied form. technologies— under subsection (a) for a 12-month period if the SEC. 304. REPORT ON EXPANDING DIVERSION (1) that— President— CONCERN SYSTEM TO ADDRESS THE (A) originated in the United States; DIVERSION OF UNITED STATES ORI- (B) would make a material contribution to (A) determines that the government of the GIN GOODS, SERVICES, AND TECH- Iran’s— country is taking steps— NOLOGIES TO CERTAIN COUNTRIES (i) development of nuclear, chemical, or bio- (i) to institute an export control system or OTHER THAN IRAN. logical weapons; strengthen the export control system of the (a) IN GENERAL.—Not later than 1 year after (ii) ballistic missile or advanced conventional country; the date of the enactment of this Act, the Presi- weapons capabilities; or (ii) to interdict the diversion of goods, serv- dent shall submit to the appropriate congres- (iii) support for international terrorism; and ices, or technologies described in section 302(b) sional committees a report that— (C) are— through the country to Iranian end-users or (1) identifies any country that the President (i) items on the Commerce Control List or serv- Iranian intermediaries; and determines is allowing the diversion, in violation ices related to those items; or (iii) to comply with and enforce United Na- of United States law, of items on the Commerce (ii) defense articles or defense services on the tions Security Council Resolutions 1696 (2006), Control List or services related to those items, or United States Munitions List; or 1737 (2006), 1747 (2007), 1803 (2008), and 1929 defense articles or defense services on the (2) that are prohibited for export to Iran (2010), and any other resolution that is agreed United States Munitions List, that originated in under a resolution of the United Nations Secu- to by the Security Council and imposes sanc- the United States to another country if such rity Council. tions with respect to Iran; other country— (c) UPDATES.—The Director of National Intel- (B) determines that it is appropriate to carry (A) is seeking to obtain nuclear, biological, or ligence shall update the report required by sub- out government-to-government activities to chemical weapons, or ballistic missiles; or section (a)— strengthen the export control system of the (B) provides support for acts of international (1) as new information becomes available; and country; and terrorism; and (2) not less frequently than annually. (C) submits to the appropriate congressional (2) assesses the feasability and advisability of (d) FORM.—The report required by subsection committees a report describing the steps speci- expanding the system established under section (a) and the updates required by subsection (c) fied in subparagraph (A) being taken by the 303 for designating countries as Destinations of may be submitted in classified form. government of the country. Diversion Concern to include countries identi- SEC. 303. DESTINATIONS OF DIVERSION CON- (2) ADDITIONAL 12-MONTH PERIODS.—The fied under paragraph (1). CERN. President may delay the imposition of the li- (b) FORM.—The report required by subsection (a) DESIGNATION.— censing requirement under subsection (c) with (a) may be submitted in classified form. (1) IN GENERAL.—The President shall des- respect to a country designated as a Destination SEC. 305. ENFORCEMENT AUTHORITY. ignate a country as a Destination of Diversion of Diversion Concern under subsection (a) for The Secretary of Commerce may designate any Concern if the President determines that the additional 12-month periods after the 12-month employee of the Office of Export Enforcement of government of the country allows substantial di- period referred to in paragraph (1) if the Presi- the Department of Commerce to conduct activi- version of goods, services, or technologies de- dent, for each such 12-month period— ties specified in clauses (i), (ii), and (iii) of sec- scribed in section 302(b) through the country to (A) makes the determinations described in tion 12(a)(3)(B) of the Export Administration Iranian end-users or Iranian intermediaries. subparagraphs (A) and (B) of paragraph (1) Act of 1979 (50 U.S.C. App. 2411(a)(3)(B)) when (2) DETERMINATION OF SUBSTANTIAL.—For with respect to the country; and the employee is carrying out activities to en- purposes of paragraph (1), the President shall (B) submits to the appropriate congressional force— determine whether the government of a country committees an updated version of the report re- (1) the provisions of the Export Administra- allows substantial diversion of goods, services, quired by subparagraph (C) of paragraph (1). tion Act of 1979 (50 U.S.C. App. 2401 et seq.) (as or technologies described in section 302(b) (3) STRENGTHENING EXPORT CONTROL SYS- in effect pursuant to the International Emer- through the country to Iranian end-users or TEMS.—If the President determines under para- gency Economic Powers Act (50 U.S.C. 1701 et Iranian intermediaries based on criteria that in- graph (1)(B) that is it appropriate to carry out seq.)); clude— government-to-government activities to strength- (2) the provisions of this title, or any other (A) the volume of such goods, services, and en the export control system of a country des- provision of law relating to export controls, with technologies that are diverted through the coun- ignated as a Destination of Diversion Concern respect to which the Secretary of Commerce has try to such end-users or intermediaries; under subsection (a), the United States shall enforcement responsibility; or (B) the inadequacy of the export controls of initiate government-to-government activities (3) any license, order, or regulation issued the country; that may include— under— (C) the unwillingness or demonstrated inabil- (A) cooperation by agencies and departments (A) the Export Administration Act of 1979 (50 ity of the government of the country to control of the United States with counterpart agencies U.S.C. App. 2401 et seq.) (as in effect pursuant the diversion of such goods, services, and tech- and departments in the country— to the International Emergency Economic Pow- nologies to such end-users or intermediaries; (i) to develop or strengthen the export control ers Act (50 U.S.C. 1701 et seq.)); or and system of the country; (B) a provision of law referred to in para- (D) the unwillingness or inability of the gov- (ii) to strengthen cooperation among agencies graph (2). ernment of the country to cooperate with the of the country and with the United States and TITLE IV—GENERAL PROVISIONS United States in efforts to interdict the diversion facilitate enforcement of the export control sys- SEC. 401. GENERAL PROVISIONS. of such goods, services, or technologies to such tem of the country; and (a) SUNSET.—The provisions of this Act (other end-users or intermediaries. (iii) to promote information and data ex- than sections 105 and 305 and the amendments (b) REPORT ON DESIGNATION.—Upon desig- changes among agencies of the country and made by sections 102, 107, 109, and 205) shall ter- nating a country as a Destination of Diversion with the United States; minate, and section 13(c)(1)(B) of the Invest- Concern under subsection (a), the President (B) training officials of the country to ment Company Act of 1940, as added by section shall submit to the appropriate congressional strengthen the export control systems of the 203(a), shall cease to be effective, on the date committees a report— country— that is 30 days after the date on which the (1) notifying those committees of the designa- (i) to facilitate legitimate trade in goods, serv- President certifies to Congress that— tion of the country; and ices, and technologies; and (1) the Government of Iran has ceased pro- (2) containing a list of the goods, services, and (ii) to prevent terrorists and state sponsors of viding support for acts of international ter- technologies described in section 302(b) that the terrorism, including Iran, from obtaining nu- rorism and no longer satisfies the requirements

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for designation as a state sponsor of terrorism MIKE PENCE, sidiaries (U.S. companies have long been (as defined in section 301) under— From the Committee on Financial Services, banned from all the activities for which for- (A) section 6(j)(1)(A) of the Export Adminis- for consideration of secs. 3 and 4 of the House eign entities will be sanctionable under this tration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) bill, and secs. 101–103, 106, 203, and 401 of the Act). (or any successor thereto); Senate amendment, and modifications com- In addition to new financial sector and re- (B) section 40(d) of the Arms Export Control mitted to conference: fined petroleum-focused sanctions, the Act Act (22 U.S.C. 2780(d)); or BARNEY FRANK, would also provide a legal framework by (C) section 620A(a) of the Foreign Assistance GREGORY W. MEEKS, which U.S. states, local governments, and Act of 1961 (22 U.S.C. 2371(a)); and SCOTT GARRETT, certain other investors can divest their port- (2) Iran has ceased the pursuit, acquisition, From the Committee on Ways and Means, for folios of foreign companies involved in Iran’s and development of nuclear, biological, and consideration of secs. 3 and 4 of the House energy sector and establishes a mechanism chemical weapons and ballistic missiles and bal- bill, and secs. 101–103 and 401 of the Senate to address concerns about diversion of sen- listic missile launch technology. amendment, and modifications committed to sitive technologies to Iran through other (b) PRESIDENTIAL WAIVERS.— conference: countries. Sanctions under this Act are sub- (1) IN GENERAL.—The President may waive the SANDER M. LEVIN, ject to several waivers with varying thresh- application of sanctions under section 103(b), JOHN S. TANNER, olds. The sanctions could terminate either in the requirement to impose or maintain sanctions DAVE CAMP, 2016 or, as provided for in the Sunset clause with respect to a person under section 105(a), Managers on the Part of the House. of the Conference text, could terminate once the requirement to include a person on the list the President certifies to Congress that Iran CHRISTOPHER J. DODD, required by section 105(b), the application of the (1) has ceased its support for acts of inter- JOHN F. KERRY, prohibition under section 106(a), or the imposi- national terrorism and no longer satisfies JOSEPH I. LIEBERMAN, tion of the licensing requirement under section the requirements for designation as a state- ROBERT MENENDEZ, 303(c) with respect to a country designated as a sponsor of terrorism under U.S. law; and (2) RICHARD C. SHELBY, Destination of Diversion Concern under section has ceased its efforts to develop or acquire ROBERT F. BENNETT, 303(a), if the President determines that such a nuclear, biological, and chemical weapons RICHARD G. LUGAR, waiver is in the national interest of the United and ballistic missiles and ballistic-missile Managers on the Part of the Senate. States. launch technology. (2) REPORTS.— JOINT EXPLANATORY STATEMENT OF The effectiveness of this Act will depend on (A) IN GENERAL.—If the President waives the THE COMMITTEE OF CONFERENCE its forceful implementation. The Conferees application of a provision pursuant to para- The managers on the part of the House and urge the President to vigorously impose the graph (1), the President shall submit to the ap- the Senate at the conference on the dis- sanctions provided for in this Act. propriate congressional committees a report de- agreeing votes of the two Houses on the Conferees urge friends and allies of the scribing the reasons for the waiver. amendment of the Senate to the bill (H.R. United States to follow the U.S. lead in cut- (B) SPECIAL RULE FOR REPORT ON WAIVING IM- 2194), to amend the Iran Sanctions Act of ting off key economic relationships with POSITION OF LICENSING REQUIREMENT UNDER SEC- 1996 to enhance United States diplomatic ef- Iran until Iran terminates its illicit nuclear TION 303(c).—In any case in which the President forts with respect to Iran by expanding eco- program. Few objective observers now dis- waives, pursuant to paragraph (1), the imposi- nomic sanctions against Iran, submit the fol- pute that Iran’s nuclear program represents tion of the licensing requirement under section lowing joint statement to the House and the a threat to global stability. All concur that 303(c) with respect to a country designated as a Senate in explanation of the effect of the ac- Iran is pursuing its nuclear program in defi- Destination of Diversion Concern under section tion agreed upon by the managers and rec- ance of the demands of the international 303(a), the President shall include in the report ommended in the accompanying conference community. Conferees believe it is time for required by subparagraph (A) of this paragraph report: responsible actors to cease any economic in- an assessment of whether the government of the The Senate amendment struck all of the volvement with Iran that contributes to its country is taking the steps described in subpara- House bill after the enacting clause and in- ability to finance its nuclear weapons capa- graph (A) of section 303(d)(1). serted a substitute text. bility. (c) AUTHORIZATIONS OF APPROPRIATIONS.— The House recedes from its disagreement (1) AUTHORIZATION OF APPROPRIATIONS FOR BACKGROUND AND NEED FOR THE LEGISLATION to the amendment of the Senate with an THE DEPARTMENT OF STATE AND THE DEPART- Iran poses a significant threat to the amendment that is a substitute for the MENT OF THE TREASURY.—There are authorized United States and its allies in the Middle House bill and the Senate amendment. The to be appropriated to the Secretary of State and East and elsewhere. A nuclear Iran would in- differences between the House bill, the Sen- to the Secretary of the Treasury such sums as timidate its neighbors; be further ate amendment, and the substitute agreed to may be necessary to implement the provisions of, emboldened in pursuing terrorism abroad in conference are noted below, except for and amendments made by, titles I and III of this and oppression at home; represent an immi- clerical corrections, conforming changes Act. nent threat to Israel and other friends and made necessary by agreements reached by (2) AUTHORIZATION OF APPROPRIATIONS FOR allies of the United States; and likely spark the conferees, and minor drafting and cler- THE DEPARTMENT OF COMMERCE.—There are au- a destabilizing Middle East arms race that ical changes. thorized to be appropriated to the Secretary of would deal a major blow to U.S. and inter- Commerce such sums as may be necessary to SUMMARY AND PURPOSE national non-proliferation efforts and threat- carry out title III. H.R. 2194, the Comprehensive Iran Sanc- en vital U.S. national security interests. SEC. 402. DETERMINATION OF BUDGETARY EF- tions, Accountability, and Divestment Act of Iran’s persistent deception regarding its FECTS. 2010, would strengthen the underlying Iran nuclear program, its general unresponsive- The budgetary effects of this Act, for the pur- Sanctions Act (ISA) by imposing an array of ness to diplomacy, and its rejection of inter- pose of complying with the Statutory Pay-As- tough new economic penalties aimed at per- national community demands regarding its You-Go-Act of 2010, shall be determined by ref- suading Iran to change its conduct. The Act nuclear program have deepened Congres- erence to the latest statement titled ‘‘Budgetary reinforces and goes far beyond recently-en- sional concerns about that program. Since Effects of PAYGO Legislation’’ for this Act, acted UN Sanctions. Targets of the Act 2006 the UN Security Council has been call- jointly submitted for printing in the Congres- range from business entities involved in re- ing on Iran to suspend its uranium enrich- sional Record by the Chairmen of the House and fined petroleum sales to Iran or support for ment program and increase its cooperation Senate Budget Committees, provided that such Iran’s domestic refining efforts to inter- with the International Atomic Energy Agen- statement has been submitted prior to the vote national banking institutions involved with cy (IAEA)—to no avail. on passage in the House acting first on this con- Iran’s Islamic Revolutionary Guards Corps Notwithstanding the additional costs im- ference report or amendment between the (IRGC) or with Iran’s illicit nuclear program posed on Iran as a result of previous U.S. and Houses. or its support for terrorism. UN Security Council sanctions, Iran’s devel- And the Senate agree to the same. The Conference text would augment the opment of its nuclear program continues. From the Committee on Foreign Affairs, for sanctions regime envisioned in the earlier The International Atomic Energy Agency consideration of the House bill and the Sen- versions of the Act passed by the House and (IAEA) now estimates that Iran has produced ate amendment, and modifications com- the Senate by supplementing the energy and stockpiled sufficient low-enriched ura- mitted to conference: sanctions in those versions with an addi- nium, if further enriched, for two nuclear ex- HOWARD L. BERMAN, tional, powerful set of banking prohibitions. plosive devices. For these reasons, Conferees GARY L. ACKERMAN, The Act would impose severe restrictions on assess that additional and tougher sanctions BRAD SHERMAN, foreign financial institutions doing business are needed in order to persuade Iran to cease JOSEPH CROWLEY, with key Iranian banks or the IRGC. In ef- its nuclear program. Conferees believe that DAVID SCOTT, fect, the Act presents foreign banks doing the imminence and seriousness of the threat JIM COSTA, business with blacklisted Iranian entities a posed to U.S. interests by Iran’s nuclear RON KLEIN, stark choice—cease your activities or be de- weapons program warrants the enactment of ILEANA ROS-LEHTINEN, nied critical access to America’s financial H.R. 2194. DAN BURTON, system. The Act also would hold U.S. banks Conferees take note of and applaud recent EDWARD R. ROYCE, accountable for actions by their foreign sub- adoption by the U.N. Security Council of

VerDate Mar 15 2010 05:27 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.034 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4763 Resolution 1929 regarding Iran’s nuclear pro- ply of capital to the Iranian petroleum sec- believe that such business could further gram. Conferees believe the resolution is a tor has been constrained by the mere threat Iran’s WMD programs; and adopting other powerful statement of opposition by the of sanctions. Further, by highlighting the similar measures. Iran has contemptuously international community to Iran’s ongoing threat from Iran, ISA has emerged as a de- dismissed all of these UNSC resolutions, illicit nuclear activities and a critical step terrent to additional investment, and it has with President Ahmadinejad labeling them in strengthening the multilateral sanctions encouraged increased international commu- ‘‘illegal.’’ regime intended to persuade Iran to suspend nity involvement with the Iranian nuclear CONTENTS OF H.R. 2194 those activities. Conferees believe this legis- issue. H.R. 2194 contains four Titles: Title I lation will complement UNSCR 1929 and will To further strengthen sanctions targeting (Sanctions), Title II (Divestment from Cer- deepen efforts to thwart Iran’s efforts to ob- foreign investment in Iran’s energy sector, tain Companies That Invest in Iran); Title tain a nuclear weapons capability. Congress passed the ‘Iran Freedom Support III (Prevention of Diversion of Certain BACKGROUND: U.S. SANCTIONS Act’ (IFSA), a bill subsequently signed into Goods, Services, and Technologies to Iran); law (P.L. 109–293) by President George W. Iran’s economy, and Iran’s ability to fund and Title IV (General Provisions). Bush in September 2006. Among other provi- its nuclear program, is heavily dependent on TITLE I: SANCTIONS sions, the IFSA strengthened sanctions the revenue derived from energy exports. Ac- under ISA, including raising certain waiver Title I of H.R. 2194 strengthens the U.S. cordingly, an important part of U.S. efforts thresholds to ‘vital to the national security sanctions regime by requiring severe limita- to prevent Iran from acquiring nuclear weap- interests of the United States,’ enlarging the tions on U.S. correspondent banking for for- ons has focused on deterring investment in scope of those who might be subject to sanc- eign financial institutions doing business Iran’s energy sector. tions, and enhancing tools for using financial with relevant Iranian banks. The Act further U.S. individuals and companies have been strengthens existing legislation by broad- prohibited from investing in Iran’s petro- means to address Iran’s activities of concern. In addition, in June 2007, the Senate passed ening the categories of transactions that leum sector since Executive Order 12957 was the International Emergency Powers En- trigger sanctions, increasing the number of issued on March 15, 1995, by President Wil- hancement Act, with the House following sanctions the President can impose on for- liam J. Clinton as a follow-on to his Admin- suit and the President’s signing it into law eign companies whose activities trigger istration’s assessment that ‘‘the actions and (P.L. 110–96) four months later. The Act sanctions, and requiring the President to in- policies of the Government of Iran constitute greatly increased penalties for violators of vestigate reports of sanctionable activities an unusual and extraordinary threat to the U.S. sanctions. As a result, U.S. persons who to determine whether sanctionable activity national security, foreign policy, and econ- illegally trade with Iran now face civil fines has indeed occurred. omy of the United States.’’ The White House up to $250,000 or twice the amount of the In broadening the categories of trans- spokesman at that time, Michael McCurry, transaction. In addition, the Act increased actions that trigger sanctions, the bill fo- made clear that the objectionable activities criminal penalties to $1 million with a max- cuses on sales to Iran of refined petroleum were Iran’s pursuit of weapons of mass de- imum jail sentence of 20 years. Unlike ISA, and assistance to Iran for its own domestic struction, its support of international ter- these measures have been exercised exten- refining capacity. Under H.R. 2194, compa- rorism, and its efforts to undermine the Mid- sively by the Department of the Treasury’s nies engaged in either of these activities dle East peace process. Office of Foreign Assets Control and the De- would be subject to the same sanctions as A subsequent executive order, E.O. 12959, partment of Justice to enforce the U.S. trade companies that invest $20 million or more in issued on May 8, 1995, banned all new invest- embargo on Iran. Iran’s energy sector (the original category of ment in Iran by U.S. individuals and compa- sanctionable activity established under ISA). MULTILATERAL SANCTIONS EFFORTS nies. The same executive order banned vir- Despite being one of the world’s leading oil tually all trade with Iran. In conjunction Conferees strongly support multilateral ef- producers, Iran reportedly imports between with the latter executive order, then-Sec- forts aimed at curbing Iran’s nuclear pro- 25 and 40 percent of its refined oil needs, due retary of State Warren Christopher warned gram. The United Nations Security Council to its limited domestic refining capacity. Ac- the international community that the path (UNSC) has passed a number of resolutions cordingly, Conferees believe that imposition Iran was following was a mirror image of the condemning Iran’s nuclear activities and of refined-petroleum-related sanctions could steps taken by other nations that had sought urging compliance with its international ob- have a powerful impact on Iran’s economy nuclear weapons capabilities. A trade embar- ligations. For example, on December 23, 2006, and, as a result, on its decision-making re- go was thus implemented in furtherance of UNSC Resolution 1737 was unanimously ap- garding its nuclear program. the President’s powers exercised pursuant to proved, banning supply of nuclear tech- The bill likewise imposes sanctions on the International Emergency Powers Act nology and equipment to Iran and freezing companies that sell Iran goods, services, or (IEEPA, 50 U.S.C. 1701 et seq.), which author- the assets of organizations and individuals know-how that assist it in developing its en- izes the President to block transactions and involved in Iran’s nuclear program, until ergy sector. As is the case with refined-pe- freeze assets to deal with the ‘‘unusual and Iran suspends enrichment of uranium and troleum-related sanctions, companies that extraordinary threat,’’ in this case posed by halts Plutonium reprocessing-related activi- engage in such transactions would be subject Iran. ties. UNSC Resolution 1747 was unanimously to the same sanctions as companies that in- With the U.S. having voluntarily removed approved on March 24, 2007, imposing a ban vest $20 million or more in Iran’s energy sec- itself from the Iran market, Congress in 1996 on Iranian arms sales, expanding the freeze tor. Furthermore, energy investment now passed the Iran and Libya Sanctions Act, on assets, and setting a deadline for Iranian covers the sale of petroleum-related goods, P.L. 104–172 (‘ILSA,’ now usually referred to compliance two months later. services, and technology to Iran, which was as the Iran Sanctions Act, or ‘ISA,’ following Absent compliance, further sanctions were a category of activity that was not pre- termination of applicability of sanctions to adopted in UNSC Resolution 1803 on March 3, viously covered by the U.S. sanctions re- Libya in 2006), to encourage foreign persons 2008, including a ban on sales of dual-use gime. to withdraw from the Iranian market. ILSA items; authorization of inspections of cargo The bill also expands in other ways the authorized the President to impose sanctions suspected of containing WMD-related goods; universe of activities to be considered on any foreign entity that invested $20 mil- an expanded Iranian travel-ban list; and a sanctionable. lion or more in Iran’s energy sector. ILSA call to ban transactions with Iran’s Bank H.R. 2194 establishes three new sanctions, was passed in 1996 for a five-year period and Melli and Bank Saderat. On August 7, 2008, in addition to the menu of six sanctions that has been renewed twice, in 2001 and 2006, for the European Union (EU) implemented the already exists under ISA. The three new additional five-year periods. (H.R. 2194 would sanctions specified in Resolution 1803, in- sanctions are, respectively, a prohibition on extend ISA another five years, through 2016.) cluding an assertion of authority to inspect access to foreign exchange in the U.S., a pro- Although ILSA was enacted more than a suspect shipments, and called on its mem- hibition on access to the U.S. banking sys- decade ago, no Administration has sanc- bers to refrain from providing new credit tem, and a prohibition on property trans- tioned a foreign entity for investing $20 mil- guarantees on exports to Iran. On September actions in the United States. H.R. 2194 re- lion or more in Iran’s energy sector, despite 27, 2008, the Security Council adopted Reso- quires the President to impose at least three a number of such investments. Indeed, on lution 1835, calling on Iran to comply with of the nine sanctions on a company involved only one occasion, in 1998, did the Adminis- previous resolutions. On June 9, 2010, Resolu- in sanctionable activity, in addition to other tration make a determination regarding a tion 1929 was adopted, strengthening existing mandatory sanctions. sanctions-triggering investment, but the Ad- sanctions in a variety of ways, including fur- The bill also toughens the sanctions re- ministration waived sanctions against the ther targeting Iran’s Revolutionary Guard gime by requiring the President (a) to inves- offending persons. Conferees believe that the Corps; authorizing an inspection regime for tigate any report of sanctionable activity for lack of enforcement of relevant enacted ships suspected to be carrying contraband to which there is credible evidence; and (b) to sanctions may have served to encourage Iran; prohibiting countries from allowing make a determination in writing to Congress rather than deter Iran’s efforts to pursue nu- Iran to invest in uranium mining and related whether such activity has indeed occurred. clear weapons. nuclear technologies, or nuclear-capable bal- The President would then be expected either Despite successive Executive Branch fail- listic missile technology; banning sales of to impose or waive sanctions. Under current ures to implement ISA, the legislation has most heavy arms to Iran; requiring countries law, the President is authorized to inves- made a positive contribution to United to insist that their companies refrain from tigate and make a determination but is not States national security. Arguably, the sup- doing business with Iran if there is reason to required to do so. In fact, the President has

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.041 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4764 CONGRESSIONAL RECORD — HOUSE June 23, 2010 made only one determination under current institutions that directly or indirectly pro- ment of that country is unresponsive or oth- law, despite at least two dozen credible re- vide support for the Government of Iran. Fi- erwise fails to strengthen its export control ports of sanctionable activity. That deter- nancial advisors, policy-makers, and fund system so that substantial re-export, trans- mination, in 1998, was made for the purpose managers may find prudential or shipment, transfer, re-transfer, or diversion of waiving sanctions. reputational reasons to divest from compa- of certain goods, services, or technologies H.R. 2194 is designed to impose consider- nies that accept the business risk of oper- continues, the President shall impose severe able additional pressure on Iran by man- ating in countries subject to international restrictions on U.S. exports to that country. dating a new financial sanction that, if im- economic sanctions or that have business re- TITLE IV: GENERAL PROVISIONS plemented appropriately, will substantially lationships with countries, governments, or The Act will terminate once the President reduce Iran’s access to major segments of entities with which any United States com- certifies to Congress that Iran both (1) has the global financial system. The Act requires pany would be prohibited from dealing be- ceased its support for acts of international the Secretary of the Treasury to prohibit or cause of economic sanctions imposed by the terrorism and no longer satisfies the require- impose strict conditions on U.S. banks’ cor- United States. ments for designation as a state-sponsor of respondent relationships with foreign finan- In addition to the wide range of diplomatic terrorism under U.S. law; and (2) has ceased cial institutions that (1) engage in financial and economic sanctions that have been im- its efforts to develop or acquire nuclear, bio- transactions that facilitate Iranian efforts to posed by the U.N. Security Council, the U.S. logical, and chemical weapons, as well as develop WMD or promote terrorist activities, and other national governments, many U.S. ballistic missiles and ballistic-missile launch including through money-laundering or states and localities have begun to enact technology. The Act also provides various through enabling an Iranian financial insti- measures restricting their agencies’ eco- waivers related to economic sanctions and tution—including the Central Bank of Iran, nomic transactions with firms that do busi- exchange of technology. Finally, the Act au- for example—to facilitate such efforts; (2) fa- ness with, or in, Iran. More than twenty thorizes such sums as may be necessary for cilitate or otherwise contribute to a trans- states and the District of Columbia have al- the Departments of State, Treasury, and action or provides financial services for a fi- ready enacted some form of divestment leg- Commerce to implement the Act. nancial institution that the Office of Foreign islation or otherwise adopted divestment Assets Control at the Department of the measures, and legislation is pending in addi- SECTION-BY-SECTION ANALYSIS AND Treasury has designated to be supporting the tional state legislatures. Other states and lo- DISCUSSION proliferation of weapons of mass destruction calities have taken administrative action to Section 2. Findings or financing of international terrorism; or (3) facilitate divestment. Also joining this This section articulates the findings that involve the Islamic Revolutionary Guard movement are colleges and universities, frame the basis for the additional sanctions Corps (IRGC) or its affiliates or agents. In large cities, non-profit organizations, and and the purpose of the bill. The findings in addition, H.R. 2194 prohibits any US finan- pension and mutual funds. section 2 draw from both S. 2799 and H.R. cial institution or its foreign subsidiaries Conferees concluded that Congress and the 2194. from engaging in any financial transaction President have the constitutional power to Subsection (1) finds that the illicit nuclear with IRGC entities. authorize states to enact divestment meas- activities of the Government of Iran, com- Indeed, the IRGC, its affiliates, and agents ures and that Federal consent removes any bined with its development of unconven- have reportedly extended their reach heavily doubt as to the constitutionality of those tional weapons and ballistic missiles and its into various parts of the Iranian economy, measures. Thus, the Act explicitly states the support for international terrorism, rep- dominating critical financial services, con- sense of Congress that the United States resent a threat to the security of the United struction, energy, shipping, telecommuni- should support the decisions of state and States, its strong ally Israel, and other allies cations, and certain manufacturing sectors local governments to divest from firms con- of the United States around the world. throughout the country. Thus, in addition to ducting business operations in Iran’s energy Subsection (2) asserts that the United playing pivotal roles in Tehran’s prolifera- sector and clearly authorizes divestment de- States and other responsible countries have tion of weapons of mass destruction, financ- cisions made consistent with the standards a vital interest in working together to pre- ing of international terrorism, and gross the legislation articulates. It also provides a vent the Iranian regime from acquiring a nu- human rights abuses, the IRGC is now a key ‘safe harbor’ for changes of investment poli- clear weapons capability. source of wealth for the Iranian regime. Con- cies by private asset managers, and it ex- Subsection (3) finds that the International ferees join the administration and inter- presses the sense of Congress that certain di- Atomic Energy Agency has repeatedly called national community in seeking to combat vestments, or avoidance of investment, do attention to Iran’s illicit nuclear activities the IRGC’s growing power, and to curb the not constitute a breach of fiduciary duties and, as a result, the United Nations Security IRGC’s access to capital, which is used to under the Employee Retirement Income Se- Council has adopted a range of sanctions de- further Tehran’s various ambitions. curity Act (ERISA). With regard to pre- signed to encourage the Government of Iran Other major measures in Title I include: emption, the legislation supports state and to suspend those activities and comply with —visa, property, and financial sanctions on local efforts to divest from companies con- its obligations under the Treaty on Non-Pro- Iranians the President determines to be ducting business operations in Iran by clear- liferation of Nuclear Weapons, done at Wash- complicit in serious human rights abuses ly stating that these efforts are not pre- ington, London, and Moscow July 1, 1968, and against other Iranians on or after June 12, empted by any Federal law or regulation. entered into force March 5, 1970 (commonly 2009, the date of Iran’s most recent Presi- TITLE III: PREVENTION OF DIVERSION OF CER- known as the ‘‘Nuclear Non-Proliferation dential election; TAIN GOODS, SERVICES, AND TECHNOLOGIES TO Treaty’’). —a ban on U.S. government procurement IRAN Subsection (4) finds that the serious and contracts for any company that exports to In recent years, studies by the Government urgent nature of the threat from Iran de- Iran technology used to restrict the free flow Accountability Office, the Commerce De- mands that the United States work together of information or to disrupt, monitor, or oth- partment, and others have asserted that Iran with its allies to do everything possible—dip- erwise restrict freedom of speech; continues to circumvent sanctions and re- lomatically, politically, and economically— —an authorization for the President to ceive sensitive equipment, including some of to prevent Iran from acquiring a nuclear prescribe regulations for the purpose of im- U.S. origin. This equipment, which facili- weapons capability. plementing Iran-related sanctions in UN Se- tates Iran’s nuclear activities, may be trans- Subsection (5) finds the United States and curity Council resolutions; and shipped illegally to Iran via other countries. its major European allies, including the —an authorization for FY 2011 appropria- Title III is meant to disrupt international United Kingdom, France, and Germany, have tions of slightly more than $100 million each black-market proliferation networks that advocated that sanctions be strengthened to the Secretary of the Treasury for the Of- have reportedly thrived for years, even after should international diplomatic efforts fail fice of Terrorism and Financial Intelligence; the discovery and subsequent arrest of noto- to achieve verifiable suspension of Iran’s to the Secretary of the Treasury for the Fi- rious weapons technology peddler A. Q. uranium enrichment program and an end to nancial Crimes Enforcement Network; and to Khan. This provision requires the Director of its nuclear weapons program and other illicit the Secretary of Commerce for the Bureau of National Intelligence to report to the Presi- nuclear activities. Industry and Security, for the purposes of re- dent and Congress as to which governments Subsection (6) finds that the Government inforcing the U.S. trade embargo, combating he believes are allowing the re-export, trans- of Iran continues to engage in serious, sys- diversion of sensitive technology to Iran, and shipment, transfer, re-transfer, or diversion tematic, and ongoing violations of human preventing the international financial sys- to Iranians of key goods, services, or tech- rights, including suppression of freedom of tem from being used to support terrorism or nologies that could be used for weapons of expression and religious freedom, illegit- develop WMD. mass destruction proliferation or acts of ter- imately prolonged detention, torture, and TITLE II: DIVESTMENT FROM CERTAIN rorism. Following receipt of that report, the executions. Such violations have increased COMPANIES THAT INVEST IN IRAN President may designate a country a Des- in the aftermath of the fraudulent presi- State and local divestment efforts.—In recent tination of Diversion Concern. Such a des- dential election in Iran on June 12, 2009. years, there has been increasing interest by ignation would provide for the U.S. to work Subsection (7) finds that the Iranian re- U.S. state and local governments, edu- with the host government of that country to gime has been unresponsive to President cational institutions, and private institu- help it strengthen its export control system. Obama’s unprecedented and serious efforts at tions to divest from companies and financial If the President determines that the govern- engagement, revealing that the Government

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The paragraph also urges hibition on its service as a primary dealer in recent actions detailed in this section. the President to take appropriate measures U.S. government bonds; and/or a prohibition Subsection (8) finds that there is an in- to respond to such violations by prohibiting on its serving as a repository for U.S. gov- creasing interest by State governments, officials the President identifies as being re- ernment funds (each counts as one sanction); local governments, educational institutions, sponsible for such violations from entry into (5) prohibition on U.S. government procure- and private institutions, business firms, and the United States and freezing the assets of ment from the entity; and (6) restriction on other investors to disassociate themselves those officials. imports from the entity, in accordance with from companies that conduct business ac- Paragraph (7) states that additional fund- the International Emergency Economic Pow- tivities in the energy sector of Iran, since ing should be provided to the Secretary of ers Act (IEEPA, 50 U.S.C. 1701). The Act such business activities may directly or indi- State to document, collect, and disseminate would provide for three new sanctions: (1) rectly support the efforts of the Government information about human rights abuses in prohibitions on any transactions in foreign of Iran to achieve a nuclear weapons capa- Iran, including serious abuses that have exchange that are subject to the jurisdiction bility. taken place since the presidential election in of the United States and in which a sanc- Subsection (9) finds that black market pro- Iran conducted on June 12, 2009. tioned person has any interest; (2) prohibi- liferation networks continue to flourish in Paragraph (8) states that it is in the na- tions on any transfers of credit or payments the Middle East, allowing countries like Iran tional interest of the United States for re- between, by, through, or to any financial in- to gain access to sensitive dual-use tech- sponsible nongovernmental organizations stitution, to the extent such transfers or nologies. based in the United States to establish and payments are subject to the jurisdiction of Subsection (10) finds that economic sanc- carry out operations in Iran to promote civil the United States and involve any interest of tions imposed pursuant to the provisions of society and foster humanitarian goodwill the sanctioned person; and (3) restrictions on property transactions with respect to which this Act, the Iran Sanctions Act of 1996, as among the people of Iran and the United a sanctioned person has any interest. The amended by this Act, and the International States should ensure that such nongovern- President may waive the sanctions if he de- Emergency Economic Powers Act (50 U.S.C. mental organizations are not unnecessarily termines that it is necessary to the national 1701 et seq.), and other authorities available hindered from working in Iran. to the United States to impose economic interest of the U.S. to do so. Paragraph (9) states that the United States Development of Petroleum Resources of Iran. sanctions to prevent Iran from developing should not issue a license pursuant to an Subsection (a) amends section 5(a) of the nuclear weapons, are necessary to protect agreement for cooperation (a ‘‘123 agree- Iran Sanctions Act of 1996 (ISA) by requiring the essential security interest of the United ment’’ for civil nuclear cooperation) for the the President to impose three or more sanc- States. export of nuclear material, facilities, compo- tions under ISA if a person has knowingly Section 3—Sense of Congress Regarding Illicit nents, or other goods, services, or technology made an investment of $20 million or more Nuclear Activities and Violations of Human that are or would be subject to such an (or any combination of investments of at Rights in Iran. Section 3 of the Senate bill ex- agreement to a country that is providing least $5 million each, which in the aggregate presses the Sense of Congress regarding similar nuclear material, facilities, compo- equals or exceeds $20 million in any 12-month Iran’s continuing illicit nuclear activities nents, or other goods, services, or technology period) that directly and significantly con- and ongoing violations of human rights in to another country that is not in full compli- tributed to Iran’s ability to develop its pe- Iran. The House bill contains no such provi- ance with its obligations under the Nuclear troleum resources. sion. The House recedes. Non-Proliferation Treaty. In the context of investment, the House- Paragraph (1) states that international Paragraph (10) states that the people of the passed legislation amends section 5(a) by diplomatic efforts to address Iran’s illicit United States have feelings of friendship for shifting the mens rea standard for investment nuclear efforts and support for international the people of Iran; regret that developments in petroleum resources from ‘actual knowl- terrorism are more likely to be effective if in recent decades have created impediments edge’ to ‘knowingly.’ The Senate amendment strong additional sanctions are imposed on to that friendship; and hold the people of contained no such provision. The Senate re- the Government of Iran. Iran, their culture, and their ancient and cedes to the House language. The new stand- Paragraph (2) states that concerns of the rich history in the highest esteem. ard will expand the range of conduct poten- United States regarding Iran are strictly the TITLE I—SANCTIONS tially subject to sanctions, thereby making result of the Government of Iran’s behavior. it easier to implement sanctions under ISA. Paragraph (3) states that the revelation in Section 101. Definitions. S. 2799 included Production and Exportation of Refined Petro- September 2009 that Iran is developing a se- definitions for sanctions. H.R. 2194 contained leum Products. Subsection (a) further amends cret uranium enrichment site on a base of no such provisions. Reflecting the approach section 5(a) of ISA to require that the Presi- Iran’s Revolutionary Guard Corps near Qom, in S. 2799, this section defines terms used in dent impose three or more mandatory sanc- which appears to have no civilian applica- this title, including: agricultural com- tions described in section 6(a) of the Act if a tion, highlights the urgency for Iran to dis- modity, executive agency, family member, person: (1) knowingly sells, leases, or pro- close fully the nature of its nuclear program, knowingly, appropriate Congressional Com- vides to Iran any goods, services, technology, including any other secret locations; to pro- mittees, information and informational ma- information, or support, that could directly vide the International Atomic Energy Agen- terials, investment, Iranian diplomats and and significantly facilitate the maintenance cy unfettered access to its facilities pursuant representatives of other government and or expansion of Iran’s domestic production of to Iran’s legal obligations under the Nuclear military or quasi-governmental institutions refined petroleum products, including any Non-Proliferation Treaty and Iran’s Safe- of Iran, United States person, U.S. state, direct and significant assistance with respect guards Agreement with the International medical device, and medicine. to construction, modernization, or repair of Atomic Energy Agency. Section 102. Expansion of Sanctions under petroleum refineries; or (2) if a person know- Paragraph (4) states that due to the Ira- the Iran Sanctions Act of 1996. ingly provides Iran with refined petroleum nian Revolutionary Guard Corps’ involve- Summary. The amendments to the ISA in products or provides goods, services, tech- ment in Iran’s nuclear program, inter- this section address the major role of Iran’s nology, information, or support that could national terrorism activities, and domestic oil and gas industry in generating revenue directly and significantly contribute to human rights abuses, the President should for the regime’s proliferation and inter- Iran’s ability to refine petroleum or import impose the full range of applicable sanctions national terrorism activities; they require refined petroleum resources, including pro- against them. Those liable for sanctions the President to impose at least three out of viding ships, vehicles, or other means of would include any individual or entity that a menu of nine sanctions on ‘persons’ that transportation to deliver refined petroleum is an agent, alias, front, instrumentality, knowingly engage in activities related to products to Iran or providing insurance or fi- representative, official, or affiliate of Iran’s Iran’s refined petroleum industry, in addi- nancing services for such activities. Revolutionary Guard Corps, and any indi- tion to other mandatory sanctions. These ac- Subsection (a) of the Act further clarifies vidual or entity that has conducted any com- tivities include making an ‘investment’ of the categories of persons against which sanc- mercial or financial transaction with such more than $20 million annually in Iran’s en- tions are to be imposed to include the parent an individual or entity. ergy sector; selling, leasing or providing to and foreign subsidiary of a person deter- Paragraph (5) states that additional meas- Iran goods, services, or other support to fa- mined by the President to be engaged in ures should be adopted by the United States cilitate Iran’s domestic oil production of re- sanctionable activities. The Act further to prevent the diversion and transshipment fined petroleum; or providing Iran with re- amends the mens rea standard for a parent of sensitive dual-use technologies to Iran. fined petroleum products with an aggregate by: (1) requiring sanctions to be imposed on Paragraph (6) outlines Congress’ view of fair market value of $5 million. The sanc- a parent that either had actual knowledge or appropriate Executive Branch responses to tions (Section 6 of the ISA) include the fol- ‘‘should have known’’ that its affiliate or the human rights situation in Iran. It states lowing underlying six sanctions: (1) denial of subsidiary engaged in the sanctionable ac- that the President should continue to press any guarantee, insurance, or extension of tivities described in section 5(a); and (2) re- the Government of Iran to respect the inter- credit from the U.S. Export-Import Bank; (2) quiring sanctions to be imposed on an affil- nationally-recognized human rights and reli- denial of licenses for the U.S. export of mili- iate or a subsidiary of a person determined gious freedoms of its citizens, and identify tary or militarily-useful technology to the to be carrying out sanctionable activities if the officials of the Government of Iran that entity; (3) denial of U.S. bank loans exceed- the affiliate or subsidiary knowingly en- are responsible for continuing and severe ing $10 million in one year to the entity; (4) gaged in sanctionable activities.

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.044 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4766 CONGRESSIONAL RECORD — HOUSE June 23, 2010 The Act provides a ‘‘safe harbor’’ for a per- Finally, subsection 102(b) amends ISA by Finally, subsection (f) amends ISA to ex- son that provides underwriting services or adding a new section which requires each pand the definition of a ‘person’ subject to insurance or reinsurance, if that person exer- prospective contractor submitting a bid to sanctions to include a financial institution, cises due diligence to ensure it does not pro- the Federal Government to certify that the insurer, underwriter, guarantor, any other vide insurance or reinsurance for the sale, contractor or a person owned or controlled business organization, including any foreign lease, or provision of goods, services, tech- by the contractor does not conduct any ac- subsidiary, parent, or affiliate of such a busi- nology, information, or support that could tivity for which sanctions may be imposed ness organization, any other nongovern- directly and significantly contribute to the under section (5). Conferees believe that ex- mental entity, organization, or group, and enhancement of Iran’s ability to import re- ercising control as a ‘‘parent company’’ over any governmental entity operating as a busi- fined petroleum products. Such due diligence subsidiaries or affiliates should be consid- ness enterprise. The term ‘‘person’’ does not would include procedures and controls to ered in functional terms, as the ability to ex- include a government or governmental enti- prevent such underwriting or the entry into ercise certain powers over important mat- ty that is not operating as a business enter- contracts for such purposes, and the designa- ters affecting an entity. ‘‘Control’’ may also prise. tion of an official with responsibility for en- be defined according to ownership of a ma- Subsection (f) also defines the term ‘‘know- forcing the policy. The Act further estab- jority or a dominant minority of the total ingly’’ to include a person who has actual lishes that the fair market value of the outstanding voting interest in an entity, knowledge of sanctionable activities or goods, services, technology, information, or board representation, proxy voting, a special should have known, of the conduct, the cir- support provided by such activities must ex- share, or contractual arrangements, to di- cumstance, or the result. The Conferees in- ceed $1 million to be subject to the require- rect important matters affecting an entity. tend to prevent persons from evading sanc- ment of Section 102(a). The combination of The prospective contractor, when making tions by relying on the prior standard of ‘‘ac- such sales, leases, or provision of support in the certification pursuant to this subsection, tual knowledge.’’ This prior standard might any 12-month period, or to be provided under must certify that it is not engaged in any ac- otherwise be used to enable certain persons contracts entered into in any 12-month pe- tivity sanctionable under section 5 of ISA. to deliberately avoid knowledge of riod, must exceed $5 million. The Act mandates the head of an executive Subsection (a) also prohibits the issuance sanctionable activities. agency that determines that a person has Subsection (f) amends the definition of of export licenses pursuant to an agreement submitted a false certification under para- for peaceful civil nuclear cooperation for any ‘‘investment’’ in the underlying ISA to in- graph (1) after the date on which the Federal clude entry into, performance, or financing country whose nationals have engaged in ac- Acquisition Regulation is revised to imple- tivities with Iran relating to the acquisition of a contract to sell or purchase goods, serv- ment the requirements of this subsection, to ices, or technology. The Conferees believe or development of nuclear weapons or re- terminate a contract or agreement or debar lated technology, or of missiles or other ad- that expanding the definition of investment or suspend such person from eligibility for to include the activities above, will deter vanced conventional weapons that have been Federal contracts or such agreements for a designed or modified to deliver a nuclear persons from doing business in the Iranian period not to exceed 3 years. The Act re- energy sector. Based on the expanded defini- weapon. quires the Administrator of General Services This prohibition can be set aside for a gov- tion of ‘‘investment’’ and ‘‘petroleum re- to include on the List of Parties Excluded ernment if the President determines and no- sources,’’ the Conferees intend that, for ex- from Federal Procurement and Nonprocure- tifies the appropriate Congressional commit- ample, sales of technology for natural gas ment Programs each person that is debarred, tees that such government does not know or would now be considered a sanctionable of- suspended, proposed for debarment, or de- have reason to know about the activity, or fense falling into the category of ‘‘invest- clared ineligible by the head of an executive has taken, or is taking, all reasonable steps ment,’’ provided such a sale reached the $20 agency on the basis of a determination of a necessary to prevent a recurrence of the ac- million threshold. false certification. The Act authorizes the tivity and penalize the person(s) involved. Subsection (f) expands the term ‘petroleum President to waive the certification require- Further, notwithstanding the prohibition on resources’ to include petroleum, refined pe- issuance of export licenses, the President ment on a case-by-case basis if the President troleum products, oil or liquefied natural may, on a case-by-case basis, approve the determines and certifies that it is in the na- gas, natural gas resources, oil or liquefied issuance of a license for the export, or ap- tional interest to do so. Conferees believe natural gas tankers, and products used to prove the transfer or retransfer, of any nu- that one of the instances where the Presi- construct or maintain pipelines used to clear material, facilities, components, or dent may exercise the waiver is where a com- transport oil or liquefied natural gas. other goods, services, or technology that are pany has demonstrated that it is taking The House version of H.R. 2194 defines the or would be subject to an agreement for co- steps to extricate itself from all sanctionable term ‘refined petroleum products’ to include operation, to a person in a country otherwise activities with Iran. gasoline, kerosene, diesel fuel, residual fuel restricted by this paragraph (except to a per- Subsection 102(c) amends the standard for oil, and distillates and other goods classified son that is subject to sanctions under para- the President to waive sanctions under ISA in headings 2709 and 2710 of the Harmonized graph (1)) if the President determines that to ‘necessary to the national interest of the Tariff Schedule of the United States. The such approval is vital to U.S. national secu- United States’. The Senate recedes to the Senate bill defines ‘‘refined petroleum prod- rity interests and pre-notifies Congress not House in elevating the waiver standard. Sub- ucts’’ as ‘‘diesel, gasoline, jet fuel (including less than 15 days before approving the li- section (c) further amends the reporting re- naphtha-type and kerosene-type jet fuel), cense, transfer, or retransfer. This sanction quirements of section 9(c)(2) of ISA relating and aviation gasoline. would apply only in a case in which a person to a waiver by requiring the President to in- The House recedes. clude (1) an estimate of the significance of a is subject to sanctions for an activity en- Section 102(g) Waiver for certain persons in cer- gaged on or after the date of enactment of sanctioned action to Iran’s ability to develop its petroleum resources, produce refined pe- tain countries, mandatory investigations the Act. and reporting; conforming amendments The Conferees believe that as a general troleum products, or import refined petro- principle, the United States cannot and leum products; or (2) acquire or develop Waiver for Certain Persons in Certain Coun- should not reward any country with U.S. chemical, biological, or nuclear weapons or tries. The conference agreement amends sub- civil nuclear trade if that country’s nation- related technologies or destabilizing num- section (c) of Section 4 of the Iran Sanctions als are able to advance Iran’s nuclear weap- bers and types of advanced conventional Act to provide an additional exception to the ons programs and/or their means of delivery. weapons. underlying requirement that the President Subsection 102(b) of the Act adds three Subsection 102(d) incorporates a reporting impose sanctions for certain activities. new, sweeping sanctions to the now nine pos- requirement in H.R. 2194 on the dollar value Under this additional exception, the Presi- sible sanctions from which the President amount of trade, including in the energy sec- dent would be authorized to waive sanctions must choose three. If invoked, the sanctions tor, between Iran and each country main- for a period not longer than 12 months (as would prohibit, respectively, foreign ex- taining membership in the Group of Twenty opposed to the 6 months now authorized) on change, banking, and property transactions Finance Ministers and Central Bank Gov- a case by case basis for persons under the ju- with persons involved in activities related to ernors. risdiction of governments that are closely refined petroleum products, as specified in Consistent with subsection (h) of section 3 cooperating with the United States in multi- section 5(a) of the ISA, as amended. The Act of the House bill, Subsection 102(e) amends lateral efforts to prevent Iran from acquiring clarifies that the prohibition on banking ac- ISA to extend the operative date of that leg- or developing chemical, biological, or nu- tivities extends solely to those transfers or islation from 2011 to 2016. The Senate bill has clear weapons or related technologies, in- payments that are subject to the jurisdiction no such provision. The Senate recedes. ISA cluding ballistic missiles or delivery sys- of the United States and involve any interest was initially passed for a five-year period. It tems; or acquiring or developing desta- of the sanctioned person. The banking sanc- was extended for five years in 2001 and again bilizing numbers and types of conventional tion in the Act will complement restrictions in 2006. Given the urgency of the Iranian nu- weapons. The President must further certify on financial institutions available in the un- clear problem and the conviction of Con- that the waiver is vital to the national secu- derlying ISA, including a prohibition on US ferees that this problem will persist beyond rity interests of the United States and sub- financial institutions from making loans or 2011 and that Iran almost certainly will not mit a report to the appropriate congressional providing credits to any sanctioned person meet the criteria for terminating ISA in committees. It is the understanding of the totaling more than $10 million in any 12 2011, Conferees have decided to extend the Conferees that this waiver would not be month period. law for another five years. available as a preemptive waiver; rather, in

VerDate Mar 15 2010 05:27 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.046 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4767 order to exercise the waiver, the President ferees expect that any firm seeking to take under the Clinton administration. Consistent must initiate an investigation and make a advantage of this special rule will commit to with IEEPA, exceptions to the import ban determination pursuant to section 4(f). refuse any expansion or extension of business are made for informational materials that To utilize this exception, the President or investment pursuant to a clause in a con- may be used, for example, in the conduct of would have to provide advance notice to Con- tract that allows the firm to elect to do so. news reporting, or in mapping for air travel gress and provide a certification of the per- Binding commitments should be narrowly over land. Similarly, exceptions to the ex- son with respect to which the President will construed and any firm seeking to benefit port ban include food, medicine, humani- waive the application of sanctions; the ac- from this rule should be encouraged to pro- tarian assistance, informational materials, tions taken by the government cooperating vide assurances that it will do only the min- goods used to ensure safety of flight for U.S.- in multilateral efforts; and that the waiver imum required by an agreement involving made aircraft, aid necessary to support IAEA is vital to the national security interests of Iran. The Conferees intend to evaluate care- efforts in Iran, and democracy promotion the United States. ‘‘Cooperating actions’’ fully any certifications under this Special initiatives. The exception related to internet must include a substantial number of the fol- Rule. communications extends to personal commu- lowing types of actions: Section 102(h). Effective Date. In order to nications, as provided for in section 560.540 of —restricting Iran’s access to the global fi- clarify the timing of application of the Act, the Code of Federal Regulations; it does not nancial system; subsection 102(h) further provides that the apply to the Iranian Government or any af- —limiting Iran’s import of refined petro- provisions of section 102 shall take effect on filiated entities. Notwithstanding the excep- leum products and refinery equipment; the date of enactment of the Act. Invest- tions, the standard requirements pursuant to —strictly enforcing UN sanctions ments sanctionable under the underlying IEEPA to seek a license for such activities —prohibiting commercial activities with ISA shall continue to be unlawful. However, remain in effect. the Iran Revolutionary Guard Corps; pursuant to subsection (g) of this section, Consistent with his existing regulatory au- —cooperating with U.S. anti-terrorism ini- the President shall, in the context of invest- thority, the President is authorized to issue tiatives against the IRGC and other Iranian ment, commence an investigation of a person regulations, orders, and licenses to imple- elements; which engaged in conduct prior to the pas- ment these provisions. In addition, this sec- —taking concrete, verifiable steps to im- sage of this Act that would be sanctionable tion requires asset freezes for persons, in- pede Iran’s WMD programs and its support under ISA and that continues after the date cluding officials of Iranian agencies specified for international terrorism; of enactment. This differs from the under- in ISA and certain of their affiliates that —restricting trade with Iran, including lying ISA by requiring the President to com- have engaged in activities such as terrorism provision of export credits. mence an investigation of sanctionable ac- or weapons proliferation under IEEPA sanc- The President may renew the waiver in six tivities. Likewise, a person that conducts ac- tion. To limit sanctioned persons’ ability to month increments if the President deter- tivities related to the development of Ira- evade U.S. scrutiny and penalty, this section mines that the waiver threshold is met. nian chemical, biological, or nuclear weap- further stipulates that the assets freeze Investigations. H.R. 2194 requires that the ons or related technologies shall be subject should extend to those assets which sanc- President shall immediately investigate a immediately upon enactment of the Act to tioned persons transfer to family members or associates. The Conferees recognize that person upon receipt of credible information the new provisions under the Act. With re- agencies involved in implementing these that such person is engaged in sanctionable spect to refined petroleum-related activities measures will require time to prepare appro- activity as described in section 5. The House- described in paragraph (2) or (3) of section priate evidentiary materials before exe- passed bill further requires the President, 5(a) of ISA (as amended by subsection 102(a) cuting corresponding sanctions, which this not later than 180 days after an investigation of the Act), the new requirement to com- section requires to be imposed as soon as is initiated, to make a determination wheth- mence an investigation shall apply one year er a person has engaged in sanctionable ac- possible. after the date of enactment. Section 104—Mandatory Sanctions with Re- tivity described in section 5. The Senate- Not later than 30 days before the date that passed bill contained no such language. The spect to Financial Institutions that Engage in is one year after the date of enactment, the Certain Transactions. Section 104 establishes Senate recedes. The Conferees believe that a President shall issue a report describing the statutory mandate is required to ensure a sanction in addition to those enumerated President’s efforts to dissuade foreign per- in section 6(a) of ISA, as amended. The addi- sanctionable entities are pursued and pros- sons from engaging in sanctionable activity ecuted. By not enforcing current sanctions tional sanction would require the Secretary described in paragraphs (2) and (3) (facilita- of the Treasury to prohibit from or impose law, the United States has sent mixed mes- tion of Iran’s production and import of re- sages to the corporate world when it comes strict sanctions on U.S. financial institu- fined petroleum), along with a list of each in- tions that establish, maintain, administer, to doing business in Iran by rewarding com- vestment under section 4(e) of ISA, that is panies whose commercial interests conflict or manage a correspondent or payable- initiated or ongoing during the previous one- through account by a foreign financial insti- with American security goals. year period. If the President certifies that Special Rule. However, in order to provide tution if that institution engages in certain there was a substantial reduction in the financial transactions. Targets of this provi- an incentive for companies that are with- sanctionable activities described in para- drawing from Iran, the Act provides that the sion include foreign banks that: (A) Facili- graphs (2) and (3) of ISA, the requirement to tate the Iranian government’s efforts to ac- President need not initiate an investigation, commence an investigation shall be delayed and may terminate an investigation, if the quire weapons of mass destruction (WMD) or by six months. Conferees understand ‘‘sub- to support international terrorism; (B) En- President certifies that the person whose ac- stantial reduction’’ to mean a roughly 20– tivities were the basis for the investigation gage in dealings with Iranian companies 30% reduction in such activities, a similar sanctioned by the U.N. Security Council; (C) is no longer engaging in such activities; and reduction in the volume of refined petroleum the President has received reliable, Help launder money, to aid Iran’s WMD pro- imported by Iran, and/or a similar reduction grams, to support Iran’s sponsorship of ter- verifiable assurances that the person will not in the amount of refined petroleum Iran pro- knowingly engage in such activities in the rorism, or to support companies/persons duces domestically. The President may con- under sanction by the U.N. Security Council; future. tinue to defer the requirement to commence The Conferees provided this Special Rule (D) Facilitate efforts by the Central Bank of an investigation every six months by issuing to allow firms to avoid sanction for activi- Iran to aid Iran’s WMD programs, to support a report containing the above-mentioned ties described in the revised Section 5 of the Iran’s sponsorship of terrorism, or to support items, along with a certification regarding Iran Sanctions Act by taking steps to curtail companies sanctioned by the U.N. Security reduction of activities, for the previous six- and eventually eliminate such activities. Council; or (E) Conduct significant business month period. If the President fails to make Ideally, in order to benefit, a firm would pro- with Iran’s Revolutionary Guard Corps, its the certification, the requirement to com- vide the President the required assurances front companies, or its affiliates, and other mence an investigation shall apply on the that it will not undertake Section 5 activity key Iranian financial institutions currently date the certification was due, and he would in the future, and any other assurances re- blacklisted by the U.S. Department of the then be required to make a determination in quired by the president, in writing. Such as- Treasury. These measures are roughly pat- 45 days. surances should be credible and trans- terned after Section 311 of the USA Patriot parently verifiable by the United States gov- Section 103. Economic Sanctions Relating to Act (31 U.S.C. 5318A), which Conferees recog- ernment. Firms should also be strongly en- Iran. nize as some of our government’s most effec- couraged to provide the President a detailed The Senate bill contained a provision tive targeted financial sanctions. However, catalog of their existing activity in Iran, and building on actions taken under the Iran while the USA Patriot Act measures are gen- a plan for winding down any activity covered Freedom Support Act (IFSA) (P.L. 109–293) erally regarded as defensive of the U.S. finan- by Section 5 as soon as possible. The goal of codifying critical restrictions on imports cial system from special money laundering this measure is to facilitate their withdrawal from and exports to Iran, currently author- concerns, these new sanctions are to be de- from such activities. ized by the President in accordance with ployed in an offensive fashion. Under the To the extent a person benefitting from IEEPA. The House-passed bill contained no Comprehensive Iran Sanctions, Account- the special rule continues activities de- such provision. The House recedes. This pro- ability, and Divestment Act, the Department scribed in section 5, such continuing activi- vision strengthens the current trade embar- of the Treasury is mandated to pursue re- ties should be pursuant solely to a contract go by eliminating certain import exceptions lentlessly foreign banks engaged in business or other legally binding commitment. Con- for luxury and other goods from Iran made with blacklisted Iranian entities. Conferees

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.047 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4768 CONGRESSIONAL RECORD — HOUSE June 23, 2010 expect any conditions imposed on U.S. cor- International Emergency Economic Powers citizens of Iran detained in the aftermath of respondent accounts under this Act to be Enhancement Act of 2007 (P.L. 110–96). This the June 12, 2009, presidential election in stringent and temporary. Most important, if provision imposes similar judicial procedures Iran; ceased its practices of violence, unlaw- foreign institutions do not cease their busi- and penalties on U.S. banks if their foreign ful detention, torture, and abuse of citizens ness with blacklisted Iranian entities, after subsidiaries are doing any business with the of Iran while engaging in peaceful political an appropriate warning, the Treasury De- IRGC, its front companies, or affiliates. activity; conducted a transparent investiga- partment is to direct U.S. banks to sever im- Thus, companies and financial institutions tion into the killings, arrest, and abuse of mediately their correspondent or payable may be subjected to civil penalties of as peaceful political activists in Iran and pros- through account services with these foreign much as either $250,000 or an amount twice ecuted those responsible; and made progress institutions. the value of the actual transaction. Criminal toward establishing an independent Judici- Under the Act, U.S. banks maintaining cor- penalties may be as high as $1 million per ary and respecting internationally-recog- respondent or payable through accounts for transaction and/or entail prison sentences of nized human rights. foreign financial institutions will be re- up to 20 years. Section 106. Prohibition of procurement con- quired to take appropriate steps to ensure Subsection (j) defines key terms, including tracts with persons that export sensitive tech- that they remain in full compliance with ‘‘correspondent’’ and ‘‘payable-through’’ ac- nology to Iran. This section would prohibit this law, which may include due diligence count. the head of any U.S. executive agency from policies, procedures and controls. Subsection Section 105—Imposition of sanctions on certain entering into procurement contracts with an entity that the President determines has ex- (f) provides for a mechanism for domestic fi- persons who are complicit in human rights ported to Iran sensitive communications nancial institutions to conduct audits of abuses committed against citizens of Iran or technology to be used for monitoring, jam- their correspondent or payable-through ac- their family members after the June 12, 2009, ming, or other disruption of communications counts report to the Treasury Department elections in Iran. on compliance, and certify that the foreign by the people of Iran. This section further re- financial institutions using such accounts Section 105 requires the President to im- quires the Comptroller General to submit a are not engaged in sanctionable activities. pose sanctions on persons who are citizens of report assessing the impact of sanctions on Subsection (g) authorizes the Secretary of Iran that the President determines, based on executive agencies’ procurement of goods of the Treasury to waive the application of credible evidence, are complicit in, or re- services with persons that export sensitive sanctions with respect to a foreign financial sponsible for ordering, controlling, or other- technology to Iran. institution opening a correspondent or pay- wise directing the commission of serious Section 107. Harmonization of Criminal Pen- able-through account and with respect to a human rights abuses against citizens of Iran alties for Violations of Sanctions. This section domestic institution engaging in trans- or their family members on or after the harmonizes penalties for violating export actions with the IRGC if the Secretary deter- Presidential elections of June 12, 2009, re- controls and U.S. sanctions across various mines that such a waiver is necessary to the gardless of whether such abuses occurred in statutes with the strongest such penalty national interest of the United States. Those Iran. The President is to do so no later than standards in the U.S. Code, consistent with U.S. financial institutions that fail to com- 90 days after the date of enactment of this the International Emergency Economic Pow- ply with the directives of the Department of legislation. The President will also provide ers Enhancement Act of 2007 (P.L. 110–96). the Treasury—imposing strict conditions, appropriate Congressional committees with The section specifically increases criminal prohibiting correspondent or payable a list of those persons the President deter- penalties for violators of the provisions of through accounts, following appropriate au- mines meet the criteria for sanctions, and the Arms Export Control Act, Trading with diting, reporting, due diligence, or certifi- the President will also be required to submit the Enemy Act, and the United Nations Par- cation measures—are to be subject to the to the appropriate Congressional committees ticipation Act to up to $1 million and 20 same penalties as U.S. banks that fail to updates to the list of Iranian citizens eligible years in prison. comply with Title III of the USA PATRIOT for sanction not later than 270 days after the Section 108. Authority to Implement United Act. date of enactment and every 180 days there- Nations Security Council Resolutions Imposing Once the legislation is enacted, the Con- after, and as new information becomes avail- Sanctions with Respect to Iran. This section ferees expect representatives of the Adminis- able. Furthermore, the unclassified portion authorizes the President to prescribe regula- tration to take all necessary actions to fully of this list will be made available to the pub- tions as may be necessary to implement a implement this section, including by di- lic on the websites of the Department of the resolution imposing sanctions with respect rectly engaging the numerous foreign finan- Treasury and the Department of State. In to Iran agreed to by the United National Se- cial institutions banking with Iranian fin- addition, the President’s list must consider curity Council on or after the date of enact- anciers and supporters of WMD proliferation credible data already obtained by other ment of this Act. and international terrorism. Severing U.S. countries and non-governmental organiza- Section 109. Increased capacity for efforts to correspondent relations with these foreign fi- tions, including in Iran, that monitor the combat unlawful or terrorist financing. This nancial institutions is merely a means to an human rights abuses of the Government of section authorizes funding of $102.6 million end. The goal is the termination of inter- Iran. in fiscal year 2011 for the Office of Terrorism national commerce with Iranian businesses The President shall impose two sanctions and Financial Intelligence of the Depart- that threaten global peace and security. on the Iranian human rights violators listed ment of the Treasury, and such sums as may In general, subparagraph (c)(2)(A) is a con- in his report to the appropriate Congres- be necessary for each of the fiscal years 2012 duct-based prohibition. Thus, if the Sec- sional committees. The first is a visa ban and 2013. This section also authorizes $100.4 retary of the Treasury determines that a for- making those human rights violators ineli- million for the Financial Crimes Enforce- eign financial institution has engaged in gible to enter the United States. The second ment Network and $113 million for the De- transactions that facilitate Iran’s efforts to is financial sanctions authorized under the partment of Commerce. This section also ac- develop WMD or support terrorism, among International Emergency Economic Powers knowledges the Treasury Department’s re- other activities, the Secretary need not des- Act (50 U.S.C. 1701 et seq.). These sanctions cent designation of various Iranian individ- ignate such entities before restricting that include the blocking of property; restrictions uals and banking, military, energy, and ship- entity’s opening or maintaining a cor- or prohibitions on financial transactions; ping entities as proliferators of weapons of respondent account or a payable-through ac- and the exportation and importation of prop- mass destruction pursuant to Executive count in the United States. However, a fi- erty. This section provides for regulatory ex- Order 13382 (50 U.S.C. 1701 note), along with nancial institution doing business with an ceptions, including those to permit the designation of entities in the insurance, pe- entity on the designated list pursuant to United States to comply with the Agreement troleum, and petrochemicals industries that IEEPA would also be barred. Subparagraph between the United Nations and the United the Secretary has determined to be owned or (c)(2)(E) further requires that the Secretary States of America regarding the Head- controlled by the Government of Iran. prohibit or impose strict conditions on a for- quarters of the United Nations, signed June Section 110. Reports on Investments in the En- eign financial institution that (1) facilitates 26, 1947, and entered into force November 21, ergy Sector of Iran. The Act requires the a transaction involving the IRGC, regardless 1947, and other applicable international President, within 90 days of enactment of the of what the transaction was for; or (2) facili- agreements. bill and every 180 days thereafter, to report tates a transaction with any entity on the The President may waive the sanctions re- to the appropriate congressional committees designated list maintained by the Depart- quired by Section 105 if the President deter- on an estimate of the volume of energy-re- ment of Treasury pursuant to its authority mines that such a waiver is in the national lated resources (other than refined petro- under IEEPA, regardless of the type or rea- interest of the United States and submits to leum) including ethanol, that Iran imported son for the transaction. the appropriate Congressional committees a since January 1, 2006, along with a list of all Section 104 would further require the Sec- report describing the reasons for the waiver known energy-related joint ventures, invest- retary to prohibit foreign subsidiaries of U.S. determination. ments, and partnerships located outside Iran financial institutions from engaging in any The provisions of Section 105 shall cease to that involve Iranian entities in partnership transaction involving Iran’s Islamic Revolu- have force and effect on the date on which with entities from other countries. It is the tionary Guard Corps (IRGC), its agents or af- the President determines and certifies to the intention of the Conferees that the report be filiates. U.S. companies already face severe appropriate Congressional committees that undertaken by the Secretary of Energy and civil and criminal penalties for doing busi- the Government of Iran has unconditionally parallel the format of previous reports, in- ness in Iran under IEEPA, as amended by the released all political prisoners, including the cluding one provided as recently as 2006, and

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.049 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4769 should include updated information as pro- in Iran’s energy sector and sets standards for degree of risk, or provides for a higher degree vided by the Energy Information Adminis- them to do so. While not mandating divest- of risk than alternate investments with com- tration (EIA). The report shall also include ment, this section authorizes State and local mensurate rates of return. Section 205 makes information on the effect of Iranian know- governments, if they so choose, to divest certain technical corrections to Sudan Ac- how in the energy sector as a result of joint public assets from entities doing business in countability and Divestment Act of 2007, to energy-related ventures with other coun- Iran. Authorization to divest afforded under clarify the divestment standards contained tries. this Act does not extend to business con- in this Act. Section 111. Reports on certain activities of ducted under a license from the Office of Section 205—Technical Corrections to Sudan foreign export credit agencies and of the Export- Foreign Assets Control, or that is expressly Accountability and Divestment Act of 2007: This Import Bank of the United States. This section exempted under Federal law from the re- section is designed to clarify that Congress requires the President—90 days after the quirement to be conducted under such a li- did not intend, in the Sudan Divestment leg- date of enactment—to submit a report on cense. For example, such licenses or exemp- islation, to imply the creation of a new pri- any activity of an export credit agency of a tions might include humanitarian trade in vate right of action under the Investment foreign country that would be engaged in ac- agricultural and medical products. In its for- Company Act of 1940. tivities comparable to those which would mulation of this section, the Conferees rec- TITLE III—PREVENTION OF DIVERSION OF CER- otherwise be sanctionable under subsection ognized that divestment actions are being TAIN ORIGIN GOODS, SERVICES, AND TECH- taken by investors for prudential and eco- (a) or (b) of section 5 of ISA, as amended by NOLOGIES TO IRAN nomic reasons, as expressed in subsection this Act. Not later than 30 days (or, in ex- Title III of the Senate version of the bill traordinary circumstances, not later than 15 (a), including to address investor concerns about reputational and financial risks asso- provides new authority and imposes new re- days) prior to the Export-Import Bank of the sponsibilities to stop the diversion from the United States approving cofinancing with an ciated with investment in Iran and to sever indirect business ties to a government that U.S. to Iran of critical goods through other export credit agency of a foreign country countries. The House recedes to the Senate. identified in the above-mentioned report, the is subject to international sanctions. The Conferees require that a state or local This provision relates to (1) U.S.-origin President shall inform Congress of such ac- goods, services and technologies that are tion and of the beneficiaries of the financing. government provide notice to the Depart- ment of Justice when it enacts an Iran-re- controlled for export from the United States, The Conferees intend to raise awareness and (2) items denied for export to Iran by a about which countries and persons are en- lated divestment law. Persons are to be in- formed in writing by the State or local gov- United Nations Security Council resolution. gaged in activities comparable to those The purpose is to shut off Iran’s clandestine which would trigger U.S. sanctions and ernment before divestment. Persons then have at least 90 days to comment on that de- acquisition of items and technologies that which may benefit from financing provided would contribute to its weapons development by the Export-Import Bank. cision. Subsection (i)—Authorization for Prior En- programs, its other defense capabilities and Section 112. Sense of Congress on Iran’s Revo- acted Measures. Subsection (i) constitutes a its support for international terrorism. lutionary Guard Corps (IRGC) and its Affiliates. ‘‘grandfather clause’’—it authorizes a state While U.S.-origin items do not make a sig- Expresses the sense of Congress that (1) the or local government to enforce a divestment nificant contribution to Iran’s military or U.S. should persistently target with sanc- measure without regard to the procedural re- terrorism capabilities, by utilizing U.S. glob- tions Iran’s Revolutionary Guard Corps, its quirements and scope of this section up to al jurisdiction over our export-controlled supporters and affiliates, and any foreign two years after the date of the enactment of items, effective leverage can be utilized to governments determined to be providing ma- the Act. After two years, if the state or lo- identify and shut down Iran’s black-market terial support for the IRGC; (2) identify any cality has complied with the procedural re- technology acquisition and proliferation foreign individual or entity that is an agent, quirements required by the Act regarding around the world. alias, front, instrumentality, official, or af- notice, the state or locality may enforce a Section 301—Definitions. This section de- filiate of Iran’s Revolutionary Guard Corps measure that provides for divestment, not- fines terms used in this title including: or providing material support to the IRGC; withstanding any other provision of law. In allow, Commerce List, end user, entity and (3) immediately impose sanctions on the order to secure the protections of the Act, owned or controlled by the Government of individuals, entities, and governments de- state and local entities which have not en- Iran, Export Administration Regulations, scribed in paragraph (2). acted or adopted divestment measures prior government, Iran, state sponsor of terrorism, Section 113. Sense of Congress Regarding Iran to the date of enactment must abide by both as well as diversion. and Hezbollah. Expresses the Sense of Con- the scope and procedural requirements it Section 302 requires the Director of Na- gress that the U.S. should continue to: (1) outlines. tional Intelligence to identify, on an ongoing work to counter support for Hezbollah from Section 203—Safe harbor for changes in in- basis, those countries that allow diversion to Iran and other foreign governments; (2) tar- vestment policies by asset managers. This sec- Iran, either directly or through indirect get with sanctions Hezbollah, its affiliates tion adds to measures authored by the Sen- routes, of U.S.-origin goods services and and supporters; (3) urge other nations to do ate and enacted last year authorizing divest- technologies and items prohibited for Iran the same; and (4) take steps to renew inter- ment from certain Sudan-related assets under a UN Security Council resolution. The national efforts to disarm Hezbollah. (Public Law 110–174), allowing private asset Director shall report such countries to the Section 114. Sense of Congress Regarding the managers, if they so choose, to divest from President, relevant departments and the Imposition of Multilateral Sanctions with Re- the securities of companies investing $20 Congress. spect to Iran. Expresses the Sense of Congress million or more in Iran’s energy sector, and Section 303 requires the President to des- that, in general, multilateral sanctions are provides a ‘safe harbor’ for divestment deci- ignate Destinations of Diversion Concern more effective than unilateral sanctions sions made in accordance with the Act. A and authorizes U.S.-provided training, tech- against countries like Iran, and that the major concern inhibiting divestment has nical assistance and law enforcement sup- President should continue to work with our been the possibility of a breach of fiduciary port to strengthen other governments’ capa- allies to impose multilateral sanctions if responsibility by asset managers who decide bility to stop diversions to Iran. For govern- diplomatic efforts to end Iran’s illicit nu- to divest. The Conferees thus find that fund ments that take effective action against di- clear activities fail. managers may have financial or reputational version to Iran, the President removes the Section 115. Report on Providing Compensa- reasons to divest from companies that accept designation. Specific standards are required tion for Victims of International Terrorism. This the business risk of operating in countries to be met by a country in halting diversions section requires the President to submit a subject to international economic sanctions. to Iran. report within 180 days of enactment on equi- Fund managers will still be required to ob- Further under Section 303, for govern- table methods for providing compensation on serve all other normal fiduciary responsibil- ments identified under Section 302 that are a comprehensive basis to victims of acts of ities. The Securities and Exchange Commis- deemed resistant to U.S. engagement, or international terrorism who are citizens or sion is required to promulgate rules as nec- where U.S. assistance fails to secure coopera- residents of the United States or nationals of essary that require fund managers to dis- tion, the President must require a license, the United States. The Conferees intend to close their divestment decisions made pursu- under the Export Administration Regula- address concerns presented by numerous ant to Section 203 of this legislation in reg- tions, for the export from the U.S. of any plaintiffs groups that have yet to gain com- ular periodic reports filed with the Commis- good, service or technology that, if diverted pensation for terrorist attacks. sion. to Iran, would contribute to Iran’s weapons TITLE II—DIVESTMENT Section 204—Sense of Congress regarding cer- programs, defense capabilities or support of Section 201—Definitions. This section de- tain ERISA Plan investments. This section ex- terrorism. There would be a presumption of fines terms used in this title including: en- presses the sense of Congress affirming pen- denial for all applications for such licenses. ergy sector, financial institution, Iran, per- sion managers’ rights to divest from compa- The requirement for a license could be de- son, state, and state or local government. nies investing $20 million or more in Iran’s layed during efforts by the U.S. to assist a Section 202—Authority of state and local gov- energy sector if the fiduciary makes the di- country to take effective action to stop di- ernments to divest from certain companies that vestment decision based upon credible public versions to Iran. invest in Iran. This section authorizes States information, and determines that the action Section 304 requires a report to Congress by and localities to divest from companies in- would not provide a lower rate of return than the President on other countries that may be volved in investments of $20 million or more alternate investments with a commensurate allowing diversion of certain U.S.-origin

VerDate Mar 15 2010 05:27 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.050 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4770 CONGRESSIONAL RECORD — HOUSE June 23, 2010 items to other countries, aside from Iran, and (2) has ceased the pursuit, acquisition, section 302(b) through the country to Iranian that may be seeking nuclear and other weap- and development of nuclear, biological, and end-users or Iranian intermediaries; and to ons of mass destruction, other defense tech- chemical weapons and ballistic missiles and comply with and enforce appropriate U.N. nologies, or other capabilities for terrorist ballistic missile launch technology. Security Council Resolutions. The Conferees support. Waiver. Subsection (b) provides that the intend that the waiver authority in this sec- Section 305 clarifies and reinforces the stat- President may waive the application of sanc- tion shall be case by case and shall not be utory law enforcement authority for agents tions under section 103(b), the requirement used as a general waiver. of the enforcement division of the Commerce to impose or maintain sanctions with respect Authorization of Appropriations. Subsection Department’s Bureau of Industry and Secu- to a person under section 105(a), the require- (c) provides that there are authorized to be rity, so that they can fully carry out the ex- ment to include a person on the list required appropriated to the Secretary of State and panded duties required by enactment of this by section 105(b), the application of the pro- the Secretary of the Treasury such sums as legislation. hibition under section 106(a), or the imposi- may be necessary to carry out Titles I and TITLE IV. GENERAL PROVISIONS tion of the licensing requirement under sec- III of this Act. Further, the Act authorizes Sunset. The House-passed bill contained a tion 303(c) with respect to a country des- to be appropriated to the Secretary of Com- ‘‘sunset’’ provision specifying the conditions ignated as a Destination of Diversion Con- merce such sums as may be necessary to for termination of petroleum-specific sanc- cern under section 303(a) if the President de- carry out Title III. tions. The Senate contained no such provi- termines that such a waiver is in the na- COMPLIANCE WITH CLAUSE 9 OF RULE XXI sion. Adopting the House approach, section tional interest of the United States. If the 105(a) provides that—except for several pro- President does elect to use the waiver of Pursuant to clause 9 of rule XXI of the visions—the provisions of the Act shall ter- 303(c) rather than delay imposition of export Rules of the House of Representatives, nei- minate if the President determines and cer- restrictions, he must provide an assessment ther this conference report nor the accom- tifies to the appropriate congressional com- to Congress of the steps being taken by the panying joint statement of managers con- mittees that Iran: (1) has ceased providing country to institute or strengthen an export tains any congressional earmarks, limited support for acts of international terrorism control system; to interdict the diversion of tax benefits, or limited tariff benefits as de- and is no longer a state sponsor of terrorism; goods, services, or technologies described in fined in clause 9 of rule XXI. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR THE CONFERENCE REPORT TO ACCOMPANY H.R. 2194, THE COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010, AS PROVIDED TO CBO ON JUNE 23, 2010 (FILENAME MAR10519)

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

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 Note: H.R. 2194 would ban certain imports from Iran and impose sanctions on certain entities that conduct business with Iran. The act would reduce customs duties and impose civil and criminal penalties, but CBO estimates those ef- fects would not be significant in any year.

From the Committee on Foreign Affairs, for Mr. KING of Iowa. Madam Speaker, According to the Constitution, all consideration of the House bill and the Sen- it’s an honor to have the opportunity spending starts here—not in the Sen- ate amendment, and modifications com- to address you here on the floor of the ate. It starts here. And traditionally, mitted to conference: House of Representatives, and picking the House has received the President’s HOWARD L. BERMAN, up where my colleagues left off, they budget, his budget recommendation. GARY L. ACKERMAN, BRAD SHERMAN, have given, I think, a good presen- We’ve evaluated that budget in the JOSEPH CROWLEY, tation over the last 60 minutes that process of moving a budget resolution DAVID SCOTT, covered a lot of important territory here in the House—in a responsible JIM COSTA, with regard to the budget and the fashion when Republicans were in RON KLEIN, spending. I think they’ve made the charge at least. I think in a less re- ILEANA ROS-LEHTINEN, point that since the rules of the House sponsible fashion, but at least it got DAN BURTON, required a budget resolution, this done before when Democrats were in EDWARD R. ROYCE, House has never before failed to pass a charge, until now. MIKE PENCE, budget. There are political reasons for From the Committee on Financial Services, 1930 that. b for consideration of secs. 3 and 4 of the House I happen to see a quote over on the But the spending has been so irre- bill, and secs. 101–103, 106, 203, and 401 of the sponsible that even the irresponsible Senate amendment, and modifications com- wall that I hadn’t picked up before, and mitted to conference: it didn’t attribute it to anyone, but I overspending Democrats don’t have BARNEY FRANK, am pretty sure it wasn’t a Republican, enough will to bring a budget to the GREGORY W. MEEKS, Madam Speaker. It was a quote that, floor and allow it to be debated and SCOTT GARRETT, generally speaking, was this, that, voted upon here on the floor of the From the Committee on Ways and Means, for well, until the deficit reduction com- House, where the rules require us to do consideration of secs. 3 and 4 of the House mission would meet and produce a de- so. Because why? Because the Presi- bill, and secs. 101–103 and 401 of the Senate cision, we couldn’t possibly pass a dent has appointed a Deficit Reduction amendment, and modifications committed to budget here in the House. And that Commission, after spending trillions of conference: would be—oh, let me see, a week or two dollars irresponsibly, and now he has SANDER M. LEVIN, JOHN S. TANNER, or so after the election in November. put these brains to work to figure out DAVE CAMP, Imagine, Congress can’t do its work how to solve an unsolvable problem. Managers on the Part of the House. unless the President appoints a deficit I know what that feels like, Madam commission, and that deficit commis- Speaker. I remember going through the CHRISTOPHER J. DODD, farm crisis in the eighties. I remember JOHN F. KERRY, sion couldn’t possibly return a rec- JOSEPH I. LIEBERMAN, ommendation to this Congress until when asset values were going in a ROBERT MENENDEZ, after the people have spoken. downward spiral and opportunities for RICHARD C. SHELBY, It’s amazing to me, Madam Speaker. increasing revenue were also going in a ROBERT F. BENNETT, The people have spoken. The people in downward spiral, and the customer RICHARD G. LUGAR, this country have elected their Rep- base that I had was doing what was Managers on the Part of the Senate. resentatives that serve on this side of happening to me. My bank was closed f the aisle over here in the majority, on down by the FDIC. All accounts were this side of the aisle over here in the frozen. Commerce came to a halt. I had BROKEN PROMISES minority. We have a responsibility to two pennies in my pocket, a payroll to The SPEAKER pro tempore (Ms. step forward and bring a budget, and meet, kids to feed, a business to run, MARKEY of Colorado). Under the Speak- that budget needs to be the reflection bank loans to pay even though the er’s announced policy of January 6, of spending discipline and the spending bank was closed by the FDIC, opened 2009, the gentleman from Iowa (Mr. priorities of the House of Representa- up next Monday by new owners. I know KING) is recognized for 60 minutes. tives. how that thing works.

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.052 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4771 You set your priorities. You step up them carrying a student loan debt that But here’s what I know. When govern- to your responsibilities. But I have sat might be, oh, let’s say—pick a number ment is putting out borrowed money to there at my desk during those years in the ballpark. It’s not a statistical pay people to do something else that’s with my legal pad and my calculator number. It’s a ballpark number. Maybe in competition with the private sector trying to figure out how to make it $40,000 worth of student loans when or pay people not to work, it’s awfully work. And I know what it feels like they finish college. hard to recover economically, because when you think that there is some- That burden of servicing the interest it takes the private sector to bring us thing wrong with your brain because and the principal on a $40,000 student out of this economy. you can’t solve a problem. loan, we worry about that. Well, I So this White House now has taken a Well, there is something wrong with would be happy to take that $40,000 look at the model of the thirties, and the people’s brains that spent all this loan and a guarantee of a college de- the President of the United States, his money all right. And now the problem gree and think that child could pay lesson, his takeaway from the whole they can’t solve is how to present a that off. lesson of the Great Depression was budget to the Congress because they But for nothing. They don’t get a col- this: FDR lost his nerve. That’s what have created an intractable, unsolvable lege degree. They don’t get an edu- the President said, February 10, 2009, budget problem not by being caught in cation. They just get access to citizen- before our conference, ten feet away an economic downward spiral exclu- ship of the United States of America from me, said FDR lost his nerve. He sively, but by going into a downward for their $44,000 that’s their share of should have spent a lot more money. If spiral where Federal revenues are being the national debt, a little baby with he had spent more money, the Presi- reduced in proportion to the downward ink on their foot stamped right there dent’s opinion, this country would have economic spiral while they are increas- on the birth certificate. There is one in come out of the Great Depression al- ing the spending like they are in an up- this country we haven’t seen, but the most before it—he didn’t say this ward economic spiral. These two things footprint on those we have seen, those word—but you know, before we got into are going opposite directions. Federal little babies owe Uncle Sam $44,000. the depths of it. And he argued that revenues are going down; Federal And, Madam Speaker, when that lit- FDR lost his nerve, should have spent spending is going up. tle child enters into fifth grade, and I more money. If he had done that, we The divergence of these two lines, the picked fifth grade because that’s the would not have had the depression that income and the outgo, have gotten so budget cycle. We do 10-year budget cy- lasted a full decade and more. far apart that even the people without cles, and we calculate our revenue And he argued that because FDR lost a conscience towards balancing a budg- stream. We calculate our outgo over a his nerve and failed to spend enough et, and I mean the Democrats in this 10-year period of time. We put a num- government money, what we had was— Congress, they are having a little trou- ber figure on something like, oh, let’s and this is according to the President’s ble selling the idea to the Blue Dogs. say ObamaCare, what does that cost? words—a recession within a depression, Yes, Blue Dogs have gone underground. That’s over a 10-year period of time. So and unemployment numbers that went They have been quiet. They haven’t when that little child, from 10 years to up during that period of time instead of been as active as they were in the past. the time they are born, they will be down. And then he said along came They are certainly not as bold as they starting fifth grade. When they start World War II, which was the greatest have been when I used to stand here fifth grade, that little child that owes economic stimulus plan ever. and take lectures from the Blue Dogs Uncle Sam $44,000 that was born today I would even take issue with that that said, We want to balance the owes Uncle Sam at that point, starting statement. But I am going to concede budget. What’s wrong with Republicans in the fifth grade, $88,000 under Presi- his point there and not make an argu- that they can’t balance the budget? dent Obama’s budget. Doubles the indi- ment about it, Madam Speaker, be- Well, nothing wrong with me, be- vidual national debt share just pro- cause there is some basis for that cause I voted for every balanced budget jecting the President’s budget. And statement. It’s not completely off base that’s been offered on the floor of this that, Madam Speaker, is with the at all. There is just a different perspec- House since I came here. And I don’t President’s own numbers. It’s that bad. tive that I would emphasize. know why I wouldn’t continue to do There isn’t going to be a solution that. And we are looking for a chance coming out of the deficit commission But I would argue that sending this to bring a balanced budget to the floor because there is an intractable problem Nation into debt and borrowing money again, and we will. We will if we can that’s been created by irresponsible and putting it into the hands of people break the mold here. overspending and a myopic, wrong- not in exchange for production, but But this House, led by the Speaker, headed view that John Maynard just in exchange sometimes for make- NANCY PELOSI, has so kowtowed to the Keynes had the right idea when he work or doing something was not the President’s spending priorities and came up with this cooked-up theory right way to come out of a depression spent trillions unnecessarily. The num- back before the Great Depression began or a recession. What we need to do is ber that I had added up in my head that if you wanted to recover from an increase productivity. We need to get standing on the floor here a week or economic downward trend you would the private sector more competitive. two ago was $2.34 trillion of unneces- just take a lot of government money And he has done everything but let the sary spending, $2.34 trillion. and borrow it from somewhere and private sector get more competitive. And the President’s budget as he pre- dump it into the economy, give it to But this Keynesian economist on sented it, it’s the only budget we’ve got people, and get them to spend it. steroids, which is our President, has to go with. No conscience to try to bal- That’s the Keynesian economic theory. not made what he considered to be the ance it. No conscience to try to limit Government would put money into same mistake that Franklin Delano it. Today a baby born in America, their the hands of people; people would go Roosevelt made. Remember, Roosevelt share of the national debt—you just spend the money, and spending that lost his nerve. He didn’t spend enough might say that here’s the IOU that money would stimulate the economy. money. The President hasn’t lost his that little old baby, when their foot- That was his plan coming into the thir- nerve. He spent a lot more money than print goes down on the birth certificate ties. When FDR was elected, that’s FDR would have thought of spending. is an acknowledgement that their what they did. They overspent. They He spent a lot more money than John share of the national debt that they spent the country into more deficit Maynard Keynes would have thought of owe Uncle Sam is $44,000. And we worry than they had seen before, and bor- spending. about that little child, all the money rowed money and put it into the econ- Keynes’s argument was this. He said, that it takes to provide health care and omy in all kinds of programs. The I will solve all the unemployment in education and clothing and housing WPA, the CCC come to mind as some of America for you, and here is how I will and nurture and love to bring that those programs. do it. We will go get a whole bunch of child up into responsible adulthood. Now, that was nice for the people American cash—now, I am para- That little old child that grows into re- there that got the government jobs, phrasing here; there is an exact quote sponsible adulthood, we worry about and it was nice to have the soup lines. that does take this message out—a

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.137 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4772 CONGRESSIONAL RECORD — HOUSE June 23, 2010 whole bunch of American cash, Amer- the economy and the increased produc- eral Motors at what, the expense of the ican dollars, and I will find an aban- tivity component of the economy gets secured creditors, the stockholders, the doned coal mine. And we will go out high enough, then there is disposable bondholders that had the first mort- and we will drill holes with a drill rig wealth for us to spend to enjoy life, gage on the asset values of General Mo- all over into that abandoned coal mine, like go to the ball game, go on a vaca- tors taken out by the White House. and we will stuff these holes full of tion, take the kids fishing, go to Dis- cash. And then we will haul garbage in ney World, take the family out to b 1945 there and fill that abandoned coal mine Washington, D.C., see the monuments, up with garbage—this is before the go to the National Archives and to Ar- Never before in America have we seen EPA, you might remember—and then lington Cemetery. Those things, that’s a scenario like that where it was testi- we will just turn the entrepreneurs from disposable income that comes fied under oath by the Treasurer of the loose to go in and dig up the money. out, the recreational travel, the non- State of Indiana that in the case of We will solve all the unemployment essential things that we spend money Chrysler, the Obama White House went problem. on, and that creates another industry. into the bankruptcy court and dictated People will go in and dig up the But as you chase those industries terms going in, and the terms that money. There will be a whole industry down, you will chase them down to came out after chapter 11 were exactly involved, almost like mining it for those components that are essential for the terms dictated by the White House. gold. I am adding an embellishment the survival of Homo sapiens on this Of the testimony that took place in the here, because I have included Keynes’s planet. That’s the real economy. That’s chapter 11 bankruptcy hearings, there image of this and I am adding the em- the economy we’ve got to stimulate. wasn’t one jot or tittle that was bellishment beyond. So his idea was, That’s the one we have to let grow. It’s changed as a result of the testimony though, that people would go in, dig stimulated by low taxes; it’s stimu- because the White House dictated the through the garbage, dig up the money lated by low regulation, and it’s stimu- terms. out of the holes in the abandoned coal lated by entrepreneurs that understand The Obama administration were the mine, and it would become an industry. the idea that they can invest some only ones that were evaluating the as- And they would probably need some money or create an endeavor that will sets of Chrysler going into chapter 11. equipment. They would need shovels at produce a profit for them that feeds And who is the only buyer on the other least, and there would be people indus- their family and builds up some capital side? Well, the White House. Never be- triously digging through garbage and that can be used to increase their pro- fore in a bankruptcy court. That is un- pulling the cash out and taking it to ductivity so that the business can grow just. You can’t get justice out of a sce- town. It wouldn’t even be like gold and they can hire employees and people nario of a chapter 11 bankruptcy court where they had to go to the assay of- have jobs. That’s the economy we are that allows the same entity that is set- fice. Cash was just as good. supposed to support. ting the terms to be the entity that is It reminds me of the movie that was I think it’s completely outside the buying. produced that had the Beatles in it understanding of the White House. I The White House is saying here is years and years ago called ‘‘The Magic look around and I wonder who in the what the value of Chrysler is and here Christian.’’ And in ‘‘The Magic Chris- White House has actually signed the is what we are willing to pay and no- tian’’ movie, they wanted to emphasize front side of the paycheck. Who’s had body else gets to be a bidder. And in that there were a lot of greedy people employees? Who’s started a business? the case of General Motors, take these in the world. And they filled this swim- Who’s bought a business? Who’s main- shares away from the shareholders, ming pool full of all kinds of sewage tained and expanded an existing busi- take the assets away from the secured and garbage and junk and things that ness that’s in the White House circle? bond holders, push them over there and would be revolting to jump into. And Who thinks like a free enterprise capi- turn them over to the United Auto then there is a scene in the movie talist or like an entrepreneur? Is there Workers. where doctors and lawyers and profes- anybody there that has an instinctive So what, so they can run the business sionals and probably gangsters and understanding of what it’s like to start of General Motors for the benefit of the every character that you can think of with something or maybe even start people affected by it. Doesn’t that that they wanted to denigrate—they with nothing and create jobs and sound good. Doesn’t that sound great, filled it full of garbage and junk and wealth? That’s what America has done. Madam Speaker. Run a Fortune 500 sewage and then dumped a bunch of We have had the scenario that lets us company for the benefit of the people cash in there. They had people diving do that. We have had the entre- affected by it. Where have I heard that into that, fighting over the cash. That preneurs. We have had the people with language before? Run a business for the image in ‘‘The Magic Christian’’ is the the dream that came to the United benefit of the people affected by it. Oh, same image, a similar image that’s cre- States because they knew this was a yes, I know where I have heard that ated by John Maynard Keynes. But place where they could be allowed to language before, Madam Speaker. I those things don’t produce an econ- succeed, and no one could come and read it on the Socialist Web site. You omy. They don’t produce wealth. take away the fruit of their labor and can go read it yourself, dsausa.org. We have to be an economy that pro- their endeavor. That’s been the Amer- They want to nationalize the Fortune duces goods and services that are es- ican Dream and it’s been the American 500 companies which would include sential first for the survival of human- guarantee. General Motors and Chrysler. I don’t ity and then essential to improve the And now, now the White House can know if it includes BP, but I imagine productivity of humanity. And the go in and order the terms of a bank- they are in their sights today. next level is so that there is a savings ruptcy for Chrysler or General Motors And they say we are not Com- or disposable income component to this and direct that 17.5 percent of the munists; we are Socialists. We don’t so that we can go do the things we shares of General Motors be handed want to nationalize every business in enjoy doing. But if an economy com- over to the labor unions, the United America; we just want to nationalize presses down to the essentials, it will Auto Workers who didn’t have skin in the Fortune 500 companies and a few be a survivalist economy where our ef- the game except the potential for a fu- others that catch our attention. And fort and our industry goes towards ture job. And yes, they had a benefits we want to manage them for the ben- staying alive. package out there, but their skin in efit of the people affected by them. The next level is the level of produc- the game wasn’t conceded. They didn’t That is a quote: manage them for the tivity where our endeavor increases concede a single point. Maybe some benefit of the people affected by them. our productivity so that we can be outside claims on insurance that could Dsausa.org, it is the Socialist Web site, competitive and we can compile wealth come in later years that all of them at who, by the way, tell us they don’t run and use that wealth to increase our the table believed was going to be re- candidates on the Socialist ticket as if productivity that then increases our placed by ObamaCare anyway. There they were Democrats, Republicans, standard of living and our quality of was no risk on UAW. They got handed Libertarians or Communists. They run life. And if the survival component of 17.5 percent of the ownership of Gen- candidates on the Democrat ticket as

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.138 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4773 Progressives, and they say the Progres- sive Members of Congress caucus Web the unstimulating economy that has sives are the legislative arm of the So- site as an agenda. And this agenda is bogged down Western Europe for a long cialists. being carried out by the White House time, that the vitality in this Amer- So I read this and I am thinking, all and people are proudly advocating for ican economy that keeps chugging right, but why would I take that seri- these ideas while never admitting that along is rooted in the individual entre- ously? They are attaching themselves they are a Siamese twin of the Social- preneurs that are the invisible hands to the Progressives in Congress, so I re- ists, who brought this out, and they that are making decisions every day search a little more. I find out that have done this for a couple of decades that turns this economy and makes it there is a Web site for the Progressives or more and made this advocacy. move. here in Congress. The gentleman from Senator of Vermont We are not about to give up on free Arizona (Mr. GRIJALVA), it is a Web site is the one member of the Progressive enterprise even though we have people that has his name on it now. It is often Caucus, at least on the list, he is not in that don’t believe in it that own the up here on a blue board with white let- the House but he is in the Senate, gavels today, even though we have a ters that is presented by KEITH ELLISON Madam Speaker, Senator BERNIE SAND- President of the United States and a of Minnesota. I see him constantly ad- ERS. He is a self-avowed Socialist. I White House staff and a lot of the Cabi- vertising the Progressives. know of no one who has tried to rebut net that don’t understand, nor do they So I go back and do a little research, his statement that he is a Socialist. He appreciate or believe in free enterprise and I find out that the Socialists were is a proud Socialist United States Sen- capitalism. I doubt if there is anybody the ones that managed the Progressive ator. He remains, I believe, a member out there in the White House that can Web site until 1999. Yes, they are an in good standing as a member of the say, Yes, I read ‘‘Wealth of Nations.’’ I offshoot. They are joined together at Progressive Caucus over here. BERNIE understand it. I understand the divi- the hip. They are Siamese twins. The SANDERS advocates many of the things sion of labor. I understand the com- Progressives here in Congress are the that are on the Progressive Web site, parative advantage that Adam Smith Siamese twin of the Socialists of and certainly they are tied together. I wrote about. No, they understand Karl America. The Socialists ran their Web have explained how that works. He is Marx, but they don’t understand Adam site until they took a little heat in the highest profile Socialist in the Smith. 1999, and then they decided the Social- United States of America, and no one This is where we are, and it is why we ists running the Progressive Web site has challenged his position that he is a have to push the reset button in No- was a little too obvious a link, so the Socialist. That would be like someone vember. This Nation is resilient. We Progressives took over their own Web saying STEVE KING is not a Republican, can come back from this. We have a lot site and started to run it from there. Madam Speaker. And so I take him at of debt and deficit that we have to pay But the Socialists still have on their his word. Senator SANDERS from off. We have a lowering national image Web site the proud bond between them Vermont is a Socialist. They have abroad. We have a military that took a and the Progressives in the United elected him; that is how it goes. I don’t serious reset today, and I pray that it States Congress. like it, but that is how it goes. I don’t gets turned out for the best. The last time I looked at the list of dislike him; I just disagree with him I think that some of our tasks are the Progressives on the Progressive philosophically. But that is how it goes very difficult, but finding our soul is Web site, there were 77 Members of in America. going to be the most difficult one. Congress that were listed. Of these 77 So he is a Progressive and a Social- America will produce and bring us to a Members, they would be obviously ist, and we have 77 Progressives in this greater level of greatness yet if we find among the most liberal left wing Mem- Congress. Well, are they Socialists? I our soul, if we redefine and identify the bers of Congress. But the people in think many are. I don’t know if all are. pillars of American exceptionalism and America don’t think of liberal left But I know this: if you look at the vot- chart ourselves down that path that wing Democrats as Socialists. They ing records of President Obama when goes beyond the shining city on the hill think of them as people who are for a he was in the that Ronald Reagan so well spoke of little more social justice, but they serving with BERNIE SANDERS, it is and take us to the level that we can don’t think of them as Socialists. If clear that President Obama voted to achieve, that we can see just beyond they would read the Socialist Web site, the left of Socialist Senator SANDERS our horizons now. I think that would be a pretty good de- of Vermont, consistently to the left. Truthfully, I didn’t come here to scription of what a Socialist is. So, Madam Speaker, the argument is speak about any of the things I have When you read on the Web site that not what is the ideology of our Presi- spent the last half hour discussing. I they want to nationalize the Fortune dent. It is what is to the left of a So- wrote a number of subject matters 500 companies, and then you can mini- cialist. That is the argument that is down on a piece of paper, and I would mize your dsausa.org Web site, and out there and what we need to consider like to refer over. I mentioned, Madam then open up the Progressive Web site and contemplate. I believe this, that if Speaker, the ObamaCare issue. And and read on there what they want to you want to declare something not to here is where we are. Whether it was 2 do. Well, let me see. They want to na- be Socialism, however it is Socialism, months or 3 months ago today that tionalize the energy industry in Amer- you have to figure out how to redefine ObamaCare passed, I think this is a ica. They want to nationalize the oil something to the American people. monthly anniversary of that tragic day refinery in America. Those would be They are smart enough to know what when this Congress refused to use its statements written and said, stated by words mean. They know what Social- common sense and refused to listen to MAXINE WATERS of California and MAU- ism is. They know what irresponsible the will of the people. Somehow they RICE HINCHEY of New York respectively. overspending is. seem to be shut up here in Washington, I read those statements through the They know when a President and a and the constituents couldn’t get to press, and I hear them make them. I go Congress, led by Speaker PELOSI and them and they hammered through and back and look at the Progressive Web Majority Leader REID, disagree with force fed an ObamaCare bill on the site, and it says on there: Proud Mem- the will of the American people. They American people that today is the law ber of the Progressive Caucus, MAXINE understand that it is free enterprise of the land. WATERS, MAURICE HINCHEY. And then I that has driven the economy of this There was a cry that went out for al- go over to the Socialist Web site and I Nation to success, and economically most a year from this country of the read on there, We want to nationalize has been the component that allowed people that said I don’t want my health the Fortune 500 companies. We want to for the United States of America to be care taken over and nationalized by nationalize the energy industry. We the unchallenged greatest Nation in the Federal Government. And bills that want to nationalize the oil refinery in- the world. They understand that the came in, 1,994 pages dropped on us near dustry. bogged down economies, managed the end of October. It was a Thursday, You see the pattern here, Madam economies, whether it was central 1,994 pages. We held a quick meeting a Speaker. What is on the Socialist Web planning in the Soviet Union that fi- couple of hours after the bill was out. site is an agenda. It is on the Progres- nally collapsed in 1991, or whether it is We didn’t get a warning. Nobody is

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.139 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4774 CONGRESSIONAL RECORD — HOUSE June 23, 2010 working with our side of the aisle. This the Senate was passed that day when If you like your health insurance pol- is all drop the ambush on them if you ObamaCare was passed. Maybe that’s icy, you get to keep it, I promise. Well, can. Don’t give them time to regroup inside baseball, Madam Speaker, but so what? Your promise means nothing their forces. We are going to bring this here’s where the American people are because what we know today is there ObamaCare bill and try to turn it into today. Wherever I go in this country I isn’t a single policy in America that law. hear people say, ‘‘I want my country anybody believes that they get to keep Well, a couple of hours after it was back.’’ They have seen this administra- on the other side of the implementa- electronically available, our very as- tion—and, yes, some of it started in the tion of ObamaCare. tute staff put together an analysis of previous administration—but it had ev- And so if I’d stitch this back to- ObamaCare. And after that 2 hours, erything that I’m about to list, it had gether, the list that I’ve gone they presented us in the period of 100 percent support of Barack Obama through—the banks, AIG, Fannie and about an hour what they thought was whether he was a United States Sen- Freddie, General Motors, Chrysler, stu- in it in a quick cursory example. They ator, whether he was the President- dent loans, all of that, a third of pri- broke it apart in titles and went down elect, or whether he was the President vate sector activity—ObamaCare, 17.5 through the titles and told us what of the United States, had most of it percent of the private sector activity of they thought we had. I thought they under his guidance as President of the the health care swallowed up, taken did a very good job of it, and it was United States. over by the time this is implemented in very accurate. I appreciate the work Here’s what happened. This Federal 2014. And so now we’re at 51 percent of that was done. We understood this: we Government took over, nationalized— the former private sector activity now had to kill the bill. We put all kinds of and when I say nationalized, I mean nationalized, taken over, under the effort into that. People from every ownership, management, or control ownership, management, or control of State came to this city to lend their of—three large investment banks, AIG, the Federal Government. voices in trying to kill ObamaCare be- Fannie Mae, Freddie Mac, General Mo- The gentleman earlier talked about cause they wanted to keep their free- tors, Chrysler—where am I going? Hugo Chavez. I remember seeing a pic- dom. There’s more to this. All the student ture of the President glad handing his loan programs in America, all of that handshake with Hugo Chavez almost a b 2000 swallowed up by the Obama adminis- year ago. And I said at the time, when I want to keep my freedom, and I tration. And I’m going to go through it comes to nationalizing companies— joined with them. that, that’s one-third of the private Hugo Chavez had just taken over a We came very, very close in Novem- sector activity according to Professor Cargill rice plant in Venezuela, but ber, December, right down to Christ- Boyles at Arizona State University, when it comes to nationalizing compa- mas Eve when HARRY REID, the old one-third. nies, Hugo Chavez is a piker; he cannot scrooge, put the bitter pill out there on And then, along came ObamaCare, hold a candle to the President of the the floor of the Senate and America which passed. The gentleman earlier United States. And that’s just a fact, was force-fed that bitter pill that took talked about that being 17 percent of Madam Speaker, it’s not an embel- away the liberty of the American peo- our economy. The number I see is 17.5 lished fact, it’s just a fact. ple and nationalized our skin and ev- percent. Well, we’re close, we’re within So today we’ve lost 51 percent of our erything inside it. That passed the Sen- half a percentage point, who really private sector activity to the national- ate on Christmas Eve, and then it still knows? But when I add it up, I added 18 ization of this Federal Government. had to face a cloture vote in the Sen- to 31 percent, that takes us to 51 per- They have nationalized, under ate. The people from Massachusetts cent. The question is, whether it’s 50.5 ObamaCare, our skin and everything rose up and decided they were going to percent or 51 percent of the private sec- inside it. The most sovereign thing do the improbable and the impossible, tor activity taken over by this Federal that we have, now we can’t manage it and they elected Scott Brown to the Government—three large investment the way we managed it before. It will United States Senate, who said, I will banks, AIG, Fannie Mae, Freddie Mac, be that we can only manage our health oppose ObamaCare, and he came here General Motors, Chrysler, all the stu- care in the future under the permission to do just that. And in an unusual and dent loans in America, now the nation- of the Federal Government. And by the in an unexpected and a unique tactic, alization of our bodies, of our health way, nationalize our skin and every- they circumvented the vote in the Sen- care, taking away a person’s individual thing inside it. And let’s just say that ate and shoved a vote here on the floor choices on how they will manage their if your daughter is getting ready for of the House on a promise that there health care, what insurance policies the prom or a wedding and she wants to would be another package passed they will buy because, after all, the go to the tanning salon, ObamaCare through the Senate. Health Choices Administration czar— taxes the outside of your skin too, to So we had this scenario that hap- they call him a commissioner, I call the tune of 10 percent. What is that pened. When ObamaCare passed—and him a ‘‘commizarissioner’’—will write about? Couldn’t they restrain them- I’m talking about the bill, not the the rules later. selves? Why do something that’s so bla- recissions package that came along There isn’t a single health care pol- tant as that that it embellishes the ar- afterwards—at the moment that icy in America that the President of gument that the nanny state is going ObamaCare passed, it could not have the United States can say I guarantee to prevail? Are they really worried passed the Senate. When it passed the that this policy will be available to you about somebody’s health? House and went to the President’s when ObamaCare is implemented, not They wanted to tax a non-diet pop. desk, it could not have passed the Sen- one. Remember, he promised America They want to manage behavior, they ate. And it did not enjoy a majority that if you like your health insurance want to control diets. They’re involved support here in the House unless there policy, you get to keep it. He promised in an effort to take 1.5 trillion calories was a promise that they would pass a that over and over again. It was no out of the diet of kids because one- recissions bill afterwards that would guiding light, it was no promise, except third of our youth are obese. And Sec- give some of the holdouts the things a broken one. And I began to wonder— retary Gates, I believe, has spoken that they thought they needed to there’s a Web site out there that’s a about this, our Secretary of Defense, amend the bill. whole list of all of the broken Obama that there is a higher percentage of So they toyed with the idea of actu- promises. It goes on and on and on. I young people that don’t qualify to go ally amending a bill that hadn’t be- wonder if he doesn’t have a czar that’s into the military because they’ve got come law. That was the effort. There charged with keeping track of all of too much blubber around their belt, so couldn’t be an honest effort to put to- the Obama promises and making sure they can’t qualify. I would say this gether a bill that was debated and per- that he can break every single one of then: If they’re healthy otherwise, fected and amended in committee and them in his first term. He’s got a great bring them in. If they meet all other on the floor so that it could become the start. But I know the American people standards but they’re a little too fat, will of the House or the will of the Sen- don’t see a guarantee and a promise bring them into basic training, just ate. Neither the will of the House nor from the President anymore. keep them there a while longer. By the

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.140 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4775 time you run them around the field in need to sign it because of this: If a dis- gress, when, I believe, the gavels will combat boots a few more times and put charge petition gets 218 signatures on come into different hands from our side them on a diet and exercise plan, you’ll it here in the well of the House, it has of the aisle, in which case we can move get them where you want them to be. to come to the floor for a vote a repeal of ObamaCare as a standalone, They’re still good shells of physical unamended. That means we can force a a 100 percent repeal of ObamaCare as a specimens, they just need to be cracked vote even over the will of the Speaker standalone. We can do that. When that into shape. It doesn’t mean we have a of the House, who, surely, would do ev- would happen, we would recognize national security problem because too erything she could do to resist the re- President Obama would veto that, and many kids are fat. I think we do have peal of ObamaCare. We could force a we would have to figure out how to a problem, though, a nanny security vote, but the process of getting to 218 come up with a two-thirds majority to program if this Federal Government is signatures on a discharge petition iden- overturn the Presidential veto. going to try to control the diets of our tifies—separates, let’s say—the men Again, that’s a very, very high bar, kids in this country. Taking away our from the boys and the women from the but this Constitution here in my jacket liberty, taking away our freedom, dis- girls. pocket tells me all spending has to regarding the vitality of America that Now, if you really were sincerely start here in the House, Mr. Speaker. comes from our individualism, from against ObamaCare, it’s one thing to All spending has to start here in the being able to make choices, being held vote against it, and 34 Democrats did. House. So a House controlled with a responsible for choices. NANCY PELOSI let them off the hook be- gavel in the hands of Republicans So ObamaCare has got to go, Madam cause they were afraid they would lose would simply refuse to fund any dol- Speaker. And there are those who their seats in their districts, but who lars. Any American taxpayer dollars think, oh, we can’t get it done. It’s knows how many of them were serious. would be prohibited to be used to im- hopeless now, the bill is passed, let’s When we actually had the motion to plement ObamaCare. That could work move on. We need to look ahead, not recommit on no mandates, on no Fed- really well in a Republican majority in backwards. Well, listen, if we’re going eral mandates to buy insurance, there 2011 and in 2012. So ObamaCare to look ahead, we have to look back- were only 21 Democrats who voted with wouldn’t be implemented. It would be wards and determine that ObamaCare that as opposed to the 34 who voted sitting there without implementation, is a terrible idea. It’s an unconstitu- ‘‘no’’ on ObamaCare. So you’ve seen and Republicans would have passed a tional thing, it’s an unconscionable the conviction drop by 13 just in that repeal of ObamaCare at least once dur- thing to do to a free people. little exchange. ing that period of time, maybe more How many of those 21 really have times. Then we elect a President in b 2110 conviction? 2012 who takes, as a matter of his cam- America, with its vitality, loses a We’ll find out because the discharge paign and his oath, his number one pri- chunk of its vitality when you take petition is here, and I challenge those ority, which is to sign the repeal of away our individualism and our lib- 21. In fact, I challenge those 34—and ev- ObamaCare. Pull it out by the roots. erty, and if people think we can’t re- erybody else who is opposed to So I have this vision of a President of peal ObamaCare, let me lay out this ObamaCare—to sign the discharge peti- the United States taking the oath of scenario. It works like this: tion. Let’s bring that discharge peti- office, Mr. Speaker, with pen in hand: I Every single Republican voted ‘‘no’’ tion to the floor and repeal swear to the best of my ability to pre- on ObamaCare. There were 34 Demo- ObamaCare. Let’s pull it out by the serve, protect, and defend the Constitu- crats who voted ‘‘no’’ on ObamaCare. roots. Let’s send it over to the Senate. tion of the United States, so help me There was only one thing bipartisan Let’s see what JIM DEMINT and others God. Pen in hand. about ObamaCare, and that was the op- can get done over there. That’s what Normally, the President will turn position to ObamaCare—in the House we need to do here in the House of Rep- and shake hands with the Chief Justice and in the Senate. So ObamaCare is the resentatives. and with the outgoing President, and law of the land, but the implementa- Now, maybe that doesn’t get itself there will be a great celebration up tion of it doesn’t get completed until accomplished and get ObamaCare re- there on the west portico of the Cap- 2014. That’s when we are really saddled pealed, because people in America, Mr. itol. I would like to see him interrupt with the juggernaut of this ‘‘taking our Speaker, can think in sequences, in that for one thing. I’d like to see that decisions away from us and creating logical, multiple sequences. All of the pen in his hand when he takes the oath. the dependency on people so that they solutions are out there in America. I I’d like to see the repeal of ObamaCare no longer think about the freedom and trust the judgment of our voters. They right there at the podium on the west liberty of making their own choices.’’ know this: If we are successful in get- portico, right by the bible that he So here is how we repeal ObamaCare. ting 218 signatures on a discharge peti- chooses to take the oath on, and I’d First of all, there is MICHELE tion and if we pass the repeal of like to hear him take that oath ‘‘so BACHMANN, PARKER GRIFFITH, BOB ING- ObamaCare and if it goes down the help me God’’ and bring his hand right LIS, I believe, JERRY MORAN—and there hallway and across, through the Ro- down to the document that is the re- may be TODD AKIN—and I. Those people tunda and over to HARRY REID, of peal of ObamaCare and sign the repeal I can think of have all introduced legis- course he’ll do everything he can to of ObamaCare right there in the first lation to repeal ObamaCare, a stand- kill it. instant of the new administration that alone repeal of ObamaCare that is sim- Maybe they’ll find a way to get that begins on January 20, 2013. ply this: A 100 percent repeal of done over in the Senate. Then it would Don’t tell me we can’t repeal ObamaCare. Pull it out by the roots. go to the President, and we know what ObamaCare. Yes, we can. We have to Pull it out root and branch and lock, would happen. He would veto the bill. move a discharge petition now. We stock and barrel so there is not one So it would come back to the House or have to separate the women from the particle of ObamaCare DNA left be- to the Senate for an opportunity to girls and the men from the boys on hind. This has become a toxic stew override the Presidential veto. that subject. We’ve got to identify it so that we have ingested now, and it is It’s not something you would con- the voters know what to do when they turning into a malignant tumor that sider to be politically possible today. go to the polls in November. When the will start to metastasize in 2014 when Maybe there is an outside chance that time comes that the new majority is ObamaCare is fully implemented. So it could be possible by the time we get here and is being sworn in in January, here is what we do: to November. I doubt it, too—I’m skep- probably on January 3 of 2011, we will Of my bill and others’ bills, we have tical about that—but we’ll have put refuse to fund ObamaCare, because the 90-some cosponsors on this legislation. the marker down, Mr. Speaker. We will funding has to start here, and you can’t I have introduced a discharge petition. have separated the women from the get around that. No President can get I think it’s discharge petition No. 11. girls and the men from the boys with around that. No Senator can get I’m not certain of the number. I think the discharge petition. We’ll have set around that. The Constitution says it that’s the number. I’ve signed it. A lot the stage for the other side of Novem- starts here. We control all spending in of others have signed it. A lot more ber, the other side into the next Con- this House. There will be no funding to

VerDate Mar 15 2010 05:27 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.142 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4776 CONGRESSIONAL RECORD — HOUSE June 23, 2010 fund the implementation of Obama- amnesty being advertised in the tele- locations. These are tactical positions Care. We hold the line in 2011 and 2012, vision airwaves across America, with in America. They’re used to facilitate and we elect a President who will sign American tax dollars, at the direction the smuggling of drugs and people, all the repeal of ObamaCare on January of the Secretary of Labor; her face up kinds of contraband, and some of those 20, 2013, right there on the podium at there saying, Trust me. I will protect people may well be terrorist suspects. the west portico of the Capitol. It’s you. I won’t enforce the law against They’re from nations that we should be right through those doors. Take a left. you. concerned about. It’s out on the portico where great Amnesty. To grant amnesty is to par- That traffic is going on through Ari- events takes place. don immigration lawbreakers and zona and other States. And these loca- That’s what needs to happen—the award them with the objective of their tions aren’t just sitting along the bor- full repeal of ObamaCare. Move this crimes. That’s what she’s saying. She’s der. These locations go all the way up discharge petition now so we can sepa- saying, We’re not going to bring the the highway. Not just to Tucson. All rate those who are for a standalone, 100 law against you. We won’t enforce the the way to Phoenix. They control the percent repeal of ObamaCare and those law. We’ll keep your name confiden- transportation routes there. They tell who seem to lack the will to put their tial. Trust us. If your objective is a them when to go, when to stop. They markers down and to be clear with the good job, we’ll make sure we come run decoys with a small amount of voters in America. That has got to hap- down on your employer, not on you. drugs in them. When the Border Patrol pen. But all the while she knows that any- and other law enforcement officers Now, I didn’t leave a lot of time for body working in the United States ille- converge on a vehicle, they sacrifice some of the other subject matters that gally had to falsify their identification one of their people for the means of I felt the urge to address, but I’ll go to get the job in the first place. And bringing a truckload through while through a list of them. A lot of them they probably did an identity theft or they’re diverted. That happens. It hap- have to do with immigration, Mr. purchased the theft product from some- pens regularly. Speaker. one’s identity in order to work in We have a massive number of illegal One of them is regarding the Sec- America. That is a serious crime. When border crossings. We have backpackers retary of Labor, who is using our tax someone’s identity is stolen, they that are marching through the desert. dollars to run ads to tell people: Call never get it back again. It is being im- We have 110-pound guys with 50-pound this number. If you’re legal or illegal, plicitly encouraged by the Secretary of packs or more on their back and they it doesn’t matter. You deserve a rea- Labor. And that’s got to stop, Mr. march for a hundred or more miles sonable wage, so we’ll protect you with Speaker. sometimes. You look at some of those our labor laws. If you’re working in the Now, Arizona law. Let’s just say Ari- guys with calves like that on them. United States illegally, we’re not going zona. Fox News today ran a story—I They’re in shape because that’s what to ask you for your Social Security think they started it last night in some they do—they walk back and forth in number or where you were born or text that I read—about the spotters the desert and get paid to smuggle what your lawful present status is or down in Arizona that occupy the moun- drugs in and out of the United States. whether you are legal to work in Amer- taintops along the transportation And we sit here and we allow drug ica. If you’re illegal and if your boss routes coming up through Arizona. smugglers to occupy tactical positions isn’t paying you a going wage or is not Now what is going on is drug smug- on the tops of mountains, controlling treating you right under America’s glers, people smugglers, contraband the transportation routes in America, labor laws, call us. We’ll keep you con- smugglers, occupy these locations on all the way up to Phoenix, and we’re fidential, and we’ll go punish the em- top of the mountains in Arizona. A lot not able to go snap those people off ployer. of mountains in Arizona are shaped those mountains and lock them up or They’re spending—it has to be mil- like volcanoes. Some is volcanic, as I put them through the shakedown and lions of dollars—out of the Department notice, anyway. They come to a point. find out who they’re affiliated with. of Labor budget to tell people who have They’re a cone. And we can listen in on the radio, but broken into this country, who have un- And up on top of them—or whether we can’t understand it because it’s a lawfully entered the United States or it’s a ridge—they will pick a spot scrambled chatter and their equipment who have unlawfully overstayed their where they can see an intersection of is at least as good as ours—and maybe visas and who cannot lawfully work in highways coming from two or three dif- better. And they supply them and they America, that they are going to use the ferent directions or more, and the em- bring them food and drink and other law to punish the employers if they ployees—these are paramilitary armed things they need, as well as weapons. don’t treat them right. personnel that are organized as a mili- And I’ve been there to see these loca- Now, I don’t say that an employer tary force taking position, strategic tions and optical equipment. should be able to abuse their employ- positions on top of mountaintops in Ar- Mr. Speaker, we’ve got to take the ees, but I do say the Secretary of Labor izona, and they will take the stones spotters off the top of these lookout gets this way wrong if she thinks that and they’ll stack them around like a mountains. We cannot have the drug she is going to use my tax dollars, Mr. gun emplacement and hunker down smugglers in tactical positions that Speaker, or is going to use your tax with optical equipment and they will control our transportation routes, how- dollars to advertise to people working watch the traffic. ever difficult it is. And there are tac- in America illegally, who are taking And they have communications tical ways to do this. Our Special jobs away from Americans and from equipment with scramblers and Forces know how. A lot of our law en- people who can work legally in this descramblers in it so they can talk to forcement officers know how. They just country, and reward them with the ob- their people and we can’t listen in on need a mission. And last year I was jective of their crimes by bringing the them. We know the frequencies. I’ve able to get an appropriations amend- force of the Department of Labor heard it on the radio. I’ve flown over ment that directed a million dollars to against their employers. there in a helicopter and listened to take the spotters off of the lookouts in the excited chatter as we fly toward Arizona. And that appropriation went b 2020 some of those mountaintops to try to over to the Senate, where it was killed I tell you, I don’t know where they pick those spotters off of there before and died, Mr. Speaker. find these people to appoint them to they come off the mountaintop and go So we’ve got to wake up. We’ve got the Cabinet. This is one. I want to look hide in the desert. You can hear the to defend this country. We’ve got to at the full text of her remarks and chatter intensify up to a fever pitch shut off this border; build a wall; build come on tomorrow with a decision on and then all of a sudden it goes dark. a fence; stop the bleeding at the border; what position I want to take. But this Silent. That’s because they come off take the lookouts, the spotters off the is a marker that needs to be down. We the mountain right before you get lookout mountains in Arizona; shut off don’t use American tax dollars to ad- there and they go down and hide. the magnet on jobs; get back to the vertise and reward illegals for coming I have pictures. I have hundreds of rule of law. Let’s reward people that into this country. That is a form of pictures from the top of these spotter respect the law and punish the people

VerDate Mar 15 2010 05:40 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.143 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4777 that violate the law without regard to LEAVE OF ABSENCE (The following Members (at the re- race, creed, color, ethnicity, or na- By unanimous consent, leave of ab- quest of Mr. POE of Texas) to revise and tional origin. Take it right out of title sence was granted to: extend their remarks and include ex- 7 of the Civil Rights Act. By the way, Mr. YOUNG of Florida (at the request traneous material:) without violating Arizona law or Arizo- of Mr. BOEHNER) for June 22 and today Mr. POE of Texas, for 5 minutes, June 30. na’s Constitution or the United States until 2 p.m. on account of a death in the family. Mr. JONES, for 5 minutes, June 30. Constitution or any other State Con- Mr. MORAN of Kansas, for 5 minutes, stitution, for that matter. f June 25, 29, and 30. Those are a number of the things on SPECIAL ORDERS GRANTED Mr. PAULSEN, for 5 minutes, today my mind, Mr. Speaker. And I’m very By unanimous consent, permission to and June 24. well aware that within the next 60 sec- address the House, following the legis- f lative program and any special orders onds I will have reached the balance of ADJOURNMENT my time. And so I want to acknowledge heretofore entered, was granted to: (The following Members (at the re- Mr. KING of Iowa. Mr. Speaker, I and appreciate being recognized to ad- quest of Mr. DEFAZIO) to revise and ex- move that the House do now adjourn. dress you here on the floor of the tend their remarks and include extra- The motion was agreed to; accord- House of Representatives. neous material:) ingly (at 8 o’clock and 25 minutes And I would yield back the balance of Ms. WOOLSEY, for 5 minutes, today. p.m.), the House adjourned until to- my time. Mr. DEFAZIO, for 5 minutes, today. morrow, Thursday, June 24, 2010, at 10 hMrs. MALONEY, for 5 minutes, today. 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. 5569, the National Flood Insurance Program Extension Act of 2010, for printing in the CONGRES- SIONAL RECORD. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 5569, THE NATIONAL FLOOD INSURANCE PROGRAM EXTENSION ACT OF 2010, AS INTRODUCED ON JUNE 22, 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 ...... 50 0 0 ¥50 0 0 0 0 0 0 0 0 0 a H.R. 5569 would authorize the Federal Emergency Management Agency to pay flood insurance claims that would otherwise go unpaid during the lapse in the National Flood Insurance Program’s authority to write and renew policies by making the new authorization retroactive. The bill also would reduce the program’s ability to borrow funds from the Treasury in years where program expenses exceeded premium income. CBO estimates that the enacting these provisions would have no net effect on the federal budget over the 2010–2015h and 2010–2020 periods. EXECUTIVE COMMUNICATIONS, Standards [Docket No.: OSHA-H054a-2006- United States Munitions List of infrasound ETC. 0064] (RIN: 1218-AC43) received June 3, 2010, sensors that have both military and civil ap- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 2 of rule XIV, executive plications, pursuant to Section 38(f)(1) of the mittee on Education and Labor. Arms Export Control Act; to the Committee communications were taken from the 8030. A letter from the Program Manager, Speaker’s table and referred as follows: Department of Health and Human Services, on Foreign Affairs. 8025. A letter from the Under Secretary, transmitting the Department’s ‘‘Major’’ 8035. A letter from the Assistant Secretary, Department of Defense, transmitting letter final rule — Interim Final Rules for Group Legislative Affairs, Department of State, addressing the acquisition strategy, require- Health Plans and Health Insurance Coverage transmitting Transmittal No. DDTC 10-002, ments, and cost estimates for the Army tac- Relating to Status as a Grandfathered certification of a proposed technical assist- Health Plan under the Patient Protection tical ground network program, pursuant to ance agreement to include the export of Public Law 110-84 section 218; to the Com- and Affordable Care Act (RIN: 0991-AB68) re- ceived June 17, 2010, pursuant to 5 U.S.C. technical data, and defense services, pursu- mittee on Armed Services. ant to section 36(c) of the Arms Export Con- 8026. A letter from the Assistant Secretary, 801(a)(1)(A); to the Committee on Energy and trol Act; to the Committee on Foreign Af- Employee Benefits Security Administration, Commerce. 8031. A letter from the Director, Office of Department of Labor, transmitting the De- fairs. Congressional Affairs, Nuclear Regulatory 8036. A letter from the Assistant Attorney partment’s ‘‘Major’’ final rule — Interim Commission, transmitting the Commission’s Final Rules for Group Health Plans and ‘‘Major’’ final rule — Revision of Fee Sched- General, Department of Justice, transmit- Health Insurance Coverage Relating to Sta- ules; Fee Recovery for FY 2010 [NRC-2009- ting the Department’s fiscal year 2009 annual tus as a Grandfathered Health Plan Under 0333] (RIN: 3150-AI70) received June 17, 2010, report prepared in accordance with Section the Patient Protection and Affordable Care pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 203(a) of the Notification and Federal Em- Act (RIN: 1210-AB42) received June 22, 2010, mittee on Energy and Commerce. ployee Anti-discrimination and Retaliation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8032. A letter from the Assistant Secretary Act of 2002 (No FEAR Act), Public Law 107- mittee on Education and Labor. for Export Administration, Department of 174; to the Committee on Oversight and Gov- 8027. A letter from the Director, Office of Commerce, transmitting the Department’s Workers’ Compensation Programs, Depart- final rule — Implementation of Changes ernment Reform. ment of Labor, transmitting annual report from the 2009 Annual Review of the Entity 8037. A letter from the Chairman and Presi- on Operations of the Office of Workers’ Com- List [Docket No.: 100311137-0138-01] (RIN: dent, Export-Import Bank, transmitting the pensation Programs for Fiscal year 2008; to 0694-AE88) received June 3, 2010, pursuant to semiannual report of the Inspector General the Committee on Education and Labor. 5 U.S.C. 801(a)(1)(A); to the Committee on for the period ending September 30, 2009, pur- 8028. A letter from the Director, Office of Foreign Affairs. suant to 5 U.S.C. app. (Insp. Gen. Act) sec- Workers’ Compensation Programs, Depart- 8033. A letter from the Assistant Secretary ment of Labor, transmitting annual report for Export Administration, Department of tion 5(b); to the Committee on Oversight and on Operations of the Office of Workers’ Com- Commerce, transmitting the Department’s Government Reform. pensation Programs for Fiscal year 2007; to final rule — Export Administration Regula- 8038. A letter from the Director, Office of the Committee on Education and Labor. tions: Technical Corrections [Docket No.: Personnel Management, transmitting the Of- 8029. A letter from the Deputy Director, 0907271167-91198-01] (RIN: 0694-AE69) received fice’s Annual Privacy Activity Report to OSHA Standards and Guidance, Department June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); Congress for 2009, pursuant to Public Law of Labor, transmitting the Department’s to the Committee on Foreign Affairs. final rule — Revising the Notification Re- 8034. A letter from the Assistant Secretary, 108-447, section 522; to the Committee on quirements in the Exposure Determination Legislative Affairs, Department of State, Oversight and Government Reform. Provisions of the Hexavalent Chromium transmitting a proposed removal from the

VerDate Mar 15 2010 05:40 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.145 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4778 CONGRESSIONAL RECORD — HOUSE June 23, 2010 8039. A letter from the Chairman, Securi- bridge Operation Regulation; Port of Coos 8060. A letter from the Board Members, ties and Exchange Commission, transmitting Bay Railroad Bridge, Coos Bay, North Bend, Railroad Retirement Board, transmitting a the Semiannual Report of the Inspector Gen- OR [Docket No.: USCG-2009-0840] (RIN: 1625- report on the actuarial status of the railroad eral and a separate management report for AA09) received June 3, 2010, pursuant to 5 retirement system, including any rec- the period October 1, 2009 through March 31, U.S.C. 801(a)(1)(A); to the Committee on ommendations for financing changes, pursu- 2010, pursuant to 5 U.S.C. app. (Insp. Gen. Transportation and Infrastructure. ant to 45 U.S.C. 231f-1; jointly to the Com- Act), section 5(b); to the Committee on Over- 8050. A letter from the Attorney, Depart- mittees on Ways and Means and Transpor- sight and Government Reform. ment of Homeland Security, transmitting tation and Infrastructure. 8040. A letter from the Assistant Attorney the Department’s final rule — Safety Zone; General, Department of Justice, transmit- Red River, MN [Docket No.: USCG-2010-0198] f ting the annual report of the Office of Jus- (RIN: 1625-AAOO) received June 3, 2010, pur- tice Programs’ Bureau of Justice Assistance suant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTS OF COMMITTEES ON for Fiscal Year 2008, pursuant to 42 U.S.C. mittee on Transportation and Infrastruc- PUBLIC BILLS AND RESOLUTIONS 3712(b); to the Committee on the Judiciary. ture. 8041. A letter from the Assistant Attorney 8051. A letter from the Attorney-Advisor, Under clause 2 of rule XIII, reports of General, Department of Justice, transmit- Department of Homeland Security, transmit- committees were delivered to the Clerk ting the Department’s report providing an ting the Department’s final rule — Safety for printing and reference to the proper estimate of the dollar amount of claims (to- Zone; BW PIONEER at Walker Ridge 249, calendar, as follows: Outer Continental Shelf FPSO, Gulf of Mex- gether with related fees and expenses of wit- Mr. RAHALL: Committee on Natural Re- nesses) that, by reason of the acts or omis- ico [Docket No.: USCG-2009-0571] (RIN: 1625- AA00) received June 3, 2010, pursuant to 5 sources. House Resolution 1406. Resolution sions of free clinic health professionals will directing the Secretary of the Interior to be paid for 2011; to the Committee on the Ju- U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. transmit to the House of Representatives diciary. certain information relating to the potential 8042. A letter from the Attorney-Advisor, 8052. A letter from the Senior Program An- alyst, Department of Transportation, trans- designation of National Monuments (Rept. Department of Homeland Security, transmit- 111–510). Referred to the House Calendar. ting the Department’s final rule — Draw- mitting the Department’s final rule — Clari- fication of Parachute Packing Authorization Mr. MCGOVERN: Committee on Rules. bridge Operation Regulation; CSX Railroad, House Resolution 1468. Resolution providing Trout River, mile 0.9, Jacksonville, FL [Docket No.: FAA-2007-28518, Amendment No. 65-54] (RIN: 2120-AJ08) received June 3, 2010, for consideration of the bill (H.R. 5175) to [Docket No.: USCG-2009-0249] (RIN: 1625- amend the Federal Election Campaign Act of AA09) received June 3, 2010, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- 1971 to prohibit foreign influence in Federal U.S.C. 801(a)(1)(A); to the Committee on elections, to prohibit government contrac- Transportation and Infrastructure. ture. 8053. A letter from the Attorney Advisor, tors from making expenditures with respect 8043. A letter from the Attorney-Advisor, Department of Transportation, transmitting to such elections, and to establish additional Department of Homeland Security, transmit- the Department’s final rule — Security Zone; disclosure requirements with respect to ting the Department’s final rule — Draw- Potomac River, Washington Channel, Wash- spending in such elections, and for other pur- bridge Operation Regulation; Lower Grand ington, DC [Docket No.: USCG-2010-0050] poses (Rept. 111–511). Referred to the House River, Iberville Parish, LA [Docket No.: (RIN: 1625-AA87) received June 3, 2010, pursu- Calendar. USCG-2009-0686] (RIN: 1625-AA09) received ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. BERMAN: Committee of Conference. June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); on Transportation and Infrastructure. Conference report on H.R. 2194. A bill to to the Committee on Transportation and In- 8054. A letter from the Assistant Secretary, amend the Iran Sanctions Act of 1996 to en- frastructure. Legislative Affairs, Department of State, 8044. A letter from the Attorney Advisor, hance United States diplomatic efforts with transmitting notification of the determina- respect to Iran by expanding economic sanc- Department of Homeland Security, transmit- tion that a continuation of a waiver cur- ting the Department’s final rule — Regu- tions against Iran (Rept. 111–512). Ordered to rently in effect for the Republic of Belarus be printed. lated Navigation Area; Lake Champlain will substantially promote the objectives of Bridge Construction Zone, NY and VT [Dock- section 402, of the Trade Act of 1974, pursu- f et No.: USCG-2010-0176] (RIN: 1625-AA11) re- ant to 19 U.S.C. 2432(c) and (d); (H. Doc. No. ceived June 3, 2010, pursuant to 5 U.S.C. 111—126); to the Committee on Ways and PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Transpor- Means and ordered to be printed. tation and Infrastructure. 8055. A letter from the Chief, Publications Under clause 2 of rule XII, public 8045. A letter from the Attorney, Depart- and Regulations Branch, Internal Revenue bills and resolutions of the following ment of Homeland Security, transmitting Service, transmitting the Service’s final rule titles were introduced and severally re- the Department’s final rule — Safety Zone; — This revenue procedure provides guidance ferred, as follows: Fireworks Display, Patuxent River, Solo- with respect to the United States and area By Mrs. MALONEY (for herself, Mr. mons Island Harbor, MD [Docket No.: USCG- median gross income figures that are to be SMITH of New Jersey, Mr. 2010-0179] (RIN: 1625-AA00) received June 3, used by issuers of qualified mortgage bonds BLUMENAUER, Mr. COHEN, Mr. POE of 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the (Rev. Proc. 2010-23) received June 3, 2010, pur- Texas, Ms. RICHARDSON, and Mr. WU): Committee on Transportation and Infra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 5575. A bill to establish a grant pro- structure. mittee on Ways and Means. 8046. A letter from the Attorney-Advisor, 8056. A letter from the Branch Chief, Publi- gram to benefit domestic minor victims of Department of Homeland Security, transmit- cations and Regulations, Internal Revenue sex trafficking, and for other purposes; to ting the Department’s final rule — Safety Service, transmitting the Service’s final rule the Committee on the Judiciary, and in addi- Zone; Desert Storm, Lake Havasu, AZ [Dock- — This revenue procedure modifies the infla- tion to the Committee on Ways and Means, et No.: USCG-2009-0809] (RIN: 1625-AA00) re- tion adjusted amounts in Rev. Proc. 2009-50, for a period to be subsequently determined ceived June 3, 2010, pursuant to 5 U.S.C. 2009-45 I.R.B. 617, that apply to taxpayers by the Speaker, in each case for consider- 801(a)(1)(A); to the Committee on Transpor- who elect to expense certain depreciable as- ation of such provisions as fall within the ju- tation and Infrastructure. sets (Rev. Proc. 2010-24) received June 3, 2010, risdiction of the committee concerned. 8047. A letter from the Attorney-Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. REICHERT (for himself, Mr. Department of Homeland Security, transmit- mittee on Ways and Means. GARY G. MILLER of California, and ting the Department’s final rule — Safety 8057. A letter from the General Counsel, Mr. MATHESON): Zone; United Portuguese SES Centennial Department of Defense, transmitting a legis- H.R. 5576. A bill to provide construction, Festa, San Diego Bay, San Diego, CA [Dock- lative proposal to be part of the National De- architectural, and engineering entities with et No.: USCG-2010-0065] (RIN: 1625-AA00) re- fense Authorization Act for Fiscal Year 2011; qualified immunity from liability for neg- ceived June 3, 2010, pursuant to 5 U.S.C. jointly to the Committees on Foreign Affairs ligence when providing services or equip- 801(a)(1)(A); to the Committee on Transpor- and Oversight and Government Reform. ment on a volunteer basis in response to a tation and Infrastructure. 8058. A letter from the Director, Office of declared emergency or disaster; to the Com- 8048. A letter from the Attorney Advisor, Personnel Management, transmitting a leg- mittee on the Judiciary. Department of Homeland Security, transmit- islative proposal entitled, ‘‘Federal Civilian By Mr. KUCINICH (for himself, Mr. ting the Department’s final rule — Draw- Employees in Zones of Armed Conflict Bene- DEFAZIO, Mr. FRANK of Massachu- bridge Operation Regulation; Chehalis River, fits Act of 2010’’; jointly to the Committees setts, Mr. GRIJALVA, Mr. MCDERMOTT, Aberdeen, WA, Schedule Change [Docket No.: on Foreign Affairs and Oversight and Gov- Mr. STARK, and Ms. WOOLSEY): USCG-2009-0959] (RIN: 1925-AA09) received ernment Reform. H.R. 5577. A bill to amend the Federal June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 8059. A letter from the Secretary, Depart- Food, Drug, and Cosmetic Act, the Federal to the Committee on Transportation and In- ment of Veterans Affairs, transmitting a Meat Inspection Act, and the Poultry Prod- frastructure. draft of proposed legislation entitled, ‘‘Vet- ucts Inspection Act to require that food that 8049. A letter from the Attorney-Advisor, erans Benefits Programs Improvement Act of contains a genetically engineered material, Department of Homeland Security, transmit- 2010’’; jointly to the Committees on Vet- or that is produced with a genetically engi- ting the Department’s final rule — Draw- erans’ Affairs and Energy and Commerce. neered material, be labeled accordingly; to

VerDate Mar 15 2010 04:09 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\L23JN7.000 H23JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 23, 2010 CONGRESSIONAL RECORD — HOUSE H4779 the Committee on Agriculture, and in addi- to prohibit Federal economic development H. Res. 1470. A resolution honoring the life, tion to the Committee on Energy and Com- funds to States that carry out public takings achievements, and distinguished career of merce, for a period to be subsequently deter- for private purposes; to the Committee on Chief Justice William S. Richardson; to the mined by the Speaker, in each case for con- Energy and Commerce, and in addition to Committee on the Judiciary. sideration of such provisions as fall within the Committees on Transportation and In- By Mr. GINGREY of Georgia (for him- the jurisdiction of the committee concerned. frastructure, and Financial Services, for a self, Mr. KINGSTON, Mr. GRAVES of By Mr. KUCINICH (for himself, Mr. period to be subsequently determined by the Georgia, Mr. WESTMORELAND, Mr. DEFAZIO, Mr. FRANK of Massachu- Speaker, in each case for consideration of PRICE of Georgia, Mr. BROUN of Geor- setts, Mr. GRIJALVA, Mr. STARK, and such provisions as fall within the jurisdic- gia, Mr. NEUGEBAUER, Mr. PITTS, Mrs. Ms. WOOLSEY): tion of the committee concerned. SCHMIDT, Mr. MACK, and Mr. POSEY): H.R. 5578. A bill to prohibit the open-air By Ms. SHEA-PORTER: H. Res. 1471. A resolution expressing sup- cultivation of genetically engineered phar- H.R. 5583. A bill to require cell phone early port for the private property rights protec- maceutical and industrial crops, to prohibit termination fees to be pro-rated over the tions guaranteed by the 5th Amendment to the use of common human food or animal term of a subscriber’s contract, and for other the Constitution on the 5th anniversary of feed as the host plant for a genetically engi- purposes; to the Committee on Energy and the Supreme Court’s decision of Kelo v. City neered pharmaceutical or industrial chem- Commerce. of New London; to the Committee on the Ju- ical, to establish a tracking system to regu- By Mr. CARTER: diciary. late the growing, handling, transportation, H.R. 5584. A bill to designate the facility of and disposal of pharmaceutical and indus- the United States Postal Service located at f trial crops and their byproducts to prevent 500 East Whitestone Boulevard in Cedar human, animal, and general environmental Park, Texas, as the ‘‘Army Specialist Mat- MEMORIALS exposure to genetically engineered pharma- thew Troy Morris Post Office Building’’; to Under clause 4 of rule XXII, ceutical and industrial crops and their by- the Committee on Oversight and Govern- 319. The SPEAKER presented a memorial products, to amend the Federal Food, Drug, ment Reform. of the Senate of the State of Michigan, rel- and Cosmetic Act with respect to the safety By Mr. CARTER (for himself, Mr. ative to Senate Resolution No. 162 expressing of genetically engineered foods, and for other CULBERSON, Mr. OLSON, Mr. DJOU, Mr. dismay that the U.S. Supreme Court did not purposes; to the Committee on Agriculture, MCCAUL, Mr. SMITH of Texas, Mr. take up the Asian carp issue; jointly to the and in addition to the Committee on Energy PUTNAM, Mr. SENSENBRENNER, Mr. Committees on the Judiciary and Transpor- and Commerce, for a period to be subse- ROONEY, Mr. FLEMING, Mr. BOYD, Mr. tation and Infrastructure. quently determined by the Speaker, in each STEARNS, Mr. GOHMERT, and Mr. case for consideration of such provisions as HARPER): f fall within the jurisdiction of the committee H.R. 5585. A bill to provide a statutory concerned. waiver of compliance with the Jones Act to ADDITIONAL SPONSORS By Mr. KUCINICH (for himself, Mr. foreign-flagged vessels assisting in respond- Under clause 7 of rule XII, sponsors DEFAZIO, Mr. FRANK of Massachu- ing to the Deepwater Horizon oil spill, and were added to public bills and resolu- setts, Mr. GRIJALVA, Mr. STARK, and for other purposes; to the Committee on Ms. WOOLSEY): Transportation and Infrastructure. tions as follows: H.R. 5579. A bill to provide additional pro- By Mr. PAYNE (for himself, Mr. GUTH- H.R. 197: Mr. GRAVES of Georgia. tections for farmers and ranchers that may RIE, and Mr. POLIS): H.R. 205: Mr. GRAVES of Georgia and Mr. be harmed economically by genetically engi- H.R. 5586. A bill to support high-achieving, DJOU. neered seeds, plants, or animals, to ensure educationally disadvantaged elementary H.R. 303: Mr. GINGREY of Georgia and Mr. fairness for farmers and ranchers in their school students in high-need local edu- LARSEN of Washington. dealings with biotech companies that sell ge- cational agencies, and for other purposes; to H.R. 333: Mr. MORAN of Virginia. netically engineered seeds, plants, or ani- the Committee on Education and Labor. H.R. 482: Mr. RYAN of Ohio. mals, to assign liability for injury caused by By Mr. ROHRABACHER: H.R. 614: Mr. CAMPBELL, Mr. GOHMERT, Mr. genetically engineered organisms, and for H.R. 5587. A bill to establish a United MICA, Mr. BUCHANAN, and Mr. GARY G. MIL- other purposes; to the Committee on Agri- States Commission on Planetary Defense, LER of California. culture, and in addition to the Committees and for other purposes; to the Committee on H.R. 634: Ms. JENKINS. on Energy and Commerce, and the Judiciary, Science and Technology. H.R. 745: Mr. BUCHANAN, Mr. WILSON of for a period to be subsequently determined By Mr. SCHRADER (for himself, Ms. Ohio, Ms. CASTOR of Florida, Mrs. BONO by the Speaker, in each case for consider- SCHAKOWSKY, Ms. MATSUI, and Mr. MACK, Mr. RODRIGUEZ, Mr. THOMPSON of ation of such provisions as fall within the ju- LARSON of Connecticut): Pennsylvania, Mr. UPTON, Mr. HALL of risdiction of the committee concerned. H.R. 5588. A bill to amend title XVIII of the Texas, and Mr. KING of New York. By Mr. NUNES (for himself, Mr. SIMP- Social Security Act to provide for additional H.R. 775: Mr. COLE, Mr. CRITZ, Mr. KING of SON, Mr. BISHOP of , Mr. MCCLIN- opportunities to enroll under part B of the New York, Mr. COOPER, Mr. BUTTERFIELD, TOCK, Mr. MCKEON, Mr. HERGER, Mr. Medicare Program, and for other purposes; Mr. MARKEY of Massachusetts, Ms. SUTTON, REHBERG, Mr. WALDEN, Mr. LAMBORN, to the Committee on Energy and Commerce, and Mr. GEORGE MILLER of California. and Mr. HUNTER): and in addition to the Committee on Ways H.R. 5580. A bill to amend the Act popu- H.R. 881: Mr. BROWN of South Carolina. and Means, for a period to be subsequently H.R. 1021: Mr. HERGER. larly known as the Antiquities Act of 1906 to determined by the Speaker, in each case for H.R. 1036: Mrs. DAHLKEMPER, Mr. ELLISON, require certain procedures for designating consideration of such provisions as fall with- and Mr. MILLER of North Carolina. national monuments, and for other purposes; in the jurisdiction of the committee con- H.R. 1161: Mr. CARNAHAN. to the Committee on Natural Resources. cerned. H.R. 1189: Mr. COSTELLO. By Mr. KIND (for himself and Mr. HIG- By Ms. WATSON: H.R. 1324: Mr. ADLER of New Jersey. GINS): H.R. 5589. A bill to amend the Foreign Af- H.R. 1547: Mr. SPRATT. H.R. 5581. A bill to amend the Internal Rev- fairs Reform and Restructuring Act of 1998 to H.R. 1708: Mr. DEUTCH. enue Code of 1986 to make qualified biogas reauthorize the United States Advisory Com- H.R. 1740: Mr. CRITZ. property eligible for the energy credit and to mission on Public Diplomacy; to the Com- H.R. 1822: Mr. ALEXANDER, Mr. BONNER, Mr. permit new clean renewable energy bonds to mittee on Foreign Affairs. JONES, Mr. GOHMERT, Mr. RADANOVICH, and finance qualified biogas property; to the By Mr. CHAFFETZ (for himself and Mr. CANTOR. Committee on Ways and Means, and in addi- Mr. JORDAN of Ohio): tion to the Committee on Science and Tech- H.J. Res. 93. A joint resolution dis- H.R. 1826: Mr. TOWNS. nology, for a period to be subsequently deter- approving of the action of the District of Co- H.R. 1874: Ms. BALDWIN. mined by the Speaker, in each case for con- lumbia Council in approving the Legaliza- H.R. 2000: Mr. PAYNE, Mr. LEWIS of Geor- sideration of such provisions as fall within tion of Marijuana for Medical Treatment gia, and Mr. LEWIS of California. the jurisdiction of the committee concerned. Amendment Act of 2010; to the Committee on H.R. 2067: Mr. SCHAUER, Mr. SHERMAN, Ms. By Mr. SULLIVAN (for himself, Mr. Oversight and Government Reform. ZOE LOFGREN of California, and Mr. HODES. BROUN of Georgia, Mr. LUCAS, Mr. By Mr. OWENS: H.R. 2109: Mr. SCOTT of Virginia, Mr. KLINE of Minnesota, Mr. SHIMKUS, H. Res. 1467. A resolution requesting return MELANCON, and Ms. FUDGE. Mr. CULBERSON, Mr. BURTON of Indi- of official papers on H.R. 5136; considered and H.R. 2132: Mrs. DAVIS of California. ana, Mr. ROONEY, Mr. MARCHANT, Mr. agreed to. H.R. 2273: Mr. PETERSON. POSEY, Mr. HERGER, Mrs. SCHMIDT, By Mr. CAMPBELL: H.R. 2324: Ms. NORTON. Mr. SHADEGG, Mr. FRANKS of Arizona, H. Res. 1469. A resolution providing that H.R. 2328: Mr. VAN HOLLEN. Mr. HALL of Texas, Mr. ROGERS of the House of Representatives should pass a H.R. 2381: Mr. ELLISON. Michigan, Mr. BURGESS, Mr. budget resolution for a fiscal year before the H.R. 2417: Mr. BLUMENAUER. GOHMERT, Mr. GINGREY of Georgia, House considers any appropriation bill for H.R. 2565: Mr. PAULSEN. and Mr. FLEMING): that year; to the Committee on Rules. H.R. 2697: Mr. KILDEE and Mr. HALL of New H.R. 5582. A bill to authorize appropria- By Mr. DJOU (for himself and Ms. York. tions for the Department of Commerce and HIRONO): H.R. 2807: Ms. SLAUGHTER.

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H.R. 2882: Ms. ROYBAL-ALLARD. Mr. DONNELLY of Indiana, Mr. DAVIS of Ten- H. Res. 1411: Mrs. MCMORRIS RODGERS, Mr. H.R. 2900: Mr. GARY G. MILLER of Cali- nessee, and Mr. BOSWELL. MURPHY of New York, Mr. NEAL of Massachu- fornia. H.R. 5498: Ms. RICHARDSON, Mrs. MILLER of setts, Mr. NYE, Mr. PASCRELL, Ms. PINGREE H.R. 3359: Mr. POLIS. Michigan, Ms. JACKSON LEE of Texas, Mr. of Maine, Mr. PRICE of North Carolina, Ms. H.R. 3415: Mr. REYES. CARNEY, Ms. NORTON, and Mr. AL GREEN of LORETTA SANCHEZ of California, Mr. H.R. 3441: Mr. CUMMINGS. Texas. SCHRADER, Ms. SHEA-PORTER, Mr. SIMPSON, H.R. 3531: Mr. ELLISON. H.R. 5503: Mr. BERMAN. Mr. SKELTON, Mr. SMITH of Washington, Mr. H.R. 3586: Mr. WU. H.R. 5510: Ms. FUDGE. SNYDER, Mr. SPRATT, Mr. STARK, Mr. STU- H.R. 3720: Mr. GARAMENDI. H.R. 5529: Mr. SIMPSON, Mr. MCCARTHY of PAK, Ms. SUTTON, Mr. UPTON, Mr. TAYLOR, H.R. 3721: Mr. DAVIS of Illinois. California, Mr. GARY G. MILLER of Cali- Ms. TSONGAS, Mr. WU, Mr. YARMUTH, Mr. AN- H.R. 3729: Mr. ELLSWORTH. fornia, Mr. MARIO DIAZ-BALART of Florida, DREWS, Mr. ARCURI, Mr. BARTLETT, Mrs. H.R. 3764: Mr. HONDA and Mr. CARNAHAN. and Mr. LINCOLN DIAZ-BALART of Florida. BONO MACK, Mr. BOREN, Mr. CAMP, Mr. H.R. 4144: Mr. VAN HOLLEN. H.R. 5533: Mr. EHLERS, Mr. LOEBSACK, Mr. CARDOZA, Mr. CASTLE, Ms. CHU, Mr. CROW- H.R. 4148: Mr. BACA. ELLISON, Mr. OBERSTAR, Mr. CAPUANO, and LEY, Mr. CONAWAY, Mr. CONYERS, Mr. COO- H.R. 4195: Ms. HERSETH SANDLIN and Mr. Mr. HOLT. PER, Mr. COURTNEY, Mrs. DAVIS of California, HEINRICH. H.R. 5535: Mr. JONES. Mr. DEFAZIO, Mrs. EMERSON, Ms. FALLIN, Mr. H.R. 4278: Mr. CHILDERS, Ms. GINNY BROWN- H.R. 5539: Mr. FORBES, Mr. JORDAN of Ohio, GARAMENDI, Ms. GIFFORDS, Mrs. HALVORSON, WAITE of Florida, Mr. ADLER of New Jersey, and Mr. POE of Texas. Mr. HARE, Mr. HASTINGS of Florida, Mr. and Mr. SIRES. H.R. 5552: Mr. RAHALL, Mr. REHBERG, Mr. HEINRICH, Mr. HINCHEY, Mr. JOHNSON of Geor- H.R. 4296: Mr. HODES and Mr. VAN HOLLEN. NYE, Mr. BOCCIERI, Mr. WILSON of Ohio, Ms. gia, Mr. JONES, Mrs. KIRKPATRICK of Arizona, H.R. 4303: Mr. BOREN. TITUS, Mr. MCMAHON, Mr. JONES, Mr. GORDON Mr. KISSELL, Mr. KRATOVIL, Mr. LAMBORN, H.R. 4321: Mr. KENNEDY, Mr. MARKEY of of Tennessee, Mrs. KIRKPATRICK of Arizona, Mr. LANGEVIN, Mr. LARSEN of Washington, Massachusetts, Mr. RODRIGUEZ, Mr. TONKO, Ms. DELAURO, Mr. MICHAUD, Mr. MOLLOHAN, Mr. LOBIONDO, Mr. LOEBSACK, Mrs. LOWEY, and Ms. BALDWIN. Mr. GUTHRIE, Mr. SCHOCK, Mr. BURTON of In- Mr. MACK, Mr. MARSHALL, Mr. MATHESON, H.R. 4330: Mr. HEINRICH. diana, Mr. BOUSTANY, and Mr. PETRI. and Mr. MCINTYRE. H.R. 4505: Ms. PINGREE of Maine and Mr. H.R. 5566: Mr. MORAN of Kansas, Mr. H. Res. 1412: Mr. HASTINGS of Florida and DJOU. GINGREY of Georgia, Mr. GRAVES of Missouri, Mr. ISRAEL. H.R. 4530: Mr. LARSON of Connecticut. Mr. MCCARTHY of California, Mr. SHUSTER, H. Res. 1420: Ms. LEE of California and Ms. H.R. 4533: Ms. WATSON and Mrs. CAPPS. Mr. DAVIS of Kentucky, Mr. PETRI, Mr. MCCOLLUM. H.R. 4544: Ms. BALDWIN. PLATTS, Mr. BISHOP of New York, Mr. HILL, H. Res. 1433: Mr. BACHUS, Mr. WU, Mr. SNY- H.R. 4645: Ms. BALDWIN, Mr. OBERSTAR, and Mrs. HALVORSON, Mr. BARROW, Mr. DOYLE, DER, and Ms. NORTON. Mr. JONES. and Ms. ESHOO. H.R. 4662: Mrs. DAHLKEMPER, Mr. BARROW, H.R. 5569: Ms. GINNY BROWN-WAITE of Flor- H. Res. 1450: Mr. GOHMERT and Mr. and Mr. CUMMINGS. ida, Mr. HINOJOSA, Mr. HASTINGS of Florida, CULBERSON. H.R. 4684: Mr. ELLSWORTH. and Mr. COOPER. H. Res. 1454: Mr. MCGOVERN. H.R. 4692: Mr. DAVIS of Illinois. H. Con. Res. 256: Mr. PETERSON. H. Res. 1457: Mr. WU, Mr. DEUTCH, Mr. H.R. 4693: Mr. TEAGUE. H. Con. Res. 266: Mr. PETERSON and Mr. HODES, Mr. TOWNS, Mr. WAXMAN, Ms. H.R. 4751: Mr. VAN HOLLEN. SHULER. WASSERMAN SCHULTZ, Mr. MCGOVERN, Mr. H.R. 4755: Mr. HINCHEY. H. Con. Res. 267: Mr. TANNER. CARNAHAN, Ms. SCHAKOWSKY, Mrs. KIRK- H.R. 4788: Mr. HODES, Mr. BRADY of Penn- H. Con. Res. 281: Mr. BURTON of Indiana, PATRICK of Arizona, Mr. NYE, Mr. GARRETT of sylvania, Mr. CARSON of Indiana, and Mr. Mr. PITTS, Mr. GRAVES of Georgia, and Mr. New Jersey, and Mr. CARDOZA. DINGELL. TIAHRT. H. Res. 1464: Mr. POE of Texas. H.R. 4806: Mr. SABLAN and Mr. WU. H. Con. Res. 284: Mr. SAM JOHNSON of H. Res. 1465: Mr. HERGER, Mr. SMITH of New H.R. 4830: Mr. GARAMENDI and Mr. HINCHEY. Texas, Mr. AUSTRIA, and Mr. CASSIDY. Jersey, Mr. BRADY of Texas, Mr. LAMBORN, H.R. 4903: Mr. GRAVES of Georgia. H. Res. 22: Mr. CARNAHAN. Mr. CRENSHAW, Mr. BILIRAKIS, Mr. ROGERS of H.R. 4912: Mr. COHEN. H. Res. 111: Mr. SERRANO, Mr. HINOJOSA, Michigan, Mr. THOMPSON of Pennsylvania, H.R. 4972: Mr. SMITH of Nebraska. and Mrs. MCMORRIS RODGERS. Mr. CONAWAY, Mr. RYAN of Wisconsin, Mr. H.R. 4973: Mr. CASTLE. H. Res. 173: Mr. THOMPSON of California, REICHERT, and Mr. HASTINGS of Washington. H.R. 5015: Ms. TSONGAS. Mr. PIERLUISI, and Ms. WATSON. H.R. 5029: Mr. REHBERG and Mrs. BONO H. Res. 236: Mr. CALVERT. MACK. H. Res. 363: Ms. SLAUGHTER and Ms. NOR- f H.R. 5033: Ms. MOORE of Wisconsin, Mr. TON. GRIJALVA, Ms. NORTON, Mrs. NAPOLITANO, H. Res. 771: Mr. SCHOCK. PETITIONS, ETC. Ms. CHU, Mr. LUJA´ N, Mr. SERRANO, Mr. H. Res. 1019: Mr. HEINRICH. REYES, Mr. SABLAN, Mr. HINOJOSA, Mr. SIRES, H. Res. 1207: Mr. SMITH of Texas, Mr. KLINE Under clause 3 of rule XII, petitions Mr. GONZALEZ, and Mr. GUTIERREZ. of Minnesota, and Mr. KRATOVIL. and papers were laid on the Clerk’s H.R. 5040: Mr. RODRIGUEZ. H. Res. 1217: Mr. KLINE of Minnesota, Mr. desk and referred as follows: H.R. 5041: Mr. VAN HOLLEN. TURNER, Mr. TEAGUE, Mr. WILSON of South 153. The SPEAKER presented a petition of H.R. 5081: Mr. OLSON Carolina, Ms. BORDALLO, Mr. SMITH of Wash- the City and County of San Francisco, Cali- H.R. 5087: Ms. ZOE LOFGREN of California. ington, Mr. HALL of New York, Mr. LARSEN fornia, relative to Resolution No. 164–10 de- H.R. 5095: Mr. BURTON of Indiana. of Washington, Mr. MCGOVERN, Mr. BART- claring April 24, 2010 as Armenian Genocide H.R. 5141: Ms. JENKINS and Mr. MILLER of LETT, and Mr. HUNTER. Commemoration Day in the City and County Florida. H. Res. 1226: Mr. SULLIVAN and Mrs. of San Francisco; to the Committee on For- H.R. 5142: Mr. VAN HOLLEN and Mr. MEEK of CHRISTENSEN. eign Affairs. Florida. H. Res. 1291: Mr. MCINTYRE. H.R. 5143: Ms. ESHOO. H. Res. 1326: Mr. MILLER of Florida. 154. Also, a petition of Council, District of H.R. 5162: Mr. BUCHANAN, Mr. CRITZ, and H. Res. 1350: Ms. ROS-LEHTINEN. Columbia, relative to Resolution 18–18 to ap- Mr. KLINE of Minnesota. H. Res. 1359: Mr. WOLF, Mr. WEINER, Mr. prove, on an emergency basis, the transfer of H.R. 5192: Mr. BISHOP of Utah. TOWNS, Mr. JOHNSON of Illinois, Mrs. MCCAR- jurisdiction over a portion of Fort Dupont H.R. 5214: Ms. BALDWIN, Mr. PETERS, Mr. THY of New York, Mr. QUIGLEY, Mr. NADLER Park; to the Committee on Natural Re- ADLER of New Jersey, Ms. SHEA-PORTER, and of New York, Mr. RUSH, Mr. GARRETT of New sources. Mr. WALZ. Jersey, Mr. HINCHEY, Mr. LEVIN, Mr. GRIF- 155. Also, a petition of Fish, Game, and H.R. 5235: Mr. WESTMORELAND. FITH, Mr. SARBANES, Mr. DRIEHAUS, Mr. Forestry Senate Committee, South Carolina, H.R. 5328: Mr. STARK and Ms. LINDA T. HODES, Mr. COSTELLO, Mr. SIRES, Ms. RICH- relative to Senate Concurrent Resolution S. SA´ NCHEZ of California. ARDSON, Ms. JENKINS, Mrs. LOWEY, Mr. FIL- 1386 memorializing the Congress to take any H.R. 5358: Ms. WASSERMAN SCHULTZ, Mr. NER, Mrs. HALVORSON, Ms. GIFFORDS, Mr. LI- measure within its power to mitigate or MEEK of Florida, Mr. DEUTCH, and Mr. GRAY- PINSKI, Ms. LINDA T. SA´ NCHEZ of California, overturn any Executive Order issued to im- SON. Mr. POE of Texas, Mr. SESTAK, Mr. MAR- plement recommendations by the Inter- H.R. 5421: Mr. LAMBORN. SHALL, Mrs. MCMORRIS RODGERS, Ms. ROS- agency Ocean Policy Task Force; jointly to H.R. 5425: Mr. NEUGEBAUER. LEHTINEN, Mr. MORAN of Kansas, Mr. KIRK, the Committees on Natural Resources and H.R. 5434: Mr. ACKERMAN, Mr. BLUMENAUER, Mr. TIBERI, and Mr. SHIMKUS. Transportation and Infrastructure. Mrs. LOWEY, and Ms. BORDALLO. H. Res. 1370: Mr. ELLISON. 156. Also, a petition of American Bar Asso- H.R. 5449: Mr. MICHAUD, Mr. CUMMINGS, and H. Res. 1393: Mr. ROHRABACHER. ciation, Illinois, relative to Recommenda- Mr. COHEN. H. Res. 1401: Mr. GERLACH, Mr. BUCHANAN, tion 110 urging the Congress, state, terri- H.R. 5458: Mr. ANDREWS. Mr. JOHNSON of Illinois, Mr. POE of Texas, torial, tribal, and local governments to enact H.R. 5481: Ms. LEE of California. Mr. CONNOLLY of Virginia, Mr. GUTHRIE, Ms. child welfare financing laws; jointly to the H.R. 5497: Mr. CHANDLER, Mr. MELANCON, GIFFORDS, Mr. CHILDERS, and Mr. YOUNG of Committees on Ways and Means and Edu- Mr. ANDREWS, Mr. SHULER, Mr. KRATOVIL, Alaska. cation and Labor.

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Vol. 156 WASHINGTON, WEDNESDAY, JUNE 23, 2010 No. 95 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, hour is controlled by the Republicans, called to order by the Honorable TOM PRESIDENT PRO TEMPORE, the second half hour is controlled by UDALL, a Senator from the State of Washington, DC, June 23, 2010. the majority. After that, if there are New Mexico. To the Senate: enough speakers, we will alternate Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby back and forth. Otherwise, people will PRAYER appoint the Honorable TOM UDALL, a Senator just come and talk. There will, of The Chaplain, Dr. Barry C. Black, of- from the State of New Mexico, to perform course, be the 10-minute limitation. fered the following prayer: the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. ROBERT C. BYRD, pore. Without objection, it is so or- Our Father in Heaven in whom we President pro tempore. dered. live and move and have our being, we Mr. UDALL of New Mexico thereupon f glorify Your Name today as we take assumed the chair as Acting President RESERVATION OF LEADER TIME this moment to remember Your grace pro tempore. and provision. Lord, we ask that You f The ACTING PRESIDENT pro tem- would guide our lawmakers as they in- pore. Under the previous order, the RECOGNITION OF THE MAJORITY leadership time is reserved. fluence the future course of this Na- LEADER tion. Lead them with Your wisdom, di- f The ACTING PRESIDENT pro tem- rect them with Your patience, and pro- MORNING BUSINESS tect them with Your power. pore. The majority leader is recog- We pray that our Senators will faith- nized. The ACTING PRESIDENT pro tem- fully fulfill the duties set before them, f pore. Under the previous order, there will be a period of morning business providing for the common defense, SCHEDULE striving to bring domestic tranquility, until 2 p.m., with Senators permitted and working to ensure liberty and jus- Mr. REID. Mr. President, following to speak for up to 10 minutes each, tice for all. leader remarks, there will be a period with Republicans controlling the first Likewise, we pray that You would of morning business for 1 hour. During 30 minutes and the majority control- lead and bless American citizens as that period of time, Senators will be al- ling the final 30 minutes and alter- they enjoy the freedoms of this land lowed to speak for up to 10 minutes. nating back and forth thereafter. and work to spread these liberties from Republicans will control the first 30 The Senator from Wyoming is recog- sea to shining sea. minutes, the majority will control the nized. We pray in Your righteous Name. final 30 minutes. f Amen. Today we expect to resume consider- ation of the House message to H.R. A SECOND OPINION ON HEALTH f 4213, the tax extenders legislation, and CARE PLEDGE OF ALLEGIANCE I hope we will have rollcall votes Mr. BARRASSO. Mr. President, I throughout the day. come to the floor today as someone The Honorable TOM UDALL led the I suggest the absence of a quorum. who has practiced medicine and taken Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- care of families in Wyoming since 1983. I pledge allegiance to the Flag of the pore. The clerk will call the roll. Again this weekend I was home in Wy- United States of America, and to the Repub- The bill clerk proceeded to call the oming visiting with families across the lic for which it stands, one nation under God, roll. State. I was in Thermopolis for Fa- indivisible, with liberty and justice for all. Mr. REID. Mr. President, I ask unan- ther’s Day. I was in Sheridan and in f imous consent that the order for the Casper. In all those communities I had quorum call be rescinded. a chance to visit with people who are APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- concerned about the direction of the PRESIDENT PRO TEMPORE pore. Without objection, it is so or- country and are concerned about this The PRESIDING OFFICER. The dered. new health care law. clerk will please read a communication Mr. REID. Mr. President, I ask unan- Mr. President, I tell you this because to the Senate from the President pro imous consent that we change the con- I ran into a number of people I have tempore (Mr. BYRD). sent agreement that is now before the taken care of as their doctor. This hap- The bill clerk read the following let- Senate, that we be in morning business pened at church on Sunday morning, ter: until 2 o’clock today; that the first half where people asked the question: With

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

S5283

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VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.000 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5284 CONGRESSIONAL RECORD — SENATE June 23, 2010 this new health care law, will I be able our seniors to be able to see primary But this body did not pass into law, to keep my doctor? So I come to you care doctors—31 percent of primary nor did the House, a reform package because there is more news as a result care doctors are restricting access to that will do those things the American of the changes in the health care law in Medicare patients. Just since the first people had wanted, had asked for, and this country. I bring to you my doc- of the year in North Carolina, 117 doc- had heard from their President they tor’s second opinion as to what the im- tors have opted out of Medicare. That would get—something that would lower pact of this health care law is going to does not include the ones who had costs, improve quality, and increase ac- be on the families across the country. opted out before. We are talking since cess to care. What the American people Specifically, at church, I was hearing January 1, 117 doctors in North Caro- are seeing is the cost of their care is from someone I operated on and some- lina have opted out of Medicare. going to continue to go up, and the body on Medicare, and they were say- In Illinois, in the President’s home quality and the availability is likely to ing: Am I going to keep my doctor State, 18 percent of doctors restrict the go down. That is not what the Amer- under Medicare? These people have a number of Medicare patients in their ican people asked for in this health right to be concerned. It is because of practice. In New York State, about care law. That is why so many Ameri- what has come out in this past week. It 1,100 doctors have left Medicare. Even cans are opposed to it. I talked with is a front-page article, USA TODAY: the president of the Medical Society of people all across Wyoming, and they ‘‘Doctors Limit New Medicare Pa- New York is not taking new Medicare think of what the impact is going to be tients.’’ patients. No new Medicare patients. on their own lives and their own fam- I have said from the beginning, as You say: Why are these physicians no ily. People all across this country are this body was debating and discussing longer taking Medicare patients? It has worried for their own health care, that the health care bill that has now come to do a lot with the way Washington they are going to end up paying more to be law, that I believed this was deals with Medicare patients, Medicare and getting less. That is why the public going to be bad for patients, bad for and the doctors around the country. remains very skeptical about what has payers—the American taxpayers who At this point, there is going to be a been passed into law. have to pay for the care as well as peo- cut of 21 percent in what Medicare pays Twenty States have filed suit against ple who pay for their individual care— doctors for services they give. Prior to the Federal Government because of a and bad for providers, the nurses and that, Medicare always has been kind of national mandate that people have to doctors and hospitals that take care of a deadbeat payor when it comes to pay- buy insurance. The Department of all of these patients. ing for health care. Medicare has not Health and Human Services, which So I come to you with a second opin- kept up with medical inflation in this says 97 percent of doctors are still tak- ion because I think what has become country. So as physicians, it is a chal- ing care of Medicare patients, there ac- law—a bill that cuts Medicare, cuts lenge to take care of patients on Medi- tually has been a new nominee to take payment for our seniors on Medicare care. With 4,000 new people joining the care of that Department. We have not 1 by $ ⁄2 trillion—not to help seniors, not ranks of Medicare on a daily basis, who yet had hearings in the Senate. We to help save Medicare, but to start a will care for those people? have not been able to ask those specific whole new government program for You can imagine, I was fairly sur- questions of that nominee: What about other people is resulting in devastating prised when the President of the taking care of these patients? How will impacts for families all around the United States yesterday visited with a they find doctors under this new law country who are on Medicare or will number of people at the White House. and this new plan? soon be on Medicare. He put out remarks printed from the Here we are, 90 days after the health One of the interesting things about White House and talked about what his care law has been enacted, signed into this article in USA TODAY—this was new plan does. He says Americans— law, 90 days ago this became law. The Monday’s USA TODAY—there is a list, this is astonishing. The President of White House is holding press con- a table of the number of people who are the United States said yesterday: ferences and again repeating promises currently on Medicare and who will be Americans will be able to keep the pri- to the American people that the Amer- on Medicare by the year 2015 and will mary care doctor or pediatrician they ican people know have been broken. be on Medicare by the year 2020. What choose. He says these protections pre- There is a litany of broken promises. It we are seeing is, as Americans are liv- serve America’s choice of doctors. ing longer due to advances in medicine, What happens if your doctor cannot just seems that every week something advances in technology—people are liv- afford to keep you? We have the Presi- new comes out that the American peo- ing longer—more and more people dent of the United States, for well over ple look at and say: You know, it is every day are turning Medicare age, so a year, making statements just like amazing because we saw this coming. the number of people on Medicare con- the one he made a year ago: If you like Yet this Congress, this Senate, jammed tinues to grow. your health care plan, you will be able through a bill that is not going to pro- As a matter of fact, if you do the to keep your health care plan. Period. vide better coverage. It is going to jam math, there are over 4,000 Americans That is what the President said. He 16 million more people onto Medicaid— every day being added to the Medicare said: No one will take it away. Period. 16 million more onto Medicaid. We ranks. That is almost 1.5 million Amer- No matter what. Period. know that almost half of the doctors in icans a year. The question is, Who will Yet here we are looking at the facts. the country do not take Medicaid pa- the doctors be? Where will the health Doctors are limiting new Medicare pa- tients. care providers come from to take care tients, and 4,000 new patients every day Now we are seeing more and more of these people? It is fascinating, when are joining the Medicare rolls looking physicians and hospitals saying: How you read the article and you see the for doctors. We see it all across the do we keep the doors open with what complete disconnect between Wash- United States. Medicare is paying? As fewer and fewer ington and the reality of the rest of That is why the public remains very physicians are willing to take care of America. skeptical about this new health care patients on Medicare, limiting their Because, according to this article, law, and why 58 percent of Americans practice on Medicare and on Medicaid, the people from the Centers for Medi- want this law repealed. That is why the and Congress now stymied with what is care and Medicaid Services say 97 per- American people, when they heard known as the doc fix, huge cuts in addi- cent of doctors accept Medicare, so do NANCY PELOSI say: We have to pass the tional reimbursement to doctors who not worry. That is what the Centers for bill before you get to find out what is take care of our seniors, it is going to Medicare and Medicaid say. in it, why the American people who are be increasingly difficult for the Amer- The American Medical Association now finding out what is in it are very ican people to be able to find a doctor. says 17 percent of over 9,000 doctors distressed. They were hoping to take That is why I come to the floor with who were surveyed are actually re- the President at his word when he said my second opinion about this health stricting the number of Medicare pa- he was trying to lower costs and im- care law, telling you it is time to re- tients in their practice. Among pri- prove quality and increase access to peal this legislation and replace it with mary care doctors—which is key for care. legislation that delivers more patient-

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.001 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5285 centered solutions, delivers more per- In fact, under the worst case anal- care Advantage enrollment will be cut sonal responsibility, more opportuni- ysis, as many as four of five small busi- in half. More than one in seven hos- ties for individuals to take control of ness employees and 69 percent of all pitals could become unprofitable as a their own health and their own care, American workers will lose their cur- result of the law ‘‘possibly jeopardizing which is what I tried to do as the med- rent coverage. Almost 70 percent of access to care for Medicare bene- ical director of the Wyoming Health those who were comforted by the Presi- ficiaries.’’ Fairs: give people information they dent’s promises are going to be sorely Before I came over here, I had a could use to keep healthy and drive disappointed very quickly. You do not meeting with those in the oncologist down the cost of their care. have to believe me. All you have to do area who were saying: This is a prob- Half of all the money we spend on is look at the Obama administration’s lem. What are they going to have to do health care in this country is on just 5 own estimates. Yet instead of solving to solve it? They will have to pull in percent of the people. There are pa- this problem and fulfilling the promise, satellite facilities, and rural health tient-based solutions: allowing people the administration has a different ap- care suffers. Rural beneficiaries feel to buy insurance across State lines, proach: ramping up the public relations the pain of this legislation. giving individuals who buy their own strategy. The New York Times recently pub- health insurance personally the same According to the Washington Post, lished an article entitled ‘‘White House tax relief the large companies get when the White House has hired ‘‘a senior of- and Allies Set Up to Build Up Health they pay for health insurance, deal ficial whose sole portfolio will be to Law.’’ The article stated: with lawsuit abuse, allow small busi- sell the health care overhaul to the President Obama and his allies, concerned nesses to join together to lower the public in the months leading up to the about the deep skepticism over his landmark cost of insurance, and provide indi- November elections.’’ health care overhaul, are orchestrating an vidual incentives for people who do The administration is spending mil- elaborate campaign to sell the public on the take personal responsibility for their lions of taxpayer dollars to sell the law new law, including a new tax exempt group that will spend millions on advertising to own health. to the American public. But let’s look Those are the things that will actu- beat back attacks on the measure and Demo- at reality versus what we are hearing. crats who voted for it. ally help get down the cost of care. The Congressional Budget Office re- Those are the things that will help The article also highlights that many cently estimated that less than 12 per- outside groups are now running cam- Americans stay healthy. But they are cent of small businesses—less than 12 not in this health care law that has paigns to try to sell the bill to the pub- percent of small businesses—will ben- lic, in some cases with very direct help been passed by the House, passed by efit from the much touted small busi- the Senate, and signed by the Presi- from the administration. ness tax credit. Yet the small business With all this going on, with all of dent. That is why I come to the floor tax credit is one of the main talking this week, as I have week after week this in mind, it is appropriate to ask a points used to convince Americans that few questions—for example, should not since the law has been signed, to offer this law is actually good for them. In my second opinion; and that opinion is, the administration be concerned more fact, the Internal Revenue Service re- about implementing the law, especially it is time to repeal and replace this cently sent out 4.4 million postcards to health care law with a law that will considering they have missed several let small businesses know they might deadlines? Is this taxpayer-funded mar- work for the American people. be eligible for small business tax cred- I yield the floor. keting effort crossing boundaries be- The ACTING PRESIDENT pro tem- its. tween policy and good politics? Why do The IRS spent $1 million in taxpayer pore. The Senator from Nebraska is we have to spend taxpayer dollars to dollars on those postcards alone. It recognized. win over the public if the merits of this does not stop there, though. The Cen- f law are so solid? ters for Medicare and Medicaid Serv- People in Nebraska are not fooled by HEALTH CARE ices recently mailed a brochure to sen- glossy brochures and media blitzes, es- Mr. JOHANNS. Mr. President, I rise ior citizens to ‘‘inform them’’ about pecially when the facts are so clear. today to say at the outset how much I the new law. Well, who paid the bill for Facts are stubborn things. The admin- appreciate the very thoughtful advice that? Taxpayers are footing the $18 istration’s own regulation predicts that has been given by Dr. BARRASSO million bill for marketing of a piece of many employees will not be able to during this debate. He comes to the legislation to themselves that they did keep their insurance plan. Their own floor, he is carefully prepared, he has not want in the first place. This classy Actuary confirms that Americans will done his homework, he has done the brochure outlines provisions such as still see health care costs rise because analysis, but most importantly as a closing the doughnut hole and prevent- this new law does not bend the health doctor, he understands what the health ative health care services. However, care cost curve down. And the mar- care system is about. We would all ben- there are some important details that keting campaign is not going to con- efit if we listened to his advice. are not in the brochure. CMS neglects vince seniors that when they are losing The problems with this health care to mention some very key information. services, they somehow benefit from legislation just continue and continue. For example, less than 10 percent of this new law, especially since it makes Each week this 2,000-plus page health Medicare beneficiaries will actually re- it more difficult for them to access care bill just produces more bad news, ceive the $250 rebate for entering the home health care services which have a and it produces more unwelcome rev- doughnut hole coverage gap. Yet the bull’s-eye for cuts, hospice services elations. Not surprising. new health care law will cause all pre- which have a bull’s-eye for cuts, and Not that long ago, the President, at scription drug Part D premiums to home nursing services which have a every opportunity he had, would allay rise, according to the Congressional bull’s-eye for cuts. public concerns by saying to people and Budget Office. We will continue to try to talk about promising them: If you like your When our seniors heard the word ‘‘re- what this health care bill really means health insurance, you get to keep it. form,’’ they never would have imagined to Americans. Those proponents wrote a provision it meant they all pay more while get- I yield the floor and suggest the ab- into the new health care law in an at- ting less than 10 percent benefit. sence of a quorum. tempt to fulfill this promise by Let me repeat that. Prescription The PRESIDING OFFICER (Mr. grandfathering existing plans. drug premiums go up for all partici- UDALL of Colorado). The clerk will call Recently, the Department of Health pants, and only 1 in 10 will see the $250 the roll. and Human Services issued a new regu- check. Over $1⁄2 billion in Medicare sav- The bill clerk proceeded to call the lation on these ‘‘grandfathered’’ health ings will be redirected toward creating roll. plans. Lo and behold, what did the new a new entitlement program. The bro- Mr. BROWN of Ohio. I ask unanimous regulations show? It showed that 51 chure also claims the new law pre- consent that the order for the quorum percent of American workers will be in serves Medicare. call be rescinded. plans without ‘‘grandfathered’’ status Yet according to the Obama adminis- The PRESIDING OFFICER. Without by 2013, in just 3 short years. tration’s own Medicare Actuary, Medi- objection, it is so ordered.

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.002 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5286 CONGRESSIONAL RECORD — SENATE June 23, 2010 Mr. BROWN of Ohio. I ask unanimous have to do that if you are going to re- tain an engineering degree because he was consent to speak in morning business ceive unemployment. And then their hoping to be more marketable in the future. on the Democratic time for about 10 unemployment insurance ran out. He works hard. He is doing well. He is ex- I wonder sometimes if my colleagues cited about a new life. But soon his [unem- minutes. ployment insurance] will expire. With other The PRESIDING OFFICER. Without on the other side of the aisle who are expenses, he is now afraid he may have to objection, it is so ordered. voting no every time we try to bring quit school and not be able to support his f this up, if they know anybody who lost son. Please continue to work to pass an un- a job, if they know anybody who lost employment extension right away. This sup- UNEMPLOYMENT INSURANCE insurance, if they know anybody who port is so vital to so many people right now. Mr. BROWN of Ohio. Mr. President, I lost a home. I plead with them, I ask Joseph from Stark County writes: come to the floor to plead with our Re- them, the people who have voted no, to My July 4th will be nothing to celebrate publican colleagues to pass the exten- try some empathy. Try to imagine you since I will be out of unemployment benefits. sion of unemployment benefits. I still are a father or a mother and you have Folks are not finding the jobs or the income am amazed, as are so many Ohioans lost a job, lost your insurance. You to supplant the cash that goes to pay their mortgages and other expenses. Helping a and so many Coloradans and people have a sick child. You are borrowing from all over the country, that all of a whole lot of people to prevent another fail- money. You are trying every week to ure—like massive foreclosures—will save sudden my colleagues care so much find a job, and you are three payments more in the long run. Please consider a vote about the budget deficit, when if we go behind on your home. You have to sit to help us. back 10 years, we had a budget surplus. down at dinner one night—a pretty in- He is right. The thing about unem- Then three things happened. One was adequate dinner because you are ployment benefits, it doesn’t just help the war in Iraq. The Presiding Officer stretching every cent you have—and the family who gets the benefits; it opposed it, as did I. But more than you have to explain to your son and helps them pay insurance and helps that, we went to war and didn’t pay for daughter, 10- and 12-year-olds, that them stay in their home. Think of the it. We put the cost of the war on our they will have to move out of their ripple effect when they don’t get it. It children and grandchildren. There was room, out of the house. means if your home is foreclosed on, not an outcry from anybody on the Where are we going to go? your next door neighbor’s home de- other side of the aisle saying we should I don’t know yet, but we don’t have clines in value. And then two streets pay for that war, that we should not go much space. What you have collected away, somebody else is foreclosed on. to war and charge it to the children in your room, we will have to give Somebody else is foreclosed on across and grandchildren. some of that away. the street. The whole neighborhood be- Around the same time, President What school will I go to? gins to unravel. These are people’s per- Bush came to the Congress and asked We don’t know that yet either. sonal stories, people’s lives. It abso- for major tax cuts for the richest I wish they would think of the human lutely matters. Americans. Again, the Presiding Offi- cost of what this means when people The other thing unemployment bene- cer and I opposed these tax cuts and can’t get unemployment insurance or fits do—JOHN MCCAIN, the Republican said, at a minimum, if we are going to can’t get assistance in continuing Presidential candidate, one of his top give tax cuts to the richest Americans, health care insurance, so-called economic advisers said unemployment we need to find a way to pay for them. COBRA, with the subsidy the govern- is the best stimulus to the economy be- There was no interest on that side of ment paid for the last year and a half— cause every dollar put in the pocket of the aisle when they were in the major- something that had never been done Joseph from Stark County or Monica ity in paying for the tax cuts. before—so people can keep their health from Cincinnati or Zoe from Then soon after that, President Bush insurance. Columbiana County, every dollar we came to this body and the House, Zoe from Columbiana, a county just give them in unemployment compensa- where the Presiding Officer and I south of Youngstown, writes: tion gets spent. served in those days, and asked for a I lost my job at the end of August. Until It is spent. It is spent in Canton and huge subsidy for the drug companies then I was gainfully employed. I worked hard Cincinnati and Lisbon and East Liver- and the insurance companies in the to support my 13 year old twins at home. I pool. The dollars are spent going into name of Medicare privatization. We am 50 years old. If [unemployment insur- the economy, and they have a multi- ance] is not extended, things don’t look good both opposed that, but not only did we plier effect that Senator MCCAIN’s eco- oppose it because we thought it wasn’t for my family. We have lived in a rural area for 12 years and chose this community be- nomic adviser used to talk about, that done right—it was not the way to pro- that multiplier effect means gener- vide a drug benefit to seniors—but it cause it is great for the kids. My house is not fancy or expensive. We don’t waste money. ating economic benefits for everyone in was not paid for either. There was nary We are falling behind payments on our elec- the community—the hardware store, an outcry on that side of the aisle. tric bill. Pretty soon our service might be the local school, because you pay your So when it was a $1 trillion war, tax cut. We are just trying to hang on. Please property taxes, all the things that cuts for the richest Americans, and make opponents of the extension realize that come with that. subsidies for the drug and insurance most people who are unemployed are not The last letter I will read is from companies, there was no interest in lazy. We lost our jobs, which can happen to Gerald from Wood County, south of To- anyone. Please help me. paying for it; just charge that to the ledo, Bowling Green. Wood County is grandchildren. But now that it is work- My colleagues don’t understand, peo- the site of the terrible tornado in ers who lose jobs, people who lose their ple voting against this don’t under- Millbury that happened a couple weeks insurance, people who then lose their stand that unemployment insurance is ago, where we are working with Presi- homes, there seems to be an outcry: We not welfare; it is insurance. You pay dent Obama to get help for people can’t do this. into it when you are working. You get whose homes were destroyed, and there Forget the statistics; forget that help when you lose your job. That is were many. Gerald writes: there are 900,000 Americans losing their the whole point. Most people hope they I know Republicans are holding an exten- unemployment; forget the numbers. never draw unemployment insurance, sion to unemployment benefits. Quite frank- Listen to what people say. I am going of course. But that is what insurance ly it makes me sick. to read four letters from around my is. Just like car insurance, you hope I’m unemployed and am looking for a job— State. I know the Presiding Officer you don’t have to use it. If you have but the jobs are not out there. gets them from Boulder and Colorado health insurance, you hope you don’t Most people must not realize what will happen when unemployment insurance runs Springs and Denver. I know my col- have to use it except for regular check- out. leagues get them from Tallahassee and ups. We will suddenly have millions of people Omaha and New York, letters from Monica from Hamilton County—Cin- without the support they need to live on. people who played by the rules, worked cinnati, Norwood, that area, southwest Just think of what that will do to the na- hard, lost their jobs through no fault of Ohio—writes: tion’s economy. their own, who keep fighting to find My son was laid off last year. He soon en- Again, this is not a welfare program. jobs, keep sending out resumes. You rolled in college at Cincinnati State to ob- It is an insurance program. It is not

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.004 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5287 something people want to stay on. There has been testing done over Americans grasp the significance of They have to show they are working to about the last 15 years or more as to what our biofuels industry has accom- find a job. They have to continue to how much ethanol you can actually use plished in just one decade. Current eth- apply for jobs during this whole period. in a gasoline blend without hurting anol production exceeds 9 percent and Most people in this country want to any of the engines or vehicles we use in is quickly approaching 10 percent of work. Most people want to protect America. A lot of testing has gone on, total gasoline demand in the United their family and provide for their fam- and the results of those tests have States. To put that in perspective, eth- ily and be good citizens. shown there is absolutely no problem if anol now contributes more to our This is a bridge. Unemployment ben- you increase from 10 percent to 15 per- transportation fuel demand than all of efits—it is a bridge that has gone on cent. As a matter of fact, a lot of the our oil imports from Mexico, Ven- longer than we had hoped because of tests that have been done privately ezuela, or Nigeria. I will repeat that. the terrible economy President Obama show that maybe as much as 20 to 25 Ethanol contributes more to our trans- inherited in January 2009, where three- percent could be added without any portation fuel than our oil imports quarters of a million jobs were lost damage whatsoever. from Mexico, or Venezuela, or Nigeria. that month. There has been some good This issue of approval of E15 has been Only imports from Canada and Saudi economic news. Ohio, my State, in at the EPA and the Department of En- Arabia provide more fuel for transport April had more jobs created than any ergy for a long time. Increasing the than our domestic ethanol industry. So other State in the country—37,000. Not blend rate—that is what we call it, the this is tremendously heartening news. enough, not where we need to go, not blend rate—from 10 percent to 15 per- Congress recognized the potential of sustained yet, but some good economic cent is critical to reducing our addic- biofuels in the 2007 Energy bill. We news. tion to oil and accelerating the transi- called for increasing levels of biofuels But the unemployment benefits pro- tion to biofuels. We all understand how that roughly match what the industry vide that bridge so people can get along important this is. It will strengthen has accomplished to date. In that bill, until they find that job where they can our national security, create jobs, we called for that contribution to rise begin again to rebuild their lives and boost our economy, and help the envi- steadily over the next 12 years, reach- join the middle class, as most of these ronment. ing 36 billion gallons by 2022. That people have been a part of for most of What makes the dithering at EPA would put us on a trajectory to get their lives. and the Department of Energy all the about 25 percent of our transportation So I ask my colleagues, this time more baffling and outrageous is that it fuels from domestic biofuels by 2025. please vote to extend unemployment is happening in the midst of the appall- We need to stay on that trajectory be- benefits, please support the help for ing catastrophe in the Gulf of Mexico. cause biofuels offer one of our very best COBRA, health insurance so people can The blowout at the BP Deepwater Hori- alternatives for reducing dependence stay insured and can get their lives in zon well has cast a spotlight on the ter- on petroleum. order until the economy improves rible price we pay for our dependency However, while our biofuels industry enough where they are actually able to on petroleum. But instead of spurring has stepped up to the plate, our fuel find a job. EPA and the Department of Energy markets are lagging behind. Today, Mr. President, I yield the floor. into action, they have hit the snooze nearly all ethanol is used in the form, I suggest the absence of a quorum. button and given themselves 5 or 6 as I said earlier, of E10, a blend of 10 The PRESIDING OFFICER. The more months to try to reach a deci- percent ethanol with gasoline, used in clerk will call the roll. The legislative clerk proceeded to sion. We can’t wait until the fall. In almost all of our cars and light trucks. call the roll. the face of the BP disaster, we need a Since ethanol production is very close Mr. HARKIN. Mr. President, I ask decision on E15 with the utmost ur- to 10 percent of total gasoline demand, unanimous consent that the order for gency. we are at what is commonly called the the quorum call be rescinded. We have decried our dependence on blend wall. In other words, our ethanol The PRESIDING OFFICER. Without oil for decades. Going back to the mid- production is close to the total amount objection, it is so ordered. seventies, we have talked—and we have we can use at that 10 percent blend The Senator from Iowa. talked and we have talked—about the rate, so we have this blend wall of 10 f national security risks associated with percent. our ever-increasing oil dependency. We So we have to do three things. First APPROVING THE USE AND SALE have decried the fact that we are de- and second, we must transition to a OF E15 GASOLINE pendent on oil from nations that are fleet of cars and light trucks capable of Mr. HARKIN. Mr. President, I come unstable or unfriendly, or both, to the using higher blends, and we must make to the floor today to speak about the United States. We have been embroiled higher blends available through the in- Federal Government’s unnecessary and in conflict after conflict, war after war, stallation of blender pumps. Senator unacceptable delay in deciding to ap- in the Middle East because of oil. As we LUGAR and I introduced a bill to ac- prove the use and sale of E15 gasoline have talked, our total oil usage and our complish both of these actions last fall. at all the gasoline stations in this oil imports have risen steadily. Our Consumer Fuels and Vehicles country. In recent years, there have been some Choice Act of 2009, which is S. 1627, Last Friday, we were told by the En- glimmers of hope. In 2007, we passed would mandate the manufacture of an vironmental Protection Agency and the Energy Independence and Security increasing number of flex-fuel vehicles the Department of Energy that they Act which mandates an increase in the as well as installation of increasing will not make a decision on E15, a gas- efficiency of our automobiles and light numbers of blender pumps. oline blend that includes 15 percent trucks as well as increasing levels of Again, this is not some pie-in-the-sky ethanol, until sometime this fall. Quite biofuels in our transportation sector. thing. I would point out that in the na- frankly, this is an abdication of respon- These two steps—increasing vehicle ef- tion of Brazil, every single car pro- sibility, and it couldn’t come at a ficiencies and encouraging the use of duced in Brazil—by Ford, I might add, worse time. domestic alternative fuels—are the two or by General Motors, I can also add, or To give a little history for those who fastest and most effective ways to re- by the Japanese manufacturers that don’t understand this, we have for duce our dependency on petroleum- are manufacturing cars in Brazil— about 30 years now had approval of a based fuels in transportation. every single car is 100 percent flex-fuel, blend of 10 percent ethanol with gaso- In particular, I wish to highlight and the cost of doing that is—well, if line. In the old days, it was called gas- what we have accomplished with you did it to every car, it would be al- ohol; now it is called E10. When you biofuels. In just the past decade, we most minuscule. So we need every car pull into your gasoline station, you have increased the contribution of produced in America to be totally flex- will see E10 pumps all over. There used biofuels for highway transportation fuel, just as they are in Brazil. That is to be big signs. Now it is hardly no- from about 2 percent in the year 2000 to what our bill would mandate. ticed because it is so widely used. I will almost 10 percent today. I want to re- Then, we need to increase the num- get into that more later. peat that because I don’t think most ber of blender pumps out there. This is

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.006 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5288 CONGRESSIONAL RECORD — SENATE June 23, 2010 the old chicken-and-egg argument I they will tell their boss that Senator That suggests that the provision sim- have heard for so many years. You go HARKIN intends to ask the Secretary in ply provides additional weeks of unem- to the oil companies—which we have a more formal setting why they are ployment compensation payments to done; Senator LUGAR and I both have dragging their feet on this in the midst people who have used up all their bene- done this—you talk to the oil compa- of an oil crisis, the likes of which we fits. Understandably, there are people nies. have never seen. in my State and around the country Why don’t you put in more blender If I sound upset, I am. There is abso- who say: Wait a minute. At some point pumps? lutely no reason for this foot drag- you don’t want to keep adding more They say: Well, we can’t put in more ging—none whatsoever. This slow and more weeks of unemployment ben- blender pumps because there are not walking may be business as usual for a efits. that many flex-fuel cars out there to bureaucracy in ordinary times, but What we need to understand is that is use the higher blends. these are not ordinary times, and bu- not what we are proposing to do here. You go to the automobile manufac- reaucratic business as usual is not ac- What we have been trying to do is not turers and say: Why don’t you manu- ceptable. We are in the midst of what to add more weeks but merely to allow facture flex-fuel cars? many consider the worst environ- the unemployed to continue drawing They say: Well, we don’t have the mental disaster in American history, the same number of weeks of benefits blender pumps to supply higher blends. perhaps even world history. that they were able to draw prior to Back and forth we go. So our bill The root cause of this situation is the expiration of the program we are would do both of those things. our addiction to oil. We have not just trying to extend. I also noticed that this flex-fuel vehi- an environmental and national secu- The provision does not provide addi- cle mandate is a part of an energy bill rity imperative in that addiction, now tional payments to anyone who has ex- Senator LUGAR introduced just a few we have a profound moral imperative hausted his or her Federal and State weeks ago here in the Senate. as well. We cannot tolerate any further benefits before the authorization of The third action we need is approval delay in accelerating our transition to this program expired on June 2. It does of E15 right now—right now—for use in clean, domestically produced, renew- not extend the number of weeks of ben- all gasoline-fueled vehicles. The EPA able biofuels produced not in the Mid- efits under the programs. Rather, it has the responsibility for making this dle East or in the middle of the fragile simply allows the programs to con- decision. Gulf of Mexico but in the middle of our tinue operating for people who use up A trade association called Growth country wherever corn or sorghum or the weeks of State-provided unemploy- Energy applied to the EPA for approval sugarcane or sugar beets or ment benefits that are available to of E15 in March of 2009, more than a switchgrass or any other feedstocks for them. year ago. Under the Clean Air Act as ethanol are grown and renewed every In plain language, what this provi- amended in the 2007 Energy bill, the single year. sion will do is give a person who lost EPA is required to take final action to I have come to the floor of the Sen- his or her job last month the same un- grant or deny such a request within 270 ate today not just to urge but to de- employment compensation benefits as days. But at the end of 270 days, in No- mand that the EPA and the Depart- someone who lost his or her job a full vember of 2009, EPA simply reported ment of Energy give this decision the year ago. that they were going to wait for the re- highest and the most urgent priority. What are we talking about as far as sults of more Department of Energy We cannot wait until this fall. It is the amount of these benefits? There is testing of vehicles running on E15 be- time for the EPA and the Department an editorial in the New York Times fore making the mandated decision. of Energy to get off that stump and this morning indicating that the aver- However, last November, they also in- move ahead aggressively. They had age unemployment check is $309 a dicated they expected to approve E15 their 270 days last year. We have al- week. It is not that high in my State. for all vehicles of model year 2001 or ready gone over that. The law is clear. Mr. President, $295 a week is the aver- newer by mid-2010 provided that the It is unacceptable that they are drag- age. We are not talking about a vast test results continued to be supportive. ging their feet. amount of money, particularly if a per- But now we are being told their deci- Both the EPA and the Department of son is trying to support a family and sion will be further delayed—further Energy owe us, the Congress, a better trying to pay some portion of their delayed. accounting for the current delay and bills while they seek another job. Peo- First of all, the bill is clear. They the excuses we have been given. Most ple need to understand also that you were mandated to make this decision important, it is time for them to end cannot draw unemployment benefits within 270 days. That was last Novem- the delay and the dithering around. We under the State programs or the Fed- ber. They said we need a little bit more need a decision, and we need it now. eral programs unless you continue to time. The tests were all supportive. Mr. President, I yield the floor and be actively seeking employment. The tests all looked very good. And suggest the absence of a quorum. In plain language, what this provi- they told us they expected to approve The PRESIDING OFFICER. The sion would do is give a person who lost E15 for all model year cars 2001 and clerk will call the roll. his or her job just recently the same later by June of 2010. The legislative clerk proceeded to opportunity that people who lost their Now what has happened? They’re call the roll. jobs some time ago have had. kicking the ball down the field again. Mr. BINGAMAN. Mr. President, I ask The bill we are debating would allow They said maybe this fall. unanimous consent that the order for what we call the Emergency Unem- Again, what we are told—I do not the quorum call be rescinded. ployment Compensation Program to know this is factual—what we are told The PRESIDING OFFICER. Without continue operating. A person who loses is this is a consequence of testing objection, it is so ordered. his job is eligible to receive up to 26 delays and additional test require- f weeks of benefits through the State un- ments at the Department of Energy. employment compensation program. I have to ask the question: If this is UNEMPLOYMENT INSURANCE When those benefits are exhausted, so, why is the Department of Energy BENEFITS some States add additional benefits dragging its feet? What is Secretary Mr. BINGAMAN. Mr. President, I through what they call the extended Chu doing about this? I think Sec- wish to speak briefly about the issue of benefit program, and many do not. retary Chu needs to explain these unemployment insurance benefits. We, Once all the State benefits have been delays. Is it because there is a bias at the Congress, allowed these benefits to exhausted, the person may be eligible the Department of Energy against expire 21 days ago. I believe there is a to receive additional benefits through biofuels? There is some indication major misperception on the part of this Emergency Unemployment Com- there just might be that kind of a bias. some about what the effect of this is. pensation Program, which is the sub- I would like to know the answer to This proposal to extend these bene- ject of our discussion. That program is that question. I hope, if anybody is fits is talked about as a so-called ex- what we are debating today as part of watching at the Department of Energy, tension of unemployment insurance. this extenders package.

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.007 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5289 Clearly, the date on which a person Unemployment Compensation Program for the people of northwest Florida, becomes eligible for the Emergency has been allowed to lapse. what it will mean for the environment; Unemployment Compensation Program I want to be clear that I do not be- but it breaks my heart even more be- depends on when that person lost his or lieve this program needs to be contin- cause I think a lot of this could have her job. ued indefinitely, not least because of been prevented. Many Members of this Moreover, the number of payments the substantial cost involved. When the body, as well as the one down the hall, for which that person is eligible also job market improves, we need to find a have been asking for weeks, where is depends on when he lost that job be- way to phase out these costs. In my the Federal response? Where are the cause the benefits are paid in a series view, the fair thing to do would be to skimmers off our coast to suck up this of four tiers, with each tier lasting a choose a date and say people who lose oil before it gets on our beaches, into certain number of weeks. their job after that date and begin our waterways and into our estuaries? Because this program has been forced drawing unemployment benefits after Frankly, I have been extremely frus- to stop operating, people who lost their that date will not be eligible to receive trated with the response from this gov- job recently will not receive as much the extra weeks of benefits that the ernment. I believe—and there are many unemployment compensation or as Federal Government is adding to what who believe this as well—that the Fed- many weeks of unemployment com- the States are providing. eral Government should not be in- pensation as people who lost their jobs The economy is much better than it volved in all aspects of our lives. But months ago. was last year when the country was what the government does, the govern- Continuing the Emergency Unem- losing 750,000 jobs every month. The ment should do well. And one thing the ployment Compensation Program is free-fall has stopped. The private sec- Federal Government should do, and simply a matter of fairness to those tor is once again creating jobs at a should be uniquely qualified to do, is to people if they continue to seek employ- very modest level. But the unemploy- help in a time of disaster. In this cir- ment. ment rate is still at 8.7 percent in my cumstance, however, the government From the week of June 2—21 days ago State of New Mexico and at 9.7 nation- has fallen far short. when this program expired—until the ally. Now is not the time to eliminate One thing that has been very frus- end of last week, there were right at the assistance this program has been trating to me is trying to determine 4,000 people in my State who had run providing to the many people who have how many skimmers are in fact off the out of State benefits. Those individuals been forced to lose their jobs during coast of Florida. Skimmers are these then would find they did not have the this recession. vessels which are equipped to suck the benefit they could have had had they I urge my colleagues to support the oil off the water, bring it on to a place run out of State benefits and lost their continuation of this Emergency Unem- where it can be contained and disposed jobs a few weeks earlier. ployment Compensation Program until of and get that oil out of the ocean. As Until the Congress acts, none of we can find a fairer way to phase it out of yesterday, we found out that there these people will be eligible for the and terminate these extra Federal ben- were 20 skimmers off the coast of Flor- Emergency Unemployment Compensa- efits. ida, plus an additional 5 skimmers that tion Program. An additional 4,600 peo- Mr. President, I yield the floor. I see the State of Florida went out on its ple who are in one of the lower tiers of a colleague seeking recognition. own and rented. the Emergency Unemployment Com- The PRESIDING OFFICER. The Sen- When I met with the President a pensation Program will exhaust their ator from Florida is recognized. week ago yesterday in Pensacola, I tier of benefits and be unable to receive Mr. LEMIEUX. Mr. President, I ask raised the issue with him: Why are the next tier of benefit. That is roughly unanimous consent that at the conclu- there not more resources stopping this 8,000 New Mexicans who will be affected sion of my remarks, the senior Senator oil from coming ashore? Admiral Allen, by the expiration of this Federal pro- from New Hampshire be recognized. who was at that meeting, and who is gram. The PRESIDING OFFICER. Without the head of the response—the former In my view, the obstruction that has objection, it is so ordered. Commandant of the Coast Guard—told forced this program to stop is not fair f us there are 2,000 skimmers in the to those New Mexicans. It is not fair to United States. So why are there only 20 many Americans. These are people who GULF OILSPILL off of Florida? I have asked the Coast worked for companies that were able to Mr. LEMIEUX. Mr. President, Amer- Guard and even the Navy, why are hang on to their employees longer than ica is facing a lot of challenges. We there not more skimmers? I have come other companies once the recession hit. have the issue of unemployment com- to find out that we cannot even deter- Cutting the benefits of these individ- pensation that my colleague just men- mine how many skimmers there are. uals is not fair. These individuals are tioned and how to pay for that so we do The State of Florida, as of yesterday, ones who primarily live in States such not put this country into further debt. in their Deepwater Horizon incident re- as my home State of New Mexico where We have the two wars we are fighting port, shows 20. We know an additional the recession hit hardest a few months in Afghanistan and Iraq and a myriad five were rented. The Federal Govern- later than it had hit in other parts of of other challenges that are facing this ment’s report, the National Incident the country. It is not fair that the peo- country. But a clear and present dan- Command Report, says there are 108 ple in these States should be eligible ger exists right now in the Gulf of Mex- skimmers. We asked the Federal Gov- for fewer weeks of benefits when they ico, a clear and present danger to my ernment—the Coast Guard—why this have paid into the unemployment in- home State of Florida. number is different than the number in surance system just like everybody I have come to the floor almost every the State Incident Command Report. else. day over the past week while we have We can’t get a good answer. And when It is easy to find maps on the Inter- been in session to talk about the need we drilled down on this 108 last week, net to show States that are disadvan- for the Federal Government to have a we were told: Well, that number isn’t taged by what the Senate has failed to more robust response in preventing correct. do. There are animated maps that show this oil from coming ashore. In followup, and having met with the how high unemployment spread across Unfortunately, the situation has got- Navy yesterday, and the Coast Guard— the country. It started on the east ten worse. In a report this morning on and I thank Secretary Mabus for mak- coast and the west coast. It crept to- television that I saw by Mark Potter, ing the Navy and the Coast Guard ward the middle of the country. States the oil now is coming ashore in Pensa- available to us to talk to them about such as New Mexico, Texas, Oklahoma, cola in a way that is profoundly worse this issue—we got a more detailed re- Kansas, Nebraska, Wyoming, South than it has been. As he described it: It sponse about skimmers that the Coast Dakota, and Colorado, I say to the Pre- is oil as far as the eye can see. Watch- Guard reports are off the coast of Flor- siding Officer, were among the last to ing those pristine white beaches cov- ida, and now the number appears to be be affected by the recession. It is the ered in brown splotches of oil this 86. So we have the State telling us 25, people of these States who are being morning—it breaks my heart. It breaks we have the incident report from the disadvantaged because the Emergency my heart for what it is going to mean Federal Government saying 108, and

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.008 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5290 CONGRESSIONAL RECORD — SENATE June 23, 2010 now the Coast Guard says it is 86. We It is not a good answer that they are possible. And why should we be using can’t get a straight answer. needed for another oilspill, because we every ship possible? Because oil is This gets to the base of the problem, have an oilspill—the worst oilspill that washing up on the shore of my State which is that we don’t know what we we have ever seen in this country, and and the Federal Government seems are doing down there in the Gulf of one that is washing sheets of oil this anemic, at best, in its response. Mexico. The Federal Government is not morning onto the beaches of Pensacola What is this doing to our oceans, our putting the focus and attention on this in my home State of Florida. waterways? The Mote Marine Labora- issue that it should be. When I met That is the national picture. Inter- tory in Sarasota—which I had the with Admiral Allen, I asked him about nationally, the State Department came privilege to visit a couple of weekends the 2,000 skimmers he had reported out with a report which I talked about ago—does wonderful work with marine were available in this country and why yesterday—it came out last Friday— life and has these unique, almost tor- those skimmers weren’t in the Gulf of that talks about all the offers of assist- pedo-like automated vehicles that go Mexico now, some 65 days after this ance from foreign countries, offers that out in the water to check to see wheth- disaster first started. I got answers were made by Belgium on June 15, the er the oil has spread. It is one of the ranging from, well, some are obligated European Maritime Safety Agency on vehicles that helped us determine that to be other places in case there is an May 13, by the Republic of Korea on this plume of oil, in fact, does exist be- oilspill—to me, that is like saying your May 2, by the United Arab Emirates on yond what you see on the surface. They house is burning down and we can’t May 10 to give us skimmers, and all of are reporting yesterday, in an article send a firetruck because we may need a them are still under consideration. that was published, that rare plankton- firetruck for another house that might Months have gone by and the U.S. Gov- eating sharks are moving toward the burn down—to this answer: They are ernment hasn’t returned a phone call coast of Florida. Ten healthy whale legally constrained. This is what I to these offers of help. sharks were found Friday about 23 heard from the Navy yesterday when I It is amazing to me that we would miles southwest of Sarasota. They are met with them. Some 35 skimmers not be accepting these offers of assist- moving away from the oil—this oil they would like to bring down are le- ance to bring in these skimmers from that is growing not just on the surface gally constrained. foreign countries. When there is a dis- but underneath. I asked this question yesterday: Why aster around the world, whether it is a What will be the long-range implica- aren’t we approaching this issue with a tsunami in the Far East or an earth- tions of this disaster, not just on our sense of urgency? Why doesn’t the quake in Haiti, the United States of economy but on our environment? It is President sign an Executive order America is the first to answer the call. hard to tell. This morning, Florida waiving any legal constraints? Why We, because of the goodness of our peo- State’s marine biologists are reporting aren’t we doing everything possible to ple, go in and help these countries, as that the fish population has been se- marshal those resources into the Gulf we should. Now they are offering to do verely damaged in the Gulf of Mexico. of Mexico? for us what we have done for the world I have received a new piece of infor- Mr. President, I will continue to mation from the U.S. Coast Guard. It is and give us assistance, yet we are say- come to the floor every day we are here the National Response Resource Inven- ing no. That is also beyond belief. The to sound the siren, to ring the bell and tory of skimmers and capabilities State Department, as of last Friday, call for more response and a better ef- throughout the whole country. reported 56 offers of assistance from 28 fort to protect my State of Florida, as This document shows the different countries or international groups. We well as the other States in the gulf. districts in this country. I will get this have accepted 5—5 out of 56—BP has This response is anemic, and our fail- blown up and, hopefully, come to the accepted 3, and 46 remain under consid- ure to act is outrageous. This govern- floor tomorrow and show this in great- eration. ment must do a better job. er detail. It has the country broken up I want to talk about one of these of- With that, Mr. President, I yield the by area into districts. Florida is in a fers specifically. This ship is a Dutch floor to my friend and colleague from district with Georgia and South Caro- ship from a company called Dockwise. New Hampshire. lina. That is district 7. These are Coast This ship is the Swan. This is a huge The PRESIDING OFFICER. The Sen- Guard districts, for the most part. It vessel that, when equipped with skim- ator from New Hampshire. shows how many skimmers there are. ming equipment, can suck up 20,000 f tons of water and oil—20,000 tons. It These are not skimmers offshore, of THE NATIONAL DEBT foreign countries, which we will talk was offered to the United States on about in a moment. These are skim- May 6—May 6—and we never answered Mr. GREGG. Mr. President, first, all mers here in this country. the call. Instead, a ship that has one- of us express our deepest concern for In district 7, Florida, Georgia and twentieth of its capability was accept- what the Senator from Florida, the South Carolina, there are 251 skim- ed by the Coast Guard. people of Florida, and those along the mers—251. In the Texas district, dis- I received some followup information gulf coast are going through. It is an trict 8, there are 599. So between the yesterday, and here is the response as unconscionable situation going on gulf coast of Texas to Florida there are to why the Coast Guard did not accept down there. I think the Senator has 850 skimmers, and we have somewhere this superskimmer for use in the Gulf correctly indicted the failure of the between 25 to 86 to 108, depending on of Mexico. The response was that it people responsible to bring the re- whose number is right. Perhaps they was going to be equipped with arms— sources that are available on site in are all incorrect, but given the best ac- sweeping arms, which are what skims order to try to address at least the counting possible, there are 108. Where the oil into the boat—and BP was able skimming of as much of the oil as pos- are the other 742 skimmers, and why to purchase two sets of these arms sible. I appreciate his doing this on a aren’t they being deployed? And that is from another company and, therefore, daily basis until we can get something just in the gulf coast. the ship wasn’t needed. The arms sweep done. This is critical, obviously. In the district that includes Cali- the oil into a ship; the ship holds the I want to speak today, however, fornia, there are 227 skimmers. In the oil. The arms are only half of the equa- about an issue that is equally threat- district that includes Washington tion. And if this ship holds 20,000 tons ening to our Nation—although not as State, there are 158. In the district that of oil and water mixture, it is certainly ominous, in many ways—and that is includes Michigan and other Great needed. our debt and the continued spending by Lakes States, there are 72. In the dis- Saying that we didn’t need it because this Congress in a way that ignores the trict that includes Maine, New Hamp- we got the arms and we put them on fact that we are on the path to passing shire, and Vermont, there are 160. In another ship makes no sense. The ship on to our children a nation which they the district that includes the mid-At- that was used instead has one-twen- will not be able to afford as a result of lantic, there are still another 157. Why tieth of the capability. That is an the massive debt which is being put on are these skimmers not headed to the American ship, and I am glad we are their backs. Gulf of Mexico? Why are they not there using it, but we should be using both of We heard today from a number of already? them. We should be using every ship Senators from the other side of the

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.010 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5291 aisle how we have to pass this extender land found. That is what, regrettably, Greece and other countries that have bill. There is some irony in this, in maybe Spain may be finding. It is when grossly overextended their debt. Dou- that they are claiming that it is nec- you get so much debt on the books that bling the debt in 5 years, tripling it in essary in order to address what are sig- people stop believing you can really 10 years is an unacceptable action. nificant stresses on Americans who pay it back in an effective and efficient The numbers are so big, it is hard to find themselves confronted with this way. People in the world who are sup- put them in context. But to try to put economic slowdown. What they do not posed to lend us this money—regret- them in some sort of context, if you address, of course, is the fact that in tably, it is other countries now: Saudi take all the debt rung up by Presidents passing this bill in the way they have Arabia, China, Russia—they start ask- since the beginning of this country structured it, they are going to put ing themselves: Can they really pay starting with George Washington even greater stress on the next genera- that debt back? Shouldn’t I charge a through George W. Bush, that is $5.8 tion of Americans by creating even lot more to lend them money because I trillion. That is all the debt of all the more debt for them to pay off. am not too sure they can pay the debt Presidents who came before President There are some legitimate ideas and back? That tipping point is 60 percent Obama and this Democratic Congress. programs in this extenders bill, but of GDP. When your debt to the gross Under the budget sent up by the Presi- they should be paid for. They should all national product exceeds 60 percent of dent, the debt that will be added will be paid for. They shouldn’t simply be GDP, it is generally accepted in the be three times that, almost three times put on the credit card and passed on to world community that you passed the that. The amount run up over all these the next generation. These are issues tipping point. When it gets up to 232 years we have been a nation—in 10 which address costs of today—unem- around 90 percent of GDP, you are in years, we will be adding more debt ployment insurance, the tax extenders. junk bond status. You are on your way than occurred in the first 232 years by a factor of almost 21⁄2—over 21⁄2. They are issues which affect today’s to bankruptcy. You are on your way to It is incredible. Yet nobody around becoming Greece. We have an advan- spending and they should be paid for here says anything or does anything tage over Greece. We can do something with today’s dollars. We shouldn’t bor- about it on the other side of the aisle. called monetizing our debt. But we still row from the next generation in order What we hear from the other side of have the same problem. to pay for this problem—the problems the aisle: Let’s bring out another bill. We passed 60 percent this year. Why and the issues which this bill tries to Let’s game the entitlements. Let’s are we doing that? Because we are address. game the pay-go rules one more time, spending a lot of money we don’t have Yet that is the proposal that comes as the extender bill does—or tries to on the extender program and on the to us. Three times now they have do—and let’s spend some more money other $200 billion of spending that has brought these extender programs for- we don’t have and add it to the deficit come to this floor on pay-go, on the ward. Once they were going to add $79 and the debt. Bill after bill is brought stimulus package, on the health care billion—$79 billion—to the deficit, and to this floor to do that—spend money bill. The health care bill expanded the it failed on a point of order brought by we don’t have and add it to the debt. myself on the issue of budget fiscal re- size of this government by $2.5 trillion. What does it mean in real terms? sponsibility. Then they brought for- All of that is an expense which grows Children born at the beginning of ward a proposal to spend $50 billion the government at a rate we cannot af- President Obama’s administration and that was not paid for, and again it ford. this Democratic Congress, this liberal failed. Now we are going to get a third Under the President’s own budget as Congress—it should not even be called proposal today, and I suspect it will he sent it up here—and where is the a democratic Congress because it is so also be a deficit proposal where we add budget, by the way? Did I miss some- liberal—had an $85,000 debt on their to the debt and pass the bill on to our thing? Isn’t the Congress of the United backs—think of that—when they were kids for something we want to do today States supposed to do a budget? Isn’t born. However, as of today they have a that is politically attractive. that what we are supposed to do as a $114,000 debt on their backs. That But this is just a small tip of the ice- responsible steward of our financial means kids born just 4 years ago—not house and of the American taxpayers’ berg for what has been happening even 4 years ago; 11⁄2 years ago—have around here. Since we passed pay-go dollars? Where is the budget? Under had added to their burden—and they legislation and we heard all these gran- the desk here? Maybe it is down where are going to have to bear this burden. diose statements by the President and that paper was that just fell. Nobody This is not theoretical. This debt is by the Democratic leadership of the can find it. Why is that? Because the owed. It is owed to China. It is owed to Senate and the House that they were other side of the aisle does not want to Russia. It is owed to Saudi Arabia. going to use pay-go to discipline spend- show the American people what the This debt has to be paid back by these ing around here so we would not be deficits are, how much spending they people, our children. Just in the last passing these bills on to our kids, since are planning to do that they do not 11⁄2 years, it has gone up by almost we passed that bill—now almost 2 plan to pay for—not only in this year $30,000. By the end of this Presidency, months ago—we have spent or put in but for the next 10 years. should the President be reelected—or the pipeline to spend $200 billion—$200 The President at least had the integ- even a little bit past that—by the end billion of new spending that violates rity—I guess under law he had to do of the budget projected by this Presi- the pay-go rules, that adds to the debt it—to send up a budget. His own budget dent, that debt on these children will of this country. projects a $1.4 trillion deficit this year. be $196,000. That is what they will have But that, again, is only a small tip of That is 4 times larger—3.5 times larger to pay. How are they supposed to buy a the iceberg. When we look at what is than the biggest budget under the Bush home, buy a car, send their kids to col- happening to the Federal debt, this is administration—biggest budget deficit. lege if they have to pay off this debt, the line. This is where Federal debt is It is the largest budget deficit in our which they will have to do through the going as a percentage of gross national history, $1.4 trillion. But that is not tax burden? It is inexcusable what we product. Historically, our Federal the end of it. For the next 10 years, the are doing. debts have been about 35 percent of President’s budget projects a $1 trillion Then you have to couple it with the gross national product. But since the deficit on average every year for the larger picture. Is anything being done Obama administration came into office next 10 years. The practical effect of to improve this situation? Here are the and this Democratic Congress took the President’s own budget is that the President’s own numbers. Historically, control of fiscal policy in this country, debt of this country doubles in 5 years taxes have been about 18 percent of that debt has gone right through the and triples in 10 years. These are stag- GDP. You will hear a lot of people on ceiling, and there is no stop to it. It is gering numbers. These are numbers the other side of the aisle say we just going up and up, to the point now that lead to bankruptcy of our Nation need to raise taxes more. Under the where total debt as a percentage of from the standpoint of fiscal policy. President’s own budget, they are pro- GDP has passed the tipping point. You don’t have to look too far to see jecting that taxes are going to go up What is the tipping point? That is what these types of numbers mean. rather dramatically, to almost 20 per- what Greece found. That is what Ice- Just look at what is happening in cent of GDP. What they don’t tell you

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.011 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5292 CONGRESSIONAL RECORD — SENATE June 23, 2010 is that spending has historically been ativity in the area of economic growth, The PRESIDING OFFICER. The about 20 percent of GDP. If we had the very little productivity, and basically clerk will call the roll. tax revenues they are projecting, we countries wallowing in a debt structure The assistant legislative clerk pro- wouldn’t have hardly a deficit at all. they cannot get out from under be- ceeded to call the roll. We would be in pretty good shape. cause they are not willing to make the Mr. KAUFMAN. Mr. President, I ask But that is not what is happening tough decisions. Are we going to take unanimous consent that the order for here. As a result of the President’s pro- that path also? It appears that way. the quorum call be rescinded. grams—note here how this line goes up Under this administration, in this Con- The PRESIDING OFFICER. Without sharply during the depression. It is es- gress, that appears to be the choice. objection, it is so ordered. timated to come back down because of But it is the wrong choice. f the stimulus being taken out of the There are ways to address this. To RECOVERY ACT spending stream—a very badly flawed begin with, we could stop spending— decision, by the way, to pass the stim- very simple. Stop spending money we Mr. KAUFMAN. Mr. President, I rise ulus in the form it was passed—but don’t have. Stop bringing bills to the today to remind my colleagues that then it goes straight back up. If we floor that have high deficits attached the Recovery Act has worked and is were to extend this line, it is way up to them. still working. It has been almost a year here. What is that caused by? That is We need to address the entitlement and a half since I took office and since caused by the health care bill, $2.5 tril- programs and recognize that they are, President Obama was sworn in. Re- lion of new spending, and by the aging in their present structure, not afford- member, we came into office in the midst of the worst economic crisis of the population. There is no attempt able. since the Great Depression. Our finan- to take this line and bring it down We need to address our tax laws, cial system was collapsing. We had al- where it should be going, so we close which are not structured in order to ready lost millions of jobs and were that figure. create an incentive for productivity No, this area in here is a structural and capital formation but are instead losing millions more at a truly fright- deficit that has been grossly—not replete with special benefits to special ening pace. We had roughly a $2 trillion hole in structural. It is a created deficit that interest groups. We can reduce the our economy, and instead of a surplus has been grossly aggravated by the rates on all Americans, and especially of $710 billion that was projected in policies of this administration and is we can reduce the rates on the produc- 2001 for 2009, we wound up with a $1.6 being aggravated by the policies of this tive side of the ledger, on our corporate trillion deficit. Congress, as we have seen more and rates which are now the second highest in the world, and still generate signifi- Remember back in 2001 when the more bills brought forward which are Bush administration came in? One of unpaid for and end up adding to this cantly more revenues if we do a total tax reform along the lines of what Sen- the problems was our surpluses were red line going up. It is not a tax issue. growing too fast. We had projected a $5 It is not a revenue issue. The Presi- ator WYDEN and I have actually pro- posed. trillion surplus through 2009. dent’s own budget—these are the Presi- What did we end up with? We ended dent’s own budget numbers—shows We need to change our energy policy. We have to stop shipping all this up with $5 trillion in deficits during that it is not a revenue issue. Reve- money overseas and buying energy. We that period, a $10 trillion turnaround. nues, they project, will be very robust need American production of energy. In 2009 where we had projected a sur- and will be well above the historic We need more nuclear; we need more plus of $710 billion, we ended up with a highs fairly soon. natural gas; we obviously need more $1.6 trillion deficit. Why would they do this? Why would Fortunately, the Recovery Act people be doing this to our Nation, run- conservation; we need better cars—hy- brids, electric; and sure, we need re- brought us back from the precipice of ning us into bankruptcy like this, put- disaster. It saved us from another full- ting this burden on the next generation newables, but renewables are not going to solve the problem. It is in produc- blown depression and allowed us to re- that is so extraordinary? I think there tion of American energy that we need build our economy and add jobs. is a philosophy here. The philosophy is to solve the problem, primarily, and in The nonpartisan Congressional Budg- pretty simple: This administration is conservation. et Office just recently completed an very committed to moving the Amer- Most important, we need to abandon analysis that demonstrated what a big ican model. They want to take us down this idea that we should follow the Eu- impact the Recovery Act has had. The the road of a European-style social wel- ropean model because it stifles produc- CBO, nonpartisan CBO, indicated that fare state democracy where you actu- tivity, entrepreneurship, risk taking. in the first quarter of this year, the Re- ally have cradle-to-grave coverage of We need a model that says to the covery Act accounted for anywhere be- all sorts of social concerns and you American people: Be creative. That has tween 1.8 million and 4.1 million more have an ever-expanding, dramatically been at the essence of what has made jobs, 2 to 4 million jobs. I would call expanding public sector. The President us strong as a nation. that a success. is very honest about this. He said that It has always been one of our unique The CBO also told us unemployment the way you create prosperity is to advantages over the rest of the world— was .7 percent to 11⁄2 percent lower be- grow the government. I don’t think willing to take a risk, willing to make cause of the Recovery Act. Our gross anybody ever believed he would grow it an investment, willing to go out and domestic product was 1.7 percent to 4.2 quite this much, but he was honest push the envelope. As a result, they percent higher. The CBO is not the about it, at least. But the implications have created jobs in the most pros- only one telling us this story. The Con- of it are that because of the fact that perous Nation in the history of the ference Board reported the latest we do not have the capacity to pay for world. But that is all at risk now be- version of its Leading Economic Index. this government, we are driving our- cause we decided to depart on this path The chart I have shows this index since selves right into a ditch as a nation. of massive deficit and debt in order to last January, since the President and I We are putting ourselves into a totally recreate the European form of govern- took office. This is when we passed the unstable situation which will inevi- ment: a social welfare state, which is, Recovery Act. tably lead to some sort of fiscal crisis first, not sustainable, and, secondly, is As my colleagues can see, it bot- which will be cataclysmic for our coun- not a model for prosperity. tomed out in March 2009, shortly after try and will lead to a lower standard of It is time to change, and let’s begin passage of the Recovery Act, and has living. That is what this inevitably the change right here right now by re- been steadily climbing ever since. leads to—a lower standard of living, jecting any extender bill that comes to Other major economic indicators tell a not a higher standard of living for the this floor that is not fully paid for. similar story. Take the Dow Jones In- next generation. I yield the floor. dustrial Average. Now, take the Dow The European model is not a good The PRESIDING OFFICER. The Sen- Jones Industrial Average as a guide to model for us to pursue. It simply is ator from Delaware. the health of our financial markets. not. Look at what is happening in Eu- Mr. KAUFMAN. I suggest the ab- This chart shows that shortly after rope—anemic growth, lack of cre- sence of a quorum. passing the Recovery Act, the markets

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.012 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5293 hit bottom with the Dow at 6,547 on the jobs lagged by 5 months, or you go omy is frozen. That is the time you March 9, 2009. I wonder what happened back to more recent history, November have to get the economy going. If you in March that caused the Dow Jones to 2001, where jobs lagged 22 months, the have a $2 trillion hole in the economy, go up like this? The Dow since then has problem is not that the Recovery Act you can’t let it sit there, as Japan did, risen dramatically, rising above 11,000 did not work, the problem is the time and fester. You have to do something. a couple of months ago, and even re- it takes from when the economy comes That is what the Recovery Act did. It maining above 10,000 amidst recent back until jobs come back. That is not put money into the economy. market turmoil. hard to explain. However, my friends on the other Take a look at this chart. Let’s Businesses need to use up their exist- side of the aisle are absolutely right throw the last chart up here again. In ing capacity and they need to feel con- when they say deficits are inappro- March 2009, we passed the Recovery fident in the economic climate before priate during good economic times, Act, and guess what happened. The they start expanding again. That just which is what we had for the 8 years Dow Jones average takes off. March makes sense. The process can be espe- previous to this. At those times, they 2009, guess what. We passed the Recov- cially painful during a financial col- are typically the result of irresponsible ery Act and the major economic indica- lapse where businesses and households decisions to cut taxes and put in place tors take off. Let’s look at another are forced to pare down their savings unfunded spending programs—tax cuts one. and reduce their spending, thus tamp- that were not paid for; the wars in Iraq How about the Purchasing Managers ing down economic and employment and Afghanistan, not paid for; Medi- Index, a leading indicator of business growth. care prescription drugs, not paid for. confidence. Any score over 50 means Due to this lag, which was totally So during a period when the Congres- the businesses around the country be- predictable, the jobs have been slower sional Budget Office said: In 2001, we lieve conditions are better than they to return than anyone likes. But make are going to run a $5 billion surplus, we were the previous month, and we are no mistake, thanks to the Recovery ran a $5.6 trillion deficit because we headed in the right direction. Act, we have gotten our economy back went out and spent and spent and spent Take a look at this chart. Oh, my on track and growing again. We must with no provision for paying for it. goodness. Guess what. Early 2009, we not, however, take these results for I cannot believe it when I am pre- are crashing. Now we are up. I wonder granted. For those who said at the siding here and colleagues come to the what happened during March 2009 to time we could get by with less, my Re- floor and talk about the unemployment cause this Purchasing Managers Index publican friends—and they are my extension like, man, this is a bad situa- to go up. Why all of a sudden did busi- friends, and I hold them in high re- tion. These folks are going to spend nesses around the country believe con- gard—but to those who said the econ- money and not pay for it, because we ditions were getting better? I wonder omy will come back without the Re- have these incredible deficits. what that was all about? covery Act, just look at the example of These deficits didn’t just show up in Let’s look at another chart. Let’s Japan in 1990. the last year. The deficit in the last look at gross domestic product, one of Remember on this floor, and the vote year was to get the economy moving the very best indicators of our health. against this was almost complete, again. It was a good idea. Where did From 2007 to the first quarter of 2010 it against the Recovery Act. I think we the $10 trillion turnaround come from tells the same story: Things started ended up getting three Republican between 2001 and 2008, when time after getting better after the Recovery Act votes. They were saying: We do not time, on big programs such as tax cuts was passed. need to do anything. The economy will and going to war, the decision was Here is the first quarter of 2009. Oh, come back. made not to pay for it? That is where my goodness, look at this. Going Let me show you something. Japan we got the deficits. That is where the straight down. We get to the first quar- tried that. Approximately 20 years ago, deficits came from. Those are the bad ter of 2009, straight up. Japan also experienced a serious eco- deficits. We were irresponsible. We had Either this is one of the truly great nomic downturn that was precipitated good times. That is when we should coincidences of our time, or the Recov- by the bursting of speculative bubbles have built up the deficits. That is when ery Act turned this economy around. in real estate and financial assets. the bipartisan CBO said we would have The key point, as we have said all Sound familiar? surpluses, remember? In fact, the ra- along, is not the economy, but it is However, Japan was slow not only to tionale for the first tax cut was: It is jobs. So let’s take a look at jobs. address the crisis in the banking sec- better in their pockets than in our The most recent unemployment re- tor, but also to use fiscal stimulus to pocket. We should not have been giving port indicated that we added 431,000 help jumpstart the economy. This out these tax cuts. But let’s just give jobs last month. Unemployment is still chart shows the results. They call it them to the American people because too high, much too high. Without our the ‘‘lost decade’’ in Japan. Literally of the surplus. And we ran up a $5 tril- efforts to help the economy, most nota- no growth in gross domestic product. lion deficit. bly the Recovery Act, it would be even That is what happens if you do noth- While we have serious structural and higher still. ing, if we had done nothing. We must budgetary problems—and we do—that Take a look at this chart. Here we not allow that to happen here. need to be resolved for the long term, are, folks. March 2009. What happened There are those who continue to getting our economy growing again has in March? I wonder what happened in present a false choice between bal- to be our first priority, and had to be. March 2009. I wonder why jobs went ancing the budget and fiscal stimulus President Obama has established a bi- from losing 753,000, which is what we necessary to get our economy back on partisan commission to address those lost in March of last year, to gaining track. This is a false choice. But we long-term problems. In the short-term, 431,000 in May. I wonder. What could should know by now there are times in we need to grow ourselves out of defi- have happened to these charts? which fiscal stimulus and deficits are cits—a phrase my colleagues across the We know the unfortunate thing necessary—necessary. Good deficits to aisle have invoked many times in the about this is the economy is coming spur growth and get our economy on past. They are absolutely right. We back, and the economy is coming back track. There are other times when defi- have to grow out of this. because of the Recovery Act. But we cits are unnecessary and short-sighted. One of the ways we grow out of this know from past experience that job Deficits are sometimes necessary, is to get the economy moving. One of growth lags behind economic recovery, looking back through history, to allow the ways to get the economy moving is and this chart shows how long that fiscal stimulus to jumpstart an econ- by the Recovery Act. I remember Feb- took from previous postwar recessions. omy that is contracting due to a pre- ruary 2009 all too well. No one in the The problem is not that the Recovery cipitous decline in private sector in- Senate should ever forget what it was Act did not work. It worked and the vestment and consumer spending. actually like in February 2009. We were economy came back. The problem is, if There is a hole in the economy be- looking into the abyss before we passed you look back—and we knew this at cause private sector investment and the Recovery Act. The American econ- the time—if you go back to 1949 where consumer spending stopped. The econ- omy was in free fall, and another Great

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.014 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5294 CONGRESSIONAL RECORD — SENATE June 23, 2010 Depression was imminent. Those were The TSA has been without a Senate- lective bargaining agreement? I don’t truly scary days. The Recovery Act confirmed leader for a year and a half. believe so, nor do I think my col- helped divert another Great Depres- During the last 5 months, we have ex- leagues believe that. Are Members of sion. It has our economy growing perienced two major transportation se- Congress less safe because the Capitol again. It has improved our fiscal situa- curity incidents: the unsuccessful De- Police work under a collective bar- tion. Imagine the size of our budget cember 25 bombing of Northwest flight gaining agreement? I have heard all my deficits if we had another Great De- 253 and the near escape of the failed colleagues compliment the efficiency pression, which was an all-too-real pos- Times Square bomber. I welcome the of our Capitol Police. sibility just over a year ago. Do you President’s nomination of a career FBI As the late Senator Kennedy noted in think these deficits are bad? Suppose official with extensive counterterror- August 2009 when he cosponsored a col- we had the Great Depression. ism experience, FBI Deputy Director lective bargaining rights bill for public We are now on the path to recovery, John S. Pistole, to head the TSA. I safety officers, tomorrow morning, but it is a narrow ridge, not a broad look forward to the Senate’s swift con- thousands of State and local public field. If we do not keep our eyes for- firmation of Mr. Pistole for this crit- safety officers, police officers, and fire- ward, we will too easily lose our way. ical position. fighters will wake up and go to work to We have a fragile economic recovery During the confirmation hearings for protect us. We should be there to help that has been made even more so by Mr. Pistole, the issue of collective bar- them. They will put their lives on the the massive oilspill in the gulf and by gaining for TSA employees was raised. line responding to emergencies, polic- serious fiscal and financial strains in Mr. Pistole stated that he is going to ing neighborhoods, and protecting us in Europe. We could have a double-dip. We study the issue, gather all the informa- Maryland and communities all across could turn this around. This is a very tion he can from stakeholders, and the Nation. These dedicated public fragile time for the economy. Given make a recommendation to Secretary servants will patrol our streets and run these perilous circumstances, we need Napolitano. into burning buildings to keep us safe. to be vigilant to avoid another double- Some Members of Congress, however, No one believes for a moment that we dip recession. are strongly opposed to collective bar- are less safe because they have secured To conclude, the Recovery Act has gaining for TSA employees. Their op- collective bargaining rights. done its job and will continue to do so. position is grounded in the concern If opponents of collective bargaining Now, as we get through this crisis, as that we need to adapt quickly and ef- for TSA employees want to invoke 9/11 this recession passes, we need to create fectively to specific aviation threats. to support their views, they will soon new jobs. That is the key. It isn’t The underlying premise of this argu- discover that the legacy of 9/11 shows enough to try to win back the jobs we ment is that we must choose between clearly that national security will not lost. We have to do that. To keep pace protecting the Nation from threats to be compromised by collective bar- with our population and keep a sacred aviation and collective bargaining. gaining. It shows just the reverse. promise to our children and grand- This choice, however, is a false choice Those who helped us save lives during children, we need to create a whole new because national security and what I 9/11 were covered under collective bar- generation of jobs. call smart collective bargaining are gaining rights. Before 9/11, the New As former President Clinton said in not mutually exclusive. Under smart York Port Authority police worked 8- recent years: In the last 10 years, we collective bargaining agreements, if hour days, 4 days on and 2 days off. By were creating jobs in three areas— circumstances and true emergencies the end of the day on 9/11, however, va- housing, finance, and consumer econ- were to exist, TSA would be fully capa- cations and personal time were can- omy. Unfortunately, all three of these ble to deploy assets without there celed and workers were switched to 12- have suffered in this economy. All being any negative impact from the hour tours, 7 days a week. Indeed, three of these have benefited from collective bargaining agreement. schedules did not return to normal for loose credit and easy money to build up At his confirmation hearing, Mr. Pis- 3 years. The union did not file a griev- a bubble. I am sorry to say that many tole stated that ‘‘we have to be able to ance, and everyone recognized it was a of these jobs are not coming back, es- surge resources at any time . . . not real crisis. pecially in the short term. We cannot only nationwide but worldwide.’’ I cer- If there is any doubt about whether look forward to the day or depend on tainly agree. A smart collective bar- collective bargaining will enhance our the day where carpenters were scarce gaining agreement would enable us to ability to recruit and retain the best because we built more housing than do exactly that. TSA employees to protect us, all we people could afford to buy. We do not Moreover, a smart collective bar- need to do is think about Donnie McIn- need a revitalized legion of clever gaining agreement would enhance na- tyre, a Port Authority police officer, bankers any more than we need an- tional security because it would enable one of the many selfless heroes killed other Starbucks one block closer. Going forward, we need to transform TSA to recruit and retain veteran em- on 9/11, and these memorable words our economy by revolutionizing how ployees. Our Nation’s history with written in the third stanza of ‘‘America we produce and consume energy. To do labor unions teaches us that collective the Beautiful’’ by Katherine Lee Bates: this, we will need more scientists and bargaining boosts morale and allows O beautiful for heroes proved, in liberating engineers. It is in this area where fu- employees to have a voice in their strife. Who more than self, their country loved, and mercy more than life. ture job and economic growth will hap- workplace and increases stability and pen. The Recovery Act, thank good- professionalism. On the other hand, We learned about the story of Donnie ness, began this process, not only by poor workforce management can lead McIntyre from his partner, Paul turning our economy around but also directly to high attrition, job dis- Nunziato, vice president of the New by promoting green jobs and invest- satisfaction, and increased costs, which York Port Authority Police Benevolent ment in clean energy initiatives. Our lead to gaps in aviation security. There Association. He testified before Con- challenge in the future will be to build have been reports that TSA has low gress in June of 2007 regarding the Pub- upon its foundation. worker morale, which can undermine lic Safety Employer-Employee Co- I yield the floor. the Agency’s mission and our national operation Act of 2007, a bill almost The PRESIDING OFFICER. The Sen- security. identical to the amendment offered by ator from Maryland is recognized. The fact is, DHS, Customs and Bor- Senator REID. f der Patrol officers, some of whom work Donnie was one of the 37 port author- at the same airports as TSA employ- ity police officers who lost their lives NOMINATION OF JOHN S. PISTOLE ees, as well as employees of DHS’s Fed- on 9/11 at the World Trade Center evac- Mr. CARDIN. Mr. President, I rise to eral Protection Services, and the Cap- uation effort. He was married with two speak in support of the nomination of itol Police all operate under collective children, and his wife Jeannie was John S. Pistole to be Administrator of bargaining agreements. Are members pregnant with their third child when the Transportation Security Adminis- of the flying public less safe because he died on September 11. While nothing tration and talk about collective bar- the CPB officers, who work side-by-side will make up for the loss of Donnie to gaining for TSA employees. with TSA employees, work under a col- his family, Jeannie does not have to

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.020 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5295 worry about paying bills or providing employment rate in my home State of measure that will carry unemployment health care for her children, largely be- Illinois had fallen to about 10.8 percent, benefits and COBRA through at least cause of the benefits the union nego- down from 11.2 percent in March. That another 6 months—I would love to see tiated for its members. is the first time the unemployment more time—as our friends in the House Collective bargaining for TSA em- rate has gone down since 2006, when it of Representatives have discussed. This ployees will not endanger national se- stood at only 4.4 percent. proposal would make more Americans curity. It will make us more safe. I I am the first to celebrate the cre- eligible for existing benefits. It would urge colleagues to support collective ation of even a single well-paying job. not increase the current 99-week limit bargaining for TSA employees. It will I am happy for each and every Illi- on these programs, but it would offer a improve our ability to recruit and re- noisan we can put back to work be- helping hand to those who have lost tain the best employees, like Donnie cause one job will help someone put their jobs recently and make sure they McIntyre and the countless other food on the table, and it will help one have access to the same resources. American heroes who work every day family stand just a little taller. It will This extension would not be a com- to protect us and keep us safe under give people the opportunity to partici- prehensive fix, but it would help ease collective bargaining agreements. pate in the economy again, buying the the situation and the strain on the vic- Moreover, smart collective bargaining goods and services they need. tims of this financial crisis until the for TSA employees will increase sta- That, in turn, means more jobs. One full effects of our stimulus law have bility and professionalism in the work- by one, these folks will turn our econ- taken hold and the unemployment rate begins to decline at a steady rate. place and will dramatically reduce at- omy around from the bottom up. So I This extenders package will provide do not dismiss this recent jobs report. trition rates, job dissatisfaction, and needed relief to those who need it This is a step in the right direction. It increased costs, which will enhance most. That is why I am deeply dis- is welcome news. But it is only a drop transportation security. appointed that some of my colleagues in the bucket. For every person we I urge my colleagues to swiftly con- have proposed cuts to this legislation. firm John S. Pistole to be the TSA Di- have put back to work, many others Some say we should cut $25 a week in rector and to understand the impor- are still hurting—and hurting badly. extra unemployment compensation. tance of protecting all of our workers, Our landmark stimulus law, which Relative to the overall legislation, particularly those who put their lives we enacted more than a year ago, has these cuts would be minimal. But to a on the line for us, by giving them basic done a great deal to stop the economy family who has been hit hard by this collective bargaining rights. from collapsing and set Americans crisis, $25 a week could make a tremen- With that, Mr. President, I yield the back on the road to recovery. The dous difference. Some will say we can- floor. economy is growing again. Many key not afford to provide these benefits in The PRESIDING OFFICER. The Sen- indicators have turned around. I am light of our continued recovery. But ator from Iowa is recognized. proud to say the American Recovery what do I say? I say we cannot afford (The remarks of Mr. GRASSLEY per- and Reinvestment Act has been instru- not to. taining to the submission of S. Res. 562 mental in preventing a second Great We cannot afford to nickel and dime are printed in today’s RECORD under Depression. these people who are barely scraping ‘‘Submitted Resolutions.’’) But job creation continues to lag be- by as it is. We need to give them the Mr. GRASSLEY. Mr. President, I hind. We have made progress in some support they deserve. Let’s dispense yield the floor. areas, but we still have a long way to with this hollow rhetoric about fiscal Since I do not see any other Members go. That is why I urge my colleagues to responsibility from those who have lost present to speak, I suggest the absence come together and support job creation their credibility on this issue. of a quorum. measures so we can keep putting peo- Over the last decade, Republicans The PRESIDING OFFICER. The ple back to work. squandered our surplus by spending clerk will call the roll. At the same time, I urge them to wildly on massive tax breaks for the The bill clerk proceeded to call the support further extensions of unem- wealthy and the special interests, a roll. ployment and COBRA benefits so we war not paid for, and a medical pro- Mr. CONRAD. Mr. President, I ask can help people keep their heads above gram not paid for. During the years unanimous consent that the order for water until the recovery is complete. when they were in control, Senate Re- the quorum call be rescinded. These are difficult times. Through no publicans voted seven times to increase The PRESIDING OFFICER. Without fault of their own, millions of people the debt limit. They refused to pay for objection, it is so ordered. have suddenly found themselves with- major initiatives, they cut revenue, and they increased spending. f out a job. These folks are the victims of reckless behavior on Wall Street, It doesn’t take a financial expert to ORDER FOR RECESS but they, rather than Wall Street, have recognize that this is just plain irre- Mr. CONRAD. Mr. President, I ask been forced to pay the price. sponsible. It is easy to say their record unanimous consent that the Senate More Americans are classified as simply does not match their rhetoric. Let’s be honest with the American stand in recess from 1:00 to 2:30 p.m. ‘‘long-term unemployed’’ and ‘‘dis- people. Let’s work together to solve today. advantaged workers’’ than ever before. this problem rather than hiding behind The PRESIDING OFFICER. Without Many have exhausted their unemploy- the same irresponsible policies that got objection, it is so ordered. ment benefits or they are dangerously us here in the first place. Mr. CONRAD. I suggest the absence close to doing so. I recognize that job creation must re- of a quorum. I believe we must pass this extenders main our top priority, and I am con- The PRESIDING OFFICER. The package and restore stability by help- fident that Democrats and Republicans clerk will call the roll. ing States cover the rising cost of un- can agree we need to help people get The bill clerk proceeded to call the employment insurance. back to work. In the meantime, let’s roll. We need to increase access to COBRA pass this extension so that folks can Mr. BURRIS. Madam President, I ask so that people can remain on their old get food on the table and get access to unanimous consent that the order for health insurance for a period of time the medical care they need. Let’s stand the quorum call be rescinded. after they lose their jobs. up for those who have been hit hardest The PRESIDING OFFICER (Mrs. We need to extend these benefits to by this crisis and send them a message HAGAN). Without objection, it is so or- more hard-working Americans who are loud and clear: We haven’t forgotten dered. struggling to find work during this you and, hopefully, help is on the way. f time of uncertainty. I yield the floor. Just last month, after a long partisan The PRESIDING OFFICER. The Sen- UNEMPLOYMENT AND COBRA battle, we passed a temporary exten- ator from Pennsylvania is recognized. BENEFITS sion of these programs. But that exten- Mr. SPECTER. I ask unanimous con- Mr. BURRIS. Madam President, near sion expired on June 2, almost a month sent that I may speak for up to 20 min- the end of May, we learned that the un- ago. So it is time to take up a new utes.

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.021 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5296 CONGRESSIONAL RECORD — SENATE June 23, 2010 The PRESIDING OFFICER. Without Citizens United—their judicial views lier this week, the Supreme Court has objection, it is so ordered. were much different. allowed many circuit splits to remain f Both Chief Justice Roberts and Jus- unchecked. There is an informative ar- tice Alito talked at length about how ticle in the July/August 2006 edition of NOMINATION OF ELENA KAGAN it was the legislative function to have the Atlantic entitled ‘‘Of Clerks and Mr. SPECTER. Madam President, I hearings, compile the record and find Perks,’’ written by Stuart Taylor, Jr. have sought recognition to comment the facts; that it was not a judicial and Benjamin Wittes. In that article, on the range of questions for Solicitor function, and that when judges engaged the authors point out about how much General Kagan on her forthcoming in that, they were engaging in legisla- time the Supreme Court Justices have, hearings before the Senate Judiciary tion. But when it came to the case of noting that one Justice produced four Committee. Citizens United, overturning a century popular books on legal themes while on Solicitor General Kagan has issued a of a prohibition on corporations engag- the bench, another is working on a $1.5 fairly broad invitation, in effect, on ing in paying for political advertising, million memoir, and another Justice questioning. In an article that she pub- both Chief Justice Roberts and Justice took 28 trips in 2004 alone and pub- lished in the Chicago Law Review back Alito found the 100,000-page record in- lished books in 2002, 2003, and 2005. in 1995, her comment at that time was, sufficient. Both of them talked about Madam President, I ask unanimous in part, as follows: stare decisis and the value of precedent consent to have printed in the RECORD When the Senate ceases to engage nomi- and the factors that led to the the full article to which I just referred. nees in meaningful discussion of legal issues, strengthening of stare decisis. Chief There being no objection, the mate- the confirmation process takes on an air of Justice Roberts spoke emphatically rial was ordered to be printed in the vacuity . . . and the Senate becomes incapa- about not giving the legal system a RECORD, as follows: ble of either properly evaluating nominees or ‘‘jolt.’’ Well, that is hardly what has [From the Atlantic, July/August 2006] appropriately educating the public. For happened during their tenure on the OF CLERKS AND PERKS nominees, the safest and surest route to the bench. WHY SUPREME COURT JUSTICES HAVE MORE prize lay in alternating platitudinous state- FREE TIME THAN EVER—AND WHY IT SHOULD ments and judicial silence. Who would have So the question which we will put to Solicitor General Kagan, among oth- BE TAKEN AWAY done anything different in the absence of (By Stuart Taylor Jr. and Benjamin Wittes) pressure from Members of Congress? ers, is, How does Congress get those There are few jobs as powerful as that of That is a fair-sized invitation for a promises translated into actual prac- tice? And in making the comments Supreme Court justice—and few jobs as little pressure from Members of the cushy. Many powerful people don’t have time Senate. I think she is right in her pro- about Chief Justice Roberts and Jus- for extracurricular traveling, speaking, and nouncements, and it is something we tice Alito, I do so without challenging writing, let alone for three-month summer ought to do. She goes on to write in the their good faith. There is a big dif- recesses. Yet the late Chief Justice William law review article: ference between answering questions in Rehnquist produced four popular books on a Judiciary Committee hearing and de- legal themes while serving on the bench. Chairman Biden and Senator Specter, in Clarence Thomas has been working on a $1.5 particular, expressed impatience with the ciding a case in controversy. But the question remains as to how we handle million memoir. And Sandra Day O’Connor, game as played. Specter warned that the Ju- who retired to general adulation, took twen- diciary Committee one day would ‘‘rear up that. ty-eight paid trips in 2004 alone, and pub- on its hind legs’’ and reject a nominee who As expressed in my statement earlier lished books in 2002, 2003, and 2005. refused to answer questions. Senators do not this week, I am very much concerned All this freelancing time breeds high-hand- insist that any nominee reveal what kind of about the fact that there has been a edness. Ruth Bader Ginsburg tars those who a Justice she would make by disclosing her denigration of the strong constitu- disagree with her enthusiasm for foreign law views on important legal issues. Senators tional doctrine of separation of power with the taint of apartheid and Dred Scott; have not done so since the hearings on the and that we have moved to a con- Antonin Scalia calls believers in an evolving nomination of Judge Bork. Constitution ‘‘idiots,’’ and carries on a pub- centration of power. That has happened lic feud with a newspaper over whether a Solicitor General Kagan goes on to by the Supreme Court taking on the write: dismissive gesture he made after Sunday proportionality and congruence test, Mass—flicking fingers out from under his A nominee lacking a public record would which, as Justice Scalia noted in a dis- chin—was obscene. Meanwhile, on the bench have an advantage over a highly prolific au- sent, is a ‘‘flabby’’ test designed for ju- the justices behave like a continuing con- thor. dicial legislation. stitutional convention, second-guessing There has been some questioning as The Court has also ceded enormous elected officials on issues from school dis- to whether this nominee has such a powers to the executive by refusing to cipline to the outcome of the 2000 election, small paper trail that it will be doubly while leaving unresolved important, if dust- decide cases where there are conflicts dry, legal questions that are largely invisible difficult, or significantly more dif- between the executive and legislative to the public. ficult, to find out her views. But in her branches. I spoke at length earlier this Many lawmakers are keen to push back law review article, noting the dif- week about the failure of the Supreme against a self-regarding Supreme Court, but ference with that kind of a paper trail Court to deal with the conflict between all of the obvious levers at their disposal in- is, again, another invitation. Congress’s Article I powers in enacting volve serious assaults on judicial independ- The author of the law review article, the Foreign Intelligence Surveillance ence—a cure that’s worse than the disease of Solicitor General Kagan, goes on to judicial unaccountability. The Senate has al- Act versus the President’s authority as ready politicized the confirmation process write: Commander in Chief. I did that in the beyond redemption, and attacking the fed- The Senators’ consideration of a nominee, context of noting that the Supreme eral courts’ jurisdiction, impeaching judges, and particularly the Senate’s confirmation Court has time for deciding many more and squeezing judicial budgets are all bludg- hearing, ought to focus on substantive cases. eons that legislators have historically avoid- issues. These are, I think, impressive statis- ed, and for good reason. Well, that, then, raises the question tics. In 1886, the Supreme Court had So what’s an exasperated Congress to do? about how do you get answers on sub- 1,396 cases on its docket and decided 451 We have a modest proposal: let’s fire their clerks. stantive issues, and what is the value cases. In 1987, a century later, the Su- Eliminating the law clerks would force the of the substantive issues when the preme Court issued 146 opinions. By justices to focus more on legal analysis and, nominee, after being confirmed, is on 2006, the Supreme Court heard argu- we can hope, less on their own policy agen- the bench? ment on 78 cases, wrote opinions in 68. das. It would leave them little time for silly Earlier this week, I made an exten- In 2007, they heard argument in 75 speeches. It would make them more ‘‘inde- sive statement reviewing the records of cases, wrote opinions in 67 cases. In pendent’’ than they really want to be, by Chief Justice Roberts and Justice Alito 2008, they heard arguments in 78 cases, ending their debilitating reliance on in their confirmation hearings. Al- twentysomething law-school graduates. Per- wrote opinions in 75 cases. haps best of all, it would effectively shorten though both professed to give great In addition to not deciding cases such their tenure by forcing them to do their own deference to Congress on findings of as the terrorist surveillance program work, making their jobs harder and inducing the facts of the record, when it came to and the sovereign immunities case, them to retire before power corrupts abso- making a decision—for example, in which I talked about extensively ear- lutely or decrepitude sets in.

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.024 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5297 No justice worth his or her salt should once they are on the bench, what they for years the practice in this country. need a bunch of kids who have never (or are talking about in the confirmation The executive branch did not handle it, barely) practiced law to draft opinions for hearings? That is hard to determine. but the Court was able to integrate our him or her. Yet that is exactly what the The best way, in my view, and I have schools in a recognition of the chang- Court now has—four clerks in each chamber to handle the lightest caseload in modern spoken about this in some length, is by ing values and the flexible interpreta- history. The justices—who, unlike lower- publicizing their failures. I think when tion of a living Constitution. court judges, don’t have to hear any case we take up their budget, for example, It is often said that the Court is not they don’t wish to—have cut their number of it is fair to consider how many clerks final because they are right, but they full decisions by more than half, from over they need, given their workload. The are right because they are final. Some- 160 in 1945 to about 80 today. During the number started at one, went to two and body has to make these final decisions, same period they have quadrupled their ret- three, and is now at four. Is it fair to and I think the Court should do it. But inue of clerks. consider the recess period? In evalu- Because Supreme Court clerks generally I do believe it is of great value if the follow a strict code of omerta` , the individual ating their budget, we have to be very people in this country understood what justices’ dependence on them is hard to docu- careful not to intrude upon judicial the Court is deciding. ment. But some have reportedly delegated a independence, which is the hallmark of Madam President, I ask unanimous shocking amount of the actual opinion writ- our Republic. But on the issue of publi- consent to have printed in the RECORD ing to their clerks. cizing what the Court does, I think it is a statement of some 11 cases entitled Justice Harry Blackman’s papers show fair game; preeminently reasonable. ‘‘List of Cutting-Edge Decisions of the that, especially in his later years, clerks did For decades now, I have been press- Roberts’ Court.’’ most of the opinion writing and the justice ing to have the Supreme Court pro- often did little more than minor editing, as There being no objection, the mate- well as checking the accuracy of spelling and ceedings televised. Only a very limited rial was ordered to be printed in the citations. Ginsburg, Thomas, and Anthony number of people can fit inside the RECORD, as follows: Kennedy reportedly have clerks write most chamber—a couple of hundred; less LIST OF CUTTING-EDGE DECISIONS OF THE or all of their first drafts—according to more than 300. People are permitted to stay ROBERTS COURT or less detailed instructions—and often make there for only 3 or 4 minutes. Twice the Citizens United v. Federal Election Com- few substantial changes. Some of O’Connor’s Judiciary Committee has passed out mission (2010). A five-four majority of the clerks have suggested that she rarely legislation by substantial margins—12– Court struck down as facially unconstitu- touched clerk drafts; others say she some- 6, and in the current term 13–6—calling tional section 203 of the McCain-Feingold times did substantial rewrites, depending on on the Supreme Court to be televised. Act, despite an extensive body of Congres- the opinion. sional findings, two Supreme Court prece- There’s no reason why seats on the highest When the case of Bush v. Gore was argued, Senator Biden and I wrote to dents explicitly uphold section 203 (Austin court in the land, which will always offer (1990) and McConnell (2003)), and prohibition their occupants great power and prestige, the Chief Justice asking that the tele- on corporation money in federal elections should also allow them to delegate the de- vision cameras be permitted to come stretching back to 1907. tailed writing to smart but unseasoned in. The Chief Justice declined, but Parents Involved in Community Schools v. underlings. Any competent justice should be did—in a rather unusual way—author- Seattle School District No. 1 (2007). In a 5–4 able to handle more than the current aver- ize a simultaneous audio. opinion by Chief Justice Roberts, the Court age of about nine majority opinions a year. There have been continuing efforts struck down narrowly tailored race-con- And those who don’t want to work hard by C–SPAN to have more access to the scious remedial plans adopted by two local ought to resign in favor of people who do. boards designed to maintain racially inte- Cutting the clerks out of the writing will Court, and I ask unanimous consent to grated school districts, contrary to a ‘‘long- also improve the justices’ decision- making, have printed in the RECORD a document standing and unbroken line of legal author- by forcing them to think issues through. As entitled ‘‘C–SPAN Timeline: Cameras ity tells us that the Equal Protection Clause the eighty-six-year-old John Paul Stevens, in the Court’’ at the conclusion of this [of the Fourteenth Amendment] permits the only justice who habitually writes his presentation. local school boards to use race-conscious cri- own first drafts, once told the journalist The PRESIDING OFFICER. Without teria to achieve positive race-related goals, Tony Mauro: ‘‘Part of the reason [I write my objection, it is so ordered. even when the Constitution does not compel own drafts] is for self-discipline . . . I don’t it.’’ really understand a case until I write it (See exhibit 1.) Hein v. Freedom from Religion Founda- out.’’ Mr. SPECTER. Madam President, I tion, Inc. (2007). In a 5–4 opinion by Justice This is not to suggest that the justices don’t have time to go into it now, with Alito, the Court held that an individual tax- should have to spend their time on scut the limited time available, but the payer did not have standing to challenge the work—reading all 8,000 petitions for review reader of the CONGRESSIONAL RECORD constitutionality of government expendi- filed in a typical year, or hitting the library can see how frequently the Court has tures to religious organizations under the to dig up obscure precedents. These are the denied access to even the audio. Bush administration’s ‘‘faith-based initia- tasks that law clerks used to do. And this It is a matter of general knowledge tives’’ program. That conclusion ran counter sort of thing is all they will have time to do to a four-decade-old precedent holding that if Congress cuts each justice’s clerk com- that the Supreme Court Justices en- taxpayers have standing to challenge federal plement from four back to one, as legal his- gage in television interviews with some expenditures as violative of the Establish- torian David Garrow has suggested. frequency. Justice Scalia, for example, ment Clause (Flast v. Cohen (1968)). For much of American history, the life of appeared on the CBS News program ‘‘60 Morse v. Frederick, (2007). In a 5–4 opinion a justice was something of a grind. Watching Minutes’’ on April 27 of 2008; Justice by Chief Justice Roberts, the Court held that the strutting pomposity of modern justices, Thomas was on ‘‘60 Minutes’’ on Sep- the suspension of high school students for this ‘‘original understanding’’ of the job—as tember 30, 2007; Justices Breyer and displaying a banner across the street from a grueling immersion in cases, briefs, and Scalia have engaged in several tele- their school that read ‘‘BONG Hits 4 JESUS’’ scholarship—seems increasingly attractive. Justice Louis Brandeis once said that the vised debates, including a debate on did not violate the First Amendment. That reason for the Supreme Court justices’ rel- December 5, 2006. All Justices have sat holding ran counter to a long-standing prece- atively high prestige was that ‘‘they are al- for television interviews conducted by dent, Tinker (1969), which held unconstitu- most the only people in Washington who do C–SPAN. tional the discipline of a public-school stu- their own work.’’ That was true then. It A point I have made with some fre- dent for engaging in First Amendment-pro- should be true again. tected speech unless it disrupts school ac- quency on the floor of the Senate is the tivities. Mr. SPECTER. Madam President, great importance of the Supreme Court Penn Plaza, LLC v. Pyett (2009). In a 5–4 this raises the issue about deciding in our government. The Supreme Court opinion by Justice Thomas, the Court upend- these cases where the workload is not has the final word. There is nothing in ed the Court’s unanimous 1974 decision in Al- very high, where there is a recess of the Constitution which gives the Su- exander v. Gardner-Denver Co. (1974), which some 3 months, extensive travels, and preme Court the final word, but they held that an employee cannot be compelled extensive lectures. Now they may do took it in the celebrated case of to arbitrate a statutory discrimination what they please, and they will, but Marbury v. Madison, and I believe it claim under a collectively bargained-for ar- bitration clause to which he did not consent. there is a balance here. The question has been for the betterment of the The Court held otherwise in Pyett, thereby is: How do you get more cases decided? country. You find the inability of the depriving many employees of their right to How do you deal with the question of Congress to act. The most noteworthy bring statutory discrimination claims in fed- having the Justices put into practice, illustration of that was segregation, eral court.

VerDate Mar 15 2010 23:39 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.001 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5298 CONGRESSIONAL RECORD — SENATE June 23, 2010 Leegin Creative Leather Products, Inc. v. Court invalidating the Arizona clean television coverage of civil cases before two PSKS (2007). In a 5–4 opinion by Justice Ken- elections law. federal Courts of Appeals and six District nedy, the Court overturned a century-old Arizona set up a law to provide Courts. 11/2000—Letter to Chief Justice Rehnquist precedent holding that vertical price-fixing matching funds. The District Court in agreements per-se violate the federal anti- requesting camera coverage of Bush v. Palm trust laws. Arizona declared it unconstitutional, Beach County Canvassing Board. Court Federal Election Commission v. Wisconsin but the Ninth Circuit overturned the agreed to release audio only. Right to Lift (2007). In a 5–4 opinion by Jus- district court. The district court had 12/2000—Letter to Chief Justice Rehnquist tice Roberts, the Court ruled that the issued an injunction—that is, to pre- requesting live audio release of Bush v. Gore. McCain-Feingold Act’s limitations on polit- vent the law from being carried out— Received early audio release, not live. ical advertising were unconstitutional as on matching funds. The Ninth Circuit 2003—Sent letter requesting early audio re- they applied to issue ads like WRTL’s (which lease of Grutter v. Bollinger and Gratz v. reversed that. The Supreme Court—in Bollinger. (Affirmative action cases) Court in this case encouraged viewers to contact an unusual decision, to put it mildly— two U.S. Senators and tell them to oppose agreed. filibusters of judicial nominees). Justice earlier this month, on June 8, put the 2003—Requested early audio release of Scalia went so far as to accuse Chief Justice injunction back into effect. McConnell v. FEC. (Campaign finance rules) Roberts and Justice Alito of practicing what This is in the context where there Court agreed. he called ‘‘faux judicial restraining’’ by ef- hasn’t even been a petition for certio- 5/2003—Justice O’Connor participates in C– fectively overruling McConnell (2003) ‘‘with- rari filed. The regular practice—the SPAN’s ‘‘Student and Leaders’’ with stu- dents at Gonzaga College High School in out expressly saying so.’’ regular order—is a petition for cert, Northwest Austin Municipal Utility Dis- Washington, DC. briefs, argument. That is the way cases 5/2003—Justice Thomas participates in C– trict v. Holder (2009). An opinion by Chief are decided. But here, in the wake of Justice Roberts discussed whether the 2006 SPAN’s ‘‘Student and Leaders’’ with stu- extension of 5 of the Voting Rights Act of Citizens United, invalidating a key dents at Banneker High School. 2004—Requested early audio release in the 1965 was supported by an adequate legislative part of McCain-Feingold, we have the following cases. Rasul v. Bush and Al Oday v. record. Although the court ultimately de- Supreme Court invalidating the Ari- United States; Cheney v. U.S. District Court; cided the case on a narrow statutory ground, zona law without even the customary Hamdi v. Rumsfeld; Rumsfeld v. Padilla. Roberts made clear that he was disinclined procedures. Court agreed. to accept Congress’s legislative finding as to All of this is in the face of congres- 2004—Requested early audio release of the need for § 5, despite an extensive record sional action and action by states to Roper v. Simmons. (Execution of juveniles) amassed over ten months in 21 hearings. try to respond to public opinion. A re- Denied. Ledbetter v. Goodyear Tire and Rubber cent Hart poll showed that some 95 per- 2005—Requested early audio release of Van Company (2007). In a 5–4 opinion by Justice Orden v. Perry and McCreary County v. Alito, the Court ruled that Ledbetter’s em- cent of the American people think that corporations make contributions to ACLU of Kentucky. (Separation of church ployment discrimination claim was time- and state) Denied. barred by Title VII’s limitations period, de- exert political influence, and 85 percent 1/2005—Senator Arlen Specter (R–PA) in- spite the fact that she had only recently of the people feel that corporations troduces legislation to televise the Supreme found out that the discrimination was occur- ought not to be able to contribute to Court Statement. Read ring. political campaigns. 4/2005—C–SPAN airs live a ‘‘Constitutional Ashcroft v. Iqbal (2009) and Bell Atlantic v. These are among the questions which Conversation’’ moderated by Tim Russert Twombly (2007). In these decisions, the Court with Justices Breyer, O’Connor and Scalia. fundamentally changed the long-standing we will be considering with the con- firmation proceeding on Solicitor Gen- They discuss the role and operation of the rules of pleadings under the Federal Rules of Court, among other subjects. Watch Civil Procedure while refusing to acknowl- eral Kagan. I cited at some length her 10/2005—First letter to Chief Justice Rob- edge that a change had been made. These de- law review article where she is inviting erts offering C–SPAN capabilities to provide cisions created a heightened pleading stand- us to do so, committing at least in her gavel-to-gavel camera coverage of Supreme ard that may impair the ability of American law review article in 1995 to provide Court. to access the courts. substantive answers and acknowl- 11/2005—Requested early audio release of: District of Columbia v. Heller (2008), In a 5– Ayotte v. Planned Parenthood of Northern 4 decision, the Court held that the Second edging that someone with a thin paper trail, as she has, is under more of an New England (abortion) and Rumsfeid v. Amendment guarantees an individual right Forum for Academic and Institutional to bear arms unconnected with service in a obligation to respond. Rights (‘‘don’t ask, don’t tell’’ policy). state militia, and, in doing, struck down a I note the time has expired. Agreed. District of Columbia gun control law that EXHIBIT 1 11/2005—C–SPAN CEO Brian Lamb testifies had been in place for over three decades. The C–SPAN TIMELINE: CAMERAS IN THE COURT before the Senate Judiciary Committee hear- majority and minority opinion diverged ing on the issue of cameras in the Supreme C–SPAN has sought to provide its audience sharply on the framer’s original under- Court. Watch/Read standing of the Second Amendment. with coverage of the Judiciary, just as it has 11/2005—U.S. House passes provisions of covered the Legislative and Executive Sunshine in the Courtroom Act Statement. Mr. SPECTER. There is insufficient branches of government. The prohibition of time to go over them now, but most of Read televised coverage of the Supreme Court’s 2006—Requested audio release of tape of them are 5–4 decisions. The Supreme oral arguments has been an obstacle to ful- the investiture of Justice Alito. Denied. Court decides everything from life to filling that goal. Below is a record of C– 2006—Requested early audio release of vot- death, Roe vs. Wade to the death pen- SPAN’s efforts to make the Court more ac- ing rights act cases. League of United Latin alty cases and double jeopardy. These cessible to the public. v. Perry; Travis County, Texas v. Perry; cases involve the integration issue, re- 1981—C–SPAN televises its first Supreme Jackson v. Perry; GI Forum v. Perry. De- Court Senate confirmation hearing with ligious freedom, freedom of speech, col- nied. gavel-to-gavel coverage, with the nomina- 3/2006—Requested early audio release of lective bargaining, the antitrust laws, tion of Sandra Day O’Connor. Hamdan v. Rumsfeld. (Military Tribunals) and all of the cutting-edge questions 1985—C–SPAN launches ‘‘America & the Court agreed. Press Release are decided. Courts,’’ a weekly program focusing on the 3/2006—Sens. Grassley (R–IA) and Schumer It is my hope that we will find time Judiciary with an emphasis on the Supreme (D–NY) introduced Sunshine in the Court- on the Senate’s agenda—with as many Court. room Act. Press Release quorum calls as we have had we ought 1987—Court permits C–SPAN to originate 6/2006—Letter to Chief Justice Roberts re- live Interview and call-in programs from its to find some time—to take up the issue questing simultaneous release of all oral ar- Press Room. guments beginning with 2006 term. Denied. of televising the Supreme Court. And 2/1988—First letter to Chief Justice 8/2006—C–SPAN’s Brian Lamb interviews as we approach next Monday’s hearings Rehnquist requesting camera coverage of Su- Chief Justice John Roberts in one of his first on Solicitor General Kagan, we will be preme Court. television interviews since joining the court. pursuing these very important issues. 11/1988—Participated in demonstration of Transcript/Watch In the remaining time available, one potential camera coverage in Supreme 10/2006—Requested early audio release of other matter which I wish to comment Court. Gonzalez v. Planned Parenthood and Gon- about—and I have sent Solicitor Gen- 9/1990—C–SPAN airs first live telecast of a zalez v. Carhart (abortion). Court agreed. federal court proceeding from a military ap- Press Release eral Kagan three letters setting forth peals court. 10/2006—C–SPAN airs live a discussion be- the areas of questioning which I intend 1991—C–SPAN is instrumental in advo- tween Justice Scalia and Nadine Strossen, to make—is a remarkable, perhaps un- cating and implementing a 4-year experi- President of the ACLU, called ‘‘ The State of precedented, action by the Supreme ment with the Judicial Conference to test Civil Liberties.’’ Watch

VerDate Mar 15 2010 02:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.002 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5299 11/2006—Sent letter requesting early audio 1/16/2008—NY Times Editorial on Cameras 5/10/10—Pres. Obama nominates U.S. Solic- release of Parents Involved v. Seattle School in the Supreme Court. itor General Elena Kagan. She gave remarks District No. 1 and Meredith v. Jefferson 3/2008—Request denied for same-day audio on cameras in the court during a Ninth Cir- County Board of Education (affirmative ac- release of oral argument in United States v. cuit Judicial Conference from July, 23, 2009. tion). Court agreed. Ressam (‘‘Millenium Bomber’’ case). Click here to watch 11/2006—Requested early audio release of 3/2008—Request granted for same-day audio f oral arguments in Parents Involved v. Se- release of oral argument in District of Co- attle School District No. 1 and Meredith v. lumbia v. Heller (DC Gun Law). Press Re- RECESS Jefferson County Board of Education (Af- lease firmative action) Court agreed. Press Re- 3/6/2008—The Senate Judiciary Committee The PRESIDING OFFICER. The Sen- lease passes the ‘‘Sunshine in the Courtroom Act’’ ate stands in recess, under the previous 1/2007—Sent letter requesting early audio which allows cameras in federal court rooms order, until 2:30 p.m. release of Davenport v. Washington Edu- with a vote of 10–8 with one member abstain- Thereupon, the Senate, at 1:01 p.m., cation Association and Washington v. Wash- ing. The bill is referred to the full senate for recessed until 2:30 p.m., and reassem- ington Education Association (Union dues). consideration. Press Release bled when called to order by the Acting 3/21/2008—Rochester Democrat and Chron- Denied. President pro tempore. 1/2007—Introduction of the Sunshine in the icle Editorial on allowing cameras in the Su- Courtroom Act of 2007 in the 110th Congress, preme Court. The ACTING PRESIDENT pro tem- co-sponsored by Sens. Grassley (R–IA), 4/14/08—Request for same-day audio release pore. The majority leader is recog- Leahy (D–VT) and Schumer (D–NY). of oral argument in Kennedy V. Louisiana nized. 1/2007—Sen. Arlen Specter (R–PA) intro- (Death Penalty for Rape) denied. Mr. REID. Mr. President, I ask unan- 9/26/2008—Request for same-day audio re- duces cameras in the Supreme Court legisla- imous consent that Senator NELSON of tion. Watch lease of oral argument in Altria Group, Inc. v. Good (Marketing of ‘‘Light’’ Cigarettes) Florida be recognized for up to 11 min- 2/2007—Sent letter requesting early audio utes as in morning business and Sen- release of Rita v. United States and Clai- and Winter v. Natural Resources denied. Re- ator DEMINT be recognized for up to 10 borne v. United States (Federal sentencing quest Letter guidelines). Denied 10/15/2008—Request for same-day audio re- minutes; that during this time that has 2/2007—Rep. Ted Poe (D–TX/2nd), a former lease of oral argument in FCC v. Fox Tele- been requested, there be no amend- judge, delivers a floor speech about opening vision Stations (Television Indecency Stand- ments or motions in order, and that the court to cameras. Watch ards) denied. Request Letter Story upon use or yielding back of the time, 2/2007—Sens. Specter and Cornyn discuss 11/12/2008—Request for audio release of oral argument in Pleasant Grove City v. Sum- I be recognized. cameras in the courts with Justice Anthony The ACTING PRESIDENT pro tem- Kennedy during Judiciary Committee hear- mum (Free Speech) denied. 12/3/2008—Request for audio release of oral pore. Without objection, it is so or- ing. Sen. Specter questions Justice Kennedy argument in Phillip Morris USA Inc. v. Wil- directly. Watch/Sen. Cornyn remarks on his dered. liams (Supreme Court-State Court author- experience with cameras. Watch/Watch Hear- The Senator from Florida is recog- ity) denied. ing nized. 12/10/2008—Request for same-day audio re- 3/2007—Justices Kennedy and Thomas com- lease of oral argument in Ashcroft v. Iqbal f ment on cameras in the court before a House (Can President’s Cabinet be sued for con- Appropriations Subcommittee hearing on THE GULF COAST DISASTER stitutional violations by subordinates) de- the FY08 Supreme Court budget. Watch Jus- nied. Mr. NELSON of Florida. Mr. Presi- tice Kennedy/Watch Justice Thomas 3/3/2009—Request for audio release of oral 3/2007—Sent letter requesting early audio dent, in my at least weekly report to argument in Caperton v. A.T. Massey release of FEC v. Wisconsin Right to Life the Senate about what is happening (Should elected state judges recuse them- and McCain v. Wisconsin Right to Life (Cam- down on the Gulf Coast, I am sad to re- selves) denied. paign Finance). Denied. 3/27/2009—Joint request for same-day audio port to you that as of this moment, one 3/7/2007—Sent letter requesting camera cov- release of oral argument in Northwest Aus- of the remote operating vehicles has erage of 3rd circuit CBS vs. FCC hearing on tin Municipal Utility District Number One v. bumped into that top hat process that Television Indecency Standards. Received Holder 4–291 granted. Request Letter Article was funneling the oil off of the big permission for audio only. 7/2009—Judge Sotomayor questioned about structure, the blowout preventer from 8/16/2007—Aired camera footage of Ninth cameras in the court during her confirma- Circuit Court of Appeals 8/15/07 oral argu- the pipe, the riser pipe, with the result tion hearings. Sen. Specter on Opinion Poll that all of that oil now is not being si- ment in two cases on the government’s Sen. Specter on Cameras in the Court Sen. warrantless wiretapping program. Al- Kohl on Cameras in the Court phoned off. The estimates now are up- Haramain Islamic Foundation, Inc. v. Bush 7/2009—British Supreme Court decides to wards and probably pretty close to Hepting v. AT&T televise events from inside the court’s three 60,000 barrels a day of oil gushing into 9/11/2007—Aired same-day audio of CBS vs. chambers. Article the Gulf of Mexico. FCC hearing on Television Indecency Stand- 8/7/2009—Boston Herald op-ed by Wayne Remember, when it started off, oh, it ards. Woodlief: ‘‘Televised justice would be for was only 1,000 barrels a day. Then it 9/27/2007—C–SPAN President Susan Swain all.’’ Article testifies before House Judiciary Committee 9/9/2009—Request for Citizens United v. was only 5,000 barrels a day. Then it on H.R. 2128, Sunshine in the Courtroom Act Federal Election Commission (Campaign Fi- was maybe 12,000 barrels a day but max of 2007. Watch/Read Testimony nance). Agreed. 20,000 barrels a day. Senator BOXER and 9/2007—Sent letter requesting early audio 11/2009—Requests for audio releases of oral I were able to get the streaming video release of Medellin v. Texas (Presidential arguments in Jones v. Harris Associates (In- out so the scientists could look and Powers) and Stoneridge Investment v. Sci- vestment fund fees), Graham v. Florida (life they could make their estimates, their entific-Atlanta (Securities Fraud). Denied. sentence for minor), and Sullivan v. Florida calculations. Anyway, it has gone on 10/2007—Sent letter requesting early audio (life sentence for minor). Denied. release of Boumediene v. Bush & Al Odah v. 2/16/10—Request for request for same-day and on. It is now up to 60,000 barrels of U.S. (Guantanamo Detainees) Court Agreed. audio release of oral argument in Holder v oil a day. Press Release Humanitarian Law Project. Denied. The oil industry had said they had 11/16/2007—9th Circuit Court of Appeals 2/26/10—C–SPAN requests for same-day started siphoning off—first it was opinion in Al-Haramain Islamic Foundation audio release of oral arguments in Skilling 10,000, then it was 15,000. They were v. Bush cites C–SPAN’S request to record v. United States and McDonald v. City of trying to get it up to 25,000. Now, since oral argument and date footage was tele- Chicago on Tuesday, March 2nd—denied. this accident, that is being shut down— vised. See footnote 5, page 14969. 4/7/10—C–SPAN requests same-day audio 12/06/2007—Senate Judiciary Committee release of oral argument in Christian Legal let’s hope just very temporarily, but votes in favor of sending S. 344 to the full Society Chapter v. Martinez on April 19. De- we are now back to the point that most Senate for a vote. The bill would require tel- nied. of the oil is gushing back into the gulf. evision coverage of the Supreme Court’s 4/15/10—During hearing of House Appropria- We know the result. open sessions unless a majority of justices tions-Subcommittee on Financial Services If this continues for another 2 vote to block cameras for a particular case. and General Services, Supreme Court Justice months, to the end of the summer, it is 1/2008—Request for same-day audio release Stephen Breyer comments on cameras in the going to fill up the gulf with oil and it of oral argument in Baze v. Rees (Lethal In- court. Click here to watch jection). Court agreed. Press Release 4/29/10—C–SPAN statement on today’s Sen- is going to do just what it is doing now. 1/02/2008—Request for same-day audio re- ate Judiciary Committee passage of two bills When the wind comes this way, it lease of oral argument in Crawford v. Marion concerning TV cameras in the Supreme brings the oil from the South to the County (Voting Rights). Denied. Court. Press Release North; it brings it in onshore. The oil

VerDate Mar 15 2010 02:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.004 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5300 CONGRESSIONAL RECORD — SENATE June 23, 2010 is now all the way from the wellhead Management Service, reorganizing it, pire, and taxes go up in our economy, off Louisiana, all the way across the getting new personnel, then it is up to in the first year we could lose 270,000 gulf coast of northwest Florida. The us to change the law to make sure jobs. This is really unacceptable when blessing we had is that the wind has there are penalties—indeed, even unemployment is already nearly 10 per- kept most of it off the coast. But, in- criminal penalties—for gifts and trips cent, the economy is waning, and we evitably, when the wind rises up in the by the very industry you are sup- just got a bad housing report. As all of South, it brings the tar balls up. It has posedly regulating, which in this case these companies plan for their future, brought some of that terrible-looking claimed 11 lives and countless jobs and they are certainly not going to risk orange mousse. That is one of the most livelihoods and a whole way of life in a capital to expand their companies and repulsive-looking things. When I saw culture along the gulf coast. add people if they know their taxes are that in Pensacola Bay, to think of that The bill that will be heard tomorrow, going to go up. in a pristine bay such as that and that which we are grateful for, sets new pen- What I proposed as part of this de- the tides and wind were carrying it alties. It sets a limit—a mere 2 years— bate on a tax bill is to focus on just one right to downtown Pensacola—that is so that when someone comes out of the area that we know has a lot to do with what we are having to deal with. government regulator’s office, they investment, with growth of companies; Tomorrow, the Energy Committee is can’t be employed in that oil industry that is, the capital gains tax and the having a hearing on legislation Senator they have just regulated until a period dividends tax. My motion would refer MENENDEZ and I have sponsored. This of time of 2 years has lapsed. It also the underlying bill back to committee is to rectify the situation that brought provides penalties for the gifts, the to add the provisions that cap gains us to this situation in the first place; trips, the favors we have seen chron- tax and dividend taxes will both stay at 15 percent. If we do not act, in 6 that is, the safety checks were not icled, not in my words but in the words months the capital gains taxes will go made, the attention to detail on the of the 2008 inspector general’s report; from 15 to 20 percent and the dividend application was not paid, and the the report 2 months ago, the inspector taxes, which affect a lot of senior citi- checks were not made to see that the general’s report; and the report a zens on fixed incomes, will go from 15 backup devices on the blowout pre- month ago, the inspector general’s re- all the way up to nearly 40 percent. venter were, in fact, going to be there. port. In this last report, he particu- That makes absolutely no sense in a In other words, the oil regulator—the larly talked about the revolving door. recession and with the joblessness we part of the U.S. Government that is It is something we have to change. have across this country. Surely, as a supposed to do all of these safety Sadly, it has taken the biggest envi- Senate, as a Congress, we could recog- checks—was not functioning. ronmental disaster in U.S. history, but nize that raising taxes on investment— Why was it not functioning? Because because of this tragic condition, this those who are going to risk their cap- for better than a decade, there has been Congress ought to be poised now to ital—does not make sense when we are a cozy relationship between the oil in- crack down on the government’s trying to do everything we can to stim- dustry and the regulator, called the buddy-buddy relationships with the oil ulate the economy. Minerals Management Service in the industry. We tried it the other way. We tried Department of the Interior, and that Tomorrow, the Senate Energy Com- the government spending approach. We regulator was so compromised by gifts, mittee is set to begin debating legisla- all know this government spending by trips, by jobs. Indeed, I am sad to tion aimed at cutting the oil drillers’ plan we call the stimulus, where we report that the 2008 inspector general’s close ties to the industry and aimed at spent nearly $1 trillion, has failed. The report talked about there were parties, stopping that revolving door. It is President promised that if we rushed there was booze, there were drugs, going to prohibit the employees of the that through and got stimulus imme- there were illicit sexual relationships Minerals Management Service or its diately into the economy, over a year going on between the industry and the successor—since the Secretary of Inte- ago, that we could keep unemployment government regulators. How can you rior, Ken Salazar, is now busting it below 8 percent and put Americans have government regulation under up—they are going to have to wait back to work. But since then, we have these conditions? around for 2 years before they get a job lost millions of real jobs. We have Of course, there was the revolving back in the industry. The goal is obvi- added some government jobs because door. The revolving door happens in ous: to limit the degree of influence big this is basically a government spending other regulated industries as well, but oil has on those who are hired to keep plan, but we certainly have not put the this one was particularly revolving and the drillers in line. It is the least we real economy most Americans depend revolving. What that is, somebody can do for those folks down home who on back to work. would come out of the oil industry, are suffering so much right now. They We are continuing to lose ground. they would go through the revolving expect us to update laws to meet the Yet we stick to this failed stimulus door, they would go right into the gov- times. This is such a time. plan. Even when we try to pay for ex- ernment regulator shop, they would I yield the floor. tending unemployment benefits with stay there for a while and they would The ACTING PRESIDENT pro tem- unspent stimulus money, my col- supposedly be an independent regu- pore. The Senator from South Carolina leagues on the other side are holding so lator, but, no, the door would revolve is recognized. tightly to this that they will not even again and they would then go right f use that money to pay for it. Instead, back out of the government job, back they want to raise taxes and add to our THE CAPITAL GAINS AND into the oil industry—the very indus- debt—again, at a time when we really DIVIDEND TAX try they were supposed to be regu- cannot afford this as a nation, when all lating before. Is that a conflict of in- Mr. DEMINT. Mr. President, I wish to of the so-called economic experts are terest? You bet it is. Can you have an speak for a few minutes on the motion warning us that this debt we have independent regulator? Of course you that relates to the coming increases in today is unsustainable. But almost can’t under those circumstances. capital gains tax and dividend tax. every week in this body, the Democrats So Senator MENENDEZ and I have Very few Americans are aware and I are proposing programs that add to the filed a bill. As a matter of fact, we had think even some people in the Senate debt, that increase taxes—everything this back in 2008 when that inspector are not aware that in about 6 months, that is counter to improving our econ- general’s report came out. We could there is going to be a tax explosion in omy and adding to jobs and helping to not get anybody to pay any attention this country—taxes on everyone from build a brighter future in this country. to it back then. What is the result of the 10-percent bracket all the way up Even some of those who were strong lax regulation? It is exactly what has to major corporations. Taxes are going supporters of the stimulus bill have been visited upon us—this trauma so up at a time when we know raising come out publicly and said: We guessed many people in that region of the Gulf taxes will kill jobs in America. wrong. I am afraid we should not con- of Mexico are suffering. The Heritage Foundation estimates tinue to guess. As the administration goes about the that if we allow taxes to expire this One thing we know from history is— process of cleaning up the Minerals year, the current rate of taxes to ex- if we look back over several decades—

VerDate Mar 15 2010 02:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.031 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5301 when we lower capital gains and divi- Mr. REID. Mr. President, I suggest Ms. Kagan’s notes reveal that finding dends we improve the economy and we the absence of a quorum. ways to help Democrats over Repub- increase job creation in the economy. The ACTING PRESIDENT pro tem- licans was very much on her mind. Ac- It makes no sense for us to move pore. The clerk will call the roll. cording to one of her notes, she wrote: ahead, sending the signal to all of the The assistant bill clerk proceeded to ‘‘Free TV as balance to independent ex- investors in this country that we are call the roll. penditures? Clearly, on mind of Dems—need going to punish their investment at a Mr. MCCONNELL. Mr. President, I a way to balance this.’’ time when we need them to step up to ask unanimous consent that the order The ‘‘balance’’ Ms. Kagan is referring the plate. for the quorum call be rescinded. to was a way for Democrats to balance I hope my colleagues will consider The PRESIDING OFFICER (Mr. what they viewed as the Republicans’ this. What we are asking is that the MERKLEY). Without objection, it is so advantage in helping their candidates bill be sent back to the Finance Com- ordered. with independent expenditures. And mittee so they can work on ways to f ‘‘free TV,’’ well, that is a reference to keep capital gains and dividend taxes ELENA KAGAN AS POLITICAL Democrats wanting free television to the same rather than let them explode, OPERATIVE help them out in their campaigns. Pro- along with all of the other taxes that viding free TV would be a ‘‘significant are going to go up in the next 6 Mr. MCCONNELL. Mr. President, on benefit,’’ Ms. Kagan wrote. It was also months. Monday, the Senate will begin the con- something the Clinton administration I hope we will have a chance to vote firmation hearings on Supreme Court could bring about, she suggested, by on this bill. I understand the majority nominee Elena Kagan. And I think it is simply having the FCC issue a new reg- is trying to table this motion. I strong- safe to say most American do not know ulation, or by adding such a provision ly urge my colleagues to take up this all that much about her. to legislation the White House was matter, to send it back to the Finance But a fuller picture of this nominee helping to craft. Committee where they can figure out is beginning to emerge. But this was not the only way in how to make sure we do not kill more The recent release of documents re- which Ms. Kagan thought about stack- jobs in the economy like we have done lating to Ms. Kagan’s work in the Clin- ing the deck to help Democrats over with the other failed stimulus plan. ton White House reveals a woman who Republicans at the time. Another note I yield the floor and suggest the ab- was committed to advancing a political reveals her approach to the issue of sence of a quorum. agenda, a woman who was less con- soft money, the money political parties The ACTING PRESIDENT pro tem- cerned about objectively analyzing the used to spend outside of Federal elec- pore. The clerk will call the roll. law than the ways in which the law tions. Ms. Kagan’s notes show that she The assistant bill clerk proceeded to could be used to advance a political thought banning it would hurt Repub- call the roll. goal. licans and help Democrats. She even Mr. REID. I ask unanimous consent In other words, these memos and seemed to delight in the prospect of that the order for the quorum call be notes reveal a woman whose approach finding ways to disadvantage Repub- rescinded. to the law was as a political advocate, licans. Here is what she wrote in her The ACTING PRESIDENT pro tem- the very opposite of what the American notes: pore. Without objection, it is so or- people expect in a judge. ‘‘Soft [money] ban—affects Repubs, dered. This is the kind of thinking behind not Dems!’’ f the current Democratic effort to pass And if I had this quote up on a chart, the so-called DISCLOSE Act, a bill de- you would see that she punctuated this MORNING BUSINESS signed to respond to the Supreme sentence with an exclamation point. Mr. REID. Mr. President, we are Court’s decision in Citizens United that So let me repeat that quote one more working to complete work on the so- they think puts them at a political dis- time: called extenders bill. We thought we advantage in the fall. That is why the ‘‘Soft [money] ban—affects Repubs, would be ready to do the procedural bill was written by the chairman of not Dems’’—punctuated with an excla- votes to get to that a couple of hours their campaign committee. mation point. ago. But as things happen around here, And this is also the kind of thinking We already knew that Ms. Kagan and there has been changes requested by a that seems to have motivated the Clin- her office argued to the Supreme Court number of Senators. As a result of ton White House to seek a similar leg- at different points in the Citizens that, we are going to have to go back islative response the last time the Su- United case that the Federal Govern- to the Joint Committee on Taxation preme Court issued a decision in this ment had the power to ban political and get some more numbers. That is area that Democrats thought put them speech in videos, books and pamphlets probably going to take about an hour. at a political disadvantage. if it did not like the speaker. So we are not jammed for time, I ask I am referring here to the case of Col- Then we learned she went out of her unanimous consent that the Senate orado Republican Federal Campaign way to prevent lawyers at the Justice proceed to a period of morning business Committee v. FEC, a case in which the Department from officially noting until 4:30 p.m. today, and that during Supreme Court essentially said that their serious legal concerns with cam- that period of time Senators be allowed the Federal Government could not paign finance legislation in order to to speak for up to 10 minutes each. We limit political parties from spending help the Clinton administration are not going to divide the time Demo- money on campaign ads called ‘‘inde- achieve its political goals. crat and Republican. What we will do pendent expenditures’’ that said things Now we learn that she thought about is, if there is a Democrat who wants to like, ‘‘Vote against Smith,’’ or ‘‘Vote drafting such legislation in ways to talk, talk for 10 minutes. If there is a for Jones.’’ help Democrats and hurt Republicans. Republican here, then it would be their This was not an especially controver- And her advocacy and apparent glee at turn. sial decision, as evidenced by the fact identifying some political harm to Re- We will try to work this out by a gen- that it was written by Justice Breyer, publicans is, to my mind, another piece tlemen-and-ladies agreement to go one of the Court’s most prominent lib- of her record that calls into question back and forth, if in fact there are peo- erals. But the decision put Democrats her ability to impartially apply the law ple who want to talk, with 10-minute at a political disadvantage. So the to all who would come before her as a limitations alternating time, if in fact Clinton administration did the same Justice on our Nation’s highest Court. there are the Senators. If there are two thing then that the Obama administra- The more we learn about Ms. Kagan’s Republicans and no Democrat here, tion is trying to do today. They consid- work as a political adviser and polit- then the two Republicans and vice- ered proposals to lessen its impact and ical operative, the more questions arise versa. to benefit Democrats over Republicans. about her ability to make the nec- The ACTING PRESIDENT pro tem- And Elena Kagan worked to advance essary transition from politics to neu- pore. Without objection, it is so or- that goal as part of President Clinton’s tral arbiter. As Ms. Kagan herself once dered. campaign finance task force. noted, during her years in the Clinton

VerDate Mar 15 2010 02:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.033 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5302 CONGRESSIONAL RECORD — SENATE June 23, 2010 administration, she spent ‘‘most’’ of was signed into law. It was from the bill is simply not having that effect. In her time not serving ‘‘as an attorney’’ President’s own Chief Actuary at the fact, it is having the opposite effect. but as a policy adviser. And her notes Centers for Medicare and Medicaid The Associated Press released a ‘‘fact- and memoranda reveal that all too Services, CMS, a gentleman by the check’’ article last month that stated often her policy advice and actions name of Rick Foster. He released his point blank: The small business tax were based, first and foremost, on what report saying that President Obama’s credit included in the health care re- was good for Democrats. new health care reform law will actu- form falls short. This kind of thinking might be okay ally increase national health care The story interviews a gentleman by for a political adviser. But there is a spending by $311 billion over the next the name of Zach Hoffman. I know this place for politics and for advocating for 10 years. Foster’s report also said about story has been repeated on the Senate one’s party, and that place is not on 14 million people would lose their em- floor, but it is worth repeating. the Supreme Court. A political adviser ployer coverage by the year 2019, large- Mr. Hoffman is the owner of an Illi- may be expected to seek political ad- ly as a result of small employers termi- nois furniture company. He has 24 em- vantage, but judges have a different nating coverage and workers who cur- ployees. They earn an average of $35,000 task. rently have employer coverage enroll- a year—clearly, a very modest wage by We do not know how Elena Kagan ing in Medicaid. any standard. Yet the amount of the will apply the law because she has no Mr. Foster also reports that the $530 credit Mr. Hoffman calculated he judicial record, little experience as a billion in Medicare cuts may not be would receive under this new law as a private practitioner, and no significant what he calls ‘‘realistic and sustain- small business would be zero to him. writings for the last several years. So able,’’ potentially driving 15 percent of The AP article points out, the ‘‘fine the question before the Senate is all hospitals, nursing homes, and simi- print’’—which many small businesses whether, given Ms. Kagan’s back- lar providers into the red within 10 will not qualify for the credit—was left ground as a political adviser and aca- years. This would cause providers who out of the administration’s press re- demic, we believe she could impartially depend on Medicare for a substantial leases that touted the credit’s ‘‘broad apply the law to groups with which she part of their business to be forced to eligibility.’’ But you really just need to does not agree and for which she and drop out of the program, ‘‘possibly go back to the individuals who are the Obama administration might not jeopardizing access to care’’—those are being impacted by this or had hoped empathize. So far, I do not have that Mr. Foster’s words: ‘‘jeopardizing ac- they would be impacted positively. Go confidence. cess to care’’—for our senior citizens. back to the Illinois small business As the hearings progress, we will The situation in my home State of owner and look at his comment. He know better whether Ms. Kagan could Alaska is particularly dire. I have says: ‘‘administer justice without respect to stood on this floor and I have discussed It leaves you with this feeling of bait-and- persons,’’ as the judicial oath requires. and certainly spoke to the statistics. switch. I suggest the absence of a quorum. Back in March of 2009, the Institute for But thinking of how Mr. Hoffman The PRESIDING OFFICER. The Social and Economic Research at the could be eligible for the tax credit, he clerk will call the roll. University of Alaska reported that just learned that all he needed to do was to The assistant legislative clerk pro- 13—13—out of 75 primary care physi- cut his workforce to 10 employees and ceeded to call the roll. cians in Anchorage were accepting new cut their wages. To this, the small Ms. MURKOWSKI. I ask unanimous Medicare patients. Anchorage is our business owner says: This does not consent that the order for the quorum State’s largest community, and we had make sense. He says: call be rescinded. 13 out of 75 primary care physicians That seems like a strange outcome, given The PRESIDING OFFICER. Without who were accepting new Medicare pa- we’ve got 10 percent unemployment. objection, it is so ordered. tients. Just 15 months after this report I think we would all agree it is a Ms. MURKOWSKI. Mr. President, I was done by ISER, that number has strange outcome. An unacceptable out- understand we are in a period of morn- dropped to the single digits. come is what it is. ing business. Further cuts to Medicare will only This Illinois employer’s situation is The PRESIDING OFFICER. The Sen- worsen this situation for the most vul- no different than any other employer ator is correct. nerable Alaskans—our senior and dis- regardless of what State they are in. In f abled citizens. This is one of the main States such as Alaska and other par- reasons I simply could not support the ticularly high-cost localities—whether HEALTH CARE health care bill that came forward. The it is New York City, San Francisco— Ms. MURKOWSKI. Mr. President, I issue, as it relates to access for those where wages are higher because of the rise to speak about the health care de- who are Medicare eligible, has been a cost of living, the employers stand to bate that has gone on in the Congress crisis in our State that only continues lose because they will not be able to be throughout the past year. President to worsen. But there are some other eligible for these tax credits simply be- Obama promised that the Democrats’ reasons for my objections. cause they pay their employees higher health care bill would reduce the spi- In May—so last month—the neutral wages than are allowed for in the raling cost of health care. The promise government scorekeeper, the Congres- health care bill. was made that if one likes their health sional Budget Office, or CBO, revised Since enactment of the health care care plan, they can keep it. Not nec- its initial cost estimate of the bill to law, we have also heard from well-re- essarily every day but just about every say that the law will likely cost $115 spected health care consulting firms other day there is yet another report billion more in discretionary spending that have released information show- released that confirms what many of us over 10 years than the original projec- ing that businesses fear the law’s new who opposed a Federal takeover of the tion. So 2 months after the law was en- employer mandate penalties. Accord- health care system feared all along— acted, the American people learn from ing to a report, more than one in four higher costs, less access, and yet another new government report employers—about 26 percent—and unsustainable spending. The President that their Congress has passed a bill nearly two in five retailers may not be and this Democratically controlled that would increase their health care in compliance with provisions requir- Congress need to repeal this bill and costs and reduce their benefits. Again, ing coverage of all employees working put in place meaningful health care re- this was something Republicans over 30 hours per week. Of those, a ma- form measures that will allow individ- warned about over and over again dur- jority—54 percent—said they would uals to exercise more control over their ing the last year as we discussed health consider changing their business prac- health benefits and see their premiums care. tices ‘‘so that fewer employees work 30 actually go down instead of up. The small businesses in this country hours or more per week.’’ This would I wish to speak to some of the reports stand to lose the most under this be a devastating blow—a devastating that have been coming out. Let’s start health care bill. They were promised a blow—to an already ravaged economy. with a government report that came pipedream, filled with tax credits to We have another well-known con- out 4 weeks after the health care bill save small businesses money, but the sulting firm, Mercer. They released a

VerDate Mar 15 2010 02:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.007 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5303 survey of the impact of the new health ing available for the subsidies is simply The PRESIDING OFFICER. Without care law on employers just last month. not sufficient to cover the costs of all objection, it is so ordered. The survey shows there is near unani- applicants and then the additional cost Mr. KAUFMAN. Mr. President, I ask mous belief by employers that the new that is anticipated, an additional $5 unanimous consent to speak in morn- law will raise employees’ premiums. billion to $10 billion to cover all eligi- ing business. Only 3 percent of employers that re- ble enrollees. The PRESIDING OFFICER. Without sponded said they believed the legisla- With new government reports telling objection, it is so ordered. us this bill will not reduce the pre- tive changes would not cause their pre- f miums to rise. This does not dem- miums, and with employer groups onstrate very much faith in how this is looking at how they can minimize the TRIBUTE TO REGAN MURRAY going to benefit them. hits they are taking under this new Mr. KAUFMAN. Mr. President, I rise One-quarter of respondents believed law, we have put American businesses, today to recognize another of our Na- the bill would raise premiums by at particularly our small businesses, in tion’s great Federal employees. Ameri- peril of dropping employees to avoid least 3 percent over and above this cans continue to watch closely the ef- the $2,000-per-employee penalty, called year’s normal rise in costs due to med- forts in the Gulf of Mexico to clean up the employer mandate. We have put ical inflation. the worst oilspill in our Nation’s his- these small businesses in peril of re- Last week, there was a Pricewater- tory. That oilspill has been a reminder houseCoopers report that stated the ducing employee wages in order to qualify for small business credits. We to all of us just how important clean cost for businesses providing health water is for wildlife, businesses, and care coverage to employees will jump have passed a bill that hurts our small businesses during one of the worst eco- our food supply. by 9 percent next year, in 2011, which The Federal employee I have chosen analysts predict employers will shift nomic downturns in the history of our Nation. to honor today designed innovative more of the cost to workers next year. software to identify risks and solutions For the first time, most of the Amer- Last week, Investor’s Business Daily stated that small firms will be even to possible attacks against our Na- ican workforce is expected to have tion’s water supply. health insurance deductibles of $400 or more likely to lose existing plans. In fact—this is their statement—the Dr. Regan Murray is a native of Cin- more. cinnati, OH. She holds a bachelor’s de- Also, last week, the administration’s ‘‘midrange estimate is that 66% of gree from Kalamazoo College and a new regulations on grandfathered small employer plans and 45 percent of Ph.D. in applied mathematics from the health plans were released, outlining large employer plans will relinquish University of Arizona. After com- the various ways in which existing em- their grandfathered status by the end pleting her doctorate, she worked in ployer health plans will be forced to of 2013.’’ So in the worst-case scenario, 69 per- the private sector but soon realized she change under the new law. According cent of employers—again, 80 percent of wanted to make a difference by serving to the Obama administration report, smaller firms—would lose that status, her country. these regulations could result in nearly exposing them to far more provisions Then came the attacks of September 7 out of 10 workers—and 80 percent of under the new health care law. 11. Shortly after that tragic day, Regan workers at small businesses; so 80 per- Again, it makes you ask the ques- started working at the Environmental cent of the workers in our small busi- tion: Was this what the President envi- Protection Agency as a mathematical nesses—would see changes in their sioned in health care reform when he statistician. plans. said: ‘‘If you like what you have, you In other words, under the new health Looking back at her decision to pur- can keep it’’? I think this new law has sue public service, Regan said: care bill, more than half of those who failed—has clearly failed—to keep the get insurance through their jobs may I wanted to do more meaningful work that President’s promise to the people. directly impacted people’s lives. be forced to change their plans whether It was for these reasons I objected at they want to or not. Internal adminis- the time this bill was moving through Regan was instrumental in leading tration documents reveal that up to 51 the process. I have stood up and strong- the development team for new software percent of employers may have to re- ly supported the efforts of the State of that identifies security vulnerabilities linquish their current health care cov- Alaska and other States to strike the in our water supply and helps devise erage because of the health care bill— most egregious provisions of the law solutions to make it safer. One of these which takes me back again to the through a multistate lawsuit. Again, it programs, TEVA–SPOT, helps find the statement the President initially is why I voted to repeal the entire law best locations in water utility distribu- made: If you like your health care when we had that opportunity this past tion systems in which to install sen- plan, you can keep it. That simply is March. sors. Another, called CANARY, is a not what we are seeing. It is not trans- This law is not what the American real-time data analysis program to lating in the real world. people wanted, and it is not what our monitor the sensors and identify con- Then, of course, we have the CBO let- President promised. I believe the legis- taminants. ter that just came out. This is dated lation has to be repealed. It has to be Regan attributes her success to a June 21—just the day before yesterday. replaced with sensible alternatives strong background in mathematics. This letter comes from Mr. Elmendorf, that are widely supported. We know She has said: the Director of the Congressional what so many of those are: buying Math is the language of science, which is Budget Office, in responding to the across State lines; implementing med- perfect when leading an interdisciplinary ranking member on the HELP Com- ical malpractice reform; reimbursing group of researchers. mittee about the high-risk pools. That for quality of service, not quantity of I have spoken often on this floor letter confirms that an additional $5 service. This is what the people want- about the desirability of more of our billion to $10 billion would be needed to ed. This is what the American people students, especially women, to consider fully fund all eligible enrollees in the expected. Yet this is not what was de- careers in the fields of science, tech- high-risk pool expansion, and, further, livered. nology, engineering, and math, or that the new high-risk pool program, It is time to help our economy rather STEM. Regan is a wonderful example which was supposed to be providing than to kill it with this legislation of how someone who studies mathe- that was passed. health insurance coverage to Ameri- matics can make a real and important Mr. President, I yield the floor. cans—but to date the government has I suggest the absence of a quorum. difference. failed to provide any funding for these The PRESIDING OFFICER. The Her story, though, does not end with new high-risk programs and those with clerk will call the roll. her success in developing these soft- preexisting coverage have not been The assistant editor of the Daily Di- ware programs. Regan also worked able to enroll in these new high-risk gest proceeded to call the roll. hard to build and maintain important pools—but, again, coming from the Mr. KAUFMAN. Mr. President, I ask relationships with water utilities in Congressional Budget Office, with unanimous consent that the order for order to ensure that these programs these new estimates, in fact, the fund- the quorum call be rescinded. would be put to use.

VerDate Mar 15 2010 05:14 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.035 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5304 CONGRESSIONAL RECORD — SENATE June 23, 2010 Furthermore, despite her long hours malized relations with Syria, despite alliance. We have an interest in bal- of work for the agency, Regan co- its support for terrorist groups ance and respect for the countries in founded a nonprofit that focuses on im- Hezbollah and Hamas. the Middle East. So I hope we can con- proving the lives of children affected In fact, I was on a visit recently—last tinue a long-time, close relationship by HIV–AIDS and poverty in Africa. year—to Turkey with two other Sen- with this great country and long-time She visits Zambia annually and has ators. We joined the prime minister in friend. raised thousands of dollars to benefit his conference room. Upon sitting I close with a wish that in Turkey the schools there. down, he forcefully declared that they will take a second look at the Outstanding government employees ‘‘Hamas is not a terrorist organiza- policies they are currently condoning such as Dr. Regan Murray are making tion.’’ That is a deeply troubling state- and join with us in the fight against a difference each and every day. So ment from a member of NATO. terrorism. many of them also serve as volunteers Hamas has refused to accept the ex- I yield the floor and suggest the ab- in their communities and around the istence of Israel, a country of more sence of a quorum. world. than 7 million people, while declaring The PRESIDING OFFICER. The I hope my colleagues will join me in threats to destroy the country. It has clerk will call the roll. thanking Dr. Regan Murray and all unleashed more than 10,000 rockets on The assistant legislative clerk pro- those working at the Environmental Israeli neighborhoods and threatens to ceeded to call the roll. Protection Agency for their hard work send thousands more. Ms. STABENOW. Mr. President, I ask and dedicated service on behalf of the This group has sent suicide bombers unanimous consent that the order for American people. They are all truly into Israel, who have killed not only the quorum call be rescinded. great Federal employees. Israelis, but Americans also, including The PRESIDING OFFICER (Mr. Mr. President, I suggest the absence people from my State of New Jersey. FRANKEN). Without objection, it is so of a quorum. What puzzles me most of all is how ordered. The PRESIDING OFFICER. The Prime Minister Erdogan refuses to con- f demn Hamas for a terrorist organiza- clerk will call the roll. ASIAN CARP FOUND IN LAKE The assistant editor of the Daily Di- tion for engaging in the same mur- CALUMET gest proceeded to call the roll. derous activity as the PKK. It doesn’t Mr. LAUTENBERG. Mr. President, I add up. It challenges Turkey’s standing Ms. STABENOW. Mr. President, I ask unanimous consent that the order across the world. rise today with a very urgent and crit- for the quorum call be rescinded. The PKK is so dangerous to the ical situation from my home State and The PRESIDING OFFICER. Without Turkish people, their economy, and the home State of the Presiding Officer objection, it is so ordered. their national well-being for the very and for our Great Lakes in general. f same reasons that Hamas is dangerous We are just finding out today that a to Israel. commercial fisherman, contracted by TURKEY The prime minister’s alignment with the government to do routine sampling Mr. LAUTENBERG. Mr. President, the most radical forces in the Middle of areas leading into the Great Lakes this past weekend, 12 Turkish soldiers East is a serious concern for all of us. and Lake Michigan, caught a 34-inch, were killed by PKK terrorists. Yester- But the situation is not irreversible. 20-pound Asian carp in Lake Calumet, day, another four Turkish soldiers were I hope that Prime Minister Erdogan approximately 6 miles downstream killed, as well as the innocent daughter changes course, rejects his drift toward from Lake Michigan, past the barriers, of an officer, and according to the extremism, and embraces the moderate and on its way to Lake Michigan. This Turkish government, the PKK is re- forces within Turkey and across the is the first Asian carp found past the sponsible for this massacre as well. Middle East. If Turkey wants the electric barriers. It represents a very Our condolences go out to these fami- standing and respect that a balanced serious risk to the Great Lakes’ eco- lies and all the people of Turkey. Ter- democratic nation earns, it has to system and, frankly, to our way of life rorist assaults are unacceptable wher- treat all peaceful nations the same and in the Great Lakes region. These fish ever they occur in the world, and we all terrorists with disdain. are huge, and they are able to invade have to fight together against them. I was in Turkey some years ago when the Great Lakes. They could easily de- We are reminded of our common bond the PKK—primarily of Kurdish popu- stroy our $7 billion fishing industry with Turkey, and our common fight lation—was thought to be a concern, and our $16 billion recreational boating against terrorists and terror wherever but not particularly active in the ter- industry. Invasive species in the Great we see it. Turkey has been an impor- rorism that I saw, anyway, in my visit Lakes have already contributed to sig- tant ally, a democracy in a troubled re- there. But we saw them then putting nificant declines in fish populations. gion and a force for stability. people in prison because they differed The Asian carp could completely un- We must keep in mind that Turkey in opinion with the government. I wind the food chain, with devastating has been a member of NATO since 1952. thought that was a sign of censorship effects for our existing fish popu- They established a strategic and mili- that didn’t fit the picture, but they lations. We heard in testimony before tary alliance with Israel in the 1990s, knew that in the Kurdish community, my Subcommittee on Water and Power and now have boots on the ground in there was a lot of resistance to what that these fish, which can get up to 90 Afghanistan helping us there. the Turkish Government was doing. or 100 pounds, effectively have no stom- For many years, the bond between Now we see that Turkey has 30,000 ach. They eat all the time. They eat up the United States and Turkey has been troops chasing the PKK on the border everything in the food chain, leaving strong and unchallengeable. Despite near Iraq. So it is hard to understand other fish to die throughout the Great this progress, Turkey’s current prime how a nation that has the power that Lakes. It is extremely serious. minister is jeopardizing and risking Turkey could have in the Middle East— We have been working on this issue much of what his country and the and in the world generally—is falling for a number of years with electric Turkish people have accomplished over prey to identifying one group as friend- fencing and most recently poisoning a recent decades. Moving Turkey away ly and another group—or one group as part of the waters in the Chicago chan- from the middle and toward a dan- terrorists in one place and a good- nels to determine whether there are gerous extremist path cannot possibly meaning organization in another. any of these Asian carp that have come be a good course of action for that Hamas is a terrorist organization, and up the Mississippi River and into the country. everybody knows it. They have over- Illinois River. At the time, they didn’t Prime Minister Erdogan used his taken the Gaza, and they control all find anything. Unfortunately, today vote on the U.N. Security Council to the flow of everything there—arms, et they did, and it was well past the elec- oppose sanctions on Iran. He calls Ira- cetera—and maintain an arsenal with tric barriers and fences for the first nian President Ahmadinejad a friend, which to attack Israel. time. while turning away from those in Iran We have to let Turkey know this is Let me share with you one story who would promote peace. He has nor- not a good way for us to continue an from a few years ago that reflects what

VerDate Mar 15 2010 02:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.037 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5305 happens if these huge fish get into our Mr. President, I yield the floor, and I are involved in morning business it precious Great Lakes. In 2003, a woman suggest the absence of a quorum. would be for debate only. named Mary Poplett, from Peoria, IL, The PRESIDING OFFICER. The The PRESIDING OFFICER. Without decided to enjoy some warm October clerk will call the roll. objection, it is so ordered. weather with a little jet skiing on the The assistant legislative clerk pro- Mr. REID. Mr. President, I suggest Illinois River. As she cruised the ceeded to call the roll. the absence of a quorum. waves, the sound of her ski’s motor ex- Mr. WICKER. Mr. President, I ask The PRESIDING OFFICER. The cited a 30-pound Asian carp swimming unanimous consent the order for the clerk will call the roll. under the water, which then leapt up quorum call be rescinded. The assistant bill clerk proceeded to and crashed into her. Imagine being hit The PRESIDING OFFICER. Without call the roll. in the face by a bowling ball. That is objection, it is so ordered. Mr. REID. Mr. President, I ask unan- imous consent that the order for the how she referred to it. She was f knocked unconscious. She broke her quorum call be rescinded. nose, fractured a vertebrae, and she CONGRATULATING THE SUMRALL The PRESIDING OFFICER. Without would have drowned if other boaters in BASEBALL TEAM objection, it is so ordered. the area had not gotten to her in time. Mr. WICKER. Mr. President, I rise Mr. REID. I ask for the regular order. Imagine that. Imagine that happening today to inform the Senate of the ac- f over and over again in Lake Michigan, complishments of Mississippi’s Sumrall CONCLUSION OF MORNING in Lake Superior, and around our High School varsity baseball team. BUSINESS Great Lakes. I can’t imagine it. I don’t Earlier this year, the Bobcats set a The PRESIDING OFFICER. Morning want to imagine it. Mississippi record by winning 67 con- business is closed. Mary is not alone. Since Asian carp secutive games and winning their third were introduced to control algae in straight State championship, an im- f catfish ponds down South in the 1970s, pressive achievement worthy of rec- AMERICAN JOBS AND CLOSING the carp have spread at a very rapid ognition. TAX LOOPHOLES ACT OF 2010 pace, causing injuries, destroying eco- The team fell just eight wins shy of systems, and threatening entire indus- The PRESIDING OFFICER. The breaking the national record for con- clerk will report the pending business. tries. Now that an Asian carp has been secutive wins and secured their spot as found so close to Lake Michigan, it The bill clerk read as follows: the team with the Nation’s fourth Motion to concur in the House amendment better be a huge wake-up call that we longest winning streak. Some teams have to act swiftly to contain this to the Senate amendment with an amend- might have been discouraged after a ment to H.R. 4213, an act to amend the Inter- threat. loss ended such an impressive streak, nal Revenue Code of 1986, to extend certain Despite everyone’s best efforts, this expiring provisions, and for other purposes. situation we find ourselves in is calling but the Bobcats regrouped and went on Pending: for very decisive action. I have intro- to win their final 11 games and their duced legislation to close the locks third consecutive Class 3–A State Baucus motion to concur in the amend- Championship. The Bobcats’ state title ment of the House to the amendment of the until we have a permanent solution. Senate to the bill, with Baucus amendment This has also been introduced in the and 36–1 record earned them the top spot in USA Today’s national high No. 4369 (to the amendment of the House to House by my colleague, Congressman the amendment of the Senate to the bill), in CAMP, and others, and I today urge in school baseball rankings. the nature of a substitute. the strongest possible terms that the Sumrall High’s baseball staff consists Coburn amendment No. 4331 (to amend- Army Corps close the locks between of Head Coach Larry Knight and As- ment No. 4369), to pay for the cost of this act the rivers and Lake Michigan now— sistant Coaches Steve Cooley, Andy by reducing wasteful, inefficient, excessive, Davis, Richard Broom, and Matt Thom- and duplicative government spending. now, today—while they continue to de- Casey/Brown (OH) amendment No. 4371 (to termine the best way to permanently as. The team members and coaching staff have demonstrated outstanding amendment No. 4369), to provide for the ex- separate the Chicago area waterway tension of premium assistance for COBRA system from the Great Lakes. teamwork, discipline, and sportsman- benefits. We know we need additional moni- ship. I congratulate the Sumrall High LeMieux amendment No. 4300 (to amend- toring and sampling of resources ap- School baseball team and wish them ment No. 4369), to establish an expedited pro- plied to the area. I appreciate that last continued success both on and off the cedure for consideration of a bill returning December, when there was fish DNA field. spending levels to 2007 levels. DeMint motion to refer the House message found above the locks, the administra- I suggest the absence of a quorum. The PRESIDING OFFICER. The to accompany H.R. 4213, to the Committee tion worked with us very quickly to re- on Finance with instructions. clerk will call the roll. direct resources to the Army Corps to MOTION TO REFER The assistant bill clerk proceeded to take some immediate actions at that Mr. REID. Is the pending matter the call the roll. time. But now it is not just DNA from DeMint motion? Mr. REID. Mr. President, I ask unan- a dead fish. Now it is a live fish, and it The PRESIDING OFFICER (Mr. WAR- imous consent that the order for the is beyond the electric barrier. It is on NER). It is the motion to refer. its way in open waters into our Great quorum call be rescinded. Mr. REID. I move to table that mo- Lakes, and we have to act decisively The PRESIDING OFFICER. Without tion and ask for the yeas and nays. and immediately to protect our waters objection, it is so ordered. The PRESIDING OFFICER. Is there a while a long-term solution is found. f sufficient second? Again, I urge the Army Corps of En- EXTENSION OF MORNING There appears to be a sufficient sec- gineers and the other agencies involved BUSINESS ond. to take this finding very seriously and The question is on agreeing to the to act with the same tremendous ur- Mr. REID. Mr. President, we are still motion to table. gency that all of us who represent working on this extenders bill. We The clerk will call the roll. Great Lakes States feel to prevent fur- thought we had it all worked out. The bill clerk called the roll. ther encroachment by these Asian carp There was one of the Senators who Mr. DURBIN. I announce that the into our Great Lakes. This isn’t just wanted some more changes. Each time Senator from West Virginia (Mr. BYRD) the economy, it is not just boating, and we do that, we have to rescore the bill. and the Senator from West Virginia it is not just fishing; it really is our It takes time. We are in the process of (Mr. ROCKEFELLER) are necessarily ab- way of life in the Great Lakes. Despite doing that right now. So I apologize to sent. efforts that have gone on for years to everyone for not having these votes. Mr. KYL. The following Senator is stop the fish, that hasn’t happened, and I ask unanimous consent now that necessarily absent: the Senator from now we have to take very decisive ac- the Senate be in a period of morning Kansas (Mr. ROBERTS). tion to close the locks immediately so business until 6 o’clock tonight, with The PRESIDING OFFICER. Are there we can determine how best, in the long Senators allowed to speak for up to 10 any other Senators in the Chamber de- term, to solve this problem. minutes each; that during this time we siring to vote?

VerDate Mar 15 2010 02:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.039 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5306 CONGRESSIONAL RECORD — SENATE June 23, 2010 The result was announced—yeas 57, The PRESIDING OFFICER. Is there a A bill (H.R. 725) to protect Indian arts and nays 40, as follows: sufficient second? There is a sufficient crafts through the improvement of applica- ble criminal proceedings, and for other pur- [Rollcall Vote No. 197 Leg.] second. poses. YEAS—57 The question is on agreeing to the There being no objection, the Senate Akaka Franken Mikulski motion. The clerk will call the roll. Baucus Gillibrand Murray The legislative clerk called the roll. proceeded to consider the bill. Bayh Hagan Nelson (FL) Mr. DURBIN. I announce that the Mr. DURBIN. Mr. President, I ask Begich Harkin Pryor Senator from West Virginia (Mr. unanimous consent that the Dorgan Bennet Inouye Reed amendment, which is at the desk, be Bingaman Johnson Reid BYRD), the Senator from North Dakota Boxer Kaufman Sanders (Mr. DORGAN), and the Senator from agreed to; the bill, as amended, be read Brown (OH) Kerry Schumer West Virginia (Mr. ROCKEFELLER) are a third time and passed; the motion to Burris Klobuchar Shaheen necessarily absent. reconsider be laid upon the table, with Cantwell Kohl Specter Cardin Landrieu Stabenow Mr. KYL. The following Senator is no intervening action or debate; and Carper Lautenberg Tester necessarily absent: the Senator from that any statements relating to the Casey Leahy Udall (CO) Kansas (Mr. ROBERTS). measure be printed in the RECORD. Conrad Levin Udall (NM) The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without Dodd Lieberman Voinovich Dorgan Lincoln Warner any other Senators in the Chamber de- objection, it is so ordered. Durbin McCaskill Webb siring to vote? The amendment (No. 4391) was agreed Feingold Menendez Whitehouse The result was announced—yeas 56, to. Feinstein Merkley Wyden nays 40, as follows: (The amendment is printed in today’s NAYS—40 [Rollcall Vote No. 198 Leg.] RECORD under ‘‘Text of Amendments.’’) Alexander Crapo Lugar YEAS—56 The amendment was ordered to be Barrasso DeMint McCain engrossed and the bill to be read a Akaka Gillibrand Murray Bennett Ensign McConnell Baucus Hagan Nelson (NE) third time. Bond Enzi Murkowski Bayh Harkin Nelson (FL) The bill (H.R. 725), as amended, was Brown (MA) Graham Nelson (NE) Begich Inouye Pryor Brownback Grassley Risch read the third time and passed. Bennet Johnson Reed Bunning Gregg Sessions Bingaman Kaufman Reid f Burr Hatch Shelby Chambliss Hutchison Boxer Kerry Sanders Snowe IMPROPER PAYMENTS ELIMI- Coburn Inhofe Brown (OH) Klobuchar Schumer Thune Burris Kohl NATION AND RECOVERY ACT OF Cochran Isakson Shaheen Vitter Cantwell Landrieu Collins Johanns Specter 2009 Wicker Cardin Lautenberg Corker Kyl Stabenow Mr. DURBIN. Mr. President, I ask Cornyn LeMieux Carper Leahy Casey Levin Tester unanimous consent that the Senate Udall (CO) NOT VOTING—3 Conrad Lieberman proceed to the consideration of Cal- Dodd Lincoln Udall (NM) Byrd Roberts Rockefeller Durbin McCaskill Warner endar No. 430, S. 1508. The motion was agreed to. Feingold Menendez Webb The PRESIDING OFFICER. The The PRESIDING OFFICER. The ma- Feinstein Merkley Whitehouse clerk will report the bill by title. Franken Mikulski Wyden jority leader. The assistant legislative clerk read Mr. REID. Mr. President, for the ben- NAYS—40 as follows: efit of all Members, we are trying to Alexander Crapo Lugar A bill (S. 1508) to amend the Improper Pay- work through having an amendment Barrasso DeMint McCain ments Information Act of 2002 (31 U.S.C. 3321 Bennett Ensign McConnell note) in order to prevent the loss of billions Senator BAUCUS will offer when we dis- Bond Enzi Murkowski in taxpayer dollars. pose of the present amendment. Brown (MA) Graham Risch I have had one Senator come to me Brownback Grassley Sessions There being no objection, the Senate and ask: Once we get on the next Bau- Bunning Gregg Shelby proceeded to consider the bill, which Burr Hatch Snowe cus amendment, what are we going to Chambliss Hutchison had been reported from the Committee Thune Coburn Inhofe on Homeland Security and Govern- do? I will be happy to confer with the Vitter Cochran Isakson Republican leader and see if there is a Voinovich mental Affairs, with an amendment, as Collins Johanns way of moving forward. We have been Corker Kyl Wicker follows: on this matter for a long time—not on Cornyn LeMieux S. 1508 a contiguous basis, but this is the be- NOT VOTING—4 Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ginning of the end of the eighth week Byrd Roberts on this piece of legislation. But we Dorgan Rockefeller Congress assembled, have no desire at this time to have an SECTION 1. SHORT TITLE. The motion to table was agreed to. outline of how we are going to get This Act may be cited as the ‘‘Improper The PRESIDING OFFICER. The Sen- Payments Elimination and Recovery Act of where we are going to. ator from Illinois. I will be happy to visit with the Re- 2009’’. publican leader because one of his Sen- f SEC. 2. IMPROPER PAYMENTS ELIMINATION AND RECOVERY. MORNING BUSINESS ators asked me what we were going to (a) SUSCEPTIBLE PROGRAMS AND ACTIVI- do once we get on the Baucus amend- Mr. DURBIN. Mr. President, I ask TIES.—Section 2 of the Improper Payments ment. The plan would be to complete unanimous consent that the Senate Information Act of 2002 (31 U.S.C. 3321 note) tabling the Baucus amendment, and proceed to a period of morning business is amended by striking subsection (a) and in- then the plan would be to recess sub- and that Senators be recognized for up serting the following: ‘‘(a) IDENTIFICATION OF SUSCEPTIBLE PRO- ject to the call of the Chair. At that to 10 minutes each. GRAMS AND ACTIVITIES.— time, Senator BAUCUS would lay down The PRESIDING OFFICER. Without the amendment. It is not ready. That is ‘‘(1) IN GENERAL.—The head of each agency objection, it is so ordered. shall, in accordance with guidance pre- why we are not doing it now. And then f scribed by the Director of the Office of Man- we could decide at that time, or maybe agement and Budget, periodically review all even in the morning, how we are going INDIAN ARTS AND CRAFTS programs and activities that the relevant to proceed. I think that gives everyone AMENDMENTS ACT OF 2010 agency head administers and identify all a general idea. There will be no more Mr. DURBIN. Mr. President, I ask programs and activities that may be suscep- votes tonight after we have this one unanimous consent that the Senate tible to significant improper payments. vote. proceed to the immediate consider- ‘‘(2) FREQUENCY.—Reviews under paragraph Mr. President, I move to table the (1) shall be performed for each program and ation of Calendar No. 339, H.R. 725. activity that the relevant agency head ad- Baucus motion to concur in the House The PRESIDING OFFICER. The ministers during the year after which the amendment to the Senate amendment clerk will report the bill by title. Improper Payments Elimination and Recov- with amendment No. 4369, and I ask for The assistant legislative clerk read ery Act of 2009 is enacted and at least once the yeas and nays. as follows: every 3 fiscal years thereafter.

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‘‘(3) RISK ASSESSMENTS.— to reduce improper payments would cost ‘‘(B) the Committee on Oversight and Gov- ‘‘(A) DEFINITION.—In this subsection the more than the amount such expenditures ernment Reform of the House of Representa- term ‘significant’ means— would save in prevented or recovered im- tives; and ‘‘(i) except as provided under clause (ii), proper payments, a statement of whether the ‘‘(C) the Comptroller General. that improper payments in the program or agency has what is needed with respect to— ‘‘(2) CONTENTS.—Each report under this activity in the preceding fiscal year may ‘‘(A) internal controls; subsection shall include— have exceeded— ‘‘(B) human capital; and ‘‘(A) a summary of the reports of each ‘‘(I) $10,000,000 of all program or activity ‘‘(C) information systems and other infra- agency on improper payments and recovery payments made during that fiscal year re- structure; actions submitted under this section; ported and 2.5 percent of program outlays; or ‘‘(3) if the agency does not have sufficient ‘‘(B) an identification of the compliance ‘‘(II) $100,000,000; and resources to establish and maintain effective status of each agency to which this Act ap- ‘‘(ii) with respect to fiscal years following internal controls under paragraph (2)(A), a plies; September 30th of a fiscal year beginning be- description of the resources the agency has ‘‘(C) governmentwide improper payment fore fiscal year 2013 as determined by the Of- requested in its budget submission to estab- reduction targets; and fice of Management and Budget, that im- lish and maintain such internal controls; ‘‘(D) a discussion of progress made towards proper payments in the program or activity ‘‘(4) program-specific and activity-specific meeting governmentwide improper payment in the preceding fiscal year may have ex- improper payments reduction targets that reduction targets.’’. ceeded— have been approved by the Director of the (e) DEFINITIONS.—Section 2 of the Improper ‘‘(I) $10,000,000 of all program or activity Office of Management and Budget; and Payment Information Act of 2002 (31 U.S.C. payments made during that fiscal year re- ‘‘(5) a description of the steps the agency 3321 note) is amended by striking subsections ported and 1.5 percent of program outlays; or has taken to ensure that agency managers, (f) (as redesignated by this section) and in- ‘‘(II) $100,000,000. programs, and, where appropriate, States serting the following: ‘‘(B) SCOPE.—In conducting the reviews and localities are held accountable through ‘‘(f) DEFINITIONS.—In this section: under paragraph (1), the head of each agency annual performance appraisal criteria for— ‘‘(1) AGENCY.—The term ‘agency’ means an shall take into account those risk factors ‘‘(A) meeting applicable improper pay- executive agency, as that term is defined in that are likely to contribute to a suscepti- ments reduction targets; and section 102 of title 31, United States Code. bility to significant improper payments, ‘‘(B) establishing and maintaining suffi- ‘‘(2) IMPROPER PAYMENT.—The term ‘im- such as— cient internal controls, including an appro- proper payment’— ‘‘(i) whether the program or activity re- priate control environment, that effec- ‘‘(A) means any payment that should not viewed is new to the agency; tively— have been made or that was made in an in- ‘‘(ii) the complexity of the program or ac- ‘‘(i) prevent improper payments from being correct amount (including overpayments and tivity reviewed; made; and underpayments) under statutory, contrac- ‘‘(iii) the volume of payments made ‘‘(ii) promptly detect and recover improper tual, administrative, or other legally appli- through the program or activity reviewed; payments that are made.’’. cable requirements; and ‘‘(iv) whether payments or payment eligi- (d) REPORTS ON ACTIONS TO RECOVER IM- ‘‘(B) includes any payment to an ineligible bility decisions are made outside of the PROPER PAYMENTS.—Section 2 of the Im- recipient, any payment for an ineligible good agency, such as by a State or local govern- proper Payments Information Act of 2002 (31 or service, any duplicate payment, any pay- ment; U.S.C. 3321 note) is amended— ment for a good or service not received (ex- ‘‘(v) recent major changes in program fund- (1) by striking subsection (e); cept for such payments where authorized by ing, authorities, practices, or procedures; (2) by redesignating subsections (d) and (f) law), and any payment that does not account ‘‘(vi) the level and quality of training for as subsections (f) and (g), respectively; and for credit for applicable discounts. (3) by inserting after subsection (c) the fol- personnel responsible for making program ‘‘(3) PAYMENT.—The term ‘payment’ means eligibility determinations or certifying that lowing: any transfer or commitment for future ‘‘(d) REPORTS ON ACTIONS TO RECOVER IM- payments are accurate; and transfer of Federal funds such as cash, secu- PROPER PAYMENTS.—With respect to any im- ‘‘(vii) significant deficiencies in the audit rities, loans, loan guarantees, and insurance proper payments identified in recovery au- report of the agency or other relevant man- subsidies to any non-Federal person or enti- dits conducted under section 2(h) of the Im- agement findings that might hinder accurate proper Payments Elimination and Recovery ty, that is made by a Federal agency, a Fed- payment certification.’’. Act of 2009 (31 U.S.C. 3321 note), the head of eral contractor, a Federal grantee, or a gov- (b) ESTIMATION OF IMPROPER PAYMENTS.— ernmental or other organization admin- Section 2 of the Improper Payments Infor- the agency shall provide with the estimate under subsection (b) a report on all actions istering a Federal program or activity. mation Act of 2002 (31 U.S.C. 3321 note) is ‘‘(4) PAYMENT FOR AN INELIGIBLE GOOD OR amended by striking subsection (b) and in- the agency is taking to recover improper payments, including— SERVICE.—The term ‘payment for an ineli- serting the following: gible good or service’ shall include a pay- ‘‘(b) ESTIMATION OF IMPROPER PAYMENTS.— ‘‘(1) a discussion of the methods used by the agency to recover overpayments; ment for any good or service that is rejected With respect to each program and activity under any provision of any contract, grant, identified under subsection (a), the head of ‘‘(2) the amounts recovered, outstanding, lease, cooperative agreement, or any other the relevant agency shall— and determined to not be collectable, includ- procurement mechanism.’’. ‘‘(1) produce a statistically valid or other- ing the percent such amounts represent of (f) GUIDANCE BY THE OFFICE OF MANAGE- wise appropriate estimate of the improper the total overpayments of the agency; MENT AND BUDGET.—Section 2 of the Im- payments made by each program and activ- ‘‘(3) if a determination has been made that proper Payments Information Act of 2002 (31 ity; and certain overpayments are not collectable, a U.S.C. 3321 note) is amended by striking sub- ‘‘(2) include those estimates in the accom- justification for that determination; section (g) (as redesignated by this section) panying materials to the annual financial ‘‘(4) an aging schedule of the amounts out- and inserting the following: statement of the agency required under sec- standing; tion 3515 of title 31, United States Code, or ‘‘(5) a summary of how recovered amounts ‘‘(g) GUIDANCE BY THE OFFICE OF MANAGE- similar provision of law and applicable guid- have been disposed of; MENT AND BUDGET.— ance of the Office of Management and Budg- ‘‘(6) a discussion of any conditions giving ‘‘(1) IN GENERAL.—Not later than 6 months et.’’. rise to improper payments and how those after the date of enactment of the Improper (c) REPORTS ON ACTIONS TO REDUCE IM- conditions are being resolved; and Payments Elimination and Recovery Act of PROPER PAYMENTS.—Section 2 of the Im- ‘‘(7) if the agency has determined under 2009, the Director of the Office of Manage- proper Payments Information Act of 2002 (31 section 2(h) of the Improper Payments ment and Budget shall prescribe guidance for U.S.C. 3321 note) is amended by striking sub- Elimination and Recovery Act of 2009 (31 agencies to implement the requirements of section (c) and inserting the following: U.S.C. 3321 note) that performing recovery this section. The guidance shall not include ‘‘(c) REPORTS ON ACTIONS TO REDUCE IM- audits for any applicable program or activity any exemptions to such requirements not PROPER PAYMENTS.—With respect to any pro- is not cost effective, a justification for that specifically authorized by this section. gram or activity of an agency with esti- determination. ‘‘(2) CONTENTS.—The guidance under para- mated improper payments under subsection ‘‘(e) GOVERNMENTWIDE REPORTING OF IM- graph (1) shall prescribe— (b), the head of the agency shall provide with PROPER PAYMENTS AND ACTIONS TO RECOVER ‘‘(A) the form of the reports on actions to the estimate under subsection (b) a report on IMPROPER PAYMENTS.— reduce improper payments, recovery actions, what actions the agency is taking to reduce ‘‘(1) REPORT.—Each fiscal year the Director and governmentwide reporting; and improper payments, including— of the Office of Management and Budget ‘‘(B) strategies for addressing risks and es- ‘‘(1) a description of the causes of the im- shall submit a report with respect to the pre- tablishing appropriate prepayment and proper payments, actions planned or taken ceding fiscal year on actions agencies have postpayment internal controls.’’. to correct those causes, and the planned or taken to report information regarding im- (g) DETERMINATION OF AGENCY READINESS actual completion date of the actions taken proper payments and actions to recover im- FOR OPINION ON INTERNAL CONTROL.—Not to address those causes; proper payments to— later than 1 year after the date of enactment ‘‘(2) in order to reduce improper payments ‘‘(A) the Committee on Homeland Security of this Act, the Director of the Office of Man- to a level below which further expenditures and Governmental Affairs of the Senate; agement and Budget shall develop—

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(1) specific criteria as to when an agency (B) USE FOR FINANCIAL MANAGEMENT IM- (i) TABLE OF SECTIONS.—The table of sec- should initially be required to obtain an PROVEMENT PROGRAM.—Not more than 25 per- tions for chapter 35 of title 31, United States opinion on internal control over financial re- cent of the amounts collected by an agency Code, is amended by striking the matter re- porting; and through recovery audits— lating to subchapter VI. (2) criteria for an agency that has dem- (i) shall be available, subject to appropria- (ii) DEFINITION.—Section 3501 of title 31, onstrated a stabilized, effective system of in- tion, to the head of the agency or the State United States Code, is amended by striking ternal control over financial reporting, or local government administering the pro- ‘‘and subchapter VI of this title’’. whereby the agency would qualify for a gram or activity to carry out the financial (iii) HOMELAND SECURITY GRANTS.—Section multiyear cycle for obtaining an audit opin- management improvement program of the 2022(a)(6) of the Homeland Security Act of ion on internal control over financial report- agency under paragraph (4); 2002 (6 U.S.C. 612(a)(6)) is amended by strik- ing, rather than an annual cycle. (ii) may be credited, if applicable, for that ing ‘‘(as that term is defined by the Director (h) RECOVERY AUDITS.— purpose by the head of an agency to any of the Office of Management and Budget (1) DEFINITION.—In this subsection, the agency appropriations and funds that are under section 3561 of title 31, United States term ‘‘agency’’ has the meaning given under available for obligation at the time of collec- Code)’’ and inserting ‘‘under section 2(h) of section 2(f) of the Improper Payments Infor- tion; and the Improper Payments Elimination and Re- mation Act of 2002 (31 U.S.C. 3321 note) as re- (iii) shall be used to supplement and not covery Act of 2009 (31 U.S.C. 3321 note)’’. designated by this Act. supplant any other amounts available for (6) RULE OF CONSTRUCTION.—Except as pro- (2) IN GENERAL.— that purpose and shall remain available until vided under paragraph (5), nothing in this (A) CONDUCT OF AUDITS.—Except as pro- expended. section shall be construed as terminating or vided under paragraph (4) and if not prohib- in any way limiting authorities that are oth- ited under any other provision of law, the (C) USE FOR ORIGINAL PURPOSE.—Not more than 25 percent of the amounts collected by erwise available to agencies under existing head of each agency shall conduct recovery provisions of law to recover improper pay- audits with respect to each program and ac- an agency— ø ments and use recovered amounts. tivity of the agency that expends $1,000,000 or (i) shall be credited to the appropriation (i) REPORT ON RECOVERY AUDITING.—Not more annually if conducting such audits or fund, if any, available for obligation at the time of collection¿ shall be deposited and later than 2 years after the date of the enact- would be cost-effective. ment of this Act, the Chief Financial Offi- (B) PROCEDURES.—In conducting recovery available subject to appropriation for the same general purposes as the appropriation or cers Council established under section 302 of audits under this subsection, the head of an the Chief Financial Officers Act of 1990 (31 agency— fund from which the overpayment was made; U.S.C. 901 note), in consultation with the (i) shall give priority to the most recent and Council of Inspectors General on Integrity payments and to payments made in any pro- (ii) shall remain available for the same pe- and Efficiency established under section 7 of gram or programs identified as susceptible riod and purposes as the appropriation or the Inspector General Reform Act of 2009 to significant improper payments under sec- fund to which credited. (Public Law 110–409) and recovery audit ex- tion 2(a) of the Improper Payments Informa- (D) USE FOR INSPECTOR GENERAL ACTIVI- perts, shall conduct a study of— tion Act of 2002 (31 U.S.C. 3321 note); TIES.—Not more than 5 percent of the (1) the implementation of subsection (h); (ii) shall implement this subsection in a amounts collected by an agency shall be (2) the costs and benefits of agency recov- manner designed to ensure the greatest fi- available, subject to appropriation, to the In- ery audit activities, including those under nancial benefit to the Government; and spector General of that agency for— (iii) may conduct recovery audits directly, (i) the Inspector General to carry out this subsection (h), and including the effective- by procuring performance of recovery audits Act; or ness of using the services of— by contract (subject to the availability of ap- (ii) any other activities of the Inspector (A) private contractors; propriations), or by any combination there- General relating to investigating improper (B) agency employees; of. payments or auditing internal controls asso- (C) cross-servicing from other agencies; or (D) any combination of the provision of (C) RECOVERY AUDIT CONTRACTS.—With re- ciated with payments. spect to recovery audits procured by an (E) DEPOSIT OF PROCEEDS.—Funds made services described under subparagraphs (A) agency by contract— available under subparagraphs (B) and (D) by through (C); and (i) subject to subparagraph (B)(iii), the appropriations shall be— (3) submit a report on the results of the head of the agency may authorize the con- (i) deposited into the appropriate program study to— tractor to notify entities (including persons) integrity accounts of the agency or the State (A) the Committee on Homeland Security of potential overpayments made to such en- or local government administering the pro- and Governmental Affairs of the Senate; tities, respond to questions concerning po- gram or activity; and (B) the Committee on Oversight and Gov- tential overpayments, and take other admin- (ii) expended only as authorized in annual ernment Reform of the House of Representa- istrative actions with respect to overpay- appropriations Acts. tives; and ment claims made or to be made by the (F) REMAINDER.—Amounts collected that (C) the Comptroller General. agency; and are not applied in accordance with subpara- SEC. 3. COMPLIANCE. (ii) such contractor shall have no author- graphs (B), (C), or (D) or to meet obligations (a) DEFINITIONS.—In this section: ity to make final determinations relating to to recovery audit contractors shall be depos- (1) AGENCY.—The term ‘‘agency’’ has the whether any overpayment occurred and ited in the Treasury as miscellaneous re- meaning given under section 2(f) of the Im- whether to compromise, settle, or terminate ceipts. proper Payments Information Act of 2002 (31 overpayment claims. (G) EXCEPTIONS RELATING TO ENTITLEMENT U.S.C. 3321 note) as redesignated by this Act. (D) CONTRACT TERMS AND CONDITIONS.—The AND TAX CREDIT PROGRAMS.—This paragraph (2) ANNUAL FINANCIAL STATEMENT.—The agency shall include in each contract for shall not apply to amounts collected through term ‘‘annual financial statement’’ means procurement of performance of a recovery recovery audits conducted under this sub- the annual financial statement required audit a requirement that the contractor section relating to— under section 3515 of title 31, United States shall— (i) entitlement programs under section 3(9) Code, or similar provision of law. (i) provide to the agency periodic reports of the Congressional Budget and Impound- (3) COMPLIANCE.—The term ‘‘compliance’’ on conditions giving rise to overpayments ment Control Act of 1974 (2 U.S.C. 622(9)); or means that the agency— identified by the contractor and any rec- (ii) tax credit programs under the Internal (A) has published an annual financial ommendations on how to mitigate such con- Revenue Code of 1986. statement for the most recent fiscal year ditions; and (4) FINANCIAL MANAGEMENT IMPROVEMENT and posted that report and any accom- (ii) notify the agency of any overpayments PROGRAM.— panying materials required under guidance identified by the contractor pertaining to (A) REQUIREMENT.—The head of each agen- of the Office of Management and Budget on the agency or to any other agency or agen- cy shall conduct a financial management im- the agency website; cies that are beyond the scope of the con- provement program, consistent with rules (B) if required, has conducted a program tract. prescribed by the Director of the Office of specific risk assessment for each program or (E) AGENCY ACTION FOLLOWING NOTIFICA- Management and Budget. activity that conforms with section 2(a) the TION.—An agency shall take prompt and ap- (B) PROGRAM FEATURES.—In conducting the Improper Payments Information Act of 2002 propriate action in response to a report or program, the head of the agency— (31 U.S.C. 3321 note); notification by a contractor under subpara- (i) shall, as the first priority of the pro- (C) if required, publishes improper pay- graph (D)(ii), to collect overpayments and gram, address problems that contribute di- ments estimates for all programs and activi- shall forward to other agencies any informa- rectly to agency improper payments; and ties identified under section 2(b) of the Im- tion that applies to such agencies. (ii) may seek to reduce errors and waste in proper Payments Information Act of 2002 (31 (3) DISPOSITION OF AMOUNTS RECOVERED.— other agency programs and operations. U.S.C. 3321 note) in the accompanying mate- (A) IN GENERAL.—Amounts collected by (5) OTHER RECOVERY AUDIT REQUIREMENTS.— rials to the annual financial statement; agencies each fiscal year through recovery (A) IN GENERAL.—Subchapter VI of chapter (D) publishes programmatic corrective ac- audits conducted under this subsection shall 35 of title 31, United States Code, is repealed. tion plans prepared under section 2(c) of the be treated in accordance with this para- (B) TECHNICAL AND CONFORMING AMEND- Improper Payments Information Act of 2002 graph. MENTS.— (31 U.S.C. 3321 note) that the agency may

VerDate Mar 15 2010 03:17 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.012 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5309 have in the accompanying materials to the pliance for 3 or more consecutive fiscal NATIONAL POST-TRAUMATIC annual financial statement; years; or STRESS DISORDER AWARENESS (E) publishes improper payments reduction (B) proposed statutory changes necessary DAY targets established under section 2(c) of the to bring the program or activity into compli- Improper Payments Information Act of 2002 ance. Mr. DURBIN. Mr. President, I ask (31 U.S.C. 3321 note) that the agency may unanimous consent that the Judiciary (d) COMPLIANCE ENFORCEMENT PILOT PRO- have in the accompanying materials to the Committee be discharged from further GRAMS.— annual financial statement for each program (1) IN GENERAL.—The Director of the Office consideration of S. Res. 541, and that assessed to be at risk, and is meeting such of Management and Budget may establish 1 the Senate then proceed to its imme- targets; and or more pilot programs which shall test po- diate consideration. (F) has reported an improper payment rate tential accountability mechanisms with ap- The PRESIDING OFFICER. Without of less than 10 percent for each program and propriate incentives and consequences tied objection, it is so ordered. activity for which an estimate was published to success in ensuring compliance with this The clerk will report the resolution under section 2(b) of the Improper Payments Act and eliminating improper payments. Information Act of 2002 (31 U.S.C. 3321 note). by title. (2) REPORT.—Not later than 5 years after The assistant legislative clerk read (b) ANNUAL COMPLIANCE REPORT BY INSPEC- the date of enactment of this Act, the Direc- as follows: TORS GENERAL OF AGENCIES.—Each fiscal tor of the Office of Management and Budget A resolution (S. Res. 541) designating June year, the Inspector General of each agency shall submit a report to Congress on the shall determine whether the agency is in 27, 2010, as ‘‘National Post-Traumatic Stress findings associated with any pilot programs Disorder Awareness Day.’’ compliance and submit a report on that de- conducted under paragraph (1). The report termination to— shall include any legislative or other rec- There being no objection, the Senate (1) the head of the agency; ommendations that the Director determines proceeded to consider the resolution. (2) the Committee on Homeland Security necessary. Mr. DURBIN. Mr. President, I ask and Governmental Affairs of the Senate; unanimous consent that the resolution (e) REPORT ON CHIEF FINANCIAL OFFICERS (3) the Committee on Oversight and Gov- be agreed to; that a Conrad amendment ACT OF 1990.—Not later than 1 year after the ernmental Reform of the House of Represent- to the preamble be agreed to; the pre- atives; and date of the enactment of this Act, the Chief (4) the Comptroller General. Financial Officers Council established under amble, as amended, be agreed to; the motions to reconsider be laid upon the (c) REMEDIATION.— section 302 of the Chief Financial Officers (1) NONCOMPLIANCE.— Act of 1990 (31 U.S.C. 901 note) and the Coun- table, with no intervening action or de- (A) IN GENERAL.—If an agency is deter- cil of Inspectors General on Integrity and Ef- bate; and that any statements relating mined by the Inspector General of that agen- ficiency established under section 7 of the In- to the resolution be printed in the cy not to be in compliance under subsection spector General Reform Act of 2009 (Public RECORD. (b) in a fiscal year, the head of the agency Law 110–409), in consultation with a broad The PRESIDING OFFICER. Without shall submit a plan to Congress describing cross-section of experts and stakeholders in objection, it is so ordered. the actions that the agency will take to Government accounting and financial man- The resolution was agreed to. come into compliance. agement shall— The amendment (No. 4393) was agreed (B) PLAN.—The plan described under sub- (1) jointly examine the lessons learned dur- to as follows: paragraph (A) shall include— ing the first 20 years of implementing the Strike the preamble and insert the fol- (i) measurable milestones to be accom- Chief Financial Officers Act of 1990 (31 U.S.C. lowing: plished in order to achieve compliance for 901) and identify any reforms or improve- Whereas the brave men and women of the each program or activity; ments to the legislative and regulatory com- United States Armed Forces, who proudly (ii) the designation of a senior agency offi- pliance framework for Federal financial serve the United States, risk their lives to cial who shall be accountable for the management that will optimize Federal protect the freedom of the United States and progress of the agency in coming into com- agency efforts to— deserve the investment of every reasonable pliance for each program or activity; and (A) publish relevant, timely, and reliable resource to ensure their lasting physical, (iii) the establishment of an accountability reports on Government finances; and mental, and emotional well-being; mechanism, such as a performance agree- (B) implement internal controls that miti- Whereas up to 15 percent of Operation Iraqi ment, with appropriate incentives and con- gate the risk for fraud, waste, and error in Freedom and Operation Enduring Freedom sequences tied to the success of the official Government programs; and veterans, 10 percent of Operation Desert designated under clause (ii) in leading the ef- (2) submit a report on the results of the ex- Storm veterans, 30 percent of Vietnam vet- forts of the agency to come into compliance amination to— erans, and 8 percent of the general popu- for each program and activity. (A) the Committee on Homeland Security lation of the United States suffer or have (2) NONCOMPLIANCE FOR 2 FISCAL YEARS.— and Governmental Affairs of the Senate; suffered from Post Traumatic Stress Dis- (A) IN GENERAL.—If an agency is deter- (B) the Committee on Oversight and Gov- order (referred to in this preamble as mined by the Inspector General of that agen- ernment Reform of the House of Representa- ‘‘PTSD’’); cy not to be in compliance under subsection tives; and Whereas the incidence of PTSD in mem- (b) for 2 consecutive fiscal years for the same (C) the Comptroller General. bers of the military is rising as the United program or activity, and the Director of the States Armed Forces conducts 2 wars, expos- Office of Management and Budget deter- Mr. DURBIN. Mr. President, I ask ing hundreds of thousands of soldiers to mines that additional funding would help the unanimous consent that the com- traumatic life-threatening events; agency come into compliance, the head of mittee-reported amendment be with- Whereas from 2000 to 2009, approximately the agency shall obligate additional funding, drawn; the Carper substitute amend- 76,000 Department of Defense patients were in an amount determined by the Director, to ment, which is at the desk, be agreed diagnosed with PTSD; intensified compliance efforts. to, and the bill, as amended, be read a Whereas the Department of Defense pa- (B) FUNDING.—In providing additional fund- tients— ing described under subparagraph (A), the third time and passed; the motions to reconsider be laid upon the table, with- (1) were hospitalized more than 5,300 times head of an agency shall use any reprogram- with a primary diagnosis of PTSD; and ming or transfer authority available to the out intervening action or debate; and (2) had more than 578,000 outpatient visits agency. If after exercising that reprogram- that any statements relating to the in which PTSD was the primary diagnosis; ming or transfer authority additional fund- bill be printed in the RECORD. Whereas PTSD significantly increases the ing is necessary to obligate the full level of risk of depression, suicide, and drug and al- funding determined by the Director of the The PRESIDING OFFICER. Without cohol related disorders and deaths; Office of Management and Budget under sub- objection, it is so ordered. Whereas the Departments of Defense and paragraph (A), the agency shall submit a re- The committee amendment was with- Veterans Affairs have made significant ad- quest to Congress for additional reprogram- vances in the prevention, diagnosis, and ming or transfer authority. drawn. treatment of PTSD and the symptoms of (3) REAUTHORIZATION PROPOSALS.—If an The amendment (No. 4392) was agreed PTSD, but many challenges remain; and agency is determined by the Inspector Gen- to. Whereas the establishment of a National eral of that agency not to be in compliance Post-Traumatic Stress Disorder Awareness under subsection (b) for more than 3 consecu- (The amendment is printed in today’s Day will raise public awareness about issues tive fiscal years for the same program or ac- RECORD under ‘‘Text of Amendments.’’) related to PTSD: Now, therefore, be it tivity, the head of the agency shall, not later than 30 days after such determination, sub- The bill (S. 1508), as amended, was or- The preamble, as amended, was mit to Congress— dered to be engrossed for a third read- agreed to. (A) reauthorization proposals for each pro- ing, was read the third time, and The resolution, with its preamble, as gram or activity that has not been in com- passed. amended, is as follows:

VerDate Mar 15 2010 03:17 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.012 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5310 CONGRESSIONAL RECORD — SENATE June 23, 2010 S. RES. 541 the table, with no intervening action Senate amendment to the bill, with the Whereas the brave men and women of the or debate, and that any statements re- Baucus amendment, which is at the United States Armed Forces, who proudly lating to the resolution be printed in desk. I offer this on behalf of Senator serve the United States, risk their lives to the RECORD. BAUCUS. protect the freedom of the United States and The PRESIDING OFFICER. Without The PRESIDING OFFICER. The deserve the investment of every possible re- objection, it is so ordered. clerk will report. source to ensure their lasting physical, men- The resolution (S. Res. 552) was The legislative clerk read as follows: tal, and emotional well-being; Whereas 12 percent of Operation Iraqi Free- agreed to. The Senator from Nevada (Mr. REID), for dom veterans, 11 percent of Operation Endur- The preamble was agreed to. Mr. Baucus, proposes an amendment num- ing Freedom veterans, 10 percent of Oper- The resolution, with its preamble, bered 4386 to the House amendment to the ation Desert Storm veterans, 30 percent of reads as follows: Senate amendment to H.R. 4213. Vietnam veterans, and at least 8 percent of S. RES. 552 Mr. REID. Mr. President, I ask unan- the general population of the United States Whereas Olympic Day celebrates the Olym- imous consent that reading of the suffers from Post Traumatic Stress Disorder pic ideal of developing peace through sport; amendment be dispensed with. (referred to in this preamble as ‘‘PTSD’’); Whereas June 23 marks the date on which The PRESIDING OFFICER. Without Whereas the incidence of PTSD in mem- the Congress of Paris approved the proposal objection, it is so ordered. bers of the military is rising as the United of Pierre de Coubertin to found the modern States Armed Forces conducts 2 wars, expos- (The amendment is printed in today’s Olympics; RECORD under ‘‘Text of Amendments.’’) ing hundreds of thousands of soldiers to Whereas thousands of people in more than traumatic life-threatening events; Mr. REID. Mr. President, I ask for 170 countries will celebrate the ideals of the the yeas and nays on the amendment. Whereas women, who are more than twice Olympic spirit on June 23, 2010; as likely to experience PTSD than men, are Whereas for more than a century, the The PRESIDING OFFICER. Is there a increasingly engaged in direct combat on the Olympic movement has built a more peaceful sufficient second? There is a sufficient front lines, putting these women at even and better world by— second. greater risk of PTSD; (1) educating young people through ama- The yeas and nays were ordered. Whereas— teur athletics; AMENDMENT NO. 4387 TO AMENDMENT NO. 4386 (1) from 2003 to 2007, approximately 40,000 (2) bringing together athletes from many Mr. REID. Mr. President, I now call Department of Defense patients were diag- countries in friendly competition; and nosed with PTSD; and (3) forging new relationships bound by up the Baucus second-degree amend- (2) from 2000 to 2009— friendship, solidarity, and fair play; ment. (A) more than 5,000 individuals were hos- Whereas the United States Olympians and The PRESIDING OFFICER. The pitalized with a primary diagnosis of PTSD; Paralympians continue to achieve competi- clerk will report. and tive excellence, preserve the Olympic ideals, The legislative clerk read as follows: (B) more than 500,000 individuals were and inspire all people of the United States; The Senator from Nevada (Mr. REID), for treated for PTSD in outpatient visits; Whereas community celebrations of Olym- Mr. BAUCUS, proposes an amendment num- Whereas PTSD significantly increases the pic Day improve the communities of the bered 4387 to amendment No. 4386. risk of depression, suicide, and drug and al- United States and inspire the Olympic and cohol related disorders and deaths; The amendment is as follows: Paralympic champions of tomorrow; Whereas the Departments of Defense and At the end of the amendment, insert the Whereas Olympic Day encourages the de- Veterans Affairs have made significant ad- following: velopment of Olympic and Paralympic sport vances in the prevention, diagnosis, and The provisions of this Act shall become ef- in the United States; treatment of PTSD and the symptoms of fective 3 days after enactment. Whereas Olympic Day encourages the PTSD, but many challenges remain; and youth of the United States to participate in CLOTURE MOTION Whereas the establishment of a National and support Olympic and Paralympic sport; Mr. REID. Mr. President, I send a Post-Traumatic Stress Disorder Awareness and cloture motion to the desk. Day will raise public awareness about issues Whereas, as of the date of approval of this The PRESIDING OFFICER. The clo- related to PTSD: Now, therefore, be it resolution, enthusiasm for Olympic and Resolved, That the Senate— ture motion having been presented Paralympic sport is at an all-time high: (1) designates June 27, 2010, as ‘‘National under rule XXII, the Chair directs the Now, therefore, be it Post-Traumatic Stress Disorder Awareness clerk to read the motion. Resolved, That the Senate— The legislative clerk read as follows: Day’’; (1) designates June 23, 2010, as ‘‘Olympic (2) urges the Secretary of Veterans Affairs Day’’; CLOTURE MOTION and the Secretary of Defense to continue (2) supports the goals and ideals of Olympic We, the undersigned Senators, in accord- working to educate servicemembers, vet- Day; and ance with the provisions of rule XXII of the erans, the families of servicemembers and (3) promotes— Standing Rules of the Senate, hereby move veterans, and the public about the causes, (A) the fitness and well-being of all people to bring to a close debate on the motion to symptoms, and treatment of post-traumatic of the United States; and concur in the House amendment to the Sen- stress disorder; and (B) the Olympic ideals of fair play, perse- ate amendment to H.R. 4213, the American (3) respectfully requests that the Secretary verance, respect, and sportsmanship. Jobs and Closing Tax Loopholes Act, with a of the Senate transmit a copy of this resolu- f Baucus amendment No. 4386. tion to the Secretary of Veterans Affairs and Harry Reid, Max Baucus, Patrick J. the Secretary of Defense. RECESS Leahy, Al Franken, Patty Murray, f Mr. DURBIN. Mr. President, I ask Richard J. Durbin, Sheldon unanimous consent that the Senate Whitehouse, Roland W. Burris, Kent OLYMPIC DAY Conrad, Daniel K. Akaka, Robert P. now stand in recess subject to the call Mr. DURBIN. Mr. President, I ask Casey, Jr., Jeanne Shaheen, Edward E. of the Chair. Kaufman, Jeff Merkley, Jeff Bingaman, unanimous consent that the Judiciary There being no objection, the Senate, Committee be discharged from further Mark L. Pryor, Sherrod Brown, Carl at 7:35 p.m., recessed until 9:09 p.m. and Levin. consideration of S. Res. 552 and the reassembled when called to order by MOTION TO REFER WITH AMENDMENT NO. 4388 Senate proceed to its immediate con- the Presiding Officer (Mr. WARNER). sideration. Mr. REID. Mr. President, I have a Mr. REID. Mr. President, I ask unan- motion to refer, with instructions, at The PRESIDING OFFICER. Without imous consent that the order for the objection, it is so ordered. The clerk the desk and ask that it be stated. quorum call be rescinded. The PRESIDING OFFICER. The will report the resolution by title. The PRESIDING OFFICER. Without clerk will report. The legislative clerk read as follows: objection, it is so ordered. The legislative clerk read as follows: A resolution (S. Res. 552) designating June f The Senator from Nevada (Mr. REID) moves 23, 2010, as ‘‘Olympic Day.’’ AMERICAN JOBS AND CLOSING to refer the House message on H.R. 4213 to There being no objection, the Senate the Senate Committee on Finance, with in- proceeded to consider the resolution. TAX LOOPHOLES ACT OF 2010— structions of amendment No. 4388. Continued Mr. DURBIN. Mr. President, I ask The amendment is as follows: unanimous consent the resolution be AMENDMENT NO. 4386 At the end, insert the following: agreed to, the preamble be agreed to, Mr. REID. Mr. President, I move to The Committee on Finance is requested to the motions to reconsider be laid upon concur in the House amendment to the study the economic impact of the delay in

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implementing the provisions of the Act on CHEMICAL SAFETY AND HAZARD INVESTIGATION But the scent of the roses will hang round it job creation on a national and regional level. BOARD still.—Thomas Moore. Mr. REID. Mr. President, I ask for Rafael Moure-Eraso, of Massachusetts, to f be Chairperson of the Chemical Safety and the yeas and nays. INTERNATIONAL COMMISSION The PRESIDING OFFICER. Is there a Hazard Investigation Board for a term of five AGAINST IMPUNITY IN GUATE- sufficient second? There is a sufficient years. Mark A. Griffon, of New Hampshire, to be MALA second. a Member of the Chemical Safety and Hazard Mr. LEAHY. Mr. President, on June The yeas and nays were ordered. Investigation Board for a term of five years. AMENDMENT NO. 4389 Rafael Moure-Eraso, of Massachusetts, to 7, the head of the International Com- Mr. REID. Mr. President, I have an be a Member of the Chemical Safety and mission against Impunity in Guate- amendment to the instructions at the Hazard Investigation Board for a term of five mala, CICIG, a U.N. supported body set desk. years. up to investigate organized crime and The PRESIDING OFFICER. The f clandestine groups in Guatemala, re- signed. In a press conference, he high- clerk will report. LEGISLATIVE SESSION The legislative clerk read as follows: lighted problems with Guatemala’s The Senator from Nevada (Mr. REID) pro- The PRESIDING OFFICER. Under newly selected attorney general, who poses an amendment numbered 4389 to the the previous order, the Senate will re- he accused of trying to undermine the instructions of the motion to refer to the turn to legislative session. Commission’s investigations. He also House message No. 4213. f described a general lack of cooperation The amendment is as follows: MORNING BUSINESS from the Guatemalan Government in At the end, insert the following: CICIG’s mission. ‘‘and include statistical data on the spe- Not long ago, on April 5, I spoke in cific service related positions created.’’ REMEMBERING STEPHEN YOUNG this Chamber of Guatemala’s need for Mr. REID. On this, I ask for the yeas an attorney general with the integrity, Mr. BYRD. Mr. President, the State and nays. experience, courage and determination of West Virginia and the Nation’s coal The PRESIDING OFFICER. Is there a to show that justice can be a reality industry lost a very good man last sufficient second? There is a sufficient for all the people of Guatemala regard- week, and I lost a good friend. Mr. Ste- second. less of race, ethnicity, gender or eco- phen Young, a native of Buckhannon, The yeas and nays were ordered. nomic status. Unfortunately, President WV, who had been the vice president of AMENDMENT NO. 4390 TO AMENDMENT NO. 4389 Colom’s choice fell short on all counts. Mr. REID. Mr. President, I have a government affairs at Consol Energy This concerns me greatly. The Com- second-degree amendment at the desk. for more than three decades, passed mission was created three years ago, at The PRESIDING OFFICER. The away on June 15th. the request of the Guatemalan Govern- clerk will report. Steve and I worked together to pro- ment and with the approval of the leg- The legislative clerk read as follows: tect and promote the best interests of islature. It was intended to support The Senator from Nevada (Mr. REID) pro- coal, a vital form of energy which has Guatemala in investigating and dis- poses an amendment numbered 4390 to helped make our country strong, and mantling powerful criminal networks amendment No. 4389. on which our Nation depends. I always, deeply entrenched in state institutions The amendment is as follows: I repeat, always, found Steve Young to and to help strengthen the capacity of At the end, insert the following: be a friendly and cooperative person the country’s dysfunctional judicial ‘‘and the impact on the local economy.’’ with whom to work, as well as a decent system. Since its creation, CICIG has Mr. REID. Mr. President, I ask unan- and considerate man. Steve was a gen- received substantial political and fi- imous consent that the mandatory tleman. He was soft spoken, effective nancial backing from the international quorum be waived. in everything he did, and respected and community, including the United The PRESIDING OFFICER. Without liked by all. States. I have been a strong supporter objection, it is so ordered. Steve was the director of State oper- of the Commission, and I was encour- f ations for Consol Energy. He had also aged that the Guatemalan Government been president of the West Virginia EXECUTIVE SESSION and the legislature had the political Coal Association and had served on the courage to back a serious effort to Board of Directors of a number of other challenge the organized criminal struc- EXECUTIVE CALENDAR State coal associations. He also served tures that threaten Guatemala’s frag- on the board of directors of the West Mr. REID. Mr. President, I ask unan- ile democracy. Virginia Chamber of Commerce and imous consent that the Senate proceed Under the leadership of internation- was a member of its executive com- to executive session to consider, en ally respected Spanish jurist and pros- mittee. As a tribute to his talents, a bloc, Calendar Nos. 782, 953, 954, 955, 956, ecutor Carlos Castresana, the CICIG, few years ago, Steve was elected to the and 957; that the nominations be con- with dedicated Guatemalan personnel West Virginia Coal Hall of Fame. firmed, en bloc; that the motions to re- from the Public Ministry, the police, Mr. Young was simply devoted to the and the support of the courts, has made consider be laid upon the table, en bloc; coal industry, to the progress of West that any statements relating to the significant, indeed historic, progress in Virginia, his home State which he combating organized crime and ending nominations be printed in the RECORD; loved dearly, and to his family. I will impunity. Its work has led to the suc- that the President be immediately no- certainly miss him and his vast experi- cessful investigation of high-profile tified of the Senate’s action; and that ence and expertise. cases, the arrest of dozens of govern- the Senate resume legislative session. I extend my heart felt condolences to The PRESIDING OFFICER. Without ment officials and ex-military officers, his wife Maureen, his children and and the purge of thousands of police of- objection, it is so ordered. grandchildren, and his sister. The nominations, considered and ficers linked to illegal groups. confirmed, are as follows: SCENT OF THE ROSES Having seen that progress, I was sad- Let fate do her worst, there are relics of joy, dened to learn of Director Castresana’s DEPARTMENT OF TRANSPORTATION Bright dreams of the past that she cannot resignation. I commend him, the Com- Michael Peter Huerta, of the District of destroy, Columbia, to be Deputy Administrator of the mission’s staff, and the many Guate- That come in the night-time of sorrow and malans who have supported the CICIG Federal Aviation Administration. care, ENVIRONMENTAL PROTECTION AGENCY for their courage and resolve. And bring back the features that joy used to The CICIG is a ground-breaking ef- Malcolm D. Jackson, of Illinois, to be an wear. Assistant Administrator of the Environ- fort and one of the few successful strat- Long, long be my heart with such memories egies in the fight against organized mental Protection Agency. filled, DELTA REGIONAL AUTHORITY Like the vase in which roses have once been crime and rampant institutional cor- Christopher A. Masingill, of Arkansas, to distilled, ruption in Guatemala. Its efforts must be Federal Cochairperson, Delta Regional You may break, you may shatter the vase if continue. Both the U.N. and the Guate- Authority. you will, malan Government need to act swiftly

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Secretary General Ban Ki Moon to ap- family leave to lesbian, gay, bisexual During the playoffs, the Lakers stood point a new CICIG Commissioner with and transgender—LGBT—employees. tall against challengers to their title demonstrated expertise in inves- Earlier this year, I praised President as they defeated the Oklahoma City tigating and prosecuting organized Obama for directing the Department of Thunder, the Utah Jazz, and the Phoe- criminal networks so the advances of Health and Human Services to issue nix Suns en route to winning the West- the CICIG continue under new leader- regulations ensuring hospital visita- ern Conference title. ship. Equally important is the integ- tion rights for same-sex couples. Now In the NBA finals, the Lakers tri- rity and continuity of CICIG’s profes- these same couples will be treated fair- umphed against their archrivals, the sional staff. ly when their children are sick, in- Boston Celtics, in a fiercely contested In Guatemala, the government needs jured, or in need of care. Both of these seven-game series that gripped basket- to address the problems that so frus- measures promote the value of strong ball fans from coast to coast and the trated Director Castresana. Fortu- families and enduring relationships. world over. True to their reputation as nately, Guatemala’s Constitutional There is a tragic history of discrimi- a team of great resolve and determina- Court annulled the selection of the at- nation in the workplace, but fortu- tion, the Lakers overcame a deficit in torney general, who subsequently re- nately, we are making progress to end the last quarter of the deciding game signed. This is a positive step, but it it. In 1993, Congress passed the Family in order to ensure that the NBA cham- needs to be followed up. Guatemala’s Medical Leave Act, FMLA, allowing pionship trophy will reside in Los An- next attorney general should have a employees to take reasonable unpaid geles for at least another year. strong commitment to working closely leave for certain family and medical It is my pleasure to congratulate the with and supporting the efforts of the reasons. The FMLA sought to promote members of the Lakers organization CICIG, as well as reform of the Na- equal employment opportunities for who worked tirelessly to bring the tional Police, the establishment of a men and women. Unfortunately, the championship to Los Angeles and high impact court for cases of orga- benefits of that law were not extended Southern California. nized crime with heightened security to LGBT families. Under the Depart- As the Los Angeles Lakers and their for judges, witnesses and prosecutors, a ment of Labor’s new interpretation of fans celebrate the 2009–2010 champion- maximum security jail, and other ini- ‘‘son or daughter’’ under the FMLA, a ship campaign, I congratulate them on tiatives by the Guatemalan Legislature gay or lesbian employee may now take another remarkable and memorable that would facilitate the investigation family and medical leave to care for a season and wish them continued suc- and prosecution of organized crime. newly born, newly adopted, or sick cess in future seasons. It is not just the attorney general, child of the employee’s same-sex part- however. Implementation of many of f ner, even if the employee does not have the CICIG’s recommendations has been UNIVERSITY OF ARKANSAS a biological or legal relationship with repeatedly delayed. The entire Guate- ATHLETES AND COACHES malan Government—the executive, leg- the child. The fight for equal rights protections Mrs. LINCOLN. Mr. President, today islature and the courts—must act deci- continues in Congress. I am a proud co- I recognize University of Arkansas ath- sively to demonstrate that it can im- sponsor of the bipartisan Domestic letes and coaches who are leading an plement urgent anti-impunity reforms, Partnership Benefits and Obligations effort to challenge northwest Arkansas strengthen and professionalize its law Act of 2009, which would provide do- volunteers to pack 2 million meals in enforcement and judicial institutions, 24 hours for people affected by the and prove that it can be a partner in mestic partners of Federal employees earthquake in Haiti. They are attempt- the fight against organized crime. Re- all of the protections and benefits af- ing to break the one-day record for the forming the National Police, which is forded to spouses of Federal employees, most food packed, which was set in widely perceived as corrupt, ineffective including participation in applicable Kansas City earlier this year. and unaccountable, and whose officers retirement programs, compensation for Under the leadership of Jeff Long, are under-paid, under-trained, and work injuries, and health insurance athletic director of the University of under-equipped, is a critical priority. I benefits. I also support the Tax Equity Arkansas at Fayetteville, athletes and hope there is convincing progress in for Health Plan Beneficiaries Act of volunteers will meet at the Randal these areas soon. 2009, which would end the taxation of The United States is providing assist- health benefits provided to domestic Tyson Track Center on the University ance to bolster Guatemala’s institu- partners in workplaces that provide do- campus June 25 and 26 to work 2-hour tions, particularly through our Central mestic partner health benefits to their shifts filling and sealing packets of soy America Regional Security Initiative. employees. power, rice, dried vegetables, and vita- But as chairman of the Appropriations Respecting the rights of all hard- mins. The packets will reach Haitians 5 Subcommittee on the Department of working Americans to care for their to 7 days later after being transported State and Foreign Operations, I would children in times of crisis is something by ground and sea transportation. find it difficult to justify investing fur- every American should support. Called Razorback Relief Operation ther resources in Guatemala’s judicial f Haiti, the effort is also led by former system unless its own government Razorback golfer Rich Morris and soph- RECOGNIZING THE LOS ANGELES omore track athlete Terry Prentice, a demonstrates a strong commitment to LAKERS ending impunity and combating orga- member of the student athlete advisory nized criminal networks and corrup- Mrs. BOXER. Mr. President, I ask my committee. tion, which must be rooted out from colleagues to join me in congratulating I commend the entire northwest Ar- their entrenched positions within Gua- the 2009–2010 National Basketball Asso- kansas community for pulling together temala’s state institutions. ciation champions, the Los Angeles to help their global neighbors in need. I urge the Guatemalan Government Lakers. In winning their 16th cham- These athletes and volunteers rep- to show, at this critical moment, its pionship, and the 5th of this decade, resent the best of Arkansas, and I am firm commitment to the CICIG and to the Lakers cemented their status as proud of their efforts. taking the steps necessary to end im- one of the most successful and storied f franchises in the history of profes- punity and strengthen the rule of law SECRET HOLDS so the United States can continue to sional sports. partner with Guatemala to tackle its Led by a dedicated management and Mr. UDALL of New Mexico. Mr. many challenges. coaching staff and with contributions President, the Senate Rules Committee from an outstanding roster of perennial held another important hearing today f all-stars, reliable veterans and exciting to review yet another example of how EXTENDING FAMILY LEAVE young players, the Lakers began their the Senate rules are abused. I want to Mr. LEAHY. Mr. President, today, successful defense of their 2008–2009 thank Chairman SCHUMER again for the Obama administration took an- championship by compiling the best holding these hearings—they have been

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Both conservative and liberal that debate on the motion should be and debated example after example of legal scholars, including those who see no limited to 2 hours.’’ Despite the rec- how the filibuster in particular—and constitutional problems with the current fil- ommendation, nothing came of it. the Senate’s incapacitating rules in ibuster campaign, agree that a simple major- And here we are again today—31 general—too often stand in the way of ity can change Senate rules at the beginning years after Senator BYRD tried to insti- achieving real progress for the Amer- of a new Congress. tute a reform that members of both ican people. It is through this path—by a major- parties have agreed is necessary. Today’s hearing topic—secret holds ity vote at the beginning of the next Talking about change, and reform, and the confirmation process—was just Congress—that we can reform the does not solve the problem. We can one more example of how manipulation abuse of holds, secret filibusters, and hold hearings, convene bipartisan com- of the rules continues to foster a level the broken confirmation process. We mittees, and study the problem to of gridlock and obstruction unlike any can end the need for multiple cloture death. But until we agree that the Con- we have seen before. votes on the same matter, and we can stitution provides the right for each Senators WYDEN, GRASSLEY, and instead begin to focus on the important Senate to adopt its rules of proceedings MCCASKILL testified at the hearing business at hand. by a simple majority vote, there will be about their efforts to end the practice Now, critics will argue that the two- no real reform. of secret holds. I applaud their work thirds vote requirement for cloture on Recognizing our constitutional right and dedication to transparency in gov- a rules change is reasonable. They’ll to change Senate rules by a majority ernment. Their fight to end the prac- say that Senator MCCASKILL managed will not only allow reform, but it will tice of secret holds is a worthy one to gather 67 Senators, so it must be an help prevent abuse. Members are less that I wholeheartedly support. achievable threshold. likely to abuse a rule if they know that As I said at today’s hearing, I com- Earlier this year I was proud to sign it can be changed by a majority in the mend Senator MCCASKILL for her dili- on to Senator MCCASKILL’s letter to next Congress. Conversely, if they gence in building support to end secret think it takes 67 votes to change the the majority and minority leaders, in holds. But I think it is also important rule, there is no disincentive against which we pledged to no longer place to understand that other crucial re- abuse. anonymous holds and asked for Senate form efforts have failed because, I look forward to future hearings in leadership to end the practice alto- inexplicably, it takes the same number the Rules Committee and exploring gether. of Senators to amend our rules as it ways that we can bring needed reform At today’s hearing, Senator takes to amend the U.S. Constitution. to the Senate at the beginning of the MCCASKILL said that she has gathered As Senators WYDEN and GRASSLEY enough support to surpass the 67-vote said in their testimony today, their ef- 112th Congress. threshold required to consider and forts to end secret holds goes back I ask unanimous consent that an amend the Senate rules. That is no more than a decade. Indeed, the effect April 19 Roll Call article titled, ‘‘In small task, as everyone in the Senate of holds, on both legislation and the Senate, Motion to Proceed’ Should be would attest. She should be congratu- confirmation of nominees, is hardly a Non-Debatable’’ and Senator HATCH’s lated for her work, as should all of our new problem. 2005 article from the National Review colleagues—Democrat and Repub- In January 1979, Senator BYRD—then Online be printed in the RECORD. lican—who have signed on to this ef- majority leader—proposed changing There being no objection, the mate- fort. This bipartisan effort is proof that the Senate rules to limit debate to 30 rial was ordered to be printed in the we are capable of working together. minutes on a motion to proceed. Doing RECORD, as follows: But the mere fact that we have to so would have significantly weakened [From Roll Call, Apr. 19, 2010] have this conversation, that Senator the power of holds—and thus curbed STEVENSON: IN SENATE,‘‘MOTION TO MCCASKILL had to work for months for their abuse. PROCEED’’ SHOULD BE NON-DEBATABLE 67 votes to change rules that the Con- At the time, Leader BYRD took to the (By Charles A. Stevenson) stitution clearly authorizes us to do Senate Floor and said that unlimited There’s a simple step the Senate could with a simple majority vote, illustrates debate on a motion to proceed, ‘‘makes take that would prevent a lot of the current that secret holds are just another the majority leader and the majority delay and obstruction, while still permitting symptom of a much larger problem. party the subject of the control and the lawmakers to debate some controversial That problem is the Senate rules will of the minority. If I move to take matters at length. themselves. up a matter, then one senator can hold The ‘‘motion to proceed’’ should be made up the Senate for as long as he can non-debatable and subject to an immediate The current rules—specifically rules majority-rule vote. V and XXII—effectively deny a major- stand on his feet.’’ Despite the mod- This may seem like an arcane parliamen- ity of the Senate the opportunity to erate change that Senator BYRD pro- tary matter, but in practice the chance to ever change its rules. This is some- posed, it did not have the necessary 67 kill a bill or nomination before it is open to thing the drafters of the Constitution votes to overcome a filibuster. debate and amendment is a key weapon in never intended. Efforts to reform the motion to pro- the hands of obstructionists. They don’t even As I have explained numerous times ceed have continued since. have to oppose the measure; they just argue in committee hearings and here on the In 1984, a bipartisan study group rec- that ‘‘now is not the time’’ to take it up. In fact, in the past 20 years, more than one- floor, a simple majority of the Senate ommended placing a 2-hour limit on debate of a motion to proceed. That fourth of the cloture petitions to end debate can adopt or amend its rules at the be- have been on motions to proceed. ginning of a new Congress because it is recommendation was ignored. And in 1993, Congress convened the Maybe the Senate, under pressure from not bound by the rules of the previous voters and stymied by the recent surge in Joint Committee on the Organization Congress. filibusters, will change or repeal the current of Congress to determine how it can be Many colleagues, as well as constitu- rule that requires a 60-vote supermajority to a better institution. Senator Pete tional scholars, agree with me. As my cut off debate. But that isn’t likely, since it Domenici, my immediate predecessor, esteemed colleague from Utah, Senator takes 67 votes to change the rules and since was the co-vice chairman of the com- all Senators can envision circumstances HATCH, stated in a National Review ar- mittee. At a hearing before the com- when they might want to fight even though ticle in 2005: mittee, he said, ‘‘If we abolish [the de- outnumbered. The Senate has been called a ‘continuing batable motion to proceed], we have Even if lawmakers eliminated the 60-vote body.’ Yet language reflecting this observa- rule, obstructionists would retain numerous tion was included in Senate rules only in gone a long way to diffusing the valid- tools to block or delay action. 1959. The more important, and much older, ity of holds, because a hold is predi- A compromise might be found on the mo- sense in which the Senate is a continuing cated on the fact that you can’t get [a tion to proceed, which would have substan- body is its ongoing constitutional authority bill] up without a filibuster.’’ tial additional benefits while still preserving

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And before the 108th Congress, the few circumstances: if the Senate has adjourned right to decide and it must do so again. cloture votes on judicial nominations were rather than recessing at the end of the pre- Newspaper editorials condemning the fili- sometimes used to ensure up or down votes. vious day, if it has a period of morning busi- busters outnumber supporting ones by more Even on controversial nominees such as ness the next day and if it is in the second than six-to-one. Last November, South Da- Richard Paez and Marsha Berzon, we invoked hour of the session. Even then, the bill goes kotans retired former Senate Minority Lead- cloture to ensure that we would vote on con- back to the calendar if debate continues at er Tom Daschle, in no small part, because he firmation. We did, and both are today sitting the end of morning business. led the filibuster forces. Yet within hours of federal judges. In contrast, these new Demo- The biggest problem in the Senate’s cur- his election to succeed Senator Daschle as cratic filibusters are designed to prevent, rent rules isn’t that the majority can’t work Minority Leader, Senator Harry Reid took to rather than secure, an up or down vote and its will, but that a handful of Senators can the Senate floor to defend them. Hope is fad- to ensure that targeted judicial nominations clog the legislative stream, preventing ac- ing that the shrinking Democratic minority are defeated rather than debated. tion even on broadly supported measures. will abandon its destructive course of using These filibusters are also completely par- Cutting off debate requires a day’s wait filibusters to defeat majority supported judi- tisan. The average tally on cloture votes after the first cloture petition is filed, and cial nominations. Their failure to do so will during the 108th Congress was 53–43, enough then 30 more hours of debate even if cloture require a deliberate solution. to confirm but not enough to invoke cloture is invoked. This means that the leadership DIAGNOSING THE CRISIS and end debate. Democrats provided every needs at least four days just to end debate on If these filibusters were part of the Sen- single vote against permitting an up or down the motion to proceed, plus many more on ate’s historical practice or, as a recent NRO vote. In fact, Democrats have cast more than controversial amendments. editorial put it, merely made confirming 92 percent of all votes against cloture on ju- Four days on one measure is four days that nominees more difficult, a deliberate solu- dicial nominations in American history. can’t be devoted to other matters—and the tion might not be warranted. But this is a A CONSTITUTIONAL CRISIS Senate has averaged only 167 days in session crisis, not a problem of inconvenience. Unprecedented, unfair, and partisan fili- each year this decade. Senate rules reflect an emphasis on delib- busters that distort Senate procedures con- Making the motion to proceed non-de- eration and debate. Either by unanimous stitute a political crisis. By trying to use batable would not only reduce the opportuni- agreement or at least 60 votes on a motion to Rule 22’s cloture requirement to change the ties for filibusters but would also end the invoke cloture under Rule 22, the Senate Constitution’s confirmation requirement, practice of individual ‘‘holds’’ on bills and must end debate before it can vote on any- these Democratic filibusters also constitute nominations. thing. From the Spanish filibustero, a fili- Those holds aren’t in the rules, but they a constitutional crisis. buster was a mercenary who tries to desta- The Constitution gives the Senate author- are the result of rules that require, for exam- bilize a government. A filibuster occurs most ity to determine its procedural rules. More ple, the Senate to take up bills and nomina- plainly on the Senate floor when efforts to than a century ago, however, the Supreme tions in the order they were added to the cal- end debate fail, either by objection to unani- Court unanimously recognized the obvious endar—that is, oldest first, with more urgent mous consent or defeat of a cloture motion. maxim that those rules may not ‘‘ignore matters or more recent versions delayed During the 108th Congress, Senate Demo- constitutional restraints.’’ The Constitution until all previous matters have been disposed crats defeated ten majority-supported nomi- explicitly requires a supermajority vote for of. nations to the U.S. Court of Appeals by ob- A non-debatable motion to proceed could such things as trying impeachments or over- jecting to every unanimous consent request riding a presidential veto; it does not do so still be rejected by majority vote, and a mat- and defeating every cloture motion. This ter being debated could still be filibustered, for confirming nominations. Article II, Sec- tactic made good on then-Democratic Leader tion 2, even mentions ratifying treaties and but the opponents would have to muster Tom Daschle’s February 2001 vow to use their troops, whereas now a single Member confirming nominees in the very same sen- ‘‘whatever means necessary’’ to defeat judi- tence, requiring a supermajority for the first can hold the whole Senate hostage. cial nominations. These filibusters are un- There are other rules changes that the but not for the second. Twisting Senate rules precedented, unfair, dangerous, partisan, and to create a confirmation supermajority un- Senate might adopt to have a more orderly unconstitutional. and businesslike legislative process. dermines the Constitution. As Senator Jo- It could change the rule (XIX) that re- A POLITICAL CRISIS seph Lieberman once argued, it amounts to quires that ‘‘all debate shall be germane and These are the first filibusters in American ‘‘an amendment of the Constitution by rule confined to the specific question then pend- history to defeat majority supported judicial of the U.S. Senate.’’ ing before the Senate’’ for only the first nominations. Before the 108th Congress, 13 of But don’t take my word for it. The same three hours and it could enforce more rigor- the 14 judicial nominations on which the senators leading the current filibuster cam- ously the section of that rule that ‘‘no Sen- Senate took a cloture vote were confirmed. paign once argued that all filibusters are un- ator shall speak more than twice upon any President Johnson withdrew the 1968 nomi- constitutional. Senator Lieberman argued in one question in debate on the same legisla- nation of Abe Fortas to be Supreme Court 1995 that a supermajority requirement for tive day.’’ chief justice the day after a failed cloture cloture has ‘‘no constitutional basis.’’ Sen- Senators could also drop the provision say- vote showed the nomination did not have ator Tom Harkin insisted that ‘‘the fili- ing that the rules continue from one Con- clear majority support. In contrast, Demo- buster rules are unconstitutional’’ because gress to another unless changed by a two- crats have now crossed the confirmation Ru- ‘‘the Constitution sets out . . . when you thirds vote. That was added in 1959 under bicon by using the filibuster to defeat judi- need majority or supermajority votes in the pressure from Senators fighting civil rights cial nominations which enjoy clear majority Senate.’’ And former Senator Daschle said bills in order to overturn a ruling that would support. that because the Constitution ‘‘is straight- have allowed each new Congress to adopt Focusing on President Clinton’s judicial forward about the few instances in which rules by majority vote—as the House of Rep- nominations in 1999, I described what has more than a majority of the Congress must resentatives does every two years. been the Senate’s historical standard for ju- vote.... Democracy means majority rule, But if Senators are unwilling to change the dicial nominations: ‘‘Let’s make our case if not minority gridlock.’’ He later applied this basic rule on filibusters, they should at least we have disagreement, and then vote.’’ to judicial nomination filibusters: ‘‘I find it make the motion to proceed non-debatable Democrats’ new filibusters abandons this simply baffling that a Senator would vote so that the Senate can get to work without tradition and is unfair to senators who must against even voting on a judicial nomina- petty delays. provide the ‘‘advice and consent’’ the Con- tion.’’ That each of these senators voted for stitution requires of them through a final up every judicial-nomination filibuster during [From the National Review Online, Jan. 12, or down vote. It is also unfair to nominees the 108th Congress is baffling indeed. 2005] who have agreed, often at personal and fi- These senators argued that legislative as nancial sacrifice, to judicial service only to well as nomination filibusters are unconsti- CRISIS MODE: A FAIR AND CONSTITUTIONAL face scurrilous attacks, trumped up charges, tutional. Filibusters of legislation, however, OPTION TO BEAT THE FILIBUSTER GAME character assassination, and smear cam- are different and solving the current crisis (By Senator Orrin G. Hatch) paigns. They should not also be held in per- does not require throwing the entire fili- Judicial nominations will be one of the manent filibuster limbo. Senators can vote buster baby out with the judicial nomination most important issues facing the Senate in for or against any judicial nominee for any bathwater. The Senate’s authority to deter- the 109th Congress and the question is reason, but senators should vote. mine its own rules is greatest regarding whether we will return to the tradition of These unprecedented and unfair filibusters what is most completely within its jurisdic- giving nominations reaching the Senate are distorting the way the Senate does busi- tion, namely, legislation. And legislative floor an up or down vote. The filibusters used ness. Before the 108th Congress, cloture votes filibusters have a long history. Rule 22 itself to block such votes have mired the judicial- were used overwhelmingly for legislation did not even potentially apply to nomina- confirmation process in a political and con- rather than nominations. The percentage of tions until decades after its adoption. Nei- stitutional crisis that undermines democ- cloture votes used for judicial nominations ther America’s founders, nor the Senate that

VerDate Mar 15 2010 05:14 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.015 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5315 adopted Rule 22 to address legislative grid- ate shall be altered.’’ Leadership turned grid- would then prevent solving this filibuster lock, ever imagined that filibusters would be lock into reform, and that year the Senate crisis. Should the chair rule in favor of a used to highjack the judicial appointment adopted Rule 22, by which 2⁄3 of Senators properly framed non-debatable point of process. present and voting could invoke cloture, or order, Democrats would certainly appeal, but TRYING TO CHANGE THE SUBJECT end debate, on a pending measure. the majority could still sustain the ruling by Liberal interest groups, and many in the Just as the minority abused the unanimous voting for a non-debatable motion to table mainstream media, eagerly repeat Demo- consent threshold in the 19th century, the the appeal. 2 cratic talking points trying to change, rath- minority abused the ⁄3 threshold in the 20th Democrats have threatened that, if the er than address, the subject. For example, century. A resolution to reinstate the pre- majority pursues a deliberate solution to they claim that, without the filibuster, the vious question rule was introduced, and only this political and constitutional crisis, they Senate would be nothing more than a narrowly defeated, within a year of Rule 22’s will bring the entire Senate to a screeching ‘‘rubberstamp’’ for the president’s judicial adoption. A steady stream of reform at- halt. Perhaps they see this as way to further nominations. Losing a fair fight, however, tempts followed, and a series of modifica- escalate the confirmation crisis, as the Sen- does not rubberstamp the winner; giving up tions made until the current 60-vote thresh- ate cannot confirm judicial nominations if it without a fight does. Active opposition to a old was adopted in 1975. The point is that the can do nothing at all. No one, however, seri- judicial nomination, especially expressed Senate has periodically rebalanced the mi- ously believes that, if the partisan roles were through a negative vote, is the best remedy nority’s right to debate and the majority’s reversed, Democrats—the ones who once pro- against being a rubberstamp. right to decide. Today’s crisis, with constitu- posed abolishing even legislative filibus- They also try to change the definition of a tional as well as political dimensions and af- ters—would hesitate for a moment before filibuster. On March 11, 2003, for example, fecting all three branches of government, changing Senate procedures to facilitate Senator Patrick Leahy, ranking Judiciary presents an even more compelling case to do consideration of judicial nominations they Committee Democrat, used a chart titled so. favored. These filibusters are an unprecedented ‘‘Republican Filibusters of Nominees.’’ Many A FAMILIAR FORK IN THE ROAD individuals on the list, however, are today shift in the kind, not just the degree, of the minority’s tactics. After a full, fair, and vig- The United States Senate is a unique insti- sitting federal judges, some confirmed after tution. Our rules allowing for extended de- invoking cloture and others without taking orous debate on judicial nominations, a sim- ple majority must at some point be able to bate protect the minority’s role in the legis- a cloture vote at all. Invoking cloture and lative process. We must preserve that role. confirming nominations is no precedent for proceed to a vote. A simple majority can achieve this goal either by actually amend- The current filibuster campaign against ju- not invoking cloture and refusing to confirm dicial nominations, however, is the real at- nominations. ing Rule 22 or by sustaining an appropriate parliamentary ruling. tack on Senate tradition and an unprece- Many senators once opposed the very judi- dented example of placing short-term advan- A SIMPLE MAJORITY CAN CHANGE THE RULES cial nomination filibusters they now em- tage above longstanding fundamental prin- brace. Senator Leahy, for example, said in The Senate exercises its constitutional au- ciples. It is not simply annoying or frus- 1998: ‘‘I have stated over and over thority to determine its procedural rules ei- trating, but a new and dangerous kind of ob- again. . .that I would object and fight ther implicitly or explicitly. Once a new struction which threatens democracy, the against any filibuster on a judge, whether it Congress begins, operating under existing Senate, the judiciary, and even the Constitu- is somebody I opposed or supported.’’ Since rules implicitly adopts them ‘‘by acquies- tion itself. As such, it requires a more seri- then, he has voted against cloture on judicial cence.’’ The Senate explicitly determines its ous and deliberate solution. nominations 21 out of 26 times. Senator Ted rules by formally amending them, and the While judicial appointments can be politi- Kennedy, a former chairman of the Judiciary procedure depends on its timing. After Rule cally contentious and ideologically divisive, Committee, said in 1995 that ‘‘Senators who 22 has been adopted by acquiescence, it re- the confirmation process must still be han- believe in fairness will not let a minority of quires 67 votes for cloture on a rules change. dled through a fair process that honors the the Senate deny [the nominee] his vote by Before the Senate adopts Rule 22 by acquies- Constitution and Senate tradition. If the the entire Senate.’’ Since then, he has voted cence, however, ordinary parliamentary fight is fair and constitutional, let the chips to let a minority of the Senate deny judicial rules apply and a simple majority can invoke fall where they may. As it has before, the nominees a vote 18 out of 23 times. cloture and change Senate rules. Senate must change its procedures to prop- Let me put my own record on the table. I Some object to this conclusion by observ- erly balance majority rule and extended de- have never voted against cloture on a judi- ing that, because only a portion of its mem- bate. That way, we can vigorously debate ju- cial nomination. I opposed filibusters of bership changes with each election, the Sen- dicial nominations and still conduct the peo- Carter and Clinton judicial nominees, ate has been called a ‘‘continuing body.’’ Yet ple’s business. Reagan and Bush judicial nominees, all judi- language reflecting this observation was in- cial nominees. Along with then-Majority cluded in Senate rules only in 1959. The more f Leader Trent Lott, I repeatedly warned that important, and much older, sense in which REMEMBERING REPRESENTATIVE filibustering Clinton judicial nominees the Senate is a continuing body is its ongo- THOMAS LUDLOW ‘‘LUD’’ ASHLEY would be a ‘‘travesty’’ and helped make sure ing constitutional authority to determine its that every Clinton judicial nomination rules. Rulings by vice presidents of both par- Mr. BROWN of Ohio. Mr. President, reaching the full Senate received a final con- ties, sitting as the President of the Senate, as we search for solutions to our twin firmation decision. That should be the per- confirm that each Senate may make that de- challenges in the housing and energy manent standard, no matter which party cision for itself, either implicitly by acquies- sectors, we should pause to celebrate, controls the Senate or occupies the White cence or explicitly by amendment. Both con- remember, and learn from the life of a House. servative and liberal legal scholars, includ- legislator who brokered solutions to ing those who see no constitutional problems SOLVING THE CRISIS these very same problems more than 30 The Senate has periodically faced the situ- with the current filibuster campaign, agree that a simple majority can change Senate years ago ‘‘Lud’’ Ashley, the distin- ation where the minority’s right to debate guished gentlemen who represented the has improperly overwhelmed the majority’s rules at the beginning of a new Congress. right to decide. And we have changed our A SIMPLE MAJORITY CAN UPHOLD A 9th Congressional District of Ohio. procedures in a way that preserves the mi- PARLIAMENTARY RULING Thomas Ludlow Ashley represented nority’s right to debate, and even to fili- An alternative strategy involves a par- the Toledo area from 1955 until 1981. He buster legislation, while solving the crisis at liamentary ruling in the context of consid- was a pragmatic progressive who knew hand. ering an individual nomination. This ap- how to broker a deal to move the Na- The Senate’s first legislative rules, adopt- proach can be pursued at any time, and tion forward. ed in 1789, directly reflected majority rule. would not actually amend Rule 22. The He was tapped by the late Speaker Rule 8 allowed a simple majority to ‘‘move precedent it would set depends on the spe- Tip O’Neill to lead the effort to develop the previous question’’ and proceed to vote cific ruling it produces and the facts of the on a pending matter. Invoked only three situation in which it arises. a bipartisan set of proposals to address times in 17 years, however, Rule 8 was Speculation, often inaccurate, abounds the Nation’s energy crisis. His work dropped in the Senate rules revision of 1806, about how this strategy would work. One laid the foundation for the passage of a meaning unanimous consent was then nec- newspaper, for example, offered a common series of bills that aimed to reduce our essary to end debate. Dozens of reform ef- description that this approach would seek ‘‘a dependence on oil and spur the re- forts during the 19th century tried to rein in ruling from the Senate parliamentarian that search and development of new, clean the minority’s abuse of the right to debate. the filibuster of executive nominations is un- energy sources. In 1917, President Woodrow Wilson described constitutional.’’ Under long-standing Senate We could use his advice and counsel what had become of majority rule: ‘‘The Sen- parliamentary precedent, however, the pre- ate of the United States is the only legisla- siding officer does not decide such constitu- today. tive body in the world which cannot act tional questions but submits them to the full Congressman Ashley made a pro- when its majority is ready for action. . . . Senate, where they are debatable and subject found difference in the well-being of ev- The only remedy is that the rules of the Sen- to Rule 22’s 60-vote requirement. A filibuster eryday Americans. He was known as

VerDate Mar 15 2010 03:17 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.017 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5316 CONGRESSIONAL RECORD — SENATE June 23, 2010 ‘‘Mr. Housing’’ for his leadership of the centennial. Some of the activities in- major at Southern Arkansas University in House Subcommittee on Housing and clude an opening ceremony, historical Magnolia. Community Development. In this role, power point presentation, historical Jared McMillan, 20, of Pine Bluff, Jefferson County, son of Dale and Teresa McMillan. He he authored landmark pieces of legisla- bus tour, musical entertainment, an is an animal science major at the University tion in the Housing and Community alumni football game, a magician of Arkansas at Monticello. Development Acts of 1974 and 1977. show, and an antique parade. Kevin Dale Morrison, 21, of Onyx, Yell ‘‘Americans sleep in better homes I ask the U.S. Senate to join me in County, son of Vernon and Elise Morrison. today because of Lud Ashley,’’ Senator congratulating Elgin, ND, and its resi- He is an agriculture business major with an once said of Congressman dents on the first 100 years and in wish- emphasis in animal science at Arkansas Ashley. ing them well through the next cen- Tech University in Russelville. As a legislator, Congressman Ashley Daniel Wade Walters, 20, of Fayetteville, tury. By honoring Elgin and all the Washington County, son of Danny and continued the family legacy of fighting other historic small towns of North Da- Bonita Walters. He is an agriculture business for equality. His great-grandfather, kota, we keep the great pioneering major at Arkansas Tech University in who represented Toledo in Congress frontier spirit alive for future genera- Russelville. during the Civil War era, co-authored tions. It is places such as Elgin that Fines ‘‘Levi’’ Hudson, 22, of Mt. Judea, the 13th amendment abolishing slav- have helped to shape this country into Newton County, son Richard and Anita Hud- son. He is a food, human nutrition and hospi- ery. A century later, Lud Ashley what it is today, which is why this fine worked tirelessly to secure the passage tality major with a dietetics concentration community is deserving of our recogni- at the University of Arkansas at Fayette- of the 1964 Civil Rights Act. tion. ∑ An Army veteran, who served in the ville. Elgin has a proud past and a bright f Pacific during World War II, Lud Ash- future.∑ ley returned home to pursue his edu- REMEMBERING REVEREND cation. He earned degrees from Yale f GERALD ARCHIE ‘‘G.A.’’ MANGUN University and the Ohio State Univer- ARKANSAS’S FARM BUREAU ∑ Mr. VITTER. Mr. President, today I sity College of Law. SCHOLARSHIP WINNERS wish to acknowledge Reverend Gerald Hearing the call to public service, ∑ Mrs. LINCOLN. Mr. President, today Archie ‘‘G.A’’ Mangun of Alexandria, Lud Ashley ran and won the privilege LA, and to honor his memory as an im- of representing the 9th Congressional I congratulate eight Arkansas college students who were recently selected as portant spiritual leader to the citizens District of Ohio in 1954. His service was of central Louisiana. I would like to defined by a passionate but collegial recipients of this year’s Arkansas Farm Bureau Foundation Scholarship take some time to make a few remarks devotion to liberal causes, one that about his legacy. earned him the respect and friendship Program. The students will receive $1,000 per semester for their agriculture Reverend Mangun passed away of his peers on both sides of the aisle. Thursday, June 17, 2010, at the age of I hope that my colleagues will take a studies in the 2010–2011 school year. These young Arkansans represent the 91. Reverend Mangun was born March moment to honor the life and legacy of 11, 1919, in LaPaz, IN. He was ordained Congressman Lud Ashley a great Ohi- best of our State, and I am pleased to see them receive this funding to ad- a minister in 1942 and spent the years oan and a great American. before coming to Alexandria preaching f vance their education and prepare them for their future agriculture ca- across the country. He then came to ADDITIONAL STATEMENTS reers. Agriculture is the backbone of Alexandria and was elected pastor of Arkansas’s economy, creating more the then-First United Pentecostal than 270,000 jobs in the State and pro- Church in 1950. ELGIN, NORTH DAKOTA Reverend Mangun relentlessly dedi- viding $9.1 billion in wages and sala- ∑ cated himself to reaching out to his Mr. CONRAD. Mr. President, today I ries. In total, agriculture contributes community through his church. His recognize a community in North Da- roughly $15.9 billion to the Arkansas church began small, with only 35 mem- kota that will be celebrating its 100th economy each year. bers, but with his unyielding dedica- anniversary. On July 17–20, the resi- To be eligible for the Farm Bureau tion and inspiration it continued to dents of Elgin will gather to celebrate scholarship, students must be Arkan- grow. Today, the Pentecostal Church of their community’s history and found- sas residents, members of a Farm Bu- Alexandria has a congregation num- ing. reau family, and enrolled as juniors or Elgin, a Northern Pacific Railroad bering more than 3,000. This growth in seniors in a State-accredited univer- town site, was first named Shanley, itself shows his spiritual leadership and sity. They must also maintain a 2.5 but became Elgin in 1910. The residents positive influence in the State of Lou- grade-point-average and pursue an ag- were having difficulty agreeing on a isiana. riculture-related degree. As a seventh new name, and Isadore Gintzler is said Through his leadership, the church generation Arkansan and farmer’s to have looked at his pocket watch to grew to be an integral part of the city daughter and as chairman of the Sen- check the time at a very late hour, and of Alexandria and the State of Lou- ate Agriculture Committee, I under- suggested its brand name, Elgin, as a isiana. His leadership, however, stand firsthand and appreciate the hard compromise name for the town site. reached far beyond his own State. For work and contributions of our farm Elgin watches are made in Elgin, IL, example, Reverend Mangun raised 1.13 families, and these students are quite which was named by founder James T. million for mission work in 2009 alone. deserving of this honor. Gifford for Elgin, Scotland. The post His impact in and outside of his own This year’s scholarship recipients office was established August 11, 1910. State and community have been re- are: Elgin was incorporated as a village in markable. 1911. Anna Elizabeth Buck, 21, of Delight, Pike Reverend Mangun suffered a stroke Some of the present day businesses County, daughter of Ricky and Rebecca on May 28, 2010, and passed away on Buck. She is an agricultural business major June 17, 2010. His passing is a great loss and accommodations that continue to with a marketing minor at Southern Arkan- thrive within the city of Elgin include sas University in Magnolia. to the State of Louisiana. However, his the Jacobson Memorial Hospital Care Laura Jones, 29, of Clinton, Washington legacy will continue through the Center and Clinics, Dakota Hill Hous- County, daughter of Rosemary and Willie hearts and minds of people he touched ing, a dentist, an eye clinic, a cafe and Jones. She is an animal science/pre-vet and influenced through his ministry. bowling alley, a grocery store, a hard- major at Arkansas State University in His impact continues to be felt today ware store, gas stations, a bank, ac- Jonesboro. throughout the country and around the counting offices, a drug store, insur- Mia Hand, 21, of Magnolia, Columbia Coun- world through his ministry and mis- ty, daughter of Rosanne Hand. She is an ag- sion work. Thus today, I am proud to ance agencies, a newspaper, the post of- ricultural education major at Southern Ar- fice, a lumber yard, a motel, a new pub- kansas University in Magnolia. honor Reverend Gerald Archie Mangun lic library, and grain elevators. Jaimie McMeechan, 23, of Gamaliel, Baxter for his service and leadership in his Citizens of Elgin have organized nu- County, daughter of William and Shirley community and in the State of Lou- merous activities to celebrate their McMeechan. She is an agriculture education isiana.∑

VerDate Mar 15 2010 05:14 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.016 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5317 MESSAGE FROM THE HOUSE President of the Senate on June 21, 2010; to a rule entitled ‘‘Establishment of Class E the Committee on Commerce, Science, and Airspace; Quitman, GA’’ ((RIN2120– At 12:44 p.m., a message from the Transportation. AA66)(Docket No. FAA–2010–0053)) received House of Representatives, delivered by EC–6324. A communication from the Senior in the Office of the President of the Senate Mrs. Cole, one of its reading clerks, an- Program Analyst, Federal Aviation Adminis- on June 21, 2010; to the Committee on Com- nounced that the House has agreed to tration, Department of Transportation, merce, Science, and Transportation. the following concurrent resolution: transmitting, pursuant to law, the report of EC–6333. A communication from the Senior a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- H. Con. Res. 288. Concurrent resolution proach Procedures (13); Amdt. No. 3377’’ tration, Department of Transportation, supporting National Men’s Health Week. (RIN2120–AA65) received in the Office of the transmitting, pursuant to law, the report of f President of the Senate on June 21, 2010; to a rule entitled ‘‘Amendment of Class E Air- the Committee on Commerce, Science, and space; Austin, TX’’ ((RIN2120–AA66)(Docket MEASURES REFERRED Transportation. No. FAA–2009–1152)) received in the Office of The following concurrent resolution EC–6325. A communication from the Senior the President of the Senate on June 21, 2010; was read, and referred as indicated: Program Analyst, Federal Aviation Adminis- to the Committee on Commerce, Science, tration, Department of Transportation, and Transportation. H. Con. Res. 288. Concurrent resolution transmitting, pursuant to law, the report of EC–6334. A communication from the Senior supporting National Men’s Health Week; to a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- the Committee on Health, Education, Labor, proach Procedures (12); Amdt. No. 3377’’ tration, Department of Transportation, and Pensions. (RIN2120–AA65) received in the Office of the transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- f President of the Senate on June 21, 2010; to the Committee on Commerce, Science, and space, Corpus Christi, TX’’ ((RIN2120– EXECUTIVE AND OTHER Transportation. AA66)(Docket No. FAA–2010–0089)) received COMMUNICATIONS EC–6326. A communication from the Senior in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- on June 21, 2010; to the Committee on Com- The following communications were tration, Department of Transportation, merce, Science, and Transportation. laid before the Senate, together with transmitting, pursuant to law, the report of EC–6335. A communication from the Senior accompanying papers, reports, and doc- a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- uments, and were referred as indicated: proach Procedures (12); Amdt. No. 3376’’ tration, Department of Transportation, (RIN2120–AA65) received in the Office of the transmitting, pursuant to law, the report of EC–6318. A communication from the Dep- President of the Senate on June 21, 2010; to a rule entitled ‘‘Amendment of Class E Air- uty Assistant Secretary for Export Adminis- the Committee on Commerce, Science, and space; Hoquiam, WA’’ ((RIN2120– tration, Bureau of Industry and Security, Transportation. AA66)(Docket No. FAA–2009–1063)) received Department of Commerce, transmitting, pur- EC–6327. A communication from the Senior in the Office of the President of the Senate suant to law, the report of a rule entitled Program Analyst, Federal Aviation Adminis- on June 21, 2010; to the Committee on Com- ‘‘Technical Amendment to Part 766 of the tration, Department of Transportation, merce, Science, and Transportation. EC–6336. A communication from the Senior Export Administration Regulations’’ transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- (RIN0694–AE93) received in the Office of the a rule entitled ‘‘Modification of Class C Air- tration, Department of Transportation, President of the Senate on June 21, 2010; to space; Beale Air Force Base, CA’’ ((RIN2120– transmitting, pursuant to law, the report of the Committee on Commerce, Science, and AA66)(Docket No. FAA–2010–0367)) received a rule entitled ‘‘Amendment of Class E Air- Transportation. in the Office of the President of the Senate space; Magnolia, AR’’ ((RIN2120– EC–6319. A communication from the Senior on June 21, 2010; to the Committee on Com- AA66)(Docket No. FAA–2009–1179)) received Regulations Analyst, Office of the Secretary merce, Science, and Transportation. in the Office of the President of the Senate of Transportation, Department of Transpor- EC–6328. A communication from the Senior on June 21, 2010; to the Committee on Com- tation, transmitting, pursuant to law, a rule Program Analyst, Federal Aviation Adminis- entitled ‘‘Transportation for Individuals merce, Science, and Transportation. tration, Department of Transportation, EC–6337. A communication from the Senior with Disabilities: Passenger Vessels’’ transmitting, pursuant to law, the report of (RIN2105–AB87) received in the Office of the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Class D and E tration, Department of Transportation, President of the Senate on June 21, 2010; to Airspace; Victorville, CA’’ ((RIN2120– the Committee on Commerce, Science, and transmitting, pursuant to law, the report of AA66)(Docket No. FAA–2009–1140)) received a rule entitled ‘‘Revision of Class E Airspace; Transportation. in the Office of the President of the Senate EC–6320. A communication from the Senior Kaltag, AK’’ ((RIN2120–AA66)(Docket No. on June 21, 2010; to the Committee on Com- FAA–2010–0082)) received in the Office of the Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. tration, Department of Transportation, President of the Senate on June 21, 2010; to EC–6329. A communication from the Senior the Committee on Commerce, Science, and transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Modification of Jet Routes Transportation. tration, Department of Transportation, EC–6338. A communication from the Senior J–32, J–38, and J–538; Minnesota’’ ((RIN2120– transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- AA66)(Docket No. FAA–2009–1080)) received a rule entitled ‘‘Establishment of Class E tration, Department of Transportation, in the Office of the President of the Senate Airspace; Mount Pleasant, SC’’ ((RIN2120– transmitting, pursuant to law, the report of on June 21, 2010; to the Committee on Com- AA66)(Docket No. FAA–2010–0069)) received a rule entitled ‘‘Revision of Class E Airspace; merce, Science, and Transportation. in the Office of the President of the Senate Wainwright, AK’’ ((RIN2120–AA66)(Docket EC–6321. A communication from the Senior on June 21, 2010; to the Committee on Com- No. FAA–2010–0080)) received in the Office of Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. the President of the Senate on June 21, 2010; tration, Department of Transportation, EC–6330. A communication from the Senior to the Committee on Commerce, Science, transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- and Transportation. a rule entitled ‘‘Revision of Restricted Area tration, Department of Transportation, EC–6339. A communication from the Senior R–2504; Camp Roberts, CA’’ ((Docket No. transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- FAA–2010–0557)(FAA Docket No. 2010–0557)) a rule entitled ‘‘Establishment of Class E tration, Department of Transportation, received in the Office of the President of the Airspace; Mount Pleasant, SC; Confirmation transmitting, pursuant to law, the report of Senate on June 21, 2010; to the Committee on of Effective Date’’ ((RIN2120–AA66)(Docket a rule entitled ‘‘Revision of Class E Airspace; Commerce, Science, and Transportation. No. FAA–2010–0069)) received in the Office of Nenana, AK’’ ((RIN2120–AA66)(Docket No. EC–6322. A communication from the Senior the President of the Senate on June 21, 2010; FAA–2010–0081)) received in the Office of the Program Analyst, Federal Aviation Adminis- to the Committee on Commerce, Science, President of the Senate on June 21, 2010; to tration, Department of Transportation, and Transportation. the Committee on Commerce, Science, and transmitting, pursuant to law, the report of EC–6331. A communication from the Senior Transportation. a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- EC–6340. A communication from the Senior proach Procedures (53); Amdt. No. 3375’’ tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- (RIN2120–AA65) received in the Office of the transmitting, pursuant to law, the report of tration, Department of Transportation, President of the Senate on June 21, 2010; to a rule entitled ‘‘Establishment of Class E transmitting, pursuant to law, the report of the Committee on Commerce, Science, and Airspace; Panama City, Tyndall AFB, FL’’ a rule entitled ‘‘Revision of Class E Airspace; Transportation. ((RIN2120–AA66)(Docket No. FAA–2010–0249)) Galena, AK’’ ((RIN2120–AA66)(Docket No. EC–6323. A communication from the Senior received in the Office of the President of the FAA–2010–0299)) received in the Office of the Program Analyst, Federal Aviation Adminis- Senate on June 21, 2010; to the Committee on President of the Senate on June 21, 2010; to tration, Department of Transportation, Commerce, Science, and Transportation. the Committee on Commerce, Science, and transmitting, pursuant to law, the report of EC–6332. A communication from the Senior Transportation. a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- EC–6341. A communication from the Senior proach Procedures (86); Amdt. No. 3374’’ tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- (RIN2120–AA65) received in the Office of the transmitting, pursuant to law, the report of tration, Department of Transportation,

VerDate Mar 15 2010 03:17 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.025 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5318 CONGRESSIONAL RECORD — SENATE June 23, 2010 transmitting, pursuant to law, the report of tration, Department of Transportation, FAA–2010–0219)) received in the Office of the a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of President of the Senate on June 21, 2010; to space; West Yellowstone, MT’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and AA66)(Docket No. FAA–2009–1101)) received Turbomeca Arriel 2B1 Turboshaft Engines’’ Transportation. in the Office of the President of the Senate ((RIN2120–AA64)(Docket No. FAA–2007–27009)) EC–6357. A communication from the Senior on June 21, 2010; to the Committee on Com- received in the Office of the President of the Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. Senate on June 21, 2010; to the Committee on tration, Department of Transportation, EC–6342. A communication from the Senior Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- EC–6350. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- Dassault-Aviation Model FALCON 2000 and transmitting, pursuant to law, the report of tration, Department of Transportation, FALCON 2000EX Airplanes’’ ((RIN2120– a rule entitled ‘‘Revocation and Establish- transmitting, pursuant to law, the report of AA64)(Docket No. FAA–2009–0791)) received ment of Class E Airspace; Nuiqsut, AK’’ a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate ((RIN2120–AA66)(Docket No. FAA–2010–0502)) Bombardier, Inc. Model CL–600–2C10 (Re- on June 21, 2010; to the Committee on Com- received in the Office of the President of the gional Jet Series 700, 701, and 702) Airplanes, merce, Science, and Transportation. Senate on June 21, 2010; to the Committee on Model CL–600–2D15 (Regional Jet Series 705) EC–6358. A communication from the Senior Commerce, Science, and Transportation. Airplanes, and Model CL–600–2D24 (Regional Program Analyst, Federal Aviation Adminis- EC–6343. A communication from the Senior Jet Series 900) Airplanes’’ ((RIN2120– tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- AA64)(Docket No. FAA–2009–1033)) received transmitting, pursuant to law, the report of tration, Department of Transportation, in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of on June 21, 2010; to the Committee on Com- Airbus Model A330–200 and –300 Series Air- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. planes, and Model A340–300 Series Airplanes’’ Bell Helicopter Textron Canada Model 222, EC–6351. A communication from the Senior ((RIN2120–AA64)(Docket No. FAA–2009–0914)) 222B, 222U, 230, and 430 Helicopters’’ Program Analyst, Federal Aviation Adminis- received in the Office of the President of the ((RIN2120–AA64)(Docket No. FAA–2008–0071)) tration, Department of Transportation, Senate on June 21, 2010; to the Committee on received in the Office of the President of the transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Senate on June 21, 2010; to the Committee on a rule entitled ‘‘Airworthiness Directives; EC–6359. A communication from the Senior Commerce, Science, and Transportation. Turbomeca S.A. MAKILA 1A and 1A1 Turbo- Program Analyst, Federal Aviation Adminis- EC–6344. A communication from the Senior shaft Engines’’ ((RIN2120–AA64)(Docket No. tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- FAA–2009–0982)) received in the Office of the transmitting, pursuant to law, the report of tration, Department of Transportation, President of the Senate on June 21, 2010; to a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of the Committee on Commerce, Science, and Empresa Brasileira de Aeronautica S.A. a rule entitled ‘‘Airworthiness Directives; Transportation. (EMBRAER) Model ERJ 170 Airplanes’’ Learjet Inc. Model 60 Airplanes’’ ((RIN2120– EC–6352. A communication from the Senior ((RIN2120–AA64)(Docket No. FAA–2010–0176)) AA64)(Docket No. FAA–2009–0495)) received Program Analyst, Federal Aviation Adminis- received in the Office of the President of the in the Office of the President of the Senate tration, Department of Transportation, Senate on June 21, 2010; to the Committee on on June 21, 2010; to the Committee on Com- transmitting, pursuant to law, the report of Commerce, Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; EC–6360. A communication from the Senior EC–6345. A communication from the Senior General Electric Company CF6–45 and CF6–50 Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- Series Turbofan Engines’’ ((RIN2120– tration, Department of Transportation, tration, Department of Transportation, AA64)(Docket No. FAA–2010–0068)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; on June 21, 2010; to the Committee on Com- Empresa Brasileira de Aeronautica S.A. PILATUS Aircraft Ltd. Model PC–7 Air- merce, Science, and Transportation. (EMBRAER) Model ERJ 190–100 STD, –100 planes’’ ((RIN2120–AA64)(Docket No. FAA– EC–6353. A communication from the Senior LR, –100 IGW, –200 STD, –200 LR, and –200 2010–0250)) received in the Office of the Presi- Program Analyst, Federal Aviation Adminis- IGW Airplanes’’ ((RIN2120–AA64)(Docket No. dent of the Senate on June 21, 2010; to the tration, Department of Transportation, FAA–2010–0175)) received in the Office of the Committee on Commerce, Science, and transmitting, pursuant to law, the report of President of the Senate on June 21, 2010; to Transportation. a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and EC–6346. A communication from the Senior Empresa Brasileira de Aeronautica S.A. Transportation. Program Analyst, Federal Aviation Adminis- (EMBRAER) Model EMB–135ER, –135KE, EC–6361. A communication from the Senior tration, Department of Transportation, –135KL, and –135LR Airplanes; and Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of EMBRAER Model EMB–145, –145ER, –145MR, tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; –145LR, –145XR, –145MP, and –145EP Air- transmitting, pursuant to law, the report of CFM International, S.A. Models CFM56–3 and planes’’ ((RIN2120–AA64)(Docket No. FAA– a rule entitled ‘‘Airworthiness Directives; –3B Turbofan Engines’’ ((RIN2120– 2010–0170)) received in the Office of the Presi- McDonnell Douglas Corporation Model MD– AA64)(Docket No. FAA–2009–0606)) received dent of the Senate on June 21, 2010; to the 11 and MD–11F Airplanes’’ ((RIN2120– in the Office of the President of the Senate Committee on Commerce, Science, and AA64)(Docket No. FAA–2009–0866)) received on June 21, 2010; to the Committee on Com- Transportation. in the Office of the President of the Senate merce, Science, and Transportation. EC–6354. A communication from the Senior on June 21, 2010; to the Committee on Com- EC–6347. A communication from the Senior Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, EC–6362. A communication from the Senior tration, Department of Transportation, transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; Honeywell International Inc. Auxiliary transmitting, pursuant to law, the report of Airbus Model A300 Series Airplanes; Airbus Power Unit Models GTCP36–150(R) and a rule entitled ‘‘Airworthiness Directives; Model A300 B4–600, B4–600R, and F4–600R Se- GTCP36–150(RR)’’ ((RIN2120–AA64)(Docket Stemme GmbH and Co. KG Model S10–VT ries Airplanes, and Model CR–605R Variant F No. FAA–2009–0803)) received in the Office of Powered Sailplanes’’ ((RIN2120–AA64)(Docket Airplanes (Collectively Called A300–600 Se- the President of the Senate on June 21, 2010; No. FAA–2008–0788)) received in the Office of ries Airplanes); and Model A310 Series Air- to the Committee on Commerce, Science, the President of the Senate on June 21, 2010; planes’’ ((RIN2120–AA64)(Docket No. FAA– and Transportation. to the Committee on Commerce, Science, 2010–0171)) received in the Office of the Presi- EC–6355. A communication from the Senior and Transportation. dent of the Senate on June 21, 2010; to the Program Analyst, Federal Aviation Adminis- EC–6363. A communication from the Senior Committee on Commerce, Science, and tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- Transportation. transmitting, pursuant to law, the report of tration, Department of Transportation, EC–6348. A communication from the Senior a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- proach Procedures (53); Amdt. No. 3375’’ a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, (RIN2120–AA65) received in the Office of the SOCATA Model TBM 700 Airplanes’’ transmitting, pursuant to law, the report of President of the Senate on June 21, 2010; to ((RIN2120–AA64)(Docket No. FAA–2010–0286)) a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and received in the Office of the President of the Microturbo Saphir 20 Model 095 Auxiliary Transportation. Senate on June 21, 2010; to the Committee on Power Units (APUs)’’ ((RIN2120– EC–6356. A communication from the Senior Commerce, Science, and Transportation. AA64)(Docket No. FAA–2010–0512)) received Program Analyst, Federal Aviation Adminis- EC–6364. A communication from the Senior in the Office of the President of the Senate tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- on June 21, 2010; to the Committee on Com- transmitting, pursuant to law, the report of tration, Department of Transportation, merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of EC–6349. A communication from the Senior Turbomeca Astazou XIV B and XIV H Turbo- a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- shaft Engines’’ ((RIN2120–AA64)(Docket No. AeroSpace Technologies of Australia Pty

VerDate Mar 15 2010 03:17 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.027 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5319 Ltd Models N22B, N22S, and N24A Airplanes’’ a rule entitled ‘‘Airworthiness Directives; S. 3525. A bill to repeal the Jones Act re- ((RIN2120–AA64)(Docket No. FAA–2010–0235)) Airbus Model A300 Series Airplanes; Model strictions on coastwise trade and for other received in the Office of the President of the A300 B4–600, B4–600R, F4–600R Series Air- purposes; to the Committee on Commerce, Senate on June 21, 2010; to the Committee on planes, and Model A300 C4–605R Variant F Science, and Transportation. Commerce, Science, and Transportation. Airplanes (Collectively Called A300–600 Se- By Mr. WICKER: EC–6365. A communication from the Senior ries Airplanes); and A310 Series Airplanes’’ S. 3526. A bill to require the GAO to evalu- Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64)(Docket No. FAA–2010–0172)) ate the propriety of assistance provided to tration, Department of Transportation, received in the Office of the President of the General Motors Corporation under the Trou- transmitting, pursuant to law, the report of Senate on June 21, 2010; to the Committee on bled Asset Relief Program, and for other pur- a rule entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. poses; to the Committee on Homeland Secu- Quartz Mountain Aerospace, Inc. Model 11E EC–6372. A communication from the Senior rity and Governmental Affairs. Airplanes’’ ((RIN2120–AA64)(Docket No. Program Analyst, Federal Aviation Adminis- f FAA–2010–0261)) received in the Office of the tration, Department of Transportation, President of the Senate on June 21, 2010; to transmitting, pursuant to law, the report of SUBMISSION OF CONCURRENT AND the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; SENATE RESOLUTIONS Transportation. BAE SYSTEMS (Operations) Limited Model EC–6366. A communication from the Senior BAe 146 Airplanes and Model Avro 146–RJ The following concurrent resolutions Program Analyst, Federal Aviation Adminis- Airplanes’’ ((RIN2120–AA64)(Docket No. and Senate resolutions were read, and tration, Department of Transportation, FAA–2008–0909)) received in the Office of the referred (or acted upon), as indicated: transmitting, pursuant to law, the report of President of the Senate on June 21, 2010; to By Mr. GRASSLEY: a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and Empresa Brasileira de Aeronautica S.A. S. Res. 562. A resolution to increase trans- Transportation. parency by requiring Senate amendments to (EMBRAER) Model EMB–135BJ, –135ER, EC–6373. A communication from the Senior –135KE, –135KL, –135LR, –145, –145ER, –145MR, be made available to the public in a timely Program Analyst, Federal Aviation Adminis- manner; to the Committee on Rules and Ad- –145LR, –145XR, –145MP, and –145EP Air- tration, Department of Transportation, planes’’ ((RIN2120–AA64)(Docket No. FAA– ministration. transmitting, pursuant to law, the report of By Mrs. FEINSTEIN (for herself and 2009–0132)) received in the Office of the Presi- a rule entitled ‘‘Airworthiness Directives; Mrs. BOXER): dent of the Senate on June 21, 2010; to the Thielert Aircraft Engines GmbH (TAE) Mod- Committee on Commerce, Science, and S. Res. 563. A resolution recognizing the els TAE 125–01 and TAE 125–02–99 Recipro- Los Angeles Lakers on their 2010 National Transportation. cating Engines Installed in, but not limited EC–6367. A communication from the Senior Basketball Association Championship and to, Diamond Aircraft Industries Model DA 42 congratulating the players, coaches, and Program Analyst, Federal Aviation Adminis- Airplanes’’ ((RIN2120–AA64)(Docket No. tration, Department of Transportation, staff for their outstanding achievements; to FAA–2009–0201)) received in the Office of the the Committee on the Judiciary. transmitting, pursuant to law, the report of President of the Senate on June 21, 2010; to By Mr. WEBB (for himself, Mr. INHOFE, a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and Mr. LIEBERMAN, Mr. DODD, and Mr. AVOX Systems and B/E Aerospace Oxygen Transportation. Cylinders as Installed on Various 14 CFR BOND): EC–6374. A communication from the Senior S. Res. 564. A resolution recognizing the Part 23 and CAR 3 Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- AA64)(Docket No. FAA–2010–0272)) received 50th anniversary of the ratification of the tration, Department of Transportation, Treaty of Mutual Security and Cooperation in the Office of the President of the Senate transmitting, pursuant to law, the report of on June 21, 2010; to the Committee on Com- with Japan, and affirming support for the a rule entitled ‘‘Airworthiness Directives; United States-Japan security alliance and merce, Science, and Transportation. Turbomeca Makila 2A Turboshaft Engines’’ EC–6368. A communication from the Senior relationship; to the Committee on Foreign ((RIN2120–AA64)(Docket No. FAA–2010–0411)) Program Analyst, Federal Aviation Adminis- Relations. received in the Office of the President of the tration, Department of Transportation, Senate on June 21, 2010; to the Committee on f transmitting, pursuant to law, the report of Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; ADDITIONAL COSPONSORS Dowty Propellers R175/4-30–4/13; R175/4-30–4/ f S. 311 13e; R184/4-30–4/50; R193/4-30–4/50; R193/4-30–4/ REPORTS OF COMMITTEES 61; R193/4-30–4/64; R193/4-30–4/65; R193/4-30–4/66; At the request of Mrs. BOXER, the R.209/4-40–4.5/2; R212/4-30–4/22; R.245/4-40–4.5/13; The following reports of committees name of the Senator from Illinois (Mr. R257/4-30–4/60; and R.259/4-40–4.5/17 Model Pro- were submitted: DURBIN) was added as a cosponsor of S. pellers’’ ((RIN2120–AA64)(Docket No. FAA– By Mr. LIEBERMAN, from the Committee 311, a bill to prohibit the application of 2008–0750)) received in the Office of the Presi- on Homeland Security and Governmental Af- certain restrictive eligibility require- dent of the Senate on June 21, 2010; to the fairs, with an amendment: ments to foreign nongovernmental or- Committee on Commerce, Science, and S. 3249. A bill to amend the Robert T. Staf- ganizations with respect to the provi- Transportation. ford Disaster Relief and Emergency Assist- EC–6369. A communication from the Senior sion of assistance under part I of the ance Act to reauthorize the predisaster haz- Program Analyst, Federal Aviation Adminis- Foreign Assistance Act of 1961. ard mitigation program and for other pur- tration, Department of Transportation, poses (Rept. No. 111–215). S. 831 transmitting, pursuant to law, the report of At the request of Mr. KERRY, the a rule entitled ‘‘Airworthiness Directives; f Bombardier, Inc. Model CL–600–1A11 (CL– name of the Senator from West Vir- 600), CL–600–2A12 (CL–601), and CL–600–2B16 INTRODUCTION OF BILLS AND ginia (Mr. BYRD) was added as a co- (CL–601–3A, CL–601–3R, and CL–604 Variants) JOINT RESOLUTIONS sponsor of S. 831, a bill to amend title Airplanes’’ ((RIN2120–AA64)(Docket No. The following bills and joint resolu- 10, United States Code, to include serv- FAA–2010–0169)) received in the Office of the tions were introduced, read the first ice after September 11, 2001, as service President of the Senate on June 21, 2010; to and second times by unanimous con- qualifying for the determination of a the Committee on Commerce, Science, and sent, and referred as indicated: reduced eligibility age for receipt of Transportation. non-regular service retired pay. EC–6370. A communication from the Senior By Mr. KOHL (for himself, Ms. SNOWE, Program Analyst, Federal Aviation Adminis- and Mr. LIEBERMAN): S. 931 tration, Department of Transportation, S. 3523. A bill to reauthorize the Hollings At the request of Mr. FEINGOLD, the transmitting, pursuant to law, the report of Manufacturing Extension Partnership Pro- name of the Senator from Ohio (Mr. a rule entitled ‘‘Airworthiness Directives; gram, and for other purposes; to the Com- BROWN) was added as a cosponsor of S. Gulfstream Aerospace LP (Type Certificate mittee on Commerce, Science, and Transpor- 931, a bill to amend title 9 of the United tation. Previously Held by Israel Aircraft Indus- States Code with respect to arbitra- tries, Ltd.) Model Gulfstream 100 Airplanes, By Mrs. HUTCHISON: and Model Astra SPX and 1125 Westwind S. 3524. A bill to authorize the Secretary of tion. Astra Airplanes’’ ((RIN2120–AA64)(Docket the Interior to enter into a cooperative S. 1055 No. FAA–2010–0034)) received in the Office of agreement for a park headquarters at San At the request of Mrs. BOXER, the the President of the Senate on June 21, 2010; Antonio Missions National Historical Park, name of the Senator from Wyoming to expand the boundary of the Park, to con- to the Committee on Commerce, Science, (Mr. ENZI) was added as a cosponsor of and Transportation. duct a study of potential land acquisitions, EC–6371. A communication from the Senior and for other purposes; to the Committee on S. 1055, a bill to grant the congres- Program Analyst, Federal Aviation Adminis- Energy and Natural Resources. sional gold medal, collectively, to the tration, Department of Transportation, By Mr. MCCAIN (for himself and Mr. 100th Infantry Battalion and the 442nd transmitting, pursuant to law, the report of RISCH): Regimental Combat Team, United

VerDate Mar 15 2010 05:14 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.029 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5320 CONGRESSIONAL RECORD — SENATE June 23, 2010 States Army, in recognition of their S. 3412, a bill to provide emergency op- sisting in responding to the Deepwater dedicated service during World War II. erating funds for public transportation. Horizon oil spill. S. 1553 S. 3466 S. 3513 At the request of Mr. GRASSLEY, the At the request of Mr. LEAHY, the At the request of Mr. BAUCUS, the name of the Senator from Mississippi names of the Senator from Vermont name of the Senator from New Jersey (Mr. COCHRAN) was added as a cospon- (Mr. SANDERS) and the Senator from (Mr. MENENDEZ) was added as a cospon- sor of S. 1553, a bill to require the Sec- Minnesota (Ms. KLOBUCHAR) were added sor of S. 3513, a bill to amend the Inter- retary of the Treasury to mint coins in as cosponsors of S. 3466, a bill to re- nal Revenue Code of 1986 to extend for commemoration of the National Fu- quire restitution for victims of crimi- one year the special depreciation al- ture Farmers of America Organization nal violations of the Federal Water lowances for certain property. and the 85th anniversary of the found- Pollution Control Act, and for other S. 3516 ing of the National Future Farmers of purposes. At the request of Mr. BINGAMAN, the America Organization. S. 3469 name of the Senator from Michigan TABENOW S. 1756 At the request of Mr. BENNET, the (Ms. S ) was added as a cospon- sor of S. 3516, a bill to amend the Outer At the request of Mr. HARKIN, the name of the Senator from Louisiana Continental Shelf Lands Act to reform name of the Senator from Massachu- (Ms. LANDRIEU) was added as a cospon- the management of energy and mineral setts (Mr. KERRY) was added as a co- sor of S. 3469, a bill to build capacity sponsor of S. 1756, a bill to amend the and provide support at the leadership resources on the Outer Continental Age Discrimination in Employment level for successful school turnaround Shelf, and for other purposes. Act of 1967 to clarify the appropriate efforts. S.J. RES. 29 At the request of Mrs. FEINSTEIN, the standard of proof. S. 3471 names of the Senator from Minnesota S. 3232 At the request of Mr. DORGAN, the (Mr. FRANKEN), the Senator from North At the request of Mr. BURR, the name name of the Senator from Montana Carolina (Mrs. HAGAN) and the Senator of the Senator from Vermont (Mr. (Mr. TESTER) was added as a cosponsor from Louisiana (Ms. LANDRIEU) were SANDERS) was added as a cosponsor of of S. 3471, a bill to improve access to added as cosponsors of S.J. Res. 29, a S. 3232, a bill to amend the Internal capital, bonding authority, and job joint resolution approving the renewal Revenue Code of 1986 to make employ- training for Native Americans and pro- of import restrictions contained in the ers of spouses of military personnel eli- mote native community development Burmese Freedom and Democracy Act gible for the work opportunity credit. financial institutions and Native of 2003. S. 3234 American small business opportunities, S. CON. RES. 63 At the request of Mrs. MURRAY, the and for other purposes. At the request of Mr. JOHNSON, the name of the Senator from Washington S. 3474 name of the Senator from Oklahoma (Ms. CANTWELL) was added as a cospon- At the request of Mr. FEINGOLD, the (Mr. COBURN) was added as a cosponsor sor of S. 3234, a bill to improve employ- name of the Senator from Indiana (Mr. of S. Con. Res. 63, a concurrent resolu- ment, training, and placement services BAYH) was added as a cosponsor of S. tion expressing the sense of Congress furnished to veterans, especially those 3474, a bill to provide an optional fast- that Taiwan should be accorded ob- serving in Operation Iraqi Freedom and track procedure the President may use server status in the International Civil Operation Enduring Freedom, and for when submitting rescission requests, Aviation Organization (ICAO). other purposes. and for other purposes. S. RES. 552 S. 3320 S. 3478 At the request of Mr. BENNET, the At the request of Mr. WHITEHOUSE, At the request of Mr. SCHUMER, the names of the Senator from Idaho (Mr. the names of the Senator from North name of the Senator from New Hamp- RISCH) and the Senator from Mis- Dakota (Mr. DORGAN), the Senator shire (Mrs. SHAHEEN) was added as a co- sissippi (Mr. COCHRAN) were added as from Washington (Ms. CANTWELL), the sponsor of S. 3478, a bill to amend title cosponsors of S. Res. 552, a resolution Senator from Michigan (Ms. 46, United States Code, to repeal cer- designating June 23, 2010, as ‘‘Olympic STABENOW), the Senator from Nevada tain limitations of liability and for Day’’. (Mr. REID), the Senator from Hawaii other purposes. AMENDMENT NO. 4324 (Mr. INOUYE) and the Senator from In- S. 3509 At the request of Mr. WHITEHOUSE, diana (Mr. BAYH) were added as cospon- At the request of Mr. UDALL of Colo- the name of the Senator from Alabama sors of S. 3320, a bill to amend the Pub- rado, the name of the Senator from (Mr. SESSIONS) was added as a cospon- lic Health Service Act to provide for a Michigan (Ms. STABENOW) was added as sor of amendment No. 4324 intended to Pancreatic Cancer Initiative, and for a cosponsor of S. 3509, a bill to amend be proposed to H.R. 4213, a bill to other purposes. the Energy Policy Act of 2005 to pro- amend the Internal Revenue Code of S. 3335 mote the research and development of 1986 to extend certain expiring provi- At the request of Mr. COBURN, the technologies and best practices for the sions, and for other purposes. name of the Senator from North Caro- safe development and extraction of f lina (Mr. BURR) was added as a cospon- natural gas and other petroleum re- STATEMENTS ON INTRODUCED sor of S. 3335, a bill to require Congress sources, and for other purposes. BILLS AND JOINT RESOLUTIONS to establish a unified and searchable S. 3510 By Mr. KOHL (for himself, Ms. database on a public website for con- At the request of Mr. CONRAD, the gressional earmarks as called for by SNOWE, and Mr. LIEBERMAN): name of the Senator from New Jersey S. 3523. A bill to reauthorize the Hol- the President in his 2010 State of the (Mr. MENENDEZ) was added as a cospon- Union Address to Congress. lings Manufacturing Extension Part- sor of S. 3510, a bill to amend the Inter- nership Program, and for other pur- S. 3411 nal Revenue Code of 1986 to perma- poses; to the Committee on Commerce, At the request of Mrs. GILLIBRAND, nently extend the 15-year recovery pe- Science, and Transportation. the name of the Senator from Min- riod for qualified leasehold improve- Mr. KOHL. Mr. President, I rise nesota (Ms. KLOBUCHAR) was added as a ment property, qualified restaurant today to introduce legislation to reau- cosponsor of S. 3411, a bill to provide property, and qualified retail improve- thorize the Manufacturing Extension for the adjustment of status for certain ment property. Partnership program. I want to thank Haitian orphans paroled into the S. 3512 my cosponsors, Senators SNOWE and United States after the earthquake of At the request of Mrs. HUTCHISON, the LIEBERMAN for their support of this leg- January 12, 2010. name of the Senator from Wyoming islation and for their long-time support S. 3412 (Mr. BARRASSO) was added as a cospon- of this program. At the request of Mr. DODD, the name sor of S. 3512, a bill to provide a statu- For the last few years, there have of the Senator from Pennsylvania (Mr. tory waiver of compliance with the been too many jobs lost, and the manu- SPECTER) was added as a cosponsor of Jones Act to foreign flagged vessels as- facturing sector has been particularly

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My home State of Wisconsin meet this requirement takes away create and maintain such Center, the Sec- has been particularly hard hit—in the from their time with manufacturers. retary shall provide such Center assistance last 10 years we have lost 168,000 manu- The bill changes the cost share to 50/ that is— ‘‘(1) in addition to assistance otherwise facturing jobs, nearly a 30 percent drop 50—in line with most other programs provided to such Center under this section; in the manufacturing workforce. at the Commerce Department—and and Despite these struggles, our Nation calls for a study to determine if this ‘‘(2) in an amount determined according to remains the world’s largest manufac- level is reasonable for the long-term. a formula the Secretary shall establish for turing economy, and still employs a As I mentioned, state funding is one purposes of this subsection.’’. sizable percentage of our workforce. key component of a MEP Center’s (c) AUTHORIZATION OF APPROPRIATIONS.— We must continue to do better, and budget, and one area where funding has (1) IN GENERAL.—There are authorized to be appropriated to carry out subsections (a) work harder for our manufacturers. To been constrained as of late. In re- through (e) of such section 25— put it simply, a strong manufacturing sponse, this legislation authorizes a $5 (A) $145,000,000 for fiscal year 2011; sector means a strong economy. Re- million State incentive program. We (B) $155,000,000 for fiscal year 2012; taining and creating manufacturing should encourage State participation (C) $165,000,000 for fiscal year 2013; jobs grows our prosperity. to grow this program, and make it a (D) $175,000,000 for fiscal year 2014; and That is why the MEP remains a good true partnership between the State, (E) $185,000,000 for fiscal year 2015. investment for our country. The MEP Federal Government and private sec- (2) COMPETITIVE GRANT PROGRAM.—There is is the only public-private program authorized to be appropriated to carry out tor. subsection (f) of such section $5,000,000 for dedicated to providing technical sup- Finally, the bill creates a separate each of the fiscal years 2011 through 2015. port and services to small and medium- funding authorization for the Competi- (3) STATE INCENTIVE PROGRAM.—There is sized manufacturers, helping them pro- tive Grant Program created in the 2007 authorized to be appropriated to carry out vide quality jobs for American work- America COMPETES Bill. This will en- subsection (g) of such section, as added by ers. The MEP is a nationwide network sure that funding for the base MEP subsection (b) of this section, $5,000,000 for of proven resources that enables manu- program goes to the existing MEP cen- each of the fiscal years 2011 through 2015. facturers to compete globally, supports ters and allows Congress and the Com- (d) DESIGNATION OF PROGRAM.— (1) IN GENERAL.—Such section 25 (15 U.S.C. greater supply chain integration, and merce Department to separately fund 278k) is further amended by adding at the provides access to information, train- new, innovative services for our manu- end the following: ing, and technologies that improve effi- facturers. ‘‘(h) DESIGNATION.— ciency, productivity, and profitability. Mr. President, I ask unanimous con- ‘‘(1) HOLLINGS MANUFACTURING EXTENSION MEP’s results are undeniable. In fis- sent that the text of the bill be printed PARTNERSHIP PROGRAM.—The program under cal year 2009 alone, based on services in the RECORD. this section shall be known as the ‘Hollings provided in 2008, MEP projects with There being no objection, the text of Manufacturing Extension Partnership Pro- gram’. small and medium-sized manufacturers the bill was ordered to be printed in ‘‘(2) HOLLINGS MANUFACTURING EXTENSION created or retained 52,948 jobs nation- the RECORD, as follows: CENTERS.—The Regional Centers for the wide, generated more than $9.1 billion S. 3523 Transfer of Manufacturing Technology cre- in sales, and provided cost savings of Be it enacted by the Senate and House of Rep- ated and supported under subsection (a) shall more than $1.4 billion. resentatives of the United States of America in be known as the ‘Hollings Manufacturing Ex- In my home State of Wisconsin, the Congress assembled, tension Centers’ (in this Act referred to as results are just as impressive. Wis- SECTION 1. SHORT TITLE. the ‘Centers’).’’. consin is home to two MEP Centers, This Act may be cited as the ‘‘Hollings (2) CONFORMING AMENDMENT TO CONSOLI- Manufacturing Extension Partnership Pro- DATED APPROPRIATIONS ACT, 2005.—Division B and in the last year, Wisconsin compa- of title II of the Consolidated Appropriations nies that worked with the two centers gram Reauthorization Act of 2010’’. SEC. 2. REAUTHORIZATION OF HOLLINGS MANU- Act, 2005 (Public Law 108–447; 118 Stat. 2879; were able to save or create more than FACTURING EXTENSION PARTNER- 15 U.S.C. 278k note) is amended under the 1,200 jobs, generate $118.6 million in SHIP PROGRAM. heading ‘‘INDUSTRIAL TECHNOLOGY SERVICES’’ sales, make $54 million in new invest- (a) HOLLINGS MANUFACTURING EXTENSION by striking ‘‘2007: Provided further, That’’ and ments, and generate $19.3 million in PARTNERSHIP PROGRAM COST-SHARING.—Sec- all that follows through ‘‘Extension Cen- cost savings. tion 25(c) of the National Institute of Stand- ters.’’ and inserting ‘‘2007.’’. Our small- and medium-sized manu- ards and Technology Act (15 U.S.C. 278k(c)) (3) TECHNICAL AMENDMENT.—Section 25(a) facturers face different challenges than is amended by adding at the end the fol- of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is amend- larger companies, especially in this lowing: ‘‘(7) Notwithstanding paragraphs (1), (3), ed in the matter preceding paragraph (1) by tough economy. The improvements and (5), for each of the fiscal years 2011 striking ‘‘Regional Centers for the Transfer that come to a business from working through 2013, the Secretary may not provide of Manufacturing Technology’’ and inserting with an MEP Center can mean the dif- a Center with more than 50 percent of the ‘‘regional centers for the transfer of manu- ference between profitability and costs incurred by such Center and may not facturing technology’’. growth or shutting their doors. It is require that a Center’s cost share exceed 50 vital that we support our manufactur- percent. By Mrs. HUTCHISON: S. 3524. A bill to authorize the Sec- ers, and so it is equally vital that we ‘‘(8) Not later than 2 years after the date of retary of the Interior to enter into a continue strong support for MEP. the enactment of this paragraph, the Sec- retary shall submit a report to Congress on cooperative agreement for a park head- The bill I have introduced today re- the cost share requirements under the Cen- quarters at San Antonio Missions Na- authorizes the MEP program for 5 ters program, which shall— tional Historical Park, to expand the years, through fiscal year 2015, and au- ‘‘(A) analyze various cost share structures, boundary of the Park, to conduct a thorizes $825 million for the base pro- including— study of potential land acquisitions, gram over those 5 years. This increase ‘‘(i) the cost share structure in place before and for other purposes; to the Com- is in line with what President Obama the date of the enactment of this paragraph; ‘‘(ii) the cost share structure in place mittee on Energy and Natural Re- called for in his budget and is a reason- sources. able amount of growth at a time when under paragraph (7); and ‘‘(iii) the effect of such cost share struc- Mrs. HUTCHISON. Mr. President, we must scrutinize all Federal invest- tures on individual Centers and the overall today I rise to speak on the San Anto- ments. program; and nio Missions National Historical Park The bill also includes Senator ‘‘(B) include a recommendation for struc- Boundary Expansion Act of 2010. This SNOWE’s legislation to change the cost- turing the cost share requirement after fis- legislation will preserve and enhance share percentage for MEP Centers to cal year 2013 to best provide for the long- one of Texas’ most historic regions. fully-access Federal funding. At a time term sustainability of the program.’’. Additionally, it will provide for a new of tight State budgets, and at a time (b) STATE INCENTIVE PROGRAM.—Section 25 education center so folks from around when manufacturers have less funding of such Act (15 U.S.C. 278k) is amended by adding at the end the following: the nation can learn more about one of to pay for MEP services, MEP Centers ‘‘(g) STATE INCENTIVE PROGRAM.—If a State the many historic gems Texas has to are finding it harder and harder to provides financial support to a Center in ex- offer. meet the current 2/3 cost-share require- cess of 25 percent of the capital and annual I would like to commend Congress- ment. The time they must take to operating and maintenance funds required to man CIRO RODRIGUEZ for his leadership

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As Span- of such difficult economic times. ment website and any other amendment ish explorers travelled through mod- The Jones Act also adds a real, direct website made available to the public by en- ern-day Texas, Catholic missionaries cost to consumers—particularly con- suring that— and soldiers accompanied the group sumers in Hawaii and Alaska. A 1988 (1) all amendments are scanned and posted and established the missions and forts GAO report found that the Jones Act on the website in their entirety; we now benefit from in the San Anto- was costing Alaskan families between (2) all submitted amendments have their nio Missions National Historical Park. $1,921 and $4,821 annually for increased purpose inputted when they are entered into the website; The missions and forts were originally prices paid on goods shipped from the (3) all amendments are identified on the established to protect Spanish land mainland. In 1997, a Hawaii govern- website as first degree or second degree and claims from the French in Louisiana. ment official asserted that ‘‘Hawaii by what bill or amendment they are offered, The missions and forts were also im- residents pay an additional $1 billion if available; portant to Spain in order to spread per year in higher prices because of the (4) all amendments on the website have the their influence and recruit new citizens Jones Act. This amounts to approxi- dates they were submitted, proposed, and for Spain’s expanding empire. The San mately $3,000 for every household in disposed of; and Antonio Missions National Historical Hawaii.’’ (5) all amendments and any associated metadata are permanently available on the Park preserves the 18th century mis- This antiquated and protectionist website or the Legislative Information Sys- sions on site and offers visitors an op- law has been predominantly featured in tem (LIS)/THOMAS sites. portunity to learn about the historical the news as of late due to the Gulf SEC. 3. FUNDING. importance that the area played in vo- Coast oil spill. Within a week of the ex- It is the sense of the Senate that appro- cational and educational training dur- plosion, 13 countries, including several priations should be made available through ing the 1700s. European nations, offered assistance the appropriations process to carry out this Furthermore, the park exemplifies from vessels and crews with experience resolution. the diverse cultural influences we in removing oil spill debris, and as of Mr. GRASSLEY. Mr. President, I ad- enjoy in Texas. The park’s cultural in- June 2l, the State Department has ac- dress my colleagues for the purpose of fluences can be seen through the for- knowledged that overall ‘‘it has had 21 submitting a resolution that will bring mation of San Antonio Missions Na- aid offers from 17 countries.’’ However, about greater transparency in govern- tional Historical Park, the largest con- due to the Jones Act, these vessels are ment. I think my colleagues know I centration of historical Catholic mis- not permitted in U.S. waters. have a long history in promoting this sions in North America. The park also The Administration has the ability sort of transparency. I believe the more has some of the most effectively main- to grant a waiver of the Jones Act to people are aware of what we are doing tained Spanish colonial architecture in any vessel—just as the previous Ad- in the Senate and the Congress, or in the United States. The rich history of ministration did during Hurricane Washington generally, the more ac- the San Antonio Missions Historic Katrina—to allow the international countable we are. The more account- Park must be preserved for future gen- community to assist in recovery ef- able we are, the better job we will do. erations to enjoy. I am pleased to join forts. Unfortunately, this Administra- I hope everybody agrees that is a pret- Congressman RODRIGUEZ in supporting tion has not done so. ty simple concept. the San Antonio Missions. Therefore, some Senators have put Today, the purpose I come to the forward legislation to waive the Jones Senate floor is to submit a resolution By Mr. MCCAIN (for himself and Act during emergency situations, and I that will improve transparency in this Mr. RISCH): am proud to cosponsor this legislation. body and hold us all more accountable S. 3525. A bill to repeal the Jones Act However, the best course of action is to to the people we serve; in other words, restrictions on coastwise trade and for permanently repeal the Jones Act in reminding the people that we work for other purposes; to the Committee on order to boost the economy, saving them; they do not work for us. Commerce, Science, and Transpor- consumers hundreds of millions of dol- This resolution requires the Sec- tation. lars. I hope my colleagues will join me retary of the Senate to make filed Mr. MCCAIN. Mr. President, today I in this effort to repeal this unneces- amendments publicly available as soon am pleased to introduce legislation sary, antiquated legislation in order to as they are made available to Members that would fully repeal the Jones Act, spur job creation and promote free and staff. I will show, in just a minute, a 1920s law that hinders free trade and trade. that they are almost immediately favors labor unions over consumers. made available to Members and staff. f Specifically, the Jones Act requires So why not the public? that all goods shipped between water- SUBMITTED RESOLUTIONS In this day and age you would think borne ports of the United States be car- this was already happening. We live in ried by vessels built in the United a world of 24-hour news. We live in a States and owned and operated by SENATE RESOLUTION 562—TO IN- world of instant coverage over the Americans. This restriction only serves CREASE TRANSPARENCY BY RE- Internet of just about everything. Yet to raise shipping costs, thereby making QUIRING SENATE AMENDMENTS we have not been allowing the general U.S. farmers less competitive and in- TO BE MADE AVAILABLE TO THE public to get this information real creasing costs for American consumers. PUBLIC IN A TIMELY MANNER time. My proposal would add more This was highlighted by a 1999 U.S. Mr. GRASSLEY submitted the fol- transparency to how the Senate works International Trade Commission eco- lowing resolution; which was referred and what we are debating on the Sen- nomic study, which suggested that a to the Committee on Rules and Admin- ate floor. repeal of the Jones Act would lower istration: Some might question whether this is shipping costs by approximately 22 per- necessary. Under the current system, S. RES. 562 cent. Also, a 2002 economic study from the public is usually able to see an Resolved, the same Commission found that re- amendment the next day in the CON- SECTION 1. AVAILABILITY TO THE PUBLIC. pealing the Jones Act would have an GRESSIONAL RECORD. So I want to say annual positive welfare effect of $656 Not later than 6 months after the date of adoption of this resolution, the Secretary of why that is not good enough. In many million on the overall U.S. economy. the Senate shall make the Senate amend- cases, that may simply be too late. Since these studies are the most recent ment database (ats.senate.gov or a similar Under the current system, the public statistics available, imagine the im- amendment database) available to the public may not be able to see the amendment pact a repeal of the Jones Act would on a public website in a manner that will until after debate has begun or even

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Jabbar, and James Worthy; cember and again in March where hun- My resolution is this simple: It would Whereas Phil Jackson has won more cham- dreds of amendments were filed and simply make this or a similar Web site pionships than any other coach in NBA his- votes were cast well past midnight. available to the public, much like al- tory, recording his 11th championship this In fact, today we make the vote ready is done with the Legislative In- year and 5th with the Lakers; count public on the Internet within an formation System site or the Thomas Whereas the 2010 NBA Championship hour of when a vote takes place. But site at the Library of Congress. marks the 10th for the Lakers owner Gerald Hatten Buss; we might not be able to make the sub- That way, the public gets to see ex- Whereas general manager Mitch Kupchak stance of what we voted on available actly what we Members and our staffs has built a team that has exemplified the until the next day. So we let the public are seeing almost immediately after talent, character, and resilience necessary to see how we voted, but we do not always filing. They get the same information repeat as NBA Champions; let them see what we voted on. Of and can provide their input prior to a Whereas Kobe Bryant won his 5th NBA course, that does not make sense. vote. Championship, tying him with Earvin Just last night, Members tried to call There is a lot of distrust of govern- ‘‘Magic’’ Johnson and Derek Fisher for the up and pass various amendments. But ment these days. People believe Con- most by a Lakers player; only the most experienced Washington Whereas Kobe Bryant averaged 28.6 points, gress is ignoring what the public 8.0 rebounds, and 3.9 assists during the NBA insider would have been able to actu- thinks and what the public wants. Finals, en route to winning his 2nd consecu- ally find copies of those amendments. Some of this is the result of the poli- tive NBA Finals Most Valuable Player Shouldn’t we have some kind of search- cies that are being considered around Award and becoming just the 8th player to able system for amendments to allow here. But it also has to do with the win the award on multiple occasions; our constituents the same access to in- lack of transparency and account- Whereas Ron Artest, whose hustle and de- formation that some seasoned lobbyist ability in government. fensive tenacity were critical to the Lakers’ or some seasoned congressional staffer I am not saying this resolution is win, recorded 20 points and 5 steals during has? Game 7 of the NBA Finals; going to fix all that is wrong with that Whereas the frontcourt of Pau Gasol, An- Don’t we want to give our constitu- distrust that is expressed—because it drew Bynum, and Lamar Odom played sti- ents a chance to see the amendments will not—but this resolution is one fling defense and helped the Lakers out-re- before we vote on them, if they are in- more step toward letting a little more bound the Celtics in the decisive Game 7; terested in reading them? Don’t we sunshine into this Chamber. This Whereas Derek Fisher consistently showed want to know what our constituents straightforward resolution will in- toughness and leadership and scored 16 crit- think about amendments before we crease transparency, it will promote ical points in Game 3 in Boston; vote on them? accountability, and it will make us all Whereas the Lakers bench scored 25 points in a pivotal Game 6, and players Jordan In order for that to happen, they better representatives of the people we have to know what those amendments Farmar, Luke Walton, Sasha Vujacic, Shan- serve. non Brown, Josh Powell, and DJ Mbenga all are that have been filed. Of course, I I hope the Senate will consider this contributed to the team’s 2010 Champion- am not talking about an amendment resolution at some point in the near fu- ship; that might change a word here or a ture, and I also urge my colleagues to Whereas the Lakers posted a record of 57– word there—although those should be support it. The public deserves access 25 during the regular season, the best record publicly available as well. Some to this information on the same basis in the Western Conference and 3rd best in amendments I am talking about are as those of us who are closely con- the NBA; and Whereas the Los Angeles Lakers have dem- hundreds of pages long and even con- nected to this institution—meaning stitute a complete rewrite of an under- onstrated that they are both champions on the Members and our staffs. the court and in the community through the lying bill. f team’s involvement in charity and outreach Today, we will likely see our fifth programs throughout the Southern Cali- version of the extenders bill that is SENATE RESOLUTION 563—RECOG- fornia community: Now, therefore, be it now the pending business on the floor NIZING THE LOS ANGELES Resolved, That the Senate recognizes and of the Senate, and that fifth version LAKERS ON THEIR 2010 NA- congratulates— would be in the form of an amendment. TIONAL BASKETBALL ASSOCIA- (1) the Los Angeles Lakers for winning the But our constituents may not be able TION CHAMPIONSHIP AND CON- 2010 NBA Finals; to see that until tomorrow. GRATULATING THE PLAYERS, (2) the Boston Celtics for winning the NBA Eastern Conference Championship and con- Shouldn’t the public be able to see COACHES, AND STAFF FOR tinuing a timeless rivalry; and that amendment as soon as we Mem- THEIR OUTSTANDING ACHIEVE- (3) coach Phil Jackson for winning his bers or our staffs can read that amend- MENTS record-setting 11th championship. ment? This is a representative system Mrs. FEINSTEIN (for herself and f of government, and it is impossible to Mrs. BOXER) submitted the following represent the American people if they SENATE RESOLUTION 564—RECOG- resolution; which was referred to the NIZING THE 50TH ANNIVERSARY do not have access to the same infor- Committee on the Judiciary: mation we have. OF THE RATIFICATION OF THE In addition to those who will ques- S. RES. 563 TREATY OF MUTUAL SECURITY tion whether this is necessary, others Whereas on June 17, 2010, the Los Angeles AND COOPERATION WITH JAPAN, might wonder whether it is even pos- Lakers won the 2010 National Basketball As- AND AFFIRMING SUPPORT FOR sociation (NBA) Championship with a 83–79 sible, like technically possible. THE UNITED STATES-JAPAN SE- victory over the Boston Celtics in Game 7 of CURITY ALLIANCE AND RELA- In fact, we are already doing it. That the NBA Finals; is right. The amendments are already Whereas during the 2010 NBA Playoffs, the TIONSHIP available electronically to Senate of- Lakers defeated the Oklahoma City Thunder, Mr. WEBB (for himself, Mr. INHOFE, fices almost immediately after they Utah Jazz, Phoenix Suns, and Boston Celtics Mr. LIEBERMAN, Mr. DODD, and Mr. are filed, but they are not available to en route to the storied franchise’s 16th BOND) submitted the following resolu- the public—not necessarily inten- championship and 11th in Los Angeles; tion; which was referred to the Com- tionally hidden from the public, but Whereas the 2010 Lakers honored the fran- mittee on Foreign Relations: chise’s tradition of excellence that dates the public cannot get them like every- back to its establishment in 1947 in Min- S. RES. 564 body in the Senate and in our offices neapolis, Minnesota, where the Lakers were Whereas Japan became a treaty ally of the can get them. named for the ‘‘Land of 10,000 Lakes’’ and United States with the signing of the Treaty I have a chart in the Chamber that won 5 championships before moving to Los of Mutual Cooperation and Security on Jan- shows there is already an Amendment Angeles in 1960; uary 19, 1960;

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Whereas the treaty entered into force on and Japan, as well as to regional peace and (c) TABLE OF CONTENTS.—The table of con- June 19, 1960, after its ratification by the security; tents for this Act is as follows: Japanese Diet and the United States Senate; (3) recognizes the contributions of and ex- Sec. 1. Short title; amendment of 1986 Code; Whereas, in furtherance of the treaty, presses appreciation for the people of Japan, table of contents. Japan hosts approximately 36,000 members of and in particular the people of Okinawa, in TITLE I—INFRASTRUCTURE INCENTIVES the United States Armed Forces, 43,000 de- hosting members of the United States Armed pendents, and 5,000 civilian employees of the Forces and their families in Japan; Sec. 101. Extension of Build America Bonds. Department of Defense, with a majority lo- (4) values the involvement of Japan’s Self- Sec. 102. Exempt-facility bonds for sewage cated on the island of Okinawa; Defense Forces in regional and global secu- and water supply facilities. Whereas the United States and Japan rity operations; Sec. 103. Extension of exemption from alter- signed the Roadmap for Realignment Imple- (5) promotes the implementation of the native minimum tax treatment mentation on May 1, 2006, to strengthen the Roadmap for Realignment to reduce the bur- for certain tax-exempt bonds. alliance by maintaining defense capabilities den on local communities while maintaining Sec. 104. Extension and additional alloca- while reducing burdens on local commu- the United States strategic posture in Asia; tions of recovery zone bond au- nities; and thority. Whereas the United States and Japan (6) anticipates the continuation of the Sec. 105. Allowance of new markets tax cred- signed the Guam Agreement on February 17, steadfast alliance with its invaluable con- it against alternative minimum 2009, on the relocation of approximately 8,000 tribution to global peace, democracy, and se- tax. Marines assigned to the III Marine Expedi- curity. Sec. 106. Extension of tax-exempt eligibility tionary Force (MEF) personnel and their ap- for loans guaranteed by Federal proximately 9,000 dependents from Okinawa f home loan banks. to Guam, which would reduce the presence of AMENDMENTS SUBMITTED AND Sec. 107. Extension of temporary small issuer rules for allocation of the Marine Corps on Okinawa by nearly half; PROPOSED Whereas the Governments of the United tax-exempt interest expense by States and Japan maintain a strong security SA 4386. Mr. REID (for Mr. BAUCUS) pro- financial institutions. partnership through joint exercises between posed an amendment to the bill H.R. 4213, to TITLE II—EXTENSION OF EXPIRING the United States Armed Forces and Japan’s amend the Internal Revenue Code of 1986 to PROVISIONS Self-Defense Forces; extend certain expiring provisions, and for Subtitle A—Energy Whereas Japan’s Self-Defense Forces have other purposes. Sec. 201. Alternative motor vehicle credit contributed broadly to global security mis- SA 4387. Mr. REID (for Mr. BAUCUS) pro- sions, including relief operations following posed an amendment to amendment SA 4386 for new qualified hybrid motor vehicles other than passenger the tsunami in Indonesia in 2005, reconstruc- proposed by Mr. REID (for Mr. BAUCUS) to the tion in Iraq from 2004 to 2006, relief assist- bill H.R. 4213, supra. automobiles and light trucks. ance following the earthquake in Haiti in SA 4388. Mr. REID proposed an amendment Sec. 202. Incentives for biodiesel and renew- 2010, and maritime security operations in the to the bill H.R. 4213, supra. able diesel. Gulf of Aden; SA 4389. Mr. REID proposed an amendment Sec. 203. Credit for electricity produced at certain open-loop biomass fa- Whereas Japan assists in the United to amendment SA 4388 proposed by Mr. REID States-led effort in Afghanistan where it to the bill H.R. 4213, supra. cilities. ranks as the second-largest donor after the SA 4390. Mr. REID proposed an amendment Sec. 204. Extension and modification of cred- it for steel industry fuel. United States, pledging $5,000,000,000 over to amendment SA 4389 proposed by Mr. REID Sec. 205. Credit for producing fuel from coke five years to improve infrastructure, edu- to the amendment SA 4388 proposed by Mr. or coke gas. cation, and health, in addition to under- REID to the bill H.R. 4213, supra. Sec. 206. New energy efficient home credit. writing, with the United Kingdom, a re- SA 4391. Mr. DURBIN (for Mr. DORGAN (for Sec. 207. Excise tax credits and outlay pay- integration trust fund for former Taliban himself, Mr. BAUCUS, Mr. BEGICH, Mr. BEN- ments for alternative fuel and fighters; NET, Ms. CANTWELL, Mr. KYL, Mr. MCCAIN, alternative fuel mixtures. Whereas Japan’s Self-Defense Forces have Mr. TESTER, Mr. THUNE, Mr. UDALL of New Sec. 208. Special rule for sales or disposi- played a vital role in United Nations peace- Mexico, and Mr. UDALL, of Colorado)) pro- tions to implement FERC or keeping operations around the world, begin- posed an amendment to the bill H.R. 725, to State electric restructuring ning in 1992 when Japan dispatched two 600- protect Indian arts and crafts through the policy for qualified electric member engineering battalions to the United improvement of applicable criminal pro- utilities. Nations Transitional Authority in Cambodia ceedings, and for other purposes. Sec. 209. Suspension of limitation on per- (UNTAC); SA 4392. Mr. DURBIN (for Mr. CARPER) pro- centage depletion for oil and Whereas the sinking of the Republic of Ko- posed an amendment to the bill S. 1508, to gas from marginal wells. rea’s Cheonan naval ship by North Korea was amend the Improper Payments Information Sec. 210. Direct payment of energy efficient a direct provocation intended to destabilize Act of 2002 (31 U.S.C. 3321 note) in order to appliances tax credit. Northeast Asia and demonstrates the impor- prevent the loss of billions in taxpayer dol- Sec. 211. Modification of standards for win- tance of cooperation between the United lars. dows, doors, and skylights with States and Japan on regional security issues; SA 4393. Mr. DURBIN (for Mr. CONRAD) pro- respect to the credit for non- Whereas recent maritime activities by Chi- posed an amendment to the resolution S. business energy property. na’s People’s Liberation Army Navy to chal- Res. 541, designating June 27, 2010, as ‘‘Na- lenge Japan’s sovereignty claims in waters tional Post-Traumatic Stress Disorder Subtitle B—Individual Tax Relief contested by Japan and China underscore the Awareness Day’’. PART I—MISCELLANEOUS PROVISIONS vital nature of the United States-Japan alli- Sec. 221. Deduction for certain expenses of ance to maintaining a balance of security in f elementary and secondary the region; TEXT OF AMENDMENTS school teachers. Whereas, on May 28, 2010, members of the Sec. 222. Additional standard deduction for United States-Japan Security Consultative SA 4386. Mr. REID (for Mr. BAUCUS) State and local real property Committee reconfirmed that, in this 50th an- proposed an amendment to the bill taxes. niversary year of the signing of the Treaty of H.R. 4213, to amend the Internal Rev- Sec. 223. Deduction of State and local sales Mutual Cooperation and Security, the enue Code of 1986 to extend certain ex- taxes. United States-Japan alliance remains ‘‘indis- piring provisions, and for other pur- Sec. 224. Contributions of capital gain real pensable not only to the defense of Japan, poses; as follows: property made for conservation but also to the peace, security, and pros- purposes. perity of the Asia-Pacific region’’; In lieu of the matter proposed to be in- Sec. 225. Above-the-line deduction for quali- Whereas the security alliance has served as serted, insert the following: fied tuition and related ex- the foundation for deep cultural, political, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 penses. and economic ties between the people of the CODE; TABLE OF CONTENTS. Sec. 226. Tax-free distributions from indi- United States and the people of Japan; and (a) SHORT TITLE.—This Act may be cited as vidual retirement plans for Whereas Japan remains a steadfast global the ‘‘American Jobs and Closing Tax Loop- charitable purposes. holes Act of 2010’’. partner with shared values of freedom, de- Sec. 227. Look-thru of certain regulated in- (b) AMENDMENT OF 1986 CODE.—Except as mocracy, and liberty: Now, therefore, be it vestment company stock in de- Resolved, That the Senate— otherwise expressly provided, whenever in ti- termining gross estate of non- (1) affirms its commitment to the United tles I, II, and IV of this Act an amendment residents. States-Japan security alliance and the deep or repeal is expressed in terms of an amend- Sec. 228. First-time homebuyer credit. friendship of both countries that is based on ment to, or repeal of, a section or other pro- shared values; vision, the reference shall be considered to PART II—LOW-INCOME HOUSING CREDITS (2) recognizes the benefits of the alliance be made to a section or other provision of Sec. 231. Election for direct payment of low- to the national security of the United States the Internal Revenue Code of 1986. income housing credit for 2010.

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0655 E:\CR\FM\A23JN6.040 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5325 Sec. 232. Low-income housing grant elec- Subtitle D—Temporary Disaster Relief Sec. 408. Source rules for income on guaran- tion. Provisions tees. Subtitle C—Business Tax Relief PART I—NATIONAL DISASTER RELIEF Sec. 409. Limitation on extension of statute of limitations for failure to no- Sec. 281. Waiver of certain mortgage rev- Sec. 241. Research credit. tify Secretary of certain for- enue bond requirements. Sec. 242. Indian employment tax credit. eign transfers. Sec. 243. New markets tax credit. Sec. 282. Losses attributable to federally de- Subtitle B—Personal Service Income Earned Sec. 244. Railroad track maintenance credit. clared disasters. Sec. 283. Special depreciation allowance for in Pass-thru Entities Sec. 245. Mine rescue team training credit. qualified disaster property. Sec. 411. Partnership interests transferred in Sec. 246. Employer wage credit for employ- Sec. 284. Net operating losses attributable to connection with performance of ees who are active duty mem- federally declared disasters. services. bers of the uniformed services. Sec. 285. Expensing of qualified disaster ex- Sec. 412. Income of partners for performing Sec. 247. 5-year depreciation for farming penses. investment management serv- business machinery and equip- PART II—REGIONAL PROVISIONS ices treated as ordinary income ment. received for performance of SUBPART A—NEW YORK LIBERTY ZONE Sec. 248. 15-year straight-line cost recovery services. for qualified leasehold improve- Sec. 291. Special depreciation allowance for Sec. 413. Employment tax treatment of pro- ments, qualified restaurant nonresidential and residential fessional service businesses. buildings and improvements, real property. Subtitle C—Corporate Provisions and qualified retail improve- Sec. 292. Tax-exempt bond financing. Sec. 421. Treatment of securities of a con- ments. SUBPART B—GO ZONE Sec. 249. 7-year recovery period for motor- trolled corporation exchanged Sec. 295. Increase in rehabilitation credit. sports entertainment com- for assets in certain reorganiza- Sec. 296. Work opportunity tax credit with plexes. tions. respect to certain individuals Sec. 250. Accelerated depreciation for busi- Sec. 422. Taxation of boot received in reor- affected by Hurricane Katrina ganizations. ness property on an Indian res- for employers inside disaster Subtitle D—Other Provisions ervation. areas. Sec. 251. Enhanced charitable deduction for Sec. 297. Extension of low-income housing Sec. 431. Modifications with respect to Oil contributions of food inventory. credit rules for buildings in GO Spill Liability Trust Fund. Sec. 252. Enhanced charitable deduction for zones. Sec. 432. Time for payment of corporate esti- contributions of book inven- mated taxes. TITLE III—PENSION FUNDING RELIEF tories to public schools. Sec. 433. Denial of deduction for punitive Sec. 253. Enhanced charitable deduction for Subtitle A—Single-Employer Plans damages. corporate contributions of com- Sec. 301. Extended period for single-em- Sec. 434. Elimination of advance puter inventory for educational ployer defined benefit plans to refundability of earned income purposes. amortize certain shortfall am- credit. Sec. 254. Election to expense mine safety ortization bases. TITLE V—UNEMPLOYMENT, HEALTH, equipment. Sec. 302. Application of extended amortiza- AND OTHER ASSISTANCE tion period to plans subject to Sec. 255. Special expensing rules for certain Subtitle A—Unemployment Insurance and prior law funding rules. film and television productions. Other Assistance Sec. 256. Expensing of environmental reme- Sec. 303. Suspension of certain funding level Sec. 501. Extension of unemployment insur- diation costs. limitations. ance provisions. Sec. 257. Deduction allowable with respect Sec. 304. Lookback for credit balance rule. Sec. 502. Coordination of emergency unem- to income attributable to do- Sec. 305. Information reporting. ployment compensation with mestic production activities in Sec. 306. Rollover of amounts received in airline carrier bankruptcy. regular compensation. Puerto Rico. Sec. 503. Extension of the Emergency Con- Subtitle B—Multiemployer Plans Sec. 258. Modification of tax treatment of tingency Fund. certain payments to controlling Sec. 311. Optional use of 30-year amortiza- Sec. 504. Requiring States to not reduce reg- exempt organizations. tion periods. ular compensation in order to Sec. 259. Exclusion of gain or loss on sale or Sec. 312. Optional longer recovery periods be eligible for funds under the exchange of certain brownfield for multiemployer plans in en- emergency unemployment com- sites from unrelated business dangered or critical status. pensation program. income. Sec. 313. Modification of certain amortiza- Subtitle B—Health Provisions Sec. 260. Timber REIT modernization. tion extensions under prior law. Sec. 261. Treatment of certain dividends of Sec. 314. Alternative default schedule for Sec. 511. Extension of section 508 reclassi- regulated investment compa- plans in endangered or critical fications. nies. status. Sec. 512. Repeal of delay of RUG-IV. Sec. 262. RIC qualified investment entity Sec. 315. Transition rule for certifications of Sec. 513. Limitation on reasonable costs treatment under FIRPTA. plan status. payments for certain clinical diagnostic laboratory tests fur- Sec. 263. Exceptions for active financing in- TITLE IV—REVENUE OFFSETS come. nished to hospital patients in Subtitle A—Foreign Provisions certain rural areas. Sec. 264. Look-thru treatment of payments Sec. 401. Rules to prevent splitting foreign Sec. 514. Funding for claims reprocessing. between related controlled for- tax credits from the income to Sec. 515. Medicaid and CHIP technical cor- eign corporations under foreign which they relate. rections. personal holding company Sec. 402. Denial of foreign tax credit with re- Sec. 516. Addition of inpatient drug discount rules. spect to foreign income not program to 340B drug discount Sec. 265. Basis adjustment to stock of S subject to United States tax- program. corps making charitable con- ation by reason of covered asset Sec. 517. Continued inclusion of orphan tributions of property. acquisitions. drugs in definition of covered Sec. 266. Empowerment zone tax incentives. Sec. 403. Separate application of foreign tax outpatient drugs with respect Sec. 267. Tax incentives for investment in credit limitation, etc., to items to children’s hospitals under the District of Columbia. resourced under treaties. the 340B drug discount pro- Sec. 268. Renewal community tax incen- Sec. 404. Limitation on the amount of for- gram. tives. eign taxes deemed paid with re- Sec. 518. Conforming amendment related to Sec. 269. Temporary increase in limit on spect to section 956 inclusions. waiver of coinsurance for pre- cover over of rum excise taxes Sec. 405. Special rule with respect to certain ventive services. to Puerto Rico and the Virgin redemptions by foreign subsidi- Sec. 519. Establish a CMS–IRS data match Islands. aries. to identify fraudulent pro- Sec. 270. Payment to American Samoa in Sec. 406. Modification of affiliation rules for viders. lieu of extension of economic purposes of rules allocating in- Sec. 520. Clarification of effective date of development credit. terest expense. part B special enrollment pe- Sec. 271. Election to temporarily utilize un- Sec. 407. Termination of special rules for in- riod for disabled TRICARE used AMT credits determined terest and dividends received beneficiaries. by domestic investment. from persons meeting the 80- Sec. 521. Physician payment update. Sec. 272. Study of extended tax expendi- percent foreign business re- Sec. 522. Adjustment to Medicare payment tures. quirements. localities.

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0655 E:\CR\FM\A23JN6.049 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5326 CONGRESSIONAL RECORD — SENATE June 23, 2010 Sec. 523. Clarification of 3-day payment win- Sec. 802. Definitions. ‘‘(iii) the refunded bond is redeemed not dow. Sec. 803. Sense of Congress. later than 90 days after the date of the Sec. 524. Extension of ARRA increase in Sec. 804. Annual report on risks posed by issuance of the refunding bond. FMAP. foreign holdings of debt instru- ‘‘(B) APPLICABLE PERCENTAGE.—In the case Sec. 525. Clarification for affiliated hospitals ments of the United States. of a refunding bond referred to in subpara- for distribution of additional Sec. 805. Annual report on risks posed by the graph (A), the applicable percentage with re- residency positions. Federal debt of the United spect to such bond under section 6431(b) shall Sec. 526. Treatment of certain drugs for States. be the lowest percentage specified in para- computation of Medicaid AMP. Sec. 806. Corrective action to address unac- graph (2) of such section. TITLE VI—OTHER PROVISIONS ceptable risks to United States ‘‘(C) DETERMINATION OF AVERAGE MATU- national security and economic Subtitle A—General Provisions RITY.—For purposes of subparagraph (A)(i), stability. Sec. 601. Extension of national flood insur- average maturity shall be determined in ac- TITLE IX—OFFICE OF THE HOMEOWNER cordance with section 147(b)(2)(A).’’. ance program. ADVOCATE Sec. 602. Allocation of geothermal receipts. (e) CLARIFICATION RELATED TO LEVEES AND Sec. 603. Small business loan guarantee en- Sec. 901. Office of the Homeowner Advocate. FLOOD CONTROL PROJECTS.—Subparagraph hancement extensions. Sec. 902. Functions of the Office. (A) of section 54AA(g)(2) is amended by in- Sec. 903. Relationship with existing entities. Sec. 604. Emergency agricultural disaster serting ‘‘(including capital expenditures for Sec. 904. Rule of construction. assistance. levees and other flood control projects)’’ Sec. 905. Reports to Congress. after ‘‘capital expenditures’’. Sec. 605. Summer employment for youth. Sec. 906. Funding. Sec. 606. Housing Trust Fund. Sec. 907. Prohibition on participation in SEC. 102. EXEMPT-FACILITY BONDS FOR SEWAGE Sec. 607. The Individual Indian Money Ac- Making Home Affordable for AND WATER SUPPLY FACILITIES. count Litigation Settlement borrowers who strategically de- (a) BONDS FOR WATER AND SEWAGE FACILI- Act of 2010. fault. TIES EXEMPT FROM VOLUME CAP ON PRIVATE Sec. 608. Appropriation of funds for final set- Sec. 908. Public availability of information. ACTIVITY BONDS.— tlement of claims from In re TITLE X—BUDGETARY PROVISIONS (1) IN GENERAL.—Paragraph (3) of section Black Farmers Discrimination 146(g) is amended by inserting ‘‘(4), (5),’’ after Sec. 1001. Budgetary provisions. Litigation. ‘‘(2),’’. Sec. 609. Expansion of eligibility for concur- TITLE I—INFRASTRUCTURE INCENTIVES (2) CONFORMING AMENDMENT.—Paragraphs rent receipt of military retired SEC. 101. EXTENSION OF BUILD AMERICA BONDS. (2) and (3)(B) of section 146(k) are both pay and veterans’ disability (a) IN GENERAL.—Subparagraph (B) of sec- amended by striking ‘‘(4), (5), (6),’’ and in- compensation to include all tion 54AA(d)(1) is amended by striking ‘‘Jan- serting ‘‘(6)’’. chapter 61 disability retirees re- uary 1, 2011’’ and inserting ‘‘January 1, 2013’’. (b) TAX-EXEMPT ISSUANCE BY INDIAN TRIBAL gardless of disability rating (b) EXTENSION OF PAYMENTS TO ISSUERS.— GOVERNMENTS.— percentage or years of service. (1) IN GENERAL.—Section 6431 is amended— (1) IN GENERAL.—Subsection (c) of section Sec. 610. Extension of use of 2009 poverty (A) by striking ‘‘January 1, 2011’’ in sub- 7871 is amended by adding at the end the fol- guidelines. section (a) and inserting ‘‘January 1, 2013’’; lowing new paragraph: Sec. 611. Refunds disregarded in the admin- and ‘‘(4) EXCEPTION FOR BONDS FOR WATER AND istration of Federal programs (B) by striking ‘‘January 1, 2011’’ in sub- SEWAGE FACILITIES.—Paragraph (2) shall not and federally assisted pro- section (f)(1)(B) and inserting ‘‘a particular apply to an exempt facility bond 95 percent grams. date’’. or more of the net proceeds (as defined in Sec. 612. State court improvement program. (2) CONFORMING AMENDMENTS.—Subsection section 150(a)(3)) of which are to be used to Sec. 613. Qualifying timber contract options. (g) of section 54AA is amended— provide facilities described in paragraph (4) Sec. 614. Extension and flexibility for cer- (A) by striking ‘‘January 1, 2011’’ and in- or (5) of section 142(a).’’. tain allocated surface transpor- serting ‘‘January 1, 2013’’; and (2) CONFORMING AMENDMENT.—Paragraph tation programs. (B) by striking ‘‘QUALIFIED BONDS ISSUED (2) of section 7871(c) is amended by striking Sec. 615. Community College and Career BEFORE 2011’’ in the heading and inserting ‘‘paragraph (3)’’ and inserting ‘‘paragraphs Training Grant Program. ‘‘CERTAIN QUALIFIED BONDS’’. (3) and (4)’’. Sec. 616. Extensions of duty suspensions on (c) REDUCTION IN PERCENTAGE OF PAYMENTS cotton shirting fabrics and re- (c) EFFECTIVE DATE.—The amendments TO ISSUERS.—Subsection (b) of section 6431 is made by this section shall apply to obliga- lated provisions. amended— Sec. 617. Modification of Wool Apparel Man- tions issued after the date of the enactment (1) by striking ‘‘The Secretary’’ and insert- of this Act. ufacturers Trust Fund. ing the following: SEC. 103. EXTENSION OF EXEMPTION FROM AL- Sec. 618. Department of Commerce Study. ‘‘(1) IN GENERAL.—The Secretary’’; TERNATIVE MINIMUM TAX TREAT- Sec. 619. ARRA planning and reporting. (2) by striking ‘‘35 percent’’ and inserting Sec. 620. Amendment of Travel Promotion MENT FOR CERTAIN TAX-EXEMPT ‘‘the applicable percentage’’; and Act of 2009. BONDS. (3) by adding at the end the following new Sec. 621. Limitation on penalty for failure to (a) IN GENERAL.—Clause (vi) of section paragraph: disclose reportable transactions 57(a)(5)(C) is amended— ‘‘(2) APPLICABLE PERCENTAGE.—For pur- based on resulting tax benefits. (1) by striking ‘‘January 1, 2011’’ in sub- poses of this subsection, the term ‘applicable Sec. 622. Report on tax shelter penalties and clause (I) and inserting ‘‘January 1, 2012’’; percentage’ means the percentage deter- certain other enforcement ac- and mined in accordance with the following tions. (2) by striking ‘‘AND 2010’’ in the heading table: Subtitle B—Additional Offsets and inserting ‘‘, 2010, AND 2011’’. (b) ADJUSTED CURRENT EARNINGS.—Clause Sec. 631. Sunset of temporary increase in ‘‘In the case of a qualified bond issued The applicable per- (iv) of section 56(g)(4)(B) is amended— benefits under the supple- during calendar year: centage is: (1) by striking ‘‘January 1, 2011’’ in sub- mental nutrition assistance clause (I) and inserting ‘‘January 1, 2012’’; program. 2009 or 2010 ...... 35 percent and Sec. 632. Rescissions. 2011 ...... 32 percent (2) by striking ‘‘AND 2010’’ in the heading 2012 ...... 30 percent.’’. TITLE VII—TRANSPARENCY REQUIRE- and inserting ‘‘, 2010, AND 2011’’. MENTS FOR FOREIGN-HELD DEBT (c) EFFECTIVE DATE.—The amendments Sec. 701. Short title. (d) CURRENT REFUNDINGS PERMITTED.—Sub- made by this section shall apply to obliga- Sec. 702. Definitions. section (g) of section 54AA is amended by tions issued after December 31, 2010. Sec. 703. Sense of Congress. adding at the end the following new para- SEC. 104. EXTENSION AND ADDITIONAL ALLOCA- Sec. 704. Quarterly report on risks posed by graph: TIONS OF RECOVERY ZONE BOND foreign holdings of debt instru- ‘‘(3) TREATMENT OF CURRENT REFUNDING AUTHORITY. ments of the United States. BONDS.— (a) EXTENSION OF RECOVERY ZONE BOND AU- Sec. 705. Annual report on risks posed by the ‘‘(A) IN GENERAL.—For purposes of this sub- THORITY.—Section 1400U–2(b)(1) and section Federal debt of the United section, the term ‘qualified bond’ includes 1400U–3(b)(1)(B) are each amended by strik- States. any bond (or series of bonds) issued to refund ing ‘‘January 1, 2011’’ and inserting ‘‘January Sec. 706. Corrective action to address unac- a qualified bond if— 1, 2012’’. ceptable and unsustainable ‘‘(i) the average maturity date of the issue (b) ADDITIONAL ALLOCATIONS OF RECOVERY risks to United States national of which the refunding bond is a part is not ZONE BOND AUTHORITY BASED ON UNEMPLOY- security and economic sta- later than the average maturity date of the MENT.—Section 1400U–1 is amended by adding bility. bonds to be refunded by such issue, at the end the following new subsection: TITLE VIII—TRANSPARENCY REQUIRE- ‘‘(ii) the amount of the refunding bond does ‘‘(c) ALLOCATION OF 2010 RECOVERY ZONE MENTS FOR FOREIGN-HELD DEBT not exceed the outstanding amount of the re- BOND LIMITATIONS BASED ON UNEMPLOY- Sec. 801. Short title. funded bond, and MENT.—

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‘‘(1) IN GENERAL.—The Secretary shall allo- the same manner as an allocation of national SEC. 203. CREDIT FOR ELECTRICITY PRODUCED cate the 2010 national recovery zone eco- recovery zone facility bond limitation.’’. AT CERTAIN OPEN-LOOP BIOMASS nomic development bond limitation and the (c) AUTHORITY OF STATE TO WAIVE CERTAIN FACILITIES. 2010 national recovery zone facility bond 2009 ALLOCATIONS.—Subparagraph (A) of sec- (a) IN GENERAL.—Clause (ii) of section limitation among the States in the propor- tion 1400U–1(a)(3) is amended by adding at 45(b)(4)(B) is amended— (1) by striking ‘‘5-year period’’ and insert- tion that each such State’s 2009 unemploy- the end the following: ‘‘A county or munici- ing ‘‘6-year period’’; and ment number bears to the aggregate of the pality shall be treated as having waived any (2) by adding at the end the following: ‘‘In 2009 unemployment numbers for all of the portion of an allocation made under this sub- the case of the last year of the 6-year period States. paragraph which has not been allocated to a described in the preceding sentence, the ‘‘(2) MINIMUM ALLOCATION.—The Secretary bond issued before May 1, 2011. Any alloca- credit determined under subsection (a) with shall adjust the allocations under paragraph tion waived (or treated as waived) under this respect to electricity produced during such (1) for each State to the extent necessary to subparagraph may be used or reallocated by year shall not exceed 80 percent of such cred- ensure that no State (prior to any reduction the State.’’. it determined without regard to this sen- under paragraph (3)) receives less than 0.9 SEC. 105. ALLOWANCE OF NEW MARKETS TAX tence.’’. percent of the 2010 national recovery zone CREDIT AGAINST ALTERNATIVE MIN- IMUM TAX. (b) EFFECTIVE DATE.—The amendment economic development bond limitation and made by this section shall apply to elec- (a) IN GENERAL.—Subparagraph (B) of sec- 0.9 percent of the 2010 national recovery zone tricity produced and sold after December 31, tion 38(c)(4), as amended by the Patient Pro- facility bond limitation. 2009. ‘‘(3) ALLOCATIONS BY STATES.— tection and Affordable Care Act, is amended by redesignating clauses (v) through (ix) as SEC. 204. EXTENSION AND MODIFICATION OF ‘‘(A) IN GENERAL.—Each State with respect CREDIT FOR STEEL INDUSTRY FUEL. clauses (vi) through (x), respectively, and by to which an allocation is made under para- (a) CREDIT PERIOD.— inserting after clause (iv) the following new graph (1) shall reallocate such allocation (1) IN GENERAL.—Subclause (II) of section among the counties and large municipalities clause: 45(e)(8)(D)(ii) is amended to read as follows: ‘‘(v) the credit determined under section (as defined in subsection (a)(3)(B)) in such ‘‘(II) CREDIT PERIOD.—In lieu of the 10-year State in the proportion that each such coun- 45D, but only with respect to credits deter- period referred to in clauses (i) and (ii)(II) of ty’s or municipality’s 2009 unemployment mined with respect to qualified equity in- subparagraph (A), the credit period shall be number bears to the aggregate of the 2009 un- vestments (as defined in section 45D(b)) ini- the period beginning on the date that the fa- employment numbers for all the counties tially made before January 1, 2012,’’. cility first produces steel industry fuel that (b) EFFECTIVE DATE.—The amendments and large municipalities (as so defined) in is sold to an unrelated person after Sep- made by this section shall apply to credits such State. tember 30, 2008, and ending 2 years after such determined with respect to qualified equity ‘‘(B) 2010 ALLOCATION REDUCED BY AMOUNT date.’’. investments (as defined in section 45D(b) of OF PREVIOUS ALLOCATION.—Each State shall (2) CONFORMING AMENDMENT.—Section the Internal Revenue Code of 1986) initially reduce (but not below zero)— 45(e)(8)(D) is amended by striking clause (iii) made after March 15, 2010. ‘‘(i) the amount of the 2010 national recov- and by redesignating clause (iv) as clause ery zone economic development bond limita- SEC. 106. EXTENSION OF TAX-EXEMPT ELIGI- (iii). tion allocated to each county or large mu- BILITY FOR LOANS GUARANTEED BY (b) EXTENSION OF PLACED-IN-SERVICE FEDERAL HOME LOAN BANKS. nicipality (as so defined) in such State by DATE.—Subparagraph (A) of section 45(d)(8) the amount of the national recovery zone Clause (iv) of section 149(b)(3)(A) is amend- is amended— economic development bond limitation allo- ed by striking ‘‘December 31, 2010’’ and in- (1) by striking ‘‘(or any modification to a cated to such county or large municipality serting ‘‘December 31, 2011’’. facility)’’; and under subsection (a)(3)(A) (determined with- SEC. 107. EXTENSION OF TEMPORARY SMALL (2) by striking ‘‘2010’’ and inserting ‘‘2011’’. out regard to any waiver thereof), and ISSUER RULES FOR ALLOCATION OF (c) CLARIFICATIONS.— TAX-EXEMPT INTEREST EXPENSE BY ‘‘(ii) the amount of the 2010 national recov- (1) STEEL INDUSTRY FUEL.—Subclause (I) of FINANCIAL INSTITUTIONS. ery zone facility bond limitation allocated to section 45(c)(7)(C)(i) is amended by inserting (a) IN GENERAL.—Clauses (i), (ii), and (iii) each county or large municipality (as so de- ‘‘, a blend of coal and petroleum coke, or of section 265(b)(3)(G) are each amended by fined) in such State by the amount of the na- other coke feedstock’’ after ‘‘on coal’’. striking ‘‘or 2010’’ and inserting ‘‘, 2010, or tional recovery zone facility bond limitation (2) OWNERSHIP INTEREST.—Section 45(d)(8) 2011’’. allocated to such county or large munici- is amended by adding at the end the fol- (b) CONFORMING AMENDMENT.—Subpara- pality under subsection (a)(3)(A) (determined lowing new flush sentence: graph (G) of section 265(b)(3) is amended by without regard to any waiver thereof). striking ‘‘AND 2010’’ in the heading and insert- ‘‘With respect to a facility producing steel ‘‘(C) WAIVER OF SUBALLOCATIONS.—A coun- ing ‘‘, 2010, AND 2011’’. industry fuel, no person (including a ground ty or municipality may waive any portion of (c) EFFECTIVE DATE.—The amendments lessor, customer, supplier, or technology li- an allocation made under this paragraph. A made by this section shall apply to obliga- censor) shall be treated as having an owner- county or municipality shall be treated as tions issued after December 31, 2010. ship interest in the facility or as otherwise having waived any portion of an allocation entitled to the credit allowable under sub- made under this paragraph which has not TITLE II—EXTENSION OF EXPIRING section (a) with respect to such facility if been allocated to a bond issued before May 1, PROVISIONS such person’s rent, license fee, or other enti- 2011. Any allocation waived (or treated as Subtitle A—Energy tlement to net payments from the owner of waived) under this subparagraph may be SEC. 201. ALTERNATIVE MOTOR VEHICLE CREDIT such facility is measured by a fixed dollar used or reallocated by the State. FOR NEW QUALIFIED HYBRID amount or a fixed amount per ton, or other- ‘‘(D) SPECIAL RULE FOR A MUNICIPALITY IN A MOTOR VEHICLES OTHER THAN PAS- wise determined without regard to the profit COUNTY.—In the case of any large munici- SENGER AUTOMOBILES AND LIGHT or loss of such facility.’’. TRUCKS. pality any portion of which is in a county, (3) PRODUCTION AND SALE.—Subparagraph such portion shall be treated as part of such (a) IN GENERAL.—Paragraph (3) of section (D) of section 45(e)(8), as amended by sub- municipality and not part of such county. 30B(k) is amended by striking ‘‘December 31, section (a)(2), is amended by redesignating ‘‘(4) 2009 UNEMPLOYMENT NUMBER.—For pur- 2009’’ and inserting ‘‘December 31, 2010’’. clause (iii) as clause (iv) and by inserting poses of this subsection, the term ‘2009 un- (b) EFFECTIVE DATE.—The amendment after clause (ii) the following new clause: employment number’ means, with respect to made by this section shall apply to property ‘‘(iii) PRODUCTION AND SALE.—The owner of any State, county or municipality, the num- purchased after December 31, 2009. a facility producing steel industry fuel shall ber of individuals in such State, county, or SEC. 202. INCENTIVES FOR BIODIESEL AND RE- be treated as producing and selling steel in- municipality who were determined to be un- NEWABLE DIESEL. dustry fuel where that owner manufactures employed by the Bureau of Labor Statistics (a) CREDITS FOR BIODIESEL AND RENEWABLE such steel industry fuel from coal, a blend of for December 2009. DIESEL USED AS FUEL.—Subsection (g) of sec- coal and petroleum coke, or other coke feed- ‘‘(5) 2010 NATIONAL LIMITATIONS.— tion 40A is amended by striking ‘‘December stock to which it has title. The sale of such ‘‘(A) RECOVERY ZONE ECONOMIC DEVELOP- 31, 2009’’ and inserting ‘‘December 31, 2010’’. steel industry fuel by the owner of the facil- MENT BONDS.—The 2010 national recovery (b) EXCISE TAX CREDITS AND OUTLAY PAY- ity to a person who is not the owner of the zone economic development bond limitation MENTS FOR BIODIESEL AND RENEWABLE DIESEL facility shall not fail to qualify as a sale to is $10,000,000,000. Any allocation of such limi- FUEL MIXTURES.— an unrelated person solely because such pur- tation under this subsection shall be treated (1) Paragraph (6) of section 6426(c) is chaser may also be a ground lessor, supplier, for purposes of section 1400U–2 in the same amended by striking ‘‘December 31, 2009’’ and or customer.’’. manner as an allocation of national recovery inserting ‘‘December 31, 2010’’. (d) SPECIFIED CREDIT FOR PURPOSES OF AL- zone economic development bond limitation. (2) Subparagraph (B) of section 6427(e)(6) is TERNATIVE MINIMUM TAX EXCLUSION.—Sub- ‘‘(B) RECOVERY ZONE FACILITY BONDS.—The amended by striking ‘‘December 31, 2009’’ and clause (II) of section 38(c)(4)(B)(iii) is amend- 2010 national recovery zone facility bond inserting ‘‘December 31, 2010’’. ed by inserting ‘‘(in the case of a refined coal limitation is $15,000,000,000. Any allocation of (c) EFFECTIVE DATE.—The amendments production facility producing steel industry such limitation under this subsection shall made by this section shall apply to fuel sold fuel, during the credit period set forth in sec- be treated for purposes of section 1400U–3 in or used after December 31, 2009. tion 45(e)(8)(D)(ii)(II))’’ after ‘‘service’’.

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(e) EFFECTIVE DATES.— ‘‘(I) is not itself a market participant as Subtitle B—Individual Tax Relief (1) IN GENERAL.—The amendments made by determined by the Commission, and also is PART I—MISCELLANEOUS PROVISIONS subsections (a), (b), and (d) shall apply to not controlled by any such market partici- SEC. 221. DEDUCTION FOR CERTAIN EXPENSES fuel produced and sold after September 30, pant, or OF ELEMENTARY AND SECONDARY 2008. ‘‘(II) to be independent from market par- SCHOOL TEACHERS. (2) CLARIFICATIONS.—The amendments ticipants or to be an independent trans- (a) IN GENERAL.—Subparagraph (D) of sec- made by subsection (c) shall take effect as if mission company within the meaning of such tion 62(a)(2) is amended by striking ‘‘or 2009’’ included in the amendments made by the En- Commission’s rules applicable to inde- and inserting ‘‘2009, or 2010’’. ergy Improvement and Extension Act of 2008. pendent transmission providers, and’’. (b) EFFECTIVE DATE.—The amendment SEC. 205. CREDIT FOR PRODUCING FUEL FROM (2) RELATED PERSONS.—Paragraph (4) of made by this section shall apply to taxable COKE OR COKE GAS. section 451(i) is amended by adding at the years beginning after December 31, 2009. (a) IN GENERAL.—Paragraph (1) of section end the following flush sentence: SEC. 222. ADDITIONAL STANDARD DEDUCTION 45K(g) is amended by striking ‘‘January 1, ‘‘For purposes of subparagraph (B)(i)(I), a FOR STATE AND LOCAL REAL PROP- 2010’’ and inserting ‘‘January 1, 2011’’. person shall be treated as controlled by an- ERTY TAXES. (b) EFFECTIVE DATE.—The amendment other person if such persons would be treated (a) IN GENERAL.—Subparagraph (C) of sec- made by this section shall apply to facilities as a single employer under section 52.’’. tion 63(c)(1) is amended by striking ‘‘or 2009’’ placed in service after December 31, 2009. and inserting ‘‘2009, or 2010’’. (c) EFFECTIVE DATE.— SEC. 206. NEW ENERGY EFFICIENT HOME CREDIT. (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—The amendment made by (a) IN GENERAL.—Subsection (g) of section made by this section shall apply to taxable subsection (a) shall apply to dispositions 45L is amended by striking ‘‘December 31, years beginning after December 31, 2009. after December 31, 2009. 2009’’ and inserting ‘‘December 31, 2010’’. SEC. 223. DEDUCTION OF STATE AND LOCAL (2) MODIFICATIONS.—The amendments made (b) EFFECTIVE DATE.—The amendment SALES TAXES. by subsection (b) shall apply to dispositions made by this section shall apply to homes (a) IN GENERAL.—Subparagraph (I) of sec- acquired after December 31, 2009. after the date of the enactment of this Act. tion 164(b)(5) is amended by striking ‘‘Janu- SEC. 207. EXCISE TAX CREDITS AND OUTLAY PAY- SEC. 209. SUSPENSION OF LIMITATION ON PER- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. MENTS FOR ALTERNATIVE FUEL CENTAGE DEPLETION FOR OIL AND (b) EFFECTIVE DATE.—The amendment AND ALTERNATIVE FUEL MIXTURES. GAS FROM MARGINAL WELLS. made by this section shall apply to taxable (a) ALTERNATIVE FUEL CREDIT.—Paragraph (a) IN GENERAL.—Clause (ii) of section years beginning after December 31, 2009. 613A(c)(6)(H) is amended by striking ‘‘Janu- (5) of section 6426(d) is amended by striking SEC. 224. CONTRIBUTIONS OF CAPITAL GAIN ‘‘after December 31, 2009’’ and all that fol- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. REAL PROPERTY MADE FOR CON- lows and inserting ‘‘after— (b) EFFECTIVE DATE.—The amendment SERVATION PURPOSES. ‘‘(A) September 30, 2014, in the case of liq- made by this section shall apply to taxable (a) IN GENERAL.—Clause (vi) of section uefied hydrogen, years beginning after December 31, 2009. 170(b)(1)(E) is amended by striking ‘‘Decem- ‘‘(B) December 31, 2010, in the case of fuels SEC. 210. DIRECT PAYMENT OF ENERGY EFFI- ber 31, 2009’’ and inserting ‘‘December 31, described in subparagraph (A), (C), (F), or (G) CIENT APPLIANCES TAX CREDIT. 2010’’. of paragraph (2), and In the case of any taxable year which in- (b) CONTRIBUTIONS BY CERTAIN CORPORATE ‘‘(C) December 31, 2009, in any other case.’’. cludes the last day of calendar year 2009 or FARMERS AND RANCHERS.—Clause (iii) of sec- (b) ALTERNATIVE FUEL MIXTURE CREDIT.— calendar year 2010, a taxpayer who elects to tion 170(b)(2)(B) is amended by striking ‘‘De- Paragraph (3) of section 6426(e) is amended waive the credit which would otherwise be cember 31, 2009’’ and inserting ‘‘December 31, by striking ‘‘after December 31, 2009’’ and all determined with respect to the taxpayer 2010’’. that follows and inserting ‘‘after— under section 45M of the Internal Revenue (c) EFFECTIVE DATE.—The amendments ‘‘(A) September 30, 2014, in the case of liq- Code of 1986 for such taxable year shall be made by this section shall apply to contribu- uefied hydrogen, treated as making a payment against the tax tions made in taxable years beginning after ‘‘(B) December 31, 2010, in the case of fuels imposed under subtitle A of such Code for December 31, 2009. described in subparagraph (A), (C), (F), or (G) such taxable year in an amount equal to 85 SEC. 225. ABOVE-THE-LINE DEDUCTION FOR of subsection (d)(2), and percent of the amount of the credit which QUALIFIED TUITION AND RELATED ‘‘(C) December 31, 2009, in any other case.’’. would otherwise be so determined. Such pay- EXPENSES. (c) PAYMENT AUTHORITY.— ment shall be treated as made on the later of (a) IN GENERAL.—Subsection (e) of section (1) IN GENERAL.—Paragraph (6) of section the due date of the return of such tax or the 222 is amended by striking ‘‘December 31, 6427(e) is amended by striking ‘‘and’’ at the date on which such return is filed. Elections 2009’’ and inserting ‘‘December 31, 2010’’. end of subparagraph (C), by striking the pe- under this section may be made separately (b) EFFECTIVE DATE.—The amendment riod at the end of subparagraph (D) and in- for 2009 and 2010, but once made shall be ir- made by this section shall apply to taxable serting ‘‘, and’’, and by adding at the end the revocable. No amount shall be includible in years beginning after December 31, 2009. (c) TEMPORARY COORDINATION WITH HOPE following new subparagraph: gross income or alternative minimum tax- AND LIFETIME LEARNING CREDITS.—In the ‘‘(E) any alternative fuel or alternative able income by reason of this section. fuel mixture (as so defined) involving fuel de- case of any taxpayer for any taxable year be- SEC. 211. MODIFICATION OF STANDARDS FOR ginning in 2010, no deduction shall be allowed scribed in subparagraph (A), (C), (F), or (G) WINDOWS, DOORS, AND SKYLIGHTS of section 6426(d)(2) sold or used after Decem- WITH RESPECT TO THE CREDIT FOR under section 222 of the Internal Revenue ber 31, 2010.’’. NONBUSINESS ENERGY PROPERTY. Code of 1986 if— (2) CONFORMING AMENDMENT.—Subpara- (a) IN GENERAL.—Paragraph (4) of section (1) the taxpayer’s net Federal income tax graph (C) of section 6427(e)(6) is amended by 25C(c) is amended by striking ‘‘unless’’ and reduction which would be attributable to inserting ‘‘or (E)’’ after ‘‘subparagraph (D)’’. all that follows and inserting ‘‘unless— such deduction for such taxable year, is less (d) EXCLUSION OF BLACK LIQUOR FROM ‘‘(A) in the case of any component placed than CREDIT ELIGIBILITY.—The last sentence of in service after the date which is 90 days (2) the credit which would be allowed to section 6426(d)(2) is amended by striking ‘‘or after the date of the enactment of the Amer- the taxpayer for such taxable year under sec- biodiesel’’ and inserting ‘‘biodiesel, or any ican Jobs and Closing Tax Loopholes Act of tion 25A of such Code (determined without fuel (including lignin, wood residues, or 2010, such component meets the criteria for regard to sections 25A(e) and 26 of such spent pulping liquors) derived from the pro- such components established by the 2010 En- Code). duction of paper or pulp’’. ergy Star Program Requirements for Resi- SEC. 226. TAX-FREE DISTRIBUTIONS FROM INDI- (e) EFFECTIVE DATE.—The amendments dential Windows, Doors, and Skylights, VIDUAL RETIREMENT PLANS FOR CHARITABLE PURPOSES. made by this section shall apply to fuel sold Version 5.0 (or any subsequent version of (a) IN GENERAL.—Subparagraph (F) of sec- or used after December 31, 2009. such requirements which is in effect after tion 408(d)(8) is amended by striking ‘‘De- SEC. 208. SPECIAL RULE FOR SALES OR DISPOSI- January 4, 2010), cember 31, 2009’’ and inserting ‘‘December 31, TIONS TO IMPLEMENT FERC OR ‘‘(B) in the case of any component placed STATE ELECTRIC RESTRUCTURING 2010’’. in service after the date of the enactment of POLICY FOR QUALIFIED ELECTRIC (b) EFFECTIVE DATE.—The amendment UTILITIES. the American Jobs and Closing Tax Loop- made by this section shall apply to distribu- (a) IN GENERAL.—Paragraph (3) of section holes Act of 2010 and on or before the date tions made in taxable years beginning after 451(i) is amended by striking ‘‘January 1, which is 90 days after such date, such compo- December 31, 2009. nent meets the criteria described in subpara- 2010’’ and inserting ‘‘January 1, 2011’’. SEC. 227. LOOK-THRU OF CERTAIN REGULATED (b) MODIFICATION OF DEFINITION OF INDE- graph (A) or is equal to or below a U factor INVESTMENT COMPANY STOCK IN PENDENT TRANSMISSION COMPANY.— of 0.30 and SHGC of 0.30, and DETERMINING GROSS ESTATE OF (1) IN GENERAL.—Clause (i) of section ‘‘(C) in the case of any component which is NONRESIDENTS. 451(i)(4)(B) is amended to read as follows: a garage door, such component is equal to or (a) IN GENERAL.—Paragraph (3) of section ‘‘(i) who the Federal Energy Regulatory below a U factor of 0.30 and SHGC of 0.30.’’. 2105(d) is amended by striking ‘‘December 31, Commission determines in its authorization (b) EFFECTIVE DATE.—The amendment 2009’’ and inserting ‘‘December 31, 2010’’. of the transaction under section 203 of the made by this section shall apply to property (b) EFFECTIVE DATE.—The amendment Federal Power Act (16 U.S.C. 824b) or by de- placed in service after the date of the enact- made by this section shall apply to estates of claratory order— ment of this Act. decedents dying after December 31, 2009.

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SEC. 228. FIRST-TIME HOMEBUYER CREDIT. (b) CONFORMING AMENDMENT.—Section (1) by redesignating clauses (vii) through (a) IN GENERAL.—Paragraph (2) of section 1324(b)(2) of title 31, United States Code, is (x) as clauses (viii) through (xi), respec- 36(h) is amended by striking ‘‘paragraph (1) amended by inserting ‘‘42(n),’’ after ‘‘36C,’’. tively; and shall be applied by substituting ‘July 1, SEC. 232. LOW-INCOME HOUSING GRANT ELEC- (2) by inserting after clause (vi) the fol- 2010’ ’’ and inserting ‘‘and who purchases TION. lowing new clause: such residence before October 1, 2010, para- (a) CLARIFICATION OF ELIGIBILITY OF LOW- ‘‘(vii) the credit determined under section graph (1) shall be applied by substituting INCOME HOUSING CREDITS FOR LOW-INCOME 45N,’’. ‘October 1, 2010’ ’’. HOUSING GRANT ELECTION.—Paragraph (1) of (c) EFFECTIVE DATE.— (b) CONFORMING AMENDMENT.—Subpara- section 1602(b) of the American Recovery and (1) IN GENERAL.—Except as provided in graph (B) of section 36(h)(3) is amended by Reinvestment Tax Act of 2009 is amended— paragraph (2), the amendments made by this inserting ‘‘and for ‘October 1, 2010’ ’’ after (1) by inserting ‘‘, plus any increase for 2009 section shall apply to taxable years begin- ‘‘for ‘July 1, 2010’ ’’. or 2010 attributable to section 1400N(c) of ning after December 31, 2009. (c) EFFECTIVE DATE.—The amendments such Code (including credits made available (2) ALLOWANCE AGAINST AMT.—The amend- made by subsections (a) and (b) shall apply under such section as applied by reason of ments made by subsection (b) shall apply to to residences purchased after June 30, 2010. sections 702(d)(2) and 704(b) of the Tax Ex- credits determined for taxable years begin- PART II—LOW-INCOME HOUSING CREDITS tenders and Alternative Minimum Tax Relief ning after December 31, 2009, and to SEC. 231. ELECTION FOR DIRECT PAYMENT OF Act of 2008)’’ after ‘‘1986’’ in subparagraph carrybacks of such credits. LOW-INCOME HOUSING CREDIT FOR (A), and SEC. 246. EMPLOYER WAGE CREDIT FOR EMPLOY- 2010. (2) by inserting ‘‘, plus any credits for 2009 EES WHO ARE ACTIVE DUTY MEM- (a) IN GENERAL.—Section 42 is amended by attributable to the application of such sec- BERS OF THE UNIFORMED SERV- redesignating subsection (n) as subsection tion 702(d)(2) and 704(b)’’ after ‘‘such section’’ ICES. (o) and by inserting after subsection (m) the in subparagraph (B). (a) IN GENERAL.—Subsection (f) of section following new subsection: (b) APPLICATION OF ADDITIONAL HOUSING 45P is amended by striking ‘‘December 31, ‘‘(n) ELECTION FOR DIRECT PAYMENT OF CREDIT AMOUNT FOR PURPOSES OF 2009 GRANT 2009’’ and inserting ‘‘December 31, 2010’’. CREDIT.— ELECTION.—Subsection (b) of section 1602 of (b) EFFECTIVE DATE.—The amendment ‘‘(1) IN GENERAL.—The housing credit agen- the American Recovery and Reinvestment made by this section shall apply to payments cy of each State shall be allowed a credit in Tax Act of 2009, as amended by subsection made after December 31, 2009. an amount equal to such State’s 2010 low-in- (a), is amended by adding at the end the fol- come housing refundable credit election lowing flush sentence: SEC. 247. 5-YEAR DEPRECIATION FOR FARMING amount, which shall be payable by the Sec- BUSINESS MACHINERY AND EQUIP- ‘‘For purposes of paragraph (1)(B), in the MENT. retary as provided in paragraph (5). case of any area to which section 702(d)(2) or (a) IN GENERAL.—Clause (vii) of section ‘‘(2) 2010 LOW-INCOME HOUSING REFUNDABLE 704(b) of the Tax Extenders and Alternative 168(e)(3)(B) is amended by striking ‘‘January CREDIT ELECTION AMOUNT.—For purposes of Minimum Tax Relief Act of 2008 applies, sec- 1, 2010’’ and inserting ‘‘January 1, 2011’’. this subsection, the term ‘2010 low-income tion 1400N(c)(1)(A) of such Code shall be ap- housing refundable credit election amount’ plied without regard to clause (i).’’. (b) EFFECTIVE DATE.—The amendment means, with respect to any State, such (c) EFFECTIVE DATE.—The amendments made by this section shall apply to property amount as the State may elect which does made by this section shall apply as if in- placed in service after December 31, 2009. not exceed 85 percent of the product of— cluded in the enactment of section 1602 of SEC. 248. 15-YEAR STRAIGHT-LINE COST RECOV- ‘‘(A) the sum of— the American Recovery and Reinvestment ERY FOR QUALIFIED LEASEHOLD ‘‘(i) 100 percent of the State housing credit Tax Act of 2009. IMPROVEMENTS, QUALIFIED RES- ceiling for 2010 which is attributable to TAURANT BUILDINGS AND IMPROVE- Subtitle C—Business Tax Relief amounts described in clauses (i) and (iii) of MENTS, AND QUALIFIED RETAIL IM- PROVEMENTS. subsection (h)(3)(C), plus any credits re- SEC. 241. RESEARCH CREDIT. turned to the State attributable to section (a) IN GENERAL.—Subparagraph (B) of sec- (a) IN GENERAL.—Clauses (iv), (v), and (ix) 1400N(c) (including credits made available tion 41(h)(1) is amended by striking ‘‘Decem- of section 168(e)(3)(E) are each amended by under such section as applied by reason of ber 31, 2009’’ and inserting ‘‘December 31, striking ‘‘January 1, 2010’’ and inserting sections 702(d)(2) and 704(b) of the Tax Ex- 2010’’. ‘‘January 1, 2011’’. tenders and Alternative Minimum Tax Relief (b) CONFORMING AMENDMENT.—Subpara- (b) CONFORMING AMENDMENTS.— Act of 2008), and graph (D) of section 45C(b)(1) is amended by (1) Clause (i) of section 168(e)(7)(A) is ‘‘(ii) 40 percent of the State housing credit striking ‘‘December 31, 2009’’ and inserting amended by striking ‘‘if such building is ceiling for 2010 which is attributable to ‘‘December 31, 2010’’. placed in service after December 31, 2008, and amounts described in clauses (ii) and (iv) of (c) EFFECTIVE DATE.—The amendments before January 1, 2010,’’. such subsection, plus any credits for 2010 at- made by this section shall apply to amounts (2) Paragraph (8) of section 168(e) is amend- tributable to the application of such section paid or incurred after December 31, 2009. ed by striking subparagraph (E). 702(d)(2) and 704(b), multiplied by SEC. 242. INDIAN EMPLOYMENT TAX CREDIT. (c) EFFECTIVE DATE.—The amendments ‘‘(B) 10. (a) IN GENERAL.—Subsection (f) of section made by this section shall apply to property For purposes of subparagraph (A)(ii), in the 45A is amended by striking ‘‘December 31, placed in service after December 31, 2009. 2009’’ and inserting ‘‘December 31, 2010’’. case of any area to which section 702(d)(2) or SEC. 249. 7-YEAR RECOVERY PERIOD FOR MOTOR- 704(b) of the Tax Extenders and Alternative (b) EFFECTIVE DATE.—The amendment SPORTS ENTERTAINMENT COM- Minimum Tax Relief Act of 2008 applies, sec- made by this section shall apply to taxable PLEXES. years beginning after December 31, 2009. tion 1400N(c)(1)(A) shall be applied without (a) IN GENERAL.—Subparagraph (D) of sec- regard to clause (i) SEC. 243. NEW MARKETS TAX CREDIT. tion 168(i)(15) is amended by striking ‘‘De- ‘‘(3) COORDINATION WITH NON-REFUNDABLE (a) IN GENERAL.—Subparagraph (F) of sec- cember 31, 2009’’ and inserting ‘‘December 31, CREDIT.—For purposes of this section, the tion 45D(f)(1) is amended by inserting ‘‘and 2010’’. amounts described in clauses (i) through (iv) 2010’’ after ‘‘2009’’. (b) EFFECTIVE DATE.—The amendment of subsection (h)(3)(C) with respect to any (b) CONFORMING AMENDMENT.—Paragraph made by this section shall apply to property State for 2010 shall each be reduced by so (3) of section 45D(f) is amended by striking placed in service after December 31, 2009. much of such amount as is taken into ac- ‘‘2014’’ and inserting ‘‘2015’’. SEC. 250. ACCELERATED DEPRECIATION FOR count in determining the amount of the (c) EFFECTIVE DATE.—The amendments made by this section shall apply to calendar BUSINESS PROPERTY ON AN INDIAN credit allowed with respect to such State RESERVATION. under paragraph (1). years beginning after 2009. (a) IN GENERAL.—Paragraph (8) of section ‘‘(4) SPECIAL RULE FOR BASIS.—Basis of a SEC. 244. RAILROAD TRACK MAINTENANCE CRED- 168(j) is amended by striking ‘‘December 31, qualified low-income building shall not be IT. 2009’’ and inserting ‘‘December 31, 2010’’. reduced by the amount of any payment made (a) IN GENERAL.—Subsection (f) of section under this subsection. 45G is amended by striking ‘‘January 1, 2010’’ (b) EFFECTIVE DATE.—The amendment made by this section shall apply to property ‘‘(5) PAYMENT OF CREDIT; USE TO FINANCE and inserting ‘‘January 1, 2011’’. placed in service after December 31, 2009. LOW-INCOME BUILDINGS.—The Secretary shall (b) EFFECTIVE DATE.—The amendment pay to the housing credit agency of each made by this section shall apply to expendi- SEC. 251. ENHANCED CHARITABLE DEDUCTION State an amount equal to the credit allowed tures paid or incurred in taxable years begin- FOR CONTRIBUTIONS OF FOOD IN- under paragraph (1). Rules similar to the ning after December 31, 2009. VENTORY. rules of subsections (c) and (d) of section 1602 SEC. 245. MINE RESCUE TEAM TRAINING CREDIT. (a) IN GENERAL.—Clause (iv) of section of the American Recovery and Reinvestment (a) IN GENERAL.—Subsection (e) of section 170(e)(3)(C) is amended by striking ‘‘Decem- Tax Act of 2009 shall apply with respect to 45N is amended by striking ‘‘December 31, ber 31, 2009’’ and inserting ‘‘December 31, any payment made under this paragraph, ex- 2009’’ and inserting ‘‘December 31, 2010’’. 2010’’. cept that such subsection (d) shall be applied (b) CREDIT ALLOWABLE AGAINST AMT.— (b) EFFECTIVE DATE.—The amendment by substituting ‘January 1, 2012’ for ‘January Subparagraph (B) of section 38(c)(4), as made by this section shall apply to contribu- 1, 2011’.’’. amended by section 105, is amended— tions made after December 31, 2009.

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.049 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5330 CONGRESSIONAL RECORD — SENATE June 23, 2010 SEC. 252. ENHANCED CHARITABLE DEDUCTION (1) Subparagraph (I) of section 856(c)(2) is SEC. 265. BASIS ADJUSTMENT TO STOCK OF S FOR CONTRIBUTIONS OF BOOK IN- amended by striking ‘‘the first taxable year CORPS MAKING CHARITABLE CON- VENTORIES TO PUBLIC SCHOOLS. beginning after the date of the enactment of TRIBUTIONS OF PROPERTY. (a) IN GENERAL.—Clause (iv) of section this subparagraph’’ and inserting ‘‘a taxable (a) IN GENERAL.—Paragraph (2) of section 170(e)(3)(D) is amended by striking ‘‘Decem- year beginning on or before the termination 1367(a) is amended by striking ‘‘December 31, ber 31, 2009’’ and inserting ‘‘December 31, date’’. 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.—The amendment 2010’’. (2) Clause (iii) of section 856(c)(5)(H) is made by this section shall apply to contribu- (b) EFFECTIVE DATE.—The amendment amended by inserting ‘‘in taxable years be- made by this section shall apply to contribu- tions made in taxable years beginning after ginning’’ after ‘‘dispositions’’. December 31, 2009. tions made after December 31, 2009. (3) Clause (v) of section 857(b)(6)(D) is SEC. 266. EMPOWERMENT ZONE TAX INCENTIVES. SEC. 253. ENHANCED CHARITABLE DEDUCTION amended by inserting ‘‘in a taxable year be- (a) IN GENERAL.—Section 1391 is amended— FOR CORPORATE CONTRIBUTIONS ginning’’ after ‘‘sale’’. (1) by striking ‘‘December 31, 2009’’ in sub- OF COMPUTER INVENTORY FOR (4) Subparagraph (G) of section 857(b)(6) is EDUCATIONAL PURPOSES. section (d)(1)(A)(i) and inserting ‘‘December amended by inserting ‘‘in a taxable year be- (a) IN GENERAL.—Subparagraph (G) of sec- 31, 2010’’; and ginning’’ after ‘‘In the case of a sale’’. tion 170(e)(6) is amended by striking ‘‘De- (2) by striking the last sentence of sub- (c) EFFECTIVE DATE.—The amendments cember 31, 2009’’ and inserting ‘‘December 31, section (h)(2). made by this section shall apply to taxable 2010’’. (b) INCREASED EXCLUSION OF GAIN ON STOCK years ending after May 22, 2009. (b) EFFECTIVE DATE.—The amendment OF EMPOWERMENT ZONE BUSINESSES.—Sub- made by this section shall apply to contribu- SEC. 261. TREATMENT OF CERTAIN DIVIDENDS paragraph (C) of section 1202(a)(2) is amend- tions made in taxable years beginning after OF REGULATED INVESTMENT COM- ed— PANIES. December 31, 2009. (1) by striking ‘‘December 31, 2014’’ and in- (a) IN GENERAL.—Paragraphs (1)(C) and serting ‘‘December 31, 2015’’; and SEC. 254. ELECTION TO EXPENSE MINE SAFETY (2)(C) of section 871(k) are each amended by EQUIPMENT. (2) by striking ‘‘2014’’ in the heading and in- striking ‘‘December 31, 2009’’ and inserting serting ‘‘2015’’. (a) IN GENERAL.—Subsection (g) of section ‘‘December 31, 2010’’. 179E is amended by striking ‘‘December 31, (c) TREATMENT OF CERTAIN TERMINATION (b) EFFECTIVE DATE.—The amendments 2009’’ and inserting ‘‘December 31, 2010’’. DATES SPECIFIED IN NOMINATIONS.—In the made by this section shall apply to taxable case of a designation of an empowerment (b) EFFECTIVE DATE.—The amendment years beginning after December 31, 2009. made by this section shall apply to property zone the nomination for which included a placed in service after December 31, 2009. SEC. 262. RIC QUALIFIED INVESTMENT ENTITY termination date which is contemporaneous TREATMENT UNDER FIRPTA. with the date specified in subparagraph SEC. 255. SPECIAL EXPENSING RULES FOR CER- (a) IN GENERAL.—Clause (ii) of section (A)(i) of section 1391(d)(1) of the Internal TAIN FILM AND TELEVISION PRO- DUCTIONS. 897(h)(4)(A) is amended by striking ‘‘Decem- Revenue Code of 1986 (as in effect before the ber 31, 2009’’ and inserting ‘‘December 31, enactment of this Act), subparagraph (B) of (a) IN GENERAL.—Subsection (f) of section such section shall not apply with respect to 181 is amended by striking ‘‘December 31, 2010’’. such designation unless, after the date of the 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.— enactment of this section, the entity which (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—The amendment made by made such nomination reconfirms such ter- made by this section shall apply to produc- subsection (a) shall take effect on January 1, mination date, or amends the nomination to tions commencing after December 31, 2009. 2010. Notwithstanding the preceding sen- tence, such amendment shall not apply with provide for a new termination date, in such SEC. 256. EXPENSING OF ENVIRONMENTAL REME- manner as the Secretary of the Treasury (or DIATION COSTS. respect to the withholding requirement under section 1445 of the Internal Revenue the Secretary’s designee) may provide. (a) IN GENERAL.—Subsection (h) of section Code of 1986 for any payment made before (d) EFFECTIVE DATE.—The amendments 198 is amended by striking ‘‘December 31, made by this section shall apply to periods 2009’’ and inserting ‘‘December 31, 2010’’. the date of the enactment of this Act. (2) AMOUNTS WITHHELD ON OR BEFORE DATE after December 31, 2009. (b) EFFECTIVE DATE.—The amendment SEC. 267. TAX INCENTIVES FOR INVESTMENT IN made by this section shall apply to expendi- OF ENACTMENT.—In the case of a regulated in- vestment company— THE DISTRICT OF COLUMBIA. tures paid or incurred after December 31, (a) IN GENERAL.—Subsection (f) of section 2009. (A) which makes a distribution after De- cember 31, 2009, and before the date of the en- 1400 is amended by striking ‘‘December 31, SEC. 257. DEDUCTION ALLOWABLE WITH RE- actment of this Act; and 2009’’ each place it appears and inserting SPECT TO INCOME ATTRIBUTABLE (B) which would (but for the second sen- ‘‘December 31, 2010’’. TO DOMESTIC PRODUCTION ACTIVI- (b) TAX-EXEMPT DC EMPOWERMENT ZONE tence of paragraph (1)) have been required to TIES IN PUERTO RICO. BONDS.—Subsection (b) of section 1400A is withhold with respect to such distribution (a) IN GENERAL.—Subparagraph (C) of sec- amended by striking ‘‘December 31, 2009’’ and under section 1445 of such Code, tion 199(d)(8) is amended— inserting ‘‘December 31, 2010’’. (1) by striking ‘‘first 4 taxable years’’ and such investment company shall not be liable (c) ZERO-PERCENT CAPITAL GAINS RATE.— inserting ‘‘first 5 taxable years’’; and to any person to whom such distribution was (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), (2) by striking ‘‘January 1, 2010’’ and in- made for any amount so withheld and paid (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section serting ‘‘January 1, 2011’’. over to the Secretary of the Treasury. 1400B(b) are each amended by striking ‘‘Jan- (b) EFFECTIVE DATE.—The amendments SEC. 263. EXCEPTIONS FOR ACTIVE FINANCING uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. made by this section shall apply to taxable INCOME. (2) LIMITATION ON PERIOD OF GAINS.— years beginning after December 31, 2009. (a) IN GENERAL.—Sections 953(e)(10) and (A) IN GENERAL.—Paragraph (2) of section SEC. 258. MODIFICATION OF TAX TREATMENT OF 954(h)(9) are each amended by striking ‘‘Jan- 1400B(e) is amended— CERTAIN PAYMENTS TO CONTROL- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (i) by striking ‘‘December 31, 2014’’ and in- LING EXEMPT ORGANIZATIONS. (b) CONFORMING AMENDMENT.—Section serting ‘‘December 31, 2015’’; and (a) IN GENERAL.—Clause (iv) of section 953(e)(10) is amended by striking ‘‘December (ii) by striking ‘‘2014’’ in the heading and 512(b)(13)(E) is amended by striking ‘‘Decem- 31, 2009’’ and inserting ‘‘December 31, 2010’’. inserting ‘‘2015’’. ber 31, 2009’’ and inserting ‘‘December 31, (c) EFFECTIVE DATE.—The amendments (B) PARTNERSHIPS AND S-CORPS.—Paragraph 2010’’. made by this section shall apply to taxable (2) of section 1400B(g) is amended by striking (b) EFFECTIVE DATE.—The amendment years of foreign corporations beginning after ‘‘December 31, 2014’’ and inserting ‘‘Decem- made by this section shall apply to payments December 31, 2009, and to taxable years of ber 31, 2015’’. received or accrued after December 31, 2009. United States shareholders with or within (d) FIRST-TIME HOMEBUYER CREDIT.—Sub- SEC. 259. EXCLUSION OF GAIN OR LOSS ON SALE which any such taxable year of such foreign section (i) of section 1400C is amended by OR EXCHANGE OF CERTAIN corporation ends. striking ‘‘January 1, 2010’’ and inserting BROWNFIELD SITES FROM UNRE- ‘‘January 1, 2011’’. LATED BUSINESS INCOME. SEC. 264. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED CONTROLLED (e) EFFECTIVE DATES.— (a) IN GENERAL.—Subparagraph (K) of sec- FOREIGN CORPORATIONS UNDER (1) IN GENERAL.—Except as otherwise pro- tion 512(b)(19) is amended by striking ‘‘De- FOREIGN PERSONAL HOLDING COM- vided in this subsection, the amendments cember 31, 2009’’ and inserting ‘‘December 31, PANY RULES. made by this section shall apply to periods 2010’’. (a) IN GENERAL.—Subparagraph (C) of sec- after December 31, 2009. (b) EFFECTIVE DATE.—The amendment tion 954(c)(6) is amended by striking ‘‘Janu- (2) TAX-EXEMPT DC EMPOWERMENT ZONE made by this section shall apply to property ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. BONDS.—The amendment made by subsection acquired after December 31, 2009. (b) EFFECTIVE DATE.—The amendment (b) shall apply to bonds issued after Decem- SEC. 260. TIMBER REIT MODERNIZATION. made by this section shall apply to taxable ber 31, 2009. (a) IN GENERAL.—Paragraph (8) of section years of foreign corporations beginning after (3) ACQUISITION DATES FOR ZERO-PERCENT 856(c) is amended by striking ‘‘means’’ and December 31, 2009, and to taxable years of CAPITAL GAINS RATE.—The amendments made all that follows and inserting ‘‘means De- United States shareholders with or within by subsection (c) shall apply to property ac- cember 31, 2010.’’. which any such taxable year of such foreign quired or substantially improved after De- (b) CONFORMING AMENDMENTS.— corporation ends. cember 31, 2009.

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(4) HOMEBUYER CREDIT.—The amendment SEC. 270. PAYMENT TO AMERICAN SAMOA IN withstanding clause (iii)(II) of such subpara- made by subsection (d) shall apply to homes LIEU OF EXTENSION OF ECONOMIC graph) be treated as having been revoked by purchased after December 31, 2009. DEVELOPMENT CREDIT. the taxpayer. The Secretary of the Treasury (or his des- ‘‘(ii) COORDINATION WITH PROVISION FOR EX- SEC. 268. RENEWAL COMMUNITY TAX INCEN- ignee) shall pay $18,000,000 to the Govern- TIVES. PEDITED REFUND.—The amount otherwise ment of American Samoa for purposes of treated as a payment of estimated income (a) IN GENERAL.—Subsection (b) of section economic development. The payment made tax under the last sentence of paragraph (4) 1400E is amended— under the preceding sentence shall be treated shall be reduced (but not below zero) by the (1) by striking ‘‘December 31, 2009’’ in para- for purposes of section 1324 of title 31, United aggregate increase in unpaid tax liability de- graphs (1)(A) and (3) and inserting ‘‘Decem- States Code, as a refund of internal revenue termined under this chapter by reason of the collections to which such section applies. ber 31, 2010’’; and revocation of the election under clause (i). (2) by striking ‘‘January 1, 2010’’ in para- SEC. 271. ELECTION TO TEMPORARILY UTILIZE ‘‘(iii) APPLICATION OF STATUTE OF LIMITA- graph (3) and inserting ‘‘January 1, 2011’’. UNUSED AMT CREDITS DETERMINED BY DOMESTIC INVESTMENT. TIONS.—With respect to the revocation of an (b) ZERO-PERCENT CAPITAL GAINS RATE.— (a) IN GENERAL.—Section 53 is amended by election under clause (i)— (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), adding at the end the following new sub- ‘‘(I) the statutory period for the assess- (3)(A), (4)(A)(i), and (4)(B)(i) of section section: ment of any deficiency attributable to such 1400F(b) are each amended by striking ‘‘Jan- ‘‘(g) ELECTION FOR CORPORATIONS WITH NEW revocation shall not expire before the end of uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. DOMESTIC INVESTMENTS.— the 3-year period beginning on the date of (2) LIMITATION ON PERIOD OF GAINS.—Para- ‘‘(1) IN GENERAL.—If a corporation elects to the election to have this subsection apply, graph (2) of section 1400F(c) is amended— have this subsection apply for its first tax- and (A) by striking ‘‘December 31, 2014’’ and in- able year beginning after December 31, 2009, ‘‘(II) such deficiency may be assessed be- serting ‘‘December 31, 2015’’; and the limitation imposed by subsection (c) for fore the expiration of such 3-year period not- (B) by striking ‘‘2014’’ in the heading and in- such taxable year shall be increased by the withstanding the provisions of any other law serting ‘‘2015’’. AMT credit adjustment amount. or rule of law which would otherwise prevent (3) CLERICAL AMENDMENT.—Subsection (d) ‘‘(2) AMT CREDIT ADJUSTMENT AMOUNT.— such assessment. of section 1400F is amended by striking ‘‘and For purposes of paragraph (1), the term ‘‘(C) EXCEPTION FOR ELIGIBLE SMALL BUSI- ‘December 31, 2014’ for ‘December 31, 2014’ ’’. ‘AMT credit adjustment amount’ means, the NESSES.—Subparagraphs (A) and (B) shall not (c) COMMERCIAL REVITALIZATION DEDUC- lesser of— apply to an eligible small business as defined TION.— ‘‘(A) 50 percent of a corporation’s min- in section 172(b)(1)(H)(v)(II). (1) IN GENERAL.—Subsection (g) of section imum tax credit for its first taxable year be- ‘‘(8) REGULATIONS.—The Secretary may 1400I is amended by striking ‘‘December 31, ginning after December 31, 2009, determined issue such regulations or other guidance as 2009’’ and inserting ‘‘December 31, 2010’’. under subsection (b), or may be necessary or appropriate to carry out (2) CONFORMING AMENDMENT.—Subpara- ‘‘(B) 10 percent of new domestic invest- the purposes of this subsection, including to graph (A) of section 1400I(d)(2) is amended by ments made during such taxable year. prevent fraud and abuse under this sub- striking ‘‘after 2001 and before 2010’’ and in- ‘‘(3) NEW DOMESTIC INVESTMENTS.—For pur- section.’’. serting ‘‘which begins after 2001 and before poses of this subsection, the term ‘new do- (b) CONFORMING AMENDMENTS.— the date referred to in subsection (g)’’. mestic investments’ means the cost of quali- (1) Section 6211(b)(4)(A) is amended by in- (d) INCREASED EXPENSING UNDER SECTION fied property (as defined in section serting ‘‘53(g),’’ after ‘‘53(e),’’. 179.—Subparagraph (A) of section 1400J(b)(1) 168(k)(2)(A)(i))— (2) Section 1324(b)(2) of title 31, United is amended by striking ‘‘January 1, 2010’’ and ‘‘(A) the original use of which commences States Code, is amended by inserting ‘‘53(g),’’ inserting ‘‘January 1, 2011’’. with the taxpayer during the taxable year, after ‘‘53(e),’’. (c) EFFECTIVE DATE.—The amendments and (e) TREATMENT OF CERTAIN TERMINATION made by this section shall apply to taxable ‘‘(B) which is placed in service in the DATES SPECIFIED IN NOMINATIONS.—In the years beginning after December 31, 2009. case of a designation of a renewal commu- United States by the taxpayer during such taxable year. SEC. 272. STUDY OF EXTENDED TAX EXPENDI- nity the nomination for which included a TURES. ‘‘(4) CREDIT REFUNDABLE.—For purposes of termination date which is contemporaneous (a) FINDINGS.—Congress finds the fol- subsection (b) of section 6401, the aggregate with the date specified in subparagraph (A) lowing: increase in the credits allowable under this of section 1400E(b)(1) of the Internal Revenue (1) Currently, the aggregate cost of Federal part for any taxable year resulting from the Code of 1986 (as in effect before the enact- tax expenditures rivals, or even exceeds, the application of this subsection shall be treat- ment of this Act), subparagraph (B) of such amount of total Federal discretionary spend- ed as allowed under subpart C (and not under section shall not apply with respect to such ing. any other subpart). For purposes of section designation unless, after the date of the en- (2) Given the escalating public debt, a crit- 6425, any amount treated as so allowed shall actment of this section, the entity which ical examination of this use of taxpayer dol- be treated as a payment of estimated income made such nomination reconfirms such ter- lars is essential. tax for the taxable year. mination date, or amends the nomination to (3) Additionally, tax expenditures can com- ‘‘(5) ELECTION.—An election under this sub- provide for a new termination date, in such plicate the Internal Revenue Code of 1986 for section shall be made at such time and in manner as the Secretary of the Treasury (or taxpayers and complicate tax administration such manner as prescribed by the Secretary, the Secretary’s designee) may provide. for the Internal Revenue Service. and once made, may be revoked only with (f) EFFECTIVE DATES.— (4) To facilitate a better understanding of the consent of the Secretary. Not later than (1) IN GENERAL.—Except as otherwise pro- tax expenditures in the future, it is construc- 90 days after the date of the enactment of vided in this subsection, the amendments tive for legislation extending these provi- this subsection, the Secretary shall issue made by this section shall apply to periods sions to include a study of such provisions. guidance specifying such time and manner. after December 31, 2009. (b) REQUIREMENT TO REPORT.—Not later ‘‘(6) TREATMENT OF CERTAIN PARTNERSHIP (2) ACQUISITIONS.—The amendments made than November 30, 2010, the Chief of Staff of INVESTMENTS.—For purposes of this sub- by subsections (b)(1) and (d) shall apply to the Joint Committee on Taxation, in con- section, a corporation shall take into ac- acquisitions after December 31, 2009. sultation with the Comptroller General of count its allocable share of any new domes- (3) COMMERCIAL REVITALIZATION DEDUC- the United States, shall submit to the Com- tic investments by a partnership for any tax- TION.— mittee on Ways and Means of the House of able year if, and only if, more than 90 per- (A) IN GENERAL.—The amendment made by Representatives and the Committee on Fi- cent of the capital and profits interests in subsection (c)(1) shall apply to buildings nance of the Senate a report on each tax ex- such partnership are owned by such corpora- placed in service after December 31, 2009. penditure (as defined in section 3(3) of the tion (directly or indirectly) at all times dur- (B) CONFORMING AMENDMENT.—The amend- Congressional Budget Impoundment Control ing such taxable year. ment made by subsection (c)(2) shall apply to Act of 1974 (2 U.S.C. 622(3)) extended by this ‘‘(7) NO DOUBLE BENEFIT.— calendar years beginning after December 31, title. ‘‘(A) IN GENERAL.—A corporation making 2009. (c) ROLLING SUBMISSION OF REPORTS.—The an election under this subsection may not Chief of Staff of the Joint Committee on SEC. 269. TEMPORARY INCREASE IN LIMIT ON make an election under subparagraph (H) of Taxation shall initially submit the reports COVER OVER OF RUM EXCISE TAXES section 172(b)(1). for each such tax expenditure enacted in this TO PUERTO RICO AND THE VIRGIN ‘‘(B) SPECIAL RULES WITH RESPECT TO TAX- subtitle (relating to business tax relief) and ISLANDS. PAYERS PREVIOUSLY ELECTING APPLICABLE NET subtitle A (relating to energy) in order of the (a) IN GENERAL.—Paragraph (1) of section OPERATING LOSSES.—In the case of a corpora- tax expenditure incurring the least aggre- 7652(f) is amended by striking ‘‘January 1, tion which made an election under subpara- gate cost to the greatest aggregate cost (de- 2010’’ and inserting ‘‘January 1, 2011’’. graph (H) of section 172(b)(1) and elects the termined by reference to the cost estimate of (b) EFFECTIVE DATE.—The amendment application of this subsection— this Act by the Joint Committee on Tax- made by this section shall apply to distilled ‘‘(i) ELECTION OF APPLICABLE NET OPER- ation). Thereafter, such reports may be sub- spirits brought into the United States after ATING LOSS TREATED AS REVOKED.—The elec- mitted in such order as the Chief of Staff de- December 31, 2009. tion under such subparagraph (H) shall (not- termines appropriate.

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(d) CONTENTS OF REPORT.—Such reports SEC. 282. LOSSES ATTRIBUTABLE TO FEDERALLY TITLE III—PENSION FUNDING RELIEF shall contain the following: DECLARED DISASTERS. Subtitle A—Single-Employer Plans (1) An explanation of the tax expenditure (a) IN GENERAL.—Subclause (I) of section 165(h)(3)(B)(i) is amended by striking ‘‘Janu- SEC. 301. EXTENDED PERIOD FOR SINGLE-EM- and any relevant economic, social, or other PLOYER DEFINED BENEFIT PLANS context under which it was first enacted. ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. TO AMORTIZE CERTAIN SHORTFALL (2) A description of the intended purpose of (b) $500 LIMITATION.—Paragraph (1) of sec- AMORTIZATION BASES. the tax expenditure. tion 165(h) is amended by striking ‘‘Decem- (a) ERISA AMENDMENTS.— ber 31, 2009’’ and inserting ‘‘December 31, (3) An analysis of the overall success of the (1) IN GENERAL.—Section 303(c)(2) of the 2010’’. tax expenditure in achieving such purpose, Employee Retirement Income Security Act (c) EFFECTIVE DATE.— and evidence supporting such analysis. of 1974 (29 U.S.C. 1083(c)(2)) is amended by (1) IN GENERAL.—The amendment made by adding at the end the following subpara- (4) An analysis of the extent to which fur- subsection (a) shall apply to federally de- graphs: ther extending the tax expenditure, or mak- clared disasters occurring after December 31, ‘‘(D) SPECIAL RULE.— ing it permanent, would contribute to 2009. achieving such purpose. ‘‘(i) IN GENERAL.—In the case of the short- LIMITATION.—The amendment made (2) $500 fall amortization base of a plan for any ap- (5) A description of the direct and indirect by subsection (b) shall apply to taxable years plicable plan year, the shortfall amortiza- beneficiaries of the tax expenditure, includ- beginning after December 31, 2009. ing identifying any unintended beneficiaries. tion installments are the amounts described SEC. 283. SPECIAL DEPRECIATION ALLOWANCE in clause (ii) or (iii), if made applicable by an (6) An analysis of whether the tax expendi- FOR QUALIFIED DISASTER PROP- ture is the most cost-effective method for ERTY. election under clause (iv). In the absence of a timely election, such installments shall be achieving the purpose for which it was in- (a) IN GENERAL.—Subclause (I) of section tended, and a description of any more cost- 168(n)(2)(A)(ii) is amended by striking ‘‘Janu- determined without regard to this subpara- effective methods through which such pur- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. graph. pose could be accomplished. (b) EFFECTIVE DATE.—The amendment ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The (7) A description of any unintended effects made by this section shall apply to disasters shortfall amortization installments de- of the tax expenditure that are useful in un- occurring after December 31, 2009. scribed in this clause are— derstanding the tax expenditure’s overall SEC. 284. NET OPERATING LOSSES ATTRIB- ‘‘(I) in the case of the first 2 plan years in value. UTABLE TO FEDERALLY DECLARED the 9-plan-year period beginning with the ap- (8) An analysis of how the tax expenditure DISASTERS. plicable plan year, interest on the shortfall could be modified to better achieve its origi- (a) IN GENERAL.—Subclause (I) of section amortization base (determined by using the nal purpose. 172(j)(1)(A)(i) is amended by striking ‘‘Janu- effective interest rate for the applicable plan (9) A brief description of any interactions ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. year), and (actual or potential) with other tax expendi- (b) EFFECTIVE DATE.—The amendment ‘‘(II) in the case of the last 7 plan years in made by this section shall apply to losses at- tures or direct spending programs in the such 9-plan-year period, the amounts nec- tributable to disasters occurring after De- same or related budget function worthy of essary to amortize the balance of such short- cember 31, 2009. fall amortization base in level annual in- further study. SEC. 285. EXPENSING OF QUALIFIED DISASTER stallments over such last 7 plan years (deter- (10) A description of any unavailable infor- EXPENSES. mined using the segment rates determined mation the staff of the Joint Committee on (a) IN GENERAL.—Subparagraph (A) of sec- under subparagraph (C) of subsection (h)(2) Taxation may need to complete a more thor- tion 198A(b)(2) is amended by striking ‘‘Janu- for the applicable plan year, applied under ough examination and analysis of the tax ex- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. rules similar to the rules of subparagraph (B) penditure, and what must be done to make (b) EFFECTIVE DATE.—The amendment of subsection (h)(2)). such information available. made by this section shall apply to expendi- ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall (e) MINIMUM ANALYSIS BY DEADLINE.—In tures on account of disasters occurring after amortization installments described in this the event the Chief of Staff of the Joint December 31, 2009. clause are the amounts under subparagraphs Committee on Taxation concludes it will not PART II—REGIONAL PROVISIONS (A) and (B) determined by substituting ‘15 be feasible to complete all reports by the Subpart A—New York Liberty Zone plan-year period’ for ‘7-plan-year period’. date specified in subsection (a), at a min- SEC. 291. SPECIAL DEPRECIATION ALLOWANCE ‘‘(iv) ELECTION.— imum, the reports for each tax expenditure FOR NONRESIDENTIAL AND RESI- ‘‘(I) IN GENERAL.—The plan sponsor may, enacted in this subtitle (relating to business DENTIAL REAL PROPERTY. with respect to a plan, elect, with respect to tax relief) and subtitle A (relating to energy) (a) IN GENERAL.—Subparagraph (A) of sec- any of not more than 2 applicable plan years, shall be completed by such date. tion 1400L(b)(2) is amended by striking ‘‘De- to determine shortfall amortization install- Subtitle D—Temporary Disaster Relief cember 31, 2009’’ and inserting ‘‘December 31, ments under this subparagraph. An election Provisions 2010’’. under either clause (ii) or clause (iii) may be (b) EFFECTIVE DATE.—The amendment made with respect to either of such applica- PART I—NATIONAL DISASTER RELIEF made by this section shall apply to property ble plan years. SEC. 281. WAIVER OF CERTAIN MORTGAGE REV- placed in service after December 31, 2009. ‘‘(II) ELIGIBILITY FOR ELECTION.—An elec- ENUE BOND REQUIREMENTS. SEC. 292. TAX-EXEMPT BOND FINANCING. tion may be made to determine shortfall am- (a) IN GENERAL.—Subparagraph (D) of sec- ortization installments under this subpara- (a) IN GENERAL.—Paragraph (11) of section tion 1400L(d)(2) is amended by striking ‘‘Jan- 143(k) is amended by striking ‘‘January 1, graph with respect to a plan only if, as of the uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. 2010’’ and inserting ‘‘January 1, 2011’’. date of the election— (b) EFFECTIVE DATE.—The amendment ‘‘(aa) the plan sponsor is not a debtor in a (b) SPECIAL RULE FOR RESIDENCES DE- made by this section shall apply to bonds case under title 11, United States Code, or STROYED IN FEDERALLY DECLARED DISAS- issued after December 31, 2009. similar Federal or State law, TERS.—Paragraph (13) of section 143(k), as re- Subpart B—GO Zone ‘‘(bb) there are no unpaid minimum re- designated by subsection (c), is amended by SEC. 295. INCREASE IN REHABILITATION CREDIT. quired contributions with respect to the plan striking ‘‘January 1, 2010’’ in subparagraphs (a) IN GENERAL.—Subsection (h) of section for purposes of section 4971 of the Internal (A)(i) and (B)(i) and inserting ‘‘January 1, 1400N is amended by striking ‘‘December 31, Revenue Code of 1986, 2011’’. 2009’’ and inserting ‘‘December 31, 2010’’. ‘‘(cc) there is no lien in favor of the plan (c) TECHNICAL AMENDMENT.—Subsection (k) (b) EFFECTIVE DATE.—The amendment under subsection (k) or under section 430(k) of section 143 is amended by redesignating made by this section shall apply to amounts of such Code, and the second paragraph (12) (relating to special paid or incurred after December 31, 2009. ‘‘(dd) a distress termination has not been rules for residences destroyed in federally SEC. 296. WORK OPPORTUNITY TAX CREDIT WITH initiated for the plan under section 4041(c). declared disasters) as paragraph (13). RESPECT TO CERTAIN INDIVIDUALS ‘‘(III) RULES RELATING TO ELECTION.—Such (d) EFFECTIVE DATES.— AFFECTED BY HURRICANE KATRINA election shall be made at such times, and in FOR EMPLOYERS INSIDE DISASTER (1) IN GENERAL.—Except as otherwise pro- such form and manner, as shall be prescribed AREAS. vided in this subsection, the amendment by the Secretary of the Treasury and shall (a) IN GENERAL.—Paragraph (1) of section made by this section shall apply to bonds be irrevocable, except under such limited cir- 201(b) of the Katrina Emergency Tax Relief issued after December 31, 2009. Act of 2005 is amended by striking ‘‘4-year’’ cumstances, and subject to such conditions, (2) RESIDENCES DESTROYED IN FEDERALLY and inserting ‘‘5-year’’. as such Secretary may prescribe. DECLARED DISASTERS.—The amendments (b) EFFECTIVE DATE.—The amendment ‘‘(E) APPLICABLE PLAN YEAR.— made by subsection (b) shall apply with re- made by subsection (a) shall apply to indi- ‘‘(i) IN GENERAL.—For purposes of this spect to disasters occurring after December viduals hired after August 27, 2009. paragraph, the term ‘applicable plan year’ 31, 2009. SEC. 297. EXTENSION OF LOW-INCOME HOUSING means, subject to the election of the plan (3) TECHNICAL AMENDMENT.—The amend- CREDIT RULES FOR BUILDINGS IN sponsor under subparagraph (D)(iv), each of ment made by subsection (c) shall take ef- GO ZONES. not more than 2 of the plan years beginning fect as if included in section 709 of the Tax Section 1400N(c)(5) is amended by striking in 2008, 2009, 2010, or 2011. Extenders and Alternative Minimum Tax Re- ‘‘January 1, 2011’’ and inserting ‘‘January 1, ‘‘(ii) SPECIAL RULE RELATING TO 2008.—A lief Act of 2008. 2013’’. plan year may be elected as an applicable

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plan year pursuant to this subparagraph only amount with respect to the next succeeding ‘‘(VII) INDEXING OF AMOUNT.—In the case of if the due date under subsection (j)(1) for the plan year. any calendar year beginning after 2010, the payment of the minimum required contribu- ‘‘(cc) LIMITATION ON YEARS TO WHICH dollar amount under subclause (I)(aa)(BB) tion for such plan year occurs on or after AMOUNTS CARRIED FORWARD.—No amount shall be increased by an amount equal to— March 10, 2010. shall be carried forward under item (aa) or ‘‘(aa) such dollar amount, multiplied by ‘‘(F) INCREASES IN SHORTFALL AMORTIZATION (bb) to a plan year which begins after the ‘‘(bb) the cost-of-living adjustment deter- INSTALLMENTS IN CASES OF EXCESS COMPENSA- last plan year in the restriction period (or mined under section 1(f)(3) of the Internal TION OR CERTAIN DIVIDENDS OR STOCK REDEMP- after the second plan year following such Revenue Code of 1986 for the calendar year, TIONS.— last plan year in the case of an election year determined by substituting ‘calendar year ‘‘(i) IN GENERAL.—If, with respect to an with respect to which 15-year amortization 2009’ for ‘calendar year 1992’ in subparagraph election for an applicable plan year under was elected under subparagraph (D)(iii)). (B) thereof. subparagraph (D), there is an installment ac- ‘‘(dd) ORDERING RULES.—For purposes of applying item (bb), installment acceleration If the amount of any increase under clause celeration amount with respect to a plan for (i) is not a multiple of $20,000, such increase any plan year in the restriction period (or if amounts for the plan year (determined with- out regard to any carryover under this shall be rounded to the next lowest multiple there is an installment acceleration amount of $20,000. carried forward to a plan year not in the re- clause) shall be applied first against the lim- ‘‘(v) CERTAIN DIVIDENDS AND REDEMP- striction period), then the shortfall amorti- itation under subclause (II) and then TIONS.— zation installment otherwise determined and carryovers to such plan year shall be applied against such limitation on a first-in, first- ‘‘(I) IN GENERAL.—The dividend and re- payable under this paragraph for such plan out basis. demption amount determined under this year shall be increased by such amount. ‘‘(iv) EXCESS EMPLOYEE COMPENSATION.— clause for any plan year is the lesser of— ‘‘(ii) BACK-END ADJUSTMENT TO AMORTIZA- ‘‘(I) IN GENERAL.—For purposes of this ‘‘(aa) the excess of— TION SCHEDULE.—Subject to rules prescribed paragraph, the term ‘excess employee com- ‘‘(AA) the sum of the dividends paid during by the Secretary of the Treasury, if a short- pensation’ means the sum of— the plan year by the plan sponsor, plus the fall amortization installment with respect to ‘‘(aa) with respect to any employee, for amounts paid for the redemption of stock of any shortfall amortization base for an appli- any plan year, the excess (if any) of— cable plan year is required to be increased the plan sponsor redeemed during the plan ‘‘(AA) the aggregate amount includible in year, over for any plan year under clause (i), subse- income under chapter 1 of the Internal Rev- quent shortfall amortization installments ‘‘(BB) an amount equal to the average of enue Code of 1986 for remuneration during adjusted annual net income of the plan spon- with respect to such base shall be reduced, in the calendar year in which such plan year reverse order of the otherwise required in- sor for the last 5 fiscal years of the plan begins for services performed by the em- sponsor ending before such plan year, or stallments beginning with the final sched- ployee for the plan sponsor (whether or not uled installment, to the extent necessary to ‘‘(bb) the sum of— performed during such calendar year), over ‘‘(AA) the amounts paid for the redemption limit the present value of such subsequent ‘‘(BB) $1,000,000, plus of stock of the plan sponsor redeemed during shortfall amortization installments (after ‘‘(bb) the amount of assets set aside or re- the plan year, plus application of this subparagraph) to the served (directly or indirectly) in a trust (or ‘‘(BB) the excess of dividends paid during present value of the remaining unamortized other arrangement as determined by the Sec- shortfall amortization base. retary of the Treasury), or transferred to the plan year by the plan sponsor over the ‘‘(iii) INSTALLMENT ACCELERATION such a trust or other arrangement, during dividend base amount. AMOUNT.—For purposes of this subpara- the calendar year by a plan sponsor for pur- ‘‘(II) DEFINITIONS.— graph— poses of paying deferred compensation of an ‘‘(aa) ADJUSTED ANNUAL NET INCOME.—For ‘‘(I) IN GENERAL.—The term ‘installment employee under a nonqualified deferred com- purposes of subclause (I)(aa)(BB), the term acceleration amount’ means, with respect to pensation plan (as defined in section 409A of ‘adjusted annual net income’ with respect to any plan year in a restriction period with re- such Code) of the plan sponsor. any fiscal year means annual net income, de- spect to an applicable plan year, the sum ‘‘(II) NO DOUBLE COUNTING.—No amount termined in accordance with generally ac- of— shall be taken into account under subclause cepted accounting principles (before after- ‘‘(aa) the aggregate amount of excess em- (I) more than once. tax gain or loss on any sale of assets), but ployee compensation determined under ‘‘(III) EMPLOYEE; REMUNERATION.—For pur- without regard to any reduction by reason of clause (iv) for the plan year, plus poses of this clause, the term ‘employee’ in- depreciation or amortization, except that in ‘‘(bb) the dividend and redemption amount cludes, with respect to a calendar year, a no event shall adjusted annual net income determined under clause (v) for the plan self-employed individual who is treated as an for any fiscal year be less than zero. year. employee under section 401(c) of the Internal ‘‘(bb) DIVIDEND BASE AMOUNT.—For pur- ‘‘(II) CUMULATIVE LIMITATION.—The install- Revenue Code of 1986 for the taxable year poses of this clause, the term ‘dividend base ment acceleration amount for any plan year ending during such calendar year, and the amount’ means, with respect to a plan year, shall not exceed the excess (if any) of— term ‘remuneration’ shall include earned in- an amount equal to the greater of— ‘‘(aa) the sum of the shortfall amortization come of such an individual. ‘‘(AA) the median of the amounts of the installments for the plan year and all pre- ‘‘(IV) CERTAIN PAYMENTS UNDER EXISTING dividends paid during each of the last 5 fiscal ceding plan years in the amortization period CONTRACTS.—There shall not be taken into years of the plan sponsor ending before such elected under subparagraph (D) with respect account under subclause (I)(aa) any remu- plan year, or to the shortfall amortization base with re- neration consisting of nonqualified deferred ‘‘(BB) the amount of dividends paid during spect to an applicable year, determined with- compensation, restricted stock (or restricted such plan year on preferred stock that was out regard to subparagraph (D) and this sub- stock units), stock options, or stock appre- issued on or before May 21, 2010, or that is re- paragraph, over ciation rights payable or granted under a placement stock for such preferred stock. ‘‘(bb) the sum of the shortfall amortization written binding contract that was in effect ‘‘(III) ONLY CERTAIN POST-2009 DIVIDENDS installments for such plan year and all such on March 1, 2010, and which was not modified AND REDEMPTIONS COUNTED.—For purposes of preceding plan years, determined after appli- in any material respect before such remu- cation of subparagraph (D) (and in the case neration is paid. subclause (I) (other than for purposes of cal- culating the dividend base amount), there of any preceding plan year, after application ‘‘(V) ONLY REMUNERATION FOR POST-2009 shall only be taken into account dividends of this subparagraph). SERVICES COUNTED.—Remuneration shall be ‘‘(III) CARRYOVER OF EXCESS INSTALLMENT taken into account under subclause (I)(aa) declared, and redemptions occurring, after ACCELERATION AMOUNTS.— only to the extent attributable to services February 28, 2010. ‘‘(aa) IN GENERAL.—If the installment ac- performed by the employee for the plan spon- ‘‘(IV) EXCEPTION FOR INTRA-GROUP DIVI- celeration amount for any plan year (deter- sor after December 31, 2009. DENDS.—Dividends paid by one member of a mined without regard to subclause (II)) ex- ‘‘(VI) COMMISSIONS.— controlled group (as defined in section ceeds the limitation under subclause (II), ‘‘(aa) IN GENERAL.—There shall not be 302(d)(3)) to another member of such group then, subject to item (bb), such excess shall taken into account under subclause (I)(aa) shall not be taken into account under sub- be treated as an installment acceleration any remuneration payable on a commission clause (I). amount for the succeeding plan year. basis solely on account of income directly ‘‘(V) EXCEPTION FOR STOCK DIVIDENDS.—Any ‘‘(bb) CAP TO APPLY.—If any amount treat- generated by the individual performance of distribution by the plan sponsor to its share- ed as an installment acceleration amount the individual to whom such remuneration is holders of stock issued by the plan sponsor under item (aa) or this item with respect any payable. shall not be taken into account under sub- succeeding plan year, when added to other ‘‘(bb) SPECIFIED EMPLOYEES.—Item (aa) clause (I). installment acceleration amounts (deter- shall not apply in the case of any specified ‘‘(VI) EXCEPTION FOR CERTAIN REDEMP- mined without regard to subclause (II)) with employee (within the meaning of section TIONS.—The following shall not be taken into respect to the plan year, exceeds the limita- 409A(a)(2)(B)(i) of the Internal Revenue Code account under subclause (I): tion under subclause (II), the portion of such of 1986) or any employee who would be such ‘‘(aa) Redemptions of securities which, at amount representing such excess shall be a specified employee if the plan sponsor were the time of redemption, are not listed on an treated as an installment acceleration a corporation described in such section. established securities market and—

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.050 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5334 CONGRESSIONAL RECORD — SENATE June 23, 2010 ‘‘(AA) are made pursuant to a pension plan ‘‘(A) a statement that recently enacted ‘‘(ii) any excess employee compensation that is qualified under section 401 of the In- legislation permits employers to delay pen- amounts and any dividends and redemptions ternal Revenue Code of 1986 or a shareholder- sion funding; amounts determined under section approved program, or ‘‘(B) with respect to required contribu- 303(c)(2)(F) for the preceding plan year with ‘‘(BB) are made on account of an employ- tions— respect to the plan, and’’. ee’s termination of employment with the ‘‘(i) the amount of contributions that (3) DISREGARD OF INSTALLMENT ACCELERA- plan sponsor, or the death or disability of a would have been required had the election TION AMOUNTS IN DETERMINING QUARTERLY shareholder. not been made; CONTRIBUTIONS.—Section 303(j)(3) of such Act ‘‘(bb) Redemptions of securities which are ‘‘(ii) the amount of the reduction in re- (29 U.S.C. 1083(j)(3)) is amended by adding at not, immediately after issuance, listed on an quired contributions for the applicable plan the end the following new subparagraph: established securities market and are, or had year that occurs on account of the election; ‘‘(F) DISREGARD OF INSTALLMENT ACCELERA- previously been— and TION AMOUNTS.—Subparagraph (D) shall be ‘‘(AA) held, directly or indirectly, by, or ‘‘(iii) the number of plan years to which applied without regard to any increase under for the benefit of, the Federal Government or such reduction will apply; subsection (c)(2)(F).’’. a Federal reserve bank, or ‘‘(C) with respect to a plan’s funding status (4) CONFORMING AMENDMENT.—Section ‘‘(BB) held by a national government (or a as of the end of the plan year preceding the 303(c)(1) of such Act (29 U.S.C. 1083(c)(1)) is government-related entity of such a govern- applicable plan year— amended by striking ‘‘the shortfall amortiza- ment) or an employee benefit plan if such ‘‘(i) the liabilities determined under sec- tion bases for such plan year and each of the tion 4010(d)(1)(A); and shares are substantially identical to shares 6 preceding plan years’’ and inserting ‘‘any ‘‘(ii) the market value of assets of the plan; described in subitem (AA). shortfall amortization base which has not and ‘‘(vi) OTHER DEFINITIONS AND RULES.—For been fully amortized under this subsection’’. ‘‘(D) with respect to installment accelera- purposes of this subparagraph— (b) IRC AMENDMENTS.— tion amounts (as defined in section ‘‘(I) PLAN SPONSOR.—The term ‘plan spon- (1) IN GENERAL.—Section 430(c)(2) of the In- 303(c)(2)(F)(iii)(I))— ternal Revenue Code of 1986 is amended by sor’ includes any member of the plan spon- ‘‘(i) an explanation of section 303(c)(2)(F) adding at the end the following subpara- sor’s controlled group (as defined in section (relating to increases in shortfall amortiza- 302(d)(3)). tion installments in cases of excess com- graphs: ‘‘(II) RESTRICTION PERIOD.—The term ‘re- pensation or certain dividends or stock re- ‘‘(D) SPECIAL RULE.— striction period’ means, with respect to any demptions); and ‘‘(i) IN GENERAL.—In the case of the short- applicable plan year with respect to which ‘‘(ii) a statement that increases in required fall amortization base of a plan for any ap- an election is made under subparagraph (D)— contributions may occur in the event of fu- plicable plan year, the shortfall amortiza- ‘‘(aa) except as provided in item (bb), the 3- ture payments of excess employee compensa- tion installments are the amounts described year period beginning with the applicable tion or certain share repurchasing or divi- in clause (ii) or (iii), if made applicable by an plan year (or, if later, the first plan year be- dend activity and that subsequent notices of election under clause (iv). In the absence of ginning after December 31, 2009), or any such payments or activity will be pro- a timely election, such installments shall be ‘‘(bb) if the plan sponsor elects 15-year am- vided in the annual funding notice provided determined without regard to this subpara- ortization for the shortfall amortization base pursuant to section 101(f). graph. for the applicable plan year, the 5-year pe- ‘‘(3) OTHER REQUIREMENTS.— ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The riod beginning with such plan year (or, if ‘‘(A) FORM.—The notice required by para- shortfall amortization installments de- later, the first plan year beginning after De- graph (1) shall be written in a manner cal- scribed in this clause are— cember 31, 2009). culated to be understood by the average plan ‘‘(I) in the case of the first 2 plan years in ‘‘(III) ELECTIONS FOR MULTIPLE PLANS.—If a participant. The Secretary of the Treasury the 9-plan-year period beginning with the ap- plan sponsor makes elections under subpara- shall prescribe a model notice that a plan ad- plicable plan year, interest on the shortfall graph (D) with respect to 2 or more plans, ministrator may use to satisfy the require- amortization base (determined by using the the Secretary of the Treasury shall provide ments of paragraph (1). effective interest rate for the applicable plan rules for the application of this subpara- ‘‘(B) PROVISION TO DESIGNATED PERSONS.— year), and graph to such plans, including rules for the Any notice under paragraph (1) may be pro- ‘‘(II) in the case of the last 7 plan years in ratable allocation of any installment accel- vided to a person designated, in writing, by such 9-plan-year period, the amounts nec- eration amount among such plans on the the person to which it would otherwise be essary to amortize the balance of such short- basis of each plan’s relative reduction in the provided. fall amortization base in level annual in- plan’s shortfall amortization installment for ‘‘(4) EFFECT OF EGREGIOUS FAILURE.— stallments over such last 7 plan years (deter- the first plan year in the amortization period ‘‘(A) IN GENERAL.—In the case of any egre- mined using the segment rates determined described in clause (i) (determined without gious failure to meet any requirement of this under subparagraph (C) of subsection (h)(2) regard to this subparagraph). subsection with respect to any election, such for the applicable plan year, applied under rules similar to the rules of subparagraph (B) ‘‘(G) MERGERS AND ACQUISITIONS.—The Sec- election shall be treated as having not been retary of the Treasury shall prescribe rules made. of subsection (h)(2)). for the application of subparagraphs (D) and ‘‘(B) EGREGIOUS FAILURE.—For purposes of ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall amortization installments described in this (F) in any case where there is a merger or ac- subparagraph (A), there is an egregious fail- clause are the amounts under subparagraphs quisition involving a plan sponsor making ure to meet the requirements of this sub- section if such failure is in the control of the (A) and (B) determined by substituting ‘15 the election under subparagraph (D). plan sponsor and is— plan-year period’ for ‘7-plan-year period’. ‘‘(H) REGULATIONS AND GUIDANCE.—The ‘‘(i) an intentional failure (including any ‘‘(iv) ELECTION.— Secretary of the Treasury may prescribe failure to promptly provide the required no- ‘‘(I) IN GENERAL.—The plan sponsor may, such regulations and other guidance of gen- tice or information after the plan adminis- with respect to a plan, elect, with respect to eral applicability as such Secretary may de- trator discovers an unintentional failure to any of not more than 2 applicable plan years, termine necessary to achieve the purposes of meet the requirements of this subsection), to determine shortfall amortization install- subparagraphs (D) and (F).’’. ‘‘(ii) a failure to provide most of the par- ments under this subparagraph. An election (2) NOTICE REQUIREMENT.—Section 204 of ticipants and beneficiaries with most of the under either clause (ii) or clause (iii) may be such Act (29 U.S.C. 1054) is amended— information they are entitled to receive made with respect to either of such applica- (A) by redesignating subsection (k) as sub- under this subsection, or ble plan years. section (l); and ‘‘(iii) a failure which is determined to be ‘‘(II) ELIGIBILITY FOR ELECTION.—An elec- (B) by inserting after subsection (j) the fol- egregious under regulations prescribed by tion may be made to determine shortfall am- lowing new subsection: the Secretary of the Treasury. ortization installments under this subpara- ‘‘(k) NOTICE IN CONNECTION WITH SHORT- ‘‘(5) USE OF NEW TECHNOLOGIES.—The Sec- graph with respect to a plan only if, as of the FALL AMORTIZATION ELECTION.— retary of the Treasury may, in consultation date of the election— ‘‘(1) IN GENERAL.—Not later 30 days after with the Secretary, by regulations or other ‘‘(aa) the plan sponsor is not a debtor in a the date of an election under clause (iv) of guidance of general applicability, allow any case under title 11, United States Code, or section 303(c)(2)(D) in connection with a sin- notice under this subsection to be provided similar Federal or State law, gle-employer plan, the plan administrator using new technologies.’’. ‘‘(bb) there are no unpaid minimum re- shall provide notice of such election in ac- (C) SUBSEQUENT SUPPLEMENTAL NOTICES.— quired contributions with respect to the plan cordance with this subsection to each plan Section 101(f)(2)(C) of such Act (29 U.S.C. for purposes of section 4971, participant and beneficiary, each labor orga- 1021(f)(2)(C)) is amended— ‘‘(cc) there is no lien in favor of the plan nization representing such participants and (i) by striking ‘‘and’’ at the end of clause under subsection (k) or under section 303(k) beneficiaries, and the Pension Benefit Guar- (i); of the Employee Retirement Income Secu- anty Corporation. (ii) by redesignating clause (ii) as clause rity Act of 1974, and ‘‘(2) MATTERS INCLUDED IN NOTICE.—Each (iii); and ‘‘(dd) a distress termination has not been notice provided pursuant to this subsection (iii) by inserting after clause (i) the fol- initiated for the plan under section 4041(c) of shall set forth— lowing new clause: such Act.

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‘‘(III) RULES RELATING TO ELECTION.—Such mined without regard to subclause (II)) ex- ‘‘(aa) IN GENERAL.—There shall not be election shall be made at such times, and in ceeds the limitation under subclause (II), taken into account under subclause (I)(aa) such form and manner, as shall be prescribed then, subject to item (bb), such excess shall any remuneration payable on a commission by the Secretary and shall be irrevocable, ex- be treated as an installment acceleration basis solely on account of income directly cept under such limited circumstances, and amount for the succeeding plan year. generated by the individual performance of subject to such conditions, as the Secretary ‘‘(bb) CAP TO APPLY.—If any amount treat- the individual to whom such remuneration is may prescribe. ed as an installment acceleration amount payable. ‘‘(E) APPLICABLE PLAN YEAR.— under item (aa) or this item with respect any ‘‘(bb) SPECIFIED EMPLOYEES.—Item (aa) ‘‘(i) IN GENERAL.—For purposes of this succeeding plan year, when added to other shall not apply in the case of any specified paragraph, the term ‘applicable plan year’ installment acceleration amounts (deter- employee (within the meaning of section means, subject to the election of the plan mined without regard to subclause (II)) with 409A(a)(2)(B)(i)) or any employee who would sponsor under subparagraph (D)(iv), each of respect to the plan year, exceeds the limita- be such a specified employee if the plan not more than 2 of the plan years beginning tion under subclause (II), the portion of such sponsor were a corporation described in such in 2008, 2009, 2010, or 2011. amount representing such excess shall be section. ‘‘(ii) SPECIAL RULE RELATING TO 2008.—A treated as an installment acceleration ‘‘(VII) INDEXING OF AMOUNT.—In the case of plan year may be elected as an applicable amount with respect to the next succeeding any calendar year beginning after 2010, the plan year pursuant to this subparagraph only plan year. dollar amount under subclause (I)(aa)(BB) if the due date under subsection (j)(1) for the ‘‘(cc) LIMITATION ON YEARS TO WHICH shall be increased by an amount equal to— payment of the minimum required contribu- AMOUNTS CARRIED FORWARD.—No amount ‘‘(aa) such dollar amount, multiplied by tion for such plan year occurs on or after shall be carried forward under item (aa) or ‘‘(bb) the cost-of-living adjustment deter- March 10, 2010. (bb) to a plan year which begins after the mined under section 1(f)(3) for the calendar ‘‘(F) INCREASES IN SHORTFALL AMORTIZATION last plan year in the restriction period (or year, determined by substituting ‘calendar INSTALLMENTS IN CASES OF EXCESS COMPENSA- after the second plan year following such year 2009’ for ‘calendar year 1992’ in subpara- TION OR CERTAIN DIVIDENDS OR STOCK REDEMP- last plan year in the case of an election year graph (B) thereof. TIONS.— with respect to which 15-year amortization If the amount of any increase under clause ‘‘(i) IN GENERAL.—If, with respect to an election for an applicable plan year under was elected under subparagraph (D)(iii)). (i) is not a multiple of $20,000, such increase subparagraph (D), there is an installment ac- ‘‘(dd) ORDERING RULES.—For purposes of shall be rounded to the next lowest multiple celeration amount with respect to a plan for applying item (bb), installment acceleration of $20,000. any plan year in the restriction period (or if amounts for the plan year (determined with- ‘‘(v) CERTAIN DIVIDENDS AND REDEMP- there is an installment acceleration amount out regard to any carryover under this TIONS.— carried forward to a plan year not in the re- clause) shall be applied first against the lim- ‘‘(I) IN GENERAL.—The dividend and re- striction period), then the shortfall amorti- itation under subclause (II) and then demption amount determined under this zation installment otherwise determined and carryovers to such plan year shall be applied clause for any plan year is the lesser of— payable under this paragraph for such plan against such limitation on a first-in, first- ‘‘(aa) the excess of— year shall be increased by such amount. out basis. ‘‘(AA) the sum of the dividends paid during ‘‘(ii) BACK-END ADJUSTMENT TO AMORTIZA- ‘‘(iv) EXCESS EMPLOYEE COMPENSATION.— the plan year by the plan sponsor, plus the TION SCHEDULE.—Subject to rules prescribed ‘‘(I) IN GENERAL.—For purposes of this amounts paid for the redemption of stock of by the Secretary, if a shortfall amortization paragraph, the term ‘excess employee com- the plan sponsor redeemed during the plan installment with respect to any shortfall pensation’ means the sum of— year, over amortization base for an applicable plan ‘‘(aa) with respect to any employee, for ‘‘(BB) an amount equal to the average of year is required to be increased for any plan any plan year, the excess (if any) of— adjusted annual net income of the plan spon- year under clause (i), subsequent shortfall ‘‘(AA) the aggregate amount includible in sor for the last 5 fiscal years of the plan amortization installments with respect to income under chapter 1 for remuneration sponsor ending before such plan year, or such base shall be reduced, in reverse order during the calendar year in which such plan ‘‘(bb) the sum of— of the otherwise required installments begin- year begins for services performed by the ‘‘(AA) the amounts paid for the redemption ning with the final scheduled installment, to employee for the plan sponsor (whether or of stock of the plan sponsor redeemed during the extent necessary to limit the present not performed during such calendar year), the plan year, plus value of such subsequent shortfall amortiza- over ‘‘(BB) the excess of dividends paid during tion installments (after application of this ‘‘(BB) $1,000,000, plus the plan year by the plan sponsor over the subparagraph) to the present value of the re- ‘‘(bb) the amount of assets set aside or re- dividend base amount. maining unamortized shortfall amortization served (directly or indirectly) in a trust (or ‘‘(II) DEFINITIONS.— base. other arrangement as determined by the Sec- ‘‘(aa) ADJUSTED ANNUAL NET INCOME.—For ‘‘(iii) INSTALLMENT ACCELERATION retary), or transferred to such a trust or purposes of subclause (I)(aa)(BB), the term AMOUNT.—For purposes of this subpara- other arrangement, during the calendar year ‘adjusted annual net income’ with respect to graph— by a plan sponsor for purposes of paying de- any fiscal year means annual net income, de- ‘‘(I) IN GENERAL.—The term ‘installment ferred compensation of an employee under a termined in accordance with generally ac- acceleration amount’ means, with respect to nonqualified deferred compensation plan (as cepted accounting principles (before after- any plan year in a restriction period with re- defined in section 409A) of the plan sponsor. tax gain or loss on any sale of assets), but spect to an applicable plan year, the sum ‘‘(II) NO DOUBLE COUNTING.—No amount without regard to any reduction by reason of of— shall be taken into account under subclause depreciation or amortization, except that in ‘‘(aa) the aggregate amount of excess em- (I) more than once. no event shall adjusted annual net income ployee compensation determined under ‘‘(III) EMPLOYEE; REMUNERATION.—For pur- for any fiscal year be less than zero. clause (iv) for the plan year, plus poses of this clause, the term ‘employee’ in- ‘‘(bb) DIVIDEND BASE AMOUNT.—For pur- ‘‘(bb) the dividend and redemption amount cludes, with respect to a calendar year, a poses of this clause, the term ‘dividend base determined under clause (v) for the plan self-employed individual who is treated as an amount’ means, with respect to a plan year, year. employee under section 401(c) for the taxable an amount equal to the greater of— ‘‘(II) CUMULATIVE LIMITATION.—The install- year ending during such calendar year, and ‘‘(AA) the median of the amounts of the ment acceleration amount for any plan year the term ‘remuneration’ shall include earned dividends paid during each of the last 5 fiscal shall not exceed the excess (if any) of— income of such an individual. years of the plan sponsor ending before such ‘‘(aa) the sum of the shortfall amortization ‘‘(IV) CERTAIN PAYMENTS UNDER EXISTING plan year, or installments for the plan year and all pre- CONTRACTS.—There shall not be taken into ‘‘(BB) the amount of dividends paid during ceding plan years in the amortization period account under subclause (I) any remunera- such plan year on preferred stock that was elected under subparagraph (D) with respect tion consisting of nonqualified deferred com- issued on or before May 21, 2010, or that is re- to the shortfall amortization base with re- pensation, restricted stock (or restricted placement stock for such preferred stock. spect to an applicable year, determined with- stock units), stock options, or stock appre- ‘‘(III) ONLY CERTAIN POST-2009 DIVIDENDS out regard to subparagraph (D) and this sub- ciation rights payable or granted under a AND REDEMPTIONS COUNTED.—For purposes of paragraph, over written binding contract that was in effect subclause (I) (other than for purposes of cal- ‘‘(bb) the sum of the shortfall amortization on March 1, 2010, and which was not modified culating the dividend base amount), there installments for such plan year and all such in any material respect before such remu- shall only be taken into account dividends preceding plan years, determined after appli- neration is paid. declared, and redemptions occurring, after cation of subparagraph (D) (and in the case ‘‘(V) ONLY REMUNERATION FOR POST-2009 February 28, 2010. of any preceding plan year, after application SERVICES COUNTED.—Remuneration shall be ‘‘(IV) EXCEPTION FOR INTRA-GROUP DIVI- of this subparagraph). taken into account under subclause (I)(aa) DENDS.—Dividends paid by one member of a ‘‘(III) CARRYOVER OF EXCESS INSTALLMENT only to the extent attributable to services controlled group (as defined in section ACCELERATION AMOUNTS.— performed by the employee for the plan spon- 412(d)(3)) to another member of such group ‘‘(aa) IN GENERAL.—If the installment ac- sor after December 31, 2009. shall not be taken into account under sub- celeration amount for any plan year (deter- ‘‘(VI) COMMISSIONS.— clause (I).

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‘‘(V) EXCEPTION FOR STOCK DIVIDENDS.—Any (iii) by redesignating subsection (f) as sub- (4) CONFORMING AMENDMENT.—Paragraph distribution by the plan sponsor to its share- section (g) and by inserting after subsection (1) of section 430(c) of such Code is amended holders of stock issued by the plan sponsor (e) the following new subsection: by striking ‘‘the shortfall amortization bases shall not be taken into account under sub- ‘‘(f) NOTICE IN CONNECTION WITH SHORTFALL for such plan year and each of the 6 pre- clause (I). AMORTIZATION ELECTION.— ceding plan years’’ and inserting ‘‘any short- ‘‘(VI) EXCEPTION FOR CERTAIN REDEMP- ‘‘(1) IN GENERAL.—Not later 30 days after fall amortization base which has not been TIONS.—The following shall not be taken into the date of an election under clause (iv) of fully amortized under this subsection’’. account under subclause (I): section 430(c)(2)(D) in connection with a (c) EFFECTIVE DATE.—The amendments ‘‘(aa) Redemptions of securities which, at plan, the plan administrator shall provide made by this section shall apply to plan the time of redemption, are not listed on an notice of such election in accordance with years beginning after December 31, 2007. established securities market and— this subsection to each plan participant and SEC. 302. APPLICATION OF EXTENDED AMORTI- ‘‘(AA) are made pursuant to a pension plan beneficiary, each labor organization rep- ZATION PERIOD TO PLANS SUBJECT TO PRIOR LAW FUNDING RULES. that is qualified under section 401 or a share- resenting such participants and bene- (a) IN GENERAL.—Title I of the Pension holder-approved program, or ficiaries, and the Pension Benefit Guaranty Protection Act of 2006 is amended by redesig- ‘‘(BB) are made on account of an employ- Corporation. nating section 107 as section 108 and by in- ee’s termination of employment with the ‘‘(2) MATTERS INCLUDED IN NOTICE.—Each serting the following after section 106: notice provided pursuant to this subsection plan sponsor, or the death or disability of a ‘‘SEC. 107. APPLICATION OF FUNDING RELIEF TO shareholder. shall set forth— PLANS WITH DELAYED EFFECTIVE ‘‘(bb) Redemptions of securities which are ‘‘(A) a statement that recently enacted DATE. not, immediately after issuance, listed on an legislation permits employers to delay pen- ‘‘(a) ALTERNATIVE ELECTIONS.— established securities market and are, or had sion funding; ‘‘(1) IN GENERAL.—Subject to this section, a previously been— ‘‘(B) with respect to required contribu- plan sponsor of a plan to which section 104, ‘‘(AA) held, directly or indirectly, by, or tions— 105, or 106 of this Act applies may either for the benefit of, the Federal Government or ‘‘(i) the amount of contributions that elect the application of subsection (b) with a Federal reserve bank, or would have been required had the election respect to the plan for not more than 2 appli- ‘‘(BB) held by a national government (or a not been made; cable plan years or elect the application of government-related entity of such a govern- ‘‘(ii) the amount of the reduction in re- subsection (c) with respect to the plan for 1 ment) or an employee benefit plan if such quired contributions for the applicable plan applicable plan year. shares are substantially identical to shares year that occurs on account of the election; ‘‘(2) ELIGIBILITY FOR ELECTIONS.—An elec- described in subitem (AA). and tion may be made by a plan sponsor under ‘‘(vi) OTHER DEFINITIONS AND RULES.—For ‘‘(iii) the number of plan years to which paragraph (1) with respect to a plan only if purposes of this subparagraph— such reduction will apply; at the time of the election— ‘‘(I) PLAN SPONSOR.—The term ‘plan spon- ‘‘(C) with respect to a plan’s funding status ‘‘(A) the plan sponsor is not a debtor in a sor’ includes any group of which the plan as of the end of the plan year preceding the case under title 11, United States Code, or sponsor is a member and which is treated as applicable plan year— similar Federal or State law, a single employer under subsection (b), (c), ‘‘(i) the liabilities determined under sec- ‘‘(B) there are no accumulated funding de- (m), or (o) of section 414. tion 4010(d)(1)(A) of the Employee Retire- ficiencies (as defined in section 302(a)(2) of ment Income Security Act of 1974; and ‘‘(II) RESTRICTION PERIOD.—The term ‘re- the Employee Retirement Income Security striction period’ means, with respect to any ‘‘(ii) the market value of assets of the plan; Act of 1974 (as in effect immediately before applicable plan year with respect to which and the enactment of this Act) or in section an election is made under subparagraph (D)— ‘‘(D) with respect to installment accelera- 412(a) of the Internal Revenue Code of 1986 tion amounts (as defined in section ‘‘(aa) except as provided in item (bb), the 3- (as so in effect)) with respect to the plan, 430(c)(2)(F)(iii)(I))— year period beginning with the applicable ‘‘(C) there is no lien in favor of the plan ‘‘(i) an explanation of section 430(c)(2)(F) plan year (or, if later, the first plan year be- under section 302(d) (as so in effect) or under (relating to increases in shortfall amortiza- ginning after December 31, 2009), or section 412(n) of such Code (as so in effect), tion installments in cases of excess com- ‘‘(bb) if the plan sponsor elects 15-year am- and pensation or certain dividends or stock re- ortization for the shortfall amortization base ‘‘(D) a distress termination has not been demptions); and for the applicable plan year, the 5-year pe- initiated for the plan under section 4041(c) of ‘‘(ii) a statement that increases in required riod beginning with such plan year (or, if the Employee Retirement Income Security contributions may occur in the event of fu- later, the first plan year beginning after De- Act of 1974. ture payments of excess employee compensa- ‘‘(b) ALTERNATIVE ADDITIONAL FUNDING cember 31, 2009). tion or certain share repurchasing or divi- CHARGE.—If the plan sponsor elects the ap- ‘‘(III) ELECTIONS FOR MULTIPLE PLANS.—If a dend activity and that subsequent notices of plication of this subsection with respect to plan sponsor makes elections under subpara- any such payments or activity will be pro- the plan, for purposes of applying section graph (D) with respect to 2 or more plans, vided in the annual funding notice provided 302(d) of the Employee Retirement Income the Secretary shall provide rules for the ap- pursuant to section 101(f) of the Employee Security Act of 1974 (as in effect before the plication of this subparagraph to such plans, Retirement Income Security Act of 1974. amendments made by this subtitle and sub- including rules for the ratable allocation of ‘‘(3) OTHER REQUIREMENTS.— title B) and section 412(l) of the Internal any installment acceleration amount among ‘‘(A) FORM.—The notice required by para- Revenue Code of 1986 (as so in effect)— such plans on the basis of each plan’s rel- graph (1) shall be written in a manner cal- ‘‘(1) the deficit reduction contribution ative reduction in the plan’s shortfall amor- culated to be understood by the average plan under paragraph (2) of such section 302(d) and tization installment for the first plan year in participant and shall provide sufficient in- paragraph (2) of such section 412(l) for such the amortization period described in clause formation (as determined in accordance with plan for any applicable plan year, shall be (i) (determined without regard to this sub- regulations or other guidance of general ap- zero, and paragraph). plicability prescribed by the Secretary) to ‘‘(2) the additional funding charge under ‘‘(G) MERGERS AND ACQUISITIONS.—The Sec- allow plan participants and beneficiaries to paragraph (1) of such section 302(d) and para- retary shall prescribe rules for the applica- understand the effect of the election. The graph (1) of such section 412(l) for such plan tion of subparagraphs (D) and (F) in any case Secretary shall prescribe a model notice that for any applicable plan year shall be in- where there is a merger or acquisition in- a plan administrator may use to satisfy the creased by an amount equal to the install- volving a plan sponsor making the election requirements of paragraph (1). ment acceleration amount (as defined in sec- under subparagraph (D). ‘‘(B) PROVISION TO DESIGNATED PERSONS.— tions 303(c)(2)(F)(iii)(I) of such Act (as ‘‘(H) REGULATIONS AND GUIDANCE.—The Any notice under paragraph (1) may be pro- amended by the American Jobs and Closing Secretary may prescribe such regulations vided to a person designated, in writing, by Tax Loopholes Act of 2010) and and other guidance of general applicability the person to which it would otherwise be 430(c)(2)(F)(iii)(I) of such Code (as so amend- as the Secretary may determine necessary to provided.’’. ed)) with respect to the plan sponsor for such achieve the purposes of subparagraphs (D) (B) CONFORMING AMENDMENT.—Subsection plan year, determined by treating the later and (F).’’. (g) of section 4980F of such Code is amended of such plan year or the first plan year be- (2) NOTICE REQUIREMENT.— by inserting ‘‘or (f)’’ after ‘‘subsection (e)’’. ginning after December 31, 2009, as the re- (A) IN GENERAL.—Section 4980F of such (3) DISREGARD OF INSTALLMENT ACCELERA- striction period. Code is amended— TION AMOUNTS IN DETERMINING QUARTERLY ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- (i) by striking ‘‘subsection (e)’’ each place CONTRIBUTIONS.—Section 430(j)(3) of such TION.—If the plan sponsor elects the applica- it appears in subsection (a) and paragraphs Code is amended by adding at the end the tion of this subsection with respect to the (1) and (3) of subsection (c) and inserting following new subparagraph: plan, for purposes of applying section 302(d) ‘‘subsections (e) and (f)’’; ‘‘(F) DISREGARD OF INSTALLMENT ACCELERA- of such Act (as in effect before the amend- (ii) by striking ‘‘subsection (e)’’ in sub- TION AMOUNTS.—Subparagraph (D) shall be ments made by this subtitle and subtitle B) section (c)(2)(A) and inserting ‘‘subsection applied without regard to any increase under and section 412(l) of such Code (as so in ef- (e), (f), or both, as the case may be’’; and subsection (c)(2)(F).’’. fect)—

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.051 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5337 ‘‘(1) in the case of the increased unfunded amount of unfunded new liability deter- ‘‘(4) the plan sponsor elects (at such time new liability of the plan, the applicable per- mined as if the value of the plan’s assets de- and in such form and manner as shall be pre- centage described in paragraph (4)(C) of such termined under subsection 302(c)(2) of such scribed by the Secretary of the Treasury) to section 302(d) and paragraph (4)(C) of such Act (as in effect before the amendments be so treated. section 412(l) for any pre-effective date plan made by this subtitle and subtitle B) and Any election under this subsection may be year beginning with or after the applicable section 412(c)(2) of such Code (as so in effect) revoked only with the consent of the Sec- plan year shall be the ratio of— equaled the product of the current liability retary of the Treasury.’’. ‘‘(A) the annual installments payable in of the plan for the year multiplied by the (c) REGULATIONS.—The Secretary of the each plan year if the increased unfunded new funded current liability percentage (as de- Treasury may prescribe such regulations as liability for such plan year were amortized fined in section 302(d)(8)(B) of such Act (as so may be necessary to carry out the purposes in equal installments over the period begin- in effect) and 412(l)(8)(B) of such Code (as so of the amendments made by this section. ning with such plan year and ending with the in effect)) of the plan for the second plan (d) EFFECTIVE DATE.— last plan year in the period of 15 plan years year preceding the first applicable plan year (1) IN GENERAL.—The amendment made by beginning with the applicable plan year, of such plan for which an election under this subsection (a) shall apply to plan years be- using an interest rate equal to the third seg- section is made. ginning on or after January 1, 2009. ment rate described in sections 104(b), 105(b), ‘‘(5) OTHER DEFINITIONS.—The terms ‘un- (2) ELIGIBLE CHARITY PLANS.—The amend- and 106(b) of this Act, to funded new liability’ and ‘current liability’ ments made by subsection (b) shall apply to ‘‘(B) the increased unfunded new liability shall have the meanings set forth in section plan years beginning after December 31, 2009. for such plan year, 302(d) of such Act (as so in effect) and section SEC. 303. SUSPENSION OF CERTAIN FUNDING ‘‘(2) in the case of the excess of the un- 412(l) of such Code (as so in effect). LEVEL LIMITATIONS. funded new liability over the increased un- ‘‘(6) ADDITIONAL FUNDING CHARGE INCREASE (a) LIMITATIONS ON BENEFIT ACCRUALS.— funded new liability, such applicable per- NOT TO EXCEED RELIEF.— Section 203 of the Worker, Retiree, and Em- centage shall be determined without regard ‘‘(A) ELECTION UNDER SUBSECTION (B).—In ployer Recovery Act of 2008 (Public Law 110– to this section, and the case of an election under subsection (b), 458; 122 Stat. 5118) is amended— ‘‘(3) the additional funding charge with re- an increase resulting from the application of (1) by striking ‘‘the first plan year begin- spect to the plan for a plan year shall be in- subsection (b)(2) in the additional funding ning during the period beginning on October creased by an amount equal to the install- charge with respect to a plan for a plan year 1, 2008, and ending on September 30, 2009’’ ment acceleration amount (as defined in sec- shall not exceed the excess (if any) of— and inserting ‘‘any plan year beginning dur- tion 303(c)(2)(F)(iii) of such Act (as amended ‘‘(i) the deficit reduction contribution by the American Jobs and Closing Tax Loop- ing the period beginning on October 1, 2008, under section 302(d)(2) of such Act (as so in and ending on December 31, 2011’’; holes Act of 2010 and section 430(c)(2)(F)(iii) effect) and section 412(l)(2) of such Code (as of such Code (as so amended)) with respect to (2) by striking ‘‘substituting’’ and all that so in effect) for such plan year, determined follows through ‘‘for such plan year’’ and in- the plan sponsor for such plan year, deter- as if the election had not been made, over mined without regard to subclause (II) of serting ‘‘substituting for such percentage the ‘‘(ii) the deficit reduction contribution plan’s adjusted funding target attainment such sections 303(c)(2)(F)(iii) and under such sections for such plan (deter- 430(c)(2)(F)(iii). percentage for the last plan year ending be- mined without regard to any increase under fore September 30, 2009,’’; and ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For subsection (b)(2)). purposes of this section— (3) by striking ‘‘for the preceding plan year ‘‘(B) ELECTION UNDER SUBSECTION (C).—An ‘‘(1) APPLICABLE PLAN YEAR.— is greater’’ and inserting ‘‘for such last plan increase resulting from the application of ‘‘(A) IN GENERAL.—The term ‘applicable year is greater’’. subsection (c)(3) in the additional funding plan year’ with respect to a plan means, sub- (b) SOCIAL SECURITY LEVEL-INCOME OP- charge with respect to a plan for a plan year ject to the election of the plan sponsor under TIONS.— shall not exceed the excess (if any) of— subsection (a), a plan year beginning in 2009, (1) ERISA AMENDMENT.—Section ‘‘(i) the sum of the deficit reduction con- 2010, or 2011. 206(g)(3)(E) of the Employee Retirement In- tributions under section 302(d)(2) of such Act ‘‘(B) ELECTION.— come Security Act of 1974 is amended by add- (as so in effect) and section 412(l)(2) of such ‘‘(i) IN GENERAL.—The election described in ing at the end the following new sentence: Code (as so in effect) for such plan for such subsection (a) shall be made at such times, ‘‘For purposes of applying clause (i) in the and in such form and manner, as shall be plan year and for all preceding plan years be- case of payments the annuity starting date prescribed by the Secretary of the Treasury. ginning with or after the applicable plan for which occurs on or before December 31, year, determined as if the election had not ‘‘(ii) REDUCTION IN YEARS WHICH MAY BE 2011, payments under a social security lev- been made, over ELECTED.—The number of applicable plan eling option shall be treated as not in excess years for which an election may be made ‘‘(ii) the sum of the deficit reduction con- of the monthly amount paid under a single under section 303(c)(2)(D) of the Employee tributions under such sections for such plan life annuity (plus an amount not in excess of Retirement Income Security Act of 1974 (as years (determined without regard to any in- a social security supplement described in the amended by the American Jobs and Closing crease under subsection (c)(3)). last sentence of section 204(b)(1)(G)).’’. ‘‘(e) NOTICE.—Not later 30 days after the Tax Loopholes Act of 2010) or section (2) IRC AMENDMENT.—Section 436(d)(5) of date of an election under subsection (a) in 430(c)(2)(D) of the Internal Revenue Code of the Internal Revenue Code of 1986 is amended connection with a plan, the plan adminis- 1986 (as so amended) shall be reduced by the by adding at the end the following new sen- trator shall provide notice pursuant to, and number of applicable plan years for which an subject to, rules similar to the rules of sec- tence: ‘‘For purposes of applying subpara- election under this section is made. tions 204(k) of the Employee Retirement In- graph (A) in the case of payments the annu- ‘‘(C) ALLOCATION OF INSTALLMENT ACCEL- come Security Act of 1974 (as amended by ity starting date for which occurs on or be- ERATION AMOUNT FOR MULTIPLE PLAN ELEC- the American Jobs and Closing Tax Loop- fore December 31, 2011, payments under a so- TION.—In the case of an election under this holes Act of 2010) and 4980F(f) of the Internal cial security leveling option shall be treated section with respect to 2 or more plans by Revenue Code of 1986 (as so amended).’’. as not in excess of the monthly amount paid the same plan sponsor, the installment ac- (b) ELIGIBLE CHARITY PLANS.—Section 104 under a single life annuity (plus an amount celeration amount shall be apportioned rat- of such Act is amended— not in excess of a social security supplement ably with respect to such plans in proportion (1) by striking ‘‘eligible cooperative plan’’ described in the last sentence of section to the deficit reduction contributions of the wherever it appears in subsections (a) and (b) 411(a)(9)).’’. plans determined without regard to sub- and inserting ‘‘eligible cooperative plan or (3) EFFECTIVE DATE.— section (b)(1). an eligible charity plan’’; and (A) IN GENERAL.—The amendments made ‘‘(2) PLAN SPONSOR.—The term ‘plan spon- (2) by adding at the end the following new by this subsection shall apply to annuity sor’ shall have the meaning provided such subsection: payments the annuity starting date for term in section 303(c)(2)(F)(vi)(I) of the Em- ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For which occurs on or after January 1, 2011. ployee Retirement Income Security Act of purposes of this section, a plan shall be (B) PERMITTED APPLICATION.—A plan shall 1974 (as amended by the American Jobs and treated as an eligible charity plan for a plan not be treated as failing to meet the require- Closing Tax Loopholes Act of 2010) and sec- year if— ments of sections 206(g) of the Employee Re- tion 430(c)(2)(F)(vi)(I) of the Internal Rev- ‘‘(1) the plan is maintained by one or more tirement Income Security Act of 1974 (as enue Code of 1986 (as so amended). employers employing employees who are ac- amended by this subsection) and section ‘‘(3) PRE-EFFECTIVE DATE PLAN YEAR.—The cruing benefits based on service for the plan 436(d) of the Internal Revenue Code of 1986 term ‘pre-effective date plan year’ means, year, (as so amended) if the plan sponsor elects to with respect to a plan, any plan year prior to ‘‘(2) such employees are employed in at apply the amendments made by this sub- the first year in which the amendments least 20 States, section to payments the annuity starting made by this subtitle and subtitle B apply to ‘‘(3) each such employee (other than a de date for which occurs on or after the date of the plan. minimis number of employees) is employed the enactment of this Act and before Janu- ‘‘(4) INCREASED UNFUNDED NEW LIABILITY.— by an employer described in section 501(c)(3) ary 1, 2011. The term ‘increased unfunded new liability’ of such Code and the primary exempt pur- (c) APPLICATION OF CREDIT BALANCE WITH means, with respect to a year, the excess (if pose of each such employer is to provide RESPECT TO LIMITATIONS ON SHUTDOWN BENE- any) of the unfunded new liability over the services with respect to children, and FITS AND UNPREDICTABLE CONTINGENT EVENT

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BENEFITS.—With respect to plan years begin- ‘‘(B) the aggregate unfunded vested bene- a commercial passenger airline carrier to a ning on or before December 31, 2011, in apply- fits (as determined under section qualified airline employee— ing paragraph (5)(C) of subsection (g) of sec- 4006(a)(3)(E)(iii)) of plans maintained by the (i) under the approval of an order of a Fed- tion 206 of the Employee Retirement Income contributing sponsor and the members of its eral bankruptcy court in a case filed after Security Act of 1974 and subsection (f)(3) of controlled group exceed $75,000,000 (dis- September 11, 2001, and before January 1, section 436 of the Internal Revenue Code of regarding plans with no unfunded vested ben- 2007; and 1986 in the case of unpredictable contingent efits);’’. (ii) in respect of the qualified airline em- events (within the meaning of section (b) EFFECTIVE DATE.—The amendment ployee’s interest in a bankruptcy claim 206(g)(1)(C) of such Act and section 436(b)(3) made by this section shall apply to years be- against the carrier, any note of the carrier of such Code) occurring on or after January ginning after 2009. (or amount paid in lieu of a note being 1, 2010, the references, in clause (i) of such SEC. 306. ROLLOVER OF AMOUNTS RECEIVED IN issued), or any other fixed obligation of the paragraph (5)(C) and subparagraph (A) of AIRLINE CARRIER BANKRUPTCY. carrier to pay a lump sum amount. such subsection (f)(3), to paragraph (1)(B) of (a) GENERAL RULES.— The amount of such payment shall be deter- such subsection (g) and subsection (b)(2) of (1) ROLLOVER OF AIRLINE PAYMENT mined without regard to any requirement to such section 436 shall be disregarded. AMOUNT.—If a qualified airline employee re- deduct and withhold tax from such payment SEC. 304. LOOKBACK FOR CREDIT BALANCE ceives any airline payment amount and under sections 3102(a) and 3402(a). RULE. transfers any portion of such amount to a (B) EXCEPTION.—An airline payment (a) AMENDMENT TO ERISA.—Paragraph (3) of traditional IRA within 180 days of receipt of amount shall not include any amount pay- section 303(f) of the Employee Retirement such amount (or, if later, within 180 days of able on the basis of the carrier’s future earn- Income Security Act of 1974 is amended by the date of the enactment of this Act), then ings or profits. adding the following at the end thereof: such amount (to the extent so transferred) (2) QUALIFIED AIRLINE EMPLOYEE.—The ‘‘(D) SPECIAL RULE FOR CERTAIN PLAN shall be treated as a rollover contribution term ‘‘qualified airline employee’’ means an YEARS.— described in section 402(c) of the Internal employee or former employee of a commer- ‘‘(i) IN GENERAL.—For purposes of applying Revenue Code of 1986. A qualified airline em- cial passenger airline carrier who was a par- subparagraph (C) for plan years beginning ployee making such a transfer may exclude ticipant in a defined benefit plan maintained after June 30, 2009, and on or before Decem- from gross income the amount transferred, by the carrier which— ber 31, 2011, the ratio determined under such in the taxable year in which the airline pay- (A) is a plan described in section 401(a) of subparagraph for the preceding plan year ment amount was paid to the qualified air- the Internal Revenue Code of 1986 which in- shall be the greater of— line employee by the commercial passenger cludes a trust exempt from tax under section ‘‘(I) such ratio, as determined without re- airline carrier. 501(a) of such Code; and gard to this subparagraph, or (2) TRANSFER OF AMOUNTS ATTRIBUTABLE TO (B) was terminated or became subject to ‘‘(II) the ratio for such plan for the plan AIRLINE PAYMENT AMOUNT FOLLOWING ROLL- the restrictions contained in paragraphs (2) year beginning after June 30, 2007, and on or OVER TO ROTH IRA.—A qualified airline em- and (3) of section 402(b) of the Pension Pro- before June 30, 2008, as determined under ployee who has contributed an airline pay- tection Act of 2006. rules prescribed by the Secretary of the ment amount to a Roth IRA that is treated (3) TRADITIONAL IRA.—The term ‘‘tradi- Treasury. as a qualified rollover contribution pursuant tional IRA’’ means an individual retirement ‘‘(ii) SPECIAL RULE.—In the case of a plan to section 125 of the Worker, Retiree, and plan (as defined in section 7701(a)(37) of the for which the valuation date is not the first Employer Recovery Act of 2008 may transfer Internal Revenue Code of 1986) which is not day of the plan year— to a traditional IRA, in a trustee-to-trustee a Roth IRA. ‘‘(I) clause (i) shall apply to plan years be- transfer, all or any part of the contribution (4) ROTH IRA.—The term ‘‘Roth IRA’’ has ginning after December 31, 2008, and on or be- (together with any net income allocable to the meaning given such term by section fore December 31, 2010, and such contribution), and the transfer to the 408A(b) of such Code. ‘‘(II) clause (i)(II) shall apply based on the traditional IRA will be deemed to have been (d) SURVIVING SPOUSE.—If a qualified air- last plan year beginning before July 1, 2007, made at the time of the rollover to the Roth line employee died after receiving an airline as determined under rules prescribed by the IRA, if such transfer is made within 180 days payment amount, or if an airline payment Secretary of the Treasury.’’. of the date of the enactment of this Act. A amount was paid to the surviving spouse of a (b) AMENDMENT TO INTERNAL REVENUE CODE qualified airline employee making such a qualified airline employee in respect of the OF 1986.—Paragraph (3) of section 430(f) of the transfer may exclude from gross income the qualified airline employee, the surviving Internal Revenue Code of 1986 is amended by airline payment amount previously rolled spouse of the qualified airline employee may adding the following at the end thereof: over to the Roth IRA, to the extent an take all actions permitted under section 125 ‘‘(D) SPECIAL RULE FOR CERTAIN PLAN amount attributable to the previous rollover of the Worker, Retiree and Employer Recov- YEARS.— was transferred to a traditional IRA, in the ery Act of 2008, or under this section, to the ‘‘(i) IN GENERAL.—For purposes of applying taxable year in which the airline payment same extent that the qualified airline em- subparagraph (C) for plan years beginning amount was paid to the qualified airline em- ployee could have done had the qualified air- after June 30, 2009, and on or before Decem- ployee by the commercial passenger airline line employee survived. ber 31, 2011, the ratio determined under such carrier. No amount so transferred to a tradi- (e) EFFECTIVE DATE.—This section shall subparagraph for the preceding plan year tional IRA may be treated as a qualified roll- apply to transfers made after the date of the shall be the greater of— over contribution with respect to a Roth IRA enactment of this Act with respect to airline ‘‘(I) such ratio, as determined without re- within the 5-taxable year period beginning payment amounts paid before, on, or after gard to this subparagraph, or with the taxable year in which such transfer such date. ‘‘(II) the ratio for such plan for the plan was made. Subtitle B—Multiemployer Plans year beginning after June 30, 2007, and on or (3) EXTENSION OF TIME TO FILE CLAIM FOR SEC. 311. OPTIONAL USE OF 30-YEAR AMORTIZA- before June 30, 2008, as determined under REFUND.—A qualified airline employee who TION PERIODS. rules prescribed by the Secretary. excludes an amount from gross income in a (a) ELECTIVE SPECIAL RELIEF RULES.— ‘‘(ii) SPECIAL RULE.—In the case of a plan prior taxable year under paragraph (1) or (2) (1) ERISA AMENDMENT.—Section 304(b) of for which the valuation date is not the first may reflect such exclusion in a claim for re- the Employee Retirement Income Security day of the plan year— fund filed within the period of limitation Act of 1974 is amended by adding at the end ‘‘(I) clause (i) shall apply to plan years be- under section 6511(a) (or, if later, April 15, the following new paragraph: ginning after December 31, 2008, and on or be- 2011). ‘‘(8) ELECTIVE SPECIAL RELIEF RULES.—Not- fore December 31, 2010, and (b) TREATMENT OF AIRLINE PAYMENT withstanding any other provision of this sub- ‘‘(II) clause (i)(II) shall apply based on the AMOUNTS AND TRANSFERS FOR EMPLOYMENT section— last plan year beginning before July 1, 2007, TAXES.—For purposes of chapter 21 of the In- ‘‘(A) AMORTIZATION OF NET INVESTMENT as determined under rules prescribed by the ternal Revenue Code of 1986 and section 209 LOSSES.— Secretary.’’. of the Social Security Act, an airline pay- ‘‘(i) IN GENERAL.—The plan sponsor of a SEC. 305. INFORMATION REPORTING. ment amount shall not fail to be treated as multiemployer plan with respect to which (a) IN GENERAL.—Section 4010(b) of the Em- a payment of wages by the commercial pas- the solvency test under subparagraph (B) is ployee Retirement Security Act of 1974 (29 senger airline carrier to the qualified airline met may elect to treat the portion of any ex- U.S.C. 1310(b)) is amended by striking para- employee in the taxable year of payment be- perience loss or gain for a plan year that is graph (1) and inserting the following: cause such amount is excluded from the attributable to the allocable portion of the ‘‘(1) either of the following requirements qualified airline employee’s gross income net investment losses incurred in either or are met: under subsection (a). both of the first two plan years ending on or ‘‘(A) the funding target attainment per- (c) DEFINITIONS AND SPECIAL RULES.—For after June 30, 2008, as an experience loss sep- centage (as defined in subsection (d)(2)(B)) at purposes of this section— arate from other experience losses or gains the end of the preceding plan year of a plan (1) AIRLINE PAYMENT AMOUNT.— to be amortized in equal annual installments maintained by the contributing sponsor or (A) IN GENERAL.—The term ‘‘airline pay- (until fully amortized) over the period— any member of its controlled group is less ment amount’’ means any payment of any ‘‘(I) beginning with the plan year for which than 80 percent; or money or other property which is payable by the allocable portion is determined, and

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.051 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5339 ‘‘(II) ending with the last plan year in the following the plan year the net investment ‘‘(ii) inform the Pension Benefit Guaranty 30-plan year period beginning with the plan loss is incurred and ending with the last plan Corporation of such election in such form year following the plan year in which such year in the extended smoothing period. and manner as the Pension Benefit Guaranty net investment loss was incurred. ‘‘(VI) SPECIAL RULE FOR OVERSTATEMENT OF Corporation may prescribe.’’. ‘‘(ii) COORDINATION WITH EXTENSIONS.—If an LOSS.—If, for a plan year, there is an experi- (2) IRC AMENDMENT.—Section 431(b) of the election is made under clause (i) for any plan ence loss for the plan and the amount de- Internal Revenue Code of 1986 is amended by year— scribed in subclause (III) exceeds the total adding at the end the following new para- ‘‘(I) no extension of the amortization pe- amount of the experience loss for the plan graph: riod under clause (i) shall be allowed under year, then the excess shall be treated as an ‘‘(8) ELECTIVE SPECIAL RELIEF RULES.—Not- subsection (d), and experience gain. withstanding any other provision of this sub- ‘‘(II) if an extension was granted under ‘‘(VII) SPECIAL RULE IN YEARS FOR WHICH section— subsection (d) for any plan year before the OVERALL EXPERIENCE IS GAIN.—If, for a plan ‘‘(A) AMORTIZATION OF NET INVESTMENT plan year for which the election under this year, there is no experience loss for the plan, LOSSES.— subparagraph is made, such extension shall then, in addition to amortization of net in- ‘‘(i) IN GENERAL.—The plan sponsor of a not result in such amortization period ex- vestment losses under clause (i), the amount multiemployer plan with respect to which ceeding 30 years. described in subclause (III) shall be treated the solvency test under subparagraph (B) is ‘‘(iii) DEFINITIONS AND RULES.—For pur- as an experience gain in addition to any met may elect to treat the portion of any ex- poses of this subparagraph— other experience gain. perience loss or gain for a plan year that is ‘‘(I) NET INVESTMENT LOSSES.— ‘‘(B) SOLVENCY TEST.— attributable to the allocable portion of the ‘‘(aa) IN GENERAL.—The net investment ‘‘(i) IN GENERAL.—An election may be made net investment losses incurred in either or loss incurred by a plan in a plan year is under this paragraph if the election includes both of the first two plan years ending on or equal to the excess of— certification by the plan actuary in connec- after June 30, 2008, as an experience loss sep- ‘‘(AA) the expected value of the assets as of tion with the election that the plan is pro- arate from other experience losses and gains the end of the plan year, over jected to have a funded percentage at the end to be amortized in equal annual installments ‘‘(BB) the market value of the assets as of of the first 15 plan years that is not less than the end of the plan year, (until fully amortized) over the period— 100 percent of the funded percentage for the ‘‘(I) beginning with the plan year for which including any difference attributable to a plan year of the election. the allocable portion is determined, and criminally fraudulent investment arrange- ‘‘(ii) FUNDED PERCENTAGE.—For purposes of ‘‘(II) ending with the last plan year in the ment. clause (i), the term ‘funded percentage’ has 30-plan year period beginning with the plan ‘‘(bb) EXPECTED VALUE.—For purposes of the meaning provided in section 305(i)(2), ex- year following the plan year in which such item (aa), the expected value of the assets as cept that the value of the plan’s assets re- net investment loss was incurred. of the end of a plan year is the excess of— ferred to in section 305(i)(2)(A) shall be the ‘‘(ii) COORDINATION WITH EXTENSIONS.—If an ‘‘(AA) the market value of the assets at market value of such assets. election is made under clause (i) for any plan the beginning of the plan year plus contribu- ‘‘(iii) ACTUARIAL ASSUMPTIONS.—In making tions made during the plan year, over any certification under this subparagraph, year— ‘‘(BB) disbursements made during the plan the plan actuary shall use the same actu- ‘‘(I) no extension of the amortization pe- year. arial estimates, assumptions, and methods riod under clause (i) shall be allowed under as those applicable for the most recent cer- subsection (d), and The amounts described in subitems (AA) and ‘‘(II) if an extension was granted under (BB) shall be adjusted with interest at the tification under section 305, except that the subsection (d) for any plan year before the valuation rate to the end of the plan year. plan actuary may take into account benefit plan year for which the election under this ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT reductions and increases in contribution subparagraph is made, such extension shall ARRANGEMENTS.—The determination as to rates, under either funding improvement not result in such amortization period ex- whether an arrangement is a criminally plans adopted under section 305(c) or under ceeding 30 years. fraudulent investment arrangement shall be section 432(c) of the Internal Revenue Code made under rules substantially similar to of 1986 or rehabilitation plans adopted under ‘‘(iii) DEFINITIONS AND RULES.—For pur- the rules prescribed by the Secretary of the section 305(e) or under section 432(e) of such poses of this subparagraph— Treasury for purposes of section 165 of the Code, that the plan actuary reasonably an- ‘‘(I) NET INVESTMENT LOSSES.— Internal Revenue Code of 1986. ticipates will occur without regard to any ‘‘(aa) IN GENERAL.—The net investment ‘‘(III) AMOUNT ATTRIBUTABLE TO ALLOCABLE change in status of the plan resulting from loss incurred by a plan in a plan year is PORTION OF NET INVESTMENT LOSS.—The the election. equal to the excess of— amount attributable to the allocable portion ‘‘(C) ADDITIONAL RESTRICTION ON BENEFIT ‘‘(AA) the expected value of the assets as of of the net investment loss for a plan year INCREASES.—If an election is made under sub- the end of the plan year, over shall be an amount equal to the allocable paragraph (A), then, in addition to any other ‘‘(BB) the market value of the assets as of portion of net investment loss for the plan applicable restrictions on benefit increases, the end of the plan year, year under subclauses (IV) and (V), increased a plan amendment which is adopted on or including any difference attributable to a with interest at the valuation rate deter- after March 10, 2010, and which increases criminally fraudulent investment arrange- mined from the plan year after the plan year benefits may not go into effect during the ment. period beginning on such date and ending in which the net investment loss was in- ‘‘(bb) EXPECTED VALUE.—For purposes of curred. with the second plan year beginning after item (aa), the expected value of the assets as ‘‘(IV) ALLOCABLE PORTION OF NET INVEST- such date unless— of the end of a plan year is the excess of— MENT LOSSES.—Except as provided in sub- ‘‘(i) the plan actuary certifies that— ‘‘(AA) the market value of the assets at ‘‘(I) any such increase is paid for out of ad- clause (V), the net investment loss incurred the beginning of the plan year plus contribu- ditional contributions not allocated to the in a plan year shall be allocated among the tions made during the plan year, over plan immediately before the election to have 5 plan years following the plan year in which ‘‘(BB) disbursements made during the plan this paragraph apply to the plan, and the investment loss is incurred in accordance year. with the following table: ‘‘(II) the plan’s funded percentage and pro- jected credit balances for the first 3 plan The amounts described in subitems (AA) and ‘‘Plan year after the Allocable portion of years ending on or after such date are rea- (BB) shall be adjusted with interest at the plan year in which net investment loss sonably expected to be at least as high as valuation rate to the end of the plan year. the net investment such percentage and balances would have ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT loss was incurred been if the benefit increase had not been ARRANGEMENTS.—The determination as to 1st ...... 1⁄2 adopted, or whether an arrangement is a criminally 2nd ...... 0 ‘‘(ii) the amendment is required as a condi- fraudulent investment arrangement shall be 3rd ...... 1⁄6 tion of qualification under part I of sub- made under rules substantially similar to 4th ...... 1⁄6 chapter D of chapter 1 of the Internal Rev- the rules prescribed by the Secretary for pur- 5th ...... 1⁄6 enue Code of 1986 or to comply with other ap- poses of section 165. ‘‘(V) SPECIAL RULE FOR PLANS THAT ADOPT plicable law. ‘‘(III) AMOUNT ATTRIBUTABLE TO ALLOCABLE LONGER SMOOTHER PERIOD.—If a plan sponsor ‘‘(D) TIME, FORM, AND MANNER OF ELEC- PORTION OF NET INVESTMENT LOSS.—The elects an extended smoothing period for its TION.—An election under this paragraph amount attributable to the allocable portion asset valuation method under subsection shall be made not later than June 30, 2011, of the net investment loss for a plan year (c)(2)(B), then the allocable portion of net in- and shall be made in such form and manner shall be an amount equal to the allocable vestment loss for the first two plan years fol- as the Secretary of the Treasury may pre- portion of net investment loss for the plan lowing the plan year the investment loss is scribe. year under subclauses (IV) and (V), increased incurred is the same as determined under ‘‘(E) REPORTING.—A plan sponsor of a plan with interest at the valuation rate deter- subclause (IV), but the remaining 1⁄2 of the to which this paragraph applies shall— mined from the plan year after the plan year net investment loss is allocated ratably over ‘‘(i) give notice of such election to partici- in which the net investment loss was in- the period beginning with the third plan year pants and beneficiaries of the plan, and curred.

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‘‘(IV) ALLOCABLE PORTION OF NET INVEST- ‘‘(i) the plan actuary certifies that— of 1974 and section 432 of the Internal Rev- MENT LOSSES.—Except as provided in sub- ‘‘(I) any such increase is paid for out of ad- enue Code of 1986 to that plan year. clause (V), the net investment loss incurred ditional contributions not allocated to the (2) DEEMED APPROVAL FOR CERTAIN FUNDING in a plan year shall be allocated among the plan immediately before the election to have METHOD CHANGES.—In the case of a multiem- 5 plan years following the plan year in which this paragraph apply to the plan, and ployer plan with respect to which an election the investment loss is incurred in accordance ‘‘(II) the plan’s funded percentage and pro- has been made under section 304(b)(8) of the with the following table: jected credit balances for the first 3 plan Employee Retirement Income Security Act ‘‘Plan year after the Allocable portion of years ending on or after such date are rea- of 1974 (as amended by this section) or sec- plan year in which net investment loss sonably expected to be at least as high as tion 431(b)(8) of the Internal Revenue Code of the net investment such percentage and balances would have 1986 (as so amended)— loss was incurred been if the benefit increase had not been (A) any change in the plan’s funding meth- 1st ...... 1⁄2 adopted, or od for a plan year beginning on or after July 2nd ...... 0 ‘‘(ii) the amendment is required as a condi- 1, 2008, and on or before December 31, 2010, 3rd ...... 1⁄6 tion of qualification under part I or to com- from a method that does not establish a base 4th ...... 1⁄6 ply with other applicable law. for experience gains and losses to one that 5th ...... 1⁄6 ‘‘(D) TIME, FORM, AND MANNER OF ELEC- does establish such a base shall be treated as TION.—An election under this paragraph approved by the Secretary of the Treasury; ‘‘(V) SPECIAL RULE FOR PLANS THAT ADOPT shall be made not later than June 30, 2011, and LONGER SMOOTHER PERIOD.—If a plan sponsor and shall be made in such form and manner (B) any resulting funding method change elects an extended smoothing period for its as the Secretary may prescribe. base shall be treated for purposes of amorti- asset valuation method under subsection ‘‘(E) REPORTING.—A plan sponsor of a plan zation as a net experience loss or gain. (c)(2)(B), then the allocable portion of net in- to which this paragraph applies shall— vestment loss for the first two plan years fol- SEC. 312. OPTIONAL LONGER RECOVERY PERI- ‘‘(i) give notice of such election to partici- ODS FOR MULTIEMPLOYER PLANS lowing the plan year the investment loss is pants and beneficiaries of the plan, and IN ENDANGERED OR CRITICAL STA- incurred is the same as determined under ‘‘(ii) inform the Pension Benefit Guaranty TUS. subclause (IV), but the remaining 1⁄2 of the Corporation of such election in such form (a) ERISA AMENDMENTS.— net investment loss is allocated ratably over and manner as the Pension Benefit Guaranty (1) FUNDING IMPROVEMENT PERIOD.—Section the period beginning with the third plan year Corporation may prescribe.’’. 305(c)(4) of the Employee Retirement Income following the plan year the net investment (b) ASSET SMOOTHING FOR MULTIEMPLOYER Security Act of 1974 is amended— loss is incurred and ending with the last plan PLANS.— (A) by redesignating subparagraphs (C) and year in the extended smoothing period. (1) ERISA AMENDMENT.—Section 304(c)(2) of (D) as subparagraphs (D) and (E), respec- ‘‘(VI) SPECIAL RULE FOR OVERSTATEMENT OF the Employee Retirement Income Security tively; and LOSS.—If, for a plan year, there is an experi- Act of 1974 (29 U.S.C. 1084(c)(2)) is amended— (B) by inserting after subparagraph (B) the ence loss for the plan and the amount de- (A) by redesignating subparagraph (B) as following new subparagraph: scribed in subclause (III) exceeds the total subparagraph (C); and ‘‘(C) ELECTION TO EXTEND PERIOD.—The amount of the experience loss for the plan (B) by inserting after subparagraph (A) the plan sponsor of an endangered or seriously year, then the excess shall be treated as an following new subparagraph: endangered plan may elect to extend the ap- experience gain. ‘‘(B) EXTENDED ASSET SMOOTHING PERIOD plicable funding improvement period by up ‘‘(VII) SPECIAL RULE IN YEARS FOR WHICH FOR CERTAIN INVESTMENT LOSSES.—The Sec- to 5 years, reduced by any extension of the OVERALL EXPERIENCE IS GAIN.—If, for a plan retary of the Treasury shall not treat the period previously elected pursuant to section year, there is no experience loss for the plan, asset valuation method of a multiemployer 205 of the Worker, Retiree and Employer Re- then, in addition to amortization of net in- plan as unreasonable solely because such lief Act of 2008. Such an election shall be vestment losses under clause (i), the amount method spreads the difference between ex- made not later than June 30, 2011, and in described in subclause (III) shall be treated pected and actual returns for either or both such form and manner as the Secretary of as an experience gain in addition to any of the first 2 plan years ending on or after the Treasury may prescribe.’’. other experience gain. June 30, 2008, over a period of not more than (2) REHABILITATION PERIOD.—Section ‘‘(B) SOLVENCY TEST.— 10 years. Any change in valuation method to 305(e)(4) of such Act is amended— ‘‘(i) IN GENERAL.—An election may be made so spread such difference shall be treated as (A) by redesignating subparagraph (B) as under this paragraph if the election includes approved, but only if, in the case that the subparagraph (C); certification by the plan actuary in connec- plan sponsor has made an election under sub- (B) in last sentence of subparagraph (A), by tion with the election that the plan is pro- section (b)(8), any resulting change in asset striking ‘‘subparagraph (B)’’ each place it ap- jected to have a funded percentage at the end value is treated for purposes of amortization pears and inserting ‘‘subparagraph (C)’’; and of the first 15 plan years that is not less than as a net experience loss or gain.’’. (C) by inserting after subparagraph (A) the 100 percent of the funded percentage for the (2) IRC AMENDMENT.—Section 431(c)(2) of following new subparagraph: plan year of the election. the Internal Revenue Code of 1986 is amend- ‘‘(B) ELECTION TO EXTEND PERIOD.—The ‘‘(ii) FUNDED PERCENTAGE.—For purposes of ed— plan sponsor of a plan in critical status may clause (i), the term ‘funded percentage’ has (A) by redesignating subparagraph (B) as elect to extend the rehabilitation period by the meaning provided in section 432(i)(2), ex- subparagraph (C); and up to five years, reduced by any extension of cept that the value of the plan’s assets re- (B) by inserting after subparagraph (A) the the period previously elected pursuant to ferred to in section 432(i)(2)(A) shall be the following new subparagraph: section 205 of the Worker, Retiree and Em- market value of such assets. ‘‘(B) EXTENDED ASSET SMOOTHING PERIOD ployer Relief Act of 2008. Such an election ‘‘(iii) ACTUARIAL ASSUMPTIONS.—In making FOR CERTAIN INVESTMENT LOSSES.—The Sec- shall be made not later than June 30, 2011, any certification under this subparagraph, retary shall not treat the asset valuation and in such form and manner as the Sec- the plan actuary shall use the same actu- method of a multiemployer plan as unrea- retary of the Treasury may prescribe.’’. arial estimates, assumptions, and methods sonable solely because such method spreads (b) IRC AMENDMENTS.— as those applicable for the most recent cer- the difference between expected and actual (1) FUNDING IMPROVEMENT PERIOD.—Section tification under section 432, except that the returns for either or both of the first 2 plan 432(c)(4) of the Internal Revenue Code of 1986 plan actuary may take into account benefit years ending on or after June 30, 2008, over a is amended— reductions and increases in contribution period of not more than 10 years. Any change (A) by redesignating subparagraphs (C) and rates, under either funding improvement in valuation method to so spread such dif- (D) as subparagraphs (D) and (E), respec- plans adopted under section 432(c) or under ference shall be treated as approved, but tively; and section 305(c) of the Employee Retirement only if, in the case that the plan sponsor has (B) by inserting after subparagraph (B) the Income Security Act of 1974 or rehabilitation made an election under subsection (b)(8), any following new subparagraph: plans adopted under section 432(e) or under resulting change in asset value is treated for ‘‘(C) ELECTION TO EXTEND PERIOD.—The section 305(e) of such Act, that the plan actu- purposes of amortization as a net experience plan sponsor of an endangered or seriously ary reasonably anticipates will occur with- loss or gain.’’. endangered plan may elect to extend the ap- out regard to any change in status of the (c) EFFECTIVE DATE AND SPECIAL RULES.— plicable funding improvement period by up plan resulting from the election. (1) EFFECTIVE DATE.—The amendments to 5 years, reduced by any extension of the ‘‘(C) ADDITIONAL RESTRICTION ON BENEFIT made by this section shall take effect as of period previously elected pursuant to section INCREASES.—If an election is made under sub- the first day of the first plan year beginning 205 of the Worker, Retiree and Employer Re- paragraph (A), then, in addition to any other after June 30, 2008, except that any election lief Act of 2008. Such an election shall be applicable restrictions on benefit increases, a plan sponsor makes pursuant to this sec- made not later than June 30, 2011, and in a plan amendment which is adopted on or tion or the amendments made thereby that such form and manner as the Secretary may after March 10, 2010, and which increases affects the plan’s funding standard account prescribe.’’. benefits may not go into effect during the for any plan year beginning before October 1, (2) REHABILITATION PERIOD.—Section period beginning on such date and ending 2009, shall be disregarded for purposes of ap- 432(e)(4) of such Code is amended— with the second plan year beginning after plying the provisions of section 305 of the (A) by redesignating subparagraph (B) as such date unless— Employee Retirement Income Security Act subparagraph (C);

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(B) in last sentence of subparagraph (A), by ‘‘(ii) REQUIREMENTS.—An alternative sched- takes into account such election (hereinafter striking ‘‘subparagraph (B)’’ each place it ap- ule designated pursuant to clause (i) meets in this subsection referred to as ‘‘new certifi- pears and inserting ‘‘subparagraph (C)’’; and the requirements of this clause if such sched- cation’’) if the plan’s status under section 305 (C) by inserting after subparagraph (A) the ule has been adopted in collective bargaining of such Act and section 432 of such Code following new subparagraph: agreements covering at least 75 percent of would change as a result of such election. ‘‘(B) ELECTION TO EXTEND PERIOD.—The the active participants as of the date of the Any such new certification shall be treated plan sponsor of a plan in critical status may designation.’’. as the most recent certification referred to elect to extend the rehabilitation period by (b) INTERNAL REVENUE CODE AMEND- in section 304(b)(3)(B)(iii) of such Act and up to five years, reduced by any extension of MENTS.— section 431(b)(8)(B)(iii) of such Code. the period previously elected pursuant to (1) ENDANGERED STATUS.—Section 432(c)(7) (2) DUE DATE FOR NEW CERTIFICATION.—Any section 205 of the Worker, Retiree and Em- of the Internal Revenue Code of 1986 is such new certification shall be made pursu- ployer Relief Act of 2008. Such an election amended by adding at the end the following ant to section 305(b)(3) of such Act and sec- shall be made not later than June 30, 2011, new subparagraph: tion 432(b)(3) of such Code; except that any and in such form and manner as the Sec- ‘‘(C) ALTERNATIVE DEFAULT SCHEDULE.— such new certification shall be made not retary may prescribe.’’. ‘‘(i) IN GENERAL.—A plan sponsor may, for later than 75 days after the date of the enact- (c) EFFECTIVE DATE.—The amendments purposes of this paragraph, designate an al- ment of this Act. made by this section shall apply with respect ternative schedule of contribution rates and (3) NOTICE.— to funding improvement periods and reha- related benefit changes meeting the require- (A) IN GENERAL.—Except as provided in bilitation periods in connection with funding ments of clause (ii) as the default schedule, subparagraph (B), any such new certification improvement plans and rehabilitation plans in lieu of the default schedule referred to in shall be treated as the original certification adopted or updated on or after the date of subparagraph (A). for purposes of section 305(b)(3)(D) of such the enactment of this Act. ‘‘(ii) REQUIREMENTS.—An alternative sched- Act and section 432(b)(3)(D) of such Code. SEC. 313. MODIFICATION OF CERTAIN AMORTIZA- ule designated pursuant to clause (i) meets (B) NOTICE ALREADY PROVIDED.—In any case TION EXTENSIONS UNDER PRIOR the requirements of this clause if such sched- in which notice has been provided under such LAW. ule has been adopted in collective bargaining sections with respect to the original certifi- (a) IN GENERAL.—In the case of an amorti- agreements covering at least 75 percent of cation, not later than 30 days after the new zation extension that was granted to a mul- the active participants as of the date of the certification is made, the plan sponsor shall tiemployer plan under the terms of section designation.’’. provide notice of any change in status under 304 of the Employee Retirement Income Se- (2) CRITICAL STATUS.—Section 432(e)(3) of rules similar to the rules such sections. curity Act of 1974 (as in effect immediately such Code is amended by adding at the end (4) EFFECT OF CHANGE IN STATUS.—If a plan prior to enactment of the Pension Protection the following new subparagraph: ceases to be in critical status pursuant to Act of 2006) or section 412(e) of the Internal ‘‘(D) ALTERNATIVE DEFAULT SCHEDULE.— the new certification, then the plan shall, Revenue Code (as so in effect), the deter- ‘‘(i) IN GENERAL.—A plan sponsor may, for not later than 30 days after the due date de- mination of whether any financial condition purposes of subparagraph (C), designate an scribed in paragraph (2), cease any restric- on the amortization extension is satisfied alternative schedule of contribution rates tion of benefit payments, and imposition of shall be made by assuming that for any plan and related benefit changes meeting the re- contribution surcharges, under section 305 of year that contains some or all of the period quirements of clause (ii) as the default such Act and section 432 of such Code by rea- beginning June 30, 2008, and ending October schedule, in lieu of the default schedule re- son of the original certification. 31, 2008, the actual rate of return on the plan ferred to in subparagraph (C)(i). assets was equal to the interest rate used for TITLE IV—REVENUE OFFSETS ‘‘(ii) REQUIREMENTS.—An alternative sched- Subtitle A—Foreign Provisions purposes of charging or crediting the funding ule designated pursuant to clause (i) meets standard account in such plan year, unless the requirements of this clause if such sched- SEC. 401. RULES TO PREVENT SPLITTING FOR- EIGN TAX CREDITS FROM THE IN- the plan sponsor elects otherwise in such ule has been adopted in collective bargaining form and manner as shall be prescribed by COME TO WHICH THEY RELATE. agreements covering at least 75 percent of (a) IN GENERAL.—Subpart A of part III of the Secretary of Treasury. the active participants as of the date of the (b) REVOCATION OF AMORTIZATION EXTEN- subchapter N of chapter 1 is amended by add- designation.’’. SIONS.—The plan sponsor of a multiemployer ing at the end the following new section: (c) EFFECTIVE DATE.—The amendments plan may, in such form and manner and after ‘‘SEC. 909. SUSPENSION OF TAXES AND CREDITS made by this section shall apply to designa- such notice as may be prescribed by the Sec- UNTIL RELATED INCOME TAKEN tions of default schedules by plan sponsors retary, revoke any amortization extension INTO ACCOUNT. on or after the date of the enactment of this described in subsection (a), effective for plan ‘‘(a) IN GENERAL.—If there is a foreign tax Act. years following the date of the revocation. credit splitting event with respect to a for- (d) CROSS-REFERENCE.—For sunset of the eign income tax paid or accrued by the tax- SEC. 314. ALTERNATIVE DEFAULT SCHEDULE amendments made by this section, see sec- FOR PLANS IN ENDANGERED OR payer, such tax shall not be taken into ac- CRITICAL STATUS. tion 221(c) of the Pension Protection Act of count for purposes of this title before the (a) ERISA AMENDMENTS.— 2006. taxable year in which the related income is (1) ENDANGERED STATUS.—Section 305(c)(7) SEC. 315. TRANSITION RULE FOR CERTIFI- taken into account under this chapter by the of the Employee Retirement Income Secu- CATIONS OF PLAN STATUS. taxpayer. rity Act of 1974 (29 U.S.C. 1085(c)(7)) is (a) IN GENERAL.—A plan actuary shall not ‘‘(b) SPECIAL RULES WITH RESPECT TO SEC- amended by adding at the end the following be treated as failing to meet the require- TION 902 CORPORATIONS.—If there is a foreign new subparagraph: ments of section 305(b)(3)(A) of the Employee tax credit splitting event with respect to a ‘‘(D) ALTERNATIVE DEFAULT SCHEDULE.— Retirement Income Security Act of 1974 and foreign income tax paid or accrued by a sec- ‘‘(i) IN GENERAL.—A plan sponsor may, for section 432(b)(3)(A) of the Internal Revenue tion 902 corporation, such tax shall not be purposes of this paragraph, designate an al- Code of 1986 in connection with a certifi- taken into account— ternative schedule of contribution rates and cation required under such sections the dead- ‘‘(1) for purposes of section 902 or 960, or related benefit changes meeting the require- line for which is after the date of the enact- ‘‘(2) for purposes of determining earnings ments of clause (ii) as the default schedule, ment of this Act if the plan actuary makes and profits under section 964(a), in lieu of the default schedule referred to in such certification at any time earlier than 75 before the taxable year in which the related subparagraph (A). days after the date of the enactment of this income is taken into account under this ‘‘(ii) REQUIREMENTS.—An alternative sched- Act. chapter by such section 902 corporation or a ule designated pursuant to clause (i) meets (b) REVISION OF PRIOR CERTIFICATION.— domestic corporation which meets the own- the requirements of this clause if such sched- (1) IN GENERAL.—If— ership requirements of subsection (a) or (b) ule has been adopted in collective bargaining (A) a plan sponsor makes an election under of section 902 with respect to such section 902 agreements covering at least 75 percent of section 304(b)(8) of the Employee Retirement corporation. the active participants as of the date of the Income Security Act of 1974 and section ‘‘(c) SPECIAL RULES.—For purposes of this designation.’’. 431(b)(8) of the Internal Revenue Code of 1986, section— (2) CRITICAL STATUS.—Section 305(e)(3) of or under section 304(c)(2)(B) of such Act and ‘‘(1) APPLICATION TO PARTNERSHIPS, ETC.— such Act (29 U.S.C. 1085(e)(3)) is amended by section 432(c)(2)(B) such Code, with respect In the case of a partnership, subsections (a) adding at the end the following new subpara- to a plan for a plan year beginning on or and (b) shall be applied at the partner level. graph: after October 1, 2009; and Except as otherwise provided by the Sec- ‘‘(D) ALTERNATIVE DEFAULT SCHEDULE.— (B) the plan actuary’s certification of the retary, a rule similar to the rule of the pre- ‘‘(i) IN GENERAL.—A plan sponsor may, for plan status for such plan year (hereinafter in ceding sentence shall apply in the case of purposes of subparagraph (C), designate an this subsection referred to as ‘‘original cer- any S corporation or trust. alternative schedule of contribution rates tification’’) did not take into account any ‘‘(2) TREATMENT OF FOREIGN TAXES AFTER and related benefit changes meeting the re- election so made, SUSPENSION.—In the case of any foreign in- quirements of clause (ii) as the default then the plan sponsor may direct the plan come tax not taken into account by reason schedule, in lieu of the default schedule re- actuary to make a new certification with re- of subsection (a) or (b), except as otherwise ferred to in subparagraph (C)(i). spect to the plan for the plan year which provided by the Secretary, such tax shall be

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.052 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5342 CONGRESSIONAL RECORD — SENATE June 23, 2010 so taken into account in the taxable year re- (n) and by inserting after subsection (l) the such excess shall be taken into account ferred to in such subsection (other than for following new subsection: under this subsection as a basis difference of purposes of section 986(a)) as a foreign in- ‘‘(m) DENIAL OF FOREIGN TAX CREDIT WITH a negative amount. come tax paid or accrued in such taxable RESPECT TO FOREIGN INCOME NOT SUBJECT TO ‘‘(iii) SPECIAL RULE FOR SECTION 338 ELEC- year. UNITED STATES TAXATION BY REASON OF COV- TIONS.—In the case of a covered asset acqui- ‘‘(d) DEFINITIONS.—For purposes of this sec- ERED ASSET ACQUISITIONS.— sition described in paragraph (2)(A), the cov- tion— ‘‘(1) IN GENERAL.—In the case of a covered ered asset acquisition shall be treated for ‘‘(1) FOREIGN TAX CREDIT SPLITTING asset acquisition, the disqualified portion of purposes of this subparagraph as occurring EVENT.—There is a foreign tax credit split- any foreign income tax determined with re- at the close of the acquisition date (as de- ting event with respect to a foreign income spect to the income or gain attributable to fined in section 338(h)(2)). tax if the related income is (or will be) taken the relevant foreign assets— ‘‘(4) RELEVANT FOREIGN ASSETS.—For pur- into account under this chapter by a covered ‘‘(A) shall not be taken into account in de- poses of this section, the term ‘relevant for- person. termining the credit allowed under sub- eign asset’ means, with respect to any cov- ‘‘(2) FOREIGN INCOME TAX.—The term ‘for- section (a), and ered asset acquisition, any asset (including eign income tax’ means any income, war ‘‘(B) in the case of a foreign income tax any goodwill, going concern value, or other profits, or excess profits tax paid or accrued paid by a section 902 corporation (as defined intangible) with respect to such acquisition to any foreign country or to any possession in section 909(d)(5)), shall not be taken into if income, deduction, gain, or loss attrib- of the United States. account for purposes of section 902 or 960. utable to such asset is taken into account in ‘‘(3) RELATED INCOME.—The term ‘related ‘‘(2) COVERED ASSET ACQUISITION.—For pur- determining the foreign income tax referred income’ means, with respect to any portion poses of this section, the term ‘covered asset to in paragraph (1). acquisition’ means— of any foreign income tax, the income (or, as ‘‘(5) FOREIGN INCOME TAX.—For purposes of appropriate, earnings and profits) to which ‘‘(A) a qualified stock purchase (as defined this section, the term ‘foreign income tax’ such portion of foreign income tax relates. in section 338(d)(3)) to which section 338(a) means any income, war profits, or excess applies, ‘‘(4) COVERED PERSON.—The term ‘covered profits tax paid or accrued to any foreign ‘‘(B) any transaction which— person’ means, with respect to any person country or to any possession of the United ‘‘(i) is treated as an acquisition of assets who pays or accrues a foreign income tax States. for purposes of this chapter, and (hereafter in this paragraph referred to as ‘‘(6) TAXES ALLOWED AS A DEDUCTION, ETC.— ‘‘(ii) is treated as the acquisition of stock the ‘payor’)— Sections 275 and 78 shall not apply to any tax of a corporation (or is disregarded) for pur- ‘‘(A) any entity in which the payor holds, which is not allowable as a credit under sub- poses of the foreign income taxes of the rel- directly or indirectly, at least a 10 percent section (a) by reason of this subsection. evant jurisdiction, ownership interest (determined by vote or ‘‘(7) REGULATIONS.—The Secretary may ‘‘(C) any acquisition of an interest in a value), issue such regulations or other guidance as partnership which has an election in effect ‘‘(B) any person which holds, directly or in- is necessary or appropriate to carry out the under section 754, and directly, at least a 10 percent ownership in- purposes of this subsection, including to ex- ‘‘(D) to the extent provided by the Sec- terest (determined by vote or value) in the retary, any other similar transaction. empt from the application of this subsection payor, certain covered asset acquisitions, and rel- ‘‘(3) DISQUALIFIED PORTION.—For purposes ‘‘(C) any person which bears a relationship of this section— evant foreign assets with respect to which to the payor described in section 267(b) or the basis difference is de minimis.’’. ‘‘(A) IN GENERAL.—The term ‘disqualified 707(b), and portion’ means, with respect to any covered (b) EFFECTIVE DATE.— ‘‘(D) any other person specified by the Sec- asset acquisition, for any taxable year, the (1) IN GENERAL.—Except as provided in retary for purposes of this paragraph. ratio (expressed as a percentage) of— paragraph (2), the amendments made by this ‘‘(5) SECTION 902 CORPORATION.—The term ‘‘(i) the aggregate basis differences (but section shall apply to covered asset acquisi- ‘section 902 corporation’ means any foreign not below zero) allocable to such taxable tions (as defined in section 901(m)(2) of the corporation with respect to which one or year under subparagraph (B) with respect to Internal Revenue Code of 1986, as added by more domestic corporations meets the own- all relevant foreign assets, divided by this section) after— ership requirements of subsection (a) or (b) ‘‘(ii) the income on which the foreign in- (A) May 20, 2010, if the transferor and the of section 902. come tax referred to in paragraph (1) is de- transferee are related; and ‘‘(e) REGULATIONS.—The Secretary may termined (or, if the taxpayer fails to sub- (B) the date of the enactment of this Act in issue such regulations or other guidance as stantiate such income to the satisfaction of any other case. is necessary or appropriate to carry out the the Secretary, such income shall be deter- (2) TRANSITION RULE.—The amendments purposes of this section, including regula- mined by dividing the amount of such for- made by this section shall not apply to any tions or other guidance which provides— eign income tax by the highest marginal tax covered asset acquisition (as so defined) with ‘‘(1) appropriate exceptions from the provi- rate applicable to such income in the rel- respect to which the transferor and the sions of this section, and evant jurisdiction). transferee are not related if such acquisition ‘‘(2) for the proper application of this sec- ‘‘(B) ALLOCATION OF BASIS DIFFERENCE.— is— tion with respect to hybrid instruments.’’. For purposes of subparagraph (A)(i)— (A) made pursuant to a written agreement LERICAL MENDMENT (b) C A .—The table of ‘‘(i) IN GENERAL.—The basis difference with which was binding on May 20, 2010, and at all sections for subpart A of part III of sub- respect to any relevant foreign asset shall be times thereafter, chapter N of chapter 1 is amended by adding allocated to taxable years using the applica- (B) described in a ruling request submitted at the end the following new item: ble cost recovery method under this chapter. to the Internal Revenue Service on or before ‘‘Sec. 909. Suspension of taxes and credits ‘‘(ii) SPECIAL RULE FOR DISPOSITION OF AS- such date; or until related income taken into SETS.—Except as otherwise provided by the (C) described on or before such date in a account.’’. Secretary, in the case of the disposition of public announcement or in a filing with the (c) EFFECTIVE DATE.—The amendments any relevant foreign asset— Securities and Exchange Commission. made by this section shall apply to— ‘‘(I) the basis difference allocated to the (3) RELATED PERSONS.—For purposes of this (1) foreign income taxes (as defined in sec- taxable year which includes the date of such subsection, a person shall be treated as re- tion 909(d) of the Internal Revenue Code of disposition shall be the excess of the basis lated to another person if the relationship 1986, as added by this section) paid or ac- difference with respect to such asset over the between such persons is described in section crued after May 20, 2010; and aggregate basis difference with respect to 267 or 707(b) of the Internal Revenue Code of (2) foreign income taxes (as so defined) such asset which has been allocated under 1986. paid or accrued by a section 902 corporation clause (i) to all prior taxable years, and SEC. 403. SEPARATE APPLICATION OF FOREIGN (as so defined) on or before such date (and ‘‘(II) no basis difference with respect to TAX CREDIT LIMITATION, ETC., TO not deemed paid under section 902(a) or 960 of such asset shall be allocated under clause (i) ITEMS RESOURCED UNDER TREA- such Code on or before such date), but only to any taxable year thereafter. TIES. for purposes of applying sections 902 and 960 ‘‘(C) BASIS DIFFERENCE.— (a) IN GENERAL.—Subsection (d) of section with respect to periods after such date. ‘‘(i) IN GENERAL.—The term ‘basis dif- 904 is amended by redesignating paragraph Section 909(b)(2) of the Internal Revenue ference’ means, with respect to any relevant (6) as paragraph (7) and by inserting after Code of 1986, as added by this section, shall foreign asset, the excess of— paragraph (5) the following new paragraph: not apply to foreign income taxes described ‘‘(I) the adjusted basis of such asset imme- ‘‘(6) SEPARATE APPLICATION TO ITEMS in paragraph (2). diately after the covered asset acquisition, RESOURCED UNDER TREATIES.— over ‘‘(A) IN GENERAL.—If— SEC. 402. DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO FOREIGN INCOME NOT ‘‘(II) the adjusted basis of such asset imme- ‘‘(i) without regard to any treaty obliga- SUBJECT TO UNITED STATES TAX- diately before the covered asset acquisition. tion of the United States, any item of in- ATION BY REASON OF COVERED ‘‘(ii) BUILT-IN LOSS ASSETS.—In the case of come would be treated as derived from ASSET ACQUISITIONS. a relevant foreign asset with respect to sources within the United States, (a) IN GENERAL.—Section 901 is amended by which the amount described in clause (i)(II) ‘‘(ii) under a treaty obligation of the redesignating subsection (m) as subsection exceeds the amount described in clause (i)(I), United States, such item would be treated as

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.052 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5343 arising from sources outside the United ‘‘(ii) be includible in the earnings and prof- foreign business income’ means gross income States, and its of a controlled foreign corporation (as de- which— ‘‘(iii) the taxpayer chooses the benefits of fined in section 957 and without regard to ‘‘(I) is derived from sources outside the such treaty obligation, section 953(c)).’’. United States (as determined under this sub- subsections (a), (b), and (c) of this section (b) EFFECTIVE DATE.—The amendments chapter), and and sections 902, 907, and 960 shall be applied made by this section shall apply to acquisi- ‘‘(II) is attributable to the active conduct separately with respect to each such item. tions after May 20, 2010. of a trade or business in a foreign country or ‘‘(B) COORDINATION WITH OTHER PROVI- SEC. 406. MODIFICATION OF AFFILIATION RULES possession of the United States. SIONS.—This paragraph shall not apply to FOR PURPOSES OF RULES ALLO- ‘‘(iii) TESTING PERIOD.—For purposes of any item of income to which subsection CATING INTEREST EXPENSE. this subsection, the term ‘testing period’ (h)(10) or section 865(h) applies. (a) IN GENERAL.—Subparagraph (A) of sec- means the 3-year period ending with the tion 864(e)(5) is amended by adding at the end ‘‘(C) REGULATIONS.—The Secretary may close of the taxable year of the corporation the following: ‘‘Notwithstanding the pre- issue such regulations or other guidance as preceding the payment (or such part of such ceding sentence, a foreign corporation shall is necessary or appropriate to carry out the period as may be applicable). If the corpora- be treated as a member of the affiliated purposes of this paragraph, including regula- tion has no gross income for such 3-year pe- group if— tions or other guidance which provides that riod (or part thereof), the testing period ‘‘(i) more than 50 percent of the gross in- related items of income may be aggregated shall be the taxable year in which the pay- come of such foreign corporation for the tax- ment is made. for purposes of this paragraph.’’. able year is effectively connected with the (b) EFFECTIVE DATE.—The amendments ‘‘(iv) TRANSITION RULE.—In the case of a conduct of a trade or business within the made by this section shall apply to taxable taxable year for which the testing period in- United States, and years beginning after the date of the enact- cludes 1 or more taxable years beginning be- ‘‘(ii) at least 80 percent of either the vote ment of this Act. fore January 1, 2011— or value of all outstanding stock of such for- ‘‘(I) a corporation meets the 80-percent for- SEC. 404. LIMITATION ON THE AMOUNT OF FOR- eign corporation is owned directly or indi- EIGN TAXES DEEMED PAID WITH RE- eign business requirements of this subpara- SPECT TO SECTION 956 INCLUSIONS. rectly by members of the affiliated group graph if and only if the weighted average (a) IN GENERAL.—Section 960 is amended by (determined with regard to this sentence).’’. of— FFECTIVE DATE.—The amendment adding at the end the following new sub- (b) E ‘‘(aa) the percentage of the corporation’s made by this section shall apply to taxable section: gross income from all sources that is active years beginning after the date of the enact- ‘‘(c) LIMITATION WITH RESPECT TO SECTION foreign business income (as defined in sub- ment of this Act. 956 INCLUSIONS.— paragraph (B) of section 861(c)(1) (as in effect ‘‘(1) IN GENERAL.—If there is included under SEC. 407. TERMINATION OF SPECIAL RULES FOR before the date of the enactment of this sub- section 951(a)(1)(B) in the gross income of a INTEREST AND DIVIDENDS RE- CEIVED FROM PERSONS MEETING section)) for the portion of the testing period domestic corporation any amount attrib- THE 80-PERCENT FOREIGN BUSI- that includes taxable years beginning before utable to the earnings and profits of a for- NESS REQUIREMENTS. January 1, 2011, and eign corporation which is a member of a (a) IN GENERAL.—Paragraph (1) of section ‘‘(bb) the percentage of the corporation’s qualified group (as defined in section 902(b)) 861(a) is amended by striking subparagraph gross income from all sources that is active with respect to the domestic corporation, (A) and by redesignating subparagraphs (B) foreign business income (as defined in clause the amount of any foreign income taxes and (C) as subparagraphs (A) and (B), respec- (ii) of this subparagraph) for the portion of deemed to have been paid during the taxable tively. the testing period, if any, that includes tax- year by such domestic corporation under sec- (b) GRANDFATHER RULE WITH RESPECT TO able years beginning on or after January 1, tion 902 by reason of subsection (a) with re- WITHHOLDING ON INTEREST AND DIVIDENDS RE- 2011, spect to such inclusion in gross income shall CEIVED FROM PERSONS MEETING THE 80-PER- is at least 80 percent, and not exceed the amount of the foreign income CENT FOREIGN BUSINESS REQUIREMENTS.— ‘‘(II) the active foreign business percentage taxes which would have been deemed to have (1) IN GENERAL.—Subparagraph (B) of sec- for such taxable year shall equal the weight- been paid during the taxable year by such tion 871(i)(2) is amended to read as follows: ed average percentage determined under sub- domestic corporation if cash in an amount ‘‘(B) The active foreign business percent- clause (I). equal to the amount of such inclusion in age of— ‘‘(2) ACTIVE FOREIGN BUSINESS PERCENT- gross income were distributed as a series of ‘‘(i) any dividend paid by an existing 80/20 AGE.—Except as provided in paragraph distributions (determined without regard to company, and (1)(B)(iv), the term ‘active foreign business any foreign taxes which would be imposed on ‘‘(ii) any interest paid by an existing 80/20 percentage’ means, with respect to any exist- an actual distribution) through the chain of company.’’. ing 80/20 company, the percentage which— ownership which begins with such foreign (2) DEFINITIONS AND SPECIAL RULES.—Sec- ‘‘(A) the active foreign business income of corporation and ends with such domestic tion 871 is amended by redesignating sub- such company for the testing period, is of corporation. sections (l) and (m) as subsections (m) and ‘‘(B) the gross income of such company for ‘‘(2) AUTHORITY TO PREVENT ABUSE.—The (n), respectively, and by inserting after sub- the testing period from all sources. Secretary shall issue such regulations or section (k) the following new subsection: ‘‘(3) AGGREGATION RULES.—For purposes of other guidance as is necessary or appropriate ‘‘(l) RULES RELATING TO EXISTING 80/20 COM- applying paragraph (1) (other than subpara- to carry out the purposes of this subsection, PANIES.—For purposes of this subsection and graphs (A)(i) and (B)(iv) thereof) and para- including regulations or other guidance subsection (i)(2)(B)— graph (2)— which prevent the inappropriate use of the ‘‘(1) EXISTING 80/20 COMPANY.— ‘‘(A) IN GENERAL.—The corporation referred foreign corporation’s foreign income taxes ‘‘(A) IN GENERAL.—The term ‘existing 80/20 to in paragraph (1)(A) and all of such cor- not deemed paid by reason of paragraph (1).’’. company’ means any corporation if— poration’s subsidiaries shall be treated as (b) EFFECTIVE DATE.—The amendment ‘‘(i) such corporation met the 80-percent one corporation. made by this section shall apply to acquisi- foreign business requirements of section ‘‘(B) SUBSIDIARIES.—For purposes of sub- tions of United States property (as defined in 861(c)(1) (as in effect before the date of the paragraph (A), the term ‘subsidiary’ means section 956(c) of the Internal Revenue Code enactment of this subsection) for such cor- any corporation in which the corporation re- of 1986) after May 20, 2010. poration’s last taxable year beginning before ferred to in subparagraph (A) owns (directly SEC. 405. SPECIAL RULE WITH RESPECT TO CER- January 1, 2011, or indirectly) stock meeting the require- TAIN REDEMPTIONS BY FOREIGN ‘‘(ii) such corporation meets the 80-percent ments of section 1504(a)(2) (determined by SUBSIDIARIES. foreign business requirements of subpara- substituting ‘50 percent’ for ‘80 percent’ each (a) IN GENERAL.—Paragraph (5) of section graph (B) with respect to each taxable year place it appears and without regard to sec- 304(b) is amended by redesignating subpara- after the taxable year referred to in clause tion 1504(b)(3)). graph (B) as subparagraph (C) and by insert- (i), and ‘‘(4) REGULATIONS.—The Secretary may ing after subparagraph (A) the following new ‘‘(iii) there has not been an addition of a issue such regulations or other guidance as subparagraph: substantial line of business with respect to is necessary or appropriate to carry out the ‘‘(B) SPECIAL RULE IN CASE OF FOREIGN AC- such corporation after the date of the enact- purposes of this section, including regula- QUIRING CORPORATION.—In the case of any ac- ment of this subsection. tions or other guidance which provide for the quisition to which subsection (a) applies in ‘‘(B) FOREIGN BUSINESS REQUIREMENTS.— proper application of the aggregation rules which the acquiring corporation is a foreign ‘‘(i) IN GENERAL.—Except as provided in described in paragraph (3).’’. corporation, no earnings and profits shall be clause (iv), a corporation meets the 80-per- (c) CONFORMING AMENDMENTS.— taken into account under paragraph (2)(A) cent foreign business requirements of this (1) Section 861 is amended by striking sub- (and subparagraph (A) shall not apply) if subparagraph if it is shown to the satisfac- section (c) and by redesignating subsections more than 50 percent of the dividends arising tion of the Secretary that at least 80 percent (d), (e), and (f) as subsections (c), (d), and (e), from such acquisition (determined without of the gross income from all sources of such respectively. regard to this subparagraph) would neither— corporation for the testing period is active (2) Paragraph (9) of section 904(h) is amend- ‘‘(i) be subject to tax under this chapter for foreign business income. ed to read as follows: the taxable year in which the dividends ‘‘(ii) ACTIVE FOREIGN BUSINESS INCOME.— ‘‘(9) TREATMENT OF CERTAIN DOMESTIC COR- arise, nor For purposes of clause (i), the term ‘active PORATIONS.—In the case of any dividend

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treated as not from sources within the (b) EFFECTIVE DATE.—The amendments lowed by reason of subparagraph (A) shall be United States under section 861(a)(2)(A), the made by this section shall take effect as if treated as an item of loss with respect to corporation paying such dividend shall be included in section 513 of the Hiring Incen- such partnership interest for the succeeding treated for purposes of this subsection as a tives to Restore Employment Act. partnership taxable year. United States-owned foreign corporation.’’. Subtitle B—Personal Service Income Earned ‘‘(C) BASIS ADJUSTMENT.—No adjustment to (3) Subsection (c) of section 2104 is amend- in Pass-thru Entities the basis of a partnership interest shall be ed in the last sentence by striking ‘‘or to a SEC. 411. PARTNERSHIP INTERESTS TRANS- made on account of any net loss which is not debt obligation of a domestic corporation’’ FERRED IN CONNECTION WITH PER- allowed by reason of subparagraph (A). and all that follows and inserting a period. FORMANCE OF SERVICES. ‘‘(D) PRIOR PARTNERSHIP YEARS.—Any ref- (d) EFFECTIVE DATE.— (a) MODIFICATION TO ELECTION TO INCLUDE erence in this paragraph to prior partnership (1) IN GENERAL.—Except as provided in PARTNERSHIP INTEREST IN GROSS INCOME IN taxable years shall only include prior part- paragraph (2), the amendments made by this YEAR OF TRANSFER.—Subsection (c) of sec- nership taxable years to which this section section shall apply to taxable years begin- tion 83 is amended by redesignating para- applies. ning after December 31, 2010. graph (4) as paragraph (5) and by inserting ‘‘(3) NET INCOME AND LOSS.—For purposes of (2) GRANDFATHER RULE FOR OUTSTANDING after paragraph (3) the following new para- this section— DEBT OBLIGATIONS.— graph: ‘‘(A) NET INCOME.—The term ‘net income’ (A) IN GENERAL.—The amendments made ‘‘(4) PARTNERSHIP INTERESTS.—Except as means, with respect to any investment serv- by this section shall not apply to payments provided by the Secretary, in the case of any ices partnership interest for any partnership of interest on obligations issued before the transfer of an interest in a partnership in taxable year, the excess (if any) of— date of the enactment of this Act. connection with the provision of services to ‘‘(i) all items of income and gain taken (B) EXCEPTION FOR RELATED PARTY DEBT.— (or for the benefit of) such partnership— into account by the holder of such interest Subparagraph (A) shall not apply to any in- ‘‘(A) the fair market value of such interest under section 702 with respect to such inter- terest which is payable to a related person shall be treated for purposes of this section est for such year, over (determined under rules similar to the rules as being equal to the amount of the distribu- ‘‘(ii) all items of deduction and loss so of section 954(d)(3)). tion which the partner would receive if the taken into account. (C) SIGNIFICANT MODIFICATIONS TREATED AS partnership sold (at the time of the transfer) ‘‘(B) NET LOSS.—The term ‘net loss’ means, NEW ISSUES.—For purposes of subparagraph all of its assets at fair market value and dis- with respect to such interest for such year, (A), a significant modification of the terms tributed the proceeds of such sale (reduced the excess (if any) of the amount described in of any obligation (including any extension of by the liabilities of the partnership) to its subparagraph (A)(ii) over the amount de- the term of such obligation) shall be treated partners in liquidation of the partnership, scribed in subparagraph (A)(i). as a new issue. and ‘‘(4) SPECIAL RULE FOR DIVIDENDS.—Any SEC. 408. SOURCE RULES FOR INCOME ON GUAR- ‘‘(B) the person receiving such interest dividend taken into account in determining ANTEES. shall be treated as having made the election net income or net loss for purposes of para- (a) AMOUNTS SOURCED WITHIN THE UNITED under subsection (b)(1) unless such person graph (1) shall not be treated as qualified STATES.—Subsection (a) of section 861 is makes an election under this paragraph to dividend income for purposes of section 1(h). amended by adding at the end the following ‘‘(b) DISPOSITIONS OF PARTNERSHIP INTER- have such subsection not apply.’’. new paragraph: ESTS.— (b) CONFORMING AMENDMENT.—Paragraph ‘‘(9) GUARANTEES.—Amounts received, di- (2) of section 83(b) is amended by inserting ‘‘(1) GAIN.—Any gain on the disposition of rectly or indirectly, from— ‘‘or subsection (c)(4)(B)’’ after ‘‘paragraph an investment services partnership interest ‘‘(A) a noncorporate resident or domestic (1)’’. shall be— corporation for the provision of a guarantee (c) EFFECTIVE DATE.—The amendments ‘‘(A) treated as ordinary income, and of any indebtedness of such resident or cor- made by this section shall apply to interests ‘‘(B) recognized notwithstanding any other poration, or in partnerships transferred after the date of provision of this subtitle. ‘‘(B) any foreign person for the provision of the enactment of this Act. ‘‘(2) LOSS.—Any loss on the disposition of a guarantee of any indebtedness of such per- an investment services partnership interest SEC. 412. INCOME OF PARTNERS FOR PER- son, if such amount is connected with in- FORMING INVESTMENT MANAGE- shall be treated as an ordinary loss to the ex- come which is effectively connected (or MENT SERVICES TREATED AS ORDI- tent of the excess (if any) of— treated as effectively connected) with the NARY INCOME RECEIVED FOR PER- ‘‘(A) the aggregate net income with respect conduct of a trade or business in the United FORMANCE OF SERVICES. to such interest for all partnership taxable States.’’. (a) IN GENERAL.—Part I of subchapter K of years to which this section applies, over (b) AMOUNTS SOURCED WITHOUT THE UNITED chapter 1 is amended by adding at the end ‘‘(B) the aggregate net loss with respect to STATES.—Subsection (a) of section 862 is the following new section: such interest allowed under subsection (a)(2) amended by striking ‘‘and’’ at the end of ‘‘SEC. 710. SPECIAL RULES FOR PARTNERS PRO- for all partnership taxable years to which paragraph (7), by striking the period at the VIDING INVESTMENT MANAGEMENT this section applies. end of paragraph (8) and inserting ‘‘; and’’, SERVICES TO PARTNERSHIP. ‘‘(3) ELECTION WITH RESPECT TO CERTAIN EX- and by adding at the end the following new ‘‘(a) TREATMENT OF DISTRIBUTIVE SHARE OF CHANGES.—Paragraph (1)(B) shall not apply paragraph: PARTNERSHIP ITEMS.—For purposes of this to the contribution of an investment services ‘‘(9) amounts received, directly or indi- title, in the case of an investment services partnership interest to a partnership in ex- rectly, from a foreign person for the provi- partnership interest— change for an interest in such partnership sion of a guarantee of indebtedness of such ‘‘(1) IN GENERAL.—Notwithstanding section if— person other than amounts which are derived 702(b)— ‘‘(A) the taxpayer makes an irrevocable from sources within the United States as ‘‘(A) any net income with respect to such election to treat the partnership interest re- provided in section 861(a)(9).’’. interest for any partnership taxable year ceived in the exchange as an investment (c) CONFORMING AMENDMENT.—Clause (ii) of shall be treated as ordinary income, and services partnership interest, and section 864(c)(4)(B) is amended by striking ‘‘(B) any net loss with respect to such in- ‘‘(B) the taxpayer agrees to comply with ‘‘dividends or interest’’ and inserting ‘‘divi- terest for such year, to the extent not dis- such reporting and recordkeeping require- dends, interest, or amounts received for the allowed under paragraph (2) for such year, ments as the Secretary may prescribe. provision of guarantees of indebtedness’’. shall be treated as an ordinary loss. ‘‘(4) DISPOSITION OF PORTION OF INTEREST.— (d) EFFECTIVE DATE.—The amendments In the case of any disposition of an invest- made by this section shall apply to guaran- All items of income, gain, deduction, and loss which are taken into account in com- ment services partnership interest, the tees issued after the date of the enactment of amount of net loss which otherwise would this Act. puting net income or net loss shall be treat- ed as ordinary income or ordinary loss (as have (but for subsection (a)(2)(C)) applied to SEC. 409. LIMITATION ON EXTENSION OF STAT- the case may be). reduce the basis of such interest shall be dis- UTE OF LIMITATIONS FOR FAILURE regarded for purposes of this section for all TO NOTIFY SECRETARY OF CERTAIN ‘‘(2) TREATMENT OF LOSSES.— FOREIGN TRANSFERS. ‘‘(A) LIMITATION.—Any net loss with re- succeeding partnership taxable years. (a) IN GENERAL.—Paragraph (8) of section spect to such interest shall be allowed for ‘‘(5) DISTRIBUTIONS OF PARTNERSHIP PROP- 6501(c) is amended— any partnership taxable year only to the ex- ERTY.—In the case of any distribution of (1) by striking ‘‘In the case of any informa- tent that such loss does not exceed the ex- property by a partnership with respect to tion’’ and inserting the following: cess (if any) of— any investment services partnership interest ‘‘(A) IN GENERAL.—In the case of any infor- ‘‘(i) the aggregate net income with respect held by a partner— mation’’; and to such interest for all prior partnership tax- ‘‘(A) the excess (if any) of— (2) by adding at the end the following: able years, over ‘‘(i) the fair market value of such property ‘‘(B) APPLICATION TO FAILURES DUE TO REA- ‘‘(ii) the aggregate net loss with respect to at the time of such distribution, over SONABLE CAUSE.—If the failure to furnish the such interest not disallowed under this sub- ‘‘(ii) the adjusted basis of such property in information referred to in subparagraph (A) paragraph for all prior partnership taxable the hands of the partnership, is due to reasonable cause and not willful ne- years. shall be taken into account as an increase in glect, subparagraph (A) shall apply only to ‘‘(B) CARRYFORWARD.—Any net loss for any such partner’s distributive share of the tax- the item or items related to such failure.’’. partnership taxable year which is not al- able income of the partnership (except to the

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.052 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5345 extent such excess is otherwise taken into on the basis of the capital contributions of graph (1)(A) merely because the allocations account in determining the taxable income each partner which constitute qualified cap- made by the partnership to such interest do of the partnership), ital interests under subsection (d). not reflect the cost of services described in ‘‘(B) such property shall be treated for pur- ‘‘(5) RELATED PERSONS.—A person shall be subsection (c)(1) which are provided (directly poses of subpart B of part II as money dis- treated as related to another person if the or indirectly) to the partnership by the hold- tributed to such partner in an amount equal relationship between such persons is de- er of such interest (or a related person). to such fair market value, and scribed in section 267 or 707(b). ‘‘(6) SPECIAL RULE FOR DISPOSITIONS.—In ‘‘(C) the basis of such property in the hands ‘‘(d) EXCEPTION FOR CERTAIN CAPITAL IN- the case of any investment services partner- of such partner shall be such fair market TERESTS.— ship interest any portion of which is a quali- value. ‘‘(1) IN GENERAL.—In the case of any por- fied capital interest, subsection (b) shall not tion of an investment services partnership Subsection (b) of section 734 shall be applied apply to so much of any gain or loss as bears interest which is a qualified capital interest, without regard to the preceding sentence. In the same proportion to the entire amount of all items of income, gain, loss, and deduction the case of a taxpayer which satisfies re- such gain or loss as— which are allocated to such qualified capital quirements similar to the requirements of ‘‘(A) the distributive share of gain or loss interest shall not be taken into account subparagraphs (A) and (B) of paragraph (3), that would have been allocated to the quali- under subsection (a) if— fied capital interest (consistent with the re- this paragraph and paragraph (1)(B) shall not ‘‘(A) allocations of items are made by the quirements of paragraph (1)) if the partner- apply to the distribution of a partnership in- partnership to such qualified capital interest ship had sold all of its assets at fair market terest if such distribution is in connection in the same manner as such allocations are value immediately before the disposition, with a contribution (or deemed contribution) made to other qualified capital interests bears to of any property of the partnership to which held by partners who do not provide any ‘‘(B) the distributive share of gain or loss section 721 applies pursuant to a transaction services described in subsection (c)(1) and that would have been so allocated to the in- described in paragraph (1)(B) or (2) of section who are not related to the partner holding vestment services partnership interest of 708(b). the qualified capital interest, and which such qualified capital interest is a ‘‘(6) APPLICATION OF SECTION 751.— ‘‘(B) the allocations made to such other in- part. ‘‘(A) IN GENERAL.—In applying section 751, terests are significant compared to the allo- ‘‘(7) QUALIFIED CAPITAL INTEREST.—For pur- an investment services partnership interest cations made to such qualified capital inter- poses of this subsection— shall be treated as an inventory item. est. ‘‘(A) IN GENERAL.—The term ‘qualified cap- ‘‘(B) EXCEPTION FOR CERTAIN DISPOSITIONS ‘‘(2) AUTHORITY TO PROVIDE EXCEPTIONS TO ital interest’ means so much of a partner’s OF INTERESTS IN A PUBLICLY TRADED PARTNER- ALLOCATION REQUIREMENTS.—To the extent interest in the capital of the partnership as SHIP.—Except as provided by the Secretary, provided by the Secretary in regulations or is attributable to— this paragraph shall not apply in the case of other guidance— ‘‘(i) the fair market value of any money or any (direct or indirect) disposition of an in- ‘‘(A) ALLOCATIONS TO PORTION OF QUALIFIED other property contributed to the partner- terest in a publicly traded partnership (as CAPITAL INTEREST.—Paragraph (1) may be ap- ship in exchange for such interest (deter- defined in section 7704) which is not an in- plied separately with respect to a portion of mined without regard to section 752(a)), vestment services partnership interest in the a qualified capital interest. ‘‘(ii) any amounts which have been in- hands of the person disposing of such inter- ‘‘(B) NO OR INSIGNIFICANT ALLOCATIONS TO cluded in gross income under section 83 with est (or the hands of the person holding such NONSERVICE PROVIDERS.—In any case in respect to the transfer of such interest, and interest indirectly). which the requirements of paragraph (1)(B) ‘‘(iii) the excess (if any) of— ‘‘(c) INVESTMENT SERVICES PARTNERSHIP IN- are not satisfied, items of income, gain, loss, ‘‘(I) any items of income and gain taken TEREST.—For purposes of this section— and deduction shall not be taken into ac- into account under section 702 with respect ‘‘(1) IN GENERAL.—The term ‘investment count under subsection (a) to the extent that to such interest, over services partnership interest’ means any in- such items are properly allocable under such ‘‘(II) any items of deduction and loss so terest in a partnership which is held (di- regulations or other guidance to qualified taken into account. rectly or indirectly) by any person if it was capital interests. ‘‘(B) ADJUSTMENT TO QUALIFIED CAPITAL IN- reasonably expected (at the time that such ‘‘(C) ALLOCATIONS TO SERVICE PROVIDERS’ TEREST.— person acquired such interest) that such per- QUALIFIED CAPITAL INTERESTS WHICH ARE LESS ‘‘(i) DISTRIBUTIONS AND LOSSES.—The quali- son (or any person related to such person) THAN OTHER ALLOCATIONS.—Allocations shall fied capital interest shall be reduced by dis- would provide (directly or, to the extent pro- not be treated as failing to meet the require- tributions from the partnership with respect vided by the Secretary, indirectly) a sub- ment of paragraph (1)(A) merely because the to such interest and by the excess (if any) of stantial quantity of any of the following allocations to the qualified capital interest the amount described in subparagraph services with respect to assets held (directly represent a lower return than the allocations (A)(iii)(II) over the amount described in sub- or indirectly) by the partnership: made to the other qualified capital interests paragraph (A)(iii)(I). ‘‘(A) Advising as to the advisability of in- referred to in such paragraph. ‘‘(ii) SPECIAL RULE FOR CONTRIBUTIONS OF vesting in, purchasing, or selling any speci- ‘‘(3) SPECIAL RULE FOR CHANGES IN SERV- PROPERTY.—In the case of any contribution fied asset. ICES.—In the case of an interest in a partner- of property described in subparagraph (A)(i) ‘‘(B) Managing, acquiring, or disposing of ship which is not an investment services with respect to which the fair market value any specified asset. partnership interest and which, by reason of of such property is not equal to the adjusted ‘‘(C) Arranging financing with respect to a change in the services with respect to as- basis of such property immediately before acquiring specified assets. sets held (directly or indirectly) by the part- such contribution, proper adjustments shall ‘‘(D) Any activity in support of any service nership, would (without regard to the rea- be made to the qualified capital interest to described in subparagraphs (A) through (C). sonable expectation exception of subsection take into account such difference consistent ‘‘(2) SPECIFIED ASSET.—The term ‘specified (c)(1)) have become such an interest— with such regulations or other guidance as asset’ means securities (as defined in section ‘‘(A) notwithstanding subsection (c)(1), the Secretary may provide. 475(c)(2) without regard to the last sentence such interest shall be treated as an invest- ‘‘(8) TREATMENT OF CERTAIN LOANS.— thereof), real estate held for rental or invest- ment services partnership interest as of the ‘‘(A) PROCEEDS OF PARTNERSHIP LOANS NOT ment, interests in partnerships, commodities time of such change, and TREATED AS QUALIFIED CAPITAL INTEREST OF (as defined in section 475(e)(2)), or options or ‘‘(B) for purposes of this subsection, the SERVICE PROVIDING PARTNERS.—For purposes derivative contracts with respect to any of qualified capital interest of the holder of of this subsection, an investment services the foregoing. such partnership interest immediately after partnership interest shall not be treated as a ‘‘(3) EXCEPTION FOR FAMILY FARMS.—The such change shall not be less than the fair qualified capital interest to the extent that term ‘specified asset’ shall not include any market value of such interest (determined such interest is acquired in connection with farm used for farming purposes if such farm immediately before such change). the proceeds of any loan or other advance is held by a partnership all of the interests ‘‘(4) SPECIAL RULE FOR TIERED PARTNER- made or guaranteed, directly or indirectly, in which are held (directly or indirectly) by SHIPS.—Except as otherwise provided by the by any other partner or the partnership (or members of the same family. Terms used in Secretary, in the case of tiered partnerships, any person related to any such other partner the preceding sentence which are also used all items which are allocated in a manner or the partnership). The preceding sentence in section 2032A shall have the same meaning which meets the requirements of paragraph shall not apply to the extent the loan or as when used in such section. (1) to qualified capital interests in a lower- other advance is repaid before the date of the ‘‘(4) EXCEPTION FOR PARTNERSHIPS WITH PRO tier partnership shall retain such character enactment of this section unless such repay- RATA ALLOCATIONS BASED ON CAPITAL.—Ex- to the extent allocated on the basis of quali- ment is made with the proceeds of a loan or cept as provided by the Secretary, the term fied capital interests in any upper-tier part- other advance described in the preceding ‘investment services partnership interest’ nership. sentence. shall not include any interest in a partner- ‘‘(5) EXCEPTION FOR NO-SELF-CHARGED ‘‘(B) REDUCTION IN ALLOCATIONS TO QUALI- ship if all distributions and all allocations of CARRY AND MANAGEMENT FEE PROVISIONS.— FIED CAPITAL INTERESTS FOR LOANS FROM NON- the partnership, and of any other partnership Except as otherwise provided by the Sec- SERVICE-PROVIDING PARTNERS TO THE PART- in which the partnership directly or indi- retary, an interest shall not fail to be treat- NERSHIP.—For purposes of this subsection, rectly holds an interest, are made pro rata ed as satisfying the requirement of para- any loan or other advance to the partnership

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made or guaranteed, directly or indirectly, ‘‘(3) PRO RATA ALLOCATION TO ITEMS.—For least 5 years under clause (i), an investment by a partner not providing services described purposes of applying subsections (a) and (e), services partnership shall be treated as own- in subsection (c)(1) to the partnership (or the aggregate amount treated as ordinary in- ing its proportionate share of the property of any person related to such partner) shall be come for any such taxable year shall be allo- any other partnership in which it has held an taken into account in determining the quali- cated ratably among the items of income, investment services partnership interest for fied capital interests of the partners in the gain, loss, and deduction taken into account at least 5 years. partnership. in determining such amount. ‘‘(iii) REGULATIONS.—The Secretary may ‘‘(e) OTHER INCOME AND GAIN IN CONNECTION ‘‘(4) SPECIAL RULE FOR RECOGNITION OF by regulation or other guidance extend the WITH INVESTMENT MANAGEMENT SERVICES.— GAIN.—Gain which (but for this section) application of clause (ii) to entities other ‘‘(1) IN GENERAL.—If— would not be recognized shall be recognized than investment services partnerships if nec- ‘‘(A) a person performs (directly or indi- by reason of subsection (b) only to the extent essary to prevent the avoidance of the pur- rectly) investment management services for that such gain is treated as ordinary income poses of this subparagraph. any entity, after application of paragraph (2). ‘‘(D) TREATMENT OF GOODWILL AND OTHER ‘‘(B) such person holds (directly or indi- ‘‘(5) COORDINATION WITH LIMITATION ON SECTION 197 INTANGIBLES.—For purposes of rectly) a disqualified interest with respect to LOSSES.—For purposes of applying paragraph this paragraph, in the case of any section 197 such entity, and (2) of subsection (a) with respect to any net intangible of an entity through which serv- ‘‘(C) the value of such interest (or pay- loss for any taxable year— ices described in subparagraphs (A) through ments thereunder) is substantially related to ‘‘(A) such paragraph shall only apply with (D) of subsection (c)(1) are directly or indi- the amount of income or gain (whether or respect to the applicable percentage of such rectly provided— not realized) from the assets with respect to net loss for such taxable year, ‘‘(i) the holding period of such intangible which the investment management services ‘‘(B) in the case of a prior partnership tax- shall not be less than the holding period of are performed, able year referred to in clause (i) or (ii) of the investment services partnership interest any income or gain with respect to such in- subparagraph (A) of such paragraph, only the in the partnership, and terest shall be treated as ordinary income. applicable percentage (as in effect for such ‘‘(ii) the value of such intangible shall be Rules similar to the rules of subsections prior taxable year) of net income or net loss determined in a manner consistent with the (a)(4) and (d) shall apply for purposes of this for such prior partnership taxable year shall regulations described in subparagraph (E). subsection. be taken into account, and ‘‘(E) VALUATION METHODS.—The Secretary ‘‘(2) DEFINITIONS.—For purposes of this sub- ‘‘(C) any net loss carried forward to the shall prescribe regulations or guidance which section— succeeding partnership taxable year under provide— ‘‘(A) DISQUALIFIED INTEREST.— subparagraph (B) of such paragraph shall— ‘‘(i) the acceptable valuation methods for ‘‘(i) IN GENERAL.—The term ‘disqualified ‘‘(i) be taken into account in such suc- purposes of this subparagraph, except that interest’ means, with respect to any entity— ceeding year without reduction under this such methods shall not include any valu- ‘‘(I) any interest in such entity other than subsection, and ation method which is inconsistent with the indebtedness, ‘‘(ii) in lieu of being taken into account as method used by the taxpayer for other pur- ‘‘(II) convertible or contingent debt of such an item of loss in such succeeding year, shall poses (including reporting asset valuations entity, be taken into account— to partners or potential partners in the part- ‘‘(III) any option or other right to acquire ‘‘(I) as an increase in net loss or as a reduc- nership or any related partnership) if such property described in subclause (I) or (II), tion in net income (including below zero), as inconsistent valuation method would result and the case may be, and in the treatment of a greater amount of gain ‘‘(IV) any derivative instrument entered ‘‘(II) after any reduction in the amount of as attributable to a section 197 intangible into (directly or indirectly) with such entity such net loss or net income under this sub- than would result under the valuation meth- or any investor in such entity. section. od used by the taxpayer for such other pur- ‘‘(ii) EXCEPTIONS.—Such term shall not in- A rule similar to the rule of the preceding poses, clude— sentence shall apply for purposes of sub- ‘‘(ii) circumstances under which valuations ‘‘(I) a partnership interest, section (b)(2)(A). are sufficiently independent to provide an ‘‘(II) except as provided by the Secretary, accurate determination of fair market value, ‘‘(6) COORDINATION WITH TREATMENT OF DIVI- any interest in a taxable corporation, and and DENDS.—Subsection (a)(4) shall only apply to ‘‘(III) except as provided by the Secretary, the applicable percentage of dividends de- ‘‘(iii) any information required to be fur- stock in an S corporation. scribed therein. nished to the Secretary by the parties to the ‘‘(B) TAXABLE CORPORATION.—The term disposition with respect to such valuation. ‘‘(7) APPLICABLE PERCENTAGE.—For pur- ‘taxable corporation’ means— poses of this subsection— ‘‘(F) DEFINITIONS AND SPECIAL RULES.—For ‘‘(i) a domestic C corporation, or purposes of this paragraph— ‘‘(A) IN GENERAL.—Except as provided in ‘‘(ii) a foreign corporation substantially all subparagraphs (B) and (C), the term ‘applica- ‘‘(i) INVESTMENT SERVICES PARTNERSHIP.— of the income of which is— ble percentage’ means 75 percent. The term ‘investment services partnership’ ‘‘(I) effectively connected with the conduct means, with respect to any investment serv- ‘‘(B) EXCEPTION FOR DISPOSITION OF ASSETS of a trade or business in the United States, ices partnership interest, the entity in which HELD BY INVESTMENT SERVICES PARTNERSHIPS or such interest is held. AT LEAST 5 YEARS.—The applicable percent- ‘‘(II) subject to a comprehensive foreign in- age shall be 50 percent with respect to any ‘‘(ii) SECTION 197 INTANGIBLE.—The term come tax (as defined in section 457A(d)(2)). net income or net loss under subsection (a)(1) ‘section 197 intangible’ has the meaning ‘‘(C) INVESTMENT MANAGEMENT SERVICES.— which is properly allocable to gain or loss given such term in section 197(d). The term ‘investment management services’ from the disposition (or a distribution under ‘‘(iii) APPLICATION TO DISQUALIFIED INTER- means a substantial quantity of any of the subsection (b)(5)) of any asset (other than an ESTS.—Rules similar to the rules of this services described in subsection (c)(1). investment services partnership interest) paragraph shall apply with respect to income ‘‘(f) REGULATIONS.—The Secretary shall which has been held by the investment serv- or gain with respect to a disqualified interest prescribe such regulations or other guidance ices partnership for at least 5 years. under subsection (e). as is necessary or appropriate to carry out ‘‘(h) CROSS REFERENCE.—For 40 percent ‘‘(C) EXCEPTION FOR DISPOSITION OF INVEST- the purposes of this section, including regu- penalty on certain underpayments due to the lations or other guidance to— MENT SERVICES PARTNERSHIP INTERESTS HELD avoidance of this section, see section 6662.’’. ‘‘(1) provide modifications to the applica- AT LEAST 5 YEARS.— (b) TREATMENT FOR PURPOSES OF SECTION tion of this section (including treating re- ‘‘(i) IN GENERAL.—The applicable percent- 7704.—Subsection (d) of section 7704 is lated persons as not related to one another) age shall be 50 percent with respect to— amended by adding at the end the following to the extent such modification is consistent ‘‘(I) net income or net loss under sub- new paragraph: with the purposes of this section, section (a)(1) which is properly allocable to ‘‘(6) INCOME FROM INVESTMENT SERVICES ‘‘(2) prevent the avoidance of the purposes gain or loss from the disposition (or a dis- PARTNERSHIP INTERESTS NOT QUALIFIED.— of this section, and tribution under subsection (b)(5)) of an in- ‘‘(A) IN GENERAL.—Items of income and ‘‘(3) coordinate this section with the other vestment services partnership interest which gain shall not be treated as qualifying in- provisions of this title. has been held at least 5 years, and come if such items are treated as ordinary ‘‘(g) SPECIAL RULES FOR INDIVIDUALS.—In ‘‘(II) gain or loss under subsection (b) on income by reason of the application of sec- the case of an individual— the disposition of an investment services tion 710 (relating to special rules for partners ‘‘(1) IN GENERAL.—Subsection (a)(1) shall partnership interest which has been held for providing investment management services apply only to the applicable percentage of at least 5 years, to partnership). The preceding sentence shall the net income or net loss referred to in such but only to the extent such gain or loss is at- not apply to any item described in paragraph subsection. tributable to assets held by the investment (1)(E) (or so much of paragraph (1)(F) as re- ‘‘(2) DISPOSITIONS, ETC.—The amount which services partnership for at least 5 years. lates to paragraph (1)(E)). (but for this paragraph) would be treated as ‘‘(ii) APPLICATION IN THE CASE OF TIERED ‘‘(B) SPECIAL RULES FOR CERTAIN PARTNER- ordinary income by reason of subsection (b) PARTNERSHIPS, ETC.—For purposes of deter- SHIPS.— or (e) shall be the applicable percentage of mining whether the assets of the investment ‘‘(i) CERTAIN PARTNERSHIPS OWNED BY REAL such amount. services partnership have been held for at ESTATE INVESTMENT TRUSTS.—Subparagraph

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.053 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5347 (A) shall not apply in the case of a partner- section (d)(3) shall apply for purposes of sub- SEC. 413. EMPLOYMENT TAX TREATMENT OF ship which meets each of the following re- paragraph (A)(iii).’’. PROFESSIONAL SERVICE BUSI- quirements: NESSES. (d) INCOME AND LOSS FROM INVESTMENT ‘‘(I) Such partnership is treated as publicly (a) IN GENERAL.—Section 1402 is amended SERVICES PARTNERSHIP INTERESTS TAKEN traded under this section solely by reason of by adding at the end the following new sub- INTO ACCOUNT IN DETERMINING NET EARNINGS interests in such partnership being convert- section: ‘‘(m) SPECIAL RULES FOR PROFESSIONAL ible into interests in a real estate invest- FROM SELF-EMPLOYMENT.— SERVICE BUSINESSES.— ment trust which is publicly traded. (1) INTERNAL REVENUE CODE.—Section ‘‘(1) SHAREHOLDERS PROVIDING SERVICES TO ‘‘(II) 50 percent or more of the capital and 1402(a) is amended by striking ‘‘and’’ at the DISQUALIFIED S CORPORATIONS.— profits interests of such partnership are end of paragraph (16), by striking the period ‘‘(A) IN GENERAL.—In the case of any dis- owned, directly or indirectly, at all times at the end of paragraph (17) and inserting ‘‘; qualified S corporation, each shareholder of during the taxable year by such real estate and’’, and by inserting after paragraph (17) such disqualified S corporation who provides investment trust (determined with the appli- the following new paragraph: substantial services with respect to the pro- cation of section 267(c)). ‘‘(18) notwithstanding the preceding provi- fessional service business referred to in sub- ‘‘(III) Such partnership meets the require- sions of this subsection, in the case of any paragraph (C) shall take into account such ments of paragraphs (2), (3), and (4) of section individual engaged in the trade or business shareholder’s pro rata share of all items of 856(c). of providing services described in section income or loss described in section 1366 ‘‘(ii) CERTAIN PARTNERSHIPS OWNING OTHER 710(c)(1) with respect to any entity, any which are attributable to such business in PUBLICLY TRADED PARTNERSHIPS.—Subpara- amount treated as ordinary income or ordi- determining the shareholder’s net earnings graph (A) shall not apply in the case of a nary loss of such individual under section 710 from self-employment. partnership which meets each of the fol- with respect to such entity shall be taken ‘‘(B) TREATMENT OF FAMILY MEMBERS.—Ex- lowing requirements: into account in determining the net earnings cept as otherwise provided by the Secretary, ‘‘(I) Substantially all of the assets of such from self-employment of such individual.’’. the shareholder’s pro rata share of items re- partnership consist of interests in one or (2) SOCIAL SECURITY ACT.—Section 211(a) of ferred to in subparagraph (A) shall be in- more publicly traded partnerships (deter- the Social Security Act is amended by strik- creased by the pro rata share of such items mined without regard to subsection (b)(2)). ing ‘‘and’’ at the end of paragraph (15), by of each member of such shareholder’s family ‘‘(II) Substantially all of the income of striking the period at the end of paragraph (within the meaning of section 318(a)(1)) who such partnership is ordinary income or sec- (16) and inserting ‘‘; and’’, and by inserting does not provide substantial services with re- tion 1231 gain (as defined in section after paragraph (16) the following new para- spect to such professional service business. 1231(a)(3)). graph: ‘‘(C) DISQUALIFIED S CORPORATION.—For ‘‘(C) TRANSITIONAL RULE.—Subparagraph ‘‘(17) Notwithstanding the preceding provi- purposes of this subsection, the term ‘dis- (A) shall not apply to any taxable year of the sions of this subsection, in the case of any qualified S corporation’ means— partnership beginning before the date which individual engaged in the trade or business ‘‘(i) any S corporation which is a partner is 10 years after the date of the enactment of of providing services described in section in a partnership which is engaged in a profes- this paragraph.’’. 710(c)(1) of the Internal Revenue Code of 1986 sional service business if substantially all of (c) IMPOSITION OF PENALTY ON UNDERPAY- with respect to any entity, any amount the activities of such S corporation are per- MENTS.— treated as ordinary income or ordinary loss formed in connection with such partnership, (1) IN GENERAL.—Subsection (b) of section of such individual under section 710 of such and 6662 is amended by inserting after paragraph Code with respect to such entity shall be ‘‘(ii) any other S corporation which is en- (7) the following new paragraph: taken into account in determining the net gaged in a professional service business if 80 ‘‘(8) The application of subsection (e) of earnings from self-employment of such indi- percent or more of the gross income of such section 710, the regulations or other guid- vidual.’’. business is attributable to service of 3 or ance prescribed under section 710(f) to pre- (e) CONFORMING AMENDMENTS.— fewer shareholders of such corporation. vent the avoidance of the purposes of section (1) Subsection (d) of section 731 is amended ‘‘(2) PARTNERS.—In the case of any partner- 710, or the regulations or other guidance pre- by inserting ‘‘section 710(b)(4) (relating to ship which is engaged in a professional serv- scribed under section 710(g)(7)(E).’’. distributions of partnership property),’’ after ice business, subsection (a)(13) shall not (2) AMOUNT OF PENALTY.— ‘‘to the extent otherwise provided by’’. apply to any partner who provides substan- (A) IN GENERAL.—Section 6662 is amended (2) Section 741 is amended by inserting ‘‘or tial services with respect to such profes- by adding at the end the following new sub- section 710 (relating to special rules for part- sional service business. section: ners providing investment management serv- ‘‘(3) PROFESSIONAL SERVICE BUSINESS.—For ‘‘(k) INCREASE IN PENALTY IN CASE OF PROP- ices to partnership)’’ before the period at the purposes of this subsection, the term ‘profes- ERTY TRANSFERRED FOR INVESTMENT MAN- end. sional service business’ means any trade or AGEMENT SERVICES.—In the case of any por- business (or portion thereof) providing serv- tion of an underpayment to which this sec- (3) The table of sections for part I of sub- ices in the fields of health, law, lobbying, en- tion applies by reason of subsection (b)(8), chapter K of chapter 1 is amended by adding gineering, architecture, accounting, actu- subsection (a) shall be applied with respect at the end the following new item: arial science, performing arts, consulting, to such portion by substituting ‘40 percent’ ‘‘Sec. 710. Special rules for partners pro- for ‘20 percent’.’’. athletics, investment advice or management, viding investment management or brokerage services. (B) CONFORMING AMENDMENT.—Subpara- services to partnership.’’. ‘‘(4) REGULATIONS.—The Secretary shall graph (B) of section 6662A(e)(2) is amended by prescribe such regulations as may be nec- striking ‘‘or (i)’’ and inserting ‘‘, (i), or (k)’’. (f) EFFECTIVE DATE.— essary or appropriate to carry out the pur- (3) SPECIAL RULES FOR APPLICATION OF REA- (1) IN GENERAL.—Except as otherwise pro- poses of this subsection, including regula- SONABLE CAUSE EXCEPTION.—Subsection (c) of vided in this subsection, the amendments tions which prevent the avoidance of the section 6664 is amended— made by this section shall apply to taxable purposes of this subsection through tiered (A) by redesignating paragraphs (3) and (4) years ending after December 31, 2010. entities or otherwise. as paragraphs (4) and (5), respectively; (2) PARTNERSHIP TAXABLE YEARS WHICH IN- ‘‘(5) CROSS REFERENCE.—For employment (B) by striking ‘‘paragraph (3)’’ in para- CLUDE EFFECTIVE DATE.—In applying section tax treatment of wages paid to shareholders 710(a) of the Internal Revenue Code of 1986 graph (5)(A), as so redesignated, and insert- of S corporations, see subtitle C.’’. ing ‘‘paragraph (4)’’; and (as added by this section) in the case of any (b) CONFORMING AMENDMENT.—Section 211 (C) by inserting after paragraph (2) the fol- partnership taxable year which includes De- of the Social Security Act is amended by lowing new paragraph: cember 31, 2010, the amount of the net in- adding at the end the following new sub- ‘‘(3) SPECIAL RULE FOR UNDERPAYMENTS AT- come referred to in such section shall be section: TRIBUTABLE TO INVESTMENT MANAGEMENT treated as being the lesser of the net income ‘‘(l) SPECIAL RULES FOR PROFESSIONAL SERVICES.— for the entire partnership taxable year or the SERVICE BUSINESSES.— ‘‘(A) IN GENERAL.—Paragraph (1) shall not net income determined by only taking into ‘‘(1) SHAREHOLDERS PROVIDING SERVICES TO apply to any portion of an underpayment to account items attributable to the portion of DISQUALIFIED S CORPORATIONS.— which section 6662 applies by reason of sub- the partnership taxable year which is after ‘‘(A) IN GENERAL.—In the case of any dis- section (b)(8) unless— such date. qualified S corporation, each shareholder of ‘‘(i) the relevant facts affecting the tax (3) DISPOSITIONS OF PARTNERSHIP INTER- such disqualified S corporation who provides treatment of the item are adequately dis- ESTS.—Section 710(b) of the Internal Revenue substantial services with respect to the pro- closed, Code of 1986 (as added by this section) shall fessional service business referred to in sub- ‘‘(ii) there is or was substantial authority apply to dispositions and distributions after paragraph (C) shall take into account such for such treatment, and December 31, 2010. shareholder’s pro rata share of all items of ‘‘(iii) the taxpayer reasonably believed (4) OTHER INCOME AND GAIN IN CONNECTION income or loss described in section 1366 of that such treatment was more likely than WITH INVESTMENT MANAGEMENT SERVICES.— the Internal Revenue Code of 1986 which are not the proper treatment. Section 710(e) of such Code (as added by this attributable to such business in determining ‘‘(B) RULES RELATING TO REASONABLE BE- section) shall take effect on December 31, the shareholder’s net earnings from self-em- LIEF.—Rules similar to the rules of sub- 2010. ployment.

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‘‘(B) TREATMENT OF FAMILY MEMBERS.—Ex- (A) made pursuant to a written agreement (1) by striking ‘‘$1,000,000,000’’ in clause (i) cept as otherwise provided by the Secretary which was binding on March 15, 2010, and at and inserting ‘‘$5,000,000,000’’; of the Treasury, the shareholder’s pro rata all times thereafter; (2) by striking ‘‘$500,000,000’’ in clause (ii) share of items referred to in subparagraph (B) described in a ruling request submitted and inserting ‘‘$2,500,000,000’’; and (A) shall be increased by the pro rata share to the Internal Revenue Service on or before (3) by striking ‘‘$1,000,000,000 PER INCIDENT, of such items of each member of such share- such date; or ETC’’ in the heading and inserting ‘‘PER INCI- holder’s family (within the meaning of sec- (C) described on or before such date in a DENT LIMITATIONS’’. tion 318(a)(1) of the Internal Revenue Code of public announcement or in a filing with the (d) EFFECTIVE DATE.— 1986) who does not provide substantial serv- Securities and Exchange Commission. (1) EXTENSION OF FINANCING RATE.—Except ices with respect to such professional service SEC. 422. TAXATION OF BOOT RECEIVED IN RE- as provided in paragraph (2), the amend- business. ORGANIZATIONS. ments made by this section shall take effect ‘‘(C) DISQUALIFIED S CORPORATION.—For (a) IN GENERAL.—Paragraph (2) of section on the date of the enactment of this Act. purposes of this subsection, the term ‘dis- 356(a) is amended— (2) INCREASE IN FINANCING RATE.—The qualified S corporation’ means— (1) by striking ‘‘If an exchange’’ and insert- amendment made by subsection (b) shall ‘‘(i) any S corporation which is a partner ing ‘‘Except as otherwise provided by the apply to crude oil received and petroleum in a partnership which is engaged in a profes- Secretary— products entered during calendar quarters sional service business if substantially all of ‘‘(A) IN GENERAL.—If an exchange’’; beginning more than 60 days after the date of the activities of such S corporation are per- (2) by striking ‘‘then there shall be’’ and the enactment of this Act. formed in connection with such partnership, all that follows through ‘‘February 28, 1913’’ SEC. 432. TIME FOR PAYMENT OF CORPORATE ES- and and inserting ‘‘then the amount of other TIMATED TAXES. ‘‘(ii) any other S corporation which is en- property or money shall be treated as a divi- The percentage under paragraph (2) of sec- gaged in a professional service business if 80 dend to the extent of the earnings and prof- tion 561 of the Hiring Incentives to Restore percent or more of the gross income of such its of the corporation’’; and Employment Act in effect on the date of the business is attributable to service of 3 or (3) by adding at the end the following new enactment of this Act is increased by 36 per- fewer shareholders of such corporation. subparagraph: centage points. ‘‘(2) PARTNERS.—In the case of any partner- ‘‘(B) CERTAIN REORGANIZATIONS.—In the SEC. 433. DENIAL OF DEDUCTION FOR PUNITIVE ship which is engaged in a professional serv- case of a reorganization described in section DAMAGES. ice business, subsection (a)(12) shall not 368(a)(1)(D) to which section 354(b)(1) applies (a) DISALLOWANCE OF DEDUCTION FOR PUNI- apply to any partner who provides substan- or any other reorganization specified by the TIVE DAMAGES.— tial services with respect to such profes- Secretary, in applying subparagraph (A)— (1) IN GENERAL.—Section 162(g) (relating to sional service business. ‘‘(i) the earnings and profits of each cor- treble damage payments under the antitrust ‘‘(3) PROFESSIONAL SERVICE BUSINESS.—For poration which is a party to the reorganiza- laws) is amended— purposes of this subsection, the term ‘profes- tion shall be taken into account, and (A) by redesignating paragraphs (1) and (2) sional service business’ means any trade or ‘‘(ii) the amount which is a dividend (and as subparagraphs (A) and (B), respectively, business (or portion thereof) providing serv- source thereof) shall be determined under (B) by striking ‘‘If’’ and inserting: ices in the fields of health, law, lobbying, en- rules similar to the rules of paragraphs (2) ‘‘(1) TREBLE DAMAGES.—If’’, and gineering, architecture, accounting, actu- and (5) of section 304(b).’’. (C) by adding at the end the following new arial science, performing arts, consulting, (b) EARNINGS AND PROFITS.—Paragraph (7) paragraph: athletics, investment advice or management, of section 312(n) is amended by adding at the ‘‘(2) PUNITIVE DAMAGES.—No deduction or brokerage services.’’. end the following: ‘‘A similar rule shall shall be allowed under this chapter for any (c) EFFECTIVE DATE.—The amendments apply to an exchange to which section amount paid or incurred for punitive dam- made by this section shall apply to taxable 356(a)(1) applies.’’. ages in connection with any judgment in, or years beginning after December 31, 2010. (c) CONFORMING AMENDMENT.—Paragraph settlement of, any action. This paragraph (1) of section 356(a) is amended by striking shall not apply to punitive damages de- Subtitle C—Corporate Provisions ‘‘then the gain’’ and inserting ‘‘then (except scribed in section 104(c).’’. SEC. 421. TREATMENT OF SECURITIES OF A CON- as provided in paragraph (2)) the gain’’. (2) CONFORMING AMENDMENT.—The heading TROLLED CORPORATION EX- (d) EFFECTIVE DATE.— for section 162(g) is amended by inserting CHANGED FOR ASSETS IN CERTAIN (1) IN GENERAL.—Except as provided in ‘‘OR PUNITIVE DAMAGES’’ after ‘‘LAWS’’. REORGANIZATIONS. paragraph (2), the amendments made by this (b) INCLUSION IN INCOME OF PUNITIVE DAM- (a) IN GENERAL.—Section 361 (relating to section shall apply to exchanges after the AGES PAID BY INSURER OR OTHERWISE.— nonrecognition of gain or loss to corpora- date of the enactment of this Act. (1) IN GENERAL.—Part II of subchapter B of tions; treatment of distributions) is amended (2) TRANSITION RULE.—The amendments chapter 1 (relating to items specifically in- by adding at the end the following new sub- made by this section shall not apply to any cluded in gross income) is amended by add- section: exchange between unrelated persons pursu- ing at the end the following new section: ‘‘(d) SPECIAL RULES FOR TRANSACTIONS IN- ant to a transaction which is— ‘‘SEC. 91. PUNITIVE DAMAGES COMPENSATED BY VOLVING SECTION 355 DISTRIBUTIONS.—In the (A) made pursuant to a written agreement INSURANCE OR OTHERWISE. case of a reorganization described in section which was binding on May 20, 2010, and at all ‘‘Gross income shall include any amount 368(a)(1)(D) with respect to which stock or times thereafter; paid to or on behalf of a taxpayer as insur- securities of the corporation to which the as- (B) described in a ruling request submitted ance or otherwise by reason of the taxpayer’s sets are transferred are distributed in a to the Internal Revenue Service on or before liability (or agreement) to pay punitive dam- transaction which qualifies under section such date; or ages.’’. 355— (C) described in a public announcement or (2) REPORTING REQUIREMENTS.—Section 6041 ‘‘(1) this section shall be applied by sub- filing with the Securities and Exchange (relating to information at source) is amend- stituting ‘stock other than nonqualified pre- Commission on or before such date. ed by adding at the end the following new ferred stock (as defined in section 351(g)(2))’ (3) RELATED PERSONS.—For purposes of this subsection: for ‘stock or securities’ in subsections (a) subsection, a person shall be treated as re- ‘‘(h) SECTION TO APPLY TO PUNITIVE DAM- and (b)(1), and lated to another person if the relationship AGES COMPENSATION.—This section shall ‘‘(2) the first sentence of subsection (b)(3) between such persons is described in section apply to payments by a person to or on be- shall apply only to the extent that the sum 267 or 707(b) of the Internal Revenue Code of half of another person as insurance or other- of the money and the fair market value of 1986. wise by reason of the other person’s liability the other property transferred to such credi- Subtitle D—Other Provisions (or agreement) to pay punitive damages.’’. tors does not exceed the adjusted bases of (3) CONFORMING AMENDMENT.—The table of SEC. 431. MODIFICATIONS WITH RESPECT TO OIL such assets transferred (reduced by the SPILL LIABILITY TRUST FUND. sections for part II of subchapter B of chap- ter 1 is amended by adding at the end the fol- amount of the liabilities assumed (within the (a) EXTENSION OF APPLICATION OF OIL SPILL lowing new item: meaning of section 357(c))).’’. LIABILITY TRUST FUND FINANCING RATE.— (b) CONFORMING AMENDMENT.—Paragraph Paragraph (2) of section 4611(f) is amended by ‘‘Sec. 91. Punitive damages compensated by (3) of section 361(b) is amended by striking striking ‘‘December 31, 2017’’ and inserting insurance or otherwise.’’. the last sentence. ‘‘December 31, 2020’’. (c) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.— (b) INCREASE IN OIL SPILL LIABILITY TRUST made by this section shall apply to damages (1) IN GENERAL.—Except as provided in FUND FINANCING RATE.—Subparagraph (B) of paid or incurred after December 31, 2011. paragraph (2), the amendments made by this section 4611(c)(2) is amended to read as fol- SEC. 434. ELIMINATION OF ADVANCE section shall apply to exchanges after the lows: REFUNDABILITY OF EARNED IN- date of the enactment of this Act. ‘‘(B) the Oil Spill Liability Trust Fund fi- COME CREDIT. (2) TRANSITION RULE.—The amendments nancing rate is 49 cents a barrel.’’. (a) IN GENERAL.—The following provisions made by this section shall not apply to any (c) INCREASE IN PER INCIDENT LIMITATIONS are repealed: exchange pursuant to a transaction which ON EXPENDITURES.—Subparagraph (A) of sec- (1) Section 3507. is— tion 9509(c)(2) is amended— (2) Subsection (g) of section 32.

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.053 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5349 (3) Paragraph (7) of section 6051(a). ‘‘(C) that individual has remaining entitle- cal year 2011 for benefits and services pro- (b) CONFORMING AMENDMENTS.— ment to emergency unemployment com- vided in fiscal year 2011 in accordance with (1) Section 6012(a) is amended by striking pensation with respect to that benefit year, the requirements of paragraph (3). paragraph (8) and by redesignating para- and ‘‘(iii) RESERVATION OF FUNDS.—Of the graph (9) as paragraph (8). ‘‘(D) that individual would qualify for a amounts appropriated to the Emergency (2) Section 6302 is amended by striking sub- new benefit year in which the weekly benefit Fund under subparagraph (A) for fiscal year section (i). amount of regular compensation is at least 2011, $500,000 shall be placed in reserve for (3) The table of sections for chapter 25 is either $100 or 25 percent less than the indi- use in fiscal year 2012, and shall be used to amended by striking the item relating to vidual’s weekly benefit amount in the ben- award grants for any expenditures described section 3507. efit year referred to in subparagraph (A), in this subsection incurred by States after (c) EFFECTIVE DATE.—The repeals and then the State shall determine eligibility for September 30, 2011.’’; amendments made by this section shall compensation as provided in paragraph (2). (3) in paragraph (2)(C), by striking ‘‘2010’’ apply to taxable years beginning after De- ‘‘(2) For individuals described in paragraph and inserting ‘‘2012’’; cember 31, 2010. (1), the State shall determine whether the in- (4) in paragraph (3)— TITLE V—UNEMPLOYMENT, HEALTH, AND dividual is to be paid emergency unemploy- (A) in clause (i) of each of subparagraphs (A), (B), and (C)— OTHER ASSISTANCE ment compensation or regular compensation (i) by striking ‘‘year 2009 or 2010’’ and in- for a week of unemployment using one of the Subtitle A—Unemployment Insurance and serting ‘‘years 2009 through 2011’’; following methods: Other Assistance (ii) by striking ‘‘and’’ at the end of sub- ‘‘(A) The State shall, if permitted by State SEC. 501. EXTENSION OF UNEMPLOYMENT INSUR- clause (I); law, establish a new benefit year, but defer ANCE PROVISIONS. (iii) by striking the period at the end of the payment of regular compensation with (a) IN GENERAL.—(1) Section 4007 of the subclause (II) and inserting ‘‘; and’’; and respect to that new benefit year until ex- Supplemental Appropriations Act, 2008 (Pub- (iv) by adding at the end the following: haustion of all emergency unemployment lic Law 110–252; 26 U.S.C. 3304 note) is amend- ‘‘(III) if the quarter is in fiscal year 2011, compensation payable with respect to the ed— has provided the Secretary with such infor- (A) by striking ‘‘June 2, 2010’’ each place it benefit year referred to in paragraph (1)(A); mation as the Secretary may find necessary appears and inserting ‘‘November 30, 2010’’; ‘‘(B) The State shall, if permitted by State in order to make the determinations, or take (B) in the heading for subsection (b)(2), by law, defer the establishment of a new benefit any other action, described in paragraph striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEM- year (which uses all the wages and employ- (5)(C).’’; and BER 30, 2010’’; and ment which would have been used to estab- (B) in subparagraph (C), by adding at the (C) in subsection (b)(3), by striking ‘‘No- lish a benefit year but for the application of end the following: vember 6, 2010’’ and inserting ‘‘April 30, this paragraph), until exhaustion of all emer- ‘‘(iv) LIMITATION ON EXPENDITURES FOR SUB- 2011’’. gency unemployment compensation payable SIDIZED EMPLOYMENT.—An expenditure for (2) Section 2005 of the Assistance for Unem- with respect to the benefit year referred to subsidized employment shall be taken into ployed Workers and Struggling Families in paragraph(1)(A); account under clause (ii) only if the expendi- Act, as contained in Public Law 111–5 (26 ‘‘(C) The State shall pay, if permitted by ture is used to subsidize employment for— U.S.C. 3304 note; 123 Stat. 444), is amended— State law— ‘‘(I) a member of a needy family (without (A) by striking ‘‘June 2, 2010’’ each place it ‘‘(i) regular compensation equal to the regard to whether the family is receiving as- appears and inserting ‘‘December 1, 2010’’; weekly benefit amount established under the sistance under the State program funded and new benefit year, and under this part); or (B) in subsection (c), by striking ‘‘Novem- ‘‘(ii) emergency unemployment compensa- ‘‘(II) an individual who has exhausted (or, ber 6, 2010’’ and inserting ‘‘May 1, 2011’’. tion equal to the difference between that within 60 days, will exhaust) all rights to re- (3) Section 5 of the Unemployment Com- weekly benefit amount and the weekly ben- ceive unemployment compensation under pensation Extension Act of 2008 (Public Law efit amount for the expired benefit year; or Federal and State law, and who is a member 110–449; 26 U.S.C. 3304 note) is amended by ‘‘(D) The State shall determine rights to of a needy family.’’; striking ‘‘November 6, 2010’’ and inserting emergency unemployment compensation (5) by striking paragraph (5) and inserting ‘‘April 30, 2011’’. without regard to any rights to regular com- the following: (b) FUNDING.—Section 4004(e)(1) of the Sup- pensation if the individual elects to not file ‘‘(5) LIMITATIONS ON PAYMENTS; ADJUST- plemental Appropriations Act, 2008 (Public a claim for regular compensation under the MENT AUTHORITY.— Law 110–252; 26 U.S.C. 3304 note) is amended— new benefit year.’’. ‘‘(A) FISCAL YEARS 2009 AND 2010.—The total (1) in subparagraph (D), by striking ‘‘and’’ (b) EFFECTIVE DATE.—The amendment amount payable to a single State under sub- at the end; and made by this section shall apply to individ- section (b) and this subsection for fiscal (2) by inserting after subparagraph (E) the uals whose benefit years, as described in sec- years 2009 and 2010 combined shall not exceed following: tion 4002(g)(1)(B) the Supplemental Appro- 50 percent of the annual State family assist- ‘‘(F) the amendments made by section priations Act, 2008 (Public Law 110–252; 26 ance grant. 501(a)(1) of the American Jobs and Closing U.S.C. 3304 note), as amended by this section, ‘‘(B) FISCAL YEAR 2011.—Subject to subpara- Tax Loopholes Act of 2010; and’’. expire after the date of enactment of this graph (C), the total amount payable to a sin- (c) CONDITIONS FOR RECEIVING EMERGENCY Act. gle State under subsection (b) and this sub- UNEMPLOYMENT COMPENSATION.—Section SEC. 503. EXTENSION OF THE EMERGENCY CON- section for fiscal year 2011 shall not exceed 30 4001(d)(2) of the Supplemental Appropria- TINGENCY FUND. percent of the annual State family assist- tions Act, 2008 (Public Law 110–252; 26 U.S.C. (a) IN GENERAL.—Section 403(c) of the So- ance grant. 3304 note) is amended, in the matter pre- cial Security Act (42 U.S.C. 603(c)) is amend- ‘‘(C) ADJUSTMENT AUTHORITY.—If the Sec- ceding subparagraph (A), by inserting before ed— retary determines that the Emergency Fund ‘‘shall apply’’ the following: ‘‘(including (1) in paragraph (2)(A), by inserting ‘‘, and is at risk of being depleted before September terms and conditions relating to availability for fiscal year 2011, $2,500,000,000’’ before ‘‘for 30, 2011, or that funds are available to accom- for work, active search for work, and refusal payment’’; modate additional State requests under this to accept work)’’. (2) by striking paragraph (2)(B) and insert- subsection, the Secretary may, through pro- (d) EFFECTIVE DATE.—The amendments ing the following: gram instructions issued without regard to made by this section shall take effect as if ‘‘(B) AVAILABILITY AND USE OF FUNDS.— the requirements of section 553 of title 5, included in the enactment of the Continuing ‘‘(i) FISCAL YEARS 2009 AND 2010.—The United States Code— Extension Act of 2010 (Public Law 111–157). amounts appropriated to the Emergency ‘‘(i) specify priority criteria for awarding SEC. 502. COORDINATION OF EMERGENCY UNEM- Fund under subparagraph (A) for fiscal year grants to States during fiscal year 2011; and PLOYMENT COMPENSATION WITH 2009 shall remain available through fiscal ‘‘(ii) adjust the percentage limitation ap- REGULAR COMPENSATION. year 2010 and shall be used to make grants to plicable under subparagraph (B) with respect (a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY States in each of fiscal years 2009 and 2010 in to the total amount payable to a single REASON OF NEW ENTITLEMENT TO REGULAR accordance with paragraph (3), except that State for fiscal year 2011.’’; and BENEFITS.—Section 4002 of the Supplemental the amounts shall remain available through (6) in paragraph (6), by inserting ‘‘or for ex- Appropriations Act, 2008 (Public Law 110–252; fiscal year 2011 to make grants and payments penditures described in paragraph (3)(C)(iv)’’ 26 U.S.C. 3304 note) is amended by adding at to States in accordance with paragraph (3)(C) before the period. the end the following: to cover expenditures to subsidize employ- (b) CONFORMING AMENDMENTS.—Section ‘‘(g) COORDINATION OF EMERGENCY UNEM- ment positions held by individuals placed in 2101 of division B of the American Recovery PLOYMENT COMPENSATION WITH REGULAR the positions before fiscal year 2011. and Reinvestment Act of 2009 (Public Law COMPENSATION.— ‘‘(ii) FISCAL YEAR 2011.—Subject to clause 111–5) is amended— ‘‘(1) If— (iii), the amounts appropriated to the Emer- (1) in subsection (a)(2)— ‘‘(A) an individual has been determined to gency Fund under subparagraph (A) for fiscal (A) by striking ‘‘2010’’ and inserting ‘‘2011’’; be entitled to emergency unemployment year 2011 shall remain available through fis- and compensation with respect to a benefit year, cal year 2012 and shall be used to make (B) by striking all that follows ‘‘repealed’’ ‘‘(B) that benefit year has expired, grants to States based on expenditures in fis- and inserting a period; and

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.053 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5350 CONGRESSIONAL RECORD — SENATE June 23, 2010 (2) in subsection (d)(1), by striking ‘‘2010’’ relate to title XVIII of the Social Security tion added by 2101(e) of Public Law 111–148 as and inserting ‘‘2011’’. Act, and other provisions of such title that subparagraph (O). (c) PROGRAM GUIDANCE.—The Secretary of involve reprocessing of claims, there are ap- SEC. 516. ADDITION OF INPATIENT DRUG DIS- Health and Human Services shall issue pro- propriated to the Secretary of Health and COUNT PROGRAM TO 340B DRUG gram guidance, without regard to the re- Human Services for the Centers for Medicare DISCOUNT PROGRAM. quirements of section 553 of title 5, United & Medicaid Services Program Management (a) ADDITION OF INPATIENT DRUG DIS- States Code, which ensures that the funds Account, from amounts in the general fund COUNT.—Title III of the Public Health Serv- provided under the amendments made by of the Treasury not otherwise appropriated, ice Act is amended by inserting after section this section to a jurisdiction for subsidized $175,000,000. Amounts appropriated under the 340B (42 U.S.C. 256b) the following: preceding sentence shall remain available employment do not support any subsidized ‘‘SEC. 340B–1. DISCOUNT INPATIENT DRUGS FOR employment position the annual salary of until expended. INDIVIDUALS WITHOUT PRESCRIP- which is greater than, at State option— SEC. 515. MEDICAID AND CHIP TECHNICAL COR- TION DRUG COVERAGE. RECTIONS. (1) 200 percent of the poverty line (within ‘‘(a) REQUIREMENTS FOR AGREEMENTS WITH (a) REPEAL OF EXCLUSION OF CERTAIN INDI- the meaning of section 673(2) of the Omnibus THE SECRETARY.— VIDUALS AND ENTITIES FROM MEDICAID.—Sec- Budget Reconciliation Act of 1981, including ‘‘(1) IN GENERAL.— tion 6502 of Public Law 111–148 is repealed any revision required by such section 673(2)) ‘‘(A) AGREEMENT.—The Secretary shall and the provisions of law amended by such for a family of 4; or enter into an agreement with each manufac- section are restored as if such section had (2) the median wage in the jurisdiction. turer of covered inpatient drugs under which never been enacted. Nothing in the previous SEC. 504. REQUIRING STATES TO NOT REDUCE the amount required to be paid (taking into sentence shall affect the execution or place- REGULAR COMPENSATION IN account any rebate or discount, as provided ment of the insertion made by section 6503 of ORDER TO BE ELIGIBLE FOR FUNDS by the Secretary) to the manufacturer for UNDER THE EMERGENCY UNEM- such Act. covered inpatient drugs (other than drugs de- PLOYMENT COMPENSATION PRO- (b) INCOME LEVEL FOR CERTAIN CHILDREN scribed in paragraph (3)) purchased by a cov- GRAM. UNDER MEDICAID.—Effective as if included in Section 4001 of the Supplemental Appro- the enactment of Public Law 111–148, section ered entity on or after January 1, 2011, does priations Act, 2008 (Public Law 110–252; 26 2001(a)(5)(B) of such Act is amended by strik- not exceed an amount equal to the average U.S.C. 3304 note) is amended by adding at the ing all that follows ‘‘is amended’’ and insert- manufacturer price for the drug under title end the following new subsection: ing the following: ‘‘by inserting after ‘100 XIX of the Social Security Act in the pre- ‘‘(g) NONREDUCTION RULE.—An agreement percent’ the following: ‘(or, beginning Janu- ceding calendar quarter, reduced by the re- under this section shall not apply (or shall ary 1, 2014, 133 percent)’.’’. bate percentage described in paragraph (2). cease to apply) with respect to a State upon (c) CALCULATION AND PUBLICATION OF PAY- For a covered inpatient drug that also is a a determination by the Secretary that the MENT ERROR RATE MEASUREMENT FOR CER- covered outpatient drug under section 340B, method governing the computation of reg- TAIN YEARS.—Section 601(b) of the Children’s the amount required to be paid under the ular compensation under the State law of Health Insurance Program Reauthorization preceding sentence shall be equal to the that State has been modified in a manner Act of 2009 (Public Law 111–3) is amended by amount required to be paid under section such that— adding at the end the following: ‘‘The Sec- 340B(a)(1) for such drug. The agreement with ‘‘(1) the average weekly benefit amount of retary is not required under this subsection a manufacturer under this subparagraph regular compensation which will be payable to calculate or publish a national or a State- may, at the discretion of the Secretary, be during the period of the agreement occurring specific error rate for fiscal year 2009 or fis- included in the agreement with the same on or after June 2, 2010 (determined dis- cal year 2010.’’. manufacturer under section 340B. regarding any additional amounts attrib- (d) CORRECTIONS TO EXCEPTIONS TO EXCLU- ‘‘(B) CEILING PRICE.—Each such agreement utable to the modification described in sec- SION OF CHILDREN OF CERTAIN EMPLOYEES.— shall require that the manufacturer furnish tion 2002(b)(1) of the Assistance for Unem- Section 2110(b)(6) of the Social Security Act the Secretary with reports, on a quarterly ployed Workers and Struggling Families (42 U.S.C. 1397jj(b)(6)) is amended— basis, of the price for each covered inpatient Act, as contained in Public Law 111–5 (26 (1) in subparagraph (B)— drug subject to the agreement that, accord- U.S.C. 3304 note; 123 Stat. 438)), will be less (A) by striking ‘‘PER PERSON’’ in the head- ing to the manufacturer, represents the max- than ing; and imum price that covered entities may per- ‘‘(2) the average weekly benefit amount of (B) by striking ‘‘each employee’’ and in- missibly be required to pay for the drug (re- regular compensation which would otherwise serting ‘‘employees’’; and ferred to in this section as the ‘ceiling have been payable during such period under (2) in subparagraph (C), by striking ‘‘, on a price’), and shall require that the manufac- the State law, as in effect on June 2, 2010.’’. case-by-case basis,’’. turer offer each covered entity covered inpa- (e) ELECTRONIC HEALTH RECORDS.—Effec- tient drugs for purchase at or below the ap- Subtitle B—Health Provisions tive as if included in the enactment of sec- plicable ceiling price if such drug is made SEC. 511. EXTENSION OF SECTION 508 RECLASSI- tion 4201(a)(2) of the American Recovery and available to any other purchaser at any FICATIONS. Reinvestment Act of 2009 (Public Law 111–5), price. (a) IN GENERAL.—Section 106(a) of division section 1903(t) of the Social Security Act (42 ‘‘(C) ALLOCATION METHOD.—Each such B of the Tax Relief and Health Care Act of U.S.C. 1396b(t)) is amended— agreement shall require that, if the supply of 2006 (42 U.S.C. 1395 note), as amended by sec- (1) in paragraph (3)(E), by striking ‘‘re- a covered inpatient drug is insufficient to tion 117 of the Medicare, Medicaid, and duced by any payment that is made to such meet demand, then the manufacturer may SCHIP Extension Act of 2007 (Public Law Medicaid provider from any other source use an allocation method that is reported in 110–173), section 124 of the Medicare Improve- (other than under this subsection or by a writing to, and approved by, the Secretary ments for Patients and Providers Act of 2008 State or local government)’’ and inserting and does not discriminate on the basis of the (Public Law 110–275), and sections 3137(a) and ‘‘reduced by the average payment the Sec- price paid by covered entities or on any 10317 of Public Law 111–148, is amended by retary estimates will be made to such Med- other basis related to the participation of an striking ‘‘September 30, 2010’’ and inserting icaid providers (determined on a percentage entity in the program under this section. ‘‘September 30, 2011’’. or other basis for such classes or types of ‘‘(2) REBATE PERCENTAGE DEFINED.— (b) CONFORMING AMENDMENT.—Section providers as the Secretary may specify) from ‘‘(A) IN GENERAL.—For a covered inpatient 117(a)(3) of the Medicare, Medicaid, and other sources (other than under this sub- drug purchased in a calendar quarter, the SCHIP Extension Act of 2007 (Public Law section, or by the Federal government or a ‘rebate percentage’ is the amount (expressed 110–173)), is amended by inserting ‘‘in fiscal State or local government)’’; and as a percentage) equal to— years 2008 and 2009’’ after ‘‘For purposes of (2) in paragraph (6)(B), by inserting before ‘‘(i) the average total rebate required implementation of this subsection’’. the period the following: ‘‘and shall be deter- under section 1927(c) of the Social Security SEC. 512. REPEAL OF DELAY OF RUG-IV. mined to have met such responsibility to the Act (or the average total rebate that would Effective as if included in the enactment of extent that the payment to the Medicaid be required if the drug were a covered out- Public Law 111–148, section 10325 of such Act provider is not in excess of 85 percent of the patient drug under such section) with re- is repealed. net average allowable cost’’. spect to the drug (for a unit of the dosage SEC. 513. LIMITATION ON REASONABLE COSTS (f) CORRECTIONS OF DESIGNATIONS.— form and strength involved) during the pre- PAYMENTS FOR CERTAIN CLINICAL (1) Section 1902 of the Social Security Act ceding calendar quarter; divided by DIAGNOSTIC LABORATORY TESTS (42 U.S.C. 1396a) is amended— ‘‘(ii) the average manufacturer price for FURNISHED TO HOSPITAL PATIENTS (A) in subsection (a)(10), in the matter fol- such a unit of the drug during such quarter. IN CERTAIN RURAL AREAS. lowing subparagraph (G), by striking ‘‘and’’ ‘‘(B) OVER THE COUNTER DRUGS.— Section 3122 of Public Law 111–148 is re- before ‘‘(XVI) the medical’’ and by striking ‘‘(i) IN GENERAL.—For purposes of subpara- pealed and the provision of law amended by ‘‘(XVI) if’’ and inserting ‘‘(XVII) if’’; and graph (A), in the case of over the counter such section is restored as if such section (B) in subsection (ii)(2), by striking ‘‘(XV)’’ drugs, the ‘rebate percentage’ shall be deter- had not been enacted. and inserting ‘‘(XVI)’’. mined as if the rebate required under section SEC. 514. FUNDING FOR CLAIMS REPROCESSING. (2) Section 2107(e)(1) of the Social Security 1927(c) of the Social Security Act is based on For purposes of carrying out the provisions Act (42 U.S.C. 1397gg(e)(1)) is amended by re- the applicable percentage provided under of, and amendments made by, this Act that designating the subparagraph (N) of that sec- section 1927(c)(3) of such Act.

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‘‘(ii) DEFINITION.—The term ‘over the graph (A) or (B), the covered entity shall be 1886(d)(5)(F)(i)(II) of such Act (as so in effect counter drug’ means a drug that may be sold liable to the manufacturer of the covered in- on the date of enactment of this section). without a prescription and which is pre- patient drug that is the subject of the viola- ‘‘(2) A children’s hospital excluded from scribed by a physician (or other persons au- tion in an amount equal to the reduction in the Medicare prospective payment system thorized to prescribe such drug under State the price of the drug (as described in sub- pursuant to section 1886(d)(1)(B)(iii) of the law). paragraph (A)) provided under the agreement Social Security Act that would meet the re- ‘‘(3) DRUGS PROVIDED UNDER STATE MED- between the Secretary and the manufacturer quirements of paragraph (1), including the ICAID PLANS.—Drugs described in this para- under this subsection. disproportionate share adjustment percent- graph are drugs purchased by the entity for ‘‘(E) MAINTENANCE OF RECORDS.— age requirement under subparagraph (B) of which payment is made by the State under ‘‘(i) IN GENERAL.—A covered entity shall es- such paragraph, if the hospital were a sub- the State plan for medical assistance under tablish and maintain an effective record- section (d) hospital as defined by section title XIX of the Social Security Act. keeping system to comply with this section 1886(d)(1)(B) of the Social Security Act. ‘‘(4) REQUIREMENTS FOR COVERED ENTI- and shall certify to the Secretary that such ‘‘(3) A free-standing cancer hospital ex- TIES.— entity is in compliance with subparagraphs cluded from the Medicare prospective pay- ‘‘(A) PROHIBITING DUPLICATE DISCOUNTS OR (A) and (B). The Secretary shall require that ment system pursuant to section REBATES.— hospitals that purchase covered inpatient 1886(d)(1)(B)(v) of the Social Security Act ‘‘(i) IN GENERAL.—A covered entity shall drugs for inpatient dispensing or administra- that would meet the requirements of para- not request payment under title XIX of the tion under this subsection appropriately seg- graph (1), including the disproportionate Social Security Act for medical assistance regate inventory of such covered inpatient share adjustment percentage requirement described in section 1905(a)(12) of such Act drugs, either physically or electronically, under subparagraph (B) of such paragraph, if with respect to a covered inpatient drug that from drugs for outpatient use, as well as the hospital were a subsection (d) hospital as is subject to an agreement under this section from drugs for inpatient dispensing or ad- defined by section 1886(d)(1)(B) of the Social if the drug is subject to the payment of a re- ministration to individuals who have (for Security Act. bate to the State under section 1927 of such purposes of subparagraph (B)) health plan ‘‘(4) An entity that is a critical access hos- Act. coverage described in clause (ii) of such sub- pital (as determined under section 1820(c)(2) ‘‘(ii) ESTABLISHMENT OF MECHANISM.—The paragraph. of the Social Security Act), and that meets Secretary shall establish a mechanism to en- ‘‘(ii) CERTIFICATION OF NO THIRD-PARTY the requirements of paragraph (1)(A). sure that covered entities comply with PAYER.—A covered entity shall maintain ‘‘(5) An entity that is a rural referral cen- clause (i). If the Secretary does not establish records that contain certification by the cov- ter, as defined by section 1886(d)(5)(C)(i) of a mechanism under the previous sentence ered entity that no third party payment was the Social Security Act, or a sole commu- within 12 months of the enactment of this received for any covered inpatient drug that nity hospital, as defined by section section, the requirements of section is subject to an agreement under this sub- 1886(d)(5)(C)(iii) of such Act, and that both 1927(a)(5)(C) of the Social Security Act shall section and that was dispensed to an inpa- meets the requirements of paragraph (1)(A) apply. tient. and has a disproportionate share adjustment percentage equal to or greater than 8 per- ‘‘(iii) PROHIBITING DISCLOSURE TO GROUP ‘‘(5) TREATMENT OF DISTINCT UNITS OF HOS- cent. PURCHASING ORGANIZATIONS.—In the event PITALS.—In the case of a covered entity that ‘‘(c) OTHER DEFINITIONS.—In this section: that a covered entity is a member of a group is a distinct part of a hospital, the distinct ‘‘(1) AVERAGE MANUFACTURER PRICE.— purchasing organization, such entity shall part of the hospital shall not be considered a ‘‘(A) IN GENERAL.—The term ‘average man- not disclose the price or any other informa- covered entity under this subsection unless ufacturer price’— tion pertaining to any purchases under this the hospital is otherwise a covered entity ‘‘(i) has the meaning given such term in section directly or indirectly to such group under this subsection. section 1927(k) of the Social Security Act, purchasing organization. ‘‘(6) NOTICE TO MANUFACTURERS.—The Sec- except that such term shall be applied under ‘‘(B) PROHIBITING RESALE, DISPENSING, OR retary shall notify manufacturers of covered this section with respect to covered inpa- ADMINISTRATION OF DRUGS EXCEPT TO CERTAIN inpatient drugs and single State agencies tient drugs in the same manner (as applica- PATIENTS.—With respect to any covered inpa- under section 1902(a)(5) of the Social Secu- ble) as such term is applied under such sec- tient drug that is subject to an agreement rity Act of the identities of covered entities tion 1927(k) with respect to covered out- under this subsection, a covered entity shall under this subsection, and of entities that no patient drugs (as defined in such section); not dispense, administer, resell, or otherwise longer meet the requirements of paragraph and transfer the covered inpatient drug to a per- (4), by means of timely updates of the Inter- ‘‘(ii) with respect to a covered inpatient son unless— net website supported by the Department of drug for which there is no average manufac- ‘‘(i) such person is an inpatient of the enti- Health and Human Services relating to this turer price (as defined in clause (i)), shall be ty; and section. the amount determined under regulations ‘‘(ii) such person does not have health plan ‘‘(7) NO PROHIBITION ON LARGER DISCOUNT.— promulgated by the Secretary under sub- coverage (as defined in subsection (c)(3)) that Nothing in this subsection shall prohibit a paragraph (B). provides prescription drug coverage in the manufacturer from charging a price for a ‘‘(B) RULEMAKING.—The Secretary shall by inpatient setting with respect to such cov- drug that is lower than the maximum price regulation, in consultation with the Admin- ered inpatient drug. that may be charged under paragraph (1). istrator of the Centers for Medicare & Med- For purposes of clause (ii), a person shall be ‘‘(b) COVERED ENTITY DEFINED.—In this sec- icaid Services, establish a method for deter- treated as having health plan coverage (as tion, the term ‘covered entity’ means an en- mining the average manufacturer price for defined in subsection (c)(3)) with respect to a tity that meets the requirements described covered inpatient drugs for which there is no covered inpatient drug if benefits are not in subsection (a)(4) that has applied for and average manufacturer price (as defined in payable under such coverage with respect to enrolled in the program described under this subparagraph (A)(i)). Regulations promul- such drug for reasons such as the application section and is one of the following: gated with respect to covered inpatient of a deductible or cost sharing or the use of ‘‘(1) A subsection (d) hospital (as defined in drugs under the preceding sentence shall pro- utilization management. section 1886(d)(1)(B) of the Social Security vide for the application of methods for deter- ‘‘(C) AUDITING.—A covered entity shall per- Act) that— mining the average manufacturer price that mit the Secretary and the manufacturer of a ‘‘(A) is owned or operated by a unit of are the same as the methods used to deter- covered inpatient drug that is subject to an State or local government, is a public or pri- mine such price in calculating rebates re- agreement under this subsection with the en- vate non-profit corporation which is for- quired for such drugs under an agreement be- tity (acting in accordance with procedures mally granted governmental powers by a tween a manufacturer and a State that satis- established by the Secretary relating to the unit of State or local government, or is a pri- fies the requirements of section 1927(b) of the number, duration, and scope of audits) to vate nonprofit hospital which has a contract Social Security Act, as applicable. audit at the Secretary’s or the manufactur- with a State or local government to provide ‘‘(2) COVERED INPATIENT DRUG.—The term er’s expense the records of the entity that di- health care services to low income individ- ‘covered inpatient drug’ means a drug— rectly pertain to the entity’s compliance uals who are not entitled to benefits under ‘‘(A) that is described in section 1927(k)(2) with the requirements described in subpara- title XVIII of the Social Security Act or eli- of the Social Security Act; graph (A) or (B) with respect to drugs of the gible for assistance under the State plan for ‘‘(B) that, notwithstanding paragraph manufacturer. The use or disclosure of infor- medical assistance under title XIX of such (3)(A) of section 1927(k) of such Act, is used mation for performance of such an audit Act; and in connection with an inpatient service pro- shall be treated as a use or disclosure re- ‘‘(B) for the most recent cost reporting pe- vided by a covered entity that is enrolled to quired by law for purposes of section riod that ended before the calendar quarter participate in the drug discount program 164.512(a) of title 45, Code of Federal Regula- involved, had a disproportionate share ad- under this section; and tions. justment percentage (as determined using ‘‘(C) that is not purchased by the covered ‘‘(D) ADDITIONAL SANCTION FOR NONCOMPLI- the methodology under section 1886(d)(5)(F) entity through or under contract with a ANCE.—If the Secretary finds, after notice of the Social Security Act as in effect on the group purchasing organization. and hearing, that a covered entity is in vio- date of enactment of this section) greater ‘‘(3) HEALTH PLAN COVERAGE.—The term lation of a requirement described in subpara- than 20.20 percent or was described in section ‘health plan coverage’ means—

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.054 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5352 CONGRESSIONAL RECORD — SENATE June 23, 2010 ‘‘(A) health insurance coverage (as defined for the relevant quarter for the drugs in- ‘‘(I) the violation by a covered entity of a in section 2791, and including coverage under volved. requirement of this section was repeated and a State health benefits risk pool); ‘‘(v) Selective auditing of manufacturers knowing; and ‘‘(B) coverage under a group health plan and wholesalers to ensure the integrity of ‘‘(II) imposition of a monetary penalty (as defined in such section, and including the drug discount program under this sec- would be insufficient to reasonably ensure coverage under a church plan, a govern- tion. compliance with the requirements of this mental plan, or a collectively bargained ‘‘(vi) The establishment of a requirement section. plan); that manufacturers and wholesalers use the ‘‘(vii) The referral of matters, as appro- ‘‘(C) coverage under a Federal health care identification system developed by the Sec- priate, to the Food and Drug Administra- program (as defined by section 1128B(f) of the retary for purposes of facilitating the order- tion, the Office of the Inspector General of Social Security Act); or ing, purchasing, and delivery of covered in- the Department of Health and Human Serv- ‘‘(D) such other health benefits coverage as patient drugs under this section, including ices, or other Federal or State agencies. the Secretary recognizes for purposes of this ‘‘(3) ADMINISTRATIVE DISPUTE RESOLUTION the processing of chargebacks for such drugs. section. PROCESS.—From amounts appropriated under ‘‘(vii) The imposition of sanctions in the ‘‘(4) MANUFACTURER.—The term ‘manufac- subsection (f), the Secretary may establish form of civil monetary penalties, which— turer’ has the meaning given such term in and implement an administrative process for section 1927(k) of the Social Security Act. ‘‘(I) shall be assessed according to stand- the resolution of the following: ‘‘(d) PROGRAM INTEGRITY.— ards and procedures established in regula- ‘‘(A) Claims by covered entities that manu- ‘‘(1) MANUFACTURER COMPLIANCE.— tions to be promulgated by the Secretary not facturers have violated the terms of their ‘‘(A) IN GENERAL.—From amounts appro- later than January 1, 2011; agreement with the Secretary under sub- priated under subsection (f), the Secretary ‘‘(II) shall not exceed $10,000 per single dos- section (a)(1). shall provide for improvements in compli- age form of a covered inpatient drug pur- ‘‘(B) Claims by manufacturers that covered ance by manufacturers with the require- chased by a covered entity where a manufac- entities have violated subsection (a)(4)(A) or ments of this section in order to prevent turer knowingly charges such covered entity (a)(4)(B). overcharges and other violations of the dis- a price for such drug that exceeds the ceiling ‘‘(e) AUDIT AND SANCTIONS.— counted pricing requirements specified in price under subsection (a)(1); and ‘‘(1) AUDIT.—From amounts appropriated this section. ‘‘(III) shall not exceed $100,000 for each in- under subsection (f), the Inspector General of ‘‘(B) IMPROVEMENTS.—The improvements stance where a manufacturer withholds or the Department of Health and Human Serv- described in subparagraph (A) shall include provides materially false information to the ices (referred to in this subsection as the ‘In- the following: Secretary or to covered entities under this spector General’) shall audit covered entities ‘‘(i) The establishment of a process to en- section or knowingly violates any provision under this section to verify compliance with able the Secretary to verify the accuracy of of this section (other than subsection (a)(1)). criteria for eligibility and participation ceiling prices calculated by manufacturers ‘‘(2) COVERED ENTITY COMPLIANCE.— under this section, including the under subsection (a)(1) and charged to cov- ‘‘(A) IN GENERAL.—From amounts appro- antidiversion prohibitions under subsection ered entities, which shall include the fol- priated under subsection (f), the Secretary (a)(4)(B), and take enforcement action or lowing: shall provide for improvements in compli- provide information to the Secretary who ‘‘(I) Developing and publishing through an ance by covered entities with the require- shall take action to ensure program compli- appropriate policy or regulatory issuance, ments of this section in order to prevent di- ance, as appropriate. A covered entity shall precisely defined standards and methodology version and violations of the duplicate dis- provide to the Inspector General, upon re- for the calculation of ceiling prices under count provision and other requirements spec- quest, records relevant to such audits. such subsection. ified under subsection (a)(4). ‘‘(2) REPORT.—For each audit conducted ‘‘(II) Comparing regularly the ceiling ‘‘(B) IMPROVEMENTS.—The improvements under paragraph (1), the Inspector General prices calculated by the Secretary with the described in subparagraph (A) shall include shall prepare and publish in a timely manner quarterly pricing data that is reported by the following: a report which shall include findings and rec- manufacturers to the Secretary. ‘‘(i) The development of procedures to en- ommendations regarding— ‘‘(III) Conducting periodic monitoring of able and require covered entities to update ‘‘(A) the appropriateness of covered entity sales transactions by covered entities. at least annually the information on the eligibility determinations and, as applicable, ‘‘(IV) Inquiring into any discrepancies be- Internet website supported by the Depart- certifications; tween ceiling prices and manufacturer pric- ‘‘(B) the effectiveness of antidiversion pro- ment of Health and Human Services relating ing data that may be identified and taking, hibitions; and to this section. or requiring manufacturers to take, correc- ‘‘(C) the effectiveness of restrictions on in- ‘‘(ii) The development of procedures for the tive action in response to such discrepancies, patient dispensing and administration. Secretary to verify the accuracy of informa- including the issuance of refunds pursuant to ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— the procedures set forth in clause (ii). tion regarding covered entities that is listed There are authorized to be appropriated to ‘‘(ii) The establishment of procedures for on the website described in clause (i). carry out this section such sums as may be manufacturers to issue refunds to covered ‘‘(iii) The development of more detailed necessary for fiscal year 2011 and each suc- entities in the event that there is an over- guidance describing methodologies and op- ceeding fiscal year.’’. charge by the manufacturers, including the tions available to covered entities for billing (b) RULEMAKING.—Not later than January following: covered inpatient drugs to State Medicaid 1, 2011, the Secretary shall promulgate regu- ‘‘(I) Providing the Secretary with an expla- agencies in a manner that avoids duplicate lations implementing section 340B–1 of the nation of why and how the overcharge oc- discounts pursuant to subsection (a)(4)(A). Public Health Service Act (as added by sub- curred, how the refunds will be calculated, ‘‘(iv) The establishment of a single, uni- section (a)). and to whom the refunds will be issued. versal, and standardized identification sys- (c) CONFORMING AMENDMENT TO SECTION 340B.—Paragraph (1) of section 340B(a) of the ‘‘(II) Oversight by the Secretary to ensure tem by which each covered entity site and Public Health Service Act (42 U.S.C. 256b(a)) that the refunds are issued accurately and each covered entity’s purchasing status is amended by adding at the end the fol- within a reasonable period of time. under sections 340B and this section can be lowing: ‘‘Such agreement shall further re- ‘‘(iii) The provision of access through the identified by manufacturers, distributors, quire that, if the supply of a covered out- Internet website supported by the Depart- covered entities, and the Secretary for pur- poses of facilitating the ordering, pur- patient drug is insufficient to meet demand, ment of Health and Human Services to the then the manufacturer may use an alloca- applicable ceiling prices for covered inpa- chasing, and delivery of covered inpatient drugs under this section, including the proc- tion method that is reported in writing to, tient drugs as calculated and verified by the and approved by, the Secretary and does not essing of chargebacks for such drugs. Secretary in accordance with this section, in discriminate on the basis of the price paid by ‘‘(v) The imposition of sanctions in the a manner (such as through the use of pass- covered entities or on any other basis related form of civil monetary penalties, which— word protection) that limits such access to to the participation of an entity in the pro- covered entities and adequately assures secu- ‘‘(I) shall be assessed according to stand- gram under this section. The agreement with rity and protection of privileged pricing data ards and procedures established in regula- a manufacturer under this paragraph may, from unauthorized re-disclosure. tions promulgated by the Secretary; and at the discretion of the Secretary, be in- ‘‘(iv) The development of a mechanism by ‘‘(II) shall not exceed $10,000 for each in- cluded in the agreement with the same man- which— stance where a covered entity knowingly ufacturer under section 340B–1.’’. ‘‘(I) rebates, discounts, or other price con- violates subsection (a)(4)(B) or knowingly (d) CONFORMING AMENDMENTS TO MED- cessions provided by manufacturers to other violates any other provision of this section. ICAID.—Section 1927 of the Social Security purchasers subsequent to the sale of covered ‘‘(vi) The termination of a covered entity’s Act (42 U.S.C. 1396r–8) is amended— inpatient drugs to covered entities are re- participation in the program under this sec- (1) in subsection (a)— ported to the Secretary; and tion, for a period of time to be determined by (A) in paragraph (1), in the first sentence, ‘‘(II) appropriate credits and refunds are the Secretary, in cases in which the Sec- by striking ‘‘and paragraph (6)’’ and insert- issued to covered entities if such discounts, retary determines, in accordance with stand- ing ‘‘, paragraph (6), and paragraph (8)’’; and rebates, or other price concessions have the ards and procedures established by regula- (B) by adding at the end the following new effect of lowering the applicable ceiling price tion, that— paragraph:

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‘‘(8) LIMITATION ON PRICES OF DRUGS PUR- ‘‘(iii) the taxable year to which the delin- tions made after the date of the enactment CHASED BY 340B–1-COVERED ENTITIES.— quent tax debt pertains. of this Act.’’. ‘‘(A) AGREEMENT WITH SECRETARY.—A man- ‘‘(B) RESTRICTION ON DISCLOSURE.—Return SEC. 521. PHYSICIAN PAYMENT UPDATE. ufacturer meets the requirements of this information disclosed under subparagraph Section 1848(d) of the Social Security Act paragraph if the manufacturer has entered (A) may be used by officers and employees of (42 U.S.C. 1395w–4(d)) is amended— into an agreement with the Secretary that the Department of Health and Human Serv- (1) in paragraph (10), in the heading, by meets the requirements of section 340B–1 of ices for the purposes of, and to the extent striking ‘‘PORTION’’ and inserting ‘‘JANUARY the Public Health Service Act with respect necessary in, establishing the taxpayer’s eli- THROUGH MAY ’’; and to covered inpatient drugs (as defined in gibility for enrollment or reenrollment in (2) by adding at the end the following new such section) purchased by a 340B–1-covered the Medicare program, or in any administra- paragraph: entity on or after January 1, 2011. tive or judicial proceeding relating to, or ‘‘(11) UPDATE FOR JUNE THROUGH NOVEMBER ‘‘(B) 340B–1-COVERED ENTITY DEFINED.—In arising from, a denial of such enrollment or OF 2010.— this subsection, the term ‘340B–1-covered en- reenrollment, or in determining the level of ‘‘(A) IN GENERAL.—Subject to paragraphs tity’ means an entity described in section enhanced oversight to be applied with re- (7)(B), (8)(B), (9)(B), and (10)(B), in lieu of the 340B–1(b) of the Public Health Service Act.’’; spect to such taxpayer pursuant to section update to the single conversion factor estab- and 1866(j)(3) of the Social Security Act. lished in paragraph (1)(C) that would other- (2) in subsection (c)(1)(C)(i)(I)— ‘‘(C) DELINQUENT TAX DEBT.—For purposes wise apply for 2010 for the period beginning (A) by striking ‘‘or’’ before ‘‘a covered en- of this paragraph, the term ‘delinquent tax on June 1, 2010, and ending on November 30, tity’’; and debt’ means an outstanding debt under this 2010, the update to the single conversion fac- (B) by inserting before the semicolon the title for which a notice of lien has been filed tor shall be 2.2 percent. following: ‘‘, or a covered entity for a cov- pursuant to section 6323, but the term does ‘‘(B) NO EFFECT ON COMPUTATION OF CON- ered inpatient drug (as such terms are de- not include a debt that is being paid in a VERSION FACTOR FOR REMAINING PORTION OF fined in section 340B–1 of the Public Health timely manner pursuant to an agreement 2010 AND SUBSEQUENT YEARS.—The conversion Service Act)’’. under section 6159 or 7122, or a debt with re- factor under this subsection shall be com- SEC. 517. CONTINUED INCLUSION OF ORPHAN spect to which a collection due process hear- puted under paragraph (1)(A) for the period DRUGS IN DEFINITION OF COVERED ing under section 6330 is requested, pending, beginning on December 1, 2010, and ending on OUTPATIENT DRUGS WITH RESPECT or completed and no payment is required.’’. December 31, 2010, and for 2011 and subse- TO CHILDREN’S HOSPITALS UNDER (2) CONFORMING AMENDMENTS.—Section quent years as if subparagraph (A) had never THE 340B DRUG DISCOUNT PRO- 6103(p)(4) of such Code, as amended by sec- GRAM. applied.’’. tions 1414 and 3308 of Public Law 111–148, in (a) DEFINITION OF COVERED OUTPATIENT SEC. 522. ADJUSTMENT TO MEDICARE PAYMENT the matter preceding subparagraph (A) and DRUG.— LOCALITIES. in subparagraph (F)(ii), is amended by strik- (1) AMENDMENT.—Subsection (e) of section (a) IN GENERAL.—Section 1848(e) of the So- ing ‘‘or (17)’’ and inserting ‘‘(17), or (22)’’ 340B of the Public Health Service Act (42 cial Security Act (42 U.S.C.1395w–4(e)) is each place it appears. U.S.C. 256b) is amended by striking ‘‘covered amended by adding at the end the following (b) SECRETARY’S AUTHORITY TO USE INFOR- entities described in subparagraph (M)’’and new paragraph: MATION FROM THE DEPARTMENT OF TREASURY inserting ‘‘covered entities described in sub- ‘‘(6) TRANSITION TO USE OF MSAS AS FEE IN MEDICARE ENROLLMENTS AND REENROLL- SCHEDULE AREAS IN CALIFORNIA.— paragraph (M) (other than a children’s hos- MENTS.—Section 1866(j)(2) of the Social Secu- ‘‘(A) IN GENERAL.— pital described in subparagraph (M))’’. rity Act (42 U.S.C. 1395cc(j)), as inserted by (2) EFFECTIVE DATE.—The amendment ‘‘(i) REVISION.—Subject to clause (ii) and section 6401(a) of Public Law 111–148, is fur- notwithstanding the previous provisions of made by paragraph (1) shall take effect as if ther amended— this subsection, for services furnished on or included in the enactment of section 2302 of (1) by redesignating subparagraph (E) as after January 1, 2012, the Secretary shall re- the Health Care and Education Reconcili- subparagraph (F); and vise the fee schedule areas used for payment ation Act of 2010 (Public Law 111–152). (2) by inserting after subparagraph (D) the under this section applicable to the State of (b) TECHNICAL AMENDMENT.—Subparagraph following new subparagraph: (B) of section 1927(a)(5) of the Social Secu- California using the Metropolitan Statistical ‘‘(E) USE OF INFORMATION FROM THE DE- rity Act (42 U.S.C. 1396r–8(a)(5)) is amended Area (MSA) iterative Geographic Adjust- PARTMENT OF TREASURY CONCERNING TAX by striking ‘‘and a children’s hospital’’ and ment Factor methodology as follows: DEBTS.—In reviewing the application of a ‘‘(I) The Secretary shall configure the phy- all that follows through the end of the sub- provider of services or supplier to enroll or sician fee schedule areas using the Metro- paragraph and inserting a period. reenroll under the program under this title, politan Statistical Areas (each in this para- SEC. 518. CONFORMING AMENDMENT RELATED the Secretary shall take into account the in- graph referred to as an ‘MSA’), as defined by TO WAIVER OF COINSURANCE FOR formation supplied by the Secretary of the PREVENTIVE SERVICES. the Director of the Office of Management Treasury pursuant to section 6103(l)(22) of Effective as if included in section and Budget as of the date of the enactment the Internal Revenue Code of 1986, in deter- 10501(i)(2)(A) of Public Law 111–148, section of this paragraph, as the basis for the fee mining whether to deny such application or 1833(a)(3)(A) of the Social Security Act (42 schedule areas. to apply enhanced oversight to such provider U.S.C. 1395l(a)(3)(A)) is amended by striking ‘‘(II) For purposes of this clause, the Sec- of services or supplier pursuant to paragraph ‘‘section 1861(s)(10)(A)’’ and inserting ‘‘sec- retary shall treat all areas not included in (3) if the Secretary determines such provider tion 1861(ddd)(3)’’. an MSA as a single rest-of-State MSA and of services or supplier owes such a debt.’’. any reference in this paragraph to an MSA SEC. 519. ESTABLISH A CMS–IRS DATA MATCH TO (c) AUTHORITY TO ADJUST PAYMENTS OF IDENTIFY FRAUDULENT PROVIDERS. shall be deemed to include a reference to PROVIDERS OF SERVICES AND SUPPLIERS WITH (a) AUTHORITY TO DISCLOSE RETURN INFOR- such rest-of-State MSA. THE SAME TAX IDENTIFICATION NUMBER FOR MATION CONCERNING OUTSTANDING TAX DEBTS ‘‘(III) The Secretary shall list all MSAs MEDICARE OBLIGATIONS.—Section 1866(j)(6) of FOR PURPOSES OF ENHANCING MEDICARE PRO- the Social Security Act (42 U.S.C. within the State by Geographic Adjustment GRAM INTEGRITY.— 1395cc(j)(6)), as inserted by section 6401(a) of Factor described in paragraph (2) (in this (1) IN GENERAL.—Section 6103(l) of the In- Public Law 111–148 and as redesignated by paragraph referred to as a ‘GAF’) in descend- ternal Revenue Code of 1986 is amended by section 1304 of Public Law 111–152, is amend- ing order. adding at the end the following new para- ed— ‘‘(IV) In the first iteration, the Secretary graph: (1) in the paragraph heading, by striking shall compare the GAF of the highest cost ‘‘(22) DISCLOSURE OF RETURN INFORMATION ‘‘PAST-DUE’’ and inserting ‘‘MEDICARE’’; MSA in the State to the weighted-average TO DEPARTMENT OF HEALTH AND HUMAN SERV- (2) in subparagraph (A), by striking ‘‘past- GAF of all the remaining MSAs in the State. ICES FOR PURPOSES OF ENHANCING MEDICARE due obligations described in subparagraph If the ratio of the GAF of the highest cost PROGRAM INTEGRITY.— (B)(ii) of an’’ and inserting ‘‘amount de- MSA to the weighted-average of the GAF of ‘‘(A) IN GENERAL.—The Secretary shall, scribed in subparagraph (B)(ii) due from remaining lower cost MSAs is 1.05 or greater, upon written request from the Secretary of such’’; and the highest cost MSA shall be a separate fee Health and Human Services, disclose to offi- (3) in subparagraph (B)(ii), by striking ‘‘a schedule area. cers and employees of the Department of past-due obligation’’ and inserting ‘‘an ‘‘(V) In the next iteration, the Secretary Health and Human Services return informa- amount that is more than the amount re- shall compare the GAF of the MSA with the tion with respect to a taxpayer who has ap- quired to be paid’’. second-highest GAF to the weighted-average plied to enroll, or reenroll, as a provider of GAF of the all the remaining MSAs (exclud- SEC. 520. CLARIFICATION OF EFFECTIVE DATE services or supplier under the Medicare pro- OF PART B SPECIAL ENROLLMENT ing MSAs that become separate fee schedule gram under title XVIII of the Social Secu- PERIOD FOR DISABLED TRICARE areas). If the ratio of the second-highest rity Act. Such return information shall be BENEFICIARIES. MSA’s GAF to the weighted-average of the limited to— Effective as if included in the enactment of remaining lower cost MSAs is 1.05 or greater, ‘‘(i) the taxpayer identity information with Public Law 111–148, section 3110(a)(2) of such the second-highest MSA shall be a separate respect to such taxpayer; Act is amended to read as follows: fee schedule area. ‘‘(ii) the amount of the delinquent tax debt ‘‘(2) EFFECTIVE DATE.—The amendment ‘‘(VI) The iterative process shall continue owed by that taxpayer; and made by paragraph (1) shall apply to elec- until the ratio of the GAF of the MSA with

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highest remaining GAF to the weighted-av- (c) NO REOPENING OF PREVIOUSLY BUNDLED ble under a State plan under such title (in- erage of the remaining MSAs with lower CLAIMS.— cluding under any waiver under such title or GAFs is less than 1.05, and the remaining (1) IN GENERAL.—The Secretary of Health under section 1115 of such Act (42 U.S.C. group of MSAs with lower GAFs shall be and Human Services may not reopen a claim, 1315)) who would have been eligible for child treated as a single rest-of-State fee schedule adjust a claim, or make a payment pursuant health assistance or other health benefits area. to any request for payment under title XVIII under eligibility standards in effect as of De- ‘‘(VII) For purposes of the iterative process of the Social Security Act, submitted by an cember 31, 2009, of a waiver of the State child described in this clause, if two MSAs have entity (including a hospital or an entity health plan under the title XXI of such identical GAFs, they shall be combined. wholly owned or operated by the hospital) Act.’’; ‘‘(ii) TRANSITION.—For services furnished for services described in paragraph (2) for (5) in subsection (g)— on or after January 1, 2012, and before Janu- purposes of treating, as unrelated to a pa- (A) in paragraph (1), by striking ‘‘Sep- ary 1, 2017, in the State of California, after tient’s inpatient admission, services pro- tember 30, 2011’’ and inserting ‘‘March 31, calculating the work, practice expense, and vided during the 3 days (or, in the case of a 2012’’; malpractice geographic indices that would hospital that is not a subsection (d) hospital, (B) in paragraph (2), by inserting ‘‘of such otherwise be determined under clauses (i), during the 1 day) immediately preceding the Act’’ after ‘‘1923’’; and (ii), and (iii) of paragraph (1)(A) for a fee date of the patient’s inpatient admission. (C) by adding at the end the following: schedule area determined under clause (i), if (2) SERVICES DESCRIBED.—For purposes of ‘‘(3) CERTIFICATION BY CHIEF EXECUTIVE OF- the index for a county within a fee schedule paragraph (1), the services described in this FICER.—No additional Federal funds shall be area is less than the index that would other- paragraph are other services related to the paid to a State as a result of this section wise be in effect for such county, the Sec- admission (as described in section 1886(a)(4) with respect to a calendar quarter occurring retary shall instead apply the index that of the Social Security Act (42 U.S.C. during the period beginning on January 1, would otherwise be in effect for such county. 1395ww(a)(4)), as amended by subsection (a)) 2011, and ending on June 30, 2011, unless, not ‘‘(B) SUBSEQUENT REVISIONS.—After the which were previously included on a claim or later than 45 days after the date of enact- transition described in subparagraph (A)(ii), request for payment submitted under part A ment of this paragraph, the chief executive not less than every 3 years the Secretary of title XVIII of such Act for which a reopen- officer of the State certifies that the State shall review and update the fee schedule ing, adjustment, or request for payment will request and use such additional Federal areas using the methodology described in under part B of such title, was not submitted funds.’’; and subparagraph (A)(i) and any updated MSAs prior to the date of the enactment of this (6) in subsection (h)(3), by striking ‘‘De- as defined by the Director of the Office of Act. cember 31, 2010’’ and inserting ‘‘June 30, Management and Budget. The Secretary (d) IMPLEMENTATION.—Notwithstanding 2011’’. shall review and make any changes pursuant any other provision of law, the Secretary of SEC. 525. CLARIFICATION FOR AFFILIATED HOS- to such reviews concurrent with the applica- Health and Human Services may implement PITALS FOR DISTRIBUTION OF ADDI- tion of the periodic review of the adjustment the provisions of this section (and amend- TIONAL RESIDENCY POSITIONS. factors required under paragraph (1)(C) for ments made by this section) by program in- Effective as if included in the enactment of California. struction or otherwise. section 5503(a) of Public Law 111–148, section 1886(h)(8) of the Social Security Act (42 ‘‘(C) REFERENCES TO FEE SCHEDULE AREAS.— (e) RULE OF CONSTRUCTION.—Nothing in the Effective for services furnished on or after amendments made by this section shall be U.S.C. 1395ww(h)(8)), as added by such sec- tion 5503(a), is amended by adding at the end January 1, 2012, for the State of California, construed as changing the policy described the following new subparagraph: any reference in this section to a fee sched- in section 1886(a)(4) of the Social Security ‘‘(I) AFFILIATION.—The provisions of this ule area shall be deemed a reference to a fee Act (42 U.S.C. 1395ww(a)(4)), as applied by the paragraph shall be applied to hospitals which schedule area established in accordance with Secretary of Health and Human Services be- are members of the same affiliated group (as this paragraph.’’. fore the date of the enactment of this Act, defined by the Secretary under paragraph (b) CONFORMING AMENDMENT TO DEFINITION with respect to diagnostic services. OF FEE SCHEDULE AREA.—Section 1848(j)(2) of (4)(H)(ii)) and the reference resident level for SEC. 524. EXTENSION OF ARRA INCREASE IN each such hospital shall be the reference the Social Security Act (42 U.S.C. 1395w(j)(2)) FMAP. is amended by striking ‘‘The term’’ and in- resident level with respect to the cost re- Section 5001 of the American Recovery and serting ‘‘Except as provided in subsection porting period that results in the smallest Reinvestment Act of 2009 (Public Law 111–5) (e)(6)(C), the term’’. difference between the reference resident is amended— level and the otherwise applicable resident SEC. 523. CLARIFICATION OF 3-DAY PAYMENT (1) in subsection (a)(3), by striking ‘‘first WINDOW. limit.’’. calendar quarter’’ and inserting ‘‘first 3 cal- (a) IN GENERAL.—Section 1886 of the Social SEC. 526. TREATMENT OF CERTAIN DRUGS FOR endar quarters’’; Security Act (42 U.S.C. 1395ww) is amended— COMPUTATION OF MEDICAID AMP. (1) by adding at the end of subsection (a)(4) (2) in subsection (b)— Effective as if included in the enactment of the following new sentence: ‘‘In applying the (A) in paragraph (1), by striking ‘‘para- Public Law 111–148, section first sentence of this paragraph, the term graph (2)’’ and inserting ‘‘paragraphs (2) and 1927(k)(1)(B)(i)(IV) of the Social Security Act ‘other services related to the admission’ in- (3)’’; and (42 U.S.C. 1396r–8(k)(1)(B)(i)(IV)), as amended cludes all services that are not diagnostic (B) by adding at the end the following: by section 2503(a)(2)(B) of Public Law 111–148 services (other than ambulance and mainte- ‘‘(3) PHASE-DOWN OF GENERAL INCREASE.— and section 1101(c)(2) of Public Law 111–152, nance renal dialysis services) for which pay- ‘‘(A) SECOND QUARTER OF FISCAL YEAR 2011.— is amended by adding at the end the fol- ment may be made under this title that are For each State, for the second quarter of fis- lowing: ‘‘, unless the drug is an inhalation, provided by a hospital (or an entity wholly cal year 2011, the FMAP for the State shall infusion, or injectable drug that is not dis- owned or operated by the hospital) to a pa- be increased under paragraph (1) or (2) (as ap- pensed through a retail community phar- tient— plicable) by 3.2 percentage points. macy; and’’. ‘‘(A) on the date of the patient’s inpatient ‘‘(B) THIRD QUARTER OF FISCAL YEAR 2011.— TITLE VI—OTHER PROVISIONS For each State, for the third quarter of fiscal admission; or Subtitle A—General Provisions ‘‘(B) during the 3 days (or, in the case of a year 2011, the FMAP for the State shall be increased under paragraph (1) or (2) (as appli- SEC. 601. EXTENSION OF NATIONAL FLOOD IN- hospital that is not a subsection (d) hospital, SURANCE PROGRAM. during the 1 day) immediately preceding the cable) by 1.2 percentage points.’’; (3) in subsection (c)— (a) EXTENSION.—Section 129 of the Con- date of such admission unless the hospital tinuing Appropriations Resolution, 2010 (A) in paragraph (2)(B), by striking ‘‘July demonstrates (in a form and manner, and at (Public Law 111–68), as amended by section 1, 2010’’ and inserting ‘‘January 1, 2011’’; a time, specified by the Secretary) that such 7(a) of Public Law 111–157, is amended by (B) in paragraph (3)(B)(i), by striking ‘‘July services are not related (as determined by striking ‘‘by substituting’’ and all that fol- 1, 2010’’ and inserting ‘‘January 1, 2011’’ each the Secretary) to such admission.’’; and lows through the period at the end, and in- place it appears; and (2) in subsection (d)(7)— serting ‘‘by substituting December 31, 2010, (C) in paragraph (4)(C)(ii), by striking ‘‘the (A) in subparagraph (A), by striking ‘‘and’’ for the date specified in each such section.’’. 3-consecutive-month period beginning with at the end; (b) EFFECTIVE DATE.—The amendments (B) in subparagraph (B), by striking the pe- January 2010’’ and inserting ‘‘any 3-consecu- made by subsection (a) shall be considered to riod and inserting ‘‘, and’’; and tive-month period that begins after Decem- have taken effect on May 31, 2010. ber 2009 and ends before January 2011’’; (C) by adding at the end the following new SEC. 602. ALLOCATION OF GEOTHERMAL RE- subparagraph: (4) in subsection (e), by adding at the end CEIPTS. ‘‘(C) the determination of whether services the following: Notwithstanding any other provision of provided prior to a patient’s inpatient admis- ‘‘Notwithstanding paragraph (5), effective for law, for fiscal year 2010 only, all funds re- sion are related to the admission (as de- payments made on or after January 1, 2010, ceived from sales, bonuses, royalties, and scribed in subsection (a)(4)).’’. the increases in the FMAP for a State under rentals under the Geothermal Steam Act of (b) EFFECTIVE DATE.—The amendments this section shall apply to payments under 1970 (30 U.S.C. 1001 et seq.) shall be deposited made by subsection (a) shall apply to serv- title XIX of such Act that are attributable to in the Treasury, of which— ices furnished on or after the date of the en- expenditures for medical assistance provided (1) 50 percent shall be used by the Sec- actment of this Act. to nonpregnant childless adults made eligi- retary of the Treasury to make payments to

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(B) ADMINISTRATIVE COSTS.—State Sec- (2) 25 percent shall be used by the Sec- (5) QUALIFYING NATURAL DISASTER DECLARA- retary of Agriculture may not use more than retary of the Treasury to make payments to TION.—The term ‘‘qualifying natural disaster five percent of the funds provided for costs the counties within the boundaries of which declaration’’ means a natural disaster de- associated with the administration of the the leased land or geothermal resources are clared by the Secretary for production losses grants provided in paragraph (1). located; and under section 321(a) of the Consolidated (C) ADMINISTRATION OF GRANTS.—State Sec- (3) 25 percent shall be deposited in mis- Farm and Rural Development Act (7 U.S.C. retary of Agriculture may enter into a con- cellaneous receipts. 1961(a)). tract with the Department of Agriculture to SEC. 603. SMALL BUSINESS LOAN GUARANTEE (6) SECRETARY.—The term ‘‘Secretary’’ administer the grants provided in paragraph ENHANCEMENT EXTENSIONS. means the Secretary of Agriculture. (1). (a) APPROPRIATION.—There is appropriated, (7) SPECIALTY CROP.—The term ‘‘specialty (D) TIMING.—Not later than 90 days after out of any funds in the Treasury not other- crop’’ has the meaning given the term in sec- the date of enactment of this Act, the Sec- wise appropriated, for an additional amount tion 3 of the Specialty Crops Competitive- retary shall make grants to States to pro- for ‘‘Small Business Administration—Busi- ness Act of 2004 (Public Law 108–465; 7 U.S.C. vide assistance under this subsection. 1621 note). ness Loans Program Account’’, $505,000,000, (E) MAXIMUM GRANT.—The maximum to remain available through December 31, (b) SUPPLEMENTAL DIRECT PAYMENT.— amount of a grant made to a State for coun- 2010, for the cost of— (1) IN GENERAL.—Of the funds of the Com- ties described in paragraph (1)(B) may not (1) fee reductions and eliminations under modity Credit Corporation, the Secretary exceed $40,000,000. section 501 of division A of the American Re- shall use such sums as are necessary to make (4) REQUIREMENTS.—The Secretary shall covery and Reinvestment Act of 2009 (Public supplemental payments under sections 1103 make grants under this subsection only to Law 111–5; 123 Stat. 151), as amended by this and 1303 of the Food, Conservation, and En- States that demonstrate to the satisfaction section; and ergy Act of 2008 (7 U.S.C. 8713, 8753) to eligi- of the Secretary that the State will— (2) loan guarantees under section 502 of di- ble producers on farms located in disaster (A) use grant funds to issue payments to vision A of the American Recovery and Rein- counties that had at least 1 crop of economic eligible specialty crop producers; vestment Act of 2009 (Public Law 111–5; 123 significance (other than specialty crops or (B) provide assistance to eligible specialty Stat. 152), as amended by this section. crops intended for grazing) suffer at least a crop producers not later than 60 days after 5-percent crop loss on a farm due to a nat- Such costs, including the cost of modifying the date on which the State receives grant such loans, shall be as defined in section 502 ural disaster, including quality losses, as de- funds; and of the Congressional Budget Act of 1974. termined by the Secretary, in an amount (C) not later than 30 days after the date on (b) EXTENSION OF PROGRAMS.— equal to 90 percent of the direct payment the which the State provides assistance to eligi- (1) FEES.—Section 501 of division A of the eligible producers received for the 2009 crop American Recovery and Reinvestment Act of year on the farm. ble specialty crop producers, submit to the 2009 (Public Law 111–5; 123 Stat. 151) is (2) ACRE PROGRAM.—Eligible producers Secretary a report that describes— amended by striking ‘‘September 30, 2010’’ that received direct payments under section (i) the manner in which the State provided each place it appears and inserting ‘‘Decem- 1105 of the Food, Conservation, and Energy assistance; ber 31, 2010’’. Act of 2008 (7 U.S.C. 8715) for the 2009 crop (ii) the amounts of assistance provided by (2) LOAN GUARANTEES.—Section 502(f) of di- year and that otherwise meet the require- type of specialty crop; and vision A of the American Recovery and Rein- ments of paragraph (1) shall be eligible to re- (iii) the process by which the State deter- vestment Act of 2009 (Public Law 111–5; 123 ceive supplemental payments under that mined the levels of assistance to eligible spe- Stat. 153) is amended by striking ‘‘May 31, paragraph in an amount equal to 112.5 per- cialty crop producers. 2010’’ and inserting ‘‘December 31, 2010’’. cent of the reduced direct payment the eligi- (D) RELATION TO OTHER LAW.—Assistance (c) APPROPRIATION.—There is appropriated ble producers received for the 2009 crop year received under this subsection shall be in- for an additional amount, out of any funds in under section 1103 or 1303 of the Food, Con- cluded in the calculation of farm revenue for the Treasury not otherwise appropriated, for servation, and Energy Act of 2008 (7 U.S.C. the 2009 crop year under section 531(b)(4)(A) administrative expenses to carry out sec- 8713, 8753). of the Federal Crop Insurance Act (7 U.S.C. tions 501 and 502 of division A of the Amer- (3) RELATIONSHIP TO OTHER LAW.—Assist- 1531(b)(4)(A)) and section 901(b)(4)(A) of the ican Recovery and Reinvestment Act of 2009 ance received under this subsection shall be Trade Act of 1974 (19 U.S.C. 2497(b)(4)(A)). (Public Law 111–5), $5,000,000, to remain included in the calculation of farm revenue (d) COTTONSEED ASSISTANCE.— available until expended, which may be for the 2009 crop year under section (1) IN GENERAL.—Of the funds of the Com- 531(b)(4)(A) of the Federal Crop Insurance transferred and merged with the appropria- modity Credit Corporation, the Secretary tion for ‘‘Small Business Administration— Act (7 U.S.C. 1531(b)(4)(A)) and section shall use not more than $42,000,000 to provide Salaries and Expenses’’. 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. supplemental assistance to eligible pro- 2497(b)(4)(A)). SEC. 604. EMERGENCY AGRICULTURAL DISASTER ducers and first-handlers of the 2009 crop of ASSISTANCE. (c) SPECIALTY CROP ASSISTANCE.— cottonseed in a disaster county. (a) DEFINITIONS.—Except as otherwise pro- (1) IN GENERAL.—Of the funds of the Com- (2) GENERAL TERMS.—Except as otherwise vided in this section, in this section: modity Credit Corporation, the Secretary provided in this subsection, the Secretary (1) DISASTER COUNTY.— shall use not more than $300,000,000, to re- shall provide disaster assistance under this (A) IN GENERAL.—The term ‘‘disaster coun- main available until September 30, 2011, to ty’’ means a county included in the geo- carry out a program of grants to States to subsection under the same terms and condi- graphic area covered by a qualifying natural assist eligible specialty crop producers for tions as assistance provided under section disaster declaration for the 2009 crop year. losses due to a natural disaster affecting the 3015 of the Emergency Agricultural Disaster (B) EXCLUSION.—The term ‘‘disaster coun- 2009 crops, of which not more than— Assistance Act of 2006 (title III of Public Law ty’’ does not include a contiguous county. (A) $150,000,000 shall be used to assist eligi- 109–234; 120 Stat. 477). (2) ELIGIBLE AQUACULTURE PRODUCER.—The ble specialty crop producers in counties that (3) DISTRIBUTION OF ASSISTANCE.—The Sec- term ‘‘eligible aquaculture producer’’ means have been declared a disaster as the result of retary shall distribute assistance to first an aquaculture producer that during the 2009 drought; and handlers for the benefit of eligible producers calendar year, as determined by the Sec- (B) $150,000,000 shall be used to assist eligi- in a disaster county in an amount equal to retary— ble specialty crop producers in counties that the product obtained by multiplying— (A) produced an aquaculture species for have been declared a disaster as the result of (A) the payment rate, as determined under which feed costs represented a substantial excessive rainfall or a related condition. paragraph (4); and percentage of the input costs of the aqua- (2) NOTIFICATION.—Not later than 45 days (B) the county-eligible production, as de- culture operation; and after the date of enactment of this Act, the termined under paragraph (5). (B) experienced a substantial price in- Secretary shall notify the State department (4) PAYMENT RATE.—The payment rate crease of feed costs above the previous 5-year of agriculture (or similar entity) in each shall be equal to the quotient obtained by di- average. State of the availability of funds to assist el- viding— (3) ELIGIBLE PRODUCER.—The term ‘‘eligible igible specialty crop producers, including (A) the total funds made available to carry producer’’ means an agricultural producer in such terms as are determined by the Sec- out this subsection; by a disaster county. retary to be necessary for the equitable (B) the sum of the county-eligible produc- (4) ELIGIBLE SPECIALTY CROP PRODUCER.— treatment of eligible specialty crop pro- tion, as determined under paragraph (5). The term ‘‘eligible specialty crop producer’’ ducers. (5) COUNTY-ELIGIBLE PRODUCTION.—The means an agricultural producer that, for the (3) PROVISION OF GRANTS.— county-eligible production shall be equal to 2009 crop year, as determined by the Sec- (A) IN GENERAL.—The Secretary shall make the product obtained by multiplying— retary— grants to States for disaster counties on a (A) the number of acres planted to cotton (A) produced, or was prevented from plant- pro rata basis based on the value of specialty in the disaster county, as reported to the ing, a specialty crop; and crop losses in those counties during the 2009 Secretary by first handlers;

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(B) the expected cotton lint yield for the the commodity loan program of the Farm (i) IN GENERAL.—To be eligible for an emer- disaster county, as determined by the Sec- Service Agency, for assistance to maintain gency loan under this subsection, not later retary based on the best available informa- and develop employment. than 90 days after the announcement date, a tion; and (g) LIVESTOCK FORAGE DISASTER PRO- poultry producer shall submit to the Sec- (C) the national average seed-to-lint ratio, GRAM.— retary evidence that— as determined by the Secretary based on the (1) DEFINITION OF DISASTER COUNTY.—In (I) the contract of the poultry producer de- best available information for the 5 crop this subsection: scribed in subparagraph (A) was not contin- years immediately preceding the 2009 crop, (A) IN GENERAL.—The term ‘‘disaster coun- ued; and excluding the year in which the average ty’’ means a county included in the geo- (II) no similar contract has been awarded ratio was the highest and the year in which graphic area covered by a qualifying natural subsequently to the poultry producer. the average ratio was the lowest in such pe- disaster declaration announced by the Sec- (ii) REQUIREMENT TO OFFER LOANS.—Not- riod. retary in calendar year 2009. withstanding any other provision of law, if a (e) AQUACULTURE ASSISTANCE.— (B) INCLUSION.—The term ‘‘disaster coun- poultry producer meets the eligibility re- (1) IN GENERAL.—Of the funds of the Com- ty’’ includes a contiguous county. quirements described in clause (i), subject to modity Credit Corporation, the Secretary (2) PAYMENTS.—Of the funds of the Com- the availability of funds under paragraph shall use not more than $25,000,000, to remain modity Credit Corporation, the Secretary (2)(A), the Secretary shall offer to make a available until September 30, 2011, to carry shall use not more than $50,000,000 to carry loan under this subsection to the poultry out a program of grants to States to assist out a program to make payments to eligible producer with a minimum term of 2 years. eligible aquaculture producers for losses as- producers that had grazing losses in disaster (4) ADDITIONAL REQUIREMENTS.— sociated with high feed input costs during counties in calendar year 2009. (A) IN GENERAL.—A poultry producer that the 2009 calendar year. (3) CRITERIA.— receives an emergency loan under this sub- (2) NOTIFICATION.—Not later than 45 days (A) IN GENERAL.—Except as provided in section may use the emergency loan pro- after the date of enactment of this Act, the subparagraph (B), assistance under this sub- ceeds only to repay the amount that the Secretary shall notify the State department section shall be determined under the same poultry producer owes to any lender for the of agriculture (or similar entity) in each criteria as are used to carry out the pro- purchase, improvement, or operation of the grams under section 531(d) of the Federal State of the availability of funds to assist el- poultry farm. igible aquaculture producers, including such Crop Insurance Act (7 U.S.C. 1531(d)) and sec- (B) CONVERSION OF THE LOAN.—A poultry tion 901(d) of the Trade Act of 1974 (19 U.S.C. terms as are determined by the Secretary to producer that receives an emergency loan 2497(d)). be necessary for the equitable treatment of under this subsection shall be eligible to eligible aquaculture producers. (B) DROUGHT INTENSITY.—For purposes of have the balance of the emergency loan con- (3) PROVISION OF GRANTS.— this subsection, an eligible producer shall verted, but not refinanced, to a loan that has (A) IN GENERAL.—The Secretary shall make not be required to meet the drought inten- the same terms and conditions as an oper- grants to States under this subsection on a sity requirements of section 531(d)(3)(D)(ii) of ating loan under subtitle B of the Consoli- pro rata basis based on the amount of aqua- the Federal Crop Insurance Act (7 U.S.C. dated Farm and Rural Development Act (7 culture feed used in each State during the 1531(d)(3)(D)(ii)) and section 901(d)(3)(D)(ii) of U.S.C. 1941 et seq.). 2009 calendar year, as determined by the Sec- the Trade Act of 1974 (19 U.S.C. retary. 2497(d)(3)(D)(ii)). (i) STATE AND LOCAL GOVERNMENTS.—Sec- tion 1001 of the Food Security Act of 1985 (7 (B) TIMING.—Not later than 90 days after (4) AMOUNT.—Assistance under this sub- the date of enactment of this Act, the Sec- section shall be in an amount equal to 1 U.S.C. 1308) is amended— retary shall make grants to States to pro- monthly payment using the monthly pay- (1) in subsection (f)(6)— vide assistance under this subsection. ment rate under section 531(d)(3)(B) of the (A) in subparagraph (A), by inserting ‘‘and subparagraph (C)’’ after ‘‘subsection (d)’’; (4) REQUIREMENTS.—The Secretary shall Federal Crop Insurance Act (7 U.S.C. make grants under this subsection only to 1531(d)(3)(B)) and section 901(d)(3)(B) of the and States that demonstrate to the satisfaction Trade Act of 1974 (19 U.S.C. 2497(d)(3)(B)). (B) by adding at the end the following: of the Secretary that the State will— (5) RELATION TO OTHER LAW.—An eligible ‘‘(C) CONSERVATION RESERVE PROGRAM.— (A) use grant funds to assist eligible aqua- producer that receives assistance under this Subparagraph (A) shall not apply to pay- culture producers; subsection shall be ineligible to receive as- ments under the conservation reserve pro- (B) provide assistance to eligible aqua- sistance for 2009 grazing losses under the pro- gram established under subchapter B of culture producers not later than 60 days gram carried out under section 531(d) of the chapter 1 of subtitle D of title XII if— after the date on which the State receives Federal Crop Insurance Act (7 U.S.C. 1531(d)) ‘‘(i) except as otherwise provided in this grant funds; and and section 901(d) of the Trade Act of 1974 (19 paragraph or section 1234(f)(4), the payments (C) not later than 30 days after the date on U.S.C. 2497(d)). are generally subject to the same limits ap- which the State provides assistance to eligi- (h) EMERGENCY LOANS FOR POULTRY PRO- plicable to other payees; ble aquaculture producers, submit to the DUCERS.— ‘‘(ii) the payments, and any payments Secretary a report that describes— (1) DEFINITIONS.—In this subsection: made under other programs to a State under (i) the manner in which the State provided (A) ANNOUNCEMENT DATE.—The term ‘‘an- subsection (g), are not subject to limits on assistance; nouncement date’’ means the date on which adjusted gross income under section 1001D; (ii) the amounts of assistance provided per the Secretary announces the emergency loan ‘‘(iii) the Secretary establishes an exemp- species of aquaculture; and program under this subsection. tion to the limitation on the payments that (iii) the process by which the State deter- (B) POULTRY INTEGRATOR.—The term ‘‘poul- is similar to the public school land exception mined the levels of assistance to eligible try integrator’’ means a poultry integrator under subsection (g) except that under this aquaculture producers. that filed proceedings under chapter 11 of subparagraph, all States may receive the un- limited school land exemption as applicable (5) REDUCTION IN PAYMENTS.—An eligible title 11, United States Code, in United States aquaculture producer that receives assist- Bankruptcy Court during the 30-day period without regard to the size of the population ance under this subsection shall not be eligi- beginning on December 1, 2008. of the State; and ble to receive any other assistance under the (2) LOAN PROGRAM.— ‘‘(iv) for purposes of the payments, a State supplemental agricultural disaster assist- (A) IN GENERAL.—Of the funds of the Com- and any political subdivisions and agencies ance program established under section 531 modity Credit Corporation, the Secretary of the State shall be treated as 1 entity.’’; of the Federal Crop Insurance Act (7 U.S.C. shall use not more than $75,000,000, to remain and 1531) and section 901 of the Trade Act of 1974 available until expended, for the cost of (2) in subsection (g), by adding at the end (19 U.S.C. 2497) for any losses in 2009 relating making no-interest emergency loans avail- the following: to the same species of aquaculture. able to poultry producers that meet the re- ‘‘(3) EXCEPTION FOR ADJUSTED GROSS INCOME LIMITATION.—The limitations described in (6) REPORT TO CONGRESS.—Not later than quirements of this subsection. 240 days after the date of enactment of this (B) TERMS AND CONDITIONS.—Except as oth- section 1001D shall not apply to this sub- Act, the Secretary shall submit to the appro- erwise provided in this subsection, emer- section.’’. priate committees of Congress a report gency loans under this subsection shall be (j) ADMINISTRATION.— that— subject to such terms and conditions as are (1) REGULATIONS.— (A) describes in detail the manner in which determined by the Secretary. (A) IN GENERAL.—As soon as practicable this subsection has been carried out; and (3) LOANS.— after the date of enactment of this Act, the (B) includes the information reported to (A) IN GENERAL.—An emergency loan made Secretary shall promulgate such regulations the Secretary under paragraph (4)(C). to a poultry producer under this subsection as are necessary to implement this section (f) HAWAII TRANSPORTATION COOPERATIVE.— shall be for the purpose of providing financ- and the amendment made by this section. Notwithstanding any other provision of law, ing to the poultry producer in response to fi- (B) PROCEDURE.—The promulgation of the the Secretary shall use $21,000,000 of funds of nancial losses associated with the termi- regulations and administration of this sec- the Commodity Credit Corporation to make nation or nonrenewal of any contract be- tion and the amendment made by this sec- a payment to an agricultural transportation tween the poultry producer and a poultry in- tion shall be made without regard to— cooperative in the State of Hawaii, the mem- tegrator. (i) the notice and comment provisions of bers of which are eligible to participate in (B) ELIGIBILITY.— section 553 of title 5, United States Code;

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(ii) the Statement of Policy of the Sec- (b) AMENDMENTS.—Section 1338 of the Fed- Class shall be treated as a class under Fed- retary of Agriculture effective July 24, 1971 eral Housing Enterprises Financial Safety eral Rule of Civil Procedure 23(b)(3) for pur- (36 Fed. Reg. 13804), relating to notices of and Soundness Act of 1992 (12 U.S.C. 4568) is poses of the Settlement. proposed rulemaking and public participa- amended— (f) TRUST LAND CONSOLIDATION.— tion in rulemaking; and (1) in subsection (c)— (1) TRUST LAND CONSOLIDATION FUND.— (iii) chapter 35 of title 44, United States (A) in paragraph (4)(A) by inserting after (A) ESTABLISHMENT.—On final approval (as Code (commonly known as the ‘‘Paperwork the period at the end the following: ‘‘Not- defined in the Settlement) of the Settle- Reduction Act’’). withstanding any other provision of law, for ment, there shall be established in the Treas- (C) CONGRESSIONAL REVIEW OF AGENCY the fiscal year following enactment of this ury of the United States a fund, to be known RULEMAKING.—In carrying out this para- sentence and thereafter, the Secretary may as the ‘‘Trust Land Consolidation Fund’’. graph, the Secretary shall use the authority make such notice available only on the (B) AVAILABILITY OF AMOUNTS.—Amounts provided under section 808 of title 5, United Internet at the appropriate government in the Trust Land Consolidation Fund shall States Code. website or websites or through other elec- be made available to the Secretary during (2) ADMINISTRATIVE COSTS.—Of the funds of tronic media, as determined by the Sec- the 10-year period beginning on the date of the Commodity Credit Corporation, the Sec- retary.’’; final approval of the Settlement— retary may use up to $10,000,000 to pay ad- (B) in paragraph (5)(C), by striking ‘‘(8)’’ (i) to conduct the Land Consolidation Pro- ministrative costs incurred by the Secretary and inserting ‘‘(9)’’; and gram; and that are directly related to carrying out this (C) in paragraph (7)(A)— (ii) for other costs specified in the Settle- Act. (i) by striking ‘‘section 1335(a)(2)(B)’’ and ment. (3) PROHIBITION.—None of the funds of the inserting ‘‘section 1335(a)(1)(B)’’; and (C) DEPOSITS.— Agricultural Disaster Relief Trust Fund es- (ii) by inserting ‘‘the units funded under’’ (i) IN GENERAL.—On final approval (as de- tablished under section 902 of the Trade Act after ‘‘75 percent of’’; and fined in the Settlement) of the Settlement, of 1974 (19 U.S.C. 2497a) may be used to carry (2) by adding at the end the following new the Secretary of the Treasury shall deposit out this Act. subsection: in the Trust Land Consolidation Fund SEC. 605. SUMMER EMPLOYMENT FOR YOUTH. ‘‘(k) ENVIRONMENTAL REVIEW.—For the pur- $2,000,000,000 of the amounts appropriated by There is appropriated, out of any funds in pose of environmental compliance review, section 1304 of title 31, United States Code. the Treasury not otherwise appropriated, for funds awarded under this section shall be (ii) CONDITIONS MET.—The conditions de- an additional amount for ‘‘Department of subject to section 288 of the HOME Invest- scribed in section 1304 of title 31, United Labor—Employment and Training Adminis- ment Partnerships Act (12 U.S.C. 12838) and States Code, shall be considered to be met tration—Training and Employment Serv- shall be treated as funds under the program for purposes of clause (i). ices’’ for activities under the Workforce In- established by such Act.’’. (D) TRANSFERS.—In a manner designed to vestment Act of 1998 (‘‘WIA’’), $1,000,000,000 SEC. 607. THE INDIVIDUAL INDIAN MONEY AC- encourage participation in the Land Consoli- shall be available for obligation on the date COUNT LITIGATION SETTLEMENT dation Program, the Secretary may transfer, of enactment of this Act for grants to States ACT OF 2010. at the discretion of the Secretary, not more (a) SHORT TITLE.—This section may be for youth activities, including summer em- than $60,000,000 of amounts in the Trust Land cited as the ‘‘Individual Indian Money Ac- ployment for youth: Provided, That no por- Consolidation Fund to the Indian Education count Litigation Settlement Act of 2010’’. tion of such funds shall be reserved to carry Scholarship Holding Fund established under (b) DEFINITIONS.—In this section: out section 127(b)(1)(A) of the WIA: Provided paragraph 2. (1) AMENDED COMPLAINT.—The term further, That for purposes of section ‘‘Amended Complaint’’ means the Amended (2) INDIAN EDUCATION SCHOLARSHIP HOLDING 127(b)(1)(C)(iv) of the WIA, funds available Complaint attached to the Settlement. FUND.— for youth activities shall be allotted as if the (A) ESTABLISHMENT.—On the final approval (2) LAND CONSOLIDATION PROGRAM.—The total amount available for youth activities term ‘‘Land Consolidation Program’’ means (as defined in the Settlement) of the Settle- in the fiscal year does not exceed a program conducted in accordance with the ment, there shall be established in the Treas- $1,000,000,000: Provided further, That with re- Settlement and the Indian Land Consolida- ury of the United States a fund, to be known spect to the youth activities provided with tion Act (25 U.S.C. 2201 et seq.) under which as the ‘‘Indian Education Scholarship Hold- such funds, section 101(13)(A) of the WIA the Secretary may purchase fractional inter- ing Fund’’. shall be applied by substituting ‘‘age 24’’ for ests in trust or restricted land. (B) AVAILABILITY.—Notwithstanding any ‘‘age 21’’: Provided further, That the work other provision of law governing competi- (3) LITIGATION.—The term ‘‘Litigation’’ readiness performance indicator described in means the case entitled Elouise Cobell et al. tion, public notification, or Federal procure- section 136(b)(2)(A)(ii)(I) of the WIA shall be v. Ken Salazar et al., United States District ment or assistance, amounts in the Indian the only measure of performance used to as- Court, District of Columbia, Civil Action No. Education Scholarship Holding Fund shall be sess the effectiveness of summer employ- 96–1285 (JR). made available, without further appropria- ment for youth provided with such funds: tion, to the Secretary to contribute to an In- (4) PLAINTIFF.—The term ‘‘Plaintiff’’ Provided further, That an amount that is not means a member of any class certified in the dian Education Scholarship Fund, as de- more than 1 percent of such amount may be Litigation. scribed in the Settlement, to provide schol- used for the administration, management, arships for Native Americans. (5) SECRETARY.—The term ‘‘Secretary’’ and oversight of the programs, activities, means the Secretary of the Interior. (3) ACQUISITION OF TRUST OR RESTRICTED and grants carried out with such funds, in- LAND.—The Secretary may acquire, at the (6) SETTLEMENT.—The term ‘‘Settlement’’ cluding the evaluation of the use of such means the Class Action Settlement Agree- discretion of the Secretary and in accord- funds: Provided further, That funds available ment dated December 7, 2009, in the Litiga- ance with the Land Consolidation Program, under the preceding proviso, together with tion, as modified by the parties to the Liti- any fractional interest in trust or restricted funds described in section 801(a) of division A gation. land. of the American Recovery and reinvestment (4) TREATMENT OF UNLOCATABLE PLAIN- (7) TRUST ADMINISTRATION CLASS.—The Act of 2009 (Public Law 111–5), and funds pro- term ‘‘Trust Administration Class’’ means TIFFS.—A Plaintiff the whereabouts of whom vided in such Act under the heading ‘‘De- the Trust Administration Class as defined in are unknown and who, after reasonable ef- partment of Labor–Departmental Manage- the Settlement. forts by the Secretary, cannot be located ment–Salaries and Expenses’’, shall remain (c) PURPOSE.—The purpose of this section during the 5 year period beginning on the available for obligation through September is to authorize the Settlement. date of final approval (as defined in the Set- 30, 2011. (d) AUTHORIZATION.—The Settlement is au- tlement) of the Settlement shall be consid- SEC. 606. HOUSING TRUST FUND. thorized, ratified, and confirmed. ered to have accepted an offer made pursuant (a) FUNDING.—There is hereby appropriated (e) JURISDICTIONAL PROVISIONS.— to the Land Consolidation Program. for the Housing Trust Fund established pur- (1) IN GENERAL.—Notwithstanding the limi- (g) TAXATION AND OTHER BENEFITS.— suant to section 1338 of the Federal Housing tation of jurisdiction of district courts con- (1) INTERNAL REVENUE CODE.—For purposes Enterprises Financial Safety and Soundness tained in section 1346(a)(2) of title 28, United of the Internal Revenue Code of 1986, Act of 1992 (12 U.S.C. 4568), $1,065,000,000, for States Code, the United States District amounts received by an individual Indian as use under such section: Provided, That of the Court for the District of Columbia shall have a lump sum or a periodic payment pursuant total amount provided under this heading, jurisdiction over the claims asserted in the to the Settlement— $65,000,000 shall be available to the Secretary Amended Complaint for purposes of the Set- (A) shall not be included in gross income; of Housing and Urban Development only for tlement. and incremental project-based voucher assist- (2) CERTIFICATION OF TRUST ADMINISTRATION (B) shall not be taken into consideration ance to be allocated to States to be used CLASS.— for purposes of applying any provision of the solely in conjunction with grant funds (A) IN GENERAL.—Notwithstanding the re- Internal Revenue Code of 1986 that takes awarded under such section 1338, pursuant to quirements of the Federal Rules of Civil Pro- into account excludable income in com- the formula established under section 1338 cedure, the court overseeing the Litigation puting adjusted gross income or modified ad- and taking into account different per unit may certify the Trust Administration Class. justed gross income, including section 86 of subsidy needs among states, as determined (B) TREATMENT.—On certification under that Code (relating to Social Security and by the Secretary. subparagraph (A), the Trust Administration tier 1 railroad retirement benefits).

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(2) OTHER BENEFITS.—Notwithstanding any (1) in subsection (c)(1)— under any other provision of this title, shall other provision of law, for purposes of deter- (A) by striking ‘‘subsection (h)’’ and insert- qualify in accordance with subparagraphs (B) mining initial eligibility, ongoing eligibility, ing ‘‘subsection (g)’’; and and (C). or level of benefits under any Federal or fed- (B) by striking ‘‘subsection (i)’’ and insert- ‘‘(B) INCLUSION OF MEMBERS NOT OTHERWISE erally assisted program, amounts received by ing ‘‘subsection (h)’’; ENTITLED TO RETIRED PAY.—In the case of a an individual Indian as a lump sum or a peri- (2) by striking subsection (e); member or former member receiving retired odic payment pursuant to the Settlement (3) in subsection (g), by striking ‘‘sub- pay under chapter 61 of this title, but who is shall not be treated for any household mem- section (f)’’ and inserting ‘‘subsection (e)’’; not otherwise entitled to retired pay under ber, during the 1-year period beginning on (4) in subsection (i)— any other provision of this title, the term the date of receipt— (A) by striking ‘‘(1) IN GENERAL.—Of the ‘qualifying service-connected disability’ (A) as income for the month during which funds’’ and inserting ‘‘Of the funds’’; and means a service-connected disability or com- the amounts were received; or (B) by striking paragraph (2); bination of service-connected disabilities (B) as a resource. (5) by striking subsection (j); and that is rated by the Secretary of Veterans SEC. 608. APPROPRIATION OF FUNDS FOR FINAL (6) by redesignating subsections (f), (g), (h), Affairs at the disabling level specified in one SETTLEMENT OF CLAIMS FROM IN (i), and (k) as subsections (e), (f), (g), (h), and of the following clauses (which, subject to RE BLACK FARMERS DISCRIMINA- (i), respectively. paragraph (3), is effective on or after the TION LITIGATION. SEC. 609. EXPANSION OF ELIGIBILITY FOR CON- date specified in the applicable clause): (a) DEFINITIONS.—In this section: CURRENT RECEIPT OF MILITARY RE- ‘‘(i) January 1, 2011, rated 100 percent, or a (1) SETTLEMENT AGREEMENT.—The term TIRED PAY AND VETERANS’ DIS- rate payable at 100 percent by reason of indi- ‘‘Settlement Agreement’’ means the settle- ABILITY COMPENSATION TO IN- vidual unemployability or rated 90 percent. ment agreement dated February 18, 2010 (in- CLUDE ALL CHAPTER 61 DISABILITY ‘‘(ii) January 1, 2012, rated 80 percent or 70 cluding any modifications agreed to by the RETIREES REGARDLESS OF DIS- percent. parties and approved by the court under that ABILITY RATING PERCENTAGE OR ‘‘(iii) January 1, 2013, rated 60 percent or 50 agreement) between certain plaintiffs, by YEARS OF SERVICE. percent. (a) PHASED EXPANSION CONCURRENT RE- and through their counsel, and the Secretary ‘‘(C) ELIMINATION OF RATING THRESHOLD.— of Agriculture to resolve, fully and forever, CEIPT.—Subsection (a) of section 1414 of title In the case of a member or former member the claims raised or that could have been 10, United States Code, is amended to read as receiving retired pay under chapter 61 re- raised in the cases consolidated in In re Black follows: gardless of being otherwise eligible for re- ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND Farmers Discrimination Litigation, No. 08–511 tirement, the term ‘qualifying service-con- DISABILITY COMPENSATION.— (D.D.C.), including Pigford claims asserted nected disability’ means a service-connected ‘‘(1) PAYMENT OF BOTH REQUIRED.— under section 14012 of the Food, Conserva- disability or combination of service-con- ‘‘(A) IN GENERAL.—Subject to subsection tion, and Energy Act of 2008 (Public Law 110– nected disabilities that is rated by the Sec- (b), a member or former member of the uni- 246; 122 Stat. 2209). retary of Veterans Affairs at the disabling formed services who is entitled for any (2) PIGFORD CLAIM.—The term ‘‘Pigford level specified in one of the following clauses claim’’ has the meaning given that term in month to retired pay and who is also entitled (which, subject to paragraph (3), is effective section 14012(a)(3) of the Food, Conservation, for that month to veterans’ disability com- on or after the date specified in the applica- and Energy Act of 2008 (Public Law 110–246; pensation for a qualifying service-connected ble clause): 122 Stat. 2210). disability (in this section referred to as a ‘‘(i) January 1, 2014, rated 40 percent or 30 (b) APPROPRIATION OF FUNDS.—There is ‘qualified retiree’) is entitled to be paid both percent. hereby appropriated to the Secretary of Ag- for that month without regard to sections ‘‘(ii) January 1, 2015, any rating. riculture $1,150,000,000, to remain available 5304 and 5305 of title 38. ‘‘(3) LIMITED DURATION.—Notwithstanding until expended, to carry out the terms of the ‘‘(B) APPLICABILITY OF FULL CONCURRENT the effective date specified in each clause of Settlement Agreement if the Settlement RECEIPT PHASE-IN REQUIREMENT.—During the subparagraphs (B) and (C) of paragraph (2), Agreement is approved by a court order that period beginning on January 1, 2004, and end- the clause— is or becomes final and nonappealable. The ing on December 31, 2013, payment of retired ‘‘(A) shall apply only if the termination funds appropriated by this subsection are in pay to a qualified retiree is subject to sub- date specified in paragraph (1)(D) would addition to the $100,000,000 of funds of the section (c). occur during or after the calendar year speci- Commodity Credit Corporation made avail- ‘‘(C) PHASE-IN EXCEPTION FOR 100 PERCENT fied in the clause; and able by section 14012(i) of the Food, Con- DISABLED RETIREES.—The payment of retired ‘‘(B) shall not apply beyond the termi- servation, and Energy Act of 2008 (Public pay is subject to subsection (c) only during nation date specified in paragraph (1)(D).’’. Law 110–246; 122 Stat. 2212) and shall be avail- the period beginning on January 1, 2004, and (b) CONFORMING AMENDMENT TO SPECIAL able for obligation only after those Com- ending on December 31, 2004, in the case of RULES FOR CHAPTER 61 DISABILITY RETIR- modity Credit Corporation funds are fully the following qualified retirees: EES.—Subsection (b) of such section is obligated. If the Settlement Agreement is ‘‘(i) A qualified retiree receiving veterans’ amended to read as follows: not approved as provided in this subsection, disability compensation for a disability ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DIS- the $100,000,000 of funds of the Commodity rated as 100 percent. ABILITY RETIREES WHEN ELIGIBILITY HAS Credit Corporation made available by sec- ‘‘(ii) A qualified retiree receiving veterans’ BEEN ESTABLISHED FOR SUCH RETIREES.— tion 14012(i) of the Food, Conservation, and disability compensation at the rate payable ‘‘(1) GENERAL REDUCTION RULE.—The re- Energy Act of 2008 shall be the sole funding for a 100 percent disability by reason of a de- tired pay of a member retired under chapter available for Pigford claims. termination of individual unemployability. 61 of this title is subject to reduction under (c) USE OF FUNDS.—The use of the funds ap- ‘‘(D) TEMPORARY PHASE-IN EXCEPTION FOR sections 5304 and 5305 of title 38, but only to propriated by subsection (b) shall be subject CERTAIN CHAPTER 61 DISABILITY RETIREES; the extent that the amount of the members to the express terms of the Settlement TERMINATION.—Subject to subsection (b), dur- retired pay under chapter 61 of this title ex- Agreement. ing the period beginning on January 1, 2011, ceeds the amount of retired pay to which the (d) TREATMENT OF REMAINING FUNDS.—If and ending on September 30, 2012, subsection member would have been entitled under any any of the funds appropriated by subsection (c) shall not apply to a qualified retiree de- other provision of law based upon the mem- (b) are not obligated and expended to carry scribed in subparagraph (B) or (C) of para- ber’s service in the uniformed services if the out the Settlement Agreement, the Sec- graph (2). member had not been retired under chapter retary of Agriculture shall return the unused ‘‘(2) QUALIFYING SERVICE-CONNECTED DIS- 61 of this title. funds to the Treasury and may not make the ABILITY DEFINED.—In this section: ‘‘(2) CHAPTER 61 RETIREES NOT OTHERWISE unused funds available for any purpose re- ‘‘(A) 50 PERCENT RATING THRESHOLD.—In the ENTITLED TO RETIRED PAY.— lated to section 14012 of the Food, Conserva- case of a member or former member receiv- ‘‘(A) BEFORE TERMINATION DATE.—If a mem- tion, and Energy Act of 2008, for any other ing retired pay under any provision of law ber with a qualifying service-connected dis- settlement agreement executed in In re Black other than chapter 61 of this title, or under ability (as defined in subsection (a)(2)) is re- Farmers Discrimination Litigation, No. 08–511 chapter 61 with 20 years or more of service tired under chapter 61 of this title, but is not (D.D.C.), or for any other purpose. otherwise creditable under section 1405 or otherwise entitled to retired pay under any (e) RULES OF CONSTRUCTION.—Nothing in computed under section 12732 of this title, other provision of this title, and the termi- this section shall be construed as requiring the term ‘qualifying service-connected dis- nation date specified in subsection (a)(1)(D) the United States, any of its officers or agen- ability’ means a service-connected disability has not occurred, the retired pay of the cies, or any other party to enter into the or combination of service-connected disabil- member is subject to reduction under sec- Settlement Agreement or any other settle- ities that is rated as not less than 50 percent tions 5304 and 5305 of title 38, but only to the ment agreement. Nothing in this section disabling by the Secretary of Veterans Af- extent that the amount of the member’s re- shall be construed as creating the basis for a fairs. However, during the period specified in tired pay under chapter 61 of this title ex- Pigford claim. paragraph (1)(D), members or former mem- ceeds the amount equal to 21⁄2 percent of the (f) CONFORMING AMENDMENTS.—Section bers receiving retired pay under chapter 61 member’s years of creditable service multi- 14012 of the Food, Conservation, and Energy with 20 years or more of creditable service plied by the member’s retired pay base under Act of 2008 (Public Law 110–246; 122 Stat. 2209) computed under section 12732 of this title, section 1406(b)(1) or 1407 of this title, which- is amended— but not otherwise entitled to retired pay ever is applicable to the member.

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‘‘(B) AFTER TERMINATION DATE.—Sub- has not been terminated by the Bureau of and 144 of title 23, United States Code,’’ and section (a) does not apply to a member de- Land Management for the sale of timber on inserting ‘‘specified in section 105(a)(2) of scribed in subparagraph (A) if the termi- lands administered by the Bureau of Land title 23, United States Code (except the high nation date specified in subsection (a)(1)(D) Management that meets all of the following priority projects program),’’; and has occurred.’’. criteria: (ii) in clause (ii) by striking ‘‘apportioned (c) CONFORMING AMENDMENT TO FULL CON- (A) The contract was awarded during the under such sections of such Code’’ and in- CURRENT RECEIPT PHASE-IN.—Subsection (c) period beginning on January 1, 2005, and end- serting ‘‘specified in such section 105(a)(2) of such section is amended by striking ‘‘the ing on December 31, 2008. (except the high priority projects program)’’; second sentence of’’. (B) There is unharvested volume remaining and (d) CLERICAL AMENDMENTS.— for the contract. (3) by adding at the end the following: (1) SECTION HEADING.—The heading of such (C) The contract is not a salvage sale. ‘‘(5) PROJECTS OF NATIONAL AND REGIONAL section is amended to read as follows: (D) The Secretary determined there is not SIGNIFICANCE AND NATIONAL CORRIDOR INFRA- ‘‘§ 1414. Concurrent receipt of retired pay and an urgent need to harvest under the contract STRUCTURE IMPROVEMENT PROGRAMS.— veterans’ disability compensation’’. due to deteriorating timber conditions that ‘‘(A) REDISTRIBUTION AMONG STATES.—Not- developed after the award of the contract. (2) TABLE OF SECTIONS.—The table of sec- withstanding sections 1301(m) and 1302(e) of (2) SECRETARY.—The term ‘‘Secretary’’ tions at the beginning of chapter 71 of such SAFETEA–LU (119 Stat. 1202 and 1205), the means the Secretary of the Interior, acting title is amended by striking the item related Secretary shall apportion funds authorized through the Director of Bureau of Land Man- to be appropriated under subsection (b) for to section 1414 and inserting the following agement. new item: the projects of national and regional signifi- (3) TIMBER PURCHASER.—The term ‘‘timber cance program and the national corridor in- ‘‘1414. Concurrent receipt of retired pay and purchaser’’ means the party to the quali- frastructure improvement program among veterans’ disability compensa- fying contract for the sale of timber from all States such that each State’s share of the tion.’’. lands administered by the Bureau of Land funds so apportioned is equal to the State’s (e) EFFECTIVE DATE.—The amendments Management. share for fiscal year 2009 of funds appor- made by this section shall take effect on (b) MARKET-RELATED CONTRACT EXTENSION tioned or allocated for the programs speci- January 1, 2011. OPTION.—Upon a timber purchaser’s written fied in section 105(a)(2) of title 23, United request, the Secretary may make a one-time SEC. 610. EXTENSION OF USE OF 2009 POVERTY States Code. GUIDELINES. modification to the qualifying contract to ‘‘(B) DISTRIBUTION AMONG PROGRAMS.— Section 1012 of the Department of Defense add 3 years to the contract expiration date if Funds apportioned to a State pursuant to Appropriations Act, 2010 (Public Law 111– the written request— subparagraph (A) shall be— 118), as amended by section 6 of the Con- (1) is received by the Secretary not later ‘‘(i) made available to the State for the tinuing Extension Act of 2010 (Public Law than 90 days after the date of enactment of programs specified in section 105(a)(2) of title 111–157), is amended— this Act; and 23, United States Code (except the high pri- (1) by striking ‘‘before May 31, 2010’’; and (2) contains a provision releasing the ority projects program), and in the same pro- (2) by inserting ‘‘for 2011’’ after ‘‘until up- United States from all liability, including portion for each such program that— dated poverty guidelines’’. further consideration or compensation, re- sulting from the modification under this sub- ‘‘(I) the amount apportioned to the State SEC. 611. REFUNDS DISREGARDED IN THE AD- for that program for fiscal year 2009; bears to MINISTRATION OF FEDERAL PRO- section of the term of a qualifying contract. GRAMS AND FEDERALLY ASSISTED (c) REPORTING.—Not later than 6 months ‘‘(II) the amount apportioned to the State PROGRAMS. after the date of the enactment of this Act, for fiscal year 2009 for all such programs; and (a) IN GENERAL.—Subchapter A of chapter the Secretary shall submit to Congress a re- ‘‘(ii) administered in the same manner and 65 of the Internal Revenue Code of 1986 is port detailing a plan and timeline to promul- with the same period of availability as fund- amended by adding at the end the following gate new regulations authorizing the Bureau ing is administered under programs identi- new section: of Land Management to extend timber con- fied in clause (i).’’. ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE AD- tracts due to changes in market conditions. (b) EXPENDITURE AUTHORITY FROM HIGHWAY MINISTRATION OF FEDERAL PRO- (d) REGULATIONS.—Not later than 2 years TRUST FUND.—Paragraph (1) of section GRAMS AND FEDERALLY ASSISTED after the date of the enactment of this Act, 9503(c) of the Internal Revenue Code of 1986 is PROGRAMS. the Secretary shall promulgate new regula- amended by striking ‘‘Surface Transpor- ‘‘(a) IN GENERAL.—Notwithstanding any tions authorizing the Bureau of Land Man- tation Extension Act of 2010’’ and inserting other provision of law, any refund (or ad- agement to extend timber contracts due to ‘‘American Jobs and Closing Tax Loopholes vance payment with respect to a refundable changes in market conditions. Act of 2010’’. O URRENDER OF LAIMS credit) made to any individual under this (e) N S C .—This section (c) EFFECTIVE DATE.—The amendments title shall not be taken into account as in- shall not have the effect of surrendering any made by this section shall take effect upon come, and shall not be taken into account as claim by the United States against any tim- the date of enactment of the Surface Trans- ber purchaser that arose under a timber sale resources for a period of 12 months from re- portation Extension Act of 2010 (Public Law contract, including a qualifying contract, be- ceipt, for purposes of determining the eligi- 111–147; 124 Stat. 78 et seq.) and shall be fore the date on which the Secretary adjusts bility of such individual (or any other indi- treated as being included in that Act at the the contract term under subsection (b). vidual) for benefits or assistance (or the time of the enactment of that Act. amount or extent of benefits or assistance) SEC. 614. EXTENSION AND FLEXIBILITY FOR CER- TAIN ALLOCATED SURFACE TRANS- (d) SAVINGS CLAUSE.— under any Federal program or under any PORTATION PROGRAMS. (1) IN GENERAL.—For fiscal year 2010 and State or local program financed in whole or (a) MODIFICATION OF ALLOCATION RULES.— for the period beginning on October 1, 2010, in part with Federal funds. Section 411(d) of the Surface Transportation and ending on December 31, 2010, the amount ‘‘(b) TERMINATION.—Subsection (a) shall Extension Act of 2010 (Public Law 111–147; 124 of funds apportioned to each State under sec- not apply to any amount received after De- Stat. 80) is amended— tion 411(d) of the Surface Transportation Ex- cember 31, 2010.’’. (1) in paragraph (1)— tension Act of 2010 (Public Law 111–147) that (b) CLERICAL AMENDMENT.—The table of (A) in the matter preceding subparagraph is determined by the amount that the State sections for such subchapter is amended by (A)— received or was authorized to receive for fis- adding at the end the following new item: (i) by striking ‘‘1301, 1302,’’; and cal year 2009 to carry out the projects of na- ‘‘Sec. 6409. Refunds disregarded in the ad- (ii) by striking ‘‘1198, 1204,’’; and tional and regional significance program and ministration of Federal pro- (B) in subparagraph (A)— national corridor infrastructure improve- grams and federally assisted (i) in the matter preceding clause (i) by ment program shall be the greater of— programs.’’. striking ‘‘apportioned under sections 104(b) (A) the amount that the State was author- (c) EFFECTIVE DATE.—The amendments and 144 of title 23, United States Code,’’ and ized to receive under section 411(d) of the made by this section shall apply to amounts inserting ‘‘specified in section 105(a)(2) of Surface Transportation Extension Act of 2010 received after December 31, 2009. title 23, United States Code (except the high with respect to each such program according SEC. 612. STATE COURT IMPROVEMENT PRO- priority projects program),’’; and to the provisions of that Act, as in effect on GRAM. (ii) in clause (ii) by striking ‘‘apportioned the day before the date of enactment of this Section 438 of the Social Security Act (42 under such sections of such Code’’ and in- Act; or U.S.C. 629h) is amended— serting ‘‘specified in such section 105(a)(2) (B) the amount that the State is author- (1) in subsection (c)(2)(A), by striking (except the high priority projects program)’’; ized to receive under section 411(d) of the ‘‘2010’’ and inserting ‘‘2011’’; and (2) in paragraph (2)— Surface Transportation Extension Act of 2010 (2) in subsection (e), by striking ‘‘2010’’ and (A) in the matter preceding subparagraph with respect to each such program pursuant inserting ‘‘2011’’. (A)— to the provisions of that Act, as amended by SEC. 613. QUALIFYING TIMBER CONTRACT OP- (i) by striking ‘‘1301, 1302,’’; and the amendments made by this section. TIONS. (ii) by striking ‘‘1198, 1204,’’; and (2) OBLIGATION AUTHORITY.—For fiscal year (a) DEFINITIONS.—In this section: (B) in subparagraph (A)— 2010, the amount of obligation authority dis- (1) QUALIFYING CONTRACT.—The term (i) in the matter preceding clause (i) by tributed to each State shall be the greater ‘‘qualifying contract’’ means a contract that striking ‘‘apportioned under sections 104(b) of—

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.055 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5360 CONGRESSIONAL RECORD — SENATE June 23, 2010 (A) the amount that the State was author- SEC. 616. EXTENSIONS OF DUTY SUSPENSIONS ON date of the enactment of this Act and apply ized to receive pursuant to section COTTON SHIRTING FABRICS AND RE- with respect to affidavits filed on or after 120(a)(4)(A) (as it pertains to the Appalachian LATED PROVISIONS. such date of enactment. Development Highway System program) of (a) EXTENSIONS.—Each of the following SEC. 617. MODIFICATION OF WOOL APPAREL title I of division A of the Consolidated Ap- headings of the Harmonized Tariff Schedule MANUFACTURERS TRUST FUND. propriations Act, 2010 (Public Law 111–117) of the United States is amended by striking (a) IN GENERAL.—Section 4002(c)(2)(A) of and sections 120(a)(4)(B) and 120(a)(6) of such the date in the effective date column and in- the Miscellaneous Trade and Technical Cor- title, as of the day before the date of enact- serting ‘‘12/31/2013’’: rections Act of 2004 (Public Law 108–429; 118 ment of this Act; or (1) Heading 9902.52.08 (relating to woven Stat. 2600) is amended by striking ‘‘chapter (B) the amount that the State is author- fabrics of cotton). 51’’ and inserting ‘‘chapter 62’’. ized to receive pursuant to section (2) Heading 9902.52.09 (relating to woven (b) FULL RESTORATION OF PAYMENT LEVELS 120(a)(4)(A) (as it pertains to the Appalachian fabrics of cotton). IN FISCAL YEAR 2010.— Development Highway System program) of (3) Heading 9902.52.10 (relating to woven (1) TRANSFER OF AMOUNTS.— title I of division A of the Consolidated Ap- fabrics of cotton). (A) IN GENERAL.—Not later than 30 days propriations Act, 2010 (Public Law 111–117) (4) Heading 9902.52.11 (relating to woven after the date of the enactment of this Act, and sections 120(a)(4)(B) and 120(a)(6) of such fabrics of cotton). the Secretary of the Treasury shall transfer title, as of the date of enactment of this Act. (5) Heading 9902.52.12 (relating to woven to the Wool Apparel Manufacturers Trust (3) AUTHORIZATION OF APPROPRIATIONS.— fabrics of cotton). Fund, out of the general fund of the Treasury There is authorized to be appropriated out of (6) Heading 9902.52.13 (relating to woven of the United States, amounts determined by the Highway Trust Fund (other than the fabrics of cotton). the Secretary of the Treasury to be equiva- Mass Transit Account) such sums as may be (7) Heading 9902.52.14 (relating to woven lent to amounts received in the general fund necessary to carry out this subsection. fabrics of cotton). that are attributable to the duty received on (4) INCREASE IN OBLIGATION LIMITATION.— (8) Heading 9902.52.15 (relating to woven articles classified under chapter 62 of the The limitation under the heading ‘‘Federal- fabrics of cotton). Harmonized Tariff Schedule of the United aid Highways (Limitation on Obligations) (9) Heading 9902.52.16 (relating to woven States, subject to the limitation in subpara- (Highway Trust Fund)’’ in Public Law 111–117 fabrics of cotton). graph (B). is increased by such sums as may be nec- (10) Heading 9902.52.17 (relating to woven (B) LIMITATION.—The Secretary of the essary to carry out this subsection. fabrics of cotton). Treasury shall not transfer more than the (5) CONTRACT AUTHORITY.—Funds made (11) Heading 9902.52.18 (relating to woven amount determined by the Secretary to be available to carry out this subsection shall fabrics of cotton). necessary for— be available for obligation and administered (12) Heading 9902.52.19 (relating to woven (i) U.S. Customs and Border Protection to in the same manner as if such funds were ap- fabrics of cotton). make payments to eligible manufacturers portioned under chapter 1 of title 23, United (13) Heading 9902.52.20 (relating to woven under section 4002(c)(3) of the Miscellaneous States Code. fabrics of cotton). Trade and Technical Corrections Act of 2004 (6) AMOUNTS.—The dollar amount specified (14) Heading 9902.52.21 (relating to woven so that the amount of such payments, when in section 105(d)(1) of title 23, United States fabrics of cotton). added to any other payments made to eligi- Code, the dollar amount specified in section (15) Heading 9902.52.22 (relating to woven ble manufacturers under section 4002(c)(3) of 120(a)(4)(B) of title I of division A of the Con- fabrics of cotton). such Act for calendar year 2010, equal the solidated Appropriations Act, 2010 (Public (16) Heading 9902.52.23 (relating to woven total amount of payments authorized to be Law 111–117), and the dollar amount specified fabrics of cotton). provided to eligible manufacturers under in section 120(b)(10) of such title shall each (17) Heading 9902.52.24 (relating to woven section 4002(c)(3) of such Act for calendar be increased as necessary to carry out this fabrics of cotton). year 2010; and subsection. (18) Heading 9902.52.25 (relating to woven (ii) the Secretary of Commerce to provide SEC. 615. COMMUNITY COLLEGE AND CAREER fabrics of cotton). grants to eligible manufacturers under sec- TRAINING GRANT PROGRAM. (19) Heading 9902.52.26 (relating to woven tion 4002(c)(6) of the Miscellaneous Trade and (a) IN GENERAL.—Section 278(a) of the fabrics of cotton). Technical Corrections Act of 2004 so that the Trade Act of 1974 (19 U.S.C. 2372(a)) is amend- (20) Heading 9902.52.27 (relating to woven amounts of such grants, when added to any ed by adding at the end the following: fabrics of cotton). other grants made to eligible manufacturers ‘‘(3) RULE OF CONSTRUCTION.—For purposes (21) Heading 9902.52.28 (relating to woven under section 4002(c)(6) of such Act for cal- of this section, any reference to ‘workers’, fabrics of cotton). endar year 2010, equal the total amount of ‘workers eligible for training under section (22) Heading 9902.52.29 (relating to woven grants authorized to be provided to eligible 236’, or any other reference to workers under fabrics of cotton). manufacturers under section 4002(c)(6) of this section shall be deemed to include indi- (23) Heading 9902.52.30 (relating to woven such Act for calendar year 2010. viduals who are, or are likely to become, eli- fabrics of cotton). (2) PAYMENT OF AMOUNTS.—U.S. Customs gible for unemployment compensation as de- (24) Heading 9902.52.31 (relating to woven and Border Protection shall make payments fined in section 85(b) of the Internal Revenue fabrics of cotton). described in paragraph (1) to eligible manu- Code of 1986, or who remain unemployed (b) EXTENSION OF DUTY REFUNDS AND PIMA facturers not later than 30 days after such after exhausting all rights to such compensa- COTTON TRUST FUND; MODIFICATION OF AFFI- transfer of amounts from the general fund of tion.’’. DAVIT REQUIREMENTS.—Section 407 of title IV the Treasury of the United States to the (b) DEFINITION OF ELIGIBLE INSTITUTION.— of division C of the Tax Relief and Health Wool Apparel Manufacturers Trust Fund. Section 278(b)(1) of the Trade Act of 1974 (19 Care Act of 2006 (Public Law 109–432; 120 Stat. The Secretary of Commerce shall promptly U.S.C. 2372(b)(1)) is amended— 3060) is amended— provide grants described in paragraph (1) to (1) by striking ‘‘section 102’’ and inserting (1) in subsection (b)— eligible manufacturers after such transfer of ‘‘section 101(a)’’; and (A) in paragraph (1), by striking ‘‘amounts amounts from the general fund of the Treas- (2) by striking ‘‘1002’’ and inserting determined by the Secretary’’ and all that ury of the United States to the Wool Apparel ‘‘1001(a)’’. follows through ‘‘5208.59.80’’ and inserting Manufacturers Trust Fund. (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘amounts received in the general fund that (c) RULE OF CONSTRUCTION.—The amend- Section 279 of the Trade Act of 1974 (19 U.S.C. are attributable to duties received since Jan- ment made by subsection (a) shall not be 2372a) is amended— uary 1, 2004, on articles classified under construed to affect the availability of (1) in subsection (a), by striking the last heading 5208’’; and amounts transferred to the Wool Apparel sentence; and (B) in paragraph (2), by striking ‘‘October Manufacturers Trust Fund before the date of (2) by adding at the end the following: 1, 2008’’ and inserting ‘‘December 31, 2013’’; the enactment of this Act. ‘‘(c) ADMINISTRATIVE AND RELATED COSTS.— The Secretary may retain not more than 5 (2) in subsection (d)— SEC. 618. DEPARTMENT OF COMMERCE STUDY. Not later than 180 days after the date of percent of the funds appropriated under sub- (A) in the matter preceding paragraph (1), enactment of this Act, the Secretary of Com- section (b) for each fiscal year to administer, by inserting ‘‘annually’’ after ‘‘provided’’; merce shall report to Congress detailing— evaluate, and establish reporting systems for and the Community College and Career Training (B) in paragraph (1), by inserting ‘‘during (1) the pattern of job loss in the New Eng- Grant program under section 278. the year in which the affidavit is filed and’’ land, Mid-Atlantic, and Midwest States over ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Funds after ‘‘imported cotton fabric’’; and the past 20 years; appropriated under subsection (b) shall be (3) in subsection (f)— (2) the role of the off-shoring of manufac- used to supplement and not supplant other (A) in the matter preceding paragraph (1), turing jobs in overall job loss in the regions; Federal, State, and local public funds ex- by inserting ‘‘annually’’ after ‘‘provided’’; and pended to support community college and and (3) recommendations to attract industries career training programs. (B) in paragraph (1), by inserting ‘‘during and bring jobs to the region. ‘‘(e) AVAILABILITY.—Funds appropriated the year in which the affidavit is filed and’’ SEC. 619. ARRA PLANNING AND REPORTING. under subsection (b) shall remain available after ‘‘United States’’. Section 1512 of the American Recovery and for the fiscal year for which the funds are ap- (c) EFFECTIVE DATE.—The amendments Reinvestment Act of 2009 (Public Law 111–5; propriated and the subsequent fiscal year.’’. made by this section shall take effect on the 123 Stat. 287) is amended—

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.055 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5361 (1) in subsection (d)— ‘‘(III) any changes in the milestones for the with the requirements to provide informa- (A) in the subsection heading, by inserting covered program, including the reasons for tion under subsection (c), which shall include ‘‘PLANS AND’’ after ‘‘AGENCY’’; the change; providing recipients with a reminder regard- (B) by striking ‘‘Not later than’’ and in- ‘‘(vi) discusses the performance of the cov- ing each reporting requirement. serting the following: ered program, including— ‘‘(4) PUBLIC LISTING.— ‘‘(1) DEFINITION.—In this subsection, the ‘‘(I) whether the covered program has met ‘‘(A) IN GENERAL.—Not later than 45 days term ‘covered program’ means a program for the performance measures for the covered after the end of each calendar quarter, and which funds are appropriated under this divi- program described in paragraph (2)(F); subject to the notification requirements sion— ‘‘(II) if the covered program has failed to under paragraph (2)(B), the Board shall make ‘‘(A) in an amount that is— meet the performance measures, the reasons available on the website established under ‘‘(i) more than $2,000,000,000; and why; and section 1526 a list of all recipients of recov- ‘‘(ii) more than 150 percent of the funds ap- ‘‘(III) any trends in information relating to ery funds that did not provide the informa- propriated for the program for fiscal year the performance of the covered program; and tion required under subsection (c) for the 2008; or ‘‘(vii) evaluates the ability of the covered calendar quarter. ‘‘(B) that did not exist before the date of program to meet the goals of the covered ‘‘(B) CONTENTS.—A list made available enactment of this Act. program given the performance of the cov- under subparagraph (A) shall, for each recipi- ered program.’’; ent of recovery funds on the list, include the ‘‘(2) PLANS.—Not later than July 1, 2010, the head of each agency that distributes re- (2) in subsection (f)— name and address of the recipient, the iden- (A) by striking ‘‘Within 180 days’’ and in- tification number for the award, the amount covery funds shall submit to Congress and serting the following: of recovery funds awarded to the recipient, a make available on the website of the agency ‘‘(1) IN GENERAL.—Within 180 days’’; and description of the activity for which the re- a plan for each covered program, which shall, (B) by adding at the end the following: covery funds were provided, and, to the ex- at a minimum, contain— ‘‘(2) PENALTIES.— tent known by the Board, the reason for non- ‘‘(A) a description of the goals for the cov- ‘‘(A) IN GENERAL.—Subject to subpara- compliance. ered program using recovery funds; graphs (B), (C), and (D), the Attorney Gen- ‘‘(5) REGULATIONS AND REPORTING.— ‘‘(B) a discussion of how the goals de- eral may bring a civil action in an appro- ‘‘(A) REGULATIONS.—Not later than 90 days scribed in subparagraph (A) relate to the priate United States district court against a after the date of enactment of this para- goals for ongoing activities of the covered recipient of recovery funds from an agency graph, the Attorney General, in consultation program, if applicable; that does not provide the information re- with the Director of the Office of Manage- ‘‘(C) a description of the activities that the quired under subsection (c) or knowingly ment and Budget and the Chairperson, shall agency will undertake to achieve the goals provides information under subsection (c) promulgate regulations regarding implemen- described in subparagraph (A); that contains a material omission or tation of this section. ‘‘(D) a description of the total recovery misstatement. In a civil action under this ‘‘(B) REPORTING.— funding for the covered program and the re- paragraph, the court may impose a civil pen- ‘‘(i) IN GENERAL.—Not later than July 1, covery funding for each activity under the alty on a recipient of recovery funds in an 2010, and every 3 months thereafter, the Di- covered program, including identifying amount not more than $250,000. Any amounts rector of the Office of Management and whether the activity will be carried out received from a civil penalty under this Budget, in consultation with the Chair- using grants, contracts, or other types of paragraph shall be deposited in the general person, shall submit to Congress a report on funding mechanisms; fund of the Treasury. the extent of noncompliance by recipients of ‘‘(E) a schedule of milestones for major ‘‘(B) NOTIFICATION.— recovery funds with the reporting require- phases of the activities under the covered ‘‘(i) IN GENERAL.—The head of an agency ments under this section. program, with planned delivery dates; shall provide a written notification to a re- ‘‘(ii) CONTENTS.—Each report submitted ‘‘(F) performance measures the agency will cipient of recovery funds from the agency under clause (i) shall include— use to track the progress of each of the ac- that fails to provide the information re- ‘‘(I) information, for the quarter and in tivities under the covered program in meet- quired under subsection (c). A notification total, regarding the number and amount of ing the goals described in subparagraph (A), under this subparagraph shall provide the re- civil penalties imposed and collected under including performance targets, the frequency cipient with information on how to comply this subsection, sorted by agency and pro- of measurement, and a description of the with the necessary reporting requirements gram; methodology for each measure; and notice of the penalties for failing to do ‘‘(II) information on the steps taken by the ‘‘(G) a description of the process of the so. Federal Government to reduce the level of agency for the periodic review of the ‘‘(ii) LIMITATION.—A court may not impose noncompliance; and progress of the covered program towards a civil penalty under subparagraph (A) relat- ‘‘(III) any other information determined meeting the goals described in subparagraph ing to the failure to provide information re- appropriate by the Director.’’; and (A); and quired under subsection (c) if, not later than (3) by adding at the end the following: ‘‘(H) a description of how the agency will 31 days after the date of the notification ‘‘(i) TERMINATION.—The reporting require- hold program managers accountable for under clause (i), the recipient of the recovery ments under this section shall terminate on achieving the goals described in subpara- funds provides the information. September 30, 2013.’’. graph (A). ‘‘(C) CONSIDERATIONS.—In determining the SEC. 620. AMENDMENT OF TRAVEL PROMOTION ‘‘(3) REPORTS.— amount of a penalty under this paragraph for ACT OF 2009. ‘‘(A) IN GENERAL.—Not later than’’; and a recipient of recovery funds, a court shall (a) TRAVEL PROMOTION FUND FEES.—Sec- (C) by adding at the end the following: consider— tion 217(h)(3)(B) of the Immigration and Na- ‘‘(B) REPORTS ON PLANS.—Not later than 30 ‘‘(i) the number of times the recipient has tionality Act (8 U.S.C. 1187(h)(3)(B)) is days after the end of the calendar quarter failed to provide the information required amended— ending September 30, 2010, and every cal- under subsection (c); (1) by striking ‘‘subsection (d) of section 11 endar quarter thereafter during which the ‘‘(ii) the amount of recovery funds provided of the Travel Promotion Act of 2009.’’ in agency obligates or expends recovery funds, to the recipient; clause (ii) and inserting ‘‘subsection (d) of the head of each agency that developed a ‘‘(iii) whether the recipient is a govern- the Travel Promotion Act of 2009 (22 U.S.C. plan for a covered program under paragraph ment, nonprofit entity, or educational insti- 2131(d)).’’; and (2) shall submit to Congress and make avail- tution; and (2) by striking ‘‘September 30, 2014.’’ in able on a website of the agency a report for ‘‘(iv) whether the recipient is a small busi- clause (iii) and inserting ‘‘September 30, each covered program that— ness concern (as defined under section 3 of 2015.’’. ‘‘(i) discusses the progress of the agency in the Small Business Act (15 U.S.C. 632)), with (b) IMPLEMENTATION BEGINNING IN FISCAL implementing the plan; particular consideration given to businesses YEAR 2011.—Subsection (d) of the Travel Pro- ‘‘(ii) describes the progress towards achiev- with not more than 50 employees. motion Act of 2009 (22 U.S.C. 2131(d)) is ing the goals described in paragraph (2)(A) ‘‘(D) APPLICABILITY.—This paragraph shall amended— for the covered program; apply to any report required to be submitted (1) by striking ‘‘For fiscal year 2010, the’’ ‘‘(iii) discusses the status of each activity on or after the date of enactment of this in paragraph (2)(A) and inserting ‘‘The’’; carried out under the covered program, in- paragraph. (2) by striking ‘‘quarterly, beginning on cluding whether the activity is completed; ‘‘(E) NONEXCLUSIVITY.—The imposition of a January 1, 2010,’’ in paragraph (2)(A) and in- ‘‘(iv) details the unobligated and unexpired civil penalty under this subsection shall not serting ‘‘monthly, immediately following the balances and total obligations and outlays preclude any other criminal, civil, or admin- collection of fees under section under the covered program; istrative remedy available to the United 217(h)(3)(B)(i)(I) of the Immigration and Na- ‘‘(v) discusses— States or any other person under Federal or tionality Act (8 U.S.C. 1187(h)(3)(B)(i)(I),’’; ‘‘(I) whether the covered program has met State law. (3) by striking ‘‘fiscal years 2011 through the milestones for the covered program de- ‘‘(3) TECHNICAL ASSISTANCE.—Each agency 2014,’’ in paragraph (2)(B) and inserting ‘‘fis- scribed in paragraph (2)(E); distributing recovery funds shall provide cal years 2012 through 2015,’’; ‘‘(II) if the covered program has failed to technical assistance, as necessary, to assist (4) by striking ‘‘fiscal year 2010,’’ in para- meet the milestones, the reasons why; and recipients of recovery funds in complying graph (3)(A) and inserting ‘‘fiscal year 2011,’’;

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.056 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5362 CONGRESSIONAL RECORD — SENATE June 23, 2010 (5) by striking ‘‘fiscal year 2011,’’ each Subtitle B—Additional Provisions ‘‘Aircraft Procurement, Navy, 2008/2010’’, place it appears in paragraph (3)(A) and in- SEC. 631. SUNSET OF TEMPORARY INCREASE IN $150,000,000. serting ‘‘fiscal year 2012,’’; and BENEFITS UNDER THE SUPPLE- ‘‘Aircraft Procurement, Air Force, 2008/ (6) by striking ‘‘fiscal year 2010, 2011, 2012, MENTAL NUTRITION ASSISTANCE 2010’’, $100,000,000. 2013, or 2014’’ in paragraph (4)(B) and insert- PROGRAM. ‘‘Other Procurement, Air Force, 2008/2010’’, ing ‘‘fiscal year 2011, 2012, 2013, 2014, or 2015’’. Section 101(a) of title I of division A of $50,000,000. Public Law 111-5 (123 Stat. 120) is amended— ‘‘Research, Development, Test and Evalua- SEC. 621. LIMITATION ON PENALTY FOR FAILURE (1) in paragraph (1), by inserting before the tion, Army, 2009/2010’’, $75,000,000. TO DISCLOSE REPORTABLE TRANS- period, ‘‘, if the value of such benefits and ‘‘Research, Development, Test and Evalua- ACTIONS BASED ON RESULTING TAX block grants would thereby be greater than BENEFITS. tion, Air Force, 2009/2010’’, $150,000,000. in the absence of this subsection’’; and ‘‘Research, Development, Test and Evalua- (a) IN GENERAL.—Subsection (b) of section (2) by striking paragraph (2) and inserting tion, Defense-Wide, 2009/2010’’, $125,000,000. 6707A of the Internal Revenue Code of 1986 is the following: (2) Of the funds appropriated under the amended to read as follows: ‘‘(2) TERMINATION.—The authority provided heading ‘‘PROCUREMENT, MARINE CORPS’’ by this subsection shall terminate after May ‘‘(b) AMOUNT OF PENALTY.— under the heading ‘‘PROCUREMENT’’ in 31, 2014.’’. ‘‘(1) IN GENERAL.—Except as otherwise pro- title IX of the Supplemental Appropriations vided in this subsection, the amount of the SEC. 632. RESCISSIONS. Act, 2008 (Public Law 110–252; 122 Stat. 2401) penalty under subsection (a) with respect to (a) ARRA RESCISSIONS.—There are hereby $100,000,000 are hereby rescinded. rescinded the following amounts from the any reportable transaction shall be 75 per- (3) Of the funds appropriated under the specified accounts: cent of the decrease in tax shown on the re- heading ‘‘PROCUREMENT, MARINE CORPS’’ (1) $300,000,000, from unobligated balances turn as a result of such transaction (or which under the heading ‘‘PROCUREMENT’’ in under the heading ‘‘DISTANCE LEARNING, would have resulted from such transaction if title III of the Supplemental Appropriations TELEMEDICINE, AND BROADBAND PROGRAM’’ such transaction were respected for Federal Act, 2009 (Public Law 111–32; 123 Stat. 1866) under the heading ‘‘RURAL UTILITIES SERV- tax purposes). $75,000,000 are hereby rescinded. ICE’’ under the heading ‘‘DEPARTMENT OF ‘‘(2) MAXIMUM PENALTY.—The amount of TITLE VII—TRANSPARENCY REQUIRE- AGRICULTURE’’ in title I of division A of the penalty under subsection (a) with respect MENTS FOR FOREIGN-HELD DEBT the American Recovery and Reinvestment to any reportable transaction shall not ex- Act of 2009 (Public Law 111–5; 123 Stat. 118). SEC. 701. SHORT TITLE. ceed— (2) $300,000,000, from unobligated balances This title may be cited as the ‘‘Foreign- ‘‘(A) in the case of a listed transaction, under the heading ‘‘BROADBAND TECHNOLOGY Held Debt Transparency and Threat Assess- $200,000 ($100,000 in the case of a natural per- OPPORTUNITIES PROGRAM’’ under the heading ment Act’’. son), or ‘‘NATIONAL TELECOMMUNICATIONS AND INFOR- SEC. 702. DEFINITIONS. ‘‘(B) in the case of any other reportable MATION ADMINISTRATION’’ under the heading In this title: transaction, $50,000 ($10,000 in the case of a ‘‘DEPARTMENT OF COMMERCE’’ in title II (1) APPROPRIATE CONGRESSIONAL COMMIT- natural person). of division A of the American Recovery and TEES.—The term ‘‘appropriate congressional ‘‘(3) MINIMUM PENALTY.—The amount of the Reinvestment Act of 2009 (Public Law 111–5; committees’’ means the following: penalty under subsection (a) with respect to 123 Stat. 128). (A) The Committee on Armed Services, the any transaction shall not be less than $10,000 (3) $55,000,000 from unobligated balances Committee on Foreign Relations, the Com- ($5,000 in the case of a natural person).’’. under the heading ‘‘OPERATION AND MAINTE- mittee on Finance, and the Committee on (b) EFFECTIVE DATE.—The amendment NANCE, ARMY’’ under the heading ‘‘OPER- the Budget of the Senate. made by this section shall apply to penalties ATION AND MAINTENANCE’’ in title III of (B) The Committee on Armed Services, the assessed after December 31, 2006. division A of the American Recovery and Re- Committee on Foreign Affairs, the Com- investment Act of 2009 (Public Law 111–5; 123 mittee on Ways and Means, and the Com- SEC. 622. REPORT ON TAX SHELTER PENALTIES Stat. 132). mittee on the Budget of the House of Rep- AND CERTAIN OTHER ENFORCE- (4) $55,000,000 from unobligated balances resentatives. MENT ACTIONS. under the heading ‘‘OPERATION AND MAINTE- (2) DEBT INSTRUMENTS OF THE UNITED (a) IN GENERAL.—The Commissioner of In- NANCE, NAVY’’ under the heading ‘‘OPER- STATES.—The term ‘‘debt instruments of the ternal Revenue, in consultation with the ATION AND MAINTENANCE’’ in title III of United States’’ means all bills, notes, and Secretary of the Treasury, shall submit to division A of the American Recovery and Re- bonds issued or guaranteed by the United the Committee on Ways and Means of the investment Act of 2009 (Public Law 111–5; 123 States or by an entity of the United States House of Representatives and the Committee Stat. 132). Government, including any Government- on Finance of the Senate an annual report (5) $15,000,000 from unobligated balances sponsored enterprise. on the penalties assessed by the Internal under the heading ‘‘OPERATION AND MAINTE- SEC. 703. SENSE OF CONGRESS. Revenue Service during the preceding year NANCE, AIR FORCE’’ under the heading ‘‘OP- It is the sense of Congress that— under each of the following provisions of the ERATION AND MAINTENANCE’’ in title III (1) the growing Federal debt of the United Internal Revenue Code of 1986: of division A of the American Recovery and States has the potential to jeopardize the na- (1) Section 6662A (relating to accuracy-re- Reinvestment Act of 2009 (Public Law 111–5; tional security and economic stability of the lated penalty on understatements with re- 123 Stat. 132). United States; spect to reportable transactions). (6) $12,000,000 from unobligated balances (2) the increasing dependence of the United (2) Section 6700(a) (relating to promoting under the heading ‘‘OPERATION AND MAINTE- States on foreign creditors has the potential abusive tax shelters). NANCE, ARMY NATIONAL GUARD’’ under the to make the United States vulnerable to (3) Section 6707 (relating to failure to fur- heading ‘‘OPERATION AND MAINTE- undue influence by certain foreign creditors nish information regarding reportable trans- NANCE’’ in title III of division A of the in national security and economic policy- actions). American Recovery and Reinvestment Act of making; (4) Section 6707A (relating to failure to in- 2009 (Public Law 111–5; 123 Stat. 133). (3) the People’s Republic of China is the clude reportable transaction information (7) $25,000,000 from unobligated balances largest foreign creditor of the United States, with return). under the heading ‘‘DEFENSE HEALTH PRO- in terms of its overall holdings of debt in- (5) Section 6708 (relating to failure to GRAM’’ under the heading ‘‘OTHER DEPART- struments of the United States; maintain lists of advisees with respect to re- MENT OF DEFENSE PROGRAMS’’ in title (4) the current level of transparency in the portable transactions). III of division A of the American Recovery scope and extent of foreign holdings of debt and Reinvestment Act of 2009 (Public Law instruments of the United States is inad- (b) ADDITIONAL INFORMATION.—The report 111–5; 123 Stat. 134). equate and needs to be improved, particu- required under subsection (a) shall also in- (8) $98,000,000 from unobligated balances, larly regarding the holdings of the People’s clude information on the following with re- other than those of the Energy Conservation Republic of China; spect to each year: Investment Program, under the heading (5) through the People’s Republic of Chi- (1) Any action taken under section 330(b) of ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ na’s large holdings of debt instruments of title 31, United States Code, with respect to under the heading ‘‘DEPARTMENT OF DE- the United States, China has become a super any reportable transaction (as defined in sec- FENSE’’ in title X of division A of the Amer- creditor of the United States; tion 6707A(c) of the Internal Revenue Code of ican Recovery and Reinvestment Act of 2009 (6) under certain circumstances, the hold- 1986). (Public Law 111-5; 123 Stat. 192). ings of the People’s Republic of China could (2) Any extension of the time for assess- (b) ADDITIONAL RESCISSIONS.— give China a tool with which China can try ment of tax enforced, or assessment of any (1) Of the funds appropriated in Depart- to manipulate the domestic and foreign pol- amount under such an extension, under para- ment of Defense Appropriations Acts, the icymaking of the United States, including graph (10) of section 6501(c) of the Internal following funds are hereby rescinded from the United States relationship with Taiwan; Revenue Code of 1986. the following accounts and programs in the (7) under certain circumstances, if the Peo- (c) DATE OF REPORT.—The first report re- specified amounts: ple’s Republic of China were to be displeased quired under subsection (a) shall be sub- ‘‘Other Procurement, Army, 2008/2010’’, with a given United States policy or action, mitted not later than December 31, 2010. $75,000,000. China could attempt to destabilize the

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.056 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5363 United States economy by rapidly divesting SEC. 706. CORRECTIVE ACTION TO ADDRESS UN- (1) The most recent data available on for- large portions of China’s holdings of debt in- ACCEPTABLE AND UNSUSTAINABLE eign holdings of debt instruments of the struments of the United States; and RISKS TO UNITED STATES NATIONAL United States, which data shall not be older (8) the People’s Republic of China’s expan- SECURITY AND ECONOMIC STA- than the date that is 9 months preceding the BILITY. sive holdings of such debt instruments of the date of the report. In any case in which the President deter- United States could potentially pose a direct (2) The total amount of debt instruments mines under section 704(b)(4)(C) that a for- threat to the United States economy and to of the United States that are held by foreign eign country’s holdings of debt instruments United States national security. This poten- residents, broken out by the residents’ coun- of the United States pose an unacceptable tial threat is a significant issue that war- try of domicile and by public and private risk to the long-term national security or rants further analysis and evaluation. residents. economic stability of the United States, the (3) An analysis of the current and foresee- President shall, within 30 days of the deter- SEC. 704. QUARTERLY REPORT ON RISKS POSED able risks to the long-term national security BY FOREIGN HOLDINGS OF DEBT IN- mination— and economic stability of the United States STRUMENTS OF THE UNITED (1) formulate a plan of action to reduce the posed by foreign holdings of debt instru- STATES. risk level to an acceptable and sustainable ments of the United States. level, in a manner that results in a reduction (a) QUARTERLY REPORT.—Not later than (c) PUBLIC AVAILABILITY.—The Secretary of in Federal spending; March 31, June 30, September 30, and Decem- the Treasury shall make each report re- (2) submit to the appropriate congressional ber 31 of each year, the President shall sub- quired by subsection (a) available, in its un- committees a report on the plan of action mit to the appropriate congressional com- classified form, to the public by posting it on that includes a timeline for the implementa- mittees a report on the risks posed by for- the Internet in a conspicuous manner and lo- tion of the plan and recommendations for cation. eign holdings of debt instruments of the any legislative action that would be required United States, in both classified and unclas- to fully implement the plan; and SEC. 805. ANNUAL REPORT ON RISKS POSED BY sified form. (3) move expeditiously to implement the THE FEDERAL DEBT OF THE UNITED STATES. plan in order to protect the long-term na- (b) MATTERS TO BE INCLUDED.—Each report (a) IN GENERAL.—Not later than March 31 tional security and economic stability of the submitted under this section shall include of each year, the Comptroller General of the United States. the following: United States shall submit to the appro- (1) The most recent data available on for- TITLE VIII—TRANSPARENCY REQUIRE- priate congressional committees a report on eign holdings of debt instruments of the MENTS FOR FOREIGN-HELD DEBT the risks to the United States posed by the United States, which data shall not be older SEC. 801. SHORT TITLE. Federal debt of the United States. than the date that is 7 months preceding the This title may be cited as the ‘‘Foreign- (b) CONTENT OF REPORT.—Each report sub- date of the report. Held Debt Transparency and Threat Assess- mitted under this section shall include the (2) The country of domicile of all foreign ment Act’’. following: creditors who hold debt instruments of the SEC. 802. DEFINITIONS. (1) An analysis of the current and foresee- United States. In this title: able risks to the long-term national security (3) The total amount of debt instruments (1) APPROPRIATE CONGRESSIONAL COMMIT- and economic stability of the United States of the United States that are held by the for- TEES.—The term ‘‘appropriate congressional posed by the Federal debt of the United eign creditors, broken out by the creditors’ committees’’ means the following: States. country of domicile and by public, quasi-pub- (A) The Committee on Armed Services, the (2) Specific recommendations for reducing lic, and private creditors. Committee on Foreign Relations, the Com- the levels of risk resulting from the Federal (4) For each foreign country listed in para- mittee on Finance, the Committee on Bank- debt. graph (3)— ing, Housing, and Urban Affairs, and the SEC. 806. CORRECTIVE ACTION TO ADDRESS UN- (A) an analysis of the country’s purpose in Committee on the Budget of the Senate. ACCEPTABLE RISKS TO UNITED holding debt instruments of the United (B) The Committee on Armed Services, the STATES NATIONAL SECURITY AND ECONOMIC STABILITY. States and long-term intentions with regard Committee on Foreign Affairs, the Com- to such debt instruments; mittee on Ways and Means, the Committee If the President determines that foreign (B) an analysis of the current and foresee- on Financial Services, and the Committee on holdings of debt instruments of the United able risks to the long-term national security the Budget of the House of Representatives. States pose an unacceptable risk to the long- and economic stability of the United States term national security or economic stability (2) DEBT INSTRUMENTS OF THE UNITED posed by each country’s holdings of debt in- of the United States, the President shall, STATES.—The term ‘‘debt instruments of the struments of the United States; and United States’’ means all bills, notes, and within 30 days of the determination— (C) a specific determination of whether the bonds held by the public and issued or guar- (1) formulate a plan of action to reduce level of risk identified under subparagraph anteed by the United States or by an entity such risk; (B) is acceptable or unacceptable. of the United States Government. (2) submit to the appropriate congressional committees a report on the plan of action (c) PUBLIC AVAILABILITY.—The President SEC. 803. SENSE OF CONGRESS. that includes a timeline for the implementa- shall make each report required by sub- It is the sense of Congress that— tion of the plan and recommendations for section (a) available, in its unclassified form, (1) the growing Federal debt of the United any legislative action that would be required to the public by posting it on the Internet in States has the potential to jeopardize the na- to fully implement the plan; and a conspicuous manner and location. tional security and economic stability of the (3) move expeditiously to implement the United States; SEC. 705. ANNUAL REPORT ON RISKS POSED BY plan in order to protect the long-term na- (2) large foreign holdings of debt instru- tional security and economic stability of the THE FEDERAL DEBT OF THE UNITED ments of the United States have the poten- STATES. United States. tial to make the United States vulnerable to (a) IN GENERAL.—Not later than December undue influence by foreign creditors in na- TITLE IX—OFFICE OF THE HOMEOWNER 31 of each year, the Comptroller General of tional security and economic policymaking; ADVOCATE the United States shall submit to the appro- (3) the People’s Republic of China, Japan, SEC. 901. OFFICE OF THE HOMEOWNER ADVO- priate congressional committees a report on and the United Kingdom are the 3 largest CATE. the risks to the United States posed by the foreign holders of debt instruments of the (a) ESTABLISHMENT.—There is established in the Department of the Treasury an office Federal debt of the United States. United States; and (4) the current level of transparency in the to be known as the ‘‘Office of the Homeowner (b) CONTENT OF REPORT.—Each report sub- scope and extent of foreign holdings of debt Advocate’’ (in this title referred to as the mitted under this section shall include the instruments of the United States is inad- ‘‘Office’’). following: equate and needs to be improved. (b) DIRECTOR.— (1) An analysis of the current and foresee- SEC. 804. ANNUAL REPORT ON RISKS POSED BY (1) IN GENERAL.—The Director of the Office able risks to the long-term national security FOREIGN HOLDINGS OF DEBT IN- of the Homeowner Advocate (in this title re- and economic stability of the United States STRUMENTS OF THE UNITED ferred to as the ‘‘Director’’) shall report di- posed by the Federal debt of the United STATES. rectly to the Assistant Secretary of the States. (a) ANNUAL REPORT.—Not later than March Treasury for Financial Stability, and shall (2) A specific determination of whether the 31 of each year, the Secretary of the Treas- be entitled to compensation at the same rate levels of risk identified under paragraph (1) ury shall submit to the appropriate congres- as the highest rate of basic pay established are sustainable. sional committees a report on the risks for the Senior Executive Service under sec- (3) If the determination under paragraph posed by foreign holdings of debt instru- tion 5382 of title 5, United States Code. (2) is that the levels of risk are ments of the United States, in both classified (2) APPOINTMENT.—The Director shall be unsustainable, specific recommendations for and unclassified form. appointed by the Secretary, after consulta- reducing the levels of risk to sustainable lev- (b) MATTERS TO BE INCLUDED.—Each report tion with the Secretary of the Department of els, in a manner that results in a reduction submitted under this section shall include Housing and Urban Development, and with- in Federal spending. the following: out regard to the provisions of title 5, United

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States Code, relating to appointments in the (b) HOTLINE.—The HOPE hotline (or any under the terms of the existing mortgage competitive service or the Senior Executive successor triage hotline) shall reroute all loan. The Secretary of the Treasury, in con- Service. complaints relating to the Home Affordable sultation with the Secretary of Housing and (3) QUALIFICATIONS.—An individual ap- Modification Program to the Office. Urban Development, shall issue rules to pointed under paragraph (2) shall have— (c) COORDINATION.—The Office shall coordi- carry out this section not later than 90 days (A) experience as an advocate for home- nate with the compliance office of the Office after the date of enactment of this Act. This owners; and of Financial Stability of the Department of section shall not apply to any refinancing or (B) experience dealing with mortgage the Treasury and the Homeownership Preser- modifications made under the ‘‘FHA Pro- servicers. vation Office of the Department of the Treas- gram Adjustments to Support Refinancings (4) RESTRICTION ON EMPLOYMENT.—An indi- ury. for Underwater Homeowners,’’ announced by vidual may be appointed as Director only if SEC. 904. RULE OF CONSTRUCTION. the Department of the Treasury and the De- such individual was not an officer or em- Nothing in this section shall prohibit a partment of Housing and Urban Development ployee of either a mortgage servicer or the mortgage servicer from evaluating a home- on March 26, 2010, as long as the program Department of the Treasury during the 4- owner for eligibility under the Home Afford- continues to be structured so that borrowers year period preceding the date of such ap- able Foreclosure Alternatives Program while participating in the FHA refinance program pointment. a case is still open with the Office of the cannot be in default on their primary mort- (5) HIRING AUTHORITY.—The Director shall Homeowner Advocate. Nothing in this sec- gage at the time of refinance and their eligi- have the authority to hire staff, obtain sup- tion may be construed to relieve any loan bility in the program is not helped if they port by contract, and manage the budget of services from otherwise applicable rules, di- are in default on their second mortgage, and the Office of the Homeowner Advocate. rectives, or similar guidance under the Home thus lack a strategic reason to go into de- SEC. 902. FUNCTIONS OF THE OFFICE. Affordable Modification Program relating to fault on either their first or second mortgage (a) IN GENERAL.—It shall be the function of the continuation or completion of fore- to participate in the program. the Office— closure proceedings. SEC. 908. PUBLIC AVAILABILITY OF INFORMA- (1) to assist homeowners, housing coun- SEC. 905. REPORTS TO CONGRESS. TION. selors, and housing lawyers in resolving (a) TESTIMONY.—The Director shall be (a) PUBLIC AVAILABILITY OF DATA.—The problems with the Home Affordable Modi- available to testify before the Committee on Secretary of the Treasury shall revise the fication Program of the Making Home Af- Banking, Housing, and Urban Affairs of the guidelines for the Home Affordable Modifica- fordable initiative of the Secretary, author- Senate and the Committee on Financial tion Program of the Making Home Afford- ized under the Emergency Economic Sta- Services of the House of Representatives, not able initiative of the Secretary of the Treas- bilization Act of 2008 (in this title referred to less frequently than 4 times a year, or at any ury, authorized under the Emergency Eco- as the ‘‘Home Affordable Modification Pro- time at the request of the Chairs of either nomic Stabilization Act of 2008 (Public Law gram’’) committee. 110–343), to establish that the data collected (2) to identify areas, both individual and (b) REPORTS.—Once annually, the Director by the Secretary of the Treasury from each systematic, in which homeowners, housing shall provide a detailed report to Congress mortgage servicer and lender participating counselors, and housing lawyers have prob- on the Home Affordable Modification Pro- in the Program is made public in accordance lems in dealings with the Home Affordable gram. Such report shall contain full and sub- with subsection (b). Modification Program; stantive analysis, in addition to statistical (b) CONTENT.—Not more than 60 days after (3) to the extent possible, to propose information, including, at a minimum— each monthly deadline for submission of changes in the administrative practices of (1) data and analysis of the types and vol- data by mortgage servicers and lender par- the Home Affordable Modification Program, ume of complaints received from home- ticipating in the program, the Treasury shall to mitigate problems identified under para- owners, housing counselors, and housing law- make all data tables available to the public graph (2); yers, broken down by category of servicer, at the individual record level. This data shall (4) to identify potential legislative changes except that servicers may not be identified include but not be limited to— which may be appropriate to mitigate such by name in the report; (1) higher risk loans, including loans made problems; and (2) a summary of not fewer than 20 of the in connection with any program to provide (5) to implement other programs and ini- most serious problems encountered by Home expanded loan approvals, shall be reported tiatives that the Director deems important Affordable Modification Program partici- separately; to assisting homeowners, housing coun- pants, including a description of the nature (2) disclose— selors, and housing lawyers in resolving of such problems; (A) the rate or pace at which such mort- problems with the Home Affordable Modi- (3) to the extent known, identification of gages are becoming seriously delinquent; fication Program, which may include— the 10 most litigated issues for Home Afford- (B) whether such rate or pace is increasing (A) running a triage hotline for home- able Modification Program participants, in- or decreasing; owners at risk of foreclosure; cluding recommendations for mitigating (C) if there are certain subsets within the (B) providing homeowners with access to such disputes; loans covered by this section that have housing counseling programs of the Depart- (4) data and analysis on the resolutions of greater or lesser rates or paces of delin- ment of Housing and Urban Development at the complaints received from homeowners, quency; and no cost to the homeowner; housing counselors, and housing lawyers; (D) if such subsets exist, the characteris- (C) developing Internet tools related to the (5) identification of any programs or initia- tics of such subset of mortgages; Home Affordable Modification Program; and tives that the Office has taken to improve (3) with respect to the loss mitigation ef- (D) developing training and educational the Home Affordable Modification Program; forts of the loan— materials. (6) recommendations for such administra- (A) the processes and practices that the re- (b) AUTHORITY.— tive and legislative action as may be appro- porter has in effect to minimize losses on (1) IN GENERAL.—Staff designated by the priate to resolve problems encountered by mortgages covered by this section; and Director shall have the authority to imple- Home Affordable Modification Program par- (B) the manner and methods by which such ment servicer remedies, on a case-by-case ticipants; and processes and practices are being monitored basis, subject to the approval of the Assist- (7) such other information as the Director for effectiveness; ant Secretary of the Treasury for Financial may deem advisable. (4) disclose, with respect to loans that are Stability. SEC. 906. FUNDING. or become 60 or more days past due, (pro- (2) RESOLUTION OF HOMEOWNER CONCERNS.— Amounts made available for the costs of vided that for purposes of disclosure under The Office shall, to the extent possible, re- administration of the Home Affordable Modi- this paragraph that each loan should have a solve all homeowner concerns not later than fication Program that are not otherwise ob- unique number that is not the same as any 30 days after the opening of a case with such ligated shall be available to carry out the loan number the borrower, originator, or homeowner. duties of the Office. Funding shall be main- servicer uses), the following attributes— (c) COMMENCEMENT OF OPERATIONS.—The tained at levels adequate to reasonably carry (A) the original loan amount; Office shall commence its operations, as re- out the functions of the Office. (B) the current loan amount; quired by this title, not later than 3 months SEC. 907. PROHIBITION ON PARTICIPATION IN (C) the loan-to-value ratio and combined after the date of enactment of this Act. MAKING HOME AFFORDABLE FOR loan-to-value ratio, both at origination and (d) SUNSET.—The Office shall cease oper- BORROWERS WHO STRATEGICALLY currently, and the number of liens on the ations as of the date on which the Home Af- DEFAULT. property; fordable Modification Program ceases to op- No mortgage may be modified under the (D) the property valuation at the time of erate. Making Home Affordable Program, or with origination of the loan, and all subsequent SEC. 903. RELATIONSHIP WITH EXISTING ENTI- any funds from the Troubled Asset Relief property valuations and the date of each TIES. Program, unless the servicer of the mortgage valuation; (a) TRANSFER.—The Office shall coordinate loan has determined, in accordance with (E) each relevant credit score of each bor- and centralize all complaint escalations re- standards and requirements established by rower obtained at any time in connection lating to the Home Affordable Modification the Secretary of the Treasury, that the with the loan, with the date of the credit Program. mortgagor cannot afford to make payments score, to the extent allowed by existing law;

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.056 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5365 (F) whether the loan has any mortgage or (2) in the House of Representatives, is des- TITLE I—FEDERAL ACCOUNTABILITY other credit insurance or guarantee; ignated as an emergency for purposes of pay- AND COORDINATION (G) the current interest rate on such loan; as-you-go principles; and Sec. 101. Office of Justice Services respon- (H) any rate caps and floors if the loan is (3) in the Senate, is designated as an emer- sibilities. an adjustable rate mortgage loan; gency requirement pursuant to section 403(a) Sec. 102. Disposition reports. (I) the adjustable rate mortgage index or of S. Con. Res. 13 (111th Congress), the con- Sec. 103. Prosecution of crimes in Indian indices for such loan; current resolution on the budget for fiscal country. (J) whether the loan is currently past due, year 2010. Sec. 104. Administration. and if so how many days such loan is past TITLE II—STATE ACCOUNTABILITY AND due; SA 4387. Mr. REID (for Mr. BAUCUS) COORDINATION (K) the total number of days the loan has proposed an amendment to amendment Sec. 201. State criminal jurisdiction and re- been past due at any time; SA 4386 proposed by Mr. REID (for Mr. (L) whether the loan is subject to a balloon sources. BAUCUS) to the bill H.R. 4213, to amend payment; Sec. 202. State, tribal, and local law enforce- (M) the date of each modification of the the Internal Revenue Code of 1986 to ment cooperation. loan; extend certain expiring provisions, and TITLE III—EMPOWERING TRIBAL LAW (N) whether any amounts of loan principal for other purposes; as follows: ENFORCEMENT AGENCIES AND TRIBAL has been deferred or written off, and if so, At the end of the amendment, insert the GOVERNMENTS the date and amount of each deferral and the following: Sec. 301. Tribal police officers. date and amount of each writedown; The provisions of this Act shall become ef- Sec. 302. Drug enforcement in Indian coun- (O) whether the interest rate was changed fective 3 days after enactment. try. from a rate that could adjust to a fixed rate, Sec. 303. Access to national criminal infor- and if so, the period of time for which the SA 4388. Mr. REID proposed an mation databases. rate will be fixed; amendment to the bill H.R. 4213, to Sec. 304. Tribal court sentencing authority. (P) the amount by which the interest rate amend the Internal Revenue Code of Sec. 305. Indian Law and Order Commission. on the loan was reduced, and for what period 1986 to extend certain expiring provi- Sec. 306. Exemption for tribal display mate- of time it was reduced; rials. sions, and for other purposes; as fol- (Q) if the interest rate was reduced or fixed TITLE IV—TRIBAL JUSTICE SYSTEMS for a period of time less than the remaining lows: Sec. 401. Indian alcohol and substance abuse. loan term, on what dates, and to what rates, At the end, insert the following: Sec. 402. Indian tribal justice; technical and could the rate potentially increase in the fu- The Committee on Finance is requested to legal assistance. ture; study the economic impact of the delay in Sec. 403. Tribal resources grant program. (R) whether the loan term was modified, implementing the provisions of the Act on Sec. 404. Tribal jails program. and if so, whether it was extended or short- jobs creation on a national and regional Sec. 405. Tribal probation office liaison pro- ened, and by what amount of time; level. gram. (S) whether the loan is in the process of Sec. 406. Tribal youth program. foreclosure or similar procedure, whether ju- SA 4389. Mr. REID proposed an Sec. 407. Improving public safety presence in dicial or otherwise; and amendment to amendment SA 4388 pro- rural Alaska. (T) whether a foreclosure or similar proce- posed by Mr. REID to the bill H.R. 4213, TITLE V—INDIAN COUNTRY CRIME DATA dure, whether judicial or otherwise, has been to amend the Internal Revenue Code of completed. COLLECTION AND INFORMATION SHAR- (c) GUIDELINES AND REGULATIONS.—The 1986 to extend certain expiring provi- ING Secretary of the Treasury shall establish sions, and for other purposes; as fol- Sec. 501. Tracking of crimes committed in guidelines and regulations necessary— lows: Indian country. (1) to ensure that the privacy of individual At the end, insert the following: Sec. 502. Criminal history record improve- consumers is appropriately protected in the ‘‘And include statistical data on the spe- ment program. reports under this section; cific service related positions created.’’ TITLE VI—DOMESTIC VIOLENCE AND (2) to make the data reported under this SEXUAL ASSAULT PROSECUTION AND subsection available on a public website with SA 4390. Mr. REID proposed an PREVENTION no cost to access the data, in a consistent amendment to amendment SA 4389 pro- Sec. 601. Prisoner release and reentry. format; posed by Mr. REID to the amendment Sec. 602. Domestic and sexual violence of- (3) to update the data no less frequently fense training. than monthly; SA 4388 proposed by Mr. REID to the Sec. 603. Testimony by Federal employees. (4) to establish procedures for disclosing bill H.R. 4213, to amend the Internal Sec. 604. Coordination of Federal agencies. such data to the public on a public website Revenue Code of 1986 to extend certain Sec. 605. Sexual assault protocol. with no cost to access the data; and expiring provisions, and for other pur- Sec. 606. Study of IHS sexual assault and do- (5) to allow the Secretary to make such de- poses; as follows: mestic violence response capa- letions as the Secretary may determine to be At the end, insert the following: bilities. appropriate to protect any privacy interest ‘‘And the impact on the local economy.’’ of any loan modification applicant, including SEC. 2. FINDINGS; PURPOSES. the deletion or alteration of the applicant’s (a) FINDINGS.—Congress finds that— SA 4391. Mr. DURBIN (for Mr. DOR- (1) the United States has distinct legal, name and identification number. GAN (for himself, Mr. BAUCUS, Mr. (d) EXCEPTION.—No data shall have to be treaty, and trust obligations to provide for disclosed if it voids or violates existing con- BEGICH, Mr. BENNET, Ms. CANTWELL, the public safety of Indian country; tracts between the Secretary of Treasury Mr. KYL, Mr. MCCAIN, Mr. TESTER, Mr. (2) Congress and the President have ac- and mortgage servicers as part of the Mak- THUNE, Mr. UDALL of New Mexico, and knowledged that— ing Home Affordable Program. Mr. UDALL of Colorado)) proposed an (A) tribal law enforcement officers are TITLE X—BUDGETARY PROVISIONS amendment to the bill H.R. 725, to pro- often the first responders to crimes on In- dian reservations; and SEC. 1001. BUDGETARY PROVISIONS. tect Indian arts and crafts through the (B) tribal justice systems are often the (a) STATUTORY PAYGO.—The budgetary ef- improvement of applicable criminal fects of this Act, for the purpose of com- most appropriate institutions for maintain- proceedings, and for other purposes; as ing law and order in Indian country; plying with the Statutory Pay-As-You-Go follows: Act of 2010, shall be determined by reference (3) less than 3,000 tribal and Federal law to the latest statement titled ‘Budgetary Ef- At the end, add the following: enforcement officers patrol more than fects of PAYGO Legislation’ for this Act, DIVISION B—TRIBAL LAW AND ORDER 56,000,000 acres of Indian country, which re- flects less than 1⁄2 of the law enforcement jointly submitted for printing in the Con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. gressional Record by the Chairmen of the presence in comparable rural communities (a) SHORT TITLE.—This Act may be cited as nationwide; House and Senate Budget Committees, pro- the ‘‘Tribal Law and Order Act of 2010’’. vided that such statement has been sub- (4) the complicated jurisdictional scheme (b) TABLE OF CONTENTS.—The table of con- that exists in Indian country— mitted prior to the vote on passage in the tents of this division is as follows: House acting first on this conference report (A) has a significant negative impact on or amendment between the Houses. DIVISION B—TRIBAL LAW AND ORDER the ability to provide public safety to Indian (b) EMERGENCY DESIGNATIONS.—Section Sec. 1. Short title; table of contents. communities; 501— Sec. 2. Findings; purposes. (B) has been increasingly exploited by (1) is designated as an emergency require- Sec. 3. Definitions. criminals; and ment pursuant to section 4(g) of the Statu- Sec. 4. Severability. (C) requires a high degree of commitment tory Pay-As-You-Go Act of 2010 (Public Law Sec. 5. Jurisdiction of the State of Alaska. and cooperation among tribal, Federal, and 111–139; 2 U.S.C. 933(g)); Sec. 6. Effect. State law enforcement officials;

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EFFECT. ‘‘(I) criminal investigators; Alaska Native women will be raped in their Nothing in this Act confers on an Indian ‘‘(II) uniform police; lifetimes; and tribe criminal jurisdiction over non-Indians. ‘‘(III) police and emergency dispatchers; (C) 39 percent of American Indian and Alas- TITLE I—FEDERAL ACCOUNTABILITY AND ‘‘(IV) detention officers; ka Native women will be subject to domestic COORDINATION ‘‘(V) executive personnel, including special violence; SEC. 101. OFFICE OF JUSTICE SERVICES RESPON- agents in charge, and directors and deputies (6) Indian tribes have faced significant in- SIBILITIES. of various offices in the Office of Justice creases in instances of domestic violence, (a) DEFINITIONS.—Section 2 of the Indian Services; and burglary, assault, and child abuse as a direct Law Enforcement Reform Act (25 U.S.C. 2801) ‘‘(VI) tribal court judges, prosecutors, pub- result of increased methamphetamine use on is amended— lic defenders, appointed defense counsel, or Indian reservations; and (1) by striking paragraph (8); related staff; and (7) crime data is a fundamental tool of law (2) by redesignating paragraphs (1) through ‘‘(ii) the amount of appropriations obli- enforcement, but for decades the Bureau of (7) as paragraphs (2) through (8), respec- gated for each category described in clause Indian Affairs and the Department of Justice tively; (i) for each fiscal year; have not been able to coordinate or consist- (3) by redesignating paragraph (9) as para- ‘‘(B) a list of amounts dedicated to law en- ently report crime and prosecution rates in graph (1) and moving the paragraphs so as to forcement and corrections, vehicles, related tribal communities. appear in numerical order; and transportation costs, equipment, inmate (b) PURPOSES.—The purposes of this divi- (4) in paragraph (1) (as redesignated by transportation costs, inmate transfer costs, sion are— paragraph (3)), by striking ‘‘Division of Law replacement, improvement, and repair of fa- (1) to clarify the responsibilities of Fed- Enforcement Services’’ and inserting ‘‘Office cilities, personnel transfers, detailees and eral, State, tribal, and local governments of Justice Services’’. costs related to their details, emergency with respect to crimes committed in Indian (b) ADDITIONAL RESPONSIBILITIES OF OF- events, public safety and justice communica- country; FICE.—Section 3 of the Indian Law Enforce- tions and technology costs, and tribal court (2) to increase coordination and commu- ment Reform Act (25 U.S.C. 2802) is amend- personnel, facilities, indigent defense, and nication among Federal, State, tribal, and ed— related program costs; local law enforcement agencies; (1) in subsection (b), by striking ‘‘(b) There ‘‘(C) a list of the unmet staffing needs of (3) to empower tribal governments with is hereby established within the Bureau a Di- law enforcement, corrections, and court per- the authority, resources, and information vision of Law Enforcement Services which’’ sonnel (including indigent defense and pros- necessary to safely and effectively provide and inserting the following: ecution staff) at tribal and Bureau of Indian public safety in Indian country; ‘‘(b) OFFICE OF JUSTICE SERVICES.—There is Affairs justice agencies, the replacement and (4) to reduce the prevalence of violent established in the Bureau an office, to be repair needs of tribal and Bureau corrections crime in Indian country and to combat sex- known as the ‘Office of Justice Services’, facilities, needs for tribal police and court that’’; ual and domestic violence against American facilities, and public safety and emergency (2) in subsection (c)— Indian and Alaska Native women; communications and technology needs; and (A) in the matter preceding paragraph (1), (5) to prevent drug trafficking and reduce ‘‘(D) the formula, priority list or other by striking ‘‘Division of Law Enforcement rates of alcohol and drug addiction in Indian methodology used to determine the method Services’’ and inserting ‘‘Office of Justice country; and of disbursement of funds for the public safety Services’’; (6) to increase and standardize the collec- and justice programs administered by the Of- (B) in paragraph (8), by striking ‘‘and’’ at tion of criminal data and the sharing of fice of Justice Services; the end; criminal history information among Federal, ‘‘(17) submitting to the appropriate com- (C) in paragraph (9), by striking the period State, and tribal officials responsible for re- mittees of Congress, for each fiscal year, a at the end and inserting a semicolon; and sponding to and investigating crimes in In- (D) by adding at the end the following: report summarizing the technical assistance, dian country. ‘‘(10) the development and provision of dis- training, and other support provided to trib- SEC. 3. DEFINITIONS. patch and emergency and E–911 services; al law enforcement and corrections agencies (a) IN GENERAL.—In this division: ‘‘(11) communicating with tribal leaders, that operate relevant programs pursuant to (1) INDIAN COUNTRY.—The term ‘‘Indian tribal community and victims’ advocates, self-determination contracts or self-govern- country’’ has the meaning given the term in tribal justice officials, indigent defense rep- ance compacts with the Secretary; and section 1151 of title 18, United States Code. resentatives, and residents of Indian country ‘‘(18) promulgating regulations to carry (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ on a regular basis regarding public safety out this Act, and routinely reviewing and up- has the meaning given the term in section and justice concerns facing tribal commu- dating, as necessary, the regulations con- 102 of the Federally Recognized Indian Tribe nities; tained in subchapter B of title 25, Code of List Act of 1994 (25 U.S.C. 479a). ‘‘(12) conducting meaningful and timely Federal Regulations (or successor regula- (3) SECRETARY.—The term ‘‘Secretary’’ consultation with tribal leaders and tribal tions).’’; means the Secretary of the Interior. justice officials in the development of regu- (3) in subsection (d)— (4) TRIBAL GOVERNMENT.—The term ‘‘tribal latory policies and other actions that affect (A) in paragraph (1), by striking ‘‘Division government’’ means the governing body of a public safety and justice in Indian country; of Law Enforcement Services’’ and inserting federally recognized Indian tribe. ‘‘(13) providing technical assistance and ‘‘Office of Justice Services’’; and (b) INDIAN LAW ENFORCEMENT REFORM training to tribal law enforcement officials (B) in paragraph (4)(i), in the first sen- ACT.—Section 2 of the Indian Law Enforce- to gain access and input authority to utilize tence, by striking ‘‘Division’’ and inserting ment Reform Act (25 U.S.C. 2801) is amended the National Criminal Information Center ‘‘Office of Justice Services’’; by adding at the end the following: and other national crime information data- (4) in subsection (e), by striking ‘‘Division ‘‘(10) The term ‘tribal justice official’ bases pursuant to section 534 of title 28, of Law Enforcement Services’’ each place it means— United States Code; appears and inserting ‘‘Office of Justice ‘‘(A) a tribal prosecutor; ‘‘(14) in coordination with the Attorney Services’’; and ‘‘(B) a tribal law enforcement officer; or General pursuant to subsection (g) of section (5) by adding at the end the following: ‘‘(C) any other person responsible for inves- 302 of the Omnibus Crime Control and Safe ‘‘(f) LONG-TERM PLAN FOR TRIBAL DETEN- tigating or prosecuting an alleged criminal Streets Act of 1968 (42 U.S.C. 3732), col- TION PROGRAMS.—Not later than 1 year after offense in tribal court.’’. lecting, analyzing, and reporting data re- the date of enactment of this subsection, the SEC. 4. SEVERABILITY. garding Indian country crimes on an annual Secretary, acting through the Bureau, in co- If any provision of this division, an amend- basis; ordination with the Department of Justice ment made by this division, or the applica- ‘‘(15) on an annual basis, sharing with the and in consultation with tribal leaders, trib- tion of such a provision or amendment to Department of Justice all relevant crime al courts, tribal law enforcement officers, any individual, entity, or circumstance, is data, including Uniform Crime Reports, that and tribal corrections officials, shall submit determined by a court of competent jurisdic- the Office of Justice Services prepares and to Congress a long-term plan to address in- tion to be invalid, the remaining provisions receives from tribal law enforcement agen- carceration in Indian country, including— of this division, the remaining amendments cies on a tribe-by-tribe basis to ensure that ‘‘(1) a description of proposed activities made by this division, and the application of individual tribal governments providing data for— those provisions and amendments to individ- are eligible for programs offered by the De- ‘‘(A) the construction, operation, and uals, entities, or circumstances other than partment of Justice; maintenance of juvenile (in accordance with the affected individual, entity, or cir- ‘‘(16) submitting to the appropriate com- section 4220(a)(3) of the Indian Alcohol and cumstance shall not be affected. mittees of Congress, for each fiscal year, a Substance Abuse Prevention and Treatment SEC. 5. JURISDICTION OF THE STATE OF ALASKA. detailed spending report regarding tribal Act of 1986 (25 U.S.C. 2453(a)(3)) and adult de- Nothing in this Act limits, alters, expands, public safety and justice programs that in- tention facilities (including regional facili- or diminishes the civil or criminal jurisdic- cludes— ties) in Indian country;

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5367 ‘‘(B) contracting with State and local de- minate prosecution of, an alleged violation ant United States Attorney to serve as a tention centers, upon approval of affected of Federal criminal law in Indian country, tribal liaison for the district. tribal governments; and the United States Attorney shall coordinate ‘‘(b) DUTIES.—The duties of a tribal liaison ‘‘(C) alternatives to incarceration, devel- with the appropriate tribal justice officials shall include the following: oped in cooperation with tribal court sys- regarding the status of the investigation and ‘‘(1) Coordinating the prosecution of Fed- tems; the use of evidence relevant to the case in a eral crimes that occur in Indian country. ‘‘(2) an assessment and consideration of the tribal court with authority over the crime ‘‘(2) Developing multidisciplinary teams to construction of Federal detention facilities alleged. combat child abuse and domestic and sexual in Indian country; and ‘‘(4) PROSECUTION DATA.—The United violence offenses against Indians. ‘‘(3) any other alternatives as the Sec- States Attorney shall submit to the Native ‘‘(3) Consulting and coordinating with trib- retary, in coordination with the Attorney American Issues Coordinator to compile, on al justice officials and victims’ advocates to General and in consultation with Indian an annual basis and by Federal judicial dis- address any backlog in the prosecution of tribes, determines to be necessary.’’. trict, information regarding all declinations major crimes in Indian country in the dis- (c) LAW ENFORCEMENT AUTHORITY.—Section of alleged violations of Federal criminal law trict. 4 of the Indian Law Enforcement Reform Act that occurred in Indian country that were ‘‘(4) Developing working relationships and (25 U.S.C. 2803) is amended— referred for prosecution by law enforcement maintaining communication with tribal (1) in paragraph (2)(A), by striking ‘‘), or’’ agencies, including— leaders, tribal community and victims’ advo- and inserting ‘‘or offenses processed by the ‘‘(A) the types of crimes alleged; cates, and tribal justice officials to gather Central Violations Bureau); or’’; and ‘‘(B) the statuses of the accused as Indians information from, and share appropriate in- (2) in paragraph (3)— or non-Indians; formation with, tribal justice officials. (A) in subparagraph (B), by striking ‘‘, or’’ ‘‘(C) the statuses of the victims as Indians ‘‘(5) Coordinating with tribal prosecutors at the end and inserting a semicolon; or non-Indians; and in cases in which a tribal government has (B) in subparagraphs (B) and (C), by strik- ‘‘(D) the reasons for deciding to decline or concurrent jurisdiction over an alleged ing ‘‘reasonable grounds’’ each place it ap- terminate the prosecutions. crime, in advance of the expiration of any pears and inserting ‘‘probable cause’’; ‘‘(b) ANNUAL REPORTS.—The Attorney Gen- applicable statute of limitation. (C) in subparagraph (C), by adding ‘‘or’’ at eral shall submit to Congress annual reports ‘‘(6) Providing technical assistance and the end; and containing, with respect to the applicable training regarding evidence gathering tech- (D) by adding at the end the following: calendar year, the information compiled niques and strategies to address victim and ‘‘(D)(i) the offense involves— under paragraphs (2) and (4) of subsection witness protection to tribal justice officials ‘‘(I) a misdemeanor controlled substance (a)— and other individuals and entities that are offense in violation of— ‘‘(1) organized— instrumental to responding to Indian coun- ‘‘(aa) the Controlled Substances Act (21 ‘‘(A) in the aggregate; and try crimes. U.S.C. 801 et seq.); ‘‘(B)(i) for the Federal Bureau of Investiga- ‘‘(7) Conducting training sessions and semi- ‘‘(bb) title IX of the Personal Responsi- tion, by Field Division; and nars to certify special law enforcement com- bility and Work Opportunity Reconciliation ‘‘(ii) for United States Attorneys, by Fed- missions to tribal justice officials and other Act of 1996 (21 U.S.C. 862a et seq.); or eral judicial district; and individuals and entities responsible for re- ‘‘(cc) section 731 of the USA PATRIOT Im- ‘‘(2) including any relevant explanatory sponding to Indian country crimes. provement and Reauthorization Act of 2005 statements. ‘‘(8) Coordinating with the Office of Tribal (21 U.S.C. 865); ‘‘(c) EFFECT OF SECTION.— Justice, as necessary. ‘‘(II) a misdemeanor firearms offense in ‘‘(1) IN GENERAL.—Nothing in this section ‘‘(9) Conducting such other activities to ad- violation of chapter 44 of title 18, United requires any Federal agency or official to dress and prevent violent crime in Indian States Code; transfer or disclose any confidential, privi- country as the applicable United States At- ‘‘(III) a misdemeanor assault in violation leged, or statutorily protected communica- torney determines to be appropriate. of chapter 7 of title 18, United States Code; tion, information, or source to an official of ‘‘(c) EFFECT OF SECTION.—Nothing in this or any Indian tribe. section limits the authority of any United ‘‘(IV) a misdemeanor liquor trafficking of- ‘‘(2) FEDERAL RULES OF CRIMINAL PROCE- States Attorney to determine the duties of a fense in violation of chapter 59 of title 18, DURE.—Nothing in this section affects or lim- tribal liaison officer to meet the needs of the United States Code; and its the requirements of Rule 6 of the Federal Indian tribes located within the relevant ‘‘(ii) the employee has probable cause to Rules of Criminal Procedure. Federal district. believe that the individual to be arrested has ‘‘(3) REGULATIONS.—The Attorney General ‘‘(d) ENHANCED PROSECUTION OF MINOR committed, or is committing, the crime;’’. shall establish, by regulation, standards for CRIMES.— SEC. 102. DISPOSITION REPORTS. the protection of the confidential or privi- ‘‘(1) IN GENERAL.—Each United States At- Section 10 of the Indian Law Enforcement leged communications, information, and torney serving a district that includes Indian Reform Act (25 U.S.C. 2809) is amended by sources described in this section.’’. country is authorized and encouraged— striking subsections (a) through (d) and in- SEC. 103. PROSECUTION OF CRIMES IN INDIAN ‘‘(A) to appoint Special Assistant United serting the following: COUNTRY. States Attorneys pursuant to section 543(a) ‘‘(a) COORDINATION AND DATA COLLECTION.— (a) APPOINTMENT OF SPECIAL PROSECU- of title 28, United States Code, to prosecute ‘‘(1) INVESTIGATIVE COORDINATION.—Subject TORS.— crimes in Indian country as necessary to im- to subsection (c), if a law enforcement officer (1) IN GENERAL.—Section 543 of title 28, prove the administration of justice, and par- or employee of any Federal department or United States Code, is amended— ticularly when— agency terminates an investigation of an al- (A) in subsection (a), by inserting before ‘‘(i) the crime rate exceeds the national av- leged violation of Federal criminal law in In- the period at the end the following: ‘‘, in- erage crime rate; or dian country without referral for prosecu- cluding the appointment of qualified tribal ‘‘(ii) the rate at which criminal offenses tion, the officer or employee shall coordinate prosecutors and other qualified attorneys to are declined to be prosecuted exceeds the na- with the appropriate tribal law enforcement assist in prosecuting Federal offenses com- tional average declination rate; officials regarding the status of the inves- mitted in Indian country’’; and ‘‘(B) to coordinate with applicable United tigation and the use of evidence relevant to (B) by adding at the end the following: States district courts regarding scheduling the case in a tribal court with authority over ‘‘(c) INDIAN COUNTRY.—In this section, the of Indian country matters and holding trials the crime alleged. term ‘Indian country’ has the meaning given or other proceedings in Indian country, as ‘‘(2) INVESTIGATION DATA.—The Federal Bu- that term in section 1151 of title 18.’’. appropriate; reau of Investigation shall compile, on an (2) SENSE OF CONGRESS REGARDING CON- ‘‘(C) to provide to appointed Special Assist- annual basis and by Field Division, informa- SULTATION.—It is the sense of Congress that, ant United States Attorneys appropriate tion regarding decisions not to refer to an in appointing attorneys under section 543 of training, supervision, and staff support; and appropriate prosecuting authority cases in title 28, United States Code, to serve as spe- ‘‘(D) to provide technical and other assist- which investigations had been opened into cial prosecutors in Indian country, the At- ance to tribal governments and tribal court an alleged crime in Indian country, includ- torney General should consult with tribal systems to ensure that the goals of this sub- ing— justice officials of each Indian tribe that section are achieved. ‘‘(A) the types of crimes alleged; would be affected by the appointment. ‘‘(2) SENSE OF CONGRESS REGARDING CON- ‘‘(B) the statuses of the accused as Indians (b) TRIBAL LIAISONS.— SULTATION.—It is the sense of Congress that, or non-Indians; (1) IN GENERAL.—The Indian Law Enforce- in appointing Special Assistant United ‘‘(C) the statuses of the victims as Indians ment Reform Act (25 U.S.C. 2801 et seq.) is States Attorneys under this subsection, a or non-Indians; and amended by adding at the end the following: United States Attorney should consult with ‘‘(D) the reasons for deciding against refer- ‘‘SEC. 13. ASSISTANT UNITED STATES ATTORNEY tribal justice officials of each Indian tribe ring the investigation for prosecution. TRIBAL LIAISONS. that would be affected by the appointment.’’. ‘‘(3) PROSECUTORIAL COORDINATION.—Sub- ‘‘(a) APPOINTMENT.—The United States At- (2) SENSE OF CONGRESS REGARDING EVALUA- ject to subsection (c), if a United States At- torney for each district that includes Indian TIONS OF TRIBAL LIAISONS.— torney declines to prosecute, or acts to ter- country shall appoint not less than 1 assist- (A) FINDINGS.—Congress finds that—

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5368 CONGRESSIONAL RECORD — SENATE June 23, 2010 (i) many residents of Indian country rely ‘‘SEC. 14. NATIVE AMERICAN ISSUES COORDI- (1) in paragraph (1)— solely on United States Attorneys offices to NATOR. (A) by striking ‘‘(e)(1) The Secretary’’ and prosecute felony and misdemeanor crimes ‘‘(a) ESTABLISHMENT.—There is established inserting the following: occurring on Indian land; and in the Executive Office for United States At- ‘‘(e) STANDARDS OF EDUCATION AND EXPERI- (ii) tribal liaisons have dual obligations torneys of the Department of Justice a posi- ENCE AND CLASSIFICATION OF POSITIONS.— of— tion to be known as the ‘Native American ‘‘(1) STANDARDS OF EDUCATION AND EXPERI- (I) coordinating prosecutions of Indian Issues Coordinator’. ENCE.— country crime; and ‘‘(b) DUTIES.—The Native American Issues Coordinator shall— ‘‘(A) IN GENERAL.—The Secretary’’; and (II) developing relationships with residents (B) by adding at the end the following: of Indian country and serving as a link be- ‘‘(1) coordinate with the United States At- ‘‘(B) REQUIREMENTS FOR TRAINING.—The tween Indian country residents and the Fed- torneys that have authority to prosecute crimes in Indian country; training standards established under sub- eral justice process. paragraph (A)— (B) SENSE OF CONGRESS.—It is the sense of ‘‘(2) coordinate prosecutions of crimes of national significance in Indian country, as ‘‘(i) shall be consistent with standards ac- Congress that the Attorney General should— cepted by the Federal Law Enforcement (i) take all appropriate actions to encour- determined by the Attorney General; ‘‘(3) coordinate as necessary with other Training Accreditation commission for law age the aggressive prosecution of all Federal enforcement officers attending similar pro- crimes committed in Indian country; and components of the Department of Justice and any relevant advisory groups to the At- grams; and (ii) when appropriate, take into consider- ‘‘(ii) shall include, or be supplemented by, ation the dual responsibilities of tribal liai- torney General or the Deputy Attorney Gen- eral; and instruction regarding Federal sources of au- sons described in subparagraph (A)(ii) in thority and jurisdiction, Federal crimes, evaluating the performance of the tribal liai- ‘‘(4) carry out such other duties as the At- torney General may prescribe.’’. Federal rules of criminal procedure, and con- sons. stitutional law to bridge the gap between TITLE II—STATE ACCOUNTABILITY AND SEC. 104. ADMINISTRATION. State training and Federal requirements. COORDINATION (a) OFFICE OF TRIBAL JUSTICE.— ‘‘(C) TRAINING AT STATE, TRIBAL, AND LOCAL SEC. 201. STATE CRIMINAL JURISDICTION AND ACADEMIES.—Law enforcement personnel of (1) DEFINITIONS.—Section 4 of the Indian RESOURCES. Tribal Justice Technical and Legal Assist- the Office of Justice Services or an Indian (a) CONCURRENT AUTHORITY OF UNITED tribe may satisfy the training standards es- ance Act of 2000 (25 U.S.C. 3653) is amended— STATES.—Section 401(a) of the Indian Civil (A) by redesignating paragraphs (2) tablished under subparagraph (A) through Rights Act of 1968 (25 U.S.C. 1321(a)) is training at a State or tribal police academy, through (7) as paragraphs (3) through (8), re- amended— spectively; and a State, regional, local, or tribal college or (1) by striking the section designation and university, or other training academy (in- (B) by inserting after paragraph (1) the fol- heading and all that follows through ‘‘The lowing: cluding any program at a State, regional, consent of the United States’’ and inserting local, or tribal college or university) that ‘‘(2) DIRECTOR.—The term ‘Director’ means the following: the Director of the Office of Tribal Justice.’’. meets the appropriate Peace Officer Stand- ‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL ards of Training. (2) STATUS.—Title I of the Indian Tribal JURISDICTION. ‘‘(D) MAXIMUM AGE REQUIREMENT.—Pursu- Justice Technical and Legal Assistance Act ‘‘(a) CONSENT OF UNITED STATES.— ant to section 3307(e) of title 5, United States of 2000 is amended— ‘‘(1) IN GENERAL.—The consent of the Code, the Secretary may employ as a law en- (A) by redesignating section 106 (25 U.S.C. United States’’; and forcement officer under section 4 any indi- 3666) as section 107; and (2) by adding at the end the following: vidual under the age of 47, if the individual (B) by inserting after section 105 (25 U.S.C. ‘‘(2) CONCURRENT JURISDICTION.—At the re- meets all other applicable hiring require- 3665) the following: quest of an Indian tribe, and after consulta- ments for the applicable law enforcement po- tion with and consent by the Attorney Gen- ‘‘SEC. 106. OFFICE OF TRIBAL JUSTICE. sition.’’; eral, the United States shall accept concur- ‘‘(a) IN GENERAL.—Not later than 90 days (2) in paragraph (3), by striking ‘‘Agencies’’ rent jurisdiction to prosecute violations of after the date of enactment of the Tribal and inserting ‘‘agencies’’; and sections 1152 and 1153 of title 18, United Law and Order Act of 2010, the Attorney Gen- (3) by adding at the end the following: States Code, within the Indian country of eral shall establish the Office of Tribal Jus- ‘‘(4) BACKGROUND CHECKS FOR TRIBAL JUS- the Indian tribe.’’. tice as a component of the Department. TICE OFFICIALS.— (b) APPLICABLE LAW.—Section 1162 of title ‘‘(A) IN GENERAL.—The Office of Justice ‘‘(b) PERSONNEL AND FUNDING.—The Attor- 18, United States Code, is amended by adding Services shall develop standards and dead- ney General shall provide to the Office of at the end the following: Tribal Justice such personnel and funds as ‘‘(d) Notwithstanding subsection (c), at the lines for the provision of background checks are necessary to establish the Office of Trib- request of an Indian tribe, and after con- to tribal law enforcement and corrections of- al Justice as a component of the Department sultation with and consent by the Attorney ficials. under subsection (a). General— ‘‘(B) TIMING.—If a request for a background ‘‘(1) sections 1152 and 1153 shall apply in check is made by an Indian tribe that has ‘‘(c) DUTIES.—The Office of Tribal Justice contracted or entered into a compact for law shall— the areas of the Indian country of the Indian tribe; and enforcement or corrections services with the ‘‘(1) serve as the program and legal policy Bureau of Indian Affairs pursuant to the In- advisor to the Attorney General with respect ‘‘(2) jurisdiction over those areas shall be concurrent among the Federal Government, dian Self-Determination and Education As- to the treaty and trust relationship between sistance Act (25 U.S.C. 450 et seq.), the Office the United States and Indian tribes; State governments, and, where applicable, tribal governments.’’. of Justice Services shall complete the check ‘‘(2) serve as the point of contact for feder- not later than 60 days after the date of re- SEC. 202. STATE, TRIBAL, AND LOCAL LAW EN- ally recognized tribal governments and trib- ceipt of the request, unless an adequate rea- al organizations with respect to questions FORCEMENT COOPERATION. The Attorney General may provide tech- son for failure to respond by that date is pro- and comments regarding policies and pro- vided to the Indian tribe in writing.’’. grams of the Department and issues relating nical and other assistance to State, tribal, to public safety and justice in Indian coun- and local governments that enter into coop- (b) SPECIAL LAW ENFORCEMENT COMMIS- try; and erative agreements, including agreements SIONS.—Section 5 of the Indian Law Enforce- ‘‘(3) coordinate with other bureaus, agen- relating to mutual aid, hot pursuit of sus- ment Reform Act (25 U.S.C. 2804) is amend- cies, offices, and divisions within the Depart- pects, and cross-deputization for the pur- ed— ment of Justice to ensure that each compo- poses of— (1) by striking ‘‘(a) The Secretary may nent has an accountable process to ensure (1) improving law enforcement effective- enter into an agreement’’ and inserting the meaningful and timely consultation with ness; following: (2) reducing crime in Indian country and tribal leaders in the development of regu- ‘‘(a) AGREEMENTS.— nearby communities; and latory policies and other actions that af- ‘‘(1) IN GENERAL.—Not later than 180 days fect— (3) developing successful cooperative rela- after the date of enactment of the Tribal ‘‘(A) the trust responsibility of the United tionships that effectively combat crime in Law and Order Act of 2010, the Secretary States to Indian tribes; Indian country and nearby communities. shall establish procedures to enter into ‘‘(B) any tribal treaty provision; TITLE III—EMPOWERING TRIBAL LAW EN- memoranda of agreement’’; ‘‘(C) the status of Indian tribes as sov- FORCEMENT AGENCIES AND TRIBAL (2) in the second sentence, by striking ereign governments; or GOVERNMENTS ‘‘The Secretary’’ and inserting the following: ‘‘(D) any other tribal interest.’’. SEC. 301. TRIBAL POLICE OFFICERS. ‘‘(2) CERTAIN ACTIVITIES.—The Secretary’’; (b) NATIVE AMERICAN ISSUES COORDI- (a) FLEXIBILITY IN TRAINING LAW ENFORCE- and NATOR.—The Indian Law Enforcement Re- MENT OFFICERS SERVING INDIAN COUNTRY.— (3) by adding at the end the following: form Act (25 U.S.C. 2801 et seq.) (as amended Section 3(e) of the Indian Law Enforcement ‘‘(3) PROGRAM ENHANCEMENT.— by section 103(b)) is amended by adding at Reform Act (25 U.S.C. 2802(e)) (as amended by ‘‘(A) TRAINING SESSIONS IN INDIAN COUN- the end the following: section 101(b)(4)) is amended— TRY.—

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‘‘(i) IN GENERAL.—The procedures described ‘‘(c) PLACE OF INCORPORATION AND DOMI- ‘‘(B) any other officers provided for in the in paragraph (1) shall include the develop- CILE.—The Foundation shall be incorporated constitution and bylaws of the Foundation. ment of a plan to enhance the certification and domiciled in the District of Columbia. ‘‘(2) CHIEF OPERATING OFFICER.— and provision of special law enforcement ‘‘(d) DUTIES.—The Foundation shall— ‘‘(A) SECRETARY.—Subject to subparagraph commissions to tribal law enforcement offi- ‘‘(1) encourage, accept, and administer, in (B), the Secretary of the Foundation may cials, and, subject to subsection (d), State accordance with the terms of each donation, serve, at the direction of the Board, as the and local law enforcement officials, pursuant private gifts of real and personal property, chief operating officer of the Foundation. to this section. and any income from or interest in such ‘‘(B) APPOINTMENT.—The Board may ap- ‘‘(ii) INCLUSIONS.—The plan under clause (i) gifts, for the benefit of, or in support of, pub- point a chief operating officer in lieu of the shall include the hosting of regional training lic safety and justice services in American Secretary of the Foundation under subpara- sessions in Indian country, not less fre- Indian and Alaska Native communities; and graph (A), who shall serve at the direction of quently than biannually, to educate and cer- ‘‘(2) assist the Office of Justice Services of the Board. tify candidates for the special law enforce- the Bureau of Indian Affairs and Indian trib- ‘‘(3) ELECTION.—The manner of election, ment commissions. al governments in funding and conducting term of office, and duties of the officers of ‘‘(B) MEMORANDA OF AGREEMENT.— activities and providing education to ad- the Foundation shall be as provided in the ‘‘(i) IN GENERAL.—Not later than 180 days vance and support the provision of public constitution and bylaws of the Foundation. after the date of enactment of the Tribal safety and justice services in American In- ‘‘(h) POWERS.—The Foundation— Law and Order Act of 2010, the Secretary, in dian and Alaska Native communities. ‘‘(1) shall adopt a constitution and bylaws consultation with Indian tribes and tribal ‘‘(e) COMMITTEE FOR THE ESTABLISHMENT OF for the management of the property of the law enforcement agencies, shall develop min- THE INDIAN LAW ENFORCEMENT FOUNDATION.— Foundation and the regulation of the affairs imum requirements to be included in special ‘‘(1) IN GENERAL.—The Secretary shall es- of the Foundation; law enforcement commission agreements tablish a committee, to be known as the ‘‘(2) may adopt and alter a corporate seal; pursuant to this section. ‘Committee for the Establishment of the In- ‘‘(3) may enter into contracts; ‘‘(ii) SUBSTANCE OF AGREEMENTS.—Each dian Law Enforcement Foundation’, to assist ‘‘(4) may acquire (through gift or other- agreement entered into pursuant to this sec- the Secretary in establishing the Founda- wise), own, lease, encumber, and transfer tion shall reflect the status of the applicable tion. real or personal property as necessary or certified individual as a Federal law enforce- ‘‘(2) DUTIES.—Not later than 180 days after convenient to carry out the purposes of the ment officer under subsection (f), acting the date of enactment of this section, the Foundation; within the scope of the duties described in Committee shall— ‘‘(5) may sue and be sued; and section 3(c). ‘‘(A) carry out such activities as are nec- ‘‘(6) may perform any other act necessary ‘‘(iii) AGREEMENT.—Not later than 60 days essary to incorporate the Foundation under and proper to carry out the purposes of the after the date on which the Secretary deter- the laws of the District of Columbia, includ- Foundation. mines that all applicable requirements under ing acting as incorporators of the Founda- ‘‘(i) PRINCIPAL OFFICE.— clause (i) are met, the Secretary shall offer tion; ‘‘(1) IN GENERAL.—The principal office of to enter into a special law enforcement com- ‘‘(B) ensure that the Foundation qualifies the Foundation shall be located in the Dis- mission agreement with the Indian tribe.’’. for and maintains the status required to trict of Columbia. (c) INDIAN LAW ENFORCEMENT FOUNDA- carry out this section, until the date on ‘‘(2) ACTIVITIES; OFFICES.—The activities of TION.—The Indian Self-Determination and which the Board is established; the Foundation may be conducted, and of- Education Assistance Act (25 U.S.C. 450 et ‘‘(C) establish the constitution and initial fices may be maintained, throughout the seq.) is amended by adding at the end the fol- bylaws of the Foundation; United States in accordance with the con- lowing: ‘‘(D) provide for the initial operation of the stitution and bylaws of the Foundation. Foundation, including providing for tem- ‘‘(j) SERVICE OF PROCESS.—The Foundation ‘‘TITLE VII—INDIAN LAW ENFORCEMENT shall comply with the law on service of proc- porary or interim quarters, equipment, and FOUNDATION ess of each State in which the Foundation is staff; and incorporated and of each State in which the ‘‘SEC. 701. DEFINITIONS. ‘‘(E) appoint the initial members of the Foundation carries on activities. ‘‘In this title: Board in accordance with the constitution ‘‘(k) LIABILITY OF OFFICERS, EMPLOYEES, ‘‘(1) BOARD.—The term ‘Board’ means the and initial bylaws of the Foundation. AND AGENTS.— Board of Directors of the Foundation. ‘‘(f) BOARD OF DIRECTORS.— ‘‘(1) IN GENERAL.—The Foundation shall be ‘‘(2) BUREAU.—The term ‘Bureau’ means ‘‘(1) IN GENERAL.—The Board of Directors liable for the acts of the officers, employees, the Office of Justice Services of the Bureau shall be the governing body of the Founda- and agents of the Foundation acting within of Indian Affairs. tion. the scope of the authority of the officers, ‘‘(3) COMMITTEE.—The term ‘Committee’ ‘‘(2) POWERS.—The Board may exercise, or employees, and agents. means the Committee for the Establishment provide for the exercise of, the powers of the ‘‘(2) PERSONAL LIABILITY.—A member of the of the Indian Law Enforcement Foundation Foundation. Board shall be personally liable only for established under section 702(e)(1). ‘‘(3) SELECTION.— gross negligence in the performance of the ‘‘(4) FOUNDATION.—The term ‘Foundation’ ‘‘(A) IN GENERAL.—Subject to subparagraph duties of the member. means the Indian Law Enforcement Founda- (B), the number of members of the Board, the ‘‘(l) RESTRICTIONS.— tion established under section 702. manner of selection of the members (includ- ‘‘(1) LIMITATION ON SPENDING.—Beginning ‘‘(5) SECRETARY.—The term ‘Secretary’ ing the filling of vacancies), and the terms of with the fiscal year following the first full means the Secretary of the Interior. office of the members shall be as provided in fiscal year during which the Foundation is in ‘‘SEC. 702. INDIAN LAW ENFORCEMENT FOUNDA- the constitution and bylaws of the Founda- operation, the administrative costs of the TION. tion. Foundation shall not exceed the percentage ‘‘(a) ESTABLISHMENT.— ‘‘(B) REQUIREMENTS.— described in paragraph (2) of the sum of— ‘‘(1) IN GENERAL.—As soon as practicable ‘‘(i) NUMBER OF MEMBERS.—The Board shall ‘‘(A) the amounts transferred to the Foun- after the date of enactment of this title, the be composed of not less than 7 members. dation under subsection (n) during the pre- Secretary shall establish, under the laws of ‘‘(ii) INITIAL VOTING MEMBERS.—The initial ceding fiscal year; and the District of Columbia and in accordance voting members of the Board— ‘‘(B) donations received from private with this title, a foundation, to be known as ‘‘(I) shall be appointed by the Committee sources during the preceding fiscal year. the ‘Indian Law Enforcement Foundation’. not later than 180 days after the date on ‘‘(2) PERCENTAGES.—The percentages re- ‘‘(2) FUNDING DETERMINATIONS.—No funds, which the Foundation is established; and ferred to in paragraph (1) are— gift, property, or other item of value (includ- ‘‘(II) shall serve for staggered terms. ‘‘(A) for the first 2 fiscal years described in ing any interest accrued on such an item) ac- ‘‘(iii) QUALIFICATION.—The members of the that paragraph, 25 percent; quired by the Foundation shall— Board shall be United States citizens with ‘‘(B) for the following fiscal year, 20 per- ‘‘(A) be taken into consideration for pur- knowledge or experience regarding public cent; and poses of determining Federal appropriations safety and justice in Indian and Alaska Na- ‘‘(C) for each fiscal year thereafter, 15 per- relating to the provision of public safety or tive communities. cent. justice services to Indians; or ‘‘(C) COMPENSATION.—A member of the ‘‘(3) APPOINTMENT AND HIRING.—The ap- ‘‘(B) otherwise limit, diminish, or affect Board shall not receive compensation for pointment of officers and employees of the the Federal responsibility for the provision service as a member, but shall be reimbursed Foundation shall be subject to the avail- of public safety or justice services to Indi- for actual and necessary travel and subsist- ability of funds. ans. ence expenses incurred in the performance of ‘‘(4) STATUS.—A member of the Board or of- ‘‘(b) NATURE OF CORPORATION.—The Foun- the duties of the Foundation. ficer, employee, or agent of the Foundation dation— ‘‘(g) OFFICERS.— shall not by reason of association with the ‘‘(1) shall be a charitable and nonprofit fed- ‘‘(1) IN GENERAL.—The officers of the Foun- Foundation be considered to be an officer, erally chartered corporation; and dation shall be— employee, or agent of the United States. ‘‘(2) shall not be an agency or instrumen- ‘‘(A) a Secretary, elected from among the ‘‘(m) AUDITS.—The Foundation shall com- tality of the United States. members of the Board; and ply with section 10101 of title 36, United

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5370 CONGRESSIONAL RECORD — SENATE June 23, 2010 States Code, as if the Foundation were a cor- (1) in subsection (a)— any penalty or punishment greater than im- poration under part B of subtitle II of that (A) by inserting ‘‘tribal,’’ after ‘‘State,’’ prisonment for a term of 1 year or a fine of title. each place it appears; and $5,000, or both; ‘‘(n) FUNDING.—For each of fiscal years 2011 (B) in paragraphs (6) and (7), by inserting ‘‘(C) subject to subsection (b), impose for through 2015, out of any unobligated ‘‘, tribal,’’ after ‘‘State’’ each place it ap- conviction of any 1 offense any penalty or amounts available to the Secretary, the Sec- pears; and punishment greater than imprisonment for a retary may use to carry out this section not (2) in subsection (d)(1), by inserting ‘‘, trib- term of 3 years or a fine of $15,000, or both; more than $500,000. al,’’ after ‘‘State’’. or ‘‘SEC. 703. ADMINISTRATIVE SERVICES AND SUP- (d) POWERS OF ENFORCEMENT PERSONNEL.— ‘‘(D) impose on a person in a criminal pro- PORT. Section 508(a) of the Controlled Substances ceeding a total penalty or punishment great- ‘‘(a) PROVISION OF SUPPORT BY SEC- Act (21 U.S.C. 878(a)) is amended in the mat- er than imprisonment for a term of 9 years;’’; RETARY.—Subject to subsection (b), during ter preceding paragraph (1) by inserting ‘‘, and the 5-year period beginning on the date on tribal,’’ after ‘‘State’’. (3) by adding at the end the following: which the Foundation is established, the (e) EFFECT OF GRANTS.—Nothing in this ‘‘(b) OFFENSES SUBJECT TO GREATER THAN Secretary— section or any amendment made by this sec- 1-YEAR IMPRISONMENT OR A FINE GREATER tion— ‘‘(1) may provide personnel, facilities, and THAN $5,000.—A tribal court may subject a other administrative support services to the (1) allows the grant to be made to, or used defendant to a term of imprisonment greater Foundation; by, an entity for law enforcement activities than 1 year but not to exceed 3 years for any ‘‘(2) may provide funds for initial operating that the entity lacks jurisdiction to perform; 1 offense, or a fine greater than $5,000 but not costs and to reimburse the travel expenses of or to exceed $15,000, or both, if the defendant is the members of the Board; and (2) has any effect other than to authorize, a person accused of a criminal offense who— ‘‘(3) shall require and accept reimburse- award, or deny a grant of funds to a federally ‘‘(1) has been previously convicted of the ments from the Foundation for— recognized Indian tribe for the purposes de- same or a comparable offense by any juris- ‘‘(A) services provided under paragraph (1); scribed in the relevant grant program. diction in the United States; or and SEC. 303. ACCESS TO NATIONAL CRIMINAL IN- ‘‘(2) is being prosecuted for an offense com- ‘‘(B) funds provided under paragraph (2). FORMATION DATABASES. parable to an offense that would be punish- (a) ACCESS TO NATIONAL CRIMINAL INFORMA- ‘‘(b) REIMBURSEMENT.—Reimbursements able by more than 1 year of imprisonment if TION DATABASES.—Section 534 of title 28, accepted under subsection (a)(3)— prosecuted by the United States or any of United States Code, is amended— ‘‘(1) shall be deposited in the Treasury of the States. (1) in subsection (a)(4), by inserting ‘‘In- the United States to the credit of the appli- ‘‘(c) RIGHTS OF DEFENDANTS.—In a criminal dian tribes,’’ after ‘‘the States,’’; cable appropriations account; and proceeding in which an Indian tribe, in exer- (2) by striking subsection (d) and inserting ‘‘(2) shall be chargeable for the cost of pro- cising powers of self-government, imposes a the following: viding services described in subsection (a)(1) ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.— total term of imprisonment of more than 1 and travel expenses described in subsection The Attorney General shall permit tribal year on a defendant, the Indian tribe shall— (a)(2). and Bureau of Indian Affairs law enforce- ‘‘(1) provide to the defendant the right to ‘‘(c) CONTINUATION OF CERTAIN SERVICES.— ment agencies— effective assistance of counsel at least equal The Secretary may continue to provide fa- ‘‘(1) to access and enter information into to that guaranteed by the United States cilities and necessary support services to the Federal criminal information databases; and Constitution; and Foundation after the termination of the 5- ‘‘(2) to obtain information from the data- ‘‘(2) at the expense of the tribal govern- year period specified in subsection (a) if the bases.’’; ment, provide an indigent defendant the as- facilities and services are— (3) by redesignating the second subsection sistance of a defense attorney licensed to ‘‘(1) available; and (e) as subsection (f); and practice law by any jurisdiction in the ‘‘(2) provided on reimbursable cost basis.’’. (4) in paragraph (2) of subsection (f) (as re- United States that applies appropriate pro- (d) TECHNICAL AMENDMENTS.—The Indian designated by paragraph (3)), in the matter fessional licensing standards and effectively Self-Determination and Education Assist- preceding subparagraph (A), by inserting ‘‘, ensures the competence and professional re- ance Act is amended— tribal,’’ after ‘‘Federal’’. sponsibility of its licensed attorneys; (1) by redesignating title V (25 U.S.C. (b) REQUIREMENT.— ‘‘(3) require that the judge presiding over 458bbb et seq.) as title VIII and moving the (1) IN GENERAL.—The Attorney General the criminal proceeding— title so as to appear at the end of the Act; shall ensure that tribal law enforcement offi- ‘‘(A) has sufficient legal training to preside (2) by redesignating sections 501, 502, and cials that meet applicable Federal or State over criminal proceedings; and 503 (25 U.S.C. 458bbb, 458bbb–1, 458bbb–2) as requirements be permitted access to na- ‘‘(B) is licensed to practice law by any ju- sections 801, 802, and 803, respectively; and tional crime information databases. risdiction in the United States; (3) in subsection (a)(2) of section 802 and (2) SANCTIONS.—For purpose of sanctions ‘‘(4) prior to charging the defendant, make paragraph (2) of section 803 (as redesignated for noncompliance with requirements of, or publicly available the criminal laws (includ- by paragraph (2)), by striking ‘‘section 501’’ misuse of, national crime information data- ing regulations and interpretative docu- and inserting ‘‘section 801’’. bases and information obtained from those ments), rules of evidence, and rules of crimi- (e) ACCEPTANCE AND ASSISTANCE.—Section databases, a tribal law enforcement agency nal procedure (including rules governing the 5 of the Indian Law Enforcement Reform Act or official shall be treated as Federal law en- recusal of judges in appropriate cir- (25 U.S.C. 2804) is amended by adding at the forcement agency or official. cumstances) of the tribal government; and end the following: (3) NCIC.—Each tribal justice official serv- ‘‘(5) maintain a record of the criminal pro- ‘‘(g) ACCEPTANCE OF ASSISTANCE.—The Bu- ing an Indian tribe with criminal jurisdic- ceeding, including an audio or other record- reau may accept reimbursement, resources, tion over Indian country shall be considered ing of the trial proceeding. assistance, or funding from— to be an authorized law enforcement official ‘‘(d) SENTENCES.—In the case of a defend- ‘‘(1) a Federal, tribal, State, or other gov- for purposes of access to the National Crime ant sentenced in accordance with sub- ernment agency; or Information Center of the Federal Bureau of sections (b) and (c), a tribal court may re- ‘‘(2) the Indian Law Enforcement Founda- Investigation. quire the defendant— tion established under section 701(a) of the SEC. 304. TRIBAL COURT SENTENCING AUTHOR- ‘‘(1) to serve the sentence— Indian Self-Determination and Education ITY. ‘‘(A) in a tribal correctional center that Assistance Act.’’. (a) INDIVIDUAL RIGHTS.—Section 202 of the has been approved by the Bureau of Indian SEC. 302. DRUG ENFORCEMENT IN INDIAN COUN- Indian Civil Rights Act of 1968 (25 U.S.C. Affairs for long-term incarceration, in ac- TRY. 1302), is amended— cordance with guidelines to be developed by (a) EDUCATION AND RESEARCH PROGRAMS.— (1) in the matter preceding paragraph (1), the Bureau of Indian Affairs (in consultation Section 502 of the Controlled Substances Act by striking ‘‘No Indian tribe’’ and inserting with Indian tribes) not later than 180 days (21 U.S.C. 872) is amended in subsections the following: after the date of enactment of the Tribal (a)(1) and (c), by inserting ‘‘ tribal,’’ after ‘‘(a) IN GENERAL.—No Indian tribe’’; Law and Order Act of 2010; ‘‘State,’’ each place it appears. (2) in subsection (a) (as designated by para- ‘‘(B) in the nearest appropriate Federal fa- (b) PUBLIC-PRIVATE EDUCATION PROGRAM.— graph (1))— cility, at the expense of the United States Section 503 of the Comprehensive Meth- (A) in paragraph (6) by inserting ‘‘(except pursuant to the Bureau of Prisons tribal amphetamine Control Act of 1996 (21 U.S.C. as provided in subsection (b)) after ‘‘assist- prisoner pilot program described in section 872a) is amended— ance of counsel for his defense’’; and 304(c) of the Tribal Law and Order Act of (1) in subsection (a), by inserting ‘‘tribal,’’ (B) by striking paragraph (7) and inserting 2010; after ‘‘State,’’; and the following: ‘‘(C) in a State or local government-ap- (2) in subsection (b)(2), by inserting ‘‘, trib- ‘‘(7)(A) require excessive bail, impose ex- proved detention or correctional center pur- al,’’ after ‘‘State’’. cessive fines, or inflict cruel and unusual suant to an agreement between the Indian (c) COOPERATIVE ARRANGEMENTS.—Section punishments; tribe and the State or local government; or 503 of the Controlled Substances Act (21 ‘‘(B) except as provided in subparagraph ‘‘(D) in an alternative rehabilitation center U.S.C. 873) is amended— (C), impose for conviction of any 1 offense of an Indian tribe; or

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‘‘(2) to serve another alternative form of gram under this paragraph shall expire on ‘‘(B) INITIAL MEETING.—The initial meeting punishment, as determined by the tribal the date that is 4 years after the date on shall take place not later than 30 days after court judge pursuant to tribal law. which the program is established. the date described in paragraph (1). ‘‘(e) DEFINITION OF OFFENSE.—In this sec- (d) GRANTS AND CONTRACTS.—Section ‘‘(3) QUORUM.—A majority of the members tion, the term ‘offense’ means a violation of 1007(b) of the Economic Opportunity Act of of the Commission shall constitute a a criminal law. 1964 (42 U.S.C. 2996f(b)) is amended by strik- quorum, but a lesser number of members ‘‘(f) EFFECT OF SECTION.—Nothing in this ing paragraph (2) and inserting the following: may hold hearings. section affects the obligation of the United ‘‘(2) to provide legal assistance with re- ‘‘(4) RULES.—The Commission may estab- States, or any State government that has spect to any criminal proceeding, except to lish, by majority vote, any rules for the con- been delegated authority by the United provide assistance to a person charged with duct of Commission business, in accordance States, to investigate and prosecute any an offense in an Indian tribal court;’’. with this Act and other applicable law. criminal violation in Indian country.’’. ‘‘(d) COMPREHENSIVE STUDY OF CRIMINAL (b) REPORT.—Not later than 4 years after SEC. 305. INDIAN LAW AND ORDER COMMISSION. JUSTICE SYSTEM RELATING TO INDIAN COUN- the date of enactment of this Act, the Attor- The Indian Law Enforcement Reform Act TRY.—The Commission shall conduct a com- ney General, in coordination with the Sec- (25 U.S.C. 2801 et seq.) (as amended by sec- prehensive study of law enforcement and retary of the Interior, shall submit a report tion 104(b)) is amended by adding at the end criminal justice in tribal communities, in- to the appropriate committees of Congress the following: that includes— cluding— ‘‘SEC. 15. INDIAN LAW AND ORDER COMMISSION. (1) a description of the effectiveness of en- ‘‘(1) jurisdiction over crimes committed in hanced tribal court sentencing authority in ‘‘(a) ESTABLISHMENT.—There is established Indian country and the impact of that juris- curtailing violence and improving the ad- a commission to be known as the Indian Law diction on— ministration of justice on Indian lands; and and Order Commission (referred to in this ‘‘(A) the investigation and prosecution of (2) a recommendation of whether enhanced section as the ‘Commission’). Indian country crimes; and sentencing authority should be discontinued, ‘‘(b) MEMBERSHIP.— ‘‘(B) residents of Indian land; enhanced, or maintained at the level author- ‘‘(1) IN GENERAL.—The Commission shall be ‘‘(2) the tribal jail and Federal prisons sys- ized under this division. composed of 9 members, of whom— tems and the effect of those systems with re- (c) BUREAU OF PRISONS TRIBAL PRISONER ‘‘(A) 3 shall be appointed by the President, spect to— PILOT PROGRAM.— in consultation with— ‘‘(A) reducing Indian country crime; and (1) IN GENERAL.—Not later than 120 days ‘‘(i) the Attorney General; and ‘‘(B) rehabilitation of offenders; after the date of enactment of this division, ‘‘(ii) the Secretary; ‘‘(3)(A) tribal juvenile justice systems and the Director of the Bureau of Prisons shall ‘‘(B) 2 shall be appointed by the Majority the Federal juvenile justice system as relat- establish a pilot program under which the Leader of the Senate, in consultation with ing to Indian country; and Bureau of Prisons shall accept offenders con- the Chairpersons of the Committees on In- ‘‘(B) the effect of those systems and related victed in tribal court pursuant to section 202 dian Affairs and the Judiciary of the Senate; programs in preventing juvenile crime, reha- of the Indian Civil Rights Act of 1968 (25 ‘‘(C) 1 shall be appointed by the Minority bilitating Indian youth in custody, and re- U.S.C. 1302) (as amended by this section), Leader of the Senate, in consultation with ducing recidivism among Indian youth; subject to the conditions described in para- the Vice Chairperson and Ranking Member ‘‘(4) the impact of the Indian Civil Rights graph (2). of the Committees on Indian Affairs and the Act of 1968 (25 U.S.C. 1301 et seq.) on— (2) CONDITIONS.— Judiciary of the Senate; ‘‘(A) the authority of Indian tribes; (A) IN GENERAL.—As a condition of partici- ‘‘(D) 2 shall be appointed by the Speaker of ‘‘(B) the rights of defendants subject to pation in the pilot program described in the House of Representatives, in consulta- tribal government authority; and paragraph (1), the tribal court shall submit tion with the Chairpersons of the Commit- ‘‘(C) the fairness and effectiveness of tribal to the Attorney General a request for con- tees on the Judiciary and Natural Resources criminal systems; and finement of the offender, for approval by the of the House of Representatives; and ‘‘(5) studies of such other subjects as the Attorney General (or a designee) by not later ‘‘(E) 1 shall be appointed by the Minority Commission determines relevant to achieve than 30 days after the date of submission. Leader of the House of Representatives, in the purposes of the Tribal Law and Order Act (B) LIMITATIONS.—Requests for confine- consultation with the Ranking Members of of 2010. ment shall be limited to offenders convicted the Committees on the Judiciary and Nat- ‘‘(e) RECOMMENDATIONS.—Taking into con- of a violent crime (comparable to the violent ural Resources of the House of Representa- sideration the results of the study under crimes described in section 1153(a) of title 18, tives. paragraph (1), the Commission shall develop United States Code) for which the sentence ‘‘(2) REQUIREMENTS FOR ELIGIBILITY.—Each recommendations on necessary modifica- includes a term of imprisonment of 2 or more member of the Commission shall have sig- tions and improvements to justice systems years. nificant experience and expertise in— at the tribal, Federal, and State levels, in- (C) CUSTODY CONDITIONS.—The imprison- ‘‘(A) the Indian country criminal justice cluding consideration of— ment by the Bureau of Prisons shall be sub- system; and ‘‘(1) simplifying jurisdiction in Indian ject to the conditions described in section ‘‘(B) matters to be studied by the Commis- country; 5003 of title 18, United States Code, regarding sion. ‘‘(2) improving services and programs— the custody of State offenders, except that ‘‘(3) CONSULTATION REQUIRED.—The Presi- ‘‘(A) to prevent juvenile crime on Indian the offender shall be placed in the nearest dent, the Speaker and Minority Leader of land; available and appropriate Federal facility, the House of Representatives, and the Major- ‘‘(B) to rehabilitate Indian youth in cus- and imprisoned at the expense of the United ity Leader and Minority Leader of the Sen- tody; and States. ate shall consult before the appointment of ‘‘(C) to reduce recidivism among Indian (D) CAP.—The Bureau of Prisons shall con- members of the Commission under paragraph youth; fine not more than 100 tribal offenders at any (1) to achieve, to the maximum extent prac- ‘‘(3) adjustments to the penal authority of time. ticable, fair and equitable representation of tribal courts and exploring alternatives to (3) RESCINDING REQUESTS.— various points of view with respect to the incarceration; (A) IN GENERAL.—The applicable tribal gov- matters to be studied by the Commission. ‘‘(4) the enhanced use of chapter 43 of title ernment shall retain the authority to re- ‘‘(4) TERM.—Each member shall be ap- 28, United States Code (commonly known as scind the request for confinement of a tribal pointed for the life of the Commission. ‘the Federal Magistrates Act’) in Indian offender by the Bureau of Prisons under this ‘‘(5) TIME FOR INITIAL APPOINTMENTS.—The country; paragraph at any time during the sentence of appointment of the members of the Commis- ‘‘(5) effective means of protecting the the offender. sion shall be made not later than 60 days rights of victims and defendants in tribal (B) RETURN TO TRIBAL CUSTODY.—On rescis- after the date of enactment of this Act. criminal justice systems (including defend- sion of a request under subparagraph (A), a ‘‘(6) VACANCIES.—A vacancy in the Com- ants incarcerated for a period of less than 1 tribal offender shall be returned to tribal mission shall be filled— year); custody. ‘‘(A) in the same manner in which the ‘‘(6) changes to the tribal jails and Federal (4) REASSESSMENT.—If tribal court demand original appointment was made; and prison systems; and for participation in this pilot program ex- ‘‘(B) not later than 60 days after the date ‘‘(7) other issues that, as determined by the ceeds 100 tribal offenders, a representative of on which the vacancy occurred. Commission, would reduce violent crime in the Bureau of Prisons shall notify Congress. ‘‘(c) OPERATION.— Indian country. (5) REPORT.—Not later than 3 years after ‘‘(1) CHAIRPERSON.—Not later than 15 days ‘‘(f) REPORT.—Not later than 2 years after the date of establishment of the pilot pro- after the date on which all members of the the date of enactment of this Act, the Com- gram, the Attorney General shall submit to Commission have been appointed, the Com- mission shall submit to the President and Congress a report describing the status of mission shall select 1 member to serve as Congress a report that contains— the program, including recommendations re- Chairperson of the Commission. ‘‘(1) a detailed statement of the findings garding the future of the program, if any. ‘‘(2) MEETINGS.— and conclusions of the Commission; and (6) TERMINATION.—Except as otherwise pro- ‘‘(A) IN GENERAL.—The Commission shall ‘‘(2) the recommendations of the Commis- vided by an Act of Congress, the pilot pro- meet at the call of the Chairperson. sion for such legislative and administrative

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actions as the Commission considers to be ‘‘(1) ESTABLISHMENT.—The Commission and Mental Health Services Administra- appropriate. shall establish a committee, to be known as tion,’’ after ‘‘Bureau of Indian Affairs,’’; ‘‘(g) POWERS.— the ‘Tribal Advisory Committee’. (iii) in paragraph (4), by inserting ‘‘, De- ‘‘(1) HEARINGS.— ‘‘(2) MEMBERSHIP.— partment of Justice, Substance Abuse and ‘‘(A) IN GENERAL.—The Commission may ‘‘(A) COMPOSITION.—The Tribal Advisory Mental Health Services Administration,’’ hold such hearings, meet and act at such Committee shall consist of 2 representatives after ‘‘Bureau of Indian Affairs’’; times and places, take such testimony, and of Indian tribes from each region of the Bu- (iv) in paragraph (5), by inserting ‘‘, De- receive such evidence as the Commission reau of Indian Affairs. partment of Justice, Substance Abuse and considers to be advisable to carry out the du- ‘‘(B) QUALIFICATIONS.—Each member of the Mental Health Services Administration,’’ ties of the Commission under this section. Tribal Advisory Committee shall have expe- after ‘‘Bureau of Indian Affairs’’; ‘‘(B) PUBLIC REQUIREMENT.—The hearings rience relating to— (v) in paragraph (7), by inserting ‘‘, the At- of the Commission under this paragraph ‘‘(i) justice systems; torney General,’’ after ‘‘Secretary of the In- shall be open to the public. ‘‘(ii) crime prevention; or terior’’; ‘‘(2) WITNESS EXPENSES.— ‘‘(iii) victim services. (B) in subsection (c), by inserting ‘‘, the ‘‘(A) IN GENERAL.—A witness requested to ‘‘(3) DUTIES.—The Tribal Advisory Com- Attorney General,’’ after ‘‘Secretary of the appear before the Commission shall be paid mittee shall— Interior’’; and the same fees and allowances as are paid to ‘‘(A) serve as an advisory body to the Com- (C) in subsection (d), by striking ‘‘the date witnesses under section 1821 of title 28, mission; and of enactment of this subtitle’’ and inserting United States Code. ‘‘(B) provide to the Commission advice and ‘‘the date of enactment of the Tribal Law ‘‘(B) PER DIEM AND MILEAGE.—The fees and recommendations, submit materials, docu- and Order Act of 2010’’. allowances for a witness shall be paid from ments, testimony, and such other informa- (2) TRIBAL ACTION PLANS.—Section 4206 of funds made available to the Commission. tion as the Commission determines to be the Indian Alcohol and Substance Abuse Pre- ‘‘(3) INFORMATION FROM FEDERAL, TRIBAL, necessary to carry out the duties of the Com- vention and Treatment Act of 1986 (25 U.S.C. AND STATE AGENCIES.— mission under this section. 2412) is amended— ‘‘(A) IN GENERAL.—The Commission may ‘‘(k) FUNDING.—For the fiscal year after (A) in subsection (b), in the first sentence, secure directly from a Federal agency such the date of enactment of the Tribal Law and by inserting ‘‘, the Office of Justice Pro- information as the Commission considers to Order Act of 2010, out of any unobligated grams, the Substance Abuse and Mental be necessary to carry out this section. amounts available to the Secretary of the In- Health Services Administration,’’ before ‘‘(B) TRIBAL AND STATE AGENCIES.—The terior or the Attorney General, the Sec- ‘‘and the Indian Health Service service Commission may request the head of any retary or the Attorney General may use to unit’’; tribal or State agency to provide to the Com- carry out this section not more than (B) in subsection (c)(1)(A)(i), by inserting mission such information as the Commission $2,000,000. ‘‘, the Office of Justice Programs, the Sub- considers to be necessary to carry out this ‘‘(l) TERMINATION OF COMMISSION.—The stance Abuse and Mental Health Services section. Commission shall terminate 90 days after the Administration,’’ before ‘‘and the Indian ‘‘(4) POSTAL SERVICES.—The Commission date on which the Commission submits the Health Service service unit’’; may use the United States mails in the same report of the Commission under subsection (C) in subsection (d)(2), by striking ‘‘fiscal manner and under the same conditions as (f). year 1993 and such sums as are necessary for other agencies of the Federal Government. ‘‘(m) NONAPPLICABILITY OF FACA.—The each of the fiscal years 1994, 1995, 1996, 1997, ‘‘(5) GIFTS.—The Commission may accept, Federal Advisory Committee Act (5 U.S.C. 1998, 1999, and 2000’’ and inserting ‘‘the period use, and dispose of gifts or donations of serv- App.) shall not apply to the Commission.’’. of fiscal years 2011 through 2015’’; ices or property. SEC. 306. EXEMPTION FOR TRIBAL DISPLAY MA- (D) in subsection (e), in the first sentence, ‘‘(h) COMMISSION PERSONNEL MATTERS.— TERIALS. by inserting ‘‘, the Attorney General,’’ after ‘‘(1) TRAVEL EXPENSES.—A member of the (a) IN GENERAL.—Section 845(a) of title 18, ‘‘the Secretary of the Interior’’; and Commission shall be allowed travel expenses, United States Code is amended— (E) in subsection (f)(3), by striking ‘‘fiscal including per diem in lieu of subsistence, at (1) in paragraph (5), by striking ‘‘and’’ at year 1993 and such sums as are necessary for rates authorized for an employee of an agen- the end; each of the fiscal years 1994, 1995, 1996, 1997, cy under subchapter I of chapter 57 of title 5, (2) in paragraph (6), by striking the period 1998, 1999, and 2000’’ and inserting ‘‘fiscal United States Code, while away from the at the end and inserting ‘‘and’’; and years 2011 through 2015’’. home or regular place of business of the (3) by adding at the end the following: (3) DEPARTMENTAL RESPONSIBILITY.—Sec- member in the performance of the duties of ‘‘(7) the transportation, shipment, receipt, tion 4207 of the Indian Alcohol and Sub- the Commission. or importation of display fireworks mate- stance Abuse Prevention and Treatment Act ‘‘(2) DETAIL OF FEDERAL EMPLOYEES.—On rials for delivery to a federally recognized of 1986 (25 U.S.C. 2413) is amended— the affirmative vote of 2⁄3 of the members of Indian tribe or tribal agency.’’. (A) in subsection (a), by inserting ‘‘, the the Commission and the approval of the ap- (b) DEFINITION OF INDIAN TRIBE.—Section Attorney General’’ after ‘‘Bureau of Indian propriate Federal agency head, an employee 841 of title 18, United States Code is amended Affairs’’; of the Federal Government may be detailed by adding at the end the following: (B) in subsection (b)— to the Commission without reimbursement, ‘‘(t) INDIAN TRIBE.—The term ‘Indian tribe’ (i) by striking paragraph (1) and inserting and such detail shall be without interruption has the meaning given the term in section the following: or loss of civil service status, benefits, or 102 of the Federally Recognized Indian Tribe ‘‘(1) ESTABLISHMENT.— privileges. List Act of 1994 (25 U.S.C. 479a)).’’. ‘‘(A) IN GENERAL.—To improve coordina- (c) TECHNICAL AMENDMENTS.—Section 845 of ‘‘(3) PROCUREMENT OF TEMPORARY AND tion among the Federal agencies and depart- title 18, United States Code is amended— INTERMITTENT SERVICES.—On request of the ments carrying out this subtitle, there is es- Commission, the Attorney General shall pro- (1) in subsection (a), by striking ‘‘sub- tablished within the Substance Abuse and vide to the Commission, on a reimbursable sections’’ in the first place it appears and in- Mental Health Services Administration an basis, reasonable and appropriate office serting ‘‘subsection’’; and office, to be known as the ‘Office of Indian space, supplies, and administrative assist- (2) in subsection (b), by striking ‘‘Sec- Alcohol and Substance Abuse’ (referred to in ance. retary’’ each place it appears and inserting this section as the ‘Office’). ‘‘(i) CONTRACTS FOR RESEARCH.— ‘‘Attorney General’’. ‘‘(B) DIRECTOR.—The director of the Office ‘‘(1) RESEARCHERS AND EXPERTS.— TITLE IV—TRIBAL JUSTICE SYSTEMS shall be appointed by the Administrator of ‘‘(A) IN GENERAL.—On an affirmative vote SEC. 401. INDIAN ALCOHOL AND SUBSTANCE the Substance Abuse and Mental Health of 2⁄3 of the members of the Commission, the ABUSE. Services Administration— Commission may select nongovernmental re- (a) CORRECTION OF REFERENCES.— ‘‘(i) on a permanent basis; and searchers and experts to assist the Commis- (1) INTER-DEPARTMENTAL MEMORANDUM OF ‘‘(ii) at a grade of not less than GS–15 of sion in carrying out the duties of the Com- AGREEMENT.—Section 4205 of the Indian Alco- the General Schedule.’’; mission under this section. hol and Substance Abuse Prevention and (ii) in paragraph (2)— ‘‘(B) NATIONAL INSTITUTE OF JUSTICE.—The Treatment Act of 1986 (25 U.S.C. 2411) is (I) by striking ‘‘(2) In addition’’ and insert- National Institute of Justice may enter into amended— ing the following: a contract with the researchers and experts (A) in subsection (a)— ‘‘(2) RESPONSIBILITIES OF OFFICE.—In addi- selected by the Commission under subpara- (i) in the matter preceding paragraph (1)— tion’’; graph (A) to provide funding in exchange for (I) by striking ‘‘Not later than 120 days (II) by striking subparagraph (A) and in- the services of the researchers and experts. after the date of enactment of this subtitle’’ serting the following: ‘‘(2) OTHER ORGANIZATIONS.—Nothing in and inserting ‘‘Not later than 1 year after ‘‘(A) coordinating with other agencies to this subsection limits the ability of the Com- the date of enactment of the Tribal Law and monitor the performance and compliance of mission to enter into contracts with any Order Act of 2010’’; and the relevant Federal programs in achieving other entity or organization to carry out re- (II) by inserting ‘‘, the Attorney General,’’ the goals and purposes of this subtitle and search necessary to carry out the duties of after ‘‘Secretary of the Interior’’; the Memorandum of Agreement entered into the Commission under this section. (ii) in paragraph (2)(A), by inserting ‘‘, Of- under section 4205;’’; ‘‘(j) TRIBAL ADVISORY COMMITTEE.— fice of Justice Programs, Substance Abuse (III) in subparagraph (B)—

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(aa) by striking ‘‘within the Bureau of In- is amended by striking subsection (a) and in- ‘‘(a) TRAINING PROGRAMS.— dian Affairs’’; and serting the following: ‘‘(1) IN GENERAL.—The Secretary of the In- (bb) by striking the period at the end and ‘‘(a) SUMMER YOUTH PROGRAMS.— terior, in coordination with the Attorney inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—The head of the Indian General, the Administrator of the Drug En- (IV) by adding at the end the following: Alcohol and Substance Abuse Program, in forcement Administration, and the Director ‘‘(C) not later than 1 year after the date of coordination with the Assistant Secretary of the Federal Bureau of Investigation, shall enactment of the Tribal Law and Order Act for Indian Affairs, shall develop and imple- ensure, through the establishment of a new of 2010, developing, in coordination and con- ment programs in tribal schools and schools training program or by supplementing exist- sultation with tribal governments, a frame- funded by the Bureau of Indian Education ing training programs, that all Bureau of In- work for interagency and tribal coordination (subject to the approval of the local school dian Affairs and tribal law enforcement and that— board or contract school board) to determine judicial personnel have access to training re- ‘‘(i) establish the goals and other desired the effectiveness of summer youth programs garding— outcomes of this Act; in advancing the purposes and goals of this ‘‘(A) the investigation and prosecution of ‘‘(ii) prioritizes outcomes that are aligned Act. offenses relating to illegal narcotics; and with the purposes of affected agencies; ‘‘(2) COSTS.—The head of the Indian Alco- ‘‘(B) alcohol and substance abuse preven- ‘‘(iii) provides guidelines for resource and hol and Substance Abuse Program and the tion and treatment. information sharing; Assistant Secretary shall defray all costs as- ‘‘(2) YOUTH-RELATED TRAINING.—Any train- ‘‘(iv) provides technical assistance to the sociated with the actual operation and sup- ing provided to Bureau of Indian Affairs or affected agencies to establish effective and port of the summer youth programs in a tribal law enforcement or judicial personnel permanent interagency communication and school from funds appropriated to carry out under paragraph (1) shall include training in coordination; and this subsection. issues relating to youth alcohol and sub- ‘‘(v) determines whether collaboration is ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— stance abuse prevention and treatment.’’; feasible, cost-effective, and within agency There are authorized to be appropriated to and capability.’’; and carry out the programs under this subsection (2) in subsection (b), by striking ‘‘as may (iii) by striking paragraph (3) and inserting $5,000,000 for each of fiscal years 2011 through be necessary’’ and all that follows through the following: 2015.’’. the end of the subsection and inserting ‘‘as ‘‘(3) APPOINTMENT OF EMPLOYEES.—The Ad- (c) EMERGENCY SHELTERS.—Section 4213(e) are necessary for each of fiscal years 2011 ministrator of the Substance Abuse and of the Indian Alcohol and Substance Abuse through 2015.’’. UVENILE DETENTION CENTERS.—Section Mental Health Services Administration shall Prevention and Treatment Act of 1986 (25 (g) J 4220 of the Indian Alcohol and Substance appoint such employees to work in the Of- U.S.C. 2433(e)) is amended— Abuse Prevention and Treatment Act of 1986 fice, and shall provide such funding, services, (1) in paragraph (1), by striking ‘‘fiscal (25 U.S.C. 2453) is amended— and equipment, as may be necessary to en- year 1993 and such sums as may be necessary (1) in subsection (a)— able the Office to carry out the responsibil- for each of the fiscal years 1994, 1995, 1996, (A) by striking ‘‘The Secretary’’ the first ities under this subsection.’’; and 1997, 1998, 1999, and 2000.’’ and inserting ‘‘each place it appears and inserting the following: (C) in subsection (c)— of fiscal years 2011 through 2015.’’; (2) in paragraph (2), by striking ‘‘each of ‘‘(1) IN GENERAL.—The Secretary’’; (i) by striking ‘‘of Alcohol and Substance (B) in the second sentence, by striking Abuse’’ each place it appears; the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.’’ and inserting ‘‘each of fiscal ‘‘The Secretary shall’’ and inserting the fol- (ii) in paragraph (1), in the second sen- lowing: tence, by striking ‘‘The Assistant Secretary years 2011 through 2015.’’; and ‘‘(2) CONSTRUCTION AND OPERATION.—The of the Interior for Indian Affairs’’ and insert- (3) by indenting paragraphs (4) and (5) ap- propriately. Secretary shall’’; and ing ‘‘The Administrator of the Substance (C) by adding at the end the following: Abuse and Mental Health Services Adminis- (d) REVIEW OF PROGRAMS.—Section 4215(a) of the Indian Alcohol and Substance Abuse ‘‘(3) DEVELOPMENT OF PLAN.— tration’’; and ‘‘(A) IN GENERAL.—Not later than 1 year (iii) in paragraph (3)— Prevention and Treatment Act of 1986 (25 U.S.C. 2441(a)) is amended by inserting ‘‘, the after the date of enactment of this para- (I) in the matter preceding subparagraph Attorney General,’’ after ‘‘the Secretary of graph, the Secretary and the Attorney Gen- (A), by striking ‘‘Youth’’ and inserting the Interior’’. eral, in consultation with tribal leaders and ‘‘youth’’; and (e) ILLEGAL NARCOTICS TRAFFICKING; tribal justice officials, shall develop a long- (II) by striking ‘‘programs of the Bureau of SOURCE ERADICATION.—Section 4216 of the In- term plan for the construction, renovation, Indian Affairs’’ and inserting ‘‘the applicable dian Alcohol and Substance Abuse Preven- and operation of Indian juvenile detention Federal programs’’. tion and Treatment Act of 1986 (25 U.S.C. and treatment centers and alternatives to (4) REVIEW OF PROGRAMS.—Section 4208a(a) 2442) is amended— detention for juvenile offenders. of the Indian Alcohol and Substance Abuse (1) in subsection (a)— ‘‘(B) COORDINATION.—The plan under sub- Prevention and Treatment Act of 1986 (25 (A) in paragraph (1)— paragraph (A) shall require the Bureau of In- U.S.C. 2414a(a)) is amended in the matter (i) in subparagraph (A), by striking the dian Education and the Indian Health Serv- preceding paragraph (1) by inserting ‘‘, the comma at the end and inserting a semicolon; ice to coordinate with tribal and Bureau of Attorney General,’’ after ‘‘the Secretary of (ii) in subparagraph (B), by striking ‘‘, Indian Affairs juvenile detention centers to the Interior’’. and’’ at the end and inserting a semicolon; provide services to those centers.’’; and (5) FEDERAL FACILITIES, PROPERTY, AND (iii) in subparagraph (C), by striking the (2) in paragraphs (1) and (2) of subsection EQUIPMENT.—Section 4209 of the Indian Alco- period at the end and inserting ‘‘; and’’; and (b)— hol and Substance Abuse Prevention and (iv) by adding at the end the following: (A) by striking ‘‘for fiscal year 1993 and Treatment Act of 1986 (25 U.S.C. 2415) is ‘‘(D) the Blackfeet Nation of Montana for such sums as may be necessary for each of amended— the investigation and control of illegal nar- the fiscal years 1994, 1995, 1996, 1997, 1998, (A) in subsection (a), by inserting ‘‘, the cotics traffic on the Blackfeet Indian Res- 1999, and 2000’’ each place it appears and in- Attorney General,’’ after ‘‘the Secretary of ervation along the border with Canada.’’; serting ‘‘for each of fiscal years 2011 through the Interior’’; (B) in paragraph (2), by striking ‘‘United 2015’’; and (B) in subsection (b)— States Custom Service’’ and inserting (B) by indenting paragraph (2) appro- (i) in the first sentence, by inserting ‘‘, the ‘‘United States Customs and Border Protec- priately. Attorney General,’’ after ‘‘the Secretary of tion, the Bureau of Immigration and Cus- SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL the Interior’’; toms Enforcement, and the Drug Enforce- AND LEGAL ASSISTANCE. (ii) in the second sentence, by inserting ‘‘, ment Administration’’; and (a) INDIAN TRIBAL JUSTICE.— nor the Attorney General,’’ after ‘‘the Sec- (C) by striking paragraph (3) and inserting (1) BASE SUPPORT FUNDING.—Section 103(b) retary of the Interior’’; and the following: of the Indian Tribal Justice Act (25 U.S.C. (iii) in the third sentence, by inserting ‘‘, ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 3613(b)) is amended by striking paragraph (2) the Department of Justice,’’ after ‘‘the De- There is authorized to be appropriated to and inserting the following: partment of the Interior’’; and carry out this subsection $2,000,000 for each ‘‘(2) the employment of tribal court per- (C) in subsection (c)(1), by inserting ‘‘, the of fiscal years 2011 through 2015.’’; and sonnel, including tribal court judges, pros- Attorney General,’’ after ‘‘the Secretary of (2) in subsection (b)(2), by striking ‘‘for the ecutors, public defenders, appointed defense the Interior’’. fiscal year 1993 and such sums as may be nec- counsel, guardians ad litem, and court-ap- (6) REVIEW.—Section 4211(a) of the Indian essary for each of the fiscal years 1994, 1995, pointed special advocates for children and Alcohol and Substance Abuse Prevention and 1996, 1997, 1998, 1999, and 2000’’ and ‘‘for each juveniles;’’. Treatment Act of 1986 (25 U.S.C. 2431(a)) is of fiscal years 2011 through 2015.’’. (2) TRIBAL JUSTICE SYSTEMS.—Section 201 of amended in the matter preceding paragraph (f) LAW ENFORCEMENT AND JUDICIAL TRAIN- the Indian Tribal Justice Act (25 U.S.C. 3621) (1) by inserting ‘‘, the Attorney General,’’ ING.—Section 4218 of the Indian Alcohol and is amended— after ‘‘the Secretary of the Interior’’. Substance Abuse Prevention and Treatment (A) in subsection (a)— (b) INDIAN EDUCATION PROGRAMS.—Section Act of 1986 (25 U.S.C. 2451) is amended— (i) by striking ‘‘the provisions of sections 4212 of the Indian Alcohol and Substance (1) by striking subsection (a) and inserting 101 and 102 of this Act’’ and inserting ‘‘sec- Abuse Prevention Act of 1986 (25 U.S.C. 2432) the following: tions 101 and 102’’; and

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(B) in subsection (b)— 2011 and any fiscal year thereafter, for such ‘‘(3) FEDERAL SHARE.—Because of the Fed- (i) by striking ‘‘the provisions of section period as the Attorney General determines eral nature and responsibility for providing 103 of this Act’’ and inserting ‘‘section 103’’; to be appropriate to assist the Indian tribal public safety on Indian land, the Federal and governments in carrying out the purposes share of the cost of any activity carried out (ii) by striking ‘‘the fiscal years 2000 described in subsection (b). using a grant under this subsection shall be through 2007’’ and inserting ‘‘fiscal years 2011 ‘‘(2) PRIORITY OF FUNDING.—In providing 100 percent.’’. through 2015’’; grants to Indian tribal governments under (2) CONFORMING AMENDMENT.—Section (C) in subsection (c), by striking ‘‘the fiscal this subsection, the Attorney General shall 20109(c) of the Violent Crime Control and years 2000 through 2007’’ and inserting ‘‘fiscal take into consideration reservation crime Law Enforcement Act of 1994 (42 U.S.C. years 2011 through 2015’’; and rates and tribal law enforcement staffing 13709(c)) is amended by inserting ‘‘or consor- (D) in subsection (d), by striking ‘‘the fis- needs of each Indian tribal government. tium of Indian tribes, as applicable,’’ after cal years 2000 through 2007’’ and inserting ‘‘(3) FEDERAL SHARE.—Because of the Fed- ‘‘Indian tribe’’. ‘‘fiscal years 2011 through 2015’’. eral nature and responsibility for providing (3) LONG-TERM PLAN.—Section 20109 of the (b) TECHNICAL AND LEGAL ASSISTANCE.— public safety on Indian land, the Federal Violent Crime Control and Law Enforcement (1) TRIBAL CIVIL LEGAL ASSISTANCE share of the cost of any activity carried out Act of 1994 (42 U.S.C. 13709) is amended by GRANTS.—Section 102 of the Indian Tribal using a grant under this subsection— adding at the end the following: Justice Technical and Legal Assistance Act ‘‘(A) shall be 100 percent; and ‘‘(d) LONG-TERM PLAN.—Not later than 1 of 2000 (25 U.S.C. 3662) is amended by insert- ‘‘(B) may be used to cover indirect costs. year after the date of enactment of this sub- ing ‘‘(including guardians ad litem and ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— section, the Attorney General, in coordina- court-appointed special advocates for chil- There is authorized to be appropriated to tion with the Bureau of Indian Affairs and in dren and juveniles)’’ after ‘‘civil legal assist- carry out this subsection $40,000,000 for each consultation with tribal leaders, tribal law ance’’. of fiscal years 2011 through 2015. enforcement officers, and tribal corrections (2) TRIBAL CRIMINAL LEGAL ASSISTANCE ‘‘(k) REPORT.—Not later than 180 days after officials, shall submit to Congress a long- GRANTS.—Section 103 of the Indian Tribal the date of enactment of this subsection, the term plan to address incarceration in Indian Justice Technical and Legal Assistance Act Attorney General shall submit to Congress a country, including— of 2000 (25 U.S.C. 3663) is amended by striking report describing the extent and effective- ‘‘(1) a description of proposed activities ‘‘criminal legal assistance to members of In- ness of the Community Oriented Policing for— dian tribes and tribal justice systems’’ and (COPS) initiative as applied in Indian coun- ‘‘(A) construction, operation, and mainte- inserting ‘‘defense counsel services to all de- try, including particular references to— nance of juvenile (in accordance with section fendants in tribal court criminal proceedings ‘‘(1) the problem of intermittent funding; 4220(a)(3) of the Indian Alcohol and Sub- and prosecution and judicial services for ‘‘(2) the integration of COPS personnel stance Abuse Prevention and Treatment Act tribal courts’’. with existing law enforcement authorities; of 1986 (25 U.S.C. 2453(a)(3)) and adult deten- (3) FUNDING.—The Indian Tribal Justice and tion facilities (including regional facilities) Technical and Legal Assistance Act of 2000 is ‘‘(3) an explanation of how the practice of in Indian country; amended— community policing and the broken windows ‘‘(B) contracting with State and local de- (A) in section 107 (as redesignated by sec- theory can most effectively be applied in re- tention centers, on approval of the affected tion 104(a)(2)(A)), by striking ‘‘2000 through mote tribal locations.’’. tribal governments; and 2004’’ and inserting ‘‘2011 through 2015’’; and SEC. 404. TRIBAL JAILS PROGRAM. ‘‘(C) alternatives to incarceration, devel- (B) in section 201(d) (25 U.S.C. 3681(d)), by (a) IN GENERAL.—Section 20109 of the Vio- oped in cooperation with tribal court sys- striking ‘‘2000 through 2004’’ and inserting lent Crime Control and Law Enforcement tems; ‘‘2011 through 2015’’. Act of 1994 (42 U.S.C. 13709) is amended by ‘‘(2) an assessment and consideration of the striking subsection (a) and inserting the fol- construction of Federal detention facilities SEC. 403. TRIBAL RESOURCES GRANT PROGRAM. lowing: in Indian country; and Section 1701 of the Omnibus Crime Control ‘‘(a) RESERVATION OF FUNDS.—Notwith- ‘‘(3) any other alternatives as the Attorney and Safe Streets Act of 1968 (42 U.S.C. 3796dd) standing any other provision of this part, of General, in coordination with the Bureau of is amended— amounts made available to the Attorney Indian Affairs and in consultation with In- (1) in subsection (b)— General to carry out programs relating to of- dian tribes, determines to be necessary.’’. (A) in each of paragraphs (1) through (4) fender incarceration, the Attorney General SEC. 405. TRIBAL PROBATION OFFICE LIAISON and (6) through (17), by inserting ‘‘to’’ after shall reserve $35,000,000 for each of fiscal PROGRAM. the paragraph designation; years 2011 through 2015 to carry out this sec- Title II of the Indian Tribal Justice Tech- (B) in paragraph (1), by striking ‘‘State tion.’’. nical and Legal Assistance Act of 2000 (25 and’’ and inserting ‘‘State, tribal, or’’; (b) REGIONAL DETENTION CENTERS.— U.S.C. 3681 et seq.) is amended by adding at (C) in paragraphs (9) and (10), by inserting (1) IN GENERAL.—Section 20109 of the Vio- the end the following: ‘‘, tribal,’’ after ‘‘State’’ each place it ap- lent Crime Control and Law Enforcement ‘‘SEC. 203. ASSISTANT PROBATION OFFICERS. pears; Act of 1994 (42 U.S.C. 13709) is amended by ‘‘To the maximum extent practicable, the (D) in paragraph (15)— striking subsection (b) and inserting the fol- chief judge or chief probation or pretrial (i) by striking ‘‘a State in’’ and inserting lowing: services officer of each judicial district, in ‘‘a State or Indian tribe in’’; ‘‘(b) GRANTS TO INDIAN TRIBES.— coordination with the Office of Tribal Jus- (ii) by striking ‘‘the State which’’ and in- ‘‘(1) IN GENERAL.—From the amounts re- tice and the Office of Justice Services, serting ‘‘the State or tribal community served under subsection (a), the Attorney shall— that’’; and General shall provide grants— ‘‘(1) appoint individuals residing in Indian (iii) by striking ‘‘a State or’’ and inserting ‘‘(A) to Indian tribes for purposes of— country to serve as probation or pretrial ‘‘a State, tribal, or’’; ‘‘(i) construction and maintenance of jails services officers or assistants for purposes of (E) in paragraph (16), by striking ‘‘and’’ at on Indian land for the incarceration of of- monitoring and providing services to Federal the end fenders subject to tribal jurisdiction; prisoners residing in Indian country; and (F) in paragraph (17), by striking the pe- ‘‘(ii) entering into contracts with private ‘‘(2) provide substance abuse, mental riod at the end and inserting ‘‘; and’’; entities to increase the efficiency of the con- health, and other related treatment services (G) by redesignating paragraphs (6) struction of tribal jails; and to offenders residing on Indian land.’’. through (17) as paragraphs (5) through (16), ‘‘(iii) developing and implementing alter- SEC. 406. TRIBAL YOUTH PROGRAM. respectively; and natives to incarceration in tribal jails; (a) INCENTIVE GRANTS FOR LOCAL DELIN- (H) by adding at the end the following: ‘‘(B) to Indian tribes for the construction QUENCY PREVENTION PROGRAMS.—Section 504 ‘‘(17) to permit tribal governments receiv- of tribal justice centers that combine tribal of the Juvenile Justice and Delinquency Pre- ing direct law enforcement services from the police, courts, and corrections services to ad- vention Act of 1974 (42 U.S.C. 5783) is amend- Bureau of Indian Affairs to access the pro- dress violations of tribal civil and criminal ed— gram under this section for use in accord- laws; (1) in subsection (a), by inserting ‘‘, or to ance with paragraphs (1) through (16).’’. ‘‘(C) to consortia of Indian tribes for pur- federally recognized Indian tribe or con- (2) in subsection (i), by striking ‘‘The au- poses of constructing and operating regional sortia of federally recognized Indian tribes thority’’ and inserting ‘‘Except as provided detention centers on Indian land for long- under subsection (d)’’ after ‘‘subsection (b)’’; in subsection (j), the authority’’; and term incarceration of offenders subject to and (3) by adding at the end the following: tribal jurisdiction, as the applicable consor- (2) by adding at the end the following: ‘‘(j) GRANTS TO INDIAN TRIBES.— tium determines to be appropriate. ‘‘(d) GRANTS FOR TRIBAL DELINQUENCY PRE- ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(2) PRIORITY OF FUNDING.—in providing VENTION AND RESPONSE PROGRAMS.— section (i) and section 1703, and in acknowl- grants under this subsection, the Attorney ‘‘(1) IN GENERAL.—The Administrator shall edgment of the Federal nexus and distinct General shall take into consideration appli- make grants under this section, on a com- Federal responsibility to address and prevent cable— petitive basis, to eligible Indian tribes or

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consortia of Indian tribes, as described in (d) TRAINING FOR VILLAGE PUBLIC SAFETY (J) in paragraph (22), by inserting ‘‘, trib- paragraph (2)— OFFICERS AND TRIBAL LAW ENFORCEMENT PO- al,’’ after ‘‘Federal’’; ‘‘(A) to support and enhance— SITIONS FUNDED UNDER COPS PROGRAM.— (2) in subsection (d)— ‘‘(i) tribal juvenile delinquency prevention (1) IN GENERAL.—Any village public safety (A) by redesignating paragraphs (1) services; and officer or tribal law enforcement officer in through (6) as subparagraphs (A) through (F), ‘‘(ii) the ability of Indian tribes to respond the State shall be eligible to participate in respectively, and indenting the subpara- to, and care for, juvenile offenders; and any training program offered at the Indian graphs appropriately; ‘‘(B) to encourage accountability of Indian Police Academy of the Federal Law Enforce- (B) by striking ‘‘To insure’’ and inserting tribal governments with respect to pre- ment Training Center. the following: venting juvenile delinquency and responding (2) FUNDING.—Funding received pursuant ‘‘(1) IN GENERAL.—To ensure’’; and to, and caring for, juvenile offenders. to grants approved under section 1701 of the (C) by adding at the end the following: ‘‘(2) ELIGIBLE INDIAN TRIBES.—To be eligible Omnibus Crime Control and Safe Streets Act ‘‘(2) CONSULTATION WITH INDIAN TRIBES.— to receive a grant under this subsection, an of 1968 (42 U.S.C. 3796dd) may be used for The Director, acting jointly with the Assist- Indian tribe or consortium of Indian tribes training of officers at programs described in ant Secretary for Indian Affairs (acting shall submit to the Administrator an appli- paragraph (1) or at a police academy in the through the Office of Justice Services) and cation in such form and containing such in- State certified by the Alaska Police Stand- the Director of the Federal Bureau of Inves- formation as the Administrator may require. ards Council. tigation, shall work with Indian tribes and ‘‘(3) CONSIDERATIONS.—In providing grants (e) FUNDS FOR COURTS OF LAW ENFORCE- tribal law enforcement agencies to establish under this subsection, the Administrator MENT OFFICERS.—Section 112(a) of the Con- and implement such tribal data collection shall take into consideration, with respect to solidated Appropriations Act, 2004 (Public systems as the Director determines to be the Indian tribe to be served, the— Law 108–199; 118 Stat. 62) is amended— necessary to achieve the purposes of this sec- ‘‘(A) juvenile crime rates; (1) by striking paragraph (1); tion.’’; ‘‘(B) dropout rates; and (2) by redesignating subparagraphs (A) and (3) in subsection (e), by striking ‘‘sub- (B) of paragraph (2) as paragraphs (1) and (2), ‘‘(C) number of at-risk youth. section (d)(3)’’ and inserting ‘‘subsection respectively, and indenting appropriately; ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (d)(1)(C)’’; and There is authorized to be appropriated (4) in subsection (f)— (3) by redesignating clauses (i) through (iv) $25,000,000 for each of fiscal years 2011 (A) in the subsection heading, by inserting of paragraph (2) (as so redesignated) as sub- through 2015.’’. ‘‘, Tribal,’’ after ‘‘State’’; and paragraphs (A) through (D), respectively, and (b) COORDINATING COUNCIL ON JUVENILE (B) by inserting ‘‘, tribal,’’ after ‘‘State’’; indenting appropriately. JUSTICE AND DELINQUENCY PREVENTION.—Sec- and tion 206(a)(2) of the Juvenile Justice and De- TITLE V—INDIAN COUNTRY CRIME DATA (5) by adding at the end the following: linquency Prevention Act of 1974 (42 U.S.C. COLLECTION AND INFORMATION SHAR- ‘‘(g) REPORTS.—Not later than 1 year after 5616(a)(2)) is amended— ING the date of enactment of this subsection, and (1) in subparagraph (A), by striking ‘‘Nine’’ SEC. 501. TRACKING OF CRIMES COMMITTED IN annually thereafter, the Director shall sub- and inserting ‘‘Ten’’; and INDIAN COUNTRY. mit to Congress a report describing the data collected and analyzed under this section re- (2) in subparagraph (B), by adding at the (a) GANG VIOLENCE.—Section 1107 of the Vi- lating to crimes in Indian country.’’. end the following: olence Against Women and Department of (c) EFFECT OF GRANTS.—Nothing in this ‘‘(iv) One member shall be appointed by the Justice Reauthorization Act of 2005 (28 U.S.C. 534 note; Public Law 109–162) is section or any amendment made by this sec- Chairman of the Committee on Indian Af- amended— tion— fairs of the Senate, in consultation with the (1) in subsection (a)— (1) allows the grant to be made to, or used Vice Chairman of that Committee and the (A) by redesignating paragraphs (8) by, an entity for law enforcement activities Chairman and Ranking Member of the Com- through (12) as paragraphs (9) through (13), that the entity lacks jurisdiction to perform; mittee on Natural Resources of the House of respectively; or Representatives.’’. (B) by inserting after paragraph (7) the fol- (2) has any effect other than to authorize, SEC. 407. IMPROVING PUBLIC SAFETY PRESENCE lowing: award, or deny a grant of funds to a federally IN RURAL ALASKA. ‘‘(8) the Office of Justice Services of the recognized Indian tribe for the purposes de- (a) DEFINITIONS.—In this section: Bureau of Indian Affairs;’’; scribed in the relevant grant program. (1) STATE.— (C) in paragraph (9) (as redesignated by SEC. 502. CRIMINAL HISTORY RECORD IMPROVE- (A) IN GENERAL.—The term ‘‘State’’ means subparagraph (A)), by striking ‘‘State’’ and MENT PROGRAM. the State of Alaska. inserting ‘‘tribal, State,’’; and (a) IN GENERAL.—Section 1301(a) of the Om- (B) INCLUSION.—The term ‘‘State’’ includes (D) in paragraphs (10) through (12) (as re- nibus Crime Control and Safe Streets Act of any political subdivision of the State of designated by subparagraph (A)), by insert- 1968 (42 U.S.C. 3796h(a)) is amended by insert- Alaska. ing ‘‘tribal,’’ before ‘‘State,’’ each place it ing ‘‘, tribal,’’ after ‘‘State’’. (2) VILLAGE PUBLIC SAFETY OFFICER.—The appears; and (b) EFFECT OF GRANTS.—Nothing in this term ‘‘village public safety officer’’ means (2) in subsection (b), by inserting ‘‘tribal,’’ section or any amendment made by this sec- an individual employed as a village public before ‘‘State,’’ each place it appears. tion— safety officer under the program established (b) BUREAU OF JUSTICE STATISTICS.—Sec- (1) allows the grant to be made to, or used by the State pursuant to Alaska Statute tion 302 of the Omnibus Crime Control and by, an entity for law enforcement activities 18.65.670. Safe Streets Act of 1968 (42 U.S.C. 3732) is that the entity lacks jurisdiction to perform; (3) TRIBAL ORGANIZATION.—The term ‘‘trib- amended— or al organization’’ has the meaning given that (1) in subsection (c)— (2) has any effect other than to authorize, term in section 4 of the Indian Self-Deter- (A) in each of paragraphs (3) through (6), award, or deny a grant of funds to a federally mination and Educational Assistance Act (25 by inserting ‘‘tribal,’’ after ‘‘State,’’ each recognized Indian tribe for the purposes de- U.S.C. 450b(l)). place it appears; scribed in the relevant grant program. (b) COPS GRANTS.—The State and any In- (B) in paragraph (7), by inserting ‘‘and in TITLE VI—DOMESTIC VIOLENCE AND SEX- dian tribe or tribal organization in the State Indian country’’ after ‘‘States’’; UAL ASSAULT PROSECUTION AND PRE- that employs a village public safety officer (C) in paragraph (9), by striking ‘‘Federal VENTION shall be eligible to apply for a grant under and State Governments’’ and inserting ‘‘Fed- SEC. 601. PRISONER RELEASE AND REENTRY. section 1701 of the Omnibus Crime Control eral Government and State and tribal gov- (a) DUTIES OF BUREAU OF PRISONS.—Section and Safe Streets Act of 1968 (42 U.S.C. 3796dd) ernments’’; 4042 of title 18, United States Code, is amend- (provided that only an Indian tribe or tribal (D) in each of paragraphs (10) and (11), by ed— organization may receive a grant under the inserting ‘‘, tribal,’’ after ‘‘State’’ each place (1) in subsection (a)(4), by inserting ‘‘, trib- tribal resources grant program under sub- it appears; al,’’ after ‘‘State’’; section (j) of that section) on an equal basis (E) in paragraph (13), by inserting ‘‘, Indian (2) in subsection (b)(1), in the first sen- with other eligible applicants for funding tribes,’’ after ‘‘States’’; tence, by striking ‘‘officer of the State and under that section. (F) in paragraph (17)— of the local jurisdiction’’ and inserting ‘‘offi- (c) STAFFING FOR ADEQUATE FIRE AND (i) by striking ‘‘State and local’’ and in- cers of each State, tribal, and local jurisdic- EMERGENCY RESPONSE GRANTS.—The State serting ‘‘State, tribal, and local’’; and tion’’; and and any Indian tribe or tribal organization (ii) by striking ‘‘State, and local’’ and in- (3) in subsection (c)(1)— in the State that employs a village public serting ‘‘State, tribal, and local’’; (A) in subparagraph (A), by striking ‘‘offi- safety officer shall be eligible to apply for a (G) in paragraph (18), by striking ‘‘State cer of the State and of the local jurisdiction’’ grant under the Staffing for Adequate Fire and local’’ and inserting ‘‘State, tribal, and and inserting ‘‘officer of each State, tribal, and Emergency Response program under sec- local’’; and local jurisdiction’’; and tion 34 of the Federal Fire Prevention and (H) in paragraph (19), by inserting ‘‘and (B) in subparagraph (B), by inserting ‘‘, Control Act of 1974 (15 U.S.C. 2229a) on an tribal’’ after ‘‘State’’ each place it appears; tribal,’’ after ‘‘State’’ each place it appears. equal basis with other eligible applicants for (I) in paragraph (20), by inserting ‘‘, trib- (b) AUTHORITY OF INSTITUTE; TIME; funding under that program. al,’’ after ‘‘State’’; and RECORDS OF RECIPIENTS; ACCESS; SCOPE OF

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SECTION.—Section 4352(a) of title 18, United Office of Justice Services and the Director of ‘‘(I) $10,000,000 of all program or activity States Code, is amended— the Office on Violence Against Women of the payments made during that fiscal year re- (1) in paragraphs (1), (3), (4), and (8), by in- Department of Justice, in consultation with ported and 2.5 percent of program outlays; or serting ‘‘tribal,’’ after ‘‘State,’’ each place it Indian Tribes and Tribal Organizations, and ‘‘(II) $100,000,000; and appears; in conference with Urban Indian Organiza- ‘‘(ii) with respect to fiscal years following (2) in paragraph (6)— tions, shall develop standardized sexual as- September 30th of a fiscal year beginning be- (A) by inserting ‘‘and tribal communities,’’ sault policies and protocol for the facilities fore fiscal year 2013 as determined by the Of- after ‘‘States’’; and of the Service, based on similar protocol that fice of Management and Budget, that im- (B) by inserting ‘‘, tribal,’’ after ‘‘State’’; has been established by the Department of proper payments in the program or activity and Justice.’’. in the preceding fiscal year may have ex- (3) in paragraph (12) by inserting ‘‘, tribal,’’ SEC. 606. STUDY OF IHS SEXUAL ASSAULT AND ceeded— after ‘‘State’’. DOMESTIC VIOLENCE RESPONSE CA- ‘‘(I) $10,000,000 of all program or activity SEC. 602. DOMESTIC AND SEXUAL VIOLENCE OF- PABILITIES. payments made during that fiscal year re- FENSE TRAINING. (a) STUDY.—The Comptroller General of ported and 1.5 percent of program outlays; or Section 3(c)(9) of the Indian Law Enforce- the United States shall— ‘‘(II) $100,000,000. ment Reform Act (25 U.S.C. 2802(c)(9)) (as (1) conduct a study of the capability of In- ‘‘(B) SCOPE.—In conducting the reviews amended by section 101(a)(2)) is amended by dian Health Service facilities in remote In- under paragraph (1), the head of each agency inserting before the semicolon at the end the dian reservations and Alaska Native villages, shall take into account those risk factors following: ‘‘, including training to properly including facilities operated pursuant to that are likely to contribute to a suscepti- interview victims of domestic and sexual vi- contracts or compacts under the Indian Self- bility to significant improper payments, olence and to collect, preserve, and present Determination and Education Assistance Act such as— evidence to Federal and tribal prosecutors to (25 U.S.C. 450b et seq.), to collect, maintain, ‘‘(i) whether the program or activity re- increase the conviction rate for domestic and and secure evidence of sexual assaults and viewed is new to the agency; sexual violence offenses for purposes of ad- domestic violence incidents required for ‘‘(ii) the complexity of the program or ac- dressing and preventing domestic and sexual criminal prosecution; and tivity reviewed; violent offenses’’. (2) develop recommendations for improving ‘‘(iii) the volume of payments made SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES. those capabilities. through the program or activity reviewed; The Indian Law Enforcement Reform Act (b) REPORT.—Not later than 1 year after ‘‘(iv) whether payments or payment eligi- (25 U.S.C. 2801 et seq.) (as amended by sec- the date of enactment of this Act, the Comp- bility decisions are made outside of the tion 305) is amended by adding at the end the troller General shall submit to the Com- agency, such as by a State or local govern- following: mittee on Indian Affairs of the Senate and ment; the Committee on Natural Resources of the ‘‘SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES. ‘‘(v) recent major changes in program fund- House of Representatives a report describing ‘‘(a) APPROVAL OF EMPLOYEE TESTIMONY OR ing, authorities, practices, or procedures; the results of the study under subsection (a), DOCUMENTS.— ‘‘(vi) the level, experience, and quality of including the recommendations developed ‘‘(1) IN GENERAL.—The Director of the Of- training for personnel responsible for mak- under that subsection, if any. fice of Justice Services or the Director of the ing program eligibility determinations or certifying that payments are accurate; and Indian Health Service, as appropriate (re- SA 4392. Mr. DURBIN (for Mr. CAR- ferred to in this section as the ‘Director con- ‘‘(vii) significant deficiencies in the audit PER) proposed an amendment to the cerned’), shall approve or disapprove, in writ- report of the agency or other relevant man- ing, any request or subpoena from a tribal or bill S. 1508, to amend the Improper agement findings that might hinder accurate State court for a law enforcement officer, Payments Information Act of 2002 (31 payment certification.’’. sexual assault nurse examiner, or other em- U.S.C. 3321 note) in order to prevent (b) ESTIMATION OF IMPROPER PAYMENTS.— ployee under the supervision of the Director the loss of billions in taxpayer dollars; Section 2 of the Improper Payments Infor- concerned to provide documents or testi- as follows: mation Act of 2002 (31 U.S.C. 3321 note) is amended by striking subsection (b) and in- mony in a deposition, trial, or other similar Strike all after the enacting clause and in- criminal proceeding regarding information serting the following: sert the following: ‘‘(b) ESTIMATION OF IMPROPER PAYMENTS.— obtained in carrying out the official duties of SECTION 1. SHORT TITLE. With respect to each program and activity the employee. This Act may be cited as the ‘‘Improper identified under subsection (a), the head of ‘‘(2) DEADLINE.—The court issuing a sub- Payments Elimination and Recovery Act of the relevant agency shall— poena under paragraph (1) shall provide to 2010’’. ‘‘(1) produce a statistically valid estimate, the appropriate Federal employee (or agency SEC. 2. IMPROPER PAYMENTS ELIMINATION AND or an estimate that is otherwise appropriate in the case of a document request) notice re- RECOVERY. using a methodology approved by the Direc- garding the request to provide testimony (or (a) SUSCEPTIBLE PROGRAMS AND ACTIVI- tor of the Office of Management and Budget, release a document) by not less than 30 days TIES.—Section 2 of the Improper Payments of the improper payments made by each pro- before the date on which the testimony will Information Act of 2002 (31 U.S.C. 3321 note) gram and activity; and be provided. is amended by striking subsection (a) and in- ‘‘(2) include those estimates in the accom- ‘‘(b) APPROVAL.— serting the following: panying materials to the annual financial ‘‘(1) IN GENERAL.—The Director concerned ‘‘(a) IDENTIFICATION OF SUSCEPTIBLE PRO- statement of the agency required under sec- shall approve a request or subpoena under GRAMS AND ACTIVITIES.— tion 3515 of title 31, United States Code, or subsection (a) if the request or subpoena does ‘‘(1) IN GENERAL.—The head of each agency similar provision of law and applicable guid- not violate the policy of the Department to shall, in accordance with guidance pre- ance of the Office of Management and Budg- maintain impartiality. scribed by the Director of the Office of Man- et.’’. ‘‘(2) FAILURE TO APPROVE.—If the Director agement and Budget, periodically review all (c) REPORTS ON ACTIONS TO REDUCE IM- concerned fails to approve or disapprove a programs and activities that the relevant PROPER PAYMENTS.—Section 2 of the Im- request or subpoena for testimony or release agency head administers and identify all proper Payments Information Act of 2002 (31 of a document by the date that is 30 days programs and activities that may be suscep- U.S.C. 3321 note) is amended by striking sub- after the date of receipt of notice of the re- tible to significant improper payments. section (c) and inserting the following: quest or subpoena, the request or subpoena ‘‘(2) FREQUENCY.—Reviews under paragraph ‘‘(c) REPORTS ON ACTIONS TO REDUCE IM- shall be considered to be approved for pur- (1) shall be performed for each program and PROPER PAYMENTS.—With respect to any pro- poses of this section.’’. activity that the relevant agency head ad- gram or activity of an agency with esti- SEC. 604. COORDINATION OF FEDERAL AGEN- ministers during the year after which the mated improper payments under subsection CIES. Improper Payments Elimination and Recov- (b), the head of the agency shall provide with Any report of the Secretary of Health and ery Act of 2010 is enacted and at least once the estimate under subsection (b) a report on Human Services to Congress on the develop- every 3 fiscal years thereafter. For those what actions the agency is taking to reduce ment of Indian victim services and victim agencies already performing a risk assess- improper payments, including— advocate training programs shall include ment every 3 years, agencies may apply to ‘‘(1) a description of the causes of the im- any recommendations that the Secretary de- the Director of the Office of Management proper payments, actions planned or taken termines to be necessary to prevent the sex and Budget for a waiver from the require- to correct those causes, and the planned or trafficking of Indian women. ment of the preceding sentence and continue actual completion date of the actions taken SEC. 605. SEXUAL ASSAULT PROTOCOL. their 3-year risk assessment cycle. to address those causes; The Indian Law Enforcement Reform Act ‘‘(3) RISK ASSESSMENTS.— ‘‘(2) in order to reduce improper payments (25 U.S.C. 2801 et seq.) (as amended by sec- ‘‘(A) DEFINITION.—In this subsection the to a level below which further expenditures tion 603) is amended by adding at the end the term ‘significant’ means— to reduce improper payments would cost following: ‘‘(i) except as provided under clause (ii), more than the amount such expenditures ‘‘SEC. 17. POLICIES AND PROTOCOL. that improper payments in the program or would save in prevented or recovered im- ‘‘The Director of the Indian Health Serv- activity in the preceding fiscal year may proper payments, a statement of whether the ice, in coordination with the Director of the have exceeded— agency has what is needed with respect to—

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(2) IN GENERAL.— improper payments reduction targets that (e) DEFINITIONS.—Section 2 of the Improper have been approved by the Director of the Payments Information Act of 2002 (31 U.S.C. (A) CONDUCT OF AUDITS.—Except as pro- Office of Management and Budget; and 3321 note) is amended by striking subsections vided under paragraph (4) and if not prohib- ‘‘(5) a description of the steps the agency (f) (as redesignated by this section) and in- ited under any other provision of law, the has taken to ensure that agency managers, serting the following: head of each agency shall conduct recovery programs, and, where appropriate, States ‘‘(f) DEFINITIONS.—In this section: audits with respect to each program and ac- and localities are held accountable through ‘‘(1) AGENCY.—The term ‘agency’ means an tivity of the agency that expends $1,000,000 or annual performance appraisal criteria for— executive agency, as that term is defined in more annually if conducting such audits ‘‘(A) meeting applicable improper pay- section 102 of title 31, United States Code. would be cost-effective. ments reduction targets; and ‘‘(2) IMPROPER PAYMENT.—The term ‘im- (B) PROCEDURES.—In conducting recovery ‘‘(B) establishing and maintaining suffi- proper payment’— audits under this subsection, the head of an cient internal controls, including an appro- ‘‘(A) means any payment that should not agency— priate control environment, that effec- have been made or that was made in an in- (i) shall give priority to the most recent tively— correct amount (including overpayments and payments and to payments made in any pro- ‘‘(i) prevent improper payments from being underpayments) under statutory, contrac- gram or programs identified as susceptible made; and tual, administrative, or other legally appli- to significant improper payments under sec- ‘‘(ii) promptly detect and recover improper cable requirements; and tion 2(a) of the Improper Payments Informa- payments that are made.’’. ‘‘(B) includes any payment to an ineligible tion Act of 2002 (31 U.S.C. 3321 note); (d) REPORTS ON ACTIONS TO RECOVER IM- recipient, any payment for an ineligible good (ii) shall implement this subsection in a PROPER PAYMENTS.—Section 2 of the Im- or service, any duplicate payment, any pay- manner designed to ensure the greatest fi- proper Payments Information Act of 2002 (31 ment for a good or service not received (ex- nancial benefit to the Government; and U.S.C. 3321 note) is amended— cept for such payments where authorized by (iii) may conduct recovery audits directly, (1) by striking subsection (e); law), and any payment that does not account by using other departments and agencies of (2) by redesignating subsections (d) and (f) for credit for applicable discounts. the United States, or by procuring perform- as subsections (f) and (g), respectively; and ‘‘(3) PAYMENT.—The term ‘payment’ means ance of recovery audits by private sector (3) by inserting after subsection (c) the fol- any transfer or commitment for future sources by contract (subject to the avail- lowing: transfer of Federal funds such as cash, secu- ability of appropriations), or by any com- ‘‘(d) REPORTS ON ACTIONS TO RECOVER IM- rities, loans, loan guarantees, and insurance bination thereof. PROPER PAYMENTS.—With respect to any im- subsidies to any non-Federal person or enti- (C) RECOVERY AUDIT CONTRACTS.—With re- proper payments identified in recovery au- ty, that is made by a Federal agency, a Fed- spect to recovery audits procured by an dits conducted under section 2(h) of the Im- eral contractor, a Federal grantee, or a gov- agency by contract— proper Payments Elimination and Recovery ernmental or other organization admin- (i) subject to subparagraph (B)(iii), and ex- Act of 2010 (31 U.S.C. 3321 note), the head of istering a Federal program or activity. cept to the extent such actions are outside the agency shall provide with the estimate ‘‘(4) PAYMENT FOR AN INELIGIBLE GOOD OR the agency’s authority, as defined by section under subsection (b) a report on all actions SERVICE.—The term ‘payment for an ineli- 605(a) of the Contract Disputes Act of 1978 (41 the agency is taking to recover improper gible good or service’ shall include a pay- U.S.C. 605(a)), the head of the agency may payments, including— ment for any good or service that is rejected authorize the contractor to notify entities ‘‘(1) a discussion of the methods used by under any provision of any contract, grant, the agency to recover overpayments; (including persons) of potential overpay- lease, cooperative agreement, or any other ments made to such entities, respond to ‘‘(2) the amounts recovered, outstanding, funding mechanism.’’. and determined to not be collectable, includ- questions concerning potential overpay- (f) GUIDANCE BY THE OFFICE OF MANAGE- ments, and take other administrative ac- ing the percent such amounts represent of MENT AND BUDGET.—Section 2 of the Im- tions with respect to overpayment claims the total overpayments of the agency; proper Payments Information Act of 2002 (31 made or to be made by the agency; and ‘‘(3) if a determination has been made that U.S.C. 3321 note) is amended by striking sub- (ii) such contractor shall have no author- certain overpayments are not collectable, a section (g) (as redesignated by this section) ity to make final determinations relating to justification of that determination; and inserting the following: ‘‘(4) an aging schedule of the amounts out- ‘‘(g) GUIDANCE BY THE OFFICE OF MANAGE- whether any overpayment occurred and standing; MENT AND BUDGET.— whether to compromise, settle, or terminate ‘‘(5) a summary of how recovered amounts ‘‘(1) IN GENERAL.—Not later than 6 months overpayment claims. have been disposed of; after the date of enactment of the Improper (D) CONTRACT TERMS AND CONDITIONS.— ‘‘(6) a discussion of any conditions giving Payments Elimination and Recovery Act of (i) IN GENERAL.—The agency shall include rise to improper payments and how those 2010, the Director of the Office of Manage- in each contract for procurement of perform- conditions are being resolved; and ment and Budget shall prescribe guidance for ance of a recovery audit a requirement that ‘‘(7) if the agency has determined under agencies to implement the requirements of the contractor shall— section 2(h) of the Improper Payments this section. The guidance shall not include (I) provide to the agency periodic reports Elimination and Recovery Act of 2010 (31 any exemptions to such requirements not on conditions giving rise to overpayments U.S.C. 3321 note) that performing recovery specifically authorized by this section. identified by the contractor and any rec- audits for any applicable program or activity ‘‘(2) CONTENTS.—The guidance under para- ommendations on how to mitigate such con- is not cost-effective, a justification for that graph (1) shall prescribe— ditions; determination. ‘‘(A) the form of the reports on actions to (II) notify the agency of any overpayments ‘‘(e) GOVERNMENTWIDE REPORTING OF IM- reduce improper payments, recovery actions, identified by the contractor pertaining to PROPER PAYMENTS AND ACTIONS TO RECOVER and governmentwide reporting; and the agency or to any other agency or agen- IMPROPER PAYMENTS.— ‘‘(B) strategies for addressing risks and es- cies that are beyond the scope of the con- ‘‘(1) REPORT.—Each fiscal year the Director tablishing appropriate prepayment and tract; and of the Office of Management and Budget postpayment internal controls.’’. (III) report to the agency credible evidence shall submit a report with respect to the pre- (g) DETERMINATIONS OF AGENCY READINESS of fraud or vulnerabilities to fraud, and con- ceding fiscal year on actions agencies have FOR OPINION ON INTERNAL CONTROL.—Not duct appropriate training of personnel of the taken to report information regarding im- later than 1 year after the date of enactment contractor on identification of fraud. proper payments and actions to recover im- of this Act, the Director of the Office of Man- (ii) REPORTS ON ACTIONS TAKEN .—Not later proper overpayments to— agement and Budget shall develop— than November 1 of each year, each agency ‘‘(A) the Committee on Homeland Security (1) specific criteria as to when an agency shall submit a report on actions taken by and Governmental Affairs of the Senate; and should initially be required to obtain an the agency during the preceding fiscal year ‘‘(B) the Committee on Oversight and Gov- opinion on internal control over improper to address the recommendations described ernment Reform of the House of Representa- payments; and under clause (i)(I) to— tives. (2) criteria for an agency that has dem- (I) the Office of Management and Budget; ‘‘(2) CONTENTS.—Each report under this onstrated a stabilized, effective system of in- and subsection shall include— ternal control over improper payments, (II) Congress.

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(E) AGENCY ACTION FOLLOWING NOTIFICA- Budget and Emergency Deficit Control Act (A) those activities under subsection (h); TION.—An agency shall take prompt and ap- of 1985) and shall not apply to recoveries of and propriate action in response to a report or overpayments that are made from discre- (B) the effectiveness of using the services notification by a contractor under subpara- tionary amounts that were appropriated of— graph (D)(i)(I) or (II), to collect overpay- prior to enactment of this Act. (i) private contractors; ments and shall forward to other agencies (G) APPLICATION.—This paragraph shall not (ii) agency employees; any information that applies to such agen- apply to recoveries of overpayments if the (iii) cross-servicing from other agencies; or cies. appropriation from which the overpayment (iv) any combination of the provision of (3) DISPOSITION OF AMOUNTS RECOVERED.— was made has not expired. services described under clauses (i) through (A) IN GENERAL.—Amounts collected by (4) FINANCIAL MANAGEMENT IMPROVEMENT (iii); and agencies each fiscal year through recovery PROGRAM.— (3) submit a report on the results of the audits conducted under this subsection shall (A) REQUIREMENT.—The head of each agen- study to— be treated in accordance with this para- cy shall conduct a financial management im- (A) the Committee on Homeland Security graph. The agency head shall determine the provement program, consistent with rules and Governmental Affairs of the Senate; distribution of collected amounts, less prescribed by the Director of the Office of (B) the Committee on Oversight and Gov- amounts needed to fulfill the purposes of sec- Management and Budget. ernment Reform of the House of Representa- tion 3562(a) of title 31, United States Code, in (B) PROGRAM FEATURES.—In conducting the tives; and accordance with subparagraphs (B), (C), and program, the head of the agency— (C) the Comptroller General. (D). (i) shall, as the first priority of the pro- SEC. 3. COMPLIANCE. (B) USE FOR FINANCIAL MANAGEMENT IM- gram, address problems that contribute di- (a) DEFINITIONS.—In this section: PROVEMENT PROGRAM.—Not more than 25 per- rectly to agency improper payments; and (1) AGENCY.—The term ‘‘agency’’ has the cent of the amounts collected by an agency (ii) may seek to reduce errors and waste in meaning given under section 2(f) of the Im- through recovery audits— other agency programs and operations. proper Payments Information Act of 2002 (31 (i) shall be available to the head of the (5) PRIVACY PROTECTIONS.—Any nongovern- U.S.C. 3321 note) as redesignated by this Act. agency to carry out the financial manage- mental entity that, in the course of recovery NNUAL FINANCIAL STATEMENT.—The ment improvement program of the agency (2) A auditing or recovery activity under this sub- term ‘‘annual financial statement’’ means under paragraph (4); section, obtains information that identifies (ii) may be credited, if applicable, for that the annual financial statement required an individual or with respect to which there under section 3515 of title 31, United States purpose by the head of an agency to any is a reasonable basis to believe that the in- agency appropriations and funds that are Code, or similar provision of law. formation can be used to identify an indi- (3) COMPLIANCE.—The term ‘‘compliance’’ available for obligation at the time of collec- vidual, may not disclose the information for tion; and means that the agency— any purpose other than such recovery audit- (A) has published an annual financial (iii) shall be used to supplement and not ing or recovery activity and governmental supplant any other amounts available for statement for the most recent fiscal year oversight of such activity, unless disclosure and posted that report and any accom- that purpose and shall remain available until for that other purpose is authorized by the expended. panying materials required under guidance individual to the executive agency that con- (C) USE FOR ORIGINAL PURPOSE.—Not more of the Office of Management and Budget on tracted for the performance of the recovery than 25 percent of the amounts collected by the agency website; auditing or recovery activity. an agency— (B) if required, has conducted a program (6) OTHER RECOVERY AUDIT REQUIREMENTS.— (i) shall be credited to the appropriation or specific risk assessment for each program or (A) IN GENERAL.—(i) Except as provided in fund, if any, available for obligation at the activity that conforms with section 2(a) the clause (ii), subchapter VI of chapter 35 of time of collection for the same general pur- Improper Payments Information Act of 2002 title 31, United States Code, is repealed. poses as the appropriation or fund from (31 U.S.C. 3321 note); and (ii) Section 3562(a) of title 31, United States which the overpayment was made; (C) if required, publishes improper pay- Code, shall continue in effect, except that (ii) shall remain available for the same pe- ments estimates for all programs and activi- references in such section 3562(a) to pro- riod and purposes as the appropriation or ties identified under section 2(b) of the Im- fund to which credited; and grams carried out under section 3561 of such proper Payments Information Act of 2002 (31 (iii) if the appropriation from which the title, shall be interpreted to mean programs U.S.C. 3321 note) in the accompanying mate- overpayment was made has expired, shall be carried out under section 2(h) of this Act. rials to the annual financial statement; newly available for the same time period as (B) TECHNICAL AND CONFORMING AMEND- (D) publishes programmatic corrective ac- the funds were originally available for obli- MENTS.— tion plans prepared under section 2(c) of the gation, except that any amounts that are re- (i) TABLE OF SECTIONS.—The table of sec- Improper Payments Information Act of 2002 covered more than five fiscal years from the tions for chapter 35 of title 31, United States (31 U.S.C. 3321 note) that the agency may last fiscal year in which the funds were Code, is amended by striking the matter re- have in the accompanying materials to the available for obligation shall be deposited in lating to subchapter VI. annual financial statement; the Treasury as miscellaneous receipts, ex- (ii) DEFINITION.—Section 3501 of title 31, (E) publishes improper payments reduction cept that in the case of recoveries of over- United States Code, is amended by striking targets established under section 2(c) of the payments that are made from trust or spe- ‘‘and subchapter VI of this title’’. Improper Payments Information Act of 2002 cial fund accounts, such amounts shall re- (iii) HOMELAND SECURITY GRANTS.—Section (31 U.S.C. 3321 note) that the agency may vert to those accounts. 2022(a)(6) of the Homeland Security Act of have in the accompanying materials to the (D) USE FOR INSPECTOR GENERAL ACTIVI- 2002 (6 U.S.C. 612(a)(6)) is amended by strik- annual financial statement for each program TIES.—Not more than 5 percent of the ing ‘‘(as that term is defined by the Director assessed to be at risk, and is meeting such amounts collected by an agency shall be of the Office of Management and Budget targets; and available to the Inspector General of that under section 3561 of title 31, United States (F) has reported an improper payment rate agency— Code)’’ and inserting ‘‘under section 2(h) of of less than 10 percent for each program and (i) for— the Improper Payments Elimination and Re- activity for which an estimate was published (I) the Inspector General to carry out this covery Act of 2010 (31 U.S.C. 3321 note)’’. under section 2(b) of the Improper Payments Act; or (7) RULE OF CONSTRUCTION.—Except as pro- Information Act of 2002 (31 U.S.C. 3321 note). (II) any other activities of the Inspector vided under paragraph (5), nothing in this (b) ANNUAL COMPLIANCE REPORT BY INSPEC- General relating to investigating improper section shall be construed as terminating or TORS GENERAL OF AGENCIES.—Each fiscal payments or auditing internal controls asso- in any way limiting authorities that are oth- year, the Inspector General of each agency ciated with payments; and erwise available to agencies under existing shall determine whether the agency is in (ii) shall remain available for the same pe- provisions of law to recover improper pay- compliance and submit a report on that de- riod and purposes as the appropriation or ments and use recovered amounts. termination to— fund to which credited. (i) REPORT ON RECOVERY AUDITING.—Not (1) the head of the agency; (E) REMAINDER.—Amounts collected that later than 2 years after the date of the enact- (2) the Committee on Homeland Security are not applied in accordance with subpara- ment of this Act, the Chief Financial Offi- and Governmental Affairs of the Senate; graph (A), (B), (C), or (D) shall be deposited cers Council established under section 302 of (3) the Committee on Oversight and Gov- in the Treasury as miscellaneous receipts, the Chief Financial Officers Act of 1990 (31 ernmental Reform of the House of Represent- except that in the case of recoveries of over- U.S.C. 901 note), in consultation with the atives; and payments that are made from trust or spe- Council of Inspectors General on Integrity (4) the Comptroller General. cial fund accounts, such amounts shall re- and Efficiency established under section 7 of (c) REMEDIATION.— vert to those accounts. the Inspector General Reform Act of 2009 (1) NONCOMPLIANCE.— (F) DISCRETIONARY AMOUNTS.—This para- (Public Law 110–409) and recovery audit ex- (A) IN GENERAL.—If an agency is deter- graph shall apply only to recoveries of over- perts, shall conduct a study of— mined by the Inspector General of that agen- payments that are made from discretionary (1) the implementation of subsection (h); cy not to be in compliance under subsection appropriations (as that term is defined by (2) the costs and benefits of agency recov- (b) in a fiscal year, the head of the agency paragraph 7 of section 250 of the Balanced ery audit activities, including— shall submit a plan to Congress describing

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.046 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE June 23, 2010 CONGRESSIONAL RECORD — SENATE S5379 the actions that the agency will take to (1) jointly examine the lessons learned dur- abetes Crisis in Indian Country and Be- come into compliance. ing the first 20 years of implementing the yond.’’ (B) PLAN.—The plan described under sub- Chief Financial Officers Act of 1990 (31 U.S.C. Those wishing additional information paragraph (A) shall include— 901) and identify reforms or improvements, if may contact the Indian Affairs Com- (i) measurable milestones to be accom- any, to the legislative and regulatory com- plished in order to achieve compliance for pliance framework for Federal financial mittee at (202) 224–2251. each program or activity; management that will optimize Federal (ii) the designation of a senior agency offi- agency efforts to— f cial who shall be accountable for the (A) publish relevant, timely, and reliable progress of the agency in coming into com- reports on Government finances; and AUTHORITY FOR COMMITTEES TO pliance for each program or activity; and (B) implement internal controls that miti- (iii) the establishment of an accountability gate the risk for fraud, waste, and error in MEET mechanism, such as a performance agree- Government programs; and COMMITTEE ON FINANCE ment, with appropriate incentives and con- (2) jointly submit a report on the results of Mr. KAUFMAN. Mr. President, I ask sequences tied to the success of the official the examination to— designated under clause (ii) in leading the ef- (A) the Committee on Homeland Security unanimous consent that the Com- forts of the agency to come into compliance and Governmental Affairs of the Senate; mittee on Finance be authorized to for each program and activity. (B) the Committee on Oversight and Gov- meet during the session of the Senate (2) NONCOMPLIANCE FOR 2 FISCAL YEARS.— ernment Reform of the House of Representa- on June 23, 2010, at 2:30 p.m., in room (A) IN GENERAL.—If an agency is deter- tives; and 215 of the Dirksen Senate Office Build- mined by the Inspector General of that agen- (C) the Comptroller General. ing, to conduct a hearing entitled ‘‘The cy not to be in compliance under subsection U.S.-China Trade Relationship: Finding (b) for 2 consecutive fiscal years for the same SA 4393. Mr. DURBIN (for Mr. program or activity, and the Director of the a New Path Forward.’’ CONRAD) proposed an amendment to The PRESIDING OFFICER. Without Office of Management and Budget deter- the resolution S. Res. 541, designating mines that additional funding would help the objection, it is so ordered. agency come into compliance, the head of June 27, 2010, as ‘‘National Post-Trau- matic Stress Disorder Awareness Day’’; COMMITTEE ON FOREIGN RELATIONS the agency shall obligate additional funding, Mr. KAUFMAN. Mr. President, I ask in an amount determined by the Director, to as follows: intensified compliance efforts. Strike the preamble and insert the fol- unanimous consent that the Com- (B) FUNDING.—In providing additional fund- lowing: mittee on Foreign Relations be author- ing described under subparagraph (A), the Whereas the brave men and women of the ized to meet during the session of the head of an agency shall use any reprogram- United States Armed Forces, who proudly Senate on June 23, 2010, at 2:30 p.m., to ming or transfer authority available to the serve the United States, risk their lives to conduct a hearing entitled ‘‘Finding agency. If after exercising that reprogram- protect the freedom of the United States and Common Ground with a Rising China.’’ ming or transfer authority additional fund- deserve the investment of every reasonable The PRESIDING OFFICER. Without ing is necessary to obligate the full level of resource to ensure their lasting physical, objection, it is so ordered. funding determined by the Director of the mental, and emotional well-being; Office of Management and Budget under sub- Whereas up to 15 percent of Operation Iraqi COMMITTEE ON THE JUDICIARY paragraph (A), the agency shall submit a re- Freedom and Operation Enduring Freedom Mr. KAUFMAN. Mr. President, I ask quest to Congress for additional reprogram- veterans, 10 percent of Operation Desert unanimous consent that the Com- ming or transfer authority. Storm veterans, 30 percent of Vietnam vet- mittee on The Judiciary be authorized (3) REAUTHORIZATION AND STATUTORY PRO- erans, and 8 percent of the general popu- to meet during the session of the Sen- POSALS.—If an agency is determined by the lation of the United States suffer or have ate on June 23, 2010, at 10 a.m., in room Inspector General of that agency not to be in suffered from Post Traumatic Stress Dis- compliance under subsection (b) for more order (referred to in this preamble as SD–226 of the Dirksen Senate Office than 3 consecutive fiscal years for the same ‘‘PTSD’’); Building, to conduct a hearing entitled program or activity, the head of the agency Whereas the incidence of PTSD in mem- ‘‘Oversight of the Office of the Intellec- shall, not later than 30 days after such deter- bers of the military is rising as the United tual Property Enforcement Coordi- mination, submit to Congress— States Armed Forces conducts 2 wars, expos- nator.’’ (A) reauthorization proposals for each pro- ing hundreds of thousands of soldiers to The PRESIDING OFFICER. Without gram or activity that has not been in com- traumatic life-threatening events; objection, it is so ordered. pliance for 3 or more consecutive fiscal Whereas from 2000 to 2009, approximately years; or 76,000 Department of Defense patients were COMMITTEE ON RULES AND ADMINISTRATION (B) proposed statutory changes necessary diagnosed with PTSD; Mr. KAUFMAN. Mr. President, I ask to bring the program or activity into compli- Whereas the Department of Defense pa- unanimous consent that the Com- ance. tients— mittee on Rules and Administration be (d) COMPLIANCE ENFORCEMENT PILOT PRO- (1) were hospitalized more than 5,300 times authorized to meet during the session GRAMS.— with a primary diagnosis of PTSD; and of the Senate on June 23, 2010, at 10 (1) IN GENERAL.—The Director of the Office (2) had more than 578,000 outpatient visits of Management and Budget may establish 1 in which PTSD was the primary diagnosis; a.m., to conduct a hearing entitled or more pilot programs which shall test po- Whereas PTSD significantly increases the ‘‘Examining the Filibuster: Silent Fili- tential accountability mechanisms with ap- risk of depression, suicide, and drug and al- busters, Holds and the Senate Con- propriate incentives and consequences tied cohol related disorders and deaths; firmation Process.’’ to success in ensuring compliance with this Whereas the Departments of Defense and The PRESIDING OFFICER. Without Act and eliminating improper payments. Veterans Affairs have made significant ad- objection, it is so ordered. (2) REPORT.—Not later than 5 years after vances in the prevention, diagnosis, and SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- the date of enactment of this Act, the Direc- treatment of PTSD and the symptoms of AGEMENT, GOVERNMENT INFORMATION, FED- tor of the Office of Management and Budget PTSD, but many challenges remain; and ERAL SERVICES, AND INTERNATIONAL SECU- shall submit a report to Congress on the Whereas the establishment of a National RITY findings associated with any pilot programs Post-Traumatic Stress Disorder Awareness conducted under paragraph (1). The report Day will raise public awareness about issues Mr. KAUFMAN. Mr. President, I ask shall include any legislative or other rec- related to PTSD: Now, therefore, be it unanimous consent that the Com- ommendations that the Director determines f mittee on Homeland Security and Gov- necessary. ernmental Affairs’ Subcommittee on (e) REPORT ON CHIEF FINANCIAL OFFICERS NOTICE OF HEARING Federal Financial Management, Gov- ACT OF 1990.—Not later than 1 year after the COMMITTEE ON INDIAN AFFAIRS date of the enactment of this Act, the Chief ernment Information, Federal Serv- Financial Officers Council established under Mr. DORGAN. Mr. President, I would ices, and International Security be au- section 302 of the Chief Financial Officers like to announce that the Committee thorized to meet during the session of Act of 1990 (31 U.S.C. 901 note) and the Coun- on Indian Affairs will meet on Wednes- the Senate on June 23, 2010, at 2:30 cil of Inspectors General on Integrity and Ef- day, June 30, 2010, at 9:30 a.m. in room p.m., to conduct a hearing entitled ficiency established under section 7 of the In- 628 of the Dirksen Senate Office Build- ‘‘Having Their Say: Customer and Em- spector General Reform Act of 2009 (Public ployee Views on the Future of the U.S. Law 110–409), in consultation with a broad ing to conduct a business meeting on cross-section of experts and stakeholders in pending committee issues to be fol- Postal Service.’’ Government accounting and financial man- lowed immediately by an oversight The PRESIDING OFFICER. Without agement shall— hearing entitled ‘‘A Way Out of the di- objection, it is so ordered.

VerDate Mar 15 2010 03:47 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.046 S23JNPT1 rfrederick on DSKB9S0YB1PROD with SENATE S5380 CONGRESSIONAL RECORD — SENATE June 23, 2010 PRIVILEGES OF THE FLOOR approved to date, the morning hour be it stand adjourned under the previous Mr. HARKIN. Mr. President, I ask deemed expired, the time for the two order. unanimous consent that Laura Cilek leaders be reserved for their use later There being no objection, the Senate, and Marshall Fisher of my staff be in the day, and that following any lead- at 9:15 p.m., adjourned until Thursday, granted the privilege of the floor for er remarks, the Senate proceed to a pe- June 24, 2010, at 9:30 a.m. the duration of the day’s proceedings. riod of morning business for 1 hour, f The PRESIDING OFFICER. Without with Senators permitted to speak for up to 10 minutes each during that time, objection, it is so ordered. CONFIRMATIONS Mr. BINGAMAN. Mr. President, I ask with the majority controlling the first unanimous consent that Kevin 30 minutes and the Republicans con- Executive nominations confirmed by Wenderoth and Leah Paisner of my of- trolling the final 30 minutes; and that the Senate, Wednesday, June 23, 2010: fice be granted the privilege of the following morning business, the Senate DEPARTMENT OF TRANSPORTATION floor for today, June 23. resume the House message to accom- MICHAEL PETER HUERTA, OF THE DISTRICT OF COLUM- The PRESIDING OFFICER. Without pany H.R. 4213. BIA, TO BE DEPUTY ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION. objection, it is so ordered. The PRESIDING OFFICER. Without ENVIRONMENTAL PROTECTION AGENCY Mr. CARDIN. Mr. President, I ask objection, it is so ordered. unanimous consent that privileges of MALCOLM D. JACKSON, OF ILLINOIS, TO BE AN ASSIST- f ANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- the floor be granted to Scott Glick, a TION AGENCY. Department of Justice detailee to the PROGRAM DELTA REGIONAL AUTHORITY Judiciary Committee assigned to my Mr. REID. Mr. President, I tell every- CHRISTOPHER A. MASINGILL, OF ARKANSAS, TO BE staff, during today’s session. one that tomorrow we hope to reach an FEDERAL COCHAIRPERSON, DELTA REGIONAL AUTHOR- The PRESIDING OFFICER. Without ITY. agreement to consider the Iran sanc- objection, it is so ordered. CHEMICAL SAFETY AND HAZARD INVESTIGATION tions conference report. Senators BOARD f should expect rollcall votes throughout RAFAEL MOURE-ERASO, OF MASSACHUSETTS, TO BE ORDERS FOR THURSDAY, JUNE 24, the day. CHAIRPERSON OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD FOR A TERM OF FIVE YEARS. 2010 f MARK A. GRIFFON, OF NEW HAMPSHIRE, TO BE A MEM- Mr. REID. Mr. President, I ask unan- BER OF THE CHEMICAL SAFETY AND HAZARD INVES- ADJOURNMENT UNTIL 9:30 A.M. TIGATION BOARD FOR A TERM OF FIVE YEARS. imous consent that when the Senate RAFAEL MOURE-ERASO, OF MASSACHUSETTS, TO BE A completes its business tonight, it ad- TOMORROW MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- VESTIGATION BOARD FOR A TERM OF FIVE YEARS. journ until 9:30 a.m. on Thursday, June Mr. REID. Mr. President, if there is THE ABOVE NOMINATIONS WERE APPROVED SUBJECT 24; that following the prayer and no further business to come before the TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY pledge, the Journal of proceedings be Senate, I ask unanimous consent that CONSTITUTED COMMITTEE OF THE SENATE.

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REMEMBERING EUGENE gress, I wish to congratulate Keith on this CONGRATULATING SEAN NANK, MCCAMMON achievement and thank him for his efforts RECIPIENT OF THE PRESI- within our community. DENTIAL AWARD FOR EXCEL- HON. TIM RYAN Keith’s commitment to the development of LENCE IN MATHEMATICS AND OF OHIO Escalante Community Center has made a tre- SCIENCE TEACHING IN THE HOUSE OF REPRESENTATIVES mendous positive impact on that neighborhood and the broader community. His dedication Wednesday, June 23, 2010 HON. DARRELL E. ISSA and leadership helped lead to the expansion OF CALIFORNIA Mr. RYAN of Ohio. Madam Speaker, I rise of the Escalante Community Center, which IN THE HOUSE OF REPRESENTATIVES to remember Eugene Blair McCammon of has grown from 3,000 square feet to 37,000 New Springfield, Ohio who passed away last square feet. These facilities operate as an es- Wednesday, June 23, 2010 Thursday, June 17, 2010. sential tool to provide a safe and entertaining Mr. ISSA. Madam Speaker, I rise today to Mr. McCammon was born on May 15, 1927, place for teenagers and children. recognize Sean Nank, a teacher at El Camino in Youngstown, Ohio and worked as a railroad Through the center, Keith has established High School in Oceanside, California and con- yard clerk for the Erie Lackawanna Railroad programs geared toward reducing gang-re- gratulate him on receiving the Presidential and as a school bus driver for the Boardman lated crimes. His efforts at the Escalante Com- Award for Excellence in Mathematics and schools. He served the community of New munity Center have provided a model for simi- Science Teaching (PAEMST). This remarkable Springfield as a member of the VFW, a mem- lar community centers throughout Tempe. achievement is the highest recognition that a ber of the Church of God, an EMT, and a vol- Madam Speaker, please join me in recog- kindergarten through twelfth grade mathe- unteer firefighter. nizing Keith Burke, a truly valuable and inspi- matics or science teacher may receive for out- After his graduation from Rayen High rational member of our community, for earning standing teaching in the United States. School, he served in the United States Navy this Lifetime Achievement Award. Mr. Nank has proven to be an outstanding and later enlisted in the United States Marine educator who has taken his teaching to the Corps. In November and December of 1950, f next level. This prestigious award justly recog- Eugene McCammon fought in the Battle of nizes his curriculum content that has led to Chosin Reservoir known as the Frozen Chosin EAGLE SCOUT RECOGNITION enhanced student learning through unique and fought by the Chosin Few. Following the classroom instruction. onslaught of the Chinese Army across the HON. ROBERT J. WITTMAN With 13 years of teaching experience, Mr. Yalu River, U.S. and U.N. forces were over- Nank is currently a secondary mathematics OF VIRGINIA whelmed and began a seventeen-day battle teacher of Algebra I, Geometry, and Algebra II as a Siberian cold front dropped the tempera- IN THE HOUSE OF REPRESENTATIVES courses. He has demonstrated an unwavering ture to 35 degrees below zero. The fighting at Wednesday, June 23, 2010 commitment to the needs of students by pro- Chosin Reservoir was some of the most vio- moting the principles of a quality and chal- Mr. WITTMAN. Madam Speaker, I rise lent small unit fighting in the history of Amer- lenging curriculum. today to recognize three outstanding young ican warfare as our forces struggled along a PAEMST is administered by the National men from Montross, Virginia who have exhib- 78-mile-long narrow road toward the port of Science Foundation on behalf of The White ited the finest qualities of citizenship and lead- Hungnam. Eugene McCammon received a House Office of Science and Technology Pol- ership by taking an active part in Troop 252 of Purple Heart and a Silver Star for gallantry in icy. This award recognizes teachers for their the Boy Scouts of America and earning the action and valor in the face of the enemy. outstanding contributions to teaching and prestigious title of Eagle Scout. Each of the Mr. McCammon is survived by two daugh- learning and their ability to help students make scouts selflessly dedicated his time and re- ters, Kathleen Connolly and Jeri Westover, his progress in mathematics and science. sources to benefit the surrounding community, nephew Robert McLaughlin, two brothers, Earl As a well deserving recipient of this tremen- and they are all fine representatives of my McCammon and Donald McCammon, two sis- dous award, I am honored to represent con- hometown. ters, Rose Margaret Maizel and Dorothy stituents in the 49th District who are devoted Wiscott, granddaughter Molly Kathleen, and Murphy Bailey, a 2009 graduate of Wash- to furthering the educational advancement of many friends and extended family members. ington and Lee High School, used his Eagle our nation’s young people and encouraging On behalf of a grateful Nation we remember Scout project to help the citizens of nearby and inspiring our next generation of leaders. the patriotic service and the life of our friend Kinsale, Virginia, pouring concrete bases and This award represents a heartfelt salute of ap- and neighbor Eugene Blair McCammon. building picnic tables to enhance visitors’ ex- preciation to Mr. Nank as an extraordinary periences in the town park. Murphy is cur- f teacher committed to helping students achieve rently farming in Westmoreland County. academic success. RECOGNIZING KEITH BURKE, RE- Trent Jones, a recent graduate of Wash- Madam Speaker, I would like to commend CIPIENT OF THE ARIZONA GANG ington and Lee High School, rebuilt a dilapi- Mr. Nank’s leadership and his dedication to INVESTIGATORS ASSOCIATION’S dated fence at Beulah Baptist Church in advancing excellence in mathematics. Once LIFETIME ACHIEVEMENT AWARD Lyelles, Virginia. Trent raised the project again, I congratulate him on receiving this in- funds, formulated a budget, and managed the credible honor and applaud his contributions HON. HARRY E. MITCHELL workers who assisted in the fence’s recon- to the education of future generations. struction. Trent plans to attend Virginia Tech OF ARIZONA f in the fall. IN THE HOUSE OF REPRESENTATIVES G. E. ‘‘Bubby’’ Miles, also a recent graduate HONORING THE LIFE AND SERVICE Wednesday, June 23, 2010 of Washington and Lee High School, volun- OF SGT JOSHUA AKONI SABLAN Mr. MITCHELL. Madam Speaker, I rise teered a considerable amount of his time at LUKEALA today to recognize Mr. Keith Burke of Tempe, the Cople District Fire Department in Coles the recipient of the Arizona Gang Investigators Point. Bubby plans to attend college in the fall. HON. MADELEINE Z. BORDALLO Association’s Lifetime Achievement Award. Madam Speaker, I proudly ask you to join OF GUAM Keith has dedicated the past 18 years of his me in commending Murphy Bailey, Trent IN THE HOUSE OF REPRESENTATIVES career to the development of gang prevention Jones, and Bubby Miles for their accomplish- programs in the city of Tempe. As a former ments with the Boy Scouts of America and for Wednesday, June 23, 2010 mayor and lifelong resident of Tempe, and the efforts each of them put forth in achieving Ms. BORDALLO. Madam Speaker, I rise now my hometown’s representative in Con- the prestigious rank of Eagle Scout. today to honor the service and sacrifice of

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

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JN8.001 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1170 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 Sergeant Joshua Akoni tion without regard to income or wealth. Son- know their needs, you can lead them better. I Sablan Lukeala. SGT Lukeala served in the ny’s pursuit of the truth was relentless. He really dug in to know the culture, the needs.’’ 101st Airborne Division’s Air Assault team stopped at nothing to find the elusive witness, Following my remarks, Madam Speaker, I based out of Fort Campbell, Kentucky, and on document, or film footage for the sake of truth will include the full story about General Burnett June 9, 2010, SGT Lukeala passed away in and justice. Sonny always worked for the indi- entitled ‘‘A Leader’s Legacy’’ written by Master support of Operation Enduring Freedom in Af- gent criminal defendant, but he believed that Sergeant Thomas Kielbasa because it cap- ghanistan. He was 23 years old. the quality of justice his clients received was tures the essence of a leader who carries out SGT Lukeala was born on February 19, a barometer for the quality of justice to which his duties equally focused on his mission and 1987, to Anthony and Dorothy Lukeala of everyone is entitled. the needs of his troops. Yigo, Guam. The son of a retired Army vet- Madam Speaker, Sonny had a profound im- My wife Beverly and I know of General Bur- eran and Junior Reserve Officer Training pact on his country, his community, his friends nett’s commitment to standing up for the Corps instructor, SGT Lukeala’s career began and family, and will be missed by all who needs of his troops. We took many of his calls with the JROTC at Simon Sanchez High knew him. and e-mails in the middle of the night when School where he excelled as an expert marks- f others tried to deploy his troops with insuffi- man. In 2005, he enlisted in the U.S. Army cient equipment, when they left his troops sit- soon after his high school graduation. He was MAJOR GENERAL DOUGLAS BUR- ting on a tarmac without an aircraft waiting to deployed to Iraq under the Stryker Brigade NETT, FLORIDA’S ADJUTANT return home, or when they readied his troops Combat Team, 25th Infantry Division in 2007, GENERAL, RETIRES AFTER 47 for deployment by putting them in inferior and during his deployment, SGT Lukeala was YEARS IN UNIFORM housing. Together we solved those problems wounded by an improvised explosive device but only because General Burnett had the that detonated nearby while on foot patrol. HON. C. W. BILL YOUNG courage to stand up for his troops and their The force of the blast caused SGT Lukeala to OF FLORIDA families. suffer partial hearing loss, and he was later IN THE HOUSE OF REPRESENTATIVES As a career guardsman, General Burnett awarded the Purple Heart in recognition of his Wednesday, June 23, 2010 knew that there is no distinction between the service in Iraq. abilities and professionalism of guard and ac- Although he sustained injuries during his Mr. YOUNG of Florida. Madam Speaker, tive duty troops. And he always made sure previous tour in Iraq, SGT Lukeala continued our state of Florida and our nation will lose that our nation’s military leadership knew that his service to our nation with the 101st Air- one of our nation’s uniformed heroes Friday and respected the special skills of our Citizen borne Division in support of operations in Af- when Florida Adjutant General, Major General Soldiers. ghanistan. His commitment to the cause of Douglas Burnett, retires after serving our state Throughout his life in uniform, General Bur- freedom and to serving our nation on multiple as Adjutant General for almost nine years. nett served side by side with his wife Judy tours of duty is to be commended. On June 9, In fact his 47 years, four months and 12 who shared his commitment to taking care of 2010, SGT Lukeala paid the ultimate sacrifice days in uniform make him our nation’s longest the needs of his soldiers and particularly their in answering the call of duty, and I join our serving Air Force officer. That is correct, Gen- families. She understood the stress of long de- community in mourning the loss of SGT eral Burnett led the Florida National Guard ployments on spouses and children. This in- Lukeala and, on behalf of a grateful nation, I while wearing a blue Air Force uniform. He cluded financial and emotional strains. offer condolences to his wife, Deniece Nave was the first Air Guard officer selected by a Madam Speaker, Major General Douglas Lukeala; his daughter; his parents, Anthony Governor to lead Florida’s National and Air Burnett has raised the bar to a new level and Dorothy Lukeala; his brother, Anthony Guard. when it comes to leadership. He has devoted Keoni Lukeala; and to his many family and General Burnett led his troops with passion his life to securing our state and securing our friends. We will never forget the sacrifice SGT and compassion. He rose through the ranks of nation. He has helped shepherd us through Lukeala made for our freedom. a life-long National Guard career, beginning as some of our most difficult and dangerous May God bless the family and friends of an enlisted aircraft radio repairman in 1963 times and done it with great skill. He has also SGT Joshua Akoni Sablan Lukeala, God bless and securing his officer’s commission and trained his replacement, Major General Em- Guam, and God bless the United States of flight wings in 1969. Throughout his career, he mett R. Titshaw, Jr., well as this Air Guards- America. served at all levels of the Florida Guard, in- men will step right in prepared to lead Flor- cluding five tours as Assistant Adjutant Gen- f ida’s troops wherever their mission takes eral Air and Commander of the Florida Air them. IN MEMORY OF FRED LEWIS Guard. Our nation owes a tremendous debt of grati- ‘‘SONNY’’ ANDERSON, JR. Florida Governor Jeb Bush recognized this tude to Major General Douglas Burnett for his strong and steady record of leadership when lifetime of service to our state and our nation HON. KEITH ELLISON just two months after one of our nation’s dark- and to the cause of freedom and liberty. He OF MINNESOTA est days, September 11, 2001, he selected has followed in the greatest tradition of all IN THE HOUSE OF REPRESENTATIVES General Burnett to serve as Florida’s Adjutant those who have worn our nation’s uniform General. It was a tall task for any officer but from the Minutemen, our nation’s earliest cit- Wednesday, June 23, 2010 the right task for this General. izen soldiers, to the heroes who continue to Mr. ELLISON. Madam Speaker, it is with General Burnett quickly established the re- carryout the international war on terrorism. great sadness I rise today to mourn the pass- spect and confidence of his troops as he over In behalf of the people of Florida and the ing of my friend and Minnesota criminal de- saw a force of 11,000 soldiers and airmen United States of America, and all those Gen- fense investigator, Fred Lewis ‘‘Sonny’’ Ander- who deployed to two wars in Iraq and Afghani- eral Burnett has served with and led these son, Junior. stan, responded to 14 hurricanes, five dan- past 47 years, thank you for a job well done. Sonny was born and raised in Minneapolis gerous years of forest fires, untold tornadoes, [From The Eagle’s Eye] and graduated from North High School in and even a mission to secure the U.S.-Mexico A LEADER’S LEGACY: MAJOR GENERAL DOUG- 1966. He went on to attend the University of border. In fact, the current deployment of Flor- LAS BURNETT, ADJUTANT GENERAL OF FLOR- Minnesota, where he majored in criminal jus- ida Guardsmen in support of Operation Endur- IDA, REFLECTS ON 47 YEARS OF SERVICE tice. He served his country in the United ing Freedom is the largest deployment of Flor- (By Master Sgt. Thomas Kielbasa) States Army from 1968–1970, and later ida troops since World War II. ST. AUGUSTINE, FL (June 17, 2010).—It’s served his community for 25 years as a Crimi- Despite this hectic pace of operations over been a long, fast flight for Douglas Burnett. nal Defense Investigator with the Legal Rights the past nine years, General Burnett never His career took off on a sunny morning near- Center in the Hennepin County Public Defend- lost site of his mission to ensure the readiness ly 50 years ago when he was a young Airman er’s Office. Sonny was an avid sportsman, and of his troops and availability of the equipment climbing into the cockpit of an F–102 fighter was a loving and loyal father, son, brother, they would need to carry out their missions jet to repair a pilot’s radio. uncle, grandfather and friend. safely and successfully. First and foremost, In what felt like just a few heartbeats to Sonny was the Chief Investigator during my though, was the morale of his guardsmen and the Florida Guardsman and aspiring jet pilot, his career sped by like a supersonic tenure as Executive Director at the Legal their families. As he told the Florida Air Na- fighter. Rights Center in Minneapolis, MN. Through tional Guard publication The Eagle’s Eye, ‘‘I Now the 65-year-old major general and cur- Sonny’s tireless and courageous work, many felt that when you get to know the people and rent Adjutant General of Florida knows his Minnesotans received high quality representa- you get to know their mission and you get to 47 years of military service are nearly over.

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K23JN8.005 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1171 On June 26 Maj. Gen. Burnett will retire eral approached them, asked about their jobs tional Guard. Our senators and the rest of from the Florida National Guard, but he or families, and discussed the similarities be- the delegation have been superb as well.’’ clearly remembers that day he first sat in a tween the Army and the Air Force. Later in 2003 uncertainty about the rede- fighter jet and decided to make a lifetime ‘‘There are a lot of similarities,’’ Burnett ployment dates of the Florida Infantry units commitment to the National Guard. said. ‘‘That crew chief on the flight line is serving in Iraq brought a storm of media ‘‘It seems like yesterday,’’ the general said just as committed to working in tough con- coverage and outcry from concerned family during a recent interview at his home in St. ditions as that Army Infantry Soldier who is members. The general’s answer was to ad- Augustine. ‘‘I came back from tech school as out there in the foxhole and crawling dress the concerns of the families and the an electronics specialist and I went out onto through the mud.’’ public directly during a series of unprece- the flight line to repair a radio. I had to get He admitted that some people might call dented and personal ‘‘town hall meetings.’’ into the cockpit to make sure it worked, and his leadership style ‘‘micromanagement,’’ ‘‘Initially our Soldiers believed they would there was something about it that was big- but he calls it ‘‘engaged leadership.’’ only be gone for six months,’’ Maj. Gen. Bur- ger than anything I had seen in my life. Just ‘‘I felt that when you get to know the peo- nett recollected. ‘‘As it became obvious they sitting in that airplane . . . that was just a ple and you get to know their mission and would spend a year of ‘boots on the ground’ really big deal.’’ you get to know their needs, you can lead our families were frightened and they were That moment in 1963 jumpstarted the them better,’’ he explained. ‘‘I really dug in frustrated. I felt the only way to get the young Burnett’s career as an Air Force offi- to know the culture, the needs.’’ message to them was to do it personally.’’ In a little over a week he participated in cer and fighter pilot, and when that career WARTIME TAG ends after 47 years, four months and 12 days, ten meetings from South Florida to the Pan- When he assumed the role of Adjutant Gen- it will set a record making him the longest handle, meeting with family groups and let- eral in November 2001, Maj. Gen. Burnett serving Air Force officer. ting them know why the Soldiers would con- knew he was taking charge during an un- tinue to serve in the combat zone. A CAREER TAKES OFF precedented time in the Florida National ‘‘It was a pick-up game at that point; A native of Jacksonville, Fla., Burnett Guard. The Sept. 11 terrorist attacks were things were changing daily,’’ he said. ‘‘I was grew up interested in electronics and devel- fresh wounds on the American psyche, and working on behalf of the governor to carry oped a strong respect for the military that no one could exactly predict how that would facts to these families. And it was a very dif- led him to enlist in the Florida Air National affect those serving in uniform; during the ficult mission because the senior leaders in Guard. Shortly after high school he attended next nine years the ‘‘Global War on Ter- Iraq were telling Guardsmen that they were basic training at Lackland Air Force Base, rorism’’ would draw the talents of more than going to be going home at the six-month Texas, and then the U.S. Air Force Elec- 11,000 Florida Army National Guard Soldiers point. And the information I was getting tronics School at Keesler Air Force Base, and Airmen to locations and combat zones from the Pentagon was that we were going to Miss. For the next six years he served at the around the world. be there for a year. I had to go out and de- 125th Fighter Group in Jacksonville as an ‘‘Not only were we engaged in combat op- liver that news, and it was very difficult to aircraft radio repairman. erations in two wars in Afghanistan and Iraq look these families in the eyes and tell them ‘‘Being around folks in the Air Guard was and other places in harm’s way, but we re- their Soldiers would be gone another six just a joy to me,’’ he recollected. ‘‘I was into sponded to 14 hurricanes, five firefighting months.’’ drag racing at the time; the guys that had seasons, major tornadoes, and we’ve done it ‘‘NOT YOUR GRANDFATHER’S NATIONAL GUARD’’ the best looking cars and the fastest cars all at the same time,’’ the general noted. The extensive deployments for the Soldiers were in the Air Guard as well.’’ ‘‘And while we were doing this we also sent and Airmen of the Florida National Guard With his sights set on being a fighter pilot Florida Guardsmen to the U.S.-Mexico bor- after 2001 demanded a commitment to a and an officer, he earned a degree in Business der security mission called ‘Operation Jump tenet that the Adjutant General addressed Administration from the University of Start.’ ’’ throughout his career: Readiness. Southern Mississippi and received a direct Burnett said this showed the Department ‘‘Readiness and high states of readiness are commission in 1969. After fighter pilot train- of Defense, the Departments of the Army and confidence builders,’’ he explained. ‘‘These ing he was no longer just dreaming of flying Air Force, and the National Guard Bureau, successes ensure (Department of Defense) the F–102 Delta Dagger, but was actually a that ‘‘Florida can fight major wars, respond support and Congressional funding. You just full-time alert pilot and later a commercial to natural disasters and still perform domes- can’t operate a National Guard with any- pilot for Pan American World Airways and tic security operations at the same time. thing less than the highest standards.’’ United Airlines. The nation has a right to expect us to step Burnett’s mantra of the Guard moving After holding several key positions in the up in all three venues.’’ from ‘‘a force in reserve to a force in being’’ Florida Air National Guard and accumu- But as the Florida National Guard moved was echoed throughout the Florida National lating more than 20,000 flying hours in every- into the uncharted territory of a 21st cen- Guard during his tenure and evidenced each thing from the F–102 Delta Dagger to the tury battlefield, the general met the chal- time an Army or Air unit left for deploy- C–130 Hercules, Burnett was selected as the lenges and pressures of being a ‘‘wartime ment. He said Active Duty counterparts and Adjutant General of Florida in late 2001. TAG.’’ Florida citizens deserved to know how ready ENGAGED LEADERSHIP ‘‘I can think of many occasions that kept and reliable the Florida National Guard ac- For the first time in the history of the me up at night,’’ Burnett admitted. ‘‘The tually was, especially during high-profile Florida National Guard an Air Guard officer rapid deployment of the 53rd Brigade to Iraq missions like Operations Noble Eagle, Iraqi had been chosen to lead the more than 12,000 in 2002 was one of the roughest periods, be- Freedom, or Enduring Freedom. Soldiers and Airmen in the state. This broke cause we literally called Soldiers the day ‘‘I think we’ve been able to transcend a lot the tradition of only Army general officers after Christmas and in five or six days we of concerns about Guard readiness in the serving as The Adjutant General (TAG) of were moving them to Fort Stewart.’’ past, because over seven years of combat op- Florida. He said the biggest question he kept ask- erations in Afghanistan and Iraq they have ‘‘I had spent many years in the Florida Air ing himself was whether the more than 1,500 found the Guard highly capable,’’ he said. National Guard and I knew my service—the Florida National Guard Soldiers were The general pointed to high ratings by the ‘blue suit’ side—pretty well,’’ the general ex- trained enough for combat operations Florida Air National Guard on Operational plained. ‘‘As the new TAG I knew I had to against Saddam Hussein’s forces. Readiness Inspections, and by the Florida get knee-deep into Soldier things—right ‘‘I was concerned if we had the right weap- Army National Guard on Command Logistics down to the equipment our Soldiers used— ons,’’ he explained. ‘‘For example, body Review inspections, as proof of this. everything.’’ armor: we did not start with the Interceptor ‘‘That’s the way to send the signal that we Burnett admitted he had a learning curve body armor that the Active Duty had. And ‘get it’,’’ he said. ‘‘This is not your grand- to familiarize himself with every aspect of we didn’t know if we were going to have it father’s National Guard. the Army National Guard; he studied every- until right before we went through that ‘‘I really hope the commitment to excel- thing from basic Infantry tactics to even berm between Jordan and Iraq. I was very lence that I’ve tried to instill, has become a learning the proper usage of the word concerned we weren’t going to have it.’’ mindset in our Soldiers and Airmen,’’ Bur- ‘‘Hooah.’’ Thanks to support by congressional lead- nett added. ‘‘If you don’t want to be part of ‘‘I learned the Army language,’’ he said. ers, National Guard Soldiers and Airmen the best National Guard state in America, ‘‘It’s almost like being bilingual . . . you throughout Florida were equipped and ready, you probably don’t want to serve here. And I come to appreciate the Army’s culture, Burnett noted. can assure you that almost all of our people which is the rugged business of ‘fieldcraft.’ ’’ ‘‘Our congressional delegation has been feel that way. We have fighter pilots wanting Throughout the next nine years Maj. Gen. magnificent in our support of the Florida to join the 125th Fighter Wing because of its Burnett would be seen jumping into a fox- National Guard, particularly in the funding high standards of excellence. We have young hole next to a young private to test a .50- of new equipment,’’ he said. ‘‘The Constitu- people that stay with us on the Army side calibre machine gun, looking under the hood tion says that the Congress will equip the because they want to be on a winning team. of a mud-speckled Humvee, and even donning Guard, and they’ve done that. Congressman And we are a winning team.’’ a Kevlar helmet to watch engineers rig ex- C.W. Bill Young has been an absolute hero in LEGACY OF PEOPLE plosives. Soldiers throughout the state leading the charge for the modernization of When he entered the military during the would stare wide-eyed as the two-star gen- equipment and facilities for the Florida Na- heyday of the Cold War, Airman Burnett was

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K23JN8.007 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1172 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 working with equipment and aircraft that As his 47-year-long sortie comes to an end, of the Honorable State Representative William now can probably only be seen in military and he pushes back the cockpit canopy of an A. Oberle, Jr. A member of Delaware’s Gen- museums. Almost half a century later the historic career one last time, Douglas Bur- eral Assembly for over 34 years, Representa- nett will know the flight lasted just a few Guard’s equipment has changed, but the high tive Oberle has served his constituents, his level of commitment and service found in its seconds—nearly 1.5 billion seconds. people has remained. And the Florida National Guard is grateful community and his state with genuine devo- According to the Adjutant General, he be- for every second he has given to our state tion, and his presence will be greatly missed. lieves his own commitment to those mem- and nation. Well done, sir . . . well done! For over three decades Bill has worked dili- bers of the Florida National Guard’s enlisted f gently as a representative of the 24th Rep- and officer corps will serve as his lasting leg- resentative District, ensuring that his constitu- acy. CONGRATULATING KELLER INDE- ents have had a strong voice in the General ‘‘I would hope that my biggest legacy is PENDENT SCHOOL DISTRICT FOR Assembly. I worked with Bill for eight years at that I was a leader who was engaged in the WINNING THE 2010 TEXAS SAFE Legislative Hall in Dover, Delaware and was full spectrum of our missions, but was most- SCHOOLS AWARD ly concerned about people,’’ he said. ‘‘Be- able to witness first hand his steadfastness cause, it is the people that make the Na- and spirit. Bill will leave behind an indelible tional Guard what it is. We’ve always done HON. MICHAEL C. BURGESS legacy in the General Assembly—for his the missions even though we haven’t always OF TEXAS countless years of dedicated service and, had the best equipment. We’ve got good IN THE HOUSE OF REPRESENTATIVES most of all, for his outstanding commitment to equipment now, but it’s the same great peo- Wednesday, June 23, 2010 the constituents whom he represented. His ple we’ve always had.’’ history of determination and resolve serves as Mr. BURGESS. Madam Speaker, I rise Burnett lauded the non-commissioned offi- a template for all public servants. cers (NCOs) he has served with during his today to recognize the Keller Independent Bill holds the distinct title of the General As- long career, noting that while their profes- School District in Keller, Texas. Keller ISD is sionalism has remained high, they have be- sembly’s longest serving Republican ever, the winner of the 2010 Texas Safe School which he achieved through years of hard come increasingly ‘‘technically and profes- Award, which is given to the school district sionally proficient’’ over the years. work, putting aside party differences and ‘‘I still hold in awe the NCOs that led us with the most comprehensive security plan in reaching across the aisle to arrive at policies during the 60s, the 70s and the 80s; they were the State. which were most beneficial to his constituents Keller ISD has implemented a system where absolutely astounding,’’ he explained. and the state of Delaware. Over his career, campus doors are locked and visitors are ‘‘We’ve always had strong NCOs, but they’ve Bill has been the champion of imperative leg- stepped up, they’re taking on more responsi- buzzed in at one or two locations. At most islation which brought much needed change to bility earlier, they’re exerting strong leader- schools, visitors are routed directly to the of- our state. A strong labor supporter, his work ship skills earlier.’’ fice where drivers’ licenses are scanned He noted that as a senior leader he always on the issues of neighborhood schooling, through the Raptor System. The program tried to focus his own energy on meeting the workers compensation, and the support he compares the identification with sex offender needs of the junior enlisted and junior offi- lent to various police forces have been effica- databases and issues an alert if necessary. cers. cious in elevating Delaware’s communities. ‘‘I’ve been concerned with making sure our The system also prints out a sticker with the I am proud to have served with Bill for the leaders understand how important it is to person’s name and driver’s license photo. eight years that I did, and pleased to have this reach out to every individual Guardsman so Districts were judged on their collaborative opportunity to honor him on the occasion of that they know how important we think efforts with local law enforcement and emer- his retirement from the Delaware House of they are,’’ he said. ‘‘And they are very im- gency personnel, the number of student re- portant to us.’’ Representatives. He has been unwavering in source officers, staff development and student The general and his wife Judy were also his mission to represent the 24th Representa- training for emergencies, violence and drug ever-present supporters of the Guard’s ex- tive District, and will be remembered for his abuse prevention, anti-bullying and safe dating panding Family Readiness initiatives; countless contributions to his constituents, and whether it was at a unit deployment or a initiatives, mentoring and community participa- the state of Delaware. Bill has had a terrific welcome-home ceremony, the Burnetts could tion and innovations. career of public service and I wish both him be found meeting with Soldiers, Airmen, and Madam Speaker, I would like to submit for and his wife, Sally, the best on this momen- their Families. the Record the names of the Keller ISD staff ‘‘I’ve been honored to serve alongside some tous occasion. that were instrumental in achieving this honor: unbelievable people, both Army and Air,’’ he f said. ‘‘I’ve tried to shift our focus from sim- Jeff Baker—Director of Planning and Devel- ply taking care of Soldiers and Airmen to ac- opment SUPPORTING NATIONAL tually meeting our service members’ expec- Cliff Jaynes—Coordinator of Emergency HURRICANE PREPAREDNESS WEEK tations. Let me tell you, there’s a big dif- Management and Security ference between taking care of Guardsmen Danny Mitchell—Security Specialist SPEECH OF and meeting their expectations. You have to Scott Kessel—Director of Guidance and think a little more and you certainly have to Counseling HON. SHEILA JACKSON LEE work a lot harder.’’ Marcene Weatherall—Coordinator of Drug OF TEXAS FINAL APPROACH and Alcohol Prevention IN THE HOUSE OF REPRESENTATIVES Each generation of Guardsmen has a leader The Texas School Safety Center solicits Tuesday, June 22, 2010 that represents its period of service, and nominations each year for districts that dem- Ms. JACKSON LEE of Texas. Mr. Speaker, those Florida Soldiers and Airmen who onstrate a multi-layered approach to security. I rise in support of H. Res. 1330, a resolution served during the first decade of the 21st The award will be presented at the annual Century will see Burnett as this generation’s that supports the goals and ideals of National Texas Safe Schools Conference. Hurricane Preparedness Week. I also want to leader. After Maj. Gen. Burnett hangs up his Madam Speaker, I proudly rise today to rec- thank my colleague, the honorable MARIO uniform for the final time, he will stand ognize Keller ISD, winner of the 2010 Texas among those leaders who helped carry on a DIAZ-BALART, for introducing this important res- tradition of military service in Florida that Safe School Award. Keller ISD is to be highly olution. stretches back to 1565. commended for their ongoing efforts to ensure My district is in the wake of many hurri- ‘‘I’m going to miss the people,’’ Burnett the safety of its students, faculty and staff. It canes that make their way into the Gulf of said. ‘‘That is what this business is all about; is an honor to represent Keller ISD in the U.S. Mexico. Hurricane season has a profound im- being around Guardsmen has been my life.’’ House of Representatives. He said he won’t miss the status or the pact on our way of life in the gulf. Hurricane rank that went with being the Adjutant Gen- f season is upon us, and with it comes the dis- eral, but rather will miss wearing his mili- IN HONOR OF STATE REPRESENT- tinct possibility of Mother Nature wreaking tary uniform and interacting with his fellow ATIVE WILLIAM A. OBERLE, JR. more havoc on our gulf coast. Our oceans are Guard members. in peril. Reams of film from the field reach all ‘‘I’ll miss wearing the uniform because it HON. MICHAEL N. CASTLE of our doorsteps, pictures of oil covered birds, identifies you with people who have a similar ailing mammals, and other creatures that commitment to something bigger than your- OF DELAWARE self,’’ he added. ‘‘For me the National Guard IN THE HOUSE OF REPRESENTATIVES couldn’t possibly survive the copious amounts of oil. The harm done to our gulf is already at has been my passion. I loved to fly, but being Wednesday, June 23, 2010 able to make a difference and make the lives an unprecedented level. of our people better is a passion that has Mr. CASTLE. Madam Speaker, it is with Unfortunately, as long as oil plumes con- consumed me. That is what I’ll miss.’’ great honor that I recognize today the career tinue to form nebulous clouds of black a mile

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JN8.007 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1173 beneath the deep blue sea, we will continue to We must work together to improve access RECOGNITION OF CONNOR push that unprecedented level of destruction to housing and the critical infrastructure nec- ELLISON even further, continue to see our gulf shores essary to ensure that the residents of North littered with amorphous lumps of oil, continue Galveston and their communities are safe. HON. DANIEL E. LUNGREN to see the gulf coast crowded with sick ani- Where unacceptable vulnerabilities remain, OF CALIFORNIA mals, continue to see the gulf fishing industry swift action must be taken to eliminate them. IN THE HOUSE OF REPRESENTATIVES suffer. I am committed to ensuring the implementa- Lost in the discussion of Sunday’s World tion of such action. Wednesday, June 23, 2010 Refugee Day was the group of internally dis- My friends, this oil spill in the Gulf of Mexico Mr. DANIEL E. LUNGREN of California. placed individuals from Ike, Rita, and espe- threatens the livelihood of the citizens of the Madam Speaker, I rise today to recognize and cially Katrina. south central region of these United States, honor Connor Ellison. For example, our latest hurricane, Hurricane and deprives all Americans of the beauty and This past Saturday, June 19, 2010, Con- Ike, wreaked havoc on Texas, particularly in reasonable use of the seas and its inhabitants. nor’s Hope-Team Donate Life successfully Galveston and Houston. As we moved forward I urge my colleagues to support this bill. completed a 3,005 mile-long bike ride across with recovery efforts, it was clear that the im- f the United States in 6 days, 20 hours, and 39 pact of this storm had been widespread and minutes in the Race Across America. The IN RECOGNITION OF MS. BECKY many people were still in need of assistance. team started their journey in Oceanside, Cali- PISCITELLA Hurricane Ike pummeled the Texas Gulf fornia and completed the crossing in Annap- Coast, resulting in at least 38 deaths in Texas, olis, Maryland. Team Donate Life is a non- evacuation of over 1 million residents, hun- HON. MARK S. CRITZ profit organization dedicated to promoting dreds more are either missing or remain unac- OF PENNSYLVANIA organ donation and transplantation. counted for, over 2,000 residents were res- IN THE HOUSE OF REPRESENTATIVES Connor Ellison, a 12-year-old Folsom, Cali- cued from harrowing conditions, and more Wednesday, June 23, 2010 fornia resident, became the youngest rider to than $11 billion worth of damage according to Mr. CRITZ. Madam Speaker, I rise today to ever compete and finish the Race Across preliminary estimates, making this the most recognize Ms. Becky Piscitella, an outstanding America—the world’s toughest bicycle race. costly storm in Texas history. teacher who was awarded the Presidential Connor is an inspiration to all of us, as he ac- In the weeks that followed Hurricane Ike, Award for Excellence in Mathematics and complished this great feat while battling a seri- over 2.5 million families struggled to survive Science Teaching (PAEMST) by President ous liver disease called Congenital Hepatic Fi- with no electricity, including no air conditioning Barack Obama earlier this month brosis. in the sweltering heat, which had a particularly Ms. Piscitella teaches eleventh grade math- Madam Speaker, I urge my colleagues to severe impact on the elderly, disabled, impov- ematics at Richland High School, located in join me in recognizing the achievements of erished and other vulnerable populations. Johnstown, Pennsylvania. She is the only Connor Ellison and Connor’s Hope-Team Do- Clearly, we need to invest substantial funds to teacher in Pennsylvania to receive this pres- nate Life. improve our electric grids to ensure that the tigious award this year. f disparate impact on vulnerable populations is The PAEMST award is given annually to the IN HONOR OF REPRESENTATIVE corrected and never allowed to reoccur. country’s top pre-college level science and Just as we saw in the Ninth Ward of New PAMELA THORNBURG mathematics teachers. Ms. Piscitella’s award Orleans, Louisiana Post-Hurricane Katrina, in- is well deserved as her work promotes ternally displaced individuals from hurricanes science, technology, engineering and math HON. MICHAEL N. CASTLE do not receive the proper access to govern- (STEM) education. The opportunity for stu- OF DELAWARE ment aid to rebuild and recover. In fact, there dents to receive STEM education is crucial for IN THE HOUSE OF REPRESENTATIVES is still a desperate need of housing and much our nation’s competitiveness and future eco- Wednesday, June 23, 2010 more rebuilding that needs to be done to re- nomic welfare. I am delighted that students in store previous hurricane disaster victims and Mr. CASTLE. Madam Speaker, it is with the 12th Congressional District of Pennsyl- assist the residents who remain there. great honor that I recognize today the career vania are able to become the next generation We cannot allow the hurricane victims to be and accomplishments of The Honorable State of innovators and leaders because of edu- forgotten. Throughout our Post-Hurricane re- Representative Pamela Thornburg. As a mem- cators like Ms. Piscitella. covery efforts, many individuals have had dif- ber of Delaware’s General Assembly for 10 Madam Speaker, I conclude my remarks by ficulties and challenges getting the govern- years, Representative Thornburg has given congratulating her on this exceptional recogni- ment aid that they need to rebuild after the much to her community and state while faith- tion of her talents, her dedication, and her storm. Many lost their jobs or are at risk of fully serving her constituents of the 29th Dis- passion for helping our students succeed. I losing their employment due to damages in- trict. Representative Thornburg is retiring after wish her well as she continues to inspire our curred by the hurricane. an admirable career in the General Assembly, young scholars. There are men, women, and children who and her presence in the State House will be have lost so much due to flood waters and f greatly missed. storm winds. I have been proud to stand up PERSONAL EXPLANATION First elected to the State Legislature in repeatedly in Congress to fight on their behalf 2000, Pam has successfully sponsored a by securing the necessary federal funds. We HON. JOE WILSON number of high-profile laws and initiatives. A cornerstone of her legislative career was a must work together to ensure that our nation OF SOUTH CAROLINA does its part to help hurricane victims fully re- 2007 law to reduce the number of false alarms IN THE HOUSE OF REPRESENTATIVES cover by ensuring the delivery of funds that from automated alarm systems. This visionary we worked so hard to appropriate. As a senior Wednesday, June 23, 2010 legislation sought to streamline emergency re- Member of the House Homeland Security Mr. WILSON of South Carolina. Madam sponse by cutting down on the 99-percent Committee, which has oversight over the Fed- Speaker, I submit the following remarks re- false alarm rate which diverted and distracted eral Emergency Management Administration, garding my absence from votes which oc- essential emergency personnel. FEMA, I am working to ensure that our com- curred on June 22, 2010. Listed below is how As a State Representative for the 29th Dis- munities respond expeditiously to natural dis- I would have voted if I had been present. trict and a member of the House’s Agriculture asters. The protection of our homeland and Roll No. 376—H. Con. Res. 288—sup- Committee, Pam has worked tirelessly to de- the security of our neighborhoods are at the porting National Men’s Health Week—‘‘aye’’; fend Delaware’s environmental interests. She forefront of my agenda. Roll No. 377—H. Res. 546—recognizing the is an agricultural advocate and a champion of While Hurricane Ike has left an enormous historical significance of Juneteenth Independ- preservation; she has ensured that countless amount of devastation, it has demonstrated ence Day, and expressing the sense of the acres of forestland have been protected, and, yet again the amazing unity, strength and re- House of Representatives that history should as further testament to her commitment, she silience that Texans possess. Whether rich or be regarded as a means for understanding the also assisted in a separate initiative that se- poor, black or white, young or old, Democrat past and more effectively facing the chal- cured permanent funding to preserve Dela- or Republican, everyone has been working to- lenges of the future—‘‘aye’’; Roll No. 378—H. ware farmland from development. gether to respond, recover, rebuild and move Res. 1407—supporting the goals and ideals of Over her career, Pam has resolutely served forward. High-Performance Building Week—‘‘aye.’’ the constituents of the 29th District, fighting for

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.001 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1174 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 their interests while ensuring their voices were Dr. Baehre is a 1971 graduate of CONGRATULATING CHELSEY heard in the State House. Pam has had an Paedagogishce Hochschule in Heidelburg, HOFER AND ANGEL MILLENDER, excellent career in public service, and I wish Germany and holds M.A. and Ph.D. degrees WINNERS OF THE 2010 CONGRES- her the best of luck in her new position as Ex- from the State University of New York at Buf- SIONAL AWARD GOLD MEDAL ecutive Director of the Delaware Farm Bureau. falo. Her dedication to education has been dis- f played throughout her life, having held execu- HON. ALCEE L. HASTINGS tive positions at community colleges in Illinois OF FLORIDA RECOGNIZING NATIONAL CARIB- and New York before accepting the position of IN THE HOUSE OF REPRESENTATIVES BEAN-AMERICAN HERITAGE President of HACC in 1997. MONTH Wednesday, June 23, 2010 During her time at HACC, Dr. Baehre has Mr. HASTINGS of Florida. Madam Speaker, SPEECH OF led the institution through four successive stra- I rise today to congratulate two of my constitu- HON. JOHN CONYERS, JR. tegic plans, and has laid the groundwork for a ents, Chelsey Marie Hofer and Angel OF MICHIGAN fifth. Her vision and leadership have aided the Millender, the recipients of the 2010 Congres- IN THE HOUSE OF REPRESENTATIVES college in meeting the ever-changing and in- sional Award Gold Medal, the United States creasing demands for a trained and educated Congress’ only award for American youth. Tuesday, June 22, 2010 workforce within South-Central Pennsylvania. Earning this award requires at least 400 hours Mr. CONYERS. Mr. Speaker, I rise in sup- Dr. Baehre’s contribution to the college is also of community service, including 200 hours of port of House Resolution 1369, which recog- displayed in the undergraduate student enroll- both personal development and physical fit- nizes the significance of National Caribbean- ment increase from 10,250 in 1997 to nearly ness activities, and a four-night expedition or American Heritage Month. Since June of 25,000 today. Additionally, 50,000 citizens are exploration. Since 1979, the Congressional 2006, the White House has issued an annual currently enrolled in non-credit programs, Award has inspired our Nation’s youth to set proclamation recognizing June as the national workforce training, and public safety training. and achieve personally challenging goals that Caribbean-American Heritage Month. Carib- build character and foster community service, I congratulate Dr. Baehre on her achieve- bean’s have made important contributions in personal development, and citizenship. ments as President of HACC and for her con- all facets of American life from the arts to ath- I have done a lot during my lifetime, yet I tribution in aiding the college to expand both letics, science and service. was amazed to see how much these two have Actors Sidney Poitier and Harry Belafonte in numbers and in status. Her dedication and accomplished at such a young age. Having and Journalist Malcolm Gladwell are Carib- leadership are to be admired and celebrated, volunteered at organizations like the American bean-Americans who have achieved greatness and I wish her the best of luck as she takes Red Cross, Girl Scouts of the USA, and Peo- in their careers as well as in their communities her new post as President of Napa Valley ple to People International, Ms. Chelsie Marie as humanitarians and activists. Community College. Hofer has shown great humility and persever- Mr. Poitier, Mr. Belafonte, and Mr. Gladwell ance. As Ms. Hofer said: ‘‘I learned that by have not only paved the way for their fellow f setting goals and working hard, I can achieve Caribbean-Americans, but also for many other anything.’’ Mr. Angel Millender is passionate Americans who aspire to be musicians, jour- HONORING ABIGAIL FRONICK AND and determined. He took the initiative to be of nalists, actors and agents of change. For the NATASHA SANFORD service at his local hospital’s Intensive Care past 50 years, Poitier has been an example to Unit to assist individuals dealing with traumatic all Americans because of the work he did to experiences. Mr. Millender also surrounded help break down barriers in film and cinema. HON. RUSS CARNAHAN himself with positive young men by joining the Poitier was recently awarded the 2009 Presi- OF MISSOURI ‘‘Men of Tomorrow’’ youth group. Both award dential Medal of Freedom because of his post- winners traveled internationally for their ‘‘Expe- IN THE HOUSE OF REPRESENTATIVES Hollywood activities. Belafonte has earned the dition Experience’’—Ms. Hofer to Japan and Mr. Millender to Panama, where they em- title ‘‘King of Calypso’’ for popularizing Carib- Wednesday, June 23, 2010 bean style music. Belafonte was also recently braced the local culture and history. awarded the Hubert H. Humphrey Civil and Mr. CARNAHAN. Madam Speaker, I rise to Madam Speaker, Martin Luther King, Jr., Human Rights Award for his lifelong efforts for honor and acknowledge Abigail Fronick and said: ‘‘Life’s most persistent and urgent ques- equality and justice. Malcolm Gladwell is a Natasha Sanford, two young people from the tion is, ‘What are you doing for others?’ ’’ The recipients of the Gold Medal are shining ex- best-selling author who TIME magazine recog- Third Congressional District who are truly a amples of a sense of civic duty at an early nized in 2005 as one of the 100 most influen- credit to both the State of Missouri and the na- age. I congratulate both Ms. Chelsey Hofer tial people in the world. His works have shown tion as a whole. and Mr. Angel Millender of West Palm Beach, us the importance of looking at life with a crit- Abigail and Natasha have been selected to Florida, on this incredible achievement. I am ical eye and finding the small factors that have receive the Congressional Award for their out- inspired by their energy, passion and commit- large consequences in our lives. standing efforts in community service and per- ment to service their community. Because of their fame, Mr. Poitier, Mr. sonal development. Each devoted over four Madam Speaker, it is my pleasure to recog- Belafonte and Mr. Gladwell have been prop- hundred hours of voluntary public service to nize the 23rd Congressional District of Flor- erly recognized on multiple occasions; but it is St. Louis Irish Arts, where they taught and ida’s recipients of the 2010 Congressional imperative that we recognize the Caribbean- performed traditional Irish dance for the ben- Award Gold Medal for all they have done to American Community as a whole because the efit of people of all ages. serve the Palm Beach County community and diversity and talent they bring to the United I wish them much success in their future en- States enriches and strengthens our country. As is required for the Congressional Award, each of these young women also completed deavors. f an expedition of personal discovery, traveling f HONORING EDNA V. BAEHRE, to Ireland to become immersed in a different PERSONAL EXPLANATION PH.D., COLLEGE PRESIDENT OF culture and study Irish music. HACC, CENTRAL PENNSYLVA- Natasha and Abigail have both dem- NIA’S COMMUNITY COLLEGE HON. CAROLYN McCARTHY onstrated a passion for self-discovery through OF NEW YORK HON. TIM HOLDEN the examination of traditional Irish culture, and IN THE HOUSE OF REPRESENTATIVES extended that passion to the education and Wednesday, June 23, 2010 OF PENNSYLVANIA betterment of others within their community. IN THE HOUSE OF REPRESENTATIVES Mrs. MCCARTHY of New York. Madam Young people such as these show a prom- Speaker, yesterday, I missed 3 votes. Had I Wednesday, June 23, 2010 ising future for the United States, and I am been present, I would have voted as follows. Mr. HOLDEN. Madam Speaker, I wish to proud and honored to have such individuals in Rollcall No. 376, on the Motion to Suspend honor Dr. Edna Victoria Baehre for service as the Third Congressional District of the great the Rules and Agree to H. Con. Res. 288, I College President for HACC, Central Penn- state of Missouri. I find it fitting that we should would have voted ‘‘yea.’’ sylvania’s Community College. Dr. Baehre has recognize their achievements here today, and Rollcall No. 377, on the Motion to Suspend been the longest serving President of HACC, I look forward to how they will continue to the Rules and Agree to H. Res. 546, I would having held the position for 13 years. apply themselves in the future. have voted ‘‘yea.’’

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JN8.010 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1175 Rollcall No. 378, on the Motion to Suspend to the continued flourishing of Caribbean- May 22, 2010, the Wellington-Napoleon High the Rules and Agree to H. Res. 1407, I would American culture. School Tigers boys track and field team be- have voted ‘‘yea.’’ f came the 2010 Missouri Class 1 High School f State Champions. IN HONOR OF JEFFREY POTTER The Tigers competed in a field of more than PERSONAL EXPLANATION 120 teams throughout the state of Missouri. HON. THADDEUS G. McCOTTER The hard work and dedication that these HON. LYNN C. WOOLSEY OF MICHIGAN young men displayed throughout the season OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES was rewarded with their high school’s first IN THE HOUSE OF REPRESENTATIVES Wednesday, June 23, 2010 track and field championship in 19 years. This Wednesday, June 23, 2010 is a truly remarkable achievement, and I am Mr. MCCOTTER. Madam Speaker, today I so very proud of these young men and their Ms. WOOLSEY. Madam Speaker, on June rise to honor the extraordinary life of Jeffrey selfless coaches. 17, 2010, I was unavoidably detained and was Potter and to mourn him upon his passing at Members of the team include: Ethan Arndt, unable to record my vote for Rollcall No. 372. the age of 58. Nathan Ardnt, Cody Banner, Blaine Had I been present I would have voted: Roll- Born on June 15, 1952, Jeff Potter dedi- Beissenherz, Christian Bryant, Taylor Bryant, call No. 372: ‘‘yes’’—Cao of Louisiana Amend- cated his life to serving his community and his Johnny Good, Brandon Niendick, Dylon Reg- ment. country. A graduate of Eastern Michigan Uni- ister, Blake Seitz, Dustin Seitz, Michael f versity, Jeff retired from Ford Motor Company Strickler, Brian Wallman, Cody Willard, and after 30 years of employment. Jeff loved his RECOGNIZING NATIONAL CARIB- Michael Woodall. The team was coached by community and his community loved him. Quenton Bainbridge, Michelle McKown, and BEAN-AMERICAN HERITAGE Jeff was elected to the South Lyon City MONTH Tristan Layman. Council in November 1987 serving until No- Madam Speaker, the members of the Wel- vember 1989 when he was elected mayor of SPEECH OF lington-Napoleon High School Tigers track and South Lyon, serving 13 years until being elect- field team have distinguished themselves as HON. CHARLES B. RANGEL ed to serve on the Oakland County Board of the 2010 Missouri Class 1 High School Track OF NEW YORK Commissioners. During his tenure on the Oak- and Field State Champions. I am sure that my IN THE HOUSE OF REPRESENTATIVES land County Commission, Mr. Potter chaired colleagues will join me in wishing Coaches the public services committee and served on Tuesday, June 22, 2010 Bainbridge, McKown, and Layman and this re- the general government and finance commit- markable team all the best. Mr. RANGEL. Mr. Speaker, I rise today to tees. He hoped to continue to represent the recognize Caribbean-American Heritage constituents of Oakland County’s 8th district f Month and the contributions of Caribbean- by retaining his seat this fall. Jeff also served Americans to this Nation. Since 2006, the as a Member/Delegate to SEMCOG and was IN HONOR OF CHIEF CLERK JOANN United States has celebrated the rich and di- a member of the Oakland County Library HEDRICK verse history of Caribbean-American peoples Board. and the many successes of Caribbean-Ameri- Jeffrey Potter was an active proponent of HON. MICHAEL N. CASTLE cans during the month of June. community partnerships, hoping to reduce the OF DELAWARE Parallels have often been drawn between cost of government while adding to Oakland IN THE HOUSE OF REPRESENTATIVES the history of the United States and that of County’s quality of life. He was an organizer Wednesday, June 23, 2010 Caribbean nations. Like America, Caribbean and founding community sponsor of the Huron nations saw the need to resist tyrannical Euro- Valley Trail System, which connects many Mr. CASTLE. Madam Speaker, it is with pean leadership and create new democracies. Oakland communities and area parks. Jeff great honor that I take the opportunity today to The first Caribbean immigrants came to Potter authored a Strategic Land Acquisition recognize the career and accomplishments of America in 1619 as indentured servants in project in an effort to preserve land for ‘‘green the retiring Chief Clerk of the Delaware House Jamestown, and since then have played an in- space’’ and future parks. As then-Mayor Pot- of Representatives, JoAnn Hedrick. Ms. creasingly large role in American society and ter, Jeff was honored with the Distinguished Hedrick has provided three decades of invalu- in the lives of Americans. Since 1820, millions Leadership in Joint Public Services Award, able service to Delaware’s General Assembly of people have immigrated to the United 1998, and Outstanding Project Award, 1998, and her presence will be greatly missed. States from the Caribbean region, and now for southeastern Michigan. JoAnn has served my home state of Dela- Americans of Caribbean descent reside in all Regrettably, on June 21, 2010, Jeffrey Pot- ware with dedication and grace. Since starting fifty states of the Union. ter passed from this earthly world to his eter- in the House Republican Caucus in 1979, she Since our Nation’s inception, Caribbean- nal reward. He is survived by his beloved wife, has shown the utmost devotion to the General Americans have played important roles in Andra, his sons, Michael and Daniel and his Assembly. JoAnn has held the position of every aspect of American life. Alexander Ham- daughter, Jessica. A courageous and honor- Chief Clerk for more than 25 years and has al- ilton, a founding father and the first Secretary able man, Jeff will be sorely missed. ways put the needs of the Legislature first. of the Treasury, was a Caribbean immigrant. Madam Speaker, Jeff will be long remem- She is known for going above and beyond the Other notable Caribbean-Americans include bered as a compassionate father, a dedicated call of duty, willing to work late hours and lend Colin Powell, a former four-star general and husband, a leader, and a friend. Jeff was a a hand when necessary. Secretary of State, Shirley Chisholm, the first man who deeply treasured his family, friends, In 2005, in recognition of her commitment to black candidate for president and the first community and his country. Today, as we bid and outstanding efforts in the General Assem- woman to run for the Democratic nomination, Jeff farewell, I ask my colleagues to join me bly, JoAnn was honored with the National Eric Holder, the current Attorney General, in mourning his passing and honoring his un- Conference of State Legislature’s prestigious Sydney Poitier, the first African-American to wavering patriotism and legendary service to Legislative Staff Achievement Award. She has win the Academy Award for best actor, and our country and our community. held positions in various professional organi- Stokely Carmichael, a black power activist. f zations including a leadership role in the Throughout the years, Caribbean-American American Society of Legislative Clerks and culture has become engrained in American so- CONGRATULATIONS TO THE WEL- Secretary. ciety, but has managed to remain distinct and LINGTON-NAPOLEON BOYS It was my great pleasure to have been able unique. Caribbean-American music, language, TRACK AND FIELD TEAM to work with JoAnn during my eight years as literature, film, food, festivals, and culture are Governor and I am honored to be able to rec- enjoyed by all Americans. HON. IKE SKELTON ognize her today. JoAnn will be remembered Without a doubt, the influence of Caribbean- OF MISSOURI for her loyalty and dedication to her profession Americans on American culture has been IN THE HOUSE OF REPRESENTATIVES over the years, which has brought inspiration great. to the staff and the members of Delaware’s I respect and admire all that Caribbean- Wednesday, June 23, 2010 Legislature. Her service to the state of Dela- Americans have done for the United States in Mr. SKELTON. Madam Speaker, it is my ware is commendable, and I wish her a safe the past and in the present, and I look forward honor to inform the House that on Saturday, and happy retirement.

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.010 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1176 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 DONNA JEVENS TRIBUTE will today and forevermore honor and remem- Sex Trafficking Deterrence and Victim Support ber him and his service to our country. Act of 2010, bipartisan legislation that would HON. TOM McCLINTOCK f take a multi-disciplinary, cooperative approach to shutting down human sex trafficking of chil- OF CALIFORNIA RECOGNITION OF STANLEY MARKS IN THE HOUSE OF REPRESENTATIVES dren in the United States. I am pleased to be joined by original cosponsor Mr. CHRIS SMITH, Wednesday, June 23, 2010 HON. FRANK PALLONE, JR. who along with me co-chairs the Human Traf- Mr. MCCLINTOCK. Madam Speaker, I rise OF NEW JERSEY ficking Caucus. Representatives BLUMENAUER, today to join Congressman Gallegly in mourn- IN THE HOUSE OF REPRESENTATIVES STEVEN COHEN, TED POE, LAURA RICHARDSON, ing the loss of Donna Jevens, a dedicated and Wednesday, June 23, 2010 and DAVID WU also join me as original co- devoted servant of our state of California and Mr. PALLONE. Madam Speaker, I rise today sponsors. The legislation is the House com- of our nation. to recognize the lifetime achievements of panion to S. 2925, introduced by Senators I had the honor to work with Donna for a Stanley Marks, an outstanding member of his RON WYDEN and JOHN CORNYN in the Senate. decade while I served in the California State community in Manalapan, New Jersey, and a While many think that child sex trafficking is Assembly. As my field representative, she at- devoted family man. He continues to epito- a problem only in foreign countries, experts tended to the needs of every constituent who mize the concept of responsible citizenship by estimate that over 100,000 children in the sought our assistance and threw her heart and giving back to society in many ways, making United States are currently exploited through soul into the personal crises that they brought him worthy of this body’s recognition. Mr. commercial sex. Although it is hard to believe, her. In a business where the standard advice Marks’ commendable achievements make him the average age of first exploitation is 12–13. is not to get emotionally involved, she cared a deserving recipient of the 2010 Homeowners We can no longer ignore that children in our deeply about everyone she dealt with and it of Covered Bridge Person of the Year Award. country are being so horrifically exploited for showed. Stanley Marks was born in 1939 in Brook- economic gain. In the highly pressurized atmosphere of a lyn, New York, where he spent his entire The legislation takes a comprehensive ap- district office, she was always the positive, youth and much of his adult life. After grad- proach to reducing trafficking of minors. It sunny and cheerful personality that kept ev- uating from the Boys High School, he joined would create block grants to provide shelter eryone else in the office motivated and up- the RCA Institute and studied electronics. In and care for the victims, ensure adequate re- beat. his professional life, Mr. Marks has worked for sources for law enforcement and prosecutors My heart goes out to her family. They do the Avion Corp. as well as a prominent Long to rescue victims and put pimps behind bars, not mourn alone—the loss of Donna is keenly Island City electronics distributor. In 1998, he strengthen deterrence and prevention pro- felt by all of us who knew her, who worked moved to New Jersey and joined the Covered grams aimed at buyers, and require timely and with her, or who number among the countless Bridge community in Manalapan. Mr. Marks accurate reporting of missing children. legion whom she helped during more than two has lived there ever since. A committed family We have a moral obligation to help the ne- decades of selfless public service. man, he has been married for over 50 years glected victims of sex trafficking and to crack f to his wife, Jackie. They have two children down on their abusers. f HONORING THE SERVICE AND SAC- and four grandchildren. RIFICE OF UNITED STATES Mr. Marks has dedicated much of his life to IN HONOR OF THE RETIREMENT ARMY SPECIALIST CHRISTIAN M. serving each community of which he has been OF DAVID C. SAVIANO OF BIL- ADAMS a part, both in New York and New Jersey. He LERICA, MASSACHUSETTS AND has been committed to a variety of important PIPEFITTERS LOCAL 537 causes through his support of various commu- HON. GABRIELLE GIFFORDS nity organizations. Mr. Marks was a member OF ARIZONA of the Mill Basin, New York Civic Association HON. STEPHEN F. LYNCH IN THE HOUSE OF REPRESENTATIVES and the chancellor commander of Harmony OF MASSACHUSETTS Wednesday, June 23, 2010 Lodge #709 of the Knights of Pythias Domain IN THE HOUSE OF REPRESENTATIVES of New York. Currently, he is the vice chan- Ms. GIFFORDS. Madam Speaker, I rise Wednesday, June 23, 2010 cellor of the Covered Bridge Lodge #536 of today to honor U.S. Army SPC Christian M. Mr. LYNCH. Madam Speaker, I rise today in the Domain of New Jersey. Mr. Marks has Adams, who passed away on June 11, 2010. honor of David C. Saviano, born December Christian was born at Fort Bragg in North also served as the president of the Covered 21, 1950, to Anthony and Bernadina Saviano, Carolina, and spent his childhood growing up Bridge Homeowners Association. He is pres- in South Medford, Massachusetts. in Sierra Vista, Arizona where he attended ently a member of the association’s board of Dave’s family moved to Billerica when he Carmichael and Bella Vista elementary directors. In his work with the Covered Bridge was 13 years old. He graduated from Billerica schools, then Sierra Vista Middle School be- Homeowners Association, Mr. Marks has ac- Memorial High School in 1970, where his ath- fore graduating from Buena High School in tively worked to improve the quality of life of letic abilities as a wrestler, baseball player, 2003. Well known in the community, Christian his fellow residents. He has also been in- and football captain earned him Athlete of the enlisted in the Army soon after high school. volved with Meals on Wheels and has helped Year honors his senior year. Assigned to the 20th Engineer Battalion, organize transportation for the handicapped. Dave’s father, Tony, a retired member of Madam Speaker, I would once more like to 36th Engineer Brigade at Fort Hood, Texas, Pipefitters Local 537’s refrigeration division, in- thank Mr. Stanley Marks for his contributions Christian was a tracked vehicle mechanic on spired Dave to follow in his footsteps. Dave to the community and congratulate him again his second combat deployment when he became a pipefitter apprentice in September on his 2010 Person of the Year Award from passed away on June 11, 2010 in Kandahar, 1971 and was initiated into Pipefitters Local the Homeowners of Covered Bridge. Mr. Afghanistan. 537 in March 1975. After working his way Marks’ professional accomplishments, work for We remember Christian and offer our deep- through the ranks, Dave ran for, and was the betterment of society, and dedication to est condolences and sincerest prayers to his elected in 1989, to the executive board of family should be an inspiration to us all. family. My words cannot effectively convey the Pipefitters Local 537. Three years later, he feeling of great loss nor can they offer ade- f was elected vice president of Pipefitters Local quate consolation. However, it is my hope that INTRODUCTION OF THE DOMESTIC 537 and re-elected to that position again in in future days, his family may take some com- MINOR SEX TRAFFICKING DE- 1995. Dave’s leadership and experience fort in knowing that Christian made a dif- TERRENCE AND VICTIM SUP- earned him a hiatus from serving his Local ference in the lives of many others and serves PORT ACT OF 2010 537 brothers and sisters in an elected capac- as an example of a competent and caring ity, as Dave ran one of the largest co-genera- leader and friend that will live on in the hearts HON. CAROLYN B. MALONEY tion power plant construction jobs in the coun- try from 1999 to 2002 in Everett, Massachu- and minds of all those he touched. OF NEW YORK SPC Christian Adams leaves behind his be- setts. But he came back to Local 537 politics, IN THE HOUSE OF REPRESENTATIVES loved wife Amanda, daughter Faith, mother was elected and re-elected as business agent Donna, stepfather John and father Anthony. Wednesday, June 23, 2010 in 2002 and 2004; and in 2007 was elected This body and this country owe Christian Mrs. MALONEY. Madam Speaker, today I assistant business manager. During his career and his family our deepest gratitude, and we am pleased to introduce the Domestic Minor with Pipefitters Local 537 Dave also served as

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JN8.012 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1177 an educational board trustee, attended United County Democratic Executive Committee for years of federal service Dr. Kimpel served the Association national conventions and New 35 years, was a Florida State delegate to all Nation and the people of our State and city England Pipe Trade conventions. the Democratic National Conventions from and is recognized internationally as one of the Dave is also dedicated to his community 2000 and served as president of the Florida worlds leading experts on weather and mete- and for many years, has served on the Demo- Women’s Political Caucus. orology, having served as the past president cratic Town Committee, attended the Demo- Like the Apostle Paul, she fought the good of the American Meteorological Society in cratic State Convention and has been an fight, she finished the course, and she kept 2000. Jeff Kimpel will be sorely missed in elected town meeting member. Most recently the faith. Now, it us up to us to carry on her NOAA and I know that I will miss his active Dave won a seat on the Town Planning work. participation day by day in all matters relating Board. My thoughts and prayers are with her hus- to meteorology. Dave and his wife of more than 25 years, band of 41 years, Grady E. Johnson Jr.. God Madam Speaker, Jeff Kimpel’s impact in Rosemary, continue to live in Billerica. Their has blessed us by allowing us to have Dr. Norman, Oklahoma which is in the fourth Con- sons, David and Jeff, are now married, David Saffy in our lives. gressional District has been ongoing and di- rect on all matters relating to severe weather to Gail and Jeff to Deb, and Dave and Rose f are the proud new grandparents of David Phil- and weather related research and develop- ip Saviano, born to David and his wife, Gail, TRIBUTE TO CHAMPLAIN VALLEY ment. We have been considerably blessed on May 21, 2010. An active member and lead- PHYSICIANS HOSPITAL with the location of the National Severe er of Pipefitters Local 537 for 39 years and a Storms Laboratory in Norman as well as the dedicated father and husband, Dave’s commit- HON. WILLIAM L. OWENS University of Oklahoma, and The Weather Center including many major weather private ment and hard work to his members and fam- OF NEW YORK sector companies who advance the future of ily earned him a new title at this stage in his IN THE HOUSE OF REPRESENTATIVES life, retired grandfather. weather research in the United States. Dr. Wednesday, June 23, 2010 Madam Speaker, it is my distinct honor to Kimpel has made a mark on weather fore- take the Floor of the House today, to join with Mr. OWENS. Madam Speaker, I rise today casting that will be felt for decades to come. Dr. Kimpel has been one of the main pro- Dave’s family, friends and contemporaries to to congratulate the Champlain Valley Physi- ponents of improving the connection of Dopp- recognize and thank him for a career dedi- cians Hospital of Plattsburgh, New York in the wake of the 100th anniversary of the admis- ler-radar systems, or NEXRAD, which would cated to the men, women and families of Pipe- advance and improve radar resolution and in- fitters Local 537. I urge my colleagues to join sion of the facility’s first patient on June 22, 1910. crease the accuracy of rain, snow and other me in celebrating David C. Saviano’s distin- weather predictions. This program, which was guished career and wish him a happy and full CVPH was created in 1972 by the merger of Physicians Hospital with Champlain Valley created under Dr. Kimpel, has also generated retirement. forecast models and has largely improved the Hospital. This association of private and chari- f ability to predict tornados, windstorms, lighting, table hospitals increased the level of access to and other types of severe precipitation. These COMMEMORATING THE LIFE OF quality health care for our community, and the programs are extremely vital and important to DR. EDNA SAFFY CVPH Medical Center has remained the foun- Oklahoma in particular, but Dr. Kimpel has dation of Plattsburgh’s health for decades. brought them into other regions that also deal CVPH, through its board, management and HON. CORRINE BROWN with inclement weather and specific weather employees, has proved their dedication to our OF FLORIDA storms. IN THE HOUSE OF REPRESENTATIVES community’s health by instituting ambitious Madam Speaker, currently the upgrade of programs to expand their services. In their re- Wednesday, June 23, 2010 the current NEXRAD system for advanced no- lentless mission to provide our region with tice of severe weather and tornados embodied Ms. CORRINE BROWN of Florida. Madam education, awareness, and strength—in addi- in the Multi-purpose Phased Array Radar will Speaker, I rise today to honor the memory of tion to the gold standard of health care for ultimately improve the effectiveness and will my dear, lifelong. friend, Dr. Edna Saffy. We which they are known—the Champlain Valley also cut costs. Dr. Kimpel’s tireless and dili- were students at the University of Florida in Physicians Hospital is a vital part of our com- gent efforts to develop the Multi-purpose the 1970s and we worked together for 16 munity that cannot be replaced. Phased-Array Radar technology have paid off years at Florida Community College of Jack- CVPH has always endeavored to find new and are being rewarded with amplified finan- sonville. Everyone knew her as one of the ways to increase and expand the level of care cial support for the upcoming 2011 Fiscal great women leaders of our generation and it offers. From advanced cardiology services Year. Dr. Kimpel’s successor will surely con- she often led merely by example. For in- and mental health care to its community out- tinue to work hard on this project and continue stance, she was one of the first women I know reach efforts, our facility knows that the best to work to create even more developments for who did not take her husband’s last name. approach to the overall health of an area in- this form of radar technology. Dr. Saffy was a human rights activist, col- volves every part of every individual. Madam Speaker, throughout his career, Dr. lege professor and founder of NOW chapters Madam Speaker, I would like to offer my Kimpel has held important positions in several in Jacksonville and Gainesville. Her public sincere congratulations to the Champlain Val- different organizations in the field of weather service to the Third District included mayoral ley Physicians Hospital on their 100th anniver- including a member of the National Research appointments to the Duval County Hospital sary, as well as my undying appreciation for Council’s Board on Natural Disasters of the Authority, Jacksonville Human Rights Commis- the consistent level of service they provide our National Academy of Sciences, an active offi- sion, advisory committee on LaVilla Cultural region. cial of the National Science Foundation includ- Heritage District and the Jacksonville Area f ing past chair of the Advisory Committee for Planning Board. She was active with numer- Atmospheric Sciences, the University Corpora- ous groups including Planned Parenthood, A SALUTE TO DR. JAMES F. tion for Atmospheric Research, the American Marjorie Kinnan Rawlings Society, Hubbard ‘‘JEFF’’ KIMPEL Meteorological Society, and NOAA’s U.S. House, Karpeles Manuscript Museum and the Weather Research Program development American Association of University Women. HON. TOM COLE team. Dr. Saffy’s influence spread far beyond OF OKLAHOMA Dr. Kimpel’s dedication goes above and be- Jacksonville, however. She was appointed by IN THE HOUSE OF REPRESENTATIVES yond the field of meteorology and weather. He President Clinton to the Advisory Committee has epitomized and displayed leadership Wednesday, June 23, 2010 on the Arts of the John F. Kennedy Center for qualities that are very often hard to come by. Performing Arts from 1995–2001, and by Mr. COLE. Madam Speaker, I rise today to He has been awarded the Bronze Star Medal President Gerald Ford in 1976 as a delegate honor an outstanding Oklahoman devoted to while serving under the United States Air to the International Women’s Conference. Ac- being the best public servant ever for the peo- Force in Vietnam, has received the University tive in Mideast peace groups and a member of ple of the United States, working tirelessly to of Oklahoma Student Association Faculty the American Arab Institute, President Clinton help save lives and protect property, Dr. Award for Outstanding Teaching and Service invited her to witness the signing of the Mid- James ‘‘Jeff’ Kimpel, director NOAA National to Students, and among many other awards East Peace Accord in 1993. Severe Storms Laboratory in Norman, Okla- and honors has been given the Oklahoma Finally, she worked hard for the Democratic homa. He is a close friend who will be retiring University Regents’ Award for Superior Univer- Party. Dr. Saffy was a member of the Duval in Norman, Oklahoma this week. After 13 sity and Professional Service.

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.018 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1178 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 Madam Speaker, I applaud and congratulate the third time, has achieved this honor, which three pairs of sneakers and countless aches Dr. Kimpel on the many accomplishments that highlights the innovation, inclusiveness, civic and pains. Walking an average of 17 miles a he has achieved throughout his lifetime and I engagement, and cross sector collaboration of day, meeting the families of those killed in ac- thank him for his life’s commitment to weather, this unique town. tion in Iraq and Afghanistan were among the science, and severe-storm prediction. Addi- This year, representatives to the competition most memorable moments. tionally, I would like to thank Dr. Kimpel for the highlighted two of Gastonia’s most important Mr. Hunsucker’s patriotism and desire to example he has set for future meteorologists civic programs. The first is The Shelter of raise awareness for veterans was best ex- and researchers to follow, and for the fine ca- Gaston County, a transitional home for bat- plained when he recently stated, ‘‘You can reer in which he has dedicated his life’s work tered women. The second is ‘‘Run for the build a memorial for those who have been to. Madam Speaker, I am genuinely pleased Money,’’ an annual fundraiser that has raised killed, but how can you remember those who to be able to say that I represent Dr. Kimpel more than $9 million for non-profits in our are disabled? You take care of them.’’ and his family, and the laboratory that he cre- area. Madam Speaker, I would like to extend my ated and worked so diligently for. I wish him It was clear that Gastonia made quite an im- personal accolades to the Walk Across Amer- luck in his future endeavors. pression—they were one of only two in the en- ica Team for such a remarkable and dedicated journey. f tire competition to receive unanimous support from this year’s judges. f TRIBUTE TO SPECIALIST JOSEPH Not only was Gastonia recognized with this TRIBUTE TO STEVE ZATKIN JOHNSON honor, but Gastonia team member Luis Rios, president of the Mayor’s Youth Leadership Council, won the inaugural All-America City HON. FORTNEY PETE STARK HON. DALE E. KILDEE OF CALIFORNIA OF MICHIGAN Teen of the Year Award. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES In addition to the hard work of the people of Gastonia, I would also like to extend special Wednesday, June 23, 2010 Wednesday, June 23, 2010 congratulations to Mayor Jennie Stultz. A na- Mr. STARK. Madam Speaker, my colleague Mr. KILDEE. Madam Speaker, it is with tive of Gastonia, Mayor Stultz provides the HENRY WAXMAN and I join together to mark an great sadness that I rise today to pay tribute leadership necessary for the City of Gastonia important occasion for California’s and the na- to Army SPC Joseph Dennis Johnson. Spe- and its citizens to live up to their fullest poten- tion’s health care policy community. After lead- cialist Johnson was killed on June 16, 2010 in tial—with great gusto. ing the public policy and government relations Kunduz, Afghanistan by a roadside bomb. Fu- It is truly a privilege to represent Gastonia in team at Kaiser Permanente for the past 20 neral services will be held on June 26 at Flint Congress. Gastonia is well-deserving of being years, Steve Zatkin has announced that he Central Nazarene Church. named an All-America City, and I commend will retire at the end of this month. He reached After graduating from Carmen-Ainsworth the city for the commitment it shows to its citi- this conclusion after having seen a long-await- High School in 2004, Specialist Johnson en- zens and the dedication it has to the traditions ed event—the enactment of comprehensive listed in the U.S. Army in 2006 and served as and values that make Gastonia so special. health care reform—finally come to pass. an Airborne Engineer disarming improvised f Following his graduation from the University devices. He had been stationed in Afghanistan of California at Berkeley in 1969, Steve began since December 2009. Specialist Johnson RECOGNIZING RICHARD HUN- his career in health policy, like many other na- considered it a privilege and honor to serve SUCKER AND THE WALK ACROSS tional experts, as a staff person in the Cali- his country. I had the opportunity to meet and AMERICA TEAM fornia legislature. After starting out as an In- talk to Specialist Johnson when we flew from tern and Analyst in the California Assembly, Washington, DC to Michigan together several HON. DARRELL E. ISSA Steve served throughout the middle and late years ago. I was attending the funeral of a OF CALIFORNIA 1970s as Senior Consultant to the Assembly friend, Jack Maxwell, and Jack was Specialist IN THE HOUSE OF REPRESENTATIVES Health Subcommittee on Health Personnel, Johnson’s great-grandfather. As I sat next to Wednesday, June 23, 2010 the Joint Committee on Health Sciences Edu- him on the airplane and again at the funeral, cation and the Joint Committee on the Siting I was impressed by his deep love for our Mr. ISSA. Madam Speaker, I rise today to of Teaching Hospitals. During his senior staff country, his passion for his work and his devo- honor Richard ‘‘Ric’’ Hunsucker, a United tenure in Sacramento, he developed major tion to his family. States Marine Corps veteran, and the Walk legislation and budget policy on health care Specialist Johnson will be deeply missed by Across America Team for their selfless efforts workforce and training issues, an area of abid- his parents, Dennis and Teri Johnson, his sis- to bring awareness to disabled veterans ing and continuing interest for him. ter Jennifer Pollak, grandparents Eugene and across the country. While working in the legislature, Steve Lois Johnson and Glenna Maxwell; his special Mr. Hunsucker, an ironworker from Green earned his degree at the McGeorge School of friend Amanda Gauthier, many nieces, neph- Bay, Wisconsin, has completed a challenging Law and was admitted to the California Bar. In ews and close friends. yet worthy undertaking that has achieved 1978, he joined Kaiser Permanente as a staff Madam Speaker, I ask the House of Rep- great success—all in the name of disabled counsel focusing on government relations. In resentatives to stand and take a moment of si- veterans. On Veterans Day, November 11, addition to leading Kaiser Permanente’s gov- lence to remember SPC Joseph Johnson. He 2009, Mr. Hunsucker set out to begin his 202 ernment relations function since 1990, he has has made the ultimate sacrifice for the country day walk across America to raise donations chaired its Health Policy Committee since its he loved deeply and our nation is grateful for and awareness for the struggles faced by dis- inception in 1996. Since 2004, he has also his steadfast duty. His enthusiasm for life is an abled veterans. served as Senior Vice President and General inspiration to all that knew him and his integ- Starting at the Duval County War Memorial Counsel of Kaiser Foundation Health Plan and rity is a credit to his parents and family. I ex- in Jacksonville, Florida, Mr. Hunsucker and his Kaiser Foundation Hospitals. tend my condolences to his parents, family support teammate, Jack Dixon, visited count- Steve has long been recognized as a leader and friends and I mourn his passing. less veterans medical centers and outpatient in the health plan and integrated care delivery f clinics to meet with disabled veterans, doctors, sector. He served on the Boards of Directors nurses, family members and the public. of the Alliance of Community Health Plans, the CONGRATULATING GASTONIA, This 2,600-mile journey took them through California Association of Health Plans and the NORTH CAROLINA four time zones and eight states, ending American Association of Health Plans. In the proudly at the Balboa Park War Memorial in late 1990s, Steve served on the California HON. SUE WILKINS MYRICK San Diego, California on Memorial Day, May Governor’s Managed Care Improvement Task OF NORTH CAROLINA 31, 2010. He carried a 5-foot by 3-foot navy Force. He has also served as a member of IN THE HOUSE OF REPRESENTATIVES blue Disabled American Veterans flag the en- the National Association of Insurance Com- tire route. All donations raised went to the Dis- missioners’ Health Care Insurance Access Ad- Wednesday, June 23, 2010 abled American Veterans organization, a non- visory Committee. Mrs. MYRICK. Madam Speaker, I would like profit that advocates and assists those injured In his role as a health plan leader, Steve to congratulate Gastonia, NC—one of the re- while serving their country. has ably represented Kaiser Permanente as it cipients of the 2010 All-America City Award Mr. Hunsucker trained for six months for his has grown to serve over 8.6 million people, in- from the National Civic League. Gastonia, for 202-day walk and has since gone through cluding over 6 million individuals in our home

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.021 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1179 state of California. Throughout his time as a 1962. Under the terms of his will, the Com- honor of being named one of the ‘‘Schools to senior leader at Kaiser Permanente, Steve pany was held in a trust for two years and Watch’’ by the National Forum to Accelerate has been a strong and consistent public voice subsequently purchased by siblings Betsy Middle-Grades Reform. For accomplishing an within the industry for comprehensive health Johnson Gill and Samuel N. Johnson, III, in extraordinary feat and exerting remarkable ef- reform. An article he co-authored in the journal 1964. Lamar Gill, Betsy Johnson Gill’s hus- forts, Robert A. Taft Middle School will receive Health Affairs in 2006 with Kaiser Permanente band, who was from a Coca-Bottling family in recognition at a gala dinner during the Schools leaders George Halvorson and Dr. Jay Beeville, Texas, took charge of the Company to Watch Annual Conference. This prestigious Crosson served as a model for the exciting, if as president and manager; Betsy Johnson Gill event will take place in Washington, D.C. on ultimately unsuccessful effort to enact health served as vice-president; and Sam Johnson III Thursday, June 24, 2010. reform in California during the legislative ses- served as president and sole owner of the The ‘‘Schools to Watch’’ program honors sion in 2008. The efforts in California dem- S.N. Johnson Distributor and secretary-treas- middle schools that exemplify exceptional per- onstrated the potential to bring together health urer of the Laredo Coca-Cola Bottling Com- formance in education. This rigorous program care providers, health plans, businesses, labor pany. was developed in 1999 by the National Forum unions and consumers in support of com- In 1973, plans were made to relocate the to Accelerate Middle-Grades Reform. To date, prehensive health reform legislation that could plant to North Laredo, moving the production there are eighteen States that participate in improve both the functioning of health markets end of the company in 1974 and the office in this national initiative. Candidates for the and the quality of care, and at the same time 1975 to the Del Mar Industrial Park—where ‘‘Schools to Watch’’ program must dem- help subsidize coverage for those who cannot the company still resides at 1402 Industrial onstrate four main criteria: academic excel- afford it. The progress made in California, Boulevard. On December 15, 1992, the com- lence, developmental responsiveness, social along with the success of reform in Massachu- pany was sold to Coca-Cola Enterprises, and equity, and organizational structure. The mid- setts and strong efforts in other states, no Tino Villarreal was appointed general man- dle schools that are chosen for the ‘‘Schools doubt contributed important momentum nec- ager, a position he still holds today. to Watch’’ program exceed these standards. essary to achieve health care reform in this Laredo Coca-Cola Bottling Company has a Robert A. Taft Middle School provides edu- Congress. long history of giving back to the community cation to 6th, 7th, and 8th grade students in As the critical effort to implement national by supporting a variety of organizations and the Crown Point, Cedar Lake, and Winfield health reform moves forward, we will need in- events throughout the area. The Laredo Coca- communities in Indiana. In recent years, Rob- dustry leaders like Steve to help their organi- Cola Bottling Company currently has 98 em- ert A. Taft Middle School implemented a pro- zations and policymakers focus on the tasks ployees and delivers beverages to more than gram involving innovative educational tech- at hand—to continuously improve quality and 2,700 customers in four counties, covering niques which made significant contributions to to successfully extend affordable coverage to 5,206 square miles. Many of the details of the school’s success. Important factors of the the millions who currently don’t have access to how the bottling business is run have changed new program include interdisciplinary teams it. greatly over the last century. From one pack- that allow staff to create personalized environ- Madam Speaker, we would like to offer the age and one brand to more than 200 brands ments, flexible schedules to ensure com- heartfelt thanks of the health policy community and 500 packages, the company now offers a prehension, and team planning and prepara- for Steve Zatkin’s key leadership over many portfolio of products that promotes total hydra- tion periods that provide students with high- years, and our warmest congratulations on his tion and an active lifestyle. quality teachers and learning opportunities. well-deserved retirement. Madam Speaker, I am honored to have the Additionally, the implementation of the ‘‘Cre- f time to recognize the 100th anniversary of the ating a Safe School’’ anti-bullying effort made Laredo Coca-Cola Bottling Company. The La- Robert A. Taft Middle School an even stronger 100TH ANNIVERSARY OF LAREDO redo Coca-Cola Bottling Company is cele- candidate for this prestigious honor. COCA-COLA BOTTLING COMPANY brating 100 years of service for our community Madam Speaker, I would like to once again and continuing its mission for South Texas. extend my most heartfelt congratulations to HON. HENRY CUELLAR f Robert A. Taft Middle School faculty, staff, and OF TEXAS students, as well as Principal Michael Hazen, IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION on being named one of the ‘‘Schools to Watch’’ for 2010. The dedication exhibited by Wednesday, June 23, 2010 HON. BOB GOODLATTE the school and the community serves to in- Mr. CUELLAR. Madam Speaker, I rise today OF VIRGINIA spire us and to encourage other schools to honor the Laredo Coca-Cola Bottling Com- IN THE HOUSE OF REPRESENTATIVES across the Nation. It is my honor to have been pany’s 100th year in operation. The Coca-Cola given this opportunity to recognize such a su- Bottling Company has provided Coca-Cola Wednesday, June 23, 2010 preme middle school, and I am honored to bottled products to the Rio Grande Valley of Mr. GOODLATTE. Madam Speaker, on roll- have Robert A. Taft Middle School in my dis- South Texas and the Laredo community for call No. 376 on H. Con. Res. 288, rollcall No. trict. 100 years. This bottling company has accom- 377 on H. Res. 546, and rollcall No. 378 on f plished a century of service to our community H. Res. 1407, I am not recorded because I throughout the years. was attending the funeral service of a fallen PERSONAL EXPLANATION In 1899, Joseph B. Whitehead and Ben- soldier in my district, Army SPC Brian M. An- jamin F. Thomas convinced The Coca-Cola derson, who was killed in action while serving HON. JEFF FORTENBERRY Company that Coke should be sold in bottles, his country in Afghanistan. Had I been OF NEBRASKA not just as a fountain drink. A few years later, present, I would have voted ‘‘aye’’ on all three IN THE HOUSE OF REPRESENTATIVES in 1910, the Laredo Coca-Cola Bottling Com- resolutions. Wednesday, June 23, 2010 pany was established by Samuel N. ‘‘Silas’’ f Mr. FORTENBERRY. Madam Speaker, on Johnson with an initial purchase of 51 gallons Tuesday, June 22, 2010, I was absent and of syrup from The Coca-Cola Company in At- ROBERT A. TAFT MIDDLE SCHOOL thus I missed rollcall votes Nos. 376–378. Had lanta, Georgia. The first address for the com- NAMED SCHOOL TO WATCH I been present, I would have voted ‘‘aye’’ on pany was 2202 Montezuma Street. In the all three votes. early years, bottling equipment was hand and HON. PETER J. VISCLOSKY f foot-operated, and one hard-working employee OF INDIANA could bottle 200 cases in 10 hours of work. IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION In 1930, Samuel N. Johnson Jr. assumed ownership of the family bottling company and Wednesday, June 23, 2010 HON. JIM JORDAN beer distributorship following the death of his Mr. VISCLOSKY. Madam Speaker, it gives OF OHIO father. Following the civic lead of his father, me great pleasure to pay tribute to the out- IN THE HOUSE OF REPRESENTATIVES Samuel N. Johnson Jr. believed in the city of standing achievements of Robert A. Taft Mid- Laredo’s potential to grow and prosper dle School, located in Indiana’s First Congres- Wednesday, June 23, 2010 through innovation and team work. sional District. After undergoing a very selec- Mr. JORDAN of Ohio. Madam Speaker, l Samuel N. Johnson Jr. ran the Laredo tive application and interview process, Robert was absent from the House Floor during yes- Coca-Cola Bottling Company until his death in A. Taft Middle School received the distinct terday’s three rollcall votes.

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.025 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1180 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 Had I been present, I would have voted in As a young immigrant from Mexico, Mr. GRADUATES OF CRISTO REY NEW favor of H. Con. Res. 288, H. Res. 546, and Tamayo moved to this country with a bright vi- YORK HIGH SCHOOL BEAT THE H. Res. 1407. sion for his family’s future. He quickly recog- ODDS f nized Sonoma County as uniquely endowed with a rich agricultural, culinary, and environ- A TRIBUTE TO MICHAEL F. mental tradition that lent itself well to the pro- HON. CHARLES B. RANGEL ESCALANTE, ED.D. duction of wholesome, handcrafted foods. After settling in Santa Rosa, Mr. Tamayo and OF NEW YORK HON. ADAM B. SCHIFF his wife Mary opened their first ‘‘Mexican- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA tessen,’’ bringing a taste of their heritage to Wednesday, June 23, 2010 IN THE HOUSE OF REPRESENTATIVES Sonoma County customers. The Tamayos built on their success, found- Wednesday, June 23, 2010 ing La Tortilla Factory in 1977 and branching Mr. RANGEL. Madam Speaker, I am hon- ored to commend the fifty graduates from Mr. SCHIFF. Madam Speaker, I rise today out into new products and new ventures. From a tiny family business run entirely on Jose and Cristo Rey New York High School in East Har- to honor Dr. Michael Escalante, whose tenure lem, who have beaten the odds to achieve this as Superintendent of the Glendale Unified Mary Tamayo’s hard work and dedication, La Tortilla Factory grew into a nationally recog- success. Every student in this class has been School District has contributed substantially to accepted to college in the fall. its increases in student achievement. This feat nized leader with hundreds of local employ- is especially commendable considering the ees. It also continues to be an industry inno- Cristo Rey students dream big. Many aspire significant fiscal challenges the district has vator. Over the several decades that La Tor- to become lawyers, forensic pathologists, jour- been and is currently facing. tilla Factory has been in operation, it has con- nalists, psychologists and a wide variety of The Glendale Unified School District is an sistently been at the forefront of new, health- professions. The students will attend pres- impressive school system in its own right, en- conscious, high-quality wraps, breads, and tor- tigious universities and colleges, in and out of compassing 27,000 students and 2,500 em- tillas. New York, including Fordham University, In spite of the demands of a growing busi- ployees at 31 schools—twenty-three of which Brooklyn College, John Jay College, New York ness, Jose and Mary Tamayo remained com- have been recognized as California Distin- University, Pace University, Georgetown Uni- mitted to their family and community. They guished Schools, nine as National Blue Rib- versity, Lehigh University, and Boston College. worked tirelessly to give their children the edu- bon schools, and 11 as Title 1 Achieving cation and grounding they would need to suc- The school is part of a network of twenty- Schools. ceed in their own right, and to create a family four Cristo Rey schools throughout the coun- As its Superintendent, Dr. Escalante has centered on the principles of hard work and try—Catholic, co-ed, college prep schools, guided GUSD towards many more distinctions service. In 1986, Jose and Mary Tamayo where students of all faiths are welcomed. and accomplishments. Under his leadership, passed La Tortilla Factory on to their sons and Cristo Rey has played a special role in help- the district has garnered many state and na- rededicated themselves to contributing to the ing these students overcome obstacles they tional awards for student achievement, helped people of Sonoma County. have faced in their young lives. Some have establish and expand programs such as the The Tamayos were particularly active in a had financial difficulties, and others have Foreign Language Academies of Glendale, number of community organizations, from food faced the dangers and temptations of the and created Focus on Results, a district-wide banks to local schools and youth-support or- streets. professional development plan. ganizations. The Mary and Jose Tamayo In addition to academics, the students re- Even more impressively, Dr. Escalante’s ac- House, a residence for former foster children ceived hands-on experience in the workplace, complishments stretch back before his role as at Sonoma County’s Social Advocates for superintendent. Prior to joining GUSD, Dr. Youth, is just one example of their efforts to even before being handed their diplomas. One Escalante began his teaching career at the el- provide all children the same opportunities day a week, they worked in some very high ementary and high school levels and served they provided their own. This is a legacy of powered firms such as JPMorgan, Chase and for seven years in this capacity. He subse- compassion and civic-mindedness that will live Citigroup. The students performed office work quently rose through the ranks to enter other on in our region. and received guidance from mentors who administrative assignments, including Assist- Jose Tamayo was predeceased by his wife helped them identify desired career paths. ant Superintendent of Business Services, ad- Mary and his son Bernie Tamayo. He is sur- Many of these firms pay sixty-percent of the ministrative assistant, elementary principal, in- vived by his sons Carlos, Jose, Mike, and school’s expense. termediate principal, and two separate tenures Willie Tamayo, and by his eleven grand- Cristo Rey’s motto is, ‘‘transforming Urban as a high school principal. Dr. Escalante’s ex- children and six great-grandchildren. America, One Student at a Time’’. The trans- perience is extensive and he has worked in Madam Speaker, I ask you to join in me in formation of these fifty students shows what several school districts, including Hawthorne, celebrating the life of a man who gave back hard work and dedication can achieve. Cristo Centinela Valley, Santa Monica, Malibu, Palos more than he received, who measured his Rey has laid the educational foundation for Verdes Peninsula, and Long Beach Unified. success in his service to others. Jose these students. The sky is the limit for them in As evidenced by the GUSD’s successes, his Tamayo’s story reminds us of how much we what they can achieve, in their working ca- wide breadth and sheer depth of experience can all achieve when we pursue our goals reers. has clearly been invaluable to its develop- with passion and integrity. ment. f Here are the names of the students whose Dr. Michael Escalante has been a tremen- achievements we celebrate: Lucio Reynoso, OUR UNCONSCIONABLE NATIONAL dous asset to the Glendale Unified School Steven Gonzalez, David Luna, Andrew DEBT District and to the City of Glendale, and I ask Sanabria, Andy Paulino, Jonathan Balbuena, all members to join me in thanking him for his Aleksander Perpalaj, Daniel Estevez, Joel dedicated service to education. HON. MIKE COFFMAN Frias, Bryan Santos, Charles Perez, Randy OF COLORADO f Nunez, Melany Rodriguez, Sade Gonzalez, IN THE HOUSE OF REPRESENTATIVES Michelizabeth Sainvill, Nyesha Johnson, Tif- HONORING JOSE TAMAYO Wednesday, June 23, 2010 fany Tejeda, Steven Saverino, Amaury de Mr. COFFMAN of Colorado. Madam Speak- Dios, Stanley Majors, Jr., Christian Guzman, HON. LYNN C. WOOLSEY er, today our national debt is Angel-Alvarez, Laury Veudna; Devany Baez, OF CALIFORNIA $13,046,652,647,591.81. Celia Martinez, Lizbel Escamilla, Sheniqua IN THE HOUSE OF REPRESENTATIVES On January 6th, 2009, the start of the 111th Green, Katherine Santiago, Olivia McBride, Vitoria Velazquez, Marisol Almonte, Ashley Wednesday, June 23, 2010 Congress, the national debt was $10,638,425,746,293.80. Garcia, Asia Davis, Angelique Agudo, Steph- Ms. WOOLSEY. Madam Speaker, I rise This means the national debt has increased anie Ortiz, Amanda Rodriguez, Lidibeth Iona, today to honor Jose Tamayo, who passed by $2,408,226,901,298.01 so far this Con- Ashley Saucedo, Genesis Cedeno, Vanessa away on June 10, 2010, in Santa Rosa, Cali- gress. Ruiz, Noelia Taveras, Raquel Salgado, Cailyn fornia. His legacy as a philanthropist and en- This debt and its interest payments we are Asturias, Jessica Vargas, Patricia Diaz, Steph- trepreneur has enriched Sonoma County and passing to our children and all future Ameri- anie Medaivilla, Tamika Flores, Paola the entire San Francisco Bay Area. cans. Peguero.

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.030 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1181 THE NATIONAL MONUMENT DES- petuity. This will restore the balance between GOVERNMENT EFFICIENCY, EF- IGNATION TRANSPARENCY AND executive decisions and public input. FECTIVENESS, AND PERFORM- ACCOUNTABILITY ACT OF 2010 ANCE IMPROVEMENT ACT OF 2010 The bill would also require the President to (H.R. 5580) provide notice and the actual language of the SPEECH OF HON. DEVIN NUNES proposed designation to Congress, Governors, local governments, and tribes within the HON. PETER WELCH OF CALIFORNIA OF VERMONT boundaries of the proposed monument. Addi- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tionally, it would require the Administration to Wednesday, June 23, 2010 provide notice of public hearings and allow op- Wednesday, June 16, 2010 Mr. NUNES. Madam Speaker, I rise today portunity for public comments. The President Mr. WELCH. Madam Speaker, I rise in sup- upon the introduction of the National Monu- would then have to report to Congress on how port of a practical, common sense bill: The Ef- ment Designation Transparency and Account- the designation would impact local tax reve- ficiency, Effectiveness and Performance Im- ability Act of 2010 which will ensure that any nues, national energy security, land interests, provement Act. national monument designation is done on an rights, and uses. This legislation will cut government waste by informed basis and is accomplished through a forcing every Federal agency to create a rig- transparent process fully involving Congress. These reforms would ensure the Antiquities orous performance evaluation plan—and live Pursuant to the ‘‘Property Clause’’, Article Act is used appropriately and in accordance by it. IV, Section 3, Clause 2, of the United States with its original intent. Any monument deci- Under this legislation agency heads will con- Constitution, Congress has the expressed sions would be made with all the pertinent in- duct evaluations of every program within their power to ‘‘make needful Rules and Regula- formation available, with full public participa- purview and report on goals to increase per- tions respecting the Territory and other Prop- tion, and Congressional approval rather than formance objectives. erty belonging to the United States.’’ Through in the dark of the night and at the behest of The OMB Director will report to Congress the Antiquities Act of 1906 and other acts, on agency goals and suggested methods to radical environmentalists. Congress has delegated considerable land improve program performance. management authority to the President. For By forcing our agencies to create and ad- f example, the Antiquities Act, which was en- here to strategic planning we will increase acted in response to thefts from and the de- HONORING THE GAY, LESBIAN, BI- government efficiency and effectiveness. struction of archeological sites, allows the SEXUAL, AND TRANSGENDERED As our deficit continues to grow, we must President to proclaim national monuments on constantly strive to find ways—small and ROUND TABLE OF THE AMER- Federal lands that ‘‘contain historic landmarks, large—to get rid of government waste and in- ICAN LIBRARY ASSOCIATION historic and prehistoric structures, and other efficiency. objects of historic and scientific interest.’’ This bill does just that. I thank my colleague President Theodore Roosevelt first used the from Texas for introducing it, and I encourage authority to create Devil’s Tower in Wyoming. HON. MIKE QUIGLEY my colleagues to support it. Today, there are 71 monuments covering ap- OF ILLINOIS f proximately 136 million acres. While the Act has been used appropriately in some in- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING MASTER SERGEANT VANDIVER K. HOOD ON THE OC- stances, it also has been abused. Wednesday, June 23, 2010 For example, President Clinton, asserting CASION OF RECEIVING A THIRD that Congress had not acted quickly enough, Mr. QUIGLEY. Madam Speaker, I rise today BRONZE STAR MEDAL used his authority 22 times to proclaim 19 new to recognize the Gay, Lesbian, Bisexual, and monuments and to expand three others; with Transgendered Round Table, GLBTRT, of the HON. G. K. BUTTERFIELD one exception, the monuments were des- American Library Association, the first profes- OF NORTH CAROLINA ignated in his last year of office. They also to- sional gay organization in the United States, IN THE HOUSE OF REPRESENTATIVES taled 5.9 million acres. Moreover, in the in- which celebrates its 40th anniversary this Wednesday, June 23, 2010 stance of the Giant Sequoia National Monu- ment, they devastated the timber industry in year. Mr. BUTTERFIELD. Madam Speaker, I rise Tulare County, California, and left an enduring Throughout its 40 years, the GLBTRT has to congratulate MSgt Vandiver ‘‘Van’’ Hood of legacy of double-digit unemployment and di- worked to ensure information and access the 4th Civil Engineer Squadron, 4th Explosive minished communities. needs for gay, lesbian, bisexual, and Ordnance Disposal Flight at Seymour Johnson As a life-long resident of Tulare County, I transgendered individuals. In this welcoming Air Force Base in Goldsboro, North Carolina, saw, and in fact still see, the devastation and inclusive forum, they have worked to im- on receiving his third Bronze Star. Master Ser- geant Hood’s actions while serving in Oper- caused by that stroke of the President’s pen. prove the lives of librarians, archivists, other I well understand the anger and frustration ation Iraqi Freedom saved the lives of his fel- information specialists, and library users who that many of my constituents felt when, with low servicemen and provided invaluable intel- no meaningful opportunity to provide input on are part of the GLBT community. ligence toward ending the ongoing global war this momentous decision, their lives and com- The GLBTRT acts on many different levels on terror. munities were changed forever. to advocate for their community. Through their Master Sergeant Van Hood was born in Congress must not allow such abuses of the work in revising classification schemes, sub- Winston Salem, North Carolina on November Antiquities Act to be repeated. Rather, if the ject heading lists, and indices, the GLBTRT 19, 1973. He was an extremely active young Antiquities Act is going to remain law, it must removes derogatory and hurtful terms. They man. He participated competitively in soccer and swimming, leading him to varsity letters all be improved, particularly in the revelation that also strive to eliminate job discrimination the current Administration might use the Act to 4 years of high school. Master Sergeant Hood based on sexual orientation. Additionally, they designate monuments totaling as many as 13 graduated from Page High School in Greens- million acres. promote education awareness of all library pa- boro in 1992 and joined the United States Air The National Monument Designation Trans- trons by ensuring unrestricted access to infor- Force less than 2 years later on April 26, parency and Accountability Act of 2010 would mation by or about the GLBT community. 1994. provide the necessary improvements. It would They also support other minority groups advo- Master Sergeant Hood was first stationed at also provide much-needed transparency to cating for better representation and equal op- Cannon Air Force Base in New Mexico. While what is currently an opaque process. portunity in the Association. there, he excelled, and won the First Ser- It is important to point out that the bill pre- geants Association’s Diamond Sharp Award, Madam Speaker, I ask my colleagues to join serve the right of the President to act quickly was named the Master Blaster of the Year, to protect national treasures that are under me in celebrating the anniversary of the Gay, and in 1997, was selected as Cannon Air threat, but it ensures his or her actions are Lesbian, Bisexual, and Transgendered Round Force Base’s Airman of the Year. Master Ser- confirmed by Congress. Specifically, Congress Table and congratulating them on their suc- geant Hood served at Cannon Air Force Base would have two years to affirm the President’s cesses and further efforts to reach equality in for over 4 years before being assigned to decision to protect the national treasure in per- the library and information communities. Ramstein Air Base in Germany.

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.035 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1182 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 After arriving at Ramstein Air Base in June the IED, he approached the device in a bomb Accountability Act of 2010. This legislation will 1999, then-Sergeant Hood was promoted to suit and successfully disabled the hazard. restrict certain federal economic development staff sergeant. He conducted explosive ord- Master Sergeant Hood and his team were re- funds for 10 years to any state or locality in nance disposal testing on large caliber muni- sponsible for an area over 6,000 square miles. which eminent domain is used to take private tions as part of the U.S. Air Forces in Eu- He was instrumental in safely resolving over property for a private purpose. It will also allow rope’s, USAFE’s, Projectile Attack Trials, yield- 150 emergency response missions including private property owners the legal recourse ing beneficial data for U.S. military efforts. 75 IED incidents as well as 16 weapons they deserve to fight baseless private property While at Ramstein Air Base, Master Sergeant caches. For his outstanding and distinguished takings by state and local governments. Hood won the USAFE Major General Eugene service, Master Sergeant Hood received his Examples of eminent domain abuse can be A. Lupia Military Technician of the Year third Bronze Star Medal. When he returned seen across Oklahoma, from Oklahoma City award. Further, the unit he led received three from Afghanistan, then-Technical Sergeant to Muskogee, and throughout this country. ‘‘excellent’’ ratings on nuclear surety inspec- Hood was promoted into the senior non- tions. Following his 4 years at Ramstein Air commissioned officer ranks as a master ser- No family, business operator or place of Base, Master Sergeant Hood was stationed to geant. worship is safe if the government decides that Fort Dix, New Jersey, to work at the Air Mobil- Madam Speaker, I am honored to share their property does not measure up, and that ity Warfare Center. MSgt Vandiver Hood’s story. He has bravely ‘‘public purpose’’ would be better served if it After arriving at Fort Dix, Master Sergeant and selflessly served the United States for were torn down and replaced by something Hood completed degrees in Explosive Ord- over 16 years. I ask my colleagues to join me bigger, glitzier and more taxable. I encourage nance Disposal and in Technology and Military in congratulating Master Sergeant Hood for all my colleagues to support this important leg- Science. The latter afforded Master Sergeant having received three Bronze Star Medals. I islation. Hood the opportunity to teach new airmen and also ask my colleagues to join me in thanking prepare them for the rigors of the military. Master Sergeant Hood for his meritorious f Twice deployed to Iraq in support of Oper- service to the United States. ation Iraqi Freedom, during his first tour, Mas- f RECOGNIZING TINA WALTER ter Sergeant Hood safely destroyed and re- covered 164 improvised explosive devices, PERSONAL EXPLANATION IEDs, unexploded ordnances, and weapons HON. BILL SHUSTER caches. Master Sergeant Hood led five sepa- HON. JOHN A. YARMUTH OF PENNSYLVANIA rate missions where his team encountered OF KENTUCKY enemy fire. On one such mission, he and his IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES team were targeted with a rocket-propelled Wednesday, June 23, 2010 grenade, RPG. The RPG missed Master Ser- Wednesday, June 23, 2010 Mr. YARMUTH. Madam Speaker, I was un- geant Hood by less than 5 feet, but unfortu- able to cast the recorded votes for Rollcall Mr. SHUSTER. Madam Speaker, I rise nately struck a vehicle and injured a member 355, 356, and 357, Had I been present I today to recognize Tina Walter, who has been of the Army’s Quick Reaction Force. Master would have voted yes for these measures. selected as the Bedford Rotary Club’s 2010 Sergeant Hood administered immediate med- BILL: H. RES. 1368—On Motion to Suspend Citizen of the Year. ical care to the injured soldier and after sup- the Rules and Agree, Rollcall No. 355—Vote port arrived, Master Sergeant Hood completed Tina Walter is an exemplary citizen of New ‘‘yes,’’ H. RES. 1409—On Motion to Suspend Enterprise, Pennsylvania, where she has his initial mission. For this and other heroic ef- the Rules and Agree, Rollcall No. 356—Vote forts, Master Sergeant Hood received his first worked as an Emergency Medical Technician ‘‘yes,’’ H.R. 5502—On Motion to Suspend the for 26 years. Mrs. Walter is a founding mem- Bronze Star Medal. Rules and Pass, Rollcall No. 357—Vote ‘‘yes.’’ Master Sergeant Hood was redeployed to ber and manager of the Southern Cove Ambu- Iraq as a Weapons Intelligence Team Leader f lance Service where she presently serves as in 2007. While there, he and his team suc- THE PRIVATE PROPERTY RIGHTS an EMT, CPR, and First Responder Instructor. cessfully completed over 90 combat missions PROTECTION AND GOVERNMENT She is also a highly regarded firefighter who including 80 IED responses, recovery of sev- ACCOUNTABILITY ACT serves as the President of the Board of Direc- eral weapons caches, and serving in four tors of the Southern Cove Fire Company. Mrs. named missions. One of those missions found Walter has helped secure over $200,000 in HON. JOHN SULLIVAN state and federal grant funds by serving as the Master Sergeant Hood and his team in danger OF OKLAHOMA of a radio-controlled IED. Through his quick grant writer for the Southern Cove Ambulance IN THE HOUSE OF REPRESENTATIVES thinking, Master Sergeant Hood immediately and Fire Company. Wednesday, June 23, 2010 cleared the engagement zone from first re- Mrs. Walter has been married for 29 years sponders and local citizens. He and his team Mr. SULLIVAN. Madam Speaker, I rise to the Chief of the Southern Cove Fire Com- were successful at rendering the IED safe, today to introduce H.R. 5582, the Private pany, Brian Walter. She has two children, one protecting local residents, first responders, and Property Rights Protection and Government of whom has a severe handicap and requires American warfighters. Master Sergeant Hood Accountability Act of 2010. twenty-four hour care. Because of her sched- also designed a comprehensive curriculum on Previously, the U.S. Constitution specifically ule as an EMT and Fire Fighter, Mrs. Walter proper sensitive sight exploitation and con- limited government taking of private property relies on friends and family to help care for ducted over 10 hours of training for the Iraqi through a relatively narrow exception for ‘‘pub- her son. Army Bomb Disposal Unit. His actions during lic use.’’ Public use has historically referred to In her spare time, Tina Walter volunteers in his second deployment earned him his second roads, schools, firehouses, etc. You may re- nursing homes, schools, service clubs and Bronze Star Medal. member the infamous 2005 Supreme Court churches. She also helped form and is the When Master Sergeant Hood returned to decision, Kelo v. City of New London, where current director of the Southern Cove Fire- the United States, he received a promotion to the court broadened the government’s ability man’s Choir, which is scheduled to sing the the rank of Technical Sergeant. After nearly to take your home, farm, business or place of National Anthem during a Pittsburgh Pirates five years at Fort Dix, Master Sergeant Hood worship. The negative effects of this far-reach- game in August. Furthermore, Mrs. Walter is was stationed at Seymour Johnson Air Force ing Supreme Court decision place millions of currently spearheading a Rotary committee to Base in Goldsboro, North Carolina. private property owners nationwide at risk. Master Sergeant Hood was at Seymour Some states are trying to correct this injus- bring the first annual ‘‘Bluegrass Festival’’ to Johnson for less than a year when he de- tice and have enacted restrictions on the use New Enterprise in July of this year to benefit ployed to Wardak Province, Afghanistan, to of eminent domain, in this case, when the the Fire Company. serve as leader for an Explosive Ordnance government seizes private property, with var- Tina’s efforts and accomplishments serve to Disposal team. His third deployment to the re- ied effectiveness. However, Congress has not exemplify great service of self, service to fam- gion, Master Sergeant Hood again put himself taken action to restore private property rights ily, and service to community. I commend in harm’s way, saving the lives of his team and the abusive use of eminent domain has those who have seen fit to honor Tina Walter and others. While on counter-IED operations, continued. as this year’s Bedford Rotary Club’s 2010 Cit- Master Sergeant Hood identified a hidden IED That is why I am introducing the Private izen of the Year, and I too recognize and con- in rough terrain. Unable to remotely inspect Property Rights Protection and Government gratulate Tina Walter for all she has done.

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.038 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1183 HONORING THE NEW JERSEY Karen Rose Messerli was elected Mayor on HONORING THE CONTRIBUTIONS CONSERVATIVE FOUNDATION April 4, 1994, becoming the first woman to OF THE NATIONAL NEWSPAPER hold that office in the history of Lee’s Summit, PUBLISHERS ASSOCIATION HON. RODNEY P. FRELINGHUYSEN a fast-growing community of over 93,000 resi- OF NEW JERSEY dents, in the Metropolitan Kansas City Area. HON. CHARLES B. RANGEL IN THE HOUSE OF REPRESENTATIVES This year, Mayor Messerli completed sixteen OF NEW YORK years of dedicated service as Mayor, a tenure IN THE HOUSE OF REPRESENTATIVES Wednesday, June 23, 2010 which has been prolific for Lee’s Summit as Wednesday, June 23, 2010 Mr. FRELINGHUYSEN. Madam Speaker, I well as Missouri’s Fifth Congressional District. rise today to honor the New Jersey Conserva- Mayor Messerli is widely recognized as an Mr. RANGEL. Madam Speaker, I rise today tion Foundation, headquartered in Far Hills, active leader in the metropolitan area on a va- to honor the monumental contributions of the New Jersey, which is celebrating fifty years of riety of regional issues. She was a founding National Newspaper Publishers Association successful land preservation. member of the Tri City Mayors Coalition, a co- (NNPA) on its 70th anniversary. Founded in The New Jersey Conservation Foundation, alition of mayors from three major cities in 1940 by John H. Sengstacke, the NNPA has NJCF, began in 1960 with a small group of Eastern Jackson County. She also served as served as the voice and advocate of African- concerned citizens determined to fight a plan a member of the Eastern Jackson County Bet- Americans, highlighting the historical chal- by the Port Authority of New York to build the terment Council, and worked on the success- lenges facing their communities. For several region’s fourth major airport in the middle of ful campaign for the Bi-State Cultural Tax to decades, the NNPA has been on the frontlines the Great Swamp near Morristown, New Jer- renovate Kansas City’s . In Octo- of the struggle for justice and defense of the sey. With great determination and persever- ber 2000, Mayor Messerli was elected as rights of African Americans. Its impact has ex- ance, the group succeeded. In 1964, they President of the Missouri Municipal League, tended beyond publishing to affect the lives turned over 1,400 acres to the Federal gov- an organization of over 610 municipalities in and livelihoods of African Americans and the ernment and on May 29th of that same year, Missouri. Prior to this, she served as Vice history of the nation. the Great Swamp National Wildlife Refuge President and on the Board of Directors. She On June 18th, I was humbled to be honored was officially dedicated. It became New Jer- has also been extremely active in her support by the National Newspaper Publishers Asso- sey’s first National Wildlife Refuge and the first of Hope House, an organization serving bat- ciation (NNPA) at its 70th Annual Convention federally designated wilderness area east of tered women, as a member of the Board of in New York City. Alongside Berry Gordy, the the Mississippi. Directors and serving as co-chair for the Cap- iconic founder of Motown Records and a long- After this triumphant battle, the committee ital Campaign to build a domestic violence time leader in the entertainment industry, I members made the decision to take the envi- shelter in Lee’s Summit. was presented with the Legacy of Excellence ronmental health of the entire state as its re- Mayor Messerli has received numerous Award. I would like to thank Danny Bakewell, Sr., sponsibility. In 1975, the group officially orga- awards, including being named the Woman of Chairman of the NNPA and publisher of the nized as the New Jersey Conservation Foun- the Year by the State of Missouri Business Los Angeles Sentinel, the oldest and largest dation. and Professional Women Organization in African American newspaper on the West NJCF has grown from its roots in the Great 1998. In 2002, she was one of sixty women Coast. Under Mr. Bakewell’s leadership, the Swamp to become one of the Nation’s fore- featured in the book, ‘‘A Power of Her Own’’ NNPA has thrived as an organization, which most land conservation organizations. Through by Kathryn Sommer, a collection of stories he has headed since July of 2009. the support of its staff and trustees, they have about women from the Kansas City area who I also wish to recognize two stalwart pub- helped protect over 100,000 acres of New Jer- were the first to make significant strides for lishers in the New York City NNPA family: sey farmland, forest and natural areas. From women. She was also the recipient of the Walter Smith, president of the Northeast Pub- the cedar swamps of the Pine Barrens to the 2004 Missouri Parks and Recreation Associa- lishers Association and publisher of the New urban parks of Newark and Camden, from the tion Public Official Achievement Award. In York Beacon; and Elinor Tatum, publisher of forests of the Highlands to the marshland of 2009, she received the Dick King Award from The New York Amsterdam News, who took the Delaware Bay, NJCF has provided New the Missouri Economic Development Financ- over for her father, the great Wilbert A. Tatum, Jersey land with the protection it deserves. ing Association to honor her commitment to In addition, NJCF has been at the forefront who passed away in February of 2009. economic development and community better- The history of the Black press in the United of every key legislative initiative to protect ment. farmland, forests, and water quality throughout States dates back to the early 19th century. The citizens of Lee’s Summit know Mayor The first African-American newspaper, Free- the State. The foundation has been a leader Messerli as a respected leader whose integrity in the passage of historic legislation to protect dom’s Journal, was founded in March of 1827 has brought trust to the city government. To in New York City. Two of its founders, Rev- the Pine Barrens and the Highlands—respec- her family, she is a loving wife, a caring moth- tively the Pinelands Protection Act and the erend Samuel Cornish and John B. er of two, and an adoring grandmother of Russwurm, proclaimed in the very first issue, New Jersey Highlands Water Protection and three. In addition to her achievements as a Planning Act—as well as every Green Acre ‘‘Too long have others spoken for us . . . We public official, Mayor Messerli is also an ac- wish to plead our own cause.’’ The goals of bond initiative. complished equestrian and has won many Today, NJCF continues their good work the Black press were to create their own chan- awards showing Arabian and national show across the State: from Cape May to the High- nels of communication for African Americans, horses in local, regional, and national circuits. lands, from the Hudson to the Delaware. expressing their views on social, political, and Madam Speaker, I ask you and my col- I first met Karen when I was serving as economic issues of their time. leagues to join me in congratulating the New Mayor of Kansas City, Missouri, and we devel- The existential mission of the Black press Jersey Conservation Foundation for its 50 oped a friendship that has lasted long past my was to fiercely oppose, condemn and agitate years of dedicated work on behalf of the great mayoral terms. One of my greatest memories against the institution of slavery, the atrocities State of New Jersey. is attending a concert that featured musical of lynching, the insults of racial segregation legends such as Smokey Robinson and Stevie f and the brutal injustices against African Ameri- Wonder with Mayor Messerli while she was cans that denied them their civil and political HONORING LEE’S SUMMIT, MIS- visiting Washington, D.C. rights, not to mention their humanity. Free- SOURI, MAYOR KAREN MESSERLI Madam Speaker, I ask that you and our col- dom’s Journal and the African American news- leagues in the House join me in saluting the papers that followed laid the foundation for HON. EMANUEL CLEAVER former Mayor of Lee’s Summit, Karen Black publishers, editors, journalists, col- OF MISSOURI Messerli, for her leadership and many accom- umnists and cartoonists. IN THE HOUSE OF REPRESENTATIVES plishments for the City of Lee’s Summit, Mis- Years later, in March of 1940, John H. souri. We wish her the very best as she Sengstacke of the Chicago Defender orga- Wednesday, June 23, 2010 leaves public office and pursues other endeav- nized many of this nation’s Black publishers at Mr. CLEAVER. Madam Speaker, I proudly ors. Thank you to Karen Messerli for choosing the first annual convention of what was then rise today to pay tribute to Mayor Karen to serve. Her time as Mayor not only enriched the National Negro Publishers Association in Messerli, who has graciously served the City the community and residents of Lee’s Summit, Chicago. The objective was to provide a of Lee’s Summit, Missouri, for twenty-one Missouri, but also the entire Fifth Congres- venue for Black publishers to acquaint them- years as an elected official. sional District. selves with each other and to jointly address

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.042 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1184 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 the problems ailing their industry. A total of 22 possible because of the efforts of all these For more than two centuries, the U.S. Army Black publications from 16 cities, including De- players. That’s a perspective I’ve never lost.’’ has protected our borders, responded to troit, Philadelphia and Chicago, were rep- Madam Speaker, please join me in applaud- threats to our homeland, and helped the peo- resented. This gathering was the birth of what ing the work of Coach Steve Schmidt’s work ple of America in times of need. I am honored is now known as the National Newspaper and dedication to his players. I commend him to have served in the U.S. Army, and I am Publishers Association, which even today is for his skill, his enthusiasm, and his respect proud to represent Fort Bragg, Pope Air Force widely considered as the most powerful and for the players. I wish him continued success Base and their surrounding communities. influential Black organization in the United in his career coaching men’s basketball. Born fully twelve years before the Constitu- States. f tion was written, the Army has proven to be For seven decades, the NNPA has suc- our Nation’s most enduring institution. North ceeded in championing the concerns, dreams, TRIBUTE TO THE ELM SPRING Carolina’s tradition of military service, patriot- and triumphs of African Americans in this BAPTIST CHURCH ism, and respect for the military goes back to country. While there have been many suc- those earliest days. In fact, the Second Dis- cesses, there is much work to be done. We HON. IKE SKELTON trict’s first Representative was an Army vet- need the Black press today as much as ever. OF MISSOURI eran, Hugh Williamson. I am honored to con- They remain our champions in the fight for IN THE HOUSE OF REPRESENTATIVES tinue that tradition. economic opportunity, affordable health care, Wednesday, June 23, 2010 Even better than ‘‘Happy Birthday’’ is ‘‘Wel- quality education, and political representation. come Home’’. We rejoice every time our sol- Madam Speaker, I recognize the contribu- Mr. SKELTON. Madam Speaker, let me diers return home from their service safely. tions of the NNPA, which represents over 200 take this means to congratulate the Elm This fall, we anticipate that the entire 82nd Air- publishers in the United States and the U.S. Spring Baptist Church of Holden, Missouri, on borne will be home in North Carolina for the Virgin Islands. The NNPA has made an impor- the occasion of its 150th anniversary. first time in many years. I ask my colleagues tant contribution to democracy by ensuring The Elm Spring Baptist Church has under- to join me in celebrating these daily individual that the voices of African Americans are gone many changes since the church’s first returns while we celebrate the institution and heard. I invite my colleagues to honor the leg- pastor, George Minton, led the 15 founding its history as a whole. acy of the National Newspaper Publishers As- members in worship for the first time in July of As we honor this U.S. Army at this signifi- sociation and their enduring contributions to 1860. Pastor Minton led the congregation until cant milestone, we cannot forget that there is this country’s publishing industry, the African the Civil War disrupted their worship services a greater need for commitments than for con- American community, and to the nation. for six years. After this brief disruption, the gratulations. I call on my colleagues who join f church resumed services and constructed the me today in support of this Joint Resolution to first building on land graciously donated by the also commit to continued support for the fund- HONORING STEVE SCHMIDT Jonathan Newman family. As the congregation ing the Army needs for its ongoing missions, has grown, so too has the church’s campus; and to support for TRICARE, mental health HON. DALE E. KILDEE today, the original building is joined by an edu- care, higher education, and military family OF MICHIGAN cational building, a baptistery, and a parson- needs as these heroes return home. IN THE HOUSE OF REPRESENTATIVES age. The newest structure is a Fellowship Hall Mr. Speaker, I rise in strong support of this built in 2000. Wednesday, June 23, 2010 resolution, and in celebration of the continued In recent years, members of the church success of America’s Army. Mr. KILDEE. Madam Speaker, I ask the have focused on serving communities across House of Representatives to join me in con- the United States and the world. To this end, f gratulating Steve Schmidt for being a 2010 in- the congregation has led mission trips to Pitts- ductee into the National Junior College Ath- burgh, Orlando, Greenville, and Palissa, Ugan- THE FEDERAL HOUSING ADMINIS- letic Association Hall of Fame. Coach Schmidt da. For 150 years, the Elm Spring Baptist TRATION REFORM ACT OF 2010 serves as the Head Men’s Basketball Coach Church has been ‘‘Growing the Family of at Mott Community College in Flint, Michigan. God,’’ and they show no sign of stopping. There will be a salute to his achievements at Madam Speaker, I trust my fellow Members HON. BETTY McCOLLUM the college tomorrow. of the House will join me in congratulating the OF MINNESOTA Steve Schmidt became the Men’s Head Elm Spring Baptist Church on the occasion of IN THE HOUSE OF REPRESENTATIVES Basketball Coach at Mott Community College its 150th anniversary and in wishing its mem- Wednesday, June 23, 2010 in 1991 and over the past 19 years he has led bers the best of luck in all future endeavors. his team to 3 national championships in 2003, f Ms. MCCOLLUM. Madam Speaker, I rise in 2007, and 2008. During this time they have strong support of the Federal Housing Admin- never posted a losing record and have won 25 RECOGNIZING 235TH BIRTHDAY OF istration Reform Act of 2010 (H.R. 5072). This or more games in the last 15 seasons. Under U.S. ARMY legislation will help ensure the availability of Coach Schmidt’s leadership his teams have affordable home loans while safeguarding the won 12 conference titles, 7 state champion- SPEECH OF interests of the American taxpayer. ships, and 6 regional championships. At the HON. BOB ETHERIDGE The Federal Housing Administration (FHA) end of the 2009–2010 season Coach OF NORTH CAROLINA has played a crucial role in stabilizing the na- Schmidt’s career record is 504–119. He has IN THE HOUSE OF REPRESENTATIVES tion’s housing market during the current reces- been named the National Junior College Ath- sion. Since the financial crisis and credit crisis letic Association Coach of the Year 3 times, Wednesday, June 16, 2010 that followed, nearly 40 million qualified Ameri- has coached 3 NJCAA Players of the Year Mr. ETHERIDGE. Mr. Speaker, I rise today cans became homeowners and arne insur- and 15 All-Americans. in support of H. Con. Res. 286, recognizing ance through the FHA. The FHA was critical Coach Schmidt began his coaching career the 235th birthday of the United States Army. to keeping mortgage loans flowing to credit- at Lansing Waverly High School and Lansing I rise today to commemorate the birthday of worthy home buyers during the foreclosure cri- Community College working without pay. At the Army, and the service of every man and sis. As private lenders fled the housing mar- the age of 28 he was given the job as Men’s woman who has served our country and kept ket, the insurance provided by the FHA helped Head Basketball Coach at Mott Community its citizens safe. From the twenty-thousand- prevent the housing decline from becoming College and his success with the team has man Army first authorized in June of 1775 to even more severe. been recognized throughout the community. the more than half a million in the Army today, The FHA Reform Act of 2010 will strengthen Three years ago he was inducted into the millions of soldiers have sacrificed for our Na- the FHA loan insurance program and help Greater Flint Sports Hall of Fame and a year tion. In addition to recognizing this birthday of keep credit available and affordable to respon- ago the gymnasium at Ballenger Fieldhouse the Army, I rise to thank and salute all of sible homebuyers. Over the last year, the FHA was named in his honor. those in uniform, whether in the active forces, implemented a number of policy changes He credits teamwork as an integral part of the Reserves, or the National Guard, and the aimed at curbing risk and increasing its capital his success and has said, ‘‘The fact of the civilian support staff that makes their missions reserves. This legislation builds on these re- matter is I’ve not won a single game by my- possible. I thank their families as well for the forms and helps reduce risk by increasing net self. I’ve been part of a team. All of this is sacrifices they have made. worth requirements for FHA loan originators

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.044 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS June 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1185 and providing the FHA with authority to pre- tional Association for the Advancement of Col- back to the voiceless, and ensure that the vent fraudulent lending. In addition, this bill in- ored People, NAACP, which was founded on American people will not continue to be di- creases accountability by requiring the FHA to February 12, 1909. Throughout its existence, vided by differences, but rather be brought to- modernize its reporting systems to better man- the NAACP has faithfully promoted equality in gether by mutual compassion and kinship. age risk and to provide transparent data to the all areas of American society, from suffrage The mission of the NAACP continues today public and Congress. and public accommodation to justice in our and the Saint Paul Branch of the NAACP con- This legislation helps restore fiscal account- Nation’s courts and equality in employment. tinues to work towards equality, education and ability by reducing our deficit by $2.5 billion For nearly a century, the NAACP has justice for all. My local NAACP chapter is well over five years. pressed for an inclusive American society, one known for its tireless work addressing the in- The Federal Housing Administration Reform that would grant all people the equality they justices affecting individuals and the diverse Act of 2010 makes essential reforms to deserve, regardless of the shade or color of strengthen the financial footing of the Federal communities of Minnesota. their skin. The NAACP’s principled efforts to- Housing Administration and stabilize the mort- It is with great admiration that I commend wards the advancement of people who were gage market. I urge my colleagues to support the NAACP on this occasion of their 101st an- long denied their rightful place at work, school, this bill. niversary. The necessity of the continued push and the ballot box have continued to come to for equality and justice for all citizens presents f fruition with the Civil Rights Acts, the Fair a great burden that we bear collectively, but Housing Act, and other breakthroughs in the HONORING THE NAACP ON ITS the work of groups such as the NAACP gives establishment of justice and quality in this 101ST ANNIVERSARY our society the necessary guidance and re- country. minder of our responsibilities towards one an- SPEECH OF A key component of the success of the other. HON. BETTY McCOLLUM NAACP has been the implementation of a nonviolent approach to achieve equality and Mr. Speaker, please join me in paying trib- OF MINNESOTA justice. Its efforts include the promotion of un- ute to the courageous and guiding history of IN THE HOUSE OF REPRESENTATIVES derstanding and education, to the eradication the National Association for the Advancement Wednesday, June 16, 2010 of race and other problems that have long of Colored People on this day of their 101st Ms. MCCOLLUM. Mr. Speaker, I rise today plagued our society. The NAACP has helped anniversary. in honor of the 101st anniversary of the Na- put students through college, give the vote

VerDate Mar 15 2010 05:30 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.048 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1186 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2010 SENATE COMMITTEE MEETINGS the Overseas Private Investment Cor- Veterans’ Affairs Title IV of Senate Resolution 4, poration. To hold hearings to examine veterans’ SD–419 claims processing, focusing on if cur- agreed to by the Senate on February 4, Health, Education, Labor, and Pensions rent efforts are working. 1977, calls for establishment of a sys- To hold hearings to examine the con- SR–418 tem for a computerized schedule of all tinuing needs of workers and commu- 10 a.m. meetings and hearings of Senate com- nities affected by 9/11. Health, Education, Labor, and Pensions mittees, subcommittees, joint commit- SD–430 Employment and Workplace Safety Sub- tees, and committees of conference. Intelligence committee To hold closed hearings to consider cer- This title requires all such committees To hold hearings to examine workplace tain intelligence matters. to notify the Office of the Senate Daily safety and worker protections at BP. SH–219 Digest—designated by the Rules Com- SD–430 mittee—of the time, place, and purpose JUNE 30 2:30 p.m. of the meetings, when scheduled, and Homeland Security and Governmental Af- 9:30 a.m. fairs any cancellations or changes in the Agriculture, Nutrition, and Forestry Federal Financial Management, Govern- meetings as they occur. To hold hearings to examine farm bill re- ment Information, Federal Services, As an additional procedure along authorization, focusing on maintaining with the computerization of this infor- our domestic food supply through a and International Security Sub- mation, the Office of the Senate Daily strong United States farm policy. committee Digest will prepare this information for SR–328A To hold hearings to examine preventing printing in the Extensions of Remarks Indian Affairs and recovering government payment errors. section of the CONGRESSIONAL RECORD Business meeting to consider pending SD–342 on Monday and Wednesday of each calendar business; to be immediately followed by an oversight hearing to ex- Intelligence week. amine diabetes in Indian country and To hold closed hearings to consider cer- Meetings scheduled for Thursday, beyond. tain intelligence matters. June 24, 2010 may be found in the Daily SD–628 SH–219 Digest of today’s RECORD. 10 a.m. Commerce, Science, and Transportation JULY 21 MEETINGS SCHEDULED To hold hearings to examine the Deep- 9:30 a.m. water Horizon tragedy, focusing on JUNE 28 Veterans’ Affairs holding industry accountable. To hold hearings to examine improve- 12:30 p.m. SR–253 Judiciary Homeland Security and Governmental Af- ments to the post-9/11 Government To hold hearings to examine the nomina- fairs Issue (GI) Bill. tion of Elena Kagan, of Massachusetts, To hold hearings to examine nuclear ter- SR–418 to be an Associate Justice of the Su- rorism, focusing on strengthening our preme Court of the United States. domestic defenses, part 1. AUGUST 5 SD–216 SD–342 9:30 a.m. 2 p.m. Veterans’ Affairs JUNE 29 Aging Business meeting to consider pending 10 a.m. To hold hearings to examine drug waste calendar business. Joint Economic Committee and disposal, focusing on when pre- SR–418 To hold hearings to examine fueling scriptions become poison. local economies, focusing on research, SD–106 SEPTEMBER 22 innovation and jobs. 2:30 p.m. Homeland Security and Governmental Af- 9:30 a.m. SD–106 Veterans’ Affairs 2:30 p.m. fairs To hold hearings to examine a legislative Foreign Relations Contracting Oversight Subcommittee presentation focusing on the American To hold hearings to examine the nomina- To hold hearings to examine interagency Legion. tions of Rose M. Likins, of Virginia, to contracts (part II). 345, Cannon Building be Ambassador to the Republic of Peru, SD–342 and Peter Michael McKinley, of Vir- ginia, to be Ambassador to the Repub- JULY 1 SEPTEMBER 23 lic of Colombia, both of the Depart- 9:30 a.m. 9:30 a.m. ment of State, Mark Feierstein, of Vir- Energy and Natural Resources Veterans’ Affairs ginia, to be an Assistant Administrator To hold hearings to examine S. 3452, to To hold an oversight hearing to examine of the United States Agency for Inter- designate the Valles Caldera National Veterans’ Affairs disability compensa- national Development, and Mimi E. Preserve as a unit of the National Park tion, focusing on presumptive dis- Alemayehou, of the District of Colum- System. ability decision-making. bia, to be Executive Vice President of SD–366 SR–418

VerDate Mar 15 2010 05:19 Jun 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\M23JN8.000 E23JNPT1 jbell on DSKDVH8Z91PROD with REMARKS Wednesday, June 23, 2010 Daily Digest Senate Chamber Action House Messages: American Jobs and Closing Tax Loopholes Act— Routine Proceedings, pages S5283–S5380 Agreement: Senate resumed consideration of the Measures Introduced: Four bills and three resolu- amendment of the House of Representatives to the tions were introduced, as follows: S. 3523–3526, and amendment of the Senate to H.R. 4213, to amend S. Res. 562–564. Page S5319 the Internal Revenue Code of 1986 to extend certain Measures Reported: expiring provisions, taking action on the following S. 3249, to amend the Robert T. Stafford Disaster amendments proposed thereto: Relief and Emergency Assistance Act to reauthorize Pages S5305–07, S5310–11 the predisaster hazard mitigation program and for Rejected: other purposes, with an amendment. (S. Rept. No. DeMint motion to refer the House Message to ac- 111–215) Page S5319 company H.R. 4213, to the Committee on Finance with instructions. (By 57 yeas to 40 nays (Vote No. Measures Passed: 197), Senate tabled the motion.) Pages S5305–06 Indian Arts and Crafts Amendments Act: Senate Baucus motion to concur in the amendment of the passed H.R. 725, to protect Indian arts and crafts House to the amendment of the Senate to the bill, through the improvement of applicable criminal pro- with Baucus Amendment No. 4369 (to the amend- ceedings, after agreeing to the following amendment ment of the House to the amendment of the Senate proposed thereto: Page S5306 to the bill), in the nature of a substitute. (By 56 Durbin (for Dorgan) Amendment No. 4391, to yeas to 40 nays (Vote No. 198), Senate tabled the improve the prosecution of, and response to, crimes motion.) Pages S5305, S5306 in Indian country. Page S5306 Pending: Improper Payments Elimination and Recovery Reid (for Baucus) motion to concur in the amend- Act: Senate passed S. 1508, to amend the Improper ment of the House to the amendment of the Senate Payments Information Act of 2002 (31 U.S.C. 3321 to the bill, with Baucus Amendment No. 4386 (to note) in order to prevent the loss of billions in tax- the amendment of the House to the amendment of payer dollars, after withdrawing the committee the Senate to the bill), in the nature of a substitute. amendment, and agreeing to the following amend- Page S5310 ment proposed thereto: Pages S5306–09 Reid (for Baucus) Amendment No. 4387 (to Durbin (for Carper) Amendment No. 4392, in the Amendment No. 4386), to change the enactment date. Page S5310 nature of a substitute. Page S5309 Reid motion to refer in the amendment of the National Post-Traumatic Stress Disorder House to the amendment of the Senate to the bill Awareness Day: Committee on the Judiciary was to the Committee on Finance, with instructions, discharged from further consideration of S. Res. 541, Reid Amendment No. 4388, to provide for a study. designating June 27, 2010, as ‘‘National Post-Trau- Pages S5310–11 matic Stress Disorder Awareness Day’’, and the reso- Reid Amendment No. 4389 (to the instructions lution was then agreed to, after agreeing to the fol- (Amendment No. 4388) of the motion to refer), of Pages S5309–10 lowing amendment proposed thereto: a perfecting nature. Page S5311 Durbin (for Conrad) Amendment No. 4393, to Reid Amendment No. 4390 (to Amendment No. improve the preamble. Pages S5309–10 4389), of a perfecting nature. Page S5311 Olympic Day: Committee on the Judiciary was A motion was entered to close further debate on discharged from further consideration of S. Res. 552, the Reid (for Baucus) motion to concur in the designating June 23, 2010, as ‘‘Olympic Day’’, and amendment of the House to the amendment of the the resolution was then agreed to. Page S5310 Senate to the bill, with Baucus Amendment No. D714

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4386 (to the amendment of the House to the Malcolm D. Jackson, of Illinois, to be an Assistant amendment of the Senate to the bill), in the nature Administrator of the Environmental Protection of a substitute, and, in accordance with the provi- Agency. Pages S5311, S5380 sions of rule XXII of the Standing Rules of the Sen- Messages from the House: Page S5317 ate, a vote on cloture will occur on Friday, June 25, 2010. Page S5310 Measures Referred: Page S5317 During consideration of this measure, Senate also Executive Communications: Pages S5317–19 took the following action: Additional Cosponsors: Pages S5319–20 Coburn Amendment No. 4331 (to Amendment No. 4369), to pay for the cost of this act by reduc- Statements on Introduced Bills/Resolutions: ing wasteful, inefficient, excessive and duplicative Page S5320 government spending, fell when the Baucus motion Additional Statements: Pages S5316–24 to concur in the amendment of the House to the Amendments Submitted: Pages S5324–79 amendment of the Senate to the bill, with Baucus Amendment No. 4369 (to the amendment of the Notices of Hearings/Meetings: Page S5379 House to the amendment of the Senate to the bill) Authorities for Committees to Meet: Page S5379 was tabled. Page S5305 Privileges of the Floor: Page S5380 Casey/Brown (OH) Amendment No. 4371 (to Record Votes: Two record votes were taken today. Amendment No. 4369), to provide for the extension (Total—198) Page S5306 of premium assistance for COBRA benefits, fell when the Baucus motion to concur in the amend- Adjournment: Senate convened at 9:30 a.m. and ment of the House to the amendment of the Senate adjourned at 9:15 p.m., until 9:30 a.m. on Thurs- to the bill, with Baucus Amendment No. 4369 (to day, June 24, 2010. (For Senate’s program, see the the amendment of the House to the amendment of remarks of the Majority Leader in today’s Record on the Senate to the bill) was tabled. Page S5305 page S5380.) LeMieux Amendment No. 4300 (to Amendment No. 4369), to establish an expedited procedure for Committee Meetings consideration of a bill returning spending levels to 2007 levels, fell when the Baucus motion to concur (Committees not listed did not meet) in the amendment of the House to the amendment of the Senate to the bill, with Baucus Amendment APPROPRIATIONS: DEPARTMENT OF No. 4369 (to the amendment of the House to the DEFENSE amendment of the Senate to the bill) was tabled. Committee on Appropriations: Subcommittee on Defense Page S5305 received testimony from sundry public witnesses re- A unanimous-consent agreement was reached pro- questing funding for programs in the Department of viding for further consideration of the amendment of Defense appropriations bill for fiscal year 2011. the House of Representatives to the amendment of the Senate to the bill, at approximately 10:30 a.m., MINERALS MANAGEMENT SERVICE on Thursday, June 24, 2010. Page S5380 Committee on Appropriations: Subcommittee on Inte- Nominations Confirmed: Senate confirmed the fol- rior, Environment, and Related Agencies concluded lowing nominations: a hearing to examine Minerals Management Service Michael Peter Huerta, of the District of Colum- reorganization, after receiving testimony from Ken bia, to be Deputy Administrator of the Federal Avia- Salazar, Secretary, and Michael Browich, Director, tion Administration. Bureau of Ocean Energy Management, Regulation, Rafael Moure-Eraso, of Massachusetts, to be Chair- and Enforcement, both of the Department of the In- person of the Chemical Safety and Hazard Investiga- terior. tion Board for a term of five years. Rafael Moure-Eraso, of Massachusetts, to be a FOOD AND DRUG ADMINISTRATION’S Member of the Chemical Safety and Hazard Inves- PRODUCT REVIEW PROCESS tigation Board for a term of five years. Committee on Appropriations: Subcommittee on Agri- Mark A. Griffon, of New Hampshire, to be a culture, Rural Development, Food and Drug Admin- Member of the Chemical Safety and Hazard Inves- istration, and Related Agencies concluded a hearing tigation Board for a term of five years. to examine the Food and Drug Administration’s re- Christopher A. Masingill, of Arkansas, to be Fed- view process for products to treat rare diseases and eral Cochairperson, Delta Regional Authority. neglected tropical diseases, after receiving testimony

VerDate Mar 15 2010 01:41 Jun 30, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD10\D23JN0.REC D23JN0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE D716 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2010 from Gloria Steele, Senior Deputy Assistant Admin- Cards, Inc., Kansas City, Missouri; Allen Abbott, istrator for Global Health, U.S. Agency for Inter- Paul Frederick Menstyle, Inc., Pittsburgh, Pennsyl- national Development; Jesse L. Goodman, Chief Sci- vania; Keith McFalls, Prime Therapeutics, Dallas, entist and Deputy Commissioner for Science and Texas; Paul Misener, Amazon.com, San Francisco, Public Health, Office of the Chief Scientist, Office California; Andrew Rendich, Netflix, Inc., Los of the Commissioner, Food and Drug Administra- Gatos, California; Don Cantriel, National Rural Let- tion, Christopher P. Austin, Director, National Insti- ter Carriers’ Association, St. Louis, Missouri; Fredric tutes of Health Chemical Genomics Center, Senior V. Rolando, National Association of Letter Carriers, Advisor to the Director for Translational Research, AFL–CIO, and William Burrus, American Postal Office of the Director, National Human Genome Re- Workers Union, AFL–CIO, both of Washington, search Institute, National Institutes of Health; and D.C.; Richard Collins, National Postal Mail Han- Emil Kakkis, Kakkis EveryLife Foundation, Diane dlers Union, Rochester, Virginia; Louis Atkins, Na- Edquist Dorman, National Organization for Rare tional Association of Postal Supervisors, Arlington, Disorders, and Thomas J. Bollyky, Center for Global Virginia; and Charles Mapa, National League of Development, all of Washington, D.C. Postmasters, and Robert Rapoza, National Associa- UNITED STATES–CHINA TRADE tion of Postmasters of the United States, both of Al- RELATIONSHIP exandria, Virginia. Committee on Finance: Committee concluded a hearing OFFICE OF THE INTELLECTUAL PROPERTY to examine the United States-China trade relation- ENFORCEMENT COORDINATOR ship, focusing on finding a new path forward, after Committee on the Judiciary: Committee concluded an receiving testimony from Gary Locke, Secretary of oversight hearing to examine the Office of the Intel- Commerce; and Ron Kirk, United States Trade Rep- lectual Property Enforcement Coordinator, after re- resentative, Executive Office of the President. ceiving testimony from Victoria Espinel, Intellectual RISING CHINA Property Enforcement Coordinator, Office of Man- Committee on Foreign Relations: Committee concluded agement and Budget; Barry M. Meyer, Warner Bros. a hearing to examine finding common ground with Entertainment Inc., Burbank, California; Paul E. a rising China, after receiving testimony from Laura Almeida, The American Federation of Labor and Tyson, University of California Haas School of Busi- Congress of Industrial Organizations (AFL–CIO), ness, Berkeley; and Carla A. Hills, Hills & Com- and David Hirschmann and Mark T. Esper, both of pany, International Consultants, Washington, D.C. the U.S. Chamber of Commerce, all of Washington, D.C.; and Caroline Bienstock, Carlin America, Inc., UNITED STATES POSTAL SERVICE New York, New York. Committee on Homeland Security and Governmental Af- fairs: Subcommittee on Federal Financial Manage- SENATE FILIBUSTER ment, Government Information, Federal Services, Committee on Rules and Administration: Committee and International Security, concluded a joint hearing concluded a hearing to examine the filibuster, focus- with the House Oversight and Government Reform ing on silent filibusters, holds and the Senate con- Subcommittee on Federal Workforce, Postal Service, firmation process, after receiving testimony from and the District of Columbia to examine customer Senators Wyden, McCaskill and Grassley; G. Calvin and employee views on the future of the United Mackenzie, Colby College, Waterville, Maine; Lee States Postal Service, after receiving testimony from Rawls, National War College, Kensington, Mary- H. James Gooden, American Lung Association, land; and Thomas E. Mann, The Brookings Institu- Philadelphia, Pennsylvania; Don Hall, Jr., Hallmark tion, Washington, D.C. h House of Representatives Res. 93; and H. Res. 1467, 1469–1471, were intro- Chamber Action duced. Pages H4778–79 Public Bills and Resolutions Introduced: 15 pub- Additional Cosponsors: Pages H4779–80 lic bills, H.R. 5575–5589; and 5 resolutions, H.J. Reports Filed: Reports were filed today as follows:

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VerDate Mar 15 2010 01:41 Jun 30, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD10\D23JN0.REC D23JN0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE D718 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2010 Suspensions—Proceedings Postponed: The House Prodromou of Boston, MA, for a two-year term end- debated the following measures under suspension of ing May 14, 2012, to succeed herself. Upon the rec- the rules. Further proceedings were postponed: ommendation of the Minority Leader: Mr. Ted Van Recognizing the important role that fathers play Der Meid of Rochester, NY, for a two-year term in the lives of their children and families: H. Con. ending May 14, 2012, to succeed Ms. Nina Shea. Res. 285, to recognize the important role that fa- Page H4736 thers play in the lives of their children and families Quorum Calls—Votes: Five yea-and-nay votes and and to support the goals and ideals of designating one recorded vote developed during the proceedings 2010 as the Year of the Father; Pages H4692–93 of today and appear on pages H4696, H4697, Expressing support for designation of the week H4697–98, H4728, H4731–32, and H4732. There beginning May 2, 2010, as ‘‘National Physical were no quorum calls. Education and Sport Week’’: H. Res. 1373, to ex- Adjournment: The House met at 10 a.m. and ad- press support for designation of the week beginning journed at 8:25 p.m. May 2, 2010, as ‘‘National Physical Education and Sport Week’’; Pages H4694–96 Recognizing the 50th anniversary of the conclu- Committee Meetings sion of the United States-Japan Treaty of Mutual Cooperation and Security: H. Res. 1464, to recog- INDIAN RESERVATIONS—FOOD nize the 50th anniversary of the conclusion of the DISTRIBUTION PROGRAM United States-Japan Treaty of Mutual Cooperation Committee on Agriculture: Subcommittee on Depart- and Security and to express appreciation to the Gov- ment Operations, Oversight, Nutrition and Forestry ernment of Japan and the Japanese people for en- held a hearing to review the Food Distribution Pro- hancing peace, prosperity, and security in the Asia- gram on Indian Reservations. Testimony was heard Pacific region; Pages H4709–11 from Kevin Concannon, Under Secretary, Food, Nu- Calling for the immediate and unconditional re- trition and Consumer Services, USDA; and public lease of Israeli soldier Gilad Shalit held captive by witnesses. Hamas: H. Res. 1359, amended, to call for the im- mediate and unconditional release of Israeli soldier OIL RIG/CLEANUP—WORKER HEALTH Gilad Shalit held captive by Hamas; and AND SAFETY Pages H4713–16 Committee on Education and Labor: Held a hearing on Expressing the sense of the House of Representa- Worker Health and Safety from the Oil Rig to the tives on the one-year anniversary of the Govern- Shoreline. Testimony was heard from RADM Kevin ment of Iran’s fraudulent manipulation of Ira- Cook, USCG, Director, Prevention Policy, Marine nian elections: H. Res. 1457, to express the sense Safety, Security, and Stewardship, U.S. Coast Guard, of the House of Representatives on the one-year an- Department, of Homeland Security; John Howard, niversary of the Government of Iran’s fraudulent ma- M.D., Director, National Institute, Occupational nipulation of Iranian elections, the Government of Safety and Health, Centers for Disease Control and Iran’s continued denial of human rights and democ- Prevention, Department of Health and Human Serv- racy to the people of Iran, and the Government of ices; David Michaels, Assistant Secretary, Occupa- Iran’s continued pursuit of a nuclear weapons capa- tional Safety and Health, Department of Labor; and bility. Pages H4716–21 Doug Slitor, Acting Chief, Office of Offshore Regu- Moment of Silence: The House observed a moment latory Programs, Offshore Energy and Minerals Man- of silence in memory of Thomas Ludlow Ashley, agement, Minerals Management Service, Department former Member of Congress. Pages H4728–31 of the Interior. Requesting return of official papers on H.R. 5136: The House agreed to H. Res. 1467, request- MEDPAC’S REPORT TO CONGRESS: ing return of official papers on H.R. 5136. ALIGNING INCENTIVES IN MEDICARE Page H4733 Committee on Energy and Commerce: Subcommittee on Commission on International Religious Free- Health held a hearing entitled ‘‘MedPAC’s June dom—Appointment: The Chair announced the 2010 Report to Congress: Aligning Incentives in Speaker’s appointment of the following members on Medicare.’’ Testimony was heard from. Glenn the part of the House to the Commission on Inter- Hackbarth, Chairman, Medicare Payment and Advi- national Religious Freedom: Ms. Elizabeth W. sory Commission.

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MISCELLANEOUS MEASURES of the bill except those arising under clause 9 or 10 Committee on Homeland Security: Ordered reported the of rule XXI. The rule provides that the amendment following bills: H.R. 5498, as amended, WMD Pre- in the nature of a substitute recommended by the vention and Preparedness Act of 2010; H.R. 5562, Committee on House Administration, modified by Homeland Security Grant Management Improvement the amendment printed in part A of the report of Act; and H.R. 5105, as amended, To establish a the Committee on Rules, shall be considered as Chief Veterinary Officer in the Department Home- adopted and considered as read. The rule waives all land Security. points of order against the bill, as amended. The rule further makes in order only those amendments MISCELLANEOUS MEASURES printed in part B of the report. The amendments Committee on the Judiciary: Ordered reported the fol- made in order may be offered only in the order lowing: H.R. 5503, as amended, Securing Protec- printed in the report, may be offered only by a tions for the Injured from Limitations on Liability Member designated in the report, shall be considered Act; H. Res. 1455, adversely, Directing the Attorney as read, shall be debatable for the time specified in General to transmit to the House of Representatives the report equally divided and controlled by the pro- copies of certain communications relating to certain ponent and an opponent, shall not be subject to recommendations regarding administration appoint- amendment, and shall not be subject to a demand ments; and H.R. 5566, Prevention of Interstate for division of the question. All points of order Commerce in Crush Videos Act of 2010. against the amendments except for clauses 9 and 10 The Committee also approved a motion to author- of rule XXI are waived. The rule provides that for ize issuance of subpoenas to BP America for docu- those amendments reported from the Committee of ments regarding its clams process relating to the the Whole, the question of their adoption shall be Gulf oil spill. put to the House en gros and without demand for COAL ACCOUNTABILITY AND RETIRED division of the question. The rule provides one mo- EMPLOYEE ACT OF 2010 tion to recommit with or without instructions. The Committee on Natural Resources: Held a hearing on rule provides that the Chair may entertain a motion H.R. 5479, Coal Accountability and Retired Em- that the Committee rise only if offered by the Chair ployee Act of 2010. Testimony was heard from Al- of the Committee on House Administration or his fred Whitehouse, Chief, Division of Reclamation designee. The rule provides that the Chair may not Support, Office of Surface Mining Reclamation and entertain a motion to strike out the enacting words Enforcement, Department of the Interior; and public of the bill. The rule authorizes the Speaker to enter- witnesses. tain motions that the House suspend the rules at any time through the legislative day of Friday, June 25, MEDICATION ASSISTED DRUG ADDICTION 2010. The Speaker or her designee shall consult with TREATMENT the Minority Leader or his designee on the designa- Committee on Oversight and Government Reform: Sub- tion of any matter for consideration pursuant to this committee on Domestic Policy held a hearing enti- rule. The rule waives clause 6(a) of rule XIII (requir- tled ‘‘Treating Addiction as a Disease: The Promise ing a two-thirds vote to consider a rule on the same of Medication Assisted Recovery.’’ Testimony was day it is reported from the Rules Committee) against heard from Thomas McLellan, Deputy Director, Of- certain rules reported from the Rules Committee. fice of National Drug Control Policy; Nora D. The rule applies the waiver to any rule reported Volkow, M.D., Director, National Institute on Drug through the legislative day of Friday, June 25, 2010, Abuse, Department of Health and Human Services; providing for consideration or disposition of a meas- and public witnesses. ure that includes a subject matter addressed by H.R. DEMOCRACY IS STRENGTHENED BY 4213. Testimony was heard from Chairman Brady CASTING LIGHT ON SPENDING IN (PA) and Representatives Van Hollen, Capuano, ELECTIONS ACT Daniel Lungren (CA), Harper, Kaptur, Price (NC), Committee on Rules: Granted, by a non-record vote, a Kucinich, Edwards (MD), and Grayson. structured rule providing for consideration of H.R. 5175, the ‘‘Democracy is Strengthened by Casting DEEPWATER DRILLING TECH-RESEARCH- Light on Spending in Elections Act.’’ The rule pro- DEVELOPMENT vides one hour of general debate equally divided and Committee on Science and Technology: Subcommittee on controlled by the chair and ranking minority mem- Energy and Environment held a hearing on Deep- ber of the Committee on House Administration. The water Drilling Technology, Research and Develop- rule waives all points of order against consideration ment. Testimony was heard from public witnesses.

VerDate Mar 15 2010 01:41 Jun 30, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD10\D23JN0.REC D23JN0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE D720 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2010 MOTOR CARRIER SAFETY OVERSIGHT COMMITTEE MEETINGS FOR THURSDAY, Committee on Transportation and Infrastructure: Sub- JUNE 24, 2010 committee on Highways and Transit held a hearing (Committee meetings are open unless otherwise indicated) on Comprehensive Safety Analysis 2010: Under- Senate standing FMCSA’s New System of Motor Carrier Oversight. Testimony was heard from Anne S. Ferro, Committee on Armed Services: to hold hearings to examine Administrator, Federal Motor Carrier Safety Admin- the nominations of General Raymond T. Odierno, USA, for reappointment to the grade of general and Com- istration, Department of Transportation; and public mander, United States Joint Forces Command, and Lieu- witnesses. tenant General Lloyd J. Austin III, USA, to be general and Commander, United States Forces-Iraq, 9:30 a.m., VA EMERGENCY PREPAREDNESS SD–G50. Committee on Veterans’ Affairs: Subcommittee on Over- Committee on Commerce, Science, and Transportation: to sight and Investigations held a hearing on Emer- hold hearings to examine universal service, focusing on gency Preparedness: Evaluating the U.S. Department transforming the high-cost fund for the broadband era, of Veterans Affairs’ Fourth Mission. Testimony was 10 a.m., SR–253. heard from CPT D.W. Chen, M.D., USN, Director, Subcommittee on Surface Transportation and Merchant Marine, to hold hearings to examine ensuring the safety Civil-Military Medicine, Force Health Protection and of our nation’s pipelines, 2:30 p.m., SR–253. Readiness Policy and Programs, Department of De- Committee on Energy and Natural Resources: to hold hear- fense; Kevin Yeskey, M.D., Deputy Assistant Sec- ings to examine S. 3497, to amend the Outer Continental retary and Director, Office of Preparedness and Shelf Lands Act to require leases entered into under that Emergency Operations, Department of Health and Act to include a plan that describes the means and Human Services; Steve Woodard, Director, Response timeline for containment and termination of an ongoing Operations, Response Directorate, Office of Response discharge of oil, S. 3431, to improve the administration and Recovery, FEMA, Department of Homeland Se- of the Minerals Management Service, S. 3509, to amend curity; Jose D. Riojas, Assistant Secretary, Oper- the Energy Policy Act of 2005 to promote the research ations, Security and Preparedness, Department of and development of technologies and best practices for the safe development and extraction of natural gas and Veterans Affairs; and public witnesses. other petroleum resources, and S. 3516, to amend the BRIEFING—CYBERSECURITY Outer Continental Shelf Lands Act to reform the manage- ment of energy and mineral resources on the Outer Con- Permanent Select Committee on Intelligence: Sub- tinental Shelf, 9:30 a.m., SD–366. committee on Technical and Tactical Intelligence Committee on Foreign Relations: to resume hearings to ex- met in executive session to receive a briefing on Cy- amine Treaty between the United States of America and bersecurity. The Subcommittee was briefed by de- the Russian Federation on Measures for the Further Re- partmental witnesses. duction and Limitation of Strategic Offensive Arms, signed in Prague on April 8, 2010, with Protocol (Treaty BRIEFING—HOT SPOTS Doc. 111–05), focusing on implementation-inspections and assistance, 10 a.m., SD–419. Permanent Select Committee on Intelligence: Sub- Full Committee, to continue hearings to examine Trea- committee on Terrorism, Human Intelligence, Anal- ty between the United States of America and the Russian ysis and Counterintelligence met in executive session Federation on Measures for the Further Reduction and to receive a briefing on Hot Spots. The Sub- Limitation of Strategic Offensive Arms, signed in Prague committee was briefed by departmental witnesses. on April 8, 2010, with Protocol (Treaty Doc. 111–05), focusing on benefits and risks, 2:30 p.m., SD–419. Committee on Health, Education, Labor, and Pensions: to Joint Meetings hold hearings to examine an overview of the Federal in- vestment in for-profit education, 10 a.m., SD–124. RESTORING AMERICAN FINANCIAL Committee on Homeland Security and Governmental Affairs: STABILITY ACT business meeting to consider S. 3480, to amend the Conferees met to resolve the differences between the Homeland Security Act of 2002 and other laws to en- Senate and House passed versions of H.R. 4173, to hance the security and resiliency of the cyber and com- promote the financial stability of the United States munications infrastructure of the United States, S. 3335, to require Congress to establish a unified and searchable by improving accountability and transparency in the database on a public website for congressional earmarks financial system, to end ‘‘too big to fail’’, to protect as called for by the President in his 2010 State of the the American taxpayer by ending bailouts, to protect Union Address to Congress, S. 674, to amend chapter 41 consumers from abusive financial services practices, of title 5, United States Code, to provide for the estab- but did not complete action thereon, and will meet lishment and authorization of funding for certain training again on Thursday, June 24th. programs for supervisors of Federal employees, H.R.

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4861, to designate the facility of the United States Postal Committee on Natural Resources, Subcommittee on Insular Service located at 1343 West Irving Park Road in Chi- Affairs, Oceans, and Wildlife, hearing on State Planning cago, Illinois, as the ‘‘Steve Goodman Post Office Build- for Offshore Energy Development: Standards for Pre- ing’’, H.R. 5051, to designate the facility of the United paredness, 10 a.m., 1324 Longworth. States Postal Service located at 23 Genesee Street in Subcommittee on National Parks, Forests and Public Hornell, New York, as the ‘‘Zachary Smith Post Office Lands, hearing on the following bills: H.R. 4195, To au- Building’’, H.R. 5099 and S. 3465, bills to designate the thorize the Peace Corps Commemorative Foundation to facility of the United States Postal Service located at 15 establish a commemorative work in the District of Co- South Main Street in Sharon, Massachusetts, as the ‘‘Mi- lumbia and its environs; H.R. 5192, Forest Ecosystem chael C. Rothberg Post Office’’, and the nominations of Recovery and Protection Act; H.R. 5388, To expand the John S. Pistole, of Virginia, to be an Assistant Secretary boundaries of the Cibola National Forest in the State of of Homeland Security, and Dennis J. Toner, of Delaware, New Mexico; and H.R. 5494, To direct the Director of to be a Governor of the United States Postal Service, 2:30 the and the Secretary of the Inte- p.m., SD–342. rior to transfer certain Properties to the District of Co- Committee on the Judiciary: business meeting to consider lumbia, 10 a.m., 1324 Longworth. S. 3466, to require restitution for victims of criminal vio- Committee on Oversight and Government Reform, hearing lations of the Federal Water Pollution Control Act, H.R. entitled ‘‘Foreclosure Prevention Part II: Are Loan 1933, to direct the Attorney General to make an annual Servicers Honoring Their Commitments to Help Preserve grant to the A Child Is Missing Alert and Recovery Cen- Homeownership?’’ 10 a.m., 2154 Rayburn. ter to assist law enforcement agencies in the rapid recov- Committee on Veterans’ Affairs, Subcommittee on Eco- ery of missing children, H.R. 908, to amend the Violent nomic Opportunity, to mark up the following measures: Crime Control and Law Enforcement Act of 1994 to re- H.R. 929, To amend title 38, United States Code, to re- authorize the Missing Alzheimer’s Disease Patient Alert quire the Secretary of Veterans Affairs to carry out a pro- Program, H.R. 2765, to amend title 28, United States gram of training to provide eligible veterans with skills Code, to prohibit recognition and enforcement of foreign relevant to the job market; H.R. 3685, To require the defamation judgments and certain foreign judgments Secretary of Veterans Affairs to include on the main page against the providers of interactive computer services, and of the Internet website of the Department of Veterans Af- the nominations of Edward L. Stanton III, to be United fairs a hyperlink to the VetSuccess Internet website and States Attorney for the Western District of Tennessee, to publicize such Internet website; H.R. 4359, WARM- Stephen R. Wigginton, to be United States Attorney for ER Act; H.R. 4469, To amend the Servicemembers Civil the Southern District of Illinois, Cathy Jo Jones, to be Relief Act to provide for protection of child custody ar- United States Marshal for the Southern District of Ohio, rangements for parents who are members of the Armed and Timothy Q. Purdon, to be United States Attorney for Forces deployed in support of a contingency operation; the District of North Dakota, all of the Department of H.R. 4664, To amend the Servicemembers Civil Relief Justice, 10 a.m., SD–226. Act to provide for a one-year moratorium on the sale of foreclosure of property owned by surviving spouses or House servicemembers killed in Operation Iraqi Freedom or Op- Committee on Agriculture, Subcommittee on General eration Enduring Freedom; H.R. 4765, To amend title Farm Commodities and Risk Management, to review U.S. 38, United States Code, to authorize those persons who farm safety net programs in advance of the 2012 Farm are pursuing programs of rehabilitation, education, or Bill, 9:30 a.m., 1300 Longworth. training under laws administered by the Secretary of Vet- Committee on Appropriations, Subcommittee on Defense, erans Affairs to receive work-study allowances for certain executive, hearing on United States Special Operations outreach services provided through congressional offices; Command, 2 p.m., H–405 Capitol. H.R. 5360, Blinded Veterans Adaptive Housing Im- Subcommittee on Homeland Security, to mark up the provement Act of 2010; and H.R. 5484, VetStar Vet- FY 2011 Homeland Security Appropriations bill, 4 p.m., erans-Friendly Business Act of 2010, 1 p.m., 334 Can- B–308 Rayburn. non. Committee on Education and Labor, Subcommittee on Subcommittee on Health, hearing on Overcoming Healthy Families and Communities, hearing on Ensuring Rural Health Care Barriers: Use of Innovative Wireless Student Cyber Safety, 10 a.m., 2175 Rayburn. Health Technology Solutions, 10 a.m., 334 Cannon. Committee on the Judiciary, Subcommittee on Commer- cial and Administrative Law, hearing on the Civil Divi- Joint Meetings sion of the United Sates Department of Justice, 11 a.m., Conference: meeting of conferees on H.R. 4173, to pro- 2141 Rayburn. mote the financial stability of the United States by im- Subcommittee on the Constitution, Civil Rights, and proving accountability and transparency in the financial Civil Liberties, hearing on ECPA Reform and the Revolu- system, to end ‘‘too big to fail’’, to protect the American tion in Location-Based Technology and Services, 10 a.m., taxpayer by ending bailouts, to protect consumers from 2237 Rayburn. abusive financial services practices, 9:30 a.m., SD–106.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, June 24 10 a.m., Thursday, June 24

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 5175— morning business (not to extend beyond one hour), Senate DISCLOSE Act (Subject to a Rule). will continue consideration of the House Message to ac- company H.R. 4213, American Jobs and Closing Tax Loopholes Act, with roll call votes expected to occur throughout the day.

Extensions of Remarks, as inserted in this issue

HOUSE Giffords, Gabrielle, Ariz., E1176 Owens, William L., N.Y., E1177 Goodlatte, Bob, Va., E1179 Pallone, Frank, Jr., N.J., E1176 Bordallo, Madeleine Z., Guam, E1169 Hastings, Alcee L., Fla., E1174 Quigley, Mike, Ill., E1181 Brown, Corrine, Fla., E1177 Holden, Tim, Pa., E1174 Rangel, Charles B., N.Y., E1175, E1180, E1183 Burgess, Michael C., Tex., E1172 Issa, Darrell E., Calif., E1169, E1178 Ryan, Tim, Ohio, E1169 Butterfield, G.K., N.C., E1181 Jackson Lee, Sheila, Tex., E1172 Schiff, Adam B., Calif., E1180 Carnahan, Russ, Mo., E1174 Jordan, Jim, Ohio, E1179 Shuster, Bill, Pa., E1182 Castle, Michael N., Del., E1172, E1173, E1175 Kildee, Dale E., Mich., E1178, E1184 Skelton, Ike, Mo., E1175, E1184 Cleaver, Emanuel, Mo., E1183 Lungren, Daniel E., Calif., E1173 Stark, Fortney Pete, Calif., E1178 Coffman, Mike, Colo., E1180 Lynch, Stephen F., Mass., E1176 Cole, Tom, Okla., E1177 McCarthy, Carolyn, N.Y., E1174 Sullivan, John, Okla., E1182 Conyers, John, Jr., Mich., E1174 McClintock, Tom, Calif., E1176 Visclosky, Peter J., Ind., E1179 Critz, Mark S., Pa., E1173 McCollum, Betty, Minn., E1184, E1185 Welch, Peter, Vt., E1181 Cuellar, Henry, Tex., E1179 McCotter, Thaddeus G., Mich., E1175 Wilson, Joe, S.C., E1173 Ellison, Keith, Minn., E1170 Maloney, Carolyn B., N.Y., E1176 Wittman, Robert J., Va., E1169 Etheridge, Bob, N.C., E1184 Mitchell, Harry E., Ariz., E1169 Woolsey, Lynn C., Calif., E1175, E1180 Fortenberry, Jeff, Nebr., E1179 Myrick, Sue Wilkins, N.C., E1178 Yarmuth, John A., Ky., E1182 Frelinghuysen, Rodney P., N.J., E1183 Nunes, Devin, Calif., E1181 Young, C.W. Bill, Fla., E1170

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