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

Vol. 156 WASHINGTON, THURSDAY, NOVEMBER 18, 2010 No. 151 House of Representatives The House met at 10 a.m. and was MESSAGE FROM THE SENATE across this country, I urge my col- called to order by the Speaker. A message from the Senate by Ms. leagues in the House to come together and extend unemployment benefits so f Curtis, one of its clerks, announced that the Senate has passed a bill of the we can keep our economy moving. PRAYER following title in which the concur- f The Chaplain, the Reverend Daniel P. rence of the House is requested: LEADERSHIP ELECTIONS Coughlin, offered the following prayer: S. 1421. An act to amend section 42 of title (Mr. WILSON of South Carolina Lord God of history and present in 18, United States Code, to prohibit the im- asked and was given permission to ad- our day, help this Congress to move portation and shipment of certain species of carp. dress the House for 1 minute and to re- forward in hope. Each new day in this vise and extend his remarks.) land of freedom is an opportunity for f Mr. WILSON of South Carolina. Your people to venture forth, alone or ANNOUNCEMENT BY THE SPEAKER Madam Speaker, on November 2nd, the connected to others, into the vast hori- The SPEAKER. The Chair will enter- American people amplified their voices zon of the future. tain up to 10 requests for 1-minutes on to command a new way forward. They Relying on Your hope, give to Your each side of the aisle. were tired of lawmakers strangling people vision in place of confusion, and them with Big Government regulations f confirmation of noble ideas and good instead of creating much-needed jobs, judgment. Help the representatives of EXTEND UNEMPLOYMENT and they were tired of excessive bor- Your people to work for the common BENEFITS rowing and spending. good, with discerning eyes, contem- (Ms. PINGREE of Maine asked and Yesterday, the Republican Con- plative listening, and reasoned deci- was given permission to address the ference listened to the concerns of sions. House for 1 minute.) Americans and selected leaders who May they lead this Nation to be peo- Ms. PINGREE of Maine. Madam will transform the way business is done ple of faith by being attentive to Your Speaker, if this Congress does not act in Washington. I believe our team, led commands, to become Your instrument on unemployment benefits today, we by JOHN BOEHNER and ERIC CANTOR, and accomplish Your holy will, both risk gambling away those critical ben- will curb spending, create jobs, and now and forever. Amen. efits for millions of men and women promote opportunities to keep money across the country. This couldn’t come in the pockets of hardworking tax- f payers. at a worse time. I was particularly thrilled with the Just weeks before Christmas, with THE JOURNAL election of South Carolina’s Tim winter settling in, thousands of people Scott—from my birthplace of Charles- The SPEAKER. The Chair has exam- in my State of Maine will see their ined the Journal of the last day’s pro- ton—to the leadership team. Congress- benefits run out. Although our econ- man-elect Scott’s business background ceedings and announces to the House omy has shown some signs of improv- her approval thereof. and proven record of bringing jobs to ing, far, far too many people are still South Carolina is a great addition to Pursuant to clause 1, rule I, the Jour- unable to find a job. nal stands approved. the new Republican leadership. I look Not only are unemployment benefits forward to working with him to pro- f an essential part of the safety net, they mote limited government and expanded are critical to keeping the local econ- freedom. PLEDGE OF ALLEGIANCE omy moving. When an unemployed In conclusion, God bless our troops, The SPEAKER. Will the gentleman Mainer gets a benefit check, he or she and we will never forget September from South Carolina (Mr. WILSON) turns around and spends that money in 11th in the global war on terrorism. the local community, at the super- come forward and lead the House in the f Pledge of Allegiance. market or the gas station or the hard- Mr. WILSON of South Carolina led ware store. In fact, every $1 of unem- EXTEND UNEMPLOYMENT the Pledge of Allegiance as follows: ployment benefits generates $2 in local BENEFITS I pledge allegiance to the Flag of the economic activity, according to the (Mr. HIMES asked and was given per- United States of America, and to the Repub- Department of Labor. mission to address the House for 1 lic for which it stands, one nation under God, Madam Speaker, for the sake of out- minute and to revise and extend his re- indivisible, with liberty and justice for all. of-work Americans and businesses marks.)

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

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VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.000 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7552 CONGRESSIONAL RECORD — HOUSE November 18, 2010 Mr. HIMES. Madam Speaker, today cans back to work and make things in that the American public understands this House will take up the question of America. that you need your unemployment ben- whether we should extend the tem- f efits and that you want to work, and porary unemployment insurance pro- that you have worked before and that EXTEND UNEMPLOYMENT grams currently in place. If this House you want to work again. BENEFITS chooses not to do that, 2 million Amer- And so I would say to all of those out icans will go into the holidays won- (Ms. BERKLEY asked and was given there who would choose to not allow dering not whether they will just have permission to address the House for 1 Americans to put food on their tables a holiday meal, but whether they will minute and to revise and extend her re- to ask themselves who we are as a have a meal at all. marks.) country. But let’s set aside what is probably Ms. BERKLEY. Six months ago, I f the most important thing that each said the three most important issues in 1010 and every one of us should think about, this country are jobs, jobs, jobs, and I b which is those people and how the holi- said it 6 months before that. I say it MAKE IT IN AMERICA days will look for them. Let’s talk his- now. But while we are working to re- (Ms. WATSON asked and was given tory for a second. store our economy and put people back permission to address the House for 1 The fact is that the Congress of the to work, we must extend unemploy- minute.) United States has never cut unemploy- ment benefits to the millions of Ameri- Ms. WATSON. Madam Speaker, as we ment insurance benefits when unem- cans, our fellow citizens, who, through continue to work our way out of the re- ployment was anywhere near where it no fault of their own, find themselves cession with the help of economic in- is today. In fact, following the 2001 re- unemployed. centives that create jobs and lay the cession, the Republican-controlled In my congressional district of Las foundation for long-term growth, one Congress maintained temporary unem- Vegas in the State of Nevada, we have of the most important tools is the ployment insurance until the unem- been particularly hard hit. People, Make It In America program. ployment rate fell below 6 percent, well through no fault of their own, they’re Make It In America creates jobs in below where we are today. not spoiled, they’re not lazy, they’ve America, will help reverse the flow of Let’s do something else. Let’s talk worked every day of their lives. jobs overseas, and will help rebuild the economics. Every Member of this They’ve got no job because the econ- manufacturing base in America, pro- House knows that the most important omy is so bad. These are the people, viding good paying jobs for hard- thing we can do right now is to help our fellow citizens, our next-door working Americans. It will also help this economy recover: Jobs. neighbors, our family members that we America lead the world economy in the Financial institutions that look at need to help by extending unemploy- years ahead. this stuff tell us that if we allow unem- ment benefits. By creating a national manufac- ployment insurance to go away, it will If we do not do this today, 27,000 Ne- turing strategy, we will ensure a new have a profoundly negative effect on vada families will have no way to put prosperity by promoting American the economy; a number of banks esti- food on their families’ tables. Their competitiveness and innovation. We mate half a percentage point of GDP. children will do without. They will not are looking to building a strong 21st We must renew unemployment bene- be able to pay their rent or put food on century clean-energy economy that fits. the table. will make Americans more secure. f We have an obligation to our fellow Let’s make it in America. citizens that we must help them until f MAKE IT IN AMERICA we get this economy back where it (Mr. CARNAHAN asked and was needs to be. LARGE TAX INCREASES given permission to address the House f (Ms. FOXX asked and was given per- for 1 minute and to revise and extend mission to address the House for 1 his remarks.) EXTEND UNEMPLOYMENT BENEFITS minute.) Mr. CARNAHAN. Madam Speaker, Ms. FOXX. Madam Speaker, politi- today I rise in strong support of Amer- (Ms. EDWARDS of Maryland asked cians like to talk about cutting defi- ican manufacturing. The Make It In and was given permission to address cits. President Obama and his fellow America agenda creates jobs in Amer- the House for 1 minute and to revise Democrats seem to think tax increases ica, reversing the flow of jobs overseas, and extend her remarks.) are the only way to lower the deficit. and rebuilding the manufacturing base Ms. EDWARDS of Maryland. Madam Earlier this year, the President re- in America, providing good jobs for Speaker, I rise today to highlight the leased a budget that called for $1.8 tril- hardworking Americans. need to immediately extend unemploy- lion in tax increases. Back home in St. Louis, I had the ment benefits and to make permanent In fact, since President Obama took chance to visit with Lunar Tool, a the middle class tax cuts. office, Democrats have raised taxes by small business in my district. They To the 14,600 Marylanders and 2 mil- over $670 billion and have used nearly shared with me their concerns about lion Americans across the country who all of it to increase the size of govern- the future of manufacturing and that are facing the loss of their unemploy- ment, not reduce the size of deficits. with the right incentives and a level ment benefits, this Member of Congress During the same 22 months, the Fed- playing field, they can compete with and Members on this side of the aisle eral Government has spent $6.1 trillion. anyone, anywhere. That is what we understand who you are and under- But now Democrats are about to were sent here to do, to help rebuild stand what you’re facing. hand the American taxpayers the larg- our economy, including American man- I’ve stood in an unemployment line. I est tax increase in our Nation’s his- ufacturing. wasn’t lazy, I wasn’t not looking for a tory. And House Republicans are deter- I have and will remain committed to job, but I needed unemployment bene- mined to stop it. Congress should per- working with my colleagues on both fits. I’ve stood in a food pantry, and manently extend the tax relief for all sides of the aisle to give small business it’s humiliating, the entire experience. taxpayers. and manufacturing the resources they And so the idea that we are going to Higher taxes are not the way to lower need to rebuild this economy and put allow Americans, hardworking Amer- deficits. Washington must cut spend- Americans back to work. ican families who have earned their ing. According to the Alliance for Amer- benefits, to go home at Thanksgiving f ican Manufacturing, every manufac- and not know whether they’re going to turing job supports four additional jobs put a turkey on the table to feed their RECOGNIZING THE RETIREMENT in other industries. Now is not the families, we should be ashamed if we OF ALONZO R. PENA time to stall. We must tap American allow that to happen. (Mr. CUELLAR asked and was given innovation, that spirit that helped I know that I am committed, my col- permission to address the House for 1 make this country great, to get Ameri- leagues are committed, to make sure minute.)

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.002 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7553 Mr. CUELLAR. Madam Speaker, I Then my wishes for the City Wide cut spending; $700 billion cuts to the rise today to recognize the retirement Clubs in Houston, Texas, to be able to richest isn’t the way to do it. You’ve of Alonzo R. Pena, Deputy Director of feed the 25,000 that are needing to be got to look at the Fed and other areas U.S. Immigration and Customs En- fed in Houston this Thanksgiving. and be brave. forcement, which is the ICE, in the They need help and they need to have f U.S. Department of Homeland Secu- resources. b 1020 rity. He has worked to make our com- f munities safe through law enforcement PROVIDING FOR CONSIDERATION REPUBLICANS ARE HOLDING THE for over two decades. OF SENATE AMENDMENT TO H.R. Mr. Pena is a native of Falfurrias, MIDDLE CLASS HOSTAGE 1722, TELEWORK ENHANCEMENT Texas, where he began his career as a (Mr. INSLEE asked and was given ACT OF 2010, AND PROVIDING Texas State trooper. In 1984, he entered permission to address the House for 1 FOR CONSIDERATION OF MO- the Federal service as part of the ATF minute and to revise and extend his re- TIONS TO SUSPEND THE RULES in California. After several years, he marks.) Mr. ARCURI. Madam Speaker, by di- returned back to Texas and worked his Mr. INSLEE. Madam Speaker, I urge rection of the Committee on Rules, I way up to Assistant Director for the our Republican colleagues to join us in call up House Resolution 1721 and ask Smuggling Division. Mr. Pena also doing the right thing for working fami- for its immediate consideration. served as the ICE Special Agent-in- lies in this difficult time on unemploy- The Clerk read the resolution, as fol- Charge in San Antonio, Houston, and ment. I’ve heard them say, well, we lows: Phoenix. just can’t afford this. Well, that’s a lit- H. RES. 1721 He played a key role in the creation tle interesting to me when they say we can afford to blow a $700 billion hole in Resolved, That upon adoption of this reso- of the ICE’s Border Enforcement Secu- lution it shall be in order to take from the rity Task Force (BEST) initiative, the Federal deficit by giving away tax Speaker’s table the bill (H.R. 1722) to require which developed a comprehensive ap- cuts to millionaires. the head of each executive agency to estab- proach to combat cross-border crime We Democrats stand for working lish and implement a policy under which em- and which started there in my home- middle class folks to give them middle ployees shall be authorized to telework, and town of Laredo. class tax relief but not grow the Fed- for other purposes, with the Senate amend- Deputy Director Pena has led efforts eral deficit another $700 billion. ment thereto, and to consider in the House, to foster increased counternarcotics Now what is going on here is a hos- without intervention of any point of order and law enforcement cooperation with tage-taking situation, because the Re- except those arising under clause 10 of rule publicans are holding the middle class XXI, a motion offered by the chair of the Mexico as the State Department’s sen- Committee on Oversight and Government ior diplomat to the Government of hostage by not allowing 100 percent of Reform or his designee that the House con- Mexico at the U.S. Embassy in Mexico Americans to have tax relief just so cur in the Senate amendment. The Senate City. their friends who might be hedge fund amendment shall be considered as read. The As the current Deputy Director of managers or otherwise can get addi- motion shall be debatable for one hour equal- ICE, Mr. Pena has assisted intel- tional tax relief on top of it. Well, here ly divided and controlled by the chair and ligence-driven investigations through is what we should say: Americans do ranking minority member of the Committee the assistance of and relationships not negotiate with hostage-takers. on Oversight and Government Reform. The We ought to have the right economic previous question shall be considered as or- with Federal, State, local, and inter- dered on the motion to its adoption without national partners. policy. And I’ll tell you what: We are intervening motion. Madam Speaker, I am honored to rec- not going to allow the trickle-down ec- SEC. 2. It shall be in order at any time ognize the unique dedication, commit- onomics of George Bush to be foisted through the legislative day of November 19, ment, and leadership of ICE Deputy Di- on America anymore. 2010, for the Speaker to entertain motions rector Alonzo Pena, and his family. f that the House suspend the rules. The Speak- er or her designee shall consult with the Mi- f THE ORIGIN OF THE DEFICIT nority Leader or his designee on the designa- THANKSGIVING WISHES (Mr. COHEN asked and was given per- tion of any matter for consideration pursu- (Ms. JACKSON LEE of Texas asked mission to address the House for 1 ant to this section. and was given permission to address minute and to revise and extend his re- The SPEAKER pro tempore. The gen- the House for 1 minute.) marks.) tleman from New York is recognized Ms. JACKSON LEE of Texas. Madam Mr. COHEN. Madam Speaker, I think for 1 hour. Speaker, I have a series of Thanks- as we look at this lame duck session at Mr. ARCURI. Madam Speaker, for giving wishes, wishes that many in this the end of the 111th Congress, how we the purpose of debate only, I yield the country will provide the opportunity to got where we are with the deficit, customary 30 minutes to the gentle- extend unemployment benefits, but be- which was such a big issue—in 1994, woman from North Carolina (Ms. cause of the stalling and the delay of Congress and President Clinton passed FOXX). All time yielded during consid- those opposition kings and queens, we a bill to balance the budget, all Demo- eration of the rule is for debate only. I may not extend unemployment bene- crats. The result of it was the Demo- yield myself such time as I may con- fits so that many of the vulnerable in crats suffered a great election defeat in sume. this country will have an opportunity 1994. The Republicans took over with GENERAL LEAVE to be thankful and to sit with their Newt Gingrich and had the House for Mr. ARCURI. I also ask unanimous families and be able to celebrate. the next 12 years. But we balanced the consent that all Members be given 5 These are hardworking Americans budget with a budget surplus by the legislative days within which to revise who have given their best to this coun- year 2000. and extend their remarks on House try. How dare we not provide an exten- Then President Bush came in office, Resolution 1721. sion of unemployment benefits? We and he gave these tax cuts away to a The SPEAKER pro tempore. Is there must do it now. trillion-dollar war in Iraq, a war in Af- objection to the request of the gen- I heard this morning someone indi- ghanistan, and passed Medicare part D, tleman from New York? cate, what are we doing for small busi- the largest extension of Federal bene- There was no objection. nesses? I don’t know why our informa- fits ever, tremendous deficit, increas- Mr. ARCURI. Madam Speaker, H. tion does not translate to all of you ing much more so than any health care Res. 1721 provides for consideration of hardworking small businesses. But we bill passed since or the one that we the Senate amendment to H.R. 1722, have given you in this Congress with passed, and we got this tremendous def- the Telework Improvements Act of this Democratic majority 16 tax cuts icit. 2010. The rule makes in order a motion that you will be able to utilize and $30 Now the Republicans talk about ear- offered by the chair of the Committee billion right now in the banks of Amer- marks. Earmarks have nothing to do on Oversight and Government Reform ica for you to access credit because we with the deficit at all. It has to do with or his designee that the House concur believe in you. You are the job creator. tough decisions to increase revenues or in the Senate amendment to H.R. 1722.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.004 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7554 CONGRESSIONAL RECORD — HOUSE November 18, 2010 The rule provides 1 hour of debate on and reporting requirements, including scionable spending and deficit in- the motion equally divided and con- a confidential hotline and email ad- creases. They rejected a government trolled by the chair and ranking minor- dress to report abuses, and require takeover of health care. They rejected ity member of the Committee on Over- agencies to submit a summary of abuse the Federal ownership of any industry sight and Government Reform. The reports to the Government Account- deemed too incompetent to fail, but rule waives all points of order against ability Office, the GAO. These meas- they also rejected the heavy handed, consideration of the motion except ures will ensure that telecommuting autocratic rule of congressional lib- those arising under clause 10 of rule workers are efficient and accountable. erals. XXI. The rule provides that the Senate I urge all Members to support the If we accept as truth liberal claims amendment shall be considered as read. rule and the Senate amendments to that unemployment is the exclusive Finally, the rule allows the Speaker to H.R. 1722, and I reserve the balance of issue of concern to all voters, one must entertain motions to suspend the rules my time. wonder what the liberals plan to do through the legislative day of Novem- Ms. FOXX. I yield myself such time about the stalled economy now that ber 19, 2010. The Speaker or her des- as I may consume, and I thank my col- the voters have forced them to refocus. ignee shall consult with the minority league from New York for yielding me The answer to reducing the unem- leader or his designee on the designa- the time. ployment rate: Pass flawed legislation tion of any matter for consideration Madam Speaker, if a tree falls in the that makes it easier for Federal em- pursuant to this resolution. forest and there is no one there to hear ployees to stay at home and get paid This is the third time this year that it, does it still make a sound? for work. the House has debated and considered After their thorough drubbing on There it is, folks. The liberal Demo- this bill. Each of the previous two Election Day, it makes sense for the crat elites have found the solution that has evaded them for so long. It is not times, a majority of the Members voted Democrats to revisit this metaphysical to keep tax rates for small businesses for the bill. question. Despite the abundance of evi- from rising. It is not to look at ways to I have often heard my colleagues on dence and warnings from pollsters, cut spending so that more capital is the other side of the aisle speak elo- from authorities across the political available to the private sector. It is not quently of how much more efficient the spectrum and from the American peo- pushing for improved trade agreements private sector is and about the need for ple, the liberals maintain their losses that will increase exports and help re- government to take more cues from were due to miscommunication and store our balance of trade. It is not to business. Telecommuting could not be voter ignorance, all resulting from the shrink the size and number of Federal a better example of this. There is no sour economy and nothing more. regulations that are slowing job cre- reason that the Federal Government They refuse to acknowledge the re- ation in the private sector. should not make full use of the per- ality that voters rejected the liberals’ government takeover of health care No. Madam Speaker and ladies and petual advances being made in mobile gentlemen, they bring us an oppor- technologies to ensure that our govern- and the process that accompanied its passage. They refuse to recognize that tunity to reinvigorate America’s ment’s workforce functions as effi- strength by spending $30 million more ciently and cost-effectively as possible. their endless bailouts of megabanks, automobile manufacturers and unions to make it easier for Federal employ- Telework policies are even more im- ees to work from home. could have possibly led to the histor- portant during times of emergency. On September 30, 2010, the Senate ical election results. Stubbornly The Office of Management and Budget, passed H.R. 1722 with an amendment— OMB, has estimated that for each day clinging to their failed prescription of adopted by unanimous consent—strip- the Federal Government was shut down bigger government and ever-increasing ping out almost all of the provisions during the mega-snowstorms that hit taxes, the liberals continue to defend added to the bill by the House under a the Capital Region last February, we the stimulus and their extravagant successful motion to recommit offered lost $71 million worth of productivity. spending as cornerstones of their futile by Oversight and Government Reform efforts at healing the economy. It is important to point out that OMB Committee Ranking Member ISSA. The also concluded that without employees So perhaps the question should now bipartisan House MTR provisions that at some agencies being able to tele- become: If American voters roundly re- were stripped out by the Senate are commute, the cost of lost productivity ject the failed liberal agenda, will any provisions which would: would have been easily beyond $100 Democrats notice? By continuing to require each agency to certify that million. spend hard-earned taxpayer money in the telework program will save money The Telework Improvements Act will an irresponsible fashion, it appears ob- before authorizing any employees to provide a framework to expand the cur- vious that the answer is ‘‘no.’’ telework; prohibit employees from en- rent telecommuting program so that Republicans have been listening to gaging in any union or collective bar- all Federal employees can take advan- the American people and warning the gaining activities while teleworking; tage of these opportunities. ruling liberal Democrats of the con- require employees of the executive of- sequences of their Big Government b 1030 fice of the President to carbon copy overreach. However, those who think of their official email accounts on any of- Telecommuting also helps to reduce themselves as liberal elites in Wash- ficial business communications that traffic congestion. Not only does this ington seem to have been the only ones are made on personal email and social save gas and emissions, but it de- in the country to have missed the writ- media accounts; make employees ineli- creases rush-hour traffic for all resi- ing on the wall and the message of No- gible for telework if they have fraudu- dents of the D.C. metro area, whether vember 2. The ruling Democrat regime lently applied for and received low-in- they work for the Federal Government ignored the clear evidence of voter dis- come home energy assistance pay- or in the private sector. content, and they continue their march ments for which they are ineligible or In the past, some have argued that lockstep with a liberal agenda which have seriously delinquent tax debts. telecommuting just allows lazy govern- would embarrass many European The removal of these provisions by ment employees to sit at home and pre- states. the Senate will raise the cost of this tend to work. That’s simply not the Their minions blindly followed fur- legislation and will provide a tele- case. This bill requires agencies to es- ther expanding government with near- working benefit to individuals who tablish a telecommuting policy that ly every bill they passed. Then, on No- clearly should not be entrusted with authorizes employees to telecommute vember 2, the voters showed their feel- increased latitude and autonomy. Ab- to the maximum amount possible only ings by removing the gavel from the sent these provisions, telework be- to the extent that it doesn’t diminish grip of San Francisco liberal NANCY comes another perk for Federal work- employee performance or agency oper- PELOSI. The liberals’ response to an ers whose salaries and other compensa- ations. election of such historic proportions: tion already surpass those of their pri- The Senate amendments to H.R. 1722 Blame voter ignorance and the vate sector counterparts. also require agencies to maintain a marginalized minority congressional The American people have grown telework database for various research Republicans. Voters rejected uncon- tired of waiting for real solutions to

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.007 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7555 their problems. Fortunately, help is on nesses that are involved will show that forced to subsidize it with their hard- the way. In January, this House will it’s rather hollow. earned tax dollars. Long before the Juan Williams fi- set a new course towards protecting in- b 1040 dividual liberties and shrinking the asco, I sponsored legislation to pull the unending expansion of the suffocating But that is why the legislation before plug on taxpayer funding for NPR. I Federal bureaucracy. I urge my col- us got bogged down, because there were enjoy some programs on NPR, but I leagues to vote ‘‘no’’ on this rule and extraneous provisions in it that looked have long believed that it can stand on ‘‘no’’ on the underlying bill. good in a sound byte but actually had its own. I reserve the balance of my time. little to do with the legislation. For in- The question is not the quality of Mr. ARCURI. Madam Speaker, I stance, the provision that would have programming on NPR. The question guess, after the last election, I had na- required denial of the ability to tele- today is whether government programs ively thought that we could come back commute to people who were delin- and services that can be funded pri- and get away from the political sniping quent in their taxes was actually unen- vately should be subsidized by tax- and focus on governing, but it sounds forceable. There was no way that the payers. As a country, we no longer like that is not the case, and that’s un- IRS could do what they wanted to do, have this luxury, if we ever did. With fortunate. and so they were willing to deny the the national debt over $13 trillion, the This was a bill that was passed in the ability of the Federal Government to government simply can’t afford to con- House with strong bipartisan support. be able to have the efficiencies that tinue funding nonessential services. It certainly was not anything that was people back home in Oregon have with Americans voted through the popular political but was something that was telecommunication in the private sec- Web site YouCut to place this proposal needed and necessary. Unfortunately, I tor, rather they would continue to bog on the House floor for a vote today. think that we are going to continue to it down. The selection of this measure shows hear about politics rather than about The SPEAKER pro tempore. The the American people desire to rein in governing. time of the gentleman has expired. unnecessary spending. My proposal With that, Madam Speaker, I yield 3 Mr. ARCURI. I yield the gentleman would prohibit Federal dollars from minutes to the gentleman from Oregon an additional 1 minute. going to NPR through any of the var- (Mr. BLUMENAUER). Mr. BLUMENAUER. We in Congress ious Federal grants they now access. I Mr. BLUMENAUER. I appreciate the can telecommute. It makes me avail- myself enjoy NPR programming, but gentleman’s courtesy in permitting me able to be able to work 7 days a week why should Americans foot the bill for to speak on this bill as I appreciate his whether I’m in Washington, D.C., or this when we have to borrow about 40 insightful comments about where we I’m in Portland. Our staff does it rou- cents on every Federal dollar? are and where we are going. tinely, but they would deny the ability NPR local radio stations directly re- Madam Speaker, I, too, listened to of Federal employees. ceive congressionally appropriated what was not a debate on this bill but This is, as my friend from New York funds that reached over $65 million in a continuation of the political rhetoric pointed out, bipartisan legislation. It’s 2010 alone. Plus, local stations directly that the American public has enjoyed always had Republicans and Democrats receive grants from other Federal over the course of the last 3 or 4 supporting it. It’s received strong ma- sources such as the National Endow- months. Actually, I don’t know that jorities. I’m sure it will pass today. But ment for the Arts. NPR stations then they enjoyed it, as the people I heard I’m hopeful that we can focus on the use these taxpayer dollars on licensing from back home actually got rather business at hand, not hang up impor- fees for NPR programming, which are tired of it. tant work. then funneled back to NPR head- It was ironic that I heard my good I want to make sure that any Federal quarters here in Washington, DC. Tak- friend Ms. FOXX talking about the gov- employee who is delinquent in their ing this indirect funding into account, ernment takeover of health care after I taxes pays up. I’m happy to work with Federal funds now make up an esti- had just been visited by representa- my friends on the other side of the mated 20 percent of NPR’s annual tives of one of the largest health insur- aisle to focus specific legislation in budget. ance companies in America, who was that regard, and as a member of Ways Let me be clear, this measure will talking about their role in health care and Means, I’m happy to work with not prohibit local stations from receiv- reform. They saw it as making a path them to do that. But for heaven’s sake, ing any other funding. It will just pro- towards better health care and that let’s deal with important things here, hibit them from using taxpayer money they’d have to do some things dif- perhaps not repeat all the political to acquire NPR programming. ferently but that they were working on talking points. Let’s get down to some Unsustainable Federal spending is a the implementation of it. I met with serious business. serious threat to the United States these representatives back home after Ms. FOXX. Madam Speaker, I just economy and to the future prosperity the election. I met with a wide variety point out to my colleague from Oregon of the American people. Americans of people from health care, who were that telework already exists. Federal know this. We shouldn’t wait until the talking about how we move forward in employees can do it already. What this 112th Congress to start solving this this partnership that has been focused bill does is allocate $30 million and cre- problem. Cutting spending begins now. and in terms of how we improve Medi- ate more bureaucracy. We’re not stop- We must begin the hard work of elimi- care for our seniors. ping telework. We’re not creating nating these deficits and creating jobs The notion that somehow this is a telework. We’re expanding it and by making tough choices on spending takeover is lost on the people who are spending more money. today. actually in the health care arena, and Madam Speaker, with that, I yield 3 The American people have asked the American public will find that out. minutes to my colleague from Colorado Congress to put a stop to out-of-control We will be able to hear their sugges- (Mr. LAMBORN). spending. Millions of them have voted tions going forward. Mr. LAMBORN. Madam Speaker, I through YouCut that prohibiting Fed- With regard to the notion of the rise in opposition to the previous ques- eral funding of NPR is a good place to failed stimulus, I just left a group of tion and in support of this week’s start. I urge my colleagues to heed the eight large corporate representatives, YouCut item, the elimination of tax- will of the American people to get Fed- who were talking about moving for- payer subsidies to National Public eral spending under control and vote ward on some of the infrastructure and Radio. for a sensible reduction of spending by energy items that were important to National Public Radio’s recent firing opposing the previous question. them. Yesterday, a dozen energy execu- of longtime news analyst Juan Wil- Mr. ARCURI. Madam Speaker, I yield tives who thought it was important, as liams was a wake-up call for many 4 additional minutes to the gentleman well as creating and saving jobs. The Americans to political correctness and from Oregon (Mr. BLUMENAUER). disconnect between the political rhet- liberal bias at NPR. However, it’s not Mr. BLUMENAUER. Thank you. oric and what any American can verify the liberal bias that offends me so I was on my way out of the Chamber by talking to the health care busi- much as that American citizens are and I heard my friend from Colorado

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.008 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7556 CONGRESSIONAL RECORD — HOUSE November 18, 2010 talk about attacking out-of-control cuts if we’re not able to maintain fund- plug some holes. Today’s YouCut pro- Federal spending by making sure that ing. I think that’s a tragedy. I think it posal will save the American taxpayers there’s no direct or indirect ability for is a tragedy to try to politicize NPR. over $100 million and will be proof that resources from the Federal Govern- I’m not going to comment on the Congress is ready to shrink the size ment to go to NPR. Madam Speaker, I handling of the Juan Williams episode. and scope of the Federal Government. find that really a sad reflection on the There are others that have talked I urge your support. Please oppose current state of affairs. about it endlessly. The head of NPR in- the previous question. National public broadcasting is one dicated she would have handled it dif- Mr. ARCURI. Madam Speaker, I of the few areas where the American ferently. would like to take a moment to remind public can actually get balanced infor- The SPEAKER pro tempore. The my colleagues about the true purpose mation. It’s not the bloviators on the time of the gentleman has expired. of this bill, which is to make sure that right or the left. Public broadcasting, Mr. ARCURI. I yield the gentleman 1 the Federal Government is taking the because it is not taking commercial additional minute. steps necessary to increase its ability advertising, because it has a commit- Mr. BLUMENAUER. When you mix to function, even in times of national ment to public service and balanced in- NPR and FOX News and you go back emergencies, because that is what we formation, has been the most impor- and deconstruct that, they have rules are here in Congress to do—to make tant, unbiased source available to of journalism that they follow, that sure that the government continues to Americans from coast to coast. people are supposed to follow, and Mr. function, especially in times of na- The Federal investment in public Williams had trouble following those tional emergencies. broadcasting is relatively minor. It is rules before. The bill requires Federal agencies to 10, 15 percent, when you add everything But notwithstanding that, the point implement policies and practices to is we need to have the public in public up, but it is an important portion be- allow employees to telecommute. It re- broadcasting. The Federal minuscule cause it leverages vast amounts of quires them to train their employees dollars that are invested in that com- money that otherwise would not be about how to do their work remotely pared to the amount of money that is available. so that the Federal employees can con- wasted in defense, in agriculture sub- I, like my friend from Colorado, par- tinue to do their jobs, even if they sidy pales by comparison. And I think ticipate. I go to the telethons. I con- can’t get to work because of a natural we are going to be able to work with tribute every year from my family, and disaster or other emergency. some of the new Members of Congress I’m glad to do it. You know, but if this There has been some discussion to deal with things that have defied re- agenda, which is where the Republicans about the need to police telecom- form in the past. I am looking forward who took over last time were trying to muting employees, so I want to talk to some of what they say. go, to defund public broadcasting, is about some of the oversight and ac- picked up even before they take con- But public broadcasting is a resource, is a treasure for Americans from coast countability measures that this legis- trol is successful, it’s going to have lation contains. very serious consequences. It’s not to coast. It is trusted by more Ameri- cans than any other resource in terms This bill requires the Office of Per- going to affect Denver. It’s not going sonnel Management to provide tele- to affect Portland, Oregon, or San of the news, and it is far more than just news. It is education. It is culture. It is working assistance and guidance to Francisco or New York except that the agencies, to maintain a telework data- quality of some of the programs will history. And it would be a tragedy to eat away at NPR to make it harder to base, and to establish various research erode, frankly, because these are tough and reporting requirements. times and sponsorship from the busi- serve the difficult-to-reach areas of our country. The bill sets up a confidential hotline ness community is down and individ- and email address to report abuses and uals are having to stretch to be able to Ms. FOXX. Madam Speaker, our col- league from Oregon has just given us requires the OPM to report to the Gov- contribute. These services are more ernment Accountability Office about important than ever, when we’ve got another example of how out of touch our colleagues across the aisle are. If any abuse reports it receives. all these screaming heads on the air Finally, the Senate amendment to giving forth information that is hardly he thinks that public radio is balanced and unbiased and our taking away that H.R. 1722 also requires OPM to consult balanced and accurate. with the National Archives about how But what will happen? Not only the funding will have serious consequences, to manage and preserve all records erosion of quality and some of the pro- he is obviously not in touch with the from telework, including Presidential grams for culture and education that American people. Republicans are in and Vice Presidential records, some- are not going to have a commercial touch with the American people. thing that was raised by the Repub- base will be eroded. What is going to That’s why we’re making this proposal. licans in their motion to recommit have the biggest impact, if they have I live in a rural area, and I understand their way, will be the areas of America that. back in July. So, you see that there are oversight that don’t have the population base. Again, you’re blaming the victim. measures built into these telework Rural and small town America will pay You’re blaming the voters. Please, policies. This bill doesn’t just say to the price. don’t blame the voters. That’s not Oregon public broadcasting is one of what they’re looking for. agencies, ‘‘Send your employees the finest public broadcasting systems I now would like to yield 1 minute to home.’’ No. It directs the Federal agen- in the United States, but the most ex- my colleague from Kansas (Ms. JEN- cies to set up policies and trainings so pensive persons to serve are the people KINS). that their employees know how to in the far reaches of our State, where Ms. JENKINS. Madam Speaker, folks work just as efficiently outside the of- we put up expensive translators to be back home in Kansas have been forced fice as they can at their desks in times able to get the programming out there. to tighten their belts and rein in fam- of emergency, and those employees We have programming that is designed ily budgets to weather tough times, know that there is oversight by the to reach to the furthest extent of our and we don’t understand why Wash- agency of the work that is being done. State, and that is subsidized. If we are ington isn’t willing to do the same. The Those protections are included in going to lose the modest amount of Federal Government should have only this bill, just as they are in the Federal subsidization, it will not only a few foundational duties. Among those telework policies used by companies in affect the quality in Denver and Port- are protecting our citizens, maintain- the private sector. That is why this bill land and Charlotte, in Atlanta, in ing a strong infrastructure, and up- makes common sense, because the Fed- Ithaca, but it’s going to make it harder holding our rights as outlined in the eral Government should be adopting for rural and small town America to be Constitution. Notably missing from policies like this that are commonly able to get this vital service. this list is the funding of political used in the private sector to make sure radio shows, particularly those that that our government functions effi- b 1050 operate with a litmus test. ciently and effectively, even during You look at the costs that they bear, The Federal Government is leaking emergencies that prevent employees that will be an area that will suffer the money left and right, and it’s time to from coming into the office.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.013 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7557 I continue to reserve the balance of These changes in union membership jobs instead of focusing on creating my time. are certainly not surprising, as union- more perks for Federal employees? Ms. FOXX. Madam Speaker, I yield ized companies do poorly in the mar- Madam Speaker, I reserve the bal- myself such time as I may consume. ketplace and lose jobs relative to their ance of my time. You know, before we took our recess nonunion competitors. Government Mr. ARCURI. Madam Speaker, my to be at home for the elections, every employees, however, face no competi- friend from North Carolina talks about bill that was brought here was about tion as the government never goes out passage of this bill being a travesty. I jobs. That didn’t work, obviously, be- of business. couldn’t disagree more. The travesty cause our unemployment rate is still The recession has left union bosses would be if there were a national emer- very high. Now, are we to believe that looking for new membership targets, gency and we were ill prepared for it all the bills are going to be about na- and where better to look than in gov- because of the fact that we didn’t act tional security? I hope that Osama bin ernment, which they see as having the today, because of something that we Laden has been put on notice: This is deepest of all pockets and a host of could have done that we didn’t do. going to improve our national security, sympathetic liberal Democrat politi- That would be a travesty. and he’d better watch out. cians eager to please their political Additionally, the travesty is that she Madam Speaker, the underlying bill base. talks about this in political terms, here spends $30 million to create addi- when this is about governing. The days b 1100 tional opportunities for Federal em- of the politics have to end. The days of ployees to work at home. The Amer- In fact, according to the Heritage governing need to begin. That’s what ican people are suffering because of our Foundation, when accounting for this bill is about. It’s about working unemployment rate. Because of the wages and benefits, the total average together, in a bipartisan way, to gov- failed policies of this Congress and this annual compensation for a private-sec- ern, to make government run more ef- administration, the American people tor worker is $60,078, as compared to ficiently in a time when we need it are learning to do more with less. Why $111,015 for the average Federal worker, most, in a time of emergency. That is can’t Federal employees learn to do representing an astonishing 85 percent the travesty, not to act on it. Not to that? They are soon going to have to do compensation differential. sit here and talk about the politics of that. A March 26, 2010, Wall Street Journal it, but rather to talk about how, to- This is a travesty, to come here with editorial entitled ‘‘The Government gether, we can make this work so that our economy in the situation that it’s Pay Boom’’ reveals that: ‘‘Nearly this government functions better for the in and say, We’re going to appropriate entire benefits gap is accounted for by people that we represent. $30 million more in order for Federal unionized public employees. Nonunion Madam Speaker, I reserve the bal- employees to stay at home. H.R. 1722 public employees are paid roughly ance of my time. requires each Federal agency to create what private workers receive. Ms. FOXX. Madam Speaker, I now a teleworking managing officer, even ‘‘The union response is that govern- yield 4 minutes to the distinguished though some agencies may not be big ment workers deserve all this because gentleman from Virginia (Mr. CANTOR). enough to warrant such a position. they’re more educated and highly Mr. CANTOR. Madam Speaker, the So, again, the Democrats’ answer to skilled. That may account for some of issue is about spending. It is about the 9.6 percent unemployment rate the pay differential, but not the blow- stopping the rampant spending in that has persisted for almost 2 years out benefits. The unions also neglect Washington. And on November 2, and the $1.3 trillion deficit is to create one of the greatest perks of govern- Americans spoke decisively and sent an more Federal jobs and require that ment employment: job security. Short undeniable message to Washington to some of those Federal Government of shooting up a Post Office, govern- end wasteful spending. workers be allowed to work from home. ment workers rarely get fired or laid In the new Republican majority next Give me a break. The nearly 4 million off.’’ Congress, Madam Speaker, the YouCut Americans—3.811 million—who have The Republican Study Committee re- program will be an integral part of our lost their jobs since President Obama leased a policy brief recently indi- efforts to transform the culture of took office and over 6 million who have cating that the number of Federal em- spending in Washington into one of lost their jobs since NANCY PELOSI be- ployees making over $100,000 has in- savings. More than 2.4 million YouCut came Speaker in January 2007 continue creased by almost 15 percent since 2007. votes provide us with a clear mandate to ask where are the jobs that they Currently, there are more people in the to rein in spending and make the tough were promised. Federal Government making in excess choices to get America back on the The Congress is pushing this initia- of $100,000 than those making $40,000. right path. tive to make it easier for Federal em- Since the recession began in 2007, This week’s winning item, Madam ployees, who already have it much bet- public worker pay has risen 7.8 percent. Speaker, is a proposal developed by the ter than the rest of the country, to While private-sector wages remain gentleman from Colorado, Representa- avoid the office. So why is this bill so stagnant, the 2010 pay increase for Fed- tive DOUG LAMBORN. This proposal popular with the ruling liberal Demo- eral civilian employees was 2 percent. would eliminate taxpayer funding for crats? Perhaps it has something to do In 2009, the average Federal employee National Public Radio. When execu- with their longstanding subservience received a pay increase of 3.9 percent, tives at NPR decided to unfairly termi- to labor unions. According to the latest and an average pay increase of 3.5 per- nate Juan Williams for expressing his figures available on OpenSecrets.org, cent in 2008. opinion and to then disparage him big labor donated $49,710,561, or 93 per- The average Federal salary, includ- afterwards, the bias of the organization cent of its total campaign contribu- ing benefits, is set to grow from $72,800 was exposed. tions, to Democrats and $3,444,042, or 6 in 2008 to $75,419 in 2010. To be clear, it is not the govern- percent, to Republicans in the last In 2007, when the Democrats took ment’s job to tell a news organization election cycle. Surely money like that over the Congress, the Department of how to do its job. But what’s equally as isn’t going to be wasted pushing legis- Transportation had only one employee certain is that it should not be the tax- lation good for private sector employ- making over $170,000. At the end of last payer’s responsibility to fund news or- ees. year it had 1,690 employees making ganizations with a partisan point of It’s true that a majority of American that amount. view. Eliminating taxpayer funding for union members now work for the gov- The Federal pay premium exists NPR is precisely the kind of common- ernment, as 52 percent of all union across all job categories, white collar, sense cut that we have to begin making members now work for the govern- blue collar, management, professional, if we want to fundamentally alter the ment, representing a sharp increase technical, and low skill. way business is conducted in Wash- from the 49 percent in 2008. A full 37.4 Again, the public is asking, where are ington. percent of government employees be- the jobs? Why aren’t the Democrats Over the past 2 years, Americans longed to unions in 2009, up 0.6 percent- who are in charge of the Congress have become exasperated as they’ve age points from 2008. doing something about private-sector watched the Federal Government grow

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.016 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7558 CONGRESSIONAL RECORD — HOUSE November 18, 2010 to an unacceptable level of spending, But NPR also receives taxpayer funds America’s standards of a free and inde- by spending record levels of money it indirectly. The Corporation for Public pendent press. simply doesn’t have. In order to get Broadcasting makes grants to public This represents a wholesale breach of local America back to opportunity, responsi- radio stations. While some of these stations’ ability to make local, independent de- bility, and success, Republicans and grants can be used for any purpose, cisions to meet the needs of local audiences. Democrats must come together and some can be used only to acquire and Fundamentally, public broadcasting is root- begin making tough choices. Today’s produce programming. Often this pro- ed in local communities. Stations are locally li- YouCut vote is an opportunity for both gramming is purchased from NPR. In- censed and governed, locally programmed parties to come together and to tell the deed, programming fees and dues paid and locally staffed. It is a system of local sta- people that have sent us here—message by local public radio stations to NPR tions interconnected to enable local, regional received. accounts for approximately 40 percent and national program production and distribu- Mr. ARCURI. Madam Speaker, I con- of NPR’s budget, or about $65 million tion, but committed to local service. tinue to reserve the balance of my last year. A portion of these funds were For more than 40 years, the federal govern- time. originally Federal tax dollars provided ment has provided financial support for public Ms. FOXX. Madam Speaker, the evi- to the Corporation for Public Broad- broadcasting—to provide essential edu- dence is in. The liberal Democrat agen- casting, to the local public radio sta- cational, news and cultural programming that da has failed. They need to go back to tions. meets the local needs of American commu- the drawing board and come back to NPR receives a significant amount of nities, large and small. the American people with real solu- funding from private individuals and Public broadcasting is the last remaining tions to their real problems. This isn’t organizations through donations and source of independent, non-commercial, the time to dither and blame the Re- sponsorship. For example, in 2008, NPR thought-provoking broadcast media in the publican minority for the dis- listed over 32 separate private donors country. In many communities, public radio is appointing collapse of governance and sponsors who provided financial the only source of free local, national and we’ve seen since the liberal majority support in excess of half a million dol- international news and music and cultural pro- seized control of Congress in 2007. lars that year. I urge my colleagues to take this op- gramming. Public radio stations are located in portunity to force the ruling liberal b 1110 nearly every major city and small town, deliv- Democrats to rethink their misguided ering highly trusted, agenda-free news and in- NPR officials have indicated that formation to 37 million Americans each week. proposals by rejecting this rule and un- taxpayer funding makes up only a derlying bill to protest the liberal Federal funding has played an important small portion of their overall budget. role in assuring free and universal access to agenda that continues to distract from Therefore, eliminating taxpayer sup- private-sector job creation and getting programs that inform and enrich the life of mil- port should not materially affect lions of Americans in every corner of the the economy back on its feet. NPR’s ability to operate while at the Madam Speaker, I ask unanimous country. same time saving taxpayers millions of Vote ‘‘yes’’ on the previous question. consent that the text of the amend- dollars annually. ment and extraneous material be The material previously referred to In order to provide for consideration by Ms. FOXX is as follows: placed in the record prior to the vote of this commonsense legislation, I urge on the previous question. my colleagues to vote ‘‘no’’ on the pre- AMENDMENT TO H. RES. 1721 OFFERED BY MS. The SPEAKER pro tempore. Is there OXX OF ORTH AROLINA vious question. F N C objection to the request of the gentle- I yield back the balance of my time. At the end of the resolution add the fol- woman from North Carolina? Mr. ARCURI. Madam Speaker, as I lowing new section: There was no objection. SEC. 3. Immediately upon the adoption of Ms. FOXX. Madam Speaker, I am said in my opening, this is the third this resolution the Speaker shall, pursuant going to urge my colleagues to vote time this year that the House has de- to clause 2(b) of rule XVIII, declare the ‘‘no’’ on the previous question so I can bated and considered this bill. Each of House resolved into the Committee of the amend the rule to allow all Members of the previous two times, a majority of Whole House on the state of the Union for Congress the opportunity to vote to members voted for the bill. consideration of the bill (H.R. 6417) to pro- hibit Federal funding of certain public radio cut spending. When the bill passed the House in July, the Republican motion to recom- programming, to provide for the transfer of Republicans recently launched the certain public radio funds to reduce the pub- YouCut initiative, which gives people mit was adopted on a bipartisan vote of 303–119. I know that some of my col- lic debt, and for other purposes. The first an opportunity to vote for Federal reading of the bill shall be dispensed with. spending they would like to see Con- leagues on the other side of the aisle All points of order against consideration of gress cut. Hundreds of thousands of are greatly upset that a number of the the bill are waived. General debate shall be Americans have cast their votes, and provisions that were adopted as part of confined to the bill and shall not exceed one this week they have directed their rep- the motion to recommit were removed hour equally divided and controlled by the resentatives in Congress to consider by the Senate. I understand your frus- Majority Leader and the Minority Leader or H.R. 5538, which is a bill that would tration. The number of worthy meas- their respective designees. After general de- bate the bill shall be considered for amend- prohibit Federal funding for the Cor- ures that this body has sent to the Sen- ate during this Congress is staggering. ment under the five-minute rule. During con- poration for Public Broadcasting, the sideration of the bill for amendment, the parent organization of National Public However, we must not let that frustra- Chairman of the Committee of the Whole Radio, after fiscal 2012. tion prevent us from sending this bill may accord priority in recognition on the According to the Republican Whip’s to the President, because the version of basis of whether the Member offering an YouCut Web site, National Public Ra- the bill in front of us today will ensure amendment has caused it to be printed in the dio’s recent decision to terminate com- that our government continues to func- portion of the Congressional Record des- mentator Juan Williams’ contract be- tion efficiently and effectively—even ignated for that purpose in clause 8 of rule cause of comments he expressed on an- during times of national emergency. XVIII. Amendments so printed shall be con- For this reason, I urge all members sidered as read. At the conclusion of consid- other station have brought newfound eration of the bill for amendment the Com- attention to NPR’s receipt of taxpayer to vote ‘‘yes,’’ to avoid the politics, mittee shall rise and report the bill to the funds. and get back to the governing that this House with such amendments as may have NPR receives taxpayer funding in Congress promised to do, vote ‘‘yes’’ on been adopted. The previous question shall be two different ways. First, they receive the previous question, vote ‘‘yes’’ on considered as ordered on the bill and amend- direct government grants from various the rule, and vote ‘‘yes’’ on the Senate ments thereto to final passage without inter- Federal agencies, including the Cor- amendment to H.R. 1722. vening motion except one motion to recom- poration for Public Broadcasting, the Mrs. LOWEY. Madam Speaker, this is a bla- mit with or without instructions. If the Department of Commerce, Department Committee of the Whole rises and reports tant attempt to politically interfere with the pro- that it has come to no resolution on the bill, of Education, and the National Endow- gramming decision-making of America’s public then on the next legislative day the House ment for the Arts. Over the past 2 radio stations. shall, immediately after the third daily years, this direct funding has totaled Efforts to deny funding to public broad- order of business under clause 1 of rule XIV, approximately $9 million. casting for political reasons are a violation of resolve into the Committee of the Whole for

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.019 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7559 further consideration of the bill. Clause 1(c) move the previous question on the res- Stark Tonko Watt of rule XIX shall not apply to the consider- olution. Stupak Towns Waxman ation of H.R. 6417. Sutton Tsongas Weiner The SPEAKER pro tempore. The Tanner Vela´ zquez Welch (The information contained herein was question is on ordering the previous Teague Visclosky Wilson (OH) question. Thompson (CA) Walz Woolsey provided by Democratic Minority on mul- Thompson (MS) Wasserman tiple occasions throughout the 109th Con- The question was taken; and the Wu Tierney Schultz Yarmuth gress.) Speaker pro tempore announced that Titus Watson THE VOTE ON THE PREVIOUS QUESTION: WHAT the ayes appeared to have it. NAYS—171 IT REALLY MEANS Ms. FOXX. Madam Speaker, on that I This vote, the vote on whether to order the Aderholt Giffords Myrick demand the yeas and nays. Adler (NJ) Gingrey (GA) Neugebauer previous question on a special rule, is not The yeas and nays were ordered. Akin Gohmert Nunes merely a procedural vote. A vote against or- The SPEAKER pro tempore. Pursu- Alexander Goodlatte Olson dering the previous question is a vote ant to clause 9 of rule XX, the Chair Austria Granger Paul against the Democratic majority agenda and Bachmann Graves (GA) Paulsen a vote to allow the opposition, at least for will reduce to 5 minutes the minimum Bachus Graves (MO) Pence the moment, to offer an alternative plan. It time for any electronic vote on the Bartlett Griffith Petri is a vote about what the House should be de- question of adoption. Barton (TX) Guthrie Pitts bating. The vote was taken by electronic de- Biggert Hall (TX) Platts Mr. Clarence Cannon’s Precedents of the Bilbray Harper Poe (TX) vice, and there were—yeas 239, nays Bilirakis Hastings (WA) House of Representatives, (VI, 308–311) de- Posey 171, not voting 23, as follows: Bishop (UT) Heller Price (GA) scribes the vote on the previous question on Blunt Hensarling the rule as ‘‘a motion to direct or control the [Roll No. 576] Putnam Boehner Herger Rehberg consideration of the subject before the House YEAS—239 Bonner Hoekstra Reichert Bono Mack Hunter being made by the Member in charge.’’ To Ackerman Garamendi Meeks (NY) Roe (TN) Boustany Issa defeat the previous question is to give the Altmire Gonzalez Melancon Rogers (AL) Brady (TX) Jenkins opposition a chance to decide the subject be- Andrews Gordon (TN) Michaud Rogers (KY) Broun (GA) Johnson (IL) Arcuri Grayson Miller (NC) Rogers (MI) fore the House. Cannon cites the Speaker’s Brown (SC) Johnson, Sam Baca Green, Al Miller, George Rohrabacher ruling of January 13, 1920, to the effect that Buchanan Jones Baird Green, Gene Minnick Rooney ‘‘the refusal of the House to sustain the de- Burgess Jordan (OH) Baldwin Grijalva Mitchell Ros-Lehtinen mand for the previous question passes the Burton (IN) King (IA) Barrow Gutierrez Mollohan Roskam control of the resolution to the opposition’’ Buyer King (NY) Bean Hall (NY) Moore (KS) Royce Calvert Kingston in order to offer an amendment. On March Becerra Halvorson Moore (WI) Ryan (WI) Camp Kline (MN) 15, 1909, a member of the majority party of- Berkley Hare Moran (VA) Campbell Lamborn Scalise fered a rule resolution. The House defeated Berman Harman Murphy (CT) Cantor Lance Schmidt Berry Hastings (FL) Murphy (NY) the previous question and a member of the Cao Latham Schock Bishop (GA) Heinrich Murphy, Patrick opposition rose to a parliamentary inquiry, Capito LaTourette Sensenbrenner Bishop (NY) Herseth Sandlin Nadler (NY) asking who was entitled to recognition. Carter Latta Sessions Blumenauer Higgins Napolitano Speaker Joseph G. Cannon (R–Illinois) said: Cassidy Lee (NY) Shadegg Boccieri Himes Neal (MA) Castle Lewis (CA) Shimkus ‘‘The previous question having been refused, Boren Hinchey Nye Chaffetz Linder Shuster the gentleman from New York, Mr. Fitz- Boswell Hinojosa Oberstar Coble LoBiondo Simpson gerald, who had asked the gentleman to Boyd Hirono Obey Coffman (CO) Lucas Smith (NE) yield to him for an amendment, is entitled to Brady (PA) Hodes Olver Cole Luetkemeyer Smith (NJ) Braley (IA) Holden Ortiz the first recognition.’’ Conaway Lummis Smith (TX) Brown, Corrine Holt Owens Because the vote today may look bad for Crenshaw Lungren, Daniel Stearns Butterfield Honda Pallone the Democratic majority they will say ‘‘the Culberson E. Stutzman Capps Inslee Pascrell vote on the previous question is simply a Dent Mack Sullivan Capuano Israel Pastor (AZ) vote on whether to proceed to an immediate Diaz-Balart, L. Manzullo Taylor Cardoza Jackson (IL) Payne Diaz-Balart, M. Marchant Terry vote on adopting the resolution [and] has no Carnahan Jackson Lee Perlmutter Djou McCarthy (CA) Thompson (PA) substantive legislative or policy implica- Carney (TX) Perriello Dreier McCaul Thornberry tions whatsoever.’’ But that is not what they Carson (IN) Johnson (GA) Peters Duncan McClintock Tiberi have always said. Listen to the definition of Castor (FL) Johnson, E. B. Peterson Ehlers McCotter Turner Chandler Kagen Pingree (ME) the previous question used in the Floor Pro- Emerson McHenry Upton Childers Kanjorski Polis (CO) cedures Manual published by the Rules Com- Flake McKeon Walden Chu Kaptur Pomeroy mittee in the 109th Congress, (page 56). Fleming McMorris Wamp Clarke Kennedy Price (NC) Here’s how the Rules Committee described Forbes Rodgers Westmoreland Cleaver Kildee Quigley Fortenberry Mica Whitfield the rule using information from Congres- Cohen Kilpatrick (MI) Rahall Foxx Miller (FL) Wilson (SC) sional Quarterly’s ‘‘American Congressional Connolly (VA) Kilroy Rangel Franks (AZ) Miller (MI) Wittman Dictionary’’: ‘‘If the previous question is de- Conyers Kind Reyes Frelinghuysen Miller, Gary Wolf Cooper Kirkpatrick (AZ) Richardson feated, control of debate shifts to the leading Garrett (NJ) Moran (KS) Young (AK) Costa Kissell Rodriguez opposition member (usually the minority Gerlach Murphy, Tim Young (FL) Floor Manager) who then manages an hour Costello Klein (FL) Ross of debate and may offer a germane amend- Courtney Kosmas Rothman (NJ) NOT VOTING—23 Critz Kratovil Roybal-Allard ment to the pending business.’’ Crowley Kucinich Ruppersberger Barrett (SC) Clyburn Hill Deschler’s Procedure in the U.S. House of Cuellar Langevin Rush Blackburn Davis (KY) Hoyer Representatives, the subchapter titled Cummings Larsen (WA) Ryan (OH) Boozman Davis (TN) Inglis ‘‘Amending Special Rules’’ states: ‘‘a refusal Dahlkemper Larson (CT) Salazar Boucher Delahunt Kirk to order the previous question on such a rule Davis (AL) Lee (CA) Sa´ nchez, Linda Bright Edwards (TX) Radanovich [a special rule reported from the Committee Davis (CA) Levin T. Brown-Waite, Fallin Tiahrt Davis (IL) Lewis (GA) Sanchez, Loretta Ginny Fattah Van Hollen on Rules] opens the resolution to amend- Clay Gallegly Waters ment and further debate.’’ (Chapter 21, sec- DeFazio Lipinski Sarbanes tion 21.2) Section 21.3 continues: ‘‘Upon re- DeGette Loebsack Schakowsky DeLauro Lofgren, Zoe Schauer jection of the motion for the previous ques- Deutch Lowey Schiff b 1144 tion on a resolution reported from the Com- Dicks Luja´ n Schrader Mr. SHUSTER changed his vote from mittee on Rules, control shifts to the Mem- Dingell Lynch Schwartz ber leading the opposition to the previous Doggett Maffei Scott (GA) ‘‘yea’’ to ‘‘nay.’’ question, who may offer a proper amendment Donnelly (IN) Maloney Scott (VA) Mr. COURTNEY and Ms. TSONGAS or motion and who controls the time for de- Doyle Markey (CO) Serrano changed their vote from ‘‘nay’’ to bate thereon.’’ Driehaus Markey (MA) Sestak ‘‘yea.’’ Clearly, the vote on the previous question Edwards (MD) Marshall Shea-Porter Ellison Matheson Sherman So the previous question was ordered. on a rule does have substantive policy impli- Ellsworth Matsui Shuler cations. It is one of the only available tools The result of the vote was announced Engel McCarthy (NY) Sires as above recorded. for those who oppose the Democratic major- Eshoo McCollum Skelton ity’s agenda and allows those with alter- Etheridge McDermott Slaughter The SPEAKER pro tempore. The native views the opportunity to offer an al- Farr McGovern Smith (WA) question is on the resolution. ternative plan. Filner McIntyre Snyder The question was taken; and the Foster McMahon Space Mr. ARCURI. Madam Speaker, I yield Frank (MA) McNerney Speier Speaker pro tempore announced that back the balance of my time, and I Fudge Meek (FL) Spratt the ayes appeared to have it.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.001 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7560 CONGRESSIONAL RECORD — HOUSE November 18, 2010 RECORDED VOTE Bartlett Graves (MO) Paul The SPEAKER pro tempore. The Barton (TX) Griffith Paulsen Clerk will designate the Senate amend- Ms. FOXX. Madam Speaker, I de- Biggert Guthrie Pence mand a recorded vote. Bilbray Hall (TX) Petri ment. A recorded vote was ordered. Bilirakis Harper Pitts The text of the Senate amendment is Bishop (UT) Hastings (WA) Platts as follows: The SPEAKER pro tempore. This is a Blackburn Heller Poe (TX) 5-minute vote. Blunt Hensarling Posey Strike all after the enacting clause and in- The vote was taken by electronic de- Boehner Herger Price (GA) sert the following: Bonner Hoekstra vice, and there were—ayes 235, noes 171, Putnam SECTION 1. SHORT TITLE. Bono Mack Hunter Rehberg This Act may be cited as the ‘‘Telework not voting 27, as follows: Boustany Issa Reichert Enhancement Act of 2010’’. Brady (TX) Jenkins Roe (TN) [Roll No. 577] SEC. 2. TELEWORK. Broun (GA) Johnson (IL) Rogers (AL) AYES—235 Brown (SC) Johnson, Sam Rogers (KY) (a) IN GENERAL.—Part III of title 5, United Buchanan Jones Ackerman Green, Gene Nye Rogers (MI) States Code, is amended by inserting after Burgess Jordan (OH) Adler (NJ) Grijalva Oberstar Rohrabacher chapter 63 the following: Burton (IN) King (IA) Altmire Gutierrez Obey Rooney Buyer King (NY) ‘‘CHAPTER 65—TELEWORK Andrews Hall (NY) Olver Ros-Lehtinen Calvert Kingston Arcuri Halvorson Roskam ‘‘Sec. Ortiz Camp Kline (MN) Baca Hare Royce ‘‘6501. Definitions. Owens Campbell Lamborn Baird Harman Ryan (WI) ‘‘6502. Executive agencies telework require- Pallone Cantor Lance Baldwin Hastings (FL) Scalise ment. Pascrell Cao Latham Barrow Heinrich Schmidt ‘‘6503. Training and monitoring. Pastor (AZ) Capito LaTourette Bean Herseth Sandlin Payne Carter Latta Schock ‘‘6504. Policy and support. Becerra Higgins Perriello Cassidy Lee (NY) Sensenbrenner ‘‘6505. Telework Managing Officer. Berkley Himes Peters Castle Lewis (CA) Sessions ‘‘6506. Reports. Berman Hinchey Peterson Chaffetz Linder Shadegg Berry Hinojosa ‘‘§ 6501. Definitions Pingree (ME) Coffman (CO) LoBiondo Shimkus Bishop (GA) Hirono Polis (CO) Cole Lucas Shuler ‘‘In this chapter: Bishop (NY) Hodes Pomeroy Conaway Luetkemeyer Shuster ‘‘(1) EMPLOYEE.—The term ‘employee’ has Blumenauer Holden Price (NC) Crenshaw Lummis Simpson the meaning given that term under section Boccieri Holt Quigley Culberson Lungren, Daniel Smith (NE) Boren Honda 2105. Rahall Dent E. Smith (NJ) Boswell Inslee ‘‘(2) EXECUTIVE AGENCY.—Except as pro- Rangel Diaz-Balart, L. Mack Smith (TX) Boyd Israel vided in section 6506, the term ‘executive Diaz-Balart, M. Manzullo Stearns Brady (PA) Jackson (IL) Reyes agency’ has the meaning given that term Dreier Marchant Stutzman Braley (IA) Jackson Lee Richardson Duncan McCarthy (CA) Sullivan under section 105. Brown, Corrine (TX) Rodriguez Ehlers McCaul Taylor ‘‘(3) TELEWORK.—The term ‘telework’ or Butterfield Johnson (GA) Ross Emerson McClintock Terry ‘teleworking’ refers to a work flexibility ar- Capps Johnson, E. B. Rothman (NJ) Flake McCotter Thompson (PA) Capuano Kagen Roybal-Allard rangement under which an employee per- Fleming McHenry Thornberry Cardoza Kanjorski Ruppersberger forms the duties and responsibilities of such Forbes McKeon Tiberi Carnahan Kaptur Rush employee’s position, and other authorized Fortenberry McMorris Turner Carney Kennedy Ryan (OH) activities, from an approved worksite other Foxx Rodgers Upton Carson (IN) Kildee Salazar Franks (AZ) Mica Walden than the location from which the employee Castor (FL) Kilpatrick (MI) Sa´ nchez, Linda Frelinghuysen Miller (FL) Wamp would otherwise work. Chandler Kilroy T. Garrett (NJ) Miller (MI) Westmoreland Childers Kind Sanchez, Loretta ‘‘§ 6502. Executive agencies telework require- Gerlach Miller, Gary Whitfield Chu Kirkpatrick (AZ) Sarbanes ment Giffords Moran (KS) Wilson (SC) Clarke Kissell Schakowsky Gingrey (GA) Murphy, Tim Wittman ‘‘(a) TELEWORK ELIGIBILITY.— Cleaver Klein (FL) Schauer Gohmert Myrick Wolf ‘‘(1) IN GENERAL.—Not later than 180 days Cohen Kosmas Schiff Goodlatte Neugebauer Wu after the date of enactment of this chapter, Connolly (VA) Kratovil Schrader Granger Nunes Young (AK) Conyers Kucinich Schwartz the head of each executive agency shall— Graves (GA) Olson Young (FL) Cooper Langevin Scott (GA) ‘‘(A) establish a policy under which eligible Costa Larsen (WA) Scott (VA) NOT VOTING—27 employees of the agency may be authorized Costello Larson (CT) Serrano to telework; Barrett (SC) Davis (TN) McNerney Courtney Lee (CA) Sestak ‘‘(B) determine the eligibility for all em- Boozman Delahunt Murphy, Patrick Critz Levin Shea-Porter Boucher Fallin Nadler (NY) ployees of the agency to participate in Crowley Lewis (GA) Sherman Cuellar Lipinski Bright Fattah Perlmutter telework; and Sires Brown-Waite, Gallegly ‘‘(C) notify all employees of the agency of Cummings Loebsack Skelton Radanovich Dahlkemper Lofgren, Zoe Ginny Hill Tiahrt their eligibility to telework. Slaughter Clay Hoyer Davis (AL) Lowey Smith (WA) Van Hollen ‘‘(2) LIMITATION.—An employee may not Davis (CA) Luja´ n Clyburn Inglis Waters telework under a policy established under Snyder Coble Kirk Davis (IL) Lynch Space this section if— DeFazio Maffei Davis (KY) Markey (MA) Speier ‘‘(A) the employee has been officially dis- DeGette Maloney Spratt DeLauro Markey (CO) ciplined for being absent without permission Stark b (1152) Deutch Marshall for more than 5 days in any calendar year; or Stupak Dicks Matheson So the resolution was agreed to. ‘‘(B) the employee has been officially dis- Sutton Dingell Matsui ciplined for violations of subpart G of the Tanner The result of the vote was announced Djou McCarthy (NY) Standards of Ethical Conduct for Employees Doggett McCollum Teague as above recorded. Thompson (CA) A motion to reconsider was laid on of the Executive Branch for viewing, Donnelly (IN) McDermott downloading, or exchanging pornography, in- Doyle McGovern Thompson (MS) the table. Driehaus McIntyre Tierney cluding child pornography, on a Federal Gov- Titus ernment computer or while performing offi- Edwards (MD) McMahon f Edwards (TX) Meek (FL) Tonko cial Federal Government duties. Ellison Meeks (NY) Towns ‘‘(b) PARTICIPATION.—The policy described Ellsworth Melancon Tsongas TELEWORK ENHANCEMENT ACT OF under subsection (a) shall— Engel Michaud Vela´ zquez 2010 ‘‘(1) ensure that telework does not dimin- Eshoo Miller (NC) Visclosky ish employee performance or agency oper- Walz Etheridge Miller, George Mr. LYNCH. Madam Speaker, pursu- ations; Farr Minnick Wasserman ant to House Resolution 1721, I call up Filner Mitchell Schultz ‘‘(2) require a written agreement that— Foster Mollohan Watson the bill (H.R. 1722) to improve tele- ‘‘(A) is entered into between an agency Frank (MA) Moore (KS) Watt working in executive agencies by de- manager and an employee authorized to Fudge Moore (WI) Waxman veloping a telework program that al- telework, that outlines the specific work ar- Garamendi Moran (VA) Weiner lows employees to telework at least 20 rangement that is agreed to; and Gonzalez Murphy (CT) Welch ‘‘(B) is mandatory in order for any em- Wilson (OH) percent of the hours worked in every 2 Gordon (TN) Murphy (NY) ployee to participate in telework; Grayson Napolitano Woolsey administrative workweeks, and for Green, Al Neal (MA) Yarmuth ‘‘(3) provide that an employee may not be other purposes, with the Senate authorized to telework if the performance of NOES—171 amendment thereto, and I have a mo- that employee does not comply with the Aderholt Alexander Bachmann tion at the desk. terms of the written agreement between the Akin Austria Bachus The Clerk read the title of the bill. agency manager and that employee;

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‘‘(4) except in emergency situations as de- tion with the Department of Homeland Secu- ‘‘(c) STATUS WITHIN AGENCY.—The termined by the head of an agency, not apply rity and the National Institute of Standards Telework Managing Officer of an agency to any employee of the agency whose official and Technology, shall issue guidelines not shall be a senior official of the agency who duties require on a daily basis (every work later than 180 days after the date of the en- has direct access to the head of the agency. day)— actment of this chapter to ensure the ade- ‘‘(d) RULE OF CONSTRUCTION REGARDING ‘‘(A) direct handling of secure materials quacy of information and security protec- STATUS OF TELEWORK MANAGING OFFICER.— determined to be inappropriate for telework tions for information and information sys- Nothing in this section shall be construed to by the agency head; or tems used while teleworking. prohibit an individual who holds another of- ‘‘(B) on-site activity that cannot be han- ‘‘(2) CONTENTS.—Guidelines issued under fice or position in an agency from serving as dled remotely or at an alternate worksite; this subsection shall, at a minimum, include the Telework Managing Officer for the agen- and requirements necessary to— cy under this chapter. ‘‘(5) be incorporated as part of the con- ‘‘(A) control access to agency information ‘‘§ 6506. Reports tinuity of operations plans of the agency in and information systems; ‘‘(a) DEFINITION.—In this section, the term the event of an emergency. ‘‘(B) protect agency information (including ‘executive agency’ shall not include the Gov- ‘‘§ 6503. Training and monitoring personally identifiable information) and in- ernment Accountability Office. formation systems; ‘‘(b) REPORTS BY THE OFFICE OF PERSONNEL ‘‘(a) IN GENERAL.—The head of each execu- ‘‘(C) limit the introduction of MANAGEMENT.— tive agency shall ensure that— vulnerabilities; ‘‘(1) SUBMISSION OF REPORTS.—Not later ‘‘(1) an interactive telework training pro- ‘‘(D) protect information systems not than 18 months after the date of enactment gram is provided to— under the control of the agency that are used of this chapter and on an annual basis there- ‘‘(A) employees eligible to participate in for teleworking; after, the Director of the Office of Personnel the telework program of the agency; and ‘‘(E) safeguard wireless and other tele- Management, in consultation with Chief ‘‘(B) all managers of teleworkers; communications capabilities that are used Human Capital Officers Council, shall— ‘‘(2) except as provided under subsection for teleworking; and ‘‘(A) submit a report addressing the (b), an employee has successfully completed ‘‘(F) prevent inappropriate use of official telework programs of each executive agency the interactive telework training program time or resources that violates subpart G of to— before that employee enters into a written the Standards of Ethical Conduct for Em- ‘‘(i) the Committee on Homeland Security agreement to telework described under sec- ployees of the Executive Branch by viewing, and Governmental Affairs of the Senate; and tion 6502(b)(2); downloading, or exchanging pornography, in- ‘‘(ii) the Committee on Oversight and Gov- ‘‘(3) teleworkers and nonteleworkers are cluding child pornography. ernment Reform of the House of Representa- treated the same for purposes of— ‘‘(d) CONTINUITY OF OPERATIONS PLANS.— tives; and ‘‘(A) periodic appraisals of job performance ‘‘(1) INCORPORATION INTO CONTINUITY OF OP- ‘‘(B) transmit a copy of the report to the of employees; ERATIONS PLANS.—Each executive agency Comptroller General and the Office of Man- ‘‘(B) training, rewarding, reassigning, pro- shall incorporate telework into the con- agement and Budget. moting, reducing in grade, retaining, and re- tinuity of operations plan of that agency. ‘‘(2) CONTENTS.—Each report submitted moving employees; ‘‘(2) CONTINUITY OF OPERATIONS PLANS SU- under this subsection shall include— ‘‘(C) work requirements; or PERSEDE TELEWORK POLICY.—During any pe- ‘‘(A) the degree of participation by employ- ‘‘(D) other acts involving managerial dis- riod that an executive agency is operating ees of each executive agency in teleworking cretion; and under a continuity of operations plan, that during the period covered by the report (and ‘‘(4) when determining what constitutes di- plan shall supersede any telework policy. for each executive agency whose head is re- minished employee performance, the agency ‘‘(e) TELEWORK WEBSITE.—The Office of ferred to under section 5312, the degree of shall consult the performance management Personnel Management shall— participation in each bureau, division, or guidelines of the Office of Personnel Manage- ‘‘(1) maintain a central telework website; other major administrative unit of that ment. and agency), including— ‘‘(b) TRAINING REQUIREMENT EXEMPTIONS.— ‘‘(2) include on that website related— ‘‘(i) the total number of employees in the The head of an executive agency may provide ‘‘(A) telework links; agency; for an exemption from the training require- ‘‘(B) announcements; ‘‘(ii) the number and percent of employees ments under subsection (a), if the head of ‘‘(C) guidance developed by the Office of in the agency who are eligible to telework; that agency determines that the training Personnel Management; and and would be unnecessary because the employee ‘‘(D) guidance submitted by the Federal ‘‘(iii) the number and percent of eligible is already teleworking under a work arrange- Emergency Management Agency, and the employees in the agency who are tele- ment in effect before the date of enactment General Services Administration to the Of- working— of this chapter. fice of Personnel Management not later than ‘‘(I) 3 or more days per pay period; ‘‘§ 6504. Policy and support 10 business days after the date of submission. ‘‘(II) 1 or 2 days per pay period; ‘‘(a) AGENCY CONSULTATION WITH THE OF- ‘‘(f) POLICY GUIDANCE ON PURCHASING COM- ‘‘(III) once per month; and FICE OF PERSONNEL MANAGEMENT.—Each ex- PUTER SYSTEMS.—Not later than 120 days ‘‘(IV) on an occasional, episodic, or short- ecutive agency shall consult with the Office after the date of the enactment of this chap- term basis; of Personnel Management in developing ter, the Director of the Office of Manage- ‘‘(B) the method for gathering telework telework policies. ment and Budget shall issue policy guidance data in each agency; ‘‘(b) GUIDANCE AND CONSULTATION.—The Of- requiring each executive agency when pur- ‘‘(C) if the total number of employees tele- fice of Personnel Management shall— chasing computer systems, to purchase com- working is 10 percent higher or lower than ‘‘(1) provide policy and policy guidance for puter systems that enable and support the previous year in any agency, the reasons telework in the areas of pay and leave, agen- telework, unless the head of the agency de- for the positive or negative variation; cy closure, performance management, offi- termines that there is a mission-specific rea- ‘‘(D) the agency goal for increasing partici- cial worksite, recruitment and retention, son not to do so. pation to the extent practicable or necessary and accommodations for employees with dis- ‘‘§ 6505. Telework Managing Officer for the next reporting period, as indicated by abilities; ‘‘(a) DESIGNATION.—The head of each execu- the percent of eligible employees tele- ‘‘(2) assist each agency in establishing ap- tive agency shall designate an employee of working in each frequency category de- propriate qualitative and quantitative meas- the agency as the Telework Managing Offi- scribed under subparagraph (A)(iii); ures and teleworking goals; and cer. The Telework Managing Officer shall be ‘‘(E) an explanation of whether or not the ‘‘(3) consult with— established within the Office of the Chief agency met the goals for the last reporting ‘‘(A) the Federal Emergency Management Human Capital Officer or a comparable office period and, if not, what actions are being Agency on policy and policy guidance for with similar functions. taken to identify and eliminate barriers to telework in the areas of continuation of op- ‘‘(b) DUTIES.—The Telework Managing Offi- maximizing telework opportunities for the erations and long-term emergencies; cer shall— next reporting period; ‘‘(B) the General Services Administration ‘‘(1) be devoted to policy development and ‘‘(F) an assessment of the progress each on policy and policy guidance for telework in implementation related to agency telework agency has made in meeting agency partici- the areas of telework centers, travel, tech- programs; pation rate goals during the reporting pe- nology, equipment, and dependent care; and ‘‘(2) serve as— riod, and other agency goals relating to ‘‘(C) the National Archives and Records ‘‘(A) an advisor for agency leadership, in- telework, such as the impact of telework Administration on policy and policy guid- cluding the Chief Human Capital Officer; on— ance for telework in the areas of efficient ‘‘(B) a resource for managers and employ- ‘‘(i) emergency readiness; and effective records management and the ees; and ‘‘(ii) energy use; preservation of records, including Presi- ‘‘(C) a primary agency point of contact for ‘‘(iii) recruitment and retention; dential and Vice-Presidential records. the Office of Personnel Management on ‘‘(iv) performance; ‘‘(c) SECURITY GUIDELINES.— telework matters; and ‘‘(v) productivity; and ‘‘(1) IN GENERAL.—The Director of the Of- ‘‘(3) perform other duties as the applicable ‘‘(vi) employee attitudes and opinions re- fice of Management and Budget, in coordina- delegating authority may assign. garding telework; and

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.013 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7562 CONGRESSIONAL RECORD — HOUSE November 18, 2010 ‘‘(G) the best practices in agency telework 2006 (Public Law 109–108; 119 Stat. 2340) is ‘‘(B) the Committee on Oversight and Gov- programs. amended by striking ‘‘maintain a ‘Telework ernment Reform of the House of Representa- ‘‘(c) COMPTROLLER GENERAL REPORTS.— Coordinator’ to be’’ and inserting ‘‘maintain tives; ‘‘(1) REPORT ON GOVERNMENT ACCOUNT- a Telework Managing Officer to be’’. ‘‘(C) the Committee on the Judiciary of the ABILITY OFFICE TELEWORK PROGRAM.— SEC. 3. AUTHORITY FOR TELEWORK TRAVEL EX- Senate; and ‘‘(A) IN GENERAL.—Not later than 18 PENSES TEST PROGRAMS. ‘‘(D) the Committee on the Judiciary of months after the date of enactment of this (a) IN GENERAL.—Chapter 57 of title 5, the House of Representatives. chapter and on an annual basis thereafter, United States Code, is amended by inserting ‘‘(2) The Patent and Trademark Office the Comptroller General shall submit a re- after section 5710 the following: shall conduct a test program under this sec- port addressing the telework program of the ‘‘§ 5711. Authority for telework travel ex- tion, including the provision of reports in ac- Government Accountability Office to— penses test programs cordance with subsection (d)(1). ‘‘(i) the Committee on Homeland Security ‘‘(a) Except as provided under subsection ‘‘(3) In conducting the program under this and Governmental Affairs of the Senate; and (f)(1), in this section, the term ‘appropriate subsection, the Patent and Trademark Office ‘‘(ii) the Committee on Oversight and Gov- committees of Congress’ means— may pay any travel expenses of an employee ernment Reform of the House of Representa- ‘‘(1) the Committee on Homeland Security for travel to and from a Patent and Trade- tives. and Governmental Affairs of the Senate; and mark Office worksite or provide an employee ‘‘(B) CONTENTS.—Each report submitted by ‘‘(2) the Committee on Oversight and Gov- with the option to waive any payment au- the Comptroller General shall include the ernment Reform of the House of Representa- thorized or required under this subchapter, same information as required under sub- tives. if— section (b) applicable to the Government Ac- ‘‘(b)(1) Notwithstanding any other provi- ‘‘(A) the employee is employed at a Patent countability Office. sion of this subchapter, under a test program and Trademark Office worksite and enters ‘‘(2) REPORT TO CONGRESS ON OFFICE OF PER- which the Administrator of General Services into an approved telework arrangement; SONNEL MANAGEMENT REPORT.—Not later determines to be in the interest of the Gov- ‘‘(B) the employee requests to telework than 6 months after the submission of the ernment and approves, an employing agency from a location beyond the local commuting first report to Congress required under sub- may pay through the proper disbursing offi- area of the Patent and Trademark Office section (b), the Comptroller General shall re- cial any necessary travel expenses in lieu of worksite; and view that report required under subsection any payment otherwise authorized or re- ‘‘(C) the Patent and Trademark Office ap- (b) and submit a report to Congress on the quired under this subchapter for employees proves the requested arrangement for rea- progress each executive agency has made to- participating in a telework program. Under sons of employee convenience instead of an wards the goals established under section an approved test program, an agency may agency need for the employee to relocate in 6504(b)(2). provide an employee with the option to order to perform duties specific to the new ‘‘(d) CHIEF HUMAN CAPITAL OFFICER RE- waive any payment authorized or required location. PORTS.— under this subchapter. An agency shall in- ‘‘(4)(A) The Patent and Trademark Office ‘‘(1) IN GENERAL.—Each year the Chief clude in any request to the Administrator shall establish an oversight committee com- Human Capital Officer of each executive for approval of such a test program an anal- prising an equal number of members rep- agency, in consultation with the Telework ysis of the expected costs and benefits and a resenting management and labor, including Managing Officer of that agency, shall sub- set of criteria for evaluating the effective- representatives from each collective bar- mit a report to the Chair and Vice Chair of ness of the program. gaining unit. the Chief Human Capital Officers Council on ‘‘(2) Any test program conducted under ‘‘(B) The oversight committee shall de- agency management efforts to promote this section shall be designed to enhance velop the operating procedures for the pro- telework. cost savings or other efficiencies that accrue gram under this subsection to— ‘‘(2) REVIEW AND INCLUSION OF RELEVANT IN- to the Government. ‘‘(i) provide for the effective and appro- FORMATION.—The Chair and Vice Chair of the ‘‘(3) Under any test program, if an agency priate functioning of the program; and Chief Human Capital Officers Council shall— employee voluntarily relocates from the pre- ‘‘(ii) ensure that— ‘‘(A) review the reports submitted under existing duty station of that employee, the ‘‘(I) reasonable technological or other al- paragraph (1); Administrator may authorize the employing ternatives to employee travel are used before ‘‘(B) include relevant information from the agency to establish a reasonable maximum requiring employee travel, including tele- submitted reports in the annual report to number of occasional visits to the pre-exist- conferencing, videoconferencing or internet- Congress required under subsection (b); and ing duty station before that employee is eli- based technologies; ‘‘(C) use that relevant information for gible for payment of any accrued travel ex- ‘‘(II) the program is applied consistently other purposes related to the strategic man- penses by that agency. and equitably throughout the Patent and agement of human capital.’’. ‘‘(4) Nothing in this section is intended to Trademark Office; and (b) TECHNICAL AND CONFORMING AMEND- limit the authority of any agency to conduct ‘‘(III) an optimal operating standard is de- MENTS.— test programs. veloped and implemented for maximizing the (1) TABLE OF CHAPTERS.—The table of chap- ‘‘(c) The Administrator shall transmit a use of the telework arrangement described ters for part III of title 5, United States copy of any test program approved by the under paragraph (2) while minimizing agency Code, is amended by inserting after the item Administrator under this section, and the ra- travel expenses and employee travel require- relating to chapter 63 the following: tionale for approval, to the appropriate com- ments. mittees of Congress at least 30 days before 65. Telework ...... 6501 ‘‘(5)(A) The test program under this sub- (2) TELEWORK COORDINATORS.— the effective date of the program. ‘‘(d)(1) An agency authorized to conduct a section shall be designed to enhance cost (A) APPROPRIATIONS ACT, 2003.—Section 623 test program under subsection (b) shall pro- savings or other efficiencies that accrue to of the Departments of Commerce, Justice, vide to the Administrator, the Telework the Government. and State, the Judiciary, and Related Agen- Managing Officer of that agency, and the ap- ‘‘(B) The Director of the Patent and Trade- cies Appropriations Act, 2003 (Public Law propriate committees of Congress a report on mark Office shall— 108–7; 117 Stat. 103) is amended by striking the results of the program not later than 3 ‘‘(i) prepare an analysis of the expected ‘‘designate a ‘Telework Coordinator’ to be’’ months after completion of the program. costs and benefits and a set of criteria for and inserting ‘‘designate a Telework Man- ‘‘(2) The results in a report described under evaluating the effectiveness of the program; aging Officer to be’’. paragraph (1) may include— and (B) APPROPRIATIONS ACT, 2004.—Section 627 ‘‘(A) the number of visits an employee ‘‘(ii) before the test program is imple- of the Departments of Commerce, Justice, makes to the pre-existing duty station of mented, submit the analysis and criteria to and State, the Judiciary, and Related Agen- that employee; the Administrator of General Services and to cies Appropriations Act, 2004 (Public Law ‘‘(B) the travel expenses paid by the agen- the appropriate committees of Congress. 108–199; 118 Stat. 99) is amended by striking cy; ‘‘(C) With respect to an employee of the ‘‘designate a ‘Telework Coordinator’ to be’’ ‘‘(C) the travel expenses paid by the em- Patent and Trademark Office who volun- and inserting ‘‘designate a Telework Man- ployee; or tarily relocates from the pre-existing duty aging Officer to be’’. ‘‘(D) any other information the agency de- station of that employee, the operating pro- (C) APPROPRIATIONS ACT, 2005.—Section 622 termines useful to aid the Administrator, cedures of the program may include a rea- of the Departments of Commerce, Justice, Telework Managing Officer, and Congress in sonable maximum number of occasional vis- and State, the Judiciary, and Related Agen- understanding the test program and the im- its to the pre-existing duty station before cies Appropriations Act, 2005 (Public Law pact of the program. that employee is eligible for payment of any 108–447; 118 Stat. 2919) is amended by striking ‘‘(e) No more than 10 test programs under accrued travel expenses by the Office. ‘‘designate a ‘Telework Coordinator’ to be’’ this section may be conducted simulta- ‘‘(g) The authority to conduct test pro- and inserting ‘‘designate a Telework Man- neously. grams under this section shall expire 7 years aging Officer to be’’. ‘‘(f)(1) In this subsection, the term ‘appro- after the date of the enactment of the (D) APPROPRIATIONS ACT, 2006.—Section 617 priate committee of Congress’ means— Telework Enhancement Act of 2010.’’. of the Science, State, Justice, Commerce, ‘‘(A) the Committee on Homeland Security (b) TECHNICAL AND CONFORMING AMEND- and Related Agencies Appropriations Act, and Governmental Affairs of the Senate; MENT.—The table of sections for chapter 57 of

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.013 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7563 title 5, United States Code, is amended by in- executive branch, as well as for govern- of crisis when access to office buildings serting after the item relating to section 5710 ment employees within the Govern- might be impossible. the following: ment Accountability Office. A less distressing, but by no means ‘‘5711. Authority for telework travel expenses The cost-saving measure before us less critical, role for the telework pro- test programs.’’. today was introduced by Congressman gram is to assist agencies in carrying SEC. 4. TELEWORK RESEARCH. JOHN SARBANES of Maryland, along out their missions during difficult (a) RESEARCH BY OPM ON TELEWORK.—The with myself and Representatives weather conditions. Office of Personnel Director of the Office of Personnel Manage- FRANK WOLF, GERRY CONNOLLY, JIM ment shall— Management Director John Berry esti- (1) research the utilization of telework by MORAN, DUTCH RUPPERSBERGER, and mates that the use of telework reduced public and private sector entities that iden- DANNY DAVIS back in March of 2009. the estimated cost of lost productivity tify best practices and recommendations for This is the third time this good govern- during the 2009 snowstorms here in the the Federal Government; ance bill has been debated on the House Nation’s capital by approximately $30 (2) review the outcomes associated with an floor. million per day. increase in telework, including the effects of This past July, the House considered b 1200 telework on energy consumption, job cre- and passed this legislation which sub- ation and availability, urban transportation sequently was amended and passed by According to the Congressional Budg- patterns, and the ability to anticipate the unanimous consent by our Senate et Office, the legislation before us is dispersal of work during periods of emer- PAYGO-neutral, meaning there is no gency; and counterparts in September. I would (3) make any studies or reviews performed like to take a moment to thank Chair- mandatory spending in this bill. The under this subsection available to the public. man AKAKA and Senator VOINOVICH on Congressional Budget Office does, how- (b) USE OF CONTRACT TO CARRY OUT RE- this legislation and to acknowledge ever, estimate that approximately $28 SEARCH.—The Director of the Office of Per- Senator VOINOVICH’s dedication to and million will be needed over 5 years to sonnel Management may carry out sub- respect for Federal employees. The implement the requirement in the bill. section (a) under a contract entered into by Senator will be missed greatly by the However, it is unlikely that any addi- the Director using competitive procedures Federal community. tional appropriations will be necessary under section 303 of the Federal Property because Federal agencies can reason- and Administrative Services Act of 1949 (41 Madam Speaker, despite the evolving U.S.C. 253). nature of the way the Federal Govern- ably implement the bill’s requirements (c) USE OF OTHER FEDERAL AGENCIES.—The ment conducts its affairs, telework, from existing budgets. heads of Federal agencies with relevant ju- which allows an employee to regularly While you may hear from colleagues risdiction over the subject matters in sub- perform work in a remote location, on the other side of the aisle that this section (a)(2) shall work cooperatively with continues to be woefully underutilized telework is a costly and unnecessary the Director of the Office of Personnel Man- by Federal agencies. Private and public legislative mandate, I must point out agement to carry out that subsection, if the sector employers that offer telework that the Congressional Budget Office Director determines that coordination is estimate they are relying on looks only necessary to fulfill obligations under that consistently experience increased pro- subsection. ductivity and retention rates, thereby at the implementation costs and not at lowering an employer’s operating the bill’s potential cost savings. A clos- MOTION TO CONCUR costs. er look at the potential benefits of in- The SPEAKER pro tempore. The More specifically, independent re- creased telework will reveal that H.R. Clerk will report the motion. search states that increased use of 1722 actually saves the government The Clerk read as follows: telework saves employers money by re- money down the road, which has also Mr. Lynch moves that the House concur in ducing the amount of needed office been the case among telework-embrac- the Senate amendment to H.R. 1722. space, parking facilities, and building ing private sector companies such as The SPEAKER pro tempore. Pursu- maintenance fees and utilities. Given IBM, which, for example, reports that ant to House Resolution 1721, the mo- that the Federal Government owns or it saves $56 million a year in reduced tion shall be debatable for 1 hour leases over 8,600 individual buildings office space costs by permitting its em- equally divided and controlled by the and spends upwards of $500 billion as a ployees to telework. chair and ranking member of the Com- landlord annually, this legislation will In fact, we only have to look at the mittee on Oversight and Government translate into real-world savings in the Patent and Trademark Office to see Reform. near future. such advantages within government. The gentleman from Massachusetts Successful Federal telework pro- The Patent and Trademark Office, (Mr. LYNCH) and the gentleman from grams such as those used by the Gen- which has been an agency leader in California (Mr. ISSA) each will control eral Services Administration and the telework efforts, reports that it was 30 minutes. Defense Information Systems Agency able to consolidate nearly 50,000 square The Chair recognizes the gentleman show how telework enhances an agen- feet of space, thereby avoiding $1.5 mil- from Massachusetts. cy’s customer’s service offering for our lion in rent per year through greater GENERAL LEAVE citizens while at the same time achiev- use of telework. Additionally, the Mr. LYNCH. Madam Speaker, I ask ing greater cost efficiencies and low- agency avoided securing $11 million in unanimous consent that all Members ering taxpayer costs. additional office space as a direct re- may have 5 legislative days within H.R. 1722 provides for increased num- sult of the agency’s telework hoteling which to revise and extend their re- bers of Federal employees to partici- programs. Private-sector companies marks and add any extraneous mate- pate in telework programs by requiring are seeing similar benefits from in- rial. agencies to develop comprehensive creased telework. We can expect many The SPEAKER pro tempore. Is there telework policies within 1 year for au- other government agencies to begin to objection to the request of the gen- thorized employees and by directing reap the benefits of lower overhead tleman from Massachusetts? the Office of Personnel Management to costs because of this bill. There was no objection. develop regulations on overall Telework also leads to greater work- Mr. LYNCH. I now yield myself such telework policies and to annually er productivity. Greater productivity time as I may consume. evaluate and report on agency in the Federal workforce provides an Madam Speaker, as chairman of the telework programs. important benefit to the taxpayer. For House subcommittee with jurisdiction H.R. 1722 also seeks to elevate the example, the Patent and Trademark over the Federal workforce, Postal importance of incorporating telework Office also reports that increased utili- Service, and District of Columbia, I into the community of operations plan- zation of telework has reduced the rise in support of H.R. 1722, the ning of agencies in order to ensure that amount of sick leave taken by its em- Telework Enhancement Act of 2010. I they are better prepared to maintain ployees and increased worker reten- am pleased to offer for consideration essential operations during emer- tion. As we have seen, the government this bipartisan legislation which seeks gencies. I am confident all of my col- can benefit from this bill by lowering to improve and expand the access to leagues appreciate the need for agen- overhead costs and increasing worker telework for Federal employees in the cies to be able to operate during a time productivity. This is a win-win for the

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.013 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7564 CONGRESSIONAL RECORD — HOUSE November 18, 2010 taxpayer. When we take a common- Furthermore, Madam Speaker, a pro- on this issue for two decades, and he sense approach to our cost-savings ef- vision that would prohibit Federal em- has been a tremendous advocate for forts, it is easy to see that the poten- ployees with seriously delinquent tax telework, and I appreciate all of his tial to save tens of millions of dollars debts from teleworking was removed. A support and collaboration as we de- every year in increased productivity third item required employees of the velop these ideas going forward. and lower overhead is an excellent re- Executive Office of the President to I was listening to the end of that turn on an initial investment of $28 copy their official e-mail accounts on statement that was just made, calling million over 5 years. any business communications that are for efficiency and effectiveness in gov- Lastly, this past summer, our com- made on personal e-mail and social ernment, ways to address the bureauc- mittee worked in a bipartisan fashion media accounts. This would ensure racy and so forth. I can’t think of a with Mr. ISSA and with the Senate on that Federal employees are actually piece of legislation that does more to amending this bill. While the bill be- working instead of socializing on offi- meet those objectives than this does. It fore us looks somewhat different from cial time. Unfortunately, this require- creates a nimbleness on the part of the what was previously agreed to in the ment is now gone. Finally, Madam Federal Government with respect to House, I would like to note that the Speaker, I am most disappointed that how the workforce operates. And if you Federal employees who have been dis- the provision included in the House- look at the goals that it seeks to pro- ciplined for being absent at work or for passed version of H.R. 1722, that would mote, they all make perfect sense. viewing, downloading, or exchanging have prohibited Federal employees They are common sense. First of all, pornography on a government com- from engaging in union recruiting or the benefits include that you can im- puter while performing official duties collective bargaining activities while prove productivity among the work- will not be allowed to telework. teleworking on official, taxpayer-fund- force. All the studies show that morale I urge my colleagues on both sides of ed time, has been removed by the Sen- goes up, productivity goes up. The U.S. the aisle to vote in favor of H.R. 1722, ate Democrats. OPM reported that in Patent and Trademark Office, as it was the Telework Improvements Act. This fiscal year 2008 alone, nearly 3 million referenced, can demonstrate huge in- legislation is aimed at ensuring Fed- official time hours were used in collec- creases in productivity among the eral agencies are able to operate 24/7, tive bargaining or arbitration of griev- workforce. So that is a benefit. It in- as the public expects a 21st century ances against an employer. It equates creases competitiveness. When the employer to act, and to do so more to over $120 million of tax money spent Federal Government goes into the mar- cheaply. A vote in favor of this bill is on union activities, Madam Speaker. ketplace, goes into the workplace to a vote for the future. That’s irresponsible to use these dol- try to recruit good people, its ability With that, I reserve the balance of lars for nonrelated official duties while to show that the telework opportunity my time. on official time. is there is something that makes it Mr. ISSA. Madam Speaker, in the in- Madam Speaker, the motion to re- more competitive in getting the best terest of fairness to one of our Mem- commit was necessary to save precious quality people to become part of our bers who has been very engaged in this tax dollars and ensure the integrity of Federal Government. issue, I would like to yield 3 minutes to the Federal workforce. How will we ob- When it comes to continuing oper- the gentleman from Georgia (Mr. tain the trust of the American people ations in some kind of a crisis situa- GINGREY). who are struggling every day in this tion, if you have the telework capacity, Mr. GINGREY of Georgia. Madam economy if we allow Federal employees you’ve got some recourse. The best evi- Speaker, I would like to thank my col- to participate in union activities while dence of this most recently was last league from California for yielding. on official time, give them benefits year when we had the snowstorm shut Since the stimulus passed in Feb- when they’re delinquent on their taxes, down the government essentially for 3 ruary of 2009, the private sector has and increase spending in Federal agen- days. But during those 3 days, those shed over 3.2 million jobs, and our na- cies trying to make this flawed tele- who had the ability to telework were tional unemployment rate now stands working system work? able to continue to operate. And the es- at a staggering 9.5 percent. With the The SPEAKER pro tempore (Ms. timate by John Berry, heading the Of- rest of America struggling to make DEGETTE). The time of the gentleman fice of Personnel Management, was ends meet, it is unconscionable that has expired. that it saved the Federal Government my Democratic colleagues think that Mr. ISSA. I yield the gentleman 15 $30 million per day in terms of produc- we should give yet another perk to additional seconds. tivity that otherwise would have been Federal employees. By requiring Fed- Mr. GINGREY of Georgia. I thank lost. And that just gets to the cost eral agencies to duplicate an existing the gentleman. question. Again, we’ve heard this ob- law, and allowing them to spend a Madam Speaker, in conclusion, now jection based on the costs. The savings fourth of their time out of the office is not the time to increase the bureau- that will be generated when our Fed- and on a mobile work site, H.R. 1722 cratic maze in Washington but to rein eral agencies adopt these telework will cost the taxpayers another $30 mil- in the overlapping, redundant policies policies will far outweigh any of the lion while promoting an even more in- that have made the Federal Govern- costs of implementing this program. So efficient Federal workforce. ment so large. We must reduce spend- it’s a very commonsense approach. Madam Speaker, this is now the third ing and diligently work towards a more time the House will consider this legis- efficient and more effective govern- b 1210 lation. When H.R. 1722 initially failed ment that can live within its means. I And what the bill does is very to pass under suspension of the rules in urge my colleagues to oppose the bill. straightforward. It requires the agen- May, the Democratic majority brought Mr. LYNCH. Madam Speaker, I yield cies to have a telework policy in place it up again under a closed rule in July. 4 minutes to the gentleman from Mary- to encourage it, to promote it, not to It was only then that my Republican land, Representative JOHN SARBANES, impose it on people who because of colleagues and I had the opportunity to the lead sponsor of this measure. their particular job shouldn’t be tele- amend this bill through a successful Mr. SARBANES. Madam Speaker, I working or don’t want to do this, but motion to recommit which made a want to thank the gentleman for yield- to make sure that they have the oppor- number of improvements to this legis- ing. I want to thank Chairman TOWNS, tunity to do it and to know that the lation. However, as H.R. 1722 was con- Chairman LYNCH, Chairman DAVIS, who agency encourages that kind of thing. sidered in the Senate, this motion to I worked with previously on this bill, It appoints telework managing offi- recommit was completely dismantled. cosponsors GERRY CONNOLLY, JIM cers so there’s a person designated A provision that required an agency to MORAN, DUTCH RUPPERSBERGER, and within each agency who takes responsi- certify to the Office of Personnel Man- others who have collaborated with us bility for this, so that they can actu- agement that the agency’s telework on bringing this bill forward. I also ally help to implement it over time. program will save money, rather than want to take a moment to salute It has good evaluation components. increasing spending, was stripped from FRANK WOLF, our colleague on the The GAO and the Office of Personnel the bill. other side of the aisle. He has worked Management will conduct evaluations

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.029 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7565 on a periodic basis to determine the sitting at their laptop. That doesn’t living rooms. With the American family under progress that this is making and come make any sense. attack, telework provides the opportunities for up with suggestions and recommenda- This brings the government into the parents to spend more time with their families, tions going forward. 21st century, and I urge strong support and everyone to enjoy things they like to do. And then it also encourages, as I in- of this. I urge a ‘‘yes’’ vote on the Telework En- dicated before, that these agencies de- Madam Speaker, I appreciate the tireless ef- hancement Act of 2010. velop plans for continuing operations forts of the gentleman from Maryland, Mr. Mr. LYNCH. Madam Speaker, I thank under difficult circumstances, taking SARBANES, and was pleased to work with him the gentleman for his long time, 18 advantage of telework. to author this legislation. I also thank the gen- years, of leadership on this issue. So, for all these reasons, for the ben- tleman from New York, Mr. TOWNS, and the At this time, I yield 2 minutes to the efits that it bestows, for the objectives gentleman from Massachusetts, Mr. LYNCH, for gentleman from New York (Mr. that it meets, for the commonsense as- their work to advance this legislation, as well TOWNS), our distinguished chairman pect of it, I heartily urge my col- as our colleagues in the Senate who worked and a champion of this cause as well leagues to support this legislation. on the text of what we are considering today, for many years. Mr. ISSA. Madam Speaker, I yield 3 including Senators AKAKA, VOINOVICH, Mr. TOWNS. Madam Speaker, let me minutes to the gentleman from Vir- LIEBERMAN, COLLINS, and COBURN. just say that I’m happy today to be ginia (Mr. WOLF), one of the early This is good, bipartisan legislation, which here. And of course Congresswoman innovators that really brought tele- was also strengthened in the House through Wolf just indicated that he’s been work to the Federal workforce. the work of my colleague from Virginia, Mr. working on this for 18 years. And of (Mr. WOLF asked and was given per- WITTMAN, and my colleague from West Vir- course I think that the time is right to mission to revise and extend his re- ginia, Mrs. CAPITO. move this legislation forward. marks.) My colleagues will detail why this legislation As chairman of the Committee on Mr. WOLF. Madam Speaker, I would is important, that it is deficit neutral, that it Oversight and Government Reform, I say, as the gentleman and I were talk- strengthens our COOP, Continuation of Oper- rise in strong support of H.R. 1722, the ing, I did support the motion to recom- ations Plans, in the event of disasters such as Telework Enhancement Act of 2010. mit and I thought there were many, a hurricane, like Katrina, or a massive snow- I want to congratulate Representa- many good ideas in it. This bill, storm, like what occurred this past February, tive SARBANES for his persistence and though, where we are today I think is or in the event of an earthquake, such as the his hard work on the legislation. I also a good bill for the country. Loma Prieta, the World Series earthquake, or want to commend Representative in the event of a terrorist attack. In all these As someone who has worked on this LYNCH, the chairman of the Federal issue for more than 18 years, I think it instances, telework was vital in ensuring that Workforce Committee, for his help in is good legislation. There is nothing our government continued to operate. guiding this legislation through the In their song The Boxer, Simon and magic about strapping yourself into a process. I also want to thank the rank- Garfunkel said that ‘‘man hears what he wants metal box and driving 50 miles and sit- ing member on the Republican side, of to hear and disregards the rest.’’ That, unfortu- ting at a metal desk, because that’s course, for his work as well. nately, has been the case with this legislation. not necessarily the way that we do Despite what you may hear, this is good H.R. 1722 will increase the Federal things in the 21st century. legislation. Telework is good government pol- Government’s use of telework. This This bill saves money. It’s important icy. will make the Federal workforce more for Members to know that this bill This legislation is about doing more with efficient and better prepared to handle saves money. This bill reduces the foot- less. Let me repeat—telework is about doing all emergencies. Telework saves the print of the government. This bill is more with less. It is about adapting best prac- government money, reduces energy deficit neutral and strengthens the tice procedures from the private sector that consumption, and increases worker continuation of operations plan in the companies, such as IMB, use daily. It is about productivity. event of a disaster such as a hurricane, saving money. It is about reducing the size, This bill passed the House by an like Katrina, or the massive snow- the footprint, of the Federal Government. It is overwhelming margin on July 14, 2010. storm, as was previously mentioned, or about forcing the Federal Government into the The Senate amended the bill and in the event of an earthquake such as 21st century workplace. passed it by unanimous consent on the Loma Prieta, the 1989 World Series During the February snowstorm, telework al- September 29, 2010. It is time for us to earthquake, or in the event of a ter- lowed the Federal Government to recoup the send this bill to the President for his rorist attack. $30 million a day for each day that the gov- signature. I was here on 9/11. The Pentagon was ernment was shut down. Imagine how much The Senate changes in H.R. 1722 rep- hit. Cell phones did not work. Nothing would have been saved if more people were resent a compromise between the worked. The government was fun- teleworking? House-passed bill and Senate legisla- damentally shut down. If we had had It was through my work with members, such tion introduced by Senator AKAKA. And more people teleworking, we would as the gentleman from Maryland, Mr. HOYER, of course I fully support this bipartisan have had the continuity and have been that we forced the government to recognize compromise. better able to function, particularly the benefits of telework. When I was chairman The SPEAKER pro tempore. The during that dark day of the enemy at- of the Science-State-Justice and Commerce time of the gentleman has expired. tack. Appropriations Subcommittee, I inserted the Mr. LYNCH. I yield the gentleman an During the February snowstorm, this language to mandate that agencies increase additional 30 seconds. bill saved money. telework opportunities for eligible employees. Mr. TOWNS. The Senate amendment This legislation adopts many of the Why? Because agencies weren’t following includes key provisions from the House best management practices that many our directives, our intent. The intent of the bill, including language drafted by the companies, most companies now in the Congress to make the government more effi- ranking member of the Oversight Com- private sector are using. Almost every cient. And this is what is happening now— mittee, Representative ISSA, and rank- major company in the private sector telework isn’t being used to its fullest extent. ing member of the Federal Workforce has telework. And when you say you And maybe that’s because of a lack of infor- Subcommittee, Representative CHAF- want the government to be more like mation, or reluctant management, or a com- FETZ. This discussion that led to the the private sector, this is the answer. bination of both. This legislation will not fix all compromise we have before us today Lastly, Madam Speaker, every Mem- the problems that exist. But it will go a long included Members from both sides of ber, or maybe almost every Member of way toward improvement. the aisle and both sides of the Capitol. this institution teleworks when they Work is something you do, not someplace This bill is the fruit of an inclusive and pick up their BlackBerry or their you go. There is no magic to strapping your- comprehensive process. iPhone. To say that you have to be sit- self in a metal box and driving, sometimes up I strongly support this bipartisan, ting at your desk office computer to be to an hour and a half to our workplaces, and good government bill, and I urge all of doing your work is just not accurate. sitting in front of our computers all day. my colleagues to vote ‘‘aye.’’ That’s like saying every Member is not Information accessed at workplaces can just Mr. ISSA. Madam Speaker, I yield 3 working if they’re not in their office as easily be accessed from computers in our minutes to the gentleman from Indiana

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.031 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7566 CONGRESSIONAL RECORD — HOUSE November 18, 2010 (Mr. BURTON), the former chairman of ginia (Mr. CONNOLLY) who has been at 47 percent of the entire Federal work- the full committee. the forefront of this debate and who force will be eligible to retire this dec- Mr. BURTON of Indiana. Madam has been a great advocate and cham- ade. We’ve got to have flexible tools Speaker, I support this bill, but I think pion on behalf of Federal workers. that help us to replace those skilled there’s something of an immediate im- Mr. CONNOLLY of Virginia. Madam workers. Telework is a great way that port that needs to be discussed, so I’m Speaker, I thank my colleague from costs us no money that can make a big going to diverge just a little bit from Massachusetts for his leadership, and difference. the subject matter. particularly cite Congressman SAR- The Telework Improvements Act is an ex- Yesterday, Ahmed Ghailani, 36, who BANES for his leadership, and my Re- traordinarily important piece of legislation be- was involved in the killing of Ameri- publican colleague from Virginia, cause it will help us meet critical policy goals: cans at the embassies in Tanzania and FRANK WOLF, who laid out the merits savings of taxpayer money, improved federal elsewhere in Kenya that killed 224 peo- of the case of the Telework Improve- efficiency, reduction of dependence on foreign ple, including 12 Americans—the mili- ments Act. oil, and improvement in Continuity of Oper- tary tribunal down at Guantanamo was I have spent the last 10 years here in ations Plans. I thank Congressman SARBANES, prepared to try him, but the adminis- the national capital region encour- Congressman WOLF, Office of Personnel Man- tration and our Justice Department aging the public sector to follow the agement Director John Berry, and Sub- said he should be tried in civil court in lead of the private sector in promoting committee Chairman STEPHEN LYNCH for their New York and there would be justice telework. leadership. meted out. He was indicted on 286 In my district, for example, AT&T, a This legislation will save taxpayer money, counts for murdering Americans and private employer, one-third of its and is PAYGO compliant. My colleagues will others at our embassies in those two workforce teleworks; not because it recall that the federal government was shut countries, and he was let off on all but adds to corporate costs, but because in down for a week this winter due to snow. Re- one count. Two hundred eighty-five fact it detracts from corporate costs; gardless of whether future federal closures are not because it takes away efficiency, counts were ruled out. due to snow, other natural disasters, or a po- He killed Americans. He’s a terrorist. but in fact it improves productivity. tential terrorist attack, telework is an essential In the national capital region, there He worked with Osama Bin Laden. He part of our Continuity of Operations Plans that is almost no region in the country that bought dynamite. He bought the tele- allow the federal government to stay open de- lends itself better to telework because spite disruptions to our transportation infra- phone that set off the dynamite. He of the nature of the white-collar work- structure. This February, the federal govern- took the detonators to his house and force than does this. stored them there. He is a murderer. In the private sector, we are looking ment saved $30 million every day by achiev- He is a terrorist. at close to 20 percent telework rates, ing a 30 percent telework rate during the snow Now, right now we have American improving productivity, improving re- storm. Each additional percentage point of men and women serving in our embas- tention and recruitment, improving telework achievement would have represented sies around the world, and this is the the air quality of this region, and in another million dollars saved for taxpayers. Let kind of message we’re sending, that fact contributing to the bottom line. us not forgo that savings for taxpayers in the terrorists can get away with killing Unfortunately, in the public sector, future. Americans in our embassies. It’s un- we fall behind. We are only at 6 or 7 Telework is an essential part of federal per- conscionable that this administration percent in the Federal workforce, and sonnel policy because it can help recruit and and the Justice Department should let that is the largest single employer in retain federal employees, maintain continuity this happen. the national capital region. And we are of operations in the event of an emergency, If you look back in history, this kind a nonattainment region in terms of air and reduce congestion and related air pollu- of an incident would have been tried in quality. We can and we must do better. tion. With 48 percent of the federal workforce a military tribunal, and they wanted to Telework is an important and cost- eligible for retirement within the next 5 to 10 do it. But our Justice Department and effective component of efforts to re- years, we must provide benefits that attract our President said no, they would get duce congestion, greenhouse gas pollu- highly qualified employees. justice in the civil court. They got jus- tion, and smog. According to the Telework is an important and cost-effective tice all right. But did we, the American Telework Exchange, if 20 percent of component of efforts to reduce congestion, people? Americans teleworked, we could elimi- greenhouse gas pollution, and smog. Accord- ing to the Telework Exchange, if 20 percent of b 1220 nate 67 million metric tons of green- house gas emissions annually, and re- Americans teleworked, we could eliminate 67 We’ve sent a message to terrorists duce Persian Gulf oil imports by 40 per- million metric tons of greenhouse gas emis- around the world that, hey, you can cent, something many of my colleagues sions annually and reduce Persian Gulf oil im- kill Americans, but you’ll get off pret- on the other side of the aisle I know ports by 40 percent. Reducing greenhouse ty light if you get into an American are concerned about. gas emissions would lead to a reduction in courtroom. Isn’t that tragic? It’s trag- Reducing greenhouse gas emissions ground level ozone in our region, which is criti- ic. would lead to a reduction in ground- cally important to protect the health of our re- They’re cutting off heads of people, level ozone in our region, which is gion’s seniors and other residents suffering they’re blowing up embassies, they’re critically important to protect the from respiratory ailments or asthma. blowing up ships. They flew a plane health of our region’s seniors and those Today, less than 10 percent of eligible fed- into the World Trade Center on 9/11. with respiratory ailments. eral employees telework on a regular basis, The mastermind behind that is down at Today, as I said, 6 to 7 percent of eli- even though the largely white collar workforce Guantanamo. Are we going to try him gible Federal employees telework on a in our region is well suited for telework. By in a civil case in New York? That’s regular basis, even though the largely contrast, Fairfax County, the largest suburb of what they want to do. And if they do white collar workforce in our region is the National Capital Region, has 20 percent of that, are we going to let him off? He so well suited for it. eligible employees teleworking at least 1 day was the mastermind behind 9/11 that When I was the chairman of Fairfax per week, and other jurisdictions from this re- killed over 3,000 people. County, we started an aggressive pro- gion are approaching that regional target. The I would just say, if I were talking to gram to get to 20 percent of our eligible Telework Improvements Act provides a vehicle the President—and I wish I could—I workforce teleworking by 2005. We met to increase telework participation by desig- would say, ‘‘Mr. President, this is a the goal, we exceeded the goal, we have nating a Telework Managing Officer from with- travesty of justice, and your Justice sustained that rate ever since. I am in current staff for each agency and by inte- Department should be instructed to try here to tell my colleagues that it im- grating Continuity of Operations Planning per- these people in military tribunals.’’ proved our efficiency, it saved taxpayer formance metrics. According to a recently No more of this baloney. American money, it improved productivity, and completed survey from the Office of Personnel lives are at stake and the security of it gave us a tool to recruit and retain Management, at least 64 percent of federal America is at stake. the workforce of the future. employees are eligible to telework, yet most Mr. LYNCH. Madam Speaker, I yield We must remember that with the are not allowed to do so by their managers. 3 minutes to the gentleman from Vir- baby boom generation ready to retire, The Telework Improvements Act will help

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K18NO7.032 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7567 change management culture to support rapidly come together in a virtual en- b 1230 telework. vironment to respond to new tasks and This bill had a bipartisan vote in I urge my colleagues to support the missions. This workforce is going to committee because there was no addi- Telework Improvements Act, which will im- have to be flexible and is going to have tion to the deficit, because manage- prove the efficiency of the federal government, to be spread out so that strategically ment, training limits on who can qual- reduce our dependence on foreign oil, and im- we can meet whatever challenges this ify, and emergency measures are all in prove our national security. Nation may face in the future. place. Going to the office to do a job Mr. ISSA. Madam Speaker, I yield 3 I look forward to working with my that can be done in less time, more minutes to the gentleman from the colleagues to further explore the poten- output, greater savings to the govern- First District of Virginia (Mr. tial of secure teleworking. Robust tele- ment is so 20th century. This is not WITTMAN). working programs at Federal agencies 1950. It’s time our government came will get cars off congested roads, en- Mr. WITTMAN. Madam Speaker, I into the 21st century to have in place a hance productivity, reduce costs, and would like to thank the gentleman set of alternatives that provide em- from California for yielding. I would ensure continuity of operations. I urge my colleagues to support this ployees a better way to get the same like to thank him, also, for his leader- job done. ship in this issue. bill. Mr. LYNCH. Madam Speaker, I ap- Mr. ISSA. Madam Speaker, could I I rise today in support of the Senate inquire how much time each side has amendment to H.R. 1722, the Telework preciate the gentleman from Virginia’s remarks. remaining? Improvement Act. The SPEAKER pro tempore. The gen- This legislation will foster the use of At this time, I would yield 2 minutes tleman from California has 181⁄2 min- telework by Federal agencies by ensur- to the gentlelady from the District of Columbia, Ms. ELEANOR HOLMES NOR- utes remaining. The gentleman from ing that each agency has a telework Massachusetts has 11 minutes remain- policy, and that employees are in- TON. Ms. NORTON. I want to thank Chair- ing. formed about their eligibility to Mr. ISSA. Could I further inquire as telework. This bill would ensure that man LYNCH and Mr. SARBANES for this important bill which takes telework to how many additional speakers the those Federal employees who are eligi- from policy to practice. What progress majority has? ble to telework are able to do so, with we have made in telework we owe Mr. LYNCH. I have one additional an emphasis on enhancing agency oper- largely to members of this region, but speaker. ations and productivity. Mr. ISSA. Madam Speaker, I yield especially to Mr. WOLF. Virginia’s First District is home to The Telework Enhancement Act myself such time as I may consume. thousands of Federal employees, many takes telework all the way from a piece Madam Speaker, this is a bill, an un- of whom commute hours each day. De- of policy lying on paper to be picked up derlying bill, an underlying concept spite the fact that there are such nu- at will, or not picked up, to a real prac- that not only do I endorse and appre- merous benefits to teleworking, such tice with savings in productivity flow- ciate, but I knew and worked with ex- as reduced traffic congestion and en- ing directly to the Federal Govern- tensively in the private sector. There’s ergy consumption, cost savings, com- ment. The bill converts telework from no question in the private sector tele- petitive hiring and retention, readiness a passive to an affirmative policy of commuting continues to grow. But and emergency preparedness, many the Federal Government, along with all there are a couple of things I would Federal agencies continue to underuti- the productivity and savings that have like to straighten up out here today in lize telework. been documented to occur. It essen- consideration of this bill. The snowstorm last winter, as we tially makes going to work by First of all, Madam Speaker, every have heard referred to today, which telework the functional equivalent of Member of Congress has a Blackberry. closed the Federal Government several getting on the road or getting on a So do most major members of the Fed- days is a good example of how tele- crowded Metro car. eral workforce. Many of us have port- working programs can achieve cost Although this bill will be imple- able devices like this iPad. The fact is savings. We saw during that time that mented nationwide, the two snow- there is no shortage of telecommuting 30 percent of our Federal workers actu- storms in this region should have tools presently at use in the Federal ally teleworked during that snow- shocked private and public entities workforce. We are not talking about storm, achieving $30 million daily in alike into telework. Admittedly, the ability to telecommute. We are reduced costs for that Federal work- though, those are exceptional cir- talking about a new bureaucratic man- force being offsite. As Representative cumstances—9/11, natural disasters, date within the Federal regime that re- WOLF so stated there, that, I think, is continuity of operations—all are im- quires each agency have a specific enti- a great example of the potential sav- portant, but they are far from the only ty for that purpose, and we are doing so ings that can be achieved through tele- reasons for this bill. without the safeguards that my motion working. Government has spent billions of dol- to recommit offered and overwhelm- Under this legislation, Federal em- lars in state-of-the-art technology. ingly was accepted before the election. ployees handling classified informa- This technology is underutilized as When I say before the election, I tion, though, would not be eligible to long as telework itself is underutilized. think it’s also important to note, this telework. This policy effectively pre- Nothing is more inefficient for employ- will be the first vote after the Amer- vents the use of teleworking programs ees and the government alike than ican people said ‘‘no’’ to government by employees who need access to clas- compelling an employee to fight some waste, fraud, and abuse; government sified information specifically in the of the worst traffic congestion in the growth, government spending. And yet areas of defense, homeland security, Nation to get to a Federal office. Noth- the Senate, before the election, law enforcement, and intelligence. ing is more costly to the government stripped out of this bill something as The Director of the National Intel- than requiring every employee lock- innocuous as each agency having to ligence Agency’s Vision 2015 states step to come to a physical place and do show that telecommuting additions that there is a definite need for cross- the work that could be accomplished were going to be net cost savings. In organizational collaboration, cross- with increased productivity and output other words, with all the bravado about functional teams, and joint duty at home. Nothing is of greater benefit how this wasn’t going to cost but it amongst the intelligence agencies, and to the oil cartels and to the trade def- was going to save, what was stripped this is going to require a much more icit than forcing people on the road. out of this was any kind of assertion, agile infrastructure. Nothing is more disruptive to two-par- not an assertion that required an audit, Vision 2015, as it is identified, sug- ent and single-parent families alike but just an assertion by the agency gests that the intelligence community than time spent from home, sometimes head that their efforts were going to will have to shift from the current cen- an hour or two each day in this region, save money. tralized model, where employees are which can now be converted to family I was here for the snowstorm of last consolidated in a single location, to a life and more work accomplished right year, and I just want the American model where a dispersed workforce can there at home. people who may not have been able to

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.014 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7568 CONGRESSIONAL RECORD — HOUSE November 18, 2010 be here in Washington, D.C., to under- a number of things. First of all, it b 1240 stand that it was quite a snowstorm. saves money. All of us have talked Additionally, creating efficiency in And I appreciate the estimate of $30 about saving, trying to make sure that government is now essential. When we million a day of savings. But I might we are as efficient and as effective as a reconvene in January, our problem will also remind the American people that Federal Government, as any workforce, be $1.4 trillion worth of spending— every restaurant was open and doing as we can possibly be. I don’t think spending greater than what the Amer- great business and the parks were filled that there is any doubt in anyone’s ican people are willing to pay or are with people having snowball fights. In mind that we can save money. able to pay to fund our government. fact, what really happened was the It also provides an opportunity to That means to us that we’re going to Federal workforce got a paid holiday deal with another issue, and that’s the have to find a way to have less Federal while people who had to figure out how issue of the environment. How do we workers, Federal workers that cost to make a buck found a way to get reduce the smog emissions? How do we less, Federal workers that need less fa- their people to work so they could still help clean up and clear up the environ- cilities. So I will continue to support sell to those Federal workers who were ment? Well if you could imagine, re- telework if it means that we’re not having a holiday. ducing not only in the Washington, building new Federal buildings, we’re It is, in fact, more common for the D.C., area, but in other large metro- not causing the infrastructure to grow; Federal workforce to say, go ahead, politan areas, the large number of vehi- in other words, Madam Speaker, that stay at home. That probably begs the cles that we have moving to and from, we’re saving money. question of telecommuting. But then and especially in instances where we I’m sad to say that this bill, when it the question is where in this bill do we know the work can be done. And I is signed by the President, will do none require people who are telecommuting think the U.S. Patent Office has proven of that. But the President knows, the not to get a day off because it snows without a doubt that you can, in fact, Director of the Office of Management since they are in their home where the be effective, you can be efficient, you and Budget knows, the Vice President snow shouldn’t be affecting them? can do a good job, and you can get the knows, the House knows, and certainly We have a lot of safeguards not in the job done. the Senate knows that we have a long bill. I’m convinced today with the cur- So I commend all of those who are in way to go when we talk about private rent majority that this bill will prob- support of this legislation. Again, I sector telecommuting to be as efficient ably pass as it is. I intend to bring want to thank Chairman LYNCH for giv- as the private sector. We are not. What back in the next Congress additional ing me time to participate. we do is in fact we use the word ‘‘tele- reforms and hold oversight as appro- Mr. ISSA. I yield myself the balance commute’’ often to say, Well, look, priate to make sure that we improve of my time. we’re using the gadgets. We must be that which is not being dealt with Madam Speaker, I have said most of doing better. today. I expect I will have the same bi- what has to be said, and I’m not going Madam Speaker, we can do better. partisan support that we had through- to use all of the time that the minority We should do better. I understand this out this process in the House. I am has. This bill, as I said, will probably is an important vote to many people mostly disappointed that with an over- pass, and it will be a shame. I would who feel that the Federal workforce whelming, over 303 votes here in the hope that all Republicans and Demo- needs a perk, a symbol that we’re going House for the bill as it was, that it crats who know this could be better to do something for them. Madam came back to us without things that and voted for it when it was better Speaker, this is not doing something we thought should be in it. would also vote against it, not because for the Federal workforce unless the Madam Speaker, I don’t want to be a the outcome is certain, but because we American people have confidence that partisan. But I do believe it’s impor- have an opportunity to say we’re not the Federal workforce is becoming tant that we consider that one of the going to produce a new bureaucracy leaner, more efficient, more effective items that was in this bill when it left without some reservation when we in doing what the people want done for the House was a prohibition on basi- know it could have been better. them. In that case, Madam Speaker, I cally union work outside of the cover This is not a bill that creates the op- will recommend that all of my side and of office. We have collective bargaining portunity for telework. Every agency as many of those that will listen on the agreements almost universally within that sees this bill will look and say, other side of the aisle vote ‘‘no’’ today the Federal Government. We also have darn, I’ve got to create a special entity as a symbol that in fact we can do bet- regulations about these people whether that is a telework czar entity. They ter. they have to do other work or not. This will know that for what it is. What it The guidance from the Congress bill lacks the safeguard so that some- doesn’t do is it doesn’t give them the should be to increase efficiency and to body can basically take a Blackberry kind of additional new guidelines that describe that in a way in which the and a notebook, disappear forever and really would keep this from being, in Federal workforce can have confidence be almost unaccountable as to whether some cases, just a mandate for a perk, that we’re on the same team, we’re on they ever did any of their core work and in other cases a mandate for an the same side. We want them to avoid while doing their union organizing and agency creation within an agency. excessive commuting. We want this to running activity. That’s not in the best I think that’s the most dangerous be more efficient and effective. But we interest of the taxpayers. It’s not what part of what we do. We should never, also want to be a Congress that pro- the last election was about. It’s not never give the Federal Government a vides such guidelines as necessary what I had hoped to see. requirement to do something and not rather than simply a mandate for a I reserve the balance of my time. give them the guidance, authority, and new bureaucracy in every agency that Mr. LYNCH. Madam Speaker, I yield statute necessary to make sure they do is now going to be the telecommuting 3 minutes to the former chairman of it right. We have that responsibility. agency. the Federal Workforce Subcommittee, The executive branch is, in fact, the With that, Madam Speaker, I thank Mr. Danny Davis of Illinois. administrative branch. For them to ad- my colleagues on both sides of the aisle Mr. DAVIS of Illinois. Madam Speak- minister, we either need to give them because we did work long and hard to er, I want to first of all thank Chair- the rules or require that they create try to get a better bill. We sent the man LYNCH for yielding time. I also rules that are sensible and then create Senate a better bill. We now, today, want to commend Mr. SARBANES for oversight for it. can only consider what has been the continuous work that he has done That’s not what this bill does today. brought before us. to bring this legislation before us As I said, in no case will this create I recommend a ‘‘no’’ vote and yield today. I also want to commend Mr. one new telework job. It simply will back the balance of my time. WOLF because for a long time he has create a new bureaucracy, and it does Mr. LYNCH. At this time I just want been the champion of this legislation, so without any of the protections the to thank Mr. WOLF and Mr. WITTMAN, and all of us appreciate his work. motion to recommit, widely accepted my colleagues across the other side of I’m pleased to be a cosponsor of this by the House, brought before the elec- the aisle who stood and spoke in favor bill which provides opportunities to do tions. of this bill. Despite the highlight of our

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.037 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7569 differences, I would like to remind our might have been far larger had some Federal The text of the bill is as follows: colleagues that this bill was entirely workers not had the opportunity to work from H.R. 6419 acceptable to all of the Democratic and home. The bill will also reduce costs for tax- Be it enacted by the Senate and House of Rep- Republicans on the Oversight Com- payers by lowering absenteeism. resentatives of the United States of America in mittee prior to this bill reaching the Passing this bill makes environmental Congress assembled, floor. sense. Increasing teleworking opportunities for SECTION 1. SHORT TITLE. H.R. 1722 received full consideration employees of the country’s largest employer This Act may be cited as the ‘‘Emergency by the Federal Workforce Sub- Unemployment Compensation Continuation means fewer cars on the roads and lower car- Act’’. committee that I chair. It was referred bon emissions. According to the Telework Ex- SEC. 2. EXTENSION OF UNEMPLOYMENT INSUR- unanimously by the subcommittee to change, if 20 percent of Americans tele- ANCE PROVISIONS. the full Oversight Committee. And dur- worked, we could eliminate 67 million metric (a) IN GENERAL.—(1) Section 4007 of the ing the full committee consideration, I tons of greenhouse gas emissions annually Supplemental Appropriations Act, 2008 (Pub- am proud to say that Republican and reduce Persian Gulf oil imports by 40 per- lic Law 110–252; 26 U.S.C. 3304 note) is amend- amendments were offered and they cent. ed— were accepted and the legislation was (A) by striking ‘‘November 30, 2010’’ each Madam Speaker, passing The Telework Im- place it appears and inserting ‘‘February 28, then advanced to the House without a provements Act will save money for the tax- 2011’’; single objection by any Republican payer, help ease pressure on the environment (B) in the heading for paragraph (2) of sub- member. And I am proud of that fact. and make the government run more efficiently. section (b), by striking ‘‘NOVEMBER 30, 2010’’ That is bipartisanship. My friends on The bill is also PAYGO compliant. and inserting ‘‘FEBRUARY 28, 2011’’; and the other side of the aisle, good Repub- I encourage my colleagues to join me in (C) in subsection (b)(3), by striking ‘‘April licans, had every opportunity to at- supporting the bill and I urge its immediate 30, 2011’’ and inserting ‘‘July 31, 2011’’. tempt to add additional provisions in (2) Section 2005 of the Assistance for Unem- passage. ployed Workers and Struggling Families the committee, where they would have Mr. LYNCH. I ask all Members to Act, as contained in Public Law 111–5 (26 received full consideration rather than vote in favor of H.R. 1722, and I yield U.S.C. 3304 note), is amended— the 5 minutes of hurried debate prior to back the balance of my time. (A) by striking ‘‘December 1, 2010’’ each the vote on the Republican motion to The SPEAKER pro tempore. All time place it appears and inserting ‘‘March 1, recommit. for debate has expired. 2011’’ ; and But today I’m pleased that we have Pursuant to clause 1(c) of rule XIX, (B) in subsection (c), by striking ‘‘May 1, the opportunity to consider the excel- further consideration of this motion is 2011’’ and inserting ‘‘August 1, 2011’’. lent, comprehensive, bipartisan com- (3) Section 5 of the Unemployment Com- postponed. pensation Extension Act of 2008 (Public Law promise we were able to negotiate with f 110–449; 26 U.S.C. 3304 note) is amended by the Senate. And I would also like to striking ‘‘April 30, 2011’’ and inserting ‘‘July add that all the House and Senate com- PARLIAMENTARY INQUIRY 31, 2011’’. mittee staff, majority and minority, Mr. ISSA. Madam Speaker, a point of (b) FUNDING.—Section 4004(e)(1) of the Sup- plemental Appropriations Act, 2008 (Public met following Senate passage to dis- parliamentary inquiry. cuss possible alternatives that would Law 110–252; 26 U.S.C. 3304 note) is amended— The SPEAKER pro tempore. The gen- (1) in subparagraph (E), by striking ‘‘and’’ be acceptable. tleman will state his parliamentary in- at the end; and This has been a bipartisan process. quiry. (2) by inserting after subparagraph (F) the This is something I think we can agree Mr. ISSA. At the end of debate, isn’t following: on. I would not want the perfect to be it appropriate to call for the vote prior ‘‘(G) the amendments made by section the enemy of the good in this case. I to postponing for the yeas and nays? I 2(a)(1) of the Emergency Unemployment think we have a good bill here. I think Compensation Continuation Act; and’’. heard no request for it. Are we post- (c) EFFECTIVE DATE.—The amendments there’s been good input from both sides poning further debate, even though de- of the aisle here, and it shows in the made by this section shall take effect as if bate has concluded, rather than a included in the enactment of the Unemploy- end product. House vote and then postponing a re- ment Compensation Extension Act of 2010 Mr. VAN HOLLEN. Madam Speaker, as a corded vote? (Public Law 111–205; 124 Stat. 2236). representative of a district with a large number The SPEAKER pro tempore. Time for SEC. 3. OPTION FOR STATES TO TEMPORARILY of Federal employees, I rise in strong support debate has expired. Pursuant to clause MODIFY CERTAIN ‘‘ON’’ AND ‘‘OFF’’ of H.R. 1722, The Telework Improvements INDICATORS RELATING TO EX- 1(c) of rule XIX, further consideration TENDED BENEFITS. Act. I want to thank Chairmen TOWNS and of the motion has been postponed. (a) INDICATORS BASED ON RATE OF INSURED LYNCH and Representative SARBANES for their UNEMPLOYMENT.—Section 203(d) of the Fed- f leadership in crafting this important bipartisan eral-State Extended Unemployment Com- bill. ANNOUNCEMENT BY THE SPEAKER pensation Act of 1970 (26 U.S.C. 3304 note) is The Telework Improvements Act makes ad- PRO TEMPORE amended by inserting before the last sen- ministrative, fiscal and environmental sense. If tence the following: ‘‘Effective with respect passed, the measure will save money for the The SPEAKER pro tempore. Pursu- to compensation for weeks of unemployment American taxpayers, make government oper- ant to clause 8 of rule XX, the Chair beginning after the date of enactment of the will postpone further proceedings Emergency Unemployment Compensation ations more efficient, and put the Federal Gov- Continuation Act (or, if later, the date estab- ernment on equal footing with many private today on the motion to suspend the rules on which a recorded vote or the lished pursuant to State law), and ending on sector employers and State governments or before March 1, 2011, the State may by law which allow their employees to perform many yeas and nays are ordered, or on which provide that the determination of whether of their duties and responsibilities from home the vote incurs objection under clause there has been a State ‘on’ or ‘off’ indicator or at another work site. 6 of rule XX. beginning or ending any extended benefit pe- Passing this bill will help attract more work- Any record vote on the postponed riod shall be made under this subsection as if ers to government service. There is an effort question will be taken later. paragraph (1)(A) had been amended by strik- under way to encourage more young people ing ‘the preceding two calendar years’ and f inserting ‘the preceding three calendar to work for the Federal Government to offset EMERGENCY UNEMPLOYMENT years’; except that, notwithstanding any the growing number of older employees who such provision of State law, any week for are retiring. Offering prospective employees COMPENSATION CONTINUATION ACT which there would otherwise be a State ‘on’ the option to telework increases the possibility indicator shall continue to be such a week that those employees with families will join the Mr. LEVIN. Madam Speaker, I move and shall not be determined to be a week for Federal workforce. to suspend the rules and pass the bill which there is a State ‘off’ indicator.’’. Passing this bill is smart fiscal policy. Ac- (H.R. 6419) to amend the Supplemental (b) INDICATORS BASED ON RATE OF TOTAL Appropriations Act, 2008 to provide for UNEMPLOYMENT.—Section 203(f) of the Fed- cording to the Office of Personnel Manage- eral-State Extended Unemployment Com- ment, during the blizzard that hit Washington, the further extension of emergency un- pensation Act of 1970 (26 U.S.C. 3304 note) is DC last winter, the government lost tens of employment benefits, and for other amended— millions of dollars worth of productivity for purposes, as amended. (1) by redesignating paragraph (2) as para- each day it remained closed. This number The Clerk read the title of the bill. graph (3); and

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.039 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7570 CONGRESSIONAL RECORD — HOUSE November 18, 2010 (2) by inserting after paragraph (1) the fol- sands of people may not have a turkey sional offices has dealt with families lowing: on their table because they can’t afford dealing with this tragedy of unemploy- ‘‘(2) Effective with respect to compensa- it and the next week may not have the ment, but Republicans and even some tion for weeks of unemployment beginning after the date of enactment of the Emer- moneys they need to meet their daily Democrats want to responsibly pay for gency Unemployment Compensation Con- needs. these benefits. In fact, there are suffi- tinuation Act (or, if later, the date estab- This should be a bipartisan effort. cient unspent stimulus funds to do just lished pursuant to State law), and ending on This is a totally human effort. This is that, to cover the $12 billion cost of the or before March 1, 2011, the State may by law totally an urgent effort. These are peo- bill before us. This is not a new Repub- provide that the determination of whether ple laid off, people who have been look- lican idea or a new idea. This is some- there has been a State ‘on’ or ‘off’ indicator ing for work, people who cannot find thing we have discussed before, but the beginning or ending any extended benefit pe- work. For every job, at least five peo- other side insists on bringing this for- riod shall be made under this subsection as if ple are looking for employment for paragraph (1)(A)(ii) had been amended— ward, unpaid for. ‘‘(A) by striking ‘either (or both)’ and in- that job. I don’t know what other evi- The chairman of the Senate Finance serting ‘any (or all)’; and dence needs to be brought here. It can Committee has proposed cutting stim- ‘‘(B) by striking ‘the preceding 2 calendar be stated very briefly and directly. ulus to pay for certain measures. Last years’ and inserting ‘the preceding 3 cal- If the 2 million people who are going June, the Democrat leader himself, Mr. endar years’. to lose their benefits looking for work HOYER, admitted there was spending fa- Notwithstanding any provision of a State were brought here so we could see tigue across the country, and ‘‘if we law described in this paragraph, any week them, would anyone vote ‘‘no’’? Would have dollars not yet expended in the for which there would otherwise be a State anyone vote ‘‘no’’? Do we need the 2 Recovery Act,’’ they should be ‘‘applied ‘on’ indicator shall continue to be such a million here? Can we put ourselves in to’’ new spending like this. That would week and shall not be determined to be a week for which there is a State ‘off’ indi- their homes, in their shoes, in their be far better than adding to the un- cator.’’. places with their families, with their checked growth in spending and debt SEC. 4. BUDGETARY EFFECTS. children. that has already cost us an estimated 1 The budgetary effects of this Act, for the This is an emergency. This House million jobs. purpose of complying with the Statutory must act. The fact is we can both provide this Pay-As-You-Go-Act of 2010, shall be deter- I reserve the balance of my time. help and pay for it by cutting less ef- mined by reference to the latest statement b 1250 fective stimulus spending. That’s what titled ‘‘Budgetary Effects of PAYGO Legisla- we should be debating today, not a bill tion’’ for this Act, submitted for printing in Mr. BOUSTANY. I yield myself such called up under special rules that per- the Congressional Record by the Chairman of time as I may consume. mit no amendments and no chance to the House Budget Committee, provided that Madam Speaker, well, as Yogi Berra offer ways to pay for this. Even if this such statement has been submitted prior to said, This bill is like deja vu all over the vote on passage. were to pass, the sad thing is that again—and not in a good way. there are no plans in the Senate for a SEC. 5. EMERGENCY DESIGNATIONS. The bill before us today is the ninth This Act— vote on this bill any time soon. So the (1) is designated as an emergency require- extension of unemployment benefits fact of the matter is this bill is going ment pursuant to section 4(g) of the Statu- since mid-2008. Benefits recently nowhere. tory Pay-As-You-Go Act of 2010 (Public Law stretched up to 99 weeks, or almost 2 The American people know it isn’t 111-139; 2 U.S.C. 933(g)); years, in most States. With the excep- right to add these costs to our already (2) in the House of Representatives, is des- tion of just one bill last November, overdrawn national credit card. We all ignated as an emergency for purposes of pay- every one of those extensions was not want to help those in need, but the as-you-go principles; and paid for. That’s a total of $135 billion American people also know that some- (3) in the Senate, is designated as an emer- added to our $14 trillion debt. gency requirement and necessary to meet one has to pay when government emergency needs pursuant to section 403(a) Meanwhile, our Democrat colleagues spends money, and it shouldn’t be our of S. Con. Res. 13 (111th Congress), the con- swore their policies would create jobs— children and our grandchildren. The current resolution on the budget for fiscal but they haven’t. Instead of paychecks, American people sent us here to do a year 2010. millions of Americans were left with job. We should pay for this spending The SPEAKER pro tempore. Pursu- only an unemployment check. In Feb- today. We can pay for this spending ant to the rule, the gentleman from ruary 2009, the President signed the today, and there is no reason why we Michigan (Mr. LEVIN) and the gen- Democrats’ trillion dollar stimulus couldn’t bring a bill forward with a tleman from Louisiana (Mr. BOUSTANY) plan. At that time, Democrats prom- way to do this, with a way to pay for each will control 20 minutes. ised that the plan would create 3.7 mil- it. The Chair recognizes the gentleman lion jobs and lower the unemployment So I ask my colleagues on both sides from Michigan. rate to 7 percent by now. None of that of the aisle to reject this bill today. In- Mr. LEVIN. Madam Speaker, I yield happened. stead, let’s work together to quickly myself such time as I may consume. Instead, over 2 million more private pass a bill to extend Federal unemploy- Madam Speaker, this is called an sector jobs were lost, and unemploy- ment benefits while finding a respon- emergency bill because it is an emer- ment spiked to 10 percent while the sible way to pay for it. gency. For millions of people, this is an debt has grown by almost $3 trillion. A Madam Speaker, I reserve the bal- emergency. Unemployment benefits total of 48 out of 50 States have lost ance of my time. are going to run out in a few days. jobs since the Democrats’ stimulus bill Mr. LEVIN. Madam Speaker, I yield Therefore, it is an emergency for the passed. Yet here we are again—extend- myself 30 seconds. United States of America. And let me ing unemployment benefits because the I say to the gentleman from Lou- just indicate what is at stake here. Democrats’ trillion dollar stimulus isiana that the people of this country Through January 1 of next year, failed to create the millions of jobs who are looking for work don’t want close to 2 million people will not any they promised it would. Even more empathy; they want the unemployment longer be eligible for benefits. And sadly, instead of doing this responsibly, insurance that they worked for, and then, a month later, the amount al- this bill will simply add another $12 you’re standing in the way. Don’t send most doubles. This is an emergency. billion to our current mountain of them empathy. Send them what they Last night, I was in my office at 9:30 debt. worked for. and a person called from Atlanta, Geor- We can do better than this. We cer- I ask unanimous consent that the re- gia, to thank me and to thank Mr. tainly can do better than this. mainder of my time be controlled by MCDERMOTT and to thank our party for Both Republicans and Democrats the gentleman from Washington (Mr. bringing up this extension. support helping the long-term unem- MCDERMOTT), the author of this bill. I don’t know what more any of us ployed. The chairman of the committee The SPEAKER pro tempore. Is there want. I don’t see how we can go home expressed a great deal of empathy in objection to the request of the gen- for Thanksgiving when, as a result of his opening statement. We share that tleman from Michigan? failure of benefits, hundreds of thou- empathy. Every one of our congres- There was no objection.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.015 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7571 Mr. MCDERMOTT. Madam Speaker, an unemployment check for somebody work together to get things done and may I ask what the division of minutes to keep bread on the table and keep a do it by listening to the American peo- is at the moment? mortgage paid is not okay. ple. Americans don’t want to push The SPEAKER pro tempore. The gen- We can’t not fund that. This is an American families whose breadwinners tleman from Washington has 161⁄2 min- emergency. lost their jobs through no fault of their utes remaining. The gentleman from People who talk like that on the own into poverty during the holidays. Louisiana has 151⁄2 minutes remaining. floor of this House have never been un- I think we should end these debates Mr. MCDERMOTT. Madam Speaker, I employed or have never known any- and extend benefits longer and allow yield myself such time as I may con- body who has been unemployed. You benefits to be scaled back as the econ- sume. would not talk that way about unem- omy improves. The reason we’ve had I rise in support of H.R. 6419, which ployed people if you knew them. all these votes out here is because the will extend current unemployment in- Now, this should give every middle Senate is unable to do anything. We’ve surance benefits through February of class American a lot to think about tried to extend this for extended peri- next year and will provide much needed with the results of this last election. ods of time, and over in the Senate, help to unemployed Americans during This is your first chance to observe they say, well, let’s extend it for a the holiday season. what you can expect in the next 2 month, let’s see if we can starve them From the beginning of the unemploy- years. The minority leader in the other for a month, and then we’ll go in. They ment insurance program 75 years ago, body said, My number one priority is let this program lapse for 3 months we have never cut off benefits for out- to prevent Barack Obama from having over there, and you’re telling me that of-work Americans when the unem- a second term. Not public policy. Not we’re going to work together. Well, I ployment rates have been this high. jobs for people. Not health care for peo- think we ought to work together. Without this extension, temporary ple—but political gain. This is a short-term extension in an Federal extended benefits will shut effort to see if our Republican col- b 1300 down shortly after Thanksgiving, the leagues will support any kind of help 27th, denying benefits to 2 million of And that’s what this is all about. The for the unemployed. I am told by the our fellow citizens over the holiday experts agree—two out of every three other side that there’s no plan in the season. It is unthinkable to me that we people who get unemployment benefits Senate to take up this bill. Well, can allow these benefits to lapse during are in the middle class. We’re not talk- they’re waiting to see if we can get it the holiday season and before the eco- ing about people who weren’t trying or out of here. If you don’t help, maybe it nomic recovery is on solid ground. weren’t working or weren’t doing their won’t get out of here, but the message Despite the severity of the Repub- part as Americans. to 4 million Americans will be the Re- lican economic collapse, which started While the Republicans were bank- publican Party doesn’t care whether under Mr. Bush, there have been 10 rupting the country to help the rich you have a Christmas or a way to fund straight months of private sector with one hand, giving tax breaks all your mortgage or a way to put food on growth under this Democratically con- over the place, the Republicans were the table for the first three months of trolled Congress and administration. using the other hand to push the unem- the next year. I hope my Republican Despite the huge accomplishment of ployed middle class of America out of colleagues will join the American peo- digging the American economy out of their homes and never dealt with the ple in supporting this bill. the Republican economic ditch, too foreclosure issue to prevent them from I reserve the balance of my time. many Americans remain unemployed. having food on their tables and to keep Mr. BOUSTANY. Madam Speaker, I There is still only one available job for their children from being properly just regret to say that we’re hearing every five unemployed Americans. To clothed. oversimplifications and many gen- make matters worse, the press is now On the campaign trail Republicans eralizations from the other side. carrying reports that employers called the unemployed ‘‘lazy.’’ Boy, Look, this is not one of those you ei- around the country are refusing to hire you haven’t met an unemployed person ther pass it or you don’t types of issues the unemployed. or you would never say that a second here. We could pay for this, and the sad They’re saying to the unemployed, time to them. And they said that un- thing is all I’m hearing on the other We want to hire somebody who has a employment benefits ‘‘spoil’’ out of side is a great deal of cynicism. But job to come over and fill our job be- work Americans. They get lazy and furthermore, look, the American peo- cause we know you were laid off be- they just sit around the house and wait ple have spoken about this, and they cause you weren’t a good employee, for their unemployment check. Those are saying we’ve got to get a handle on and that’s why they let you go. We checks aren’t that big in the first national debt if we’re going to get the don’t want to hire people who aren’t place, and secondly, people don’t like economy going again and create jobs worth anything. to be unemployed in this country. Peo- because the American people want pay- That’s the message that’s going out ple look for work, and they are looking checks. They want good-paying jobs. in this country now to the unemployed. for work and they are now being told They want an end to this uncertainty. Many of those people are middle class you’ve been unemployed for 2 years, We have information from the Mac- people who have worked very hard, and we’re not interested in hiring you. We Arthur Foundation, a very respected through no fault of their own, their in- want somebody who’s got a job over organization. They released a poll dustries have collapsed—banking, here. That was on NPR just yesterday. showing that over 70 percent of voters housing—as a direct result of what the So it isn’t made up. That’s what’s in this month’s election say it is very Bush administration did—or didn’t do, going on. important to reduce the national debt. really, which is to have regulated Wall Some Republicans even question the Overwhelmingly, voters want us to re- Street. constitutionality of the Unemployment duce the debt by cutting spending, but Unfortunately, the Republicans have Insurance Program. The health and instead of doing this fiscally respon- already made it clear that, instead of welfare of the American people is un- sible thing and actually paying for this helping the middle class, one of their constitutional, according to some peo- new spending, which we could very eas- top priorities is to give millionaires ple. ily do, the bill before us today does ex- and billionaires a huge $700 billion Fortunately, the American people actly the opposite. It adds $12 billion to break. Now, the same people who are don’t feel the same way. A recent poll our Nation’s debt in a program that’s saying this should be paid for will be showed that 86 percent of Americans already added $135 billion to the na- out on this floor sometime in the next believe the unemployed really want to tional debt. The sad thing is, Madam couple of weeks, saying, We don’t have work. That’s what the people think. Speaker, we could extend these unem- to pay for a tax break. Why, that’ll That’s not the political rhetoric of peo- ployment benefits, and we could pay pump jobs into the world. All we have ple running for election. That’s what for them. to do is cut taxes everywhere and give the people really think. Look, the bill reflects I think a very $700 billion to people who make more The election is over now, and Ameri- cynical political maneuver by the than $500,000 a year—that’s okay—but cans have said we want both parties to Democratic leadership because they

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.043 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7572 CONGRESSIONAL RECORD — HOUSE November 18, 2010 know that the Senate has no plans to that we could change our minds, people? Madam Speaker, are they even pass this unpaid-for bill. We’ve been change our position, and know that listening to each other? And do they down this path before, and in fact, the when we do this for the least of these, agree with the Speaker that it’s about liberal Huffington Post has broken the then we’re doing the work that we debt? All we’re hearing are mixed sig- code on really what’s going on here. ought to be doing. nals. If so, join us in voting down this There was a recent headline, Jobless Let’s pass this measure. Provide ben- unpaid-for bill and begin working to- Benefits About to Lapse as Senate efits to the unemployed. gether on a new bill, which we could do Democrats Mull Strategy. That was a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE very quickly, that does right by the headline on Tuesday. And, No Plans in The SPEAKER pro tempore. The unemployed as well as our children and Senate For a Vote on Unemployment Chair will take this opportunity to re- our grandchildren. That’s what the Benefits read the headline yesterday. mind all Members to address their re- American people expect of us today. To quote Senator REED from Rhode Is- marks to the Chair. I reserve the balance of my time. land, a Democratic leader on this legis- Mr. BOUSTANY. Madam Speaker, I Mr. MCDERMOTT. Madam Speaker, lation: ‘‘At this point it’s not been want to remind our friends on the could you tell us how much time we scheduled. I can’t point to a specific other side that in the past when they have left? time it will come up for a vote this did bring the bill up on suspension, it The SPEAKER pro tempore. The gen- week.’’ failed, and yet when you did on one oc- tleman from Washington has 7 minutes The American people are tired of the casion bring it up on regular order, it remaining. The gentleman from Lou- cynicism. They want answers. And the did pass. isiana has 91⁄2 minutes remaining. sad thing is there’s a simple answer on We all have to work hard to listen to Mr. MCDERMOTT. Madam Speaker, I this one, unlike many of the other the will of the American people. Yes- yield 2 minutes to the gentlewoman problems our country is facing which terday, Speaker PELOSI herself said, from New York (Mrs. MALONEY). are more complex. We could extend un- ‘‘Our consensus is that we go out there Mrs. MALONEY. I thank the gen- employment benefits and we could pay listening to the American people. It’s tleman for yielding. for it, but our friends on the other side about jobs. It’s about reducing the def- Madam Speaker, the Joint Economic of the aisle currently control the icit.’’ Committee, which I chair, released a House, they control the Senate, they Yet today, here we are again being report today that finds that if Congress control the White House, and they asked to increase the deficit by an- fails to extend the Federal unemploy- can’t even get their act together to do other $12 billion. That’s another $160 in ment insurance benefits program, the this, especially when there are Repub- debt for every family of four in the unintended consequences could be ex- licans who would be willing to do this United States, just for 3 months of ben- tremely serious. Serious not just for extension if it were paid for. The sim- efits under one program, all on top of the 2 million Americans who would see ple answer is ‘‘yes’’ there is a way to the $2.8 trillion in debt we have racked their benefits expire in December, but pay for it. It’s staring us right in the up since President Obama took office, a extremely serious for the larger econ- face, and yet our friends across the 44 percent increase. omy as well. aisle refuse to see this. Prematurely ending the program b 1310 I reserve the balance of my time. would drain our economy of some $80 Mr. MCDERMOTT. I yield myself 30 The question, Madam Speaker, is, Is billion in purchasing power, just as our additional seconds. the Speaker really listening to the fragile economy is beginning to re- My friend on the other side clearly American people? Because what we cover. This would result in the loss of understands, I’m sure, the legislative heard earlier this month is that people over 1 million jobs over the next year. process. We put a bill over to the Sen- want us to provide help to those in Even now, there are five Americans ate. They can make a change. If they need but not add to the mountain of looking for work for every job opening want to pay for it, they can pay for it. debt that we are currently leaving to in the land; and more than 40 percent They are safe, they’re comfortable, be- our children and grandchildren. of those unemployed have been out of cause they know you’re going to stop The sad thing—again, I repeat—the work for 27 weeks or more, including the bill or try to stop the bill. They sad thing, we could have achieved both over 159,000 in New York State, with know that the House Republicans are goals today. The Congressional Budget some 95,000 in my home of New York determined that they’re not going to Office has informed us there is enough City. Choosing to vote against an ex- let this bill through here. So they say, unspent stimulus spending that we can tension, and thus add a million Ameri- all right, we can say we don’t have any cut to cover the additional spending in cans to the ranks of the unemployed, way to do anything with it. My belief this bill. It’s just unconscionable that cannot possibly be considered as a wise is that we put a bill over there, they the other side has not heard the Amer- economic policy choice. will pass a bill. ican people about the concerns about The nonpartisan Congressional Budg- I yield 2 minutes to the gentleman unfettered debt passed on to our chil- et Office ranks the stimulative effects from Illinois (Mr. DAVIS). dren and grandchildren. of unemployment benefits as one of the Mr. DAVIS of Illinois. Thank you, Again, Mr. HOYER this past summer most effective policies to increase Mr. Chairman, and I believe that the suggested we do just that. In June he growth and employment that they American people want to work. Those said, ‘‘If we have dollars not yet ex- have studied, and the President’s Coun- who are unemployed want a job. Those pended in the Recovery Act,’’ that they cil of Economic Advisers estimates who are out of work want employment should be ‘‘applied to’’ new spending that every dollar spent on unemploy- benefits. I don’t think that there is any like this. In July, 59 Democrats signed ment insurance benefits increases the excuse that can be given. There is no a letter saying: ‘‘Extending critical, gross domestic product by $1.60. Econo- reason that one can conjure up that economic investments is no more im- mists predict that without extended would say to a person who’s unem- portant than paying for them. America benefits, the economy will suffer, con- ployed, out of work, has no food, can’t is facing a debt crisis that is threat- sumer spending will fall by 0.5 percent, pay their mortgage, can’t enjoy the ening to undermine our economic and and economic growth will be reduced holidays, that there is a reason, espe- national security. We can no longer af- by almost 0.5 percent. cially since they have worked, that ford to exacerbate the problem because The SPEAKER pro tempore. The they can’t have benefits to get them the decisions about how to pay for time of the gentlewoman has expired. through this situation on an emer- what we spend are getting harder.’’ Mr. MCDERMOTT. I yield the gentle- gency basis. This one is fairly easy. We have a lady an additional 30 seconds. I am amazed, I am dumbfounded, I way to pay for it, and yet the majority Mrs. MALONEY. The facts and the can’t believe that I’m hearing what I’m chose to bring this to the floor unpaid numbers in the new JEC report make it hearing, that somehow or another the for, and without an opportunity to clear that extending this program ben- Democrats, in a technical sense, are even offer an amendment. efits those who need our help most, keeping individuals from getting un- So I ask our colleagues on the other benefits the larger economy, and thus employment benefits. I would hope side, Are you listening to the American benefits us all.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.044 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7573 I urge a ‘‘yes’’ vote on this bill. cies, some to pay salaries for school- street corner at the wrong time, and Mr. BOUSTANY. Madam Speaker, I teachers, some to pay salaries for po- now they’re getting mugged.’’ yield myself the balance of my time. licemen and firemen and local govern- He’s absolutely right. For us to pick Again I say, there was a way to pay ments, some to pay the States for Med- on the unemployment benefits as the for this. We have to be frank with the icaid. problem for this deficit, wait till we American people on this. Jobless bene- All this money is out there. Maybe have the debate on taxes on this floor fits have cost so far $319 billion, and some of it hasn’t yet been spent, but and I hear people whining and whining yet unemployment is still at 9.6 per- it’s allocated. Some of it is for con- around here about people making more cent; and we’ve seen really nothing struction projects. I suppose, just like than half a million dollars and we’ve coming from the other side who has that Governor in New Jersey who got to give them a tax cut. controlled the majority in the House, thinks it’s really politically smart to I urge my colleagues to vote for H.R. controlled the majority in the Senate, stop a public works project under the 6419. controlled the White House. We’ve seen Hudson River because then he can use Mr. VAN HOLLEN. Madam Speaker, I rise nothing to help small businesses get that money to pave potholes in New in strong support of this important legislation going again to hire. We’ve seen nothing Jersey, and he puts the construction to extend unemployment benefits through Feb- to promote competitiveness in the U.S. workers out of work all over the place. ruary 2011. economy. Their answer is to continue We must continue to help families who are b 1320 to extend unemployment benefits un- struggling to make ends meet. While we are paid for. Those infrastructure projects, you continuing to see encouraging signs of eco- Now there’s agreement. We’re not can’t spend all the money on the first nomic recovery, the unemployment rate re- disagreeing about extending the unem- day. It does take a little while to build mains too high. If we do not extend emer- ployment benefits at this time. We’re it, and you pay it out as you build it. gency unemployment benefits, approximately saying, let’s do it in a responsible way Now, you know that. Republicans are two million Americans—including 14,600 Mary- and pay for it. just being deceptive. They think be- landers—will lose those benefits by the end of It wasn’t always this way. This is the cause it still is there in the Treasury, February. ninth attempt to extend this program. it can be used for something else. Well, Many Americans remain out of work through And when Democrats passed their only it might have been committed for no fault of their own. Ending emergency un- paid-for unemployment insurance ex- something else. employment assistance will not only be dev- tender bill in November of 2009—the But not my Republican friends. This astating for these individuals and their fami- only one that was paid for—the Obama emergency that these 41⁄2 million peo- lies, but it will also hurt the economy as a administration hailed that ‘‘fiscally re- ple have over here who have no benefits whole by undermining consumer confidence sponsible approach to expanding unem- coming by the end of March, ‘‘You and demand. If individuals are unable to put ployment benefits,’’ adding that ‘‘fiscal folks understand that you shouldn’t food on the table and keep a roof over their responsibility is central to the me- worry about this. I mean, the Speaker heads, the entire economy could slip back into dium-term recovery of the economy will explain it to you that you just recession. In fact, the nonpartisan Congres- and the creation of jobs.’’ have to wait until we can find where sional Budget Office recently found that be- That was from the administration’s that money is in the budget.’’ cause unemployment benefits increase con- statement of policy about the Demo- This is an emergency for people who sumer demand and spending, previous exten- crats’ one paid-for UI extension bill, have no check coming. sions of unemployment insurance benefits in- which was H.R. 4548. There were 156 Re- We would all like this thing to be all creased both employment and job retention publicans who supported that Novem- over. There isn’t anybody on this floor, more than what it would have been otherwise ber 2009 bill. Republican or Democrat, who wouldn’t in 2009. By the administration’s own logic, like the mess that was created by the The President and Congress have been the Democrats’ latest fiscally irrespon- Bush administration to be over with. It working together to bring our economy back sible bill, H.R. 6419, which increases the isn’t. from the brink. However, there is much more deficit by an estimated $12 billion, un- And the problem is, a guy in my dis- work to do to create jobs and help put Ameri- dermines the medium-term recovery of trict said, you know, JIM, I can tell you cans back to work. the economy and the creation of jobs. what the problem with America is, and Madam Speaker, I urge my colleagues to The sad thing, Madam Speaker, is this: your Republican side has a bad dose of support this much-needed legislation. we could extend unemployment bene- this. He said, It’s the belief in the Ms. CORRINE BROWN of Florida. Madam fits and pay for it. This is not a hard microwave. If they have a problem, Speaker, I strongly support the extension of one. There are harder decisions coming they come down to the refrigerator. unemployment compensation. Indeed, there is with the debt that our country is fac- They open the refrigerator, pull some- no issue more important to our Nation right ing and economic uncertainty. Repub- thing out, close the refrigerator, open now than job creation. At a time when over 11 licans are ready to move forward and the microwave, throw it in, hit two percent of Florida residents are desperately get this country going again and re- buttons and wait 30 seconds and searching for employment and struggling to store American competitiveness, but I they’ve got lunch. They think every- survive, it is simply mind blowing that we are see our friends on the other side of the thing can be solved like that. not extending these benefits. aisle are up to their old ways. It took a long time for Mr. Bush to Never before has America turned its back I yield back the balance of my time. create the mess that we are now deal- on millions of American families as they strug- Mr. MCDERMOTT. Madam Speaker, I ing with, and it isn’t going to be over gled to make ends meet with this high level of yield myself the balance of my time. in 30 seconds like the microwave dinner unemployment. Yet the same Republicans, I have found that the other side is is. who want to increase our deficit by extending very adroit at finding some reason not And the fact is that you’ve got people massive tax breaks for the wealthiest Ameri- to do anything to help the middle who contradict you directly. The real cans, were willing to leave average Americans class. Now, there is plenty of evidence budget—no one’s going to ever accuse to fend for themselves and vote against this to suggest that the people in this coun- me of being a big budget warrior or a bill. try are not interested in cutting off deficit warrior. I’m no deficit hawk. Certainly, extending unemployment benefits food and housing and medical coverage But Bob Bixby, President of the Con- is not only good for the unemployed; it is also for people who are unemployed in this cord Coalition, that organization dedi- one of the best and fastest ways to stimulate country. And to use these arguments cated to eliminating Federal budget the economy. According to the Economic Pol- about, Oh, we’re going to get the deficits said, and I quote: ‘‘As a deficit icy Institute, unemployment benefits were re- money from the stimulus money, I defy hawk, I wouldn’t worry about extend- sponsible for creating more than 1 million jobs anybody on this floor at this moment ing unemployment benefits. It is not since the recession started, and adding almost to stand up and tell me where that going to add to the long-term struc- 2 percent to the gross domestic product. stimulus money is and what the impact tural deficit, and it does address a seri- Mr. DAVIS of Illinois. Madam Speaker, it is would be if you cut it because that ous need. I just feel like unemployment with strong conviction that I urge my col- money was allocated to various agen- benefits wandered into the wrong leagues to support this short-term extension of

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\K18NO7.048 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7574 CONGRESSIONAL RECORD — HOUSE November 18, 2010 critical unemployment benefits for our citizens. ployment compensation, then they will fall to are five applicants for every new job, the odds As our Nation and my state continue to strug- the next level of the social safety net, requiring are against them. For these individuals, the re- gle out of this recession, this bill will provide public housing assistance, seeking medical cession has most definitely not ended. vital assistance to almost 400,000 Illinoisans care in hospital emergency room, or turning to People call my office every day worried as we enter December. Failure to extend un- food shelves to put dinner on the table. about what will happen to them when they employment will directly affect approximately We have seen the proof that these benefits lose their unemployment benefits. As we ap- two million Americans, including 125,000 citi- significantly stimulate economic growth while proach the holiday season, we should not tell zens from Illinois. If policymakers vote to block making the difference in the lives of struggling these individuals that their country will no this critical lifeline, these 125,000 Illinoisans Americans. Economists from both sides of the longer support them in the midst of the worst living in a state with a 10.8 percent unemploy- aisle agree that unemployment benefits go di- economy since the Great Depression. We ment rate will experience incredible hardship. rectly into the economy, stimulating the kind of have never cut off support when the unem- Their time in unemployment has been difficult, activity that creates jobs. And we have never ployment rate was this high. We must not trying to find work when the jobs are few and before let federal emergency unemployment begin now. Unemployment benefits kept 3.3 far between, trying to cover food, housing, and expire while the unemployment rate is any- million Americans out of poverty in 2009, in- transportation for the families on an average where close to this high. cluding almost 1 million children. UI benefits of $290 a week, which typically replaces only I challenge my Republican colleagues who created two dollars of economic activity for half of the average family’s expenses. say this legislation is unaffordable to come to every dollar spent in 2009. Extending benefits A government is supposed to help its peo- the floor right now and tell me how they can protects families and stimulates the growth of ple in times of need. Failure to extend these pay to give the richest 2 percent of Americans our economy. benefits would be the first time since the un- $700 billion while holding this lifeline hostage. Congress has a responsibility to protect employment program’s inception that Con- Every single vote against this extension is a families struggling to find work. H.R. 6419 is a gress allowed such critical aid to lapse when vote to impoverish more American families. chance for us to fulfill that responsibility. I urge unemployment remained high for extended pe- Every single vote against this legislation is a all of my colleagues to side with American riods of time. It is not only these families who vote against economic growth. Every single workers and support this bill. will suffer, it is our businesses. The retail sec- vote against this bill is a vote against the mid- Mr. CONYERS. Madam Speaker, I rise in tor has been hard hit by this recession. Cut- dle class. support of the Emergency Unemployment Compensation Continuation Act which would ting unemployment benefits for two million Our economy will recover. But until our eco- extend emergency unemployment compensa- people will take a tremendous toll on these nomic growth is fully restored, I simply refuse tion and other benefits through February 2011. businesses as well. to abandon America’s families during their In addition to this short-term extension, I time of greatest need. Our government has always provided federal strongly support determining ways to help Mr. KUCINICH. Madam Speaker, I rise in unemployment benefits during economic those who remain unemployed beyond the 99 strong support of H.R. 6419, the Emergency downturns until the job market has rebounded. weeks currently covered. Long-term unem- Unemployment Compensation Continuation If Congress does not act, over two million un- employed workers will lose their benefits this ployment is an unfortunate reality for Chicago Act. holiday season. and for my constituents. Further, we should Madam Speaker, 14.8 million Americans are unemployed. A majority of them are workers Today, unemployment levels are unaccept- extend the TANF Emergency funds as well. ably high. In my home State of Michigan it is that endure historic long-term unemployment. This program directly helped over 26,000 indi- over 12 percent. In the past election, voters Economist Heidi Shierholz of the Economic viduals and close to 5,000 employers in Illinois overwhelmingly cited the economy and job Policy Institute (EPI) estimated that at the cur- by creating subsidized jobs program, a much- market as their highest concerns. It is highly rent pace of job growth, it would take twenty needed boost to the economy in the midst of ironic then that Republicans made electoral years for the country to return to its pre-reces- the worst recession in decades. This program gains even though they have blocked multiple sion rate of unemployment. The American put $9 million dollars into the pockets of hard attempts to extend the unemployment benefits people cannot afford to wait another 20 years working Illinoisans until Congress allowed it to and many other job creating bills. Further- for the country to fully recover from the long- lapse at the end of September. more, Republicans oppose today’s measure est recession it has experienced in seventy Passing this bill today tells our citizens that while providing unwavering support for perma- we are working for them. For these reasons, years. nent extension of Bush tax cuts for millionaires Some argue that passing unemployment I urge my colleagues to vote for its passage. and billionaires. Republicans are willing to give Ms. McCOLLUM. Madam Speaker, I rise benefits will add to the deficit and therefore a helping hand to the rich while ignoring the today in strong support of extending emer- should be opposed. Research tells us other- taxpaying American worker. It should be clear gency unemployment. This legislation, of wise. EPI estimates that the effect of the $65 to everyone where the Republican Party which I am a proud cosponsor, is a common billion spent on extending benefits through stands and who they will be willing to fight for. sense, non-controversial measure that will 2011 is actually ‘‘one of the most efficient Madam Speaker, with power comes respon- help American families. things that can be done to create new jobs’’ sibility. The Republicans won the election and The unemployment situation in our country and will increase the Gross Domestic Product now they have a responsibility to govern, in- is a national emergency. Over the past two (GDP) by ‘‘an estimated $104.7 billion.’’ This stead of simply saying ‘‘no’’ over and over years, millions of jobs have been lost as a re- increase in the GDP will translate into approxi- again. We simply cannot adjourn for Thanks- sult of the worst recession in 70 years, caused mately a half-million jobs. giving, a holiday that symbolizes gratitude and by Wall Street excesses and an unregulated Madam Speaker, it would be a disgrace for appreciation, while turning our back to our housing market. Millions of Americans are un- Congress to adjourn for the Thanksgiving neighbors in need. I urge my colleagues on employed today—but through no fault of their break without giving those who need our as- both sides of the aisle to come together in a own. Our neighbors, our friends, and our fami- sistance the help they deserve. This is not a show of compassion for our fellow citizens lies are the ones who agonize as the economy hand out. This is our responsibility. during this season of giving and support to- slowly recovers. We cannot afford to abandon Mr. STARK. Madam Speaker, I rise to sup- day’s legislation. the unemployed members of the American port the extension of emergency Unemploy- The SPEAKER pro tempore. The workforce, and I won’t stand by silently and ment Insurance (UI) benefits for the millions of question is on the motion offered by allow these lifelines to expire. American workers who are unable to find the gentleman from California (Mr. Unemployment benefits help millions of un- work. If the incoming majority is committed to LEVIN) that the House suspend the employed Americans help meet the basic extending tax cuts to increase the wealth of rules and pass the bill, H.R. 6419, as needs of rent, food, and transportation while millionaires, I certainly hope they are equally amended. they search for jobs. Any family receiving un- committed to helping Americans who have lost The question was taken. employment insurance would tell you that their jobs to stay in their homes and put food The SPEAKER pro tempore. In the these benefits do not provide for a luxurious on their tables over the holidays. opinion of the Chair, two-thirds being lifestyle without financial worries. These same UI benefits are a lifeline for millions of in the affirmative, the ayes have it. families would tell you that without these ben- Americans. Allowing these benefits to expire Mr. BOUSTANY. Madam Speaker, on efits, they will lose their home, lose their car, at the end of the month would mean that two that I demand the yeas and nays. and lose the ability to feed their children. If the million people will lose their income, including The yeas and nays were ordered. Federal Government does not assist these over 450,000 in my State of California. These The SPEAKER pro tempore. Pursu- out-of-work Americans with emergency unem- are people who want to work, but when there ant to clause 8 of rule XX and the

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.020 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7575 Chair’s prior announcement, further Hinojosa McGovern Sanchez, Loretta Stutzman Tiberi Wilson (SC) proceedings on this motion will be Hirono McIntyre Sarbanes Sullivan Turner Wu Hodes McNerney Schakowsky Terry Upton Young (AK) postponed. Holt Meek (FL) Schauer Thompson (PA) Walden Young (FL) Honda Meeks (NY) Schiff Thornberry Wamp f Hoyer Melancon Schrader Tiahrt Whitfield Inslee Michaud Schwartz NOT VOTING—27 TELEWORK ENHANCEMENT ACT OF Israel Miller (NC) Scott (GA) 2010 Jackson (IL) Miller, George Scott (VA) Barrett (SC) Delahunt Moran (VA) Jackson Lee Minnick Serrano Bilirakis Duncan Murphy, Patrick The SPEAKER pro tempore. Pursu- (TX) Mitchell Sestak Boozman Fallin Oberstar ant to clause 1(c) of rule XIX, pro- Johnson (GA) Mollohan Shea-Porter Broun (GA) Gallegly Price (NC) Johnson, E. B. Moore (KS) Brown (SC) Garamendi ceedings will resume on the motion to Sherman Radanovich Jones Moore (WI) Shuler Brown, Corrine Kennedy Space concur in the Senate amendment to Kagen Murphy (CT) Sires Brown-Waite, Kirk Watson Kanjorski Murphy (NY) the bill (H.R. 1722) to improve tele- Skelton Ginny Linder Westmoreland Kaptur Nadler (NY) Slaughter Coble McMahon working in executive agencies by de- Kildee Napolitano Smith (WA) Davis (KY) Moran (KS) veloping a telework program that al- Kilpatrick (MI) Neal (MA) Snyder Kilroy Nye lows employees to telework at least 20 Speier b 1352 Kind Obey percent of the hours worked in every 2 Spratt Kirkpatrick (AZ) Olver Mr. GRAVES of Missouri changed his Stark administrative workweeks, and for Kissell Ortiz vote from ‘‘yea’’ to ‘‘nay.’’ other purposes. Klein (FL) Owens Stupak Sutton Mrs. CAPITO changed her vote from The Clerk read the title of the bill. Kosmas Pallone Kratovil Pascrell Tanner ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. Pursu- Kucinich Pastor (AZ) Taylor So the motion was agreed to. ant to House Resolution 1721, the pre- Langevin Payne Teague The result of the vote was announced vious question is ordered. Larsen (WA) Perlmutter Thompson (CA) Thompson (MS) as above recorded. The question is on the motion offered Larson (CT) Perriello LaTourette Peters Tierney A motion to reconsider was laid on by the gentleman from Massachusetts Lee (CA) Peterson Titus the table. (Mr. LYNCH). Levin Pingree (ME) Tonko Stated against: The question was taken; and the Lewis (GA) Polis (CO) Towns Lipinski Pomeroy Tsongas Mr. BILIRAKIS. Madam Speaker, on rollcall Speaker pro tempore announced that Loebsack Quigley Van Hollen No. 578, had I been present, I would have the ayes appeared to have it. Lofgren, Zoe Rahall Vela´ zquez voted ‘‘no.’’ Mr. BOUSTANY. Madam Speaker, I Lowey Rangel Visclosky object to the vote on the ground that a Luja´ n Reichert Walz f Lynch Reyes Wasserman quorum is not present and make the Maffei Richardson Schultz EMERGENCY UNEMPLOYMENT point of order that a quorum is not Maloney Rodriguez Waters COMPENSATION CONTINUATION present. Markey (CO) Ross Watt Waxman ACT The SPEAKER pro tempore. Evi- Markey (MA) Rothman (NJ) Marshall Roybal-Allard Weiner The SPEAKER pro tempore. The un- dently a quorum is not present. Matheson Ruppersberger Welch finished business is the vote on the mo- Matsui Rush Wilson (OH) The Sergeant at Arms will notify ab- tion to suspend the rules and pass the sent Members. McCarthy (NY) Ryan (OH) Wittman McCollum Salazar Wolf bill (H.R. 6419) to amend the Supple- Pursuant to clause 8 of rule XX, this McCotter Sa´ nchez, Linda Woolsey mental Appropriations Act, 2008 to pro- 15-minute vote on concurring in the McDermott T. Yarmuth vide for the further extension of emer- Senate amendment to H.R. 1722 will be gency unemployment benefits, and for followed by 5-minute votes on sus- NAYS—152 Aderholt Gingrey (GA) McKeon other purposes, as amended, on which pending the rules with regard to H.R. the yeas and nays were ordered. 6419, S. 3774, H. Con. Res. 329, and H. Akin Gohmert McMorris Alexander Goodlatte Rodgers The Clerk read the title of the bill. Res. 1677. Austria Granger Mica The SPEAKER pro tempore. The Bachmann Graves (GA) Miller (FL) The vote was taken by electronic de- question is on the motion offered by vice, and there were—yeas 254, nays Bachus Graves (MO) Miller (MI) Bartlett Griffith Miller, Gary the gentleman from Michigan (Mr. 152, not voting 27, as follows: Barton (TX) Guthrie Murphy, Tim LEVIN) that the House suspend the [Roll No. 578] Berry Hall (TX) Myrick Biggert Harper Neugebauer rules and pass the bill, as amended. YEAS—254 Bishop (UT) Hastings (WA) Nunes This will be a 5-minute vote. Ackerman Castor (FL) Driehaus Blackburn Heller Olson The vote was taken by electronic de- Adler (NJ) Chandler Edwards (MD) Blunt Hensarling Paul vice, and there were—yeas 258, nays Altmire Childers Edwards (TX) Boehner Herger Paulsen Andrews Chu Ellison Bonner Hoekstra Pence 154, not voting 22, as follows: Arcuri Clarke Ellsworth Bono Mack Holden Petri [Roll No. 579] Baca Clay Engel Boustany Hunter Pitts Baird Cleaver Eshoo Brady (TX) Inglis Platts YEAS—258 Baldwin Clyburn Etheridge Burgess Issa Poe (TX) Ackerman Carney Dent Barrow Cohen Farr Burton (IN) Jenkins Posey Adler (NJ) Carson (IN) Deutch Bean Connolly (VA) Fattah Buyer Johnson (IL) Price (GA) Altmire Castle Diaz-Balart, L. Becerra Conyers Filner Calvert Johnson, Sam Putnam Andrews Castor (FL) Diaz-Balart, M. Berkley Cooper Forbes Camp Jordan (OH) Rehberg Arcuri Chandler Dicks Berman Costa Fortenberry Campbell King (IA) Roe (TN) Baca Childers Dingell Bilbray Costello Foster Cantor King (NY) Rogers (AL) Baird Chu Doggett Bishop (GA) Courtney Frank (MA) Carter Kingston Rogers (KY) Baldwin Clarke Donnelly (IN) Bishop (NY) Critz Fudge Cassidy Kline (MN) Rogers (MI) Barrow Clay Doyle Blumenauer Crowley Giffords Castle Lamborn Rohrabacher Bean Cleaver Driehaus Boccieri Cuellar Gonzalez Chaffetz Lance Rooney Becerra Clyburn Edwards (MD) Boren Cummings Gordon (TN) Coffman (CO) Latham Ros-Lehtinen Berkley Cohen Edwards (TX) Boswell Dahlkemper Grayson Cole Latta Roskam Berman Connolly (VA) Ehlers Boucher Davis (AL) Green, Al Conaway Lee (NY) Royce Bilbray Conyers Ellison Boyd Davis (CA) Green, Gene Crenshaw Lewis (CA) Ryan (WI) Bishop (GA) Costa Ellsworth Brady (PA) Davis (IL) Grijalva Culberson LoBiondo Scalise Bishop (NY) Costello Engel Braley (IA) Davis (TN) Gutierrez Diaz-Balart, L. Lucas Schmidt Blumenauer Courtney Eshoo Bright DeFazio Hall (NY) Diaz-Balart, M. Luetkemeyer Schock Boccieri Critz Etheridge Buchanan DeGette Halvorson Dreier Lummis Sensenbrenner Boren Crowley Farr Butterfield DeLauro Hare Ehlers Lungren, Daniel Sessions Boswell Cuellar Fattah Cao Dent Harman Emerson E. Shadegg Boucher Cummings Filner Capito Deutch Hastings (FL) Flake Mack Shimkus Brady (PA) Dahlkemper Foster Capps Dicks Heinrich Fleming Manzullo Shuster Braley (IA) Davis (AL) Frank (MA) Capuano Dingell Herseth Sandlin Foxx Marchant Simpson Butterfield Davis (CA) Fudge Cardoza Djou Higgins Franks (AZ) McCarthy (CA) Smith (NE) Capps Davis (IL) Garamendi Carnahan Doggett Hill Frelinghuysen McCaul Smith (NJ) Capuano DeFazio Gerlach Carney Donnelly (IN) Himes Garrett (NJ) McClintock Smith (TX) Cardoza DeGette Giffords Carson (IN) Doyle Hinchey Gerlach McHenry Stearns Carnahan DeLauro Gonzalez

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.051 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7576 CONGRESSIONAL RECORD — HOUSE November 18, 2010 Gordon (TN) Maffei Ross Fortenberry Lucas Rogers (KY) Had I been present to vote on rollcall No. Grayson Maloney Rothman (NJ) Foxx Luetkemeyer Rogers (MI) Green, Al Manzullo Roybal-Allard Franks (AZ) Lummis Rohrabacher 579, on the motion to suspend the rules and Green, Gene Markey (CO) Ruppersberger Frelinghuysen Lungren, Daniel Rooney agree to H.R. 6419, I would have voted ‘‘aye’’ Grijalva Markey (MA) Rush Garrett (NJ) E. Roskam on the question. Gutierrez Marshall Ryan (OH) Gingrey (GA) Mack Royce Hall (NY) Matheson Salazar Gohmert Marchant Ryan (WI) f Halvorson Matsui Sa´ nchez, Linda Goodlatte McCarthy (CA) Scalise Hare McCarthy (NY) T. Granger McCaul Schmidt Harman McCollum Sanchez, Loretta Graves (GA) McClintock Schock COMMUNICATION FROM THE Hastings (FL) McCotter Sarbanes Graves (MO) McHenry Sensenbrenner CLERK OF THE HOUSE Heinrich McDermott Schakowsky Griffith McKeon Sessions Heller McGovern Schauer Guthrie McMorris Shadegg The SPEAKER laid before the House Herseth Sandlin McIntyre Schiff Hall (TX) Rodgers Shimkus the following communication from the Higgins McNerney Schrader Harper Mica Shuler Clerk of the House of Representatives: Himes Meek (FL) Schwartz Hastings (WA) Miller (FL) Shuster Hinchey Meeks (NY) Scott (GA) Hensarling Miller (MI) Simpson OFFICE OF THE CLERK, Hinojosa Melancon Scott (VA) Herger Miller, Gary Smith (NE) HOUSE OF REPRESENTATIVES, Hirono Michaud Serrano Hill Minnick Smith (TX) Washington, DC, November 5, 2010. Hodes Miller (NC) Sestak Hoekstra Myrick Stearns Hon. NANCY PELOSI, Holden Miller, George Shea-Porter Hunter Neugebauer Stutzman The Speaker, House of Representatives, Wash- Holt Mitchell Sherman Inglis Nunes Sullivan ington, DC. Honda Mollohan Sires Issa Nye Taylor Hoyer Moore (KS) Skelton Jenkins Olson Thompson (PA) DEAR MADAM SPEAKER: I have the honor to Inslee Moore (WI) Slaughter Johnson, Sam Paul Thornberry transmit herewith a facsimile copy of a let- Israel Murphy (CT) Smith (NJ) Jordan (OH) Paulsen Tiahrt ter received from Mr. Todd D. Valentine and Jackson (IL) Murphy (NY) Smith (WA) King (IA) Pence Tiberi Mr. Robert A. Brehm, Co-Executive Direc- Jackson Lee Murphy, Patrick Snyder King (NY) Peterson Upton tors of the New York State Board of Elec- (TX) Murphy, Tim Speier Kingston Petri Walden tions, indicating that, according to the unof- Johnson (GA) Nadler (NY) Spratt Kline (MN) Pitts Wamp ficial returns of the Special Election held Johnson (IL) Napolitano Stark Lamborn Poe (TX) Whitfield Johnson, E. B. Neal (MA) Stupak Lance Price (GA) Wilson (SC) November 2, 2010, the Honorable Tom Reed Jones Oberstar Sutton Latham Putnam Wittman was elected Representative to Congress for Kagen Obey Tanner Latta Rehberg Wolf the Twenty-Ninth Congressional District, Kanjorski Olver Teague Lee (NY) Roe (TN) Young (AK) State of New York. Kaptur Ortiz Thompson (CA) Lewis (CA) Rogers (AL) Young (FL) With best wishes, I am Kildee Owens Thompson (MS) Sincerely, Kilpatrick (MI) Pallone Tierney NOT VOTING—22 LORRAINE C. MILLER, Kilroy Pascrell Titus Barrett (SC) Delahunt McMahon Clerk. Kind Pastor (AZ) Tonko Boozman Duncan Moran (KS) Kirkpatrick (AZ) Payne Towns Brown (SC) Fallin Moran (VA) Enclosure. Kissell Pelosi Tsongas Brown, Corrine Gallegly Radanovich STATE OF NEW YORK, Klein (FL) Perlmutter Turner Brown-Waite, Kennedy Space STATE BOARD OF ELECTIONS, Kosmas Perriello Van Hollen Ginny Kirk Terry Albany, NY, November 5, 2010. ´ Kratovil Peters Velazquez Coble Linder Westmoreland Hon. LORRAINE C. MILLER, Kucinich Pingree (ME) Visclosky Davis (KY) Lynch Clerk, House of Representatives, Langevin Platts Walz Larsen (WA) Polis (CO) Wasserman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The Capitol, Washington, DC. Larson (CT) Pomeroy Schultz The SPEAKER pro tempore (during DEAR MS. MILLER: This is to advise you LaTourette Posey Waters the vote). There are 2 minutes remain- that the unofficial results of the Special Lee (CA) Price (NC) Watson ing in this vote. Election held on Tuesday, November 2, 2010, Levin Quigley Watt for Representative in Congress from the Lewis (GA) Rahall Waxman b 1401 Twenty-Ninth Congressional District of New Lipinski Rangel Weiner York, show that Thomas W. Reed, II received LoBiondo Reichert Welch So (two-thirds not being in the af- 96,078 and that Matthew C. Zeller received Loebsack Reyes Wilson (OH) firmative) the motion was rejected. Lofgren, Zoe Richardson Woolsey The result of the vote was announced 73,498 of the total number of votes cast for Lowey Rodriguez Wu that office. Luja´ n Ros-Lehtinen Yarmuth as above recorded. It would appear from these unofficial re- Stated for: sults that Thomas W. Reed, II was elected as NAYS—154 Mr. MORAN of Virginia. Madam Speaker, Representative in Congress from the Twen- Aderholt Bono Mack Carter on rollcall No. 579 I was unavoidably delayed. ty-Ninth Congressional District of New Akin Boustany Cassidy Had I voted, I would have voted ‘‘aye.’’ York. Alexander Boyd Chaffetz To the best of our knowledge and belief at Austria Brady (TX) Coffman (CO) f this time, there is no contest to this elec- Bachmann Bright Cole PERSONAL EXPLANATION Bachus Broun (GA) Conaway tion. Bartlett Buchanan Cooper Mr. KENNEDY. Madam Speaker, I regret As soon as official results are certified to Barton (TX) Burgess Crenshaw that I was unable to participate in a series of this office by all county boards in the Twen- Berry Burton (IN) Culberson votes on the floor of the House of Representa- ty-Ninth Congressional District in New York Biggert Buyer Davis (TN) involved, an official Certification of Election Bilirakis Calvert Djou tives today. will be prepared for transmittal as required Bishop (UT) Camp Dreier Had I been present to vote on rollcall No. by law. Blackburn Campbell Emerson 578, on the motion to agree to the Senate Blunt Cantor Flake Sincerely, Boehner Cao Fleming amendment to H.R. 1722, I would have voted ROBERT A. BREHM. Bonner Capito Forbes ‘‘aye’’ on the question. TODD D. VALENTINE. 29th CONGRESSIONAL DISTRICT UNEXPIRED TERM

Matthew C. Thomas W. Thomas W. Thomas W. Matthew C. Zeller Reed, II Reed, II Reed, II Zeller BVS County Blank Void Scattering Subtotal Total DEM REP IND CON WOR

Allegany ...... 3,287 6,274 255 564 343 0 0 0 0 10,723 Cattaraugus ...... 6,117 9,654 619 1,276 667 0 0 0 0 18,333 Chemung ...... 8,978 10,062 459 865 683 0 0 O 0 21,047 Schuyler ...... 1,975 2,925 0 399 295 0 0 0 0 5,594 Steuben ...... 9,630 12,197 496 1,149 975 0 0 0 0 24,447 Yates ...... 2,360 2,842 137 384 232 0 0 0 0 5,955 Part of Monroe ...... 28,127 27,114 2,097 5,367 2,143 0 0 0 0 64,848 Part of Ontario ...... 7,219 9,154 503 1,286 467 0 0 0 0 18,629 Total ...... 67,693 80,222 4,566 11,290 5,805 0 0 0 0 169,576 RECAP ...... 73,498 96,078

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.023 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7577 SWEARING IN OF THE HONORABLE family and friends. Without them, I [Roll No. 580] TOM REED, OF NEW YORK, AS A would not be here. YEAS—366 MEMBER OF THE HOUSE I would also like to look to Heaven Ackerman Doyle Lee (NY) Mr. KING of New York. Madam and hope my mother and father are Aderholt Dreier Levin proud and will guide me and us in this Adler (NJ) Driehaus Lewis (CA) Speaker, I ask unanimous consent that Akin Edwards (MD) Lewis (GA) the gentleman from New York, the new endeavor. Alexander Edwards (TX) Lipinski As we begin this journey, the time Honorable TOM REED, be permitted to Altmire Ehlers LoBiondo for talk has come and gone. The cam- Andrews Ellison Loebsack take the oath of office today. Austria Ellsworth Lofgren, Zoe His certificate of election has not ar- paigns are over, and the American peo- ple have spoken. Now is the time for Baca Emerson Lowey rived, but there is no contest and no Bachmann Engel Lucas question has been raised with regard to service. Bachus Eshoo Luetkemeyer And though we may have our dif- Baldwin Etheridge Luja´ n his election. ferences, let us invoke the spirit of Barrow Farr Lummis The SPEAKER. Is there objection to Bartlett Fattah Lungren, Daniel those who stood in this very Chamber the request of the gentleman from New Barton (TX) Filner E. to solve the perils of our Nation’s past Becerra Fleming Lynch York? Berkley Forbes Maffei There was no objection. and, through our vigorous debate, com- plete our work so our Nation will rise Berman Fortenberry Maloney The SPEAKER. Will Representative- Berry Foster Manzullo to a greatness not yet seen on the face elect REED and the members of the New Biggert Frank (MA) Marchant York delegation present themselves in of the Earth. Our debate should always Bilbray Frelinghuysen Markey (CO) be dynamic, and while we may disagree Bilirakis Fudge Markey (MA) the well. Bishop (GA) Garamendi Marshall Mr. REED appeared at the bar of the at times, we shall at all times conduct Bishop (NY) Gerlach Matheson House and took the oath of office, as ourselves with humility and civility to- Bishop (UT) Giffords Matsui follows: ward all. Blackburn Gohmert McCarthy (CA) Though we may appear on occasion Blumenauer Gonzalez McCarthy (NY) Do you solemnly swear or affirm that Blunt Goodlatte McCaul you will support and defend the Con- to be rivals in this Chamber, I pledge Boccieri Gordon (TN) McCollum stitution of the United States against to you and let us always remember and Boehner Granger McCotter Bonner Graves (MO) McDermott all enemies, foreign and domestic; that pledge to each other that we are for- ever countrymen, who proudly swear Bono Mack Grayson McGovern you will bear true faith and allegiance Boren Green, Al McIntyre to the same; that you take this obliga- allegiance to our flag and will forever Boswell Green, Gene McKeon stand united against all enemies, for- Boucher Grijalva McMorris tion freely, without any mental res- Boustany Guthrie Rodgers ervation or purpose of evasion; and eign and domestic, so help us God. Finally, it is with great pride that I Boyd Gutierrez McNerney that you will well and faithfully dis- Brady (PA) Hall (NY) Meek (FL) join this institution thanks to the peo- charge the duties of the office on which Brady (TX) Hall (TX) Meeks (NY) ple of New York’s 29th Congressional Braley (IA) Halvorson Melancon you are about to enter, so help you District. Over the last 2 years, I have Bright Hare Mica God. Buchanan Harman Michaud The SPEAKER. Congratulations, you heard your concerns, and I will rep- Burton (IN) Hastings (FL) Miller (MI) resent you with all my heart, all my Butterfield Hastings (WA) Miller (NC) are now a Member of the 111th Con- Calvert Heinrich Miller, George gress. mind, and all my soul. I promise to serve you with dignity and dedication Camp Heller Minnick f Cantor Hensarling Mitchell as we restore the opportunity for suc- Cao Herseth Sandlin Mollohan WELCOMING THE HONORABLE TOM cess that every American deserves. Capito Higgins Moore (KS) REED TO THE HOUSE OF REP- Thank you, and I am so proud to call Capps Hill Moore (WI) Capuano Himes Murphy (CT) RESENTATIVES each and every one of you friends and Cardoza Hinchey Murphy, Patrick The SPEAKER. Without objection, colleagues. Carnahan Hinojosa Murphy, Tim f Carney Hirono Myrick the gentleman from New York is recog- Carson (IN) Hodes Nadler (NY) nized for 1 minute. ANNOUNCEMENT BY THE SPEAKER Carter Hoekstra Napolitano There was no objection. Cassidy Holden Neal (MA) The SPEAKER. Under clause 5(d) of Mr. KING of New York. Thank you, Castle Holt Neugebauer rule XX, the Chair announces to the Castor (FL) Honda Nunes Madam Speaker. House that, in light of the administra- Chandler Hoyer Nye I can’t imagine an any more delicate tion of the oath to the gentleman from Childers Inglis Oberstar moment to be sworn into Congress Chu Inslee Obey New York, the whole number of the than when 434 Members are looking to Clarke Israel Olson House is 435. Clay Jackson (IL) Olver leave, but if anyone is prepared for it, Cleaver Jackson Lee Ortiz it is TOM REED. f Clyburn (TX) Owens TOM REED is well prepared to be in SOCIAL SERVICES BLOCK GRANTS Cohen Johnson (GA) Pallone Cole Johnson (IL) Pascrell the House of Representatives. He was The SPEAKER pro tempore (Ms. Conaway Johnson, E. B. Pastor (AZ) raised with 11 other children. He knows DEGETTE). Without objection, 5-minute Connolly (VA) Johnson, Sam Paul what turbulence is all about, and he is voting will continue. Conyers Jones Paulsen extremely, extremely well qualified. He Costa Kagen Payne There was no objection. Costello Kanjorski Pence is a former practicing attorney, a busi- The SPEAKER pro tempore. The un- Courtney Kaptur Perlmutter nessman, a mayor, and an absolutely finished business is the vote on the mo- Crenshaw Kennedy Perriello dedicated man in his community. He is Critz Kildee Peters tion to suspend the rules and pass the Crowley Kilpatrick (MI) Pitts a good friend of all of ours and of Amo bill (S. 3774) to extend the deadline for Cuellar Kilroy Platts Houghton’s. Social Services Block Grant expendi- Culberson Kind Poe (TX) He is here today with his wife, Jean, tures of supplemental funds appro- Cummings King (IA) Polis (CO) and with his children, Will and Au- Dahlkemper King (NY) Pomeroy priated following disasters occurring in Davis (AL) Kirkpatrick (AZ) Posey tumn—beautiful children, a beautiful 2008, on which the yeas and nays were Davis (CA) Kissell Price (NC) family. ordered. Davis (IL) Klein (FL) Quigley Without any further adieu, I am real- The Clerk read the title of the bill. DeFazio Kline (MN) Rahall ly proud and privileged to present to DeGette Kosmas Rangel The SPEAKER pro tempore. The DeLauro Kratovil Reed you the newest Congressman from the question is on the motion offered by Dent Kucinich Rehberg State of New York, Mayor TOM REED. the gentleman from Washington (Mr. Deutch Lance Reichert Mr. REED. I thank you, Madam MCDERMOTT) that the House suspend Diaz-Balart, L. Langevin Reyes Diaz-Balart, M. Larsen (WA) Richardson Speaker, for welcoming me to this the rules and pass the bill. Dicks Larson (CT) Rodriguez Chamber, and thank you, Congressman This will be a 5-minute vote. Dingell Latham Roe (TN) KING, for introducing me to the House. The vote was taken by electronic de- Djou LaTourette Rogers (KY) I would like to thank my wife, Jean; vice, and there were—yeas 366, nays 40, Doggett Latta Rogers (MI) Donnelly (IN) Lee (CA) Rohrabacher my children, Autumn and Will; and my not voting 28, as follows:

VerDate Mar 15 2010 06:28 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.057 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7578 CONGRESSIONAL RECORD — HOUSE November 18, 2010 Rooney Shuler Turner would have voted: On rollcall No. 576—‘‘no’’— b 1420 Roskam Shuster Upton on ordering the previous question—H. Res. Ross Sires Van Hollen UNITED STATES-CHINA ECONOMIC Rothman (NJ) Skelton Vela´ zquez 1722, providing for the consideration of the AND SECURITY REVIEW COMMIS- Roybal-Allard Smith (NE) Visclosky Senate amendment to H.R. 1722, the SION Ruppersberger Smith (NJ) Walden Telework Enforcement Act; on rollcall No. Rush Smith (TX) Walz 577—‘‘no’’—on agreeing to the resolution—H. The SPEAKER pro tempore (Mr. Ryan (OH) Smith (WA) Wamp Ryan (WI) Snyder HIMES). Pursuant to section 1238(b)(3) Wasserman Res. 1722, providing for the consideration of Salazar Space of the Floyd D. Spence National De- Schultz the Senate amendment to H.R. 1722, the Sanchez, Loretta Speier Waters Telework Enhancement Act; on rollcall No. fense Authorization Act for Fiscal Year Sarbanes Spratt 2001 (22 U.S.C. 7002), as amended, and Scalise Stark Watson 578—‘‘no’’—H.R. 1722, Telework Improve- Schakowsky Stupak Watt ments Act; On rollcall No. 579—‘‘no’’—H.R. the order of the House of January 6, Waxman Schauer Sullivan 6419, Emergency Unemployment Compensa- 2009, the Chair announces the Speak- Schiff Tanner Weiner er’s reappointment of the following Schmidt Taylor Welch tion Continuation Act; on rollcall No. 580— Schock Teague Whitfield ‘‘yes’’—S. 3774, to extend the deadline for So- member on the part of the House to the Schrader Thompson (CA) Wilson (OH) cial Services Block Grant expenditures of sup- United States-China Economic and Se- Schwartz Thompson (MS) Wilson (SC) plemental funds appropriated following disas- curity Review Commission, effective Scott (GA) Thompson (PA) Wittman January 1, 2011: Scott (VA) Thornberry ters occurring in 2008. Wolf Mr. Michael Wessel, Falls Church, Serrano Tiberi Woolsey Sessions Tierney Wu f Virginia. Sestak Titus Yarmuth f Shea-Porter Tonko Young (AK) Sherman Towns Young (FL) VACATING ORDERING OF YEAS REPEAL FORM 1099 REQUIREMENT Shimkus Tsongas AND NAYS ON HOUSE CONCUR- (Mr. THOMPSON of Pennsylvania NAYS—40 RENT RESOLUTION 329, RECOG- asked and was given permission to ad- Arcuri Graves (GA) Murphy (NY) NIZING 35TH ANNIVERSARY OF dress the House for 1 minute and to re- Baird Harper Peterson THE EDUCATION FOR ALL Bean Herger vise and extend his remarks.) Petri HANDICAPPED CHILDREN ACT Broun (GA) Hunter Price (GA) Mr. THOMPSON of Pennsylvania. Campbell Issa Royce Mr. HASTINGS of Florida. Madam Mr. Speaker, the Small Business Ad- Chaffetz Jenkins Sensenbrenner ministration’s chief counsel for advo- Coffman (CO) Jordan (OH) Speaker, I ask unanimous consent that Shadegg cacy, Winslow Sargeant, testified Cooper Kingston Simpson the ordering of the yeas and nays be Davis (TN) Lamborn Stearns vacated with respect to the motion to today in the Senate that the form 1099 Flake Mack Stutzman requirement of the health care bill Foxx McClintock suspend the rules and adopt House Con- Tiahrt Franks (AZ) McHenry current Resolution 329 to the end that should be repealed. As a cosponsor of Garrett (NJ) Miller (FL) Westmoreland the motion be considered as adopted in H.R. 5141, a bill by Congressman DAN Gingrey (GA) Moran (VA) the form considered by the House on LUNGREN to repeal that section, this NOT VOTING—28 Tuesday, November 16, 2010. was music to my ears. Barrett (SC) Delahunt Pingree (ME) The SPEAKER pro tempore. Is there In his testimony before the Senate Boozman Duncan Putnam objection to the request of the gen- Small Business and Entrepreneurship Brown (SC) Fallin Radanovich tleman from Florida? Committee, Sargeant said, ‘‘The form Brown, Corrine Gallegly Rogers (AL) 1099 requirement will greatly increase Brown-Waite, Griffith Ros-Lehtinen There was no objection. Ginny Kirk Sa´ nchez, Linda Accordingly (two-thirds being in the the reporting and recordkeeping bur- Burgess Linder T. affirmative) the rules were suspended dens on small businesses.’’ As part of Buyer McMahon Slaughter the health care bill, this section re- Coble Miller, Gary Sutton and the concurrent resolution was Davis (KY) Moran (KS) Terry agreed to. quires small businesses to issue an In- ternal Revenue Service form 1099 to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE A motion to reconsider was laid on the table. any individual or corporation from The SPEAKER pro tempore (during which they purchase more than $600 in the vote). There are 2 minutes remain- f goods or services. Mr. Sargeant went ing in this vote. on to cite a recent study by his office b 1417 that indicated that firms with fewer VACATING ORDERING OF YEAS than 20 employees pay $10,585 per em- Messrs. ROYCE and MCHENRY AND NAYS ON HOUSE RESOLU- ployee on average to comply with Fed- changed their vote from ‘‘yea’’ to TION 1677, CONDEMNING BUR- eral regulations. And we wonder why ‘‘nay.’’ MESE REGIME’S UNDEMOCRATIC small businesses aren’t hiring. So (two-thirds being in the affirma- ELECTIONS It’s time to repeal this burden and to tive) the rules were suspended and the Mr. HASTINGS of Florida. Madam work to get government regulations off bill was passed. Speaker, I ask unanimous consent that the backs of our job creators. The true The result of the vote was announced the ordering of the yeas and nays be economic stimulus is the small busi- as above recorded. vacated with respect to the motion to nesses of this Nation, and they need A motion to reconsider was laid on suspend the rules and adopt House Res- our help. the table. olution 1677 to the end that the motion f f be considered as adopted in the form SPECIAL ORDERS considered by the House on Wednesday, PERSONAL EXPLANATION November 17, 2010. The SPEAKER pro tempore (Mr. Ms. CORRINE BROWN of Florida. Madam The SPEAKER pro tempore. Is there POLIS). Under the Speaker’s announced Speaker, during debate on H.R. 1722, H.R. objection to the request of the gen- policy of January 6, 2009, and under a 6419 and S. 3774, I was unavoidably de- tleman from Florida? previous order of the House, the fol- tained, and unable to make the votes. Had I There was no objection. lowing Members will be recognized for been present, I would have voted the fol- Accordingly (two-thirds being in the 5 minutes each. lowing: rollcall No. 578, ‘‘yes’’; rollcall 579, affirmative) the rules were suspended f ‘‘yes’’; rollcall 580, ‘‘yes.’’ and the resolution, as amended, was The SPEAKER pro tempore. Under a f agreed to. previous order of the House, the gen- The title of the resolution was tleman from Indiana (Mr. BURTON) is PERSONAL EXPLANATION amended so as to read: ‘‘Condemning recognized for 5 minutes. Mr. DAVIS of Kentucky. Madam Speaker, the Burmese regime’s undemocratic (Mr. BURTON of Indiana addressed on Thursday, November 18, 2010, I was un- elections on November 7, 2010.’’ the House. His remarks will appear able to participate in all of the day’s votes due A motion to reconsider was laid on hereafter in the Extensions of Re- to a family emergency. Had I been present I the table. marks.)

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.018 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7579 HONORING THE SACRIFICE OF joy, knowing that he was the person woman from California (Ms. WOOLSEY) LIEUTENANT BRENDAN LOONEY that he was, and I can’t describe,’’ she is recognized for 5 minutes. AND LANCE CORPORAL TERRY went on, ‘‘how proud we are of him. We Ms. WOOLSEY. Mr. Speaker, the HONEYCUTT knew him as the type of person that 111th Congress has been an astounding f was ready, willing, and waiting to do success, but throughout the last 2 The SPEAKER pro tempore. Under a anything for anybody.’’ years, when we have failed to pass good previous order of the House, the gen- He did that for his country, for all of laws, it’s usually because our col- us who serve in this Chamber, for every tleman from Maryland (Mr. HOYER) is leagues on the other side of the Capitol recognized for 5 minutes. one of our fellow citizens. have stood in the way of our progress, Mr. HOYER. Mr. Speaker, I rise for a These two irreplaceable lives are proudly engaging in stubborn obstruc- sad occasion, but an appropriate occa- among the latest costs of a war that tionism. has lasted more than 9 years. This is sion. I rise to pay tribute to two proud The Senate is where good legislation not the time or place to speak about natives of Maryland who lost their that war’s future or its end. goes to die. So I guess we shouldn’t be lives in Afghanistan this fall, Navy But I ask my colleagues only this: surprised that it remains so right down Lieutenant Brendan Looney of Owings We must remember that its costs are to the final days of our session. and Marine Lance Corporal Terry measured in lives like Brendan’s and It appears now that there may not be Honeycutt of Waldorf. I attended both Terry’s, and treat every debate and enough Republican votes to ratify the of their burials at Arlington Cemetery. every decision about this war with a New START Treaty, which would make As I say, it was a mixture of deep sad- gravity that honors those two souls huge strides towards reducing the ness to lose these two young, extraor- and the souls who have also been lost threat of nuclear destruction. dinarily capable, patriotic Americans, and who currently serve. This is distressing news, Mr. Speak- to be with their families, to learn what In closing, Mr. Speaker, I want to er. After years of negligence on nuclear committed young men they were. At offer my deep sympathy for the fami- issues, the New START could finally the same time, to be filled with pride lies who have lost so much: To Lieu- put us on a course toward the eventual that America has people like these two tenant Looney’s wife, Amy; to his par- elimination of all nuclear weapons. It brave souls, willing to give their lives ents, Kevin and Maureen; to his broth- would drastically reduce the size of nu- in the defense of freedom and justice ers, Billy and Steve; and to his sisters, clear arsenals here in the United and democracy and the safety and se- Erin, Kellie and Briget; and to Lance States and in Russia. It would improve curity of our people. I know that the Corporal Honeycutt’s parents, Terry our access to Russian nuclear facili- grief their family feels is still fresh and and Christine; his sister, Dawn; and to ties, which we’ve been unable to in- that nothing can replace the loss they his sister’s husband, who currently spect since the expiration of the origi- have suffered. But I want them to serves as a member of the United nal START treaty nearly a year ago. know the honor and awe in which we States Marines; and to all the grand- And it would put our relationship with hold their sons’ sacrifices. parents, great-grandparents, aunts, and Russia on more solid footing, enhanc- Now it is our responsibility to keep uncles whom we join in mourning the ing bilateral cooperation on a host of their names, their memories, and their loss of these two brave, patriotic, ex- issues. examples alive. Lieutenant Looney, a traordinary Americans. May God rest In the words of the chair of the Sen- their souls and give strength and peace 29-year-old Navy SEAL, died with nine ate Foreign Relations Committee, Mr. to their families. other American servicemembers in a KERRY, he said, and I quote him: ‘‘Rati- helicopter crash in southern Afghani- f fying New START is not a political stan. Most of you read about that inci- The SPEAKER pro tempore. Under a choice; it’s a national security impera- dent. He was a star lacrosse player at previous order of the House, the gen- tive.’’ the Naval Academy and then chose to tleman from Texas (Mr. POE) is recog- But apparently, Mr. Speaker, some nized for 5 minutes. complete the grueling training re- over in the other Chamber aren’t (Mr. POE of Texas addressed the quired to become a Navy SEAL. Lieu- moved by national security impera- tenant Looney was recognized as the House. His remarks will appear here- after in the Extensions of Remarks.) tives. For them, 1,550 strategic war- Honor Man, or top member of his SEAL heads, the level mandated by New class. And just 48 hours after marrying f START, isn’t a sufficient arsenal, even his wife, Amy, he deployed to Iraq. He The SPEAKER pro tempore. Under a though 1,550 strategic warheads is served four deployments, four deploy- previous order of the House, the gen- enough to blow up the world several ments in Iraq and Afghanistan and tleman from Massachusetts (Mr. times over. The only way they know to tragically died just 2 weeks before he FRANK) is recognized for 5 minutes. deal with national security, it appears, (Mr. FRANK of Massachusetts ad- was to return home from that fourth is to send thousands of American dressed the House. His remarks will ap- deployment. He is buried next to his troops to die in failed wars that carry pear hereafter in the Extensions of Re- Naval Academy roommate and best a combined price tag of over $1 trillion. friend, First Lieutenant Travis marks.) New START isn’t perfect. I wish it Manion, who died in Iraq in 2007. f were less incremental and more ambi- Lance Corporal Honeycutt, the other The SPEAKER pro tempore. Under a young man to whom I referred, died at tious. I wish it embraced more of the previous order of the House, the gen- principles contained in my resolution, the age of 19 in the blast of an impro- tleman from New Jersey (Mr. GARRETT) which is called ‘‘Nonproliferation Op- vised explosive device in Helmand is recognized for 5 minutes. tions for Nuclear Understanding to province, Afghanistan. As long as his (Mr. GARRETT of New Jersey) ad- parents could remember, their son dressed the House. His remarks will ap- Keep Everyone Safe,’’ or ‘‘NO NUKES’’ wanted to be a marine. He stood out for pear hereafter in the Extensions of Re- for short. NO NUKES would move more his commitment in his high school marks.) aggressively toward complete nuclear Junior ROTC program, and on grad- global disarmament, which was exactly f the long-term goal we committed to as uating, he met his goal. Sadly, his life The SPEAKER pro tempore. Under a was cut far too short. But all those who a Nation when we signed the Nuclear previous order of the House, the gen- Non-Proliferation Treaty 40 years ago. remember Lance Corporal Honeycutt tleman from California (Mr. SCHIFF) is But New START is most definitely speak of a man who lived to serve his recognized for 5 minutes. country and who embodied the ma- (Mr. SCHIFF addressed the House. consistent with the SMART Security rines’ deepest ideals of service, sac- His remarks will appear hereafter in platform I laid out from this podium so rifice, and inner strength. the Extensions of Remarks.) many times, Mr. Speaker. Specifically, it advances the idea that we make the b 1430 THE ‘‘START’’ OF MORE world safer, not through violence, not In the words of his mother Christine, OBSTRUCTION through acts of war and weapons esca- whom I talked to Monday this week, The SPEAKER pro tempore. Under a lation, but through diplomacy, co- ‘‘We have so much honor and pride and previous order of the House, the gentle- operation, and conflict resolution.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.062 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7580 CONGRESSIONAL RECORD — HOUSE November 18, 2010 New START is good enough as a first HONORING THE LIFE OF what the rich are going to do with all step. It’s good enough for the top mili- CONSTANTINO DELSIGNORE those tax cuts that the Republicans tary brass, past and present, who have The SPEAKER pro tempore. Under a want to give to them through extend- endorsed it. It’s good enough for lead- previous order of the House, the gen- ing the Bush tax cuts for the rich in ing foreign policy dignitaries from tleman from Michigan (Mr. MCCOTTER) lieu of the Obama tax cuts for the mid- across the political spectrum. The only is recognized for 5 minutes. dle class. holdouts are a minority of Senators Mr. MCCOTTER. Mr. Speaker, today As I said yesterday with regard to who seem more interested in embar- I rise to honor the extraordinary life of the 1 percent top income group in this rassing the President on the inter- Constantino DelSignore and mourn his country, the high and mighty who earn national stage than they are in a major sudden passing at the age of 47. more than $1.3 million a year in tax- international security breakthrough. Born on December 2, 1962, Tino able income, according to the Repub- Concessions have been made to these DelSignore graduated from Detroit lican plan each one of them will re- lawmakers. Their opinions have been Catholic Central High School in 1980. ceive a tax cut, every single year, of heard, their concerns addressed. Now He immersed himself in the DelSignore $83,347 each year. it’s time for action. For the safety of family’s businesses, the Fonte D’Amore I have given a lot of thought to what the American people and possibly for restaurant and the Laurel Manor. they are going do with that money. I the future of human civilization, it is Tino dedicated his life to serving our made some suggestions yesterday, and time to pass New START. community through many philan- here are some more suggestions about what they could possibly do with this f thropic efforts. He was founder of CDS windfall that the Republicans want to The SPEAKER pro tempore. Under a Foundation, cofounder of the Fallen hand to them at a time when this coun- previous order of the House, the gen- and Wounded Soldiers Foundation, as try has 9.5 percent unemployment, 40 tleman from Texas (Mr. PAUL) is recog- well as being an advocate for many million people who cannot see a doctor nized for 5 minutes. other local, national, and international when they are sick, and so many people (Mr. PAUL addressed the House. His humanitarian causes. who are in danger of losing their remarks will appear hereafter in the Tino committed his considerable ef- homes. Extensions of Remarks.) forts to Angela Hospice, the Aliaga For instance, the rich, the idle rich, Foundation, the Barbara Ann f the high and mighty, the ruling class, Karmanos Cancer Institute, St. Mary’s The SPEAKER pro tempore. Under a they can buy three tickets to the most Mercy Hospital’s Our Lady of Hope previous order of the House, the gen- expensive suite at the Super Bowl. Cancer Center, Botsford Hospital Foun- tleman from California (Mr. SHERMAN) That costs only $75,000. They will have dation, the McCarty Foundation, Ma- is recognized for 5 minutes. $12,000 left over in pocket change. donna University, Hunters Feeding the (Mr. SHERMAN addressed the House. Here is something else that they Homeless, the Livonia Italian Amer- His remarks will appear hereafter in might do with the windfall that the Re- ican Club, Hockey Has Hearts, and nu- the Extensions of Remarks.) publicans want to give them. They can merous veterans’ organizations and Ro- go to the top of Mount Everest. That f tarian organizations. Tino DelSignore costs only $65,000, a luxury climb to the The SPEAKER pro tempore. Under a gave with an open heart and, like the top of Mount Everest, with somebody previous order of the House, the gen- entire DelSignore family, was always holding your bag for you the whole way tleman from Kansas (Mr. MORAN) is willing to help. up. Just one thing: Make sure you recognized for 5 minutes. Regrettably, on October 26, 2010, Tino (Mr. MORAN of Kansas addressed the don’t fall down. passed from this earthly world to his Here is something else that they can House. His remarks will appear here- eternal reward. He is survived by his after in the Extensions of Remarks.) do with the Republican tax plan to give beloved son, Giovanni, and his parents, $87,000 a year to the rich. They can f John and Lina. A devoted brother to take a beautiful 110-day cruise around The SPEAKER pro tempore. Under a Luciano, Nancy, and Renata, Tino the world. That costs only $80,000. And previous order of the House, the gentle- leaves a legacy in his nieces and neph- it is up to them what they do with the woman from Ohio (Ms. KAPTUR) is rec- ews: Ryder, Caprice, Coco, Alexa, other 250 days a year, but think about ognized for 5 minutes. Olivia, Alexandria, and Max. that. Think about people in the middle (Ms. KAPTUR addressed the House. If, in the end, a person’s wealth can class who struggle, save for vacation Her remarks will appear hereafter in be measured by the lives he has year after year, and sometimes occa- the Extensions of Remarks.) touched, Constantino DelSignore went sionally get to go on a 3- or 4- or even home to God a very wealthy man. Cou- f a 5-day cruise. With the Republican tax rageous and honorable, Tino will be The SPEAKER pro tempore. Under a cut for the rich, the millionaires can go sorely missed. previous order of the House, the gen- on a 110-day luxury cruise, not just 1 Mr. Speaker, Constantino DelSignore tleman from North Carolina (Mr. year, but every single year. is remembered as a compassionate fa- JONES) is recognized for 5 minutes. Here is something else that they can ther, a dedicated son, a treasured (Mr. JONES addressed the House. His do. They can enjoy two nights at the brother, a caring leader, and a true remarks will appear hereafter in the Hugh Hefner SkyVilla at the Palms Ca- friend. Tino was a man who deeply Extensions of Remarks.) sino Resort in Las Vegas. That costs treasured his family, friends, commu- only $80,000. They will have $7,000 left f nity, and country. Today, as we bid over for tipping the bellman. And re- The SPEAKER pro tempore. Under a Constantino DelSignore farewell, I ask member, what happens in Vegas stays previous order of the House, the gen- my colleagues to join me in mourning in Vegas. tleman from Oregon (Mr. DEFAZIO) is his passing and honoring his unwaver- As I pointed out yesterday, the Re- recognized for 5 minutes. ing patriotism and legendary service to publicans want to stuff so much money (Mr. DEFAZIO addressed the House. our country and community. into the pockets of rich people in this His remarks will appear hereafter in f country, the millionaires, the people the Extensions of Remarks.) b 1440 who make an average of $1.3 million a f year, that every single one of them, The SPEAKER pro tempore. Under a TAX CUTS FOR THE RICH every single one of them every year for previous order of the House, the gen- The SPEAKER pro tempore. Under a the next 10 years will be able to enjoy tleman from Pennsylvania (Mr. THOMP- previous order of the House, the gen- a luxury cigar in the morning and a SON) is recognized for 5 minutes. tleman from Florida (Mr. GRAYSON) is luxury cigar in the evening as well, and (Mr. THOMPSON of Pennsylvania ad- recognized for 5 minutes. they can light each one of those cigars dressed the House. His remarks will ap- Mr. GRAYSON. Mr. Speaker, I am re- with a $100 bill. pear hereafter in the Extensions of Re- turning to a subject that I began yes- Now, I don’t know about you, but I’m marks.) terday. This is the second episode of not sure that that’s the best use of $100

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.068 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7581 billion a year of tax money. I have caust’’ cavalierly to connote any situa- forcement’s authority ends at the bor- some other ideas about what I would tion in which somebody or some group der—in this case the river—they even like to see happen. I would like to see feels aggrieved is offensive again. have time to put on their life jackets.’’ jobs, jobs, and more jobs. Mr. Ailes should apologize for these I don’t understand why this White If you do the arithmetic, you will despicable statements of total insen- House doesn’t understand that this is a find that the $100 billion a year that sitivity that should not be connected war on our border, our front yard. And the Republicans want to hand over to to a president of a major news organi- in Arizona they have signs that say—80 the rich so that they can further com- zation. miles into the United States in Ari- fort the comfortable, that could be Later today, I will send him a letter zona—they say don’t go south of here used instead to provide a decent job, a demanding that he retract and apolo- because it’s not safe. In the United job with a living wage, a decent day’s gize for these despicable statements. States. And the President sent 1,200 pay for a decent day’s work to 3 mil- f National Guard troops down there, and lion Americans, and, in a single stroke, they are withdrawing some of them. AMERICA’S THIRD WAR: TEXAS could reduce unemployment in this I just don’t understand this White STRIKES BACK country from 9 percent to 7 percent; House. I understand that we have to but, more importantly, take that $100 The SPEAKER pro tempore. Under a deal with Afghanistan and Iraq and billion and make sure it actually cir- previous order of the House, the gen- other places around the world. But this culates in the economy. Because what tleman from Indiana (Mr. BURTON) is is our front yard. And they are with- will the rich do with it? They’ll keep it recognized for 5 minutes. drawing. They sent 17,000 down to the in their pockets; or they’ll send it Mr. BURTON of Indiana. Mr. Speak- Gulf oil spill, and they send 1,200 down abroad buying luxury goods like we er, there was an article, I guess it’s on there to the border, which is nothing, discussed yesterday, or they’ll take a FoxNews.com, today, and it’s called and now they are withdrawing some of cruise around the world that adds noth- ‘‘America’s Third War: Texas Strikes them. ing to the American economy. But if Back.’’ Captain Stacy Holland with the The former FBI agent goes on to say, you actually did take that money and Texas Department of Public Safety ‘‘The cartels may be ruthless, they you created 3 million jobs at $30,000 a said, ‘‘I never thought that we would be may be vicious, they may be cowardly, year for the American people, then you in this paramilitary type of engage- but they’re not stupid. They’ll adapt would see our economy revive over- ment. It’s a war on the border.’’ their tactics, and recently they’ve night. It’s a war on the border. That border adapted their tactics to utilize smaller When it comes down to my vote for is 1,980 miles long, and the President loads, cross with rafts, stolen vehicles tax cuts for the rich versus jobs, I’m sent 1,200 National Guard people down on our side. going to vote for jobs. there. Now, I don’t know how many ‘‘President Barack Obama and Home- f that is per mile, but it ain’t much. And land Security Secretary Janet now I understand, from information I Napolitano have recently said the MR. AILES SHOULD APOLOGIZE got today, that they’re going to with- Mexican border is more secure now The SPEAKER pro tempore. Under a draw some of those because of the cost. than it has been in 20 years.’’ previous order of the House, the gen- Now, they sent 17,000 National Guard I want to tell you, that is such bull. tleman from New York (Mr. ENGEL) is troops down when they had the oil spill That is just bull. I can’t say that the recognized for 5 minutes. in the Gulf. Granted, that was a real President of the United States is mis- Mr. ENGEL. Mr. Speaker, yesterday problem. But the border between us leading the people. But, boy, that sure Roger Ailes, the president of Fox News, and Mexico is a war zone, a war zone, ain’t the truth. And if you don’t be- decided that there were Nazis running according to the Texas Department of lieve that, talk to Congressman POE around a competitor news organiza- Public Safety. from Texas and some of the others tion. He called the executives at Na- from Arizona. Instead of doing what b 1450 tional Public Radio ‘‘Nazis.’’ He said, they can to protect American citizens and I quote, ‘‘They are of course Nazis. I want to read to you, Mr. Speaker, to stop this flood of drugs coming in as They have a kind of Nazi attitude. some of the things he said. He said, well as illegal aliens and others, they They are the left wing of Nazism. they—the terrorists, drug dealers, peo- are suing the State of Arizona because These guys don’t want any other point ple who are kidnapping people—‘‘They they say they are trampling on Federal of view.’’ cross the border with AK–47s on their statutes. Mr. Ailes also said, after a diatribe backs, wearing military camouflage. I tell you, I just can’t understand against President Obama and against They recruit in prisons and schools on this administration. We are talking Jon Stewart of Comedy Central, and I the American side. Spotters’’—people about the safety of the United States, quote, ‘‘There are left-wing rabbis who from Mexico—‘‘sit in duck blinds along and in particular all the people who basically don’t think that anybody can the Rio Grande and call out the posi- live on the Texas border, the Arizona use the word ‘Holocaust’ on the air.’’ tions of the U.S. Border Patrol.’’ And border and the New Mexico border. Mr. Speaker, I find those words to be they do that on the American side. This is something that’s unforgivable. very offensive and inappropriate. Rel- ‘‘To combat the cartels, the Texas And if I were talking to the President, atives of mine were among the millions Department of Public Safety is launch- I would say, Mr. President, wake up. of Jews and others who died in the Hol- ing a counterinsurgency. Tactical This is the American citizens you’re ocaust. At the hands of the Nazis, acts strike teams send field intelligence supposed to protect. Let’s get on with of brutality and mass murder were car- they gather to Austin to a joint oper- the job. ried out, the likes of which the world ation intelligence center, or JOIC in f had never seen. military terminology. ‘It certainly is a If Mr. Ailes is the president of Fox war in a sense that we’re doing what CONDITIONAL ADJOURNMENT TO News and claims to be fair and bal- we can to protect Texans and the rest MONDAY, NOVEMBER 22, 2010 anced, he should keep his comments to of the Nation from clearly a threat Mr. ENGEL. Mr. Speaker, I ask unan- himself. If he wants to be a commen- that has emerged over the last several imous consent that when the House ad- tator, then he should be so. But if he years,’ said former FBI prosecutor journs today on a motion offered pur- wants to pretend to be a so-called fair Steve McCraw, who runs the suant to this order, it adjourn to meet and balanced president of a major news undeclared ‘war.’ at noon on Monday, November 22, 2010, organization, he ought to know better ‘‘And now that there is added pres- unless it sooner has received a message than to utter such hateful words. sure on the cartels, the drug runners from the Senate transmitting its con- To use the word ‘‘Holocaust’’ in the are employing new techniques, known currence in House Concurrent Resolu- same sentence that he uses the word as a splash down. When the heat is on, tion 332, in which case the House shall ‘‘rabbi,’’ although he clearly meant they attempt to return to Mexico with stand adjourned pursuant to that con- rabbi in another connotation, is doubly the drugs, oftentimes in broad day- current resolution. offensive. And to use the word ‘‘Holo- light. And because the Texas law en- There was no objection.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.077 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7582 CONGRESSIONAL RECORD — HOUSE November 18, 2010 BOARD OF VISITORS TO UNITED someone who is lined up next to some- inches, and underneath that false floor STATES AIR FORCE ACADEMY one else lined up next to someone else it was packed full of marijuana. Some The SPEAKER pro tempore. Pursu- and they are carrying weapons and in would call it bales. They were wrapped ant to 10 U.S.C. 9355(a), and the order of uniforms, it is called an invasion. up in packages about the size of a ce- the House of January 6, 2009, the Chair Whether they are wearing uniforms ment package, although it’s not as announces the Speaker’s appointment and carrying weapons or whether they heavy, some placed over 200 pounds, of the following member to the Board are coming across in orderly ranks or some placed 250 pounds of marijuana, of Visitors to the United States Air whether they are coming across at a underneath the false bed in that pick- Force Academy: rate of perhaps as many as 11,000 a up. And we took the jaws of life and Mr. Alfredo A. Sandoval, Indian night—and that’s some data that came cut it open and I personally unloaded Wells, California. before the House Immigration Sub- over 200 pounds of marijuana out from committee under sworn testimony— underneath the false bed in that pick- f you take the annual illegal border up. ILLEGAL IMMIGRATION crossings and you divide it by 365, and Now, the circumstances at that some of that data under oath cal- time—and I suspect this individual was The SPEAKER pro tempore. Under culates out to be 11,000 illegal border prosecuted, partly because I was the Speaker’s announced policy of Jan- crossings in a 24-hour period. A lot of there—but he appeared to be an MS–13 uary 6, 2009, the gentleman from Iowa that takes place at night. Think of gang member. He had a 13 tattooed on (Mr. KING) is recognized for 60 minutes that: 11,000 a night. his arm right here. Full of tattoos. Had as the designee of the minority leader. And so I ask the question, what was all of the look that you would have of Mr. KING of Iowa. Mr. Speaker, I ap- the size of Santa Anna’s army? About an MS–13 drug-smuggling gang mem- preciate the honor to be recognized to half that. That, Mr. Speaker, is the ber. And the practice down there has address you here on the floor of the magnitude of the illegal border cross- been—unwritten, but in practice—that House of Representatives. I have long ings that we are seeing. if someone is caught with less than 250 appreciated the honor to serve the peo- And the price that we have to pay in pounds of marijuana, that they’re not ple of western Iowa here in the United the form of social services, law enforce- prosecuted by the Federal Government. States Congress. Each one of us carries ment, education, and health services is And when the loads got higher and this duty with us in a heavy way and in the billions of dollars in costs to the more frequent, then the number went also sometimes in a jubilant way de- American taxpayer. And the price and up to 500 pounds as the threshold for pending on the cycles of the day and loss because of the result of crimes prosecution. the cycles of the elections. that could otherwise have been pre- Now, where I come from, if you have I sat here on the floor tonight, and I vented is awesome beyond our com- any illegal drugs in your possession, listened to the presentation of the gen- prehension. generally you’re going to be pros- tleman from Indiana (Mr. BURTON). He I do have some numbers on that. I’m ecuted. There are law enforcement offi- talked about the situation on the bor- hopeful that I will be able to produce a cers that may not, but it’s not a prac- der between Texas and Mexico, Arizona fresh report very soon that would bet- tice. We think that the law is the law. and Mexico, and perhaps also New Mex- ter illustrate the numbers of Ameri- Well, if the law is not enforced on the ico versus Mexico, California, and Mex- cans who have lost their lives at the southern border for those that come ico. There are a whole lot of data hands of those who came into the across the border illegally with illegal points that he rolled out here. And I United States illegally. drugs in their possession to the tune of believe that there is a misunder- That is a real measure to American hundreds of pounds and in fact thou- standing on the part of the American society. Every life is precious, every sands of pounds, then what do we have people of the magnitude of the border life is sacred, and every one that we left of the law enforcement fabric on problem that we have. can save should be saved. And you do our southern border whatsoever? And I make a number of trips down to so with an orderly society and the rule how can this be a practice, let alone a that border. I think it’s my obligation of law. You don’t do so by allowing for policy? to do that. I have served on the Immi- vast areas of the 2,000-mile southern I saw it with my own eyes on that gration Subcommittee of the House Ju- border to become lawless. day and handled with my own hands. diciary Committee now for 8 years. I recall approaching a port of entry, And as I talked to Border Patrol offi- And if all goes well, I will be able to and it was in Sasabe, Arizona. As I ap- cers and the other law enforcement of- serve on the committee for another proached the port of entry and intro- ficers along the border, they confirmed cycle. In that period of time, you pick duced myself to the agents that were that in some sectors that’s the prac- up a significant amount of knowledge there, and leaving aside much of that tice. They set the threshold because about the circumstances that have to narrative, I was informed that, yes, they didn’t have enough prosecutors, do with immigration. And the gen- there’s a legal crossing at Sasabe at they didn’t have enough judges, and tleman from Indiana (Mr. BURTON) that port of entry in a fairly remote lo- they didn’t have enough prison beds to talked about how illegal Mexican drug cation in Arizona. But on other side of prosecute all the drug smugglers that smuggler gangs are controlling vast the legal port of entry are the illegal they’re picking up across the border, areas of the border, some might argue crossing areas that are controlled by let alone 11,000 a night on average, a a majority of the border or perhaps the drug-smuggling gangs, the cartels. lot of them some might say just illegal even all of the border, with the excep- And that means that there’s lawless- aliens, just people coming into the tion of some ports of entry, and con- ness on both sides of the border. If United States committing the crime of trolling vast parts of the United States there’s an entity that controls an ille- unlawful entry into the United States. itself. gal border crossing then that means But among them are drug smugglers. I have been down to visit Oregon Pipe that our side of that border is not And among the drug smugglers are vio- Cactus National Monument. It is a na- under control. Immediately, if they de- lent criminals of other stripes. Part of tional park right on the border. And a cide who crosses and who doesn’t, that goes with the package. But to large percentage of Oregon Pipe Cactus they’re also deciding to allow illegals think that they could come into the has been set aside, and Americans have to come into the United States and il- United States illegally with a load of been locked out and kept out because legal contraband to come into the 235 pounds of marijuana and weigh it the illegal border-crossers and the drug United States. up and put it underneath the bed of the smugglers command some of that park. And I was in fact there on location pickup and think, Well, fine, I’m not A large share of it, mile after mile of when there was an illegal drug smug- going to go to prison for this. If they it, is under control of the Mexican drug gler that was picked up. He had a white catch me, they will just impound the smugglers and people smugglers. pickup with a false bed in the box. Nice pickup, which likely is stolen anyway, And we think that a sovereign nation piece of body work. You had to have a and impound the marijuana, which I should have no border incursion. If we practiced eye to see it. But a false floor saw warehouses full. And I say ‘‘ware- have a border incursion, and if it’s underneath there that was 7, perhaps 8 houses.’’ More than the size of garages,

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.081 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7583 not the size of something you would you can walk anywhere in America, a perfect location to be able to watch see down at Boeing, to put it correct. pick up a newspaper and read it in the traffic coming from all four direc- So, vast amounts. More than a semi English, and you don’t have to carry a tions. You can presume that that load of marijuana that had been con- gun. You can’t do that everywhere in mountaintop is manned—it’s a lookout fiscated altogether in one particular America today. The law enforcement is mountaintop. It’s a spotter mountain- warehousing location. There are oth- not such—the rule of law is not so es- top, and they’re using that so they can ers. tablished that you can go anywhere in tell the people who are moving their il- But to think that we’re not pros- America in that way and safely think legal loads across from Mexico into the ecuting with the full vigor of the law that you can travel. You can’t go to United States when our law enforce- with someone who’s coming through Organ Pipe Cactus down along the bor- ment is coming up, when they’re ap- with a load of marijuana that is 200, der, you can’t take the jet ski on the proaching. It will cause them to divert, 300, 499 pounds of marijuana. That’s the lake in Texas. The Mexicans are con- to go the other way, to perhaps take a America that we have on the southern trolling too much of that. And the ret- side road—and there aren’t many, but border. And the people that don’t live ribution/restitution is almost non- it will give them that sense of warning. there and go like I do down to visit and existent. Now, for those who might think that get informed just accept the idea that And so I would add also that there’s I’m catching this secondhand, Mr. their America is the same America in, another factor that I didn’t hear the Speaker, and for those who might let’s say, South Dakota or northern gentleman from Indiana mention and think that this is anecdotal, I can tell Iowa as it happens to be on the south- that’s the factor called the spotters’ lo- you that it’s not anecdotal. It’s real. I ern border. And it’s not true. It is a cations on top of the mountains, pri- went down and I climbed to the tops of war zone there. marily in Arizona. And as I traveled a number of these mountains. I sat in We have seen the numbers of the cas- down there, I began to learn about those locations and I observed the traf- ualties and the drug wars in Mexico these spotters’ location from some of fic. In those locations, with the stones mount. And I remember sitting in Mex- our law enforcement officers. And that stacked like sandbags on top of one of ico City with some of the members of would include the Shadow Wolves down the smaller mountains, I found a bro- the cabinet and some of the members at the Tihono O’odham Reservation. ken piece of some fairly high-quality of the Mexican Congress who would tell Shadow Wolves are one of the unique binoculars, and you could see clothes me kind of off on the side that they aspects of our border enforcement. that had been left there. You can see had 2,000 federal officers, agents, troops They are the Native Americans that from those locations that they’ve been that were killed in the drug wars try- serve together and train down there spotting and tipping off as to the law ing to bring order and trying to bring and enforce the law on the reservation enforcement that’s moving along. It’s the drug cartels underneath the en- an essential component for them. If forcement of law, to break them up. and on that area that spans the border. Actually, Tihono O’odham is on both they’re going to smuggle drugs and if This would be 3 to 4 years ago. They they don’t know where law enforce- would say, we have lost 2,000 Federal sides, in Mexico to some degree. Most of it is in the United States. ment is, they can’t just drive blindly officers. Now what numbers do we up into Arizona with a truckload of hear? Twenty-eight thousand. Twenty- And as I reviewed the border with them, they began to tell me, There’s a marijuana. They have to know when eight thousand, mostly civilian, but the coast is clear. Well, these are the not all civilian casualties, in the drug spotter up on that mountain. He’s watching us now. And I would look up ‘‘coast is clear’’ spotter locations. wars in Mexico. Twenty-eight thou- They’re on top of the mountains in Ari- sand. Can you imagine the carnage? there and of course I couldn’t see him. zona. I climbed to several of them, ob- That’s the size of one of the larger cit- I didn’t know where to look, and he served it from there, took pictures up ies in my State, the number of like was too far away and I didn’t have the there, and saw the pieces of litter that 28,000. glasses. And then we’d travel on down So here we are with Border Patrol of- another few miles and they’d say, were laying around. You can see the ficers, sending the National Guard There’s a spotter on that mountaintop patterns and the habits, and you can down there. Thankfully, there are some and he’s watching us. And as I began to get a pretty good idea of what their Guard troops that are showing up. It put this together and traveled along diet is and what they’re doing up there. Then we got in a Blackhawk and flew does help. Every pair of boots on the the border and went to the Cabeza to the top of other locations—spotter ground helps and every bit of equip- Prieta and some of the other locations lookout mountains—and we settled ment we can put down there helps, and along the border and talked to our offi- every bit of barrier that we build on cers, they began to tell me, Well, yes, down close to that. We brought in law the border helps. And I do want to we know where a lot of these locations enforcement officers from the ground. build a fence, a wall and a fence. And I are. I had a map there. Well, why don’t With the headphones on and listening don’t suggest that we build 2,000 miles you just put an X where you know to the scanner, you can hear the right away next week, finish it by the where they are. So he’d put an X here, scrambler of the frequency that they’re end of next year. We could do that. X there. I had him fill that in. using when they communicate with each other. It’s high-quality optics and We’re a great Nation. We could do that b 1510 without breaking a sweat if we had the high-quality communications equip- will. Along the way, we came up with a ment with scramblers and But I do suggest that we build a map that showed the location of at descramblers. You could hear, flying fence, a wall and a fence where they least 100 mountaintops that are con- from mountaintop to mountaintop, the are crossing it, where they have a path trolled by Mexican drug smugglers who intensity of the chatter go up and up beat down, and just keep extending the sit up on top of the mountain. They and up in the earphones when we were fence, the wall and the fence, until will take the stones that are up there tuned in to the frequency that they such time as they stop going around and stack them up like sandbags were using. It’s that chipmunk lan- the end. If it takes 2,000 miles of fence, around a gun emplacement. Well, it is guage that has been scrambled into wall and fence, then so be it. If we can a gun emplacement. It’s a high-quality something that’s completely unintelli- do it with a hundred miles or 200 miles, optics observatory location where they gible even though it was coming in, so be that. spot the travel of our law enforcement and, you know, it was Spanish that was But let’s have enforcement of our officers, primarily Border Patrol, all scrambled, and it got descrambled at border. Let’s take our Nation back. along the highways. If you go down in the other end. Let’s take our national parks and our any area from Phoenix, going south to- What I could hear was the intensity national monuments back like Organ wards the Mexican border, especially of that chatter going up and up and up. Pipe Cactus National Monument. Put where you see an intersection where About a minute from the time we ar- that back in the hands of the American there is a highway going north and rived at the next lookout mountaintop, people. south and another one east and west, the spotter mountaintop, that fre- The America that I envision is the look up on one of those corners, and quency and that transmission would America that I grew up in that said you will see a small mountain there in immediately stop and be hushed. We

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.082 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7584 CONGRESSIONAL RECORD — HOUSE November 18, 2010 would get to the mountaintop in about about? You know, it’s like throwing a the law will be enforced in all of its as- a minute, and the location that had tantrum, and then somebody asks, pects. We need to do a careful inven- been manned just moments before, just What are you mad about? Well, let me tory of all of the resources that we’re minutes before, was empty. It was see. I’ll have to come up with some- deploying, especially on the southern empty every time because they came thing. I’m sure I’m mad about some- border, and make sure, when a Border down off the mountain and went out thing. What could it be? Well, let me Patrol officer puts his life on the line into the desert and hid. So, when they think. I guess I can’t be mad about this and pulls over a stray truck that has get out into the desert and get away whole list—that is obvious—but I’ll got more than a ton of marijuana in it, from that location and hide, they don’t make up a new reason to be mad. This that that Border Patrol officer never have to get very far away, a half a mile is a new reason to sue, and here is what has to get on the phone and plead with or so, and you can’t identify them as it is: a county prosecutor to pick up the being the people who were sitting on They argued in their complaint, the open-and-shut case and prosecute it. If top of the mountain. Plus, we don’t Department of Justice’s complaint in not, we don’t have the Federal prosecu- have a law against sitting on top of a their file against Arizona, that Con- tors enough to prosecute and incar- mountain in Arizona, so it’s hard to gress had entrusted the various agen- cerate someone who is smuggling a ton prosecute. It’s hard to bring them to cies in the executive branch of govern- or so of marijuana into the United justice, but they exist. ment with establishing and maintain- States of America. These are paramilitary locations. ing a ‘‘careful balance,’’ a careful bal- b 1520 These are strategic locations. These ance between the various immigration We must take a look at the deploy- are people who are armed with high- laws that this country has. A careful ment of our resources. If our border pa- quality optics and with their high- balance. Huh. quality communications devices, and Well, Congress did no such thing. trol officers are an adequate number, they’re set up to smuggle drugs into There is no record of Congress passing that means we also have to have an the United States. So far, we have not legislation and saying, Keep a careful adequate number of prosecutors, been very successful in snapping those balance, Mr. President, between the judges, and prison beds so that we can enforce the law so that there’s an ex- spotters off of those mountaintops and various immigration laws so that the pectation that this Nation has as one taking that tool away from the drug Department of Justice thinks this is of its essential pillars of American smugglers. That’s another piece that, I all right and so that the Department of exceptionalism the rule of law, and we think, Mr. BURTON is well aware of, and Homeland Security thinks this is all must stand for it. We cannot and I will I add to the dialogue that he delivered right, as well as the State Department. here. not stand for its erosion any longer, Surely, don’t enforce an immigration What do we see instead? Mr. Speaker. Instead of the administration using law that might cause the diplomatic But I came here tonight to talk the resources that are at its disposal to arm of the State Department any about a number of other things as well, go down and enforce the law in places heartburn with President Calderon. aside from the immigration issue. It That’s their argument, that they like Arizona, Texas, New Mexico, and was Mr. BURTON that got me wound up California, it’s using resources to sue may not enforce obvious immigration as I listened to him talk. So I want to the State of Arizona. I’ve read through laws because it might upset our neigh- go back, and without a very smooth that complaint, and it’s a bit aston- bors in one direction or another. This segue, I would like to just take us ishing to me to think that the Depart- is an astonishing legal position to back, Mr. Speaker, to the election re- ment of Justice could contrive such an argue, that they have been entrusted sults of a couple of weeks ago and the argument, and even though it didn’t with establishing a ‘‘careful balance,’’ message that was sent by the American mirror the ACLU’s lawsuit and then maintaining that careful balance people and reflect a little bit about my MALDEF’s lawsuit and—let me see— and, therefore, because Arizona is com- experience here and what I’ve seen hap- the American Muslim Society’s law- pelled to defend themselves, that some- pen politically and that works out this suit, I thought it would. Instead, they how that careful balance has been way. wrote up a whole new legal theory. upset by Arizona helping to enforce the As I came here, I came here in the This is the Holder Justice Department. laws that have been passed by the majority and we had the votes to pass Eric Holder essentially admitted that United States of America here in this legislation that was reasonable that the President had ordered him to sue Congress, on this floor, where we gave the American people could accept, and Arizona over their immigration law, no direction—no direction—to the ex- we did so. As I engaged in the debate and 5 minutes later, under oath, he ad- ecutive branch to have the discretion here and I watched as the level of in- mitted that he had not read the bill. So to enforce some laws and not others. tensity of that debate diminished from here we have the Attorney General There is no discussion. There is no his- our side and the level of rebuttal in- bringing a lawsuit against the State of tory. There is no Congressional Record creased from over on this side of the Arizona—determined to give the law- in here, let alone in the statutes, them- aisle, on the Democrat side of the aisle, suit—who came before the Judiciary selves, that declares a ‘‘careful bal- I don’t know that I realized that at the Committee. Under oath, he testified ance’’ standard. That standard never time—I could feel it here internally but that he hadn’t read the bill. He con- existed. It was created by the imagina- I don’t know that I realized it clearly ceded under oath that the President tions of the lawyers in the Department enough at the time but there was a had ordered him to sue Arizona. of Justice, and now we’ve got to go all shift going on in the minds of the It was clear from listening to the the way to the Supreme Court to fix a American people. I thought we were President that the President hadn’t problem created and motivated by a doing the right thing for the most part read Arizona’s law, S.B. 1070. So it’s political decision to sue Arizona, a de- in 2003, 2004, 2005, and 2006, but we clear, as was concluded under oath and cision which came directly out of the weren’t articulating this to the Amer- not denied, obviously, by the Attorney White House to order, exactly, Eric ican people in a way that was as useful General of the United States, that the Holder to file that lawsuit. and accurate as it should have been. President ordered Eric Holder to sue That, Mr. Speaker, is what I think of The best example of that, and I say Arizona. The President hadn’t read the what’s going on here with the immigra- this example because of my great re- bill. Eric Holder hadn’t read the bill, tion situation, and it’s just a bit of a spect for the men and women who wear and they were determined to go for- sequel to the gentleman from Indiana’s the uniform of the United States and ward anyway, so we made the commit- statements on immigration, Mr. BUR- put their lives on the line on a regular ment. I think that was actually an- TON. I want to make sure that I support basis, that selfless and noble commit- nounced by the Secretary of State that initiative that he took here to- ment. What I saw happening in the when she was in South America—per- night. State of Iowa in 2003 was when we had haps in Ecuador, if I remember right, From my standpoint, we’ve got to Democrat Presidential candidates com- maybe in Colombia. stop the bleeding at the border. We’ve ing into Iowa on a regular basis, mov- It’s interesting to read the complaint got to reestablish the rule of law. ing through the State stopping over and think, What did they have to sue We’ve got to raise the expectation that and over again.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.084 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7585 And as I listened to this dialogue and with a different story on what was Think of how this process is supposed I remember the date, it was October 5, going on in that country. to work. You get busy and you go to 2003, and I’m watching the news and But the assault on President Bush work in the subcommittee and you listening to the debate of the Presi- and the undermining of his position hold hearings and you gather facts and dential candidates, and I opened up The and our men and women under arms, the staff does the research work, Des Moines Register newspaper. Inside when I heard people on this side of the crunches it in a way so that the under page 3, headline at the top of the page, aisle say, well, I support the troops but oath testimony and the information Candidate Howard Dean Repeatedly not their mission, Mr. Speaker, that that’s submitted is meaningful and calls President Bush a Liar. And I was cannot be allowed to stand, to concede that it can be cataloged and rational- appalled. I thought, how can anyone a point such as that. My point is, if you ized in a way that we can move forward call the President of the United States support the troops, you support their with a good piece of policy. Once that a liar? How can this be in this article? mission. You cannot ask them to put hearing’s need is satisfied, then you What must the President have said? their lives on the line for Americans if can go to a subcommittee and mark So I read that article, October 5, 2003, you don’t believe in their mission, too. the bill up, and there of course you and looking for the statement that We can’t ask them to go on that kind have to accept amendments from each would be identified that would make of a mission. side. Whatever the product is of the our Commander in Chief a liar, and I So what we saw happen was the as- subcommittee needs to go to the full read the article and I missed it appar- sault, the verbal assault on the oper- committee, and when it goes to the full ently and I went back and read it a sec- ations in a time of war in Iraq, being committee, there needs to be a full ond time for the language that would constantly pounded by the Presidential committee markup. And there we need be in this article that would confirm candidates and by many of the people to allow for an open and legitimate de- the truth of the headline that our over on this other side of the aisle in bate because the process is taking an President, our Commander in Chief, an effort to erode public opinion for the idea, present it to the hearing. If it can was a liar. war in Iraq because doing so, in my es- sustain itself in open, public dialogue, It wasn’t there, Mr. Speaker. There timation—and I understand that their then it can actually become the bill wasn’t an allegation in the article motives may well have been pure—in that moves through the process, sub- about what the President had said. It my estimation in their desire to win jected to amendments that are de- was just a story about Howard Dean the Presidency and their desire to win signed to perfect the legislation, on calling George Bush a liar, repeatedly back the majority, their zeal to re- through the full committee and to the calling George Bush a liar. Well, it characterize our war in Iraq under- floor for the same kind of process. turned out it was about 16 words in the mined public support for a mission 1530 State of the Union address that had that’s turned out to be, on the balance b taken place just a few months, 6 of it, a pretty good ending considering That’s what’s envisioned by our months or so before that when the what we were in the middle of during Founding Fathers. It was never envi- President of the United States said, We that period of time. sioned that there would be a Speaker of recently learned from the British that My point is the President of the the House that would run this Con- the Iraqis were seeking uranium in the United States and the executive branch gress, the House of Representatives, continent of Africa. That’s the 16 of government did not bring out a full- out of her office with her staff and dis- words, roughly speaking, in general de- throated defense nor did they articu- allow amendments, disallow debate, livery here that was the objection that late a reason for being in Iraq in an disallow an opportunity to even vote was delivered by Howard Dean. adequate way. That left the door open with a level of clarity so the American Well, it turns out the statement was so that the criticism that came against people can see what’s going on. unequivocally true, and I actually have the war in Iraq nearly cost what’s now So their level of disgust rose up, and the evidence of that in the brief case considered by many to be a victory in 58 Democrats were voted out of office, that I carry with me wherever I go. But Iraq. Public opinion’s got to hold to- and there were a number of open seats it wasn’t so much the point of that be- gether. It should hold together on that increased that number substan- cause I remember when Charlton facts, and Republicans need to stand tially from there. Heston ran commercials during the together and stand up for truth in prin- So I think the message should have Presidential elections of 1996, when he ciple when we’re right. We cannot been clear. It doesn’t seem to be clear. looked into the camera and he said, allow a debate to go the other way just It is clear to me. The American people Mr. President—and he was speaking of because we think we have the votes. are filled up with a process that does President Clinton—Mr. President, We must stand and win the debate and not reach out to draw the wisdom from when what you say is wrong and you hold the votes together. That, Mr. the American people through this re- don’t know that it’s wrong, that’s Speaker, is an essential principle. publican form of government, which is called a mistake. But when what you As we go forward and we see these guaranteed to us in the Constitution of say is wrong and you know that it is election results, we also need to under- the United States. They’re filled up. wrong, that’s a lie. stand that there will be a time coming They’ve had it with the nationaliza- Well, I think that’s an accurate defi- into the 112th Congress, gaveled in, tion, the takeover of the banks; AIG, nition of the difference between a lie sworn in January 5 of 2011, that we’ll the insurance company; Fannie Mae and a mistake. I don’t think President sit here and we’ll think we have the and Freddie Mac and all the liabilities Bush made a mistake. What he said in votes, so we just have to wait Demo- that go with that. They are fed up with that State of the Union address was crats out while they have their say. the takeover of General Motors and spot on accurate, absolutely provable. I want Democrats to have their say. Chrysler. Now it looks like, though, They disagreed with it because of one I agree with the incoming Speaker of the White House is going to concede Ambassador Joe Wilson, who—I will the House, Mr. BOEHNER, that we need and sell some General Motors shares give him a pass tonight, Mr. Speaker, to have sunlight on this place and run off into the marketplace. They will because the clock is ticking. this place with the kind of function take a little loss, maybe even a big However, I turned to my wife, ap- that allows for—he says open rules. I’d loss. I think that’s a good step, and I palled that a Presidential candidate shorten it up a little bit and say a lot encourage a lot more of it. could declare our Commander in Chief more open rules. I don’t know that we In fact, I’m hopeful that by the time to be a liar, and I said, Marilyn, I’m can do all open rules but more open the 112th Congress gavels out roughly 2 going to Iraq. So a few days later by rules so there’s a legitimate debate years from now that the Federal Gov- the 17th of October, 15th to the 17th, I here. And if Democrats have an idea, ernment will have divested itself of all was in Iraq, and I took a look at what bring that amendment, let’s debate of those private sector entities that was going on there. I traveled through that amendment, we’ll vote them up or have been taken over. And I am hopeful there, did a lot of stops, met with a lot down. If Republicans have an idea, also that the first act of the 113th Congress, of our officers that were there and en- bring your amendment. We’ll debate it a little more than 2 years from now, listed men and women and came back up or down. will be to finally pass the final version

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.086 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7586 CONGRESSIONAL RECORD — HOUSE November 18, 2010 of the repeal of ObamaCare so that an executive order could amend a stat- ulation. We are a proud, free, inde- that can then go to the desk of the ute of the United States of America. pendent people, totally unsuitable for next President of the United States for So, Mr. Speaker, here is the situa- the European style of socialized democ- his signature to finally repeal tion: we have the 2001 and the 2003 tax racy. We have freedom. We have vigor. ObamaCare. brackets that need to be extended or We have rights that come from good As we sit here in this Congress and we will be seeing a huge tax increase, God. We are a unique race of people. we’re watching the importance of jobs, perhaps the largest tax increase of our And the vigor of America’s history at- the American people said they’ve had lifetimes poised to hit us at midnight tests to that, and the destiny of Amer- it up to here with debt and deficit. It’s December 31 if this lame-duck Congress ica’s future attests to that. about jobs and the economy, and it’s doesn’t act. The negotiations on that Mr. Speaker, I yield back the balance about freedom and liberty and being are taking place. I do believe that of my time to the gentleman from able to order our own lives instead of there is more leverage in the Senate on Texas (Mr. GOHMERT). being ordered within our lives by a this issue than in the House. If we Mr. GOHMERT. I appreciate my nanny state. don’t get that resolved, Mr. Speaker, friend very much. Stirring words, and And ObamaCare is the flagship of so- then our job is going to be—the first accurate at that. cialism that has been delivered to us job, H.R. 1, bill number one—to make This being a time when we are over the objections of the American those tax brackets permanent so that recessing today through the Thanks- people by the tens of thousands who no one faces anything but a temporary giving holiday, it is that time. We have poured into this city multiple times to tax increase. And I mean that I would so much to be thankful for. One of peacefully petition the government for love to see this done in the lame-duck. them is that we have a newspaper arti- redress of grievances. Tens of thou- If it’s not done, it must be the first cle—of course we’ve heard in the last sands of people, for the first time that order of business in the new Congress week or so that it looks like the I know of in history, put a ring around in January. The estate tax, it is a pain- Obama administration was going to this Capitol Building. They held hands ful thing to think about that kicking put off yet again the trials of the five and said, Keep your hands off of my in in a diabolical way. charged in the 9/11 attacks as planning health care. It wasn’t just one set of The second thing, let’s just presume them. But the article from The New people with long arms holding hands, we get it negotiated, and this Congress York Times says that the five Guanta- ringing the entire Capitol. They were in lame duck resolves the issue of the namo detainees charged with coordi- six or eight deep all the way around ’01 and ’03 tax brackets, so we are not nating the September 11 attacks told a the Capitol and clustered in the cor- faced with a tax increase. military judge Monday they wanted to ners by the thousands who just didn’t Then, Mr. Speaker, if that’s resolved, confess in full. And that was a move bother to get in the line. They said, my sense of this is—and I think I have that seemed to challenge the govern- Keep your hands off of our health care; a vast amount of support, including 173 ment to put them to death. and Speaker PELOSI marched through signatures on a discharge petition— At the start of what had been listed the middle of all of that with her over- that we must then use as the first as routine proceedings Monday, Judge sized gavel to come do what she be- order of business the repeal of Henley said he had received a written lieved needed to be done for the Amer- ObamaCare. H.R. 1, repeal of statement from the five men, dated No- ican people who couldn’t apparently ObamaCare. The new Congress will vember 4, saying they plan to stop fil- think for themselves and said, We have pass that in a heartbeat, to pull ing legal motions and to announce our to pass the bill to find out what’s in it. ObamaCare out by the roots, lock, confessions, to plea in full. Khalid Well, ObamaCare that passed could stock, and barrel, so there is not one Sheikh Mohammed said, ‘‘We don’t not have passed here in the House even vestige of it left behind. want to waste our time with motions.’’ with the strong Democrat majority if And then we start down the path of You had one of the detainees, Ramzi it were not for legislative maneuvering shutting off the funding that would be bin al-Shibh, tell the judge, ‘‘We the in an unparalleled way, including a used to implement or enforce brothers, all of us, would like to sub- promise that there would be a rec- ObamaCare. We owe it to the American mit our confession.’’ Mr. bin al-Shibh onciliation bill that would circumvent people. We owe it to the constitutional is charged with being the primary con- the filibuster in the Senate that would conservatives that rose up all across tact between the operation’s organizers be passed over there and come over this land and rallied together to fight and the September 11 hijackers. here to amend the ObamaCare bill that ObamaCare. That’s the biggest reason 1540 had yet to be passed. why you have this vast change. The b So if you are going to do that, why biggest change in majorities here in 72 In one outburst, Mr. Bin al Scheib can’t you amend the bill and make it years has taken place because said he wanted to congratulate Osama say what you want it to say, and send ObamaCare was the crown jewel of the bin Laden, adding, ‘‘We ask him to at- it back to the Senate? The reason for agenda that was driven that the Amer- tack the American enemy with all his that is, Mr. Speaker, the Senate ican people have rejected. So I’m en- power.’’ So that’s the good news. wouldn’t pass the bill either because couraging that we move forward with They’re going to plead guilty. We can they elected SCOTT BROWN in Massa- that. be delighted with that. chusetts. They were so appalled at so- I have no appetite for tying together The tragic thing was that was their cialized medicine coming to America repeal and replace. Those are two sepa- announcement, according to the New that the people in the Bay State sent rate subjects. We didn’t have York Times, back in December of 2008. SCOTT BROWN to the Senate to put the ObamaCare as a law of the land until December of 2008. But no, this adminis- brakes on ObamaCare. He put the mes- late March of this year. We got along tration wanted to play games with this sage out pretty strong and pretty loud, fine without it. Having it is worse than country’s safety and with justice. And and the people of Massachusetts clear- having nothing, but we need to win the so now, 2 years later, they’re going to ly did. debate on repeal of ObamaCare, win put it off for another couple of years, But the Senate could not have passed that debate, and then move down the wait till after the next election so that the legislation that passed in the line with the pieces that we would pass he doesn’t have to deal with it. These House on that day, or any day since. that would improve the health care for guys were ready for justice. They were The House could not have passed it ei- the American people that hold to- ready to plead guilty until this admin- ther if it weren’t for the promise that gether, that hold together the doctor- istration played games. And even in reconciliation would come from the patient relationship and the free mar- the pleading that was declassified, Senate. And even then, it couldn’t pass ket component and let people have written apparently by Khalid Sheikh the House unless there was a fig leaf their choices. That’s the only way Mohammed on behalf of all five, they that was brought up which was by the America works. have quotes in here like: We fight you President to give the pro-life group of We are not a dependent Nation. We with Almighty God. So if our act of Democrats—the Stupak Dozen, it’s are not a Nation that can submit to a jihad and our fighting with you cause called—their fig leaf protection, as if nanny state or an onerous Federal reg- fear and terror, then many thanks to

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.088 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7587 God, because it is Him that has thrown thor of every good and perfect gift, we ings He has vouchsafed to us as a peo- fear into your hearts, which resulted in are indebted for all those privileges ple.’’ your infidelity, paganism, and your and advantages, religious as well as Rutherford B. Hayes, October of 1877: statement that God had a son, and civil, which are so richly enjoyed in ‘‘The completed circle of summer and your trinity beliefs. this favored land. I now recommend a winter, seed time and harvest has Another statement he makes is: We day on which the people of every reli- brought to us the accustomed season at will make all of our materials avail- gious denomination may, in their sol- which a religious people celebrate with able to defend and deter and egress you emn assemblies, unite their hearts and praise and thanksgiving the enduring and the filthy Jews from our countries. their voices in a freewill offering to mercy of Almighty God. Let us, with God has ordered us to spend for jihad their Heavenly Benefactor of their one spirit and with one voice, lift up and his cause. This is evident in many homage of thanksgiving and their praise and thanksgiving to God for His Koranic verses. songs of praise.’’ manifold goodness to our land, His He also says: We fight you and de- Now, we have these for virtually manifest care for our Nation. I ear- stroy you and terrorize you. The jihad every year, every President, so I’m nestly recommend that, withdrawing is God’s cause and a great duty in our being very selective here because time themselves from secular cares and la- religion. So we ask from God to accept is so short. bors, the people of the United States do our contributions to the great attack, Abraham Lincoln, July 15, 1863: meet together on that day in their re- the great attack on America, and to ‘‘It is meet and right to recognize spective places of worship, there to place our 19 martyred brethren among and confess the presence of the Al- give thanks and praise to Almighty the highest peaks in paradise. mighty Father and the power of His God for His mercies to devoutly be- So, you know, they filed that, but hand equally in these triumphs and seech their continuance.’’ this administration wants to play these sorrows. And parenthetically here, in the games with these guys who were ready ‘‘I invite the people of the United midst of these Presidential proclama- to plead guilty, filed no more motions States to assemble on that occasion in tions, were it not for the teachings of until this administration offered them their customary places of worship, in Jesus and the fact that this Nation is a big show trial. So, we have a lot to be the forms approved by their con- based on biblical principle, you would thankful for in that regard. They’re in sciences, render the homage due to the not have a Nation in which people, prison, where they should be. And jus- Divine Majesty for the wonderful whether Muslim or any religion, would tice should have already come swiftly, things He has done in the Nation’s be- be able to so freely worship. But it’s but at least they’re behind bars. half, and invoke the influence of His because of that caring that we’re able Well, I want to finish the time the Holy Spirit to subdue the anger which to do that here, because, as we know, gentleman has yielded to me. has produced and long sustained a in so many nations that are non-Chris- William J. Federer does such a great needless and cruel rebellion.’’ tian, including Muslim nations, they job of putting together much of Amer- Andrew Johnson, 1865, October 28: don’t have a lot of sympathy for those ican histories and proclamations and ‘‘Whereas, it has pleased Almighty who practice Christianity. prayers and really a great job of our God during the year which is now com- Chester A. Arthur, November 4, 1881: godly heritage, just like David Barton ing to an end, to relieve our beloved ‘‘It has long been the pious custom of does. This book, ‘‘Prayers & Presi- country from the fearful scourge of our people, with the closing of the dents—Inspiring Faith from Leaders of civil war and to permit us to secure the year, to look back upon the blessings the Past,’’ among so many other blessings of peace, unity, and harmony brought to them in the changing things, has proclamations of Thanks- with great enlargement of civil liberty; course of the seasons and to return sol- giving, and I thought it would be ap- and, whereas, our Heavenly Father has emn thanks to the all-giving source propriate—though this will not be the also, during the year, graciously avert- from whom they flow. The countless last hour of today—today is the last ed from us the calamities of foreign benefits which have showered upon us hour before Thanksgiving, just so peo- war, pestilence, and famine, while our during the past 12-month call for our ple know, Mr. Speaker, that this is our granaries are full of the fruits of an fervent gratitude and make it fitting heritage. abundant season; and, whereas, right- that we should rejoice with thankful- This President says we’re not a eousness exalteth a nation while sin is ness that the Lord, in His infinite Christian Nation. I will not debate that a reproach to any people, I recommend mercy, has most signally favored our with him. But the Presidents of the to the people thereof that they do set country and our people.’’ past, before this President, knew that apart and observe the first Thursday of There are just so many wonderful it was. Perhaps it’s not now. December next as a day of national tributes before Thanksgiving. George Washington, October 3, 1789, thanksgiving to the Creator of the uni- Let me go to one from Benjamin Har- these are Washington’s words: verse for these great deliverances and rison, November of 1891—and these are ‘‘Where it is the duty of all nations blessings.’’ just partial. Most of them are not the to acknowledge the providence of Al- Ulysses S. Grant, October 5, 1865: entire proclamation: mighty God, to obey His will, to be ‘‘It becomes a people thus favored to ‘‘It is a very glad incident of the mar- grateful for His benefits and humbly making acknowledgement to the Su- velous prosperity which has crowned implore His protection and favor, we preme Author from whom such bless- the year now drawing to a close that may then unite in most humbly offer- ings flow of their gratitude and their its helpful and reassuring touch has ing our prayers and supplications to dependence, to render praise and been felt by all our people. the great Lord and ruler of nations, thanksgiving for the same, and de- and beseech Him to pardon our na- voutly to implore a continuance of b 1550 tional and other transgressions, to en- God’s mercy. ‘‘It has been as wide as our country able us all to render our national gov- ‘‘I, Ulysses S. Grant, the President of and so special that every home has felt ernment a blessing to all the people, to the United States, do recommend that its comforting influence. promote the knowledge and practice of Thursday, the 18th day of November ‘‘It is too great to be the work of true religion and virtue.’’ next, be observed as a day of thanks- man’s power and too particular to be James Madison, who’s given so much giving and of praise and of prayer to the device of his mind. To God, the be- credit for writing the Constitution. Almighty God, the creator and the neficent and the all-wise, who makes You would think the guy would know ruler of the universe. And I do further the labors of men to be fruitful, re- what was constitutional and what recommend to all the people of the deems their losses by His grace, and wasn’t. March 4, 1815: United States to assemble on that day the measure of whose giving is as much ‘‘No people ought to feel greater obli- in their accustomed places of public beyond the thoughts of man as it is be- gation to celebrate the goodness of the worship and to unite in the homage yond his deserts, the praise and grati- great disposer of events and of the des- and praise due to the bountiful Father tude of the people of this favored Na- tiny of nations than the people of the of All Mercies and in fervent prayer for tion are justly due.’’ United States. To the same Divine Au- the continuance of the manifold bless- So many great proclamations.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.090 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7588 CONGRESSIONAL RECORD — HOUSE November 18, 2010 Over to William McKinley, 1897: man’s efforts, persevere and come to This is the Progressive Caucus, and ‘‘In remembrance of God’s goodness fruition with the blessing of God.’’ this hour we claim on behalf of the to us during the past year, which has Mr. KING of Iowa. I thank the gen- Progressive Caucus to talk to Ameri- been so abundant,’’ and then he quotes tleman from Texas for his presentation cans about the importance of having a from Scripture, ‘‘let us offer unto him here and setting the tone right for progressive vision for America. Even in our thanksgiving and pay our vows Thanksgiving as we are departing this this time after the elections were so unto the most high. Under His watchful city and going back to spend time with difficult for so many, the fact is that providence, industry has prospered, the our families again. We are a grateful we remain vigilant. We remain on the conditions of labor have been im- Nation, and I know that we will have a job projecting a progressive vision for proved, the rewards of the husbandman lot to be thankful for in the King this great Nation. have been increased and the comforts household, as does America have a lot And this hour we speak on behalf of of our home multiplied. His mighty to be thankful for. the Progressive Caucus, and this is the hand has preserved peace and protected Mr. Speaker, I appreciate your atten- progressive message, three progressive the Nation. Respect for law and order tion, being recognized, and all of our messages today for everybody, three has been strengthened, love of free in- service here to the American people. messages we want to hit. stitutions cherished, and all sections of f The first message is the unemploy- our beloved country brought into clos- ment extension. I want to talk about PROGRESSIVE CAUCUS er bonds of fraternal regard and gen- that. The other one is the Bush tax erous cooperation The SPEAKER pro tempore (Mr. cuts extension. And the third point is ‘‘For these great benefits, it is our POLIS). Under the Speaker’s announced the absolute deluge of dirty money duty to praise the Lord in a spirit of policy of January 6, 2009, the gen- which totally swept through this last humility and gratitude and to offer up tleman from Minnesota (Mr. ELLISON) election cycle, corrupted our politics, to Him our most earnest supplications is recognized for 60 minutes as the des- all to the tune of about $75 million, that we may acknowledge our obliga- ignee of the majority leader. some of it from sources no one knows tion as a people to Him who has so gra- Mr. ELLISON. Mr. Speaker, my name where they came from, and the abso- ciously granted us the blessings of free is KEITH ELLISON, and I am proud to lute urgent need for transparency and government and material prosperity.’’ come before the House today to address to get corporate money out of Amer- Theodore Roosevelt, October of 1903: you and the American people regarding ican politics. Those are my three topics ‘‘The season is at hand when, accord- our Nation and regarding the state of tonight. ing to the custom of our people, it falls affairs facing our people. This is an Let me start by talking about unem- upon the President to appoint a day of hour I claim on behalf of the Progres- ployment benefits. Today, we had a praise and thanksgiving to God. During sive Caucus. vote to extend unemployment benefits the last year, the Lord has dealt boun- The Congressional Progressive Cau- which will expire at the end of this tifully with us, giving us peace at home cus is that group of Members of Con- month, in November. This comes at a and abroad, and the chance for our citi- gress who believe that, yes, it’s true, time when Americans are looking for- zens to work for their welfare we all must be included in the great ward to what their Thanksgiving din- unhindered by war, famine, and plague. American Dream. The Progressive Cau- ner is going to be like. This comes at a Therefore, in thanking God for the cus is that group of Congresspeople time when many Americans are look- mercies extended to us in the past, we who believe that peace and diplomacy ing at Christmas, Hanukkah, holidays, beseech Him that he may not withhold and development are far, far away pref- time to be together. But 2 million them in the future.’’ erable to war and fighting and strife. Americans, if we don’t find a way to William Howard Taft, the only Presi- The Progressive Caucus, we are the somehow get unemployment insurance dent to have also been elected to Con- ones who say, yes, we should have child benefits extended, which again failed gress and to have been on the Supreme nutrition; yes, we should have food on the House floor today because of Re- Court, actually as Chief Justice: stamps for people in need; yes, we publican opposition, will have a very ‘‘A God-fearing Nation like ours owes should have real commitments to grim holiday. it to its inborn and sincere sense of the small business and small farmers, not 1600 moral duty to testify its devout grati- big business and the farming agricul- b tude to the All-Giver for the countless tural industry. This is a national shame. This is a benefits it has enjoyed. For many The Progressive Caucus is that body travesty. This is something that is too, years, it has been customary at the of Members in this Congress who come too bad. close of the year for the national exec- together around peace, around eco- Today on the House floor, unemploy- utive to call upon his fellow country- nomic justice, around the issue of civil ment extension benefits were up on the men to offer praise and thanks to God rights. We are the ones who say Don’t House floor, and we had to pass them for the manifold blessings vouchsafed Ask, Don’t Tell must be repealed. We by two-thirds vote because they were to them.’’ are the ones who say, as a Congress, on the suspension calendar. It’s nec- Woodrow Wilson says, in part, 1913: that the American people are one peo- essary to put things on the suspension ‘‘The season is at hand in which it ple and need to be included in this calendar because if we go through reg- has long been our respected custom as great American Dream; that the arms ular order, we can bet that there will a people to turn in praise and thanks- of America are broad enough for all of be a Republican motion to recommit giving to Almighty God for His mani- us. This is what the Progressive Caucus which will cause all kinds of damage fold mercies and blessings to us as a is. This is what we believe. and mischief. So the unemployment in- Nation. The year that has just passed We are not the ones who say that surance extension was put up that is has been marked in a peculiar degree some Americans are not okay based on expiring in a few days. And you would by manifestations of His gracious and who they love or what their religion is; think that something like extending beneficent providence.’’ and we are not the ones who say that unemployment benefits would be very John F. Kennedy, October of 1961: economic prosperity should only be for easy because we have 9.6 percent unem- ‘‘The Pilgrims, after a year of hard- the wealthiest among us; and we are ployment, so many people are facing no ship and peril, humbly and reverently not the ones who urge war. We are the opportunity to have any income if set aside a special day upon which to ones who urge peace. We are the ones these benefits are allowed to expire at give thanks to God. I ask the head of who urge economic justice. We are the the end of this month, of course com- each family to recount to his children ones who believe that the poor must be passionate Congress would step right the story of the first New England within our thoughts, particularly at up. You wonder why we wouldn’t get Thanksgiving, thus to impress upon fu- this time of year. 100 percent of all these Members to ture generations the heritage of this We are the ones who argue that we vote for extension of unemployment Nation born in toil, in danger, in pur- must extend unemployment insurance benefits. But 150 of our colleagues on pose, and in the conviction that right benefits, which, sadly, went down on the Republican side voted ‘‘no’’ to ex- and justice and freedom can, through the floor of this House earlier today. tension of unemployment insurance

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.092 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7589 benefits, and because of that, we didn’t maybe they can pay their rent, and product. It will hurt our economy in pass it. maybe that will mean that the land- the same way I just explained a mo- So now many of us who stay up at lords who perhaps rent to them will be ment ago. For people just tuning in, night worrying about what Americans able to maintain their building and be Mr. Speaker, I just want to say what are going to do, put food on the table able to pay the utilities associated will happen is that if people don’t get for their families, have some more with running that apartment building the unemployment insurance benefits, nights to worry, because the truth is that they might live in. they cannot spend, and the local retail- we are not able to pass the extension of But if they can’t, then the person ers cannot maintain their staff, who unemployment on the House floor. An doesn’t get their unemployment bene- then will end up laying people off. This overwhelming number of Democrats fits, they’re not shopping as much, will extend and increase unemploy- voted for it, and even some Repub- their shopping goes down, then the peo- ment. It’s already 9.96 percent. How licans voted for it, to their credit. But ple who work there lose their jobs, much more do the people who voted we didn’t get enough of that caucus, then they can’t pay their rent, now the ‘‘no’’ want it to go? and so we ended up seeing that bill fail. landlord is not getting their rents in, Goldman Sachs has estimated that if Obviously, the unemployment exten- now the landlord is looking at the the extension were allowed to expire, it sion is hitting snags in the Senate. But building going into foreclosure because would reduce economic growth by half if we could have passed it here, it they can’t even keep the mortgage up a percentage point. Now, half a per- would send a very important signal to on that. centage point of economic growth, that the Senate that they must take up this Now let’s talk about housing. Let’s just sounds like some statistic. But measure, they must pass it through for talk about we have seen about 2.8 mil- what that means is fewer refrigerators the sake of the people, of the Ameri- lion foreclosures in 2009, about a simi- bought, fewer cars bought, fewer loaves cans, 2 million of them, who are seeing lar number this year, on pace for that of bread bought, fewer eggs bought, unemployment benefits expire even by if not more. Those people who are fewer people hired, fewer people who the end of this year. counting on that unemployment check are going to be able to run the risk to I want those Americans to know, are counting on using that money to start the small business that they’ve nearly 2 million Americans to know pay that mortgage. More foreclosures. been thinking about. This means this that there are people in this House of This was incredibly irresponsible to is a bad thing for our economy. It Representatives who care desperately not pass unemployment insurance ben- means real pain to real people. That’s about them and their children. We put efits. what it means to see gross domestic the measure on the floor and voted for Mr. Speaker, I hope that Americans product fall and economic growth slip it, needed two-thirds vote, couldn’t get saw what happened today and demand by half a percentage point. the support of our colleagues, and it that Congress pass unemployment in- Another noted economic organization didn’t go. And sadly, I want to say that surance benefits. Unemployment insur- that does economic analysis has esti- I hope those 150 Members who voted ance benefits is good economics. It will mated that allowing the extensions to ‘‘no’’ think about you in the weeks to cost our country more than it would expire would reduce gross domestic come. It is difficult, it is desperate, and have to spend to extend these benefits. product by about $14.1 billion. Again, I think that Americans, Mr. Speaker, It will cost our country more in terms almost half a percentage point. This is need to raise their voices and look at of lost jobs, lost revenue to State, a consensus of people who are economic the vote count to see who voted with local, and Federal Government because experts. them and who didn’t. of people who are not working anymore Now, let me just tell you this. Some people who voted ‘‘no’’ are operating Nearly 2 million Americans will lose who now may become an expense. It under a very false belief system. They unemployment benefits by the end of will cost more money. It is incredibly think that unemployment insurance the holidays if Congress doesn’t find a shortsighted. It’s bad economics. And benefits are somehow living really high way to act. At this point, we may well when it comes to the individual effect and you just got all kinds of money have to act even if under a good, best on the family, it’s just heartless. I have and basically you got so much money case scenario after the extension of the sympathy for people that heartless. I you don’t even want to look for a job. benefits, after the benefits lapse. We think you should be more compas- have done it before. We may need to do sionate than that, Mr. Speaker. b 1610 it again. But the fact is that that is the February 2011. We’re halfway through Basically, they’re saying paying peo- situation. November, we have December, then we ple unemployment insurance benefits, According to the Department of have January. February 2011, 4.4 mil- a little help from your fellow Ameri- Labor, 1.98 million workers, that is lion workers will lose their unemploy- cans when you’re in a bind, somehow nearly 2 million workers, nationwide ment benefits with devastating effect stifles the incentive to work. Somehow will lose benefits by the first of this to their family and our entire econ- government subsidies—there’s never an year, January 1. By the end of Feb- omy. argument against those companies ruary 2011, in only a few months, over Economists agree that ending emer- that get tax breaks to do offshore drill- 4.4 million workers will lose benefits. gency unemployment insurance bene- ing. They’re never something that’s a Now it has devastating effects for in- fits programs now hurts the economy. disincentive for people who are well- dividual families, no doubt about it, Even economists say it. This is not heeled, high, mighty, and well-to-do. mom, dad, perhaps both, perhaps sin- simply Keith Ellison on the House floor But whenever it comes to us who work gle-parent families not having any un- saying this. Economists who study this really hard, anything the government employment, in this tough economy stuff every day say, do you know what? gives us might make us want to work not able to find a job. But it also has a The effect of ending these programs is less. Absurd. devastating effect for our whole econ- going to hurt our recovery and hurt But the average weekly unemploy- omy, because when people have unem- our economy. The Department of Labor ment benefits—about $303—are barely ployment insurance benefits to go buy analysis by Wayne Vroman, who is an 70 percent of the poverty line for a fam- groceries and pay rent, they can pay economist, well trained economist, ily of four and, on average, replace less their landlord, they can pay the gro- found that unemployment insurance than 50 percent of a worker’s prior cery store. And if you can pay the gro- benefits boost economic activity by $2 earnings. I am going to repeat that be- cery store, then the grocery store has for every dollar spent in 2009. So if we cause there’s numbers in there and I made a sale. And if the grocery store do extend unemployment insurance don’t want anybody to not get it. The has made a sale of groceries, then they benefits in the year 2009, that would average weekly unemployment insur- can keep those folks who work for the mean that there would be $2 in eco- ance benefit—about $300, a little more grocery store. And if the folks who nomic activity. Now that’s a pretty than that, about $303—is barely 70 per- work for the grocery store can keep good deal. That is what you call a mul- cent of the poverty line for a family of their job, then they can buy some gro- tiplier effect, which is very beneficial. four. So if you’ve got mom, dad, and ceries. And if those folks can buy some Reducing unemployment insurance two kids, and you’re getting unemploy- groceries, then other people can. And benefits will reduce our gross domestic ment insurance benefits, you’re not

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.094 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7590 CONGRESSIONAL RECORD — HOUSE November 18, 2010 making the poverty line by about 30 this where we have so much foreclosure But I bet you if the American people percent. That’s about 70 percent of the crisis, so many hits to our economy. exercise their First Amendment rights, poverty line for a family of four and, But, you know what? People are some people would listen, because on average, replaces less than half of looking for work. They’re trying. sometimes politicians can’t see the the worker’s prior earnings. They’re doing everything they can. light until they feel the heat. So people on unemployment insur- They’re doing the best that they can. Unemployment insurance benefits ance are not getting over on anyone. And this government of ours, which have dramatically decreased poverty, These are people who pay in while represents our people—of, by, and for Mr. Speaker. And we’re at a time when they’re working. This is a benefit they the people—should be there to extend we have record poverty. But because of worked for. This is a benefit all of us unemployment benefits on an emer- unemployment insurance benefits, we come together, all of us put in a pot, gency basis when we have a job crisis fought back that poverty and provided and say, you know what, if any one of like the one we have right now. And economic security to millions of mid- us loses our job, we’re going to use this it’s a shame and a national disgrace dle-income American families. Unem- to help you maintain while you’re in that this Congress could not get two- ployment insurance benefits kept an that situation. This is a good program. thirds of the vote of this Congress to estimated 3.3 million Americans out of This is something that every industri- pass unemployment insurance benefits; poverty in 2009. Let me repeat that, alized, civilized country, unless you’re 150 people voted ‘‘no.’’ One hundred Mr. Speaker, because that’s another just an impoverished nation, any de- fifty Members of Congress voted ‘‘no.’’ one people really need to be focusing cent country would do this. And yet And because they refused to step up to on: unemployment insurance benefits here we are saying ‘‘no’’ to these peo- the plate and do what was right for the kept an estimated 3.3 million Ameri- ple. American people, about 2 million of our cans out of poverty in 2009. This is a And here’s another thing. Some folks fellow Americans by January 1 are good thing. And now we’re looking at will say, Well, you know, if we cut going to be going without. They’re ending the program by the end of this them off, maybe they’ll work harder going to have a very grim set of holi- month. That’s wrong. Without these now. Maybe they’ll look for a job. days. And my heart aches for them. benefits, the increase in poverty from They’re looking for a job. You can’t get But, by February, 4.4 million will be in 2008 to 2009 would have been nearly 6.9 unemployment insurance benefits un- extremely dire straits. million rather than 3.6 million. So pov- less you’re looking for a job. That’s one And so I just want people to know, erty would have been twice what it was of the rules of the program. But with Mr. Speaker, that the people don’t without our acting in the earlier times every five job seekers for one opening, have to take it. They can call, they can that we did. Because we acted already, with five job seekers for every one write, Mr. Speaker. As you know, we we were able to cut poverty to half the opening, workers are unemployed be- live in a democracy. It’s a free and rate that it would have been. But now cause there’s simply not enough jobs open society and people can let their we’re letting it expire. yet. Even though in the last several voices be heard to their government months we’ve been adding private sec- that this kind of behavior in Congress Now I also want to say almost a mil- tor jobs, about a millions jobs we’ve is not okay. Mr. Speaker, they can do lion children were kept out of poverty created since the recovery began, that. And if they did, I think it would in 2009 because of unemployment insur- there’s still not enough jobs. be a good thing. ance benefits. Almost a million chil- You see, during the Bush era they Mr. Speaker, Congress has never ter- dren. We’re talking about little ones just did that much damage to the econ- minated federally funded jobless bene- that are trying to go to school, trying omy. They lost about 800,000 jobs in the fits when the unemployment rate was to learn, developing brains. And be- very month that Barack Obama took as high as it is today. Let me say that cause they were able to get the basic office as President of the United again: Congress has never terminated decency from their government in un- States. So we’re just climbing out of federally funded jobless benefits when employment insurance benefits, they this very deep hole that the Republican the unemployment rate was as high as were able to stay out of poverty. But a Congress and George Bush put us in. it is now, 9.6. Since the unemployment million children, a million little ones But even though jobs are increasing, insurance system was founded 75 years going into winter, going into the cold there’s still about five people looking ago, Mr. Speaker, Congress has never months, going into the holidays are for every one opening for a job. In terminated an emergency unemploy- going to have to face that poverty be- other words, even if every job opening ment program when the unemployment cause our Congress would not act. were filled by an unemployed worker, rate was even above 7.5 percent, let over 11 million workers would still be alone 9.6 percent. Because it’s irrespon- b 1620 looking for a job, because even though sible to the individual family and be- we have been doing a good job, the cause it’s devastating to our economy I just want to say that that’s wrong. damage is so severe that we’ve got a at large. The American children deserve better long way to go. Even following the 2001 Bush reces- from their government than they got Now it’s important to understand sion, the Republican-controlled Con- today on this House floor. that even nonpartisan organizations gress maintained temporary Federal I want to move on to tax cuts, Mr. who look at these questions have a lot unemployment insurance programs Speaker, but before I do, I want to re- to tell us about it. The independent until the unemployment rate went peat some of the more salient points Congressional Budget Office—they down to 5.8. What is the difference be- because maybe some folks just got on don’t work for the Republicans, don’t tween our Republicans of today and C–SPAN. I just want to say 2 million work for the Democrats. They just those of even just a few years ago? Americans stand to lose benefits dur- work for you, the American people, to Maybe some people think, Mr. Speaker, ing the holiday season because Con- try to give us the best information I don’t know, maybe they think their gress failed to extend unemployment they can. The independent Congres- political chances are better the more insurance benefits—2 million. Mr. sional Budget Office found that re- pain poor people have to face. Speaker, 2 million Americans stand to search suggests that the effect of re- If the current temporary program lose unemployment insurance benefits cent extensions in unemployment in- would be allowed to expire by the end this holiday season, and 2 million more surance benefits on the duration of un- of November, which it is set for, it could lose them by February 2011. employment for recipients was rather would be shorter than temporary pro- These Americans buy goods and serv- small, meaning the people don’t stay grams enacted in numerous years of re- ices, stimulating our economy, which on unemployment long. They use it cessions. This year, if we let this pro- keeps people employed, which keeps while they need it, and then they get gram expire, we would have cut the rents being paid, which keeps mort- another job. The duration for unem- emergency program shorter than we gages being paid, and which keeps our ployment—people just need it to get did in 1990, in 2000, in the 1973 reces- economy moving toward recovery. Be- by. Sometimes it goes longer than ex- sions. Why are we so stingy now, Mr. cause we’re not acting the way we pected, particularly in an economy like Speaker? I don’t know. I don’t know. should, we are putting this recovery in

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.096 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7591 jeopardy. Is electoral success so impor- Cutting middle-income taxes might ac- allowed them to make the money that tant that you’re willing to put 2 mil- tually help people. Cutting taxes for they made and that the ladder of op- lion more people into poverty? It’s a the richest Americans is damaging to portunity needs to stay where it is. shame. this economy and is unfair to the rest I was talking to one fellow who said, Now, Mr. Speaker, I want to jux- of us, and there are a lot of wealthy Oh, we should have a tax cut for every- tapose this question of our refusal to people who agree with me. Because you body, not just for the 98 percent and pass unemployment insurance benefits know what? They know that the eco- down. We well-to-do people do so much with what seems to be the thing that nomic ladder has got to stay in place. for the economy. everybody feels like talking about You can’t live in this great country I said, Well, wait a minute. Didn’t around Washington, which is whether and make all the money that living the rest of us do so much for you? or not we are going to extend tax cuts, here has given you the opportunity to Didn’t you brag to me about how you tax breaks, for the richest Americans. make and then pull that ladder up be- went to college on the GI Bill? Who did Right now, the debate is: hind you once you’ve made it all. It’s that for you? That was the public. That Shall we extend the Bush tax cuts up wrong to do. was the American people. Didn’t you to $250,000, which means that people You know, we Democrats/Progres- go to State University of ‘‘Whatever’’? who make more than that will be able sives don’t have any problem with peo- Didn’t you tell me you were a member to have their tax breaks extended for ple coming up with a great idea and of the State patrol for a while before the amount below that, or will we just marketing it. People like it, so they you went into your business? extend them for all, up to the top 2 per- buy it. They make a lot of money. This is a real conversation I had with cent, which would mean extending Okay. That’s fine. The question is, somebody who benefited so much from them for everyone? once you have used our roads to move the public but then didn’t want to hand If we extended them for everyone, your products around, once you have anything back. that would cost us an extra $700 billion. used our public schools to educate your Right now, I’m joined by one of my The people who are most adamant and workforce, once you have relied on our very favorite Members of Congress, the who scream the loudest about deficits, military to protect you, once you have Congressman from the great State of debt, and spending are the first ones used our police force to protect your California. who want to make sure that the richest firms and all your assets and property, Congressman, what do you say to- Americans get their tax cuts to the once you have used our emergency night? tune of $700 billion. Mr. Speaker, we medical services if, heaven forbid, you Mr. GARAMENDI. Well, Mr. ELLISON, don’t have the $700 billion, so where are get a heart attack from all that work I was in my office. Of course this floor we going to get the $700 billion? We’re and you need that service, once you use is constantly on the TV screen, so I going to borrow it. Our Republican col- all of these government services, once looked up, and I said, Hey, there’s my leagues want us to borrow $700 billion you drink the water which some gov- man. There’s the guy who is from the and give it to the richest Americans. ernment worker has inspected to make great upper Midwest, who has seen the So we wonder, Who are we going to sure is safe, once you eat the meat incredible downturn of the American borrow it from? Probably from the Chi- which some government worker has in- economy. I know that you’ve worked nese. I don’t know. We don’t have it. spected to make sure is safe and you hard for your district to try to bring in Also, according to their pledge to benefit from all of that and then you those jobs and to try to create the leg- America, they want us to cut edu- say, ‘‘Oh, I don’t want to pay any islation that would bring the jobs into cation by about 20 percent. Is this a taxes. I don’t want to pay any taxes. I that district. As you were talking, I recipe for a competitive America? want to keep it all just for me,’’ there said, I’m going to go over and say just Those people will say, Oh, we want is a word for that—and it is ‘‘greed.’’ a couple of things in support of the America to be competitive. They say There is no other word for it. I shudder message that you’re giving today, a that they want America to compete, so when greed has been elevated to a po- message that over the last 2 years has we’re going to add to the debt to the litical philosophy. been one of a consistent effort by the tune of $700 billion. We’re going to bor- We’re not talking about a complete Democratic House to stabilize the row the money, and we’re going to cut government takeover, which some peo- American economy. We did that with education. The richest Americans ple are so happy to try to accuse us of. the Wall Street bank bailout, which a can—I don’t know—buy more boats, We’re talking about a mixed economy lot of people didn’t like. stay in more luxury hotels, buy big, fat where the public and the private sec- b 1630 cigars, and buy bottles of Cristal. I tors are in reasonable balance. That’s don’t know what they do. I’m not one all we’re talking about. We cannot bor- I had problems with it, too. I think of them. The point of the matter is it’s row $700 billion, give it to the richest 2 those Wall Street barons should have wrong, and we ought to be embarrassed percent of Americans and then cut our paid a heavy price, but the price that to talk about it. educational system and say that we are they could not pay and should not pay Now, some of our friends say, Oh, that balanced, reasonable, mixed pub- is the total collapse of the financial in- yeah, we’ve got to give the top 2 per- lic-private sector economy. We can’t do dustry of the world because we would cent a tax break, too—they’ll say—be- it. wind up, mom and pop at home, wheth- cause it’s going to help boost jobs. So I say that this middle-income tax er you have a 401(k), which unfortu- Wait a minute. Didn’t we have these cut—again, if you do make lots of nately became a 201(k), whatever, we tax cuts back in 2001 and 2003? Don’t we money, if you are the top 2 percent, did that and it worked. have massive unemployment? Their your tax cut will be extended from zero Then you came right back, the program has failed. The evidence is on to $250,000. That’s the thing. Everybody Democrats in this House and the Presi- the wall. It’s there. Their program has is going to still have an extension, but dent came back with the American Re- failed. If tax cuts are so great, why did you won’t get it if you’re above that. covery and Reinvestment Act, 3 mil- we lose 800,000 jobs in the last month So that’s what we mean by a middle lion jobs out of that, stabilizing once that George Bush was the President of class or a middle-income tax cut. It’s again the situation where the jobs were the United States? No. Forgive me. very important to understand this. in free-fall the last months actually of 841,000 jobs. Can’t leave out those 41,000 This is not something that’s against the Bush administration in 2008, 800,000 jobs, because there were 41,000 people the rich folks. Hey, look. You know, jobs lost. But that began to turn in those jobs. Why did we lose about 4 there are a lot of good rich people. The around, and so in 2009 we began to see million jobs during the last 6 months of fact is many of them understand that a turnaround, a lessening of the lost the Bush Presidency if cutting taxes the ladder of opportunity must be jobs. They continued to lose jobs, but were such a great idea and a panacea there for everybody else, but there are nonetheless, each month that went by for everything? some who figure, I’ve got money. Skip there was fewer and fewer jobs lost, I’m going to say, Mr. Speaker, that you. and then in 2010 we’ve actually seen cutting taxes is not a bad thing at all. That’s wrong. We need people who the growth of jobs in America once It depends on who you cut them for. understand that this great country has again, not only as a result of those two

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.098 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7592 CONGRESSIONAL RECORD — HOUSE November 18, 2010 pieces of legislation, but dozens and joining me down here for the progres- Mr. GARAMENDI. It’s easy enough dozens of other bills that I was fortu- sive message. It’s really always a joy to say, but when you’re out hunting for nate enough to work on when I came to be with you. I was spending a little a job, you know these are difficult here just over a year ago in a special bit of time talking about how this de- times. And we’re going to make efforts election. nial of the unemployment insurance to turn that around, and we’ve talked It’s been hard work. We’ve not had benefits extension absolutely has a about that a little already, but the jobs much help, and this is one of the things devastating effect to the individual are not there. We need to move this that I find so disappointing having family. It also has a devastating effect economy forward, and then as we do so, come here just a year ago, and on all of to the economy because consumer de- those jobs will come back. And let’s those bills, the American Recovery and mand is bolstered by people having understand, this is not a bunch of wel- Reinvestment Act, the stimulus bill, some income, even when they’re unem- fare. A lot of people are against wel- the HIRE act that gave incentives to ployed. fare. We understand that, but these are employers to go hire people, the saving Mr. GARAMENDI. It is a local store. middle class Americans—— of the American automobile industry. If you have no money, you are not Mr. ELLISON. That is right. The Republicans voted against these going to do one thing for this economy Mr. GARAMENDI. Who had a good bills. except be an additional burden to it. paying job 2 years ago, a year and a On unemployment insurance, the Re- And so if you have an unemployment half ago, 6 months ago. These are men publicans voted against it. I mean it’s check—and let’s keep in mind, that’s and women who over the years have easy enough I suppose if you have a job something that the workers and em- been the backbone of this Nation, mid- not to worry about the uninsured, but ployers have paid into so that when dle class America, and yet 143 of our if you don’t have a job, what are you you lose your job, you have a continu- colleagues on the Republican side going to do? How do you keep a roof ation of income and you use that didn’t see it that way. I guess they over your family’s head? How do you money to go down and buy some cloth- thought, well, if they don’t have any provide the food? Well, you do it by ing for your kid, stimulate the econ- money they will go to work. getting an unemployment insurance omy, give the retailer—you buy bread, I would ask any one of those 143 to check, which, actually—workers in you buy food, you’re able to pay your leave here today and go out and see if America and employers in America rent, you’re not going to have to face they could find a job, and if I were an have paid into an insurance program that foreclosure and help drive down employer and somebody had that year after year after year and that the prices of homes in your neighbor- amount of compassion, I know where I uninsurance program provides the in- hood. It’s all there. It makes so much would send them. I’d send them out the surance when a person loses their job. sense on the economic level. door and good-bye. I couldn’t believe it today on the But on the human, moral level, about Mr. ELLISON. Now, Congressman, floor. We have more than 2 million where we are as Americans, it’s not the you’re not talking about one of those Americans whose unemployment check fault of that worker out there that lost big lobbyist jobs. You mean a real job is going to run out during these holi- his job that he doesn’t have a job. that makes you put your back into it, days. Between the end of Thanksgiving Many, many reasons for it. Wall right, that so many Americans have to and New Year’s, 2 million Americans Street, greed on Wall Street, all of turn to, to be able to meet their daily will lose their unemployment check. those things. We can talk about that needs. Now, the economy not’s running the later, but it’s not that worker’s fault. Mr. GARAMENDI. Go out, let’s see if way we want it to run, and hopefully It’s not his kid’s fault. Can’t we just you can pay the building—let’s see if you and I will have a chance to talk muster enough compassion to give you can go out and run a backhoe, dig about making it in America, making those families an opportunity during a ditch, or operate a bus or train or this economy once again, but today, on this holiday season and on into the new whatever. No, no, no, and when they this floor, not more than 3 hours ago, year enough money to stay in their lose their job here, as they should for we were unable to muster a two-thirds home? this vote alone—they should for this vote to pass an uninsurance check ex- What are they are going to do, go out vote alone lose their job here—no, they tension so that people would have food, and live in their car? They can’t afford will go down to K Street, and they will shelter, clothing, maybe even a small to buy the gas, I guess they can become get one of those high-powered office gift for their children at Christmas- the homeless. 143 Republicans this day building jobs and they’ll come back time. said go homeless, go live in your car, and lobby us and try to tell us what we What are we doing here? If we are don’t worry about the holiday gifts, should do. I will tell them what they such—we, not we, the Democrats voted don’t worry about your children be- should do—they should take a hike en masse for this, but 143 Republicans, cause they will have no food, they’ll right out of this building because more than the one-third to block, have no place to live. What are they they’re the super Scrooges of this ses- voted against this. We’re talking about thinking in this House? 143 Repub- sion. the ultimate Scrooge. This would make licans said ‘‘no.’’ They blocked, 7 days Mr. ELLISON. Congressman, thank Charles Dickens right up there on top before Thanksgiving, they blocked an you for making those points. with Scrooge on Christmas, on the hol- opportunity for 2 million American I just want to see if I can also get iday season, when we ought to be gen- families to have enough money to put your views because as we’re talking erous. 143 Republicans this day voted a holiday meal on their table, to put about denying families basic money to deny 2 million Americans enough shelter over their family. right before Thanksgiving, right before money to buy a gift for their child, to Mr. ELLISON. Congressman, thank New Year’s, right before Christmas, put a holiday meal on the table. you for pointing those things out. One right before Hanukkah, right before so Okay, fine, I understand where of things that continues to stay on my many American holidays, we are also they’re coming from—no, I don’t un- mind is how some of the rationale for really talking about whether we should derstand where they’re coming from. I this ‘‘no’’ position that was taken by so extend tax cuts to the top 2 percent to don’t get it but we need to move for- many of our colleagues in the Repub- the tune of about $700 billion for us ward. We need to move forward. I know lican caucus is that with, well, you which we don’t have and we’ll have to you have been talking about that. And know, if you give people unemploy- borrow. I wonder if you have any we can do it. We can rebuild the Amer- ment insurance benefits, maybe that thoughts on this. ican manufacturing industry. It’s there will dissuade them from looking for a 1640 for us to do it if we use wise public pol- job. Do you have any views on that par- b icy, and I know you have been talking ticular mode of thinking? Mr. GARAMENDI. Well, this is an- about this, and I’d love to engage in a Mr. GARAMENDI. Well, apparently other issue that’s going to be before dialogue with you and see if we can those people that say that haven’t been the Congress in the next couple of share some thoughts here. looking for a job. weeks, and that is, what are we going Mr. ELLISON. Well, you know, Con- Mr. ELLISON. It’s easy to say when to do about the 2001, 2003 tax reduc- gressman, I just want to thank you for it’s not you. tions that expire on December 31?

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.100 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7593 Those tax reductions were pushed for- $700 billion. So you can’t talk out of These are the issues that are impor- ward by George W. Bush and the Re- both sides of your mouth here. Either tant to the American people. And I publicans, who then controlled both you are a deficit hawk and you vote tried to address some of them in 1 this House and the Senate. And they against a tax cut for the wealthy, or minute. You can’t discuss them in 1 wrote the tax law so that the middle- you are a hypocrite and you vote for a minute. One of the issues we heard income got a little bit. It was worth- tax cut for the wealthy and increase about was the deficit. The deficit was while. It was a good reduction. But the the deficit by $700 billion. created by the Congress that was begun real reduction went to those with the Mr. ELLISON. Now, Congressman, in the beginning of this century. The big bucks, those who had more than another thought I wanted to get your Congress in 1994, when President Clin- $250,000, $500,000, $1 million, $1 billion views on here, it’s been puzzling me. ton was President, a Democratic Con- annual incomes. They got the big These folks say it with such conviction gress with all Democratic votes passed bucks. that they must believe it. They say, a balanced budget bill that balanced And what happened was, we saw, once Well, if we cut these taxes, this will the budget by the year 2000, and that again, the widening of the gap between lead to an economic boom. But that is balanced budget with a surplus was the working men and women of the trouble because, why did we end up in squandered with Bush tax cuts that middle class and the high and the such an economic malaise, because cost tremendous amounts of money mighty, the top 1 percent of this Na- we’ve had these tax cuts in place since and a trillion-dollar war in Iraq with- tion who now control 70, 80 percent of 2001 and 2003; and this decade has been out weapons of mass destruction and all the wealth of the Nation. They cer- the decade of the slowest economic without a well-defined purpose and tainly have the big salaries. And do growth since World War II? So if tax without the truth behind the purpose, I they need a tax break at the expense of cuts are the answer for everything, believe, of that war. And then an addi- an unemployed worker from a factory why didn’t we have great economic tional war in Afghanistan that was in your district, an unemployed worker growth, and why do we have such an made the secondary war. This has cre- economic recession now since we’ve from a factory or from a school in my ated the great deficit that we have had these tax cuts in place? district? I don’t think so. now, and you’ve got to correct that Let’s talk about what it is. For those Mr. GARAMENDI. Well, because tax cuts, particularly at the upper income through income or through cuts. making $1 million a year, the tax cut is What has been recommended by the worth $83,000 a year. Now, you tell me levels, don’t equate to economic growth. You are quite correct, the bipartisan panel the President set up how many out there in middle America bears looking at as a beginning. It’s are making $83,000 a year. Well, we George W. Bush tax cuts in 2001 and 2003 helped create the extraordinary going to take some tough decisions, know that there are 2 million that are deficit that we currently have. There but we also need revenue; and the rev- unemployed that certainly aren’t. But were a couple of other things, two enue can’t be across-the-board exten- if you took that money, that $83,000 for wars, Iraq and Afghanistan, that were sions for the Bush tax cuts. And to the all those millionaires, you could create not paid for by American money but upper 2 percent, as Mr. GARAMENDI was 3 million jobs that would pay $30,000 a rather by borrowed Chinese money and talking, they don’t spend that money. year. Not a great deal, but a living the tax cuts and the ultimate near col- My friends all drive Chryslers, I must wage for 3 million Americans. lapse of the economy in 2007 and 2008. make amends; dear Lord get me a Mer- So we’ve got choices here. We’ve got Those all added to the huge deficit. cedes-Benz. That’s an old sixties song. choices. You are going to give the But it’s also, just as you have pointed That’s what they buy, is a Mercedes- wealthy even more, $83,000 a year— out, clear by the employment statistics Benz or maybe something from Cartier, that’s just for millionaires. And there that following the tax cuts in 2001 and which doesn’t really stimulate the are billionaires out there who will 2003 that the number of people em- economy. It might tickle the fancy of make even more out of this tax cut. ployed actually reduced by nearly somebody, but it doesn’t stimulate the What are they going to do with it? 600,000 people over the period of the economy. Well, I guess they could buy a Mer- next 5 years. So, you know, it doesn’t We’ve got to make some difficult de- cedes-Benz E-Class which does cost equate. about $82,000. Maybe we would like to cisions and earmarks aren’t the issue. Now, we need to provide the current Earmarks don’t take away from the think of them with a nice big, fat tax cuts for those in the middle class cigar. They could buy 2,000 of those ci- deficit. It just means that rather than that are earning less than $250,000. And, your Congressperson from your district gars every year for the next decade, really, for every American earning and they could light each one of those who knows your needs, it will be some- $250,000 or less—if they make more, body in Washington spending that cigars with a $100 bill. Now that’s a they’re going to pay a little more—it’s worthy way to do it. Or would you money. The earmarks need to be done very, very clear that if we continue to in a transparent manner, and this Con- rather have 3 million Americans earn- provide the tax cuts for the very ing $30,000 a year or, in this case, even gress has seen that they are published. wealthy, it’s not going to create more The people have to say that they are an unemployment insurance check? jobs. For those who need the money, And one of the things, Mr. ELLISON, theirs, they have no financial interest, they’re going to pay their mortgage, they don’t have a personal stake, and some days I want to stand up here on they’re going to make that car pay- they can’t be for a for-profit company. the floor and just scream and say, ment, they’re going to buy food, What are you guys thinking? Deficit they’re going to buy clothing, they’re Earmarks in and of themselves are reduction. Oh, my goodness, we just going to invest that tax money into not bad. They just need to be cleaned finished an election. And deficit reduc- the economy, stimulating the econ- up, and this Congress has cleaned them tion was on every advertisement. We omy. For those that are wealthy, I up. But the fact is, we need to make have got to deal with the deficit. We guess they will go buy another Mer- some difficult decisions. I’m prepared have got to deal with the deficit. Well, cedes-Benz, which I think is manufac- to make those difficult decisions on what the Republicans are proposing is tured overseas. some long-term economic policies that a tax break for those who earn more Mr. ELLISON. I think you’re right. will help clean up the deficit, which we than $250,000 a year. Congressman, let’s now turn to our need to do. I don’t agree with much of Let me back up here. Every Amer- good friend from the great State of what was put in the bipartisan pro- ican taxpayer, every American tax- Tennessee. Congratulations on your re- posal that was just recently announced payer will receive a tax reduction up to election, my friend. Congressman, by Mr. Bowles and Mr. SIMPSON, but $250,000. If they are making more than we’ve been talking about economic jus- it’s a starting point; and it should not that, the tax break that they have had tice, the denial of the unemployment be summarily dismissed as it was by for the last decade would end. insurance extension, the Bush tax cuts. some from my party. On the other Now, my Republican colleagues want What are your thoughts tonight? hand, the issue of earmarks is a subter- to extend that tax cut for the wealthy. Mr. COHEN. Well, I thank you for fuge or just an issue to be thrown out What it means is an additional $700 bil- having this hour and for letting me there which has nothing to do with the lion of deficit over the next decade, join you, each of you. deficit.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.102 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7594 CONGRESSIONAL RECORD — HOUSE November 18, 2010 b 1650 women an opportunity to have enough in power that is taking place and con- It’s going to take some tough deci- money to take care of the holidays sole ourselves with wishful thinking. sions, and the Department of Defense that are ahead of us, put food on the We must quit fooling ourselves that can’t be off the table. Some say, Oh, table, maybe buy a few gifts. there are offsetting elements at play, you can’t deal with the Department of There is another thing that we need that the glass can be viewed as half full Defense. There’s a lot of money in the to do, and we’ve been working at that or half empty. It is clear that a power- defense budgets that’s there because of for more than 2 years, in almost every ful adversary is unabashedly out to who manufactures the weapons and not case without any help whatsoever from grab that glass and drain it, consume it the purpose of the weapons, and there’s our Republican colleagues, and that is at the expense of the American people, a lot of waste in the Department of De- to get America back to work. The Re- and leave Americans of the future in fense, and we need to look there as covery Act, 3 million jobs, no Repub- thirst of the prosperity and security well. And we’re going to have to make lican votes. The HIRE Act, another few which we now take for granted. some large cuts, and that’s where most couple of hundred thousand jobs, no And it is not only our children’s fu- of the money is. Republican votes. ture at stake. What we do as a people, So I join with you. I appreciate, Mr. Even when it came down to putting as was the case of Americans before us, ELLISON, your work. I appreciate Mr. teachers in schools, to keep them will determine which diametrically op- Stein’s quoting you in Time Magazine there—in my own State, 16,600 teachers posed system of governance—freedom when you cited me as part of your are in the classroom because we put or tyranny—will shape the world and team, and I’m going to be part of your some more money on the table to help human events for generations to come. team. And, Mr. GARAMENDI, I appre- the States and local communities—po- Today, radical Islam can be, must be, ciate what you’ve done from California lice and firemen the same, not one Re- and will be thwarted. Yes, it is a threat and in your leading these discussions. publican vote. that is now upon us. Radical Islamists, And I just want to be a part of the end- Talk about the deficit forever. Yeah, however, are not only butchering ing of this Congress that does some you can talk about the deficit, but it Christians and Jews, but a multitude of economic justice and that we try to see comes down to a point, are you willing Muslims as well. And yes, forces of mo- that economic justice is not forgotten to take action to deal with the deficit, dernity within the Muslim world who in the 112th. and our Republican colleagues have are themselves threatened with exter- Mr. ELLISON. Well, I’m going to said a resounding ‘‘no’’ thus far. They mination will help us defeat this evil leave the last word to Congressman want a $700 billion increase in the def- plague of radical Islam. GARAMENDI, but I just want to say be- icit to finance a tax break for the Today, if we remain vigilant and if fore we close out, because we are get- wealthiest part of America’s society. we remain engaged, we can be con- ting close to the end of the hour, this This is hypocritical. This is wrong. fident of this outcome. Yet, as I say, a Democratic Caucus is resolute. In this And it’s time for us to go. Mr. greater threat is just over the horizon. last election, you know, okay, we got ELLISON, thank you so very much. Mr. I am referring to China, a dragon of im- our nose bloodied a little bit. But you COHEN, delighted to have the oppor- mense power and insatiable appetite. know what? We are focused on the best tunity to talk to you about these fun- This challenge will far outshadow the benefit and the welfare of the Amer- damental American issues. current battle with radical Islam. ican people. We will not bend. We will Mr. COHEN. China is already engaged, already not bow. We will stay here talking Mr. COHEN. I would just like to manipulating, already doing damage, about Making It In America, talking make one statement, Mr. ROHR- already making serious moves to cata- about jobs, talking about renewable en- ABACHER, if you would permit before. pult itself into a position of pre- ergy, talking about manufacturing, You know, I think it was Wavy Gravy eminent power on the Earth. To them, talking about infrastructure, fighting that said, if you remember the sixties that would simply be moving the cen- back these unjust economic policies you weren’t part of the sixties. Well, ter of the Earth back to China where it which skew our economy so that we when you get into your sixties, some- once was and rightfully should be, from pull up the ladder of economic oppor- times you forget things. It was, I be- their ethnocentric perception. tunity. We’re not going to allow it. lieve, Janis Joplin, and it was: My Right off, let me assert my intention I’m going to let Congressman friends all have Porsches. I must make is not to be a China basher. Surprise, GARAMENDI give the last word. And I amends. Lord, won’t you buy me a Mer- surprise, because I am not a China want to thank you, Congressman cedes-Benz. basher. COHEN. You are a joy to work with, a f China is not the regime that controls pleasure, and your wit, your charm, that territory, but the people who re- and your knowledge are always a ben- MADE IN CHINA side there. They are a people with a efit. The SPEAKER pro tempore (Mr. magnificent history and culture. Mr. GARAMENDI. Mr. ELLISON, HIMES). Under the Speaker’s announced Today, over 1 billion Chinese men, thank you so very, very much. And I policy of January 6, 2009, the gen- women, and children survive in abject really want to congratulate you on the tleman from California (Mr. ROHR- poverty. They are in servitude to a success of your reelection. And I know ABACHER) is recognized for 60 minutes small clique, a small, heavy-handed why you were reelected—because you Mr. ROHRABACHER. Mr. Speaker, clique, a cadre. Yes. You might say a have a heart. You’ve got a moral cen- today I would like to address my col- band of cronies which represents only ter that’s focused clearly upon the leagues about the greatest threat over about 2 percent of the Chinese popu- needs of the men and women in your the horizon, ‘‘Made in China.’’ lation. That clique is kept in power by district who struggle every day to put Mr. Speaker, while focused on the the brutality of their hacks and thugs food on their table, to take care of deadly threat posed to our immediate and the deployment of technology their children, make sure they have a safety by the forces of radical Islam, which all too often can be traced back good upbringing, the clothes, the edu- many Americans seem oblivious to the to Western benefactors. With modern cation, and a roof over their head. I storm clouds just over the horizon. Western-developed technologies, they mean, that’s really where we ought to I come to the floor with a grave have created a high-tech police state be going. That should be our moral warning to the American people. We that mirrors the imagination of George compass, and it certainly is yours, and face a threat to our national security Orwell in his prescient novel, ‘‘1984.’’ I know it is yours also, Mr. COHEN. Be- with complexity and global scope such The Chinese regime that holds power cause of that, you’re back here. as we have never experienced in this in Beijing is a hostile force to the free- But there’s some real serious issues Nation’s history. This threat is perva- dom of its own people and a threat to that divide us here in this Congress. We sive. It challenges our economic, polit- us. The hardworking, long-suffering, saw one today—the issue of the unem- ical, and financial structure, as well as yet dignified and proud people of ployment insurance. You know, 143 of the security of our homeland. China, they are our allies in waiting. our Republican colleagues blocked that I have come to the floor to plead: We Our sympathy and loyalty should focus payment that would give men and can no longer look at the dynamic shift on them, the Chinese people. Their

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.104 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7595 greatest hope is our greatest hope, that There is no shortage of power-mon- near-slave labor, environmental desola- they will some day demand and win gers who would cast the world into tion, devalued currency, and a heavily their own freedom and thus shift China darkness and deprivation and fear. As restricted access to their market, while into the family of free nations and free evil expands America is, as it has al- enjoying access to our market and a people. This should not only be their ways been, the only hope for a better continual flow of U.S. investment and goal, but our goal as well. world, the only hope for the world’s op- technology and know-how into their But for now, the aggressively author- pressed, the only hope for stability and country. Yet, now if we move to cor- itarian and murderous regime in Bei- peace. rect the imbalance by seeking equality jing holds power with an iron fist at Six decades ago, Japanese militarists and fairness in our trade policies, there home and makes alliances with gang- understood the role of America. That is will be a heavy price for us to pay. So sters and tyrants the world around. why they attacked us at Pearl Harbor, we just let a bad situation continue to The growing power of China is obvious so they could push us out of the picture slide, even as our economy, our power, in the confidence and bullishness of its and they could then dominate the Asia and our influence slide into an abyss. antidemocratic regime, in its leverage Pacific region with a greater sphere of The dragon may not be a Marxist red as a formidable economic competitor, co-prosperity and, of course, a brutally dragon, but it is still a dragon, dan- and its expanding military force. enforced stability. gerous as hell, and will not be deterred The Chinese strategists now see us in b 1700 by appeasement or cowardice. Eco- the same light as the Japanese plan- nomic vulnerability is only half of the All of this has been steadily assisted ners did before World War II. The Japa- story. by our own government and by the nese, however, only intended to domi- On a parallel track, financed by their elite captains of America’s finance in- nate a large chunk of the Pacific re- profits from this one-way free trade dustry. gion. Today, China’s rulers seek domi- imbalance that they have enjoyed, These American tycoons still plot, nation not just of the Asian Pacific re- China is engaged in an unprecedented scheme, and invest to make a quick gion, but of the world. They are posi- military build-up. Communist China’s buck by exploiting a massive cheap tioning themselves to do just that. military forces, which include nuclear, labor pool and a mega market in China. And what has been America’s cyber, and space-based and conven- It is the same dream of a century and counterstrategy? Apparently, to estab- tional and terrorist components are on a half ago, when ambitious Western lish economic ties that will build Chi- the rise, as our defenses are wearing businessmen dreamed of ‘‘lighting the na’s economy, thinking that with pros- thin and exhausted. In the past, we lamps of China’’ and making a fortune perity will come a new hospitable and have always been able to rely on our doing it. Only now, the fortune is being benevolent attitude among the Chinese technological superiority, ‘‘in the made by America’s elite, but it is not hierarchy. past’’ being the operative words in the benefiting our country. It is being done So our country club class of Amer- sentence I just used. Yes, in the past at the expense of the American people. ican businessmen have built China into The Chinese regime as of late has we could rely on our technological su- an economic giant and, yes, a global periority. been masterful at manipulating the power. And, of course, these captains of Today, new China laws demand that greed and avarice of Western business- American industry have made big Western companies, who are now oper- men, even as China itself continues to bucks for themselves, personally, as ating in China and wish to, give up undermine international financial mar- part of this effort in building China. technological secrets that can be used kets and hammers many of those West- America’s corporate elite has not for economic and military advantage. ern corporations which have already seemed to notice the obvious downside Our greatest asset to the future is set up there in China. for their fellow Americans in sending being given away in exchange for a Beijing maintains a massive pool of jobs, capital, and technology to China. piece of China’s market today. near-slave labor to even attract more Maybe the brutal consequences on the foreign capital and manufacturing rest of the American family of free peo- When we had the leverage, our finan- know-how. This is at the same time ple was obscured by the worst kind of cial and business elites were only look- that they undervalue their own cur- wishful thinking. Elite think tanks, ing to short-term profits and benefits rency to secure the dominance of their coffers filled by corporate giants, I for themselves, not for their country. exports, even as they enforce the re- might add these intellectual think This short-term approach ended up strictions they have placed entry into tanks, intellectually claimed and have much shorter than expected. The other their market. claimed that if you hug a dragon, it side now has the leverage, and they are This is not just symptomatic of a na- won’t eat you. Well, the subsidized aca- making the best of it. Surprise, sur- tion with gusto to get ahead. They are demics assured us, if we treat it nicely, prise. The Chinese elite is a murderous destroying the economic potential of it will become a warm and peaceful dragon. And, yes, they are still a drag- their future competitors. So much dragon. Well, look again. It has been on, and they still intend to eat our more sophisticated than Mao, the Chi- decades of coddling, and it is still a lunch. Tomorrow they will eat us. nese oligarchs of today look and speak dragon. It is bigger and stronger and For decades, American capitalists Western. They mean to eclipse our still hungry. have rushed to China with stars in country and, yes, extinguish our ideals The frightening result of our folly their eyes and quick and easy profits of democracy and individual freedom, and betrayal of American working peo- on their minds, but it has been a deal even as the West stumbles in its re- ple is becoming evident. In the month with the devil, figuratively and lit- treat before this aggressive and auto- of February 2010 alone, the trade def- erally. American corporations are not cratic global force. icit with China was a staggering $16.5 acting as Americans. They have been Wake up, America. We are not only billion. In 1984, just 25 years ago, the acting as greedy cowards, reflecting losing jobs to an ever more powerful U.S. had a trade surplus with China. the worst of human aspirations, not China, but we are in the process of los- Our annual trade imbalance with China the best. ing our security, our prosperity, and, is now $227 billion and rising. Our lamp We Americans pride ourselves at yes, our freedom. We are losing more is going out. being committed to noble, higher than jobs. We are losing our future. China holds the largest amount of ideals. We are not just a grasping horde Wake up, America. American bonds than any nation and seeking self-enrichment. We do believe If eventually the United States and holds the highest percentage of our in treating people decently, and we do our great democratic experiment is de- debt, and has repeatedly threatened to believe in people’s individual rights feated through the avarice and short- quietly dump those bonds and dev- given to them by God. Well, we think sightedness of grasping corporations astate our national economy if we of ourselves that way. and their bought-and-paid-for political don’t comply with its wishes. And then we hear that Google and hacks, who will be able to light the What is their goal? other American companies have en- lamps of freedom, not only in China, First, of course, it is to maintain abled the communist Chinese dictator- but around the world? their unfair trade advantage built on ship to track down dissidents, who are

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.105 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7596 CONGRESSIONAL RECORD — HOUSE November 18, 2010 then jailed for daring to oppose tyr- had not, as promised, secured that our What else would we expect such anny and corruption or to worship God technology would not be transferred. tough guys who are in power in Beijing as they see fit. And when it became clear after the to think? Should they think, oh, how Once compromised, companies like Clinton administration had made that nice it is that the Americans are so Google found themselves curtailing the commitment to us that there would be willing to give us this power? We free flow of information to millions of no transfer of technology, and when it should be grateful, and we should be Chinese citizens, turning the Internet became clear that this effort at co- their friends because they are being so into a tool for repression rather than a operation was a colossal mistake and nice to us in giving us this technology facilitator for free expression, and, that technology was being transferred, that can be used for rockets and other thus, a vehicle for the advancement of no moves were made to limit the dam- high-tech weapons systems. the human condition. age or shut it down. Well the town of Jiuquan is in the To Google’s credit, uncomfortable Perhaps it had something to do with high desert of China’s occupied regime with the role that it was being forced the fact that Bernard Schwartz’s con- of East Turkistan. Located there is to play, Google decided not to go along tributions had some impact on Presi- China’s main space launch center. That with the heavy handed plan that the dent Clinton’s reelection bid, meaning is where its Long March rockets and Chinese regime expected them to play Bernie Schwartz was the CEO of Loral commercial space and nuclear-capable and to implement. Corporation, a company heavily ballistic rockets take off from. At the complicit in the illegal transfer of mis- entrance to this complex at this Chi- b 1710 sile technology to China. He was also nese launch area is a billboard written At great risk to their company, the biggest single contributor to Presi- half in English intended for the world Google’s executives refused to go along dent Bill Clinton’s reelection cam- to see. The statement of the Chinese and took a stand against repression. paign. Of course, he was not the only warlords of this Uyghur province, I Yes, kudos to Google for that. contributor to have a stake in this pol- might add, says, ‘‘Without haste. With- Conversely, shame on the rest of the icy of sending missile technology to out fear. We will conquer the world.’’ high-tech entourage who collaborated China. Other contributors to the Clin- And, yes, America’s policies and the and were even used to advance tyran- ton campaign were traced and found to collaborations of our corporations are nical corruption. Google was not be leaders of the PLA, that’s the Peo- helping them do just that. Instead of backed up, for example, by Microsoft ple’s Liberation Army missile program, facing the reality of the even more or Yahoo Internet providers. Now which of course had a different name powerful and increasingly hungry drag- China is preferring to intensify draco- on their company and a different ve- on that is right in front of our face, in- nian laws requiring telecommuni- neer, the veneer of a private sector and terest groups and power players in our cations and Internet companies to in- commercial company, but really it was country keep raising the question form on customers who discuss state a control company by the People’s Lib- about what’s happening with China? secrets. That term, ‘‘state secrets,’’ eration Army. Are we making China into our enemy? can be defined as anything from nega- I was personally involved in uncover- Yes, so many Americans just love to tive economic statistics to information ing the initial evidence that exposed blame ourselves every time such con- on environmental calamities or ref- this crime, a crime that made our frontation with tyranny occurs. During erences to Tibet, Taiwan, the Falun country vulnerable to missiles that his recent trip to Asia, I half expected Gong, Uyghurs or anything else that were built with technology that had to hear that our President had actually would anger the dragon. The Chinese been developed right here, but the mis- bowed down to Chinese despots and regime obviously understands its con- siles were now aimed at us by a hostile apologized for the Opium Wars of 150 trol of technology is a way to control power. A full scale investigation en- years ago. Now of course he didn’t do the future. sued. Christopher Cox led a bipartisan that, but that is the attitude you can Yes, the future. Beijing’s focus on task force which unanimously declared see reflected in people who are blaming space as well as electronic communica- our security had been compromised. us for any belligerency that’s on the tions says it all. Remember, space- Before Congress could finally put the part of the Chinese, or any other based assets—satellite systems—are a cork in the bottle, clearly invaluable enemy of the United States, I might central component of global and na- rocket secrets were in the possession of add. This self-flagellation is of course tional communication, with enormous this monstrously antidemocratic drag- much safer than blaming an increas- implications to our own national secu- on regime. The world’s worst human ingly strained relationship on the obvi- rity as well as our own prosperity. The abuser now had America’s utmost mis- ous badness and evil that is going on power of commerce and political sile technology secrets. among the other guys. The obvious ty- change will be determined by the con- Unlike the last time around, thanks rants who murder their own people, the trol of these systems, and the freedom to the help of their American corporate people who happen to be the world’s to use these systems will have an im- benefactors, now the Chinese rockets worst human rights abuser. Now, pact on the future of the country and are built further along than they were maybe it’s their fault, but if we blame the world. back in those days 15 years ago. Right them for it rather than blame our- What happens in space will determine now the Chinese have rockets, thanks selves for the current escalation of hos- what happens on the ground. With that to our help, that are much more com- tility that is now evident with the Chi- in mind, the Obama administration’s petitive with our own systems. Before nese, we would have to deal with the decision to go along with our domestic, we stepped in to help, their rocket threat. We have to deal with them. And high-tech corporate giants and again launchers more often than not turned that would be scary. permit American satellites to be into fiery failures. And even if success- So instead, so many Americans end launched from Chinese rockets is a cat- ful, Chinese rockets of 15 years ago up blaming ourselves or apologizing for aclysmic betrayal of America’s secu- only carried one payload per launch. past errors that America may have rity, and it undermines both the future Now with our gift of technology—that I committed or may not have com- of our aerospace industry and under- might add cost the American people, mitted. So the answer to our question, mines freedom on this planet. the American taxpayers, billions of is the Chinese regime getting more bel- Fifteen years ago, during the Clinton dollars to develop—Chinese rockets are ligerent, the answer is emphatically, years, a similar decision was made to now reliable and capable of launching yes, it is getting more belligerent. Is it permit U.S. satellites to be launched multiple payloads, be they satellites or our fault? No. The attitude of those on Chinese rockets. We were assured by warheads. It’s called MIRVing, our gift who rule Beijing is the manifestation the Clinton administration that no to the Chinese. No wonder they have no of an increasing lust for power and the technology would be transferred. I respect for us. No wonder they are be- hubris of the clique that controls the bought into that for a short time, then coming aggressive. They think we’re world’s most populous country with an it became abundantly evident that this stupid. They think we’re cowards, try- iron fist. That is what you would ex- was a technological windfall for the ing to buy peace with gifts to our en- pect from such tyrants. That is why Chinese regime, that President Clinton emies. our policy should not be aimed at

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.107 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7597 building their strength military, eco- country to China that we have faced, heroes’ welcome in China just days nomically, or any other way. and we’ve acquiesced with this. We’ve after it sunk a South Korean ship, b 1720 put up with it for years. It’s got to which cost the lives of 46 South Korean stop. The burdens of drawn-out com- sailors. Of course, the essence of what’s going mitments that we’ve had all over the More recently, China has bullied on has not gone unnoticed by our world and the irrational benevolence— Japan over the control and sovereignty friends and foes overseas. The percep- you can read that ‘‘giveaways’’—makes of islands that are not even close to its tion of American weakness, even de- our Nation poorer. We’re talking about shores. While it was doing the bullying cline, eat away at the resolve of our it’s diminishing our ability here at of Japan, our great ally, the United friends and allies even as it contributes home to meet our needs, the needs of States was warned by China to butt out to Beijing’s cockiness. And let’s admit, our own people, and to watch out for and stay away from those islands. ‘‘Ag- we are considerably weaker than we our own security because wealth is gressive’’ and ‘‘belligerent’’ are words ever thought we would be. We have being transferred out of our country by that come to mind when you’re trying been bled and drained by needlessly ex- policies that we’ve gone along with. We to analyze what’s the nature of the pensive small-scale wars around the are now vulnerable after all of this to Chinese regime in these situations. world as well as a benevolence that has an unrestricted political, economic, And then there is, of course, Paki- us bankrolling the United Nations and and military threat by a major power stan with its ‘‘Islamic bomb.’’ Never shoving foreign aid out our door even like China. forget the Pakistanis are in a strategic as we borrow money from China. So China is encouraging those who partnership with China even while we One example of this is seen in Amer- would tie us down and drain our en- give them billions of dollars to bolster ica’s good-hearted participation in a ergy. This is part of their effort. They Pakistan’s terminally ill economy. The global fund designed to provide the have been helping those people who Chinese gave Pakistan critical nuclear world’s poorest countries support in have been trying to tie us down and to weapons technology. This is insanity. the fight against AIDS, tuberculosis, drain our energies and revenues and We are borrowing more from China to malaria, and other insidious diseases, our resources. This is part of their ef- give to Pakistan, which is an ally of which kill millions of people a year. fort to disable us by sapping our will- China, even as Pakistan builds its Is- Over the 8 years of the fund’s history, power, our resolve, and our resources. lamic bomb with the help of China and the United States has willingly con- And as we become weaker, China’s un- continues to help the Taliban, who are tributed $4.3 billion—that’s more than quenchable thirst for natural resources at this moment killing U.S. soldiers in 28 percent of all the contributions to such as oil, natural gas, and scarce Afghanistan. this benevolent fund—and we should be minerals that are necessary for modern Wake up, America. We can’t continue proud that we are a generous people, manufacturing, this has spurred China with this kind of insanity. even if we can’t afford it. Whether we to become the ally, supplier, protected, The opening by Iran of a new missile can continue to be so generous as our and puppet master of rogue regimes on production plant in March of 2010 en- level of deficit spending threatens to a global scale. abled Iran to quickly expand its supply collapse our economy, now that’s an- And the Chinese planetary offensive of NASR anti-ship missiles. Yep, it was other question. is evident in countries like North another China deal. Not long after But most significant, because of an Korea, Burma, Cambodia, Iran, and that, a Hezbollah-Iranian cruise missile anomaly in the funding formula, China across Africa, like Sudan and knocked out an Israeli ship. Aha. Yes, has been one of the largest recipients Zimbabwe. Not only are their people another gift from China. And what is of this fund. Over the last 8 years, being repressed by regimes that are ty- the response of the Obama administra- China has been the recipient of almost rannical but these are regimes that tion to all these transfers of lethal $1 billion in grants. Conversely, over have allied themselves with Beijing, weapons of mass destruction by China that same period China has only con- which is becoming the leading—it is al- to rogue nations? Well, there have been tributed $16 million to the fund. That’s ready the world’s worst human rights no penalties imposed, even on the the fund we’ve given $4 billion to. I abuser and it is the creator of alliances state-owned Chinese companies that can’t come up with one reason of why with dictators throughout the world. are conducting these weapons trans- the American taxpayer should be un- It’s hard to miss that when China es- fers. Even worse, Washington is again derwriting the cost of China’s public tablishes an alliance with these coun- considering letting Chinese rockets health system. The whole thing is a tries what its intention is. We need to launch U.S. satellites. I guess they travesty. look no further than to show that need to upgrade their system so they Malaria, for example, is a minor China has an alliance and is providing can pass even more updated weapons problem in China, killing about 38 indi- arms with the anti-American blowhard on to their criminal buddies. viduals a year. On the other hand, ma- in our hemisphere, the would-be cau- China’s increasingly aggressive and laria is a massive problem in the dillo of Latin American, Venezuela’s threatening foreign policy are matched Democratic Republic of the Congo, Hugo Chavez. So it’s evident elsewhere. at home by severe repression. Millions killing over 25,000 people last year. Yet Wherever trouble and turmoil threaten of religious believers in China are fac- in this international fund, China was U.S. interests, we can find that China ing increased not decreased oppression. awarded $149 million to combat ma- has a hand in this. The abuse is indiscriminate, whether laria and only $122 million went to the Nuclear weapons and missiles tech- they are Christians, Tibetans, Bud- Congo. That’s $4 million for each case nology were slipped to Iran by China dhists, Muslims. The most savage of a malaria death in China while the via North Korea and Pakistan, and treatment, of course, is dealt out to Congo received $5,000 per person that they have added a dangerous insta- the Falun Gong members. Falun Gong had died. bility to the Middle East. In light of are just yoga and meditation practi- This issue needs to be addressed, but this, there should be no mystery as to tioners. They’ve been tortured, thrown nobody of course has the guts to ad- why China in the United Nations and in into prison camps, slave labor camps. dress it because China is getting about other international forums has opposed They have been murdered and their or- a billion dollars’ worth of benefits, pay- stronger and enforceable sanctions gans have been cut out and sold by the ing a pittance, while the United States against Iran and North Korea. Chinese health industry to the highest pays $4 billion into this fund. What North Korea’s sinking of a South Ko- bidders, many of whom are Americans. we’ve been doing in this case is bor- rean naval patrol ship not that long This is the most ghoulish of all repres- rowing from China to donate to a fund ago, there was a loss of 46 South Ko- sions. And it continues with dev- that gives back to China. Over the rean sailors, and it was publicly treat- astating intensity. years, we then end up paying interest ed as a nonevent by Beijing, although on the debt that’s been incurred by this it’s right there in its backyard. In fact, b 1730 very transaction. North Korea’s eccentric dictator, who Then again, maybe all this evil is due Now, this is the kind of ongoing inde- probably could not be in power without to the fact that we Americans are just fensible transfer of wealth from our Chinese support, was given an official so belligerent to the Chinese.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.109 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7598 CONGRESSIONAL RECORD — HOUSE November 18, 2010 What? onized because he had mastered the art missile that can take out a U.S. air- Yes, some people want to blame us, of manipulating the currencies of coun- craft carrier 900 miles away. Neverthe- so let’s reach out to the dragon, not tries around the world, from England less, on February 19, 2009, The New with a clenched fist but with an open to Malaysia to Thailand, thus dramati- York Times reported that U.S. Pacific hand, with a positive attitude and, cally weakening those countries. Commander Admiral Keating offered most of all, with kindness, not hos- The People’s Liberation authors in the U.S. Navy to assist China in learn- tility, and with lots of investment that book openly stated that, if indi- ing how to operate its own aircraft car- money as well, of course, and with lots viduals could accomplish such things, riers. Boy, that’s going to make the of technology and secrets. then China, as an emerging power with world safer. We’re going to teach them Give me a break. Wake up, America. focused strategic weapons in cyber and how to run their aircraft carriers. This has got to stop. deep space, could bring down and de- Worth noting, a senior Chinese mili- This nonsense has led to some of feat a great power such as the United tary officer proclaimed that once the America’s military’s top commanders States. Chinese get their aircraft carriers that to misguidedly welcome China’s mili- The greatest threat to America’s fu- the United States can claim Hawaii tary leaders to visit our own defense ture generations may well be the high- east, and China will take Hawaii west centers and our own international de- tech strategic and exotic weapons and the Indian Ocean. ‘‘Then you will fense forums with our Asian Pacific al- China will possess as a result of ad- not need to patrol the western Pacific lies and to permit Chinese military vances made in recent years. China’s anymore,’’ he said. personnel to observe our military exer- strategic economic position should also How nice. This while we are reducing cises. One can only guess that the be noted with alarm. Global competi- our own fleet. They are telling us to strategy behind this outreach and in- tion over scarce natural resources is stay out of a certain area of the world clusion is the idea that it will somehow intensifying. Armed with advanced and to stay out of it while they are bul- charm the Chinese into thinking of us weapons and flush with money earned lying Japan over some islands in the as their friends, not as their rivals. from its American trade imbalance, middle of nowhere. Tomorrow, they are Hug a dragon and it won’t be a dragon. Beijing has been allying with, buying going to declare that they have the Well, is it not evident that the very off and bribing the gangster regimes of rightful domination of over half of the existence of our democracy is what in- the underdeveloped nations of the Pacific. timidates and enrages the Chinese world, and these same regimes, of Wake up, America. Don’t just look to antidemocratic dictatorship as with all course, control the rich energy and fi- the ocean for the threat. Look up. of these dictatorships in the past? It is nite mineral resources in their coun- Space, the high ground of any future certainly not a comparison of how tries. conflict, will soon no longer be our do- many ships we have and airplanes we These are not the actions and maneu- main, America’s domain. It is already have as compared to theirs, which has vers of a government that wants to be now no longer our domain, obviously. brought on this animosity from Bei- part of the world’s trading system, that China is aggressively moving forward, jing. Beijing knows that the United wants to be part of the Family of Na- yes, in the exploration of space but States has no intention of attacking tions. These are the actions and ma- also in space-based and related weap- them. However, like the Japanese be- neuvers of a tyrannical dictatorship ons systems. fore World War II, they know that that is striving to dominate the world In 2006, for example, the U.S. Depart- America is the only power with the in alliance with other dictatorships. ment of Defense reported that China courage and the ability to stand be- Do you think that such people might used a ground-based laser to blind cer- tween them and their goal, which is sink so low as to bribe the decision- tain U.S. satellites. In January 2007, one of total domination of a large seg- makers at the World Trade Organiza- the People’s Liberation Army success- ment of the world and a heavy-handed tion or at the United Nations? fully used an antisatellite missile to influence on the rest. When you hear people say that we intercept a weather satellite. They’ve Perhaps the worst aspect of this should solve these issues, that we must blown their satellites out of orbit with- looming security crisis is that China’s always go multilaterally and come at out any care for the fact that they left aggressive military modernization has world peace via part of an inter- heavy debris that threatened all other been made possible by its rising trade national effort, just remember it takes space activity in that area of space. surplus with the United States. We American courage to stand up. If we No need to complain, of course, be- have unintentionally financed their try to go through the World Trade Or- cause these guys aren’t listening. economy and have built their economy ganization or the United Nations, we China’s supposed civilian space pro- at the expense of jobs and manufac- are going to find out someday that the gram has made spectacular gains. turing at home, and they are using the Chinese have bribed those people in the Much of it can be traced back to the residual profits from their economic World Trade Organization and in the tech transfer that happened during the transactions with us to build weapons, U.N. If they haven’t done it already, Clinton administration, which has now very good weapons—better weapons they will do it in the future to protect been incorporated into China’s rockets than we may have available to us in their international acquisitions in and its missiles. the future. Their intent is to back us Asia, Africa, and South America. Again, if our aerospace is at risk, off and to destroy us as a dynamic China’s People’s Liberation Army is blame us. Don’t blame them. We gave force in the world. certainly a threat, but the Navy that it them the technology. But we can In 1998, the People’s Liberation is building is also a threat because blame them for commissioning hun- Army’s publishing company openly China is building a lethal surface ship dreds of spies who have penetrated U.S. published a book that is publicly avail- and submarine flotilla. They are mak- defense companies and agencies to able, called ‘‘Unrestricted Warfare.’’ ing outlandish claims now while at the steal the blueprints and charts needed The strategist’s guidelines in that book same time building up their fleet for to enhance their weapons systems. called for using economic destabiliza- the right to control large ocean areas, They have a monstrous organized ef- tion, computer viruses, information de- like the entire South China Sea. Their fort for attacking and stealing Amer- ception, terrorism, and devastating naval forces are beginning to have rou- ica’s technological secrets by breaking modern military weapons, including tine patrols around the world’s most into our computer systems. Yes, we biochemical and nuclear weapons. vital sea lanes and communication and can blame them for that, but we just Among those things highlighted in trade lanes. keep inviting them to observe our mili- this Chinese strategy book were two Indeed, between 1987 and 2009, while tary exercises and—oh, yes—teaching individuals—Osama bin Laden and the U.S. submarine force was cut in them how to use aircraft carriers. George Soros. Bin Laden was cited be- half, China’s Navy commissioned 31 Today, almost every part of the west- cause terror and guerilla groups his- new attack submarines. Their new ern and central United States is under torically are thought to have bled em- model diesel subs are nearly the potential threat of the increased pires to the point that they could be undetectable by U.S. and allied naval capability of China’s weapons systems. defeated by a rival power. Soros was li- forces, and they are deploying a new We have given them our secrets. By

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.112 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7599 agreeing to a trade policy that has launches will put money in the pockets economic activity. Reagan made it been unfair, uneven, and a drain on of the People’s Liberation Army to fa- clear as he visited China in 1985. I America’s wealth and technology, we cilitate their own aggressive space pro- worked with him on those speeches. I have provided them the resources to grams. It will help the People’s Libera- actually know very well what the mes- use this technology, to expand and to tion Army perfect its missile tech- sage was of the speeches that Reagan modernize their own military. nology, and it will strangle in the cra- gave in China. If China continued to open up politi- b 1740 dle the private launch companies that are now emerging in the United States, cally and to liberalize, America would By agreeing to a trade policy that which will then leave us totally de- keep its markets open and would be in- has been unfair, uneven, and a drain on pendent on China for space transpor- vesting and trying to uplift the Chinese America’s wealth and technology we tation. people. have provided them the resources to To accomplish this nefarious goal, In 1989, the Tiananmen Square mas- use this technology and to expand and launching U.S. satellites on Chinese sacre of the Chinese democracy move- modernize their own military. rockets, the U.S. law will have to be ment was the tipping point. President Such stupidity is nothing new. Before changed in order to accomplish that. Reagan, who was committed to human World War II, there was an effort by One way for this to be accomplished is rights and democracy, was no longer the Brits to invest in Hitler’s Germany for the Obama administration, like the President. President Reagan’s succes- to build economic ties that would pre- Clinton administration before, to sign sors have not been so committed to vent conflict. Boy, did that work. And a Presidential waiver of the Tiananmen human rights and democracy. The Chi- it wasn’t just Britain’s deal where they Square human rights sanctions. Don’t nese ruling clique paid no serious price betrayed Czech security that convinced miss one crucial fact. The Chinese na- for this brutal, monstrous atrocity Hitler that the West was gutless. It was tional space program apparatus is against the democracy movement at also British money invested in his owned and controlled—it’s not a pri- Tiananmen Square. Neither President country in the 1930s. vate group like in the United States, Bush nor Clinton did anything even as We gave the Japanese scrap metal like Boeing—it is controlled by the the Chinese Communist Party re- and oil even as they raped China. Even- People’s Liberation Army. Their prof- trenched themselves in power with tually the Japanese mayhem in China its go to the People’s Liberation Army. blood and steel and murder. was too much, even for American cap- The three main Chinese space entities And since Tiananmen Square, the re- italists. Not enough, however, to dis- are all under People’s Liberation Army pression in that country has gotten courage corporate interests from nego- control. All three of these have been worse and worse and worse, not better, tiating the sale of, for example, B–17 repeatedly sanctioned by the U.S. gov- and we’ve continued acting like bud- blueprints to Japan as late as 1940. ernment for proliferation of missile dies. That’s our offensive, our buddy of- They never consummated that deal be- technologies to countries including fensive. Our policies have not been re- cause the attack on Pearl Harbor Iran and Pakistan. formed. Our policies have not reformed shortened those negotiations. Wake up, America. They are planning the tyrannical system in China. In Today, we’re giving the Chinese our to play us for suckers like they already fact, we have expanded it because they genius and the benefit of our R&D have in the past. Well, they are trying have come to believe they can do any- worth billions of dollars, and it’s deja to play us that way because we’re act- thing to their own people, repression, vu all over again. Foreign and U.S. sat- ing that way. This shouldn’t even be an build any kind of military threat, and ellite operators are maneuvering to issue except, of course, the Chinese we will still grant them economic poli- loosen the security export controls on have the best lobbyists in Washington, cies that will enable the wealth to flow the launching of advanced communica- the best lobbyists money can buy, and in their direction, even as it is unfair tions satellite systems on PLA—that’s they’ve also got the lobbyists from to our own people. People’s Liberation Army—controlled U.S. corporations who are working China is a Frankenstein monster of rockets and then the companies that with them, doing their bidding. And our own making, a monster that now make those rockets. Oh, yes, China is even better, they can buy off the so- threatens the world peace, economics, offering 30 to 50 percent below market called think tanks. and democratic evolution. One would price in order to attract those What we’ve got is money from these think as this threat becomes ever more launches. I wonder why. They must corporations doing business in China clear that there would be some change just want to do us favor, or maybe they who are putting that money into think in our policy, but no, the insanity con- just remember the last time they made tanks, which then come and testify be- tinues. such agreements with American com- fore Congress about different policies Not long ago, there was a highly pub- panies and ended up with billions of that would, of course, affect whether or licized visit to China by Secretary Hil- dollars of American technology that not we make decisions like the one I’m lary Clinton, who brought a legion of they now have to use against us. What talking about. reporters with her to the Shanghai a great deal. And who’s left out, of course? What World Fair. Secretary Clinton proudly Our big companies make a couple of we’re talking about is the American showed them an American exhibition hundred billion dollars in profit by co- worker who has been put permanently hall built with $60 million in contribu- operating with the Chinese rather than out of work and the American people tions from American corporations. How launching with U.S. companies. Cer- who are now in jeopardy. So now the nice—the companies paid to build an tain CEO’s add a couple million dollar Chinese are using their excessive profit exhibition hall. Unfortunately, it was bonuses to themselves for providing to buy influence here at the expense of so vapid and uninspiring without a hint short-term savings, and that savings the American people. Wake up, Amer- of love of democracy and freedom that comes from using Chinese rockets. The ica. reflects the core values of the Amer- Chinese end up with access to defense- A critical event of the cold war was ican people. No, the so-called charity’s related research and development that China’s repositioning, which put them leader of that pavilion, who built that costs the taxpayers billions of dollars. in friendly relations with the United hall in Beijing, Frank Lavin, explained The Chinese have new technologies to States and against the Soviet Union. why there wasn’t any reference to free- defeat us in the future. We have short- Later when I worked for President dom or democracy, ‘‘We’re not trying term profit and big bonuses for our Reagan, it was hoped that direct com- to be provocative’’ or ‘‘insulting’’ to CEO’s in the present. What a deal. It’s munication and economic ties would the Chinese viewers, he said. a raw deal for the American aerospace result in a permanent, positive change What does all that say about us? industry and for our children’s safety, that would better the lives and freedom What does it say about them? Sec- and it will put us in jeopardy by using of the Chinese people. Unlike his prede- retary Clinton, being as uninspiring as our own technology to put us in jeop- cessors or those who came later, she is, pointed out that the world’s fair ardy. Reagan understood that peace would was introducing America to the world Let me be clear. Letting the Chinese only be furthered if freedom was simul- as a rising power, according to our Sec- launch U.S. satellites is wrong. Such taneously expanded as we increased retary of State. This world’s fair is a

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.113 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7600 CONGRESSIONAL RECORD — HOUSE November 18, 2010 coming out party also for China. Well, the resolve to meet this evermore and The motion was agreed to; accord- it is really of historical significance, present challenge. ingly (at 5 o’clock and 53 minutes she said. Yeah, it is of historical sig- China is not the only society that p.m.), under its previous order, the nificance. It’s basically saying that honors its ancestors and forefathers. House adjourned until Monday, Novem- America doesn’t care about freedom We must respect the sacrifices and leg- ber 22, 2010, at noon, unless it sooner and democracy. China is coming out, acies for all those brave Americans has received a message from the Sen- that’s right. A new style of 21st cen- who worked, struggled, fought, and ate transmitting its adoption of House tury tyranny is being created with Chi- often perished for our freedom, for lib- Concurrent Resolution 332, in which nese characteristics that fuses the con- erty, for justice, for the rights of every case the House shall stand adjourned trol mechanisms of Communism with person. These principles are what not pursuant to that concurrent resolution. corporate funding and high-tech savvy. only bind us together as a people but f The leadership of this potential jug- bond us with people of every land, espe- gernaut has global ambitions and is cially those people in China and others OATH OF OFFICE MEMBERS, RESI- ruthless and persistent. We need to who are oppressed by dictators, those DENT COMMISSIONER, AND DEL- undo any optimistically generous poli- people who long for freedom. It is their EGATES cies that have been giving away our in- success in reforming and transforming The oath of office required by the dustrial base and transferring re- their country, in throwing off their sixth article of the Constitution of the sources and power to China. chains of oppression, and in doing so, United States, and as provided by sec- b 1750 they will free us from the threat of a tion 2 of the act of May 13, 1884 (23 powerful dragon country as they create Stat. 22), to be administered to Mem- Most importantly, however, through a peaceful and a democratic and pros- our actions we must reaffirm to our- bers, Resident Commissioner, and Dele- perous country with which we can gates of the House of Representatives, selves and to the world our commit- trade and have equal and positive rela- ment to the ideals that made this the text of which is carried in 5 U.S.C. tions. 3331: country strong and democratic, a role If we have courage and stand tall, the model for humanity, regardless of cul- ‘‘I, AB, do solemnly swear (or af- next century will not be the century of firm) that I will support and defend ture or language. China. It will be the century of free Advocates of our current China pol- the Constitution of the United people, technologically united through- States against all enemies, foreign icy promised peace and mutual pros- out the globe, united in respect for the perity and the expansion of freedom as and domestic; that I will bear true rights of people everywhere and com- faith and allegiance to the same; China grew stronger. Yet the stronger mitted to respecting each other and China has become, the more repressive that I take this obligation freely, the building of a more peaceful, pros- without any mental reservation or it has gotten. We thought we were cre- perous, and free world. ating a peaceful new member of the purpose of evasion; and that I will international community. But instead f well and faithfully discharge the we’ve shifted power to a government SPECIAL ORDERS GRANTED duties of the office on which I am about to enter. So help me God.’’ that remains the world’s worst human By unanimous consent, permission to has been subscribed to in person and rights abuser, repressing its own people address the House, following the legis- filed in duplicate with the Clerk of the while building its military and making lative program and any special orders House of Representatives by the fol- aggressive claims on boundaries and heretofore entered, was granted to: lowing Member of the 111th Congress, territorial waters that threaten its (The following Members (at the re- pursuant to the provisions of 2 U.S.C. neighbors, as well as the flow of inter- quest of Ms. WOOLSEY) to revise and ex- 25: national commerce through long-estab- tend their remarks and include extra- TOM REED, New York, Twenty-Ninth. lished shipping lanes. neous material:) Exchanges, like the World’s Fair ex- Mr. HOYER, for 5 minutes, today. f hibits, were supposed to promote U.S. Mr. FRANK of Massachusetts, for 5 values. Investment in Chinese manu- OATH FOR ACCESS TO CLASSIFIED minutes, today. INFORMATION facturing was supposed to have led to Mr. SCHIFF, for 5 minutes, today. liberalization of their society. Where Mr. SHERMAN, for 5 minutes, today. Under clause 13 of rule XXIII, the fol- are the reforms? Where are the benevo- Ms. KAPTUR, for 5 minutes, today. lowing Members executed the oath for lent liberals who were going to democ- Mr. DEFAZIO, for 5 minutes, today. access to classified information: ratize China? You know where they Ms. WOOLSEY, for 5 minutes, today. Neil Abercrombie*, Gary L. Ackerman, are? They’re in jail. They’re in prison, Mr. GRAYSON, for 5 minutes, today. Robert B. Aderholt, John H. Adler, W. Todd or they’ve been murdered by the re- (The following Members (at the re- Akin, Rodney Alexander, Jason Altmire, Robert E. Andrews, Michael A. Arcuri, Steve gime. They sit in cells right next to un- quest of Mr. THOMPSON of Pennsyl- compromising religious leaders, believ- Austria, Joe Baca, Michele Bachmann, Spen- vania) to revise and extend their re- cer Bachus, Brian Baird, Tammy Baldwin, J. ers, and the Falun Gong practitioners. marks and include extraneous mate- Crackdowns on dissent, religious Gresham Barrett, John Barrow, Roscoe G. rial:) Bartlett, Joe Barton, Melissa L. Bean, Xa- freedom, and free speech have esca- Mr. MCCOTTER, for 5 minutes, today. vier Becerra, Shelley Berkley, Howard L. lated in Tibet; missiles facing Taiwan Berman, Marion Berry, Judy Biggert, Brian f have grown to more than 1,400 in the P. Bilbray, Gus M. Bilirakis, Rob Bishop, past few years; and the cyberdestabili- SENATE BILL REFERRED Sanford D. Bishop Jr., Timothy H. Bishop, zation on a global scale is often traced A bill of the Senate of the following Marsha Blackburn, Earl Blumenauer, Roy back to the Chinese military facilities. Blunt, John A. Boccieri, John A. Boehner, Jo title was taken from the Speaker’s Bonner, Mary Bono Mack, John Boozman, These things should be alarm bells for table and, under the rule, referred as all people who want peace and believe Madeleine Z. Bordallo, Dan Boren, Leonard follows: L. Boswell, Rick Boucher, Charles W. in freedom. S. 1421. An act to amend section 42 of title Boustany Jr., Allen Boyd, Bruce L. Braley, This is an enemy who has no shame 18, United States Code, to prohibit the im- Kevin Brady, Robert A. Brady, Bobby Bright, and, perhaps, as we show weakness, has portation and shipment of certain species of Paul C. Broun, Corrine Brown, Ginny Brown- no fear. It is an enemy that hates reli- carp; to the Committee on House Adminis- Waite, Henry E. Brown Jr., Vern Buchanan, gion and sees freedom and human tration. Michael C. Burgess, Dan Burton, G.K. Butterfield, Steve Buyer, Ken Calvert, Dave rights as an anarchistic evil that needs f to be obliterated. This is the threat Camp, John Campbell, Eric Cantor, Anh ‘‘Jo- over the horizon, a dragon which has ADJOURNMENT seph’’ Cao, Shelley Moore Capito, Lois Capps, Michael E. Capuano, Dennis A. been made stronger, more aggressive, Mr. ROHRABACHER. Mr. Speaker, Cardoza, Russ Carnahan, Christopher P. Car- and more hungry as a result of mis- pursuant to the order of the House of ney, Andre´ Carson, John R. Carter, Bill guided American policies. Those poli- today, I move that the House do now Cassidy, Michael N. Castle, Kathy Castor, cies must be changed. We must have adjourn. Jason Chaffetz, Ben Chandler, Travis W.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K18NO7.115 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7601 Childers, Judy Chu, Donna M. Christensen, V. Johnson, Walter B. Jones, Jim Jordan, R. Pitts, Todd Russell Platts, Ted Poe, Jared Yvette D. Clarke, Wm. Lacy Clay, Emanuel Steve Kagen, Paul E. Kanjorski, Marcy Kap- Polis, Earl Pomeroy, Bill Posey, David E. Cleaver, James E. Clyburn, Howard Coble, tur, Patrick J. Kennedy, Dale E. Kildee, Price, Tom Price, Adam H. Putnam, Mike Mike Coffman, Steve Cohen, Tom Cole, K. Carolyn C. Kilpatrick, Mary Jo Kilroy, Ron Quigley, George Radanovich, Nick J. Rahall Michael Conaway, Gerald E. Connolly, John Kind, Peter T. King, Steve King, Jack King- II, Charles B. Rangel, Tom Reed, Denny Conyers Jr., Jim Cooper, Jim Costa, Jerry F. ston, Mark Steven Kirk, Ann Kirkpatrick, Rehberg, David G. Reichert, Silvestre Reyes, Costello, Joe Courtney, Ander Crenshaw, Larry Kissell, Ron Klein, John Kline, Su- Laura Richardson, Ciro D. Rodriguez, David Mark S. Critz, Joseph Crowley, Henry zanne M. Kosmas, Frank Kratovil Jr., Doug P. Roe, Harold Rogers, Mike Rogers (AL–03), Cuellar, John Abney Culberson, Elijah E. Lamborn, Leonard Lance, James R. Mike Rogers (MI–08), Dana Rohrabacher, Cummings, Kathleen A. Dahlkemper, Artur Langevin, Rick Larsen, John B. Larson, Tom Thomas J. Rooney, Peter J. Roskam, Ileana Davis, Danny K. Davis, Geoff Davis, Lincoln Latham, Steven C. LaTourette, Robert E. Ros-Lehtinen, Mike Ross, Steven R. Roth- Davis, Susan A. Davis, Nathan Deal*, Peter Latta, Barbara Lee, Christopher John Lee, man, Lucille Roybal-Allard, Edward R. A. DeFazio, Diana DeGette, Bill Delahunt, Sander M. Levin, Jerry Lewis, John Lewis, Royce, C.A. Dutch Ruppersberger, Bobby L. Rosa L. DeLauro, Charles W. Dent, Theodore John Linder, Daniel Lipinski, Frank A. Rush, Paul Ryan, Tim Ryan, Gregorio E. Deutch, Lincoln Diaz-Balart, Mario Diaz- LoBiondo, David Loebsack, Zoe Lofgren, Sablan, John T. Salazar, Linda T. Sa´ nchez, Balart, Norman D. Dicks, John D. Dingell, Nita M. Lowey, Frank D. Lucas, Blaine Loretta Sanchez, John P. Sarbanes, Steve Charles Djou, Lloyd Doggett, Joe Donnelly, Luetkemeyer, Ben Ray Luja´ n, Cynthia M. Scalise, Janice D. Schakowsky, Adam B. Michael F. Doyle, David Dreier, Steve Lummis, Daniel E. Lungren, Stephen F. Schiff, Jean Schmidt, Aaron Schock, Kurt Driehaus, John J. Duncan Jr., Chet Edwards, Lynch, Carolyn McCarthy, Kevin McCarthy, Donna F. Edwards, Vernon J. Ehlers, Keith Michael T. McCaul, Tom McClintock, Betty Schrader, Allyson Y. Schwartz, David Scott, Ellison, Brad Ellsworth, Jo Ann Emerson, McCollum, Thaddeus G. McCotter, Jim Robert C. ‘‘Bobby’’ Scott, F. James Sensen- ´ Eliot L. Engel, Anna G. Eshoo, Bob McDermott, James P. McGovern, Patrick T. brenner Jr., Jose E. Serrano, Pete Sessions, Etheridge, Eni F.H. Faleomavaega, Mary McHenry, John M. McHugh*, Mike McIntyre, Joe Sestak, John B. Shadegg, Mark Shauer, Fallin, Sam Farr, Chaka Fattah, Bob Filner, Howard P. ‘‘Buck’’ McKeon, Michael E. Carol Shea-Porter, Brad Sherman, John Jeff Flake, John Fleming, J. Randy Forbes, McMahon, Cathy McMorris Rodgers, Jerry Shimkus, Heath Shuler, Bill Shuster, Mi- Jeff Fortenberry, Bill Foster, Virginia Foxx, McNerney, Connie Mack, Daniel B. Maffei, chael K. Simpson, Albio Sires, Ike Skelton, Barney Frank, Trent Franks, Rodney P. Carolyn B. Maloney, Donald A. Manzullo, Louise McIntosh Slaughter, Adam Smith, Frelinghuysen, Marcia L. Fudge, Elton Kenny Marchant, Betsy Markey, Edward J. Adrian Smith, Christopher H. Smith, Lamar Gallegly, John Garamendi, Scott Garrett, Markey, Jim Marshall, Eric J.J. Massa*, Jim Smith, Vic Snyder, Hilda L. Solis*, Mark E. Jim Gerlach, Gabrielle Giffords, Kirsten E. Matheson, Doris O. Matsui, Kendrick B. Souder*, Zachary T. Space, Jackie Speier, Gillibrand*, Phil Gingrey, Louie Gohmert, Meek, Gregory W. Meeks, Charlie Melancon, John M. Spratt Jr., Bart Stupak, Marlin A. Bob Goodlatte, Charles A. Gonzalez, Bart John L. Mica, Michael H. Michaud, Brad Mil- Stutzman, Cliff Stearns, John Sullivan, Gordon, Kay Granger, Sam Graves, Tom ler, Candice S. Miller, Gary G. Miller, George Betty Sutton, John S. Tanner, Ellen O. Graves, Alan Grayson, Al Green, Gene Green, Miller, Jeff Miller, Walt Minnick, Harry E. Tauscher*, Gene Taylor, Harry Teague, Lee Parker Griffith, Rau´ l M. Grijalva, Brett Mitchell, Alan B. Mollohan, Dennis Moore, Terry, Bennie G. Thompson, Glenn Thomp- Guthrie, Luis V. Gutierrez, John J. Hall, Gwen Moore, James P. Moran, Jerry Moran, son, Mike Thompson, Mac Thornberry, Todd Ralph M. Hall, Deborah L. Halvorson, Phil Christopher S. Murphy, Patrick J. Murphy, Tiahrt, Patrick J. Tiberi, John F. Tierney, Hare, Jane Harman, Gregg Harper, Alcee L. Scott Murphy, Tim Murphy, John P. Dina Titus, Paul Tonko, Edolphus Towns, Hastings, Doc Hastings, Martin Heinrich, Murtha*, Sue Wilkins Myrick, Jerrold Nad- Niki Tsongas, Michael R. Turner, Fred Dean Heller, Jeb Hensarling, Wally Herger, ler, Grace F. Napolitano, Richard E. Neal, Upton, Chris Van Hollen, Nydia M. Stephanie Herseth Sandlin, Brian Higgins, Randy Neugebauer, Eleanor Holmes Norton, Vela´ zquez, Peter J. Visclosky, Greg Walden, Baron P. Hill, James A. Himes, Maurice D. Devin Nunes, Glenn C. Nye, James L. Ober- Timothy J. Walz, Zach Wamp, Debbie Hinchey, Rube´n Hinojosa, Mazie K. Hirono, star, David R. Obey, John W. Olver, Pete Wasserman Schultz, Maxine Waters, Diane Paul W. Hodes, Peter Hoekstra, Tim Holden, Olson, Solomon P. Ortiz, William L. Owens, Watson, Melvin L. Watt, Henry A. Waxman, Rush D. Holt, Michael M. Honda, Steny H. Frank Pallone Jr., Bill Pascrell Jr., Ed Pas- Anthony D. Weiner, Peter Welch, Lynn A. Hoyer, Duncan Hunter, Bob Inglis, Jay Ins- tor, Ron Paul, Erik Paulsen, Donald M. Westmoreland, Robert Wexler*, Ed Whitfield, lee, Steve Israel, Darrell E. Issa, Jesse L. Payne, Nancy Pelosi, Mike Pence, Ed Charles A. Wilson, Joe Wilson, Robert J. Jackson Jr., Sheila Jackson Lee, Lynn Jen- Perlmutter, Thomas S.P. Perriello, Gary C. Wittman, Frank R. Wolf, Lynn C. Woolsey, kins, Eddie Bernice Johnson, Henry C. Peters, Collin C. Peterson, Thomas E. Petri, David Wu, John A. Yarmuth, C.W. Bill ‘‘Hank’’ Johnson Jr., Sam Johnson, hTimothy Pedro R. Pierluisi, Chellie Pingree, Joseph Young, Don Young EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the second quarter of 2010 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DAVE GRIMALDI, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN AUG. 17 AND AUG. 21, 2010

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Dave Grimaldi ...... 8 /17 8 /18 Gabon ...... 8/18 8/19 Uganda ...... 8/19 8/21 Ghana ...... Committee total ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAVE GRIMALDI, Oct. 7, 2010.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA, EXPENDED BETWEEN SEPT. 6 AND SEPT. 12, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Nancy Pelosi ...... 9/08 9/10 Canada ...... 416.00 ...... (3) ...... 416.00 Hon. Ed Markey ...... 9/09 9/09 Canada ...... 302.00 ...... 1,436.28 ...... 1,738.28 Hon. Wilson Livingood ...... 9/08 9/10 Canada ...... 416.00 ...... (3) ...... 416.00 Hon. Brian Monahan ...... 9/08 9/10 Canada ...... 562.00 ...... 969.73 ...... 1,531.73 John Lawrence ...... 9/08 9/12 Canada ...... 1,208.00 ...... 903.03 ...... 2,111.03 Stacee Bako ...... 9/08 9/10 Canada ...... 604.00 ...... 3 1,414.33 ...... 2,018.33 Wyndee Parker ...... 9/08 9/10 Canada ...... 604.00 ...... 3,304.63 ...... 3,908.63 Karen Wayland ...... 9 /08 9 /09 Canada ...... 302.00 ...... 969.73 ...... 1,271.73 Andrew Hamill ...... 9/08 9/10 Canada ...... 581.41 ...... 969.73 ...... 1,551.14 Bridget Fallon ...... 9/06 9/10 Canada ...... 1,208.00 ...... 1,033.15 ...... 2,241.15

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.038 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7602 CONGRESSIONAL RECORD — HOUSE November 18, 2010 (AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA, EXPENDED BETWEEN SEPT. 6 AND SEPT. 12, 2010—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Kate Knudson ...... 9/08 9/10 Canada ...... 604.00 ...... 969.73 ...... 1,573.73 Morgan Gray ...... 9/08 9/09 Canada ...... 302.00 ...... 969.73 ...... 1,271.73 Tina Agee ...... 9/08 9/10 Canada ...... 604.00 ...... 969.73 ...... 1,573.73 * THIS IS AN AMENDMENT TO FORM FILED 10/08/ 2010 Committee total ...... 21,623.21 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. NANCY PELOSI, Speaker of the House, Oct. 21, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA, EXPENDED BETWEEN SEPT. 6 AND SEPT. 12, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Nancy Pelosi ...... 9/08 9/10 Canada ...... 416.00 ...... (3) ...... 416.00 Hon. Ed Markey ...... 9/08 9/09 Canada ...... 302.00 ...... 1,436.28 ...... 1,738.28 Hon. Wilson Livingood ...... 9/08 9/10 Canada ...... 416.00 ...... (3) ...... 416.00 Hon. Brian Monahan ...... 9/08 9/10 Canada ...... 562.00 ...... 969.73 ...... 1,531.73 John Lawrence ...... 9/08 9/12 Canada ...... 1,173.00 ...... 903.03 ...... 2,076.03 Stacee Bako ...... 9/08 9/10 Canada ...... 604.00 ...... 3 1,414.33 ...... 2,018.33 Wyndee Parker ...... 9/08 9/10 Canada ...... 604.00 ...... 3,304.63 ...... 3,908.63 Karen Wayland ...... 9 /08 9 /09 Canada ...... 302.00 ...... 969.73 ...... 1,271.73 Andrew Hamill ...... 9/08 9/10 Canada ...... 581.41 ...... 969.73 ...... 1,551.14 Bridget Fallon ...... 9/06 9/10 Canada ...... 1,208.00 ...... 1,033.15 ...... 2,241.15 Kate Knudson ...... 9/08 9/10 Canada ...... 604.00 ...... 969.73 ...... 1,573.73 Morgan Gray ...... 9/08 9/09 Canada ...... 302.00 ...... 969.73 ...... 1,271.73 Tina Agee ...... 9/08 9/10 Canada ...... 604.00 ...... 969.73 ...... 1,573.73 Committee total ...... 21,588.21 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. NANCY PELOSI, Speaker of the House, Oct. 8, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Scott R. Kuschmider, staff ...... 8/08 8/13 Uganda ...... 1,164.00 ...... 3,352.50 ...... 4,516.50 Michael D. Dunlap, staff ...... 8 /08 8 /13 Uganda ...... 1,164.00 ...... 3,352.50 ...... 4,516.50 Scott R. Kuschmider, staff ...... 8/13 8/18 Kenya ...... 1,492.00 ...... 1,492.00 Michael D. Dunlap, staff ...... 8 /13 8 /18 Kenya ...... 1,492.00 ...... 1,492.00 Committee total ...... 5,312.00 ...... 6,705.00 ...... 12,017.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. COLLIN C. PETERSON, Chairman, Oct. 27, 2010.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Scott R. Kuchmider, staff ...... 8 /08 8 /13 Uganda ...... 1,164.00 ...... 3,352.50 ...... 4,516.50 Michael D. Dunlap, staff ...... 8 /08 8 /13 Uganda ...... 1,164.00 ...... 3,352.50 ...... 4,516.50 Scott R. Kuchmider, staff ...... 8 /13 8 /18 Kenya ...... 1,926.00 ...... 1,926.00 Michael D. Dunalp, staff ...... 8 /13 8 /18 Kenya ...... 1,926.00 ...... 1,926.00 Committee total ...... 6,180.00 ...... 6,705.00 ...... 12,885.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. COLLIN C. PETERSON, Chairman, Oct. 29, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

John Blazey ...... 7/6 7/7 Yemen ...... 444.00 ...... 444.00 7 /7 7 /8 Lebanon ...... 494.00 ...... 494.00 Commercial airfare ...... 9,047.40 ...... 9,047.40 Shalanda Young ...... 7/13 7/14 Mali ...... Commercial airfare ...... 3,748.40 ...... 3,748.40 Hon. Barbara Lee ...... 7/17 7/19 Austria ...... 1,360.00 ...... 1,062.68 ...... 2,422.68 Misc. Embassy Costs ...... 1,014.21 ...... 1,014.21 Commercial airfare ...... 1,248.40 ...... 1,248.40

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7603 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Michele Sumilas ...... 8/6 8 /8 U.A.E...... 368.00 ...... 368.00 8 /8 8 /11 Afghanistan ...... 84.00 ...... 84.00 Commercial airfare ...... 3,184.50 ...... 3,184.50 BG Wright ...... 8/8 8/10 Spain ...... 677.99 ...... 677.99 8/10 8/13 Israel ...... 1,308.00 ...... 373.00 ...... 1,681.00 8/13 8/15 Italy ...... 1,041.82 ...... 1,041.82 Commercial airfare ...... 5,938.59 ...... 5,938.59 Celes Hughes ...... 8/9 8/11 Lebanon ...... 397.00 ...... 155.00 ...... 552.00 8/11 8/13 Turkey ...... 590.00 ...... 590.00 Commercial airfare ...... 9,148.30 ...... 9,148.30 Anne Marie Chotvacs ...... 8/9 8/11 Lebanon ...... 397.00 ...... 155.00 ...... 552.00 8/11 8/13 Turkey ...... 590.00 ...... 590.00 Commercial airfare ...... 9,148.30 ...... 9,148.30 Beverly Aimaro Pheto ...... 8/13 8/19 India ...... 1,944.00 ...... 407.07 ...... 2,351.07 Commercial airfare ...... 5,460.60 ...... 5,460.60 Shalanda Young ...... 8/13 8/19 India ...... 1,944.00 ...... 407.07 ...... 2,351.07 ...... 5,460.60 ...... 5,460.60 Jennifer Miller ...... 8/17 8/20 Saudi Arabia ...... 1,208.40 ...... 1,208.40 8/20 8/21 Djibouti ...... 454.00 ...... 102.00 ...... 15.00 ...... 571.00 Commercial airfare ...... 9,568.49 ...... 9,568.49 Jeff Shockey ...... 8/17 8/20 Saudi Arabia ...... 1,208.40 ...... 15.00 ...... 1,223.40 8/20 8/21 Djibouti ...... 454.00 ...... 55.00 ...... 509.00 Commercial airfare ...... 9,568.49 ...... 9,568.49 Craig Higgins ...... 8/17 8/18 Dominican Republic ...... 500.00 ...... 500.00 8/18 8/19 Haiti ...... 118.00 ...... 118.00 Steve Marchese ...... 8/17 8/18 Dominican Republic ...... 500.00 ...... 500.00 8/18 8/19 Haiti ...... 118.00 ...... 118.00 Commercial airfare ...... 623.80 ...... 623.80 Michele Sumilas ...... 8/17 8/18 Dominican Republic ...... 250.00 ...... 9,568.49 ...... 250.00 8/18 8/19 Haiti ...... 236.00 ...... 236.00 Commercial airfare ...... 561.20 ...... 561.20 Hon. Jack Kingston ...... 8 /22 8 /25 Argentina ...... 979.39 ...... (3) ...... 979.39 8/25 8/28 Brazil ...... 1,432.69 ...... (3) ...... 1,432.69 8/28 8/29 Colombia ...... 374.00 ...... (3) ...... 374.00 Kate Hallahan ...... 8/28 9/3 Japan ...... 2,316.00 ...... (3) ...... 2,316.00 Commercial airfare ...... 6,301.50 ...... 6,301.50 Sylvia Garcia ...... 8 /28 9 /3 Japan ...... 2,316.00 ...... 2,316.00 Commercial airfare ...... 1,294.50 ...... 1,294.50 Laura Hogshead ...... 8/28 9/3 Japan ...... 2,316.00 ...... 2,316.00 Commercial airfare ...... 6,301.50 ...... 6,301.50 Matthew McCardie ...... 8/28 9/3 Japan ...... 2,316.00 ...... 2,316.00 Commercial airfare ...... 11,439.00 ...... 11,439.00 Hon. James Moran ...... 8/29 8/30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 Hon. Harold Rogers ...... 8/29 8/30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 Hon. Rodney Frelinghuysen ...... 8/29 8/30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E ...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E ...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 Hon. Tom Cole ...... 8/29 8/30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E ...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E ...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 Paul Terry ...... 8 /29 8 /30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E ...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E ...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 Marjorie Duske ...... 8 /29 8 /30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E ...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E ...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 Jeff Shockey ...... 8/29 8/30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E ...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E ...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 Ann Reese ...... 8/29 8/30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E ...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E ...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78 BG Wright ...... 8/29 8/30 En Route ...... 12.39 ...... (3) ...... 12.39 8/30 8/31 Greece ...... 253.06 ...... (3) ...... 253.06 8/31 9/1 U.A.E ...... 407.48 ...... (3) ...... 407.48 9 /1 9 /2 Afghanistan ...... 28.00 ...... (3) ...... 28.00 9 /2 9 /3 U.A.E ...... 415.48 ...... (3) ...... 415.48 9 /3 9 /5 Italy ...... 589.32 ...... (3) ...... 36.96 ...... 626.28 9 /5 9 /5 En Route ...... 24.78 ...... (3) ...... 24.78

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7604 CONGRESSIONAL RECORD — HOUSE November 18, 2010 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Taunja Berquam ...... 8/30 9/3 UK ...... 1,458.00 ...... 170.41 ...... 1,628.41 Commercial airfare ...... 2,041.10 ...... 2,041.10 Robert Blair ...... 8 /30 9 /3 UK ...... 1,458.00 ...... 130.41 ...... 1,588.41 Commercial airfare ...... 2,041.10 ...... 2,041.10 Hon. Debbie Wasserman Schultz ...... 9/5 9/7 Israel ...... 292.00 ...... 292.00 Commercial airfare ...... 11,660.00 ...... 11,660.00 Hon. Steve Israel ...... 9/5 9/7 Israel ...... 292.00 ...... 292.00 Commercial airfare ...... 7,072.00 ...... 7,072.00 Committee total ...... 47,811.28 ...... 122,622.39 ...... 3,253.67 ...... 173,687.34 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. DAVID R. OBEY, Chairman, Oct. 28, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Lebanon, July 5–9, 2010, With STAFFDEL Kuiken: Mark Lewis ...... 7/6 7/8 Lebanon ...... 494.00 ...... 494.00 Commercial transportation ...... 8,532.80 ...... 8,532.80 Visit to Afghanistan and Germany, July 5–10, 2010: Hon. Carol Shea-Porter ...... 7/6 7/6 Germany ...... 105.25 ...... 105.25 7/7 7/8 Afghanistan ...... 28.00 ...... 28.00 7/9 7/9 Germany ...... 105.25 ...... 105.25 Hon. Michael Turner ...... 7/6 7/6 Germany ...... 74.58 ...... 74.58 7/7 7/8 Afghanistan ...... 7/9 7/9 Germany ...... 74.57 ...... 74.57 Debra Wada ...... 7/6 7 /6 Germany ...... 99.88 ...... 99.88 7/7 7/8 Afghanistan ...... 7/9 7/9 Germany ...... 99.87 ...... 99.87 Kari Bingen ...... 7 /6 7/6 Germany ...... 98.38 ...... 98.38 7/7 7/8 Afghanistan ...... 7/9 7/9 Germany ...... 98.37 ...... 98.37 Visit to Germany, India, Thailand, July 29–August 6, 2010, With CODEL Ruppersberger: Hon. Duncan Hunter ...... 7/31 8/1 Germany ...... 350.01 ...... 350.01 8/1 8/2 India ...... 163.84 ...... 163.84 Commercial transportation ...... 3,057.20 ...... 3,057.20 Visit to Dubai, Oman, Afghanistan, Bahrain, July 31–August 5, 2010: Hon. Gene Taylor ...... 8 /1 8/2 Oman ...... 139.00 ...... 139.00 8 /2 8 /3 Afghanistan ...... 28.00 ...... 28.00 8 /3 8 /4 Bahrain ...... 124.00 ...... 124.00 Commercial airfare ...... 8,123.70 ...... 8,123.70 Hon. Madeleine Bordallo ...... 8/1 8/2 Oman ...... 139.00 ...... 139.00 8 /2 8 /3 Afghanistan ...... 28.00 ...... 28.00 8 /3 8 /4 Bahrain ...... 124.00 ...... 124.00 Commercial airfare ...... 8,123.70 ...... 8,123.70 Hon. Glenn Nye ...... 8/1 8 /2 Oman ...... 139.00 ...... 139.00 8 /2 8 /3 Afghanistan ...... 28.00 ...... 28.00 8 /3 8 /4 Bahrain ...... 124.00 ...... 124.00 Commercial airfare ...... 8,123.70 ...... 8,123.70 Hon. Mark Critz ...... 8/1 8/2 Oman ...... 139.00 ...... 139.00 8 /2 8 /3 Afghanistan ...... 28.00 ...... 28.00 8 /3 8 /4 Bahrain ...... 124.00 ...... 124.00 Commercial airfare ...... 8,123.70 ...... 8,123.70 Hon. Joe Wilson ...... 8/1 8/2 Oman ...... 139.00 ...... 139.00 8 /2 8 /3 Afghanistan ...... 28.00 ...... 28.00 8 /3 8 /4 Bahrain ...... 124.00 ...... 124.00 Commercial airfare ...... 8,123.70 ...... 8,123.70 Hon. Mike Conaway ...... 8/1 8 /2 Oman ...... 8 /2 8 /3 Afghanistan ...... 28.00 ...... 28.00 8 /3 8 /4 Bahrain ...... 36.83 ...... 36.83 Commercial airfare ...... 8,123.70 ...... 8,123.70 Josh Holly ...... 8/1 8/2 Oman ...... 139.00 ...... 139.00 8 /2 8 /3 Afghanistan ...... 28.00 ...... 28.00 8 /3 8 /4 Bahrain ...... 124.00 ...... 124.00 Commercial airfare ...... 8,123.70 ...... 8,123.70 Visit to Iraq, Kuwait, August 10–14, 2010: Paul Arcangeli ...... 8/11 8/12 Kuwait ...... 447.24 ...... 447.24 8/12 8/13 Iraq ...... Commercial airfare ...... 7,168.60 ...... 7,168.60 Debra Wada ...... 8/11 8/12 Kuwait ...... 447.24 ...... 447.24 8/12 8/13 Iraq ...... Commercial airfare ...... 7,168.60 ...... 7,168.60 Tim McClees ...... 8/11 8/12 Kuwait ...... 447.24 ...... 447.24 8/12 8/13 Iraq ...... Commercial airfare ...... 7,168.60 ...... 7,168.60 Pete Villano ...... 8/11 8/12 Kuwait ...... 447.24 ...... 447.24 8/12 8/13 Iraq ...... Commercial airfare ...... 7,168.60 ...... 7,168.60 Tom Hawley ...... 8/11 8/12 Kuwait ...... 447.24 ...... 447.24 8/12 8/13 Iraq ...... Commercial airfare ...... 7,168.60 ...... 7,168.60 Visit to Lebanon, Turkey, August 8–13, 2010, With STAFFDEL Hughes: Roger Zakheim ...... 8/9 8/11 Lebanon ...... 394.00 ...... 394.00 8/11 8/13 Turkey ...... 614.88 ...... 614.88 Commercial airfare ...... 9,148.30 ...... 9,148.30

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7605 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Mongolia, China, August 22–28, 2010: Mark Lewis ...... 8/23 8/27 Mongolia ...... 702.00 ...... 702.00 8/28 8/29 China ...... 95.00 ...... 95.00 Commercial airfare ...... 8,656.50 ...... 8,656.50 Visit to Afghanistan, United Arab Emirates, Jor- dan, August 24–28, 2010, With CODEL Baird: Hon. Rick Larsen ...... 8/25 8/26 United Arab Emirates ...... 135.00 ...... 135.00 8/26 8/27 Afghanistan ...... 28.00 ...... 28.00 8/28 8/28 Jordan ...... Commercial airfare ...... 8,441.10 ...... 8,441.10 Visit to Serbia, Montenegro, Croatia, August 29–September 6, 2010, With CODEL Delahunt: Hon. Michael Turner ...... 8/30 9/1 Serbia ...... 216.00 ...... 216.00 9 /1 9 /3 Montenegro ...... 762.00 ...... 762.00 9 /3 9 /6 Croatia ...... 460.00 ...... 460.00 Visit to Malta, Lebanon, Pakistan, Afghanistan, Georgia, September 1–7, 2010, With CODEL Marshall: Hon. Jim Marshall ...... 9/1 9 /2 Malta ...... 268.90 ...... 268.90 9 /2 9 /2 Lebanon ...... 9 /2 9 /4 Pakistan ...... 80.00 ...... 80.00 9 /4 9 /5 Afghanistan ...... 28.00 ...... 28.00 9 /5 9 /7 Georgia ...... 570.00 ...... 570.00 Commercial transportation ...... 1,404.00 ...... 1,404.00 Tom Hawley ...... 9/1 9/2 Malta ...... 268.90 ...... 268.90 9 /2 9 /2 Lebanon ...... 9 /2 9 /4 Pakistan ...... 80.00 ...... 80.00 9 /4 9 /5 Afghanistan ...... 28.00 ...... 28.00 9 /5 9 /7 Georgia ...... 570.00 ...... 570.00 Commercial transportation ...... 785.00 ...... 785.00 Peter Villano ...... 9/1 9 /2 Malta ...... 224.90 ...... 224.90 9 /2 9 /2 Lebanon ...... 9 /2 9 /4 Pakistan ...... 40.00 ...... 40.00 9 /4 9 /5 Afghanistan ...... 28.00 ...... 28.00 9 /5 9 /7 Georgia ...... 532.00 ...... 532.00 Commercial transportation ...... 785.00 ...... 785.00 Visit to Canada, September 9–10, 2010: Dave Kildee ...... 9/9 9/10 Canada ...... 112.00 ...... 112.00 Commercial airfare ...... 1,930.83 ...... 1,930.83 Visit to England, September 17–21, 2010: Hon. Trent Franks ...... 9/17 9/21 England ...... 860.00 ...... 860.00 Commercial transportation ...... 915.20 ...... 915.20 Kari Bingen Tytler ...... England ...... 860.00 ...... 860.00 Commercial transportation ...... 915.20 ...... 915.20 Visit to Japan, September 25–29, 2010: Robert DeGrasse ...... 9/26 9/29 Japan ...... 1,383.00 ...... 1,383.00 Commercial transportation ...... 11,705.30 ...... 11,705.30 Kari Binen Tytler ...... 9/26 9/29 Japan ...... 1,383.00 ...... 1,383.00 Commercial transportation ...... 12,169.30 ...... 12,169.30 Committee total ...... 16,853.61 ...... 169,278.33 ...... 186,131.94 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. IKE SKELTON, Chairman, Nov. 1, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Teri Gullo ...... 7/03 7/04 Senegal ...... 241.00 ...... (3) ...... 241.00 7/04 7/06 Liberia ...... 414.00 ...... (3) ...... 414.00 7/06 7/09 Kenya ...... 986.00 ...... (3) ...... 986.00 7/09 7/11 Tanzania ...... 448.00 ...... (3) ...... 448.00 7/11 7/13 Mali ...... 746.00 ...... (3) ...... 746.00 7/13 7/14 United States ...... 3,783.40 ...... 3,783.40 Hon. Cynthia Lummis ...... 9/01 9/02 Malta ...... 54.00 ...... (3) ...... 194.00 ...... 248.00 9/02 9/02 Lebanon ...... (3) ...... 0.00 9/02 9/04 Pakistan ...... 80.00 ...... (3) ...... 80.00 9/04 9/05 Afghanistan ...... 15.00 ...... (3) ...... 15.00 9/05 9/07 Georgia ...... 98.00 ...... (3) ...... 487.82 ...... 585.82 Committee total ...... 3,082.00 ...... 3,783.40 ...... 681.82 ...... 7,547.22 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN M. SPRATT, Jr., Chairman, Oct. 28, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND LABOR, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. GEORGE MILLER, Chairman, Oct. 29, 2010.

VerDate Mar 15 2010 06:07 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7606 CONGRESSIONAL RECORD — HOUSE November 18, 2010 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Tammy Baldwin ...... 8/03 8/04 Israel ...... 466.00 ...... 466.00 8/05 8/06 Afghanistan ...... 28.00 ...... (3) ...... 28.00 8/06 8/07 Germany ...... 176.25 ...... 176.25 Hon. Joe Barton ...... 8/03 8/04 Israel ...... 466.00 ...... 466.00 8/05 8/06 Afghanistan ...... 6.00 ...... (3) ...... 6.00 8/06 8/07 Germany ...... 148.25 ...... 148.25 David Cavicke ...... 8 /03 8 /05 Israel ...... 780.80 ...... 780.80 Military and Commercial Aircraft ...... 8 /05 8 /07 Germany ...... 432.45 ...... 715.99 ...... 1,148.44 Hon. Marsha Blackburn ...... 8 /28 8 /31 China ...... 10,177.90 ...... 10,177.90

Committee total ...... 2,503.75 ...... 10,893.89 ...... 13,397.64 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. HENRY A. WAXMAN, Chairman, Nov. 1, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Stephane LeBouder ...... 8/6 8 /8 Colombia ...... 702.67 ...... (3) ...... 702.67 Hon. Andre Carson ...... 8/3 8/4 Israel ...... 466.00 ...... (3) ...... 466.00 8 /5 8 /6 Afghanistan ...... 28.00 ...... (3) ...... 28.00 8 /6 8 /7 Germany ...... 176.25 ...... (3) ...... 176.25

Committee total ...... 1,372.92 ...... 1,372.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. BARNEY FRANK, Chairman, Oct. 29, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent or Foreign equivalent or Foreign equivalent or Foreign equivalent or Arrival Departure currency U.S. currency U.S. currency U.S. currency U.S. currency 2 currency 2 currency 2 currency 2

Paul Berkowitz ...... 7/30 8/1 Germany ...... 559.84 ...... (3) ...... 559.84 8 /1 8 /2 India ...... 303.75 ...... (3) ...... 303.75 8 /2 8 /5 Thailand ...... 569.00 ...... (3) ...... 569.00 8 /5 8 /6 Austria ...... 370.90 ...... (3) ...... 370.90 Dan Bob ...... 7 /4 7/6 Philippines ...... 474.00 ...... 474.00 7 /6 7 /8 Korea ...... 700.00 ...... 700.00 7 /8 7 /12 Japan ...... 1,724.00 ...... 1,724.00 ...... 414,786.10 ...... 14,786.10 Genell Brown ...... 8/17 8/18 Gabon ...... 0.00 ...... (3) ...... 0.00 8/18 8/19 Uganda ...... 234.00 ...... (3) ...... 234.00 8/19 8/21 Ghana ...... 857.00 ...... (3) ...... 857.00 Hon. Dan Burton ...... 8/30 9/1 Serbia ...... 712.00 ...... (3) ...... 712.00 9 /1 9 /3 Montenegro ...... 762.00 ...... (3) ...... 762.00 9 /3 9 /6 Croatia ...... 1,332.20 ...... (3) ...... 1,332.20 Joan Condon ...... 8/2 8 /4 Ghana ...... 509.00 ...... 509.00 8 /4 8 /7 Guinea ...... 442.00 ...... 442.00 8 /7 8 /10 Senegal ...... 894.00 ...... 894.00 ...... 46,795.84 ...... 6,795.84 Hon. Bill Delahunt ...... 8/25 8/26 Canada ...... 546.02 ...... 546.02 ...... 43,654.42 ...... 3,654.42 8/30 9/1 Serbia ...... 712.00 ...... (3) ...... 712.00 9 /1 9 /3 Montenegro ...... 762.00 ...... (3) ...... 762.00 9 /3 9 /6 Croatia ...... 1,332.20 ...... (3) ...... 1,332.20 Hon. Eliot L. Engel ...... 8/6 8 /8 Colombia ...... 702.67 ...... (3) ...... 702.67 Hon. Eni F. H. Faleomavaega ...... 8/24 8/27 Vietnam ...... 763.89 ...... 763.89 8/27 8/28 Japan ...... 187.00 ...... 187.00 ...... 412,145.10 ...... 12,145.10 Hon. Jeff Flake ...... 8/30 9/1 Serbia ...... 712.00 ...... (3) ...... 712.00 9 /1 9 /3 Montenegro ...... 762.00 ...... (3) ...... 762.00 9 /3 9 /6 Croatia ...... 1,332.20 ...... (3) ...... 1,332.20 Brian Forni ...... 8/30 9/1 Serbia ...... 712.00 ...... (3) ...... 712.00 9 /1 9 /3 Montenegro ...... 762.00 ...... (3) ...... 762.00 9 /3 9 /6 Croatia ...... 1,332.20 ...... (3) ...... 1,332.20 Guillermina Garcia ...... 8 /22 8 /29 Colombia ...... 2,029.00 ...... 2,029.00 ...... 4 3,663.25 ...... 3,663.25 Daniel Harsha ...... 7/4 7/8 Malaysia ...... 646.00 ...... 646.00 7 /8 7 /12 Cambodia ...... 657.00 ...... 657.00 ...... 4 11,440.30 ...... 11,440.30 Hon. Bob Inglis ...... 8/17 8/18 Gabon ...... 0.00 ...... (3) ...... 0.00 8/18 8/19 Uganda ...... 264.00 ...... (3) ...... 264.00 8/19 8/21 Ghana ...... 932.00 ...... (3) ...... 932.00 Kristin Jackson ...... 8/6 8/10 Colombia ...... 1,405.34 ...... (3) ...... 1,405.34 8/10 8/13 Ecuador ...... 718.00 ...... 718.00 ...... 5 1,166.92 ...... 1,166.92 Hon. Sheila Jackson Lee ...... 7/6 7/7 Germany ...... 61.25 ...... (3) ...... 61.25 7 /7 7 /8 Afghanistan ...... 10.00 ...... (3) ...... 10.00 7 /8 7 /9 Germany ...... 97.00 ...... (3) ...... 97.00 8/17 8/18 Gabon ...... 0.00 ...... (3) ...... 0.00 8/18 8/19 Uganda ...... 248.00 ...... (3) ...... 248.00 8/19 8/21 Ghana ...... 752.00 ...... (3) ...... 752.00 Eric Jacobstein ...... 8/6 8/10 Colombia ...... 1,405.34 ...... (3) ...... 1,405.34

VerDate Mar 15 2010 06:07 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7607 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent or Foreign equivalent or Foreign equivalent or Foreign equivalent or Arrival Departure currency U.S. currency U.S. currency U.S. currency U.S. currency 2 currency 2 currency 2 currency 2

8/10 8/13 Ecuador ...... 718.00 ...... 718.00 ...... 5 1,166.92 ...... 1,166.92 Janice Kaguyutan ...... 7/4 7 /8 Malaysia ...... 612.00 ...... 612.00 7 /8 7 /12 Cambodia ...... 752.00 ...... 752.00 ...... 4 11,653.30 ...... 11,653.30 8/22 8/29 Colombia ...... 2,029.00 ...... 2,029.00 ...... 4 3,663.25 ...... 3,663.25 Hon. Ron Klein ...... 8 /3 8/4 Israel ...... 466.00 ...... (3) ...... 466.00 8 /5 8 /6 Afghanistan ...... 28.00 ...... (3) ...... 28.00 8 /6 8 /7 Germany ...... 176.25 ...... (3) ...... 176.25 Jessica Lee ...... 7/4 7/8 Malaysia ...... 732.00 ...... 732.00 7 /8 7 /12 Cambodia ...... 752.00 ...... 752.00 ...... 4 11,563.00 ...... 11,563.00 8/29 9/1 India ...... 958.00 ...... 958.00 9 /1 9 /5 Thailand ...... 842.00 ...... 842.00 ...... 4 7,891.80 ...... 7,891.80 Vili Lei ...... 8/24 8/27 Vietnam ...... 763.89 ...... 763.89 8/27 8/28 Japan ...... 169.23 ...... 169.23 ...... 4 14,250.20 ...... 14,250.20 Hon. Connie Mack ...... 8/6 8 /7 Colombia ...... 453.33 ...... (3) ...... 453.33 ...... 3 648.00 ...... 648.00 Alan Makovsky ...... 7/30 8/2 Greece ...... 900.00 ...... 900.00 8 /2 8 /6 Egypt ...... 1,068.00 ...... 1,068.00 8 /6 8 /7 Cyprus ...... 240.00 ...... 240.00 ...... 4 7,660.50 ...... 7,660.50 Robert Marcus ...... 8/16 8/20 Morocco ...... 789.00 ...... 789.00 ...... 5 5,032.90 ...... 5,032.90 Hon. Gregory W. Meeks ...... 8/6 8/8 Colombia ...... 702.67 ...... (3) ...... 702.67 Diana Ohlbaum ...... 8/16 8/22 Morocco ...... 992.00 ...... 992.00 ...... 5 5,002.20 ...... 5,002.20 9/27 9/28 Kuwait ...... 353.06 ...... 353.06 9/28 9/30 Iraq ...... 0.00 ...... (3) ...... 0.00 ...... 13,585.70 ...... 13,585.70 Thomas Omestad ...... 9/27 9/28 Kuwait ...... 337.06 ...... 337.06 9/28 9/30 Iraq ...... 0.00 ...... (3) ...... 0.00 ...... 5 13,585.70 ...... 13,585.70 Hon. Donald M. Payne ...... 7/3 7/5 Rwanda ...... 0.00 ...... 0.00 ...... 7 8,626.80 ...... 8,626.80 Peter Quilter ...... 9 /7 9/10 El Salvador ...... 593.00 ...... 593.00 ...... 4 1,526.56 ...... 1,526.56 Jacqueline Quinones ...... 7/6 7/8 Switzerland ...... 834.00 ...... 6 1,115.00 ...... 1,949.00 ...... 4 947.30 ...... 947.30 7/31 8/4 Ghana ...... 762.00 ...... 762.00 8 /4 8 /7 Guinea ...... 433.50 ...... 433.50 8 /7 8 /10 Senegal ...... 919.00 ...... 919.00 ...... 4 6,584.44 ...... 6,584.44 9/27 9/28 Kuwait ...... 355.06 ...... 355.06 9/28 9/30 Iraq ...... 0.00 ...... (3) ...... 0.00 ...... 4 13,550.70 ...... 13,550.70 Hon. Dana Rohrabacher ...... 7/30 8/1 Germany ...... 559.84 ...... (3) ...... 559.84 8 /1 8 /2 India ...... 293.75 ...... (3) ...... 293.75 8 /2 8 /5 Thailand ...... 574.00 ...... (3) ...... 574.00 8 /5 8 /6 Austria ...... 370.90 ...... (3) ...... 370.90 Hon. Edward R. Royce ...... 8 /24 8 /25 Canada ...... 286.00 ...... 286.00 ...... 4 2,990.83 ...... 2,990.83 Julie Schoenthaler ...... 8/6 8/8 Colombia ...... 695.67 ...... (3) ...... 695.67 Daniel Silverberg ...... 7/6 7/8 Yemen ...... 458.00 ...... 458.00 7 /8 7 /9 Lebanon ...... 294.00 ...... 294.00 ...... 4 12,077.90 ...... 12,077.90 Hon. Albio Sires ...... 8/6 8/8 Columbia ...... 702.67 ...... (3) ...... 702.67 Amanda Sloat ...... 6 /2 6/6 Bosnia ...... 558.00 ...... 558.00 ...... 4 1,535.20 ...... 1,535.20 7 /3 7 /6 Iceland ...... 596.00 ...... 596.00 7 /6 7 /7 Norway ...... 329.00 ...... 329.00 7 /7 7 /11 Sweden ...... 998.00 ...... 998.00 ...... 4 2,856.30 ...... 2,856.30 7/31 8/4 Ghana ...... 762.00 ...... 762.00 8 /4 8 /7 Guinea ...... 438.00 ...... 438.00 8 /7 8 /10 Senegal ...... 899.00 ...... 899.00 ...... 4 6,584.44 ...... 6,584.44 9 /1 9 /3 Uzbekistan ...... 268.00 ...... 268.00 9 /3 9 /9 Kyrgyzstan ...... 1,487.83 ...... 1,487.83 ...... 4 12,130.95 ...... 12,130.95 Mark Walker ...... 8/30 9/1 Serbia ...... 712.00 ...... (3) ...... 712.00 9 /1 9 /3 Montenegro ...... 762.00 ...... (3) ...... 762.00 9 /3 9 /6 Croatia ...... 1,320.60 ...... (3) ...... 1,320.60 Robyn Wapner ...... 8/6 8/10 Columbia ...... 1,361.34 ...... (3) ...... 1,361.34 ...... 5 1,327.90 ...... 1,327.90 Lisa Williams ...... 8/24 8/27 Vietnam ...... 763.89 ...... 763.89 8/27 8/28 Japan ...... 169.23 ...... 169.23 ...... 4 14,250.20 ...... 14,250.20 Shanna Winters ...... 7/6 7 /8 Switzerland ...... 836.00 ...... 6 1,115.00 ...... 1,951.00 ...... 4 947.30 ...... 947.30 Brent Woolfork ...... 7 /4 7/6 Iceland ...... 601.00 ...... 601.00 7 /6 7 /7 Norway ...... 314.00 ...... 314.00 7 /7 7 /10 Sweden ...... 1,038.00 ...... 1,038.00 ...... 4 4,028.00 ...... 4,028.00 8/29 9/1 Turkmenistan ...... 127.00 ...... 127.00 9 /1 9 /3 Uzbezkistan ...... 277.00 ...... 277.00 9 /3 9 /9 Kyrgyzstan ...... 1,517.83 ...... 1,517.83 ...... 4 10,241.76 ...... 10,241.76 Committee total ...... 69,387.20 ...... 249,561.98 ...... 2,230.00 ...... 321,179.18 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Round-trip airfare. 5 Return airfare. 6 Indicates delegation costs. 7 One-way airfare. HON. HOWARD L. BERMAN, Chairman, Oct. 29, 2010.

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Henry Brown ...... 8/17 8/18 Gabon ...... (3) ...... 8/18 8/19 Uganda ...... 103.00 ...... (3) ...... 103.00 8/19 8/21 Ghana ...... 282.00 ...... (3) ...... 282.00 Committee total ...... 385.00 ...... 385.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. NICK J. RAHALL II, Chairman, Oct. 6, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Andrew Wright ...... 8/16 8/19 United Kingdom ...... 1,239.00 ...... 784.00 ...... 2,023.00 Boris Maguire ...... 8/12 8/15 Kyrgzstan ...... 1,122.48 ...... 7,646.90 ...... 8,769.38 8/15 8/19 United Kingdom ...... 1,652.00 ...... 1,652.00 Thoms Alexander ...... 8/22 8/15 Kyrgzstan ...... 1,122.48 ...... 7,649.90 ...... 8,772.38 8/15 8/19 United Kingdom ...... 1,652.00 ...... 1,652.00 Christopher Bright ...... 8 /12 8 /15 Kyrgzstan ...... 1,122.48 ...... 7,646.90 ...... 8,769.38 8/15 8/19 United Kingdom ...... 1,641.00 ...... 1,641.00 Scott Lindsay ...... 8/12 8/15 Kyrgzstan ...... 1,122.48 ...... 7,646,90 ...... 8,769.38 8/15 8/19 United Kingdom ...... 1,652.00 ...... 1,652.00 Other Delegation Costs: United Kingdom ...... 3,937.66 ...... 3,937.66 Michael McCarthy ...... 8/3 8 /4 Israel ...... 466.00 ...... (3) ...... 466.00 8 /5 8 /6 Afghanistan ...... 28.00 ...... 28.00 8 /6 8 /7 Germany ...... 176.25 ...... 176.25 Sharon Boyl ...... 8/3 8/4 Israel ...... 421.00 ...... (3) ...... 421.00 8 /5 8 /6 Afghanistan ...... 28.00 ...... 28.00 8 /6 8 /7 Germany ...... 176.25 ...... 176.25 Steven Rangel ...... 8/3 8/4 Israel ...... 448.00 ...... (3) ...... 488.00 8 /5 8 /6 Afghanistan ...... 28.00 ...... 28.00 8 /6 8 /7 Germany ...... 34.25 ...... 34.25 Hon. Edolphus Towns ...... 8 /3 8/4 Israel ...... 466.00 ...... (3) ...... 466.00 8 /5 8 /6 Afghanistan ...... 28.00 ...... 28.00 8 /6 8 /7 Germany ...... 176.25 ...... 176.25 Other Delegation Costs: Israel ...... 8,214.63 ...... 8,214.63 Jenny Rosenberg ...... 8 /3 8/5 Israel ...... 817.00 ...... (3) ...... 817.00 8 /5 8 /7 Germany ...... 514.25 ...... 514.25 Hon. Peter Welch ...... 9/1 9/2 Malta ...... 179.39 ...... (3) ...... 179.39 9 /2 9 /2 Lebanon ...... 0.00 ...... 9 /3 9 /4 Pakistan ...... 48.00 ...... 48.00 9 /4 9 /5 Afghanistan ...... 28.00 ...... 28.00 9 /5 9 /7 Georgia ...... 906.72 ...... 906.72 Ryan Dwyer ...... 8/30 9/1 Serbia ...... 712.00 ...... (3) ...... 712.00 9 /1 9 /3 Montenegro ...... 762.00 ...... 762.00 9 /3 9 /6 Croatia ...... 1,332.20 ...... 1,332.20 Hon. Bill Shuster ...... 8/22 8/23 Jordan ...... 493.00 ...... 6,564.69 ...... 7,057.69 8/23 8/24 Iraq ...... 0.00 ...... 8/24 8/26 Dubai ...... 548.00 ...... 548.00 8/26 8/27 Afghanistan ...... 28.00 ...... 28.00 8/28 8/30 Israel ...... 466.00 ...... 466.00 Committee total ...... 2,476.00 19,160.48 ...... 37,939.29 ...... 12,152.29 ...... 71,728.06 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. EDOLPHUS TOWNS, Chairman, Nov. 1, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Lincoln Diaz-Balart ...... 7/01 7/05 Poland ...... 1,319.07 ...... 108.50 ...... 1,427.57 8/06 8/08 Colombia ...... 802.67 ...... 802.67 8/08 8/08 Panama ...... 646.70 ...... 646.70 Committee total ...... 2,121.74 ...... 646.70 ...... 108.50 ...... 2,876.94 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. LOUISE McINTOSH SLAUGHTER, Chairwoman, Oct. 19, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010.

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mario Diaz-Balart ...... 7/01 7/05 Poland ...... 1,319.07 ...... (3) ...... 1,319.07 8/06 8/08 Colombia ...... 674.67 ...... (3) ...... 674.67 Hon. Bart Gordon ...... 7 /08 7 /10 United Kingdom ...... 663.00 ...... 1,527.40 ...... 2,190.40 7/10 7/13 Belgium ...... 842.00 ...... 842.00 Bess Caughran ...... 7/08 7/10 United Kingdom ...... 796.00 ...... 1,962.40 ...... 2,758.40 7/10 7/16 Belgium ...... 1,974.00 ...... 1,974.00 Delegation Expenses—Belgium ...... 34.23 ...... 34.23

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Delegation Expenses—United Kingdom ...... (4) ...... Hon. Brian Baird ...... 8/01 8/02 India ...... 486.00 ...... 7,857.20 ...... 8,343.20 8/02 8/06 Bhutan ...... 1,120.00 ...... 787.40 ...... 1,907.40 8/06 8/08 India ...... 972.00 ...... 972.00 Christopher King ...... 8/01 8/02 India ...... 486.00 ...... 7,857.20 ...... 8,343.20 8/02 8/06 Bhutan ...... 1,120.00 ...... 787.40 ...... 1,907.40 8/06 8/08 India ...... 972.00 ...... 972.00 Delegation Expenses—India ...... 724.22 ...... 724.22 Delegation Expenses—Bhutan ...... Hon. Brian Baird ...... 8/22 8/23 Jordan ...... 493.00 ...... 6,987.69 ...... 7,480.69 8/23 8/24 Iraq ...... (3) ...... 8/24 8/26 Dubai ...... 826.00 ...... (3) ...... 826.00 8/26 8/27 Afghanistan ...... 28.00 ...... (3) ...... 28.00 8/28 8/30 Israel ...... 932.00 ...... (3) ...... 932.00 Hon. Robert Inglis ...... 8/22 8/23 Jordan ...... 491.00 ...... 3,469.59 ...... 3,960.59 8/23 8/24 Iraq ...... (3) ...... 8/24 8/26 Dubai ...... 713.75 ...... (3) ...... 713.75 8/26 8/27 Afghanistan ...... 28.00 ...... (3) ...... 28.00 8/28 8/30 Israel ...... 754.00 ...... 754.00 Delegation Expenses—Jordan ...... 1,165.80 ...... 1,165.80 Delegation Expenses—Israel ...... 7,632.36 ...... 7,632.36 Delegation Expenses—Dubai ...... (4) ......

Committee total ...... 15,690.49 ...... 31,236.28 ...... 9,556.61 ...... 56,483.38

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportaiton. 4 Not yet received. HON. BART GORDON, Chairman, Nov. 1, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON STANDARD OF OFFICIAL CONDUCT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. ZOE LOFGREN, Chairman, Oct. 19, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jean Schmidt ...... 8/6 8/8 Columbia ...... 1,818,40 ...... (3) ...... 1,818.40 Hon. Shelley Moore Capito ...... 7/5 7 /6 Germany ...... 54.00 ...... (3) ...... 54.00 7 /6 7 /7 Afghanistan ...... 164.00 ...... (3) ...... 164.00 7 /8 7 /9 Germany ...... 54.00 ...... (3) ...... 54.00 Hon. Mark Schauer ...... 7 /5 7/6 Germany ...... 54.00 ...... (3) ...... 54.00 7 /6 7 /7 Afghanistan ...... 164.00 ...... (3) ...... 164.00 7 /8 7 /9 Germany ...... 54.00 ...... (3) ...... 54.00 Hon. Steve Kagen ...... 8 /3 8/4 Israel ...... 466.00 ...... (3) ...... 466.00 8 /5 8 /6 Afghanistan ...... 28.00 ...... (3) ...... 28.00 8 /6 8 /7 Germany ...... 176.25 ...... (3) ...... 176.25

Committee total ...... 3,032.65 ...... 3,032.65

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JAMES L. OBERSTAR, Chairman, Oct. 28, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON VETERANS’ AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee U.S. dollar U.S. dollar U.S. dollar U.S. dollar Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. BOB FILNER, Chairman, Oct. 12, 2010.

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Brian Morrison ...... 7/04 7/06 S.E. Asia ...... 466.00 ...... 7/06 7/08 S.E. Asia ...... 366.00 ...... Commercial aircraft ...... 11,903.60 ...... 12,735.60 Iram Ali ...... 7/03 7/05 S.E. Asia ...... 466.00 ...... 7/06 7/08 S.E. Asia ...... 366.00 ...... Commercial aircraft ...... 11,903.60 ...... 12,735.60 Chelsey Campbell ...... 7/03 7/05 S.E. Asia ...... 466.00 ...... Commercial aircraft ...... 7/06 7/08 S.E. Asia ...... 366.00 ...... 11,903.60 ...... 12,735.60 Mark Young ...... 7/03 7/04 Africa ...... 286.00 ...... 7/04 7/05 Africa ...... 250.00 ...... 7/06 7/08 Africa ...... 1,016.00 ...... 7/08 7/09 Africa ...... 271.00 ...... Commercial aircraft ...... 6,593.90 ...... 8,416.90 George Papaps ...... 7/03 7/04 Africa ...... 286.00 ...... 7/04 7/05 Africa ...... 250.00 ...... 7/06 7/08 Africa ...... 1,016.00 ...... 7/08 7/09 Africa ...... 271.00 ...... Commercial aircraft ...... 6,593.90 ...... 8,416.90 Jay Hulings ...... 7/05 7/07 Europe ...... 326.78 ...... 7/07 7/09 Middle East ...... 862.00 ...... Commercial aircraft ...... 2,616.49 ...... 3,805.27 Abbas Ravjani ...... 7/05 7/07 Europe ...... 326.78 ...... 7/07 7/09 Middle East ...... 862.00 ...... Commercial aircraft ...... 2,626.49 ...... 3,805.27 Nate Hauser ...... 7/05 7/07 Europe ...... 326.78 ...... 7/07 7/10 Middle East ...... 862.00 ...... Commercial Aircraft ...... 2,616.49 ...... 3,805.27 Hon. Dutch Ruppersberger ...... 8/01 8/02 S.E. Asia ...... 331.10 ...... 8/03 8/05 S.E. Asia ...... 611.21 ...... 8/06 8/09 Europe ...... 364.68 ...... 7/30 7/31 Europe ...... 435.00 ...... (3) ...... 1,741.89 Bob Minehart ...... 8/01 8/02 S.E. Asia ...... 331.10 ...... 8/03 8/05 S.E. Asia ...... 611.21 ...... 8/05 8/06 Europe ...... 364.68 ...... 7/30 7/31 Europe ...... 435.00 ...... (3) ...... 1,741.89 Carly Scott ...... 8/01 8/02 S.E. Asia ...... 331.10 ...... 8/03 8/05 S.E. Asia ...... 611.21 ...... 8/05 8/06 Europe ...... 364.38 ...... 7/30 7/31 Europe ...... 435.00 ...... (3) ...... 1,741.89 Frank Garcia ...... 8 /1 8/2 S.E. Asia ...... 331.10 ...... 8 /3 8 /5 S.E. Asia ...... 611.21 ...... 8 /5 8 /6 Europe ...... 364.68 ...... 7/30 7/31 Europe ...... 435.00 ...... (3) ...... 1,741.89 Mike Delaney ...... 8/2 8/4 Europe ...... 913.66 ...... 8 /4 8 /5 Europe ...... 126.00 ...... 8 /5 8 /7 Europe ...... 210.00 ...... Commercial aircraft ...... 4,455.20 ...... 5,704.86 Brian Morrison ...... 8/2 8 /4 Europe ...... 913.66 ...... 8 /4 8 /5 Europe ...... 126.00 ...... 8 /5 8 /7 Europe ...... 210.00 ...... Commercial aircraft ...... 5,407.20 ...... 6,656.86 Chelsey Campbell ...... 8/2 8 /4 Europe ...... 913.66 ...... 8 /4 8 /5 Europe ...... 126.00 ...... 8 /5 8 /7 Europe ...... 210.00 ...... Commercial aircraft ...... 5,407.20 ...... 6,656.86 Jay Hulings ...... 8/1 8/3 Europe ...... 734.00 ...... 8 /3 8 /5 Europe ...... 494.85 ...... 8 /5 8 /6 Europe ...... 640.00 ...... Commercial aircraft ...... 4,989.70 ...... 6,858.55 Adam Lurie ...... 8 /1 8/3 Europe ...... 734.00 ...... 8 /3 8 /5 Europe ...... 494.85 ...... 8 /5 8 /6 Europe ...... 640.00 ...... Commercial aircraft ...... 4,989.70 ...... 6,858.55 Fred Fleitz ...... 8/1 8/3 Europe ...... 734.00 ...... 8 /3 8 /5 Europe ...... 494.85 ...... 8 /5 8 /6 Europe ...... 640.00 ...... Commercial aircraft ...... 4,989.70 ...... 6,858.55 Hon. Mike Conaway ...... 8/5 8 /7 Asia ...... 632.00 ...... Commercial aircraft ...... 4,580.90 ...... 5,212.90 James Lewis ...... 8/5 8/7 Asia ...... 632.00 ...... Commercial aircraft ...... 10,334.70 ...... 10,966.70 Larry Hanauer ...... 8/8 8 /10 Asia ...... 958.00 ...... 8/10 8/11 Asia ...... 632.00 ...... 8/11 8/13 Asia ...... 443.00 ...... Commercial aircraft ...... 14,603.60 ...... 16,636.60 Linda Cohen ...... 8/08 8/10 Asia ...... 958.00 ...... 8/10 8/11 Asia ...... 632.00 ...... 8/11 8/14 Asia ...... 443.00 ...... Commercial aircraft ...... 14,603.60 ...... 16,636.60 Abbas Ravjani ...... 8/08 8/10 Asia ...... 958.00 ...... 8/10 8/11 Asia ...... 632.00 ...... 8/11 8/14 Asia ...... 443.00 ...... Commercial aircraft ...... 14,603.60 ...... 16,636.60 Catherine McElroy ...... 8 /08 8 /10 Asia ...... 958.00 ...... 8/10 8/11 Asia ...... 632.00 ...... 8/11 8/14 Asia ...... 443.00 ...... Commercial aircraft ...... 14,603.60 ...... 16,636.60 Nate Hauser ...... 8/08 8/10 Asia ...... 958.00 ...... 8/10 8/11 Asia ...... 632.00 ...... 8/11 8/14 Asia ...... 443.00 ...... Commercial aircraft ...... 14,603.90 ...... 16,636.60 Hon. Silvestre Reyes ...... 8/23 8/25 Latin America ...... 793.39 ...... 8/26 8/29 Latin America ...... 1,077.69 ...... 8/29 8/30 Latin America ...... 374.00 ...... (3) ...... 2,245.08 Hon. Dutch Ruppersberger ...... 8/23 8/25 Latin America ...... 793.39 ...... 8/26 8/29 Latin America ...... 1,077.69 ...... 8/29 8/30 Latin America ...... 374.00 ...... (3) ...... 2,245.08 Mike Delaney ...... 8/23 8/25 Latin America ...... 793.39 ...... 8/26 8/29 Latin America ...... 1,077.69 ...... 8/29 8/30 Latin America ...... 374.00 ...... (3) ...... 2,245.08 Iram Ali ...... 8/23 8/25 Latin America ...... 93.00 ......

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7611 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

8/26 8/29 Latin America ...... 355.00 ...... 8/29 8/30 Latin America ...... 374.00 ...... (3) ...... 2,245.08 Courtney Littig ...... 8/23 8/25 Latin America ...... 93.00 ...... 8/26 8/29 Latin America ...... 355.00 ...... 8/29 8/30 Latin America ...... 374.00 ...... (3) ...... 2,245.08 Stephanie Leaman ...... 8/23 8/25 Latin America ...... 793.39 ...... 8/26 8/29 Latin America ...... 1,077.69 ...... 8/29 8/30 Latin America ...... 374.00 ...... (3) ...... 2,245.08 Ashley Lowry ...... 8/23 8/25 Latin America ...... 793.39 ...... 8/26 8/29 Latin America ...... 1,077.69 ...... 8/29 8/30 Latin America ...... 374.00 ...... (3) ...... 2,245.08 Stacey Dixon ...... 8/23 8/25 Eueope ...... 534.90 ...... 8/26 8/27 Europe ...... 374.00 ...... 8/28 8/30 Europe ...... 202.00 ...... Commercial aircraft ...... 3,387.50 ...... 4,498.40 Carly Scott ...... 8/23 8/25 Europe ...... 534.90 ...... 8/26 8/27 Europe ...... 374.00 ...... 8/28 8/30 Europe ...... 202.00 ...... Commercial aircraft ...... 3,387.50 ...... 4,498.40 Catherine McElory ...... 8 /23 8 /25 Europe ...... 534.90 ...... 8/26 8/27 Europe ...... 374.00 ...... 8/28 8/30 Europe ...... 202.00 ...... Commercial aircraft ...... 3,387.50 ...... 4,498.40 Hon. Peter Hoekstra ...... 8 /27 8 /28 Asia ...... 470.00 ...... 8/28 8/29 S.E. Asia ...... 156.52 ...... 8/29 8/30 S.E. Asia ...... 233.00 ...... 8/30 8/31 S.E. Asia ...... 183.00 ...... 8/31 9/01 S.E. Asia ...... 662.25 ...... 9 /2 9 /3 S.E. Asia ...... 367.00 ...... Commercial aircraft ...... 11,547.20 ...... 13,618.97 James Lewis ...... 8/27 8/28 Asia ...... 470.00 ...... 8/28 8/29 S.E. Asia ...... 156.52 ...... 8/29 8/30 S.E. Asia ...... 233.00 ...... 8/30 8/31 S.E. Asia ...... 183.00 ...... 8/31 9/01 S.E. Asia ...... 662.25 ...... 9 /2 9 /3 S.E. Asia ...... 367.00 ...... Commercial aircraft ...... 8,123.70 ...... 10,195.47 Sarah Geffroy ...... 8/26 8/28 Asia ...... 470.00 ...... 8/28 8/29 S.E. Asia ...... 156.52 ...... 8/29 8/30 S.E. Asia ...... 233.00 ...... 8/30 8/31 S.E. Asia ...... 183.00 ...... 8/31 9/2 S.E. Asia ...... 622.25 ...... 9 /2 9 /3 S.E. Asia ...... 367.00 ...... Commercial aircraft ...... 8,757.50 ...... 10,789.27 Hon. Jeff Miller ...... 8 /30 9 /05 S.E. Asia ...... 1,185.00 ...... Commercial aircraft ...... 7,551.50 ...... 8,736.50 George Pappas ...... 8/30 9/05 S.E. Asia ...... 1,185.00 ...... Commercial aircraft ...... 14,575.90 ...... 15,760.90 Jay Hulings ...... 8/30 9/05 S.E. Asia ...... 1,185.00 ...... Commercial aircraft ...... 15,877.90 ...... 17,062.90 Hon. Jeff Miller ...... 8 /30 9 /05 S.E. Asia ...... 1,185.00 ...... Commercial aircraft ...... 7,551.50 ...... 8,736.50 George Pappas ...... 8/30 9/05 S.E. Asia ...... 1,185.00 ...... Commercial aircraft ...... 14,575.90 ...... 15,760.90 Jay Hulings ...... 8/30 9/05 S.E. Asia ...... 1,185.00 ...... Commercial aircraft ...... 15,877.90 ...... 17,062.90 Mac Thornberry ...... 9/01 9/03 Europe ...... 367.00 ...... 9/03 9/04 Africa ...... 346.86 ...... 9/04 9/06 Africa ...... 392.65 ...... Commercial aircraft ...... 5,856.20 ...... 6,962.71 Chris Donesa ...... 9/01 9/03 Europe ...... 367.00 ...... 9/03 9/04 Africa ...... 346.86 ...... 9/04 9/06 Africa ...... 392.65 ...... Commercial aircraft ...... 5,856.20 ...... 6,962.71 Stacey Dixon ...... 9/01 9/03 Europe ...... 367.00 ...... 9/03 9/04 Africa ...... 346.86 ...... 9/04 9/06 Africa ...... 392.65 ...... Commercial aircraft ...... 5,926.90 ...... 7,033.41 Hon. Rush Holt ...... 9/05 9/06 Middle East ...... 292.00 ...... Commercial aircraft ...... 6,307.00 ...... 6,599.00 Mark Young ...... 9/05 9/06 Middle East ...... 292.00 ...... Commercial aircraft ...... 6,307.00 ...... 6,599.00 Fred Fleitz ...... 9/05 9/06 Middle East ...... 292.00 ...... Commercial aircraft ...... 6,307.00 ...... 6,599.00 Hon. Peter Hoekstra ...... 9 /9 9/10 Europe ...... 416.00 ...... 9/10 9/11 Europe ...... 617.71 ...... 9/11 9/12 Europe ...... 234.00 ...... 9/12 9/13 Europe ...... 300.50 ...... 9/13 9/14 Europe ...... 243.31 ...... Commercial aircraft ...... 3,167.80 ...... 4,979.32 James Lewis ...... 9/9 9/10 Europe ...... 416.00 ...... 9/10 9/11 Europe ...... 617.71 ...... 9/11 9/12 Europe ...... 234.00 ...... 9/12 9/13 Europe ...... 300.50 ...... 9/13 9/14 Europe ...... 243.31 ...... Commercial aircraft ...... 2,686.60 ...... 4,498.12 Chelsey Campbell ...... 9/9 9 /10 Europe ...... 416.00 ...... 9/10 9/11 Europe ...... 617.71 ...... 9/11 9/12 Europe ...... 234.00 ...... 9/12 9/13 Europe ...... 300.50 ...... 9/13 9/14 Eurpoe ...... 243.31 ...... Commercial aircraft ...... 2,686.60 ...... 4,498.12 In accordance with title 22, United States Code, Section 1754(b)(2), information as would identify the foreign countries in which the Committee Members and staff have traveled is omitted. Committee total ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. SILVESTRE REYES, Chairman, Nov. 1, 2010.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 8634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7612 CONGRESSIONAL RECORD — HOUSE November 18, 2010 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Alex Johnson ...... 7/27 7/30 Austria ...... 948.00 ...... 1,100.20 ...... 2,048.20 Committee total ...... 948.00 ...... 1,100.20 ...... 2,048.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. ALCEE L. HASTINGS, Oct. 19, 2010. 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 H.R. 6419, the Emergency Unemployment Compensation Continuation Act, as amended, for printing in the CONGRESSIONAL RECORD.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 6419, EMERGENCY UNEMPLOYMENT COMPENSATION CONTINUATION ACT AS AMENDED

2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE IN THE DEFICIT Total Changes ...... 12,115 69 90 92 68 37 26 4 0 0 12,435 12,502 Less:

Designated as Emergency Requirement a ...... 12,115 69 90 92 68 37 26 4 0 0 12,435 12,502 Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 Memorandum: Components of the Emergency Designation:b Change in Outlays ...... 12,115 0 0 0 0 0 0 0 0 0 12,115 12,115 Changes in Revenues ...... 0 ¥69 ¥90 ¥92 ¥68 ¥37 ¥26 ¥4 0 0 ¥320 ¥387

a Section 5 of H.R. 6419 would designate the act as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010. b For outlays, a positive number indicates an increase in the deficit. For revenues, a negative number indicates an increase in the deficit. Notes: Components may not sum to totals because of rounding. H.R. 6419 would extend Emergency Unemployment Compensation and full federal funding of extended benefits through February 28, 2011. The bill also would allow states to calculate the extended benefits triggers using a three-year look-back for the period of the extension. Source: Congressional Budget Office. h

EXECUTIVE COMMUNICATIONS, (RIN: 0750-AG88) received November 5, 2010, 14, 2010, pursuant to 50 U.S.C. 1622(d); (H. ETC. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Doc. No. 111–153); to the Committee on For- mittee on Armed Services. eign Affairs and ordered to be printed. Under clause 2 of rule XIV, executive 10395. A letter from the Director, Defense 10401. A letter from the Assistant Sec- communications were taken from the Procurement and Acquisition Policy, De- retary, Legislative Affairs, Department of Speaker’s table and referred as follows: partment of Defense, transmitting the De- State, transmitting the report on compli- 10390. A letter from the Director, Regu- partment’s final rule — Defense Federal Ac- ance with the Treaty on Conventional Armed latory Management Division, Environmental quisition Regulation Supplement; Trade Forces in Europe; to the Committee on For- Protection Agency, transmitting the Agen- Agreements-New Thresholds (DFARS 2009- eign Affairs. 10402. A letter from the District of Colum- cy’s final rule — Flubendiamide; Pesticide D040) (RIN: 0750-AG59) received October 25, bia Auditor, Office of the District of Colum- Tolerances; Technical Correction [EPA-HQ- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the bia Auditor, transmitting a copy of the re- OPP-2007-0099; FRL-8849-2] received Novem- Committee on Armed Services. 10396. A letter from the Assistant Sec- port entitled, ‘‘Audit of Advisory Neighbor- ber 5, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); retary, Legislative Affairs, Department of hood Commission 6B for Fiscal Years 2008 to the Committee on Agriculture. State, transmitting the 48th report required Through 2010, as of March 31, 2010’’, pursuant 10391. A letter from the Director, Regu- by the FY 2000 Emergency Supplemental to D.C. Code section 47-117(d); to the Com- latory Management Division, Environmental Act; to the Committee on Armed Services. mittee on Oversight and Government Re- Protection Agency, transmitting the Agen- 10397. A letter from the Vice President of form. cy’s final rule — Flumioxazin; Pesticide Tol- the United States, transmitting November 10403. A letter from the District of Colum- erances [EPA-HQ-OPP-2008-0781; FRL-8850-3] 2010 Update to the National Defense Author- bia Auditor, Office of the District of Colum- received Novmeber 5, 2010, pursuant to 5 ization Act of FY 2010; to the Committee on bia Auditor, transmitting copy of the report U.S.C. 801(a)(1)(A); to the Committee on Ag- Armed Services. entitled ‘‘Audit of Advisory Neighborhood riculture. 10398. A letter from the General Counsel, Commission 6D for Fiscal Years 2008 10392. A letter from the Under Secretary, Federal Housing Finance Agency, transmit- Through 2010, as of March 31, 2010’’, pursuant Department of Defense, transmitting a letter ting the Agency’s final rule — Equal Access to D.C. Code section 47-117(d); to the Com- on the approved retirement Captain Philip to Justice Act Implementation (RIN: 2590- mittee on Oversight and Government Re- G. Howe, United States Navy, and his ad- AA29) received November 1, 2010, pursuant to form. vancement to the grade of rear admiral on 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- 10404. A letter from the District of Colum- the retired list; to the Committee on Armed nancial Services. bia Auditor, Office of the District of Colum- Services. 10399. A letter from the Director, Regu- bia Auditor, transmitting copy of the report 10393. A letter from the Under Secretary, latory Management Division, Environmental entitled ‘‘Audit of Advisory Neighborhood Department of Defense, transmitting the De- Protection Agency, transmitting the Agen- Commission 6A for Fiscal Years 2008 partment’s quarterly report entitled, ‘‘Ac- cy’s final rule — Revisions to the California Through 2010, as of March 31, 2010’’, pursuant ceptance of contributions for defense pro- State Implementation Plan, Imperial County to D.C. Code section 47-117(d); to the Com- grams, projects, and activities; Defense Co- Air Pollution Control District [EPA-R09- mittee on Oversight and Government Re- operation Account’’, for the period ending OAR-2008-0740; FRL-9221-6] received Novem- form. September 30, 2010; to the Committee on ber 5, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 10405. A letter from the District of Colum- Armed Services. to the Committee on Energy and Commerce. bia Auditor, Office of the District of Colum- 10394. A letter from the Director, Defense 10400. A communication from the President bia Auditor, transmitting copy of the report Procurement and Acquisition Policy, De- of the United States, transmitting notifica- entitled ‘‘District of Columbia Agencies’ partment of Defense, transmitting the De- tion that the national emergency declared Compliance with Small Business Enterprise partment’s final rule — Defense Federal Ac- with respect to the proliferation of weapons Expenditure Goals for the 1st and 2nd Quar- quisition Regulation Supplement; Prohibi- of mass destruction declared by Executive ter of Fiscal Year 2010’’, pursuant to D.C. tion on Interrogation of Detainees by Con- Order 12938 on November 14, 1994, as amend- Code section 47-117(d); to the Committee on tractor Personnel (DFARS Case 2010-D027) ed, is to continue in effect beyond November Oversight and Government Reform.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.006 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7613 10406. A letter from the Director, Office of uary 1, 2011 [CMS-8042-N] (RIN: 0938-AP81) re- TIME LIMITATION OF REFERRED Personnel Management, transmitting the Of- ceived November 5, 2010, pursuant to 5 U.S.C. BILL fice’s ‘‘Major’’ final rule — Federal Employ- 801(a)(1)(A); jointly to the Committees on ees’ Group Life Insurance Program: Miscella- Ways and Means and Energy and Commerce. Pursuant to clause 2 of rule XII the neous Changes, Clarifications, and Correc- 10416. A letter from the Program Manager, following action was taken by the tions (RIN: 3206-AG63) received November 3, Department of Health and Human Services, Speaker: 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s ‘‘Major’’ H.R. 5498. Referral to the Committee on Committee on Oversight and Government final rule — Medicare Program; Home Health Energy and Commerce extended for a period Reform. Prospective Payment System Rate Update ending not later than December 3, 2010. 10407. A letter from the Attorney-Advisor, for Calendar Year 2011; Changes in Certifi- f Department of Homeland Security, transmit- cation Requirements for Home Health Agen- ting the Department’s final rule — Draw- cies and Hospices [CMS-1510-F] (RIN: 0938- PUBLIC BILLS AND RESOLUTIONS bridge Operation Regulation; Pequonnock AP88) received November 2, 2010, pursuant to River, Bridgeport, CT [Docket No.: USCG- Under clause 2 of rule XII, public 5 U.S.C. 801(a)(1)(A); jointly to the Commit- bills and resolutions of the following 2010-0787] (RIN: 1625-AA09) received October tees on Ways and Means and Energy and 28, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Commerce. titles were introduced and severally re- the Committee on Transportation and Infra- 10417. A letter from the Program Manager, ferred, as follows: structure. By Mr. HOLT (for himself, Ms. LINDA 10408. A letter from the Attorney-Advisor, Department of Health and Human Services, T. SA´ NCHEZ of California, Mr. SIRES, Department of Homeland Security, transmit- transmitting the Department’s ‘‘Major’’ Mr. PASCRELL, Mr. ANDREWS, Mr. ting the Department’s final rule — Safety final rule — Medicare Program; Payment PALLONE, and Mr. ROTHMAN of New Zones; Swim Events within the Sector New Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2011 Jersey): York Captain of the Port Zone [Docket No.: H.R. 6425. A bill to prevent harassment at USCG-2010-0502] (RIN: 1625-AA00) received [CMS-1503-FC] (RIN: 0938-AP79) received No- vember 2, 2010, pursuant to 5 U.S.C. institutions of higher education, and for October 28, 2010, pursuant to 5 U.S.C. other purposes; to the Committee on Edu- 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); jointly to the Committees on Ways and Means and Energy and Commerce. cation and Labor. tation and Infrastructure. By Mr. KIND: 10409. A letter from the Attorney-Advisor, 10418. A letter from the Program Manager, H.R. 6426. A bill to authorize the Secretary Department of Homeland Security, transmit- Department of Health and Human Services, of the Interior to carry out programs and ac- ting the Department’s final rule — Safety transmitting the Department’s ‘‘Major’’ tivities for connecting children and families Zone; Raccoon Creek, Bridgeport, NJ [Dock- final rule — Medicare Program: Hospital with the outdoors; to the Committee on Nat- et No.: USCG-2010-0743] (RIN: 1625-AA00) re- Outpatient Prospective Payment System and ural Resources, and in addition to the Com- ceived October 28, 2010, pursuant to 5 U.S.C. CY 2011 Payment Rates; Ambulatory Sur- mittee on Energy and Commerce, for a pe- 801(a)(1)(A); to the Committee on Transpor- gical Center Payment System and CY 2011 riod to be subsequently determined by the tation and Infrastructure. Payment Rates; Payments to Hospitals for 10410. A letter from the Attorney-Advisor, Graduate Medical Education Costs; Physi- Speaker, in each case for consideration of Department of Homeland Security, transmit- cian Self-Referral Rules and Related such provisions as fall within the jurisdic- ting the Department’s final rule — Safety Changes to Provider Agreement Regulations; tion of the committee concerned. Zone; Ohio River, Wheeling, WV, Wheeling Payment for Certified Registered Nurse An- By Mr. DINGELL (for himself, Mr. Heritage Port Sternwheel Foundation fire- esthetist Services Furnished in Rural Hos- WAXMAN, Mr. LEVIN, Mr. STARK, and works display [Docket No.: USCG-2010-0723] pitals and Critical Access Hospitals [CMS- Mr. PALLONE): (RIN: 1625-AA00) received October 28, 2010, 1504-FC and CMS-1498-IFC2] (RIN: 0938-AP82 H.R. 6427. A bill to amend title XVIII of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and RIN: 0938-AP80) received November 2, Social Security Act to provide for an update mittee on Transportation and Infrastruc- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); jointly under the Medicare physician fee schedule ture. to the Committees on Ways and Means and through 2011; to the Committee on Energy 10411. A letter from the Attorney-Advisor, Energy and Commerce. and Commerce, and in addition to the Com- Department of Homeland Security, transmit- mittees on Ways and Means, and the Budget, ting the Department’s final rule — Safety for a period to be subsequently determined f Zone; Ocean City Beachfront Air Show, by the Speaker, in each case for consider- Ocean City, NJ [Docket No.: USCG-2010-0817] ation of such provisions as fall within the ju- (RIN: 1625-AA00) received October 28, 2010, REPORTS OF COMMITTEES ON risdiction of the committee concerned. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS By Ms. SPEIER: mittee on Transportation and Infrastruc- H.R. 6428. A bill to exclude from gross in- ture. Under clause 2 of rule XIII, reports of come compensation provided by Pacific Gas 10412. A letter from the Program Manager, committees were delivered to the Clerk and Electric Company for victims of the nat- Department of Health and Human Services, for printing and reference to the proper ural gas transmission line explosion occur- transmitting the Department’s final rule — calendar, as follows: ring in San Bruno, California, and to treat as Medicare Program; Part A Premiums for CY nontaxable any gain from the involuntary 2011 for the Uninsured Aged and for Certain Mr. GORDON of Tennessee: Committee on conversion of their property as the result of Disabled Individuals Who Have Exhausted Science and Technology. H.R. 5866. A bill to such explosion, without regard to the rules Other Entitlement [CMS-8041-N] (RIN: 0938- amend the Energy Policy Act of 2005 requir- requiring conversion to property of a similar AP85) received November 5, 2010, pursuant to ing the Secretary of Energy to carry out ini- use; to the Committee on Ways and Means. 5 U.S.C. 801(a)(1)(A); to the Committee on tiatives to advance innovation in nuclear en- By Mr. HOEKSTRA: Ways and Means. ergy technologies, to make nuclear energy H.R. 6429. A bill to extend expiring provi- 10413. A letter from the Acting Deputy As- systems more competitive, to increase effi- sions of the USA PATRIOT Improvement sistant Administrator, Bureau for Legisla- ciency and safety of civilian nuclear power, and Reauthorization Act of 2005 and Intel- tive and Public Affairs, Agency for Inter- and for other purposes; with an amendment ligence Reform and Terrorism Prevention national Development, transmitting the (Rept. 111–658). Referred to the Committee of Act of 2004 until February 29, 2012; to the Agency’s fourth fiscal year 2010 quarterly re- the Whole House on the State of the Union. Committee on the Judiciary, and in addition port on unobligated and unexpended appro- Mr. THOMPSON of Mississippi: Committee to the Committee on Intelligence (Perma- priated funds; jointly to the Committees on on Homeland Security. H.R. 5498. A bill to nent Select), for a period to be subsequently Appropriations and Foreign Affairs. enhance homeland security by improving ef- determined by the Speaker, in each case for 10414. A letter from the Program Manager, forts to prevent, deter, prepare for, detect, consideration of such provisions as fall with- Department of Health and Human Services, attribute, respond to, and recover from an in the jurisdiction of the committee con- transmitting the Department’s ‘‘Major’’ attack with a weapon of mass destruction, cerned. final rule — Medicare Program; Inpatient and for other purposes; with an amendment By Mr. MINNICK: Hospital Deductible and Hospital and Ex- (Rept. 111–659, Pt. 1). Ordered to be printed. H.R. 6430. A bill to amend title 38, United tended Care Services Coinsurance Amounts States Code, to improve educational assist- for CY 2011 [CMS-8040-N] (RIN: 0938-AP86) re- DISCHARGE OF COMMITTEE ance for veterans who served in the Armed ceived Novmeber 5, 2010, pursuant to 5 U.S.C. Pursuant to clause 2 of rule XIII, the Forces after September 11, 2001, and for other 801(a)(1)(A); jointly to the Committees on Committees on Agriculture, Transpor- purposes; to the Committee on Veterans’ Af- Ways and Means and Energy and Commerce. tation and Infrastructure, Foreign Af- fairs. 10415. A letter from the Program Manager, fairs, and Intelligence (Permanent Se- By Mr. MCDERMOTT: Department of Health and Human Services, H.R. 6431. A bill to amend title 11 of the transmitting the Department’s ‘‘Major’’ lect) discharged from further consider- United States Code to modify the application final rule — Medicare Program; Medicare ation. H.R 5498 referred to the Com- of chapter 13 with respect to principal resi- Part B Monthly Actuarial Rates, Premium mittee of the Whole House on the State dences that are the subject of foreclosure; to Rate, and Annual Deductible Beginning Jan- of the Union. the Committee on the Judiciary.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\L18NO7.000 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE H7614 CONGRESSIONAL RECORD — HOUSE November 18, 2010 By Mr. CAO: ligious opinions or religious beliefs, and for religious communities in Iraq, in particular H.R. 6432. A bill to promote freedom and other purposes; to the Committee on the Ju- the attack against Our Lady of Salvation democracy in Vietnam; to the Committee on diciary. Church in Baghdad on October 31, 2010, and Foreign Affairs. By Mr. LEWIS of Georgia: for other purposes; to the Committee on For- By Mr. CAO (for himself, Ms. ROS- H.R. 6441. A bill to improve the safety of eign Affairs, and in addition to the Com- LEHTINEN, Mr. SMITH of New Jersey, motorcoaches, and for other purposes; to the mittee on the Judiciary, for a period to be Mr. ROYCE, Mr. WOLF, and Ms. LORET- Committee on Transportation and Infra- subsequently determined by the Speaker, in TA SANCHEZ of California): structure, and in addition to the Committee each case for consideration of such provi- H.R. 6433. A bill to impose sanctions on in- on Energy and Commerce, for a period to be sions as fall within the jurisdiction of the dividuals who are complicit in human rights subsequently determined by the Speaker, in committee concerned. abuses committed against nationals of Viet- each case for consideration of such provi- By Mr. BUYER (for himself and Mr. nam or their family members, and for other sions as fall within the jurisdiction of the MILLER of Florida): purposes; to the Committee on Foreign Af- committee concerned. H. Res. 1726. A resolution honoring the fairs, and in addition to the Committees on By Ms. PINGREE of Maine: service and accomplishments of Kingston the Judiciary, Ways and Means, and Finan- H.R. 6442. A bill to amend title II of the So- Smith, Republican Staff Director and Chief cial Services, for a period to be subsequently cial Security Act to prevent low-income pub- Counsel for the House Committee on Vet- determined by the Speaker, in each case for lic servants from falling into poverty by erans’ Affairs; to the Committee on House consideration of such provisions as fall with- modifying the Government Pension Offset to Administration. in the jurisdiction of the committee con- protect their Social Security widows and By Mr. SMITH of Texas: cerned. spousal benefits; to the Committee on Ways H. Res. 1727. A resolution recognizing Ro- By Ms. CASTOR of Florida: and Means. tary International for 105 years of service to H.R. 6434. A bill to establish programs to By Mr. ROHRABACHER (for himself, the world and commending members on their aid in the economic, environmental, and Mr. OWENS, and Mr. LEE of New dedication to the mission and principles of public health recovery of the Gulf States York): from the damage and harm caused by the H.R. 6443. A bill to provide for the design, their organization; to the Committee on blowout of the mobile offshore drilling unit production, and presentation of a Gold Medal Oversight and Government Reform. Deepwater Horizon and the resulting deg- of Remembrance to the children of members By Mr. BARTLETT (for himself, Mr. radation of the Gulf over time, and for other of the Armed Forces who die while serving HOYER, Ms. EDWARDS of Maryland, purposes; to the Committee on Natural Re- on active duty in support of Operation En- Mr. KRATOVIL, Mr. RUPPERSBERGER, sources, and in addition to the Committees during Freedom, Operation Iraqi Freedom, or Mr. SARBANES, Mr. CUMMINGS, and on Transportation and Infrastructure, En- Operation New Dawn, and for other purposes; Mr. VAN HOLLEN): ergy and Commerce, and Science and Tech- to the Committee on Armed Services, and in H. Res. 1728. A resolution expressing the nology, for a period to be subsequently deter- addition to the Committee on Financial sense of the House of Representatives regard- mined by the Speaker, in each case for con- Services, for a period to be subsequently de- ing the recognition, protection, promotion, sideration of such provisions as fall within termined by the Speaker, in each case for and facilitation of the annual JFK 50 Mile; the jurisdiction of the committee concerned. consideration of such provisions as fall with- to the Committee on Natural Resources. By Ms. CHU (for herself and Ms. LEE of in the jurisdiction of the committee con- By Mr. BILIRAKIS: California): cerned. H. Res. 1729. A resolution expressing the H.R. 6435. A bill to direct the Secretary of By Mr. ROHRABACHER: sense of the House of Representatives that Education to carry out grant programs to H.R. 6444. A bill to amend title I of the Pa- the United Nations should forthwith take provide low-income students with access to tient Protection and Affordable Care Act to the procedural actions necessary to amend high-quality early education programs that provide for appropriate procedures under Article 23 of the Charter of the United Na- promote school readiness, address the such title for verification of citizenship sta- tions to establish India as a permanent mem- achievement gap for English-language learn- tus; to the Committee on Energy and Com- ber of the United Nations Security Council; ers, and encourage bilingualism; to the Com- merce, and in addition to the Committee on to the Committee on Foreign Affairs. mittee on Education and Labor. Ways and Means, for a period to be subse- By Mr. KINGSTON (for himself, Mr. By Mr. CONYERS (for himself and Mr. quently determined by the Speaker, in each BROUN of Georgia, Mr. LINDER, Mr. FILNER): case for consideration of such provisions as JOHNSON of Georgia, Mr. SHIMKUS, H.R. 6436. A bill to amend the National fall within the jurisdiction of the committee Mr. CONAWAY, Mr. HARPER, Mr. BAR- Labor Relations Act to clarify the intent of concerned. TON of Texas, Mr. MCMAHON, Mr. Congress for Federal labor law preemption of By Mr. SPRATT: HOLDEN, and Mr. THOMPSON of Penn- State and local law, and for other purposes; H.R. 6445. A bill to establish the Carolinas sylvania): to the Committee on Education and Labor. Revolutionary Road National Heritage Area H. Res. 1730. A resolution commending By Mr. ENGEL (for himself and Mrs. in the States of North Carolina and South Bobby Thomson; to the Committee on Over- MYRICK): Carolina, and for other purposes; to the Com- sight and Government Reform. H.R. 6437. A bill to amend title XIX of the mittee on Natural Resources. By Mr. POE of Texas (for himself, Ms. Social Security Act to improve the quality, By Mr. STUPAK: BERKLEY, Mr. WEINER, and Ms. ROS- health outcomes, and value of maternity H.R. 6446. A bill to authorize the transfer LEHTINEN): care under the Medicaid and CHIP programs of a naval vessel to the Mackinac Island H. Res. 1731. A resolution reaffirming Con- by developing a maternity care quality State Park Commission of the State of gressional opposition to the declaration of a measurement program, identifying payment Michigan; to the Committee on Armed Serv- Palestinian state, and for other purposes; to mechanism improvements, and identifying ices. the Committee on Foreign Affairs. essential evidence-based maternity care By Mr. THOMPSON of Mississippi: By Mr. SIMPSON (for himself, Mr. SEN- services; to the Committee on Energy and H.R. 6447. A bill to eliminate the pref- SENBRENNER, Mr. WAMP, Mr. Commerce. erences and special rules for Alaska Native HASTINGS of Washington, Mr. By Mr. GRIFFITH: Corporations under the program under sec- REHBERG, Mr. LEWIS of California, H.R. 6438. A bill to provide for the adjust- tion 8(a) of the Small Business Act; to the Mr. FRELINGHUYSEN, Mr. HALL of ment of status for certain long-term condi- Committee on Small Business, and in addi- Texas, Mr. CALVERT, Mr. ALEXANDER, tional residents; to the Committee on the tion to the Committee on Natural Resources, Mr. RYAN of Wisconsin, Mr. BARRETT Judiciary. for a period to be subsequently determined of South Carolina, Mr. WHITFIELD, By Mr. HASTINGS of Florida: by the Speaker, in each case for consider- and Mr. BARTON of Texas): H.R. 6439. A bill to amend the Internal Rev- ation of such provisions as fall within the ju- enue Code of 1986 to require certain deter- risdiction of the committee concerned. H. Res. 1732. A resolution condemning the minations before the filing of all notices of By Mr. WEINER (for himself, Ms. unilateral decision of the Chairman of the Federal tax liens and supervisory approval BERKLEY, and Mr. CARNEY): Nuclear Regulatory Commission to begin the before the filing of certain notices of Federal H.J. Res. 99. A joint resolution dis- closure of the Yucca Mountain license appli- tax liens, and for other purposes; to the Com- approving the issuance of a letter of offer cation review and calling on the Nuclear mittee on Ways and Means, and in addition with respect to a certain proposed sale of de- Regulatory Commission to resume license to the Committee on Financial Services, for fense articles and defense services to the application review activities immediately a period to be subsequently determined by Kingdom of Saudi Arabia; to the Committee pending further direction from Congress; to the Speaker, in each case for consideration on Foreign Affairs. the Committee on Energy and Commerce. of such provisions as fall within the jurisdic- By Mr. SMITH of New Jersey (for him- By Mr. SNYDER: tion of the committee concerned. self, Mr. WOLF, Ms. ESHOO, Mr. KIRK, H. Res. 1733. A resolution recognizing Mark By Mr. HOEKSTRA: Mr. PETERS, Mr. FRANKS of Arizona, Twain as one of America’s most famous lit- H.R. 6440. A bill to amend the Fair Housing and Mr. PITTS): erary icons on the 175th anniversary of his Act to provide an exemption for any person H. Res. 1725. A resolution condemning and birth and the 100th anniversary of his death; seeking to enter into a shared living ar- deploring the murderous attacks, bombings, to the Committee on Oversight and Govern- rangement with a person sharing similar re- kidnappings, and threats against vulnerable ment Reform.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\L18NO7.100 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE November 18, 2010 CONGRESSIONAL RECORD — HOUSE H7615 ADDITIONAL SPONSORS H.R. 5926: Mr. FRANK of Massachusetts, Ms. H.J. Res. 77: Mr. GRAVES of Georgia. WOOLSEY, and Mrs. MALONEY. Under clause 7 of rule XII, sponsors H.J. Res. 95: Mrs. LUMMIS. H.R. 5983: Mr. LEWIS of Georgia, Ms. MOORE H.J. Res. 96: Mr. MANZULLO, Mr. MCCOTTER, were added to public bills and resolu- of Wisconsin, Mrs. MCCARTHY of New York, Mr. BARTLETT, Mr. MORAN of Kansas, Mr. tions as follows: Mr. MEEKS of New York, Ms. WOOLSEY, Mr. GOODLATTE, and Mr. SMITH of Texas. H.R. 988: Mr. DOYLE. FILNER, Mr. REYES, Mr. CARTER, Mr. H. Con. Res. 110: Mrs. MALONEY. H.R. 1077: Mr. PITTS. CONNOLLY of Virginia, Mr. TURNER, Mr. H. Con. Res. 267: Mr. GUTIERREZ, Ms. WA- H.R. 1079: Ms. NORTON and Mr. KIND. GARAMENDI, and Mr. CRITZ. TERS, and Mr. SMITH of New Jersey. H. R. 6021: Mr. PASTOR of Arizona. H.R. 1408: Mrs. CHRISTENSEN. H. Con. Res. 291: Mr. SCOTT of Georgia. H.R. 1569: Mrs. CHRISTENSEN. H. R. 6032: Ms. HERSETH SANDLIN. H. Con. Res. 323: Mr. PIERLUISI, Mr. ENGEL, H.R. 1704: Mr. RYAN of Ohio. H. R. 6036: Mr. WU. Mr. GRIJALVA, Mr. JOHNSON of Georgia, Ms. H.R. 1835: Mrs. CAPITO. H. R. 6087: Mr. NEUGEBAUER and Mr. THORN- LINDA T. SA´ NCHEZ of California, Mr. WILSON H.R. 2030: Mr. SIRES. BERRY. of South Carolina, and Ms. EDDIE BERNICE H.R. 2066: Mr. HARE. H. R. 6104: Mr. GARRETT of New Jersey. JOHNSON of Texas. H.R. 2458: Mr. GOODLATTE. H. R. 6144: Mr. SENSENBRENNER. H. R. 6147: Mr. KUCINICH, Ms. CHU, and Mr. H. Res. 1476: Ms. TSONGAS. H.R. 3025: Mr. ENGEL. MOORE of Kansas. H. Res. 1523: Mr. ROSKAM. H.R. 3447: Mr. GEORGE MILLER of Cali- fornia. H. R. 6192: Mr. MCGOVERN. H. Res. 1531: Mr. MCINTYRE, Mr. OWENS, Mr. H. R. 6193: Mr. MCGOVERN. WU, Mr. LARSEN of Washington, Mr. H.R. 3464: Mr. MCCARTHY of California. H. R. 6227: Mr. MANZULLO. DEFAZIO, Mr. SMITH of Washington, Mr. H.R. 3554: Mr. LANGEVIN. H. R. 6240: Mr. SCALISE. BRALEY of Iowa, Mr. MINNICK, Mr. H.R. 3652: Mr. BARRETT of South Carolina, H. R. 6273: Mr. ETHERIDGE, Mr. PUTNAM, BLUMENAUER, Mr. KIND, and Mr. ROGERS of Mr. ENGEL, and Mr. ISRAEL. and Mr. FRANK of Massachusetts. Alabama. H.R. 4199: Ms. HERSETH SANDLIN. H. R. 6299: Mr. FILNER. H. Res. 1534: Mrs. MILLER of Michigan and H.R. 4446: Mr. BISHOP of Georgia. H. R. 6308: Mr. VAN HOLLEN. Mr. DENT. H.R. 4476: Mrs. BLACKBURN. C OVERN H. R. 6355: Mr. M G . H. Res. 1594: Mr. ETHERIDGE, Mr. MILLER of H.R. 4689: Mr. MURPHY of New York, Mr. H. R. 6403: Mr. LATHAM, Mr. MCCLINTOCK, Florida, and Mr. WILSON of South Carolina. PITTS, Mr. DENT, and Mr. KING of New York. Mr. CHAFFETZ, Mr. THOMPSON of Pennsyl- H. Res. 1687: Mr. LANCE, Mr. MACK, Mr. H.R. 4690: Mr. WEINER, Mr. CONNOLLY of vania, Mrs. EMERSON, Mrs. MYRICK, Mr. CALVERT, Mr. CASTLE, Mrs. BLACKBURN, Mr. Virginia, Mr. AL GREEN of Texas, Mrs. SHIMKUS, Mr. FORTENBERRY, Mr. HELLER, Mr. MANZULLO, Mr. KING of New York, Mr. LOWEY, and Ms. PINGREE of Maine. GARY G. MILLER of California, Mr. CARTER, MORAN of Virginia, Mr. SPACE, Mr. AKIN, Mr. H.R. 4757: Ms. SPEIER. and Mr. ROE of Tennessee. YOUNG of Florida, Ms. JENKINS, and Ms. H.R. 4844: Mr. GEORGE MILLER of Cali- H. R. 6406: Mr. PRICE of Georgia. BORDALLO. fornia. H. R. 6407: Mr. CAO and Mr. YOUNG of Alas- H.R. 4959: Mr. FILNER. ka. H. Res. 1696: Ms. MCCOLLUM. H.R. 5028: Mr. BACA, Ms. PINGREE of Maine, H.R. 6408: Mr. JORDAN of Ohio. H. Res. 1703: Mr. MCINTYRE, Mr. BOREN, Mr. and Mr. STARK. H.R. 6415: Mr. CAMPBELL. SABLAN, Ms. BORDALLO, Mr. SNYDER, Mr. H.R. 5078: Ms. ROYBAL-ALLARD. H.R. 6416: Mr. JONES and Mr. DUNCAN. BRALEY of Iowa, Mrs. CHRISTENSEN, and Mr. H.R. 5141: Mr. STEARNS. H.R. 6417: Mr. LATTA. FALEOMAVAEGA. H.R. 5184: Mr. FRANK of Massachusetts. H.R. 6419: Mr. RAHALL, Mrs. MALONEY, Mr. H. Res. 1705: Mr. MURPHY of Connecticut. H.R. 5233: Mr. SABLAN. LEWIS of Georgia, Mr. SERRANO, Ms. LINDA T. H. Res. 1724: Mr. COURTNEY, Ms. PINGREE of H.R. 5234: Mr. MURPHY of Connecticut. SA´ NCHEZ of California, Mr. AL GREEN of Maine, Mr. GARAMENDI, Mr. SPRATT, Mr. H.R. 5295: Ms. EDDIE BERNICE JOHNSON of Texas, Mr. PIERLUISI, Ms. WASSERMAN SESTAK, Ms. FOXX, Mr. KLINE of Minnesota, Texas. SCHULTZ, Ms. SPEIER, Ms. KAPTUR, Ms. RICH- Ms. LORETTA SANCHEZ of California, Mr. H.R. 5447: Mr. OLVER and Mr. BOOZMAN. ARDSON, Mr. MORAN of Virginia, Ms. MCCOL- FORBES, Mr. BUYER, Mr. WALDEN, Mr. ROHR- H.R. 5587: Mr. OLSON. LUM, Mr. PRICE of North Carolina, and Ms. ABACHER, Mr. WOLF, Mr. PLATTS, Mr. MILLER H.R. 5743: Mr. ROTHMAN of New Jersey. SUTTON. of Florida, Mr. ANDREWS, Mr. MCKEON, Mr. H.R. 5789: Mr. LUETKEMEYER. H.J. Res. 23: Mr. KLINE of Minnesota. FRANKS of Arizona, and Mr. NYE.

VerDate Mar 15 2010 05:34 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A18NO7.029 H18NOPT1 pwalker on DSKD5P82C1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, THURSDAY, NOVEMBER 18, 2010 No. 151 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- MEASURES PLACED ON THE called to order by the Honorable BRAND, a Senator from the State of New CALENDAR—S. 3962, S. 3963 York, to perform the duties of the Chair. KIRSTEN E. GILLIBRAND, a Senator from Mr. REID. Madam President, I am the State of New York. DANIEL K. INOUYE, President pro tempore. told there are two bills at the desk that are due for a second reading. PRAYER Mrs. GILLIBRAND thereupon as- sumed the chair as Acting President The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- pro tempore. pore. The clerk will read the titles of fered the following prayer: the bills for the second time. Let us pray. f The assistant legislative clerk read O God, we are in Your hands and may as follows: we rejoice above all things in being so. RECOGNITION OF THE MAJORITY A bill (S. 3962) to authorize the cancella- Do with us what seems good in Your LEADER tion of removal and adjustment of status of sight. The ACTING PRESIDENT pro tem- certain alien students who are long-term Today show mercy to the Members of pore. The majority leader is recog- United States residents and who entered the this legislative body. Let Your sov- nized. United States as children and for other pur- ereign hand be over them and Your poses. f A bill (S. 3963) to authorize the cancella- holy spirit ever be with them, directing tion of removal and adjustment of status of their thoughts, words, and works. Lord, SCHEDULE certain alien students who are long-term prosper the works of their hands, ena- United States residents and who entered the bling them in due season to reap a Mr. REID. Madam President, fol- United States as children and for other pur- bountiful harvest. Strengthen their lowing any leader remarks, the Senate poses. hearts in Your ways against tempta- will turn to a period of morning busi- Mr. REID. Madam President, I object tion and make them more than con- ness for an hour. Senators during that to any further proceedings with respect querors in Your love. time will be permitted to speak for up to these bills. We pray in Your merciful Name. to 10 minutes each. Republicans will The ACTING PRESIDENT pro tem- Amen. control the first 30 minutes, the major- pore. Objection having been heard, the ity will control the final 30 minutes. bills will be placed on the calendar. f Following morning business, the Sen- f PLEDGE OF ALLEGIANCE ate will resume consideration of the motion to proceed to S. 510, the FDA FOOD SAFETY The Honorable KIRSTEN E. GILLI- Food Safety Modernization Act. Yes- Mr. REID. Madam President, we are BRAND led the Pledge of Allegiance, as terday cloture was invoked on the mo- follows: going to continue debate, as I an- tion to proceed. Today we will continue nounced, on the food safety legislation. I pledge allegiance to the Flag of the to work with Senators on reaching an United States of America, and to the Repub- No one in America should have to lic for which it stands, one nation under God, agreement to consider amendments so worry if their salad or sandwich is indivisible, with liberty and justice for all. we may complete action on the bill going to kill them. No one in the Sen- this week. ate should prey on that fear or play f We are going to complete action on with it like a political football. Yet APPOINTMENT OF ACTING the bill. We may have to—if we have to that is exactly what is happening. PRESIDENT PRO TEMPORE use up all of the time, waste all of the If you follow the Senate every day, time, these 30-hour provisions that are The PRESIDING OFFICER. The you might not be surprised to see our allowed under the Senate procedures, clerk will please read a communication Republican friends turn food safety we are going to have to be here during to the Senate from the President pro into a partisan political issue. But if the weekend. This is something we you are trying to keep yourself and tempore (Mr. INOUYE). need to get done. The assistant legislative clerk read your family healthy, you may be ap- Everyone should understand there is the following letter: palled, and rightfully so. nothing to be gained by stalling this. It You might also be troubled to learn U.S. SENATE, has been stalled for years, this piece of that our food safety system has not PRESIDENT PRO TEMPORE, Washington, DC, November 18, 2010. legislation. been updated in almost 100 years, in al- To the Senate: The Senate will recess from 12:30 most a century. Food processing, pro- Under the provisions of rule I, paragraph 3, until 3 p.m. today because we have an- duction, and marketing have surely ad- of the Standing Rules of the Senate, I hereby other Democratic caucus. vanced over the last hundred years, but

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

S8001

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VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8002 CONGRESSIONAL RECORD — SENATE November 18, 2010 our safety measures have not. New con- pitalized, and for a long time. Three grants to one man, the Administrator, taminants come up every day, but our others who got E. coli from fresh spin- perhaps we should call him the czar, of safety measures do not keep up. ach died. This little girl is a feisty lit- the Centers for Medicare and Medicaid That is because our FDA does not tle thing. But her growth has been Services, CMS. Rest assured, every have the authority or research it needs stunted. She will never be the size she health care provider in the country to keep up. This bill will fix that. It should be. knows what and who CMS is. will greatly improve this important There are lots of stories, none of The Administrator is Dr. Donald Ber- system, and it will keep regulatory them pleasant. But a woman named wick. One of the major problems with burdens on farmers and food producers Linda Rivera from Las Vegas ate some Dr. Berwick is his longstanding, well- to a minimum. It simply gives the FDA cookie dough. E. coli was in the cookie documented support for government the authority to recall contaminated dough. She was in a coma for a long rationing as a means of controlling foods to find out where these dangerous time. She is recovering but not really health care costs—not my words, his. foods come from and to stop them from well. Yesterday, the Senate Finance Com- getting into our grocery stores. Then a few days ago, the CDC alerted mittee finally had our very first chance It is a bipartisan bill. The HELP us to another E. coli outbreak. This to question Dr. Berwick. I say finally, Committee passed it unanimously. But was cheese. And 37 Americans so far because for months my colleagues and somewhere between the committee and had gotten sick from a brand of cheese I have requested this opportunity, a re- the Senate floor, making sure the food sold in the western part of the United quest which was denied when President we eat is not poisonous has somehow States, including two people in Nevada. Obama provided a recess appointment become a partisan issue. That should So why have we waited this long to for Dr. Berwick. So yesterday’s hearing be unacceptable to everyone. make our food safer? We are still play- was a hollow one of sorts, since Dr. Food poisoning kills as many as 5,000 ing these games, political games. The Berwick had already been installed at of us, we Americans, every year. answer is nothing more than very base CMS, or maybe parachuted in would be Foodborne illnesses sicken one in four politics. It is shameful. I hope we can the right way to describe it, in that he people every year. I do not how many end that today. The vast majority of has made many controversial com- people have been affected by food poi- the Senate wants to pass this bill. And ments about his love for the British soning. The Presiding Officer is from we should not have just a few people health care system and for rationing New York. My wife and I went to New standing in the way of doing something and other comments that certainly de- York a number of years ago with our that will help the health and safety of serve a hearing in regards to a con- son and his girlfriend. We were going to our country. firmation process. That did not happen. go to a play. We had dinner at a nice He was also installed pretty much f restaurant. We both had chicken, the after the debate that we had on health same dish. About 4 o’clock in the RESERVATION OF LEADER TIME care. Now, unfortunately, we were only morning, I asked my wife if she would The ACTING PRESIDENT pro tem- given 5 minutes each yesterday to get me a drink of water. She said: No, pore. Under the previous order, the question the most important man in I cannot; I am too sick. I was too sick leadership time is reserved. American health care as of today. This too. We were so sick that day. We got was 5 minutes, sandwiched in between out of the room we were staying in f lengthy remarks by the chairman, the sometime midmorning. And, frankly, MORNING BUSINESS witness, and the floor votes we had yes- my wife never, ever got over that com- terday. The ACTING PRESIDENT pro tem- pletely. She had an illness to begin I was not able to question Dr. Ber- pore. Under the previous order, there with called ulcerative colitis. This ex- wick on many things. I asked unani- will now be a period of morning busi- acerbated her symptoms so badly that mous consent of the chairman if I ness for 1 hour, with Senators per- ultimately she was hospitalized for could submit questions for the RECORD. mitted to speak therein for up to 10 more than a month. Obviously he agreed and that was it. minutes each, with the time equally di- These illnesses affect everyone. Con- But when Ranking Member GRASSLEY vided and controlled between the two taminated food affects people and af- asked Dr. Berwick if he would commit leaders or their designees, with the Re- fects people very badly. I repeat, 5,000 to appearing before the committee publicans controlling the first half, and of us die every year as a result of again—which I think the doctor would; the majority controlling the final half. foodborne illnesses. The specialists say he is a very affable and personal man. The Senator from Kansas. it is probably more than that, because I do not agree with him, but he is affa- Mr. ROBERTS. Madam President, I a lot of times when people die they do ble and personable—so we could con- ask unanimous consent that I may pro- not know it is from food poisoning. tinue our oversight, Chairman BAUCUS ceed for 15 minutes. One of four of us every year gets sick. interrupted his response and refused to The ACTING PRESIDENT pro tem- If 25 Senators, one-quarter of this Sen- make any further commitments. pore. Without objection, it is so or- ate, got food poisoning this year, we How is that for transparency? How is dered. would do something about it, and we that for finally getting to a hearing would not think twice about which po- f about the man who is the most impor- litical party those Senators who got HEALTH CARE tant man today in regards to the new sick were from. People often think of health care law and implementing it? food poisoning as an upset stomach Mr. ROBERTS. Madam President, Because I was not able to ask Dr. that goes away in a few hours or a day. health care—big issue. The health care Berwick my questions yesterday, I am Sometimes, yes, that is all it is. But reform bill that is current law—big forced and am asking them here on the sometimes it is much worse. I have met issue. A lot of talk about repeal, fix Senate floor. Dr. Berwick knows my with the families who have been seri- what is wrong in the bill, what is right No. 1 concern with President Obama’s ously sickened by the food they have in the bill, depending upon your per- health care law is the enormous poten- eaten, people who are hospitalized for sonal opinion. tial for the government to interfere in weeks and months and months, who I think that the Senate—more espe- the treatment decisions of the doctor came close to death. cially the committees of jurisdiction, and the patient. Dr. Berwick has a long In some cases they will deal with the and I am talking about the Senate Fi- history of statements supporting gov- results of their food poisoning for the nance Committee—has a unique obliga- ernment control of treatment deci- rest of their lives. One such person is a tion, especially at this time, to con- sions, or what I would call ‘‘rationing.’’ little girl named Rylee Gustafson. She duct its oversight responsibility. Un- I know some would say that is not the is from Henderson, NV. When she was 9 fortunately, that was not the case as of case. But Dr. Berwick has said that: years old, she ate a salad that almost yesterday. Most people who have severe pain do not killed her. It had spinach in it. That One of the major problems with the need advanced methods; they just need the spinach had E. coli. Rylee got so seri- new health care law is the huge morphine and counseling that have been ously ill that she, of course, was hos- amount of power and authority it around for centuries.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8003 A most unique statement, to say the the FDA, which can take years, and number of waivers is who is getting least. He has publicly stated an aver- then CMS—as to whether Medicare will them. Would you believe that they are sion to new medical technology and approve it? It seems that is where we some of the most ardent supporters of health care advances, saying: are headed. health care reform? Unions such as the One of the drivers of low value in health I know or I think I know the answer Service Employees International care today is the continuous entrance of new as to why Dr. Berwick decided to con- Union, the United Federation of Teach- technologies, devices, and drugs that add no duct this investigation. ers, and the Transport Workers Union value to care. It is cost—$93,000 for a complete have all applied for and been granted That is in his eyes. He refers to this cycle of Provenge was the driving fac- waivers from the rules. They don’t as an ‘‘excess supply’’ of health care. tor behind this investigation. have to follow the rules. They don’t And, of course, we have his infamous The good news is that yesterday an have to follow the mandates. Guess quote that ‘‘the decision is not whether advisory committee recommended that who are the strongest supporters of or not we will ration health care. The CMS cover Provenge. But I am very health care. The fact is, ObamaCare is decision is whether we will ration care concerned about the precedent this sets bad for business, bad for workers, bad with our eyes open.’’ not only for other cancer regimens for seniors, bad for taxpayers. It should then come as no surprise such as the promising breast cancer My question to Dr. Berwick: When that CMS under Dr. Berwick’s leader- drug Avastin but for all new medical will the American people get a waiver ship has embarked upon a path of in- innovations. from ObamaCare? Of course, that deci- creasing government control, central- Some may say that an extra 4 sion would be under the purview of the ized decisionmaking, and top-down months of life is not enough to justify Secretary of the Department of Health mandates that treat doctors as nothing this high price tag. It is a high price and Human Services, Kathleen more than cooks practicing ‘‘cookbook tag. First, the government should not Sebelius, whom I know as a personal medicine’’ and patients as nothing be in the business of placing dollar val- friend. more than numbers, despite their indi- ues on life, period. That is what Great Kathleen, Kathleen, Kathleen, you vidual needs and desires. Britain is trying to move away from. are granting all these waivers to people One example: attempts by CMS to re- That is why David Cameron made the in regard to the mandate on health strict the number of times seniors with unique statement that maybe we ought care. When will the American people diabetes can test their blood sugar by to have a system that puts the choice get a waiver from some of the things limiting them to one test strip per day, between doctors and patients. What a they choose not to take part in? This regardless of what the doctor rec- novel idea. is, indeed, shocking news. ommends. Doctors understand that dia- Secondly, the traditional chemo and I yield the floor. betes care is an exceedingly complex all of its associated side effects costs The ACTING PRESIDENT pro tem- and personalized enterprise. My ques- Medicare upwards of $110,000 per pa- pore. The Senator from Missouri. tion that I could not ask yesterday: tient per year. So Provenge is actually Mr. BOND. Madam President, I un- Why is CMS replacing the judgment of a cost saver when viewed in that con- derstand I have 15 minutes. a doctor on how many times their pa- text. The ACTING PRESIDENT pro tem- tient should test their blood sugar with Third, this is exactly the type of in- pore. The Senator is correct. a CMS-knows-best approach? novative approach we need to win the Mr. BOND. Will the Chair advise me An even more egregious example of fight against cancer. Medical advances when 10 minutes has been used. the government getting in between pa- don’t come in giant leaps; they more The ACTING PRESIDENT pro tem- tients and doctors is Dr. Berwick’s re- often occur at the margins. We should pore. Yes. cent investigation into Medicare cov- not deny patients and doctors treat- f erage of the life-extending prostate ment options simply because they cancer therapy Provenge. Provenge is a don’t offer a complete cure. That is BIOTECHNOLOGY: HOPE FOR THE therapeutic vaccine approved by the shortsighted, not to mention cruel. FUTURE Food and Drug Administration to treat Finally, if we want companies and in- Mr. BOND. Madam President, as I late-stage prostate cancer through an vestors to continue to pour their dol- will be leaving the Senate in a few innovative process that removes im- lars and efforts into developing a cure weeks, I ask my colleagues to indulge mune system cells from patients and for cancer, this is the wrong approach. me as I speak for a few minutes on a exposes them to cancer cells and an im- The investment into researching and subject I believe is very important, and mune system stimulator and then in- developing Provenge approached $1 bil- that is continuing the policies and jects them back into the patient. lion over 15 years, 15 clinical trials. Re- funding that help drive scientific ad- Provenge has been shown to increase fusing to allow a return on this huge vancement in new areas, particularly life expectancy by an average of 4 investment will send a chilling effect agricultural biotechnology. months but sometimes longer, with one across the health research industry, re- It goes without saying that we are patient living an additional 7 years. In sulting in less investment, less innova- living in a time of breathtaking sci- addition, Provenge is special because of tion, and worse care for patients. entific discovery, whether the field is its lack of side effects as compared to Maybe less innovation is actually the aerospace, information systems, or bio- the traditional chemotherapy methods. goal of this administration and of Dr. technology. So not only can patients live longer, Berwick, who has targeted the ‘‘en- In the last hundred years, science has but their quality of life will be better. trance of new technologies, drugs, and taken us from the Wright Brothers Medicare coverage for FDA-approved devices’’ as ‘‘one of the drivers of low first flight to manned space flight. drugs is usually automatic. My next value in health care today.’’ Value is a Science has taken us from Henry question to Dr. Berwick would have subjective concept. Ford’s first car to today’s vehicles been, had I had the opportunity in the Another question I have for Dr. Ber- hosting full-fledged entertainment sys- committee yesterday but was denied wick: I prefer that the value of health tems and global positioning systems. because of scheduling: Why did you ini- care be determined by the patient and Science has taken us from typewriters tiate a coverage investigation so soon doctor, not the government. Would you to supercomputer and from candles to after Provenge was approved? Why is agree? electricity. CMS seeking to substitute its judg- Finally, from yesterday’s news, I Science is moving even faster now. ment for not only patients and doctors have been shocked by the number of Advances in technology will continue but for the FDA, the gold standard for ObamaCare waivers coming out of the to reach far into every sector of our drug approval worldwide? Are you Department of Health and Human economy. questioning the FDA’s decision? When Services. According to the New York Future job and economic growth in drug companies and research folks Times today, 111 waivers have been the areas of health care, life sciences, produce after many years of research granted to employers to allow them to industry, defense, agriculture and and effort and cost, are they going to avoid the new health care mandates. transportation is directly related to have to go through two hurdles—first, The only thing more shocking than the scientific advancement. And America’s

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8004 CONGRESSIONAL RECORD — SENATE November 18, 2010 future wealth and economic pre- It helps our farmers by consistently hungry every day and several million eminence is tied to technological ad- increasing crop yields, especially as of them die from nutrition-related ill- vancement. our global population continues to in- nesses every year. Technological advancement will con- crease while available farmland de- For these individuals, a crop failure tinue to drive our economy, job growth creases. can mean the difference between sur- and our quality of life. From an environmental perspective, viving and starving. While most of the work is being done the use of transgenic seeds has reduced We are not without challenges. by our scientists, engineers, entre- pesticide application on our fields by Although diminishing, a vocal and preneurs and educators, government tens of millions of pounds annually in aggressive group of advocacy organiza- can play a role in helping create the the United States alone. tions continue to market fear rather conditions for them to succeed: And—especially important now dur- than sound science, especially in Eu- through research funding, through tax ing the tough recession we are in—agri- rope. policy, and through free trade agree- culture biotech creates good, high-pay- When public policy decisions are ments. This is especially true when it ing jobs and helps revitalize rural based on fear, rather than sound comes too agiotechnology. economies. science, we are in trouble. Looking back about 15 years ago, I The sky is the limit for the future of My good friend Dr. Martina received a strong push for a new idea— biotech. Advances here will continue to McGloughlin has argued that some mapping the corn genome, one of the impact the entire world. multinational corporations operating first real biotech projects for commer- Madam President, 2005 marked the as NGOs shamelessly hype fear of cial agriculture. This push came not year that the billionth acre of biotech GMO and use fear to solicit from leaders in education, science or transgenic crops was planted world- funds for their salaries—these are the the corporate world—and we have wide, a notable achievement in a field modern-day Luddites who know how to many—but from corn growers and soy- of science that was at the time only a profit from their self-generated bean producers in Missouri. decade old. hysteria. Our producers convinced me that bio- In 2008, the second billionth acre of a The result: the science cannot get to technology was not only key to im- biotech crop was planted only 3 years the marketplace and improve people’s proving farm incomes and the rural after the first. lives. economy, but in revolutionizing the All this while a handful of profes- Fortunately the European Union is world in the same way the steam en- sional antitechnology activists are perhaps beginning to see they are miss- gine revolutionized industry, and the still, unsuccessfully in search of their ing out. They have begun to soften computer revolutionized the sharing of first stomach ache. Their persistent their opposition—however slightly—on information. Luddite-type hatred of ag biotech, genetically- modified imports. At that time, it was tough to get though without any scientific support, The stakes, of course, are higher in anyone interested in the project—Con- has fueled fear of genetically modified, developing nations than in Europe, gress, the media, even my own staff. GMO, foods, even in less developed where most are well fed. Imagine running for reelection and countries, where near-term starvation The late Dr. Norman Borlaug, the un- telling your staff: hey, great idea, I’m is a real prospect without a ag biotech. assuming humanitarian credited with going to campaign on the corn genome. The growth of biotech will continue feeding a billion people and saving the As Mark Twain said: to explode in future years. Developing lives of hundreds of millions, warned us A crank is someone with a new idea— countries using ag biotech out number about the biotech naysayers. until it catches on. Back then, those of industrial countries by a ratio of three He worried that ‘‘fear-mongering’’ by us peddling biotechnology sounded like to two. environmental extremists against pes- cranks. In fact, resourceful farmers in some ticides, fertilizers and genetically-im- The first time I asked the Agri- countries are approving biotechnology proved foods would put millions at risk culture Appropriations Committee to before their lagging governments do. of starvation while damaging the bio- fund biotech projects, I didn’t get a sin- Growth brings with it many opportu- diversity those extremists claim to gle dime. nities for scientists from the ‘‘devel- protect. But we persisted, anyway. I teamed oped world’’ to collaborate on bio- So we must do a better job, as policy up with my colleague and good friend, technology projects with scientists in makers, educators, business leaders, Senator BARBARA MIKULSKI, on a bipar- the developing world. and scientists to communicate the tisan initiative to fund biotech re- But how do we ensure that all people, value of biotechnology to those around search through the National Science especially those who need it, are not us. Foundation. left behind? As my colleagues know, we are strug- Through the years we have provided We must do it. There is a humani- gling to find our way out of this reces- nearly a billion dollars to NSF. tarian imperative. People who are well sion and create new jobs. With the help of Missouri’s-own fed have many problems, a people who Some of the millions of jobs lost dur- Chancellor Bill Danforth and Roger are hungry have only one problem. ing the last 2 years are never coming Beachy as well as others, Senator TOM As Norman Borlaug put it: back. HARKIN and I sponsored legislation cre- Without food, man can live at most Biotech shows the promise of replac- ating the National Institute of Food but a few weeks; without it, all other ing some of those jobs. And biotech and Agriculture to support the com- components of social justice are mean- will provide the jobs of the future. petitive research at the Federal level ingless. Whether in the research lab, the incu- needed to advance agriculture science. We simply cannot afford not to tap bator, in a small company or a large Fifteen years later, we now have the into the promise of biotechnology. By corporation, biotech is creating good, proof that this idea really is changing 2050, developing countries will be home high-paying jobs. It is extremely im- the world, as promised. to 90 percent of the expected popu- portant for producing enhanced reve- Already, hundreds of millions of peo- lation of 9 billion. nues and jobs. ple have been helped by biotechnology However, while the world is expected That is why ongoing workforce devel- drugs and vaccines that can cure dis- to increase its population by more than opment and job training in new fields eases and eliminate the need for sur- 30 percent the area of productive agri- like biotechnology is so important. gery. And there are many more drugs cultural lands in the world remains rel- And it is good to see some of our edu- and vaccines being tested which will atively unchanged. Traditional agri- cational institutions getting involved. eventually help us treat other diseases. culture cannot keep up. Missouri Western University in St. Agricultural biotechnology is bring- Increasing crop yields—and income— Joseph, MO, has built a biotech incu- ing hope to those in the developing is especially important in a world bator to encourage new businesses in world by providing crops that are more where according to the United Nations the area and to help train workers. pest and disease-resistant and more nu- Food and Agriculture Organization, Not long ago, I visited a St. Louis tritious. FAO, 925 million children go to bed Community College program that is

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8005 training young people to work in not understand the full magnitude and who dealt with her would say ‘‘char- biotech labs. They are getting on-the- benefit of biotech. acter’’ is probably an understatement. job training at an incubator known as Only through effective communica- Her ability to multitask was leg- BioBench. tion can we ensure that sound endary. During her time as chief of That’s a win-win. It’s a win for young science—not myths and fear—guide staff, she could simultaneously talk people trying to find jobs in the new public policy. with me, listen to C–SPAN, BlackBerry economy, and it is a win for the compa- In closing, let me say that in 40 years instructions to her staff, check out sta- nies who need the skills of these work- of public life, I have seen a lot of great tistics of the previous Vikings game, ers. ideas come and go. I strongly believe and evaluate the potential draft picks 9 Efforts like these keep high-paying, ag biotech is here to stay and will months in advance—not only for the cutting-edge jobs right here in the grow. We are only just beginning to see Vikings, but she learned to do the same United States. the many exciting applications bio- for the Kansas City Chiefs and the St. One key to making sure the benefits technology can offer. It is truly chang- Louis Rams. We tried to keep up, but it of biotech continue to grow is making ing lives, for the better. was hard. sure the American public and press, be- In my opinion, a dedicated and col- The fact that she was able to stay in yond farmers, researchers, a few com- laborative investment by policy- my employ after the Twins-Cardinals pany leaders and policy makers under- makers, researchers, educators, and World Series of 1987—an epic tragedy stand the value of biotech. Those who farmers will result in a vibrant indus- for Cardinal fans—speaks volumes to understand biotech must make a con- try that will fuel our economy, im- her otherwise high value. scious effort to educate their peers and prove our environment, and feed our There is seldom enough recognition leadership across the country. world for years to come. of the high-caliber people who staff us in the Congress and the government. We need to develop advanced science f and technology curriculum that pre- Julie was exceptional among the excep- pares our students for the high-tech IN MEMORY OF JULIE DAMMANN tional. From 1987 to 2005 while on my jobs of the future. A growing industry Mr. BOND. Madam President, I have staff she was a perfectly reliable source needs a pipeline of future talented a very sad message to bring to the body of sound judgment, energy, cheer, and workers. We need to continue to ex- today. It is with great sadness that I friendship. pand hands-on training opportunities report that we have lost one of our She knew the budget, the whip count, to prepare and transition our current own, Julie Dammann, who lost her the box scores, the news ratings, the workforce into these new high-tech brave 11-year battle with cancer. third down conversion rate, the poll jobs. All of you who knew Julie knew of numbers, the economic report, the So there is good news on many fronts her superior abilities, high spirit, and schedule, the process, the players, the when it comes to the future of the unshakably impervious character in politicians, as well as every competing biotech movement. But we need a con- the face of adversity. As she was strug- argument. But mostly she knew and tinued, strong, public-private partner- gling with this disease and going off for loved people. She was the ideal public ship going forward. weekend treatment on Friday, with a servant. As I mentioned earlier, in the last 12 bright smile, she always insisted, when Our sincere condolences go to Julie’s or 13 years, Congress has provided asked, that she was ‘‘doing great.’’ Her husband Rolf and their daughters nearly a billion dollars to the National life was far too short, but few on Earth Monika and Paula. The girls will carry Science Foundation to conduct plant live a life as fully as she did. on with the richest of all inheritances: biotech research, building on the ini- Julie was a rural kid from Minnesota having their mother’s genes and love tiative Senator MIKULSKI and I intro- and graduated from the University of and guidance to remember. Julie could duced in the VA–HUD-Independent Minnesota. She worked for Rudy not have been in more diligent, loving Agencies Appropriations Sub- Boschwitz before I was fortunate hands than those of her husband Rolf. committee. enough to hire her in 1987. Most re- We thank him for taking such special The need for continued investment in cently, she went to work as a senior care of her. We have lost a special basic research is crucial to the growth vice president with Ogilvy Government friend, but now we are blessed with a of biotechnology and I hope Congress Relations. special angel. will continue to fund research in this But in 1987, after joining my staff as Madam President, I ask unanimous area. legislative director, she met Rolf consent to have a copy of her obituary While I won’t be around to beat the Dammann at the National Republican from the Washington Post printed in drum next year from the inside, I have Senatorial Committee, who was appar- the RECORD. worked with my colleagues Senator ently interested in more than her high- There being no objection, the mate- JOHANNS and Senator KLOBUCHAR to ly regarded legislative acumen. Rolf’s rial was ordered to be printed in the create a new Biotech Caucus. I hope newfound interest in budget and appro- RECORD, as follows: those of you who understand the chal- priations issues eventually paid off, Julie Ann Dammann, age 51, passed away lenge and promise of ag biotech will and they were married—after the 1988 on November 13, 2010, after a long battle with cancer. She was born in Roseville, MN, on choose to join the ranks and commu- election, of course. May 23, 1959, to Mrs. Ervina and the late Dr. nicate the benefits of ag biotech to our They both enjoyed politics, history, Paul Hasbargen. After celebrating their wed- peers. golf, German beer, and their two lovely ding anniversary on November 12, Julie is While we have much to be proud of daughters Monika and Paula. Through- survived by her loving husband of 22 years, when it comes to developments and ad- out her battle with cancer, they were Rolf and their daughters, Monika (15) and vancements in biotechnology—we can- always by her side. Paula (13) of Arlington, VA; as well as her not rest on our laurels. We must con- Within any successful enterprise, sister Linda Bazille, and husband, Brad, of tinue to support basic research in our there is the heart of the operation. In Emerald, WI; mother-in-law, Leslie Morton Nation’s labs. We must continue our the case of Julie, she was the heart, the of Gainesville, VA; and her father-in-law Rolf Dammann Sr. of Nashua, NH. Julie at- investment in the buildings and equip- legs, the mind, the backbone, and the tended Alexander Ramsey High School in ment that make it possible. We must can-do spirit of my staff. For me, from Roseville, MN (1977), and then became a continue to create policies that allow the first time she walked into my of- proud Golden Gopher and graduate of the biotech businesses to flourish—bring- fice, she was also my friend. University of Minnesota (1980), where she ing critical research from the lab Remarkably, from that first day was an Economics and Political Science shelves to the marketplace and the through 24 congressional sessions, major. After graduating, Julie commenced a benefits to our citizens. We must sup- three reelections, marriage, mother- long career in service to the country she port job training for new workers and hood, and her bravely defiant fight loved. Her career in the United States Sen- ate began as a Legislative Assistant to Sen. help transition the current workforce against cancer, she never stopped. She Rudy Boschwitz (R–MN). Twenty-five years into these high-tech jobs of the future. never rested. F. Scott Fitzgerald once later, she retired from the U.S. Senate as the And, maybe most important, we need said, ‘‘Action is character.’’ In that Chief of Staff to Sen. Christopher S. ‘‘Kit’’ to continue to educate those who do case, Julie was character. Now, some Bond (R–MO), after serving on his staff since

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8006 CONGRESSIONAL RECORD — SENATE November 18, 2010 1987. Throughout her career, Julie played a It is my belief that Congress needs to does not want to be like Massachusetts role in the passage of major pieces of legisla- be held responsible for its actions, for because Oregon is different from Mas- tion including: The Federal Highway Reau- the policies it advocates, and the legis- sachusetts. Oregon’s insurance market thorization Bills of 1992, 1998 and 2005; the is different. Its provider network is dif- 1987 Farm Credit Act; the 1991 Clean Air Act lation that ultimately passes through Amendments; the 1992 Family Medical Leave these Halls to become law. When Con- ferent. Its beneficiaries and population Act; and the 2002 Help America Vote Act. In gress passes legislation that is harm- are different than in Massachusetts. 2005, after retiring from the U.S. Senate, ful—in this case the Federal health Oregon might want to implement re- Julie joined Ogilvy Government Relations as care reform legislation, which I did not forms or create a coverage mechanism a Senior Vice President, where she continued support—or there is an unintended con- that I do not like or that I would not her work on various transportation and ap- sequence—which I think is the case want to work in the State of Massachu- propriations issues. Throughout her life, when it deals with Massachusetts and setts, but that is OK. That is what this Julie was an accomplished athlete, including bill is about. It allows the individual playing on the University of Minnesota bas- the innovations we have had for years, where we have 98 percent of our people States to have the right to do what ketball team. Her lifelong love of sports con- they believe is imperative and impor- tinued into her adult life as an avid golfer already insured—Members need to be and a formidable soccer player. She was a bold enough to stand up and fix it re- tant for their particular State, which long-time fan of all Minnesota sports, espe- gardless of party affiliation and regard- is why the legislation we have intro- cially the Vikings and the Minnesota Twins, less of whether it is popular. duced—the Empowering States to Inno- having attended multiple games during the I commend the Senator who is about vate Act—is so important. 1987 World Series. Julie’s focus on family and Right now, as provided under section to speak after me for his leadership on work was only equaled by the intensity with 1332—the Waivers for State Innova- this matter. Senator WYDEN has been which she followed her Minnesota teams, re- tion—of the Patient Protection and Af- working very diligently on addressing membering every play from every game. The fordable Care Act, States can waive out the concerns for his State. Today I get passion with which Julie lived her life will be of provisions of the Federal reform law. sadly missed by all who knew and loved her. a chance to do the same. Today we get That is the good news. We are allowing The family will receive guests on Friday, No- an opportunity to make a correction to States to participate in the process and vember 19, 2010 from 10 a.m. until the time of the Federal health care reform bill to allowing them not to have duplicate service at 10:30 a.m. at the Immanuel Lu- be sure we are doing the right thing, theran Church, 1801 Russell Road, Alexan- processes or maybe potentially have dria, VA with a private interment to follow. not just for Massachusetts but for lesser care and coverage if the Federal The family requests that in lieu of flowers, other States that seek to waive out of health care bill is implemented. So it gifts will be received for the ‘‘Julie certain requirements of the Federal allows us to continue to provide the Dammann Family Education Trust’’. Dona- health care reform law. care and services we want to provide to tions may be sent to: Redmon, Peyton & In many ways, Massachusetts has our citizens in Massachusetts. The bad Braswell, L.L.P., 510 King Street, Suite 301, been on the forefront of implementing news is, this waiver authority is not Alexandria, VA 22314. health care reform: expanding access— Mr. BOND. Madam President, I yield scheduled to take effect until 2017. So as I mentioned, 98 percent of our people what are we doing until then—a full 3 the floor and suggest the absence of a are already insured—designing systems quorum. years after the PPACA is scheduled to to increase market participation—from be fully implemented? The ACTING PRESIDENT pro tem- the Cadillac plan, all the way to the pore. The clerk will call the roll. For me and my dear friend from Or- fully subsidized Commonwealth Care egon it does not make any sense. When The legislative clerk proceeded to Program—and increasing transparency call the roll. I see something that does not make for consumers and providers. We con- Mr. BROWN of Massachusetts. any sense in Washington, I do my best, tinue to learn, however, lessons every Madam President, I ask unanimous regardless of party affiliation, to fix it. consent that the order for the quorum day in Massachusetts about what The first thing our bill does is to call be rescinded. works and what does not work, and we allow States to waive out of specific The ACTING PRESIDENT pro tem- are continuing to work on those very parts of the PPACA in 2014 rather than pore. Without objection, it is so or- issues to make sure we can do it better. 2017. This makes sense not only from dered. This is an important point because it an operational standpoint, because the speaks directly to the purpose of this f PPACA takes effect in 2014, but also piece of legislation that I have intro- from an economic and fiscal stand- EMPOWERING STATES TO duced in a bipartisan manner with Sen- point. Why should Massachusetts be INNOVATE ACT ator WYDEN from Oregon. delayed in obtaining a waiver from the Mr. BROWN of Massachusetts. As you know, the health care reform Federal reform bill when it may al- Madam President, I rise today and join efforts of Massachusetts are our own. ready have met or exceeded, in many my colleague, Senator WYDEN, to speak We were one of the first States in the cases, the provisions of the act? So about legislation we have introduced country to take this upon ourselves to holding Massachusetts back by lim- that will protect not only his State but address the very serious problem we iting my State’s ability to continue to my State of Massachusetts and other had in providing funds to hospitals innovate and remain flexible and re- States by allowing them to waive out that were providing care for people who sponsive to the health care market of specific requirements of the Patient were making a good wage but who were costs money, and it costs the taxpayers Protection and Affordable Care Act. not paying the bills. As a result, the money at a point right now where we As my colleagues know, my single citizens had to subsidize the hospitals don’t have a whole heck of a lot of priority is and always has been to en- to the tune of over $1 billion. So we be- money to go around. sure that what we do in Washington lieved it was imperative for us to get The second piece our bill does is to does not harm my State of Massachu- something done. provide States with certainty with the setts or the rest of the country, and As difficult as it is to admit this, not waiver process. Not every State will be that we are responsible stewards with every State wants to be like Massachu- eligible. Let me repeat that: Not every every tax dollar that flows from the setts. I understand that. They may not State will be eligible for a waiver and States into the Federal Government. want to be like Oregon either. Massa- not every waiver will be granted. But This has been true when it comes to chusetts is a great State, with, I be- our bill provides some certainty for voting against raising taxes on families lieve, the best hospitals, physicians, States that apply for a waiver by re- and businesses. It has been true when it doctors, nurses, treatment facilities, quiring the Secretary of Health and comes to fighting for commonsense, research facilities in the country and Human Services to begin reviewing ap- progrowth policies that will create jobs around the world. There is a reason plications within 6 months of the en- in Massachusetts. It has been true in why people come to Massachusetts for actment of this bill. I hope this bill is my efforts to be sure that the Federal the care and coverage they need so enacted quickly. The earlier a State health care reform bill does not dimin- badly. knows whether it has received a waiv- ish or harm the health care innova- But I recognize that my colleague er, the earlier it can begin imple- tions that have occurred in Massachu- from Oregon is interested in protecting menting its specific plans and pro- setts. reform efforts in Oregon as well. He posals. It makes fiscal sense.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8007 Taken together, these two changes While the Commonwealth is still years The ACTING PRESIDENT pro tem- are not only good for Massachusetts away from decisions that will be made in pore. The Senator from Oregon. 2014 and beyond, we believe allowing Massa- but potentially for other States. They Mr. WYDEN. Madam President, let are good for the other States that are chusetts the opportunity to apply for such waiver earlier than 2017 may allow the Com- me commend the Senator from Massa- trying to innovate and advance in the monwealth flexibility it may desire to con- chusetts on a very fine statement, areas of health care reform, cost con- tinue the success it has achieved thus far. which I think highlights exactly what tainment, and coverage. That is what We note that Massachusetts is often referred we are seeking to do. it should be. It should be a symbiotic to as a model for national healthcare reform relationship between the Federal Gov- and we believe any waiver that the Common- The Senator from Massachusetts has ernment and the States. The States wealth would apply for, if it so chose, would been a real pleasure to work with on should have the right to determine seek to achieve a similar goal of affordable, this matter. As he says, the whole what they want to do for their citi- comprehensive health insurance coverage as point of this, as shown by the recent zenry. Do we think maybe some States required by Section 1332. election, is that people want to find Massachusetts hospitals have been and could do it better than the Federal continue to be supportive of the federal ef- some common ground. They are not in- Government? I believe when we deal fort to expand coverage to the uninsured and terested anymore in food fights and with health care, Massachusetts is sec- provide affordable health insurance for all bickering back and forth between the ond to none, with all due respect to the Americans. At the same time, we have political parties. What Senator BROWN other Senators in this Chamber. stressed throughout the national healthcare and I are seeking to do is to show it is During Wednesday’s Finance Com- debate that national reform should support possible on a significant issue—I think mittee hearing, Dr. Berwick, who is the Commonwealth’s own health reform we all understand health care is about from the State of Massachusetts, I achievements. as important as it gets—that we can On behalf of Massachusetts member hos- might add, said this about State inno- come together, and the two of us have vation and flexibility: pitals and the patients they serve, we look forward to working with you to preserve said we are going to come together to The cliche about states as laboratories of Massachusetts healthcare reform as the na- put the focus on innovation. It is pret- democracy is not just a cliche, it’s true. The tion begins to implement the national ty clear that what works in Spring- diversity of approaches that we’re seeing healthcare reform law. field, OR, may not be exactly ideal for emerge state by state has been there for long Sincerely, time. I think we should be doing everything Springfield, MA. But what we can do is LYNN NICHOLAS, come up with a way to provide more we can to encourage it. President & CEO, I couldn’t agree more. I am a strong Massachusetts Hospital Association. flexibility and particularly more choice and more competition for our supporter of States rights, especially Mr. BROWN of Massachusetts. Thank States and other States around the when it makes sense, and for allowing you, Madam President. country. States to solve problems without the We should be encouraging State inno- Federal Government’s interference. vation and not hampering it, and that So I am very grateful to the Senator Madam President, I ask unanimous is what the Empowering States to In- from Massachusetts for his effort. It is consent to have printed in the RECORD novate Act does. It helps ensure that early in the lameduck session, and it is a letter from the Massachusetts Hos- States are not held back from inno- my hope this will be a signal in the pital Association in support of my ef- vating and seeking solutions that work Chamber that even on these difficult forts today. for their citizens, their taxpayers, and issues—issues that were so contentious There being no objection, the mate- their communities. in the political campaign—it is going rial was ordered to be printed in the Finally, I wish to associate myself to be possible to come together and Record, as follows: with the comments of the Senator from find some common ground. MASSACHUSETTS HOSPITAL Oregon when he makes them about how ASSOCIATION, As the Senator suggests, if we can Burlington, MA, November 16, 2010. our bill fits into the Federal health just move away from a Federal cookie- Hon. SCOTT BROWN, care reform debate. Enacting this leg- cutter approach and encourage the Russell Senate Office Building, islation is the right thing to do because kind of creative thinking we have seen Washington, DC. it is good for States such as Massachu- in Oregon and in Massachusetts and DEAR SENATOR BROWN: As you know, the setts and Oregon and Utah that have other parts of the country, I think we Commonwealth of Massachusetts has suc- begun to make changes and reform at ceeded in expanding healthcare coverage to will be well served and will be in a posi- the State level that make sense for tion to better contain health care more than 400,000 uninsured residents. We their citizens. can be proud of the fact that the state has costs. I think we all understand that the lowest rate of uninsured in the country, The legislation provides flexibility how to rein in these medical costs that which has improved the lives of so many and says one size fits all is not appro- are gobbling up everything in sight is Massachusetts residents and allowed the priate and it does not always meet the first and foremost on the minds of our healthcare system to operate more effi- needs of that individual State. I know constituents. Literally, for the amount ciently. Our state was able to achieve ex- the Federal standard is not in the best panded coverage of this magnitude through of money we are spending today in this interests of the people of Massachu- country, one can go out and hire a doc- innovative programs like Commonwealth setts, which is why passing this bill is tor for every seven families in the Care and Commonwealth Choice, along with the right thing to do. other provisions that were part of the Com- United States and pay the doctor more Let me say I deeply appreciate the monwealth’s 2006 healthcare reform law. than $225,000 a year just for taking care Senator from Oregon and his effort to For these reasons, the Massachusetts Hos- of seven families. I always bring up pital Association (MHA) supports the bill weed through the quagmire of rules this as almost a metaphor for health that you intend to introduce that will ad- and regulations and come up with a care, but usually after I am done, the vance the timeframe for waivers that were commonsense solution. I am hopeful physician who was listening in the au- included in the Patient Protection and Af- others in this Chamber will learn from dience comes up and says: Where can I fordable Care Act (PPACA). As we under- our example, that we can work to- stand Section 1332 of PPACA, states may go to get my seven families? It sounds gether in a bipartisan manner to tackle apply for a waiver to certain requirements of like a pretty good deal. It just shows the federal law so long as the changes problems and try to solve them with- out the rhetoric and without the bomb that we are spending this enormous achieve healthcare coverage that is at least sum of money. as comprehensive as the federal law would throwing and just solve problems. Be- have provided. The changes are also required cause right now, we need more people What Senator BROWN and I are seek- not to increase the federal deficit. The law like the Senator from Oregon to do just ing to do is to encourage additional in- currently allows states to apply for such a that. novative approaches in States, ap- waiver beginning in January 1, 2017. Your The ACTING PRESIDENT pro tem- proaches that are tailored to the needs proposed legislation does not change the terms or process for approving a waiver that pore. The Senator’s time has expired. of States’ own residents, that will help currently exist in the PPACA but does move Mr. BROWN of Massachusetts. Thank us, in my view, to promote choice and up the date by which the waiver process may you, Madam President. competition in the American health begin. I yield the floor. care system. The States are free to do

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8008 CONGRESSIONAL RECORD — SENATE November 18, 2010 whatever they choose. I just offer up cosponsors, depending on when you I yield the floor. my own judgment that right now, at a look back at the legislative history, The ACTING PRESIDENT pro tem- time when most Americans still don’t that were almost evenly divided be- pore. The junior Senator from Oregon get much choice in their health care tween the political parties. In the is recognized. coverage, this is an ideal opportunity Healthy Americans Act, there was a Mr. MERKLEY. Madam President, I that both Democrats and Republicans specific section called ‘‘Empowering applaud the work my senior Senator can support. As States seek to go for- States to Innovate.’’ There was a provi- from Oregon, RON WYDEN, has been ward with this approach, they can sion in that bill that was first intro- doing in seeking affordable, effective make their own choices. duced in 2006, and a similar provision health care for all Americans and, in I hope, in particular, States will take was included as section 1332 in the law particular, his work to utilize our a look at what you, Madam President, the President signed. State laboratories in developing smart the Senator from New York, and I have So I have long been interested in let- health care strategies that then, if suc- in our own health care plan. The Fed- ting all States have the opportunity to cessful, can become a model for the Na- eral Employee Health Benefit Plan pro- innovate. One of the reasons I have tion. vides a lot of choice, a lot of competi- been interested—and my good friend, This process of utilizing waivers isn’t tion. You can go out and fire your in- Senator MERKLEY, is here—is that our about a State wanting an exception so surance company if you don’t think State has been one of the leaders in the that it can be different; it is about rec- they are doing a good job. That is the whole effort to reform American health ognizing that States have powerful op- kind of idea a State could pursue and care. From time to time, folks have portunities to form policies that work do so, we hope, more quickly if we act said I am the Senator from the State of well under particular circumstances legislatively to speed up the waiver Waiver rather than the State of Oregon but also may provide insights into our process. But as Senator BROWN has cor- because we have tried so often to pur- whole national strategy for affordable, rectly noted, this is about giving sue innovative approaches in health quality health care. States the freedom to chart their own care waivers. We were, as Senator So for the work Senator WYDEN and course, and I am very hopeful we will MERKLEY knows, one of the first States Senator SCOTT BROWN are doing, I ap- be able to get this legislation passed. to say Medicaid dollars that have been plaud them and support them, and I In particular, what I have been con- authorized for seniors to pay for serv- thank Senator WYDEN for his decades cerned about, after talking to health ices in institutions such as nursing of advocacy for affordable health care. policymakers over the last few months, homes should be used instead for home f is if, in the State of New York, for ex- health care; thereby giving seniors FOOD SAFETY ample, you go out and set up a process more of what they want, which is to Mr. MERKLEY. Madam President, it to comply with the legislation for pur- stay in their homes, at a cheaper price is a pleasure to rise to speak about the poses of 2014 and you see that the waiv- to taxpayers. We began those efforts, historic Food Safety Modernization er, as now constituted under 1332, as Senator MERKLEY knows, with waiv- Act. starts in 2017, you say: How am I going ers from traditional Federal law. So we I thank Chairman HARKIN, who to reconcile those two? Am I going to have a long history of doing this, and I worked with me to include provisions set up one approach for 2014 and then have spent well over a decade trying to to help small farms and processors and do another approach in 2017? It is going establish the principle that all States organic farms so that they have before to put us through a lot of bureaucratic ought to have the opportunity to bring them in this bill provisions that sup- water torture to try to figure out how their creative juices to this issue of port them and will help make them to synchronize those two dates. So it health care reform. successful. The last thing we want to only makes sense to speed it all up and We have outlined the two key see is an effort to make our food safety make it possible for everybody to get changes in the legislation that is law system work better be used as a tool to started in 2014. today. The first change is to make the diminish the ability of small farms and One other point because my inten- waivers effective in 2014 rather than in organic farms to thrive. That has been tions have been much discussed. When 2017 so States only have to change effectively addressed in the bill but I originally started talking about the their systems once. The second thing also by provisions I will speak to in a State waiver, people questioned wheth- the Empowering States to Innovate while that Senator TESTER is bringing er this was something that was going Act does is it requires the Department forward. to be a special opportunity for Oregon of Health and Human Services to begin I also compliment Senator DURBIN, and not for other States. For over a to review State waiver applications who has been advocating for this bill, decade, I have been promoting the idea within 6 months of enactment of the working on the elements of the bill for that all States—all States—be given legislation. This would allow States a very long time, and his determined, the freedom to innovate under health early notification of whether their tenacious advocacy is the reason this care reform legislation. In fact, to give State waivers have been approved and bill is on the floor before us at this mo- a sense of how I got into this, going would give them adequate time to roll ment. back and looking at the history of the out their State-specific plans. I think I also appreciate the bipartisan prob- Clinton health care plan, in the early this, too, will help us create more com- lem-solving approach of the ranking 1990s it was pretty evident that had petition, more choice, and more afford- member of the Health, Education, President Clinton and Republicans ability in American health care be- Labor, and Pensions Committee, Sen- thought then about giving States the cause it will give the States adequate ator ENZI, and all of the members of kind of freedom Senator BROWN and I time to gear up. That is the philosophy the committee for coming together to envision, it might well have been pos- behind the Empowering States to Inno- say: This is not a Republican or a sible back in the early 1990s to enact vate Act, whether one likes one par- Democratic problem, this is a national health care reform that would have ticular approach or another. Clearly, health care issue, a national nutrition gotten all Americans quality, afford- there will be great diversity of ap- issue, and let’s tackle it together. able coverage. That opportunity was proaches tried at the State level. The safety of the Nation’s food sup- missed. So I decided by the mid 1990s— At a time when we are looking for ply is a serious concern for every fam- if I had the opportunity, the honor, of ways to bring this country together to ily in Oregon and across this Nation. I representing Oregon in the Congress, I deal with the most contentious issues wish to highlight one Oregon family in was going to use every single oppor- of our time, we ought to be supporting particular, Jake Hurley and his dad tunity to let all States—and I want to innovation. We ought to be supporting Peter. I am sure they are very happy to underline all States—have the oppor- unleashing creative kinds of ap- see that we have this bill on the floor, tunity to innovate in health care. proaches to deal with domestic issues. and they will be particularly thrilled So in mid 2005 I started putting to- That is what Senator BROWN and I pro- when we have it on the President’s gether a piece of legislation called the pose in this legislation. I look forward desk because the issue of tracing con- Healthy Americans Act. It was a bipar- to working with colleagues on both taminated food is an issue that has af- tisan bill, that had 14 or 15 Senators as sides of the aisle. fected their family very directly.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8009 This picture is one of Jake taken violently ill from contaminated food. prevent costly recalls for farms and when his father Peter came with him He had a deadly form of E. coli. He was food processors who are not at fault for to Washington, DC, to testify before hospitalized in Bend, OR. He became so a particular contamination. this Congress and share their story. ill that he was flown to Portland for Most important, this bill will help Jake’s favorite food was peanut butter more intensive care. Jet underwent other families avoid what Jake and Jet crackers. When he was 3 years old, he multiple surgeries, blood transfusions, and their parents went through. Par- became very, very ill. Those crackers and was eventually put into a medi- ents should be able to pack their chil- he loved so much were the source of his cally induced coma. He came within a dren’s lunch boxes without fear. illness, but because we didn’t have an hair’s breath of dying twice. The scar- Madam President, I suggest the ab- effective tracking system, there was no iest part of Jet’s story is that we were sence of a quorum. recall and there was no understanding never able to find what made him sick, The ACTING PRESIDENT pro tem- that the crackers were contaminated. despite their best efforts, because we pore. The clerk will call the roll. So in his illness, his family continued didn’t have the type of produce and The legislative clerk proceeded to to share with him his favorite comfort processed food procedures that could call the roll. food—those same peanut butter crack- assist in tracking down the source. Mr. MCCONNELL. Madam President, ers that were making him extremely So for Jet and Jake, it is urgent to I ask unanimous consent that the order ill. It turns out they were contami- pass this bill. Not only does this help for the quorum call be rescinded. nated with salmonella, and the result respond, but it helps prevent food out- The ACTING PRESIDENT pro tem- was that a child’s snack ended up put- breaks. No family should have to go pore. Without objection, it is so or- ting Jake’s life in danger. through what these families went dered. The Food and Drug Administration through. Most parents, including my- f had already determined that peanut self, have spent a lot of time worrying RECOGNITION OF THE MINORITY butter was a cause of sickening people about how to keep their kids safe, but LEADER across the country, but they hadn’t we should not have to worry about how been able to trace the peanut butter to protect our children from the food The ACTING PRESIDENT pro tem- and know it had made its way into on our plates. pore. The minority leader is recog- processed products—in particular, the Implementing food safety provisions nized. product Jake was consuming. The Pea- has to be done in a way that supports f nut Corporation of America, a peanut our small farms, our family farms. We EXTENDING CURRENT TAX RATES processing facility in Georgia, had con- cannot have a process that hinders taminated peanut butter that went them in operating successfully or puts Mr. MCCONNELL. Madam President, into thousands of products, sickening unnecessary restrictions in their path. we have a lot to do and not much time 714 people in 46 States, including Or- I thank Chairman HARKIN for includ- to do it in before the end of the session. egon, and killing 9. The Hurleys and ing language in the bill that I sug- The American people spoke loudly and countless other families have been gested, so that no new regulations clearly on election day. They want us waiting for Congress to pass this bill so would conflict with or duplicate the re- to put aside the liberal wish list and that other families don’t have to be quirements of the National Organic focus on jobs. The most important worried that their children will become Program. This ensures that there will thing we can do to create jobs between terribly sick because we can’t track not be any food safety regulations that now and January 1 is to send a message contaminated food. would put their organic certification in to job creators that we are not going to This bill requires the FDA to create jeopardy. raise their taxes. That is why I offered rules for tracing processed foods, such I wish to draw attention to the work a bill back in September—S. 3773—that as the peanut butter crackers that Senator TESTER has done. He authored would make current tax rates perma- made Jake sick last year. It took the provisions that provide reasonable ex- nent. This is the only bill that has yet FDA over a year to trace all the prod- emptions for very small farms and been offered that would prevent a tax ucts that the peanut butter went into processors—farms that sell their prod- hike on anyone. In other words, nobody during that outbreak in 2009. It is still ucts directly to local consumers, farms in America would get a tax hike at the not clear that they ever found all of that sell their products directly to end of this year. the products. This is unacceptable. local restaurants or to local grocery The White House didn’t seem to like Provisions in this bill will help prevent stores. This comprises only about 1 that idea. They said we should raise not only future outbreaks but also fu- percent of our national food produc- taxes on small businesses. But this ture problems tracking down the con- tion, but it is a very important part of should be an easy one. We should be taminated food products. our local economies, a very important promoting private job creation, not In my work in the HELP Committee, foundation for our family farms. So I killing private job creation. So I look I secured a provision to ensure that in am proud to support the work Senator forward to hearing any ideas the White addition to tracing produce, which was TESTER has done in making sure our House has to achieve that. already in the bill, we set up a pilot small local farms are fully accounted One thing we will need to do before project to calculate the best practices for and supported in this legislation. we leave this year is to fund the gov- for tracing processed food, which is a Also in this bill are exemptions for ernment because Democrats didn’t pass more difficult undertaking. But after farms that produce low-risk food, no a single appropriations bill this year. the bill came out of committee, Sen- matter what their size. This is a type So now we will have to mop up in the ator SHERROD BROWN worked hard to of logical flexibility to make regula- eleventh hour with an omnibus spend- build on that, and he has strengthened tions apply when they are needed and ing bill that covers all of it. This is one the tracing provisions further in the not provide unnecessary restrictions or more sign they aren’t learning many bill. I certainly thank him for doing hurdles when they are not. lessons from the election. that. The bill now requires the FDA to In conclusion, I urge all of my col- If this election showed us anything, create regulations ensuring quick and leagues to support this bill. It will im- it is that Americans don’t want Con- accurate tracing of all types of con- prove the tracing of contaminated gress passing massive trillion-dollar taminated food. food, whether that be produce or proc- bills that have been thrown together Better tracing of contaminated food essed. It will increase inspections. It behind closed doors. They want us to and better coordination between local, will create safety guidelines for farms do business differently. So I will not be State, and Federal food safety officials and processors. It will protect organic supporting an omnibus spending bill. can help prevent children like Jet farms, protect small farms. We have seen what happens when Valenzuela from getting food poi- This bill works to prevent contami- Democrats rush legislation and try to soning. I turn now to a picture of Jet. nation as well so that we can avoid un- jam it through at the last minute, with I met Jet earlier this summer in Or- necessary illness and death. Improve- no time for review or for the American egon. This is a picture of him in the ments to tracing contaminated food people to learn what is actually in the hospital 2 years ago, when he became will not only prevent illness but will bill. The ‘‘Cornhusker kickback’’ and

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8010 CONGRESSIONAL RECORD — SENATE November 18, 2010 the ‘‘Louisiana purchase’’ are fresh on Federal Food, Drug, and Cosmetic Act with was and we know exactly how to fix it. their minds. respect to the safety of the food supply. So the traceability of the outbreaks is Americans want us to take our time The ACTING PRESIDENT pro tem- immediate and is taken care of without and get things right, and they want us pore. The Senator from Montana. impacting 20 or 30 States and hundreds to spend less. The voters have spoken. Mr. TESTER. Madam President, I of thousands of people. We need to show that we heard them. wish to make a brief statement about As we move forward with this bill, I TERRORIST AHMED GHAILANI the food safety bill. I very much appre- think it is incredibly important that Madam President, yesterday’s ac- ciate the opportunity now that this im- we do things as we did in the last farm quittal in a Federal court of accused portant legislation is shaping up to be bill—move forward with locally grown terrorist Ahmed Ghailani on all but 1 a much better bill with the inclusion of food, move forward with that farmers of 285 charges of conspiracy and murder my amendment for family-scale pro- market model that helps people get to is all the proof we need that the admin- ducers. It protects the jobs of family know the people who produce and proc- istration’s approach to prosecuting ter- farmers and ranchers and processors. It ess their food. We don’t want to throw rorists has been deeply misguided and, is time to get this bill passed and undue paperwork on those folks. They indeed, potentially harmful as a matter strengthen food safety for all Ameri- don’t have the ability to do it. It takes of national security. cans. them out of the field to do that, and There is little disagreement that the You will recall that Attorney Gen- honestly, as they move forward, the necessity of this bill is real. If you take eral Holder assured the American peo- consumer and the connection with that a look at the impacts of recent E. coli ple last year that Ghailani would not consumer makes it so that local enti- outbreaks, of salmonella and those be acquitted of the charges against ties can do that regulation much better kinds of foodborne diseases out there, him. Holder said back then: than we can, anyway. it is absolutely critical we get this bill We have been over a pretty long road With his appearance in Federal Court passed. I had some concerns with this today, Ahmed Ghailani is being held ac- here over the last many months. I very countable for his alleged role in the bombing bill as it was originally introduced, on much appreciate the work Representa- of U.S. Embassies in Tanzania and Kenya its impacts to family-sized growers and tive DINGELL has done, in the House, on and the murder of 224 people. processors. The fact of the matter is, this bill. I very much appreciate the Holder also said back then that these are folks who help build this work that was done on my amendment Ghailani’s prosecution in civilian court country, and undue regulation on over here. KAY HAGAN in particular, a would prove its effectiveness in trying them—and I do believe it would be great Senator from North Carolina, terrorists who were picked up on the undue regulation—would simply stop a worked closely with me on this amend- battlefield. movement in this country that has ment and her input was incredibly val- At the time, most Americans won- gone on since this country’s inception, uable. I also thank Senator MERKLEY dered why we would even take the but more recently we have gone back and the work he did on the amend- chance. Now they are wondering when to it with locally produced foods. ment. I thank the consumers groups It is critically important my amend- the administration will admit it was out there that I think found a com- ment be part of this bill. I appreciate wrong and assure us, just as con- monsense solution to this issue, and everybody who worked to make that fidently, that terrorists will be tried many of the organizations we worked happen. Here is why. We deal with con- from now on—from now on—in the with over the last many months to solidation in our energy sector, we deal military commission system that was make sure this bill meets the needs of with consolidation in our banking sec- established for this very purpose at the the people, to make sure we do address tor—we have done it since I have got- secure facility at Guantanamo Bay or the issue of foodborne illnesses and safe ten here, and before. We have consoli- detained indefinitely if they cannot be food but yet allows the little guys to dation in our food industry too. The tried without jeopardizing national se- grow, employ people, and allow that fact is, we need to not encourage that curity. economy to get bigger and better as consolidation. If we can get more lo- When it comes to terrorism, we time goes on. cally grown food, if we get producers should err on the side of protecting the This is an important bill we need to who connect up with consumers eyeball American people. get done. It makes sense for this coun- to eyeball, that is a positive thing. I Madam President, I suggest the ab- try and it makes sense for people in ag- don’t want to diminish their ability to sence of a quorum. riculture. do that. My amendment protects the The ACTING PRESIDENT pro tem- I yield the floor and suggest the ab- ability for farmers markets to flourish pore. The clerk will call the roll. sence of a quorum. and provide food for people locally, The legislative clerk proceeded to The ACTING PRESIDENT pro tem- without shipping it halfway around the call the roll. pore. The clerk will call the roll. world and back again. Yet this bill also Mr. TESTER. Madam President, I The legislative clerk proceeded to puts regulations on the industrialized ask unanimous consent the order for call the roll. folks because, frankly, with the size of Mr. BURRIS. Madam President, I ask the quorum call be rescinded. their operations and because they are unanimous consent that the order for The ACTING PRESIDENT pro tem- highly mechanized, when a mistake is the quorum call be rescinded. pore. Without objection, it is so or- made it can affect hundreds of thou- The ACTING PRESIDENT pro tem- dered. sands of people in 10, 20, 30 States. So pore. Without objection, it is so or- f this bill is a win-win for consumers, dered. CONCLUSION OF MORNING both locally and consumers who deal Mr. BURRIS. Madam President, I ask BUSINESS with the more highly industrialized unanimous consent to be able to speak food suppliers. as in morning business. The ACTING PRESIDENT pro tem- People have asked me why do you The ACTING PRESIDENT pro tem- pore. Morning business is closed. think the small guys can even be regu- pore. Without objection, it is so or- f lated by the local and State regulators dered. in this country? First of all, they are Mr. BURRIS. Madam President, I ask FDA FOOD SAFETY MODERNIZA- small and there is a pride of ownership unanimous consent to be recognized for TION ACT—MOTION TO PROCEED there that is real. They raise food, they as much time as I need to consume. The ACTING PRESIDENT pro tem- don’t raise a commodity, as happens The ACTING PRESIDENT pro tem- pore. Under the previous order, the when operations get bigger and bigger. pore. Without objection, it is so or- Senate will resume consideration of There is a direct customer relationship dered. the motion to proceed to S. 510, which with that processor or that farmer that FAREWELL TO THE SENATE the clerk will report. means a lot. If a mistake is made— Mr. BURRIS. Madam President, as The legislative clerk read as follows: which rarely happens—it doesn’t im- you know, one of the first duties dele- Motion to proceed to the consideration of pact hundreds of thousands of people. gated to freshman Senators is the high Calendar No. 247, S. 510, a bill to amend the We know exactly where the problem honor of presiding over the Senate. I

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8011 remember the very first time I sat That dream took longer to achieve for me. Thank you, my freshman col- where you are sitting now, Madam than I could have imagined that day, leagues. President. Throughout my time as a but in a towering testament to the vi- In a broader sense I wish to also Member of this august body, I have had brancy of the American dream, that thank all of those who serve under this the opportunity to spend more than 200 day came. After decades of experience hallowed dome with quiet and often hours in the Presiding Officer’s chair in the executive branch of Illinois gov- unheralded dignity and duty. The Sen- and have earned two Golden Gavels. I ernment, I was sworn in as a Senator ate floor staff, you all do a heck of a also had the honor of delivering our for Illinois, and this became my first job—the maintenance crews, the eleva- first President’s—President George introduction to serving as a legislator. tor operators, the Capitol Police, the Washington’s—Farewell Address on his It was the steepest of learning curves, Senate train drivers, the dining room birthday of this year to this august but with the warm assistance of my servers, and the scores of others whose body. From the chair, I have had the Senate colleagues, the steady support hard and important work ensures the opportunity to listen to the words of of my loving family, and the dedication smooth and constant operations of the my colleagues and reflect upon the of my tireless staff, I could not be more business that takes place within our great debate that unfolds each and proud of what we have been able to ac- Capitol. every day—as it has always done complish together. As I stand to address this Chamber throughout our Nation’s history—in To my family, my friends, and my for the last time, I cannot help but re- this, the greatest deliberative body in staff I owe the deepest thanks. My wife flect on the unlikely path that led me the world. Berlean has always been by my side, to this point and upon the challenges We come to this Chamber from every and I will always be grateful beyond we continue to face. When I first came State in the Union—Democrats, Repub- words for her constant support. My to the Senate nearly 2 years ago, our licans, and Independents alike. Each of son, Roland II and his wife Marty, and Nation was only days away from inau- us carries the solemn responsibility of my daughter Rolanda are the pride and gurating an African-American man giving voice to the concerns of those joy of my life. Of course, they were just from Chicago as the 44th President of we represent. Although we do not al- here yesterday, my two grandchildren, the United States of America. It was a ways agree, as the debate on this floor Roland Theodore and Ian Alexander, to national milestone I never thought I will often show, I am always struck by whom I dedicate my service and for would ever live to see, an incredible the passion that drives each and every whom I have the greatest hopes and moment that speaks volumes about the Senator to stand in this singular place even greater expectations. progress our country has made even in in the world and to speak their mind. To my friends and supporters from my lifetime. It is this passion that will always de- Chicago to Centralia, I will never for- As a child, I knew the injustice of fine this Chamber for me. For all the get your smiles and your kind words segregation. When I was only about 15 weight of history—for all the great and during even the most difficult of times. years old, I helped integrate the swim- eloquent sentiments that have been ex- To my staff, in DC and those in Spring- ming pool in my hometown of pressed by our forefathers—on a funda- Centralia, IL. Although that incident mental level this remains a very field, Moline and Carbondale, you have drove me to pursue a life of public serv- human place. been some of the most dedicated, tal- We stand today, as the Members of ented, and professional individuals ice—dedicating myself to the goals of this body have done frequently with whom I ever had the privilege to becoming both a lawyer and a state- throughout our great Republic’s his- serve. From the front office staff as- wide elected official—there was never tory, at a critical moment. Partisan- sistants and interns answering the end- any guarantee that such a path would ship and obstructionism threaten to less ringing telephones, to my circle of be open to me. There were no people of somewhat paralyze this great institu- senior advisers who gave me wise and color in elected office in those days, es- tion. But it is a testament to the inher- thoughtful counsel throughout, my pecially not in Illinois and not in ent wisdom and durability of the Sen- team has been indispensable to me, and Centralia, and there was no path to fol- ate—of the rules and the tradition that they have all served the people of Illi- low. So I knew from the start that I govern this institution—that even in nois with distinction. I am deeply would have to blaze a trail. the face of great discord we have had grateful for their service. Despite the lack of established role the high privilege of serving in the Madam President, I ask unanimous models, my parents provided nothing most productive Congress in genera- consent that the complete list of my but support and encouragement. They tions. staff be printed in the RECORD fol- nurtured my dreams and helped me de- Despite our many differences, I be- lowing my remarks. velop the skills to achieve them. In the lieve the men and women who make up The PRESIDING OFFICER (Mrs. end, they and my older brother Earl, this Senate remain its greatest HAGAN). Without objection, it is so or- who is now deceased, and my sister strength. It has been the honor of my dered. Doris, God bless her, who is still living, lifetime to once again represent the (See exhibit 1.) were the only role models I needed. The people of Illinois and to do so in the Mr. BURRIS. Thank you, Madam values they instilled in me—of hard Senate. First, as a cabinet member for President. work, determination, and unwavering our Governor, as the Illinois State I wish to extend a special word of dedication to principle—have guided comptroller, and as Illinois attorney gratitude to my old friend who is sit- me throughout my life, and the same general, the people of my State placed ting right there, the Sergeant at Arms, values have driven me to take an inter- in me a sacred trust and one that Terry Gainer; the Secretary of the Sen- est in the next generation. throughout my 30 years in public serv- ate, Nancy Erickson; the secretary for It is that focus on the future that ice I made into my life’s work: to serve the majority—where did she go—Lula drives all of our legislative energy, to the people of my State to the very best Davis; for their many kindnesses, and a constantly improve the quality of life of my ability. thank-you to the Senate Chaplain, Dr. for the generations to come. In my younger years, shortly after Barry Black, for his counsel and pray- Not too many generations ago, my graduating from law school at Howard ers during my time here. family roots told a different story. I University, not far from where we I also wish to acknowledge my fellow stand in this Chamber as the great- stand today, I was turned off by a city freshman Senators: Senators BEGICH, grandson of a man who was born into with far too much government. I head- BENNETT, FRANKEN, GILLIBRAND; the slavery, in an era when this Senate de- ed to Chicago, convinced that I would Presiding Officer, the North Caro- bated whether he and others like him not return to this city unless I could be linian, Senator HAGAN; as well as Sen- were worthy of freedom and equal an effective and meaningful part of the ators MERKLEY, SHAHEEN, MARK UDALL, treatment under the law. Yet today I solution to the many challenges we TOM UDALL, MARK WARNER, and our stand among my colleagues on the Sen- face and dreaming of a time I might just departed Senator Kaufman from ate floor, a Member of the highest body come back to Washington as a Senator Delaware. They are tremendous indi- of lawmakers in this land. In some or as Vice President of the United viduals possessing incredible talents ways, this is a remarkable testament States. and have been a very supportive group to our Nation’s ability to correct the

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8012 CONGRESSIONAL RECORD — SENATE November 18, 2010 wrongs of generations past, to move al- Have our destructive politics left this dividuals to have an opportunity to ways toward that ‘‘more perfect great body locked in a stalemate—un- serve in the military service, regard- Union.’’ able to move forward, because of the less of their sexual orientation. Don’t However, in other ways, it is a sol- petty obstructionism that has taken be surprised if I come back for that emn reminder of how far we still have root? vote. I am from Chicago, and I will yet to go. In a country as progressive Or can this Chamber be made to ad- vote twice. I supported major credit and diverse as any on this planet, I am dress these problems once again? Can it card reforms, to prevent credit card today the only Black American Mem- be redeemed, by the good people who companies from abusing their cus- ber of this Senate. Aside from myself, I serve here? tomers; fought for equal pay and bene- can count the number of Blacks who I have confidence that it can. fits for women, to cut down on work- have served in this body on the fingers It will require the concerted effort of place discrimination; fought for addi- of a single hand: Blanche K. Bruce, all one hundred Senators to overcome tional impact aid funding, to shore up Hiram Revels; Edward Brooke, the last the partisanship that has paralyzed federal support for school districts that from Illinois, Carol Moseley-Braun, this chamber, and the obstructionist serve military communities and other and our President, Barack Obama. tactics that have become the rule rath- Federal activities; honored the accom- Throughout 220 years of Senate his- er than the exception. plishments of pioneers like Vice Admi- Colleagues, this is the moment to tory and 111 Congresses, only six Black ral Samuel Gravely, the first African summon the strength of our convic- Americans have been able to serve. American to serve as a flag officer in This is troubling in its own right. But tions, and fight for what we believe in. This is the hour for principled leader- the Navy, and the Montford Marines, when the 112th Congress is sworn in the first African-American Marine di- this coming January, there will not be ship, originating right here in the U.S. Senate. vision; supported the Matthew Shepard a single Black American taking the Act, which will help make sure those oath of office in this Chamber. But even as we look to the future and debate the agenda for the upcoming who target people based on sexual ori- This is simply unacceptable. We can entation, race, or other factors are and we will and we must do better. In year, I must note with regret that my brought to justice; raised my voice on this regard, and in others, our political time here is nearly at an end. behalf of Main Street, and all those process has proven less successful and Serving as a Member of this body, who have been left behind in our con- less representative than it ought to be. alongside so many fine colleagues who tinuing economic recovery, so that ev- Although I have never allowed my race have become good friends, has been the eryone can share in the benefits; intro- to define me, in a sense it has meant honor of a lifetime. Together we have achieved passage of duced legislation calling for the De- that my constituency as a Senator has the most ambitious legislative agenda partment of the Interior to study a his- stretched far beyond the boundaries of since the Great Depression. And a toric site called New Philadelphia, IL— Illinois. Letters, e-mails, and telephone calls great deal of the credit for our success the first settlement founded by a freed have poured in to my office from Black is owed to Leader HARRY REID. African-American slave—for its preser- And I am proud of every vote I cast Americans from all across the country, vation as part of the National Park in the name of the people of Illinois, and at times, as I have tried to bring system. and proud of the more than the 60 bills their voices to this Chamber, I have I hope, as a legacy to BURRIS, that I sponsored and over 300 I have cospon- acutely felt the absence of any other someday that legislation will pass. sored. Black person to represent them. I raised awareness of youth violence, In the 22 months I have been a Mem- Our government hardly resembles the which threatens our children and tears ber of the Senate, I have advocated for diverse country it was elected to rep- our inner cities apart—and must be comprehensive health care reform de- resent. Partisan bickering has driven stopped; fought for veterans’ benefits, signed to meet the goals of a public op- moderates out of both parties and including the implementation of the tion, and fought to address health care made principled compromise more dif- new GI bill, so we can honor the service disparities that separate minority com- ficult for those who remain. Too often of those who defend our freedom. munities from the population as a our politics seem to have become a And now, as we ready to close the whole; pushed for redirection of sub- zero-sum game. It is easy for people to books on the one hundred and eleventh sidized funds that made $68 billion believe that the best argument or the Congress and the long and significant available for new Pell grants and ex- plainest truth would not necessarily chapter of legislative accomplishment, tended new opportunities for minority win the day anymore. In such a de- it is time for a new class of Senators to students to attend historically Black structive political environment, people join this fight. colleges and universities, and predomi- are often left wondering who will speak I am deeply grateful to my friends on nantly Black Institutions; stood up for up for them. And the media certainly both sides of the aisle for the passion minority-owned businesses, and made isn’t blameless. News outlets which they bring to their work every day. sure they will have equal opportunity could play a critical role in educating I have witnessed it from the Pre- to share in America’s renewed pros- the American public with facts too siding Officer’s chair—and have had the perity as our economy continues to re- often bow to ratings or quick sales and, privilege not only to watch the debate cover; worked hard to extend unem- in the process, end up choosing to pur- but to take part. ployment insurance, improve access to sue the entertainment value of conflict But now it is time for me to find new COBRA benefits, and create jobs for over thoughtful analysis. ways to serve. This is the harsh reality we face. the people of Illinois and across the This is the arena where great ideas America just can not afford this any country; voted for the sweeping stim- are put to the test, on a national stage. longer. We should check these notions ulus package that brought this country This is where our identity is forged at the cloakroom door. back from the brink of economic dis- anew, every day, and where our prin- This is a critical moment. aster and started us on the road to re- ciples are challenged. So I believe it’s the responsibility of covery; introduced legislation that It is the heart of our democratic everyone in this chamber to take own- would improve transparency and ac- process. And although there will be few ership of this process once again, to countability as stimulus dollars are easy solutions for the problems we demonstrate leadership, and pledge a spent, so the American people can keep face, I will never forget the courage return to more responsible rhetoric, their elected officials honest; cospon- and patriotism that I have seen from and more responsive government. sored legislation to repeal the mili- countless citizens of Illinois and Amer- What we face is a test—not only of tary’s discriminatory don’t ask, don’t ica over the course of my time here. our willingness to meet the challenges tell policy, so all of our soldiers, sail- This is a trying time for our Nation. we face, but of the democratic institu- ors, airmen and marines can serve But as long as the American people tions designed to cope with these chal- openly and had a press conference on have the wisdom to elect leaders like lenges. that. the ones I have come to know in this Here in the U.S. Senate, this ques- I say to my colleagues, don’t fili- Chamber—and as long as this Senate tion is paramount. buster that issue. We need all of our in- remains true to the people we serve—I

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8013 will never lose faith in our ability to Mrs. HAGAN. Mr. President, today I that they were not able to pay back overcome these challenges together. rise in support of S. 510, the FDA Food their operating loan. These are my parting remarks from Safety Modernization Act, and also in In fact, they had to borrow more this body. I treat this as an oppor- support of an amendment I cosponsored money to stay in business. With very tunity of a lifetime, and I treat this with my colleague from Montana, Sen- narrow profit margins, the massive re- with great respect and dignity for all of ator JON TESTER. calls such as this certainly can jeop- those I have worked with and have Each year, upwards of 70 million ardize the financial stability of farms come to know in this body. Americans are sickened from foodborne that have been in families for genera- With that, I thank the Chair, I thank illnesses. Thousands of the most vul- all my colleagues, and I yield the floor tions. That is why I think the FDA nerable, including children and the el- needs to be very sure about the source for the final time. God bless you all. derly, die. I do not think there is any- Thank you. of a foodborne illness when it insti- one who has not heard of the massive tutes a recall, and why I fought hard to EXHIBIT 1 recall of millions of tainted eggs that OFFICE OF SENATOR ROLAND W. BURRIS STAFF include a provision in this bill to look sickened nearly 1,500 people. We need at new and existing mechanisms avail- LIST to find a better way to protect Ameri- WASHINGTON DC OFFICE able to provide restitution. cans from these tragic deaths. Dori Alexandre, Legislative Aide; Roo- During the HELP Committee’s con- Specifically, the language in this bill sevelt Barfield, Military Legislative Assist- directs the GAO to conduct a review ant; Eleanor Bastian, Legislative Assistant; sideration of the bill late last year, we had the opportunity to hear from Dan within 3 months on new and existing Charles Brown, Legislative Assistant; Nich- mechanisms available to provide res- olas Catino, Legislative Aide; Nate Davern, Ragan, director of the North Carolina Legislative Aide; Cynthia Dorsey, Intern Su- Department of Agriculture and Con- titution in the event of an erroneous pervisor; Amanda Fox, Legislative Assistant; sumer Services Food and Drug Protec- mandatory food safety recall. If such Joel Griffith, Staff Assistant/Driver; Cristen tion Division, about the innovative mechanisms do not exist or are inad- Hall, Counsel/Legislative Assistant; Giana steps that North Carolina is taking to equate, then within 90 days the Sec- Hutton, Staff Assistant; Renee Johnson, retary of Agriculture must conduct a Legislative Aide; Andy Keeney, Correspond- prevent and address food safety prob- lems. North Carolina was one of the feasibility study on implementing a ence Manager; Brady King, Chief of Staff; restitution program. Ursula Lauriston, Deputy Press Secretary; first pilot States for the Manufactured Ken Montoya, Legislative Director; Kyle Food Regulatory Program Standards, One false recall can put a family Moore, Military Fellow; Terry Mullan, Leg- MFRPS. And North Carolina has a ro- farm out of business. And while I sup- islative Aide; Robin Nichols, Director of bust training program for those dealing port giving the FDA mandatory recall Scheduling; Jim O’Connor, Communications with food safety issues. I am proud authority, I want to make sure there Director; Ford Porter, Legislative Aide; that my State is leading the way for- are enough protections in place for Aleysha Proctor, Administrative Director; ward in trying to prevent and quickly farms such as the Patterson farm, Shomaila Sharif, Deputy Administrative As- which were brought to the brink of sistant; Stephan Tibbs, Special Assistant. address foodborne illnesses. bankruptcy through no fault of their CHICAGO OFFICE At the same time, North Carolina is Rachelle Badem, Grant Coordinator/Spe- a farming State. And in my State, we own. This study language is an impor- cial Assistant; Matt Berry, Outreach Rep.; have honest farmers who work very tant step in ensuring that farmers are Jacqueline Dawkins, Constituent Service hard to make a living. Unfortunately, treated fairly. Agent/Outreach Rep.; Scott Kagawa, Out- oftentimes when there is a food safety I am also pleased to be a cosponsor of reach Rep.; Rodney LaBauex, Staff Assist- breach followed by a massive recall, the amendment by my colleague Sen- ant; Jazmine Hasty, Small Business Out- the producers or farmers suffer dire fi- ator TESTER, which will be included in reach Rep.; Frank S. McClatchey, Small nancial consequences. Farmers are at the final bill. While I believe strength- Business Coordinator; My’Ron McGee, Con- stituent Service Agent/Outreach Rep.; the front of the food supply chain and ening our food safety standards and Kristina Michell, Constituent Service Agent; frequently are not responsible for the giving FDA the enforcement authority Jason Miller, Constituent Service Agent; food safety breach further down the it needs is critical to ensuring public Richard Porter, Director of Outreach; Chris line. safety, this bill would have imposed Russo, Special Assistant; Kenneth Sawyer, Many farmers in North Carolina are Federal regulation on even the small- State Director; Tami Stone, State Sched- still struggling, particularly after the est food producers, including family uler; Audrey Till, State Press Secretary; salmonella outbreak at the Peanut farms. Zorie Valchev, Constituent Service Agent; Corporation of America and after the Take, for example, a small family Erin T. Williams, Assistant to State Direc- massive recall of tomatoes nationwide tor; Marianne Wolf-Astrauskas, Office Man- farm in North Carolina that produces ager/Intern Coordinator. in 2008. homemade jams and jellies to sell on One such farm is Patterson Farms, a SPRINGFIELD OFFICE their farm, at the farmers market, or Ceceilia Haasis, Constituent Service third generation family-run farm in to the local food co-op. This farm Agent; Jamar Johnson, Constituent Service China Grove, NC. The family has been would have to register with the FDA Agent; Sally Millichamp, Constituent Serv- growing tomatoes since 1919 when and develop a costly hazard analysis ice Agent; Bradley Smith, Constituent Serv- James A. Patterson began growing and risk-based preventive control plan, ice Agent; Jimmie Voss, Downstate Director. vegetables. similar to the plans required of large CARBONDALE OFFICE Currently, Patterson Farms, Inc., op- food companies. Small producers in Dina Timmons, Field Rep./Constituent erated by James A. Patterson’s North Carolina already have to use a Service Agent. grandsons, Doug and Randall, grows North Carolina Department of Agri- Mr. BURRIS. I suggest the absence of about 350 acres of tomatoes, including culture-approved commercial kitchen a quorum. mature green, vine ripe, and Roma to- to make these products. The ACTING PRESIDENT pro tem- matoes. In addition to growing toma- pore. The clerk will call the roll. toes, the Pattersons grade, pack, and To allow small producers to remain The legislative clerk proceeded to ship their tomatoes across the United in business, this amendment ensures call the roll. States and Canada. Patterson Farms is that the smallest producers selling di- Mrs. HAGAN. Mr. President, I ask rectly to consumers can continue being unanimous consent that the order for currently the largest tomato grower in the State of North Carolina. regulated at the State level. Also, the quorum call be rescinded. farmers raising produce to sell directly The PRESIDING OFFICER (Mr. The 2008 erroneous safety citation for to consumers at farmers markets and UDALL of New Mexico). Without objec- tomatoes by the Food and Drug Admin- food co-ops face significantly different tion, it is so ordered. istration cost the Pattersons dearly. Mrs. HAGAN. Mr. President, as I see While consumer demand for tomatoes issues and pose less risk than those my colleague, Senator BURRIS, still on dropped between 50 and 60 percent, Pat- selling into the industrial supply the floor, I wish to thank him for his terson Farms lost hundreds of thou- chain, and should not be regulated in excellent work and his comments sands of dollars. The damage was so se- the same way. today. He will certainly be missed by vere that Doug and Randall could not North Carolina is a farming State, all of us. pay back their farm operating loan at and I value farming as an institution Mr. BURRIS. I thank the Senator the end of the year—marking the first that is central to my State and Amer- from North Carolina. time in the history of Patterson Farms ica’s history and our culture. In my

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8014 CONGRESSIONAL RECORD — SENATE November 18, 2010 State we have honest farmers who in the long term. We consistently do of how we ought to fix the real prob- work very hard to make a living. that in Washington. Consequently, the lems instead of the symptoms of the I believe, with the restitution study CBO put out the unfunded liabilities problems. language, and with the adoption of the for Medicare, Medicaid, and Social Se- The other thing that truly is not ad- Tester-Hagan amendment, this food curity yesterday. It is now $88.9 tril- dressed is the long-term criticisms the safety bill strikes the right balance be- lion. It was $77 trillion last year. It was GAO has continually made on our food tween protecting the public health $63 trillion the year before. So we are safety. Senator HARKIN has the best from foodborne illnesses while ensuring up $26 trillion in unfunded liabilities idea of all, but he could not get every- our Nation’s farmers can continue to that we are going to pass on to our kids body to do it; that is, an independent feed Americans. in 3 years because we continue to think food safety agency, to where we are not f short term instead of long term. relying on the CDC, we are not relying Then, the fourth thing is to have the on the FDA, we are not relying on the RECESS courage to stand and say: No, we Department of Agriculture, that we The PRESIDING OFFICER. Under should not do things that address the put them all into one and say: You are the previous order, the Senate stands symptoms; we should address the un- responsible for food safety. But he in recess until 3 p.m. derlying problems. No, we should not could not sell that. Thereupon, the Senate, at 12:33 p.m., think short term or parochially; we Ask yourself the question: If you had recessed until 3 p.m. and reassembled should think long term and address three different agencies stepping all when called to order by the Presiding that issue. over each other with different sets of Officer (Mr. FRANKEN). As to the food safety bill, all my col- rules with agreements between them- f leagues are very well intended in terms selves that they will do certain things, of what they are trying to accomplish and then they do not do them—that, by FDA FOOD SAFETY MODERNIZA- with it. But there are some facts we the way, is why we had the salmonella TION ACT—MOTION TO PRO- ought to be realistic about. We could problem; they did not follow their own CEED—Continued spend $100 billion additionally every protocols to notify the FDA of the The PRESIDING OFFICER. The Sen- year and not make food absolutely problem—most commonsense thinking ator from Oklahoma. safe. There are diminishing returns to people would say: Well, maybe you Mr. COBURN. Mr. President, I ask the dollars we spend. But if you look at ought to put all those things into one unanimous consent that the order for what the case is: In 1996, for every agency, with one boss and one line of the quorum call be rescinded. 100,000 people in this country, we had accountability and responsibility. The PRESIDING OFFICER. The Sen- 51.2 cases of foodborne illness—the best So Senator HARKIN is absolutely ate is not in a quorum call right now. in the world, by far. Nobody comes right in where he wants to go. We are Mr. COBURN. Oh, very good. Then I close to us in terms of the safety of our going to spend $1.5 billion over the next withdraw my request and ask that I food. But, in 2009, we only had 34.8 5 years on this bill that does not ac- might be recognized. cases—three times better than anybody complish what we need to accomplish, The PRESIDING OFFICER. The Sen- else in the world. So the question has which is what Senator HARKIN wants to ator is recognized. to be asked: Why are we doing this now do—and he is right—and we are not Mr. COBURN. Thank you, Mr. Presi- when, in fact, we are on a trendline to going to fix the criticisms that have dent. I wish to spend a few minutes dis- markedly decrease it? The second ques- been leveled against the agencies by cussing the bill that is before us. Hav- tion that should be asked is: No matter the GAO for 8 years, in spite of the ing been a manufacturing manager for how much money we spend, is there a fact, as I stand here and am critical of 10 years, producing products that came diminishing return? different agencies, they actually have through the medical device industry, There are a lot of things in this bill done a very good job. That is known by and having dealt with the FDA as a that I agree with—a lot. I think foreign the fact that our incidence of manufacturer and then having dealt food ought to be inspected before it foodborne illness is now less than 34 with the FDA and the consequences of comes into this country and I think per 100,000 people. Think about that. the FDA as a physician over the last 25 those who want to sell products in this Think about all the sources of food we years and then looking at this bill that country ought to have to demonstrate get in this country and the diverse is on the floor today, I think it ad- the quality of it and I think the cost of places they come from. Yet only 34 peo- dresses three things I have talked that ought to be on the person selling ple get a staph poisoning or a about, especially in Oklahoma over the the food, not on the American tax- nontoxigenic E. coli poisoning or a sal- last year. payer. But ultimately that cost will be monella poisoning or a Yersinia poi- Everybody recognizes this Nation is added to the cost of the food. soning or a Shigella poisoning in a at a critical point—fiscally, inter- I think the recognition of peanut al- year. So that is the incidence of illness. nationally. From the standpoint of for- lergy is a realistic one, and I under- The question is, How do we stop the eign policy, it has been impacted by stand the purpose for wanting a grant 10 or 20 deaths a year from foodborne our fiscal problems. But there are three for that. But as I read the Constitu- illness? Can we do that? Well, as a phy- structural reasons why I think we are tion, that is a State function. That is sician trained in epidemiology, we there, and I think we need to learn not our function. The other thing that could do it. But I will posit we do not from them. This bill provides us a bothers me about the grant proposals— have the money to do that because it great example. I walked out of the deficit commission would take billions upon billions upon The first is, as a physician—and I to come over here. I have spent 8 billions of additional dollars to ever knew it as a business manager—you months in that commission looking at get there. So we find ourselves in a di- have to fix real problems. If you fix the the problems in front of this country. lemma. symptoms that have been created or We cannot afford another grant pro- I commend to my colleagues the re- the circumstances that have been cre- gram. We do not have the money. ports GAO–09–523, GAO–09–873, and ated by the real problems, you will So we can say we are going to au- GAO–05–213. make things better for a while, but you thorize it in this bill, but, do you know The GAO does a wonderful job telling actually will not solve the underlying what, it is not going to get funded next us where we are failing, and we ought problem. What happens when you do year because we do not have the to address everything they raised in not solve the underlying problem and money. When the interest rates sky- these reports. fix the symptoms is, you delay the rocket in less than a year from now be- Even further than that, Dr. Hamburg, time and you also increase the con- cause of our misplaced spending over around the time we were having the sequences of not fixing the real prob- the past 20 years and our continued salmonella with the eggs problem, re- lems. short-term decisionmaking instead of leased an egg standard. The bureauc- Second, if you only think short term, long-term decisionmaking, our situa- racy took 11 years to develop that you do not have the planning strategy tion is going to grow even darker. So standard. That falls on the shoulders of with which to do the best, right thing this bill provides a wonderful example President Bush’s administration as

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8015 well as this one. I am proud of her that ordinated foundation upon which we do and focused to real problems, not the she got it out. But the fact is, 11 years recalls, as we do now. We have not had symptoms of the problems. It is my to do what you are responsible for, to one instance ever when a food needed personal belief—that we are targeting get an egg standard so we do not have to be recalled that wasn’t voluntarily symptoms and not the real problems significant salmonella poisoning com- recalled. with this bill. ing from eggs? Then, lo and behold, What I worry about is the fact that Senator HARKIN has bent over back- after the egg standard is out, the FDA we will have recalls that are mandated ward to work with me. He is an honor- inspectors on farms in Iowa are vio- much too soon on the wrong products able man. He is interested in food safe- lating their own protocols, cross-con- at the wrong time. We don’t have a ty and the welfare of this Nation. No- taminating egg farms, as documented track record that says the government body should ever say otherwise. But in the press. needs additional power. As a matter of my experience leads me to believe it It is not a matter that we do not fact, the FDA doesn’t say they need ad- isn’t going to accomplish the very pur- have enough rules and regulations. ditional power. pose he wants to accomplish, and my That is borne out by the fact that we So let’s summarize for a minute. recommendation is to go back and are continually seeing a decline in Where is the crisis in food safety, when work in the new Congress to develop a foodborne illness. That is not the real the science demonstrates that we have true food safety center organization problem. The problem is effectively the safest food in the world and we are within the Federal Government that carrying out the regulations that are on a trendline to have it even safer? combines all the factors. there today. So we have a bill on the Where is the cost-benefit analysis in Do my colleagues realize right now terms of what we are going to get from floor that has 150 to 170 pages—I cannot when we buy a pizza at the grocery spending another $1.5 billion in terms recall exactly how many it is—here it store, if you buy a cheese pizza it of lowering that number? There is is. It is 266 pages of new regulations, comes through the FDA, but if you buy nothing in this bill to show that. What new rules, new requirements. a pepperoni pizza, it gets approved by Let me tell you something else I is in this bill are tremendous new sets the U.S. Department of Agriculture? of regulations and authorities on top of learned about dealing with the FDA. How many people in America think the authorities that both the CDC, The FDA overall in this country does a that makes sense? FDA, and Department of Agriculture fantastic job. They do. They are very The other thing with this bill—and I already have, that I don’t believe—and professional. They are very slow some- will finish with this and then yield the I agree I am in the minority on that, times, but they are very professional, floor—is this bill wants more inspec- but I am trained in the area of medi- and they are very cautious. In this bill tions. That is great. There is no ques- cine, science, and epidemiology—I is a mandate to require recalls. Not tion that inspections will help; the don’t believe we are going to get a sig- once in our history have we had to question is what is the return on the nificant cost-benefit from it. force anybody to do a recall. It has al- We are going to feel better because dollars we spend for it. But if we are ways been voluntary, and you can we did something. But, again, that goes going to use more inspections, there is check with the FDA on that. They do back to the first three principles. If we not nearly enough money in this bill to not need that authority. Why don’t don’t treat the underlying problem—in do it effectively. That is what we are they need that authority? Because if other words, have the oversight hear- going to trust. Let me tell my colleagues why I you have a problem with your product ings to make sure the agencies are ac- think we have the safest food in the in the food system in this country, you tually carrying out their functions are going to get sued. You are going to every day on a thorough basis that can world: because we have the best legal get fined if you do not recall that prod- be vetted and making sure we are doing system in the world. That is why we uct. the right things to create the opportu- have the safest food, because the mar- What is wrong with a potential man- nities to have safe food—we are not ac- ket forces applied on somebody selling datory recall? What is wrong is it is complishing anything, but we are going food into our commerce are so great going to markedly raise the cost of to feel better. But do we know who is and the consequences legally are so foods. Let me explain why. It is called going to feel worse? Our kids. Because negative that it is only in their best in- Coburn’s bureaucratic principle: Do they are going to pay—if we appro- terests to bring a safe product to the what is safe first in the bureaucracy priate this money, and I highly doubt a market. When we have food scares, rather than what is best. good portion of it will be appro- most of the time it is not an inten- Here is what I imagine happening priated—they are going to pay for it. If tional act that created the problem, it with a mandatory recall. Because we you followed last week in international is an unintentional act. It is a failure have a problem, we are going to recall finance, the scare over Ireland’s ability of someone in carrying out a protocol something and we are going to force a to repay its debt, and the pressure it that should be established. mandatory recall. Even though they had—and we got good news on the eco- Under this bill, anybody who sells may recall it voluntarily, somebody is nomic front today—good news, and it is more than $500,000 worth of food—that going to pull the trigger earlier, be- welcome news by all of us. But the fact is almost every Amish farmer in Amer- cause they don’t want any criticism. is, what is happening in Ireland and in ica—a co-op of Amish at every farm— There is a great example for that. How Greece and Spain and Portugal is get- will have to have a detailed, laid-out many people remember the toxigenic ting ready to happen to us. And this is plan, written down, double checked, E. coli jalapeno pepper episode? Vol- a small example of why—very good-in- cross checked and everything else. untary recall for tomatoes, because we tentioned, well-intentioned people try- What do my colleagues think that is said it had to be in the tomatoes, so ing to do the right thing, fixing the going to do to the cost of food? Do my they did that. That cost $100 million to symptoms instead of the underlying colleagues think as we implement new the tomato farmers in this country and problem. regulations, those costs aren’t going to didn’t save one life, because they got it Our answer is more regulation has to be passed on? So as we grow the gov- wrong. They discovered about 10 days be the answer. That is what we did in ernment, if, in fact, we are treating after that, it wasn’t the tomatoes, but the financial regulation bill. That is symptoms and not underlying prob- the damage was already done. I can re- what we did to the SEC after Bernie lems—and I don’t have any problems member I ordered my hamburger in my Madoff. Everybody knows the SEC was with regulations that address real special place in Muskogee, My Place alerted several times, but they didn’t problems—all we are doing is raising BBQ, and I couldn’t get a tomato on it. do their job. Consequently, we put all the costs and making ourselves less The reason we couldn’t get a tomato— of these new rules and regulations to competitive, decreasing the number of there wasn’t anything wrong with to- not let another Bernie Madoff scandal jobs that are available in this country, matoes in this country; it was because happen when we should have been hold- and not truly ensuring an increased a recall had been suggested by the FDA ing people accountable for not doing level of safety with our food supply. and the tomato growers responded. their jobs. It is hard to dispute the facts about So what we are going to see is a I am not against regulation, but I our incidence of foodborne illness. One heavy hand rather than a working, co- think it ought to be smart, targeted, case is too many. But we don’t have

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8016 CONGRESSIONAL RECORD — SENATE November 18, 2010 the resources to make it where there is our Nation’s food safety system. The So why do these businesses that are not one case, even. It is the same ques- last time the FDA’s law related to food so clearly concerned about their bot- tion on homeland security. Can we ever was changed in any substantial way tom line care about passing this bill? spend enough money to 100 percent was 1938. Think of how things have Guess what. These bad actors—whether guarantee that we won’t have another changed since that time: food coming it is the peanut butter factory in Geor- terrorist attack? Anybody who looks in from all over the world. We think gia or whether it is the egg place that at it says no, we can’t do that. It is the about all of the new producers and the had rats in it—these bad actors hurt all same with food. For every additional new processing plants and the new the good actors out there, the good dollar expended, what is the return to kinds of food we have that weren’t food producers and good farmers and the American consumer for that? available in 1938. An overhaul of the all of the companies that put in safety If it were an achievable goal to elimi- food safety system is long overdue, and measures. That is why the companies, nate all foodborne illness, I would be so is the passage of the Food Safety the grocery stores, SuperValue, and right there with you. It is not achiev- Modernization Act. Food safety reform these kinds of companies want to get able. It is going to happen. The ques- should have passed Congress and this bill passed. They think having bad tion is: Can we continue on a slope to should have been signed into law food out there is not only bad for con- continue to decrease the frequency months ago. I have stood in this Cham- sumers when they get sick or die, but where we have the least amount for the ber many times saying the same thing. it is bad for their bottom line. That is dollars we spend? There is a balance, Each time, each month, something new why there is industry support for the and we need to be there. I will take the comes up where people get hurt or peo- bill. criticism of my colleagues that they ple die. Whether it is jalapeno peppers Finally, this legislation addresses a think we need to spend this additional or peanut butter or more recently eggs, very serious issue—and this was the $1.5 billion to get it further down the these outbreaks of foodborne illness most difficult thing to hear from my road. But I still raise the question of and nationwide recalls of contaminated friend from Oklahoma. You all know in how we cut it in half over the last 9 food highlight the need to better pro- our State about the case of Shirley years—or 5 years—and didn’t spend tect our Nation’s food supply. We need Ahlmer, a grandmother. She fought anything. So we are on a good trend. to fix it. cancer and survived it. She was ready We are, unfortunately, going to have The good news is we know how we to go home for Christmas, and she ate complications with our food supply, can do it and we have legislation sit- a little piece of peanut butter toast. but we have a great legal system where ting right here on the table that could That grandmother died because of that we have bad actors such as the peanut go a long way toward helping families peanut butter toast. butter factory in Georgia which is now at their own kitchen tables. The bad I don’t want to hear about how it is news is this legislation has been stalled shut down, in bankruptcy, and people not worth it for the people of America, in the Senate since last November. are going to jail, because they inten- that it is going to cost the people of This legislation is, first of all, com- America, until you talk to Shirley’s tionally violated the rules we have prehensive. It covers everything from son Jeff and find out what it cost his today. But how did they intentionally ensuring a safe food supply at the front family because there wasn’t an ade- do it? Because we didn’t have effective end to ensuring a rapid response if quate food inspection system in this carrying out of the regulations we have tainted food gets into the supply chain. today. I wish to respond to a few points my country. That is what this is about. One other thing that was not true I appreciate the great manner in colleague from Oklahoma raised. First which Senator ENZI and Senator HAR- he noted that somehow the FDA didn’t was when my colleague from Oklahoma KIN have worked with me. I have an- need the authority to recall. In fact, talked about the tomato recall. That other amendment I wish to offer on right after the last outbreak, the egg was true, and it was misdiagnosed. this bill. Everybody knows what it is. issue, the eggs in Iowa, the FDA Com- They said the wrong thing. It was actu- It is an earmark amendment. I under- missioner came out and said she needed ally jalapeno peppers. They said it was stand the disdain for having to vote on additional authority to do a recall. So tomatoes. Why should we keep the same food that and I understand the procedural let’s set the record straight on that. moves that will be made for that, but That was wrong. system in place now if people are out we are going to vote on it. We are Secondly, I would point out that this there calling the wrong card and say- going to suspend the rules to get the legislation is bipartisan. It has both ing tomatoes caused this and tomato first vote, but I can assure you in the Democratic and Republican sponsors prices go down and people who produce next Congress we are going to get an and it passed through the committee, them get hurt and instead it is up-or-down vote on it, and it is going the committee on which the Presiding jalapeno peppers? Meanwhile people to pass in this body because the Amer- Officer serves, last November with bi- are getting sick across the country. ican people expect it to pass. It is partisan support. Food safety is not a Why would the answer be that we have something we ought to put away until partisan issue and it shouldn’t be. It is a great system and let’s not change it? we get out of the problems we are in a national issue of public health and The answer is we have to change the nationally. public safety. Do my colleagues know system. I yield the floor and note the absence what else? It is a business issue. So The other thing is, both the peanut of a quorum. when I heard my colleague from Okla- butter contamination and the jalapeno The PRESIDING OFFICER. The homa talk about how somehow it was peppers, do you know who called it clerk will call the roll. going to hurt the bottom line, I wish to right? The State of Minnesota. It was The assistant bill clerk proceeded to know why the grocery stores of Amer- the University of Minnesota and the call the roll. ica support this bill. Does anyone Minnesota Health Department. None of The PRESIDING OFFICER. The Sen- think they are not worried about their it got identified until people got sick ator from Minnesota. bottom line? in the State of Minnesota. That makes Ms. KLOBUCHAR. Mr. President, I I would like to know why companies us proud of our State. But we would ask unanimous consent that the order such as General Mills support this bill, have rather not lost three people in the for the quorum call be rescinded. and why companies such as Schwan’s peanut butter crisis and said: Guess The PRESIDING OFFICER. Without in Marshall, MN, one of the biggest fro- what, we got it right. objection, it is so ordered. zen producers in the country—the No. 1 What we can do is take the system Ms. KLOBUCHAR. Mr. President, I issue they raised with me was passing we have in Minnesota, which is com- ask unanimous consent to speak for up this bill. Do you think Schwan’s is a mon sense, and instead of just having to 10 minutes. company that doesn’t care about the this problem sit on a county nurse’s The PRESIDING OFFICER. Without bottom line? desk, we have graduate students who objection, it is so ordered. You haven’t met their business exec- can work together and make calls and Ms. KLOBUCHAR. Mr. President, I utive, I say to my friend from Okla- figure out what caused this when peo- am here today to highlight the urgency homa. Their focus is on jobs, making ple got sick, and ask: What did you eat of passing the legislation to overhaul money, and producing a good product. yesterday? It is that simple.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8017 The part of the bill which Senator failure in Copenhagen, the admission of What Senator REID said may be true CHAMBLISS and I sponsored is to use the futility of unilateral climate ac- for the massive 1,000-page bills filled that model—not make every State do tion, the year of the skeptic, and the with mandates, taxes, regulations, bu- it but say, let’s look at the best prac- vindication at the ballot box that took reaucracy, and not much else. But it is tices in four regions of the country and place November 2. not true for the more subtle strain of see if we can improve the system so we With all this, one might be tempted cap and trade now moving through the can catch these illnesses quicker and to declare victory, and I have to admit EPA. respond better and have less people die that for a short while I did. It was a That is right; this backdoor cap and or get sick. year ago today that I gave a speech trade hidden behind an administrative When I look at all of the issues raised right here on the Senate floor, at this curtain. I can hear already what my by my colleague, the bottom line for same podium, noting that the tide friend, the EPA Administrator, Lisa businesses is this: Businesses in this in- turned decisively against global warm- Jackson, would say: Senator INHOFE, dustry support this bill. When I look at ing alarmism. The year of the skeptic you know we are regulating in broad the issue of consumer safety, all you took place. daylight, and we are inviting public have to do is go and look at what hap- Just 2 days later, Climategate ex- comment and we are providing guid- pened to Shirley Ahlmer. ploded into view as thousands of e- ance. It is all aboveboard and out in When I look at the issue of what is mails were released that showed, at a the open. better for the consumers of this coun- minimum, the very scientific spokes- That may be true, and I trust that try, I don’t think anybody wants to get men for alarmism were scheming to Administrator Jackson wants the EPA block open and honest assessments of sick from eggs that have Salmonella. to be transparent. Unfortunately, this their work. Behind the veil of e-mail, It is unacceptable, Mr. President. bureaucracy has gotten to the point they showed their true colors: They I hope anybody who was listening to where transparency is virtually impos- weren’t acting as scientists but as po- my colleague from Oklahoma has also sible. litical hacks. They were scientists de- listened to this because it is very easy The reality is that backdoor cap and fending a political agenda. The agenda to make these claims. Let me tell you, trade is hidden behind acronyms such would virtually shut down America. one, the people who do this work say A lot of people realize and recognize as PSD, BACT, SIPs, FIPs, BAMM, they need more authority to do recalls that fossil fuels are necessary to run GHGRP, and the like and arcane legal and to do it right. The businesses that this machine called America. Right provisions in the Clean Air Act. It is are affected by the food safety out- now, 53 percent of our energy is gen- all a great muddle for bureaucrats and breaks need a better system. They erated from coal. Coal is necessary. We lawyers, but it is a profound disaster don’t want to get stuck in one from have clean coal technology, and the re- for jobs and small businesses in Amer- back in 1938. The people hurt by this, leases are much less than they used to ica. or family members killed by this, say be. Oil and gas are both fossil fuels. It Make no mistake, the intent and ul- we need improvement. That is why this is necessary. You cannot run this ma- timately the effect is no different than bill has bipartisan support and why chine called America without them. Waxman-Markey, which is to eliminate three-fourths of the Senate supported The damage has been done in terms fossil fuels and impose centralized bu- moving forward on the debate. of what was going on at Copenhagen. I reaucratic control over America’s in- I hope this delay will end and that we think the chapter on the climate dustrial manufacturing base. Unless we will get this done so that when families science wars has closed. Climategate stop them, that is what they will sit down for Thanksgiving dinner, they scientists and the allies want to keep achieve. will at least know there is hope in the fighting. They are particularly begging Of course, President Obama would future that we are not set back in the us to bring them before committees to say we could have avoided all this if we inspection system that we had in 1938. question their work. But we will not passed cap and trade. That is true. If I yield the floor. because they are now irrelevant. The we had done that, we also know it The PRESIDING OFFICER. The Sen- time to talk about this science is over. would not have preempted what EPA ator from Oklahoma is recognized. I will say this: Five years before would be doing. Mr. INHOFE. Mr. President, I ask Climategate, I gave a speech in the That is wrong on two counts. First, unanimous consent that I be recog- Senate and talked about what they what kind of a deal involves accepting nized as in morning business for such were trying to do to cook the science. a bad bill in place of bad EPA regula- time as I shall consume. Instead of talking about science, we tions? That is no deal at all. Secondly, The PRESIDING OFFICER. Without are talking about the economics of the supposed deal wasn’t an either/or objection, it is so ordered. what is happening now. We are talking proposition. Waxman-Markey didn’t GLOBAL WARMING about jobs, about competitiveness, and fully eliminate EPA’s ability to regu- Mr. INHOFE. Mr. President, as Mark manufacturing and small businesses late under the Clean Air Act. President Twain might have characterized where and real people who have to pay more Obama and cap-and-trade supporters we were a short while ago, reports of for electricity, food, and gasoline. wanted both options—cap and trade in- the death of cap and trade have been What do I mean? Even with all of the cluding regulation under the Clean Air greatly exaggerated. progress we have made—and while cap Act. It is true we defeated all the bills. and trade is dead, bureaucratic cap and Keep in mind we are talking about This was after the Kyoto Treaty, which trade is alive and well—what is hap- something that is very massive—the failed to even get recognized for discus- pening in this country is that we have largest single tax increase on the sion, let alone ratified. We had all the an administration with a majority in American people. When you talk about bills—the McCain-Lieberman bill, the Congress who tried to pass this legisla- $300 billion or $400 billion a year, you Lieberman-Warner bill, the Waxman- tively, tried to pass cap and trade. The have to bring that down and say: What Markey bill, and all of the others, and cost of cap and trade, we were finally does that mean to me? they were all killed. able to convince the American people— To the taxpayers in Oklahoma, it I can remember way back 8 years ago if you look at it not from what Senator would mean over $3,000 a year. What do when I was the only bad guy, the one JIM INHOFE says but what the econo- they get for it? Nothing. One thing I everybody hated. That is when I made mists say, what they said at MIT and like about Administrator Lisa Jack- an honest statement at the time that what they said at Wharton, if you pass son, the Administrator of the EPA, is perhaps what they were trying to do any of these cap-and-trade schemes, she is honest in her answers. I asked with the global warming was the the cost to the American people will be her the question: If we were to pass ‘‘greatest hoax ever perpetrated on the in the range of $300 billion to $400 bil- something like this, pass Waxman- American people.’’ lion a year. That is what they decided Markey and do something legisla- As time went by, more and more peo- they were able to do legislatively. They tively, how would it affect worldwide ple agreed. A lot of things have hap- thought we will do this—because we emissions of CO2. She said it wouldn’t pened. Just in the past year, we have control EPA, we will do it through the have much of an effect at all. The rea- had the revelation of Climategate, the regulations. son is we can’t do that in the United

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The U.S. Chamber of house gas rules, is being litigated, so would be going into areas where we Commerce has put together a list as to we will know eventually whether the have less controls. So that could very who would be affected by these new tailoring rule survives. I think it will well have—by banning it here, it would regulations and that thousands and be thrown out, but the fact it can be have an increase in the effect of CO2 thousands and thousands of new bu- thrown out should be enough for us to emissions. Most people understand and reaucrats would be crawling all over in be honest with the American people agree with that. America. The list includes 260,000 office and say we are going to regulate every- We have a long, difficult fight ahead. buildings, 150,000 warehouses, 92,000 thing that falls within the 250 tons—all It goes back to December of 2009 when health care facilities—that is hospitals the residences, the churches, and the EPA promulgated the endangerment and so forth—71,000 hotels and motels, farms I mentioned before. finding that CO2 endangers public 51,000 food service facilities, 37,000 Again, I want everyone to under- health and welfare. We know that find- churches and other places of worship, stand: The regulation of global warm- ing is wrong and based on flawed and 17,000 farms. ing by EPA, backdoor cap and trade, science. The EPA understands the political begins on January 2. It is here, a Before I went to Copenhagen last De- peril of regulating all these sources so month away. I am not the only one cember—first of all, what Copenhagen they decided to change the law without concerned about it. On February 19, is, that is the annual big party that the congressional authorization to exempt Senator ROCKEFELLER, joined by seven U.N. puts together—and they have done many of the sources I have mentioned, of his other Democratic colleagues, it for 15 years now—and they always but that is a front. It sounds good, and wrote Administrator Jackson. Keep in have it at exotic places. Next month it they will stand up and say, no, we are mind, this is coming from the Demo- will be in Cancun. Last year, before I not talking about 250 tons of CO . But crats here in this Chamber. He wrote: went there, I asked Administrator 2 the Clean Air Act specifically says that We write with serious economic and energy Jackson the very question: What does the major sources are those that have security concerns relating to the potential your endangerment finding—the way it the potential to emit 250 tons or more regulation of greenhouse gases from sta- happened, I say to you, was that we of given pollutants. All the farms, all tionary sources under the Clean Air Act. We had a hearing, a public hearing, live on remain concerned about the possible impacts TV, and Administrator Jackson was in the churches, as I mentioned, are going on American workers and businesses in a our hearing room. to be in that category. number of industrial sectors, along with the I said: I am getting ready to be the Two hundred fifty tons of, say, sulfur farmers, miners and small business owners one-man truth squad in Copenhagen. I dioxide or nitrogen oxide is a good deal who could be affected as your agency moves have a feeling when I leave, you are of pollution. But when it comes to CO2, beyond regulations for vehicle greenhouse gas emissions. going to have an endangerment find- it is not. Lots of facilities emit that ing. What would that be based on? The amount and more. We are talking We need to address this, because em- IPCC. schools, nursing homes, restaurants, ployers and small businesses are afraid To make sure everybody under- even individual residential sources, to hire and expand right now, in large stands, that is the U.N. That is what mind you, that were never con- part because of the EPA’s global warm- started this thing way back in the templated to be regulated when Con- ing regulations. They do not know 1980s. And so now that is established gress passed the Clean Air Act. what to expect. They are looking at and we know the science on which an So what did EPA do? Well, they pro- the Clean Air Act, that has a very endangerment finding is based, we go mulgated something called the tai- small threshold. Yet statements are to Copenhagen. It was almost the next loring rule. This gets in the weeds here, being made that this is going to affect day that climategate broke. Oddly but it is something they created to say, everyone and they don’t know what to enough, the timing couldn’t have been well, no, we are not going to use 250 do. better—I had nothing to do with it; I tons of emissions, we are going to use I want my colleagues and the Amer- was as surprised as anyone—because 75,000 tons. That means we are talking ican people in general to know that they came out and talked about the only the giants—the refineries and EPA is moving in all directions, be- flawed science that was there and the some of these groups. Well, the prob- yond just implementing job-killing fact they were cooking the science. lem with that is that is not what the global warming regulations. EPA is I have to say this. Five years ago this Clean Air Act says. threatening jobs on a host of fronts. A week, in 2005, I gave a speech on the Sources emitting above those few months ago, I released an oversight Senate floor talking about how they amounts have to get permits that re- report examining the thousands of jobs were cooking the science at the United quire so-called best available control at risk. And by the way, this is a good Nations—the IPCC—to make people be- technology to reduce CO2. Of course, we report. It talks about four major areas lieve that greenhouse gases—anthropo- don’t know what that is. It has never of concern, and they are all on my Web been defined. The EPA issued draft genic gases, CO2, methane—were caus- site at inhofe.senate.gov. Read them ing catastrophic global warming. That guidance on what they call the BACT— over, if you want to be scared. But here was their mission. They started with best available control technology—last is what I found: that conclusion and they tried to get week, but it provided no help, just The new standards for commercial science to support it. Well, all that was more confusion and uncertainty on industrial boilers, for example, put up exposed. what the requirements would be. to 798,000 jobs at risk. The revised Na- The list of IPCC errors is so long I Of course, they talk about the EPA tional Ambient Air Quality Standard won’t repeat it here, because I did so in has a law in front of it that says clear- for ozone puts severe restrictions on my speeches before. We know the claim ly the major sources are those that job creation and business expansion in that the Himalayan glaciers would have the potential to emit 250 tons or hundreds of counties nationwide. New melt by 2035 was off by about 300 years. more. Yet it says the new number is standards for Portland cement plants What is important now is that the 75,000 tons or more. So now the EPA put up to 18 cement plants at risk of endangerment finding triggered regula- can conveniently say that schools, hos- shutting down, threatening nearly 1,800 tions that will eventually reach out pitals, and the like won’t be regulated, direct jobs and 9,000 indirect jobs. into every corner of the American at least not until 2016, when the agency I think we should be concerned economy. This will be the greatest bu- says it will consider whether to regu- enough about the unemployment rate reaucratic intrusion into American life late such sources. that we have right now without exacer- we have ever seen. There is the catch. This supposed ex- bating that problem, which is what we Let us put some specifics on that. We emption through the tailoring rule do with these rules. I think everyone are talking 6.1 million sources subject only lasts for a few years, not to men- knows that. Where are these rules

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going to hurt the most? In the heart- the 21⁄2 hours I was on the ground in Co- rope, he participated in a number of op- land. By that I mean Pennsylvania, penhagen. I was preceded by Senator erations, including the wars in Kosovo, Ohio, Michigan, Indiana, Illinois, Mis- KERRY, Hillary Clinton, President Afghanistan, and Iraq. Today, Cragg is souri, Wisconsin, Nebraska, Minnesota, Obama, and several others—NANCY principal engineer for NASA’s Engi- and Montana. Of course, my own State PELOSI—and they were all assuring the neering and Safety Center, a center of Oklahoma is feeling the brunt, and other 191 countries present that we which NASA established after the 2003 others will as well. were going to do something about cap Columbia Space Shuttle tragedy. Clint Here is the bottom line. Backdoor and trade. I went there to make sure has given a lifetime of service to his cap and trade is alive and well. It is they knew we were not. I will always country since his graduation from the moving forward. The fight over the fu- remember that, because we had 400 peo- Naval Academy in 1978, and his service ture of America’s industrial base is ple and the 120 cameras were zeroing in was never more important than it was under way. I want to put the adminis- on me. I say to my good friend from when he took part in the worldwide ef- tration on friendly notice that I will Virginia, they all had one thing in fort to save the Chilean miners. investigate these rules vigorously in common: They all hated me. Clint and his colleagues were asked my capacity as the ranking member of That is behind us now and we have to by the Chilean Government to assist in the Environment and Public Works now look at the regulators. This regu- rescuing their 33 countrymen trapped Committee. I do this to expose their lation would put America out of busi- underground in a collapsed copper and impact on jobs, energy prices, competi- ness. gold mine. Clint rose to the challenge tiveness, small businesses, energy secu- With that, I yield the floor. and flew to Chile with three fellow rity, and the true extent of their envi- The PRESIDING OFFICER (Mrs. NASA employees to examine the scene. ronmental benefits. SHAHEEN). The Senator from Virginia. Using his experience as a commanding It is my sincere hope the EPA will Mr. WARNER. Before I get to my re- officer of a submarine in the Navy, pull back, revise, reform, and balance marks, Madam President, I want to Clint provided valuable insight to the its regulatory agenda to protect jobs as commend my friend, the Senator from miners on how to cope with the under- well as the environment. If the EPA Oklahoma, for his comments. I don’t ground existence they were in for a persists on moving down a more ex- always agree with him, but I have had sustained period of time. Clint and his treme path, then our 9.6 unemployment the opportunity to sit in the Presiding team also met with Chilean officials to rate will be even worse in 2012. Officer chair and listen to his views discuss the development of a rescue In an attempt to stem the impending over the last 2 years, and let me make squad capsule that at that time was a economic harm facing thousands of sure I make clear that his character- completely untested idea. small businesses, the EPA has devel- ization of some of those folks with Upon his arrival home, Clint received oped its so-called tailoring rule. I don’t those cameras, I would not fall into a message from the Chilean Health want to elaborate on this. I will only that category. Minister in which the Minister asked say that the tailoring rule is to make I also want to wish the Senator a for NASA’s help in thinking of specific people think we are only going to be very happy birthday. I understand it features that would make the rescue regulating those entities that emit was yesterday, and I wish him all the capsule idea a reality. Clint assembled 75,000 tons or more, when the law clear- best. Our offices are next to each other a team of 20 engineers, 10 from NASA ly says 250 tons or more. and we are good neighbors. Langley and 10 from around the coun- In some cases, these rules will have TRIBUTE TO FEDERAL EMPLOYEES try. They commenced brainstorming no meaningful environmental benefits. Madam President, I rise today to innovative ideas for a capsule design. Consider EPA’s rules to regulate green- continue a recent tradition of the Sen- This was thinking whole cloth. The house gases. They would reduce global ate—the tradition of honoring exem- only information the team had avail- temperatures by 15 one-hundredths of 1 plary Federal employees—my friend able was the capsule’s maximum length degree by 2100. That same figure goes Senator Ted Kaufman began last year. and the diameter of the rescue shaft all the way back to the consideration Senator Kaufman believes, as I do, that through which the capsule was re- of Kyoto. This is back in the 1990s. I re- our Federal employees deserve recogni- quired to fit. Seventy-two hours later, member at that time it was Vice Presi- tion for their admirable patriotism the team had a written, comprehensive dent Al Gore’s own scientist—Tom which drives them in their daily work report that included 75 proposals for Prigley, I believe his name was—who as civil servants. the rescue capsule. The paper con- came out and the question was if all of Senator Kaufman highlighted 100 cluded that the rescue capsule should the developed nations were to comply Federal employees in his close to 2 include a harness inside the capsule with Kyoto’s emission requirements, years of service—100 Federal employees that can hold a miner in case the miner how much would it reduce the tempera- with significant accomplishments in fell unconscious during ascent. tures in 50 years. The answer was 7 one- the fields of medicine, science, tech- I think we all remember those im- hundredths of 1 degree Celsius. So you nology, diplomacy, and defense. Today ages on CNN as they kind of drew up can talk about all the sacrifice we are I will start to continue that tradition. the capsule. I didn’t know, but that making and nothing good can come I am very proud that the first Federal capsule was designed by a Federal em- from it. employee I am going to have a chance ployee and his team we honor today. I want to conclude, because there are to honor is currently a resident of Vir- As the 33 men rose from beneath the a lot of people here wanting to speak, ginia who combined his engineering ex- Earth, Clint could take pride in his saying that the Administrator of the pertise with his past experiences in the work for NASA and in the knowledge EPA, Lisa Jackson, talks about the Navy to help save 33 Chilean miners that he and his colleagues had made fact that what we do unilaterally, here after they had been trapped 2000 feet the reunion between these men and in the United States, is not going to underground for 69 days. This was an their families possible. have a major impact on emissions na- incident that captured the attention of I was privileged to meet Clint Cragg tionwide, yet we know what it is going the world, as we all watched the rescue and his family and other members of to cost. I want to say we are going to of those miners. Again, I will only take the rescue team during a visit to NASA quit talking about the science. We un- a couple of moments to describe this Langley last week and present them derstand how the science is not on employee and how he contributed to with a framed American flag that had their side; that the things we said on that remarkable worldwide success flown at the U.S. Capitol in honor of the floor of the Senate 5 years ago were story. their contributions. The successful res- verified with climategate. They have Clint Cragg served in the Navy for 26 cue of the miners was a testament to been cooking the science, and it is very years. He, as I mentioned, is currently the American spirit of cooperation and convenient. a resident of Virginia. His lifetime of ingenuity, a spirit exemplified by the Lastly, I went to Copenhagen, as I service to our country led him to many NASA team. mentioned earlier. That is the big U.N. exciting opportunities, including serv- I hope my colleagues will join me in party each year. That was probably the ing as the Chief of Current Operations, honoring Clint for his service and his most productive 21⁄2 hours of my life, U.S. European Command. While in Eu- leadership team at NASA as this

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He has done a following my and Senator GRASSLEY’s action on the AMT will force a wonderful job on the Finance Com- colloquy, the distinguished Senator ‘‘gotcha’’ tax hike on millions of mid- mittee. from North Dakota be recognized for 30 dle-income families when they start to According to the Commissioner of In- minutes. file their tax returns 6 weeks from now. ternal Revenue, perhaps the most time- The PRESIDING OFFICER. Without On death tax reform, the House objection, it is so ordered. sensitive problem waiting for congres- passed a permanent reform almost 1 sional action is the so-called patch for MAJOR TAX ISSUES year ago, but it has languished in the Mr. HATCH. Madam President, my the alternative minimum tax. I under- Senate during that period. On our side, stand that if we do not take care of colleague, Senator GRASSLEY, and I we would like to improve that bill to this very soon, we could see major come to the floor to discuss very ur- protect more small businesses and farm gent business for the American people delays in the tax filing season that will families from the death tax. start on January 1. Is that the under- that has been put off for far too long. I On the 2001–2003 tax relief packages, am talking about the outstanding tax standing of Senator GRASSLEY? there is no bill from the other side that Mr. GRASSLEY. Absolutely. We have issues this Congress has so far failed to would serve as a starting point on pre- address. As I count them, there are five a track record on that. Just a few years venting this massive tax hike. On our ago, it didn’t get done on time, and major tax issues that collectively rep- side, if the Democratic leadership per- resent a looming crisis for the econ- people had to wait for their tax re- mitted us, we would like to start with funds. That is the biggest thing. But it omy. These are, first, the set of tax Senator MCCONNELL’s bill. Senator provisions that expired almost a year also created a terrible bureaucratic HATCH and I are cosponsors of that leg- problem for IRS to get the forms out. ago on December 31, 2009, and have yet islation. My friend from Utah is correct. For- to be extended. Second is another set of Mr. HATCH. Senator GRASSLEY has tunately, the chairs and ranking mem- important tax provisions due to expire been the ranking Republican or chair- bers of the tax writing committees at the end of this year, which is only 44 man of the Finance Committee for a wrote to the Commissioner of IRS last days from now. The third item is the long time now. We have seen times week indicating our intention to pass need to once again address the thresh- when the expiring tax provisions have an AMT patch. The letter specified old of the alternative minimum tax so been dealt with in as timely a manner what the AMT patch would look like. that about 25 million more American as they should have been, but have we But as helpful as the letter was, we families are not caught in its clutches ever seen a state of affairs like we have still need to change the law. As a mat- for the tax year about to end. Fourth is now with the extenders? What has this ter of fact, the filing season could be- the estate tax issue which has been meant for job creation and economic come very complicated if we don’t act. haunting us and the American people growth? all year long. I submit it is way past Mr. GRASSLEY. First of all, my col- During our years in the majority, we the crisis stage and is about to enter leagues probably know that my friend never let the AMT patch legislation into even a worse stage. Finally, and from Utah is going to advance as the slip past May of any tax year that it certainly not least, is the looming ex- incoming ranking member of the Sen- applied to. That only happened once. piration of the tax relief provisions we ate Finance Committee, and I con- The death tax is another overdue tax passed in 2001 and 2003 which are swing- gratulate him on that. I know he is legislative item that has been referred ing over the future of our economy like going to do a very good job. to. Maybe the Senator from Utah could a hangman’s noose. It is this situation One needs only to look to the non- bring up the issue of the estate tax. that I particularly would like to ad- partisan Congressional Budget Office Mr. HATCH. That is the third item dress the bulk of my remarks to, but to assess the harm that could be done on the to-do list. If we do not act, 6 before doing so, let me turn to my col- to the economy if we don’t get this tax weeks from now the reach of the death league for his initial comments, the legislation passed. According to the tax will greatly expand. According to ranking member on the Finance Com- Congressional Budget Office, not ad- the nonpartisan Joint Committee on mittee and a great friend, Senator dressing these very time-sensitive tax Taxation, 10 times the number of es- GRASSLEY. issues will reduce economic growth by tates will be taxable versus the number Mr. GRASSLEY. Madam President, as much as 1.7 percent on average for that would be taxable in the bipartisan Senator HATCH has long been a leader the years 2011 and 2012. If Members Lincoln-Kyl compromise. In the case of on a lot of these tax provisions, par- farm-heavy estates, 13 times the num- ticularly in research and development. didn’t hear that, it is not some polit- ical leader saying that economic ber of those farm families would be hit I thank him for his leadership. by the death tax. That would be unfair I think Senator HATCH has clearly growth will be harmed by 1.7 percent; because the families would have to ei- outlined the gravity of the economic it is the nonpartisan experts in the ther borrow the money or sell the farm consequences of a continuing failure to Congressional Budget Office saying in order to pay the death taxes. That is finish time-sensitive legislative tax that if we don’t pass these tax bills, just crazy. business. economic growth is going to get hit 1.7 There is a chart I will put up that percent. Some private forecasters put The issue of extending the expiring shows where we are on these categories that hit even higher—at 2 percent. tax relief provisions enacted in 2001 and of expiring tax provisions. Said another When we consider that the last report 2003 has been a central question all this way, here are the categories of tax has the economy growing at an year, but we are just now beginning to hikes that congressional inaction will annualized rate of 2 percent, then it is discuss this in earnest. This lack of ac- put in place. I have used this chart be- quite obvious. tion on this vital topic has been a fore, so I think Members will be famil- We can see that this single failure to major factor in the low performance of iar. In fact, several months ago, I used prevent these great big tax increases our economy. it. The congressional Democratic lead- could wipe out what little economic The outcome of this debate is excep- ership paid no attention to the serious- growth is currently occurring. I don’t tionally important to the future of this ness of these issues then. Unfortu- know how policymakers can sleep at Nation. Its implications go well beyond nately, the to-do list is exactly the night, let alone be so casual when we what many on the other side of this same today as it was several months haven’t dealt with these time-sensitive issue might want Americans to believe. ago. tax issues at a time when coming back This is not merely a question of how If we go down through the chart, here we heard nothing from our con- well the rich in our society will live if Members can see that we have had par- stituents other than concern about the we raise their taxes.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8021 Rather, this debate goes to the heart their individual owners. Taxes on sole economist Allen Sinai. In this study, of the burning questions facing Amer- proprietorships, partnerships, S cor- Dr. Sinai concludes that increasing the ican families of all income levels porations, and limited liability compa- capital gains tax rates to 20 percent today: Will I keep my job? How and nies are all passed through these enti- from the current 15 percent, as is called when can I get a new or better job? ties and assessed on their individual for in the President’s plan, would cut Will the economy grow enough to allow owners. Higher taxes on these entities the number of jobs available by 231,000 my family to pay its bills and make results in less money for investment per year. Again, this is exactly the progress toward our dreams? Can we af- and expansion, which translates into wrong direction for a Congress that is ford to educate our children? Will fewer jobs created and fewer opportuni- supposed to be focused on job creation. America continue to prosper in the ties for those who want to move up the If we were really serious about cre- years ahead, or are we in a permanent economic ladder. ating jobs, we should be doing just the decline? Tragically, especially in this time of opposite; that is, lowering the capital The President and most of my col- economic stress and high unemploy- gains tax rate. The Sinai study con- leagues on the other side of the aisle ment, the real cost of taxation is paid cludes that a reduction from the cur- have decided that the answer to the by a group of unintended victims. rent 15-percent tax rate on capital question of fully extending the tax re- These are the men and women and gains to a 5-percent rate would in- lief provisions that are set to expire in their families who do not get a chance crease the number of jobs by 711,000 per just about 44 days is no. While they are to have a job or a higher paying job be- year. That is the kind of job growth we willing to extend them for those Amer- cause the tax destroys the economic need right now. By lowering the rate icans earning less than $200,000 per growth that might have provided for down to zero percent, Dr. Sinai says we year if a single individual or $250,000 such an opportunity. could turbocharge this rate of job per year if a family, their position is A study recently released by the non- growth to 1.3 million new jobs per year. that anyone above these thresholds partisan Heritage Center for Data Of course, this capital gains tax re- should get a tax increase. Analysis highlights these facts. This duction would not be free since the However, the right answer for our study, which utilizes an economic Treasury would lose some revenue. The country’s future is that all the tax re- model owned by the leading economic Sinai study indicates that this loss lief provisions should be extended. forecasting firm in the country, con- would be about $23 billion per year The reasons the President and his al- cludes that the President’s tax plan to after the effects of stronger economic lies give for their position largely boil allow the tax relief provisions to expire growth are taken into account. While down to the general supposition that for the so-called well-off would have this is not an insignificant number, it the well-off among us can afford to see very serious consequences for millions works out to a cost of about $18,000 per their taxes go up, and that the Nation earning far less than those targeted. job. I call this a bargain, particularly cannot afford to forego the revenue Here are just a few of the highlights when it is compared with the cost per lost to the Treasury from these tax- of these conclusions. First, the Presi- job from the so-called stimulus bill we payers continuing to have their taxes dent’s tax plan would reduce economic passed last year. The Congressional as low as they are. growth for at least the next 10 years. Budget Office projected last year that Ironically, this second point implies Over the 10-year period, our gross do- the cost of each job saved or created that we can afford the revenue loss mestic product would fall by a total of from the stimulus bill would be be- from extending the tax relief to those $1.1 trillion compared to where it tween $414,000 and $1.3 million. And making under the $200,000 and $250,000 would be otherwise if all the tax provi- most or all of these jobs are temporary, thresholds, even though this loss is up- sions were extended. not permanent. Last year, the CBO wards of 80 percent of the total amount This slower economic growth would also projected that the net increase in of lost revenue from extending the tax directly translate into fewer jobs cre- the number of jobs from the stimulus relief for everyone. ated. In fact, the study projects that bill by 2015 would be zero. In other In other words, the President and his 238,000 fewer jobs would be created next words, we would get no permanent job congressional supporters would have us year and as many as 876,000 lost jobs in increase from this gargantuan stimulus believe that this debate is solely about 2016. For the 10-year period, the aver- bill. I do not believe the contrast be- whether the so-called wealthy among age would be 693,000 jobs each year that tween the two approaches to job cre- us deserve continued tax relief. They would not be created had we extended ation and economic growth could be either fail to see an economic connec- the tax relief for everyone. This projec- any more striking. tion between the finances of those at tion alone should be enough to give Let me refer back to Senator GRASS- the top of the income scale and the rest anyone pause. In this critical time of LEY. of us, or they refuse to admit that such job shortage, do we want to purpose- Mr. GRASSLEY. Well, I say to Sen- a link exists. fully choose a course that would lead ator HATCH, the only thing I would add This may sound somewhat counter- to even fewer jobs for Americans? to the good work you put out there is intuitive, but it is, nonetheless, true. Other economic indicators would also maybe to say a little bit more about The essential element to this conun- turn negative compared to extending the estate tax; that is, if we do not do drum is that good permanent jobs, the tax rates as they currently stand. anything—as you see from this chart, which are the heart and soul of the Business investment, personal savings, you can see the House passed death tax American dream, are inextricably disposable income, and consumer reform but not the Senate. Obviously, linked to those in our economy who spending would all be lower. This is ex- we do not have a final bill. If we do not have wealth. When the income of the actly the wrong direction we need as get a final bill by the end of this year, wealthy is taxed, particularly in a way the U.S. struggles to recover from this instead of having no estate tax like that reduces the incentives for saving, nasty recession. this year or a $3.5 million exemption investment, and entrepreneurship, that My home State of Utah will not be like last year, we are going to have tax is not just paid by those who write spared, despite the fact that the down- only a million-dollar exemption and a the check to the government. Indeed, turn has been less pronounced there 55-percent tax rate. That is going to be even those Americans who pay no in- than in many other States. The Bee- catastrophic on small business. It is come tax at all, which is now upwards hive State would lose an average of going to be catastrophic in the rural of half of all adults, can be badly hurt 6,200 jobs each year, and household dis- areas. So I hope that emphasizes the by tax increases on the so-called rich. posable income would drop by $2,200. importance of getting something done This is through the loss of opportuni- For a relatively small population on the estate tax ahead of time. ties, the lack of jobs or better jobs, and State, this is nothing but bad news. The only other thing I would add, be- slow or nonexistent economic growth. Another recent study highlights the cause the Senator did such a good job One vital fact that many citizens do effect on the economy of increases to of saying what the economic con- not realize is that a high percentage of the capital gains tax rate as is called sequences are, if we let the biggest tax this Nation’s business enterprises pay for under the President’s tax plan. This increase in the history of the country their taxes through the tax returns of one was prepared by the respected happen by sunset December 31, and

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I respect and profound disagreements creation for small businesses and very would like to make it permanent for with—I was thinking about how inter- destructive as far as bringing the cer- everybody in our society because we esting it is that people of good faith— tainty that businesses, particularly are a high-taxed society under the cur- and they are two Senators of good small businesses, need if they are going rent circumstances, but apparently we faith—can feel very strongly about an to hire people. do not have the votes to make it per- issue. I feel differently about some of I had a news conference last month manent. But we should have the votes the issues they just described, and I sat in my State, and I brought in some to be able to put it over at least until here and resisted the urge to jump up small businesspeople. One of the small we can get out of the rough politics of every 5 or 10 minutes and engage in businesspeople testifying for me said to a lameduck session, and hopefully we that discussion. the media of Iowa that they would like will be able to resolve these problems It is not a difference of opinion about to hire five or six people, but as long as in the future in a way that both sides whether we would like the American there is all this uncertainty about can feel good. people to pay the lowest rate of taxes what the tax policy is, they are not Having said all this, let me just say possible; it is, rather, in my judgment, going to move forward. that I have really appreciated serving about the rearview mirror of history, So what we have to do—and I say to under the distinguished Senator from when historians gather 50 and 100 years Senator HATCH, I think you have said Iowa. He is a hard-nosed, practical from now and look back at this mo- it several times—and particularly for leader in this body. Everybody knows ment and say: All right, where was small business, we have to bring cer- he is totally honest and totally effec- America then? tainty to the Tax Code. You cannot tive in so many ways. He is a dear Well, America had a $13 trillion debt, have this uncertainty of what is going friend of mine. I want him to know how a $1.3 trillion deficit. We are sending to happen after December 31, particu- much I appreciated serving next to him men and women off to war by the hun- larly when you are certain you are on the Finance Committee. And we will dreds of thousands, strapping on body going to have the biggest tax increase be serving next to each other on the armor in the morning, getting shot at in the history of the country without Judicially Committee in this upcoming in the afternoon. About 20 million peo- even a vote of Congress. year. I look forward to seeing him, as a ple are either unemployed or not work- So I compliment Senator HATCH. I nonlawyer, take over the controls from ing up to their potential because they will not have anything more to say on the Republican standpoint on the Judi- could not find the job that fits them. this subject until we get one of these ciary Committee because even though There are record numbers of people on pieces of legislation before the Senate. the distinguished Senator from Iowa is food stamps. So that is where America But I thank the Senator very much for a nonlawyer, he brings a practical bal- was then. And what was the debate on his leadership. ance to the Judiciary Committee—and the floor of the Congress? How can you Mr. HATCH. Madam President, I to the Finance Committee up until further cut revenue? How can you bor- thank my leader on the Finance Com- row money from the Chinese in order mittee on the Republican side. I appre- now—that is sorely needed. He is one of the most respected people, by me, in to give those who make $1 million a ciate all the work he has done to try to year a $100,000 a year tax cut? They are keep this economy going, and we ought this whole body of very, very strong minds and people. So I am grateful to going to say: Are you kidding me? That to listen to him. is what the discussion was? Wasn’t Let me just say that the President him. I am grateful he is my friend, and there discussion about whether it was and congressional Democrats and Re- I am grateful we can work together wise to borrow $4 trillion more to ex- publicans agree that small business is side by side in both of these commit- tend tax cuts that came in 2001 because the key to a job-based recovery. As the tees. the President—then-President George President himself says, small business I thank the Senator for all the hard W. Bush—felt we were going to have creates about 70 percent of all of our work he has done in the Finance Com- surpluses forever? The first surplus was new jobs. mittee all these years. I have watched If we fail to prevent the marginal him, I have sat beside him, and I have the year before he took office, the last rate hikes, small businesses will be es- seen the products he has done, and the year of Bill Clinton, the first budget pecially hard hit. The Joint Committee Senator has worked in good faith with surplus in 30 years. Then they said: OK, on Taxation concluded that half of the both sides, and certainly with total we predict we are going to have sur- flowthrough small business income honesty, and that is a high accolade pluses for the next 10. President Bush would be hit by the reimposition of the right there. said: Well, let’s give them back, with top two brackets. Ironically, this is Madam President, these are impor- very big tax cuts, the bulk of which go what all the resistance from the other tant issues. I know that not just the to upper income folks. I didn’t vote for side is about. They insist on raising the distinguished Senator from Iowa and that. I thought: Why don’t we be a lit- top marginal rates on small businesses myself feel deeply about them, but I tle conservative? What if something by up to 17 to 24 percent—all of this hope we can get our colleagues to- happens? Well, it did—a terrorist at- during a time when we ought to be gether on both sides, and the Presi- tack, a recession, wars in Iraq and Af- going the other way and assuring small dent, who has indicated he is willing to ghanistan, debt as far as the eye can businesses that they should take steps compromise on this issue, and get this see, soldiers at war—and the discussion to grow without paying a tax penalty. put over. If we could do that, I think is how to further cut taxes, especially There is a bipartisan group that rec- the President will be better off, jobs for upper income Americans. I am tell- ognizes the merits of preventing these will be better off, and in the end, our ing my colleagues, it is going to con- tax hikes on small businesses. But I country—which is the ultimate goal— found and confuse some future econo- think the President and the Demo- there is no doubt in my mind would be mists, how on Earth that could have cratic leadership need to see the light. much better off. been the major debate of the day in the We are talking about somewhere be- With that, I thank my distinguished Congress at this moment. tween 750,000 and 800,000 small busi- friend from North Dakota and yield the There is no preordained destiny for nesses, where 70 percent of the jobs are floor. this country that this country will al- created. If we do not handle this right, The PRESIDING OFFICER. The Sen- ways be the dominant world power. we are going to have a pretty long time ator from North Dakota. That is not preordained. That will hap- of an economic system that really does TAXES pen if this country begins again to not work in this country. So it is im- Mr. DORGAN. Madam President, I make good decisions and tough deci- portant that we get going here in this decided some long while ago that I was sions. People think times are tough lameduck session and resolve this going to leave the Congress after serv- now. They have been tougher in this issue. ing 30 years. So at the end of this year, country. Our parents and grandparents There are people all over the map on I will conclude my work here in the and those who came before them, those this issue, but I think the smartest U.S. Congress. But I was thinking—sit- who homesteaded in sod huts, those

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8023 who traveled and populated this coun- the alarm clock or turn on the light or combustion engine and then it needed a try out of wagon trains under the turn on the hot water heater to take a substantial amount of oil. Then our Homestead Act to go and buy a place hot shower or turn on the toaster or government said: We understand that, and build a farm and raise a family, the coffee maker? What if they so anybody who is going to look for oil they had it tough, but they built com- couldn’t turn on the ignition to get to or gas, we want to give you a big, per- munities and built a country and they work? What if they didn’t have lights manent tax benefit. It was in the pub- did the right things. They made tough at work? We use energy 100 ways before lic interest to do that. So for a century decisions. It is not a tough decision for we start work and never, ever think we have said to people: Go find oil and us to say all 100 of us want tax cuts— about it. What if the switch didn’t gas because we need it. We have well, I would like it if nobody paid work? What if the tank wasn’t full? incentivized that drilling here in this taxes, if nobody had to pay taxes. But Let me describe the danger because country. who is going to pay for the cost of this is not irrelevant. It is not an idle If we think of what has happened things we do together, such as build issue that this country could very well over this period I have described in schools to educate kids, build roads to find itself belly side up with an econ- travel and technology, including the travel, pay for defense so we can pro- omy that couldn’t work because we automobile, the light bulb—I mean, tect this country and on and on and couldn’t find the energy we need. think of the impact both those innova- on? About 60 percent of the oil we need and tions have had in our lives; pretty un- So I didn’t come to talk about that, use in this country comes from other believable. but I couldn’t resist at least the urge countries. I have described hundreds of One day on a Saturday I was in to say our requirement for this country times on the floor that we stick little Grand Forks, ND, and I met with our is to look well ahead and to ask: How straws in the Earth and we suck out oldest resident, Mary Schumacher, 111 do we retain the capability in this oil. About 85 million barrels a day is years old. She was spry—I shouldn’t country so we will still remain a world sucked out of this planet. On this little say ‘‘spry’’ because she wasn’t moving economic power? This country needs spot called the United States of Amer- very well, but she had a very keen jobs. This country needs the resurrec- ica, we need to use one-fourth of it. mind and we were able to have a very tion of a manufacturing base. We will One-fourth of everything we suck out good visit—111 years old. She talked to not long remain as a country, a world of this Earth has to come to the U.S.A. me about her memories of when she economic power, if we don’t have We are prodigious users of oil. Much of was 6 and watched the barn burn. She world-class manufacturing capability— that oil comes from areas of the world has a great memory. We talked about making stuff—making things that say that are very troubled. There are some how things have changed in 100 years of ‘‘Made in America.’’ That ought to be that don’t like us very much. We send her lifetime. By the way, I stopped at the discussion: how to put America them over $1 billion, in some cases $1.5 that nursing home to see Mary because back to work. There is no social pro- billion a day, every single day to buy I wasn’t able to be there some months gram as important as a good job that their oil. My colleagues know and I before when I was invited to go to her pays well, and too many Americans are know that in some parts of the world birthday party, and I was invited by out of work at this point with a sick enough money spills from that oil bar- her niece who showed up when I showed economy. The solution is not a tax cut rel to help fund terrorism. We know it. up that Saturday to visit Mary. Her for everybody. That is akin to going to If we are that vulnerable, if our econ- niece put on the birthday party and her a quack doctor who has only one rec- omy is in that much need of oil from niece was 103 years old, in even better ipe. He has a jug of thick brown liquid, others, particularly troubled parts of shape than Mary, moving around and and no matter what you have—the hic- the world, if tomorrow that supply fussing and making sure this visit with cups, gout, liver trouble—he ladles out were interrupted or shut off and if that Mary was going well. some thick brown liquid, and he says: meant that this country’s economy So we talked about the big changes There it is. Take that and it will make would be belly up just like that, do we in her life. I thought after I left there: you better. then decide to do nothing about it or Here is a person who has now lived over We have people who have that vision do we do something about it to address a century and she has seen everything. here. Any urge, any itch, give them a it in the context of national security? So let me think about her life. tax cut. How about the Federal budget We have armies. We commit armies In 1909—and she would have been deficit? How about controlling spend- to trouble spots around the world to nearly 10 years old then—in 1909, Presi- ing? Yes, we have to control some protect our interests. Those armies can dent Howard Taft, 5 foot 11 inches tall spending and cut the deficit. Let’s cut only operate if they have food and fuel. and 300 pounds, decided to get rid of some spending and let’s ask people who They need both. Energy security is the the horse and buggy at the White should be paying taxes and aren’t now same as national security, and we have House as the mode of transportation. to pay their fair share of taxes. That is ignored for so long this issue of vulner- He was the first President to decide he what we ought to do. ability that exists with respect to our was going to buy an automobile. He All right. I have that at least a little energy future. bought a Baker electric car. President bit out of my system today. I wish to talk about what we need to Taft might not have fit into a Mini ENERGY do, and I wish to talk about my dis- Cooper had there been one back then, I came to talk about something else. appointment that we come now to No- but he bought a Baker electric car, I came to talk about unfinished busi- vember, almost December, 3 weeks left which goes to show batteries have a lot ness toward the end of this year. There perhaps in December, and last June a of power. There has been a lot of dis- is still the ability to reclaim some suc- year ago we passed an energy bill out cussion about that these days. But cess in an area that I think is very im- of the Energy Committee that was bi- isn’t it interesting that an electric car portant. It is true, as I have just de- partisan. It did a lot to address our en- for the White House in 1909—that is 100 scribed, that jobs are very important in ergy security. Yet we will likely end years ago—that electric car, now a cen- this country. It is also true that the this year with unfinished business, tury later, 100 years later, is the sub- economy, fiscal policy, debt, and defi- leaving behind that progress. ject of legislation I have on the floor of cits are very important and we need to I wish to talk a little about the unbe- the Senate, along with Senator LAMAR get a hold on them and deal with them lievable progress in this country. In ALEXANDER of Tennessee and Senator and respond to them and fix this coun- 1830, it took 3 weeks to travel from MERKLEY of Oregon; the Electric Vehi- try’s economy. But it is also important Chicago to New York—3 weeks from cle Deployment Act, 100 years later. It that we need to address the subject of Chicago to New York City. Twenty-five is the new new thing. It is what we energy, and we have tried; we have years later, you could do it in 3 days: knew 100 years ago worked. tried so hard. We can decide it doesn’t the transcontinental railroad. The I wish to talk a little about these matter much. We can act as though it transcontinental railroad changed ev- things and all the changes we have is irrelevant. But then tomorrow morn- erything. Then the automobile, the seen and why this issue is critical and ing, just for a moment, what if all the automobile came along, first with an why I feel so disappointed if we don’t, American people couldn’t turn on or off electric engine and then the internal in the final 3 weeks, at least take a

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8024 CONGRESSIONAL RECORD — SENATE November 18, 2010 portion of that which we know needs to area and they were not connected one Then we have nuclear energy. We will be done and do it because there is bi- to another. That is the way it was. build some nuclear plants. We are partisan agreement on a couple of Then, finally, we decided we needed to going to do that. I believe we ought to these issues. move electricity from one area to an- do everything, and do it well, including Let me mention them quickly. One, a other, so we connected the grids, bare- wind, solar, geothermal. All of the re- renewable electricity standard so we ly, but we never did go back and build newables have great promise. I under- try to induce more renewable energy a modern transmission system. The re- stand that in this country, for a long production in this country. That is bi- sult is we have a system now that is while, it was that real men dig and partisan. We have cosponsors in the not very reliable and can’t effectively drill, and if you are somebody who sup- Senate, including Senator BROWNBACK, move power from where it is produced ports wind or solar energy, go smoke who is a very strong supporter of that, to where it is needed, particularly in your pipe, read a few books, and have a a renewable electric standard. The the area of renewable power, where the leather patch on your jacket. Real men Electric Vehicle Deployment Act, wind blows and the Sun shines. Where dig and drill, and the rest of you are a which I have described, Senator ALEX- you can produce wind energy and solar bunch of nuisances. That was the ANDER and I and others, bipartisan; and energy, we can’t at this point have full thought that existed for a long time. It the natural gas provision that Senator effective capability to where you can is not true anymore. We are going to REID and Senator MENENDEZ have spon- move it to where you can produce it dig and drill and do it differently and sored, that is also bipartisan. Those are and where you need it. protect this country’s environment. We things we can do and should do at the So we need to build an interstate are also going to incentivize and see end of the year that is bipartisan that transmission system. We can’t do that the production of substantial amounts will advance our interests. now. We need legislation to do that. We of additional energy from the wind and Why is it that energy is important? can’t do it now as demonstrated by the the Sun. It makes sense to do that, in Well, one, the vulnerability to our fact that in the last 9 years, we have order to expand our energy supply, pro- economy if we were to see the supply of built 11,000 miles of natural gas pipe- tect our environment, produce addi- energy that is necessary shut off to line to move natural gas around this tional jobs. All of these issues I have country, and we have been able to build this country at any point. So it is na- talked about are very job creating. tional security. No. 1, national secu- only 668 miles of interstate high-volt- Yet, in many ways, the legislation we rity. No. 2, it is the issue of the domes- age transmission lines. Why? Because have worked on languishes because we tic energy use and the conversion as a we have all kinds of jurisdictions that are told we don’t have time. This is ur- can say no and will say no, so you can’t part of this national and energy secu- gent. It is about the vulnerability of build transmission. So the legislation rity to conservation, No. 1, and the pro- our economy, about our national secu- we passed out of the Energy Committee duction of different kinds of energy, rity, and it is about jobs. We ought to a year and a half ago now solved that No. 2, and then, finally, the issue of en- get about the business of deciding this problem, put us on the path to be able vironmental benefits of some of the is a priority. to build an interstate transmission sys- changes that are necessary. We are If I can describe, in summary, here is tem, a modern, rich system. We coming to an intersection for the first how we address energy issues: Produce shouldn’t lose that. We should proceed more, yes, in every area. Produce more time when we debate energy in which to get that opportunity in that legisla- wind and solar energy, incentivize it. energy production and national secu- tion. rity resulting from that comes to the Let me talk a bit about oil and gas. Produce more oil—and we are doing same intersection as the issue of cli- We are actually producing more oil, for that—and natural gas. Expand ethanol mate change. So everything is going to the first time—it has been a long while capabilities and geothermal. We can do change. The question isn’t whether, it since we have been on the decline in all of these things. We are building nu- is how. So I wish to talk just a bit production. Part of it is from my clear plants now. We will see some new about some of the things we can do, it State. The Bakken formation is the ones come online. As a country, we seems to me, to address these matters. largest formation of oil ever assessed ought to do what the French are doing Let me talk about electricity. We in the history of the lower 48 States. with respect to reprocessing and recy- produce a lot of electricity from dif- There are up to 4.3 billion barrels of re- cling and reduce that 100-percent body ferent sources, including coal and nat- coverable oil, according to the U.S. Ge- of waste down to 5 percent. That is ural gas, and so on. Coal is our most ological Survey. With that, plus the what they have been doing for some abundant resource. Fifty percent of the role shale plays in much of the coun- while. We ought to do that—the renew- electricity in this country comes from try, we are beginning to produce a bit ables are so important—and then move coal, but we have to use it differently more oil and gas at this point. That toward the electric vehicle deploy- because when we burn coal, we throw will stop quickly if we can’t continue ment, so we can take advantage of all carbon into the air and we understand what is called hydraulic fracturing. We of this. I mentioned to you that we we can’t continue to do that. So we have to deal with that big problem. produce about 85 million barrels a day need to find innovative ways to extract Most of us in this Senate, who come of oil—about 21 million barrels here in the carbon from coal to continue to use from areas where we produce fossil en- the United States, about one-fourth of that resource. We can and we will, in ergy, believe this has been done for 50 the oil, and 77 percent of the oil we use my judgment. I chair the appropria- years without a problem, and now it is in this country is used in vehicles. tions subcommittee that funds carbon under some siege. If we can’t do hy- If you are going to reduce the use of capture technology. There are all kinds draulic fracturing, that promise of nat- oil and reduce our vulnerability from of people around this country doing in- ural gas supplies and new oil will evap- too many exports of oil, then you have novative, wonderful, breathtaking orate. We need to continue—and we to do something about transportation. things to find a way to decarbonize will—with the production of oil and That is why this electric vehicle issue coal. It is going to happen, if we decide natural gas in this country. is so very important. It is the same to make the investment in order to I also am a supporter of the produc- with respect to natural gas vehicles allow it to happen. tion of ethanol and the biofuels. I and long-haul trucking across a net- So electricity that comes from coal think it makes sense to extend our en- work in this country. Electric vehicles or natural gas and electric plants, one ergy supply, if we can do it every single are important. I have always been a of the problems we have dealing with year, using biomass, corn-based eth- fan, as well, of hydrogen and fuel cells. the electricity is the delivery from anol. That makes a lot of sense to me. I think it is probably just beyond elec- where it is produced to where it is The other issue I mentioned is coal. We tric vehicles. Also, a fuel cell vehicle needed. Back in the early days of mov- are going to have to find a way to use runs on electricity. It is interesting to ing electricity around, we would build coal by extracting the carbon. I believe get in and drive a hydrogen fuel cell ve- a plant to produce the electricity and we can do that. We need to make a hicle and find that you can put your then a spiderweb network of trans- much greater effort. We have tried to nose right down at the exhaust pipe, mission wires in a circle largely around do that in legislation in the last year because it is just water vapor. It the planet and that became the service or two. doesn’t have a sound. It puts water

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Also a wheel broke, can do no less than make sacrifices Again, I end as I started, by saying among the five wheels, but it didn’t fall that are thoughtful on behalf of our fu- how profoundly disappointing it is that off; it is hanging. As Spirit traverses ture, so they won’t come home and find at the end of the session we understand the surface of Mars, it drags one wheel a bigger deficit and more unemploy- how important this issue is and how that digs a slightly deeper 2-inch hole ment, but instead that we made the little has been able to be done. There is in the surface of Mars, and the ar- tough decisions to fix these things. We still time. We could pass legislation thritic arm reaches back and tells us are going to fix this because it is im- called the Electric Vehicle Deployment what is happening on Mars. portant for the country’s future. Act. We could do that. We could pass How is all of this happening? First of As I said when I started, this issue of legislation calling for a renewable en- all, it is unbelievable engineering, energy is so very important and is un- ergy standard, renewable electricity right? Can you imagine the people who finished business. In my judgment, we standard. This isn’t rocket science. put this together, to send dune buggies ought not to include at the end of this These are not complex issues that peo- we could drive on the surface of Mars, year an energy bill, or components of ple can’t understand. They understand and then they last 5 years when they one, that I think could be very impor- them. Both political parties have were supposed to last 90 days? How are tant to this country’s future, to jobs, strong supporters for these things. As they powered? Do they have a Briggs and to our national security. we turn to December, it seems to me and Stratton engine and somebody I yield the floor and suggest the ab- that as we contemplate probably 3 pulls it and gets them started? No. sence of a quorum. weeks in December on the floor of the They are powered by the Sun. They The PRESIDING OFFICER. The Senate, we ought to at least consider have solar cells that allow us to have clerk will call the roll. what portion of an energy system and the power to drive dune buggies on the The assistant legislative clerk pro- energy future can we embrace that surface of Mars. Is it beyond our reach ceeded to call the roll. Mr. HARKIN. Madam President, I came out of the Energy Committee in to believe that if we can power dune ask unanimous consent that the order the Senate. The Electric Vehicle De- buggies with solar cells on Mars, we for the quorum call be rescinded. ployment Act is the legislation that can fix a few of these things here on The PRESIDING OFFICER. Without came out most recently and passed 19 planet Earth? Of course that is not be- objection, it is so ordered. to 3 by the Energy Committee—strong- yond our reach. Of course we can do Mr. HARKIN. Madam President, in a ly bipartisan. Why wouldn’t we take that. In fact, the very names of these very short while here—literally, in that up? Why would we not complete dune buggies—Spirit and Oppor- about 40 minutes—the time will be ex- work on that and advance this coun- tunity—ought to be the names on these pired and we will be voting on the mo- try’s future? desks in this Chamber: Spirit and Op- tion to proceed to the Food Safety The other day I talked about the two portunity. Modernization Act. The Food Safety dune-buggy-size vehicles on the surface I started by saying there is no pre- Modernization Act. One can wonder of Mars. I did it because I was talking ordained destiny for this country to do why did we have to go through a clo- to some people in North Dakota, who well. It always has done well. When I ture motion and a vote on that the said nothing is going right, everything grew up, I knew we were the biggest, other day. We got 74 votes on it. But it is going to hell in a hand basket, and the strongest, the best, and had the looks as though now we are going to nothing the government touches works most. We could beat anybody with one have to have another vote on the mo- for sure. They were down. I told them hand tied behind our back. That will tion to proceed after we have had 74 the story about the two dune-buggy- not always be the case. We will not re- votes. size vehicles we are driving on the sur- main a world economic power, unless A lot of effort has gone into this bill face of Mars. Five years ago, 1 week we make smart decisions. Our parents by a lot of people—Republicans and apart, we ignited rockets, and they lift- and grandparents did. Every parent in Democrats—and, Lord knows, our staff. ed off on the west coast of the United this country has sacrificed for their This bill has been germinating and States, and they were on their journey kids. I don’t know what is in second, being put together over the course of to Mars—1 week apart. The first rocket third, or fourth place to most people, at least the last 3 or 4 years anyway, transported its payload to the surface but first place is their kids. The ques- and probably a little before that when of Mars, which landed on Mars with a tion is whether it is on fiscal policy or we started. I know Senator DURBIN has thump and a bounce. It was in a energy policy. The question is, what been working on this for several years, shroud. When it stopped bouncing and are we willing to do for our kids? What as have Senator GREGG, Senator DODD, stayed still, the shroud opened, and out kind of future do we want to leave our and others. So this has all been put to- of the shroud drove a dune-buggy-size kids? Do we want to leave them deep in gether over a period of several years. vehicle on the surface of Mars. One debt or vulnerable on energy produc- But I would say over the last 4 years, week later, the second payload was de- tion, which may leave us in the dark diligent work has gone into this bill, posited on the surface of Mars. The one day? I don’t think so. This country and certainly again in the last year. shroud bounced, opened, and the second can do much better than that. It was 1 year ago, November 18—1 vehicle drove off to the surface of Mars. Neither party has been much of a po- year ago today—that this bill was re- That was 5 years ago. One’s name is litical bargain recently. Both parties ported out of our HELP Committee, Spirit and one is Opportunity—two lit- need to do better. I have strong feel- which I chair. It was reported out with- tle vehicles, Spirit and Opportunity. ings about which has better ideas at out one dissenting vote. It is a bill that They were supposed to last 90 days on the moment, and I will not be partisan is supported by so many different the surface of Mars, giving us informa- on the floor, except to say that this groups and so many different people. tion about what we could learn about country deserves more. It is not just Here is a list of the people supporting this strange planet. coming out here talking about how can this bill. We worked hard to get a Five years later, Spirit and Oppor- we cut taxes for everybody; it is how do broad base of support from both indus- tunity are still moving. It takes us 9 we tighten our belts and ask those who try and consumers. As I have said, this minutes to communicate with Spirit or are supposed to pay taxes to pay them, may be one of the only bills I have seen Opportunity, to send them a message. getting deficits under control, and get- around here that has the support not At one point, Spirit fell dead asleep, ting people back on payrolls, and only of the Food Marketing Institute and we communicated with a satellite incentivizing businesses to create jobs. and the Grocery Manufacturers Insti- orbiting Mars and had the satellite How do we address energy issues? It tute and the Center for Science in the communicate with Spirit, and Spirit is time for this country to be serious— Public Interest. So we have both con- woke up. Spirit, they say, has an arm this Congress—about doing things that sumer groups and the business groups

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8026 CONGRESSIONAL RECORD — SENATE November 18, 2010 supporting this—the U.S. Chamber of consensus so that we move ahead as a trance in the first place. So that is one Commerce and the U.S. Public Interest society. To me, that is the way I think way we do it. Research Group. When have those two we ought to operate. Secondly, it improves the response to ever been together on a bill? And the So when other people were making detection of foodborne illness out- Snack Food Association and the Pew suggestions—and I didn’t mean to sin- breaks when they do occur. In other Charitable Trusts. I mean, we have gle out Senator COBURN, because others words, we will be able to detect it ear- wide support for this. too had made suggestions—we tried to lier and respond earlier than we have The industry wants this. They want work with them to incorporate certain been able to do in the past. it because they know our food safety provisions in the bill. Senator TESTER, It enhances our Nation’s food defense laws have not been upgraded in seven for example, on our side had sugges- capabilities. Every year, 76 million decades—since 1938, before I was born. tions about exempting certain small Americans get sick from foodborne ill- Think about how our food has changed producers. That raised the consterna- nesses—76 million. So the stakes are in our society and how we produce it tion of many on the consumer side. It too high not to act. and how we process it and how we ship also raised the consternation of many These are the critical ways in which it, not to mention the amount of for- on the business side. A lot of the bigger we have moved the ball forward. Again, eign foods coming into this country. businesses said: Well, if we have to do I know my friend from Oklahoma has Consumers want it because we know a this, you can get just as sick from eat- said to me many times that it will not lot of people are getting sick. ing things from small producers too. So solve all your problems. I understand I will hasten to add that we do have we had to work through that. But we that. It is not perfect. But there is an one of the safest food supplies in the did work through it. It took us several old saying: Don’t let the perfect be the world. But that is not good enough, be- months but we worked through and we enemy of the good. This is a good bill. cause we know how many people get ill got an agreement. It is going to help keep our people from every year. Thousands of people are Quite frankly, we had good input getting sick. Everyone? No. I would contaminated by food poisoning every from the Republican side—from Sen- never stand here and say this is going year—E. coli, salmonella. I have met ator GREGG, Senator ENZI, and Senator to solve every single foodborne illness with families here from Safe Tables BURR. I mention those individuals be- problem in America. But it is sure Our Priority. I have met with families cause they have been very integral to going to do a lot more than we have of kids who are damaged for life be- this process on our committee. We been doing. cause they happened to eat the wrong have worked through that and we got Again, I want to make it clear that if thing—they ate some spinach or a to- an amendment that satisfies the small anyone says we are trampling on the mato or fish, shellfish, or something producers and the consumers and the rights of the minority, I ask you to such as that. These kids are maimed business community and the large pro- consider all we have done. We have a for life. ducers. Not easy. Not easy. But com- bipartisan team in place, we have We have worked very hard to put this promises a lot of times aren’t very modified the bill dozens of times to get bill together. As I said, 1 year ago it easy. It is a compromise that we the right balance, we have all made came out of our committee without worked through. We worked through tremendous compromises—Democrats one dissenting vote. But there were Senator TESTER’s amendment too. and Republicans, consumers and busi- still some problems out there, and so That took a long time. ness. As I said, we agreed to com- we worked very hard since last Novem- We were not able to reach an agree- promises just lately. The mandatory ber to try to reach an agreement on ment on Senator FEINSTEIN’s amend- inspection schedule, which is so impor- this bill. And we have a broad agree- ment. We agreed not to incorporate it tant to the public health community, ment. As I said, we had 74 votes on the because we could not reach an agree- has been reduced tenfold—tenfold— floor of the Senate the other day. ment on it—on the BPA amendment, since that bill was reported out of our One of my colleagues has raised a lot even though it is very important to her committee unanimously 1 year ago. We of issues on this bill. My good friend and very important to a lot of people. accepted language, as I said, which ex- from Oklahoma, Senator COBURN, is on We have tried to get something to- empted the small facilities from these our committee, and he has raised a lot gether that would have this broad con- new requirements—the Tester amend- of concerns about this bill. I have met sensus and yet move us forward in ment. We agreed to changes in the sec- with him several times and we have making our food safer, and I believe tion on traceback, which limits the ap- had good discussions. I know he said this bill does that. This bill does this in plication of the new rule to farms and some nice things about me on the floor four ways: restaurants. There is no registration earlier, and I appreciate that, and I It improves the prevention of food fee to help pay for the bill. The routine would repay those in kind; that Sen- safety problems. That is key. For many access to records the FDA wanted, we ator COBURN is a very thoughtful per- years, I served as chair or ranking don’t do that either. son and he focuses on these things. He member on the Agriculture Com- That is a short list. I can go on and reads these bills and he gets involved. mittee—35 years, both here and in the on. I think one of my friends on the This is not something off the seat of House. Many years ago, we came up other side said we have bent over back- his pants. He has focused on this. Some with a program of prevention. Rather ward, and we have. We wanted to reach of the suggestions he made I thought than solving the problem later, the a point where we could move ahead were valid. We looked through them question was: How do we prevent with the bill, even offering to let some and we incorporated a lot of the sug- pathogens from entering the meat sup- amendments be offered and we would gestions made by my friend from Okla- ply? We came up with this proposal of vote on those amendments. But what homa into this bill. finding the access points. Where are has happened now, I understand, is that We were also willing to go to the con- the points in the process where con- the Senator from Oklahoma, my friend, sumers and say, look, this is okay. taminants and pathogens can come in? has now said he wanted to offer an None of us—not any one Senator Let us have the industry come up with amendment dealing with earmarks. around here—has infinite wisdom. Only plans on how to prevent that on their Look, earmarks is an issue. It is an one person has infinite wisdom. No own. That has worked. Does it work 100 issue that the next Congress, I would Senators have infinite wisdom. I can’t percent every single time? No. But say—probably the next Congress—is say I have ever written a bill in its en- nothing is ever perfect. going to have to address. But it should tirety that got through here without I would hasten to add that even if we be done in the spirit of debate. It having anything changed, because we pass this bill, will it prevent every sin- should be done in the spirit so commit- don’t know everything. So we rely gle foodborne illness forever and ever? tees that have relevant jurisdiction can upon one another in good faith to sug- Probably not. Probably not. But it is look at this, make recommendations. gest changes, to point out things going to be a lot better than what we We should not do it in the heat of pas- maybe we didn’t see due to our blind- have right now, a lot better, because sion, right now. We just came off of a ers. We help each other put together we are going to look at prevention— very heated election. There have been a bills that have broad support and broad preventing the pathogens from en- lot of changes made. I understand that.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8027 We live with that. That is fine. But try to reach these agreements. But I too far. We are too close. We have too now is not the time to start throwing guess we are going to be forced to do many compromises that we made that up red-hot issues that were in the cam- that. I hope that is not so. are so widely supported. I am afraid paign. Let’s let things cool down a lit- I also heard that maybe someone that if we lose this, all the good work tle bit and approach an issue such as might want to read the bill. That is 4 that has gone in in the last year, the earmarks thoughtfully, with due dili- hours of reading the bill. That bill has last 2 years, the last 4 years putting gence and with due debate. been out here for a year. If anybody this together, it is going to be very This bill that is going to protect our wanted to read it, they could have read hard to put it back together again. So people from getting sick and our kids it by now. But that is just another de- people will continue to roll the dice from being injured for lifetimes be- laying tactic we really do not need. when they buy food. Maybe it is safe cause they eat contaminated peanut Again, on this issue of saying we can- and maybe it is not. butter—this is not the bill to deal with not vote on this bill unless we will vote We will continue to see more things something dealing with earmarks. I on earmarks, I say earmarks is an im- happen like what happened to Kayla hope my friend from Oklahoma will re- portant issue. I am happy to have the Boner, Monroe, IA, age 14. On October lent. There will be plenty of time and debate and to have a vote on that but 22, 2007, she turned 14 and passed her plenty of opportunities when we come not now. This is a food safety bill. We learner’s permit. The next day, she back in January with a new Congress, have it ready to go. We have all our stayed home. She had a foodborne ill- I say to my colleague from Oklahoma, compromises in place. This is not the ness due to E. coli contamination. She to bring up the matter of earmarks and time and this is not the bill on which was admitted to the Paella, IA, Com- have it debated fully and have some to debate the whole issue of earmarks. munity Hospital. Her symptoms wors- kind of resolution by both the Senate You might say, why are we so willing ened. She didn’t respond to antibiotics, and the House on that issue—but not to compromise, why am I so passionate and within a week her kidneys began right now. This is not the time to do it, on this bill? Because people are dying. to fail. Kayla was transferred to Blank not in the heat of coming off the cam- We have Thanksgiving coming up. Peo- Children’s Hospital for dialysis, but her paign. ple will be gathered around with their condition continued to deteriorate. She Let’s keep our eye on the ball. This is families—except for all those people in suffered a seizure and began to have a food safety bill. We have come so homeless shelters. Mr. President, heart problems. A few days later, close. We have an agreement from the 950,000 children in America who go to Kayla’s brain activity stopped, and her House that what we pass here, the bill elementary, middle, and high school parents made the painful decision to we have put together, that we reached will not have a home to go to this take their beautiful daughter off life all these compromises on—we have an Thanksgiving because they are living support. agreement from the House, if we pass it in homeless shelters. Think about that. For Kyle Allgood—spinach. His fam- and we do get significant—we get bi- They are living in cars and homeless ily is going to have an empty seat at partisan support, that the House would shelters. They are being shunted their Thanksgiving table this year. take it and pass it and send it right to around—950,000. Am I going to stand Kyle, a playful 2-year-old, fell ill after the President. What more could you here and say that if we pass this bill eating bagged spinach contaminated by ask for than that? We get to decide and get it to the President, that is a deadly strain of E. coli. They thought what the President actually signs into going to keep any one of them from it was flu. He began to cry from excru- law. getting sick on what they might eat on ciating abdominal pain. He was flown Without going into every little thing Thanksgiving Day? I am not here to all the way to a Salt Lake City hos- we have done here, let me just mention say that. But what this bill will do is pital. His kidneys failed, he had a heart a few. send a strong signal that we are going attack, and he died—from eating Senator COBURN was concerned about to take the steps necessary in the com- bagged spinach. the authorization level, so we offered ing months and years to upgrade our Stephanie Bartilucci’s family is also in good faith to reduce it by 50 percent. food safety system so that the chance, going to have an empty seat at their That is kind of a compromise—we just the likelihood of them ever getting Thanksgiving table this year—killed reduced the authorization by 50 percent sick from eating contaminated food is by listeria, eating lettuce. She was 30 on the grants. We offered to modify the going to be greatly decreased. Surely weeks pregnant, Stephanie was. She sections on performance standards and we can at least send that hopeful mes- felt that something was wrong. When surveillance. It is completely done. We sage out to our families before Thanks- she went for an ultrasound, it showed completely struck section 510. We giving. Surely we could do that and not that the baby was not moving. She had called for increasing the hiring of FDA get bollixed up around here in politics contractions, and eventually her heart staff. In our bill, we called for increas- and political debate. began to beat dangerously fast and she ing staff to conduct certain inspec- I know of no politics on this bill. I had to undergo an emergency C-sec- tions. My friend objected to that. In know of no politics. I mean Democrat, tion. When she awoke, she found that the spirit of compromise, we struck it. Republican, left, right, liberal, con- her baby boy had bleeding in his brain We said no, we are not going to call for servative—I don’t know of anything and couldn’t breathe on his own. He increasing hiring of field staff. Mr. like that. There is not. I do know that was intubated and brain dead. Steph- COBURN had some concerns—rightfully this issue of earmarks, regardless of anie soon discovered she had been suf- so, by the way—about improving co- the substantive issue, is a political fering from a bacterial infection from ordination between FDA and USDA, so issue too. They may have substantive eating contaminated lettuce. The bac- we offered to add his language that reasons, but there is also a lot of poli- teria was so deadly that she became would force them to get together and tics hanging around that. septic and almost lost her own life. Her not duplicate efforts, and on the cus- Let’s take the bill that has no poli- newborn baby, Michael, died in her toms side, too, so we would eliminate tics, knows neither left nor right, con- arms that night. any kind of duplication of inspections. servative, liberal, Democrat, or Repub- There are also families who have had We put that in the bill. lican. It has nothing to do with ear- loved ones survive foodborne illnesses, We offered to do all this and to put it marks or what we ever do with ear- but their lives will never be the same, in the bill, and we did, and that will be marks or anything else. It has to do such as Rylee Gustafson and her fam- in our amendment that we offer. We with the safety and welfare of our ily. On Rylee’s ninth birthday, she will in good faith put those things in American families, of our kids. I am began to complain of stomach pain our bill. But then I am told that now just asking people to be reasonable. after eating E. coli-contaminated spin- we are probably going to have to file There is a time and place for polit- ach. Within 72 hours, she had been ad- cloture, fill the tree, and do all that ical debate, even here on the Senate mitted to UCSF Children’s Hospital. stuff which I was hoping we would not floor. We may say it does not happen, Her kidneys began to fail, and dialysis have to do. That is not the way to do but we know it does. There is a time treatments were started. In addition to business here. I don’t like doing it that and place for that. That will happen— kidney failure, she experienced halluci- way. That is why we worked so hard to not now, not on this bill. We have come nations and temporary loss of vision,

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8028 CONGRESSIONAL RECORD — SENATE November 18, 2010 developed high blood pressure and dia- ney failure and pulmonary embolism. called the Dietary Supplement Health betes, and had fluid buildup in her The FDA also warned: and Education Act, DSHEA, dietary lungs and around her heart. On the 10th [A]anabolic steroids may cause other seri- supplements, unlike new drug applica- day of hospitalization, Rylee’s condi- ous long-term adverse health consequences tions, are not closely scrutinized and tion had deteriorated to the point in men, women, and children. These include do not require premarket approval by where the doctors believed it necessary shrinkage of the testes and male infertility, the FDA before the products can be to prepare her family that she might masculinization of women, breast enlarge- sold. Premarket notification for die- not pull through. Rylee spent 35 days ment in males, short stature in children, ad- tary supplements is required only if verse effects on blood lipid levels, and in- the product contains new dietary in- in the hospital and will have to endure creased risk of heart attack and stroke. the memories of that traumatic time gredients, meaning products that were New anabolic steroids—often called for the rest of her life. The long-term not on the U.S. market before DSHEA designer steroids—are coming on the effects of her illness are currently un- passed in 1994. market every day, and FDA and DEA known. If the FDA determines that a dietary How many Americans will have to are unable to keep pace and effectively supplement is a steroid, it has several die, how many of these kids will be- stop these products from reaching con- enforcement measures available to use. come sick before we fulfill our respon- sumers. FDA may treat the product as an unap- sibility to modernize our woefully out- At the Senate Judiciary Sub- proved new drug or as an adulterated dated food safety system? committee on Crime and Drugs hearing dietary supplement under the Food How many families will have to en- I chaired on September 29, 2009, rep- Drug and Cosmetic Act. Misdemeanor dure a tragic loss before we pass this resentatives from FDA and DEA, as violations of the Food Drug and Cos- legislation? One more tragedy is one well as the U.S. Anti-Doping Agency, metic Act may apply, unless there is too many. I urge my colleagues, as testified that there is a cat and mouse evidence of intent to defraud or mis- they think about their holiday plans game going on between unscrupulous lead, a requirement for a felony charge. and their preparations, to take a mo- supplement makers and law enforce- However, given the large number of di- ment to think about families who have ment—with the bad actors engineering etary supplement products on the mar- had their holidays disrupted by con- more and more new anabolic steroids ket, it is far beyond the manpower of taminated food. Five thousand people by taking the known chemical for- the FDA to inspect every product to die every year in this country because mulas of anabolic steroids listed as find, and take action against, those of contaminated food. Among them are controlled substances in schedule III that violate the law—as the FDA itself many children. As they spend the day and then changing the chemical com- has acknowledged. with their loved ones preparing position just slightly, perhaps by a The better enforcement route is a Thanksgiving banquets, the last thing molecule or two. These products are criminal prosecution under the Con- people want is to be jeopardized by the rapidly put on the market—in stores trolled Substances Act. However, the threat of food contamination. Yet and over the Internet—without testing process to classify a new anabolic ster- many families are haunted by this. It and proving the safety and efficacy of oid as a controlled substance under is unacceptable. It is past time we do these new products. There is no schedule III is difficult, costly and something. We have come too far. We prenotification to, or premarket ap- time consuming, requiring years to have reached compromises. We have proval by, Federal agencies occurring complete. Current law requires that to the support of many sectors of society. here. These bad actors are able to sell classify a substance as an anabolic Again, if we pass this bill, will it en- and make millions in profits from their steroid, DEA must demonstrate that sure that no kid like Rylee will ever designer steroids because while it takes the substance is both chemically and get sick again? I can’t make that them only weeks to design a new ster- pharmacologically related to testos- promise. Or that no one will ever die? oid by tweaking a formula for a banned terone. The chemical analysis is the I can’t make that promise. But I can anabolic steroid, it takes literally more straightforward procedure, as it promise this: With the passage of this years for DEA to have the new anabolic requires the agency to conduct an anal- bill, putting it into law, the chances steroid classified as a controlled sub- ysis to determine the chemical struc- there will be another Rylee Gustafson stance so DEA can police it. ture of the new substance to see if it is will be diminished greatly. The FDA witness at the hearing, related to testosterone. The pharma- Let’s not get this caught up in poli- Mike Levy, Director of the Division of cological analysis, which must be tics. Let’s get the politics out of this. New Drugs and Labeling Compliance, outsourced, is more costly, difficult, Let’s vote on the bill. Let’s get it acknowledged that this is a ‘‘chal- and can take years to complete. It re- through. Let’s go home. Let Senators lenging area’’ for FDA. He testified quires both in vitro and in vivo anal- go home for Thanksgiving grateful that for FDA it is ‘‘difficult to find the yses—the latter is an animal study. that we have done a good thing, that violative products and difficult to act DEA must then perform a comprehen- we have done something good for our on these problems.’’ The DEA witness, sive review of existing peer-reviewed country, and that we didn’t let it get Joseph T. Rannazzisi, Deputy Assistant literature. all boxed up in politics. Isn’t that the Administrator for DEA, was even Even after DEA has completed the least we can do for the country on this blunter. When I questioned him at the multiyear scientific evaluation proc- Thanksgiving week? hearing, Mr. Rannazzisi admitted that ess, the agency must embark on a I yield the floor. ‘‘at the present time I don’t think we lengthy regulatory review and public- Mr. SPECTER. Madam President, I are being effective at controlling these comment process, which typically have sought recognition to speak in drugs.’’ He described the process as delays by another year or two the time favor of my amendment No. 4693 to the ‘‘extremely frustrating’’ because ‘‘by it takes to bring a newly emerged ana- FDA Food Safety Modernization Act the time we get something to the point bolic steroid under control. As part of S.510 to permit emergency scheduling where it will be administratively this latter process, DEA must conduct of designer anabolic steroids. scheduled [as a controlled substance], interagency reviews, which means Anabolic steroids—masquerading as there’s two to three [new] substances sending the studies and reports to the body building dietary supplements—are out there.’’ Department of Justice, DOJ, the Office sold to millions of Americans in shop- The failure of enforcement is caused of Management and Budget, OMB, and ping malls and over the Internet even by the complexity of the regulations, the Department of Health and Human though these products put at grave statutes and science. Either the Food Services, HHS—provide public notifica- risk the health and safety of Ameri- Drug and Cosmetic Act, which provides tion of the proposed rule, allow for a cans who use them. The harm from jurisdiction for FDA, or the Controlled period of public comment, review and these steroid-tainted supplements is Substances Act, which provides juris- comment on all public comments, real. In its July 28, 2009, public health diction for DEA, or both, can be appli- write a final rule explaining why the advisory, the FDA described the health cable depending on the ingredients of agency agreed or did not agree with the risk of these types of products to in- the substance. Under a 1994 amendment public comments, send the final rule clude serious liver injury, stroke, kid- to the Food Drug and Cosmetic Act, and agency comments back to DOJ,

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8029 OMB and HHS, and then publish the Utilizing the same criteria, the the allocation to the Senate Health, final rule, all in accordance with the amendment permits the Attorney Gen- Labor, Education, and Pensions Com- Administrative Procedures Act. To eral to issue a permanent order adding mittee. date, under these cumbersome proce- such substances to the list of anabolic I ask unanimous consent that the fol- dures, DEA has only been able to clas- steroids in schedule III of the Con- lowing revisions to S. Con. Res. 13 be sify three new anabolic steroids as con- trolled Substances Act. printed in the RECORD. trolled substances and that process— The amendment also includes new There being no objection, the mate- completed only after the September 29, criminal and civil penalties for falsely rial was ordered to be printed in the 2010, Senate Judiciary subcommittee labeling substances that are actually RECORD, as follows: hearing—took more than 5 years to fin- anabolic steroids. The penalties arise ish. where a supplement maker fails to CONCURRENT RESOLUTION ON THE It is clear that the current complex BUDGET FOR FISCAL YEAR 2010—S. truthfully indicate on the label—using CON. RES. 13; FURTHER REVISIONS TO and cumbersome regulatory system has internationally accepted and under- THE CONFERENCE AGREEMENT PUR- failed to protect consumers from un- standable terminology—that the prod- SUANT TO SECTION 311(c) DEFICIT-NEU- derground chemists who easily and rap- uct contains an anabolic steroid. These TRAL RESERVE FUND FOR FOOD SAFE- idly produce designer anabolic steroids penalties are intended to be substantial TY by slightly changing the chemical com- enough to take away the financial in- [In billions of dollars] position of the anabolic steroids al- centive of unscrupulous manufacturers, Section 101 ready included on schedule III as con- distributors, and retailers who might (1)(A) Federal Revenues: trolled substances. The story of Jareem otherwise be willing to package these FY 2009 ...... 1,532.579 Gunter, a young college athlete who products in a way that hides the true FY 2010 ...... 1,612.278 testified at the hearing, illustrates the contents from law enforcement and FY 2011 ...... 1,939.131 system’s failure. To improve his ath- consumers. FY 2012 ...... 2,142.415 letic performance 4 years ago, Jareem Finally, the amendment adds to FY 2013 ...... 2,325.527 purchased in a nutrition store a die- schedule III 33 new anabolic steroids FY 2014 ...... 2,575.718 tary supplement called Superdrol, a that have emerged in the marketplace (1)(B) Change in Federal Reve- product he researched extensively on in the 6 years since Congress passed the nues: the Internet and believed was safe. Un- Anabolic Steroid Control Act of 2004. It FY 2009 ...... 0.008 fortunately it was not. Superdrol con- also instructs the U.S. Sentencing FY 2010 ...... –53.708 tained an anabolic steroid which to Commission to review and revise the FY 2011 ...... –149.500 FY 2012 ...... –217.978 this day is still not included in the list Federal sentencing guidelines to en- of controlled substances. After using FY 2013 ...... –189.810 sure that where an anabolic steroid FY 2014 ...... –57.940 Superdrol for just several weeks, product is illegally manufactured or (2) New Budget Authority: Jareem came close to dying because distributed, and that product is in a FY 2009 ...... 3,675.736 this product—which he thought would tablet, capsule, liquid or other form FY 2010 ...... 2,907.837 make him stronger and healthier—seri- that makes it difficult to determine FY 2011 ...... 2,858.866 ously and permanently injured his the actual amount of anabolic steroid FY 2012 ...... 2,831.668 liver. He spent 4 weeks in the hospital in the product, the sentence will be FY 2013 ...... 2,991.128 and has never been able to return to based on the total weight of the prod- FY 2014 ...... 3,204.977 complete his college education. uct. (3) Budget Outlays: To close the loopholes in the present Amendment No. 4693 simplifies and FY 2009 ...... 3,358.952 laws that allow the creation and easy expedites the process for scheduling an- FY 2010 ...... 3,015.541 distribution of deadly new anabolic abolic steroids as controlled sub- FY 2011 ...... 2,976.251 steroids masquerading as dietary sup- stances. By making this simple proce- FY 2012 ...... 2,878.305 plements, I filed amendment No. 4693 dural change, we can protect the FY 2013 ...... 2,992.352 to the FDA Food Safety Modernization health and lives of countless Ameri- FY 2014 ...... 3,181.417 Act S.510 to permit emergency sched- cans and provide an effective enforce- CONCURRENT RESOLUTION ON THE uling of designer anabolic steroids. The ment mechanism to hold accountable BUDGET FOR FISCAL YEAR 2010—S. amendment simplifies the definition of those individuals and their companies CON. RES. 13; FURTHER REVISIONS TO anabolic steroid to more effectively which purposefully exploit the current THE CONFERENCE AGREEMENT PUR- target designer anabolic steroids, and SUANT TO SECTION 311(c) DEFICIT-NEU- regulatory system for their selfish TRAL RESERVE FUND FOR FOOD SAFE- permits the Attorney General to issue gain. I urge my colleagues to pass TY faster temporary and permanent orders amendment No. 4693 to the FDA Food [In millions of dollars] adding recently emerged anabolic Safety Modernization Act S. 510. steroids to the list of anabolic steroids Mr. CONRAD. Madam President, sec- Current Allocation to Senate Health, in schedule III of the Controlled Sub- tion 311(c) of S. Con. Res. 13, the 2010 Education, Labor, and Pensions Committee: stances Act. budget resolution, permits the chair- FY 2009 Budget Authority ...... –22,612 Under the amendment, if a substance man of the Senate Budget Committee FY 2009 Outlays ...... –19,258 is not listed in schedule III of the Con- to adjust the allocations of a com- FY 2010 Budget Authority ...... 4,159 trolled Substances Act but has a chem- mittee or committees, aggregates, and FY 2010 Outlays ...... 1,295 ical structure substantially similar to other appropriate levels and limits in FY 2010–2014 Budget Authority ...... 43,782 one of the already listed and banned the resolution for legislation that FY 2010–2014 Outlays ...... 43,026 anabolic steroids, the new substance would improve the safety of the food Adjustments:* will be considered to be an anabolic supply in the United States. This ad- FY 2009 Budget Authority ...... 0 steroid if it was intended to affect the justment to S. Con. Res. 13 is contin- FY 2009 Outlays ...... 0 structure or function of the body like gent on the legislation not increasing FY 2010 Budget Authority ...... 0 the banned anabolic steroids do. In the deficit over either the period of the FY 2010 Outlays ...... 0 other words, DEA will not have to per- total of fiscal years 2009 through 2014 or FY 2010–2014 Budget Authority ...... 0 form the complex and time consuming the period of the total of fiscal years FY 2010–2014 Outlays ...... 0 pharmacological analysis to determine 2009 through 2019. Revised Allocation to Senate Health, Education, Labor, and Pensions how the substance will affect the struc- I find that S. 510, a bill to amend the Committee:* ture and function of the body, as long Federal Food, Drug, and Cosmetic Act FY 2009 Budget Authority ...... –22,612 as the agency can demonstrate that with respect to the safety of the food FY 2009 Outlays ...... –19,258 the new steroid was created or manu- supply, fulfills the conditions of the FY 2010 Budget Authority ...... 4,159 factured for the purpose of promoting deficit-neutral reserve fund for food FY 2010 Outlays ...... 1,295 muscle growth or causing the same safety. Therefore, pursuant to section FY 2010–2014 Budget Authority ...... 43,782 pharmacological effects as testos- 311(c), I am adjusting the aggregates in FY 2010–2014 Outlays ...... 43,026 terone. the 2010 budget resolution, as well as **According to CBO, the amendment in a nature of a substitute would increase revenues from civil and criminal penalties and related spending by less than $500,000. The reserve fund adjustment accommodates this negligible increase in revenues and spending. VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0655 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8030 CONGRESSIONAL RECORD — SENATE November 18, 2010 Ms. MIKULSKI. Madam President, I ment in time. Several things have been ommendations from that group is ad- rise to address one of the most impor- stated during the course of the debate dressed in our bill, including increasing tant issues facing our Nation, the safe- which I would like to address. Most of inspections and making them risk re- ty of America’s food supply. I support them were stated by my friend from lated, giving FDA mandatory recall au- the FDA Food Safety Modernization Oklahoma, Senator COBURN. At this thority, improving registration of food Act that will help reduce the rash of point he is the only Senator holding up facilities, and giving the FDA the au- contaminated foods that have recently this bill from consideration, one Sen- thority to ban contaminated imports. entered our food supply. Every person ator. Our bill fills all of the critical gaps in should have confidence that their food At this point 89 percent of the Amer- the FDA’s food safety authority that is fit to eat. ican people support food safety reform have been identified by the National While the FDA has always been the to make our food safer and to have Academy of Sciences. gold standard in maintaining the safe- more inspections of imported food so For Senator COBURN to say it is un- ty and efficacy of our food and drugs, our children and family members don’t necessary is to ignore science and fact the salmonella outbreak in eggs over get sick; 89 percent support it. The bill and, I guess, the reality that if we are the summer made it painfully clear has substantial bipartisan support. going to make food safer, we need to do that we need to do more—and that the Twenty Republican and Democratic our job better. That is why all the key law needs updating. The outbreak re- Senators are committed to this bill. consumer protection and public health sulted in as many as 79,000 illnesses, 30 Seventy-four Senators, almost three- groups support this bill—all of them. He thinks this bill is not good for deaths, and the recall of roughly one fourths of the Senate, voted to move business. He says it hurts their profits half billion eggs. Beyond that, the Cen- forward on this bill, a strong bipartisan and their productivity. He is just ters for Disease Control informs us roll call. The House passed a com- wrong. The number and diversity of the that 76 million people get sick, and panion bill with the support of 54 Re- industry and business groups that sup- 5,000 die, each year from foodborne ill- publicans. We know it is a bipartisan port the bill speaks for itself. Listen to nesses. Just last week the FDA warned issue. This should not be a partisan the groups that support the food safety Marylanders about a potential out- fight. bill and tell me they are acting against Senator COBURN objected to giving break of E. coli in apple cider sold in their best business interests: the Gro- the Federal Government the authority the State. cery Manufacturers Association, the I applaud the quick action by the to recall a dangerous food product. U.S. Chamber of Commerce, the Amer- FDA in responding to these food out- Most people believe if there is a dan- ican Beverage Association, the Amer- breaks, but we can do better. FDA gerous food product in stores across ican Frozen Food Institute, the Food Commissioner Margaret Hamburg has America, the Federal Government Marketing Institute, the International told us that she needs more resources sends out a notice, and it is brought in. Dairy Foods Association, National Res- and more authority to oversee the way That is not the case. The Federal Gov- taurant Association, Snack Food Asso- our food is produced and monitored. ernment does not have the legal au- ciation, National Coffee Association, That is why, as a committed advocate thority to recall any food products. All National Milk Producers Federation, of food safety nationwide, I support the it can do is publicize that the products National Confectioners Association, FDA Food Safety Modernization Act. are dangerous and hope that grocers Organic Trade Association, the Amer- This bipartisan bill would give the and retailers and manufacturers will ican Feed Industry Association. FDA authority to order mandatory take them off the shelves. That is it. If Senator COBURN is right, every one food recalls for unsafe foods if compa- That is the existing state of law. We of these associations’ leadership should nies don’t do it themselves. It sets FDA give the government that authority. be removed tomorrow because, under safety standards for produce, creates Senator COBURN said it is not nec- his analysis, they have decided to sup- stronger FDA regulations for sanitary essary. He claims not one company has port a bill that hurts their business. food transportation from our producers ever refused to recall contaminated They know better. Safe food is good to our grocery stores, and establishes food. He is just wrong. There are many business. Think about what it costs FDA pilot projects to better track instances of companies that just these companies when they have to re- where fruits and vegetables come from. flatout refuse to recall their food or call a product, when it damages their This bill also emphasizes prevention delay a recall, and many people get reputation and all the things they will and taking action to prevent food out- sick and die. That is a fact. go through to try to clean up their act. breaks from occurring in the first Last year Westco Fruit and Nut Com- Senator COBURN says there are 10 or place. It ensures that facilities have pany flatout refused FDA’s request to 20 deaths per year caused by foodborne food safety plans in place to identify, recall contaminated peanut products. illness. The Senator is just wrong. He evaluate, and address food safety haz- A few years ago, GAO released a report uses this number to support his asser- ards. With the growing amount of food entitled ‘‘Actions Needed by FDA to tion that there are not enough victims that is imported globally, this bill en- Ensure Companies Carry Out Recalls’’ to justify a bill. Here are the facts. Ac- sures imported food meets the same which highlighted six other companies cording to the Center for Disease Con- safety standards as domestic food by that flatout refused to recall contami- trol, there are not 10 or 20 deaths per requiring importers to verify the safety nated food when they were told it was year, there are 5,000 deaths in America of foreign suppliers and imported food. dangerous. Even the Bush administra- every single year caused by foodborne This bill would grant the FDA the au- tion realized how important this was illness—5,000. Senator REID can tell thority it needs to protect the health and formally requested mandatory re- some stories about his State which was of our families. call authority in the 2007 food protec- hit particularly hard by food illness. It is time we get serious about the tion plan. Moreover, every year 76 million safety of our Nation’s food. The health Senator COBURN has his facts wrong Americans contract a foodborne ill- of Americans is not something to take when he claims the FDA does not need ness; 325,000 are hospitalized. A few a chance with. It is important that we the mandatory recall authority. weeks ago I told you about one of the make food safety a top priority. We Senator COBURN also claims our bill victims, a young man named Richard must pass the FDA Food Safety Mod- does not address the real problem in Chatfield from Owasso, OK. At age 15, ernization Act and empower the FDA our Nation’s food safety system. he was on a camping trip and was diag- to set safety standards and hold food Once again, he is mistaken. The Na- nosed with E. coli. For 8 years, he suf- producers accountable. tional Academy of Sciences disagrees. fered pain, migraine headaches, dry Mr. DURBIN. Madam President, I In June, the National Academy re- heaves, and high blood pressure, and would like to say a few words on this leased a report entitled ‘‘Enhancing after going on dialysis, kidney failure. legislation because it is something I Food Safety, the Role of the FDA.’’ When we were last debating this bill, have worked on for many years. I can’t The report contained seven critical Richard was lying in the hospital and thank Senator HARKIN and Senator recommendations for improving food his mother Christine had rushed to be ENZI and others enough for their hard safety. This is not a partisan group. by his side. That hospital turned out to work in bringing this issue to this mo- Every single one of the key rec- be the scene of Richard’s death.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8031 On Monday, October 18, while we Mrs. BOXER. I ask for the yeas and FDA FOOD SAFETY were still holding up the food safety nays. MODERNIZATION ACT bill, Richard Chatfield died from The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The foodborne illness. The complications sufficient second? clerk will report the bill by title. from an E. coli infection he got 8 years There appears to be a sufficient sec- The assistant legislative clerk read ago proved to be too much for him. ond. as follows: When I hear Senator COBURN on the The question is on agreeing to the A bill (S. 510) to amend the Federal Food, Senate floor saying there are not motion. Drug, and Cosmetic Act with respect to the enough people dying for us to go to The clerk will call the roll. safety of the food supply. work here, he is just plain wrong. Rich- The legislative clerk called the roll. The Senate proceeded to consider the ard Chatfield of his State is dramatic Mr. DURBIN. I announce that the bill, which had been reported from the evidence of that fact. Senator from Indiana (Mr. BAYH), the Committee on Health, Education, As we stand here today, one Senator Senator from Massachusetts (Mr. Labor, and Pensions, with an amend- is blocking a bill to protect millions of KERRY), the Senator from New Jersey ment to strike all after the enacting Americans. Moms and dads across (Mr. MENENDEZ), the Senator from clause and insert in lieu thereof the America making dinner tonight, if West Virginia (Mr. ROCKEFELLER), the following: they happen to have missed the chan- Senator from Pennsylvania (Mr. SPEC- SECTION 1. SHORT TITLE; REFERENCES; TABLE nel they were looking for and ended up TER), and the Senator from Virginia OF CONTENTS. on C–SPAN and are following this de- (a) SHORT TITLE.—This Act may be cited as (Mr. WEBB) are necessarily absent. bate, we are talking about an issue the ‘‘FDA Food Safety Modernization Act’’. Mr. KYL. The following Senators are that goes right into their refrigerator (b) REFERENCES.—Except as otherwise speci- necessarily absent: the Senator from and stove and kitchen as to whether fied, whenever in this Act an amendment is ex- Tennessee (Mr. ALEXANDER), the Sen- the food they are putting on the table pressed in terms of an amendment to a section or ator from Kentucky (Mr. BUNNING), the other provision, the reference shall be consid- is safe for their kids. One Senator from Senator from South Carolina (Mr. ered to be made to a section or other provision Oklahoma says it is not a big enough DEMINT), the Senator from Nevada of the Federal Food, Drug, and Cosmetic Act (21 problem. It is. It is a problem that is a (Mr. ENSIGN), the Senator from New U.S.C. 301 et seq.). life-and-death issue. (c) TABLE OF CONTENTS.—The table of con- Hampshire (Mr. GREGG), the Senator I thank the Senator from Iowa for his tents for this Act is as follows: from Texas (Mrs. HUTCHISON), the Sen- leadership on this issue and Senator Sec. 1. Short title; references; table of contents. ator from Nebraska (Mr. JOHANNS), the REID for bringing this up. If we save TITLE I—IMPROVING CAPACITY TO Senator from Alaska (Ms. MURKOWSKI), one life, it is worth the effort. PREVENT FOOD SAFETY PROBLEMS the Senator from Idaho (Mr. RISCH), I yield the floor. Sec. 101. Inspections of records. The PRESIDING OFFICER. The Sen- and the Senator from Louisiana (Mr. Sec. 102. Registration of food facilities. ator from Iowa. VITTER). Sec. 103. Hazard analysis and risk-based pre- Mr. HARKIN. Madam President, I Further, if present and voting, the ventive controls. thank my friend and colleague from Il- Senator from Tennessee (Mr. ALEX- Sec. 104. Performance standards. Sec. 105. Standards for produce safety. linois, Senator DURBIN. He has been the ANDER) would have voted ‘‘nay’’ and the Senator from Kentucky (Mr. Sec. 106. Protection against intentional adulter- leader on this issue for several years. ation. BUNNING) would have voted ‘‘nay.’’ We have been working on this bill for a Sec. 107. Authority to collect fees. number of years. It is Senator DURBIN The PRESIDING OFFICER (Mr. Sec. 108. National agriculture and food defense who has led the charge on this going FRANKEN). Are there any other Sen- strategy. back literally several years. We have ators in the Chamber desiring to vote? Sec. 109. Food and Agriculture Coordinating come so close. We have made all the The result was announced—yeas 57, Councils. compromises. We have consumer nays 27, as follows: Sec. 110. Building domestic capacity. Sec. 111. Sanitary transportation of food. groups, the Chamber of Commerce, [Rollcall Vote No. 251 Leg.] Sec. 112. Food allergy and anaphylaxis man- U.S. PIRG. We never get those people YEAS—57 agement. to agree on anything, and they all Akaka Feingold Mikulski TITLE II—IMPROVING CAPACITY TO DE- agree on this bill. Baucus Feinstein Murray TECT AND RESPOND TO FOOD SAFETY I thank Senator DURBIN for all his Begich Franken Nelson (NE) PROBLEMS great leadership. Hope springs eternal, Bennet Gillibrand Nelson (FL) Bingaman Hagan Pryor Sec. 201. Targeting of inspection resources for and I still hope we will get the votes to Boxer Harkin Reed domestic facilities, foreign facili- pass this and keep the politics out of Brown (MA) Inouye Reid ties, and ports of entry; annual it. Brown (OH) Johnson Sanders report. I wish to correct something I said Burris Klobuchar Schumer Sec. 202. Recognition of laboratory accredita- Cantwell Kohl Shaheen earlier. Earlier today I had met with tion for analyses of foods. Cardin Landrieu Snowe Sec. 203. Integrated consortium of laboratory Carper Lautenberg Stabenow Senator COBURN, and we had a number networks. of things he wanted that I said I would Casey Leahy Tester Collins Levin Udall (CO) Sec. 204. Enhancing traceback and record- try to put in the amendment on which Conrad Lieberman Udall (NM) keeping. we will be voting. In good faith, I said Coons Lincoln Voinovich Sec. 205. Pilot project to enhance traceback and I would do that. But then, of course, we Dodd Manchin Warner recordkeeping with respect to had to send it out to various offices to Dorgan McCaskill Whitehouse processed food. Durbin Merkley Wyden get Senators to sign off on it. We Sec. 206. Surveillance. NAYS—27 Sec. 207. Mandatory recall authority. couldn’t get Republican Senators to Sec. 208. Administrative detention of food. sign off on it. So I wish to correct the Barrasso Cornyn LeMieux Sec. 209. Decontamination and disposal stand- record. Bennett Crapo Lugar Bond Enzi McCain ards and plans. The changes I had mentioned earlier Brownback Graham McConnell Sec. 210. Improving the training of State, local, that I was willing to put in the bill for Burr Grassley Roberts territorial, and tribal food safety Senator COBURN were not objected to Chambliss Hatch Sessions officials. Coburn Inhofe Shelby Sec. 211. Grants to enhance food safety. by anybody on our side. It was objected Cochran Isakson Thune to by Republicans and not Democrats. Corker Kyl Wicker TITLE III—IMPROVING THE SAFETY OF It is not in the bill. These were changes IMPORTED FOOD NOT VOTING—16 I was willing to make to accommodate Sec. 301. Foreign supplier verification program. the Senator from Oklahoma. Alexander Hutchison Rockefeller Sec. 302. Voluntary qualified importer program. Bayh Johanns Specter The PRESIDING OFFICER. The ma- Sec. 303. Authority to require import certifi- Bunning Kerry Vitter cations for food. jority leader. DeMint Menendez Webb Sec. 304. Prior notice of imported food ship- Mr. REID. Madam President, is the 30 Ensign Murkowski ments. Gregg Risch hours postcloture gone? Sec. 305. Review of a regulatory authority of a The PRESIDING OFFICER. It is. The motion was agreed to. foreign country.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 6343 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8032 CONGRESSIONAL RECORD — SENATE November 18, 2010 Sec. 306. Building capacity of foreign govern- (2) by redesignating paragraphs (3) and (4) as ‘‘(A) the date on which the Secretary issues ments with respect to food. paragraphs (4) and (5), respectively; and regulations under paragraph (5); or Sec. 307. Inspection of foreign food facilities. (3) by inserting after paragraph (2) the fol- ‘‘(B) 180 days after the date of enactment of Sec. 308. Accreditation of third-party auditors lowing: the FDA Food Safety Modernization Act. and audit agents. ‘‘(3) BIENNIAL REGISTRATION RENEWAL.—Dur- ‘‘(7) NO DELEGATION.—The authority con- Sec. 309. Foreign offices of the Food and Drug ing the period beginning on October 1 and end- ferred by this subsection to issue an order to Administration. ing on December 31 of each even-numbered year, suspend a registration or vacate an order of sus- Sec. 310. Smuggled food. a registrant that has submitted a registration pension shall not be delegated to any officer or TITLE IV—MISCELLANEOUS PROVISIONS under paragraph (1) shall submit to the Sec- employee other than the Commissioner.’’. retary a renewal registration containing the in- Sec. 401. Funding for food safety. (2) IMPORTED FOOD.—Section 801(l) (21 U.S.C. formation described in paragraph (2). The Sec- Sec. 402. Whistleblower protections. 381(l)) is amended by inserting ‘‘(or for which a retary shall provide for an abbreviated registra- Sec. 403. Jurisdiction; authorities. registration has been suspended under such sec- tion renewal process for any registrant that has Sec. 404. Compliance with international agree- tion)’’ after ‘‘section 415’’. not had any changes to such information since ments. (c) CONFORMING AMENDMENTS.— the registrant submitted the preceding registra- (1) Section 301(d) (21 U.S.C. 331(d)) is amend- TITLE I—IMPROVING CAPACITY TO tion or registration renewal for the facility in- ed by inserting ‘‘415,’’ after ‘‘404,’’. PREVENT FOOD SAFETY PROBLEMS volved.’’. (2) Section 415(d), as redesignated by sub- SEC. 101. INSPECTIONS OF RECORDS. (b) SUSPENSION OF REGISTRATION.— section (b), is amended by adding at the end be- (a) IN GENERAL.—Section 414(a) (21 U.S.C. (1) IN GENERAL.—Section 415 (21 U.S.C. 350d) fore the period ‘‘for a facility to be registered, 350c(a)) is amended— is amended— except with respect to the reinstatement of a (1) by striking the heading and all that fol- (A) in subsection (a)(2), by inserting after the registration that is suspended under subsection lows through ‘‘of food is’’ and inserting the fol- first sentence the following: ‘‘The registration (b)’’. shall contain an assurance that the Secretary lowing: ‘‘RECORDS INSPECTION.— SEC. 103. HAZARD ANALYSIS AND RISK-BASED ‘‘(1) ADULTERATED FOOD.—If the Secretary will be permitted to inspect such facility at the PREVENTIVE CONTROLS. has a reasonable belief that an article of food, times and in the manner permitted by this Act.’’; (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et and any other article of food that the Secretary (B) by redesignating subsections (b) and (c) as seq.) is amended by adding at the end the fol- reasonably believes is likely to be affected in a subsections (c) and (d), respectively; and lowing: similar manner, is’’; (C) by inserting after subsection (a) the fol- lowing: ‘‘SEC. 418. HAZARD ANALYSIS AND RISK-BASED (2) by inserting ‘‘, and to any other article of PREVENTIVE CONTROLS. food that the Secretary reasonably believes is ‘‘(b) SUSPENSION OF REGISTRATION.— ‘‘(1) IN GENERAL.—If the Secretary determines ‘‘(a) IN GENERAL.—The owner, operator, or likely to be affected in a similar manner,’’ after that food manufactured, processed, packed, or agent in charge of a facility shall, in accord- ‘‘relating to such article’’; held by a facility registered under this section ance with this section, evaluate the hazards (3) by striking the last sentence; and has a reasonable probability of causing serious that could affect food manufactured, processed, (4) by inserting at the end the following: adverse health consequences or death to hu- packed, or held by such facility, identify and ‘‘(2) USE OF OR EXPOSURE TO FOOD OF CON- mans or animals, the Secretary may by order implement preventive controls to significantly CERN.—If the Secretary believes that there is a suspend the registration of the facility under minimize or prevent the occurrence of such haz- reasonable probability that the use of or expo- this section in accordance with this subsection. ards and provide assurances that such food is sure to an article of food, and any other article ‘‘(2) HEARING ON SUSPENSION.—The Secretary not adulterated under section 402 or misbranded of food that the Secretary reasonably believes is shall provide the registrant subject to an order under section 403(w), monitor the performance likely to be affected in a similar manner, will under paragraph (1) with an opportunity for an of those controls, and maintain records of this cause serious adverse health consequences or informal hearing, to be held as soon as possible monitoring as a matter of routine practice. death to humans or animals, each person (ex- but not later than 2 business days after the ‘‘(b) HAZARD ANALYSIS.—The owner, operator, cluding farms and restaurants) who manufac- issuance of the order or such other time period, or agent in charge of a facility shall— tures, processes, packs, distributes, receives, as agreed upon by the Secretary and the reg- ‘‘(1) identify and evaluate known or reason- holds, or imports such article shall, at the re- istrant, on the actions required for reinstate- ably foreseeable hazards that may be associated quest of an officer or employee duly designated ment of registration and why the registration with the facility, including— by the Secretary, permit such officer or em- that is subject to suspension should be rein- ‘‘(A) biological, chemical, physical, and radio- ployee, upon presentation of appropriate cre- stated. The Secretary shall reinstate a registra- logical hazards, natural toxins, pesticides, drug dentials and a written notice to such person, at tion if the Secretary determines, based on evi- residues, decomposition, parasites, allergens, reasonable times and within reasonable limits dence presented, that adequate grounds do not and unapproved food and color additives; and and in a reasonable manner, to have access to exist to continue the suspension of the registra- ‘‘(B) hazards that occur naturally, may be and copy all records relating to such article and tion. unintentionally introduced, or may be inten- to any other article of food that the Secretary ‘‘(3) POST-HEARING CORRECTIVE ACTION PLAN; tionally introduced, including by acts of ter- reasonably believes is likely to be affected in a VACATING OF ORDER.— rorism; and similar manner, that are needed to assist the ‘‘(A) CORRECTIVE ACTION PLAN.—If, after pro- ‘‘(2) develop a written analysis of the hazards. Secretary in determining whether there is a rea- viding opportunity for an informal hearing ‘‘(c) PREVENTIVE CONTROLS.—The owner, op- sonable probability that the use of or exposure under paragraph (2), the Secretary determines erator, or agent in charge of a facility shall to the food will cause serious adverse health that the suspension of registration remains nec- identify and implement preventive controls, in- consequences or death to humans or animals. essary, the Secretary shall require the registrant cluding at critical control points, if any, to pro- ‘‘(3) APPLICATION.—The requirement under to submit a corrective action plan to dem- vide assurances that— paragraphs (1) and (2) applies to all records re- onstrate how the registrant plans to correct the ‘‘(1) hazards identified in the hazard analysis lating to the manufacture, processing, packing, conditions found by the Secretary. The Sec- conducted under subsection (b) will be signifi- distribution, receipt, holding, or importation of retary shall review such plan in a timely man- cantly minimized or prevented; and such article maintained by or on behalf of such ner. ‘‘(2) the food manufactured, processed, person in any format (including paper and elec- ‘‘(B) VACATING OF ORDER.—Upon a deter- packed, or held by such facility will not be adul- tronic formats) and at any location.’’. mination by the Secretary that adequate terated under section 402 or misbranded under (b) CONFORMING AMENDMENT.—Section grounds do not exist to continue the suspension section 403(w). 704(a)(1)(B) (21 U.S.C. 374(a)(1)(B)) is amended actions required by the order, or that such ac- ‘‘(d) MONITORING OF EFFECTIVENESS.—The by striking ‘‘section 414 when’’ and all that fol- tions should be modified, the Secretary shall va- owner, operator, or agent in charge of a facility lows through ‘‘subject to’’ and inserting ‘‘sec- cate the order or modify the order. shall monitor the effectiveness of the preventive tion 414, when the standard for records inspec- ‘‘(4) EFFECT OF SUSPENSION.—If the registra- controls implemented under subsection (c) to tion under paragraph (1) or (2) of section 414(a) tion of a facility is suspended under this sub- provide assurances that the outcomes described applies, subject to’’. section, such facility shall not import food or in subsection (c) shall be achieved. SEC. 102. REGISTRATION OF FOOD FACILITIES. offer to import food into the United States, or ‘‘(e) CORRECTIVE ACTIONS.—The owner, oper- (a) UPDATING OF FOOD CATEGORY REGULA- otherwise introduce food into interstate or intra- ator, or agent in charge of a facility shall estab- TIONS; BIENNIAL REGISTRATION RENEWAL.—Sec- state commerce in the United States. lish procedures that a facility will implement if tion 415(a) (21 U.S.C. 350d(a)) is amended— ‘‘(5) REGULATIONS.—The Secretary shall pro- the preventive controls implemented under sub- (1) in paragraph (2), by— mulgate regulations that describe the standards section (c) are found to be ineffective through (A) striking ‘‘conducts business and’’ and in- the Commissioner will use in making a deter- monitoring under subsection (d). serting ‘‘conducts business, the e-mail address mination to suspend a registration, and the for- ‘‘(f) VERIFICATION.—The owner, operator, or for the contact person of the facility or, in the mat the Commissioner will use to explain to the agent in charge of a facility shall verify that— case of a foreign facility, the United States registrant the conditions found at the facility. ‘‘(1) the preventive controls implemented agent for the facility, and’’; and The Secretary may promulgate such regulations under subsection (c) are adequate to control the (B) inserting ‘‘, or any other food categories on an interim final basis. hazards identified under subsection (b); as determined appropriate by the Secretary, in- ‘‘(6) APPLICATION DATE.—Facilities shall be ‘‘(2) the owner, operator, or agent is con- cluding by guidance’’ after ‘‘Code of Federal subject to the requirements of this subsection be- ducting monitoring in accordance with sub- Regulations’’; ginning on the earlier of— section (d);

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8033 ‘‘(3) the owner, operator, or agent is making and vegetables) intended for further distribution U.S.C. 301 et seq.) or the Public Health Service appropriate decisions about corrective actions or processing, or the storage of packaged foods Act (42 U.S.C. 201 et seq.) to revise, issue, or en- taken under subsection (e); that are not exposed to the environment. force product and category-specific regulations, ‘‘(4) the preventive controls implemented ‘‘(m) DEFINITIONS.—For purposes of this sec- such as the Seafood Hazard Analysis Critical under subsection (c) are effectively and signifi- tion: Controls Points Program, the Juice Hazard cantly minimizing or preventing the occurrence ‘‘(1) CRITICAL CONTROL POINT.—The term ‘crit- Analysis Critical Control Program, and the of identified hazards, including through the use ical control point’ means a point, step, or proce- Thermally Processed Low-Acid Foods Packaged of environmental and product testing programs dure in a food process at which control can be in Hermetically Sealed Containers standards. and other appropriate means; and applied and is essential to prevent or eliminate (f) DIETARY SUPPLEMENTS.—Nothing in the ‘‘(5) there is documented, periodic reanalysis a food safety hazard or reduce such hazard to amendments made by this section shall apply to of the plan under subsection (i) to ensure that an acceptable level. any dietary supplement that is in compliance the plan is still relevant to the raw materials, ‘‘(2) FACILITY.—The term ‘facility’ means a with the requirements of sections 402(g)(2) and conditions and processes in the facility, and domestic facility or a foreign facility that is re- 761 of the Federal Food, Drug, and Cosmetic Act new and emerging threats. quired to register under section 415. (21 U.S.C. 342(g)(2), 379aa-1). ‘‘(g) RECORDKEEPING.—The owner, operator, ‘‘(3) PREVENTIVE CONTROLS.—The term ‘pre- (g) NO EFFECT ON ALCOHOL-RELATED FACILI- or agent in charge of a facility shall maintain, ventive controls’ means those risk-based, reason- TIES.— for not less than 2 years, records documenting ably appropriate procedures, practices, and (1) IN GENERAL.—Nothing in the amendments the monitoring of the preventive controls imple- processes that a person knowledgeable about the made by this section shall apply to a facility mented under subsection (c), instances of non- safe manufacturing, processing, packing, or that— conformance material to food safety, the results holding of food would employ to significantly (A) under the Federal Alcohol Administration of testing and other appropriate means of minimize or prevent the hazards identified Act (27 U.S.C. 201 et seq.) or chapter 51 of sub- verification under subsection (f)(4), instances under the hazard analysis conducted under sub- title E of the Internal Revenue Code of 1986 (26 when corrective actions were implemented, and section (a) and that are consistent with the cur- U.S.C. 5291 et seq.) is required to obtain a permit the efficacy of preventive controls and corrective rent scientific understanding of safe food manu- or to register with the Secretary of the Treasury actions. facturing, processing, packing, or holding at the as a condition of doing business in the United ‘‘(h) WRITTEN PLAN AND DOCUMENTATION.— time of the analysis. Those procedures, prac- States; and The owner, operator, or agent in charge of a fa- tices, and processes may include the following: (B) is required to register as a facility under cility shall prepare a written plan that docu- ‘‘(A) Sanitation procedures for food contact section 415 of the Federal Food, Drug, and Cos- ments and describes the procedures used by the surfaces and utensils and food-contact surfaces metic Act (21 U.S.C. 350d) because such facility facility to comply with the requirements of this of equipment. is engaged in manufacturing, processing, pack- section, including analyzing the hazards under ‘‘(B) Supervisor, manager, and employee hy- ing, or holding 1 or more alcoholic beverages, subsection (b) and identifying the preventive giene training. with respect to the activities of such facility controls adopted under subsection (c) to address ‘‘(C) An environmental monitoring program to that relate to the manufacturing, processing, those hazards. Such written plan, together with verify the effectiveness of pathogen controls in packing, or holding of alcoholic beverages. the documentation described in subsection (g), processes where a food is exposed to a potential (2) LIMITED RECEIPT AND DISTRIBUTION OF shall be made promptly available to a duly au- contaminant in the environment. NON-ALCOHOL FOOD.—Paragraph (1) shall not thorized representative of the Secretary upon ‘‘(D) A food allergen control program. apply to a facility engaged in the receipt or dis- oral or written request. ‘‘(E) A recall plan. tribution of any non-alcohol food, except that ‘‘(i) REQUIREMENT TO REANALYZE.—The ‘‘(F) Good Manufacturing Practices (GMPs). such paragraph shall apply to a facility de- owner, operator, or agent in charge of a facility ‘‘(G) Supplier verification activities.’’. scribed in such paragraph that receives and dis- (b) REGULATIONS.— shall conduct a reanalysis under subsection (b) tributes non-alcohol food, provided such food is (1) IN GENERAL.—Not later than 18 months whenever a significant change is made in the received and distributed— after the date of enactment of this Act, the Sec- activities conducted at a facility operated by (A) in a prepackaged form that prevents any retary of Health and Human Services (referred such owner, operator, or agent if the change direct human contact with such food; and to in this Act as the ‘‘Secretary’’) shall promul- creates a reasonable potential for a new hazard (B) in amounts that constitute not more than gate regulations to establish science-based min- or a significant increase in a previously identi- 5 percent of the overall sales of such facility, as imum standards for conducting a hazard anal- fied hazard or not less frequently than once determined by the Secretary of the Treasury. ysis, documenting hazards, implementing pre- every 3 years, whichever is earlier. Such rea- (3) RULE OF CONSTRUCTION.—Except as pro- ventive controls, and documenting the imple- nalysis shall be completed and additional pre- vided in paragraphs (1) and (2), this subsection mentation of the preventive controls under sec- ventive controls needed to address the hazard shall not be construed to exempt any food, other tion 418 of the Federal Food, Drug, and Cos- identified, if any, shall be implemented before than distilled spirits, wine, and malt beverages, metic Act (as added by subsection (a)). the change in activities at the facility is opera- as defined in section 211 of the Federal Alcohol (2) CONTENT.—The regulations promulgated tive. Such owner, operator, or agent shall revise Administration Act (27 U.S.C. 211), from the re- under paragraph (1) shall provide sufficient the written plan required under subsection (h) if quirements of this Act (including the amend- flexibility to be applicable in all situations, in- such a significant change is made or document ments made by this Act). cluding in the operations of small businesses. the basis for the conclusion that no additional (h) EFFECTIVE DATE.— (3) RULE OF CONSTRUCTION.—Nothing in this or revised preventive controls are needed. The ENERAL RULE.—The amendments made by subsection shall be construed to provide the Sec- (1) G Secretary may require a reanalysis under this this section shall take effect 18 months after the retary with the authority to apply specific tech- section to respond to new hazards and develop- date of enactment of this Act. nologies, practices, or critical controls to an in- ments in scientific understanding. (2) EXCEPTIONS.—Notwithstanding paragraph EEMED COMPLIANCE OF SEAFOOD, JUICE, dividual facility. ‘‘(j) D (1)— AND LOW-ACID CANNED FOOD FACILITIES SUB- (4) REVIEW.—In promulgating the regulations (A) the amendments made by this section shall JECT TO HACCP.—The owner, operator, or agent under paragraph (1), the Secretary shall review apply to a small business (as defined by the Sec- in charge of a facility required to comply with regulatory hazard analysis and preventive con- retary for purposes of this section, not later 1 of the following standards and regulations trol programs in existence on the date of enact- than 90 days after the date of enactment of this with respect to such facility shall be deemed to ment of this Act to ensure that the program Act) after the date that is 2 years after the date be in compliance with this section, with respect under such section 418 is consistent, to the ex- of enactment of this Act; and to such facility: tent practicable, with applicable domestic and (B) the amendments made by this section shall ‘‘(1) The Seafood Hazard Analysis Critical internationally-recognized standards in exist- apply to a very small business (as defined by the Control Points Program of the Food and Drug ence on such date. Secretary for purposes of this section, not later Administration. (c) GUIDANCE DOCUMENT.—The Secretary ‘‘(2) The Juice Hazard Analysis Critical Con- shall issue a guidance document related to haz- than 90 days after the date of enactment of this trol Points Program of the Food and Drug Ad- ard analysis and preventive controls related to Act) after the date that is 3 years after the date ministration. the regulations promulgated under section 418 of of enactment of this Act. ‘‘(3) The Thermally Processed Low-Acid Foods the Federal Food, Drug, and Cosmetic Act (as SEC. 104. PERFORMANCE STANDARDS. Packaged in Hermetically Sealed Containers added by subsection (a)). The Secretary shall, not less frequently than standards of the Food and Drug Administration (d) PROHIBITED ACTS.—Section 301 (21 U.S.C. every 2 years, review and evaluate relevant (or any successor standards). 331) is amended by adding at the end the fol- health data and other relevant information, in- ‘‘(k) EXCEPTION FOR FACILITIES SUBJECT TO lowing: cluding from toxicological and epidemiological SECTION 419.—This section shall not apply to a ‘‘(uu) The operation of a facility that manu- studies and analyses, to determine the most sig- facility that is subject to section 419. facturers, processes, packs, or holds food for nificant foodborne contaminants. Based on such ‘‘(l) AUTHORITY WITH RESPECT TO CERTAIN sale in the United States if the owner, operator, review and evaluation, and when appropriate to FACILITIES.—The Secretary may, by regulation, or agent in charge of such facility is not in com- reduce the risk of serious illness or death to hu- exempt or modify the requirements for compli- pliance with section 418.’’. mans or animals or to prevent adulteration of ance under this section with respect to facilities (e) NO EFFECT ON HACCP AUTHORITIES.— the food under section 402 of the Federal Food, that are solely engaged in the production of Nothing in the amendments made by this section Drug, or Cosmetic Act (21 U.S.C. 342) or to pre- food for animals other than man, the storage of limits the authority of the Secretary under the vent the spread of communicable disease under raw agricultural commodities (other than fruits Federal Food, Drug, and Cosmetic Act (21 section 361 of the Public Health Service Act (42

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Such guid- ficials, as designated by the Governors of the re- force product and category-specific regulations, ance, action levels, or regulations shall apply to spective States; and such as the Seafood Hazard Analysis Critical products or product classes and shall not be ‘‘(C) include a description of the variance Controls Points Program, the Juice Hazard written to be facility-specific. process under subsection (c) and the types of Analysis Critical Control Program, and the SEC. 105. STANDARDS FOR PRODUCE SAFETY. permissible variances the Secretary may grant. Thermally Processed Low-Acid Foods Packaged (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et ‘‘(c) CRITERIA.— in Hermetically Sealed Containers standards. seq.), as amended by section 103, is amended by ‘‘(1) IN GENERAL.—The regulations adopted SEC. 106. PROTECTION AGAINST INTENTIONAL adding at the end the following: under subsection (b) shall— ADULTERATION. ‘‘(A) set forth those procedures, processes, and (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et ‘‘SEC. 419. STANDARDS FOR PRODUCE SAFETY. practices as the Secretary determines to be rea- ‘‘(a) PROPOSED RULEMAKING.— seq.), as amended by section 105, is amended by sonably necessary to prevent the introduction of adding at the end the following: ‘‘(1) IN GENERAL.—Not later than 1 year after known or reasonably foreseeable biological, the date of enactment of the FDA Food Safety chemical, and physical hazards, including haz- ‘‘SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION. Modernization Act, the Secretary, in coordina- ards that occur naturally, may be unintention- ‘‘(a) IN GENERAL.—Not later than 2 years tion with the Secretary of Agriculture and rep- ally introduced, or may be intentionally intro- after the date of enactment of the FDA Food resentatives of State departments of agriculture duced, including by acts of terrorism, into fruits Safety Modernization Act, the Secretary, in con- (including with regard to the national organic and vegetables that are raw agricultural com- sultation with the Secretary of Homeland Secu- program established under the Organic Foods modities and to provide reasonable assurances rity and the Secretary of Agriculture, shall pro- Production Act of 1990 (7 U.S.C. 6501 et seq.)), that the produce is not adulterated under sec- mulgate regulations to protect against the inten- shall publish a notice of proposed rulemaking to tion 402; and tional adulteration of food subject to this Act. establish science-based minimum standards for ‘‘(B) permit States and foreign countries from ‘‘(b) APPLICABILITY.—Regulations under sub- the safe production and harvesting of those which food is imported into the United States, section (a) shall apply only to food— types of fruits and vegetables that are raw agri- subject to paragraph (2), to request from the ‘‘(1) for which the Secretary has identified cultural commodities for which the Secretary Secretary variances from the requirements of the clear vulnerabilities (including short shelf-life or has determined that such standards minimize regulations, where upon approval of the Sec- susceptibility to intentional contamination at the risk of serious adverse health consequences retary, the variance is considered permissible critical control points); or death. under the requirements of the regulations adopt- ‘‘(2) in bulk or batch form, prior to being ‘‘(2) PUBLIC INPUT.—During the comment pe- ed under subsection (b)(2)(C) and where the packaged for the final consumer; and riod on the notice of proposed rulemaking under State or foreign country determines that the ‘‘(3) for which there is a high risk of inten- paragraph (1), the Secretary shall conduct not variance is necessary in light of local growing tional contamination, as determined by the Sec- less than 3 public meetings in diverse geo- conditions and that the procedures, processes, retary, that could cause serious adverse health graphical areas of the United States to provide and practices to be followed under the variance consequences or death to humans or animals. persons in different regions an opportunity to are reasonably likely to ensure that the produce ‘‘(c) DETERMINATIONS.—In making the deter- comment. is not adulterated under section 402 to the same mination under subsection (b)(3), the Secretary ‘‘(3) CONTENT.—The proposed rulemaking extent as the requirements of the regulation shall— under paragraph (1) shall— adopted under subsection (b). ‘‘(1) conduct vulnerability assessments of the ‘‘(A) provide sufficient flexibility to be appli- ‘‘(2) APPROVAL OF VARIANCES.—A State or for- cable to various types of entities engaged in the eign country from which food is imported into food system; production and harvesting of raw agricultural the United States shall request a variance from ‘‘(2) consider the best available understanding commodities, including small businesses and en- the Secretary in writing. The Secretary may of uncertainties, risks, costs, and benefits asso- tities that sell directly to consumers, and be ap- deny such a request as not reasonably likely to ciated with guarding against intentional adul- propriate to the scale and diversity of the pro- ensure that the produce is not adulterated teration at vulnerable points; and duction and harvesting of such commodities; under section 402 to the same extent as the re- ‘‘(3) determine the types of science-based miti- ‘‘(B) include, with respect to growing, har- quirements of the regulation adopted under sub- gation strategies or measures that are necessary vesting, sorting, packing, and storage oper- section (b). to protect against the intentional adulteration ations, minimum standards related to soil ‘‘(d) ENFORCEMENT.—The Secretary may co- of food. amendments, hygiene, packaging, temperature ordinate with the Secretary of Agriculture and, ‘‘(d) CONTENT OF REGULATIONS.—Regulations controls, animal encroachment, and water; as appropriate, shall contract and coordinate under subsection (a) shall— ‘‘(C) consider hazards that occur naturally, with the agency or department designated by ‘‘(1) specify how a person shall assess whether may be unintentionally introduced, or may be the Governor of each State to perform activities the person is required to implement mitigation intentionally introduced, including by acts of to ensure compliance with this section. strategies or measures intended to protect terrorism; ‘‘(e) GUIDANCE.— against the intentional adulteration of food; ‘‘(D) take into consideration, consistent with ‘‘(1) IN GENERAL.—Not later than 1 year after and ensuring enforceable public health protection, the date of enactment of the FDA Food Safety ‘‘(2) specify appropriate science-based mitiga- conservation and environmental practice stand- Modernization Act, the Secretary shall publish, tion strategies or measures to prepare and pro- ards and policies established by Federal natural after consultation with the Secretary of Agri- tect the food supply chain at specific vulnerable resource conservation, wildlife conservation, culture, representatives of State departments of points, as appropriate. and environmental agencies; and agriculture, farmer representatives, and various ‘‘(e) EXCEPTION.—This section shall not apply ‘‘(E) in the case of production that is certified types of entities engaged in the production and to farms, except for those that produce milk. organic, not include any requirements that con- harvesting of fruits and vegetables that are raw ‘‘(f) DEFINITION.—For purposes of this section, flict with or duplicate the requirements of the agricultural commodities, including small busi- the term ‘farm’ has the meaning given that term national organic program established under the nesses, updated good agricultural practices and in section 1.227 of title 21, Code of Federal Regu- Organic Foods Production Act of 1990 (7 U.S.C. guidance for the safe production and harvesting lations (or any successor regulation).’’. 6501 et seq.), while providing for public health of specific types of fresh produce. (b) GUIDANCE DOCUMENTS.— protection consistent with the requirements of ‘‘(2) PUBLIC MEETINGS.—The Secretary shall (1) IN GENERAL.—Not later than 1 year after this Act. conduct not fewer than 3 public meetings in di- the date of enactment of this Act, the Secretary ‘‘(4) PRIORITIZATION.—The Secretary shall verse geographical areas of the United States as of Health and Human Services, in consultation prioritize the implementation of the regulations part of an effort to conduct education and out- with the Secretary of Homeland Security and for specific fruits and vegetables that are raw reach regarding the guidance described in para- the Secretary of Agriculture, shall issue guid- agricultural commodities that have been associ- graph (1) for persons in different regions who ance documents related to protection against the ated with foodborne illness outbreaks. are involved in the production and harvesting of intentional adulteration of food, including miti- ‘‘(b) FINAL REGULATION.— fruits and vegetables that are raw agricultural gation strategies or measures to guard against ‘‘(1) IN GENERAL.—Not later than 1 year after commodities, including persons that sell directly such adulteration as required under section 420 the close of the comment period for the proposed to consumers and farmer representatives. of the Federal Food, Drug, and Cosmetic Act, as rulemaking under subsection (a), the Secretary ‘‘(f) EXCEPTION FOR FACILITIES SUBJECT TO added by subsection (a). shall adopt a final regulation to provide for SECTION 418.—This section shall not apply to a (2) CONTENT.—The guidance documents issued minimum standards for those types of fruits and facility that is subject to section 418.’’. under paragraph (1) shall— vegetables that are raw agricultural commodities (b) PROHIBITED ACTS.—Section 301 (21 U.S.C. (A) include a model assessment for a person to for which the Secretary has determined that 331), as amended by section 103, is amended by use under subsection (d)(1) of section 420 of the such standards minimize the risk of serious ad- adding at the end the following: Federal Food, Drug, and Cosmetic Act, as added verse health consequences or death. ‘‘(vv) The failure to comply with the require- by subsection (a); ‘‘(2) FINAL REGULATION.—The final regulation ments under section 419.’’. (B) include examples of mitigation strategies shall— (c) NO EFFECT ON HACCP AUTHORITIES.— or measures described in subsection (d)(2) of ‘‘(A) provide a reasonable period of time for Nothing in the amendments made by this section such section; and compliance, taking into account the needs of limits the authority of the Secretary under the (C) specify situations in which the examples small businesses for additional time to comply; Federal Food, Drug, and Cosmetic Act (21 of mitigation strategies or measures described in

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subsection (d)(2) of such section are appro- year specified in subsection (a)(1), based on the ‘‘(2) AUTHORITY.—If— priate. methodology described under paragraph (2), and ‘‘(A) the Secretary does not assess fees under (3) LIMITED DISTRIBUTION.—In the interest of shall publish such fees in a Federal Register no- subsection (a) for a portion of a fiscal year be- national security, the Secretary of Health and tice not later than 60 days before the start of cause paragraph (1) applies; and Human Services, in consultation with the Sec- each such year. ‘‘(B) at a later date in such fiscal year, such retary of Homeland Security, may determine the ‘‘(2) FEE METHODOLOGY.— paragraph (1) ceases to apply, time and manner in which the guidance docu- ‘‘(A) FEES.—Fees amounts established for col- the Secretary may assess and collect such fees ments issued under paragraph (1) are made pub- lection— under subsection (a), without any modification lic, including by releasing such documents to ‘‘(i) under subparagraph (A) of subsection to the rate of such fees, notwithstanding the (a)(1) for a fiscal year shall be based on the Sec- targeted audiences. provisions of subsection (a) relating to the date retary’s estimate of 100 percent of the costs of (c) PERIODIC REVIEW.—The Secretary of fees are to be paid. the reinspection-related activities (including by Health and Human Services shall periodically ‘‘(3) ADJUSTMENT FACTOR.— review and, as appropriate, update the regula- type or level of reinspection activity, as the Sec- ‘‘(A) IN GENERAL.—The adjustment factor de- tions under subsection (a) and the guidance retary determines applicable) described in such scribed in paragraph (1) shall be the total per- documents under subsection (b). subparagraph (A) for such year; centage change that occurred in the Consumer ‘‘(ii) under subparagraph (B) of subsection (d) PROHIBITED ACTS.—Section 301 (21 U.S.C. Price Index for all urban consumers (all items; (a)(1) for a fiscal year shall be based on the Sec- 331 et seq.), as amended by section 105, is United States city average) for the 12-month pe- retary’s estimate of 100 percent of the costs of amended by adding at the end the following: riod ending June 30 preceding the fiscal year, the activities described in such subparagraph ‘‘(ww) The failure to comply with section but in no case shall such adjustment factor be (B) for such year; 420.’’. ‘‘(iii) under subparagraph (C) of subsection negative. SEC. 107. AUTHORITY TO COLLECT FEES. (a)(1) for a fiscal year shall be based on the Sec- ‘‘(B) COMPOUNDED BASIS.—The adjustment (a) FEES FOR REINSPECTION, RECALL, AND IM- retary’s estimate of 100 percent of the costs of under subparagraph (A) made each fiscal year PORTATION ACTIVITIES.—Subchapter C of chap- the activities described in such subparagraph shall be added on a compounded basis to the ter VII (21 U.S.C. 379f et seq.) is amended by (C) for such year; and sum of all adjustments made each fiscal year adding at the end the following: ‘‘(iv) under subparagraph (D) of subsection after fiscal year 2009. ‘‘(4) LIMITATION ON AMOUNT OF CERTAIN ‘‘PART 6—FEES RELATED TO FOOD (a)(1) for a fiscal year shall be based on the Sec- retary’s estimate of 100 percent of the costs of FEES.— ‘‘SEC. 743. AUTHORITY TO COLLECT AND USE the activities described in such subparagraph ‘‘(A) IN GENERAL.—Notwithstanding any other FEES. provision of this section and subject to subpara- ‘‘(a) IN GENERAL.— (D) for such year. ‘‘(B) OTHER CONSIDERATIONS.— graph (B), the Secretary may not collect fees in ‘‘(1) PURPOSE AND AUTHORITY.—For fiscal ‘‘(i) VOLUNTARY QUALIFIED IMPORTER PRO- a fiscal year such that the amount collected— year 2010 and each subsequent fiscal year, the GRAM.— ‘‘(i) under subparagraph (B) of subsection Secretary shall, in accordance with this section, ‘‘(I) PARTICIPATION.—In establishing the fee (a)(1) exceeds $20,000,000; and assess and collect fees from— amounts under subparagraph (A)(iii) for a fiscal ‘‘(ii) under subparagraphs (A) and (D) of sub- ‘‘(A) the responsible party for each domestic year, the Secretary shall provide for the number section (a)(1) exceeds $25,000,000 combined. facility (as defined in section 415(b)) and the of importers who have submitted to the Sec- ‘‘(B) EXCEPTION.—If a domestic facility (as United States agent for each foreign facility retary a notice under section 806(e) informing defined in section 415(b)) or an importer becomes subject to a reinspection in such fiscal year, to the Secretary of the intent of such importer to subject to a fee described in subparagraph (A), cover reinspection-related costs for such year; participate in the program under section 806 in (B), or (D) of subsection (a)(1) after the max- ‘‘(B) the responsible party for a domestic facil- such fiscal year. imum amount of fees has been collected by the ity (as defined in section 415(b)) and an im- ‘‘(II) RECOUPMENT.—In establishing the fee Secretary under subparagraph (A), the Sec- porter who does not comply with a recall order amounts under subparagraph (A)(iii) for the retary may collect a fee from such facility or im- under section 423 or under section 412(f) in such first 5 fiscal years after the date of enactment of porter. fiscal year, to cover food recall activities associ- this section, the Secretary shall include in such ‘‘(d) CREDITING AND AVAILABILITY OF FEES.— ated with such order performed by the Sec- fee a reasonable surcharge that provides a Fees authorized under subsection (a) shall be retary, including technical assistance, follow-up recoupment of the costs expended by the Sec- collected and available for obligation only to the effectiveness checks, and public notifications, retary to establish and implement the first year extent and in the amount provided in appro- for such year; of the program under section 806. priations Acts. Such fees are authorized to re- ‘‘(C) each importer participating in the vol- ‘‘(ii) CREDITING OF FEES.—In establishing the main available until expended. Such sums as untary qualified importer program under section fee amounts under subparagraph (A) for a fiscal may be necessary may be transferred from the 806 in such year, to cover the administrative year, the Secretary shall provide for the cred- Food and Drug Administration salaries and ex- costs of such program for such year; and iting of fees from the previous year to the next penses account without fiscal year limitation to ‘‘(D) each importer subject to a reinspection in year if the Secretary overestimated the amount such appropriation account for salaries and ex- such fiscal year, to cover reinspection-related of fees needed to carry out such activities, and penses with such fiscal year limitation. The costs for such year. consider the need to account for any adjustment sums transferred shall be available solely for the ‘‘(2) DEFINITIONS.—For purposes of this sec- of fees and such other factors as the Secretary purpose of paying the operating expenses of the tion— determines appropriate. Food and Drug Administration employees and ‘‘(A) the term ‘reinspection’ means— ‘‘(iii) PUBLISHED GUIDELINES.—Not later than contractors performing activities associated with ‘‘(i) with respect to domestic facilities (as de- June 30, 2010, the Secretary shall publish in the these food safety fees. fined in section 415(b)), 1 or more inspections Federal Register a proposed set of guidelines in ‘‘(e) COLLECTION OF FEES.— conducted under section 704 subsequent to an consideration of the burden of fee amounts on ‘‘(1) IN GENERAL.—The Secretary shall specify inspection conducted under such provision small business. Such consideration may include in the Federal Register notice described in sub- which identified noncompliance materially re- reduced fee amounts for small businesses. The section (b)(1) the time and manner in which fees lated to a food safety requirement of this Act, Secretary shall provide for a period of public assessed under this section shall be collected. specifically to determine whether compliance comment on such guidelines. The Secretary shall ‘‘(2) COLLECTION OF UNPAID FEES.—In any has been achieved to the Secretary’s satisfac- adjust the fee schedule for small businesses sub- case where the Secretary does not receive pay- tion; and ject to such fees only through notice and com- ment of a fee assessed under this section within ‘‘(ii) with respect to importers, 1 or more ex- ment rulemaking. 30 days after it is due, such fee shall be treated aminations conducted under section 801 subse- ‘‘(3) USE OF FEES.—The Secretary shall make as a claim of the United States Government sub- quent to an examination conducted under such all of the fees collected pursuant to clause (i), ject to provisions of subchapter II of chapter 37 provision which identified noncompliance mate- (ii), (iii), and (iv) of paragraph (2)(A) available of title 31, United States Code. rially related to a food safety requirement of solely to pay for the costs referred to in such ‘‘(f) ANNUAL REPORT TO CONGRESS.—Not later this Act, specifically to determine whether com- clause (i), (ii), (iii), and (iv) of paragraph (2)(A), than 120 days after each fiscal year for which pliance has been achieved to the Secretary’s sat- respectively. fees are assessed under this section, the Sec- isfaction; ‘‘(c) LIMITATIONS.— retary shall submit a report to the Committee on ‘‘(B) the term ‘reinspection-related costs’ ‘‘(1) IN GENERAL.—Fees under subsection (a) Health, Education, Labor, and Pensions of the means all expenses, including administrative ex- shall be refunded for a fiscal year beginning Senate and the Committee on Energy and Com- penses, incurred in connection with— after fiscal year 2010 unless the amount of the merce of the House of Representatives, to in- ‘‘(i) arranging, conducting, and evaluating total appropriations for food safety activities at clude a description of fees assessed and collected the results of reinspections; and the Food and Drug Administration for such fis- for each such year and a summary description ‘‘(ii) assessing and collecting reinspection fees cal year (excluding the amount of fees appro- of the entities paying such fees and the types of under this section; and priated for such fiscal year) is equal to or great- business in which such entities engage. ‘‘(C) the term ‘responsible party’ has the er than the amount of appropriations for food ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— meaning given such term in section 417(a)(1). safety activities at the Food and Drug Adminis- For fiscal year 2010 and each fiscal year there- ‘‘(b) ESTABLISHMENT OF FEES.— tration for fiscal year 2009 (excluding the after, there is authorized to be appropriated for ‘‘(1) IN GENERAL.—Subject to subsections (c) amount of fees appropriated for such fiscal fees under this section an amount equal to the and (d), the Secretary shall establish the fees to year), multiplied by the adjustment factor under total revenue amount determined under sub- be collected under this section for each fiscal paragraph (3). section (b) for the fiscal year, as adjusted or

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(C) in clause (ii) by striking ‘‘the drug’’ each (B) DETECTION GOAL.—Improve agriculture SEC. 110. BUILDING DOMESTIC CAPACITY. place it appears and inserting ‘‘the food, drug’’. and food system detection capabilities by— (a) IN GENERAL.— (2) CLARIFICATION OF CERTIFICATION.—Section (i) identifying contamination in food products (1) INITIAL REPORT.—The Secretary shall, not 801(e)(4) (21 U.S.C. 381(e)(4)) is amended by in- at the earliest possible time; and later than 2 years after the date of enactment of serting after subparagraph (B) the following (ii) conducting surveillance to prevent the this Act, submit to Congress a comprehensive re- new subparagraph: spread of diseases. port that identifies programs and practices that ‘‘(C) For purposes of this paragraph, a certifi- (C) EMERGENCY RESPONSE GOAL.—Ensure an are intended to promote the safety and supply cation by the Secretary shall be made on such efficient response to agriculture and food emer- chain security of food and to prevent outbreaks basis, and in such form (including a publicly gencies by— of foodborne illness and other food-related haz- available listing) as the Secretary determines (i) immediately investigating animal disease ards that can be addressed through preventive appropriate.’’. outbreaks and suspected food contamination; activities. Such report shall include a descrip- SEC. 108. NATIONAL AGRICULTURE AND FOOD (ii) preventing additional human illnesses; tion of the following: DEFENSE STRATEGY. (iii) organizing, training, and equipping ani- (A) Analysis of the need for further regula- (a) DEVELOPMENT AND SUBMISSION OF STRAT- mal, plant, and food emergency response teams tions or guidance to industry. EGY.— of— (B) Outreach to food industry sectors, includ- (1) IN GENERAL.—Not later than 1 year after (I) the Federal Government; and ing through the Food and Agriculture Coordi- the date of enactment of this Act, the Secretary (II) State, local, and tribal governments; nating Councils referred to in section 109, to of Health and Human Services and the Sec- (iv) designing, developing, and evaluating identify potential sources of emerging threats to retary of Agriculture, in coordination with the training and exercises carried out under agri- the safety and security of the food supply and Secretary of Homeland Security, shall prepare culture and food defense plans; and preventive strategies to address those threats. and submit to the relevant committees of Con- (v) ensuring consistent and organized risk (C) Systems to ensure the prompt distribution gress, and make publicly available on the Inter- communication to the public by— to the food industry of information and tech- net Web sites of the Department of Health and (I) the Federal Government; nical assistance concerning preventive strate- Human Services and the Department of Agri- (II) State, local, and tribal governments; and gies. culture, the National Agriculture and Food De- (III) the private sector. (D) Communication systems to ensure that in- fense Strategy. (D) RECOVERY GOAL.—Secure agriculture and formation about specific threats to the safety (2) IMPLEMENTATION PLAN.—The strategy food production after an agriculture or food and security of the food supply are rapidly and shall include an implementation plan for use by emergency by— effectively disseminated. the Secretaries described under paragraph (1) in (i) working with the private sector to develop (E) Surveillance systems and laboratory net- carrying out the strategy. business recovery plans to rapidly resume agri- works to rapidly detect and respond to (3) RESEARCH.—The strategy shall include a culture, food production, and international foodborne illness outbreaks and other food-re- coordinated research agenda for use by the Sec- trade; lated hazards, including how such systems and retaries described under paragraph (1) in con- (ii) conducting exercises of the plans described networks are integrated. ducting research to support the goals and activi- in subparagraph (C) with the goal of long-term (F) Outreach, education, and training pro- ties described in paragraphs (1) and (2) of sub- recovery results; vided to States and local governments to build section (b). (iii) rapidly removing, and effectively dis- State and local food safety and food defense ca- (4) REVISIONS.—Not later than 4 years after posing of— pabilities, including progress implementing the date on which the strategy is submitted to (I) contaminated agriculture and food prod- strategies developed under sections 108 and 206. the relevant committees of Congress under para- ucts; and (G) The estimated resources needed to effec- graph (1), and not less frequently than every 4 (II) infected plants and animals; and tively implement the programs and practices years thereafter, the Secretary of Health and (iv) decontaminating and restoring areas af- identified in the report developed in this section Human Services and the Secretary of Agri- fected by an agriculture or food emergency. over a 5-year period. culture, in coordination with the Secretary of (c) LIMITED DISTRIBUTION.—In the interest of (H) The impact of requirements under this Act Homeland Security, shall revise and submit to national security, the Secretary of Health and (including amendments made by this Act) on the relevant committees of Congress the strat- Human Services and the Secretary of Agri- certified organic farms and facilities (as defined egy. culture, in coordination with the Secretary of in section 415 (21 U.S.C. 350d). (5) CONSISTENCY WITH EXISTING PLANS.—The Homeland Security, may determine the manner (2) BIENNIAL REPORTS.—On a biennial basis strategy described in paragraph (1) shall be con- and format in which the National Agriculture following the submission of the report under sistent with— and Food Defense strategy established under paragraph (1), the Secretary shall submit to (A) the National Incident Management Sys- this section is made publicly available on the Congress a report that— tem; Internet Web sites of the Department of Health (A) reviews previous food safety programs and (B) the National Response Framework; and Human Services, the Department of Home- (C) the National Infrastructure Protection practices; land Security, and the Department of Agri- (B) outlines the success of those programs and Plan; culture, as described in subsection (a)(1). (D) the National Preparedness Goals; and practices; (E) other relevant national strategies. SEC. 109. FOOD AND AGRICULTURE COORDI- (C) identifies future programs and practices; NATING COUNCILS. (b) COMPONENTS.— and (1) IN GENERAL.—The strategy shall include a The Secretary of Homeland Security, in co- (D) includes information related to any matter description of the process to be used by the De- ordination with the Secretary of Health and described in subparagraphs (A) through (H) of partment of Health and Human Services, the Human Services and the Secretary of Agri- paragraph (1), as necessary. Department of Agriculture, and the Department culture, shall within 180 days of enactment of (b) RISK-BASED ACTIVITIES.—The report devel- of Homeland Security— this Act, and annually thereafter, submit to the oped under subsection (a)(1) shall describe (A) to achieve each goal described in para- relevant committees of Congress, and make pub- methods that seek to ensure that resources graph (2); and licly available on the Internet Web site of the available to the Secretary for food safety-related (B) to evaluate the progress made by Federal, Department of Homeland Security, a report on activities are directed at those actions most like- State, local, and tribal governments towards the the activities of the Food and Agriculture Gov- ly to reduce risks from food, including the use of achievement of each goal described in para- ernment Coordinating Council and the Food preventive strategies and allocation of inspec- graph (2). and Agriculture Sector Coordinating Council, tion resources. The Secretary shall promptly un- (2) GOALS.—The strategy shall include a de- including the progress of such Councils on— dertake those risk-based actions that are identi- scription of the process to be used by the De- (1) facilitating partnerships between public fied during the development of the report as partment of Health and Human Services, the and private entities to help coordinate and en- likely to contribute to the safety and security of Department of Agriculture, and the Department hance the protection of the agriculture and food the food supply. of Homeland Security to achieve the following system of the United States; (c) CAPABILITY FOR LABORATORY ANALYSES; goals: (2) providing for the regular and timely inter- RESEARCH.—The report developed under sub- (A) PREPAREDNESS GOAL.—Enhance the pre- change of information between each council re- section (a)(1) shall provide a description of paredness of the agriculture and food system lating to the security of the agriculture and food methods to increase capacity to undertake anal- by— system (including intelligence information); yses of food samples promptly after collection, to

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identify new and rapid analytical techniques, (4) SECRETARY.—The term ‘‘Secretary’’ means personnel when the nurse is not immediately including commercially-available techniques the Secretary of Health and Human Services. available. that can be employed at ports of entry and by (b) ESTABLISHMENT OF VOLUNTARY FOOD AL- (I) The creation of a plan contained in each Food Emergency Response Network laboratories, LERGY AND ANAPHYLAXIS MANAGEMENT GUIDE- individual plan for food allergy management and to provide for well-equipped and staffed LINES.— that addresses the appropriate response to an laboratory facilities. (1) ESTABLISHMENT.— incident of anaphylaxis of a child while such (d) INFORMATION TECHNOLOGY.—The report (A) IN GENERAL.—Not later than 1 year after child is engaged in extracurricular programs of developed under subsection (a)(1) shall include the date of enactment of this Act, the Secretary, a school or early childhood education program, a description of such information technology in consultation with the Secretary of Education, such as non-academic outings and field trips, systems as may be needed to identify risks and shall— before- and after-school programs or before- and receive data from multiple sources, including (i) develop guidelines to be used on a vol- after-early child education program programs, foreign governments, State, local, and tribal untary basis to develop plans for individuals to and school-sponsored or early childhood edu- governments, other Federal agencies, the food manage the risk of food allergy and anaphylaxis cation program-sponsored programs held on industry, laboratories, laboratory networks, and in schools and early childhood education pro- weekends. consumers. The information technology systems grams; and (J) Maintenance of information for each ad- that the Secretary describes shall also provide (ii) make such guidelines available to local ministration of epinephrine to a child at risk for for the integration of the facility registration educational agencies, schools, early childhood anaphylaxis and prompt notification to parents. system under section 415 of the Federal Food, education programs, and other interested enti- (K) Other elements the Secretary determines Drug, and Cosmetic Act (21 U.S.C. 350d), and ties and individuals to be implemented on a vol- necessary for the management of food allergies the prior notice system under section 801(m) of untary basis only. and anaphylaxis in schools and early childhood such Act (21 U.S.C. 381(m)) with other informa- (B) APPLICABILITY OF FERPA.—Each plan de- education programs. tion technology systems that are used by the scribed in subparagraph (A) that is developed (3) RELATION TO STATE LAW.—Nothing in this Federal Government for the processing of food for an individual shall be considered an edu- section or the guidelines developed by the Sec- offered for import into the United States. cation record for the purpose of section 444 of retary under paragraph (1) shall be construed to (e) AUTOMATED RISK ASSESSMENT.—The report the General Education Provisions Act (com- preempt State law, including any State law re- developed under subsection (a)(1) shall include monly referred to as the ‘‘Family Educational garding whether students at risk for anaphy- a description of progress toward developing and Rights and Privacy Act of 1974’’) (20 U.S.C. laxis may self-administer medication. improving an automated risk assessment system 1232g). (c) SCHOOL-BASED FOOD ALLERGY MANAGE- for food safety surveillance and allocation of re- (2) CONTENTS.—The voluntary guidelines de- MENT GRANTS.— (1) IN GENERAL.—The Secretary may award sources. veloped by the Secretary under paragraph (1) grants to local educational agencies to assist (f) TRACEBACK AND SURVEILLANCE REPORT.— shall address each of the following and may be such agencies with implementing voluntary food The Secretary shall include in the report devel- updated as the Secretary determines necessary: allergy and anaphylaxis management guidelines oped under subsection (a)(1) an analysis of the (A) Parental obligation to provide the school described in subsection (b). Food and Drug Administration’s performance in or early childhood education program, prior to the start of every school year, with— (2) APPLICATION.— foodborne illness outbreaks during the 5-year (A) IN GENERAL.—To be eligible to receive a period preceding the date of enactment of this (i) documentation from their child’s physician or nurse— grant under this subsection, a local educational Act involving fruits and vegetables that are raw agency shall submit an application to the Sec- agricultural commodities (as defined in section (I) supporting a diagnosis of food allergy, and any risk of anaphylaxis, if applicable; retary at such time, in such manner, and in- 201(r) (21 U.S.C. 321(r)) and recommendations cluding such information as the Secretary may for enhanced surveillance, outbreak response, (II) identifying any food to which the child is allergic; reasonably require. and traceability. Such findings and rec- (B) CONTENTS.—Each application submitted ommendations shall address communication and (III) describing, if appropriate, any prior his- tory of anaphylaxis; under subparagraph (A) shall include— coordination with the public, industry, and (i) an assurance that the local educational State and local governments, as such commu- (IV) listing any medication prescribed for the child for the treatment of anaphylaxis; agency has developed plans in accordance with nication and coordination relates to outbreak the food allergy and anaphylaxis management identification and traceback. (V) detailing emergency treatment procedures in the event of a reaction; guidelines described in subsection (b); (g) BIENNIAL FOOD SAFETY AND FOOD DE- (ii) a description of the activities to be funded (VI) listing the signs and symptoms of a reac- FENSE RESEARCH PLAN.—The Secretary and the by the grant in carrying out the food allergy Secretary of Agriculture shall, on a biennial tion; and (VII) assessing the child’s readiness for self- and anaphylaxis management guidelines, in- basis, submit to Congress a joint food safety and administration of prescription medication; and cluding— food defense research plan which may include (I) how the guidelines will be carried out at (ii) a list of substitute meals that may be of- studying the long-term health effects of individual schools served by the local edu- fered to the child by school or early childhood foodborne illness. Such biennial plan shall in- cational agency; education program food service personnel. clude a list and description of projects con- (II) how the local educational agency will in- (B) The creation and maintenance of an indi- ducted during the previous 2-year period and form parents and students of the guidelines in vidual plan for food allergy management, in the plan for projects to be conducted during the place; consultation with the parent, tailored to the subsequent 2-year period. (III) how school nurses, teachers, administra- needs of each child with a documented risk for SEC. 111. SANITARY TRANSPORTATION OF FOOD. tors, and other school-based staff will be made anaphylaxis, including any procedures for the aware of, and given training on, when applica- Not later than 1 year after the date of enact- self-administration of medication by such chil- ment of this Act, the Secretary shall promulgate ble, the guidelines in place; and dren in instances where— (IV) any other activities that the Secretary de- regulations described in section 416(b) of the (i) the children are capable of self-admin- Federal Food, Drug, and Cosmetic Act (21 termines appropriate; istering medication; and (iii) an itemization of how grant funds re- U.S.C. 350e(b)). (ii) such administration is not prohibited by ceived under this subsection will be expended; SEC. 112. FOOD ALLERGY AND ANAPHYLAXIS State law. (iv) a description of how adoption of the MANAGEMENT. (C) Communication strategies between indi- guidelines and implementation of grant activi- (a) DEFINITIONS.—In this section: vidual schools or early childhood education pro- ties will be monitored; and (1) EARLY CHILDHOOD EDUCATION PROGRAM.— grams and providers of emergency medical serv- (v) an agreement by the local educational The term ‘‘early childhood education program’’ ices, including appropriate instructions for agency to report information required by the means— emergency medical response. Secretary to conduct evaluations under this sub- (A) a Head Start program or an Early Head (D) Strategies to reduce the risk of exposure to section. Start program carried out under the Head Start anaphylactic causative agents in classrooms (3) USE OF FUNDS.—Each local educational Act (42 U.S.C. 9831 et seq.); and common school or early childhood edu- agency that receives a grant under this sub- (B) a State licensed or regulated child care cation program areas such as cafeterias. section may use the grant funds for the fol- program or school; or (E) The dissemination of general information lowing: (C) a State prekindergarten program that on life-threatening food allergies to school or (A) Purchase of materials and supplies, in- serves children from birth through kindergarten. early childhood education program staff, par- cluding limited medical supplies such as epi- (2) ESEA DEFINITIONS.—The terms ‘‘local edu- ents, and children. nephrine and disposable wet wipes, to support cational agency’’, ‘‘secondary school’’, ‘‘elemen- (F) Food allergy management training of carrying out the food allergy and anaphylaxis tary school’’, and ‘‘parent’’ have the meanings school or early childhood education program management guidelines described in subsection given the terms in section 9101 of the Elementary personnel who regularly come into contact with (b). and Secondary Education Act of 1965 (20 U.S.C. children with life-threatening food allergies. (B) In partnership with local health depart- 7801). (G) The authorization and training of school ments, school nurse, teacher, and personnel (3) SCHOOL.—The term ‘‘school’’ includes pub- or early childhood education program personnel training for food allergy management. lic— to administer epinephrine when the nurse is not (C) Programs that educate students as to the (A) kindergartens; immediately available. presence of, and policies and procedures in (B) elementary schools; and (H) The timely accessibility of epinephrine by place related to, food allergies and anaphylactic (C) secondary schools. school or early childhood education program shock.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8038 CONGRESSIONAL RECORD — SENATE November 18, 2010 (D) Outreach to parents. TITLE II—IMPROVING CAPACITY TO DE- Secretary of Agriculture to target food inspec- (E) Any other activities consistent with the TECT AND RESPOND TO FOOD SAFETY tion resources. guidelines described in subsection (b). PROBLEMS ‘‘(d) FACILITY.—For purposes of this section, (4) DURATION OF AWARDS.—The Secretary may SEC. 201. TARGETING OF INSPECTION RE- the term ‘facility’ means a domestic facility or a award grants under this subsection for a period SOURCES FOR DOMESTIC FACILI- foreign facility that is required to register under of not more than 2 years. In the event the Sec- TIES, FOREIGN FACILITIES, AND section 415.’’. retary conducts a program evaluation under PORTS OF ENTRY; ANNUAL REPORT. (b) ANNUAL REPORT.—Section 1003 (21 U.S.C. this subsection, funding in the second year of (a) TARGETING OF INSPECTION RESOURCES FOR 393) is amended by adding at the end the fol- the grant, where applicable, shall be contingent DOMESTIC FACILITIES, FOREIGN FACILITIES, AND lowing: on a successful program evaluation by the Sec- PORTS OF ENTRY.—Chapter IV (21 U.S.C. 341 et ‘‘(h) ANNUAL REPORT REGARDING FOOD.—Not retary after the first year. seq.), as amended by section 106, is amended by later than February 1 of each year, the Sec- adding at the end the following: retary shall submit to Congress a report regard- IMITATION ON GRANT FUNDING.—The Sec- (5) L ing— retary may not provide grant funding to a local ‘‘SEC. 421. TARGETING OF INSPECTION RE- SOURCES FOR DOMESTIC FACILI- ‘‘(1) information about food facilities includ- educational agency under this subsection after TIES, FOREIGN FACILITIES, AND ing— such local educational agency has received 2 PORTS OF ENTRY; ANNUAL REPORT. ‘‘(A) the appropriations used to inspect facili- years of grant funding under this subsection. ‘‘(a) IDENTIFICATION AND INSPECTION OF FA- ties registered pursuant to section 415 in the pre- (6) MAXIMUM AMOUNT OF ANNUAL AWARDS.—A CILITIES.— vious fiscal year; grant awarded under this subsection may not be ‘‘(1) IDENTIFICATION.—The Secretary shall al- ‘‘(B) the average cost of both a non-high-risk made in an amount that is more than $50,000 locate resources to inspect facilities according to food facility inspection and a high-risk food fa- annually. the risk profile of the facilities, which shall be cility inspection, if such a difference exists, in (7) PRIORITY.—In awarding grants under this based on the following factors: the previous fiscal year; subsection, the Secretary shall give priority to ‘‘(A) The risk profile of the food manufac- ‘‘(C) the number of domestic facilities and the local educational agencies with the highest per- tured, processed, packed, or held at the facility. number of foreign facilities registered pursuant centages of children who are counted under sec- ‘‘(B) The facility’s compliance history, includ- to section 415 that the Secretary inspected in the tion 1124(c) of the Elementary and Secondary ing with regard to food recalls, outbreaks, and previous fiscal year; Education Act of 1965 (20 U.S.C. 6333(c)). violations of food safety standards. ‘‘(D) the number of domestic facilities and the ‘‘(C) The rigor and effectiveness of the facili- (8) MATCHING FUNDS.— number of foreign facilities registered pursuant ty’s hazard analysis and risk-based preventive (A) IN GENERAL.—The Secretary may not to section 415 that were scheduled for inspection controls. in the previous fiscal year and which the Sec- award a grant under this subsection unless the ‘‘(D) Whether the food manufactured, proc- local educational agency agrees that, with re- retary did not inspect in such year; essed, packed, handled, prepared, treated, dis- ‘‘(E) the number of high-risk facilities identi- spect to the costs to be incurred by such local tributed, or stored at the facility meets the cri- educational agency in carrying out the grant fied pursuant to section 421 that the Secretary teria for priority under section 801(h)(1). inspected in the previous fiscal year; and activities, the local educational agency shall ‘‘(E) Whether the facility has received a cer- make available (directly or through donations ‘‘(F) the number of high-risk facilities identi- tificate as described in section 809(b). fied pursuant to section 421 that were scheduled from public or private entities) non-Federal ‘‘(F) Any other criteria deemed necessary and for inspection in the previous fiscal year and funds toward such costs in an amount equal to appropriate by the Secretary for purposes of al- which the Secretary did not inspect in such not less than 25 percent of the amount of the locating inspection resources. year. grant. ‘‘(2) INSPECTIONS.— ‘‘(2) information about food imports includ- ‘‘(A) IN GENERAL.—Beginning on the date of (B) DETERMINATION OF AMOUNT OF NON-FED- ing— enactment of the FDA Food Safety Moderniza- ERAL CONTRIBUTION.—Non-Federal funds re- ‘‘(A) the number of lines of food imported into tion Act, the Secretary shall increase the fre- quired under subparagraph (A) may be cash or the United States that the Secretary physically quency of inspection of all facilities. in kind, including plant, equipment, or services. inspected or sampled in the previous fiscal year; ‘‘(B) HIGH-RISK FACILITIES.—The Secretary Amounts provided by the Federal Government, ‘‘(B) the number of lines of food imported into shall increase the frequency of inspection of fa- and any portion of any service subsidized by the the United States that the Secretary did not cilities identified under paragraph (1) as high- Federal Government, may not be included in de- physically inspect or sample in the previous fis- risk facilities such that— termining the amount of such non-Federal cal year; and funds. ‘‘(i) for the first 2 years after the date of en- actment of the FDA Food Safety Modernization ‘‘(C) the average cost of physically inspecting (9) ADMINISTRATIVE FUNDS.—A local edu- Act, each high-risk facility is inspected not less or sampling a food line subject to this Act that cational agency that receives a grant under this is imported or offered for import into the United subsection may use not more than 2 percent of often than once every 2 years; and ‘‘(ii) for each succeeding year, each high-risk States; and the grant amount for administrative costs re- facility is inspected not less often than once ‘‘(3) information on the foreign offices of the lated to carrying out this subsection. each year. Food and Drug Administration including— (10) PROGRESS AND EVALUATIONS.—At the com- ‘‘(C) NON-HIGH-RISK FACILITIES.—The Sec- ‘‘(A) the number of foreign offices established; pletion of the grant period referred to in para- retary shall ensure that each facility that is not and graph (4), a local educational agency shall pro- identified under paragraph (1) as a high-risk fa- ‘‘(B) the number of personnel permanently vide the Secretary with information on how cility is inspected not less often than once every stationed in each foreign office. grant funds were spent and the status of imple- 4 years. ‘‘(i) PUBLIC AVAILABILITY OF ANNUAL FOOD mentation of the food allergy and anaphylaxis ‘‘(b) IDENTIFICATION AND INSPECTION AT REPORTS.—The Secretary shall make the reports management guidelines described in subsection PORTS OF ENTRY.—The Secretary, in consulta- required under subsection (h) available to the (b). tion with the Secretary of Homeland Security, public on the Internet Web site of the Food and (11) SUPPLEMENT, NOT SUPPLANT.—Grant shall allocate resources to inspect articles of Drug Administration.’’. funds received under this subsection shall be food imported into the United States according SEC. 202. RECOGNITION OF LABORATORY AC- used to supplement, and not supplant, non-Fed- to the risk profile of the article of food, which CREDITATION FOR ANALYSES OF eral funds and any other Federal funds avail- shall be based on the following factors: FOODS. able to carry out the activities described in this ‘‘(1) The risk profile of the food imported. (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et subsection. ‘‘(2) The risk profile of the countries or re- seq.), as amended by section 201, is amended by adding at the end the following: (12) AUTHORIZATION OF APPROPRIATIONS.— gions of origin and countries of transport of the There is authorized to be appropriated to carry food imported. ‘‘SEC. 422. RECOGNITION OF LABORATORY AC- out this subsection $30,000,000 for fiscal year ‘‘(3) The compliance history of the importer, CREDITATION FOR ANALYSES OF FOODS. 2010 and such sums as may be necessary for including with regard to food recalls, outbreaks, ‘‘(a) RECOGNITION OF LABORATORY ACCREDI- each of the 4 succeeding fiscal years. and violations of food safety standards. ‘‘(4) The rigor and effectiveness of the foreign TATION.— (d) VOLUNTARY NATURE OF GUIDELINES.— supplier verification program under section 805. ‘‘(1) IN GENERAL.—Not later than 2 years after (1) IN GENERAL.—The food allergy and ana- ‘‘(5) Whether the food importer participates in the date of enactment of the FDA Food Safety phylaxis management guidelines developed by the voluntary qualified importer program under Modernization Act, the Secretary shall— the Secretary under subsection (b) are vol- section 806. ‘‘(A) provide for the recognition of accredita- untary. Nothing in this section or the guidelines ‘‘(6) Whether the food meets the criteria for tion bodies that accredit laboratories, including developed by the Secretary under subsection (b) priority under section 801(h)(1). laboratories run and operated by a State or lo- shall be construed to require a local educational ‘‘(7) Whether the food is from a facility that cality, with a demonstrated capability to con- agency to implement such guidelines. has received a certificate as described in section duct sampling and analytical testing of food (2) EXCEPTION.—Notwithstanding paragraph 809(b). products; and (1), the Secretary may enforce an agreement by ‘‘(8) Any other criteria deemed appropriate by ‘‘(B) establish a publicly available registry of a local educational agency to implement food al- the Secretary for purposes of allocating inspec- accreditation bodies, including the name of, lergy and anaphylaxis management guidelines tion resources. contact information for, and other information as a condition of the receipt of a grant under ‘‘(c) COORDINATION.—The Secretary shall im- deemed necessary by the Secretary about such subsection (c). prove coordination and cooperation with the bodies.

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‘‘(2) FOREIGN LABORATORIES.—Accreditation ing determining the sufficiency of such informa- (2) CONTENT.—The Secretary shall select par- bodies recognized by the Secretary under para- tion and testing.’’. ticipants from the produce industry to run graph (1) may accredit laboratories that operate (b) FOOD EMERGENCY RESPONSE NETWORK.— projects which overall shall include at least 3 outside the United States, so long as such lab- The Secretary, in coordination with the Sec- different types of fruits or vegetables that have oratories meet the accreditation standards appli- retary of Agriculture, the Secretary of Home- been the subject of outbreaks during the 5-year cable to domestic laboratories accredited under land Security, and State, local, and tribal gov- period preceding the date of enactment of this this section. ernments shall, not later than 180 days after the Act, and shall be selected in order to develop ‘‘(3) MODEL ACCREDITATION STANDARDS.—The date of enactment of this Act, and biennially and demonstrate— Secretary shall develop model standards that an thereafter, submit to the relevant committees of (A) methods that are applicable and appro- accreditation body shall require laboratories to Congress, and make publicly available on the priate for small businesses; and meet in order to be included in the registry pro- Internet Web site of the Department of Health (B) technologies, including existing tech- vided for under paragraph (1). In developing the and Human Services, a report on the progress in nologies, that enhance traceback and trace for- model standards, the Secretary shall look to ex- implementing a national food emergency re- ward. isting standards for guidance. The model stand- sponse laboratory network that— (c) REPORT.—Not later than 18 months after ards shall include methods to ensure that— (1) provides ongoing surveillance, rapid detec- the date of enactment of this Act, the Secretary ‘‘(A) appropriate sampling and rapid analyt- tion, and surge capacity for large-scale food-re- shall report to Congress on the findings of the ical procedures and commercially available tech- lated emergencies, including intentional adul- pilot projects under subsection (b) together with niques are followed and reports of analyses are teration of the food supply; recommendations for establishing more effective certified as true and accurate; (2) coordinates the food laboratory capacities traceback and trace forward procedures for ‘‘(B) internal quality systems are established of State, local, and private food laboratories, in- fruits and vegetables that are raw agricultural and maintained; cluding the sharing of data between State lab- commodities. ‘‘(C) procedures exist to evaluate and respond oratories to develop national situational aware- (d) TRACEBACK PERFORMANCE REQUIRE- promptly to complaints regarding analyses and ness; MENTS.— other activities for which the laboratory is rec- (3) provides accessible, timely, accurate, and (1) IN GENERAL.—Not later than 3 years after ognized; consistent food laboratory services throughout the date of enactment of this Act, the Secretary ‘‘(D) individuals who conduct the sampling the United States; shall publish a notice of proposed rulemaking to and analyses are qualified by training and ex- (4) develops and implements a methods reposi- establish standards for the type of information, perience to do so; and tory for use by Federal, State, and local offi- format, and timeframe for persons to submit ‘‘(E) any other criteria determined appro- cials; records to aid the Secretary in effectively and priate by the Secretary. (5) responds to food-related emergencies; and rapidly tracking and tracing, in the event of a ‘‘(4) REVIEW OF ACCREDITATION.—To ensure (6) is integrated with relevant laboratory net- foodborne illness outbreak, fruits and vegetables compliance with the requirements of this sec- works administered by other Federal agencies. that are raw agricultural commodities. In pro- tion, the Secretary shall— SEC. 203. INTEGRATED CONSORTIUM OF LABORA- mulgating the regulations under this paragraph, ‘‘(A) periodically, or at least every 5 years, re- TORY NETWORKS. the Secretary shall consider— evaluate accreditation bodies recognized under (a) IN GENERAL.—The Secretary of Homeland (A) the impact of such regulations on farms paragraph (1); and Security, in coordination with the Secretary of and small businesses; ‘‘(B) promptly revoke the recognition of any Health and Human Services, the Secretary of (B) the findings in the report submitted under accreditation body found not to be in compli- Agriculture, and the Administrator of the Envi- subsection (c); and ance with the requirements of this section, ronmental Protection Agency, shall maintain an (C) existing international trade obligations. specifying, as appropriate, any terms and condi- (2) LIMITATIONS.— agreement through which relevant laboratory tions necessary for laboratories accredited by (A) TYPE OF RECORDS.—The Secretary shall network members, as determined by the Sec- such body to continue to perform testing as de- not require an entity that is subject to the re- retary of Homeland Security, shall— scribed in this section. quirements of section 419 of the Federal Food, (1) agree on common laboratory methods in ‘‘(b) TESTING PROCEDURES.— Drug, and Cosmetic Act (as added by section order to facilitate the sharing of knowledge and ‘‘(1) IN GENERAL.—Food testing shall be con- 105), but which is not a facility (as such term is information relating to animal health, agri- ducted by Federal laboratories or non-Federal defined by section 415 of such Act), to submit to culture, and human health; laboratories that have been accredited by an ac- the Secretary distribution records under this (2) identify means by which each laboratory creditation body on the registry established by section other than distribution records that are network member could work cooperatively— the Secretary under subsection (a)(1)(B) when- kept in the normal course of business and that (A) to optimize national laboratory prepared- ever such testing is conducted— show the immediate subsequent recipient, other ness; and ‘‘(A) by or on behalf of an owner or con- than a consumer. (B) to provide surge capacity during emer- signee— (B) MAINTENANCE OF RECORDS.—Nothing in gencies; and ‘‘(i) in response to a specific testing require- this section shall be construed as giving the Sec- (3) engage in ongoing dialogue and build rela- ment under this Act or implementing regula- retary the authority to prescribe specific tech- tionships that will support a more effective and tions, when applied to address an identified or nologies for the maintenance of records. integrated response during emergencies. suspected food safety problem; and (e) PUBLIC INPUT.—During the comment pe- ‘‘(ii) as required by the Secretary, as the Sec- (b) REPORTING REQUIREMENT.—The Secretary riod in the notice of proposed rulemaking under retary deems appropriate, to address an identi- of Homeland Security shall, on a biennial basis, subsection (d), the Secretary shall conduct not fied or suspected food safety problem; and submit to the relevant committees of Congress, less than 3 public meetings in diverse geo- ‘‘(B) on behalf of an owner or consignee— and make publicly available on the Internet graphical areas of the United States to provide ‘‘(i) in support of admission of an article of Web site of the Department of Homeland Secu- persons in different regions an opportunity to food under section 801(a); and rity, a report on the progress of the integrated comment. consortium of laboratory networks, as estab- ‘‘(ii) under an Import Alert that requires suc- (f) RAW AGRICULTURAL COMMODITY.—In this cessful consecutive tests. lished under subsection (a), in carrying out this section, the term ‘‘raw agricultural commodity’’ ‘‘(2) RESULTS OF TESTING.—The results of any section. has the meaning given that term in section such testing shall be sent directly to the Food SEC. 204. ENHANCING TRACEBACK AND RECORD- 201(r) of the Federal Food, Drug, and Cosmetic and Drug Administration, except the Secretary KEEPING. Act (21 U.S.C. 321(r)). N ENERAL may by regulation exempt test results that do (a) I G .—The Secretary, in consulta- SEC. 205. PILOT PROJECT TO ENHANCE not have to be so submitted if the Secretary de- tion with the Secretary of Agriculture and rep- TRACEBACK AND RECORDKEEPING termines that such results do not contribute to resentatives of State departments of health and WITH RESPECT TO PROCESSED the protection of public health. Test results re- agriculture, shall improve the capacity of the FOOD. quired to be submitted may be submitted to the Secretary to effectively and rapidly track and (a) IN GENERAL.—As soon as practicable after Food and Drug Administration through elec- trace, in the event of an outbreak, fruits and the date of enactment of this Act, the Secretary tronic means. vegetables that are raw agricultural commod- shall establish a pilot project to explore and ‘‘(c) REVIEW BY SECRETARY.—If food sampling ities. evaluate methods for rapidly and effectively and testing performed by a laboratory run and (b) PILOT PROJECTS.— tracking and tracing processed food so that, if operated by a State or locality that is accredited (1) IN GENERAL.—Not later than 9 months an outbreak occurs involving such a processed by an accreditation body on the registry estab- after the date of enactment of this Act, the Sec- food, the Secretary may quickly identify the lished by the Secretary under subsection (a) re- retary shall establish at least 3 pilot projects in source of the outbreak and the recipients of the sult in a State recalling a food, the Secretary coordination with the produce industry to ex- contaminated food. shall review the sampling and testing results for plore and evaluate methods for rapidly and ef- (b) CONSULTATION.—In establishing the pilot the purpose of determining the need for a na- fectively tracking and tracing fruits and vegeta- project under subsection (a), the Secretary shall tional recall or other compliance and enforce- bles that are raw agricultural commodities so consult with food processors and relevant busi- ment activities. that, if an outbreak occurs involving such a nesses of varying size. ‘‘(d) NO LIMIT ON SECRETARIAL AUTHORITY.— fruit or vegetable, the Secretary may quickly (c) CONTENT.—The Secretary shall select par- Nothing in this section shall be construed to identify, as soon as practicable, the source of ticipants from the processed food industry to limit the ability of the Secretary to review and the outbreak and the recipients of the contami- run a project which overall shall include 1 or act upon information from food testing, includ- nated food. more different types of processed food that have

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8040 CONGRESSIONAL RECORD — SENATE November 18, 2010 been the subject of outbreaks during the 5-year (B) opportunities to improve the effectiveness ered through the reportable food registry under period preceding the date of enactment of this of initiatives at the Federal, State, and local section 417 or through any other means, that Act and shall be selected in order to develop and levels, including coordination and integration of there is a reasonable probability that an article demonstrate— activities among Federal agencies, and between of food (other than infant formula) is adulter- (1) methods that are applicable and appro- the Federal, State, and local levels of govern- ated under section 402 or misbranded under sec- priate for small businesses; and ment; tion 403(w) and the use of or exposure to such (2) technologies, including existing tech- (C) improvement in the timeliness and depth article will cause serious adverse health con- nologies, that enhance traceback and trace for- of access by regulatory and health agencies, the sequences or death to humans or animals, the ward. food industry, academic researchers, and con- Secretary shall provide the responsible party (as (d) REPORT.—The Secretary shall report to sumers to foodborne illness aggregated, de-iden- defined in section 417) with an opportunity to Congress on the findings of the pilot project tified surveillance data collected by government cease distribution and recall such article. under this section, together with recommenda- agencies at all levels, including data compiled ‘‘(b) PREHEARING ORDER TO CEASE DISTRIBU- tions for establishing more effective traceback by the Centers for Disease Control and Preven- TION AND GIVE NOTICE.—If the responsible party and trace forward procedures for processed tion; refuses to or does not voluntarily cease distribu- food. (D) key barriers to improvement in foodborne tion or recall such article within the time and in (e) PROCESSED FOOD.—In this section, the illness surveillance and its utility for preventing the manner prescribed by the Secretary (if so term ‘‘processed food’’ has the meaning given foodborne illness at Federal, State, and local prescribed), the Secretary may, by order require, such term in section 201(gg) of the Federal Food, levels; as the Secretary deems necessary, such person Drug, and Cosmetic Act (21 U.S.C. 321(gg)). (E) the capabilities needed for establishing to— SEC. 206. SURVEILLANCE. automatic electronic searches of surveillance ‘‘(1) immediately cease distribution of such ar- data; and (a) DEFINITION OF FOODBORNE ILLNESS OUT- ticle; and (F) specific actions to reduce barriers to im- BREAK.—In this section, the term ‘‘foodborne ill- ‘‘(2) as applicable, immediately notify all per- provement, implement the working group’s rec- ness outbreak’’ means the occurrence of 2 or sons— ommendations, and achieve the purposes of this more cases of a similar illness resulting from the ‘‘(A) manufacturing, processing, packing, section, with measurable objectives and ingestion of a food. transporting, distributing, receiving, holding, or timelines, and identification of resource and importing and selling such article; and (b) FOODBORNE ILLNESS SURVEILLANCE SYS- staffing needs. ‘‘(B) to which such article has been distrib- TEMS.— (c) IMPROVING FOOD SAFETY AND DEFENSE CA- uted, transported, or sold, to immediately cease (1) IN GENERAL.—The Secretary, acting PACITY AT THE STATE AND LOCAL LEVEL.— through the Director of the Centers for Disease distribution of such article. (1) IN GENERAL.—The Secretary shall develop ‘‘(c) HEARING ON ORDER.—The Secretary shall Control and Prevention, shall enhance and implement strategies to leverage and en- provide the responsible party subject to an order foodborne illness surveillance systems to improve hance the food safety and defense capacities of under subsection (b) with an opportunity for an the collection, analysis, reporting, and useful- State and local agencies in order to achieve the informal hearing, to be held as soon as possible, ness of data on foodborne illnesses by— following goals: but not later than 2 days after the issuance of (A) coordinating Federal, State and local (A) Improve foodborne illness outbreak re- the order, on the actions required by the order foodborne illness surveillance systems, including sponse and containment. and on why the article that is the subject of the complaint systems, and increasing participation (B) Accelerate foodborne illness surveillance order should not be recalled. in national networks of public health and food and outbreak investigation, including rapid ‘‘(d) POST-HEARING RECALL ORDER AND MODI- regulatory agencies and laboratories; shipment of clinical isolates from clinical lab- FICATION OF ORDER.— (B) facilitating sharing of findings on a more oratories to appropriate State laboratories, and ‘‘(1) AMENDMENT OF ORDER.—If, after pro- timely basis among governmental agencies, in- conducting more standardized illness outbreak viding opportunity for an informal hearing cluding the Food and Drug Administration, the interviews. under subsection (c), the Secretary determines Department of Agriculture, and State and local (C) Strengthen the capacity of State and local that removal of the article from commerce is nec- agencies, and with the public; agencies to carry out inspections and enforce essary, the Secretary shall, as appropriate— (C) developing improved epidemiological tools safety standards. ‘‘(A) amend the order to require recall of such for obtaining quality exposure data and micro- (D) Improve the effectiveness of Federal, article or other appropriate action; biological methods for classifying cases; State, and local partnerships to coordinate food ‘‘(B) specify a timetable in which the recall (D) augmenting such systems to improve attri- safety and defense resources and reduce the in- shall occur; bution of a foodborne illness outbreak to a spe- cidence of foodborne illness. ‘‘(C) require periodic reports to the Secretary cific food; (E) Share information on a timely basis among describing the progress of the recall; and (E) expanding capacity of such systems, in- public health and food regulatory agencies, ‘‘(D) provide notice to consumers to whom cluding working toward automatic electronic with the food industry, with health care pro- such article was, or may have been, distributed. searches, for implementation of identification viders, and with the public. ‘‘(2) VACATING OF ORDER.—If, after such hear- practices, including fingerprinting strategies, for (F) Strengthen the capacity of State and local ing, the Secretary determines that adequate foodborne infectious agents, in order to identify agencies to achieve the goals described in sec- grounds do not exist to continue the actions re- new or rarely documented causes of foodborne tion 108. quired by the order, or that such actions should illness and submit standardized information to a (2) REVIEW.—In developing of the strategies be modified, the Secretary shall vacate the order centralized database; required by paragraph (1), the Secretary shall, or modify the order. (F) allowing timely public access to aggre- not later than 1 year after the date of enactment ‘‘(e) COOPERATION AND CONSULTATION.—The gated, de-identified surveillance data; of the FDA Food Safety Modernization Act, Secretary shall work with State and local public (G) at least annually, publishing current re- complete a review of State and local capacities, health officials in carrying out this section, as ports on findings from such systems; and needs for enhancement, which may include appropriate. (H) establishing a flexible mechanism for rap- a survey with respect to— ‘‘(f) PUBLIC NOTIFICATION.—In conducting a idly initiating scientific research by academic (A) staffing levels and expertise available to recall under this section, the Secretary shall— institutions; perform food safety and defense functions; ‘‘(1) ensure that a press release is published (I) integrating foodborne illness surveillance (B) laboratory capacity to support surveil- regarding the recall, as well as alerts and public systems and data with other biosurveillance and lance, outbreak response, inspection, and en- notices, as appropriate, in order to provide noti- public health situational awareness capabilities forcement activities; fication— at the Federal, State, and local levels; and (C) information systems to support data man- ‘‘(A) of the recall to consumers and retailers (J) other activities as determined appropriate agement and sharing of food safety and defense to whom such article was, or may have been, by the Secretary. information among State and local agencies and distributed; and (2) PARTNERSHIPS.—The Secretary shall sup- with counterparts at the Federal level; and ‘‘(B) that includes, at a minimum— port and maintain a diverse working group of (D) other State and local activities and needs ‘‘(i) the name of the article of food subject to experts and stakeholders from Federal, State, as determined appropriate by the Secretary. the recall; and and local food safety and health agencies, the (d) FOOD SAFETY CAPACITY BUILDING ‘‘(ii) a description of the risk associated with food and food testing industries, consumer orga- GRANTS.—Section 317R(b) of the Public Health such article; nizations, and academia. Such working group Service Act (42 U.S.C. 247b–20(b)) is amended— ‘‘(2) consult the policies of the Department of shall provide the Secretary, through at least an- (1) by striking ‘‘2002’’ and inserting ‘‘2010’’; Agriculture regarding providing to the public a nual meetings of the working group and an an- and list of retail consignees receiving products in- nual public report, advice and recommendations (2) by striking ‘‘2003 through 2006’’ and insert- volved in a Class I recall and shall consider pro- on an ongoing and regular basis regarding the ing ‘‘2011 through 2014’’. viding such a list to the public, as determined improvement of foodborne illness surveillance SEC. 207. MANDATORY RECALL AUTHORITY. appropriate by the Secretary; and and implementation of this section, including (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et ‘‘(3) if available, publish on the Internet Web advice and recommendations on— seq.), as amended by section 202, is amended by site of the Food and Drug Administration an (A) the priority needs of regulatory agencies, adding at the end the following: image of the article that is the subject of the the food industry, and consumers for informa- ‘‘SEC. 423. MANDATORY RECALL AUTHORITY. press release described in (1). tion and analysis on foodborne illness and its ‘‘(a) VOLUNTARY PROCEDURES.—If the Sec- ‘‘(g) NO DELEGATION.—The authority con- causes; retary determines, based on information gath- ferred by this section to order a recall or vacate

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8041 a recall order shall not be delegated to any offi- and disposal model plans described in subsection result of the enactment of the FDA Food Safety cer or employee other than the Commissioner. (c). Such exercises shall be carried out, to the Modernization Act and assisting regulated in- ‘‘(h) EFFECT.—Nothing in this section shall maximum extent practicable, as part of the na- dustry with compliance with such Act. affect the authority of the Secretary to request tional exercise program under section 648(b)(1) ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— or participate in a voluntary recall.’’. of the Post-Katrina Emergency Management Re- There are authorized to be appropriated such (b) SEARCH ENGINE.—Not later than 90 days form Act of 2006 (6 U.S.C. 748(b)(1)). sums as may be necessary to carry out this sec- after the date of enactment of this Act, the Sec- (e) MODIFICATIONS.—Based on the exercises tion for fiscal years 2011 through 2015.’’. retary shall modify the Internet Web site of the described in subsection (d), the Administrator, SEC. 211. GRANTS TO ENHANCE FOOD SAFETY. Food and Drug Administration to include a in coordination with the entities described in Section 1009 of the Federal Food, Drug, and search engine that— subsection (b), shall review and modify as nec- Cosmetic Act (21 U.S.C. 399) is amended to read (1) is consumer-friendly, as determined by the essary the plans described in subsection (c) not as follows: Secretary; and less frequently than biennially. ‘‘SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY. (2) provides a means by which an individual (f) PRIORITIZATION.—The Administrator, in ‘‘(a) IN GENERAL.—The Secretary is author- may locate relevant information regarding each coordination with the entities described in sub- ized to make grants to States, localities, terri- article of food subject to a recall under section section (b), shall develop standards and plans tories, and Indian tribes (as defined in section 420 of the Federal Food, Drug, and Cosmetic Act under subsections (b) and (c) in an identified 4(e) of the Indian Self-Determination and Edu- and the status of such recall (such as whether order of priority that takes into account— cation Assistance Act (25 U.S.C. 450b(e))) to— a recall is ongoing or has been completed). (1) highest-risk biological, chemical, and radi- ‘‘(1) undertake examinations, inspections, and (c) CIVIL PENALTY.—Section 303(f)(2)(A) (21 ological threat agents; investigations, and related food safety activities U.S.C. 333(f)(2)(A)) is amended by inserting ‘‘or (2) agents that could cause the greatest eco- under section 702; any person who does not comply with a recall nomic devastation to the agriculture and food ‘‘(2) train to the standards of the Secretary for order under section 423’’ after ‘‘section system; and the examination, inspection, and investigation 402(a)(2)(B)’’. (3) agents that are most difficult to clean or of food manufacturing, processing, packing, (d) PROHIBITED ACTS.—Section 301 (21 U.S.C. remediate. holding, distribution, and importation, includ- 331 et seq.), as amended by section 106, is SEC. 210. IMPROVING THE TRAINING OF STATE, ing as such examination, inspection, and inves- amended by adding at the end the following: LOCAL, TERRITORIAL, AND TRIBAL tigation relate to retail food establishments; ‘‘(xx) The refusal or failure to follow an order FOOD SAFETY OFFICIALS. ‘‘(3) build the capacity of the laboratories of under section 423.’’. Chapter X (21 U.S.C.391 et seq.) is amended by such State, locality, territory, or Indian tribe for SEC. 208. ADMINISTRATIVE DETENTION OF FOOD. adding at the end the following: food safety; (a) IN GENERAL.—Section 304(h)(1)(A) (21 ‘‘SEC. 1011. IMPROVING THE TRAINING OF STATE, ‘‘(4) build the infrastructure and capacity of U.S.C. 334(h)(1)(A)) is amended by— LOCAL, TERRITORIAL, AND TRIBAL the food safety programs of such State, locality, FOOD SAFETY OFFICIALS. (1) striking ‘‘credible evidence or information territory, or Indian tribe to meet the standards ‘‘(a) TRAINING.—The Secretary shall set indicating’’ and inserting ‘‘reason to believe’’; as outlined in the grant application; and standards and administer training and edu- and ‘‘(5) take appropriate action to protect the cation programs for the employees of State, (2) striking ‘‘presents a threat of serious ad- public health in response to— local, territorial, and tribal food safety officials verse health consequences or death to humans ‘‘(A) a notification under section 1008, includ- relating to the regulatory responsibilities and or animals’’ and inserting ‘‘is adulterated or ing planning and otherwise preparing to take policies established by this Act, including pro- misbranded’’. such action; or grams for— (b) REGULATIONS.—Not later than 120 days ‘‘(B) a recall of food under this Act. ‘‘(1) scientific training; after the date of enactment of this Act, the Sec- ‘‘(b) APPLICATION.— ‘‘(2) training to improve the skill of officers retary shall issue an interim final rule amending ‘‘(1) IN GENERAL.—To be eligible to receive a and employees authorized to conduct inspec- subpart K of part 1 of title 21, Code of Federal grant under this section, a State, locality, terri- tions under sections 702 and 704; Regulations, to implement the amendment made tory, or Indian tribe shall submit an application ‘‘(3) training to achieve advanced product or to the Secretary at such time, in such manner, by this section. process specialization in such inspections; (c) EFFECTIVE DATE.—The amendment made and including such information as the Secretary ‘‘(4) training that addresses best practices; may reasonably require. by this section shall take effect 180 days after ‘‘(5) training in administrative process and the date of enactment of this Act. ‘‘(2) CONTENTS.—Each application submitted procedure and integrity issues; under paragraph (1) shall include— SEC. 209. DECONTAMINATION AND DISPOSAL ‘‘(6) training in appropriate sampling and lab- ‘‘(A) an assurance that the State, locality, ter- STANDARDS AND PLANS. oratory analysis methodology; and ritory, or Indian tribe has developed plans to (a) IN GENERAL.—The Administrator of the ‘‘(7) training in building enforcement actions engage in the types of activities described in Environmental Protection Agency (referred to in following inspections, examinations, testing, subsection (a); this section as the ‘‘Administrator’’), in coordi- and investigations. ‘‘(B) a description of the types of activities to nation with the Secretary of Health and Human ‘‘(b) PARTNERSHIPS WITH STATE AND LOCAL be funded by the grant; Services, Secretary of Homeland Security, and OFFICIALS.— ‘‘(C) an itemization of how grant funds re- Secretary of Agriculture, shall provide support ‘‘(1) IN GENERAL.—The Secretary, pursuant to ceived under this section will be expended; for, and technical assistance to, State, local, a contract or memorandum of understanding be- ‘‘(D) a description of how grant activities will and tribal governments in preparing for, assess- tween the Secretary and the head of a State, be monitored; and ing, decontaminating, and recovering from an local, territorial, or tribal department or agency, ‘‘(E) an agreement by the State, locality, terri- agriculture or food emergency. is authorized and encouraged to conduct exami- tory, or Indian tribe to report information re- (b) DEVELOPMENT OF STANDARDS.—In car- nations, testing, and investigations for the pur- quired by the Secretary to conduct evaluations rying out subsection (a), the Administrator, in poses of determining compliance with the food under this section. coordination with the Secretary of Health and safety provisions of this Act through the officers ‘‘(c) LIMITATIONS.—The funds provided under Human Services, Secretary of Homeland Secu- and employees of such State, local, territorial, subsection (a) shall be available to a State, lo- rity, Secretary of Agriculture, and State, local, or tribal department or agency. cality, territory, or Indian tribe only to the ex- and tribal governments, shall develop and dis- ‘‘(2) CONTENT.—A contract or memorandum tent such State, locality, territory, or Indian seminate specific standards and protocols to un- described under paragraph (1) shall include pro- tribe funds its food safety programs independ- dertake clean-up, clearance, and recovery ac- visions to ensure adequate training of such offi- ently of any grant under this section in each tivities following the decontamination and dis- cers and employees to conduct such examina- year of the grant at a level equal to the level of posal of specific threat agents and foreign ani- tions, testing, and investigations. The contract such funding in the previous year, increased by mal diseases. or memorandum shall contain provisions regard- the Consumer Price Index. (c) DEVELOPMENT OF MODEL PLANS.—In car- ing reimbursement. Such provisions may, at the ‘‘(d) ADDITIONAL AUTHORITY.—The Secretary rying out subsection (a), the Administrator, the sole discretion of the head of the other depart- may— Secretary of Health and Human Services, and ment or agency, require reimbursement, in whole ‘‘(1) award a grant under this section in each the Secretary of Agriculture shall jointly de- or in part, from the Secretary for the examina- subsequent fiscal year without reapplication for velop and disseminate model plans for— tions, testing, or investigations performed pur- a period of not more than 3 years, provided the (1) the decontamination of individuals, equip- suant to this section by the officers or employees requirements of subsection (c) are met for the ment, and facilities following an intentional of the State, territorial, or tribal department or previous fiscal year; and contamination of agriculture or food; and agency. ‘‘(2) award a grant under this section in a fis- (2) the disposal of large quantities of animals, ‘‘(3) EFFECT.—Nothing in this subsection shall cal year for which the requirement of subsection plants, or food products that have been infected be construed to limit the authority of the Sec- (c) has not been met only if such requirement or contaminated by specific threat agents and retary under section 702. was not met because such funding was diverted foreign animal diseases. ‘‘(c) EXTENSION SERVICE.—The Secretary shall for response to 1 or more natural disasters or in (d) EXERCISES.—In carrying out subsection ensure coordination with the extension activities other extenuating circumstances that the Sec- (a), the Administrator, in coordination with the of the National Institute of Food and Agri- retary may determine appropriate. entities described under subsection (b), shall culture of the Department of Agriculture in ad- ‘‘(e) DURATION OF AWARDS.—The Secretary conduct exercises at least annually to evaluate vising producers and small processors may award grants to an individual grant recipi- and identify weaknesses in the decontamination transitioning into new practices required as a ent under this section for a period of not more

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In the event the Secretary con- analysis and risk-based preventive control plan ‘‘(4) The compliance of the importer with the ducts a program evaluation, funding in the sec- of the foreign supplier, and periodically testing requirements of section 805. ond year or third year of the grant, where ap- and sampling shipments. ‘‘(5) The recordkeeping, testing, inspections plicable, shall be contingent on a successful pro- ‘‘(d) RECORD MAINTENANCE AND ACCESS.— and audits of facilities, traceability of articles of gram evaluation by the Secretary after the first Records of an importer related to a foreign sup- food, temperature controls, and sourcing prac- year. plier verification program shall be maintained tices of the importer. ‘‘(f) PROGRESS AND EVALUATION.—A grant re- for a period of not less than 2 years and shall ‘‘(6) The potential risk for intentional adulter- cipient shall at the end of each year provide the be made available promptly to a duly authorized ation of the food. Secretary with information on how grant funds representative of the Secretary upon request. ‘‘(7) Any other factor that the Secretary deter- were spent and the status of the efforts by such ‘‘(e) DEEMED COMPLIANCE OF SEAFOOD, JUICE, mines appropriate. recipient to enhance food safety. AND LOW-ACID CANNED FOOD FACILITIES IN ‘‘(d) REVIEW AND REVOCATION.—Any importer ‘‘(g) SUPPLEMENT NOT SUPPLANT.—Grant COMPLIANCE WITH HACCP.—The owner, oper- qualified by the Secretary in accordance with funds received under this section shall be used ator, or agent in charge of a facility required to the eligibility criteria set forth in this section to supplement, and not supplant, non-Federal comply with 1 of the following standards and shall be reevaluated not less often than once funds and any other Federal funds available to regulations with respect to such facility shall be every 3 years and the Secretary shall promptly carry out the activities described in this section. deemed to be in compliance with this section revoke the qualified importer status of any im- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— with respect to such facility: porter found not to be in compliance with such For the purpose of making grants under this ‘‘(1) The Seafood Hazard Analysis Critical criteria. section, there are authorized to be appropriated Control Points Program of the Food and Drug ‘‘(e) NOTICE OF INTENT TO PARTICIPATE.—An such sums as may be necessary for fiscal years Administration. importer that intends to participate in the pro- 2011 through 2015.’’. ‘‘(2) The Juice Hazard Analysis Critical Con- gram under this section in a fiscal year shall submit a notice to the Secretary of such intent TITLE III—IMPROVING THE SAFETY OF trol Points Program of the Food and Drug Ad- at time and in a manner established by the Sec- IMPORTED FOOD ministration. ‘‘(3) The Thermally Processed Low-Acid Foods retary. SEC. 301. FOREIGN SUPPLIER VERIFICATION PRO- Packaged in Hermetically Sealed Containers ‘‘(f) FALSE STATEMENTS.—Any statement or GRAM. representation made by an importer to the Sec- (a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 standards of the Food and Drug Administration (or any successor standards). retary shall be subject to section 1001 of title 18, et seq.) is amended by adding at the end the fol- United States Code. lowing: ‘‘(f) PUBLICATION OF LIST OF PARTICIPANTS.— The Secretary shall publish and maintain on the ‘‘(g) DEFINITION.—For purposes of this sec- ‘‘SEC. 805. FOREIGN SUPPLIER VERIFICATION tion, the term ‘importer’ means the person that PROGRAM. Internet Web site of the Food and Drug Admin- istration a current list that includes the name brings food, or causes food to be brought, from ‘‘(a) IN GENERAL.— of, location of, and other information deemed a foreign country into the customs territory of ‘‘(1) VERIFICATION REQUIREMENT.—Each im- the United States.’’. porter shall perform risk-based foreign supplier necessary by the Secretary about, importers par- ticipating under this section.’’. SEC. 303. AUTHORITY TO REQUIRE IMPORT CER- verification activities for the purpose of TIFICATIONS FOR FOOD. verifying that the food imported by the importer (b) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), as amended by section 207, is amended by (a) IN GENERAL.—Section 801(a) (21 U.S.C. or its agent is— 381(a)) is amended by inserting after the third ‘‘(A) produced in compliance with the require- adding at the end the following: ‘‘(yy) The importation or offering for importa- sentence the following: ‘‘With respect to an arti- ments of section 418 or 419, as appropriate; and cle of food, if importation of such food is subject ‘‘(B) is not adulterated under section 402 or tion of a food if the importer (as defined in sec- tion 805) does not have in place a foreign sup- to, but not compliant with, the requirement misbranded under section 403(w). under subsection (q) that such food be accom- ‘‘(2) IMPORTER DEFINED.—For purposes of this plier verification program in compliance with such section 805.’’. panied by a certification or other assurance that section, the term ‘importer’ means, with respect the food meets some or all applicable require- to an article of food— (c) IMPORTS.—Section 801(a) (21 U.S.C. 381(a)) is amended by adding ‘‘or the importer (as de- ments of this Act, then such article shall be re- ‘‘(A) the United States owner or consignee of fused admission.’’. the article of food at the time of entry of such fined in section 805) is in violation of such sec- tion 805’’ after ‘‘or in violation of section 505’’. (b) ADDITION OF CERTIFICATION REQUIRE- article into the United States; or MENT.—Section 801 (21 U.S.C. 381) is amended (d) EFFECTIVE DATE.—The amendments made ‘‘(B) in the case when there is no United by adding at the end the following new sub- States owner or consignee as described in sub- by this section shall take effect 2 years after the date of enactment of this Act. section: paragraph (A), the United States agent or rep- ‘‘(q) CERTIFICATIONS CONCERNING IMPORTED SEC. 302. VOLUNTARY QUALIFIED IMPORTER resentative of a foreign owner or consignee of FOODS.— PROGRAM. the article of food at the time of entry of such ‘‘(1) IN GENERAL.—The Secretary, based on article into the United States. Chapter VIII (21 U.S.C. 381 et seq.), as amend- public health considerations, including risks as- ‘‘(b) GUIDANCE.—Not later than 1 year after ed by section 301, is amended by adding at the sociated with the food or its place of origin, may the date of enactment of the FDA Food Safety end the following: require as a condition of granting admission to Modernization Act, the Secretary shall issue ‘‘SEC. 806. VOLUNTARY QUALIFIED IMPORTER an article of food imported or offered for import guidance to assist importers in developing for- PROGRAM. into the United States, that an entity specified eign supplier verification programs. ‘‘(a) IN GENERAL.—Beginning not later than 1 in paragraph (2) provide a certification or such ‘‘(c) REGULATIONS.— year after the date of enactment of the FDA other assurances as the Secretary determines ‘‘(1) IN GENERAL.—Not later than 1 year after Food Safety Modernization Act, the Secretary appropriate that the article of food complies the date of enactment of the FDA Food Safety shall— with some or all applicable requirements of this Modernization Act, the Secretary shall promul- ‘‘(1) establish a program, in consultation with Act, as specified by the Secretary. Such certifi- gate regulations to provide for the content of the the Secretary of Homeland Security, to provide cation or assurances may be provided in the foreign supplier verification program established for the expedited review and importation of food form of shipment-specific certificates, a listing of under subsection (a). Such regulations shall, as offered for importation by importers who have certified entities, or in such other form as the appropriate, include a process for verification voluntarily agreed to participate in such pro- Secretary may specify. Such certification shall by an importer, with respect to each foreign gram; and be used for designated food imported from coun- supplier from which it obtains food, that the im- ‘‘(2) issue a guidance document related to par- tries with which the Food and Drug Administra- ported food is produced in compliance with the ticipation and compliance with such program. tion has an agreement to establish a certifi- requirements of section 418 or 419, as appro- ‘‘(b) VOLUNTARY PARTICIPATION.—An importer cation program. priate, and is not adulterated under section 402 may request the Secretary to provide for the ex- ‘‘(2) CERTIFYING ENTITIES.—For purposes of or misbranded under section 403(w). pedited review and importation of designated paragraph (1), entities that shall provide the ‘‘(2) VERIFICATION.—The regulations under foods in accordance with the program proce- certification or assurances described in such paragraph (1) shall require that the foreign sup- dures established by the Secretary. paragraph are— plier verification program of each importer be ‘‘(c) ELIGIBILITY.—Eligibility shall be limited ‘‘(A) an agency or a representative of the gov- adequate to provide assurances that each for- to an importer offering food for importation ernment of the country from which the article of eign supplier to the importer produces the im- from a facility that has a certification described food at issue originated, as designated by such ported food employing processes and procedures, in section 809(b). In reviewing the applications government or the Secretary; or including risk-based reasonably appropriate and making determinations on such requests, ‘‘(B) such other persons or entities accredited preventive controls, equivalent in preventing the Secretary shall consider the risk of the food pursuant to section 809 to provide such certifi- adulteration and reducing hazards to those re- to be imported based on factors, such as the fol- cation or assurance. quired by section 418 or section 419, as appro- lowing: ‘‘(3) RENEWAL AND REFUSAL OF CERTIFI- priate. ‘‘(1) The nature of the food to be imported. CATIONS.—The Secretary may— ‘‘(3) ACTIVITIES.—Verification activities under ‘‘(2) The compliance history of the foreign ‘‘(A) require that any certification or other as- a foreign supplier verification program under supplier. surance provided by an entity specified in para- this section may include monitoring records for ‘‘(3) The capability of the regulatory system of graph (2) be renewed by such entity at such shipments, lot-by-lot certification of compliance, the country of export to ensure compliance with times as the Secretary determines appropriate; annual on-site inspections, checking the hazard United States food safety standards. and

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‘‘(B) refuse to accept any certification or as- (3) Provisions for mutual recognition of in- ‘‘(7) REGULATORY AUDIT.—The term ‘regu- surance if the Secretary determines that such spection reports. latory audit’ means an audit of an eligible enti- certification or assurance is not valid or reli- (4) Training of foreign governments and food ty— able. producers on United States requirements for safe ‘‘(A) to determine whether such entity is in ‘‘(4) ELECTRONIC SUBMISSION.—The Secretary food. compliance with the provisions of this Act; and shall provide for the electronic submission of (5) Recommendations on whether and how to ‘‘(B) the results of which determine— certifications under this subsection. harmonize requirements under the Codex ‘‘(i) whether an entity is eligible to receive a ‘‘(5) FALSE STATEMENTS.—Any statement or Alimentarius. certification under section 801(q); and representation made by an entity described in (6) Provisions for the multilateral acceptance ‘‘(ii) whether the entity is eligible to partici- paragraph (2) to the Secretary shall be subject of laboratory methods and detection techniques. pate in the voluntary qualified importer pro- to section 1001 of title 18, United States Code.’’. (d) RULE OF CONSTRUCTION.—Nothing in this gram under section 806. (c) CONFORMING TECHNICAL AMENDMENT.— section shall be construed to affect the regula- ‘‘(8) THIRD-PARTY AUDITOR.—The term ‘third- Section 801(b) (21 U.S.C. 381(b)) is amended in tion of dietary supplements under the Dietary party auditor’ means a foreign government, for- the second sentence by striking ‘‘with respect to Supplement Health and Education Act of 1994 eign cooperative, or any other qualified third an article included within the provision of the (Public Law 103–417). party, as the Secretary determines appropriate, fourth sentence of subsection (a)’’ and inserting SEC. 307. INSPECTION OF FOREIGN FOOD FACILI- that conducts audits of eligible entities to certify ‘‘with respect to an article described in sub- TIES. that such eligible entities meet the applicable re- section (a) relating to the requirements of sec- Chapter VIII (21 U.S.C. 381 et seq.), as amend- quirements of this section. tions 760 or 761,’’. ed by section 305, is amended by inserting at the ‘‘(b) ACCREDITATION SYSTEM.— (d) NO LIMIT ON AUTHORITY.—Nothing in the end the following: ‘‘(1) ACCREDITATION BODIES.— ‘‘(A) RECOGNITION OF ACCREDITATION BOD- amendments made by this section shall limit the ‘‘SEC. 808. INSPECTION OF FOREIGN FOOD FA- IES.— authority of the Secretary to conduct inspec- CILITIES. tions of imported food or to take such other ‘‘(i) IN GENERAL.—Not later than 2 years after ‘‘(a) INSPECTION.—The Secretary— the date of enactment of the FDA Food Safety steps as the Secretary deems appropriate to de- ‘‘(1) may enter into arrangements and agree- termine the admissibility of imported food. Modernization Act, the Secretary shall establish ments with foreign governments to facilitate the a system for the recognition of accreditation SEC. 304. PRIOR NOTICE OF IMPORTED FOOD inspection of foreign facilities registered under bodies that accredit third-party auditors and SHIPMENTS. section 415; and audit agents to certify that eligible entities meet (a) IN GENERAL.—Section 801(m)(1) (21 U.S.C. ‘‘(2) shall direct resources to inspections of the applicable requirements of this Act. 381(m)(1)) is amended by inserting ‘‘any country foreign facilities, suppliers, and food types, es- ‘‘(ii) DIRECT ACCREDITATION.—If, by the date to which the article has been refused entry;’’ pecially such facilities, suppliers, and food types that is 1 year after the date of establishment of after ‘‘the country from which the article is that present a high risk (as identified by the the system described in clause (i), the Secretary shipped;’’. Secretary), to help ensure the safety and secu- has not identified and recognized an accredita- (b) REGULATIONS.—Not later than 120 days rity of the food supply of the United States. tion body to meet the requirements of this sec- after the date of enactment of this Act, the Sec- ‘‘(b) EFFECT OF INABILITY TO INSPECT.—Not- tion, the Secretary may directly accredit third- retary shall issue an interim final rule amending withstanding any other provision of law, food party auditors and audit agents. subpart I of part 1 of title 21, Code of Federal shall be refused admission into the United ‘‘(B) NOTIFICATION.—Each accreditation body Regulations, to implement the amendment made States if it is from a foreign facility registered recognized by the Secretary shall submit to the by this section. under section 415 of which the owner, operator, Secretary a list of all accredited third-party (c) EFFECTIVE DATE.—The amendment made or agent in charge of the facility, or the govern- auditors and audit agents accredited by such by this section shall take effect 180 days after ment of the foreign country, refuses to permit body. the date of enactment of this Act. entry of United States inspectors, upon request, ‘‘(C) REVOCATION OF RECOGNITION AS AN AC- SEC. 305. REVIEW OF A REGULATORY AUTHORITY to inspect such facility. For purposes of this CREDITATION BODY.—The Secretary shall OF A FOREIGN COUNTRY. subsection, such an owner, operator, or agent in promptly revoke the recognition of any accredi- Chapter VIII (21 U.S.C. 381 et seq.), as amend- charge shall be considered to have refused an tation body found not to be in compliance with ed by section 302, is amended by adding at the inspection if such owner, operator, or agent in the requirements of this section. end the following: charge refuses such a request to inspect a facil- ‘‘(2) MODEL ACCREDITATION STANDARDS.—The ‘‘SEC. 807. REVIEW OF A REGULATORY AUTHOR- ity more than 2 business days after such request Secretary shall develop model standards, includ- ITY OF A FOREIGN COUNTRY. is submitted.’’. ing audit report requirements, and each recog- ‘‘The Secretary may review information from SEC. 308. ACCREDITATION OF THIRD-PARTY AUDI- nized accreditation body shall ensure that third- a country outlining the statutes, regulations, TORS AND AUDIT AGENTS. party auditors and audit agents meet such standards, and controls of such country, and Chapter VIII (21 U.S.C. 381 et seq.), as amend- standards in order to qualify as an accredited conduct on-site audits in such country to verify ed by section 307, is amended by adding at the third-party auditor or audit agent under this the implementation of those statutes, regula- end the following: section. In developing the model standards, the tions, standards, and controls. Based on such ‘‘SEC. 809. ACCREDITATION OF THIRD-PARTY Secretary shall look to standards in place on the review, the Secretary shall determine whether AUDITORS AND AUDIT AGENTS. date of the enactment of this section for guid- such country can provide reasonable assurances ‘‘(a) DEFINITIONS.—In this section: ance, to avoid unnecessary duplication of ef- that the food supply of the country meets or ex- ‘‘(1) ACCREDITED AUDIT AGENT.—The term ‘ac- forts and costs. ceeds the safety of food manufactured, proc- credited audit agent’ means an audit agent ac- ‘‘(c) THIRD-PARTY AUDITORS AND AUDIT AGEN- essed, packed, or held in the United States.’’. credited by an accreditation body under this CIES.— SEC. 306. BUILDING CAPACITY OF FOREIGN GOV- section. ‘‘(1) REQUIREMENTS FOR ACCREDITATION AS A ERNMENTS WITH RESPECT TO FOOD. ‘‘(2) AUDIT AGENT.—The term ‘audit agent’ THIRD-PARTY AUDITOR OR AUDIT AGENT.— (a) IN GENERAL.—The Secretary shall, not means an individual who is qualified to conduct ‘‘(A) FOREIGN GOVERNMENTS.—Prior to accred- later than 2 years of the date of enactment of food safety audits, and who may be an employee iting a foreign government as an accredited this Act, develop a comprehensive plan to ex- or an agent of a third-party auditor. third-party auditor, the accreditation body (or, pand the technical, scientific, and regulatory ‘‘(3) ACCREDITATION BODY.—The term ‘accred- in the case of direct accreditation under sub- capacity of foreign governments, and their re- itation body’ means a recognized authority that section (b)(1)(A)(ii), the Secretary) shall perform spective food industries, from which foods are performs accreditation of third-party auditors such reviews and audits of food safety pro- exported to the United States. and audit agents. grams, systems, and standards of the govern- (b) CONSULTATION.—In developing the plan ‘‘(4) ACCREDITED THIRD-PARTY AUDITOR.—The ment as the Secretary deems necessary to deter- under subsection (a), the Secretary shall consult term ‘accredited third-party auditor’ means a mine that the foreign government is capable of with the Secretary of Agriculture, Secretary of third-party auditor accredited by an accredita- adequately ensuring that eligible entities cer- State, Secretary of the Treasury, the United tion body under this section. tified by such government meet the requirements States Trade Representative, and the Secretary ‘‘(5) CONSULTATIVE AUDIT.—The term ‘consult- of this Act with respect to food manufactured, of Commerce, representatives of the food indus- ative audit’ means an audit of an eligible enti- processed, packed, or held for import into the try, appropriate foreign government officials, ty— United States. nongovernmental organizations that represent ‘‘(A) to determine whether such entity is in ‘‘(B) FOREIGN COOPERATIVES AND OTHER THIRD the interests of consumers, and other stake- compliance with the provisions of this Act and PARTIES.—Prior to accrediting a foreign cooper- holders. with applicable industry standards and prac- ative that aggregates the products of growers or (c) PLAN.—The plan developed under sub- tices; and processors, or any other third party that the section (a) shall include, as appropriate, the fol- ‘‘(B) the results of which are for internal fa- Secretary determines appropriate to be an ac- lowing: cility purposes only. credited third-party auditor or audit agent, the (1) Recommendations for bilateral and multi- ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible enti- accreditation body (or, in the case of direct ac- lateral arrangements and agreements, including ty’ means a foreign entity, including a foreign creditation under subsection (b)(1)(A)(ii), the provisions to provide for responsibility of export- facility registered under section 415, in the food Secretary) shall perform such reviews and au- ing countries to ensure the safety of food. import supply chain that chooses to be audited dits of the training and qualifications of audi- (2) Provisions for secure electronic data shar- by an accredited third-party auditor or audit tors used by that cooperative or party and con- ing. agent. duct such reviews of internal systems and such

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8044 CONGRESSIONAL RECORD — SENATE November 18, 2010 other investigation of the cooperative or party ‘‘(ii) in carrying out audits of eligible entities shall be subject to section 1001 of title 18, United as the Secretary deems necessary to determine under this section, have procedures to ensure States Code. that each eligible entity certified by the coopera- against the use of any officer or employee of ‘‘(f) MONITORING.—To ensure compliance with tive or party has systems and standards in use such auditor that has a financial conflict of in- the requirements of this section, the Secretary to ensure that such entity meets the require- terest regarding an eligible entity to be certified shall— ments of this Act. by such auditor; and ‘‘(1) periodically, or at least once every 4 ‘‘(2) REQUIREMENT TO ISSUE CERTIFICATION OF ‘‘(iii) annually make available to the Sec- years, reevaluate the accreditation bodies de- ELIGIBLE ENTITIES.— retary disclosures of the extent to which such scribed in subsection (b)(1); ‘‘(A) IN GENERAL.—An accreditation body (or, auditor and the officers and employees of such ‘‘(2) periodically, or at least once every 4 in the case of direct accreditation under sub- auditor have maintained compliance with years, audit the performance of each accredited section (b)(1)(A)(ii), the Secretary) may not ac- clauses (i) and (ii) relating to financial conflicts third-party auditor and audit agent, through credit a third-party auditor or audit agent un- of interest. the review of audit reports by such auditors and less such third-party auditor or audit agent ‘‘(B) AUDIT AGENTS.—An accredited audit audit agents, the compliance history as avail- agrees to issue a written and electronic certifi- agent shall— able of eligible entities certified by such auditors cation to accompany each food shipment for im- ‘‘(i) not own or operate an eligible entity to be and audit agents, and any other measures port into the United States from an eligible enti- certified by such agent; deemed necessary by the Secretary; ty certified by the third-party auditor or audit ‘‘(ii) in carrying out audits of eligible entities ‘‘(3) at any time, conduct an onsite audit of agent, subject to requirements set forth by the under this section, have procedures to ensure any eligible entity certified by an accredited Secretary. Such written certification may be in- that such agent does not have a financial con- third-party auditor or audit agent, with or cluded with other documentation regarding flict of interest regarding an eligible entity to be without the auditor or audit agent present; and such food shipment. The Secretary shall con- certified by such agent; and ‘‘(4) take any other measures deemed nec- sider such certificates when targeting inspection ‘‘(iii) annually make available to the Sec- essary by the Secretary. resources under section 421. retary disclosures of the extent to which such ‘‘(g) PUBLICLY AVAILABLE REGISTRY.—The ‘‘(B) PURPOSE OF CERTIFICATION.—The Sec- agent has maintained compliance with clauses Secretary shall establish a publicly available retary shall use evidence of certification pro- (i) and (ii) relating to financial conflicts of in- registry of accreditation bodies and of accred- vided by accredited third-party auditors and terest. ited third-party auditors and audit agents, in- audit agents to— ‘‘(C) REGULATIONS.—The Secretary shall pro- cluding the name of, contact information for, ‘‘(i) determine the eligibility of an importer to mulgate regulations not later than 18 months and other information deemed necessary by the receive a certification under section 801(q); and after the date of enactment of the FDA Food Secretary about such bodies, auditors, and ‘‘(ii) determine the eligibility of an importer to Safety Modernization Act to ensure that there agents. participate in the voluntary qualified importer are protections against conflicts of interest be- ‘‘(h) LIMITATIONS.— program under section 806. tween an accredited third-party auditor or audit ‘‘(1) NO EFFECT ON SECTION 704 INSPECTIONS.— ‘‘(3) AUDIT REPORT REQUIREMENTS.— agent and the eligible entity to be certified by ‘‘(A) REQUIREMENTS IN GENERAL.—As a condi- The audits performed under this section shall such auditor or audit agent. Such regulations tion of accreditation, an accredited third-party not be considered inspections under section 704. shall include— auditor or audit agent shall prepare the audit ‘‘(2) NO EFFECT ON INSPECTION AUTHORITY.— ‘‘(i) requiring that audits performed under report for an audit, in a form and manner des- Nothing in this section affects the authority of this section be unannounced; ignated by the Secretary, which shall include— ‘‘(ii) a structure to decrease the potential for the Secretary to inspect any eligible entity pur- ‘‘(i) the identity of the persons at the audited conflicts of interest, including timing and public suant to this Act.’’. eligible entity responsible for compliance with disclosure, for fees paid by eligible entities to ac- SEC. 309. FOREIGN OFFICES OF THE FOOD AND food safety requirements; DRUG ADMINISTRATION. ‘‘(ii) the dates of the audit; credited third-party auditors or audit agents; and (a) IN GENERAL.—The Secretary shall estab- ‘‘(iii) the scope of the audit; and lish offices of the Food and Drug Administra- ‘‘(iv) any other information required by the ‘‘(iii) appropriate limits on financial affili- tion in foreign countries selected by the Sec- Secretary that relate to or may influence an as- ations between an accredited third-party audi- retary, to provide assistance to the appropriate sessment of compliance with this Act. tor or audit agent and any person that owns or ‘‘(B) SUBMISSION OF REPORTS TO THE SEC- operates an eligible entity to be certified by such governmental entities of such countries with re- RETARY.— auditor or audit agent. spect to measures to provide for the safety of ar- ‘‘(i) IN GENERAL.—Following any accredita- ‘‘(6) WITHDRAWAL OF ACCREDITATION.—The ticles of food and other products regulated by tion of a third-party auditor or audit agent, the Secretary shall withdraw accreditation from an the Food and Drug Administration exported by Secretary may, at any time, require the accred- accredited third-party auditor or audit agent— such country to the United States, including by ited third-party auditor or audit agent to submit ‘‘(A) if food from an eligible entity certified by directly conducting risk-based inspections of to the Secretary an onsite audit report and such such third-party auditor or audit agent is linked such articles and supporting such inspections by other reports or documents required as part of to an outbreak of human or animal illness; such governmental entity. the audit process, for any eligible entity cer- ‘‘(B) following a performance audit and find- (b) CONSULTATION.—In establishing the for- tified by the third-party auditor or audit agent. ing by the Secretary that the third-party audi- eign offices described in subsection (a), the Sec- Such report may include documentation that tor or audit agent no longer meets the require- retary shall consult with the Secretary of State the eligible entity is in compliance with any ap- ments for accreditation; or and the United States Trade Representative. plicable registration requirements. ‘‘(C) following a refusal to allow United (c) REPORT.—Not later than October 1, 2011, ‘‘(ii) LIMITATION.—The requirement under States officials to conduct such audits and in- the Secretary shall submit to Congress a report clause (i) shall not include any report or other vestigations as may be necessary to ensure con- on the basis for the selection by the Secretary of documents resulting from a consultative audit tinued compliance with the requirements set the foreign countries in which the Secretary es- by the accredited third-party auditor or audit forth in this section. tablished offices, the progress which such offices agent, except that the Secretary may access the ‘‘(7) NEUTRALIZING COSTS.—The Secretary have made with respect to assisting the govern- results of a consultative audit in accordance shall establish a method, similar to the method ments of such countries in providing for the with section 414. used by the Department of Agriculture, by safety of articles of food and other products reg- ‘‘(4) REQUIREMENTS OF AUDIT AGENTS.— which accredited third-party auditors and audit ulated by the Food and Drug Administration ex- ‘‘(A) RISKS TO PUBLIC HEALTH.—If, at any agents reimburse the Food and Drug Adminis- ported to the United States, and the plans of the time during an audit, an accredited audit agent tration for the work performed to establish and Secretary for establishing additional foreign of- discovers a condition that could cause or con- administer the accreditation system under this fices of the Food and Drug Administration, as tribute to a serious risk to the public health, the section. The Secretary shall make operating this appropriate. audit agent shall immediately notify the Sec- program revenue-neutral and shall not generate SEC. 310. SMUGGLED FOOD. surplus revenue from such a reimbursement retary of— (a) IN GENERAL.—Not later than 180 days mechanism. ‘‘(i) the identification of the eligible entity after the enactment of this Act, the Secretary ‘‘(d) RECERTIFICATION OF ELIGIBLE ENTI- subject to the audit; and shall, in consultation with the Secretary of ‘‘(ii) such condition. TIES.—An eligible entity shall apply for annual Homeland Security, the Commissioner of Cus- ‘‘(B) TYPES OF AUDITS.—An accredited audit recertification by an accredited third-party agent may perform consultative and regulatory auditor or audit agent if such entity— toms and Border Patrol, and the Assistant Sec- audits of eligible entities. ‘‘(1) intends to participate in voluntary quali- retary for Immigration and Customs Enforce- ‘‘(C) LIMITATIONS.—An accredited audit agent fied importer program under section 806; or ment, develop and implement a strategy to better may not perform a regulatory audit of an eligi- ‘‘(2) must provide to the Secretary a certifi- identify smuggled food and prevent entry of ble entity if such agent has performed a consult- cation under section 801(q) for any food from such food into the United States. ative audit or a regulatory audit of such eligible such entity. (b) NOTIFICATION TO HOMELAND SECURITY.— entity during the previous 24-month period. ‘‘(e) FALSE STATEMENTS.—Any statement or Not later than 10 days after the Secretary iden- ‘‘(5) CONFLICTS OF INTEREST.— representation made— tifies a smuggled food that the Secretary believes ‘‘(A) THIRD-PARTY AUDITORS.—An accredited ‘‘(1) by an employee or agent of an eligible en- would cause serious adverse health con- third-party auditor shall— tity to an accredited third-party auditor or sequences or death to humans or animals, the ‘‘(i) not be owned, managed, or controlled by audit agent; or Secretary shall provide to the Secretary of any person that owns or operates an eligible en- ‘‘(2) by an accredited third-party auditor or Homeland Security a notification under section tity to be certified by such auditor; an audit agent to the Secretary, 417(k) of the Federal Food, Drug, and Cosmetic

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Act (21 U.S.C. 350f(k)) describing the smuggled that the employee (or other such person) reason- ‘‘(3) FINAL ORDER.— food and, if available, the names of the individ- ably believed to be in violation of any provision ‘‘(A) IN GENERAL.—Not later than 120 days uals or entities that attempted to import such of this Act, or any order, rule, regulation, after the date of conclusion of any hearing food into the United States. standard, or ban under this Act. under paragraph (2), the Secretary shall issue a (c) PUBLIC NOTIFICATION.—If the Secretary— ‘‘(b) PROCESS.— final order providing the relief prescribed by this (1) identifies a smuggled food; ‘‘(1) IN GENERAL.—A person who believes that paragraph or denying the complaint. At any (2) reasonably believes exposure to the food he or she has been discharged or otherwise dis- time before issuance of a final order, a pro- would cause serious adverse health con- criminated against by any person in violation of ceeding under this subsection may be terminated sequences or death to humans or animals; and subsection (a) may, not later than 180 days after on the basis of a settlement agreement entered (3) reasonably believes that the food has en- the date on which such violation occurs, file (or into by the Secretary, the complainant, and the tered domestic commerce and is likely to be con- have any person file on his or her behalf) a com- person alleged to have committed the violation. sumed, plaint with the Secretary of Labor (referred to ‘‘(B) CONTENT OF ORDER.—If, in response to a the Secretary shall promptly issue a press re- in this section as the ‘Secretary’) alleging such complaint filed under paragraph (1), the Sec- lease describing that food and shall use other discharge or discrimination and identifying the retary determines that a violation of subsection emergency communication or recall networks, as person responsible for such act. Upon receipt of (a) has occurred, the Secretary shall order the appropriate, to warn consumers and vendors such a complaint, the Secretary shall notify, in person who committed such violation— about the potential threat. writing, the person named in the complaint of ‘‘(i) to take affirmative action to abate the (d) DEFINITION.—In this subsection, the term the filing of the complaint, of the allegations violation; ‘‘smuggled food’’ means any food that a person contained in the complaint, of the substance of ‘‘(ii) to reinstate the complainant to his or her introduces into the United States through evidence supporting the complaint, and of the former position together with compensation (in- fraudulent means or with the intent to defraud opportunities that will be afforded to such per- cluding back pay) and restore the terms, condi- or mislead. son under paragraph (2). tions, and privileges associated with his or her ‘‘(2) INVESTIGATION.— employment; and TITLE IV—MISCELLANEOUS PROVISIONS ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(iii) to provide compensatory damages to the SEC. 401. FUNDING FOR FOOD SAFETY. after the date of receipt of a complaint filed complainant. (a) IN GENERAL.—There are authorized to be under paragraph (1) and after affording the ‘‘(C) PENALTY.—If such an order is issued appropriated to carry out the activities of the complainant and the person named in the com- under this paragraph, the Secretary, at the re- Center for Food Safety and Applied Nutrition, plaint an opportunity to submit to the Secretary quest of the complainant, shall assess against the Center for Veterinary Medicine, and related a written response to the complaint and an op- the person against whom the order is issued a field activities in the Office of Regulatory Af- portunity to meet with a representative of the sum equal to the aggregate amount of all costs fairs of the Food and Drug Administration— Secretary to present statements from witnesses, and expenses (including attorneys’ and expert (1) $825,000,000 for fiscal year 2010; and the Secretary shall initiate an investigation and witness fees) reasonably incurred, as determined (2) such sums as may be necessary for fiscal determine whether there is reasonable cause to by the Secretary, by the complainant for, or in years 2011 through 2014. believe that the complaint has merit and notify, connection with, the bringing of the complaint (b) INCREASED NUMBER OF FIELD STAFF.— in writing, the complainant and the person al- upon which the order was issued. (1) IN GENERAL.—To carry out the activities of leged to have committed a violation of sub- ‘‘(D) BAD FAITH CLAIM.—If the Secretary finds the Center for Food Safety and Applied Nutri- section (a) of the Secretary’s findings. that a complaint under paragraph (1) is frivo- tion, the Center for Veterinary Medicine, and ‘‘(B) REASONABLE CAUSE FOUND; PRELIMINARY lous or has been brought in bad faith, the Sec- related field activities of the Office of Regu- ORDER.—If the Secretary concludes that there is retary may award to the prevailing employer a latory Affairs of the Food and Drug Administra- reasonable cause to believe that a violation of reasonable attorneys’ fee, not exceeding $1,000, tion, the Secretary of Health and Human Serv- subsection (a) has occurred, the Secretary shall to be paid by the complainant. ices shall increase the field staff of such Centers accompany the Secretary’s findings with a pre- ‘‘(4) ACTION IN COURT.— and Office with a goal of not fewer than— liminary order providing the relief prescribed by ‘‘(A) IN GENERAL.—If the Secretary has not (A) 3,800 staff members in fiscal year 2010; paragraph (3)(B). Not later than 30 days after issued a final decision within 210 days after the (B) 4,000 staff members in fiscal year 2011; the date of notification of findings under this filing of the complaint, or within 90 days after (C) 4,200 staff members in fiscal year 2012; paragraph, the person alleged to have com- receiving a written determination, the complain- (D) 4,600 staff members in fiscal year 2013; and mitted the violation or the complainant may file ant may bring an action at law or equity for de (E) 5,000 staff members in fiscal year 2014. objections to the findings or preliminary order, novo review in the appropriate district court of (2) FIELD STAFF FOR FOOD DEFENSE.—The goal or both, and request a hearing on the record. the United States with jurisdiction, which shall under paragraph (1) shall include an increase of The filing of such objections shall not operate to have jurisdiction over such an action without 150 employees by fiscal year 2011 to— stay any reinstatement remedy contained in the regard to the amount in controversy, and which (A) provide additional detection of and re- preliminary order. Any such hearing shall be action shall, at the request of either party to sponse to food defense threats; and conducted expeditiously. If a hearing is not re- such action, be tried by the court with a jury. (B) detect, track, and remove smuggled food quested in such 30-day period, the preliminary The proceedings shall be governed by the same (as defined in section 310) from commerce. order shall be deemed a final order that is not legal burdens of proof specified in paragraph SEC. 402. WHISTLEBLOWER PROTECTIONS. subject to judicial review. (2)(C). ‘‘(C) DISMISSAL OF COMPLAINT.— ‘‘(B) RELIEF.—The court shall have jurisdic- Chapter X of the Federal Food, Drug, and ‘‘(i) STANDARD FOR COMPLAINANT.—The Sec- tion to grant all relief necessary to make the em- Cosmetic Act (21 U.S.C. 391 et seq.), as amended retary shall dismiss a complaint filed under this ployee whole, including injunctive relief and by section 210, is further amended by adding at subsection and shall not conduct an investiga- compensatory damages, including— the end the following: tion otherwise required under subparagraph (A) ‘‘(i) reinstatement with the same seniority sta- ‘‘SEC. 1012. WHISTLEBLOWER PROTECTIONS. unless the complainant makes a prima facie tus that the employee would have had, but for ‘‘(a) IN GENERAL.—No entity engaged in the showing that any behavior described in para- the discharge or discrimination; manufacture, processing, packing, transporting, graphs (1) through (4) of subsection (a) was a ‘‘(ii) the amount of back pay, with interest; distribution, reception, holding, or importation contributing factor in the unfavorable personnel and of food may discharge an employee or otherwise action alleged in the complaint. ‘‘(iii) compensation for any special damages discriminate against an employee with respect to ‘‘(ii) STANDARD FOR EMPLOYER.—Notwith- sustained as a result of the discharge or dis- compensation, terms, conditions, or privileges of standing a finding by the Secretary that the crimination, including litigation costs, expert employment because the employee, whether at complainant has made the showing required witness fees, and reasonable attorney’s fees. the employee’s initiative or in the ordinary under clause (i), no investigation otherwise re- ‘‘(5) REVIEW.— course of the employee’s duties (or any person quired under subparagraph (A) shall be con- ‘‘(A) IN GENERAL.—Unless the complainant acting pursuant to a request of the employee)— ducted if the employer demonstrates, by clear brings an action under paragraph (4), any per- ‘‘(1) provided, caused to be provided, or is and convincing evidence, that the employer son adversely affected or aggrieved by a final about to provide or cause to be provided to the would have taken the same unfavorable per- order issued under paragraph (3) may obtain re- employer, the Federal Government, or the attor- sonnel action in the absence of that behavior. view of the order in the United States Court of ney general of a State information relating to ‘‘(iii) VIOLATION STANDARD.—The Secretary Appeals for the circuit in which the violation, any violation of, or any act or omission the em- may determine that a violation of subsection (a) with respect to which the order was issued, al- ployee reasonably believes to be a violation of has occurred only if the complainant dem- legedly occurred or the circuit in which the com- any provision of this Act or any order, rule, reg- onstrates that any behavior described in para- plainant resided on the date of such violation. ulation, standard, or ban under this Act, or any graphs (1) through (4) of subsection (a) was a The petition for review must be filed not later order, rule, regulation, standard, or ban under contributing factor in the unfavorable personnel than 60 days after the date of the issuance of this Act; action alleged in the complaint. the final order of the Secretary. Review shall ‘‘(2) testified or is about to testify in a pro- ‘‘(iv) RELIEF STANDARD.—Relief may not be conform to chapter 7 of title 5, United States ceeding concerning such violation; ordered under subparagraph (A) if the employer Code. The commencement of proceedings under ‘‘(3) assisted or participated or is about to as- demonstrates by clear and convincing evidence this subparagraph shall not, unless ordered by sist or participate in such a proceeding; or that the employer would have taken the same the court, operate as a stay of the order. ‘‘(4) objected to, or refused to participate in, unfavorable personnel action in the absence of ‘‘(B) NO JUDICIAL REVIEW.—An order of the any activity, policy, practice, or assigned task that behavior. Secretary with respect to which review could

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8046 CONGRESSIONAL RECORD — SENATE November 18, 2010 have been obtained under subparagraph (A) ucts Inspection Act, the Egg Products Inspec- (3) in subparagraph (B)— shall not be subject to judicial review in any tion Act, or agreements regarding voluntary in- (A) in the heading, by striking ‘‘REMAINING criminal or other civil proceeding. spection under the Agricultural Marketing Act PORTION OF 2010’’ and inserting ‘‘2011’’; and ‘‘(6) FAILURE TO COMPLY WITH ORDER.— (7 U.S.C. 1621 et seq.). (B) by striking ‘‘the period beginning on Whenever any person has failed to comply with SEC. 404. COMPLIANCE WITH INTERNATIONAL December 1, 2010, and ending on December 31, an order issued under paragraph (3), the Sec- AGREEMENTS. 2010, and for’’. retary may file a civil action in the United Nothing in this Act (or an amendment made SEC. 3. TREATMENT OF MULTIPLE SERVICE PAY- States district court for the district in which the by this Act) shall be construed in a manner in- MENT POLICIES FOR THERAPY violation was found to occur, or in the United consistent with the agreement establishing the SERVICES. States district court for the District of Columbia, World Trade Organization or any other treaty (a) SMALLER PAYMENT DISCOUNT FOR CER- to enforce such order. In actions brought under or international agreement to which the United TAIN MULTIPLE THERAPY SERVICES.—Section this paragraph, the district courts shall have ju- States is a party. 1848(b) of the Social Security Act (42 U.S.C. risdiction to grant all appropriate relief includ- SEC. 405. UPDATING GUIDANCE RELATING TO 1395w–4(b)) is amended by adding at the end ing, but not limited to, injunctive relief and FISH AND FISHERIES PRODUCTS the following new paragraph: compensatory damages. HAZARDS AND CONTROLS. ‘‘(7) ADJUSTMENT IN DISCOUNT FOR CERTAIN ‘‘(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— The Secretary shall, not later than 180 days MULTIPLE THERAPY SERVICES.—In the case of ‘‘(A) IN GENERAL.—A person on whose behalf after the date of enactment of this Act, update therapy services furnished on or after Janu- an order was issued under paragraph (3) may the Fish and Fisheries Products Hazards and ary 1, 2011, and for which payment is made commence a civil action against the person to Control Guidance to take into account advances under fee schedules established under this whom such order was issued to require compli- in technology that have occurred since the pre- section, instead of the 25 percent multiple ance with such order. The appropriate United vious publication of such Guidance by the Sec- procedure payment reduction specified in the States district court shall have jurisdiction, retary. final rule published by the Secretary in the without regard to the amount in controversy or SEC. 406. FOOD TRANSPORTATION STUDY. Federal Register on November 29, 2010, the reduction percentage shall be 20 percent.’’. the citizenship of the parties, to enforce such The Secretary of Health and Human Services, (b) EXEMPTION OF PAYMENT REDUCTION order. acting through the Commissioner of Food and FROM BUDGET-NEUTRALITY.—Section ‘‘(B) AWARD.—The court, in issuing any final Drugs, shall conduct a study of the transpor- 1848(c)(2)(B)(v) of the Social Security Act (42 order under this paragraph, may award costs of tation of food for consumption in the United U.S.C. 1395w–4(c)(2)(B)(v)) is amended by add- litigation (including reasonable attorneys’ and States, including transportation by air, that in- ing at the end the following new subclause: expert witness fees) to any party whenever the cludes an examination of the unique needs of ‘‘(VII) REDUCED EXPENDITURES FOR MUL- court determines such award is appropriate. rural and frontier areas with regard to the de- TIPLE THERAPY SERVICES.—Effective for fee ‘‘(c) EFFECT OF SECTION.— livery of safe food. ‘‘(1) OTHER LAWS.—Nothing in this section schedules established beginning with 2011, re- preempts or diminishes any other safeguards Mr. REID. Mr. President, are we on duced expenditures attributable to the mul- against discrimination, demotion, discharge, the bill now? tiple procedure payment reduction for ther- suspension, threats, harassment, reprimand, re- The PRESIDING OFFICER. Yes, we apy services (as described in subsection taliation, or any other manner of discrimination are. (b)(7)).’’. provided by Federal or State law. SEC. 4. DETERMINATION OF BUDGETARY EF- ‘‘(2) RIGHTS OF EMPLOYEES.—Nothing in this f FECTS. section shall be construed to diminish the rights, THE VETERANS’, SENIORS’, AND The budgetary effects of this Act, for the purpose of complying with the Statutory privileges, or remedies of any employee under CHILDREN’S HEALTH TECHNICAL any Federal or State law or under any collective Pay-As-You-Go Act of 2010, shall be deter- bargaining agreement. The rights and remedies CORRECTIONS ACT OF 2010 mined by reference to the latest statement in this section may not be waived by any agree- Mr. REID. Mr. President, I ask unan- titled ‘‘Budgetary Effects of PAYGO Legisla- ment, policy, form, or condition of employment. imous consent that the Senate proceed tion’’ for this Act, submitted for printing in ‘‘(d) ENFORCEMENT.—Any nondiscretionary to Calendar No. 465, H.R. 5712. the Congressional Record by the Chairman of the Senate Budget Committee, provided that duty imposed by this section shall be enforceable The PRESIDING OFFICER. The in a mandamus proceeding brought under sec- such statement has been submitted prior to tion 1361 of title 28, United States Code. clerk will report the bill by title. the vote on passage. ‘‘(e) LIMITATION.—Subsection (a) shall not The legislative clerk read as follows: The amendment (No. 4712) was agreed apply with respect to an employee of an entity A bill (H.R. 5712) to provide for certain to, as follows: engaged in the manufacture, processing, pack- clarifications and extensions under Medi- ing, transporting, distribution, reception, hold- care, Medicaid, and the Children’s Health In- Amend the file so as to read: An act enti- ing, or importation of food who, acting without surance Program. tled ‘‘The Physician Payment and Therapy Relief Act of 2010.’’ direction from such entity (or such entity’s There being no objection, the Senate The amendments were ordered to be agent), deliberately causes a violation of any re- proceeded to consider the bill. quirement relating to any violation or alleged engrossed and the bill to be read a Mr. REID. Mr. President, I ask unan- violation of any order, rule, regulation, stand- third time. imous consent that the substitute ard, or ban under this Act.’’. The bill (H.R. 5712) was read the third amendment, which is at the desk, be SEC. 403. JURISDICTION; AUTHORITIES. time and passed. Nothing in this Act, or an amendment made considered and that it be agreed to; Mr. REID. Mr. President, I appreciate by this Act, shall be construed to— that the bill, as amended, be read three everyone’s cooperation. This is the (1) alter the jurisdiction between the Secretary times and then passed and the motion SGR extension for 30 days to allow us of Agriculture and the Secretary of Health and to reconsider be laid upon the table; to spend more time on this and make Human Services, under applicable statutes, reg- that the title amendment, which is ulations, or agreements regarding products eligi- sure the doctors are able to be com- also at the desk, be considered and pensated. These Medicare patients are ble for voluntary inspection under the Agricul- agreed to, and the motion to reconsider tural Marketing Act (7 U.S.C. 1621 et seq.); extremely important, as are the doc- (2) alter the jurisdiction between the Adminis- be laid upon the table. tors. The PRESIDING OFFICER. Without tration of the Alcohol and Tobacco Tax and f Trade Bureau and the Secretary of Health and objection, it is so ordered. Human Services, under applicable statutes and The amendment (No. 4711) in the na- FDA FOOD SAFETY regulations; ture of a substitute, was agreed to, as MODERNIZATION ACT—Continued (3) limit the authority of the Secretary of follows: Mr. REID. Mr. President, I ask unan- Health and Human Services to issue regulations Strike all after the enacting clause and in- related to the safety of food under— imous consent that there now be a sert the following: (A) the Federal Food, Drug, and Cosmetic Act time for debate only for a period of 20 (21 U.S.C. 301 et seq.) as in effect on the day be- SECTION 1. SHORT TITLE. minutes, with Senator BROWNBACK fore the date of enactment of this Act; or This Act may be cited as the ‘‘The Physi- being recognized for a period of up to 10 (B) the Public Health Service Act (42 U.S.C. cian Payment and Therapy Relief Act of minutes and that I be recognized when 301 et seq.) as in effect on the day before the 2010’’. he completes his statement. date of enactment of this Act; or SEC. 2. PHYSICIAN PAYMENT UPDATE. For the benefit of all Members, Sen- (4) impede, minimize, or affect the authority Section 1848(d)(11) of the Social Security ator MCCONNELL and I are trying to of the Secretary of Agriculture to prevent, con- Act (42 U.S.C. 1395w–4(d)(11)) is amended— trol, or mitigate a plant or animal health emer- (1) in the heading, by striking ‘‘NOVEMBER’’ work through some procedural issues gency, or a food emergency or foodborne illness and inserting ‘‘DECEMBER’’; we have here to give more definition to outbreak involving products regulated under the (2) in subparagraph (A), by striking ‘‘No- what we are doing. We are trying to Federal Meat Inspection Act, the Poultry Prod- vember 30’’ and inserting ‘‘December 31’’; and work something out on food safety and

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8047 on the Lew nomination. We don’t have the virtues of the ‘‘greatest genera- where you see this in action, where that done yet, but we have made tion’’ and look to them for ways to somebody selflessly takes care of other progress. So we hope everyone will be move forward. It is looking back at the individuals. patient and stay around so they will old path of what worked in tough times Last night I was at the Korean Em- know what we are going to wind up and moving it forward on the new path. bassy and we were talking about what doing. It is a delicate time here. Every- I came into this seat after Bob Dole is taking place in North Korea, and one one has to be calm and cool. We have a served in this body. He served in this of the people working there at the lot to do in the next few weeks and we seat. Senator Dole from Kansas is the South Korean Embassy was amazed would like to be able to expedite some iconic figure of the World War II gen- that people in the United States would of this tonight. eration, of that ‘‘greatest generation.’’ care what happens to people in North The PRESIDING OFFICER. Is there He just got out of Walter Reed Hos- Korea. I said one of the people with me objection? pital. He has been very sick and ill this was saying that is how we look at the Without objection, it is so ordered. year. He is coming back, recuperating. world. If somebody else is in bondage, The Senator from Kansas. I think he is 87 years old this year. if somebody else is in difficulty, we feel FAREWELL TO THE SENATE Most everybody in America would that and we want to help to deal with Mr. BROWNBACK. Mr. President, I agree about the ‘‘greatest generation.’’ it. That, to me, is part of what Amer- thank the majority leader for setting They would say that World War II gen- ican exceptionalism is all about. up this period of time. This will be my eration hit the mark of what it is to be This is a special place and has a spe- last speech, probably, to the body. It is an American, what it is to sacrifice, cial calling. If it is not us doing it, in a speech I wish to give in talking about what it is to fight for a good cause. many cases around the world it does leaving the Senate of the United They did it with a set of virtues that not get done. I have been in the Sudan States. are timeless, that are known, and I and they are not calling on the Chinese I was just elected to be Governor of think we have to emulate this time for to lead Sudan into a freer time period. Kansas, and I am very excited about us to deal with the problems we have I have been in other places—in Africa, on the North Korean border. If you are that post. I have served here a period of now. They were courageous; they were looking for somebody to solve the prob- 14 years, which has been a wonderful selfless; they were courteous; they lem, it is the Americans who go in and chance to be able to serve the people of were people who would fight for a Kansas—the people of the United do it. cause. They were the ones who exhib- Our task now is to not only do that States. I love this body and I love this ited charity, thrift. That was certainly around the world, but it is to do it do- country. known in that generation. I think mestically. I think we have to look A lot of folks, when they leave, talk these are things we have to bring more and more at ourselves and say we about partisanship and the bickering. I back—hard work, compassion. are a special place and I think we have like to think about the beauty of the It seems to me, when I think of that to look at ourselves as the baby boom- country and the ability to come to- generation—and nobody is perfect and er generation that I am a part of and gether because it does happen. The that generation is not perfect—those say you have to prove and earn your predecessor of the person sitting in the are ideals I saw in practice, whether it exceptionalism. I think we have to step Presiding Officer’s seat and I worked was them on the battlefield in World up to the mark as the ‘‘greatest gen- on one of the flagship pieces of legisla- War II or if it was them raising their eration’’ did and be willing to serve in tion on human rights protection. It was families at home or if it was their edu- a tough way, in a sacrificial way, in on human trafficking, the initial bill. cating of their families, if it was saving the best interests of the future of our That was with Senator Paul Wellstone, for future generations; that is what country. We have to do it and now is who was from Minnesota. He was a de- they did. the time to do it. lightful individual. It was a great I don’t know, if you ask people of I am appreciative that the President chance for us to work together on that generation, did you do this on pur- had a deficit task force he appointed something, and we couldn’t have been pose, they might say we did or didn’t. and that they came up with some further apart. I think he was ranked Most of them would say this was the ideas, with some of which I agree, with the second most liberal Member of the right thing to do and it is the thing we some of which I disagree. But I am glad Senate. He aspired to be No. 1, but he needed to do. I think it is what we need they started the discussion and the de- was second. But he was a delightful to do now. I think we need to emulate bate. If the figures I have seen are ac- man and he dealt from the heart and those virtues of the ‘‘greatest genera- curate, half the American households we got things done. tion’’ and apply them to our problems. receive an entitlement check from the I say that because I think that is how Their problems were more foreign Federal Government—half of the Amer- we work in this place; that we fight on than ours. Ours I believe are more do- ican households. We have a deficit and about 20 percent of the issues—and mestic, dealing with our own debt and debt that is structural. It is not based they are important, big issues—and deficit as a country and as a society upon one-time war funding, although then we cooperate and work together and as individuals and individual war funding has contributed to it, but on a whole host of broad bipartisan households; us creating and saving for it is structural in that we have more issues, such as dealing with things like that next generation in the country going out than we have coming in. It is human trafficking. You do that pri- and investing to do that, and being time this is dealt with. I think that is marily with people who deal from the selfless and sacrificial in doing that. part of the message from this last elec- heart—people such as Paul Wellstone, Building family structure and doing tion cycle. The American people are Ted Kennedy, and Jesse Helms. There that which is for the good of our fami- ready to have an intelligent discussion, are a lot of others, and many people lies is what we need to do, and that vir- a difficult discussion of what we are get many things done in this body, but tue and that old, ancient path they fol- going to do to be able to save ourselves I think it is best when people deal from lowed, that they said we did because it fiscally. Now is the time to do it. the heart. When they do that, then was a thing we needed to do, I think we We actually have the structure set up there is a chance for us to come to- have to do the same thing. I hope we to do it. With a Republican House, gether around key and heartfelt things. will as a country. Democratic Senate, Democratic Presi- This has been a great body to serve in There has been a debate that started dency. This would be the time and the and I have delighted in being able to do in America that I do not agree with, structure to talk about this sort of dif- that. and it is whether this is a special coun- ficult issue. Our generation should step There is much to be done, much to be try and whether America is an excep- up and deal with it. I am not going to done for the country. We have to deal tional land. I for one fully embrace the be here for that discussion and debate, with the creation of jobs in America. notion that this is a special place. I be- but it is time we have it and it is time We have to deal with our debt and our lieve in American exceptionalism and I we bring back these timeless virtues to deficit. We have many issues to deal have been in many places over the deal with our domestic problems the with. My hope for here, and my hope world where you see this in action. I way we have dealt with international for our country, is that we go back to have been in many places in America problems in the ‘‘greatest generation.’’

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8048 CONGRESSIONAL RECORD — SENATE November 18, 2010 As I leave this body, one of the rites cantly the economic viability of the also committed to me that he himself of passage is to sign your desk, and I State of Louisiana. will be in the gulf coast—in Louisiana, just did that. I did it in pencil. I figure The Senator from Louisiana has actually—on Monday, expressing his that all of us will fade with time and worked tirelessly to get the work going commitment, and in no uncertain that signature will fade with time as again in the shallow water off the coast terms, to the future robustness of this well. But the things you remember are of Louisiana. She will be able to speak industry. what you touched and that touched on the record better than I can—and I Mr. President, this isn’t just about you and the souls that are touched. It have been in some of the negotiations— Louisiana and the importance to Lou- is people who deal from the heart who the progress she has made regarding isiana. I will submit this report for the are the ones who touch your life and that. Not only has the administration RECORD, ‘‘The Economic Impact of the the ones who touch your soul. I want to stepped forward but industries have Gulf of Mexico Offshore Oil and Nat- express my deep appreciation to my stepped forward. ural Gas Industry and the Role of the colleagues who have touched my heart. I ask unanimous consent that the Independents,’’ released in July of 2010. I hope I have been a positive statement Senator from Louisiana be recognized I will read only one figure, but it is big to many of them. to make a statement on the matter re- enough that it should capture people’s The psalm that comes to mind is one garding Jack Lew. attention. People are looking for The PRESIDING OFFICER. Without that says: ‘‘And his place knew him no money in this Chamber to solve our objection, it is so ordered. more.’’ budget issues and bring this budget Ms. LANDRIEU. Mr. President, I The psalmist wrote: ‘‘His place knew into balance. One figure I will cite thank the majority leader. His day has him no more.’’ After a period of time from this report is that the independ- been much busier than mine, but both you sign the desk, you move on, and ents—not big oil—I am not talking of our days have been filled with quite then you look back and see the signa- about Chevron, Shell, or BP; I am talk- tures in the desk and you don’t recog- a few matters before us. The vote that will take place in the ing about independent oil and gas oper- nize many of them. The place will ators that are sidelined because of this know us no more. But the hearts that Senate would not have taken place without my acquiescence. I thought it policy by the administration—inde- we touch, the hearts that touch ours, pendents will bring in more than $147 we will remember forever, and I cer- was important to speak briefly on my hold on Jack Lew. billion in Federal, State, and local rev- tainly will. enue in the next 10 years. So the stakes I thank you and my colleagues in the Jack Lew is a terrific nominee, and he has the support of many people in are very high, which is why I took the Senate for letting me serve with you. action I did and why today I have re- It has been a great joy. It is a fabulous this body for his new position, and we are grateful to him for wanting to be leased the hold, because notable nation, the greatest Nation on the face progress has been made, permits have of the Earth, and it was an honor to the budget director for a country that has serious economic challenges. We been issued, and the Secretary has serve here. committed, on Monday, to be in the God bless America. are very grateful. As you know, we have extremely se- State to give a path forward for this in- I yield the floor. dustry. I suggest the absence of a quorum. rious economic challenges right now in The PRESIDING OFFICER. The the Gulf of Mexico. It has been 5 years I am convinced that, at this moment, clerk will call the roll. since Katrina. Three weeks later, we that was the right thing to do for the The assistant legislative clerk pro- had Rita, and then Gustav and Ike— country and the gulf coast. But we ceeded to call the roll. four of the toughest storms the gulf have more progress that needs to be Mr. REID. Mr. President, I ask unan- coast has faced. Then a few years later, made. This industry is a valuable, crit- imous consent that the order for the we had an oilspill, with more than 5 ical, important industry to this Na- quorum call be rescinded. million barrels of oil spilled in the gulf, tion. It has been for over 100 years, and The PRESIDING OFFICER. Without which was bad enough. But then this it will be for the next 100 years. We objection, it is so ordered. administration placed a hold—or a have to realize the importance of pro- f moratorium, if you will—on an entire ducing oil and gas here at home. Yes, it industry because of that accident. It was a terrible accident. Yes, we need to EXECUTIVE SESSION was a horrible accident, but I think to have safety and rules and regulations place a moratorium on an entire indus- that are in force. But there has to be a EXECUTIVE CALENDAR try because one company and its con- way to accomplish that without shut- tractors made some serious and ter- ting down the entire industry and put- Mr. REID. Mr. President, I ask unan- rible mistakes is really unprecedented, ting hundreds of thousands of jobs at imous consent that the Senate proceed it is unwise, and it is extremely harm- risk. Again, this isn’t about big oil spe- to executive session to consider Cal- ful to the gulf coast. cifically; it is about contractors and endar No. 1118, the nomination of Jack I tried many things over the last sev- small businesses all along the gulf Lew to be Director of the Office of eral months to call attention to this coast and throughout the United Management and Budget, and that the matter. I called several hearings in States. nomination be confirmed. Louisiana, several hearings here in The PRESIDING OFFICER. Is there I appreciate the Secretary’s commit- Washington, and I sent several letters, ment, his renewed focus, and his under- objection? Without objection, it is so set up several meetings, and nothing ordered. standing of the urgency of the situa- seemed to be getting through to this tion. I thank my colleagues, many of The nomination considered and con- administration about the catastrophe firmed is as follows: whom were supportive of this action, they were causing along the gulf coast. as we have worked through these last 6 EXECUTIVE OFFICE OF THE PRESIDENT So I put this hold on a nominee. It was, weeks. I appreciate the courtesy of the Jacob J. Lew, of New York, to be Director in many ways, unprecedented. I didn’t majority leader. of the Office of Management and Budget. know that when I did it. I was told Mr. REID. Mr. President, we have later that it had never been done on a I ask unanimous consent to have been working for several days—actu- budget director. I figured it would get printed in the RECORD ‘‘How Big an Im- ally longer—trying to work things out their attention, and I think it has. pact?’’ from the study ‘‘The Economic on the situation involving the State of I have had three meetings in the last Impact of the Gulf of Mexico Offshore Louisiana. The State of Louisiana has 24 hours with the Secretary himself. Oil and Natural Gas Industry and the struggled. They had the hurricane. The We have talked through some of these Role of the Independents’’ done by IHS economic situation in Louisiana was issues in a way that I think we can Global Insight (USA), Inc., dated July going very well when the BP oilspill make progress. In the last week, there 21, 2010. occurred. As a result, action taken by have been two permits issued. I am told There being no objection, the mate- the administration, and other situa- there will be additional permits issued rial was ordered to be printed in the tions that developed, have hurt signifi- in the next few days. The Secretary has RECORD, as follows:

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8049 HOW BIG AN IMPACT? LEGISLATIVE SESSION Byron L. Dorgan, Jack Reed, Jeff Bingaman, Mark Begich, Blanche L. In this study, we analyze the economic Mr. REID. Mr. President, I note the contribution of the independents and poten- Lincoln, Robert Menendez, Daniel K. tial loss as a result of policies that effec- absence of a quorum. Akaka, Sherrod Brown, Sheldon tively prevent them from participating in fu- The PRESIDING OFFICER. The Whitehouse, Patty Murray, Debbie ture development in the offshore Gulf of clerk will call the roll. Stabenow, Barbara Boxer. Mexico and, in particular, in the deepwater. The assistant legislative clerk pro- CLOTURE MOTION Our analysis for the 2009–20 forecast period ceeded to call the roll. We, the undersigned Senators, in accord- indicates that the exclusion of the independ- The PRESIDING OFFICER. In my ance with the provisions of rule XXII of the ents from the offshore GOM would mean: capacity as a Senator from the State of Standing Rules of the Senate, hereby move The following lost jobs in the four-state to bring to a close debate on Calendar No. Gulf region (Alabama, Louisiana, Mis- Minnesota, I ask unanimous consent that the order for the quorum call be 247, S. 510, the FDA Food Safety Moderniza- sissippi, and Texas)—direct, indirect, and in- tion Act. duced: 2009—202,502; 2015—289,716; 2020— rescinded. Without objection, it is so ordered. Harry Reid, Patrick J. Leahy, Claire 300,974. McCaskill, Tom Harkin, Carl Levin, Additionally, 40,777 construction-related f Daniel K. Inouye, Richard J. Durbin, jobs would be lost in the four-state Gulf re- Byron L. Dorgan, Jack Reed, Jeff gion during 2009–20. This activity includes RECESS SUBJECT TO THE CALL OF Bingaman, Mark Begich, Blanche L. construction of rigs, platforms, pipelines, THE CHAIR Lincoln, Robert Menendez, Daniel K. and production facilities. The following lost taxes and royalties to The PRESIDING OFFICER. Without Akaka, Sherrod Brown, Sheldon the federal government: 2009—$7.34 billion; objection, the Senate stands in recess Whitehouse, Patty Murray, Debbie 2015—$10.13 billion; 2020—9.98 billion. subject to the call of the Chair. Stabenow, Barbara Boxer. The following lost state and local tax reve- Thereupon, the Senate, at 9:34 p.m., Mr. REID. I ask unanimous consent nues in the four-state Gulf region: 2009—$3.18 recessed subject to the call of the Chair the cloture vote on the substitute billion; 2015—$4.59 billion; 2020—$4.68 billion. and reassembled at 9:56 p.m. when Altogether, more than $147 billion in fed- amendment occur at 6 p.m. on Monday, eral, state, and local revenues would be lost called to order by the Presiding Officer November 29, and the mandatory in a 10-year period if independents are ex- (Mr. FRANKEN). quorum be waived. cluded from the Gulf of Mexico. These esti- f The PRESIDING OFFICER. Without mates only include revenues collected from objection, it is so ordered. FDA FOOD SAFETY the four-state Gulf region. Mr. REID. I ask unanimous consent MODERNIZATION ACT—Continued Within the deepwater, the exclusion of the that if cloture is invoked on the sub- independents would mean: The PRESIDING OFFICER. The Sen- The following lost jobs in the four-state stitute, then all postcloture time be Gulf region—direct, indirect, and induced: ate will come to order. yielded back except for the time speci- 2009—121,298; 2015—230,241; 2020 — 265,113. The majority leader. fied in this agreement; and that the The following lost taxes and royalties to Mr. REID. Mr. President, what is the only amendments or motions in order the federal government: 2009—$3.64 billion; business before the Senate? be those specified in this agreement, 2015—$726 billion; 2020—$8.33 billion. The PRESIDING OFFICER. The Sen- with debate limitations as specified: The following lost state and local tax reve- ate is considering S. 510. Johanns motion to suspend with re- nues in the four-state Gulf region: 2009—$1.63 Mr. REID. The food safety bill; is billion; 2015—$3.35 billion; 2020—$3.94 billion. spect to amendment No. 4702; Baucus Altogether, more than $106 billion in fed- that right? motion to suspend with respect to eral, state, and local revenues would be lost The PRESIDING OFFICER. That is amendment No. 4713, with a total of 60 in a 10-year period if independents are ex- correct. minutes of debate with respect to these cluded from the deepwater. COMMITTEE SUBSTITUTE WITHDRAWN two motions with the time equally di- Overall, the exclusion of the independents would significantly shrink offshore oil and Mr. REID. I ask unanimous consent vided and controlled between Senators gas activity, reduce the dynamism of the in- that the committee-reported substitute Baucus and Johanns; Coburn motion to dustry, and dilute U.S. technological and in- be withdrawn. suspend with respect to amendment dustry leadership. The PRESIDING OFFICER. Without No. 4696—substitute; Coburn motion to The reason for all these effects is that objection, it is so ordered. suspend with respect to amendment independents represent a much larger share AMENDMENT NO. 4715 No. 4697 dealing with earmarks; that of total activity than is generally recog- (Purpose: In the nature of a substitute) there be a total of 4 hours of debate nized. Independent producers are an integral with respect to the Coburn motions, part of shelf, as well as deepwater, drilling Mr. REID. I now call up the Harkin equally divided and controlled between and discovery. substitute amendment which is at the Senators COBURN and INOUYE or their Independents are the largest shareholder in desk and ask for that amendment to be 66% of the 7,521 leases in the entire Gulf of designees; that upon the use or yield- considered read. Mexico and in 81% of the producing leases. ing back of all time specified here, the In the deepwater portion of the Gulf of The PRESIDING OFFICER. The Senate proceed to vote with respect to Mexico, independents are the largest share- clerk will report. the motions to suspend in the order holder in 52% of all leases and in 46% of the The legislative clerk read as follows: listed: Johanns 1099; Baucus 1099; producing leases. They operate over half of The Senator from Nevada [Mr. REID], for the developing and producing deepwater Coburn earmarks; Coburn substitute; Mr. HARKIN, proposes an amendment num- that upon disposition of the motions, fields. bered 4715. Independents have drilled 1,298 wells in the and if any motion is successful, then deepwater, and they currently account for (The amendment is printed in today’s the Senate vote immediately on the over 900,000 barrels a day of oil equivalent RECORD under ‘‘Text of Amendments.’’) amendment; that no further motions or (oil and natural gas together). CLOTURE MOTIONS amendments be in order; the substitute Independents are responsible for an aver- Mr. REID. Mr. President, I have two age of 70% of the ‘‘farm-ins’’: the partner- amendment, as amended, if amended, ships formed following the original lease cloture motions at the desk. be agreed to; the bill, as amended, be agreement that enable prospects to be The PRESIDING OFFICER. The read a third time; that after the read- drilled and oil and gas produced. clerk will report the cloture motions. ing of the pay-go statement with re- Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: spect to the bill, the Senate proceed to imous consent that the motion to re- CLOTURE MOTION vote on passage of the bill; and that consider be considered made and laid We, the undersigned Senators, in accord- the cloture motion with respect to the upon the table; that any statements re- ance with the provisions of rule XXII of the bill be withdrawn. lating to the nomination be printed in Standing Rules of the Senate, hereby move The PRESIDING OFFICER. Without to bring to a close debate on the Harkin sub- the RECORD as if read; that the Presi- objection, it is so ordered. stitute amendment No. 4715 to Calendar No. dent be immediately notified of the 247, S. 510, the FDA Food Safety Moderniza- f Senate’s action and the Senate resume tion Act. MORNING BUSINESS legislative session. Harry Reid, Patrick J. Leahy, Claire The PRESIDING OFFICER. Without McCaskill, Tom Harkin, Carl Levin, Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Daniel K. Inouye, Richard J. Durbin, imous consent that the Senate proceed

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8050 CONGRESSIONAL RECORD — SENATE November 18, 2010 to a period of morning business with your pride in Aaron’s service and by Iranians have a long and proud his- Senators allowed to speak therein for your knowledge that his country will tory, and are some of the most pas- up to 10 minutes each. never forget him. We are humbled by sionate and courageous people I have The PRESIDING OFFICER. Without his service and his sacrifice. met. They are just as opposed to the objection, it is so ordered. f actions of the Iranian regime as we are. f IRAN In fact, a little over a year ago, the people of Iran went to the polls to vote HONORING OUR ARMED FORCES Mr. BROWNBACK. Mr. President, I for a leader and saw their hopes for a SERGEANT AARON B CRUTTENDEN rise to speak in relation to the Com- . democratically elected leader brutally prehensive Iran Sanctions, Account- Mr. BENNET. Mr. President, it is crushed by a regime unwilling to cede ability and Divestment Act of 2010 and with a heavy heart that I rise today to its power. People around the world to congratulate my colleagues on its honor the life and heroic service of stood breathlessly, hoping the brave unanimous passage. This legislation is SGT Aaron B. Cruttenden. Sergeant men and women of the Green Revolu- vital not only to sanction Iran for bad Cruttenden, assigned to the 27th Engi- tion would see their efforts rewarded. neer Battalion, based in Fort Bragg, behavior but to signal to the Govern- NC, died on November 7, 2010, of inju- ment of Iran our determination to keep Instead of listening to the people of ries sustained when his dismounted pa- them from developing or acquiring nu- Iran, Ahmadinejad and his cronies trol encountered small arms fire. Ser- clear weapons and from supporting ter- killed, imprisoned, and tortured those geant Cruttenden was serving in sup- rorism throughout the Middle East re- who were brave enough to speak out in port of Operation Enduring Freedom in gion and around the world. opposition to tyranny. Kunar Province, Afghanistan. He was It did not have to be this way. Iran Unfortunately, this violent course of 25 years old. has been given every opportunity to action is not a recently developed tac- A native of Mesa, AZ, Sergeant change its ways and has chosen not to tic. To this day, there are members of Cruttenden earned his graduate equiva- do so. Iran represents one of the big- the Green Revolution sitting in prison. lency diploma and worked for 2 years gest threats to our security, and these Christians are killed for worshiping the as an apprentice electrician. He then sanctions should help restrict Iran’s God of their choosing, the free press enlisted in the Army in March 2008. ability to operate. has been silenced, women are brutally Sergeant Cruttenden hoped to defend Specifically, this legislation will ex- oppressed. The human rights abuses of his country, make a better life for his pand sanctions on foreign companies Iran are extensive. that do business in Iran. It will ban family, and pursue opportunities for These sanctions are necessary be- U.S. banks from conducting financial higher education. He served a tour of cause of the terrible nature of the re- transactions with foreign banks that duty in Afghanistan with decoration. gime. The rulers in Tehran have dem- are connected to the Iranian nuclear During his 21⁄2 years of service, Ser- onstrated that they cannot be trusted. geant Cruttenden distinguished himself program or Iran’s terrorist enterprises. It imposes a variety of new financial They have subverted the interests of through his courage, dedication to sanctions on Iran, limiting the the Iranian people. They have manipu- duty, and willingness to take on one of mullahs’ access to the international lated the political process. the most dangerous and skillful jobs in banking system. And, among other pro- We in the United States of America the Army—detecting and eliminating visions, provides a framework for U.S., have a duty to stand with the thou- improvised explosive devices. Through- state, and local governments to divest sands of men and women in Iran who out Sergeant Cruttenden’s time in the their portfolios of foreign companies long for the basic rights that we in Army, family members recall that his that work in the Iranian energy sector. America take for granted. Freedom of foremost concern was protecting the In the past, the United States has not speech, freedom of assembly, freedom men and women under his command. fully utilized its sanctions authority of religion, freedom of the press. These Sergeant Cruttenden worked on the when it comes to Iran. Obviously, en- are the things the Iranian people long front lines of battle, serving in the forcement is crucial. Sanctions are for, and these are the things I am con- most dangerous areas of Afghanistan. only effective when they are actually fident they will one day enjoy. He is remembered by those who knew applied. I urge the administration, in Obviously, freedom for the Iranian him as a consummate professional with the strongest terms possible, to make people will require much more than an unending commitment to excel- full use of the sanctions Congress has legislation from the U.S. Congress, but lence. His family remembers him as a authorized in this bill. we ought to do what we can, and this dedicated son and loving father to his It is no secret that Iran is openly bill sends a strong signal at a key time young daughter. Both in service and ci- hostile to the United States and our for our efforts to halt Iran’s nuclear vilian life, Sergeant Cruttenden’s important allies, and failing to act program and for the people of Iran who warmth and caring for others were al- would be foolish and irresponsible. The seek a more representative govern- ways on display. Government of Iran has rejected every ment. I hope we take additional steps Mark Twain once said, ‘‘The fear of opportunity to develop good relations to support the Iranian people’s free and death follows from the fear of life. A with the rest of the world and sanc- unfettered access to the internet, boost man who lives fully is prepared to die tions are a logical and necessary re- their ability to receive unbiased news at any time.’’ Sergeant Cruttenden’s sponse. and information and provide the sup- service was in keeping with this senti- We must send a strong, unified mes- port and assistance they need to sus- ment—by selflessly putting country sage to Tehran and to those who aid tain the reform movement in the face first, he lived life to the fullest. He their tyrannical ambitions. Terrorism, of a hostile and repressive government. lived with a sense of the highest honor- oppression, and subjugation ought not able purpose. have any place in society. This legisla- Senator CORNYN and I have intro- At substantial personal risk, he tion imposes financial sanctions and duced the Iran Democratic Transition braved the chaos of combat zones travel restrictions on human rights Act, which supports the transition to a throughout Afghanistan. And though abusers in Iran. Passage of this legisla- freely elected democratic government his fate on the battlefield was uncer- tion helps demonstrate that we reject in Iran by assisting eligible Iranian tain, he pushed forward, protecting the repression of the rulers in Tehran democratic opposition organizations America’s citizens, her safety, and the and support the efforts of the Iranian with communications and distribution freedoms we hold dear. For his service people to change their government. of information. It is an important bill and the lives he touched, Sergeant And, I hope that the people of Iran to aid the courageous people of Iran, Cruttenden will forever be remembered will understand that is our goal here. and it is my hope that in the coming as one of our country’s bravest. We support the people of Iran. We sup- weeks the Senate will be able to bring To Sergeant Cruttenden’s entire fam- port their right to chose their own this bill to the floor for a vote. ily—I cannot imagine the sorrow you leaders and chart their own future. We Today is a great step forward. I look must be feeling. I hope that, in time, stand with them against the tyranny of forward to working with my colleagues the pain of your loss will be eased by the mullahs. on other ways that we can strengthen

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8051 opposition to the regime, halt the de- serve Officer Association. It includes 112th Congress, but for now, extending velopment of nuclear weapons, and sup- agricultural organizations and tech- the expiring provisions should be a top port the Iranian people’s drive for free- nology councils. priority for the remainder of this Con- dom. In short, this is a statement from a gress. f breadth of organizations which do not Mr. President, I ask unanimous con- often work together. I think we have to sent to have printed in the RECORD the VOTE EXPLANATION take this kind of letter very seriously November 16 letter from over 1,200 or- Mr. KERRY. Mr. President, I am nec- and consider its message carefully. And ganizations from around the country to essarily absent for the vote today on its message is that these provisions are which I referred. the FDA Food Safety Modernization very important to millions of Ameri- There being no objection, the mate- Act, S. 510. If I were able to attend, I cans, and that our failure to extend rial was ordered to be printed in the would have supported the motion to them could have a significant damp- RECORD, as follows: proceed to the bill. ening effect on the economy. And I also NOVEMBER 16, 2010. f want to be clear about something: this TO THE MEMBERS OF THE U.S. CONGRESS: should be a ‘‘clean’’ extension of these The undersigned represent millions of indi- NEED FOR BIPARTISAN policies—we shouldn’t be raising taxes viduals, businesses, organizations and mem- RESOLUTION OF TAX ISSUES on other businesses at the same time bers of the U.S. Armed Forces. We urge Con- Mr. BROWN of Massachusetts. Mr. and thereby blunting the impact of this gress to pass legislation in the lame duck President, I rise today to discuss the session to extend critical tax provisions important action for the economy. that, while temporary in nature, are critical need for Congress to resolve an issue of One of the best known of the extend- importance to millions of Americans: to our economy. It is of the utmost impor- ers is the R&D tax credit. It actually tance to all of us, and to the health of the specifically, the need for a bipartisan expired at the end of 2009, so America’s U.S. economy, that this extension be enacted agreement on taxes. innovative companies—many of them before the end of the year and apply As the end of the year approaches, with operations in Massachusetts— seamlessly, at least through 2011. Americans face an extraordinary level have been wondering all year if Con- Expiration of many of these provisions has of uncertainty regarding a number of gress is going to reinstate the most already caused job losses, and the uncer- tax issues: the 2001/2003 tax cuts, in- visible public policy that encourages tainty around their extension will lead to further dislocations just as the fragile eco- cluding the tax rates on dividends and new ideas and technologies in this capital gains, the alternative minimum nomic recovery is beginning. We all look for- country. This is an area where our ward to working with you on this issue in tax, the estate tax, and last but not commitment should not be in doubt. the coming weeks. least, the extension of many expiring There are incentives for the produc- Sincerely, tax provisions affecting individuals, tion of domestic alternative energy (Signed by over 1,200 organizations) businesses, nonprofit organizations and sources and energy efficient products f even members of the U.S. Armed such as hybrid vehicles, energy effi- NATIONAL SURVIVORS OF SUICIDE Forces. During this lameduck session, cient appliances, homes, and windows. DAY Congress and the White House have an Without these incentives, many pro- opportunity to work together to de- ducers will not be able to make these Mr. JOHNSON. Mr. President, each velop a package that addresses all of products. In fact, many have already November we set aside a day of healing these. discontinued operations in the absence for those who have lost someone to sui- In my view, we should not be raising of credits which expired at the end of cide. I rise today to again recognize taxes on any business or individual 2009. The deductions for donations of Saturday, November 20 as National during a fragile economic recovery. funds, property, food, and equipment to Survivors of Suicide Day. In 1999, a The private sector—this country’s job charities is also hanging in the balance Senate resolution created this annual creation engine—continues to struggle, of this package. event through the efforts of Senator lacking the required stability and con- There is the deduction for State and HARRY REID who lost his father to sui- fidence needed to expand and hire new local sales taxes. Think about individ- cide. This year, on November 20, over workers. Individuals, in turn, have uals losing the ability to deduct State 270 conferences will take place in the been significantly impacted, further in- and local taxes from their Federal U.S. and around the world to allow sur- hibiting economic growth. Uncertainty taxes. There is the deduction for teach- vivors of suicide the opportunity to is a major factor, and one way to re- er classroom expenses. Teachers spend- connect with others who have experi- duce uncertainty is to lock down our ing their own money for their class- enced the tragedy of suicide loss and to tax policy for the next few years, giv- rooms is more common than we like to allow for healing interactions. ing taxpayers a clear sense of what to think about, and the least we can do is The importance of this day is ampli- expect as we enter 2011. allow them to deduct those expenses fied by the shocking statistics on sui- On the tax extenders, I bring to the from their tax bill. There is the credit cide—suicide is the 11th leading cause Senate’s attention a letter just sent to for employers who continue to pay em- of death in the United States. Nation- Congress today from over 1,200 organi- ployees while on active duty in the wide, approximately 90 lives are lost to zations located around the country. U.S. Armed Forces. This is an impor- suicide each day and over 34,000 die by These are businesses, nonprofit organi- tant support mechanism for our men suicide each year. Suicide is truly an zations, and organizations representing and women in uniform, and we should epidemic that devastates thousands of our men and women in uniform. It ensure that it remains in place. These families in the United States each points out the crucial nature of the ex- are just a few of the tax provisions year. piring provisions, and asks Congress to which have expired or will soon expire. In my State of South Dakota, one extend them before the end of the year. I invite my colleagues to review the suicide occurs every 3 to 4 days and 107 This is a remarkable letter. We often Joint Tax Committee’s list of the ex- lives are lost each year. These statis- hear from the business community piring provisions. It is crucial for Con- tics place South Dakota among a group about the importance of tax extenders gress to act this year to extend as of Western States that consistently has for job creation, but here we have not many of them as possible. a higher rate of suicide than the rest of only the business community speaking Ultimately, I believe we need to re- the country. Suicide is the fourth lead- up, but also affordable housing organi- form our Tax Code to lower tax rates ing cause of death among all South Da- zations, community development orga- and broaden the base. I know Senators kotans and is the second leading cause nizations, and the National Education BAUCUS and GRASSLEY have already of death of South Dakotans between Association and the National Science begun that process with a Finance the ages of 15–34. Suicide among Amer- Teachers Association. The letter is Committee hearing on tax reform ear- ican Indians in South Dakota is of par- signed by the Alliance to Save Energy lier this year, and I salute them for ticular concern—the suicide rate for and numerous renewable energy orga- starting that conversation. We look American Indians ages 15–34 is more nizations. It includes the Association forward to working on such a package than three times higher than the na- of the United States Navy and the Re- of reforms on a bipartisan basis in the tional average and the suicide rate for

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This raises a crucial question: ated in every inspection, these inspec- cide spoke before the Senate Com- exactly what does the United States tions cannot provide conclusive evi- mittee on Indian Affairs: gain from this treaty in exchange for a dence of whether the Russians are com- We need to make sure that our commu- one-sided reduction in our deployed plying with the warhead limit. nities and our people know how to reach out forces? Let’s take an example: say that the for help if they need it and we need to make Defenders of this treaty have argued, United States found a missile that was sure that the help is there when they ask. first, that the treaty places no limits loaded with more warheads than the We must take Ms. Jetty’s words to on America’s plans for missile defense Russians declared. While this would be heart and provide tribes with the re- systems, and second, that our own a faulty and suspicious declaration by sources they need to implement effec- military will have the flexibility to de- Russia, we could not necessarily infer tive suicide prevention programs. It is ploy our strategic forces, such as from it that they had violated the 1,550 critical to strengthen the social fabric bombers, submarines, and missiles, in warhead limit—especially because the to help improve mental health with ef- ways that best meet our security inter- Russians could always make some ex- fective and culturally sensitive preven- ests. cuse for a faulty declaration. tion programs. Unfortunately, these explanations Compounding this verification gap is It is necessary to expand access to simply do not stand up to scrutiny. The the current structure of the treaty’s mental health services nationwide, in- United States does not need a treaty warhead limits which would allow Rus- cluding a focus on education, preven- with Russia, or any other country, to sia to prepare legally to add very large tion and intervention. Furthermore, we be free to pursue the missile defense numbers of warheads to its forces in need to acknowledge the obstacles that system we need to keep America safe. excess of the treaty’s limit. For exam- suicide survivors face during their The United States does not need a trea- ple, the Russians could deploy a missile grieving and encourage the involve- ty to give us the flexibility to deploy with only one warhead, but legally ment of survivors in healing activities our strategic forces as we wish. flight-test it with six warheads to gain and prevention programs. I believe Interestingly, the administration’s confidence in the increased capa- with appropriate support and treat- justifications completely dismiss the bility—a practice they could not em- ment, suicide survivors can lead effec- unilateral statement Russia has made ploy under the original START. The tive advocacy efforts to reduce the in- to this treaty that claims the right to Russians could then store the five extra warheads for each such missile cidence of suicide and find healing withdraw if we expand our missile de- nearby, ready to mate them to the mis- themselves. fenses. This Russian statement is pure sile on a moment’s notice. All of this The loss of so many lives to suicide is and simple manipulation. would be legal. truly a crisis, and it is imperative to At some point down the road, our Na- Further, unlike START, this new provide support for all those left be- tion will need to expand its missile de- treaty places no limit on the number of fenses. Because of this unilateral state- hind. It is my hope that National Sui- nondeployed missiles, so the Russians ment, however, the reaction from some cide Survivors Day will promote the legally could store spare missiles to be in the administration or in Congress broad based support that each survivor mated with the spare warheads. This will be to reject any expansion lest we deserves and increase awareness of the potential for Russia to ‘‘break-out’’ of upset the Russians and cause them to need for greater efforts in addressing the treaty in a short period of time— the root causes of suicide in Indian pull out of this new Treaty. The Rus- perhaps without adequate warning to Country and throughout the Nation. sians surely are counting on this reac- the United States—may undermine the f tion. Yet in all the rhetoric in support very nuclear stability this administra- of this treaty, I have not heard any NEW START TREATY tion claims this treaty provides. reasonable explanation for why we Arguably, it also means that, despite Mr. BOND. Mr. President, I rise would give Russia this lever to use the opportunities to cheat, it may be today to express my strong opposition against our legitimate and necessary even easier for Russia to circumvent to the administration’s New START right to defend ourselves against bal- legally the limits of this treaty. That Treaty. I do so after great deliberation listic missile attack. does not sound to me like a great bar- and after initial disposition to support For several months, we have listened gain for the United States. the treaty because of the generic im- to the administration’s claims that Because the details on verification portance of these types of treaties for New START will make America more and breakout of this treaty are classi- our Nation. But with what I have secure by strengthening nuclear sta- fied, I have prepared a full classified learned from classified intelligence in- bility. In the ‘‘Show Me’’ State, where assessment that is available to any formation, I cannot in good conscience I come from, and I suspect throughout Senator for review. The key points, support this treaty. I have written a the rest of the country, claims like this however, are not classified and I be- classified letter summarizing my views need to be backed up by facts. But if we lieve the Senate and the American pub- that is available to all members in cannot verify that the Russians are lic need to understand them fully. Senate security; I urge them to read it, complying with each of the treaty’s Common sense suggests that the even as I try now with a few unclassi- three central limits, then we have no worse a treaty partner’s arms control fied comments to explain my position. way of knowing whether we are more compliance record with existing and When the administration announced secure or not. past treaties, the stronger verification this new treaty, we were told that its The Select Committee on Intel- must be for any new treaties. So, ex- goal was to reduce strategic nuclear ligence has been looking at this issue actly what is Russia’s record? Accord- forces in a manner that would make closely over the past several months. ing to the official State Department America safer and enhance nuclear sta- As the vice chairman of this com- reports on arms control compliance, bility. That goal may be admirable, but mittee, I have reviewed the key intel- published by this administration and unfortunately, the deal the administra- ligence on our ability to monitor this the previous administration, the Rus- tion has struck with Moscow falls well treaty and heard from our intelligence sians have previously violated, or are short. Consequently, I believe the ad- professionals. There is no doubt in my still violating, important provisions of ministration’s New START Treaty has mind that the United States cannot re- most of the key arms control treaties been oversold and overhyped. liably verify the treaty’s 1,550 limit on to which they have been a party, in- The first thing we must all under- deployed warheads. cluding the original START, the Chem- stand about this treaty is that it forces As an initial hurdle, the ten annual ical Weapons Convention, the Biologi- the United States to reduce unilater- warhead inspections allowed under the cal Weapons Convention, the Conven- ally our forces, such as missiles, bomb- treaty permit us to sample only 2 to 3 tional Forces in Europe Treaty, and

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8053 Open Skies. I recommend that my col- cant, then what is the value of this less and to take a strong stand for leagues review the classified versions treaty in the first place? America’s defense and America’s fu- of these reports before any further Sen- Second, treaty proponents attempt ture. ate action is taken on this treaty. to draw a parallel to the ‘‘Moscow’’ Despite Russia’s poor compliance arms control treaty, signed by Presi- f record, the administration has decided dent Bush and approved 95–0 by the RESTORE ONLINE SHOPPERS’ that we will rely primarily on good Senate. They argue that this treaty CONFIDENCE ACT Russian cooperation to verify New has the same kind of warhead verifica- START’s key 1,550 limit on deployed tion difficulties as New START, there- ∑ Mrs. HUTCHISON. Mr. President, I warheads. This brings to mind the fa- fore critics of New START are applying wish to engage my colleague Senator mous adage: fool me once, shame on a double-standard. This argument fails ROCKEFELLER in a colloquy. There have you; fool me twice, shame on me. on two counts: the first being that the been some questions raised about how One of the persistent Russian arms Moscow arms control treaty was placed S. 3386, the Restore Online Shoppers’ control violations of the original on top of the verification measures al- Confidence Act, affects a company that START was its illegal obstruction of ready in effect for START; and second, sells its business entirely or enters into U.S. on-site inspections of warheads on that the United States had decided uni- a deal with another company to ‘‘step certain types of missiles. The only rea- laterally to move to the limits imposed into the first company’s shoes’’ and son these Russian violations did not in the Moscow treaty, whether or not provide the products or services to con- prevent us from verifying START’s Russia reduced to them. This is simply sumers that were previously provided warhead limits was because START not the case for New START. Clearly, by the first company. I would ask the limited the capability to deploy war- the two treaties are not comparable chairman to explain the intent of the heads through a ‘‘counting rule’’ that from a verification standpoint. legislation. could be verified primarily with our The administration also argues that Mr. ROCKEFELLER. This legislation own intelligence satellites. Unfortu- our ability to monitor Russian forces is not intended to limit a company’s nately, New START has discarded this will be greater with the new treaty ability to provide its customers with a critical counting rule, designed to than without it. As a general propo- seamless transition when a company work hand-in-glove with our satellites, sition, this is true. In actuality, how- sells its assets or arranges to have a in favor of reliance on no more than ever, the extent of the treaty’s moni- new entity provide the products and ten sample inspections a year—again, toring benefits could be insignificant services it previously provided to its just 2 to 3 percent of Russia’s force. or only modest in some important re- customers. The warhead limit in New START is spects. This disparity between general- Mrs. HUTCHISON. I thank the Sen- calculated from the actual number of ization and reality is explained more in ator. Questions have also been raised warheads loaded on a missile, and un- my classified paper. about how this bill would affect an on- like START, this new treaty permits The bottom line is this: if the chief line company that bills its customers any missile to have any number of war- benefit of this treaty is that we will monthly for an ongoing service and de- heads loaded on it. But no satellite can know more about what Russia is doing cides to enter into a deal with another tell us how many warheads are loaded with its nuclear forces, then the same company to provide the backend bill- on missiles. Therefore, if this treaty is benefit could have been achieved with ing and other services to those same ratified, we will have to rely primarily a much more modest confidence-build- customers. What is the intent of the on on-site inspections to verify actual ing protocol, one which would not re- legislation? warhead loadings the very same kind of quire unilateral U.S. force reductions, Mr. ROCKEFELLER. The bill would inspections that the Russians violated give Russia a vote on our missile de- not consider the company providing in START. If the Russians continue fenses, or present impossible verifica- backend billing and other services for their poor compliance record and ob- tion problems. the initial merchant to be a struct our warhead inspections under The administration claims that New posttransaction third party seller. New START, the consequences will be START is indispensible to reap the Therefore, the provisions of the bill much more serious and will substan- ‘‘Reset’’ benefits with Russia. If a fa- governing post-transaction third party tially degrade verification. tally flawed arms control agreement is sellers would not apply. The administration is surely aware of the price of admission to the Reset This legislation is intended to pre- these verification and breakout prob- game, our Nation is better off if we this vent the kind of fraudulent trans- lems as there is no shortage of verifica- one out. actions the Commerce Committee ex- tion gimmicks in this treaty. But not Similarly, any suggestion by treaty posed in its recent investigation— even all of them together permit us to advocates that rejecting the treaty where a consumer intentionally pur- verify reliably the treaty’s warhead weakens the ‘‘good’’ Russian leader, chases products or services from one limit. So how have treaty enthusiasts Medvedev, and strengthens the ‘‘bad’’ company and ends up unknowingly responded to these problems? Russian leader, Putin, should be met purchasing products or services from a First, they discard the military sig- with healthy skepticism. Now is not different, unrelated company. As we nificance of possible Russian cheating. the time to fall for a ‘‘good cop—bad have discussed, this bill is not intended Our own State Department’s verifica- cop’’ act from Moscow. to prevent a company from making a tion assessment states that: In many cases, concerns about par- business deal that would provide con- any Russian cheating under the Treaty ticular treaties can be solved during tinuity of service to its customers by would have little if any effect on the assured the ratification process. I respect my entering into a business arrangement second-strike capabilities of U.S. strategic colleagues who are attempting to do so that gives another company the right forces. In particular, the survivability and with this treaty. Unfortunately, New to deliver products and services inten- response capabilities of [U.S.] strategic sub- START suffers from fundamental flaws tionally purchased by consumers and marines and heavy bombers would be unaf- that no amount of tinkering around to bill for those products and services. fected by even large-scale cheating. the edges can fix. I believe the better Mrs. HUTCHISON. I thank the Sen- This is not exactly a ringing endorse- course for our nation, and for global ator for those clarifications.∑ ment. I think it is pretty clear that a stability, is to put this treaty aside large-scale breakout would have a seis- and replace it with a better one. f mic impact from a geopolitical per- The United States needs, and we in spective. It would escalate tensions be- the Senate should demand, a treaty THEOLOGICAL SCHOOL OF HALKI tween the superpowers and lead to ex- that can be reliably verified by our own Mr. CARDIN. Mr. President, a year treme strategic instability. Even more intelligence assets without relying on ago this month I was privileged to fundamentally, the State Department Russia’s good graces, not one that re- again meet with the Ecumenical Patri- statement raises a pivotal question: If quires unilateral reductions or gives arch, Bartholomew I. His impassioned no level of Russian cheating under New Russia a vote on our strategic defenses. call for support for the reopening of the START is deemed militarily signifi- I urge my colleagues to reject anything Theological School of Halki promoted

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8054 CONGRESSIONAL RECORD — SENATE November 18, 2010 me to introduce S. Res. 356, a bipar- The 1989 OSCE Vienna Concluding League of Tokyo. Waipio rose to the tisan measure calling upon the Govern- Document affirmed the right of reli- occasion and played their hearts out. ment of Turkey to facilitate the re- gious communities to provide ‘‘train- Despite their hard-fought 4–1 loss to opening of the Ecumenical Patriarch- ing of religious personnel in appro- Japan, our young men proved that they ate’s Theological School of Halki with- priate institutions.’’ The Theological are genuine winners, exiting the World out condition or further delay. As we School of Halki served that function Series with their heads held high and approach the 40th anniversary of the for over a century until its forced clo- leaving an undeniable impression of in- forced closure on that unique institu- sure nearly four decades ago. The time spiration and sportsmanship. tion by the Turkish authorities, I has come to allow the reopening of this With great pride, superior confidence, renew my call for the Government of unique institution without further motivation and spirit, our team showed Turkey to allow the seminary to re- delay. the Nation and the world what it takes open. f to be a champion. They are: Kahoea Founded in 1844, the Theological Akau, Shiloh Baniaga, Kaimana School of Halki, located outside mod- TRIBUTE TO KEN FLANZ Bartolome, Matthew Campos, Ty DeSa, ern-day Istanbul, served as the prin- Mr. CRAPO. Mr. President, I rise Ezra Heleski, Dane Kaneshiro, Tyler cipal seminary of the Ecumenical Pa- today to recognize a longtime member Kushima, Cody Maltezo, Justice triarchate until its forcible closure by of my staff who recently became a Sen- Nakagawa, Keolu Ramos, Noah Shack- the Turkish authorities in 1971. Count- ior Stennis Congressional Fellow. les, Brysen Yoshii, Manager Brian ed among alumni of this preeminent Ken Flanz has been a central member Yoshii, and Coaches Kina Akau and educational institution are numerous of my staff since 1997, currently serving Jason Heleski. prominent Orthodox scholars, as my legislative director. In addition Although I am proud of their theologians, priests, and bishops as to advancing my legislative agenda and achievement, I am most proud of the well as patriarchs, including Bar- guiding my staff, Ken’s responsibilities sportsmanlike conduct and warm aloha tholomew I. Many of these scholars and include foreign affairs, intelligence, that these players brought to both the theologians have served as faculty at Native Americans, appropriations, con- national and international stage. I other institutions serving Orthodox gressional and campaign reform, and commend the coaches, parents and communities around the world. human rights issues. Throughout his families of these players, as well as Past indications by the Turkish au- years of dedicated service, Ken has their friends for the sacrifices made in thorities of pending action to reopen been a valued resource to many in the support of these individuals. I thank the seminary have, regrettably, failed Senate and has contributed helpful in- them for their dedication to the to materialize. Turkey’s Prime Min- sight. His thoughtful approach, pa- dreams of these young players, and ap- ister Recep Tayyip Erdog˘ an met with tience, and knowledge have been in- plaud their hard work. I wish the play- the Ecumenical Patriarch in August strumental to the Senate community. ers all the best in their future endeav- 2009. In an address to a wider gathering Ken’s achievements through the ors and thank them again for being ex- of minority religious leaders that day, Stennis Congressional Fellows Pro- ceptional representatives of the State Erdog˘ an concluded by stating, ‘‘We gram will serve him well and be bene- of Hawaii and our Nation.∑ should not be of those who gather, talk ficial to my office and the Senate. The f and disperse. A result should come out Stennis Program seeks to enhance sen- of this.’’ I could not agree more with ior congressional staff members’ lead- TRIBUTE TO DR. PING-TUNG the sentiment. But resolution of this ership skills and communications abili- CHANG longstanding matter requires resolve, ties for those committed to public ∑ Mr. BEGICH. Mr. President, today I not rhetoric. service. Senior fellows advance con- congratulate Dr. Ping-Tung Chang, the In a positive development this Au- gressional staff development and serve recipient of the U.S. Outstanding Com- gust, the authorities in Ankara, for the as significant resources for Members of munity Colleges Professor of the Year first time since 1922, permitted a litur- Congress, fellow staff, and the public. Award. This award is recognized as one gical celebration to take place at the The program’s emphasis on non- of the most prestigious honors be- historic Sumela Monastery. The Ecu- partisanship and the long-term effec- stowed upon a professor, and this is the menical Patriarch presided at the serv- tiveness of Congress provides for an es- second time Professor Chang has won a ice, attended by pilgrims and religious sential discourse. Professor of the Year award. leaders from several countries, includ- I have great appreciation for Ken’s To be nominated for this award re- ing Greece and Russia. Earlier this experience and circumspection. He has quires dedication to the art of edu- month, a Turkish court ordered the served as a trusted adviser and has cation and excellence in every aspect Buyukada orphanage to be returned to been a great asset to me and my staff. of the profession. Professor Chang Ecumenical Patriarchate. If the trans- I commend Ken for this distinguished should be proud of this accomplish- fer of the property occurs, this would achievement. ment as he has been personally vested be another welcome development, po- f in each student and has helped shape tentially paving the way for the return the leaders of tomorrow. of scores of other church properties ADDITIONAL STATEMENTS In his 24 years at Matanuska-Susitna seized by the government. In 2005, the College, Professor Chang has taught Helsinki Commission, which I chair, mathematics to nearly 6,000 students HAWAII’S 2010 LITTLE LEAGUE U.S. convened a briefing, ‘‘The Greek Ortho- and has successfully established a CHAMPIONS dox Church in Turkey: A Victim of scholarship fund for students. Pro- Systematic Expropriation.’’ The Com- ∑ Mr. AKAKA. Mr. President, I honor fessor Chang has used innovative meth- mission has consistently raised the and congratulate the Little League ods to get students excited about issue of the Theological School for well team from Waipio, HI, our 2010 Little mathematics and problem solving. I over a decade and will continue to League U.S. Champions. commend him for his leadership and closely monitor related developments. On Saturday, August 28, Waipio de- passion for educating. Yesterday’s release of the 2010 Report feated the team from Pearland, TX, to Professor Chang, I wish you the very on International Religious Freedom is win the U.S. Championship title game. best in all your endeavors. Congratula- a reminder of the challenges faced by It was a resounding victory for Hawaii, tions and best regards.∑ Orthodox and other minority religious who won in five innings via mercy-rule f communities in Turkey. I urge the with a final score of 10–0, advancing to Turkish Prime Minister to ensure re- the final game of the World Series REMEMBERING ANNA ELLA spect for the rights of individuals from Championship against Japan. CARROLL these groups to freely profess and prac- Our U.S. Champions performed with ∑ Ms. MIKULSKI. Mr. President, as tice their religion or beliefs, in keeping the highest level of athleticism as they dean of the Senate Women, I rise on with Turkey’s obligations as an OSCE played the International Champions this day to bring attention to the life participating state. from the Edogawa Minami Little and work of fellow Marylander Anna

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8055 Ella Carroll, 1815–1893. Our recognition TRIBUTE TO RON HAYES wife, to make a difference that will of her achievements is long overdue. ∑ Mr. SESSIONS. Mr. President, I am positively impact the lives of millions. Anna Ellen Carroll was born in Som- honored to bring to the attention of Ron Hayes has shown us that a lone erset County, the daughter of Mary- the Senate the work of a remarkable voice for good cannot only be heard but ∑ land Governor Thomas King Carroll. American and constituent of mine, Mr. it can change society for the better. She was one of President Abraham Lin- Ron Hayes, of Fairhope, AL. f As blessed as we are to be living in coln’s closest advisers and a senior RECOGNIZING TILSON America, we would do well to remem- strategist during the Civil War. And TECHONOLOGY MANAGEMENT though she is nearly absent from his- ber that our society continues to be en- ∑ Ms. SNOWE. Mr. President, it is es- tory books, Anna was one of the most hanced through the noble efforts of sential that today’s small businesses be influential American women of the those who tirelessly and passionately flexible and responsive when it comes 19th century. pursue a better quality of life for us all. These often unsung heroes seek to changing demands and conditions if Anna believed in justice and fairness. only the reward of knowing they have they wish to be successful and truly She was a free thinker and an aboli- transformed our laws and our land for distinguish themselves. My home State tionist. In 1853, she freed the slaves she the better. of Maine boasts a number of these inherited from her father’s estate and Today I wish to honor one such indi- highly innovative companies, which persuaded her abolitionist friends to vidual who has spent nearly two dec- are poised to lead our economic recov- accompany the newly freed men and ades advocating for strengthened work- ery in the coming years. I rise today to women to Canada, ensuring they would place safety regulations and timely recognize one of these firms, Tilson remain free. communication between the govern- Technology Management, a small inde- Anna’s belief in freedom and human- ment and accident victims and their pendent information technology ity led her to campaign passionately on families. His efforts have made a dif- project management company based in behalf of the abolitionist movement. In ference. Portland, which is helping businesses fact, many believe that Anna’s hard Ron Hayes began his journey to im- grow through the creative and com- work and strong voice helped motivate prove workplace safety in 1993 when he prehensive training it offers its cus- President Lincoln to end slavery in lost his beloved 19-year-old son, Pat- tomers. America. rick, to a grain silo accident in Flor- Mike Dow founded Tilson Technology ida. Facing tremendous emotional Management in 1996 with the goal of Anna formally joined the ranks of pain, Ron and his wife Dot sought de- improving the day-to-day operations of President Lincoln’s top advisers in tails of their son’s death as well as sur- construction companies through the 1861, after writing a political pamphlet vivor’s benefits from local, State and unique technology consulting training that impressed the President so much Federal agencies, only to be met with it offers to its clients. Tilson quickly that he requested an interview with its delays and few answers. After 2 years met this goal and, adjusting to the author. of navigating the bureaucracy, they re- needs of a variety of other industries, After the meeting, President Lincoln solved to learn everything they could set its sights on providing technology sent Anna on a reconnaissance mission about workplace safety standards and solutions to businesses on a broader, to the secessionist South. When she ar- sought ways to improve both job safety global scale. As such, Tilson expanded rived, Anna immediately knew the pro- rules and enforcement. its expertise, offering its critical tech- posed Union strategy of sending troops Ron Hayes’ dedication resulted in the nology services to a wider range of down the Mississippi would fail. She revision of the Occupational Safety and markets, including the biotechnology, recommended an alternative—send Health Administration’s, OSHA, grain banking, and manufacturing indus- troops to divide the South by using the handling standards. But this was only tries. All the while, Tilson has main- Tennessee and Cumberland rivers. The the beginning. Ron and his wife found- tained its reputation as a leading ex- President listened, and ultimately, ed the Families In Grief Hold Together ample of solid and principled business Anna’s strategy helped the Union win ‘‘FIGHT’’ Project, a nonprofit group management. the war. devoted to assisting families and work- At its core, Tilson is a company of ers cope with the consequences of Anna served as a consultant to Lin- solutions, helping businesses meet workplace accidents and deaths. their customers’ needs while also help- coln’s War Department and, after his Some 10,000 people lose their lives assassination in 1865, as an advisor to ing to improve Maine’s high-tech infra- while working each year. Ron Hayes structure. As a result of the company’s President Ulysses S. Grant. She also worked with OSHA to create a policy was a recognized political essayist, an hard work and determined success, which the agency often uses in commu- Tilson was recognized this year with avid writer, and an influential member nicating with family members after a the Governor’s Award for Technology of the Maryland and Washington polit- workplace accident. Company of the Year. This honor is be- ical circles before and after her role in Since its founding, the FIGHT wartime politics. Project has reached out to nearly 800 stowed annually on a business that takes great pains to ensure that Maine During her life, Anna was recognized families, providing valuable help in the grieving process, negotiating the red is a cutting-edge technology State. by her contemporaries as a top adviser The company’s work to find solutions tape and ultimately in healing. to President Lincoln. In the 1864 paint- to everyday technology problems is ing of Lincoln and his Cabinet by Ron Hayes could have stopped there, but his dedication to improving worker never-ending. In Maine, this includes Francis B. Carpenter, a chair sits constructing 1,100 miles of fiber optic empty. It is surrounded by maps and safety has motivated him to speak to almost 50,000 workers and taken him to cable that will expand the reach of notes similar to those carried by Anna broadband and the countless opportuni- during her time advising Lincoln, im- some of the largest companies in the world. He has testified before Congress ties that will come as a result. I look plying her place at the table. Still, de- forward to the completion of this spite multiple petitions, she was never on numerous occasions and has served as a special adviser to the Senate project and the doors it will open for formally acknowledged for her con- the citizens of Maine and local indus- tributions. Health, Education, Labor, and Pen- sions Committee. tries seeking a wider, global reach. At Anna Ella Carroll was a woman who In the process, Ron Hayes has re- the same time, Tilson is helping to im- had a profound impact on the trajec- ceived many awards for humanitarian prove the lives of Americans abroad. tory of our country’s reunification, efforts. The company is taking on the crucial helping make decisions at a crossroads I commend Ron Hayes’ selfless dedi- task of developing ways to furnish U.S. that were critical to America’s sur- cation to worker safety while providing troops with the food and supplies they vival. I am proud to count her among comfort and valuable counsel to fami- need while serving our country in Iraq the ranks of Maryland’s most influen- lies. and Afghanistan. tial women. It is time we give her a In our society it is possible for one A member of such organizations as proper place in our history books.∑ person, or in this case a husband and the Portland Regional Chamber of

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8056 CONGRESSIONAL RECORD — SENATE November 18, 2010 Commerce, the Maine International National Adoption Day this year is ligence Authorization Act for Fiscal Trade Center, and Maine’s Software November 20, 2010, and I can think of Year 2003 (Public Law 107–306) as and Information Technology Industry no better family to serve as a role amended by section 701(a)(3) of the In- Association, Tilson has been a driving model for others who seek to adopt telligence Authorization Act for Fiscal force in the vitality of Maine’s business than Michael and Emily Beck, my Year 2010 (Public Law 111–259), and the community. On a daily basis, this im- nominees for the 2010 Angels in Adop- other of the House of January 6, 2009, pressive company makes the lives of tion Award.∑ the Speaker appointed the following the people of my home State easier by f member on the part of the House of helping businesses better serve their Representatives to the National Com- MESSAGES FROM THE PRESIDENT customers. There are no bounds to mission for the Review of the Research what the future holds for Tilson and its Messages from the President of the and Development Programs of the remarkable innovations that are help- United States were communicated to United States Intelligence Community: ing Maine become a more competitive the Senate by Mr. Williams, one of his Mr. Maurice Sonnenberg of New York, and global State. I thank Mike Dow secretaries. NY. and everyone at Tilson Technology f At 12:28 p.m., a message from the Management for making their com- EXECUTIVE MESSAGES REFERRED pany an outstanding example of a suc- House of Representatives, delivered by cessful business, and I offer them best As in executive session the Presiding Mrs. Cole, one of its reading clerks, an- wishes for continued growth.∑ Officer laid before the Senate messages nounced that the House has passed the from the President of the United following bills, in which it requests the f States submitting sundry nominations concurrence of the Senate: TRIBUTE TO MICHAEL AND EMILY which were referred to the appropriate H.R. 5367. An act to amend title 11, District BECK committees. of Columbia Official Code, to revise certain ∑ Mr. THUNE. Mr. President, today I (The nominations received today are administrative authorities of the District of recognize Michael and Emily Beck of printed at the end of the Senate pro- Columbia courts, to authorize the District of Keystone, SD, as my nominees for the ceedings.) Columbia Public Defender Service to provide professional liability insurance for officers 2010 Angels in Adoption Award. Since f and employees of the Service for claims re- 1999, the Angels in Adoption program MESSAGES FROM THE HOUSE lating to services furnished within the scope through the Congressional Coalition on of employment with the service, and for Adoption Institute has honored more At 9:36 a.m., a message from the other purposes. than 1,600 individuals, couples, and or- House of Representatives, delivered by H.R. 5655. An act to designate the Little ganizations nationwide for their work Mr. Novotny, one of its reading clerks, River Branch facility of the United States in providing children with loving, sta- announced that the House has passed Postal Service located at 140 NE 84th Street ble homes. the following bills, in which it requests in Miami, Florida, as the ‘‘Jesse J. McCrary, the concurrence of the Senate: Jr. Post Office’’. Michael and Emily Beck were high H.R. 5702. An act to amend the District of H.R. 6397. An act to amend section school sweethearts, and decided early Columbia Home Rule Act to reduce the wait- 101(a)(35) of the Immigration and Nationality in their relationship that they would ing period for holding special elections to fill Act to provide for a marriage for which the eventually start a family through vacancies in local offices in the District of parties are not physically in the presence of Columbia. adoption. The Becks have done exactly each other due to service abroad in the H.R. 6237. An act to designate the facility that through the adoption of four chil- Armed Forces of the United States. of the United States Postal Service located dren. Tehya, 6, was adopted when she The message also announced that the was just a baby, and this year the Beck at 1351 2nd Street in Napa, California, as the House has passed the following bill, ‘‘Tom Kongsgaard Post Office Building’’. family grew by three more. In July, without amendment: H.R. 6278. An act to amend the National Michael and Emily finalized the adop- Children’s Island Act of 1995 to expand allow- tion of their foster children, John, 7, S. 1376. An act to restore immunization and sibling age exemptions for children able uses for Kingman and Heritage Islands and his sisters, Emily, 5, and Shyanne, adopted by United States citizens under the by the District of Columbia, and for other 4. Michael and Emily worked diligently Hague Convention on Intercountry Adoption purposes. to reunite John, Emily, and Shyanne to allow their admission into the United H.R. 6387. An act to designate the facility who had been separated in the foster States. of the United States Postal Service located at 337 West Clark Street in Eureka, Cali- system. The message further announced that fornia, as the ‘‘Sam Sacco Post Office Build- I admire the Beck’s desire to promote the House has agreed to the following ing’’. foster care and advocate adoption as a concurrent resolution, in which it re- H.R. 6399. An act to improve certain ad- way of life. A significant driving force quests the concurrence of the Senate: ministrative operations of the Office of the behind their philosophy on adoption is H. Con. Res. 328. Concurrent resolution ex- Architect of the Capitol, and for other pur- their belief in the call God has placed pressing the sense of the Congress regarding poses. upon His family to care for those who the successful and substantial contributions The message further announced that have no family to care for them. The of the amendments to the patent and trade- the House has passed the following bill Beck’s goal is to provide permanency— mark laws that were initially enacted in 1980 and joint resolution, without amend- a stable home and loving family—for by Public Law 96–517 (commonly referred to ment: children who can often spend their en- as the ‘‘Bayh-Dole Act’’) on the occasion of the 30th anniversary of its enactment. S. 3567. An act to designate the facility of tire childhood in the foster care sys- the United States Postal Service located at tem. The message also announced that the 100 Broadway in Lynbrook, New York, as the The Becks also exemplify selfless House has passed the following bill ‘‘Navy Corpsman Jeffry L. Wiener Post Of- service to our Nation. Michael and with amendments, in which it requests fice Building’’. Emily both serve our country through the concurrence of the Senate: S.J. Res. 40. Joint resolution appointing the Army National Guard, and Michael S. 3689. An act to clarify, improve, and cor- the day for the convening of the first session of the One Hundred Twelfth Congress. has orders to deploy to the Middle East rect the laws relating to copyrights. in 2011. The message further announced that At 6:57 p.m., a message from the As a father myself, I can speak to the the House has agreed to the amend- House of Representatives, delivered by sacrifices that parents willingly make ment of the Senate to the bill (H.R. Mrs. Cole, one of its reading clerks, an- for the well-being of their children. It 5566) to amend title 18, United States nounced that the House has agreed to is apparent through their stories that Code, to prohibit interstate commerce the following concurrent resolution, in Michael and Emily make significant in animal crush videos, and for other which it requests the concurrence of sacrifices to provide for their children purposes, with an amendment, in which the Senate: and find joy in the small accomplish- it requests the concurrence of the Sen- H. Con. Res. 332. Concurrent resolution ments of parenting. Michael and Emily ate. providing for a conditional adjournment of are committed to providing a prom- The message also announced that the House of Representatives and a condi- ising and loving future for their family. pursuant to Section 1002 of the Intel- tional recess or adjournment of the Senate.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8057 The message also announced that the Program’’ (RIN0524–AA64) received in the Of- November 7, 2010; to the Committee on Bank- House having proceeded to reconsider fice of the President of the Senate on No- ing, Housing, and Urban Affairs. the bill (H.R. 3808) to require any Fed- vember 16, 2010; to the Committee on Agri- EC–7918. A communication from the Assist- culture, Nutrition, and Forestry. ant to the Board of Governors of the Federal eral or State court to recognize any no- EC–7908. A communication from the Direc- Reserve System, transmitting, pursuant to tarization made by a notary public li- tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘12 CFR censed by a State other than the State Office of Policy, Economics, and Innovation, Part 226 Regulation Z—Truth in Lending’’ where the court is located when such Environmental Protection Agency, transmit- (Docket No. R–1384) received during adjourn- notarization occurs in or affects inter- ting, pursuant to law, the report of a rule en- ment of the Senate in the Office of the Presi- state commerce, returned by the Presi- titled ‘‘Isoxaben; Pesticide Tolerances’’ dent of the Senate on November 7, 2010; to dent of the United States with his ob- (FRL No. 8845–6) received in the Office of the the Committee on Banking, Housing, and jections, to the House of Representa- President of the Senate on November 10, Urban Affairs. 2010; to the Committee on Agriculture, Nu- EC–7919. A communication from the Assist- tives, in which it originated, it was re- trition, and Forestry. ant General Counsel for Legislation, Regula- solved, that the said bill do not pass, EC–7909. A communication from the Under tion and Energy Efficiency, Department of two-thirds of the House of Representa- Secretary of Defense (Personnel and Readi- Energy, transmitting, pursuant to law, the tives not agreeing to pass the same. ness), transmitting a report on the approved report of a rule entitled ‘‘Acquisition Regu- retirement of Rear Admiral Robert B. lation: Socioeconomic Programs’’ (RIN1991– f Murrett, United States Navy, and his ad- AB87) received in the Office of the President MEASURES REFERRED vancement to the grade of vice admiral on of the Senate on November 16, 2010; to the the retired list; to the Committee on Armed Committee on Energy and Natural Re- The following bill was read the first Services. sources. and the second times by unanimous EC–7910. A communication from the Sec- EC–7920. A communication from the Assist- consent, and referred as indicated: retary of the Navy, transmitting, pursuant ant General Counsel for Legislation, Regula- H.R. 5758. An act to designate the facility to law, a report relative to competitive pro- tion and Energy Efficiency, Department of of the United States Postal Service located cedures and the authorization of awarding a Energy, transmitting, pursuant to law, the at 2 Government Center in Fall River, Mas- contract for short-term dry-docking depot report of a rule entitled ‘‘Acquisition Regu- sachusetts, as the ‘‘Sergeant Robert Barrett level repair and maintenance availabilities lation: Agency Supplementary Regulations’’ Post Office Building’’; to the Committee on of FFG/DDG ships homeported in the Puget (RIN1991–AB91) received in the Office of the Homeland Security and Governmental Af- Sound area of Washington from FY 2011 President of the Senate on November 10, fairs. through FY 2015 to Todd Pacific Shipyard; to 2010; to the Committee on Energy and Nat- the Committee on Armed Services. ural Resources. The following concurrent resolutions EC–7911. A communication from the Presi- EC–7921. A communication from the Dep- were read, and referred as indicated: dent of the United States, transmitting, pur- uty Assistant Administrator for Regulatory H. Con. Res. 259. Concurrent resolution rec- suant to law, a report on the continuation of Programs, National Marine Fisheries Serv- ognizing the 500th anniversary of the birth of the national emergency with respect to Iran ice, Department of Commerce, transmitting, Italian architect Andrea Palladio; to the that was originally declared in Executive pursuant to law, the report of a rule entitled Committee on the Judiciary. Order 12170 on November 14, 1979; to the Com- ‘‘Endangered and Threatened Wildlife and H. Con. Res. 329. Concurrent resolution rec- mittee on Banking, Housing, and Urban Af- Plants; Threatened Status for the Southern ognizing the 35th anniversary of the enact- fairs. District Population Segment of the Spotted ment of the Education for All Handicapped EC–7912. A communication from the Dep- Seal’’ (RIN0648–XR74) received during ad- Children Act of 1975; to the Committee on uty Secretary of the Treasury, transmitting, journment of the Senate in the Office of the Health, Education, Labor, and Pensions. pursuant to law, a six-month periodic report President of the Senate on November 7, 2010; on the national emergency with respect to to the Committee on Environment and Pub- f Syria that was declared in Executive Order lic Works. MEASURES PLACED ON THE 13338 of May 11, 2004; to the Committee on EC–7922. A communication from the Direc- CALENDAR Banking, Housing, and Urban Affairs. tor of the Regulatory Management Division, EC–7913. A communication from the Chair- Office of Policy, Economics, and Innovation, The following bills were read the sec- man and President of the Export-Import Environmental Protection Agency, transmit- ond time, and placed on the calendar: Bank, transmitting, pursuant to law, a re- ting, pursuant to law, the report of a rule en- S. 3962. A bill to authorize the cancellation port relative to transactions involving U.S. titled ‘‘Approval and Promulgation of Air of removal and adjustment of status of cer- exports to Switzerland; to the Committee on Quality Implementation Plans; New York, tain alien students who are long-term United Banking, Housing, and Urban Affairs. New Jersey, and Connecticut; Determination States residents and who entered the United EC–7914. A communication from the Chair- of Attainment of the 1997 Fine Particle States as children and for other purposes. man and President of the Export-Import Standard’’ (FRL No. 9225–6) received in the S. 3963. A bill to authorize the cancellation Bank, transmitting, pursuant to law, a re- Office of the President of the Senate on No- of removal and adjustment of status of cer- port relative to transactions involving U.S. vember 10, 2010; to the Committee on Envi- tain alien students who are long-term United exports to the Republic of Colombia; to the ronment and Public Works. EC–7923. A communication from the Direc- States residents and who entered the United Committee on Banking, Housing, and Urban tor of the Regulatory Management Division, States as children and for other purposes. Affairs. EC–7915. A communication from the Assist- Office of Policy, Economics, and Innovation, f ant to the Board of Governors of the Federal Environmental Protection Agency, transmit- Reserve System, transmitting, pursuant to ting, pursuant to law, the report of a rule en- MEASURES READ THE FIRST TIME law, the report of a rule entitled ‘‘Mortgage titled ‘‘Approval and Promulgation of Imple- The following bill was read the first Loan Transfer Disclosures’’ (Docket No. R– mentation Plans; Texas; Excess Emissions time: 1378) received during adjournment of the During Startup, Shutdown, Maintenance, Senate in the Office of the President of the and Malfunction Activities’’ (FRL No. 9223–2) S. 3975. A bill to permanently extend the Senate on November 7, 2010; to the Com- received in the Office of the President of the 2001 and 2003 tax relief provisions, and to per- mittee on Banking, Housing, and Urban Af- Senate on November 10, 2010; to the Com- manently repeal the estate tax, and to pro- fairs. mittee on Environment and Public Works. vide permanent alternative minimum tax re- EC–7916. A communication from the Assist- EC–7924. A communication from the Direc- lief, and for other purposes. ant to the Board of Governors of the Federal tor of the Regulatory Management Division, f Reserve System, transmitting, pursuant to Office of Policy, Economics, and Innovation, law, the report of a rule entitled ‘‘Electronic Environmental Protection Agency, transmit- EXECUTIVE AND OTHER Fund Transfers; Interim Rule’’ (Docket No. ting, pursuant to law, the report of a rule en- COMMUNICATIONS R–1377) received during adjournment of the titled ‘‘Approval and Promulgation of Imple- The following communications were Senate in the Office of the President of the mentation Plans; Texas; Emissions Banking laid before the Senate, together with Senate on November 7, 2010; to the Com- and Trading of Allowances Program’’ (FRL mittee on Banking, Housing, and Urban Af- accompanying papers, reports, and doc- No. 9226–3) received in the Office of the Presi- fairs. dent of the Senate on November 10, 2010; to uments, and were referred as indicated: EC–7917. A communication from the Assist- the Committee on Environment and Public EC–7907. A communication from the Direc- ant to the Board of Governors of the Federal Works. tor, National Institute of Food and Agri- Reserve System, transmitting, pursuant to EC–7925. A communication from the Direc- culture, Department of Agriculture, trans- law, the report of a rule entitled ‘‘Regulation tor of the Regulatory Management Division, mitting, pursuant to law, the report of a rule Z (Truth in Lending) Interim Rule; Request Office of Policy, Economics, and Innovation, entitled ‘‘Competitive and Noncompetitive for Public Comment’’ (Docket No. R–1366) re- Environmental Protection Agency, transmit- Nonformula Federal Assistance Programs— ceived during adjournment of the Senate in ting, pursuant to law, the report of a rule en- Administrative Provisions for the Sun Grant the Office of the President of the Senate on titled ‘‘Mandatory Reporting of Greenhouse

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8058 CONGRESSIONAL RECORD — SENATE November 18, 2010 Gases: Petroleum and Natural Gas Systems’’ titled ‘‘Employee Responsibilities and Con- 2010–0576)) received in the Office of the Presi- (FRL No. 9226–1) received in the Office of the duct; Enforcement of Nondiscrimination in dent of the Senate on October 19, 2010; to the President of the Senate on November 10, Programs or Activities; Filing Procedures’’ Committee on Commerce, Science, and 2010; to the Committee on Environment and (5 CFR Parts 2415, 2416, 2424, and 2429) re- Transportation. Public Works. ceived during adjournment of the Senate in EC–7944. A communication from the Attor- EC–7926. A communication from the Chief the Office of the President of the Senate on ney Advisor, U.S. Coast Guard, Department of the Publications and Regulations Branch, November 7, 2010; to the Committee on of Homeland Security, transmitting, pursu- Internal Revenue Service, Department of the Homeland Security and Governmental Af- ant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the fairs. ‘‘Safety Zone; Fireworks Displays, Potomac report of a rule entitled ‘‘Capitalization v. EC–7936. A communication from the Archi- River, National Harbor, MD’’ ((RIN1625– Repairs Audit Techniques Guide’’ (LBandI4– vist of the United States, National Archives AA00) (Docket No. USCG–2010–0776)) received 0910–023) received in the Office of the Presi- and Records Administration, transmitting, in the Office of the President of the Senate dent of the Senate on November 16, 2010; to pursuant to law, a report relative to the Ad- on October 19, 2010; to the Committee on the Committee on Finance. ministration’s Fiscal Year 2010 Commercial Commerce, Science, and Transportation. EC–7927. A communication from the Chief Activities Inventory and Inherently Govern- EC–7945. A communication from the Attor- of the Publications and Regulations Branch, mental Inventory; to the Committee on ney Advisor, U.S. Coast Guard, Department Internal Revenue Service, Department of the Homeland Security and Governmental Af- of Homeland Security, transmitting, pursu- Treasury, transmitting, pursuant to law, the fairs. ant to law, the report of a rule entitled report of a rule entitled ‘‘Update of Weighted EC–7937. A communication from the Coun- ‘‘Safety Zone; Mississippi River, Mile 427.3 to Average Interest Rates, Yield Curves, and sel for Regulatory and External Affairs, Fed- 427.5’’ ((RIN1625–AA00)(Docket No. USCG– Segment Rates’’ (Notice No. 2010–76) received eral Labor Relations Authority, transmit- 2010–0703)) received in the Office of the Presi- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- dent of the Senate on October 19, 2010; to the on November 16, 2010; to the Committee on titled ‘‘Enforcement of Nondiscrimination Committee on Commerce, Science, and Finance. on the Basis of Disability in Programs or Ac- Transportation. EC–7928. A communication from the Chief tivities Conducted by the Federal Labor Re- EC–7946. A communication from the Attor- of the Publications and Regulations Branch, lations Authority; Correction’’ (5 CFR Part ney Advisor, U.S. Coast Guard, Department Internal Revenue Service, Department of the 2416) received during adjournment of the of Homeland Security, transmitting, pursu- Treasury, transmitting, pursuant to law, the Senate in the Office of the President of the ant to law, the report of a rule entitled report of a rule entitled ‘‘VERITAS Software Senate on November 7, 2010; to the Com- ‘‘Safety Zone; Red Bull Flugtag, Delaware Corp. v. Commissioner, 133 T.C. No. 14’’ (AOD mittee on Homeland Security and Govern- River, Camden, NJ’’ ((RIN1625–AA00)(Docket 2010–49) received in the Office of the Presi- mental Affairs. No. USCG–2010–0728)) received in the Office of dent of the Senate on November 10, 2010; to EC–7938. A communication from the Coun- the President of the Senate on October 19, the Committee on Finance. sel for Regulatory and External Affairs, Fed- 2010; to the Committee on Commerce, EC–7929. A communication from the Regu- eral Labor Relations Authority, transmit- Science, and Transportation. lations Coordinator, Centers for Medicare ting, pursuant to law, the report of a rule en- EC–7947. A communication from the Attor- and Medicaid Services, Department of titled ‘‘Unfair Labor Practice Proceedings’’ ney Advisor, U.S. Coast Guard, Department Health and Human Services, transmitting, (5 CFR Part 2423) received during adjourn- of Homeland Security, transmitting, pursu- pursuant to law, the report of a rule entitled ment of the Senate in the Office of the Presi- ant to law, the report of a rule entitled ‘‘Medicare Program; Withdrawal of Deter- dent of the Senate on November 7, 2010; to ‘‘Safety Zone; Olympia Harbor Days Tug mination of Average Manufacturer Price, the Committee on Homeland Security and Boat Races, Budd Inlet, WA’’ ((RIN1625– Multiple Source Drug Definition, and Upper Governmental Affairs. AA00)(Docket No. USCG–2010–0799)) received Limits for Multiple Source Drugs (CMS–2238– EC–7939. A communication from the Coun- in the Office of the President of the Senate F2)’’ (RIN0938–AP67) received in the Office of sel for Regulatory and External Affairs, Fed- on October 19, 2010; to the Committee on the President of the Senate on November 16, eral Labor Relations Authority, transmit- Commerce, Science, and Transportation. 2010; to the Committee on Finance. ting, pursuant to law, the report of a rule en- EC–7948. A communication from the Attor- EC–7930. A communication from the Ad- titled ‘‘Review of Arbitration Awards; Mis- ney Advisor, U.S. Coast Guard, Department ministrator of the Environmental Protection cellaneous and General Requirements’’ (5 of Homeland Security, transmitting, pursu- Agency, transmitting, pursuant to law, the CFR Parts 2425 and 2429) received during ad- ant to law, the report of a rule entitled Semi-Annual Report of the Inspector Gen- journment of the Senate in the Office of the ‘‘Safety Zone; Potomac River, St. Mary’s eral for the period from April 1, 2010 through President of the Senate on November 7, 2010; River, St. Inigoes, MD’’ ((RIN1625– September 30, 2010 and the Inspector Gen- to the Committee on Homeland Security and AA00)(Docket No. USCG–2010–0719)) received eral’s Compendium of Unimplemented Rec- Governmental Affairs. in the Office of the President of the Senate ommendations; to the Committee on Home- EC–7940. A communication from the Coun- on October 19, 2010; to the Committee on land Security and Governmental Affairs. sel for Regulatory and External Affairs, Fed- Commerce, Science, and Transportation. EC–7931. A communication from the Chair- eral Labor Relations Authority, transmit- EC–7949. A communication from the Attor- man and President of the Export-Import ting, pursuant to law, the report of a rule en- ney Advisor, U.S. Coast Guard, Department Bank, transmitting, pursuant to law, the titled ‘‘Availability of Official Information’’ of Homeland Security, transmitting, pursu- Semi-Annual Report of the Inspector Gen- (5 CFR Part 2411) received during adjourn- ant to law, the report of a rule entitled eral for the period from April 1, 2010 through ment of the Senate in the Office of the Presi- ‘‘Safety Zone; San Diego Harbor Shark Fest September 30, 2010; to the Committee on dent of the Senate on November 7, 2010; to Swim; San Diego Bay, San Diego, CA’’ Homeland Security and Governmental Af- the Committee on Homeland Security and ((RIN1625–AA00)(Docket No. USCG–2010– fairs. Governmental Affairs. 0462)) received in the Office of the President EC–7932. A communication from the Direc- EC–7941. A communication from the Senior of the Senate on October 19, 2010; to the Com- tor, Congressional Affairs, Federal Election Procurement Executive, Office of Govern- mittee on Commerce, Science, and Transpor- Commission, transmitting, pursuant to law, mentwide Policy, General Services Adminis- tation. a report entitled ‘‘Federal Election Commis- tration, transmitting, pursuant to law, the EC–7950. A communication from the Attor- sion 2010 Performance and Accountability report of a rule entitled ‘‘Federal Travel ney Advisor, U.S. Coast Guard, Department Report’’; to the Committee on Homeland Se- Regulation (FTR); Terms and Definitions for of Homeland Security, transmitting, pursu- curity and Governmental Affairs. ‘Dependent’, ‘Domestic Partner’, ‘Domestic ant to law, the report of a rule entitled EC–7933. A communication from the Dis- Partnership’, and ‘Immediate Family’ ’’ ‘‘Safety Zone; Ocean City Beachfront Air trict of Columbia Auditor, transmitting, pur- (RIN3090–AJ06) received during adjournment Show, Ocean City, NJ’’ ((RIN1625– suant to law, a report entitled, ‘‘Public-Pri- of the Senate in the Office of the President AA00)(Docket No. USCG–2010–0817)) received vate Development Project Compliance with of the Senate on November 7, 2010; to the in the Office of the President of the Senate Certified Business Enterprise Goals through Committee on Homeland Security and Gov- on October 19, 2010; to the Committee on the 2nd Quarter of Fiscal Year 2010’’; to the ernmental Affairs. Commerce, Science, and Transportation. Committee on Homeland Security and Gov- EC–7942. A communication from the Under EC–7951. A communication from the Attor- ernmental Affairs. Secretary of Defense (Personnel and Readi- ney Advisor, U.S. Coast Guard, Department EC–7934. A communication from the Dis- ness), transmitting the report of an officer of Homeland Security, transmitting, pursu- trict of Columbia Auditor, transmitting, pur- authorized to wear the insignia of the grade ant to law, the report of a rule entitled suant to law, a report entitled, ‘‘Audit of the of rear admiral (lower half) in accordance ‘‘Safety Zone; Ohio River, Wheeling, WV, Office of the People’s Counsel Agency Fund with title 10, United States Code, section 777; Wheeling Heritage Port Sternwheel Founda- for Fiscal Year 2005’’; to the Committee on to the Committee on Armed Services. tion Fireworks Display’’ ((RIN1625– Homeland Security and Governmental Af- EC–7943. A communication from the Attor- AA00)(Docket No. USCG–2010–0723)) received fairs. ney Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate EC–7935. A communication from the Coun- of Homeland Security, transmitting, pursu- on October 19, 2010; to the Committee on sel for Regulatory and External Affairs, Fed- ant to law, the report of a rule entitled Commerce, Science, and Transportation. eral Labor Relations Authority, transmit- ‘‘Safety Zone; Mississippi River, Mile 212.0 to EC–7952. A communication from the Attor- ting, pursuant to law, the report of a rule en- 214.5’’ ((RIN1625–AA00)(Docket No. USCG– ney Advisor, U.S. Coast Guard, Department

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8059 of Homeland Security, transmitting, pursu- River, Fall River and Somerset, MA’’ EC–7969. A communication from the Acting ant to law, the report of a rule entitled ((RIN1625-AA09)(Docket No. USCG-2010-0234)) Director of Sustainable Fisheries, National ‘‘Safety Zone; VERMILION 380A at Block 380 received in the Office of the President of the Marine Fisheries Service, Department of Outer Continental Shelf Fixed Platform in Senate on October 19, 2010; to the Committee Commerce, transmitting, pursuant to law, the Gulf of Mexico’’ ((RIN1625–AA00)(Docket on Commerce, Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the No. USCG–2010–0857)) received in the Office of EC–7961. A communication from the Attor- Exclusive Economic Zone Off Alaska; Pacific the President of the Senate on October 19, ney Advisor, U.S. Coast Guard, Department Cod by Vessels Catching Pacific Cod for 2010; to the Committee on Commerce, of Homeland Security, transmitting, pursu- Processing by the Inshore Component in the Science, and Transportation. ant to law, the report of a rule entitled Western Regulatory Area of the Gulf of Alas- EC–7953. A communication from the Attor- ‘‘Drawbridge Operation Regulation; ka’’ (RIN0648-XZ67) received during adjourn- ney Advisor, U.S. Coast Guard, Department Pequonnock River, Bridgeport, CT’’ ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- ((RIN1625-AA09)(Docket No. USCG-2009-0787)) dent of the Senate on October 27, 2010; to the ant to law, the report of a rule entitled received in the Office of the President of the Committee on Commerce, Science, and ‘‘Safety Zone; Illinois River, Mile 000.5 to Senate on October 19, 2010; to the Committee Transportation. 001.5’’ ((RIN1625–AA00)(Docket No. USCG– on Commerce, Science, and Transportation. EC–7970. A communication from the Acting 2010–0786)) received in the Office of the Presi- EC–7962. A communication from the Attor- Director of Sustainable Fisheries, National dent of the Senate on October 19, 2010; to the ney Advisor, U.S. Coast Guard, Department Marine Fisheries Service, Department of Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- Commerce, transmitting, pursuant to law, Transportation. ant to law, the report of a rule entitled the report of a rule entitled ‘‘Fisheries of the EC–7954. A communication from the Attor- ‘‘Drawbridge Operation Regulation; Passaic Exclusive Economic Zone Off Alaska; Pol- ney Advisor, U.S. Coast Guard, Department River, Clifton, NJ’’ ((RIN1625-AA09)(Docket lock in Statistical Area 630 of the Gulf of of Homeland Security, transmitting, pursu- No. USCG-2010-0200)) received in the Office of Alaska’’ (RIN0648–XZ84) received during ad- ant to law, the report of a rule entitled the President of the Senate on October 19, journment of the Senate in the Office of the ‘‘Safety Zone; Raccoon Creek, Bridgeport, 2010; to the Committee on Commerce, President of the Senate on November 7, 2010; NJ’’ ((RIN1625–AA00)(Docket No. USCG–2010– Science, and Transportation. to the Committee on Commerce, Science, 0743)) received in the Office of the President EC–7963. A communication from the Attor- and Transportation. of the Senate on October 19, 2010; to the Com- ney, U.S. Coast Guard, Department of Home- EC–7971. A communication from the Acting mittee on Commerce, Science, and Transpor- land Security, transmitting, pursuant to Director of Sustainable Fisheries, National tation. law, the report of a rule entitled ‘‘Navigation Marine Fisheries Service, Department of EC–7955. A communication from the Attor- and Navigable Waters; Technical, Organiza- Commerce, transmitting, pursuant to law, ney Advisor, U.S. Coast Guard, Department tional, and Conforming Amendments, Sector the report of a rule entitled ‘‘Fisheries of the of Homeland Security, transmitting, pursu- Columbia River; Correction’’ ((RIN1625- Exclusive Economic Zone Off Alaska; Pol- ant to law, the report of a rule entitled AA00)(Docket No. USCG-2010-0351)) received lock in Statistical Area 620 in the Gulf of ‘‘Safety Zone; NASSCO Launching of USNS in the Office of the President of the Senate Alaska’’ (RIN0648–XY88) received during ad- Washington Chambers, San Diego Bay, San on October 19, 2010; to the Committee on journment of the Senate in the Office of the Diego, CA’’ ((RIN1625-AA00)(Docket No. Commerce, Science, and Transportation. President of the Senate on November 7, 2010; EC–7964. A communication from the Attor- USCG-2010-0782)) received in the Office of the to the Committee on Commerce, Science, ney, U.S. Coast Guard, Department of Home- President of the Senate on October 19, 2010; and Transportation. land Security, transmitting, pursuant to EC–7972. A communication from the Acting to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Special Director of Sustainable Fisheries, National and Transportation. Local Regulation for Marine Events; Roa- EC–7956. A communication from the Attor- Marine Fisheries Service, Department of noke River, Plymouth, NC’’ ((RIN1625- ney Advisor, U.S. Coast Guard, Department Commerce, transmitting, pursuant to law, AA08)(Docket No. USCG-2010-0756)) received of Homeland Security, transmitting, pursu- the report of a rule entitled ‘‘Atlantic Highly in the Office of the President of the Senate ant to law, the report of a rule entitled Migratory Species; Inseason Action to Close on October 19, 2010; to the Committee on the Commercial Non-Sandbar Large Coastal ‘‘Safety Zone; Revolution 3 Triathlon, Lake Commerce, Science, and Transportation. Shark Research Fishery’’ (RIN0648–XZ43) re- Erie and Sandusky Bay, Cedar Point, OH’’ EC–7965. A communication from the Attor- ceived during adjournment of the Senate in ((RIN1625-AA00)(Docket No. USCG-2010-0791)) ney Advisor, U.S. Coast Guard, Department the Office of the President of the Senate on received in the Office of the President of the of Homeland Security, transmitting, pursu- October 27, 2010; to the Committee on Com- Senate on October 19, 2010; to the Committee ant to law, the report of a rule entitled ‘‘Se- merce, Science, and Transportation. on Commerce, Science, and Transportation. curity Zone, Mackinac Bridge, Straits of EC–7973. A communication from the Acting EC–7957. A communication from the Attor- Mackinac, Michigan’’ (Docket No. USCG- Director of Sustainable Fisheries, National ney Advisor, U.S. Coast Guard, Department 2010-0790) received in the Office of the Presi- Marine Fisheries Service, Department of of Homeland Security, transmitting, pursu- dent of the Senate on October 19, 2010; to the Commerce, transmitting, pursuant to law, ant to law, the report of a rule entitled Committee on Commerce, Science, and the report of a rule entitled ‘‘Pacific Coast ‘‘Safety Zone; DEEPWATER HORIZON at Transportation. Groundfish Final Rule; Inseason Action; Oc- Mississippi Canyon 252 Outer Continental EC–7966. A communication from the Attor- tober 1, 2010 Changes to Commercial Trip Shelf MODU in the Gulf of Mexico’’ ney Advisor, U.S. Coast Guard, Department Limits’’ (RIN0648–BA28) received during ad- ((RIN1625-AA00)(Docket No. USCG-2010-0448)) of Homeland Security, transmitting, pursu- journment of the Senate in the Office of the received during adjournment of the Senate ant to law, the report of a rule entitled ‘‘Se- President of the Senate on October 21, 2010; in the Office of the President of the Senate curity Zone; U.S. Coast Guard BSU Seattle, to the Committee on Commerce, Science, on November 7, 2010; to the Committee on Pier 36, Seattle, WA’’ ((RIN1625- and Transportation. Commerce, Science, and Transportation. AA87)(Docket No. USCG-2010-0021)) received EC–7974. A communication from the Acting EC–7958. A communication from the Attor- in the Office of the President of the Senate Director of Sustainable Fisheries, National ney Advisor, U.S. Coast Guard, Department on October 19, 2010; to the Committee on Marine Fisheries Service, Department of of Homeland Security, transmitting, pursu- Commerce, Science, and Transportation. Commerce, transmitting, pursuant to law, ant to law, the report of a rule entitled EC–7967. A communication from the Attor- the report of a rule entitled ‘‘Fisheries of the ‘‘Safety Zone; Thunder on the Bay, Chesa- ney Advisor, U.S. Coast Guard, Department Northeastern United States; Atlantic Surf- peake Bay, Buckroe Beach Park, Hampton, of Homeland Security, transmitting, pursu- clam and Ocean Quahog Fisheries; Suspen- VA’’ ((RIN1625-AA00)(Docket No. USCG-2010- ant to law, the report of a rule entitled ‘‘Spe- sion of Minimum Atlantic Surfclam Size 0755)) received in the Office of the President cial Local Regulations, Sabine River; Or- Limit for Fishing Year 2011’’ (RIN0648–XZ16) of the Senate on October 19, 2010; to the Com- ange, TX’’ ((RIN1625-AA08)(Docket No. received in the Office of the President of the mittee on Commerce, Science, and Transpor- USCG-2010-0518)) received in the Office of the Senate on November 16, 2010; to the Com- tation. President of the Senate on October 19, 2010; mittee on Commerce, Science, and Transpor- EC–7959. A communication from the Attor- to the Committee on Commerce, Science, tation. ney Advisor, U.S. Coast Guard, Department and Transportation. EC–7975. A communication from the Acting of Homeland Security, transmitting, pursu- EC–7968. A communication from the Acting Director of Sustainable Fisheries, National ant to law, the report of a rule entitled Director of Sustainable Fisheries, National Marine Fisheries Service, Department of ‘‘Safety Zone; Swim Events within the Sec- Marine Fisheries Service, Department of Commerce, transmitting, pursuant to law, tor New York Captain of the Port Zone’’ Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Fisheries of the ((RIN1625-AA00)(Docket No. USCG-2010-0502)) the report of a rule entitled ‘‘Inseason; Fish- Exclusive Economic Zone Off Alaska; Pol- received in the Office of the President of the eries of the Caribbean, Gulf of Mexico, and lock in Statistical Area 630 in the Gulf of Senate on October 19, 2010; to the Committee South Atlantic; Coastal Migratory Pelagic Alaska’’ (RIN0648–XZ38) received during ad- on Commerce, Science, and Transportation. Resources of the Gulf of Mexico and South journment of the Senate in the Office of the EC–7960. A communication from the Attor- Atlantic; Trip Limit Reduction’’ (RIN0648- President of the Senate on October 21, 2010; ney Advisor, U.S. Coast Guard, Department XZ99) received in the Office of the President to the Committee on Commerce, Science, of Homeland Security, transmitting, pursu- of the Senate on November 16, 2010; to the and Transportation. ant to law, the report of a rule entitled Committee on Commerce, Science, and EC–7976. A communication from the Dep- ‘‘Drawbridge Operation Regulation; Taunton Transportation. uty Assistant Administrator for Regulatory

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8060 CONGRESSIONAL RECORD — SENATE November 18, 2010 Programs, National Marine Fisheries Serv- transmitting, pursuant to law, the report of ber 6, 2010; to the Committee on Commerce, ice, Department of Commerce, transmitting, a rule entitled ‘‘Standard Instrument Ap- Science, and Transportation. pursuant to law, the report of a rule entitled proach Procedures (27); Amdt. No. 3395’’ EC–7992. A communication from the Senior ‘‘Final Rule to Implement Amendments 95 (RIN2120–AA65) received in the Office of the Program Analyst, Federal Aviation Adminis- and 96 to the Fishery Management Plan for President of the Senate on October 29, 2010; tration, Department of Transportation, Groundfish of the Bering Sea and Aleutian to the Committee on Commerce, Science, transmitting, pursuant to law, the report of Islands Management Area and Amendment and Transportation. a rule entitled ‘‘Re-registration and Renewal 87 to the Fishery Management Plan for EC–7984. A communication from the Senior of Aircraft Registration; OMB Approval of Groundfish of the Gulf of Alaska’’ (RIN0648– Program Analyst, Federal Aviation Adminis- Information Collection; Correction’’ AY48) received during adjournment of the tration, Department of Transportation, ((RIN2120–AI89)(Docket No. FAA–2008–0188)) Senate in the Office of the President of the transmitting, pursuant to law, the report of received during adjournment of the Senate Senate on October 21, 2010; to the Committee a rule entitled ‘‘Standard Instrument Ap- in the Office of the President of the Senate on Commerce, Science, and Transportation. proach Procedures; Amdt. No. 3396’’ on October 6, 2010; to the Committee on Com- EC–7977. A communication from the Dep- (RIN2120–AA65) received in the Office of the merce, Science, and Transportation. uty Assistant Administrator for Regulatory President of the Senate on November 10, EC–7993. A communication from the Senior Programs, National Marine Fisheries Serv- 2010; to the Committee on Commerce, Program Analyst, Federal Aviation Adminis- ice, Department of Commerce, transmitting, Science, and Transportation. tration, Department of Transportation, pursuant to law, the report of a rule entitled EC–7985. A communication from the Senior transmitting, pursuant to law, the report of ‘‘Amendment 94 to the Fishery Management Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airports/Locations; Special Plan for Groundfish of the Bering Sea and tration, Department of Transportation, Operating Restrictions’’ ((RIN2120– Aleutian Islands Management Area for Modi- transmitting, pursuant to law, the report of AA66)(Docket No. FAA–2010–0995)) received fied Nonpelagic Trawl Gear’’ (RIN0648–AY34) a rule entitled ‘‘Standard Instrument Ap- during adjournment of the Senate in the Of- received during adjournment of the Senate proach Procedures (40); Amdt. No. 3397’’ fice of the President of the Senate on Octo- in the Office of the President of the Senate (RIN2120–AA65) received in the Office of the ber 14, 2010; to the Committee on Commerce, on October 21, 2010; to the Committee on President of the Senate on November 10, Science, and Transportation. Commerce, Science, and Transportation. 2010; to the Committee on Commerce, EC–7994. A communication from the Senior EC–7978. A communication from the Dep- Science, and Transportation. Program Analyst, Federal Aviation Adminis- uty Assistant Administrator for Regulatory EC–7986. A communication from the Senior tration, Department of Transportation, Programs, National Marine Fisheries Serv- Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of ice, Department of Commerce, transmitting, tration, Department of Transportation, a rule entitled ‘‘Revocation of Class C Air- pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of space, Establishment of Class D Airspace, ‘‘Amendments to Fishing Capacity Reduc- a rule entitled ‘‘Standard Instrument Ap- and Modification of Class E Airspace; Colum- tion Framework’’ (RIN0648–AY79) received proach Procedures (73); Docket No. 30745’’ bus, GA’’ ((RIN2120–AA66)(Docket No. FAA– during adjournment of the Senate in the Of- (RIN2120–AA65) received during adjournment 2010–0386)) received in the Office of the Presi- fice of the President of the Senate on Octo- of the Senate in the Office of the President dent of the Senate on October 29, 2010; to the ber 21, 2010; to the Committee on Commerce, of the Senate on October 6, 2010; to the Com- Committee on Commerce, Science, and Science, and Transportation. mittee on Commerce, Science, and Transpor- Transportation. EC–7979. A communication from the Dep- tation. EC–7995. A communication from the Senior uty Assistant Administrator for Regulatory EC–7987. A communication from the Senior Program Analyst, Federal Aviation Adminis- Programs, National Marine Fisheries Serv- Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, ice, Department of Commerce, transmitting, tration, Department of Transportation, transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of a rule entitled ‘‘Revocation of Class E Air- ‘‘Regulatory Amendment to the Fishery a rule entitled ‘‘Standard Instrument Ap- space, Franklin, TX’’ ((RIN2120– Management Plan for the Reef Fish Fishery proach Procedures (27); Docket No. 30746’’ AA66)(Docket No. FAA–2010–0603)) received Management Plan of Puerto Rico and the (RIN2120–AA65) received during adjournment in the Office of the President of the Senate U.S. Virgin Islands Modifying the Bajo de of the Senate in the Office of the President on October 29, 2010; to the Committee on Sico Seasonal Closure’’ (RIN0648–AY05) re- of the Senate on October 6, 2010; to the Com- Commerce, Science, and Transportation. ceived in the Office of the President of the mittee on Commerce, Science, and Transpor- EC–7996. A communication from the Senior Senate on November 16, 2010; to the Com- tation. Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- EC–7988. A communication from the Senior tration, Department of Transportation, tation. Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of EC–7980. A communication from the Dep- tration, Department of Transportation, a rule entitled ‘‘Revocation and Establish- uty Assistant Administrator for Operations, transmitting, pursuant to law, the report of ment of Class E Airspace; Northeast Alaska, National Marine Fisheries Service, Depart- a rule entitled ‘‘Part 95 Instrument Flight AK’’ ((RIN2120–AA66)(Docket No. FAA–2010– ment of Commerce, transmitting, pursuant Rules (156); Docket No. 30742’’ (RIN2120– 0445)) received in the Office of the President to law, the report of a rule entitled ‘‘Cor- AA63) received in the Office of the President of the Senate on October 29, 2010; to the Com- recting Amendment to the Regulations for of the Senate on October 29, 2010; to the Com- mittee on Commerce, Science, and Transpor- Framework 21 to the Atlantic Sea Scallop mittee on Commerce, Science, and Transpor- tation. Fishery Management Plan’’ (RIN0648–BA08) tation. EC–7997. A communication from the Senior received during adjournment of the Senate EC–7989. A communication from the Senior Program Analyst, Federal Aviation Adminis- in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, on November 2, 2010; to the Committee on tration, Department of Transportation, transmitting, pursuant to law, the report of Commerce, Science, and Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Revision of Class E Airspace; EC–7981. A communication from the Assist- a rule entitled ‘‘Crewmember Requirements Tanana, AK’’ ((RIN2120–AA66)(Docket No. ant Administrator for Fisheries, National When Passengers Are Onboard’’ ((RIN2120– FAA–2010–0588)) received in the Office of the Marine Fisheries Service, Department of AJ30)(Docket No. FAA–2009–0022)) received in President of the Senate on October 29, 2010; Commerce, transmitting, pursuant to law, the Office of the President of the Senate on to the Committee on Commerce, Science, the report of a rule entitled ‘‘Adjustment to November 10, 2010; to the Committee on and Transportation. Fishing Year 2010 Georges Bank Yellowtail Commerce, Science, and Transportation. EC–7998. A communication from the Senior Flounder Total Allowable Catch’’ (RIN0648– EC–7990. A communication from the Senior Program Analyst, Federal Aviation Adminis- AY29) received during adjournment of the Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, Senate in the Office of the President of the tration, Department of Transportation, transmitting, pursuant to law, the report of Senate on November 7, 2010; to the Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Revision of Class E Airspace; mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Flightcrew Alerting’’ Unalakleet, AK’’ ((RIN2120–AA66)(Docket No. tation. ((RIN2120–AJ35)(Docket No. FAA–2008–1292)) FAA–2010–0119)) received in the Office of the EC–7982. A communication from the Senior received in the Office of the President of the President of the Senate on October 29, 2010; Program Analyst, Federal Aviation Adminis- Senate on November 10, 2010; to the Com- to the Committee on Commerce, Science, tration, Department of Transportation, mittee on Commerce, Science, and Transpor- and Transportation. transmitting, pursuant to law, the report of tation. EC–7999. A communication from the Senior a rule entitled ‘‘Standard Instrument Ap- EC–7991. A communication from the Senior Program Analyst, Federal Aviation Adminis- proach Procedures (61); Amdt. No. 3394’’ Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, (RIN2120–AA65) received in the Office of the tration, Department of Transportation, transmitting, pursuant to law, the report of President of the Senate on October 29, 2010; transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E to the Committee on Commerce, Science, a rule entitled ‘‘Inclusion of Reference to Airspace; Kalaupapa, HI’’ ((RIN2120–AA66) and Transportation. Manual Requirements’’ ((RIN2120– (Docket No. FAA–2010–0650)) received in the EC–7983. A communication from the Senior AJ44)(Docket No. FAA-2006–25877)) received Office of the President of the Senate on Oc- Program Analyst, Federal Aviation Adminis- during adjournment of the Senate in the Of- tober 29, 2010; to the Committee on Com- tration, Department of Transportation, fice of the President of the Senate on Octo- merce, Science, and Transportation.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8061 EC–8000. A communication from the Senior a rule entitled ‘‘Amendment of Class E Air- of the Senate in the Office of the President Program Analyst, Federal Aviation Adminis- space; Youngstown, OH’’ ((RIN2120–AA66) of the Senate on September 30, 2010; to the tration, Department of Transportation, (Docket No. FAA–2010–267)) received in the Committee on Commerce, Science, and transmitting, pursuant to law, the report of Office of the President of the Senate on No- Transportation. a rule entitled ‘‘Establishment of Class E vember 10, 2010; to the Committee on Com- EC–8017. A communication from the Senior Airspace; Port Clarence, AK’’ ((RIN2120– merce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- AA66) (Docket No. FAA–2010–0354)) received EC–8009. A communication from the Senior tration, Department of Transportation, in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of on October 29, 2010; to the Committee on tration, Department of Transportation, a rule entitled ‘‘Establishment of Class E Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Airspace; Toledo, WA’’ ((RIN2120–AA66) EC–8001. A communication from the Senior a rule entitled ‘‘Amendment of Class E Air- (Docket No. FAA–2009–1189)) received during Program Analyst, Federal Aviation Adminis- space; Boonville, MO’’ ((RIN2120–AA66) adjournment of the Senate in the Office of tration, Department of Transportation, (Docket No. FAA–2010–0607)) received in the the President of the Senate on September 30, transmitting, pursuant to law, the report of Office of the President of the Senate on No- 2010; to the Committee on Commerce, a rule entitled ‘‘Amendment to Class E Air- vember 10, 2010; to the Committee on Com- Science, and Transportation. space; Smithfield, NC’’ ((RIN2120–AA66) merce, Science, and Transportation. EC–8018. A communication from the Senior (Docket No. FAA–2010–0911)) received during EC–8010. A communication from the Senior Program Analyst, Federal Aviation Adminis- adjournment of the Senate in the Office of Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, the President of the Senate on November 7, tration, Department of Transportation, transmitting, pursuant to law, the report of 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Science, and Transportation. a rule entitled ‘‘Establishment of Class E Airspace; Fillmore, UT’’ ((RIN2120–AA66) EC–8002. A communication from the Senior Airspace; Kaiser/Lake Ozark, MO’’ ((RIN2120– (Docket No. FAA–2009–1248)) received during Program Analyst, Federal Aviation Adminis- AA66) (Docket No. FAA–2010–0604)) received adjournment of the Senate in the Office of tration, Department of Transportation, in the Office of the President of the Senate the President of the Senate on September 30, transmitting, pursuant to law, the report of on November 10, 2010; to the Committee on 2010; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class E Air- Commerce, Science, and Transportation. Science, and Transportation. space; Charleston, SC’’ ((RIN2120–AA66) EC–8011. A communication from the Senior EC–8019. A communication from the Senior (Docket No. FAA–2010–0817)) received in the Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on No- tration, Department of Transportation, tration, Department of Transportation, vember 10, 2010; to the Committee on Com- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of merce, Science, and Transportation. a rule entitled ‘‘Amendment of Class E Air- a rule entitled ‘‘Modification of Class E Air- EC–8003. A communication from the Senior space; Corpus Christi, TX’’ (( RIN2120–AA66) space; Wilcox, AZ’’ ((RIN2120–AA66) (Docket Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2010–0404)) received in the No. FAA–2010–0325)) received during adjourn- tration, Department of Transportation, Office of the President of the Senate on No- ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of vember 10, 2010; to the Committee on Com- dent of the Senate on September 30, 2010; to a rule entitled ‘‘Amendment of Class D and merce, Science, and Transportation. the Committee on Commerce, Science, and EC–8012. A communication from the Senior Class E Airspace; Klamath Falls, OR’’ Transportation. ((RIN2120–AA66) (Docket No. FAA–2010–0651)) Program Analyst, Federal Aviation Adminis- EC–8020. A communication from the Senior received in the Office of the President of the tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- Senate on November 10, 2010; to the Com- transmitting, pursuant to law, the report of tration, Department of Transportation, mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Amendment of Class E Air- transmitting, pursuant to law, the report of tation. space; Searcy, AR’’ ((RIN2120–AA66) ( Docket a rule entitled ‘‘Establishment of Class E EC–8004. A communication from the Senior No. FAA–2009–1182)) received in the Office of Airspace and Amendment to Class D Air- Program Analyst, Federal Aviation Adminis- the President of the Senate on November 10, space; Troutdale, OR’’ ((RIN2120–AA66) tration, Department of Transportation, 2010; to the Committee on Commerce, (Docket No. FAA–2010–0393)) received during transmitting, pursuant to law, the report of Science, and Transportation. adjournment of the Senate in the Office of a rule entitled ‘‘Establishment of Class E EC–8013. A communication from the Senior the President of the Senate on September 30, Airspace; Bamberg, SC’’ ((RIN2120–AA66) Program Analyst, Federal Aviation Adminis- 2010; to the Committee on Commerce, (Docket No. FAA–2010–0685)) received in the tration, Department of Transportation, Science, and Transportation. Office of the President of the Senate on No- transmitting, pursuant to law, the report of vember 10, 2010; to the Committee on Com- a rule entitled ‘‘Amendment of Class D and E EC–8021. A communication from the Senior merce, Science, and Transportation. Airspace; Establishment of Class E Airspace; Program Analyst, Federal Aviation Adminis- EC–8005. A communication from the Senior Patuxent River, MD’’ ((RIN2120–AA66) (Dock- tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- et No. FAA–2010–0428)) received during ad- transmitting, pursuant to law, the report of tration, Department of Transportation, journment of the Senate in the Office of the a rule entitled ‘‘Modification of Class B Air- transmitting, pursuant to law, the report of President of the Senate on September 30, space; Chicago, IL’’ ((RIN2120–AA66) (Docket a rule entitled ‘‘Amendment and Establish- 2010; to the Committee on Commerce, No. FAA–2010–0347)) received during adjourn- ment of Restricted Areas and Other Special Science, and Transportation. ment of the Senate in the Office of the Presi- Use Airspace, Razorback Range Airspace EC–8014. A communication from the Senior dent of the Senate on September 30, 2010; to Complex, AR’’ ((RIN2120–AA66) (Docket No. Program Analyst, Federal Aviation Adminis- the Committee on Commerce, Science, and FAA–2009–1050)) received in the Office of the tration, Department of Transportation, Transportation. President of the Senate on November 10, transmitting, pursuant to law, the report of EC–8022. A communication from the Senior 2010; to the Committee on Commerce, a rule entitled ‘‘Establishment of Class E Program Analyst, Federal Aviation Adminis- Science, and Transportation. Airspace; Homestead, FL’’ (( RIN2120–AA66) tration, Department of Transportation, EC–8006. A communication from the Senior (Docket No. FAA–2010–0429)) received during transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- adjournment of the Senate in the Office of a rule entitled ‘‘Establishment and Modifica- tration, Department of Transportation, the President of the Senate on September 30, tion of Class E Airspace; Deer Park, WA’’ transmitting, pursuant to law, the report of 2010; to the Committee on Commerce, ((RIN2120–AA66) (Docket No. FAA–2009–1136)) a rule entitled ‘‘Amendment of Class E Air- Science, and Transportation. received during adjournment of the Senate space; Williston, ND’’ ((RIN2120–AA66) EC–8015. A communication from the Senior in the Office of the President of the Senate (Docket No. FAA–2010–0407)) received in the Program Analyst, Federal Aviation Adminis- on October 14, 2010; to the Committee on Office of the President of the Senate on No- tration, Department of Transportation, Commerce, Science, and Transportation. vember 10, 2010; to the Committee on Com- transmitting, pursuant to law, the report of EC–8023. A communication from the Senior merce, Science, and Transportation. a rule entitled ‘‘Amendment of Class E Air- Program Analyst, Federal Aviation Adminis- EC–8007. A communication from the Senior space; Brewton, AL’’ ((RIN2120–AA66) (Dock- tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- et No. FAA–2010–0777)) received during ad- transmitting, pursuant to law, the report of tration, Department of Transportation, journment of the Senate in the Office of the a rule entitled ‘‘Amendment of Class E Air- transmitting, pursuant to law, the report of President of the Senate on September 30, space; Kwajalein Island, Marshall Islands, a rule entitled ‘‘Revocation of Class E Air- 2010; to the Committee on Commerce, RMI’’ ((RIN2120–AA66) (Docket No. FAA– space; Chilicothe, MO’’ ((RIN2120–AA66) Science, and Transportation. 2010–0808)) received during adjournment of (Docket No. FAA–2010–0268)) received in the EC–8016. A communication from the Senior the Senate in the Office of the President of Office of the President of the Senate on No- Program Analyst, Federal Aviation Adminis- the Senate on October 14, 2010; to the Com- vember 10, 2010; to the Committee on Com- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. transmitting, pursuant to law, the report of tation. EC–8008. A communication from the Senior a rule entitled ‘‘Amendment of Class D Air- EC–8024. A communication from the Senior Program Analyst, Federal Aviation Adminis- space; Miami Opa Locka Airport, FL, and Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, Hollywood, FL’’ ((RIN2120–AA66) (Docket No. tration, Department of Transportation, transmitting, pursuant to law, the report of FAA–2010–0816)) received during adjournment transmitting, pursuant to law, the report of

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8062 CONGRESSIONAL RECORD — SENATE November 18, 2010 a rule entitled ‘‘Modification of Class E Air- By Mr. LIEBERMAN, from the Committee (Nominations without an asterisk space; Pendleton, OR’’ ((RIN2120–AA66) on Homeland Security and Governmental Af- were reported with the recommenda- (Docket No. FAA–2010–0616)) received during fairs, with an amendment in the nature of a tion that they be confirmed.) adjournment of the Senate in the Office of substitute: the President of the Senate on October 14, S. 2991. A bill to amend title 31, United f 2010; to the Committee on Commerce, States Code, to enhance the oversight au- INTRODUCTION OF BILLS AND Science, and Transportation. thorities of the Comptroller General, and for JOINT RESOLUTIONS EC–8025. A communication from the Senior other purposes (Rept. No. 111–350). Program Analyst, Federal Aviation Adminis- By Mr. LIEBERMAN, from the Committee The following bills and joint resolu- tration, Department of Transportation, on Homeland Security and Governmental Af- tions were introduced, read the first transmitting, pursuant to law, the report of fairs, with amendments: and second times by unanimous con- a rule entitled ‘‘Modification of Class E Air- S. 3167. A bill to amend title 13 of the sent, and referred as indicated: space; San Clemente, CA’’ ((RIN2120–AA66) United States Code to provide for a 5-year By Mr. CASEY: (Docket No. FAA–2010–0619)) received during term of office for the Director of the Census S. 3964. A bill to provide for an expedited adjournment of the Senate in the Office of and to provide for authority and duties of response to emergencies related to oil or gas the President of the Senate on October 14, the Director and Deputy Director of the Cen- production or storage; to the Committee on 2010; to the Committee on Commerce, sus, and for other purposes (Rept. No. 111– Health, Education, Labor, and Pensions. Science, and Transportation. 351). By Ms. STABENOW: EC–8026. A communication from the Senior By Mr. KERRY, from the Committee on S. 3965. A bill to amend title XVIII of the Program Analyst, Federal Aviation Adminis- Foreign Relations, with an amendment in Social Security Act to ensure continued ac- tration, Department of Transportation, the nature of a substitute and an amendment cess to Medicare for seniors and people with transmitting, pursuant to law, the report of to the title: disabilities and to TRICARE for America’s a rule entitled ‘‘Modification of Class E Air- S. 1183. A bill to authorize the Secretary of military families; to the Committee on Fi- space; Arco, ID’’ ((RIN2120–AA66) (Docket Agriculture to provide assistance to the Gov- nance. No. FAA–2010–0615)) received during adjourn- ernment of Haiti to end within 5 years the By Mrs. SHAHEEN (for herself and Ms. ment of the Senate in the Office of the Presi- deforestation in Haiti and restore within 30 COLLINS): dent of the Senate on October 14, 2010; to the years the extent of tropical forest cover in S. 3966. A bill to amend title III of the Pub- Committee on Commerce, Science, and existence in Haiti in 1990, and for other pur- lic Health Service Act to provide for in- Transportation. poses (Rept. No. 111–352). creased gestational diabetes research and to EC–8027. A communication from the Senior By Mr. LIEBERMAN, from the Committee lower the rate of gestational diabetes; to the Program Analyst, Federal Aviation Adminis- on Homeland Security and Governmental Af- Committee on Health, Education, Labor, and tration, Department of Transportation, fairs, without amendment: Pensions. transmitting, pursuant to law, the report of S. 3650. A bill to amend chapter 21 of title By Ms. LANDRIEU (for herself and Mr. a rule entitled ‘‘Airworthiness Directives; 5, United States Code, to provide that fa- CARDIN): Bombardier, Inc. Model CL–600–2B19 (Re- thers of certain permanently disabled or de- S. 3967. A bill to encourage investment in gional Jet Series 100 and 440) Airplanes’’ ceased veterans shall be included with moth- and innovation by small business concerns, ((RIN2120–AA64) (Docket No. FAA–2010–0482)) ers of such veterans as preference eligibles and for other purposes; to the Committee on received in the Office of the President of the for treatment in the civil service. Small Business and Entrepreneurship. Senate on October 29, 2010; to the Committee By Mr. LEAHY, from the Committee on By Mr. DODD (for himself and Mr. on Commerce, Science, and Transportation. the Judiciary, with an amendment in the na- CASEY): EC–8028. A communication from the Senior ture of a substitute: S. 3968. A bill to establish a National Coun- Program Analyst, Federal Aviation Adminis- S. 3804. A bill to combat online infringe- cil on Children, and for other purposes; to tration, Department of Transportation, ment, and for other purposes. the Committee on Health, Education, Labor, transmitting, pursuant to law, the report of f and Pensions . a rule entitled ‘‘Airworthiness Directives; By Mr. BEGICH (for himself, Ms. MUR- Boeing Model 747–100, 747–100B, 747–100B SUD, EXECUTIVE REPORTS OF KOWSKI, Mrs. MURRAY, and Mr. 747–200B, 747–200F, 747–300, 747–400, 747–400D, COMMITTEE WYDEN): 747SP, and 747SR Series Airplanes’’ S. 3969. A bill to amend the Federal Food, ((RIN2120–AA64) (Docket No. FAA–2010–0950)) The following executive reports of Drug, and Cosmetic Act to require labeling received in the Office of the President of the nominations were submitted: of genetically-engineered fish; to the Com- Senate on October 29, 2010; to the Committee By Mr. LEAHY for the Committee on the mittee on Health, Education, Labor, and on Commerce, Science, and Transportation. Judiciary. Pensions. EC–8029. A communication from the Senior Ripley Rand, of North Carolina, to be By Mr. MENENDEZ: Program Analyst, Federal Aviation Adminis- United States Attorney for the Middle Dis- S. 3970. A bill to establish a program under tration, Department of Transportation, trict of North Carolina for the term of four which the Administrator of the Environ- transmitting, pursuant to law, the report of years. mental Protection Agency shall provide a rule entitled ‘‘Airworthiness Directives; Charles M. Oberly III, of Delaware, to be grants to eligible State consortia to estab- Pratt and Whitney JT8D–9, –9A, –11, –15, –17, United States Attorney for the District of lish and carry out municipal sustainability and –17R Turbofan Engines’’ ((RIN2120–AA64) Delaware for the term of four years. certification programs, and for other pur- (Docket No. FAA–2010–0514)) received in the William Conner Eldridge, of Arkansas, to poses; to the Committee on Environment and Office of the President of the Senate on Oc- be United States Attorney for the Western Public Works. tober 29, 2010; to the Committee on Com- District of Arkansas for the term of four By Mr. BEGICH (for himself, Ms. MUR- merce, Science, and Transportation. years. KOWSKI, and Mrs. MURRAY): f Frank Leon-Guerrero, of Guam, to be S. 3971. A bill to amend the Federal Food, United States Marshal for the District of Drug, and Cosmetic Act to prevent the ap- REPORTS OF COMMITTEES DURING Guam and concurrently United States Mar- proval of genetically-engineered fish; to the ADJOURNMENT ON NOVEMBER shall for the District of the Northern Mar- Committee on Health, Education, Labor, and 17, 2010 iana Islands for the term of four years. Pensions. Charles Thomas Weeks II, of Oklahoma, to By Mr. CARDIN (for himself, Mr. Under the authority of the order of be United States Marshal for the Western GRAHAM, and Mr. LEAHY): the Senate of November 15, 2010, the District of Oklahoma for the term of four S. 3972. A bill to encourage, enhance, and following reports of committees were years. integrate Blue Alert plans throughout the submitted on November 16, 2010. Kenneth F. Bohac, of Illinois, to be United United States in order to disseminate infor- By Mrs. McCASKILL, from the Committee States Marshal for the Central District of Il- mation when a law enforcement officer is se- on Impeachment Trial Committee linois for term of four years. riously injured or killed in the line of duty; (Porteous), under the authority of the order Wilfredo Martinez, of Florida, to be a to the Committee on the Judiciary. of the Senate of 11/15/2010. Member of the Board of Directors of the By Mr. VOINOVICH (for himself, Mr. Special Report entitled ‘‘Report of the Im- State Justice Institute for a term expiring CARPER, Mr. INHOFE, Mrs. BOXER, Ms. peachment Trial Committee on the Articles September 17, 2013. COLLINS, Mr. ALEXANDER, Ms. Against Judge G. Thomas Porteous, Jr.’’ Chase Theodora Rogers, of Connecticut, to KLOBUCHAR, Mr. LUGAR, Mrs. (Rept. No. 111–347). be a Member of the Board of Directors of the GILLIBRAND, Mrs. SHAHEEN, Mr. TEST- State Justice Institute for a term expiring ER, Mrs. FEINSTEIN, Mr. KERRY, Mr. f September 17, 2012. BAUCUS, Mr. HARKIN, Mr. MERKLEY, REPORTS OF COMMITTEES Isabel Framer, of Ohio, to be a Member of Mr. LIEBERMAN, Mr. BROWN of Ohio, the Board of Directors of the State Justice Mr. WHITEHOUSE, Mr. WYDEN, Ms. The following reports of committees Institute for a term expiring September 17, LANDRIEU, Mrs. HAGAN, Mr. WARNER, were submitted: 2012. Mr. LAUTENBERG, Mr. CARDIN, Mr.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8063 FRANKEN, Mr. BURRIS, Mr. SCHUMER, ADDITIONAL COSPONSORS in eligible countries through the imple- Mr. DURBIN, and Mr. REED): S. 132 mentation of Child Protection Com- S. 3973. A bill to amend the Energy Policy pacts, and for other purposes. Act of 2005 to reauthorize and modify provi- At the request of Mrs. FEINSTEIN, the S. 3211 sions relating to the diesel emissions reduc- name of the Senator from Rhode Island tion program; to the Committee on Environ- (Mr. WHITEHOUSE) was added as a co- At the request of Mrs. SHAHEEN, the ment and Public Works. sponsor of S. 132, a bill to increase and name of the Senator from South Da- By Mr. BROWNBACK (for himself, Mr. enhance law enforcement resources kota (Mr. JOHNSON) was added as a co- CORNYN, and Mr. BURR): committed to investigation and pros- sponsor of S. 3211, a bill to amend title S. 3974. A bill to impose sanctions on indi- ecution of violent gangs, to deter and XVIII of the Social Security Act to im- viduals who are complicit in human rights prove access to diabetes self-manage- abuses committed against nationals of Viet- punish violent gang crime, to protect law-abiding citizens and communities ment training by designating certain nam or their family members, and for other certified diabetes educators as certified purposes; to the Committee on Banking, from violent criminals, to revise and Housing, and Urban Affairs. enhance criminal penalties for violent providers for purposes of outpatient di- By Mr. DEMINT: crimes, to expand and improve gang abetes self-management training serv- S. 3975. A bill to permanently extend the prevention programs, and for other ices under part B of the Medicare 2001 and 2003 tax relief provisions, and to per- purposes. Prorgram. manently repeal the estate tax, and to pro- S. 3213 S. 231 vide permanent alternative minimum tax re- At the request of Mr. LEVIN, the At the request of Mr. LIEBERMAN, the lief, and for other purposes; read the first name of the Senator from California time. name of the Senator from Oregon (Mr. (Mrs. BOXER) was added as a cosponsor MERKLEY) was added as a cosponsor of of S. 3213, a bill to ensure that amounts f S. 231, a bill to designate a portion of the Arctic National Wildlife Refuge as credited to the Harbor Maintenance wilderness. Trust Fund are used for harbor mainte- SUBMISSION OF CONCURRENT AND nance. S. 1334 SENATE RESOLUTIONS S. 3221 At the request of Mrs. GILLIBRAND, The following concurrent resolutions At the request of Mr. KOHL, the the names of the Senator from Ohio and Senate resolutions were read, and names of the Senator from Ohio (Mr. (Mr. BROWN), the Senator from Dela- referred (or acted upon), as indicated: BROWN), the Senator from Minnesota ware (Mr. COONS) and the Senator from (Ms. KLOBUCHAR) and the Senator from By Mr. LEMIEUX: Vermont (Mr. SANDERS) were added as New York (Mrs. GILLIBRAND) were S. Res. 682. A resolution commending the cosponsors of S. 1334, a bill to amend Children’s Home Society of America; to the added as cosponsors of S. 3221, a bill to the Public Health Service Act to ex- Committee on the Judiciary. amend the Farm Security and Rural tend and improve protections and serv- By Mr. KERRY (for himself, Mr. Investment Act of 2002 to extend the ices to individuals directly impacted LUGAR, and Mrs. HAGAN): suspension of limitation on the period by the terrorist attack in New York S. Res. 683. A resolution recognizing the re- for which certain borrowers are eligible cent accomplishments of the people and Gov- City on September 11, 2001, and for for guaranteed assistance. ernment of Moldova and expressing support other purposes. for free and transparent parliamentary elec- S. 3315 S. 1580 tions on November 28, 2010; considered and At the request of Ms. COLLINS, the agreed to. At the request of Mrs. MURRAY, the name of the Senator from Missouri By Mr. HARKIN (for himself, Mr. ENZI, name of the Senator from New Hamp- (Mrs. MCCASKILL) was added as a co- Mr. BROWN of Massachusetts, Mr. shire (Mrs. SHAHEEN) was added as a co- sponsor of S. 3315, a bill to amend title BROWN of Ohio, Mr. CARDIN, Mr. sponsor of S. 1580, a bill to amend the XVIII of the Social Security Act to COCHRAN, Mr. DODD, Mr. DURBIN, Mrs. Occupational Safety and Health Act of protect Medicare beneficiaries’ access FEINSTEIN, Mr. FRANKEN, Mr. GREGG, 1970 to expand coverage under the Act, to home health services under the Mr. HATCH, Mrs. HUTCHISON, Mr. to increase protections for whistle- ISAKSON, Mr. JOHANNS, Mr. LAUTEN- Medicare program. blowers, to increase penalties for cer- BERG, Mr. MENENDEZ, Ms. MIKULSKI, S. 3447 tain violators, and for other purposes. Mrs. MURRAY, Mr. REED, Mr. ROB- At the request of Mr. AKAKA, the ERTS, Mr. ROCKEFELLER, Mr. SAND- S. 2984 name of the Senator from New Hamp- ERS, Mr. TESTER, Mr. UDALL of Colo- At the request of Ms. LANDRIEU, the shire (Mrs. SHAHEEN) was added as a co- rado, Mr. VITTER, Mr. VOINOVICH, Mr. name of the Senator from Missouri sponsor of S. 3447, a bill to amend title WARNER, Mr. WHITEHOUSE, Mr. (Mrs. MCCASKILL) was added as a co- 38, United States Code, to improve edu- BARRASSO, and Ms. MURKOWSKI): sponsor of S. 2984, a bill to direct the S. Res. 684. A resolution recognizing the cational assistance for veterans who 35th anniversary of the enactment of the Secretary of Health and Human Serv- served in the Armed Forces after Sep- Education for All Handicapped Children Act ices to revise regulations imple- tember 11, 2001, and for other purposes. of 1975; considered and agreed to. menting the statutory reporting and S. 3517 By Mr. CARDIN (for himself and Mr. auditing requirements for the Medicaid At the request of Mr. AKAKA, the COCHRAN): disproportionate share hospital name of the Senator from New Hamp- S. Res. 685. A resolution commemorating (‘‘DSH’’) payment program to be con- shire (Mrs. SHAHEEN) was added as a co- the 100th anniversary of the discovery of sistent with the scope of the statutory sponsor of S. 3517, a bill to amend title sickle cell disease by Dr. James B. Herrick; provisions and avoid substantive considered and agreed to. 38, United States Code, to improve the By Mr. KERRY: changes to preexisting DSH policy. processing of claims for disability com- S. Con. Res. 75. A concurrent resolution au- S. 3058 pensation filed with the Department of thorizing the use of the rotunda of the Cap- At the request of Mr. DORGAN, the Veterans Affairs, and for other pur- itol for an event marking the 50th anniver- name of the Senator from South Da- poses. sary of the inaugural address of President kota (Mr. THUNE) was added as a co- S. 3578 John F. Kennedy; considered and agreed to. sponsor of S. 3058, a bill to amend the At the request of Mr. JOHANNS, the By Mrs. BOXER (for herself, Mr. BURR, Public Health Service Act to reauthor- Mrs. MURRAY, Mr. KERRY, Mr. BEN- name of the Senator from Maine (Ms. NET, Mr. PRYOR, Mr. DURBIN, Mr. ize the special diabetes programs for SNOWE) was added as a cosponsor of S. NELSON of Nebraska, Ms. MURKOWSKI, Type I diabetes and Indians under that 3578, a bill to repeal the expansion of Mr. JOHANNS, Mr. LAUTENBERG, Ms. Act. information reporting requirements for KLOBUCHAR, Mrs. SHAHEEN, Mr. S. 3184 payments of $600 or more to corpora- LIEBERMAN, Mrs. LINCOLN, Mr. SAND- At the request of Mrs. BOXER, the tions, and for other purposes. ERS, Mr. BEGICH, Mr. BROWN of Mas- name of the Senator from Oregon (Mr. S. 3703 sachusetts, and Mr. BAUCUS): S. Con. Res. 76. A concurrent resolution to WYDEN) was added as a cosponsor of S. At the request of Mr. BENNETT, his recognize and honor the commitment and 3184, a bill to provide United States as- name was added as a cosponsor of S. sacrifices of military families of the United sistance for the purpose of eradicating 3703, a bill to expand the research, pre- States; considered and agreed to. severe forms of trafficking in children vention, and awareness activities of

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8064 CONGRESSIONAL RECORD — SENATE November 18, 2010 the Centers for Disease Control and appliances and equipment, and for ficer deaths have surged by 43 percent Prevention and the National Institutes other purposes. in the first half of 2010. Eighty-seven of Health with respect to pulmonary fi- S. 3946 officers died in the line of duty between brosis, and for other purposes. At the request of Mr. BAUCUS, the January 1 and June 30 of this year. If S. 3709 names of the Senator from Ohio (Mr. this rate continues, 2010 could become At the request of Mr. WHITEHOUSE, BROWN) and the Senator from West Vir- one of the deadliest years for U.S. law the name of the Senator from Montana ginia (Mr. MANCHIN) were added as co- enforcement in two decades. We need (Mr. TESTER) was added as a cosponsor sponsors of S. 3946, a bill to repeal the to make sure our officers have all the of S. 3709, a bill to amend the Public expansion of information reporting re- tools they need to protect themselves Health Services Act and the Social Se- quirements for payments of $600 or and each other. curity Act to extend health informa- more to corporations, and for other This is why I, along with Senator tion technology assistance eligibility purposes. GRAHAM and Senator LEAHY, am intro- to behavioral health, mental health, S. CON. RES. 63 ducing the National Blue Alert Act in and substance abuse professionals and At the request of Mr. JOHNSON, the an effort to provide law enforcement facilities, and for other purposes. names of the Senator from Arkansas with an additional tool in fighting S. 3790 (Mr. PRYOR) and the Senator from crime. The Blue Alert system is in- At the request of Mr. COBURN, the Georgia (Mr. CHAMBLISS) were added as tended to provide rapid dissemination name of the Senator from Missouri cosponsors of S. Con. Res. 63, a concur- of information about such offenders to (Mrs. MCCASKILL) was added as a co- rent resolution expressing the sense of help facilitate capture of violent of- sponsor of S. 3790, a bill to amend title Congress that Taiwan should be ac- fenders and reduce the risk those of- 5, United States Code, to provide that corded observer status in the Inter- fenders cause to our communities and persons having seriously delinquent national Civil Aviation Organization law enforcement officers. The National tax debts shall be ineligible for Federal (ICAO). Blue Alert will encourage, enhance and employment. S. RES. 680 integrate blue alert plans throughout S. 3804 At the request of Mr. KERRY, the the United States in order to effec- At the request of Mr. LEAHY, the name of the Senator from Vermont tively disseminate information noti- name of the Senator from Oklahoma (Mr. SANDERS) was added as a cospon- fying law enforcement, media and the (Mr. INHOFE) was added as a cosponsor sor of S. Res. 680, a resolution sup- public that a suspect is wanted. porting international tiger conserva- of S. 3804, a bill to combat online in- Currently there is no national alert tion efforts and the upcoming Global fringement, and for other purposes. system that provides immediate infor- Tiger Summit in St. Petersburg, Rus- S. 3805 mation to other law enforcement agen- sia. At the request of Mr. BINGAMAN, the cies, the media or the public at large. name of the Senator from Hawaii (Mr. AMENDMENT NO. 4705 Many states have created a state blue INOUYE) was added as a cosponsor of S. At the request of Mr. NELSON of Ne- alert system in an effort to better in- 3805, a bill to authorize the Attorney braska, the name of the Senator from form their local communities. For ex- General to award grants for States to Missouri (Mrs. MCCASKILL) was added ample, after the unfortunate murder of implement minimum and enhanced as a cosponsor of amendment No. 4705 Maryland State Trooper Wesley Brown, DNA collection processes. intended to be proposed to S. 3454, an Maryland Governor O’Malley imme- S. 3860 original bill to authorize appropria- diately signed an executive order es- tions for fiscal year 2011 for military At the request of Mrs. MCCASKILL, tablishing the Maryland blue alert sys- the names of the Senator from Massa- activities of the Department of De- tem. But Maryland is not alone. Flor- fense, for military construction, and chusetts (Mr. KERRY), the Senator from ida was the first state to implement for defense activities of the Depart- Maryland (Mr. CARDIN) and the Senator the alert system in 2008. They were fol- ment of Energy, to prescribe military from New Mexico (Mr. BINGAMAN) were lowed by Texas, Oklahoma, Alabama, added as cosponsors of S. 3860, a bill to personnel strengths for such fiscal Georgia, and Delaware. year, and for other purposes. require reports on the management of My bill creates a national blue alert Arlington National Cemetery. f program within the Department of Jus- S. 3874 STATEMENTS ON INTRODUCED tice. Currently, under the COPS tech- At the request of Mrs. BOXER, the BILLS AND JOINT RESOLUTIONS nology program, Congress authorizes names of the Senator from Oklahoma By Mr. CARDIN (for himself, Mr. funds for the continued development of (Mr. INHOFE), the Senator from Wis- technologies and automated systems GRAHAM, and Mr. LEAHY): consin (Mr. FEINGOLD) and the Senator S. 3972. A bill to encourage, enhance, that help tribal, state and local law en- from New Jersey (Mr. LAUTENBERG) and integrate Blue Alert plans forcement agencies prevent, respond were added as cosponsors of S. 3874, a throughout the United States in order to, and investigate crime. My bill au- bill to amend the Safe Drinking Act to to disseminate information when a law thorizes $10 million out of this program reduce lead in drinking water. enforcement officer is seriously injured to be appropriated for the creation of S. 3906 or killed in the line of duty; to the blue alert plans throughout the United At the request of Mr. ALEXANDER, the Committee on the Judiciary. States. This new technology will pro- name of the Senator from Hawaii (Mr. Mr. CARDIN. Mr. President, I rise vide police officers and other emer- INOUYE) was added as a cosponsor of S. today to introduce the National Blue gency units with the ability to react 3906, a bill to reduce preterm labor and Alert Act of 2010. quickly to apprehend violent offenders. delivery and the risk of pregnancy-re- Having just concluded Crime Preven- Based on the success of the AMBER lated deaths and complications due to tion month it is important to remem- Alert and the SILVER Alert, I believe pregnancy, and to reduce infant mor- ber our law enforcement officers that this BLUE Alert will be equally suc- tality caused by prematurity. put their lives on the line every day. cessful in helping to apprehend crimi- S. 3925 There are more than 900,000 police offi- nal suspects who have injured or killed At the request of Mr. BINGAMAN, the cers in the United States dedicated to our law enforcement officers. This leg- names of the Senator from Delaware stopping crime and making our com- islation has received the support of the (Mr. COONS) and the Senator from New munities safer. Every day they go out Fraternal Order of Police and the Con- Jersey (Mr. MENENDEZ) were added as onto the streets, and unfortunately be- cerns of Police Survivors National Of- cosponsors of S. 3925, a bill to amend come targets for criminals who have no fice. The Blue Alert will provide a val- the Energy Policy and Conservation regard for law and order. uable tool to our law enforcement offi- Act to improve the energy efficiency According to the National Law En- cials. I urge my colleagues to support of, and standards applicable to, certain forcement Officers Memorial Fund, of- this legislation.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8065 SUBMITTED RESOLUTIONS the European Union on an Association SENATE RESOLUTION 684—RECOG- Agreement between the European Union and NIZING THE 35TH ANNIVERSARY the Republic of Moldova, an important step OF THE ENACTMENT OF THE SENATE RESOLUTION 682—COM- towards European Union accession; EDUCATION FOR ALL HANDI- MENDING THE CHILDREN’S HOME Whereas, in order to comply with the cri- CAPPED CHILDREN ACT OF 1975 SOCIETY OF AMERICA teria of the Millennium Challenge Corpora- tion (MCC), the Government of Moldova im- Mr. HARKIN (for himself, Mr. ENZI, Mr. LEMIEUX submitted the fol- plemented far-reaching legal reforms to curb Mr. BROWN of Massachusetts, Mr. lowing resolution; which was referred corruption, introduce budgetary trans- BROWN of Ohio, Mr. CARDIN, Mr. COCH- to the Committee on the Judiciary: parency, and strengthen the capacity of civil RAN, Mr. DODD, Mr. DURBIN, Mrs. FEIN- S. RES. 682 society and the media, resulting in the suc- STEIN, Mr. FRANKEN, Mr. GREGG, Mr. Whereas, since 1885, the Children’s Home cessful conclusion of negotiations and the HATCH, Mrs. HUTCHISON, Mr. ISAKSON, Society of America (referred to in this pre- signing of an MCC Compact on January 22, Mr. JOHANNS, Mr. LAUTENBERG, Mr. amble as ‘‘CHSA’’) has made extraordinary 2010; MENENDEZ, Ms. MIKULSKI, Mrs. MUR- contributions to the well being of children Whereas the Government of Moldova initi- RAY, Mr. REED, Mr. ROBERTS, Mr. and families in the United States; ated a visa dialogue between the Republic of ROCKEFELLER, Mr. SANDERS, Mr. TEST- Moldova and the European Union aiming at Whereas more than 400,000 children have ER, Mr. UDALL of Colorado, Mr. VITTER, been placed in loving, permanent families by visa liberalization on June 15, 2010; Mr. VOINOVICH, Mr. WARNER, Mr. CHSA members across the United States; Whereas, on August 26, 2010, Secretary of WHITEHOUSE, Mr. BARRASSO, and Ms. Whereas CHSA members have aided in the State Hillary Clinton praised progress in creation of many successful and sustainable Moldova in ‘‘advancing transparent govern- MURKOWSKI) submitted the following programs that help children to be safe, ance, human rights, and economic reform’’; resolution; which was considered and healthy, and prepared for life; Whereas, on October 20, 2010, Reporters agreed to: Whereas the CHSA provides services to Without Borders reported an improvement in S. RES. 684 more than 570,000 children and families each the freedom of press in Moldova, with Whereas the Education for All Handi- year; Moldova rising from the 114th position in capped Children Act of 1975 (Public Law 94– Whereas the CHSA engages more than 2009 to the 75th position in 2010; 142) was signed into law 35 years ago on No- 12,500 volunteers to support the efforts of the Whereas, in November 2010, the Govern- vember 29; CHSA in finding permanent homes for chil- ment of Moldova concluded a treaty with Ro- Whereas the Education for All Handi- dren in foster care, building community mania important to the assertion of its sov- capped Children Act of 1975 established the schools, improving the health and mental Federal policy of ensuring that all children, health of children and families in the United ereignty and its future development; Whereas Assistant Secretary of State for regardless of the nature or severity of their States, providing temporary housing, and as- disability, have available to them a free ap- sisting foster youth to become successful European and Eurasian Affairs Philip H. Gordon noted in testimony before the Sub- propriate public education in the least re- adults; and strictive environment; committee on Europe of the Committee on Whereas CHSA members receive more than Whereas the Education of the Handicapped Foreign Affairs of the House of Representa- $90,000,000 annually in cash resources from Act (Public Law 91–230), as amended by the tives on June 16, 2009, ‘‘We will continue to individuals and corporations to support the Education for All Handicapped Children Act efforts of the CHSA: Now, therefore, be it work for a negotiated settlement of the sepa- of 1975, was further amended by the Edu- Resolved, That the Senate— ratist conflict in the Transnistria region cation of the Handicapped Act Amendments (1) commends the more than 6,700 staff and that provides for a whole and democratic of 1986 (Public Law 99-457) to create a pre- 12,500 volunteers of the Children’s Home So- Moldova and the withdrawal of Russian school grant program for children with dis- ciety of America for the dedication and com- forces.’’; and abilities 3 to 5 years of age and an early mitment of the Children’s Home Society of Whereas the Republic of Moldova has made intervention program for infants and tod- America to the children and families of the commitments to the Organization for Secu- dlers with disabilities from birth through United States; rity and Cooperation in Europe (OSCE) to age 2; (2) recognizes the Children’s Home Society conduct elections according to international Whereas the Education of the Handicapped of America for leveraging human, financial, standards: Now, therefore, be it Act Amendments of 1990 (Public Law 101–476) and material resources to carry out the mis- renamed the Education of the Handicapped Resolved, That the Senate— sion of the Children’s Home Society of Amer- Act as the Individuals with Disabilities Edu- (1) supports the development of an endur- ica of helping children and families to re- cation Act (IDEA) (20 U.S.C. 1400 et seq.); ing democratic political system and free main safe, healthy, and prepared for life; and Whereas IDEA was amended by the Indi- (3) encourages the continued efforts of the market economy in Moldova and a par- viduals with Disabilities Education Act staff and volunteers of the Children’s Homes liamentary election process on November 28, Amendments of 1997 (Public Law 105–17) to Society of America on behalf of the children 2010, that comports with international stand- ensure that children with disabilities have and families of the United States. ards of fairness and transparency; equal access to, and make progress in, the f (2) recognizes that the commitment of the general education curriculum and are in- Government of Moldova to economic and po- cluded in all general State and district-wide SENATE RESOLUTION 683—RECOG- litical reforms since 2009 has resulted in tan- assessment programs; NIZING THE RECENT ACCOM- gible progress towards integration into Euro- Whereas IDEA was amended by the Indi- PLISHMENTS OF THE PEOPLE pean institutions; viduals with Disabilities Education Improve- AND GOVERNMENT OF MOLDOVA (3) acknowledges that continued reform ment Act of 2004 (Public Law 108–446) to en- AND EXPRESSING SUPPORT FOR and commitment to a free and fair election sure that all children with disabilities have FREE AND TRANSPARENT PAR- process will remain necessary for Moldova’s available to them a free appropriate public LIAMENTARY ELECTIONS ON NO- full integration into the Western community education that emphasizes special education and related services designed to meet their VEMBER 28, 2010 of nations; (4) notes that continued reforms in individual needs and prepare them for fur- Mr. KERRY (for himself, Mr. LUGAR, Moldova could provide for an additional ther education, employment, and inde- and Mrs. HAGAN) submitted the fol- basis for the repeal of the Jackson-Vanik pendent living; Whereas IDEA currently serves an esti- lowing resolution; which was consid- trade restrictions; mated 342,000 infants and toddlers, 709,000 ered and agreed to: (5) encourages ongoing negotiations be- preschoolers, and 5,890,000 children 6 to 21 tween the European Union and the Republic S. RES. 683 years of age; Whereas, since independence 19 years ago, of Moldova concerning visa liberalization Whereas IDEA has opened neighborhood the people of Moldova have made extraor- and an Association Agreement; schools to students with disabilities and in- dinary progress in transitioning from au- (6) urges fulfillment by the Government of creased the number of children living in thoritarian government and a closed market Moldova of commitments it has made to the their communities instead of institutions; to a democratic government and market OSCE with respect to the free and fair con- Whereas the academic achievement of stu- economy; duct of its upcoming parliamentary elec- dents with disabilities has significantly in- Whereas, for 19 years, the constitution of tions; and creased since the enactment of IDEA; Moldova has guaranteed its citizens freedom (7) expresses the belief that the free and Whereas the number of children with dis- to emigrate confirmed by years of successive fair conduct of parliamentary elections in abilities who complete high school with a Presidential waivers concerning the Jack- Moldova will contribute to a strong and sta- standard diploma has grown significantly son-Vanik amendment; ble government that is responsive to the since the enactment of IDEA; Whereas, on January 12, 2010, the Govern- vital needs of its people. Whereas the number of children with dis- ment of Moldova initiated negotiations with abilities who enroll in institutions of higher

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8066 CONGRESSIONAL RECORD — SENATE November 18, 2010 education has more than tripled since the Whereas in 1996, bone marrow transplan- SENATE CONCURRENT RESOLU- enactment of IDEA; tation was discovered to improve the course TION 76—TO RECOGNIZE AND Whereas IDEA requires partnership among of sickle cell disease for select patients; HONOR THE COMMITMENT AND parents of children with disabilities and edu- Whereas in 1997, blood transfusions were SACRIFICES OF MILITARY FAMI- cation professionals in the design and imple- found to help prevent stroke in patients with mentation of the educational services pro- sickle cell disease; LIES OF THE UNITED STATES vided to children with disabilities; Whereas the introduction of pneumococcal Mrs. BOXER (for herself, Mr. BURR, Whereas the achievement of students with vaccine in 2000 revolutionized the prevention Mrs. MURRAY, Mr. KERRY, Mr. BENNET, disabilities is integrally linked with the suc- of lethal infections in children and adults Mr. PRYOR, Mr. DURBIN, Mr. NELSON of cessful alignment of special and general edu- with sickle cell disease; Nebraska, Ms. MURKOWSKI, Mr. cation systems; Whereas the first mouse model dem- Whereas IDEA has increased the quality of onstrating the usefulness of genetic therapy JOHANNS, Mr. LAUTENBERG, Ms. research in effective teaching practices for for sickle cell disease was developed in 2001; KLOBUCHAR, Mrs. SHAHEEN, Mr. students with disabilities; and Whereas in 2007, scientists from the Uni- LIEBERMAN, Mrs. LINCOLN, Mr. SAND- Whereas IDEA continues to serve as the versity of Alabama at Birmingham and the ERS, Mr. BEGICH, Mr. BROWN of Massa- framework to marshal the resources of this Massachusetts Institute of Technology de- chusetts, and Mr. BAUCUS) submitted Nation to implement the promise of full par- veloped an animal model for curing sickle the following concurrent resolution; ticipation in society of children with disabil- cell disease; which was considered and agreed to: ities: Now, therefore, be it Whereas improvements in treatments have Resolved, That the Senate— substantially improved quality of life for pa- S. CON. RES. 76 (1) recognizes the 35th anniversary of the tients with sickle cell disease and led to an Whereas the month of November marks enactment of the Education for All Handi- increase in overall life expectancy from 14 Military Family Month; capped Children Act of 1975 (Public Law 94– years in 1973 to the mid to late 40s in 2010; Whereas the freedom and security the citi- 142); and zens of the United States enjoy today are a (2) acknowledges the many and varied con- Whereas the National Institutes of Health result of the continued dedication and vigi- tributions of children with disabilities and sponsored a symposium on November 16 and lance of the Armed Forces throughout the their parents, teachers, related services per- 17, 2010, to commemorate the 100th anniver- history of the United States; sonnel, and administrators; and sary of Dr. James Herrick’s initial descrip- Whereas the security of the United States (3) reaffirms its support for the Individuals tion of sickle cell disease: Now, therefore, be depends on the readiness and retention of the with Disabilities Education Act so that all it men and women of the Armed Forces, a force comprised of active, National Guard, and Re- children with disabilities have access to a Resolved, That the Senate— free appropriate public education in the least serve personnel; (1) recognizes the contributions of the bio- Whereas military families are an integral restrictive environment and the opportunity medical research community to the improve- to benefit from the general education cur- source of strength for the Soldiers, Sailors, ment in diagnosis and treatment of sickle Marines, Airmen, and Coastguardsmen of the riculum and be prepared for further edu- cell disease; and cation, employment, and independent living. United States, and have continually proven (2) commemorates the 100th anniversary of their dedication, service, and willingness to f the discovery of sickle cell disease in Novem- make great sacrifices in support of service ber 1910. members of the United States; SENATE RESOLUTION 685—COM- Whereas military families often endure MEMORATING THE 100TH ANNI- f unique circumstances that are central to VERSARY OF THE DISCOVERY OF military life, including long separations SICKLE CELL DISEASE BY DR. SENATE CONCURRENT RESOLU- from their loved ones, the uncertainty and JAMES B. HERRICK demands of multiple deployments, school TION 75—AUTHORIZING THE USE and job transfers, and frequent moves from Mr. CARDIN (for himself and Mr. OF THE ROTUNDA OF THE CAP- communities where they have established COCHRAN) submitted the following reso- ITOL FOR AN EVENT MARKING roots and relationships; lution; which was considered and THE 50TH ANNIVERSARY OF THE Whereas military family members have be- agreed to: INAUGURAL ADDRESS OF PRESI- come the central support system for each S. RES. 685 DENT JOHN F. KENNEDY other as they reinforce units through family Whereas sickle cell disease is an inherited readiness efforts and initiatives, support disorder that affects red blood cells leading Mr. KERRY submitted the following service members within the units, and reach to significant morbidity and mortality in resolution; which was considered and out to the families whose loved ones have nearly 80,000 people in the United States; agreed to: been deployed; and Whereas sickle cell disease causes blockage Whereas it is important to recognize the of small blood vessels which can lead to tis- S. CON. RES. 75 sacrifices, support, and dedication of the sue damage resulting in severe pain, infec- Whereas John Fitzgerald Kennedy was families of the men and women who serve in tion, or stroke; elected to the United States House of Rep- the Armed Forces; Now, therefore be it Resolved by the Senate (the House of Rep- Whereas scientific breakthroughs over the resentatives and served from January 3, 1947, resentatives concurring), That Congress— past century have improved the lives of mil- to January 3, 1953, until he was elected by (1) recognizes the commitment and ever-in- lions of people suffering from sickle cell dis- the Commonwealth of Massachusetts to the creasing sacrifices military families make ease; Senate where he served from January 3, 1953, every day during the current era of pro- Whereas scientific advances in treatment to December 22, 1960; tracted conflict; for sickle cell disease began with Dr. James Whereas on November 8, 1960, John Fitz- (2) honors the families of the Armed Forces B. Herrick, an attending physician at Pres- gerald Kennedy was elected as the 35th and thanks the families for their dedication byterian Hospital and professor of medicine President of the United States; and and service to the United States; and at Rush Medical College in Chicago, Illinois, Whereas on January 20, 1961, President (3) encourages the citizens of the United who discovered sickle cell disease and pub- Kennedy was sworn in as President of the States to recognize, commemorate, and lished the first recorded case in Western United States and delivered his inaugural ad- honor the role and contribution of the mili- medical literature in November of 1910 in the dress at 12:51 pm, a speech that served as a tary family, including selfless service that journal Annals of Internal Medicine; clarion call to service for the Nation: Now, ensures freedom and preserves the quality of Whereas the hemoglobin mutation respon- therefore, be it life in the United States. sible for sickle cell disease was discovered by Resolved by the Senate (the House of Rep- Linus Pauling in 1950; f resentatives concurring), Whereas penicillin was proven to be effec- AMENDMENTS SUBMITTED AND tive as a preventative strategy against pneu- SECTION 1. USE OF THE ROTUNDA OF THE CAP- PROPOSED mococcal infection in 1986, sparing patients ITOL FOR AN EVENT HONORING with sickle cell disease from contracting this PRESIDENT KENNEDY. SA 4708. Mr. PRYOR submitted an amend- particularly dangerous infection; The rotunda of the United States Capitol is ment intended to be proposed by him to the Whereas in 1995, the National Heart, Lung, authorized to be used on January 20, 2011, for bill S. 510, to amend the Federal Food, Drug, and Blood Institute reported the first effec- and Cosmetic Act with respect to the safety a ceremony in honor of the 50th anniversary tive drug treatment for adults with severe of the food supply; which was ordered to lie sickle cell disease; of the inaugural address of President John F. on the table. Whereas the anticancer drug hydroxyurea Kennedy. Physical preparations for the con- SA 4709. Ms. LANDRIEU submitted an was found to reduce the frequency of painful duct of the ceremony shall be carried out in amendment intended to be proposed by her crises of sickle cell disease and patients tak- accordance with such conditions as may be to the bill S. 510, supra; which was ordered to ing the drug needed fewer blood transfusions; prescribed by the Architect of the Capitol. lie on the table.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8067 SA 4710. Mr. CORKER submitted an amend- sure timely, informed consideration of the following shall apply to the importer of such ment intended to be proposed by him to the most current science; seafood, notwithstanding section 801: bill S. 510, supra; which was ordered to lie on ‘‘(8) encourage such Administration to par- ‘‘(1) In the case of a first such violation by the table. ticipate in international and national con- an importer, the Secretary shall impose a SA 4711. Mr. REID (for Mr. BAUCUS (for sensus standards activities; and fine upon the importer, in an amount deter- himself and Mr. GRASSLEY)) proposed an ‘‘(9) carry out other activities that the mined by the Secretary. amendment to the bill H.R. 5712, entitled Secretary determines are necessary and con- ‘‘(2) In the case of a second such violation ‘‘The Physician Payment and Therapy Relief sistent with the purposes described in para- by an importer, the Secretary shall ban such Act of 2010’’. graphs (1) through (8). importer from importing or offering for im- SA 4712. Mr. REID (for Mr. BAUCUS) pro- ‘‘(c) PROGRAM ADMINISTRATION.— port into the United States seafood until the posed an amendment to the bill H.R. 5712, ‘‘(1) PROGRAM MANAGER.—In carrying out importer provides substantiating evidence supra. the program under this section, the Sec- that seafood imported or offered for import SA 4713. Mr. BAUCUS submitted an amend- retary shall designate a program manager by such importer does not contain any sub- ment intended to be proposed by him to the who shall supervise the planning, manage- stance banned by the Food and Drug Admin- bill S. 510, to amend the Federal Food, Drug, ment, and coordination of the program. istration for use in food. and Cosmetic Act with respect to the safety ‘‘(2) DUTIES.—The program manager shall— ‘‘(3) In the case of a third such violation, of the food supply; which was ordered to lie ‘‘(A) develop a detailed strategic plan for the Secretary shall permanently ban the im- on the table. achieving specific short- and long-term tech- porter from importing or offering for import SA 4714. Mr. REID submitted an amend- nical goals for the program; into the United States seafood.’’. ment intended to be proposed by him to the ‘‘(B) coordinate and integrate the strategic (b) INSPECTION OF IMPORTED SEAFOOD.— bill S. 510, supra; which was ordered to lie on plan with investments by the Food and Drug (1) IN GENERAL.—Section 801 (21 U.S.C. 381), the table . Administration and other departments and as amended by section 303, is further amend- ed by adding at the end the following: SA 4715. Mr. REID (for Mr. HARKIN) pro- agencies participating in the National Nano- ‘‘(r) The Secretary shall inspect not less posed an amendment to the bill S. 510, supra. technology Initiative; and than 20 percent of all seafood imported or of- ‘‘(C) develop intramural Administration f fered for import into the United States.’’. programs, contracts, memoranda of agree- (2) EFFECTIVE DATE.—The amendment ment, joint funding agreements, and other TEXT OF AMENDMENTS made by paragraph (1) shall take effect on cooperative arrangements necessary for January 1, 2015. SA 4708. Mr. PRYOR submitted an meeting the long-term challenges and amendment intended to be proposed by SEC. 312. REGISTRATION FOR COMMERCIAL IM- achieving the specific technical goals of the PORTERS OF FOOD. him to the bill S. 510, to amend the program. (a) PROHIBITIONS.—Section 301 (21 U.S.C. Federal Food, Drug, and Cosmetic Act ‘‘(d) REPORTS.—The Secretary shall submit 331), as amended by section 301(b) of this Act, with respect to the safety of the food to the National Science and Technology is further amended by adding at the end the supply; which was ordered to lie on the Council information on the program under following: table; as follows: this section, including the information re- ‘‘(aaa) the failure to register in accordance quired to be provided by the National Re- with section 801(s).’’. At the end of title IV, add the following: search Council in the annual report de- (b) MISBRANDING.—Section 403 (21 U.S.C. SEC. 405. NANOTECHNOLOGY PROGRAM. scribed in section 2(d) of the 21st Century 343) is amended by adding at the end the fol- Chapter X of the Federal Food, Drug, and Nanotechnology Research and Development lowing: Cosmetic Act (21 U.S.C. 391 et seq.) is amend- Act (15 U.S.C. 7501(d)). ‘‘(z) If it is imported or offered for import ed by adding at the end the following: ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— by an importer not duly registered under ‘‘SEC. 1012. NANOTECHNOLOGY PROGRAM. There are authorized to be appropriated such section 801(s).’’. (c) REGISTRATION.—Section 801 (21 U.S.C. ‘‘(a) IN GENERAL.—Not later than 180 days sums as necessary to carry out this sec- 381), as amended by section 310 of this Act, is after the date of enactment of the FDA Food tion.’’. further amended by adding at the end the Safety Modernization Act, the Secretary of SA 4709. Ms. LANDRIEU submitted following: Health and Human Services, in consultation ‘‘(s) REGISTRATION OF IMPORTERS.— an amendment intended to be proposed with the Secretary of Agriculture, shall es- ‘‘(1) IN GENERAL.—The Secretary shall re- tablish within the Food and Drug Adminis- by her to the bill S. 510, to amend the quire an importer of food to be registered tration a program for the scientific inves- Federal Food, Drug, and Cosmetic Act with the Secretary in a form and manner tigation of nanoscale materials included or with respect to the safety of the food specified by the Secretary. intended for inclusion in FDA-regulated supply; which was ordered to lie on the ‘‘(2) CONDITIONS OF REGISTRATION.—As a products, to address the potential toxicology table; as follows: condition of registration under paragraph of such materials, the effects of such mate- (1), an importer shall demonstrate to the At the end of title III, insert the following: rials on biological systems, and interaction Secretary that: of such materials with biological systems. SEC. 310. RESTRICTION ON PARTICIPATION IN ‘‘(A) the importer has fully disclosed to the ‘‘(b) PROGRAM PURPOSES.—The purposes of VOLUNTARY QUALIFIED IMPORTER Secretary all ownership interests in the im- PROGRAM. the program established under subsection (a) porter; shall be to— Section 806 of the Federal Food, Drug, and ‘‘(B) the importer has sufficiently complied ‘‘(1) assess scientific literature and data on Cosmetic Act (as added by section 302), is with U.S. food safety and trade laws; general nanoscale material interactions with amended— ‘‘(C) the importer has submitted appro- biological systems and on specific nanoscale (1) by redesignating subsections (e) priate unique facility identifiers required materials of concern to Food and Drug Ad- through (g) as subsections (f) through (h), re- under section 1012; ministration; spectively; and ‘‘(D) there is no reason to believe that the ‘‘(2) develop and organize information (2) by inserting after subsection (d) the fol- importer is not likely to engage in good im- using databases and models that will enable lowing: porter practices described in paragraph (3); the formulation of generalized principles for ‘‘(e) RESTRICTION ON PARTICIPATION.—Not- and the behavior of classes of nanoscale mate- withstanding section 307 of the Tariff Act of ‘‘(E) the importer has sufficiently dem- rials with biological systems; 1930, the Secretary shall deny entry into the onstrated or provided information regarding ‘‘(3) promote intramural Administration United States under the program described any other requirement deemed necessary for programs and participate in collaborative ef- in this section of any food exported from a registration by the Secretary.’’ forts, to further the understanding of the country listed by the Bureau of Inter- ‘‘(3) GOOD IMPORTER PRACTICES.—The ini- science of novel properties at the nanoscale national Labor Affairs of the Department of tial grant and subsequent maintenance of that might contribute to toxicity; Labor in the ‘List of Goods Produced by registration under this subsection is condi- ‘‘(4) promote and participate in collabo- Child Labor or Forced Labor’ for the most tioned on compliance with good importer rative efforts to further the understanding of recent reporting period as a country that practices in accordance with the following: measurement and detection methods for produces food with the use of child or forced ‘‘(A) The Secretary, in consultation with nanoscale materials; labor.’’. Customs and Border Protection, shall pro- ‘‘(5) collect, synthesize, interpret, and dis- SEC. 311. IMPORTED SEAFOOD. mulgate regulations to establish good im- seminate scientific information and data re- (a) PENALTIES FOR THE IMPORT OF SEAFOOD porter practices that specify the measures an lated to the interactions of nanoscale mate- CONTAINING BANNED SUBSTANCES.—Section importer shall take to ensure imported food rials with biological systems; 303 (21 U.S.C. 333) is amended by adding at is in compliance with the requirements of ‘‘(6) build scientific expertise on nanoscale the end the following: this Act. materials within such Administration; ‘‘(h) If the Secretary finds that seafood im- ‘‘(B) The measures under subparagraph (A) ‘‘(7) ensure ongoing training, as well as dis- ported or offered for import into the United shall ensure that the importer of a food— semination of new information within the States contains a substance that has been ‘‘(i) has adequate information about the centers of such Administration, and more banned by the Food and Drug Administra- food, hazards of the food, and the require- broadly across such Administration, to en- tion for use in food in the United States, the ments of this Act applicable to such food;

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‘‘(ii) has adequate information or proce- (f) EFFECTIVE DATE.—The amendments 1848(c)(2)(B)(v) of the Social Security Act (42 dures in place to verify that both the food made by this section shall take effect on the U.S.C. 1395w–4(c)(2)(B)(v)) is amended by add- and each person that produced, manufac- date that is 180 days after the date of enact- ing at the end the following new subclause: tured, processed, packed, transported, or ment of this Act. ‘‘(VII) REDUCED EXPENDITURES FOR MUL- held the food, including components of the TIPLE THERAPY SERVICES.—Effective for fee food, are in compliance with the require- SA 4710. Mr. CORKER submitted an schedules established beginning with 2011, re- ments of this Act; and amendment intended to be proposed by duced expenditures attributable to the mul- ‘‘(iii) has adequate procedures in place to him to the bill S. 510, to amend the tiple procedure payment reduction for ther- take corrective action, such as the ability to Federal Food, Drug, and Cosmetic Act apy services (as described in subsection appropriately trace, withhold, and recall ar- with respect to the safety of the food (b)(7)).’’. ticles of food, if a food imported by the im- SEC. 4. DETERMINATION OF BUDGETARY EF- porter is not in compliance with the require- supply; which was ordered to lie on the FECTS. ments of this Act. table; as follows: The budgetary effects of this Act, for the ‘‘(4) SUSPENSION OF REGISTRATION.—Reg- At the end of title IV, add the following: purpose of complying with the Statutory istration under this subsection is subject to SEC. 405. RESCISSION OF UNSPENT FEDERAL Pay-As-You-Go Act of 2010, shall be deter- suspension upon a finding by the Secretary, FUNDS TO OFFSET NEW SPENDING. mined by reference to the latest statement after notice and an opportunity for an infor- (a) IN GENERAL.—Notwithstanding any titled ‘‘Budgetary Effects of PAYGO Legisla- mal hearing, of— other provision of law, there are hereby re- tion’’ for this Act, submitted for printing in ‘‘(A) a violation of this Act; or scinded from all available unobligated funds, the Congressional Record by the Chairman of ‘‘(B) the knowing or repeated making of an such appropriated discretionary funds as the Senate Budget Committee, provided that inaccurate or incomplete statement or sub- may be necessary to offset amounts ex- such statement has been submitted prior to mission of information relating to the im- pended to carry out this Act (including any the vote on passage. portation of food.’’ amendments made by this Act). AUCUS ‘‘(5) CANCELLATION OF REGISTRATION.— (b) IMPLEMENTATION.—The Director of the SA 4712. Mr. REID (for Mr. B ) ‘‘(A) IN GENERAL.—Not earlier than 10 days Office of Management and Budget shall de- proposed an amendment to the bill after providing the notice under subpara- termine and identify from which appropria- H.R. 5712, entitled ‘‘The Physician Pay- graph (B), the Secretary shall cancel a reg- tion accounts the rescission under sub- ment and Therapy Relief Act of 2010’’; istration that the Secretary determines was section (a) shall apply and the amount of as follows: not updated in accordance with this section such rescission that shall apply to each such Amend the title so as to read: or otherwise contains false, incomplete, or account. Not later than 60 days after the An act entitled ‘‘The Physician Payment inaccurate information. date of the enactment of this Act, the Direc- and Therapy Relief Act of 2010’’. ‘‘(B) NOTICE OF CANCELLATION.—Cancella- tor of the Office of Management and Budget tion shall be preceded by notice to the im- shall submit a report to the Secretary of the SA 4713. Mr. BAUCUS submitted an porter of the intent to cancel the registra- Treasury and Congress of the accounts and amendment intended to be proposed by tion and the basis for such cancellation. amounts determined and identified for re- him to the bill S. 510, to amend the ‘‘(C) TIMELY UPDATE OR CORRECTION.—If the scission under the preceding sentence. Federal Food, Drug, and Cosmetic Act registration for the importer is updated or (c) EXCEPTION.—This section shall not with respect to the safety of the food corrected not later than 7 days after notice apply to the unobligated funds of the Depart- supply; which was ordered to lie on the is provided under subparagraph (B), the Sec- ment of Defense or the Department of Vet- retary shall not cancel such registration. erans Affairs. table; as follows: ‘‘(6) EXEMPTIONS.—The Secretary, by no- Strike all after the enacting clause and in- tice published in the Federal Register— SA 4711. Mr. REID (for Mr. BAUCUS sert the following: ‘‘(A) shall establish an exemption from the (for himself and Mr. GRASSLEY)) pro- SECTION 1. SHORT TITLE. requirements of this subsection for importa- posed an amendment to the bill H.R. This Act may be cited as the ‘‘Small Busi- tions for personal use; and 5712, entitled ‘‘The Physician Payment ness Paperwork Relief Act’’. ‘‘(B) may establish other exemptions from and Therapy Relief Act of 2010’’, as fol- SEC. 2. REPEAL OF EXPANSION OF INFORMATION the requirements of this subsection.’’ REPORTING REQUIREMENTS. (d) UNIQUE IDENTIFICATION NUMBER FOR IM- lows: (a) REPEAL OF PAYMENTS FOR PROPERTY PORTERS.— Strike all after the enacting clause and in- AND OTHER GROSS PROCEEDS.—Subsection (b) (1) IN GENERAL.—Chapter X (21 U.S.C. 391 et sert the following: of section 9006 of the Patient Protection and seq) is amended by adding at the end the fol- SECTION 1. SHORT TITLE. Affordable Care Act, and the amendments lowing: This Act may be cited as the ‘‘The Physi- made thereby, are hereby repealed; and the ‘‘SEC. 1012. UNIQUE FACILITY IDENTIFIER. cian Payment and Therapy Relief Act of Internal Revenue Code of 1986 shall be ap- ‘‘(a) REGISTRATION OF IMPORTERS.—A per- 2010’’. plied as if such subsection, and amendments, had never been enacted. son required to register pursuant to section SEC. 2. PHYSICIAN PAYMENT UPDATE. (b) REPEAL OF APPLICATION TO CORPORA- 801(s) shall submit, at the time of registra- Section 1848(d)(11) of the Social Security TIONS; APPLICATION OF REGULATORY AUTHOR- tion, a unique facility identifier for the prin- Act (42 U.S.C. 1395w–4(d)(11)) is amended— cipal place of business for which such person ITY.— (1) in the heading, by striking ‘‘NOVEMBER’’ is required to register under section 801(s). (1) IN GENERAL.—Section 6041 of the Inter- and inserting ‘‘DECEMBER’’; ‘‘(b) GUIDANCE.—The Secretary may, by nal Revenue Code of 1986, as amended by sec- (2) in subparagraph (A), by striking ‘‘No- guidance, and in consultation with the Com- tion 9006(a) of the Patient Protection and Af- vember 30’’ and inserting ‘‘December 31’’; and missioner responsible for Customs and Bor- fordable Care Act and section 2101 of the (3) in subparagraph (B)— der Protection, specify the unique numerical Small Business Jobs Act of 2010, is amended (A) in the heading, by striking ‘‘REMAINING identifier system to be used to meet the re- by striking subsections (i) and (j) and insert- quirements of subsection (a) and the form, PORTION OF 2010’’ and inserting ‘‘2011’’; and ing the following new subsection: manner, and timing of a submission under (B) by striking ‘‘the period beginning on ‘‘(i) REGULATIONS.—The Secretary may such subsection. Development of such guide- December 1, 2010, and ending on December 31, prescribe such regulations and other guid- lines shall take into account the utilization 2010, and for’’. ance as may be appropriate or necessary to of existing unique identification schemes SEC. 3. TREATMENT OF MULTIPLE SERVICE PAY- carry out the purposes of this section, in- and compatibility with customs automated MENT POLICIES FOR THERAPY cluding rules to prevent duplicative report- systems, such as integration with the Auto- SERVICES. ing of transactions.’’. mated Commercial Environment and the (a) SMALLER PAYMENT DISCOUNT FOR CER- (2) EFFECTIVE DATE.—The amendments International Trade Data System, and any TAIN MULTIPLE THERAPY SERVICES.—Section made by this subsection shall apply to pay- successor systems. 1848(b) of the Social Security Act (42 U.S.C. ments made after December 31, 2010. ‘‘(c) IMPORTATION.—An article of food im- 1395w–4(b)) is amended by adding at the end ported or offered for import shall be refused the following new paragraph: SA 4714. Mr. REID submitted an admission unless the appropriate unique fa- ‘‘(7) ADJUSTMENT IN DISCOUNT FOR CERTAIN amendment intended to be proposed by cility identifiers, as specified by the Sec- MULTIPLE THERAPY SERVICES.—In the case of him to the bill S. 510, to amend the retary, are provided for such article.’’. therapy services furnished on or after Janu- Federal Food, Drug, and Cosmetic Act (e) REGULATIONS.—Not later than 1 year ary 1, 2011, and for which payment is made after the date of enactment of this Act, the under fee schedules established under this with respect to the safety of the food Secretary of Health and Human Services, in section, instead of the 25 percent multiple supply; which was ordered to lie on the consultation with the Commissioner of Cus- procedure payment reduction specified in the table; as follows: toms and Border Protection, shall promul- final rule published by the Secretary in the At the appropriate place, insert the fol- gate the regulations required to carry out Federal Register on November 29, 2010, the lowing: sections 801(s) and 1012 of the Federal Food, reduction percentage shall be 20 percent.’’. SEC. l FISCAL YEARS 2011 THROUGH 2013 EAR- Drug, and Cosmetic Act, as added by sub- (b) EXEMPTION OF PAYMENT REDUCTION MARK MORATORIUM. sections (c) and (d). FROM BUDGET-NEUTRALITY.—Section (a) BILLS AND JOINT RESOLUTIONS.—

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(1) POINT OF ORDER.—It shall not be in which the total funding provided for ear- Sec. 305. Building capacity of foreign gov- order to— marks do not exceed the amount provided for ernments with respect to food (A) consider a bill or joint resolution re- such purposes in 2009.’’ safety. ported by any committee or a bill or joint Sec. 306. Inspection of foreign food facilities. resolution reported by any committee with a SA 4715. Mr. REID (for Mr. HARKIN) Sec. 307. Accreditation of third-party audi- report that includes an earmark, limited tax proposed an amendment to the bill S. tors. benefit, or limited tariff benefit; or 510, to amend the Federal Food, Drug, Sec. 308. Foreign offices of the Food and Drug Administration. (B) a Senate bill or joint resolution not re- and Cosmetic Act with respect to the ported by committee that includes an ear- Sec. 309. Smuggled food. mark, limited tax benefit, or limited tariff safety of the food supply; as follows: TITLE IV—MISCELLANEOUS PROVISIONS Strike all after the enacting clause and in- benefit. Sec. 401. Funding for food safety. sert the following: (2) RETURN TO THE CALENDAR.—If a point of Sec. 402. Employee protections. order is sustained under this subsection, the SECTION 1. SHORT TITLE; REFERENCES; TABLE Sec. 403. Jurisdiction; authorities. bill or joint resolution shall be returned to OF CONTENTS. Sec. 404. Compliance with international the calendar until compliance with this sub- (a) SHORT TITLE.—This Act may be cited as agreements. section has been achieved. the ‘‘FDA Food Safety Modernization Act’’. Sec. 405. Determination of budgetary ef- (b) CONFERENCE REPORT.— (b) REFERENCES.—Except as otherwise fects. (1) POINT OF ORDER.—It shall not be in specified, whenever in this Act an amend- TITLE I—IMPROVING CAPACITY TO order to vote on the adoption of a report of ment is expressed in terms of an amendment PREVENT FOOD SAFETY PROBLEMS to a section or other provision, the reference a committee of conference if the report in- SEC. 101. INSPECTIONS OF RECORDS. cludes an earmark, limited tax benefit, or shall be considered to be made to a section (a) IN GENERAL.—Section 414(a) (21 U.S.C. limited tariff benefit. or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). 350c(a)) is amended— (2) RETURN TO THE CALENDAR.—If a point of (1) by striking the heading and all that fol- (c) TABLE OF CONTENTS.—The table of con- order is sustained under this subsection, the lows through ‘‘of food is’’ and inserting the conference report shall be returned to the tents for this Act is as follows: following: ‘‘RECORDS INSPECTION.— calendar. Sec. 1. Short title; references; table of con- ‘‘(1) ADULTERATED FOOD.—If the Secretary (c) FLOOR AMENDMENT.—It shall not be in tents. has a reasonable belief that an article of order to consider an amendment to a bill or TITLE I—IMPROVING CAPACITY TO food, and any other article of food that the joint resolution if the amendment contains PREVENT FOOD SAFETY PROBLEMS Secretary reasonably believes is likely to be an earmark, limited tax benefit, or limited affected in a similar manner, is’’; tariff benefit. Sec. 101. Inspections of records. Sec. 102. Registration of food facilities. (2) by inserting ‘‘, and to any other article (d) AMENDMENT BETWEEN THE HOUSES.— Sec. 103. Hazard analysis and risk-based pre- of food that the Secretary reasonably be- (1) IN GENERAL.—It shall not be in order to lieves is likely to be affected in a similar consider an amendment between the Houses ventive controls. manner,’’ after ‘‘relating to such article’’; if that amendment includes an earmark, lim- Sec. 104. Performance standards. (3) by striking the last sentence; and ited tax benefit, or limited tariff benefit. Sec. 105. Standards for produce safety. Sec. 106. Protection against intentional (4) by inserting at the end the following: (2) RETURN TO THE CALENDAR.—If a point of SE OF OR EXPOSURE TO FOOD OF CON- order is sustained under this subsection, the adulteration. ‘‘(2) U CERN.—If the Secretary believes that there is amendment between the Houses shall be re- Sec. 107. Authority to collect fees. a reasonable probability that the use of or turned to the calendar until compliance with Sec. 108. National agriculture and food de- exposure to an article of food, and any other this subsection has been achieved. fense strategy. article of food that the Secretary reasonably (e) WAIVER.—Any Senator may move to Sec. 109. Food and Agriculture Coordinating waive any or all points of order under this Councils. believes is likely to be affected in a similar section by an affirmative vote of two-thirds Sec. 110. Building domestic capacity. manner, will cause serious adverse health of the Members, duly chosen and sworn. Sec. 111. Sanitary transportation of food. consequences or death to humans or animals, (f) DEFINITIONS.—For the purpose of this Sec. 112. Food allergy and anaphylaxis man- each person (excluding farms and res- section— agement. taurants) who manufactures, processes, (1) the term ‘‘earmark’’ means a provision Sec. 113. New dietary ingredients. packs, distributes, receives, holds, or im- or report language included primarily at the Sec. 114. Requirement for guidance relating ports such article shall, at the request of an request of a Senator or Member of the House to post harvest processing of officer or employee duly designated by the of Representatives providing, authorizing, or raw oysters. Secretary, permit such officer or employee, recommending a specific amount of discre- Sec. 115. Port shopping. upon presentation of appropriate credentials tionary budget authority, credit authority, Sec. 116. Alcohol-related facilities. and a written notice to such person, at rea- or other spending authority for a contract, TITLE II—IMPROVING CAPACITY TO DE- sonable times and within reasonable limits loan, loan guarantee, grant, loan authority, TECT AND RESPOND TO FOOD SAFETY and in a reasonable manner, to have access or other expenditure with or to an entity, or PROBLEMS to and copy all records relating to such arti- targeted to a specific State, locality or Con- cle and to any other article of food that the Sec. 201. Targeting of inspection resources Secretary reasonably believes is likely to be gressional district, other than through a for domestic facilities, foreign statutory or administrative formula-driven affected in a similar manner, that are needed facilities, and ports of entry; to assist the Secretary in determining or competitive award process; annual report. (2) the term ‘‘limited tax benefit’’ means whether there is a reasonable probability Sec. 202. Laboratory accreditation for anal- that the use of or exposure to the food will any revenue provision that— yses of foods. (A) provides a Federal tax deduction, cred- cause serious adverse health consequences or Sec. 203. Integrated consortium of labora- death to humans or animals. it, exclusion, or preference to a particular tory networks. beneficiary or limited group of beneficiaries ‘‘(3) APPLICATION.—The requirement under Sec. 204. Enhancing tracking and tracing of paragraphs (1) and (2) applies to all records under the Internal Revenue Code of 1986; and food and recordkeeping. (B) contains eligibility criteria that are relating to the manufacture, processing, Sec. 205. Surveillance. packing, distribution, receipt, holding, or not uniform in application with respect to Sec. 206. Mandatory recall authority. potential beneficiaries of such provision; and importation of such article maintained by or Sec. 207. Administrative detention of food. on behalf of such person in any format (in- (3) the term ‘‘limited tariff benefit’’ means Sec. 208. Decontamination and disposal a provision modifying the Harmonized Tariff cluding paper and electronic formats) and at standards and plans. any location.’’. Schedule of the United States in a manner Sec. 209. Improving the training of State, (b) CONFORMING AMENDMENT.—Section that benefits 10 or fewer entities. local, territorial, and tribal (g) FISCAL YEARS 2011 THROUGH 2013.—The 704(a)(1)(B) (21 U.S.C. 374(a)(1)(B)) is amended food safety officials. by striking ‘‘section 414 when’’ and all that point of order under this section shall only Sec. 210. Enhancing food safety. apply to legislation providing or authorizing follows through ‘‘subject to’’ and inserting Sec. 211. Improving the reportable food reg- ‘‘section 414, when the standard for records discretionary budget authority, credit au- istry. thority or other spending authority, pro- inspection under paragraph (1) or (2) of sec- viding a federal tax deduction, credit, or ex- TITLE III—IMPROVING THE SAFETY OF tion 414(a) applies, subject to’’. clusion, or modifying the Harmonized Tariff IMPORTED FOOD SEC. 102. REGISTRATION OF FOOD FACILITIES. Schedule in fiscal years 2011 through 2013. Sec. 301. Foreign supplier verification pro- (a) UPDATING OF FOOD CATEGORY REGULA- (h) APPLICATION.—This rule shall not apply gram. TIONS; BIENNIAL REGISTRATION RENEWAL.— to any authorization of appropriations to a Sec. 302. Voluntary qualified importer pro- Section 415(a) (21 U.S.C. 350d(a)) is amend- Federal entity if such authorization is not gram. ed— specifically targeted to a State, locality, or Sec. 303. Authority to require import certifi- (1) in paragraph (2), by— congressional district. cations for food. (A) striking ‘‘conducts business and’’ and (i) This rule shall not apply to any bill, Sec. 304. Prior notice of imported food ship- inserting ‘‘conducts business, the e-mail ad- conference report or joint resolution in ments. dress for the contact person of the facility

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8070 CONGRESSIONAL RECORD — SENATE November 18, 2010 or, in the case of a foreign facility, the retary shall promptly vacate the order and (1) Section 301(d) (21 U.S.C. 331(d)) is United States agent for the facility, and’’; reinstate the registration of the facility sub- amended by inserting ‘‘415,’’ after ‘‘404,’’. and ject to the order or modify the order, as ap- (2) Section 415(d), as redesignated by sub- (B) inserting ‘‘, or any other food cat- propriate. section (b), is amended by adding at the end egories as determined appropriate by the ‘‘(4) EFFECT OF SUSPENSION.—If the reg- before the period ‘‘for a facility to be reg- Secretary, including by guidance’’ after istration of a facility is suspended under this istered, except with respect to the reinstate- ‘‘Code of Federal Regulations’’; subsection, no person shall import or export ment of a registration that is suspended (2) by redesignating paragraphs (3) and (4) food into the United States from such facil- under subsection (b)’’. as paragraphs (4) and (5), respectively; and ity, offer to import or export food into the SEC. 103. HAZARD ANALYSIS AND RISK-BASED (3) by inserting after paragraph (2) the fol- United States from such facility, or other- PREVENTIVE CONTROLS. lowing: wise introduce food from such facility into (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 ‘‘(3) BIENNIAL REGISTRATION RENEWAL.— interstate or intrastate commerce in the et seq.) is amended by adding at the end the During the period beginning on October 1 United States. following: and ending on December 31 of each even- ‘‘(5) REGULATIONS.— ‘‘SEC. 418. HAZARD ANALYSIS AND RISK-BASED numbered year, a registrant that has sub- ‘‘(A) IN GENERAL.—The Secretary shall pro- PREVENTIVE CONTROLS. mitted a registration under paragraph (1) mulgate regulations to implement this sub- ‘‘(a) IN GENERAL.—The owner, operator, or shall submit to the Secretary a renewal reg- section. The Secretary may promulgate such agent in charge of a facility shall, in accord- istration containing the information de- regulations on an interim final basis. ance with this section, evaluate the hazards scribed in paragraph (2). The Secretary shall ‘‘(B) REGISTRATION REQUIREMENT.—The that could affect food manufactured, proc- provide for an abbreviated registration re- Secretary may require that registration essed, packed, or held by such facility, iden- newal process for any registrant that has not under this section be submitted in an elec- tify and implement preventive controls to had any changes to such information since tronic format. Such requirement may not significantly minimize or prevent the occur- the registrant submitted the preceding reg- take effect before the date that is 5 years rence of such hazards and provide assurances istration or registration renewal for the fa- after the date of enactment of the FDA Food that such food is not adulterated under sec- cility involved.’’. Safety Modernization Act. tion 402 or misbranded under section 403(w), (b) SUSPENSION OF REGISTRATION.— ‘‘(6) APPLICATION DATE.—Facilities shall be monitor the performance of those controls, (1) IN GENERAL.—Section 415 (21 U.S.C. 350d) subject to the requirements of this sub- and maintain records of this monitoring as a is amended— section beginning on the earlier of— matter of routine practice. (A) in subsection (a)(2), by inserting after ‘‘(A) the date on which the Secretary ‘‘(b) HAZARD ANALYSIS.—The owner, oper- the first sentence the following: ‘‘The reg- issues regulations under paragraph (5); or ator, or agent in charge of a facility shall— istration shall contain an assurance that the ‘‘(B) 180 days after the date of enactment ‘‘(1) identify and evaluate known or rea- Secretary will be permitted to inspect such of the FDA Food Safety Modernization Act. sonably foreseeable hazards that may be as- sociated with the facility, including— facility at the times and in the manner per- ‘‘(7) NO DELEGATION.—The authority con- mitted by this Act.’’; ferred by this subsection to issue an order to ‘‘(A) biological, chemical, physical, and ra- (B) by redesignating subsections (b) and (c) suspend a registration or vacate an order of diological hazards, natural toxins, pes- as subsections (c) and (d), respectively; and suspension shall not be delegated to any offi- ticides, drug residues, decomposition, (C) by inserting after subsection (a) the fol- cer or employee other than the Commis- parasites, allergens, and unapproved food lowing: sioner.’’. and color additives; and ‘‘(B) hazards that occur naturally, or may ‘‘(b) SUSPENSION OF REGISTRATION.— (2) SMALL ENTITY COMPLIANCE POLICY be unintentionally introduced; and ‘‘(1) IN GENERAL.—If the Secretary deter- GUIDE.—Not later than 180 days after the mines that food manufactured, processed, issuance of the regulations promulgated ‘‘(2) identify and evaluate hazards that packed, received, or held by a facility reg- under section 415(b)(5) of the Federal Food, may be intentionally introduced, including istered under this section has a reasonable Drug, and Cosmetic Act (as added by this by acts of terrorism; and probability of causing serious adverse health section), the Secretary shall issue a small ‘‘(3) develop a written analysis of the haz- consequences or death to humans or animals, entity compliance policy guide setting forth ards. ‘‘(c) PREVENTIVE CONTROLS.—The owner, the Secretary may by order suspend the reg- in plain language the requirements of such operator, or agent in charge of a facility istration of a facility— regulations to assist small entities in com- shall identify and implement preventive con- ‘‘(A) that created, caused, or was otherwise plying with registration requirements and responsible for such reasonable probability; trols, including at critical control points, if other activities required under such section. any, to provide assurances that— or (3) IMPORTED FOOD.—Section 801(l) (21 ‘‘(B)(i) that knew of, or had reason to know ‘‘(1) hazards identified in the hazard anal- U.S.C. 381(l)) is amended by inserting ‘‘(or for ysis conducted under subsection (b)(1) will be of, such reasonable probability; and which a registration has been suspended ‘‘(ii) packed, received, or held such food. significantly minimized or prevented; under such section)’’ after ‘‘section 415’’. ‘‘(2) any hazards identified in the hazard ‘‘(2) HEARING ON SUSPENSION.—The Sec- (c) CLARIFICATION OF INTENT.— analysis conducted under subsection (b)(2) retary shall provide the registrant subject to (1) RETAIL FOOD ESTABLISHMENT.—The Sec- will be significantly minimized or prevented an order under paragraph (1) with an oppor- retary shall amend the definition of the term and addressed, consistent with section 420, as tunity for an informal hearing, to be held as ‘‘retail food establishment’’ in section in applicable; and soon as possible but not later than 2 business 1.227(b)(11) of title 21, Code of Federal Regu- ‘‘(3) the food manufactured, processed, days after the issuance of the order or such lations to clarify that, in determining the packed, or held by such facility will not be other time period, as agreed upon by the Sec- primary function of an establishment or a adulterated under section 402 or misbranded retary and the registrant, on the actions re- retail food establishment under such section, under section 403(w). quired for reinstatement of registration and the sale of food products directly to con- ‘‘(d) MONITORING OF EFFECTIVENESS.—The why the registration that is subject to sus- sumers by such establishment and the sale of owner, operator, or agent in charge of a fa- pension should be reinstated. The Secretary food directly to consumers by such retail cility shall monitor the effectiveness of the shall reinstate a registration if the Sec- food establishment include— preventive controls implemented under sub- retary determines, based on evidence pre- (A) the sale of such food products or food section (c) to provide assurances that the sented, that adequate grounds do not exist to directly to consumers by such establishment outcomes described in subsection (c) shall be continue the suspension of the registration. at a roadside stand or farmers’ market where achieved. ‘‘(3) POST-HEARING CORRECTIVE ACTION such stand or market is located other than ‘‘(e) CORRECTIVE ACTIONS.—The owner, op- PLAN; VACATING OF ORDER.— where the food was manufactured or proc- erator, or agent in charge of a facility shall ‘‘(A) CORRECTIVE ACTION PLAN.—If, after essed; establish procedures to ensure that, if the providing opportunity for an informal hear- (B) the sale and distribution of such food preventive controls implemented under sub- ing under paragraph (2), the Secretary deter- through a community supported agriculture section (c) are not properly implemented or mines that the suspension of registration re- program; and are found to be ineffective— mains necessary, the Secretary shall require (C) the sale and distribution of such food at ‘‘(1) appropriate action is taken to reduce the registrant to submit a corrective action any other such direct sales platform as de- the likelihood of recurrence of the imple- plan to demonstrate how the registrant termined by the Secretary. mentation failure; plans to correct the conditions found by the (2) DEFINITIONS.—For purposes of para- ‘‘(2) all affected food is evaluated for safe- Secretary. The Secretary shall review such graph (1)— ty; and plan not later than 14 days after the submis- (A) the term ‘‘community supported agri- ‘‘(3) all affected food is prevented from en- sion of the corrective action plan or such culture program’’ has the same meaning tering into commerce if the owner, operator other time period as determined by the Sec- given the term ‘‘community supported agri- or agent in charge of such facility cannot en- retary. culture (CSA) program’’ in section 249.2 of sure that the affected food is not adulterated ‘‘(B) VACATING OF ORDER.—Upon a deter- title 7, Code of Federal Regulations (or any under section 402 or misbranded under sec- mination by the Secretary that adequate successor regulation); and tion 403(w). grounds do not exist to continue the suspen- (B) the term ‘‘consumer’’ does not include ‘‘(f) VERIFICATION.—The owner, operator, or sion actions required by the order, or that a business. agent in charge of a facility shall verify such actions should be modified, the Sec- (d) CONFORMING AMENDMENTS.— that—

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8071 ‘‘(1) the preventive controls implemented ‘‘(C) The Thermally Processed Low-Acid ity is in compliance with State, local, coun- under subsection (c) are adequate to control Foods Packaged in Hermetically Sealed Con- ty, or other applicable non-Federal food safe- the hazards identified under subsection (b); tainers standards of the Food and Drug Ad- ty law; and ‘‘(2) the owner, operator, or agent is con- ministration (or any successor standards). ‘‘(ii) documentation, as specified by the ducting monitoring in accordance with sub- ‘‘(2) APPLICABILITY.—The exemption under Secretary in a guidance document issued not section (d); paragraph (1)(C) shall apply only with re- later than 1 year after the date of enactment ‘‘(3) the owner, operator, or agent is mak- spect to microbiological hazards that are of this section, that the facility is a qualified ing appropriate decisions about corrective regulated under the standards for Thermally facility under paragraph (1)(B) or (1)(C). Processed Low-Acid Foods Packaged in Her- actions taken under subsection (e); ‘‘(3) WITHDRAWAL; RULE OF CONSTRUCTION.— metically Sealed Containers under part 113 ‘‘(4) the preventive controls implemented ‘‘(A) IN GENERAL.—In the event of an active of chapter 21, Code of Federal Regulations under subsection (c) are effectively and sig- investigation of a foodborne illness outbreak (or any successor regulations). nificantly minimizing or preventing the oc- that is directly linked to a qualified facility currence of identified hazards, including ‘‘(k) EXCEPTION FOR ACTIVITIES OF FACILI- subject to an exemption under this sub- through the use of environmental and prod- TIES SUBJECT TO SECTION 419.—This section section, or if the Secretary determines that uct testing programs and other appropriate shall not apply to activities of a facility that it is necessary to protect the public health means; and are subject to section 419. and prevent or mitigate a foodborne illness ‘‘(5) there is documented, periodic reanaly- ‘‘(l) MODIFIED REQUIREMENTS FOR QUALI- FIED FACILITIES.— outbreak based on conduct or conditions as- sis of the plan under subsection (i) to ensure ‘‘(1) QUALIFIED FACILITIES.— that the plan is still relevant to the raw ma- sociated with a qualified facility that are ‘‘(A) IN GENERAL.—A facility is a qualified terials, conditions and processes in the facil- material to the safety of the food manufac- facility for purposes of this subsection if the ity, and new and emerging threats. tured, processed, packed, or held at such fa- facility meets the conditions under subpara- ‘‘(g) RECORDKEEPING.—The owner, operator, cility, the Secretary may withdraw the ex- or agent in charge of a facility shall main- graph (B) or (C). emption provided to such facility under this tain, for not less than 2 years, records docu- ‘‘(B) VERY SMALL BUSINESS.—A facility is a subsection. menting the monitoring of the preventive qualified facility under this subparagraph— ‘‘(B) RULE OF CONSTRUCTION.—Nothing in controls implemented under subsection (c), ‘‘(i) if the facility, including any subsidiary this subsection shall be construed to expand instances of nonconformance material to or affiliate of the facility, is, collectively, a or limit the inspection authority of the Sec- food safety, the results of testing and other very small business (as defined in the regula- retary. tions promulgated under subsection (n)); and appropriate means of verification under sub- ‘‘(4) DEFINITIONS.—In this subsection: ‘‘(ii) in the case where the facility is a sub- section (f)(4), instances when corrective ac- ‘‘(A) AFFILIATE.—The term ‘affiliate’ sidiary or affiliate of an entity, if such sub- tions were implemented, and the efficacy of means any facility that controls, is con- sidiaries or affiliates, are, collectively, a preventive controls and corrective actions. trolled by, or is under common control with very small business (as so defined). ‘‘(h) WRITTEN PLAN AND DOCUMENTATION.— another facility. ‘‘(C) LIMITED ANNUAL MONETARY VALUE OF The owner, operator, or agent in charge of a ‘‘(B) QUALIFIED END-USER.—The term facility shall prepare a written plan that SALES.— ‘‘(i) IN GENERAL.—A facility is a qualified ‘qualified end-user’, with respect to a food, documents and describes the procedures used means— by the facility to comply with the require- facility under this subparagraph if clause (ii) applies— ‘‘(i) the consumer of the food; or ments of this section, including analyzing ‘‘(ii) a restaurant or retail food establish- the hazards under subsection (b) and identi- ‘‘(I) to the facility, including any sub- ment (as those terms are defined by the Sec- fying the preventive controls adopted under sidiary or affiliate of the facility, collec- retary for purposes of section 415) that— subsection (c) to address those hazards. Such tively; and ‘‘(I) is located— written plan, together with the documenta- ‘‘(II) to the subsidiaries or affiliates, col- tion described in subsection (g), shall be lectively, of any entity of which the facility ‘‘(aa) in the same State as the qualified fa- made promptly available to a duly author- is a subsidiary or affiliate. cility that sold the food to such restaurant ized representative of the Secretary upon ‘‘(ii) AVERAGE ANNUAL MONETARY VALUE.— or establishment; or oral or written request. This clause applies if— ‘‘(bb) not more than 275 miles from such fa- ‘‘(i) REQUIREMENT TO REANALYZE.—The ‘‘(I) during the 3-year period preceding the cility; and owner, operator, or agent in charge of a fa- applicable calendar year, the average annual ‘‘(II) is purchasing the food for sale di- cility shall conduct a reanalysis under sub- monetary value of the food manufactured, rectly to consumers at such restaurant or re- section (b) whenever a significant change is processed, packed, or held at such facility (or tail food establishment. made in the activities conducted at a facility the collective average annual monetary ‘‘(C) CONSUMER.—For purposes of subpara- operated by such owner, operator, or agent if value of such food at any subsidiary or affil- graph (B), the term ‘consumer’ does not in- the change creates a reasonable potential for iate, as described in clause (i)) that is sold clude a business. a new hazard or a significant increase in a directly to qualified end-users during such ‘‘(D) SUBSIDIARY.—The term ‘subsidiary’ previously identified hazard or not less fre- period exceeded the average annual mone- means any company which is owned or con- quently than once every 3 years, whichever tary value of the food manufactured, proc- trolled directly or indirectly by another is earlier. Such reanalysis shall be completed essed, packed, or held at such facility (or the company. and additional preventive controls needed to collective average annual monetary value of ‘‘(5) STUDY.— address the hazard identified, if any, shall be such food at any subsidiary or affiliate, as so ‘‘(A) IN GENERAL.—The Secretary, in con- implemented before the change in activities described) sold by such facility (or collec- sultation with the Secretary of Agriculture, at the facility is operative. Such owner, op- tively by any such subsidiary or affiliate) to shall conduct a study of the food processing erator, or agent shall revise the written plan all other purchasers during such period; and sector regulated by the Secretary to deter- required under subsection (h) if such a sig- ‘‘(II) the average annual monetary value of mine— nificant change is made or document the all food sold by such facility (or the collec- ‘‘(i) the distribution of food production by tive average annual monetary value of such basis for the conclusion that no additional or type and size of operation, including mone- food sold by any subsidiary or affiliate, as revised preventive controls are needed. The tary value of food sold; described in clause (i)) during such period Secretary may require a reanalysis under ‘‘(ii) the proportion of food produced by was less than $500,000, adjusted for inflation. this section to respond to new hazards and each type and size of operation; developments in scientific understanding, in- ‘‘(2) EXEMPTION.—A qualified facility— ‘‘(iii) the number and types of food facili- cluding, as appropriate, results from the De- ‘‘(A) shall not be subject to the require- ties co-located on farms, including the num- partment of Homeland Security biological, ments under subsections (a) through (i) and ber and proportion by commodity and by chemical, radiological, or other terrorism subsection (n) in an applicable calendar year; manufacturing or processing activity; risk assessment. and ‘‘(j) EXEMPTION FOR SEAFOOD, JUICE, AND ‘‘(B) shall submit to the Secretary— ‘‘(iv) the incidence of foodborne illness LOW-ACID CANNED FOOD FACILITIES SUBJECT ‘‘(i)(I) documentation that demonstrates originating from each size and type of oper- TO HACCP.— that the owner, operator, or agent in charge ation and the type of food facilities for which ‘‘(1) IN GENERAL.—This section shall not of the facility has identified potential haz- no reported or known hazard exists; and apply to a facility if the owner, operator, or ards associated with the food being produced, ‘‘(v) the effect on foodborne illness risk as- agent in charge of such facility is required to is implementing preventive controls to ad- sociated with commingling, processing, comply with, and is in compliance with, 1 of dress the hazards, and is monitoring the pre- transporting, and storing food and raw agri- the following standards and regulations with ventive controls to ensure that such controls cultural commodities, including differences respect to such facility: are effective; or in risk based on the scale and duration of ‘‘(A) The Seafood Hazard Analysis Critical ‘‘(II) documentation (which may include li- such activities. Control Points Program of the Food and censes, inspection reports, certificates, per- ‘‘(B) SIZE.—The results of the study con- Drug Administration. mits, credentials, certification by an appro- ducted under subparagraph (A) shall include ‘‘(B) The Juice Hazard Analysis Critical priate agency (such as a State department of the information necessary to enable the Sec- Control Points Program of the Food and agriculture), or other evidence of oversight), retary to define the terms ‘small business’ Drug Administration. as specified by the Secretary, that the facil- and ‘very small business’, for purposes of

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8072 CONGRESSIONAL RECORD — SENATE November 18, 2010 promulgating the regulation under sub- ‘Paperwork Reduction Act’), with special at- retary’’) shall publish a notice of proposed section (n). In defining such terms, the Sec- tention to minimizing the burden (as defined rulemaking in the Federal Register to pro- retary shall include consideration of harvest- in section 3502(2) of such Act) on the facility, mulgate regulations with respect to— able acres, income, the number of employees, and collection of information (as defined in (i) activities that constitute on-farm pack- and the volume of food harvested. section 3502(3) of such Act), associated with ing or holding of food that is not grown, ‘‘(C) SUBMISSION OF REPORT.—Not later such regulations; raised, or consumed on such farm or another than 18 months after the date of enactment ‘‘(C) acknowledge differences in risk and farm under the same ownership for purposes the FDA Food Safety Modernization Act, the minimize, as appropriate, the number of sep- of section 415 of the Federal Food, Drug, and Secretary shall submit to Congress a report arate standards that apply to separate foods; Cosmetic Act (21 U.S.C. 350d), as amended by that describes the results of the study con- and this Act; and ducted under subparagraph (A). ‘‘(D) not require a facility to hire a con- (ii) activities that constitute on-farm man- ‘‘(6) NO PREEMPTION.—Nothing in this sub- sultant or other third party to identify, im- ufacturing or processing of food that is not section preempts State, local, county, or plement, certify, or audit preventative con- consumed on that farm or on another farm other non-Federal law regarding the safe trols, except in the case of negotiated en- under common ownership for purposes of production of food. Compliance with this forcement resolutions that may require such such section 415. subsection shall not relieve any person from a consultant or third party. (B) CLARIFICATION.—The rulemaking de- liability at common law or under State stat- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in scribed under subparagraph (A) shall en- utory law. this subsection shall be construed to provide hance the implementation of such section 415 ‘‘(7) NOTIFICATION TO CONSUMERS.— the Secretary with the authority to pre- and clarify the activities that are included ‘‘(A) IN GENERAL.—A qualified facility that scribe specific technologies, practices, or as part of the definition of the term ‘‘facil- is exempt from the requirements under sub- critical controls for an individual facility. ity’’ under such section 415. Nothing in this sections (a) through (i) and subsection (n) ‘‘(5) REVIEW.—In promulgating the regula- Act authorizes the Secretary to modify the and does not prepare documentation under tions under paragraph (1)(A), the Secretary definition of the term ‘‘facility’’ under such paragraph (2)(B)(i)(I) shall— shall review regulatory hazard analysis and section. ‘‘(i) with respect to a food for which a food preventive control programs in existence on (C) SCIENCE-BASED RISK ANALYSIS.—In pro- packaging label is required by the Secretary the date of enactment of the FDA Food Safe- mulgating regulations under subparagraph under any other provision of this Act, in- ty Modernization Act, including the Grade (A), the Secretary shall conduct a science- clude prominently and conspicuously on ‘A’ Pasteurized Milk Ordinance to ensure based risk analysis of— such label the name and business address of that such regulations are consistent, to the (i) specific types of on-farm packing or the facility where the food was manufac- extent practicable, with applicable domestic holding of food that is not grown, raised, or tured or processed; or and internationally-recognized standards in consumed on such farm or another farm ‘‘(ii) with respect to a food for which a food existence on such date. under the same ownership, as such packing packaging label is not required by the Sec- ‘‘(o) DEFINITIONS.—For purposes of this sec- and holding relates to specific foods; and retary under any other provisions of this tion: (ii) specific on-farm manufacturing and Act, prominently and conspicuously display, ‘‘(1) CRITICAL CONTROL POINT.—The term processing activities as such activities relate at the point of purchase, the name and busi- ‘critical control point’ means a point, step, to specific foods that are not consumed on ness address of the facility where the food or procedure in a food process at which con- that farm or on another farm under common was manufactured or processed, on a label, trol can be applied and is essential to pre- ownership. poster, sign, placard, or documents delivered vent or eliminate a food safety hazard or re- (D) AUTHORITY WITH RESPECT TO CERTAIN contemporaneously with the food in the nor- duce such hazard to an acceptable level. FACILITIES.— mal course of business, or, in the case of ‘‘(2) FACILITY.—The term ‘facility’ means a (i) IN GENERAL.—In promulgating the regu- Internet sales, in an electronic notice. domestic facility or a foreign facility that is lations under subparagraph (A), the Sec- ‘‘(B) NO ADDITIONAL LABEL.—Subparagraph required to register under section 415. retary shall consider the results of the (A) does not provide authority to the Sec- ‘‘(3) PREVENTIVE CONTROLS.—The term ‘pre- science-based risk analysis conducted under retary to require a label that is in addition ventive controls’ means those risk-based, subparagraph (C), and shall exempt certain to any label required under any other provi- reasonably appropriate procedures, prac- facilities from the requirements in section sion of this Act. tices, and processes that a person knowledge- ‘‘(m) AUTHORITY WITH RESPECT TO CERTAIN able about the safe manufacturing, proc- 418 of the Federal Food, Drug, and Cosmetic FACILITIES.—The Secretary may, by regula- essing, packing, or holding of food would em- Act (as added by this section), including haz- tion, exempt or modify the requirements for ploy to significantly minimize or prevent the ard analysis and preventive controls, and the compliance under this section with respect hazards identified under the hazard analysis mandatory inspection frequency in section to facilities that are solely engaged in the conducted under subsection (b) and that are 421 of such Act (as added by section 201), or production of food for animals other than consistent with the current scientific under- modify the requirements in such sections 418 man, the storage of raw agricultural com- standing of safe food manufacturing, proc- or 421, as the Secretary determines appro- modities (other than fruits and vegetables) essing, packing, or holding at the time of the priate, if such facilities are engaged only in intended for further distribution or proc- analysis. Those procedures, practices, and specific types of on-farm manufacturing, essing, or the storage of packaged foods that processes may include the following: processing, packing, or holding activities are not exposed to the environment. ‘‘(A) Sanitation procedures for food con- that the Secretary determines to be low risk ‘‘(n) REGULATIONS.— tact surfaces and utensils and food-contact involving specific foods the Secretary deter- ‘‘(1) IN GENERAL.—Not later than 18 months surfaces of equipment. mines to be low risk. after the date of enactment of the FDA Food ‘‘(B) Supervisor, manager, and employee (ii) LIMITATION.—The exemptions or modi- Safety Modernization Act, the Secretary hygiene training. fications under clause (i) shall not include an shall promulgate regulations— ‘‘(C) An environmental monitoring pro- exemption from the requirement to register ‘‘(A) to establish science-based minimum gram to verify the effectiveness of pathogen under section 415 of the Federal Food, Drug, standards for conducting a hazard analysis, controls in processes where a food is exposed and Cosmetic Act (21 U.S.C. 350d), as amend- documenting hazards, implementing preven- to a potential contaminant in the environ- ed by this Act, if applicable, and shall apply tive controls, and documenting the imple- ment. only to small businesses and very small busi- mentation of the preventive controls under ‘‘(D) A food allergen control program. nesses, as defined in the regulation promul- this section; and ‘‘(E) A recall plan. gated under section 418(n) of the Federal ‘‘(B) to define, for purposes of this section, ‘‘(F) Current Good Manufacturing Prac- Food, Drug, and Cosmetic Act (as added the terms ‘small business’ and ‘very small tices (cGMPs) under part 110 of title 21, Code under subsection (a)). business’, taking into consideration the of Federal Regulations (or any successor reg- (2) FINAL REGULATIONS.—Not later than 9 study described in subsection (l)(5). ulations). months after the close of the comment pe- ‘‘(2) COORDINATION.—In promulgating the ‘‘(G) Supplier verification activities that riod for the proposed rulemaking under para- regulations under paragraph (1)(A), with re- relate to the safety of food.’’. graph (1), the Secretary shall adopt final gard to hazards that may be intentionally (b) GUIDANCE DOCUMENT.—The Secretary rules with respect to— introduced, including by acts of terrorism, shall issue a guidance document related to (A) activities that constitute on-farm the Secretary shall coordinate with the Sec- the regulations promulgated under sub- packing or holding of food that is not grown, retary of Homeland Security, as appropriate. section (b)(1) with respect to the hazard raised, or consumed on such farm or another ‘‘(3) CONTENT.—The regulations promul- analysis and preventive controls under sec- farm under the same ownership for purposes gated under paragraph (1)(A) shall— tion 418 of the Federal Food, Drug, and Cos- of section 415 of the Federal Food, Drug, and ‘‘(A) provide sufficient flexibility to be metic Act (as added by subsection (a)). Cosmetic Act (21 U.S.C. 350d), as amended by practicable for all sizes and types of facili- (c) RULEMAKING.— this Act; ties, including small businesses such as a (1) PROPOSED RULEMAKING.— (B) activities that constitute on-farm man- small food processing facility co-located on a (A) IN GENERAL.—Not later than 9 months ufacturing or processing of food that is not farm; after the date of enactment of this Act, the consumed on that farm or on another farm ‘‘(B) comply with chapter 35 of title 44, Secretary of Health and Human Services (re- under common ownership for purposes of United States Code (commonly known as the ferred to in this subsection as the ‘‘Sec- such section 415; and

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8073 (C) the requirements under sections 418 and conducted under subsection (a), and when ap- be appropriate to the scale and diversity of 421 of the Federal Food, Drug, and Cosmetic propriate to reduce the risk of serious illness the production and harvesting of such com- Act, as added by this Act, from which the or death to humans or animals or to prevent modities; Secretary may issue exemptions or modifica- adulteration of the food under section 402 of ‘‘(B) include, with respect to growing, har- tions of the requirements for certain types of the Federal Food, Drug, or Cosmetic Act (21 vesting, sorting, packing, and storage oper- facilities. U.S.C. 342) or to prevent the spread by food ations, science-based minimum standards re- (d) SMALL ENTITY COMPLIANCE POLICY of communicable disease under section 361 of lated to soil amendments, hygiene, pack- GUIDE.—Not later than 180 days after the the Public Health Service Act (42 U.S.C. 264), aging, temperature controls, animals in the issuance of the regulations promulgated the Secretary shall issue contaminant-spe- growing area, and water; under subsection (n) of section 418 of the cific and science-based guidance documents, ‘‘(C) consider hazards that occur naturally, Federal Food, Drug, and Cosmetic Act (as including guidance documents regarding ac- may be unintentionally introduced, or may added by subsection (a)), the Secretary shall tion levels, or regulations. Such guidance, be intentionally introduced, including by issue a small entity compliance policy guide including guidance regarding action levels, acts of terrorism; setting forth in plain language the require- or regulations— ‘‘(D) take into consideration, consistent ments of such section 418 and this section to (1) shall apply to products or product class- with ensuring enforceable public health pro- assist small entities in complying with the es; tection, conservation and environmental hazard analysis and other activities required (2) shall, where appropriate, differentiate practice standards and policies established under such section 418 and this section. between food for human consumption and by Federal natural resource conservation, (e) PROHIBITED ACTS.—Section 301 (21 food intended for consumption by animals wildlife conservation, and environmental U.S.C. 331) is amended by adding at the end other than humans; and agencies; the following: (3) shall not be written to be facility-spe- ‘‘(E) in the case of production that is cer- ‘‘(uu) The operation of a facility that man- cific. tified organic, not include any requirements ufactures, processes, packs, or holds food for (c) NO DUPLICATION OF EFFORTS.—The Sec- that conflict with or duplicate the require- sale in the United States if the owner, oper- retary shall coordinate with the Secretary of ments of the national organic program es- ator, or agent in charge of such facility is Agriculture to avoid issuing duplicative tablished under the Organic Foods Produc- not in compliance with section 418.’’. guidance on the same contaminants. tion Act of 1990, while providing the same (f) NO EFFECT ON HACCP AUTHORITIES.— (d) REVIEW.—The Secretary shall periodi- level of public health protection as the re- Nothing in the amendments made by this cally review and revise, as appropriate, the quirements under guidance documents, in- section limits the authority of the Secretary guidance documents, including guidance doc- cluding guidance documents regarding ac- under the Federal Food, Drug, and Cosmetic uments regarding action levels, or regula- tion levels, and regulations under the FDA Act (21 U.S.C. 301 et seq.) or the Public tions promulgated under this section. Food Safety Modernization Act; and Health Service Act (42 U.S.C. 201 et seq.) to SEC. 105. STANDARDS FOR PRODUCE SAFETY. ‘‘(F) define, for purposes of this section, revise, issue, or enforce Hazard Analysis (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 the terms ‘small business’ and ‘very small Critical Control programs and the Thermally et seq.), as amended by section 103, is amend- business’ Processed Low-Acid Foods Packaged in Her- ed by adding at the end the following: ‘‘(4) PRIORITIZATION.—The Secretary shall metically Sealed Containers standards. prioritize the implementation of the regula- (g) DIETARY SUPPLEMENTS.—Nothing in the ‘‘SEC. 419. STANDARDS FOR PRODUCE SAFETY. tions under this section for specific fruits amendments made by this section shall ‘‘(a) PROPOSED RULEMAKING.— and vegetables that are raw agricultural apply to any facility with regard to the man- ‘‘(1) IN GENERAL.— commodities based on known risks which ufacturing, processing, packing, or holding ‘‘(A) RULEMAKING.—Not later than 1 year may include a history and severity of of a dietary supplement that is in compli- after the date of enactment of the FDA Food foodborne illness outbreaks. ance with the requirements of sections Safety Modernization Act, the Secretary, in 402(g)(2) and 761 of the Federal Food, Drug, coordination with the Secretary of Agri- ‘‘(b) FINAL REGULATION.— and Cosmetic Act (21 U.S.C. 342(g)(2), 379aa- culture and representatives of State depart- ‘‘(1) IN GENERAL.—Not later than 1 year 1). ments of agriculture (including with regard after the close of the comment period for the (h) UPDATING GUIDANCE RELATING TO FISH to the national organic program established proposed rulemaking under subsection (a), AND FISHERIES PRODUCTS HAZARDS AND CON- under the Organic Foods Production Act of the Secretary shall adopt a final regulation TROLS.—The Secretary shall, not later than 1990), and in consultation with the Secretary to provide for minimum science-based stand- 180 days after the date of enactment of this of Homeland Security, shall publish a notice ards for those types of fruits and vegetables, Act, update the Fish and Fisheries Products of proposed rulemaking to establish science- including specific mixes or categories of Hazards and Control Guidance to take into based minimum standards for the safe pro- fruits or vegetables, that are raw agricul- account advances in technology that have duction and harvesting of those types of tural commodities, based on known safety occurred since the previous publication of fruits and vegetables, including specific risks, which may include a history of such Guidance by the Secretary. mixes or categories of fruits and vegetables, foodborne illness outbreaks. (i) EFFECTIVE DATES.— that are raw agricultural commodities for ‘‘(2) FINAL REGULATION.—The final regula- (1) GENERAL RULE.—The amendments made which the Secretary has determined that tion shall— by this section shall take effect 18 months such standards minimize the risk of serious ‘‘(A) provide for coordination of education after the date of enactment of this Act. adverse health consequences or death. and enforcement activities by State and (2) FLEXIBILITY FOR SMALL BUSINESSES.— ‘‘(B) DETERMINATION BY SECRETARY.—With local officials, as designated by the Gov- Notwithstanding paragraph (1)— respect to small businesses and very small ernors of the respective States or the appro- (A) the amendments made by this section businesses (as such terms are defined in the priate elected State official as recognized by shall apply to a small business (as defined in regulation promulgated under subparagraph State statute; and the regulations promulgated under section (A)) that produce and harvest those types of ‘‘(B) include a description of the variance 418(n) of the Federal Food, Drug, and Cos- fruits and vegetables that are raw agricul- process under subsection (c) and the types of metic Act (as added by this section)) begin- tural commodities that the Secretary has de- permissible variances the Secretary may ning on the date that is 6 months after the termined are low risk and do not present a grant. effective date of such regulations; and risk of serious adverse health consequences ‘‘(3) FLEXIBILITY FOR SMALL BUSINESSES.— (B) the amendments made by this section or death, the Secretary may determine not Notwithstanding paragraph (1)— shall apply to a very small business (as de- to include production and harvesting of such ‘‘(A) the regulations promulgated under fined in such regulations) beginning on the fruits and vegetables in such rulemaking, or this section shall apply to a small business date that is 18 months after the effective may modify the applicable requirements of (as defined in the regulation promulgated date of such regulations. regulations promulgated pursuant to this under subsection (a)(1)) after the date that is SEC. 104. PERFORMANCE STANDARDS. section. 1 year after the effective date of the final (a) IN GENERAL.—The Secretary shall, in ‘‘(2) PUBLIC INPUT.—During the comment regulation under paragraph (1); and coordination with the Secretary of Agri- period on the notice of proposed rulemaking ‘‘(B) the regulations promulgated under culture, not less frequently than every 2 under paragraph (1), the Secretary shall con- this section shall apply to a very small busi- years, review and evaluate relevant health duct not less than 3 public meetings in di- ness (as defined in the regulation promul- data and other relevant information, includ- verse geographical areas of the United States gated under subsection (a)(1)) after the date ing from toxicological and epidemiological to provide persons in different regions an op- that is 2 years after the effective date of the studies and analyses, current Good Manufac- portunity to comment. final regulation under paragraph (1). turing Practices issued by the Secretary re- ‘‘(3) CONTENT.—The proposed rulemaking ‘‘(c) CRITERIA.— lating to food, and relevant recommenda- under paragraph (1) shall— ‘‘(1) IN GENERAL.—The regulations adopted tions of relevant advisory committees, in- ‘‘(A) provide sufficient flexibility to be ap- under subsection (b) shall— cluding the Food Advisory Committee, to de- plicable to various types of entities engaged ‘‘(A) set forth those procedures, processes, termine the most significant foodborne con- in the production and harvesting of fruits and practices that the Secretary determines taminants. and vegetables that are raw agricultural to minimize the risk of serious adverse (b) GUIDANCE DOCUMENTS AND REGULA- commodities, including small businesses and health consequences or death, including pro- TIONS.—Based on the review and evaluation entities that sell directly to consumers, and cedures, processes, and practices that the

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8074 CONGRESSIONAL RECORD — SENATE November 18, 2010 Secretary determines to be reasonably nec- likely to provide the same level of public to any label required under any other provi- essary to prevent the introduction of known health protection as the requirements of the sion of this Act. or reasonably foreseeable biological, chem- regulations adopted under subsection (b). ‘‘(3) WITHDRAWAL; RULE OF CONSTRUCTION.— ical, and physical hazards, including hazards ‘‘(d) ENFORCEMENT.—The Secretary may ‘‘(A) IN GENERAL.—In the event of an active that occur naturally, may be unintention- coordinate with the Secretary of Agriculture investigation of a foodborne illness outbreak ally introduced, or may be intentionally in- and, as appropriate, shall contract and co- that is directly linked to a farm subject to troduced, including by acts of terrorism, into ordinate with the agency or department des- an exemption under this subsection, or if the fruits and vegetables, including specific ignated by the Governor of each State to Secretary determines that it is necessary to mixes or categories of fruits and vegetables, perform activities to ensure compliance with protect the public health and prevent or that are raw agricultural commodities and this section. mitigate a foodborne illness outbreak based to provide reasonable assurances that the ‘‘(e) GUIDANCE.— on conduct or conditions associated with a produce is not adulterated under section 402; ‘‘(1) IN GENERAL.—Not later than 1 year farm that are material to the safety of the ‘‘(B) provide sufficient flexibility to be after the date of enactment of the FDA Food food produced or harvested at such farm, the practicable for all sizes and types of busi- Safety Modernization Act, the Secretary Secretary may withdraw the exemption pro- nesses, including small businesses such as a shall publish, after consultation with the vided to such farm under this subsection. small food processing facility co-located on a Secretary of Agriculture, representatives of ‘‘(B) RULE OF CONSTRUCTION.—Nothing in farm; State departments of agriculture, farmer this subsection shall be construed to expand ‘‘(C) comply with chapter 35 of title 44, representatives, and various types of entities or limit the inspection authority of the Sec- United States Code (commonly known as the engaged in the production and harvesting or retary. ‘Paperwork Reduction Act’), with special at- importing of fruits and vegetables that are ‘‘(4) DEFINITIONS.— tention to minimizing the burden (as defined raw agricultural commodities, including ‘‘(A) QUALIFIED END-USER.—In this sub- in section 3502(2) of such Act) on the busi- small businesses, updated good agricultural section, the term ‘qualified end-user’, with ness, and collection of information (as de- practices and guidance for the safe produc- respect to a food means— fined in section 3502(3) of such Act), associ- tion and harvesting of specific types of fresh ‘‘(i) the consumer of the food; or ated with such regulations; produce under this section. ‘‘(ii) a restaurant or retail food establish- ‘‘(D) acknowledge differences in risk and ‘‘(2) PUBLIC MEETINGS.—The Secretary shall ment (as those terms are defined by the Sec- minimize, as appropriate, the number of sep- conduct not fewer than 3 public meetings in retary for purposes of section 415) that is lo- arate standards that apply to separate foods; diverse geographical areas of the United cated— and States as part of an effort to conduct edu- ‘‘(I) in the same State as the farm that ‘‘(E) not require a business to hire a con- cation and outreach regarding the guidance produced the food; or sultant or other third party to identify, im- described in paragraph (1) for persons in dif- ‘‘(II) not more than 275 miles from such plement, certify, compliance with these pro- ferent regions who are involved in the pro- farm. duction and harvesting of fruits and vegeta- cedures, processes, and practices, except in ‘‘(B) CONSUMER.—For purposes of subpara- the case of negotiated enforcement resolu- bles that are raw agricultural commodities, graph (A), the term ‘consumer’ does not in- tions that may require such a consultant or including persons that sell directly to con- clude a business. sumers and farmer representatives, and for third party; and ‘‘(5) NO PREEMPTION.—Nothing in this sub- ‘‘(F) permit States and foreign countries importers of fruits and vegetables that are section preempts State, local, county, or from which food is imported into the United raw agricultural commodities. other non-Federal law regarding the safe States to request from the Secretary ‘‘(3) PAPERWORK REDUCTION.—The Sec- production, harvesting, holding, transpor- variances from the requirements of the regu- retary shall ensure that any updated guid- tation, and sale of fresh fruits and vegeta- lations, subject to paragraph (2), where the ance under this section will— bles. Compliance with this subsection shall State or foreign country determines that the ‘‘(A) provide sufficient flexibility to be not relieve any person from liability at com- variance is necessary in light of local grow- practicable for all sizes and types of facili- mon law or under State statutory law. ties, including small businesses such as a ing conditions and that the procedures, proc- ‘‘(6) LIMITATION OF EFFECT.—Nothing in esses, and practices to be followed under the small food processing facility co-located on a this subsection shall prevent the Secretary variance are reasonably likely to ensure that farm; and from exercising any authority granted in the the produce is not adulterated under section ‘‘(B) acknowledge differences in risk and other sections of this Act. 402 and to provide the same level of public minimize, as appropriate, the number of sep- ‘‘(g) CLARIFICATION.—This section shall not health protection as the requirements of the arate standards that apply to separate foods. apply to produce that is produced by an indi- regulations adopted under subsection (b). ‘‘(f) EXEMPTION FOR DIRECT FARM MAR- vidual for personal consumption. ‘‘(2) VARIANCES.— KETING.— ‘‘(h) EXCEPTION FOR ACTIVITIES OF FACILI- ‘‘(A) REQUESTS FOR VARIANCES.—A State or ‘‘(1) IN GENERAL.—A farm shall be exempt TIES SUBJECT TO SECTION 418.—This section foreign country from which food is imported from the requirements under this section in shall not apply to activities of a facility that into the United States may in writing re- a calendar year if— are subject to section 418.’’. quest a variance from the Secretary. Such ‘‘(A) during the previous 3-year period, the (b) SMALL ENTITY COMPLIANCE POLICY request shall describe the variance requested average annual monetary value of the food GUIDE.—Not later than 180 days after the and present information demonstrating that sold by such farm directly to qualified end- issuance of regulations under section 419 of the variance does not increase the likelihood users during such period exceeded the aver- the Federal Food, Drug, and Cosmetic Act that the food for which the variance is re- age annual monetary value of the food sold (as added by subsection (a)), the Secretary of quested will be adulterated under section 402, by such farm to all other buyers during such Health and Human Services shall issue a and that the variance provides the same period; and small entity compliance policy guide setting level of public health protection as the re- ‘‘(B) the average annual monetary value of forth in plain language the requirements of quirements of the regulations adopted under all food sold during such period was less than such section 419 and to assist small entities subsection (b). The Secretary shall review $500,000, adjusted for inflation. in complying with standards for safe produc- such requests in a reasonable timeframe. ‘‘(2) NOTIFICATION TO CONSUMERS.— tion and harvesting and other activities re- ‘‘(B) APPROVAL OF VARIANCES.—The Sec- ‘‘(A) IN GENERAL.—A farm that is exempt quired under such section. retary may approve a variance in whole or in from the requirements under this section (c) PROHIBITED ACTS.—Section 301 (21 part, as appropriate, and may specify the shall— U.S.C. 331), as amended by section 103, is scope of applicability of a variance to other ‘‘(i) with respect to a food for which a food amended by adding at the end the following: ‘‘(vv) The failure to comply with the re- similarly situated persons. packaging label is required by the Secretary quirements under section 419.’’. ‘‘(C) DENIAL OF VARIANCES.—The Secretary under any other provision of this Act, in- (d) NO EFFECT ON HACCP AUTHORITIES.— may deny a variance request if the Secretary clude prominently and conspicuously on Nothing in the amendments made by this determines that such variance is not reason- such label the name and business address of section limits the authority of the Secretary ably likely to ensure that the food is not the farm where the produce was grown; or under the Federal Food, Drug, and Cosmetic adulterated under section 402 and is not rea- ‘‘(ii) with respect to a food for which a food Act (21 U.S.C. 301 et seq.) or the Public sonably likely to provide the same level of packaging label is not required by the Sec- Health Service Act (42 U.S.C. 201 et seq.) to public health protection as the requirements retary under any other provision of this Act, revise, issue, or enforce product and cat- of the regulation adopted under subsection prominently and conspicuously display, at egory-specific regulations, such as the Sea- (b). The Secretary shall notify the person re- the point of purchase, the name and business food Hazard Analysis Critical Controls questing such variance of the reasons for the address of the farm where the produce was Points Program, the Juice Hazard Analysis denial. grown, on a label, poster, sign, placard, or Critical Control Program, and the Thermally ‘‘(D) MODIFICATION OR REVOCATION OF A documents delivered contemporaneously Processed Low-Acid Foods Packaged in Her- VARIANCE.—The Secretary, after notice and with the food in the normal course of busi- metically Sealed Containers standards. an opportunity for a hearing, may modify or ness, or, in the case of Internet sales, in an SEC. 106. PROTECTION AGAINST INTENTIONAL revoke a variance if the Secretary deter- electronic notice. ADULTERATION. mines that such variance is not reasonably ‘‘(B) NO ADDITIONAL LABEL.—Subparagraph (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 likely to ensure that the food is not adulter- (A) does not provide authority to the Sec- et seq.), as amended by section 105, is amend- ated under section 402 and is not reasonably retary to require a label that is in addition ed by adding at the end the following:

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PROTECTION AGAINST INTENTIONAL (C) specify situations in which the exam- ‘‘(ii) assessing and collecting reinspection ADULTERATION. ples of mitigation strategies or measures de- fees under this section; and ‘‘(a) DETERMINATIONS.— scribed in subsection (b)(2) of such section ‘‘(C) the term ‘responsible party’ has the ‘‘(1) IN GENERAL.—The Secretary shall— are appropriate. meaning given such term in section 417(a)(1). ‘‘(A) conduct a vulnerability assessment of (3) LIMITED DISTRIBUTION.—In the interest ‘‘(b) ESTABLISHMENT OF FEES.— the food system, including by consideration of national security, the Secretary of Health ‘‘(1) IN GENERAL.—Subject to subsections of the Department of Homeland Security bio- and Human Services, in consultation with (c) and (d), the Secretary shall establish the logical, chemical, radiological, or other ter- the Secretary of Homeland Security, may de- fees to be collected under this section for rorism risk assessments; termine the time, manner, and form in which each fiscal year specified in subsection (a)(1), ‘‘(B) consider the best available under- the guidance documents issued under para- based on the methodology described under standing of uncertainties, risks, costs, and graph (1) are made public, including by re- paragraph (2), and shall publish such fees in benefits associated with guarding against in- leasing such documents to targeted audi- a Federal Register notice not later than 60 tentional adulteration of food at vulnerable ences. days before the start of each such year. points; and (c) PERIODIC REVIEW.—The Secretary of ‘‘(2) FEE METHODOLOGY.— ‘‘(C) determine the types of science-based Health and Human Services shall periodi- ‘‘(A) FEES.—Fees amounts established for mitigation strategies or measures that are cally review and, as appropriate, update the collection— necessary to protect against the intentional regulations under section 420(b) of the Fed- ‘‘(i) under subparagraph (A) of subsection adulteration of food. eral Food, Drug, and Cosmetic Act, as added (a)(1) for a fiscal year shall be based on the ‘‘(2) LIMITED DISTRIBUTION.—In the interest by subsection (a), and the guidance docu- Secretary’s estimate of 100 percent of the of national security, the Secretary, in con- ments under subsection (b). costs of the reinspection-related activities sultation with the Secretary of Homeland (d) PROHIBITED ACTS.—Section 301 (21 (including by type or level of reinspection Security, may determine the time, manner, U.S.C. 331 et seq.), as amended by section 105, activity, as the Secretary determines appli- and form in which determinations made is amended by adding at the end the fol- cable) described in such subparagraph (A) for under paragraph (1) are made publicly avail- lowing: such year; able. ‘‘(ww) The failure to comply with section ‘‘(ii) under subparagraph (B) of subsection ‘‘(b) REGULATIONS.—Not later than 18 420.’’. (a)(1) for a fiscal year shall be based on the months after the date of enactment of the SEC. 107. AUTHORITY TO COLLECT FEES. Secretary’s estimate of 100 percent of the FDA Food Safety Modernization Act, the (a) FEES FOR REINSPECTION, RECALL, AND costs of the activities described in such sub- paragraph (B) for such year; Secretary, in coordination with the Sec- IMPORTATION ACTIVITIES.—Subchapter C of retary of Homeland Security and in con- chapter VII (21 U.S.C. 379f et seq.) is amended ‘‘(iii) under subparagraph (C) of subsection sultation with the Secretary of Agriculture, by adding at the end the following: (a)(1) for a fiscal year shall be based on the shall promulgate regulations to protect Secretary’s estimate of 100 percent of the ‘‘PART 6—FEES RELATED TO FOOD against the intentional adulteration of food costs of the activities described in such sub- subject to this Act. Such regulations shall— ‘‘SEC. 743. AUTHORITY TO COLLECT AND USE paragraph (C) for such year; and ‘‘(1) specify how a person shall assess FEES. ‘‘(iv) under subparagraph (D) of subsection whether the person is required to implement ‘‘(a) IN GENERAL.— (a)(1) for a fiscal year shall be based on the mitigation strategies or measures intended ‘‘(1) PURPOSE AND AUTHORITY.—For fiscal Secretary’s estimate of 100 percent of the to protect against the intentional adultera- year 2010 and each subsequent fiscal year, costs of the activities described in such sub- tion of food; and the Secretary shall, in accordance with this paragraph (D) for such year. ‘‘(2) specify appropriate science-based miti- section, assess and collect fees from— ‘‘(B) OTHER CONSIDERATIONS.— gation strategies or measures to prepare and ‘‘(A) the responsible party for each domes- ‘‘(i) VOLUNTARY QUALIFIED IMPORTER PRO- protect the food supply chain at specific vul- tic facility (as defined in section 415(b)) and GRAM.— nerable points, as appropriate. the United States agent for each foreign fa- ‘‘(I) PARTICIPATION.—In establishing the fee ‘‘(c) APPLICABILITY.—Regulations promul- cility subject to a reinspection in such fiscal amounts under subparagraph (A)(iii) for a gated under subsection (b) shall apply only year, to cover reinspection-related costs for fiscal year, the Secretary shall provide for to food for which there is a high risk of in- such year; the number of importers who have submitted tentional contamination, as determined by ‘‘(B) the responsible party for a domestic to the Secretary a notice under section 806(c) the Secretary, in consultation with the Sec- facility (as defined in section 415(b)) and an informing the Secretary of the intent of such retary of Homeland Security, under sub- importer who does not comply with a recall importer to participate in the program under section (a), that could cause serious adverse order under section 423 or under section section 806 in such fiscal year. health consequences or death to humans or 412(f) in such fiscal year, to cover food recall ‘‘(II) RECOUPMENT.—In establishing the fee animals and shall include those foods— activities associated with such order per- amounts under subparagraph (A)(iii) for the ‘‘(1) for which the Secretary has identified formed by the Secretary, including technical first 5 fiscal years after the date of enact- clear vulnerabilities (including short shelf- assistance, follow-up effectiveness checks, ment of this section, the Secretary shall in- life or susceptibility to intentional contami- and public notifications, for such year; clude in such fee a reasonable surcharge that nation at critical control points); and ‘‘(C) each importer participating in the provides a recoupment of the costs expended ‘‘(2) in bulk or batch form, prior to being voluntary qualified importer program under by the Secretary to establish and implement packaged for the final consumer. section 806 in such year, to cover the admin- the first year of the program under section ‘‘(d) EXCEPTION.—This section shall not istrative costs of such program for such 806. apply to farms, except for those that produce year; and ‘‘(ii) CREDITING OF FEES.—In establishing milk. ‘‘(D) each importer subject to a reinspec- the fee amounts under subparagraph (A) for ‘‘(e) DEFINITION.—For purposes of this sec- tion in such fiscal year, to cover reinspec- a fiscal year, the Secretary shall provide for tion, the term ‘farm’ has the meaning given tion-related costs for such year. the crediting of fees from the previous year that term in section 1.227 of title 21, Code of ‘‘(2) DEFINITIONS.—For purposes of this sec- to the next year if the Secretary overesti- Federal Regulations (or any successor regu- tion— mated the amount of fees needed to carry lation).’’. ‘‘(A) the term ‘reinspection’ means— out such activities, and consider the need to (b) GUIDANCE DOCUMENTS.— ‘‘(i) with respect to domestic facilities (as account for any adjustment of fees and such (1) IN GENERAL.—Not later than 1 year after defined in section 415(b)), 1 or more inspec- other factors as the Secretary determines the date of enactment of this Act, the Sec- tions conducted under section 704 subsequent appropriate. retary of Health and Human Services, in con- to an inspection conducted under such provi- ‘‘(iii) PUBLISHED GUIDELINES.—Not later sultation with the Secretary of Homeland sion which identified noncompliance materi- than 180 days after the date of enactment of Security and the Secretary of Agriculture, ally related to a food safety requirement of the FDA Food Safety Modernization Act, the shall issue guidance documents related to this Act, specifically to determine whether Secretary shall publish in the Federal Reg- protection against the intentional adultera- compliance has been achieved to the Sec- ister a proposed set of guidelines in consider- tion of food, including mitigation strategies retary’s satisfaction; and ation of the burden of fee amounts on small or measures to guard against such adultera- ‘‘(ii) with respect to importers, 1 or more business. Such consideration may include re- tion as required under section 420 of the Fed- examinations conducted under section 801 duced fee amounts for small businesses. The eral Food, Drug, and Cosmetic Act, as added subsequent to an examination conducted Secretary shall provide for a period of public by subsection (a). under such provision which identified non- comment on such guidelines. The Secretary (2) CONTENT.—The guidance documents compliance materially related to a food safe- shall adjust the fee schedule for small busi- issued under paragraph (1) shall— ty requirement of this Act, specifically to nesses subject to such fees only through no- (A) include a model assessment for a per- determine whether compliance has been tice and comment rulemaking. son to use under subsection (b)(1) of section achieved to the Secretary’s satisfaction; ‘‘(3) USE OF FEES.—The Secretary shall 420 of the Federal Food, Drug, and Cosmetic ‘‘(B) the term ‘reinspection-related costs’ make all of the fees collected pursuant to Act, as added by subsection (a); means all expenses, including administrative clause (i), (ii), (iii), and (iv) of paragraph (B) include examples of mitigation strate- expenses, incurred in connection with— (2)(A) available solely to pay for the costs re- gies or measures described in subsection ‘‘(i) arranging, conducting, and evaluating ferred to in such clause (i), (ii), (iii), and (iv) (b)(2) of such section; and the results of reinspections; and of paragraph (2)(A), respectively.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8076 CONGRESSIONAL RECORD — SENATE November 18, 2010

‘‘(c) LIMITATIONS.— Government subject to provisions of sub- (B) the National Response Framework; ‘‘(1) IN GENERAL.—Fees under subsection (a) chapter II of chapter 37 of title 31, United (C) the National Infrastructure Protection shall be refunded for a fiscal year beginning States Code. Plan; after fiscal year 2010 unless the amount of ‘‘(f) ANNUAL REPORT TO CONGRESS.—Not (D) the National Preparedness Goals; and the total appropriations for food safety ac- later than 120 days after each fiscal year for (E) other relevant national strategies. tivities at the Food and Drug Administra- which fees are assessed under this section, (b) COMPONENTS.— tion for such fiscal year (excluding the the Secretary shall submit a report to the (1) IN GENERAL.—The strategy shall include amount of fees appropriated for such fiscal Committee on Health, Education, Labor, and a description of the process to be used by the year) is equal to or greater than the amount Pensions of the Senate and the Committee Department of Health and Human Services, of appropriations for food safety activities at on Energy and Commerce of the House of the Department of Agriculture, and the De- the Food and Drug Administration for fiscal Representatives, to include a description of partment of Homeland Security— year 2009 (excluding the amount of fees ap- fees assessed and collected for each such year (A) to achieve each goal described in para- propriated for such fiscal year), multiplied and a summary description of the entities graph (2); and by the adjustment factor under paragraph paying such fees and the types of business in (B) to evaluate the progress made by Fed- (3). which such entities engage. eral, State, local, and tribal governments to- ‘‘(2) AUTHORITY.—If— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— wards the achievement of each goal de- ‘‘(A) the Secretary does not assess fees For fiscal year 2010 and each fiscal year scribed in paragraph (2). under subsection (a) for a portion of a fiscal thereafter, there is authorized to be appro- (2) GOALS.—The strategy shall include a year because paragraph (1) applies; and priated for fees under this section an amount description of the process to be used by the ‘‘(B) at a later date in such fiscal year, equal to the total revenue amount deter- Department of Health and Human Services, such paragraph (1) ceases to apply, mined under subsection (b) for the fiscal the Department of Agriculture, and the De- the Secretary may assess and collect such year, as adjusted or otherwise affected under partment of Homeland Security to achieve fees under subsection (a), without any modi- the other provisions of this section.’’. the following goals: (b) EXPORT CERTIFICATION FEES FOR FOODS fication to the rate of such fees, notwith- (A) PREPAREDNESS GOAL.—Enhance the pre- AND ANIMAL FEED.— standing the provisions of subsection (a) re- paredness of the agriculture and food system (1) AUTHORITY FOR EXPORT CERTIFICATIONS lating to the date fees are to be paid. by— FOR FOOD, INCLUDING ANIMAL FEED.—Section ‘‘(3) ADJUSTMENT FACTOR.— (i) conducting vulnerability assessments of 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amend- ‘‘(A) IN GENERAL.—The adjustment factor the agriculture and food system; ed— described in paragraph (1) shall be the total (ii) mitigating vulnerabilities of the sys- (A) in the matter preceding clause (i), by percentage change that occurred in the Con- tem; striking ‘‘a drug’’ and inserting ‘‘a food, sumer Price Index for all urban consumers (iii) improving communication and train- drug’’; (all items; United States city average) for ing relating to the system; (B) in clause (i) by striking ‘‘exported the 12-month period ending June 30 pre- (iv) developing and conducting exercises to drug’’ and inserting ‘‘exported food, drug’’; ceding the fiscal year, but in no case shall test decontamination and disposal plans; and such adjustment factor be negative. (v) developing modeling tools to improve (C) in clause (ii) by striking ‘‘the drug’’ event consequence assessment and decision ‘‘(B) COMPOUNDED BASIS.—The adjustment each place it appears and inserting ‘‘the under subparagraph (A) made each fiscal support; and food, drug’’. year shall be added on a compounded basis to (vi) preparing risk communication tools (2) CLARIFICATION OF CERTIFICATION.—Sec- the sum of all adjustments made each fiscal and enhancing public awareness through out- tion 801(e)(4) (21 U.S.C. 381(e)(4)) is amended year after fiscal year 2009. reach. by inserting after subparagraph (B) the fol- (B) DETECTION GOAL.—Improve agriculture ‘‘(4) LIMITATION ON AMOUNT OF CERTAIN lowing new subparagraph: and food system detection capabilities by— FEES.— ‘‘(C) For purposes of this paragraph, a cer- (i) identifying contamination in food prod- ‘‘(A) IN GENERAL.—Notwithstanding any tification by the Secretary shall be made on ucts at the earliest possible time; and other provision of this section and subject to such basis, and in such form (including a (ii) conducting surveillance to prevent the subparagraph (B), the Secretary may not col- publicly available listing) as the Secretary spread of diseases. lect fees in a fiscal year such that the determines appropriate.’’. (C) EMERGENCY RESPONSE GOAL.—Ensure an amount collected— efficient response to agriculture and food ‘‘(i) under subparagraph (B) of subsection SEC. 108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY. emergencies by— (a)(1) exceeds $20,000,000; and (a) DEVELOPMENT AND SUBMISSION OF (i) immediately investigating animal dis- ‘‘(ii) under subparagraphs (A) and (D) of STRATEGY.— ease outbreaks and suspected food contami- subsection (a)(1) exceeds $25,000,000 com- (1) IN GENERAL.—Not later than 1 year after nation; bined. the date of enactment of this Act, the Sec- (ii) preventing additional human illnesses; ‘‘(B) EXCEPTION.—If a domestic facility (as retary of Health and Human Services and the (iii) organizing, training, and equipping defined in section 415(b)) or an importer be- Secretary of Agriculture, in coordination animal, plant, and food emergency response comes subject to a fee described in subpara- with the Secretary of Homeland Security, teams of— graph (A), (B), or (D) of subsection (a)(1) shall prepare and transmit to the relevant (I) the Federal Government; and after the maximum amount of fees has been committees of Congress, and make publicly (II) State, local, and tribal governments; collected by the Secretary under subpara- available on the Internet Web sites of the (iv) designing, developing, and evaluating graph (A), the Secretary may collect a fee Department of Health and Human Services training and exercises carried out under ag- from such facility or importer. and the Department of Agriculture, the Na- riculture and food defense plans; and ‘‘(d) CREDITING AND AVAILABILITY OF tional Agriculture and Food Defense Strat- (v) ensuring consistent and organized risk FEES.—Fees authorized under subsection (a) egy. communication to the public by— shall be collected and available for obliga- tion only to the extent and in the amount (2) IMPLEMENTATION PLAN.—The strategy (I) the Federal Government; provided in appropriations Acts. Such fees shall include an implementation plan for use (II) State, local, and tribal governments; are authorized to remain available until ex- by the Secretaries described under paragraph and pended. Such sums as may be necessary may (1) in carrying out the strategy. (III) the private sector. be transferred from the Food and Drug Ad- (3) RESEARCH.—The strategy shall include (D) RECOVERY GOAL.—Secure agriculture ministration salaries and expenses account a coordinated research agenda for use by the and food production after an agriculture or without fiscal year limitation to such appro- Secretaries described under paragraph (1) in food emergency by— priation account for salaries and expenses conducting research to support the goals and (i) working with the private sector to de- with such fiscal year limitation. The sums activities described in paragraphs (1) and (2) velop business recovery plans to rapidly re- transferred shall be available solely for the of subsection (b). sume agriculture, food production, and inter- purpose of paying the operating expenses of (4) REVISIONS.—Not later than 4 years after national trade; the Food and Drug Administration employ- the date on which the strategy is submitted (ii) conducting exercises of the plans de- ees and contractors performing activities as- to the relevant committees of Congress scribed in subparagraph (C) with the goal of sociated with these food safety fees. under paragraph (1), and not less frequently long-term recovery results; ‘‘(e) COLLECTION OF FEES.— than every 4 years thereafter, the Secretary (iii) rapidly removing, and effectively dis- ‘‘(1) IN GENERAL.—The Secretary shall of Health and Human Services and the Sec- posing of— specify in the Federal Register notice de- retary of Agriculture, in coordination with (I) contaminated agriculture and food scribed in subsection (b)(1) the time and the Secretary of Homeland Security, shall products; and manner in which fees assessed under this sec- revise and submit to the relevant commit- (II) infected plants and animals; and tion shall be collected. tees of Congress the strategy. (iv) decontaminating and restoring areas ‘‘(2) COLLECTION OF UNPAID FEES.—In any (5) CONSISTENCY WITH EXISTING PLANS.—The affected by an agriculture or food emer- case where the Secretary does not receive strategy described in paragraph (1) shall be gency. payment of a fee assessed under this section consistent with— (3) EVALUATION.—The Secretary, in coordi- within 30 days after it is due, such fee shall (A) the National Incident Management nation with the Secretary of Agriculture and be treated as a claim of the United States System; the Secretary of Homeland Security, shall—

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8077 (A) develop metrics to measure progress (E) Surveillance systems and laboratory include a description of progress toward de- for the evaluation process described in para- networks to rapidly detect and respond to veloping and improving an automated risk graph (1)(B); and foodborne illness outbreaks and other food- assessment system for food safety surveil- (B) report on the progress measured in sub- related hazards, including how such systems lance and allocation of resources. paragraph (A) as part of the National Agri- and networks are integrated. (f) TRACEBACK AND SURVEILLANCE RE- culture and Food Defense strategy described (F) Outreach, education, and training pro- PORT.—The Secretary shall include in the re- in subsection (a)(1). vided to States and local governments to port developed under subsection (a)(1) an (c) LIMITED DISTRIBUTION.—In the interest build State and local food safety and food de- analysis of the Food and Drug Administra- of national security, the Secretary of Health fense capabilities, including progress imple- tion’s performance in foodborne illness out- and Human Services and the Secretary of menting strategies developed under sections breaks during the 5-year period preceding Agriculture, in coordination with the Sec- 108 and 205. the date of enactment of this Act involving retary of Homeland Security, may determine (G) The estimated resources needed to ef- fruits and vegetables that are raw agricul- the manner and format in which the Na- fectively implement the programs and prac- tural commodities (as defined in section tional Agriculture and Food Defense strat- tices identified in the report developed in 201(r) (21 U.S.C. 321(r)) and recommendations egy established under this section is made this section over a 5-year period. for enhanced surveillance, outbreak re- publicly available on the Internet Web sites (H) The impact of requirements under this sponse, and traceability. Such findings and of the Department of Health and Human Act (including amendments made by this recommendations shall address communica- Services, the Department of Homeland Secu- Act) on certified organic farms and facilities tion and coordination with the public, indus- rity, and the Department of Agriculture, as (as defined in section 415 (21 U.S.C. 350d). try, and State and local governments, as described in subsection (a)(1). (I) Specific efforts taken pursuant to the such communication and coordination re- SEC. 109. FOOD AND AGRICULTURE COORDI- agreements authorized under section 421(c) lates to outbreak identification and NATING COUNCILS. of the Federal Food, Drug, and Cosmetic Act traceback. The Secretary of Homeland Security, in (as added by section 201), together with, as (g) BIENNIAL FOOD SAFETY AND FOOD DE- coordination with the Secretary of Health necessary, a description of any additional FENSE RESEARCH PLAN.—The Secretary, the and Human Services and the Secretary of authorities necessary to improve seafood Secretary of Agriculture, and the Secretary Agriculture, shall within 180 days of enact- safety. of Homeland Security shall, on a biennial ment of this Act, and annually thereafter, (2) BIENNIAL REPORTS.—On a biennial basis basis, submit to Congress a joint food safety submit to the relevant committees of Con- following the submission of the report under and food defense research plan which may in- gress, and make publicly available on the paragraph (1), the Secretary shall submit to clude studying the long-term health effects Internet Web site of the Department of Congress a report that— of foodborne illness. Such biennial plan shall Homeland Security, a report on the activi- (A) reviews previous food safety programs include a list and description of projects con- ties of the Food and Agriculture Government and practices; ducted during the previous 2-year period and Coordinating Council and the Food and Agri- the plan for projects to be conducted during culture Sector Coordinating Council, includ- (B) outlines the success of those programs and practices; the subsequent 2-year period. ing the progress of such Councils on— (h) EFFECTIVENESS OF PROGRAMS ADMINIS- (C) identifies future programs and prac- (1) facilitating partnerships between public TERED BY THE DEPARTMENT OF HEALTH AND tices; and and private entities to help coordinate and HUMAN SERVICES.— (D) includes information related to any enhance the protection of the agriculture (1) IN GENERAL.—To determine whether ex- matter described in subparagraphs (A) and food system of the United States; isting Federal programs administered by the (2) providing for the regular and timely through (H) of paragraph (1), as necessary. (b) RISK-BASED ACTIVITIES.—The report de- Department of Health and Human Services interchange of information between each veloped under subsection (a)(1) shall describe are effective in achieving the stated goals of council relating to the security of the agri- methods that seek to ensure that resources such programs, the Secretary shall, begin- culture and food system (including intel- available to the Secretary for food safety-re- ning not later than 1 year after the date of ligence information); lated activities are directed at those actions enactment of this Act— (3) identifying best practices and methods most likely to reduce risks from food, in- (A) conduct an annual evaluation of each for improving the coordination among Fed- cluding the use of preventive strategies and program of such Department to determine eral, State, local, and private sector pre- allocation of inspection resources. The Sec- the effectiveness of each such program in paredness and response plans for agriculture retary shall promptly undertake those risk- achieving legislated intent, purposes, and ob- and food defense; and based actions that are identified during the jectives; and (4) recommending methods by which to development of the report as likely to con- (B) submit to Congress a report concerning protect the economy and the public health of tribute to the safety and security of the food such evaluation. the United States from the effects of— supply. (2) CONTENT.—The report described under (A) animal or plant disease outbreaks; (c) CAPABILITY FOR LABORATORY ANALYSES; paragraph (1)(B) shall— (B) food contamination; and RESEARCH.—The report developed under sub- (A) include conclusions concerning the rea- (C) natural disasters affecting agriculture section (a)(1) shall provide a description of sons that such existing programs have prov- and food. methods to increase capacity to undertake en successful or not successful and what fac- SEC. 110. BUILDING DOMESTIC CAPACITY. analyses of food samples promptly after col- tors contributed to such conclusions; (a) IN GENERAL.— lection, to identify new and rapid analytical (B) include recommendations for consoli- (1) INITIAL REPORT.—The Secretary, in co- techniques, including commercially-avail- dation and elimination to reduce duplication ordination with the Secretary of Agriculture able techniques that can be employed at and inefficiencies in such programs at such and the Secretary of Homeland Security, ports of entry and by Food Emergency Re- Department as identified during the evalua- shall, not later than 2 years after the date of sponse Network laboratories, and to provide tion conduct under this subsection; and enactment of this Act, submit to Congress a for well-equipped and staffed laboratory fa- (C) be made publicly available in a publica- comprehensive report that identifies pro- cilities and progress toward laboratory ac- tion entitled ‘‘Guide to the U.S. Department grams and practices that are intended to creditation under section 422 of the Federal of Health and Human Services Programs’’. promote the safety and supply chain security Food, Drug, and Cosmetic Act (as added by (i) UNIQUE IDENTIFICATION NUMBERS.— of food and to prevent outbreaks of section 202). (1) IN GENERAL.—Not later than 1 year after foodborne illness and other food-related haz- (d) INFORMATION TECHNOLOGY.—The report the date of enactment of this Act, the Sec- ards that can be addressed through preven- developed under subsection (a)(1) shall in- retary, acting through the Commissioner of clude a description of such information tech- tive activities. Such report shall include a Food and Drugs, shall conduct a study re- nology systems as may be needed to identify description of the following: garding the need for, and challenges associ- risks and receive data from multiple sources, (A) Analysis of the need for further regula- ated with, development and implementation including foreign governments, State, local, tions or guidance to industry. of a program that requires a unique identi- and tribal governments, other Federal agen- (B) Outreach to food industry sectors, in- cies, the food industry, laboratories, labora- fication number for each food facility reg- cluding through the Food and Agriculture tory networks, and consumers. The informa- istered with the Secretary and, as appro- Coordinating Councils referred to in section tion technology systems that the Secretary priate, each broker that imports food into 109, to identify potential sources of emerging describes shall also provide for the integra- the United States. Such study shall include threats to the safety and security of the food tion of the facility registration system under an evaluation of the costs associated with supply and preventive strategies to address section 415 of the Federal Food, Drug, and development and implementation of such a those threats. Cosmetic Act (21 U.S.C. 350d), and the prior system, and make recommendations about (C) Systems to ensure the prompt distribu- notice system under section 801(m) of such what new authorities, if any, would be nec- tion to the food industry of information and Act (21 U.S.C. 381(m)) with other information essary to develop and implement such a sys- technical assistance concerning preventive technology systems that are used by the tem. strategies. Federal Government for the processing of (2) REPORT.—Not later than 15 months (D) Communication systems to ensure that food offered for import into the United after the date of enactment of this Act, the information about specific threats to the States. Secretary shall submit to Congress a report safety and security of the food supply are (e) AUTOMATED RISK ASSESSMENT.—The re- that describes the findings of the study con- rapidly and effectively disseminated. port developed under subsection (a)(1) shall ducted under paragraph (1) and that includes

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8078 CONGRESSIONAL RECORD — SENATE November 18, 2010 any recommendations determined appro- (IV) listing any medication prescribed for cational agency shall submit an application priate by the Secretary. the child for the treatment of anaphylaxis; to the Secretary at such time, in such man- SEC. 111. SANITARY TRANSPORTATION OF FOOD. (V) detailing emergency treatment proce- ner, and including such information as the (a) IN GENERAL.—Not later than 18 months dures in the event of a reaction; Secretary may reasonably require. after the date of enactment of this Act, the (VI) listing the signs and symptoms of a re- (B) CONTENTS.—Each application sub- Secretary shall promulgate regulations de- action; and mitted under subparagraph (A) shall in- scribed in section 416(b) of the Federal Food, (VII) assessing the child’s readiness for clude— Drug, and Cosmetic Act (21 U.S.C. 350e(b)). self-administration of prescription medica- (i) an assurance that the local educational (b) FOOD TRANSPORTATION STUDY.—The tion; and agency has developed plans in accordance Secretary, acting through the Commissioner (ii) a list of substitute meals that may be with the food allergy and anaphylaxis man- of Food and Drugs, shall conduct a study of offered to the child by school or early child- agement guidelines described in subsection the transportation of food for consumption hood education program food service per- (b); in the United States, including transpor- sonnel. (ii) a description of the activities to be tation by air, that includes an examination (B) The creation and maintenance of an in- funded by the grant in carrying out the food of the unique needs of rural and frontier dividual plan for food allergy management, allergy and anaphylaxis management guide- areas with regard to the delivery of safe in consultation with the parent, tailored to lines, including— food. the needs of each child with a documented (I) how the guidelines will be carried out at SEC. 112. FOOD ALLERGY AND ANAPHYLAXIS risk for anaphylaxis, including any proce- individual schools served by the local edu- MANAGEMENT. dures for the self-administration of medica- cational agency; (a) DEFINITIONS.—In this section: tion by such children in instances where— (II) how the local educational agency will (1) EARLY CHILDHOOD EDUCATION PRO- (i) the children are capable of self-admin- inform parents and students of the guide- GRAM.—The term ‘‘early childhood education istering medication; and lines in place; program’’ means— (ii) such administration is not prohibited (III) how school nurses, teachers, adminis- (A) a Head Start program or an Early Head by State law. trators, and other school-based staff will be Start program carried out under the Head (C) Communication strategies between in- made aware of, and given training on, when Start Act (42 U.S.C. 9831 et seq.); dividual schools or early childhood edu- applicable, the guidelines in place; and (B) a State licensed or regulated child care cation programs and providers of emergency (IV) any other activities that the Sec- program or school; or medical services, including appropriate in- retary determines appropriate; (C) a State prekindergarten program that structions for emergency medical response. (iii) an itemization of how grant funds re- serves children from birth through kinder- (D) Strategies to reduce the risk of expo- ceived under this subsection will be ex- garten. sure to anaphylactic causative agents in pended; (2) ESEA DEFINITIONS.—The terms ‘‘local classrooms and common school or early (iv) a description of how adoption of the educational agency’’, ‘‘secondary school’’, childhood education program areas such as guidelines and implementation of grant ac- ‘‘elementary school’’, and ‘‘parent’’ have the cafeterias. tivities will be monitored; and meanings given the terms in section 9101 of (E) The dissemination of general informa- (v) an agreement by the local educational the Elementary and Secondary Education tion on life-threatening food allergies to agency to report information required by the Act of 1965 (20 U.S.C. 7801). school or early childhood education program Secretary to conduct evaluations under this (3) SCHOOL.—The term ‘‘school’’ includes staff, parents, and children. subsection. public— (F) Food allergy management training of (3) USE OF FUNDS.—Each local educational (A) kindergartens; school or early childhood education program agency that receives a grant under this sub- (B) elementary schools; and personnel who regularly come into contact section may use the grant funds for the fol- (C) secondary schools. with children with life-threatening food al- lowing: (4) SECRETARY.—The term ‘‘Secretary’’ lergies. (A) Purchase of materials and supplies, in- means the Secretary of Health and Human (G) The authorization and training of cluding limited medical supplies such as epi- Services. school or early childhood education program nephrine and disposable wet wipes, to sup- (b) ESTABLISHMENT OF VOLUNTARY FOOD personnel to administer epinephrine when port carrying out the food allergy and ana- ALLERGY AND ANAPHYLAXIS MANAGEMENT the nurse is not immediately available. phylaxis management guidelines described in GUIDELINES.— (H) The timely accessibility of epinephrine subsection (b). (1) ESTABLISHMENT.— by school or early childhood education pro- (B) In partnership with local health depart- (A) IN GENERAL.—Not later than 1 year gram personnel when the nurse is not imme- ments, school nurse, teacher, and personnel after the date of enactment of this Act, the diately available. training for food allergy management. Secretary, in consultation with the Sec- (I) The creation of a plan contained in each (C) Programs that educate students as to retary of Education, shall— individual plan for food allergy management the presence of, and policies and procedures (i) develop guidelines to be used on a vol- that addresses the appropriate response to in place related to, food allergies and untary basis to develop plans for individuals an incident of anaphylaxis of a child while anaphylactic shock. to manage the risk of food allergy and ana- such child is engaged in extracurricular pro- (D) Outreach to parents. phylaxis in schools and early childhood edu- grams of a school or early childhood edu- (E) Any other activities consistent with cation programs; and cation program, such as non-academic out- the guidelines described in subsection (b). (ii) make such guidelines available to local ings and field trips, before- and after-school (4) DURATION OF AWARDS.—The Secretary educational agencies, schools, early child- programs or before- and after-early child may award grants under this subsection for a hood education programs, and other inter- education program programs, and school- period of not more than 2 years. In the event ested entities and individuals to be imple- sponsored or early childhood education pro- the Secretary conducts a program evaluation mented on a voluntary basis only. gram-sponsored programs held on weekends. under this subsection, funding in the second (B) APPLICABILITY OF FERPA.—Each plan (J) Maintenance of information for each year of the grant, where applicable, shall be described in subparagraph (A) that is devel- administration of epinephrine to a child at contingent on a successful program evalua- oped for an individual shall be considered an risk for anaphylaxis and prompt notification tion by the Secretary after the first year. education record for the purpose of section to parents. (5) LIMITATION ON GRANT FUNDING.—The 444 of the General Education Provisions Act (K) Other elements the Secretary deter- Secretary may not provide grant funding to (commonly referred to as the ‘‘Family Edu- mines necessary for the management of food a local educational agency under this sub- cational Rights and Privacy Act of 1974’’) (20 allergies and anaphylaxis in schools and section after such local educational agency U.S.C. 1232g). early childhood education programs. has received 2 years of grant funding under (2) CONTENTS.—The voluntary guidelines (3) RELATION TO STATE LAW.—Nothing in this subsection. developed by the Secretary under paragraph this section or the guidelines developed by (6) MAXIMUM AMOUNT OF ANNUAL AWARDS.— (1) shall address each of the following and the Secretary under paragraph (1) shall be A grant awarded under this subsection may may be updated as the Secretary determines construed to preempt State law, including not be made in an amount that is more than necessary: any State law regarding whether students at $50,000 annually. (A) Parental obligation to provide the risk for anaphylaxis may self-administer (7) PRIORITY.—In awarding grants under school or early childhood education pro- medication. this subsection, the Secretary shall give pri- gram, prior to the start of every school year, (c) SCHOOL-BASED FOOD ALLERGY MANAGE- ority to local educational agencies with the with— MENT GRANTS.— highest percentages of children who are (i) documentation from their child’s physi- (1) IN GENERAL.—The Secretary may award counted under section 1124(c) of the Elemen- cian or nurse— grants to local educational agencies to assist tary and Secondary Education Act of 1965 (20 (I) supporting a diagnosis of food allergy, such agencies with implementing voluntary U.S.C. 6333(c)). and any risk of anaphylaxis, if applicable; food allergy and anaphylaxis management (8) MATCHING FUNDS.— (II) identifying any food to which the child guidelines described in subsection (b). (A) IN GENERAL.—The Secretary may not is allergic; (2) APPLICATION.— award a grant under this subsection unless (III) describing, if appropriate, any prior (A) IN GENERAL.—To be eligible to receive a the local educational agency agrees that, history of anaphylaxis; grant under this subsection, a local edu- with respect to the costs to be incurred by

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8079 such local educational agency in carrying ‘‘(A) the term ‘anabolic steroid’ has the mestic oyster industry in the United States out the grant activities, the local edu- meaning given such term in section 102(41) of and in international markets. cational agency shall make available (di- the Controlled Substances Act; and (d) WAIVER.—The requirement of preparing rectly or through donations from public or ‘‘(B) the term ‘analogue of an anabolic a report under subsection (a) shall be waived private entities) non-Federal funds toward steroid’ means a substance whose chemical if the Secretary issues a guidance that is such costs in an amount equal to not less structure is substantially similar to the adopted as a consensus agreement between than 25 percent of the amount of the grant. chemical structure of an anabolic steroid.’’. Federal and State regulators and the oyster (B) DETERMINATION OF AMOUNT OF NON-FED- (b) GUIDANCE.—Not later than 180 days industry, acting through the Interstate ERAL CONTRIBUTION.—Non-Federal funds re- after the date of enactment of this Act, the Shellfish Sanitation Conference. quired under subparagraph (A) may be cash Secretary shall publish guidance that clari- (e) PUBLIC ACCESS.—Any report prepared or in kind, including plant, equipment, or fies when a dietary supplement ingredient is under this section shall be made available to services. Amounts provided by the Federal a new dietary ingredient, when the manufac- the public. Government, and any portion of any service turer or distributor of a dietary ingredient SEC. 115. PORT SHOPPING. subsidized by the Federal Government, may or dietary supplement should provide the Until the date on which the Secretary pro- not be included in determining the amount Secretary with information as described in mulgates a final rule that implements the of such non-Federal funds. section 413(a)(2) of the Federal Food, Drug, amendments made by section 308 of the Pub- (9) ADMINISTRATIVE FUNDS.—A local edu- and Cosmetic Act, the evidence needed to lic Health Security and Bioterrorism Pre- cational agency that receives a grant under document the safety of new dietary ingredi- paredness and Response Act of 2002, (Public this subsection may use not more than 2 per- ents, and appropriate methods for estab- Law 107–188), the Secretary shall notify the cent of the grant amount for administrative lishing the identify of a new dietary ingre- Secretary of Homeland Security of all in- costs related to carrying out this subsection. dient. stances in which the Secretary refuses to (10) PROGRESS AND EVALUATIONS.—At the SEC. 114. REQUIREMENT FOR GUIDANCE RELAT- admit a food into the United States under completion of the grant period referred to in ING TO POST HARVEST PROCESSING section 801(a) of the Federal Food, Drug, and paragraph (4), a local educational agency OF RAW OYSTERS. Cosmetic Act (21 U.S.C. 381(a)) so that the (a) IN GENERAL.—Not later than 90 days shall provide the Secretary with information Secretary of Homeland Security, acting prior to the issuance of any guidance, regula- on how grant funds were spent and the status through the Commissioner of Customs and tion, or suggested amendment by the Food of implementation of the food allergy and Border Protection, may prevent food refused and Drug Administration to the National anaphylaxis management guidelines de- admittance into the United States by a Shellfish Sanitation Program’s Model Ordi- scribed in subsection (b). United States port of entry from being ad- nance, or the issuance of any guidance or mitted by another United States port of (11) SUPPLEMENT, NOT SUPPLANT.—Grant regulation by the Food and Drug Adminis- entry, through the notification of other such funds received under this subsection shall be tration relating to the Seafood Hazard Anal- United States ports of entry. used to supplement, and not supplant, non- ysis Critical Control Points Program of the Federal funds and any other Federal funds SEC. 116. ALCOHOL-RELATED FACILITIES. Food and Drug Administration (parts 123 and available to carry out the activities de- (a) IN GENERAL.—Except as provided by 1240 of title 21, Code of Federal Regulations sections 102, 206, 207, 302, 304, 402, 403, and 404 scribed in this subsection. (or any successor regulations), where such of this Act, and the amendments made by (12) AUTHORIZATION OF APPROPRIATIONS.— guidance, regulation or suggested amend- such sections, nothing in this Act, or the There is authorized to be appropriated to ment relates to post harvest processing for amendments made by this Act, shall be con- carry out this subsection $30,000,000 for fiscal raw oysters, the Secretary shall prepare and strued to apply to a facility that— year 2011 and such sums as may be necessary submit to the Committee on Health, Edu- (1) under the Federal Alcohol Administra- for each of the 4 succeeding fiscal years. cation, Labor, and Pensions of the Senate tion Act (27 U.S.C. 201 et seq.) or chapter 51 (d) VOLUNTARY NATURE OF GUIDELINES.— and the Committee on Energy and Commerce of subtitle E of the Internal Revenue Code of (1) IN GENERAL.—The food allergy and ana- of the House of Representatives a report 1986 (26 U.S.C. 5001 et seq.) is required to ob- phylaxis management guidelines developed which shall include— tain a permit or to register with the Sec- by the Secretary under subsection (b) are (1) an assessment of how post harvest proc- retary of the Treasury as a condition of voluntary. Nothing in this section or the essing or other equivalent controls feasibly doing business in the United States; and guidelines developed by the Secretary under may be implemented in the fastest, safest, (2) under section 415 of the Federal Food, subsection (b) shall be construed to require a and most economical manner; Drug, and Cosmetic Act (21 U.S.C. 350d) is re- local educational agency to implement such (2) the projected public health benefits of quired to register as a facility because such guidelines. any proposed post harvest processing; facility is engaged in manufacturing, proc- (2) EXCEPTION.—Notwithstanding para- (3) the projected costs of compliance with essing, packing, or holding 1 or more alco- graph (1), the Secretary may enforce an such post harvest processing measures; holic beverages, with respect to the activi- agreement by a local educational agency to (4) the impact post harvest processing is ties of such facility that relate to the manu- implement food allergy and anaphylaxis expected to have on the sales, cost, and facturing, processing, packing, or holding of management guidelines as a condition of the availability of raw oysters; alcoholic beverages. receipt of a grant under subsection (c). (5) criteria for ensuring post harvest proc- (b) LIMITED RECEIPT AND DISTRIBUTION OF SEC. 113. NEW DIETARY INGREDIENTS. essing standards will be applied equally to NON-ALCOHOL FOOD.—Subsection (a) shall not shellfish imported from all nations of origin; apply to a facility engaged in the receipt and (a) IN GENERAL.—Section 413 of the Federal (6) an evaluation of alternative measures distribution of any non-alcohol food, except Food, Drug, and Cosmetic Act (21 U.S.C. to prevent, eliminate, or reduce to an accept- that such paragraph shall apply to a facility 350b) is amended— able level the occurrence of foodborne ill- described in such paragraph that receives (1) by redesignating subsection (c) as sub- ness; and and distributes non-alcohol food, provided section (d); and (7) the extent to which the Food and Drug such food is received and distributed— (2) by inserting after subsection (b) the fol- Administration has consulted with the (1) in a prepackaged form that prevents lowing: States and other regulatory agencies, as ap- any direct human contact with such food; ‘‘(c) NOTIFICATION.— propriate, with regard to post harvest proc- and ‘‘(1) IN GENERAL.—If the Secretary deter- essing measures. (2) in amounts that constitute not more mines that the information in a new dietary (b) LIMITATION.—Subsection (a) shall not than 5 percent of the overall sales of such fa- ingredient notification submitted under this apply to the guidance described in section cility, as determined by the Secretary of the section for an article purported to be a new 103(h). Treasury. dietary ingredient is inadequate to establish (c) REVIEW AND EVALUATION.—Not later (c) RULE OF CONSTRUCTION.—Except as pro- that a dietary supplement containing such than 30 days after the Secretary issues a pro- vided in subsections (a) and (b), this section article will reasonably be expected to be safe posed regulation or guidance described in shall not be construed to exempt any food, because the article may be, or may contain, subsection (a), the Comptroller General of other than alcoholic beverages, as defined in an anabolic steroid or an analogue of an ana- the United States shall— section 214 of the Federal Alcohol Adminis- bolic steroid, the Secretary shall notify the (1) review and evaluate the report de- tration Act (27 U.S.C. 214), from the require- Drug Enforcement Administration of such scribed in (a) and report to Congress on the ments of this Act (including the amendments determination. Such notification by the Sec- findings of the estimates and analysis in the made by this Act). retary shall include, at a minimum, the report; TITLE II—IMPROVING CAPACITY TO DE- name of the dietary supplement or article, (2) compare such proposed regulation or TECT AND RESPOND TO FOOD SAFETY the name of the person or persons who mar- guidance to similar regulations or guidance PROBLEMS keted the product or made the submission of with respect to other regulated foods, includ- SEC. 201. TARGETING OF INSPECTION RE- information regarding the article to the Sec- ing a comparison of risks the Secretary may SOURCES FOR DOMESTIC FACILI- retary under this section, and any contact find associated with seafood and the in- TIES, FOREIGN FACILITIES, AND information for such person or persons that stances of those risks in such other regu- PORTS OF ENTRY; ANNUAL REPORT. the Secretary has. lated foods; and (a) TARGETING OF INSPECTION RESOURCES ‘‘(2) DEFINITIONS.—For purposes of this sub- (3) evaluate the impact of post harvest FOR DOMESTIC FACILITIES, FOREIGN FACILI- section— processing on the competitiveness of the do- TIES, AND PORTS OF ENTRY.—Chapter IV (21

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TARGETING OF INSPECTION RE- tries or regions of origin and countries ‘‘(1) information about food facilities in- SOURCES FOR DOMESTIC FACILI- through which such article of food is trans- cluding— TIES, FOREIGN FACILITIES, AND ported. ‘‘(A) the appropriations used to inspect fa- PORTS OF ENTRY; ANNUAL REPORT. ‘‘(3) The compliance history of the im- cilities registered pursuant to section 415 in ‘‘(a) IDENTIFICATION AND INSPECTION OF FA- porter, including with regard to food recalls, the previous fiscal year; CILITIES.— outbreaks of foodborne illness, and viola- ‘‘(B) the average cost of both a non-high- ‘‘(1) IDENTIFICATION.—The Secretary shall tions of food safety standards. risk food facility inspection and a high-risk identify high-risk facilities and shall allo- ‘‘(4) The rigor and effectiveness of the ac- food facility inspection, if such a difference cate resources to inspect facilities according tivities conducted by the importer of such exists, in the previous fiscal year; to the known safety risks of the facilities, article of food to satisfy the requirements of ‘‘(C) the number of domestic facilities and which shall be based on the following fac- the foreign supplier verification program the number of foreign facilities registered tors: under section 805. pursuant to section 415 that the Secretary ‘‘(A) The known safety risks of the food ‘‘(5) Whether the food importer partici- inspected in the previous fiscal year; manufactured, processed, packed, or held at pates in the voluntary qualified importer ‘‘(D) the number of domestic facilities and the facility. program under section 806. the number of foreign facilities registered ‘‘(B) The compliance history of a facility, ‘‘(6) Whether the food meets the criteria pursuant to section 415 that were scheduled including with regard to food recalls, out- for priority under section 801(h)(1). for inspection in the previous fiscal year and breaks of foodborne illness, and violations of ‘‘(7) Whether the food or the facility that which the Secretary did not inspect in such food safety standards. manufactured, processed, packed, or held year; ‘‘(C) The rigor and effectiveness of the fa- such food received a certification as de- ‘‘(E) the number of high-risk facilities cility’s hazard analysis and risk-based pre- scribed in section 801(q) or 806. identified pursuant to section 421 that the ventive controls. ‘‘(8) Any other criteria deemed necessary Secretary inspected in the previous fiscal ‘‘(D) Whether the food manufactured, proc- and appropriate by the Secretary for pur- year; and essed, packed, or held at the facility meets poses of allocating inspection resources. ‘‘(F) the number of high-risk facilities the criteria for priority under section ‘‘(c) INTERAGENCY AGREEMENTS WITH RE- identified pursuant to section 421 that were 801(h)(1). SPECT TO SEAFOOD.— scheduled for inspection in the previous fis- ‘‘(E) Whether the food or the facility that ‘‘(1) IN GENERAL.—The Secretary of Health cal year and which the Secretary did not in- manufactured, processed, packed, or held and Human Services, the Secretary of Com- spect in such year. such food has received a certification as de- merce, the Secretary of Homeland Security, ‘‘(2) information about food imports in- scribed in section 801(q) or 806, as appro- the Chairman of the Federal Trade Commis- cluding— priate. sion, and the heads of other appropriate ‘‘(A) the number of lines of food imported ‘‘(F) Any other criteria deemed necessary agencies may enter into such agreements as into the United States that the Secretary and appropriate by the Secretary for pur- may be necessary or appropriate to improve physically inspected or sampled in the pre- poses of allocating inspection resources. seafood safety. vious fiscal year; ‘‘(2) INSPECTIONS.— ‘‘(2) SCOPE OF AGREEMENTS.—The agree- ‘‘(B) the number of lines of food imported ‘‘(A) IN GENERAL.—Beginning on the date of ments under paragraph (1) may include— into the United States that the Secretary enactment of the FDA Food Safety Mod- ‘‘(A) cooperative arrangements for exam- did not physically inspect or sample in the ernization Act, the Secretary shall increase ining and testing seafood imports that lever- previous fiscal year; and the frequency of inspection of all facilities. age the resources, capabilities, and authori- ‘‘(C) the average cost of physically inspect- ‘‘(B) DOMESTIC HIGH-RISK FACILITIES.—The ties of each party to the agreement; ing or sampling a line of food subject to this Secretary shall increase the frequency of in- ‘‘(B) coordination of inspections of foreign Act that is imported or offered for import spection of domestic facilities identified facilities to increase the percentage of im- into the United States; and under paragraph (1) as high-risk facilities ported seafood and seafood facilities in- ‘‘(3) information on the foreign offices of such that each such facility is inspected— spected; the Food and Drug Administration includ- ‘‘(i) not less often than once in the 5-year ‘‘(C) standardization of data on seafood ing— period following the date of enactment of the names, inspection records, and laboratory ‘‘(A) the number of foreign offices estab- FDA Food Safety Modernization Act; and testing to improve interagency coordination; lished; and ‘‘(ii) not less often than once every 3 years ‘‘(D) coordination to detect and investigate ‘‘(B) the number of personnel permanently thereafter. violations under applicable Federal law; stationed in each foreign office. ‘‘(C) DOMESTIC NON-HIGH-RISK FACILITIES.— ‘‘(E) a process, including the use or modi- ‘‘(i) PUBLIC AVAILABILITY OF ANNUAL FOOD The Secretary shall ensure that each domes- fication of existing processes, by which offi- REPORTS.—The Secretary shall make the re- tic facility that is not identified under para- cers and employees of the National Oceanic ports required under subsection (h) available graph (1) as a high-risk facility is inspected— and Atmospheric Administration may be to the public on the Internet Web site of the ‘‘(i) not less often than once in the 7-year duly designated by the Secretary to carry Food and Drug Administration.’’. period following the date of enactment of the out seafood examinations and investigations (c) ADVISORY COMMITTEE CONSULTATION.— FDA Food Safety Modernization Act; and under section 801 of this Act or section 203 of In allocating inspection resources as de- ‘‘(ii) not less often than once every 5 years the Food Allergen Labeling and Consumer scribed in section 421 of the Federal Food, thereafter. Protection Act of 2004; Drug, and Cosmetic Act (as added by sub- ‘‘(D) FOREIGN FACILITIES.— ‘‘(F) the sharing of information concerning section (a)), the Secretary may, as appro- ‘‘(i) YEAR 1.—In the 1-year period following observed non-compliance with United States priate, consult with any relevant advisory the date of enactment of the FDA Food Safe- food requirements domestically and in for- committee within the Department of Health ty Modernization Act, the Secretary shall in- eign nations and new regulatory decisions and Human Services. spect not fewer than 600 foreign facilities. and policies that may affect the safety of SEC. 202. LABORATORY ACCREDITATION FOR ‘‘(ii) SUBSEQUENT YEARS.—In each of the 5 food imported into the United States; ANALYSES OF FOODS. (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 years following the 1-year period described ‘‘(G) conducting joint training on subjects et seq.), as amended by section 201, is amend- in clause (i), the Secretary shall inspect not that affect and strengthen seafood inspection ed by adding at the end the following: fewer than twice the number of foreign fa- effectiveness by Federal authorities; and cilities inspected by the Secretary during ‘‘(H) outreach on Federal efforts to en- ‘‘SEC. 422. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS. the previous year. hance seafood safety and compliance with ‘‘(a) RECOGNITION OF LABORATORY ACCREDI- ‘‘(E) RELIANCE ON FEDERAL, STATE, OR Federal food safety requirements. TATION.— LOCAL INSPECTIONS.—In meeting the inspec- ‘‘(d) COORDINATION.—The Secretary shall ‘‘(1) IN GENERAL.—Not later than 2 years tion requirements under this subsection for improve coordination and cooperation with after the date of enactment of the FDA Food domestic facilities, the Secretary may rely the Secretary of Agriculture and the Sec- Safety Modernization Act, the Secretary on inspections conducted by other Federal, retary of Homeland Security to target food State, or local agencies under interagency inspection resources. shall— agreement, contract, memoranda of under- ‘‘(e) FACILITY.—For purposes of this sec- ‘‘(A) establish a program for the testing of standing, or other obligation. tion, the term ‘facility’ means a domestic fa- food by accredited laboratories; ‘‘(b) IDENTIFICATION AND INSPECTION AT cility or a foreign facility that is required to ‘‘(B) establish a publicly available registry PORTS OF ENTRY.—The Secretary, in con- register under section 415.’’. of accreditation bodies recognized by the sultation with the Secretary of Homeland (b) ANNUAL REPORT.—Section 1003 (21 Secretary and laboratories accredited by a Security, shall allocate resources to inspect U.S.C. 393) is amended by adding at the end recognized accreditation body, including the any article of food imported into the United the following: name of, contact information for, and other States according to the known safety risks ‘‘(h) ANNUAL REPORT REGARDING FOOD.— information deemed appropriate by the Sec- of the article of food, which shall be based on Not later than February 1 of each year, the retary about such bodies and laboratories; the following factors: Secretary shall submit to Congress a report, and

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‘‘(C) require, as a condition of recognition ‘‘(1) IN GENERAL.—Not later than 30 months (3) provides accessible, timely, accurate, or accreditation, as appropriate, that recog- after the date of enactment of the FDA Food and consistent food laboratory services nized accreditation bodies and accredited Safety Modernization Act, food testing shall throughout the United States; laboratories report to the Secretary any be conducted by Federal laboratories or non- (4) develops and implements a methods re- changes that would affect the recognition of Federal laboratories that have been accred- pository for use by Federal, State, and local such accreditation body or the accreditation ited for the appropriate sampling or analyt- officials; of such laboratory. ical testing methodology or methodologies (5) responds to food-related emergencies; ‘‘(2) PROGRAM REQUIREMENTS.—The pro- by a recognized accreditation body on the and gram established under paragraph (1)(A) registry established by the Secretary under (6) is integrated with relevant laboratory shall provide for the recognition of labora- subsection (a)(1)(B) whenever such testing is networks administered by other Federal tory accreditation bodies that meet criteria conducted— agencies. established by the Secretary for accredita- ‘‘(A) by or on behalf of an owner or con- SEC. 203. INTEGRATED CONSORTIUM OF LABORA- tion of laboratories, including independent signee— TORY NETWORKS. private laboratories and laboratories run and ‘‘(i) in response to a specific testing re- (a) IN GENERAL.—The Secretary of Home- operated by a Federal agency (including the quirement under this Act or implementing land Security, in coordination with the Sec- Department of Commerce), State, or locality regulations, when applied to address an iden- retary of Health and Human Services, the with a demonstrated capability to conduct 1 tified or suspected food safety problem; and Secretary of Agriculture, the Secretary of or more sampling and analytical testing ‘‘(ii) as required by the Secretary, as the Commerce, and the Administrator of the En- methodologies for food. Secretary deems appropriate, to address an vironmental Protection Agency, shall main- ‘‘(3) INCREASING THE NUMBER OF QUALIFIED identified or suspected food safety problem; tain an agreement through which relevant LABORATORIES.—The Secretary shall work or laboratory network members, as determined with the laboratory accreditation bodies rec- ‘‘(B) on behalf of an owner or consignee— by the Secretary of Homeland Security, ognized under paragraph (1), as appropriate, ‘‘(i) in support of admission of an article of shall— to increase the number of qualified labora- food under section 801(a); and (1) agree on common laboratory methods tories that are eligible to perform testing ‘‘(ii) under an Import Alert that requires in order to reduce the time required to de- under subparagraph (b) beyond the number successful consecutive tests. tect and respond to foodborne illness out- so qualified on the date of enactment of the ‘‘(2) RESULTS OF TESTING.—The results of breaks and facilitate the sharing of knowl- FDA Food Safety Modernization Act. any such testing shall be sent directly to the edge and information relating to animal ‘‘(4) LIMITED DISTRIBUTION.—In the interest Food and Drug Administration, except the health, agriculture, and human health; of national security, the Secretary, in co- Secretary may by regulation exempt test re- (2) identify means by which laboratory net- ordination with the Secretary of Homeland sults from such submission requirement if work members could work cooperatively— Security, may determine the time, manner, the Secretary determines that such results (A) to optimize national laboratory pre- and form in which the registry established do not contribute to the protection of public paredness; and under paragraph (1)(B) is made publicly health. Test results required to be submitted (B) to provide surge capacity during emer- available. may be submitted to the Food and Drug Ad- ‘‘(5) FOREIGN LABORATORIES.—Accredita- gencies; and ministration through electronic means. tion bodies recognized by the Secretary (3) engage in ongoing dialogue and build re- ‘‘(3) EXCEPTION.—The Secretary may waive under paragraph (1) may accredit labora- lationships that will support a more effec- requirements under this subsection if— tories that operate outside the United tive and integrated response during emer- ‘‘(A) a new methodology or methodologies States, so long as such laboratories meet the gencies. have been developed and validated but a lab- accreditation standards applicable to domes- oratory has not yet been accredited to per- (b) REPORTING REQUIREMENT.—The Sec- tic laboratories accredited under this sec- form such methodology or methodologies; retary of Homeland Security shall, on a bien- tion. and nial basis, submit to the relevant commit- ‘‘(6) MODEL LABORATORY STANDARDS.—The ‘‘(B) the use of such methodology or meth- tees of Congress, and make publicly avail- Secretary shall develop model standards that able on the Internet Web site of the Depart- a laboratory shall meet to be accredited by a odologies are necessary to prevent, control, or mitigate a food emergency or foodborne ment of Homeland Security, a report on the recognized accreditation body for a specified progress of the integrated consortium of lab- sampling or analytical testing methodology illness outbreak. ‘‘(c) REVIEW BY SECRETARY.—If food sam- oratory networks, as established under sub- and included in the registry provided for pling and testing performed by a laboratory section (a), in carrying out this section. under paragraph (1). In developing the model run and operated by a State or locality that standards, the Secretary shall consult exist- SEC. 204. ENHANCING TRACKING AND TRACING is accredited by a recognized accreditation OF FOOD AND RECORDKEEPING. ing standards for guidance. The model stand- body on the registry established by the Sec- (a) PILOT PROJECTS.— ards shall include— retary under subsection (a) result in a State (1) IN GENERAL.—Not later than 270 days ‘‘(A) methods to ensure that— recalling a food, the Secretary shall review after the date of enactment of this Act, the ‘‘(i) appropriate sampling, analytical pro- the sampling and testing results for the pur- Secretary of Health and Human Services (re- cedures (including rapid analytical proce- pose of determining the need for a national dures), and commercially available tech- recall or other compliance and enforcement ferred to in this section as the ‘‘Secretary’’), niques are followed and reports of analyses activities. taking into account recommendations from are certified as true and accurate; ‘‘(d) NO LIMIT ON SECRETARIAL AUTHOR- the Secretary of Agriculture and representa- ‘‘(ii) internal quality systems are estab- ITY.—Nothing in this section shall be con- tives of State departments of health and ag- lished and maintained; strued to limit the ability of the Secretary riculture, shall establish pilot projects in co- ‘‘(iii) procedures exist to evaluate and re- to review and act upon information from ordination with the food industry to explore spond promptly to complaints regarding food testing, including determining the suffi- and evaluate methods to rapidly and effec- analyses and other activities for which the ciency of such information and testing.’’. tively identify recipients of food to prevent laboratory is accredited; and (b) FOOD EMERGENCY RESPONSE NETWORK.— or mitigate a foodborne illness outbreak and ‘‘(iv) individuals who conduct the sampling The Secretary, in coordination with the Sec- to address credible threats of serious adverse and analyses are qualified by training and retary of Agriculture, the Secretary of health consequences or death to humans or experience to do so; and Homeland Security, and State, local, and animals as a result of such food being adul- ‘‘(B) any other criteria determined appro- tribal governments shall, not later than 180 terated under section 402 of the Federal priate by the Secretary. days after the date of enactment of this Act, Food, Drug, and Cosmetic Act (21 U.S.C. 342) ‘‘(7) REVIEW OF RECOGNITION.—To ensure and biennially thereafter, submit to the rel- or misbranded under section 403(w) of such compliance with the requirements of this evant committees of Congress, and make Act (21 U.S.C. 343(w)). section, the Secretary— publicly available on the Internet Web site (2) CONTENT.—The Secretary shall conduct ‘‘(A) shall periodically, and in no case less of the Department of Health and Human 1 or more pilot projects under paragraph (1) than once every 5 years, reevaluate accredi- Services, a report on the progress in imple- in coordination with the processed food sec- tation bodies recognized under paragraph (1) menting a national food emergency response tor and 1 or more such pilot projects in co- and may accompany auditors from an ac- laboratory network that— ordination with processors or distributors of creditation body to assess whether the ac- (1) provides ongoing surveillance, rapid de- fruits and vegetables that are raw agricul- creditation body meets the criteria for rec- tection, and surge capacity for large-scale tural commodities. The Secretary shall en- ognition; and food-related emergencies, including inten- sure that the pilot projects under paragraph ‘‘(B) shall promptly revoke the recognition tional adulteration of the food supply; (1) reflect the diversity of the food supply of any accreditation body found not to be in (2) coordinates the food laboratory capac- and include at least 3 different types of foods compliance with the requirements of this ities of State, local, and tribal food labora- that have been the subject of significant out- section, specifying, as appropriate, any tories, including the adoption of novel sur- breaks during the 5-year period preceding terms and conditions necessary for labora- veillance and identification technologies and the date of enactment of this Act, and are se- tories accredited by such body to continue to the sharing of data between Federal agencies lected in order to— perform testing as described in this section. and State laboratories to develop national (A) develop and demonstrate methods for ‘‘(b) TESTING PROCEDURES.— situational awareness; rapid and effective tracking and tracing of

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(B) develop and demonstrate appropriate (A) relate only to information that is rea- (B) LIST OF HIGH-RISK FOODS.—At the time technologies, including technologies existing sonably available and appropriate; the Secretary promulgates the final rules on the date of enactment of this Act, that (B) be science-based; under paragraph (1), the Secretary shall pub- enhance the tracking and tracing of food; (C) not prescribe specific technologies for lish the list of the foods designated under and the maintenance of records; subparagraph (A) as high-risk foods on the (C) inform the promulgation of regulations (D) ensure that the public health benefits Internet website of the Food and Drug Ad- under subsection (d). of imposing additional recordkeeping re- ministration. The Secretary may update the (3) REPORT.—Not later than 18 months quirements outweigh the cost of compliance list to designate new high-risk foods and to after the date of enactment of this Act, the with such requirements; remove foods that are no longer deemed to Secretary shall report to Congress on the (E) be scale-appropriate and practicable for be high-risk foods, provided that each such findings of the pilot projects under this sub- facilities of varying sizes and capabilities update to the list is consistent with the re- section together with recommendations for with respect to costs and recordkeeping bur- quirements of this subsection and notice of improving the tracking and tracing of food. dens, and not require the creation and main- such update is published in the Federal Reg- (b) ADDITIONAL DATA GATHERING.— tenance of duplicate records where the infor- ister. (1) IN GENERAL.—The Secretary, in coordi- mation is contained in other company (3) PROTECTION OF SENSITIVE INFORMA- nation with the Secretary of Agriculture and records kept in the normal course of busi- TION.—In promulgating regulations under ness; multiple representatives of State depart- this subsection, the Secretary shall take ap- (F) minimize the number of different rec- ments of health and agriculture, shall as- propriate measures to ensure that there are ordkeeping requirements for facilities that sess— effective procedures to prevent the unau- handle more than 1 type of food; (A) the costs and benefits associated with thorized disclosure of any trade secret or (G) to the extent practicable, not require a the adoption and use of several product trac- confidential information that is obtained by facility to change business systems to com- ing technologies, including technologies used the Secretary pursuant to this section, in- in the pilot projects under subsection (a); ply with such requirements; (H) allow any person subject to this sub- cluding periodic risk assessment and plan- (B) the feasibility of such technologies for ning to prevent unauthorized release and different sectors of the food industry, includ- section to maintain records required under this subsection at a central or reasonably ac- controls to— ing small businesses; and (A) prevent unauthorized reproduction of (C) whether such technologies are compat- cessible location provided that such records can be made available to the Secretary not trade secret or confidential information; ible with the requirements of this sub- (B) prevent unauthorized access to trade section. later than 24 hours after the Secretary re- quests such records; secret or confidential information; and (2) REQUIREMENTS.—To the extent prac- (C) maintain records with respect to access ticable, in carrying out paragraph (1), the (I) include a process by which the Sec- retary may issue a waiver of the require- by any person to trade secret or confidential Secretary shall— information maintained by the agency. (A) evaluate domestic and international ments under this subsection if the Secretary (4) PUBLIC INPUT.—During the comment pe- product tracing practices in commercial use; determines that such requirements would re- sult in an economic hardship for an indi- riod in the notice of proposed rulemaking (B) consider international efforts, includ- under paragraph (1), the Secretary shall con- ing an assessment of whether product trac- vidual facility or a type of facility; (J) be commensurate with the known safe- duct not less than 3 public meetings in di- ing requirements developed under this sec- verse geographical areas of the United States tion are compatible with global tracing sys- ty risks of the designated food; (K) take into account international trade to provide persons in different regions an op- tems, as appropriate; and portunity to comment. (C) consult with a diverse and broad range obligations; (L) not require— (5) RETENTION OF RECORDS.—Except as oth- of experts and stakeholders, including rep- erwise provided in this subsection, the Sec- resentatives of the food industry, agricul- (i) a full pedigree, or a record of the com- plete previous distribution history of the retary may require that a facility retain tural producers, and nongovernmental orga- records under this subsection for not more nizations that represent the interests of con- food from the point of origin of such food; (ii) records of recipients of a food beyond than 2 years, taking into consideration the sumers. risk of spoilage, loss of value, or loss of pal- (c) PRODUCT TRACING SYSTEM.—The Sec- the immediate subsequent recipient of such atability of the applicable food when deter- retary, in consultation with the Secretary of food; or Agriculture, shall, as appropriate, establish (iii) product tracking to the case level by mining the appropriate timeframes. within the Food and Drug Administration a persons subject to such requirements; and (6) LIMITATIONS.— product tracing system to receive informa- (M) include a process by which the Sec- (A) FARM TO SCHOOL PROGRAMS.—In estab- tion that improves the capacity of the Sec- retary may remove a high-risk food designa- lishing requirements under this subsection, retary to effectively and rapidly track and tion developed under paragraph (2) for a food the Secretary shall, in consultation with the trace food that is in the United States or of- or type of food. Secretary of Agriculture, consider the im- fered for import into the United States. (2) DESIGNATION OF HIGH-RISK FOODS.— pact of requirements on farm to school or Prior to the establishment of such product (A) IN GENERAL.—Not later than 1 year farm to institution programs of the Depart- tracing system, the Secretary shall examine after the date of enactment of this Act, and ment of Agriculture and other farm to school the results of applicable pilot projects and thereafter as the Secretary determines nec- and farm to institution programs outside shall ensure that the activities of such sys- essary, the Secretary shall designate high- such agency, and shall modify the require- tem are adequately supported by the results risk foods for which the additional record- ments under this subsection, as appropriate, of such pilot projects. keeping requirements described in paragraph with respect to such programs so that the re- (d) ADDITIONAL RECORDKEEPING REQUIRE- (1) are appropriate and necessary to protect quirements do not place undue burdens on MENTS FOR HIGH RISK FOODS.— the public health. Each such designation farm to school or farm to institution pro- (1) IN GENERAL.—In order to rapidly and ef- shall be based on— grams. fectively identify recipients of a food to pre- (i) the known safety risks of a particular (B) IDENTITY-PRESERVED LABELS WITH RE- vent or mitigate a foodborne illness out- food, including the history and severity of SPECT TO FARM SALES OF FOOD THAT IS PRO- break and to address credible threats of seri- foodborne illness outbreaks attributed to DUCED AND PACKAGED ON A FARM.—The re- ous adverse health consequences or death to such food, taking into consideration quirements under this subsection shall not humans or animals as a result of such food foodborne illness data collected by the Cen- apply to a food that is produced and pack- being adulterated under section 402 of the ters for Disease Control and Prevention; aged on a farm if— Federal Food, Drug, and Cosmetic Act or (ii) the likelihood that a particular food (i) the packaging of the food maintains the misbranded under section 403(w) of such Act, has a high potential risk for microbiological integrity of the product and prevents subse- not later than 2 years after the date of enact- or chemical contamination or would support quent contamination or alteration of the ment of this Act, the Secretary shall publish the growth of pathogenic microorganisms product; and a notice of proposed rulemaking to establish due to the nature of the food or the processes (ii) the labeling of the food includes the recordkeeping requirements, in addition to used to produce such food; name, complete address (street address, the requirements under section 414 of the (iii) the point in the manufacturing process town, State, country, and zip or other postal Federal Food, Drug, and Cosmetic Act (21 of the food where contamination is most code), and business phone number of the U.S.C. 350c) and subpart J of part 1 of title likely to occur; farm, unless the Secretary waives the re- 21, Code of Federal Regulations (or any suc- (iv) the likelihood of contamination and quirement to include a business phone num- cessor regulations), for facilities that manu- steps taken during the manufacturing proc- ber of the farm, as appropriate, in order to facture, process, pack, or hold foods that the ess to reduce the possibility of contamina- accommodate a religious belief of the indi- Secretary designates under paragraph (2) as tion; vidual in charge of such farm. high-risk foods. The Secretary shall set an (v) the likelihood that consuming a par- (C) FISHING VESSELS.—The requirements appropriate effective date of such additional ticular food will result in a foodborne illness under this subsection with respect to a food requirements for foods designated as high due to contamination of the food; and that is produced through the use of a fishing

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vessel (as defined in section 3(18) of the Mag- (7) NO IMPACT ON NON-HIGH-RISK FOODS.— records kept in the normal course of busi- nuson-Stevens Fishery Conservation and The recordkeeping requirements established ness, and may be in electronic or non-elec- Management Act (16 U.S.C. 1802(18))) shall be under paragraph (1) shall have no effect on tronic format. limited to the requirements under subpara- foods that are not designated by the Sec- (4) LIMITATION.—A request made under graph (F) until such time as the food is sold retary under paragraph (2) as high-risk paragraph (1) shall not include a request for by the owner, operator, or agent in charge of foods. Foods described in the preceding sen- information relating to the finances, pricing such fishing vessel. tence shall be subject solely to the record- of commodities produced, personnel, re- (D) COMMINGLED RAW AGRICULTURAL COM- keeping requirements under section 414 of search, sales (other than information relat- MODITIES.— the Federal Food, Drug, and Cosmetic Act ing to shipping), or other disclosures that (i) LIMITATION ON EXTENT OF TRACING.—Rec- (21 U.S.C. 350c) and subpart J of part 1 of may reveal trade secrets or confidential in- ordkeeping requirements under this sub- title 21, Code of Federal Regulations (or any formation from the farm to which the article section with regard to any commingled raw successor regulations). of food has been traced, other than informa- agricultural commodity shall be limited to (e) EVALUATION AND RECOMMENDATIONS.— tion necessary to identify potential imme- the requirements under subparagraph (F). (1) REPORT.—Not later than 1 year after diate recipients of such food. Section 301(j) of the effective date of the final rule promul- (ii) DEFINITIONS.—For the purposes of this the Federal Food, Drug, and Cosmetic Act gated under subsection (d)(1), the Comp- subparagraph— and the Freedom of Information Act shall troller General of the United States shall (I) the term ‘‘commingled raw agricultural apply with respect to any confidential com- submit to Congress a report, taking into con- commodity’’ means any commodity that is mercial information that is disclosed to the sideration the costs of compliance and other combined or mixed after harvesting, but be- Food and Drug Administration in the course regulatory burdens on small businesses and of responding to a request under paragraph fore processing; Federal, State, and local food safety prac- (II) the term ‘‘commingled raw agricul- (1). tices and requirements, that evaluates the (5) RECORDS.—Except with respect to iden- tural commodity’’ shall not include types of public health benefits and risks, if any, of fruits and vegetables that are raw agricul- tifying potential immediate recipients in re- limiting— sponse to a request under this subsection, tural commodities for which the Secretary (A) the product tracing requirements under has determined that standards promulgated nothing in this subsection shall require the subsection (d) to foods identified under para- establishment or maintenance by farms of under section 419 of the Federal Food, Drug, graph (2) of such subsection, including and Cosmetic Act (as added by section 105) new records. whether such requirements provide adequate (g) NO LIMITATION ON COMMINGLING OF would minimize the risk of serious adverse assurance of traceability in the event of in- health consequences or death; and FOOD.—Nothing in this section shall be con- tentional adulteration, including by acts of strued to authorize the Secretary to impose (III) the term ‘‘processing’’ means oper- terrorism; and ations that alter the general state of the any limitation on the commingling of food. (B) the participation of restaurants in the (h) SMALL ENTITY COMPLIANCE GUIDE.—Not commodity, such as canning, cooking, freez- recordkeeping requirements. later than 180 days after promulgation of a ing, dehydration, milling, grinding, pasteur- (2) DETERMINATION AND RECOMMENDA- final rule under subsection (d), the Secretary ization, or homogenization. TIONS.—In conducting the evaluation and re- shall issue a small entity compliance guide (E) EXEMPTION OF OTHER FOODS.—The Sec- port under paragraph (1), if the Comptroller setting forth in plain language the require- retary may, by notice in the Federal Reg- General of the United States determines that ments of the regulations under such sub- ister, modify the requirements under this the limitations described in such paragraph section in order to assist small entities, in- subsection with respect to, or exempt a food do not adequately protect the public health, cluding farms and small businesses, in com- or a type of facility from, the requirements the Comptroller General shall submit to plying with the recordkeeping requirements of this subsection (other than the require- Congress recommendations, if appropriate, under such subsection. ments under subparagraph (F), if applicable) regarding recordkeeping requirements for (i) FLEXIBILITY FOR SMALL BUSINESSES.— if the Secretary determines that product restaurants and additional foods, in order to Notwithstanding any other provision of law, tracing requirements for such food (such as protect the public health. the regulations promulgated under sub- bulk or commingled ingredients that are in- (f) FARMS.— section (d) shall apply— tended to be processed to destroy pathogens) (1) REQUEST FOR INFORMATION.—Notwith- (1) to small businesses (as defined by the or type of facility is not necessary to protect standing subsection (d), during an active in- Secretary in section 103, not later than 90 the public health. vestigation of a foodborne illness outbreak, days after the date of enactment of this Act) (F) RECORDKEEPING REGARDING PREVIOUS or if the Secretary determines it is necessary beginning on the date that is 1 year after the SOURCES AND SUBSEQUENT RECIPIENTS.—In the to protect the public health and prevent or effective date of the final regulations pro- case of a person or food to which a limitation mitigate a foodborne illness outbreak, the mulgated under subsection (d); and or exemption under subparagraph (C), (D), or Secretary, in consultation and coordination (2) to very small businesses (as defined by (E) applies, if such person, or a person who with State and local agencies responsible for the Secretary in section 103, not later than manufactures, processes, packs, or holds food safety, as appropriate, may request that 90 days after the date of enactment of this such food, is required to register with the the owner, operator, or agent of a farm iden- Act) beginning on the date that is 2 years Secretary under section 415 of the Federal tify potential immediate recipients, other after the effective date of the final regula- Food, Drug, and Cosmetic Act (21 U.S.C. than consumers, of an article of the food tions promulgated under subsection (d). 350d) with respect to the manufacturing, that is the subject of such investigation if (j) ENFORCEMENT.— processing, packing, or holding of the appli- the Secretary reasonably believes such arti- (1) PROHIBITED ACTS.—Section 301(e) (21 cable food, the Secretary shall require such cle of food— U.S.C. 331(e)) is amended by inserting ‘‘; or person to maintain records that identify the (A) is adulterated under section 402 of the the violation of any recordkeeping require- immediate previous source of such food and Federal Food, Drug, and Cosmetic Act; ment under section 204 of the FDA Food the immediate subsequent recipient of such (B) presents a threat of serious adverse Safety Modernization Act (except when such food. health consequences or death to humans or violation is committed by a farm)’’ before (G) GROCERY STORES.—With respect to a animals; and the period at the end. sale of a food described in subparagraph (H) (C) was adulterated as described in sub- (2) IMPORTS.—Section 801(a) (21 U.S.C. to a grocery store, the Secretary shall not paragraph (A) on a particular farm (as de- 381(a)) is amended by inserting ‘‘or (4) the require such grocery store to maintain fined in section 1.227 of chapter 21, Code of recordkeeping requirements under section records under this subsection other than Federal Regulations (or any successor regu- 204 of the FDA Food Safety Modernization records documenting the farm that was the lation)). Act (other than the requirements under sub- source of such food. The Secretary shall not (2) MANNER OF REQUEST.—In making a re- section (f) of such section) have not been require that such records be kept for more quest under paragraph (1), the Secretary, in complied with regarding such article,’’ in the than 180 days. consultation and coordination with State third sentence before ‘‘then such article (H) FARM SALES TO CONSUMERS.—The Sec- and local agencies responsible for food safe- shall be refused admission’’. retary shall not require a farm to maintain ty, as appropriate, shall issue a written no- SEC. 205. SURVEILLANCE. any distribution records under this sub- tice to the owner, operator, or agent of the (a) DEFINITION OF FOODBORNE ILLNESS OUT- section with respect to a sale of a food de- farm to which the article of food has been BREAK.—In this Act, the term ‘‘foodborne ill- scribed in subparagraph (I) (including a sale traced. The individual providing such notice ness outbreak’’ means the occurrence of 2 or of a food that is produced and packaged on shall present to such owner, operator, or more cases of a similar illness resulting from such farm), if such sale is made by the farm agent appropriate credentials and shall de- the ingestion of a certain food. directly to a consumer. liver such notice at reasonable times and (b) FOODBORNE ILLNESS SURVEILLANCE SYS- (I) SALE OF A FOOD.—A sale of a food de- within reasonable limits and in a reasonable TEMS.— scribed in this subparagraph is a sale of a manner. (1) IN GENERAL.—The Secretary, acting food in which— (3) DELIVERY OF INFORMATION REQUESTED.— through the Director of the Centers for Dis- (i) the food is produced on a farm; and The owner, operator, or agent of a farm shall ease Control and Prevention, shall enhance (ii) the sale is made by the owner, oper- deliver the information requested under foodborne illness surveillance systems to im- ator, or agent in charge of such farm directly paragraph (1) in a prompt and reasonable prove the collection, analysis, reporting, and to a consumer or grocery store. manner. Such information may consist of usefulness of data on foodborne illnesses by—

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(A) coordinating Federal, State and local purposes of this section, with measurable ob- ‘‘(1) IN GENERAL.—If the responsible party foodborne illness surveillance systems, in- jectives and timelines, and identification of refuses to or does not voluntarily cease dis- cluding complaint systems, and increasing resource and staffing needs. tribution or recall such article within the participation in national networks of public (3) AUTHORIZATION OF APPROPRIATIONS.—To time and in the manner prescribed by the health and food regulatory agencies and lab- carry out the activities described in para- Secretary (if so prescribed), the Secretary oratories; graph (1), there is authorized to be appro- may, by order require, as the Secretary (B) facilitating sharing of surveillance in- priated $24,000,000 for each fiscal years 2011 deems necessary, such person to— formation on a more timely basis among through 2015. ‘‘(A) immediately cease distribution of governmental agencies, including the Food (c) IMPROVING FOOD SAFETY AND DEFENSE such article; and and Drug Administration, the Department of CAPACITY AT THE STATE AND LOCAL LEVEL.— ‘‘(B) as applicable, immediately notify all Agriculture, the Department of Homeland (1) IN GENERAL.—The Secretary shall de- persons— Security, and State and local agencies, and velop and implement strategies to leverage ‘‘(i) manufacturing, processing, packing, with the public; and enhance the food safety and defense ca- transporting, distributing, receiving, hold- (C) developing improved epidemiological pacities of State and local agencies in order ing, or importing and selling such article; tools for obtaining quality exposure data and to achieve the following goals: and microbiological methods for classifying (A) Improve foodborne illness outbreak re- ‘‘(ii) to which such article has been distrib- cases; sponse and containment. uted, transported, or sold, to immediately (D) augmenting such systems to improve (B) Accelerate foodborne illness surveil- cease distribution of such article. attribution of a foodborne illness outbreak lance and outbreak investigation, including ‘‘(2) REQUIRED ADDITIONAL INFORMATION.— to a specific food; rapid shipment of clinical isolates from clin- ‘‘(A) IN GENERAL.—If an article of food cov- (E) expanding capacity of such systems, in- ical laboratories to appropriate State labora- ered by a recall order issued under paragraph cluding working toward automatic elec- tories, and conducting more standardized ill- (1)(B) has been distributed to a warehouse- tronic searches, for implementation of iden- ness outbreak interviews. based third party logistics provider without tification practices, including fingerprinting (C) Strengthen the capacity of State and providing such provider sufficient informa- strategies, for foodborne infectious agents, local agencies to carry out inspections and tion to know or reasonably determine the in order to identify new or rarely docu- enforce safety standards. precise identity of the article of food covered mented causes of foodborne illness and sub- (D) Improve the effectiveness of Federal, by a recall order that is in its possession, the mit standardized information to a central- State, and local partnerships to coordinate notice provided by the responsible party sub- ized database; food safety and defense resources and reduce ject to the order issued under paragraph (F) allowing timely public access to aggre- the incidence of foodborne illness. (1)(B) shall include such information as is gated, de-identified surveillance data; (E) Share information on a timely basis necessary for the warehouse-based third (G) at least annually, publishing current among public health and food regulatory party logistics provider to identify the food. reports on findings from such systems; agencies, with the food industry, with health ‘‘(B) RULES OF CONSTRUCTION.—Nothing in (H) establishing a flexible mechanism for care providers, and with the public. this paragraph shall be construed— rapidly initiating scientific research by aca- (F) Strengthen the capacity of State and ‘‘(i) to exempt a warehouse-based third demic institutions; local agencies to achieve the goals described party logistics provider from the require- (I) integrating foodborne illness surveil- in section 108. ments of this Act, including the require- lance systems and data with other bio- (2) REVIEW.—In developing of the strategies ments in this section and section 414; or surveillance and public health situational required by paragraph (1), the Secretary ‘‘(ii) to exempt a warehouse-based third awareness capabilities at the Federal, State, shall, not later than 1 year after the date of party logistics provider from being the sub- and local levels, including by sharing enactment of the FDA Food Safety Mod- ject of a mandatory recall order. foodborne illness surveillance data with the ernization Act, complete a review of State ‘‘(3) DETERMINATION TO LIMIT AREAS AF- National Biosurveillance Integration Center; and local capacities, and needs for enhance- FECTED.—If the Secretary requires a respon- and ment, which may include a survey with re- sible party to cease distribution under para- (J) other activities as determined appro- spect to— graph (1)(A) of an article of food identified in priate by the Secretary. (A) staffing levels and expertise available subsection (a), the Secretary may limit the (2) WORKING GROUP.—The Secretary shall to perform food safety and defense functions; size of the geographic area and the markets support and maintain a diverse working affected by such cessation if such limitation group of experts and stakeholders from Fed- (B) laboratory capacity to support surveil- would not compromise the public health. eral, State, and local food safety and health lance, outbreak response, inspection, and en- forcement activities; ‘‘(c) HEARING ON ORDER.—The Secretary agencies, the food and food testing indus- shall provide the responsible party subject to tries, consumer organizations, and academia. (C) information systems to support data management and sharing of food safety and an order under subsection (b) with an oppor- Such working group shall provide the Sec- tunity for an informal hearing, to be held as retary, through at least annual meetings of defense information among State and local agencies and with counterparts at the Fed- soon as possible, but not later than 2 days the working group and an annual public re- after the issuance of the order, on the ac- port, advice and recommendations on an on- eral level; and (D) other State and local activities and tions required by the order and on why the going and regular basis regarding the im- article that is the subject of the order should provement of foodborne illness surveillance needs as determined appropriate by the Sec- retary. not be recalled. and implementation of this section, includ- ‘‘(d) POST-HEARING RECALL ORDER AND (d) FOOD SAFETY CAPACITY BUILDING ing advice and recommendations on— MODIFICATION OF ORDER.— GRANTS.—Section 317R(b) of the Public (A) the priority needs of regulatory agen- ‘‘(1) AMENDMENT OF ORDER.—If, after pro- Health Service Act (42 U.S.C. 247b–20(b)) is cies, the food industry, and consumers for in- viding opportunity for an informal hearing amended— formation and analysis on foodborne illness under subsection (c), the Secretary deter- (1) by striking ‘‘2002’’ and inserting ‘‘2010’’; and its causes; mines that removal of the article from com- and (B) opportunities to improve the effective- merce is necessary, the Secretary shall, as (2) by striking ‘‘2003 through 2006’’ and in- ness of initiatives at the Federal, State, and appropriate— serting ‘‘2011 through 2015’’. local levels, including coordination and inte- ‘‘(A) amend the order to require recall of gration of activities among Federal agencies, SEC. 206. MANDATORY RECALL AUTHORITY. such article or other appropriate action; and between the Federal, State, and local (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 ‘‘(B) specify a timetable in which the recall levels of government; et seq.), as amended by section 202, is amend- shall occur; (C) improvement in the timeliness and ed by adding at the end the following: ‘‘(C) require periodic reports to the Sec- depth of access by regulatory and health ‘‘SEC. 423. MANDATORY RECALL AUTHORITY. retary describing the progress of the recall; agencies, the food industry, academic re- ‘‘(a) VOLUNTARY PROCEDURES.—If the Sec- and searchers, and consumers to foodborne ill- retary determines, based on information ‘‘(D) provide notice to consumers to whom ness aggregated, de-identified surveillance gathered through the reportable food reg- such article was, or may have been, distrib- data collected by government agencies at all istry under section 417 or through any other uted. levels, including data compiled by the Cen- means, that there is a reasonable probability ‘‘(2) VACATING OF ORDER.—If, after such ters for Disease Control and Prevention; that an article of food (other than infant for- hearing, the Secretary determines that ade- (D) key barriers at Federal, State, and mula) is adulterated under section 402 or quate grounds do not exist to continue the local levels to improving foodborne illness misbranded under section 403(w) and the use actions required by the order, or that such surveillance and the utility of such surveil- of or exposure to such article will cause seri- actions should be modified, the Secretary lance for preventing foodborne illness; ous adverse health consequences or death to shall vacate the order or modify the order. (E) the capabilities needed for establishing humans or animals, the Secretary shall pro- ‘‘(e) RULE REGARDING ALCOHOLIC BEV- automatic electronic searches of surveil- vide the responsible party (as defined in sec- ERAGES.—The Secretary shall not initiate a lance data; and tion 417) with an opportunity to cease dis- mandatory recall or take any other action (F) specific actions to reduce barriers to tribution and recall such article. under this section with respect to any alco- improvement, implement the working ‘‘(b) PREHEARING ORDER TO CEASE DIS- hol beverage until the Secretary has pro- group’s recommendations, and achieve the TRIBUTION AND GIVE NOTICE.— vided the Alcohol and Tobacco Tax and

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8085 Trade Bureau with a reasonable opportunity including notification of the Secretary of agency that is subsequently determined to to cease distribution and recall such article Agriculture and the Secretary of Education be in error. The Secretary of Agriculture under the Alcohol and Tobacco Tax and in the event such recalled food is a com- shall submit to the Committee on Agri- Trade Bureau authority. modity intended for use in a child nutrition culture of the House of Representatives and ‘‘(f) COOPERATION AND CONSULTATION.—The program (as identified in section 25(b) of the the Committee on Agriculture, Nutrition, Secretary shall work with State and local Richard B. Russell National School Lunch and Forestry of the Senate a report that de- public health officials in carrying out this Act (42 U.S.C. 1769f(b)); and scribes the results of the study, including section, as appropriate. ‘‘(E) conclude operations at such time as any recommendations. ‘‘(g) PUBLIC NOTIFICATION.—In conducting a the Secretary determines appropriate. (f) ANNUAL REPORT TO CONGRESS.— recall under this section, the Secretary ‘‘(3) MULTIPLE RECALLS.—The Secretary (1) IN GENERAL.—Not later than 2 years shall— may establish multiple or concurrent inci- after the date of enactment of this Act and ‘‘(1) ensure that a press release is published dent command operations or similar oper- annually thereafter, the Secretary of Health regarding the recall, as well as alerts and ations in the event of multiple recalls or and Human Services (referred to in this sub- public notices, as appropriate, in order to foodborne illness outbreaks necessitating section as the ‘‘Secretary’’) shall submit a provide notification— such action by the Department of Health and report to the Committee on Health, Edu- ‘‘(A) of the recall to consumers and retail- Human Services.’’. cation, Labor, and Pensions of the Senate ers to whom such article was, or may have (b) SEARCH ENGINE.—Not later than 90 days and the Committee on Energy and Commerce been, distributed; and after the date of enactment of this Act, the of the House of Representatives on the use of ‘‘(B) that includes, at a minimum— Secretary shall modify the Internet Web site recall authority under section 423 of the Fed- ‘‘(i) the name of the article of food subject of the Food and Drug Administration to in- eral Food, Drug, and Cosmetic Act (as added to the recall; clude a search engine that— by subsection (a)) and any public health ‘‘(ii) a description of the risk associated (1) is consumer-friendly, as determined by advisories issued by the Secretary that ad- with such article; and the Secretary; and vise against the consumption of an article of ‘‘(iii) to the extent practicable, informa- (2) provides a means by which an indi- food on the ground that the article of food is tion for consumers about similar articles of vidual may locate relevant information re- adulterated and poses an imminent danger to food that are not affected by the recall; garding each article of food subject to a re- health. ‘‘(2) consult the policies of the Department call under section 423 of the Federal Food, (2) CONTENT.—The report under paragraph of Agriculture regarding providing to the Drug, and Cosmetic Act and the status of (1) shall include, with respect to the report public a list of retail consignees receiving such recall (such as whether a recall is ongo- year— products involved in a Class I recall and ing or has been completed). (A) the identity of each article of food that shall consider providing such a list to the (c) CIVIL PENALTY.—Section 303(f)(2)(A) (21 was the subject of a public health advisory public, as determined appropriate by the U.S.C. 333(f)(2)(A)) is amended by inserting described in paragraph (1), an opportunity to Secretary; and ‘‘or any person who does not comply with a cease distribution and recall under sub- ‘‘(3) if available, publish on the Internet recall order under section 423’’ after ‘‘section section (a) of section 423 of the Federal Food, Web site of the Food and Drug Administra- 402(a)(2)(B)’’. Drug, and Cosmetic Act, or a mandatory re- (d) PROHIBITED ACTS.—Section 301 (21 tion an image of the article that is the sub- call order under subsection (b) of such sec- U.S.C. 331 et seq.), as amended by section 106, ject of the press release described in (1). tion; is amended by adding at the end the fol- ‘‘(h) NO DELEGATION.—The authority con- (B) the number of responsible parties, as lowing: ferred by this section to order a recall or va- defined in section 417 of the Federal Food, cate a recall order shall not be delegated to ‘‘(xx) The refusal or failure to follow an Drug, and Cosmetic Act, formally given the any officer or employee other than the Com- order under section 423.’’. opportunity to cease distribution of an arti- missioner. (e) GAO REVIEW.— cle of food and recall such article, as de- ‘‘(i) EFFECT.—Nothing in this section shall (1) IN GENERAL.—Not later than 90 days affect the authority of the Secretary to re- after the date of enactment of this Act, the scribed in section 423(a) of such Act; quest or participate in a voluntary recall, or Comptroller General of the United States (C) the number of responsible parties de- to issue an order to cease distribution or to shall submit to Congress a report that— scribed in subparagraph (B) who did not recall under any other provision of this Act (A) identifies State and local agencies with cease distribution of or recall an article of or under the Public Health Service Act. the authority to require the mandatory re- food after given the opportunity to cease dis- ‘‘(j) COORDINATED COMMUNICATION.— call of food, and evaluates use of such au- tribution or recall under section 423(a) of the ‘‘(1) IN GENERAL.—To assist in carrying out thority with regard to frequency, effective- Federal Food, Drug, and Cosmetic Act; the requirements of this subsection, the Sec- ness, and appropriateness, including consid- (D) the number of recall orders issued retary shall establish an incident command eration of any new or existing mechanisms under section 423(b) of the Federal Food, operation or a similar operation within the available to compensate persons for general Drug, and Cosmetic Act; and Department of Health and Human Services and specific recall-related costs when a re- (E) a description of any instances in which that will operate not later than 24 hours call is subsequently determined by the rel- there was no testing that confirmed adulter- after the initiation of a mandatory recall or evant authority to have been an error; ation of an article of food that was the sub- the recall of an article of food for which the (B) identifies Federal agencies, other than ject of a recall under section 423(b) of the use of, or exposure to, such article will cause the Department of Health and Human Serv- Federal Food, Drug, and Cosmetic Act or a serious adverse health consequences or death ices, with mandatory recall authority and public health advisory described in para- to humans or animals. examines use of that authority with regard graph (1). ‘‘(2) REQUIREMENTS.—To reduce the poten- to frequency, effectiveness, and appropriate- SEC. 207. ADMINISTRATIVE DETENTION OF FOOD. tial for miscommunication during recalls or ness, including any new or existing mecha- (a) IN GENERAL.—Section 304(h)(1)(A) (21 regarding investigations of a food borne ill- nisms available to compensate persons for U.S.C. 334(h)(1)(A)) is amended by— ness outbreak associated with a food that is general and specific recall-related costs (1) striking ‘‘credible evidence or informa- subject to a recall, each incident command when a recall is subsequently determined by tion indicating’’ and inserting ‘‘reason to be- operation or similar operation under para- the relevant agency to have been an error; lieve’’; and graph (1) shall use regular staff and re- (C) considers models for farmer restitution (2) striking ‘‘presents a threat of serious sources of the Department of Health and implemented in other nations in cases of er- adverse health consequences or death to hu- Human Services to— roneous recalls; and mans or animals’’ and inserting ‘‘is adulter- ‘‘(A) ensure timely and coordinated com- (D) makes recommendations to the Sec- ated or misbranded’’. munication within the Department, includ- retary regarding use of the authority under (b) REGULATIONS.—Not later than 120 days ing enhanced communication and coordina- section 423 of the Federal Food, Drug, and after the date of enactment of this Act, the tion between different agencies and organi- Cosmetic Act (as added by this section) to Secretary shall issue an interim final rule zations within the Department; protect the public health while seeking to amending subpart K of part 1 of title 21, Code ‘‘(B) ensure timely and coordinated com- minimize unnecessary economic costs. of Federal Regulations, to implement the munication from the Department, including (2) EFFECT OF REVIEW.—If the Comptroller amendment made by this section. public statements, throughout the duration General of the United States finds, after the (c) EFFECTIVE DATE.—The amendment of the investigation and related foodborne review conducted under paragraph (1), that made by this section shall take effect 180 illness outbreak; the mechanisms described in such paragraph days after the date of enactment of this Act. ‘‘(C) identify a single point of contact do not exist or are inadequate, then, not SEC. 208. DECONTAMINATION AND DISPOSAL within the Department for public inquiries later than 90 days after the conclusion of STANDARDS AND PLANS. regarding any actions by the Secretary re- such review, the Secretary of Agriculture (a) IN GENERAL.—The Administrator of the lated to a recall; shall conduct a study of the feasibility of im- Environmental Protection Agency (referred ‘‘(D) coordinate with Federal, State, local, plementing a farmer indemnification pro- to in this section as the ‘‘Administrator’’), in and tribal authorities, as appropriate, that gram to provide restitution to agricultural coordination with the Secretary of Health have responsibilities related to the recall of producers for losses sustained as a result of and Human Services, Secretary of Homeland a food or a foodborne illness outbreak associ- a mandatory recall of an agricultural com- Security, and Secretary of Agriculture, shall ated with a food that is subject to the recall, modity by a Federal or State regulatory provide support for, and technical assistance

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8086 CONGRESSIONAL RECORD — SENATE November 18, 2010 to, State, local, and tribal governments in ‘‘(7) training in building enforcement ac- Drug, and Cosmetic Act, pursuant to any preparing for, assessing, decontaminating, tions following inspections, examinations, memoranda of understanding entered into and recovering from an agriculture or food testing, and investigations. under such section. emergency. ‘‘(b) PARTNERSHIPS WITH STATE AND LOCAL ‘‘(b) INTEGRATED APPROACH.—The grant (b) DEVELOPMENT OF STANDARDS.—In car- OFFICIALS.— program described under subsection (a) shall rying out subsection (a), the Administrator, ‘‘(1) IN GENERAL.—The Secretary, pursuant be carried out under this section in a manner in coordination with the Secretary of Health to a contract or memorandum of under- that facilitates the integration of food safety and Human Services, Secretary of Homeland standing between the Secretary and the head standards and guidance with the variety of Security, Secretary of Agriculture, and of a State, local, territorial, or tribal depart- agricultural production systems, encom- State, local, and tribal governments, shall ment or agency, is authorized and encour- passing conventional, sustainable, organic, develop and disseminate specific standards aged to conduct examinations, testing, and and conservation and environmental prac- and protocols to undertake clean-up, clear- investigations for the purposes of deter- tices. ance, and recovery activities following the mining compliance with the food safety pro- ‘‘(c) PRIORITY.—In awarding grants under decontamination and disposal of specific visions of this Act through the officers and this section, the Secretary shall give pri- threat agents and foreign animal diseases. employees of such State, local, territorial, or ority to projects that target small and me- dium-sized farms, beginning farmers, so- (c) DEVELOPMENT OF MODEL PLANS.—In car- tribal department or agency. rying out subsection (a), the Administrator, ‘‘(2) CONTENT.—A contract or memorandum cially disadvantaged farmers, small proc- the Secretary of Health and Human Services, described under paragraph (1) shall include essors, or small fresh fruit and vegetable and the Secretary of Agriculture shall joint- provisions to ensure adequate training of merchant wholesalers. ‘‘(d) PROGRAM COORDINATION.— ly develop and disseminate model plans for— such officers and employees to conduct such ‘‘(1) IN GENERAL.—The Secretary shall co- (1) the decontamination of individuals, examinations, testing, and investigations. ordinate implementation of the grant pro- equipment, and facilities following an inten- The contract or memorandum shall contain gram under this section with the National tional contamination of agriculture or food; provisions regarding reimbursement. Such Integrated Food Safety Initiative. and provisions may, at the sole discretion of the ‘‘(2) INTERACTION.—The Secretary shall— (2) the disposal of large quantities of ani- head of the other department or agency, re- ‘‘(A) in carrying out the grant program mals, plants, or food products that have been quire reimbursement, in whole or in part, under this section, take into consideration infected or contaminated by specific threat from the Secretary for the examinations, applied research, education, and extension agents and foreign animal diseases. testing, or investigations performed pursu- results obtained from the National Inte- (d) EXERCISES.—In carrying out subsection ant to this section by the officers or employ- grated Food Safety Initiative; and (a), the Administrator, in coordination with ees of the State, territorial, or tribal depart- ‘‘(B) in determining the applied research the entities described under subsection (b), ment or agency. agenda for the National Integrated Food shall conduct exercises at least annually to ‘‘(3) EFFECT.—Nothing in this subsection Safety Initiative, take into consideration evaluate and identify weaknesses in the de- shall be construed to limit the authority of the needs articulated by participants in contamination and disposal model plans de- the Secretary under section 702. projects funded by the program under this scribed in subsection (c). Such exercises ‘‘(c) EXTENSION SERVICE.—The Secretary shall ensure coordination with the extension section. shall be carried out, to the maximum extent ‘‘(e) GRANTS.— practicable, as part of the national exercise activities of the National Institute of Food and Agriculture of the Department of Agri- ‘‘(1) IN GENERAL.—In carrying out this sec- program under section 648(b)(1) of the Post- tion, the Secretary shall make competitive Katrina Emergency Management Reform Act culture in advising producers and small proc- essors transitioning into new practices re- grants to support training, education, exten- of 2006 (6 U.S.C. 748(b)(1)). sion, outreach, and technical assistance (e) MODIFICATIONS.—Based on the exercises quired as a result of the enactment of the FDA Food Safety Modernization Act and as- projects that will help improve public health described in subsection (d), the Adminis- by increasing the understanding and adop- trator, in coordination with the entities de- sisting regulated industry with compliance with such Act. tion of established food safety standards, scribed in subsection (b), shall review and guidance, and protocols. modify as necessary the plans described in ‘‘(d) NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUTREACH AND TECH- ‘‘(2) ENCOURAGED FEATURES.—The Sec- subsection (c) not less frequently than bien- retary shall encourage projects carried out nially. NICAL ASSISTANCE PROGRAM.— ‘‘(1) IN GENERAL.—In order to improve food using grant funds under this section to in- (f) PRIORITIZATION.—The Administrator, in safety and reduce the incidence of foodborne clude co-management of food safety, con- coordination with the entities described in servation systems, and ecological health. subsection (b), shall develop standards and illness, the Secretary shall, not later than 180 days after the date of enactment of the ‘‘(3) MAXIMUM TERM AND SIZE OF GRANT.— plans under subsections (b) and (c) in an ‘‘(A) IN GENERAL.—A grant under this sec- identified order of priority that takes into FDA Food Safety Modernization Act, enter into one or more memoranda of under- tion shall have a term that is not more than account— 3 years. (1) highest-risk biological, chemical, and standing, or enter into other cooperative agreements, with the Secretary of Agri- ‘‘(B) LIMITATION ON GRANT FUNDING.—The radiological threat agents; Secretary may not provide grant funding to (2) agents that could cause the greatest culture to establish a competitive grant pro- gram within the National Institute for Food an entity under this section after such enti- economic devastation to the agriculture and ty has received 3 years of grant funding food system; and and Agriculture to provide food safety train- ing, education, extension, outreach, and under this section. (3) agents that are most difficult to clean ‘‘(f) GRANT ELIGIBILITY.— or remediate. technical assistance to— ‘‘(A) owners and operators of farms; ‘‘(1) IN GENERAL.—To be eligible for a grant SEC. 209. IMPROVING THE TRAINING OF STATE, ‘‘(B) small food processors; and under this section, an entity shall be— LOCAL, TERRITORIAL, AND TRIBAL ‘‘(A) a State cooperative extension service; FOOD SAFETY OFFICIALS. ‘‘(C) small fruit and vegetable merchant wholesalers. ‘‘(B) a Federal, State, local, or tribal agen- (a) IMPROVING TRAINING.—Chapter X (21 cy, a nonprofit community-based or non-gov- ‘‘(2) IMPLEMENTATION.—The competitive U.S.C.391 et seq.) is amended by adding at grant program established under paragraph ernmental organization, or an organization the end the following: (1) shall be carried out in accordance with representing owners and operators of farms, ‘‘SEC. 1011. IMPROVING THE TRAINING OF STATE, section 405 of the Agricultural Research, Ex- small food processors, or small fruit and veg- LOCAL, TERRITORIAL, AND TRIBAL tension, and Education Reform Act of 1998. etable merchant wholesalers that has a com- FOOD SAFETY OFFICIALS. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— mitment to public health and expertise in ‘‘(a) TRAINING.—The Secretary shall set There are authorized to be appropriated such administering programs that contribute to standards and administer training and edu- sums as may be necessary to carry out this food safety; cation programs for the employees of State, section for fiscal years 2011 through 2015.’’. ‘‘(C) an institution of higher education (as local, territorial, and tribal food safety offi- (b) NATIONAL FOOD SAFETY TRAINING, EDU- defined in section 101(a) of the Higher Edu- cials relating to the regulatory responsibil- CATION, EXTENSION, OUTREACH, AND TECH- cation Act of 1965 (20 U.S.C. 1001(a))) or a ities and policies established by this Act, in- NICAL ASSISTANCE PROGRAM.—Title IV of the foundation maintained by an institution of cluding programs for— Agricultural Research, Extension, and Edu- higher education; ‘‘(1) scientific training; cation Reform Act of 1998 is amended by in- ‘‘(D) a collaboration of 2 of more eligible ‘‘(2) training to improve the skill of offi- serting after section 404 (7 U.S.C. 7624) the entities described in this subsection; or cers and employees authorized to conduct in- following: ‘‘(E) such other appropriate entity, as de- spections under sections 702 and 704; ‘‘SEC. 405. NATIONAL FOOD SAFETY TRAINING, termined by the Secretary. ‘‘(3) training to achieve advanced product EDUCATION, EXTENSION, OUT- ‘‘(2) MULTISTATE PARTNERSHIPS.—Grants or process specialization in such inspections; REACH, AND TECHNICAL ASSIST- under this section may be made for projects ‘‘(4) training that addresses best practices; ANCE PROGRAM. involving more than 1 State. ‘‘(5) training in administrative process and ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(g) REGIONAL BALANCE.—In making grants procedure and integrity issues; award grants under this section to carry out under this section, the Secretary shall, to ‘‘(6) training in appropriate sampling and the competitive grant program established the maximum extent practicable, ensure— laboratory analysis methodology; and under section 1011(d) of the Federal Food, ‘‘(1) geographic diversity; and

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8087 ‘‘(2) diversity of types of agricultural pro- funds the food safety programs of such enti- be headquartered at selected State health duction. ty independently of any grant under this sec- departments. ‘‘(h) TECHNICAL ASSISTANCE.—The Sec- tion in each year of the grant at a level ‘‘(b) SELECTION OF CENTERS OF EXCEL- retary may use funds made available under equal to the level of such funding in the pre- LENCE.— this section to provide technical assistance vious year, increased by the Consumer Price ‘‘(1) ELIGIBLE ENTITIES.—To be eligible to to grant recipients to further the purposes of Index. Such non-Federal matching funds be designated as a Center of Excellence this section. may be provided directly or through dona- under subsection (a), an entity shall— ‘‘(i) BEST PRACTICES AND MODEL PRO- tions from public or private entities and may ‘‘(A) be a State health department; GRAMS.—Based on evaluations of, and re- be in cash or in-kind, fairly evaluated, in- ‘‘(B) partner with 1 or more institutions of sponses arising from, projects funded under cluding plant, equipment, or services. higher education that have demonstrated this section, the Secretary may issue a set of ‘‘(d) ADDITIONAL AUTHORITY.—The Sec- knowledge, expertise, and meaningful experi- recommended best practices and models for retary may— ence with regional or national food produc- food safety training programs for agricul- ‘‘(1) award a grant under this section in tion, processing, and distribution, as well as tural producers, small food processors, and each subsequent fiscal year without re- leadership in the laboratory, epidemiolog- small fresh fruit and vegetable merchant application for a period of not more than 3 ical, and environmental detection and inves- wholesalers. years, provided the requirements of sub- tigation of foodborne illness; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— section (c) are met for the previous fiscal ‘‘(C) provide to the Secretary such infor- For the purposes of making grants under year; and mation, at such time, and in such manner, as this section, there are authorized to be ap- ‘‘(2) award a grant under this section in a the Secretary may require. propriated such sums as may be necessary fiscal year for which the requirement of sub- ‘‘(2) WORKING GROUP.—Not later than 180 for fiscal years 2011 through 2015.’’. section (c) has not been met only if such re- days after the date of enactment of the FDA Food Safety Modernization Act, the Sec- SEC. 210. ENHANCING FOOD SAFETY. quirement was not met because such funding retary shall establish a diverse working (a) GRANTS TO ENHANCE FOOD SAFETY.— was diverted for response to 1 or more nat- group of experts and stakeholders from Fed- Section 1009 of the Federal Food, Drug, and ural disasters or in other extenuating cir- eral, State, and local food safety and health Cosmetic Act (21 U.S.C. 399) is amended to cumstances that the Secretary may deter- agencies, the food industry, including food read as follows: mine appropriate. ‘‘(e) DURATION OF AWARDS.—The Secretary retailers and food manufacturers, consumer ‘‘SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY. may award grants to an individual grant re- organizations, and academia to make rec- ‘‘(a) IN GENERAL.—The Secretary is author- cipient under this section for periods of not ommendations to the Secretary regarding ized to make grants to eligible entities to— more than 3 years. In the event the Sec- designations of the Centers of Excellence. ‘‘(1) undertake examinations, inspections, retary conducts a program evaluation, fund- ‘‘(3) ADDITIONAL CENTERS OF EXCELLENCE.— and investigations, and related food safety ing in the second year or third year of the The Secretary may designate eligible enti- activities under section 702; grant, where applicable, shall be contingent ties to be regional Food Safety Centers of ‘‘(2) train to the standards of the Secretary on a successful program evaluation by the Excellence, in addition to the 5 Centers des- for the examination, inspection, and inves- Secretary after the first year. ignated under subsection (a). tigation of food manufacturing, processing, ‘‘(f) PROGRESS AND EVALUATION.— ‘‘(c) ACTIVITIES.—Under the leadership of packing, holding, distribution, and importa- ‘‘(1) IN GENERAL.—The Secretary shall the Director of the Centers for Disease Con- tion, including as such examination, inspec- measure the status and success of each grant trol and Prevention, each Center of Excel- tion, and investigation relate to retail food program authorized under the FDA Food lence shall be based out of a selected State establishments; Safety Modernization Act (and any amend- health department, which shall provide as- ‘‘(3) build the food safety capacity of the ment made by such Act), including the grant sistance to other regional, State, and local laboratories of such eligible entity, includ- program under this section. A recipient of a departments of health through activities that include— ing the detection of zoonotic diseases; grant described in the preceding sentence ‘‘(1) providing resources, including timely ‘‘(4) build the infrastructure and capacity shall, at the end of each grant year, provide information concerning symptoms and tests, of the food safety programs of such eligible the Secretary with information on how grant for frontline health professionals inter- entity to meet the standards as outlined in funds were spent and the status of the efforts viewing individuals as part of routine sur- the grant application; and by such recipient to enhance food safety. To veillance and outbreak investigations; ‘‘(5) take appropriate action to protect the the extent practicable, the Secretary shall ‘‘(2) providing analysis of the timeliness public health in response to— take the performance of such a grant recipi- and effectiveness of foodborne disease sur- ‘‘(A) a notification under section 1008, in- ent into account when determining whether veillance and outbreak response activities; cluding planning and otherwise preparing to to continue funding for such recipient. ‘‘(3) providing training for epidemiological take such action; or O DUPLICATION.—In carrying out ‘‘(2) N and environmental investigation of ‘‘(B) a recall of food under this Act. paragraph (1), the Secretary shall not dupli- ‘‘(b) ELIGIBLE ENTITIES; APPLICATION.— foodborne illness, including suggestions for cate the efforts of the Secretary under other streamlining and standardizing the inves- ‘‘(1) IN GENERAL.—In this section, the term provisions of this Act or the FDA Food Safe- ‘eligible entity’ means an entity— tigation process; ty Modernization Act that require measure- ‘‘(4) establishing fellowships, stipends, and ‘‘(A) that is— ment and review of the activities of grant re- ‘‘(i) a State; scholarships to train future epidemiological cipients under either such Act. and food-safety leaders and to address crit- ‘‘(ii) a locality; ‘‘(g) SUPPLEMENT NOT SUPPLANT.—Grant ical workforce shortages; ‘‘(iii) a territory; funds received under this section shall be ‘‘(5) training and coordinating State and ‘‘(iv) an Indian tribe (as defined in section used to supplement, and not supplant, non- 4(e) of the Indian Self-Determination and local personnel; Federal funds and any other Federal funds ‘‘(6) strengthening capacity to participate Education Assistance Act); or available to carry out the activities de- ‘‘(v) a nonprofit food safety training entity in existing or new foodborne illness surveil- scribed in this section. lance and environmental assessment infor- that collaborates with 1 or more institutions ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— mation systems; and of higher education; and For the purpose of making grants under this ‘‘(7) conducting research and outreach ac- ‘‘(B) that submits an application to the section, there are authorized to be appro- tivities focused on increasing prevention, Secretary at such time, in such manner, and priated such sums as may be necessary for including such information as the Secretary communication, and education regarding fiscal years 2011 through 2015.’’. food safety. may reasonably require. (b) CENTERS OF EXCELLENCE.—Part P of the ‘‘(d) REPORT TO CONGRESS.—Not later than ‘‘(2) CONTENTS.—Each application sub- Public Health Service Act (42 U.S.C. 280g et 2 years after the date of enactment of the mitted under paragraph (1) shall include— seq.) is amended by adding at the end the fol- FDA Food Safety Modernization Act, the ‘‘(A) an assurance that the eligible entity lowing: Secretary shall submit to Congress a report has developed plans to engage in the types of ‘‘SEC. 399V-5. FOOD SAFETY INTEGRATED CEN- that— activities described in subsection (a); TERS OF EXCELLENCE. ‘‘(1) describes the effectiveness of the Cen- ‘‘(B) a description of the types of activities ‘‘(a) IN GENERAL.—Not later than 1 year ters of Excellence; and to be funded by the grant; after the date of enactment of the FDA Food ‘‘(2) provides legislative recommendations ‘‘(C) an itemization of how grant funds re- Safety Modernization Act, the Secretary, or describes additional resources required by ceived under this section will be expended; acting through the Director of the Centers the Centers of Excellence. ‘‘(D) a description of how grant activities for Disease Control and Prevention and in ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— will be monitored; and consultation with the working group de- There is authorized to be appropriated such ‘‘(E) an agreement by the eligible entity to scribed in subsection (b)(2), shall designate 5 sums as may be necessary to carry out this report information required by the Secretary Integrated Food Safety Centers of Excel- section. to conduct evaluations under this section. lence (referred to in this section as the ‘Cen- ‘‘(f) NO DUPLICATION OF EFFORT.—In car- ‘‘(c) LIMITATIONS.—The funds provided ters of Excellence’) to serve as resources for rying out activities of the Centers of Excel- under subsection (a) shall be available to an Federal, State, and local public health pro- lence or other programs under this section, eligible entity that receives a grant under fessionals to respond to foodborne illness the Secretary shall not duplicate other Fed- this section only to the extent such entity outbreaks. The Centers of Excellence shall eral foodborne illness response efforts.’’.

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SEC. 211. IMPROVING THE REPORTABLE FOOD ‘‘(yy) The knowing and willful failure to ‘‘(d) RECORD MAINTENANCE AND ACCESS.— REGISTRY. comply with the notification requirement Records of an importer related to a foreign (a) IN GENERAL.—Section 417 (21 U.S.C. under section 417(h).’’. supplier verification program shall be main- 350f) is amended— (c) CONFORMING AMENDMENT.—Section tained for a period of not less than 2 years (1) by redesignating subsections (f) through 301(e) (21 U.S.C. 331(e)) is amended by strik- and shall be made available promptly to a (k) as subsections (i) through (n), respec- ing ‘‘417(g)’’ and inserting ‘‘417(j)’’. duly authorized representative of the Sec- tively; and TITLE III—IMPROVING THE SAFETY OF retary upon request. (2) by inserting after subsection (e) the fol- IMPORTED FOOD ‘‘(e) EXEMPTION OF SEAFOOD, JUICE, AND lowing: LOW-ACID CANNED FOOD FACILITIES IN COMPLI- SEC. 301. FOREIGN SUPPLIER VERIFICATION ‘‘(f) CRITICAL INFORMATION.—Except with PROGRAM. ANCE WITH HACCP.—This section shall not apply to a facility if the owner, operator, or respect to fruits and vegetables that are raw (a) IN GENERAL.—Chapter VIII (21 U.S.C. agricultural commodities, not more than 18 381 et seq.) is amended by adding at the end agent in charge of such facility is required to months after the date of enactment of the the following: comply with, and is in compliance with, 1 of the following standards and regulations with FDA Food Safety Modernization Act, the ‘‘SEC. 805. FOREIGN SUPPLIER VERIFICATION Secretary may require a responsible party to PROGRAM. respect to such facility: ‘‘(1) The Seafood Hazard Analysis Critical submit to the Secretary consumer-oriented ‘‘(a) IN GENERAL.— Control Points Program of the Food and information regarding a reportable food, ‘‘(1) VERIFICATION REQUIREMENT.—Except as which shall include— provided under subsections (e) and (f), each Drug Administration. ‘‘(1) a description of the article of food as importer shall perform risk-based foreign ‘‘(2) The Juice Hazard Analysis Critical provided in subsection (e)(3); supplier verification activities for the pur- Control Points Program of the Food and ‘‘(2) as provided in subsection (e)(7), af- pose of verifying that the food imported by Drug Administration. fected product identification codes, such as the importer or agent of an importer is— ‘‘(3) The Thermally Processed Low-Acid UPC, SKU, or lot or batch numbers sufficient ‘‘(A) produced in compliance with the re- Foods Packaged in Hermetically Sealed Con- for the consumer to identify the article of quirements of section 418 or section 419, as tainers standards of the Food and Drug Ad- food; appropriate; and ministration (or any successor standards). The exemption under paragraph (3) shall ‘‘(3) contact information for the respon- ‘‘(B) is not adulterated under section 402 or apply only with respect to microbiological sible party as provided in subsection (e)(8); misbranded under section 403(w). hazards that are regulated under the stand- and ‘‘(2) IMPORTER DEFINED.—For purposes of ards for Thermally Processed Low-Acid ‘‘(4) any other information the Secretary this section, the term ‘importer’ means, with Foods Packaged in Hermetically Sealed Con- determines is necessary to enable a con- respect to an article of food— tainers under part 113 of chapter 21, Code of sumer to accurately identify whether such ‘‘(A) the United States owner or consignee Federal Regulations (or any successor regu- consumer is in possession of the reportable of the article of food at the time of entry of lations). food. such article into the United States; or ‘‘(f) ADDITIONAL EXEMPTIONS.—The Sec- ‘‘(g) GROCERY STORE NOTIFICATION.— ‘‘(B) in the case when there is no United ‘‘(1) ACTION BY SECRETARY.—The Secretary retary, by notice published in the Federal States owner or consignee as described in Register, shall establish an exemption from shall— subparagraph (A), the United States agent or ‘‘(A) prepare the critical information de- the requirements of this section for articles representative of a foreign owner or con- of food imported in small quantities for re- scribed under subsection (f) for a reportable signee of the article of food at the time of food as a standardized one-page summary; search and evaluation purposes or for per- entry of such article into the United States. sonal consumption, provided that such foods ‘‘(B) publish such one-page summary on ‘‘(b) GUIDANCE.—Not later than 1 year after are not intended for retail sale and are not the Internet website of the Food and Drug the date of enactment of the FDA Food Safe- Administration in a format that can be eas- sold or distributed to the public. ty Modernization Act, the Secretary shall ‘‘(g) PUBLICATION OF LIST OF PARTICI- ily printed by a grocery store for purposes of issue guidance to assist importers in devel- PANTS.—The Secretary shall publish and consumer notification. oping foreign supplier verification programs. maintain on the Internet Web site of the ‘‘(2) ACTION BY GROCERY STORE.—A notifica- ‘‘(c) REGULATIONS.— Food and Drug Administration a current list tion described under paragraph (1)(B) shall ‘‘(1) IN GENERAL.—Not later than 1 year that includes the name of, location of, and include the date and time such summary was after the date of enactment of the FDA Food other information deemed necessary by the posted on the Internet website of the Food Safety Modernization Act, the Secretary Secretary about, importers participating and Drug Administration. shall promulgate regulations to provide for under this section.’’. ‘‘(h) CONSUMER NOTIFICATION.— the content of the foreign supplier (b) PROHIBITED ACT.—Section 301 (21 U.S.C. ‘‘(1) IN GENERAL.—If a grocery store sold a verification program established under sub- 331), as amended by section 211, is amended reportable food that is the subject of the section (a). by adding at the end the following: posting and such establishment is part of ‘‘(2) REQUIREMENTS.—The regulations pro- ‘‘(zz) The importation or offering for im- chain of establishments with 15 or more mulgated under paragraph (1)— portation of a food if the importer (as de- physical locations, then such establishment ‘‘(A) shall require that the foreign supplier fined in section 805) does not have in place a shall, not later than 24 hours after a one verification program of each importer be foreign supplier verification program in com- page summary described in subsection (g) is adequate to provide assurances that each pliance with such section 805.’’. published, prominently display such sum- foreign supplier to the importer produces the (c) IMPORTS.—Section 801(a) (21 U.S.C. mary or the information from such summary imported food in compliance with— 381(a)) is amended by adding ‘‘or the im- via at least one of the methods identified ‘‘(i) processes and procedures, including porter (as defined in section 805) is in viola- under paragraph (2) and maintain the display reasonably appropriate risk-based preventive tion of such section 805’’ after ‘‘or in viola- for 14 days. controls, that provide the same level of pub- tion of section 505’’. ‘‘(2) LIST OF CONSPICUOUS LOCATIONS.—Not lic health protection as those required under (d) EFFECTIVE DATE.—The amendments more than 1 year after the date of enactment section 418 or section 419 (taking into consid- made by this section shall take effect 2 years of the FDA Food Safety Modernization Act, eration variances granted under section 419), after the date of enactment of this Act. the Secretary shall develop and publish a list as appropriate; and SEC. 302. VOLUNTARY QUALIFIED IMPORTER of acceptable conspicuous locations and ‘‘(ii) section 402 and section 403(w). PROGRAM. manners, from which grocery stores shall se- ‘‘(B) shall include such other requirements Chapter VIII (21 U.S.C. 381 et seq.), as lect at least one, for providing the notifica- as the Secretary deems necessary and appro- amended by section 301, is amended by add- tion required in paragraph (1). Such list shall priate to verify that food imported into the ing at the end the following: include— United States is as safe as food produced and ‘‘SEC. 806. VOLUNTARY QUALIFIED IMPORTER ‘‘(A) posting the notification at or near the sold within the United States. PROGRAM. register; ‘‘(3) CONSIDERATIONS.—In promulgating ‘‘(a) IN GENERAL.—Beginning not later ‘‘(B) providing the location of the report- regulations under this subsection, the Sec- than 18 months after the date of enactment able food; retary shall, as appropriate, take into ac- of the FDA Food Safety Modernization Act, ‘‘(C) providing targeted recall information count differences among importers and types the Secretary shall— given to customers upon purchase of a food; of imported foods, including based on the ‘‘(1) establish a program, in consultation and level of risk posed by the imported food. with the Secretary of Homeland Security— ‘‘(D) other such prominent and conspicuous ‘‘(4) ACTIVITIES.—Verification activities ‘‘(A) to provide for the expedited review locations and manners utilized by grocery under a foreign supplier verification program and importation of food offered for importa- stores as of the date of the enactment of the under this section may include monitoring tion by importers who have voluntarily FDA Food Safety Modernization Act to pro- records for shipments, lot-by-lot certifi- agreed to participate in such program; and vide notice of such recalls to consumers as cation of compliance, annual on-site inspec- ‘‘(B) consistent with section 808, establish considered appropriate by the Secretary.’’. tions, checking the hazard analysis and risk- a process for the issuance of a facility cer- (b) PROHIBITED ACT.—Section 301 (21 U.S.C. based preventive control plan of the foreign tification to accompany food offered for im- 331), as amended by section 206, is amended supplier, and periodically testing and sam- portation by importers who have voluntarily by adding at the end the following: pling shipments. agreed to participate in such program; and

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PRIOR NOTICE OF IMPORTED FOOD An importer that intends to participate in ‘‘(B) known food safety risks associated SHIPMENTS. the program under this section in a fiscal with the country, territory, or region of ori- (a) IN GENERAL.—Section 801(m)(1) (21 year shall submit a notice and application to gin of the food; U.S.C. 381(m)(1)) is amended by inserting the Secretary of such intent at the time and ‘‘(C) a finding by the Secretary, supported ‘‘any country to which the article has been in a manner established by the Secretary. by scientific, risk-based evidence, that— refused entry;’’ after ‘‘the country from ‘‘(d) ELIGIBILITY.—Eligibility shall be lim- ‘‘(i) the food safety programs, systems, and which the article is shipped;’’. ited to an importer offering food for impor- standards in the country, territory, or region (b) REGULATIONS.—Not later than 120 days tation from a facility that has a certification of origin of the food are inadequate to ensure after the date of enactment of this Act, the described in subsection (a). In reviewing the that the article of food is as safe as a similar Secretary shall issue an interim final rule applications and making determinations on article of food that is manufactured, proc- amending subpart I of part 1 of title 21, Code such applications, the Secretary shall con- essed, packed, or held in the United States in of Federal Regulations, to implement the sider the risk of the food to be imported accordance with the requirements of this amendment made by this section. based on factors, such as the following: Act; and (c) EFFECTIVE DATE.—The amendment ‘‘(1) The known safety risks of the food to ‘‘(ii) the certification would assist the Sec- made by this section shall take effect 180 be imported. retary in determining whether to refuse or days after the date of enactment of this Act. ‘‘(2) The compliance history of foreign sup- admit the article of food under subsection (a); and SEC. 305. BUILDING CAPACITY OF FOREIGN GOV- pliers used by the importer, as appropriate. ERNMENTS WITH RESPECT TO FOOD ‘‘(3) The capability of the regulatory sys- ‘‘(D) information submitted to the Sec- SAFETY. retary in accordance with the process estab- tem of the country of export to ensure com- (a) IN GENERAL.—The Secretary shall, not pliance with United States food safety stand- lished in paragraph (7). later than 2 years of the date of enactment ards for a designated food. ‘‘(3) CERTIFYING ENTITIES.—For purposes of of this Act, develop a comprehensive plan to paragraph (1), entities that shall provide the ‘‘(4) The compliance of the importer with expand the technical, scientific, and regu- certification or assurances described in such the requirements of section 805. latory food safety capacity of foreign gov- paragraph are— ‘‘(5) The recordkeeping, testing, inspec- ernments, and their respective food indus- ‘‘(A) an agency or a representative of the tions and audits of facilities, traceability of tries, from which foods are exported to the government of the country from which the articles of food, temperature controls, and United States. article of food at issue originated, as des- sourcing practices of the importer. (b) CONSULTATION.—In developing the plan ignated by the Secretary; or ‘‘(6) The potential risk for intentional under subsection (a), the Secretary shall ‘‘(B) such other persons or entities accred- adulteration of the food. consult with the Secretary of Agriculture, ited pursuant to section 808 to provide such ‘‘(7) Any other factor that the Secretary Secretary of State, Secretary of the Treas- certification or assurance. determines appropriate. ury, the Secretary of Homeland Security, ‘‘(4) RENEWAL AND REFUSAL OF CERTIFI- ‘‘(e) REVIEW AND REVOCATION.—Any im- the United States Trade Representative, and porter qualified by the Secretary in accord- CATIONS.—The Secretary may— ‘‘(A) require that any certification or other the Secretary of Commerce, representatives ance with the eligibility criteria set forth in of the food industry, appropriate foreign gov- this section shall be reevaluated not less assurance provided by an entity specified in paragraph (2) be renewed by such entity at ernment officials, nongovernmental organi- often than once every 3 years and the Sec- zations that represent the interests of con- retary shall promptly revoke the qualified such times as the Secretary determines ap- propriate; and sumers, and other stakeholders. importer status of any importer found not to LAN.—The plan developed under sub- ‘‘(B) refuse to accept any certification or (c) P be in compliance with such criteria. section (a) shall include, as appropriate, the ‘‘(f) FALSE STATEMENTS.—Any statement assurance if the Secretary determines that following: or representation made by an importer to such certification or assurance is not valid (1) Recommendations for bilateral and the Secretary shall be subject to section 1001 or reliable. multilateral arrangements and agreements, of title 18, United States Code. ‘‘(5) ELECTRONIC SUBMISSION.—The Sec- including provisions to provide for responsi- ‘‘(g) DEFINITION.—For purposes of this sec- retary shall provide for the electronic sub- bility of exporting countries to ensure the tion, the term ‘importer’ means the person mission of certifications under this sub- safety of food. that brings food, or causes food to be section. (2) Provisions for secure electronic data brought, from a foreign country into the cus- ‘‘(6) FALSE STATEMENTS.—Any statement sharing. toms territory of the United States.’’. or representation made by an entity de- scribed in paragraph (2) to the Secretary (3) Provisions for mutual recognition of in- SEC. 303. AUTHORITY TO REQUIRE IMPORT CER- spection reports. TIFICATIONS FOR FOOD. shall be subject to section 1001 of title 18, (4) Training of foreign governments and (a) IN GENERAL.—Section 801(a) (21 U.S.C. United States Code. food producers on United States require- 381(a)) is amended by inserting after the ‘‘(7) ASSESSMENT OF FOOD SAFETY PRO- ments for safe food. third sentence the following: ‘‘With respect GRAMS, SYSTEMS, AND STANDARDS.—If the to an article of food, if importation of such Secretary determines that the food safety (5) Recommendations on whether and how food is subject to, but not compliant with, programs, systems, and standards in a for- to harmonize requirements under the Codex the requirement under subsection (q) that eign region, country, or territory are inad- Alimentarius. such food be accompanied by a certification equate to ensure that an article of food is as (6) Provisions for the multilateral accept- or other assurance that the food meets appli- safe as a similar article of food that is manu- ance of laboratory methods and testing and cable requirements of this Act, then such ar- factured, processed, packed, or held in the detection techniques. (d) RULE OF CONSTRUCTION.—Nothing in ticle shall be refused admission.’’. United States in accordance with the re- this section shall be construed to affect the (b) ADDITION OF CERTIFICATION REQUIRE- quirements of this Act, the Secretary shall, regulation of dietary supplements under the MENT.—Section 801 (21 U.S.C. 381) is amended to the extent practicable, identify such inad- Dietary Supplement Health and Education by adding at the end the following new sub- equacies and establish a process by which Act of 1994 (Public Law 103–417). section: the foreign region, country, or territory may ‘‘(q) CERTIFICATIONS CONCERNING IMPORTED inform the Secretary of improvements made SEC. 306. INSPECTION OF FOREIGN FOOD FACILI- FOODS.— to such food safety program, system, or TIES. ‘‘(1) IN GENERAL.—The Secretary may re- standard and demonstrate that those con- (a) IN GENERAL.—Chapter VIII (21 U.S.C. quire, as a condition of granting admission trols are adequate to ensure that an article 381 et seq.), as amended by section 302, is to an article of food imported or offered for of food is as safe as a similar article of food amended by inserting at the end the fol- import into the United States, that an enti- that is manufactured, processed, packed, or lowing: ty described in paragraph (3) provide a cer- held in the United States in accordance with ‘‘SEC. 807. INSPECTION OF FOREIGN FOOD FA- tification, or such other assurances as the the requirements of this Act.’’. CILITIES. Secretary determines appropriate, that the (c) CONFORMING TECHNICAL AMENDMENT.— ‘‘(a) INSPECTION.—The Secretary— article of food complies with applicable re- Section 801(b) (21 U.S.C. 381(b)) is amended in ‘‘(1) may enter into arrangements and quirements of this Act. Such certification or the second sentence by striking ‘‘with re- agreements with foreign governments to fa- assurances may be provided in the form of spect to an article included within the provi- cilitate the inspection of foreign facilities shipment-specific certificates, a listing of sion of the fourth sentence of subsection (a)’’ registered under section 415; and

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‘‘(2) shall direct resources to inspections of in subsection (b)(2), that is eligible to be con- ‘‘(2) MODEL ACCREDITATION STANDARDS.— foreign facilities, suppliers, and food types, sidered for accreditation to conduct food Not later than 18 months after the date of especially such facilities, suppliers, and food safety audits to certify that eligible entities enactment of the FDA Food Safety Mod- types that present a high risk (as identified meet the applicable requirements of this sec- ernization Act, the Secretary shall develop by the Secretary), to help ensure the safety tion. A third-party auditor may be a single model standards, including requirements for and security of the food supply of the United individual. A third-party auditor may em- regulatory audit reports, and each recog- States. ploy or use audit agents to help conduct con- nized accreditation body shall ensure that ‘‘(b) EFFECT OF INABILITY TO INSPECT.— sultative and regulatory audits. third-party auditors and audit agents of such Notwithstanding any other provision of law, ‘‘(4) ACCREDITED THIRD-PARTY AUDITOR.— auditors meet such standards in order to food shall be refused admission into the The term ‘accredited third-party auditor’ qualify such third-party auditors as accred- United States if it is from a foreign factory, means a third-party auditor accredited by an ited third-party auditors under this section. warehouse, or other establishment of which accreditation body to conduct audits of eligi- In developing the model standards, the Sec- the owner, operator, or agent in charge, or ble entities to certify that such eligible enti- retary shall look to standards in place on the the government of the foreign country, re- ties meet the applicable requirements of this date of the enactment of this section for fuses to permit entry of United States in- section. An accredited third-party auditor guidance, to avoid unnecessary duplication spectors or other individuals duly designated may be an individual who conducts food safe- of efforts and costs. by the Secretary, upon request, to inspect ty audits to certify that eligible entities ‘‘(c) THIRD-PARTY AUDITORS.— such factory, warehouse, or other establish- meet the applicable requirements of this sec- ‘‘(1) REQUIREMENTS FOR ACCREDITATION AS A ment. For purposes of this subsection, such tion. THIRD-PARTY AUDITOR.— an owner, operator, or agent in charge shall ‘‘(5) CONSULTATIVE AUDIT.—The term ‘con- ‘‘(A) FOREIGN GOVERNMENTS.—Prior to ac- be considered to have refused an inspection if sultative audit’ means an audit of an eligible crediting a foreign government or an agency such owner, operator, or agent in charge entity— of a foreign government as an accredited does not permit an inspection of a factory, ‘‘(A) to determine whether such entity is third-party auditor, the accreditation body warehouse, or other establishment during in compliance with the provisions of this Act (or, in the case of direct accreditation under the 24-hour period after such request is sub- and with applicable industry standards and subsection (b)(1)(A)(ii), the Secretary) shall mitted, or after such other time period, as practices; and perform such reviews and audits of food safe- agreed upon by the Secretary and the foreign ‘‘(B) the results of which are for internal ty programs, systems, and standards of the factory, warehouse, or other establish- purposes only. government or agency of the government as ment.’’. ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible the Secretary deems necessary, including re- (b) INSPECTION BY THE SECRETARY OF COM- entity’ means a foreign entity, including a quirements under the model standards devel- MERCE.— foreign facility registered under section 415, oped under subsection (b)(2), to determine (1) IN GENERAL.—The Secretary of Com- in the food import supply chain that chooses that the foreign government or agency of the merce, in coordination with the Secretary of to be audited by an accredited third-party foreign government is capable of adequately Health and Human Services, may send 1 or auditor or the audit agent of such accredited ensuring that eligible entities or foods cer- more inspectors to a country or facility of an third-party auditor. tified by such government or agency meet exporter from which seafood imported into ‘‘(7) REGULATORY AUDIT.—The term ‘regu- the requirements of this Act with respect to the United States originates. The inspectors latory audit’ means an audit of an eligible food manufactured, processed, packed, or shall assess practices and processes used in entity— held for import into the United States. connection with the farming, cultivation, ‘‘(A) to determine whether such entity is ‘‘(B) FOREIGN COOPERATIVES AND OTHER harvesting, preparation for market, or trans- in compliance with the provisions of this THIRD PARTIES.—Prior to accrediting a for- portation of such seafood and may provide Act; and eign cooperative that aggregates the prod- technical assistance related to such activi- ‘‘(B) the results of which determine— ucts of growers or processors, or any other ties. ‘‘(i) whether an article of food manufac- third party to be an accredited third-party (2) INSPECTION REPORT.— tured, processed, packed, or held by such en- auditor, the accreditation body (or, in the (A) IN GENERAL.—The Secretary of Health tity is eligible to receive a food certification case of direct accreditation under subsection and Human Services, in coordination with under section 801(q); or (b)(1)(A)(ii), the Secretary) shall perform the Secretary of Commerce, shall— ‘‘(ii) whether a facility is eligible to re- such reviews and audits of the training and (i) prepare an inspection report for each in- ceive a facility certification under section qualifications of audit agents used by that spection conducted under paragraph (1); 806(a) for purposes of participating in the cooperative or party and conduct such re- (ii) provide the report to the country or ex- program under section 806. views of internal systems and such other in- porter that is the subject of the report; and ‘‘(b) ACCREDITATION SYSTEM.— vestigation of the cooperative or party as (iii) provide a 30-day period during which ‘‘(1) ACCREDITATION BODIES.— the Secretary deems necessary, including re- the country or exporter may provide a rebut- ‘‘(A) RECOGNITION OF ACCREDITATION BOD- quirements under the model standards devel- tal or other comments on the findings of the IES.— oped under subsection (b)(2), to determine report to the Secretary of Health and Human ‘‘(i) IN GENERAL.—Not later than 2 years that each eligible entity certified by the co- Services. after the date of enactment of the FDA Food operative or party has systems and standards (B) DISTRIBUTION AND USE OF REPORT.—The Safety Modernization Act, the Secretary in use to ensure that such entity or food Secretary of Health and Human Services shall establish a system for the recognition meets the requirements of this Act. shall consider the inspection reports de- of accreditation bodies that accredit third- ‘‘(2) REQUIREMENT TO ISSUE CERTIFICATION scribed in subparagraph (A) in distributing party auditors to certify that eligible enti- OF ELIGIBLE ENTITIES OR FOODS.— inspection resources under section 421 of the ties meet the applicable requirements of this ‘‘(A) IN GENERAL.—An accreditation body Federal Food, Drug, and Cosmetic Act, as section. (or, in the case of direct accreditation under added by section 201. ‘‘(ii) DIRECT ACCREDITATION.—If, by the subsection (b)(1)(A)(ii), the Secretary) may SEC. 307. ACCREDITATION OF THIRD-PARTY date that is 2 years after the date of estab- not accredit a third-party auditor unless AUDITORS. lishment of the system described in clause such third-party auditor agrees to issue a Chapter VIII (21 U.S.C. 381 et seq.), as (i), the Secretary has not identified and rec- written and, as appropriate, electronic food amended by section 306, is amended by add- ognized an accreditation body to meet the certification, described in section 801(q), or ing at the end the following: requirements of this section, the Secretary facility certification under section 806(a), as ‘‘SEC. 808. ACCREDITATION OF THIRD-PARTY may directly accredit third-party auditors. appropriate, to accompany each food ship- AUDITORS. ‘‘(B) NOTIFICATION.—Each accreditation ment for import into the United States from ‘‘(a) DEFINITIONS.—In this section: body recognized by the Secretary shall sub- an eligible entity, subject to requirements ‘‘(1) AUDIT AGENT.—The term ‘audit agent’ mit to the Secretary a list of all accredited set forth by the Secretary. Such written or means an individual who is an employee or third-party auditors accredited by such body electronic certification may be included with agent of an accredited third-party auditor and the audit agents of such auditors. other documentation regarding such food and, although not individually accredited, is ‘‘(C) REVOCATION OF RECOGNITION AS AN AC- shipment. The Secretary shall consider cer- qualified to conduct food safety audits on be- CREDITATION BODY.—The Secretary shall tifications under section 801(q) and partici- half of an accredited third-party auditor. promptly revoke the recognition of any ac- pation in the voluntary qualified importer ‘‘(2) ACCREDITATION BODY.—The term ‘ac- creditation body found not to be in compli- program described in section 806 when tar- creditation body’ means an authority that ance with the requirements of this section. geting inspection resources under section performs accreditation of third-party audi- ‘‘(D) REINSTATEMENT.—The Secretary shall 421. tors. establish procedures to reinstate recognition ‘‘(B) PURPOSE OF CERTIFICATION.—The Sec- ‘‘(3) THIRD-PARTY AUDITOR.—The term of an accreditation body if the Secretary de- retary shall use certification provided by ac- ‘third-party auditor’ means a foreign govern- termines, based on evidence presented by credited third-party auditors to— ment, agency of a foreign government, for- such accreditation body, that revocation was ‘‘(i) determine, in conjunction with any eign cooperative, or any other third party, as inappropriate or that the body meets the re- other assurances the Secretary may require the Secretary determines appropriate in ac- quirements for recognition under this sec- under section 801(q), whether a food satisfies cordance with the model standards described tion. the requirements of such section; and

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‘‘(ii) determine whether a facility is eligi- ‘‘(5) CONFLICTS OF INTEREST.— ‘‘(i) conducts an investigation of the mate- ble to be a facility from which food may be ‘‘(A) THIRD-PARTY AUDITORS.—An accred- rial facts related to the outbreak of human offered for import under the voluntary quali- ited third-party auditor shall— or animal illness; and fied importer program under section 806. ‘‘(i) not be owned, managed, or controlled ‘‘(ii) reviews the steps or actions taken by ‘‘(C) REQUIREMENTS FOR ISSUING CERTIFI- by any person that owns or operates an eligi- the third party auditor to justify the certifi- CATION.— ble entity to be certified by such auditor; cation and determines that the accredited ‘‘(i) IN GENERAL.—An accredited third- ‘‘(ii) in carrying out audits of eligible enti- third-party auditor satisfied the require- party auditor shall issue a food certification ties under this section, have procedures to ments under section 801(q) of certifying the under section 801(q) or a facility certifi- ensure against the use of any officer or em- food, or the requirements under paragraph cation described under subparagraph (B) only ployee of such auditor that has a financial (2)(B) of certifying the entity. after conducting a regulatory audit and such conflict of interest regarding an eligible en- ‘‘(7) REACCREDITATION.—The Secretary other activities that may be necessary to es- tity to be certified by such auditor; and shall establish procedures to reinstate the tablish compliance with the requirements of ‘‘(iii) annually make available to the Sec- accreditation of a third-party auditor for such sections. retary disclosures of the extent to which which accreditation has been withdrawn ‘‘(ii) PROVISION OF CERTIFICATION.—Only an such auditor and the officers and employees under paragraph (6)— accredited third-party auditor or the Sec- of such auditor have maintained compliance ‘‘(A) if the Secretary determines, based on retary may provide a facility certification with clauses (i) and (ii) relating to financial evidence presented, that the third-party under section 806(a). Only those parties de- conflicts of interest. auditor satisfies the requirements of this scribed in 801(q)(3) or the Secretary may pro- section and adequate grounds for revocation ‘‘(B) AUDIT AGENTS.—An audit agent vide a food certification under 301(g). no longer exist; and shall— ‘‘(3) AUDIT REPORT SUBMISSION REQUIRE- ‘‘(B) in the case of a third-party auditor ac- ‘‘(i) not own or operate an eligible entity MENTS.— credited by an accreditation body for which to be audited by such agent; ‘‘(A) REQUIREMENTS IN GENERAL.—As a con- recognition as an accreditation body under ‘‘(ii) in carrying out audits of eligible enti- dition of accreditation, not later than 45 subsection (b)(1)(C) is revoked— ties under this section, have procedures to days after conducting an audit, an accredited ‘‘(i) if the third-party auditor becomes ac- ensure that such agent does not have a fi- third-party auditor or audit agent of such credited not later than 1 year after revoca- auditor shall prepare, and, in the case of a nancial conflict of interest regarding an eli- tion of accreditation under paragraph (6)(A), regulatory audit, submit, the audit report gible entity to be audited by such agent; and through direct accreditation under sub- for each audit conducted, in a form and man- ‘‘(iii) annually make available to the Sec- section (b)(1)(A)(ii) or by an accreditation ner designated by the Secretary, which shall retary disclosures of the extent to which body in good standing; or include— such agent has maintained compliance with ‘‘(ii) under such conditions as the Sec- ‘‘(i) the identity of the persons at the au- clauses (i) and (ii) relating to financial con- retary may require for a third-party auditor dited eligible entity responsible for compli- flicts of interest. under paragraph (6)(B). ance with food safety requirements; ‘‘(C) REGULATIONS.—The Secretary shall ‘‘(8) NEUTRALIZING COSTS.—The Secretary ‘‘(ii) the dates of the audit; promulgate regulations not later than 18 shall establish by regulation a reimburse- ‘‘(iii) the scope of the audit; and months after the date of enactment of the ment (user fee) program, similar to the ‘‘(iv) any other information required by FDA Food Safety Modernization Act to im- method described in section 203(h) of the Ag- the Secretary that relates to or may influ- plement this section and to ensure that riculture Marketing Act of 1946, by which ence an assessment of compliance with this there are protections against conflicts of in- the Secretary assesses fees and requires ac- Act. terest between an accredited third-party credited third-party auditors and audit ‘‘(B) RECORDS.—Following any accredita- auditor and the eligible entity to be certified agents to reimburse the Food and Drug Ad- tion of a third-party auditor, the Secretary by such auditor or audited by such audit ministration for the work performed to es- may, at any time, require the accredited agent. Such regulations shall include— tablish and administer the accreditation sys- third-party auditor to submit to the Sec- ‘‘(i) requiring that audits performed under tem under this section. The Secretary shall retary an onsite audit report and such other this section be unannounced; make operating this program revenue-neu- reports or documents required as part of the ‘‘(ii) a structure to decrease the potential tral and shall not generate surplus revenue audit process, for any eligible entity cer- for conflicts of interest, including timing from such a reimbursement mechanism. Fees tified by the third-party auditor or audit and public disclosure, for fees paid by eligi- authorized under this paragraph shall be col- agent of such auditor. Such report may in- ble entities to accredited third-party audi- lected and available for obligation only to clude documentation that the eligible entity tors; and the extent and in the amount provided in ad- is in compliance with any applicable reg- ‘‘(iii) appropriate limits on financial affili- vance in appropriation Acts. Such fees are istration requirements. ations between an accredited third-party authorized to remain available until ex- ‘‘(C) LIMITATION.—The requirement under auditor or audit agents of such auditor and pended. subparagraph (B) shall not include any re- any person that owns or operates an eligible ‘‘(d) RECERTIFICATION OF ELIGIBLE ENTI- port or other documents resulting from a entity to be certified by such auditor, as de- TIES.—An eligible entity shall apply for an- consultative audit by the accredited third- scribed in subparagraphs (A) and (B). nual recertification by an accredited third- party auditor, except that the Secretary ‘‘(6) WITHDRAWAL OF ACCREDITATION.— party auditor if such entity— may access the results of a consultative ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(1) intends to participate in voluntary audit in accordance with section 414. withdraw accreditation from an accredited qualified importer program under section ‘‘(4) REQUIREMENTS OF ACCREDITED THIRD- third-party auditor— 806; or PARTY AUDITORS AND AUDIT AGENTS OF SUCH ‘‘(i) if food certified under section 801(q) or ‘‘(2) is required to provide to the Secretary AUDITORS.— from a facility certified under paragraph a certification under section 801(q) for any ‘‘(A) RISKS TO PUBLIC HEALTH.—If, at any (2)(B) by such third-party auditor is linked food from such entity. time during an audit, an accredited third- to an outbreak of foodborne illness that has ‘‘(e) FALSE STATEMENTS.—Any statement party auditor or audit agent of such auditor a reasonable probability of causing serious or representation made— discovers a condition that could cause or adverse health consequences or death in hu- ‘‘(1) by an employee or agent of an eligible contribute to a serious risk to the public mans or animals; entity to an accredited third-party auditor health, such auditor shall immediately no- ‘‘(ii) following an evaluation and finding or audit agent; or tify the Secretary of— by the Secretary that the third-party audi- ‘‘(2) by an accredited third-party auditor to ‘‘(i) the identification of the eligible entity tor no longer meets the requirements for ac- the Secretary, subject to the audit; and creditation; or shall be subject to section 1001 of title 18, ‘‘(ii) such condition. ‘‘(iii) following a refusal to allow United United States Code. ‘‘(B) TYPES OF AUDITS.—An accredited States officials to conduct such audits and ‘‘(f) MONITORING.—To ensure compliance third-party auditor or audit agent of such investigations as may be necessary to ensure with the requirements of this section, the auditor may perform consultative and regu- continued compliance with the requirements Secretary shall— latory audits of eligible entities. set forth in this section. ‘‘(1) periodically, or at least once every 4 ‘‘(C) LIMITATIONS.— ‘‘(B) ADDITIONAL BASIS FOR WITHDRAWAL OF years, reevaluate the accreditation bodies ‘‘(i) IN GENERAL.—An accredited third ACCREDITATION.—The Secretary may with- described in subsection (b)(1); party auditor may not perform a regulatory draw accreditation from an accredited third- ‘‘(2) periodically, or at least once every 4 audit of an eligible entity if such agent has party auditor in the case that such third- years, evaluate the performance of each ac- performed a consultative audit or a regu- party auditor is accredited by an accredita- credited third-party auditor, through the re- latory audit of such eligible entity during tion body for which recognition as an accred- view of regulatory audit reports by such the previous 13-month period. itation body under subsection (b)(1)(C) is re- auditors, the compliance history as available ‘‘(ii) WAIVER.—The Secretary may waive voked, if the Secretary determines that of eligible entities certified by such auditors, the application of clause (i) if the Secretary there is good cause for the withdrawal. and any other measures deemed necessary by determines that there is insufficient access ‘‘(C) EXCEPTION.—The Secretary may waive the Secretary; to accredited third-party auditors in a coun- the application of subparagraph (A)(i) if the ‘‘(3) at any time, conduct an onsite audit of try or region. Secretary— any eligible entity certified by an accredited

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(d) EFFECT OF SECTION.—Nothing in this violation occurs, file (or have any person file ‘‘(g) PUBLICLY AVAILABLE REGISTRY.—The section shall affect the authority of the Sec- on his or her behalf) a complaint with the Secretary shall establish a publicly available retary to issue public notifications under Secretary of Labor (referred to in this sec- registry of accreditation bodies and of ac- other circumstances. tion as the ‘Secretary’) alleging such dis- credited third-party auditors, including the (e) DEFINITION.—In this subsection, the charge or discrimination and identifying the name of, contact information for, and other term ‘‘smuggled food’’ means any food that a person responsible for such act. Upon receipt information deemed necessary by the Sec- person introduces into the United States of such a complaint, the Secretary shall no- retary about such bodies and auditors. through fraudulent means or with the intent tify, in writing, the person named in the ‘‘(h) LIMITATIONS.— to defraud or mislead. complaint of the filing of the complaint, of ‘‘(1) NO EFFECT ON SECTION 704 INSPEC- TITLE IV—MISCELLANEOUS PROVISIONS the allegations contained in the complaint, TIONS.—The audits performed under this sec- SEC. 401. FUNDING FOR FOOD SAFETY. of the substance of evidence supporting the complaint, and of the opportunities that will tion shall not be considered inspections (a) IN GENERAL.—There are authorized to under section 704. be appropriated to carry out the activities of be afforded to such person under paragraph ‘‘(2) NO EFFECT ON INSPECTION AUTHORITY.— the Center for Food Safety and Applied Nu- (2). Nothing in this section affects the authority trition, the Center for Veterinary Medicine, ‘‘(2) INVESTIGATION.— of the Secretary to inspect any eligible enti- and related field activities in the Office of ‘‘(A) IN GENERAL.—Not later than 60 days after the date of receipt of a complaint filed ty pursuant to this Act.’’. Regulatory Affairs of the Food and Drug Ad- under paragraph (1) and after affording the SEC. 308. FOREIGN OFFICES OF THE FOOD AND ministration such sums as may be necessary complainant and the person named in the DRUG ADMINISTRATION. for fiscal years 2011 through 2015. complaint an opportunity to submit to the (a) IN GENERAL.—The Secretary shall es- (b) INCREASED NUMBER OF FIELD STAFF.— Secretary a written response to the com- tablish offices of the Food and Drug Admin- (1) IN GENERAL.—To carry out the activi- istration in foreign countries selected by the ties of the Center for Food Safety and Ap- plaint and an opportunity to meet with a Secretary, to provide assistance to the ap- plied Nutrition, the Center for Veterinary representative of the Secretary to present statements from witnesses, the Secretary propriate governmental entities of such Medicine, and related field activities of the shall initiate an investigation and determine countries with respect to measures to pro- Office of Regulatory Affairs of the Food and whether there is reasonable cause to believe vide for the safety of articles of food and Drug Administration, the Secretary of that the complaint has merit and notify, in other products regulated by the Food and Health and Human Services shall increase writing, the complainant and the person al- Drug Administration exported by such coun- the field staff of such Centers and Office with leged to have committed a violation of sub- try to the United States, including by di- a goal of not fewer than— section (a) of the Secretary’s findings. rectly conducting risk-based inspections of (A) 4,000 staff members in fiscal year 2011; ‘‘(B) REASONABLE CAUSE FOUND; PRELIMI- such articles and supporting such inspec- (B) 4,200 staff members in fiscal year 2012; tions by such governmental entity. NARY ORDER.—If the Secretary concludes (C) 4,600 staff members in fiscal year 2013; that there is reasonable cause to believe that (b) CONSULTATION.—In establishing the for- and a violation of subsection (a) has occurred, eign offices described in subsection (a), the (D) 5,000 staff members in fiscal year 2014. Secretary shall consult with the Secretary of the Secretary shall accompany the Sec- (2) FIELD STAFF FOR FOOD DEFENSE.—The retary’s findings with a preliminary order State, the Secretary of Homeland Security, goal under paragraph (1) shall include an in- and the United States Trade Representative. providing the relief prescribed by paragraph crease of 150 employees by fiscal year 2011 (3)(B). Not later than 30 days after the date (c) REPORT.—Not later than October 1, 2011, to— the Secretary shall submit to Congress a re- of notification of findings under this para- (A) provide additional detection of and re- graph, the person alleged to have committed port on the basis for the selection by the sponse to food defense threats; and Secretary of the foreign countries in which the violation or the complainant may file (B) detect, track, and remove smuggled objections to the findings or preliminary the Secretary established offices, the food (as defined in section 309) from com- order, or both, and request a hearing on the progress which such offices have made with merce. record. The filing of such objections shall respect to assisting the governments of such SEC. 402. EMPLOYEE PROTECTIONS. not operate to stay any reinstatement rem- countries in providing for the safety of arti- Chapter X of the Federal Food, Drug, and edy contained in the preliminary order. Any cles of food and other products regulated by Cosmetic Act (21 U.S.C. 391 et seq.), as such hearing shall be conducted expedi- the Food and Drug Administration exported amended by section 209, is further amended tiously. If a hearing is not requested in such to the United States, and the plans of the by adding at the end the following: 30-day period, the preliminary order shall be Secretary for establishing additional foreign ‘‘SEC. 1012. EMPLOYEE PROTECTIONS. deemed a final order that is not subject to offices of the Food and Drug Administration, ‘‘(a) IN GENERAL.—No entity engaged in the judicial review. as appropriate. manufacture, processing, packing, trans- ‘‘(C) DISMISSAL OF COMPLAINT.— SEC. 309. SMUGGLED FOOD. porting, distribution, reception, holding, or ‘‘(i) STANDARD FOR COMPLAINANT.—The Sec- (a) IN GENERAL.—Not later than 180 days importation of food may discharge an em- retary shall dismiss a complaint filed under after the enactment of this Act, the Sec- ployee or otherwise discriminate against an this subsection and shall not conduct an in- retary shall, in coordination with the Sec- employee with respect to compensation, vestigation otherwise required under sub- retary of Homeland Security, develop and terms, conditions, or privileges of employ- paragraph (A) unless the complainant makes implement a strategy to better identify ment because the employee, whether at the a prima facie showing that any behavior de- smuggled food and prevent entry of such food employee’s initiative or in the ordinary scribed in paragraphs (1) through (4) of sub- into the United States. course of the employee’s duties (or any per- section (a) was a contributing factor in the (b) NOTIFICATION TO HOMELAND SECURITY.— son acting pursuant to a request of the em- unfavorable personnel action alleged in the Not later than 10 days after the Secretary ployee)— complaint. identifies a smuggled food that the Sec- ‘‘(1) provided, caused to be provided, or is ‘‘(ii) STANDARD FOR EMPLOYER.—Notwith- retary believes would cause serious adverse about to provide or cause to be provided to standing a finding by the Secretary that the health consequences or death to humans or the employer, the Federal Government, or complainant has made the showing required animals, the Secretary shall provide to the the attorney general of a State information under clause (i), no investigation otherwise Secretary of Homeland Security a notifica- relating to any violation of, or any act or required under subparagraph (A) shall be tion under section 417(n) of the Federal Food, omission the employee reasonably believes conducted if the employer demonstrates, by Drug, and Cosmetic Act (21 U.S.C. 350f(k)) de- to be a violation of any provision of this Act clear and convincing evidence, that the em- scribing the smuggled food and, if available, or any order, rule, regulation, standard, or ployer would have taken the same unfavor- the names of the individuals or entities that ban under this Act, or any order, rule, regu- able personnel action in the absence of that attempted to import such food into the lation, standard, or ban under this Act; behavior. United States. ‘‘(2) testified or is about to testify in a pro- ‘‘(iii) VIOLATION STANDARD.—The Secretary (c) PUBLIC NOTIFICATION.—If the Sec- ceeding concerning such violation; may determine that a violation of subsection retary— ‘‘(3) assisted or participated or is about to (a) has occurred only if the complainant (1) identifies a smuggled food; assist or participate in such a proceeding; or demonstrates that any behavior described in (2) reasonably believes exposure to the food ‘‘(4) objected to, or refused to participate paragraphs (1) through (4) of subsection (a) would cause serious adverse health con- in, any activity, policy, practice, or assigned was a contributing factor in the unfavorable sequences or death to humans or animals; task that the employee (or other such per- personnel action alleged in the complaint. and son) reasonably believed to be in violation of ‘‘(iv) RELIEF STANDARD.—Relief may not be (3) reasonably believes that the food has any provision of this Act, or any order, rule, ordered under subparagraph (A) if the em- entered domestic commerce and is likely to regulation, standard, or ban under this Act. ployer demonstrates by clear and convincing be consumed, ‘‘(b) PROCESS.— evidence that the employer would have the Secretary shall promptly issue a press ‘‘(1) IN GENERAL.—A person who believes taken the same unfavorable personnel action release describing that food and shall use that he or she has been discharged or other- in the absence of that behavior.

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‘‘(3) FINAL ORDER.— conform to chapter 7 of title 5, United States day before the date of enactment of this Act; ‘‘(A) IN GENERAL.—Not later than 120 days Code. The commencement of proceedings or after the date of conclusion of any hearing under this subparagraph shall not, unless or- (B) the Public Health Service Act (42 under paragraph (2), the Secretary shall dered by the court, operate as a stay of the U.S.C. 301 et seq.) as in effect on the day be- issue a final order providing the relief pre- order. fore the date of enactment of this Act; scribed by this paragraph or denying the ‘‘(B) NO JUDICIAL REVIEW.—An order of the (4) alter or limit the authority of the Sec- complaint. At any time before issuance of a Secretary with respect to which review could retary of Agriculture under the laws admin- final order, a proceeding under this sub- have been obtained under subparagraph (A) istered by such Secretary, including— section may be terminated on the basis of a shall not be subject to judicial review in any (A) the Federal Meat Inspection Act (21 settlement agreement entered into by the criminal or other civil proceeding. U.S.C. 601 et seq.); Secretary, the complainant, and the person ‘‘(6) FAILURE TO COMPLY WITH ORDER.— (B) the Poultry Products Inspection Act (21 alleged to have committed the violation. Whenever any person has failed to comply U.S.C. 451 et seq.); ‘‘(B) CONTENT OF ORDER.—If, in response to with an order issued under paragraph (3), the (C) the Egg Products Inspection Act (21 a complaint filed under paragraph (1), the Secretary may file a civil action in the U.S.C. 1031 et seq.); Secretary determines that a violation of sub- United States district court for the district (D) the United States Grain Standards Act section (a) has occurred, the Secretary shall in which the violation was found to occur, or (7 U.S.C. 71 et seq.); order the person who committed such viola- in the United States district court for the (E) the Packers and Stockyards Act, 1921 (7 tion— District of Columbia, to enforce such order. U.S.C. 181 et seq.); ‘‘(i) to take affirmative action to abate the In actions brought under this paragraph, the (F) the United States Warehouse Act (7 violation; district courts shall have jurisdiction to U.S.C. 241 et seq.); ‘‘(ii) to reinstate the complainant to his or grant all appropriate relief including, but (G) the Agricultural Marketing Act of 1946 her former position together with compensa- not limited to, injunctive relief and compen- (7 U.S.C. 1621 et seq.); and tion (including back pay) and restore the satory damages. (H) the Agricultural Adjustment Act (7 terms, conditions, and privileges associated ‘‘(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— U.S.C. 601 et seq.), reenacted with the with his or her employment; and ‘‘(A) IN GENERAL.—A person on whose be- amendments made by the Agricultural Mar- ‘‘(iii) to provide compensatory damages to half an order was issued under paragraph (3) keting Agreement Act of 1937; or the complainant. may commence a civil action against the (5) alter, impede, or affect the authority of ‘‘(C) PENALTY.—If such an order is issued person to whom such order was issued to re- the Secretary of Homeland Security under under this paragraph, the Secretary, at the quire compliance with such order. The appro- the Homeland Security Act of 2002 (6 U.S.C. request of the complainant, shall assess priate United States district court shall have 101 et seq.) or any other statute, including against the person against whom the order is jurisdiction, without regard to the amount any authority related to securing the bor- issued a sum equal to the aggregate amount in controversy or the citizenship of the par- ders of the United States, managing ports of of all costs and expenses (including attor- ties, to enforce such order. entry, or agricultural import and entry in- neys’ and expert witness fees) reasonably in- ‘‘(B) AWARD.—The court, in issuing any spection activities. curred, as determined by the Secretary, by final order under this paragraph, may award SEC. 404. COMPLIANCE WITH INTERNATIONAL the complainant for, or in connection with, costs of litigation (including reasonable at- AGREEMENTS. the bringing of the complaint upon which torneys’ and expert witness fees) to any Nothing in this Act (or an amendment the order was issued. party whenever the court determines such made by this Act) shall be construed in a ‘‘(D) BAD FAITH CLAIM.—If the Secretary award is appropriate. manner inconsistent with the agreement es- finds that a complaint under paragraph (1) is ‘‘(c) EFFECT OF SECTION.— tablishing the World Trade Organization or frivolous or has been brought in bad faith, ‘‘(1) OTHER LAWS.—Nothing in this section any other treaty or international agreement the Secretary may award to the prevailing preempts or diminishes any other safeguards to which the United States is a party. employer a reasonable attorneys’ fee, not ex- against discrimination, demotion, discharge, ceeding $1,000, to be paid by the complainant. SEC. 405. DETERMINATION OF BUDGETARY EF- suspension, threats, harassment, reprimand, FECTS. ‘‘(4) ACTION IN COURT.— retaliation, or any other manner of discrimi- The budgetary effects of this Act, for the ‘‘(A) IN GENERAL.—If the Secretary has not nation provided by Federal or State law. purpose of complying with the Statutory issued a final decision within 210 days after ‘‘(2) RIGHTS OF EMPLOYEES.—Nothing in Pay-As-You-Go-Act of 2010, shall be deter- the filing of the complaint, or within 90 days this section shall be construed to diminish mined by reference to the latest statement after receiving a written determination, the the rights, privileges, or remedies of any em- titled ‘‘Budgetary Effects of PAYGO Legisla- complainant may bring an action at law or ployee under any Federal or State law or tion’’ for this Act, submitted for printing in equity for de novo review in the appropriate under any collective bargaining agreement. the Congressional Record by the Chairman of district court of the United States with ju- The rights and remedies in this section may the Senate Budget Committee, provided that risdiction, which shall have jurisdiction over not be waived by any agreement, policy, such an action without regard to the amount such statement has been submitted prior to form, or condition of employment. the vote on passage. in controversy, and which action shall, at ‘‘(d) ENFORCEMENT.—Any nondiscretionary the request of either party to such action, be duty imposed by this section shall be en- f tried by the court with a jury. The pro- forceable in a mandamus proceeding brought NOTICES OF INTENT TO SUSPEND ceedings shall be governed by the same legal under section 1361 of title 28, United States THE RULES burdens of proof specified in paragraph Code. (2)(C). ‘‘(e) LIMITATION.—Subsection (a) shall not Mr. COBURN. Mr. President, I sub- ‘‘(B) RELIEF.—The court shall have juris- apply with respect to an employee of an enti- mit the following notice in writing: In diction to grant all relief necessary to make ty engaged in the manufacture, processing, accordance with rule V of the Standing the employee whole, including injunctive re- packing, transporting, distribution, recep- Rules of the Senate, I hereby give no- lief and compensatory damages, including— tion, holding, or importation of food who, tice in writing that it is my intention ‘‘(i) reinstatement with the same seniority acting without direction from such entity status that the employee would have had, (or such entity’s agent), deliberately causes to move to suspend rule XXII, for the but for the discharge or discrimination; a violation of any requirement relating to purpose of proposing and considering ‘‘(ii) the amount of back pay, with inter- any violation or alleged violation of any amendment no. 4696 to S. 501, including est; and order, rule, regulation, standard, or ban germaneness requirements. ‘‘(iii) compensation for any special dam- under this Act.’’. Mr. President, I submit the following ages sustained as a result of the discharge or SEC. 403. JURISDICTION; AUTHORITIES. notice in writing: In accordance with discrimination, including litigation costs, Nothing in this Act, or an amendment rule V of the Standing Rules of the expert witness fees, and reasonable attor- made by this Act, shall be construed to— Senate, I hereby give notice in writing ney’s fees. (1) alter the jurisdiction between the Sec- that it is my intention to move to sus- ‘‘(5) REVIEW.— retary of Agriculture and the Secretary of ‘‘(A) IN GENERAL.—Unless the complainant Health and Human Services, under applica- pend rule XXII, for the purpose of pro- brings an action under paragraph (4), any ble statutes, regulations, or agreements re- posing and considering amendment no. person adversely affected or aggrieved by a garding voluntary inspection of non-ame- 4697 to S. 510, including germaneness final order issued under paragraph (3) may nable species under the Agricultural Mar- requirements. obtain review of the order in the United keting Act of 1946 (7 U.S.C. 1621 et seq.); Mr. JOHANNS. Mr. President, in ac- States Court of Appeals for the circuit in (2) alter the jurisdiction between the Alco- cordance with rule V of the Standing which the violation, with respect to which hol and Tobacco Tax and Trade Bureau and rules of the Senate, I hereby give no- the order was issued, allegedly occurred or the Secretary of Health and Human Services, tice in writing that it is my intention the circuit in which the complainant resided under applicable statutes and regulations; on the date of such violation. The petition (3) limit the authority of the Secretary of to move to suspend rule XXII, includ- for review must be filed not later than 60 Health and Human Services under— ing any germaneness requirements, for days after the date of the issuance of the (A) the Federal Food, Drug, and Cosmetic the purpose of proposing and consid- final order of the Secretary. Review shall Act (21 U.S.C. 301 et seq.) as in effect on the ering amendment no. 4702 to S. 510 or

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8094 CONGRESSIONAL RECORD — SENATE November 18, 2010 any related substitute amendment to COMMITTEE ON HOMELAND SECURITY AND authorized to meet during the session S. 510. GOVERNMENTAL AFFAIRS of the Senate on November 18, 2010, at Mr. BAUCUS. Mr. President, I submit Mr. BURRIS. Mr. President, I ask 3:30 p.m. to conduct a hearing entitled, the following notice in writing: In ac- unanimous consent that the Com- ‘‘Oversight of Reconstruction Con- cordance with rule V of the Standing mittee on Homeland Security and Gov- tracts in Afghanistan and the Role of rules of the Senate, I hereby give no- ernmental Affairs be authorized to the Special Inspector General.’’ tice in writing that it is my intention meet during the session of the Senate The PRESIDING OFFICER. Without to move to suspend rule XXII, para- on November 18, 2010, at 3 p.m. objection, it is so ordered. The PRESIDING OFFICER. Without graph 2, for the purpose of proposing NEAR EASTERN AND SOUTH AND CENTRAL ASIAN and considering the amendment no. objection, it is so ordered. AFFAIRS SUBCOMMITTEE 4713 to bill S. 510. COMMITTEE ON INDIAN AFFAIRS Mr. BURRRIS. Mr. President, I ask Mr. REID. Mr. President, I submit Mr. BURRIS. Mr. President, I ask unanimous consent that the Com- the following notice in writing: In ac- unanimous consent that the Com- mittee on Foreign Relations be author- cordance with rule V of the Standing mittee on Indian Affairs be authorized ized to meet during the session of the rules of the Senate, I hereby give no- to meet on November 18, 2010, at 9:30 Senate on November 18, 2010, at 4:30 tice in writing that it is my intention a.m. in room 628 of the Dirksen Senate p.m., to hold a Near Eastern and South to move to suspend rule XXII, para- Office Building. and Central Asian Affairs Sub- graph 2, for the purpose of proposing The PRESIDING OFFICER. Without committee hearing entitled, ‘‘Jamming and considering the following amend- objection, it is so ordered. the IED Assembly Line: Impeding the ment: Amendment no. 4714 to S. 510. COMMITTEE ON THE JUDICIARY flow of Ammonium Nitrate in South Mr. BURRIS. Mr. President, I ask and Central Asia.’’ f unanimous consent that the Com- The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO mittee on the Judiciary be authorized objection, it is so ordered. MEET to meet during the session of the Sen- SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW ate on November 18, 2010, at 10 a.m., in Mr. BURRIS. Mr. President, I ask COMMITTEE ON ARMED SERVICES SD–226 of the Dirksen Senate Office Mr. BURRIS. Mr. President, I ask unanimous consent that the Com- Building, to conduct an executive busi- mittee on the Judiciary, Sub- unanimous consent that the Com- ness meeting. mittee on Armed Services be author- committee on Human Rights and the The PRESIDING OFFICER. Without Law, be authorized to meet during the ized to meet during the session of the objection, it is so ordered. Senate on November 18, 2010, at 9:30 session of the Senate, on November 18, COMMITTEE ON SMALL BUSINESS AND a.m. 2010, at 2 p.m., in room SD–226 of the ENTREPRENEURSHIP Dirksen Senate Office Building, to con- The PRESIDING OFFICER. Without Mr. BURRIS. Mr. President, I ask objection, it is so ordered. duct a hearing entitled ‘‘Women’s unanimous consent that the Com- Rights Are Human Rights: U.S. Ratifi- COMMITTEE ON FINANCE mittee on Small Business and Entre- cation of the Convention on the Elimi- Mr. BURRIS. Mr. President I ask preneurship be authorized to meet dur- nation of All Forms of Discrimination unanimous consent that the Com- ing the session of the Senate on No- Against Women (CEDAW).’’ mittee on Finance be authorized to vember 18, 2010, at 10 a.m. to conduct a The PRESIDING OFFICER. Without meet during the session of the Senate hearing entitled ‘‘Assessing the Regu- objection, it is so ordered. on November 18, 2010, at 1 p.m., in room latory and Administrative Burdens on SELECT COMMITTEE ON INTELLIGENCE 215 of the Dirksen Senate Office Build- America’s Small Businesses.’’ ing, to conduct a hearing entitled The PRESIDING OFFICER. Without Mr. BURRIS. Mr. President, I ask ‘‘International Trade in the Digital objection, it is so ordered. unanimous consent that the Select Committee on Intelligence be author- Economy.’’ COMMITTEE ON VETERANS’ AFFAIRS ized to meet during the session of the The PRESIDING OFFICER. Without Mr. BURRIS. Mr. President, I ask Senate on November 18, 2010 at 2:30 objection, it is so ordered. unanimous consent that the Com- p.m. COMMITTEE ON HEALTH, EDUCATION, LABOR, mittee on Veterans’ Affairs be author- The PRESIDING OFFICER. Without AND PENSIONS ized to meet during the session of the objection, it is so ordered. Mr. BURRIS. Mr. President, I ask Senate on November 18, 2010. The Com- unanimous consent that the Com- mittee will meet in room 418 of the f mittee on Health, Education, Labor, Russell Senate Office Building begin- and Pensions be authorized to meet, ning at 10 a.m. during the session of the Senate, to The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR conduct a hearing entitled ‘‘The State objection, it is so ordered. Mr. BURRIS. Mr. President, I ask of the American Child: Securing Our AD HOC SUBCOMMITTEE ON CONTRACTING unanimous consent that my chief of Children’s Future’’ on November 18, OVERSIGHT staff, Brady King, and other members 2010. The hearing will commence at Mr. BURRIS. Mr. President, I ask of my staff be granted floor privileges 10:30 a.m. in room 430 of the Dirksen unanimous consent that the Ad Hoc during my remarks. Senate Office Building. Subcommittee on Contracting Over- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Without sight of the Committee on Homeland pore. Without objection, it is so or- objection, it is so ordered. hSecurity and Governmental Affairs be dered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 8634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8095 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Anne Hazlett: United States ...... Dollar ...... 9,453.50 ...... 9,453.50 Kenya ...... Shilling ...... 1,444.62 ...... 1,444.62 Uganda ...... Shilling ...... 625.41 ...... 625.41 Stephanie Mercier: United States ...... Dollar ...... 9,527.90 ...... 9,527.90 Kenya ...... Shilling ...... 1,926.00 ...... 1,926.00 Uganda ...... Shilling ...... 1,164.00 ...... 1,164.00

Total ...... 5,160.03 ...... 18,981.40 ...... 24,141.43 SENATOR BLANCHE L. LINCOLN, Chairman, Committee on Agriculture, Nutrition, and Forestry, Oct. 29, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Arlen Specter: Syria ...... Pound ...... 80.25 ...... 80.25 Israel ...... Shekel ...... 91.30 ...... 91.30 Croatia ...... Kuna ...... 61.46 ...... 61.46 Czech Republic ...... Koruna ...... 225.20 ...... 225.20 France ...... Euro ...... 64.37 ...... 64.37 Scott Hoeflich: Syria ...... Pound ...... 104.00 ...... 104.00 Israel ...... Shekel ...... 242.00 ...... 242.00 Croatia ...... Kuna ...... 334.00 ...... 334.00 Czech Republic ...... Koruna ...... 233.00 ...... 233.00 France ...... Euro ...... 155.00 ...... 155.00 United Kingdom ...... Pound ...... 133.00 ...... 133.00 Senator Richard Shelby: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Senator Tom Harkin: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Senator Thad Cochran: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Charles Houy: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Stewart Holmes: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Elizabeth Schmid: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Brian Potts: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Jenny Wing: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Anne Caldwell: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Kay Webber: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Lula Davis: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Dave Schiappa: United Kingdom ...... Pound ...... 4,412.00 ...... 4,412.00 Senator Byron Dorgan: Germany ...... Euro ...... 1,350.00 ...... 1,350.00 France ...... Euro ...... 1,497.00 ...... 130.00 ...... 1,627.00 United States ...... Dollar ...... 8,633.50 ...... 8,633.50 Nicole Manatt: United Arab Emirates ...... Dirham ...... 177.86 ...... 177.86 Afghanistan ...... Dollar ...... 46.16 ...... 46.16 United States ...... Dollar ...... 3,184.50 ...... 3,184.50 Senator Arlen Specter: China ...... RMB ...... 212.79 ...... 212.79 Vietnam ...... Dong ...... 725.96 ...... 725.96 Taiwan ...... Dollar ...... 702.26 ...... 702.26 United States ...... Dollar ...... 9,648.00 ...... 9,648.00 Christopher Bradish: China ...... RMB ...... 347.00 ...... 347.00 Vietnam ...... Dong ...... 738.20 ...... 738.20 Taiwan ...... Dollar ...... 997.10 ...... 997.10 United States ...... Dollar ...... 9,648.00 ...... 9,648.00 Gary Rese: Turkey ...... Lire ...... 1,717.00 ...... 1,717.00 United States ...... Dollar ...... 8,467.10 ...... 8,467.10 Elizabeth Schmid: Turkey ...... Lire ...... 1,717.00 ...... 1,717.00 United States ...... Dollar ...... 8,467.10 ...... 8,467.10 Janet Stormes: Kenya ...... Schillings ...... 756.00 ...... 756.00 Rwanda ...... Francs ...... 897.00 ...... 897.00 United States ...... Dollar ...... 10,520.29 ...... 10,520.29 United States ...... Dollar ...... 35.00 ...... 35.00 Paul Grove: Haiti ...... Gourde ...... 136.00 ...... 136.00 United States ...... Dollar ...... 794.80 ...... 794.80 Michele Wymer: Haiti ...... Gourde ...... 236.00 ...... 236.00 United States ...... Dollar ...... 794.80 ...... 794.80 Total ...... 66,920.91 ...... 60,288.09 ...... 35.00 ...... 127,244.00 SENATOR DANIEL K. INOUYE, Chairman, Committee on Appropriations, Sept. 30, 2010.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 8634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8096 CONGRESSIONAL RECORD — SENATE November 18, 2010 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Adam J. Barker: United States ...... Dollar ...... 11,082.80 ...... 11,082.80 Lebanon ...... Dollar ...... 394.00 ...... 394.00 Brooke Buchanan: Kuwait ...... Dollar ...... 159.00 ...... 159.00 Afghanistan ...... Dollar ...... 78.00 ...... 78.00 Israel ...... Dollar ...... 588.00 ...... 588.00 Senator Lindsey Graham: Kuwait ...... Dollar ...... 50.00 ...... 50.00 Afghanistan ...... Dollar ...... 22.00 ...... 22.00 Israel ...... Dollar ...... 288.00 ...... 288.00 Richard S. Perry: Kuwait ...... Dollar ...... 50.00 ...... 50.00 Afghanistan ...... Dollar ...... 22.00 ...... 22.00 Israel ...... Dollar ...... 288.00 ...... 288.00 Daniel A. Lerner: United States ...... Dollar ...... 14,915.00 ...... 14,915.00 Australia ...... Dollar ...... 2,117.14 ...... 2,117.14 Senator John McCain: Kuwait ...... Dollar ...... 50.00 ...... 50.00 Afghanistan ...... Dollar ...... 22.00 ...... 22.00 Israel ...... Dollar ...... 543.00 ...... 543.00 Michael J. Noblet: United States ...... Dollar ...... 11,155.00 ...... 11,155.00 Lebanon ...... Dollar ...... 390.00 ...... 390.00 Michael J. Kuiken: United States ...... Dollar ...... 11,082.00 ...... 1,082.00 Lebanon ...... Dollar ...... 432.00 ...... 432.00 Michael V. Kostiw: United States ...... Dollar ...... 15,591.09 ...... 15,591.09 Australia ...... Dollar ...... 2,314.00 ...... 2,314.00 Senator Joseph I. Lieberman: Kuwait ...... Dinar ...... 50.00 ...... 50.00 Afghanistan ...... Afghani ...... 22.00 ...... 22.00 Israel ...... Shekel ...... 986.27 ...... 986.27 Christopher J. Griffin: Kuwait ...... Dinar ...... 50.00 ...... 80.75 ...... 130.75 Afghanistan ...... Afghani ...... 22.00 ...... 44.00 ...... 66.00 Israel ...... Shekel ...... 100.00 ...... 953.15 ...... 1,053.15 Vance Serchuk: Kuwait ...... Dinar ...... 50.00 ...... 30.00 ...... 80.00 Afghanistan ...... Afghani ...... 22.00 ...... 23.00 ...... 45.00 Israel ...... Shekel ...... 100.00 ...... 912.00 ...... 1,012.00 Senator Jack Reed: United States ...... Dollar ...... 8,560.76 ...... 8,560.76 Afghanistan ...... Dollar ...... 5.00 ...... 5.00 Carolyn Chuhta: United States ...... Dollar ...... 9,198.10 ...... 9,198.10 Afghanistan ...... Dollar ...... 5.00 ...... 5.00 Senator Lindsey Graham: United Kingdom ...... Dollar ...... 639.00 ...... 639.00 Andrew King: United Kingdom ...... Dollar ...... 637.00 ...... 637.00 Christian Brose: Kuwait ...... Dollar ...... 136.00 ...... 136.00 Afghanistan ...... Dollar ...... 67.00 ...... 67.00 Israel ...... Dollar ...... 537.00 ...... 537.00 Victor M. Cervino: Colombia ...... Peso ...... 92.73 ...... 92.73 Senator Lindsey Graham: United States ...... Dollar ...... 7,934.70 ...... 7,934.70 Qatar ...... Dollar ...... 188.00 ...... 188.00 Senator James M. Inhofe: United Kingdom ...... Pound ...... 195.34 ...... 57.35 ...... 252.69 Anthony Lazarski: United Kingdom ...... Pound ...... 153.92 ...... 30.80 ...... 184.72 William K. Sutey: United States ...... Dollar ...... 7,223.60 ...... 7,223.60 Kuwait ...... Dollar ...... 31.00 ...... 31.00 Iraq ...... Dollar ...... 27.25 ...... 27.25 John W. Health, Jr.: United States ...... Dollar ...... 7,168.00 ...... 7,168.00 Kuwait ...... Dollar ...... 49.00 ...... 49.00 Iraq ...... Dollar ...... 11.00 ...... 11.00 Adam J. Barker: United States ...... Dollar ...... 11,898.50 ...... 11,898.50 Ethiopia ...... Birr ...... 215.00 ...... 215.00 Djibouti ...... Franc ...... 22.00 ...... 22.00 Kenya ...... Shilling ...... 190.00 ...... 190.00 Uganda ...... Shilling ...... 220.00 ...... 220.00 David M. Morriss: United States ...... Dollar ...... 11,328.50 ...... 11,328.50 Ethiopia ...... Birr ...... 323.00 ...... 323.00 Djibouti ...... Franc ...... 136.00 ...... 136.00 Kenya ...... Shilling ...... 240.00 ...... 240.00 Michael J. Noblet: United States ...... Dollar ...... 11,994.00 ...... 11,994.00 Ethiopia ...... Birr ...... 165.00 ...... 165.00 Djibouti ...... Franc ...... 175.00 ...... 175.00 Kenya ...... Shilling ...... 95.00 ...... 95.00 Uganda ...... Shilling ...... 488.00 ...... 488.00 Russell L. Shaffer: United States ...... Dollar ...... 7,866.00 ...... 7,866.00 Japan ...... Yen ...... 516.00 ...... 516.00 Republic of Korea ...... Won ...... 591.00 ...... 591.00 Jay Maroney: United States ...... Dollar ...... 7,865.51 ...... 7,865.51 Japan ...... Yen ...... 575.00 ...... 575.00 Republic of Korea ...... Won ...... 610.00 ...... 610.00 William G.P. Monahan: United States ...... Dollar ...... 9,163.10 ...... 9,163.10 United Arab Emirates ...... Dollar ...... 692.00 ...... 692.00 Pakistan ...... Dollar ...... 255.00 ...... 255.00 Senator Lindsey O. Graham: Canada ...... Dollar ...... 5.25 ...... 5.25

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 8634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8097 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Michael J. Kuiken: United States ...... Dollar ...... 11,898.00 ...... 11,898.00 Ethiopia ...... Birr ...... 245.00 ...... 245.00 Djibouti ...... Franc ...... 190.00 ...... 190.00 Kenya ...... Shilling ...... 180.00 ...... 180.00 Uganda ...... Shilling ...... 595.00 ...... 595.00 Senator Kay R. Hagan: Canada ...... Dollar ...... 39.49 ...... 39.49 Perrin Cooke: Canada ...... Dollar ...... 5.25 ...... 5.25 Senator Saxby Chambliss: Canada ...... Dollar ...... 5.25 ...... 5.25 Tyler Stephens: Canada ...... Dollar ...... 23.00 ...... 23.00 Dana W. White: United States ...... Dollar ...... 7,866.00 ...... 7,866.00 Japan ...... Yen ...... 649.83 ...... 649.83 Republic of Korea ...... Won ...... 553.32 ...... 553.32 Matt Rimkunas: Canada ...... Dollar ...... 106.00 ...... 106.00 Pablo E. Carrillo: United States ...... Dollar ...... 7,133.60 ...... 7,133.60 Kuwait ...... Dollar ...... 57.00 ...... 57.00 Iraq ...... Dollar ...... 15.00 ...... 15.00 Madelyn R. Creedon: United States ...... Dollar ...... 14,915.00 ...... 14,915.00 Australia ...... Dollar ...... 1,588.14 ...... 1,588.14 Senator George LeMieux: United States ...... Dollar ...... 12,814.90 ...... 12,814.90 Yemen ...... Rial ...... 70.00 ...... 70.00 Pakistan ...... Rupee ...... 6.00 ...... 6.00 India ...... Rupee ...... 579.00 ...... 579.00 Brian W. Walsh: United States ...... Dollar ...... 12,375.80 ...... 12,375.80 India ...... Rupee ...... 413.00 ...... 413.00 Vivian Myrtetus: United States ...... Dollar ...... 12,375.80 ...... 12,375.80 Yemen ...... Rial ...... 42.00 ...... 42.00 Pakistan ...... Rupee ...... 6.00 ...... 6.00 India ...... Rupee ...... 405.00 ...... 405.00 Christian D. Brose: United States ...... Dollar ...... 5,876.20 ...... 5,876.20 Kuwait ...... Dollar ...... 131.00 ...... 131.00 Republic of Korea ...... Dollar ...... 817.00 ...... 817.00 Japan ...... Dollar ...... 879.00 ...... 62.00 ...... 941.00 Senator Carl Levin: United States ...... Dollar ...... 9,163.00 ...... 9,163.00 United Arab Emirates ...... Dollar ...... 370.00 ...... 370.00 Pakistan ...... Dollar ...... 361.00 ...... 361.00 Afghanistan ...... Dollar ...... 73.00 ...... 73.00 Richard D. DeBobes: United States ...... Dollar ...... 9,163.00 ...... 9,163.00 United Arab Emirates ...... Dollar ...... 370.00 ...... 370.00 Pakistan ...... Dollar ...... 361.00 ...... 361.00 Afghanistan ...... Dollar ...... 73.00 ...... 73.00 Total ...... 26,705.18 ...... 267,758.11 ...... 2,042.90 ...... 296,506.19 SENATOR CARL LEVIN, Chairman, Committee on Armed Services, Oct. 8, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Christopher J. Dodd: India ...... Rupee ...... 835.00 ...... 835.00 United States ...... Dollar ...... 9,871.00 ...... 9,871.00 Joshua Blumenfeld: India ...... Rupee ...... 825.00 ...... 825.00 United States ...... Dollar ...... 8,490.50 ...... 8,490.50 Michael McKiernan: India ...... Rupee ...... 845.00 ...... 845.00 United States ...... Dollar ...... 8,490.50 ...... 8,490.50 Senator Christopher J. Dodd: United Kingdom ...... Pound ...... 832.00 ...... 832.00 Joshua Blumenfeld: United Kingdom ...... Pound ...... 832.00 ...... 832.00 United States ...... Dollar ...... 3,521.10 ...... 3,521.10 Kirstin Brost: United Kingdom ...... Pound ...... 486.00 ...... 486.00 Laura Friedel: United Kingdom ...... Pound ...... 832.00 ...... 832.00 Senator Christopher J. Dodd: Spain ...... Euro ...... 436.00 ...... 436.00 United States ...... Dollar ...... 1,597.00 ...... 1,597.00 Julie Chon: United Kingdom ...... Pound ...... 430.00 ...... 137.00 ...... 567.00 France ...... Euro ...... 964.00 ...... 190.00 ...... 1,154.00 Belgium ...... Euro ...... 850.00 ...... 850.00 Spain ...... Euro ...... 500.00 ...... 500.00 United States ...... Dollar ...... 6,614.00 ...... 6,614.00 Amy Friend: United Kingdom ...... Pound ...... 288.00 ...... 137.00 ...... 425.00 France ...... Euro ...... 664.00 ...... 190.00 ...... 854.00 Belgium ...... Euro ...... 630.00 ...... 630.00 Spain ...... Euro ...... 332.00 ...... 332.00 United States ...... Dollar ...... 6,614.40 ...... 6,614.40

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8098 CONGRESSIONAL RECORD — SENATE November 18, 2010 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Marc Jarsulic: United Kingdom ...... Pound ...... 138.31 ...... 138.31 Belgium ...... Euro ...... 913.11 ...... 913.11 Spain ...... Euro ...... 309.62 ...... 309.62 United States ...... Dollar ...... 6,514.71 ...... 6,514.71 Jonathan Miller: United Kingdom ...... Pound ...... 184.00 ...... 137.00 ...... 321.00 France ...... Euro ...... 753.00 ...... 190.00 ...... 943.00 Belgium ...... Euro ...... 523.00 ...... 523.00 Spain ...... Euro ...... 478.00 ...... 478.00 United States ...... Dollar ...... 6,614.40 ...... 6,614.40 Edward Silverman: Belgium ...... Euro ...... 937.03 ...... 937.03 Spain ...... Euro ...... 522.74 ...... 522.74 United States ...... Dollar ...... 6,514.71 ...... 6,514.71 Total ...... 15,201.50 ...... 65,961.63 ...... 81,163.13 SENATOR CHRISTOPHER J. DODD, Chairman, Committee on Banking, Housing, and Urban Affairs, Oct. 21, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Allison Parent: Belgium ...... Euro ...... 1,400.44 ...... 128.47 ...... 1,528.91 United States ...... Dollar ...... 1,476.40 ...... 1,476.40 Total ...... 1,400.44 ...... 1,604.87 ...... 3,005.31 SENATOR KENT CONRAD, Chairman, Committee on the Budget, Oct. 12, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Claire McCaskill: United States ...... Dollar ...... 9,523.40 ...... 9,523.40 China ...... Renminbi ...... 155.00 ...... 155.00 Tod Martin: United States ...... Dollar ...... 10,923.40 ...... 10,923.40 China ...... Renminbi ...... 185.00 ...... 185.00 Total ...... 340.00 ...... 20,446.80 ...... 20,786.80 SENATOR JOHN D. ROCKEFELLER IV, Chairman, Committee on Commerce, Science, and Transportation, Oct. 8, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Gabriel Adler: Brazil ...... Real ...... 647.19 ...... 647.19 United States ...... Dollar ...... 2,970.60 ...... 2,970.60 Total ...... 647.19 ...... 2,970.60 ...... 3,617.79 SENATOR MAX BAUCUS, Chairman, Committee on Finance, Nov. 10, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Robert Casey, Jr.: Kuwait ...... Dollar ...... 27.63 ...... 27.63 Israel ...... Dollar ...... 74.08 ...... 74.08 United States ...... Dollar ...... 9,036.19 ...... 9,036.19 Senator Bob Corker: United States ...... Dollar ...... 1,672.80 ...... 1,672.80

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8099 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ted Kaufman: Kuwait ...... Dollar ...... 145.00 ...... 145.00 Israel ...... Dollar ...... 236.97 ...... 236.97 Egypt ...... Dollar ...... 5.95 ...... 5.95 United States ...... Dollar ...... 8,595.89 ...... 8,595.89 Senator John Kerry: Afghanistan ...... Dollar ...... 6.92 ...... 6.92 United States ...... Dollar ...... 9.198.10 ...... 9,198.10 Senator Jeanne Shaheen: Israel ...... Dollar ...... 72.60 ...... 72.60 United States ...... Dollar ...... 9,514.69 ...... 9,514.69 Senator Jim Webb: Vietnam ...... Dong ...... 1,002.00 ...... 1,002.00 United States ...... Dollar ...... 9,806.30 ...... 9,806.30 Fulton Armstrong: United Arab Emirates ...... Dirham ...... 180.00 ...... 180.00 Afghanistan ...... Dollar ...... 76.00 ...... 76.00 United States ...... Dollar ...... 9,850.10 ...... 9,850.10 Fulton Armstrong: El Salvador ...... Dollar ...... 613.00 ...... 613.00 United States ...... Dollar ...... 1,526.56 ...... 1,526.56 Jonah Blank: United Arab Emirates ...... Dirham ...... 6.00 ...... 6.00 Pakistan ...... Rupee ...... 4.00 ...... 4.00 Afghanistan ...... Afghani ...... 7.00 ...... 7.00 United States ...... Dollar ...... 9,198.10 ...... 9,198.10 Jay Branegan: China ...... Renminbi ...... 1,587.00 ...... 205.00 ...... 1,792.00 United States ...... Dollar ...... 15,039.30 ...... 15,039.30 Shellie Bressler: Kenya ...... Shilling ...... 1,825.00 ...... 1,825.00 Rwanda ...... Franc ...... 570.00 ...... 570.00 United States ...... Dollar ...... 9,857.40 ...... 9,857.40 Steve Feldstein: Liberia ...... Dollar ...... 1,716.10 ...... 1,716.10 United States ...... Dollar ...... 4,460.30 ...... 4,460.30 Paul Foldi: China ...... Renminbi ...... 396.00 ...... 396.00 Hong Kong ...... Dollar ...... 292.00 ...... 292.00 Korea ...... Wan ...... 946.00 ...... 946.00 United States ...... Dollar ...... 10,749.80 ...... 10,749.80 Douglas Frantz: United Arab Emirates ...... Dirham ...... 234.00 ...... 234.00 Afghanistan ...... Afghani ...... 100.00 ...... 100.00 United States ...... Dollar ...... 10,959.50 ...... 10,959.50 Frank Jannuzi: China ...... Renminbi ...... 2,987.00 ...... 1,605.00 ...... 4,592.00 United States ...... Dollar ...... 15,594.70 ...... 15,594.70 Garrett Johnson: Bangladesh ...... Taka ...... 200.00 ...... 200.00 Pakistan ...... Rupee ...... 180.00 ...... 2,014.90 ...... 2,194.90 India ...... Rupee ...... 2,555.00 ...... 2,555.00 United States ...... Dollar ...... 12,789.40 ...... 12,789.40 Andrew Keller: China ...... Renminbi ...... 440.00 ...... 440.00 Chad Kreikemeier: United States ...... Dollar ...... 1,830.90 ...... 1,830.90 Kuwait ...... Dinar ...... 8.00 ...... 8.00 Israel ...... Shekel ...... 152.00 ...... 152.00 Lebanon ...... Pound ...... 14.00 ...... 14.00 Egypt ...... Pound ...... 31.00 ...... 31.00 United States ...... Dollar ...... 8,609.89 ...... 8,609.89 Robin Lerner: United Arab Emirates ...... Dirham ...... 349.00 ...... 349.00 Afghanistan ...... Dollar ...... 48.00 ...... 48.00 United States ...... Dollar ...... 6,350.10 ...... 6,350.10 Robin Lerner: Colombia ...... Peso ...... 394.00 ...... 394.00 United States ...... Dollar ...... 1,564.70 ...... 1,564.70 Frank Lowenstein: Afghanistan ...... Dollar ...... 114.08 ...... 114.08 Pakistan ...... Rupee ...... 40.00 ...... 40.00 United States ...... Dollar ...... 9,198.10 ...... 9,198.10 Keith Luse: Singapore ...... Dollar ...... 463.12 ...... 463.12 Indonesia ...... Rupiah ...... 1,103.32 ...... 1,103.32 United States ...... Dollar ...... 5,796.30 ...... 5,796.30 Nicholas Ma: China ...... Renminbi ...... 1,550.00 ...... 205.00 ...... 1,755.00 United States ...... Dollar ...... 4,013.30 ...... 4,013.30 Marta McIellan-Ross: Vietnam ...... Dong ...... 568.00 ...... 568.00 United States ...... Dollar ...... 9,806.00 ...... 9,806.00 Carl Meacham: Brazil ...... Rial ...... 404.90 ...... 404.90 Argentina ...... Peso ...... 433.00 ...... 433.00 Chile ...... Peso ...... 322.00 ...... 322.00 United States ...... Dollar ...... 3,278.70 ...... 3,278.70 Emily Mendrala: Colombia ...... Peso ...... 708.00 ...... 708.00 United States ...... Dollar ...... 1,370.00 ...... 1,370.00 Damian Murphy: Israel ...... Dollar ...... 95.87 ...... 95.87 Egypt ...... Dollar ...... 188.37 ...... 188.37 United States ...... Dollar ...... 8,676.19 ...... 8,676.19 Melanie Nakagawa: Uzbekistan ...... Sum ...... 650.00 ...... 650.00 Tajikistan ...... Somoni ...... 200.00 ...... 200.00 India ...... Rupee ...... 1,514.00 ...... 1,514.00 United States ...... Dollar ...... 4,984.50 ...... 4,984.50 Stacie Oliver: United States ...... Dollar ...... 794.80 ...... 794.80 Sherman Patrick: Israel ...... Dollar ...... 81.63 ...... 81.63 Lebanon ...... Dollar ...... 30.00 ...... 30.00

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8100 CONGRESSIONAL RECORD — SENATE November 18, 2010 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Egypt ...... Dollar ...... 5.95 ...... 5.95 United States ...... Dollar ...... 8,842.89 ...... 8,842.89 Nillmini Rubin: Jordan ...... Dinar ...... 665.00 ...... 665.00 Cape Verde ...... Escudo ...... 293.00 ...... 293.00 United States ...... Dollar ...... 15,325.10 ...... 15,325.10 Joel Starr: China ...... Renminbi ...... 1,663.00 ...... 205.00 ...... 1,868.00 United States ...... Dollar ...... 15,039.30 ...... 15,039.30 Marik String: Azerbaijan ...... Manat ...... 425.90 ...... 425.90 Austria ...... Euro ...... 525.00 ...... 525.00 Moldova ...... Leu ...... 294.00 ...... 294.00 United States ...... Dollar ...... 12,132.40 ...... 12,132.40 Atman Trivedi: India ...... Rupee ...... 1,533.00 ...... 1,533.00 Thailand ...... Baht ...... 942.00 ...... 942.00 Bangladesh ...... Taka ...... 297.00 ...... 297.00 United States ...... Dollar ...... 4,416.00 ...... 4,416.00 Laura Winthrop: Liberia ...... Dollar ...... 1,925.00 ...... 1,925.00 United States ...... Dollar ...... 4,460.30 ...... 4,460.30 Bryan Wright: United Kingdom ...... Pound ...... 3,397.00 ...... 3,397.00 United States ...... Dollar ...... 1,439.70 ...... 1,439.70 Debbie Yamada: Norway ...... Kroner ...... 505.00 ...... 505.00 Total ...... 38,418.39 ...... 276,734.50 ...... 314,830.89 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS—AMENDED REPORT—FOURTH QUARTER 2008 FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Corker: Russia ...... Ruble ...... 368.47 ...... 368.47 Ukraine ...... Hryvnia ...... 248.00 ...... 248.00 Azerbaijan ...... New Manat ...... 346.00 ...... 346.00 United States ...... 14,241.32 ...... 14,241.32 Todd Womack: Russia ...... Ruble ...... 368.47 ...... 368.47 Ukraine ...... Hryvnia ...... 345.98 ...... 345.98 Azerbaijan ...... New Manat ...... 346.00 ...... 346.00 United States ...... 14,241.32 ...... 14,241.32 Total ...... 2,022.92 ...... 28,482.64 ...... 30,505.56 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS—AMENDED REPORT—SECOND QUARTER 2009 FOR TRAVEL FROM APR. 1 TO JUNE 30, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Corker: Kenya ...... Shilling ...... 105.00 ...... 105.00 Tanzania ...... Shilling ...... 200.00 ...... 200.00 Rwanda ...... Franc ...... 11.50 ...... 11.50 United States ...... 6,689.63 ...... 6,689.63 Stacie Oliver: Kenya ...... Shilling ...... 255.00 ...... 255.00 Tanzania ...... Shilling ...... 250.00 ...... 250.00 Rwanda ...... Franc ...... 154.50 ...... 154.50 United States ...... 6,719.91 ...... 6,719.91 Total ...... 976.000 ...... 13,409.54 ...... 14,385.54 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS—AMENDED REPORT—THIRD QUARTER 2009 FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Corker: Israel ...... New Shekel ...... 210.00 ...... 210.00 United States ...... Dollar ...... 10,078.51 ...... 10,078.51 Todd Womack: Israel ...... New Shekel ...... 515.00 ...... 515.00 United States ...... Dollar ...... 10,078.51 ...... 10,078.51

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8101 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS—AMENDED REPORT—THIRD QUARTER 2009 FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2009—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Corker: Afghanistan ...... Afghani ...... 55.00 ...... 55.00 Pakistan ...... Rupee ...... 31.00 ...... 31.00 United States ...... Dollar ...... 9,685.71 ...... 9,685.71 Stacie Oliver: United Arab Emirates ...... Dirham ...... 150.00 ...... 150.00 Afghanistan ...... Afghani ...... 115.00 ...... 115.00 Pakistan ...... Rupee ...... 349.00 ...... 349.00 United States ...... Dollar ...... 4,089.10 ...... 4,089.10 Total ...... 1,425.00 ...... 33,931.83 ...... 35,356.83 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS—AMENDED REPORT—FIRST QUARTER 2010 FOR TRAVEL FROM JAN. 1 TO MAR. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Corker: Panama ...... Dollar ...... 132.00 ...... 132.00 Costa Rica ...... Colon ...... 132.00 ...... 132.00 El Salvador ...... Colon ...... 132.00 ...... 132.00 Honduras ...... Lempira ...... 132.00 ...... 132.00 Stacie Oliver: Panama ...... Dollar ...... 157.75 ...... 157.75 Costa Rica ...... Colon ...... 157.75 ...... 157.75 El Salvador ...... Colon ...... 157.75 ...... 157.75 Honduras ...... Lempira ...... 157.75 ...... 157.75 Paul Foldi: United Arab Emirates ...... Dirham ...... 1,101.00 ...... 1,101.00 Czech Republic ...... Koruna ...... 932.00 ...... 932.00 United States ...... Dollar ...... 9,198.23 ...... 9,198.23 Total ...... 3,192.00 ...... 9,198.23 ...... 12,390.23 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS—AMENDED REPORT—SECOND QUARTER 2010 FOR TRAVEL FROM APR. 1 TO JUNE 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Corker: United States ...... 10,779.60 ...... 10,779.60 Total ...... 10,779.60 ...... 10,779.60 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS—AMENDED REPORT—SECOND QUARTER 2010 FOR TRAVEL FROM APR. 1 TO JUNE 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Lisa Powell: United States ...... Dollar ...... 4,573.25 ...... 4,573.25 New Zealand ...... Dollar ...... 33.96 ...... 33.96 Samoa ...... Tala ...... 663.48 ...... 663.48 Sean Stiff: United States ...... Dollar ...... 4,552.99 ...... 4,552.99 New Zealand ...... Dollar ...... 16.20 ...... 16.20 Samoa ...... Tala ...... 579.02 ...... 70.10 ...... 649.12 Jessica Nagasako: United States ...... Dollar ...... 4,573.25 ...... 4,573.25 New Zealand ...... Dollar ...... 34.17 ...... 34.17 Samoa ...... Tala ...... 622.71 ...... 622.71 Benjamin Billings: United States ...... Dollar ...... 4,573.25 ...... 4,573.25 Samoa ...... Tala ...... 688.00 ...... 688.00 David Andrew Olson: United States ...... Dollar ...... 4,538.15 ...... 4,538.15 Samoa ...... Tala ...... 898.00 ...... 898.00 Ryan Tully: United States ...... Dollar ...... 8,214.10 ...... 8,214.10 United Arab Emirates ...... Dirham ...... 56.37 ...... 56.37 Pakistan ...... Rupee ...... 37.31 ...... 2,498.67 ...... 2,535.98 Senator John Ensign: United States ...... Dollar ...... 8,214.10 ...... 8,214.10 United Arab Emirates ...... Dirham ...... 39.88 ...... 39.88 Pakistan ...... Rupee ...... 27.31 ...... 2,498.67 ...... 2,525.98 Senator Thomas R Carper: United States ...... Dollar ...... 8,214.10 ...... 8,214.10

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8102 CONGRESSIONAL RECORD — SENATE November 18, 2010 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS—AMENDED REPORT—SECOND QUARTER 2010 FOR TRAVEL FROM APR. 1 TO JUNE 30, 2010—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United Arab Emirates ...... Dirham ...... 343.09 ...... 343.09 Afghanistan ...... Afghani ...... 78.00 ...... 78.00 Pakistan ...... Rupee ...... 422.10 ...... 2,498.67 ...... 2,920.77 Wendy R Anderson: United States ...... Dollar ...... 8,214.10 ...... 8,214.10 United Arab Emirates ...... Dirham ...... 446.09 ...... 446.09 Afghanistan ...... Afghani ...... 78.00 ...... 78.00 Pakistan ...... Rupee ...... 547.10 ...... 2,498.67 ...... 3,045.77 Seamus Hughes: United States ...... Dollar ...... 4,463.59 ...... 4,463.59 Denmark ...... Kronin ...... 210.00 ...... 210.00 Germany ...... Euro ...... 957.99 ...... 957.99 London ...... Pound ...... 922.00 ...... 922.00 Israel ...... Shekel ...... 361.99 ...... 361.99 Bradford D Belzak: United States ...... Dollar ...... 4,463.59 ...... 4,463.59 Denmark ...... Kronin ...... 210.00 ...... 210.00 Germany ...... Euro ...... 958.00 ...... 958.00 United Kingdom ...... Pound ...... 922.00 ...... 922.00 Israel ...... Shekel ...... 300.00 ...... 300.00 Vance Serchuk: United States ...... Dollar ...... 5,987.40 ...... 5,987.40 Singapore ...... Dollar ...... 1,195.00 ...... 1,195.00 Jeffrey E Greene: United States ...... Dollar ...... 4,229.69 ...... 4,229.69 Denmark ...... Kronin ...... 210.00 ...... 210.00 Germany ...... Euro ...... 957.99 ...... 957.99 London ...... Pound ...... 922.00 ...... 922.00 Israel ...... Shekel ...... 361.99 ...... 361.99 Christian Beckner: United States ...... Dollar ...... 4,463.59 ...... 4,463.59 Denmark ...... Kronin ...... 210.00 ...... 210.00 Germany ...... Euro ...... 957.99 ...... 957.99 United Kingdom ...... Pound ...... 922.00 ...... 922.00 Israel ...... Shekel ...... 361.99 ...... 361.99 Senator Scott Brown: United States ...... Dollar ...... 8,214.00 ...... 8,214.00 United Arab Emirates ...... Dirham ...... 505.00 ...... 505.00 Afghanistan ...... Afhani ...... 78.00 ...... 78.00 Pakistan ...... Rupee ...... 920.00 ...... 920.00 Steven Schrage: United States ...... Dollar ...... 8,214.10 ...... 8,214.10 United Arab Emirates ...... Dirham ...... 485.00 ...... 485.00 Afghanistan ...... Afghani ...... 35.00 ...... 35.00 Pakistan ...... Rupee ...... 930.10 ...... 930.10 Delegation Expenses*: Israel ...... Shekel ...... 791.10 ...... 791.10 Afghanistan ...... Afghani ...... 749.00 ...... 749.00 Pakistan ...... Rupee ...... 2,948.55 ...... 2,948.55 Total ...... 19,504.83 ...... 105,768.03 ...... 4,488.65 ...... 129,761.51 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Scott Brown: United States ...... Dollar ...... 7,243.49 ...... 7,243.49 Jordan ...... Dinar ...... 1,075.00 ...... 1,075.00 Israel ...... Shekel ...... 2,162.00 ...... 2,162.00 William Wright: United States ...... Dollar ...... 7,243.49 ...... 7,249.49 Jordan ...... Dinar ...... 1,085.00 ...... 1,085.00 Israel ...... Shekel ...... 2,180.00 ...... 2,180.00 Vance Serchuk: United States ...... Dollar ...... 11,422.20 ...... 11,422.20 Kuwait ...... Dinar ...... 75.00 ...... 75.00 Republic of Korea ...... Won ...... 680.00 ...... 680.00 Japan ...... Yen ...... 958.00 ...... 958.00 Elise Bean: United States ...... Dollar ...... 3,070.20 ...... 3,070.20 Norway ...... Krone ...... 1,120.15 ...... 1,120.15 Blas Nunez-Neto: United States ...... Dollar ...... 2,324.80 ...... 2,324.80 Belgium ...... Euro ...... 887.00 ...... 887.00 Sweden ...... Kroner ...... 246.00 ...... 246.00 United Kingdom ...... Pound ...... 838.00 ...... 838.00 Elyse Greenwald: United States ...... Dollar ...... 1,534.55 ...... 1,534.55 Belgium ...... Euro ...... 892.00 ...... 892.00 Sweden ...... Kroner ...... 721.25 ...... 721.25 Delegation Expenses *: Sweden ...... Kroner ...... 2,841.49 ...... 2,841.49 United Kingdom ...... Pound ...... 1,660.13 ...... 1,660.13 Total ...... 12,919.40 ...... 32,838.73 ...... 4,501.62 ...... 50,259.75 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, Oct. 25, 2010.

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8103 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Durbin: Norway ...... Krone ...... 2,016.00 ...... 5,715.00 ...... 7,731.00 Total ...... 2,016.00 ...... 5,715.00 ...... 7,731.00 SENATOR PATRICK J. LEAHY, Chairman, Committee on the Judiciary, Oct. 14, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM APR. 1 TO JUNE 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jon Kyl: Qatar ...... Rial ...... 176.69 ...... 176.69 Austria ...... Euro ...... 46.66 ...... 46.66 France ...... Euro ...... 116.16 ...... 116.16 Great Britain ...... Pound ...... 90.22 ...... 90.22 The Netherlands ...... Euro ...... 107.77 ...... 107.77 Timothy Morrison: Qatar ...... Rial ...... 129.63 ...... 129.63 Austria ...... Euro ...... 83.66 ...... 83.66 France ...... Euro ...... 126.61 ...... 126.61 Great Britain ...... Pound ...... 144.33 ...... 144.33 The Netherlands ...... Euro ...... 153.77 ...... 153.77 Total ...... 1,175.50 ...... 1,175.50 SENATOR PATRICK J. LEAHY, Chairman, Committee on the Judiciary, Aug. 2, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Tom Harkin: Vietnam ...... Dong ...... 1,349.16 ...... 1,349.16 Japan ...... Yen ...... 682.56 ...... 682.56 Senator Bernie Sanders: Vietnam ...... Dong ...... 1,349.16 ...... 1,349.16 Japan ...... Yen ...... 468.78 ...... 468.78 Senator Al Franken: Vietnam ...... Dong ...... 1,034.13 ...... 1,006.04 ...... 2,040.17 Laos ...... Kip ...... 164.00 ...... 2,816.50 ...... 222.05 ...... 3,202.55 Japan ...... Yen ...... 682.56 ...... 682.56 Tom Larkin: Vietnam ...... Dong ...... 1,349.16 ...... 1,349.16 Japan ...... Yen ...... 468.78 ...... 468.78 Rosemary Gutierrez: Vietnam ...... Dong ...... 1,349.16 ...... 1,349.16 Japan ...... Yen ...... 468.78 ...... 468.78 Pam Smith: Vietnam ...... Dong ...... 1,349.16 ...... 1,349.16 Japan ...... Yen ...... 468.78 ...... 468.78 Jenelle Krishnamoorthy: Vietnam ...... Dong ...... 1,349.16 ...... 1,349.16 Japan ...... Yen ...... 468.78 ...... 468.78 Jeff Lomanaco: Vietnam ...... Dong ...... 1,034.13 ...... 1,006.04 ...... 2,040.17 Laos ...... Kip ...... 164.00 ...... 2,816.50 ...... 222.05 ...... 3,202.55 Japan ...... Yen ...... 468.78 ...... 468.78 Delegation Expenses*: Vietnam ...... Dong ...... 10,000.00 ...... 12,411.31 ...... 22,411.31 Japan ...... Yen ...... 1,260.00 ...... 1,862.61 ...... 3,122.61 Total ...... 14,669.02 ...... 18,905.08 ...... 14,718.02 ...... 48,292.12 * Delegation expenses include payments and reimbursements to the Department of State under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR TOM HARKIN, Chairman, Committee on Health, Education, Labor, and Pensions, Oct. 25, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mary L. Landrieu: United States ...... Dollar ...... 12,408.09 ...... 12,408.09 United Kingdom ...... Pound ...... 544.54 ...... 544.54 Ethiopia ...... Birr ...... 1,905.37 ...... 1,905.37 ...... 0.00 Alicia Williams: United States ...... Dollar ...... 10,011.09 ...... 10,011.09

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8104 CONGRESSIONAL RECORD — SENATE November 18, 2010 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United Kingdom ...... Pound ...... 544.54 ...... 544.54 Ethiopia ...... Birr ...... 1,905.37 ...... 1,905.37 ...... 0.00 Delegation Expenses *: United Kingdom ...... Pound ...... 80.46 ...... 80.46 Ethiopia ...... Birr ...... 227.14 ...... 7,041.25 ...... 7,268.39 Total ...... 4,899.82 ...... 22,726.78 ...... 7,041.25 ...... 34,667.85 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of teh Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR MARY L. LANDRIEU, Chairman, Committee on Small Business and Entrepreneurship, Oct. 21, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jacqueline Russell ...... 1,096.00 ...... 1,096.00 ...... Dollar ...... 9,990.80 ...... 9,990.80 Kathleen Rice ...... 1,096.00 ...... 1,096.00 ...... Dollar ...... 9,990.80 ...... 9,990.80 Jennifer Wagner ...... 1,171.00 ...... 1,171.00 ...... Dollar ...... 9,990.80 ...... 9,990.80 James Smythers ...... 1,034.00 ...... 1,034.00 ...... Dollar ...... 11,381.90 ...... 11,381.90 John Maguire ...... 636.00 ...... 636.000 ...... Dollar ...... 8,011.79 ...... 8,011.79 Michael Pevzner ...... 681.00 ...... 681.00 ...... Dollar ...... 7,810.79 ...... 7,810.79 Andrew Kerr ...... 1,050.00 ...... 1,050.00 ...... Dollar ...... 1,102.01 ...... 1,102.01 David Koger ...... 1,050.00 ...... 1,050.00 ...... Dollar ...... 1,102.01 ...... 1,102.01 Randall Bookout ...... 1,050.00 ...... 1,050.00 ...... Dollar ...... 1,102.01 ...... 1,102.01 Michael Pevzner ...... 1,653.37 ...... 1,653.37 ...... Dollar ...... 14,409.10 ...... 14,409.10 Paul Matulic ...... 632.17 ...... 632.17 ...... Dollar ...... 10,279.90 ...... 10,279.90 Thomas Corcoran ...... 632.17 ...... 632.17 ...... Dollar ...... 10,279.90 ...... 10,279.90 Senator Christopher Bond ...... 1,573.00 ...... 1,573.00 ...... Dollar ...... 14,235.00 ...... 14,235.00 Michael DuBois ...... 1,573.00 ...... 1,573.00 ...... Dollar ...... 14,228.00 ...... 14,228.00 Louis Tucker ...... 1,703.00 ...... 1,703.00 ...... Dollar ...... 17,085.70 ...... 17,085.70 Andrew Kerr ...... 1,814.00 ...... 1,814.00 ...... Dollar ...... 16,138.10 ...... 16,138.10 Richard Girven ...... 1,806.00 ...... 1,806.00 ...... Dollar ...... 15,840.70 ...... 15,840.70 Senator Bill Nelson ...... 1,558.00 ...... 1,558.00 ...... Dollar ...... 2,516.73 ...... 2,516.73 Caroline Tess ...... 1,208.00 ...... 1,208.00 ...... Dollar ...... 2,435.43 ...... 2,435.43 Neal Higgin ...... 1,158.00 ...... 1,158.00 ...... Dollar ...... 2,435.43 ...... 2,435.43 Total ...... 24,174.71 ...... 180,366.90 ...... 204,541.61 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, Oct. 19, 2010.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Benjamin Cardin: Norway ...... Krone ...... 2,226.40 ...... 2,226.40 Senator Tom Udall: Norway ...... Krone ...... 2,873.40 ...... 2,873.40 Hon. Christopher Smith: Norway ...... Krone ...... 2,125.40 ...... 2,125.40 Hon. Louise Slaughter: Norway ...... Krone ...... 2,340.40 ...... 2,340.40 Hon. Robert Aderholt: Norway ...... Krone ...... 2,247.57 ...... 2,247.57 Fred Turner: Norway ...... Krone ...... 2,498.60 ...... 2,498.60 Robert Hand: Norway ...... Krone ...... 1,867.60 ...... 1,867.60 Josh Shapiro: Norway ...... Krone ...... 2,602.60 ...... 2,602.60 Alex Johnson: Norway ...... Krone ...... 2,602.60 ...... 2,602.60 Austria ...... Euro ...... 8,684.01 ...... 8,684.01 United States ...... Dollar ...... 1,324.20 ...... 1,324.20 Shelly Han: Norway ...... Krone ...... 2,602.60 ...... 2,602.60

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 8634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8105 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2010—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United Kingdom ...... Pound ...... 1,967.00 ...... 1,967.00 United States ...... Dollar ...... 781.80 ...... 781.80 Janice Helwig: Austria: ...... Euro ...... 1,121.00 ...... 1,121.00 United States ...... Dollar ...... 1,125.70 ...... 1,125.70 Erika Schlager: Kazakhstan ...... Tenga ...... 2,546.24 ...... 2,546.24 United States ...... Dollar ...... 10,206.40 ...... 10,206.40 Winsome Packer: Kazakhstan ...... Tenge ...... 1,110.83 ...... 1,110.83 Austria ...... Euro ...... 1,805.99 ...... 1,805.99 Total ...... 39,416.25 ...... 15,244.09 ...... 54,660.34 SENATOR BENJAMIN L. CARDIN, Chairman, Commission on Security and Cooperation in Europe, h Oct. 19, 2010. AUTHORIZING A SINGLE CDQ group as part of a CDQ allocation to an SEC. 4. LONGLINE CATCHER PROCESSOR SUB- FISHERIES COOPERATIVE entity established by section 305(i) of the SECTOR NON-COOPERATIVE LIM- Magnuson-Stevens Act (16 U.S.C. 1855(i)). ITED ACCESS FISHERY. Mr. REID. Mr. President, I ask unan- (c) CONTRACT SUBMISSION AND REVIEW.— (a) IN GENERAL.—An eligible member that imous consent that the Senate proceed The longline catcher processor subsector elects not to participate in a single fishery to the consideration of Calendar No. shall submit to the Secretary— cooperative approved under section 2 shall 520, S. 1609. (1) not later than November 1 of each year, operate in a non-cooperative limited access The PRESIDING OFFICER. The a contract to implement a single fishery co- fishery subject to the license limitation pro- operative approved under this section for the gram in effect for the longline catcher proc- clerk will report the bill by title. essor subsector on the date of enactment of The legislative clerk read as follows: following calendar year; and (2) not later than 60 days prior to the com- this Act or any subsequent modifications to A bill (S. 1609) to authorize a single fish- mencement of fishing under the single fish- the license limitation program recommended eries cooperative for the Bering Sea Aleutian ery cooperative, any interim modifications by the Council and approved by the Sec- Islands longline catcher processor subsector, to the contract submitted under paragraph retary. and for other purposes. (1). (b) HARVEST AND PROHIBITED SPECIES ALLO- There being no objection, the Senate (d) DEPARTMENT OF JUSTICE REVIEW.—Not CATIONS.—Eligible members operating in a proceeded to consider the bill. later than November 1 before the first year non-cooperative limited access fishery under Mr. REID. Mr. President, I ask unan- of fishing under a single fishery cooperative this section may collectively— approved under this section, the longline (1) harvest the percentage of BSAI Pacific imous consent that the bill be read the cod total allowable catch equal to the com- third time and passed, that the motion catcher processor sector shall submit to the Secretary a copy of a letter from a party to bined average percentage of the BSAI Pacific to reconsider be laid upon the table, the contract under subsection (c)(1) request- cod harvest allocated to the longline catcher with no intervening action or debate, ing a business review letter from the Attor- processor sector and retained by the vessel and that any statements related to the ney General and any response to such re- or vessels designated on the eligible mem- bill be printed in the RECORD. quest. bers license limitation program license or li- The PRESIDING OFFICER. Without (e) IMPLEMENTATION.—The Secretary shall censes for 2006, 2007, and 2008, according to objection, it is so ordered. implement a single fishery cooperative ap- the catch accounting system data used to es- proved under this section not later than 2 tablish total catch; and The bill was ordered to be engrossed (2) utilize the percentage of BSAI Pacific for a third reading, was read the third years after receiving a request under sub- section (a). cod prohibited species catch allocation equal time, and passed, as follows: to the percentage calculated under para- (f) STATUS QUO FISHERY.—If the longline S. 1609 catcher processor subsector does not submit graph (1). Be it enacted by the Senate and House of Rep- a contract to the Secretary under subsection SEC. 5. AUTHORITY OF THE NORTH PACIFIC resentatives of the United States of America in (c) then the longline catcher processor sub- FISHERY MANAGEMENT COUNCIL. Congress assembled, sector in the BSAI shall operate as a limited (a) IN GENERAL.—Nothing in this Act shall SECTION 1. SHORT TITLE. access fishery for the following year subject supersede the authority of the Council to This Act may be cited as the ‘‘Longline to the license limitation program in effect recommend for approval by the Secretary Catcher Processor Subsector Single Fishery for the longline catcher processor subsector such conservation and management meas- Cooperative Act’’. on the date of enactment of this Act or any ures, in accordance with the Magnuson-Ste- vens Act (16 U.S.C. 1801 et seq.) as it con- SEC. 2. AUTHORITY TO APPROVE AND IMPLE- subsequent modifications to the license limi- MENT A SINGLE FISHERY COOPERA- tation program recommended by the Council siders necessary to ensure that this Act does TIVE FOR THE LONGLINE CATCHER and approved by the Secretary. not diminish the effectiveness of fishery management in the BSAI or the Gulf of Alas- PROCESSOR SUBSECTOR IN THE SEC. 3. HARVEST AND PROHIBITED SPECIES AL- BSAI. LOCATIONS TO A SINGLE FISHERY ka Pacific cod fishery. (a) IN GENERAL.—Upon the request of eligi- COOPERATIVE FOR THE LONGLINE (b) LIMITATIONS.— ble members of the longline catcher proc- CATCHER PROCESSOR SUBSECTOR (1) Notwithstanding the authority provided essor subsector holding at least 80 percent of IN THE BSAI. to the Council under this section, the Coun- the licenses issued for that subsector, the A single fishery cooperative approved cil is prohibited from altering or otherwise Secretary is authorized to approve a single under section 2 may, on an annual basis, col- modifying— fishery cooperative for the longline catcher lectively— (A) the methodology established under sec- processor subsector in the BSAI. (1) harvest the total amount of BSAI Pa- tion 3 for allocating the BSAI Pacific cod (b) LIMITATION.—A single fishery coopera- cific cod total allowable catch, less any total allowable catch and BSAI Pacific cod tive approved under this section shall in- amount allocated to the longline catcher prohibited species catch allocation to a sin- clude a limitation prohibiting any eligible processor subsector non-cooperative limited gle fishery cooperative approved under this member from harvesting a total of more access fishery; Act; or than 20 percent of the Pacific cod available (2) utilize the total amount of BSAI Pacific (B) the methodology established under sec- to be harvested in the longline catcher proc- cod prohibited species catch allocation, less tion 4 of this Act for allocating the BSAI Pa- essor subsector, the violation of which is any amount allocated to a longline catcher cific cod total allowable catch and BSAI Pa- subject to the penalties, sanctions, and for- processor subsector non-cooperative limited cific cod prohibited species catch allocation feitures under section 308 of the Magnuson- access fishery; and to the non-cooperative limited access fish- Stevens Act (16 U.S.C. 1858), except that such (3) harvest any reallocation of Pacific cod ery. limitation shall not apply to harvest to the longline catcher processor subsector (2) No sooner than 7 years after approval of amounts from quota assigned explicitly to a during a fishing year by the Secretary. a single fisheries cooperative under section 2

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8106 CONGRESSIONAL RECORD — SENATE November 18, 2010 of this Act, the Council may modify the har- tion program license, or licenses, eligible to RECOGNIZING AND HONORING THE vest limitation established under section 2(b) participate in the longline catcher processor COMMITMENT AND SACRIFICES if such modification does not negatively im- subsector. OF MILITARY FAMILIES OF THE pact any eligible member of the longline (6) GULF OF ALASKA.—The term ‘‘Gulf of UNITED STATES catcher processor subsector. Alaska’’ means that portion of the Exclusive (c) PROTECTIONS FOR THE GULF OF ALASKA Economic Zone contained in Statistical Mr. REID. Mr. President, I ask unan- PACIFIC COD FISHERY.—The Council may rec- Areas 610, 620, and 630. imous consent that the Senate proceed ommend for approval by the Secretary such (7) LONGLINE CATCHER PROCESSOR SUB- to the immediate consideration of S. harvest limitations of Pacific cod by the SECTOR.—The term ‘‘longline catcher proc- Con. Res. 76. longline catcher processor subsector in the essor subsector’’ has the meaning given that The PRESIDING OFFICER. The Western Gulf of Alaska and the Central Gulf term in section 219(a)(6) of the Department clerk will report the resolution by of Alaska as may be necessary to protect of Commerce and Related Agencies Appro- coastal communities and other Gulf of Alas- title. priations Act, 2005 (Public Law 108–447; 118 The legislative clerk read as follows: ka participants from potential competitive Stat. 2886). A concurrent resolution (S. Con. Res. 76) to advantages provided to the longline catcher (8) MAGNUSON-STEVENS ACT.—The term recognize and honor the commitment and processor subsector by this Act. ‘‘Magnuson-Stevens Act’’ means the Magnu- sacrifices of military families of the United SEC. 6. RELATIONSHIP TO THE MAGNUSON-STE- son-Stevens Fishery Conservation and Man- States. VENS ACT. agement Act (16 U.S.C. 1801 et seq.). (a) IN GENERAL.—Consistent with section (9) SECRETARY.—The term ‘‘Secretary’’ There being no objection, the Senate 301(a) of the Magnuson-Stevens Act (16 means the Secretary of Commerce. proceeded to consider the concurrent U.S.C. 1851(a)), a single fishery cooperative f resolution. approved under section 2 of this Act is in- Mr. REID. Mr. President, I ask unan- tended to enhance conservation and sustain- AUTHORIZING USE OF THE imous consent that the concurrent res- able fishery management, reduce and mini- CAPITOL ROTUNDA mize bycatch, promote social and economic olution be agreed to, the preamble be benefits, and improve the vessel safety of the Mr. REID. Mr. President, I ask unan- agreed to, the motions to reconsider be longline catcher processor subsector in the imous consent that the Senate proceed laid upon the table, with no inter- BSAI. to the consideration of S. Con. Res. 75. vening action or debate, and that any (b) TRANSITION RULE.—A single fishery co- The PRESIDING OFFICER. The statements related to the matter be operative approved under section 2 of this clerk will report the resolution by printed in the RECORD. Act is deemed to meet the requirements of The PRESIDING OFFICER. Without section 303A(i) of the Magnuson-Stevens Act title. The legislative clerk read as follows: objection, it is so ordered. (16 U.S.C. 1853a(i)) as if it had been approved The concurrent resolution (S. Con. by the Secretary within 6 months after the A concurrent resolution (S. Con. Res. 75) Res. 76) was agreed to. date of enactment of the Magnuson-Stevens authorizing the use of the Rotunda of the The preamble was agreed to. Fishery Conservation and Management Re- Capitol for an event marking the 50th anni- authorization Act of 2006, unless the Sec- versary of the inaugural address of President The concurrent resolution, with its retary makes a determination, within 30 John F. Kennedy. preamble, reads as follows: S. CON. RES. 76 days after the date of enactment of this Act, There being no objection, the Senate that application of section 303A(i) of the proceeded to consider the resolution. Whereas the month of November marks Magnuson-Stevens Act to the cooperative Military Family Month; approved under section 2 of this Act would be Mr. REID. Mr. President, I ask unan- Whereas the freedom and security the citi- inconsistent with the purposes for which sec- imous consent that the concurrent res- zens of the United States enjoy today are a tion 303A was added to the Magnuson-Ste- olution and the preamble be agreed to result of the continued dedication and vigi- vens Act. en bloc, the motions to reconsider be lance of the Armed Forces throughout the (c) COST RECOVERY.—Consistent with sec- laid upon the table en bloc, and that history of the United States; tion 304(d)(2) of the Magnuson-Stevens Act any statements related to the concur- Whereas the security of the United States (16 U.S.C. 1854(d)(2)), the Secretary is author- rent resolution be printed in the depends on the readiness and retention of the ized to recover reasonable costs to admin- men and women of the Armed Forces, a force RECORD. ister a single fishery cooperative approved comprised of active, National Guard, and Re- under section 2 of this Act. The PRESIDING OFFICER. Without serve personnel; SEC. 7. COMMUNITY DEVELOPMENT QUOTA PRO- objection, it is so ordered. Whereas military families are an integral GRAM. The concurrent resolution (S. Con. source of strength for the Soldiers, Sailors, Nothing in this Act shall affect the west- Res. 75) was agreed to. Marines, Airmen, and Coastguardsmen of the ern Alaska community development pro- The preamble was agreed to. United States, and have continually proven gram established by section 305(i) of the The concurrent resolution, with its their dedication, service, and willingness to Magnuson-Stevens Act (16 U.S.C. 1855(i)), in- preamble, reads as follows: make great sacrifices in support of service cluding the allocation of fishery resources in members of the United States; the directed Pacific cod fishery. S. CON. RES. 75 Whereas military families often endure SEC. 8. DEFINITIONS. Whereas John Fitzgerald Kennedy was unique circumstances that are central to In this Act: elected to the United States House of Rep- military life, including long separations (1) BSAI.—The term ‘‘BSAI’’ has the mean- resentatives and served from January 3, 1947, from their loved ones, the uncertainty and ing given that term in section 219(a)(2) of the to January 3, 1953, until he was elected by demands of multiple deployments, school Department of Commerce and Related Agen- the Commonwealth of Massachusetts to the and job transfers, and frequent moves from cies Appropriations Act, 2005 (Public Law Senate where he served from January 3, 1953, communities where they have established 108–447; 118 Stat. 2886). to December 22, 1960; roots and relationships; (2) BSAI PACIFIC COD TOTAL ALLOWABLE Whereas on November 8, 1960, John Fitz- Whereas military family members have be- CATCH.—The term ‘‘BSAI Pacific cod total al- gerald Kennedy was elected as the 35th come the central support system for each lowable catch’’ means the Pacific cod total President of the United States; and other as they reinforce units through family allowable catch for the directed longline Whereas on January 20, 1961, President readiness efforts and initiatives, support catcher processor subsector in the BSAI as Kennedy was sworn in as President of the service members within the units, and reach established on an annual basis by the Coun- United States and delivered his inaugural ad- out to the families whose loved ones have cil and approved by the Secretary. dress at 12:51 pm, a speech that served as a been deployed; and (3) BSAI PACIFIC COD PROHIBITED SPECIES clarion call to service for the Nation: Now, Whereas it is important to recognize the CATCH ALLOCATION.—The term ‘‘BSAI Pacific therefore, be it sacrifices, support, and dedication of the cod prohibited species catch allocation’’ Resolved by the Senate (the House of Rep- families of the men and women who serve in means the prohibited species catch alloca- resentatives concurring), the Armed Forces; Now, therefore be it tion for the directed longline catcher proc- SECTION 1. USE OF THE ROTUNDA OF THE CAP- Resolved by the Senate (the House of Rep- essor subsector in the BSAI as established on ITOL FOR AN EVENT HONORING resentatives concurring), That Congress— an annual basis by the Council and approved PRESIDENT KENNEDY. (1) recognizes the commitment and ever-in- by the Secretary. The rotunda of the United States Capitol is creasing sacrifices military families make (4) COUNCIL.—The term ‘‘Council’’ means authorized to be used on January 20, 2011, for every day during the current era of pro- the North Pacific Fishery Management a ceremony in honor of the 50th anniversary tracted conflict; Council established under section 302(a)(1)(G) of the inaugural address of President John F. (2) honors the families of the Armed Forces of the Magnuson-Stevens Act (16 U.S.C. Kennedy. Physical preparations for the con- and thanks the families for their dedication 1852(a)(1)(G)). duct of the ceremony shall be carried out in and service to the United States; and (5) ELIGIBLE MEMBER.—The term ‘‘eligible accordance with such conditions as may be (3) encourages the citizens of the United member’’ means a holder of a license limita- prescribed by the Architect of the Capitol. States to recognize, commemorate, and

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8107 honor the role and contribution of the mili- Whereas 71 percent of those who have con- The resolutions (S. Res. 683, 684, and tary family, including selfless service that sidered adoption consider adopting children 685) were agreed to. ensures freedom and preserves the quality of from foster care above other forms of adop- The preambles were agreed to. life in the United States. tion; The resolutions, with their pre- Whereas 45 percent of Americans believe f ambles, read as follows: that children enter the foster care system S. RES. 683 SUPPORTING GOALS OF NATIONAL because of juvenile delinquency, when in re- ADOPTION DAY AND NATIONAL ality the vast majority of children who have Whereas, since independence 19 years ago, the people of Moldova have made extraor- ADOPTION MONTH entered the foster care system were victims of neglect, abandonment, or abuse; dinary progress in transitioning from au- Mr. REID. Mr. President, I ask unan- Whereas 46 percent of Americans believe thoritarian government and a closed market imous consent that the HELP Com- that foster care adoption is expensive, when to a democratic government and market mittee be discharged from further con- in reality there is no substantial cost for economy; Whereas, for 19 years, the constitution of sideration of S. Res. 647 and that the adopting from foster care and financial sup- port is available to adoptive parents after Moldova has guaranteed its citizens freedom Senate proceed to its immediate con- to emigrate confirmed by years of successive sideration. the adoption is finalized; Whereas both National Adoption Day and Presidential waivers concerning the Jack- The PRESIDING OFFICER. Without National Adoption Month occur in Novem- son-Vanik amendment; objection, it is so ordered. ber; Whereas, on January 12, 2010, the Govern- The clerk will report the resolution Whereas National Adoption Day is a collec- ment of Moldova initiated negotiations with by title. tive national effort to find permanent, loving the European Union on an Association The legislative clerk read as follows: families for children in the foster care sys- Agreement between the European Union and tem; the Republic of Moldova, an important step A resolution (S. Res. 647) expressing sup- towards European Union accession; Whereas since the first National Adoption port for the goals of National Adoption Day Whereas, in order to comply with the cri- Day in 2000, more than 30,000 children have and National Adoption Month by promoting teria of the Millennium Challenge Corpora- joined forever families during National national awareness of adoption and the chil- tion (MCC), the Government of Moldova im- Adoption Day; dren awaiting families, celebrating children plemented far-reaching legal reforms to curb Whereas in 2009, adoptions were finalized and families involved in adoption, and en- corruption, introduce budgetary trans- for nearly 5,000 children through 400 National couraging Americans to secure safety, per- parency, and strengthen the capacity of civil Adoption Day events in all 50 States, the manency, and well-being for all children. society and the media, resulting in the suc- District of Columbia, Puerto Rico, and cessful conclusion of negotiations and the There being no objection, the Senate Guam; and proceeded to consider the resolution. signing of an MCC Compact on January 22, Whereas the President traditionally issues 2010; Mr. REID. I further ask unanimous an annual proclamation to declare November Whereas the Government of Moldova initi- consent that the resolution be agreed as National Adoption Month, and National ated a visa dialogue between the Republic of to, the preamble be agreed to, the mo- Adoption Day is on November 20, 2010: Now, Moldova and the European Union aiming at tions to reconsider be laid upon the therefore, be it visa liberalization on June 15, 2010; table, with no intervening action or de- Resolved, That the Senate— Whereas, on August 26, 2010, Secretary of (1) supports the goals and ideals of Na- State Hillary Clinton praised progress in bate, and any statements relating to tional Adoption Day and National Adoption the resolution be printed in the Moldova in ‘‘advancing transparent govern- Month; ance, human rights, and economic reform’’; RECORD. (2) recognizes that every child should have Whereas, on October 20, 2010, Reporters The PRESIDING OFFICER. Without a permanent and loving family; and Without Borders reported an improvement in objection, it is so ordered. (3) encourages the people of the United the freedom of press in Moldova, with The resolution (S. Res. 647) was States to consider adoption during the Moldova rising from the 114th position in agreed to. month of November and all throughout the 2009 to the 75th position in 2010; The preamble was agreed to. year. Whereas, in November 2010, the Govern- The resolution, with its preamble, f ment of Moldova concluded a treaty with Ro- reads as follows: RESOLUTIONS SUBMITTED TODAY mania important to the assertion of its sov- ereignty and its future development; S. RES. 647 Mr. REID. Mr. President, I ask unan- Whereas Assistant Secretary of State for Whereas there are approximately 463,000 imous consent that the Senate proceed European and Eurasian Affairs Philip H. children in the foster care system in the to the immediate consideration en bloc Gordon noted in testimony before the Sub- United States, approximately 123,000 of of the following resolutions, which committee on Europe of the Committee on whom are waiting for families to adopt were submitted earlier today: S. Res. Foreign Affairs of the House of Representa- them; tives on June 16, 2009, ‘‘We will continue to Whereas 55 percent of the children in foster 683, S. Res. 684, and S. Res. 685. work for a negotiated settlement of the sepa- care are age 10 or younger; The PRESIDING OFFICER. The ratist conflict in the Transnistria region Whereas the average length of time a child clerk will report the resolutions by that provides for a whole and democratic spends in foster care is over 2 years; title. Moldova and the withdrawal of Russian Whereas for many foster children, the wait The legislative clerk read as follows: forces.’’; and for a loving family in which they are nur- A resolution (S. Res. 683) recognizing the Whereas the Republic of Moldova has made tured, comforted, and protected seems end- recent accomplishments of the people and commitments to the Organization for Secu- less; Government of Moldova, and expressing sup- rity and Cooperation in Europe (OSCE) to Whereas the number of youth who ‘‘age port for free and transparent parliamentary conduct elections according to international out’’ of foster care by reaching adulthood elections on November 28, 2010. standards: Now, therefore, be it without being placed in a permanent home A resolution (S. Res. 684) recognizing the Resolved, That the Senate— has continued to increase since 1998, and 35th anniversary of the enactment of the (1) supports the development of an endur- more than 29,000 foster youth age out every Education for All Handicapped Children Act ing democratic political system and free year; of 1975. market economy in Moldova and a par- Whereas everyday, loving and nurturing A resolution (S. Res. 685) commemorating liamentary election process on November 28, families are strengthened and expanded when the 100th anniversary of the discovery of 2010, that comports with international stand- committed and dedicated individuals make sickle cell disease by Dr. James B. Herrick. ards of fairness and transparency; an important difference in the life of a child (2) recognizes that the commitment of the through adoption; There being no objection, the Senate Government of Moldova to economic and po- Whereas a 2007 survey conducted by the proceeded to consider the resolutions. litical reforms since 2009 has resulted in tan- Dave Thomas Foundation for Adoption dem- Mr. REID. Mr. President, I ask unan- gible progress towards integration into Euro- onstrated that though ‘‘Americans over- imous consent that the resolutions be pean institutions; whelmingly support the concept of adoption, agreed to, the preambles be agreed to, (3) acknowledges that continued reform and in particular foster care adoption . . . the motions to reconsider be laid upon and commitment to a free and fair election foster care adoptions have not increased sig- the table en bloc, with no intervening process will remain necessary for Moldova’s nificantly over the past five years’’; action or debate, and any statements full integration into the Western community Whereas while 4 in 10 Americans have con- of nations; sidered adoption, a majority of Americans relating to the resolutions be printed (4) notes that continued reforms in have misperceptions about the process of in the RECORD. Moldova could provide for an additional adopting children from foster care and the The PRESIDING OFFICER. Without basis for the repeal of the Jackson-Vanik children who are eligible for adoption; objection, it is so ordered. trade restrictions;

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S8108 CONGRESSIONAL RECORD — SENATE November 18, 2010 (5) encourages ongoing negotiations be- cessful alignment of special and general edu- years in 1973 to the mid to late 40s in 2010; tween the European Union and the Republic cation systems; and of Moldova concerning visa liberalization Whereas IDEA has increased the quality of Whereas the National Institutes of Health and an Association Agreement; research in effective teaching practices for sponsored a symposium on November 16 and (6) urges fulfillment by the Government of students with disabilities; and 17, 2010, to commemorate the 100th anniver- Moldova of commitments it has made to the Whereas IDEA continues to serve as the sary of Dr. James Herrick’s initial descrip- OSCE with respect to the free and fair con- framework to marshal the resources of this tion of sickle cell disease: Now, therefore, be duct of its upcoming parliamentary elec- Nation to implement the promise of full par- it tions; and ticipation in society of children with disabil- Resolved, That the Senate— (7) expresses the belief that the free and ities: Now, therefore, be it (1) recognizes the contributions of the bio- fair conduct of parliamentary elections in Resolved, That the Senate— medical research community to the improve- Moldova will contribute to a strong and sta- (1) recognizes the 35th anniversary of the ment in diagnosis and treatment of sickle ble government that is responsive to the enactment of the Education for All Handi- cell disease; and vital needs of its people. capped Children Act of 1975 (Public Law 94– (2) commemorates the 100th anniversary of 142); the discovery of sickle cell disease in Novem- S. RES. 684 (2) acknowledges the many and varied con- ber 1910. Whereas the Education for All Handi- tributions of children with disabilities and f capped Children Act of 1975 (Public Law 94– their parents, teachers, related services per- 142) was signed into law 35 years ago on No- sonnel, and administrators; and MEASURE READ THE FIRST vember 29; (3) reaffirms its support for the Individuals TIME—S. 3975 Whereas the Education for All Handi- with Disabilities Education Act so that all Mr. REID. Mr. President, I am told children with disabilities have access to a capped Children Act of 1975 established the there is a bill at the desk, and I ask for Federal policy of ensuring that all children, free appropriate public education in the least restrictive environment and the opportunity its first reading. regardless of the nature or severity of their The PRESIDING OFFICER. The disability, have available to them a free ap- to benefit from the general education cur- clerk will report the bill by title. propriate public education in the least re- riculum and be prepared for further edu- strictive environment; cation, employment, and independent living. The legislative clerk read as follows: Whereas the Education of the Handicapped S. RES. 685 A bill (S. 3975) to permanently extend the Act (Public Law 91–230), as amended by the Whereas sickle cell disease is an inherited 2001 and 2003 tax relief provisions, and to per- Education for All Handicapped Children Act disorder that affects red blood cells leading manently repeal the estate tax, and to pro- of 1975, was further amended by the Edu- to significant morbidity and mortality in vide permanent alternative minimum tax re- cation of the Handicapped Act Amendments nearly 80,000 people in the United States; lief, and for other purposes. of 1986 (Public Law 99-457) to create a pre- Whereas sickle cell disease causes blockage Mr. REID. Mr. President, I now ask school grant program for children with dis- of small blood vessels which can lead to tis- for its second reading, and in order to abilities 3 to 5 years of age and an early sue damage resulting in severe pain, infec- place the bill on the calendar under the intervention program for infants and tod- tion, or stroke; provisions of rule XIV, I object to my dlers with disabilities from birth through Whereas scientific breakthroughs over the own request. age 2; past century have improved the lives of mil- Whereas the Education of the Handicapped lions of people suffering from sickle cell dis- The PRESIDING OFFICER. Objec- Act Amendments of 1990 (Public Law 101–476) ease; tion is heard. The bill will be read the renamed the Education of the Handicapped Whereas scientific advances in treatment second time on the next legislative Act as the Individuals with Disabilities Edu- for sickle cell disease began with Dr. James day. cation Act (IDEA) (20 U.S.C. 1400 et seq.); B. Herrick, an attending physician at Pres- f Whereas IDEA was amended by the Indi- byterian Hospital and professor of medicine viduals with Disabilities Education Act at Rush Medical College in Chicago, Illinois, PROVIDING FOR A CONDITIONAL Amendments of 1997 (Public Law 105–17) to who discovered sickle cell disease and pub- ADJOURNMENT OF THE HOUSE ensure that children with disabilities have lished the first recorded case in Western OF REPRESENTATIVES AND A equal access to, and make progress in, the medical literature in November of 1910 in the CONDITIONAL RECESS OR AD- general education curriculum and are in- journal Annals of Internal Medicine; JOURNMENT OF THE SENATE cluded in all general State and district-wide Whereas the hemoglobin mutation respon- assessment programs; sible for sickle cell disease was discovered by Mr. REID. Mr. President, I ask unan- Whereas IDEA was amended by the Indi- Linus Pauling in 1950; imous consent that we now proceed to viduals with Disabilities Education Improve- Whereas penicillin was proven to be effec- H. Con. Res. 332, which is an adjourn- ment Act of 2004 (Public Law 108–446) to en- tive as a preventative strategy against pneu- ment resolution, which was received sure that all children with disabilities have mococcal infection in 1986, sparing patients from the House and is at the desk. available to them a free appropriate public with sickle cell disease from contracting this The PRESIDING OFFICER. The education that emphasizes special education particularly dangerous infection; clerk will report the concurrent resolu- and related services designed to meet their Whereas in 1995, the National Heart, Lung, tion by title. individual needs and prepare them for fur- and Blood Institute reported the first effec- ther education, employment, and inde- tive drug treatment for adults with severe The legislative clerk read as follows: pendent living; sickle cell disease; A concurrent resolution (H. Con. Res. 332) Whereas IDEA currently serves an esti- Whereas the anticancer drug hydroxyurea providing for a conditional adjournment of mated 342,000 infants and toddlers, 709,000 was found to reduce the frequency of painful the House of Representatives and a condi- preschoolers, and 5,890,000 children 6 to 21 crises of sickle cell disease and patients tak- tional recess or adjournment of the Senate. years of age; ing the drug needed fewer blood transfusions; There being no objection, the Senate Whereas IDEA has opened neighborhood Whereas in 1996, bone marrow transplan- proceeded to consider the concurrent schools to students with disabilities and in- tation was discovered to improve the course resolution. creased the number of children living in of sickle cell disease for select patients; Mr. REID. Mr. President, first I their communities instead of institutions; Whereas in 1997, blood transfusions were would like to express my appreciation Whereas the academic achievement of stu- found to help prevent stroke in patients with dents with disabilities has significantly in- sickle cell disease; to the Presiding Officer for his pa- creased since the enactment of IDEA; Whereas the introduction of pneumococcal tience. Whereas the number of children with dis- vaccine in 2000 revolutionized the prevention The PRESIDING OFFICER. Abso- abilities who complete high school with a of lethal infections in children and adults lutely. standard diploma has grown significantly with sickle cell disease; Mr. REID. I ask unanimous consent since the enactment of IDEA; Whereas the first mouse model dem- that the concurrent resolution be Whereas the number of children with dis- onstrating the usefulness of genetic therapy agreed to and the motion to reconsider abilities who enroll in institutions of higher for sickle cell disease was developed in 2001; be laid upon the table. education has more than tripled since the Whereas in 2007, scientists from the Uni- The PRESIDING OFFICER. Without enactment of IDEA; versity of Alabama at Birmingham and the objection, it is so ordered. Whereas IDEA requires partnership among Massachusetts Institute of Technology de- The concurrent resolution (H. Con. parents of children with disabilities and edu- veloped an animal model for curing sickle cation professionals in the design and imple- cell disease; Res. 332) was agreed to, as follows: mentation of the educational services pro- Whereas improvements in treatments have H. CON. RES. 332 vided to children with disabilities; substantially improved quality of life for pa- Resolved by the House of Representatives (the Whereas the achievement of students with tients with sickle cell disease and led to an Senate concurring), That when the House ad- disabilities is integrally linked with the suc- increase in overall life expectancy from 14 journs on the legislative day of Thursday,

VerDate Mar 15 2010 00:27 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S18NO0.REC S18NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — SENATE S8109 November 18, 2010, or Friday, November 19, To be lieutenant commander RYAN T. MURPHY MICHAEL A. NALLI 2010, on a motion offered pursuant to this JOSEPH B. ABEYTA RICHARD T. NAMENIUK concurrent resolution by its Majority Leader MARC H. AKUS MARK R. NEELAND or his designee, it stand adjourned until 2 NATHAN W. ALLEN DION K. NICELY RYAN J. ALLEN JUSTIN W. NOGGLE p.m. on Monday, November 29, 2010, or until CHRISTOPHER M. ARMSTRONG JAMES M. O’MARA the time of any reassembly pursuant to sec- CHARLES L. BANKS ROGER E. OMENHISER tion 2 of this concurrent resolution, which- JON T. BARTEL ANDREA J. PARKER ANN M. BASSOLINO JOSEPH B. PARKER ever occurs first; and that when the Senate ANDREW J. BEHNKE STACIA F. PARROTT recesses or adjourns on any day from Thurs- MICHAEL A. BENSON CHRISTOPHER M. PASCIUTO day, November 18, 2010, through Sunday, No- ROBERT J. BERRY CHESTER A. PASSIC FRED S. BERTSCH JEFFREY L. PAYNE vember 21, 2010, on a motion offered pursuant JOSHUA N. BLOCKER MICHAEL T. PEARSON to this concurrent resolution by its Majority RUBEN E. BOUDREAUX JAMES H. PERSHING Leader or his designee, it stand recessed or KEVIN C. BOYD CATHERINE A. PHILLIPS adjourned until noon on Monday, November VALERIE A. BOYD RUSSELL T. PICKERING JEFFREY A. BREWER KENNETH B. POOLE 29, 2010, or such other time on that day as CHAD R. BRICK JORGE PORTO may be specified in the motion to recess or BRYAN J. BURKHALTER MARK B. POTOTSCHNIK adjourn, or until the time of any reassembly JESSICA M. BYLSMA DAWN N. PREBULA JOSEPH G. CALLAGHAN KEITH D. PUZDER pursuant to section 2 of this concurrent reso- IAN L. CALLANDER LINEKA N. QUIJANO lution, whichever occurs first. BRIAN R. CARROLL AMANDA M. RAMASSINI SEC. 2. The Speaker of the House and the PAUL R. CASEY LISA M. RICE ERIC M. CASPER ROBB M. ROBLE Majority Leader of the Senate, or their re- JACOB L. CASS KEVIN ROCKS spective designees, acting jointly after con- STEVEN J. CHARNON PEYTON H. RUSSELL sultation with the Minority Leader of the RYAN M. CHEVALIER PAUL C. RUSSO MICHAEL P. CHIEN DENNIS M. RYAN House and the Minority Leader of the Sen- THOMAS J. COMBS JAN A. RYBKA ate, shall notify the Members of the House MICHAEL N. COST PAUL SALERNO and the Senate, respectively, to reassemble JUSTIN K. COVERT RACHELLE N. SAMUEL MARK W. CRYSLER DANIEL L. SATTERFIELD at such place and time as they may des- MELISSA J. CURRAN KEVIN B. SAUNDERS ignate if, in their opinion, the public interest HAYES C. DAVIS BENJAMIN J. SCHLUCKEBIER shall warrant it. CALLIE DEWEESE TIMOTHY L. SCHMITZ MICHAEL S. DIPACE TAZ L. SEARS f MATTHEW D. DOORIS BROOK W. SHERMAN CHRISTOPHER DOUGLAS ALLYSON M. SHULER ORDERS FOR FRIDAY, NOVEMBER KEITH M. DOXEY LAURA J. SMOLINSKI KEVIN F. DUFFY JOAN SNAITH 19, 2010 SAMUEL Z. EDWARDS IAN M. STAL Mr. REID. Mr. President, I ask unan- JAMIE M. EMBRY ROBIN R. STOTZ TODD L. EMERSON JESSICA R. STYRON imous consent that when the Senate DANIEL J. EVERETTE BRANDON J. SULLIVAN completes its business today, it ad- JEFFREY P. FERLAUTO WILLIAM E. TAYLOR ROBERT M. FISHER JAMES K. TERRELL journ until 10:30 a.m. tomorrow; that JOSHUA FITZGERALD EMILY L. THARP following the prayer and pledge, the FRANK J. FLORIO LAWERENCE W. TINSTMAN ZACHARY R. FORD DEVIN L. TOWNSEND Journal of proceedings be approved to MATTHEW P. FRAZEE MICHAEL A. VENTURELLA date, the morning hour be deemed ex- GEORGE O. FULENWIDER MATTHEW J. WALKER PATRICK J. GALLAGHER WILLIAM R. WALKER pired, the time for the two leaders be PATRICK J. GALLAGHER SARA A. WALLACE reserved for their use later in the day, ELISA M. GARRITY CHESTER K. WARREN JAMES C. GATZ RODNEY P. WERT and the Senate proceed to a period of ROBERT H. GOMEZ SCOTTI O. WHALEY morning business, with Senators per- JOHN A. GOSHORN CHRISTOPHER A. WHITE ANDREW P. GRANT SCOTT C. WHITE mitted to speak for up to 10 minutes BROOKE E. GRANT BARBARA WILK each. NAVIN L. GRIFFIN WILLIAM B. WINBURN STEVEN M. GRIFFIN TRACY L. WIRTH The PRESIDING OFFICER. Without RICHARD O. GUNAGAN CHRISTOPHER L. WRIGHT objection, it is so ordered. GREGORY M. HAAS DAVID J. YADRICK JEREMY M. HALL DAVID K. YOUNG f RUSSELL S. HALL JASON K. HAMBY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PROGRAM BYRON H. HAYES TO THE GRADE INDICATED IN THE UNITED STATES MICHAEL J. HEGEDUS COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: Mr. REID. Mr. President, there will KENNETH A. HETTLER To be commander be no rollcall votes during tomorrow’s RICK R. HIPES ANDREW J. HOAG STEPHEN ADLER session. The next vote will occur at ap- MORGAN T. HOLDEN RYAN D. ALLAIN proximately 6:30 p.m. on Monday, No- LAURA K. HOLVECK EUGENIO S. ANZANO WHITNEY H. HOUCK JEFF M. APARICIO vember 29. GREGORY A. HOUGHTON OCTAVIA D. ASHBURN SAMUEL J. HUDSON CLIFFORD R. BAMBACH f STEPHANIE K. HURST JOHN F. BARRESI NICOLAS A. JARBOE CHRISTOPHER M. BARROWS ADJOURNMENT UNTIL 10:30 A.M. MAX M. JENNY JASON L. BEATTY TOMORROW KHRISTOPHER D. JOHNS PETER L. BEAVIS DAVID F. JOHNSON SCOTT D. BENSON Mr. REID. Mr. President, if there is MAUREEN D. JOHNSON BENJAMIN D. BERG no further business to come before the MATTHEW N. JONES JAMES R. BETZ MICHAEL A. KARNATH JEFFREY B. BIPPERT Senate, I ask unanimous consent that KEVIN A. KEENAN DANIEL P. BISHOP we adjourn under the previous order. BRENT G. KENNY JOHN R. BITTERMAN CHARLOTTE A. KEOGH MARK A. BOTTIGLIERI There being no objection, the Senate, KENNETH M. KEYSER RUSSELL E. BOWMAN at 10:06 p.m., adjourned until Friday, SCOTT R. KIRKLAND THOMAS L. BOYLES AJA L. KIRKSEY JOHN M. BRANCH November 19, 2010, at 10:30 a.m. JOHN P. KOUSCH PAUL BROOKS DAVID J. KOWALCZYK BRUCE C. BROWN f KEVIN M. KURCZEWSKI SUZANNE M. BROWN CRAIG S. LAWRANCE JOHN M. BURNS NOMINATIONS MARK LANIER LAY MARIE B. BYRD Executive nominations received by KRISTINA L. LEWIS JAMES D. CANNON THOMAS S. LOWRY FLIP P. CAPISTRANO the Senate: COLIN B. MACINNES DARREN J. CAPRARA FOREIGN SERVICE HECTOR L. MALDONADO JAY CAPUTO PAUL J. MANGINI CLINTON S. CARLSON THE FOLLOWING-NAMED CAREER MEMBERS OF THE JOHN A. MARTIN PETER R. CARROLL SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER, RYAN P. MATSON ERIC P. CARTER FOR THE PERSONAL RANK OF CAREER AMBASSADOR IN JOSEPH W. MATTHEWS TRAVIS L. CARTER RECOGNITION OF ESPECIALLY DISTINGUISHED SERVICE BLAKE A. MCKINNEY ANTHONY CELLA OVER A SUSTAINED PERIOD: JAMES D. MCMANUS JOHN D. COLE BRAD M. MCNALLY ERIC M. COOPER JAMES FRANKLIN JEFFREY, OF VIRGINIA JOSEPH W. MCPHERSON JOHN P. DEBOK NANCY J. POWELL, OF IOWA JOHN M. MCTAMNEY MARYELLEN J. DURLEY EARL A. WAYNE, OF MARYLAND JOHNNIE F. MESSER WILLIAM G. DWYER IN THE COAST GUARD FRANCISCO L. MONTALVO MICHAEL J. ENNIS MARC J. MONTEMERLO STEPHEN J. FABIAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEAH F. MOONEY BRIAN D. FALK TO THE GRADE INDICATED IN THE UNITED STATES KENNETH R. MORTON MICHAEL A. FAZIO COAST GUARD UNDER TITLE 14, U.S.C. SECTION 271: MATTHEW A. MOYER ROSEMARY P. FIRESTINE

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TRIBUTE TO BERT DORAN After three days of fighting, Doran was in ‘‘They told me right before the surgery a foxhole with two other men when a mortar that a lot of them don’t live through the sur- shell hit. gery, so that didn’t sound very good,’’ he HON. TOM LATHAM ‘‘It killed the one guy,’’ he said. ‘‘I don’t said. OF IOWA know what happened to the other one. I A lot of people don’t live through the sur- IN THE HOUSE OF REPRESENTATIVES probably was temporarily knocked out, and gery, but even fewer survive a mortar shell then I pushed up through . . . The guys from landing in their foxhole. Doran went through Thursday, November 18, 2010 the next foxhole came out and pulled me out, the 111⁄2 hour surgery 25 years ago without Mr. LATHAM. Madam Speaker, I rise to rec- put a tourniquet on my arm. Then I was car- problems. After all, having survived Iwo ognize Bert Doran, a World War II Marine ried out of there.’’ Jima, cancer is just another challenge to Corps veteran from Boone, Iowa, and to ex- The soil at Iwo Jima was composed nearly overcome. Now, looking back on his time in the serv- press my appreciation for his dedication and entirely of volcanic ash. ‘‘That’s what that whole island was,’’ ice, Doran vividly recalls stories of his serv- commitment to his country. Doran said. ‘‘My face was completely full of ice with sharp clarity. He claims that the The Boone News Republican is currently it.’’ military taught him discipline, and he’s running a series of articles that honors one Details are fuzzy for Doran, as he was on proud of joining a legacy of military service Boone County veteran every Tuesday from morphine at the time, but he remembers in his family—having had a brother, John F. Memorial Day to Veterans Day. Bert Doran being shipped out on a hospital ship, sent to Doran, fight in the Battle of the Bulge and was recognized on Tuesday, October 26. Saipan, and then flown to the Hawaiian is- his father serve in the Army during World Below is the article in its entirety: lands. War I. From there, after a month, he was sent to These days, Doran said, the military is dif- BOONE COUNTY VETERANS: BERT DORAN a hospital in Oakland, Calif., and finally to ferent. Soldiers now use technologically ad- (By Greg Eckstrom) the Philadelphia Naval Hospital, where he vanced weapons. The soldiers that are fight- ‘‘I was lucky I lived.’’ stayed for 11 months. ing, however, don’t seem to have changed The sentence came from Bert Doran, a Ma- ‘‘It was kind of a blur after I was wound- much. Ellis has a son that just joined the rine Corps veteran who served in World War ed,’’ he said. Marine Corps. When he was seen off, in addi- II under harsh fighting. He was injured in The blast had put so much volcanic ash tion to family members, Doran was there as Iwo Jima after three days of fighting in into him that he had lost his eyesight. He well. After all, Marines support each other— which half of his company was killed. Doran, said that at first, he could see a little light, both in WWII and today. however, isn’t exactly one to go down with- but after a surgery was attempted to correct ‘‘He wished my son good luck,’’ Ellis said. out a fight. his vision, he could see nothing. ‘‘They always talk about the Marines.’’ It’s that spirit that drove the 191⁄2 year old ‘‘They said my eyes were so full of that I commend Bert Doran for his many years who was born in South Dakota and moved to volcanic ash that they couldn’t see into of loyalty and service to our great Nation. It is them,’’ he said. ‘‘That’s the first thing I re- Boone at age 7 to join the military. Some an immense honor to represent him in the guys he knew said they were going to do it, membered at the hospital. One of their help and Doran decided he wanted to do it, too. was rubbing my face. Trying to get that ash United States Congress, and I wish him all the The reason he picked the Marine Corps as his out. I imagine it looked like a mask.’’ best in his future endeavors. branch of choice was a decision explained For the man that got through boot camp f just as easily. with grit and determination, however, his ‘‘It’s supposed to be an elite outfit, so it’s lost vision didn’t seem to slow him down. In RECOGNIZING THE 25TH ANNIVER- what I picked,’’ he said. his time at the hospital he learned Braille, SARY OF CHAPTER 227 OF VIET- United States Marine Corps, third division, and even took a trip up to New York City NAM VETERANS OF AMERICA ninth regiment, third battalion, K company with a group. was where Doran ended up, and after signing ‘‘They took us from there for a week up to up he was sent to California for boot camp. New York to the Institute for the Blind in HON. GERALD E. CONNOLLY Boot camp was in San Diego, followed by New York City, and we were there for a OF VIRGINIA training at a portion of Camp Pendleton up week,’’ he said. ‘‘And they took us out to the IN THE HOUSE OF REPRESENTATIVES in the hills, ‘‘where all the snakes were,’’ big night clubs at night for eats and drinks. Thursday, November 18, 2010 Doran said. We met Guy Lombardo at the Roosevelt Boot camp was, as a bit of an understate- Hotel.’’ Mr. CONNOLLY of Virginia. Madam Speak- ment, tough. He also married his wife, who was from er, it is my great honor to recognize the 25th ‘‘Boot camp was some of the toughest Ogden, during a furlough. When he went Anniversary of Vietnam Veterans of America training,’’ he said. ‘‘It was 8 weeks, and I had back to Philadelphia Naval Hospital, his wife Chapter 227. Founded in 1978, Vietnam Vet- to stay an extra two weeks because I came with him and got a job at the facility. erans of America, VVA, is the only national couldn’t swim.’’ It was at the hospital that Doran was pre- veterans organization exclusively dedicated to Tough was also a definition, also an under- sented with the Purple Heart for his service statement, that fit Doran, though. to his country. Vietnam-era veterans and their families. Cur- ‘‘I decided I was going to make it through After being discharged from the service, rently, there are 46 state councils and 630 it, so I did,’’ he said. ‘‘I lost a lot of weight Doran received training at the Veterans Hos- local chapters with more than 50,000 indi- after I went through boot camp.’’ pital in Des Moines on how to make rugs—a vidual members. VVA’s goals are to promote Leaving Camp Pendleton, Doran was next task he picked up quickly and enjoyed for and support issues that are important to Viet- sent overseas to Guam for further training. years. nam veterans, to create a new identity for this ‘‘It was supposed to be secured, but we had ‘‘I made rugs and that kind of stuff for 25 generation of veterans and to change public an eight day push to the jungles to clean out years,’’ he said. ‘‘I’ve got to liking it.’’ perception of Vietnam veterans. what was left,’’ he said. ‘‘It was thick jungle. Doran also keeps in contact with the men We had to use knives to chop through.’’ of K company—sending out Christmas cards One local chapter, VVA Chapter 227, serves There were also plenty of snakes in the to a list that has slowly been dwindling as the needs of Vietnam veterans who live in jungle . . . although after time in the hills in the years go on. These days, he sends out Northern Virginia, and I commend them for Camp Pendleton, Doran was used to this. about 10–12 cards each year to men from the their dedication and commitment to our vet- It was January of 1944 that Doran left company. erans. Chapter 227 was founded in 1985 with Guam. Arriving at Iwo Jima on Feb. 26, 1945, Billie Ellis, who works for Boone County 15 people meeting at the NCO club at Fort he was greeted with fierce fighting. Public Health, helps Doran out at home, and Myer. Since then, the chapter has grown and ‘‘We were actually pinned down,’’ he said. knowing him for 25 years she describes him continues to be an engaged and active asset ‘‘About half the company had been killed. as a perfectionist. We had to wait for replacements. The cap- ‘‘He was a perfectionist and he still is,’’ she in the community. tain was killed the first day, my platoon said. ‘‘He likes everything done right.’’ Chapter services include providing support lieutenant was killed the first day. About 200 Over the years, the ash has been taken to homeless veterans, assisting in maintaining in the company. About half of them were from Doran’s face, although one piece next the Vietnam Veterans Memorial in Wash- killed the first day.’’ to his nose did develop into cancer. ington, DC, awarding the Vince Kaspar Prizes

∑ 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 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K18NO8.001 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1960 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 for Excellence in the Arts to area high school IN RECOGNITION OF ST. This year, she was temporarily promoted to students, and educating its membership and CHRISTOPHER SCHOOL be the public affairs officer for Army Acces- the public about addressing the needs of vet- sions Command where she was responsible erans. It is an inspiration that so many con- HON. DENNIS J. KUCINICH for managing the commanding general’s public tinue to answer the call to serve after the bat- OF OHIO affairs activities throughout the command and within the local Fort Knox region. tle is done; there is no better advocate for vet- IN THE HOUSE OF REPRESENTATIVES erans in need than those who understand the Thursday, November 18, 2010 I ask my colleagues to join me in honoring Connie Shaffery for her commitment to the challenges they face. Mr. KUCINICH. Madam Speaker, I rise U.S. Army, U.S. Army Recruiting Command, The founding principal of Vietnam Veterans today in recognition of the faculty, staff, par- our nation and the Commonwealth of Ken- of America is: ‘‘Never again, will one genera- ents and students of St. Christopher School tucky. for winning the 2010 Blue Ribbon School of tion of Veterans abandon another’’. But in Excellence Award. f many cases, Vietnam veterans were aban- Blue Ribbon Schools is a Department of doned by entire segments of the country. The Education program that honors schools whose CONGRATULATING REVEREND government often failed to provide necessary students have attained an extraordinarily high FAUSTO STAMPIGLIA services, and, tragically, some of the American level of achievement or who regularly over- public wrongly turned their opposition to the come socioeconomic barriers to academic war into disrespect for our brave men and success. Schools are judged according to HON. VERN BUCHANAN women who served in uniform. Instead of re- strict criteria based on test scores and student OF FLORIDA ceiving the honor due all American service demographics. Winners generally maintain a IN THE HOUSE OF REPRESENTATIVES school culture of community involvement, high members, many received scorn. VVA works Thursday, November 18, 2010 tirelessly to right these wrongs. expectations for student achievement, an em- phasis on teaching to the whole child and a Mr. BUCHANAN. Madam Speaker, I want to Madam Speaker, I ask my colleagues to join dedication to developing leadership skills. This take this opportunity today to congratulate me in thanking VVA Chapter 227 and all VVA year, only 304 schools throughout America at- Reverend Fausto Stampiglia of St. Martha’s chapters for their service to their community tained this prestigious award. I am proud to Church in Sarasota, Florida, for receiving the and our nation. Their service is a living re- count St. Christopher School among them. Holy Cross Pro Ecclesia et Pontifice award minder of the sacrifices our service men and St. Christopher School is a Catholic School from the Roman Catholic Church for his out- women make from generation to generation. I in Rocky River, Ohio that strives to develop its standing service to the Church. also ask my colleagues to join me in express- students spiritually, intellectually, and emotion- Translated, the award means for ‘‘Church ing the gratitude and respect of our nation to ally. Students are taught to become healthy, and Pope.’’ It is the highest honor a priest can loving, well-rounded leaders with a lifelong those Vietnam-era veterans who served so receive from the Pope. dedication to learning and to living out Chris- Father Stampiglia was presented the award bravely. I pledge that I will continue working to tian values. protect and improve the services and benefits by Bishop Frank J. Dewane, on behalf of Madam Speaker and colleagues, please join Pope Benedict XVI, who noted his service and so richly deserved by American servicemem- me in congratulating those who have worked dedication to the people of St. Martha’s Parish bers of all generations. hard to make St. Christopher School a nur- and to the Diocese of Venice. turing and academically rigorous institution. Father Stampiglia was installed as pastor of f f St. Martha’s in 1991 and is the head priest of CELEBRATING THE 100 YEARS OF A TRIBUTE TO MRS. CONNIE St. Martha Catholic School. He celebrates SERVICE OF THE WOMEN’S IM- SHAFFERY masses in Vietnamese and the Tridentine Rite PROVEMENT CLUB OF ROSE- and has been a strong supporter of several VILLE HON. BRETT GUTHRIE charitable programs in the Sarasota area. OF KENTUCKY For the Diocese of Venice, he is currently IN THE HOUSE OF REPRESENTATIVES Dean of the Northern Deanery, Director of the HON. TOM McCLINTOCK Permanent Diaconate Office and Board, and Thursday, November 18, 2010 serves on the College of Consultors, Peer Re- OF CALIFORNIA Mr. GUTHRIE. Madam Speaker, I rise today view Committee and School Board, as well as IN THE HOUSE OF REPRESENTATIVES to honor Mrs. Connie Shaffery, who has dedi- an ex-officio member of the Presbyteral Coun- cated herself to the United States and the cil. Thursday, November 18, 2010 Commonwealth of Kentucky. On behalf of the many individuals and fami- Connie has proven herself to be an excep- lies he has faithfully served within Florida’s Mr. MCCLINTOCK. Madam Speaker, I rise tional communicator and representative for the 13th District, I thank Father Stampiglia for his today to recognize the Women’s Improvement United States Army and Fort Knox. Connie will service to his church and community. Club of Roseville. Since its foundation in 1910, retire after 28 years of devoted service. It is with great pleasure that I acknowledge the Club has been a community service orga- Connie graduated from Pennsylvania State he has rightfully received this prestigious nization benefiting the City of Roseville and University with a BA in Communication and award. surrounding areas. The clubs numerous con- continued her education, graduating from the Defense Information School’s Public Affairs tributions to our community have included the f founding of the city’s first library, developing Officers’ Course. Connie began working in Army Public Af- PERSONAL EXPLANATION Woodbridge Park, contributing annually to the fairs at the Philadelphia Recruiting Battalion in restoration of the El Dorado and Tahoe Na- 1987. She moved to the Baltimore Recruiting tional Forests, spearheading several edu- Battalion in 1990 to accept a position as their HON. BRUCE L. BRALEY cational and arts programs and providing in- chief of advertising and public affairs. Because OF IOWA valuable support to area veterans and service of her proven skills and leadership, Connie IN THE HOUSE OF REPRESENTATIVES members. Furthermore, the Club’s members was promoted in 1993 to a position with the Thursday, November 18, 2010 contribute invaluable time and resources to Military District of Washington as their commu- community events, as well as to local and nity relations officer. Mr. BRALEY of Iowa. Madam Speaker, I international charities. A move to Fort Knox, Ky., led to a position missed votes on Wednesday, November 17, as the chief of advertising and public affairs 2010 visiting a constituent at the National Madam Speaker, it is without doubt that our for the 3rd Recruiting Brigade, overseeing ac- Naval Medical Center in Bethesda, MD. If I community is a better place today as a result tivities in seven recruiting battalions through- were present, I would have voted: of the constant dedication of the Women’s Im- out the north central states. In 2003, she was ‘‘Yea’’ on rollcall 572, On Agreeing to the provement Club of Roseville. I am proud to promoted to be the Army Armor Center and Resolution, H. Res. 332—Providing for the recognize and thank the Club for a century of Fort Knox public affairs officer, a position she House to adjourn for the Thanksgiving District service. held for over seven years. Work Period.

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Madam Speaker, I would like to would tell her mother she was going to the li- Museum, among other personal items she do- congratulate the citizens of Turkey and Turk- brary, but instead she would go to the State- nated was a pair of red loafers she had worn ish Americans on the 87th anniversary of the house in Trenton and watch the proceedings in 1968 while demonstrating in the rain and proclamation of the Republic of Turkey on Oc- of the New Jersey Assembly from the balcony. mud at the Poor People’s Campaign com- tober 29, 1923. This is one of the most impor- Despite getting in trouble for that fib, she per- memorating Martin Luther King, Jr. The shoes tant dates in Turkey’s history. And it is equally sisted in her efforts to learn and to lead. still bore the mud from that day. ‘‘I put them meaningful to the United States as it formed When she was 13, movie theaters in Tren- in a box [and] never pulled them out,’’ she the cornerstone which enabled Turkey to be- ton were still segregated. Black moviegoers— said ‘‘but I saved them because to me they come a strategic partner and close NATO ally. like Edith—were required to sit in the balcony. were part of a historical situation.’’ After the 600 year old Ottoman Empire dis- But she went to the theater with several I am proud to say Edith Savage-Jennings integrated, Mustafa Kemal, also known as the friends, including future Mayor of New York, has been a resident of Trenton since the age George Washington of Turkey, led a three David Dinkins, and they sat downstairs. When of 2. At the mass in her honor after her induc- year war of independence. This culminated asked to move to the balcony, they refused. tion into the National Civil Rights Museum she with the newly founded parliament formally And she’s been making history quietly, but said ‘‘I want people to know that no one does abolishing the Sultanate, on November 1, forcefully, ever since. this alone.’’ Even so, the particular manner, 1922, thus ending 723 years of Ottoman rule. Whatever road the civil rights struggle took the quiet resoluteness, and the tide of con- The Treaty of Lausanne of July 24, 1923, led her down, she did her best. In 1963, she was tributions of some simply stand out. Edith Sav- to the international recognition of the sov- one of six woman asked by President Ken- age-Jennings is one such person. nedy and Attorney General Robert Kennedy to ereignty of the newly established ‘‘Republic of f Turkey’’ as the successor state of the Ottoman ferret out particular areas of unrest in the Empire. struggle to desegregate schools in Mississippi. TRIBUTE TO DEAN BRILEY Following considerable debate and discus- She became one of the ‘‘Wednesdays sion, the Turkish Parliament proclaimed the Women,’’ who travelled in interracial teams to HON. TOM LATHAM Republic on the evening of October 29, 1923. Mississippi in 1964 to advance the cause of OF IOWA desegregation through what you might call Fifteen minutes after the Parliamentary procla- IN THE HOUSE OF REPRESENTATIVES mation, Mustafa Kemal (later known as white-glove diplomacy. Accompanied by Helen Atatu¨rk), was elected President of the Repub- Meyner, wife of New Jersey Governor Bob Thursday, November 18, 2010 lic. This historic decision was marked by a 101 Meyner, they landed in Mississippi, only to be Mr. LATHAM. Madam Speaker, I rise to rec- gun salute. The significance of the event was greeted by white men spitting on the floor in ognize Dean Briley, a World War II Navy vet- also noted by Atatu¨rk, who stated that, ‘‘the front of them. ‘‘They’d never seen a black eran from Boone, Iowa, and to express my ap- proclamation of the Republic was enthusiasti- woman and a white woman travelling to- preciation for his dedication and commitment cally received by the nation. This enthusiasm gether,’’ she said. to his country. was manifested everywhere by brilliant dem- They continued on. On Wednesdays, they The Boone News Republican is currently onstrations.’’ would bring supplies to rural communities on running a series of articles that honors one Turkey’s economy has grown at an impres- the front lines of the struggle to end segrega- Boone County veteran every Tuesday from sive rate, and the country is now a member of tion. On Thursdays, dressed in heels, pearls Memorial Day to Veterans Day. Dean Briley the G–20, a European Union candidate, and and white gloves, they would meet white and was recognized on Tuesday, October 19. an active and important player in various inter- black women for tea and cookies to discuss Below is the article in its entirety: national organizations. Turkey and the U.S. peaceful ways to desegregate the elementary BOONE COUNTY VETERANS: DEAN BRILEY schools and to resolve the white women’s sus- have been close friends, partners and allies (By Greg Eckstrom) for many decades. However, the Turkish- picions about the Civil Rights Movement. On this visit, as Mrs. Meyner introduced herself, Military service for the Briley family was American relationship goes beyond a simple a family affair. bilateral friendship. Rather it has become a she shook everyone’s hand. In another quiet Dean Briley, a Boone County native, along strategic partnership based on shared values, act of rebellion, Edith took off her white glove, with his three brothers, all found themselves interests and ideals. U.S.-Turkish cooperation and the women wouldn’t shake her hand. But serving their country overseas during WWII, extends across a wide range of issues, includ- the schools were desegregated. although each stationed in different areas. ing combating terrorism, promoting economic Over the years, she has been praised and For Briley, with the war already raging, he trade and energy security, fostering peace and followed for her leadership skills and prowess. enlisted in the United States Navy in 1942 as a petty officer third class. He was sworn-in stability in Afghanistan and Iraq, and advanc- She was introduced to Martin Luther King, Jr., in 1957 at a rally in Trenton because, the min- in Des Moines and was sent to Boot Camp at ing principles of democracy and freedom Great Lakes, Ill., near Chicago. Boot camp in throughout the globe. ister at Shiloh Baptist Church said at the time, the winter in the Midwest was, to say the I hope my colleagues will join me in con- she’s ‘‘a great fundraiser.’’ She became a life- least, a bit chilly. gratulating Turkish Americans and the Turkish long friend of the Kings. In 1964, she accom- ‘‘It was cold,’’ Briley said flatly. ‘‘We public on this important occasion. panied Fannie Lou Hamer onto the floor of the didn’t have any hot water. We were in a new Democratic National Convention, where she barracks, and they hadn’t gotten hot water f delivered her famous ‘‘I’m sick and tired of to it yet, so we shaved and everything in EDITH SAVAGE-JENNINGS being sick and tired’’ speech. She has visited cold water.’’ the White House under five different Presi- Following boot camp, Briley and his wife were sent to Arlington, Va., where they HON. RUSH D. HOLT dents. She was close friends with Rosa Parks, didn’t have a place to stay, but had jobs. OF NEW JERSEY and brought her and many other civil rights ‘‘The first place I went to was in Wash- IN THE HOUSE OF REPRESENTATIVES leaders to Trenton. She’s been a member of ington D.C. at the Bureau of Naval Per- the NAACP for life, and won more than 80 sonnel, supervising naval and civilian per- Thursday, November 18, 2010 awards for her selfless, tireless work. In 2005, sonnel,’’ Briley said. ‘‘When we went, they Mr. HOLT. Madam Speaker, I rise today to her name was added to the Wall of Tolerance didn’t have a place for us, so we had to find commend Edith Savage-Jennings, a paragon in Montgomery, Alabama, to honor her 50 our own lodging. I guess the first couple of of the Civil Rights Movement whose accom- years of civil rights service. Last year, she was nights we stayed in the Red Cross place until we found a place to live. We were figuring of- plishments on behalf of the movement are sur- inducted into the National Civil Rights Mu- ficers’ longevity pay. I was there a year and passed only by her humility about them. ‘‘It seum, located at the hotel in Memphis where a half. My wife was with me then. She was just the work that was called for,’’ she has King was assassinated, and the National Park worked in the Navy Department. In Arling- said. As I understand, she is currently working Service Archives for Black Women’s History in ton, same place I did. We lived in Wash- on a book to be entitled ‘‘Behind Closed Washington DC. ington, D.C.’’

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.003 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1962 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 From there, Briley went through amphib- CONDEMNING BURMESE REGIME’S of letters be included in the CONGRESSIONAL ious training and was assigned to LC1 Flo- UNDEMOCRATIC ELECTIONS RECORD. tilla 28 staff. The flotilla consisted of 28 Sincerely, ships, with Briley stationed on one of the SPEECH OF HOWARD L. BERMAN, smallest. At 150 feet long and only 25 feet Chairman. wide, it was the smallest seagoing vessel HON. DIANE E. WATSON f that could cross the ocean by itself. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES HIGHLIGHTS FROM CAPITOL HILL ‘‘I had never actually seen the ocean until then,’’ Briley said. ‘‘It only drew four feet of Wednesday, November 17, 2010 HON. EMANUEL CLEAVER water, it had a flat bottom and it was like a Ms. WATSON. Mr. Speaker, the following is OF MISSOURI cork out there.’’ an exchange of letters that I would like to sub- IN THE HOUSE OF REPRESENTATIVES The small ship sailed from Norfolk, Va. to mit: Thursday, November 18, 2010 Bizerte, Tunisia in a 150-ship convoy. The CONGRESS OF THE UNITED STATES, trip took 21 days, after detouring for three HOUSE OF REPRESENTATIVES, COM- Mr. CLEAVER. I would like to submit the fol- days to avoid German submarines. MITTEE ON WAYS AND MEANS, lowing article: Washington, DC, November 17, 2010. [From the Lexington News, Nov. 10, 2010] Once the ship arrived on land, Briley said Hon. HOWARD L. BERMAN, EDITORIAL—HIGHLIGHTS FROM CAPITOL HILL they couldn’t have liberty in Bizerte since it Chairman, Committee on Foreign Affairs, (By Joe Aull, State Representative 26th was quarantined with black plague, so the Washington, DC. District) men were given a two-day pass to go to DEAR MR. CHAIRMAN: I am writing you con- An era in political history came to an end Tunis. cerning H. Res. 1677 (‘‘Resolution’’), ‘‘Con- demning the Burmese regime’s undemocratic this past Tuesday when Congressman Skel- ‘‘We met up with a soldier that knew a upcoming elections on November 7, 2010’’. As ton lost his bid for re-election to an 18th family there and he would give them some you know, the Resolution was referred to the term in the United States Congress. rations that included bacon,’’ he said. ‘‘We Committee on Ways and Means based on the I believe that we all owe Congressman stayed the night with them and had bacon Committee’s jurisdiction over international Skelton a huge thank you for exemplary and eggs for breakfast. That was a treat.’’ trade. service for the past 34 year. Ike has worked I appreciate the productive discussions extremely hard and he has been responsible Briley spent 11⁄2 years in the Mediterranean for so many good things that have happened Sea area, with much of the time spent in that we have had on this issue, resulting in our agreement to revise paragraph 9 of the in our area, our state and our country. port. The day-to-day tasks for him included I could say many positive things about my Resolution, which I believe helps to clarify good friend, Ike, but I can think of three primarily making a news sheet for the men. the intent and scope of the Resolution. I ap- issues that really jump out at me. He recalls one particular time, while he preciate your commitment to reflect this First of all, I was always so impressed with agreement in the final Resolution. was in Palermo, that he had a chance to see how well that Ike stayed in contact and in In order to expedite this Resolution for the catacombs. touch with the people in his district. I have floor consideration, the Committee on Ways never seen anyone work any harder and put ‘‘We went down in the catacombs,’’ he said. and Means will forgo action on this Resolu- in any more miles in traveling from city to There were bodies laying right out on tion and will not oppose its consideration on city to meet and listen to the people who he shelves and stuff. I don’t think they show the suspension calendar, based on our under- those anymore.’’ represented. standing that you will reflect our agreement I mentioned the word listen, and I contin- Meanwhile, Briley had no communication in the final Resolution. This is done with the ually saw Ike listening to what was on the with his brothers. In fact, while he was head- understanding between our Committees that minds of his constituents and I believe that ed overseas, one of his brothers was headed the Committee on Ways and Means does not he voted for what he thought was right for waive any future jurisdictional claim over back to the United States with an injury— his people. I always believed that he truly the subject matters contained in the Resolu- one that could have been much worse. cared about the welfare of the folks that he tion. represented and he put that ahead of every- ‘‘He was in a foxhole when a bomb hit This letter also confirms my under- thing else. alongside him and buried him, but his head standing that you will include a copy of your Secondly, I was very impressed with the went into his helmet and then after they letter and this response in the Congressional leadership that Ike provided as Chairman of took care of the wounded up above, they dug Record during consideration of the Resolu- the House Armed Services Committee. I him out and he ended up with just some back tion on the House floor. don’t know any Congressman that has been Sincerely, injury,’’ he said. ‘‘They were in on the front more committed to the well being of our SANDER M. LEVIN, line for I think it was over 300 days.’’ service men and women, our veterans and Chairman. military in general. One interesting event for Briley also came I know that Ike has spent much of his free after he and a friend borrowed a Jeep while CONGRESS OF THE UNITED STATES, time abroad visiting first hand with our in Naples and ventured to Rome. Although COMMITTEE ON FOREIGN AFFAIRS, troops and I always felt good knowing that a the two didn’t do much inside the city, they HOUSE OF REPRESENTATIVES, man of his military knowledge and total did go to the Vatican and managed to be in Washington, DC, November 17, 2010. commitment was the head of one of the most the right place at the right time for a chance Hon. SANDER M. LEVIN, important committees in Congress, espe- Chairman, Committee on Ways and Means, meeting with Pope Pius XII. He walked up to cially in time of a difficult war. Washington, DC. Briley, said ‘‘Hello American sailor,’’ and The third and final thing that I would like DEAR MR. CHAIRMAN: Thank you for your to emphasize was the fact that Ike was al- blessed the religious items that Briley had letter regarding H. Res. 1677, ‘‘Condemning ways a true statesman and a positive role been holding. Briley also kissed his ring. the Burmese regime’s undemocratic upcom- model as a Congressman. In a day when you ‘‘It was just luck,’’ he said. ‘‘It was a big ing elections on November 7, 2010.’’ As you hear of legislative scandals and the legisla- room. Then he comes out, just being friend- know, the Resolution was referred to the tors who sell out to a particular interest ly.’’ Committee on Foreign Affairs, in addition to group, I always believed that Ike was honest, the Committees on Ways and Means and the trustworthy and a person with strong char- When Briley returned from Europe, he was Judiciary, for a period to be subsequently de- acter, who always conducted himself admi- on leave before returning to Norfolk, Va. To termined by the Speaker, in each case for rably and in a very professional manner. meet a ship to go through the Panama Canal consideration of such provisions as fall with- He always worked across the aisle with the to the Pacific when the bombs were dropped in the jurisdiction of the committee con- other party, and he was a master of com- on Japan. cerned. promise and this helped him get many things I agree that the Committee on Ways and The news that the war had ended shortly accomplished for the good of his people. Ike Means has certain valid jurisdictional claims was always the kind of person that I admired after brought a different feeling than excite- to this resolution, and I appreciate your de- and trusted, and one who always tried to do ment for Briley. cision to waive further consideration of H. things the right way. ‘‘It was more relief,’’ he said. ‘‘Actually, Res. 1677 in the interest of expediting consid- I could go on and on, but let’s suffice it to it’s more for the family than anything.’’ eration of this important measure. I under- say thank you Ike for all that you have done stand that by agreeing to waive further con- for so many of us, for always going the extra I commend Dean Briley for his many years sideration, the Committee on Ways and mile and for truly caring for those of us of loyalty and service to our great nation. It Means is not waiving its jurisdictional whom you represented. is an immense honor to represent him in the claims over similar measures in the future. I will always be proud to say that you were United States Congress, and I wish him all During consideration of this measure on my Congressman and I am deeply honored to the best in his future endeavors. the House floor, I will ask that this exchange call you my good friend.

VerDate Mar 15 2010 07:28 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K18NO8.002 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1963 TRIBUTE TO DEL PAPA Mountain Elks organization. The Del Papa one gains by being a part of history and the DISTRIBUTING Distributing Company has also participated in stories that come from service. the Keep Texas Beautiful Campaigns. Deuel was sent to Camp Roberts in Cali- HON. RON PAUL The Del Papa Distributing Company is also fornia in 1943, where he was trained for a co-founder of the Galveston Black Heritage desert warfare. He learned how to endure OF TEXASS high temperatures, how to get along with lit- IN THE HOUSE OF REPRESENTATIVES foundation and a supporter of the League of tle water and how to shoot, Deuel said. After United Latin American Citizens, LULAC. The Thursday, November 18, 2010 his training, he was given a short furlough to Del Papa Distributing Company also partners go home and say goodbye to his family be- Mr. PAUL. Madam Speaker, this month Del with Anheuser-Busch to promote responsible fore heading back to the west coast and then Papa Distributing Company is celebrating its consumption of alcoholic beverages through overseas. 100th anniversary. I am pleased to extend my the ‘‘Responsibility Matters’’ program. Deuel remembered well being stationed in congratulations to the owners and employees Madam Speaker, anyone familiar with Del the Guadalcanal Islands and ‘‘distinguishing of the Del Papa Distributing Company. Papa Distributing Company’s history of civic himself,’’ although not in a heroic fashion. The Del Papa Distributing Company origi- involvement should hardly be surprised that Heading home from a movie, he noticed co- nated in 1910 as a wholesaler grocery and the company kicked off its 100th anniversary conuts scattered on the ground around trees, wine business called Celli and Del Papa in and felt the urge to cut one open and have a celebrations with the announcement that it drink. Galveston, Texas. The grocery store was would endow scholarships to 13 community ‘‘I had never seen a coconut tree before in founded by two Italian immigrants, Frank Celli and four-year colleges located through the 17 my life,’’ he said. ‘‘I didn’t know that when and Omro Del Papa, Sr. Misters Celli and Del counties they service. a coconut fell on the ground and laid there Papa ran the business until Mr. Del Papa re- The Del Papa Distributing Company is truly several days or weeks, the milk fermented turned to Italy in 1920. Mr. Del Papa retained a great Texan and American success story and made a soap-like substance. I ended up his business and real estate interests in Gal- and the company’s long history of civic and in the base hospital in Guadalcanal for 10 veston and he returned to Texas in 1930. charitable involvement should serve as inspi- days drinking paregoric. It had a terrible Upon his return, Mr. Del Papa established the ration to all. It is therefore my pleasure to taste to it. After a while, about the third or 0. Del Papa Commission Company, and be- once again extend my congratulations and fourth day, it tasted pretty good.’’ came a distributor for the Anheuser-Busch best wishes to the owners and employees of From Guadalcanal, he went to Munda, New Georgia, where he ‘‘went on a few patrols.’’ company. Since the United States was still the Del Papa Distributing Company on the oc- ‘‘I’m glad I didn’t have to fight anybody, under Prohibition at that time, the Del Papa casion of their 100th anniversary. but that jungle warfare really didn’t appeal Commission Company distributed baker’s f to me,’’ Deuel said. yeast, olive oil, and ginger ale. When prohibi- TRIBUTE TO MILO DEUEL Neither did the late-night wake-ups from tion ended, the Del Papa Distributing Com- Japanese aircraft in the area. pany began distributing beer. In the early ‘‘They had a big air strip in there covered 1960s the company’s name was changed to HON. TOM LATHAM with white coral,’’ he said. ‘‘The Japanese The Del Papa Distributing Company. OF IOWA would send a lone plane around midnight two The Del Papa Distributing Company has al- IN THE HOUSE OF REPRESENTATIVES or three times a week to keep us awake. We ways been a family business. Over the years, Thursday, November 18, 2010 called him ‘Midnight Charlie.’ He’d come all of Mr. Del Papa’s sons have worked in the over, and the anti-aircraft guns would open Mr. LATHAM. Madam Speaker, I rise to rec- business, including the current chairman of the up. They never hit him, but it’d keep us ognize Milo Deuel, a World War II Army vet- awake.’’ board, Lawrence J. Del Papa, Sr., who first eran from Boone, Iowa, and to express my ap- After serving between 6–8 weeks in New worked for the company in 1939 as a delivery preciation for his dedication and commitment Georgia, Deuel was sent to New Zealand, man. Today, Omero Del Papa’s grandson, to his country. which he described as ‘‘a Godsend.’’ Larry Del Papa, Jr., serves as President of the The Boone News Republican is currently ‘‘It was just like going from green hell to company, a position he has held since 1988. running a series of articles that honors one green heaven,’’ he said. ‘‘And they treated us The Del Papa Disturbing Company has Boone County veteran every Tuesday from like kings down there. One of the great come a long way since Frank Celli and Omro treats was to have fresh milk and ice cream, Memorial Day to Veterans Day. Milo Deuel Del Papa opened their small grocery store in which we hadn’t seen for several weeks.’’ was recognized on Tuesday, October 12. Galveston. Today, the company has major dis- It was during Deuel’s four months in New Below is the article in its entirety: tribution centers in Galveston, Beaumont, and Zealand that he found himself moved to regi- Victoria, over 2,700 retail accounts covering BOONE COUNTY VETERANS: MILO DEUEL mental supply—a position that saw him dis- 17 counties, and 350 employees distributing (By Greg Eckstrom) tributing rations to the troops. Pleasing the troops was his job, one that was made easy over 350 beer brands. There is even a street Before going into the service, Milo Deuel had read of a soldier who had been in the when the rations were bigger. named for the company at the intersection of civil war and carried a little Bible with him ‘‘I was really popular then, which wasn’t Business 59 and Del Papa Street in Gal- in his breast pocket. The soldier in the story very often,’’ he joked. veston. had gotten shot with a mini ball, and the He then went to Papua New Guinea, fol- The Del Papa Distributing Company has Bible had ended up saving his life. lowed by a stint in Luzon, where he saw his survived major hurricanes, two world wars, So when Deuel joined the Army Enlisted ‘‘most exciting’’ days of his service in the In- and the 1947 explosion in Texas City, which Reserve Corps while in junior college in Mis- vasion of Luzon on Jan. 9, 1945. is the worst man-made disaster in American souri, and was called to active duty, he Regimental supply was divided into two history. Every time their community has faced brought with him a small book given to him teams, and offloaded from the troop ship in by his Methodist minister, entitled a bay to a landing craft loaded with large a challenge, the owners and employees of Del ‘‘Strength for Service to God and Country.’’ Papa Distributing Company stepped up to help drums that appeared to be filled with gaso- As his service brought him around the world, line. As the fourth or fifth wave to go in on their fellow citizens. Everyone at the Del Papa he chronicled the places he had been on the Jan. 9, Deuel’s unit was shelled out and had Distributing Company takes great pride in their back leaf of the book, serving as a memory to wait. tradition of civic and charitable involvement. for the places he’d gone and the things he’d ‘‘The Japanese had some artillery guns The Del Papa Distributing Company has initi- seen. that were hidden back in the hills, and they Commonly, veterans have a difficult time ated and assisted with many community serv- would let go with those every now and then. recalling experiences from war to non-vet- ice activities from blood drives to military pro- We couldn’t make the beach, so we sat out in erans because it can be a painful experience. the bay all day and then the following day, grams to disaster relief. The Del Papa Distrib- Deuel is similar in this way, however his lit- the 10th, we went in with no problem at all.’’ uting Company also donates to CASA, Chil- tle book provides him reminders with each dren’s Advocacy Center, and The Arts of Vic- neatly-printed location and date on the back It was in Luzon that Deuel said he learned toria, created a GI Joe/GI Jane holiday care leaf. a powerful lesson working with a Filipino crew. package project to support the troops who ‘‘They won’t say a thing about it,’’ Deuel said. ‘‘My wife says I’m the same way, and ‘‘I found there you couldn’t judge a man by must spend the holidays overseas away from his color,’’ he said. ‘‘Whether he was black or their families. The Del Papa Distributing Com- the older I got, the more liberal I got with what I did and what happened. But some brown or white, it was what was in his heart. pany has also been a major contributor to the things that happened I don’t really care to I made some good friends with the Filipino fundraising efforts of numerous wildlife organi- think about or talk about.’’ people.’’ zations such as Ducks Unlimited, Coastal Yet, with the bad comes the good—the ca- Deuel recalls one conversation he had with Conservation Association and the Rocky maraderie amongst soldiers, the experience the head Filipino man he worked with—

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.008 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1964 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 Juan. In the town of Santa Maria, Deuel our friend and ally Turkey. On October 29, HONORING TARPON SPRINGS heard a jazz band marching down the road 1923, the Turkish constitution was amended FUNDAMENTAL ELEMENTARY playing an upbeat song—‘‘Roll Out the Bar- and Turkey officially became a Republic. SCHOOL rel’’—that he had heard from Camp Roberts. As the band came within sight, Deuel saw it During the Presidency of Mustafa Kemal was a funeral procession—escorting the cas- Ataturk, the nation embarked upon a program HON. GUS M. BILIRAKIS kets of a mother and child. Shocked, Deuel of political, economic, and cultural reforms. OF FLORIDA asked Milo why they didn’t play something The nation of Turkey now stands as a mod- IN THE HOUSE OF REPRESENTATIVES more mournful. ern, secular nation-state which has been a ‘‘He said, ‘Milo, think about it. Do you Thursday, November 18, 2010 long time friend to the United States. think that when you die you go to a better Mr. BILIRAKIS. Madam Speaker, I rise place?’ I said, ‘I certainly hope so.’ He says, Turkey’s economy has grown at a record today to honor Tarpon Springs Fundamental ’That’s what we do. We’re happy that they’re pace and literacy and education rates continue Elementary on its 30th Anniversary. While gone out of this d* * * mess that we’re in. to climb. Turkey stands as an inspiration to re- Pinellas County is home to many excellent They’re gone to a better place.’’’ formers in the greater Middle East and Deuel saw promotions quickly in Luzon, schools, Tarpon Springs Fundamental brings a throughout the world. going from a buck private to a staff sergeant special quality of a back-to-basics focus to its in four weeks. He was next sent to Japan for Over the past 87 years, Turkey’s relation- students. six weeks as part of occupation troops after ship with the United States has grown. Turkey The school’s focus emphasizes student re- the war had ended, where he had a chance to has been a partner to the United States in see ‘‘how effective our bombers had been. sponsibility, structure, and academic success. NATO, the United Nations, as well as on the This focus extends to parents as well with There were miles and miles of nothing.’’ War on Terror. Beginning in the bloody Ko- After those six weeks, he received the news. mandatory parental involvement in parent- ‘‘Milo Deuel, pack your duffle, get on the rean War of 1950, Turkish and American teacher conferences and meetings. However, next ship. You’re headed for home,’’ he re- troops have fought side by side for victory their involvement stems much further than called. over communism in The Cold War. Moreover, what is required. Many parents can also be He traveled back home highly decorated. Turkey’s work on human rights and energy se- seen volunteering throughout the campus tu- All in all, he received several awards, includ- curity for Europe should be commended. Tur- toring, mentoring, helping with daily classroom ing a sharpshooter’s badge, a combat infan- key has provided critical humanitarian and try badge, the Bronze Star and a presidential activities, or enjoying lunch with their child. citation medal. Upon arriving home, the big- medical assistance in Afghanistan and in Iraq. Tarpon Springs Fundamental is one of the gest shock was the guy waiting to greet him. We should congratulate the people and the smallest schools in Pinellas County, so in con- ‘‘My greatest surprise coming home, I Government of Turkey for their efforts over the junction with its highly structured curriculum didn’t have a little brother anymore,’’ he past 87 years and we look forward to building model, it fosters a familiar, tight-knit atmos- said. ‘‘That sucker had grown up after four on the current relationship in the future. phere. The staff and families are able to know or five years since I had been home. He was as tall as I was.’’ one another on a personal basis, providing the Deuel remained in contact with many of f foundation for educators and parents to work the men he’d served with. He’d seen strong as a team to promote strong academic skills friendships throughout his service, and a HONORING ROBERT COHEN and values. wide variety of places, as he’d documented in It is truly my honor to recognize Tarpon his little book, which returned home with HON. JARED POLIS Springs Fundamental Elementary School as him. In it, he had filled two of the small they celebrate their 30th anniversary. I look pages in the back of the book—each recount- OF COLORADO ing memories of places he had been and forward to watching the school continue to de- things he had seen. IN THE HOUSE OF REPRESENTATIVES velop generation after generation of young minds with the core principals it has thrived on A good friend from the service he’d lost Thursday, November 18, 2010 contact with entered his mind recently, for so long. prompting Deuel to look him up and write a Mr. POLIS. Madam Speaker, I rise today in f letter to the mayor of the man’s town— recognition of a celebrated filmmaker and Maiden, North Carolina—to inquire about HONORING PAUL KELLEY proud resident of my district, Robert Cohen. him. The mayor responded to let Deuel know the man had passed away, but a letter soon I’ve known Robert for many years and have followed . . . from the man’s daughter. always been impressed by his work as an art- HON. MIKE THOMPSON ‘‘She said, ‘Daddy would never tell me a ist and public servant, and it is an honor to OF CALIFORNIA thing about WWII. Tell me what he did,’ ’’ commemorate him today. IN THE HOUSE OF REPRESENTATIVES Deuel recalled. So Deuel grabbed the book—the one that Robert was born in Philadelphia in 1930 and Thursday, November 18, 2010 had stuck with him all through his service— moved to Los Angeles at the age of 9. After Mr. THOMPSON of California. Madam and flipped it open to the last two pages. graduating from UCLA in 1952, Bob began his Speaker, I rise today with my colleague Con- professional film career as a writer in the U.S. Looking through the dates, the memories gresswoman LYNN WOOLSEY to recognize Paul came flooding back, and he began writing. It Army Signal Corps and a cameraman for Kelley who is retiring after 16 years as a might be difficult for him to talk about his NATO. In early 1956, Bob was honorably dis- member of the Sonoma County Board of Su- service, but he wanted to share with the girl charged from the Army and was able to de- pervisors. Congresswoman WOOLSEY and I what her father had gone through. vote his full energy to a film career that was ‘‘There were good days and bad days,’’ have the distinct privilege of representing Deuel said. ‘‘So I copied a lot of this stuff. already taking off. Sonoma County and both of our tenures in the Each date gave me a remembrance of some- In the 50-plus years since Bob released his House have coincided with Mr. Kelley’s tenure thing that happened to us. So the poor thing first works, including ‘‘Mister Wister the Time on the Board of Supervisors. knows what her daddy did.’’ Twister’’ and ‘‘The Color of Man,’’ Bob has Supervisor Kelley represents the northern I commend Milo Deuel for his many years of filmed, edited, written, produced or contributed most supervisorial district in Sonoma County, loyalty and service to our great nation. It is an to over 20 films, documentaries and television which is home to one of the finest wine grape- immense honor to represent him in the United productions. His work spans the political to the growing and wine-producing regions in the States Congress, and I wish him all the best historical, the local to the international, and he world. His support of agriculture and agri- in his future endeavors. has been celebrated around the world as a culture-related industries is deep seated. He f filmmaker, artist and visionary. grew up on a small farm outside of Santa HONORING TURKEY’S REPUBLIC It is an honor both to serve as Bob’s rep- Rosa and spent his summers as a youth work- DAY resentative in Congress and to call him my ing on neighboring ranches and farms in the friend and colleague. I wish him many more area. As a supervisor, his work included help- accomplishments and know that he will ing to bridge the gap between the water needs HON. JOE WILSON achieve continued success behind the cam- of farmers and fisheries, in supporting meas- OF SOUTH CAROLINA era, in front of the classroom and in the many ures that guaranteed that 22,000 acres in his IN THE HOUSE OF REPRESENTATIVES exciting endeavors that await him as he in- district would be protected under the county’s Thursday, November 18, 2010 spires a new generation to political activism Agricultural Preservation and Open Space Dis- Mr. WILSON of South Carolina. Madam and public service. Thank you, Bob, for your trict acquisitions and encouraging businesses Speaker, I come to the floor today to honor friendship and leadership, and best wishes. and farmers to embrace green technology.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K18NO8.003 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1965 Supervisor Kelley also helped create new While going through basic training in The tour will be sponsored and supported parks and recreational facilities throughout his Washington, Ferry met the woman he would almost entirely by the Chinese government district, including the Boys & Girls Club in later marry . . . a marriage that happened and will include eight concerts in 12 days in prior to Ferry heading overseas for service. Windsor, and renovate existing youth facilities The position that Ferry was assigned to, Shanghai, Beijing, Yantai, and Qindao. in Cloverdale, Healdsburg and Larkfield- however, didn’t lend itself to easing the wor- Known as the ‘‘people’s orchestra,’’ the Wikiup. ries of his new bride’s parents on their American Philharmonic performs free concerts He was the key proponent of returning com- daughter’s husband. at the Wells Fargo Center in Santa Rosa, Cali- mercial air service to the Charles M. Schulz/ ‘‘They put me in a cryptographic section, fornia, in keeping with their mission: ‘‘To make Sonoma County Airport. The regional airport which is decoding and encoding secret mes- the beauty of music and the power of commu- now has daily flights to four western cities. sages,’’ he said. ‘‘The FBI checked out my nity alive and available for everyone.’’ Supervisor Kelley’s special assignments on family, her family and everybody she knew Founded 12 years ago, the American Phil- and everybody they knew. Her folks got to the board included membership on the wondering what was going on.’’ harmonic-Sonoma County has been offering a Sonoma County Transportation Authority, the The background check passed, however, variety of musical performances as an all-vol- North Coast Rail Authority, the Water Agency and Ferry was sent overseas. unteer organization, with both amateur and Committee, the Local Agency Formation Com- ‘‘They got us on a boat, and they made professional musicians, 60 to 75 in all. Accord- mission (Chair), the Eel Russian River Com- MPs out of us,’’ he said. ‘‘We had to be an ing to volunteer cellist Brian Lloyd, ‘‘We give mission (Chair), the Redwood Empire Associa- MP . . . had to work four hours on and four our time and talent out of love for the music tion, the North Coast Air Pollution Control Dis- hours off for seven days a week for 31 days. and belief that the gift of beautiful music is And we ended up in India.’’ trict, the North Coastal Counties Supervisors’ The boat pulled into a harbor with a large nurturing for the community.’’ Association, the Public Policy Facilitating sign supported on two columns, reading The program on the Chinese tour will cele- Committee, the Sonoma County Advertising ‘‘Gateway to India.’’ They had landed in brate our cultural connections by including Program, the Sonoma County Indian Gaming Bombay. American, Chinese, and European music. Local Community Benefit Program and the As- Ferry was put onto a train and traveled for Music Director Gabriel Sakakeeny will lead the sociation of California Water Agencies (Presi- a week until he arrived at his post—a build- orchestra, and featured soloists will be dent). ing that, putting it lightly, was a rather safe Sonoma State University piano professor place to be stationed. Madam Speaker, after 16 years of public ‘‘We went to a building that was inside of Marilyn Thompson and French violinist Solenn service to the people of Sonoma, Paul Kelley a compound that had about a 10 foot wall Seguillon. deserves to enjoy the riches of this new phase around us,’’ he said. ‘‘We worked behind ‘‘This is an incredible opportunity for Amer- of his life as a water and transportation con- locked doors and we had to decode and en- ican Philharmonic.’’ says Maestro Sakakeeny. sultant. We wish him well. code incoming messages and outgoing mes- ‘‘It is such an honor to be invited to perform sages to the headquarters.’’ f in the Carnegie halls of China, and we are The work was interesting, however the cli- looking forward to sharing our music and rep- TRIBUTE TO WILLIAM FERRY mate was hot. Ferry said it took him six months just to get used to the heat. Then resenting our country to the Chinese people. came the monsoons. It’s going to be an amazing tour.’’ HON. TOM LATHAM ‘‘They blew the roof off of our barracks one Madam Speaker, I am proud to honor the OF IOWA night, which was made out of grass,’’ he said. American Philharmonic-Sonoma County on IN THE HOUSE OF REPRESENTATIVES ‘‘I never heard it rain so hard than down the eve of a major tour that will share our local there when that monsoon hit. It really treasure with the people of China. Thursday, November 18, 2010 rained.’’ f Mr. LATHAM. Madam Speaker, I rise to rec- Ferry recalls one night that he was work- ognize William Ferry, a World War II Army vet- ing alone at the compound, decoding a mes- A TRIBUTE TO DR. LESTER eran from Boone, Iowa, and to express my ap- sage that had come in while a general paced CARTER back and forth behind him. Ferry wasn’t preciation for his dedication and commitment sure what he was there for, but he decoded to his country. the message, and watched the general grab it HON. GWEN MOORE The Boone News Republican is currently and take off. He found out the next day that OF WISCONSIN the message he had decoded was the one giv- running a series of articles that honors one IN THE HOUSE OF REPRESENTATIVES Boone County veteran every Tuesday from ing the orders to bomb Hiroshima. Memorial Day to Veterans Day. William Ferry Heading back to the United States fol- Thursday, November 18, 2010 was recognized on Tuesday, October 5. Below lowing his time overseas, Ferry recalls arriv- Ms. MOORE of Wisconsin. Madam Speak- ing in Miami and the feeling of relief to be is the article in its entirety: back in his country. er, I rise today to congratulate Dr. Lester Cart, BOONE COUNTY VETERANS: WILLIAM FERRY ‘‘I got back to Miami, got down and kissed recipient of the James Baker Award from the (By Greg Eckstrom) the ground,’’ he said. Milwaukee Community Brainstorming Con- William Ferry joined the Army, along with Returning, arguably as a big shot, Ferry ference (CBC). The CBC was established to his cousin, for pretty much the usual rea- fondly recalls his time in the service, noting inform the community about a range of facts, sons. his favorite part as being the opportunity to issues, and solutions that relate to the well- ‘‘My cousin and I, we were going to be big travel. ‘‘Just seeing the world,’’ he said. being of the African American community. The shots,’’ Ferry said with a laugh. forum offers a venue for interaction between I commend William Ferry for his many years In many ways, Ferry was. policy makers and the community and an op- Originally from Pilot Mound, and return- of loyalty and service to our great nation. It is portunity for the community to express their ing to Boone after World War II, where he an immense honor to represent him in the lived at the same address his whole life, needs and expectations. United States Congress, and I wish him all the Dr. Carter has been the owner and phar- Ferry entered his military career by volun- best in his future endeavors. teering rather than being drafted. macist of Carter’s Drug Store for over 43 ‘‘My cousin and I decided to join the Army f years and is located in the heart of the inner and see the world, so we went down and HONORING AMERICAN city of Milwaukee, Wisconsin. He provides a joined the Army,’’ he said. ‘‘Well, that’s the PHILHARMONIC-SONOMA COUNTY holistic approach to his services, distributing a last I’d seen of him for three years.’’ combination of standard pharmaceuticals and Ferry, although speaking in a serious voice, seemed to put a lighter spin on his HON. LYNN C. WOOLSEY natural remedies to his clients. Dr. Carter is an expert on herbology and pharmacognosy military experience than some. In recalling OF CALIFORNIA which is the study of medicines derived from his basic training at Spokane, Wash., Ferry IN THE HOUSE OF REPRESENTATIVES remembers learning how to type. natural sources. In fact, he has developed ‘‘They asked if I could type,’’ he said. ‘‘And Thursday, November 18, 2010 special trademarked ointments, solutions and they gave me a book and said, ‘Here, you’ve Ms. WOOLSEY. Madam Speaker, I rise with compounds available only at his pharmacy. In- got a week to learn.’ They give me a book pleasure today to celebrate the American Phil- dividuals from the entire metro Milwaukee and let me go.’’ The definition of self-taught. Ferry breezed harmonic-Sonoma County which has been area and throughout the country, from all na- through the book and learned to use a type- honored with an invitation from the govern- tionalities swear by and purchase his writer, admittedly saying that fortunately ment of China and the Dalian Yuan Concert formularies. he didn’t have to learn how to type ex- Production Company to tour northern China Dr. Carter graduated from Creighton Univer- tremely quickly. over this coming New Year’s holiday. sity’s School of Pharmacy and Allied Health

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.012 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1966 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 Professions in 1958; he was the only African whole. His unstinting dedication and innovative appreciation for his dedication and commit- American in his graduating class. After grad- teaching have touched the lives of many ment to his country. uation, Dr. Carter worked for a pharmacy in Americans and his dedication will be remem- The Boone News Republican is currently his hometown of Omaha, Nebraska formu- bered for years to come. I ask all of my col- running a series of articles that honors one lating pills and ointments at the back of the leagues to join with me, and the people of Boone County veteran every Tuesday from store. There he honed skills he would later Connecticut, in thanking Captain Vincent Wil- Memorial Day to Veterans Day. Ken Barkwill use to create his own medicines because the czynski for educating a generation of engi- was recognized on Tuesday, November 2. owner was afraid to allow him to serve white neers and acting as an example to so many. Below is the article in its entirety: customers at the front of the store. In 1967, he f [From the Boone News Republican, Nov. 2, moved to Wisconsin and six months later he 2010] opened his own pharmacy. IN TRIBUTE TO HARRISON BOONE COUNTY VETERANS: KEN BARKWILL Dr. Carter’s interests and impact reaches far INDUSTRIES (By Greg Eckstrom) beyond just filling prescriptions. He is very Ken Barkwill found himself in World War much aware of the health disparities facing Af- HON. ELTON GALLEGLY II as a result of his love of model planes and rican Americans and has used his extensive OF CALIFORNIA trains. Not in a literal sense, mind you. It’s likely knowledge to help the community with health IN THE HOUSE OF REPRESENTATIVES care problems ranging from healthy eating that Barkwill would have been drafted into a Thursday, November 18, 2010 branch of the military during WWII and habits to diabetes. In fact, Dr. Carter is a cer- Mr. GALLEGLY. Madam Speaker, I rise in called to serve his country, but this love of tified diabetes educator and stocks his phar- building models—a seemingly insignificant macy with books about diet and herbology, old tribute to Harrison Industries, which is being interest—set in motion a series of events fashioned mouthwash, ointments and soaps. recognized by the Ventura County Council, that guided him through an intriguing life Madam Speaker, I urge my colleagues of Boy Scouts of America, as Ventura County’s thus far, and one that was guided by these the 111th Congress to join me in congratu- Distinguished Citizen for 2010. interests. lating Dr. Lester Carter on receiving the Harrison Industries is one of the oldest and Originally from Marion, this love of build- James Baker Award. Dr. Lester Carter con- largest privately owned trash collection busi- ing models led a young Barkwill to a job at the local airport as a youth. As part of his tinues to provide immeasurable support and nesses in the United States. It provides resi- dential, commercial and industrial services to pay, he received instruction at the airport care to the African American Community and and did some flying. He was hooked. the Greater Milwaukee Community at large. I about 80,000 customers in Ventura, Camarillo, ‘‘That’s why I wound up in the Air Force,’’ am proud that Dr. Carter is a resident of the Fillmore, Ojai, Santa Paula, Thousand Oaks, he said. ‘‘Back in ’43, there was a draft and 4th Congressional District and applaud his life- the surrounding unincorporated areas of Ven- I was going to be drafted. I’d been in the civil time of accomplishments and success. tura County and Carpinteria. In addition, Har- air patrol in high school. If you wanted to, you could go sign up ahead of time, and I f rison-owned Gold Coast Recycling processes and markets the curbside recyclables for wanted to go into the Air Force, so I went in IN HONOR OF CAPTAIN VINCENT Santa Barbara County. April and signed up to go into the Air Force WILCZYNSKI UPON HIS RETIRE- E.J. Harrison and Sons was founded in and finally got called up in September.’’ MENT AS CHIEF OF THE ME- Barkwill took his training at Keesler Air 1932. E.J. died in 1991 but his wife, Myra, re- Force Base in Mississippi. The training was, CHANICAL ENGINEERING SEC- mains with the company as founder. Four gen- in a word, ‘‘sandy.’’ TION OF THE COAST GUARD erations of Harrison family members are in- ‘‘All I could think of was sand all over the ACADEMY volved in the day-to-day operations of the place,’’ Barkwill said. ‘‘Hot and sandy.’’ company. Myra’s oldest son, Ralph, is presi- After getting through basic training, HON. JOE COURTNEY dent while her other sons, Jim and Myron, Barkwill went to college for five months at serve as vice presidents. the University of Alabama before going to OF CONNECTICUT Texas where he worked on the line with guys IN THE HOUSE OF REPRESENTATIVES Harrison Industries is on the forefront of the waiting to get into school at Randolph Field recycling movement in California. In addition, Thursday, November 18, 2010 in San Antonio. From there, Barkwill was Harrison Industries opened the first liquefied sent to armament school in Denver, where Mr. COURTNEY. Madam Speaker, I rise natural gas fueling station in western Ventura after learning from others for his entire today to honor CAPT Vincent Wilczynski. I County and converted a significant number of military career was given a strange offer want to commend Captain Wilczynski for his its diesel trucks to run on the cleaner burning from one of his instructors. long and distinguished career as he retires as LNG. ‘‘Barkwill,’’ he recalled the teacher asking. the Chief of the Mechanical Engineering Sec- ‘‘How would you like to stay in Denver?’’ Harrison Industries has won many awards in He was offered a job as an instructor, after tion of the Coast Guard Academy. recognition of its financial support of local non- being identified as a ‘‘high achiever’’ along Captain Wilczynski has served as a vision- profit organizations and community cultural with two other individuals. Having a ary leader at the United States Coast Guard events. The company has been particularly girlfriend in Denver at the time, the decision Academy. He received the national Professor generous to organizations that help children was not difficult . . . especially for someone of the Year award in 2001 and has worked ex- such as the Boy Scouts of America. E.J. was with a love of airplanes. tensively at FIRST Robotics, a non-profit orga- a Pack leader for several years and taught his ‘‘That was an interesting stint,’’ he said. nization that motivates young people to pursue sons the traditions and expectations of the ‘‘We got B–17s in there. We didn’t have a careers in science, technology and engineer- plane with a chin turret on it. One day they Boy Scouts. E.J.’s sons continue the Harrison come in and belly-landed a B–17 and we ing. Before assuming his current position at family tradition of supporting the Boy Scouts. wound up with that one to teach the chin Yale, Captain Wilczynski cultivated and led the Madam Speaker, I know my colleagues join turret on, because it didn’t wipe it clear out. Mechanical Engineering Section as a Faculty me in paying tribute to Harrison Industries for And then, B–29s were just out when I was Member and Chief of the Mechanical Engi- its business leadership, community service, there. We got some through there, too, and neering Section. He was also Head of the En- deep commitment to public service and for ex- got to teach armament on them.’’ gineering Department. emplifying the values found in the Scout Oath Barkwill worked as an instructor from De- A 1983 USCGA graduate, Captain Wilczyn- and Law, and in congratulating the Harrison cember of 1944 to July of 1945, when he was ski earned a graduate degree from the Massa- sent to a replacement depot in the Phil- family for this well-earned recognition. ippines. chusetts Institute of Technology and a doc- f Upon arrival, Barkwill recalled a great torate from Catholic University. Captain Wil- deal of uncertainty. The depot was a jumping czynski’s many accolades include the 2003 TRIBUTE TO KEN BARKWILL off point, and all he could do was wait for his American Society of Mechanical Engineers, orders, which came one day in the form of a ASME, Distinguished Service Award, the 2005 HON. TOM LATHAM simple phrase: ‘‘Get your gear together, you’re shipping out.’’ ASME Edwin C. Church Medal for national OF IOWA He got on a truck and was transported contributions in engineering outreach and he IN THE HOUSE OF REPRESENTATIVES was awarded a prestigious American Council down the road a few miles. Barkwill un- Thursday, November 18, 2010 loaded in a new camp with some others be- on Education Fellowship in 2006. fore being given his orders. Captain Wilczynski’s outreach and leader- Mr. LATHAM. Madam Speaker, I rise to rec- ‘‘There were several of us pulled out of the ship have been invaluable to the USCGA, to ognize Ken Barkwill, a World War II Air Force depot and moved down the road a ways to an Yale and to the Connecticut community as a veteran from Boone, Iowa, and to express my outfit called recovered personnel,’’ he said.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.014 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1967 ‘‘And we were supposed to go in behind the hobby managed to lead him into the mili- have demonstrated the highest levels of aca- first wave of troops in to Japan and evacuate tary, it also brought him to the Boone & demic achievement by supporting this resolu- POWs.’’ Scenic Valley Rail Road in 1983, where he tion. Fortunately, the cover of the first wave of joined the Boone Railroad Historical Society troops was not needed, as the two atomic and designed and oversaw the construction f bombs were dropped on Japan, effectively of the depot for the new railroad. His reason RECOGNIZING THE CONTRIBU- ending the war. for doing so? Model trains. TIONS OF MAYOR LEN AUGUS- The war was over, but Barkwill’s duties on It’s amazing where a love for a simple the recovered personnel outfit were still hobby can take you, and the stories that fol- TINE TO THE CITY OF needed, and he was sent to POW camps in low as a result. VACAVILLE, CALIFORNIA Japan to look for soldiers, check out graves I commend Ken Barkwill for his many years for information and report back. of loyalty and service to our great nation. It is HON. GEORGE MILLER ‘‘It was interesting work,’’ he said. OF CALIFORNIA From there, Barkwill was sent to a dif- an immense honor to represent him in the IN THE HOUSE OF REPRESENTATIVES ferent unit—this one in Cebu City in the United States Congress, and I wish him all the Phillipines—for some more interesting work. best in his future endeavors. Thursday, November 18, 2010 He was to investigate claims that the Fili- f Mr. GEORGE MILLER of California. Madam pinos made in regards to G.I.s’ stealing Speaker, I rise today and invite my colleagues items. CONGRATULATING NATIONAL ‘‘It was interesting,’’ he said. ‘‘They come SPELLING BEE CHAMPION, FI- to join me in recognizing one of my constitu- in to our office. We set up an office down in NALISTS, AND PARTICIPANTS ents, Vacaville Mayor Len Augustine, who is Cebu City, and they come in and file applica- retiring after a lifetime of public service, having tions with their claims. We had a bunch of SPEECH OF served in the military for 28 years followed by Filipinos working for us, and they’d fill out serving the City of Vacaville for 18 years. their forms for them, and then we’d have to HON. EARL POMEROY United States Air Force Colonel (Ret.) Len go out and investigate. Try to figure out OF NORTH DAKOTA Augustine is a Vietnam veteran who served in whether they were legitimate or not. That IN THE HOUSE OF REPRESENTATIVES a number of important command and staff po- was fun.’’ Tuesday, November 16, 2010 sitions during his military career, including as- Everything from stolen chickens, cows and bicycles was investigated, as best he could, Mr. POMEROY. Mr. Speaker, I rise today in signments in the Pentagon, Australia, Ger- by Barkwill and his men. He was there for support of House Resolution 1494. many, and at Travis Air Force Base in Cali- only about a month before finally coming Our nation’s future rests on the shoulders of fornia where he commanded a C–141 flying home in February of 1946. our youth, and the exceptional dedication and squadron. He completed his 28-year military For Barkwill, his military experience, intelligence displayed by all of the students career as Commander of the 89th Airlift Wing while not always pleasant, was beneficial. who took part in the 84th Scripps National at Andrews Air Force Base near Washington, ‘‘I . . . can’t say I enjoyed it, but it was Spelling Bee earlier this year gives me great DC, where his unit was responsible for Air something I’ll never forget,’’ he said. ‘‘It was Force One. Len is a veteran pilot, having . . . an education. Quite an education. To confidence that our future will be a bright one. this day, I don’t think it hurts anyone to As the largest and longest-miming edu- flown a variety of military aircraft including the spend some time in the military. I feel it’s cational promotion in the United States, this Learjet C–21, Gulfstream III, C–141, C–123 quite an enlightening education.’’ year’s Scripps National Spelling Bee brought and KC–97 and also UH–I helicopters. That experience is also one that is not easy together 273 spellers from all over the United As mayor of Vacaville, Len saw many major to share with a stranger. Barkwill said that States and across the world. The rigorous projects through to completion. Most notably it’s a difficult topic for many veterans to preparation and diligence required by these among these are the development and expan- share, with even their own families. sion of the region’s biotech industry with ‘‘I’ve enjoyed talking to a lot of old guys students to compete at this international level is truly incredible. Genentech, Alza, and Novartis; the expansion like myself around,’’ he said. ‘‘We’ve talked of Genentech, which made its Vacaville plant about things that happened. You get to talk- I would specifically like to recognize ing about what happened here and there, and Shantanu Srivatsa, a student at Cheney Mid- the world’s largest bio-manufacturing facility; you talk about things you haven’t thought dle School in West Fargo, North Dakota, for the expansion of the Kaiser Medical Center about for years and things you never told tying for second place in this competition. This and development of the Kaiser Hospital; and your kids. My daughter from Colorado, it was Shantanu’s third consecutive appearance the revitalization of Vacaville’s Historic Down- was just a couple of years ago, found out a at the Spelling Bee, and I was impressed to town, including the Creekwalk Plaza, down- little bit about my military history. She was learn that his favorite subject in school is in town library, and the popular Town Square in asking me questions and so I sat down and the heart of town, a concept Len brought told her a little bit about what had hap- fact mathematics, and that in addition to his participation in the spelling bee, he also rep- home from a visit to Poland. pened. It was interesting overseas to see During his tenure as mayor, the city moved what the Japanese had done, what they were resents his school at regional and state math- doing and how they had dug in. They were ematics competitions. forward on the redevelopment of the Nut Tree there forever. They found some of them in When reviewing the words Shantanu cor- property, creating much needed economic recent years still living in the hills still rectly spelled to make it to the highest levels growth for the region. Len also worked on the thinking the war is on.’’ of the competition, I am astounded by his State Compensation Insurance Fund office It’s also interesting, he said, how your command of the English language. Though I project and entitlements for Lagoon Valley, memories work. Barkwill’s wife, Mary, joked represent a state with a large sugar beet in- and he was instrumental in securing funding that he could remember his time in the mili- for the Leisure Town Road Overcrossing. His tary with such clarity, yet he doesn’t re- dustry, I must admit that I did not know that member what he did yesterday. a cossette was part of the sugar refining proc- work on the Vacaville Strategic Plan process ‘‘Yeah, some of it comes back, Mary,’’ he ess—and I certainly did not know how to spell will continue to direct development and growth laughed. ‘‘It’s amazing how your memory it. Thanks to Shantanu, I now know that it is for generations. works.’’ cossette, C-O-S-S-E-T-T-E. In addition to Len’s work on behalf of the Many of the memories came to Barkwill Lest this example lead one to suspect that City of Vacaville, his many professional mem- without any trouble as he recalled specific Shantanu’s vocabulary was limited to the geo- berships include the League of California Cit- incidents. Being caught in a typhoon in graphically proximate—his correct spelling of ies (Member and two-term Chair of Employee Japan, finding a place for a haircut and a Relations Policy Committee), North Bay Divi- shave over there, and most of all arriving schlieren, that would be S-C-H-L-I-E-R-E-N, back in the United States after serving. clearly demonstrates that the breadth of his sion of the League of California Cities (past ‘‘Anybody that goes into the military, you knowledge includes subjects, or more pre- president), Association of Bay Area Govern- get what you can out of it,’’ he said. ‘‘You go cisely substances, that would be exceedingly ments (Executive Committee), Capitol Corridor and serve your time and hope that you get rare in North Dakota due to the geologic his- Joint Powers Authority (member), Solano home. I tell you, that’s a thrill. When you tory of the northern Great Plains. Local Agency Formation Commission (mem- get on a ship and come back under the Gold- Students like Shantanu and all of the other ber), Solano Economic Development Corpora- en Gate Bridge and see that bridge up there participants in this competition not only rep- tion (member), Solano County Mayor’s Con- and see that harbor and that ship pulls up to ference (past chairman), Travis Regional the dock and you know you’re back on terra resent the best students in our nation, but also firma in the United States. That was very, exemplify the ideals of hard work, dedication, Armed Forces Committee (past Chair), Solano very exciting for me.’’ and poise that are an inspiration to us all. Transportation Authority (past Chair), Solano For Barkwill, it all started with a young Please join me in supporting all of the County Water Agency (past Chair), Yolo-So- man building models . . . and after the Scripps National Spelling Bee participants who lano Air Quality Management Board (member),

VerDate Mar 15 2010 07:28 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K18NO8.005 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1968 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 Vacaville Sunrise Rotary Club (past Presi- communism. Of course there is work left to do TRIBUTE TO KEE HIGH SCHOOL dent), Friends of Vacaville Schools Committee but, according to polling data from an inde- (as past Chair he led the effort to pass a $100 pendent firm hired by the U.S. Embassy in HON. TOM LATHAM million bond measure), Airport Land Use Com- Kazakhstan during the Bush administration, 90 OF IOWA percent of the people of Kazakhstan support mission/Solano County Aviation Advisory IN THE HOUSE OF REPRESENTATIVES Committee (member), Vacaville-Dixon Green- President Nazarbayev and are pleased with belt Authority (member), and the Vacaville- the work he is doing and more than 63 per- Thursday, November 18, 2010 Fairfield-Solano Greenbelt Authority (member). cent of the people of Kazakhstan have a fa- Mr. LATHAM. Madam Speaker, I rise today As Mayor Len Augustine retires, I am de- vorable opinion of the United States. to recognize the excellence in education in the lighted to have this opportunity to thank him Since 9/11 and regarding U.S. coalition op- Fourth Congressional District of Iowa, and to both for his outstanding service to our country erations in Afghanistan, Kazakhstan has al- specifically congratulate Kee High School in and for his tireless work on behalf of the resi- lowed overflight and transshipment to assist Lansing, Iowa, for making the list of the 2010 dents of Vacaville. His dedication to improving U.S. efforts. U.S.-Kazakh accords were signed Blue Ribbon Schools. our quality of life has made a decided dif- in 2002 on the emergency use of The Blue Ribbon Schools Program honors ference for all. I join with my colleagues along Kazakhstan’s Almaty airport and on other mili- public and private elementary, middle and high with his wife Sue, his children and grand- tary-to-military relations. The Kazakh legisla- schools that are either academically superior children, as well as his extended family and ture approved sending military engineers to or that demonstrate dramatic gains in student friends, in wishing Len a long, happy, and Iraq in May 2003 and, in his April 2010 meet- achievement. Kee High School scored in the well-deserved retirement. ing with President Obama, President top ten percent in Iowa with at least 40 per- Nazarbayev agreed to facilitate U.S. military f cent of their students from disadvantaged air flights along a new trans-polar route that backgrounds improving their performance on COMMENDING PRESIDENT NUR- transits Kazakhstan to Afghanistan. state assessments or nationally-normed tests. Now Kazakhstan is the first post-Soviet, first SULTAN NAZARBAYEV FOR OR- I consider it a great honor to represent Kee predominantly Muslim, and the first Central GANIZING THE OSCE ASTANA High School Principal Patrick Heiderscheit, the Asian nation to serve in the top leadership role SUMMIT teachers, students, school board members of the OSCE, an organization known for pro- and administrators of Eastern Allamakee Com- moting democracy, human rights and the rule HON. ENI F.H. FALEOMAVAEGA munity Schools in the United States Congress. of law. As Chair of the OSCE, Kazakhstan will OF AMERICAN SAMOA I wish Kee High School continued academic also host the Astana Summit. The Astana excellence as they provide a positive impact IN THE HOUSE OF REPRESENTATIVES Summit, like Kazakhstan’s Chairmanship of on future generations to come. Thursday, November 18, 2010 the OSCE, is historic. Earlier this year, my col- f Mr. FALEOMAVAEGA. Madam Speaker, I leagues and I also spearheaded an effort call- rise today to commend President Nursultan ing upon the U.S. to stand with Kazakhstan in IN RECOGNITION OF NATIONAL Nazarbayev for organizing the OSCE Astana support of an OSCE Summit, and I express ALZHEIMER’S DISEASE AWARE- Summit which will be held December 1–2, my thanks to the Obama administration, and NESS MONTH 2010. especially to U.S. Secretary of State Hillary In 2007, under the Bush administration, my Clinton and Assistant Secretary of State for HON. CHRISTOPHER H. SMITH colleagues and I spearheaded an effort in South and Central Asian Affairs Robert O. Blake, who are expected to represent the U.S. OF NEW JERSEY Congress calling upon the U.S. to support IN THE HOUSE OF REPRESENTATIVES Kazakhstan’s bid to chair the Organization for at the Summit. Security and Cooperation in Europe (OSCE). The Astana Summit has been organized at Thursday, November 18, 2010 the initiative of President Nazarbayev and will Recognizing, as David Wilshire, Head of the Mr. SMITH of New Jersey. Madam Speaker, be the first OSCE meeting of Heads of State delegation of the Parliamentary Assembly of today, I had the honor to speak at a briefing to take place in more than a decade. It has the Council of Europe, noted, that ‘‘building a on Alzheimer’s disease and the important been 11 years since the OSCE held a security democracy is a long and hard task,’’ we felt work of the National Institute on Aging (NIA), summit and the world has changed drastically that the U.S. could and should offer a gesture National Institutes of Health, in providing lead- since then as a direct result of 9/11. While I of goodwill by assisting Kazakhstan in its bid ership on research and treatments for patients have serious reservations about U.S. involve- to chair the OSCE, considering that with Alzheimer’s. In addition to the NIA, the ment in Afghanistan, Kazakhstan aims to use Kazakhstan voluntarily worked with the U.S. Alzheimer’s Foundation of America, Alliance the OSCE Chair and Summit to press for a under the auspices of the Nunn-Lugar pro- for Aging Research, Leaders Engaged on Alz- resolution to the conflict in Afghanistan and for gram to dismantle the world’s fourth largest this reason I am pleased that the United heimer’s Disease, USAgainst Alzheimer’s, and nuclear arsenal and shut down the world’s States is supporting the Astana Summit. the National Collaborative on Aging partici- second largest test site. Given the serious importance of the Summit pated in the briefing. From 1949 to 1991, the Soviet Union con- to U.S. efforts in Afghanistan, it is my hope November is National Alzheimer’s Disease ducted nearly 500 nuclear tests in that President Obama will attend. His pres- Awareness Month, and the briefing today pro- Semipalatinsk, Kazakhstan, and exposed ence will send the right signal to our allies in vided an important contribution to increasing more than 1.5 million Kazakhs to nuclear radi- Central Asia who are also putting their lives on awareness in Congress. I fondly recall that ation. After the collapse of the Soviet Union, the line for us. President Ronald Reagan designated the first President Nursultan Nazarbayev was among Central Asian countries, and especially National Alzheimer’s Disease Awareness the first to recognize and neutralize the dan- Kazakhstan, provide support for U.S. and week in 1982, 12 years before he announced gerous threat posed by the nuclear arsenal NATO operations in Afghanistan and without that he had been diagnosed with the disease. Kazakhstan inherited and, as a result of his their assistance we would have no hope for Alzheimer’s disease is now the seventh initiative, Kazakhstan in cooperation with the success. But I hope that our partnership will leading cause of death in the United States. U.S. dismantled a nuclear arsenal which was extend past the war in Afghanistan in both Estimates vary, but it is believed that over 5 larger than the combined nuclear arsenals of breadth and depth. For over 100 years, the million individuals have Alzheimer’s and some- Great Britain, France and China. people of Central Asia have lived without one new develops the disease every 70 sec- President Nazarbayev’s decision to dis- basic freedoms and, in my meetings with the onds. One in eight persons over 65 and nearly mantle changed the course of modern history, people and leaders of these countries, they, half of those over 85 has Alzheimer’s. In my and I am pleased that the U.S. finally sup- like us, want to continue their march towards own state of New Jersey, 150,000 residents ported Kazakhstan’s OSCE bid for 2010. democracy and this is why I commend Presi- are suffering from Alzheimer’s. While there will always be critics intent on set- dent Nazarbayev for providing the stability With the aging of the 78 million American ting Kazakhstan back in its attempt to move necessary to push freedom forward. baby-boomers, by 2050, 16 million will have the OSCE forward, all 56 member States Once more, I commend Kazakhstan for the disease if advances are not made to pre- unanimously voted in favor of Kazakhstan’s hosting the Astana Summit and I applaud the vent it. chairmanship. 56 nations that will participate to demonstrate In 2009, 11 million family caregivers pro- I believe they did so in recognition of the to the world that the OSCE is relevant, essen- vided the equivalent of $144 billion in care. bold steps President Nazarbayev has taken to tial and committed to responding to common And Alzheimer’s costs to Medicare and Med- bring Kazakhstan out from under the yoke of security threats. icaid last year were $123 billion.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.018 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1969 When I was first elected to Congress in care and outcomes for Americans living with been part of the program, and more than 65 1980, diagnosis of Alzheimer’s was about the disease. The HOPE Act aims to increase of them have been afforded an opportunity to three million cases, and the National Institutes detection and diagnosis of Alzheimer’s dis- attend college and play baseball. One former of Health (NIH) invested only $13 million in ease and other dementias and provide ac- player, Drew Miller provided the following testi- Alzheimer’s research. This year, NIH will in- cess, information and support for newly diag- mony regarding his mentor, ‘‘coach, leader, vest $469 million in baseline funding for Alz- nosed patients and their families. genuine, role model, giving, caring, friend and heimer’s research. While we have made The Alzheimer’s Breakthrough Act (H.R. now cancer are all words that come to mind progress in federal support, we know that 3286 which was introduced in July 2009 and when the name Dusty Rhodes is brought up.’’ much more needs to be done to conquer this has 136 cosponsors, authorizes the necessary Madam Speaker, I ask you and our col- terrible disease. resources to restore momentum in the pursuit leagues to join me in honoring the tremendous In 1999, I joined Congressman MARKEY in of better diagnosis, prevention and treatment. contributions of this remarkable community founding the Congressional Task Force on Advances and progress in the various areas of leader. Dusty Rhodes’ commitment to helping Alzheimer’s to help increase congressional Alzheimer research have the potential to save young men through baseball grows from his awareness and legislative efforts relative to millions of lives and save hundreds of billions Christian faith, his love of young people, and Alzheimer’s. The Task Force which now in- of dollars. his love of the game of baseball. Now he cludes 158 Members of the House of Rep- Also, earlier this year we sent a letter, along faces personal health challenges, but his re- resentatives, hosts briefings and forums for with House and Senate colleagues, to Depart- markable legacy is etched in his devotion to Members of Congress and their staffs and ment of Health and Human Services (DHHS) making the lives of young people better. works closely with the Alzheimer’s Foundation Secretary Sebelius to have Alzheimer’s and f of America and the Alzheimer’s Association, other dementias included in the Healthy Peo- INTRODUCING THE TARGETED TAX which has a New Jersey affiliate. ple 2020 initiative. The Healthy People initia- LIEN ACT OF 2010 We are working here in the House and with tive provides 10-year national objectives for our colleagues in the Senate to pass this year promoting health and preventing disease. The National Alzheimer’s Project Act ( or I am gratified to work alongside Congress- HON. ALCEE L. HASTINGS OF FLORIDA NAPA), legislation designed to better coordi- man MARKEY and the other members of the bi- IN THE HOUSE OF REPRESENTATIVES nate research and clinical programs dealing partisan Congressional Task Force on Alz- with Alzheimer’s disease all across the federal heimer’s Disease to address this oncoming Thursday, November 18, 2010 bureaucratic spectrum. NAPA currently has public health tsunami—and hopefully to see Mr. HASTINGS of Florida. Madam Speaker, 109 cosponsors. prevention and a cure before it totally over- I rise today to introduce the Targeted Tax Lien As I mentioned earlier, by 2050, nearly 16 whelms our nation’s health care resources. Act of 2010. While a notice of a federal tax million Americans will have Alzheimer’s, yet f lien can be an effective tax collection tool, the there is no national plan to deal with this automatic filing process currently utilized by looming crisis. The National Alzheimer’s TRIBUTE TO CHARLES F. ‘‘DUSTY’’ the Internal Revenue Service (IRS) too often Project Act (NAPA), which has been modified RHODES allows for erroneous and unnecessary filings. since its introduction in February of this year, A public filing of a notice of federal tax lien establishes in the Office of the Secretary of HON. JAMES E. CLYBURN often does little to increase the likelihood of HHS a National Alzheimer’s Project. It also will OF SOUTH CAROLINA collecting the tax liability, yet can impact a tax- establish an inter-agency advisory council to IN THE HOUSE OF REPRESENTATIVES payer’s credit and ability to obtain financing, advise the Secretary of HHS and address the Thursday, November 18, 2010 find or retain a job, secure affordable housing government’s efforts on Alzheimer’s research, or insurance and ultimately, the taxpayer’s care, institutional services, and home- and Mr. CLYBURN. Madam Speaker, I rise ability to pay the balance. This legislation will community-based programs. today to pay tribute to a South Carolinian, who provide the IRS with the means to ensure that The Alzheimer’s Project will create and has dedicated his life to motivating young men a notice of a federal tax lien is filed only when maintain an integrated national plan to over- through baseball. Charles F. ‘‘Dusty’’ Rhodes it would be in the best interest of both the IRS come Alzheimer’s; accelerate the development is the founder of the South Carolina Storm and taxpayer. of treatments that would prevent, halt, or re- travel baseball team in Charleston, and he has The Targeted Tax Lien Act of 2010 ends the verse the course of Alzheimer’s; help to co- changed the lives of numerous young men IRS’s current one-size-fits-all lien filing policies ordinate the health care and treatment of citi- through the program. that, in the IRS Taxpayer Advocate’s own zens with Alzheimer’s; ensure that ethnic and In 2002, Dusty Rhodes saw a need to help words, ‘‘circumvent the spirit of the law, fail to racial populations—who are at higher risk for boys in the Charleston area pursue a college promote future tax compliance, and unneces- Alzheimer’s and least likely to receive care— education through baseball. He began the sarily harm taxpayers.’’ The bill requires an are included in clinical, research, and service Charleston Storm travel baseball program with IRS supervisor to review and make an affirma- efforts; coordinate with international bodies to the founding principles of ‘‘attitude, academics, tive, specific finding on a case-by-case basis integrate and inform the fight against Alz- and baseball.’’ Attitude was stressed by teach- that a lien is warranted and not disproportion- heimer’s globally; and provide information and ing players how to play baseball with respect ately harmful to the taxpayer. The bill provides coordination of Alzheimer’s research and serv- for themselves, coaches, fellow and opposing a list of factors to consider, such as the ices across all Federal agencies. players, umpires, and the game itself. Aca- amount due, the value of the property, a tax- I would like to commend the Alzheimer’s demics were stressed because many more payer’s compliance history, and extenuating Foundation and the Alzheimer’s Association scholarships are available to those who excel circumstances. for their work and support to advance this leg- in academics than those who excel in base- Furthermore, the IRS’s ability to collect tax islation. As you know, such strong advocacy ball. The players had their grades checked, liabilities will not diminish under these new often makes the difference in pushing legisla- and the message was instilled that baseball policies. A recent IRS National Taxpayer Ad- tion over the finish line. While I am extremely would only last a few years, but a quality edu- vocate study suggests that in most instances disappointed that the Senate HELP Committee cation would serve a young person for the rest where the source of payment of a tax debt to cancelled their mark-up yesterday that was to of his life. The fundamentals of baseball were the IRS is specified, more than 95 percent of include NAPA, we will work with them to try to taught by coaches who had the ability to teach all payments and more than 80 percent of all ensure that it is marked-up and passed this young men the correct way to play the game, revenue collected did not result from a notice year. in addition to upholding the attitude and aca- of lien filing and would have been collected In addition to introducing and fighting to demic goals. even without the filing. Additionally, a separate pass NAPA, Rep. MARKEY and I have intro- Playing on a travel baseball team did have analysis performed by the Advocate shows duced two other major bills focusing on Alz- its financial cost. However, the boys were that only about five percent of all payment heimer’s: never denied the opportunity to play due to transactions and approximately twenty percent On July 29, 2010, we introduced the HOPE family financial hardship. Often Dusty and his of the total dollars collected from these tax- for Alzheimer’s: Health Outcomes, Planning wife, Kelly, supported the players out of their payers are attributable to federal tax liens. and Education Act (H.R. 5926). The bill would own pockets. These results suggest that the IRS’s current provide for Medicare coverage of comprehen- In the eight years since its inception, the use of liens may not be furthering revenue col- sive Alzheimer’s disease and other dementia team has evolved into the South Carolina lection despite the impact liens have on tax- diagnoses and services in order to improve Storm. Several hundred young men have payers and their credit.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.020 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1970 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 Madam Speaker, the current automatic filing Recovery Resources was founded 55 years troit. Also that year, his paper, ‘‘K–12 Summer process can often result in the filing of a no- ago by two caring and dedicated individuals, Engineering Outreach Programs—Curriculum tice of federal tax lien when another collection Martha Baker and her husband, Dick Baker. Comparisons Between Ages, Minorities, and technique would have been more appropriate Recovery Resources helps people triumph Genders’’ was awarded Best Paper—PIC V at and effective. It should come as no surprise over mental illness, alcoholism, drug and other the 2005 ASEE Annual Conference. Addition- that the taxpayers most often impacted by an addictions in Northeast Ohio. The dedicated, ally, he is the recipient of a 2004–2005 and erroneous notice of a lien filing are small busi- compassionate, and professional staff at Re- 2005–2006 Kern Faculty Incentive Grants for nesses and middle class families. By making covery Resources delivers outpatient mental research with Turbine Technologies, Ltd, and sure the IRS uses the tax collection method health and substance abuse prevention and recipient of portions of the 2006 KEEN grant and strategy best suited to each particular tax- treatment programs in nine locations and and 2007 Chrysler Foundation grant. payer, the Targeted Tax Lien Act of 2010, not touches 13,000 clients annually in Cuyahoga I have seen first-hand the outstanding work only helps buttress these bedrocks of our County. that Lawrence Tech University is doing. In par- economy, but allows the IRS to avoid unnec- Treatment programs at Recovery Resources ticular, the University’s Center for Innovative essary expenses, ensuring it also can use its are based on several phases of assessment, Materials Research is doing state-of-the-art resources more efficiently. treatment and aftercare. The programs employ work in the area of advanced composite mate- I urge my colleagues to support this impor- evidence-based best practices, mental health rials. It is important to develop these cutting- tant legislation and reaffirm the commitment of and psychiatric services, individual and group edge technologies here in Michigan because Congress to small businesses and the middle counseling, intensive services for those with of our strong roots in research and develop- class. dual diagnoses, homeless services and case ment. f management. In addition to intensive indi- Madam Speaker, I ask my colleagues to join vidual therapy and education programs, Re- me in recognizing the achievements of Dr. An- TRIBUTE TO LEO THOMSEN covery Resources provides special services to drew Gerhart and to congratulate him on re- HIV/AIDS, Older Adults, Homeless, Women ceiving this well-deserved award. I am con- HON. TOM LATHAM and Families. fident Dr. Gerhart will continue in his success, OF IOWA Madam Speaker and Colleagues, please as he educates students to be the next lead- IN THE HOUSE OF REPRESENTATIVES join me in honor and recognition of the found- ers in the field of engineering. ing members, staff and volunteers of the Re- Thursday, November 18, 2010 f covery Resources of Cleveland, Ohio. Their Mr. LATHAM. Madam Speaker, I rise today unwavering dedication to lifting the lives of TRIBUTE TO CHARLES L. ‘‘CHUCK’’ to congratulate Leo Thomsen of Jefferson, thousands of individuals and families onto a ROGERS Iowa, on the celebration of his 100th birthday platform of safety, strength, and recovery on October 4, 2010. steady the foundation of hope and peace HON. MARY BONO MACK Leo was born on October 4, 1910, in throughout the entire community. OF CALIFORNIA Greene County, Iowa. He grew up in Paton, f IN THE HOUSE OF REPRESENTATIVES Iowa where he later became a farmer and Thursday, November 18, 2010 worked at a grain elevator. In 1940, Leo mar- RECOGNITION OF DR. ANDREW ried Bernice Anderson and they were together GERHART Mrs. BONO MACK. Madam Speaker, I rise until her death in 1988. They have two daugh- today to pay tribute to Charles L. ‘‘Chuck’’ ters, Mary and Judy; and have five grand- HON. SANDER M. LEVIN Rogers, a distinguished and honorable man children, Cesar, Tony, Marisa, Matt and Brad. OF MICHIGAN who made many selfless contributions to our Leo is currently residing at the Regency Park IN THE HOUSE OF REPRESENTATIVES nation with his service to country in the United Nursing and Rehab Center in Jefferson, Iowa. States Army and throughout his remarkable Thursday, November 18, 2010 There have been many changes that have life. Mr. Rogers was the patriarch of a wonder- occurred during the past one hundred years. Mr. LEVIN. Madam Speaker, I rise today to ful family and someone I was honored to know Since Leo’s birth we have revolutionized air recognize Dr. Andrew Gerhart, Associate Pro- and call friend. Sadly, Mr. Rogers passed travel and walked on the moon. We have in- fessor of Mechanical Engineering at Lawrence away on October 29, 2010, at the age of 79 vented the television and the Internet. We Technological University in Southfield, Michi- surrounded by his beloved family in Pasa- have fought in wars overseas, seen the rise gan. dena, California. I ask all of my colleagues to and fall of Soviet communism and the birth of Dr. Gerhart has been named the 2010 join with me today in saluting this outstanding new democracies. Leo has lived through 18 Michigan Professor of the Year by the Car- American. United States presidents and 22 governors of negie Foundation for the Advancement of Mr. Rogers was born in San Diego in Octo- Iowa. In his lifetime, the population of the Teaching and the Council for Advancement ber of 1931. He graduated from San Diego United States has more than tripled. and Support of Education. More than 300 top High School in 1949, and went on to attend I know that my colleagues in the United professors in the United States were consid- UC Berkeley before transferring to Stanford States Congress join me in sending warm ered in this annual competition, which is the University where he received his A.B. Degree wishes to Leo on the milestone of his 100th only national program to recognize excellence in 1953. Mr. Rogers went on to serve in the birthday. I am extremely honored to represent in undergraduate teaching and mentoring. Counter Intelligence Corps (CIC) of the United him in Congress, and I wish him happiness Dr. Gerhart received his Master’s degree States Army for two years, and then went on and health for many more years to come. from the University of Wyoming and his Ph.D. to attend Stanford Law School earning his f from the University of New Mexico in Albu- Juris Doctorate in 1957. querque, NM. After numerous highly success- While serving in the CIC, Mr. Rogers was IN HONOR OF THE 55TH ANNIVER- ful career endeavors, he began teaching at stationed on the East Coast where he met his SARY OF RECOVERY RESOURCES Lawrence Tech University in 2002 and has be- beloved wife, Marion Booth, a secondary come a remarkably active teacher and re- schoolteacher. In 1955, Charles and Marion HON. DENNIS J. KUCINICH searcher. He is the director of the Thermal married in Hamden, Connecticut where they OF OHIO Science Laboratory and Aerodynamics Lab- began their lifelong partnership, and raising IN THE HOUSE OF REPRESENTATIVES oratory, Coordinator of the Certificate of En- their six children. ergy and Environmental Management Program Mr. Rogers will always be remembered for Thursday, November 18, 2010 and Aeronautical Engineering Minor/Certifi- his love of family, his endless generosity, his Mr. KUCINICH. Madam Speaker, I rise cate, and Chair of the Leadership Curriculum ever-present sharp wit and sarcastic humor, today in honor of the founders, staff, volun- Implementation Committee. and his strength of character and personal in- teers and clients of Recovery Resources of During his tenure at Lawrence Techno- tegrity. A man of devotion, Mr. Rogers consist- Cleveland, Ohio, as they celebrate their fifty- logical University, Dr. Gerhart has received ently supported the Catholic Church and was fifth anniversary at the 20th Annual Bronze numerous awards and been nationally recog- appointed a Knight of the Order of the Holy Key Gala. Thousands of individuals and their nized for papers and presentations about im- Sepulchre. families, seeking to break free from the chains proving the educational process. In 2005, he Known for his mastery of impeccable writ- of drug and alcohol addiction have been was awarded the Outstanding Young Engineer ing, Mr. Rogers became a partner, and prac- helped by Recovery Resources. of the Year by the Engineering Society of De- ticed with the law firm of Lawler, Felix and Hall

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.022 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1971 in Los Angeles for most of his career. His I would like to give a special thanks to erty,’’ we must spare no effort to protect peo- most prominent matters related to the tele- Connie Whitfield and her husband Congress- ple of all faiths who oppose radical Islamic ex- communications industry. Mr. Rogers served man ED WHITFIELD, for all they have devoted tremists. Our vigilance in this regard must be on or chaired various Bar committees and also to Lex and the Lee family. Thanks to John perpetual and total. valued the camaraderie of his fellow members Burnam for all of his work and for bringing As Christians, we are taught that suffering of the Bar as a member of The Chancery Club Lex’s story to my attention three years ago. and disappointment can enlarge our hearts of Los Angeles. A big thank you goes to Dr. Lee Morgan of and make us more grateful for the blessings in The youngest of three brothers, Charles Georgetown Veterinary Hospital for performing our lives. In this season of thanksgiving, let us adored his brothers: Joseph W., the late Mi- the procedure. renew our gratitude for the brave men and chael C. and John F. ‘‘Jack’’. They stayed Contributions came from all over the country women overseas standing guard in defense of close throughout their lives and enjoyed their and I appreciate everyone who donated. A our freedom and taking the fight to the enemy. time together. dog handler currently stationed in Afghanistan f Charles is survived by Marion, his wife of sent a donation, which speaks to the impor- nearly 55 years; their six children, Pamela tance of these dogs and the appreciation our TRIBUTE TO AMANDA TERHARK Burton (John), David (Vicky), Albie, Marion service members have for them. Riley Campbell (Robin), Charles (Anne), and With that Madam Speaker, I close by asking HON. TOM LATHAM Sarah Krappman (Matthew); their 15 grand- God to please bless our men and women in OF IOWA children (Timothy, Nancy, Lisa, Sarah, Renee uniform, their families, and I ask God to IN THE HOUSE OF REPRESENTATIVES and Michelle Burton; Ryan and Spencer Rog- please bless America. Thursday, November 18, 2010 ers; Liam Riley, Marion Riley Campbell and f Mr. LATHAM. Madam Speaker, I rise today Eileen Riley Campbell; Brian and Thomas to recognize Amanda Terhark of Iowa Falls, Rogers; and Charles and Kevin Krappman); STATEMENT ON TERRORIST AT- Iowa, as the recipient of the Art Educators of two brothers, Joe and Jack, and numerous TACK AGAINST OUR LADY OF Iowa (AEI), 2010 Outstanding Middle School nieces and nephews. SALVATION CHURCH, BAGHDAD Mr. Rogers will be remembered by his dear Art Educator award for her dedication to her family and friends as a dedicated family man students and art. She accepted the award on HON. JOHN A. BOEHNER October 2, 2010, at the AEI conference in who rendered tireless service to those who OF OHIO Sioux City, Iowa. had the opportunity to associate with him. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I once again pay tribute to Amanda splits her time as an art teacher at this great American and family man. His life Thursday, November 18, 2010 Riverbend Middle School and Rock Run Ele- was a testament to patriotism and the impor- Mr. BOEHNER. Madam Speaker, I rise mentary School and has been teaching art for tance of family, and I am honored to speak on today to join the Obama Administration in con- seven years. This is her first teaching position his behalf today. I encourage my colleagues to demning the recent terrorist attack against Our and the first time she is getting recognized for join me in recognizing and celebrating the life Lady of Salvation Church in Baghdad, which her work. When Amanda found out she was nomi- of Mr. Charles Lightwood Rogers. left more than 60 dead and another 75 wound- nated for the award last summer, she asked f ed. In the most hideous of ways, we have been reminded of the enemy’s desire to seek Riverbend Middle School’s principal Jeff STEM CELL THERAPY FOR LEX, the death and destruction of anyone who op- Burchfield to write a letter of recommendation. THE MILITARY WORKING DOG poses its attempt to impose a pernicious In his letter, Mr. Burchfield praised her work worldview. both in the classroom and the community. He HON. WALTER B. JONES This attack occurred during Sunday Mass, wrote: ‘‘She has high expectations for student OF NORTH CAROLINA just as the congregation rose to recite, ‘‘Upon performance and behavior, yet her teaching IN THE HOUSE OF REPRESENTATIVES this rock, I will build my church.’’ As a Catho- style is one of mutual respect and admiration . . . [Amanda] genuinely cares for the stu- Thursday, November 18, 2010 lic, as someone raised to cherish life and de- fend its sanctity, it is difficult to contemplate dents in her classroom, and this is evident in Mr. JONES. Madam Speaker, this week, the the way that she interacts with them and German Shepherd Lex, whose master Cor- the twisting of the human soul required to shatter that peace and commit such a sense- builds connections with them.’’ poral Dustin Lee was killed in Iraq in 2007, is Amanda has always put her students first. returning to Washington. less act. It’s even more difficult to summon the restraint required to ease the trembling such She was instrumental in starting an art club at The RPG that killed his master also injured Riverbend Middle School five years ago and in Lex by sending shrapnel into his back. Lex’s hatred provokes. The enemy keeps innocents of all faiths in 2008, for her final project for her master’s de- pain has been very severe over the past three gree, Amanda involved her students by includ- years and also has a hard time walking. its sights. In August, men and women affiliated with a Christian non-government organization ing some of their artwork in her exhibit. Lex was able to be retired and in December Amanda Terhark is an incredible teacher, of 2007 he was officially adopted by Jerome working to provide eye care to people in re- mote and destitute areas of Afghanistan were and her dedication to her profession and to and Rachel Lee, the parents of Cpl Dustin her students should make every Iowan proud. Lee. executed in cold blood by the Taliban. In the last two weeks, a devastating and deadly It’s an honor to represent her and the people I would like to thank Gen. Mike Regner for of the Iowa Falls Community School District in helping get Lex retired and adopted by the bombing attack occurred during a worship service at a mosque in Pakistan. In the case the United States Congress, and I know that Lees, as their son would have wanted his my colleagues in the House join me in con- partner to be home with this family. of the recent cargo plane bombing attempt, the President indicated the bombing packages gratulating Amanda on this well-deserved This week Lex is traveling to DC for a visit award and thanking her for her dedicated to the Georgetown Veterinary Hospital. Dr. were addressed to Jewish synagogues in Chi- cago. These attacks are designed to bring di- service to her community and America’s Lee Morgan is performing stem cell therapy on youth. Lex to help relieve his pain and extend his life. vision where there is diversity, and chaos f The idea is to not only treat the pain, but to where there is stability. repair the damage done by the shrapnel alto- As time passes, as national debates and at- HONORING CARL DAY gether. tention shifts, it is easy for the real horror and This is a very important procedure for both tragedy of the terrorist attacks of September HON. STEVE AUSTRIA 11, 2001 to become faded and blurred memo- Lex and the Lee family, as they have all been OF OHIO ries. But the hateful ideology that drives these through so much together already. IN THE HOUSE OF REPRESENTATIVES Many individuals and organizations have attacks, the global movement to reject West- made it possible for Lex to receive this ther- ern culture and values and religion is still plot- Thursday, November 18, 2010 apy by donating time and money to the cause, ting, planning, and attacking where it can. We Mr. AUSTRIA. Madam Speaker, I rise today I would like to thank the Humane Society, were wrong to ignore the warning signs in the on behalf of the people of Ohio’s Seventh the American Kennel Club, the German Shep- 1990s, when we witnessed a steady esca- Congressional District to honor the life and herd Dog Club of Northern Virginia, Shoreline lation of attacks, which we treated as isolated memory of Carl Day. German Shepherd Dog Club, and the U.S. incidents. As Americans, as keepers of the As a 50-year veteran broadcaster, Carl Day War Dogs Association. truth that ‘‘He who gave us life, gave us lib- was known as the Voice of Dayton. According

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.024 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1972 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 to the Dayton Area Broadcaster’s Hall of Connecticut businesses. They have led the TRIBUTE TO MAGGIE PARKS Fame, Carl won more awards than any other way toward economic growth for the past hun- Ohio broadcaster. dred years, and I know they will continue to do HON. TOM LATHAM As a news anchor he worked for each of the so for the coming century. OF IOWA Dayton TV stations and WHIO Radio, winning The Chamber’s ingenuity and innovation IN THE HOUSE OF REPRESENTATIVES seven Emmys during his career. In 1998, The has served as the backbone of our region, Thursday, November 18, 2010 Associated Press renamed its Outstanding and I ask all of my colleagues to join with me, Achievement Award ‘‘The Carl Day Award for and the people of Connecticut, in recognizing Mr. LATHAM. Madam Speaker, I rise today Outstanding Achievement.’’ In 2009, Carl was the Eastern Connecticut Chamber of Com- to recognize Maggie Parks of Marshalltown, inducted into the Dayton Walk of Fame as rec- merce on their 100th anniversary. Iowa, as the recipient of the Art Educators of Iowa, AEI, 2010 Art Teacher of the Year ognition of his dedication to his job and his f community. In addition, he was a member of award for her dedication to her students and six broadcasting halls of fame. PERSONAL EXPLANATION art. She accepted the award on October 2, He was committed to his profession, but 2010 at the AEI conference in Sioux City, what he most will be remembered for is his HON. KEITH ELLISON Iowa. Maggie, who has been with the dedication to this community, his family and OF MINNESOTA Marshalltown Community School District for 13 friends. He was known to volunteer his time IN THE HOUSE OF REPRESENTATIVES raising funds for a variety of local entities. As years, is currently an art teacher at Fisher Ele- Thursday, November 18, 2010 the son of a military family, he was devoted to mentary School and at Woodbury Elementary our area veterans and the Wright-Patterson Mr. ELLISON. Madam Speaker, on Novem- School. The AEI Art Teacher of the Year Air Force Base community. ber 17, 2010, I inadvertently voted ‘‘yes’’ on award is the highest honor that can be given One of Carl’s aspirations was to create a rollcall No. 573 and I intended to vote ‘‘no.’’ by the organization. foundation to support young broadcasters. f One of Maggie’s goals is to help improve art With the establishment of A Brighter Day: The education throughout the state by serving on HONORING BETTY KNIGHT Carl Day Memorial Foundation, his family has boards and assisting other teachers. She is SCRIPPS made his plan a reality. responsible for starting a new mentoring pro- After a hard fought battle with cancer, Carl gram for first year art teachers in the state. Day, 72, passed away on November 17, 2010 HON. JOHN B. SHADEGG Maggie would keep a list of things that would surrounded by his son and daughter. Carl’s OF ARIZONA work and share it with other teachers in the life will continue to be an inspiration to all IN THE HOUSE OF REPRESENTATIVES state. In the past, Maggie was the president on those who loved him and to the community he Thursday, November 18, 2010 the AEI board and served in several capacities served so well. Mr. SHADEGG. Madam Speaker, I rise with organization. She is highly respected in f today to proudly recognize Betty Knight the school district as well as in the state of IN HONOR OF THE 100TH ANNIVER- Scripps, newspaper heiress, for her extraor- Iowa and is perceived by her peers as a lead- SARY OF THE EASTERN CON- dinary and generous charitable spirit, and her er at the school, district, and state level. NECTICUT CHAMBER OF COM- countless contributions to society. She is Maggie Parks is an incredible teacher, and MERCE viewed by many as America’s first lady of phi- her dedication to her profession and to her lanthropy. students should make every Iowan proud. It’s HON. JOE COURTNEY Mrs. Scripps and her late husband, Edward an honor to represent her and the people of the Marshalltown Community School District in OF CONNECTICUT W. Scripps, advanced the interests of freedom and a free press through their work as pub- the United States Congress, and I know that IN THE HOUSE OF REPRESENTATIVES lishers of a chain of newspapers throughout my colleagues in the House join me in con- Thursday, November 18, 2010 the United States, and through their active in- gratulating Maggie on this well-deserved Mr. COURTNEY. Madam Speaker, I rise volvement in the Inter-American Press Asso- award and thanking her for her dedicated today to honor The Eastern Connecticut ciation, which advanced the causes of inde- service to her community and America’s Chamber of Commerce. I want to recognize pendent journalism and a free press through- youth. their impressive 100th anniversary and cele- out Latin America. f brate this extraordinary milestone. In 1984, Mrs. Scripps established the Ed- HONORING TIMOTHY JAMES For the past century, the Chamber of Com- ward W. and Betty Knight Scripps Foundation PARNACOTT merce has worked hard to cultivate the econ- to serve mankind by supporting the advance- omy of eastern Connecticut. Through their ef- ment of health care, education, journalism, the forts, community and business leaders have First Amendment, and the arts and culture. HON. SAM GRAVES OF MISSOURI come together to strengthen eastern Connecti- For eight years, Mrs. Scripps served as IN THE HOUSE OF REPRESENTATIVES cut’s local economy. General Chairman of the Washington National It is a privilege to congratulate the Chamber Opera Ball raising record-breaking proceeds Thursday, November 18, 2010 on reaching this historic achievement. Their for the 50-year-old organization, bringing to- Mr. GRAVES of Missouri. Madam Speaker, impact has been felt throughout eastern Con- gether leaders of the diplomatic, government, I proudly pause to recognize Timothy James necticut and countless of small businesses corporate and arts communities in our Nation’s Parnacott. Timothy is a very special young have thrived because of the vision and the Capital. Mrs. Scripps has also chaired the man who has exemplified the finest qualities leadership the Chamber has provided. International Red Cross Ball in Palm Beach, of citizenship and leadership by taking an ac- Through innovative thinking, the Chamber’s Florida, and the English National Ballet Gala tive part in the Boy Scouts of America, Troop 1600 members have fostered a business cli- in London, England. 180, and earning the most prestigious award mate that meets the current and future needs Mrs. Scripps is undoubtedly one of Scripps of Eagle Scout. of eastern Connecticut. As the Chamber’s Health’s and Scripps Memorial Hospital La Timothy has been very active with his troop, members continue to work to grow our econ- Jolla’s most esteemed benefactors, as evi- participating in many scout activities. Over the omy, it is important to remember that they denced by her leadership, commitment and many years Timothy has been involved with have served as the voice of Connecticut busi- generosity. Mrs. Scripps has chaired the pres- scouting, he has not only earned numerous nesses for 100 years. tigious Candlelight Ball, which has raised merit badges, but also the respect of his fam- During these challenging times, it is easy to close to $20 million in philanthropic support for ily, peers, and community. Most notably, Tim- lose hope. We need to replace lost jobs and exceptional, life-saving care at the nonprofit othy has contributed to his community through we need to reinvigorate Connecticut’s econ- hospital. Mrs. Scripps continues the legacy of his Eagle Scout project. omy. If any of us are ever tempted to lose the Scripps family member who founded the Madam Speaker, I proudly ask you to join faith in our ability to persevere, we need only hospital in 1924. me in commending Timothy James Parnacott look to the shining example the Eastern Con- Madam Speaker, I ask that you and my col- for his accomplishments with the Boy Scouts necticut Chamber of Commerce has provided. leagues in the U.S. House of Representatives of America and for his efforts put forth in The Chamber has provided unwavering lead- join me in recognizing Betty Knight Scripps, an achieving the highest distinction of Eagle ership in its determination and advocacy for extraordinary American and humanitarian. Scout.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.027 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1973 REVISED SECTION-BY-SECTION Subsection (a)(5) amends Bankruptcy Code ties of the debtor. The amendment makes ANALYSIS FOR H.R. 6198 BANK- section 107(a), which pertains to public ac- several revisions. First, it deletes redundant RUPTCY TECHNICAL CORREC- cess to bankruptcy cases. The amendment text in subsection 521(a)(2)(A) and (B). Sec- corrects a drafting instruction error. ond, it restructures section 521(a)(2) to clar- TIONS ACT OF 2010 Subsection (a)(6) makes several amend- ify its meaning. Third, the amendment cor- ments to Bankruptcy Code section 109, which rects grammatical errors in paragraphs (3) HON. ROBERT C. ‘‘BOBBY’’ SCOTT sets forth the eligibility criteria for a debtor. and (4) of subsection 521(a). OF VIRGINIA Subsection (a)(6)(A) amends Bankruptcy Subsection (a)(17) amends Bankruptcy Code section 109(b)(3)(B) to add a missing pa- Code section 522, which concerns exemptions. IN THE HOUSE OF REPRESENTATIVES renthesis. Subsection (a)(6)(B) makes a con- The amendment corrects two grammatical Thursday, November 18, 2010 forming amendment to Bankruptcy Code errors in subsection 522(b)(3)(A). In addition, Mr. SCOTT of Virginia. Madam Speaker, a section 109(h)(1) to clarify that Bankruptcy it makes a conforming revision to subsection 522(c)(1). version of this section-by-section analysis was Code section 109(h)(4) is an exception. In ad- dition, subsection (a)(6)(B) clarifies that the Subsection (a)(18) amends Bankruptcy included in the RECORD during the debate on 180–day period ends on the date of the filing Code section 523, which pertains to the this bill. The version below incorporates a few of the petition. dischargeability of debts. The amendment modest but important clarifications. I would Subsection (a)(7) amends Bankruptcy Code corrects a punctuation error in subsection ask that in the permanent RECORD, the version section 110, which pertains to bankruptcy pe- 523(a)(2)(C)(ii)(II) and corrects an erroneous below replace the version now found in the tition preparers. It makes conforming statutory cross reference in subsection 523(a)(3). September 28, 2010 daily edition of the amendments to Bankruptcy Code section 110(b)(2)(A) and (h)(1) so that they conform Subsection (a)(19) amends Bankruptcy RECORD, beginning on page H7159. to other provisions in section 110 with re- Code section 524, which concerns reaffirma- H.R. 6198, THE BANKRUPTCY TECHNICAL spect to fees received by a petition preparer tion agreements, among other matters. The CORRECTIONS ACT OF 2010 SECTION-BY- on behalf of a debtor. In addition, subsection amendment makes several revisions. First, SECTION EXPLANATION (a)(7) restructures section 110(h)(3) to clarify it corrects erroneous terminology in sub- Sec. I. Short Title. Section 1 sets forth the the court’s authority to disallow fees under section 524(k)(3)(J)(i) and inserts a missing short title of the bill as the ‘‘Bankruptcy this provision. verb. Second, it corrects a punctuation error Technical Corrections Act of 2010.’’ Subsection (a)(8) amends Bankruptcy Code in subsection 524(k)(5)(B). Subsection (a)(20) amends Bankruptcy Sec. 2. Technical Corrections Relating to section 111, which concerns nonprofit budget Code section 526, which deals with restric- Amendments Made by Public Law 109–8. Sec- and credit counseling agencies and financial tions on debt relief agencies. The amend- tion 2 makes a series of technical corrections management instructional courses. The ment makes a conforming revision to sub- to the Bankruptcy Abuse Prevention and amendment corrects two typographical er- section 526(a)(2). It also adds a missing arti- Consumer Protection Act of 2005, Pub. L. No. rors in Bankruptcy Code section 111(d)(1)(E). 109–8 (2005 Act). cle to subsection 526(a)(4). The first error concerns incorrect punctua- Subsection (a)(21) amends Bankruptcy Subsection (a)(1)(A) amends section tion and the second error pertains to incor- Code section 527, which concerns disclosures 101(13A) of title 11 of the United States Code rect indentation of the subparagraph. by debt relief agencies. The amendment (Bankruptcy Code), which defines ‘‘debtor’s Subsection (a)(9) amends Bankruptcy Code makes a grammatical correction. principal residence.’’ The amendment clari- section 303, which pertains to involuntary Subsection (a)(22) amends Bankruptcy fies that the definition pertains to a struc- bankruptcy cases. The amendment corrects Code section 541, which deals with property ture used by the debtor as a principal resi- the misdesignation of subsection (1) by re- of the estate. The amendment corrects a dence. designating it as subsection (k). statutory reference to the Internal Revenue Subsection (a)(1)(B) amends Bankruptcy Subsection (a)(10) amends Bankruptcy Code of 1986 in section 541(b)(6)(B). Code section 101(35), which defines ‘‘insured Code section 308, which concerns reporting Subsection (a)(23) amends Bankruptcy depository institution.’’ The amendment cor- requirements for small business debtors. The Code section 554, which concerns abandon- rects erroneous statutory references in this amendment restructures subsection 308(b)(4) ment. The amendment corrects an erroneous provision. to clarify its intent. a statutory reference in subsection 554(c). Subsection (a)(1)(C) amends Bankruptcy Subsection (a)(11) makes two amendments Subsection (a)(24) amends Bankruptcy Code section 101(40B), which defines ‘‘patient to Bankruptcy Code section 348, which per- Code section 704, which pertains to duties of records.’’ The amendment clarifies that the tains to the effect of conversion of a case. the trustee. The amendment corrects an er- term means a record relating to a patient, First, it amends Bankruptcy Code section roneous statutory reference in subsection including a written document or an elec- 348(b) to strike references to Bankruptcy 704(a)(3). tronic record. Code sections 728(a), 728(b), 1146(a) and 1146(b) Subsection (a)(25) amends Bankruptcy Subsection (a)(1)(D) amends Bankruptcy as these provisions were eliminated by the Code section 707, which concerns dismissal of Code section 101(42), which defines ‘‘peti- 2005 Act. Second, it amends Bankruptcy Code a chapter 7 case or conversion to a case tion.’’ The amendment deletes the reference section 348(f)(1)(C)(i) to clarify that the pro- under chapter 11 or 13. The amendment to section 304 of the Bankruptcy Code, which vision applies with respect to the date of the makes several revisions. First, it corrects an was eliminated as a result of the 2005 Act, filing of the petition. erroneous statutory cross reference in sub- and adds a reference to section 1504, which Subsection (a)(12) amends Bankruptcy section 707(a)(3). Second, the amendment was added by the 2005 Act. Code section 362, which pertains to the auto- clarifies that the provision’s reference to Subsection (a)(1)(E) amends Bankruptcy matic stay, in several respects. First, the date means the date of the filing of the peti- Code section 101(51B), which defines ‘‘single amendment makes a stylistic correction to tion in subsection 707(b)(2)(A)(iii)(I). Third, asset real estate.’’ The amendment corrects subsection 362(a)(8) with respect to its ref- the amendment corrects an erroneous statu- a drafting error by reinserting a missing erence to a debtor that is a corporation. Sec- tory reference in subsection 707(b)(3). word. ond, it adds a missing article in subsection Subsection (a)(26) amends Bankruptcy Subsection (a)(1)(F), amends Bankruptcy 362(c)(3). Third, the amendment conforms the Code section 723(c), which pertains to the Code section 101(51D), which defines ‘‘small reference in subsection 362(c)(4)(A)(i) to rights of a partnership trustee against gen- business debtor.’’ The amendment clarifies ‘‘refiled’’ with subsection 362(c)(3) so that it eral partners. The amendment strikes a ref- that the debt limit specified therein is deter- applies to a case filed under a chapter other erence to Bankruptcy Code section 728, mined as of the date of the filing of the peti- than chapter 7 after dismissal of a prior case which was eliminated by the 2005 Act. tion. pursuant to Bankruptcy Code section 707(b). Subsection (a)(27) amends Bankruptcy Subsection (a)(1)(G) redesignates para- Fourth, it corrects an erroneous conjunctive Code section 724, which concerns the treat- graphs (56A) and (53D) of Bankruptcy Code in subsection 362(d)(4). Fifth, it corrects a ment of liens. The amendment clarifies cer- section 101 as (53D) and (53E), respectively. spelling error in subsection 362(1). tain statutory references in section 724(b)(2) Subsection (a)(2) amends Bankruptcy Code Subsection (a)(13) amends Bankruptcy and makes other clarifying revisions. section 103(a), which pertains to the applica- Code section 363, which concerns the use, Subsection (a)(28) amends Bankruptcy bility of chapters of the Code. The amend- sale, or lease of property. The amendment Code section 726(b), which concerns distribu- ment corrects an erroneous statutory ref- restructures subsection 363(d) to clarify its tion priorities in a chapter 7 case, to add a erence in this provision. intent. statutory reference to section 507(a)(9) and Subsection (a)(3) amends Bankruptcy Code Subsection (a)(14) amends Bankruptcy (10). section 105(d)(2), which pertains to status Code section 505, which pertains to the deter- Subsection (a)(29) amends Bankruptcy conferences. The amendment makes a gram- mination of tax liability. The amendment Code section 901, which concerns the applica- matical correction. corrects the provision’s use of terminology. bility of the Bankruptcy Code to munici- Subsection (a)(4) amends Bankruptcy Code Subsection (a)(15) amends Bankruptcy pality cases. The amendment adds references section 106(a)(1), which pertains to the waiv- Code section 507, which pertains to prior- to Bankruptcy Code sections 333, dealing er of sovereign immunity. The amendment ities. The amendment corrects a punctuation with the appointment of a patient care om- deletes a reference to Bankruptcy Code sec- error. budsman, and 351, concerning the disposal of tion 728, which was eliminated by the 2005 Subsection (a)(16) amends Bankruptcy patient records, both of which were added by Act. Code section 521, which pertains to the du- the 2005 Act.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.031 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1974 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 Subsection (a)(30) amends Bankruptcy Subsection (a)(47) amends Bankruptcy the Army and was a cavalry scout with the 1st Code section 1104, which pertains to the ap- Code section 1521(f) which concerns relief Squadron, 71st Cavalry Regiment. After his pointment of a trustee and examiner. The that may be granted upon recognition in a basic training he was stationed at Fort Drum, amendment restructures subsection 1104(a) chapter 15 case. The amendment corrects an to clarify the provision’s intent and how it erroneous statutory reference. New York in 2008 and was deployed to the relates to Bankruptcy Code section 1112(b), Subsection (a)(48) amends Bankruptcy Middle East as part of Operation Iraqi Free- as amended by the 2005 Act. In addition, it Code section 1529, which concerns the coordi- dom just a few months later. In 2010 Sergeant corrects an erroneous statutory reference in nation of a case under title 11 and a foreign Paranzino was sent to Afghanistan to support subsection 1104(b)(2)(B)(ii). proceeding. The amendment adds a missing Operation Enduring Freedom. He was recog- Subsection (a)(31) amends Bankruptcy word to section 1529(1). nized with more than 10 decorations for his Code section 1106, which pertains to the du- Subsection (a)(49) amends the table of sec- military service just after three-plus years, in- ties of a trustee and examiner. The amend- tions for chapter 3 of the Bankruptcy Code ment corrects two erroneous statutory ref- to correct an erroneous description of sec- cluding the Army Achievement Medal, the erences in section 1106(a). tion 333. Meritorious Unit Commendation, the Army Subsection (a)(32) amends Bankruptcy Subsection (a)(50) amends the table of sec- Good Conduct Medal, the National Defense Code section 1111, which concerns claims and tions for chapter 5 of the Bankruptcy Code Service Medal, the Afghanistan Campaign interests. The amendment corrects an erro- to correct an erroneous description of sec- Medal, the Iraq Campaign Medal, the Global neous statutory reference in section 1111(a). tion 562. War on Terrorism Service Medal, the Army Subsection (a)(33) amends Bankruptcy Subsection (b) amends section 157 of title Code section 1112(b), which sets forth the 18 of the United States Code, which concerns Service Ribbon, the Overseas Ribbon, the grounds for converting or dismissing a chap- bankruptcy fraud. The amendment removes NATO Medal and the Combat Action Badge. ter 11 case. The amendment restructures this superfluous references in this section. Today, as we celebrate the life and accom- provision to eliminate an internal redun- Subsection (c)(1) amends section 158 of plishments of this exceptional Rhode Islander, dancy. In addition, it corrects an erroneous title 28 of the United States Code, which per- my thoughts and prayers are with Sergeant statutory reference in section 1112(e). tains to bankruptcy appeals. The amend- Paranzino’s family and friends. Subsection (a)(34) amends Bankruptcy ment corrects a grammatical error in sec- We are all deeply indebted to Sergeant Code section 1127, which pertains to modi- tion 158(d)(2)(D). Paranzino for his service and his sacrifice. fication of a chapter 11 plan. The amendment Subsection (c)(2) amends section 159 of corrects an erroneous statutory reference in title 28 of the United States Code, which per- f section 1127(f)(1). tains to the collection of bankruptcy statis- HONORING BENJAMIN JAMES Subsection (a)(35) amends Bankruptcy tics. The amendment adds a missing word to Code section 1129(a), which sets forth the cri- section 159(c)(3)(H). PATRICK HUBER teria for confirmation of a chapter 11 plan. Subsection (c)(3) amends section 586 of The amendment makes a grammatical cor- title 28 of the United States Code, which con- HON. SAM GRAVES rection to section (a)(16). cerns the United States Trustee Program. OF MISSOURI Subsection (a)(36) amends Bankruptcy The amendment corrects a punctuation error IN THE HOUSE OF REPRESENTATIVES Code section 1141(d)(5), which concerns the in section 586(a)(3)(A)(ii), corrects erroneous effect of confirmation. The amendment clari- terminology in section 586(a)(7)(C), and Thursday, November 18, 2010 fies the intent of this provision. eliminates redundant language in section Mr. GRAVES of Missouri. Madam Speaker, Subsection (a)(37) amends Bankruptcy 586(a)(8). I proudly pause to recognize Benjamin James Code section 1145(b), which pertains to the Sec. 3. Technical Correction to Public Law applicability of securities laws. The amend- 109–8. Section 3 amends section 1406(b)(1) of Patrick Huber. Benjamin is a very special ment corrects an erroneous statutory ref- the 2005 Act to correct a spelling error. young man who has exemplified the finest erence in this section. f qualities of citizenship and leadership by tak- Subsection (a)(38) amends Bankruptcy ing an active part in the Boy Scouts of Amer- Code section 1202, which details the respon- TRIBUTE TO SERGEANT MICHAEL ica, Troop 180, and earning the most pres- sibilities of a trustee in a chapter 12 case. F. PARANZINO tigious award of Eagle Scout. The amendment corrects several erroneous Benjamin has been very active with his statutory references in section 1202(b). Subsection (a)(39) amends Bankruptcy HON. PATRICK J. KENNEDY troop, participating in many scout activities. Code section 1302, which details the respon- OF RHODE ISLAND Over the many years Benjamin has been in- sibilities of a trustee in a chapter 13 case. IN THE HOUSE OF REPRESENTATIVES volved with scouting, he has not only earned The amendment corrects several erroneous Thursday, November 18, 2010 numerous merit badges, but also the respect statutory references in section 1302(b)(1). of his family, peers, and community. Most no- Subsection (a)(40) amends Bankruptcy Mr. KENNEDY. Madam Speaker, I rise tably, Benjamin has contributed to his commu- Code section 1304, which concerns a chapter today to pay tribute to Sergeant Michael F. 13 debtor engaged in business. The amend- nity through his Eagle Scout project. Paranzino, from Middletown, Rhode Island, Madam Speaker, I proudly ask you to join ment corrects an erroneous statutory ref- who lost his life on November 5, 2010, of inju- erence in section 1304(c). me in commending Benjamin James Patrick Subsection (a)(41) amends Bankruptcy ries sustained while serving his country in Huber for his accomplishments with the Boy Code section 1307, which sets forth the Kandahar, Afghanistan. Scouts of America and for his efforts put forth grounds for converting or dismissing a chap- Sergeant Paranzino was the loving husband in achieving the highest distinction of Eagle ter 13 case. The amendment corrects several of Lindsey (Christopher) Paranzino and the Scout. erroneous statutory references in this sec- proud tither of Maxton and Logan of Fort tion. Drum, New York. He was assigned as a cav- f Subsection (a)(42) amends Bankruptcy alry scout to the 1st Brigade Combat Team, RECOGNIZING DIABETES Code section 1308, which concerns the filing 10th Mountain Division. AWARENESS MONTH of prepetition tax returns. The amendment Born in Newport, Rhode Island on Decem- clarifies several statutory references in sec- tion 1308(b)(2). ber 4, 1987, Sergeant Paranzino was the son HON. DANNY K. DAVIS Subsection (a)(43) amends Bankruptcy of Francis ‘‘Butch’’ and Melane C. Paranzino OF ILLINOIS Code section 1322(a), which pertains to the and the brother of Daniel F. Paranzino of Mid- IN THE HOUSE OF REPRESENTATIVES contents of a chapter 13 plan. The amend- dletown, Rhode Island. He was a 2006 grad- ment corrects an internal inconsistency. uate of Middletown High School. While he was Thursday, November 18, 2010 Subsection (a)(44) amends Bankruptcy a student at Middletown High School, he Mr. DAVIS of Illinois. Madam Speaker, I rise Code section 1325, which pertains to con- today to bring awareness to the disease of di- firmation of a chapter 13 plan. The amend- made trips to Nicaragua in January of 2005 ment adds a missing word to subsection and 2006 with the Northeast Volunteer Opto- abetes. This month has been set aside to in- 1325(a) and adds a missing parenthesis to metric Services to Humanity to provide hu- crease awareness of diabetes, its prevention subsection 1325(b)(2)(A)(ii). manitarian support to the disadvantaged and and ways to manage its impact. According to Subsection (a)(45) amends the heading of poor in Catarina and Nandasmo, Nicaragua. the Centers for Disease Control nearly 24 mil- Bankruptcy Code section 1511, to include a These trips provided life-expanding experi- lion Americans have diabetes. It is the seventh reference to section 302. ences for Sergeant Paranzino and were the leading cause of death in the United States Subsection (a)(46) amends Bankruptcy Code section 1519, which pertains to the re- precursor to many of the values he believed in and costs $174 billion in health care ex- lief that may be granted upon the filing of a along with the leadership skills that he dis- penses. Diabetes disproportionately impacts petition for recognition in a chapter 15 case. played as an Army Sergeant. the African American and Hispanic commu- The amendment corrects an erroneous statu- A year after his graduation from Middletown nities. It is estimated that nearly 3.7 million Af- tory reference in section 1519(f). High School, Sergeant Paranzino enlisted in rican Americans aged 20 years or older have

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.033 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1975 diabetes. African Americans are 1.8 times ice to our nation, he attended Boston Univer- the fore most prevalently on this one day of more likely to have diabetes as non-Hispanic sity where he starred for the Terrier football the year, I know—and all West Virginians whites. and baseball teams. Known as a selfless know, that these qualities live on throughout If diabetes is left untreated it often results in teammate with a tireless work ethic, Bill Tighe, the year in communities, large and small, blindness, kidney disease, amputations, nerve the incredible athlete was destined to be Bill urban and rural, throughout our State. damage, heart disease, stroke and ultimately, Tighe, the legendary coach. And, I believe that this Nation would be bet- death. However, diabetes can be managed Madam Speaker, Bill began his remarkable ter off if more Americans followed the example and prevented. A balanced diet and regular career at Wakefield High School in 1949 as an set in our State and devoted a greater share exercise could keep our citizens healthy. I am assistant football coach and was elevated to of their year, each year, to practicing the kind- pleased to have the headquarters for the head coach in 1957. During his 52 years as ness and generosity, as well as exercising the American Dietetic Association (ADA) in my head football coach at Wakefield High School, grit and determination that comprise the West Congressional District. The ADA is the fore- Malden High School and Lexington High Virginia character. most authority in providing nutrition counseling School, Bill won 9 league championships and I am reminded of our Senator Byrd, who throughout the country. In fact, the more than amassed an overall record of 268 wins, 232 would have marked his 93rd birthday on No- 71,000 registered dietitians and nutrition pro- losses and 13 ties. Bill’s commitment to excel- vember 20th, and his regular admonishment to fessionals who are members support the ‘‘eat lence is well known throughout Massachusetts West Virginians to hold on to those ‘‘old val- right’’ campaign targeted toward young people and New England, and he has been inducted ues’’ and to tap them for the betterment of the and older Americans. The work that they are into the Wakefield High School, Malden High Nation. He would have taken to the Senate doing is making a difference in the fight School, Lexington High School, Boston Uni- Floor in the days leading up to Thanksgiving against childhood obesity and diabetes and is versity, Massachusetts Football Coaches and to remind us all of our common history as improving the health of our nation. National Federation of Interscholastic Coaches Americans. He would have talked about the We must work to get Medical Nutrition Ther- Association Halls of Fame. principles upon which this Nation was founded apy covered by Medicare for beneficiaries di- Bill Tighe’s success on the football field is and urged us to set aside those petty dif- agnosed with pre-diabetes. Nutrition therapy surpassed only by the enormous impact he ferences that undermine our quest for the provided by registered dietitians has a proven has had on his players’ lives off the football common good. track record of preventing diabetes through field. Coach Tighe taught all the young ath- Oh, how we could use Senator Byrd’s wis- lifestyle changes than simply cannot be made letes under his tutelage the importance of sac- dom, his reasonableness, and his guidance without this assistance for the majority of rifice, discipline and commitment. Coach Tighe today. those who suffer. There are more than 57 mil- also stressed the importance of academic Our State has had more than its fair share lion people diagnosed with pre-diabetes— achievement and the value of a strong edu- of economic strife. But we hold tight to our meaning they are on their way to developing cation. He is credited with helping thousands faith and we marshal on, working hard side by full diabetes. By helping people with pre-dia- of young scholar athletes continue their edu- side, to create a better future for ourselves betes, Medicare will avoid having to pay for cation in college. and our children. the much more expensive treatment of diabe- Madam Speaker, on Thanksgiving morning In the wake of natural disasters, West Vir- tes and its debilitating side effects. It seems Bill Tighe will be surrounded by family, friends, ginians reach out to their neighbors to give prudent to assist our citizens with sound nutri- professional colleagues and former student whatever they can afford, and often more. It tion information and to help them make life- athletes in order to celebrate his legendary has never been the West Virginia way to turn style changes at a cost minimal to that of am- coaching career. I join them in thanking Coach our backs on those in need, and it has never putations and other treatments. Tighe for the amazing contributions he has been in the character of West Virginians to The real world impact of covering Medical made to the Towns of Wakefield and Lex- throw in the towel when things get tough. Nutrition Therapy is that we will shift from ington, the City of Malden, the Commonwealth So this Thanksgiving, as we pause to reflect health insurance to ‘‘health assurance’’ in our of Massachusetts and the United States of on our blessings and to express our thanks to efforts. Consider that the total cost of diabetes America. our Creator for all that we have, I hope that all in 2007 was determined to be $218 billion— f Americans will also commit to exhibiting the yes, billion with a ‘‘b’’. HONORING THE BEST OF AMERICA spirit that surfaces on this day throughout the I want to commend Jewel-Osco stores for year ahead. providing free nutrition education from reg- There is no challenge confronting us that we istered dietitians to individuals who shop at the HON. NICK J. RAHALL II cannot overcome if we join forces and put old- OF WEST VIRGINIA stores in Chicago and throughout the nation. fashioned American know-how to work. IN THE HOUSE OF REPRESENTATIVES These types of programs which pair phar- f macists and registered dietitians with con- Thursday, November 18, 2010 sumers will help in our awareness and edu- Mr. RAHALL. Madam Speaker, this Thanks- HONORING FRANK PUGH cation campaign. giving, as we have since the first, Americans Finally, I applaud those churches that have will set aside one day to focus on those bless- HON. LYNN C. WOOLSEY a focus on nutrition and exercise as a part of ings that have been granted to us. OF CALIFORNIA the well-being of their congregation. For the roof over our heads, for the health IN THE HOUSE OF REPRESENTATIVES f of our families, for the food on our plates—no Thursday, November 18, 2010 matter how simple the meal—for the hand that HONORING BILL TIGHE holds ours as we gather around the table, we Ms. WOOLSEY. Madam Speaker, I rise will, on this one very American day, bow our today to honor the work of Frank Pugh, the HON. EDWARD J. MARKEY heads in prayer and we will be truly thankful. outgoing 2010 President of the California OF MASSACHUSETTS To me, the best of America is on display at School Boards Association. His civic leader- IN THE HOUSE OF REPRESENTATIVES Thanksgiving. ship and commitment to education have bene- Here we stand, for example: we Americans, fitted students across Sonoma County and Thursday, November 18, 2010 facing difficult times, with our economy slug- California. Mr. MARKEY. Madam Speaker, I rise today gish, with far too many jobless, and far too Since he began teaching at Santa Rosa to honor and celebrate the coaching career of many others worrying about the future of their Junior College in 1979, Frank Pugh has distin- Mr. Bill Tighe. Coach Tighe is the oldest active own jobs. Yet, many of us will invite strangers guished himself as a dynamic educator in our high school head football coach in the country to our tables, or donate food to shelters, or community. His passion for electronics and at age 86. He will conclude his 52nd year as serve up turkey dinners at a local soup kitch- technology has made him not only an effective a head coach when his Lexington High School en, and we will appreciate even more deeply, lecturer, but a respected authority, author of squad meets their rival Burlington High School the grace of God that has spared us similar seven textbooks and four magazine articles in on Thanksgiving morning. trials. Even many of those who are struggling, his field. Coach Tighe was a standout three-sport whose tables may be leaner than usual, will Mr. Pugh has also taken on numerous lead- athlete at Ashland High School, and upon take the time to give of what they have so that ership responsibilities at administrative and graduation he served in the United States Air others do not go hungry on this day. advisory levels, contributing a teacher’s invalu- Force for three years as a P-38 crew chief Though that generosity, that neighborliness, able perspective to debates on the govern- during World War II. After completing his serv- the kindness, charity, and faithfulness come to ance of our schools and the future direction of

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.035 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1976 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 public education. He served for two years as computer networks have become an increas- retary of Homeland Security, that is respon- the occupational representative to the Santa ingly serious homeland security issue. Not sible for establishing risk-based, performance- Rosa Junior College Academic Senate, then only do they threaten the personal fortunes based standards and corresponding remedies, went on to serve as the Senate President for and identities of our citizens but also the effec- including penalties, for non-compliance with six years. Since 1990, Mr. Pugh has also tive functioning of our government, our infra- these standards. Similarly, to foster ‘‘buy-in’’ served on the Santa Rosa City Schools Board structure, our economy, and our national secu- for risk-based, performance-based standards of Education, holding the office of Board Presi- rity. As Americans at all levels of society— for the critical infrastructure firms, DHS is di- dent for a total of four terms. from their personal lives to their professional rected to develop the standards in consultation Most recently, Mr. Pugh has served as work—grow increasingly reliant on computers with a wide range of stakeholders—from the President of the California School Boards As- and those computers become ever more con- Intelligence Community to the heads of sector- sociation, an organization bringing together nected, the scope of this security vulnerability specific agencies to councils representing the California’s local K–12 school districts and continues to expand at a dizzying rate. Over interests of private sector companies—and county offices of education. An active member the past year or so, there has been an active subject the standards to the notice and com- of the CSBA Delegate Assembly since 1993, Congressional debate about what should be ment regulatory process. Mr. Pugh has worked tirelessly to support the done to address this significant homeland se- With respect to compliance, my bill directs organization’s commitment to researching and curity vulnerability. The introduction of the DHS to look at approaches to foster compli- advocating practices that serve the best inter- ‘‘Homeland Security Cyber and Physical Infra- ance—such as liability protection under the ests of students. structure Protection Act of 2010,’’ is intended Safety Act—and grants DHS the authority to During his tenure with CSBA, and through- to refocus the debate away from Presidential delegate enforcement to another Federal de- out his career, Mr. Pugh has remained a vocal Internet shut-down authority and other ‘‘what partment that has an existing regulatory au- advocate for our children. He understands that ifs’’ and back to the central Federal cyberse- thority over that sector. In some cases, dele- public education represents a promise to fu- curity challenge—the mismatch between the gation will prevent private sector firms from ture generations—a promise that knowledge Department of Homeland Security’s, DHS, being subjected to redundant and overlapping and perseverance can overcome adversity, designation, since 2003, as the ‘‘focal point for regulations. and that our democratic institutions can deliver security of cyberspace,’’ and the authorities To ensure compliance, civilian Federal net- opportunity for all—and he has worked to up- conferred to DHS to fulfill its cybersecurity works will be regularly monitored by DHS to hold and to strengthen that promise. mission with respect to networks operated by ensure that each agency is in compliance with Madam Speaker, I ask you to join me in Federal civilian agencies and critical infrastruc- the standards adopted by the Federal agency thanking Frank Pugh for his service on behalf ture. working group. The bill requires DHS to report of Sonoma County and California. His exam- The ‘‘Homeland Security Cyber and Phys- infractions and corresponding remedies to the ple reminds us of the value of public education ical Infrastructure Protection Act of 2010,’’ Office of Management and Budget, who, in and the importance of continuing to support seeks to enhance DHS’ cybersecurity capacity turn, is required to execute the corresponding and protect it. by authorizing the DHS Office of Cybersecurity penalty or remedy. My bill also includes a number of provisions f and Communications and creating a new Cy- bersecurity Compliance Division to oversee to improve the reporting of cyber incidents, the HONORING BRET MICHAEL the establishment of performance-based sharing of information on cyber threats, the BUSSINGER standards responsive to the particular risks to capacity of DHS to hire 500 additional cyber the (1) .gov domain and (2) critical infrastruc- professionals and the level of cybersecurity re- HON. SAM GRAVES ture networks, respectively. This bill is de- search and development activities. Taken together, the ‘‘Homeland Security OF MISSOURI signed to require DHS to work with network Cyber and Physical Infrastructure Protection IN THE HOUSE OF REPRESENTATIVES operators to develop tailored security plans that meet risk-based, performance-based Act of 2010,’’ will make our Nation more se- Thursday, November 18, 2010 standards, as is being done in DHS’ Chemical cure and better position DHS—the ‘‘focal point Mr. GRAVES of Missouri. Madam Speaker, Facility Anti-terrorism program. for the security of cyberspace,’’ under Home- I proudly pause to recognize Bret Michael ‘‘Homeland Security Cyber and Physical In- land Security Presidential Directive 7—to fulfill Bussinger. Bret is a very special young man frastructure Protection Act of 2010,’’ is focused its critical homeland security mission. I urge who has exemplified the finest qualities of citi- on providing the Department of Homeland Se- Members to join me and cosponsor this impor- zenship and leadership by taking an active curity, DHS, with the resources and authority tant, common-sense homeland security legis- part in the Boy Scouts of America, Troop 180, that it needs to fulfill its Federal responsibility lation. and earning the most prestigious award of as the protector of our Nation’s cyberspace. f Eagle Scout. Specifically, the bill seeks to give DHS the re- IN TRIBUTE TO MAJOR GENERAL Bret has been very active with his troop, source and authority needed to strengthen the POLLY A. PEYER participating in many scout activities. Over the cybersecurity of (1) Federal government net- many years Bret has been involved with works—the ‘‘.gov’’ domain—and (2) critical in- scouting, he has not only earned numerous frastructure in the private sector. HON. JIM MARSHALL OF GEORGIA merit badges, but also the respect of his fam- From a security and good-government IN THE HOUSE OF REPRESENTATIVES ily, peers, and community. Most notably, Bret standpoint, the way to deliver better cyberse- has contributed to his community through his curity is to leverage, modify, and enhance ex- Thursday, November 18, 2010 Eagle Scout project. isting structures and efforts, rather than make Mr. MARSHALL. Madam Speaker, it is with Madam Speaker, I proudly ask you to join wholesale bureaucratic changes. To that end, great pleasure that I rise today not only as the me in commending Bret Michael Bussinger for my bill authorizes a cybersecurity operation Representative of the 8th District of Georgia, his accomplishments with the Boy Scouts of within the Department of Homeland Security but also as a member of the House Armed America and for his efforts put forth in achiev- that not only runs parallel to the Department’s Services Committee, to honor the exemplary ing the highest distinction of Eagle Scout. infrastructure protection work but also service and accomplishments of Major Gen- f leverages, modifies, and enhances existing cy- eral Polly A. Peyer on the occasion of her re- bersecurity structures and programs. My bill tirement from the United States Air Force. H.R. 6423, THE ‘‘HOMELAND SECU- specifically directs DHS to issue risk-based, Maj. Gen. Peyer distinguished herself RITY CYBER AND PHYSICAL IN- performance-based cybersecurity standards through exceptionally meritorious service to FRASTRUCTURE PROTECTION for computer networks for systems in the .gov the Air Force and to the Nation during more ACT 0F 2010’’ domain and those within the private sector than thirty-four years of active military service that are within designated critical infrastruc- in peace and war, culminating as the Com- HON. BENNIE G. THOMPSON ture. manding General, Warner Robins Air Logistics OF MISSISSIPPI For DHS’ efforts to succeed, there needs to Center, Air Force Materiel Command, Robins IN THE HOUSE OF REPRESENTATIVES be ‘‘buy-in’’ on the front end and compliance Air Force Base, Georgia. on the hack end. The bill fosters ‘‘buy-in’’ from Madam Speaker, throughout her career, Thursday, November 18, 2010 the operators of the civilian Federal networks Maj. Gen. Peyer has been in the forefront of Mr. THOMPSON of Mississippi. Madam by establishing a working group comprised of Air Force logistics, serving in all command po- Speaker, illegal penetrations or ‘‘hacks’’ of Federal agencies, and chaired by the Sec- sitions from squadron to wing level and has

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.038 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1977 held major command and headquarters-level While I am happy for Francis to begin this HONORING DAVID S. AMERYUN positions. Among her many accomplishments, next phase of his professional career, make Maj. Gen. Peyer was directly responsible for no mistake about it, he will be greatly missed. HON. SAM GRAVES ensuring the highest quality support to mainte- He has been a valuable member and an irre- OF MISSOURI nance programs supporting the C–130, F–15, placeable part of my team, but I know I can IN THE HOUSE OF REPRESENTATIVES C–17, and C–5 aircraft, among others. Her continue to count on his advice and friendship Thursday, November 18, 2010 commitment to excellence directly led the in the years ahead. Warner Robins Air Logistics Center to garner Mr. GRAVES of Missouri. Madam Speaker, Madam Speaker, I would not be where I am I proudly pause to recognize David S. 61 national, Air Force, and command organi- today were it not for Francis’ dedication, serv- zational awards, and resulted in the Air Ameryun. David is a very special young man ice and hard work. On behalf of the people of who has exemplified the finest qualities of citi- Force’s ability to achieve goals set for the Florida’s Fourteenth Congressional District, I troop surge in Afghanistan, while simulta- zenship and leadership by taking an active want to thank Francis for his nearly ten years part in the Boy Scouts of America, Troop 180, neously supporting ongoing operations in Iraq. of service to the people of Florida and the Na- Dedicated to the well-being of Team Robins, and earning the most prestigious award of tion. He is my friend, he is a true public serv- Eagle Scout. Maj. Gen. Peyer oversaw the development of ant in every sense of the word, and I wish him the ‘‘You Matter’’ program to raise awareness David has been very active with his troop, all the best as he begins this new and exciting participating in many scout activities. Over the of suicide and develop understanding, recogni- chapter of his life with his family. tion, and skills to proactively prevent it. Maj. many years David has been involved with scouting, he has not only earned numerous Gen. Peyer was also a staunch advocate of f workplace safety and implemented the Com- merit badges, but also the respect of his fam- ily, peers, and community. Most notably, David mander’s Safe Site Challenge to implement te- IN HONOR OF ANGELO ROMEO, RE- has contributed to his community through his nets of OSHA Voluntary Protection Programs. SPECTED DIRECTOR OF THE Furthermore, Maj. Gen. Peyer and her hus- Eagle Scout project. GLOUCESTER COUNTY DEPART- Madam Speaker, I proudly ask you to join band, Colonel (Retired) Brian Grady, were MENT OF VETERANS AFFAIRS untiring advocates for various organizations, me in commending David S. Ameryun for his causes, and issues including one of our Na- accomplishments with the Boy Scouts of tion’s most outstanding gems, the Museum of HON. ROBERT E. ANDREWS America and for his efforts put forth in achiev- Aviation. ing the highest distinction of Eagle Scout. OF NEW JERSEY Madam Speaker, Major General Peyer f leaves the United States Air Force, the De- IN THE HOUSE OF REPRESENTATIVES IN MEMORY OF U.S. ARMY SPE- partment of Defense, the Nation, and the War- Thursday, November 18, 2010 CIALIST SHANNON ‘‘CHANEN’’ ner Robins Air Logistics Center stronger CHIHUAHUA through her vision and leadership. Her dedica- Mr. ANDREWS. Madam Speaker, I rise tion to excellence and devotion to duty, honor, today to honor the service of Angelo Romeo HON. SANFORD D. BISHOP, JR. and country have marked her distinguished as Director of the Gloucester County Depart- OF GEORGIA service. Her record of achievement and man- ment of Veterans Affairs. A resident of IN THE HOUSE OF REPRESENTATIVES ner of service throughout her long career in Newfield, New Jersey, Mr. Romeo has dem- Thursday, November 18, 2010 positions of enormous responsibility are com- onstrated a tireless work ethic and dedication mensurate with honoring her in the CONGRES- to Gloucester County veterans that deserves Mr. BISHOP of Georgia. Madam Speaker, I SIONAL RECORD. I thank her for her service. recognition. rise today to pay tribute to a brave soldier, a dedicated citizen of Thomasville, Georgia, and f Mr. Romeo’s life shows the strong influence a great American, U.S. Army Specialist Shan- of his mother and political mentor, Virginia TRIBUTE TO FRANCIS B. GIBBS non ‘‘Chanen’’ Chihuahua, who selflessly gave Romeo, the first woman elected to the his life while serving his country in Operation Newfield City Council. Following in her foot- HON. CONNIE MACK Enduring Freedom in Afghanistan. steps, Mr. Romeo first ran for a freeholder po- OF FLORIDA Specialist Chihuahua was born in 1985, and sition in 1972 and was later appointed to fill IN THE HOUSE OF REPRESENTATIVES was raised in Thomasville, Georgia. After Lee Ranstrom’s seat in 1974 before winning Thursday, November 18, 2010 graduating from Thomas County Central High his own election in 1975. He also served as a School in 2004, he attended Valdosta State Mr. MACK. Madam Speaker, I rise today to Captain in the U.S. Army from 1966–1969. University. He met his loving wife, Kristen, in honor one of my most trusted advisors and After a 20-year break from politics, Mr. July of 2006 and the two were married No- closest friends, Francis B. Gibbs, who is mov- Romeo joined the Department of Veterans Af- vember 4, 2006. ing on to new opportunities in the private sec- fairs in Gloucester County in 1998, where his Answering the call to service, he enlisted in tor. part-time position quickly flourished into a full- the U.S. Army. Specialist Chihuahua was as- Many staffers come and go on Capitol Hill, time leadership role. Mr. Romeo excelled at signed to the 1st Battalion, 327th Infantry as many Members can attest, but I’ve been finding and meeting the needs of veterans in Regiment, 1st Brigade Combat Team, 101st fortunate to have Francis at my side for over Gloucester County. Airborne Division (Air Assault), at Fort Camp- five years. He has been a dedicated public Mr. Romeo worked tirelessly to establish the bell, Kentucky. servant and a terrific sounding board for me, Veterans Affairs clinic and the Williamstown His awards and decorations include: Purple and he has been an incredible advocate and cemetery. Since the beginning of 2010, the VA Heart; Army Commendation Medal; Army mentor for my staff. clinic in Gloucester County has seen over Achievement Medal; National Defense Service Before serving as my Legislative Director 4,000 individuals with a combined 18,000 ap- Medal; Afghanistan Campaign Medal; Global and then my Chief of Staff, Francis worked for pointments. Furthermore, the State of New War on Terrorism Service Medal; Army Serv- Congressman ANDER CRENSHAW as his Legis- Jersey Chamber of Commerce and the U.S. ice Ribbon; NATO Medal; and Combat Medic lative Counsel. A native Floridian, Francis un- Small Business Administration awarded the Badge. derstands the values and attributes of our Veteran Small Business Advocate of the Year While deployed to Afghanistan, he was one great State. to Mr. Romeo. of several service members tragically killed on More importantly, Francis shares a strong November 12, 2010 when insurgents attacked passion for the ideals of freedom and free Mr. Romeo and his wife, Susan, have four his unit using small arms fire and rocket pro- markets. He is deeply committed to the Con- children and eight grandchildren whom they pelled grenades. He gave the ultimate sac- stitution and the principles of federalism, and plan to take to Disney World after he retires rifice; he died while trying to save a fellow sol- his work reflects his commitment to limiting the next month. dier, who was injured. size and scope of an ever-intrusive federal Madam Speaker, Angelo Romeo’s commit- Specialist Chihuahua’s death is a great loss government. A famous man once said, ‘‘No ment to Gloucester County and its veterans to this country, as he was a man of great man is entitled to the blessings of freedom un- must be recognized. I wish him the best in his promise and honor. He was described as an less he be vigilant in its preservation.’’ Francis future endeavors and thank him for his contin- energetic and positive person with a constant has been, and always will be, a true patriot ued service to the veterans of Gloucester smile. He was well regarded by his peers and and defender of freedom. County. known for his congeniality.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.040 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1978 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 His death is also a great loss to his loving Our committee recognizes the importance of letters be included in the Congressional family. He is survived by his wife, Kristen; two of H. Res. 1672, and the need for the resolu- Record. daughters, Sophia and Annabelle; his mother, tion to move expeditiously. Therefore, while Sincerely, we have a valid claim to jurisdiction over HOWARD L. BERMAN, Dennice Dinkins of Thomasville, Georgia; and this legislation, the Committee on Armed Chairman. father, Sebastian Chihuahua of Del Rio, Services will waive further consideration of f Texas. H. Res. 1672. I do so with the understanding Madam Speaker, U.S. Army Specialist that by waiving consideration of the resolu- HONORING JOEL LEIGHTON RONEY Shannon ‘‘Chanen’’ Chihuahua made the ulti- tion, the Committee on Armed Services does mate sacrifice for his country. His time on this not waive any future jurisdictional claim earth was too short. He was a proud Amer- over the subject matters contained in the HON. SAM GRAVES ican, a brave soldier, and a true family man. resolution which fall within its Rule X juris- OF MISSOURI diction. In life, he was loved and honored and in IN THE HOUSE OF REPRESENTATIVES death, he will be remembered by a grateful Please submit this letter and a copy of your response during consideration of the Thursday, November 18, 2010 nation. measure on the House floor. Thank you for Mr. GRAVES of Missouri. Madam Speaker, f the cooperative spirit in which you have I proudly pause to recognize Joel Leighton worked regarding this matter and others be- COMMEMORATING THE PERSIAN Roney. Joel is a very special young man who tween our respective committees. has exemplified the finest qualities of citizen- GULF WAR Very truly yours, IKE SKELTON, ship and leadership by taking an active part in SPEECH OF Chairman. the Boy Scouts of America, Troop 180, and HON. HOWARD L. BERMAN earning the most prestigious award of Eagle COMMITTEE ON VETERANS’ AFFAIRS, Scout. OF CALIFORNIA HOUSE OF REPRESENTATIVES, Joel has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES Washington, DC, November 15, 2010. participating in many scout activities. Over the Wednesday, November 17, 2010 Hon. HOWARD L. BERMAN, many years Joel has been involved with Chairman, Committee on Foreign Affairs, House scouting, he has not only earned numerous Mr. BERMAN. Madam Speaker, I would ask of Representatives, Washington, DC. merit badges, but also the respect of his fam- that this exchange of letters between myself DEAR MR. CHAIRMAN: On September 28, ily, peers, and community. Most notably, Joel and Chairman FILNER and Chairman SKELTON 2010, H. Res. 1672, commemorating the Per- has contributed to his community through his regarding H. Res. 1672 be submitted. sian Gulf War and reaffirming the commit- Eagle Scout project. ment of the United States towards Persian CONGRESS OF THE UNITED STATES, Gulf War veterans, was introduced in the Madam Speaker, I proudly ask you to join COMMITTEE ON FOREIGN AFFAIRS, House of Representatives. This measure was me in commending Joel Leighton Roney for HOUSE OF REPRESENTATIVES, his accomplishments with the Boy Scouts of Washington, DC, November 15, 2010. sequentially referred to the Committee on Veterans’ Affairs. America and for his efforts put forth in achiev- Hon. IKE SKELTON, Chairman, Committee on Armed Services, The Committee on Veterans’ Affairs recog- ing the highest distinction of Eagle Scout. Washington, DC. nizes the importance of H. Res. 1672 and the f DEAR MR. CHAIRMAN: Thank you for your need to move this resolution expeditiously. letter regarding H. Res. 1672, commemo- Therefore, while we have valid jurisdictional HONORING THE LIFE OF DR. W. rating the Persian Gulf War and reaffirming claims to this resolution, the Committee on HENRY MAXWELL the commitment of the United States toward Veterans’ Affairs will waive further consider- Persian Gulf War veterans. This measure was ation of H. Res. 1672. The Committee does so referred to the Committee on Foreign Af- with the understanding that by waiving fur- HON. ROBERT C. ‘‘BOBBY’’ SCOTT fairs, in addition to the Committee on ther consideration of this resolution it does OF VIRGINIA Armed Services, for a period to be subse- not waive any future jurisdictional claims IN THE HOUSE OF REPRESENTATIVES quently determined by the Speaker, in each over similar measures. Thursday, November 18, 2010 case for consideration of such provisions as I would appreciate the inclusion of this let- fall within the jurisdiction of the committee ter and a copy of your response during con- Mr. SCOTT of Virginia. Madam Speaker, I concerned. sideration of H. Res. 1672 on the House floor. rise today to mourn the loss of one of the I agree that the Committee on Armed Sincerely, Commonwealth of Virginia’s finest public serv- Services has certain valid jurisdictional BOB FILNER, ants, a great man of faith and a trusted friend, claims to this resolution, and I appreciate Chairman. your decision to waive further consideration former State Senator Dr. W. Henry Maxwell. of H. Res. 1672 in the interest of expediting This past Saturday, Dr. Maxwell passed away, CONGRESS OF THE UNITED STATES, and I would like to take a brief moment to cel- consideration of this important measure. I COMMITTEE ON FOREIGN AFFAIRS, understand that by agreeing to waive further Washington, DC, November 15, 2010. ebrate his life and legacy. consideration, the Committee on Armed Hon. BOB FILNER, A lifelong resident of Newport News, Dr. Services is not waiving its jurisdictional Chairman, Committee on Veterans’ Affairs, Maxwell was born on April 3, 1935, and grad- claims over similar measures in the future. Washington, DC. uated from Carver High School in 1951. Hav- During consideration of this measure on ing been raised in the church, Dr. Maxwell the House floor, I will ask that this exchange DEAR MR. CHAIRMAN: Thank you for your of letters be included for the record. letter regarding H. Res. 1672, commemo- nurtured a deep and abiding faith that eventu- Sincerely, rating the Persian Gulf War and reaffirming ally led him into the ministry. In 1967, he was the commitment of the United States toward HOWARD L. BERMAN, ordained into gospel ministry and he formal- Chairman. Persian Gulf War veterans. This measure was ized his calling, receiving both a bachelor of referred to the Committee on Foreign Af- theology degree and a doctorate of divinity fairs, in addition to the Committee on Vet- HOUSE COMMITTEE ON ARMED SERV- erans’ Affairs, for a period to be subse- from Virginia Seminary and College. ICES, HOUSE OF REPRESENTATIVES, quently determined by the Speaker, in each It is hard to separate the life and legacy of Washington, DC, November 16, 2010. case for consideration of such provisions as Dr. Maxwell from the history of Ivy Baptist Hon. HOWARD BERMAN; fall within the jurisdiction of the committee Chairman, Committee on Foreign Affairs, House Church, the institution that Dr. Maxwell faith- concerned. of Representatives, Washington, DC. fully led for 37 years. Under his leadership, DEAR CHAIRMAN BERMAN: I am writing to I agree that the Committee on Veterans’ the church grew in size, purchased a new you concerning H. Res. 1672, commemorating Affairs has certain valid jurisdictional house of worship, and established a child care the Persian Gulf War and reaffirming the claims to this resolution, and I appreciate and learning center. As a fitting tribute to his commitment of the United States towards your decision to waive further consideration years of dedicated service, Ivy Baptist erected Persian Gulf War veterans. This measure was of H. Res. 1672 in the interest of expediting the W. Henry Maxwell Family Life Center in consideration of this important measure. I referred to the Committee on Foreign Af- 1999. fairs, and in addition to the Committee on understand that by agreeing to waive further Armed Services, and Veterans’ Affairs, for a consideration, the Committee on Veterans’ If Dr. Maxwell’s only contribution to his com- period to be subsequently determined by the Affairs is not waiving its jurisdictional munity was as a pastor, he would have had a Speaker, in each case for consideration of claims over similar measures in the future. lasting legacy. But Dr. Maxwell was a civic ac- such provisions as fall within the jurisdic- During consideration of this measure on tivist and a public servant who was fond of tion of the committee concerned. the House floor, I will ask that this exchange saying: ‘‘If one was to be concerned about

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.043 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1979 man, he should be concerned about the laws USAF, Ret.; Major Durhl Caussey, USA, Ret.; HONORING SCOTT DAVIS that govern man.’’ Dr. Maxwell was an effec- 1st Lieutenant Scott Chase, USA; Colonel Ken GEISINGER tive and hard-working legislator and a strong Cordier, USAF, Ret.; Lt. Colonel Stoney voice for the downtrodden. When I first be- Green, USA; Captain Ray Morey, USAF; 1st HON. SAM GRAVES came involved in community activities and pol- Lieutenant Edwin Strom, USA; Sgt. Joe Wells, OF MISSOURI itics in my hometown of Newport News, I was USAF; Captain David Mills, USA, USAF; and IN THE HOUSE OF REPRESENTATIVES following in Dr. Maxwell’s footsteps. Dr. Max- Spec. 4 Jim Foster, USA. Thursday, November 18, 2010 well was serving as President of the Newport These veterans deserve our deepest grati- News branch of the NAACP when I came tude for their great sacrifice made in defense Mr. GRAVES of Missouri. Madam Speaker, back to Newport News after finishing law of liberty, freedom, and democracy. No words I proudly pause to recognize Scott Davis school, and I was honored to step into his can ever fully express our gratitude for all they Geisinger. Scott is a very special young man shoes in 1975 as President of the branch. Dr. have done for our country. Their patriotism, who has exemplified the finest qualities of citi- Maxwell ran for Newport News City Council in courage, and selflessness is commendable zenship and leadership by taking an active 1976. Although his campaign was unsuccess- and deserves our highest regard. part in the Boy Scouts of America, Troop 180, ful, the work of his campaign served as a and earning the most prestigious award of Madam Speaker, I ask my esteemed col- foundation for my successful run for the Vir- Eagle Scout. leagues to join me in expressing our gratitude ginia House of Delegates in 1977. During my Scott has been very active with his troop, for their service to this great Nation. tenure in the Virginia House of Delegates, Dr. participating in many scout activities. Over the Maxwell was a trusted advisor and friend. many years Scott has been involved with f When I was elected to the State Senate in scouting, he has not only earned numerous 1983, Dr. Maxwell was elected to my House of IN RECOGNITION OF THE HORACE merit badges, but also the respect of his fam- Delegates seat. We served as colleagues in WELLS CLUB OF CONNECTICUT ily, peers, and community. Most notably, Scott the Virginia General Assembly, until I was has contributed to his community through his elected to the U.S. House of Representatives Eagle Scout project. in 1992. Following my election, Dr. Maxwell HON. JOHN B. LARSON Madam Speaker, I proudly ask you to join me in commending Scott Davis Geisinger for was successfully elected to the State Senate. OF CONNECTICUT Dr. Maxwell’s tenure in the Virginia General his accomplishments with the Boy Scouts of Assembly as both a member of the House of IN THE HOUSE OF REPRESENTATIVES America and for his efforts put forth in achiev- Delegates and the State Senate, was charac- Thursday, November 18, 2010 ing the highest distinction of Eagle Scout. terized by a deep tie to the needs of his com- f munity. He was critical in obtaining state funds Mr. LARSON of Connecticut. Madam to restore the historic Newsome House and Speaker, I rise to recognize the Horace Wells PROTECTING HOMEOWNERS AND support its use as a community cultural center. Club of Connecticut. For over 100 years, this FORECLOSURE STABILIZATION He was an advocate for the continued oper- organization has been dedicated to promoting ACT OF 2010 ation of the Virginia School for the Deaf and the field of anesthesiology. This remarkable Blind. He was also instrumental in ensuring breakthrough in the field of medicine and den- HON. JIM McDERMOTT that judges in Virginia properly reflected the tistry has dramatically improved the comfort of OF WASHINGTON community they served. In addition to his for- patients during surgery and transformed once IN THE HOUSE OF REPRESENTATIVES mal duties as a member of the House of Dele- painful experiences into routine procedures. Thursday, November 18, 2010 gates and a State Senator, Dr. Maxwell was The Horace Wells Club of Connecticut was Mr. MCDERMOTT. Madam Speaker, in the engaged in many civic organizations. He was founded in 1894 by a group of dedicated den- midst of this recession, the American people a Life Member of the NAACP, member of the tists on the 50th anniversary of the discovery face impossible job prospects, decreased board of trustees of the Peninsula Economic of anesthesia. Since then, they have held an wages, and the continuing decline in the value Development Council, the United Way of the annual dinner and given out the Horace Wells of their homes. Reports show that 23 percent Peninsula, and the Newport News Alliance for Anesthesia Award to an individual who has of all residential properties are underwater and Youth. contributed to the advancement of the field of the foreclosure rates are only rising. Under- Madam Speaker, the city of Newport News anesthesiology. The event has been held at water homeowners are often ineligible for refi- has lost a great public servant and I have lost the historic Harford Club for the last 75 years. nancing, and are kept from restructuring the a dear friend. I want to extend my deepest This year’s event will be held on December mortgage debt on their primary home in bank- sympathies to Dr. Maxwell’s wife of 53 years, 11th, exactly 166 years to the date of anesthe- ruptcy. With banks being largely ineffective in Gladys, their children Walter, Ronald, and An- sia’s discovery. gela, great-grandchildren, sisters Pauline, Sal- modifying loans, homeowners are left with little The Horace Wells Club of Connecticut is choice but foreclosure. The American people lie, Shirley and Gwendolyn, brothers Wesley named after the Hartford dentist who discov- and Thomas, nieces, nephews, other family deserve better, and fixing this problem will ered that nitrous oxide could be used as anes- help the economy and American families. and friends and the Ivy Baptist Church com- thesia. Horace Wells pioneered this medical munity. The ‘‘Protecting Homeowners and Fore- advancement by first experimenting on himself closure Stabilization act of 2010’’ will give f during a tooth extraction. After his own suc- homeowners the ability to restructure the debt IN HONOR OF THE VIETNAM WAR cessful use of anesthesia, he worked tirelessly on their primary residence in bankruptcy. Fur- VETERANS FROM THE OAK to spread and advance this technology to im- thermore, homeowners will receive increased CLIFF LIONS CLUB prove the lives of people everywhere. He is fa- protection from foreclosure by the automatic mously quoted as wanting to see anesthesia stay in bankruptcy, and increased time to file HON. PETE SESSIONS become ‘‘as free as the air we breathe.’’ Hor- a plan in Chapter 13. Homeowners facing ace Wells has been recognized multiple times foreclosure have the additional benefit of waiv- OF TEXAS by the American Dental Association and the IN THE HOUSE OF REPRESENTATIVES er of the pre-filing counseling requirement to American Medical Association. Additionally, ensure minimal delay in accessing the court. Thursday, November 18, 2010 the State of Connecticut and the City of Hart- As a condition of filing, homeowners must cer- Mr. SESSIONS. Madam Speaker, I rise ford commissioned a bronze statue in 1874, tify that they requested a loan modification today to recognize the Vietnam War Veterans which sits at Bushnell Park in Hartford, CT to from their bank. of the Oak Cliff Lions Club. It is my great privi- this day. The ability to restructure the debt of all as- lege and pleasure to honor these individuals. Anesthesia’s abundant availability has con- sets in bankruptcy has long been enjoyed by On November 3, 2010, the Oak Cliff Lions tributed greatly to the relief of pain and suf- businesses. There is no reason that the Amer- Club paid special tribute to its members that fering and Horace Wells was instrumental in ican people should receive fewer protections served in the Vietnam War. This group of dis- this important medical breakthrough. I com- than businesses do in bankruptcy. The ‘‘Pro- tinct individuals includes Captain Stan mend the Horace Wells Club of Connecticut tecting Homeowners and Foreclosure Sta- Altschuler, USA; Petty Officer 2nd Class Rob- for honoring his contribution to medicine and bilization act of 2010’’ will help put American ert Bown, USN; Airman First Class Danny wish that they have a successful gala on De- homeowners on equal footing with the banks Boyce, USAF; Colonel Rich Buickerood, cember 11th. when working to save their homes.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.048 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1980 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 PERSONAL EXPLANATION Andy served as an inspiration to the people Madam Speaker, I proudly ask you to join of Hawaii and to the surfing community around me in commending Timmothy Hans-Robert HON. LINDA T. SA´ NCHEZ the world. He will be greatly missed. Hiller for his accomplishments with the Boy OF CALIFORNIA f Scouts of America and for his efforts put forth IN THE HOUSE OF REPRESENTATIVES in achieving the highest distinction of Eagle A TRIBUTE TO CALVIN ‘‘CAL’’ Scout. Thursday, November 18, 2010 WORTHINGTON f Ms. LINDA T. SA´ NCHEZ of California. Madam Speaker, unfortunately, I was unable HON. DANIEL E. LUNGREN CONGRESSIONAL RECOGNITION to be present in the Capitol for all votes on OF CALIFORNIA FOR PUEBLO DEL SOL ELEMEN- Thursday, November 18, 2010. However, had IN THE HOUSE OF REPRESENTATIVES TARY SCHOOL I been present, I would have voted as follows: Thursday, November 18, 2010 HON. GABRIELLE GIFFORDS ‘‘yea’’ on the Motion to Suspend the Rules Mr. DANIEL E. LUNGREN of California. OF ARIZONA and Pass S. 3774, Extending the deadline for Madam Speaker, I rise today to pay tribute to IN THE HOUSE OF REPRESENTATIVES Social Services Block Grant expenditures of Calvin ‘‘Cal’’ Worthington, a great American supplemental funds appropriated following dis- entrepreneur who is turning 90 years old this Thursday, November 18, 2010 asters occurring in 2008; ‘‘yea’’ on the Motion week. Ms. GIFFORDS. Madam Speaker, I rise to Suspend the Rules and Pass H. Con. Res. When I think of Mr. Worthington, the first today to recognize Pueblo Del Sol Elementary 329, Recognizing the 35th anniversary of the thing which comes to mind is that he is a true School in Sierra Vista, Arizona which has enactment of the Education for All Handi- ‘‘Renaissance Man.’’ He proudly served our been designated a 2010 National Blue Ribbon capped Children Act of 1975; ‘‘yea’’ on the country in the United States Army Air Corps in School. Motion to Suspend the Rules and Pass H. World War II as a B–17 Bomber pilot, and be- This is a significant honor for the students, Res. 1677, Condemning the Burmese re- cause of his heroic skills during the military parents, teachers, staff and administrators of gime’s undemocratic upcoming elections on campaign in Germany, he was awarded the Pueblo Del Sol, which is in Arizona’s 8th Con- November 7, 2010. Air Medal five times, as well as the Distin- gressional District. Pueblo Del Sol was among f guished Flying Cross. just four schools in the State of Arizona and HONORING SURFING LEGEND When Mr. Worthington returned to the 304 in the Nation to receive this prestigious ANDY IRONS States, he eventually became one of the most award. successful car salesmen in the country. With Principal Jim Sprigg as well as former Prin- his dealerships in five States, Cal quickly dem- cipal John Wilson, who retired last year, HON. MAZIE K. HIRONO onstrated an aptitude for drawing in cus- played major roles in leading the school to this OF HAWAII tomers. His name today still evokes memories award. I extend my congratulations to both of IN THE HOUSE OF REPRESENTATIVES of tantalizing jingles as well as images of zoo them for establishing and maintaining an out- Thursday, November 18, 2010 animals and stunts, as he is best known for standing tradition of educational excellence. Ms. HIRONO. Madam Speaker, I rise today his lively commercials with his ‘‘dog’’ Spot. His It also is important to note that this award to pay tribute to surfing legend Andy Irons, advertisements were received with high na- would not have been possible without the who passed away suddenly on November 2 at tional acclaim, due to the fact that Spot was dedication of Pueblo Del Sol students who the age of 32. A kama‘aina from Hanalei on never a dog. Instead, Spot was always an ex- come to school each day ready to learn and the island of Kauai, Andy Irons was one of the otic animal, such as a tiger, chimpanzee, lion, anxious to apply themselves to their edu- sport’s most recognized athletes with three bear, goose, rhinoceros, skunk, water buffalo, cation. The success of the students would not world championship titles, an accomplishment snake, elephant or seal. have been possible without the support and that no other male surfer from Hawaii has Mr. Worthington’s sense of humor, tremen- guidance given to them by their parents. been able to achieve. In all, Andy won 32 pro- dous business skills, love of music and the We have, unfortunately, become accus- fessional surfing contests, including 20 elite arts, and his desire to continually improve his tomed to hearing discouraging educational Association of Surfing Professionals World community will be his legacy. It is an honor to news. We are encouraged, however, that Tour tides and four Triple Crown tides. Cur- recognize Cal Worthington for his immense those affiliated with Pueblo Del Sol Elemen- rently ranked 16th in the world, Andy remains dedication to improving the quality of life for so tary School have shown that even with tight fi- the highest-ranked professional surfer from many individuals and for his commitment to nancial constraints, schools with students and Hawaii. excellence. He has served our Nation proudly teachers who are determined to succeed will Known for his powerful, fluid style and ability and I am privileged to say that he will always excel. to excel in all types of surf conditions, Andy be my friend. Happy 90th birthday, Cal; in dog The people of Sierra Vista and the members Irons was not only highly respected by surfers years you are now officially 630 years old! of the Sierra Vista Unified School District in Hawaii but also served as an ambassador f should be very proud to have such a stellar for Hawaii and the sport as he competed in school in their community. I share their pride HONORING TIMMOTHY HANS- and am pleased to have Pueblo Del Sol Ele- events all over the world. Andy always made ROBERT HILLER it a point to mentor local surfers and promote mentary School in my Congressional District as an example of the excellence that is pos- the sport in Hawaii, including hosting the Irons HON. SAM GRAVES Brothers Pine Trees Classic with his brother sible in our public education system. OF MISSOURI I am honored to recognize the students, Bruce for up-and-coming surfers on Kauai IN THE HOUSE OF REPRESENTATIVES parents, teachers, staff and administrators of over the past nine years. Although he went on hiatus from competing Thursday, November 18, 2010 Pueblo Del Sol on this outstanding national award. It is a testament to their dedication, professionally in 2008 and 2009, Andy made Mr. GRAVES of Missouri. Madam Speaker, perseverance and an unwavering commitment a comeback this year, winning the Billabong I proudly pause to recognize Timmothy Hans- to learning. Pro Teahupoo in Tahiti in September. He was Robert Hiller. Timmothy is a very special also expected to be a top contender in the young man who has exemplified the finest f Vans Triple Crown of Surfing this month on qualities of citizenship and leadership by tak- NATIONAL HISPANIC HERITAGE the North Shore of Oahu, a three-event series ing an active part in the Boy Scouts of Amer- MONTH 2009 that he won from 2002 to 2006. ica, Troop 180, and earning the most pres- Andy is survived by his wife, Lyndie, who is tigious award of Eagle Scout. HON. EDOLPHUS TOWNS expecting their first child next month; father, Timmothy has been very active with his OF NEW YORK Phil; mother, Danielle; and brother, Bruce. In troop, participating in many scout activities. IN THE HOUSE OF REPRESENTATIVES addition to the thousands of people who paid Over the many years Timmothy has been in- tribute to Andy at a memorial ‘‘paddle out’’ volved with scouting, he has not only earned Thursday, November 18, 2010 service at Hanalei Bay on the North Shore of numerous merit badges, but also the respect Mr. TOWNS. Madam Speaker, I rise today Kauai on November 14, thousands of fans, of his family, peers, and community. Most no- in support of the DREAM Act. friends, and competitors around the world held tably, Timmothy has contributed to his com- We are a nation built by the hard work and similar memorials in solidarity. munity through his Eagle Scout project. personal achievements of immigrants. We

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.052 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1981 must take strides to move immigration reform Army, Mr. Burstein was awarded both the IN HONOR OF GENERAL C. ROBERT forward and now is the time to do it. Now is Combat Infantryman Badge and the Bronze KEHLER, COMMANDER, AIR the time to help millions of young people Star Medal. FORCE SPACE COMMAND achieve the American Dream. Albert Burstein’s extraordinary accomplish- Improving access to education for immi- ments and steadfast devotion to public service HON. DOUG LAMBORN grants is an important piece of reform. Edu- continued after his departure from the military. OF COLORADO cation has always been a priority of mine and, Al served as a member of the New Jersey IN THE HOUSE OF REPRESENTATIVES in order to build a stronger nation, we should General Assembly from 1971 to 1981, during Thursday, November 18, 2010 encourage those who want to become Ameri- which he held several leadership positions, in- cans to pursue their education. Mr. LAMBORN. Madam Speaker, let me cluding Chairman of the Assembly Education The DREAM Act also allows for permanent take this opportunity to pay tribute to General Committee and Assembly Majority Leader. He resident status to be given to those who C. Robert Kehler. The President of the United remained committed to improving the quality served for two years in the military. It is only States nominated him to be the next Com- of schools in the State of New Jersey and fitting that we afford this status to individuals mander of United States Strategic Command. across the country, serving as a member and who are willing to lay down their lives if need General Kehler became Commander of Air chairman of numerous education commissions be for the protection of this great nation. Force Space Command in October 2007 and and boards. On the federal level, Mr. Burstein My esteemed colleagues, I urge you to up- he leads the world’s greatest space and was appointed by the Secretary of Health, hold the ideals of the American Dream; vote in cyberspace force. favor of the DREAM Act. Thank you. Education and Welfare to serve as Chairman General Kehler entered the Air Force in of the Model Adoption Legislation and Proce- f 1975 as a distinguished graduate of the Penn- dures Advisory Panel from 1978 to 1979. sylvania State University Air Force Reserve NATIONAL AWARD CENTER Mr. Burstein continues to provide his exper- Officer Training Corps program. His exemplary tise and leadership to the people of New Jer- Air Force career is marked by command at the HON. NICK J. RAHALL II sey as partner in a distinguished law firm in squadron, group and wing levels, and a broad OF WEST VIRGINIA Hackensack, New Jersey—Herten, Burstein, range of experience in intercontinental ballistic IN THE HOUSE OF REPRESENTATIVES Sheridan, Cevasco, Bottinelli, Litt & Harz, missile (ICBM) operations, space launch, space operations, missile warning, and space Thursday, November 18, 2010 L.L.C. He is an active member of his commu- nity and has been recognized for his legal control. Mr. RAHALL. Madam Speaker, for the last work in Bergen County. Mr. Burstein is a great General Kehler began his illustrious career several decades multi-billion dollar trade defi- source of pride and admiration for his loving as a Minuteman Combat Crewmember. His Air cits have continued to disadvantage American family, including his wife Ruth; his children Force journey would take him and his wife, industries and manufacturing, and that means Jeff, Diane, and Laura; and his grandchildren Marjorie, through a series of Air Force and American jobs. Businesses, like the National Alexandra, William, and Julia. Joint assignments. As the Chief of the Stra- Award Center, are working with employers tegic Missile Branch in the Secretary of the Air and employees to promote critical economic Madam Speaker, today I would like to con- Force’s Office of Legislative Liaison, he was priorities of higher productivity, more innova- gratulate Albert Burstein on being honored by the Secretary’s point man on Capitol Hill for tion and a strong, competitive work ethic. I the people of France and thank him for both matters regarding the President’s ICBM Mod- commend these national priorities to all com- his military heroism and his lifelong commit- ernization Program. As Director of the National panies, organizations and related government ment to serving our great Nation. I am grateful Security Space Office, he integrated the activi- agencies, federal, state and local which are to have had such a dedicated and outstanding ties of a number of space organizations on be- trying to level the playing field for the United individual as an honored friend and role model half of the Under Secretary of the Air Force States in the global marketplace. I congratu- for over 30 years. and Director, National Reconnaissance Office. late the National Award Center in its inaugural Prior to assuming his current position, General year. f Kehler was the Deputy Commander, U.S. f Strategic Command. HONORING THOMAS ANDREW In his current assignment as Commander, HONORING ALBERT BURSTEIN’S GEISINGER Air Force Space Command, General Kehler is APPOINTMENT AS CHEVALIER responsible for organizing, equipping, training OF THE FRENCH LEGION OF and maintaining mission-ready space and HONOR HON. SAM GRAVES cyberspace forces and capabilities for North OF MISSOURI American Aerospace Defense Command, U.S. HON. STEVEN R. ROTHMAN Strategic Command, and other combatant IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY commands around the world. He provides in- IN THE HOUSE OF REPRESENTATIVES Thursday, November 18, 2010 spirational leadership to more than 46,000 personnel responsible for mission areas rang- Thursday, November 18, 2010 Mr. GRAVES of Missouri. Madam Speaker, ing from assured access to space to on-orbit Mr. ROTHMAN of New Jersey. Madam I proudly pause to recognize Thomas Andrew space operations, space situational aware- Speaker, I rise today to recognize my dear Geisinger. Thomas is a very special young ness, and cyberspace operations. General friend Mr. Albert Burstein upon his appoint- man who has exemplified the finest qualities Kehler’s dynamic leadership capabilities were ment as Chevalier of the Legion of Honor by of citizenship and leadership by taking an ac- vital to the transfer of the ICBM mission to the the President of the French Republic, Mr. tive part in the Boy Scouts of America, Troop newly established Air Force Global Strike Nicolas Sarkozy. This prestigious distinction 180, and earning the most prestigious award Command and in standing up the 24th Air was conferred upon Mr. Burstein on Novem- of Eagle Scout. Force to execute the Air Force’s cyberspace ber 11, 2010 to express the deep appreciation mission. His decisive and visionary leadership Thomas has been very active with his troop, and gratitude of the French people for his con- of Air Force Space Command earned National participating in many scout activities. Over the tribution to the liberation of their country during Defense Industrial Association recognition as many years Thomas has been involved with World War II. the 2009 Hartinger Award winner for ‘‘Out- Mr. Burstein joined the United States Army scouting, he has not only earned numerous standing Achievement in the Military Space on May 8, 1943 in Fort Dix, New Jersey. He merit badges, but also the respect of his fam- Mission of the United States.’’ became a member of the 44th Infantry Divi- ily, peers, and community. Most notably, Madam Speaker, the American people have sion and was soon shipped overseas, where Thomas has contributed to his community been fortunate to have General Kehler serving his outfit was quickly engaged in combat in through his Eagle Scout project. as the Commander of Air Force Space Com- the south central region of France. Having re- Madam Speaker, I proudly ask you to join mand for the past three years. Marjorie, and ceived Army specialized training in the Ger- me in commending Thomas Andrew Geisinger their two sons, Matt and Jared, can be proud man language, Mr. Burstein was placed in for his accomplishments with the Boy Scouts of his fine character and dedication to service. charge of troops at the front lines in order to of America and for his efforts put forth in He will be greatly missed in Colorado Springs, watch for oncoming German counter attacks. achieving the highest distinction of Eagle but the community’s loss is the country’s gain. Following his honorable discharge from the Scout. I know my fellow Members of the House of

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.056 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1982 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 Representatives will join me in thanking him tist Church in Brooklyn, New York, where Rev. duty during World War II. Robert Keller be- for his continued commitment to his country. Dr. Johnny Ray Youngblood has served as came an exceptional Naval aviator, serving in f Senior Pastor for the past thirty-five years. World War II, Korea, and Vietnam. He further Rev. Brawley served as Dr. Youngblood’s As- distinguished himself as an aviator by flying HONORING DR. GRACIELA sistant Pastor beginning in 1995, and in Janu- both fixed-wing aircraft and helicopters. In SARMIENTO OF ARROYO ary 2008, was named Pastor Successor of St. Vietnam, he flew with his son, Bob, Jr., on a GRANDE, ROGER LYON OF Paul Community Baptist Church. helicopter mission as well as a fixed-wing air- CAYUCOS, DR. JAMES THORTON During his tenure at St. Paul, Rev. Brawley craft mission. Through the course of his ca- OF ARROYO GRANDE AND CAL has served in a large number of roles, includ- reer, General Keller earned the Silver Star POLY SAN LUIS OBISPO STU- ing: Coordinator of the Men-in-Training pro- Medal, three Distinguished Flying Crosses, DENT AND PARAMEDIC ANDREW gram for the St. Paul Community Board of El- and three awards of the Legion of Merit. He THIEL ders, pastoral counseling, officiating at sacred retired as the Commanding General, Marine events such as weddings, baby dedications, Corps Development and Education Command, HON. LOIS CAPPS and home going services, community orga- Quantico, on July 1, 1972. OF CALIFORNIA nizing, leading worship services, and as an Over the course of his distinguished career IN THE HOUSE OF REPRESENTATIVES on-call teacher to the congregation. His orga- and his various billets, General Keller served nizing efforts play a dynamic role in the our nation with great pride and dedication. He Thursday, November 18, 2010 church’s community development activities continued to uphold the Marine Corps values Mrs. CAPPS. Madam Speaker, I rise today where he serves as a member of the Govern- of honor, courage, and commitment through- with a heavy heart. Last month, four cherished ance Board and Strategy Team of East Brook- out the rest of his life. members of my community on the California lyn Congregations, EBC, an organization Madam Speaker, on behalf of the United Central Coast died when their plane carrying which has been at the forefront of construction States Congress, I am proud to recognize medical supplies crashed in Mexico. All four projects that have resulted in over 3000 af- Lieutenant General Robert P. Keller’s im- were participating in a humanitarian mission fordable homes in Brooklyn. Rev. Brawley has mense contributions to our national security with the Flying Samaritans aid organization. been an outspoken advocate for public school through his lifelong leadership and service to The tragic loss of Dr. Graciela Sarmiento of reform and has addressed issues such as the United States Marine Corps and this great Arroyo Grande, Roger Lyon of Cayucos, Dr. public safety, housing, and quality of life con- nation. General Keller was preceded by his James Thorton of Arroyo Grande and Cal Poly cerns on behalf of neighborhood residents. wife Lucille and is survived by children, Ron- San Luis Obispo student and paramedic An- Rev. Brawley’s community involvement also ald, Robert, Anne, and Joan, grandchildren, drew Thiel has been of tremendous shock and includes his role as Vice President of and great-grandchildren. I would like to offer heart-ache to our close community. That these E.D.I.F.Y. Communities of East New York. my sincere condolences. Northwest Florida four selfless and dedicated individuals would E.D.I.F.Y., which stands for Empower, De- mourns the loss of a respected patriot. To his pass on so suddenly and in an act of such velop and Improve Families and Youth, seeks family and friends, he will forever be remem- generosity is all the more painful. to increase the vitality and value of urban bered as a loving husband, father, grand- As our community grieves, we have pledged communities by pooling resources and chari- father, great-grandfather, and friend; to all, he to honor the work of Graciela, Roger, James table funds. will forever be remembered as a great Amer- and Andrew in our own lives. In death, these Rev. Brawley’s four principles for a strong, ican hero. remarkable people have reminded us in the productive ministry are: creating a thriving f most powerful and tragic of ways that life is worship experience; actively engaging in com- short, and that genuine generosity knows no munity organizing; edifying God’s people; and RECOGNIZING BREESE MATER DEI bounds. becoming a beacon of economic development FOR WINNING THE VOLLEYBALL While they were at different stages in life, all for the community the ministry serves. As a STATE CHAMPIONSHIP four were known to their families, friends and pastor, Rev. Brawley possesses the gifts of neighbors as bighearted, intellectually curious exhortation, inspiration, motivation, and en- HON. JOHN SHIMKUS and passionate about contributing to the com- couragement, which he shares in worship OF ILLINOIS munity and world around them. In leading services and across the nation at men’s con- IN THE HOUSE OF REPRESENTATIVES through example, Graciela, Roger, James and ferences, revivals, and youth group program- Thursday, November 18, 2010 Andrew demonstrated that there are no limits ming. when working to make this world a better In 2004, Rev. Brawley earned his Master’s Mr. SHIMKUS. Madam Speaker, I rise today place. degree in Theological Studies from the Faith to recognize the achievements of a talented I urge all my colleagues to celebrate the Seminary of Tacoma, Washington. He is cur- group of student-athletes from Breese, Illinois. lives of Graciela, Roger, James and Andrew rently pursuing his doctorate in ministry at The Breese Mater Dei Knights volleyball with their own acts of generosity and to pray Faith Seminary. team recently captured the Illinois High School for their surviving families and friends. Thank Rev. Brawley resides in Brooklyn, New York Athletic Association Class 3A State Title and you and I yield back. with his wife Debra and their two children, finished the season with an outstanding 41-1 f Rhonesha and Michael. record. The Knights lost the first set of the Madam Speaker, I urge my colleagues to championship match to Joliet Catholic 25-15, A TRIBUTE TO REVEREND DAVID join me in recognizing the contributions of but fought back and captured the last two sets K. BRAWLEY Rev. David K. Brawley. 25-18 and 26-24 to secure the state cham- f pionship. HON. EDOLPHUS TOWNS I would like to congratulate Head Coach OF NEW YORK HONORING THE LIFE AND SERVICE Fred Rakers and Assistant Coach Chad IN THE HOUSE OF REPRESENTATIVES OF LIEUTENANT GENERAL ROB- Rakers for all of their hard work with the team. ERT P. KELLER, USMC (RET.) But most of all, I want to congratulate the Thursday, November 18, 2010 2010 state champion volleyball team from Mr. TOWNS. Madam Speaker, I rise today HON. JEFF MILLER Breese Mater Dei: Samantha Bedard, Kaley in recognition of Rev. David K. Brawley. OF FLORIDA Boeckmann, Chelsea Crocker, Kayla Reverend David K. Brawley’s commitment IN THE HOUSE OF REPRESENTATIVES Eversgerd, Alyssa Hitpas, Bailey Kampwerth, to the call and demands of ministry is evi- Emily Koelling, Alison Lampen, Abby denced in his leadership and his availability. Thursday, November 18, 2010 Luebbers, Mallory Mensing, Alison Mueller, At the age of sixteen, Rev. Brawley re- Mr. MILLER of Florida. Madam Speaker, it Ashley Rakers, Brooke Schulte, Nicole sponded to God’s will and was ordained by is with great honor that I rise to recognize the Strieker, Abbey Winter. Rev. Winifred Pippen of First Baptist Church in life and service of Lieutenant General Robert These young ladies have represented them- Deer Park, New York. He became the Youth P. Keller, USMC (Ret.). selves, their school and their community in an Minister at First Baptist, where he maintained Robert Keller was born in Oakland, Cali- exemplary fashion and I want to join with all his membership for thirteen years. fornia, on February 9, 1920. As part of the the members of this House in wishing them In 1994, Rev. Brawley began his full time Greatest Generation, he joined the United continued success in their athletic and aca- career in ministry at St. Paul Community Bap- States Marine Corps and answered his call to demic endeavors.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\K18NO8.018 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1983 RECOGNIZING THE BUILDING RE- Her life was historic in many ways, yet she proving the lives of others. Whether it was or- DEDICATION AND RIBBON CUT- will be remembered not only for the lives she ganizing a campaign in college to stop drug TING OF VIENNA ELEMENTARY saved as a physician but also for the lives she use on campus, starting non-profit groups to saved as an advocate for the unborn. improve the lives of his church community or HON. GERALD E. CONNOLLY From the earliest years of the right to life working for the Federal Government to im- OF VIRGINIA movement, she dedicated herself to the prove the voting system, he has been and will cause, always beautifully articulating the hu- IN THE HOUSE OF REPRESENTATIVES continue to be a true asset to the state of New manity of unborn children. Poised and pas- Jersey. And while we were once adversaries Thursday, November 18, 2010 sionate, always focused and extremely de- in a political campaign, I am honored now to Mr. CONNOLLY of Virginia. Madam Speak- voted, she made history and inspired an entire call him a good friend. er, I rise to recognize the rededication of Vi- generation of pro-life leaders. Reverend Soaries’ leadership positions with- enna Elementary School. Founded in 1872, Dr. Jefferson was among the founders of in our community, State and Federal Govern- Vienna Elementary is the oldest continually the National Right to Life Committee (NRLC) ments show the commitment he has to helping operational school in Fairfax County. Today, and from 1975–1978 she served three terms people move forward. As the Secretary of we are celebrating the completion of upgrades as President of NRLC. She also served as di- State for New Jersey, he was the first African- that will improve the classroom experience for rector of Massachusetts Citizens for Life and American male to serve as a constitutional of- educators and children in our community. a board member of American Life League. ficer and worked across party lines to achieve Vienna Elementary School is one of the fin- She was also a founding member of the board progress in the government, including in- est public schools in the country. Its mission is and a past president of the Value of Life Com- creased funding for the arts. to challenge and support individual excellence mittee of Massachusetts and was active in His time as a Secretary of State and his by setting high academic standards and em- Black Americans for Life. years of ministry prepared him to be the first powering students to become successful citi- Among all of her accolades and accomplish- chairman for the Federal Election Assistance zens. As a sign of its success, Virginia Gov- ments, she should be best known for her own Commission. The agency was created to help ernor Tim Kaine and the State Board of Edu- eloquent description of why she stood in soli- improve the election system in America and to cation awarded Vienna Elementary the Board darity with the unborn fighting day in and day stay ahead of the curve on technological ad- of Education Excellence Award. The award out for their first right, the right to life. In her vancements in voting. Reverend Soaries’ char- recognizes a school’s ability to successfully own words, acter was tested as he helped get the agency meet benchmark standards in academic per- ‘‘I became a physician in order to help save off the ground without the resources originally formance, and it also recognizes progressive lives. I am at once a physician, a citizen, and promised. While not all of the plans were ac- improvement over time. a woman, and I am not willing to stand aside complished during his time as chairman, Rev- Vienna Elementary School is strengthened and allow the concept of expendable human erend Soaries did lay the ground work for the by its superb staff and also by an engaged lives to turn this great land of ours into just an- operation of the EAC. and active public. The strong support of par- other exclusive reservation where only the I have appreciated Reverend Soaries insight ents and area organizations teamed with the perfect, the privileged, and the planned have and collaboration with my efforts to enact elec- dedication of the school educators and admin- the right to live.’’ tion reform. His contributions have strength- istration provides an atmosphere that enables Dr. Jefferson was always graceful. She em- ened my election reform legislation, and I children to have new opportunities and access bodied compassion. Her life is an example to greatly value his efforts. to robust academic support. us of the impact of faithful devotion to the Madam Speaker, I ask that my colleagues sanctity of human life. Dr. Jefferson knew that Reverend Soaries has also made significant join me in recognizing the rededication of Vi- you cannot speak of human and civil rights, contribution to his community and the con- enna Elementary School. I extend my con- while precluding virtually all protection to the gregation of the First Baptist Church of Lincoln gratulations and appreciation to the teachers, most persecuted minority in the world today: Gardens over the last twenty years. He has administrators, staff, parents and community unborn children. and is continuing to help create better family partners who understand that quality edu- She reminded us all, ‘‘The right-to-life cause units by encouraging people to become foster cation is the key to a bright future for our chil- is not the concern of only a special few but it parents or adopt. He is also creating new dren. should be the cause of all those who care homes for low and moderate income families, while providing numerous financial and em- f about fairness and justice, love and compas- sion and liberty with law.’’ ployment support groups to meet the needs of DR. MILDRED JEFFERSON IN- Dr. Jefferson is correct when she said,—the the community. Recently, he hosted a pro- SPIRED AN ENTIRE GENERATION cause for the right to life concerns all of us. gram that allowed those who had run into OF PRO-LIFE LEADERS Someday, when our goal of ending abortion is trouble with the law to come to church and finally realized, future generations of Ameri- deal with their pending arrest warrants or HON. CHRISTOPHER H. SMITH cans will look back on us and wonder how other legal issues in a safe environment. The First Baptist Church of Lincoln Gardens OF NEW JERSEY and why such a rich and seemingly enlight- has grown from a parish of a few to over IN THE HOUSE OF REPRESENTATIVES ened society, so blessed and endowed with the capacity to protect and enhance vulner- 6,000 people. However the goals of improving Thursday, November 18, 2010 able human life, could have instead permitted, the community have not changed. Reverend Mr. SMITH of New Jersey. Madam Speaker, and even promoted, death to children and ex- Soaries has helped the church maintain their today, I want to recognize and honor the life ploitation of women by abortion. goals of ‘‘spiritual growth, educational excel- of Dr. Mildred Jefferson, who passed away on It was an honor to work alongside Dr. Jef- lence and economic empowerment’’ through October 15, 2010, at the age of 84. ferson to fight the injustice of abortion, and I his continuous dedication to creating a debt Dr. Jefferson was a trailblazer of her time. know her legacy and memory will live on in free parish. He has created a four part pro- She was the first African-American woman to the lives of those who knew her and in the gram called ‘‘dfree’’ that teaches people how graduate from Harvard Medical School, the lives of the unborn children she helped save. to live a financially responsible life and get out of debt. Reverend Soaries facilitated the con- first female surgical intern at Boston City Hos- f pital and the first woman admitted to member- struction of the inspirational $17 million church ship in the Boston Surgical Society. HONORING REVEREND DEFOREST complex that makes possible a number of Dr. Jefferson was born in Pittsburg, Texas, B. SOARIES church programs and has greatly benefited the on April 6, 1926, to Gurthie Jefferson, a min- surrounding community and Central New Jer- ister, and Millard Jefferson, a schoolteacher. HON. RUSH D. HOLT sey. She graduated from Texas College in Tyler OF NEW JERSEY Reverend Soaries is a valued pastor of his and earned a master’s degree from Tufts Uni- IN THE HOUSE OF REPRESENTATIVES parish and I congratulate him on the celebra- versity in Medford, Massachusetts before at- tion of his 20th anniversary with the First Bap- tending Harvard Medical School. In her life- Thursday, November 18, 2010 tist Church of Lincoln Gardens, and look for- time she also was the recipient of 28 honorary Mr. HOLT. Madam Speaker, Reverend De- ward to the accomplishments yet to come in degrees. Forest B. Soaries has dedicated his life to im- the next 20 years.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\K18NO8.023 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1984 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 THE SOCIAL SECURITY WIDOWS ognize the recipients of the 2010 Volunteer of Spencer Disher was born in Darlington, AND SPOUSAL PROTECTION ACT the Year Awards. South Carolina, and graduated as Salutatorian NOVACO is committed to helping homeless of his class at Mayo High School. He earned HON. CHELLIE PINGREE victims of domestic violence become healthy, a Bachelor of Science degree in Chemistry OF MAINE secure, and self-sufficient. Victims of domestic from South Carolina State College, now Uni- IN THE HOUSE OF REPRESENTATIVES violence often feel that they have no safe versity, and entered Meharry Medical College place to turn. Fear, financial uncertainty, and in Nashville in 1956. Following graduation, he Thursday, November 18, 2010 the feeling of isolation often imprison these trained for a year at Kate B. Reynolds Hospital Ms. PINGREE of Maine. Madam Speaker, I victims in abusive environments. When a vic- and served two years in the U.S. Army. While am here today to introduce a bill that address- tim breaks free, he or she can too easily end serving as an Army Captain, Dr. Disher was es a serious problem that affects many retired up homeless and alone. the Chief Physician for the Pentathlon athletes federal and state employees in Maine and Domestic violence affects every racial, eth- on the U.S. Olympic Team. across the nation. nic, and socio-economic group. Many of us In 1963, Dr. Disher returned to South Caro- Public servants have performed incredibly know a friend, neighbor, or family member lina and began his medical practice in Orange- important services for their communities and who has been victimized. More than 15 million burg. He has also served as the college physi- country, but sadly many are being driven into children in the United States live in families in cian at Voorhees College, Denmark Technical poverty because of the Government Pension which partner violence occurred at least once College and Claflin University, where he cur- Offset, GPO. Of the 5,300 workers in Maine in the past year. Each day, 3 women die as rently serves as Medical Director of Student subject to this provision, 3,700 lose all of their a result of domestic violence. More than 1 in Health Services. He also holds the position of Social Security widows or spousal benefits to 4 women will be the victim of domestic abuse State Grand Medical Director for the Masons the GPO. I just don’t think that’s fair for people in her lifetime; more than 3 of 4 Americans of South Carolina. who have devoted years to public service. know someone who has been victimized. In addition to practicing medicine, Dr. Disher The effects of the current Government Pen- For more than a decade NOVACO has pro- has been very involved in organizations that sion Offset formula are most dramatic on vided critical services to homeless families support and advance the profession. He has lower income women—79% of beneficiaries who have escaped domestic abuse and who served as the Chair of the Grants and Pro- posal Committee of the Board of Trustees of affected by the GPO are women. After raising are seeking to rebuild their lives and become the National Medical Association, and is a their families and serving the public, these self-sufficient. Assistance is provided in many member of South Carolina Board of Medical women are devastated by losing most or all of areas including transitional and permanent Examiners. He was the Chief of Staff at The their Social Security benefits after the already housing, counseling, childcare, education, job Regional Medical Center in Orangeburg. For overwhelming loss of their spouses to death or training, and life skills classes. Through the ro- divorce. eleven years, Dr. Disher served as chair of the bust support of area businesses and church- Executive Board of the Palmetto State Medical The legislation I am proposing is targeted at es, NOVACO has grown into a leader in lifting out of poverty those hardest hit by the Dental Pharmaceutical Association, PMDPA. breaking the cycle of domestic violence. He also served as president of the PMDPA in GPO. It would eliminate the GPO for bene- NOVACO has initiated a number of innova- ficiaries whose combined monthly pension and 1975. He chaired the Public Health and Con- tive programs that have resulted in significant sumer Affairs Committee of the National Med- Social Security widows or spousal benefits be- advancements for those in need. Their ‘‘Good fore offset is less than half the maximum So- ical Association, NMA, for over a decade. Neighbor’’ program connects client families Dr. Disher is currently a member of the cial Security benefit. Others would see a grad- with sponsors to assist them in transitioning to Meharry Medical College Board of Trustees, uated Government Pension Offset. Under this self sufficiency. Through the financial manage- and has been a staunch advocate of the formula, no one would see a reduction in their ment courses, women have learned how to school. Two of his sons have graduated from Social Security benefits and those in the lower manage their financial affairs, addressing one Meharry. He has established the Spencer C. incomes would have benefits raised to a liv- of the most daunting aspects of escaping do- Disher, Jr., M.D. Endowed Scholarship to en- able rate. mestic abuse. able students from South Carolina to pursue I am pleased that the legislation has earned NOVACO is strengthened by the dedication their dream of studying for Medical, Dental or the support of both the Maine Education Asso- of its volunteers. I am honored to recognize a Doctorate Degree in the Biomedical ciation and the Maine State Employees Asso- the following 2010 Volunteers of the Year: Sciences at Meharry Medical College. ciation. Lorraine Noel, President of the Maine Volunteer of the Year: Joen Schultz Dr. Disher has been recognized by many or- Federation of Chapters for the National Active Volunteer Group of the Year: Gracing ganizations including Alpha Phi Alpha and and Retired Federal Employees Association, Spaces Omega Psi Phi Fraternities. He is a member states, ‘‘This legislation is a good first step in Volunteer Business of the Year: Brookfield of the New Mount Zion Baptist Church. In ad- addressing the injustices caused by the Gov- Homes dition to his many professional affiliations, he ernment Pension Offset.’’ Outstanding Community Support Award: is a 33rd Degree Mason, a Shriner, and a Make no mistake, I remain committed to King of Kings Lutheran Church member of the NAACP. Dr. Disher is married completely repealing the GPO and the Wind- Madam Speaker, I ask that my colleagues to the former Annette Moorer, and is the father fall Elimination Provision, and have cospon- join me in recognizing NOVACO, its volun- of eight children. sored a bill to do so. But in a struggling econ- teers and other supporters for their tireless Madam Speaker, I ask you and my col- omy, measures to overturn these offsets are work on behalf of so many who feel stranded leagues to join me in celebrating the wonderful difficult. I hope this incremental reform will al- and powerless. NOVACO is making a dif- professional contributions of Dr. Spencer leviate the worst effects on those most dam- ference in our community, and I pledge to Disher. He has distinguished himself as doctor aged by the Government Pension Offset and continue working with NOVACO and similar who cares not only for the patient but for the bring our vulnerable public servants out of organizations to put an end to domestic community as a whole. He has been a tre- poverty. abuse. mendous leader and a consummate profes- Please join me in supporting the Social Se- f sional throughout his career, and I am proud curity Widows and Spousal Protection Act of to call him a friend. I wish him Godspeed in TRIBUTE TO SPENCER C. DISHER, 2010. We should not have someone’s years of retirement and know that he will continue to JR. M.D. public service be the cause of their poverty. play an important part in the Orangeburg com- f munity for years to come. HON. JAMES E. CLYBURN f RECOGNIZING NOVACO AND THE OF SOUTH CAROLINA RECIPIENTS OF THE 2010 VOLUN- IN THE HOUSE OF REPRESENTATIVES HONORING THE REPUBLIC OF TEER OF THE YEAR AWARDS Thursday, November 18, 2010 TURKEY’S 87TH REPUBLIC DAY HON. GERALD E. CONNOLLY Mr. CLYBURN. Madam Speaker, I rise today to pay tribute to an outstanding physi- HON. GERALD E. CONNOLLY OF VIRGINIA OF VIRGINIA cian and community leader as he retires and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES enters a new phase of his life. Dr. Spencer Thursday, November 18, 2010 Disher of Orangeburg, South Carolina, has Thursday, November 18, 2010 Mr. CONNOLLY of Virginia. Madam Speak- served the medical profession and his commu- Mr. CONNOLLY of Virginia. Madam Speak- er, I rise today to honor NOVACO and to rec- nity admirably for half a century. er, as a co-chair of the Congressional Caucus

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.061 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1985 on Turkey and Turkish Americans, I would like leaf cluster, Distinguished Flying Cross, RECOGNIZING ST. AMBROSE to offer my warmest congratulations to the Bronze Star Medal with ‘‘V’’ device and two CATHOLIC SCHOOL, RECIPIENT people of Turkey, as they recently observed oak leaf clusters, Meritorious Service Medal, OF THE 2010 BLUE RIBBON OF the 87th anniversary of the founding of the Air Medal with two oak leaf clusters, Air Force EXCELLENCE AWARD Turkish Republic on October 29. Commendation Medal, Purple Heart with oak Under the visionary leadership of Mustafa leaf cluster and several unit citations. HON. GERALD E. CONNOLLY Kemal Ataturk and his successors, Turkey North was buried in Wellfleet, Massachu- OF VIRGINIA transformed itself into a modern, secular state setts. During the ceremony, Air Force fighter IN THE HOUSE OF REPRESENTATIVES allied with the democracies of Europe and the jets streaked over Pleasant Hill Cemetery in a Americas. This alliance is enshrined in Tur- final salute. I now ask my colleagues to rise Thursday, November 18, 2010 key’s NATO membership, as evidenced in the with me so that we too may honor Brigadier Mr. CONNOLLY of Virginia. Madam Speak- logistical and reconstruction efforts Turkey has General Kenneth North, a true American hero. er, I rise today to recognize St. Ambrose undertaken in Iraq and Afghanistan. f Catholic School for being named by the United In light of changing geopolitical develop- States Department of Education as a recipient ments, there have been questions about Tur- HONORING PAUL KELLEY of a 2010 Blue Ribbon School of Excellence key’s commitment to its friends in recent Award. years. While there may be bumps in the road HON. LYNN C. WOOLSEY The Blue Ribbon School award honors pub- in any friendship, differences that may exist OF CALIFORNIA lic and private elementary, middle and high between Turkey and the United States on cer- IN THE HOUSE OF REPRESENTATIVES schools that have helped close the achieve- tain issues are evidence of mature and Thursday, November 18, 2010 ment gap and whose students attain and healthy democracies having differences of maintain high academic goals. The program is opinion. The bilateral relationship is still under- Ms. WOOLSEY. Madam Speaker, I rise part of a larger Department of Education effort girded by the same long-term goals of peace, today with my colleague Congressman MIKE to identify and disseminate knowledge about security and prosperity. THOMPSON to recognize Paul Kelley who is re- best school leadership and teaching practices. I am confident that the relationship between tiring after 16 years as a member of the Each year since 1982, the U.S. Department of our two peoples will stand the tests of time, Sonoma County Board of Supervisors. Con- Education has sought out schools where stu- given our shared ideals. Moreover, our ties gressman THOMPSON and I have the distinct dents attain and maintain high academic are cemented by the presence and contribu- privilege of representing Sonoma County and goals, including those that beat the odds. This tions of over 150,000 Turkish Americans, both of our tenures in the House have coin- year St. Ambrose is one of only 314 schools whose ranks are growing every year. Through cided with Mr. Kelley’s tenure on the Board of nationwide, public and private, to receive this diverse fields ranging from music to science— Supervisors. award and is the only school in the 11th Con- and increasingly through politics—Turkish Supervisor Kelley represents the northern- gressional District of Virginia to be so honored Americans contribute to the vibrancy, health, most supervisorial district in Sonoma County, this year. and advancement of our society. We are fortu- which is home to one of the finest wine grape- Quality education is an important compo- nate to have them as our fellow citizens. growing and wine-producing regions in the nent to our community in Northern Virginia, In closing, my congratulations again to all world. His support of agriculture and agri- and it gives me great pride to represent a Turks everywhere on the commemoration of culture-related industries is deep seated. He school as committed and effective at attaining the 87th Turkish Republic Day. grew up on a small farm outside of Santa high achievement goals. St. Ambrose is com- f Rosa and spent his summers as a youth work- mitted to teaching faith and life skills to stu- ing on neighboring ranches and farms in the dents from kindergarten through 8th grade. IN HONOR OF BRIGADIER area. As a supervisor, his work included help- Through rigorous academic programs, robust GENERAL KENNETH W. NORTH ing to bridge the gap between the water needs activities, excellent staff, and a committed of farmers and fisheries, in supporting meas- community, St. Ambrose exemplifies the HON. JOE COURTNEY ures that guaranteed that 22,000 acres in his strong fabric of our shared community here in OF CONNECTICUT district would be protected under the county’s Northern Virginia. IN THE HOUSE OF REPRESENTATIVES Agricultural Preservation and Open Space Dis- Madam Speaker, I ask that my colleagues trict acquisitions and encouraging businesses Thursday, November 18, 2010 join me in recognizing and congratulating Prin- and farmers to embrace green technology. cipal Barbara Dalmut, her staff, and the St. Mr. COURTNEY. Madam Speaker, I rise Supervisor Kelley also helped create new Ambrose Catholic school community for their today to honor Brigadier General Kenneth W. parks and recreational facilities throughout his efforts toward earning this prestigious award. North, who passed away on September 21, district, including the Boys & Girls Club in f 2010. Kenneth North fought for his country Windsor, and renovate existing youth facilities and survived seven years in a Vietnamese in Cloverdale, Healdsburg and Larkfield- TRIBUTE TO CAROLYN E. POW camp, and I am honored to stand in trib- Wikiup. DALLINGER ute to him. He was the key proponent of returning com- General North was born in 1930 in Rock- mercial air service to the Charles M. Schulz/ HON. TOM LATHAM ville, Connecticut, and graduated from the Uni- Sonoma County Airport. The regional airport OF IOWA versity of Connecticut in 1953. In 1974, he now has daily flights to four western cities. IN THE HOUSE OF REPRESENTATIVES completed studies at the Naval War College at Supervisor Kelley’s special assignments on Newport, Rhode Island. In Vietnam, North the board included membership on the Thursday, November 18, 2010 served as a fighter pilot and flew 33 combat Sonoma County Transportation Authority, the Mr. LATHAM. Madam Speaker, I rise today missions before being downed by enemy fire North Coast Rail Authority, the Water Agency to recognize Carolyn E. Dallinger of Huxley, on August 1, 1966. Committee, the Local Agency Formation Com- Iowa, as the recipient of the 2010 Iowa Pro- Kenneth North repeatedly faced down his mission (Chair), the Eel Russian River Com- fessor of the Year award. She was honored at tormenters during his seven years at the mission (Chair), the Redwood Empire Associa- a reception in Washington, D.C., on November Hanoi Hilton. North was often beaten and tor- tion, the North Coast Air Pollution Control Dis- 18. tured; he endured guards jacking his bound trict, the North Coastal Counties Supervisors’ The U.S. Professors of the Year program, arms behind his back until the shoulder joints Association, the Public Policy Facilitating which is sponsored by the Council for Ad- split. He suffered through these torturous ses- Committee, the Sonoma County Advertising vancement and Support of Education and the sions and defied his captors through bouts of Program, the Sonoma County Indian Gaming Carnegie Foundation for the Advancement of solitary confinement. Local Community Benefit Program and the As- Teaching, is the only national program to rec- North, the son of a Vernon mill worker, was sociation of California Water Agencies (Presi- ognize excellence in undergraduate teaching released with 100 other POWs in August 1973 dent). and mentoring. and was the first man off the plane on March Madam Speaker, after 16 years of public Carolyn is currently an Assistant Professor 7 when he reunited with his family. service to the people of Sonoma, Paul Kelley of Social Work and Criminal Justice at Simp- General North’s military decorations and deserves to enjoy the riches of this new phase son College. She enjoys incorporating service awards include the Silver Star, Defense Supe- of his life as a water and transportation con- learning components within her classroom rior Service Medal, Legion of Merit with oak sultant. We wish him well. teaching whenever possible. An example of

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\K18NO8.025 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1986 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2010 this includes having her social policy students station will greatly increase the department’s vention and Visitors Bureau include bringing serve meals to hungry or homeless people. capacity to serve the 2,200 citizens in their im- further credibility and recognition to the Colo- Besides being involved in sporting events mediate district and the over 52,000 people in rado hospitality industry, proactively pursuing and extracurricular activities at Simpson Col- the surrounding area. an increased air service network, creating val- lege, Carolyn also serves as a junior/senior Madam Speaker, it is impossible to overesti- uable and effective partnership marketing op- high school youth group leader for her church. mate the necessity of fire protection or to portunities, attracting more sports-related The youth group has taken several mission measure to countless contributions these fire- events to the Pikes Peak region, and assuring trips across the country to serve less fortunate fighters make to our community. It is has been the development of a community infrastruc- people. She is also a member of the church my privilege to work with the Rough and ture. These will meet the future needs of a choir and participates as a church accom- Ready Fire Department in competing for a growing and healthy tourism industry. panist. merit-based federal grant and it is with great Madam Speaker, residents and visitors of Carolyn Dallinger is an incredible teacher, pleasure that I rise today to join the city of Colorado have been fortunate to have Mr. Sul- and her dedication to her profession and to Rough and Ready to celebrate this joyous oc- livan serve as leader of the Colorado Springs her students should make every Iowan proud. casion. Convention & Visitor Bureau for the past 20 It’s an honor to represent her in the United f States Congress, and I know that my col- years. His involvement in Colorado tourism leagues in the House join me in congratulating IN HONOR OF TERRY SULLIVAN, and civic engagement has provided economic Carolyn on this well-deserved award and PRESIDENT AND CEO, COLORADO development to Colorado Springs and the thanking her for her dedicated service to her SPRINGS CONVENTION & VISI- Pikes Peak region as well as a richer experi- community and America’s young adults. TORS BUREAU ence to visitors of our beautiful state. I know my fellow Members of the House of Rep- f HON. DOUG LAMBORN resentatives will join me in thanking him for his lasting contribution to the community and for CELEBRATING THE GROUND- OF COLORADO BREAKING FOR THE ROUGH AND his commitment to our country. IN THE HOUSE OF REPRESENTATIVES READY FIRE STATION Thursday, November 18, 2010 f HON. TOM McCLINTOCK Mr. LAMBORN. Madam Speaker, let me NATIONAL ALZHEIMER’S DISEASE OF CALIFORNIA take this opportunity to pay tribute to Mr. AWARENESS MONTH IN THE HOUSE OF REPRESENTATIVES Terrance W. Sullivan. Mr. Sullivan has served as leader of the Colorado Springs Convention Thursday, November 18, 2010 & Visitors Bureau for 20 years. In this role, Mr. Mr. MCCLINTOCK. Madam Speaker, I rise Sullivan has helped support and expand the HON. DAVID SCOTT today to celebrate the groundbreaking for the tourism industry in Colorado Springs and the OF GEORGIA Rough and Ready Fire Station in Nevada Pikes Peak region. He has previously been County, California. awarded Outstanding Individual Contribution to IN THE HOUSE OF REPRESENTATIVES Since its founding in 1963, the Rough and Colorado Tourism by the Governor of Colo- Ready Fire Department has served to protect rado in 2005, and was elected to serve as Thursday, November 18, 2010 the homes and businesses in their community. President of the Tourism Industry Association Mr. SCOTT of Georgia. Madam Speaker, I In the early years, the department consisted of of Colorado (TIAC). rise in recognition of National Alzheimer’s Dis- a phone-tree-style call list that would spring Mr. Sullivan has also served in leadership ease Awareness Month. This year marks the into action when needed, using whatever as- roles in numerous civic and business organi- 27th anniversary of National Alzheimer’s Dis- sortment of equipment the group could afford zations and has contributed significantly to the ease Awareness Month, which has brought to buy, maintain and house in local barns. In economic development of the Pikes Peak re- awareness to the 5.3 million Americans living 1970, the current fire station was constructed gion. His exemplary career is marked by his with Alzheimer’s and the over 200,00 living on Rough and Ready Road to house two fire chairmanship of the Tourism Industry Associa- with Alzheimer’s in my own state of Georgia. engines and serve as the headquarters for the tion of Colorado (TIAC) and the Colorado As- 16 volunteer fire fighters. As the town contin- sociation of Destination Marketing Organiza- More than half of all Americans now know ued to grow, so did its need for fire protection tions (CADMO), organizations that work coop- someone with Alzheimer’s and approximately and the department acquired two additional eratively to promote travel to our state, region, thirty percent of Americans have a family engines, but with room in the station to house and city. Mr. Sullivan is also a co-founder and member with the disease. only two vehicles. As a result, the department board member of the Southern Colorado Busi- It is of immense magnitude that all Ameri- went back to housing some fire engines in ness Partnership and has served and con- cans become aware of what they can do to barns, including the Davison Barn, where tinues to serve on many other community support those who live with the disease. This chickens began roosting in the engine and boards and committees. He continually sup- month should serve as a time to reflect on the going on fire calls. ports community parks, museums, historic struggles faced by those with the disease and As the years wore on, it became increas- sites, and open spaces. to commemorate how far we have come and ingly clear that the fire station on Rough and In addition to his achievements in the tour- all we have accomplished in the fight for a Ready Road would not be able to meet the ism industry, Mr. Sullivan was an Army aviator cure. needs of the city indefinitely. Without a training in Vietnam followed by service in the National I would also like to express immense grati- area large enough to accommodate all fire- Guard and Army Reserves. He is rated as a tude to the Georgia Alzheimer’s Association fighters, lacking sleeping quarters or any Master Aviator with approximately 3,000 flying for their advocacy throughout the state of space to service vehicles, an absence of ven- hours. In March 2004, Mr. Sullivan participated Georgia. Under their incredible leadership they tilation, air conditioning and insulation, and a as an organizer and crew member in the have been able to help over 124,000 Geor- hopelessly leaky roof, the need to build a new Smithsonian Museum of History’s ‘‘America’s gians through their programs and services. It facility was more than evident. Beginning in Huey, The Final Journey Home.’’ Mr. Sullivan 1995, the department saved a little money continues to support the military community by is important that we acknowledge this month each year towards a new station and by 2004 founding the Mountain Post Historical Associa- as a time of support for all affected with the the land had been acquired and the depart- tion, serving as an honorary board member of disease and reaffirm that as a nation it should ment officers were finalizing design plans. Fi- the Peterson Air & Space Museum, and serv- be our mission to eliminate Alzheimer’s dis- nally, in 2009, having raised just under one ing as an active member of the Chamber of ease through the advancement of research, million dollars through department savings and Commerce Military Affairs Council. and to provide and enhance care and support private donations, Rough and Ready secured Mr. Sullivan will retire from the Colorado to those individuals affected with the disease, a federal matching grant to allow for construc- Springs Convention & Visitors Bureau on De- their families and caregivers. tion to move forward. At over 8000 square feet cember 31, 2010, leaving a lasting legacy of I encourage everyone to join me in recog- and complete with five engine bays, living hospitality and tourism promotion for all that nizing November as the National Alzheimer’s quarters and up-to-date infrastructure, the new follow. Mr. Sullivan’s future hopes for the Con- Disease Awareness Month.

VerDate Mar 15 2010 07:21 Nov 19, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\K18NO8.028 E18NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 18, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1987 BENEDICTION DELIVERED BY Board of Rabbis and Cantors. He was born in the National Historic Lighthouse Preservation RABBI ISRAEL ZOBERMAN AT Kazakhstan in 1945 to Polish Holocaust sur- Act of 2000. THE DEDICATION OF THE JEW- vivors. Moreover, due to Mr. Kluttz’s twenty-year ISH WAR VETERANS MONUMENT f dedication, the Tybee Island Lighthouse was IN VIRGINIA BEACH ON VET- included in the Southeast Lighthouse Stamp ERANS DAY, NOVEMBER 11, 2010 IN HONOR AND RECOGNITION OF series and the Station was been nominated for REVEREND DR. ROLAND HAYES National Landmark Status. Visitation to the HON. GLENN C. NYE CROWDER Station and Museum has gone from several OF VIRGINIA thousand annual visitors to over 170,000, IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH greatly benefitting the local economy. Mr. Kluttz’s work did not end with the Light- Thursday, November 18, 2010 OF OHIO IN THE HOUSE OF REPRESENTATIVES house. Under his direction, the Historical Soci- Mr. NYE. Madam Speaker, I submit the fol- ety helped acquire and restore buildings and Thursday, November 18, 2010 lowing. historic field guns at Fort Screven, as well as Adonai Eloheinu, Adonai Our God, M’kor Mr. KUCINICH. Madam Speaker, I rise a ‘‘raised cottage’’ that reflects Tybee Island’s Chayim U’vracha, Infinite Source of Life’s today in honor and recognition of Reverend unique social, cultural, and architectural herit- Blessings, Dr. Roland Hayes Crowder on the occasion of age. Dear Veterans, Families, Donors, Friends, his 45th anniversary as pastor of the Second Mr. James Kluttz is a model citizen, having Zeh Ha’Yom Asa Adonai, Nagila V’nismecha Calvary Missionary Baptist Church in Cleve- served on countless boards and committed Vo! This is the awaiting day the Lord has land, Ohio and his 60th anniversary of minis- hundreds of personal hours towards the pres- granted us, that we may find joy and meaning tering to those in need. ervation of the atmosphere of Tybee Island, in it! Reverend Crowder was educated in the Jef- and I believe that no one could have done a Tenderly, tearfully and triumphantly we re- ferson County Schools in Birmingham, Ala- better job. The citizens of Tybee Island owe call our very own fighting Jewish men and bama. He was raised with the values of faith, him much thanks and gratitude, and on this women in uniform who alongside fellow Ameri- family, hard work and service to community. day we wish him the best in all his future ac- cans from all backgrounds and walks of life, He graduated from Malone College and Ash- tivities and endeavors. and to the last full measure of devotion, bor- land Theological Seminary, where he earned a f rowing a phrase from President Abraham Lin- doctoral degree in theology. coln’s Gettysburg Address—served and sac- After college, Reverend Crowder accepted CELEBRATING THE 35TH ANNIVER- rificed, secured and saved on behalf of our the call to ministry, and on November 8th, SARY OF THE RAYMOND AND great and grateful nation, a flourishing democ- 1950, he preached his first sermon at East MIRIAM KLEIN JCC racy which has been a tower of strength to a Mount Zion Baptist Church in Cleveland, Ohio. weary and vulnerable world as well as a In 1965, Reverend Crowder accepted the po- HON. ALLYSON Y. SCHWARTZ steadfast beacon of Shalom’s flickering lights sition of pastor of the Second Calvary Mis- OF PENNSYLVANIA of hope, harmony and healing. sionary Baptist Church. His leadership led to IN THE HOUSE OF REPRESENTATIVES Our cherished kin, some with their long-lov- an increase in church membership, the cre- Thursday, November 18, 2010 ing and supportive families here on this festive ation of new outreach programs and the con- Veterans Day of the Jewish War Veterans struction of a multi-purpose church facility. Ms. SCHWARTZ. Madam Speaker, I rise Monument Dedication, have proudly, patrioti- Madam Speaker, please join me in honor today to honor the Raymond and Miriam Klein cally and profoundly responded to freedom’s and recognition of the Reverend Dr. Roland JCC on its milestone 35th anniversary. Lo- far-reaching sacred call from these golden Hayes Crowder, whose 60-year ministry and cated in Northeast Philadelphia, the Raymond shores to the most noble of duties in defense 45 years as a pastor reflect missions of heal- and Miriam Klein JCC is a multifaceted com- of all we hold precious. Their selfless acts of ing, hope and faith. Reverend Crowder’s com- munity center committed to a strategic mission unflinching heroism and exemplary conduct passionate service and dedicated leadership of serving the versatile needs of the sur- under harrowing circumstances brought gen- continues to bring light and strength to count- rounding Jewish community. The Klein JCC is uine honor and lasting glory, sanctifying God’s less individuals and families. a living example of Tikkun Olam—repairing holy name. f the world—right here in our community. This significant monument is an essential Since 1975, when the Klein Branch opened addition to the beautiful grounds of the Reba HONORING MR. JAMES KLUTTZ, its doors, it has been a community center, an and Sam Sandler Campus of the Tidewater THE FORMER PRESIDENT OF educational center, and a constant source of Jewish Community in the unique region of THE BOARD OF DIRECTORS OF support and enrichment for the Jewish com- Hampton Roads, home to the nation’s largest THE TYBEE ISLAND HISTORICAL munity. Located on a 20 acre lot and featuring cluster of military installations. The monument, SOCIETY a theatre, 2 swimming pools, a gym, and linked by design to the Helen G. Gifford Holo- classrooms, the JCC provides childcare, immi- caust Memorial Garden, is forever an inspiring HON. JACK KINGSTON gration counseling, and summer camp, as well testimony to unforgettable brethren, the dead OF GEORGIA as athletic and aquatic fitness programs. and the living, who participated in the monu- IN THE HOUSE OF REPRESENTATIVES But Klein JCC is much more than a center mental liberation of the surviving remnant, my- that provides entertainment and recreation. self included, of European Jewry from the Thursday, November 18, 2010 Throughout the decades, the Klein JCC has threat of total extinction by humanity’s foes. Mr. KINGSTON. Madam Speaker, I rise adapted its mission to meet the changing At the approaching Chanuka celebration, we today to honor Mr. James Kluttz, the former needs of its neighbors and has reemerged as salute our veterans who like the Maccabees of President of the Board of Directors of the a fully functioning social services agency. old, through wondrous deeds and abundant Tybee Island Historical Society. During his Today, the Klein JCC provides critical quality sacrifices of a faithful spirit, have bequested twenty years of leadership, the Tybee Island services to our youngest members of the com- unto us all the inseparable twin gifts of life and Historical Society’s membership grew from two munity through pre-school and kindergarten liberty. hundred to over one thousand, and the Soci- while providing a lifeline to our most seasoned ‘‘Minesharing Kalu ety raised funds to restore the entire seven senior citizens. Education for the very young M’arayot Gaveru building Tybee Island Light Station and sur- as well as courses for those over the age of They were swifter than eagles, rounding plots of land essential to preserving 90 are all available in the same facility. And They were stronger than lions! Eich Naflu Giborim historic views from the Station. Due to Mr. through the Mitzvah food project, volunteers B’tock Hamilchama— Kluttz’s efforts, the Station received local, deliver food and other necessities to those in How have the mighty fallen state, and national awards as well as inter- the community who are in need, reaching out In the thick of battle’’ national publicity. The increased spotlight and to help regardless of religion, race, gender, or Second Samuel 1:23, 25 the strengthening of the Tybee Island Light age. And humbly let us say, Amen. Station’s historical preservation bona fides re- Madam Speaker, I am so proud to represent Rabbi Israel Zoberman is the spiritual leader sulted in the transfer of the Station from the in congress an institution that has so faithfully of Congregation Beth Chaverim in Virginia Federal Government to the Tybee Island His- and ably served the Jewish community for so Beach and president of the Hampton Roads torical Society—one of the first to occur under many years. I am honored that the Raymond

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At a time of the House Tennessee Education Lottery ents and friends on an impressive 35 year his- when it is fashionable to cast doubt on the Corporation. tory and for continued success in a new cen- federal role in economic development, While in the Tennessee House of Rep- tury. Dianne’s legacy of roads, buildings, revitalized resentatives, Ulysses Jones served as the f downtowns, a whole new university, and all Chair of the House Ethics Committee, Chair of the jobs to build and fill them, bears witness the House State and Local Government Com- IN HONOR OF DIANNE CHURCH to the vital role that our collective investment mittee and the 2nd Vice President of the Na- in civilization can play. tional Black Caucus of State Legislators. He HON. SAM FARR f was a member of the House Education Com- OF CALIFORNIA mittee, K–12 Subcommittee, Local Govern- HONORING THE LIFE AND IN THE HOUSE OF REPRESENTATIVES ment Subcommittee, Joint Select Education ACHIEVEMENTS OF TENNESSEE Thursday, November 18, 2010 Oversight Committee and the Tennessee STATE REPRESENTATIVE ULYS- Commemorative Women’s Suffrage Commis- Mr. FARR. Madam Speaker, I rise today to SES JONES, JR. sion. Ulysses also co-authored state Enter- recognize the remarkable public service career prise Zone legislation for Tennessee. of Dianne Church. After forty-two years with HON. STEVE COHEN Mr. Jones was also actively involved in his the Federal Government, Dianne is retiring OF TENNESSEE community. He served as Chairman of both from her position as an Economic Develop- IN THE HOUSE OF REPRESENTATIVES the Tennessee African-American Male Task ment Administration, EDA, regional represent- Thursday, November 18, 2010 Force and the Governor’s Minority Business ative. Over the course of the past eighteen Development Advisory Committee. He sat on years, Dianne has played an instrumental role Mr. COHEN. Madam Speaker, I rise today the Board of Directors for the Fire Fighter In- in helping the communities of the Monterey to honor Ulysses Jones, Jr. A public servant vestment Group and was the President of the Bay Area recover from earthquake, flood, re- throughout his career, Mr. Jones worked as a Pioneer Black Fire Fighters. Ulysses was a cession, and the largest military base closure paramedic with the Memphis Fire Department member of the YMCA Black Achievers and in U.S. history. During that time, I have had for 37 years, where he rose to the rank of bat- was a catalyst for the Development of the the great fortune of working with Dianne and talion chief. Ulysses continued to serve by be- North Memphis Inner City Community Devel- developing a wonderful working friendship with coming Tennessee’s 98th District State Rep- opment Corporation. her. So it is with particular pleasure that I join resentative representing the North Memphis Ulysses Jones, Jr. passed away on Novem- my colleagues on the floor of the House today community for 23 years. He was born in Mem- ber 9, 2010 at the age of 59. Ulysses Jones, to recognize Dianne’s work to make my con- phis, Tennessee on June 7, 1951 to the late Jr. is survived by his daughter Victoria and stituents’ corner of the world a better place. Ulysses Jones, Sr. and Marjorie Nicholas son Ulysses III. His commitment to helping Dianne was born on April 22, 1944, in Win- Jones. Ulysses Jones, Jr. graduated from people throughout his life will be remembered ston-Salem, North Carolina, to Francis and North Side High School and went on to attend by the countless number of lives he touched. Violet Church. She attended local public the University of Memphis and Tennessee His was a life well lived. schools, discovered a love for music through State University. f her church choir, and spent summers with her Ulysses Jones, Jr. was oftentimes faced family at the beach on the North Carolina’s with challenging moments during his tenure as REMEMBERING JANICE BALL Outer Banks. She later attended the George a paramedic. On August 16, 1977, Ulysses FISHER Washington University in Washington, D.C., and a colleague were called to Graceland to While in Washington, D.C. she began a ten revive Elvis Presley, but to no avail. Ulysses HON. MIKE PENCE year career on Capitol Hill, working for a num- later noted that he identified with the leg- OF INDIANA ber of distinguished lawmakers, including: endary entertainer who despite living in public IN THE HOUSE OF REPRESENTATIVES Rep. FLOYD HICKS (WA), Sen. MIKE GRAVEL housing projects, worked hard to make a bet- (AK), Rep. DON YOUNG (AK), Rep. JOHN CON- ter life for himself. Ulysses thought nothing of Thursday, November 18, 2010 YERS (MI), and the Senate Labor Committee. putting his life on the line to save others and Mr. PENCE. Madam Speaker, I rise today to She helped staff Senator Gravel when he read he took that same attitude of public service to honor a kind-hearted and generous woman the Pentagon Papers on television and met the state legislature when he was elected to who will forever be remembered by the com- Daniel Ellsberg. the Tennessee House of Representatives. munity in my home state of Indiana. The snow In 1977, Dianne left Capitol Hill to go to Ulysses Jones, Jr. was first elected to the fell quietly on an early November morning as work in the EDA Congressional Liaison office. Tennessee General Assembly in 1986. For a community gathered at First Presbyterian In 1980, she took a job as a public works nearly a quarter of a century, he was a voice Church to remember the first lady of east cen- project officer in EDA’s Seattle Regional Of- for working men and women in Shelby Coun- tral Indiana, Janice Ball Fisher. She was the fice. Dianne quickly gained a reputation for ty. He stood by his convictions on issues that daughter of the distinguished Edmund B. and volunteering for projects in the most remote mattered most to him, including improving Bertha Ball who founded Ball Corporation, and and out of the way places, especially in Alas- schools, expanding college scholarships and whose generous donations significantly bene- ka. During those early years in Seattle, Dianne equal pay for all. Ulysses aspired to do the fited Ball State University and Ball Memorial completed her B.A. degree at Western Wash- right thing for all people regardless of race, Hospital. ington University and later an MPA degree at creed or political affiliation. Janice was raised in Muncie and later grad- Seattle University, taking classes at night Mr. Jones was an effective lawmaker for uated from Mount Vernon College in Wash- while working full time for EDA. While working Tennessee. His vocal and active opposition to ington, D.C. In 1940 she married John Fisher in Seattle, she met Steve Johnston, a fellow the ‘‘Tiny Towns’’ bill led to one of his most in Leland, Michigan, though they later moved EDA employee. Dianne and Steve married in notable accomplishments in the Tennessee back to Janice’s hometown. The Fishers will 1987. legislature. This legislation, which initially always be remembered for their leadership in In 1997, she began the best job of her ca- passed and was signed into state law, allowed the community and their giving hearts. To- reer as EDA’s economic development rep- small communities, and in one contested bat- gether, they donated millions of dollars to fur- resentative for California’s Central Coast. She tle, an apartment building, to incorporate to ther educational institutions around the state initially represented fourteen Central California avoid paying property taxes. Less than a year such as Ball State University, DePauw Univer- counties, including the Monterey, Santa Cruz, after being signed into law, the Tennessee Su- sity, and Indiana University. and San Benito Counties that form the core of preme Court struck down the law citing con- Those who knew Janice will remember her my district. She had already been working on stitutional violations. most for her dedication to faith and family. Her the redevelopment of Fort Ord following its Ulysses worked hard on not just his legisla- greatest joy was to be surrounded by loved 1994 closure. In all, Dianne helped steer over tive agenda but on other Members’ bills in- ones, and she greatly enjoyed bringing her $95 million towards infrastructure and other cluding mine. He cosponsored the ‘‘Ten- children and grandchildren along on adven- key redevelopment needs, including over $60 nessee Lottery for Education,’’ a bill I spon- tures across the country and throughout the

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Janice also supported numerous phi- cruiter. lanthropies in Michigan and Indiana such as Mr. Shaffery has held several positions as On September 15, 2010, it was my honor to the Fishtown Preservation Society, Leelanau an Army recruiter including field recruiter, sta- welcome the Gujarat delegation to Wash- Conservancy, Leelanau Community Cultural tion commander, senior guidance counselor ington, D.C. as prelude to the Vibrant Gujarat Center, Leelanau Historical Museum, Leland and battalion sergeant major. The Baltimore 2011 Summit scheduled to be held on January Township Library, Interlochen School of Music, Recruiting Battalion was the second largest re- 12–13, 2011 in Gandhinagar, Gujarat. Many of Minnetrista, Cornerstone Center for the Arts, cruiting battalion during his tenure and he en- my colleagues joined me for this event. sured its success as one of the top battalions Muncie YMCA and YWCA, Camp Crosley, As I noted then, Gujarat is one of the most Muncie Symphony Orchestra, and many other in the command. prominent States on the western coast of India organizations that thrived thanks to her leader- Mr. Shaffery retired after 30 years of active Army service at the rank of Command Ser- ship. and has contributed significantly to India’s The Good Book tells us that ‘‘whatever you geant Major. His dedicated service resulted in growth story with consistent double digit GDP did for one of the least of these brothers and his awarding of a Legion of Merit, Bronze Star, growth for almost a decade and, since 2003, sisters of mine, you did for Me,’’ and that em- and several Meritorious Service Medals. He the Vibrant Gujarat Global Investors Summit wears his Recruiter Ring still today, the high- bodies the way Janice lived her life. Though has attracted investment agreements worth est honor for a recruiter when he was an the community will deeply feel the loss of Jan- NCO. more than USD 370 billion. ice Fisher, I am confident that she will be rich- Upon retirement from active duty in 1994, The State is now gearing up for the 5th Vi- ly rewarded for her decades of service and Mr. Shaffery accepted a civilian position with brant Gujarat Summit and, while many of us sacrifice for others. I offer my sincere condo- the U.S. Army Recruiting Command HQ as lences to her beloved family: daughters Joan were hopeful that we would be able to attend the Chief of Plans and Policy for the Oper- the Summit, the January 2011 schedule for F. Woods and Judith F. Oetinger; sons Mi- ations Directorate. He was promoted to the the U.S. Congress will not permit Congres- chael J. Fisher, James A. Fisher, Jeffrey E. position of Deputy Director in 1999. Fisher, John W. Fisher III, and Jerrold M. Frank lives in Elizabethtown, Ky., with his sional participation. But, in recognition of the Fisher; 19 grandchildren; and 29 wife, Connie. He is the father of two sons, importance of the Gujarat Summit, I wanted to greatgrandchildren. Mark and Michael, and the proud grandfather offer this statement as a show of support for f to 6 year old Madison. this Summit. I ask my colleagues to join me today in hon- A TRIBUTE TO MR. FRANK Today, as a result of the Chief Minister’s ef- oring Mr. Frank Shaffery today because of his SHAFFERY dignified and steadfast commitment to the forts, Gujarat is a replicable model of develop- U.S. Army, U.S. Army Reserve, his Soldiers, ment with the highest GDP growth rate in HON. BRETT GUTHRIE the citizens of this country and the Common- India. Consequently, the potential for U.S. OF KENTUCKY wealth of Kentucky. trade and investment in Gujarat is significant, IN THE HOUSE OF REPRESENTATIVES f and I stand with the Government of Gujarat as Thursday, November 18, 2010 RECOGNIZING VIBRANT GUJARAT it seeks to improve the lives of its people and Mr. GUTHRIE. Madam Speaker, I rise today 2011 SUMMIT FOR PROMOTING ours. to honor Mr. Frank Shaffery, who has U.S.-INDIA TRADE I have every confidence that our mutual co- virtuously served the United States and the operation will lead to more jobs in the U.S. Commonwealth of Kentucky. Mr. Shaffery has served as a civilian em- HON. ENI F.H. FALEOMAVAEGA and India, and I extend my best wishes to OF AMERICAN SAOMOA ployee within the U.S. Army Recruiting Com- Chief Minister Modi for a successful Vibrant IN THE HOUSE OF REPRESENTATIVES mand Headquarters G3 at Fort Knox, KY, Gujarat 2011 Summit. since 1994. Mr. Shaffery will retire after 46 Thursday, November 18, 2010 years of dedicated service to the United Mr. FALEOMAVAEGA. Madam Speaker, I States Army. would like to recognize Chief Minister

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HIGHLIGHTS Senate agreed to H. Con. Res. 332, Adjournment Resolution. Senate Reid (for Baucus) Amendment No. 4712, to Chamber Action amend the title. Page S8046 Routine Proceedings, pages S8001–8110 Longline Catcher Processor Subsector Single Measures Introduced: Twelve bills and six resolu- Fishery Cooperative Act: Senate passed S. 1609, to tions were introduced, as follows: S. 3964–3975, S. authorize a single fisheries cooperative for the Bering Res. 682–685, and S. Con. Res. 75–76. Sea Aleutian Islands longline catcher processor sub- Pages S8062–63 sector. Pages S8105–06 Measures Reported: Authorizing Use of Capitol Rotunda: Senate S. 2991, to amend title 31, United States Code, agreed to S. Con. Res. 75, authorizing the use of the to enhance the oversight authorities of the Comp- rotunda of the Capitol for an event marking the troller General, with an amendment in the nature of 50th anniversary of the inaugural address of Presi- a substitute. (S. Rept. No. 111–350) dent John F. Kennedy. Page S8106 S. 3167, to amend title 13 of the United States Code to provide for a 5-year term of office for the Recognizing Military Families: Senate agreed to Director of the Census and to provide for authority S. Con. Res. 76, to recognize and honor the commit- and duties of the Director and Deputy Director of ment and sacrifices of military families of the United the Census, with amendments. (S. Rept. No. States. Pages S8106–07 111–351) National Adoption Day and Month: Committee S. 1183, to authorize the Secretary of Agriculture on Health, Education, Labor, and Pensions was dis- to provide assistance to the Government of Haiti to charged from further consideration of S. Res. 647, end within 5 years the deforestation in Haiti and re- expressing support for the goals of National Adop- store within 30 years the extent of tropical forest tion Day and National Adoption Month by pro- cover in existence in Haiti in 1990, with an amend- moting national awareness of adoption and the chil- ment in the nature of a substitute. (S. Rept. No. dren awaiting families, celebrating children and fam- 111–352) ilies involved in adoption, and encouraging Ameri- S. 3650, to amend chapter 21 of title 5, United cans to secure safety, permanency, and well-being for States Code, to provide that fathers of certain perma- all children, and the resolution was then agreed to. nently disabled or deceased veterans shall be in- Page S8107 cluded with mothers of such veterans as preference eligibles for treatment in the civil service. Recognizing the People and Government of Moldova: S. 3804, to combat online infringement, with an Senate agreed to S. Res. 683, recognizing the recent accomplishments of the people and Gov- amendment in the nature of a substitute. Page S8062 ernment of Moldova and expressing support for free Measures Passed: and transparent parliamentary elections on Novem- Physician Payment and Therapy Relief Act: ber 28, 2010. Pages S8107–08 Senate passed H.R. 5712, entitled ‘‘The Physician 35th Anniversary of the Education for All Payment and Therapy Relief Act of 2010’’, after Handicapped Children Act: Senate agreed to S. Res. agreeing to the following amendments proposed 684, recognizing the 35th anniversary of the enact- thereto: Page S8046 ment of the Education for All Handicapped Children Reid (for Baucus/Grassley) Amendment No. 4711, Act of 1975. Pages S8107–08 in the nature of a substitute. Page S8046 D1106

VerDate Mar 15 2010 00:55 May 13, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D18NO0.REC D18NO0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1107 100th Anniversary of the Discovery of Sickle Coburn motion to suspend with respect to amend- Cell Disease: Senate agreed to S. Res. 685, com- ment no. 4696—substitute; Coburn motion to sus- memorating the 100th anniversary of the discovery pend with respect to amendment no. 4697—ear- of sickle cell disease by Dr. James B. Herrick. marks; that there be a total of 4 hours of debate Pages S8107–08 with respect to the Coburn motions; equally divided Adjournment Resolution: Senate agreed to H. and controlled between Senators Coburn and Inouye, Con. Res. 332, providing for a conditional adjourn- or their designees; that upon the use or yielding ment of the House of Representatives and a condi- back of time specified here, Senate vote on or in re- tional recess or adjournment of the Senate. lation to the motions to suspend in the order listed: Pages S8108–09 Johanns 1099; Baucus 1099; Coburn earmarks; Measures Considered: Coburn substitute; that upon disposition of the mo- tions, and if any motion is successful, then the Sen- FDA Food Safety Modernization Act—Agree- ate vote immediately on the amendment; that no ment: Senate began consideration of S. 510, to further motions or amendments be in order; the sub- amend the Federal Food, Drug, and Cosmetic Act stitute amendment, as amended, if amended, be with respect to the safety of the food supply, with- agreed to; the bill, as amended, be read a third time, drawing the committee reported amendment in the that after the reading of the paygo statement with nature of a substitute, and taking action on the fol- respect to the bill, Senate vote on passage of the bill, lowing amendment proposed thereto: and that the cloture motion with respect to the bill Pages S8010–14, S8014–49 be withdrawn. Page S8049 Pending: Reid (for Harkin) Amendment No. 4715, in the Nomination Confirmed: Senate confirmed the fol- nature of a substitute. Page S8049 lowing nomination: A motion was entered to close further debate on Jacob J. Lew, of New York, to be Director of the Reid (for Harkin) Amendment No. 4715 (listed Office of Management and Budget. above), and, in accordance with the provisions of Pages S8048, S8110 Rule XXII of the Standing Rules of the Senate, and Nominations Received: Senate received the fol- pursuant to the unanimous-consent agreement of lowing nominations: Thursday, November 18, 2010, a vote on cloture Routine lists in the Air Force, Army, Coast will occur at 6:30 p.m., on Monday, November 29, Guard, Foreign Service, Marine Corps, and Navy. 2010. Page S8049 A motion was entered to close further debate on Pages S8109–10 the bill, and, in accordance with the provisions of Messages from the House: Pages S8056–57 Rule XXII of the Standing Rules of the Senate, a Measures Referred: Page S8057 vote on cloture will occur upon disposition of Reid (for Harkin) Amendment No. 4715 (listed above). Measures Placed on the Calendar: Pages S8001, S8057 Page S8049 During consideration of this measure today, Senate Measures Read the First Time: Pages S8057, S8108 took the following action: Executive Communications: Pages S8057–62 By 57 yeas to 27 nays (Vote No. 251), Senate agreed to the motion to proceed to consideration of Executive Reports of Committees: Page S8062 the bill. Page S8031 Additional Cosponsors: Pages S8063–64 A unanimous-consent-time agreement was reached Statements on Introduced Bills/Resolutions: providing that the cloture vote on Reid (for Harkin) Amendment No. 4715 (listed above), occur at 6:30 Pages S8064–66 p.m., on Monday, November 29, 2010; and that if Additional Statements: Pages S8054–56 cloture is invoked on Reid (for Harkin) Amendment Amendments Submitted: Pages S8066–93 No. 4715, then all post-cloture time be yielded back except for the time specified in this agreement; and Notices of Intent: Pages S8093–94 that the only amendments or motions in order be Authorities for Committees to Meet: Page S8094 those specified in this agreement, with debate limi- Privileges of the Floor: Page S8094 tations as specified: Johanns motion to suspend with respect to amendment no. 4702; Baucus motion to Record Votes: One record vote was taken today. suspend with respect to amendment no. 4713; with (Total—251) Page S8031 a total of 60 minutes of debate with respect to these Adjournment: Senate convened at 9:30 a.m. and 2 motions with the time equally divided and con- adjourned at 10:06 p.m., until 10:30 a.m. on Friday, trolled between Senators Baucus and Johanns; November 19, 2010. (For Senate’s program, see the

VerDate Mar 15 2010 00:55 May 13, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D18NO0.REC D18NO0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1108 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2010 remarks of the Majority Leader in today’s Record on ernment Accountability Office, after the nominee page S8109.) testified and answered questions in his own behalf. RECONSTRUCTION CONTRACTS IN Committee Meetings AFGHANISTAN (Committees not listed did not meet) Committee on Homeland Security and Governmental Af- fairs: Ad Hoc Subcommittee on Contracting Over- NOMINATIONS sight concluded a hearing to examine the need for Committee on Armed Services: Committee concluded a effective oversight of reconstruction contracts in Af- hearing to examine the nominations of General ghanistan, after receiving testimony from Jon T. Claude R. Kehler, USAF, for reappointment to the Rymer, Inspector General, Federal Deposit Insurance grade of general and to be Commander, United Corporation, and Richard W. Moore, Inspector Gen- States Strategic Command, and General Carter F. eral, Tennessee Valley Authority, both of the Office Ham, USA, for reappointment to the grade of gen- of the Inspector General; Arnold Fields, Special In- eral and to be Commander, United States Africa spector General for Afghanistan Reconstruction; Command, after the nominees testified and answered Gordon S. Heddell, Inspector General, Department questions in their own behalf. of Defense; Harold W. Geisel, Deputy Inspector General, Department of State, and the Broadcasting INTERNATIONAL TRADE IN THE DIGITAL Board of Governors; Michael Carroll, Deputy Inspec- ECONOMY tor General, United States Agency for International Committee on Finance: Subcommittee on International Development; and Stuart W. Bowen, Jr., Inspector Trade, Customs, and Global Competitiveness con- General, Office of the Special Inspector General for cluded a hearing to examine international trade in Iraq Reconstruction. the digital economy, after receiving testimony from STATE OF AMERICAN CHILDREN Catherine L. Mann, Brandeis University International Business School, Concord, Massachusetts; Edward J. Committee on Health, Education, Labor, and Pensions: Black, The Computer and Communications Industry Subcommittee on Children and Families concluded a Association (CCIA), Washington, D.C.; Daniel Bur- hearing to examine the state of the American child, ton, Salesforce.com, Chevy Chase, Maryland; Mike focusing on securing our children’s future after re- Sax, Sax Software, Eugene, Oregon; and Greg S. ceiving testimony from Jennifer Garner, Save the Slater, Intel Corporation, Phoenix, Arizona. Children, Los Angeles, California; David Satcher, Morehouse School of Medicine Satcher Health Lead- IMPROVISED EXPLOSIVE DEVICE ership Institute and Center of Excellence on Health Committee on Foreign Relations: Subcommittee on Near Disparities, Atlanta, Georgia; and Helen Blank, Na- Eastern and South and Central Asian Affairs con- tional Women’s Law Center, Peter Edelman, George- cluded a hearing to examine jamming the impro- town Law Center, Michael Casserly, Council on vised explosive device (IED) assembly line, focusing Great City Schools, and Marian Wright Edelman, on impeding the flow of ammonium nitrate in South Children’s Defense Fund, all of Washington, D.C. and Central Asia, after receiving testimony from BUSINESS MEETING Mary Beth Goodman, Senior Economic Adviser to the Special Representative to Afghanistan and Paki- Committee on Indian Affairs: Committee ordered favor- stan, Department of State; John P. Woods, Deputy ably reported the following business items: Assistant Director, Homeland Security Investiga- S. 3648, to establish a commission to conduct a tions, Immigration and Customs Enforcement, De- study and provide recommendations on a com- partment of Homeland Security; and David S. prehensive resolution of impacts caused to certain In- Sedney, Deputy Assistant Secretary for Afghanistan, dian tribes by the Pick-Sloan Program, with an Pakistan, and Central Asia, and Brigadier General amendment in the nature of a substitute; Michael H. Shields, Deputy Director, Operations and S. 3903, to authorize leases of up to 99 years for Requirements, Joint Improvised Explosive Device lands held in trust for Ohkay Owingeh Pueblo, with Defeat Organization, both of the Department of De- an amendment; fense. H.R. 4445, to amend Public Law 95–232 to re- peal a restriction on treating as Indian country cer- NOMINATION tain lands held in trust for Indian pueblos in New Committee on Homeland Security and Governmental Af- Mexico; fairs: Committee concluded a hearing to examine the H.R. 5811, to amend the Ysleta del Sur Pueblo nomination of Eugene Louis Dodaro, of Virginia, to and Alabama and Coushatta Indian Tribes of Texas be Comptroller General of the United States, Gov- Restoration Act to allow the Ysleta del Sur Pueblo

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S. 2956, to authorize the Pechanga Band of Luiseno Mission Indians Water Rights Settlement, DISCRIMINATION AGAINST WOMEN with an amendment in the nature of a substitute; Committee on the Judiciary: Subcommittee on Human S. 1264, to require the Secretary of the Interior to Rights and the Law concluded a hearing to examine assess the irrigation infrastructure of the Pine River women’s rights, focusing on United States ratifica- Indian Irrigation Project in the State of Colorado tion of the Convention on the Elimination of All and provide grants to, and enter into cooperative agreements with, the Southern Ute Indian Tribe to Forms of Discrimination Against Women assess, repair, rehabilitate, or reconstruct existing in- (CEDAW), after receiving testimony from Melanne frastructure; and Verveer, Ambassador-at-Large, Office of Global S. 980, to direct the Secretary of Commerce to es- Women’s Issues, Department of State; Samuel R. tablish a demonstration program to adapt the lessons Bagenstos, Principal Deputy Assistant Attorney of providing foreign aid to underdeveloped econo- General, Civil Rights Division, Department of Jus- mies to the provision of Federal economic develop- tice; Geena Davis, Geena Davis Institute on Gender ment assistance to certain similarly situated individ- in Media, Marina Del Ray, California; Wazhma uals, with an amendment in the nature of a sub- Frogh, Afghan Women’s Network, Kabul, Afghani- stitute. stan; and Marcia D. Greenberger, National Women’s Law Center, and Steven Groves, Heritage Foundation INDIAN SELF-DETERMINATION AND Margaret Thatcher Center for Freedom, both of EDUCATION ASSISTANCE ACT Washington, D.C. Committee on Indian Affairs: Committee concluded a hearing to examine H.R. 4347, to amend the Indian AMERICA’S SMALL BUSINESSES Self-Determination and Education Assistance Act to Committee on Small Business and Entrepreneurship: Com- provide further self-governance by Indian tribes, after mittee concluded a hearing to examine assessing the receiving testimony from George Skibine, Acting regulatory and administrative burdens on America’s Principal Deputy Assistant Secretary of Indian Af- small businesses, including tax compliance benefits fairs, Sharee Freeman, Director, Office of Self-Gov- and opportunities to mitigate costs on third parties ernance, W. Ron Allen, Chairman, Self-Governance of miscellaneous income reporting requirements, Advisory Committee, all of the Department of the after receiving testimony from Winslow Sargeant, Interior; Geoffrey Strommer, Hobbs, Strauss, Dean Chief Counsel for Advocacy, Office of Advocacy, and Walker, Portland, Oregon; and Will Micklin, Small Business Administration; James R. White, Di- Central Council of Tlingit and Haida Indian Tribes rector, Strategic Issues, Government Accountability of Alaska, Juneau. Office; Larry Nannis, Levine, Katz, Nannis and Sol- BUSINESS MEETING omon, PC, Needham, Massachusetts, on behalf of the National Small Business Association (NSBA); Roger Committee on the Judiciary: Committee ordered favor- Harris, Padgett Business Services, Athens, Georgia; ably reported the following business items: and Andrew Langer, Institute of Liberty, and James S. 3804, to combat online infringement, with an Gattuso, The Heritage Foundation, both of Wash- amendment in the nature of a substitute; and ington, D.C. The nominations of Frank Leon-Guerrero, to be United States Marshal for the District of Guam and DISABILITY EVALUATION SYSTEM concurrently United States Marshall for the District of the Northern Mariana Islands, Kenneth F. Bohac, Committee on Veterans’ Affairs: Committee concluded a to be United States Marshal for the Central District hearing to examine the Veterans’ Affairs and Depart- of Illinois for term of four years, William Conner ment of Defense’s integrated disability evaluation Eldridge, to be United States Attorney for the West- system, after receiving testimony from John R. ern District of Arkansas, Charles Thomas Weeks II, Campbell, Deputy Under Secretary of Defense for to be United States Marshal for the Western District Wounded Warrior Care and Transition Policy; Dan- of Oklahoma, Ripley Rand, to be United States At- iel Bertoni, Director of Education, Workforce, and torney for the Middle District of North Carolina, Income Security Issues, Government Accountability and Charles M. Oberly III, to be United States At- Office; and John Medve, Executive Director of Vet- torney for the District of Delaware, all of the De- erans Affairs/Department of Defense Collaboration partment of Justice, and Wilfredo Martinez, of Flor- Service, Office of Policy and Planning, Department ida, Chase Theodora Rogers, of Connecticut, and Isa- of Veterans Affairs.

VerDate Mar 15 2010 00:55 May 13, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D18NO0.REC D18NO0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1110 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2010 INTELLIGENCE ligence matters from officials of the intelligence Select Committee on Intelligence: Committee met in community. closed session to receive a briefing on certain intel- h House of Representatives Reed presented himself in the well of the House and Chamber Action was administered the Oath of Office by the Speaker. Public Bills and Resolutions Introduced: 23 pub- Earlier, the Clerk of the House transmitted a fac- lic bills, H.R. 6425–6447; and 10 resolutions, H.J. simile copy of a letter from Mr. Todd D. Valentine Res. 99; and H.Res. 1725–1733 were introduced. and Mr. Robert A. Brehm, Co-Executive Directors of Pages H7613–14 the Board of Elections, State of New York, indi- Additional Cosponsors: Page H7615 cating that, according to the unofficial returns of the Special Election held November 2, 2010, the Honor- Reports Filed: Reports were filed today as follows: able Tom Reed was elected Representative to Con- H.R. 5866, to amend the Energy Policy Act of gress for the Twenty-Ninth Congressional District, 2005 requiring the Secretary of Energy to carry out State of New York. Page H7577 initiatives to advance innovation in nuclear energy technologies, to make nuclear energy systems more Whole Number of the House: The Speaker an- competitive, to increase efficiency and safety of civil- nounced to the House that, in light of the adminis- ian nuclear power, and for other purposes, with an tration of the oath to the gentleman from New amendment (H. Rept. 111–658) and York, Mr. Reed, the whole number of the House is H.R. 5498, to enhance homeland security by im- adjusted to 435. Page H7577 proving efforts to prevent, deter, prepare for, detect, Suspension—Proceedings Resumed: The House attribute, respond to, and recover from an attack agreed to suspend the rules and pass the following with a weapon of mass destruction, and for other measure which was debated on Wednesday, Novem- purposes, with an amendment (H. Rept. 111–659, ber 17th: Pt. 1). Page H7613 Extending the deadline for Social Services Block Telework Enhancement Act of 2010: The House Grant expenditures of supplemental funds appro- concurred in the Senate amendment to H.R. 1722, priated following disasters occurring in 2008: S. to require the head of each executive agency to es- 3774, to extend the deadline for Social Services tablish and implement a policy under which employ- Block Grant expenditures of supplemental funds ap- ees shall be authorized to telework, by a yea-and-nay propriated following disasters occurring in 2008, by vote of 254 yeas to 152 nays, Roll No. 578. a 2/3 yea-and-nay vote of 366 yeas to 40 nays, Roll Pages H7560–69, H7575 No. 580. Pages H7577–78 H. Res. 1721, the rule providing for consideration Order of Procedure: The House agreed by unani- of the Senate amendment, was agreed to by a re- mous consent that the ordering of the yeas and nays corded vote of 235 ayes to 171 noes, Roll No. 577, be vacated with respect to the motion to suspend the after the previous question was ordered by a yea-and- rules and agree to the following resolution to the nay vote of 239 yeas to 171 nays, Roll No. 576. end that the resolution be considered as adopted in Pages H7553–59, H7560S the form considered by the House on Tuesday, No- Suspension—Failed: The House failed to agree to vember 16th: suspend the rules and pass the following measure: Recognizing the 35th anniversary of the enact- Emergency Unemployment Compensation Con- ment of the Education for All Handicapped Chil- tinuation Act: H.R. 6419, amended, to amend the dren Act of 1975: H. Con. Res. 329, to recognize Supplemental Appropriations Act, 2008 to provide the 35th anniversary of the enactment of the Edu- for the further extension of emergency unemploy- cation for All Handicapped Children Act of 1975. ment benefits, by a 2/3 yea-and-nay vote of 258 yeas Page H7578 to 154 nays, Roll No. 579. Pages H7569–75, H7575–76 Order of Procedure: The House agreed by unani- Oath of Office—Twenty-Ninth Congressional mous consent that the ordering of the yeas and nays District of New York: Representative-elect Tom be vacated with respect to the motion to suspend the

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Friday, November 19 12 p.m., Monday, November 22

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E1966 Miller, Jeff, Fla., E1982 Giffords, Gabrielle, Ariz., E1980 Moore, Gwen, Wisc., E1965 Andrews, Robert E., N.J., E1977 Graves, Sam, Mo., E1972, E1974, E1976, E1977, E1978, Nye, Glenn C., Va., E1987 Austria, Steve, Ohio, E1971 E1979, E1980, E1981 Paul, Ron, Tex., E1963 Berman, Howard L., Calif., E1978 Guthrie, Brett, Ky., E1960, E1989 Pence, Mike, Ind., E1988 Bilirakis, Gus M., Fla., E1964 Hastings, Alcee L., Fla., E1969 Pingree, Chellie, Me., E1984 Bishop, Sanford D., Jr., Ga., E1977 Hirono, Mazie K., Hawaii, E1980 Polis, Jared, Colo., E1964 Boehner, John A., Ohio, E1971 Holt, Rush D., N.J., E1961, E1983 Pomeroy, Earl, N.D., E1967 Bono Mack, Mary, Calif., E1970 Jones, Walter B., N.C., E1971 Rahall, Nick J., II, W.Va., E1975, E1981 Braley, Bruce L., Iowa, E1960 Kennedy, Patrick J., R.I., E1974 Rothman, Steven R., N.J., E1981 Buchanan, Vern, Fla., E1960 Kingston, Jack, Ga., E1987 Sa´ nchez, Linda T., Calif., E1980 Capps, Lois, Calif., E1982 Kucinich, Dennis J., Ohio, E1960, E1970, E1987 Schwartz, Allyson Y., Pa., E1987 Cleaver, Emanuel, Mo., E1962 Lamborn, Doug, Colo., E1981, E1986 Scott, David, Ga., E1986 Clyburn, James E., S.C., E1969, E1984 Larson, John B., Conn., E1979 Scott, Robert C. ‘‘Bobby’’, Va., E1973, E1978 Cohen, Steve, Tenn., E1988 Latham, Tom, Iowa, E1959, E1961, E1963, E1965, E1966, Sessions, Pete, Tex., E1979 Connolly, Gerald E., Va., E1959, E1983, E1984, E1984, E1968, E1970, E1971, E1972, E1985 Shadegg, John B., Ariz., E1972 E1985 Levin, Sander M., Mich., E1970 Shimkus, John, Ill., E1982 Courtney, Joe, Conn., E1966, E1972, E1985 Lungren, Daniel E., Calif., E1980 Smith, Christopher H., N.J., E1968, E1983 Davis, Danny K., Ill., E1974 McClintock, Tom, Calif., E1960, E1986 Thompson, Bennie G., Miss., E1976 Ellison, Keith, Minn., E1972 McDermott, Jim, Wash., E1979 Thompson, Mike, Calif., E1964 Faleomavaega, Eni F.H., American Samoa, E1968, Mack, Connie, Fla., E1977 Towns, Edolphus, N.Y., E1980, E1982 E1989 Markey, Edward J., Mass., E1975 Watson, Diane E., Calif., E1962 Farr, Sam, Calif., E1988 Marshall, Jim, Ga., E1976 Wilson, Joe, S.C., E1964 Fox, Virginia, N.C., E1961 Miller, George, Calif., E1967 Woolsey, Lynn C., Calif., E1965, E1975, E1985

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