November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16847 SENATE—Tuesday, November 8, 2011

The Senate met at 10 a.m. and was be in a period of morning business for The bill wouldn’t add a dime to the called to order by the Honorable 1 hour, with the majority controlling deficit, so there should be no objection JEANNE SHAHEEN, a Senator from the the first half and the Republicans con- there. It is paid for with a non- State of New Hampshire. trolling the final half. Following morn- controversial extension of an existing ing business, we will resume consider- fee on VA-backed mortgages. It is a PRAYER ation of the motion to proceed to H.R. version of the same bill for which The Chaplain, Dr. Barry C. Black, of- 674. At noon, the Senate will be in ex- House Republicans already voted. Re- fered the following prayer: ecutive session to consider the nomina- publicans have voted for tax credits for Let us pray. tion of Evan Wallach to be U.S. Circuit companies that hire out-of-work and Sovereign God and ultimate ruler of Judge for the Federal Circuit. At 12:15 disabled veterans in the past, so that this Nation, as our lawmakers remem- p.m., the Senate will vote on confirma- can’t be the holdup. We will pass this ber their accountability to You, use tion of the Wallach nomination. Fol- important legislation as an amendment them to protect the blessing of liberty. lowing that vote, the Senate will be in to a bill sent over from the House to Continue to provide encouragement recess until 2:15 p.m. to allow for our repeal a 3 percent withholding provi- and support to the members of their weekly caucus meetings. We expect to sion from government contractors. Re- staffs, who help provide for the secu- begin consideration of H.R. 674 today. publicans have been chomping at the rity and well-being of the citizens of Senators will be notified when addi- bit to pass this measure, so the House this land. tional votes are scheduled. vehicle for VOW to Hire Heroes is not Lord, cover us all with Your protec- f the source of their radio silence, I am tion and providence, and may Your sure. gracious benediction give us peace this MEASURES PLACED ON THE There are no procedural or philo- day and evermore. Keep our thoughts CALENDAR—H.R. 2930 AND H.R. 2940 sophical hurdles to passing this bill. clear, our words wise, and our hearts Mr. REID. Madam President, there But don’t take my word for it, Madam pure. are two bills at the desk. They are both President. JEFF MILLER, the Repub- We pray in Your great Name. Amen. due for a second reading. lican chairman of the House Veterans’ f The ACTING PRESIDENT pro tem- Affairs Committee, said this about this pore. The clerk will report the bills by bipartisan legislation yesterday: PLEDGE OF ALLEGIANCE title for the second time. Today, we are putting aside politics and The Honorable JEANNE SHAHEEN led The legislative clerk read as follows: putting America’s veterans first. This is how the Pledge of Allegiance, as follows: A bill (H.R. 2930) to amend the securities the process should work. The VOW Act, which passed the House with overwhelming I pledge allegiance to the Flag of the laws to provide for registration exemptions bipartisan support, provides the framework of America, and to the Repub- for certain crowdfunded securities, and for for this legislation and gets to the root of lic for which it stands, one nation under God, other purposes. indivisible, with liberty and justice for all. A bill (H.R. 2940) to direct the Securities many of the employment problems our vet- erans face. f and Exchange Commission to eliminate the prohibition against general solicitation as a With nearly a quarter of a million APPOINTMENT OF ACTING requirement for a certain exemption under Iraq and Afghanistan veterans unem- PRESIDENT PRO TEMPORE Regulation D. ployed, this legislation can’t come a The PRESIDING OFFICER. The Mr. REID. Madam President, I object moment too soon. Yet Senate Repub- clerk will please read a communication to any further proceedings with respect licans remain curiously silent on this to the Senate from the President pro to these two bills. legislation. tempore (Mr. INOUYE). The ACTING PRESIDENT pro tem- It is inconceivable that my Repub- The legislative clerk read the fol- pore. Objection having been heard, the lican colleagues perceive this legisla- lowing letter: bills will be placed on the calendar tion to be unnecessary, but it also U.S. SENATE, under rule XIV. seemed unthinkable that Republicans PRESIDENT PRO TEMPORE, f would unanimously oppose legislation , DC, November 8, 2011. to create hundreds of thousands of jobs To the Senate: VOW TO HIRE HEROES for teachers, firefighters, and construc- Under the provisions of rule I, paragraph 3, LEGISLATION tion workers. of the Standing Rules of the Senate, I hereby Mr. REID. Madam President, yester- Here is what is at stake. The number appoint the Honorable JEANNE SHAHEEN, a day my friend the Republican leader of unemployed post-9/11 veterans has Senator from the State of New Hampshire, gone up by 30,000 in the last year alone. to perform the duties of the Chair. ticked off a list of bills on which he be- DANIEL K. INOUYE, lieves Democrats and Republicans can Nearly 250,000 men and women who vol- President pro tempore. agree. I couldn’t help but notice that unteered to fight overseas for the flag Mrs. SHAHEEN thereupon assumed the VOW to Hire Heroes legislation and the privileges and freedoms it rep- the chair as Acting President pro tem- that would give tax cuts to companies resents can’t find a job here at home. pore. to hire out-of-work and disabled vet- That number will only grow as the two erans wasn’t on that list he ticked off. wars draw to a close. One in five young f The bill I just referred to, the VOW veterans—veterans under age 25—is un- RECOGNITION OF THE MAJORITY to Hire Heroes legislation, ought to be employed. On any given night, at least LEADER free of even a whiff of controversy. 75,000 veterans, including 2,500 in Ne- The ACTING PRESIDENT pro tem- House Republicans already voted for vada, sleep on the streets. They are pore. The majority leader is recog- the major components of that bill—a homeless. We should all be able to nized. plan to give older veterans access to agree that even 1 night is too many for f job training so they can keep up with our Nation’s heroes to pass without a the rapidly changing workplace and to roof over their head. Young veterans SCHEDULE help young veterans transition from are more than twice as likely as their Mr. REID. Madam President, fol- Active-Duty service to the civilian peers to be homeless and four times as lowing leader remarks, the Senate will workplace. likely to live in poverty. During tough

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

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Where do they While the President has been out on Nearly 200 House Democrats agree with stand on the VOW to Hire Heroes Act? bus tours, Republicans in the House that, and so does President Obama. As I ask my Republican colleagues, do you have been debating and passing bipar- I said yesterday, this bill is about as believe we should lend a hand to those tisan legislation aimed at making it bipartisan as it gets. The only thing who defend our freedom? Of course. Or easier for businesses across the country standing in the way of passing it in the do you think this Nation’s responsi- to grow and to create jobs. Over the Senate is the Democrats who schedule bility to its veterans ends the day they past 2 weeks, I have highlighted some legislation around here, and the only take off that uniform? of their good work. reason they could have for blocking it Andrew Carnegie once said that the Yesterday, I mentioned in particular is that it steps on their campaign older he got, the less mind he paid to a bill the House passed just last week strategy. what men say. ‘‘I just watch what they called the Small Company Capital For- I think that is a mistake. I think the do,’’ he said. So I remind my Repub- mation Act, H.R. 1070, a bill that re- American people can see Republicans lican friends that the men and women ceived 421 votes, including 183 Demo- in the House passing all these bipar- of the U.S. Armed Forces—those who cratic votes. Only 1 person of the entire tisan bills aimed at spurring job cre- wear the uniform today and those who 435-Member House of Representatives ation, and they wonder why Senate wore it once—are watching what my voted against the bill—just 1. And Democrats won’t actually take them Republican colleagues do. President Obama endorsed the idea up. f contained in this bill in his jobs speech This should be easy. They have al- a couple of months ago. The question ready done the hard work of finding RECOGNITION OF THE MINORITY is, Why in the world wouldn’t the jobs bills that we know can pass both LEADER Democratic majority take it up and Chambers and that the President would The ACTING PRESIDENT pro tem- pass it right here in the Senate? If probably sign. Let’s take up the bipar- pore. The minority leader is recog- Democrats are more interested in pass- tisan companion bill of Senators nized. ing legislation that helps put Ameri- TOOMEY and TESTER to the House bill— f cans back to work than they are in their bill is S. 1544—and let’s pass it, raising taxes, they should at least TACKLING THE JOBS CRISIS and then let’s send it to the President work with us to pass the bills the for his signature so it can become law. Mr. MCCONNELL. Madam President, President himself has endorsed. If you are for creating jobs, you it has now been 2 months since the This morning, I want to say again should be for this bill. As the AP put it President came before Congress and how pleased I am we will be taking up last month: outlined his plan for tackling the jobs Senator BROWN’s 3 percent withholding Companies use the cash they raise to crisis—a plan that can best be de- bill to help ease the burden on govern- grow—and that means hiring people . . . and scribed as a rehash of the same failed ment contractors and that we will have at a time when 14 million Americans are policies of the past few years disguised a vote on and hopefully debate the Vet- looking for work and the unemployment rate as a bipartisan overture, a political erans bill. I would like to call on the has been stuck near 9 percent for two years, strategy masquerading as a serious leg- Democratic majority in the Senate to the last thing the economy needs is for one engine of hiring to stall. islative proposal. The President put keep it up by taking up H.R. 1070 or its this plan together knowing the Repub- bipartisan Senate companion bill, S. A recent report by NASDAQ of com- licans would oppose it. In other words, 1544, sponsored by Senators TOOMEY panies that went public from 2001 to it was actually designed to fail, as the and TESTER. 2009 found that those companies in- White House aides have readily admit- Take up this legislation that has al- creased their collective workforce by 70 ted to reporters for weeks. This was ready passed the House with the sup- percent after making the initial public not, I repeat, a serious effort to do port of almost everybody over there offering—a 70-percent increase in em- something about jobs and the economy. and show the American people that you ployment after making an initial pub- It was a serious effort to help the care more about creating jobs than cre- lic offering. President’s reelection campaign by ating campaign slogans. Let’s not What this bill does is enable more making Republicans in Congress look make the bills we will be voting on companies to take that leap and start intransigent. today the exception but the rule hiring once they have. This is the kind So what I have been saying for the around here. Why don’t we just keep it of thing we should be doing more of in past few weeks is let’s put the political up? the Senate. Let’s put the partisan bills games aside. We will have time for the Right now, small, growing businesses aside and let’s focus on bipartisan leg- election next year. The American peo- aren’t expanding their businesses islation. Instead, why don’t we shoot ple want us to do something about jobs through a public offering because they for success. right now. simply can’t afford the high cost of the DETAINING ENEMY COMBATANTS Well, it appears the message may be government paperwork they are re- Last week, the White House an- finally breaking through. I was just lis- quired to manage. Instead of going out nounced that Prime Minister Nouri al- tening to my friend the majority leader there and raising money to grow and Maliki of Iraq will be meeting with the talking about the measure before us— hire, they are holding back. They are President here on December 12. This something we support and look forward not expanding. And if they are not ex- meeting comes at an important time, to passing. It has been championed by panding, they are not hiring. This bill as our own military forces will be Senator SCOTT BROWN of Massachusetts would remove some of that burden drawing down their presence within as something that would help contrac- from smaller businesses and help them Iraq, and the future of our bilateral se- tors who do business with the govern- gain access to new capital that they curity relationship remains very uncer- ment. I was also glad to see that the can invest in their businesses and their tain. But our withdrawal from Iraq Veterans bill, which contains many employees. raises another important matter I hope provisions supported by Republicans, Yesterday, I mentioned the CEO of a the President will raise with Prime will be the first amendment. So maybe pharmaceutical company in Pennsyl- Minister Maliki and which highlights we are making some progress. This is vania who says that he has a promising some of the difficulties that will result just the kind of thing we have been new drug for treating chronic kidney from the military drawdown there, and

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Mussa Daqduq, the senior Hezbollah from humane treatment but they won’t f operative currently in our joint cus- enjoy the legal rights of detainees who MILITARY DRAWDOWN IN IRAQ tody in Iraq. Daqduq is in joint custody are brought here, including the possi- in Iraq between the United States and bility of release into the United States. Mr. DURBIN. Madam President, I lis- the Iraqi Government. Third, the Executive orders signed by tened carefully to the statement made In 2005, Daqduq was directed by sen- the President in January in 2009 were by the minority leader, Senator ior Hezbollah leaders to travel to Iran, issued with an eye toward fulfilling MCCONNELL, the Republican leader. His where he trained Iraqi extremists in candidate Obama’s campaign promises, last statement was about the military the use of explosively formed rather than after conducting a serious drawdown in Iraq. penetrators, mortars, and other ter- review of sound counterterrorism pol- There were some of us on the Senate rorist tactics. Among other things, icy. Now, 3 years after taking office, floor who were here 10 years ago when Daqduq is suspected of orchestrating a the President has had enough firsthand the vote was taken on the invasion of kidnapping in Karbala, Iraq, 4 years experience dealing with terrorism to Iraq, and 23 of us voted no—1 Repub- ago that resulted in the murder of five know that many of the terrorists held lican and 22 Democrats—because we U.S. military personnel. It is a safe bet at Guantanamo can’t be sent back to felt the focus of American military that if Daqduq is transferred to Iraqi places such as Yemen, where they are power and energy should be to avenge control, he will return to the fight likely to return to the fight. But the what happened on 9/11 by focusing our against the United States. President President’s own Executive orders have resources on the great men and women Obama should insist in his meeting denied our military commanders and in uniform in Afghanistan and al-Qaida with Prime Minister Maliki that U.S. our intelligence community the cer- and Osama bin Laden. President Bush forces retain custody of Daqduq and tainty they need when they capture, and his supporters believed otherwise. transport him to the detention facility detain, and interrogate terrorist sus- They called for a war in another coun- at Guantanamo Bay. pects. His early Executive orders, for try, in Iraq, a country which was not The detention of Daqduq touches on instance, ended the CIA’s detention implicated in any way with what hap- three important issues in the ongoing program and directed the closing of pened on 9/11. Twenty-three of us war on terror. First, with the with- Guantanamo. The order to close Guan- thought that was a mistake. drawal of our military presence from tanamo makes little sense. Well, here we are almost 10 years Iraq, the United States will lose the It is not Republicans who are tying later. We have spent $1 trillion in Iraq, ability to detain enemy combatants the President’s hands in prosecuting we have lost over 4,400 of our brave such as Daqduq in Iraq. Current plans the war on terror. He did that himself men and women who served in uniform, are for the U.S. military to have com- with the shortsighted Executive orders and now we have a leadership in Iraq pleted our transition to the security he signed during his first days in office. which is suspect. Maliki, the leader, forces of Afghanistan by the end of As our country withdraws from Iraq has shown in the past to be close to the 2014, and we should expect that we will and transitions further responsibilities Iranians—not our friends and not the lose the ability to detain enemy com- to the Afghan security forces in Af- friends of Western values. I am un- batants there as well. Our military ghanistan, we will need a place to send happy with that outcome. But when commanders in Afghanistan should foreign fighters such as Warsame and you deal with democracy or some form therefore anticipate losing the ability Daqduq. That place is the military de- of it, the people of a country choose to detain enemy combatants by that tention facility at Guantanamo Bay in their leaders. That is the reality. date. As we saw in the capture of Abdul Cuba. President Bush, before he left office, Warsame, the Somali terrorist accused In his discussions with Prime Min- negotiated a timetable to bring Amer- of providing materiel support to al- ister Maliki, the President should, of ican troops home from Iraq, and the Qaida in the Arabian Peninsula and Al course, discuss the role the U.S. mili- timetable called for that to happen by Shaabab and detained on a U.S. Navy tary will play in Iraq after the end of the end of this year. What President ship at sea, there remains a strong this year and how our two countries Obama did when he came into office likelihood that our military and intel- can work together to preserve the was to take this planned withdrawal of ligence community will need a secure gains made through the sacrifice of so American troops by President Bush detention facility to house these for- many brave Americans, and to combat and implement it. There came a ques- eign fighters. The issue is, what are Iranian influence. But in addition to tion at the end whether all of the you going to do with them. these important matters, the President troops would leave or some would stay. Rather than being kept in military should also insist that the Prime Min- What President Obama tried to nego- custody overseas, Warsame was flown ister retain custody of Daqduq and tiate was a guarantee that if American to the United States and placed in the send him to Guantanamo as soon as troops stayed in Iraq, they would not civilian system. But the logical place possible. be charged and tried in Iraqi courts; for long-term or indefinite detention of Madam President, I yield the floor. that they would be subject to punish- ment for wrongdoing but it would be foreign fighters such as Warsame is not f on a ship at sea or in our private prison under the premise, as it would in most system but rather, as I have said many RESERVATION OF LEADER TIME cases, that it would be done under times before, at the secure detention The ACTING PRESIDENT pro tem- American military law. Mr. Maliki and facility at Guantanamo. pore. Under the previous order, the the Iraqis said no, and the President Second, it is worth noting that the leadership time is reserved. said we are not going to leave our men Obama administration has tied its own f and women in uniform in Iraq subject hands in the matter of indefinite deten- to a government and courts that may tion of enemy combatants. The admin- MORNING BUSINESS not treat them justly or fairly. istration’s plan to buy a prison in Illi- The ACTING PRESIDENT pro tem- I think the President made the right nois for conversion to a military deten- pore. Under the previous order, the decision. I think if he had made the tion facility makes clear that the Senate will be in a period of morning other decision and said, Leave them President does not oppose law of war business for 1 hour, with Senators per- there and let the Iraqi prosecutors do

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what they wish, we would have heard Senator MCCONNELL sees it other- VETERANS EMPLOYMENT speeches on the floor from the other wise, and he believes it is a mistake to On a separate issue, we are going to side about what an outrage it is to put go to our criminal courts. I would ask consider a Veterans bill today on vet- American soldiers in harm’s way, in him, if he believes that, to explain the erans unemployment, and we will vote jeopardy of an Iraqi military justice score 300 to 3 over the last 10 years. on it soon, in the next day or two. It is system or justice system that may be One last point. This notion that we a bipartisan bill, and it should be. It is unfair and unjust. The President said, cannot safely incarcerate convicted a bill that is based on President no, our troops will come home. terrorists in American prisons has been Obama’s jobs bill, which said in addi- Now comes the criticism from the proven wrong 300 times since 9/11. tion to all the other unemployed in Republican side of the aisle that we are These men have been sent to American America, we should give special help to leaving under a timetable established prisons all around the United States, our returning veterans. by President George W. Bush, leaving including Marion, IL, where we house I remember the President’s speech at because President Obama could not get convicted terrorists. I have been to the joint session of Congress. Members a guarantee of fair treatment of Amer- southern Illinois recently, and people on the Republican side did not jump up ican soldiers if they stayed. What else are not running screaming in the and applaud very often, but they sure would a President do? streets because four or five people con- did when the President said we ought Then the argument is made, well, the victed of terrorism are sitting in the to help our veterans: They fought for problem we have is that we may reach Marion Federal penitentiary. Our peo- America; they should not have to come a point where some of the people ac- ple who work there will take care of back home and fight for a job. Let’s cused of terrorism now being held in those folks, and the folks who live give them a helping hand. Everyone Iraq—we are not certain what is going around that community have no fear. stood up and applauded, as they should to happen with them now. That is a have. I might add that Senator MCCONNELL good question, and I don’t know the an- is mistaken in referring to the Thom- This bill provides incentives for peo- swer to it. But Senator MC ONNELL C —he son prison. Let me say a brief word ple to hire unemployed veterans—we is consistent—believes we should not about something that means a lot to estimate there are about 240,000 of ever consider bringing such a foreign me. Ten years ago, my State built a these veterans—and the tax credits and person accused of terrorism into Amer- prison in Thomson, IL, and then didn’t all the other counseling and assistance ica’s judicial and court system. He ar- have enough money to open it. It has is paid for in the bill. It appears now gues that since this is a war and these been sitting there largely empty for a that this bill—inspired by President are terrorists involved in the war, decade. Now the State of Illinois is pre- Obama’s jobs bill and added to it, I these people should all be directed to pared to sell it to the Federal Bureau might add, the work of the Senate Vet- military courts in the United States, of Prisons. The Federal Bureau of Pris- erans’ Affairs Committee under Sen- military tribunals. We have had that ons negotiated a good price—good for ator PATTY MURRAY—is likely to pass argument on the floor. In fact, we had the State of Illinois and good for us— on a bipartisan basis, and it should, in the debate when we had the vote, when and saves us about $35 million over time for Veterans Day. YOTTE Let me add another point, if I can. I Senator A offered it 1 or 2 weeks building a new prison. So we get a pret- want to help these 240,000 veterans and ago. ty good deal as Federal taxpayers and The majority sentiment in the Sen- all veterans go to work. That is some- Illinois gets sold a 10-year-old prison it ate reflects a reality, and here is the thing we have a duty to do, a solemn is not using. That is pretty good and reality: Since 9/11, 2001, more than 230 moral duty to see happen. But don’t creates a lot of local jobs. terrorists have been successfully pros- forget there are 14 million unemployed ecuted in the article III criminal This has the support not only of my- Americans. President Obama’s bill goes courts of America. So even those who self but the Republican Senator from beyond veterans and says there are are foreign born, such as the most re- Illinois, Mr. MARK KIRK, and Repub- many other people needing a helping cent one, the Underwear Bomber—do lican Congressmen who represent this hand. Help the veterans first—OK, I am you remember the story? He was on a area. We all support this issue. The no- for that; I sign up—but keep on the plane headed to Detroit, tried to deto- tion that Guantanamo detainees are topic, keep on the subject of putting nate a bomb, his clothes caught on fire, coming to Thomson is a dead issue. America back to work. they put out the fire and arrested him. The President proposed it initially. I Unfortunately, now, on three sepa- He pled guilty a few weeks ago in had no objection to it, but it was clear rate occasions we have called up Presi- America’s criminal courts. He was the political sentiment on Capitol Hill dent Obama’s jobs bill on the Senate prosecuted by the Department of Jus- opposed it. I accepted that, I accepted floor, and we could not get one single tice, investigated by the Federal Bu- political defeat, if you will, on this Republican Senator to vote for it—not reau of Investigation, and pled guilty. issue, and said: So be it. No Guanta- one. Their reason is very clear, and He wasn’t the first. In fact, since 9/11 namo detainees can ever go to the they are very explicit about it. Presi- more than 300 accused terrorists have Thomson prison if that is what it takes dent Obama pays for his jobs bill by been successfully prosecuted in our to close the deal. imposing a surtax on those making courts, the same courts Senator The President agreed to it. Attorney over $1 million a year. In other words, MCCONNELL questions whether they General Eric Holder sent a letter up- if someone is making more than $20,000 could adequately protect America. holding it. Senator KIRK, who felt very a week in income in America, they are Three hundred times accused terrorists strongly about this, acknowledged that going to pay a little more—it is about have gone to jail. How many have been this letter made it clear this adminis- 5 percent—for the money earned over prosecuted in military tribunals in tration was not going to transfer those $1 million. The Republicans have come that same period of time? Three. prisoners to Thomson. Here it comes to the floor and said clearly: No deal. Three. Three hundred to three, if you back on the Senate floor today. We will not agree to any jobs bill that are keeping score. I can just say to my friend Senator imposes any new tax burden on the What I say is this or any other Presi- MCCONNELL I hope he will sit down wealthiest people in America. dent should have the power to make with Senator KIRK who will explain That is their position. They are very the right decision as to where someone this is no longer an issue. I am not open about that position. should be prosecuted. If it is in our fighting this issue, the President is not Who disagrees with that? Virtually court system, so be it. There is ample fighting it, there will be no Guanta- everyone in this country. An over- evidence that the FBI and our prosecu- namo detainees at Thomson. Let’s do whelming majority of Democrats and tors are up to that task. If it is in the something right for our Bureau of Pris- Independents and a majority of Repub- military tribunal, so be it. Let the ons and right, I hope, for my home licans and tea party members say it is President make that decision. State of Illinois. not unfair to ask the wealthiest to pay

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We need to continue the effort. NET NEUTRALITY reached some level of compromise be- Last week we tried to put money into Mr. WARNER. Madam President, I tween a series of very strong com- rebuilding America, infrastructure rise in opposition to S.J. Res. 6. This peting interests. By no means do I be- across America—roads, highways, air- resolution would basically roll back lieve the FCC December 2010 order is ports, mass transit. We could not get a the FCC’s compromise over what we perfect. But it does represent a dra- single Republican to support us—not have all been debating: net neutrality. matic step forward in that a majority one. A week before that we said: Let’s This is a subject area I have more than of the players, candidly, in the indus- try to focus on teachers, policemen, a passing interest in. It is a subject I try have reached some accommodation. and firefighters who are losing their had the good fortune to be involved in I do not believe this order in itself is jobs. Let’s try to make sure they do during the practice of my business for a sufficient answer. I do believe we in not lose as many as might happen if we over 20 years before I got involved full Congress are going to need, at some do not act. We could not get a single time in politics and public service. point, to come back and review the Republican to support that either. I, and I know the Presiding Officer Telecommunications Act of 1996. While They will not support any provision and probably all of us in this body, rec- that offered great promise—and I was in the President’s jobs bill that adds ognize that the power of telecommuni- someone who was still in the private one penny in new taxes to a millionaire cations and the power of the Internet sector at that moment in time, some- in America. That is their standard. to transform people’s lives has been re- one who thought we were going to see That is what they are using. markable. Demand for Internet use is true interconnection opportunities for The Veterans bill does not do that, so growing dramatically. Today, nearly 2 truly local competitive access in terms they said they will go along with it. billion people use the Internet. By of telephone services—that did not But it begs the question: If we are seri- 2015—and that is a mere 4 years from come to pass. As a matter of fact, I ous about dealing with this recession now—that number is expected to reach have a number of companies that went and putting people back to work, let’s 2.7 billion. down the tubes that I invested in that not stop with the veterans of America. That is pretty significant: 2.7 billion assumed that 1996 Act would open Let’s start with the veterans of Amer- people using the Internet out of a total those kinds of activities. It did not ica, and let’s do the right thing by worldwide population of 7 billion folks. come to pass. them and the rest of this country. A We are rapidly hitting the point where But having Congress revisit the 1996 payroll tax cut for working Americans nearly half the world will use the Telecommunications Act is not what is struggling paycheck to paycheck so Internet in one form or another to being debated today. What is being de- they have more money, more money to communicate, to effect commerce, to bated is whether we go ahead and allow get by, makes sense. They will spend socially interact. This is a tool. Mak- the FCC’s compromise proposition to that money—they will need to—on the ing sure this tool, this network, this move forward or whether we introduce necessities of life and the purchase of technology, this transformative field further politics into this issue when we goods and services that will create truly remains open, free, and available ought not let politics stand in the way more jobs; second, tax credits to hire to all and is not unduly hindered by of technology and innovation moving those unemployed; third, make certain government regulation is something we forward. we invest in infrastructure, not only all aspire to. Yet even as we see this I know some of my colleagues on the what I mentioned, roads and highways, tremendous growth in the Internet, we other side of the aisle who feel other- but school buildings and community see constraints—constraints put on by wise. They think the FCC’s com- colleges. Also, make sure we do our spectrum resources and access to high- promise order puts too much govern- best for the policemen, firefighters, speed broadband. Mobile app providers ment regulation on innovation. I must and teachers who are facing layoffs all seem to be multiplying exponentially respectfully disagree. If we were talk- across America. day by day. There are already over ing about too much government regu- Those ought to be priorities. They 600,000 applications or ‘‘apps’’ for the lation of innovation, I would be strong- are the President’s priorities. They iPhone. Android—a more recent en- ly standing with those colleagues say- should be our priorities in the Senate. trant into the market—now has over ing that is not what we ought to be The President has strong bipartisan 500,000 ‘‘apps.’’ doing. support for what he is setting out to One of the most incredible things is What we are doing, as we debate this do. The sad reality is we have little or that the United States lays claim to so-called net neutrality issue, is talk- no support when it comes to votes in inventing the Internet which was de- ing about the rights and responsibil- the Senate. veloped by government research link- I yield the floor. ities of network owners and operators The ACTING PRESIDENT pro tem- ing a whole series of computer net- to manage the Internet and, quite hon- pore. The Senator from Rhode Island. works back in the late 1980s and into estly, to allow them to run successful (The remarks of Mr. WHITEHOUSE the early 1990s. While the United businesses in a free and open way. on the introduction of S. 1829 are print- States has been at the forefront of We are also talking about the rights ed in today’s RECORD under ‘‘State- Internet development, unfortunately of consumers to have access to lawful ments on Introduced Bills and Joint due to broadband constraints and spec- content on the Internet without any Resolutions.’’) trum constraints, the United States, prejudice. Without having that net- Mr. WHITEHOUSE. I thank the chair which used to be a leader, is no longer work provider choose one content pro- and yield the floor and note the ab- in that leadership role. For example, vider over another in terms of who gets sence of a quorum. homes in South Korea have greater ac- first dibs, first access to their network. The ACTING PRESIDENT pro tem- cess to faster, more advanced wireless This issue has been debated on and pore. The clerk will call the roll. networks and broadband than we do. off not just this year but for a number The legislative clerk proceeded to So the question in the resolution we of years. In many ways, the current call the roll. are debating is: How do we make sure history on this issue goes back to 2005, The ACTING PRESIDENT pro tem- we continue to grow access to when both the Federal Communica- pore. The Senator from . broadband? How do we make sure the tions Commission and the Supreme

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16852 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 Court determined separately that my State of Virginia there are parts of fact is I give Chairman Genachowski broadband services should be reclassi- Southside and southwest that do not great credit for managing to thread the fied as information services under the have access to full high-speed needle in way that while no one is to- 1996 Telecommunications Act instead broadband connections. tally happy, no one is totally unhappy. of as telecommunications services. While broadband connectivity does The issue of net neutrality has been For those who do not live within the not guarantee economic success, it is a dealt with by the order and we can rather esoteric world of telecom regu- prerequisite for any community in the move on to the next step of the debate. lations, what does this mean in plain 21st century if they are even going to That is, we can turn to making sure we English? Information services have al- get looked at as a possible location for actually complete the buildout of ways had a lighter touch of regulation new jobs. So we have to make sure all broadband networks, particularly to than have telecommunications serv- communities get access to broadband. the rural communities around Amer- ices. That means we have to allow the net- ica. Think about the original regulation work providers at least enough of a What does the FCC order do? It basi- of telecommunications services going rate of return to give them the incen- cally sets three basic rules for how net- back almost to the 1934 act, when we tive to build out their networks. work owners, ISPs, must handle Inter- had, in effect, one telecommunications But it also means that while they net traffic. provider. It was Ma Bell. We could pick have to be able to manage their net- First, it offers greater transparency our phone of any type, as long as it was works, these Internet service providers, about fixed and mobile network man- black, and everybody paid the same ac- cannot discriminate against content agement practices to both consumers cess fee. When we had that kind of mo- providers’ access to networks. It does and content providers. This is terribly nopolistic situation telecommuni- not mean a network provider ought to important. Without that transparency, cations had to be regulated in a more be able to say: I like this content more without that knowledge, to see what appropriate way to make sure the con- than that type of content, particularly we are getting as a consumer—or if you sumers were protected. if the network provider happens to own are a content provider, making sure As we saw the evolution of telecom that content and somehow moves it to your traffic is not being bumped out of services and the breakup of Ma Bell the front of the line. That goes against line by some large network operator— and a move to multiple providers, the grain of everything that has been is terribly important. telecom services still have required a about providing telecommunications in Second, it prevents fixed and mobile slightly heavier hand of regulation this country since the 1934 Act. network providers from blocking traf- than for information services. If this was a simple matter, the in- fic generated by competitors to vary- Back in 2005, the Supreme Court and dustry, the FCC, and others would not ing degrees. What does this mean? It the FCC said that because we have this have been wrestling with it as dramati- means if you are a network manager, if brand new area of broadband—an area cally as they have over the last 5 or 6 you are a network provider—and many that in 2005 we did not fully realize the years. The fact is, network manage- network providers are now starting to potential of, frankly, even in 2011, I am ment is increasingly complicated. So also own content as well—you have to not sure we fully realize the poten- complicated that sometimes it is hard make sure that competitors are treated tial—we are going to view this as infor- to tell exactly what is going on behind fairly. If you are a competitor in terms mation services and, consequently, the scenes. of being a content provider, you want have less regulation. That should be As a former telecommunications ex- to be sure the network you may be put- viewed as a good sign. ecutive and somebody who spent 20 ting your traffic on that has its own Contrary to what some in this debate years being involved in helping to try set of content is not allowing its net- say, there has never been a time when to build out at least part of the wire- work-owned content to get priority, to the management of the Internet or the less network in this country—but as get an unfair advantage. telecommunications networks—which somebody who also is at this point fall- If the networks are going to be open make up, in effect, the backbone of our ing behind on all the current techno- and accessible, neutral networks that Internet system—has not been regu- logical innovations—I would like to we have all come to expect from our lated. Again, as I mentioned earlier, comment I was very current circa 1999, telecommunications networks in the networks—whether they are passing which puts me a bit behind in 2011. past, we have to make sure there is no voice, data, now video or others—all While behind, I do recognize and under- bias. have had some form of regulation going stand that network management in The second part of the FCC order back to the Telecommunications Act 2011 is extraordinarily challenging. tries to make sure these fixed and mo- of 1934. New technologies that allow for bile network providers aren’t able to The question we are asked here today prioritization of network traffic, deep block traffic and give their own con- is: What kind of rules do we want to packet inspection, and the increasing tent priority. have as a society to make sure every- use of metered services and usage- Third, it prohibits fixed broadband one can have free and unfettered access based pricing—all these factors, com- providers from unreasonable, discrimi- to the Internet and to lawful content bined with an effort to make sure we natory practices. Again, this is about in a way that is not biased or preju- are technology neutral in how we get content, but it also tries to get at that diced by the telecommunications pro- this high-speed broadband informa- issue of how do we deal with those vider in the background? tion—whether it is wired, wireless, sat- folks who have huge amounts of con- To me, that means Internet service ellites or otherwise. This all makes tent that can clog the network. We providers have the right to manage the these issues extraordinarily difficult have to make sure that we have open networks as best they can. That means for policymakers to wrestle with. access, but we cannot have people over- network providers have to have the It was in that vein that the FCC con- whelm the network with their par- ability to manage some level of traffic ducted a 2-year process to address con- ticular content without the ability to so they can generate enough revenues cerns about maintaining competitively price that into the network provider’s to continue to build out their net- neutral access to the Internet. So in basic service offerings. works, particularly so rural commu- December of 2010, the FCC adopted an I know many of my colleagues’ eyes nities can have access to these serv- Open Internet Order which is expected are starting to glaze. I even see some of ices. to be implemented on November 20th of the pages’ eyes are starting to glaze as I know the Acting President pro tem- this year, 2011. As I said at the outset, we dive into some of the intricacies of pore knows of parts of northern New the order they put forward is not per- telecommunications practices. But at Hampshire where there are still areas fect. There are many in the industry the end of the day, what the FCC did in that do not have full high-speed who have a partial bone to pick with 2010 will be implemented later this broadband Internet access. I know in various technical components. But the month—unless the Senate rejects it

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16853 and throws all the work out the win- The bill clerk proceeded to call the first to receive the military’s three dow and says let’s go back to square roll. highest medals for bravery for a single one. I think would actually do great Mr. PRYOR. Mr. President, I ask conflict. harm to the progress made and provide unanimous consent that the order for Arkansans serving in the military even greater uncertainty to one of the the quorum call be rescinded. have never wavered when their country fastest growing areas of our economy, The PRESIDING OFFICER. Without called. Whether Active, Guard or Re- telecommunications and broadband. objection, it is so ordered. serves, they have participated in our If we reject this S.J. Res. 6, which I f current efforts abroad and countless hope we will, and allow this com- previous ones. These efforts continue promise that the FCC worked out to HONORING OUR ARMED FORCES to this day. For example, the move forward, I believe it will allow SPECIALIST SARINA BUTCHER National Guard’s Agriculture Develop- the kind of broadband growth, the kind Mr. PRYOR. Mr. President, we are ment Team works with the farmers and of Internet growth we have all come to considering some veterans legislation herdsmen of southern Afghanistan. The expect. And it will help create new jobs this week. I rise to recognize the men 77th Theater Aviation Brigade worked in this country. and women who have selflessly served in Iraq with command and control as- A couple final points. The wireless our Nation as part of the Armed sets in the south. Little Rock Air issues are a particularly challenging Forces. Force Base continues to support tac- policy area still to be addressed. Wire- Veterans Day is approaching. It is tical mobility operations around the less is a newer technology. The FCC de- one way to remind ourselves of the sac- globe while training our future cided in the Order to adopt a lighter rifices so many have made and con- airlifters. hand of regulation rather than the tinue to make for our country. Today, our country is facing many more strict, full telecommunications We pay tribute to individuals such as challenges, from rising unemployment regulation of the 1996 Act. This is be- SPC Sarina Butcher. For the past 18 among veterans to ever-tightening cause of the tremendous growth in the months, she served with valor and dis- budgets. We should not let our current nascent area of mobile services. As of tinction in Afghanistan as an auto- financial difficulties take away the December 2010, 26 percent of U.S. mated logistical specialist with the support we owe those who serve. When households were wireless only, com- Army National Guard. She earned looking for DOD savings, we must keep pared to about 8 percent of the house- awards, including the National Defense in mind that when these individuals holds 5 years ago. The point here is a Service Medal, Army Service Ribbon, joined the service, both sides made a dramatic one. I think about my kids and the Good Conduct commitment. We must honor these who, as they start to move into their Medal. She dreamed of becoming a commitments. When looking for ways to save, we own homes or even into college, don’t nurse, joining the Guard to help her should put our focus on improving even have a phone in their apartment along that path to support her 2-year- processes and capitalize on efficiencies at college. They rely entirely on wire- old daughter. where we can. For example, I recently less. We have to make sure we can con- Last week, at 19 years old, Specialist introduced the Veterans Relief Act, de- tinue to build out these wireless net- Butcher paid the ultimate sacrifice. signed to reduce the backlog at the works in the most robust way possible. Specialist Butcher was the first female Court of Appeals for Veterans Claims. I I think the FCC basically got it right Oklahoma National Guard soldier to be will continue to look for similar ways by not putting any more heavy-handed killed during wartime and the young- to streamline processes, improve effi- regulation on wireless. est Guard member to die in combat in ciencies, and honor the obligations of In closing, the real issue is how do we Iraq and Afghanistan. I spoke to her ensure that consumers and content those who have served. mother, a resident of El Dorado, AR, Today, I look at veterans and say: providers are treated fairly. The Inter- and she stressed how her daughter net was designed as an open medium, Thank you. Thank you for your serv- loved serving our Nation. All our pray- ice, thank you for your sacrifice, and where every service and Web site had ers are with this family. an opportunity to gain a following and thank you for your dedication to our CORPORAL DAVID BIXLER to be successful. This philosophy al- country. It is impossible for me to ar- I also wish to recognize CPL David lows bloggers to compete with main- ticulate the scale of my gratitude, and Bixler of Harrison, AR. I recently had stream media and entrepreneurs across I will continue to support measures the chance to meet David, one of five all sectors to compete globally. Small that honor the veterans of yesterday, servicemembers chosen by the USO for and medium businesses that rely heav- today, and tomorrow. bravery and sacrifice. While on foot pa- ily on Web technologies grow and ex- With that, I yield the floor and sug- trol in Afghanistan, Corporal Bixler port two times as much as businesses gest the absence of a quorum. stepped on an explosive device while The PRESIDING OFFICER. The that don’t, according to McKinsey. Some have argued that neither the saving the lives of his team members. clerk will call the roll. The bill clerk proceeded to call the Congress nor the FCC should do any- The explosion resulted in the loss of roll. thing in this area because there isn’t a both his legs. He was awarded the Sil- Mrs. MCCASKILL. Mr. President, I widespread problem currently. It is im- ver Star for his actions. I was moved by his unwavering strength and cour- ask unanimous consent that the order portant to remember that the reason for the quorum call be rescinded. the Internet has been so successful has age. I spoke with his young daughter, and it was easy to see the pride she has The PRESIDING OFFICER. Without been the fact that no one has been able objection, it is so ordered. to control it—no network provider for her father. alone, no content provider alone. I These two heroes, Sarina and David, f hope that never changes. are part of a long list of Arkansans COMMENDING THE ST. LOUIS I do believe the FCC Order should be throughout our State’s history who an- CARDINALS swered the call to serve. Their re- allowed to be implemented. It helps set Mrs. MCCASKILL. Mr. President, I minimum rules of the road that will solve—that same dedication and love of ask unanimous consent that the Sen- allow Internet growth, broadband country that brought down Osama bin ate proceed to the consideration of S. growth, mobile growth, all areas where Laden—was passed down through gen- Res. 315, introduced earlier today. the United States can regain the lead erations before them. They join the The PRESIDING OFFICER. The and continue to create jobs and ad- ranks of 2LT John Alexander of Hel- clerk will report the resolution by vance prosperity. ena, the second African-American grad- title. With that, I yield the floor and sug- uate from West Point; BG William The bill clerk read as follows: gest the absence of a quorum. Darby of Fort Smith, the first com- A resolution (S. Res. 315) commending the The PRESIDING OFFICER (Mr. mander of the U.S. Army Rangers; and St. Louis Cardinals on their hard-fought TESTER). The clerk will call the roll. Captain Maurice Britt of Carlisle, the victory.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16854 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 There being no objection, the Senate (C) Mr. Tony LaRussa, Manager, St. Louis night after that. So the Cardinals re- proceeded to consider the resolution. Cardinals. turned to St. Louis once again with Mrs. MCCASKILL. I ask unanimous Mrs. MCCASKILL. Mr. President, in their backs against the wall. Once consent that the resolution be agreed St. Louis this fall, we had much that again, everyone assumed it was over to, the preamble be agreed to, the mo- was special and different. We had the because all the Rangers had to do was tions to reconsider be laid upon the that ran through one of win one game. And that is when game table, with no intervening action or de- the playoff games. We had the saying 6 occurred. I was fortunate enough to bate, and any related statements be ‘‘happy flight,’’ and ‘‘happy flight’’ be- be at game 6, and I am saving my tick- printed in the RECORD. came synonymous with a team that et stub for generations to come. People The PRESIDING OFFICER. Without was chocking up improbable victories in St. Louis are going to claim they objection, it is so ordered. night after night, day after day. were at game 6, so I am going to save The resolution (S. Res. 315) was I am going to term this speech a the proof. None of us will ever forget agreed to. ‘‘happy speech.’’ I have had to give a The preamble was agreed to. game 6. number of speeches on the floor of the The resolution, with its preamble, At our eleventh hour, trying to win reads as follows: Senate since I have been blessed our 11th world championship, in the enough to be given this opportunity to S. RES. 315 year 2011, our hometown guy—right serve my State. Sometimes I come to from St. Louis, graduated from Lafay- Whereas, on October 28, 2011, the St. Louis the floor angry. Sometimes I come to Cardinals won the with a 6- ette High School—walked to the plate 2 victory over the in Game 7 the floor frustrated or upset. Some- in the 11th inning, after the Cardinals of the series at in St. Louis, times I come with a passion for a piece twice, with two outs and two strikes, ; of policy that I think is essential in saved the game by getting a hit—twice; Whereas the Cardinals earned a postseason terms of our government operating the not once but twice—so there we were in berth by clinching the Wild way we would want it to operate. Card on the last day of the regular season; the bottom of the 11th with the score Today, I just come happy. I just come tied, and our hometown guy, at the Whereas the Cardinals defeated the heavily happy with the notion that our team favored Phillies and eleventh hour, in the 11th inning, in Brewers to advance to the World Series; provided the kinds of thrills that base- the year 2011, cracked the bat, and that Whereas the Cardinals celebrated an in- ball yearns for in this country—espe- ball sailed out for a home run, and sud- credible come-from-behind victory in Game 6 cially at these moments when many denly we had secured the most improb- of the World Series, which will long be re- families are faced with long days and able and exciting victory in World Se- membered as one of the most dramatic tough decisions as they try to right the ries history. Now, maybe that is hyper- games in the history of the World Series; ship as we travel through a very dif- Whereas Cardinals All-Star Albert Pujols bole, but, honestly, I don’t think so. ficult economy. Find someone who watched that game put on a historic hitting display in Game 3 of The 2011 World Series was an un- the World Series, with 5 hits, 3 home runs, who knows baseball, and they will tell and 6 runs batted in; likely one for our Cardinals. It wasn’t you that was among one of the very Whereas Cardinals star pitcher Chris Car- supposed to happen. Bookies made a lot best World Series games in the history penter started 3 games in the World Series, of money off the World Series this year of American baseball. And what a his- allowing only 2 runs in Game 7 after only 3 because the Cardinals weren’t supposed tory that is. With that one crack of the days of rest and earning the win in the deci- to be in it. The Cardinals were 101⁄2 sive game; bat, became Cardinal games out with 30 days to go. In fact, World, and all of the world stood in Whereas David Freese, a native of St. the Cardinals secured their wild card Louis, won the World Series Most Valuable amazement as we cheered like crazy Player Award; berth on the last day of the season at for our Cardinals. the eleventh hour. As a wild card team, Whereas Manager Tony LaRussa won his What did this team do this year? We second World Series title with the Cardinals, they weren’t supposed to do well. They his third overall, and remains one of only 2 weren’t supposed to defeat Philadel- had a masterful manager whom we will managers to win World Series titles as the phia. That just wasn’t going to happen. miss very much. We had David Freese, manager of a National League and an Amer- Philadelphia has one of the top three our hometown guy, who rose to the oc- ican League team; payrolls in baseball, right? That wasn’t casion when we needed him. We had Al- Whereas the Cardinals won the 11th World bert Pujols. We had Carp, who was Series championship in the 129-year history going to happen. Well, it did. We won against Philadel- amazing as a pitcher. We had a of the team; that rose to the occasion when nec- Whereas the Cardinals have won more phia and then took on the mighty World Series championships than any other Brewers, the winner of our division, essary, after they had been maligned team in the National League; and, of course, we won that also. Then through most of the season. We had Whereas the Cardinals once again proved it was on to the Texas Rangers, who Yadi, we had Craig, and we had so to be an organization of great character, were supposed to win this year because many of our players who did what had dedication, and heart, a reflection of the city they had won last year, and we weren’t to be done when it had to be done to of St. Louis and the State of Missouri; and deliver a World Series championship to Whereas the St. Louis Cardinals are the supposed to be able to compete with the depth and breadth of the Texas a city that loves them more than we 2011 World Series champions: Now, therefore, love the arch and more than we love be it lineup. Well, as everyone now knows, Resolved, That the Senate— that is not how the story ended. our beer. (1) commends the St. Louis Cardinals on This was a special World Series. It For years now, young people will their 2011 World Series title and outstanding was a unique World Series. It was com- hear over and over that old cliche performance during the 2011 Major League petitive. It was fun. And I was lucky about refusing to quit. You can never Baseball season; give up. And I have to tell you the (2) recognizes the achievement of the play- enough to be at some of the games. In ers, coaches, management, and support staff, fact, I was at game 3 when Albert truth, it is a cliche I have used with whose dedication and resiliency made vic- Pujols put on a show for the world. He my kids when they were moping tory possible; showed everyone why he is the best around and grumbling: Oh my life is (3) congratulates the city of St. Louis, Mis- player in baseball—three towering horrible. You say to them: You can’t souri, and St. Louis Cardinals fans every- home runs in one World Series game. quit. You can’t give up. Well, this team where; and All of a sudden his name was being is going to allow parents in St. Louis (4) respectfully requests the Secretary of used in the same sentence as Lou and beyond for many years to say: See. the Senate to transmit an enrolled copy of See what happens when you don’t give this resolution to— Gehrig. (A) the Honorable Francis Slay, Mayor of It was a special night to watch the up. See what happens when you refuse the city of St. Louis, Missouri; Cardinals pound the Rangers in Arling- to quit. You can win a championship if (B) Mr. William Dewitt, President, St. ton, TX, but the Rangers came back you just refuse to die. And that is ex- Louis Cardinals; and the next night to win and the next actly what our Cardinals did.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16855 On behalf of Cardinal Nation and Republican and Democratic. Twenty- approved without further delay. In ad- thousands of people around this coun- one of these judicial nominations were dition, the Senate should give consider- try who were proud of what St. Louis unanimously approved by the Judici- ation to Caitlin Halligan’s nomination. represented—a fall classic with our ary Committee. Senate Democrats are Her nomination to the DC Circuit was classic Cardinals bringing home the prepared to have votes on all these im- approved by the committee in March. victory for a city that loves them—God portant nominations. I know of no Judge Wallach is only the seventh of bless them all. And God bless the fans good reason why the Republican lead- President Obama’s circuit court nomi- who understand it is okay to cheer for ership is refusing to proceed on 24 of nations the Senate has considered this a sac fly, who understand baseball bet- the 25 nominations stalled before the year, compared to 12 at this point in ter than most fans around the country. Senate. At a time when the vacancy President Bush’s third year. We are not They will now wait anxiously for rate on Federal courts throughout the doing nearly as well despite five addi- spring training so we can begin once country remains near 10 percent, the tional circuit court nominations on the again our love affair with the St. Louis delay in taking up and confirming Senate Calendar awaiting a vote. By Cardinals. these consensus judicial nominees is this point in the third year of Presi- Mr. President, I yield the floor, and I inexcusable. dent Bush’s administration, the Senate suggest the absence of a quorum. I know that Senator REID is espe- had confirmed 29 of his circuit court The PRESIDING OFFICER. The cially pleased that the Senate has the nominees. By comparison, the Senate clerk will call the roll. opportunity for a final vote on the has confirmed only 22 of President The assistant editor of the Daily Di- nomination of Judge Evan Wallach to Obama’s circuit court nominees. By gest proceeded to call the roll. fill a vacancy on the Federal Circuit. this point in the Bush administration, The PRESIDING OFFICER. The Sen- Judge Wallach is an experienced jurist vacancies had been reduced to 42. By ator from Maine. with a distinguished record who has comparison, today they stand at 83. By Ms. SNOWE. Mr. President, I ask been serving on the U.S. Court of Inter- this point in President Bush’s first 3 unanimous consent that the order for national Trade. He received the highest years, the Senate had confirmed 167 of the quorum call be rescinded. possible rating from the American Bar his Federal circuit and district court The PRESIDING OFFICER. Without Association’s Standing Committee on nominees. So far in the 3 years of the objection, it is so ordered. the Federal Judiciary, unanimously Obama administration, that total is f ‘‘well qualified.’’ only 115. I am delighted that Judge Wallach’s During President Bush’s first 4 years, EXECUTIVE SESSION nomination has not been delayed as the Senate confirmed a total of 205 long as others. This nomination was re- Federal circuit and district court ported by the Judiciary Committee on judges. As of today, we would need an- NOMINATION OF EVAN J. WAL- October 6. There is no good reason why other 90 confirmations over the next 12 LACH TO BE UNITED STATES all judicial nominations are not consid- months to match that total. That CIRCUIT JUDGE FOR THE FED- ered within a month of being reported, means a faster confirmation rate for ERAL CIRCUIT especially the consensus nominees re- the next 12 months than in any 12 The PRESIDING OFFICER. Under ported unanimously by the Judiciary months of the Obama administration the previous order, the Senate will pro- Committee. It is my hope that this to date. That would require Senate Re- ceed to executive session to consider timeline can be an example and set the publicans to abandon their delaying the following nomination, which the standard for action on other nomina- tactics. I hope they will. This is an clerk will report. tions, as well. When the Senate ap- area where the Senate must come to- The assistant editor of the Daily Di- proved the nomination of Judge Zipps gether to address the serious judicial gest read the nomination of Evan J. of Arizona less than 1 month after it vacancies crisis on Federal courts Wallach, of New York, to be United was reported by the committee, we around the country that has persisted States Circuit Judge for the Federal showed that there is no need for addi- for well over 2 years. We can and must Circuit. tional delay. These needless delays per- do better for the millions of Americans The PRESIDING OFFICER. Under petuate vacancies and deny the Amer- being made to suffer by these unneces- the previous order, there is 15 minutes ican people the judges needed in our sary Senate delays. of debate equally divided and con- courts to provide justice. More than half of all Americans— trolled between the Senator from What is disappointing is that the over 162 million—live in districts or Vermont and the Senator from , or Senate Republican leadership has yet circuits that have a judicial vacancy their designees. to agree to votes on the long-pending that could be filled today if Senate Re- The Senator from Maine. nominations of Judge Chris Droney of publicans just agreed to vote on the Ms. SNOWE. Mr. President, I suggest Connecticut to fill a judicial emer- nominations now pending on the Sen- the absence of a quorum. gency vacancy on the Second Circuit, ate calendar. As many as 24 States are The PRESIDING OFFICER. The Morgan Christen to fill one of several served by Federal courts with vacan- clerk will call the roll. judicial emergency vacancies on the cies that would be filled by these nomi- The assistant editor of the Daily Di- Ninth Circuit, or Judge Adalberto Jor- nations. Millions of Americans across gest proceeded to call the roll. dan to fill a judicial emergency va- the country are harmed by delays in Mr. GRASSLEY. I ask unanimous cancy on the Eleventh Circuit. The overburdened courts. The Republican consent the order for the quorum call Droney nomination has been stalled for leadership should explain why they will be rescinded. 31⁄2 months despite there being no oppo- not consent to vote on the qualified, The PRESIDING OFFICER. Without sition. The Christen nomination has consensus candidates nominated to fill objection, it is so ordered. been pending a month longer than these extended judicial vacancies. Mr. LEAHY. Mr. President, I thank Judge Wallach’s and was also reported Senator GRASSLEY and I have worked the majority leader for pressing for- unanimously. Judge Jordan’s nomina- together to ensure that each of the 25 ward to secure a vote on another of the tion is approaching 1 month on the nominations on the Senate Calendar 25 judicial nominees ready for Senate Senate Executive Calendar despite his was fully considered by the Judiciary consideration. I am disappointed that being a consensus nominee supported Committee after a thorough but fair the Senate Republican leadership by both his Democratic and Republican process, including completing our ex- would only agree to vote on 1 of the 25 home State Senators. Also pending is tensive questionnaire and questioning judicial nominees ready and waiting the nomination of Stephanie Thacker at a hearing. This White House has for final Senate action. All 25 of the to fill a vacancy on the Fourth Circuit. worked with the home state Senators, nominees are qualified and have the All of these consensus circuit court Republicans and Democrats, and each support of their home state Senators, nominations should be considered and of the judicial nominees being delayed

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16856 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 from a Senate vote is supported by erage. President Bush’s nominees were lach worked as a general counsel and both home State Senators. The FBI has forced to wait 247 days. The same can public policy adviser to Senator HARRY conducted a thorough background re- be said of President Obama’s district REID. He also served as a judge advo- view of each nominee. The ABA’s court nominees, who had their hear- cate for the Nevada Army National Standing Committee on the Federal ings, on average, in just 79 days. Presi- Guard from 1989 to 1995. In 1991, Judge Judiciary has conducted a peer review dent Bush’s district court nominees Wallach was called up to active duty to of their professional qualifications. waited 120 days, on average, for a hear- serve as an attorney in the Office of When the nominations are then re- ing. the Judge Advocate General of the ported unanimously by the Judiciary President Obama’s circuit and dis- Army-International Affairs Division Committee, there is no reason for trict nominees have been reported fast- during the first gulf war. months and months of further delay er than those of President Bush—in The American Bar Association before they can start serving the Amer- fact, almost 35 percent faster. I would Standing Committee on the Federal ican people. hope that my colleagues on the other Judiciary has rated Judge Wallach No resort to percentages of nominees side of the aisle would acknowledge with a unanimous ‘‘Well Qualified’’ rat- ‘‘processed’’ or ‘‘positive action’’ by this cooperation, and they sometimes ing. the committee can excuse the lack of do. But it is important to remind ev- Mr. REID. Mr. President, Judge Evan real progress by the Senate. In the eryone that our duty as U.S. Senators Wallach has been my friend for a very past, we were able to confirm con- is not to rubberstamp the President’s long time. sensus nominees more promptly, often nominees. We must carefully examine I have known him since he was a law- within days of being reported to the the records and qualifications of each yer in Nevada. He worked at Lionel full Senate. They were not forced to nominee before us to determine if they Sawyer & Collins for almost 2 decades. languish for months. The American are fit to serve the public for lifetime He is a good man and a good jurist, people should not have to wait weeks positions. I don’t believe my constitu- and I believe he is a wonderful nominee and months for the Senate to fulfill its ents would expect any less. for the U.S. Court of Appeals for the constitutional duty and ensure the The fact that we are here, confirming Federal Circuit. ability of our Federal courts to provide the 54th article III judicial nominee, He is also a scholar. Judge Wallach justice to Americans around the coun- shows we have been performing our due graduated from the University of Ari- try. diligence. However, we will continue to zona and then got his law degree from The American people need func- hold quality confirmed over quantity UC Berkeley. But one law degree tioning Federal courts with judges, not confirmed. wasn’t enough, so he went on to get an- vacancies. Though it is within the Sen- I would like to say a few words about other degree at the renowned Univer- ate’s power to take significant steps to Judge Wallach. sity of Cambridge Law School in Eng- address this problem, refusal by Senate Judge Wallach presently serves as a land. Republicans to consent to vote on con- judge of the U.S. Court of International Now he passes on that great wealth sensus judicial nominations has kept Trade. He was appointed to that court of knowledge to others. Since 1997, he judicial vacancies high for years. The by President Clinton in 1995, following has served as an adjunct law professor, number of judicial vacancies has been confirmation by the Senate. teaching the law of war and other near or above 90 for over 21⁄2 years. A I would note that the Federal Cir- courses at Brooklyn Law School, New recent report by the nonpartisan Con- cuit, the court to which Judge Wallach York Law School and several other gressional Research Service found that is nominated, is the appellate court for worthy institutions. these delays have resulted in the long- the Court of International Trade. In Judge Wallach is also a patriot with est period of historically high vacancy addition to international trade, the a long history of serving his country in rates on Federal district courts in the court hears cases on patents, trade- our armed forces. last 35 years. These needless delays do marks, government contracts, certain He and his two older brothers volun- nothing to help solve this serious prob- money claims against the U.S. Govern- teered to serve in Vietnam, and Judge lem and are damaging to the Federal ment, veterans’ benefits, and public Wallach was awarded the Bronze Star. courts and the American people who safety officers’ benefits claims. Of par- But his service to his country didn’t depend on them. ticular interest to me, this court has end there. My friend served in the Ne- Mr. GRASSLEY. Mr. President, exclusive jurisdiction over cases re- vada Army National Guard from 1989 today the Senate will confirm Judge lated to Federal personnel matters. until 1995 as an attorney-advisor. Evan Jonathan Wallach to be a U.S. That includes exclusive jurisdiction During the Gulf War, in 1991, he took circuit judge for the Federal Circuit. over appeals from the Merit Systems a leave of absence from his law prac- With this vote, we will have confirmed Protection Board, MSPB, which hears tice—where he was a partner—to serve 54 article III judicial nominees during whistleblower cases under the Whistle- as an active-duty attorney-advisor. He this Congress, and 18 in just over a blower Protection Act. served in the Office of the Judge Advo- month. In only eight sessions of Con- Evan Wallach received a bachelor of cate General of the Army at the Pen- gress in the past 30 years has the Sen- arts from the University of Arizona in tagon. ate confirmed more judicial nominees. 1973, his juris doctorate from Univer- He has also served as a Circuit Court Our progress extends beyond the Sen- sity of Boalt Hall School of judge in the 2nd, 3rd and 9th Circuits, ate floor and into the Judiciary Com- Law in 1976, and his bachelor of laws and as a District Court judge in Ne- mittee, where 88 percent of President from the University of Cambridge in vada, New York and the District of Co- Obama’s judicial nominees have had 1981. lumbia. He even heard a patent case in their hearing. That is compared to only Judge Wallach began his legal career Nevada and he wrote hundreds of opin- 76 percent of President Bush’s nomi- as an associate attorney with Lionel ions as a judge for the U.S. Court of nees at a comparable point in his Presi- Sawyer & Collins where he eventually International Trade. dency, in the 108th Congress. To date, made partner. Over time, the emphasis Judge Evan Wallach served his coun- 72 percent of the judicial nominations of his practice became media law. He try bravely at war. I know he will serve made by President Obama have been also defended libel actions and rep- it well once again as a judge on the confirmed. Overall, we have made real resented newspapers on day to day U.S. Court of Appeals for the Federal progress on 85 percent of the judicial issues, including employee grievances, Circuit. nominees submitted this Congress. collection actions, and copyright pro- Mr. GRASSLEY. Mr. President, I ask Furthermore, these nominees have tection. unanimous consent that all time be been processed in a very fair manner. While he remained with Lionel Saw- yielded back. Circuit nominees have had a hearing yer & Collins, he took several leaves of The PRESIDING OFFICER. Without within 66 days after nomination, on av- absences. From 1987 to 1988, Judge Wal- objection, it is so ordered.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16857 The question is, Will the Senate ad- 3% WITHHOLDING REPEAL AND tion; it is designed for an airburst to vise and consent to the nomination of JOB CREATION ACT—MOTION TO make that detonation most effective; Evan Jonathan Wallach, of New York, PROCEED the weapon has multiple detonators in to be United States Circuit Judge for The PRESIDING OFFICER. Under it—I think this is a key conclusion be- the Federal Circuit? the previous order, the Senate will re- cause a conventional munition only re- Mr. GRASSLEY. I ask for the yeas sume consideration of the motion to quires one detonator, but a nuclear and nays. proceed to H.R. 674, which the clerk weapon requires multiple detonators; Is there a sufficient second? There will report. and this has it—it does not issue any appears to be. The legislative clerk read as follows: submunitions, all the warhead is con- The clerk will call the roll. Motion to proceed to the bill (H.R. 674) to tained in one critical mass; and the The assistant editor of the Daily Di- amend the Internal Revenue Code of 1986 to Iranians have now prepared a 400-meter gest called the roll. repeal the imposition of 3 percent with- test shaft likely for a nuclear test shot. Mr. KYL. The following Senator is holding on certain payments made to ven- If this is not a smoking gun, I do not necessarily absent: the Senator from dors by government entities, to modify the know what is. I do not know what the (Mr. SESSIONS). calculation of modified adjusted gross in- word for ‘‘smoking gun’’ in Farsi is, The PRESIDING OFFICER. Are there come for purposes of determining eligibility but clearly the United Nations, not any other Senators in the Chamber de- for certain healthcare-related programs, and known for speaking clearly on many for other purposes. siring to vote? topics, is now telling us one clear The result was announced—yeas 99, The PRESIDING OFFICER. The Sen- thing: the Islamic Republic of Iran is nays 0, as follows: ator from Illinois. designing and moving toward building Mr. KIRK. Mr. President, I ask unan- [Rollcall Vote No. 199 Ex.] nuclear weapons. imous consent to speak as in morning YEAS—99 If we look at their record, we will see business. the Islamic Republic of Iran has trans- Akaka Franken Merkley The PRESIDING OFFICER. Without Alexander Gillibrand Mikulski ferred nearly every one of its advanced Ayotte Graham Moran objection, it is so ordered. munitions it currently owns to ter- Barrasso Grassley Murkowski IRAN rorist organizations, including Baucus Hagan Murray Mr. KIRK. Mr. President, I rise to Begich Harkin Nelson (NE) antishipping cruise missiles, which the Bennet Hatch Nelson (FL) talk about two entirely different sub- Iranians transferred to Hezbollah. Bingaman Heller Paul jects; first, on the subject of Iran, the We have also known several dan- Blumenthal Hoeven Portman subject of a critical International gerous—actually, dangerously weird— Blunt Hutchison Pryor Atomic Energy Agency report that will Boozman Inhofe Reed things going on in the Islamic Republic Boxer Inouye Reid be issued likely tomorrow. of Iran, such as sentencing an Iranian Brown (MA) Isakson Risch Credible press reports on the United actress to 90 lashes for appearing in an Brown (OH) Johanns Roberts Nations document tell us an important Australian film simply on the crime of Burr Johnson (SD) Rockefeller Cantwell Johnson (WI) Rubio thing. Remember, it was the IAEA that not having her head covered—luckily, Cardin Kerry Sanders urged caution with regard to the weap- because the International Campaign Carper Kirk Schumer ons of mass destruction program in for Human Rights in Iran called atten- Casey Klobuchar Shaheen Iraq. The record shows that the IAEA Chambliss Kohl Shelby tion to this, apparently that sentence Coats Kyl Snowe was largely correct on its determina- may be in abeyance—or credible re- Coburn Landrieu Stabenow tion there. Based on that credibility, ports this weekend that the Islamic Cochran Lautenberg Tester we should listen to the IAEA and what Republic of Iran, under President Collins Leahy Thune Conrad Lee Toomey they say in this groundbreaking report. Ahmadinejad, has arrested 70 fashion Coons Levin Udall (CO) Their report makes six very impor- designers for anti-Islamic activity. Corker Lieberman Udall (NM) tant conclusions according to credible What we know for a fact is that the Cornyn Lugar Vitter press reports: No. 1, the Islamic Repub- Islamic Republic of Iran has been a Crapo Manchin Warner DeMint McCain Webb lic of Iran has used military people to state sponsor of terror, as certified by Durbin McCaskill Whitehouse procure dual-use nuclear material; No. Presidents Carter, Reagan, Bush, Clin- Enzi McConnell Wicker 2, they have developed an undeclared ton, Bush 2, and President Obama Feinstein Menendez Wyden nuclear material production line sepa- under Secretary of State Clinton. We NOT VOTING—1 rate from their commitments under know they are the leading paymasters Sessions the Nuclear Non-Proliferation Treaty; for Hezbollah and Hamas. The nomination was confirmed. No. 3, they have now acquired outside What we can see clearly from this re- The PRESIDING OFFICER. Under international information on the devel- port is that this year, or likely the the previous order, the motion to re- opment of nuclear weapons; No. 4, they year after, they will have nuclear consider is considered made and laid have begun work on an indigenous de- weapons. I think it is quite likely they upon the table. The President will be sign for a nuclear weapon; and, No. 5, would then transfer those nuclear immediately notified of the Senate’s they are already substantially in ex- weapons directly to Hezbollah and action. cess of the 3-percent enrichment for Hamas. This is something we cannot uranium-235 necessary to run a nuclear allow to happen, which is why action in f reactor as they originally claimed. the Senate and in the executive branch The sixth conclusion, though, ap- should occur on collapsing the Central LEGISLATIVE SESSION pears to be the most important. The Bank of Iran. We already have 92 Sen- The PRESIDING OFFICER. The Sen- International Atomic Energy Agency ators who have agreed, even in these ate will resume legislative session. concludes they may have also begun partisan times, to collapse the Central work on a new payload for their Bank of Iran. Ninety-two Senators f Shahab-3 missile. This is a missile that have signed on to the Kirk-Schumer largely comes from North Korea called letter to call for this action. This ac- RECESS the No Dong and is able to hit U.S. tion was also just recommended in an The PRESIDING OFFICER. Under bases in the Persian Gulf and our allies overwhelmingly bipartisan fashion in the previous order, the Senate stands in Israel. According to the reports on the House Foreign Affairs Committee in recess until 2:15 p.m. this U.N. document, it says the under the leadership of Congressman Thereupon, the Senate, at 12:45 p.m., Shahab-3 payload has the correct mass BERMAN to recommend this also in the recessed until 2:15 p.m. and reassem- for a nuclear weapon; it has a gener- House. I think the administration— bled when called to order by the Pre- ator aboard the warhead that would be that has leaked several times to the siding Officer (Mr. WEBB). necessary to initiate a nuclear detona- New York Times that they have this

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But it will require, in tially purchase oil from the Islamic the 20th century but in the 21st cen- my opinion, more than further incre- Republic of Iran, we should work with tury. mental pressure—which is to say more our Saudi allies to make sure their With that, I yield the floor and sug- of what we have already been doing, needs are met so we can go ahead and gest the absence of a quorum. which clearly has not changed the be- collapse the Central Bank of Iran and The PRESIDING OFFICER. The havior of the regime in Tehran. the Iranian currency, especially in the clerk will call the roll. It is time for the United States and wake of this report. The legislative clerk proceeded to our international partners to under- Remember, this is the government call the roll. take what I would call nonincremental that, according to Attorney General Mr. LIEBERMAN. Mr. President, I measures against the Iranian regime, Eric Holder, led a plot to blow up a ask unanimous consent that the order and among those I would include tough Georgetown restaurant, possibly in- for the quorum call be rescinded. sanctions on its central bank. It is also volving the death of many Americans, The PRESIDING OFFICER. Without time for Congress to pass the new and including, they described, Senators, in objection, it is so ordered. tougher Iran sanctions legislation, an effort to kill the Saudi Arabian Am- IAEA REPORT which is in the Banking Committee bassador to the United States. This is Mr. LIEBERMAN. Mr. President, and which over three-fourths of the singularly irresponsible activity and today the International Atomic Energy Senate, in a very strong bipartisan one that now, coupled with this IAEA Agency has issued its latest report on statement, has cosponsored. There is report on nuclear weapons, should not the nuclear weapons development pro- no reason we cannot pass that bill be- be tolerated. gram of the Islamic Republic of Iran. fore the end of this calendar year. PROTECTING PRIVACY RIGHTS This latest IAEA report is the clear- Finally, it is time for the United Mr. President, I also rise to speak est warning about a potentially cata- States and our international partners about another topic; which is that strophic threat to the United States to move beyond the formulation that today the Supreme Court has agreed to since the Hart-Rudman Commission in has grown routine—and I am afraid ul- hear oral arguments on the case of January of 2001 predicted a major ter- timately hollow—which is that ‘‘all op- United States v. Jones. The case con- rorist attack on our homeland, which, tions are on the table’’ when it comes cerns our rights to privacy as Amer- of course, occurred about 9 months to Iran’s nuclear weapons development ican citizens. As an American, I believe later. program and its terrorist actions. It is our government is the greatest govern- The IAEA’s message today is simi- time for an unequivocal declaration— ment for the potential of every human larly stark. The extremist terrorist re- all the more so in response to the IAEA being and the dignity of that human gime that rules Iran is actively work- report today—that we will stop Iran being. Under our Constitution, we had ing to possess nuclear weapons, and the from acquiring nuclear weapons capa- the first of any major government in time to stop them is running out. The bility, we and our international part- the world to begin to protect that right Obama administration deserves credit ners—by peaceful means, if we possibly of privacy, even against the govern- for rallying the international commu- can, but with military force if we abso- ment. It is enshrined in the fourth nity to put unprecedented diplomatic lutely must. amendment to the Constitution. and economic pressure on the Iranian I yield the floor, and I suggest the ab- As the Founding Fathers defined it, I regime. But the sad fact is nothing the sence of a quorum. think our 18th century fourth amend- United States and our international The PRESIDING OFFICER (Mr. ment privacy rights—which are cov- partners have done has changed Iran’s FRANKEN). The clerk will call the roll. ered, including our house and our place egregious, threatening, and in many The legislative clerk proceeded to of business—are well defined and well cases murderous behavior, its pursuit call the roll. protected under our law. of nuclear weapons, its sponsorship of Mr. VITTER. Mr. President, I ask The question is this: What about our terrorism, its infiltration of neigh- unanimous consent that the order for rights to privacy in the 21st century? boring countries, its responsibility for the quorum call be rescinded. What about the mobile device we carry, training and equipping terrorists and The PRESIDING OFFICER. Without the tablet computer, the GPS in our extremists who have killed literally objection, it is so ordered. car, and the various other computer de- hundreds of American citizens in Iraq ENERGY PRODUCTION vices we have? Do we have a reasonable and throughout the Middle East or its Mr. VITTER. Mr. President, several expectation of privacy with regard to repression of its own people. weeks ago, on September 28 of this this data or can the government access On the contrary, in all of these areas, year, I joined three of my Senate col- this data and decide they can find out notwithstanding the increasing inter- leagues—Senators SHELBY, CORNYN, where we have been, whom we have national diplomatic and economic pres- and HUTCHISON—in requesting from the been with, and how long we have been sure on the regime in Iran, that re- Obama administration and its Interior there without a warrant? gime’s behavior has only grown more Department a detailed plan about what Given the fact that the Supreme emboldened and more reckless. their new 5-year energy lease plan was Court has just taken up oral arguments I know some have argued that the going to be, as well as their plans for in this case, I think it is important for United States and our international moving forward with scheduled leasing. the Senate to back the Wyden-Kirk partners can live with a nuclear Iran We finally got some of the answers to GPS Act. This is an act that basically and that we can contain it. But the re- that today as the administration re- says we should protect our rights of cent discovery of an Iranian terrorist leased its new 5-year oil and gas lease privacy in the 21st century as well as plot, which was to be carried out on plan. I guess that is the good news—we the 18th, 19th, and 20th centuries, that U.S. soil, killing the Saudi Ambassador finally got our questions answered. we should not only be secure in our here, targeting Members of Congress, There is a lot more bad news, unfortu- house and our papers, but we should be and perhaps eventually the Israeli Am- nately, which is what those answers secure in our GPS data as well; that if bassador and Embassy provide the are. the government seeks to find out where clearest possible evidence of why we It is deeply disappointing that we are we have been and whom we have been cannot hope to contain a regime as fa- not moving forward in a far more ag- with, at least it needs a warrant—our natical, expansionist, and brutal as the gressive and positive way in developing right as an American citizen protected one that now rules Iran, particularly our own domestic energy resources. As in that privacy before having access to when it has the fearsome club of nu- I said, today Secretary Salazar intro- that information. clear weapons capacity. duced President Obama’s plan for the I hope we consider this legislation as If the Iranian regime acquires a nu- next 5 years of energy production, spe- early as next year because I think we clear weapons capability, it will be be- cifically on the Outer Continental

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16859 Shelf. For those Members in the Senate creased energy independence is not in terms of our need to lessen our reli- and for others who are not as familiar moving backward. Yet our effort and ance on foreign sources. It is also sadly with energy production on the Outer our ability to access our own domestic disappointing in terms of the job pic- Continental Shelf, this is basically the oil and gas on our own Outer Conti- ture because every lease sale that hap- 5-year strategy for us as a nation in nental Shelf under this Obama plan is pens is thousands upon thousands of terms of oil and gas production domes- doing exactly that—it is moving back- great American jobs to help build the tically—what we are going to do in ward. economy and help to get us back out of these next 5 years to produce more of Let me put it a different way. The this horrible recession. our own energy. Outer Continental Shelf of the United Finally, it is even deeply dis- The opportunity was enormous. As States is about 1.76 billion acres, al- appointing with regard to our chal- you remember, a few years ago, in 2008, most 2 billion acres. But of all that lenge of lowering the deficit and debt. there was a bipartisan agreement to vast expanse, only 38 million acres are You know what. With energy produc- lift the decades-long ban on new off- actually leased. That is 2.16 percent of tion, the more we do, the more revenue shore drilling and to open new areas off our entire Outer Continental Shelf. we bring into the Federal Treasury to the Atlantic coast, off the Pacific This new 5-year plan increases that a lower deficit and debt. In fact, after the Coast, and off the Arctic coast. Those tiny amount at the margin. It keeps it Federal income tax, this is the single opportunities were enormous. This map under 3 percent. With a vast, energy- biggest category of Federal revenue illustrates what the opportunities were rich Outer Continental Shelf, we are into the Federal Treasury—royalties given that 2008 lifting of the morato- still 3 percent or under of what we on domestic energy production. rium. could access under this new plan. So it is domestic energy, it is great Previously, this had been off limits, Again, we are moving backward from American jobs, and it is lowering the this had been off limits—much of this the previous 5-year plan that President deficit and debt with more revenue. had been off limits. But in 2008, on a bi- Obama threw out quickly upon taking President Obama today has said no to partisan basis, Congress—even a Demo- office. That is deeply disappointing. If I all of that. He has taken an enormous cratic Congress—heard the cry of the am disappointed, I know there are step backward. He has said, compared American people and said we need to some folks who are even more dis- to the previous 5-year plan, that we are develop more domestic energy re- appointed, including our colleagues in only doing half. He said that we are sources, so we opened all of these possi- Virginia. Some select production and shutting off the Atlantic coast, we are bilities. lease-sale activity off the Virginia shutting off the Pacific coast, and Unfortunately, President Obama coast was planned in the previous 5- much of the coast off Alaska. chose not to take advantage of those year plan. That is out the window. As Today, I have written Secretary opportunities because this map rep- Salazar and expressed these concerns. I resents his new 5-year plan announced you can see, nothing can go on off the have asked the Secretary if they will today—the entire Atlantic coast, off Atlantic. Also, four geologic basins off reconsider this step backward because limits; the entire Pacific Coast, off southern California and one geologic our country cannot afford it. We can- limits; much of the Alaska coast, off basin off northern California were in not afford it in energy terms. We can- limits; the western gulf of Mexico, the previous 5-year plan. That is out not afford it in jobs terms. We cannot where there has traditionally been sig- the window. That is barred. There is nificant activity, of course, is still nothing that can happen off the Pacific afford it in revenue terms when we there, but even the eastern gulf has coast. Even in Alaska, the North Aleu- need more revenue to lower deficit and been withdrawn under related Federal tian Basin and the Cook Inlet were in debt. I will be following up aggres- law until 2022. That is deeply dis- the previous 5-year plan. That is zeroed sively on that letter, trying to under- appointing. out. That is out the window. That is stand the rationale behind this step Put another way, in the previous 5- not in this new 5-year plan. backward and trying to get the Obama year lease plan, there were about 30 My basic question on this dis- administration to reconsider. sale areas that were outlined to have appointing announcement is simple: Mr. President, I yield the floor. I sug- lease sales, 30 specific areas around our How does excluding all of these areas gest the absence of a quorum. Outer Continental Shelf. That was the and how does cutting back the previous The PRESIDING OFFICER. The previous 5-year plan. That plan existed 5-year plan to half that amount best clerk will call the roll. when President Obama took office. One meet our national energy needs? It The bill clerk proceeded to call the of the first things he did in the energy seems to me it is clear it does not. In roll. area, with his Secretary of Interior fact, it eliminates incredible job and The PRESIDING OFFICER. The Sen- Ken Salazar was to throw that plan out revenue opportunities as well as our ator from Illinois. the window almost immediately. This ability to increase energy independ- Mr. DURBIN. Mr. President, I ask was well before the BP disaster. It was ence, to produce more domestic energy, unanimous consent that the order for not in reaction to that disaster or any- all of which we desperately need to do. the quorum call be rescinded. thing else specific; they just threw that As the National Ocean Industries As- The PRESIDING OFFICER. Without 5-year lease plan out the window. In sociation puts it: objection, it is so ordered. Mr. DURBIN. I ask unanimous con- this new 5-year lease plan—their first A 5-year plan for the Outer Continental in the Obama administration, which Shelf is the most important and defining ac- sent to speak as in morning business. The PRESIDING OFFICER. Without they are announcing today—instead of tion an administration takes in providing objection. 30 different areas, there are about 15. new oil and gas resources for building eco- So they moved backward, cutting in nomic prosperity in this country. JOBS CREATION half the number of lease sales that They are right. It is the single most Mr. DURBIN. This last Sunday I was were planned in the 5-year plan. defining action with regard to Outer watching an ABC morning news show, Put another way, instead of having Continental Shelf energy production. and Christiane Amanpour was inter- about six lease sales per year, there are So with this action today, what is viewing the Speaker of the House, JOHN only going to be three. As any fourth President Obama saying? What is his BOEHNER of Ohio. Speaker BOEHNER grader can tell you, doing that simple Interior Secretary saying? He is saying was asked a number of questions. The math, that is moving backward by a we are moving backward. He is saying one he clearly wanted to focus on is lot. That is going from about 30 lease we are going to do about half of what what he called the Republican jobs pro- sales to half that number—15. That is we were going to do in the previous 5- gram. He handed to Ms. Amanpour a going from about six a year to half year plan which he canceled imme- laminated card which he said was the that number—three. diately upon taking office. That is very Republican jobs program that had Our energy needs are not moving disappointing. It is disappointing for passed the House of Representatives backward. Our desire and need for in- our energy picture. It is disappointing and was dying in the Senate. It has

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So I came back and said to my staff, make certain there is transparency, to In addition to repealing Wall Street can you get a copy of this laminated make certain the banks that were over- reform, Republicans are trying to card? I want to see what is written on leveraged and loaning far more than change the most basic protections we it. They produced the card for me, and they should are in a position where have in America for clean air and pure I took a look at it. As a result, I would they are fiscally sound, financially drinking water. Think about this: The have to say the Republican view on sound, and how do we put cops on the Republican majority in the House has how to create jobs and move the econ- beat on Wall Street through the Secu- voted 168 times this year—168 times— omy forward is considerably different rities and Exchange Commission and to undercut clean air and clean water than my own and considerably dif- the Commodities Futures Trading laws and to block efforts to limit glob- ferent than the views of most Ameri- Commission to guard against this ever al warming, protect public health, pro- cans. What Republicans have proposed occurring again? We offered that as tect the public lands we have been left doing is eliminating rules and regula- Wall Street reform, with the support of by previous generations, and guard tions. They believe that is what is President Obama, but with the support against things such as future oilspills. holding back the growth of the Amer- of only three Republican Senators: They voted 168 times just this year, ican economy. One of the areas they Senators BROWN, SNOWE, and COLLINS. and they are not finished. particularly focused on is known as the The majority of Republican Senators Our colleagues on the other side of Dodd-Frank bill, the Wall Street re- and Congressmen would not support us the aisle have attached more than 50 form bill. in this effort. We passed it anyway. anti-environmental policy riders so far Some of us are not suffering from po- The President signed it. It is now being to spending bills for next year. They litical amnesia. We can recall what implemented, moving forward and, I are unrelenting. I won’t go into all of happened just a few years ago all think, long overdue. the environmental and public health across America when at the end of the It turns out that is one of the first protections the Republicans are trying Bush administration we faced some of things the Republicans now want to to block. Let me focus on two. Repub- the worst choices I have ever heard eliminate in their effort to build the licans have used the Senate’s expedited American economy. I can tell my col- when we were presented an opportunity procedures to place bills blocking these leagues we would be building the Amer- by the Chairman of the Federal Re- two new rules directly on the Senate ican economy on a foundation of sand serve, Ben Bernanke, and the Secretary calendar rather than going through the if we did that. If we ignored the experi- of the Treasury, Mr. Paulson, to lit- regular order. ence we had a few years ago when we erally bail out the Wall Street banks It is their right to do that. They are were forced into this bailout situation, and major institutions to the tune of saying, in effect, we don’t have time sending billions to the biggest bankers almost $800 billion from the mistakes for the normal rules. We don’t have in America, and having them turn time to hear from scientists or the they had made. So we were given an ul- around and declare bonuses for their American people. We need to bury timatum: If we didn’t do it, we could top officers and employees—if we ig- these rules right now. see a collapse of our American econ- nore that reality and that history and The first rule they want to delay is omy and the global economy. Reluc- say we were going to follow the Repub- the boiler MACT rule. It is an acronym tantly, many of us voted for that, be- lican lead and eliminate this oversight that stands for maximum achievable lieving that we had no choice. What we of Wall Street, it would invite another controlled technology. The boiler did was to send billions of dollars to economic disaster. Yet, that is one of MACT rule would reduce the amount of banks on Wall Street that had made se- the House Republican plans for rebuild- mercury, dioxins, acid gases, and other rious mistakes, creating credit default ing the American economy. toxic pollutants that can be emitted by swaps and derivatives, creating offices The financial crisis of 2008 wiped out large industrial boilers and solid waste in London that could skirt the Amer- 8 million jobs in America. Twenty-four incinerators. Is that the key to build- ican laws and, literally, hanging the million Americans today are still suf- ing jobs in America, large industrial American economy out to dry. The net fering—unemployed or underemployed. boilers spewing more toxic chemicals result of that, of course, is that people Millions of families have lost their into the air, solid waste incinerators suffered all across America. Individuals homes. A report in the news- burning without the regulations to pro- lost their savings and their retire- papers this morning was stunning and tect the people who happen to live ments. Families were facing hardship troubling. Almost 50 percent of the downwind? These chemicals can cause when they were laid off and faced un- homes in our region in Chicago are cancer, heart, lung, and kidney disease, employment. Businesses closed and re- under water. What it means is families damage to eyes and skin, impair brain structured and downsized. The whole have borrowed more in their mortgages development in children and babies, economy suffered because of what was than their home is currently valued. and learning ability, and they can kill clearly wrongdoing on the part of our That is a troubling development, but it people. That is a fact. financial communities. As a result of is a reality. It reflects what happened The other new clean air rule in the that, President Obama said, We need to when the overanxious and overinflated crosshairs from the Republicans is the change the rules and laws in America real estate market got out of hand. We so-called cross-State air pollution rule. so there will be adequate oversight so don’t want that to happen again. If we It would require significant reductions that we never get in this mess again. are going to avoid it, we have to have in two toxic chemicals—sulfur dioxide The first amendment on the Dodd- appropriate oversight and regulation. and nitrogen oxide—released by elec- Frank bill in the Senate was offered by Many families have seen their home tric powerplants. These chemicals not Senator BOXER of California, which values plummet, not just in Chicago only cause sickness and death, they said this is the end of too big to fail. but nationwide. Their retirement sav- can spread hundreds of miles downwind We are never walking down this path ings have been cut in half over the last and across State lines. again. So we put the financial institu- 4 years. In Illinois and across America, Many States can’t develop new jobs tions and corporations of America on solid, well-run companies, many in and industries because they have notice that we were not going to bail business for decades, have been shaken reached their air pollution limits under them out in the future, should they to the core for the lack of credit and national clean air standards, not be- make another colossal mistake, at the the lack of customers. cause of what they are doing in their

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The gulf That is not right, and it is not fair. regulation would cost, how many jobs oilspill is the worst industrial environ- The cross-State air pollution rule might be lost, how many lives may be mental disaster in U.S. history. Con- would set new limits on sulfur dioxide cut short, how many children and gratulations, self-regulators. and nitrogen oxide emissions and es- other members of our families may end Local businesses suffered $4 billion to tablish an emissions cap-and-trade sys- up in the hospital, and how much of $12 billion in lost income because of tem for 31 Eastern States and the Dis- our Nation’s natural treasures may be self-regulation by a major oil company. trict of Columbia. It is a reasonable, scarred or destroyed. Let’s have an BP alone is likely to spend $40 billion market-based solution to a serious pub- honest assessment on both sides of the in claims, fines, and other expenses lic health threat. The Republicans ledger. from this historic, awful spill. would abolish it. When I travel across my State, much Those who push for deregulation tell Both the boiler MACT rule and the like in the Presiding Officer’s State, we us environmental rules are job killers cross-State air pollution rule replace have big cities and small towns. I go to and nothing but a burden on businesses rules that were developed by the EPA schools and talk to kids, and usually and consumers. They are wrong. Regu- as far back as the Bush administra- they have the common questions—do lations that are well designed are, to tion—rules that were stricken by the you have a limousine, how much borrow a phrase from our Republican DC Circuit Court. In both cases, the money do you make—things that kids friends, job creators. They can spur in- court ordered the EPA to come up with ask. So I ask questions back to them. novation and create new products, new a new rule. House Republicans have al- One question I have started asking in jobs, even whole new industries. A ready passed a bill to delay these new every school is the following: How study published by the Political Econ- air pollution quality standards for at many of you know someone who is suf- omy Research Institute at the Univer- least 15 months, and here in the Sen- fering from asthma? Without fail, more sity of Massachusetts-Amherst esti- ate, they would delay them for up to 5 than half the hands will go up. In mates that new air pollution rules for years. As for the cross-State air pollu- Mount Sterling, IL, a small farm town electric powerplants ‘‘will provide down in Brown County in downstate Il- tion rule, Senator RAND PAUL of Ken- long-term economic benefits across tucky has introduced a resolution of linois, half the hands went up. I guar- much of the United States in the form disapproval to kill it altogether so antee that in every classroom in the of highly skilled, well-paid jobs there will be no standard, so if a person city of Chicago, more than half of the through infrastructure investment.’’ happens to live downwind from a pol- hands will go up. Asthma has become Specifically, researchers found that an epidemic in America and is related luting powerplant and that person’s clean air investments could create 1.5 to many things, including the quality State is trying to do its best to clean million new jobs in 2015 right here at of the air we breathe. On the South up its act, it is to no avail. The air pol- home. Let me bring this story closer to Side of Chicago, it is hard to find a lution quality will be so bad in that home. Recently I made a trip in Illinois child who doesn’t suffer from asthma. to a new coal-fired plant. It is a plant State because of the neighboring State In 2007, the cost of asthma-related that is amazing. It is called the Prairie that people will face serious problems hospitalizations in Illinois totaled $280 and restrictions in their own develop- million. The average stay costs $15,000 State Energy Campus and it is owned ment. for an asthma case, and nearly 60 per- by a number of electric cooperatives. It The House has taken an even more cent of those hospital costs were paid has a $1 billion investment in the clean radical approach. They voted almost for by taxpayers through Medicaid and use of coal to produce electricity. They entirely along party lines, passing a Medicare. Air pollution makes asthma took a look at the law, and instead of Republican bill called the TRAIN Act, worse. If we reduce air pollution we can hiring lawyers to fight it, they hired that would delay indefinitely the cross- reduce asthma attacks, asthma-related engineers to comply with it. State air pollution rule, and another deaths, and save taxpayers tens of bil- The plant is up and running. It is a lifesaving rule, the mercury and air lions of dollars a year just for the cost marvel to behold. Right across from toxics standard. The TRAIN Act would of treating that single disease. That is this plant is a coal mine, and the coal also overturn the legal requirement something we never hear when the dis- that is drawn from that mine goes into that EPA’s public health rules be based ciples of deregulation start preaching. this plant and meets all the specifica- on the best advice of scientists, not the Here are some other facts we won’t tions required today by the EPA. The demands of politicians or their donors. hear about deregulation from the de- people who are running this plant are It is the most serious attack on the regulation devotees. The new boiler not whining and crying and begging for Clean Air Act since the law was passed MACT rule will create jobs, not elimi- relief. They rolled up their sleeves and 40 years ago under Republican Presi- nate them. It would prevent between built a plant much cleaner than any- dent Richard M. Nixon. 2,500 and 6,500 premature deaths each thing that existed in the United States, President Obama has already said he year, and it would save between $22 bil- and they are proving it can be profit- is going to veto any bills that would lion and $54 billion a year in health able. delay the new clean air rules. Our Re- care costs. I wish my Republican friends would publican colleagues know they don’t The cross-State air pollution rule, come to the Prairie State Energy Cam- have the votes to override his veto, so which they would also abolish, would pus. They should see and know that once again they are forcing the Senate also net thousands of new jobs, prevent 4,000 union jobs were created for the to debate measures they know have no 400,000 cases of aggravated asthma and construction of this plant, and they ex- chance—zero chance—of becoming law. 34,000 premature deaths each year, and pect to have 500 permanent local jobs And that is the Republican jobs plan. save $280 billion in health care costs. In to boost the Illinois economy by $785 Republicans say Federal agencies my State alone, the cross-State rule million a year with our own local coal. should analyze the cost of business of will save 1,500 lives a year and provide The campus includes two generators every new regulation, whether it is enough public health benefits to save that will produce 1,600 megawatts of meant to protect against Wall Street our State $12 billion. Twelve billion clean, low-cost energy for more than recklessness, offshore oil disasters, dollars in Illinois—that is more than 2.5 million customers in the Midwest. lead-based toys, or killer cantaloupes. Illinois spent on health, hospitals, and It is going to go online by the end of If a regulation hurts the corporate bot- highways combined in the year 2009. this year. tom line, the Republicans argue it Deregulation is a costly gamble even By using the latest technology, the shouldn’t be passed. for businesses that are deregulated. plant’s carbon dioxide emissions will

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My father re- an estimated 200,000 tons of carbon di- any laws related to the regulation of mained in the military until he retired oxide each year by using coal from an our economy did not work under the from the Air Force as a master ser- adjacent mine instead of mining it in Bush administration and should not be geant after 20 years of service. At an some other place and shipping it to the tried again. early age, my brother, my sister, and I site of the power generation. The reason 2 million Americans are were taught about the sacrifices our One hundred-sixty coal miners are out of work has nothing to do with ex- men and women in uniform make. working in the adjacent mine. I went cessive financial or environmental reg- Growing up in this environment gave there. It was not my first visit to a ulation. If anything, our economy is us an understanding of the unique chal- coal mine, but it is always an eye-open- hurting because we do not have the ap- lenges military families face—an un- er to go in and see how they mine coal propriate regulation in place now to derstanding that guides my efforts today. Two weeks ago, Prairie State avoid the excesses of the past. today. announced plans to hire even more To say we cannot create jobs without My mom would continually remind miners. allowing dangerous levels of toxic me of my responsibility as a public In Illinois, incidentally, coal miners chemicals into our air and water is an servant to keep our promises to those make a pretty decent wage, $65,000 a absolutely false choice. We have to find who served our Nation in uniform. Up year. So these are good jobs, right here an approach that protects the health of until her recent passing, one of the in America, mining coal to be used in a American families and balances the first questions she would ask whenever clean coal plant. It can be done. The needs of business and is based on the I saw her would inevitably be: What Republicans ought to acknowledge it reality of science. have you done for veterans lately? can be done, and new jobs are being For 40 years, Democrats and Repub- I was always able to answer that created in the process, while we are re- licans used to work together on this question with a clean conscience while ducing air pollution. agenda. We need to do it again. In the serving in the House and now in the In a recent survey, two out of three meantime, if our Republican colleagues Senate. Despite how divided we can be Americans say they support new clean want to create good middle-class jobs on other issues, Democrats and Repub- air rules and oppose what the Repub- here at home, let’s pass the President’s licans come together—more often than licans are trying to do in the name of American Jobs Act. This will not only not—to pass policies that will enhance job creation. Nearly 90 percent of all create jobs, it will fund infrastructure the quality of life for both our veterans Americans—nearly 60 percent of Re- and road repairs. It will cut payroll and their families. publicans and conservatives, I might taxes for working families, saving the Today, in the Senate Veterans’ Af- add—said Congress should not prevent average family about $1,500 a year, and fairs Committee, we are working to se- the EPA from enforcing the new rules. extend badly needed unemployment cure the benefits our veterans deserve I wish my Republican friends, who are benefits for those out of work. It will and improve existing benefits to meet so dead set on eliminating these stand- keep hundreds of thousands of teachers the needs of more than 23 million ards for air and water pollution, would in the classroom and cops and fire- American veterans, including 257,000 listen to the people across America fighters on the job in our neighbor- who call Arkansas home. who want cleaner air and purer drink- hoods and communities. It is most important for all of us to ing water and are willing to see reason- That is the way to create good jobs. remember the reason we are working able regulations to reach those goals. America does not need dirty water and to improve veterans’ benefits: the men The push to kill the new clean air dirty air to create good-paying jobs. I and women of our Armed Forces and rules is not coming from the American hope the Republican agenda, even if it their families. Through their selfless people. It is part of a huge power grab. is laminated on a card passed out by sacrifice, we are protected from our en- The U.S. Chamber of Commerce and Speaker JOHN BOEHNER, will realize we emies. They make the United States a Republicans in Congress have launched can do better in this country by not safer place to live. They have heard our an unprecedented antiregulation cam- compromising our public health and Nation’s call and met the challenge paign. The Chamber is reportedly the great Nation in which we live. with their service. It is now up to us to spending millions of dollars to push the I yield the floor and suggest the ab- ensure our veterans have access to all message that regulations are job kill- sence of a quorum. the opportunities our great Nation has ers. Their goal is to roll back existing The ACTING PRESIDENT pro tem- to offer. environmental, health, financial, and pore. The clerk will call the roll. Taking care of our veterans is the re- other regulatory protections and to The legislative clerk proceeded to sponsibility of every American. block any new protections. They are call the roll. It is important that we all continue using the American jobs crisis to try to Mr. BOOZMAN. Madam President, I to serve our veterans and reflect on push through an agenda that will in- ask unanimous consent that the order those who served in conflicts around crease our deficit, actually take away for the quorum call be rescinded. the globe, as well as those who are jobs in America, and cause thousands The ACTING PRESIDENT pro tem- serving today in support of the war on of Americans to get sick and some to pore. Without objection, it is so or- terror in Iraq and Afghanistan. Let’s die. dered. also reflect on the sacrifices of those Just cut taxes on millionaires and VETERANS SUPPORT who have given their last full measure billionaires and get rid of government Mr. BOOZMAN. Madam President, I of devotion. regulation and, they believe, we can would like to take a moment to honor In September I came to the Senate get the economy humming again. That and thank those who have earned the floor to honor the lives of five Arkan- is their credo. If that were true, the noble title of ‘‘veteran.’’ sans who were killed in action this last administration would have been The 11th hour of the 11th day of the year. Last week, sadly, we lost a sixth the most prosperous in our history be- 11th month marked the end of World member from Arkansas this year, SPC cause that is the message and philos- War I. Since then, this date has been Sarina N. Butcher, who followed in the ophy and agenda that guided the Bush celebrated first as Armistice Day and footsteps of her grandfather and broth- administration. Instead, in the words now as Veterans Day, but no matter er and joined the military in April 2010. of the Wall Street Journal—not exactly what we call it, it serves the purpose of As a member of the Oklahoma National a Democratic publication—George honoring our Nation’s heroes—those Guard, she served as an automated Bush’s administration produced ‘‘the who have served in the military, our logistical specialist, but her ultimate worst jobs record on record.’’ veterans. goal was to become a nurse.

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At the tender age of 19, this Crossett, ators LEAHY, GILLIBRAND, WYDEN, and a Postal Service that will no longer AR, native and mother to a beautiful myself sent to the chairpeople and have customer support and lay the little girl was killed in an IED explo- ranking members of the Committee on groundwork for literally a death spiral sion in Afghanistan on November 1. We Homeland Security and the sub- and the destruction and demise of the are grateful for her service and her sac- committee as well; that is, Senators Postal Service in years to come. rifice. We are forever indebted to her LIEBERMAN, COLLINS, CARPER, and I come from a rural State. Post Of- and to every American who has worn SCOTT BROWN. These are the points we fices are extremely important to the the uniform and sacrificed their own made in the letter. These are points people of small towns above and be- safety and security for that of the that will be incorporated into legisla- yond getting mail. They become, in a American people. tion that I will be introducing this sense, in some ways, the identifying Every day the men and women of our week—legislation that I think is com- feature of a small town. It is where Armed Forces stand in defense of our monsense legislation, legislation that people come together and talk. It is Nation and our cherished way of life. will help us create a business model so very important, in my mind, that we They do so regardless of costs, fully the Postal Service can be successful, not start cutting pell-mell hundreds aware they may be called to pay the ul- legislation that will save 120,000 jobs. and hundreds of small post offices in timate price for their country. This is what we wrote in the letter to rural America. I think the legislation This week, communities across the the Homeland Security Committee. A we will be offering this week addresses country gather to express our undying lot of people don’t know this. They say that problem in a sensible and reason- gratitude for those who have worn our correctly that the Postal Service is able way. Nation’s uniform. Let’s always honor having problems because we are in a Second of all, the Postal Service can the service of those who have served digital age, and first class mail is going never be competitive if when you drop and those on the front lines as we ad- down because people are e-mailing. a letter into a postal box it takes 5 dress the important challenges facing That is true. days for that letter to get to its des- the Nation. Second, we are in the midst of a re- tination. One of the ideas that the To all of our veterans and their fami- cession and many businesses are facing Postal Service is talking about is mak- lies, I say thank you on behalf of a problems. But the most important fi- ing very significant cuts in what they grateful nation. nancial problems facing the post office call processing centers. That is where I yield the floor. today are not those issues; they are the the mail is gathered and forwarded. If The ACTING PRESIDENT pro tem- issues of accounting approaches that we cut those centers—in my State, we pore. The Senator from Vermont. have done great disservice to the Post- have two that are on the line, Essex POSTAL SERVICE al Service. Junction and Wright River Junction. If Mr. SANDERS. Madam President, The U.S. Postal Service uniquely has we cut those and other processing cen- there are two issues I would like to been forced to prefund 75 years’ worth ters all over the country, what will touch upon this afternoon which I of future retiree health benefits in just happen is that when we drop that letter think are significantly important to 10 years. There is no other agency of into a mailbox, it could take up to 5 the people of our country. government that comes close to that days for that letter to reach its des- On Sunday, 2 days ago, I held a town onerous requirement, nor do we believe tination. When we have that poor serv- meeting in Montpelier, VT, on the there are any companies in the private ice, people are simply going to stop issue of saving the Postal Service. sector that have been asked to do that. using the post office, and that con- Frankly, I was stunned by the number We are asking the Postal Service to tinues the death spiral. People are not of people who came. As you know, come up with a huge amount of money going to want to use the service. Vermont is not the largest State in the and put it into a fund in a way that no Thirdly, and in the same vein, the Nation, and yet we had about 350 peo- other agency of government—and we Postal Service is now talking about ple crowding into the cafeteria at think no other private company—has cutting Saturday delivery. Again, that Montpelier High School to say very been forced to do. means there are a whole lot of folks clearly that they do not want to see This mandate costs the Postal Serv- who get prescription drugs on Satur- the Postal Service dismembered. They ice between $5.4 billion and $5.8 billion day, and a whole lot of people who get do not want to see policies develop that per year, and it accounts for 100 per- a magazine or newspapers on Satur- will create a death spiral for the post cent of the Postal Service’s $20 billion day—if we cut that back, people are offices of America. debt. Without that onerous require- going to say: No, I don’t want to deal We heard a lot of testimony from ment, the USPS would still have sig- with the post office anymore. It is not many people, and the bottom line is nificant borrowing authority with the worth it. that everybody in that room thought it U.S. Treasury to ride out the tough So it seems to me the choice we have was terribly wrong that in the midst of economic times we are seeing in the re- is to do what the Postal Service is now a recession the post office is talking cession. talking about; that is, cut and elimi- about cutting 120,000 good-paying jobs Furthermore, it is not only future re- nate rural post offices, end Saturday in our country. It didn’t make sense to tiree health benefits they are being mail delivery, cut and eliminate sig- anybody in that room. asked to come up with and fund, but nificant numbers of processing centers, I find it ironic that at a moment the USPS needs to recoup the overpay- which will slow down the delivery of when, appropriately enough—and I ments it has made to the CSRS and mail—that is one approach—and lay strongly support the effort—we are FERS, the Federal retirement system. off, by the way, some 120,000 American talking about creating jobs for vet- According to studies by the Hay Group workers, including many veterans. erans who are coming home from Iraq and the Segal Company, USPS has That is a very bad idea. and Afghanistan, with high unemploy- overpaid the CSRS by between $50 bil- The other approach is to come up ment rates, many of the people who lion and $75 billion. If we look at those with a business model that recognizes work in the post office are, in fact, vet- two issues, if we can deal with those that we are in the 21st century; that erans. On one hand, we are trying to issues and treat the Postal Service the post office has to evolve and create jobs for veterans; on the other fairly, we will have gone a very long change and give the post office the hand, if the Postal Service does what it way toward addressing the immediate freedom to compete in a way that ad- wants, we may end up losing 120,000 financial crisis the Postal Service is dresses the needs of its customers. I jobs, including many veterans. facing. will give an example. I wanted to touch on some of the im- Second, what we want to be very The Presiding Officer comes from a portant issues that I think we have to careful about as we develop business rural State, as I do. A lot of people in deal with regarding the Postal Service. models for the future is to not start our States want to get fishing licenses I want to just go over a letter that Sen- cutting, cutting, cutting, and creating or hunting licenses. If they walked into

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16864 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 a post office in rural New Hampshire or TAX FAIRNESS So where are we as a country? We are rural Vermont and said: Hey, can I fill Madam President, there is another pretty united. We are in agreement. out an application to get a fishing or issue I want to talk about, and that is What the American people are saying hunting license, the post office would the work of the supercommittee. This is that the rich are getting richer, say they we don’t do that, they are not country has a recordbreaking deficit. It their effective real tax rates have gone permitted to do that. has a $14-plus trillion national debt, down, and they have to pay more in If an individual literally wants to and I think all of the American peo- taxes to help us through deficit reduc- walk into a post office—and post- ple—or virtually all—want to see the tion and to create jobs. masters tell me this happens every supercommittee come up with a pro- The American people also understand day—and say: I have a letter, and I posal which makes sense and which there are huge corporate loopholes out want it notarized, they may be a no- helps us address our deficit crisis. My there, with oil companies making tary public, but they are not allowed suggestion to the supercommittee is money hand over fist and getting huge by law to notarize that. that they, in fact, can do that by sim- tax breaks and Wall Street getting The issue of the digital revolution is ply doing what the American people huge tax breaks. We lose $100 billion a obviously impacting post offices not want them to do. year because large companies and the I have heard some of the ideas out only in the United States but around wealthy put their money into tax ha- there, where members of the supercom- the world. Other countries are looking vens in the Cayman Islands, in Ber- mittee are talking about cutting So- at these challenges in a way that we muda, and in Panama. The people of cial Security, which has not contrib- are not. I will give one more example. this country know that is wrong. uted one nickel to our deficit and has a I hope very much that the supercom- For a lot of reasons—legal and other- $21⁄2 trillion surplus, and another idea mittee will do nothing more than lis- wise—there are people who would like being that we have to cut Medicare and ten to the American people. That is all. to see a document delivered to some- Medicaid. Well, we have 50 million peo- If they do that, they will do the right body in writing and not simply in e- ple without any health insurance. I thing. They will not suggest that we mail. There are post offices now in don’t think it is a brilliant idea to cut Social Security, Medicare, and other countries where one can send an throw more and more people off health Medicaid, but they will suggest that e-mail, say, from Vermont to Cali- insurance. So I think those are bad the wealthiest people in this country fornia, it gets printed, and on the same ideas, and every single poll I have seen start paying their fair share of taxes. day that document gets delivered to a tells me the American people agree They will recommend that we do away business or a home. The post office in those are dumb ideas. with these outrageous loopholes large America is not allowed to do that. So Meanwhile, I have seen and talked to profitable corporations enjoy. If they by law our post office is restricted from a whole lot of people who are asking do that, we will, in fact, come up with entering the 21st century. me this question: How is it, when the an agreement that will help us reduce If somebody walks into a post office wealthiest people in this country are the deficit, and we will win the support now and says they want to print up 10 becoming much wealthier, when the ef- of Democrats, Republicans, and Inde- copies of a document, so where is the fective tax rates of the top 2 percent pendents. copying machine, the postmaster are the lowest in decades, that we are With that, Madam President, I yield would say they don’t have one, that not asking those people who are doing the floor, and I suggest the absence of they are not allowed to have a copy phenomenally well to start paying a quorum. machine. their fair share of taxes? The ACTING PRESIDENT pro tem- There are a lot of ideas out there This is not just a progressive idea pore. The clerk will call the roll. that people are talking about as to how and it is not just a Democratic idea. The assistant editor of the Daily Di- the Postal Service can address the The polls suggest that all across the gest proceeded to call the roll. needs of customers in the 21st century. political spectrum, the American peo- Mr. WICKER. Madam President, I Last, but not least, on this issue, one ple are saying: Yes, it is right and ap- ask unanimous consent that the order of the people at the town meeting on propriate that the wealthiest people in for the quorum call be rescinded. The ACTING PRESIDENT pro tem- Sunday got up and said: I want to say this country start paying their fair pore. Without objection, it is so or- this. In our town, we know our letter share of taxes. I will just mention an ABC News- dered. carrier very well. Our letter carrier no- Mr. WICKER. I ask unanimous con- ticed that mail remained in the mail Washington Post October 5, 2011, poll reflecting that 75 percent of Independ- sent to speak as if in morning business. box of an elderly person, and the mail- ents support raising taxes on million- The ACTING PRESIDENT pro tem- man got on the phone and called the aires. In that same poll, 57 percent of pore. Without objection, it is so or- police department because he sus- Republicans support raising taxes on dered. pected that something was wrong. millionaires. In that same poll, 55 per- HUMAN RIGHTS IN RUSSIA It turns out that something was cent of tea party supporters—sup- Mr. WICKER. Madam President, I wrong and that person’s life was saved. posedly the extreme rightwing who have come to the floor on a number of I expect that happens all over this want to abolish Social Security and occasions to voice my concern about country. We have hundreds of thou- Medicare and Medicaid, which turns the deteriorating rule of law and the sands of letter carriers who know peo- out not to be the case at all—agree lack of respect for human rights in ple, interact with people. They do play with raising taxes on millionaires. Ac- Russia, primarily highlighting the and can more so play an important role cording to a June 2011 Washington Post cases of Mikhail Khodorkovsky and in providing services. poll, 72 percent of Americans support Platon Lebedev. Bottom line, Madam President, I raising taxes on incomes over $250,000. The fact that Khodorkovsky and think it is a bad idea in the midst of a So I think we know what the Amer- Lebedev remain in jail is deplorable. recession to slash 120,000 jobs, includ- ican people want. They do not want, in But I rise to speak about another case, ing jobs of many of our veterans. Sec- poll after poll, to cut Social Security, in which a man who opposed the gov- ond, I do believe if we use our brains Medicare, and Medicaid because they ernment not only went to jail but died and entrepreneurial spirit, we can cre- know how vitally important those pro- there. I choose my words carefully this ate a post office that is very relevant grams are to the well-being of tens of afternoon, knowing that they will be and can be profitable in the 21st cen- millions of Americans. For example, disturbing to many and that a number tury. according to a February 2011 NBC of people within the Russian Govern- We will be introducing legislation ad- News-Wall Street Journal poll, 77 per- ment will take great offense. But I dressing all of these issues, and I hope cent of Americans are opposed to cut- want everyone within the sound of my very much that my colleagues will co- ting Social Security to reduce the def- voice to know that I am choosing my sponsor that legislation. icit. words carefully.

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These conclusions were sent to tigative work on behalf of Hermitage, fied against. Every petition filed was the Russian General Prosecutor’s Of- it was discovered that Russian Interior either ignored or rejected by Russian fice, the Russian State Investigative Ministry officers, tax officials, and or- authorities. Committee, the Russian Ministry of ganized criminals worked together to On November 13, 2009, Sergei Justice, the Presidential Administra- steal $230 million in public funds, or- Magnitsky’s condition worsened dra- tion, and the Federal Penitentiary chestrating the largest tax rebate matically. Doctors saw him on Novem- Service. None of the government agen- fraud in Russian history. As Magnitsky ber 16, when he was transferred to a cies responded to any of the report’s would come to find out, this group had Moscow detention center that had med- conclusions. fraudulently reregistered three invest- ical facilities. Instead of being deliv- Then, on July 5, 2011—this year—the ment companies of the Hermitage Fund ered to the detention center hospital Russian President’s Human Rights and embezzled from the Russian Treas- and actually treated immediately, Mr. Council issued its independent expert ury all of the profits, taxes, that these Magnitsky was placed in an isolation findings on the Magnitsky case. The re- companies had paid, and did so under cell, reportedly handcuffed, beaten, and port found the following: that Mr. the guise of a tax refund. he died in that cell. Magnitsky was arrested on trumped-up In October of 2008, Magnitsky volun- On the day following Mr. charges in breach of Russian law and tarily gave sworn testimony against of- Magnitsky’s death, detention center of- the European Human Rights Conven- ficials from the Interior Ministry, ficials informed his lawyers that he tion; that his prosecution was unlaw- against Russian tax departments, and had died from a rupture of his abdom- ful; that he was systematically denied the private criminals who he found had inal membrane and toxic shock. That medical care; that he was beaten in perpetrated the fraud. A month later, same day, although detention center custody, which was a proximate cause Interior Ministry officers came to his facilities had said abdominal mem- of his death; that his medical records Moscow apartment, arrested him in brane and toxic shock, the official were falsified; and that there is an on- front of his wife and two children, and cause of his death was changed to heart going coverup and resistance by all threw him in pretrial detention. failure. Indeed. government bodies to investigate. At the same time, the Russian Fed- Two requests by his family for an Thank heaven for the intrepid mem- eral Security Service claimed there independent autopsy were rejected by bers of the Russian President’s Human was evidence that Magnitsky had ap- Russian authorities. A week after Mr. Rights Council. plied for a U.K. visa and that he was Magnitsky’s death, senior Russian In- While little has been done inside Rus- considered a flight risk. The Russian terior Officials publicly claimed that sia regarding that case, action has been courts used this to prolong the term of Magnitsky was not sick at all in deten- taken here in the United States. In his detention without a trial to 12 tion. Seven months after his death, In- May 2011, I joined Senator BEN CARDIN months. I should note that the British terior Ministry officials claimed they in introducing the Sergei Magnitsky Embassy in Moscow has confirmed that were not aware of Magnitsky’s com- Rule of Law Accountability Act. The Mr. Magnitsky had not applied for a plaints and requests for medical assist- bill extends the application of visa and U.K. visa since the year 2002, and so the ance. Ten months after his death, the economic sanctions to officials in the pretrial detention was based on a fab- Russian state investigative committee Magnitsky case and in other cases of rication. claimed that Magnitsky was not pres- gross human rights abuses. The legisla- Once in custody, Magnitsky was pres- sured and tortured but died naturally tion currently has 23 sponsors, and I sured and tortured by officials, hoping of heart disease. His death, the com- urge all of my colleagues to consider he would withdraw his testimony, and mittee claimed, was ‘‘nobody’s fault.’’ joining us on this bill. Join us on this asking him to falsely incriminate him- Nearly 2 years after Magnitsky’s death, bill today. self and his client. They placed Mr. not a single person has been prosecuted On September 16, 2011, 15 leading Magnitsky in an overcrowded cell with for his false arrest, for his torture, for human rights activists and representa- no heat, no window panes, no toilet, his murder in custody, or for the $230 tives of the Russian civil society issued and kept lights on all night in order to million theft he exposed. an open letter urgently calling on this deprive him of sleep. Each time he re- Some may question the facts I have Congress to pass this legislation. The fused to withdraw his testimony outlined today. Are they in dispute? I letter states: against the officials, his conditions would point out that on November 23, Sergei Magnitsky has become a victim of worsened—as did his health. He lost 40 2009, 1 week after Mr. Magnitsky’s the inhumane Russian justice system. Many pounds and developed severe pancrea- death, the chair of President Russian citizens are unlawfully deprived of titis and gallstones. Medvedev’s Human Rights Council pub- liberty due to the travesties of this system. On July 25, 2009, 1 week before a licly raised Magnitsky’s death with The impunity of those who have fabricated planned operation by detention center the case against Magnitsky and have per- President Medvedev. The following secuted him opens the door for other officials doctors, Mr. Magnitsky was transferred day, President Medvedev ordered the who enrich themselves with stolen property to a maximum security detention cen- General Prosecutor and the Justice and target political opponents of the re- ter with no medical facilities. He spent Minister of Russia to investigate the gime. . . . the next 4 months of his life without death. The investigation was limited The letter goes on to say: any medical care. All of his requests and did not result in any criminal pros- The consistent application of international for medical examination and surgery ecutions. pressure on corrupt members of the ruling were denied by the Russian Govern- However, on December 28, 2009, the establishment would significantly support ment officials. Moscow Public Oversight Commission, our civil society and those honest individ- The Interior Ministry officials man- an independent watchdog mandated uals inside the Russian power structures who aging Magnitsky’s detention refused under Russian law to monitor human are trying to revamp and reform the existing family visits as ‘‘inexpedient to the in- rights abuses in Moscow prisons and government institutions. vestigation.’’ From the time of his ar- detention centers, issued its conclu- The letter concludes: rest, Magnitsky saw his wife only once. sions on the Magnitsky case. The re- We urge you— He never saw his children again after port stated that in detention, They urge us, the Members of Con- his arrest. Magnitsky had been subjected to tor- gress—

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From my time as the tion Survey, 78 percent of office-based in support of the principled, fearless State’s attorney general, I understand physicians in the United States are in Russian citizens who have the courage well that New Hampshire is one of sev- practices of nine physicians and under, to expose these corrupt abuses, to ex- eral downwind States in what is infa- with the majority of those physicians pose the brutality and thuggery of mously known as ‘‘America’s tailpipe.’’ being in either solo practice or in prac- their own Russian Government. For far too long, air pollution gen- tices of between two and four physi- I urge President Obama and I urge erated by Midwestern coal-fired power- cians. Withholding 3 percent of Medi- Secretary Clinton to make human plants has been allowed to flow into care payments for services furnished by rights and rule of law in Russia a cen- the jetstream unabated and to settle in physician practices will create a dif- tral part of our efforts to reset bilat- New England, leading to diminished air ficult cash flow problem for physician eral relations. Without commitment to quality in my home State of New practices as small businesses. these basic principles, our efforts to Hampshire. This is another example of good in- find common ground on other issues of As attorney general, I worked to pro- tentions having unintended con- mutual concern will continue to be un- tect Granite State residents and our sequences and originated as a result of dermined. environment from air pollutants gen- very legitimate efforts to address the I suggest the absence of a quorum. erated by Midwest coal-fired power- tax gap—the difference between what is The PRESIDING OFFICER (Mr. plants. The reality is that air pollution owed in taxes and the amount that the CASEY). The clerk will call the roll. The bill clerk proceeded to call the does not stop at State borders, and New IRS is able to collect. roll. Hampshire should not be the tailpipe At first glance, it may seem reason- Ms. AYOTTE. Mr. President, I ask for pollutants from out-of-State power- able to withhold a portion of payments unanimous consent that the order for plants. It is a matter of common sense to contractors, until they pay taxes on the quorum call be rescinded. to ensure that one State’s emissions of the earnings. However, the problem The PRESIDING OFFICER. Without pollutants do not unduly harm another with this approach is that it assumes objection, it is so ordered. State’s air quality. that contractors will not pay their Ms. AYOTTE. Mr. President, I ask I urge my colleagues to oppose the taxes and, regrettably, small busi- unanimous consent to speak as if in resolution of disapproval. nesses suffer as a result of this faulty morning business. Ms. SNOWE. Mr. President, I rise to assumption. The PRESIDING OFFICER. Without express support for the pending legisla- Because this mandate withholds 3 objection, it is so ordered. tion on a critical issue that addresses percent of payments to contractors, it CROSS-STATE AIR POLLUTION RULE the burdensome cost of compliance is a serious problem for small busi- Ms. AYOTTE. Mr. President, I rise to with the Tax Code. H.R. 674 is modeled nesses for whom such a withholding discuss S.J. Res. 27, a resolution of dis- after bipartisan legislation Senator from cash-flow would make bidding on approval of the cross-State air pollu- BROWN and I introduced earlier this contracts cost prohibitive. As such, tion rule. I appreciate my friend, the year to repeal the 3 percent with- this mandate threatens to stifle the Senator from , for bringing holding on government contractors economy at a time when we cannot af- his concerns forward through this reso- that was enacted in 2005. ford any unnecessary obstacles in the lution. However, this is an issue I have I thank Senator BROWN for his stead- road to recovery. been extensively involved in as New fast and persistent leadership on this Everyone agrees that Americans Hampshire’s former attorney general, issue as well as Senators AYOTTE, BAR- should pay their taxes in full and none and I believe this resolution is mis- RASSO, BLUNT, BURR, CHAMBLISS, of us supports tax cheats, yet there are guided. This issue requires a balanced INHOFE, JOHANNS, BOOZMAN, and RISCH already extensive penalties including approach, and when looking at environ- who are also cosponsors of the legisla- monetary and even criminal for tax de- mental regulations, we must review tion. linquency. The unfortunate fact is that each on a case-by-case basis. In that The 3 percent withholding provision the 3 percent withholding provision vein, I cannot support this resolution. mandates that Federal, State, and will cost far more to implement than The cross-State air pollution rule is local governments withhold 3 percent will be collected in tax revenue. designed to control emissions of air of their payments to private contrac- As a senior member of the Senate Fi- pollution that cause air quality prob- tors, including Medicare provider pay- nance Committee, I remain committed lems in downwind States—and New ments, farm payments, defense con- to exploring alternative means to en- Hampshire is a downwind State—and is tracts and certain grants. sure government contractors are in- estimated to reduce powerplant sulfur According to the National Federation deed paying their taxes in full while dioxide emissions by 73 percent and of Independent Business, ‘‘the 3 percent working to mitigate the costs of com- emissions from nitrogen oxides by 54 withholding provision puts both an ad- pliance. On November 1, the Senate percent from 2005 levels. ministrative burden on all parties in- passed the Agriculture appropriations It is important to note that similar volved and a strain on the daily oper- bill which included a provision prohib- pollution standards have been in place ating cash flow of the businesses enter- iting agencies from awarding contracts for 6 years—first implemented by the ing into these contracts.’’ This provi- to companies with unpaid Federal Bush administration in 2005—and many sion would deduct 3 percent from those taxes. utilities have already taken steps to payments and send the cash to the IRS Additionally, that legislation barred comply with the rule. for what can be considered a downpay- any contract over $5 million from being The rule encourages the use of the ment on taxes. The following year, ab- awarded if a company cannot certify it best technology available so downwind sent any outstanding tax liability, the has paid its taxes in the last 3 years. States such as New Hampshire will be contractors, or doctors in the case of Unfortunately, the Obama administra- able to achieve national clean air Medicare, would then get the payment tion has criticized this provision as standards. Without this rule in place, rebated to them. This forces legitimate having ‘‘unintended consequences’’ and New Hampshire will be unable to small businesses who pay their taxes in that the bill as written would hurt con- achieve national clean air standards a timely manner to loan the govern- tracting decisions. I believe the legisla- due to air pollution that is outside the ment 3 percent of a total contract. tion should have gone even further and State’s regulatory control and comes The American Medical Association forced all contractors to certify that from other States. supports repealing the 3 percent with- their taxes are up to date. The bottom In New Hampshire, we have a long, holding because it is an additional tax line is the Federal Government should bipartisan tradition of working to ad- on physicians who already are facing a not be contracting with those who fail

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According to data re- lations most in need, and if doing so in use or yielding back of time, the Sen- leased Friday by Bureau of Labor Sta- this case allows us to repeal the dam- ate proceed to vote in relation to the tistics, the unemployment rate re- aging 3 percent withholding rule, then amendments to H.R. 674 in the fol- mains persistently high at 9 percent. so much the better. lowing order: McCain amendment No. About 45 percent of the unemployed At a time when the American people 928 and Reid for Tester amendment No. have been out of work for at least 6 are extremely frustrated with the par- 927; that the McCain and Reid for months—a level previously unseen in tisan gridlock and Congress’ inability Tester amendments be subject to a 60- the six decades since World War II. At to pass meaningful legislation, this bi- vote affirmative vote threshold; that a time when 14 million Americans are partisan bill would provide small busi- upon the disposition of the amend- still unemployed, and have been so for nesses with much needed certainty and ments, the bill be read a third time and the longest period since record keeping relief. the Senate proceed to vote on passage began in 1948, our government should I yield the floor. of the bill, as amended, if amended; be taking every possible step to ease I suggest the absence of a quorum. that upon disposition of H.R. 674, the the burden on job creators. We need to The PRESIDING OFFICER (Mr. BEN- Senate proceed to vote on the motion offer the American people solutions NET). The clerk will call the roll. to invoke cloture on the motion to pro- that help grow jobs, not provisions that The bill clerk proceeded to call the ceed to H.R. 2354, the Energy and Water prevent it. roll. appropriations bill. Compliance with this law will impose Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without billions of dollars of cost on both the imous consent that the order for the objection, it is so ordered. public and private sectors, with a dis- quorum call be rescinded. f proportionate impact on small busi- The PRESIDING OFFICER (Mr. 3% WITHHOLDING REPEAL AND nesses. These compliance costs will far BLUMENTHAL.) Without objection, it is JOB CREATION ACT exceed projected tax collections. so ordered. For instance, just one Federal agen- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The clerk will report the title of the bill. cy, the Department of Defense, esti- imous consent that the motion to pro- The legislative clerk read as follows: mated that it would cost over $17 bil- ceed to H.R. 674 be adopted; that after A bill (H.R. 674) to amend the Internal Rev- lion in the first 5 years to comply, and the motion is adopted, the majority leader be recognized to offer amend- enue Code of 1986 to repeal the imposition of the revenue estimate in 2005 projected 3 percent withholding on certain payments that only $6.977 billion would be col- ment No. 927 on behalf of Senator made to vendors by government entities, to lected over a 10 year window. TESTER and others; that when the Sen- modify the calculation of modified adjusted Even if that DOD estimate is in- ate resumes consideration of the bill on gross income for purposes of determining eli- flated, as some charge, the Congres- Wednesday, November 9, Senator gibility to certain health-care related pro- sional Budget Office projects costs of MCCAIN or his designee be recognized grams, and for other purposes. $12 billion just to implement this pro- to offer a second-degree amendment, AMENDMENT NO. 927 vision at the Federal level. There are No. 928; that no other amendments, (Purpose: To amend the Internal Revenue similar costs imposed across all of the points of order, or motions be in order Code of 1986 to permit a 100 percent levy Nation’s State and local governments, to either amendment or the bill prior for payments to Federal vendors relating to the votes other than budget points to property, to require a study on how to making this provision simply an un- reduce the amount of Federal taxes owed funded mandate on State and local gov- of order and the applicable motions to but not paid by Federal contractors, and to ernments. This is a case of spending a waive; that following morning business make certain improvements in the laws re- dollar to collect a dime, which is coun- on Wednesday, November 9, the Senate lating to the employment and training of terproductive for addressing the Na- proceed to the consideration of the mo- veterans) tion’s deficits. tion to proceed to S.J. Res. 6, as pro- The PRESIDING OFFICER. The As ranking member of the Senate vided under the previous order; that clerk will report the amendment. Committee on Small Business, I have upon the use or yielding back of time, The legislative clerk read as follows: heard from many businesses across the the Senate resume consideration of The Senator from Nevada [Mr. REID], for country that the 3 percent withholding H.R. 674; further, that at 10 a.m. Thurs- Mr. TESTER, for himself, Mrs. MURRAY, Mr. amount will exceed their profit on a day, November 10, the Senate proceed BAUCUS, Ms. STABENOW, Mr. BROWN of Ohio, given contract and will prevent them to the consideration of the motion to Mr. REID, Mr. AKAKA, Ms. CANTWELL, Mr. from being able to make payroll, forc- proceed to S.J. Res. 27 as provided LEAHY, Mr. CASEY, Mr. COONS, Mr. MENEN- ing them to borrow from banks just to under the previous order; that at noon, DEZ, Mr. KERRY, Mr. LAUTENBERG, Mr. MERKLEY, Mr. SANDERS, Mrs. SHAHEEN, Mr. pay their employees. the Senate resume consideration of the BENNET, Mr. WEBB, Mr. BEGICH, Ms. LAN- This is not the way to encourage jobs motion to proceed to S.J. Res. 6 and DRIEU, Mr. SCHUMER, and Mr. BROWN of Mas- and business growth but rather the way there be up to 5 minutes of debate, sachusetts, proposes an amendment num- to stifle it. This 3 percent withholding equally divided between the two lead- bered 927. provision would increase the tax and ers or their designees, prior to a vote (The amendment is printed in today’s regulatory burdens on our businesses— on the motion to proceed to S.J. Res. 6; RECORD under ‘‘Text of Amendments.’’) precisely the wrong policy potion for that following the vote, the Senate f these troubled times. then proceed to vote on the motion to Given the record deficits and budg- proceed to S.J. Res. 27; that there be 2 ENERGY AND WATER DEVELOP- etary crisis in this country, it is imper- minutes equally divided between the MENT AND RELATED AGENCIES ative that the Congress find funds to votes; that if either or both motions to APPROPRIATIONS ACT, 2012—MO- offset the repeal provision. The Presi- proceed are agreed to, then further de- TION TO PROCEED dent and the House of Representatives bate and votes on the joint resolutions Mr. REID. Mr. President, I move to both agreed that a proper way to pay be deferred until 2:15 p.m. on Tuesday, proceed to Calendar No. 157, H.R. 2354.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16868 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 The PRESIDING OFFICER. The completing basic training, Led spent a eran, who just recently celebrated his 90th clerk will report the bill by title. short time at Camp New Jersey where birthday, has vivid memories of his time The legislative clerk read as follows: he received his ‘‘impregnated clothes,’’ spent in World War II. which were outfits that protected sol- He recalls, ‘‘When I was 18, I registered for The Senator from Nevada [Mr. REID] moves the Army. Next thing I knew, I got a call to to proceed to H.R. 2354, an Act making ap- diers from gas—this was a clear indi- go in and get two physicals. I passed the first propriations for energy and water develop- cator that he would eventually be physical they gave me at Stearns, and then ment and related agencies for the fiscal year shipped overseas. I had to go all the way to Cincinnati for the ending September 30, 2012, and for other pur- A short time later, Led remembers second one. When I was there in Cincinnati, poses. boarding a ship in New York that they told us to say, ‘Home’ if we wanted to CLOTURE MOTION sailed for 14 days and nights before fi- go back home for fourteen days. Me and a Mr. REID. Mr. President, I have a nally reaching , North Afri- buddy wanted to go back home for two cloture motion at the desk. ca. After arriving, Led and his group weeks. After we got those days at home, I caught a train at the station at Stearns to The PRESIDING OFFICER. The clo- were placed with the 3rd Division and go back to the Army. There were many peo- ture motion having been presented sent to assist in the Invasion of . ple at the station, and they were crying as under rule XXII, the chair directs the Led was assigned to the position of 30- we headed off for the war. I ended up at Fort clerk to read the motion. caliber machine gunner on his team. Thomas where they issued my clothes. I The legislative clerk read as follows: ‘‘From there, I went on to the Inva- went on to Fort Wheeler, Georgia, for basic training and then to Camp New Jersey. A CLOTURE MOTION sion of Italy. We went in there on a buddy of mine from home was there with me. We, the undersigned Senators, in accord- beach and fought our way up,’’ Led re- calls. ‘‘I met a fellow from Frazer, Ken- He had his guitar, and one night, he started ance with the provisions of rule XXII of the picking a song about going back home. All at Standing Rules of the Senate, hereby move tucky, and we both promised that we once, he told me that he wanted to go home, to bring to a close debate on the motion to would find each other’s people back but I told him that they would kill us if we proceed to Calendar No. 157, H.R. 2354, an act home if anything happened to either of took off. They issued us our impregnated making appropriations for energy and water us. It ended up that he was killed . . . clothes there. Those types of clothes protect development and related agencies for the fis- I tried to find his people when I came the soldiers from gas. We just knew that cal year ending September 30, 2012, and for back home, but I never could find being issued those clothes meant that we other purposes. were going overseas for sure.’’ Harry Reid, Amy Klobuchar, Dianne them.’’ The toil of war eventually took a toll The hunch about going overseas was cor- Feinstein, Patrick J. Leahy, Richard J. rect, and Stephens can still remember leav- Durbin, John F. Kerry, Charles E. on Led as well. During a battle, ‘‘a ing the U.S. ‘‘From New Jersey, I went to Schumer, Al Franken, Tom Udall, shell went off close to me, and it did New York where we loaded a ship and sailed Richard Blumenthal, Kirsten E. Gilli- something to my ears,’’ Led says. ‘‘My for fourteen days and nights. We ended up in brand, Carl Levin, Jeff Merkley, Ron face was numb . . . they loaded me into Casablanca, North Africa. We spent a couple Wyden, Thomas R. Carper, Daniel K. an ambulance and took me to the 106 of weeks there and were put in the 3rd Divi- Inouye, Benjamin L. Cardin. Hospital in Naples, Italy.’’ After that, sion. Right about that same time, there was Mr. REID. Mr. President, I ask unan- Led spent time recovering in a rest a surrender, and I thought we might get to imous consent that the mandatory camp and was taken out of combat and go home. Instead, we ended up in the Inva- quorum under rule XXII be waived. sion of Sicily. I was the first scout in the was assigned to a port battalion where town of , Sicily, and, from there, I The PRESIDING OFFICER. Without he loaded and unloaded supplies. objection, it is so ordered. went on to the Invasion of Italy. We went in After the war, Led received many there on a beach and fought our way up. I Mr. REID. Mr. President, I now with- medals and ribbons, including the met a fellow from Frazer, Kentucky, and we draw my motion. Bronze Star for his service. Once he re- both promised that we would find each oth- The PRESIDING OFFICER. The mo- turned home to Kentucky, Led began a er’s people back home if anything happened tion is withdrawn. career as a coal-truck driver—he is also to either of us. It ended up that he was f an ordained minister in his spare time. killed. I was a 30-caliber machine gunner, Around his 70th birthday, Led fell in and he was an assistant with another gunner. MORNING BUSINESS That is how he was killed. I tried to find his love with Lois Neal, a girl he had Mr. REID. Mr. President, I ask unan- people when I came back home, but I never known from his childhood. The two could find them.’’ imous consent that the Senate proceed have been married now for over 18 The war eventually took a physical toll on to a period of morning business, with years and reside happily together in Stephens. He explains, ‘‘The Germans came Senators permitted to speak therein their home in Pine Knot, KY. in shelling us. A shell went off close to me, for up to 10 minutes each. I would like to ask that my Senate and it did something to my ears. My face was The PRESIDING OFFICER. Without colleagues join me in thanking Mr. numb. They wanted me to wait to go to the objection, it is so ordered. Ledford ‘‘Led’’ Stephens for his patri- hospital until the 36th Division could relieve us. When I did go to the medics, they were in f otism and selflessness. I commend a long hospital tent. A fellow looked at me TRIBUTE TO MR. LEDFORD Ledford for his service and accomplish- and loaded me into an ambulance. They took STEPHENS ments throughout his life—he is a true me to the 106 Hospital in Naples, Italy. After inspiration to Kentuckians every- that, I went to a rest camp and some other Mr. MCCONNELL. Mr. President, I where. The McCreary County Voice in hospitals. I ended up being taken out of com- rise today to pay tribute to a respect- Whitley City, KY, recently published bat and was assigned to a port battalion able Kentucky veteran, Mr. Ledford an article highlighting Ledford’s hon- where I loaded and unloaded supplies.’’ ‘‘Led’’ Stephens. Ledford, who recently orable life and service. I ask unani- Stephens did have some fun times while he was overseas. His face lights up with a grin celebrated his 90th birthday, still re- mous consent that the full article be members vividly the time he spent as he tells about the two girls he met while printed in the RECORD. in Europe. ‘‘While I was there in Italy, I was serving overseas in Europe during There being no objection, the mate- sent to a rest camp. I could go to town when- World War II. rial was ordered to be printed in the ever I wanted. Me and a buddy met two girls Led grew up across the creek from RECORD, as follows: in town one day. We went for a ride with Lower Cal Hill Cemetery in Pine Knot, [From the McCreary County Voice, Aug. 11, them, and I started seeing the girl named KY. When he was 18 years old, he en- 2011] Connie quite regularly. I went for a time without seeing her and decided I would go to listed in the U.S. Army. After passing MEMORIES OF A SOLDIER her house and find her. I went up the stairs two physicals, Led was allowed to (By Eugenia Jones) spend 2 weeks at home before he and knocked on the door, and an old woman As a youngster, growing up across the came to the door. She spoke English and boarded a train at Stearns station to creek from Lower Cal Hill Cemetery, Ledford said, ‘‘Stephens, come in!’’ The old woman Fort Thomas. There he received his ‘‘Led’’ Stephens never dreamed that he was Connie’s mom. She and Connie were glad clothes and was then shipped to Fort would someday travel to distant lands to to see me. When we shipped out, Connie Wheeler, GA, for basic training. After serve his country. The American war vet- wanted to go. I went back later to see her,

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16869 and, this time, there she was! She was locked and continued support. Due to the sac- I am honored to read the in the arms of a sailor! Of course, that was rifice of so many from our state, such Citation detailing Sergeant Gdovin’s the end of our friendship!’’ as recipient Joe P. brave actions into the RECORD. ‘‘I met Esther when I was in France. When Martinez, who was laid to rest in 1943 I first saw her, she was crocheting, and she The President of the United States of spoke English. Her sister’s name was Julie, in Ault, CO, our country has been made America, authorized by Act of Congress, 9 and I told my buddy about Julie. The Ger- stronger. July 1918, has awarded the Silver Star to: mans had taken their parents. One day, me Other veterans, such as Albert Sergeant Thomas R. Gdovin, 502d Infantry and my buddy went and visited. Julie’s boy- Gonzales, a Springs resident Regiment, 2d Brigade, 101st Airborne Divi- friend came while we were there. Julie was who currently serves as the national sion (Airmobile) For Gallantry: in action on dating a boy named Scott from . commander of the American G.I. 8 March 1968, while serving as Squad Leader She was seeing Scott and my buddy both at Forum and was recently appointed by with 1st Platoon, Company D, 1st Battalion, the same time. When I left France, I told Es- 502d Infantry Regiment, 2d Brigade, 101st President Obama as a member of the Airborne Division (Airmobile) in support of ther that someday I would be back for her. National Selective Service Appeal When I got back to the States, I planned to operations in the Republic of Vietnam. Ser- go back overseas, but Mrs. Harmon of the Board, demonstrate the ongoing com- geant Gdovin’s squad became the company’s draft board thought I should wait awhile. I mitments of Colorado’s veterans. Al- lead element during an attack on enemy had already been overseas for thirty months bert represents another example of the forces when they received intense automatic and ten days. I ended up never going back thousands of exemplary Coloradan His- weapons and rocket fire. The lead Soldier in overseas, and I never saw Esther again.’’ panic veterans. the formation was severely wounded and was After returning to the States, Stephens, In Colorado, paying tribute to the unable to move in an area open to enemy the recipient of many medals and ribbons, State’s Hispanic veterans is a strong fire. Sergeant Gdovin placed the squad into including the Bronze Star, spent his life defensive positions and suppressed enemy part of our effort to support all vet- fire. He then left the defensive position and working as a coal-truck driver and, for a few erans. In the small southeastern Colo- years, he worked in . At the age of 62, with complete disregard for his own personal he began working for the Forest Service rado agricultural town of Avondale, safety and advanced across open terrain to- where he remained for more than three which has come to call itself the ward the wounded soldier, exposing himself years. Stephens also was an ordained min- ‘‘Pueblito of Heroes,’’ it has become an to intense enemy fire. Sergeant Gdovin then ister. annual tradition to recognize the many reached the wounded soldier and under con- In his golden years, when he was about 70, veterans who have served from this tinued fire, brought him back to safety of Stephens fell in love with Lois Neal. Lois, small community. Just this year, they the squad’s position, where we was further who, for many years, owned and operated a honored long-time resident Eutimio evacuated. Sergeant Gdovin’s actions are in keeping with the finest traditions of mili- grocery store at the top of Davis Hill in Pine Sandoval who received a Bronze Star, Knot, recalls, ‘‘When Led started coming to tary service and reflect great credit upon the store, he came regularly!’’ ‘‘Led’’ adds Korean Service Medal, Japan Service himself, the 101st Airborne Division (Air- with a chuckle, ‘‘I enjoyed helping her in the Medal and a 50th anniversary medal for mobile) and the . store. It sure wasn’t the store that I was his service. This is truly an exceptional story Many humble men and women who after. It was Lois! I had my eye on her, and, and I was honored to play a small role have served in our military are cele- then, she sent me some roses! We had known in recognizing Sergeant Gdovin. This each other when we were growing up. Before brated in communities across Colorado, ceremony was an opportunity to say I went overseas, I remember taking her for a and I wish to join them to express my thank you to all veterans. We can ride in a Model A. I was singing, I’m Sitting appreciation and highlight the con- never forget that they gave their time, on Top of the World’ when we went for that tributions of servicemembers of all risked their health, and even placed ride.’’ The two have now been married for 18 backgrounds that make up the larger years. family of veterans who have given so their lives on the line. This not only When ‘‘Led’’ finishes telling the stories means honoring their sacrifices, but about his days in WW II, it is easy to see much. This November 11, I encourage every- also honoring our promises and com- that this man who traveled the world serving mitments to them as well. Let us en- his country as a young man is now happy to one to take the time to thank a vet- be ‘‘sitting on top of the world’’ with his eran and servicemember for his or her sure that we honor and remember all lovely wife Lois at their home in Pine Knot, involvement in protecting America and our veterans, not just this week but Kentucky. the principles for which we stand. throughout the days and years to come. Their commitment to this Na- f f tion is a shining example to all of us. VETERANS DAY TRIBUTE TO SERGEANT THOMAS f Mr. UDALL of Colorado. Mr. Presi- R. GDOVIN dent, I rise to speak on an important Mr. PORTMAN. Mr. President, on ADDITIONAL STATEMENTS holiday we will recognize later this this week of Veteran’s Day, I rise week. Veterans Day is a time we have today to recognize SGT Thomas R. TRIBUTE TO DR. PETER STANG set aside to pause and remember the Gdovin, of , OH, for the ex- veterans who have sacrificed so much ceptional bravery he displayed in com- ∑ Mr. LEE. Mr. President, I wish to for our country. We honor them for bat on March 8, 1968, in Vietnam while formally congratulate Dr. Peter Stang their courage and dedication in helping assigned to the U.S. Army’s 101st Air- of the University of Utah for being secure our freedom. It is without say- borne Division. Earlier today I pre- awarded the National Medal of Science, ing that we are all indebted to these sented the Silver Star, one of our Na- the highest honor bestowed by the men and women and we celebrate them tion’s highest honors for gallantry in United States upon scientists. and their selfless service on behalf of military service, to former SGT Thom- Dr. Stang has been a pioneer in his every American. as Gdovin here in Washington, DC. field, developing methods of creating Last month the celebration of His- SGT Thomas R. Gdovin enlisted into molecular nano-devices that construct panic Heritage Month came to a close, the U.S. Army on July 5, 1966, and themselves from combinations of but as Veterans Day nears, I believe served in the 101st Airborne Division. chemical building blocks. These de- that it is timely and fitting to call at- Today, during a ceremony over 40 years vices hold the promise of eventually tention to the contributions of the in the making, he received the Silver being used in many revolutionary American Latinos who have served in Star for his bravery during the Viet- ways, from enabling artificial photo- every major war of the United States nam war when he risked his own life to synthesis to delivering medicine di- and continue to be an invaluable part save a wounded soldier during combat. rectly to specific individual cells in the of America’s military. I was honored to have Mr. Dan Phillips, human body. Approximately 1.3 million of Amer- the soldier rescued, attend the cere- In 1957, Dr. Stang’s family fled to the ica’s current 22.7 million veterans are mony alongside Mr. Gdovin’s family United States from Hungary to escape of Hispanic origin. In Colorado, each of and friends in celebration of this well the violent clashes between Hungarians these veterans deserves our recognition deserved honor. and the Soviet Union. The greatness of

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16870 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 the American spirit is reflected in the culture are many dedicated and tal- Since 1971, the Close Up Foundation fact that this young immigrant became ented leaders who serve and have has been committed to promoting re- one of the nation’s top scientists and is served Kansans with distinction. I have sponsible and informed participation in now being recognized by the leader of had the privilege to know and work our republic through experiential edu- the free world. with many of them over the years, but cation programs that provide students I thank Dr. Stang for his tremendous there is one in particular I would like with the knowledge and skills to be in- efforts to improve our way of life.∑ to highlight today. Edie Dahlsten cur- volved in our democratic process. rently serves as the vice president of f Close Up’s partnerships with govern- the Kansas Farm Bureau. For nearly a ment agencies, the media, private busi- TRANSCONTINENTAL OVERLAND decade, Edie has served in this role nesses, and our capital’s historic sites TELEGRAPH LINE with distinction and this November she provide interactive classrooms to rein- ∑ Mr. LEE. Mr. President, on October will retire at the end of her term. force the links between our history and 24, the Sons of Utah Pioneers cele- The Farm Bureau is truly a grass- our current policy debates, giving stu- roots organization that begins with a brated the 150th anniversary of the dents a better understanding of the single farmer, who joins together with final connecting of the Trans- concepts and institutions of America’s his neighbors to form an organization continental Overland Telegraph Line in constitutional government. that represents their way of life. Edie Salt Lake City, establishing the first Again, I am proud to honor the Close and Larry Dahlsten have been engaged coast-to-coast electronic communica- Up Foundation and congratulate them in every aspect of that organization, tions system in American history. for their many contributions towards beginning with their service on the Much like the Transcontinental Rail- educating America’s youth.∑ McPherson County Farm Bureau Board road revolutionized transportation in f near their home in central Kansas. this country, the Transcontinental Mr. MORAN. Mr. President, for Edie MESSAGES FROM THE PRESIDENT Telegraph Line revolutionized commu- and Larry, farming is more than just a nication. Sending messages from Wash- Messages from the President of the way to make a living it is a way of life. United States were communicated to ington, DC to California, which had Together they make a great team, and previously taken weeks, took mere sec- the Senate by Mr. Pate, one of his sec- their commitment to the Farm Bureau retaries. onds after completion of the line. and the values it represents is widely President of the Church of Jesus known. Edie and Larry’s leadership and f Christ of Latter-day Saints Brigham service together began more than 20 EXECUTIVE MESSAGES REFERRED Young sent the first message to Presi- years ago when they served on the dent Abraham Lincoln, which con- As in executive session the Presiding State Young Farmers and Ranchers Officer laid before the Senate messages firmed that Utah was still loyal to the Committee. As an Outstanding Young from the President of the United United States and not allied with the Farm Family, they have represented States submitting sundry nominations Confederacy. The line is credited with their fellow producers on numerous which were referred to the appropriate helping to ensure that most of the committees over the years to advocate committees. West sided with the Union in the Civil on behalf of producers at the local, (The nominations received today are War. State, and national level. Congratulations to the citizens of Edie’s leadership and advocacy began printed at the end of the Senate pro- Utah for marking the anniversary of an with humble beginnings on the soil of a ceedings.) accomplishment that helped to hold rural Kansas farm. In 1976, she was se- f ∑ this country together. lected as a Farm Bureau leader to rep- MEASURES PLACED ON THE f resent her district on the State Wom- CALENDAR en’s Committee. In 1989, she was elect- ST. GEORGE, UTAH ed to the Kansas Farm Bureau Board of The following bills were read the sec- ond time, and placed on the calendar: ∑ Mr. LEE. Mr. President, 150 years Directors, and in 2002 she was elected ago, 309 families founded the city of St. as vice president of the Kansas Farm H.R. 2930. An act to amend the securities laws to provide for registration exemptions George in southern Utah. It would be- Bureau. Edie’s career has taken her around the world to convey the impor- for certain crowdfunded securities, and for come the main city in a region known other purposes. as ‘‘Utah’s Dixie’’ because of the cotton tance of agriculture and to share her H.R. 2940. An act to direct the Securities farms that were established in response passion for the special way of life so and Exchange Commission to eliminate the to the cotton shortage of the Civil War. many Kansans love. prohibition against general solicitation as a To celebrate this important mile- Edie Dahlsten embodies many traits requirement for a certain exemption under stone, several hundred people partici- we can all admire—a deep love for the Regulation D. pated in a reenactment of the 100-mile great State of Kansas, gratitude for the f journey of the original settlers, from many hard-working families who daily provide the food, fuel, and fiber Ameri- EXECUTIVE AND OTHER the city of Parowan to the eventual lo- COMMUNICATIONS cation of St. George. The trek featured cans rely on, and the respect of her wagons, livestock, and many other as- peers across the nation. The following communications were I would now like to ask my col- pects of life in the 19th century. laid before the Senate, together with leagues to join us in recognizing Edie Today, St. George is a city of over accompanying papers, reports, and doc- for her dedication, passion, and many 70,000 people, and is the seat of Wash- uments, and were referred as indicated: years of service.∑ ington County. Congratulations to EC–3855. A communication from the Con- Mayor Dan McArthur and the people of f gressional Review Coordinator, Animal and Plant Health Inspection Service, Department St. George for reaching the 150-year CLOSE UP FOUNDATION ∑ of Agriculture, transmitting, pursuant to milestone. ∑ Mr. VITTER. Mr. President, today I law, the report of a rule entitled ‘‘Importa- f recognize the Close Up Foundation on tion of Bromeliad Plants in Growing Media the occasion of its 40th anniversary. From Belgium, Denmark, and the Nether- TRIBUTE TO EDIE DAHLSTEN The Close Up Foundation has had a lands’’ ((RIN0579–AD36)(Docket No. APHIS– ∑ Mr. ROBERTS. Mr. President, you widespread impact on teachers and stu- 2010–0005)) received in the Office of the Presi- have heard me speak many times about dents around the nation, and I applaud dent of the Senate on November 2, 2011; to the Committee on Agriculture, Nutrition, the importance of agriculture to my their efforts to educate and inspire and Forestry. home State. It is a critical industry in young people and provide teachers with EC–3856. A communication from the Under Kansas and forms the backbone of our valuable resources to take back to Secretary of Defense (Personnel and Readi- economy. Within the field of agri- their classrooms. ness), transmitting a report on the approved

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16871 retirement of Lieutenant General Mitchell Internal Revenue Service, Department of the EC–3872. A communication from the Direc- H. Stevenson, United States Army, and his Treasury, transmitting, pursuant to law, the tor, Office of Personnel Management, trans- advancement to the grade of lieutenant gen- report of a rule entitled ‘‘Extending Reli- mitting, pursuant to law, a report entitled eral on the retired list; to the Committee on gious and Family Member FICA and FUTA ‘‘U.S. Office of Personnel Management Armed Services. Exceptions to Disregarded Entities’’ (OPM) Annual Privacy Activity Report to EC–3857. A communication from the Direc- ((RIN1545–BJ07)(TD 9554)) received in the Of- Congress for Fiscal Year 2010’’; to the Com- tor of Defense Procurement and Acquisition fice of the President of the Senate on No- mittee on Homeland Security and Govern- Policy, Department of Defense, transmit- vember 3, 2011; to the Committee on Finance. mental Affairs. ting, pursuant to law, the report of a rule en- EC–3865. A communication from the Assist- EC–3873. A communication from the Chief titled ‘‘Defense Federal Acquisition Regula- ant Secretary, Office of Legislative Affairs, Counsel, Federal Emergency Management tion Supplement: Fire-Resistant Fiber for Department of State, transmitting, pursuant Agency, Department of Homeland Security, Production of Military Uniforms’’ ((RIN0750– to law , the report of a rule entitled ‘‘Amend- transmitting, pursuant to law, the report of AH22)(DFARS Case 2011–D021)) received in ment to the International Traffic in Arms a rule entitled ‘‘Suspension of Community the Office of the President of the Senate on Regulations: Libya and UNSCR 2009’’ Eligibility’’ ((44 CFR Part 64)(Docket No. November 2, 2011; to the Committee on (RIN1400–AC97) received in the Office of the FEMA–2011–0002)) received in the Office of Armed Services. President of the Senate on November 3, 2011; the President of the Senate on November 2, EC–3858. A communication from the Direc- to the Committee on Foreign Relations. 2011; to the Committee on Homeland Secu- tor of Defense Procurement and Acquisition EC–3866. A communication from the Assist- rity and Governmental Affairs. Policy, Department of Defense, transmit- ant Secretary, Office of Legislative Affairs, EC–3874. A communication from the Acting ting, pursuant to law, the report of a rule en- Department of State, transmitting, pursuant Staff Director, United States Commission on titled ‘‘Defense Federal Acquisition Regula- to law, the report of a rule entitled ‘‘Amend- Civil Rights, transmitting, pursuant to law, tion Supplement: Simplified Acquisition ment to the International Traffic in Arms the report of the appointment of members to Threshold for Humanitarian or Peacekeeping Regulations: Filing, Retention, and Return the Nebraska Advisory Committee; to the Operations’’ ((RIN0750–AH29)(DFARS Case of Export Licenses and Filing of Export In- Committee on the Judiciary. 2011–D032)) received in the Office of the formation’’ (RIN1400–AC91) received in the EC–3875. A communication from the Acting President of the Senate on November 2, 2011; Office of the President of the Senate on No- Staff Director, United States Commission on to the Committee on Armed Services. vember 3, 2011; to the Committee on Foreign Civil Rights, transmitting, pursuant to law, EC–3859. A communication from the Direc- Relations. the report of the appointment of members to tor of Defense Procurement and Acquisition EC–3867. A communication from the Assist- the California Advisory Committee; to the Policy, Department of Defense, transmit- ant General Counsel for Regulatory Services, Committee on the Judiciary. ting, pursuant to law, the report of a rule en- Office of Innovation and Improvement, De- EC–3876. A communication from the Chair- titled ‘‘Defense Federal Acquisition Regula- partment of Education, transmitting, pursu- man, Board of Trustees, John F. Kennedy tion Supplement: Representation Relating to ant to law, the report of a rule entitled Center for the Performing Arts, transmit- Compensation of Former DoD Officials’’ ‘‘Final Priorities, Requirements, and Selec- ting, pursuant to law, a report relative to ((RIN0750–AG99)(DFARS Case 2010–D020)) re- tion Criteria; Charter Schools Program the Center’s financial statements, supple- ceived in the Office of the President of the (CSP) Grants for Replication and Expansion mental schedules of operations, and inde- Senate on November 2, 2011; to the Com- of High-Quality Charter Schools’’ (RIN1855– pendent auditor’s report for years ended Oc- mittee on Armed Services. EC–3860. A communication from the Senior ZA08) received in the Office of the President tober 3, 2010 and September 27, 2009; to the Counsel for Regulatory Affairs, Office of Fi- of the Senate on November 3, 2011; to the Committee on Rules and Administration. nancial Stability, Department of the Treas- Committee on Health, Education, Labor, and f Pensions. ury, transmitting, pursuant to law, the re- REPORTS OF COMMITTEES port of a rule entitled ‘‘TARP Conflicts of In- EC–3868. A communication from the Assist- terests’’ (RIN1505–AC05) received in the Of- ant General Counsel for Regulatory Services, The following reports of committees Office of Innovation and Improvement, De- fice of the President of the Senate on No- were submitted: vember 2, 2011; to the Committee on Bank- partment of Education, transmitting, pursu- ant to law, the report of a rule entitled By Mr. LIEBERMAN, from the Committee ing, Housing, and Urban Affairs. on Homeland Security and Governmental Af- EC–3861. A communication from the Chief ‘‘Promise Neighborhoods Program’’ fairs: Counsel of the Fiscal Service, Bureau of Pub- (RIN1855–ZA07) received in the Office of the Report to accompany S. 1487, a bill to au- lic Debt, Department of the Treasury, trans- President of the Senate on November 3, 2011; thorize the Secretary of Homeland Security, mitting, pursuant to law, the report of a rule to the Committee on Health, Education, in coordination with the Secretary of State, entitled ‘‘Offering of United States Savings Labor, and Pensions. to establish a program to issue Asia-Pacific Bonds, Series EE; Regulations Governing De- EC–3869. A communication from the Assist- Economic Cooperation Business Travel finitive United States Savings Bonds, Series ant General Counsel for Regulatory Services, Cards, and for other purposes (Rept. No. 112– EE and HH; Offering of United States Sav- Office of Innovation and Improvement, De- 92). ings Bonds, Series I; Regulations Governing partment of Education, transmitting, pursu- By Mr. ROCKEFELLER, from the Com- Definitive United States Savings Bonds, Se- ant to law, the report of a rule entitled ‘‘In- mittee on Commerce, Science, and Transpor- ries I; Final Rule’’ (31 CFR Parts 351, 353, 359, vesting in Innovation Fund’’ (34 CFR Chap- tation, without amendment: and 360) received in the Office of the Presi- ter II) received in the Office of the President S. 363. A bill to authorize the Secretary of dent of the Senate on November 2, 2011; to of the Senate on November 3, 2011; to the Commerce to convey property of the Na- the Committee on Banking, Housing, and Committee on Health, Education, Labor, and tional Oceanic and Atmospheric Administra- Urban Affairs. Pensions. EC–3862. A communication from the Chief EC–3870. A communication from the Dep- tion to the City of Pascagoula, , of the Publications and Regulations Branch, uty Director for Policy, Legislative and Reg- and for other purposes. Internal Revenue Service, Department of the ulatory Department, Pension Benefit Guar- f Treasury, transmitting, pursuant to law, the anty Corporation, transmitting, pursuant to report of a rule entitled ‘‘Tribal Economic law, the report of a rule entitled ‘‘Benefits INTRODUCTION OF BILLS AND Development Bonds—Request for Public Payable in Terminated Single-Employer JOINT RESOLUTIONS Comment on Volume Cap Allocation Process Plans; Interest Assumptions for Valuing and The following bills and joint resolu- and Optional Extension of Deadline to Issue Paying Benefits’’ (29 CFR Part 4022) received tions were introduced, read the first in the Office of the President of the Senate Bonds’’ (Announcement 2011–71) received in and second times by unanimous con- the Office of the President of the Senate on on November 3, 2011; to the Committee on November 3, 2011; to the Committee on Fi- Health, Education, Labor, and Pensions. sent, and referred as indicated: nance. EC–3871. A communication from the Direc- By Mr. HELLER: EC–3863. A communication from the Chief tor of Regulations and Policy Management S. 1817. A bill to amend the Communica- of the Publications and Regulations Branch, Staff, Food and Drug Administration, De- tions Act of 1934 to provide for greater trans- Internal Revenue Service, Department of the partment of Health and Human Services, parency and efficiency in the procedures fol- Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the report of lowed by the Federal Communications Com- report of a rule entitled ‘‘O’Donnabhain v. a rule entitled ‘‘Beverages: Bottled Water mission; to the Committee on Commerce, Commissioner, 134 T.C. 34 (2010)’’ (AOD–2011– Quality Standard; Establishing an Allowable Science, and Transportation. 47) received in the Office of the President of Level for di(2-ethylhexyl)phthalate’’ (Docket By Ms. STABENOW: the Senate on November 3, 2011; to the Com- No. FDA–1993–N–0259) received in the Office S. 1818. A bill to amend SAFETEA–LU to mittee on Finance. of the President of the Senate on November ensure that projects that assist the estab- EC–3864. A communication from the Chief 2, 2011; to the Committee on Health, Edu- lishment of aerotropolis transportation sys- of the Publications and Regulations Branch, cation, Labor, and Pensions. tems are eligible for certain grants, and for

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other purposes; to the Committee on Envi- By Ms. STABENOW: (Ms. LANDRIEU) was added as a cospon- ronment and Public Works. S. 1830. A bill to improve enforcement of sor of S. 951, a bill to improve the pro- By Mr. KOHL (for himself and Ms. MI- intellectual property rights, and for other vision of Federal transition, rehabilita- KULSKI): purposes; to the Committee on Finance. S. 1819. A bill to amend the Older Ameri- tion, vocational, and unemployment f cans Act of 1965 to improve programs and benefits to members of the Armed services; to the Committee on Health, Edu- SUBMISSION OF CONCURRENT AND Forces and veterans, and for other pur- cation, Labor, and Pensions. SENATE RESOLUTIONS poses. By Mrs. GILLIBRAND (for herself and S. 960 The following concurrent resolutions Mr. BLUNT): At the request of Mr. KERRY, the S. 1820. A bill to authorize the Secretary of and Senate resolutions were read, and name of the Senator from Oregon (Mr. Defense to provide assistance to State Na- referred (or acted upon), as indicated: tional Guards to provide counseling and re- MERKLEY) was added as a cosponsor of By Mrs. MCCASKILL (for herself and S. 960, a bill to provide for a study on integration services for members of reserve Mr. BLUNT): components of the Armed Forces ordered to S. Res. 315. A resolution commending the issues relating to access to intravenous active duty in support of a contingency oper- St. Louis Cardinals on their hard-fought immune globulin (IVG) for Medicare ation, members returning from such active World Series victory; considered and agreed beneficiaries in all care settings and a duty, veterans of the Armed Forces, and to. demonstration project to examine the their families; to the Committee on Armed By Mr. LIEBERMAN (for himself, Mr. benefits of providing coverage and pay- Services. MCCAIN, and Mr. KERRY): ment for items and services necessary By Mr. COONS (for himself, Mr. ISAK- S. Res. 316. A resolution expressing the to administer IVG in the home. SON, Mr. BURR, Mr. GRAHAM, Mr. CAR- sense of the Senate regarding Tunisia’s S. 1106 PER, Mrs. HAGAN, Mr. ALEXANDER, peaceful Jasmine Revolution; to the Com- and Mr. HELLER): mittee on Foreign Relations. At the request of Mr. KOHL, the name S. 1821. A bill to prevent the termination of By Mr. KERRY (for himself, Mr. of the Senator from Minnesota (Mr. the temporary office of bankruptcy judges in MCCAIN, and Mr. LIEBERMAN): FRANKEN) was added as a cosponsor of certain judicial districts; to the Committee S. Res. 317. A resolution expressing the S. 1106, a bill to authorize Department on the Judiciary. sense of the Senate regarding the liberation of Defense support for programs on pro By Mr. HELLER (for himself, Mr. of Libya from the dictatorship led by Muam- BOOZMAN, and Mr. BROWN of Massa- bono legal assistance for members of mar Qaddafi; to the Committee on Foreign the Armed Forces. chusetts): Relations. S. 1822. A bill to provide for the exhuma- S. 1107 tion and transfer of remains of deceased f At the request of Mr. MENENDEZ, the members of the Armed Forces buried in Trip- ADDITIONAL COSPONSORS name of the Senator from New Jersey oli, Libya; to the Committee on Armed Serv- (Mr. LAUTENBERG) was added as a co- ices. S. 227 sponsor of S. 1107, a bill to authorize By Mr. BLUNT (for himself and Mrs. At the request of Ms. COLLINS, the and support psoriasis and psoriatic ar- GILLIBRAND): name of the Senator from New York S. 1823. A bill to amend title 38, United thritis data collection, to express the (Mr. SCHUMER) was added as a cospon- States Code, to provide for employment and sense of the Congress to encourage and sor of S. 227, a bill to amend title XVIII reemployment rights for certain individuals leverage public and private investment of the Social Security Act to ensure ordered to full-time National Guard duty, in psoriasis research with a particular more timely access to home health and for other purposes; to the Committee on focus on interdisciplinary collaborative Veterans’ Affairs. services for Medicare beneficiaries research on the relationship between By Mr. TOOMEY (for himself, Mr. CAR- under the Medicare program. PER, Mr. WARNER, and Mr. JOHANNS): psoriasis and its comorbid conditions, S. 362 S. 1824. A bill to amend the securities laws and for other purposes. to establish certain thresholds for share- At the request of Mr. WHITEHOUSE, S. 1251 holder registration under that Act, and for the name of the Senator from Illinois At the request of Mr. CARPER, the other purposes; to the Committee on Bank- (Mr. KIRK) was added as a cosponsor of name of the Senator from Wyoming ing, Housing, and Urban Affairs. S. 362, a bill to amend the Public By Mr. NELSON of Florida: (Mr. BARRASSO) was added as a cospon- Health Service Act to provide for a sor of S. 1251, a bill to amend title S. 1825. A bill to amend title 36, United Pancreatic Cancer Initiative, and for States Code, to grant a Federal charter to XVIII and XIX of the Social Security the American Military Retirees Association, other purposes. Act to curb waste, fraud, and abuse in and for other purposes; to the Committee on S. 431 the Medicare and Medicaid programs. the Judiciary. At the request of Mr. PRYOR, the S. 1380 By Mr. WYDEN (for himself, Mr. CAR- names of the Senator from Missouri At the request of Mr. JOHANNS, his PER, and Mr. CASEY): (Mr. BLUNT) and the Senator from S. 1826. A bill to provide for the avail- name was added as a cosponsor of S. ability of self-employment assistance to in- North Dakota (Mr. CONRAD) were added 1380, a bill to suspend until January 21, dividuals receiving extended compensation as cosponsors of S. 431, a bill to require 2013, certain provisions of Federal im- or emergency unemployment compensation; the Secretary of the Treasury to mint migration law, and for other purposes. to the Committee on Finance. coins in commemoration of the 225th S. 1421 By Ms. STABENOW (for herself and anniversary of the establishment of the At the request of Mr. PORTMAN, the Mr. GRAHAM): Nation’s first Federal law enforcement name of the Senator from South Da- S. 1827. A bill to establish a Trade Enforce- agency, the United States Marshals ment Division in the Office of the United kota (Mr. JOHNSON) was added as a co- States Trade Representative, and for other Service. sponsor of S. 1421, a bill to authorize purposes; to the Committee on Finance. S. 933 the Peace Corps Commemorative Foun- By Mr. KERRY: At the request of Mr. SCHUMER, the dation to establish a commemorative S. 1828. A bill to increase small business names of the Senator from Pennsyl- work in the District of Columbia and lending, and for other purposes; to the Com- vania (Mr. CASEY) and the Senator its environs, and for other purposes. mittee on Small Business and Entrepreneur- from Wisconsin (Mr. KOHL) were added ship. S. 1440 By Mr. WHITEHOUSE (for himself, Mr. as cosponsors of S. 933, a bill to amend At the request of Mr. BENNET, the LEVIN, Mr. BEGICH, Mr. FRANKEN, Mr. the Internal Revenue Code of 1986 to name of the Senator from New York REED, Mr. DURBIN, Mr. SANDERS, and extend and increase the exclusion for (Mr. SCHUMER) was added as a cospon- Mr. MERKLEY): benefits provided to volunteer fire- sor of S. 1440, a bill to reduce preterm S. 1829. A bill to amend the Truth in Lend- fighters and emergency medical re- labor and delivery and the risk of preg- ing Act to empower the States to set the sponders. maximum annual percentage rates applica- nancy-related deaths and complica- ble to consumer credit transactions, and for S. 951 tions due to pregnancy, and to reduce other purposes; to the Committee on Bank- At the request of Mrs. MURRAY, the infant mortality caused by pre- ing, Housing, and Urban Affairs. name of the Senator from Louisiana maturity.

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At the request of Mr. ALEXANDER, the 1651, a bill to provide for greater trans- BEGICH) was added as a cosponsor of S. name of the Senator from Massachu- parency and honesty in the Federal 1808, a bill to amend the Immigration setts (Mr. BROWN) was added as a co- budget process. and Nationality Act to toll, during ac- sponsor of S. 1440, supra. S. 1680 tive-duty service abroad in the Armed S. 1527 At the request of Mr. CONRAD, the Forces, the periods of time to file a pe- At the request of Mrs. HAGAN, the name of the Senator from New York tition and appear for an interview to names of the Senator from North Da- (Mr. SCHUMER) was added as a cospon- remove the conditional basis for per- kota (Mr. CONRAD), the Senator from sor of S. 1680, a bill to amend title manent resident status, and for other Rhode Island (Mr. REED), the Senator XVIII of the Social Security Act to purposes. from Nebraska (Mr. NELSON), the Sen- protect and preserve access of Medicare S.J. RES. 27 ator from Wisconsin (Mr. KOHL), the beneficiaries in rural areas to health At the request of Mr. PAUL, the name Senator from New Mexico (Mr. BINGA- care providers under the Medicare pro- of the Senator from Utah (Mr. HATCH) MAN), the Senator from Indiana (Mr. gram, and for other purposes. was added as a cosponsor of S.J. Res. LUGAR), the Senator from Arizona (Mr. S. 1720 27, a joint resolution disapproving a MCCAIN), the Senator from Maine (Ms. At the request of Mr. MCCAIN, the rule submitted by the Environmental COLLINS), the Senator from Wyoming name of the Senator from Utah (Mr. Protection Agency relating to the (Mr. BARRASSO), the Senator from Ohio HATCH) was added as a cosponsor of S. mitigation by States of cross-border (Mr. PORTMAN), the Senator from 1720, a bill to provide American jobs air pollution under the Clean Air Act. South Dakota (Mr. THUNE), the Sen- through economic growth. S.J. RES. 29 S. 1733 ator from Mississippi (Mr. WICKER), the At the request of Mr. UDALL of New Senator from Texas (Mrs. HUTCHISON), At the request of Mr. TESTER, the Mexico, the names of the Senator from name of the Senator from Minnesota the Senator from Texas (Mr. CORNYN), Rhode Island (Mr. REED) and the Sen- (Mr. FRANKEN) was added as a cospon- the Senator from North Dakota (Mr. ator from North Dakota (Mr. CONRAD) HOEVEN), the Senator from Wyoming sor of S. 1733, a bill to establish the were added as cosponsors of S.J. Res. (Mr. ENZI), the Senator from Wisconsin Commission on the Review of the Over- 29, a joint resolution proposing an (Mr. JOHNSON), the Senator from South seas Military Facility Structure of the amendment to the Constitution of the United States. Dakota (Mr. JOHNSON), the Senator United States relating to contributions from Arkansas (Mr. PRYOR), the Sen- S. 1756 and expenditures intended to affect ator from Massachusetts (Mr. KERRY), At the request of Mrs. HAGAN, the elections. name of the Senator from Colorado the Senator from Hawaii (Mr. INOUYE), S. RES. 241 the Senator from Massachusetts (Mr. (Mr. BENNET) was added as a cosponsor of S. 1756, a bill to extend HUBZone At the request of Mr. MENENDEZ, the BROWN), the Senator from Tennessee name of the Senator from Connecticut (Mr. ALEXANDER), the Senator from In- designations by 3 years, and for other purposes. (Mr. BLUMENTHAL) was added as a co- diana (Mr. COATS), the Senator from sponsor of S. Res. 241, a resolution ex- S. 1762 Tennessee (Mr. CORKER), the Senator pressing support for the designation of from Idaho (Mr. CRAPO), the Senator At the request of Mr. BROWN of Mas- sachusetts, the name of the Senator November 16, 2011, as National Infor- from Arizona (Mr. KYL), the Senator mation and Referral Services Day. from Kentucky (Mr. MCCONNELL), the from Arkansas (Mr. BOOZMAN) was S. RES. 274 Senator from Pennsylvania (Mr. added as a cosponsor of S. 1762, a bill to At the request of Mr. WHITEHOUSE, TOOMEY) and the Senator from New repeal the imposition of withholding on the name of the Senator from South Mexico (Mr. UDALL) were added as co- certain payments made to vendors by Dakota (Mr. JOHNSON) was added as a sponsors of S. 1527, a bill to authorize government entities and to amend the cosponsor of S. Res. 274, a resolution the award of a Congressional gold Internal Revenue Code of 1986 to mod- expressing the sense of the Senate that medal to the Montford Point Marines ify the calculation of modified adjusted funding for the Federal Pell Grant pro- of World War II. gross income for purposes of deter- gram should not be cut in any deficit At the request of Mr. REID, his name mining eligibility for certain reduction program. was added as a cosponsor of S. 1527, healthcare-related programs. supra. S. 1763 S. RES. 302 At the request of Mr. AKAKA, the At the request of Ms. LANDRIEU, the S. 1575 name of the Senator from North Da- name of the Senator from Idaho (Mr. At the request of Mr. CARDIN, the kota (Mr. CONRAD) was added as a co- RISCH) was added as a cosponsor of S. name of the Senator from Texas (Mrs. sponsor of S. 1763, a bill to decrease the Res. 302, a resolution expressing sup- HUTCHISON) was added as a cosponsor of incidence of violent crimes against In- port for the goals of National Adoption S. 1575, a bill to amend the Internal dian women, to strengthen the capac- Day and National Adoption Month by Revenue Code of 1986 to modify the de- ity of Indian tribes to exercise the sov- promoting national awareness of adop- preciation recovery period for energy- ereign authority of Indian tribes to re- tion and the children awaiting fami- efficient cool roof systems. spond to violent crimes committed lies, celebrating children and families S. 1576 against Indian women, and to ensure involved in adoption, and encouraging At the request of Ms. LANDRIEU, the that perpetrators of violent crimes the people of the United States to se- name of the Senator from Florida (Mr. committed against Indian women are cure safety, permanency, and well- RUBIO) was added as a cosponsor of S. held accountable for that criminal be- being for all children. 1576, a bill to measure the progress of havior, and for other purposes. f relief, recovery, reconstruction, and de- S. 1790 velopment efforts in Haiti following At the request of Ms. AYOTTE, the STATEMENTS ON INTRODUCED the earthquake of January 12, 2010, and name of the Senator from Oklahoma BILLS AND JOINT RESOLUTIONS for other purposes. (Mr. COBURN) was added as a cosponsor By Mr. KOHL (for himself and S. 1651 of S. 1790, a bill to modify the Finan- Ms. MIKULSKI). At the request of Mr. SESSIONS, the cial Improvement and Audit Readiness S. 1819. A bill to amend the Older names of the Senator from Wyoming Plan to provide that the full statement Americans Act of 1965 to improve pro- (Mr. BARRASSO), the Senator from of budget resources of the Department grams and services; to the Committee Idaho (Mr. CRAPO), the Senator from of Defense is complete and validated by on Health, Education, Labor, and Pen- Arizona (Mr. MCCAIN), the Senator not later than September 30, 2014. sions. from Georgia (Mr. ISAKSON) and the S. 1808 Mr. KOHL. Mr. President, I ask unan- Senator from Massachusetts (Mr. At the request of Mr. COONS, the imous consent that the text of the bill BROWN) were added as cosponsors of S. name of the Senator from Alaska (Mr. be printed in the RECORD.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16874 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 There being no objection, the text of under this subparagraph shall be designed in ‘‘(F) COORDINATION WITH OTHER ASSESS- the bill was ordered to be printed in a manner that accounts for, and aims to as- MENT.—Assessments under the program es- the RECORD, as follows: certain, the varying needs and preferences of tablished under paragraph (1) may be con- family caregivers, based on the range of ducted separately or as part of, or in con- S. 1819 their capabilities, caregiving experience, and junction with, eligibility or other routine as- Be it enacted by the Senate and House of Rep- other relevant personal characteristics and sessments of an individual who is being (or is resentatives of the United States of America in circumstances. going to be) assisted by a family caregiver. Congress assembled, ‘‘(C) TARGETED SUPPORT SERVICES DE- ‘‘(G) FOLLOWUP SERVICES.—As the Assist- SECTION 1. SHORT TITLE. SCRIBED.—The following targeted support ant Secretary determines appropriate, a This Act may be cited as the ‘‘Strength- services are described in this subparagraph: State with a program described in paragraph ening Services for America’s Seniors Act’’. ‘‘(i) Information and assistance (including (1) shall conduct followup activities with SEC. 2. STANDARDIZED ASSESSMENT OF NEEDS brochures and online resources for research- caregivers who have participated in an as- OF FAMILY CAREGIVERS. ing a disease or disability or for learning and sessment to determine the status of the care- (a) IN GENERAL.—Section 373 (42 U.S.C. managing a regular caregiving role, new giver and whether services were provided. 3030s–1) is amended— technologies that can assist family care- ‘‘(H) REPORTING REQUIREMENT.—Each State (1) by redesignating subsections (b) givers, and practical assistance for locating with a program described in paragraph (1) through (g) as subsections (c) through (h), re- services). shall periodically submit to the Assistant spectively; ‘‘(ii) Individual counseling (including ad- Secretary a report containing information (2) in subsection (d), as so redesignated, by vice and consultation sessions to bolster on the number of caregivers assessed under striking ‘‘subsection (b)’’ and inserting ‘‘sub- emotional support for the family caregiver the program, information on the number of section (c)’’; to make well-informed decisions about how referrals made for targeted support services (3) in subsection (e), as so redesignated, by to cope with caregiver strain). under the program (disaggregated by type of striking ‘‘subsection (b)’’ and inserting ‘‘sub- ‘‘(iii) Support groups, including groups service), demographic information on care- section (c)’’; and which provide help for family caregivers to— givers assessed under the program, and other (4) by inserting after subsection (a) the fol- ‘‘(I) locate a support group either locally information required by the Assistant Sec- lowing: or online to share experiences and reduce retary.’’. (b) STANDARDIZED ASSESSMENT OF NEEDS OF ‘‘(b) ASSESSMENT PROGRAM OF NEEDS OF isolation; INFORMAL CAREGIVERS.—Section 202 (42 FAMILY CAREGIVERS.— ‘‘(II) make well-informed caregiving deci- U.S.C. 3012) is amended— ‘‘(1) IN GENERAL.—The Assistant Secretary sions; and (1) in subsection (b)(8)— may make grants to States to establish a ‘‘(III) reduce isolation. (A) in subparagraph (D), by striking ‘‘and’’; program, in accordance with the program re- ‘‘(iv) Education and training (including (B) in subparagraph (E), inserting ‘‘and’’ quirements described in paragraph (5), to as- workshops and other resources available after the semicolon at the end; and sess the needs of family caregivers for tar- with information about stress management, (C) by adding at the end the following: geted support services described in para- self-care to maintain good physical and men- ‘‘(F) which may carry out the informal graph (5)(C). tal health, understanding and commu- nicating with individuals with dementia, caregiver assessment program described in ‘‘(2) APPLICATION BY STATES.—Each State medication management, normal aging proc- subsection (g);’’; and seeking a grant under this subsection shall esses, change in disease and disability, the (2) by adding at the end the following: submit an application to the Assistant Sec- role of assistive technologies, and other rel- ‘‘(g) STANDARDIZED ASSESSMENT OF NEEDS retary at such time, in such manner, and evant topics). OF INFORMAL CAREGIVERS.— containing such information and assurances ‘‘(v) Respite care and emergency back-up ‘‘(1) IN GENERAL.—Aging and Disability Re- as the Assistant Secretary determines appro- services (including short-term in-home care source Centers implemented under sub- priate. services that gives the family caregiver a section (b)(8) may carry out an assessment ‘‘(3) GRANT AMOUNT.—The amount of a break from providing such care). program with respect to informal caregivers grant to a State under this subsection shall ‘‘(vi) Chore services (such as house clean- and care recipients. Such assessment pro- be determined according to such method- ing) to assist the individual receiving care. gram shall be modeled on the family care- ology as the Assistant Secretary determines ‘‘(vii) Personal care (including outside giver assessment program established under appropriate. help) to assist the individual receiving care. section 373(b). ‘‘(4) PROGRAM ADMINISTRATION.—A State ‘‘(viii) Legal and financial planning and ‘‘(2) DEFINITIONS.—For purposes of an infor- receiving a grant under this subsection may consultation (including advice and coun- mal caregiver assessment carried out in ac- enter into an agreement with area agencies seling regarding long-term care planning, es- cordance with paragraph (1), the following on aging in the State, or an Aging and Dis- tate planning, powers of attorney, commu- definitions shall apply: ability Resource Center in the State, to ad- nity property laws, tax advice, employment ‘‘(A) CARE RECIPIENT.—The term ‘care re- minister the program, using such grant leave advice, advance directives, and end-of- cipient’ means— funds. life care). ‘‘(i) an older individual; ‘‘(5) PROGRAM REQUIREMENTS.— ‘‘(ix) Transportation (including transpor- ‘‘(ii) an individual with a disability; or ‘‘(A) STANDARDIZED ASSESSMENT.—Assess- tation to medical appointments) to assist ‘‘(iii) an individual with a special need. ments under a program established under the individual receiving care. ‘‘(B) INDIVIDUAL WITH A SPECIAL NEED.—The paragraph (1)— ‘‘(x) Other targeted support services, as de- term ‘individual with a special need’ means ‘‘(i) shall be conducted by social workers, termined appropriate by the State agency an individual who requires care or super- care managers, nurses, or other appropriate and approved by the Assistant Secretary. vision to— professionals; and ‘‘(D) REFERRALS.—In the case where a ‘‘(i) meet the individual’s basic needs; ‘‘(ii)(I) shall be conducted with a standard- questionnaire completed by a family care- ‘‘(ii) prevent physical self-injury or injury ized instrument to identify family caregiver giver under subparagraph (B) indicates that to others; or needs; and the family caregiver would benefit from 1 or ‘‘(iii) avoid placement in an institutional ‘‘(II) in a State in which an area agency on more of the targeted support services de- facility. aging or an Aging and Disability Resource scribed in subparagraph (C), the agency ad- ‘‘(C) INFORMAL CAREGIVER.— Center is using such an instrument on the ministering the program shall provide refer- ‘‘(i) IN GENERAL.—Subject to clause (ii), the date of enactment of the Strengthening rals to the family caregiver for State, local, term ‘informal caregiver’ means an adult Services for America’s Seniors Act, may con- and private-sector caregiver programs and family member, or another individual, who is tinue to be conducted with that instrument. other resources that provide such targeted an informal provider of in-home and commu- ‘‘(B) QUESTIONNAIRE.— support services to such caregivers. nity care to a care recipient. ‘‘(i) IN GENERAL.—Subject to clause (ii), as- ‘‘(E) TARGETING AND TIMING OF ASSESS- ‘‘(ii) ALTERNATE DEFINITION.—A State that sessments under a program established as de- MENTS.—Assessments under the program es- has a State law with an alternate definition scribed in paragraph (1) shall include asking tablished under paragraph (1) may be con- of the term ‘informal caregiver’ for purposes the family caregiver relevant questions in ducted— of a program described in paragraph (1)) may order to determine whether the family care- ‘‘(i) when an individual who is being as- use that definition (with respect to care- giver would benefit from any targeted sup- sisted by a family caregiver transitions from givers for care recipients) for purposes of port services described in subparagraph (C). one care setting to another; provisions of this Act that relate to that pro- ‘‘(ii) COMPLETION ON A VOLUNTARY BASIS.— ‘‘(ii) upon referral from a social worker, gram, if such alternative definition is broad- The answering of questions under clause (i) care manager, nurse, physician, or other ap- er than the definition in clause (i), and sub- by a family caregiver shall be on a voluntary propriate professional; or ject to approval by the Assistant Sec- basis. ‘‘(iii) according to circumstances deter- retary.’’. ‘‘(iii) ADDRESSING DIVERSE CAREGIVER mined by the State and approved by the As- (c) CONFORMING AMENDMENT.—Section NEEDS AND PREFERENCES.—The questionnaire sistant Secretary. 631(b) (42 U.S.C. 3057k–11(b)) is amended by

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.000 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16875 striking ‘‘subsections (c), (d), and (e)’’ and developer in States to enhance the coordina- penses, including per diem in lieu of subsist- inserting ‘‘subsections (d), (e), and (f)’’. tion and effectiveness of legal assistance ac- ence, at rates authorized for employees of SEC. 3. ADVISORY COMMITTEE TO ASSESS, CO- tivities across the State; agencies under subchapter I of chapter 57 of ORDINATE, AND IMPROVE LEGAL AS- ‘‘(ii) the extent to which— title 5, United States Code, while away from SISTANCE ACTIVITIES. ‘‘(I) there is data collection and reporting their homes or regular places of business in (a) IN GENERAL.—Title II of the Older of information by legal assistance providers the performance of services for the Com- Americans Act of 1965 is amended— in States; mittee. Notwithstanding section 1342 of title (1) in section 215(j) (42 U.S.C. 3020e–1(j)), by ‘‘(II) there is uniform statewide reporting 31, United States Code, the Secretary may striking ‘‘section 216’’ and inserting ‘‘section among States; and accept the voluntary and uncompensated 217’’; ‘‘(III) the value and impact of services pro- services of members of the Committee. (2) by redesignating section 216 (42 U.S.C. vided is being captured at the State or local ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— 3020f) as section 217; and level; and Any Federal Government employee may be (3) by inserting after section 215 (42 U.S.C. ‘‘(iii) the mechanisms to organize and pro- detailed to the Committee without reim- 3020e–1) the following: mote legal assistance development and serv- bursement, and such detail shall be without ‘‘SEC. 216. ADVISORY COMMITTEE TO ASSESS, CO- ices to best meet the needs of older individ- interruption or loss of civil service status or ORDINATE, AND IMPROVE LEGAL AS- uals with greatest social and economic need. privilege. SISTANCE ACTIVITIES. ‘‘(B) CONSIDERATIONS.—In carrying out sub- ‘‘(3) ADMINISTRATIVE AND SUPPORT SERV- ‘‘(a) ESTABLISHMENT.—There is established paragraph (A)(i), particular attention shall ICES.—The Assistant Secretary shall provide an Advisory Committee to Assess, Coordi- be given to— administrative and support services to the nate, and Improve Legal Assistance Activi- ‘‘(i) State leadership on targeting limited Committee. ties (referred to in this section as the ‘Com- legal resources to older individuals in great- ‘‘(4) PROCUREMENT OF TEMPORARY AND mittee’). est social and economic need; and INTERMITTENT SERVICES.—The Chairman of ‘‘(b) MEMBERSHIP.— ‘‘(ii) State leadership on establishing pri- the Committee may procure temporary and ‘‘(1) COMPOSITION.—The Committee shall be ority legal issue areas in accordance with intermittent services under section 3109(b) of composed of 9 members— section 307(a)(11)(E). title 5, United States Code, at rates for indi- ‘‘(A) with expertise with existing State ‘‘(3) RECOMMENDATIONS.—After completion viduals that do not exceed the daily equiva- legal assistance development programs car- and analysis of study results under para- lent of the annual rate of basic pay pre- ried out under section 731 and providers of graph (2), the Committee shall develop rec- scribed for level V of the Executive Schedule State legal assistance under subtitle B of ommendations for the establishment of under section 5316 of such title. title III and title IV; and guidelines for— ‘‘(h) EXEMPTION FROM TERMINATION RE- ‘‘(B) of whom— ‘‘(A) enhancing the leadership capacity of QUIREMENTS.—Section 14 of the Federal Advi- ‘‘(i) 6 individuals shall be appointed by the the State legal assistance developers to sory Committee Act shall not apply to the Assistant Secretary— carry out statewide coordinated legal assist- Committee.’’. ‘‘(I) 1 of whom shall be a consumer advo- ance service delivery, with particular focus (b) AUTHORIZATION OF APPROPRIATIONS.— cate; on enhancing leadership capacity to— Section 217 of the Older Americans Act of ‘‘(II) 1 of whom shall be a professional ad- ‘‘(i) target limited legal resources to older 1965, as redesignated by subsection (a), is vocate from a State agency or State Legal individuals in greatest social and economic amended by adding at the end the following: Services Developer; and need; and ‘‘(d) ADVISORY COMMITTEE TO ASSESS, CO- ‘‘(III) 4 of whom shall be representatives ‘‘(ii) establish priority legal issue areas in ORDINATE, AND IMPROVE LEGAL ASSISTANCE from collaborating organizations under the accord with priorities set forth in section ACTIVITIES.—There is authorized to be appro- National Legal Resource Center of the Ad- 307(a)(11)(E); priated to carry out section 216, $300,000 for ministration; and ‘‘(B) developing a uniform national data fiscal year 2012.’’. ‘‘(ii) 3 individuals shall be appointed by the collection system to be implemented in all SEC. 4. IMPROVING THE STATE LONG-TERM CARE Comptroller General of the United States. States on legal assistance development and OMBUDSMAN PROGRAMS. ‘‘(2) DATE.—The appointments of the mem- services; and (a) NATIONAL OMBUDSMAN RESOURCE CEN- bers of the Committee shall be made not ‘‘(C) identifying mechanisms for organizing TER.—Section 202(a)(18)(B) of the Older later than 9 months after the date of enact- and promoting legal assistance activities to Americans Act of 1965 (42 U.S.C. ment of the Strengthening Services for provide the highest quality, impact, and ef- 3012(a)(18)(B)) is amended by striking ‘‘make America’s Seniors Act. fectiveness to older individuals with the available’’ and all that follows and inserting ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— greatest social and economic need. ‘‘reserve and provide, for the funding of the Members shall be appointed for the life of ‘‘(4) REPORT.—Not later than 1 years after National Ombudsman Resource Center the Committee. Any vacancy in the Com- the date of the establishment of the Com- (which may include enabling the center to mittee shall not affect its powers, but shall mittee, the Committee shall submit to the collaborate and participate with the Centers be filled in the same manner as the original President, Congress, and the Assistant Sec- for Medicare & Medicaid Services in pro- appointment. retary a report that contains a detailed viding training for State survey agencies ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— statement of the findings and conclusions of with an agreement in effect under section The Committee shall select a Chairperson the Committee, together with the rec- 1864 of the Social Security Act (42 U.S.C. and Vice Chairperson from among its mem- ommendations described in paragraph (3). 1395aa) or, in the case of States without such bers. ‘‘(e) DUTIES OF THE ASSISTANT SEC- an agency, work with the Administrator for ‘‘(c) INITIAL MEETING.—The Committee RETARY.—Not later than 180 days after re- the Centers for Medicare & Medicaid Serv- shall hold its first meeting not later than 9 ceiving the report described in subsection ices to improve the investigative processes months after the date of enactment of the (d)(4), the Assistant Secretary shall issue used by the center to address complaints by Strengthening Services for America’s Sen- regulations or guidance, taking into consid- residents of long-term care facilities)— iors Act. eration the recommendations described in ‘‘(i) for fiscal year 2012, not less than ‘‘(d) DUTIES OF THE COMMITTEE.— subsection (d)(3). $2,000,000; and ‘‘(1) DEFINITION.—In this subsection, the ‘‘(f) POWERS.— ‘‘(ii) for each subsequent fiscal year, not term ‘assistance activities’ includes— ‘‘(1) INFORMATION FROM FEDERAL AGEN- less than the sum of— ‘‘(A) legal assistance made available to CIES.—The Committee may secure directly ‘‘(I) $100,000; and older individuals in social or economic need from any Federal department or agency such ‘‘(II) the amount made available under this under this Act; information as the Committee considers nec- subparagraph for the fiscal year preceding ‘‘(B) activities of the National Legal Re- essary to carry out the provisions of this sec- the year for which the sum is determined;’’. source Center carried out under section tion. Upon request of the Committee, the (b) FUNCTIONS OF PROGRAM.— 420(a); head of such department or agency shall fur- (1) PRIVATE AND UNIMPEDED ACCESS TO OM- ‘‘(C) State legal assistance developer ac- nish such information to the Committee. BUDSMAN SERVICES.—Section 712(b)(1)(A) of tivities carried out under section 731; and ‘‘(2) POSTAL SERVICES.—The Committee the Older Americans Act of 1965 (42 U.S.C. ‘‘(D) any other directly related activity or may use the United States mails in the same 3058g(b)(1)(A)) is amended by striking ‘‘ac- program as determined appropriate by the manner and under the same conditions as cess’’ and inserting ‘‘private and unimpeded Assistant Secretary. other departments and agencies of the Fed- access’’. ‘‘(2) STUDY.— eral Government. (2) OMBUDSMAN DEVELOPMENT OF RESIDENT ‘‘(A) IN GENERAL.—The Committee shall de- ‘‘(g) PERSONNEL AND ADMINISTRATION.— AND FAMILY COUNCILS.—Section sign, implement, and analyze results of a ‘‘(1) TRAVEL EXPENSES.—The members of 712(a)(3)(H)(iii) of such Act (42 U.S.C. study of— the Committee shall not receive compensa- 3058g(a)(3)(H)(iii)) is amended by striking ‘‘(i) the extent to which State leadership is tion for the performance of services for the ‘‘provide technical support for’’ and insert- provided through the State legal assistance Committee, but shall be allowed travel ex- ing ‘‘actively encourage and assist in’’.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16876 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 (3) LOCAL ENTITY DEVELOPMENT OF RESI- Since the events of September 11, home from Iraq and Afghanistan. DENT AND FAMILY COUNCILS.—Section 2001, the men and women of the Mis- Undiagnosed illnesses, left untreated, 712(a)(5)(B)(vi) of such Act (42 U.S.C. souri National Guard have answered have long-lasting social, emotional and 3058g(a)(5)(B)(vi)) is amended by striking ‘‘support’’ and inserting ‘‘actively encourage the call of our Nation by volunteering financial impacts long after service and assist in’’. to go into harm’s way. Many of our sol- members are reintegrated into a com- (c) OMBUDSMAN AUTHORITY WITH RESPECT diers and airmen in the National Guard munity. Many Guardsmen and women TO HIPAA.—Section 712(b) of the Older have been deployed numerous times, today lack health insurance and go Americans Act of 1965 (42 U.S.C. 3058g(b)) is working and training side by side with without health care as well as behav- amended— our active duty members. As you can ioral health care. I thank Senator (1) in paragraph (1)(B)(i) by striking ‘‘the imagine, multiple deployments take a GILLIBRAND for introducing this legis- medical and social records of a’’ and insert- ing ‘‘all records concerning a’’; and toll on both our guardsmen and women lation and for working with me on the (2) by adding at the end the following: and their families. bill. ‘‘(3) For purposes of section 264(c) of the The Missouri National Guard is an I am also introducing the National Health Insurance Portability and Account- emergency response force for disasters Guard Employment Protection Act of ability Act of 1996 (including regulations readiness and relief. They have re- 2011 to amend the Uniformed Services issued under that section) (42 U.S.C. 1320d–2 sponded to a wide range of State and Employment and Reemployment note), the Ombudsman and a representative national emergencies including flood- of the Office shall be considered a ‘health Rights Act of 1994, USERRA, to author- oversight agency,’ so that release of resi- ing, tornadoes and even hurricanes on ize the Secretary of Defense to include dents’ individually identifiable health infor- the Gulf Coast. During the historic Full Time National Guard Duty for mation to the Ombudsman or representative floods this summer, the Missouri Guard possible exemption from the USERRA is not precluded in cases in which the re- had more than 600 guardsmen serving 5-year limit on service. These exemp- quirements of clause (i) or (ii) of paragraph 14 counties across Missouri to assist tions cover service during a time of (1)(B) are otherwise met.’’. with flood relief. After the devastating war or national emergency, support of (d) DISCLOSURE AND CONFIDENTIALITY.—Sec- tion 712(d) of the Older Americans Act of 1965 tornado in Joplin, MO, the 1–138 Infan- missions where others have been or- (42 U.S.C. 3058g(d)) is amended— try Regiment helped to remove debris dered to duty under an involuntary (1) in paragraph (1), by striking ‘‘files’’ and and assisted in gathering and provided call-up authority, and for other critical inserting ‘‘information’’; and information for those seeking local, missions or requirements. (2) in paragraph (2)— State and Federal resources. Members Usually, certain types of active duty (A) in the paragraph heading, by striking of 1139 Military Police Battalion helped service are exempted from the five- ‘‘IDENTITY OF COMPLAINANT OR RESIDENT’’ and to aid law enforcement officers with year reemployment limit under inserting ‘‘PROCEDURES’’; (B) in subparagraph (A)— traffic control and security. USERRA. However, the needs of today (i) by striking ‘‘files or records’’ the first As part of their Federal mission, have left our Guardsmen and women place it appears and inserting ‘‘information from 2008–2009 our Missouri National performing duties which are not cov- (including files or records)’’; and Guard deployed more than 1,000 citizen- ered under the USERRA, forcing Guard (ii) by striking ‘‘disclose’’ and all that fol- soldiers to Kosovo, and in 2009 we de- units to return to duty much sooner lows and inserting ‘‘disclose such informa- ployed 2,352 soldiers and 1,670 Airmen than usual. This, in turn, keeps service tion);’’; to support overseas contingency oper- members away for longer periods of (C) in subparagraph (B)— (i) in the matter preceding clause (i), by ations in Iraq and Afghanistan. Cur- time, often beyond the 5-year limit. striking ‘‘files or records’’ and inserting ‘‘in- rently 1,101 Missouri Guardsmen are When National Guardsmen and women formation’’; and deployed. After serving admirably in are working side by side with their Ac- (ii) in clause (iii), by striking the period their tours, our Guardsmen and women tive Duty counterparts supporting crit- and inserting ‘‘; and’’; and return home, yet they do not always ical active duty missions, they should (D) by adding at the end the following: receive the resources they need to pro- not be forced to decide between keep- ‘‘(C) require that the Ombudsman and each vide for themselves and their families. ing their civilian jobs and supporting representative of the Office hold in strict The National Guard Outreach Act of confidence all communications with individ- critical national security missions. uals seeking assistance under this Act, and 2011, introduced by Senator GILLI- At no time in America’s history has take all reasonable steps to safeguard the BRAND, will help to correct this defi- the National Guard played such a crit- confidentiality of information provided to ciency. ical role in the defense and security of the Ombudsman or a representative of the The active Army health plans only our homeland, both as partners with Office under this title by a complainant or cover service men and women for 6 our active forces and allies on the con- resident.’’. months after they have returned from tinuing War on Terror and as a critical their deployments. For many, this By Mr. BLUNT (for himself and component of homeland emergency time period is spent simply adjusting preparedness and disaster response. We Mrs. GILLIBRAND): back to civilian life. Studies show the S. 1823. A bill to amend title 38, must make sure all of our Nation’s he- real stress of combat and separation United States Code, to provide for em- roes can fulfill their missions without from one’s family takes its toll on our ployment and reemployment rights for worrying about supporting their fami- service members and their loved ones certain individuals ordered to full-time lies when returning home. National Guard duty, and for other for up to two years after they return As a Nation, we must honor our men purposes; to the Committee on Vet- home. Over the past several years, Con- and women in uniform, providing them erans’ Affairs. gress has extended the coverage for re- with the resources they need, both in Mr. BLUNT. Mr. President, I join turning National Guard soldiers with combat and when they return home to with my friend from New York to dis- money from Overseas Contingency Op- their families and civilian lives. This is cuss the needs of our National Guard. erations funding, better known around why I am proud to play a lead role in We are introducing two important here as supplementals. Since this fund- supporting the National Guard Em- pieces of legislation today that I be- ing is being normalized, I believe it’s ployment Protection Act of 2011 and lieve will help address those needs. important that we continue to provide the National Guard Outreach Act. I have always been a strong sup- for the needs of our returning citizen- porter of our brave men and women of soldiers. By Mr. WYDEN (for himself, Mr. the Missouri National Guard, who con- The National Guard Outreach Act of CARPER, and Mr. CASEY): tribute greatly to the safety and secu- 2011 would help to provide those re- S. 1826. A bill to provide for the avail- rity of our country. Those who serve or turning home with secure health serv- ability of self-employment assistance who have served deserve America’s ices, marriage and financial coun- to individuals receiving extended com- deepest respect and must receive the seling, substance abuse treatment and pensation or emergency unemployment resources they need when they come other services necessary to aid in a compensation; to the Committee on Fi- home. smooth transition for those returning nance.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16877 Mr. WYDEN. Mr. President, I rise percent of the unemployed to focus full two decades. Earlier this year, Pat today on behalf of myself, Senator time on starting their own business Sanderlin, who coordinates Oregon’s CARPER and Senator CASEY to intro- while drawing down their unemploy- program, conducted an informal ‘‘cen- duce the Startup Technical Assistance ment benefits in the form of self-em- sus’’ of enrollees since 2004. He found for Reemployment Training and Unem- ployment assistance. Anyone who has that 77 percent of businesses started by ployment Prevention Act of 2011, or the started a new business knows that get- SEA beneficiaries are still up and run- STARTUP Act. This bill would allow ting it off the ground is a full time job ning. According to Mr. Sanderlin, the unemployed Americans to use the un- in and of itself, and allowing would-be companies’ combined annual payroll employment insurance, UI, system to UI recipients to focus full-time on their totals $7,888,210. create jobs for themselves and for oth- new business vastly increases their Despite widespread support for self- ers. likelihood of success. Rather than rely employment and entrepreneurial pro- In too many cases, the current unem- on others to create jobs for them, self- grams, only a handful of states offer ployment assistance programs allow employment assistance allows deter- SEA, and those that do take advantage the experience and expertise of Amer- mined entrepreneurs to create jobs for of it typically administer benefits to a ica’s unemployed workers to sit on the themselves and others. small share of the unemployed. Only sidelines. The STARTUP Act promotes The President’s proposal in the about 2,400 Oregonians have used the an alternative approach that gives the American Jobs Act is a step in the program since its inception in 1995. unemployed the ability to start their right direction; it allows states to Though states currently have the op- own businesses and get in the game, quickly enter into an agreement with tion of taking advantage of self-em- self-employment assistance, SEA. the Department of Labor and allow the ployment assistance, the administra- In Oregon, we have got this program long-term unemployed, those on ex- tive costs to start a new program often up and running and think other states tended unemployment compensation, prevent them from doing so. Because should be encouraged to do the same. to draw down their UI benefits in the Federal law prevents self-employment By failing to take advantage of self- form of self-employment assistance. benefits from being paid out while an employment assistance, we are missing However, this does little to encourage individual is in a period of extended an opportunity to not only help cur- states to make self-employment assist- unemployment, the long-term unem- rently unemployed workers but also to ance a part of their permanent strat- ployed cannot take advantage of the help our economy grow and create egy. We must be more far-sighted. We program. more jobs. I know this program works, ought to provide states with a little as- The STARTUP Act encourages states its record in Oregon is strong and can sistance so that they can start self-em- to utilize self-employment assistance be found in letters and testimony from ployment programs of their own, not by: allowing the long-term unemployed individuals who have used the program. just for periods of extended unemploy- who remain eligible for regular or ex- tended unemployment benefits to draw Take, for example, software devel- ment compensation. opers Adam Lowry and Michael Rich- I want to be clear: this is no give- down those benefits in the form of self- ardson who joined the ranks of the un- away. In order to get this benefit, un- employment assistance; providing employed when the tech startup they employed workers have to meet the technical assistance and model lan- worked at went under in 2009. With lit- same wage and hour requirements as guage from the Department of Labor tle capital, they turned to Oregon’s they would to receive UI and they must for states that create new self-employ- ment programs; and providing financial self-employment assistance program prove they have a viable business plan. assistance to aid states in establishing, which allowed them to draw unemploy- The beneficiaries of self-employment implementing, improving and/or ad- ment benefits while they and two assistance really have something to ministering self-employment pro- friends launched the mobile software offer, they have solid work experience development company Urban Airship, grams. and solid ideas; and put into action, Self-employment benefits can serve which is now one of the best-known that combination can snowball into a as a guaranteed source of startup cap- technology startups to emerge in Or- successful business with multiple em- ital for businesses. And unlike tradi- egon in recent years. Just yesterday, ployees. tional unemployment insurance, work- Urban Airship announced $15.1 million There are 2.5 million micro busi- ers who successfully exit this program in strategic investment from nesses in the U.S., representing 88 per- by starting their own business can cre- Salesforce.com and Verizon, among cent of all businesses. They generate ate more new jobs as business expands. others. Last week an additional acqui- $2.4 trillion in receipts, account for 17 When unemployment is high and work- sition brought the company’s total percent of GDP, and employ more than ers face extended periods of jobless- payroll to 51 employees and an addi- 13 million people. If one out of every ness, this is exactly the type of pro- tional 22 open positions. At the root of three of these businesses hired just one gram we should embrace. Urban Airship’s success are four entre- additional employee, the U.S. economy I encourage my colleagues to support preneurial-minded individuals and a would achieve full employment. Ex- this legislation to expand self-employ- jump start from self-employment as- panding self-employment assistance ment assistance programs so that more sistance. helps us get there. unemployed workers have an oppor- Expanding self-employment assist- A study by the Department of Labor tunity to create jobs for themselves ance is a creative way to use the cur- found that self-employment partici- and for others. rent unemployment insurance struc- pants were 19 times more likely than ture to create new businesses and addi- eligible non-participants to be self-em- By Mr. KERRY: tional jobs beyond that of the imme- ployed at some point after being unem- S. 1828. A bill to increase small busi- diate beneficiary. We often talk about ployed. Moreover, they were four times ness lending, and for other purposes; to the benefits of small businesses in this more likely to obtain employment of the Committee on Small Business and country, yet our unemployment insur- any kind. The average cost to create Entrepreneurship. ance programs actually prevent aspir- each of those jobs is $3,350. According Mr. KERRY. Mr. President, once ing entrepreneurs from putting their to estimates from Princeton economist again, too many of our Nation’s small ideas to work. Under the unemploy- and former Federal Reserve Board Vice businesses are facing difficulty in gain- ment insurance systems in most states, Chairman Alan Blinder, it takes about ing access to capital. That is why if you stop looking for a job or you $93,000 worth of garden-variety fiscal today I am introducing the Increasing turn down a job, you lose your unem- stimulus to create an average job. It is Small Business Lending Act to in- ployment benefit even if you are work- not hard to see that job creation crease access to capital for our Na- ing to start your own business. States through SEA is an incredible bargain. tion’s small businesses to help them with active self-employment assistance This program has been creating jobs sustain and build their businesses, cre- programs, like Oregon, allow a small and businesses in Oregon for nearly ate jobs and expand our economy.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16878 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 In October 2008, markets froze. Credit continue the policies that we know The Empowering States’ Right to lines were cut. A lending gap was cre- work. By extending key provisions to Protect Consumers Act, which I am in- ated in the market. Even Small Busi- bolster access to capital, small busi- troducing today, would pick up where ness Administration guaranteed loans, nesses will have the assurance and sup- the Credit Card Act and Dodd-Frank that help reduce risk for lenders, were port they need to put their innovative left off by restoring to our 50 sovereign stalled. Congress stepped up and en- ideas into practice and get more Amer- States the power which they have prop- acted temporary measures to help fill icans back to work. erly had through the vast bulk of the the gaps in small business lending, sav- My legislation will complement the history of this Republic to protect ing nearly 90,000 small businesses. existing Small Business Lending Fund their home State consumers with lim- One such business is LazerCraze in that encourages lending to small busi- its on credit card and other loan inter- North Andover, Massachusetts that re- nesses through smaller community est rates. This is not a new power to ceived an SBA loan to expand to a sec- banks. Small businesses are the back- States. This is not a new principle or ond location and purchase state-of-the- bone of our economy and I ask all Sen- idea. This is the restoration of a his- art equipment that allowed them to ators to support job growth and small toric States right which was just elimi- hire an additional 37 full time employ- businesses by supporting this legisla- nated a few decades ago. ees. tion. When you and I were growing up, a SBA, administrator Karen Mills has credit card offer with a 20-percent or said that the previous temporary By Mr. WHITEHOUSE (for him- 30-percent interest rate might be some- changes to the SBA loan programs self, Mr. LEVIN, Mr. BEGICH, Mr. thing to bring to the attention of law were a success, ‘‘In short, it worked. FRANKEN, Mr. REED, Mr. DUR- enforcement. Such interest rates were We engineered a turnaround in SBA BIN, Mr. SANDERS. and Mr. illegal under most State laws. Today, lending even though conventional cred- MERKLEY): in contrast, credit card companies rou- it was, and still is to some extent, very S. 1829. A bill to amend the Truth in tinely charge rates of 30 percent or tight. Taxpayers got a big bang for the Lending Act to empower the States to more. We may not know, going through buck. With just over a billion dollars in set the maximum annual percentage our credit card agreement, that is total subsidy, we supported about $42 rates applicable to consumer credit where we are going to end up. They billion in lending. In fact, SBA had its transactions, and for other purposes; to may have a teaser rate up front that is highest-ever weekly loan volume the the Committee on Banking, Housing, a lower rate. But make one of those week before Christmas when we sup- and Urban Affairs. mistakes in that 20-page-long contract ported nearly 2 billion dollars in lend- Mr. WHITEHOUSE. Mr. President, I that is full of tricks and traps, and, ing, 10 billion total last quarter. Here was here last week in this Chamber to pow, there we are at 30 percent. is the headline: overall, that is nearly discuss a variety of areas in which the What happened between our child- 90,000 small businesses that are not sur- American people are not getting a hood when a 30-percent interest rate viving this recession, but growing and straight deal compared to special in- was something to bring to the atten- creating jobs. terests and folks who have a lot of tion of law enforcement, and now, Unfortunately, the temporary small power for themselves and their indus- when ordinary families are bedeviled business loan provisions ran out of tries in Washington. In that speech I with 30 percent interest rates on their funding in January 2011, ahead of the proposed a number of concrete steps we credit cards? Before 1978—which is for authorization which expired in March could take to help restore the balance the first 202 years of the American Re- 2011. Since then, small business lending of power in our Nation between ordi- public—each State had the ability to has declined, making it more difficult nary Americans on the one hand and enforce usury laws, interest rate limits for small businesses to create jobs and the giant corporations and special in- to protect their citizens. Our economy for our economy to emerge from our terests that give themselves special grew and flourished during those two economic downturn. deals and privileges that the American centuries, and lenders profited while The legislation I am introducing people do not share on the other hand. complying with the laws in effect today is similar to the Small Business Today I am here to introduce legisla- where they operated. Lending Market Stabilization Act, tion to take one of those steps; that is, Then came 1978 and a seemingly un- which I introduced in 2008 that was in- to protect ordinary consumers from eventful Supreme Court case. It was cluded in both the American Recovery runaway interest rates on credit cards little noticed at the time. It was de- and Reinvestment Act of 2009, P.L. 111– from Wall Street banks. This is some- cided in Marquette National Bank of 5, and extended in the Small Business thing that has gone unchecked for far Minneapolis v. First of Omaha Service jobs Act, P.L. 111–240. The Increasing too long. In the last Congress we Corporation. The Supreme Court had Small Business Lending, Act will passed two pieces of banking legisla- to decide what State’s law to apply eliminate for one year the fees for 7(a) tion. We passed the Credit Card Act, when the bank was domiciled in one and 504 Small Business Administration which ended some of the worst tricks State but the customer lived in a dif- loans and increase SBA loan guarantee and traps hidden in credit card con- ferent State. of 90 percent, policies that were started tracts, and we passed the Dodd-Frank The Court looked at the word ‘‘lo- as part of the American Recovery and Act, which restructured our system of cated’’ in the National Bank Act of Reinvestment Act and extended in the financial regulation and created a new 1863, and it decided it meant the loca- Small Business Jobs Act. agency to protect consumers from haz- tion of the bank and not the location of According to the SBA, total small ardous mortgages and credit cards. the customer. They did not get it right business loans outstanding, loans Regrettably, one particularly bad away, but it did not take long before under $1 million, actually declined dur- practice was not addressed in either of some big banks spotted the oppor- ing the first half of 2011 after the tem- those two pieces of legislation: the run- tunity. They could avoid interest rate porary provisions ended. Loans out- away credit card interest rates with restrictions by reorganizing as na- standing to small businesses at the end which families are too often burdened. tional banks and moving to States that of the second quarter totaled only $607 I will add it is not just families. I went had weak interest rate protections and billion, which is the slowest since the through Olneyville in Providence about comparatively weak consumer protec- economic downturn began in 2008. 2 weeks ago and spoke to a small busi- tions. The proverbial race to the bot- We can’t afford to have our economic ness owner who was having tough tom followed as a small handful of progress reversed by a decline in access times. His bank had pulled his line of States eliminated interest rate caps to capital for small businesses. Since credit, so he was having to fund his and degraded consumer protection in the increased guarantee and reduced business off his credit card, and they order to attract lucrative credit card fees have expired, our economic recov- had bumped up his credit card rate to— business and related tax revenue to ery could be impeded if we don’t act to you guessed it—30 percent. their States.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16879 That is why the credit card divisions I ask all of my colleagues for their (C) Mr. Tony LaRussa, Manager, St. Louis of major banks are based in just a few consideration and support. Cardinals. States and why consumers in other f f States are often denied protection from SENATE RESOLUTION 316—EX- outrageous interest rates and fees, SUBMITTED RESOLUTIONS PRESSING THE SENSE OF THE even though those outrageous interest rates and fees are against the law of SENATE REGARDING TUNISIA’S SENATE RESOLUTION 315—COM- the consumer’s home State. PEACEFUL JASMINE REVOLU- My bill would reinstate the historic MENDING THE ST. LOUIS CAR- TION longstanding powers of States to set DINALS ON THEIR HARD-FOUGHT Mr. LIEBERMAN (for himself, Mr. WORLD SERIES VICTORY interest rate caps that protect their MCCAIN, and Mr. KERRY) submitted the own citizens. Mrs. MCCASKILL (for herself and Mr. following resolution; which was re- Let me be clear about what this bill BLUNT) submitted the following resolu- ferred to the Committee on Foreign would not do. It would not prescribe or tion; which was considered and agreed Relations: recommend any interest rate caps nor to: S. RES. 316 would it impose any other lending limi- S. RES. 315 Whereas on January 14, 2011, a peaceful tations. It is pure States rights. It Whereas, on October 28, 2011, the St. Louis mass protest movement in Tunisia success- would restore to the States the power Cardinals won the 2011 World Series with a 6- fully brought to an end the authoritarian they enjoyed for over 200 years from 2 victory over the Texas Rangers in Game 7 rule of President Zine el-Abidine Ben Ali; the founding of the Republic: the power of the series at Busch Stadium in St. Louis, Whereas Tunisia’s peaceful ‘‘Jasmine Rev- to say enough, the power to say that 30 Missouri; olution’’ was the first of several movements percent or 50 percent or whatever the Whereas the Cardinals earned a postseason throughout the Middle East and North Afri- State deems appropriate should be the berth by clinching the National League Wild ca and inspired democracy and human rights limit on interest charged to their peo- Card on the last day of the regular season; activists throughout the region and around ple. Whereas the Cardinals defeated the heavily the world; favored and Milwaukee Whereas Tunisia, in the wake of Ben Ali’s The current system is not only unfair Brewers to advance to the World Series; resignation, began a transition to democracy to consumers, it is unfair to our local Whereas the Cardinals celebrated an in- that has been broadly inclusive, consensus- lenders and retailers who continue to credible come-from-behind victory in Game 6 based, and civilian-led; be bound by the laws of the State in of the World Series, which will long be re- Whereas on October 23, 2011, Tunisia con- which they are located. This is a spe- membered as one of the most dramatic ducted the first competitive, multi-party cial privilege for big national banks games in the history of the World Series; democratic election of the Arab Spring, that can move their offices to whatever Whereas Cardinals All-Star Albert Pujols which involved dozens of political parties State will give them the best deal in put on a historic hitting display in Game 3 of and hundreds of independent candidates com- terms of lousy consumer protection the World Series, with 5 hits, 3 home runs, peting for a 217-member National Con- and 6 runs batted in; stituent Assembly; and unlimited interest rates. A small Whereas Cardinals star pitcher Chris Car- Whereas more than 50 percent of all eligi- local lender has to play by the rules of penter started 3 games in the World Series, ble voters and nearly 90 percent of registered fair interest rates. Gigantic credit card allowing only 2 runs in Game 7 after only 3 voters participated in the October 23 elec- companies can avoid having any rules days of rest and earning the win in the deci- tion; at all. We need to level the playing sive game; Whereas Tunisia’s Independent Electoral field to eliminate this unfair and lucra- Whereas David Freese, a native of St. Commission welcomed and accredited a ro- tive advantage for Wall Street banks Louis, won the World Series Most Valuable bust domestic and international election ob- against our local credit unions and Player Award; server presence, including 3 independent del- other small lenders. Whereas Manager Tony LaRussa won his egations from the United States; When we pass this bill, States can second World Series title with the Cardinals, Whereas election observers have broadly his third overall, and remains one of only 2 praised the October 23 election as free, fair, dust off or reenact their usury stat- managers to win World Series titles as the and consistent with international standards; utes—most of which still limit interest manager of a National League and an Amer- Whereas roughly 25 percent of the seat in rates to 18 percent or less—and once ican League team; the National Constituent Assembly were won again begin protecting their consumers Whereas the Cardinals won the 11th World by women; from excessive interest rates. This is Series championship in the 129-year history Whereas the newly-elected National Con- the historic norm in our constitutional of the team; stituent Assembly is tasked with drafting a Republic. It is the 30-percent and over Whereas the Cardinals have won more new constitution to guide Tunisia’s transi- interest rates that are the recent World Series championships than any other tion towards a representative democracy anomaly that are the historic peculi- team in the National League; that reflects the aspirations of the Tunisian Whereas the Cardinals once again proved people; arity. We should go back to the his- to be an organization of great character, Whereas the Jasmine Revolution was toric States rights norm, the way the dedication, and heart, a reflection of the city largely a reaction to long-accumulated eco- Founding Fathers saw things under the of St. Louis and the State of Missouri; and nomic grievances, ongoing high unemploy- doctrine of federalism and close this Whereas the St. Louis Cardinals are the ment and poor economic conditions sustain modern bureaucratic loophole that al- 2011 World Series champions: Now, therefore, the potential to drive future political protes- lows big Wall Street banks a special be it tations; deal to gouge our constituents. Resolved, That the Senate— Whereas the United States and Tunisia As I close, I thank Senators LEVIN, (1) commends the St. Louis Cardinals on have enjoyed friendly relations for more their 2011 World Series title and outstanding than 200 years; and DURBIN, BEGICH, FRANKEN, REED of Rhode Island—most significantly my performance during the 2011 Major League Whereas the United States was among the Baseball season; first countries to recognize Tunisian inde- senior Senator—SANDERS, and (2) recognizes the achievement of the play- pendence in 1956: MERKLEY for their cosponsorship of ers, coaches, management, and support staff, Now, therefore, be it this bill. In the past, similar legisla- whose dedication and resiliency made vic- Resolved, That the Senate— tion has garnered bipartisan support. It tory possible; (1) congratulates the people of Tunisia for did so as an amendment to Dodd- (3) congratulates the city of St. Louis, Mis- holding, on October 23, 2011, the first com- Frank, and I hope my Republican col- souri, and St. Louis Cardinals fans every- petitive, multi-party democratic elections leagues will consider giving this bill a where; and since the outbreak of popular revolutions close look and join with us. This is (4) respectfully requests the Secretary of throughout the Middle East and North Afri- the Senate to transmit an enrolled copy of ca in 2011; purely an issue of restoring the balance this resolution to— (2) commends the Tunisian independent of power to the States and to the peo- (A) the Honorable Francis Slay, Mayor of electoral commission for— ple of those States as voters—fed- the city of St. Louis, Missouri; (A) successfully conducting a free, fair, eralism, something I know many Re- (B) Mr. William Dewitt, President, St. transparent, and credible election on October publicans support in other contexts. Louis Cardinals; and 23, 2011; and

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16880 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 (B) welcoming independent international launched Operation Odyssey Dawn in Libya justice and human rights, particularly with and domestic election observers and granting on March 19, 2011, to protect civilians in respect to detainees, individuals associated them unrestricted access to polling and Libya from immediate danger and enforce an or suspected of association with the Qaddafi counting stations; arms embargo and a ‘‘no-fly zone’’, which regime, internally displaced persons, refu- (3) congratulates all newly-elected mem- was transferred on March 31, 2011 to NATO gees, third-country nationals, and other vul- bers, and the parties with which they are af- command, with the mission continuing as nerable communities; filiated, of the National Democratic Con- Operation Unified Protector; (D) begin a process of national reconcili- stituent Assembly; Whereas the National Transitional Council ation and accountability for human rights (4) affirms the national interest of the of Libya— , abuses committed by all parties, including United States in a successful and irreversible (1) formally convened in Benghazi on any committed by forces fighting against the transition to democracy in Tunisia, includ- March 5, 2011 for the first time in support of Qaddafi regime; and ing— the February 17 Revolution; (E) work closely with the Organization for (A) respect for the rule of law; (2) formed an executive body on March 23, the Prohibition of Chemical Weapons and the (B) independent media; 2011; and International Atomic Energy Agency to (C) a vibrant civil society; and (3) was recognized by the United States as eliminate remaining stockpiles of chemical (D) universal rights and freedoms, includ- the ‘‘legitimate governing authority for weapon agents and secure existing nuclear ing equal rights for all citizens, freedom of Libya’’ on July 15, 2011; materials and facilities. speech, and human rights; Whereas the military offensive of forces f (5) affirms the national interest of the loyal to the National Transitional Council United States in Tunisia’s economic pros- against Qaddafi loyalists accelerated in June AMENDMENTS SUBMITTED AND perity and development, including through and July, and the Libyan capital, Tripoli, PROPOSED increased foreign direct investment, tour- was declared liberated in August 2011; ism, entrepreneurship, technical coopera- Whereas the United Nations Security SA 925. Mr. MCCAIN (for himself, Mr. tion, and strengthened trade ties; Council passed Resolution 2009 on September ROCKEFELLER, Mr. JOHANNS, Mr. BARRASSO, (6) urges increased United States engage- 16, 2011, creating the United Nations Support Mr. ENZI, and Ms. MURKOWSKI) submitted an ment and cooperation with the Tunisian gov- Mission in Libya (UNSMIL) to support Liby- amendment intended to be proposed by him ernment and people, including— an national efforts to secure the country’s to the bill H.R. 674, to amend the Internal (A) Tunisia’s democratic institutions; political and economic transition; Revenue Code of 1986 to repeal the imposi- (B) civil society; Whereas on October 23, 2011, the National tion of 3 percent withholding on certain pay- (C) schools and universities; Transitional Council issued an historic Dec- ments made to vendors by government enti- (D) independent media; and laration of Liberation for Libya; and ties, to modify the calculation of modified (E) the private sector; and Whereas on October 27, 2011, the United Na- adjusted gross income for purposes of deter- (7) reaffirms the unwavering friendship be- tions Security Council unanimously passed mining eligibility for certain healthcare-re- tween the people of the United States and Resolution 2016, which ended the mandate es- lated programs, and for other purposes; the people of Tunisia. tablished by United Nations Security Coun- which was ordered to lie on the table. SA 926. Mr. THUNE submitted an amend- f cil Resolution 1973 for international military intervention to protect Libyan citizens on ment intended to be proposed by him to the SENATE RESOLUTION 317—EX- October 31, 2011; bill H.R. 674, supra; which was ordered to lie PRESSING THE SENSE OF THE Whereas on October 28, 2011, NATO an- on the table. SENATE REGARDING THE LIB- nounced that Operation Unified Protector SA 927. Mr. REID (for Mr. TESTER (for him- ERATION OF LIBYA FROM THE would end on October 31, 2011: self, Mrs. MURRAY, Mr. BAUCUS, Ms. STABE- NOW, Mr. BROWN of Ohio, Mr. REID, Mr. DICTATORSHIP LED BY MUAM- Now, therefore, be it AKAKA, Ms. CANTWELL, Mr. LEAHY, Mr. MAR QADDAFI Resolved, That the Senate— (1) congratulates the people of Libya for CASEY, Mr. COONS, Mr. MENENDEZ, Mr. Mr. KERRY (for himself, Mr. MCCAIN, their tremendous courage and extraordinary KERRY, Mr. LAUTENBERG, Mr. MERKLEY, Mr. and Mr. LIEBERMAN) submitted the fol- resilience in liberating themselves from the SANDERS, Mrs. SHAHEEN, Mr. BENNET, Mr. lowing resolution; which was referred despotic regime of Muammar Qaddafi; WEBB, Mr. BEGICH, Ms. LANDRIEU, Mr. SCHU- (2) commends the men and women of the MER, and Mr. BROWN of Massachusetts)) pro- to the Committee on Foreign Rela- posed an amendment to the bill H.R. 674, tions: United States Armed Forces and their coali- tion partners who engaged in military oper- supra. S. RES. 317 ations to protect the people of Libya for SA 928. Mr. MCCAIN (for himself, Mr. BAR- Whereas peaceful demonstrations, which their extraordinary bravery and profes- RASSO, Mr. BLUNT, Mr. BOOZMAN, Mr. BURR, began in Libya on February 17, 2011, and sionalism; Mr. CHAMBLISS, Mr . COATS, Mr. COCHRAN, were inspired by similar movements in Tuni- (3) supports the legitimate aspirations of Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. sia, Egypt, and elsewhere in the Middle East, the people of Libya to form a democratic ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr. quickly spread to cities throughout Libya government that respects universal human HATCH, Mr. HELLER, Mr. HOEVEN, Mrs. and were met with military force by the gov- rights and freedoms, and allows Libyans to HUTCHISON, Mr. INHOFE, Mr. ISAKSON, Mr. ernment of Muammar Qaddafi, including the build their lives free from fear; JOHANNS, Mr. JOHNSON of Wisconsin, Mr. use of air power and foreign mercenaries; (4) welcomes the October 23, 2011 Libyan KIRK, Mr. LEE, Mr. LUGAR, Mr. MCCONNELL, Whereas Qaddafi stated that he would show Declaration of Liberation by the National Mr. MORAN, Mr. PAUL, Mr. PORTMAN, Mr. ‘‘no mercy’’ to his opponents in Benghazi, Transitional Council; RISCH, Mr. ROBERTS, Mr. RUBIO, Mr. SES- and that his forces would go ‘‘door-to-door’’ (5) affirms the national interest of the SIONS, Mr. SHELBY, Mr. THUNE, Mr. TOOMEY, to find and kill dissidents; United States in a successful and irreversible Mr. VITTER, and Mr. WICKER) submitted an Whereas in response to Qaddafi’s assault transition to democracy in Libya, includ- amendment intended to be proposed to on civilians in Libya, a ‘‘no-fly zone’’ in ing— amendment SA 927 proposed by Mr. REID (for Libya was called for by— (A) respect for the rule of law; Mr. TESTER (for himself, Mrs. MURRAY, Mr. (1) the Gulf Cooperation Council on March (B) independent media; BAUCUS, Ms. STABENOW, Mr. BROWN of Ohio, 7, 2011; (C) a vibrant civil society; and Mr. REID, Mr. AKAKA, Ms. CANTWELL, Mr. (2) the Secretary-General of the Organiza- (D) universal rights and freedoms, includ- LEAHY, Mr. CASEY, Mr. COONS, Mr. MENEN- tion of the Islamic Conference on March 8, ing equal rights for all citizens, freedom of DEZ, Mr. KERRY, Mr. LAUTENBERG, Mr. 2011; and speech, and human rights; and MERKLEY, Mr. SANDERS, Mrs. SHAHEEN, Mr. (3) the Arab League on March 12, 2011; (6) urges the swift establishment of a new BENNET, Mr. WEBB, Mr. BEGICH, Ms. LAN- Whereas the United Nations Security interim transitional authority in Libya that DRIEU, Mr. SCHUMER, and Mr. BROWN of Mas- Council passed— is broadly inclusive and representative of the sachusetts)) to the bill H.R. 674, supra; which (1) Resolution 1970 on February 26, 2011, Libyan people and will— was ordered to lie on the table. which mandated international economic (A) prepare for elections that are free, fair, f sanctions and an arms embargo; and transparent, credible, and meet inter- (2) Resolution 1973 on March 17, 2011, which national electoral standards, working with TEXT OF AMENDMENTS authorized United Nations member states to relevant international actors, including the Mr. MCCAIN (for himself, Mr. take ‘‘all necessary measures’’ to protect ci- United Nations; SA 925. vilians in Libya and to implement a ‘‘no-fly (B) restore public security and promote the ROCKEFELLER, Mr. JOHANNS, Mr. BAR- zone’’; rule of law; RASSO, Mr. ENZI, and Ms. MURKOWSKI) Whereas the United States Armed Forces, (C) promote and ensure compliance submitted an amendment intended to in cooperation with coalition partners, throughout Libya of international norms of be proposed by him to the bill H.R. 674,

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16881 to amend the Internal Revenue Code of Code of 1986 to repeal the imposition of 38, United States Code, or chapter 1606 or 1986 to repeal the imposition of 3 per- 3 percent withholding on certain pay- 1607 of title 10, United States Code; cent withholding on certain payments ments made to vendors by government (E) is not in receipt of compensation for a made to vendors by government enti- entities, to modify the calculation of service-connected disability rated totally disabling by reason of unemployability; ties, to modify the calculation of modi- modified adjusted gross income for pur- (F) was not and is not enrolled in any Fed- fied adjusted gross income for purposes poses of determining eligibility for cer- eral or State job training program at any of determining eligibility for certain tain healthcare-related programs, and time during the 180-day period ending on the healthcare-related programs, and for for other purposes; as follows: date of the submittal of the application for other purposes; which was ordered to Strike title II and insert the following: assistance under this section; and (G) by not later than October 1, 2013, sub- lie on the table; as follows: TITLE II—VOW TO HIRE HEROES mits to the Secretary of Labor an applica- At the appropriate place, insert the fol- SEC. 201. SHORT TITLE. tion for assistance under this section con- lowing: This title may be cited as the ‘‘VOW to taining such information and assurances as SEC. ll. LIMITATION ON EXECUTIVE COM- Hire Heroes Act of 2011’’. that Secretary may require. PENSATION. Subtitle A—Retraining Veterans (2) DETERMINATION OF ELIGIBILITY.— Notwithstanding any other provision of (A) DETERMINATION BY SECRETARY OF law, none of the funds appropriated or other- SEC. 211. VETERANS RETRAINING ASSISTANCE PROGRAM. LABOR.— wise made available by this or any other Act (a) PROGRAM AUTHORIZED.— (i) IN GENERAL.—For each application for may be used to pay compensation for senior (1) IN GENERAL.—Not later than July 1, assistance under this section received by the executives at the Federal National Mortgage 2012, the Secretary of Veterans Affairs shall, Secretary of Labor from an applicant, the Association or Federal Home Loan Mortgage in collaboration with the Secretary of Labor, Secretary of Labor shall determine whether Corporation in the form of bonuses, during establish and commence a program of re- the applicant is eligible for such assistance any period of conservatorship for those enti- training assistance for eligible veterans. under subparagraphs (A), (C), (F), and (G) of ties on or after the date of enactment of this (2) NUMBER OF ELIGIBLE VETERANS.—The paragraph (1). Act. number of unique eligible veterans who par- (ii) REFERRAL TO SECRETARY OF VETERANS AFFAIRS.—If the Secretary of Labor deter- SA 926. Mr. THUNE submitted an ticipate in the program established under paragraph (1) may not exceed— mines under clause (i) that an applicant is amendment intended to be proposed by (A) 45,000 during fiscal year 2012; and eligible for assistance under this section, the him to the bill H.R. 674, to amend the (B) 54,000 during the period beginning Octo- Secretary of Labor shall forward the applica- Internal Revenue Code of 1986 to repeal ber 1, 2012, and ending March 31, 2014. tion of such applicant to the Secretary of the imposition of 3 percent withholding (b) RETRAINING ASSISTANCE.—Except as Veterans Affairs in accordance with the on certain payments made to vendors provided by subsection (k), each veteran who terms of the agreement required by sub- by government entities, to modify the participates in the program established section (h). calculation of modified adjusted gross under subsection (a)(1) shall be entitled to up (B) DETERMINATION BY SECRETARY OF VET- ERANS AFFAIRS.—For each application relat- income for purposes of determining eli- to 12 months of retraining assistance pro- vided by the Secretary of Veterans Affairs. ing to an applicant received by the Secretary gibility for certain healthcare-related Such retraining assistance may only be used of Veterans Affairs under subparagraph programs, and for other purposes; by the veteran to pursue a program of edu- (A)(ii), the Secretary of Veterans Affairs which was ordered to lie on the table; cation (as such term is defined in section shall determine under subparagraphs (B), as follows: 3452(b) of title 38, United States Code) for (D), and (E) of paragraph (1) whether such At the end, add the following: training, on a full-time basis, that— applicant is eligible for assistance under this TITLE l—REPEAL OF CLASS PROGRAM (1) is approved under chapter 36 of such section. title; (f) EMPLOYMENT ASSISTANCE.—For each SEC. l. REPEAL OF CLASS PROGRAM. (2) is offered by a community college or veteran who participates in the program es- (a) REPEAL.—Title XXXII of the Public technical school; tablished under subsection (a)(1), the Sec- Health Service Act (42 U.S.C. 300ll et seq.; re- (3) leads to an associate degree or a certifi- retary of Labor shall contact such veteran lating to the CLASS program) is repealed. cate (or other similar evidence of the com- not later than 30 days after the date on (b) CONFORMING CHANGES.— pletion of the program of education or train- which the veteran completes, or terminates (1) Title VIII of the Patient Protection and ing); participation in, such program to facilitate Affordable Care Act (Public Law 111–148; 124 (4) is designed to provide training for a employment of such veteran and availability Stat. 119, 846–847) is repealed. high-demand occupation, as determined by or provision of employment placement serv- (2) Section 1902(a) of the Social Security the Commissioner of Labor Statistics; and ices to such veteran. Act (42 U.S.C. 1396a(a)) is amended— (5) begins on or after July 1, 2012. (g) CHARGING OF ASSISTANCE AGAINST (A) by striking paragraphs (81) and (82); (c) MONTHLY CERTIFICATION.—Each veteran OTHER ENTITLEMENT.—Assistance provided (B) in paragraph (80), by inserting ‘‘and’’ at who participates in the program established under this section shall be counted against the end; and under subsection (a)(1) shall certify to the the aggregate period for which section 3695 of (C) by redesignating paragraph (83) as para- Secretary of Veterans Affairs the enrollment title 38, United States Code, limits the indi- graph (81). of the veteran in a program of education de- vidual’s receipt of educational assistance (3) Paragraphs (2) and (3) of section 6021(d) scribed in subsection (b) for each month in under laws administered by the Secretary of of the Deficit Reduction Act of 2005 (42 which the veteran participates in the pro- Veterans Affairs. U.S.C. 1396p note) are amended to read as gram. (h) JOINT AGREEMENT.— such paragraphs were in effect on the day be- (d) AMOUNT OF ASSISTANCE.—The monthly (1) IN GENERAL.—The Secretary of Veterans fore the date of the enactment of section amount of the retraining assistance payable Affairs and the Secretary of Labor shall 8002(d) of the Patient Protection and Afford- under this section is the amount in effect enter into an agreement to carry out this able Care Act (Public Law 111–148). Of the under section 3015(a)(1) of title 38, United section. funds appropriated by paragraph (3) of such States Code. (2) APPEALS PROCESS.—The agreement re- section 6021(d), as amended by the Patient (e) ELIGIBILITY.— quired by paragraph (1) shall include estab- Protection and Affordable Care Act, the un- (1) IN GENERAL.—For purposes of this sec- lishment of a process for resolving disputes obligated balance is rescinded. tion, an eligible veteran is a veteran who— relating to and appeals of decisions of the (A) as of the date of the submittal of the Secretaries under subsection (e)(2). ESTER SA 927. Mr. REID (for Mr. T , application for assistance under this section, (i) REPORT.— (for himself, Mrs. MURRAY, Mr. BAUCUS, is at least 35 years of age but not more than (1) IN GENERAL.—Not later than July 1, Ms. STABENOW, Mr. BROWN of Ohio, Mr. 60 years of age; 2014, the Secretary of Veterans Affairs shall, REID, Mr. AKAKA, Ms. CANTWELL, Mr. (B) was last discharged from active duty in collaboration with the Secretary of Labor, LEAHY, Mr. CASEY, Mr. COONS, Mr. service in the Armed Forces under condi- submit to the appropriate committees of MENENDEZ, Mr. KERRY, Mr. LAUTEN- tions other than dishonorable; Congress a report on the retraining assist- BERG, Mr. MERKLEY, Mr. SANDERS, Mrs. (C) as of the date of the submittal of the ance provided under this section. application for assistance under this section, (2) ELEMENTS.—The report required by SHAHEEN, Mr. BENNET, Mr. WEBB, Mr. is unemployed; paragraph (1) shall include the following: BEGICH, Ms. LANDRIEU, Mr. SCHUMER, (D) as of the date of the submittal of the (A) The total number of— and Mr. BROWN, of Massachusetts)) pro- application for assistance under this section, (i) eligible veterans who participated; and posed an amendment to the bill H.R. is not eligible to receive educational assist- (ii) associates degrees or certificates 674, to amend the Internal Revenue ance under chapter 30, 31, 32, 33, or 35 of title awarded (or other similar evidence of the

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16882 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 completion of the program of education or Defense and the Secretary of Veterans Af- ized assessment provided a member under training earned). fairs, enter into a contract with a qualified subsection (a) available electronically to the (B) Data related to the employment status organization to conduct a study to identify Secretary of Veterans Affairs and the Sec- of eligible veterans who participated. any equivalences between the skills devel- retary of Labor. (j) FUNDING.—Payments under this section oped by members of the Armed Forces (2) USE IN ASSISTANCE.—The Secretary of shall be made from amounts appropriated to through various military occupational spe- Veterans Affairs and the Secretary of Labor or otherwise made available to the Depart- cialties (MOS), successful completion of resi- may use an individualized assessment with ment of Veterans Affairs for the payment of dent training courses, attaining various respect to an individual under paragraph (1) readjustment benefits. Not more than military ranks or rates, or other military ex- for employment-related assistance in the $2,000,000 shall be made available from such periences and the qualifications required for transition from military service to civilian amounts for information technology ex- various positions of civilian employment in life provided the individual by such Sec- penses (not including personnel costs) associ- the private sector. retary and to otherwise facilitate and en- ated with the administration of the program (2) COOPERATION OF FEDERAL AGENCIES.— hance the transition of the individual from established under subsection (a)(1). The departments and agencies of the Federal military service to civilian life. (k) TERMINATION OF AUTHORITY.—The au- Government, including the Office of Per- (e) EFFECTIVE DATE.—This section shall thority to make payments under this section sonnel Management, the General Services take effect on the date that is one year after shall terminate on March 31, 2014. Administration, the Government Account- the date of the enactment of this Act. (l) APPROPRIATE COMMITTEES OF CONGRESS ability Office, the Department of Education, SEC. 223. TRANSITION ASSISTANCE PROGRAM DEFINED.—In this section, the term ‘‘appro- and other appropriate departments and agen- CONTRACTING. priate committees of Congress’’ means— cies, shall cooperate with the contractor (a) TRANSITION ASSISTANCE PROGRAM CON- (1) the Committee on Veterans’ Affairs and under paragraph (1) to conduct the study re- TRACTING.— the Committee on Health, Education, Labor, quired under that paragraph. (1) IN GENERAL.—Section 4113 of title 38, and Pension of the Senate; and United States Code, is amended to read as (3) REPORT.—Upon completion of the study (2) the Committee on Veterans’ Affairs and conducted under paragraph (1), the con- follows: the Committee on Education and the Work- tractor under that paragraph shall submit to ‘‘§ 4113. Transition Assistance Program per- force of the House of Representatives. the Secretary of Defense, the Secretary of sonnel Subtitle B—Improving the Transition Veterans Affairs, and the Secretary of Labor ‘‘(a) REQUIREMENT TO CONTRACT.—In ac- Assistance Program a report setting forth the results of the cordance with section 1144 of title 10, the SEC. 221. MANDATORY PARTICIPATION OF MEM- study. The report shall include such informa- Secretary shall enter into a contract with an BERS OF THE ARMED FORCES IN tion as the Secretaries shall specify in the appropriate private entity or entities to pro- THE TRANSITION ASSISTANCE PRO- contract under paragraph (1) for purposes of vide the functions described in subsection (b) GRAM OF DEPARTMENT OF DE- this section. at all locations where the program described FENSE. (4) TRANSMITTAL TO CONGRESS.—The Sec- in such section is carried out. (a) IN GENERAL.—Subsection (c) of section retary of Labor shall transmit to the appro- ‘‘(b) FUNCTIONS.—Contractors under sub- 1144 of title 10, United States Code, is amend- section (a) shall provide to members of the ed to read as follows: priate committees of Congress the report submitted under paragraph (3), together with Armed Forces who are being separated from ‘‘(c) PARTICIPATION.—(1) Except as provided active duty (and the spouses of such mem- such comments on the report as the Sec- in paragraph (2), the Secretary of Defense bers) the services described in section retary considers appropriate. and the Secretary of Homeland Security 1144(a)(1) of title 10, including the following: (5) APPROPRIATE COMMITTEES OF CONGRESS shall require the participation in the pro- ‘‘(1) Counseling. DEFINED.—In this subsection, the term ‘‘ap- gram carried out under this section of the ‘‘(2) Assistance in identifying employment propriate committees of Congress’’ means— members eligible for assistance under the and training opportunities and help in ob- (A) the Committee on Veterans’ Affairs, program. taining such employment and training. the Committee on Armed Services, and the ‘‘(2) The Secretary of Defense and the Sec- ‘‘(3) Assessment of academic preparation Committee on Health, Education, Labor, and retary of Homeland Security may, under reg- for enrollment in an institution of higher Pension of the Senate; and ulations such Secretaries shall prescribe, learning or occupational training. (B) the Committee on Veterans’ Affairs, waive the participation requirement of para- ‘‘(4) Other related information and services the Committee on Armed Services, and the graph (1) with respect to— under such section. Committee on Education and the Workforce ‘‘(A) such groups or classifications of mem- ‘‘(5) Such other services as the Secretary of the House of Representatives. bers as the Secretaries determine, after con- considers appropriate.’’. sultation with the Secretary of Labor and (b) PUBLICATION.—The secretaries described in subsection (a)(1) shall ensure that the (2) CLERICAL AMENDMENT.—The table of the Secretary of Veterans Affairs, for whom sections at the beginning of chapter 41 of participation is not and would not be of as- equivalences identified under subsection (a)(1) are— title 38, United States Code, is amended by sistance to such members based on the Sec- striking the item relating to section 4113 and retaries’ articulable justification that there (1) made publicly available on an Internet website; and inserting the following new item: is extraordinarily high reason to believe the ‘‘4113. Transition Assistance Program per- exempted members are unlikely to face (2) regularly updated to reflect the most recent findings of the secretaries with re- sonnel.’’. major readjustment, health care, employ- (b) DEADLINE FOR IMPLEMENTATION.—The ment, or other challenges associated with spect to such equivalences. (c) INDIVIDUALIZED ASSESSMENT OF CIVILIAN Secretary of Labor shall enter into the con- transition to civilian life; and POSITIONS AVAILABLE THROUGH MILITARY EX- tract required by section 4113 of title 38, ‘‘(B) individual members possessing spe- PERIENCES.—The Secretary of Defense shall United States Code, as added by subsection cialized skills who, due to unavoidable cir- ensure that each member of the Armed (a), not later than two years after the date of cumstances, are needed to support a unit’s Forces who is participating in the Transition the enactment of this Act. imminent deployment.’’. Assistance Program (TAP) of the Depart- SEC. 224. CONTRACTS WITH PRIVATE ENTITIES (b) REQUIRED USE OF EMPLOYMENT ASSIST- ment of Defense receives, as part of such TO ASSIST IN CARRYING OUT TRAN- ANCE, JOB TRAINING ASSISTANCE, AND OTHER member’s participation in that program, an SITION ASSISTANCE PROGRAM OF TRANSITIONAL SERVICES IN PRESEPARATION individualized assessment of the various po- DEPARTMENT OF DEFENSE. COUNSELING.—Section 1142(a)(2) of such title sitions of civilian employment in the private Section 1144(d) of title 10, United States is amended by striking ‘‘may’’ and inserting sector for which such member may be quali- Code, is amended— ‘‘shall’’. fied as a result of the skills developed by (1) in paragraph (5), by striking ‘‘public or (c) EFFECTIVE DATE.—The amendments such member through various military occu- private entities; and’’ and inserting ‘‘public made by subsections (a) and (b) shall take ef- pational specialties (MOS), successful com- entities;’’; fect on the date that is 1 year after the date pletion of resident training courses, attain- (2) by redesignating paragraph (6) as para- of the enactment of this Act. ing various military ranks or rates, or other graph (7); and SEC. 222. INDIVIDUALIZED ASSESSMENT FOR military experiences. The assessment shall (3) by inserting after paragraph (5), the fol- MEMBERS OF THE ARMED FORCES be performed using the results of the study lowing new paragraph (6): UNDER TRANSITION ASSISTANCE ON conducted under subsection (a) and such ‘‘(6) enter into contracts with private enti- EQUIVALENCE BETWEEN SKILLS DE- ties, particularly with qualified private enti- VELOPED IN MILITARY OCCUPA- other information as the Secretary of De- TIONAL SPECIALTIES AND QUALI- fense, in consultation with the Secretary of ties that have experience with instructing FICATIONS REQUIRED FOR CIVILIAN Veterans Affairs and the Secretary of Labor, members of the armed forces eligible for as- EMPLOYMENT WITH THE PRIVATE considers appropriate for that purpose. sistance under the program carried out SECTOR. (d) FURTHER USE IN EMPLOYMENT-RELATED under this section on— (a) STUDY ON EQUIVALENCE REQUIRED.— TRANSITION ASSISTANCE.— ‘‘(A) private sector culture, resume writ- (1) IN GENERAL.—The Secretary of Labor (1) TRANSMITTAL OF ASSESSMENT.—The Sec- ing, career networking, and training on job shall, in consultation with the Secretary of retary of Defense shall make the individual- search technologies;

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16883 ‘‘(B) academic readiness and educational ‘‘(A) the person is described by paragraph (2) submit to Congress a report on the find- opportunities; or (1) or (2) of subsection (a); and ings of the Comptroller General with respect ‘‘(C) other relevant topics; and’’. ‘‘(B) the person— to the review and any recommendations of SEC. 225. IMPROVED ACCESS TO APPRENTICE- ‘‘(i) has exhausted all rights to regular the Comptroller General for improving such SHIP PROGRAMS FOR MEMBERS OF compensation under the State law or under training and rehabilitation. THE ARMED FORCES WHO ARE Federal law with respect to a benefit year; SEC. 234. COLLABORATIVE VETERANS’ TRAINING, BEING SEPARATED FROM ACTIVE ‘‘(ii) has no rights to regular compensation MENTORING, AND PLACEMENT PRO- DUTY OR RETIRED. with respect to a week under such State or GRAM. Section 1144 of title 10, United States Code, Federal law; and (a) IN GENERAL.—Chapter 41 of title 38, is amended by adding at the end the fol- ‘‘(iii) is not receiving compensation with United States Code, is amended by inserting lowing new subsection: respect to such week under the unemploy- after section 4104 the following new section: ‘‘(e) PARTICIPATION IN APPRENTICESHIP PRO- ment compensation law of Canada; and ‘‘§ 4104A. Collaborative veterans’ training, GRAMS.—As part of the program carried out ‘‘(C) begins such additional rehabilitation mentoring, and placement program under this section, the Secretary of Defense program within six months of the date of ‘‘(a) GRANTS.—The Secretary shall award and the Secretary of Homeland Security may such exhaustion. grants to eligible nonprofit organizations to permit a member of the armed forces eligible ‘‘(2) For purposes of paragraph (1)(B)(i), a provide training and mentoring for eligible for assistance under the program to partici- person shall be considered to have exhausted veterans who seek employment. The Sec- pate in an apprenticeship program registered such person’s rights to regular compensation retary shall award the grants to not more under the Act of August 16, 1937 (commonly under a State law when— than three organizations, for periods of two known as the ‘National Apprenticeship Act’; ‘‘(A) no payments of regular compensation years. 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), can be made under such law because such ‘‘(b) COLLABORATION AND FACILITATION.— or a pre-apprenticeship program that pro- person has received all regular compensation The Secretary shall ensure that the recipi- vides credit toward a program registered available to such person based on employ- ents of the grants— under such Act, that provides members of ment or wages during such person’s base pe- ‘‘(1) collaborate with— the armed forces with the education, train- riod; or ‘‘(A) the appropriate disabled veterans’ ing, and services necessary to transition to ‘‘(B) such person’s rights to such com- outreach specialists (in carrying out the meaningful employment that leads to eco- pensation have been terminated by reason of functions described in section 4103A(a)) and nomic self-sufficiency.’’. the expiration of the benefit year with re- the appropriate local veterans’ employment SEC. 226. COMPTROLLER GENERAL REVIEW. spect to which such rights existed. representatives (in carrying out the func- Not later than two years after the date of ‘‘(3) In this subsection, the terms ‘com- tions described in section 4104); and the enactment of this Act, the Comptroller pensation’, ‘regular compensation’, ‘benefit ‘‘(B) the appropriate State boards and local General of the United States shall conduct a year’, ‘State’, ‘State law’, and ‘week’ have boards (as such terms are defined in section review of the Transition Assistance Program the respective meanings given such terms 101 of the Workforce Investment Act of 1998 (TAP) and submit to Congress a report on under section 205 of the Federal-State Ex- (29 U.S.C. 2801)) for the areas to be served by the results of the review and any rec- tended Unemployment Compensation Act of recipients of the grants; and ommendations of the Comptroller General 1970 (26 U.S.C. 3304 note). ‘‘(2) based on the collaboration, facilitate for improving the program. ‘‘(4) No person shall be entitled to an addi- the placement of the veterans that complete the training in meaningful employment that Subtitle C—Improving the Transition of tional rehabilitation program under para- leads to economic self-sufficiency. Veterans to Civilian Employment graph (1) from whom the Secretary receives an application therefor after March 31, ‘‘(c) APPLICATION.—To be eligible to receive SEC. 231. TWO-YEAR EXTENSION OF AUTHORITY 2014.’’. a grant under this section, a nonprofit orga- OF SECRETARY OF VETERANS AF- nization shall submit an application to the (2) DURATION OF ADDITIONAL REHABILITA- FAIRS TO PROVIDE REHABILITA- Secretary at such time, in such manner, and TION PROGRAM.—Section 3105(b) of such title TION AND VOCATIONAL BENEFITS containing such information as the Sec- TO MEMBERS OF THE ARMED is amended— retary may require. At a minimum, the in- FORCES WITH SEVERE INJURIES OR (A) by striking ‘‘Except as provided in sub- formation shall include— ILLNESSES. section (c) of this section,’’ and inserting ‘‘(1) ‘‘(1) information describing how the orga- Section 1631(b)(2) of the Wounded Warrior Except as provided in paragraph (2) and in nization will— Act (title XVI of Public Law 110–181; 10 subsection (c),’’; and ‘‘(A) collaborate with disabled veterans’ U.S.C. 1071 note) is amended by striking ‘‘De- (B) by adding at the end the following new outreach specialists and local veterans’ em- cember 31, 2012’’ and inserting ‘‘December 31, paragraph: ployment representatives and the appro- 2014’’. ‘‘(2) The period of a vocational rehabilita- priate State boards and local boards (as such SEC. 232. EXPANSION OF AUTHORITY OF SEC- tion program pursued by a veteran under terms are defined in section 101 of the Work- RETARY OF VETERANS AFFAIRS TO section 3102(b) of this title following a deter- force Investment Act of 1998 (29 U.S.C. 2801)); PAY EMPLOYERS FOR PROVIDING mination of the current reasonable feasi- ‘‘(B) based on the collaboration, provide ON-JOB TRAINING TO VETERANS bility of achieving a vocational goal may not WHO HAVE NOT BEEN REHABILI- training that facilitates the placement de- exceed 12 months.’’. TATED TO POINT OF EMPLOY- scribed in subsection (b)(2); and (b) EXTENSION OF PERIOD OF ELIGIBILITY.— ABILITY. ‘‘(C) make available, for each veteran re- Section 3103 of such title is amended— Section 3116(b)(1) of title 38, United States ceiving the training, a mentor to provide ca- (1) in subsection (a), by striking ‘‘in sub- Code, is amended by striking ‘‘who have been reer advice to the veteran and assist the vet- section (b), (c), or (d)’’ and inserting ‘‘in sub- rehabilitated to the point of employability’’. eran in preparing a resume and developing section (b), (c), (d), or (e)’’; SEC. 233. TRAINING AND REHABILITATION FOR job interviewing skills; and (2) by redesignating subsection (e) as sub- VETERANS WITH SERVICE-CON- ‘‘(2) an assurance that the organization section (f); and NECTED DISABILITIES WHO HAVE will provide the information necessary for (3) by inserting after subsection (d) the fol- EXHAUSTED RIGHTS TO UNEMPLOY- the Secretary to prepare the reports de- MENT BENEFITS UNDER STATE LAW. lowing new subsection (e): scribed in subsection (d). (a) ENTITLEMENT TO ADDITIONAL REHABILI- ‘‘(e)(1) The limitation in subsection (a) ‘‘(d) REPORTS.—(1) Not later than six TATION PROGRAMS.— shall not apply to a rehabilitation program months after the date of the enactment of (1) IN GENERAL.—Section 3102 of title 38, described in paragraph (2). the VOW to Hire Heroes Act of 2011, the Sec- United States Code, is amended— ‘‘(2) A rehabilitation program described in retary shall prepare and submit to the appro- (A) in the matter before paragraph (1), by this paragraph is a rehabilitation program priate committees of Congress a report that striking ‘‘A person’’ and inserting the fol- pursued by a veteran under section 3102(b) of describes the process for awarding grants lowing: this title.’’. under this section, the recipients of the ‘‘(a) IN GENERAL.—A person’’; and (c) EFFECTIVE DATE.—The amendments grants, and the collaboration described in (B) by adding at the end the following new made by subsections (a) and (b) shall take ef- subsections (b) and (c). paragraph: fect on June 1, 2012, and shall apply with re- ‘‘(2) Not later than 18 months after the ‘‘(b) ADDITIONAL REHABILITATION PROGRAMS spect to rehabilitation programs beginning date of enactment of the VOW to Hire Heroes FOR PERSONS WHO HAVE EXHAUSTED RIGHTS after such date. Act of 2011, the Secretary shall— TO UNEMPLOYMENT BENEFITS UNDER STATE (d) COMPTROLLER GENERAL REVIEW.—Not ‘‘(A) conduct an assessment of the perform- LAW.—(1) Except as provided in paragraph later than two years after the date of the en- ance of the grant recipients, disabled vet- (4), a person who has completed a rehabilita- actment of this Act, the Comptroller General erans’ outreach specialists, and local vet- tion program under this chapter shall be en- of the United States shall— erans’ employment representatives in car- titled to an additional rehabilitation pro- (1) conduct a review of the training and re- rying out activities under this section, which gram under the terms and conditions of this habilitation under chapter 31 of title 38, assessment shall include collecting informa- chapter if— United States Code; and tion on the number of—

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16884 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 ‘‘(i) veterans who applied for training ‘‘(B) submits a certification described the Office of Personnel Management, and under this section; under paragraph (2) to the Federal officer acting through the Veterans Employment ‘‘(ii) veterans who entered the training; making the appointment. Program Office of the agency established ‘‘(iii) veterans who completed the training; ‘‘(2) CERTIFICATION.—A certification re- under Executive Order 13518 (74 Fed. Reg. ‘‘(iv) veterans who were placed in meaning- ferred to under paragraph (1) is a certifi- 58533; relating to employment of veterans in ful employment under this section; and cation that the individual is expected to be the Federal Government), or any successor ‘‘(v) veterans who remained in such em- discharged or released from active duty in thereto, shall— ployment as of the date of the assessment; the armed forces under honorable conditions (A) establish a program to provide employ- and not later than 120 days after the date of the ment assistance to members of the Armed ‘‘(B) submit to the appropriate committees submission of the certification. Forces who are being separated from active of Congress a report that includes— ‘‘(b) DISABLED VETERAN.— duty, including assisting such members in ‘‘(i) a description of how the grant recipi- ‘‘(1) IN GENERAL.—Except as provided under seeking employment with the agency; ents used the funds made available under paragraph (3), an individual shall be treated (B) provide such members with informa- this section; as a disabled veteran defined under section tion regarding the program of the agency es- ‘‘(ii) the results of the assessment con- 2108(2) for purposes of making an appoint- tablished under subparagraph (A); and ducted under subparagraph (A); and ment in the competitive service, if the indi- (C) promote the recruiting, hiring, training ‘‘(iii) the recommendations of the Sec- vidual— and development, and retention of such retary as to whether amounts should be ap- ‘‘(A) meets the definition of a disabled vet- members and veterans by the agency. propriated to carry out this section for fiscal eran under section 2108(2), except for the re- (4) OTHER OFFICE.—If an agency designated years after 2013. quirement that the individual has been sepa- under paragraph (2)(A) does not have a Vet- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— rated from active duty in the armed forces erans Employment Program Office, the head There is authorized to be appropriated to under honorable conditions; and of the agency, in consultation with the Di- carry out this section $4,500,000 for the period ‘‘(B) submits a certification described rector of the Office of Personnel Manage- consisting of fiscal years 2012 and 2013. under paragraph (2) to the Federal officer ment, shall select an appropriate office of ‘‘(f) DEFINITIONS.—In this section— making the appointment. the agency to carry out the responsibilities ‘‘(1) the term ‘appropriate committees of ‘‘(2) CERTIFICATION.—A certification re- of the agency under paragraph (3). Congress’ means— ferred to under paragraph (1) is a certifi- SEC. 236. DEPARTMENT OF DEFENSE PILOT PRO- ‘‘(A) the Committee on Veterans’ Affairs cation that the individual is expected to be GRAM ON WORK EXPERIENCE FOR and the Committee on Health, Education, separated from active duty in the armed MEMBERS OF THE ARMED FORCES Labor, and Pension of the Senate; and forces under honorable conditions not later ON TERMINAL LEAVE. ‘‘(B) the Committee on Veterans’ Affairs than 120 days after the date of the submis- (a) IN GENERAL.—The Secretary of Defense and the Committee on Education and Work- sion of the certification. may establish a pilot program to assess the force of the House of Representatives; and ‘‘(c) PREFERENCE ELIGIBLE.—Subsections feasibility and advisability of providing to ‘‘(2) the term ‘nonprofit organization’ (a) and (b) shall apply with respect to deter- members of the Armed Forces on terminal means an organization that is described in mining whether an individual is a preference leave work experience with civilian employ- ees and contractors of the Department of De- section 501(c)(3) of the Internal Revenue Code eligible under section 2108(3) for purposes of fense to facilitate the transition of the indi- of 1986 and that is exempt from taxation making an appointment in the competitive viduals from service in the Armed Forces to under section 501(a) of such Code.’’. service.’’. employment in the civilian labor market. (b) CONFORMING AMENDMENT.—Section (2) TECHNICAL AND CONFORMING AMEND- (b) DURATION.—The pilot program shall be MENTS.— 4103A(a) of title 38, United States Code, is carried out during the two-year period begin- (A) DEFINITIONS.—Section 2108 of title 5, amended— ning on the date of the commencement of (1) in paragraph (1), by inserting ‘‘and fa- United States Code, is amended— (i) in paragraph (1), in the matter following the pilot program. cilitate placements’’ after ‘‘intensive serv- (c) REPORT.—Not later than 540 days after subparagraph (D), by inserting ‘‘, except as ices’’; and the date of the commencement of the pilot (2) by adding at the end the following: provided under section 2108a,’’ before ‘‘who program, the Secretary shall submit to the ‘‘(3) In facilitating placement of a veteran has been’’; Committee on Armed Services and the Com- under this program, a disabled veterans’ out- (ii) in paragraph (2), by inserting ‘‘(except mittee on Veterans’ Affairs of the Senate reach program specialist shall help to iden- as provided under section 2108a)’’ before ‘‘has and the Committee on Armed Services and tify job opportunities that are appropriate been separated’’; and the Committee on Veterans’ Affairs of the for the veteran’s employment goals and as- (iii) in paragraph (3), in the matter pre- House of Representatives an interim report sist that veteran in developing a cover letter ceding subparagraph (A), by inserting ‘‘or on the pilot program that includes the find- and resume that are targeted for those par- section 2108a(c)’’ after ‘‘paragraph (4) of this ings of the Secretary with respect to the fea- ticular jobs.’’. section’’. sibility and advisability of providing covered (c) CLERICAL AMENDMENT.—The table of (B) TABLE OF SECTIONS.—The table of sec- individuals with work experience as de- sections at the beginning of chapter 41 of tions for chapter 21 of title 5, United States scribed in subsection (a). such title is amended by inserting after the Code, is amended by adding after the item SEC. 237. ENHANCEMENT OF DEMONSTRATION item relating to section 4104 the following relating to section 2108 the following: PROGRAM ON CREDENTIALING AND new item: ‘‘2108a. Treatment of certain individuals as LICENSING OF VETERANS. ‘‘4104A. Collaborative veterans’ training, veterans, disabled veterans, and (a) IN GENERAL.—Section 4114 of title 38, mentoring, and placement pro- preference eligibles.’’. United States Code, is amended— gram.’’. (b) EMPLOYMENT ASSISTANCE: OTHER FED- (1) in subsection (a), by striking ‘‘may’’ ERAL AGENCIES.— and inserting ‘‘shall’’; SEC. 235. APPOINTMENT OF HONORABLY DIS- (1) DEFINITIONS.—In this subsection— (2) in subsection (b)— CHARGED MEMBERS AND OTHER EMPLOYMENT ASSISTANCE. (A) the term ‘‘agency’’ has the meaning (A) in paragraph (1)— given the term ‘‘Executive agency’’ in sec- (i) by striking ‘‘Assistant Secretary shall’’ (a) APPOINTMENTS TO COMPETITIVE SERVICE tion 105 of title 5, United States Code; and and inserting ‘‘Assistant Secretary for Vet- POSITIONS.— (B) the term ‘‘veteran’’ has the meaning erans’ Employment and Training shall, in (1) IN GENERAL.—Chapter 21 of title 5, given that term in section 101 of title 38, consultation with the Assistant Secretary United States Code, is amended by inserting United States Code. for Employment and Training,’’; after section 2108 the following: (2) RESPONSIBILITIES OF OFFICE OF PER- (ii) by striking ‘‘not less than 10 military’’ ‘‘§ 2108a. Treatment of certain individuals as SONNEL MANAGEMENT.—The Director of the and inserting ‘‘not more than five military’’; veterans, disabled veterans, and preference Office of Personnel Management shall— and eligibles (A) designate agencies that shall establish (iii) by inserting ‘‘for Veterans’ Employ- ‘‘(a) VETERAN.— a program to provide employment assistance ment and Training’’ after ‘‘selected by the ‘‘(1) IN GENERAL.—Except as provided under to members of the Armed Forces who are Assistant Secretary’’; and paragraph (3), an individual shall be treated being separated from active duty in accord- (B) in paragraph (2), by striking ‘‘consult as a veteran defined under section 2108(1) for ance with paragraph (3); and with appropriate Federal, State, and indus- purposes of making an appointment in the (B) ensure that the programs established try officials to’’ and inserting ‘‘enter into a competitive service, if the individual— under this subsection are coordinated with contract with an appropriate entity rep- ‘‘(A) meets the definition of a veteran the Transition Assistance Program (TAP) of resenting a coalition of State governors to under section 2108(1), except for the require- the Department of Defense. consult with appropriate Federal, State, and ment that the individual has been discharged (3) ELEMENTS OF PROGRAM.—The head of industry officials and’’; and or released from active duty in the armed each agency designated under paragraph (3) by striking subsections (d) through (h) forces under honorable conditions; and (2)(A), in consultation with the Director of and inserting the following:

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‘‘(d) PERIOD OF PROJECT.—The period dur- ment before the end of the first 90-day period added by subsection (a), shall apply with re- ing which the Assistant Secretary shall following their completion of the program; spect to training provided by the National carry out the demonstration project under ‘‘(B) the percentage of participants de- Veterans’ Employment and Training Serv- this section shall be the two-year period be- scribed in subparagraph (A) who are em- ices Institute that begins on or after the ginning on the date of the enactment of the ployed during the first 180-day period fol- date that is 180 days after the date of the en- VOW to Hire Heroes Act of 2011.’’. lowing the period described in such subpara- actment of this Act. (b) STUDY COMPARING COSTS INCURRED BY graph; SEC. 241. REQUIREMENTS FOR FULL-TIME DIS- SECRETARY OF DEFENSE FOR TRAINING FOR ‘‘(C) the median earnings of participants ABLED VETERANS’ OUTREACH PRO- MILITARY OCCUPATIONAL SPECIALTIES WITH- described in subparagraph (A) during the pe- GRAM SPECIALISTS AND LOCAL VET- OUT CREDENTIALING OR LICENSING WITH COSTS riod described in such subparagraph; ERANS’ EMPLOYMENT REPRESENTA- TIVES. INCURRED BY SECRETARY OF VETERANS AF- ‘‘(D) the median earnings of participants FAIRS AND SECRETARY OF LABOR IN PROVIDING described in subparagraph (B) during the pe- (a) DISABLED VETERANS’ OUTREACH PRO- EMPLOYMENT-RELATED ASSISTANCE.— riod described in such subparagraph; and GRAM SPECIALISTS.—Section 4103A of title 38, (1) IN GENERAL.—Not later than 180 days ‘‘(E) the percentage of participants in pro- United States Code, is amended by adding at after the conclusion of the period described grams under this chapter who obtain a cer- the end the following new subsection: in subsection (d) of section 4114 of title 38, tificate, degree, diploma, licensure, or indus- ‘‘(d) ADDITIONAL REQUIREMENT FOR FULL- United States Code, as added by subsection try-recognized credential relating to the pro- TIME EMPLOYEES.—(1) A full-time disabled (a), the Assistant Secretary of Labor of Vet- gram in which they participated under this veterans’ outreach program specialist shall erans’ Employment and Training shall, in chapter during the third 90-day period fol- perform only duties related to meeting the consultation with the Secretary of Defense lowing their completion of the program.’’. employment needs of eligible veterans, as de- and the Secretary of Veterans Affairs, com- SEC. 239. CLARIFICATION OF PRIORITY OF SERV- scribed in subsection (a), and shall not per- plete a study comparing the costs incurred ICE FOR VETERANS IN DEPARTMENT form other non-veteran-related duties that by the Secretary of Defense in training mem- OF LABOR JOB TRAINING PRO- detract from the specialist’s ability to per- bers of the Armed Forces for the military oc- GRAMS. form the specialist’s duties related to meet- cupational specialties selected by the Assist- Section 4215 of title 38, United States Code, ing the employment needs of eligible vet- ant Secretary of Labor of Veterans’ Employ- is amended— erans. ment and Training pursuant to the dem- (1) in subsection (a)(3), by adding at the ‘‘(2) The Secretary shall conduct regular onstration project provided for in such sec- end the following: ‘‘Such priority includes audits to ensure compliance with paragraph tion 4114, as amended by subsection (a), with giving access to such services to a covered (1). If, on the basis of such an audit, the Sec- the costs incurred by the Secretary of Vet- person before a non-covered person or, if re- retary determines that a State is not in com- erans Affairs and the Secretary of Labor in sources are limited, giving access to such pliance with paragraph (1), the Secretary providing employment-related assistance to services to a covered person instead of a non- may reduce the amount of a grant made to veterans who previously held such military covered person.’’; and the State under section 4102A(b)(5) of this occupational specialties, including— (2) by amending subsection (d) to read as title.’’. (A) providing educational assistance under follows: (b) LOCAL VETERANS’ EMPLOYMENT REP- ‘‘(d) ADDITION TO ANNUAL REPORT.—(1) In laws administered by the Secretary of Vet- RESENTATIVES.—Section 4104 of such title is the annual report required under section erans Affairs to veterans to obtain amended— 4107(c) of this title for the program year be- credentialing and licensing for civilian occu- (1) by redesignating subsection (e) as sub- ginning in 2003 and each subsequent program pations that are similar to such military oc- section (f); and year, the Secretary of Labor shall evaluate cupational specialties; (2) by inserting after subsection (d) the fol- whether covered persons are receiving pri- (B) providing assistance to unemployed lowing new subsection (e): ority of service and are being fully served by veterans who, while serving in the Armed ‘‘(e) ADDITIONAL REQUIREMENTS FOR FULL- qualified job training programs. Such eval- Forces, were trained in a military occupa- TIME EMPLOYEES.—(1) A full-time local vet- uation shall include— tional specialty; and erans’ employment representative shall per- ‘‘(A) an analysis of the implementation of (C) providing vocational training or coun- form only duties related to the employment, providing such priority at the local level; seling to veterans described in subparagraph training, and placement services under this ‘‘(B) whether the representation of vet- (B). chapter, and shall not perform other non- erans in such programs is in proportion to (2) REPORT.— veteran-related duties that detract from the the incidence of representation of veterans (A) IN GENERAL.—Not later than 180 days representative’s ability to perform the rep- in the labor market, including within groups after the conclusion of the period described resentative’s duties related to employment, that the Secretary may designate for pri- in subsection (d) of section 4114 of title 38, training, and placement services under this ority under such programs, if any; and United States Code, as added by subsection chapter. ‘‘(C) performance measures, as determined (a), the Assistant Secretary of Labor of Vet- ‘‘(2) The Secretary shall conduct regular by the Secretary, to determine whether vet- erans’ Employment and Training shall sub- audits to ensure compliance with paragraph erans are receiving priority of service and mit to Congress a report on the study carried (1). If, on the basis of such an audit, the Sec- are being fully served by qualified job train- out under paragraph (1). retary determines that a State is not in com- ing programs. (B) ELEMENTS.—The report required by pliance with paragraph (1), the Secretary ‘‘(2) The Secretary may not use the propor- subparagraph (A) shall include the following: may reduce the amount of a grant made to tion of representation of veterans described (i) The findings of the Assistant Secretary the State under section 4102A(b)(5) of this in subparagraph (B) of paragraph (1) as the with respect to the study required by para- title.’’. basis for determining under such paragraph graph (1). (c) CONSOLIDATION.—Section 4102A of such whether veterans are receiving priority of (ii) A detailed description of the costs com- title is amended by adding at the end the fol- service and are being fully served by quali- pared under the study required by paragraph lowing new subsection: fied job training programs.’’. (1). ‘‘(h) CONSOLIDATION OF DISABLED VET- SEC. 240. EVALUATION OF INDIVIDUALS RECEIV- ERANS’ OUTREACH PROGRAM SPECIALISTS AND SEC. 238. INCLUSION OF PERFORMANCE MEAS- ING TRAINING AT THE NATIONAL URES IN ANNUAL REPORT ON VET- VETERANS’ EMPLOYMENT AND VETERANS’ EMPLOYMENT REPRESENTATIVES.— ERAN JOB COUNSELING, TRAINING, TRAINING SERVICES INSTITUTE. The Secretary may allow the Governor of a AND PLACEMENT PROGRAMS OF (a) IN GENERAL.—Section 4109 of title 38, State receiving funds under subsection (b)(5) THE DEPARTMENT OF LABOR. United States Code, is amended by adding at to support specialists and representatives as Section 4107(c) of title 38, United States the end the following new subsection: described in such subsection to consolidate Code, is amended— ‘‘(d)(1) The Secretary shall require that the functions of such specialists and rep- (1) in paragraph (2), by striking ‘‘clause each disabled veterans’ outreach program resentatives if— (1)’’ and inserting ‘‘paragraph (1)’’; specialist and local veterans’ employment ‘‘(1) the Governor determines, and the Sec- (2) in paragraph (5), by striking ‘‘and’’ at representative who receives training pro- retary concurs, that such consolidation— the end; vided by the Institute, or its successor, is ‘‘(A) promotes a more efficient administra- (3) in paragraph (6), by striking the period given a final examination to evaluate the tion of services to veterans with a particular and inserting ‘‘; and’’; and specialist’s or representative’s performance emphasis on services to disabled veterans; (4) by adding at the end the following new in receiving such training. and paragraph: ‘‘(2) The results of such final examination ‘‘(B) does not hinder the provision of serv- ‘‘(7) performance measures for the provi- shall be provided to the entity that spon- ices to veterans and employers; and sion of assistance under this chapter, includ- sored the specialist or representative who re- ‘‘(2) the Governor submits to the Secretary ing— ceived the training.’’. a proposal therefor at such time, in such ‘‘(A) the percentage of participants in pro- (b) EFFECTIVE DATE.—Subsection (d) of sec- manner, and containing such information as grams under this chapter who find employ- tion 4109 of title 38, United States Code, as the Secretary may require.’’.

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Subtitle D—Improvements to Uniformed (e) CREDIT MADE AVAILABLE TO TAX-EX- determined by the Secretary of the Treasury Services Employment and Reemployment EMPT EMPLOYERS IN CERTAIN CIR- based on information provided by the gov- Rights CUMSTANCES.— ernment of the respective possession of the SEC. 251. CLARIFICATION OF BENEFITS OF EM- (1) IN GENERAL.—Subsection (c) of section United States. PLOYMENT COVERED UNDER 52 of the Internal Revenue Code of 1986 is (B) OTHER POSSESSIONS.—The Secretary of USERRA. amended— the Treasury shall pay to each possession of Section 4303(2) of title 38, United States (A) by inserting ‘‘(1) IN GENERAL.—’’ before the United States which does not have a mir- Code, is amended by inserting ‘‘the terms, ‘‘No credit’’, and ror code tax system amounts estimated by conditions, or privileges of employment, in- (B) by adding at the end the following new the Secretary of the Treasury as being equal cluding’’ after ‘‘means’’. paragraph: to the aggregate benefits that would have Subtitle E—Other Matters ‘‘(2) CREDIT MADE AVAILABLE TO QUALIFIED been provided to taxpayers of the possession SEC. 261. RETURNING HEROES AND WOUNDED TAX-EXEMPT EMPLOYERS EMPLOYING QUALI- by reason of the amendments made by this WARRIORS WORK OPPORTUNITY FIED VETERANS.—In the case of a qualified section if a mirror code tax system had been TAX CREDITS. tax-exempt employer (as defined in section in effect in such possession. The preceding (a) IN GENERAL.—Paragraph (3) of section 3111(e)(3)(A)), the credit otherwise allowed sentence shall not apply with respect to any 51(b) of the Internal Revenue Code of 1986 is under this section by reason of subsection possession of the United States unless such amended by striking ‘‘($12,000 per year in the (d)(3) shall be allowed under section 3111(e) possession has a plan, which has been ap- case of any individual who is a qualified vet- and not under this section.’’. proved by the Secretary of the Treasury, eran by reason of subsection (d)(3)(A)(ii))’’ (2) CREDIT ALLOWABLE.—Section 3111 of under which such possession will promptly and inserting ‘‘($12,000 per year in the case of such Code is amended by adding at the end distribute such payments to the taxpayers of any individual who is a qualified veteran by the following new subsection: such possession. reason of subsection (d)(3)(A)(ii)(I), $14,000 ‘‘(e) CREDIT FOR EMPLOYMENT OF QUALIFIED (2) COORDINATION WITH CREDIT ALLOWED per year in the case of any individual who is VETERANS.— AGAINST UNITED STATES INCOME TAXES.—No a qualified veteran by reason of subsection ‘‘(1) IN GENERAL.—If a qualified tax-exempt credit shall be allowed against United States (d)(3)(A)(iv), and $24,000 per year in the case employer hires a qualified veteran with re- income taxes for any taxable year under the of any individual who is a qualified veteran spect to whom a credit would be allowable amendments made by this section to section by reason of subsection (d)(3)(A)(ii)(II))’’. under section 51 if the employer were not a 51 or section 3111 of the Internal Revenue (b) RETURNING HEROES TAX CREDITS.—Sub- paragraph (A) of section 51(d)(3) of the Inter- qualified tax-exempt employer, then there Code of 1986 to any person— nal Revenue Code of 1986 is amended— shall be allowed as a credit against the tax (A) to whom a credit is allowed against (1) by striking ‘‘or’’ at the end of clause (i), imposed by subsection (a) on wages paid with taxes imposed by the possession of the (2) by striking the period at the end of respect to employment of all employees of United States by reason of the amendments clause (ii)(II), and the employer during the applicable period an made by this section for such taxable year, (3) by adding at the end the following new amount equal to the lesser of— or clauses: ‘‘(A) the credit which would be so allow- (B) who is eligible for a payment under a ‘‘(iii) having aggregate periods of unem- able under section 51 with respect to wages plan described in paragraph (1)(B) with re- ployment during the 1-year period ending on paid to such qualified veteran during such spect to such taxable year. the hiring date which equal or exceed 4 period, or (3) DEFINITIONS AND SPECIAL RULES.— weeks (but less than 6 months), or ‘‘(B) the amount of the tax imposed by sub- (A) POSSESSION OF THE UNITED STATES.—For ‘‘(iv) having aggregate periods of unem- section (a) on wages paid with respect to em- purposes of this subsection, the term ‘‘pos- ployment during the 1-year period ending on ployment of all employees of the employer session of the United States’’ includes Amer- the hiring date which equal or exceed 6 during such period. ican Samoa, Guam, the Commonwealth of months.’’. ‘‘(2) APPLICABLE PERIOD.—The term ‘appli- the Northern Mariana Islands, the Common- (c) SIMPLIFIED CERTIFICATION.—Paragraph cable period’ means, with respect to any wealth of Puerto Rico, and the United States (13) of section 51(d) of the Internal Revenue qualified veteran, the 1-year period begin- Virgin Islands. Code of 1986 is amended by adding at the end ning with the day such qualified veteran be- (B) MIRROR CODE TAX SYSTEM.—For pur- the following new subparagraph: gins work for the employer. poses of this subsection, the term ‘‘mirror ‘‘(D) CREDIT FOR UNEMPLOYED VETERANS.— ‘‘(3) DEFINITIONS.—For purposes of this sub- code tax system’’ means, with respect to any ‘‘(i) IN GENERAL.—Notwithstanding sub- section— possession of the United States, the income paragraph (A), for purposes of paragraph ‘‘(A) the term ‘qualified tax-exempt em- tax system of such possession if the income (3)(A)— ployer’ means an employer that is an organi- tax liability of the residents of such posses- ‘‘(I) a veteran will be treated as certified zation described in section 501(c) and exempt sion under such system is determined by ref- by the designated local agency as having ag- from taxation under section 501(a), and erence to the income tax laws of the United gregate periods of unemployment meeting ‘‘(B) the term ‘qualified veteran’ has mean- States as if such possession were the United the requirements of clause (ii)(II) or (iv) of ing given such term by section 51(d)(3). States. such paragraph (whichever is applicable) if ‘‘(4) LIMITATION.—This subsection shall (C) TREATMENT OF PAYMENTS.—For pur- such veteran is certified by such agency as apply only with respect to wages paid to a poses of section 1324(b)(2) of title 31, United being in receipt of unemployment compensa- qualified veteran for services in furtherance States Code, the payments under this sub- tion under State or Federal law for not less of the activities related to the purpose or section shall be treated in the same manner than 6 months during the 1-year period end- function constituting the basis of the em- as a refund due from the credit allowed ing on the hiring date, and ployer’s exemption under section 501.’’. under section 52(c)(2) of the Internal Revenue ‘‘(II) a veteran will be treated as certified (3) TRANSFERS TO FEDERAL OLD-AGE AND Code of 1986 (as added by this section). by the designated local agency as having ag- SURVIVORS INSURANCE TRUST FUND.—There (g) EFFECTIVE DATE.—The amendment gregate periods of unemployment meeting are hereby appropriated to the Federal Old- made by this section shall apply to individ- the requirements of clause (iii) of such para- Age and Survivors Trust Fund and the Fed- uals who begin work for the employer after graph if such veteran is certified by such eral Disability Insurance Trust Fund estab- the date of the enactment of this Act. agency as being in receipt of unemployment lished under section 201 of the Social Secu- SEC. 262. EXTENSION OF REDUCED PENSION FOR compensation under State or Federal law for rity Act (42 U.S.C. 401) amounts equal to the CERTAIN VETERANS COVERED BY reduction in revenues to the Treasury by MEDICAID PLANS FOR SERVICES not less than 4 weeks (but less than 6 FURNISHED BY NURSING FACILI- months) during the 1-year period ending on reason of the amendments made by para- TIES. the hiring date. graphs (1) and (2). Amounts appropriated by Section 5503(d)(7) of title 38, United States ‘‘(ii) REGULATORY AUTHORITY.—The Sec- the preceding sentence shall be transferred Code, is amended by striking ‘‘May 31, 2015’’ retary may provide alternative methods for from the general fund at such times and in and inserting ‘‘September 30, 2016’’. certification of a veteran as a qualified vet- such manner as to replicate to the extent SEC. 263. REIMBURSEMENT RATE FOR AMBU- eran described in clause (ii)(II), (iii), or (iv) possible the transfers which would have oc- LANCE SERVICES. of paragraph (3)(A), at the Secretary’s discre- curred to such Trust Fund had such amend- Section 111(b)(3) of title 38, United States tion.’’. ments not been enacted. Code, is amended by adding at the end the (d) EXTENSION OF CREDIT.—Subparagraph (f) TREATMENT OF POSSESSIONS.— following new subparagraph: (B) of section 51(c)(4) of the Internal Revenue (1) PAYMENTS TO POSSESSIONS.— ‘‘(C) In the case of transportation of a per- Code of 1986 is amended to read as follows: (A) MIRROR CODE POSSESSIONS.—The Sec- son under subparagraph (B) by ambulance, ‘‘(B) after— retary of the Treasury shall pay to each pos- the Secretary may pay the provider of the ‘‘(i) December 31, 2012, in the case of a session of the United States with a mirror transportation the lesser of the actual qualified veteran, and code tax system amounts equal to the loss to charge for the transportation or the amount ‘‘(ii) December 31, 2011, in the case of any that possession by reason of the amendments determined by the fee schedule established other individual.’’. made by this section. Such amounts shall be under section 1834(l) of the Social Security

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16887 Act (42 U.S.C. 1395(l)) unless the Secretary (ii) been a factor in Federal agency deci- TITLE V—BUDGETARY EFFECTS has entered into a contract for that trans- sions not to enter into or renew contracts SEC. 501. STATUTORY PAY-AS-YOU-GO ACT OF portation with the provider.’’. with such contractors. 2010. SEC. 264. EXTENSION OF AUTHORITY FOR SEC- (C) In cases in which Federal agencies con- The budgetary effects of this Act, for the RETARY OF VETERANS AFFAIRS TO tinue to contract with persons who report purpose of complying with the Statutory OBTAIN INFORMATION FROM SEC- having delinquent tax debt, the factors Pay-As-You-Go Act of 2010, shall be deter- RETARY OF TREASURY AND COMMIS- taken into consideration in awarding such mined by reference to the latest statement SIONER OF SOCIAL SECURITY FOR contracts. titled ‘‘Budgetary Effects of PAYGO Legisla- INCOME VERIFICATION PURPOSES. (D) The degree of the success of the Fed- tion’’ for this Act, submitted for printing in Section 5317(g) of title 38, United States eral lien and levy system in recouping delin- the Congressional Record by the Chairman of Code, is amended by striking ‘‘September 30, quent Federal taxes from Federal contrac- the House Budget Committee, provided that 2011’’ and inserting ‘‘September 30, 2016’’. tors. such statement has been submitted prior to SEC. 265. MODIFICATION OF LOAN GUARANTY (E) The number of persons who have been the vote on passage. FEE FOR CERTAIN SUBSEQUENT suspended or debarred because of a delin- LOANS. quent tax debt over the past 3 years. SA 928. Mr. MCCAIN (for himself, Mr. (a) IN GENERAL.—Section 3729(b)(2) of title (F) An estimate of the extent to which the BARRASSO, Mr. BLUNT, Mr. BOOZMAN, 38, United States Code, is amended— subcontractors under Federal contracts have Mr. BURR, Mr. CHAMBLISS, Mr. COATS, (1) in subparagraph (A)— delinquent tax debt. Mr. COCHRAN, Mr. CORNYN, Mr. CRAPO, (A) in clause (iii), by striking ‘‘November (G) The Federal agencies which have most 18, 2011’’ and inserting ‘‘October 1, 2016’’; and Mr. DEMINT, Mr. ENZI, Mr. GRAHAM, frequently awarded contracts to persons not- Mr. GRASSLEY, Mr. HATCH, Mr. HELLER, (B) in clause (iv), by striking ‘‘November withstanding any certification by such per- Mr. HOEVEN, Mrs. HUTCHISON, Mr. 18, 2011’’ and inserting ‘‘October 1, 2016’’; son that the person has delinquent tax debt. (2) in subparagraph (B)— (H) Recommendations on ways to better INHOFE, Mr. ISAKSON, Mr. JOHANNS, Mr. (A) in clause (i), by striking ‘‘November 18, identify Federal contractors with delinquent JOHNSON of Wisconsin, Mr. KIRK, Mr. 2011’’ and inserting ‘‘October 1, 2016’’; tax debts. LEE, Mr. LUGAR, Mr. MCCONNELL, Mr. (B) by striking clauses (ii) and (iii); MORAN, Mr. PAUL, Mr. PORTMAN, Mr. (b) REPORT.—Not later than 12 months (C) by redesignating clause (iv) as clause RISCH, Mr. ROBERTS, Mr. RUBIO, Mr. (ii); and after the date of the enactment of this Act, SESSIONS, Mr. SHELBY, Mr. THUNE, Mr. (D) in clause (ii), as redesignated by sub- the Secretary of the Treasury shall submit paragraph (C), by striking ‘‘October 1, 2013’’ to the Committee on Ways and Means of the TOOMEY, Mr. VITTER, and Mr. WICKER) and inserting ‘‘October 1, 2016’’; House of Representatives, the Committee on submitted an amendment intended to (3) in subparagraph (C)— Finance of the Senate, the Committee on be proposed to amendment SA 927 pro- (A) in clause (i), by striking ‘‘November 18, Oversight and Government Reform of the posed by Mr. REID (for Mr. TESTER (for 2011’’ and inserting ‘‘October 1, 2016’’; and House of Representatives, and the Com- himself, Mrs. MURRAY, Mr. BAUCUS, Ms. (B) in clause (ii), by striking ‘‘November mittee on Homeland Security and Govern- STABENOW, Mr. BROWN of Ohio, Mr. 18, 2011’’ and inserting ‘‘October 1, 2016’’; and ment Affairs of the Senate, a report on the REID, Mr. AKAKA, Ms. CANTWELL, Mr. (4) in subparagraph (D)— study conducted under subsection (a), to- LEAHY, Mr. CASEY, Mr. COONS, Mr. (A) in clause (i), by striking ‘‘November 18, gether with any legislative recommenda- MENENDEZ, Mr. KERRY, Mr. LAUTEN- 2011’’ and inserting ‘‘October 1, 2016’’; and tions. (B) in clause (ii), by striking ‘‘November BERG, Mr. MERKLEY, Mr. SANDERS, Mrs. 18, 2011’’ and inserting ‘‘October 1, 2016’’. TITLE IV—MODIFICATION OF CALCULA- SHAHEEN, Mr. BENNET, Mr. WEBB, Mr. (b) EFFECTIVE DATE.—The amendments TION OF MODIFIED ADJUSTED GROSS BEGICH, Ms. LANDRIEU, Mr. SCHUMER, made by subsection (a) shall take effect on INCOME FOR DETERMINING CERTAIN and Mr. BROWN of Massachusetts)) to the later of— HEALTHCARE PROGRAM ELIGIBILITY the bill H.R. 674, to amend the Internal (1) November 18, 2011; or SEC. 401. MODIFICATION OF CALCULATION OF Revenue Code of 1986 to repeal the im- (2) the date of the enactment of this Act. MODIFIED ADJUSTED GROSS IN- position of 3 percent withholding on TITLE III—OTHER PROVISIONS RELATING COME FOR DETERMINING CERTAIN certain payments made to vendors by TO FEDERAL VENDORS HEALTHCARE PROGRAM ELIGI- BILITY. government entities, to modify the cal- SEC. 301. ONE HUNDRED PERCENT LEVY FOR culation of modified adjusted gross in- PAYMENTS TO FEDERAL VENDORS (a) IN GENERAL.—Subparagraph (B) of sec- come for purposes of determining eligi- RELATING TO PROPERTY. tion 36B(d)(2) of the Internal Revenue Code (a) IN GENERAL.—Section 6331(h)(3) of the of 1986 is amended by striking ‘‘and’’ at the bility for certain healthcare-related Internal Revenue Code of 1986 is amended by end of clause (i), by striking the period at programs, and for other purposes; striking ‘‘goods or services’’ and inserting the end of clause (ii) and inserting ‘‘, and’’, which was ordered to lie on the table; ‘‘property, goods, or services’’. and by adding at the end the following new as follows: (b) EFFECTIVE DATE.—The amendment clause: At the end of the amendment add the fol- made by this section shall apply to levies ‘‘(iii) an amount equal to the portion of the lowing: issued after the date of the enactment of this taxpayer’s social security benefits (as de- SECTION 1. SHORT TITLE AND TABLE OF CON- Act. fined in section 86(d)) which is not included TENTS. SEC. 302. STUDY AND REPORT ON REDUCING THE in gross income under section 86 for the tax- (a) SHORT TITLE.—This Act may be cited as AMOUNT OF THE TAX GAP OWED BY able year.’’. the ‘‘Jobs Through Growth Act’’. FEDERAL CONTRACTORS. (b) TABLE OF CONTENTS.—The table of con- (b) EFFECTIVE DATE.—The amendments (a) STUDY.— tents for this Act is as follows: made by this section shall take effect on the (1) IN GENERAL.—The Secretary of the date of the enactment of this Act. Sec. 1. Short title and table of contents. Treasury, or the Secretary’s delegate, in DIVISION A—SPENDING REFORM consultation with the Director of the Office (c) NO IMPACT ON SOCIAL SECURITY TRUST TITLE I—BALANCED BUDGET of Management and Budget and the heads of FUNDS.— AMENDMENT TO THE CONSTITUTION such other Federal agencies as the Secretary (1) ESTIMATE OF SECRETARY.—The Sec- determines appropriate, shall conduct a retary of the Treasury, or the Secretary’s Sec. 1101. Balanced Budget Amendment to study on ways to reduce the amount of Fed- delegate, shall annually estimate the impact the Constitution. eral tax owed but not paid by persons sub- that the amendments made by subsection (a) TITLE II—ENHANCED RESCISSION mitting bids or proposals for the procure- have on the income and balances of the trust AUTHORITY ment of property or services by the Federal funds established under section 201 of the So- Sec. 1201. Purposes. government. cial Security Act (42 U.S.C. 401). Sec. 1202. Rescissions of funding. (2) MATTERS STUDIED.—The study con- (2) TRANSFER OF FUNDS.—If, under para- Sec. 1203. Technical and conforming amend- ducted under paragraph (1) shall include the graph (1), the Secretary of the Treasury or ments. following matters: the Secretary’s delegate estimates that such Sec. 1204. Amendments to Part A of the Im- (A) An estimate of the amount of delin- amendments have a negative impact on the poundment Control Act. Sec. 1205. Expiration. quent taxes owed by Federal contractors. income and balances of such trust funds, the (B) The extent to which the requirement Secretary shall transfer, not less frequently DIVISION B—TAX REFORM that persons submitting bids or proposals than quarterly, from the general fund an TITLE I—TAX REFORM FOR FAMILIES certify whether such persons have delinquent amount sufficient so as to ensure that the AND SMALL BUSINESSES tax debts has— income and balances of such trust funds are Sec. 2101. Tax Reform for Families and (i) improved tax compliance; and not reduced as a result of such amendments. Small Businesses.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0655 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16888 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 TITLE II—TAX REFORM FOR EMPLOYERS Sec. 3611. Ensuring that agencies consider Sec. 3999B. Retrospective analyses of exist- Sec. 2201. Reduction in corporate income tax small entity impact during the ing rules. rates and reform of business rulemaking process. TITLE XV—REDUCING REGULATORY tax. Sec. 3612. Additional powers of the Office of BURDENS ACT Advocacy. TITLE III—WITHHOLDING TAX RELIEF Sec. 3999C. Short title. Sec. 3613. Funding and offsets. ACT OF 2011 Sec. 3999D. Use of authorized pesticides. Sec. 3614. Technical and conforming amend- Sec. 3999E. Discharges of pesticides. Sec. 2301. Short title. ments. Sec. 2302. Repeal of imposition of with- DIVISION D—DOMESTIC ENERGY JOB holding on certain payments TITLE VII—UNFUNDED MANDATES PROMOTION ACCOUNTABILITY ACT made to vendors by government TITLE I—DOMESTIC JOBS, DOMESTIC entities. Sec. 3701. Short title. ENERGY, AND DEFICIT REDUCTION ACT Sec. 3702. Findings. Sec. 2303. Rescission of unspent federal Sec. 4101. Short title. funds to offset loss in revenues. Sec. 3703. Regulatory impact analyses for Subtitle A—Outer Continental Shelf Leasing DIVISION C—REGULATION REFORM certain rules. Sec. 3704. Least burdensome option or expla- Sec. 4111. Leasing program considered ap- TITLE I—REPEALING THE JOB-KILLING nation required. proved. HEALTH CARE LAW ACT Sec. 3705. Inclusion of application to inde- Sec. 4112. Lease sales. Sec. 3101. Repeal of the job-killing health pendent regulatory agencies. Sec. 4113. Applications for permits to drill. care law and health care-re- Sec. 3706. Judicial review. Sec. 4114. Lease sales for certain areas. lated provisions in the Health Sec. 3707. Effective date. Subtitle B—Regulatory Streamlining Care and Education Reconcili- TITLE VIII—GOVERNMENT LITIGATION Sec. 4131. Commercial leasing program for ation Act of 2010. SAVINGS ACT oil shale resources on public Sec. 3102. Budgetary effects of this subtitle. Sec. 3801. Short title. land. TITLE II—MEDICAL CARE ACCESS Sec. 3802. Modification of Equal Access to Sec. 4132. Jurisdiction over covered energy PROTECTION ACT OF 2011 Justice provisions. projects. Sec. 3201. Short title. Sec. 3803. GAO study. Sec. 4133. Environmental impact state- Sec. 3202. Findings and purpose. ments. Sec. 3203. Definitions. TITLE IX—EMPLOYMENT PROTECTION Sec. 4134. Clean air regulation. Sec. 3204. Encouraging speedy resolution of ACT OF 2011 Sec. 4135. Employment effects of actions claims. Sec. 3901. Short title. under Clean Air Act. Sec. 3205. Compensating patient injury. Sec. 3902. Impacts of EPA regulatory activ- Sec. 4136. Endangered species. Sec. 3206. Maximizing patient recovery. ity on employment and eco- Sec. 4137. Reissuance of permits and leases. Sec. 3207. Additional health benefits. nomic activity. Sec. 4138. Central Valley Project. Sec. 3208. Punitive damages. TITLE X—FARM DUST REGULATION Sec. 4139. Beaufort Sea oil drilling project. Sec. 3209. Authorization of payment of fu- PREVENTION ACT Sec. 4140. Environmental legal fees. ture damages to claimants in Sec. 3931. Short title. TITLE II—JOBS AND ENERGY health care lawsuits. Sec. 3932. Nuisance dust. PERMITTING ACT Sec. 3210. Effect on other laws. Sec. 3933. Temporary prohibition against re- Sec. 4201. Short title. Sec. 3211. State flexibility and protection of vising any national ambient air Sec. 4202. Air quality measurement. states’ rights. quality standard applicable to Sec. 4203. Outer Continental Shelf source. Sec. 3212. Applicability; effective date. coarse particulate matter. Sec. 4204. Permits. TITLE III—FINANCIAL TAKEOVER TITLE III—AMERICAN ENERGY AND REPEAL TITLE XI—NATIONAL LABOR RELATIONS BOARD REFORM WESTERN JOBS ACT Sec. 3301. Repeal. Sec. 3951. Short title. Sec. 4301. Short title. TITLE IV—REGULATIONS FROM THE EX- Sec. 3952. Authority of the NLRB. Sec. 4302. Rescission of certain instruction ECUTIVE IN NEED OF SCRUTINY (REINS Sec. 3953. Retroactivity. memoranda. ACT) Sec. 4303. Amendments to the Mineral Leas- TITLE XII—GOVERNMENT NEUTRALITY ing Act. Sec. 3401. Short title. IN CONTRACTING ACT Sec. 3402. Findings and purpose. Sec. 4304. Annual report on revenues gen- Sec. 3403. Congressional review of agency Sec. 3971. Short title. erated from multiple use of rulemaking. Sec. 3972. Purposes. public land. Sec. 3973. Preservation of open competition Sec. 4305. Federal onshore oil and natural TITLE V—REGULATION MORATORIUM and Federal Government neu- gas production goal. AND JOBS PRESERVATION ACT trality. Sec. 4306. Oil shale. Sec. 3501. Short title. TITLE XIII—FINANCIAL REGULATORY TITLE IV—MINING JOBS PROTECTION Sec. 3502. Definitions. RESPONSIBILITY ACT ACT Sec. 3503. Significant regulatory actions. Sec. 3504. Waivers. Sec. 3981. Short title. Sec. 4401. Short title. Sec. 3505. Judicial review. Sec. 3982. Definitions. Sec. 4402. Permits for dredged or fill mate- Sec. 3983. Required regulatory analysis. rial. TITLE VI—FREEDOM FROM RESTRIC- Sec. 4403. Review of permits. TIVE EXCESSIVE EXECUTIVE DE- Sec. 3984. Rule of construction. MANDS AND ONEROUS MANDATES ACT Sec. 3985. Public availability of data and TITLE V—ENERGY TAX PREVENTION OF 2011 regulatory analysis. ACT Sec. 3986. Five-year regulatory impact anal- Sec. 3601. Short title. Sec. 4501. Short title. ysis. Sec. 4502. No regulation of emissions of Sec. 3602. Findings. Sec. 3987. Retrospective review of existing Sec. 3603. Including indirect economic im- greenhouse gases. rules. Sec. 4503. Preserving one national standard pact in small entity analyses. Sec. 3988. Judicial review. Sec. 3604. Judicial review to allow small en- for automobiles. Sec. 3989. Chief Economists Council. TITLE VI—REPEAL RESTRICTIONS ON tities to challenge proposed Sec. 3990. Conforming amendments. regulations. GOVERNMENT USE OF DOMESTIC AL- Sec. 3991. Other regulatory entities. TERNATIVE FUELS Sec. 3605. Periodic review. Sec. 3992. Avoidance of duplicative or unnec- Sec. 3606. Requiring small business review essary analyses. Sec. 4601. Repeal of unnecessary barrier to panels for additional agencies. Sec. 3993. Severability. domestic fuel production. Sec. 3607. Expanding the Regulatory Flexi- TITLE XIV—REGULATORY RESPONSI- TITLE VII—PUBLIC LANDS JOB bility Act to agency guidance CREATION ACT documents. BILITY FOR OUR ECONOMY ACT Sec. 3608. Requiring the Internal Revenue Sec. 3994. Short title. Sec. 4701. Short title. Sec. 4702. Review of certain Federal Register Service to consider small entity Sec. 3995. Definitions. Notices. impact. Sec. 3996. Agency requirements. Sec. 3609. Reporting on enforcement actions Sec. 3997. Public participation. DIVISION E—EXPORT PROMOTION relating to small entities. Sec. 3998. Integration and innovation. Sec. 5001. Short title. Sec. 3610. Requiring more detailed small en- Sec. 3999. Flexible approaches. Sec. 5002. Renewal of trade promotion au- tity analyses. Sec. 3999A. Science. thority.

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BALANCED BUDGET AMENDMENT TO that provides funding, the President shall re- has been in session or 25 calendar days in THE CONSTITUTION. quest at most 1 package of rescissions and which the Senate has been in session, which- It is the sense of Congress that S.J. Res 10 the rescissions in that package shall apply ever occurs second; or should be passed and submitted to the states only to funding contained in that legislation. ‘‘(3) the last day after which the obligation for ratification not later than 90 days after OMB shall deliver each message requesting a of the funding in question can no longer be the date of enactment of this Act. package of rescissions to the Secretary of fully accomplished in a prudent manner be- TITLE II—ENHANCED RESCISSION the Senate if the Senate is not in session and fore its expiration. AUTHORITY to the Clerk of the House of Representatives ‘‘(d) DEFICIT REDUCTION.— SEC. 1201. PURPOSES. if the House is not in session. OMB shall ‘‘(1) IN GENERAL.—Funds that are rescinded The purpose of this title is to create an op- make a copy of the transmittal message pub- under this part shall be dedicated only to re- tional fast-track procedure the President licly available, and shall publish in the Fed- ducing the deficit or increasing the surplus. may use when submitting rescission re- eral Register a notice of the message and in- ‘‘(2) ADJUSTMENT OF LEVELS IN THE CONCUR- quests, which would lead to an up-or-down formation on how it can be obtained. RENT RESOLUTION ON THE BUDGET.—Not later vote by Congress on the President’s package ‘‘(c) SPECIAL PACKAGING RULES.—After en- than 5 days after the date of enactment of an of rescissions, without amendment. actment of— approval bill as provided under this part, the SEC. 1202. RESCISSIONS OF FUNDING. ‘‘(1) a joint resolution making continuing chairs of the Committees on the Budget of The Impoundment Control Act of 1974 is appropriations; the Senate and the House of Representatives amended by striking part C and inserting the ‘‘(2) a supplemental appropriations bill; or shall revise allocations and aggregates and following: ‘‘(3) an omnibus appropriations bill; other appropriate levels under the appro- covering some or all of the activities cus- priate concurrent resolution on the budget ‘‘PART C—EXPEDITED CONSIDERATION OF tomarily funded in more than 1 regular ap- to reflect the repeal or cancellation, and the PROPOSED RESCISSIONS propriations bill, the President may propose applicable committees shall report revised ‘‘SEC. 1021. APPLICABILITY AND DISCLAIMER. as many as 2 packages rescinding funding suballocations pursuant to section 302(b), as ‘‘The rules, procedures, requirements, and contained in that legislation, each within appropriate. definitions in this part apply only to execu- the 45-day period specified in subsection (a). ‘‘SEC. 1026. CONGRESSIONAL CONSIDERATION OF tive and legislative actions explicitly taken OMB shall not include the same rescission in RESCISSION REQUESTS. under this part. They do not apply to actions both packages, and, if the President requests ‘‘(a) PREPARATION OF LEGISLATION TO CON- taken under part B or to other executive and the rescission of more than one discrete SIDER A PACKAGE OF EXPEDITED RESCISSION legislative actions not taken under this part. amount of funding under the jurisdiction of REQUESTS.— ‘‘SEC. 1022. DEFINITIONS. a single subcommittee, OMB shall include ‘‘(1) IN GENERAL.—If the House of Rep- ‘‘In this part: each of those discrete amounts in the same resentatives receives a package of expedited ‘‘(1) The terms ‘appropriations Act’, ‘budg- package. rescission requests, the Clerk shall prepare a et authority’, and ‘new budget authority’ ‘‘SEC. 1024. REQUESTS TO RESCIND FUNDING. House bill that only rescinds the amounts re- have the same meanings as in section 3 of ‘‘For each request to rescind funding under quested which shall read as follows: the Congressional Budget Act of 1974. this part, the transmittal message shall— ‘‘ ‘There are enacted the rescissions num- ‘‘(2) The terms ‘account’, ‘current year’, ‘‘(1) specify— bered [insert number or numbers] as set ‘CBO’, and ‘OMB’ have the same meanings as ‘‘(A) the dollar amount to be rescinded; forth in the Presidential message of [insert in section 250 of the Balanced Budget and ‘‘(B) the agency, bureau, and account from date] transmitted under part C of the Im- Emergency Deficit Control Act of 1985 as in which the rescission shall occur; poundment Control Act of 1974 as amended.’ effect on September 30, 2002. ‘‘(C) the program, project, or activity with- ‘‘(2) EXCLUSION PROCEDURE.—The Clerk ‘‘(3) The term ‘days of session’ shall be cal- in the account (if applicable) from which the shall include in the bill each numbered re- culated by excluding weekends and national rescission shall occur; scission request listed in the Presidential holidays. Any day during which a chamber of ‘‘(D) the amount of funding, if any, that package in question, except that the Clerk Congress is not in session shall not be count- would remain for the account, program, shall omit a numbered rescission request if ed as a day of session of that chamber. Any project, or activity if the rescission request the Chairman of the Committee on the Budg- day during which neither chamber is in ses- is enacted; and et of the House, after consulting with the sion shall not be counted as a day of session ‘‘(E) the reasons the President requests the Chairman of the Committee on the Budget of of Congress. rescission; the Senate, CBO, GAO, and the House and ‘‘(4) The term ‘entitlement law’ means the ‘‘(2) designate each separate rescission re- Senate committees that have jurisdiction statutory mandate or requirement of the quest by number; and over the funding, determines that the num- United States to incur a financial obligation ‘‘(3) include proposed legislative language bered rescission does not refer to funding or unless that obligation is explicitly condi- to accomplish the requested rescissions includes matter not permitted under a re- tioned on the appropriation in subsequent which may not include— quest to rescind funding. legislation of sufficient funds for that pur- ‘‘(A) any changes in existing law, other ‘‘(b) INTRODUCTION AND REFERRAL OF LEGIS- pose, and the Supplemental Nutrition Assist- than the rescission of funding; or LATION TO ENACT A PACKAGE OF EXPEDITED ance Program. ‘‘(B) any supplemental appropriations, RESCISSIONS.—The majority leader or the mi- ‘‘(5) The term ‘funding’ refers to new budg- transfers, or reprogrammings. nority leader of the House or Representa- et authority and obligation limits except to ‘‘SEC. 1025. GRANTS OF AND LIMITATIONS ON tives, or a designee, shall (by request) intro- the extent that the funding is provided for PRESIDENTIAL AUTHORITY. duce each bill prepared under subsection (a) entitlement law. ‘‘(a) PRESIDENTIAL AUTHORITY TO WITH- not later than 4 days of session of the House ‘‘(6) The term ‘rescind’ means to eliminate HOLD FUNDING.—Notwithstanding any other after its transmittal, or, if no such bill is in- or reduce the amount of enacted funding. provision of law and if the President pro- troduced within that period, any member of ‘‘(7) The terms ‘withhold’ and ‘withholding’ poses a rescission of funding under this part, the House may introduce the required bill in apply to any executive action or inaction OMB may, subject to the time limits pro- the required form on the fifth or sixth day of that precludes the obligation of funding at a vided in subsection (c), temporarily withhold session of the House after its transmittal. If time when it would otherwise have been that funding from obligation. such an expedited rescission bill is intro- available to an agency for obligation. The ‘‘(b) EXPEDITED PROCEDURES AVAILABLE duced in accordance with the preceding sen- terms do not include administrative or pre- ONLY ONCE PER BILL.—The President may tence, it shall be referred to the House com- paratory actions undertaken prior to obliga- not invoke the procedures of this part, or the mittee of jurisdiction. A copy of the intro- tion in the normal course of implementing authority to withhold funding granted by duced House bill shall be transmitted to the budget laws. subsection (a), on more than 1 occasion for Secretary of the Senate, who shall provide it ‘‘SEC. 1023. TIMING AND PACKAGING OF RESCIS- any Act providing funding. to the Senate committee of jurisdiction. SION REQUESTS. ‘‘(c) TIME LIMITS.—OMB shall make avail- ‘‘(c) HOUSE REPORT AND CONSIDERATION OF ‘‘(a) TIMING.—If the President proposes able for obligation any funding withheld LEGISLATION TO ENACT A PACKAGE OF EXPE- that Congress rescind funding under the pro- under subsection (a) on the earliest of— DITED RESCISSIONS.—The House committee of cedures in this part, OMB shall transmit a ‘‘(1) the day on which the President deter- jurisdiction shall report without amendment message to Congress containing the informa- mines that the continued withholding or re- the bill referred to it under subsection (b)

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not more than 5 days of session of the House the bill reported favorably, unfavorably, or (b) TABLE OF CONTENTS.—Section 1(b) of after the referral. The committee may order without recommendation. the Congressional Budget and Impoundment the bill reported favorably, unfavorably, or ‘‘(3) DISCHARGE.—If the committee has not Control Act of 1974 is amended by inserting without recommendation. If the committee reported the bill by the end of the 3-day pe- at the end of the matter for part A of title X has not reported the bill by the end of the 5- riod, the committee shall be automatically the following: day period, the committee shall be auto- discharged from further consideration of the ‘‘Sec. 1002. Severability.’’. matically discharged from further consider- bill and it shall be placed on the appropriate SEC. 1205. EXPIRATION. ation of the bill and it shall be placed on the calendar. Part C of the Impoundment Control Act of appropriate calendar. ‘‘(4) MOTION TO PROCEED.—On the following 1974 (as amended by this Act) shall expire on ‘‘(d) HOUSE MOTION TO PROCEED.— day and for 3 subsequent calendar days in December 31, 2015. ‘‘(1) IN GENERAL.—After a bill to enact an which the Senate is in session, it shall be in DIVISION B—TAX REFORM expedited rescission package has been re- order for any Senator to move to proceed to TITLE I—TAX REFORM FOR FAMILIES AND ported or the committee of jurisdiction has consider the bill in the Senate. Upon such a SMALL BUSINESSES been discharged under subsection (c), it shall motion being made, it shall be deemed to SEC. 2101. TAX REFORM FOR FAMILIES AND be in order to move to proceed to consider have been agreed to and the motion to recon- SMALL BUSINESSES. the bill in the House. A Member who wishes sider shall be deemed to have been laid on (a) IN GENERAL.—The Committee on Fi- to move to proceed to consideration of the the table. nance of the Senate and the Committee on bill shall announce that fact, and the motion ‘‘(5) DEBATE.—Debate on the bill in the Ways and Means of the House of Representa- to proceed shall be in order only during a Senate under this subsection, and all debat- tives shall report legislation that will lower, time designated by the Speaker within the able motions and appeals in connection consolidate, and simplify the individual in- legislative schedule for the next calendar therewith, shall not exceed 10 hours, equally come tax system, with not more than 3 tax day of legislative session or the one imme- divided and controlled in the usual form. De- rates, the highest being 25 percent. Such leg- diately following it. bate in the Senate on any debatable motion islation shall be reported not later than 60 ‘‘(2) FAILURE TO SET TIME.—If the Speaker or appeal in connection with such a bill shall days after the date of the enactment of this does not designate a time under paragraph be limited to not more than 1 hour, to be Act and shall be revenue neutral as scored by (1), 3 or more calendar days of legislative ses- equally divided and controlled in the usual the Joint Committee on Taxation using a sion after the bill has been reported or dis- form. A motion to further limit debate on current policy baseline. charged, it shall be in order for any Member such a bill is not debatable. (b) LEGISLATION GOALS.—Such reported to move to proceed to consider the bill. ‘‘(6) MOTIONS NOT IN ORDER.—A motion to legislation shall be required to achieve the ‘‘(3) PROCEDURE.—A motion to proceed amend such a bill or strike a provision from following: under this subsection shall not be in order it is not in order. A motion to recommit (1) REDUCED TAX LIABILITY.—Lower the after the House has disposed of a prior mo- such a bill is not in order. overall tax burden for the majority of Amer- tion to proceed with respect to that package ‘‘(g) SENATE POINT OF ORDER.—It shall not ican individual taxpayers. of expedited rescissions. The previous ques- be in order under this part for the Senate to (2) SIMPLIFICATION.—Close tax loopholes tion shall be considered as ordered on the consider a bill approved by the House enact- and eliminate frivolous deductions and cer- motion to proceed, without intervening mo- ing a package of rescissions under this part tain tax credits, at the discretion of each tion. A motion to reconsider the vote by if any numbered rescission in the bill would Committee, in order to reduce tax expendi- which the motion to proceed has been dis- enact matter not requested by the President tures and simplify the tax code. posed of shall not be in order. or not permitted under this Act as part of (3) CONSOLIDATION.—Provide necessary ‘‘(4) REMOVAL FROM CALENDAR.—If 5 cal- that package. If a point of order under this changes in order to consolidate the indi- endar days of legislative session have passed subsection is sustained, the bill may not be vidual income tax system consistent with since the bill was reported or discharged considered under this part.’’. the tax rates specified in subsection (a). under this subsection and no Member has SEC. 1203. TECHNICAL AND CONFORMING (4) STANDARD DEDUCTION AND PERSONAL EX- made a motion to proceed, the bill shall be AMENDMENTS. EMPTIONS.—Revise the amount provided for removed from the calendar. (a) TABLE OF CONTENTS.—Section 1(b) of the standard deduction and personal exemp- ‘‘(e) HOUSE CONSIDERATION.— the Congressional Budget and Impoundment tions in conjunction with the elimination of ‘‘(1) CONSIDERED AS READ.—A bill con- Control Act of 1974 is amended by striking certain deductions and credits in order to re- sisting of a package of rescissions under this the matter for part C of title X and inserting duce the overall tax liability of the majority part shall be considered as read. the following: of American individual taxpayers. (c) ADDITIONAL CHANGES.—Such Commit- ‘‘(2) POINTS OF ORDER.—All points of order ‘‘PART C—EXPEDITED CONSIDERATION OF tees shall include in such legislation any fur- against the bill are waived, except that a PROPOSED RESCISSIONS ther changes to the individual income tax point of order may be made that 1 or more ‘‘Sec. 1021. Applicability and disclaimer. system in order to ensure tax reductions and numbered rescissions included in the bill ‘‘Sec. 1022. Definitions. simplifications consistent with the goals of would enact language containing matter not ‘‘Sec. 1023. Timing and packaging of rescis- this Act. requested by the President or not permitted sion requests. under this part as part of that package. If ‘‘Sec. 1024. Requests to rescind funding. TITLE II—TAX REFORM FOR EMPLOYERS the Presiding Officer sustains such a point of ‘‘Sec. 1025. Grants of and limitations on SEC. 2201. REDUCTION IN CORPORATE INCOME order, the numbered rescission or rescissions presidential authority. TAX RATES AND REFORM OF BUSI- that would enact such language are deemed ‘‘Sec. 1026. Congressional consideration of NESS TAX. (a) IN GENERAL.—The Committee on Fi- to be automatically stripped from the bill rescission requests.’’. nance of the Senate and the Committee on and consideration proceeds on the bill as (b) TEMPORARY WITHHOLDING.—Section Ways and Means of the House of Representa- modified. 1013(c) of the Impoundment Control Act of tives shall report legislation that will lower, REVIOUS QUESTION.—The previous 1974 is amended by striking ‘‘section 1012’’ ‘‘(3) P consolidate, and simplify the corporate in- question shall be considered as ordered on and inserting ‘‘section 1012 or section 1025’’. come tax system, with a top tax rate of 25 (c) RULEMAKING.— the bill to its passage without intervening percent and a consolidation of the system (1) 904(a).—Section 904(a) of the Congres- motion, except that 4 hours of debate equally into 2 tax rates. Such legislation shall be re- divided and controlled by a proponent and an sional Budget Act of 1974 is amended by ported not later than 60 days after the date opponent are allowed, as well as 1 motion to striking ‘‘and 1017’’ and inserting ‘‘1017, and of the enactment of this Act and shall be further limit debate on the bill. 1026’’. revenue neutral as scored by the Joint Com- ‘‘(4) MOTION TO RECONSIDER.—A motion to (2) 904(d)(1).—Section 904(d)(1) of the Con- mittee on Taxation using a current policy reconsider the vote on passage of the bill gressional Budget Act of 1974 is amended by baseline. shall not be in order. striking ‘‘1017’’ and inserting ‘‘1017 or 1026’’. (b) LEGISLATION GOALS.—Such reported ‘‘(f) SENATE CONSIDERATION.— SEC. 1204. AMENDMENTS TO PART A OF THE IM- legislation shall be required to achieve the ‘‘(1) REFERRAL.—If the House of Represent- POUNDMENT CONTROL ACT. following: atives approves a House bill enacting a pack- (a) IN GENERAL.—Part A of the Impound- (1) REDUCED TAX LIABILITY.—Lower the age of rescissions, that bill as passed by the ment Control Act of 1974 is amended by in- overall tax rates for American corporations House shall be sent to the Senate and re- serting at the end the following: and businesses. ferred to the Senate committee of jurisdic- ‘‘SEC. 1002. SEVERABILITY. (2) SIMPLIFICATION.—Close tax loopholes tion. ‘‘If the judicial branch of the United States and eliminate industry specific deductions ‘‘(2) COMMITTEE ACTION.—The committee of finally determines that 1 or more of the pro- and certain tax credits, including the elimi- jurisdiction shall report without amendment visions of parts B or C violate the Constitu- nation of industry specific taxes, at the dis- the bill referred to it under this subsection tion of the United States, the remaining pro- cretion of each Committee, in order to re- not later than 3 days of session of the Senate visions of those parts shall continue in ef- duce tax expenditures and simplify the tax after the referral. The committee may order fect.’’. code.

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(3) TERRITORIAL TAX SYSTEM.—Establish- Pay-As-You-Go Act of 2010, shall be deter- SEC. 3203. DEFINITIONS. ment of a territorial tax system, including mined by reference to the latest statement In this title: strong incentives to repatriate overseas cap- titled ‘‘Budgetary Effects of PAYGO Legisla- (1) ALTERNATIVE DISPUTE RESOLUTION SYS- ital, in lieu of the current worldwide tax sys- tion’’ for this title, submitted for printing in TEM; ADR.—The term ‘‘alternative dispute tem. the Congressional Record by the Chairman of resolution system’’ or ‘‘ADR’’ means a sys- (4) CONSOLIDATION.—Provide necessary the Committee on the Budget of the House of tem that provides for the resolution of changes in order to consolidate the corporate Representatives, as long as such statement health care lawsuits in a manner other than income tax system with a total of two tax has been submitted prior to the vote on pas- through a civil action brought in a State or rates, the top tax rate of 25 percent and a sage of this title. Federal court. lower tax rate as determined by the Commit- TITLE II—MEDICAL CARE ACCESS (2) CLAIMANT.—The term ‘‘claimant’’ tees as specified in subsection (a). PROTECTION ACT OF 2011 means any person who brings a health care (c) ADDITIONAL CHANGES.—Such Commit- SEC. 3201. SHORT TITLE. lawsuit, including a person who asserts or tees shall include in such legislation any fur- This title may be cited as the ‘‘Medical claims a right to legal or equitable contribu- ther changes to the corporate income tax Care Access Protection Act of 2011’’ or the tion, indemnity or subrogation, arising out system in order to ensure tax reductions and ‘‘MCAP Act’’. of a health care liability claim or action, and simplifications consistent with the goals of SEC. 3202. FINDINGS AND PURPOSE. any person on whose behalf such a claim is this Act. (a) FINDINGS.— asserted or such an action is brought, wheth- TITLE III—WITHHOLDING TAX RELIEF (1) EFFECT ON HEALTH CARE ACCESS AND er deceased, incompetent, or a minor. ACT OF 2011 COSTS.—Congress finds that our current civil (3) COLLATERAL SOURCE BENEFITS.—The SEC. 2301. SHORT TITLE. justice system is adversely affecting patient term ‘‘collateral source benefits’’ means any This title may be cited as the ‘‘With- access to health care services, better patient amount paid or reasonably likely to be paid holding Tax Relief Act of 2011’’. care, and cost-efficient health care, in that in the future to or on behalf of the claimant, SEC. 2302. REPEAL OF IMPOSITION OF WITH- the health care liability system is a costly or any service, product or other benefit pro- HOLDING ON CERTAIN PAYMENTS and ineffective mechanism for resolving vided or reasonably likely to be provided in MADE TO VENDORS BY GOVERN- claims of health care liability and compen- the future to or on behalf of the claimant, as MENT ENTITIES. sating injured patients, and is a deterrent to a result of the injury or wrongful death, pur- The amendment made by section 511 of the the sharing of information among health suant to— Tax Increase Prevention and Reconciliation care professionals which impedes efforts to (A) any State or Federal health, sickness, Act of 2005 is repealed and the Internal Rev- improve patient safety and quality of care. income-disability, accident, or workers’ enue Code of 1986 shall be applied as if such (2) EFFECT ON INTERSTATE COMMERCE.—Con- compensation law; amendment had never been enacted. gress finds that the health care and insur- (B) any health, sickness, income-disability, SEC. 2303. RESCISSION OF UNSPENT FEDERAL ance industries are industries affecting or accident insurance that provides health FUNDS TO OFFSET LOSS IN REVE- interstate commerce and the health care li- benefits or income-disability coverage; NUES. ability litigation systems existing through- (C) any contract or agreement of any (a) IN GENERAL.—Notwithstanding any group, organization, partnership, or corpora- other provision of law, of all available unob- out the United States are activities that af- tion to provide, pay for, or reimburse the ligated funds, $39,000,000,000 in appropriated fect interstate commerce by contributing to cost of medical, hospital, dental, or income discretionary funds are hereby permanently the high costs of health care and premiums disability benefits; and rescinded. for health care liability insurance purchased (D) any other publicly or privately funded (b) IMPLEMENTATION.—The Director of the by health care system providers. Office of Management and Budget shall de- (3) EFFECT ON FEDERAL SPENDING.—Con- program. termine and identify from which appropria- gress finds that the health care liability liti- (4) COMPENSATORY DAMAGES.—The term tion accounts the rescission under sub- gation systems existing throughout the ‘‘compensatory damages’’ means objectively section (a) shall apply and the amount of United States have a significant effect on verifiable monetary losses incurred as a re- such rescission that shall apply to each such the amount, distribution, and use of Federal sult of the provision of, use of, or payment account. Not later than 60 days after the funds because of— for (or failure to provide, use, or pay for) date of the enactment of this Act, the Direc- (A) the large number of individuals who re- health care services or medical products, tor of the Office of Management and Budget ceive health care benefits under programs such as past and future medical expenses, shall submit a report to the Secretary of the operated or financed by the Federal Govern- loss of past and future earnings, cost of ob- Treasury and Congress of the accounts and ment; taining domestic services, loss of employ- amounts determined and identified for re- (B) the large number of individuals who ment, and loss of business or employment scission under the preceding sentence. benefit because of the exclusion from Fed- opportunities, damages for physical and (c) EXCEPTION.—This section shall not eral taxes of the amounts spent to provide emotional pain, suffering, inconvenience, apply to the unobligated funds of the Depart- them with health insurance benefits; and physical impairment, mental anguish, dis- ment of Defense or the Department of Vet- (C) the large number of health care pro- figurement, loss of enjoyment of life, loss of erans Affairs. viders who provide items or services for society and companionship, loss of consor- DIVISION C—REGULATION REFORM which the Federal Government makes pay- tium (other than loss of domestic service), hedonic damages, injury to reputation, and TITLE I—REPEALING THE JOB-KILLING ments. (b) PURPOSE.—It is the purpose of this title all other nonpecuniary losses of any kind or HEALTH CARE LAW ACT is to implement reasonable, comprehensive, nature. Such term includes economic dam- SEC. 3101. REPEAL OF THE JOB-KILLING HEALTH and effective health care liability reforms ages and noneconomic damages, as such CARE LAW AND HEALTH CARE-RE- designed to— terms are defined in this section. LATED PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILI- (1) improve the availability of health care (5) CONTINGENT FEE.—The term ‘‘contin- ATION ACT OF 2010. services in cases in which health care liabil- gent fee’’ includes all compensation to any (a) JOB-KILLING HEALTH CARE LAW.—Effec- ity actions have been shown to be a factor in person or persons which is payable only if a tive as of the enactment of Public Law 111– the decreased availability of services; recovery is effected on behalf of one or more 148, such Act is repealed, and the provisions (2) reduce the incidence of ‘‘defensive medi- claimants. of law amended or repealed by such Act are cine’’ and lower the cost of health care li- (6) ECONOMIC DAMAGES.—The term ‘‘eco- restored or revived as if such Act had not ability insurance, all of which contribute to nomic damages’’ means objectively been enacted. the escalation of health care costs; verifiable monetary losses incurred as a re- (b) HEALTH CARE-RELATED PROVISIONS IN (3) ensure that persons with meritorious sult of the provision of, use of, or payment THE HEALTH CARE AND EDUCATION RECONCILI- health care injury claims receive fair and for (or failure to provide, use, or pay for) ATION ACT OF 2010.—Effective as of the enact- adequate compensation, including reason- health care services or medical products, ment of the Health Care and Education Rec- able noneconomic damages; such as past and future medical expenses, onciliation Act of 2010 (Public Law 111–152), (4) improve the fairness and cost-effective- loss of past and future earnings, cost of ob- title I and subtitle B of title II of such Act ness of our current health care liability sys- taining domestic services, loss of employ- are repealed, and the provisions of law tem to resolve disputes over, and provide ment, and loss of business or employment amended or repealed by such title or sub- compensation for, health care liability by re- opportunities. title, respectively, are restored or revived as ducing uncertainty in the amount of com- (7) HEALTH CARE GOODS OR SERVICES.—The if such title and subtitle had not been en- pensation provided to injured individuals; term ‘‘health care goods or services’’ means acted. and any goods or services provided by a health SEC. 3102. BUDGETARY EFFECTS OF THIS SUB- (5) provide an increased sharing of informa- care institution, provider, or by any indi- TITLE. tion in the health care system which will re- vidual working under the supervision of a The budgetary effects of this title, for the duce unintended injury and improve patient health care provider, that relates to the di- purpose of complying with the Statutory care. agnosis, prevention, care, or treatment of

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16892 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 any human disease or impairment, or the as- convenience, physical impairment, mental repetition of such conduct or comparable sessment of the health of human beings. anguish, disfigurement, loss of enjoyment of conduct by others similarly situated, and to (8) HEALTH CARE INSTITUTION.—The term life, loss of society and companionship, loss compensate the party or parties injured by ‘‘health care institution’’ means any entity of consortium (other than loss of domestic such conduct. licensed under Federal or State law to pro- service), hedonic damages, injury to reputa- SEC. 3205. COMPENSATING PATIENT INJURY. vide health care services (including but not tion, and all other nonpecuniary losses of (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- limited to ambulatory surgical centers, as- any kind or nature. TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- sisted living facilities, emergency medical (15) PUNITIVE DAMAGES.—The term ‘‘puni- SUITS.—In any health care lawsuit, nothing services providers, hospices, hospitals and tive damages’’ means damages awarded, for in this Act shall limit the recovery by a hospital systems, nursing homes, or other the purpose of punishment or deterrence, and claimant of the full amount of the available entities licensed to provide such services). not solely for compensatory purposes, economic damages, notwithstanding the lim- (9) HEALTH CARE LAWSUIT.—The term against a health care provider or health care itation contained in subsection (b). ‘‘health care lawsuit’’ means any health care institution. Punitive damages are neither (b) ADDITIONAL NONECONOMIC DAMAGES.— liability claim concerning the provision of economic nor noneconomic damages. (1) HEALTH CARE PROVIDERS.—In any health health care goods or services affecting inter- (16) RECOVERY.—The term ‘‘recovery’’ care lawsuit where final judgment is ren- state commerce, or any health care liability means the net sum recovered after deducting dered against a health care provider, the action concerning the provision of (or the any disbursements or costs incurred in con- amount of noneconomic damages recovered failure to provide) health care goods or serv- nection with prosecution or settlement of from the provider, if otherwise available ices affecting interstate commerce, brought the claim, including all costs paid or ad- under applicable Federal or State law, may in a State or Federal court or pursuant to an vanced by any person. Costs of health care be as much as $250,000, regardless of the num- alternative dispute resolution system, incurred by the plaintiff and the attorneys’ ber of parties other than a health care insti- against a health care provider or a health office overhead costs or charges for legal tution against whom the action is brought or care institution regardless of the theory of services are not deductible disbursements or the number of separate claims or actions liability on which the claim is based, or the costs for such purpose. brought with respect to the same occurrence. (2) HEALTH CARE INSTITUTIONS.— number of claimants, plaintiffs, defendants, (17) STATE.—The term ‘‘State’’ means each (A) SINGLE INSTITUTION.—In any health or other parties, or the number of claims or of the several States, the District of Colum- care lawsuit where final judgment is ren- causes of action, in which the claimant al- bia, the Commonwealth of Puerto Rico, the dered against a single health care institu- leges a health care liability claim. Virgin Islands, Guam, American Samoa, the tion, the amount of noneconomic damages (10) HEALTH CARE LIABILITY ACTION.—The Northern Mariana Islands, the Trust Terri- recovered from the institution, if otherwise term ‘‘health care liability action’’ means a tory of the Pacific Islands, and any other available under applicable Federal or State civil action brought in a State or Federal territory or possession of the United States, law, may be as much as $250,000, regardless of Court or pursuant to an alternative dispute or any political subdivision thereof. the number of parties against whom the ac- resolution system, against a health care pro- SEC. 3204. ENCOURAGING SPEEDY RESOLUTION tion is brought or the number of separate vider or a health care institution regardless OF CLAIMS. claims or actions brought with respect to the of the theory of liability on which the claim (a) IN GENERAL.—Except as otherwise pro- same occurrence. is based, or the number of plaintiffs, defend- vided for in this section, the time for the (B) MULTIPLE INSTITUTIONS.—In any health ants, or other parties, or the number of commencement of a health care lawsuit care lawsuit where final judgment is ren- causes of action, in which the claimant al- shall be 3 years after the date of manifesta- dered against more than one health care in- leges a health care liability claim. tion of injury or 1 year after the claimant stitution, the amount of noneconomic dam- (11) HEALTH CARE LIABILITY CLAIM.—The discovers, or through the use of reasonable ages recovered from each institution, if oth- term ‘‘health care liability claim’’ means a diligence should have discovered, the injury, erwise available under applicable Federal or demand by any person, whether or not pursu- whichever occurs first. State law, may be as much as $250,000, re- ant to ADR, against a health care provider (b) GENERAL EXCEPTION.—The time for the gardless of the number of parties against or health care institution, including third- commencement of a health care lawsuit whom the action is brought or the number of party claims, cross-claims, counter-claims, shall not exceed 3 years after the date of separate claims or actions brought with re- or contribution claims, which are based upon manifestation of injury unless the tolling of spect to the same occurrence, except that the provision of, use of, or payment for (or time was delayed as a result of— the total amount recovered from all such in- the failure to provide, use, or pay for) health (1) fraud; stitutions in such lawsuit shall not exceed care services, regardless of the theory of li- (2) intentional concealment; or $500,000. ability on which the claim is based, or the (3) the presence of a foreign body, which (c) NO DISCOUNT OF AWARD FOR NON- number of plaintiffs, defendants, or other has no therapeutic or diagnostic purpose or ECONOMIC DAMAGES.—In any health care law- parties, or the number of causes of action. effect, in the person of the injured person. suit— (12) HEALTH CARE PROVIDER.— (c) MINORS.—An action by a minor shall be (1) an award for future noneconomic dam- (A) IN GENERAL.—The term ‘‘health care commenced within 3 years from the date of ages shall not be discounted to present provider’’ means any person (including but the alleged manifestation of injury except value; not limited to a physician (as defined by sec- that if such minor is under the full age of 6 (2) the jury shall not be informed about the tion 1861(r) of the Social Security Act (42 years, such action shall be commenced with- maximum award for noneconomic damages U.S.C. 1395x(r)), registered nurse, dentist, po- in 3 years of the manifestation of injury, or under subsection (b); diatrist, pharmacist, chiropractor, or optom- prior to the eighth birthday of the minor, (3) an award for noneconomic damages in etrist) required by State or Federal law to be whichever provides a longer period. Such excess of the limitations provided for in sub- licensed, registered, or certified to provide time limitation shall be tolled for minors for section (b) shall be reduced either before the health care services, and being either so li- any period during which a parent or guard- entry of judgment, or by amendment of the censed, registered, or certified, or exempted ian and a health care provider or health care judgment after entry of judgment, and such from such requirement by other statute or institution have committed fraud or collu- reduction shall be made before accounting regulation. sion in the failure to bring an action on be- for any other reduction in damages required (B) TREATMENT OF CERTAIN PROFESSIONAL half of the injured minor. by law; and ASSOCIATIONS.—For purposes of this Act, a (d) RULE 11 SANCTIONS.—Whenever a Fed- (4) if separate awards are rendered for past professional association that is organized eral or State court determines (whether by and future noneconomic damages and the under State law by an individual physician motion of the parties or whether on the mo- combined awards exceed the limitations de- or group of physicians, a partnership or lim- tion of the court) that there has been a vio- scribed in subsection (b), the future non- ited liability partnership formed by a group lation of Rule 11 of the Federal Rules of Civil economic damages shall be reduced first. of physicians, a nonprofit health corporation Procedure (or a similar violation of applica- (d) FAIR SHARE RULE.—In any health care certified under State law, or a company ble State court rules) in a health care liabil- lawsuit, each party shall be liable for that formed by a group of physicians under State ity action to which this Act applies, the party’s several share of any damages only law shall be treated as a health care provider court shall impose upon the attorneys, law and not for the share of any other person. under subparagraph (A). firms, or pro se litigants that have violated Each party shall be liable only for the (13) MALICIOUS INTENT TO INJURE.—The Rule 11 or are responsible for the violation, amount of damages allocated to such party term ‘‘malicious intent to injure’’ means in- an appropriate sanction, which shall include in direct proportion to such party’s percent- tentionally causing or attempting to cause an order to pay the other party or parties for age of responsibility. A separate judgment physical injury other than providing health the reasonable expenses incurred as a direct shall be rendered against each such party for care goods or services. result of the filing of the pleading, motion, the amount allocated to such party. For pur- (14) NONECONOMIC DAMAGES.—The term or other paper that is the subject of the vio- poses of this section, the trier of fact shall ‘‘noneconomic damages’’ means damages for lation, including a reasonable attorneys’ fee. determine the proportion of responsibility of physical and emotional pain, suffering, in- Such sanction shall be sufficient to deter each party for the claimant’s harm.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16893 SEC. 3206. MAXIMIZING PATIENT RECOVERY. showing that the standards of care and prac- case may be, by such party, of the kind caus- (a) COURT SUPERVISION OF SHARE OF DAM- tice in the two specialty or subspecialty ing the harm complained of by the claimant; AGES ACTUALLY PAID TO CLAIMANTS.— fields are similar. (E) any criminal penalties imposed on such (1) IN GENERAL.—In any health care law- (4) LIMITATION.—The limitations in this party, as a result of the conduct complained suit, the court shall supervise the arrange- subsection shall not apply to expert wit- of by the claimant; and ments for payment of damages to protect nesses testifying as to the degree or perma- (F) the amount of any civil fines assessed against conflicts of interest that may have nency of medical or physical impairment. against such party as a result of the conduct the effect of reducing the amount of damages SEC. 3207. ADDITIONAL HEALTH BENEFITS. complained of by the claimant. awarded that are actually paid to claimants. (a) IN GENERAL.—The amount of any dam- (2) MAXIMUM AWARD.—The amount of puni- (2) CONTINGENCY FEES.— ages received by a claimant in any health tive damages awarded in a health care law- (A) IN GENERAL.—In any health care law- care lawsuit shall be reduced by the court by suit may not exceed an amount equal to two suit in which the attorney for a party claims the amount of any collateral source benefits times the amount of economic damages a financial stake in the outcome by virtue of to which the claimant is entitled, less any awarded in the lawsuit or $250,000, whichever a contingent fee, the court shall have the insurance premiums or other payments made is greater. The jury shall not be informed of power to restrict the payment of a claim- by the claimant (or by the spouse, parent, the limitation under the preceding sentence. ant’s damage recovery to such attorney, and child, or legal guardian of the claimant) to (c) LIABILITY OF HEALTH CARE PROVIDERS.— to redirect such damages to the claimant obtain or secure such benefits. (1) IN GENERAL.—A health care provider based upon the interests of justice and prin- (b) PRESERVATION OF CURRENT LAW.— who prescribes, or who dispenses pursuant to ciples of equity. Where a payor of collateral source benefits a prescription, a drug, biological product, or has a right of recovery by reimbursement or (B) LIMITATION.—The total of all contin- medical device approved by the Food and gent fees for representing all claimants in a subrogation and such right is permitted Drug Administration, for an approved indica- health care lawsuit shall not exceed the fol- under Federal or State law, subsection (a) tion of the drug, biological product, or med- shall not apply. lowing limits: ical device, shall not be named as a party to (c) APPLICATION OF PROVISION.—This sec- a product liability lawsuit invoking such (i) Forty percent of the first $50,000 recov- tion shall apply to any health care lawsuit ered by the claimant(s). that is settled or resolved by a fact finder. drug, biological product, or medical device (ii) Thirty-three and one-third percent of and shall not be liable to a claimant in a SEC. 3208. PUNITIVE DAMAGES. the next $50,000 recovered by the claimant(s). class action lawsuit against the manufac- (a) PUNITIVE DAMAGES PERMITTED.— (iii) Twenty-five percent of the next turer, distributor, or product seller of such (1) IN GENERAL.—Punitive damages may, if drug, biological product, or medical device. $500,000 recovered by the claimant(s). otherwise available under applicable State (2) MEDICAL PRODUCT.—The term ‘‘medical (iv) Fifteen percent of any amount by or Federal law, be awarded against any per- product’’ means a drug or device intended for which the recovery by the claimant(s) is in son in a health care lawsuit only if it is prov- excess of $600,000. en by clear and convincing evidence that humans. The terms ‘‘drug’’ and ‘‘device’’ (b) APPLICABILITY.— such person acted with malicious intent to have the meanings given such terms in sec- (1) IN GENERAL.—The limitations in sub- injure the claimant, or that such person de- tions 201(g)(1) and 201(h) of the Federal Food, section (a) shall apply whether the recovery liberately failed to avoid unnecessary injury Drug and Cosmetic Act (21 U.S.C. 321), re- is by judgment, settlement, mediation, arbi- that such person knew the claimant was sub- spectively, including any component or raw tration, or any other form of alternative dis- stantially certain to suffer. material used therein, but excluding health pute resolution. (2) FILING OF LAWSUIT.—No demand for pu- care services. (2) MINORS.—In a health care lawsuit in- nitive damages shall be included in a health SEC. 3209. AUTHORIZATION OF PAYMENT OF FU- volving a minor or incompetent person, a care lawsuit as initially filed. A court may TURE DAMAGES TO CLAIMANTS IN court retains the authority to authorize or allow a claimant to file an amended pleading HEALTH CARE LAWSUITS. approve a fee that is less than the maximum for punitive damages only upon a motion by (a) IN GENERAL.—In any health care law- permitted under this section. the claimant and after a finding by the suit, if an award of future damages, without (c) EXPERT WITNESSES.— court, upon review of supporting and oppos- reduction to present value, equaling or ex- (1) REQUIREMENT.—No individual shall be ing affidavits or after a hearing, after weigh- ceeding $50,000 is made against a party with qualified to testify as an expert witness con- ing the evidence, that the claimant has es- sufficient insurance or other assets to fund a cerning issues of negligence in any health tablished by a substantial probability that periodic payment of such a judgment, the care lawsuit against a defendant unless such the claimant will prevail on the claim for court shall, at the request of any party, individual— punitive damages. enter a judgment ordering that the future (A) except as required under paragraph (2), (3) SEPARATE PROCEEDING.—At the request damages be paid by periodic payments in ac- is a health care professional who— of any party in a health care lawsuit, the cordance with the Uniform Periodic Pay- (i) is appropriately credentialed or licensed trier of fact shall consider in a separate pro- ment of Judgments Act promulgated by the in 1 or more States to deliver health care ceeding— National Conference of Commissioners on services; and (A) whether punitive damages are to be Uniform State Laws. (ii) typically treats the diagnosis or condi- awarded and the amount of such award; and (b) APPLICABILITY.—This section applies to tion or provides the type of treatment under (B) the amount of punitive damages fol- all actions which have not been first set for review; and lowing a determination of punitive liability. trial or retrial before the effective date of (B) can demonstrate by competent evi- If a separate proceeding is requested, evi- this Act. dence that, as a result of training, education, dence relevant only to the claim for punitive SEC. 3210. EFFECT ON OTHER LAWS. knowledge, and experience in the evaluation, damages, as determined by applicable State (a) GENERAL VACCINE INJURY.— diagnosis, and treatment of the disease or in- law, shall be inadmissible in any proceeding (1) IN GENERAL.—To the extent that title jury which is the subject matter of the law- to determine whether compensatory dam- XXI of the Public Health Service Act estab- suit against the defendant, the individual ages are to be awarded. lishes a Federal rule of law applicable to a was substantially familiar with applicable (4) LIMITATION WHERE NO COMPENSATORY civil action brought for a vaccine-related in- standards of care and practice as they relate DAMAGES ARE AWARDED.—In any health care jury or death— to the act or omission which is the subject of lawsuit where no judgment for compensatory (A) this Act shall not affect the application the lawsuit on the date of the incident. damages is rendered against a person, no pu- of the rule of law to such an action; and (2) PHYSICIAN REVIEW.—In a health care nitive damages may be awarded with respect (B) any rule of law prescribed by this Act lawsuit, if the claim of the plaintiff involved to the claim in such lawsuit against such in conflict with a rule of law of such title treatment that is recommended or provided person. XXI shall not apply to such action. by a physician (allopathic or osteopathic), an (b) DETERMINING AMOUNT OF PUNITIVE DAM- (2) EXCEPTION.—If there is an aspect of a individual shall not be qualified to be an ex- AGES.— civil action brought for a vaccine-related in- pert witness under this subsection with re- (1) FACTORS CONSIDERED.—In determining jury or death to which a Federal rule of law spect to issues of negligence concerning such the amount of punitive damages under this under title XXI of the Public Health Service treatment unless such individual is a physi- section, the trier of fact shall consider only Act does not apply, then this Act or other- cian. the following: wise applicable law (as determined under (3) SPECIALTIES AND SUBSPECIALTIES.—With (A) the severity of the harm caused by the this Act) will apply to such aspect of such respect to a lawsuit described in paragraph conduct of such party; action. (1), a court shall not permit an expert in one (B) the duration of the conduct or any con- (b) SMALLPOX VACCINE INJURY.— medical specialty or subspecialty to testify cealment of it by such party; (1) IN GENERAL.—To the extent that part C against a defendant in another medical spe- (C) the profitability of the conduct to such of title II of the Public Health Service Act cialty or subspecialty unless, in addition to party; establishes a Federal rule of law applicable a showing of substantial familiarity in ac- (D) the number of products sold or medical to a civil action brought for a smallpox vac- cordance with paragraph (1)(B), there is a procedures rendered for compensation, as the cine-related injury or death—

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16894 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 (A) this Act shall not affect the application date of the enactment of this Act, except ‘‘(ii) the agency’s actions pursuant to title of the rule of law to such an action; and that any health care lawsuit arising from an 5 of the United States Code, sections 603, 604, (B) any rule of law prescribed by this Act injury occurring prior to the date of enact- 605, 607, and 609; in conflict with a rule of law of such part C ment of this title shall be governed by the ‘‘(iii) the agency’s actions pursuant to title shall not apply to such action. applicable statute of limitations provisions 2 of the United States Code, sections 1532, (2) EXCEPTION.—If there is an aspect of a in effect at the time the injury occurred. 1533, 1534, and 1535; and civil action brought for a smallpox vaccine- TITLE III—FINANCIAL TAKEOVER REPEAL ‘‘(iv) any other relevant information or re- related injury or death to which a Federal quirements under any other Act and any rel- SEC. 3301. REPEAL. rule of law under part C of title II of the evant Executive orders. The Dodd-Frank Wall Street Reform and Public Health Service Act does not apply, ‘‘(C) Upon receipt of a report submitted Consumer Protection Act (Public Law 111– then this Act or otherwise applicable law (as under subparagraph (A), each House shall 203) is repealed, and the provisions of law determined under this Act) will apply to provide copies of the report to the chairman amended by such Act are revived or restored such aspect of such action. and ranking member of each standing com- as if such Act had not been enacted. (c) OTHER FEDERAL LAW.—Except as pro- mittee with jurisdiction under the rules of vided in this section, nothing in this Act TITLE IV—REGULATIONS FROM THE EX- the House of Representatives or the Senate shall be deemed to affect any defense avail- ECUTIVE IN NEED OF SCRUTINY (REINS to report a bill to amend the provision of law able, or any limitation on liability that ap- ACT) under which the rule is issued. plies to, a defendant in a health care lawsuit SEC. 3401. SHORT TITLE. ‘‘(2)(A) The Comptroller General shall pro- or action under any other provision of Fed- This title may be cited as ‘‘REINS Act’’. vide a report on each major rule to the com- eral law. mittees of jurisdiction by the end of 15 cal- SEC. 3402. FINDINGS AND PURPOSE. endar days after the submission or publica- SEC. 3211. STATE FLEXIBILITY AND PROTECTION (a) FINDINGS.—Congress finds the fol- OF STATES’ RIGHTS. tion date as provided in section 802(b)(2). The lowing: report of the Comptroller General shall in- (a) HEALTH CARE LAWSUITS.—The provi- (1) Section 1 of article I of the United sions governing health care lawsuits set clude an assessment of the agency’s compli- States Constitution grants all legislative ance with procedural steps required by para- forth in this Act shall preempt, subject to powers to Congress. subsections (b) and (c), State law to the ex- graph (1)(B). (2) Over time, Congress has excessively del- ‘‘(B) Federal agencies shall cooperate with tent that State law prevents the application egated its constitutional charge while failing the Comptroller General by providing infor- of any provisions of law established by or to conduct appropriate oversight and retain mation relevant to the Comptroller Gen- under this Act. The provisions governing accountability for the content of the laws it eral’s report under subparagraph (A). health care lawsuits set forth in this Act su- passes. ‘‘(3) A major rule relating to a report sub- persede chapter 171 of title 28, United States (3) By requiring a vote in Congress, this mitted under paragraph (1) shall take effect Code, to the extent that such chapter— Act will result in more carefully drafted and upon enactment of a joint resolution of ap- (1) provides for a greater amount of dam- detailed legislation, an improved regulatory proval described in section 802 or as provided ages or contingent fees, a longer period in process, and a legislative branch that is for in the rule following enactment of a joint which a health care lawsuit may be com- truly accountable to the people of the United resolution of approval described in section menced, or a reduced applicability or scope States for the laws imposed upon them. 802, whichever is later. of periodic payment of future damages, than (b) PURPOSE.—The purpose of this Act is to ‘‘(4) A nonmajor rule shall take effect as provided in this Act; or increase accountability for and transparency provided by section 803 after submission to (2) prohibits the introduction of evidence in the Federal regulatory process. Congress under paragraph (1). regarding collateral source benefits. SEC. 3403. CONGRESSIONAL REVIEW OF AGENCY ‘‘(5) If a joint resolution of approval relat- (b) PREEMPTION OF CERTAIN STATE LAWS.— RULEMAKING. ing to a major rule is not enacted within the No provision of this Act shall be construed Chapter 8 of title 5, United States Code, is period provided in subsection (b)(2), then a to preempt any State law (whether effective amended to read as follows: joint resolution of approval relating to the before, on, or after the date of the enactment same rule may not be considered under this of this Act) that specifies a particular mone- ‘‘CHAPTER 8—CONGRESSIONAL REVIEW chapter in the same Congress by either the tary amount of compensatory or punitive OF AGENCY RULEMAKING House of Representatives or the Senate. damages (or the total amount of damages) ‘‘Sec. ‘‘(b)(1) A major rule shall not take effect that may be awarded in a health care law- ‘‘801. Congressional review. unless the Congress enacts a joint resolution suit, regardless of whether such monetary ‘‘802. Congressional approval procedure for of approval described under section 802. amount is greater or lesser than is provided major rules. ‘‘(2) If a joint resolution described in sub- for under this Act, notwithstanding section ‘‘803. Congressional disapproval procedure section (a) is not enacted into law by the end 5(a). for nonmajor rules. of 70 session days or legislative days, as ap- (c) PROTECTION OF STATE’S RIGHTS AND ‘‘804. Definitions. plicable, beginning on the date on which the OTHER LAWS.— ‘‘805. Judicial review. report referred to in section 801(a)(1)(A) is re- (1) IN GENERAL.—Any issue that is not gov- ‘‘806. Exemption for monetary policy. ceived by Congress (excluding days either erned by a provision of law established by or ‘‘807. Effective date of certain rules. House of Congress is adjourned for more than under this Act (including the State stand- ‘‘§ 801. Congressional review 3 days during a session of Congress), then the ards of negligence) shall be governed by oth- ‘‘(a)(1)(A) Before a rule may take effect, rule described in that resolution shall be deemed not to be approved and such rule erwise applicable Federal or State law. the Federal agency promulgating such rule shall not take effect. (2) RULE OF CONSTRUCTION.—Nothing in this shall submit to each House of the Congress Act shall be construed to— ‘‘(c)(1) Notwithstanding any other provi- and to the Comptroller General a report con- sion of this section (except subject to para- (A) preempt or supersede any Federal or taining— State law that imposes greater procedural or graph (3)), a major rule may take effect for ‘‘(i) a copy of the rule; one 90-calendar-day period if the President substantive protections (such as a shorter ‘‘(ii) a concise general statement relating statute of limitations) for a health care pro- makes a determination under paragraph (2) to the rule; and submits written notice of such deter- vider or health care institution from liabil- ‘‘(iii) a classification of the rule as a major mination to the Congress. ity, loss, or damages than those provided by or nonmajor rule, including an explanation ‘‘(2) Paragraph (1) applies to a determina- this Act; of the classification specifically addressing tion made by the President by Executive (B) preempt or supercede any State law each criteria for a major rule contained order that the major rule should take effect that permits and provides for the enforce- within sections 804(2)(A), 804(2)(B), and because such rule is— ment of any arbitration agreement related 804(2)(C); ‘‘(A) necessary because of an imminent to a health care liability claim whether en- ‘‘(iv) a list of any other related regulatory threat to health or safety or other emer- acted prior to or after the date of enactment actions intended to implement the same gency; of this Act; statutory provision or regulatory objective ‘‘(B) necessary for the enforcement of (C) create a cause of action that is not oth- as well as the individual and aggregate eco- criminal laws; erwise available under Federal or State law; nomic effects of those actions; and ‘‘(C) necessary for national security; or or ‘‘(v) the proposed effective date of the rule. ‘‘(D) issued pursuant to any statute imple- (D) affect the scope of preemption of any ‘‘(B) On the date of the submission of the menting an international trade agreement. other Federal law. report under subparagraph (A), the Federal ‘‘(3) An exercise by the President of the au- SEC. 3212. APPLICABILITY; EFFECTIVE DATE. agency promulgating the rule shall submit thority under this subsection shall have no This title shall apply to any health care to the Comptroller General and make avail- effect on the procedures under section 802. lawsuit brought in a Federal or State court, able to each House of Congress— ‘‘(d)(1) In addition to the opportunity for or subject to an alternative dispute resolu- ‘‘(i) a complete copy of the cost-benefit review otherwise provided under this chap- tion system, that is initiated on or after the analysis of the rule, if any; ter, in the case of any rule for which a report

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16895 was submitted in accordance with subsection resolution and it shall be placed on the cal- resolution shall be in order. It shall not be in (a)(1)(A) during the period beginning on the endar. A vote on final passage of the resolu- order to reconsider the vote by which a reso- date occurring— tion shall be taken on or before the close of lution is agreed to or disagreed to. ‘‘(A) in the case of the Senate, 60 session the 15th session day after the resolution is ‘‘(C) Motions to postpone, made in the days, or reported by the committee or committees to House of Representatives with respect to the ‘‘(B) in the case of the House of Represent- which it was referred, or after such com- consideration of a resolution, and motions to atives, 60 legislative days, mittee or committees have been discharged proceed to the consideration of other busi- before the date the Congress is scheduled to from further consideration of the resolution. ness, shall be decided without debate. adjourn a session of Congress through the ‘‘(d)(1) In the Senate, when the committee ‘‘(D) All appeals from the decisions of the date on which the same or succeeding Con- or committees to which a joint resolution is Chair relating to the application of the Rules gress first convenes its next session, sections referred have reported, or when a committee of the House of Representatives to the proce- 802 and 803 shall apply to such rule in the or committees are discharged (under sub- dure relating to a resolution shall be decided succeeding session of Congress. section (c)) from further consideration of a without debate. ‘‘(2)(A) In applying sections 802 and 803 for joint resolution described in subsection (a), ‘‘(f) If, before the passage by one House of purposes of such additional review, a rule de- it is at any time thereafter in order (even a joint resolution of that House described in scribed under paragraph (1) shall be treated though a previous motion to the same effect subsection (a), that House receives from the as though— has been disagreed to) for a motion to pro- other House a joint resolution described in ‘‘(i) such rule were published in the Federal ceed to the consideration of the joint resolu- subsection (a), then the following procedures Register on— tion, and all points of order against the joint shall apply with respect to a joint resolution ‘‘(I) in the case of the Senate, the 15th ses- resolution (and against consideration of the described in subsection (a) of the House re- sion day, or joint resolution) are waived. The motion is ceiving the joint resolution— ‘‘(II) in the case of the House of Represent- not subject to amendment, or to a motion to ‘‘(1) the procedure in that House shall be atives, the 15th legislative day, postpone, or to a motion to proceed to the the same as if no joint resolution had been consideration of other business. A motion to received from the other House; but after the succeeding session of Congress first reconsider the vote by which the motion is ‘‘(2) the vote on final passage shall be on convenes; and agreed to or disagreed to shall not be in the joint resolution of the other House. ‘‘(ii) a report on such rule were submitted order. If a motion to proceed to the consider- ‘‘(g) The enactment of a resolution of ap- to Congress under subsection (a)(1) on such ation of the joint resolution is agreed to, the proval does not serve as a grant or modifica- date. joint resolution shall remain the unfinished tion of statutory authority by Congress for ‘‘(B) Nothing in this paragraph shall be business of the Senate until disposed of. the promulgation of a rule, does not extin- construed to affect the requirement under ‘‘(2) In the Senate, debate on the joint res- guish or affect any claim, whether sub- subsection (a)(1) that a report shall be sub- olution, and on all debatable motions and ap- stantive or procedural, against any alleged mitted to Congress before a rule can take ef- peals in connection therewith, shall be lim- defect in a rule, and shall not form part of fect. ited to not more than 2 hours, which shall be the record before the court in any judicial ‘‘(3) A rule described under paragraph (1) divided equally between those favoring and proceeding concerning a rule. shall take effect as otherwise provided by those opposing the joint resolution. A mo- ‘‘(h) This section and section 803 are en- law (including other subsections of this sec- tion to further limit debate is in order and acted by Congress— tion). not debatable. An amendment to, or a mo- ‘‘(1) as an exercise of the rulemaking power ‘‘§ 802. Congressional approval procedure for tion to postpone, or a motion to proceed to of the Senate and House of Representatives, major rules the consideration of other business, or a mo- respectively, and as such it is deemed a part ‘‘(a) For purposes of this section, the term tion to recommit the joint resolution is not of the rules of each House, respectively, but ‘joint resolution’ means only a joint resolu- in order. applicable only with respect to the procedure tion introduced on or after the date on which ‘‘(3) In the Senate, immediately following to be followed in that House in the case of a the report referred to in section 801(a)(1)(A) the conclusion of the debate on a joint reso- joint resolution described in subsection (a), is received by Congress (excluding days ei- lution described in subsection (a), and a sin- and it supersedes other rules only to the ex- ther House of Congress is adjourned for more gle quorum call at the conclusion of the de- tent that it is inconsistent with such rules; than 3 days during a session of Congress), the bate if requested in accordance with the and matter after the resolving clause of which is rules of the Senate, the vote on final passage ‘‘(2) with full recognition of the constitu- as follows: ‘That Congress approves the rule of the joint resolution shall occur. tional right of either House to change the submitted by the l l relating to l l.’ (The ‘‘(4) Appeals from the decisions of the rules (so far as relating to the procedure of blank spaces being appropriately filled in). Chair relating to the application of the rules that House) at any time, in the same man- ‘‘(1) In the House, the majority leader of of the Senate to the procedure relating to a ner, and to the same extent as in the case of the House of Representatives (or his des- joint resolution described in subsection (a) any other rule of that House. ignee) and the minority leader of the House shall be decided without debate. ‘‘§ 803. Congressional disapproval procedure of Representatives (or his designee) shall in- ‘‘(e)(1) In the House of Representatives, if for nonmajor rules troduce such joint resolution described in the committee or committees to which a ‘‘(a) For purposes of this section, the term subsection (a) (by request), within 3 legisla- joint resolution described in subsection (a) ‘joint resolution’ means only a joint resolu- tive days after Congress receives the report has been referred have not reported it at the tion introduced in the period beginning on referred to in section 801(a)(1)(A). end of 15 legislative days after its introduc- the date on which the report referred to in ‘‘(2) In the Senate, the majority leader of tion, such committee or committees shall be section 801(a)(1)(A) is received by Congress the Senate (or his designee) and the minority automatically discharged from further con- and ending 60 days thereafter (excluding leader of the Senate (or his designee) shall sideration of the resolution and it shall be days either House of Congress is adjourned introduce such joint resolution described in placed on the appropriate calendar. A vote for more than 3 days during a session of Con- subsection (a) (by request), within 3 session on final passage of the resolution shall be gress), the matter after the resolving clause days after Congress receives the report re- taken on or before the close of the 15th legis- of which is as follows: ‘That Congress dis- ferred to in section 801(a)(1)(A). lative day after the resolution is reported by approves the nonmajor rule submitted by the ‘‘(b)(1) A joint resolution described in sub- the committee or committees to which it l l relating to l l, and such rule shall section (a) shall be referred to the commit- was referred, or after such committee or have no force or effect.’ (The blank spaces tees in each House of Congress with jurisdic- committees have been discharged from fur- being appropriately filled in). tion under the rules of the House of Rep- ther consideration of the resolution. ‘‘(b)(1) A joint resolution described in sub- resentatives or the Senate to report a bill to ‘‘(2)(A) A motion in the House of Rep- section (a) shall be referred to the commit- amend the provision of law under which the resentatives to proceed to the consideration tees in each House of Congress with jurisdic- rule is issued. of a resolution shall be privileged and not de- tion. ‘‘(2) For purposes of this section, the term batable. An amendment to the motion shall ‘‘(2) For purposes of this section, the term ‘submission date’ means the date on which not be in order, nor shall it be in order to ‘submission or publication date’ means the the Congress receives the report submitted move to reconsider the vote by which the later of the date on which— under section 801(a)(1). motion is agreed to or disagreed to. ‘‘(A) the Congress receives the report sub- ‘‘(c) In the Senate, if the committee or ‘‘(B) Debate in the House of Representa- mitted under section 801(a)(1); or committees to which a joint resolution de- tives on a resolution shall be limited to not ‘‘(B) the nonmajor rule is published in the scribed in subsection (a) has been referred more than two hours, which shall be divided Federal Register, if so published. have not reported it at the end of 15 session equally between those favoring and those op- ‘‘(c) In the Senate, if the committee to days after its introduction, such committee posing the resolution. A motion to further which is referred a joint resolution described or committees shall be automatically dis- limit debate shall not be debatable. No in subsection (a) has not reported such joint charged from further consideration of the amendment to, or motion to recommit, the resolution (or an identical joint resolution)

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16896 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 at the end of 15 session days after the date of ‘‘(1) the term ‘Federal agency’ means any promulgates or is expected to lead to the introduction of the joint resolution, such agency as that term is defined in section promulgation of a final regulation, including committee may be discharged from further 551(1); notices of inquiry, advance notices of pro- consideration of such joint resolution upon a ‘‘(2) the term ‘major rule’ means any rule, posed rulemaking, and notices of proposed petition supported in writing by 30 Members including an interim final rule, that the Ad- rulemaking; of the Senate, and such joint resolution shall ministrator of the Office of Information and (3) the term ‘‘significant regulatory ac- be placed on the calendar. Regulatory Affairs of the Office of Manage- tion’’ means any regulatory action that is ‘‘(d)(1) In the Senate, when the committee ment and Budget finds has resulted in or is likely to result in a rule or guidance that to which a joint resolution is referred has re- likely to result in— may— ported, or when a committee is discharged ‘‘(A) an annual effect on the economy of (A) have an annual effect on the economy (under subsection (c)) from further consider- $100,000,000 or more; of $100,000,000 or more or adversely affect in ation of a joint resolution described in sub- ‘‘(B) a major increase in costs or prices for a material way the economy, a sector of the section (a), it is at any time thereafter in consumers, individual industries, Federal, economy, productivity, competition, jobs, order (even though a previous motion to the State, or local government agencies, or geo- the environment, public health or safety, same effect has been disagreed to) for a mo- graphic regions; or small entities, or State, local, or tribal gov- tion to proceed to the consideration of the ‘‘(C) significant adverse effects on competi- ernments or communities; joint resolution, and all points of order tion, employment, investment, productivity, (B) create a serious inconsistency or other- against the joint resolution (and against innovation, or on the ability of United wise interfere with an action taken or consideration of the joint resolution) are States-based enterprises to compete with planned by another agency; waived. The motion is not subject to amend- foreign-based enterprises in domestic and ex- (C) materially alter the budgetary impact ment, or to a motion to postpone, or to a port markets; of entitlements, grants, user fees, or loan motion to proceed to the consideration of ‘‘(3) the term ‘nonmajor rule’ means any programs or the rights and obligations of re- other business. A motion to reconsider the rule that is not a major rule; and cipients thereof; or vote by which the motion is agreed to or dis- ‘‘(4) the term ‘rule’ has the meaning given (D) raise novel legal or policy issues; and agreed to shall not be in order. If a motion such term in section 551, except that such (4) the term ‘‘small entities’’ has the mean- to proceed to the consideration of the joint term does not include— ing given under section 601(6) of title 5, resolution is agreed to, the joint resolution ‘‘(A) any rule of particular applicability, United States Code. shall remain the unfinished business of the including a rule that approves or prescribes SEC. 3503. SIGNIFICANT REGULATORY ACTIONS. Senate until disposed of. for the future rates, wages, prices, services, (a) IN GENERAL.—No agency may take any ‘‘(2) In the Senate, debate on the joint res- or allowances therefore, corporate or finan- significant regulatory action, until the Bu- olution, and on all debatable motions and ap- cial structures, reorganizations, mergers, or reau of Labor Statistics average of monthly peals in connection therewith, shall be lim- acquisitions thereof, or accounting practices unemployment rates for any quarter begin- ited to not more than 10 hours, which shall or disclosures bearing on any of the fore- ning after the date of enactment of this Act be divided equally between those favoring going; is equal to or less than 7.7 percent. and those opposing the joint resolution. A ‘‘(B) any rule relating to agency manage- (b) DETERMINATION.—The Secretary of motion to further limit debate is in order ment or personnel; or Labor shall submit a report to the Director and not debatable. An amendment to, or a ‘‘(C) any rule of agency organization, pro- of the Office of Management and Budget motion to postpone, or a motion to proceed cedure, or practice that does not substan- whenever the Secretary determines that the to the consideration of other business, or a tially affect the rights or obligations of non- Bureau of Labor Statistics average of motion to recommit the joint resolution is agency parties. monthly unemployment rates for any quar- not in order. ‘‘§ 805. Judicial review ter beginning after the date of enactment of ‘‘(3) In the Senate, immediately following ‘‘(a) No determination, finding, action, or this Act is equal to or less than 7.7 percent. the conclusion of the debate on a joint reso- omission under this chapter shall be subject SEC. 3504. WAIVERS. lution described in subsection (a), and a sin- to judicial review. (a) NATIONAL SECURITY OR NATIONAL EMER- gle quorum call at the conclusion of the de- ‘‘(b) Notwithstanding subsection (a), a GENCY.—The President may waive the appli- bate if requested in accordance with the court may determine whether a Federal cation of section 3 to any significant regu- rules of the Senate, the vote on final passage agency has completed the necessary require- of the joint resolution shall occur. ments under this chapter for a rule to take latory action, if the President— ‘‘(4) Appeals from the decisions of the effect. (1) determines that the waiver is necessary Chair relating to the application of the rules on the basis of national security or a na- ‘‘§ 806. Exemption for monetary policy of the Senate to the procedure relating to a tional emergency; and joint resolution described in subsection (a) ‘‘Nothing in this chapter shall apply to (2) submits notification to Congress of that rules that concern monetary policy proposed shall be decided without debate. waiver and the reasons for that waiver. or implemented by the Board of Governors of ‘‘(e) In the Senate the procedure specified (b) ADDITIONAL WAIVERS.— the Federal Reserve System or the Federal in subsection (c) or (d) shall not apply to the (1) SUBMISSION.—The President may sub- Open Market Committee. consideration of a joint resolution respecting mit a request to Congress for a waiver of the a nonmajor rule— ‘‘§ 807. Effective date of certain rules application of section 3 to any significant ‘‘(1) after the expiration of the 60 session ‘‘Notwithstanding section 801— regulatory action. days beginning with the applicable submis- ‘‘(1) any rule that establishes, modifies, (2) CONTENTS.—A submission under this sion or publication date, or opens, closes, or conducts a regulatory pro- subsection shall include— ‘‘(2) if the report under section 801(a)(1)(A) gram for a commercial, recreational, or sub- (A) an identification of the significant reg- was submitted during the period referred to sistence activity related to hunting, fishing, ulatory action; and in section 801(d)(1), after the expiration of or camping; or (B) the reasons which necessitate a waiver the 60 session days beginning on the 15th ses- ‘‘(2) any rule other than a major rule which for that significant regulatory action. sion day after the succeeding session of Con- an agency for good cause finds (and incor- (3) CONGRESSIONAL ACTION.—Congress shall gress first convenes. porates the finding and a brief statement of give expeditious consideration and take ap- ‘‘(f) If, before the passage by one House of reasons therefore in the rule issued) that no- propriate legislative action with respect to a joint resolution of that House described in tice and public procedure thereon are im- any waiver request submitted under this sub- subsection (a), that House receives from the practicable, unnecessary, or contrary to the section. other House a joint resolution described in public interest, SEC. 3505. JUDICIAL REVIEW. subsection (a), then the following procedures shall take effect at such time as the Federal (a) DEFINITION.—In this section, the term shall apply: agency promulgating the rule determines.’’. ‘‘small business’’ means any business, in- ‘‘(1) The joint resolution of the other TITLE V—REGULATION MORATORIUM cluding an unincorporated business or a sole House shall not be referred to a committee. AND JOBS PRESERVATION ACT proprietorship, that employs not more than ‘‘(2) With respect to a joint resolution de- SEC. 3501. SHORT TITLE. 500 employees or that has a net worth of less scribed in subsection (a) of the House receiv- This title may be cited as the ‘‘Regulation than $7,000,000 on the date a civil action aris- ing the joint resolution— Moratorium and Jobs Preservation Act’’. ing under this Act is filed. ‘‘(A) the procedure in that House shall be SEC. 3502. DEFINITIONS. (b) REVIEW.—Any person that is adversely the same as if no joint resolution had been In this title— affected or aggrieved by any significant reg- received from the other House; but (1) the term ‘‘agency’’ has the meaning ulatory action in violation of this Act is en- ‘‘(B) the vote on final passage shall be on given under section 3502(1) of title 44, United titled to judicial review in accordance with the joint resolution of the other House. States Code; chapter 7 of title 5, United States Code. ‘‘§ 804. Definitions (2) the term ‘‘regulatory action’’ means (c) JURISDICTION.—Each court having juris- ‘‘For purposes of this chapter— any substantive action by an agency that diction to review any significant regulatory

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16897 action for compliance with any other provi- (7) It is the intention of Congress to amend section 212 of the Small Business Regulatory sion of law shall have jurisdiction to review chapter 6 of title 5, United States Code, to Enforcement Fairness Act of 1996 (5 U.S.C. all claims under this Act. ensure that all impacts, including foresee- 601 note). (d) RELIEF.—In granting any relief in any able indirect effects, of proposed and final ‘‘(2) In reviewing rules and small entity civil action under this section, the court rules are considered by agencies during the compliance guides under paragraph (1), the shall order the agency to take corrective ac- rulemaking process and that the agencies as- agency shall determine whether the rules tion consistent with this Act and chapter 7 sess a full range of alternatives that will and guides should— of title 5, United States Code, including re- limit adverse economic consequences, en- ‘‘(A) be amended or rescinded, consistent manding the significant regulatory action to hance economic benefits, and fully address with the stated objectives of applicable stat- the agency and enjoining the application or potential job loss. utes, to minimize any significant adverse enforcement of that significant regulatory SEC. 3603. INCLUDING INDIRECT ECONOMIC IM- economic impacts on a substantial number action, unless the court finds by a preponder- PACT IN SMALL ENTITY ANALYSES. of small entities (including an estimate of ance of the evidence that application or en- Section 601 of title 5, United States Code, any adverse impacts on job creation and em- forcement is required to protect against an is amended by adding at the end the fol- ployment by small entities); or imminent and serious threat to the national lowing: ‘‘(B) continue in effect without change. security from persons or states engaged in ‘‘(9) the term ‘economic impact’ means, ‘‘(3) Each agency shall publish the plan es- hostile or military activities against the with respect to a proposed or final rule— tablished under paragraph (1) in the Federal United States. ‘‘(A) the economic effects on small entities Register and on the Web site of the agency. (e) REASONABLE ATTORNEY FEES FOR SMALL directly regulated by the rule; and ‘‘(4) An agency may amend the plan estab- BUSINESSES.—The court shall award reason- ‘‘(B) the reasonably foreseeable economic lished under paragraph (1) at any time by able attorney fees and costs to a substan- effects of the rule on small entities that— publishing the amendment in the Federal tially prevailing small business in any civil ‘‘(i) purchase products or services from, Register and on the Web site of the agency. ‘‘(b) Each plan established under sub- action arising under this Act. A party quali- sell products or services to, or otherwise con- section (a) shall provide for— fies as substantially prevailing even without duct business with entities directly regu- ‘‘(1) the review of each rule and small enti- obtaining a final judgment in its favor if the lated by the rule; ty compliance guide described in subsection agency changes its position as a result of the ‘‘(ii) are directly regulated by other gov- (a)(1) in effect on the date of enactment of civil action. ernmental entities as a result of the rule; or the Freedom from Restrictive Excessive Ex- (f) LIMITATION ON COMMENCING CIVIL AC- ‘‘(iii) are not directly regulated by the ecutive Demands and Onerous Mandates Act TION.—A person may seek and obtain judicial agency as a result of the rule but are other- of 2011— review during the 1-year period beginning on wise subject to other agency regulations as a ‘‘(A) not later than 9 years after the date of the date of the challenged agency action or result of the rule.’’. publication of the plan in the Federal Reg- within 90 days after an enforcement action SEC. 3604. JUDICIAL REVIEW TO ALLOW SMALL ister; and or notice thereof, except that where another ENTITIES TO CHALLENGE PRO- ‘‘(B) every 9 years thereafter; and provision of law requires that a civil action POSED REGULATIONS. ‘‘(2) the review of each rule adopted and be commenced before the expiration of that Section 611(a) of title 5, United States small entity compliance guide described in 1-year period, such lesser period shall apply. Code, is amended— (1) in paragraph (1), by inserting ‘‘603,’’ subsection (a)(1) that is published after the TITLE VI—FREEDOM FROM RESTRICTIVE after ‘‘601,’’; date of enactment of the Freedom from Re- EXCESSIVE EXECUTIVE DEMANDS AND (2) in paragraph (2), by inserting ‘‘603,’’ strictive Excessive Executive Demands and ONEROUS MANDATES ACT OF 2011 after ‘‘601,’’; Onerous Mandates Act of 2011— SEC. 3601. SHORT TITLE. (3) by striking paragraph (3) and inserting ‘‘(A) not later than 9 years after the publi- This title may be cited as the ‘‘Freedom the following: cation of the final rule in the Federal Reg- from Restrictive Excessive Executive De- ‘‘(3) A small entity may seek such review ister; and mands and Onerous Mandates Act of 2011’’. during the 1-year period beginning on the ‘‘(B) every 9 years thereafter. SEC. 3602. FINDINGS. date of final agency action, except that— ‘‘(c) In reviewing rules under the plan re- Congress finds the following: ‘‘(A) if a provision of law requires that an quired under subsection (a), the agency shall (1) A vibrant and growing small business action challenging a final agency action be consider— sector is critical to the recovery of the econ- commenced before the expiration of 1 year, ‘‘(1) the continued need for the rule; omy of the United States. the lesser period shall apply to an action for ‘‘(2) the nature of complaints received by (2) Regulations designed for application to judicial review under this section; and the agency from small entities concerning large-scale entities have been applied uni- ‘‘(B) in the case of noncompliance with sec- the rule; formly to small businesses and other small tion 603 or 605(b), a small entity may seek ju- ‘‘(3) comments by the Regulatory Enforce- entities, sometimes inhibiting the ability of dicial review of agency compliance with such ment Ombudsman and the Chief Counsel for small entities to create new jobs. section before the close of the public com- Advocacy of the Small Business Administra- (3) Uniform Federal regulatory and report- ment period.’’; and tion; ing requirements in many instances have im- (4) in paragraph (4)— ‘‘(4) the complexity of the rule; posed on small businesses and other small (A) in subparagraph (A), by striking ‘‘, ‘‘(5) the extent to which the rule overlaps, entities unnecessary and disproportionately and’’ and inserting a semicolon; duplicates, or conflicts with other Federal burdensome demands, including legal, ac- (B) in subparagraph (B), by striking the pe- rules and, unless the head of the agency de- counting, and consulting costs, thereby riod and inserting ‘‘; or’’; and termines it to be infeasible, State and local threatening the viability of small entities (C) by adding at the end the following: rules; and the ability of small entities to compete ‘‘(C) issuing an injunction prohibiting an ‘‘(6) the contribution of the rule to the cu- and create new jobs in a global marketplace. agency from taking any agency action with mulative economic impact of all Federal (4) Since 1980, Federal agencies have been respect to a rulemaking until that agency is rules on the class of small entities affected required to recognize and take account of in compliance with the requirements of sec- by the rule, unless the head of the agency de- the differences in the scale and resources of tion 603 or 605.’’. termines that such a calculation cannot be regulated entities, but in many instances SEC. 3605. PERIODIC REVIEW. made; have failed to do so. Section 610 of title 5, United States Code, ‘‘(7) the length of time since the rule has (5) In 2009, there were nearly 70,000 pages in is amended to read as follows: been evaluated, or the degree to which tech- the Federal Register, and, according to re- ‘‘§ 610. Periodic review of rules nology, economic conditions, or other fac- search by the Office of Advocacy of the ‘‘(a)(1) Not later than 180 days after the tors have changed in the area affected by the Small Business Administration, the annual date of enactment of the Freedom from Re- rule; and cost of Federal regulations totals strictive Excessive Executive Demands and ‘‘(8) the economic impact of the rule, in- $1,750,000,000,000. Small firms bear a dis- Onerous Mandates Act of 2011, each agency cluding— proportionate burden, paying approximately shall establish a plan for the periodic review ‘‘(A) the estimated number of small enti- 36 percent more per employee than larger of— ties to which the rule will apply; firms in annual regulatory compliance costs. ‘‘(A) each rule issued by the agency that ‘‘(B) the estimated number of small entity (6) All agencies in the Federal Government the head of the agency determines has a sig- jobs that will be lost or created due to the should fully consider the costs, including in- nificant economic impact on a substantial rule; and direct economic impacts and the potential number of small entities, without regard to ‘‘(C) the projected reporting, record- for job loss, of proposed rules, periodically whether the agency performed an analysis keeping, and other compliance requirements review existing regulations to determine under section 604 with respect to the rule; of the proposed rule, including— their impact on small entities, and repeal and ‘‘(i) an estimate of the classes of small en- regulations that are unnecessarily duplica- ‘‘(B) any small entity compliance guide re- tities that will be subject to the require- tive or have outlived their stated purpose. quired to be published by the agency under ment; and

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16898 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 ‘‘(ii) the type of professional skills nec- SEC. 3606. REQUIRING SMALL BUSINESS REVIEW Bureau of Consumer Financial Protection’’; essary for preparation of the report or PANELS FOR ADDITIONAL AGEN- and record. CIES. (ii) by striking ‘‘the agency’’ and inserting ‘‘(d)(1) Each agency shall submit an annual (a) AGENCIES.—Section 609 of title 5, United ‘‘the Bureau’’. report regarding the results of the review re- States Code, is amended— (3) EFFECTIVE DATE.—The amendments quired under subsection (a) to— (1) in subsection (b)— made by this subsection shall take effect on ‘‘(A) Congress; and (A) by striking ‘‘a covered agency’’ the the date of enactment of this Act and apply ‘‘(B) in the case of an agency that is not an first place it appears and inserting ‘‘an agen- on and after the designated transfer date es- independent regulatory agency (as defined in cy designated under subsection (d)’’; and tablished under section 1062 of Public Law section 3502(5) of title 44), the Administrator (B) by striking ‘‘a covered agency’’ each 111–203 (12 U.S.C. 5582). of the Office of Information and Regulatory place it appears and inserting ‘‘the agency’’; (2) by striking subsection (d), as amended SEC. 3607. EXPANDING THE REGULATORY FLEXI- Affairs of the Office of Management and BILITY ACT TO AGENCY GUIDANCE Budget. by section 1100G(a) of Public Law 111–203 (124 DOCUMENTS. ‘‘(2) Each report required under paragraph Stat. 2112), and inserting the following: Section 601(2) of title 5, United States ‘‘(d)(1)(A) On and after the date of enact- (1) shall include a description of any rule or Code, is amended by inserting after ‘‘public ment of the Freedom from Restrictive Exces- guide with respect to which the agency made comment’’ the following: ‘‘and any signifi- sive Executive Demands and Onerous Man- a determination of infeasibility under para- cant guidance document, as defined in the dates Act of 2011, the Environmental Protec- graph (5) or (6) of subsection (c), together Office of Management and Budget Final Bul- tion Agency and the Occupational Safety with a detailed explanation of the reasons letin for Agency Good Guidance Procedures and Health Administration of the Depart- for the determination. (72 Fed. Reg. 3432; January 25, 2007)’’. ment of Labor shall be— ‘‘(e) Each agency shall publish in the Fed- ‘‘(i) agencies designated under this sub- SEC. 3608. REQUIRING THE INTERNAL REVENUE eral Register and on the Web site of the section; and SERVICE TO CONSIDER SMALL ENTI- agency a list of the rules and small entity TY IMPACT. ‘‘(ii) subject to the requirements of sub- compliance guides to be reviewed under the (a) IN GENERAL.—Section 603(a) of title 5, section (b). plan required under subsection (a) that in- ‘‘(B) On and after the designated transfer United States Code, is amended, in the fifth cludes— date established under section 1062 of Public sentence, by striking ‘‘but only’’ and all that ‘‘(1) a brief description of each rule or Law 111–203 (12 U.S.C. 5582), the Bureau of follows through the period at the end and in- guide; Consumer Financial Protection shall be— serting ‘‘but only to the extent that such in- ‘‘(2) for each rule, the reason why the head ‘‘(i) an agency designated under this sub- terpretative rules, or the statutes upon of the agency determined that the rule has a section; and which such rules are based, impose on small significant economic impact on a substantial ‘‘(ii) subject to the requirements of sub- entities a collection of information require- number of small entities (without regard to section (b). ment or a recordkeeping requirement.’’. whether the agency had prepared a final reg- ‘‘(2) The Chief Counsel for Advocacy shall (b) DEFINITIONS.—Section 601 of title 5, ulatory flexibility analysis for the rule); and designate as agencies that shall be subject to United States Code, as amended by section 3 ‘‘(3) a request for comments from the pub- the requirements of subsection (b) on and of this Act, is amended— lic, the Chief Counsel for Advocacy of the after the date of the designation— (1) in paragraph (6), by striking ‘‘and’’ at Small Business Administration, and the Reg- ‘‘(A) 3 agencies for the first year after the the end; and ulatory Enforcement Ombudsman con- date of enactment of the Freedom from Re- (2) by striking paragraphs (7) and (8) and cerning the enforcement of the rules or pub- strictive Excessive Executive Demands and inserting the following: lication of the guides. Onerous Mandates Act of 2011; ‘‘(7) the term ‘collection of information’ ‘‘(f)(1) Not later than 6 months after each ‘‘(B) in addition to the agencies designated has the meaning given that term in section date described in subsection (b)(1), the In- under subparagraph (A), 3 agencies for the 3502(3) of title 44; spector General for each agency shall— second year after the date of enactment of ‘‘(8) the term ‘recordkeeping requirement’ ‘‘(A) determine whether the agency has the Freedom from Restrictive Excessive Ex- has the meaning given that term in section conducted the review required under sub- ecutive Demands and Onerous Mandates Act 3502(13) of title 44; and’’. section (b) appropriately; and of 2011; and SEC. 3609. REPORTING ON ENFORCEMENT AC- ‘‘(B) notify the head of the agency of— ‘‘(C) in addition to the agencies designated TIONS RELATING TO SMALL ENTI- ‘‘(i) the results of the determination under under subparagraphs (A) and (B), 3 agencies TIES. subparagraph (A); and for the third year after the date of enact- Section 223 of the Small Business Regu- ‘‘(ii) any issues preventing the Inspector ment of the Freedom from Restrictive Exces- latory Enforcement Fairness Act of 1996 (5 General from determining that the agency sive Executive Demands and Onerous Man- U.S.C. 601 note) is amended— has conducted the review under subsection dates Act of 2011. (1) in subsection (a)— (b) appropriately. ‘‘(3) The Chief Counsel for Advocacy shall (A) by striking ‘‘Each agency’’ and insert- ‘‘(2)(A) Not later than 6 months after the designate agencies under paragraph (2) based ing the following: date on which the head of an agency receives on the economic impact of the rules of the ‘‘(1) ESTABLISHMENT OF POLICY OR PRO- a notice under paragraph (1)(B) that the agency on small entities, beginning with GRAM.—Each agency’’; and agency has not conducted the review under agencies with the largest economic impact (B) by adding at the end the following: subsection (b) appropriately, the agency on small entities.’’; and ‘‘(2) REVIEW OF CIVIL PENALTIES.—Not later shall address the issues identified in the no- (3) in subsection (e)(1), by striking ‘‘the than 2 years after the date of enactment of tice. covered agency’’ and inserting ‘‘the agency’’. the Freedom from Restrictive Excessive Ex- ‘‘(B) Not later than 30 days after the last (b) TECHNICAL AND CONFORMING AMEND- ecutive Demands and Onerous Mandates Act day of the 6-month period described in sub- MENTS.— of 2011, and every 2 years thereafter, each paragraph (A), the Inspector General for an (1) SECTION 603.—Section 603(d) of title 5, agency regulating the activities of small en- agency that receives a notice described in United States Code, as added by section tities shall review the civil penalties im- subparagraph (A) shall— 1100G(b) of Public Law 111–203 (124 Stat. 2112), posed by the agency for violations of a statu- ‘‘(i) determine whether the agency has ad- is amended— tory or regulatory requirement by a small dressed the issues identified in the notice; (A) in paragraph (1), by striking ‘‘a covered entity to determine whether a reduction or and agency, as defined in section 609(d)(2)’’ and waiver of the civil penalties is appropriate.’’; ‘‘(ii) notify Congress if the Inspector Gen- inserting ‘‘the Bureau of Consumer Financial and eral determines that the agency has not ad- Protection’’; and (2) in subsection (c)— dressed the issues identified in the notice; (B) in paragraph (2), by striking ‘‘A cov- (A) by striking ‘‘Agencies shall report’’ and and ered agency, as defined in section 609(d)(2),’’ all that follows through ‘‘the scope’’ and in- ‘‘(C) Not later than 30 days after the date and inserting ‘‘The Bureau of Consumer Fi- serting ‘‘Not later than 2 years after the date on which the Inspector General for an agen- nancial Protection’’. of enactment of the Freedom from Restric- cy transmits a notice under subparagraph (2) SECTION 604.—Section 604(a) of title 5, tive Excessive Executive Demands and Oner- (B)(ii), an amount equal to 1 percent of the United States Code, is amended— ous Mandates Act of 2011, and every 2 years amount appropriated for the fiscal year to (A) by redesignating the second paragraph thereafter, each agency shall submit to the the appropriations account of the agency designated as paragraph (6) (relating to cov- Committee on Small Business and Entrepre- that is used to pay salaries shall be re- ered agencies), as added by section neurship and the Committee on Homeland scinded. 1100G(c)(3) of Public Law 111–203 (124 Stat. Security and Governmental Affairs of the ‘‘(D) Nothing in this paragraph may be 2113), as paragraph (7); and Senate and the Committee on Small Busi- construed to prevent Congress from acting to (B) in paragraph (7), as so redesignated— ness and the Committee on the Judiciary of prevent a rescission under subparagraph (i) by striking ‘‘a covered agency, as de- the House of Representatives a report dis- (C).’’. fined in section 609(d)(2)’’ and inserting ‘‘the cussing the scope’’; and

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.001 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16899 (B) by striking ‘‘and the total amount of ‘‘(1) make copies of the final regulatory ‘‘(B) consult with the Chief Counsel for Ad- penalty reductions and waivers’’ and insert- flexibility analysis available to the public, vocacy of the Small Business Administration ing ‘‘the total amount of penalty reductions including by publishing the entire final regu- on the accuracy of the certification and and waivers, and the results of the most re- latory flexibility analysis on the Web site of statement.’’. cent review under subsection (a)(2)’’. the agency; and SEC. 3612. ADDITIONAL POWERS OF THE OFFICE SEC. 3610. REQUIRING MORE DETAILED SMALL ‘‘(2) publish in the Federal Register the OF ADVOCACY. ENTITY ANALYSES. final regulatory flexibility analysis, or a Section 203 of Public Law 94–305 (15 U.S.C. (a) INITIAL REGULATORY FLEXIBILITY ANAL- summary of the analysis that includes the 634c) is amended— YSIS.—Section 603 of title 5, United States telephone number, mailing address, and ad- (1) in paragraph (5), by striking ‘‘and’’ at Code, as amended by section 1100G(b) of Pub- dress of the Web site where the complete the end; lic Law 111–203 (124 Stat. 2112), is amended— final regulatory flexibility analysis may be (2) in paragraph (6), by striking the period (1) by striking subsection (b) and inserting obtained.’’. at the end and inserting ‘‘; and’’; and the following: (c) CROSS-REFERENCES TO OTHER ANAL- (3) by inserting after paragraph (6) the fol- ‘‘(b) Each initial regulatory flexibility YSES.—Section 605(a) of title 5, United States lowing: analysis required under this section shall Code, is amended to read as follows: ‘‘(7) at the discretion of the Chief Counsel contain a detailed statement— ‘‘(a) A Federal agency shall be deemed to for Advocacy, comment on regulatory action ‘‘(1) describing the reasons why action by have satisfied a requirement regarding the by an agency that affects small businesses, the agency is being considered; content of a regulatory flexibility agenda or without regard to whether the agency is re- ‘‘(2) describing the objectives of, and legal regulatory flexibility analysis under section quired to file a notice of proposed rule- basis for, the proposed rule; 602, 603, or 604, if the Federal agency provides making under section 553 of title 5, United ‘‘(3) estimating the number and type of in the agenda or regulatory flexibility anal- States Code, with respect to the action.’’. small entities to which the proposed rule ysis a cross-reference to the specific portion SEC. 3613. FUNDING AND OFFSETS. will apply; of an agenda or analysis that is required by (a) AUTHORIZATION.—There are authorized ‘‘(4) describing the projected reporting, another law and that satisfies the require- to be appropriated to the Small Business Ad- recordkeeping, and other compliance re- ment under section 602, 603, or 604.’’. ministration, for any costs of carrying out (d) CERTIFICATIONS.—Section 605(b) of title quirements of the proposed rule, including this Act and the amendments made by this 5, United States Code, is amended, in the sec- an estimate of the classes of small entities Act (including the costs of hiring additional ond sentence, by striking ‘‘statement pro- which will be subject to the requirement and employees)— viding the factual’’ and inserting ‘‘detailed the type of professional skills necessary for (1) $1,000,000 for fiscal year 2012; statement providing the factual and legal’’. (2) $2,000,000 for fiscal year 2013; and preparation of the report and record; (e) QUANTIFICATION REQUIREMENTS.—Sec- ‘‘(5) describing all relevant Federal rules (3) $3,000,000 for fiscal year 2014. tion 607 of title 5, United States Code, is (b) REPEALS.—In order to offset the costs which may duplicate, overlap, or conflict amended to read as follows: with the proposed rule, or the reasons why of carrying out this Act and the amendments ‘‘§ 607. Quantification requirements such a description could not be provided; and made by this Act and to reduce the Federal ‘‘(6) estimating the additional cumulative ‘‘In complying with sections 603 and 604, an deficit, the following provisions of law are economic impact of the proposed rule on agency shall provide— repealed, effective on the date of enactment of this Act: small entities, including job loss by small ‘‘(1) a quantifiable or numerical descrip- (1) Section 21(n) of the Small Business Act entities, beyond that already imposed on the tion of the effects of the proposed or final (15 U.S.C. 648). class of small entities by the agency, or the rule, including an estimate of the potential (2) Section 27 of the Small Business Act (15 reasons why such an estimate is not avail- for job loss, and alternatives to the proposed U.S.C. 654). able.’’; and or final rule; or (3) Section 1203(c) of the Energy Security (2) by adding at the end the following: ‘‘(2) a more general descriptive statement ‘‘(e) An agency shall notify the Chief Coun- regarding the potential for job loss and a de- and Efficiency Act of 2007 (15 U.S.C. 657h(c)). sel for Advocacy of the Small Business Ad- tailed statement explaining why quantifica- SEC. 3614. TECHNICAL AND CONFORMING AMENDMENTS. ministration of any draft rules that may tion under paragraph (1) is not practicable or (a) HEADING.—Section 605 of title 5, United have a significant economic impact on a sub- reliable.’’. States Code, is amended in the section head- stantial number of small entities— SEC. 3611. ENSURING THAT AGENCIES CONSIDER ing by striking ‘‘Avoidance’’ and all that fol- ‘‘(1) when the agency submits a draft rule SMALL ENTITY IMPACT DURING THE RULEMAKING PROCESS. lows and inserting the following: to the Office of Information and Regulatory Section 605(b) of title 5, United States ‘‘Incorporations by reference and certifi- Affairs of the Office of Management and Code, is amended— cation.’’. Budget under Executive Order 12866, if that (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (b) TABLE OF SECTIONS.—The table of sec- order requires the submission; or (2) by adding at the end the following: tions for chapter 6 of title 5, United States ‘‘(2) if no submission to the Office of Infor- ‘‘(2) If, after publication of the certifi- Code, is amended— mation and Regulatory Affairs is required— cation required under paragraph (1), the head (1) by striking the item relating to section ‘‘(A) a reasonable period before publication of the agency determines that there will be 605 and inserting the following: of the rule by the agency; and a significant economic impact on a substan- ‘‘605. Incorporations by reference and certifi- ‘‘(B) in any event, not later than 3 months tial number of small entities, the agency cations.’’; before the date on which the agency pub- shall comply with the requirements of sec- and lishes the rule.’’. tion 603 before the publication of the final (2) by striking the item relating to section (b) FINAL REGULATORY FLEXIBILITY ANAL- rule, by— 607 inserting the following: YSIS.— ‘‘(A) publishing an initial regulatory flexi- ‘‘607. Quantification requirements.’’. (1) IN GENERAL.—Section 604(a) of title 5, bility analysis for public comment; or TITLE VII—UNFUNDED MANDATES United States Code, is amended— ‘‘(B) re-proposing the rule with an initial ACCOUNTABILITY ACT (A) by inserting ‘‘detailed’’ before ‘‘de- regulatory flexibility analysis. scription’’ each place it appears; ‘‘(3) The head of an agency may not make SEC. 3701. SHORT TITLE. (B) in paragraph (2)— a certification relating to a rule under this This title may be cited as the ‘‘Unfunded (i) by inserting ‘‘detailed’’ before ‘‘state- subsection, unless the head of the agency has Mandates Accountability Act’’. ment’’ each place it appears; and determined— SEC. 3702. FINDINGS. (ii) by inserting ‘‘(or certification of the ‘‘(A) the average cost of the rule for small Congress finds the following: proposed rule under section 605(b))’’ after entities affected or reasonably presumed to (1) The public has a right to know the ben- ‘‘initial regulatory flexibility analysis’’; be affected by the rule; efits and costs of regulation. Effective regu- (C) in paragraph (4), by striking ‘‘an expla- ‘‘(B) the number of small entities affected latory programs provide important benefits nation’’ and inserting ‘‘a detailed expla- or reasonably presumed to be affected by the to the public, including protecting the envi- nation’’; and rule; and ronment, worker safety, and human health. (D) in paragraph (6) (relating to a descrip- ‘‘(C) the number of affected small entities Regulations also impose significant costs on tion of steps taken to minimize significant for which that cost will be significant. individuals, employers, State, local, and economic impact), as added by section 1601 of ‘‘(4) Before publishing a certification and a tribal governments, diverting resources from the Small Business Jobs Act of 2010 (Public statement providing the factual basis for the other important priorities. Law 111–240; 124 Stat. 2251), by inserting ‘‘de- certification under paragraph (1), the head of (2) Better regulatory analysis and review tailed’’ before ‘‘statement’’. an agency shall— should improve the quality of agency deci- (2) PUBLICATION OF ANALYSIS ON WEB SITE, ‘‘(A) transmit a copy of the certification sions, increasing the benefits and reducing ETC.—Section 604(b) of title 5, United States and statement to the Chief Counsel for Advo- unwarranted costs of regulation. Code, is amended to read as follows: cacy of the Small Business Administration; (3) Disclosure and scrutiny of key informa- ‘‘(b) The agency shall— and tion underlying agency decisions should

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16900 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 make Government more accountable to the ‘‘(C) a summary of the agency’s evaluation TITLE VIII—GOVERNMENT LITIGATION public it serves. of those comments and concerns.’’; SAVINGS ACT SEC. 3703. REGULATORY IMPACT ANALYSES FOR (4) in subsection (d) (as redesignated by SEC. 3801. SHORT TITLE. CERTAIN RULES. paragraph (2) of this subsection), by striking This title may be cited as the ‘‘Govern- (a) REGULATORY IMPACT ANALYSES FOR ‘‘subsection (a)’’ and inserting ‘‘subsection ment Litigation Savings Act’’. CERTAIN RULES.—Section 202 of the Unfunded (b)’’; and SEC. 3802. MODIFICATION OF EQUAL ACCESS TO Mandates Reform Act of 1995 (2 U.S.C. 1532) is (5) in subsection (e) (as redesignated by JUSTICE PROVISIONS. amended— paragraph (2) of this subsection), by striking (a) AGENCY PROCEEDINGS.— (1) by striking the section heading and in- ‘‘subsection (a)’’ each place that term ap- (1) ELIGIBILITY PARTIES; ATTORNEY FEES.— serting the following: pears and inserting ‘‘subsection (b)’’. Section 504 of title 5, United States Code, is ‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR (b) TECHNICAL AND CONFORMING AMEND- amended— CERTAIN RULES.’’; MENT.—The table of sections for the Un- (A) in subsection (a)(1), by inserting after (2) by redesignating subsections (b) and (c) funded Mandates Reform Act of 1995 is ‘‘prevailing party’’ the following: ‘‘who has a as subsections (d) and (e), respectively; amended by striking the item relating to direct and personal monetary interest in the (3) by striking subsection (a) and inserting section 202 and inserting the following: adjudication, including because of personal the following: ‘‘Sec. 202. Regulatory impact analyses for injury, property damage, or unpaid agency ‘‘(a) DEFINITION.—In this section, the term certain rules.’’. disbursement,’’; and ‘cost’ means the cost of compliance and any SEC. 3704. LEAST BURDENSOME OPTION OR EX- (B) in subsection (b)(1)— reasonably foreseeable indirect costs, includ- PLANATION REQUIRED. (i) in subparagraph (A)(ii), by striking ing revenues lost as a result of an agency Section 205 of the Unfunded Mandates Re- ‘‘$125 per hour’’ and all that follows through rule subject to this section. form Act of 1995 (2 U.S.C. 1535) is amended by ‘‘a higher fee’’ and inserting ‘‘$175 per hour’’; ‘‘(b) IN GENERAL.—Before promulgating striking section 205 and inserting the fol- and any proposed or final rule that may have an lowing: (ii) in subparagraph (B), by striking ‘‘; ex- annual effect on the economy of $100,000,000 ‘‘SEC. 205. LEAST BURDENSOME OPTION OR EX- cept that’’ and all that follows through ‘‘sec- or more (adjusted for inflation), or that may PLANATION REQUIRED. tion 601’’. ‘‘Before promulgating any proposed or result in the expenditure by State, local, and (2) REDUCTION OR DENIAL OF AWARDS.—Sec- final rule for which a regulatory impact tribal governments, in the aggregate, of tion 504(a)(3) of title 5, United States Code, is analysis is required under section 202, the $100,000,000 or more (adjusted for inflation) in amended in the first sentence— agency shall— any 1 year, each agency shall prepare and (A) by striking ‘‘may reduce the amount to ‘‘(1) identify and consider a reasonable publish in the Federal Register an initial and be awarded, or deny an award,’’ and inserting number of regulatory alternatives within the final regulatory impact analysis. The initial ‘‘shall reduce the amount to be awarded, or range of the agency’s discretion under the regulatory impact analysis shall accompany deny an award, commensurate with pro bono statute authorizing the rule, including alter- the agency’s notice of proposed rulemaking hours and related fees and expenses, or’’; natives required under section 202(b)(1)(B); and shall be open to public comment. The (B) by striking ‘‘unduly and’’; and and final regulatory impact analysis shall ac- (C) by striking ‘‘controversy.’’ and insert- ‘‘(2) from the alternatives described under company the final rule. ing ‘‘controversy or acted in an obdurate, paragraph (1), select the least costly, most ‘‘(c) CONTENT.—The initial and final regu- dilatory, mendacious, or oppressive manner, cost-effective, or least burdensome alter- latory impact analysis under subsection (b) or in bad faith.’’. native that achieves the objectives of the shall include— (3) LIMITATION ON AWARDS.—Section 504(a) statute.’’. ‘‘(1)(A) an analysis of the anticipated bene- of title 5, United States Code, is amended by fits and costs of the rule, which shall be SEC. 3705. INCLUSION OF APPLICATION TO INDE- PENDENT REGULATORY AGENCIES. adding at the end the following: quantified to the extent feasible; ‘‘(5) A party may not receive an award of ‘‘(B) an analysis of the benefits and costs (a) IN GENERAL.—Section 421(1) of the Con- gressional Budget and Impoundment Control fees and other expenses under this section— of a reasonable number of regulatory alter- Act of 1974 (2 U.S.C. 658(1)) is amended by ‘‘(A) in excess of $200,000 in any single ad- natives within the range of the agency’s dis- striking ‘‘, but does not include independent versary adjudication, or cretion under the statute authorizing the regulatory agencies’’. ‘‘(B) for more than 3 adversary adjudica- rule, including alternatives that— (b) EXEMPTION FOR MONETARY POLICY.—The tions initiated in the same calendar year, ‘‘(i) require no action by the Federal Gov- Unfunded Mandates Reform Act of 1995 (2 unless the adjudicative officer of the agency ernment; and U.S.C. 1501 et seq.) is amended by inserting determines that an award exceeding such ‘‘(ii) use incentives and market-based after section 5 the following: limits is required to avoid severe and unjust means to encourage the desired behavior, ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. harm to the prevailing party.’’. provide information upon which choices can ‘‘Nothing in title II, III, or IV shall apply (4) REPORTING IN AGENCY ADJUDICATIONS.— be made by the public, or employ other flexi- to rules that concern monetary policy pro- Section 504 of such title is amended— ble regulatory options that permit the great- posed or implemented by the Board of Gov- (A) in subsection (c)(1), by striking ‘‘, est flexibility in achieving the objectives of ernors of the Federal Reserve System or the United States Code’’; and the statutory provision authorizing the rule; Federal Open Market Committee.’’. (B) by striking subsection (e) and inserting and SEC. 3706. JUDICIAL REVIEW. the following: ‘‘(C) an explanation that the rule meets The Unfunded Mandates Reform Act of 1995 ‘‘(e)(1) The Chairman of the Administra- the requirements of section 205; is amended by striking section 401 (2 U.S.C. tive Conference of the United States shall ‘‘(2) an assessment of the extent to which— 1571) and inserting the following: issue an annual, online report to the Con- ‘‘(A) the costs to State, local and tribal ‘‘SEC. 401. JUDICIAL REVIEW. gress on the amount of fees and other ex- governments may be paid with Federal fi- penses awarded during the preceding fiscal ‘‘(a) IN GENERAL.—For any rule subject to nancial assistance (or otherwise paid for by section 202, a party aggrieved by final agency year pursuant to this section. The report the Federal Government); and action is entitled to judicial review of an shall describe the number, nature, and ‘‘(B) there are available Federal resources agency’s analysis under and compliance with amount of the awards, the nature of and to carry out the rule; sections 202 (b) and (c)(1) and 205. The scope claims involved in each controversy (includ- ‘‘(3) estimates of— of review shall be governed by chapter 7 of ing the law under which the controversy ‘‘(A) any disproportionate budgetary ef- title 5, United States Code. arose), and any other relevant information fects of the rule upon any particular regions ‘‘(b) JURISDICTION.—Each court having ju- that may aid the Congress in evaluating the of the Nation or particular State, local, or risdiction to review a rule subject to section scope and impact of such awards. The report tribal governments, urban or rural or other 202 for compliance with section 553 of title 5, shall be made available to the public online, types of communities, or particular seg- United States Code, or under any other pro- and contain a searchable database of the ments of the private sector; and vision of law, shall have jurisdiction to re- total awards given, and the total number of ‘‘(B) the effect of the rule on job creation view any claims brought under subsection (a) applications for the award of fees and other or job loss, which shall be quantified to the of this section. expenses that were filed, defended, and extent feasible; and ‘‘(c) RELIEF AVAILABLE.—In granting relief heard, and shall include, with respect to each ‘‘(4)(A) a description of the extent of the in an action under this section, the court such application, the following: agency’s prior consultation with elected rep- shall order the agency to take remedial ac- ‘‘(A) The name of the party seeking the resentatives (under section 204) of the af- tion consistent with chapter 7 of title 5, award of fees and other expenses. fected State, local, and tribal governments; United States Code, including remand and ‘‘(B) The agency to which the application ‘‘(B) a summary of the comments and con- vacatur of the rule.’’. for the award was made. cerns that were presented by State, local, or SEC. 3707. EFFECTIVE DATE. ‘‘(C) The names of the administrative law tribal governments either orally or in writ- This title shall take effect 90 days after the judges in the adversary adjudication that is ing to the agency; and date of enactment of this title. the subject of the application.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16901 ‘‘(D) The disposition of the application, in- dilatory, mendacious, or oppressive manner, (B) paragraphs (1) and (2) of subsection (b) cluding any appeal of action taken on the ap- or in bad faith.’’. shall apply with respect to civil actions com- plication. (3) ADJUSTMENT OF ATTORNEY FEES.—Sec- menced on or after such date of enactment. ‘‘(E) The amount of each award. tion 2412(d) of title 28, United States Code, is (2) REPORTING.—The amendments made by ‘‘(F) The hourly rates of expert witnesses amended by adding at the end the following: paragraphs (4) and (5) of subsection (a) and stated in the application that was awarded. ‘‘(5) The Director of the Office of Manage- by paragraphs (3) and (4) of subsection (b) ‘‘(G) With respect to each award of fees and ment and Budget may adjust the maximum shall take effect on the date of the enact- other expenses, the basis for the finding that hourly fee set forth in paragraph (2)(A)(ii) for ment of this Act. the position of the agency concerned was not the fiscal year beginning October 1, 2012, and SEC. 3803. GAO STUDY. substantially justified. for each fiscal year thereafter, to reflect Not later than 30 days after the date of the ‘‘(2)(A) The report under paragraph (1) changes in the Consumer Price Index, as de- enactment of this Act, the Comptroller Gen- shall cover payments of fees and other ex- termined by the Secretary of Labor.’’. eral shall commence an audit of the imple- penses under this section that are made pur- (4) REPORTING.—Section 2412(d) of title 28, mentation of the Equal Access to Justice suant to a settlement agreement, regardless United States Code, is further amended by Act for the years 1995 through the end of the of whether the settlement agreement is oth- adding at the end the following: calendar year in which this Act is enacted. erwise subject to nondisclosure provisions. ‘‘(6)(A) The Chairman of the Administra- The Comptroller General shall, not later ‘‘(B) The disclosure of fees and other ex- tive Conference of the United States shall than 1 year after the end of the calendar penses required under subparagraph (A) does issue an annual, online report to the Con- year in which this Act is enacted, complete not affect any other information that is sub- gress on the amount of fees and other ex- such audit and submit to the Congress a re- ject to nondisclosure provisions in the settle- penses awarded during the preceding fiscal port on the results of the audit. ment agreement.’’. year pursuant to this subsection. The report TITLE IX—EMPLOYMENT PROTECTION (5) ADJUSTMENT OF ATTORNEY FEES.—Sec- shall describe the number, nature, and ACT OF 2011 tion 504 of such title is amended by adding at amount of the awards, the nature of and the end the following: claims involved in each controversy (includ- SEC. 3901. SHORT TITLE. ‘‘(g) The Director of the Office of Manage- ing the law under which the controversy This title may be cited as the ‘‘Employ- ment and Budget may adjust the maximum arose), and any other relevant information ment Protection Act of 2011’’. hourly fee set forth in subsection (b)(1)(A)(ii) that may aid the Congress in evaluating the SEC. 3902. IMPACTS OF EPA REGULATORY ACTIV- for the fiscal year beginning October 1, 2012, scope and impact of such awards. The report ITY ON EMPLOYMENT AND ECO- and for each fiscal year thereafter, to reflect shall be made available to the public online NOMIC ACTIVITY. (a) DEFINITIONS.—In this section: changes in the Consumer Price Index, as de- and shall contain a searchable database of (1) ADMINISTRATOR.—The term ‘‘Adminis- termined by the Secretary of Labor.’’. total awards given and the total number of (b) COURT CASES.— cases filed, defended, or heard, and shall in- trator’’ means the Administrator of the En- (1) ELIGIBILITY PARTIES; ATTORNEY FEES; clude with respect to each such case the fol- vironmental Protection Agency. LIMITATION ON AWARDS.—Section 2412(d) of lowing: (2) DE MINIMIS NEGATIVE IMPACT.—The term title 28, United States Code, is amended— ‘‘(i) The name of the party seeking the ‘‘de minimis negative impact’’ means— (A) in paragraph (1)— award of fees and other expenses in the case. (A) with respect to employment levels, a (i) in subparagraph (A)— ‘‘(ii) The district court hearing the case. loss of more than 100 jobs, subject to the con- (I) by striking ‘‘in any civil action’’ and all ‘‘(iii) The names of the presiding judges in dition that any offsetting job gains that re- that follows through ‘‘jurisdiction of that ac- the case. sult from the hypothetical creation of new tion’’ and inserting ‘‘in the civil action’’; and ‘‘(iv) The agency involved in the case. jobs through new technologies or govern- (II) by striking ‘‘shall award to a pre- ‘‘(v) The disposition of the application for ment employment may not be used to offset vailing party other than the United States’’ fees and other expenses, including any appeal the job loss calculation; and and inserting the following: ‘‘, in any civil of action taken on the application. (B) with respect to economic activity, a de- action (other than cases sounding in tort), ‘‘(vi) The amount of each award. crease in economic activity of more than including proceedings for judicial review of ‘‘(vii) The hourly rates of expert witnesses $1,000,000 during any calendar year, subject agency action, brought by or against the stated in the application that was awarded. to the condition that any offsetting eco- United States in any court having jurisdic- ‘‘(viii) With respect to each award of fees nomic activity that results from the hypo- tion of that action, shall award to a pre- and other expenses, the basis for the finding thetical creation of new economic activity vailing party who has a direct and personal that the position of the agency concerned through new technologies or government em- monetary interest in the civil action, includ- was not substantially justified. ployment may not be used in the economic ing because of personal injury, property ‘‘(B)(i) The report under subparagraph (A) activity calculation. damage, or unpaid agency disbursement, shall cover payments of fees and other ex- (b) ANALYSIS OF IMPACTS OF ACTIONS ON other than the United States,’’; and penses under this subsection that are made EMPLOYMENT AND ECONOMIC ACTIVITY.— (ii) by adding at the end the following: pursuant to a settlement agreement, regard- (1) ANALYSIS.—Prior to promulgating any ‘‘(E) An individual or entity may not re- less of whether the settlement agreement is regulation or other requirement, issuing any ceive an award of fees and other expenses otherwise subject to nondisclosure provi- policy statement, guidance document, or under this subsection in excess of— sions. endangerment finding, implementing any ‘‘(i) $200,000 in any single civil action, or ‘‘(ii) The disclosure of fees and other ex- new or substantially altered program, or de- ‘‘(ii) for more than 3 civil actions initiated penses required under clause (i) does not af- nying any permit, the Administrator shall in the same calendar year, fect any other information that is subject to analyze the impact on employment levels unless the presiding judge determines that nondisclosure provisions in the settlement and economic activity, disaggregated by an award exceeding such limits is required to agreement. State, of the regulation, requirement, policy avoid severe and unjust harm to the pre- ‘‘(C) The Chairman of the Administrative statement, guidance document, vailing party.’’; and Conference shall include in the annual report endangerment finding, program, or permit (B) in paragraph (2)— under subparagraph (A), for each case in denial. (i) in subparagraph (A)(ii), by striking which an award of fees and other expenses is (2) ECONOMIC MODELS.— ‘‘$125 per hour’’ and all that follows through included in the report— (A) IN GENERAL.—In carrying out para- ‘‘a higher fee’’ and inserting ‘‘$175 per hour’’; ‘‘(i) any amounts paid from section 1304 of graph (1), the Administrator shall use the and title 31 for a judgment in the case; best available economic models. (ii) in subparagraph (B), by striking ‘‘; ex- ‘‘(ii) the amount of the award of fees and (B) ANNUAL GAO REPORT.—Not later than cept that’’ and all that follows through ‘‘sec- other expenses; and December 31, 2011, and annually thereafter, tion 601’’. ‘‘(iii) the statute under which the plaintiff the Comptroller General of the United States (2) REDUCTION OR DENIAL OF AWARDS.—Sec- filed suit. shall submit to the Committee on Environ- tion 2412(d)(1)(C) of title 28, United States ‘‘(D) The Attorney General of the United ment and Public Works of the Senate and Code, is amended— States shall provide to the Chairman of the the Committee on Transportation and Infra- (A) by striking ‘‘, in its discretion, may re- Administrative Conference of the United structure of the House of Representatives a duce the amount to be awarded pursuant to States such information as the Chairman re- report on the economic models used by the this subsection, or deny an award,’’ and in- quests to carry out this paragraph.’’. Administrator to carry out this subsection. serting ‘‘shall reduce the amount to be (c) EFFECTIVE DATE.— (3) AVAILABILITY OF INFORMATION.—With re- awarded under this subsection, or deny an (1) MODIFICATIONS TO PROCEDURES.—The spect to any regulation, requirement, policy award, commensurate with pro bono hours amendments made by— statement, guidance document, and related fees and expenses, or’’; (A) paragraphs (1), (2), and (3) of subsection endangerment finding, program, or permit (B) by striking ‘‘unduly and’’; and (a) shall apply with respect to adversary ad- denial, the Administrator shall— (C) by striking ‘‘controversy.’’ and insert- judications commenced on or after the date (A) post the analysis under paragraph (1) ing ‘‘controversy or acted in an obdurate, of the enactment of this Act; and as a link on the main page of the public

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16902 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 Internet website of the Environmental Pro- (2) 7 days before the denial of the permit. judication by the National Labor Relations tection Agency; and TITLE X—FARM DUST REGULATION Board has not been made by the date of en- (B) request that the Governor of any State PREVENTION ACT actment of this Act. experiencing more than a de minimis nega- SEC. 3931. SHORT TITLE. TITLE XII—GOVERNMENT NEUTRALITY IN tive impact post the analysis in the Capitol This title may be cited as the ‘‘Farm Dust CONTRACTING ACT of the State. Regulation Prevention Act’’. SEC. 3971. SHORT TITLE. (4) CLEAN WATER ACT AND OTHER PERMITS.— SEC. 3932. NUISANCE DUST. This title may be cited as the ‘‘Govern- Each analysis under paragraph (1) shall in- Part A of title I of the Clean Air Act (42 ment Neutrality in Contracting Act’’. clude a description of estimated job losses U.S.C. 7401 et seq.) is amended by adding at SEC. 3972. PURPOSES. and decreased economic activity due to the the end the following: It is the purpose of this title to— denial of a permit, including any permit de- ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRI- (1) promote and ensure open competition nied under the Federal Water Pollution Con- MARILY BY STATE, TRIBAL, AND on Federal and federally funded or assisted trol Act (33 U.S.C. 1251 et seq.). LOCAL GOVERNMENTS. construction projects; (c) PUBLIC HEARINGS.— ‘‘(a) DEFINITION OF NUISANCE DUST.—In this (2) maintain Federal Government neu- (1) IN GENERAL.—If the Administrator con- section, the term ‘nuisance dust’ means par- trality towards the labor relations of Federal cludes under subsection (b)(1) that a regula- ticulate matter— Government contractors on Federal and fed- tion, requirement, policy statement, guid- ‘‘(1) generated from natural sources, un- erally funded or assisted construction ance document, endangerment finding, pro- paved roads, agricultural activities, earth projects; gram, or permit denial will have more than moving, or other activities typically con- (3) reduce construction costs to the Fed- a de minimis negative impact on employ- ducted in rural areas; or eral Government and to the taxpayers; ment levels or economic activity in a State, ‘‘(2) consisting primarily of soil, windblown (4) expand job opportunities, especially for the Administrator shall hold a public hear- dust, or other natural or biological mate- small and disadvantaged businesses; and ing in each such State not less than— rials, or some combination of those mate- (5) prevent discrimination against Federal (A) 30 days before the effective date of the rials. Government contractors or their employees regulation, requirement, policy statement, ‘‘(b) APPLICABILITY.—Except as provided in based upon labor affiliation or the lack guidance document, endangerment finding, subsection (c), this Act does not apply to, thereof, thereby promoting the economical, and references in this Act to particulate or program; or nondiscriminatory, and efficient administra- matter are deemed to exclude, nuisance dust. (B) 48 hours before the denial of a permit. tion and completion of Federal and federally ‘‘(c) EXCEPTION.—Subsection (b) does not (2) TIME, LOCATION, AND SELECTION.— funded or assisted construction projects. (A) IN GENERAL.—A public hearing required apply with respect to any geographical area SEC. 3973. PRESERVATION OF OPEN COMPETI- by paragraph (1) shall be held at a conven- in which nuisance dust is not regulated under State, tribal, or local law to the ex- TION AND FEDERAL GOVERNMENT ient time and location for impacted resi- NEUTRALITY. tent that the Administrator finds that— dents. (a) PROHIBITION.— ‘‘(1) nuisance dust (or any subcategory of (B) LOCATION.—In selecting a location for a (1) GENERAL RULE.—The head of each exec- nuisance dust) causes substantial adverse public hearing under subparagraph (A), the utive agency that awards any construction public health and welfare effects at ambient Administrator shall give priority to loca- contract after the date of enactment of this concentrations; and tions in the State that will experience the Act, or that obligates funds pursuant to such ‘‘(2) the benefits of applying standards and greatest number of job losses. a contract, shall ensure that the agency, and other requirements of this Act to nuisance (3) CITIZEN SUITS.— any construction manager acting on behalf dust (or such a subcategory of nuisance dust) (A) IN GENERAL.—If a public hearing is re- of the Federal Government with respect to outweigh the costs (including local and re- quired by paragraph (1) with respect to any such contract, in its bid specifications, gional economic and employment impacts) State, and the Administrator fails to hold project agreements, or other controlling doc- of applying those standards and other re- such a public hearing in accordance with uments does not— quirements to nuisance dust (or such a sub- paragraphs (1) and (2), any resident of the (A) require or prohibit a bidder, offeror, category).’’. State may bring an action in any United contractor, or subcontractor from entering States district court in the State to compel SEC. 3933. TEMPORARY PROHIBITION AGAINST into, or adhering to, agreements with 1 or compliance by the Administrator. REVISING ANY NATIONAL AMBIENT AIR QUALITY STANDARD APPLICA- more labor organization, with respect to (B) RELIEF.—If a resident prevails in an ac- BLE TO COARSE PARTICULATE MAT- that construction project or another related tion against the Administrator under sub- TER. construction project; or paragraph (A), the United States district Before the date that is 1 year after the (B) otherwise discriminate against a bid- court— date of the enactment of this Act, the Ad- der, offeror, contractor, or subcontractor be- (i) shall enjoin the regulation, require- ministrator of the Environmental Protection cause such bidder, offeror, contractor, or ment, policy statement, guidance document, Agency may not propose, finalize, imple- subcontractor— endangerment finding, program, or permit ment, or enforce any regulation revising the (i) becomes a signatory, or otherwise ad- denial that is the subject of the action; and national primary ambient air quality stand- heres to, an agreement with 1 or more labor (ii) may award reasonable attorneys’ fees ard or the national secondary ambient air organization with respect to that construc- and costs. quality standard applicable to particulate tion project or another related construction (C) APPEAL.—On appeal of an injunction matter with an aerodynamic diameter great- project; or issued under subparagraph (B)(i), a United er than 2.5 micrometers under section 109 of (ii) refuses to become a signatory, or other- States court of appeals— the Clean Air Act (42 U.S.C. 7409). wise adheres to, an agreement with 1 or more (i) shall require the submission of briefs TITLE XI—NATIONAL LABOR RELATIONS labor organization with respect to that con- not later than 30 days after the date of filing BOARD REFORM struction project or another related con- of the appeal; SEC. 3951. SHORT TITLE. struction project. (ii) may not stay the injunction prior to This title may be cited as the ‘‘National (2) APPLICATION OF PROHIBITION.—The pro- hearing oral arguments; and Labor Relations Board Reform Act’’. visions of this section shall not apply to con- (iii) shall make a final decision not later SEC. 3952. AUTHORITY OF THE NLRB. tracts awarded prior to the date of enact- than 90 days after the date of filing of the ap- Section 10(c) of the National Labor Rela- ment of this Act, and subcontracts awarded peal. tions Act (29 U.S.C. 160) is amended by in- pursuant to such contracts regardless of the (d) NOTIFICATION.—If the Administrator serting before the period at the end the fol- date of such subcontracts. concludes under subsection (b)(1) that a reg- lowing: ‘‘: Provided further, That the Board (3) RULE OF CONSTRUCTION.—Nothing in ulation, requirement, policy statement, shall have no power to order an employer (or paragraph (1) shall be construed to prohibit a guidance document, endangerment finding, seek an order against an employer) to re- contractor or subcontractor from volun- program, or permit denial will have more store or reinstate any work, product, produc- tarily entering into an agreement described than a de minimis negative impact on em- tion line, or equipment, to rescind any relo- in such paragraph. ployment levels or economic activity in any cation, transfer, subcontracting, outsourc- (b) RECIPIENTS OF GRANTS AND OTHER AS- State, the Administrator shall provide a no- ing, or other change regarding the location, SISTANCE.—The head of each executive agen- tice of the de minimis negative impact to entity, or employer who shall be engaged in cy that awards grants, provides financial as- the congressional delegation, Governor, and production or other business operations, or sistance, or enters into cooperative agree- legislature of the affected State not later to require any employer to make an initial ments for construction projects after the than— or additional investment at a particular date of enactment of this Act, shall ensure (1) 45 days before the effective date of the plant, facility, or location’’. that— regulation, requirement, policy statement, SEC. 3953. RETROACTIVITY. (1) the bid specifications, project agree- guidance document, endangerment finding, The amendment made by section 3952 shall ments, or other controlling documents for requirement, or program; or apply to any complaint for which a final ad- such construction projects of a recipient of a

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16903 grant or financial assistance, or by the par- for the construction, rehabilitation, alter- terpretive releases, and other statements of ties to a cooperative agreement, do not con- ation, conversion, extension, or repair of general applicability that the agency intends tain any of the requirements or prohibitions buildings, highways, or other improvements to have the force and effect of law; described in subparagraph (A) or (B) of sub- to real property. (B) does not include— section (a)(1); or (2) EXECUTIVE AGENCY.—The term ‘‘execu- (i) a regulation issued in accordance with (2) the bid specifications, project agree- tive agency’’ has the meaning given such the formal rulemaking provisions of section ments, or other controlling documents for term in section 133 of title 41, United States 556 or 557 of title 5, United States Code; such construction projects of a construction Code, except that such term shall not in- (ii) a regulation that is limited to agency manager acting on behalf of a recipient or clude the Government Accountability Office. organization, management, or personnel party described in paragraph (1) do not con- (3) LABOR ORGANIZATION.—The term ‘‘labor matters; tain any of the requirements or prohibitions organization’’ has the meaning given such (iii) a regulation promulgated pursuant to described in subparagraph (A) or (B) of sub- term in section 701(d) of the Civil Rights Act statutory authority that expressly prohibits section (a)(1). of 1964 (42 U.S.C. 2000e(d)). compliance with this provision; (c) FAILURE TO COMPLY.—If an executive TITLE XIII—FINANCIAL REGULATORY (iv) a regulation that is certified by the agency, a recipient of a grant or financial as- RESPONSIBILITY ACT agency to be an emergency action, if such sistance from an executive agency, a party SEC. 3981. SHORT TITLE. certification is published in the Federal Reg- to a cooperative agreement with an execu- This title may be cited as the ‘‘Financial ister; or tive agency, or a construction manager act- Regulatory Responsibility Act’’. (v) a regulation that is promulgated by the ing on behalf of such an agency, recipient, or Board of Governors of the Federal Reserve SEC. 3982. DEFINITIONS. party, fails to comply with subsection (a) or System or the Federal Open Market Com- (b), the head of the executive agency award- As used in this title— (1) the term ‘‘agency’’ means the Board of mittee under section 10A, 10B, 13, 13A, or 19 ing the contract, grant, or assistance, or en- of the Federal Reserve Act, or any of sub- tering into the agreement, involved shall Governors of the Federal Reserve System, the Bureau of Consumer Financial Protec- sections (a) through (f) of section 14 of that take such action, consistent with law, as the Act. head of the agency determines to be appro- tion, the Commodity Futures Trading Com- mission, the Federal Deposit Insurance Cor- SEC. 3983. REQUIRED REGULATORY ANALYSIS. priate. (a) REQUIREMENTS FOR NOTICES OF PRO- (d) EXEMPTIONS.— poration, the Federal Housing Finance Agen- cy, the Financial Stability Oversight Coun- POSED RULEMAKING.—An agency may not (1) IN GENERAL.—The head of an executive issue a notice of proposed rulemaking unless agency may exempt a particular project, cil, the Office of the Comptroller of the Cur- rency, the Office of Financial Research, the the agency includes in the notice of proposed contract, subcontract, grant, or cooperative rulemaking an analysis that contains, at a agreement from the requirements of 1 or National Credit Union Administration, and the Securities and Exchange Commission; minimum, with respect to each regulation more of the provisions of subsections (a) and that is being proposed— (b) if the head of such agency determines (2) the term ‘‘chief economist’’ means— (A) with respect to the Board of Governors (1) an identification of the need for the reg- that special circumstances exist that require ulation and the regulatory objective, includ- an exemption in order to avert an imminent of the Federal Reserve System, the Director of the Division of Research and Statistics, or ing identification of the nature and signifi- threat to public health or safety or to serve cance of the market failure, regulatory fail- an employee of the agency with comparable the national security. ure, or other problem that necessitates the authority; (2) SPECIAL CIRCUMSTANCES.—For purposes regulation; (B) with respect to the Bureau of Consumer of paragraph (1), a finding of ‘‘special cir- (2) an explanation of why the private mar- Financial Protection, the Assistant Director cumstances’’ may not be based on the possi- ket or State, local, or tribal authorities can- for Research, or an employee of the agency bility or existence of a labor dispute con- not adequately address the identified market with comparable authority; cerning contractors or subcontractors that failure or other problem; (C) with respect to the Commodity Futures are nonsignatories to, or that otherwise do (3) an analysis of the adverse impacts to Trading Commission, the Chief Economist, not adhere to, agreements with 1 or more regulated entities, other market partici- or an employee of the agency with com- labor organization, or labor disputes con- pants, economic activity, or agency effec- cerning employees on the project who are parable authority; tiveness that are engendered by the regula- not members of, or affiliated with, a labor (D) with respect to the Federal Deposit In- tion and the magnitude of such adverse im- organization. surance Corporation, the Director of the Di- pacts; vision of Insurance and Research, or an em- (3) ADDITIONAL EXEMPTION FOR CERTAIN (4) a quantitative and qualitative assess- ployee of the agency with comparable au- PROJECTS.—The head of an executive agency, ment of all anticipated direct and indirect upon application of an awarding authority, a thority; costs and benefits of the regulation (as com- recipient of grants or financial assistance, a (E) with respect to the Federal Housing Fi- pared to a benchmark that assumes the ab- party to a cooperative agreement, or a con- nance Agency, the Chief Economist, or an sence of the regulation), including— struction manager acting on behalf of any of employee of the agency with comparable au- (A) compliance costs; such entities, may exempt a particular thority; (B) effects on economic activity, net job project from the requirements of any or all (F) with respect to the Financial Stability creation (excluding jobs related to ensuring of the provisions of subsections (a) or (c) if Oversight Council, the Chief Economist, or compliance with the regulation), efficiency, the agency head finds— an employee of the agency with comparable competition, and capital formation; (A) that the awarding authority, recipient authority; (C) regulatory administrative costs; and of grants or financial assistance, party to a (G) with respect to the Office of the Comp- (D) costs imposed by the regulation on cooperative agreement, or construction man- troller of the Currency, the Director for Pol- State, local, or tribal governments or other ager acting on behalf of any of such entities icy Analysis, or an employee of the agency regulatory authorities; had issued or was a party to, as of the date with comparable authority; (5) if quantified benefits do not outweigh of the enactment of this Act, bid specifica- (H) with respect to the Office of Financial quantitative costs, a justification for the tions, project agreements, agreements with Research, the Director, or an employee of regulation; one or more labor organizations, or other the agency with comparable authority; (6) identification and assessment of all controlling documents with respect to that (I) with respect to the National Credit available alternatives to the regulation, in- particular project, which contained any of Union Administration, the Chief Economist, cluding modification of an existing regula- the requirements or prohibitions set forth in or an employee of the agency with com- tion or statute, together with— subsection (a)(1); and parable authority; and (A) an explanation of why the regulation (B) that one or more construction con- (J) with respect to the Securities and Ex- meets the objectives of the regulation more tracts subject to such requirements or prohi- change Commission, the Director of the Divi- effectively than the alternatives, and if the bitions had been awarded as of the date of sion of Risk, Strategy, and Financial Innova- agency is proposing multiple alternatives, an the enactment of this Act. tion, or an employee of the agency with com- explanation of why a notice of proposed rule- (e) FEDERAL ACQUISITION REGULATORY parable authority; making, rather than an advanced notice of COUNCIL.—With respect to Federal contracts (3) the term ‘‘Council’’ means the Chief proposed rulemaking, is appropriate; and to which this section applies, not later than Economists Council established under sec- (B) if the regulation is not a pilot program, 60 days after the date of enactment of this tion 9; and an explanation of why a pilot program is not Act, the Federal Acquisition Regulatory (4) the term ‘‘regulation’’— appropriate; Council shall take appropriate action to (A) means an agency statement of general (7) if the regulation specifies the behavior amend the Federal Acquisition Regulation to applicability and future effect that is de- or manner of compliance, an explanation of implement the provisions of this section. signed to implement, interpret, or prescribe why the agency did not instead specify per- (f) DEFINITIONS.—In this section: law or policy or to describe the procedure or formance objectives; (1) CONSTRUCTION CONTRACT.—The term practice requirements of an agency, includ- (8) an assessment of how the burden im- ‘‘construction contract’’ means any contract ing rules, orders of general applicability, in- posed by the regulation will be distributed

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16904 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 among market participants, including beginning on the submission or publication preserves the confidentiality of nonpublic in- whether consumers, investors, or small busi- date and ending 60 days thereafter (excluding formation, including confidential trade se- nesses will be disproportionately burdened; days either House of Congress is adjourned crets, confidential commercial or financial (9) an assessment of the extent to which for more than 3 days during a session of Con- information, and confidential information the regulation is inconsistent, incompatible, gress), the matter after the resolving clause about positions, transactions, or business or duplicative with the existing regulations of which is as follows: ‘‘That Congress di- practices. of the agency or those of other domestic and rects, notwithstanding the prohibition con- (e) REPORT.—The agency shall submit the international regulatory authorities with tained in (3)(b)(4)(A) of the Financial Regu- report required by subsection (a) to the Com- overlapping jurisdiction; latory Responsibility Act of 2011, the ll to mittee on Banking, Housing, and Urban Af- (10) a description of any studies, surveys, publish the notice of final rulemaking for fairs of the Senate and the Committee on Fi- or other data relied upon in preparing the the regulation or regulations that were the nancial Services of the House of Representa- analysis; subject of the analysis submitted by the ll tives and post it on the public website of the (11) an assessment of the degree to which to Congress on ll.’’ (The blank spaces agency. The Commodity Futures Trading the key assumptions underlying the analysis being appropriately filled in.); and Commission shall also submit its report to are subject to uncertainty; and (ii) ‘‘submission or publication date’’ the Committee on Agriculture, Nutrition, (12) an explanation of predicted changes in means— and Forestry of the Senate and the Com- market structure and infrastructure and in (I) the date on which the analysis under mittee on Agriculture of the House of Rep- behavior by market participants, including paragraph (1)(B) is submitted to Congress resentatives. consumers and investors, assuming that they under paragraph (4)(B); or SEC. 3987. RETROSPECTIVE REVIEW OF EXISTING will pursue their economic interests. (II) if the analysis is submitted to Congress RULES. (a) REGULATORY IMPROVEMENT PLAN.—Not (b) REQUIREMENTS FOR NOTICES OF FINAL less than 60 session days or 60 legislative later than 1 year after the date of enactment RULEMAKING.— days before the date on which the Congress of this title and every 5 years thereafter, (1) IN GENERAL.—Notwithstanding any adjourns a session of Congress, the date on other provision of law, an agency may not which the same or succeeding Congress first each agency shall develop, submit to the issue a notice of final rulemaking with re- convenes its next session. Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on spect to a regulation unless the agency— SEC. 3984. RULE OF CONSTRUCTION. Financial Services of the House of Rep- (A) has issued a notice of proposed rule- For purposes of the Paperwork Reduction resentatives, and post on the public website making for the relevant regulation; Act (44 U.S.C. 3501 et seq.), obtaining, caus- of the agency a plan, consistent with law and (B) has conducted and includes in the no- ing to be obtained, or soliciting information its resources and regulatory priorities, under tice of final rulemaking an analysis that for purposes of complying with section 3 which the agency will modify, streamline, contains, at a minimum, the elements re- with respect to a proposed rulemaking shall expand, or repeal existing regulations so as quired under subsection (a); and not be construed to be a collection of infor- to make the regulatory program of the agen- (C) includes in the notice of final rule- mation, provided that the agency has first cy more effective or less burdensome in making regulatory impact metrics selected issued an advanced notice of proposed rule- achieving the regulatory objectives. The making in connection with the regulation, by the chief economist to be used in pre- Commodity Futures Trading Commission identifies that advanced notice of proposed paring the report required pursuant to sec- shall also submit its plan to the Committee rulemaking in its solicitation of informa- tion 6. on Agriculture, Nutrition, and Forestry of tion, and informs the person from whom the (2) CONSIDERATION OF COMMENTS.—The the Senate and the Committee on Agri- information is obtained or solicited that the agency shall incorporate in the elements de- culture of the House of Representatives. provision of information is voluntary. scribed in paragraph (1)(B) the data and anal- (b) IMPLEMENTATION PROGRESS REPORT.— yses provided to the agency by commenters SEC. 3985. PUBLIC AVAILABILITY OF DATA AND Two years after the date of submission of during the comment period, or explain why REGULATORY ANALYSIS. each plan required under subsection (a), each (a) IN GENERAL.—At or before the com- the data or analyses are not being incor- agency shall develop, submit to the Com- mencement of the public comment period porated. mittee on Banking, Housing, and Urban Af- with respect to a regulation, the agency (3) COMMENT PERIOD.—An agency shall not fairs of the Senate and the Committee on Fi- shall make available on its public website publish a notice of final rulemaking with re- nancial Services of the House of Representa- sufficient information about the data, meth- spect to a regulation, unless the agency— tives, and post on the public website of the odologies, and assumptions underlying the (A) has allowed at least 90 days from the agency a report of the steps that it has taken analyses performed pursuant to section 3 so date of publication in the Federal Register of to implement the plan, steps that remain to that the analytical results of the agency are the notice of proposed rulemaking for the be taken to implement the plan, and, if any capable of being substantially reproduced, submission of public comments; or parts of the plan will not be implemented, subject to an acceptable degree of impreci- (B) includes in the notice of final rule- reasons for not implementing those parts of sion or error. making an explanation of why the agency the plan. The Commodity Futures Trading (b) CONFIDENTIALITY.—The agency shall was not able to provide a 90-day comment pe- Commission shall also submit its plan to the riod. comply with subsection (a) in a manner that preserves the confidentiality of nonpublic in- Committee on Agriculture, Nutrition, and (4) PROHIBITED RULES.— formation, including confidential trade se- Forestry of the Senate and the Committee (A) IN GENERAL.—An agency may not pub- crets, confidential commercial or financial on Agriculture of the House of Representa- lish a notice of final rulemaking if the agen- information, and confidential information tives. cy, in its analysis under paragraph (1)(B), de- about positions, transactions, or business SEC. 3988. JUDICIAL REVIEW. termines that the quantified costs are great- practices. (a) IN GENERAL.—Notwithstanding any er than the quantified benefits under sub- other provision of law, during the period be- section (a)(5). SEC. 3986. FIVE-YEAR REGULATORY IMPACT ANALYSIS. ginning on the date on which a notice of (B) PUBLICATION OF ANALYSIS.—If the agen- (a) IN GENERAL.—Not later than 5 years final rulemaking for a regulation is pub- cy is precluded by subparagraph (A) from after the date of publication in the Federal lished in the Federal Register and ending 1 publishing a notice of final rulemaking, the Register of a notice of final rulemaking, the year later, a person that is adversely af- agency shall publish in the Federal Register chief economist of the agency shall issue a fected or aggrieved by the regulation is enti- and on the public website of the agency its report that examines the economic impact of tled to bring an action in the United States analysis under paragraph (1)(B), and provide the subject regulation, including the direct Court of Appeals for the District of Columbia the analysis to each House of Congress. and indirect costs and benefits of the regula- Circuit for judicial review of agency compli- (C) CONGRESSIONAL WAIVER.—If the agency tion. ance with the requirements of section 3. is precluded by subparagraph (A) from pub- (b) REGULATORY IMPACT METRICS.—In pre- (b) STAY.—The court may stay the effec- lishing a notice of final rulemaking, Con- paring the report required by subsection (a), tive date of the regulation or any provision gress, by joint resolution pursuant to the the chief economist shall employ the regu- thereof. procedures set forth for joint resolutions in latory impact metrics included in the notice (c) RELIEF.—If the court finds that an section 802 of title 5, United States Code, of final rulemaking pursuant to section agency has not complied with the require- may direct the agency to publish a notice of 3(b)(1)(C). ments of section 3, the court shall vacate the final rulemaking notwithstanding the prohi- (c) REPRODUCIBILITY.—The report shall in- subject regulation, unless the agency shows bition contained in subparagraph (A). In ap- clude the data, methodologies, and assump- by clear and convincing evidence that plying section 802 of title 5, United States tions underlying the evaluation so that the vacating the regulation would result in ir- Code, for purposes of this paragraph, section agency’s analytical results are capable of reparable harm. Nothing in this section af- 802(e)(2) shall not apply and the term— being substantially reproduced, subject to an fects other limitations on judicial review or (i) ‘‘joint resolution’’ or ‘‘joint resolution acceptable degree of imprecision or error. the power or duty of the court to dismiss any described in subsection (a)’’ means only a (d) CONFIDENTIALITY.—The agency shall action or deny relief on any other appro- joint resolution introduced during the period comply with subsection (c) in a manner that priate legal or equitable ground.

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SEC. 3989. CHIEF ECONOMISTS COUNCIL. (b) COMMODITY FUTURES TRADING COMMIS- (B) create a serious inconsistency or other- (a) ESTABLISHMENT.—There is established SION.—Not later than 1 year after the date of wise interfere with an action taken or the Chief Economists Council. enactment of this title, the Commodity Fu- planned by another agency; (b) MEMBERSHIP.—The Council shall consist tures Trading Commission shall provide to (C) materially alter the budgetary impact of the chief economist of each agency. The the Committee on Banking, Housing, and of entitlements, grants, user fees, or loan members of the Council shall select the first Urban Affairs of the Senate, the Committee programs or the rights and obligation of re- chairperson of the Council. Thereafter the on Financial Services of the House of Rep- cipients thereof; position of Chairperson shall rotate annually resentatives, the Committee on Agriculture, (D) add to the national debt; or among the members of the Council. Nutrition, and Forestry of the Senate, and (E) raise novel legal or policy issues aris- (c) MEETINGS.—The Council shall meet at the Committee on Agriculture of the House ing out of legal mandates, the President’s the call of the Chairperson, but not less fre- of Representatives a report setting forth a priorities, or the principles set forth in this quently than quarterly. plan for subjecting any futures association Act. (d) REPORT.—One year after the effective registered under section 17 of the Commodity SEC. 3996. AGENCY REQUIREMENTS. date of this title and annually thereafter, Exchange Act (7 U.S.C. 21) to the require- (a) FEDERAL REGULATORY SYSTEM.—The the Council shall prepare and submit to the ments of this title, other than direct rep- Federal regulatory system shall— Committee on Banking, Housing, and Urban resentation on the Council. (1) protect the public health, welfare, safe- Affairs and the Committee on Agriculture, SEC. 3992. AVOIDANCE OF DUPLICATIVE OR UN- ty, and the environment of the United Nutrition, and Forestry of the Senate and NECESSARY ANALYSES. States, especially those promoting economic the Committee on Financial Services and An agency may perform the analyses re- growth, innovation, competitiveness, and job the Committee on Agriculture of the House quired by this title in conjunction with, or creation; of Representatives a report on— as a part of, any other agenda or analysis re- (2) be based on the best available science (1) the benefits and costs of regulations quired by any other provision of law, if such and information; adopted by the agencies during the past 12 other analysis satisfies the provisions this (3) allow for public participation and an months; Act. open exchange of ideas; (2) the regulatory actions planned by the (4) promote predictability and reduce un- SEC. 3993. SEVERABILITY. agencies for the upcoming 12 months; certainty, including adherence to a clearly If any provision of this title the applica- (3) the cumulative effect of the existing articulated timeline for the release of regu- tion of any provision of this title to any per- regulations of the agencies on economic ac- latory documents at all stages of the regu- son or circumstance, is held invalid, the ap- tivity, innovation, international competi- latory process; plication of such provision to other persons tiveness of entities regulated by the agen- (5) identify and use the best, most innova- or circumstances, and the remainder of this cies, and net job creation (excluding jobs re- tive, and least burdensome tools for achiev- title, shall not be affected thereby. lated to ensuring compliance with the regu- ing regulatory ends; lation); TITLE XIV—REGULATORY (6) take into account benefits and costs, (4) the training and qualifications of the RESPONSIBILITY FOR OUR ECONOMY ACT both quantitative and qualitative; persons who prepared the cost-benefit anal- SEC. 3994. SHORT TITLE. (7) ensure that regulations are accessible, yses of each agency during the past 12 This title may be cited as the ‘‘Regulatory consistent, written in plain language, and months; Responsbility for Our Economy Act’’. easy to understand; and (5) the sufficiency of the resources avail- SEC. 3995. DEFINITIONS. (8) measure, and seek to improve, the ac- able to the chief economists during the past In this title— tual results of regulatory requirements. (b) REQUIREMENTS.—Each agency shall— 12 months for the conduct of the activities (1) the term ‘‘agency’’ means any author- (1) propose or adopt a regulation only upon required by this title; and ity of the United States that is— a reasoned determination that the benefits (6) recommendations for legislative or reg- (A) an agency as defined under section ulatory action to enhance the efficiency and of the regulation justify the costs of the reg- 3502(1) of title 44, United States Code; and ulation to the extent permitted by law; effectiveness of financial regulation in the (B) shall include an independent regulatory United States. (2) tailor regulations of the agency to im- agency as defined under section 3502(5) of pose the least burden on society, consistent SEC. 3990. CONFORMING AMENDMENTS. title 44, United States Code; with obtaining regulatory objectives, taking Section 15(a) of the Commodity Exchange (2) the term ‘‘regulation’’— into account, among other things, the costs Act (7 U.S.C. 19(a)) is amended— (A) means an agency statement of general of cumulative regulations; (1) by striking paragraph (1); applicability and future effect, which the (3) select, in choosing among alternative (2) in paragraph (2), by striking (2) and all agency intends to have the force and effect regulatory approaches, those approaches that follows through ‘‘light of—’’ and insert- of law, that is designed to implement, inter- that maximize net benefits, including poten- ing the following: pret, or prescribe law or policy or to describe tial economic, environmental, public health ‘‘(1) CONSIDERATIONS.—Before promul- the procedure or practice requirements of an and safety, and other advantages, distribu- gating a regulation under this chapter or agency; and tive impacts, and equity; issuing an order (except as provided in para- (B) shall not include— (4) specify performance objectives, rather graph (2)), the Commission shall take into (i) regulations issued in accordance with than specifying the behavior or manner of consideration—’’; the formal rulemaking provisions of sections compliance that regulated entities are re- (3) in paragraph (1), as so redesignated— 556 and 557 of title 5, United States Code; quired to adopt; (A) in subparagraph (B), by striking ‘‘fu- (ii) regulations that pertain to a military (5) identify and assess available alter- tures’’ and inserting ‘‘the relevant’’; or foreign affairs function of the United natives to direct regulation, including pro- (B) in subparagraph (C), by adding ‘‘and’’ States, other than procurement regulations viding economic incentives to encourage the at the end; and regulations involving the import or ex- desired behavior, such as user fees or mar- (C) in subparagraph (D), by striking ‘‘and’’ port of non-defense articles and services; or ketable permits, or providing information at the end; and (iii) regulations that are limited to agency upon which choices can be made by the pub- (D) by striking subparagraph (E); and organization, management, or personnel lic; and (4) by redesignating paragraph (3) as para- matters; (6) use the best available techniques to graph (2). (3) the term ‘‘regulatory action’’ means quantify anticipated present and future ben- SEC. 3991. OTHER REGULATORY ENTITIES. any substantive action by an agency (nor- efits and costs. (a) SECURITIES AND EXCHANGE COMMIS- mally published in the Federal Register) SEC. 3997. PUBLIC PARTICIPATION. SION.—Not later than 1 year after the date of that promulgates or is expected to lead to (a) IN GENERAL.—Regulations shall be— enactment of this title, the Securities and the promulgation of a final regulation, in- (1) adopted through a process that involves Exchange Commission shall provide to the cluding notices of inquiry, advance notices public participation; and Committee on Banking, Housing, and Urban of proposed rulemaking, and notices of pro- (2) based, to the extent consistent with Affairs of the Senate and the Committee on posed rulemaking; and law, on the open exchange of information Financial Services of the House of Rep- (4) the term ‘‘significant regulatory ac- and perspectives among State, local, and resentatives a report setting forth a plan for tion’’ means any regulatory action that is tribal officials, experts in relevant dis- subjecting the Public Company Accounting likely to result in a regulation that may— ciplines, affected stakeholders in the private Oversight Board, the Municipal Securities (A) have an annual effect on the economy sector, and the public as a whole. Rulemaking Board, and any national securi- of $100,000,000 or more or adversely affect in (b) OPPORTUNITY TO PARTICIPATE.—Each ties association registered under section 15A a material way the economy, a sector of the agency shall— of the Securities Exchange Act of 1934 (15 economy, productivity, competition, jobs, (1) provide the public with an opportunity U.S.C. 78o–4(a)) to the requirements of this the environment, public health or safety, or to participate in the regulatory process; title, other than direct representation on the State, local, or tribal governments or com- (2) as authorized by law, afford the public Council. munities; a meaningful opportunity to comment

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16906 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 through the Internet on any proposed regula- promote retrospective analysis of rules that pesticide, resulting from the application of tion, with a comment period that shall begin may be outmoded, ineffective, insufficient, such pesticide. on the date on which the proposed regulation or excessively burdensome, and to modify, ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not is published in the Federal Register and be streamline, expand, or repeal such regula- apply to the following discharges of a pes- not less than 60 days, unless the relevant tions in accordance with what has been ticide or pesticide residue: regulation is designated by the Adminis- learned. ‘‘(A) A discharge resulting from the appli- trator of the Office of Information and Regu- (2) AGREEMENT.—Once every 5 years, each cation of a pesticide in violation of a provi- latory Affairs to be an emergency rule; agency may enter into an agreement with a sion of the Federal Insecticide, Fungicide, (3) provide, for both proposed and final qualified private organization to conduct the and Rodenticide Act that is relevant to pro- rules, timely online access to the rule- retrospective analysis described in para- tecting water quality, if— making docket on regulations.gov, including graph (1) of the agency. ‘‘(i) the discharge would not have occurred relevant scientific and technical findings, in (3) PUBLICATION ONLINE.—Any retrospective but for the violation; or an open format that can be easily searched analyses conducted under this subsection, in- ‘‘(ii) the amount of pesticide or pesticide and downloaded; and cluding supporting data, shall be published residue in the discharge is greater than (4) for proposed rules, provide access to in- online. would have occurred without the violation. clude, to the extent permitted by law, an op- (b) AGENCY PLANS.— ‘‘(B) Stormwater discharges subject to reg- portunity for public comment on all perti- (1) PLAN.— ulation under subsection (p). nent parts of the rulemaking docket, includ- (A) IN GENERAL.—Not later than 180 days ‘‘(C) The following discharges subject to ing relevant scientific and technical find- after the date of enactment of this title, regulation under this section: ings. each agency shall develop and submit to the ‘‘(i) Manufacturing or industrial effluent. (c) SEEKING AFFECTED PARTIES.—Before appropriate congressional committees a pre- ‘‘(ii) Treatment works effluent. issuing a notice of proposed rulemaking, liminary plan for reviewing significant regu- ‘‘(iii) Discharges incidental to the normal each agency shall, where appropriate, seek latory actions issued by the agency, con- operation of a vessel, including a discharge the views of those who are likely to be af- sistent with law, under which the agency resulting from ballasting operations or ves- fected, including those who are likely to ben- shall review its existing significant regu- sel biofouling prevention.’’. efit from and those who are potentially sub- latory actions once every 5 years to deter- DIVISION D—DOMESTIC ENERGY JOB ject to such rulemaking. mine whether such regulations should be PROMOTION (d) DELAY OF IMPLEMENTATION.— modified, streamlined, expanded, or repealed TITLE I—DOMESTIC JOBS, DOMESTIC (1) IN GENERAL.—An agency shall delay im- so as to make the regulatory program of the ENERGY, AND DEFICIT REDUCTION ACT plementation of an interim final rule until agency more effective or less burdensome in SEC. 4101. SHORT TITLE. final disposition of a challenge is entered by achieving the regulatory objectives. This title may be cited as the ‘‘Domestic a court in the United States, if— (B) REPEAL.—If the plan described in sub- Jobs, Domestic Energy, and Deficit Reduc- (A) the agency excepted the rule from no- paragraph (A) includes suggestions for need- tion Act’’. tice and public procedure under section ed repeals a timeline for such repeals shall 553(b)(B) of title 5, United States Code; and also be included in the plan. Subtitle A—Outer Continental Shelf Leasing (B) the agency exception of the rule de- (2) REPORT.—Upon completion of a review SEC. 4111. LEASING PROGRAM CONSIDERED AP- scribed under paragraph (1) is challenged in a under a plan submitted under paragraph (1), PROVED. court in the United States. each agency shall submit to the appropriate (a) IN GENERAL.—The Draft Proposed Outer (2) LENGTH OF DELAY.—If implementation congressional committees a report that— Continental Shelf Oil and Gas Leasing Pro- of an interim final rule is delayed under (A) describes the outcome of the review, in- gram 2010–2015 issued by the Secretary of the paragraph (1), the delay shall continue until cluding which regulations were modified, Interior (referred to in this section as the a final disposition of the challenge is entered streamlined, expanded, or repealed; ‘‘Secretary’’) under section 18 of the Outer by the court. (B) describes the reasons for the modifica- Continental Shelf Lands Act (43 U.S.C. 1344) SEC. 3998. INTEGRATION AND INNOVATION. tions, streamlining, expansions, or repeals is considered to have been approved by the Secretary as a final oil and gas leasing pro- (a) FINDINGS.—Congress finds that— described in subparagraph (A); and (1) some sectors and industries face a sig- (C) in any case where an agency did not gram under that section. (b) FINAL ENVIRONMENTAL IMPACT STATE- nificant number of regulatory requirements, take action, describes the reasons why the MENT.—The Secretary is considered to have some of which may be redundant, incon- agency did not take action to modify, issued a final environmental impact state- sistent, or overlapping; and streamline, expand, or repeal any significant ment for the program described in subsection (2) greater coordination across agencies regulatory actions. (a) in accordance with all requirements should reduce these requirements, thus re- TITLE XV—REDUCING REGULATORY under section 102(2)(C) of the National Envi- ducing costs and simplifying and harmo- BURDENS ACT ronmental Policy Act of 1969 (42 U.S.C. nizing rules. SEC. 3999C. SHORT TITLE. 4332(2)(C)). (b) PROMOTION OF INNOVATION.—In devel- oping regulatory actions and identifying ap- This title may be cited as the ‘‘Reducing SEC. 4112. LEASE SALES. (a) IN GENERAL.—Except as otherwise pro- propriate approaches, each agency shall— Regulatory Burdens Act’’. vided in this section, not later than 180 days (1) promote coordination, simplification, SEC. 3999D. USE OF AUTHORIZED PESTICIDES. after the date of enactment of this Act and and harmonization; and Section 3(f) of the Federal Insecticide, every 270 days thereafter, the Secretary of (2) identify means to achieve regulatory Fungicide, and Rodenticide Act (7 U.S.C. the Interior (referred to in this section as goals that are designed to promote innova- 136a(f)) is amended by adding at the end the the ‘‘Secretary’’) shall conduct a lease sale tion. following: in each outer Continental Shelf planning ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- SEC. 3999. FLEXIBLE APPROACHES. area for which the Secretary determines that cept as provided in section 402(s) of the Fed- (a) IN GENERAL.—Each agency shall iden- there is a commercial interest in purchasing eral Water Pollution Control Act, the Ad- tify and consider regulatory approaches that Federal oil and gas leases for production on ministrator or a State may not require a reduce burdens, especially economic burdens, the outer Continental Shelf. permit under such Act for a discharge from and maintain flexibility and freedom of (b) SUBSEQUENT DETERMINATIONS AND a point source into navigable waters of a pes- choice for the public. SALES.—If the Secretary determines that (b) CONTENTS.—The approaches described ticide authorized for sale, distribution, or there is not a commercial interest in pur- under subsection (a) shall include warnings, use under this Act, or the residue of such a chasing Federal oil and gas leases for produc- appropriate default rules, disclosure require- pesticide, resulting from the application of tion on the outer Continental Shelf in a ments, and the provision of information to such pesticide.’’. planning area under this section, not later the public in a form that is clear and intel- SEC. 3999E. DISCHARGES OF PESTICIDES. than 2 years after the date of enactment of ligible. Section 402 of the Federal Water Pollution the determination and every 2 years there- SEC. 3999A. SCIENCE. Control Act (33 U.S.C. 1342) is amended by after, the Secretary shall— Each agency shall ensure the objectivity of adding at the end the following: (1) determine whether there is a commer- any scientific and technological information ‘‘(s) DISCHARGES OF PESTICIDES.— cial interest in purchasing Federal oil and and processes used to support the regulatory ‘‘(1) NO PERMIT REQUIREMENT.—Except as gas leases for production on the outer Conti- actions of the agency. provided in paragraph (2), a permit shall not nental Shelf in the planning area; and SEC. 3999B. RETROSPECTIVE ANALYSES OF EX- be required by the Administrator or a State (2) if the Secretary determines that there ISTING RULES. under this Act for a discharge from a point is a commercial interest described in sub- (a) RETROSPECTIVE ANALYSES.— source into navigable waters of a pesticide section (a), conduct a lease sale in the plan- (1) IN GENERAL.—To facilitate the periodic authorized for sale, distribution, or use ning area. review of existing significant regulatory ac- under the Federal Insecticide, Fungicide, (c) EXCLUSION FROM 5-YEAR LEASE PRO- tions, agencies shall consider how best to and Rodenticide Act, or the residue of such a GRAM.—If a planning area for which there is

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a commercial interest described in sub- ‘‘(1) IN GENERAL.—Not later’’; tion may be reviewed by no other court ex- section (a) was not included in a 5-year lease (2) in the second sentence— cept the Supreme Court. program, the Secretary shall include leasing (A) by striking ‘‘If the Secretary’’ and in- (f) DEADLINE FOR APPEAL TO THE SUPREME in the planning area in the subsequent 5-year serting the following: COURT.—If a writ of certiorari has been lease program. ‘‘(2) LEASE SALES.— granted by the Supreme Court pursuant to (d) PETITIONS.—If a person petitions the ‘‘(A) IN GENERAL.—If the Secretary’’; and subsection (e), the interlocutory or final Secretary to conduct a lease sale for an (B) by striking ‘‘may’’ and inserting judgment, decree, or order of the district outer Continental Shelf planning area in ‘‘shall’’; court shall be resolved as expeditiously as which the person has a commercial interest, (3) in the last sentence, by striking ‘‘Evi- practicable and in any event not more than not later than 60 days after the date of re- dence of interest’’ and inserting the fol- 180 days after the interlocutory or final judg- ceipt of the petition, the Secretary shall con- lowing: ment, decree, order of the district court is duct a lease sale for the area. ‘‘(B) EVIDENCE OF INTEREST.—Evidence of issued. (e) EXCEPTION.—Subsection (a) shall not interest’’; and SEC. 4133. ENVIRONMENTAL IMPACT STATE- apply to the North Atlantic Planning Area. (4) by adding at the end the following: MENTS. Title I of the National Environmental Pol- SEC. 4113. APPLICATIONS FOR PERMITS TO ‘‘(C) SUBSEQUENT LEASE SALES.—During icy Act of 1969 (42 U.S.C. 4331 et seq.) is DRILL. any period for which the Secretary deter- amended by adding at the end the following: Section 5 of the Outer Continental Shelf mines that there is sufficient support and in- Lands Act (43 U.S.C. 1334) is amended by add- terest in a State in the development of tar ‘‘SEC. 106. COMPLETION AND REVIEW OF ENVI- RONMENTAL IMPACT STATEMENTS. ing at the end the following: sands and oil shale resources, the Secretary ‘‘(a) COMPLETION.— ‘‘(k) APPLICATIONS FOR PERMITS TO shall— ‘‘(1) IN GENERAL.—Notwithstanding any DRILL.— ‘‘(i) at least annually, consult with the per- other provision of law, each review carried ‘‘(1) IN GENERAL.—Subject to paragraph (2), sons described in paragraph (1) to expedite the Secretary shall approve or disapprove an out under section 102(2)(C) with respect to the commercial leasing program for oil shale any action taken under any provision of law, application for a permit to drill submitted resources on public land in the State; and under this Act not later than 20 days after or for which funds are made available under ‘‘(ii) at least once every 270 days, conduct any provision of law, shall be completed not the date the application is submitted to the a lease sale in the State under the commer- Secretary. later than the date that is 270 days after the cial leasing program regulations.’’. commencement of the review. ‘‘(2) DISAPPROVAL.—If the Secretary dis- SEC. 4132. JURISDICTION OVER COVERED EN- AILURE TO COMPLETE REVIEW.—If a re- approves an application for a permit to drill ‘‘(2) F ERGY PROJECTS. view described in paragraph (1) has not been submitted under paragraph (1), the Secretary (a) DEFINITION OF COVERED ENERGY completed for an action subject to section shall— PROJECT.—In this section, the term ‘‘covered 102(2)(C) by the date specified in paragraph ‘‘(A) provide to the applicant a description energy project’’ means any action or deci- (1)— of the reasons for the disapproval of the ap- sion by a Federal official regarding— ‘‘(A) the action shall be considered to have plication; (1) the leasing of Federal land (including no significant impact described in section ‘‘(B) allow the applicant to resubmit an ap- submerged land) for the exploration, devel- 102(2)(C); and plication during the 10-day period beginning opment, production, processing, or trans- ‘‘(B) that classification shall be considered on the date of the receipt of the description mission of oil, natural gas, or any other to be a final agency action. by the applicant; and source or form of energy, including actions ‘‘(3) UNEMPLOYMENT RATE.—If the national ‘‘(C) approve or disapprove any resub- and decisions regarding the selection or of- unemployment rate is 5 percent or more, the mitted application not later than 10 days fering of Federal land for such leasing; or lead agency conducting a review of an action after the date the application is submitted to (2) any action under such a lease, except under this section shall use the most expedi- the Secretary.’’. that this section and Act shall not apply to tious means authorized under this title to SEC. 4114. LEASE SALES FOR CERTAIN AREAS. a dispute between the parties to a lease en- conduct the review. (a) IN GENERAL.—As soon as practicable tered into a provision of law authorizing the ‘‘(b) LEAD AGENCY.—The lead agency for a but not later than 1 year after the date of en- lease regarding obligations under the lease review of an action under this section shall actment of this Act, the Secretary of the In- or the alleged breach of the lease. be the Federal agency to which funds are terior shall hold— (b) EXCLUSIVE JURISDICTION OVER CAUSES made available for the action. (1) Lease Sale 216 for areas in the Central AND CLAIMS RELATING TO COVERED ENERGY ‘‘(c) REVIEW.— Gulf of Mexico; PROJECTS.—Notwithstanding any other pro- ‘‘(1) ADMINISTRATIVE APPEALS.—There shall (2) Lease Sale 218 for areas in the Western vision of law, the United States District be a single administrative appeal for each re- Gulf of Mexico; Court for the District of Columbia shall have view carried out pursuant to section (3) Lease Sale 220 for areas offshore the exclusive jurisdiction to hear all causes and 102(2)(C). State of Virginia; and claims under this section or any other Act ‘‘(2) JUDICIAL REVIEW.— (4) Lease Sale 222 for areas in the Central that arise from any covered energy project. ‘‘(A) IN GENERAL.—On resolution of the ad- Gulf of Mexico. (c) TIME FOR FILING COMPLAINT.— ministrative appeal, judicial review of the (b) COMPLIANCE WITH OTHER LAWS.—For (1) IN GENERAL.—Each case or claim de- final agency decision after exhaustion of ad- purposes of the Lease Sales described in sub- scribed in subsection (b) shall be filed not ministrative remedies shall lie with the section (a), the Environmental Impact State- later than the end of the 60-day period begin- United States Court of Appeals for the Dis- ment for the 2007-2015-Year OCS Plan and the ning on the date of the action or decision by trict of Columbia Circuit. applicable Multi-Sale Environmental Impact a Federal official that constitutes the cov- ‘‘(B) ADMINISTRATIVE RECORD.—An appeal Statement shall be considered to satisfy the ered energy project concerned. to the court described in subparagraph (A) National Environmental Policy Act of 1969 (2) PROHIBITION.—Any cause or claim de- shall be based only on the administrative (42 U.S.C. 4321 et seq.). scribed in subsection (b) that is not filed record. (c) ENERGY PROJECTS IN THE GULF OF MEX- within the time period described in para- ‘‘(C) PENDENCY OF JUDICIAL REVIEW.—After ICO.— graph (1) shall be barred. an agency has made a final decision with re- (1) JURISDICTION.—The United States Court (d) DISTRICT COURT FOR THE DISTRICT OF spect to a review carried out under this sub- of Appeals for the Fifth Circuit shall have COLUMBIA DEADLINE.— section, the decision shall be effective during exclusive jurisdiction over challenges to off- (1) IN GENERAL.—Each proceeding that is the course of any subsequent appeal to a shore energy projects and permits to drill subject to subsection (b) shall— court described in subparagraph (A). carried out in the Gulf of Mexico. (A) be resolved as expeditiously as prac- ‘‘(3) CIVIL ACTION.—Each civil action cov- (2) FILING DEADLINE.—Any civil action to ticable and in any event not more than 180 ered by this section shall be considered to challenge a project or permit described in days after the cause or claim is filed; and arise under the laws of the United States.’’. paragraph (1) shall be filed not later than 60 (B) take precedence over all other pending SEC. 4134. CLEAN AIR REGULATION. days after the date of approval of the project matters before the district court. (a) REGULATION OF GREENHOUSE GASES.— or the issuance of the permit. (2) FAILURE TO COMPLY WITH DEADLINE.—If Section 302(g) of the Clean Air Act (42 U.S.C. Subtitle B—Regulatory Streamlining an interlocutory or final judgment, decree, 7602(g)) is amended— SEC. 4131. COMMERCIAL LEASING PROGRAM FOR or order has not been issued by the district (1) by striking ‘‘(g) The term’’ and insert- OIL SHALE RESOURCES ON PUBLIC court by the deadline required under this ing the following: LAND. section, the cause or claim shall be dis- ‘‘(g) AIR POLLUTANT.— Subsection (e) of the Oil Shale, Tar Sands, missed with prejudice and all rights relating ‘‘(1) IN GENERAL.—The term’’; and Other Strategic Unconventional Fuels to the cause or claim shall be terminated. (2) by striking ‘‘Such term’’ and inserting Act of 2005 (42 U.S.C. 15927(e)) is amended— (e) ABILITY TO SEEK APPELLATE REVIEW.— the following: (1) in the first sentence, by striking ‘‘Not An interlocutory or final judgment, decree, ‘‘(2) INCLUSIONS.—The term ‘air pollut- later’’ and inserting the following: or order of the district court under this sec- ant’ ’’; and

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16908 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 (3) by adding at the end the following: ‘‘(xi) the geographical distribution of the Clean Water Act Concerning the Spruce No. ‘‘(3) EXCLUSIONS.—The term ‘air pollutant’ projected adverse electric reliability impacts 1 Mine, Logan County, WV’’ (76 Fed. Reg. does not include carbon dioxide, methane of the requirement; 3126; January 19. 2011), with no further re- from agriculture or livestock, or water ‘‘(xii) Federal, State, and local policies view or analysis. vapor.’’. that have been or will be implemented to (b) DEPARTMENT OF THE INTERIOR.—Not (b) EMISSION WAIVERS.—The Administrator support energy infrastructure in the United later than 30 days after the date of enact- of the Environmental Protection Agency States, including policies that promote fuel ment of this Act, the Secretary of the Inte- shall not grant to any State any waiver of diversity, affordable and reliable electricity, rior shall issue or reissue, with no further re- Federal preemption of motor vehicle stand- and energy security; and view or analysis, each lease for the produc- ards under section 209(b) of the Clean Air Act ‘‘(xiii) other direct and indirect impacts tion of oil or gas in the State of Utah was (42 U.S.C. 7543(b)) for preemption under that that are expected to result from the cumu- cancelled during any of calendar years 2009 Act for any regulation of the State to con- lative obligation to comply with the require- through 2011. trol greenhouse gas emissions from motor ment. SEC. 4138. CENTRAL VALLEY PROJECT. vehicles. ‘‘(B) REPORT.—Not later than 30 days after The Act of August 27, 1954 (68 Stat. 879, the date on which the economic review board chapter 1012; 16 U.S.C. 695d et seq.) is amend- SEC. 4135. EMPLOYMENT EFFECTS OF ACTIONS completes the assessment of a requirement ed by adding at the end the following: UNDER CLEAN AIR ACT. under subparagraph (A), the economic review ‘‘SEC. 9. EFFECT OF BIOLOGICAL OPINIONS. Section 321(b) of the Clean Air Act (42 board shall submit to Congress, the Presi- ‘‘Notwithstanding any other provision of U.S.C. 7621(b)) is amended— dent, and the Secretary a report that de- law, in connection with the Central Valley (1) by designating the first through eighth scribes the results of the assessment. Project, the Bureau of Reclamation and an sentences as paragraphs (1) through (8), re- ‘‘(C) REGULATIONS.—The Administrator agency of the State of California operating a spectively; and shall not promulgate regulations to imple- water project in connection with the Project (2) by adding at the end the following: ment a requirement described in paragraph shall not restrict operations of an applicable ‘‘(9) ECONOMIC ANALYSIS.—Not later than 30 (1) until at least 60 days after the date of project pursuant to any biological opinion days before conducting a public hearing or submission of the report on the requirement issued under the Endangered Species Act of providing notice of a determination that a under subparagraph (B).’’. 1973 (16 U.S.C. 1531 et seq.), if the restriction hearing is not necessary with respect to a re- SEC. 4136. ENDANGERED SPECIES. would result in a level of allocation of water quirement described in paragraph (1), the Ad- (a) EMERGENCIES.—Section 10 of the Endan- that is less than the historical maximum ministrator shall— gered Species Act of 1973 (16 U.S.C. 1539) is level of allocation of water under the ‘‘(A) conduct a full economic analysis of amended by adding at the end the following: project.’’. the requirement; and ‘‘(k) EMERGENCIES.—On the declaration of SEC. 4139. BEAUFORT SEA OIL DRILLING ‘‘(B) make the results of the analysis avail- an emergency by the Governor of a State, PROJECT. able to the public. the Secretary shall, for the duration of the Not later than 30 days after the date of en- ‘‘(10) ECONOMIC REVIEW BOARD.— emergency, temporarily exempt from the actment of this Act, the Administrator of ‘‘(A) IN GENERAL.—Not later than 30 days prohibition against taking, and the prohibi- the Environmental Protection Agency shall after the date on which the Administrator tion against the adverse modification of crit- issue a permit under the Clean Air Act (42 makes the results of an economic analysis of ical habitat, under this Act any action that U.S.C. 7401 et seq.) to Shell Oil Company to a requirement available to the public under is reasonably necessary to avoid or amelio- permit the Company to drill for oil in the paragraph (9)(B), the Secretary of Commerce rate the impact of the emergency, including Beaufort Sea, with no further review or anal- shall establish an economic review board the operation of any water supply or flood ysis. consisting of a representative from each Fed- control project by a Federal agency.’’. SEC. 4140. ENVIRONMENTAL LEGAL FEES. eral agency with jurisdiction over affected (b) PROHIBITION OF CONSIDERATION OF IM- Section 504 of title 5, United States Code, industries to assess— PACT OF GREENHOUSE GAS.— is amended by adding at the end the fol- ‘‘(i) the cumulative economic impact of the (1) IN GENERAL.—The Endangered Species lowing: requirement, including the direct, indirect, Act of 1973 (16 U.S.C. 1531 et seq.) is amended ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Not- quantifiable, and qualitative effects; by adding at the end the following: withstanding section 1304 of title 31, no ‘‘(ii) the cost of compliance with the re- ‘‘SEC. 19. PROHIBITION OF CONSIDERATION OF award may be made under this section and quirement; IMPACT OF GREENHOUSE GAS. no amounts may be obligated or expended ‘‘(iii) the effect of the requirement on the ‘‘(a) DEFINITION OF GREENHOUSE.—In this from the Claims and Judgment Fund of the retirement or closure of domestic businesses; section, the term ‘greenhouse gas’ means United States Treasury to pay any legal fees ‘‘(iv) the direct and indirect adverse im- any of— of an environmental nongovernmental orga- pacts on the economies of local communities ‘‘(1) carbon dioxide; nization related to an action that (with re- that are projected to result from the require- ‘‘(2) methane; spect to the United States)— ment; ‘‘(3) nitrous oxide; ‘‘(1) prevents, terminates, or reduces access ‘‘(v) energy sectors that could be expected ‘‘(4) sulfur hexafluoride; to or the production of— to retire units as a result of the requirement; ‘‘(5) a hydrofluorocarbon; ‘‘(A) energy; ‘‘(vi) the impact of the requirement on the ‘‘(6) a perfluorocarbon; or ‘‘(B) a mineral resource; price of electricity, oil, gas, coal, and renew- ‘‘(7) any other anthropogenic gas des- ‘‘(C) water by agricultural producers; able resources; ignated by the Secretary for purposes of this ‘‘(D) a resource by commercial or rec- ‘‘(vii) the economic harm to consumers re- section. reational fishermen; or sulting from the requirement; ‘‘(b) IMPACT OF GREENHOUSE GAS.—The im- ‘‘(E) grazing or timber production on Fed- ‘‘(viii) the impact of the requirement on pact of greenhouse gas on any species of fish eral land; the ability of industries and businesses in or wildlife or plant shall not be considered ‘‘(2) diminishes the private property value the United States to compete with industries for any purpose in the implementation of of a property owner; or and businesses in other countries, with re- this Act.’’. ‘‘(3) eliminates or prevents 1 or more spect to competitiveness in both domestic (2) CONFORMING AMENDMENT.—The table of jobs.’’. and foreign markets; contents in the first section of the Endan- TITLE II—JOBS AND ENERGY PERMITTING ‘‘(ix) the regions of the United States that gered Species Act of 1973 (16 U.S.C. prec. 1531) ACT are forecasted to be— is amended by adding at the end the fol- ‘‘(I) most affected from the direct and indi- lowing: SEC. 4201. SHORT TITLE. rect adverse impacts of the requirement ‘‘Sec. 18. Annual cost analysis by the Fish This title may be cited as the ‘‘Jobs and from the retirement of impacted units and and Wildlife Service. Energy Permitting Act’’. increased prices for retail electricity, trans- ‘‘Sec. 19. Prohibition of consideration of im- SEC. 4202. AIR QUALITY MEASUREMENT. portation fuels, heating oil, and petrochemi- pact of greenhouse gas.’’. Section 328(a)(1) of the Clean Air Act (42 cals; and SEC. 4137. REISSUANCE OF PERMITS AND U.S.C. 7627(a)(1)) is amended in the second ‘‘(II) least affected from adverse impacts LEASES. sentence by inserting before the period at described in subclause (I) due to the creation (a) ENVIRONMENTAL PROTECTION AGENCY.— the end the following: ‘‘, except that any air of new jobs and economic growth that are ex- Not later than 30 days after the date of en- quality impact of any OCS source shall be pected to result directly and indirectly from actment of this Act, the Administrator of measured or modeled, as appropriate, and de- energy construction projects; the Environment Protection Agency shall termined solely with respect to the impacts ‘‘(x) the adverse impacts of the require- approve the specification of the areas de- in the corresponding onshore area’’. ment on electric reliability that are ex- scribed in the notice entitled ‘‘Final Deter- SEC. 4203. OUTER CONTINENTAL SHELF SOURCE. pected to result from the retirement of elec- mination of the Assistant Administrator for Section 328(a)(4) of the Clean Air Act (42 tric generation; Water Pursuant to Section 404(c) of the U.S.C. 7627(a)(4)) is amended—

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16909 (1) in the matter preceding subparagraph Policy Revision’’, numbered 2010–118, and and natural gas-related development or con- (A), by striking ‘‘subsections (a) and (b)’’ and dated May 17, 2010. tribute to an increase in the domestic use of inserting ‘‘this subsection and subsections (3) Secretarial Order No. 3310 issued by the imported petroleum resources; and (b) and (d)’’; and Secretary of the Interior on December 22, ‘‘(ii) carry out a policy assessment to de- (2) in subparagraph (C)— 2010. termine the manner by which the policy (A) by redesignating clauses (i) through SEC. 4303. AMENDMENTS TO THE MINERAL LEAS- modification would impact— (iii) as subclauses (I) through (III), respec- ING ACT. ‘‘(I) revenues from oil and natural gas re- tively, and by indenting the subclauses ap- (a) ONSHORE OIL AND GAS LEASE ISSUANCE ceipts to the general fund of the Treasury, propriately; IMPROVEMENT.—Section 17(b)(1)(A) of the including a certification that the modifica- (B) by striking ‘‘The terms’’ and inserting Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is tion would, for the 10-year period beginning ‘‘(i) IN GENERAL.—The terms’’; and amended in the seventh sentence, by striking on the date of implementation of the modi- (C) by striking the undesignated matter ‘‘Leases shall be issued within 60 days fol- fication, not contribute to an aggregate loss following subclause (III) (as redesignated by lowing payment by the successful bidder of of oil and natural gas receipts; and subparagraph (A)) and inserting the fol- the remainder of the bonus bid, if any, and ‘‘(II) revenues to the treasury of each af- lowing: the annual rental for the first lease year’’ fected State that shares oil and natural gas ‘‘(ii) OCS SOURCE ACTIVITY.—An OCS source and inserting ‘‘The Secretary of the Interior receipts with the Federal Government, in- activity includes platform and drill ship ex- shall automatically issue a lease 60 days cluding a certification that the modification ploration, construction, development, pro- after the date of the payment by the success- would, for the 10-year period beginning on duction, processing, and transportation. ful bidder of the remainder of the bonus bid, the date of implementation of the modifica- ‘‘(iii) EMISSIONS.—Emissions from any ves- if any, and the annual rental for the first tion, not contribute to an aggregate loss of sel servicing or associated with an OCS lease year, unless the Secretary of the Inte- oil and natural gas receipts; and source, including emissions while at the OCS rior is able to issue the lease before that ‘‘(B) provide notice to the public of, and an source or en route to or from the OCS source date. The filing of any protest to the sale or opportunity to comment on, the policy modi- within 25 miles of the OCS source— issuance of a lease shall not extend the date fication in a manner consistent with sub- ‘‘(I) shall be considered direct emissions by which the lease is to be issued’’. chapter II of chapter 5 and chapter 7 of title from the OCS source; but (b) JUDICIAL REVIEW.—Section 17 of the 5, United States Code (commonly known as ‘‘(II) shall not be subject to any emission Mineral Leasing Act (30 U.S.C. 226) is amend- the ‘Administrative Procedure Act’).’’. control requirement applicable to the source ed by adding at the end the following: SEC. 4304. ANNUAL REPORT ON REVENUES GEN- under subpart 1 of part C of title I. ‘‘(q) JUDICIAL REVIEW.—Any action seeking ERATED FROM MULTIPLE USE OF ‘‘(iv) PLATFORM OR DRILL SHIP EXPLO- judicial review of the adequacy of any pro- PUBLIC LAND. RATION.—For platform or drill ship explo- gram or site-specific environmental impact (a) ANNUAL REPORT.—As part of the annual ration, an OCS source is established at the statement under section 102 of the National agency budget, the Secretary of the Interior point in time when drilling commences at a Environmental Policy Act of 1969 (42 U.S.C. (acting through the Director of the Bureau location and ceases to exist when drilling ac- 4332) concerning oil and gas leasing for on- of Land Management) and the Secretary of tivity ends at that location or is temporarily shore Federal land shall be barred unless the Agriculture (acting through the Chief of the interrupted because the platform or drill action is brought in the appropriate district Forest Service) shall submit an annual re- ship relocates for weather or other reasons.’’. court of the United States by the date that port detailing, for each field office, the reve- nues generated by each use of public land. SEC. 4204. PERMITS. is 60 days after the date on which there is (b) INCLUSIONS.—The report shall include— published in the Federal Register the notice Section 328 of the Clean Air Act (42 U.S.C. (1) a line item for each use of public land, of the availability of the environmental im- 7627) is amended by adding at the end the fol- including use for— pact statement.’’. lowing: (A) grazing; (c) DETERMINATION OF IMPACT OF PROPOSED ‘‘(d) PERMIT APPLICATION.—In the case of a (B) recreation; POLICY MODIFICATIONS.—The Mineral Leasing completed application for a permit under (C) timber; this Act for platform or drill ship explo- Act is amended by inserting after section 37 (30 U.S.C. 193) the following: (D) leasable minerals, including a distinct ration for an OCS source— accounting for each of oil, natural gas, coal, ‘‘(1) final agency action (including any re- ‘‘SEC. 38. DETERMINATION OF IMPACT OF PRO- and geothermal development; POSED POLICY MODIFICATIONS. consideration of the issuance or denial of the (E) locatable minerals; ‘‘(a) DEFINITIONS.—In this section: permit) shall be taken not later than 180 (F) renewable energy sources, including a ‘‘(1) DEPARTMENT.—The term ‘Department’ days after the date of filing the completed distinct accounting for each of wind and means the Department of the Interior. application; solar energy; ‘‘(2) SECRETARY.—The term ‘Secretary’ ‘‘(2) the Environmental Appeals Board of (G) the sale of land; and means the Secretary of the Interior. the Environmental Protection Agency shall (H) transmission; and ‘‘(b) DUTY OF SECRETARY.— have no authority to consider any matter re- (2) identification of the total acres des- ‘‘(1) IN GENERAL.—Before the modification lating to the consideration, issuance, or de- ignated as wilderness, wilderness study and implementation of any onshore oil or nial of the permit; areas, and wild lands. natural gas preleasing or leasing and devel- ‘‘(3) no administrative stay of the effec- (c) AVAILABILITY.—The Secretary of the In- tiveness of the permit may extend beyond opment policy (as in effect as of January 1, terior and the Secretary of Agriculture shall the date that is 180 days after the date of fil- 2010) or a policy relating to protecting the make the report prepared under this section ing the completed application; wilderness characteristics of public land, the publicly available on the applicable agency ‘‘(4) the final agency action shall be consid- Secretary shall— website. ered to be nationally applicable under sec- ‘‘(A) complete an economic impact assess- SEC. 4305. FEDERAL ONSHORE OIL AND NATURAL tion 307(b); and ment in accordance with paragraph (2); and GAS PRODUCTION GOAL. ‘‘(5) judicial review of the final agency ac- ‘‘(B) issue a determination that the pro- (a) IN GENERAL.—The Secretary of the In- tion shall be available only in accordance posed policy modification would have the ef- terior shall establish a domestic strategic with section 307(b) without additional ad- fects described in paragraph (2)(A). production goal for the development of oil ministrative review or adjudication.’’. ‘‘(2) REQUIREMENTS.—In carrying out an as- and natural gas managed by the Federal sessment to determine the impact of a pro- TITLE III—AMERICAN ENERGY AND Government. posed policy modification described in para- (b) REQUIREMENTS.—In establishing the WESTERN JOBS ACT graph (1), the Secretary shall— goal under subsection (a), the Secretary SEC. 4301. SHORT TITLE. ‘‘(A) in consultation with the appropriate shall— This title may be cited as the ‘‘American officials of each State (including political (1) ensure that the United States main- Energy and Western Jobs Act’’. subdivisions of the State) in which 1 or more tains or increases production of Federal on- SEC. 4302. RESCISSION OF CERTAIN INSTRUC- parcels of land subject to oil and natural gas shore oil and natural gas; TION MEMORANDA. leasing are located and any other appro- (2) ensure that the 10-year production out- The following are rescinded and shall have priate individuals or entities, as determined look for Federal onshore oil and natural gas no force or effect: by the Secretary— be provided annually; (1) The Bureau of Land Management In- ‘‘(i)(I) carry out an economic analysis of (3) examine steps to streamline the permit- struction Memorandum entitled ‘‘Oil and the impact of the policy modification on oil- ting process to meet the goal; Gas Leasing Reform—Land Use Planning and and natural gas-related employment oppor- (4) include the goal in each resource man- Lease Parcel Reviews’’, numbered 2010–117, tunities and domestic reliance on foreign im- agement plan; and and dated May 17, 2010. ports of petroleum resources; and (5) analyze each proposed policy of the De- (2) The Bureau of Land Management In- ‘‘(II) certify that the policy modification partment of the Interior for the potential struction Memorandum entitled ‘‘Energy would not result in a detrimental impact on impact of the policy on achieving the goal Policy Act Section 390 Categorical Exclusion employment opportunities relating to oil- before implementation of the policy.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16910 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011

SEC. 4306. OIL SHALE. ‘‘(i) terminates as of the date that is 60 ‘‘(D) EFFECTIVE DATE.—This paragraph ap- (a) ADDITIONAL RESEARCH AND DEVELOP- days after the date on which the Adminis- plies to permits for which applications are MENT LEASE SALES.—Not later than 180 days trator receives the proposed specification submitted under this section on or after Jan- after the date of enactment of this Act, the from the Secretary for review; and uary 1, 2010.’’. Secretary of the Interior shall hold a lease ‘‘(ii) shall not be used with respect to any TITLE V—ENERGY TAX PREVENTION ACT sale in which the Secretary of the Interior specification after issuance of the specifica- shall offer an additional 10 parcels for lease tion by the Secretary under subsection (a). SEC. 4501. SHORT TITLE. for research, development, and demonstra- ‘‘(B) SPECIFICATIONS DISAPPROVED BEFORE This title may be cited as the ‘‘Energy Tax tion of oil shale resources in accordance with DATE OF ENACTMENT.—In any case in which, Prevention Act’’. the terms offered in the solicitation of bids before the date of enactment of this subpara- SEC. 4502. NO REGULATION OF EMISSIONS OF for the leases described in the notice entitled graph, the Administrator disapproved a spec- GREENHOUSE GASES. ‘‘Potential for Oil Shale Development; Call ification under this subsection (as in effect (a) IN GENERAL.—Title III of the Clean Air for Nominations—Oil Shale Research, Devel- on the day before the date of enactment of Act (42 U.S.C. 7601 et seq.) is amended by opment, and Demonstration (R, D, and D) the Jobs Through Growth Act) after the adding at the end the following: Program’’ (74 Fed. Reg. 2611). specification was issued by the Secretary ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF (b) APPLICATION OF REGULATIONS.—The pursuant to subsection (a)— GREENHOUSE GASES. final rule entitled ‘‘Oil Shale Management— ‘‘(i) the Secretary may— ‘‘(a) DEFINITION.—In this section, the term General’’ (73 Fed. Reg. 69414), shall apply to ‘‘(I) reevaluate and reissue the specifica- ‘greenhouse gas’ means any of the following: all commercial leasing for the management tion after making appropriate modifications; ‘‘(1) Water vapor. of federally owned oil shale and any associ- or ‘‘(2) Carbon dioxide. ated minerals located on Federal land. ‘‘(II) elect not to reissue the specification; ‘‘(3) Methane. TITLE IV—MINING JOBS PROTECTION ACT and ‘‘(4) Nitrous oxide. ‘‘(ii) the Administrator shall have no fur- SEC. 4401. SHORT TITLE. ‘‘(5) Sulfur hexafluoride. This title may be cited as the ‘‘Mining ther authority to disapprove the modified ‘‘(6) Hydrofluorocarbons. Jobs Protection Act’’. specification or any reissuance of the speci- ‘‘(7) Perfluorocarbons. fication. SEC. 4402. PERMITS FOR DREDGED OR FILL MA- ‘‘(8) Any other substance subject to, or pro- ‘‘(C) FINALITY.—An election by the Sec- TERIAL. posed to be subject to, regulation, action, or Section 404 of the Federal Water Pollution retary under subparagraph (B)(i) shall con- consideration under this Act to address cli- Control Act (33 U.S.C. 1344) is amended by stitute final agency action. mate change. ‘‘(4) APPLICABILITY.—Except as provided in striking subsection (c) and inserting the fol- ‘‘(b) LIMITATION ON AGENCY ACTION.— paragraph (3), this subsection applies to each lowing: ‘‘(1) LIMITATION.— specification proposed to be issued under ‘‘(c) AUTHORITY OF ADMINISTRATOR TO DIS- ‘‘(A) IN GENERAL.—The Administrator may subsection (a) that is pending as of, or re- APPROVE SPECIFICATIONS.— not, under this Act, promulgate any regula- quested or filed on or after, the date of en- ‘‘(1) IN GENERAL.—The Administrator, in tion concerning, take action relating to, or accordance with this subsection, may pro- actment of the Jobs Through Growth Act’’. take into consideration the emission of a hibit the specification of any defined area as SEC. 4403. REVIEW OF PERMITS. greenhouse gas to address climate change. Section 404(q) of the Federal Water Pollu- a disposal site, and may deny or restrict the ‘‘(B) AIR POLLUTANT DEFINITION.—The defi- use of any defined area for specification as a tion Control Act (33 U.S.C. 1344(q)) is amend- nition of the term ‘air pollutant’ in section disposal site, in any case in which the Ad- ed— 302(g) does not include a greenhouse gas. (1) in the first sentence, by striking ‘‘(q) ministrator determines, after notice and op- Nothwithstanding the previous sentence, Not later than’’ and inserting the following: portunity for public hearings and consulta- such definition may include a greenhouse gas ‘‘(q) AGREEMENTS; HIGHER REVIEW OF PER- tion with the Secretary, that the discharge for purposes of addressing concerns other MITS.— of those materials into the area will have an than climate change. ‘‘(1) AGREEMENTS.— unacceptable adverse effect on— ‘‘(2) EXCEPTIONS.—Paragraph (1) does not ‘‘(A) IN GENERAL.—Not later than’’; ‘‘(A) municipal water supplies; (2) in the second sentence, by striking prohibit the following: ‘‘(B) shellfish beds and fishery areas (in- ‘‘Such agreements’’ and inserting the fol- ‘‘(A) Notwithstanding paragraph (4)(B), im- cluding spawning and breeding areas); lowing: plementation and enforcement of the rule ‘‘(C) wildlife; or ‘‘(B) DEADLINE.—Agreements described in entitled ‘Light-Duty Vehicle Greenhouse Gas ‘‘(D) recreational areas. subparagraph (A)’’; and Emission Standards and Corporate Average ‘‘(2) DEADLINE FOR ACTION.— (3) by adding at the end the following: Fuel Economy Standards’ (75 Fed. Reg. 25324 ‘‘(A) IN GENERAL.—The Administrator ‘‘(2) HIGHER REVIEW OF PERMITS.— (May 7, 2010) and without further revision) shall— ‘‘(A) IN GENERAL.—Subject to subparagraph and finalization, implementation, enforce- ‘‘(i) not later than 30 days after the date on (C), before the Administrator or the head of ment, and revision of the proposed rule enti- which the Administrator receives from the another Federal agency requests that a per- tled ‘Greenhouse Gas Emissions Standards Secretary for review a specification proposed mit proposed to be issued under this section and Fuel Efficiency Standards for Medium- to be issued under subsection (a), provide no- receive a higher level of review by the Sec- and Heavy-Duty Engines and Vehicles’ pub- tice to the Secretary of, and publish in the retary, the Administrator or other head lished at 75 Fed. Reg. 74152 (November 30, Federal Register, a description of any poten- shall— 2010). tial concerns of the Administrator with re- ‘‘(i) consult with the head of the State ‘‘(B) Implementation and enforcement of spect to the specification, including a list of agency having jurisdiction over aquatic re- section 211(o). measures required to fully address those con- sources in each State in which activities ‘‘(C) Statutorily authorized Federal re- cerns; and under the requested permit would be carried search, development, and demonstration pro- ‘‘(ii) if the Administrator intends to dis- out; and grams addressing climate change. approve a specification, not later than 60 ‘‘(ii) obtain official consent from the State ‘‘(D) Implementation and enforcement of days after the date on which the Adminis- agency (or, in the case of multiple States in title VI to the extent such implementation trator receives a proposed specification which activities under the requested permit or enforcement only involves one or more under subsection (a) from the Secretary, pro- would be carried out, from each State agen- class I or class II substances (as such terms vide to the Secretary and the applicant, and cy) to designate areas covered or affected by are defined in section 601). publish in the Federal Register, a statement the proposed permit as aquatic resources of ‘‘(E) Implementation and enforcement of of disapproval of the specification pursuant national importance. section 821 (42 U.S.C. 7651k note) of Public to this subsection, including the reasons for ‘‘(B) FAILURE TO OBTAIN CONSENT.—If the Law 101–549 (commonly referred to as the the disapproval. Administrator or the head of another Fed- ‘Clean Air Act Amendments of 1990’). ‘‘(B) FAILURE TO ACT.—If the Administrator eral agency does not obtain State consent ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth- fails to take any action or meet any deadline described in subparagraph (A) with respect ing listed in paragraph (2) shall cause a described in subparagraph (A) with respect to a permit proposed to be issued under this greenhouse gas to be subject to part C of to a proposed specification, the Adminis- section, the Administrator or Federal agency title I (relating to prevention of significant trator shall have no further authority under may not proceed in seeking higher review of deterioration of air quality) or considered an this subsection to disapprove or prohibit the permit. air pollutant for purposes of title V (relating issuance of the specification. ‘‘(C) LIMITATION ON ELEVATIONS.—The Ad- to air permits). ‘‘(3) NO RETROACTIVE DISAPPROVAL.— ministrator or the head of another Federal ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The ‘‘(A) IN GENERAL.—The authority of the Ad- agency may request that a permit proposed following rules, and actions (including any ministrator to disapprove or prohibit to be issued under this section receive a supplement or revision to such rules and ac- issuance of a specification under this sub- higher level of review by the Secretary not tions) are repealed and shall have no legal ef- section— more than once per permit. fect:

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16911 ‘‘(A) ‘Mandatory Reporting of Greenhouse ‘‘(I) is not federally enforceable; ‘‘(ii) on and after June 1, 2013, and before Gases’, published at 74 Fed. Reg. 56260 (Octo- ‘‘(II) is not deemed to be a part of Federal December 31, 2013, if trade authorities proce- ber 30, 2009). law; and dures are extended under subsection (c); ‘‘(B) ‘Endangerment and Cause or Con- ‘‘(III) is deemed to be stricken from the and’’; tribute Findings for Greenhouse Gases under plan described in clause (ii)(I) or the pro- (2) in subsection (b)(1), by striking sub- section 202(a) of the Clean Air Act’ published gram or permit described in clause (ii)(II), as paragraph (C) and inserting the following: at 74 Fed. Reg. 66496 (Dec. 15, 2009). applicable. ‘‘(C) The President may enter into a trade ‘‘(ii) PROVISIONS DEFINED.—For purposes of ‘‘(C) ‘Reconsideration of the Interpretation agreement under this paragraph— clause (i), the term ‘provision’ means any of Regulations That Determine Pollutants ‘‘(i) on and after the date of the enactment Covered by Clean Air Act Permitting Pro- provision that— of the Creating American Jobs through Ex- grams’ published at 75 Fed. Reg. 17004 (April ‘‘(I) is contained in a State implementa- ports Act of 2011 and before June 1, 2013; or 2, 2010) and the memorandum from Stephen tion plan under section 110 and authorizes or ‘‘(ii) on and after June 1, 2013, and before L. Johnson, Environmental Protection Agen- requires a limitation on, or imposes a permit cy (EPA) Administrator, to EPA Regional requirement for, the emission of a green- December 31, 2013, if trade authorities proce- Administrators, concerning ‘EPA’s Interpre- house gas to address climate change; or dures are extended under subsection (c).’’; tation of Regulations that Determine Pollut- ‘‘(II) is part of an operating permit pro- and ants Covered by Federal Prevention of Sig- gram under title V, or a permit issued pursu- (3) in subsection (c)— nificant Deterioration (PSD) Permit Pro- ant to title V, and authorizes or requires a (A) in paragraph (1)— gram’ (Dec. 18, 2008). limitation on the emission of a greenhouse (i) in subparagraph (A), by striking ‘‘before ‘‘(D) ‘Prevention of Significant Deteriora- gas to address climate change. July 1, 2005’’ and inserting ‘‘on and after the tion and Title V Greenhouse Gas Tailoring ‘‘(C) ACTION BY ADMINISTRATOR.—The Ad- date of the enactment of the Creating Amer- Rule’, published at 75 Fed. Reg. 31514 (June 3, ministrator may not approve or make feder- ican Jobs through Exports Act of 2011 and be- 2010). ally enforceable any provision described in fore June 1, 2013’’; and ‘‘(E) ‘Action To Ensure Authority To Issue subparagraph (B)(ii).’’. (ii) in subparagraph (B)— Permits Under the Prevention of Significant SEC. 4503. PRESERVING ONE NATIONAL STAND- (I) in the matter preceding clause (i), by ARD FOR AUTOMOBILES. Deterioration Program to Sources of Green- striking ‘‘after June 30, 2005, and before July house Gas Emissions: Finding of Substantial Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end 1, 2007’’ and inserting ‘‘on or after June 1, Inadequacy and SIP Call’, published at 75 2013, and before December 31, 2013’’; and Fed. Reg. 77698 (December 13, 2010). the following: ‘‘(4) With respect to standards for emis- (II) in clause (ii), by striking ‘‘July 1, 2005’’ ‘‘(F) ‘Action To Ensure Authority To Issue and inserting ‘‘June 1, 2013’’; Permits Under the Prevention of Significant sions of greenhouse gases (as defined in sec- (B) in paragraph (2), in the matter pre- Deterioration Program to Sources of Green- tion 330) for model year 2017 or any subse- ceding subparagraph (A), by striking ‘‘April house Gas Emissions: Finding of Failure to quent model year for new motor vehicles and 1, 2005’’ and inserting ‘‘March 1, 2013’’; Submit State Implementation Plan Revi- new motor vehicle engines— sions Required for Greenhouse Gases’, pub- ‘‘(A) the Administrator may not waive ap- (C) in paragraph (3)— lished at 75 Fed. Reg. 81874 (December 29, plication of subsection (a); and (i) in subparagraph (A), in the matter pre- 2010). ‘‘(B) no waiver granted prior to the date of ceding clause (i), by striking ‘‘June 1, 2005’’ ‘‘(G) ‘Action To Ensure Authority To Issue enactment of this paragraph may be consid- and inserting ‘‘May 1, 2013’’; and Permits Under the Prevention of Significant ered to waive the application of subsection (ii) in subparagraph (B)— Deterioration Program to Sources of Green- (a).’’. (I) by striking ‘‘June 1, 2005’’ and inserting house Gas Emissions: Federal Implementa- TITLE VI—REPEAL RESTRICTIONS ON ‘‘May 1, 2013’’; and tion Plan’, published at 75 Fed. Reg. 82246 GOVERNMENT USE OF DOMESTIC AL- (II) by striking ‘‘the date of enactment of (December 30, 2010). TERNATIVE FUELS this Act’’ and inserting ‘‘the date of the en- ‘‘(H) ‘Action To Ensure Authority To Im- SEC. 4601. REPEAL OF UNNECESSARY BARRIER actment of the Creating American Jobs plement Title V Permitting Programs Under TO DOMESTIC FUEL PRODUCTION. through Exports Act of 2011’’; and the Greenhouse Gas Tailoring Rule’, pub- Section 526 of the Energy Independence (D) in paragraph (5), by striking ‘‘June 30, lished at 75 Fed. Reg. 82254 (December 30, and Security Act of 2007 (42 U.S.C. 17142) is 2005’’ each place it appears and inserting 2010). repealed. ‘‘May 31, 2013’’. ‘‘(I) ‘Determinations Concerning Need for TITLE VII—PUBLIC LANDS JOB CREATION Error Correction, Partial Approval and Par- ACT (b) TREATMENT OF THE TRANS-PACIFIC PARTNERSHIP AGREEMENT AND CERTAIN tial Disapproval, and Federal Implementa- SEC. 4701. SHORT TITLE. tion Plan Regarding Texas Prevention of This title may be cited as the ‘‘Public OTHER AGREEMENTS.—Section 2106 of the Bi- Significant Deterioration Program’, pub- Lands Job Creation Act’’. partisan Trade Promotion Authority Act of lished at 75 Fed. Reg. 82430 (December 30, SEC. 4702. REVIEW OF CERTAIN FEDERAL REG- 2002 (19 U.S.C. 3806) is amended— 2010). ISTER NOTICES. (1) in subsection (a)— ‘‘(J) ‘Limitation of Approval of Prevention If, by the date that is 45 days after the date (A) in paragraph (1), by striking the of Significant Deterioration Provisions Con- on which a State Bureau of Land Manage- comma at the end and inserting ‘‘, or’’; cerning Greenhouse Gas Emitting-Sources in ment office has submitted a Federal Register (B) by striking paragraphs (2), (3), and (4) State Implementation Plans; Final Rule’, notice to the Washington, DC, office of the and inserting the following: published at 75 Fed. Reg. 82536 (December 30, Bureau of Land Management for Department ‘‘(2) establishes a Trans-Pacific Partner- 2010). of Interior review, the review has not been ship,’’; and ‘‘(K) ‘Determinations Concerning Need for completed— (C) in the flush text at the end, by striking (1) the notice shall consider to be approved; Error Correction, Partial Approval and Par- ‘‘the date of the enactment of this Act’’ and and tial Disapproval, and Federal Implementa- inserting ‘‘the date of the enactment of the (2) the State Bureau of Land Management tion Plan Regarding Texas Prevention of Creating American Jobs through Exports office shall immediately forward the notice Significant Deterioration Program; Proposed Act of 2011’’; and Rule’, published at 75 Fed. Reg. 82365 (De- to the Federal Register for publication. (2) in subsection (b)(2), in the matter pre- cember 30, 2010). DIVISION E—EXPORT PROMOTION ceding subparagraph (A), by striking ‘‘the ‘‘(L) Except for action listed in paragraph SEC. 5001. SHORT TITLE. enactment of this Act’’ and inserting ‘‘the (2), any other Federal action under this Act This division may be cited as the ‘‘Cre- date of the enactment of the Creating Amer- occurring before the date of enactment of ating American Jobs through Exports Act of ican Jobs through Exports Act of 2011’’. this section that applies a stationary source 2011’’. permitting requirement or an emissions SEC. 5002. RENEWAL OF TRADE PROMOTION AU- SEC. 5003. MODIFICATION OF STANDARD FOR standard for a greenhouse gas to address cli- THORITY. PROVISIONS THAT MAY BE IN- mate change. (a) IN GENERAL.—Section 2103 of the Bipar- CLUDED IN IMPLEMENTING BILLS. ‘‘(5) STATE ACTION.— tisan Trade Promotion Authority Act of 2002 Section 2103(b) of the Bipartisan Trade ‘‘(A) NO LIMITATION.—This section does not (19 U.S.C. 3803) is amended— limit or otherwise affect the authority of a (1) in subsection (a)(1), by striking sub- Promotion Authority Act of 2002 (19 U.S.C. State to adopt, amend, enforce, or repeal paragraph (A) and inserting the following: 3803(b)), as amended by section 5002(a), is fur- State laws and regulations pertaining to the ‘‘(A) may enter into trade agreements with ther amended in paragraph (3)(B) by striking emission of a greenhouse gas. foreign countries— clause (ii) and inserting the following: ‘‘(B) EXCEPTION.— ‘‘(i) on and after the date of the enactment ‘‘(ii) provisions that are necessary to the ‘‘(i) RULE.—Notwithstanding subparagraph of the Creating American Jobs through Ex- implementation and enforcement of such (A), any provision described in clause (ii)— ports Act of 2011 and before June 1, 2013; or trade agreement.’’.

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD 16912 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 November 8, 2011 AUTHORITY FOR COMMITTEES TO RECOGNIZING AND HONORING THE $90,000,000 per year over the past 5 years to MEET ZOOS AND AQUARIUMS OF THE support more than 4,000 field conservation UNITED STATES and research projects in more than 100 coun- COMMITTEE ON ARMED SERVICES tries; and Mr. PRYOR. Mr. President, I ask Mr. REID. Mr. President, I ask unan- Whereas many Federal agencies have rec- unanimous consent that the Com- imous consent that the Environment ognized accredited zoos and aquariums as mittee on Armed Services be author- and Public Works Committee be dis- critical partners in rescue, rehabilitation, ized to meet during the session of the charged from further consideration of confiscation, and reintroduction efforts for Senate on November 8, 2011, at 9:30 a.m. S. Res. 132 and the Senate proceed to distressed, threatened, and endangered spe- cies: Now, therefore, be it The PRESIDING OFFICER. Without its consideration. Resolved, That the Senate— objection, it is so ordered. The PRESIDING OFFICER. Without (1) recognizes and honors the zoos and COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. aquariums of the United States; RESOURCES The clerk will report the resolution (2) commends the employees and volun- Mr. PRYOR. Mr. President, I ask by title. teers at each zoo and aquarium for their unanimous consent that the Com- The legislative clerk read as follows: hard work and dedication; mittee on Energy and Natural Re- A resolution (S. Res. 132) recognizing and (3) recommends that people in the United sources be authorized to meet during honoring the zoos and aquariums of the States visit their local accredited zoo and United States. aquarium and take advantage of the edu- the session of the Senate on November cational opportunities that such zoos and 8, 2011, at 10:30 a.m., in room 366 of the There being no objection, the Senate aquariums offer; and Dirksen Senate Office Building. proceeded to consider the resolution. (4) urges continued support for accredited The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- zoos and aquariums and the important con- objection, it is so ordered. imous consent that the resolution be servation, education, and recreation pro- COMMITTEE ON FOREIGN RELATIONS agreed to, the preamble be agreed to, grams of such zoos and aquariums. Mr. PRYOR. Mr. President, I ask the motions to reconsider be laid upon f unanimous consent that the Com- the table, with no intervening action UNANIMOUS CONSENT mittee on Foreign Relations be author- or debate, and that any statements re- AGREEMENT—S. 1280 ized to meet during the session of the lating to the matter be printed in the Mr. REID. Mr. President, I ask unan- Senate on November 8, 2011, at 10 a.m. RECORD. imous consent that the amendment to The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. the title of S. 1280 be engrossed, set out objection, it is so ordered. in the heading of amendment No. 668, COMMITTEE ON HEALTH, EDUCATION, LABOR, The resolution (S. Res. 132) was agreed to. be considered to have been proposed AND PENSIONS and adopted as such. The preamble was agreed to. Mr. PRYOR. Mr. President, I ask The PRESIDING OFFICER. Without The resolution, with its preamble, unanimous consent that the Com- objection, it is so ordered. mittee on Health, Education, Labor, reads as follows: Mr. REID. Mr. President, the amend- and Pensions be authorized to meet, S. RES. 132 ment to the title of S. 1280, as en- during the session of the Senate, to Whereas the 223 zoos and aquariums ac- grossed by the Senate was set out only conduct a hearing entitled ‘‘Beyond credited by the Association of Zoos and in the heading of amendment No. 668, NCLB: Veiws on the Elementary and Aquariums support more than 142,000 jobs the substitute for the bill, and not in Secondary Education Reauthorization nationwide, making such zoos and aquariums the text of amendment No. 668. It was Act’’ on November 8, 2011, at 10 a.m. in a valuable part of local and national econo- not properly drafted as an amendment mies; room 106 of the Dirksen Senate Office Whereas according to the Association of to the title of the bill. Unlike properly Building. Zoos and Aquariums, accredited zoos and drafted title amendments, amendment The PRESIDING OFFICER. Without aquariums generate more than $15,000,000,000 headings are not printed in the CON- objection, it is so ordered. in economic activity in the United States GRESSIONAL RECORD, nor are they con- COMMITTEE ON HOMELAND SECURITY AND annually; tained in online computer records. GOVERNMENTAL AFFAIRS Whereas according to the Association of Therefore, this title amendment is first Mr. PRYOR. Mr. President, I ask Zoos and Aquariums, accredited zoos and present in the engrossed Senate bill unanimous consent that the Com- aquariums attract more than 165,000,000 visi- and is not otherwise reproduced as part tors each year and are a valuable part of re- mittee on Homeland Security and Gov- of the legislative history of the bill. To gional, State, and local tourist economies; clarify the Senate’s intention to amend ernmental Affairs be authorized to Whereas according to the Association of meet during the session of the Senate Zoos and Aquariums, accredited zoos and this title, the Senate agreed to this on November 8, 2011, at 2 p.m. aquariums have formally trained more than unanimous consent request. The PRESIDING OFFICER. Without 400,000 teachers, and such zoos and aquar- f objection, it is so ordered. iums support science curricula with effective teaching materials and hands-on opportuni- ORDERS FOR WEDNESDAY, COMMITTEE ON THE JUDICIARY ties and host more than 12,000,000 students NOVEMBER 9, 2011 Mr. PRYOR. Mr. President, I ask annually on school field trips; Mr. REID. Mr. President, I ask unan- unanimous consent that the Com- Whereas according to the Association of imous consent that when the Senate mittee on the Judiciary be authorized Zoos and Aquariums, accredited zoos and completes its business today, it ad- to meet during the session of the Sen- aquariums provide a unique opportunity for journ until 9:30 a.m. tomorrow, ate, on November 8, 2011, at 10 a.m., in the public to engage in conservation and Wednesday, November 9, 2011; that fol- room SD-226 of the Dirksen Senate Of- education efforts, and more than 60,000 peo- ple invest more than 3,000,000 hours per year lowing the prayer and pledge, the Jour- fice Building, to conduct a hearing en- nal of proceedings be approved to date, titled ‘‘Oversight of the U.S. Depart- as volunteers at such zoos and aquariums; Whereas public investment in accredited the morning hour be deemed expired, ment of Justice.’’ zoos and aquariums has dual benefits, includ- and the time for the two leaders be re- The PRESIDING OFFICER. Without ing immediate job creation and environ- served for their use later in the day; objection, it is so ordered. mental education for children in the United that following any leader remarks, the SELECT COMMITTEE ON INTELLIGENCE States; Senate be in a period of morning busi- Mr. PRYOR. Mr. President, I ask Whereas accredited zoos and aquariums ness for 70 minutes, with Senators per- unanimous consent that the Select focus on connecting people and animals, and mitted to speak therein for up to 10 Committee on Intelligence be author- such zoos and aquariums provide a critical link to helping animals in their native habi- minutes each, with the time equally di- ized to meet during the session of the tats; vided and controlled between the two Senate on November 5, 2011, at 2:30 p.m. Whereas according to the Association of leaders or their designees, with the Re- The PRESIDING OFFICER. Without Zoos and Aquariums, accredited zoos and publicans controlling the first 40 min- objection, it is so ordered. aquariums have provided more than utes and the majority controlling the

VerDate Sep 11 2014 12:49 Mar 17, 2015 Jkt 099102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR11\S08NO1.002 S08NO1 rmajette on DSK2TPTVN1PROD with BOUND RECORD November 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 12 16913 final 30 minutes; that following morn- ANDREW WEBER DUFF, OF THE DISTRICT OF COLUMBIA ANGELA D. SHELTON SUSAN L. DUNATHAN, OF NORTH CAROLINA KIMBERLY A. SMITH ing business, the Senate proceed to the WREN S. ELHAI, OF VIRGINIA To be senior assistant dental officer consideration of S.J. Res. 6, under the MICHAEL JARED FELDMAN, OF MARYLAND JAMES PATRICK FELDMAYER, OF WASHINGTON MELISSA L. ALYLWORTH previous order. BETH RUSHFORD FERNALD, OF NEW HAMPSHIRE TARA L. RAGLAND The PRESIDING OFFICER. Without CAITLIN FINLEY, OF OREGON LIAM E. FITZGERALD, OF VIRGINIA To be assistant dental officer objection, it is so ordered. SACHA FRAITURE, OF MARYLAND WILLIAM DAVID TUNGETT FROST, OF KENTUCKY DAVID J. MCINTYRE f DORY GEDEON, OF VIRGINIA To be nurse officer LAUREN M. GIBSON, OF MARYLAND PROGRAM NICHOLAS GRAY, OF WISCONSIN SAMUEL N. CARDARELLA MILES CHRISTIAN HANSEN, OF UTAH To be assistant nurse officer Mr. REID. Mr. President, tomorrow MARK D. HARLAN, OF THE DISTRICT OF COLUMBIA KIMBERLY REBECCA HARMON, OF SOUTH CAROLINA JEFFREY M. BENZMILLER we will debate S.J. Res. 6 regarding net JOHN HAZLETT, JR., OF MARYLAND TINA M. BRADS-PITT neutrality and continue debate on H.R. JEFFREY CLAIR HILLIARD, OF CALIFORNIA TIMIKI A. BROWN COURTNEY W. HO, OF NEW JERSEY YANEKE T. DUFFUS 674, the 3% Withholding Repeal and REID STEVENSON HOWELL, OF OREGON AMANDA H. FRISON Jobs Act, with the Veterans jobs MAIETA HOWZE, OF THE DISTRICT OF COLUMBIA KAMAH A. HOWARD JONATHAN HWANG, OF CALIFORNIA VICTORIA E. MALEY amendment. KUMI T. IKEDA, OF CALIFORNIA ERIN M. MCMAHON AMIRAH TAREK ISMAIL, OF ARIZONA ABBY L. MOZEKE-BAKER f NILE JOHANNA JOHNSON, OF GEORGIA JAMES A. NOWELL JOAN KATO, OF IOWA RODNEY C. PERKINS ADJOURNMENT UNTIL 9:30 A.M. RICHARD THOMAS KERR, OF NEW HAMPSHIRE MARY LEE PETERSEN TOMORROW AAMER ALAM KHAN, OF MASSACHUSETTS MAHOGONY J. RAHMING JOSEPH KIM, OF VIRGINIA JESUS B. REYNA Mr. REID. If there is no further busi- JAN JERRY KRASNY, OF FLORIDA KIMMALA S. ROUNDTREE JIN-FONG YASUO LAM, OF FLORIDA RANDAL A. SHERRON ness to come before the Senate, I ask FRANK LAVOIE, OF NEVADA JAMIE A. SMITH ROBERT P. LEFMAN, OF VIRGINIA DARLENE A. STEPHENS unanimous consent that the Senate KELLY LORENZ, OF VIRGINIA stand adjourned under the previous JACLYN LUO, OF GEORGIA To be junior assistant nurse officer JAMES REID MACDONALD III, OF OREGON MALVIS N. ACHONDUH order. EWAN JOHN MACDOUGALL, OF NEW YORK ADEDOYIN A. ADEPOJU ERICA MAGALLON, OF CALIFORNIA There being no objection, the Senate, SHEENA R. BAILEY DAN MARK, OF WASHINGTON JOHNICE J. BARAJAS at 8:12 p.m., adjourned until Wednes- TRACY MARTIN, OF NEW YORK NANCY R. BOGDANOVIC VANESSA DANIELLE COLN MATOS, OF TEXAS day, November 9, 2011, at 9:30 a.m. DUSTIN V. BOWDEN KEVIN E. MCCALL, OF MARYLAND CARIN S. BUSCH KRISTINE R. MCELWEE, OF HAWAII f JAMES L. CARTER DAVID MCWILLIAMS, OF TEXAS CHRISTOPHER M. DAVIS MATTHEW MICHAEL, OF VIRGINIA NOMINATIONS KATHRYN E. FAFORD LITAH NICOLE MILLER, OF MISSOURI ALYSSA N. GIVENS JAMES J. MURPHY, OF VIRGINIA Executive nominations received by CRYSTAL N. HARRIS CRISTINA MARIE NARVAEZ, OF MINNESOTA REBECCA A. HAYNES the Senate: CARLY SABRIA NASEHI, OF FLORIDA ASHLEY J. INNISS TOBIN H. NELSON, OF CALIFORNIA LYNN C. JOHNSON UNITED STATES INTERNATIONAL TRADE KATHERINE ADJOA NTIAMOAH, OF INDIANA KELLIE LEVEILLE COMMISSION WILLIAM E. O’BRYAN, OF NEBRASKA VALERIE J. MARTIN LARRY G. PADGET, JR., OF VIRGINIA JENNIFER N. MORGAN MEREDITH M. BROADBENT, OF VIRGINIA, TO BE A MEM- DAVID TODD PANETTI, OF MINNESOTA ALI A. PATINO, JR BER OF THE UNITED STATES INTERNATIONAL TRADE MELISSA PAULSEN, OF GEORGIA JENNIFER L. RUNNELS COMMISSION FOR A TERM EXPIRING JUNE 16, 2017 , VICE NICOLETTE L. PAYNE, OF MICHIGAN STEPHEN K. RUSSELL DEANNA TANNER OKUN, TERM EXPIRED. AMY PETERSEN, OF THE DISTRICT OF COLUMBIA CAITILIN M. WESKAMP SHANNON ELISABETH PETRY, OF CONNECTICUT DEPARTMENT OF STATE ERICA M. WILLIAMS HEDAYAT KHALIL RAFIQZAD, OF VIRGINIA ERIC D. WILSON ANNE CLAIRE RICHARD, OF NEW YORK, TO BE AN AS- CHRISTOPHER RAINS, OF CALIFORNIA SARAH R. YOUNGBAUER SISTANT SECRETARY OF STATE (POPULATION, REFU- KAKOLI RAY, OF NEW JERSEY GEES, AND MIGRATION), VICE ERIC P. SCHWARTZ, RE- JUSTIN REID, OF CALIFORNIA To be assistant engineer officer SIGNED. SALINA RICO, OF CALIFORNIA TARA D. SONENSHINE, OF MARYLAND, TO BE UNDER KAHINA MILDRANA ROBINSON, OF CALIFORNIA SHANE C. DECKERT SECRETARY OF STATE FOR PUBLIC DIPLOMACY, VICE JOHN RUNKLE, OF WASHINGTON ABRAHAM MARRERO JUDITH A. MCHALE. PHILLIP R. SALEH, OF VIRGINIA MARTA MARTIN—MATOS LEILA SALIBA, OF THE DISTRICT OF COLUMBIA TRAVIS R. SPAETH FOREIGN SERVICE WILLIAM C. SANDS, OF MICHIGAN MICHAEL H. TOLLON VIKY G. VERNA THE FOLLOWING-NAMED PERSONS OF THE DEPART- MIRIAM S. SCHIVE, OF MARYLAND MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- THOMAS SAMART SMITH, OF WYOMING To be junior asisstant engineer officer ICE OFFICERS OF THE CLASSES STATED: NOOSHIN SOLTANI, OF NEW YORK FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF PAUL A. ST. PIERRE II, OF VIRGINIA KELLY R. HOEKSEMA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN JAMES V. STANG, OF CALIFORNIA LYONEL A. JEAN—BAPTISTE, JR ELYSE STINES, OF NEW YORK THE DIPLOMATIC SERVICE OF THE UNITED STATES OF To be assistant scientist officer AMERICA, ELISABETH CARBIN STRATTON, OF THE DISTRICT OF CO- LUMBIA JASON P. JEFFREYS, OF MISSISSIPPI SARAH E. ANGSTMAN KAREN TANG, OF VIRGINIA ROBERT W. BINFORD FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ALEXANDRA JOLIE TAYLOR, OF PENNSYLVANIA ADAM S. COLEMAN CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN SEAN ANDREW THOMPSON, OF WASHINGTON CHRISTOPHER L. COOPER THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ELIZABETH B. THRELKELD, OF OKLAHOMA BLAIR R. DANCY AMERICA, BRIAN ANDREW TIMM-BROCK, OF PENNSYLVANIA ALYSON BETH S. EISENHARDT CORINNA E. YBARRA ARNOLD, OF TEXAS CAITLIN JANE TUMULTY, OF MASSACHUSETTS BRUCE V. FIGUERRED NICHOLAS TYNER, OF MASSACHUSETTS FOREIGN SERVICE OF THE DEPARTMENT OF STATE TO CAITILIN A. HAMILL TIA H. VANNI, OF VIRGINIA LUIS M. ITURRIAGA BE CONSULAR OFFICERS AND SECRETARIES IN THE DIP- KAVEH VAMEGHI VESSALI, OF CALIFORNIA LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: ERIC F. KEBKER ROBERT D. VITATOE, OF GEORGIA YVETTE LAWRENCE—HOOD ANDREA ARCILA, OF TEXAS HARLOW C. VOORHEES, OF THE DISTRICT OF COLUMBIA MARK S. LEVI ANDREW J. AYLWARD, OF CALIFORNIA DANIEL T. WEBBER, OF VIRGINIA ERICA L. MEDLOCK KALA CARRUTHERS AZAR, OF VIRGINIA JOHN ALAN WEBER, OF WEST VIRGINIA JOHN T. PESCE BRANISLAVA BELL, OF VIRGINIA EILEEN WEDEL, OF FLORIDA CHANDRA SPROLES JAMES CHARLES BENNETT, OF WISCONSIN ERIC MICHAEL WILSON, OF THE DISTRICT OF COLUMBIA ASHLEY KAY S. WINKLEMAN JOSHUA R. BENZ, OF MARYLAND COURTNEY J. WOODS, OF ARKANSAS JULIANA A. ZUCCO TIMOTHY JUDE BERTOCCI, OF VIRGINIA ANNIKA R. BETANCOURT, OF CONNECTICUT PUBLIC HEALTH SERVICE To be assistant veterinary officer WILLIAM LEE BLACK II, OF VIRGINIA THE FOLLOWING CANDIDATES FOR PERSONNEL AC- PHILIPPE A. BOHEC, OF THE DISTRICT OF COLUMBIA MICHAEL CHIU TION IN THE REGULAR CORPS OF THE COMMISSIONED WENDY B. CUEVAS—ESPELID MATTHEW ANTHONY BOULLIOUN, OF VIRGINIA CORPS OF THE U.S. PUBLIC HEALTH SERVICE SUBJECT CHARLES B. BOWERS, OF VIRGINIA TORIA C. DAVIS—FOSTER TO QUALIFICATIONS THEREFORE AS PROVIDED BY LAW SANG H. LEE MICHEL C. BUEKENS, OF THE DISTRICT OF COLUMBIA AND REGULATIONS: AARON PAUL BURGE, OF FLORIDA To be assistant pharmacy officer ALLISON SUZANNE BYBEE, OF NEW JERSEY To be surgeon CINDY H. CHEN, OF ILLINOIS SAMUEL N. AREH SHILIANG (THOMAS) CHEN, OF NEW YORK JOSE G. BAL NEGASSI M. BIRE DAHM CHOI, OF CALIFORNIA FATU M. FORNA MICHAEL O. BOLURO—AJAYI KRISTOFER LEE , OF FLORIDA ERICA D. RADDEN GRACE P. CHAI PATRICK FRANCIS COLLINS, OF ILLINOIS To be senior assistant medical officer JENNY CHANG JESSI MARIE COPELAND, OF VIRGINIA SAMUEL E. CINCOTTA EMILY ANN CRACKNELL, OF VIRGINIA DEBORAH S. BELSKY DELLA C. CUTCHINS EDWARD FRANCIS DANOWITZ III, OF GEORGIA MARIA D. DEARMAN ARIEL R. DAVIS KRISTIE DILASCIO, OF THE DISTRICT OF COLUMBIA SETH R. HECKMAN LAURA E. ENMAN ANDREW JOSEPH DILBERT, OF FLORIDA JONATHAN R. KEVAN KATHERINE J. FREELING REBECCA ANN DOFFING, OF MINNESOTA SARAH E. NILES TERESA R. GRUND

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BRIAN D. HAMBURGER SHARLA L. JANSSEN GINA C. ORTIZ MANDEL J. HEARNS KELSEY R. LUCZAK NICHOLAS J. SCIRE CHRISTOPHER JANIK SANDRA M. MATHOSLAH MICHELLE L. SHEEDY NINA M. JOHNSON—WHITENACK RACHAEL L. MEAD RENEE D. SMITH SADHNA KHATRI ANTHONY C. SHELTON NICOLE C. SOLOMAN RANA KIM To be assistant dietitian STEPHAN A. VILLAVICENCIO JASON D. KINYON DONNA M. WANSHON KELLIE N. LE NICOLE S. LAWRENCE MICAH S. WOODARD JUNG E. LEE DANIELLE S. MEYER ANDREW D. LESTER ELLEN LAN T. NGUYEN To be junior assistant health services officer FRANCELYSE A. LEVEILLE KRISTIE A. PURDY CAMILLE F. A. AIKEN EITHU Z. LWIN To be assistant therapist PATRICK A. BLOECHER ZIRNITA J. MALLORY GEOFFREY M. CARSON NIMMY MATHEWS PETER J. ARROYO, JR GINA M. DAILEY KRISTOPHER E. MOLLER AMBER N. BECKER JASON T. GOLLOHER HENRY W. NETTLING SHARON X. JIA KARI M. JONES MUTIU O. OKANLAWON JOHN K. KELLY OLAOLUWA A. OLAIGBE BIBILOLA F. OMOLOJU SHAWN M. SHERMER MISTIN L. RAY SOO J. PARK CANDICE B. TURNER SARAH SAFARI AUSTEN L. PATTERSON To be assistant health services officer YEE VANG SOPHEAP PIN KENDRA J. VIEIRA DAVIDE PRESTON ZARINAH ALI GREGORY F. REESON JULIANA R. BERLIET f ANDREW K. SHIFLET JILL E. BREITBACH STEPHEN J. SMITH JENNIFER A. COCKRILL FUNMILAYO SOTOLA ANDREW J. FELIX CONFIRMATION ANN C. TOBENKIN KELLY A. HAINES FRANCIS P. VU DONALD R. HOESCHELE III Executive nomination confirmed by JOSEPH M. WEATHERSPOON DANIEL R. HOLLIMAN PHILIP L. WILLIAMS KEVIN E. HORAHAN, JR the Senate November 8, 2011: PHILLIP A. WILLIAMS KIMBERLEY R. JONES THE JUDICIARY To be junior assistant pharmacy officer SHERRY J. MIYASATO PAUL MOITOSO EVAN JONATHAN WALLACH, OF NEW YORK, TO BE ODUN A. BALOGUN, JR CRISTINA E. MOSQUERA UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIR- ERICA B. FLEURY KIRSTEN L. MUTCHLER CUIT.

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