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

Vol. 156 WASHINGTON, FRIDAY, DECEMBER 3, 2010 No. 157 Senate The Senate met at 9:30 a.m. and was Mr. MERKLEY thereupon assumed during the last years of the Bush ad- called to order by the Honorable JEFF the chair as Acting President pro tem- ministration, when those tax cuts were MERKLEY, a Senator from the State of pore. in effect, we lost 8 million jobs. They Oregon. f can pretend we can afford to give bil- lionaires another handout, even though PRAYER RECOGNITION OF THE MAJORITY we know we can’t. But no matter how The Chaplain, Dr. Barry C. Black, of- LEADER many times you pretend, it doesn’t fered the following prayer: The ACTING PRESIDENT pro tem- make it true. The truth is simple: Let us pray. pore. The majority leader is recog- Holding middle-class tax cuts hostage O God of time and eternity, use our nized. for tax breaks for the wealthy that lawmakers today as instruments of f they don’t need and we cannot afford is Your will. Give them the wisdom to irresponsible. turn from every thought, word, and SCHEDULE A lot has been written about the let- deed that weakens instead of strength- Mr. REID. Following leader remarks, ter that 42 Republican Senators sent ens. Lord, help them to desire to be there will be a period of morning busi- me a couple days ago. Maybe it is news people of integrity, individually and ness, with Senators allowed to speak that they put it in writing, but that is corporately. May this be a day when for up to 10 minutes each. all that is new about it because, as the our Senators serve You with gladness Last night, I filed cloture motions on Presiding Officer knows, everything we because Your joy has filled their two tax cut amendments. Those votes have tried to do legislatively this year hearts. are expected to occur tomorrow. Sen- has been stymied, stopped with filibus- Lord, all nations are Yours. Help us ators will be notified when those votes ters, well more than 100. Republicans have been holding good legislation hos- to trust You to rule our world. are scheduled. I have not had the op- tage for 4 years—important bills, non- We pray in Your sovereign Name. portunity to meet today with the Re- controversial bills, every bill. That is Amen. publican leader. We will try to set up why we have a lameduck session with f those votes at a convenient time to- such a long to-do list. PLEDGE OF ALLEGIANCE morrow, as convenient as possible. Interestingly, I heard one Republican The Honorable JEFF MERKLEY led the f Senator, my friend, the senior Senator Pledge of Allegiance, as follows: MIDDLE-CLASS TAX CUTS from Tennessee, say: The majority I pledge allegiance to the Flag of the leader fills the tree. They have had lots Mr. REID. Mr. President, I had hoped of opportunities to offer amendments. United States of America, and to the Repub- we would be able to come to agreement lic for which it stands, one nation under God, The problem is, it is not the offering of indivisible, with liberty and justice for all. with Republicans to hold votes today amendments. We will allow them to to protect middle-class families. But f offer amendments, but they are not the Republican caucus would not agree, satisfied with that. They want the re- APPOINTMENT OF ACTING so we will have a series of votes tomor- sults. They are not willing to offer an PRESIDENT PRO TEMPORE row on the tax rates set to expire at amendment they may lose. They are The PRESIDING OFFICER. The the end of this month. only willing to offer amendments they clerk will please read a communication Democrats’ priorities are clear. We want to win. If they don’t win them, to the Senate from the President pro are protecting middle-class families then they stop everything. That isn’t tempore (Mr. INOUYE). every way we can. Tomorrow’s votes the way it has been done around here, The assistant legislative clerk read will show where Republican priorities and it should not be done in the future the following letter: are and where ours are. Those votes that way. U.S. SENATE, will clearly demonstrate who supports Since they sent me that letter, a lot PRESIDENT PRO TEMPORE, the middle class, and that includes of focus has been on the political im- Washington, DC, December 3, 2010. every Senator. pact of this game. I am more interested To the Senate: The minority can spin any way they in the impact on the people I represent Under the provisions of rule I, paragraph 3, want what has taken place over the than the political games being played. of the Standing Rules of the Senate, I hereby last 24 hours. They can pretend giving When Republicans take their ball and appoint the Honorable JEFF MERKLEY, a Sen- ator from the State of Oregon, to perform the rich tax breaks creates jobs, even go home, here is what happens: More the duties of the Chair. though we know from the past decade than 83,000 Nevadans who are jobless DANIEL K. INOUYE, that it does not. If that were the case, and looking for work will lose their un- President pro tempore. the economy would be booming, except employment insurance over the next

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

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VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.000 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8446 CONGRESSIONAL RECORD — SENATE December 3, 2010 year. The Council of Economic Advis- there will be no rollcall votes today. thing to do. Let’s not allow tax cuts for ers predicted that will cost the country We are still working on what time it middle-class Americans to be held hos- 600,000 jobs. will be tomorrow. But we, as everyone tage to partisan wrangling about tax What else happens? A treaty that knows and I have said here—this is the cuts for those who make the very most. will make Americans safer goes no- third time—we were within inches of So how did we come to this choice? where, a treaty supported by the entire having something worked out on hav- Let me take a few moments to review military leadership and endorsed yes- ing votes today, but for reasons I do how we got here. terday by the Secretaries of State of not fully understand, the Republicans In 2001, Congress enacted legislation the last five Republican Presidents. did not agree to that at the last to let American families keep more of Without the START treaty, there are minute, and now we have to figure out their money. Many of these tax incen- more nuclear weapons than there what time we are going to vote tomor- tives were phased in over several years. should be, we know less about the Rus- row. If we cannot work it out by con- In 2003, Congress enacted legislation sian nuclear arsenal than we need to, sent, then, of course, we will do it 1 adding new tax incentives and speeding and Americans are less safe. hour after we come in, which is the up implementation of the 2001 law. Here is one more consequence of the rule. We have competing interests. We The 2001 and 2003 tax laws lowered Republican ultimatum: Thousands of have people who want it late tomor- tax rates for all taxpayers, and those first responders who rushed to Ground row. We have people who want it early laws provided much needed tax relief Zero on 9/11 got terribly sick from the tomorrow. So we will try to see what for families, education, and small busi- toxins there. The longer Republicans we can do to work through that. ness. Many of these tax provisions have stall, the longer these heroes have to Again, I appreciate my good friend broad support across the political spec- wait for the health care and compensa- for yielding. trum. But these tax benefits are not tion they deserve. Mr. BAUCUS. Mr. President, I thank permanent. Beginning on January 1, all Why are tens of thousands of unem- the leader for all his very hard work. these 2001 and 2003 tax cuts expire, even ployed Nevadans at risk of losing their Nobody is working harder than the those for Americans who need them the lifeline? Why is Nevada at risk of los- leader to try to work out the schedule most. ing jobs when we are desperate to cre- so we can address these issues, and we At the same time, the Federal debt is ate them? Why is the START treaty all thank him. at its highest level since shortly after stalled? Why are the 9/11 heroes still f World War II, and our fiscal challenges sick with nowhere to turn? Each of MIDDLE-CLASS TAX CUTS are growing with the retirement of the baby boom generation. The amendment these questions has the same answer— Mr. BAUCUS. Mr. President, the we consider today responds to both because Republican Senators want to textbook definition of ‘‘economics’’ is these challenges. give their richest friends a tax break about scarcity. For example, in his they don’t need, many don’t want, and So what would our amendment do? textbook ‘‘Principles of Economics,’’ First, our amendment would extend none of us can afford. President Bush’s chief economic ad- tax cuts for middle-class American f viser, Gregory Mankiw, wrote this: families. Our amendment would perma- RESERVATION OF LEADER TIME Economics is the study of how society nently extend the lower tax rates for manages its scarce resources. The ACTING PRESIDENT pro tem- income up to $250,000 for married cou- We could say the same thing about pore. Under the previous order, the ples and $200,000 for individuals. fiscal policy. Fiscal policy is about how leadership time is reserved. Extending these lower tax rates society, acting through its govern- f would benefit all taxpayers—all tax- ment, chooses to allocate scarce re- payers—including higher income tax- MORNING BUSINESS sources. There is not an endless supply payers. In fact, higher income tax- The ACTING PRESIDENT pro tem- of money. We have to make choices. payers would receive the largest tax Every time we put together a budget, pore. Under the previous order, there benefits in terms of dollars per tax- we have to make choices. Every time will now be a period of morning busi- payer. That is, of course, because we we formulate the Nation’s tax policy, ness, with Senators permitted to speak have our marginal tax rate system in we have to make choices. therein for up to 10 minutes each. So when it comes to whether to ex- America. So making the tax cut per- Mr. REID. I suggest the absence of tend the 2001 tax cuts, once again, we manent for all taxes of Americans quorum. have to make choices. It is a question below $250,000 will benefit all Ameri- The ACTING PRESIDENT pro tem- of priorities. The debate over what to cans—not only those below $250,000, but pore. The clerk will call the roll. do about the 2001 and 2003 tax cuts for those above $250,000, will, under this The assistant legislative clerk pro- those with the highest incomes is a de- amendment, get a benefit. As I said, in ceeded to call the roll. bate about priorities. fact, higher income taxpayers receive Mr. BAUCUS. Mr. President, I ask Are we better off devoting scarce re- the largest tax benefits in terms of dol- unanimous consent that the order for sources to a larger tax cut for those at lars per taxpayer, even under the the quorum call be rescinded. the very top or are we better off devot- $250,000 amendment. The ACTING PRESIDENT pro tem- ing those scarce resources to new tax Our amendment would make perma- pore. Without objection, it is so or- incentives to promote investment and nent the provisions that help working dered. create new jobs or are we better off de- families with children. The number of Mr. BAUCUS. Mr. President, I ask voting those scarce resources to reduc- people living in poverty is at a 15-year unanimous consent to speak in morn- ing the Federal budget deficit and high. One out of every five American ing business for as much time as I con- debt? Those are the choices we need to children lives in poverty. Many of sume. make. these provisions in our amendment The ACTING PRESIDENT pro tem- Today, the Senate is considering how would help keep children and their pore. Without objection, it is so or- we should make those choices. The families out of poverty. dered. amendment we have offered says basi- The amendment would make perma- Mr. REID. Mr. President, would my cally: Let’s make the middle-class tax nent the expanded earned-income tax friend, the distinguished chairman of cuts permanent. That is something on credit for families with three or more the Finance Committee, yield? which pretty much everyone in this children. The increased tax credit pro- Mr. BAUCUS. Sure. Chamber should agree. After we have vides more help to families with chil- The ACTING PRESIDENT pro tem- cut taxes for middle-class Americans, dren. The partially refundable portion pore. The majority leader. then let’s have an honest debate. Let’s of the credit allows families to receive f debate whether extending tax cuts for a benefit even when their tax liability the very top incomes is the right pri- is low, as long as the family has earned VOTES TOMORROW ority. income of more than $3,000. Mr. REID. Mr. President, I think it is But, in any case, making middle- This credit helps to support 13 mil- appropriate that everyone be notified class tax cuts permanent is the right lion children in low-income working

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.001 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8447 families every year. These families are sure that the Tax Code will not favor But what many people don’t know is likely to spend every dollar they re- one type of investment over the other. that to get the full $7 million exemp- ceive right away. That means this pro- What do we do about the alternative tion, couples have to plan. Our amend- vision would also help the economy. minimum tax? Our amendment would ment would simplify planning for The increased dependent care credit provide 2 years of relief from the AMT. spouses by allowing the transfer of any recognizes the increased cost of Every year, we talk about the AMT unused exemption between spouses. childcare for working families. People and how it ensnares hard-working This would make the law work the way should be able to go to work and have Americans. Originally, Congress cre- most people think it works already. the quality care they need for their ated the AMT to stop—get this—just The resulting estate tax law would pro- children. In 2008, the dependent care 155 millionaires from completely avoid- vide certainty to taxpayers, and the re- credit helped more than 6.5 million ing income taxes. That was the point of maining estate tax would affect only working families to make ends meet. the AMT. It was an attempt to make the heirs of the very largest estates. It Our amendment would make perma- sure all taxpayers paid their fair share. would ensure that the small number of nent a tax benefit for employers who What about today? Now, millions of people who inherit so much money that construct, build or expand property hard-working families are subject to they never have to work during their used as a childcare facility. This ben- this dreadful tax—not 155 millionaires life would contribute their fair share. efit recognizes the contribution that but millions of people—families who What about the provision that folks some employers make to help their em- are working hard, raising children, and call tax extenders? Our amendment ployees balance child-raising and a ca- find themselves hit with increased would extend a number of other tax reer. taxes. We are not talking about mil- provisions important to individuals, The amendment would provide per- lionaires; we are talking about a larger businesses, and State and local govern- manent marriage penalty relief. That group of Americans. AMT has this ef- ments. These provisions will continue way, married couples would not get fect because it was not indexed. to help create jobs and pay taxes. Our higher taxes as an added wedding To keep the number of taxpayers sub- amendment would create jobs by im- present. ject to this tax from growing, Congress proving our Nation’s infrastructure. It The amendment would direct that has to pass an AMT patch every year. would reduce the cost to local govern- certain government programs disregard Without an AMT fix, the number of ments to build roads, bridges, and refundable tax credits when deter- taxpayers subject to the tax would ex- water treatment facilities. The amend- mining eligibility for the programs. plode. In Montana, Congress’s failure ment would extend multiple incentives This would ensure that America’s most to enact a patch would mean that more that promote energy sustainability and in need would not be worse off because than six times as many taxpayers efficiency. The amendment would ex- of tax incentives. We don’t want to would have that burden. tend the dollar-per-gallon credit for give with one hand and take away with Our amendment would take care of biodiesel and renewable diesel, and the the other. the AMT for 2010 and 2011. During that amendment would extend the manufac- Our amendment also addresses the time, Congress can deal with this turer’s credit for the construction of importance of getting a quality edu- stealth tax once and for all as part of new energy-efficient homes. The amendment includes a credit for cation and the increased cost of getting tax reform. energy-efficient appliances and a credit an education. Our amendment would What about small business? Our for alternative-fuel motor vehicles. make it easier to deduct student loan amendment would benefit small busi- The amendment includes an extension interest, to eliminate the restriction ness owners by making permanent the of the advanced energy investment on the number of months eligible for 2007 expansion of section 179 expensing. credit for businesses engaged in the the deduction, and it would expand the What about the estate tax? Our manufacturing of technologies for the eligibility to more postgraduates. Our amendment would provide permanent production of renewable energy and en- amendment would make permanent the estate tax relief for family-owned busi- ergy storage, and the amendment pro- American opportunity tax credit. This nesses. In 2001, Congress voted to pro- vides parity for transit benefits so that would help students to afford a higher vide estate tax relief to American fam- employers can provide tax-free benefits education. This provision is a partially ilies. We decreased the rate and in- to their employees for both transit and refundable tax credit up to $2,500 of the creased the exemption over time, until parking. cost of tuition and fees, including we had complete repeal for 2010 only. Our amendment would extend a num- books. The amendment includes an in- That is what we have today, in 2010. ber of tax cuts for individuals, includ- come exclusion for loan repayment for Next year, if we don’t act, the law will ing an extension of the making work programs where a postgraduate be- snap back up to the old 2001 rate. This pay credit—very stimulative. It helps comes a health professional in an un- has resulted in uncertainty and a plan- the economy dramatically, and if it is derserved area. The amendment would ning nightmare for families. Our not in here, it will be destimulative include continuing education for work- amendment would eliminate that un- and hurt the economy. ers by allowing an exclusion from in- certainty. The amendment would make Our amendment would help teachers come for employer-provided edu- permanent 2009 estate tax law going by extending the expense deduction for cational assistance programs. forward. It would set the top tax rate teachers who buy school supplies for What do we do about capital gains at 45 percent and the exemption at $3.5 their classrooms. The amendment and dividends? Right now, capital gains million per person, which obviously would extend the additional standard are currently taxed at a maximum rate amounts to $7 million per couple. deduction for State and local real es- of 15 percent and dividends are treated The amendment includes an election tate taxes as well as the ability of as capital gains. This treatment ex- for estates that arose between January itemizers to deduct sales taxes in lieu pires at the end of this year. Starting 1 and the law’s enactment. The heirs of State and local income taxes. Our January 1, unless we act, capital gains would be able to choose either current amendment would extend the qualified will be taxed at 20 percent and divi- law or the new permanent tax rate and tuition deduction to help with college dends will be treated as ordinary in- exemption. costs. come. Our amendment would provide an ex- This amendment would extend much Our amendment would make perma- emption for family ranches and farms. needed relief for communities that nent the current capital gains rate for This provision would ensure that no have suffered from natural disasters. taxpayers with incomes up to $250,000 family farm or ranch ever has to be Our amendment would extend impor- for married couples and up to $200,000 sold to pay estate taxes. tant business tax provisions to help for individuals. The amendment con- Our amendment would simplify plan- create jobs and make our companies tinues to treat dividends as capital ning for spouses. Most people believe competitive in a global economy. The gains for all taxpayers, so dividends that a couple automatically receives amendment would extend the research would not be treated as ordinary in- double the exemption amount. So if an and development credit to help Amer- come for any taxpayer. This would exemption is $3.5 million, most folks ican businesses keep on the cutting level the playing field. This would en- assume that a couple gets $7 million. edge.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.002 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8448 CONGRESSIONAL RECORD — SENATE December 3, 2010 Our amendment also includes a pro- class should not be asked to tighten I also thank the chairman of the Fi- vision that will help small businesses their belts as much as the high-income nance Committee, the senior Senator across our country. The provision folks who have benefited the most. from Montana, for including the unem- would repeal an expansion of informa- As we come out of the great reces- ployment insurance in this because tion reporting rules that was enacted sion, we need to recognize the growing 85,000 Ohioans have lost their unem- this past year, otherwise known as Federal budget deficit. In 2010, the def- ployment insurance. These are people— 1099. Those rules expanded current in- icit was $1.3 trillion. That is the second or many of them are, as I have read let- formation reporting requirements to highest level relative to the size of the ters on the Senate floor and will read a include payments businesses make to economy since 1945. This was exceeded couple today—who have worked for 20, corporations and payments for goods only by 2009’s $1.4 trillion deficit—$100 30, 40 years and simply can’t find a job. and property, not just services. This billion more—and the Congressional There are five people applying for provision, known as the 1099 provision, Budget Office projects that deficits will every one job opening in my State and imposes a record-keeping burden on remain high for the rest of the decade. in this country. It is so important that small businesses that would take away That means the Federal debt will keep these people continue to get some as- from the time business owners need to growing. sistance. In spite of what some of my expand their business and create jobs. When we passed the 2001 tax cuts, the Republican colleagues suggest, unem- This information reporting went too Federal Government was running a ployment insurance is insurance, not far, especially in this difficult econ- surplus. When we passed the 2001 tax welfare. Their employer, on their be- omy. It is important that we repeal cuts, economists projected big sur- half, pays into the unemployment in- this expansion of information report- pluses as far as the eye could see. surance fund in their States. When ing. Times have changed. We need to con- they lose their jobs, because it is insur- Now, some will say that we should sider our current fiscal condition. With ance, they should get assistance. It is extend tax cuts for everyone, even the 15 million Americans still out of work, like fire or health insurance. You don’t very rich. America is working through it is important that we keep our econ- want to use it, but you want it to be tough economic times. At the same omy on the path to recovery by extend- there if you need it. That is why it is time, our country has record deficits. ing tax cuts for families who need them so important. I appreciate Senator Our amendment would balance these the most and who will spend it. BAUCUS’s discussion of why this is the two concerns. Our amendment would Our amendment strikes the right bal- right policy. Before I read some letters from peo- extend all the tax cuts affecting middle ance. It is a question of priorities. Our ple about unemployment benefits, I and lower income Americans that Con- amendment says that we should not de- want to talk about why that is the gress enacted in 2001 and in 2003 that vote scarce resources to a larger tax right policy. The Bush tax cuts pri- sunset this year. Our amendment cut for those at the very top. Our marily went to the wealthy in 2001 and would also extend several expiring tax amendment says that we would be bet- 2003. As Senator MCCASKILL said, it was ter off devoting those scarce resources cuts benefiting middle and lower in- an experiment. For 10 years, we tried come Americans that Congress enacted to new tax incentives that promote in- to see if this worked. I didn’t support in 2009. Our amendment would protect vestment and create new jobs or we that when it passed in the House many Americans who have been struggling to would be better off devoting those years ago because I thought they were get by. scarce resources to reducing the Fed- tilted toward upper income people and Our amendment would also benefit eral budget deficit and debt. Those are not focused on the middle class. So it taxpayers with higher incomes. The the choices we have to make. was an experiment in many ways where cuts in our amendment apply to all of Our amendment says: Let’s make the major tax breaks were given to the the income up to $200,000 for individ- middle-class tax cuts permanent. Our rich, and according to the so-called uals and $250,000 for couples even if the amendment says: Let’s not allow tax trickle-down economic theory, they taxpayer makes more than that. At the cuts for middle-class Americans to be would hire people and much would same time, we crafted our amendment held hostage for tax cuts for those who trickle down and they would provide with recognition of the mounting defi- make the very most. There is not an jobs and strengthen the middle class. cits our country faces. endless supply of money. We have to What we saw during the Bush 8 years Our amendment would not rely on make choices. as the main thrust of the economic pol- the gimmick of temporarily extending I submit that these are the choices icy was the tax break for the rich. That tax cuts in order to mask their size, we need to make. I encourage my col- was the stated policy; that if we cut knowing that future Congresses will be leagues to support our amendment. taxes enough on the wealthiest Ameri- unable to resist the temptation to keep I suggest the absence of a quorum. cans, it would drive the economy for- extending these cuts. It is about prior- The ACTING PRESIDENT pro tem- ward. But we know that in those 8 ities. Our amendment makes choices. pore. The clerk will call the roll. years of the Bush administration there Our amendment would not make per- Mr. BAUCUS. Mr. President, I sus- was a 1 million net job increase, not manent all of the expiring tax cuts pend my request. enough to provide jobs to keep up with that Congress enacted in 2009. It would The ACTING PRESIDENT pro tem- the growing population or not enough not make permanent tax cuts that ben- pore. The Senator from Ohio. to provide jobs for the kids coming out efit only those Americans who need f of high school or those leaving the them the least. Only 3 percent of Amer- UNEMPLOYMENT INSURANCE Army or those coming out of college. icans have incomes greater than So it is clear the experiment failed. $250,000 for couples or $200,000 for indi- Mr. BROWN of Ohio. Mr. President, I They cut taxes for the rich and there viduals. thank the senior Senator from Mon- was only a 1 million increase in jobs. It Over the past quarter century, the tana, who laid out exactly why his ef- didn’t work. average after-tax income of the forts to extend the Bush tax cuts to the Look at the 8 years before that, the wealthiest 5 percent has grown 150 per- middle class up to $250,000 and to not Clinton years—and these are facts, not cent. extend them beyond that is the exact opinions—where President Clinton did At the same time in the past quarter right public policy. It is good fiscal a mix of tax cuts, tax increases on the century, the average after-tax income policy. It is good economic policy. It is wealthy and spending cuts, and he bal- of middle-class Americans has grown good for our country. It is exactly the anced the budget. We ended up with a by only 28 percent. So 150 percent for right thing to do. I thank him for his 22 million job increase with that eco- the top 5 percent—the wealthiest—and explanation of including the earned-in- nomic policy, which we want to follow only 28 percent for middle-income come tax credit, which is the best tax today, versus a 1 million job increase, Americans. Today, the bottom 80 per- incentive to help people who are work- which was not even enough to keep up cent of households receive less than ing hard, playing by the rules, making with the growing population with the half of all after-tax income. The bene- $20,000 to $30,000 a year, get a much Bush economic policy. fits of recent economic growth have fairer tax—really encouraging work It is clear what this means—not to not been widely shared, so the middle the way the IETC does. mention what Senator BAUCUS pointed

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.003 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8449 out too. We are, in essence, borrowing I have been out of work since February and I don’t think my colleagues are hard $700 billion from the Chinese to pay for have been receiving unemployment benefits. hearted or callous. I just wonder if these tax cuts. That is where we bor- I am 36 years old and have been working they know, or if they are hearing from, row a lot of money. We are talking since I was 16. people like Carol and Shanata and about borrowing $700 billion and put- This is par for the course in the let- Dagney, or if they are not visiting food ting it on a credit card for our children ters we get. These people have been pantries and stopping at a union hall and grandchildren. The pages sitting working hard since a very young age. and talking to an out-of-work car- here will get to pay off that $700 billion I have applied for 100 jobs in the past penter or a laborer who hasn’t been in tax cuts for the rich, and then the month alone, and have found absolutely called to a worksite for 7 or 8 months. $700 billion is given to the wealthiest nothing. If unemployment stops, I will have even less. I am in school full-time, but I I have said to the majority leader taxpayers. So they want to borrow know that I can’t return in January since I that I think we should stay here until from China, charge it to our children will have absolutely no way to pay my bills. New Years. I would rather be home and grandchildren, and give it to mil- Unemployment is not allowing me to go on with my family; family is very impor- lionaires and billionaires. trips, eat out every day, shop ’til I drop, or tant to me. But if we don’t continue What kind of moral policy, let alone anything else frivolous. I just need to keep a these unemployment benefits, we are the bad economic policy, is that? It is roof over my head and food in me and my going to ruin the holidays for those bad fiscal policy to do anything but tax daughters’ stomachs. Please work diligently to help extend unemployment for those who 85,000 Ohioans—and that number keeps cuts for the middle class. It is bad eco- growing—so we don’t deserve much of a nomic policy. It is not fair to our chil- will have nothing without it. This is Dagney from Lorain County, holiday either if that is the best we can dren and grandchildren. do. Also, I will make a comparison in my home county, between Cleveland and Toledo: I yield the floor and suggest the ab- this bill between unemployment bene- sence of a quorum. fits, extending and maintaining unem- Please, Senator, please do everything you can to get the unemployment extension The ACTING PRESIDENT pro tem- ployment benefits to the 85,000 families pore. The clerk will call the roll. in Ohio who found out 2 days ago their passed. I have been unemployed for more than a year and have not found a job yet. We The legislative clerk proceeded to unemployment insurance was no are two months behind on our mortgage and call the roll. longer. Some of those families will lose I am so afraid we are going to lose our house. Mr. BINGAMAN. Mr. President, I ask their homes, and a father will have to We have exhausted our savings and my hus- unanimous consent that the order for sit down with his 12-year-old daughter band is off work too due to an accident. I am the quorum call be rescinded. and say: Honey, we are going to lose so worried. Please help us. The ACTING PRESIDENT pro tem- this house and move somewhere else. This is from Carol from Summit pore. Without objection, it is so or- The child will say: What school district County, in Akron: dered. are we going to be in, Dad? He would I am writing for myself and thousands of Mr. BINGAMAN. Mr. President, I ask say: I don’t know yet. other unemployed Ohioans whose unemploy- unanimous consent to speak as in We know the hardship this will cre- ment benefits are running out. We need help. morning business for up to 20 minutes. ate if we don’t extend these benefits. Mr. President, again, 85,000 families The ACTING PRESIDENT pro tem- These people want to go back to work lost their benefits in my State alone pore. Without objection, it is so or- and they are trying to find jobs, but three nights ago. dered. there are not enough jobs out there. I am 61 years old and have been on unem- They need money for gasoline to drive ployment since June 2010 and my benefits f around and look for jobs, and they need run out December 20. There are no exten- BAUCUS TAX PROPOSAL sions at this time and there are no jobs for all these things just to stay alive and Mr. BINGAMAN. Mr. President, let have a decent standard of living. But a senior citizen with over 40 years of work me start by thanking Senator BAUCUS take the money in the unemployment experience. Believe me, I have tried every- thing from Walmart to McDonalds. I have no for putting forward his proposal on tax extension—as JOHN MCCAIN’s chief eco- savings and lost what little retirement I had issues. It is a responsible course for us nomic adviser during his 2008 campaign a couple years ago with many others. I’m not to follow. It is one I can vote for with- said, $1 put into unemployment bene- asking for a handout—just some help until out reservation. fits of a person in Zanesville or Lima the job market picks up out here. Please en- He is basically saying: Look, let’s en- courage Congress to provide at least one or Hamilton, OH, that father or moth- sure the first $250,000 that is earned by er, that man or woman will spend that more extension—without it, many Ohioans any and all Americans in this next money because they need to. They need will be destitute. I never thought when I was year will be subject to the lower tax to buy shoes for their kids, food for raising my family as a single mom that I would find myself in this position at this rates that were put in place during themselves; they need to heat their age. President Bush’s time in office—the homes and put gas in their cars. That I know my colleagues want to do the tax rates that were adopted essentially money will be spent. Every dollar you right thing. I believe even those who in 2001. Of course, it also contains put into unemployment generates $1.60 vote no on everything that I believe in, other very useful provisions to rein- in economic activity, and that will cre- I think they want to do the right thing. state the estate tax at a reasonable ate jobs. Conversely, a dollar in tax cuts for I just wonder—I know they get letters rate, with a significant amount ex- the wealthy—a dollar that goes to a like this because every one of us— empted from the estate tax. It has pro- millionaire—what are they going to whether you are in Missoula or in Eu- visions for energy tax—the extending buy that they are not already buying? gene or in Dayton, every one of us gets of energy tax provisions, which I think They meet their needs. They have mil- letters from constituents in our States are very important to the country. But lions of dollars at their discretion to do who are hurting, even in States that we had a hearing yesterday in the Fi- it. They are not going to buy more food have pretty good economies. I don’t nance Committee. I am privileged to or go to a fancy restaurant or take an know if they don’t read them or if our serve on that committee that Senator extra vacation. They have the money colleagues never meet people like this. BAUCUS chairs. We had a very good they need. That $1 going to the I assume our colleagues probably don’t hearing on the whole issue of Federal wealthy, according to the analysis of visit food pantries as I do, but some of revenues and outlays. I thought some JOHN MCCAIN’s chief economic adviser, my other colleagues do and hear the useful information came out there. I ends up generating about 30 cents in stories. I don’t know that I have been was able to speak very briefly with activity and creating significantly to a food pantry in the last 2 years Doug Elmendorf, the head of the Con- fewer jobs. where I don’t hear a volunteer—and gressional Budget Office. I was particu- I want to read a couple of letters most of them are staffed by all volun- larly impressed with one chart he pre- from people in my State of Ohio about teers—or a paid director say: You sented in his materials. I have made a what this legislation means in terms of know, see those people over there? copy of that, essentially, that I want to unemployment benefits. They used to bring food in, and now go through and explain because I think This is from Shanata from Mont- they are picking up food. That is the it puts this entire discussion into con- gomery County, in the Dayton area: story I hear time after time. text.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.005 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8450 CONGRESSIONAL RECORD — SENATE December 3, 2010 This chart shows what has happened tion reduced the deficit by $430 billion But the obvious point I think we need with both outlays—and that is the and revenue increases were responsible to understand is, we cannot solve the light blue line—and revenues—the for over half that deficit reduction that deficit problem by simply reverting to darker black line—outlays and reve- occurred in that period. the situation before the economic cri- nues of the Federal Government for a Of course, the third factor, which is sis. The chart shows that, on average, 40-year period starting in 1970 and end- the most important, is that the coun- outlays have exceeded revenues by ing, essentially, right now. One useful try enjoyed very strong economic about 3 percent of gross domestic prod- thing about the chart is it has an aver- growth during the 1990s, particularly uct. That is about $450 billion under age. It shows that, on average, outlays the latter part of the 1990s. That al- the current size of our gross domestic were about 21 percent, and that is the lowed revenues to rise above the his- product. In other words, if Congress dotted blue line across here. It also torical average we see down here, this can only accomplish an average per- shows, on average, revenues—what the 18 percent historical average for reve- formance, we are looking at a $1⁄2 tril- government collects in taxes—was nues. We were able to get that up sig- lion deficit going forward even after we about 18 percent, and that is the dotted nificantly, both because of the changes are fully out of this recession. black line down here. You can see there in law that occurred under President Clearly, we need to do better than is—I don’t know if you call it a struc- George H.W. Bush and under President that. Congress needs to make some ture gap but a persistent gap between Clinton and the very good economic tough choices, both to control spending what we raise for the operation of the circumstances we enjoyed in the 1990s. and to increase revenues, just as we did Federal Government and what we What caused the situation to reverse? in the 1990s. Both the President’s Def- spend. Every year we spend more than Was it an increase in spending or was it icit Reduction Commission, which I we raise. a decrease in revenue? I think this know is having its final vote today, There is an exception to that. There chart makes the point very clearly and the bipartisan commission led by is a period here where these two lines that initially what caused the situa- my former colleague, Senator Pete cross, and that is the period at the end tion to reverse was the Bush tax cuts of Domenici, and Alice Rivlin, former of the Clinton administration where we 2001. They reduced revenue by $70 bil- Budget Director—both of those Com- got to a balanced budget and a surplus. lion in that exact same year, 2001. In missions recognize we will need rev- That was achieved for a variety of rea- total, the tax cuts President George W. enue increases as well as spending cuts sons, and let me talk a little about Bush signed into law reduced revenue to solve the deficit problem. those reasons. by an estimated $1.6 trillion over a 10- The proposal that Senator BAUCUS There was a 4-year period there, 1998 year period. The actual costs may have has come forward with is to allow ev- through 2001, where the Federal Gov- been significantly greater. eryone in the country to enjoy the ernment essentially did not spend more Simply put, the Congress and the lower tax rates that were adopted than it took in. In 2001 again, as you President, when we enacted those Bush under President Bush but only to enjoy can see from this chart, beginning in tax cuts, so-called Bush tax cuts, cut those lower rates for the first $250,000 2001 with this precipitous dropoff in taxes more than we could afford to un- of income each year. I know Senator revenue, the deficits began to grow. We less we were willing to also dramati- SCHUMER has a proposal which says we now have a very large deficit. What is cally cut spending, and we did not cut will allow the lower rates on taxation particularly disturbing is when you spending. In fact, we increased spend- of earned income to apply to the first look ahead and project where we are ing. We increased it fairly dramatically $1 million of income of all Americans. going to be over the next 5, 10, 20 years, to fund the Afghanistan war, to fund All Americans will get the tax cut, as we are projected to have a very large the Iraq war, to fund Medicare Part D. they will under the proposal by Sen- deficit indefinitely unless we change None of that new spending was paid ator BAUCUS, but Senator SCHUMER’s some things. for. proposal would be to give them the Changing either the outlay numbers, Former Congressional Budget Office lower rates on the entire $1 million what we spend, or the revenue num- and Office of Management and Budget that they earn in the first year. Above bers, the level of taxes that are col- Director Peter Orszag estimates that that they would have to pay the rates lected, is not easy. It is not easy in this because they were not paid for, the that were in place under President Congress. It has never been easy. So Bush tax cuts, if extended again, and Clinton’s time in office, in the 1990s, how did we produce a surplus during Medicare Part D, those together would when the economy was so strong. the 4 years we had a surplus? I think add $5 trillion to the debt over the next The question is, Can we in this Con- there were three main factors that ac- decade. gress do what needs to be done to deal count for that. So the votes we are casting on this with the deficit issue and particularly In 1990, the Congress and President tax issue are significant votes that will on this tax bill to do what needs to be George H.W. Bush were able to agree to reverberate for some time and affect done to raise revenue? Tomorrow we legislation that controlled spending our economy and the deficit and the will be voting on whether to let the and increased revenues as well. That debt. People need to understand that. Bush tax cuts expire for income above was the Omnibus Budget Reconcili- Of course, in the last 3 years since we $250,000. One of these votes will be to ation Act of 1990. It, for the first time, have been in this recession, the deficit effectively raise taxes on annual in- enacted pay-go rules. It also increased has worsened very substantially. Rev- come above $1 million, as I said. Com- taxes on the wealthiest Americans by enue dropped to historic lows as the pared to other choices we have, it raising the top income tax rate from 28 economy contracted. Spending also in- seems to me this is a fairly easy percent to 31 percent. creased due to the Recovery Act and choice. If we are not willing to revert At the time, President George H.W. also due to the automatic stabilizers to the Clinton-era tax rates on any in- Bush said—this is a quote from him— we have built into the law, such as un- come, no matter at what level, then it ‘‘It’s time, I think it’s past time, to put employment compensation. is going to be very difficult for us to the interests of the country first.’’ It is important to note that only make a credible claim that we are seri- Over the next 5 years, this legislation about 10 percent of the debt we incur ous about the deficit. did reduce the deficit by a total of $480 over the next 10 years—the debt over I urge my colleagues to support the billion. That was one of the factors the next 10 years—is due to the Recov- Baucus proposal, and I hope we can get that got us to that period of balanced ery Act. a good, strong bipartisan vote on that. budget and surplus. With the economic recovery under- It is clear to me Americans do want to The second factor was in 1993, when way, the size of the deficit is beginning see the taxes they are paying on the the Congress and President Clinton to stabilize. You can see that at the far first $250,000 of their income remain agreed, again, to legislation that in- right end as part of this chart. You can where they are today. That will only creased revenue and controlled spend- see these numbers, you can see the out- happen if we are able to pass this pro- ing. This legislation once again raised lay number beginning to come down, posal Senator BAUCUS has put forward. taxes on the wealthiest Americans. you can see the revenue number at I yield the floor and suggest the ab- Over the 5 years following, the legisla- least leveling off, and that is positive. sence of a quorum.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.007 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8451 The ACTING PRESIDENT pro tem- And we have seen it here in the Sen- Cuts Act of 2010, which gives perma- pore. The clerk will call the roll. ate, where a number of Democrats have nent tax relief to struggling American The legislative clerk proceeded to told their constituents that, no, of families who need it most. By extend- call the roll. course they won’t raise taxes in the ing the current rates for 98 percent of Mr. MCCONNELL. I ask unanimous middle of a recession. taxpayers, this bill provides the cer- consent that the order for the quorum They know as well as Republicans do tainty and security necessary to pro- call be rescinded. that raising taxes—on anybody—is tect working Americans, while at the The PRESIDING OFFICER (Mr. counterproductive in a fragile economy same time indicating that we need help BINGAMAN). Without objection, it is so like ours. And they have said so. and that we ask upper income Ameri- ordered. One of our Democrat colleagues even cans to help address our growing fiscal f went on ‘‘Good Morning America’’ and deficits. said he would extend the current rates Make no mistake; extending current RECOGNITION OF THE MINORITY ‘‘for everyone.’’ So we fully expect tax rates for the middle class is crucial LEADER these Democrats to keep their word in order to encourage economic The PRESIDING OFFICER. The Re- and vote against proposals that do any- growth. The economic turmoil of the publican leader is recognized. thing less. last 3 years has left many American f These votes are a purely political ex- families cash-strapped and struggling to stay afloat. Every extra dollar is SCAPEGOAT POLITICS ercise at a time when Americans are looking for action. critically important. The evidence Mr. MCCONNELL. Mr. President, we And here is all the proof we need: The bears this out. Analysis by the Con- have heard a lot from our friends on author of the plan to raise taxes on gressional Budget Office indicates that the other side this week about the mid- anybody who earns more than a mil- lower and middle-income taxpayers dle class, and that is because their poli- lion dollars a year has openly admitted have a higher tendency to spend every cies have been so ineffective in helping that the only rationale for that figure dollar they earn. Consequently, by en- the middle class. is that it sounds better—that it is the suring tax rates don’t rise on lower and They are trying to distract the best way to send a message that Re- middle-income earners, we prevent a American people from their record. It publicans are bad. dramatic decline in consumer spending is that simple. This is what those in How about forgetting who looks good that could have a negative impact on power often do when their policies and who looks bad and start thinking this fragile economic recovery. don’t work. They search for a target, of what is good and what is bad for Today’s job numbers are bad. They and the targets Democrats have de- working Americans? indicate we are far below what is nec- cided on are Republicans and small These votes are an affront to millions essary to reduce the unemployment business owners, our Nation’s leading of people struggling to find work. rate. Unemployment remains persist- job creators, which is, of course, ridicu- What these votes say is that Demo- ently high—12.4 percent or over 2.2 mil- lous. crats care more about doing harm to lion people in my State, California, un- All of this finger-pointing is doing their political adversaries than doing employed and 9.8 percent or 15.1 mil- nothing to create jobs. It is a total good for middle class Americans strug- lion people across America unem- waste of time. gling to find a job. ployed. With economic growth pro- This morning, we learned unemploy- We don’t help the middle class by jected to be slow in the near future, ment is now at 9.8 percent, even higher punishing job creators; we hurt them. those numbers will likely not come than last month, and Democrats are re- We make it harder for them to find down for some time. America is hurting right now. Those sponding with a vote to slam job cre- jobs. We make it harder to revive the who can should step up and help. I ators with a massive tax increase. economy. know of no millionaire who needs a Millions of out-of-work Americans We have now had more consecutive sustained tax cut of 4.6 percent or who don’t want show-votes or finger-point- months of 9 percent unemployment ing contests. They want jobs. has asked for one. But I know several than at any time since the Great De- who are willing to step up and help. Americans don’t want to see mean- pression. And Democrats would rather ingless theatrics in Congress. They That is the irony of this debate. play games than do something about Conversely, the evidence is ex- want us to do something about the it. tremely poor for extending tax cuts for economy. The single best thing we can It should go without saying that wealthy Americans. When the CBO do is to tell small businesses across the Americans have had enough of this. analyzed the number of different poli- country they are not going to get a tax It is time to get serious. It is time to cies aimed at creating jobs, sustained hike next month. put the needs of middle class Ameri- tax cuts for the wealthy came in dead These are the folks that create the cans above the needs of the liberal base last. Interesting. On the other hand, jobs that every one of us claims is our that is demanding a show here in Con- permanently extending the Bush tax first priority. Why in the world would gress. And that is all that this is—a cuts for the wealthy would require $700 we do something that makes them less show. billion more in deficit spending. They likely to create those jobs? The left-wing might find it all very are unpaid for. Our friends on the other side know entertaining, but most Americans In light of this report issued Wednes- all this just as well as Republicans do, don’t find it amusing at all. They don’t day by the President’s fiscal commis- but for some reason their base is de- want games; they want action. It is sion, of which some of my colleagues manding that they raise taxes on small long past time we took them seriously. are members, I simply cannot argue for business owners. I suggest the absence of a quorum. extension of the upper income brack- It is the perfect way to punctuate The PRESIDING OFFICER. The ets. their 2-year experiment in clerk will call the roll. It would be one thing if I could say antibusiness, big-government policies The legislative clerk proceeded to the Bush tax cuts for the wealthy con- that have only led to more joblessness, call the roll. tributed to an era of substantial eco- more debt, and more uncertainty. Mrs. FEINSTEIN. I ask unanimous nomic growth and prosperity. But here Over the past several weeks, we have consent that the order for the quorum is the key: History does not support seen a growing number of Democrats call be rescinded. that. begin to publicly disagree with their The ACTING PRESIDENT pro tem- In 2001, the first set of Bush tax cuts own leadership on the wisdom of scape- pore. Without objection, it is so or- was proposed as a means of stimulating goat politics in a time of recession. dered. the economy as we emerged from the We saw this in a vivid way yesterday, f dot-com bubble. Of course, we were also when so many Democrats in the House projected to have a $5.6 trillion, 10-year defected from their leadership on the MIDDLE-INCOME TAX CUTS budget surplus. We all know that when show-vote Speaker PELOSI held over Mrs. FEINSTEIN. Mr. President, I President Clinton left office, he left a there. rise to support the Middle Class Tax surplus.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.007 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8452 CONGRESSIONAL RECORD — SENATE December 3, 2010 In light of these facts—the fact that begin to constrict economic oppor- been widely credited with maintaining there was money, there was a surplus— tunity for this generation and those strong economic growth in the renew- I voted for the first round of Bush tax that follow. able energy sector in 2009 and 2010 de- cuts. I believed the government sur- Our economy is struggling to grow at spite the severe economic turndown. pluses should be returned to the Amer- a pace that will start providing jobs, The grant program has proven a par- ican people. But as President Bush was we hope, for over 15 million out-of- ticularly effective job creation tool. leaving office, we were forced to con- work Americans. I think income in- According to a Lawrence Berkeley Na- front some very sobering truths. The equality today is at a historic high, tional Laboratory study, the program 10-year budget deficit was projected to and it is an unacceptable high. has enabled hundreds of renewable en- be $6.3 trillion, not the $5.6 trillion sur- In light of these facts, I do not see ergy projects to move forward and save plus we had thought. There was a total the merit in the argument that a per- more than 55,000 American jobs in the turnaround. The national debt had in- manent extension of the Bush tax cuts wind industry alone. creased by over 80 percent. for the wealthy will have a materially Prior to the economic meltdown, The argument made by Republicans, beneficial impact on the economy, and clean energy project developers relied if we remember, during that time was I applaud Chairman BAUCUS for intro- on tax equity partnerships with inves- that deficits don’t matter. It doesn’t ducing a responsible bill recognizing tors to take advantage of clean energy matter that the Iraq war was not fund- these stark realities. tax incentives. In 2008, the economic ed. The tax cuts didn’t matter. ‘‘Defi- If we were to do this, we increase in- meltdown froze the $8 billion tax eq- cits don’t matter’’ was reiterated come inequality. If you continue to uity market, jeopardizing billions of throughout this Chamber, and the be- lower taxes for the top brackets, all dollars in clean energy investment. lief was that lower income tax rates you do is increase income inequality. The Treasury Grant Program proved would actually increase revenue for the You grow the gap between the rich and an effective replacement for these part- Federal Government. This has been de- the poor. I would suggest that bodes ill nerships, supporting about $18.2 billion bunked by recent history. for the United States of America. in clean energy investment to build CBO data shows that changes in law Chairman BAUCUS also included two 8,600 megawatts of renewable energy between 2001 and 2005 resulted in deficit key provisions in this bill, and I would generation through October 25 of this increases of $539 billion, and the Bush like to take a few moments to speak year. tax cuts accounted for nearly half that about them. With most utilities and developers amount. This summer, I introduced a bill that still unable to utilize existing produc- However, the most scathing indict- would allow family farmers to defer tion and investment tax credits, and ment against extending these tax cuts their estate tax payments until they our Nation’s economic recovery de- for the wealthy is illustrated in our re- sold the farm or took it out of oper- pendent on the creation of new jobs, cent history of inequality and wage ation as a farm. The idea was to make this 1-year extension of the grant pro- stagnation. From 2003 to 2007, incomes sure small working family farms avoid- gram is critical. for families in the top 5 percent of tax- ed having to make crippling decisions According to a survey of all leading payers increased by 7 percent, while in- about their land when it came time to participants in the tax equity market, comes for the other 95 percent of tax- pay the estate tax. Let me explain without an extension of the program, payers remained stagnant. So from 2003 why. the anticipated financing available for to 2007, the only incomes that in- Family farms today in America are renewable energy is expected to de- creased were the top 5 percent. Every- land rich and cash poor. Farm incomes crease by 56 percent in 2011. body else remained stagnant. So the have not kept pace with rising land In contrast, a recent study found economy was clearly working for the values in this country, which puts fam- that a 1-year extension of the Treasury other 5 percent but not for anybody ily farms in a precarious position when Grant Program would result in nearly else. it comes to settling estate tax bills. 65,000 more jobs in the solar industry The average income of the top 1 per- Because family farmers often have lit- alone and enough additional solar cent of income earners increased by 10 tle cash on hand to pay the estate tax, power to power more than 1.2 million times as much as that for the bottom they can be forced to sell land to devel- homes. 90 percent. That is an amazing figure, opers in order to make good on the es- So it is important to emphasize this if you think about it, that the top 1 tate tax. Over multiple generations, is not a new Federal incentive pro- percent gained 10 times more in income this can decimate the operation of a gram. It simply allows clean energy than all of the other bottom 90 percent farm. companies to utilize existing invest- of taxpayers. This proposal before us today would ment and production tax credits with- During the expansion of 2002 to 2007, preserve the existence of family farms out having to partner with Wall Street families saw their median income drop by allowing them to defer paying the banks. by $2,000. That is the first time Ameri- estate tax until they are taken out of This proposal, however, does include cans have seen their incomes drop dur- operation and to reassess it at a one serious problem, which I and many ing a period of economic growth. So stepped-up value at that time. By of my colleagues oppose: an extension there was growth, but the median in- doing this, we can preserve and of wasteful subsidies and tariffs for come was dropping during that period strengthen existing family farms, ethanol. The Baucus draft would ex- of time. which I strongly believe are part of the tend, for 1 year, the ethanol tariff at 54 During this period, also, income tax fabric of this country. cents per gallon while lowering the tax rates for the top 1 percent of earners This provision would not be available credit for blending ethanol into gaso- were reduced by twice as much as rates to everyone. It includes income and line from 45 cents to 36 cents. This in- for anyone else. The top 1 percent asset restrictions in order to ensure creases the real trade barrier on eth- today—and under the Bush years—are that the deferral benefit goes only to anol imports. Fuel importers will pay a paying less in taxes than they did in farmers who need it most and not agri- real 18 cents per gallon tariff on eth- the Clinton years. So there was actu- businesses. If farmers who elect defer- anol that they do not have to pay if ally a drop in rate for the top 1 per- ral fall out of compliance with the re- they choose to import oil instead. cent. quirements, they would face a recap- This will only make America more In 2007, the top 10 percent took home ture penalty in the amount of the es- dependent on foreign oil from OPEC almost half of the country’s total earn- tate tax owed. It is my hope in this states. It will increase the competitive ings, which translates to the highest way we can help ensure the continued advantage that oil already has over level of income inequality in our Na- existence of family farms, and I ap- cleaner, climate friendly ethanol im- tion’s history in that year, 2007. plaud the chairman for including this ports from democratic, sugar-pro- We face a number of daunting prob- provision. ducing states including Brazil, Aus- lems. Our national debt is now in ex- The legislation also includes a 2-year tralia, and India. This is bad trade pol- cess of $14 trillion. If we continue def- extension of the highly successful icy, bad environmental policy, and bad icit spending, we will unquestionably Treasury Grant Program, which has energy policy.

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.011 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8453 This provision is in direct conflict is a very brief journey. I do not think was a college kid, and his friend and with the Imported Ethanol Parity Act, it lasts for an entire minute. In less my mentor, Paul Simon of Illinois, who a bill I have introduced on a bipartisan than 1 minute you move from the Dirk- preceded me in the Senate. They were basis. This bill would require the eth- sen Office Building over to the Capitol both liberal and proud of it, but they anol tariff to be lowered to the same Building. were both fiscally conservative. Some- level as the ethanol subsidy. I believe This morning, I took that journey, one may ask: How could you do that? the tariff should be lowered to 36 cents leaving the meeting of the deficit com- Well, because, as Douglas once said and per gallon, at a minimum, in this bill. mission to come over to the Senate Simon often repeated, if you are a lib- Keeping the tariff at 54 cents does not floor, and in less than 1 minute I eral, it doesn’t mean you are wasteful. make sense. emerged from the world of reality to a It doesn’t mean you are a spendthrift Even the ethanol lobby itself does surreal world in the Senate. Let me ex- and can’t be thrifty and find ways to not believe the tariff should be this plain. cut spending so that the money that is high. In a statement just this week, For the last 10 months, because of absolutely needed in America for crit- the primary ethanol lobbying group, President Obama’s Executive order, we ical national security or the benefit of the Renewable Fuels Association, put have had a bipartisan deficit commis- people who are struggling is there out a statement saying: sion that has asked some of the hardest when you need it. They believed those The tariff simply exists to offset the value questions I have ever faced as an elect- two things were consistent, and I do of the tax credit, preventing American tax- ed official: How can we come to grips too. payers from subsidizing foreign ethanol pro- with the debt of this country? What What this deficit commission forced ducers. can we do to reduce spending and in- us to do was take an honest look at the Bottom line: If the ethanol tariff crease revenue so our children do not debt of America, which is over $13 tril- served only as an offset, it should be at end up inheriting an unconscionable, lion. This debt has exploded in recent the same level as the subsidy, not 18 unsustainable debt? years. cents higher. It has been a hard meeting to discuss A little bit of history. When Presi- Also, this proposal would be extraor- changes in the law and changes in dent William Jefferson Clinton left the dinarily expensive. Oil companies are spending. The goal was to cut $4 tril- White House 10 years ago, the national required under the Renewable Fuels lion out of the deficit in the next 10 debt was $5 trillion. The budget was in Standard to use 13.95 billion gallons of years. It sounds simple, doesn’t it, with surplus. There was extra money in the biofuel in 2011. At 36 cents per gallon, a government this size and an economy budget that was being used to buy time the subsidy would cost the U.S. Treas- this size, but it is not. When you get and longevity for Social Security. And ury more than $5 billion to pay profit- down to it, hard choices have to be it was projected that the next year, able oil companies to follow the law. made. there would be a $120 billion surplus in We cannot afford such a subsidy to oil Erskine Bowles from North Carolina the budget. Ten years ago: $5 trillion companies that will use the ethanol and Alan Simpson, former Senator debt, budget in surplus, and $120 billion anyway. from Wyoming, chaired it and did a surplus predicted for the next year. I believe it is important to under- great job. It was inspired by KENT Fast forward 8 years after President score who is bearing the brunt of the CONRAD, our colleague from North Da- George W. Bush, and there was a much pain being doled out by the economic kota, and Senator JUDD GREGG of New different picture. The national debt downturn and the subsequent weak re- Hampshire. They were the ones who was no longer $5 trillion. The national covery. The top 2 percent of taxpayers asked for this commission. debt of America had risen in 8 years to are not the ones suffering during this We went to work for 10 months, and $12 trillion. It more than doubled. The crisis. In fact, with sales of luxury today we voted on that commission re- budget was in serious imbalance. goods set to surge to their highest peak port. I voted yes. I left that deficit Unfortunately, President Obama in- since the recession began in 2007, the commission to take that short 1- herited in his first year a more than $1 recovery for the richest Americans minute subway ride over here to the trillion deficit. That is the budget he seems well under way. They are able to Capitol to emerge in the Senate Cham- was left by President Bush. What hap- do well for one reason or another in ber and to try to understand how two pened in 8 years for that dramatic neg- this economy. But it is the income buildings so close to one another can ative turnaround in debt in America? groups below them who are not, who be so far apart. Here on the floor of the We waged two wars and didn’t pay for cannot get the loans, who cannot meet Senate, the debate is on whether we them. We had programs that might the payrolls, whose homes are being should extend tax cuts for the wealthi- have been fundamentally sound, such foreclosed on, who have great difficulty est people in America. Doing that will as the prescription drug program, but surviving in this most difficult eco- add dramatically to our national debt. we didn’t pay for them. And there was nomic marketplace. Just to put it in perspective, Senator the argument by the Republicans that So let’s not forget why we are faced MITCH MCCONNELL’s proposal for tax in hard times and good times alike, tax with this impending tax increase in the cuts for the next 10 years will cost us $4 cuts were always the answer. So for the first place. The Bush tax cuts were de- trillion. Does that number sound famil- first time in the history of the United signed to sunset because they were not iar? That is the amount the deficit States of America, during two wars, we paid for. They were not paid for be- commission was told to eliminate in gave away tax cuts, plunging this Na- cause we were told they would lead to spending and create in revenue over tion deeper and deeper into debt. higher revenues. In fact, that has not the next 10 years. All of the work of Today, that national debt is over $13 happened. It is time to let the Bush tax this commission, as controversial as it trillion. cuts for the wealthy Americans expire. is, would only pay off Senator MCCON- Listen to this: 40 cents out of every Mr. President, I yield the floor. NELL’s Republican tax cut proposal, dollar we spend in Washington is bor- The ACTING PRESIDENT pro tem- meaning we would make no progress in rowed—40 cents. Who loans us the pore. The Senator from Illinois. reducing the deficit of the United money? The Chinese—they are our f States of America. mortgagors—Japan, Korea, the OPEC Well, let me tell you about that vote nations. Sadly, as we become more DEFICIT COMMISSION REPORT over in that deficit commission. My deeply in debt and more indebted to Mr. DURBIN. Mr. President, under- phone has been ringing off the hook be- them, we are at their mercy. If tomor- neath the ground level of the buildings cause some people know—and I will put row—and it could happen as quickly as on Capitol Hill is a subway system. It it on the record—I am a progressive. I 1 day—if tomorrow the Chinese said: connects on the Senate side the major come from the left side of the spec- We have lost confidence in the Amer- buildings where Senators and staff and trum. I am a Democrat. I am proud of ican dollar and we don’t believe this committees have their offices with this it. I come from a tradition of two won- government is serious about deficits, glorious Capitol Building. If you get on derful people who served in this Sen- we could see a dramatic negative eco- the subway over at the Dirksen Office ate: Paul Douglas of Illinois, who was nomic impact on the United States of Building to come over to the Capitol, it my first boss on Capitol Hill when I America. We are at the mercy of our

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.012 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8454 CONGRESSIONAL RECORD — SENATE December 3, 2010 creditors, and our largest creditor is table arguing that we must protect the They are piling up deficit debt on China, which today happens to be our most vulnerable in America and de- America, they are calling for more largest global competitor for emerging mand fairness in budget cuts, in spend- money to be borrowed from China and markets around the world. ing, and in revenues. My vote today for other nations, and they are enslaving That is why this deficit commission the deficit commission report is my our children and future generations to is so important. The commission set claim for a seat at that table. I don’t paying off that debt before they can out not only to eliminate $4 trillion in view this vote as a vote on final pas- enjoy the prosperity most of us have spending over 10 years but to engage sage of a bill. That is not how I looked enjoyed in our lives. To ignore that is America in a conversation long over- at the commission report. I view it, as to ignore the deficit. To ignore the due. we say in the Senate, as a vote for a debt is to turn their backs on the re- Think about this for a moment: If motion to proceed, to begin an impor- ality of what extending the tax cuts to you ever happen to see the Tax Code of tant budget debate on the floor. the wealthiest people in America will the United States of America and open After the commission meeting, re- mean. it, you will understand why most peo- porters came up to me and said: What I hope we can ask our Republican col- ple don’t. It is unintelligible. Unless is next? Well, I will tell you what is leagues to take that little trip on the you are an accountant or a lawyer or next. What is next is President subway over to the Dirksen Building practiced in the art, it is hard to un- Obama’s State of the Union Address in and go in there and read the deficit derstand what is going on, with sec- which I am sure he will allude to this commission report before they come to tions and articles and subparagraphs. challenge. What is next is the Presi- the floor and make a speech that ig- But that book, that Tax Code of Amer- dent’s budget, which we should receive nores the obvious: Cutting taxes on the ica, is one of the most important books in February, and following that, a wealthy adds to a debt that our chil- when it comes to this deficit debate be- budget proposal from the House, then dren will have to pay. cause each year in America we spend, one from the Senate, and a debate on I believe we need to continue the tax on that Tax Code, $1.1 trillion. We our debt ceiling in America. Each of cuts for the time being for those mak- spend $1.1 trillion in deductions, cred- these will create an opportunity for us ing $250,000 a year and less. That is its, exclusions, and tax earmarks. That to take the message of this deficit needed to get us through this recession sum, as huge as it is—$1.1 trillion—is commission and move forward. Some and create more jobs. I hope we can get more than we collect each year from parts of it I will definitely want to that done before we leave so that what all of the personal income taxes paid change. Some parts I don’t agree with. happened in the deficit commission across America. That sum is more than Other parts I think are essential. will be reflected in sound judgment we spend each year for all of the do- Let me say a word about Social Secu- here on the floor of the Senate. mestic discretionary nondefense pro- rity. There is no more important social The last point I will make is this: It grams. It is huge, and people don’t program in America, and there never is unfair, it is unjust, it is inconsistent know what is in it. Some do. There are has been. It is more important today with the history of this country for us a lot of special interest groups, busi- than it has ever been because people to cut off unemployment benefits for nesses, groups, organizations, and asso- understand that your pension and work Americans, as we did yesterday. Cut- ciations that have protected them- may not be around when you need it. A ting off those benefits means that 2 selves and taken care of themselves in lot of them have lost it. People under- million unemployed Americans will that Tax Code. stand that the little nest egg, the sav- lose the helping hand they need to feed This deficit commission, the Bowles ings you have, may get beaten up by their families, to pay utility bills, to and Simpson commission President Wall Street tomorrow. But Social Se- buy clothes for their kids, in the mid- Obama put together, has finally opened curity is the bedrock. It is what we dle of this holiday season. There are the door and taken a look inside of count on. 127,000 unemployed Illinois families that Tax Code. I think they did the We have to make sure this program, that will lose their unemployment ben- right thing. What they said to America which is destined to be solvent for an- efits this week. That weekly check of is, if we eliminated all of these deduc- other 20 years, is destined to be solvent $300 may not sound like that much to a tions and all of these credits, how for more years. This deficit commis- Senator or a Congressman. It may be could we reduce the rates, the income sion has come up with a proposal which the difference between making that tax rates paid by Americans at every will add 75 years of solvency to Social second trip to the food pantry and level and by corporations. And the an- Security. keeping the lights on in their home during the holiday season. swer is, they could be reduced dramati- Although it is the deficit commis- I urge my colleagues in both political cally—dramatically. That, to me, sion, the Social Security Program has parties to put party aside and think would be a step forward. I am not call- nothing to do directly with the deficit. Making it a solvent program isn’t about the reality of this recession and ing for the elimination of all of the de- unemployment in America, and what- going to help solve our deficit, but it is ductions and credits. Some of them are ever we do on tax cuts, I insist, I beg going to give peace of mind not only to important—the deduction for health that we include unemployment insur- those currently receiving Social Secu- insurance, mortgage interest, chari- ance as part of that benefit. table donations, and the like—but we rity but to a lot of young people who I yield the floor. should take a look at each one of them, really question whether the program The ACTING PRESIDENT pro tem- and we virtually never do. will be there when they need it. I don’t pore. The Senator from Minnesota. Tax reform needs to be part of deficit agree with all of the proposals that f reform. That was the message I took came out of this deficit commission. I away from this deficit commission re- would change some. I think some of the UNEMPLOYMENT INSURANCE port. benefit cuts don’t have to take place, Mr. FRANKEN. Mr. President, I rise Some people ask me how a person but I think this deficit commission is to speak about extending tax cuts to such as myself, coming from my end of on the right track to give people peace all Americans on income up to $250,000. the political spectrum, could vote for a of mind that Social Security is going I was presiding this Monday when deficit commission report. Well, it is to be there for a long time to come. one of my friends on the other side of basically this: I don’t think that bor- There are parts of this proposal, this the aisle was speaking on the floor, and rowing 40 cents out of every dollar we deficit commission proposal, with he said with great conviction: ‘‘We spend for either a nuclear missile or a which I do not agree. But I will tell my need to do everything to see that the food stamp is sustainable, and I don’t colleagues, getting back to my begin- deficit does not increase.’’ Now, less believe that being indebted for genera- ning point—and I see some other Sen- than a week later, he will vote to in- tions to China and OPEC makes Amer- ators coming to the floor—I hope those crease the deficit by $700 billion. That ica a more fair and just nation. Senators who come to this floor and is an impressive reversal, don’t you When we engage in the critical deci- passionately argue for tax cuts for think? sions about our Nation’s future budg- wealthy Americans at this moment in Many of my colleagues on the other ets, I want progressive voices at the time will acknowledge the obvious: side ran for reelection this fall saying

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.014 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8455 that the deficit is a cancer, that we cans. I remember that when he raised hardware store owners will shutter owe it to our children and grand- the tax rate on the top 2 percent, Re- their doors and fire people if we return children to cut the deficit. Well, to publicans said that would kill the econ- the top two tax brackets to previous them I say: Congratulations because omy. Newt Gingrich—remember him— levels. But that is simply not the case. for one of the first votes after return- on August 5, 1993, said: In reality, only 3 percent of small ing to Washington, you are going to I believe this will lead to a recession next businesses will be affected by this vote to put over $9,300 more debt on the year. This is the Democrat machine’s reces- change. Yet you will hear Republicans head of every child in America. Way to sion, and each one of them will be held per- tout that these top 3 percent of busi- go. And what is that for? To give an av- sonally accountable. nesses make up 50 percent of the total erage tax cut of $100,000 to Americans Senator Phil Gramm—remember small business income. That tells you making over $1 million a year. him—said: one important thing—that those 3 per- My friends, on this subject, have been The Clinton plan is a one-way ticket to re- cent of small businesses aren’t truly saying to us: Haven’t you learned the cession. This plan does not reduce the deficit small businesses. Only under the broad- lesson of the election? I do not recall . . . but it raises it and puts people out of est, most arbitrary of definitions are permanent tax cuts for millionaires work. these businesses small. being on any ballot. In fact, let’s take Governor-elect John Kasich said: When many of my friends on the a look at the exit polls conducted by This plan will not work. If it was to work, other side of the aisle talk about small Edison Research, the exclusive pro- then I would have to become a Democrat. businesses, they are including anybody vider of the national election exit polls Congratulations, Ohio, on electing a who uses a flowthrough business enti- for all of the major TV networks and Democratic Governor. ty—so an S corp or a partnership. They the Associated Press. In their poll, Mr. President, 22.7 million jobs and a are not defining a small business by they found that roughly 60 percent of giant surplus later, George W. Bush size, profits or the number of people Americans wanted to end tax cuts for waltzes into office and says: Hey, we they employ. They are defining it on a income over $250,000. More recently, a are running a surplus. The people de- technicality. Under their definition, Bechtel, the Quinnipiac poll said that only 35 per- serve a tax cut. fifth largest company in the United cent of Americans wanted the Bush tax Let’s recall what he said about his States, is a small business. The Koch cuts extended for those with incomes tax cut. He said over and over again: brothers, who run a petroleum com- over $250,000. By far, the vast majority of the help goes Of course the American people feel to those at the bottom end of the economic pany with nearly $100 billion in annual this way. They know what has been ladder. revenue, are considered a small busi- ness. They are worth about $16 billion happening over the last 20 years in this Wow. That sounds like the bottom each. Law firm partners and Wall country. According to the Economic got the vast majority of the tax cuts, Street bond traders are considered Policy Institute, during the past 20 doesn’t it? They didn’t. Actually, the bottom 60 percent of Americans got small businesses. years, 56 percent of all income growth So Republicans are using the mom- just 14.7 percent of the Bush tax cuts. went to the top 1 percent of house- and-pop grocery store to defend the The top 1 percent got 29.5 percent of holds. Even more unbelievably, a third continuation of these tax cuts. In re- the tax cuts, which is exactly double. of all income growth went to just the ality, the only people they are helping Let me repeat that. The top 1 percent top one-tenth of 1 percent. The wealthy are the Bechtels and the Kochs of the got double of what the bottom 60 per- have done extremely well for them- world and maybe Derek Jeter, Inc.—he cent got. selves over the past 20 years. Unfortu- deserves every dollar he gets—and Mel The results of this new policy? Mas- nately, this is why the middle class has Gibson, Inc.—maybe he has had a bad sive deficits. Only 1 million new jobs done decidedly worse. When we adjust year—and other likely ‘‘small busi- over the 8 years of the Bush Presi- for inflation, the median household in- ness’’ beneficiaries. come actually declined over the last dency, compared to 22.7 million during At the same time that Republicans decade. During those years, while the Clinton’s 8 years. My friends in the mi- are demanding unpaid-for tax cuts for rich were getting richer, the rest of nority want to go back to that discred- the Koch brothers, they are insisting working America was struggling to ited economic policy. we pay for a continuation of the emer- keep up. We have been growing apart. The figleaf here is small business. gency unemployment insurance pro- The American people know this. They attack us and say that not cut- gram. They want to pay for it, even Now, working Americans are forced ting taxes on the richest Americans though unemployment benefits have to listen to Republicans as they de- will hurt small business. Well, it seems been shown to be an extremely effec- mand that everyone needs to share in that, to my friends, some small busi- tive stimulus—in fact, one of the most the pain; we are all in this together. nesses are more important than others. effective stimulus measures. Why? Be- The IRS published a study analyzing Why did they block us for months on cause when unemployed workers get the tax returns of the wealthiest 400 passing the Small Business Jobs Act, their checks for a couple hundred dol- Americans. Want to take a guess at which gave tax cuts to small businesses lars, they go to their local mom-and- what their average effective tax rate and created a $30 billion line of credit pop grocery store and buy food. They was? Just over 16.5 percent. Is that for small businesses on Main Street? spend that money right away in their sharing the pain? Are they sharing the Why did they oppose the HIRE Act, communities in real small businesses. pain just like everybody else? which gave large tax cuts to small It is the holidays. Can they afford to Frankly, I am a little tired of being businesses to encourage them to hire buy a small Christmas present for their lectured to by my friends on the other unemployed workers? Well, it seems kids? I am worried that there are those side of the aisle on the deficit. We all these aren’t the small businesses my among us who would say: No, no pre- know Bill Clinton inherited the largest friends are so concerned about. When sents. deficit in history from George H.W. you and I think about small businesses, The Republicans say these unemploy- Bush and then handed George W. Bush we picture the mom-and-pop grocer ment benefits are too expensive. They the largest surplus in history. Then down the street somewhere in Oregon demand that these benefits must be George W. Bush nearly doubled the na- or Minnesota or maybe a hardware paid for. But tax cuts for the richest tional debt and also handed Barack store or a small precision manufac- people in America—no need to pay for Obama the largest deficit in history. Of turing operation—we have a lot of those. Adding $700 billion to the def- course, my friends controlled the Con- those in Minnesota. We probably think icit—or actually $830 billion when fac- gress for most of those Bush years. of them as small businesses because toring in extra interest payments— Today, we are talking about how to they are small. They probably have a that is no problem. I hear my friends get our economy going and keep defi- few employees, one location, and make on the other side say we are going to cits down at the same time, while what a modest but comfortable living doing have to make some hard choices. I we are discussing right now is whether it. agree. The deficit is a problem. Getting to restore the Clinton marginal tax Republicans are trying to scare us it under control will take shared sac- rate on the very wealthiest of Ameri- into believing that the grocer and the rifice.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.015 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8456 CONGRESSIONAL RECORD — SENATE December 3, 2010 There are a lot of Minnesotans who decade, even though the economy was help the middle class—the backbone of have to make hard choices now. Maybe growing modestly, middle-class in- America, the place I come from and al- it means giving up a second car or no comes declined for the first time since ways fight for? Who would want to ex- summer camp for the kids. Some com- World War II. The average middle-class tend this failed economic program? I munities in Minnesota have had to go family, which had always seen things will tell you who. Every single 1 of my to a 4-day school week because there get better and better, did not from 2001 42 colleagues on the other side of the just isn’t the money there. to 2010. aisle is marching in lockstep saying Some Minnesotans have been even By the way, this did not just occur please extend this failed economic pro- harder hit. Their unemployment insur- during the recession which began in gram. Why? It seems to me what they ance was cut off earlier this week be- 2008. It was constant throughout this hold out for is tax cuts for the million- cause of us. They have a lot of hard decade. The great American dream, aires. In fact, they are so committed to choices right now. Where are they what is it? I submit it is very simple. extending the failed economic program going to live if they can’t pay their Not everyone wants to try to become of the Bush years, they are willing to mortgage or their rent? Choices: food rich, and everyone knows they are not hold hostage the middle-class tax cuts, or medicine or heat. How do I give my going to become rich, but they cer- which we all agree we should have, kids anything resembling a Christmas? tainly know one thing: In America, the until they can give a giant tax break to These are people who lost their jobs odds are very high you will be doing millionaires and billionaires. and desperately want to find work, but better 10 years from now than you are That defies economic logic. The well- we can’t pass unemployment insurance doing today. And the odds are even off—the people for whom my colleagues for them unless it is paid for. But for higher your kids will do even better in the minority are fighting—aren’t the owners of Bechtel or than you. When incomes decline over a going to spend their tax break and get PricewaterhouseCoopers—yes, decade, that American dream burns a the economy moving. They are not PricewaterhouseCoopers is a small little less brightly for people and the going to rush to JCPenney and buy business too—the sky is the limit. whole tenor of America changes and we that warm winter coat they have been I am Jewish. I don’t know the New see the kind of anger we have seen, waiting to buy. They are not going to Testament all that well, but I do know which is not typical of this great land go out to the Barnside Diner and buy a Matthew, which says: of ours with its amazing people. That is nice prime rib dinner. They can afford Truly I tell you, whatever you did for one unusual. all that already. They can afford it 7 of the least of my brethren, you did for me. So, first of all, middle-class incomes days a week, 52 weeks a year. I went to a union hall not long ago have gone down. I want to say something about these for the building trades. A carpenter Secondly, in the last decade, one millionaires and billionaires. God bless came up to me—a big, strong guy with group did very, very well—the highest them. We are not mad at them for hav- rough hands, big calloused hands—with in income among us, the millionaires ing done well. We admire them. We all tears in his eyes. He had just a little and billionaires. God bless them. Their wish we were like them, as successful bit of work here and there over the last taxes went down, down, down over the as they were. God bless them. All we 18 months. He said to me: I never took last decade because of the Bush era tax are saying is they do not need another unemployment insurance before. I hate cuts, but their incomes went up, up, up. $400,000 or $4 million at this time when it. But if it weren’t for my unemploy- They did great. there are so many other more impor- ment insurance, I wouldn’t be in my Thirdly, over the last decade, while tant needs. house. all of this was happening, our deficit I want to reiterate that. I have noth- Making tough choices means doing got out of control. When we began this ing against the wealthy. I don’t like it one thing and not another. Right now, decade in 2001 there was a $250 billion when we knock them. I think they are we are faced with that choice. If we surplus. We hadn’t had that in decades. great. I respect them. I admire their can’t agree to help people such as that It was wonderful and it helped fuel the achievements. There are lots of them carpenter and his family by continuing economy because small businesspeople in New York who started with nothing emergency unemployment benefits, and large businesspeople would borrow and worked their way up. I think it is how can we live with ourselves? How knowing that interest rates would stay great. Some of them inherited their can we think we are doing our jobs? low. Interest rates are often a greater wealth, that is true, and they seem to The choice before us is clear this hol- cost to them than taxes. But when have even more a sense of entitlement iday season: Lend a hand to those who President Bush departed 1600 Pennsyl- than the ones who made it themselves, simply can’t get by without the help or vania Avenue at the end of 2008, he left oftentimes, but many more live the give $100,000 in average tax cuts to peo- behind a deficit of $1 trillion. Some of American Dream through their own ple making over $1 million. that was due to the war in Iraq, where great ingenuity. They pulled them- Where are our values? What are we our brave soldiers defended us, and Af- selves up the economic ladder by their doing here? It is almost Christmas. We ghanistan as well, and a little more of bootstraps. But I have to tell you will be leaving to spend time with our it was due to new programs the Presi- something. When I talk to them, at families. We have jobs; we have great dent authored, including a prescription least those who are wealthy in my jobs. I think this is the greatest job— drug benefit for senior citizens. But home State of New York—even many trying to make people’s lives better most of it was due to the fact that he Republicans—they say: You know back in Minnesota. That is my job. cut taxes on the wealthy. what. For the good of the country, I I ask my colleagues this: What are Our colleagues on the other side of don’t need this kind of tax break. If we we doing here? the aisle say we have to keep the Bush put it to deficit reduction, most of I yield the floor. tax cuts, particularly those for the them say: I would be for it. Not all of The ACTING PRESIDENT pro tem- wealthy. Well, was the last decade a them say that. Certainly not the hard pore. The Senator from New York. great success? Not for the middle class. right people who seem to have the Mr. SCHUMER. Mr. President, I ask No. Their incomes went down. Not for party on the other side in the palm of unanimous consent that immediately job growth because that was smaller their hands, who say: I made my $10 upon my finishing, the Senator from than before. So when we had the Clin- million and don’t you dare touch a Utah be recognized. ton era level of taxes in the 1990s, all of nickel of it. But most—most—say: The ACTING PRESIDENT pro tem- America and job creation and the mid- Chuck, I can afford to pay a bit more. pore. Without objection, it is so or- dle class, in terms of income, did better I have nothing against returning to the dered. than with these tax cuts which began Clinton rates, as long as, they say—and Mr. SCHUMER. Mr. President, I rise in 2001. So this cry that we need these this is a reasonable caveat—the money as well to speak about the single most tax cuts for prosperity doesn’t fit with goes to a good purpose: making our important issue facing the American history. It may fit with a particular schools better, improving our infra- people today, and that is the state of ideology, but it doesn’t fit with his- structure and, above all, they say, de- the economy. tory. creasing the deficit. Let’s consider three facts and lay Who on Earth would want to extend a That is what the amendment I will them side by side. First, over the last failed economic program that didn’t offer tomorrow would do. The other

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.016 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8457 side of the aisle wants you to believe to the floor and asked unanimous con- One final point as I conclude, and the average American overwhelmingly sent for just a 1-year reauthorization that is about the deficit. The deficit, as supports tax breaks for millionaires. I for unemployment benefits, the other I mentioned, is huge. But let me just have heard it. They say: The election— side objected. As the Senator from say the Bush tax cuts and particularly haven’t you Democrats heard about the Minnesota said when he was speaking those for the millionaires and billion- election? Well, I was running this year. on the Senate floor a few minutes ago, aires add a huge amount to the deficit, I happened to get 65, 66 percent of the the anomaly is that the Republican and we do not hear a peep about it vote. I got a lot of votes from Repub- Party is saying we don’t have to pay from the other side. They care about licans, a lot of votes from Independ- for tax breaks for the millionaires but the deficit, but $300 billion that it ents, and I talked to a lot of angry peo- we have to pay for an increase in un- would cost to give these tax breaks to ple. I saw a lot of tea party people. employment benefits. What kind of millionaires and billionaires, that is None of them said to me: Make sure logic is that? OK. Please. you keep tax breaks for the million- The middle class is worried. They are Over the next year, I am going to be aires. They may have said shrink the worried about how they are going to up here reminding my colleagues when government; they may have said repeal stretch that paycheck. They are wor- they say we cannot pay for help to our health care. That is true. But none, ried about how they are going to make schools so they can hire a science none said: Keep the tax breaks for mil- that mortgage payment. They are wor- teacher who might create the genius lionaires and billionaires. ried about how they are going to keep that would create a new industry that Here is a poll that reflects that, and that job. In this recession, middle-class would create new jobs, when they say it is not by some Democratic Party or- people are more unemployed than ever we cannot have money to repair a road ganization or some Republican Party before. Most recessions in the past had or a sewer project that would create organization but by CBS, a nonpartisan two differences: One, they mainly af- good-paying jobs because it would in- poll. The poll yesterday said only 26 fected the poorest people and the work- crease the deficit, I am going to remind percent of Americans support million- ing-class people who made the lowest each and every one of them that they aire tax breaks—26 percent. Now you salaries. This one has gone way up into said, when they gave tax breaks to mil- may say: Well, that is just the Demo- the middle class and the upper middle lionaires, the deficit didn’t count. Just crats. Oh, no. Only 25 percent of Inde- class. I have met hundreds of these peo- remember that. And, of course, they say these tax pendents say keep the tax breaks for ple as I have traveled through my breaks for millionaires and billionaires millionaires—those swing voters who State, and they are out of work for a are tax breaks for small business. My are the ones who created a lot of new lot longer. It is no longer 3 weeks or good colleague—someone who looks Republican seats and caused us to lose even 3 months but 6 months, 9 months, very much like the Presiding Officer, a lot of Democratic seats. Even on the a year. We just heard the unemploy- the Senator from Minnesota, who was Republican side, 46 percent—only 46 ment rate went up, under these Bush seated over there a few minutes ago— percent—supported millionaire tax tax cuts, to 9.8 percent. talked about that. breaks. We are trying to offer solutions that My dad was a small businessman. He So this idea that the election was a bring the unemployment rate down. We had a little exterminating business. It mandate to cut taxes on millionaires are trying to offer solutions that focus wasn’t very successful. I know how he and billionaires—you know, I didn’t on the middle class, while our Repub- suffered through it. He knows these tax only run in New York, but I worked lican colleagues are busy defending the breaks are not for a business like his— closely with many of my colleagues in wonderful people who made a lot of or the dry cleaner or the restaurant or many parts of the country—the North- money but don’t need the help. any of these other businesses. They are east, Midwest, Southwest—and none of After Senator BROWN offered his bill not for any at all because we are not them reported any hue and cry to keep to reauthorize unemployment insur- talking about corporate tax cuts. They tax breaks for millionaires—none. That ance, Senator UDALL of New Mexico are for very wealthy people, some of is not what the election said. asked for consent to take up and pass a whom you have mentioned. Now maybe the money of some of bill to extend the highly successful I know my colleague from Utah has those millionaires helped create ads on Building Start Program. That gave tax been patiently waiting, so I am not other issues that helped win the elec- incentives so construction workers going to talk about all the small busi- tion for these folks but not the issue could build buildings that were energy ness stuff, but I just want to remind itself. So we need to get our economy efficient—150,000 good-paying jobs. people about this plan. Under the humming on all cylinders again, and it They objected. President Bush tax breaks for million- is true we need to stimulate demand. Next came Senator STABENOW from aires, here is what would happen. Mark Zandi, an economist who is as Michigan, a real leader in the fight for Under the plan my colleagues across well-respected on the right, as well as job creation. She came to the floor the aisle are supporting, people who the left—I believe he was Senator with a bill to give tax breaks to manu- make $1 million would get a $43,000 MCCAIN’s chief economic adviser when facturers. We need manufacturing, not break per year; people who make $10 he ran his campaign—said every dollar only in her State of Michigan but in million would get a $400,000 break per spent on tax breaks for the million- my State of New York—particularly year; people who make $100 million aires generates 32 cents of economic upstate. Conservative estimates said would get a $3,800,000 break per year. activity. Those of us who believe in the bill would create 40,000 private sec- The average middle-class family mak- economic efficiency, which I do, know tor jobs. Again, the Republicans ob- ing $60,000 would get $2,500. We want to that doesn’t work. Let me give a con- jected. get that middle-class family its break. trast. Every dollar spent on unemploy- Then I offered a bill myself—and I am We will give the same amount to these ment benefits generates $1.61 in eco- glad my colleague from Utah is here folks, they will get a break, no more nomic activity. because this was a bipartisan bill. It and no less, than the middle-class fam- So if you care about getting the was a tax cut for business called the ily. But we don’t believe these breaks, economy going, you are going to be for HIRE Act. It said if you hire somebody where we have so many other needs increasing unemployment benefits who is unemployed 60 days, you don’t and a huge deficit to boot, are called quicker than tax breaks for million- have to pay the payroll tax for this for. aires. According to Mark Zandi, most year. It is expiring. I wanted to extend We will be debating that all day every economist—even those on the it. Objection. today, all tomorrow morning until right—doesn’t believe that is false. UI The bill had passed with bipartisan 10:30—but also for the rest of the next benefits are 400 percent more stimula- support. But the point is to get tax 2 years. tive than tax breaks for the wealthy breaks for the millionaires they would Again, I repeat, don’t talk to us according to Mr. Zandi. even object to a bipartisan bill that about deficit reduction, folks, if you Yet on Wednesday, when my es- gave a tax break to businesses that are willing to put this whopping hole teemed and effective colleague from would employ people. What kind of for deficits for tax breaks for the mil- Ohio, Senator SHERROD BROWN, came logic is that? lionaires and billionaires. Don’t come

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.017 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8458 CONGRESSIONAL RECORD — SENATE December 3, 2010 to us and say this program for this guarantee, and I do not think anybody plan. Roughly one-fourth of the Demo- school or this road or this small busi- could doubt this guarantee, that if his cratic caucus supported the plan. ness incentive should not be passed be- approach wins, the Democrats will Because of the opposition of the cause of the deficit but it is OK to give take every dime of that and spend it. Democratic leadership, efforts to make the breaks to these folks. In fact, the President’s budget spends these policies permanent law were More people last night tuned in to more toward the end than it does now— rebuffed. Check the record. During the watch the reruns of ‘‘Matlock’’ on TV I mean a lot more. That is one of the years of the Republican majority, the Land than would benefit from the Re- problems. Democratic leadership opposed efforts publican proposal. I haven’t seen We know a good 50 percent of small to make the widely applicable tax re- ‘‘Matlock’’ in a long time. I am sure businesses would be affected. They are lief measures permanent. Those efforts those people who watched it had a good the ones who create jobs—25 percent of were also opposed by the other side. time, but it wasn’t many of them. But the employees and about 50 percent of What is even more revealing is the it was more of them than the million- small businesses would be affected if record since the Democratic leadership aires and billionaires who would get we do what the Democrats would like assumed control of the Congress al- this break. They are a powerful group. to do. most 4 years ago. A few moments ago, God bless them. They should not have Be that as it may, those are some of I said actions speak louder than words. the kind of power they have, to have the differences. But I am going to ex- Votes speak louder than speeches. good people on the other side of the plain why at the last minute this Con- After obstructing permanent tax relief aisle tie themselves in a knot to pre- gress—after the upheaval that hap- in the minority, what did our friends in vent all kinds of important things from pened during the election—this Con- the Democratic leadership do when happening until they get their break. gress cannot seem to get together dur- they gained power? Let’s take a look. I yield the floor. ing a time of economic distress and put I have a series of charts. The Demo- Mr. REID. Mr. President, I have been over these tax reliefs that were started crats have taken power. These charts in touch with Senator MCCONNELL, and in 2001–2003—that we cannot do that chronicle the record of the Democratic he knows I am asking this consent and at the last minute to come in and leadership on this time-sensitive mat- agreement. I ask unanimous consent want to change the game again and do ter. The first chart chronicles the first that at 10:30 a.m. tomorrow morning, that at a time when we have the eco- year of the new Democratic Party ma- December 4, the Senate proceed to vote nomic difficulty and problems we have. jority. The year is 2007. The Democrats on the motion to invoke cloture on the It is more of the same. took power on January 4, 2007. You will Reid motion to concur with the House Over the last few days Americans see it circled on the chart right here. amendment to the Senate amendment watching C–SPAN would have seen a That is January 4. Look at the rest of to H.R. 4853 with the Baucus amend- lot of speeches about widespread tax the year in 2007. Think about it. No ac- ment No. 4727, with the time from 8:30 hikes that will arrive with the new tion was taken on the tax hikes that a.m. to 10:30 a.m. equally divided be- year. Many of my friends on the other come down in less than 1 month. No ac- tween the leaders or their designees. side deployed several attacks. C–SPAN tion, none, nothing, zilch. The PRESIDING OFFICER. Without viewers probably were not surprised Let’s take a look at 2008. This chart objection, it is so ordered. the attacks were exclusively aimed at is pretty simple. Take a look. It is Mr. REID. Mr. President, this is a those on this side. completely blank other than the cal- time that virtually no one is happy I will not get into correcting the endar on there. No action, nothing, with. Someone wanted it late, someone record any more than I have on all of none, zilch. wanted it early. As I indicated to Lula that misinformation right now. I would Here is a chart for 2009. It is an im- Davis, we just split the baby in half. like to focus on two themes we heard. portant chart as well. There were big This is the best we can do. Make as We heard them over and over. The first changes in Washington. Democrats many people happy as we can. We are theme was repeated many times. It was gained a large majority, 60 votes in the coming in at 8:30, which is unusual on this: Republicans are accused of hold- Senate. It was basically a filibuster- a Saturday morning, but people who ing hostage tax relief for middle-in- proof body. That is circled here on Jan- live certainly east of the Mississippi, come taxpayers. The second theme uary 6. they can go some ways—it is difficult took some creativity. If you listen to President Obama takes office on Jan- for those of us who live west of the our friends on the other side you would uary 20, right here. It is circled right Mississippi to go anyplace, but at least think they had hired a psychic or mind there. You can see it. A little over 3 some people will be able to have an reader, that somehow this mind reader months later an event occurred that afternoon at home or in their States had successfully read the minds of 42 many on our side of the aisle will not with this agreement that has just been Republican Senators. forget. The senior Senator from Penn- approved. Our friends spoke as if they had de- sylvania crossed the aisle to give The PRESIDING OFFICER (Mr. termined the motives of 42 Republican Democrats a filibuster-proof majority. FRANKEN). The Senator from Utah. Senators. Perhaps not surprisingly, the Let me just point to that third circle Mr. HATCH. Mr. President, I always motive ascribed was not very favor- right here. enjoy listening to my colleague from able. Republicans’ alleged hostage tak- Nothing happens for the rest of the New York. He is one of the brightest ing was described as solely motivated year, not a doggone thing happened for people in this body, he is one of the by a desire to cut taxes for high-in- the rest of the year. We had a larger toughest, and he has been a very dear come people. Democratic majority sworn in; Presi- friend all these years. If our friends in the Democratic lead- dent Obama was sworn in. I might mention that the Schumer- ership hired a mind reader, I advise Then my dear colleague Senator Hatch bill is now law, a bipartisan bill them to seek a refund because it did SPECTER decided he wanted to be a we did put through. That was a good not work. You have been had, my Democrat, and he switched parties. step in the right direction as far as friends. You didn’t need a mind reader. That got 60 votes in the Senate. Noth- gaining jobs. You need not come to the floor and ing happens for the rest of the year, I would also like to point out that 56 spend all day ascribing motives to your nothing else happens. percent of all capital gains that create colleagues on this side. On December 3, 2009, 1 year ago, the jobs are paid for by people who earn The record is clear today. It has been House Democratic leadership passes a over $500,000 a year. clear for a decade that the tax relief long-term death tax reform. That is I also would care to point out that I program has been in effect. Actions right here on December 3. This rep- absolutely guarantee to everybody speak louder than words. Votes speak resents a milestone. Almost 3 years watching us today what would happen louder than talking points or press re- into their majority, one portion of the if there were these tax increases. I leases. congressional Democratic leadership think the distinguished Senator knows When first passed over 91⁄2 years ago, took comprehensive action on one his suggestion polls very well. Is that nearly all of the Republican conference piece of the 2001 tax relief expiring pro- the reason we should do it? No. But I supported the bipartisan tax relief visions.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.019 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8459 Let’s take a look at 2010. It is the year after we put that tax extender bill than a month now. Republicans have fourth year congressional Democrats out, look where we are. not controlled the House for 4 solid have controlled both bodies, abjectly Unfortunately, the Democratic lead- years. For almost 2 years, the other controlled them, in this decade. The ership scuttled the bipartisan agree- side has ruled with one of the most ro- House-passed death tax reform was ment between Chairman BAUCUS and bust majorities in modern times. The placed on the Senate calendar on Janu- Ranking Member GRASSLEY about 10 motives of the minority in the House ary 20, 2010. When Senator SCOTT months ago. After that, a partisan hardly ever solely determine the fate BROWN was sworn in on February 4, the strategy was pursued by our friends on of any bill there. It is likewise in the Democratic majority fell, if that word the other side. Not surprisingly, it Senate. A filibuster-proof majority has is appropriate, to 59 majority votes. failed several times. I will give them a a lot of power. A majority that is What has happened for the balance of checkmark on the chart for doing the slightly less than filibuster proof needs this year? What action has the Demo- minimum. My friends in the Demo- to work with the other side. That is the cratic leadership taken as the big tax cratic leadership did at least bring up a way the Senate has always worked. hikes approached? With the economy bill. Even if we Republicans were to de- slumbering and a big tax hike coming, As the chart shows, the tax extend- cide to filibuster, how could we have what actions has the Democratic lead- ers—right here—which are overdue by filibustered something that doesn’t ership in both Houses taken? With the almost 1 year, are not alone. There are exist? Look at all those prior charts. Nation’s job creators, America’s small three other major areas of unfinished Not one doggone thing done. It is some- businesses, expressing pessimism about business, and there are others as well. thing that has not existed for almost 4 the business environment and a loom- But I decided to talk about these. years of Democratic Party control of ing tax hike on the horizon, what ac- One area Senator GRASSLEY and I dis- both Houses of Congress. Go back tions has the Democratic Party leader- cussed at length a couple weeks ago ap- through the record. In the 4 years of ship taken? With unemployment an- plies to millions of middle-income fam- majority rule, show me the Senate Democratic leadership bill that Repub- nounced today at 9.8 percent and a big ilies this year. It is the 2010 alternative licans could obstruct. There hasn’t tax hike coming, what action has the minimum tax. Another area is the been any. Democratic Party leadership taken death tax. In less than 1 month from now, the number of States to be hit by Yesterday, finally the dam of inac- over these last 4 years? tion broke, but it broke on the House By the way, this latest data indicates the death tax will shoot dramatically side. House Democratic leadership sent that the unemployment rate is going upward. Small businesses and family a bill late in the second week of this the wrong way; that is, upward. It is farms are going to be lost unless we do lameduck session. The bill does not going up again. More Americans are something about it. But here we are in prevent a tax hike on virtually every out of work. I remind my friends in the the last few weeks of this session. They American taxpayer. But what kind of Democratic leadership to pay close at- haven’t done a doggone thing on the action is the House bill? It is political tention to this data. It should con- AMT patch. The House did something on death tax reform, but we have done action, pure and simple. It is political. centrate the mind on policies to Look no further than the statements of counter the problems at hand rather nothing. Both bodies have done noth- ing. And they have done absolutely the bill’s authors, the House Demo- than politics. cratic leadership. We can view that bill With a big tax hike less than 1 month nothing on these tax hikes. When com- as an expression of partisan sentiment away and this horrible economic data pared with the Lincoln-Kyl com- in the House Democratic caucus. It will arriving this morning, what action has promise on death tax reform, the num- not become law, and we all know it. the Democratic Party leadership taken ber of taxable estates will be 10 times It is up to the Obama administration and the Democratic leadership in the higher. In the case of family farms, it and Senate Democratic leadership to Senate? Let’s take a look. Over the will be 13 times as high. work with Republicans. The aim should The third area is the 2001 and 2003 tax past several months, Republican Sen- be a bipartisan transaction or deal, if rate cuts. As important as extenders, ators have come to the floor to urge you want to call it that. Real legis- the AMT patch, and the death tax are, our friends in the Democratic leader- lating on these time-sensitive tax hike ship to address a time-sensitive topic. I the impact of this tax package down prevention issues is long past due. am referring to a package of unfinished here is monolithic in comparison. I am What kind of actions are the Amer- tax legislative business. referring to the marginal income tax ican people receiving from the Senate I am on the Finance Committee. I sit rate reductions that are current law Democratic leadership? The majority right next to our ranking member, until the end of this month. I am also leader has used his procedural power to Senator GRASSLEY. I expect to take referring to family tax relief. Both jam Republicans. He has a right to do over as ranking member in January. pieces were the core of the bipartisan that. But it has been consistent. Call a Ranking Member GRASSLEY and I used tax relief enacted in 2001 and 2003. bill up, fill up the parliamentary tree, this chart in a colloquy a couple of For an example of the importance of prevent any and all amendments in the weeks ago. Here is our checklist chart. this package, we need look no further greatest deliberative body in the world, The only piece of legislation the Sen- than a typical family of four. For a and then try to ram it through. I have ate has considered is one small but im- family of four earning $50,000 of in- to say that these tactics also jam any portant piece of unfinished tax legisla- come, the tax hike they face will be Democrats who might differ with the tive business. It is what we call tax ex- $2,136. In this slow-growth environ- Democratic leadership’s scheme. And tenders—something we almost auto- ment, who among us thinks it makes there are some who do. The sum and matically have passed in the past. sense to hike this family’s taxes by al- substance of the Democratic leadership Unfortunately, the Democratic Party most $200 a month? That is where we procedural jam is to guarantee that we leadership in the Senate and House are. Unless we can get this all done by will waste yet more procedural and scuttled a bipartisan agreement be- the other side cooperating, it seems to more precious time. If Members don’t tween Chairman BAUCUS and Ranking me, a family earning $50,000 is going to believe me, ask the congressional press Member GRASSLEY about 10 months be socked an extra $2,136. corps outside the Chamber. ago. After we put it right out of the Contrast the record I have laid out Taking a bet on a successful legisla- Democratic-controlled Finance Com- with the two attacks directed at Re- tive outcome of the two jammed votes mittee, they basically canceled it. publicans over the last 2 days. Just tell would not be a good wager. It could be That includes the research and devel- me, how could we possibly have held akin to accepting an offer to sell the opment tax credit that helps our high- hostage any bill with the votes the Brooklyn Bridge from a fast-talking tech world to remain competitive, to Democrats have had over the last 4 New Yorker. No one is fooled by this mention one. years? The folks taking these partisan move by the Senate Democratic leader- The reason I mention that is because shots have had almost 4 years with an ship. I challenge any of my friends on it is something almost everybody overwhelming majority in both the the other side to show me the votes. wants. It is one of the glues that bind House and the Senate to deal with a How will the actions of the Demo- everything together. Over this whole massive tax hike set to kick in in less cratic leadership advance the ball if

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.021 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8460 CONGRESSIONAL RECORD — SENATE December 3, 2010 the two votes are designed to fail? protect middle-income taxpayers from I would like to see jobs recreated. I Sure, maybe from their perspective a tax hike. Nearly every Republican in would like to see us do the things we there is some cheap political benefit to 2001 supported it then, tried to make it are here to do. I would like to have the the Democratic leadership and Demo- permanent, and we support it now. White House—they have brilliant peo- cratic Party staging these jammed You need look no further than our ple in the White House, brilliant peo- votes. As one member of the Demo- leader’s bill. It is right there in the ple, not one of whom, to my knowl- cratic leadership implied yesterday, bill. On our side, we want more of these edge, has been constructive in his or maybe there will be some campaign middle-income taxpayers to keep their her lifetime in creating private sector material produced. Is that what this is jobs. We want a business and invest- jobs. They are great at creating public all about? Is that what the greatest de- ment environment that reduces the sector jobs, as we have all seen over liberative body in the world is all punishingly high unemployment rate the last couple years, as Federal jobs about in the last few weeks of this ses- of close to 10 percent now. That does have jumped dramatically. But hardly sion when this country is in the fiscal not even talk about the underemploy- anybody down there even knows how to problem it is in? ment rate which is a little more than create a private sector job. I ask my friends to step back and 18 percent when you include people who I do not want to be mean to the take another look at the political cal- do not even want to look for a job any- President or anybody else. These are culation they may be making. The more and those who have given up. brilliant people. Maybe there is some- American people are angry. I have held Almost 4 years ago, in the 2006 elec- thing there that they can come up seven townhall meetings in the last few tion, the American people provided the with. But they sure as heck are not months, plus two tele-townhall meet- Democratic Party leadership with con- helping us get through this end of ses- ings. The American people are very trol of the Congress. In the 2008 elec- sion in a way that will create jobs. angry. The American people know it tion, almost 2 years ago, the American has taken almost 4 years for our people provided the Democratic leader- I hope our negotiators on both sides friends in the Democratic leadership in ship with the largest majorities in will wake up and realize we have to do both the House and Senate to address more than a generation. They also pro- what is right for this country, and we this looming tax hike. They have had vided the Democratic leadership with a have to do some things that will help monumental majorities that would President of their party. small businesses in this country create have enabled them to put just about The Democratic leadership spent the jobs. At a time when unemployment anything through that they wanted, period of 2001 to 2006 thwarting efforts has now jumped to 9.8 percent, with the such as the looming tax hike they all to make the bipartisan tax relief of underemployment rate over 18 percent knew about when they took power long 2001 and 2003 permanent. Upon assum- the last time I checked, it seems to me ago. Is it really worth running through ing control, they spent almost 4 years the worst thing we could possibly do is this political charade with a couple of with no legislation, as you can see on mess it all up with tax increases partisan votes and campaign commer- this chart, to make permanent or even against anybody. cials that may be used 2 years from extend the marginal rate cuts and fam- I personally have suggested that now? Is it really that important? ily tax relief packages. No Senate leg- since Republicans want this tax relief I ask my friends in the Democratic islative action, no Senate committee of 2001 and 2003 to be permanent, since leadership and the Democratic side to and floor action, no Senate action until we have wanted that, and the Demo- consider the political calculation fur- this late lameduck session partisan crats have wanted only those at ther. Especially consider it when these jam vote. $200,000 and $250,000—below those fig- two partisan jam votes fail. If they The Senate Democratic leadership ures—to have the tax relief, and they want to keep playing politics with a needs to engage. Engagement is defined want their so-called middle-class tax big tax hike on virtually every Amer- as a constructive activity with the goal rates to be permanent—which we would ican, what will they say when we hit of changing the law. Engagement is not keep going because we believe as much the last day of this calendar right defined as repeating a dead-end par- in middle-class tax relief as they do—in here? Will they say: Too bad, American tisan process like we have seen with fact, I think actually more—it seems families. Will they say: Too bad, small the extenders bill—something we to me we ought to get together and we business folks. Will they say: Jamming should have passed long ago and we ought to at least give this economy a the other side with partisan votes was were willing to. Time-sensitive tax leg- chance over the next 2 or 3 years, as our foremost goal. What will they say islative business should go through the much as I would like to make this stat- after wasting the hard-working tax- regular order process. It is too late for ute permanent, and give us a chance to payers’ time and money on these jam that now, as you all know, as we all be able to regenerate jobs in this soci- votes? know. ety in ways that make sense. Let’s go to the partisan allegation It is too late for partisan stunts. The Keep in mind, when we start talking that it is not helpful to the goal of a bi- American people need action. Actions about the so-called millionaires’ tax, partisan deal. It is the second theme to speak louder than words. It is too risky we are talking about 56 percent of all which I referred. Many on the other for all of our constituents to aim for capital gains rates paid by people, side ascribed to Republicans a motive partisan stunts. The clock is ticking, many of whom are small to take whatever action necessary sole- and soon this calendar, in this year businesspeople who will create jobs if ly to provide tax relief for high-income right here—this whole calendar—will we can get rid of the uncertainty that, taxpayers. Now, let’s be clear. Senate be history. I have to say, has been continuous over Well, the Americans deserve real leg- Republicans and Democrats both want the last 4 years, and certainly over the islative action. As I have said, it is one to prevent tax hikes on middle-income last 2 years. families. The only difference is Senate thing to come on the Senate floor now I just hope we can get together. I Republicans want to do more. and try to raise the thresholds and so On this side, in this slow-growth en- forth at this late date. But the fact is, hope nobody will construe my remarks vironment, we do not want to raise small businesses are mainly partner- as trying to pick on anybody. I do not taxes on anyone right now. Yesterday, ships, sub S corporations, entities want to do that. I just want to make I discussed some of the reasons for pre- where the income comes to the small these points because I think they are venting any tax hikes, even preventing businessperson who, in most cases, if relevant, they are truthful, and, frank- the so-called millionaires’ tax hike. It they want their business to grow, puts ly, it is time we get together and get is a hit on small businesses, and we all a lot of that income back into creating these problems solved. know it. It is a hit on the after-tax rate jobs and opportunities. I yield the floor. of return on investment. This so-called I have even heard the phony argu- The PRESIDING OFFICER. The Sen- millionaires’ tax hike will slow the ment over the years that, well, it is ator from Rhode Island. flow of the lifeblood of business—cap- only 3 percent of small businesses. Mr. REED. Mr. President, first, let ital. Well, that 3 percent is 750,000 busi- me thank my colleague from South Da- Let’s be clear. On our side, we want, nesses that create 70 percent of the kota, Senator THUNE, for allowing me just as much as the Democrats want, to jobs in this society. to precede him.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.021 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8461 Mr. President, I come to the Senate But now we have another choice, and At the crux of it, though, is this deci- floor this morning to urge my col- this choice—again, mission 1: How do sion to support working Americans, leagues—all of us—to move very quick- we keep this demand going? How do we middle-income Americans. Again, ly to pass tax relief for middle-income sustain it? There is a strong argument there is a tendency in these kinds of Americans. We have a crisis in this to provide a continuation of the mid- debates to be stereotypical and to mis- country: a crisis of jobs, a crisis of in- dle-class tax cuts. understand. People who have been very come for middle-class families. One of But the next mission is, how do we successful in the country and make a the ironies is I was here in 2001 when rein in this deficit? That requires lot of money work awfully hard, but I the Bush tax cuts were proposed. One tough choices. To me, the idea of with- use the term to refer to those middle- of the major premises of those tax cuts holding further income tax breaks for income Americans who are working was, well, this is going to free up the the wealthiest Americans, that is very hard, facing real challenges, and engine of job creation. It is going to re- something that in terms of deficit re- don’t have the same kind of support sult in such economic growth that our duction is probably a lot easier to do— they just had, if you will, 2 or 3 or 4 or surplus—and at that time we had a sur- and, frankly, there is nothing easy to 5 years ago to fall back on. plus—is going to be sustained, if not in- do around here these days—but a lot There is another aspect of this legis- creased. easier to do than some of the glib dis- lation that is pending before us. One The record is that we have seen the cussion or claims that we will just re- point I wish to make is that there is a worst private sector job creation in form Medicare, or we will reform this national housing trust fund that was this decade since pre-World War II. We entitlement, or we will cut this defense discussed being included. That is not have seen the incomes of middle-class program, et cetera. All of that may included, and I hope we can include it. Americans stagnate, while we have have to be done, but ask yourselves: If That is another program that is going seen the incomes of the very richest ex- we cannot do this, how likely will we to help put people to work, and I hope pand dramatically. be able to take on even tougher issues we can do that. One of the phenomena that was tak- Then, of course, there is the other as- ing place at the end of the 1990s and in that confront us? So I think this is a defining moment pect of the Baucus bill; that is, the 2000 and was a function of several emergency unemployment compensa- in terms of our continuation of sup- things—first, tough tax votes by Demo- tion. We just received a report from the porting working families, expanding crats alone in 1993 to begin to balance Council of Economic Advisers, and the economy, growing jobs in America, the budget; second, Federal Reserve they have pointed out that this pro- and also taking at least a small step to policy that recognized those tough gram has helped 14 million unemployed begin to deal with the deficit. We know votes and was appropriate in terms of workers as of October 2010, and at that the addition of these tax breaks for the providing an adequate interest rate time, there were nearly 5 million un- wealthiest—and let me put the tax level; and the third was something, employed workers benefitting from issue in context. We have a progressive frankly, we did not even recognize: the these programs each week—5 million tax system. People who make a lot of explosion of information technology in Americans. These people were working. terms of how it made us more produc- money will enjoy all the tax reductions They got caught up in this recession. tive—but those three factors together that stay in place for middle Ameri- This is, for many of them, the only led us to the year 2000, to a situation cans. They will not enjoy the tax cuts constant source of support they have where we had a surplus. We had unem- that were imposed by the Bush admin- now as they look for work. ployment rates that were very low, istration for the wealthiest. That cost We have seen this benefit not just the particularly relative to today. to the Nation over 10 years will be $700 recipients but their families. In fact, Then the Bush administration came billion of additional deficit. there has been an estimate of about 40 in and decided tax cuts, particularly We are already in a hole, and we are million people—spouses and 10.5 mil- tax cuts for the upper income Ameri- going to dig ourselves much deeper. We lion children—who have depended in cans—because that was the implicit ar- can decide—and I hope we do—to con- part on getting these unemployment gument, that they create the jobs—if tinue to try to provide support to mid- benefits. you give those tax cuts to the wealthy, dle-income Americans, and at the same It has also been able to maintain em- they will create the jobs. Well, we have time achieve that other objective ployment. There is an estimate that had 10 years of real experience, and which must be dealt with: somehow 800,000 jobs have been maintained and that has not worked. trying to get a handle on the deficit— created because of this unemployment There are other factors that inter- a deficit that the President inherited, compensation. That is because when vened. We have had two wars we chose along with an unemployment rate that someone gets their check, they do not not to pay for, increasing the deficit; was unacceptable. Progress has been usually toss it aside; they cash it. They we vastly expanded entitlements—not made, not enough progress in terms of go to the grocery store. They go to the reforming them really but expanding employment, and we have to keep up gas station. They go to places they them—through Part D of the Medicare the effort. have to go. They put a little tuition Program, which was also unpaid for. So this is an issue of providing sup- down if they have to pay tuition on a Now we are looking at the worst eco- port for working Americans and begin- child’s education because they des- nomic performance we have seen since ning the long-term difficult task of perately need these funds. So in that the 1930s. We need to do two hugely getting the deficit under control. It is regard, it creates and sustains jobs. challenging missions: First, we have to a difficult task. I was here in 1992 and We are in danger, frankly, of seeing grow jobs. We have to continue to sus- 1993 and 1994 when it was done—and it this UI program terminated. I think we tain demand. That is why in that con- was a difficult, arduous task. have to continue it. I think it will add text a tax cut for middle-income Amer- The bill that Chairman BAUCUS is of- immensely to the efforts under way to icans makes some sense now. I did not fering today will also extend the Mak- help middle-income Americans. The av- think the package of tax cuts made ing Work Pay tax credit that gives all erage benefit is about $300 a week. That any sense in 2001. I voted against it. I working Americans a $400 tax cut in is certainly not an inducement to say: think we should have stuck with the their paycheck through 2011—again, to I don’t need to look for work; I want to hard-won surplus, investing in the encourage work in the United States. spend the rest of my life making $300 a country. Or if we were going to provide It will make the child tax credit per- week. The program provides up to 99 tax relief, give it to the middle class, manent. It cuts taxes for families pay- weeks of benefits. There is no attempt give it through a reduction in payroll ing college tuition, State and local to extend it, but it would be the same taxes that will encourage more em- sales tax, and property taxes. All of 99 weeks people were able to benefit ployment, give it in a way where it is that is aimed at working families, our from 2 years ago. So I think we have to targeted to those people who are strug- constituents. It also cuts taxes for do that. That is part of this debate gling with jobs, with college tuition. business research and development, also. I would hate to see that the only That was not the choice that was made other programs that are going to help, thing we do at the end of this day is though. I think that choice back in we believe, stimulate job creation. pass tax cuts and not also include un- 2001 was the incorrect choice. These are very important. employment compensation.

VerDate Mar 15 2010 00:18 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.022 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8462 CONGRESSIONAL RECORD — SENATE December 3, 2010 I think we have to have a middle- check, but we can begin the long, dif- morning, that number got worse. We class tax cut, but we also have to have ficult struggle of going from a deficit have more people unemployed, more unemployment compensation benefits to a surplus. I have done it once. It is people hurting economically. Yet in extended. I don’t have to tell anyone in not easy. the waning days of this legislative ses- this room that the unemployment rate Frankly, I think the choice before us sion before the holiday break and be- is too high everywhere. In my State, it in the next 6 or 7 months will look a fore a new Congress gets seated next seems to hover between 10 and 12 per- lot clearer and more graphically in year, we have had discussion and mo- cent. We have never withheld emer- favor of the position we are advancing tions about the DREAM Act. We had gency unemployment benefits nation- than some of the proposals that are motions about don’t ask, don’t tell. We ally as long as the unemployment rate floating around in terms of programs talked a lot about getting the START was above 7.2 percent. Republican ad- such as Medicare and defense spending, treaty done before next year. There has ministrations, Democratic Congresses; et cetera. All of them have to be looked been discussion about this Public Safe- Democratic administrations, Repub- at. But if we can’t do this, I think a lot ty Unionization Act. I think all of lican Congresses—in every combina- of Americans and people around the these things are probably important to tion, we have always understood that globe are going to start asking the certain Members of the Senate but this program needs to be renewed. question: Do they have the political ca- none of which are as important to the So I have heard other proposals such pacity to make the difficult choices American people as the point I just as, let’s do this, but let’s offset it by that are necessary? mentioned; that is, 9.8 percent unem- unobligated funds. But these unobli- A final point. Many of my colleagues ployment. gated funds could include many things. say, and I think with great insight, People are hurting. People have lost For example, they could include a bor- that the real judge of some of our eco- jobs in this country. That is the funda- der fence in Arizona and California be- nomic policies is the marketplace, the mental point that I think drove voters cause there are funds there that are people who buy our Treasury securi- out to the polls in November. They unobligated. Now, I ask some of my ties. I wonder if they see us as literally want the Congress to focus exclusively colleagues on both sides of the aisle, is unable to make this choice between on fixing this economy and getting that what they intend? Border Patrol stimulus for the middle-income Ameri- people back to work. Yet we came back stations in Texas, Arizona, California, cans through tax cuts but saving $700 here in December and spent 7 days here and Washington. Construction of Coast billion. We can’t make that choice? I in the Senate on a food safety bill—not Guard ships and planes and the Na- wonder what that is going to do to that that is not an important issue. It tional Security Cutter built in Mis- their confidence in our ability to make is an important issue, but is it as im- sissippi. Then there are cyber security tough choices down the road, the con- portant as dealing with this number I investments to secure Federal informa- fidence that keeps them buying Treas- just mentioned—9.8 percent unemploy- tion systems. We have just been briefed ury securities. We should think about ment? on the profound and deleterious impact that. The irony about the food safety bill of the WikiLeaks. We have a lot of I urge passage of the proposals we is that after we spent 7 days on it, we work to do to improve our security sys- have before us that would provide a had a little snafu. It went over to the tems. Are those unobligated funds com- middle-income tax credit while saving House of Representatives and some- ing out of that program? Homelessness money and preserving further deficit body blue-slipped it, which is some- assistance grants that go to help peo- spending under the Republican pro- thing they have the prerogative to do, ple who, in many respects, are home- posal. because it turns out there were revenue less because of a combination of fac- I yield the floor. increases in that bill, and revenue tors: They have lost their jobs; they The PRESIDING OFFICER. The Sen- measures have to originate in the have different problems. So, literally, ator from South Dakota. House of Representatives. So that bill, are we borrowing from Peter to pay Mr. THUNE. Mr. President, I wish to for all intents and purposes, is dead for Paul? Are we telling someone they acknowledge the remarks made earlier the rest of this Congress. can’t get Section 8 housing because we by my colleague from Utah whom I So we spent 7 days here in the Senate paid someone else’s unemployment thought did a nice job of providing a on the food safety bill. Now we are benefits? history lesson for Members of the Sen- talking about doing something on un- So the proposal to pay for this by un- ate about the past several years of tax employment, which is something we obligated expenditures might have policy and why we are where we are should have been talking about. We all some rhetorical appeal, but I ask, what today. I don’t think there is anybody knew that the deadline was coming and are these expenditures? If we are so here in this Chamber or any Senator that it was ahead of us. We have these committed to being clean and trans- from any State who doesn’t acknowl- tax rate increases that occur on Janu- parent about what we are doing here, edge that we have a big problem right ary 1 of this year, which is something then list them out: We are going to cut now with 9.8 percent unemployment. we should have been focused on. It is funds for border fence, Border Patrol We have a lot of things on which we not any secret that, as the Senator stations, the Coast Guard. This is how agree in the Senate. We have a lot of from Utah pointed out, the tax laws we we are paying for it. Otherwise, I things on which we disagree. I think have today have been the tax laws now think, frankly, we should go ahead and the one thing we agree on is that 9.8 for the better part of a decade. So if we pass this as we have always done—as percent unemployment is unaccept- knew they were going to expire on De- emergency spending—because it has a able. I think the thing we disagree on cember 31 of this year, that wasn’t a stimulative effect. For every dollar of is how we get that unemployment rate secret. Many of us here have been advo- unemployment compensation, there is down. How do we create jobs? How do cating for some time for a permanent estimated to be $1.90 of economic activ- we get people in this country back to extension of those tax rates, but that ity. It goes right back to the obvious, work? wasn’t acted on. There weren’t oppor- simple point we all grasp: When that There has been a lot of discussion tunities—or at least the Democratic check comes in, it is not tossed aside. about various issues that might be leadership, since they have been in It is cashed immediately for grocery dealt with here in the Senate before charge here, has had no appetite to store visits—all of those things are the end of the year, most of which deal with doing something about a per- done. It gets the economy moving. don’t deal with this fundamental issue. manent extension of those tax policies. We are at a crisis, at a critical point. The fundamental issue that is impor- We have had tax extenders we have We have 10 years of experience that, de- tant to most Americans—and I have been talking about for the last year, spite all the rhetoric, tax cuts that go heard many of my colleagues get up but nothing has happened. We had tax to the wealthiest Americans probably and talk about people who are hurting. policies that expired on December 31 of don’t contribute directly and imme- They are hurting. last year which haven’t been extended diately to jobs in the United States. We We are going into a holiday season yet. We have a whole bunch more in ad- can save not only working Americans with a lot of people unemployed, and dition to the 2001 and 2003 tax laws that by giving them a little help in their tax with the numbers that came out this expire at the end of this year, all of

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.024 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8463 which impact some sector of our econ- say: I don’t trust these guys; they which will be dealt with—and for how omy and most of which are very impor- haven’t done anything with this yet. long, I am not sure—is, is it paid for? I tant to job creation. Yet for the better They are going to sell off, and that believe it should be; some don’t. In any part of this year, what we talked about could have a very destructive impact case, I think that will be dealt with. were issues that arguably the other on the market and on many people’s That is a symptom; that is not the side wanted to put before the Senate. gains and things that have been ac- cause. The cause for people hurting in We had a stimulus bill which bor- quired this year, stocks and invest- this country is that we have policies in rowed $1 trillion from our children and ments. It is unclear how bad the selloff place that are making it more difficult grandchildren which supposedly was would be, it says. But it could wipe out for small businesses to create jobs. going to keep unemployment under 8 all of this year’s gains. The best solution for the American percent. We all know that obviously That is one reason out of many that people is a job, to get people back to didn’t work. We had a massive expan- we need to act to address this impor- work. Raising taxes has never been a sion of health care, which is going to tant issue before the end of the year. It way of creating jobs. Now, the $250,000 spend, when it is fully implemented, is fair to say, as well, that contrary to threshold I think the other side con- $2.5 trillion. We have had debate about what has been espoused by the other cluded was not good politics. So it has financial services reform. I am not say- side about people getting tax cuts, a been tested and polled, and that is a ing that any of these are unimportant lot of people are going to get tax in- losing issue. It does impact so many issues. All of them involve new spend- creases. This has been tax law for the small businesses. ing, creation of new government, new better part of a decade. A lot of it was So the latest version is to raise that bureaucracies, and at the same time ig- put into effect in 2001 and some in 2003. to $1 million, and that is a vote we are nored what I think is the fundamental So these tax cuts we have in effect going to have sometime tomorrow. issue, which is jobs and the economy. today on capital gains dividends, mar- The fundamental point I am making That is what we have heard repeatedly. ginal income tax rates have been in ef- is, I think the American people under- Now, the reason I think so many peo- fect for many years now. What we are stand that to grow the economy, ex- ple turned out at the polls in November going to experience on January 1 is not pand the economy, and create jobs, we was because they were very concerned a tax cut but a tax increase on a lot of have to incentivize the job creators to about what has been happening in people in our economy. create jobs. We can’t do that by raising Washington, and they wanted to come The argument was made throughout their taxes. We can’t do it by passing out and protest the policies that were the course of the year that we need to new regulations and making it more coming out of Washington, DC, because allow the tax cuts to expire for people difficult and costly for them to do busi- they thought they were counter- above $250,000. Of course, we pointed ness. That is basically what this whole productive in terms of the ultimate out that half of all small business in- past year has been about. My counter- goal of creating jobs and expanding the come would be taxed at a higher rate if parts on the other side have attacked economy and getting people back to we allow those to expire for people Republicans on the floor for the situa- work. Yet we didn’t have a discussion above $250,000, and 25 percent of the tion we are in, saying: Republicans are during the entire lead-up, runup to the workforce would be impacted. I think blocking us from dealing with all these elections about getting these, with the that was a view that was shared by the important issues. exception of efforts on our side to get American public. We did send a letter this week, signed amendments on the floor, about these There was a CNN poll that I have by all 42 Republicans, and the letter expiring tax rates. here that was done in September, was simple. The message was this: Yes, We do have taxes going up on Janu- where 60 percent of Americans said all we think there are a few days left in ary 1 on income, on capital gains, on the tax cuts put in effect many years this legislative session, and we ought dividends, on estates. You can go right ago ought to be extended for every- to use those days to focus on the things down the list. There isn’t anything in body. I think that was a view shared by the American people care about. Not- any sector of our economy that isn’t people when they voted during the withstanding any of the polls we are going to experience higher taxes on election. taking today, the best poll was election January 1. I remember campaigning for people day. What people voted on on election In fact, it was interesting. This was a across this country—Senate candidates day was jobs, the economy, reducing U.S. News and World Report article and House candidates—and this was a spending, and debt. The letter we put from yesterday, a story in there that landslide election, a watershed elec- forward said let’s focus on the tax issue said: tion, by American standards. If we look and get that resolved. It is so impor- Failure by Congress to extend the Bush tax at the number of new Members in the tant to our economy and it provides cuts, especially locking in the 15 percent House, I think Republicans have 83 or certainty for job creators to create capital gains tax rate, will spark a stock 87 new Members, and there are a num- jobs. Let’s focus on funding the govern- market sell off starting December 15 as in- ber of new Senators. In all of those ment and dealing with this issue of vestors move to lock in gains at a lower rate campaigns, and in all of the advertising spending. than the 20 percent it would jump to next I saw, in all of the speeches I heard Those are the two most important year, warn analysts. from candidates in traveling around issues, as I think was expressed at the It goes on to say: the country, I didn’t hear any of them ballot box by people across this coun- ‘‘Capital gains tax rate will increase from say: I want you guys to go back, when try this year. Then, if you want to 15 to 20 percent if the tax cuts are not ex- you get to Washington, and deal with move to other issues, fine. We had 42 tended. The last time the capital gains tax this food safety issue or we want you to Republicans who said that. I think that rate increased—on January 1, 1987, from 20 to is perfectly appropriate and in accord- 28 percent—investors realized their gains at pass the DREAM Act. I didn’t hear the lower tax rate,’’ said Daniel Clifton, a anybody say: We want you to go back ance with what the American people Washington partner at Strategas Research and address this issue of don’t ask, want us to do. Partners. ‘‘We would expect a similar effect don’t tell. I didn’t hear anybody say: As I said earlier, we spent 7 days on this time around as investors see the tax We want you to go back and pass the food safety, which is arguably an im- rate going up and choose to realize gains and START treaty. portant issue. I am not discounting incur the [lower] 15 percent tax. These are all important issues. But, that. That was 7 days spent on a piece In a memo to clients, [this particular firm] remember, that is not what the Amer- of legislation that went to the House, says that the date most clients are focused ican people are concerned about. Cer- was blue-slipped, and is not going to on is December 15 for a deal in Congress be- fore beginning to sell. One reason: Many tainly, these are important, but not become law this year. We lost 7 days stock options expire that day and investors the most important we should concern that we could have been talking about have to act. ourselves with, which is the 9.8 percent getting tax rates down for middle-in- . . . Fixing this issue next year will not ne- unemployment rate and the fact that a come taxpayers and investors. We gate these negative impacts. lot of people are hurting and don’t have could have dealt with the issue of the If they say we are going to put this jobs in this country. I think the issue death tax because on January 1 the ex- off until next year, a lot of folks will of extending unemployment benefits, emption for the death tax comes down

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.025 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8464 CONGRESSIONAL RECORD — SENATE December 3, 2010 to $1 million, and the top rate goes up votes for 2009. They had 250 votes in the on way too long and been way too deep, to 55 percent. House of Representatives. They had the and too many people have suffered. But I have heard repeatedly from farm- White House. Yet here we are 2 years the efforts of this Congress, through ers, ranchers, and small businesses in later and unemployment has actually the American Recovery Act to try to my State the concerns they have about gone up. We have fewer people finding stimulate our economy and keep peo- that. What are they going to be able to jobs in this country and an economy ple working has been successful. There do if they want to pass on their busi- that continues to struggle and Wash- are construction workers, there are ness or their operation to the next gen- ington, DC, that seems more intent on teachers, and there are small eration, and if they have a $1 million dealing with all these issues that are businesspeople in New Hampshire who threshold and anything above that, unrelated to the fundamental issue, are working because of the dollars that would be taxed at 55 percent, that which is creating jobs and getting peo- spent under that Recovery Act. The es- means many of them will be forced to ple back to work. timates are that 3 million people are liquidate their holdings in order to pay Mr. President, I urge my colleagues, working now or have been kept work- the IRS. That doesn’t seem like a very as we head into the end of the year to ing because of the dollars in the Recov- good way to run a government or cre- stay focused on the issues the Amer- ery Act. ate jobs in the economy. ican people care about—jobs, the econ- I just think it is important for us to Again, I simply point that out as the omy, their ability to pay their bills, correct the record a little about why reason I think in these waning days of and to hopefully save a little money for we are where we are today and how this session that Congress should focus their children’s college education. As best we can get this economy moving on this 9.8-percent unemployment rate. we head into the holiday season, they again. The unemployment debate, the debate want to have a good holiday season Like everybody else here, I think tax about unemployment benefits which with their families. But this idea that increases on struggling small busi- will occur here is a symptom of the somehow the way we help the Amer- nesses and on families who are just get- high unemployment rate. But the ican people in this country is by focus- ting by would be devastating to them cause of the high unemployment rate is ing on these unrelated issues, and talk- and to our economy. I understand we the fact that the policies coming out of ing about things that they at this par- have to do something about that. But Washington, DC, are not conducive to ticular point in time are not particu- at the same time, we face another job creation in this country. It doesn’t larly concerned about, strikes me as growing problem, and I don’t think we have anything to do with these Bush missing the point and not having got- can talk about how we are going to tax rates because, frankly, we saw a lot ten the message the voters sent in No- deal with these tax cuts without recog- of economic growth in the early part of vember of this year. nizing that we have to look at a long- this decade. Again, I urge my colleagues in these term plan for how we are going to deal Since 2008, we have been in a reces- last few days to work on keeping taxes with this other growing problem—the sion. Since 2008 we have had a Presi- low on all Americans, extending the problem of our national debt. dent in the White House and a huge tax relief. It is not a tax cut. It will be Our national debt is now approaching Democratic majority in both Houses of a tax increase starting January 1 for $14 trillion. It is approaching that Congress which have attempted to ad- people across this country, including number quickly. In an effort to address dress this issue in the form of a stim- the job creators. We cannot allow that the growing debt, I joined 12 Democrats ulus bill which added trillions of dol- to happen for the best interests of the and 15 Republicans, including my New lars to the debt but didn’t reduce un- American people. Hampshire colleague, Senator JUDD I yield the floor. employment. It created 250,000 new jobs GREGG, in cosponsoring legislation ear- The PRESIDING OFFICER. The Sen- in Washington, DC. The food safety lier in this Congress to establish the ator from New Hampshire is recog- bill, according to estimates, would cre- National Commission on Fiscal Re- nized. ate another 17,000 jobs in Washington, Mrs. SHAHEEN. Mr. President, I am sponsibility and Reform. Now, al- DC. So almost anything that has been here, like so many of my colleagues though that legislation failed, earlier done hasn’t created private sector jobs today, to talk about the situation in this week a similar debt reduction but has created a lot of government which we find ourselves, where millions commission, one appointed by Presi- jobs. of American families and small busi- dent Obama, issued its report. The That is not what people want. They nesses, on January 1, are going to see a findings are very sobering. The report want jobs in the economy. They want tax increase because the Bush tax cuts indicates that we need to take dra- the small businesses on their Main are set to expire. matic action to reduce our debt. We Streets and in towns and communities Before I talk on that issue, I heard need to develop a plan for how we are to be able to invest, be able to hire my colleague from South Dakota going to do that and we need to do that that new employee, or buy that new speaking. I think it is important to sooner rather than later. This is not a piece of equipment, add to the produc- point out the differences of opinion in problem we can keep kicking down the tivity of their operation in a way that some of his remarks because he talked road and expect it is going to solve will expand the economy, grow the about how great things were in the pre- itself. But while we are developing that economy, and create jobs for more vious decade, in the early years of this plan, we need to look at how we can do Americans. I think that was the mes- decade. But he neglected to point out everything possible to get the economy sage of the election. I think that is the why we are in the situation with this moving again. interest of the American people still. It recession: because of the financial We need to confront an economy that is not on all these other things. meltdown, the recession that began in is still recovering from a deep reces- I understand there is a need some- 2007 and 2008 as the result of so many of sion. I appreciate, as all my colleagues times for political parties to check the the policies of the previous Bush ad- do, that now is not the time to raise box to say they have done this or tried ministration. taxes on middle-class Americans. Sen- to do that for a particular constitu- Unfortunately, if those tax cuts that ator BAUCUS has proposed a plan that ency. That is perhaps what drives the everybody is talking about were going makes sense. It keeps taxes low on reason we have to have votes on some to create so many jobs, we have had middle-class Americans, so it essen- of these other issues. But at the end of them for 10 years, and I want to know tially extends middle-class tax cuts, the day, it comes down to one simple where the jobs are. I have a lot of peo- and it also makes some smart, targeted basic fundamental fact: A lot of people ple in New Hampshire who are unem- tax cuts—tax cuts that can help us lay are unemployed, hurting, and the poli- ployed, and they are not benefiting a foundation to create good jobs and cies of Washington, DC, are contrib- from those tax cuts because they grow the economy. uting to that. I think you can’t blame haven’t created the kinds of jobs my For example, I am a strong supporter Republicans in the Congress where for colleague from South Dakota is talk- of the research and development tax the last 2 years the Democrats have ing about. credit. When companies invest in de- had huge majorities. In the Senate, I appreciate the frustration that is veloping new technologies, as the R&D they have 58 votes now, and they had 60 there because this recession has gone tax credit helps them do, they generate

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.026 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8465 high-paying jobs and solutions that What is going on here? Sometimes tached’’ because while wanting work, they change our world for the better. Invest- you have to stop and say: What truly is have not searched for it in the past four ment in R&D plants seeds that will going on here? We have lost touch with weeks (2.5 million); or (iii) ‘‘discouraged’’ grow our economy and create jobs for what is happening in America—to ordi- and out of the labor force because they be- lieve no jobs are available (3.3 million). decades to come. I believe we should nary Americans, to the real middle Our Summary of U.S. Real Unemployment make the tax credit permanent myself, class. What do we have here? We have [attachment 1] makes these three adjust- but I am pleased Senator BAUCUS’s plan Republicans who will not do anything ments. It also identifies average weeks un- extends it for at least 2 years. until we have a tax break for the rich- employed, job openings, and the ‘‘Jobs Gap’’ The Baucus plan also reauthorizes est Americans—continue these tax that needs to be filled in order to be at full Federal unemployment benefits, and breaks. employment in real terms. With the three the extension of unemployment bene- I listened to my friend from South adjustments made, in November: fits is one of the best things we can do The number of real unemployed workers in Dakota recently who was just on the all four categories—BLS ‘‘official’’, part- to help average Americans and stimu- floor talking about creating jobs and time-of-necessity, marginally attached, and late our economy. This money will not all that kind of stuff. Well, we just had discouraged—increased by 59,000 workers to sit quietly in the accounts of million- the new unemployment figures come 29.9 million, compared to BLS’s November aires and billionaires. It will get spent out this morning from the Labor De- figure of 15.1 million. Significant changes immediately at the local grocery store, partment—the Bureau of Labor Statis- this past month in overall real employment at the pharmacy, at the gas station, tics, which says unemployment rose to included: private sector employment increas- and at other small businesses that need 9.8 percent. But that is just the official ing by 50,000 jobs, which included 53,000 more professional and business services jobs; man- that spending the most. In fact, econo- unemployment figure. Actually, if you mist Mark Zandi, who was a former ad- ufacturers shedding 13,000 jobs after shedding do a full accounting of payroll data, if a revised 11,000 in October; total government viser to Senator MCCAIN, has cited un- you take into account the 14.8 million employment declining by 11,000 jobs. The employment insurance as one of the workers who are part time, of neces- continuing loss of manufacturing jobs, for three most effective uses of Federal sity, because they can’t get a full-time the fourth consecutive month, is of par- funding. According to his analysis, job or they are discouraged and have ticular concern. every dollar we invest today will create left the workforce because they have The real unemployment rate is now 18.7 $1.61 cents in economic growth. That is percent, the same as October’s real unem- been looking and they are out of work ployment rate, compared BLS’s dramatically a good investment in today’s economy. and they have gone past their 99 weeks I think it would be great if we could lower ‘‘official’’ rate for November of 9.8%. of unemployment compensation, ac- The number of real unemployed workers give everybody a tax cut and not worry cording to Leo Hindery, who is the has increased by 13.2 million since the start about the consequences. I would love to chairman of the Smart Globalization of the recession, and since December 2008 it do that, but we don’t have that luxury. Initiative at the New America Founda- has increased by 5.3 million. By contrast, the Tax cuts for the wealthiest 2 percent in tion, the real unemployment rate is economy needs to add around 150,000 new pri- this country will cost America $700 bil- vate sector jobs each month simply to keep now 18.7 percent—18.7 percent—and the lion over the next decade. Let me be up with population growth—in November, job gap is not just 7.3 million, it is ac- clear: I don’t think we should heap an- the increase was only 50,000. tually 21.9 million in real terms—21.9 other $700 billion onto our national The Jobs Gap is 21.9 million in real terms. million people in this country—who are (I must note again that some in the na- debt. That would be irresponsible. It either unemployed, underemployed, tional press, notably the New York Times, isn’t fair to our children and it isn’t when commenting on real unemployment, wise for the economy. left the workplace because they are discouraged, their unemployment bene- still leave out ‘‘discouraged workers’’ despite I think we need to move forward and the fact that this is a huge category and ar- provide certainty for taxpayers—every- fits have run out or they basically have guably the most effectively unemployed of body agrees with that—and to do that shifted around and they are not any the four categories. The all-in real unem- we will have to compromise. It takes longer in the workforce. You take all ployment rate of 18.7 percent drops to 17.0 working together, Democrats and Re- that into account and you have 21.9 percent if discouraged workers are not in- publicans. So I am also willing to vote million people out there out of work. cluded.) Mr. President, I ask unanimous con- The average number of weeks unemployed for Senator SCHUMER’s plan to extend is now at least 33.8 and the number of work- tax cuts for everyone except those who sent to have printed in the RECORD the study from the Smart Globalization ers unemployed a half year or longer is at make over $1 million a year. I think least 9.6 million (i.e., BLS’s figure of 6.3 mm this is important to ensure that we in- Initiative project. plus the 3.3 mm discouraged workers). When clude small businesses that might get There being no objection, the mate- considered together, these two figures—aver- hit at some level. rial was ordered to be printed in the age number of weeks unemployed and num- I hope my colleagues on both sides of RECORD, as follows: ber of workers unemployed a half year or the aisle will come together; that we Friends, In a very disappointing announce- longer—are a much better measure of the can negotiate a package that is respon- ment, the Bureau of Labor Statistics (BLS), real employment condition than the more using its Current Population Survey of non- commonly used ‘‘initial jobless claims’’ sible with taxpayer dollars, that stimu- number. Each figure is now unprecedented in lates our economy, and that protects farm jobs [attachment 2], announced this morning that in November 2010 ‘‘U.S. em- modern times. middle-class Americans. That is what I ployers increased (non-farm) payrolls by Kindest regards, am hoping to do, and I look forward to only 39,000 jobs, with 50,000 private sector LEO HINDERY, working with my colleagues on both jobs added in the month, versus a revised Chairman, US Econ- sides of the aisle as we try and develop 172,000 overall payroll increase in October. omy/Smart a compromise that can allow us to The ‘‘official’’ unemployment rate rose from Globalization Initia- move forward. 9.6 percent to 9.8 percent.’’ tive at the New I yield the floor. The BLS also noted that there are now 15.1 America Founda- The PRESIDING OFFICER. The Sen- million unemployed workers and that since tion. ator from Iowa. the Great Recession began (in December Mr. HARKIN. So we have a high un- Mr. HARKIN. Mr. President, earlier 2007) employment has decreased by 7.3 mil- employment rate, we keep losing jobs, lion. and Republicans keep saying we have today, I was listening to the Senator The monthly BLS announcement regarding from Illinois, Mr. DURBIN, and he unemployment, however, as we note each to extend the tax breaks for the talked about coming over to the Sen- month: wealthy. I hear that in terms of jobs— ate floor from a meeting over in the 1. Uses only a survey of households rather jobs, jobs, jobs. Well, that is inter- Dirksen Building, which he said is than much more accurate payroll data; esting, because in 2007, the top 1 per- about a block away, but he said it was 2. Excludes changes in employment among cent of all income earners in America the Nation’s 11.0 million farm and self-em- like going from the real world to a took home 231⁄2 percent of all the in- ployed workers; and, most important, come in America. So let us get that surreal world here in the Senate. As I 3. Does not take into account the 14.8 mil- have listened to some of these Senators lion workers who are either: (i) ‘‘part-time- straight. The top 1 percent took home on the Republican side speak since of-necessity’’ because their hours have been 231⁄2 percent of all the income. In fact, then, I think Senator DURBIN is right cut back or they are unable to find a full- they took home more money than the on the mark. time job (9.0 million); (ii) ‘‘marginally at- bottom 50 percent of income earners

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.028 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8466 CONGRESSIONAL RECORD — SENATE December 3, 2010 total in America. Eighty percent of all have to listen to the American people. omy will create fewer jobs, the government the increase in income earned from 1980 Well, here is a poll that came out this will spend more money, and the American to 2005 has gone to the top 1 percent. In morning. Senator SCHUMER showed this people will be worse off. the wake of the 2008 Wall Street bail- earlier. This is a CBS News poll out That is what he said in 1993. out, executives from Goldman Sachs today which shows that only 26 percent Do you want me to go on? My friend received bonuses totaling $13 billion— of Americans support millionaire tax from Iowa, Senator GRASSLEY, said: $13 billion for Goldman Sachs. breaks. Guess what. N ot even a major- I really do not think it takes a rocket sci- So Republicans keep talking about ity of Republicans support it. Only 46 entist to know that this bill will cost jobs. we have to do more tax breaks for the percent of Republicans support the mil- August 6, 1993. wealthy. Well, after 10 years of tax cuts lionaire tax breaks. So who are my Here they were all predicting this. I for the wealthy, where are the jobs? We friends on the other side of the aisle had a couple more I wanted to get in have had this for 10 years—what they listening to? Wall Street. They are lis- the RECORD here just to put an empha- are trying to extend, the Bush tax cuts, tening to those who have made a lot of sis on it. Representative Newt Gingrich—oh, which I never voted for in 2001. So we money and they do not want to pay yes—Republican of Georgia. On August have had them for almost 10 years. If their fair share of taxes. They are cer- 5, 1993, he said: cutting taxes were so good for creating tainly not listening to, I guess, the ma- jobs, I ask my colleagues: Where are I believe this will lead to a recession next jority of Republicans who say they year. This is the Democrat machine’s reces- the jobs? Where are they? don’t even want the tax breaks for the It is that same old trickle-down the- sion, and each of them will be held person- wealthy. ory. If only we would give more to the ally responsible. My friend from South Dakota was top, it will trickle down on everybody I like this one. Representative John talking about the election. We had a else. Well, as one worker told me the Kasich from Ohio said: big election. Republicans got elected to other day—talking about trickle This plan will not work. If it was to work, office in larger numbers. That is abso- down—who has been out of a job for 2 then I’d have to become a Democrat. years: I haven’t had a drop. He said: I lutely true. We can’t deny that. But If I am not mistaken, former Rep- would settle for a heavy dew. One per- what ever happened to the election of resentative John Kasich was just elect- son told me one time—and I will never 2008? It is as if it never happened. Yet ed Governor of Ohio. I didn’t know he forget this about trickle down—he said: 40 million more Americans voted in ran on the Democratic ticket. If you have been raised on the farm, 2008 than voted in 2010. Do you know History—read the history of it. You you understand something very simple. for whom they voted? They voted for cannot deny it. As we often say around You don’t fertilize a crop from the top Barack Obama. They voted for Demo- here, everyone is entitled to their own down. You don’t fertilize a tree from crats. They voted for change. They did beliefs, but not everyone is entitled to the top down. You fertilize it by put- not vote for more tax breaks for the their own facts, and the facts are very ting it at the roots. You want to create wealthy. They wanted to change the clear. After we passed the Clinton jobs in America, you don’t give it to system. That is what we have been try- bill—with not one Republican vote— the wealthiest in America, you start ing to do for the last couple of years, the economy started to get better, we putting things down at the bottom. except that we have had intransigence started to create jobs, we started to re- If we want to get to the jobs issue in on the part of Republicans in the Sen- duce the deficit. In just 7 years—actu- America, we have to start talking ate in the form of one filibuster after ally 6 years, a little over 6 years—we about what our trade laws are doing another. So 40 million more people actually got a surplus in our budget—a and how we are shipping more jobs voted in the election of 2008 than voted surplus and a huge number of jobs were overseas. Let’s talk about our edu- in 2010. Again, what we need to do is created with the higher taxes. The last cational system and educating people change things. We don’t need to change time we had a surplus was then. We into job retraining or rebuilding the things to do more of the same, which is were on the path of reducing our debt, manufacturing base in America so we what the Republicans want to do. our national debt. We had more jobs. can actually manufacture and make I hear my friend—again, I cannot People were working. things here one more time—and I mean help but refer to this. He said that the Then George Bush came to office in new things, not the old things but new tax increases never created jobs. That 2001, and the Republicans looked at all things: rebuilding our infrastructure, is kind of the way I heard it said. I this money that was coming in which our high-speed networks of commu- wrote it down here—can’t create jobs we were going to use to pay down the nications, and make sure we have an by raising taxes; never happens. national debt so our kids would not infrastructure that is second to none in Frankly, I remember 1993. I was here have a big debt hanging over their the world. There are a lot of things we then, and we had the Clinton bill here heads—they looked at all that and can do to spur economic growth and from President Clinton. It was some- said: Oh my gosh, let’s have a tax cut. jobs, but the worst possible one of all is times called the Clinton recovery bill. And they rammed through a tax cut— giving tax breaks to the wealthy. We had all worked on it here. Did it in- they sure did—in 2001. They rammed I haven’t even touched on the moral crease taxes? Yes, it did. It increased through a huge tax cut that to a large implications of that or the justice or taxes. Boy, did the Republicans howl. I extent benefitted the wealthiest people fairness issue, and I will, but just on was here. I remember. And all the in this country. By 2007, the top 1 per- pure economic grounds we know tax economists on the other side were say- cent took home 23.5 percent of all the breaks for the wealthy don’t do it. ing: Oh my gosh, if we pass this, it is income and were not paying their fair They never have and they never will. going to be terrible. share. But that is what they want to Yet Republicans keep wanting to do I went back and got some of the extend. That is what the Republicans the same thing over and over and over quotes. My friend from Utah, Senator want to do. They want to continue the again. Someone attributed this to Al- HATCH, said: Bush tax cut they put in 2001 for the bert Einstein—I don’t know if it is Make no mistake, these higher taxes will wealthy. true—but whoever it was said: The def- cost jobs. So they took all that money that was inition of ‘‘insanity ‘‘ is doing the same Senator Burns from Montana said: coming in that we were going to use to pay down the debt so our kids would thing over and over and over again and So we are still going to pile up more debt. expecting a different result. Repub- Most of all, we are going to cost jobs in this have a better future, they gave it all to licans keep wanting to give more tax country. the wealthy—not all but a fair amount of it—about 80 percent to the wealthi- breaks to the wealthy and expecting Senator Phil Gramm. This is August est in our country and a few crumbs that somehow, magically, we will have 5, 1993: jobs created. Well, we gave all this and stuff to others. What did it do? It I want to predict tonight that if we adopt raised the deficit and put us in deeper money to Wall Street and to Goldman this bill, the American economy is going to Sachs and I don’t see any jobs out get weaker and not stronger. The deficit 4 debt than ever before—all so the there anywhere. years from today will be higher than it is wealthy could have a little bit more My friend from South Dakota was today, and not lower. When all is said and money. This is what they want to con- talking about the election; that we done, people will pay more taxes, the econ- tinue.

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.029 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8467 As I said, I think the evidence is truly oriented towards businesses em- Republicans have objected every time. clear that what they did in 2001 did not ploying people in America, as long as And the letter that was sent out by the give us jobs, it hurt the economy, and their products are made in America, as Republican leader the other day said widened the gap in America between long as they are manufactured here that they are going to object to any- the top and the bottom even more. It and they do not take the money and thing passing this floor until they get widened the gap even more in our coun- ship it off to some other country. If a their tax breaks for the wealthy. So try. Now they want to continue that business wants to start here and em- they are holding hostage millions of same policy, and they say it is going to ploy people here in America, manufac- Americans who have lost their jobs. create jobs. It did not create jobs. We ture something here—rebuild the steel Some have been out of work, as I said— have lost jobs because of this. industry in our country, rebuild manu- I met some who have been out of work I spoke here last evening, and after I facturing—I am all for it. I just do not for over 2 years; some for a year or spoke, the Senator from Texas spoke, believe in giving tax breaks to someone months. For $300 a week—that is about and she was talking about who creates who takes that money and say: Guess the average in unemployment benefits, jobs in this country. It is the wealthy; what, I am going to invest it in a busi- about $300 a week. They say we cannot they get this money and they create ness in Thailand or in Germany or in afford that. My Republican friends say jobs. Entrepreneurs do create jobs. Brazil. That is what they do. You give we cannot afford that. But we can af- Most of the jobs and businesses created all that money to these wealthy people ford to give a $100,000 tax break to the in this country were not created sim- up on Wall Street and stuff, they can wealthiest Americans. Think about ply by the wealthy; they were created invest that money wherever they want, that. by ingenious people who had a good and out it goes, out of the country. During this holiday season—I heard idea, were willing to work hard, gather Since we have such high deficits and my friend from South Dakota say that some money together, get investors, we want to get our deficits down, we we should wrap up our business so Sen- and build a business. Most of the new want to create jobs, don’t give it to the ators can go home and spend our holi- jobs in America are not created by the most wealthy in our country; give it to days with our families, have a nice hol- DuPonts or the Rockefellers or the legitimate businesses that either start iday season. What about those millions people like that; they are created by or expand and employ Americans and of Americans who are out of work and Steve Jobs and Bill Gates and the peo- start making things here in America or have just had their unemployment ben- ple like that who did not start with a put it into infrastructure spending, re- efits cut off? What about them? Are lot of money, but they had a good idea building the infrastructure of Amer- they going to have a nice Christmas? and they were entrepreneurial and ica—our highways, bridges, roads, Are they going to have a nice holiday went to work and started these busi- schools, communication systems. That season? The Republicans say no. Give nesses. will create jobs. That will create jobs. the tax breaks to the wealthy first. So create more jobs, get more money They say government spending can- Well, as I said, Wall Street executives to the wealthy? Here is the headline in not create jobs. I happen to disagree got billions of dollars in bonuses—bil- USA Today recently. It said ‘‘Luxury with those who said the stimulus bill lions. They are probably going to have spending is back in fashion.’’ Then un- did not create jobs. It sure did. It put a a nice holiday season. They will prob- derneath, in small print, it says, ‘‘Job- lot of people to work all over this coun- ably even shop at Tiffany’s, Saks Fifth less still aren’t buying essentials.’’ So I try, not in government jobs but in re- Avenue, Neiman Marcus. But how guess what we need to do is give more building America. When you put money about the millions of Americans who tax breaks to the wealthiest so they out there and you are rebuilding a are out of work who rely upon unem- can go out—I just read about someone highway or a bridge in Iowa or in Min- ployment benefits, $300 a week, less the other day going out and buying nesota, it is done by private contrac- than the poverty wage, and we are say- $2,600 cashmere scarves—$2,600 for a tors, private businesses that employ ing: No. No, we are not going to extend scarf. I suppose so. people and spend the money here, them during this holiday season. I was just with a group of unem- mostly on products made in America. The Republicans are holding them ployed Americans the other day who That is why infrastructure spending hostage. I am sorry. This is uncon- came to Washington. Some have been has such a good multiplier effect. It scionable. Have the Republicans lost out of work for over 2 years, all of has a multiplier effect because when all sense of fairness? Have they lost all them hoping we can extend the unem- you build a new school or a new class- sense of justice? Have the Republicans ployment benefits—which the Repub- room or whatever, first of all, the work lost all sense of what is right and licans will not let us do, by the way, has to be done here, it cannot be wrong? I mean, they can fight for their and I am going to get to that in a sec- shipped off to China. Second, the tax breaks for the wealthy. Fine, that ond. But I held this up. I thought, money is spent here. Third, most of the is what they are fighting for. I under- ‘‘Luxury spending back in fashion.’’ I products that go into our infrastruc- stand that. asked those people who are unem- ture are still made in America. When But to say we cannot extend unem- ployed if they were going to be shop- you think about it, when you build a ployment benefits for people out of ping in Tiffany’s this year. Maybe you school, rebuild a school, you think work because we have not yet given are going to go down and buy a little about the cement, you think about the the tax breaks to the wealthy is a mo- jewel-encrusted broach for your wife or bricks, you think about the mortar, rale outrage. I ask: Where is our out- maybe, if you are a woman, you will you think about all the conduits for rage at something like this? Where is buy one of those diamond-encrusted the lighting, heating, ventilation, air- the President’s outrage at this? The watches for your husband. Oh, I know, conditioning units, windows, doors, and President ought to be out there saying: you are going to go buy a Lamborghini 9 times out of 10, it is made in Amer- This is morally outrageous, that we are made in Italy or a Mercedes made in ica. So you get a big multiplier effect going to deny unemployment benefits Germany. I said to these people: Maybe from that money, and it does indeed to people during this time of the year you would like to go down and buy one create a lot of jobs. especially. of those 3D, high-definition flat screen I mentioned just a second go that I We can have our battles on the tax TVs made in Japan. That is where the was with a group of unemployed who cuts. We can have those battles, but we money is going. The rich are not cre- had come to Washington to petition should not hold hostage the people who ating jobs; they are buying $2,600 cash- their government for a redress of their are out of work today and need unem- mere scarves, and they are going to grievances, and their grievances are ployment benefits. Some people say: Tiffany’s and buying jewels and buying that they are out of work, they are Well, unemployment benefits, it makes wrist watches that cost $25,000, most of looking for work, and their unemploy- people lazy. which are not made in America, any- ment benefits have just run out. Well, as I pointed out the other day way, but are made in some other coun- We have tried several times here on in a speech on the floor, when eight try. the floor of the Senate asking unani- people look for one job. There is one If you really want to give tax breaks mous consent to extend the unemploy- job for every eight people. So you have to businesses, I am all for it if it is ment benefits for another year. The musical chairs going round and round.

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A lot of the much they want to deny people their the jobs here, manufacture things in people I talked to 2 days ago who were benefits. America, and do not ship them over- here who were employed, you hear If 2 million Americans and 10,000 of seas. their stories. They have tried every- my fellow Iowans are going to be suf- You do that, I am all for a small thing. Some have gone to different fering because they will not even be business tax break. You bet. So that is States. They have gone to different able to put food on the table or have a the debate we should have. But the un- communities. They have tried every- nice holiday season with their families employed and those who need unem- thing to find another job. because they are unemployed, the least ployment benefits during this holiday I just read a letter from one the we can do is identify with them. They season should not be held hostage. other day, a math teacher, has three are not going to have a very good holi- I yield the floor and I suggest the ab- college degrees. She has lost her job. day season unless we do something and sence of a quorum. She has tried to find work in different take action. So I think we should stay The PRESIDING OFFICER. The States. She has tried everything from as long as is necessary. clerk will call the roll. McDonald’s to everything else and can- Lastly, for too long and for too many The legislative clerk proceeded to not find a job. times, the Republicans have used an call the roll. Mr. ALEXANDER. I ask unanimous By the way, the people who are truly archaic 19th century procedure called consent that the order for the quorum hurting the most in this job market the filibuster to thwart the will of the right now are people over the age of 50, call be rescinded. majority of the people in this country, The PRESIDING OFFICER. Without mostly women. Women over the age of to stop legislation, to stop a whole objection, it is so ordered. 50 who have worked hard, many of bunch of things, nominations, things Mr. ALEXANDER. Mr. President, it them had good jobs. Again, I spoke to they even, when we finally get them is good to see the distinguished Pre- one on Tuesday who had worked all her through, get 99 votes out of 100. siding Officer. He must have been here life, had a very good job. She admitted But they stop them because of a fili- all day. He was here yesterday, and I she was making $70,000 a year, good buster. Well, that may have been OK in am glad to see him again. middle-class income. the 19th century. It may have been OK Are there limits on my speaking time She lost her job and has been out of in the early part of the 20th century. at the moment? work for over a year. She cannot find But we can no longer live with that. The PRESIDING OFFICER. We have work. She has tried and beat the pave- We cannot run a 21st century govern- a 10-minute grant at this time. ment and looked all over. But, you ment in a 21st world with an archaic Mr. ALEXANDER. Will the Chair know what, she is in that area between millstone around our neck called a fili- please let me know when I have con- 50 and 60. Very tough. Very tough. Yet buster. sumed 9 minutes. we will not even extend unemployment When this body reconvenes in Janu- The PRESIDING OFFICER. The benefits for people like her. ary, we finally have to break the Chair will so notify. Well, as I said, I think it is a moral shackles of that. We have to break the f outrage, and I would hope our Presi- shackles of that 19th century rule, pro- dent would get out there and start say- ceeding, where one or two Senators can THE NEW PROMISE OF AMERICAN ing that. Let the American people stop everything. Stop it. I quote Vice LIFE know how the jobless are being held President BIDEN who said: No democ- Mr. ALEXANDER. Mr. President, I hostage by the Republicans in trying racy has ever survived that needed a just returned from the Hudson Insti- to get their tax breaks for the wealthy. supermajority. No democracy. tute, a distinguished think tank down- So it is been said the Republicans are Ours cannot survive either if we con- town where I made an address called playing hardball. Well, if they are play- tinue with a supermajority needed in the New Promise of American Life— ing hardball for the rich, we ought to the Senate. Less From Washington and More of play hardball for the jobless, too, in I hope we stay here. I hope we in- Ourselves. It included a panel of the this country. They want to play crease the unemployment benefits. We following people: Kate O’Beirne of the hardball, we ought to play hardball. will continue the debate on the taxes. I National Review; Christopher DeMuth, My friend from South Dakota says he will be supporting, tomorrow morning, who was formerly the head of the would like to get out of here and spend the vote on continuing the tax benefits American Enterprise Institute; Chester Christmas with his family. Would not for those families making $250,000 and Finn, who runs the Fordham Founda- we all? less, to extend the tax breaks for that tion; Bill Kristol, the founder of the But, I think, rather than identifying group. I will not go higher than Weekly Standard; and William with those on Wall Street and those $250,0000. I will not vote to extend tax Schambra, who is a fellow at the Hud- who wear suits and ties every day and breaks for anybody over $250,000. son Institute. They commented on have a comfortable life such as we do, Quite frankly, if you make $250,000, what I had to say. It was one of my we ought to be identifying with those you are in the top 7 percent or so of in- most enjoyable experiences because it middle-class Americans who are out of come earners in America. So is that was a reprise of something we did in work. the middle class? I think that is 1995. If the Republicans want to play stretching it. Those making $40,000, In 1995, I was a fellow at the institute hardball, I think what we ought to say $50,000, $60,000, $70,000 to $80,000 a year and I was also touring the country try- is: Look, we are going to stay here are clearly in the middle class. That is ing to persuade Americans that I was every day, we are going to be here the broad middle class of America. the next logical choice for President of every day, and every day we are going What are we doing for them? What are the United States. That didn’t work to ask consent to bring up this bill to we doing for them? out exactly right. In fact, when I lost, extend unemployment benefits. If we So I will vote to go up to $250,000 but my brother-in-law, who is a preacher, have to be here on Christmas Eve, so be not a cent more than that. Quite frank- said I should think of that political it. If we have to be here on Christmas ly, I have a hard time even going to loss as a reverse calling. I have always Day, we ought to be here on Christmas $250,000. It ought to be less than that. If tried to think of it that way. Neverthe- Day, if necessary, so the American peo- you want to give more tax breaks to less, during that time, Chester Finn ple will get an idea of what is going on people, extend the earned-income tax and I edited a book called ‘‘The New in this Senate Chamber, the out- credit and increase the childcare tax Promise of American Life.’’ We se- rageousness of it. credit for working families. lected that title because Herbert Croly,

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.031 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8469 in 1909, had written a book called ‘‘The to at Valley Forge, or David McCullough’s Bill Kristol and William Schambra—as well Promise of American Life’’ which real- 1776, or attending citizenship day at any fed- as from Chris DeMuth and Kate O’Beirne. ly was the progressive manifesto that eral courthouse when new citizens from all Our hope is the same today as it was fifteen launched the thinking of President over the world become Americans. years ago: to provide an intellectual context The vitality of that dream is why Herbert for the latest anti-Washington surge—with Wilson and more recently President Croly’s book, ‘‘The Promise of American the additional hope that, this time, more Obama. Life,’’ written in 1909, still is powerful today. elected officials listen to and act on our ad- Our thought then, in 1995 and 1996— The first chapter of Croly’s progressive vice. Mr. Kristol, Mr. Schambra, and Mr. manifesto could be read with enthusiasm at To begin the discussion, let me renew a Finn were all contributors to our vol- any Tea Party. But it is the rest of the book suggestion that I have made before: the new ume—was that progressivism had gone that we propose to discuss and dispute in Congress should proceed step-by-step in the too far and that we needed less of this forum, for in his remaining chapters right direction to solve problems in a way Croly argues that for individuals to realize that re-earns the trust of the American peo- Washington and more of ourselves. the promise of American Life the central ple rather than invent comprehensive, con- That is what we said in 1995. Looking government in Washington must play a servative big-government schemes in an at- back over that volume, that was pretty much larger role. His book launched the pro- tempt to correct comprehensive, liberal big- good advice, but obviously nobody took gressive movement, featuring first President government schemes. it. So today the Hudson Institute spon- Wilson and most recently President Obama. To make this point, I thought of hanging sored another forum about the new His is a strategy of made-in-Washington poli- up in the Republican cloakroom photographs promise of American life. I talked cies, grand schemes to solve big national of Nancy Pelosi and Henry Waxman because they symbolize what the federal government about it, and the people I just men- problems based upon the assumption that these are things that individual Americans has done wrong during the last two years: tioned commented. can’t do for ourselves. not just to head in the wrong direction, but It was interesting for me in a variety In 1995, at the Hudson Institute’s request, to try to go there all at once. This has been of ways. I ask unanimous consent to Checker Finn and I edited a book, which we government by taking big bites of several big have printed in the RECORD the address called ‘‘The New Promise of American Life.’’ apples and trying to swallow them at the I made at the institute today as well as Checker and I then both were fellows at Hud- same time, which has had the effect of enrag- excerpts from ‘‘The New Promise of son and I was touring the country hoping to ing Republicans and terrifying the inde- American Life’’ published in 1995, persuade Americans that I was the logical pendent voters of America. choice for President of the United States. During the recent health care debate, I namely, the introduction, the preface, (The public didn’t agree with my logic, heard a number of times from friends on the and the first chapter. prompting my preacher brother-in-law to other side of the aisle this question: What There being no objection, the mate- suggest that I should think of that political are Republicans for? My answer was that rial was ordered to be printed the in loss as a ‘‘reverse calling.’’) Democrats would wait a long time if they RECORD, as follows: Our book was an attempt to provide intel- were waiting for the Republican leader, Sen. lectual context for the anti-Washington fer- LESS FROM WASHINGTON AND MORE OF OUR- McConnell, to roll into the Senate a wheel- vor of the moment, a fervor that surges SELVES: THE NEW PROMISE OF AMERICAN barrow filled with a 2,700-page Republican throughout American history. We chose the LIFE comprehensive health care bill, or, for that title ‘‘The New Promise of American Life’’ matter, a Republican version of a 1,200-page (By Senator Lamar Alexander, Hudson because we believed that progressivism had climate change bill or an 800-page immigra- Institute, Dec. 3, 2010) been carried too far and that what our coun- tion bill. A wise political candidate, like a good try now needed was a reverse mirror image Congressional action on comprehensive cli- composer, listens for words and music that of Croly’s vision—‘‘Less from Washington mate change, comprehensive immigration resonate with audiences—and then repeats and more of ourselves.’’ Our idea of America bills, and comprehensive health care have those phrases and melodies over and over was one created by states, operating commu- been well-intended but the first two fell of again. nity by community, depending upon civic their own weight and the health care law has For the phrases that resonated during the virtue, valuing individual liberty—a nation been subject to multiple efforts to repeal it 2010 election, we might listen to the senators simply too large and too diverse to be man- since the day it passed the Senate a year ago who were successful. aged successfully by an all-knowing central on Christmas Eve in a driving snowstorm. In a year when television screens displayed government in Washington, D.C. What has united almost all Republicans anger, these politicians often talked about Speaking of phrases that resonate, my best and a majority of Americans against these hope. political one liner at the time was ‘‘Cut bills has not only been ideology but also that There were Rand Paul and Pat Toomey Their Pay and Send Them Home’’ (referring they were comprehensive. As George Will evangelizing about spreading free market to Congress), which made few friends in the might write, ‘‘The. Congress. Does. Not. Do. prosperity instead of dwelling on govern- world’s greatest deliberative body in which I Comprehensive. Well.’’ ment austerity. now serve. Two recent articles help to explain the Rob Portman and Kelly Ayotte and Roy Reading what we published 15 years ago, I trouble with the Democratic comprehensive Blunt and Ron Johnson using their experi- have been impressed with the prescience of approach. The first, which appeared in Na- ence to describe ways to make it easier and the essays from contributors such as William tional Affairs, was written by one of our pan- cheaper to create new private sector jobs, Kristol, Paul Weyrich, Howard Baker, David elists today, William Schambra, who ex- rather than just wringing their hands about Abshire, Francis Fukayama, William plained the ‘‘sheer ambition’’ of President ten percent unemployment. Schambra and Diane Ravitch. Their advice Obama’s legislative agenda as the approach And Marco Rubio affirming with his life’s resonates as well today as it did then. Read- of what Mr. Schambra called a ‘‘policy presi- story America’s exceptionalism, instead of ing their advice also reminds me of how lit- dent.’’ Mr. Schambra wrote that the Presi- lamenting America’s decline. tle of this advice anyone took. Republicans dent and most of his advisers have been To be sure, the issues that fired up voters who were elected in 1994 on the cry of ‘‘No trained at elite universities to govern by this year were about too much spending, too more unfunded federal mandates’’ soon were launching ‘‘a host of enormous initiatives all many taxes, too much debt and too many promulgating conservative big-government at once—formulating comprehensive policies Washington takeovers. rules to replace liberal big-government rules. aimed at giving large social systems—and in- But the senators who voters elected to fix Since 1995, the size of the federal budget has deed society itself—more rational and coher- these problems are mostly American dream- grown 140 percent, the federal debt has ent forms and functions.’’ ers who believe that in this country any- grown from $5 to $14 trillion. Or, in the terms of today’s forum, this is thing still is possible for anyone who will Within the last two years, the progressive the latest outburst of Crolyism or progres- work for it. solution symphony has been playing in sivism. Mr. Schambra notes that other most Europeans and others find this to be an ir- Washington again, reaching a new crescendo prominent organizational feature of this rational view held by citizens in no other with budgets that double the debt in five Obama administration is its reliance on country in the world. Yet most of American years and triple it in ten, with government Czars to manage broad areas of policy. In politics is about setting high goals and deal- bailouts, and, as one blogger has suggested, this view, systemic problems of health care, ing with the disappointment of not meeting the appointment of more new Czars and Cza- of energy, of education, and of the environ- them and then trying again—all men are cre- rinas than the Romanovs ever had. ment can’t be solved in pieces. ated equal, pay any price to defend freedom, Seeing the inevitable anti-Washington Analyzing Mr. Schambra’s article, David no child left behind. surge rising again to counter the excesses of Broder of the Washington Post wrote this: This is not an enforced Americanism where progressivism, I suggested to Checker about ‘‘Historically, that approach has not worked. the government in Washington tells you six weeks ago that we ask Hudson to revisit The progressives failed to gain more than a what to believe. It is a spontaneous patriot- our 1995 book. This forum is the result of brief ascendancy and the Carter and Clinton ism of the kind you get reading Lincoln’s that suggestion. After this luncheon address presidencies were marked by striking policy second inaugural address, or the oath of alle- we will hear from a panel that includes three failures.’’ The reason for these failures, as giance that George Washington’s men swore contributors from the 1995 volume—Checker, Broder paraphrased Schambra, is that ‘‘this

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.050 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8470 CONGRESSIONAL RECORD — SENATE December 3, 2010 highly rational comprehensive approach fits This step-by-step Republican clean energy tion, most of its provisions do not take effect uncomfortably with the Constitution, which plan was an alternative to the Kerry-Boxer until 2014. apportions power among so many different national energy tax that would have imposed The same step-by-step approach can be ap- players.’’ Broder then adds this: ‘‘Democracy an economy wide cap-and-trade scheme, plied to the second goal: making annual and representative government are a lot driving jobs overseas looking for cheap en- spending come as close to revenues as soon messier than the progressives and their ergy and collecting hundreds of billions of as possible. Trying to eliminate the annual heirs, including Obama, want to admit.’’ dollars each year for a slush fund with which deficit in the first year would turn the na- In a memorial essay honoring Irving Congress could play. tion upside down. It is at points like this Kristol—Bill Kristol’s father—in the Wall Here is still another example, a bipartisan that the photographs of Pelosi and Waxman Street Journal last year, James Q. Wilson one. In 2005 a bipartisan group of us in Con- in the cloakroom become useful. wrote that the law of unintended con- gress asked the National Academies to iden- But for a nation that is borrowing 42 cents sequences is what causes the failure of such tify the first 10 steps Congress should take to of every dollar to wait one day longer to comprehensive legislative schemes. Explains preserve America’s competitive advantage in begin to address its debt is suicidal. There Wilson: ‘‘Launch a big project and you will the world so we could keep growing jobs. The are steps that can and should be taken im- almost surely discover that you have created Academies appointed a distinguished panel mediately, while larger steps are being fash- many things that you did not intend to cre- that recommended twenty such steps. Con- ioned: ate.’’ The latest example of the truth of Mr. gress enacted two-thirds of them. The Amer- For example, step one could be no new en- Wilson’s observation can be seen by anyone ica COMPETES Act of 2007, as we call it, was titlement automatic spending programs. In watching the new health care law increase important legislation, but it was fashioned other words, don’t dig the hole any deeper as premiums, add to the federal debt, cause mil- step-by-step. would the President’s budget proposal to lions of individual policy holders to lose This style of governing squares with my shift a half trillion dollars in Pell grants their policies, cause businesses to postpone experience as governor of Tennessee during over ten years to mandatory spending. adding new jobs, and inflict huge unfunded the 1980s. My goal was to raise family in- No more unfunded federal mandates on Medicaid mandates on states—all con- comes for what was then the third-poorest state and local governments. The Demo- sequences the sponsors of the law strenu- state. As I went along, I found that the best cratic governor of Tennessee, which has a ously argued were never intended (although, way to move toward this goal was step-by- $1.5 billion revenue shortfall this year, esti- I have to say, they were all predicted by Re- step—some steps larger, step steps smaller— mates that the new health care law will im- publicans). such as changing banking laws, defending pose $1.1 billion in unfunded Medicaid man- Wilson also wrote that neoconservatism, as the right-to-work, keeping debt and taxes dates on our state between 2014 and 2019. Irving Kristol originally conceived of it in low, recruiting Japanese industry and then Caps on discretionary spending. While this the 1960s, was not an organized ideology or recruiting the auto industry, but also build- is only one-third of the budget, even non-de- even necessarily conservative but ‘‘a way of ing four lane highways so that suppliers fense discretionary spending increased by an thinking about politics rather than a set of could deliver parts to the auto plants just-in- average of 6.2% each year under President principles and rules. It would have been bet- time, and then a 10-step Better Schools pro- Bush and by an average of 15% over the last ter if we had been called policy skeptics.’’ gram—step one of which made Tennessee the two years under President Obama. These dol- This skepticism of Schambra, Wilson and first state to pay teachers more for teaching lars add up. Kristol toward grand legislative policy well. I did not try to turn our whole state up- Take the half trillion in Medicare savings schemes helps to explain how during the 2010 side down at once, but working with leaders that the new health care law spent on new election the law of unintended consequences of both political parties, I did help it change entitlement programs and use it to make made being a member of the so-called ‘‘party and grow step by step. Within a few years, Medicare solvent. of no’’ a more electable choice than a mem- Tennessee was the fastest growing state in Adopt a two-year budget—this would allow ber of the so-called party of ‘‘yes, we can.’’ family incomes. Congress to spend every other year on over- James Q. Wilson also wrote in his essay What do this approach and these examples sight, repealing and revising laws and regu- that respect of the law of unintended con- have to suggest to Republicans as we look lations that are out of date or wasteful. sequences ‘‘is not an argument for doing toward a new session of Congress? As a result Give the rest of the government’s General nothing, but it is one, in my view, for doing of the 2010 elections, we have enough clout to Motors stock to every American who paid things experimentally. Try your idea out in stop risky, comprehensive schemes featuring federal income taxes last April. one place and see what happens before you more taxes, debt and Washington takeovers I also support a 2-year earmark ban—Ear- inflict it on the whole country,’’ he suggests. replete with hidden and unexpected sur- marks have become a symbol of wasteful That is why if the Republican Party as- prises. And we have enough clout to suggest Washington spending; there are too many of pires to be a governing party rather than alternative approaches for the most urgent them and too many for less-than-worthy pur- merely an ideological debating society, the problems of the day. In fact we have an obli- poses. This process needs to be cleaned up, question ‘‘What are Republicans for?’’ still is gation to do so if we want to be able to per- but this is more about good government than a question that must be answered. suade independent voters as well as Repub- saving money since even unworthy projects If you will examine the Congressional licans that we ought to be the governing are paid for by reducing spending in other Record you will find Republican senators party in American after 2012. places; and long-term it turns the checkbook tried to answer the question by following Mr. It is no mystery what our country’s focus over to the president at a time when most Wilson’s advice, proposing a step-by-step ap- should be: jobs, debt and terror. Jobs and Americans voted for a check on the presi- proach to confronting our nation’s health debt dominated the 2010 election. dency. care and other challenges 173 different times Applying the step-by-step, rather than Fifteen years ago Republicans captured on the floor of the Senate during 2009. comprehensive, approach our first goal control of Congress during one of those re- On health care for example, we first sug- therefore should be to make it easier and curring outbursts when American voters an- gested setting a clear goal: that is reducing cheaper to create private sector jobs. A nounced that they wanted less of Wash- Americans’ costs so that more of them could quick list of steps comes to mind: don’t raise ington, and more freedom for themselves. afford to buy insurance. Then we proposed taxes on anybody in the middle of an eco- That advice was not well heeded, and now we the first six steps toward achieving that nomic downturn; repeal one-by-one the man- find ourselves the political beneficiaries of goal: 1. allowing small businesses to pool dates on job creators in the health care law; another such outburst and an opportunity to their resources to purchase health plans; 2. reduce the corporate tax rate; reduce or lay the groundwork to be a governing party reducing junk lawsuits against doctors; 3. al- eliminate the tax on capital gains; defend within two years. lowing the purchase of insurance across the secret ballot in union elections; defend My hope is that this time, Republicans state lines; 4. expanding health savings ac- states’ ability to protect the right to work; heed the advice of Wilson, Schambra, and counts; 5. promoting wellness and preven- create the environment for 100 new nuclear Kristol, that rather than attempt com- tion; and 6. taking steps to reduce waste, power plants; double research and develop- prehensive conservative schemes, we keep fraud and abuse. ment for clean energy; build a first class our eye on the goals that matter most—mak- We offered these six proposals in complete transportation system; repeal the so-called ing it easier and cheaper to create private legislative text, totaling 182 pages for all six consumer protection agency in the financial sector jobs; reduce spending closer to reve- steps. The Democratic majority ridiculed the regulation law; and enact Korea, Colombia, nues; and dealing in a tough, strategic way approach as ‘‘piecemeal,’’ in part because our and Panama free trade laws. with terrorism. And that we proceed step-by- approach was not comprehensive. I would add repeal the health care law en- step toward those goals in a way that re- Take another example. In July of 2009, all tirely, although this might seem to be a earns the trust of the American people. 40 Republican senators announced agreement comprehensive act violating the Wilson- We should give Hebert Croly credit for re- on four steps to produce low-cost, clean en- Kristol-Schambra step-by-step doctrine. minding us in 1909 in the first chapter of his ergy and create jobs: 1. create the environ- Such a comprehensive undoing carries the Promise of American Life that this is still ment for 100 new nuclear power plants; 2. risk of scaring independents, but as a prac- the one country in the world where most electrify half our cars and trucks; 3. explore tical matter there is no good way to deal people believe that anything is possible and offshore for natural gas and oil; and 4. double with that historic mistake other than by re- that anyone can succeed if he or she works energy research and development for new pealing and replacing it with a step-by-step hard. This is a country where your grand- forms of clean energy. approach reducing health care costs. In addi- father can tell you, as mine did, ‘‘Aim for

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We That they will continue to remind Ameri- gest that we go step by step to attempt could say, let’s have a 2-year budget so cans that this debate is not some dry, dusty to re-earn the trust of the American every other year we can devote the analysis but a contest of competing gov- people. year to reviewing the regulations we erning philosophies about how to realize the There used to be signs that said: have and laws we have and the rules we dream of an upstart, still new nation in Think globally, act locally. I think we have, so we can get rid of some of which most people still believe that any- might think comprehensively but act thing is possible. Our argument is that our them. We may need some new laws, but country’s exceptionalism is best realized by step by step. Because if we don’t, there let’s get rid of some of the old ones. the largest number of Americans when we are two dangers. One is that we won’t I stood right here on the floor of the expect less of Washington, and more of our- succeed. It will be a lot easier, for ex- Senate a couple years ago and voted selves. ample, to fix No Child Left Behind, the against the Higher Education Act. Mr. ALEXANDER. Mr. President, the education law, than it will be to com- Now, here I am a former university premise of my remarks was that we prehensively reauthorize it. It is a president and Education Secretary and don’t do comprehensive very well in 1,000-page law filled with provisions so-called education Governor, and edu- the U.S. Congress. That was challenged backed by those with vested interests— cation is my passion—I say to the Pre- by some of the conservatives on the Members of Congress, teachers unions, siding Officer, if another Senator panel today. That was my point. My principals, people all over the country. comes to the floor, I will be glad to suggestion was that those who were Comprehensively reauthorizing it will yield the floor—but I voted against the elected in the 2010 election not make be hard to do. But if we want to fix it, Higher Education Act. Why did I do the same mistakes as those elected be- we can probably pick four or five or six that? During the debate, I got permis- fore made, which, in my opinion, was things we need to fix and maybe, in a sion to bring to the floor all of the reg- not just to head in the wrong direction bipartisan way, go step by step to do ulations that now exist under the cur- but to try to do it all at once. It is one that. rent Higher Education Act. thing to think comprehensively; it is If we want clean energy, comprehen- You have to ask for unanimous con- another thing to act comprehensively. sive, economy-wide cap and trade sent to bring demonstrative evidence There have been multiple attempts to proved too much to swallow here. But on the floor. I had to do that once with repeal the health care law from the day we could create an environment for 100 Minnie Pearl’s hat. I had it here in the it passed. Our efforts at comprehensive new nuclear plants. We should be able drawer, but I could not bring it out un- immigration and comprehensive cli- to encourage electric cars. We should less I asked unanimous consent, which mate change fell of their own weight. be able to double energy research and I got. And I got it to bring all these I am tempted, as I am sure most peo- development. Those are steps in the regulations. ple are, to make comprehensive right direction. And what I said was that I am voting We took steps in the right direction changes. We talked about some exam- against this act because reauthoriza- with the America Competes Act. We ples with the panel. Take education. I tion of the act would double the stack did that in a bipartisan way. suppose I have had about every posi- of regulations. tion on education reform possible. I Our overwhelming priorities today So all of these things have to do with have been for abolishing the Depart- are jobs, debt, and terror. We are not debt, limited government, and spread- ment of Education. I have been the likely to solve any of those problems ing prosperity and spreading freedom. U.S. Department of Education Sec- all at once. We might think com- So my argument is basically that those retary. I have been both. prehensively about how to do it, but we of us who are in the Republican Party, I remember as a Governor in 1981, I need to act step by step. those of us who this year won more of went to see President Reagan and For example, our goal would be to the elections—we know what it is like asked him to swap all of elementary make it easier and cheaper to create to be on the other side. Two years ago, and secondary education for Medicaid. private sector jobs. That should be the we hardly won anything. Two years be- In other words, the Federal Govern- first goal. Especially on this side of the fore that, we got elected one Repub- ment would take all of Medicaid and aisle, we believe that raising taxes on lican Senator. But those of us who are the States would have all of elemen- anybody—anybody—in the middle of an on the winning side this time I think tary and secondary education. economic downturn makes no sense, The Presiding Officer is from the because it makes it harder to create would do well to head in a different di- State of Minnesota, where there is a private sector jobs. But that is only rection. Yes, make it easier and cheap- high value placed on education. My one step. er to create private sector jobs, get to own view is that the high value placed If I were to make my list, I would add work on the debt, be strategic and on education by the communities of to that list: reducing the corporate in- tough about terror, be resolute about Minnesota does much more to assure come tax so our corporations can be the direction we are going, but do it quality education than anything we competitive in the world, and I would step by step. We are more likely to be could do here. I thought if we got rid of say defend the right to work and the able to persuade people to do it. When the idea that Washington could make secret ballot in union elections. I we are through, we may be more likely our schools better, those in the com- would also say build a first-class trans- to persuade them to live under those munities of Tennessee would feel more portation system. I would also say in- rules and regulations. responsibility. crease funding for research and devel- When you do it comprehensively, President Reagan liked that, but it opment at major universities because when you bite off more than you can didn’t get anywhere. Most big com- it is that brainpower that creates jobs chew, when you offer a 2,000-page solu- prehensive schemes don’t. Our country for us. So there are many different tion to anything—whether it is a com- is too big and complicated and too di- steps we would take to create a pro- prehensive liberal solution or progres- verse. Our constitutional system sepa- growth economy. Take the issue of sive solution or whether it is a com- rates power into too many places. And debt. We have a debt commission re- prehensive conservative solution—you on top of that, we just are not smart port today which has attracted all of are likely to frighten—well, you are enough to figure out a solution for all our attention. We have a horrendous likely to make angry the people on the the many different things that are hap- problem with Federal debt. Mr. Presi- other side and scare the independent pening in this country. dent, 42 cents out of every dollar we voters half to death. As a result, you My advice in this address is that are spending is borrowed. If we try to will not succeed. those who were elected in 2010 head in fix it all at once, the country would We as Republicans have a chance in a different direction. We talked a lot collapse. But if we wait another day to the next 2 years to prove to the Nation about less government, less taxes. We begin to fix it, we should be ashamed. we deserve to be the governing party.

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.032 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8472 CONGRESSIONAL RECORD — SENATE December 3, 2010 We are not today. There is a Demo- Johnson knew that going step by step I see the distinguished Senator from cratic President and there is a Demo- in the right direction was the right the University of Arkansas on the cratic Senate and there is a Republican way to get where our country had to floor. House. So if we want to make progress, go. Mr. President, I yield the floor and we have to work together when we can So we have some big challenges suggest the absence of a quorum. form a consensus. ahead of us, and some of them we will The PRESIDING OFFICER. The But if we want the privilege of being be able to do in a bipartisan way. I clerk will call the roll. more than an ideological debating soci- hope we can do that with No Child Left The legislative clerk proceeded to ety and being actually a governing Behind. Let’s fix it with four or five or call the roll. party, we have to re-earn the trust of six steps. Arne Duncan has some good Mrs. MCCASKILL. Mr. President, I the American people. We have to say: ideas. They are very consistent with ask unanimous consent that the order What are Republicans for? I am sug- the ideas of a number of Democrats and for the quorum call be rescinded. gesting that when we say what we are a number of Republicans. That would The PRESIDING OFFICER. Without objection, it is so ordered. for, we pick our goals—make it easier be a start. The America Competes Act and cheaper to create private sector we should authorize at some point. f jobs, reduce spending closer to reve- That would be another step we could ARLINGTON NATIONAL CEMETERY nues, be tough and strategic on ter- take. I think we have some steps on clean energy. Mrs. MCCASKILL. Mr. President, ror—and then we go step by step in back in July of this year, the sub- that direction, and we take people with There are some areas where we will disagree. We are going to have some committee I chair on contracting over- us and we gain their support. Republican ideas about making it easi- sight held a hearing about heart- I have mentioned on this floor before breaking incompetence at Arlington the example of the civil rights laws. er and cheaper to create private sector jobs that our friends on the other side National Cemetery. Slavery was the greatest injustice in Because of a series of management our country’s history. It plagued us will honestly disagree with. We are having one of those disagreements this errors, bungling, neglect, the contracts from the day of our country’s founding. that were supposed to be executed to Our Founders punted on the subject, weekend because we believe it makes no sense to raise taxes on anybody in make sure we were keeping track of and then we tore ourselves apart in a the middle of an economic downturn if America’s heroes in our most sacred war, and then we waited a century to your goal is to make it easier and place in this country—we discovered do much about it. By any intellectual cheaper to create private sector jobs, that, in fact, the officials at Arlington standard, by any moral standard, we and they have a little different view. National Cemetery were not sure who should have fixed that all at once. But So we will have votes on that. was buried where. Lyndon Johnson, who was the majority So we will have our differences of The reaction I have had to that hear- leader at the time, knew better than to opinion. But if we want to be success- ing has been so reassuring because as I try to do that. In fact, he knew he ful, we as a country—and if we as a travel around Missouri, person after could not do that. So starting in 1958 party, the Republican Party, want to person comes up to me, so many vet- and then in 1964 and then in 1968 and be successful in earning the trust of erans, saying: Thank you for getting on then in 1975 were the major civil rights the American people to prove we are el- top of this disaster at Arlington Na- laws in the country. We went step by igible, qualified, worthy of being a gov- tional Cemetery. step to realize the promise of American erning party after 2012, then we better Since that hearing, when it was very life: that all men and women are cre- set our clear goal: make it easier and clear there was no direct line of au- ated equal. cheaper to create private sector jobs thority in terms of managing Arling- Now, it is easy to sit somewhere and and go step by step toward that goal, ton National Cemetery—that they had say: Well, that went too slow, and a explaining carefully what we are doing, no problem issuing multiple contracts comprehensive approach toward civil attracting independent voters, keeping for millions of dollars and getting abso- rights would have been the right thing independent voters, so that when we lutely nothing for it, an acknowledg- to do. It would have been the right pass a law, the country accepts it, and ment that they did not have a system thing to do, but it never would have then we move on ahead. that was adequately keeping track of happened. So that is what our discussion was the location of burial for potentially There is one other problem with it: it about today, and it is an important dis- thousands of America’s finest—we have would not have been accepted by the cussion. It is not just some dusty, dry continued to stay on top of this and country. The civil rights laws of 1964 thing. Herbert Croly’s book in 1909, have realized that more and more prob- and 1968, during a time of Democratic ‘‘The Promise of American Life,’’ is the lems continue to arise. majorities and a Democratic President, manifesto for the progressive move- This morning, it was reported nation- were written—where?—in the office of ment that has ascended in this country ally that they now found a grave site the Republican leader of the U.S. Sen- right now. And our idea of less from that has eight different urns buried— ate, Everett Dirksen. Washington and more of ourselves is an eight different urns—cremated remains Now, why did President Johnson do intellectual context for the antidote to buried in one location with a tomb- that? Well, you can say he did not need that. It is for the resurgent movement stone that said ‘‘Unknown.’’ And, of the votes. He had huge majorities in in America that began with President course, they have been able to identify the House and in the Senate. Well, it Jefferson’s yeoman farmer, with his some of those remains—gratefully, was a little more complicated than distrust in the Federal Government they have—and they are contacting that because he had southern Demo- and his skepticism of great big policy those families. crats, and they were against it. So first schemes imposed from Washington. But as a result of the hearing, I filed he needed the votes to pass the bill. That is the grand debate of the last legislation, along with Senator BROWN, But the thing President Johnson un- century, and it is the one we are in the who is with me on that committee as derstood so well was that he not only midst of today. the ranking member of that com- needed to pass the bill, he needed the So I thank the Senate for giving me mittee. Together, we filed a bill, with a country to accept it. And as controver- an opportunity to present my number of cosponsors, setting up some sial as the Civil Rights Act of 1968 thoughts. I thank my colleagues who basic oversight of Arlington going for- was—the one written down the hall in attended the Hudson Institute discus- ward—basic but very important—mak- the Republican leader’s office by a sion today. And I especially urge my ing sure we have review of contract Democratic President and a Demo- Republican colleagues to remember management, making sure we have cratic Congress—as controversial as it that if we want to re-earn the trust of compliance with an Army directive, was, when it was over, Senator Russell the American people, we need to set making sure we have a report on the of Georgia, for whom a building here is the right goals and move in that direc- grave site discrepancies that have aris- named, went to Georgia and said: I tion, step by step. We will have to be a en, so we can be assured that every fought this for 30 years, but it is the little patient to get there, but that is a family in America who looks upon Ar- law of the land, and we obey it. Lyndon good way to get where we want to go. lington as the last resting place for

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.052 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8473 their family member can be assured REMEMBERING RON SANTO privilege under the league’s ‘‘5-and-10 that when they go to visit their loved Mr. DURBIN. Mr. President, last rule,’’ declining a trade to the Cali- one, they are indeed visiting their night, Chicago and America lost a fornia Angels because he wanted to fin- loved one. So we filed this bill, S. 3860. hero. Ron Santo was a Chicago Cubs ish his career in Chicago. That kind of After we found out about these addi- legend and an inspiration to anyone dedication to a team and its fans is tional problems that have arisen, I now who has ever faced a tough, uphill bat- something you hardly ever see any- feel a sense of urgency about this. tle in life. more. It is something I remember fond- I know my colleagues on the other During his 15-year career with the ly from my youth, and I will bet the side have said we are not doing any Cubs, Ron Santo batted .277 with 342 Presiding Officer does too. other legislation except making sure home runs and 1,331 RBIs. He was a Since 1990, Ron Santo lived out his we get a tax cut for millionaires. I am nine-time All Star and a five-time Na- love for the Cubs as commentator in hoping they will make an exception to tional League Gold Glove winner. In the booth, providing color commentary the rule because if we do not provide each of four seasons, he batted .300, on WGN Radio Cubs broadcasts. Sports adequate oversight right now, when drove in 100 runs, and led the league in Illustrated writer Rick Reilly de- will we? Is there a subject more impor- walks. scribed Ron’s commentary this way. He tant than our oversight and making What the public didn’t know for most said Ron Santo ‘‘loves them Cubs like sure those we should honor the most of his career is that he lived every day the Pooh Bear loves honey. He does not are, in fact, being treated with the with a life-threatening illness. call a game, he lives it. He cheers so kind of dignity and respect they de- Ron Santo hid his diagnosis from the much that it sounds like his play-by- serve rather than just being thrown in public for 10 years. He said he didn’t play partner Pat Hughes is broad- a gravesite that says ‘‘Unknown’’? want anybody to feel sorry for him. He casting from Murphy’s Bar.’’ So I am going to make a motion to- didn’t want to be held to a different In the words of broadcaster Pat morrow—we will be in session tomor- standard. He wanted to be judged the Hughes, he ‘‘never had a better part- row—for unanimous consent to pass same way every other ballplayer is ner.’’ this legislation. I know I am being im- judged—by the numbers. By that Ron Santo’s boisterous 7th inning patient. We are supposed to let these standard, Ron Santo earned his spot stretch renditions of ‘‘Take Me Out to things sit on the calendar for months among the greats. the Ball Game’’ at Wrigley Field, a tra- and months, and we are to hope that We can’t know how much better he dition that he carried on after the pass- nobody puts a secret hold on it, and we might have been if he hadn’t suffered ing of Cubs legend Harry Caray, could are to get frustrated not knowing who from diabetes, in an era that sup- make anyone smile—maybe even a has a hold on it or why. We have 38 pressed the long ball or maybe for a White Sox fan. members of the judiciary who have team that, God bless them, never once One other thing that I always been sitting on the calendar who came saw postseason action, but it doesn’t thought was interesting. They used to out of committee unanimously. But, matter. Simply put, Ron was the best joke about it. I was fortunate to be in- no, we can’t take those up. We can’t do third baseman in Cubs history and vited to go up to the broadcast booth anything until we do unpaid tax cuts maybe in the game. at Wrigley Field. What a treat for a for millionaires. The last decade in Ron’s life brought baseball fan to be up there with Ron I am hoping my Republican col- challenges that would have sidelined Santo and Pat Hughes and to do an in- leagues will give the millionaires a rest many others. In 2001, Ron lost the ning. I mean, if there is any psychic re- tomorrow. I am hoping they will get off lower portions of both legs to diabetes. ward with this great job, it is that. I the case of helping the millionaires and He earlier survived a bout of cancer would study up on all the stats and all the billionaires so we can unanimously and endured more than two dozen sur- the ballplayers’ names and what hap- pass this bill. That is the best we can pened in the preceding week and think do right now to make sure our loved geries. In his later years he walked on prosthetic legs that slowed his gait but about who is coming and I would be all ones—because they are all of our loved loaded up, and here is Ron Santo. ones. We love the men and women who not his dedication to the Cubs or his work for the Juvenile Diabetes Re- At this point it is instinctive. He is are buried at Arlington National Ceme- announcing a game and talking to peo- tery, from John F. Kennedy to the sol- search Foundation where he served on the board of directors. ple and getting ready for the next com- diers none of us has ever met. We love mercial and all of these things are these Americans, and we need to do ev- On October 3, as he had for the last 32 years, he hosted the annual Ron Santo going on, and they were kidding him erything we can to make sure there is constantly. There was one ongoing proper oversight of what is going on at Walk to Cure Diabetes in Chicago to raise awareness and funding for re- joke that I never knew the origin of, Arlington National Cemetery. and it wasn’t until they started writing So, tomorrow, I am hoping we get an search into a cure. these articles about his life that it fi- exception to the edict that we got from Baseball may one day see a third nally came out. It seems that there our friends on the Republican side of baseman with the playing skills of Ron was an incident that occurred on open- the aisle. I am hoping they will allow Santo, but it is hard to imagine that ing day in the year 2003. Ron Santo, for this bill to go through by unanimous we will ever again see a ballplayer with all his great qualities, didn’t believe consent because, I will tell my col- greater love or loyalty for a city, its that an expensive toupee was nec- leagues, I am not comfortable going team, and its fans. essarily worth the money. So he wore a home for my Christmas holidays with His broadcast partner, Pat Hughes, toupee that clearly was a bargain. His my family until I am sure we have was quoted this morning saying: ‘‘Ron toupee caught fire in the Shea Stadium done everything we can for the families Santo absolutely loved the Cubs. The press box in New York on opening day who lost loved ones who reached a final Cubs have lost their biggest fan.’’ But Ron Santo’s love affair with the 2003 after he got too close to an over- resting place on this Earth at Arling- Cubs started at an early age. Born in head space heater. They kidded him ton National Cemetery. Thank you, Mr. President. I yield the Seattle, he watched the Game of the about that for the next 6 years. What a floor and suggest the absence of a Week on TV and remembers a game good-natured man he was, to take that quorum. from Wrigley Field with Ernie Banks. kidding and to just go on and say: Let’s The PRESIDING OFFICER. The He said there was something about get back to the game—typical of a clerk will call the roll. that ballpark and the Cubs fans. great fellow with a great sense of The legislative clerk proceeded to When it came time to sign up, this humor who doesn’t take himself too se- call the roll. great prospective ballplayer was of- riously. The Senator from Illinois. fered a lot of money by a lot of clubs, Ron Santo was considered for entry Mr. DURBIN. Mr. President, I ask but he wanted to be a Chicago Cub. He into Major League Baseball’s Hall of unanimous consent that the order for could have made a lot more money at Fame an astonishing 19 times. The last the quorum call be rescinded. the end of his career as well by leaving time was 2008. Sadly—wrongly, in my The PRESIDING OFFICER. Without Chicago. Instead, in 1974, Ron Santo be- view—he never made it to Coopers- objection, it is so ordered. came the first player to invoke his town. But he took that disappointment

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.052 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8474 CONGRESSIONAL RECORD — SENATE December 3, 2010 the same way he took so many other not the question. The question is, cut under this bill, and it will be bigger bad breaks in life, with dignity and Whose taxes are going to be cut? than a middle-class family’s tax cut. grace. We could pass this bill today, give We are simply asking not to extend ad- In September 2003, the Cubs retired middle-class taxpayers certainty, take ditional tax cuts on top of the tax cuts Ron Santo’s number, 10. It now hangs care of the AMT, the alternative min- they will already receive. So everybody at Wrigley Field along with the num- imum tax problem, which protects, in America gets a tax cut under our bers of former teammates Billy Wil- right now, in terms of how we have re- proposal. As a matter of fact, that tax liams and Ernie Banks. Ron Santo fa- sponded to it to create relief from cut, instead of expiring a few years mously said that day: ‘‘This is my Hall that—and we want to extend that relief down the road, stays permanent. But, of Fame—Wrigley Field.’’ not only to 30 million people in the no, they want to give an additional tax But ‘‘This Old Cub’’ deserved more. country but 1.6 million New Jerseyans cut to those who are millionaires, Like his fellow Cubs whose retired whom we have saved from being bit by multimillionaires, and billionaires. numbers also hang proudly on Wrigley that AMT. Failure to act would mean Simply put, Republicans believe it is Field foul poles, Ron Santo should have they would pay an additional tax bill of more important to deliver massive tax been in the National Baseball Hall of up to $5,600. breaks to CEOs than to the people who Fame. That he never made it is the These are middle-class families who work for them. They argue that mil- only regret he could have had about his were never intended to pay a tax that lionaires paying tax rates at the levels was meant originally for those in our career. they paid in 2000 would decimate the country who paid nothing toward the Ron Santo was a ballplayer who lived economy. The problem is, that position common good. Hence, the Congress cre- large, played through unimaginable is simply not supported by the facts or ated an alternative minimum tax, so pain, broadcast the game with all his the experience of the last decade. those using the deductions in the code heart, and left an indelible mark on People who have worked hard and who paid nothing to the common good, Cubs fans everywhere. Whether he was built personal wealth should be ap- to the Nation’s defense, and its well- staring down an opposing pitcher or plauded for their success. I applaud being had to pay something. But since staring down diabetes, he gave it his people who, through their hard work, that was 20, 25, 30 years ago, it was all every day. The Cubs, Chicago, and creativity, and ingenuity, have created never indexed. We have now seen that America will miss Ron Santo. wealth. They should be applauded and has been biting middle-class families. Mr. President, I yield the floor and admired. I admire them. People who In the case of middle-class families in suggest the absence of a quorum. work hard and prosper, they love their New Jersey subject to the AMT, they The PRESIDING OFFICER. The country too. They are in the best posi- would be bit by another $5,600. clerk will call the roll. We also need to extend the des- tion to be helpful to their country in The legislative clerk proceeded to perately needed unemployment bene- this tough economic time. Many of call the roll. fits to the 2 million Americans who them are willing to contribute if we Mr. MENENDEZ. Mr. President, I ask lost their jobs through no fault of their ask. We know from experience that re- unanimous consent that the order for own. That is all in this package. We verting to the tax rates that the the quorum call be rescinded. could pass a number of job creation wealthiest and most successful paid The PRESIDING OFFICER (Mr. DUR- measures, such as an extension of Build during the Clinton-era prosperity will BIN). Without objection, it is so or- America Bonds which, true to its certainly not break our economy. As a dered. name, puts people to work rebuilding matter of fact, it was that era that bal- f communities across America. My pro- anced the budget for the first time in a generation, created record surpluses, TAX RELIEF posal is to give them the tools they need to put people to work on projects low unemployment, low interest rates, Mr. MENENDEZ. Mr. President, I that deliver safer and cleaner water to and had the greatest peacetime econ- rise this afternoon to speak about the families through private activity omy in over a generation. It certainly debate we are having on the funda- bonds—something that gets the private didn’t break our economy. mental question of what type of tax re- sector putting up money in a way that So I just don’t understand why my lief will be considered by the Senate. creates jobs. Unbelievably, my Repub- colleagues on the Republican side of Not too often does a debate offer such lican colleagues have pledged to stop the aisle continue to oppose what is clear differences in priorities between this bill, to do that by what we call a good for America, for our children, and the two parties. We have before us a filibuster, to insist that instead of a for our future. We are on the eve of the sensible package, put together by simple majority of the 100 Senators, holidays. Middle-class families are sit- Chairman BAUCUS, which would ensure there have to be 60. All these benefits, ting around the kitchen table at night that any family in America who makes permanent tax benefits for middle- wondering how they are going to afford up to one-quarter of a million dollars class families making one-quarter of a to buy the gifts for their children this in a year would get a permanent tax million dollars or less, the opportunity year. Middle-class families are won- cut instead of one that expires a few to create jobs, the opportunity to take dering how they are going to make the years down the road, as the Bush tax care of a couple million Americans who next mortgage payment, how they are cuts will do. lost their jobs, the opportunity to going to pay tuition for their college- If Republicans would work with us, bring the private sector back again, age children next semester. These are we could give businesses certainty, the opportunity to give the private sec- tough conversations around that kitch- middle-class families tax relief, and tor certainty, none of that is good en table. create jobs at this very moment. Solv- enough for them. They will not simply I can assure you those Republicans ing these issues has, at least from my vote against it; they are seeking to who are fighting for millionaires and perspective, broad bipartisan support. block this bill, by using the filibuster, billionaires are not worried this holi- Everybody says they want to give busi- from even being considered by the Sen- day season. Yet we are being asked to ness certainty, they want to give mid- ate. give them an additional tax windfall dle-class families tax relief, and they The difference in the priorities be- while middle-class families are strug- want to create jobs. So if we have that tween our two parties is rather clear. gling. Our Republican colleagues are agreement, both sides should be able to Republicans would rather that taxes playing Santa for the millionaires and come to support this proposition. increase for all Americans than allow Scrooge for the middle class. Both sides have agreed we should tax rates for millionaires and billion- Those who make over $1 million, move forward extending tax cuts for aires to revert to Clinton-era pros- they want to give them a big fat check, middle-class families, do more to cre- perity levels. So all of us have to face averaging $104,000, with a bow on it. ate jobs, and ensure that the alter- an increase in taxes in order to give an For our children, they want to give native minimum tax doesn’t ensnare extra tax benefit to the wealthiest in them a big fat $4 trillion bill to be paid more than 30 million Americans this our country. back with interest for generations to year. Unfortunately, the question isn’t, It happens to be a fact that the come. I guess that is their version of Who is going to cut your taxes? That is wealthiest in the country still see a tax happy holidays, America.

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.032 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8475 Does it make sense to anyone but our cent of Americans—for so many mid- ical game book that should be ulti- Republican colleagues who, once again, dle-class families—was not a large mately abandoned. If not, in this vote, are telling us that rewarding the enough priority to make it into their Republicans will have abandoned the wealthiest helps us all, that that package. Gutting the estate tax was middle class of this country at a time wealth somehow trickles down and cre- but additional middle-class tax relief in which they need our support the ates jobs? I say: Show me the jobs. We was not. greatest. cut taxes for that universe of tax- The nonpartisan Congressional Budg- With that, Mr. President, I yield the payers, the highest income taxpayers et Office—the one entity both Demo- floor, and I suggest the absence of a in the Nation, and they said it would crats and Republicans depend upon for quorum. create jobs. Well, show me. Where are the scoring of our efforts, for thinking The PRESIDING OFFICER. The they? In the year the Bush tax cuts about what are the best job-producing clerk will call the roll. were passed, unemployment was under initiatives and whatnot—has found the The assistant legislative clerk pro- 5 percent. After nearly a decade under most effective way—this is them, ceeded to call the roll. Bush’s tax policy, unemployment has through their studies—to create jobs. Mr. DURBIN. Mr. President, I ask doubled. It now stands at nearly 10 per- They say the ‘‘biggest bang for the unanimous consent that the order for cent. Now they are saying we need to buck’’ is extending jobless benefits, and the quorum call be rescinded. reward the rich again and it will create ranking right behind in terms of effec- The PRESIDING OFFICER (Mr. jobs. Well, in my view, the Bush Repub- tiveness are payroll tax cuts and small MENENDEZ). Without objection, it is so lican tax cuts for millionaires and bil- business tax incentives. ordered. lionaires has been the biggest failed The chairman’s bill contains all of jobs program in our Nation’s history. that—all that the Congressional Budg- f But what it did do is add enormously et Office has said are the biggest cre- REMEMBERING VELMA BISHOP to the debt. ators of jobs. I have listened to those who have The Republican leader’s bill contains Mr. REID. Mr. President, I rise today come here talking about the con- none—zero—of those initiatives. The to recognize and offer my condolences sequences of debt. Yet they are rushing Congressional Budget Office has deter- for the passing of a great Nevadan, to add to that debt in dramatic ways, mined the Republican package does not Velma Bishop. A naturalized U.S. cit- all for the wealthiest people in our contain even one of the most effective izen from Canada, Velma labored dili- country. So my question to my Repub- ideas for job creation. So if Repub- gently in many charitable and civic op- lican colleagues who believe that only licans are in this debate to create jobs, portunities and programs. She was a debt-financed tax cuts for millionaires why don’t they include the proposals wonderful mother and a wife of 45 year can fix the economy is this: Where is that economists are telling us are the to her beloved late husband, Gail Alex- the prosperity that President Bush most effective in creating jobs? ander Bishop. Not only will her local, promised to the middle class when We know Republicans have said no to religious, and political communities these cuts were passed a decade ago? everything. We know the Republican miss her impact, but so will the great In fact, let’s look at that decade. The leadership’s top priority is not middle- multitudes of people she has been able Bush decade will go down in history as class families but defeating President to touch through a life devoted to serv- one of the worst decades the middle Obama. But we cannot tolerate the ice. It is my great honor to recognize class has ever faced. While the wealthi- harm their political strategy will do to her life’s work before the U.S. Senate est saw their incomes swell and their middle-class families. They are even today. taxes plummet, middle-class salaries willing, for the sake of their political The State of Nevada will miss remained stagnated. Families’ costs, strategy—which is to have this Presi- Velma’s can-do spirit. She sacrificed such as health care and college tui- dent fail, which means not whether the much of her personal time volunteering tions, skyrocketed, and jobs dis- President fails but whether the coun- with special-needs children and or- appeared overseas. The stock market try fails—to hold hostage permanent phans. Many people with no biological sputters along at the same levels it middle-class tax relief, for multi- relation nonetheless knew her as achieved under the Clinton-era tax millionaires and billionaires. ‘‘mom.’’ Her arms were open for any- rates. Middle-class wages have contin- I urge my colleagues to remember one; her kind spirit will always be re- ued to lose ground to inflation and those who are struggling this holiday membered. She was also a very in- health care costs, and millions more season to keep their homes, to find a volved member of her local congrega- now live in poverty than before these job, and to provide for their families. I tion in the Church of Jesus Christ of tax cuts were passed. urge my Republican colleagues during Latter-day Saints. When the unregulated greed on Wall this kind, forgiving time of year to Velma worked diligently to raise Street led to millions of Americans los- open their hearts and change their po- money for nonprofit concerns and even ing their jobs, Republicans said: You litical playbook. Their political play- found time to manage various cam- are on your own—literally. Literally, book maybe has brought them some paigns for the Democratic Party of Ne- on this very floor—while leading a fili- success, but it puts middle-class fami- vada. She never shied away from voic- buster against an extension of unem- lies at enormous risk. There is no rea- ing northern Nevada’s needs. Until re- ployment benefits, and asked, How is it son the Senate cannot have a bipar- cently, she continued playing an active you can do that to these people who, tisan vote or a simple majority vote on role in the Gail Bishop Chapter of the through no fault of their own, face the making reality permanent tax cuts of Nevada Alliance for Retired Ameri- unemployment line—one Republican $250,000 or less for our families and to cans, aptly named after her late hus- retorted: Tough—and the rest of it you give businesses the certainty they need band. Her involvement in the public can fill in the blank—to pleas from by creating an extension for those who service back home found her befriend- families desperate for help. are unemployed, which will create op- ing many of the underrepresented or If Republicans were truly in this de- portunities for the private sector and overworked. She battled courageously bate to create jobs and protect the Build America Bonds to get us working on their behalf. Among her many middle class, then why did the Repub- again. That is all in this package. It mourners is the former Rep. Jim lican leader introduce a bill that is ac- will give relief from the alternative Bilbray, D-Nevada. tually a tax increase on millions—a tax minimum tax. I join with my friends back home in increase on millions—of middle-class That is the vote we are going to Nevada to honor the wonderful life of American families? Yes, a tax increase. have—all of that. Saying no to that in Velma Bishop. For 81 years she has im- That is right. The Republican bill of- order to help the wealthiest people in mersed herself in enhancing the lives fered by their leader spends $1 trillion the country—those we applaud for of others. I am grateful to recognize more. Yet the vast majority of Ameri- their hard work and ingenuity, but her achievements, and with a heavy cans would see their taxes increase if it those who are willing, I believe, to help heart, know that many people join were to become law. Why? Because their country and have the best where- Susan, Steve, and Kate in missing their President Obama’s tax cut for 95 per- withal to do so—is just simply a polit- ‘‘mom.’’

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.033 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8476 CONGRESSIONAL RECORD — SENATE December 3, 2010 HONORING OUR ARMED FORCES for the needs of our future. Utah is one Over the past decade, public, private,

SERGEANT JASON T. SMITH of the fastest growing States in the academic and community leaders in country. Our rapid population growth Mr. BENNET. Mr. President, it is Utah developed quality growth strate- is attributed to both the area’s high with a heavy heart that I rise today to gies for the Salt Lake metropolitan re- birth rate and to in-migration. We have honor the life and heroic service of gion. In 2010, they developed and adopt- a strong economy and have continued SGT Jason T. Smith. Sergeant Smith, ed a regional vision, the Wasatch to attract workers during the recent assigned to the 1st Explosive Ordnance Choice for 2040, which is a blueprint for economic recession. Yet even as we Company, based in Iwakuni, Japan, our region’s future. The sustainable grow, our transportation system has died on November 19, 2010, from wounds communities grant Utah received will not buckled under the pressure of ex- he received while serving in support of help make that blueprint a reality. plosive development. Regional and My friend and colleague, Senator Operation Enduring Freedom in community planners, as well as busi- DODD of Connecticut has introduced Helmand Province, Afghanistan. He ness and political leaders have been legislation that would create more of was 28 years old. looking forward to plan and meet the these grants, and go a step further by A native of Colorado Springs, CO, transportation infrastructure needs of creating an Office of Sustainable Hous- Sergeant Smith graduated from our growing population. Our transit ing and Communities. This office Doherty High School in 2000. Upon system of buses, vans, light rail and would oversee efforts to help local graduation, Sergeant Smith enlisted in commuter rail is unparalleled and I am communities plan for and create better the Marines and was quickly recog- proud of the role I played in bringing and more affordable places to live, nized as a skilled and composed soldier. TRAX and FrontRunner, our light rail work, and raise families. The legisla- He served three tours of duty: two in and commuter rail services to the tion would incentivize communities to Iraq and one in Afghanistan all with Wasatch Front. Last Thursday, Novem- make regional plans like Utah’s decoration. ber 25, 2010, marked 10 years that Wasatch Choice for 2040 and would fund During his 10 years of service, Ser- TRAX has been serving our commu- sustainable development projects. I be- geant Smith distinguished himself nities. This expanding network has lieve that with effective policies to en- through his courage, dedication to brought new possibilities to our resi- courage sustainable development, our duty, and willingness to take on one of dents and creates an economic rebirth communities will cut traffic conges- the most dangerous and skillful jobs in in each community it touches. tion; reduce greenhouse gas emissions the Marines—defusing bombs. Fellow There are a number of lessons that and gasoline consumption; protect soldiers respected his intensity, and other areas can learn from the success rural areas and green spaces; revitalize they relied heavily on his leadership. of Utah’s transit expansion. Planning existing Main Streets and urban cen- Sergeant Smith was also a gifted for the needs of a changing population ters; and create more affordable hous- teacher, and Marines under his com- should be the standard, rather than the ing. mand cite his marksmanship instruc- exception in every community. Re- While I strongly support many of the tion as a high-point in their career. cently, Utah was again recognized for ideas in this legislation, I have not Sergeant Smith worked on the front its innovative planning. Last month added myself as a cosponsor, because of lines of battle, serving in the most dan- the U.S. Department of Housing and some concerns that have been raised. gerous areas of Iraq and Afghanistan. Urban Development, HUD, announced a First and foremost, during this time of He is remembered by those who knew $5 million award to support the cre- out of control spending, I feel it would him as a consummate professional with ation of more livable and sustainable be irresponsible of me to support the an unending commitment to excel- communities along the Wasatch Front. legislation without a plan to pay for lence. His family remembers him as a This funding will support development the new spending it would create. It is dedicated son, brother, and as a loving of a regional housing plan through a my hope that some sort of a livable husband to his wife. In his free time, new initiative intended to build eco- communities component will be in- Sergeant Smith enjoyed fishing and nomic competitiveness by connecting cluded in a much needed transpor- playing basketball. housing with good jobs, quality schools tation authorization bill that Congress Mark Twain once said, ‘‘The fear of and transportation. This grant is part should consider next year. This discus- death follows from the fear of life. A of a new Federal Partnership for Sus- sion of the future of the highway trust man who lives fully is prepared to die tainable Communities, which brings fund should also address the important at any time.’’ Sergeant Smith’s service EPA, HUD, USDA and DOT together to of local planning efforts. I would also was in keeping with this sentiment—by ensure that the agencies’ policies, pro- like to see a greater voice for small selflessly putting country first, he grams, and funding consider affordable businesses and affected industries that lived life to the fullest. He lived with a housing, transportation, and environ- would no doubt be greatly affected by sense of the highest honorable purpose. mental protection together. I support the policies set in an effort to encour- He braved the chaos of combat zones the efforts of this interagency collabo- age sustainability. There are many im- throughout Iraq and Afghanistan. And ration designed to get better results for portant interests that need to be con- though his fate on the battlefield was American communities and to use tax- sidered and included in the discussion. uncertain, he pushed forward, pro- payer money more efficiently. I salute The partnership between the Utah tecting America’s citizens, her safety, the Utah organizations whose vision Transit Authority and our local, re- and the freedoms we hold dear. For his brought this important grant to our gional and State transportation plan- service and the lives he touched, Ser- State. The Utah consortium behind the ning organizations is a great example geant Smith will forever be remem- grant is made up of the following part- for many States. I feel confident that bered as one of our country’s bravest. ners—the Wasatch Front Regional Utah will use the livable communities To Sergeant Smith’s entire family—I Council, Mountainland Association of grant we are going to receive to con- cannot imagine the sorrow you must be Governments, Envision Utah, the Utah tinue to lead the nation in transpor- feeling. I hope that, in time, the pain of Department of Transportation, UDOT, tation and infrastructure planning. I your loss will be eased by your pride in Utah Transit Authority, UTA, Salt urge my colleagues to give full consid- Jason’s service and by your knowledge Lake County, Salt Lake City, Univer- eration and take the time to learn and that his country will never forget him. sity of Utah’s Metropolitan Research debate the ideas proposed in my friend We are humbled by his service and his Center and Bureau of Economic and Senator DODD’s legislation, S. 1619, the sacrifice. Business Research, the Utah Chapter of Livable Communities Act. f the American Planning Association f and other public and private sector LIVABLE COMMUNITIES ACT partners. These visionaries joined to- MESSAGES FROM THE PRESIDENT Mr. BENNETT. Mr. President, I rise gether to apply for this grant through Messages from the President of the today to salute a number of organiza- a nationwide competitive process to United States were communicated to tions from my home State of Utah that implement the growth strategies and the Senate by Mrs. Neiman, one of his have demonstrated vision as they plan vision in the region. secretaries.

VerDate Mar 15 2010 00:44 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.008 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8477 EXECUTIVE MESSAGES REFERRED By Mr. HARKIN, from the Committee on of S. 3946, a bill to repeal the expansion Health, Education, Labor, and Pensions, of information reporting requirements As in executive session the Presiding without amendment: Officer laid before the Senate messages for payments of $600 or more to cor- S. 3984. A bill to amend and extend the Mu- porations, and for other purposes. from the President of the United seum and Library Services Act, and for other States submitting sundry nominations purposes. S. 3973 At the request of Mr. VOINOVICH, the which were referred to the appropriate f committees. name of the Senator from Alaska (Ms. (The nominations received today are EXECUTIVE REPORT OF MURKOWSKI) was added as a cosponsor printed at the end of the Senate pro- COMMITTEE of S. 3973, a bill to amend the Energy ceedings.) The following executive report of a Policy Act of 2005 to reauthorize and f nomination was submitted: modify provisions relating to the diesel emissions reduction program. MESSAGE FROM THE HOUSE By Mr. LEVIN for the Committee on Armed Services. S. 3990 At 10:22 a.m., a message from the Air Force nomination of Gen. Claude R. At the request of Mr. BROWN of Mas- House of Representatives, delivered by Kehler, to be General. sachusetts, the name of the Senator Ms. Niland, one of its reading clerks, (Nomination was reported with rec- from Missouri (Mr. BOND) was added as announced that the House agreed to ommendation that it be confirmed.) a cosponsor of S. 3990, a bill to extend the following concurrent resolution, in f emergency unemployment benefits which it requests the concurrence of without adding to the Federal budget the Senate: INTRODUCTION OF BILLS AND deficit, and for other purposes. JOINT RESOLUTIONS H. Con. Res. 325. Concurrent resolution AMENDMENT NO. 4727 supporting the goals and ideals of National The following bills and joint resolu- At the request of Mr. BAUCUS, the Homeless Persons’ Memorial Day. tions were introduced, read the first name of the Senator from New Mexico The message also announced that the and second times by unanimous con- (Mr. BINGAMAN) was added as a cospon- House has passed the following bill, sent, and referred as indicated: sor of amendment No. 4727 proposed to without amendment: By Mr. BURR (for himself and Mr. H.R. 4853, a bill to amend the Internal S. 2847. An act to regulate the volume of COBURN): Revenue Code of 1986 to extend the audio on commercials. S. 4006. A bill to provide for the use of un- funding and expenditure authority of obligated discretionary stimulus dollars to ENROLLED BILL SIGNED the Airport and Airway Trust Fund, to address AIDS Drug Assistance Program The President pro tempore (Mr. waiting lists and other cost containment amend title 49, United States Code, to INOUYE) reported that he had signed measures impacting State ADAP programs; extend authorizations for the airport the following enrolled bill, which was read the first time. improvement program, and for other previously signed by the Speaker of the By Mr. AKAKA: purposes. House: S. 4007. A bill to amend the Humane Meth- f ods of Livestock Slaughter Act of 1958 to en- H.R. 4783. This Act may be cited as ‘‘The SUBMITTED RESOLUTIONS Claims Resettlement Act of 2010’’. sure the humane slaughter of nonambulatory livestock, and for other purposes; to the f Committee on Agriculture, Nutrition, and MEASURES REFERRED Forestry. SENATE RESOLUTION 694—CON- By Mr. CASEY (for himself and Mr. DEMNING THE GOVERNMENT OF The following concurrent resolution BROWN of Massachusetts): IRAN FOR ITS STATE-SPON- was read, and referred as indicated: S. 4008. A bill to enhance United States SORED PERSECUTION OF RELI- H. Con. Res. 325. Concurrent resolution diplomatic efforts with respect to Iran by GIOUS MINORITIES IN IRAN AND supporting the goals and ideals of National imposing additional economic sanctions ITS CONTINUED VIOLATION OF against Iran, and for other purposes; to the Homeless Persons’ Memorial Day; to the THE INTERNATIONAL COVENANT Committee on Health, Education, Labor, and Committee on Finance. ON HUMAN RIGHTS Pensions. f f Mr. BROWNBACK (for himself, Mr. SUBMISSION OF CONCURRENT AND WHITEHOUSE, Ms. MURKOWSKI, Mr. MEASURES READ THE FIRST TIME SENATE RESOLUTIONS LEAHY, Mr. KYL, Mr. CASEY, Mr. The following bill was read the first The following concurrent resolutions JOHANNS, Mr. WYDEN, and Mr. time: and Senate resolutions were read, and LIEBERMAN) submitted the following S. 4006. A bill to provide for the use of un- referred (or acted upon), as indicated: resolution; which was referred to the obligated discretionary stimulus dollars to By Mr. BROWNBACK (for himself, Mr. Committee on Foreign Relations: address AIDS Drug Assistance Program WHITEHOUSE, Ms. MURKOWSKI, Mr. S. RES. 694 waiting lists and other cost containment LEAHY, Mr. KYL, Mr. CASEY, Mr. measures impacting State ADAP programs. Whereas Iran is a multicultural society JOHANNS, Mr. WYDEN, and Mr. comprised of Shia and Sunni Muslims, as f LIEBERMAN): well as Baha’is, Christians, Jews, S. Res. 694. A resolution condemning the ENROLLED BILLS PRESENTED Zoroastrians, Persians, Azeris, Gilakis and Government of Iran for its state-sponsored Mazandaranis, Kurds, Arabs, Lurs, Turkmen, The Secretary of the Senate reported persecution of religious minorities in Iran Armenians, Balochis, Bakhtyaris, and oth- that on today, December 3, 2010, she and its continued violation of the Inter- ers, and many of these communities have co- had presented to the President of the national Covenant on Human Rights; to the existed for thousands of years; United States the following enrolled Committee on Foreign Relations. Whereas the Baha’i community is the larg- bills: f est non-Muslim religious minority in Iran, whose teachings emphasize S. 1338. An act to require the accreditation ADDITIONAL COSPONSORS multiculturalism, equality of men and of English language training programs, and women, interdependence, and humankind for other purposes. S. 3390 living in peace; S. 1421. An act to amend section 42 of title At the request of Mr. FRANKEN, the Whereas vast numbers of Iranians recog- 18, United States Code, to prohibit the im- name of the Senator from Colorado nize the many contributions Baha’is have portation and shipment of certain species of (Mr. BENNET) was added as a cosponsor made to their society despite facing govern- carp. of S. 3390, a bill to end the discrimina- ment-sponsored persecution; S. 3250. An act to provide for the training tion based on actual or perceived sex- Whereas, in 1982, 1984, 1988, 1990, 1992, 1996, of Federal building personnel, and for other 2000, 2006, 2008, and 2009, Congress declared purposes. ual orientation or gender identity in public schools, and for other purposes. that it deplored the religious persecution by f the Government of Iran of the Baha’i com- S. 3946 REPORTS OF COMMITTEES munity and would hold the Government of At the request of Mr. BAUCUS, the Iran responsible for upholding the rights of The following reports of committees name of the Senator from Delaware all Iranian nationals, including members of were submitted: (Mr. COONS) was added as a cosponsor the Baha’i faith;

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.033 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8478 CONGRESSIONAL RECORD — SENATE December 3, 2010 Whereas, according to the February 2010 minorities in Iran and its continued viola- ‘‘(c) As used in subsection (a), the terms United Nations Human Rights Council Uni- tion of the International Covenants on ‘civil action’ and ‘criminal prosecution’ in- versal Periodic Review of Iran, ‘‘The Sec- Human Rights; clude any proceeding (whether or not ancil- retary-General noted reports about Baha´ ’is (2) calls on the Government of Iran to im- lary to another proceeding) to the extent subjected to arbitrary detention, false im- mediately release the seven leaders of the that in such proceeding a judicial order, in- prisonment, confiscation and destruction of Baha’i community and all other prisoners cluding a subpoena for testimony or docu- property, citing a significant increase in vio- held solely on account of their religion, in- ments, is sought or issued. If removal is lence targeting Baha´ ’is, including torture or cluding Mrs. Fariba Kamalabadi, Mr. sought for a proceeding described in the pre- ill-treatment in custody.’’; Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. vious sentence, and there is no other basis Whereas, in August 2010, the seven former Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. for removal, only that proceeding may be re- leaders of the Iranian Baha’i community Mahvash Sabet, Mr. Vahid Tizfahm, Ms. moved to the district court.’’. were sentenced to a 20-year prison term, Raha Sabet, Mr. Sasan Taqva, Ms. Haleh On page 3, strike lines 4 through 19 and in- later reduced to a 10-year sentence, following Roohi, and Ms Rozita Vaseghi; sert the following: over two years of arbitrary detention with- (3) calls on the President and Secretary of ‘‘(g) Where the civil action or criminal out trial; State, in cooperation with the international prosecution that is removable under section Whereas numerous independent observers community, to continue to condemn the 1442(a) is a proceeding in which a judicial and legal experts, including the United Na- Government of Iran’s ongoing violation of order for testimony or documents is sought tions High Commissioner for Human Rights, human rights and demand the immediate re- or issued or sought to be enforced, the 30-day have raised serious questions about the lack lease of prisoners held solely on account of requirement of subsections (b) and (c) is sat- of due process or fairness of their trial; their religion, including Mrs. Fariba isfied if the person or entity desiring to re- Whereas over 43 Baha’is continue to be im- Kamalabadi, Mr. Jamaloddin Khanjani, Mr. move the proceeding files the notice of re- prisoned in Iran as of November 2010 solely Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz moval not later than 30 days after receiving, because of their religious beliefs; Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid through service, notice of any such pro- Whereas the Comprehensive Iran Sanc- Tizfahm, Ms. Raha Sabet, Mr. Sasan Taqva, ceeding.’’. tions, Accountability and Divestment Act of Ms. Haleh Roohi, and Ms Rozita Vaseghi; On page 3, strike line 23 and all that fol- 2010 (Public Law 111–195) calls on the Presi- (4) urges the President and Secretary of lows through page 4, line 6, and insert the dent to impose ‘‘sanctions on certain persons State to consider implementing further following: who are responsible for or complicit in sanctions against officials directly respon- SEC. 3. PAYGO COMPLIANCE. human rights abuses committed against citi- sible for egregious human rights violations, The budgetary effects of this Act, for the zens of Iran or their family members’’; including against the Baha’is; purpose of complying with the Statutory Whereas, on March 15, 2010, Ms. Rozita (5) calls on the United States Government Vaseghi was arrested and has since been held Pay-As-You-Go-Act of 2010, shall be deter- to continue to support an annual United Na- mined by reference to the latest statement in solitary confinement at the detention cen- tions General Assembly resolution con- ter of the Ministry of Intelligence unit in titled ‘‘Budgetary Effects of PAYGO Legisla- demning severe violations of human rights, tion’’ for this Act, submitted for printing in Mashhad; including freedom of religion or belief, in Whereas the seven leaders of the Baha’i the Congressional Record by the Chairman of Iran; community, Fariba Kamalabadi, Jamaloddin the Senate Budget Committee, provided that (6) calls on the United States Government Khanjani, Afif Naeimi, Behrouz Tavakkoli, such statement has been submitted prior to to press for a resolution condemning severe Saeid Rezaie, Vahid Tizfahm, and Mahvash the vote on passage. violations of human rights in Iran, including Sabet, were arrested between March and May freedom of religion or belief, at the United 2008 and have remained in detention; SA 4733. Mr. DURBIN (for Mr. WEBB) Nations General Assembly and at the United Whereas, on June 14, 2010, the trial of these proposed an amendment to the bill S. Nations Human Rights Council; and seven leaders concluded after four hearings 1774, for the relief of Hotaru Nakama (7) call on the United Nations Human and on June 30 the court issued a 20-year Rights Council to restore the position of Ferschke; as follows: prison sentence for each which was subse- At the end, add the following: quently verbally changed to a 10-year sen- United Nations Special Rapporteur on the situation of human rights in Iran with the (e) PAYGO.—The budgetary effects of this tence; Act, for the purpose of complying with the Whereas, on October 12, 2009, Christian pas- task of investigating and reporting on human rights abuses in Iran. Statutory Pay-As-You-Go-Act of 2010, shall tor Youcef Nadarkhani was arrested in be determined by reference to the latest northern Iran and faces a death sentence for f statement titled ‘‘Budgetary Effects of apostasy after he questioned the Muslim mo- PAYGO Legislation’’ for this Act, submitted nopoly on religious instruction his children AMENDMENTS SUBMITTED AND for printing in the Congressional Record by were receiving in school; PROPOSED the Chairman of the Senate Budget Com- Whereas, in recent years, there has been a SA 4732. Mr. DURBIN (for Mr. LEAHY) pro- mittee, provided that such statement has significant increase in the number of inci- posed an amendment to the bill H.R. 5281, to been submitted prior to the vote on passage. dents of Iranian authorities raiding church amend title 28, United States Code, to clarify f services, detaining worshippers and church and improve certain provisions relating to leaders, and harassing and threatening the removal of litigation against Federal of- AUTHORITY FOR COMMITTEES TO church members; ficers or agencies to Federal courts, and for MEET Whereas official policies promoting anti- other purposes. Semitism have risen sharply in Iran, particu- SA 4733. Mr. DURBIN (for Mr. WEBB) pro- COMMITTEE ON ARMED SERVICES larly since President Ahmadinejad came to posed an amendment to the bill S. 1774, for Mr. DURBIN. Mr. President, I ask power in 2005; the relief of Hotaru Nakama Ferschke. unanimous consent that the Com- Whereas, on July 23, 2009, riot police and mittee on Armed Services be author- security forces injured and arrested 20 Sufi f ized to meet during the session of the practitioners in Gonabad who then received TEXT OF AMENDMENTS sentences of flogging or imprisonment in Senate on Friday, December 3, 2010, at May 2010; SA 4732. Mr. DURBIN (for Mr. LEAHY) 9 a.m. Whereas, in January 2009, Jamshid Lak, a proposed an amendment to the bill The PRESIDING OFFICER. Without Sufi of the Gonabadi Dervish order, was H.R. 5281, to amend title 28, United objection, it is so ordered. flogged 74 times after being charged in 2006 States Code, to clarify and improve f with slander after reportedly publicly com- certain provisions relating to the re- plaining of ill treatment by the Ministry of moval of litigation against Federal of- PRIVILEGES OF THE FLOOR Intelligence; ficers or agencies to Federal courts, Mr. BAUCUS. Mr. President, I ask Whereas, in July 2008, plain clothes secu- unanimous consent that the following rity officers raided the home of Isfahan Ira- and for other purposes; as follows: nian Christians Abbas Amiri and Sakineh On page 2, strike lines 8 through 18 and in- staff be allowed floor privileges during Rahnama during a meeting, and both Amiri sert the following: the consideration of the tax bill: Mary and Rahnama died of injuries suffered during United States Code, is amended— Baker, Danielle Dellerson, Andrew the raid; (1) in subsection (a), in the matter pre- Fishburn, William Kellogg, Nicole Whereas these individuals were targeted ceding paragraph (1)— Lemire, Deborah Ma, Nicole solely on the basis of their religion; and (A) by inserting ‘‘that is’’ after ‘‘or crimi- Marchman, John Merrick, Kane Whereas the Government of Iran is party nal prosecution’’; Ossorio, Manishi Rodrigo, and Greg (B) by inserting ‘‘and that is’’ after ‘‘in a to the International Covenants on Human Sullivan. Rights: Now, therefore, be it State court’’; and Resolved, That the Senate— (C) by inserting ‘‘or directed to’’ after The ACTING PRESIDENT pro tem- (1) condemns the Government of Iran for ‘‘against’’; and pore. Without objection, it is so or- its state-sponsored persecution of religious (2) by adding at the end the following: dered.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.039 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8479 NATIONAL AND COMMERCIAL (A) in subparagraph (A), by inserting ‘‘and Subtitle A—General Program SPACE PROGRAMS close to 1⁄3 of all child maltreatment-related fa- SEC. 111. ADVISORY BOARD. talities in fiscal year 2008 were attributed to ne- Mr. DURBIN. Mr. President, I ask Section 102 of the Child Abuse Prevention glect alone’’ after ‘‘maltreatment’’; and and Treatment Act (42 U.S.C. 5102) is amend- unanimous consent that the Senate (B) in subparagraph (B)— ed— proceed to the immediate consider- (i) by striking ‘‘60 percent’’ and inserting (1) in subsection (c)— ation of Calendar No. 371, H.R. 3237. ‘‘ø59¿71 percent’’; (A) in paragraph (4), by striking ‘‘medicine The PRESIDING OFFICER. The (ii) by striking ‘‘2001’’ and inserting (including pediatrics)’’ and inserting ‘‘health clerk will report the bill by title. ø‘‘2007’’¿‘‘fiscal year 2008’’; care providers (including pediatricians)’’; The assistant legislative clerk read (iii) by striking ‘‘19 percent’’ and inserting (B) in paragraph (12), by striking ‘‘and’’; as follows: ‘‘ø11¿16 percent’’; (C) in paragraph (13), by striking the period and inserting ‘‘; and’’; and A bill (H.R. 3237) to enact certain laws re- (iv) by striking ‘‘10 percent’’ and inserting (D) by adding at the end the following: lating to national and commercial space pro- ø‘‘slightly less than 8 percent’’¿‘‘9 percent’’; ‘‘(14) Indian tribes or tribal organiza- grams as title 51, United States Code, Na- and tions.’’; and tional and Commercial Space Programs. (v) by striking ‘‘and 7 percent suffered ø (2) in subsection (f)— There being no objection, the Senate emotional maltreatment’’ and inserting ‘‘, 4 percent suffered psychological maltreat- (A) in paragraph (1), by inserting ‘‘tribal,’’ proceeded to consider the bill. ment, and 13 percent were victims of mul- after ‘‘State,’’ each place such term appears; Mr. DURBIN. Mr. President, I ask tiple maltreatments¿7 percent suffered psy- and (B) in paragraph (2)— unanimous consent that the bill be chological maltreatment, 2 percent experienced (i) by striking ‘‘abuse or neglect which’’ read a third time and passed, the mo- medical neglect, and 9 percent were victims of and inserting ‘‘child abuse or neglect tion to reconsider be laid upon the other forms of maltreatment’’; which’’; and table, with no intervening action or de- (3) in paragraph (3)— (ii) by striking ‘‘Federal and State’’ and in- (A) in subparagraph (A) by inserting ‘‘or bate, and any statements related to the serting ‘‘Federal, State, and tribal’’. neglect’’ after ‘‘abuse’’; bill be printed in the RECORD. SEC. 112. NATIONAL CLEARINGHOUSE. (B) in subparagraph (B), by striking ‘‘2001, The PRESIDING OFFICER. Without Section 103 of the Child Abuse Prevention an estimated 1,300’’ and inserting ø‘‘2007, an objection, it is so ordered. and Treatment Act (42 U.S.C. 5104) is amend- ¿ The bill (H.R. 3237) was ordered to a estimated 1,760’’ ‘‘fiscal year 2008, an esti- ed— third reading, was read the third time, mated 1,740’’; and (1) in subsection (a), by inserting ‘‘and ne- (C) in subparagraph (C)— glect’’ before the period; and passed. ø ¿ (i) by inserting ‘‘in 2007 fiscal year 2008,’’ (2) in subsection (b)— f after ‘‘(C)’’; (A) by redesignating paragraphs (2) CAPTA REAUTHORIZATION ACT OF (ii) by striking ‘‘41 percent’’ and inserting through (5) as paragraphs (4) through (7), re- ø ¿ 2010 ‘‘ 42 45 percent’’; spectively; (iii) by striking ‘‘85 percent’’ and inserting (B) by striking paragraph (1) and inserting Mr. DURBIN. Mr. President, I ask ‘‘ø76¿72 percent’’; the following: unanimous consent the Senate proceed (iv) by striking ‘‘6 years’’ and inserting ‘‘4 ‘‘(1) maintain, coordinate, and disseminate to the immediate consideration of Cal- years’’; and information on øall¿ effective programs, in- endar No. 670, S. 3817. (v) by striking ‘‘abuse’’ each place it ap- cluding private and community-based pro- The PRESIDING OFFICER. The pears and inserting ‘‘maltreatment’’; grams, that have demonstrated success with clerk will report the bill by title. (4) in paragraph (4)(B), by striking ‘‘slight- respect to the prevention, assessment, iden- The assistant legislative clerk read ly’’ and all that follows and inserting ‘‘ap- tification, and treatment of child abuse or ø ¿ ø as follows: proximately 38 37 percent of victims of neglect and hold the potential for broad child abuse did not receive post-investiga- scale¿broad-scale implementation and rep- A bill (S. 3817) to amend the Child Abuse tion services in ø2007¿fiscal year 2008;’’; lication; Prevention and Treatment Act, the Family (5) by redesignating paragraphs (5) through ‘‘(2) maintain, coordinate, and disseminate Violence Prevention and Services Act, the (13) as paragraphs (6) through (11) and (13) information on the medical diagnosis and Child Abuse Prevention and Treatment and through (15), respectively; treatment of child abuse øor¿and neglect; Adoption Reform Act of 1978, and the Aban- (6) by inserting after paragraph (4) of this ‘‘(3) maintain and disseminate information doned Infants Assistance Act of 1988 to reau- section the following: on best practices relating to differential re- thorize the Acts, and for other purposes. ‘‘(5) African-American children, American sponse;’’; There being no objection, the Senate Indian children, Alaska Native children, and (C) in paragraph (4), as redesignated by proceeded to consider the bill, which children of multiple races and ethnicities ex- subparagraph (A) of this paragraph, by in- had been reported from the Committee perience the highest rates of child abuse or serting ‘‘and disseminate’’ after ‘‘maintain’’; on Health, Education, Labor, and Pen- neglect;’’; (D) in paragraph (5), as redesignated by sions, with amendments, as follows: (7) in paragraph (6), as redesignated by subparagraph (A) of this paragraph— (The parts of the bill intended to be paragraph (5) of this section— (i) in subparagraph (B), by inserting ‘‘(42 U.S.C. 5105 note)’’ before the semicolon; and stricken are shown in boldface brack- (A) in subparagraph (A), by inserting ‘‘do- mestic violence services,’’ after ‘‘mental (ii) in subparagraph (C), by striking ‘‘alco- ets and the parts of the bill intended to hol or drug’’ and inserting ‘‘substance’’; be inserted are shown in italics.) health,’’; and (B) by amending subparagraph (E) to read (E) in subparagraph (C) of paragraph (6), as S. 3817 as follows: redesignated by subparagraph (A) of this paragraph, by striking ‘‘and’’ at the end; Be it enacted by the Senate and House of Rep- ‘‘(E) recognizes the diversity of ethnic, cul- (F) in subparagraph (B) of paragraph (7), as resentatives of the United States of America in tural, and religious beliefs and traditions redesignated by subparagraph (A) of this Congress assembled, that may impact child rearing patterns, paragraph, by striking ‘‘and child welfare SECTION 1. SHORT TITLE. while not allowing the differences in those personnel.’’ and inserting ‘‘child welfare, This Act may be cited as the ‘‘CAPTA Re- beliefs and traditions to enable abuse or ne- substance abuse treatment services, and do- authorization Act of 2010’’. glect;’’; mestic violence services personnel; and’’; and TITLE I—CHILD ABUSE PREVENTION AND (8) by inserting after paragraph (11), as re- (G) by adding at the end the following: TREATMENT ACT designated by paragraph (5) of this section, ‘‘(8) collect and disseminate information, SEC. 101. FINDINGS. the following: in conjunction with the National Resource Section 2 of the Child Abuse Prevention ‘‘(12) because both child maltreatment and Centers authorized in section 310(b) of the and Treatment Act (42 U.S.C. 5101 note) is domestic violence occur in up to 60 percent Family Violence Prevention and Services amended— of the families in which either is present, Act, on effective programs and best practices (1) by striking paragraph (1) and inserting States and communities should adopt assess- for developing and carrying out collabora- the following: ments and intervention procedures aimed at tion between entities providing child protec- ‘‘(1) in ø2007, approximately 794,000 Amer- enhancing the safety both of children and tive services and entities providing domestic ican children were¿fiscal year 2008, approxi- victims of domestic violence;’’; violence services.’’; and mately 772,000 children were found by States to (9) in paragraphs (14) and (15), as redesig- (3) in subsection (c)(1)— be victims of child abuse and neglect;’’; nated by paragraph (5) of this section, by (A) by striking subparagraph (B) and in- (2) in paragraph (2)— striking ‘‘Federal government’’ and inserting serting the following: ø(A) in subparagraph (A), by inserting ‘‘, ‘‘Federal Government’’; and ‘‘(B) consult with the head of each agency and more than 34 percent of child fatalities (10) in paragraph (14), as redesignated by involved with child abuse and neglect on the in 2007 were attributed to neglect’’ after paragraph (5) of this section, by inserting development of the components for informa- ‘‘maltreatment’’; and¿ ‘‘and’’ at the end. tion collection and management of such

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.036 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8480 CONGRESSIONAL RECORD — SENATE December 3, 2010 clearinghouse and on the mechanisms for the improve the investigations, interventions, (B) by striking ‘‘subjected to abuse.’’ and sharing of such information with other Fed- delivery of services, and treatments provided inserting ‘‘subjected to, or whom the per- eral agencies and clearinghouses;’’; for such children and families;’’; sonnel suspect have been subjected to, child (B) in subparagraph (C)— (I) in subparagraph (J), as redesignated by abuse or neglect.’’. (i) in the matter preceding clause (i), by in- subparagraph (C) of this paragraph, by strik- (c) PEER REVIEW FOR øGRANTS¿FOR GRANTS serting ‘‘tribal,’’ after ‘‘State,’’; ing ‘‘low income’’ and inserting ‘‘low-in- AND CONTRACTS.—Section 104(d) of the Child ø(i)¿(ii) in clause (i), by striking ‘‘and’’ at come’’; Abuse Prevention and Treatment Act (42 the end; and (J) by inserting after subparagraph (J), as U.S.C. 5105(d)) is amended— ø(ii)¿(iii) by adding at the end the fol- redesignated by subparagraph (C) of this (1) in paragraph (1)— lowing: paragraph, the following: (A) by striking subparagraph (A) and in- ‘‘(iii) information about the incidence and ‘‘(K) the impact of child abuse and neglect characteristics of child abuse øor and neglect serting the following: on the incidence and progression of disabil- ‘‘(A) IN GENERAL.—To enhance the quality in circumstances in which domestic violence ities; is present; and and usefulness of research in the field of ‘‘(L) the nature and scope of effective prac- child abuse and neglect, the Secretary shall, ‘‘(iv) information about the incidence and tices relating to differential response, in- characteristics of child abuse and neglect in in consultation with experts in the field and cluding an analysis of best practices con- other Federal agencies, establish a formal, cases related to substance abuse;’’; and ducted by the States; (C) in subparagraph (F), by striking rigorous, and meritorious peer review proc- ‘‘(M) child abuse and neglect issues facing ess for purposes of evaluating and reviewing ‘‘abused or neglected children’’ and inserting Indians, Alaska Natives, and Native Hawai- ‘‘victims of child abuse or neglect’’. applications for assistance through a grant ians, including providing recommendations or contract under this section and deter- SEC. 113. RESEARCH AND ASSISTANCE ACTIVI- for improving the collection of child abuse TIES. mining the relative merits of the project for and neglect data from Indian tribes and Na- which such assistance is requested.’’; and (a) RESEARCH.—Section 104(a) of the Child tive Hawaiian communities;’’; Abuse Prevention and Treatment Act (42 (B) by striking subparagraph (B) and in- (K) in subparagraph (N), as redesignated by U.S.C. 5105(a)) is amended— serting the following: subparagraph (C) of this paragraph, by strik- (1) in paragraph (1)— ‘‘(B) MEMBERS.—In establishing the process ing ‘‘clauses (i) through (xi) of subparagraph (A) in the matter preceding subparagraph required by subparagraph (A), the Secretary (H)’’ and inserting ‘‘clauses (i) through (x) of (A), by striking ‘‘from abuse or neglect and shall only appoint to the peer review panels subparagraph (O)’’; and to improve the well-being of abused or ne- members who— (L) in subparagraph (O), as redesignated by glected children’’ and inserting ‘‘from child ‘‘(i) are experts in the field of child abuse subparagraph (C) of this paragraph— abuse or neglect and to improve the well- and neglect or related disciplines, with ap- (i) in clauses (i) and (ii), by inserting ‘‘and being of victims of child abuse or neglect’’; propriate expertise related to the applica- (B) in subparagraph (B), by striking ‘‘abuse neglect’’ after ‘‘abuse’’; tions to be reviewed; and and neglect on’’ and inserting ‘‘child abuse (ii) in clause (v), by striking ‘‘child abuse ‘‘(ii) are not individuals who are officers or and neglect on’’; have’’ and inserting ‘‘child abuse and neglect employees of the Administration for Chil- (C) by redesignating subparagraphs (C), have’’; and dren and Families. (D), (E), (F), (G), (H), and (I), as subpara- (iii) in clause (x), by striking ‘‘abuse’’ and ‘‘(C) MEETINGS.—The peer review panels graphs (D), (E), (F), (H), (J), (N), and (O), re- inserting ‘‘child abuse and neglect’’; shall meet as often as is necessary to facili- spectively; (2) in paragraph (2), by striking ‘‘subpara- tate the expeditious review of applications (D) by inserting after subparagraph (B) the graphs’’ and all that follows and inserting for grants and contracts under this section, following: ‘‘clauses (i) through (x) of paragraph (1)(O).’’; but shall meet not less often than once a ø‘‘(C) effective approaches to providing as- (3) in paragraph (3), by striking ‘‘Keeping year. sistance to infants or toddlers who experi- Children and Families Safe Act of 2003’’ and ‘‘(D) CRITERIA AND GUIDELINES.—The Sec- ence child abuse or neglect, together with inserting ‘‘CAPTA Reauthorization Act of retary shall ensure that the peer review ø ¿ their parents or primary caregivers, to im- 2010’’; and panel utilizes scientifically valid review cri- prove the relationship and attachment in- (4) in paragraph (4)— teria and scoring guidelines in the review of volved;’’;¿ (A) by striking ‘‘(A) The’’ and inserting the the applications for grants and contracts.’’; ‘‘(C) effective approaches to improving the re- following: and lationship and attachment of infants and tod- ‘‘(A) IN GENERAL.—The’’; and (2) in paragraph (3)— dlers who experience child abuse or neglect with (B) in subparagraph (B)— (A) by striking ‘‘(A) The’’ and inserting the their parents or primary caregivers in cir- (i) by striking all that precedes ‘‘later’’ following: cumstances where reunification is appro- and inserting the following: ‘‘(A) MERITORIOUS PROJECTS.—The’’; and priate;’’; ‘‘(B) PUBLIC COMMENT.—Not’’; (B) in subparagraph (B), by striking all (E) in subparagraph (D), as redesignated by (ii) by striking ‘‘than 2’’ and inserting that precedes ‘‘the instance’’ and inserting subparagraph (C) of this paragraph, by in- ‘‘than 1’’; and the following: serting ‘‘and neglect’’ before the semicolon; (iii) by striking ‘‘Keeping Children and ‘‘(B) EXPLANATION.—In’’. (F) in subparagraph (E), as redesignated by Families Safe Act of 2003’’ and inserting (d) DEMONSTRATION PROGRAMS AND subparagraph (C) of this paragraph— ‘‘CAPTA Reauthorization Act of 2010’’ø.¿; PROJECTS.—Section 104(e) of the Child Abuse (i) by inserting ‘‘, including best practices and Prevention and Treatment Act (42 U.S.C. to meet the needs of special populations,’’ (5) by adding at the end the following: ‘‘(4) STUDY ON SHAKEN BABY SYNDROME.—The 5105(e)) is amended— after ‘‘best practices’’; and Secretary shall conduct a study that— (1) in the matter preceding paragraph (1)— (ii) by striking ‘‘(12)’’ and inserting ‘‘(14)’’; ‘‘(A) identifies data collected on shaken baby (A) by striking ‘‘States or’’ and inserting (G) by inserting after subparagraph (F), as syndrome; ‘‘entities that are States, Indian tribes or redesignated by subparagraph (C) of this ‘‘(B) determines the feasibility of collecting tribal organizations, or’’; and paragraph, the following: uniform, accurate data from all States regard- (B) by striking ‘‘such agencies or organiza- ‘‘(G) effective practices and programs to ing— tions’’ and inserting ‘‘such entities’’; improve activities such as identification, ‘‘(i) incidence rates of shaken baby syndrome; (2) in paragraph (1)(B), by striking ‘‘safely screening, medical diagnosis, forensic diag- ‘‘(ii) characteristics of perpetrators of shaken facilitate the’’ and inserting ‘‘facilitate the nosis, health evaluations, and services, in- baby syndrome, including age, gender, relation safe’’; and cluding activities that promote collabora- to victim, access to prevention materials and re- (3) in paragraph (2)— tion between— sources, and history of substance abuse, domes- (A) by inserting ‘‘child care and early ‘‘(i) the child protective service system; tic violence, and mental illness; and childhood education and care providers,’’ and ‘‘(iii) characteristics of victims of shaken baby after ‘‘in cooperation with’’; and ‘‘(ii)(I) the medical community, including syndrome, including gender, date of birth, date (B) by striking ‘‘preschool’’ and inserting providers of mental health and develop- of injury, date of death (if applicable), and ‘‘preschools,’’. mental disability services; and short- and long-term injuries sustained.’’. ‘‘(II) providers of early childhood interven- (b) TECHNICAL ASSISTANCE.—Section 104(b) SEC. 114. GRANTS TO STATES, INDIAN TRIBES OR tion services and special education for chil- of the Child Abuse Prevention and Treat- TRIBAL ORGANIZATIONS, AND PUB- dren who have been victims of child abuse or ment Act (42 U.S.C. 5105(b)) is amended— LIC OR PRIVATE AGENCIES AND OR- neglect;’’; (1) in paragraph (1), by inserting ‘‘and pro- GANIZATIONS. (H) by inserting after subparagraph (H), as viders of mental health, substance abuse Section 105 of the Child Abuse Prevention redesignated by subparagraph (C) of this treatment, and domestic violence prevention and Treatment Act (42 U.S.C. 5106) is amend- paragraph, the following: services’’ after ‘‘disabilities’’; and ed— ‘‘(I) effective collaborations, between the (2) in paragraph (3)(B)— (1) in the heading, by striking ‘‘STATES’’ child protective system and domestic vio- (A) by striking ‘‘and child welfare per- and inserting ‘‘STATES, INDIAN TRIBES OR lence service providers, that provide for the sonnel’’ and inserting ‘‘child welfare, sub- TRIBAL ORGANIZATIONS,’’ safety of children exposed to domestic vio- stance abuse, and domestic violence services (2) in subsection (a)— lence and their nonabusing parents and that personnel’’; and (A) in the matter preceding paragraph (1)—

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.012 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8481 (i) by striking ‘‘States,’’ and inserting ‘‘en- (iii) by striking ‘‘mental health’’ and all (7) by redesignating paragraphs (10) tities that are States, Indian tribes or tribal that follows through ‘‘, for’’ and inserting through (14) as paragraphs (9) through (13), organizations, or’’; and ‘‘mental health, substance abuse, develop- respectively; (ii) by striking ‘‘such agencies or organiza- mental disabilities, and domestic violence (8) in paragraph (9), as redesignated by tions’’ and inserting ‘‘such entities’’; service agencies, and entities that carry out paragraph (7) of this subsection— (B) in paragraph (1)— community-based programs, for’’; and (A) in subparagraph (B), by striking ‘‘and’’ (i) in the matter preceding subparagraph (iv) by striking ‘‘help assure’’ and inserting at the end; (A), by striking ‘‘this section’’ and inserting ‘‘ensure’’; and (B) in subparagraph (C), by adding ‘‘and’’ ‘‘this subsection’’; ø(G)¿(H) by inserting after paragraph (5) at the end; and (ii) in subparagraph (A)— the following: (C) by adding at the end the following: (I) by inserting ‘‘health care,’’ before ‘‘(6) COLLABORATIONS BETWEEN CHILD PRO- ‘‘(D) the use of differential response in pre- ‘‘medicine,’’; TECTIVE SERVICE ENTITIES AND DOMESTIC VIO- venting child abuse and neglect;’’; (II) by inserting ‘‘child care,’’ after ‘‘edu- LENCE SERVICE ENTITIES.—The Secretary may (9) in paragraph (10), as redesignated by cation,’’; and award grants to public or private agencies paragraph (7) of this subsection, by inserting (III) by inserting ‘‘and neglect’’ before the and organizations under this section to de- ‘‘, including the use of differential response’’ semicolon; velop or expand effective collaborations be- before the semicolon; (iii) in subparagraph (B), by inserting a tween child protective service entities and (10) in paragraph (12), as redesignated by comma after ‘‘youth’’; domestic violence service entities to improve paragraph (7) of this subsection, by striking (iv) in subparagraph (D)— collaborative investigation and intervention ‘‘or’’ at the end; (I) by striking ‘‘support the enhancement procedures, provision for the safety of the (11) in paragraph (13), as redesignated by of linkages between’’ and inserting ‘‘enhance nonabusing parent involved and children, paragraph (7) of this subsection— linkages among’’; and provision of services to children exposed (A) by striking ‘‘supporting and enhanc- (II) by striking ‘‘including physical’’ and to domestic violence that also support the ing’’ and all that follows through ‘‘commu- all that follows through ‘‘partnerships’’ and caregiving role of the non-abusing parent.’’; nity-based programs’’ and inserting ‘‘sup- inserting ‘‘entities providing physical and and porting and enhancing interagency collabo- mental health services, community re- (3) in subsection (b)(4)— ration among public health agencies, agen- sources, and developmental disability agen- (A) in subparagraph (A)(ii), by striking cies in the child protective service system, cies, to improve screening, forensic diag- ‘‘neglected or abused’’ and inserting ‘‘vic- and agencies carrying out private commu- nosis, and health and developmental evalua- tims of child abuse or neglect’’; nity-based programs—’’; tions, and for partnerships’’; and (B) in subparagraphs (B)(ii) and (C)(iii), by (B) by striking ‘‘to provide’’ and inserting (III) by striking ‘‘offer creative approaches striking ‘‘abuse or neglect’’ and inserting the following: to using’’ and inserting ‘‘support the coordi- ‘‘child abuse and neglect’’; ‘‘(A) to provide’’; nated use of’’; (C) in subparagraph (C)(iii), by striking (C) by striking ‘‘systems) and’’ and insert- (v) by redesignating subparagraphs (E) ‘‘been neglected or abused’’ and inserting ing ‘‘systems), and the use of differential re- through (J) as subparagraphs (F), (G), and (I) ‘‘been a victim of child abuse or neglect’’; sponse; and’’; through (L), respectively; and (D) by striking ‘‘to address’’ and inserting (vi) by inserting after subparagraph (D) the the following: (D) in subparagraph (D), by striking ‘‘a’’ following: ‘‘(B) to address’’; after ‘‘grantee is’’ and inserting ‘‘an’’. ‘‘(E) for the training of personnel in best (E) by striking ‘‘abused or neglected’’ and practices to meet the unique needs of chil- SEC. 115. GRANTS TO STATES FOR CHILD ABUSE inserting ‘‘victims of child abuse or ne- dren with disabilities, including promoting OR NEGLECT PREVENTION AND glect;’’and TREATMENT PROGRAMS. interagency collaboration;’’; (F) by striking the period at the end and (vii) by inserting after subparagraph (G), (a) SECTION HEADING.—Section 106 of the inserting ‘‘; or’’; and as redesignated by clause (v) of this subpara- Child Abuse Prevention and Treatment Act (12) by adding at the end the following: graph, the following: (42 U.S.C. 5106a) is amended by striking the ‘‘(14) developing and implementing proce- ‘‘(H) for the training of personnel in child- section heading and inserting the following: dures for collaboration among child protec- hood development including the unique ‘‘SEC. 106. GRANTS TO STATES FOR CHILD ABUSE tive services, domestic violence services, and needs of children under age 3;’’; OR NEGLECT PREVENTION AND other agencies in— (viii) in subparagraph (J), as redesignated TREATMENT PROGRAMS.’’. ‘‘(A) investigations, interventions, and the by clause (v) of this subparagraph, by strik- (b) DEVELOPMENT AND OPERATION delivery of services and treatment provided ing ‘‘and other public and private welfare GRANTS.—Section 106(a) of the Child Abuse to children and families, including the use of agencies’’ and inserting ‘‘other public and Prevention and Treatment Act (42 U.S.C. differential response, where appropriate; and private welfare agencies, and agencies that 5106a(a)) is amended— ‘‘(B) the provision of services that assist provide early intervention services’’; (1) in the matter preceding paragraph (1), children exposed to domestic violence, and (ix) in subparagraph (K), as redesignated by striking ‘‘based on’’ and all that follows that also support the caregiving role of their by clause (v) of this subparagraph, by strik- through ‘‘18 in’’ and inserting ‘‘from allot- nonabusing parents.’’. ing ‘‘and’’ at the end; ments made under subsection (f) for’’; (c) ELIGIBILITY REQUIREMENTS.—Section (x) in subparagraph (L), as redesignated by (2) in paragraph (1), by striking ‘‘abuse and 106(b) of the Child Abuse Prevention and clause (v) of this subparagraph— neglect’’ and inserting ‘‘child abuse or ne- Treatment Act (42 U.S.C. 5106a(b)) is amend- (I) by striking ‘‘disabled infants’’ each glect’’; ed— place it appears and inserting ‘‘infants or (3) in paragraph (2)— (1) by striking paragraph (1) and inserting toddlers with disabilities’’; and (A) in subparagraph (A), by inserting ‘‘, the following: (II) by striking the period and inserting ‘‘; intra-agency, interstate, and intrastate’’ ‘‘(1) STATE PLAN.— and’’; and after ‘‘interagency’’; and ‘‘(A) IN GENERAL.—To be eligible to receive (xi) by adding at the end the following: (B) in subparagraph (B)(i), by striking a grant under this section, a State shall sub- ‘‘(M) for the training of personnel in best ‘‘abuse and neglect’’ and inserting ‘‘child mit to the Secretary a State plan that speci- practices relating to the provision of dif- abuse or neglect’’; fies the areas of the child protective services ferential response.’’; (4) in paragraph (4), by inserting ‘‘, includ- system described in subsection (a) that the (C) in paragraph (2)(C), by striking ‘‘where’’ ing the use of differential response’’ after State will address with amounts received and inserting ‘‘when’’; ‘‘protocols’’; under the grant. ø(C)¿(D) in paragraph (3), by inserting ‘‘, (5) in paragraph (6)— ‘‘(B) DURATION OF PLAN.—Each State plan leadership,’’ after ‘‘mutual support’’; (A) in subparagraph (A) by inserting ‘‘, in- shall— ø(D)¿(E) in paragraph (4), by striking all cluding the use of differential response,’’ ‘‘(i) remain in effect for the duration of the that precedes ‘‘Secretary’’ and inserting the after ‘‘strategies’’; State’s participation under this section; and following: (B) in subparagraph (B), by striking ‘‘and’’ ‘‘(ii) be periodically reviewed and revised ‘‘(4) KINSHIP CARE.—The’’; at the end; as necessary by the State to reflect changes ø(E)¿(F) in paragraph (4), by striking ‘‘in (C) in subparagraph (C), by striking ‘‘work- in the State’s strategies and programs under not more than 10 States’’; ers’’ and all that follows and inserting this section. ø(F)¿(G) in paragraph (5)— ‘‘workers; and’’; and ‘‘(C) ADDITIONAL INFORMATION.—The State (i) in the paragraph heading— (D) by adding at the end the following: shall provide notice to the Secretary— (I) by striking ‘‘BETWEEN’’ and inserting ‘‘(D) training in early childhood, child, and ‘‘(i) of any substantive changes, including ‘‘AMONG’’; and adolescent development;’’; any change to State law or regulations, re- (II) by striking ‘‘AND DEVELOPMENTAL DIS- (6) by striking paragraphs (8) and (9) and lating to the prevention of child abuse and ABILITIES’’ and inserting ‘‘SUBSTANCE ABUSE, inserting the following: neglect that may affect the eligibility of the DEVELOPMENTAL DISABILITIES, AND DOMESTIC ‘‘(8) developing, facilitating the use of, and State under this section; and VIOLENCE SERVICE’’; implementing research-based strategies and ‘‘(ii) of any significant changes in how (ii) by striking ‘‘between’’ and inserting training protocols for individuals mandated funds provided under this section are used to ‘‘among’’; to report child abuse and neglect;’’; support activities described in this section,

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.012 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8482 CONGRESSIONAL RECORD — SENATE December 3, 2010 which may differ from the activities de- ø(xiii)¿(xiv) by adding at the end the fol- (3) by striking paragraph (7) and inserting scribed in the current State application.’’; lowing: the following: (2) in paragraph (2)— ‘‘(xxiii) provisions for systems of tech- ‘‘(7)(A) The number of child protective (A) by redesignating subparagraphs (A) nology that support the State child protec- service personnel responsible for the— through (D) as subparagraphs (B) through tive service system described in subsection ‘‘(i) intake of reports filed in the previous (E), respectively; (a) and track reports of child abuse and ne- year; (B) by striking the matter preceding sub- glect from intake through final disposi- ‘‘(ii) screening of such reports; paragraph (B), as redesignated by subpara- tion;’’; ‘‘(iii) assessment of such reports; and graph (A) of this paragraph, and inserting (D) in subparagraph (C), as redesignated by ‘‘(iv) investigation of such reports. the following: subparagraph (A) of this paragraph— ‘‘(B) The average caseload for the workers ‘‘(2) CONTENTS.—A State plan submitted (i) by striking ‘‘disabled infants with’’ each described in subparagraph (A).’’; under paragraph (1) shall contain a descrip- place it appears and inserting ‘‘infants with (4) in paragraph (9), by striking ‘‘abuse or tion of the activities that the State will disabilities who have’’; and neglect’’ and inserting ‘‘child abuse or ne- carry out using amounts received under the (ii) in clause (iii), by striking ‘‘life threat- glect’’; grant to achieve the objectives of this title, ening’’ and inserting ‘‘life-threatening’’; (5) by striking paragraph (10) and inserting including— (E) in subparagraph (D), as redesignated by the following: ‘‘(A) an assurance that the State plan, to subparagraph (A) of this paragraph— ‘‘(10) For child protective service personnel the maximum extent practicable, is coordi- (i) in clause (ii), by striking ‘‘and’’ at the responsible for intake, screening, assess- nated with the State plan under part B of end; ment, and investigation of child abuse and title IV of the Social Security Act (42 U.S.C. (ii) in clause (iii), by striking ‘‘and’’ at the neglect reports in the State— 621 et seq.) relating to child welfare services end; ‘‘(A) information on the education, quali- and family preservation and family support (iii) by adding at the end the following: fications, and training requirements estab- services;’’; ‘‘(iv) policies and procedures encouraging lished by the State for child protective serv- (C) in subparagraph (B), as redesignated by the appropriate involvement of families in ice professionals, including for entry and ad- subparagraph (A) of this paragraph— decisionmaking pertaining to children who vancement in the profession, including ad- (i) in the matter preceding clause (i)— experienced child abuse or neglect; vancement to supervisory positions; (I) by striking ‘‘chief executive officer’’ ‘‘(v) policies and procedures that promote ‘‘(B) data on the education, qualifications, and inserting ‘‘Governor’’; and and enhance appropriate collaboration and training of such personnel; (II) by striking ‘‘Statewide’’ and inserting among child protective service agencies, do- ‘‘(C) demographic information of the child ‘‘statewide’’; mestic violence service agencies, substance protective service personnel; and (ii) in clause (ii)— abuse treatment agencies, and other agen- ‘‘(D) information on caseload or workload (I) in the matter preceding subclause (I)— cies in investigations, interventions, and the requirements for such personnel, including (aa) by inserting ‘‘with’’ after ‘‘born’’; and delivery of services and treatment provided requirements for average number and max- (bb) by inserting ‘‘or a Fetal Alcohol Spec- to children and families affected by child imum number of cases per child protective trum Disorder,’’ after ‘‘drug exposure,’’; and abuse or neglect, including children exposed service worker and supervisor.’’; (II) in subclause (I), by inserting ‘‘or ne- to domestic violence, where appropriate; and (6) in paragraph (11), by striking ‘‘and ne- glect’’ before the semicolon; ‘‘(vi) policies and procedures regarding the glect’’ and inserting ‘‘or neglect’’; and (iii) in clause (iii), by inserting ‘‘, or a use of differential response, as applicable;’’; (7) by adding at the end the following: Fetal Alcohol Spectrum Disorder’’ before the (F) in subparagraph (E), as redesignated by ‘‘(15) The number of children referred to a semicolon; subparagraph (A) of this paragraph— child protective services system under sub- (iv) in clause (v), by inserting ‘‘, including (i) by inserting ‘‘(42 U.S.C. 621 et seq.)’’ section (b)(2)(B)(ii). the use of differential response,’’ after ‘‘pro- after ‘‘Act’’; and ‘‘(16) The number of children determined to cedures’’; (ii) by striking the period at the end and be eligible for referral, and the number of (v) in clause (vi)— inserting a semicolon; children referred, under subsection (I) by striking ‘‘the abused or neglected (G) by inserting after subparagraph (E), as (b)(2)(B)(xxi), to agencies providing early child’’ and inserting ‘‘a victim of child abuse redesignated by subparagraph (A) of this intervention services under part C of the In- or neglect’’; and paragraph, the following: dividuals with Disabilities Education Act (20 (II) by striking ‘‘abuse or neglect’’ and in- ‘‘(F) an assurance or certification that pro- U.S.C. 1431 et seq.).’’. serting ‘‘child abuse or neglect’’; grams and training conducted under this (f) ANNUAL REPORT.—Section 106(e) of the (vi) in clause (ix), by striking ‘‘abuse and title address the unique needs of unaccom- Child Abuse Prevention and Treatment Act neglect’’ and inserting ‘‘child abuse and ne- panied homeless youth, including access to (42 U.S.C. 5106a(e)) is amended by inserting glect’’; enrollment and support øservices and ne- ‘‘and neglect’’ before the period. (vii) in clause (xi), by striking ‘‘or neglect’’ glect¿services and that such youth are eligi- (g) FORMULA.—Section 106 of the Child and inserting ‘‘and neglect’’; ble for under parts B and E of title IV of the Abuse Prevention and Treatment Act (42 (viii) in clause (xiii)— Social Security Act (42 U.S.C. 621 et seq., 670 U.S.C. 5106a) is amended by adding at the end (I) by striking ‘‘an abused or neglected et seq.) and meet the requirements of the the following: child’’ and inserting ‘‘a victim of child abuse McKinney-Vento Homeless Assistance Act ‘‘(f) ALLOTMENTS.— or neglect’’; and (42 U.S.C. 11301 et seq.); and ‘‘(1) DEFINITIONS.—In this subsection: (II) by inserting ‘‘including training in ‘‘(G) an assurance that the State, in devel- ‘‘(A) FISCAL YEAR 2009 GRANT FUNDS.—The early childhood, child, and adolescent devel- oping the State plan described in paragraph term ‘fiscal year 2009 grant funds’ means the opment,’’ after ‘‘to the role,’’; (1), has collaborated with community-based amount appropriated under section 112 for (ix) in clause (xv)(II), by striking ‘‘abuse or prevention agencies and with families af- fiscal year 2009, and not reserved under sec- neglect’’ and inserting ‘‘child abuse or ne- fected by child abuse or neglect.’’; and tion 112(a)(2). glect’’; (H) in the last sentence, by striking ‘‘sub- ‘‘(B) GRANT FUNDS.—The term ‘grant funds’ (x) in clause (xviii), by striking ‘‘abuse paragraph (A)’’ and inserting ‘‘subparagraph means the amount appropriated under sec- and’’ and inserting ‘‘abuse or’’; (B)’’; and tion 112 for a fiscal year and not reserved (xi) in clause (xvi)— (3) in paragraph (3), by striking ‘‘paragraph under section 112(a)(2). (I) in subclause (III), by striking ‘‘; or’’ and (2)(A)’’ and inserting ‘‘paragraph (2)(B)’’. inserting ‘‘;’’; and ‘‘(C) STATE.—The term ‘State’ means each (II) by adding at the end the following: (d) CITIZEN REVIEW PANELS.—Section 106(c) of the several States, the District of Colum- ‘‘(V) to have committed sexual abuse against of the Child Abuse Prevention and Treat- bia, and the Commonwealth of Puerto Rico. the surviving child or another child of such par- ment Act (42 U.S.C. 5106a(c)) is amended— ‘‘(D) TERRITORY.—The term ‘territory’ ent; or (1) in paragraph (2), by inserting before the means Guam, American Samoa, the United ‘‘(VI) to be required to register with a sex of- period the following: ‘‘, and may include States Virgin Islands, and the Common- fender registry under section 113(a) of the Adam adult former victims of child abuse or ne- wealth of the Northern Mariana Islands. Walsh Child Protection and Safety Act of 2006 glect’’; and ‘‘(2) IN GENERAL.—Except as otherwise pro- (42 U.S.C. 16913(a));’’; (2) in paragraph (4)(A)(iii)(I), by inserting vided in this section, the Secretary shall ø(xi)¿(xii) in clause (xxi), by striking ‘‘Act; ‘‘(42 U.S.C. 670 et seq.)’’ before the semicolon. make allotments to each State and territory and’’ and inserting ‘‘Act (20 U.S.C. 1431 et (e) ANNUAL STATE DATA REPORTS.—Section that applies for a grant under this section in seq.);’’; 106(d) of the Child Abuse Prevention and an amount equal to the sum of— ø(xii)¿(xiii) in clause (xxii)— Treatment Act (42 U.S.C. 5106a(d)) is amend- ‘‘(A) $50,000; and (I) by striking ‘‘not later’’ through ‘‘2003,’’; ed— ‘‘(B) an amount that bears the same rela- øand¿ (1) in paragraph (1), by striking ‘‘as abused tionship to any grant funds remaining after (II) by inserting ‘‘that meet the requirements or neglected’’ and inserting ‘‘as victims of all such States and territories have received of section 471(a)(20) of the Social Security Act child abuse or neglect’’; $50,000, as the number of children under the (42 U.S.C. 671(a)(20))’’ after ‘‘checks’’; and (2) in paragraph (4), by inserting ‘‘, includ- age of 18 in the State or territory bears to ø(II)¿(III) øin clause (xxii), ¿by adding ing use of differential response,’’ after ‘‘serv- the number of such children in all States and ‘‘and’’ at the end; and ices’’; territories that apply for such a grant.

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‘‘(3) ALLOTMENTS FOR DECREASED APPRO- Homeless Assistance Act (42 U.S.C. (b) STUDY AND REPORT RELATING TO CITIZEN PRIATION YEARS.—In the case where the grant 11434a)).’’; REVIEW PANELS.—Section 110(c) of the Child funds for a fiscal year are less than the fiscal (4) in subsection (d)(1), by striking ‘‘par- Abuse Prevention and Treatment Act (42 year 2009 grant funds, the Secretary shall ticularly’’ and inserting ‘‘including’’; U.S.C. 5106f(c)) is amended to read as follows: ratably reduce each of the allotments under (5) in subsection (e)(1)— ‘‘(c) STUDY AND REPORT RELATING TO CIT- paragraph (2) for such fiscal year. (A) in subparagraph (A), by striking ‘‘par- IZEN REVIEW PANELS.— ‘‘(4) ALLOTMENTS FOR INCREASED APPRO- ticularly’’ and inserting ‘‘including’’; ‘‘(1) IN GENERAL.—The Secretary shall con- PRIATION YEARS.— (B) in subparagraph (B)— duct a study to determine the effectiveness ‘‘(A) MINIMUM ALLOTMENTS TO STATES FOR (i) by inserting a comma after ‘‘model’’; of citizen review panels, established under INCREASED APPROPRIATIONS YEARS.—In any and section 106(c), in achieving the stated func- fiscal year for which the grant funds exceed (ii) by striking ‘‘improve the rate’’ and all tion of such panels under section 106(c)(4)(A) the fiscal year 2009 grant funds by more than that follows through ‘‘child sexual abuse of— $1,000,000, the Secretary shall adjust the al- cases’’ and inserting the following: ‘‘improve ‘‘(A) examining the policies, procedures, lotments under paragraph (2), as necessary, the prompt and successful resolution of civil and practices of State and local child protec- such that no State that applies for a grant and criminal court proceedings or enhance tion agencies; and under this section receives an allotment in the effectiveness of judicial and administra- ‘‘(B) evaluating the extent to which such an amount that is less than— tive action in child abuse and neglect cases, State and local child protection agencies are ‘‘(i) $100,000, for a fiscal year in which the particularly child sexual abuse and exploi- fulfilling their child protection responsibil- grant funds exceed the fiscal year 2009 grant tation cases, including the enhancement of ities, as described in clauses (i) through (iii) funds by more than $1,000,000 but less than performance of court-appointed attorneys of section 106(c)(4)(A). $2,000,000; and guardians ad litem for children’’; and ‘‘(2) CONTENT OF STUDY.—The study de- ‘‘(ii) $125,000, for a fiscal year in which the (C) in subparagraph (C)— scribed in paragraph (1) shall be completed grant funds exceed the fiscal year 2009 grant (i) by inserting a comma after ‘‘protocols’’; in a manner suited to the unique design of funds by at least $2,000,000 but less than (ii) by striking ‘‘from abuse’’ and inserting citizen review panels, including consider- ation of the variability among the panels $3,000,000; and ‘‘from child abuse and neglect’’; and within and between States. The study shall ‘‘(iii) $150,000, for a fiscal year in which the (iii) by striking ‘‘particularly’’ and insert- include the following: grant funds exceed the fiscal year 2009 grant ing ‘‘including’’; and ‘‘(A) Data describing the membership, or- funds by at least $3,000,000. (6) in subsection (f), by inserting ‘‘(42 ganizational structure, operation, and ad- ‘‘(B) ALLOTMENT ADJUSTMENT.—In the case U.S.C. 10603a)’’ after ‘‘1984’’. of a fiscal year for which subparagraph (A) ministration of all citizen review panels and SEC. 117. MISCELLANEOUS REQUIREMENTS. applies and the grant funds are insufficient the total number of such panels in each Section 108(d) of the Child Abuse Preven- to satisfy the requirements of such subpara- State. tion and Treatment Act (42 U.S.C. 5106d(d)) is graph (A), paragraph (2), and paragraph (5), ‘‘(B) A detailed summary of the extent to amended to read as follows: the Secretary shall, subject to paragraph (5), which collaboration and information-sharing ‘‘(d) SENSE OF CONGRESS.—It is the sense of ratably reduce the allotment of each State occurs between citizen review panels and øcongress¿Congress that the Secretary should for which the allotment under paragraph (2) State child protective services agencies or encourage all States and public and private is an amount that exceeds the applicable any other entities or State agencies. The entities that receive assistance under this minimum under subparagraph (A), as nec- summary shall include a description of the title to— essary to ensure that each State receives the outcomes that result from collaboration and ‘‘(1) ensure that children and families with applicable minimum allotment under sub- information sharing. limited English proficiency who participate paragraph (A). ‘‘(C) Evidence of the adherence and respon- in programs under this title are provided ‘‘(5) HOLD HARMLESS.—Notwithstanding siveness to the reporting requirements under with materials and services through such paragraphs (2) and (4), except as provided in section 106(c)(6) by citizen review panels and programs in an appropriate language other paragraph (3), no State or territory shall re- States. than English; and ceive a grant under this section in an ‘‘(3) REPORT.—Not later than 2 years after ‘‘(2) ensure that individuals with disabil- amount that is less than the amount such the date of enactment of the CAPTA Reau- ities who participate in programs under this State or territory received under this section thorization Act of 2010, the Secretary shall title are provided with materials and serv- for fiscal year 2009.’’. submit to the Committee on Health, Edu- ices through such programs that are appro- cation, Labor, and Pensions of the Senate SEC. 116. GRANTS TO STATES FOR PROGRAMS RE- priate to their disabilities.’’. LATING TO THE INVESTIGATION and the Committee on Education and Labor AND PROSECUTION OF CHILD SEC. 118. REPORTS. of the House of Representatives a report that ABUSE AND NEGLECT CASES. (a) IN GENERAL.—Section 110 of the Child contains the results of the study conducted Section 107 of the Child Abuse Prevention Abuse Prevention and Treatment Act (42 under paragraph (1).’’. and Treatment Act (42 U.S.C. 5106c) is U.S.C. 5106f) is amended by striking sub- SEC. 119. DEFINITIONS. amended— sections (a) and (b) and inserting the fol- Section 111 of the Child Abuse Prevention (1) in subsection (a)— lowing: and Treatment Act (42 U.S.C. 5106g) is (A) by striking paragraphs (1) and (2) and ‘‘(a) COORDINATION EFFORTS.—Not later amended— inserting the following: than 1 year after the date of enactment of (1) in paragraph (5)— ‘‘(1) the assessment and investigation of the CAPTA Reauthorization Act of 2010, the (A) by inserting ‘‘except as provided in sec- suspected child abuse and neglect cases, in- Secretary shall submit to the Committee on tion 106(f),’’ after ‘‘(5)’’; cluding cases of suspected child sexual abuse Education and Labor of the House of Rep- (B) by inserting ‘‘and’’ after ‘‘Samoa,’’; and and exploitation, in a manner that limits ad- resentatives and the Committee on Health, (C) by striking ‘‘and the Trust Territory of ditional trauma to the child and the child’s Education, Labor, and Pensions of the Sen- the Pacific Islands’’; family; ate a report on efforts to coordinate the ob- (2) in paragraph (6)(C), by striking the pe- ‘‘(2) the assessment and investigation of jectives and activities of agencies and orga- riod and inserting a semicolon; and cases of suspected child abuse-related fatali- nizations that are responsible for programs (3) by adding at the end the following: ties and suspected child neglect-related fa- and activities related to child abuse and ne- ‘‘(7) the term ‘Alaska Native’ has the talities;’’; glect. Not later than 3 years after that date meaning given the term ‘Native’ in section 3 (B) in paragraph (3), by striking ‘‘particu- of enactment, the Secretary shall submit to of the Alaska Native Claims Settlement Act larly’’ and inserting ‘‘including’’; and those committees a second report on such ef- (43 U.S.C. 1602); (C) in paragraph (4)— forts during the 3-year period following that ‘‘(8) the term ‘infant or toddler with a dis- (i) by striking ‘‘the handling’’ and insert- date of enactment. Not later than 5 years ability’ has the meaning given the term in ing ‘‘the assessment and investigation’’; and after that date of enactment, the Secretary section 632 of the Individuals with Disabil- (ii) by striking ‘‘victims of abuse’’ and in- shall submit to those committees a third re- ities Education Act (20 U.S.C. 1432); serting ‘‘suspected victims of child abuse’’; port on such efforts during the 5-year period ‘‘(9) the terms ‘Indian’, ‘Indian tribe’, and (2) in subsection (b)(1), by striking ‘‘section following that date of enactment. ‘tribal organization’ have the meanings 107(b)’’ and inserting ‘‘section 106(b)’’; ‘‘(b) EFFECTIVENESS OF STATE PROGRAMS given the terms in section 4 of the Indian (3) in subsection (c)(1)— AND TECHNICAL ASSISTANCE.—Not later than Self-Determination and Education Assist- (A) in subparagraph (G), by striking ‘‘and’’ 2 years after the date of enactment of the ance Act (25 U.S.C. 450b); at the end; CAPTA Reauthorization Act of 2010 and ‘‘(10) the term ‘Native Hawaiian’ has the (B) in subparagraph (H), by striking the pe- every 2 years thereafter, the Secretary shall meaning given the term in section 7207 of the riod and inserting a semicolon; and submit to the Committee on Education and Elementary and Secondary Education Act of (C) by adding at the end the following: Labor of the House of Representatives and 1965 (20 U.S.C. 7517); and ‘‘(I) adult former victims of child abuse or the Committee on Health, Education, Labor, ‘‘(11) the term ‘unaccompanied homeless neglect; and and Pensions of the Senate a report evalu- youth’ means an individual who is described ‘‘(J) individuals experienced in working ating the effectiveness of programs receiving in paragraphs (2) and (6) of section 725 of the with homeless children and youths (as de- assistance under section 106 in achieving the McKinney-Vento Homeless Assistance Act fined in section 725 of the McKinney-Vento objectives of section 106.’’. (42 U.S.C. 11434a).’’.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.012 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8484 CONGRESSIONAL RECORD — SENATE December 3, 2010 SEC. 120. AUTHORIZATION OF APPROPRIATIONS. (iii) by striking ‘‘(through networks where (B) by striking ‘‘family centered’’ and in- øSection 112(a)(1) of the Child Abuse Pre- appropriate)’’. serting ‘‘family-centered’’; and vention and Treatment Act (42 U.S.C. SEC. 133. ELIGIBILITY. (C) by striking ‘‘and parents with young 5106h(a)(1)) is amended by striking Section 202 of the Child Abuse Prevention children,’’ and inserting ‘‘, to parents with ‘‘$120,000,000’’ and all that follows and insert- and Treatment Act (42 U.S.C. 5116a) is young children, and to parents who are adult ing ‘‘$132,000,000 for fiscal year 2011 and such amended— former victims of domestic violence or child sums as may be necessary for each of fiscal (1) in paragraph (1)— abuse or neglect,’’; years 2012 through 2015.’’.¿Section 112(a)(1) of (A) by striking ‘‘chief executive officer’’ (4) in paragraph (3)— the Child Abuse Prevention and Treatment Act each place it appears and inserting ‘‘Gov- (A) by striking all that precedes subpara- (42 U.S.C. 5106h(a)(1)) is amended— ernor’’; and graph (C) and inserting the following: (1) by striking ‘‘2004’’ and inserting ‘‘2010’’; (B) by inserting a comma after ‘‘enhance’’; ‘‘(3)(A) provide for core child abuse and ne- and (2) in paragraphs (1), (2), and (3), by strik- glect prevention services, which may be pro- (2) by striking ‘‘2005 through 2008’’ and insert- ing ‘‘(through networks where appropriate)’’ vided directly by the local recipient of the ing ‘‘2011 through 2015’’. each place it appears; grant funds or through grants or agreements SEC. 121. RULE OF CONSTRUCTION. (3) in paragraphs (2) and (3), in the matter with other local agencies, such as— Section 113(a)(2) of the Child Abuse Preven- preceding subparagraph (A), by striking ‘‘(i) parent education, mutual support and tion and Treatment Act (42 U.S.C. 5106i(a)(2)) ‘‘chief executive officer’’ and inserting ‘‘Gov- self help, and parent leadership services; is amended by striking ‘‘abuse or neglect’’ ernor’’; and ‘‘(ii) respite care services; and inserting ‘‘child abuse or neglect’’. ø(4) in subparagraphs (A) and (B) of para- ‘‘(iii) outreach and followup services, Subtitle B—Community-Based Grants for the graph (2), by inserting ‘‘adult former victims which may include voluntary home visiting Prevention of Child Abuse or Neglect of child abuse or neglect,’’ after ‘‘parents,’’.¿ services; and SEC. 131. TITLE HEADING. (4) in paragraph (2)— ‘‘(iv) community and social service refer- The title heading of title II of the Child (A) in subparagraphs (A) and (B), by insert- rals; and’’; and Abuse Prevention and Treatment Act (42 ing ‘‘adult former victims of child abuse or ne- (B) in subparagraph (C)— U.S.C. 5116) is amended to read as follows: glect,’’ after ‘‘parents,’’; and (i) in the matter preceding clause (i), by striking ‘‘(C)’’ and inserting ‘‘(B) provide’’; ‘‘TITLE II—COMMUNITY-BASED GRANTS (B) in subparagraph (C), by inserting a comma after ‘‘State’’. (ii) by striking clause (ii) and inserting the FOR THE PREVENTION OF CHILD ABUSE following: øOR¿AND NEGLECT’’. SEC. 134. AMOUNT OF GRANT. Section 203(b)(1) of the Child Abuse Preven- ‘‘(ii) child care, early childhood education SEC. 132. PURPOSE AND AUTHORITY. tion and Treatment Act (42 U.S.C. and care, and intervention services;’’; Section 201 of the Child Abuse Prevention (iii) in clause (iii), by inserting ‘‘and par- and Treatment Act (42 U.S.C. 5116) is amend- 5116b(b)(1))— (1) in subparagraph (A), by striking all ents who are individuals with disabilities’’ ed— before the semicolon; (1) by striking subsection (a)(1) and insert- that precedes ‘‘70’’ and inserting the fol- lowing: (iv) in clause (v), by striking ‘‘scholastic ing the following: tutoring’’ and inserting ‘‘academic tutor- ‘‘(1) to support community-based efforts to ‘‘(A) 70 PERCENT.—’’; and (2) in subparagraph (B), by striking all that ing’’; develop, operate, expand, enhance, and co- (v) in clause (vii), by striking ‘‘and’’ after precedes ‘‘30’’ and inserting the following: ordinate initiatives, programs, and activities the semicolon; ‘‘(B) 30 PERCENT.—’’. to prevent child abuse and neglect and to (vi) in clause (viii), by adding ‘‘and’’ after support the coordination of resources and ac- SEC. 135. APPLICATION. the semicolon; tivities, to better strengthen and support Section 205 of the Child Abuse Prevention (vii) by adding at the end the following: families to reduce the likelihood of child and Treatment Act (42 U.S.C. 5116d) is ‘‘(ix) domestic violence service programs abuse and neglect; and’’; and amended— that provide services and treatment to chil- (2) in subsection (b)— (1) in paragraphs (1) and (2), by striking dren and their non-abusing caregivers.’’; and (A) in the matter preceding paragraph (1), ‘‘(through networks where appropriate)’’; (viii) in clause (v), by striking ‘‘scholastic by striking ‘‘hereafter’’; (2) in paragraph (2)— tutoring’’ and inserting ‘‘academic tutor- (B) in paragraph (1)— (A) by striking ‘‘and how family resource ing’’; (i) in the matter preceding subparagraph and support’’ and inserting ‘‘, including how (5) in paragraph (5), by striking ‘‘family re- (A)— community-based child abuse and neglect source and support program’’ and inserting (I) by inserting a comma after ‘‘expand- prevention’’; and ‘‘child abuse and neglect prevention pro- ing’’; and (B) by striking ‘‘services provided’’ and in- gram’’; and (II) by striking ‘‘(through networks where serting ‘‘programs provided’’; (6) in paragraph (6), by inserting a comma appropriate)’’; (3) in paragraph (4), by inserting a comma after ‘‘operation’’. (ii) in subparagraph (E), by inserting before after ‘‘operation’’; (b) TECHNICAL AMENDMENT.—Section 206(b) the semicolon the following: ‘‘, including ac- (4) in paragraph (6)— of the Child Abuse Prevention and Treat- cess to such resources and opportunities for (A) by striking ‘‘an assurance that the ment Act (42 U.S.C. 5116e(b)) is amended— unaccompanied homeless youth’’; and State has the’’ and inserting ‘‘a description (1) by striking ‘‘low income’’ and inserting (iii) by striking subparagraph (G) and in- of the State’s’’; and ‘‘low-income’’; and serting the following: (B) by striking ‘‘consumers and’’ and in- (2) by striking ‘‘family resource and sup- ‘‘(G) demonstrate a commitment to involv- serting ‘‘consumers, of family advocates, and port programs’’ and inserting ‘‘child abuse ing parents in the planning and program im- of adult former victims of child abuse or ne- and neglect prevention programs.’’. plementation of the lead agency and entities glect,’’; SEC. 137. CONFORMING AMENDMENTS. carrying out local programs funded under (5) in paragraph (7), by inserting a comma Section 207 of the Child Abuse Prevention this title, including involvement of parents after ‘‘expansion’’; and Treatment Act (42 U.S.C. ø5116g¿5119f) is of children with disabilities, parents who are (6) in paragraph (8)— amended— individuals with disabilities, racial and eth- (A) by striking ‘‘and activities’’; and (1) in paragraph (1), by inserting a comma nic minorities, and members of other under- (B) by inserting after ‘‘homelessness,’’ the after ‘‘operation’’; represented or underserved groups; and’’; following: ‘‘unaccompanied homeless (2) in paragraph (2), by inserting ‘‘which (C) in paragraph (2), by inserting after youth,’’; description shall specify whether those serv- ‘‘children and families’’ the following: ‘‘, in- (7) in paragraph (9), by inserting a comma ices are supported by research’’ after ‘‘sec- cluding unaccompanied homeless youth,’’; after ‘‘training’’; and tion 202’’; (D) in paragraph (3)— (8) in paragraph (11), by inserting a comma (3) in paragraph (4)— (i) by inserting ‘‘substance abuse treat- after ‘‘procedures’’. (A) by striking ‘‘section 205(3)’’ and insert- ment services, domestic violence services,’’ SEC. 136. LOCAL PROGRAM REQUIREMENTS. ing ‘‘section 204(3)’’; and after ‘‘mental health services,’’; øand¿ (a) IN GENERAL.—Section 206(a) of the Child (B) by inserting a comma after ‘‘oper- (ii) by striking ‘‘family resource and support Abuse Prevention and Treatment Act (42 ation’’; program’’ and inserting ‘‘community-based child U.S.C. 5116e(a)) is amended— (4) in paragraph (6)— abuse and neglect prevention program’’; and (1) in the matter preceding paragraph (1), (A) by inserting a comma after ‘‘local’’; ø(ii)¿(iii) by striking ‘‘community-based by inserting a comma after ‘‘expand’’; and family resource and support program’’ and (2) in paragraph (1)— (B) by inserting a comma after ‘‘expan- inserting ‘‘community-based child abuse and (A) by striking ‘‘parents and’’ and insert- sion’’; and neglect prevention programs’’; and ing ‘‘parents,’’; and (5) in paragraph (7), by striking ‘‘the re- (E) in paragraph (4)— (B) by inserting ‘‘in meaningful roles’’ be- sults’’ and all that follows and inserting ‘‘the ø(i) by inserting ‘‘and’’ after ‘‘reporting’’;¿ fore the semicolon; results of evaluation, or the outcomes of (i) by inserting ‘‘and reporting’’ after ‘‘infor- (3) in paragraph (2)— monitoring, conducted under the State pro- mation management’’; (A) by striking ‘‘a strategy to provide, over gram to demonstrate the effectiveness of ac- (ii) by striking the comma after ‘‘preven- time,’’ and inserting ‘‘a comprehensive strat- tivities conducted under this title in meet- tion-focused’’; and egy to provide’’; ing the purposes of the program; and’’.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.013 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8485 SEC. 138. NATIONAL NETWORK FOR COMMUNITY- ‘‘(1) the term ‘child’ means a person who has ‘‘Sec. 205. Local program requirements. BASED FAMILY RESOURCE PRO- not attained the lesser of— ‘‘Sec. 206. Performance measures. GRAMS. ‘‘(A) the age of 18; or ‘‘Sec. 207. National network for community- Section 208 of the Child Abuse Prevention ‘‘(B) except in the case of sexual abuse, the based family resource pro- and Treatment Act (42 U.S.C. 5116g) is age specified by the child protection law of the grams. amended— State in which the child resides; ‘‘Sec. 208. Definitions. (1) in paragraph (1), by inserting a comma ‘‘(2) the term ‘child abuse and neglect’ means, ‘‘Sec. 209. Authorization of appropriations.’’. after ‘‘operate’’; at a minimum, any recent act or failure to act (2) in paragraph (2), by inserting a comma TITLE II—FAMILY VIOLENCE PREVENTION on the part of a parent or caretaker, which re- AND SERVICES ACT after ‘‘operate’’; and sults in death, serious physical or emotional (3) in paragraph (4), by inserting a comma harm, sexual abuse or exploitation, or an act or SEC. 201. FAMILY VIOLENCE PREVENTION AND SERVICES. after ‘‘operate’’. failure to act which presents an imminent risk The Family Violence Prevention and Serv- øSEC. 139. DEFINITIONS. of serious harm; ices Act (42 U.S.C. 10401 et seq.) is amended øSection 209 of the Child Abuse Prevention ‘‘(3) the term ‘child with a disability’ means a to read as follows: and Treatment Act (42 U.S.C. 5116h) is child with a disability as defined in section 602 amended— of the Individuals with Disabilities Education ‘‘TITLE III—FAMILY VIOLENCE ø(1) in paragraph (1), by inserting before Act (20 U.S.C. 1401), or an infant or toddler with PREVENTION AND SERVICES the period the following: ‘‘(20 U.S.C. 1401(3), a disability as defined in section 632 of such Act ‘‘SEC. 301. øPURPOSE¿SHORT TITLE; PURPOSE. 1432(5))’’; (20 U.S.C. 1432); ‘‘øIt is the purpose of this title to—¿ ø (2) in paragraph (5)— ‘‘(4) the term ‘Governor’ means the chief exec- ‘‘(a) SHORT TITLE.—This title may be cited as ø(A) in the matter preceding subparagraph utive officer of a State; the ‘Family Violence Prevention and Services (A), by inserting ‘‘, including the services of ‘‘(5) the terms ‘Indian’,‘Indian tribe’, Act’. crisis nurseries,’’ after ‘‘short term care and‘tribal organization’ have the meanings ‘‘(b) PURPOSE.—It is the purpose of this title services’’; given the terms in section 4 of the Indian Self- to— ø(B) in subparagraphs (A) and (B), by strik- Determination and Education Assistance Act (25 ‘‘(1) assist States and Indian tribes in ef- ing ‘‘abuse or neglect’’ and inserting ‘‘child U.S.C. 450b); forts to increase public awareness about, and abuse or neglect’’; and ‘‘(6) the term ‘Secretary’ means the Secretary primary and secondary prevention of, family ø(C) in subparagraph (C), by striking of Health and Human Services; violence, domestic violence, and dating vio- ‘‘have’’ and all that follows and inserting ‘‘(7) except as provided in section 106(f), the lence; ‘‘have disabilities or chronic or terminal ill- term ‘State’ means each of the several States, ‘‘(2) assist States and Indian tribes in ef- nesses.’’; the District of Columbia, the Commonwealth of forts to provide immediate shelter and sup- ø(3) by redesignating paragraph (5) as para- Puerto Rico, the Virgin Islands, Guam, Amer- portive services for victims of family vio- graph (4); and ican Samoa, and the Commonwealth of the lence, domestic violence, or dating violence, ø(4) by adding at the end the following: Northern Mariana Islands; and and their dependents; ø‘‘(5) INDIAN TRIBE; TRIBAL ORGANIZATION.— ‘‘(8) the term ‘unaccompanied homeless youth’ ‘‘(3) provide for a national domestic vio- The terms ‘Indian tribe’ and ‘tribal organiza- means an individual who is described in para- lence hotline; tion’ have the meanings given the terms in graphs (2) and (6) of section 725 of the McKin- ‘‘(4) provide for technical assistance and section 4 of the Indian Self-Determination ney-Vento Homeless Assistance Act (42 U.S.C. training relating to family violence, domes- and Education Assistance Act (25 U.S.C. 11434a).’’. tic violence, and dating violence programs to 450b). (b) CONFORMING AMENDMENTS.—Section 111 of States and Indian tribes, local public agen- ø‘‘(6) UNACCOMPANIED HOMELESS YOUTH.— the Child Abuse Prevention and Treatment Act cies (including law enforcement agencies, The term ‘unaccompanied homeless youth’ (42 U.S.C. 5106g), as amended by section 119, is courts, and legal, social service, and health has the same meaning given the term under further amended— care professionals in public agencies), non- section 111.’’.¿ (1) by striking paragraphs (1), (2), (3), (5), (9), profit private organizations (including faith- SEC. 139. DEFINITIONS. and (11) of section 111; based and charitable organizations, commu- Section 209 of the Child Abuse Prevention and (2) by redesignating paragraphs (7), (8), and nity-based organizations, øtribal organiza- Treatment Act (42 U.S.C. 5116h) is amended— (10) as paragraphs (1), (2), and (3), respectively, tions, and voluntary associations)¿and vol- (1) by striking paragraph (1); and inserting the paragraphs before paragraph untary associations), tribal organizations, and (2) by redesignating paragraphs (2), (3), and (4); other persons seeking such assistance and (5) as paragraphs (1) through (3), respectively; (3) in paragraph (3), as so redesignated, by training. and striking ‘‘and’’ at the end; ‘‘SEC. 302. DEFINITIONS. (3) in paragraph (3), as so redesignated— (4) in paragraph (4), by adding ‘‘and’’ at the ‘‘In this title: (A) in the matter preceding subparagraph (A), end; and ‘‘(1) ALASKA NATIVE.—The term ‘Alaska by inserting ‘‘, including the services of crisis (5) by redesignating paragraph (6) as para- Native’ has the meaning given the term ‘Na- nurseries,’’ after ‘‘short term care services’’; graph (5). (B) in subparagraphs (A) and (B), by striking tive’ in section 3 of the Alaska Native Claims ‘‘abuse or neglect’’ and inserting ‘‘child abuse Subtitle C—Conforming Amendments Settlement Act (43 U.S.C. 1602). or neglect’’; and SEC. 151. AMENDMENTS TO TABLE OF CONTENTS. ‘‘(2) DATING VIOLENCE.—The term ‘dating (C) in subparagraph (C), by striking ‘‘have’’ The table of contents in section 1(b) of the violence’ has the meaning given such term in and all that follows and inserting ‘‘have disabil- Child Abuse Prevention and Treatment Act section 40002(a) of the Violence Against ities or chronic or terminal illnesses.’’. is amended— Women Act of 1994 (42 U.S.C. 13925(a)). SEC. 140. AUTHORIZATION OF APPROPRIATIONS. (1) by inserting after the item relating to sec- ‘‘(3) DOMESTIC VIOLENCE.—The term ‘do- Section 210 of the Child Abuse Prevention tion 2 the following: mestic violence’ has the meaning given such and øTreatment Act (42 U.S.C. 5116i) is ‘‘Sec. 3. General definitions.’’; term in section 40002(a) of the Violence amended by striking ‘‘$80,000,000’’ and all ø(1)¿(2) by amending the item relating to Against Women Act of 1994 (42 U.S.C. that follows and inserting ‘‘$88,000,000 for fis- section 105 to read as follows: 13925(a)). cal year 2011 and such sums as may be nec- ‘‘(4) FAMILY VIOLENCE.—The term ‘family ‘‘Sec. 105. Grants to States, Indian tribes or essary for each of fiscal years 2012 through violence’ means any act or threatened act of tribal organizations, and public 2015.’’.¿ Treatment Act (42 U.S.C. 5116i) is violence, including any forceful detention of or private agencies and organi- amended— an individual, that— zations.’’; ‘‘(A) results or threatens to result in phys- (1) by striking ‘‘2004’’ and inserting ‘‘2010’’; ø(2)¿(3) by amending the item relating to ical injury; and and section 106 to read as follows: ‘‘(B) is committed by a person against an- (2) by striking ‘‘2005 through 2008’’ and insert- ‘‘Sec. 106. Grants to States for child abuse other individual (including an elderly indi- ing ‘‘2011 through 2015’’. or neglect prevention and treat- vidual) to or with whom such person— SEC. 141. REDESIGNATION. ment programs.’’; ‘‘(i) is related by blood; Title II of the Child Abuse Prevention and ø(3)¿(4) by striking the item relating to the ‘‘(ii) is or was related by marriage or is or Treatment Act (42 U.S.C. 5116 et seq.) is title heading of title II and inserting the fol- was otherwise legally related; or amended by redesignating sections 205 lowing: ‘‘(iii) is or was lawfully residing. through 210 as sections 204 through 209, re- ‘‘(5) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- ‘‘TITLE II—COMMUNITY-BASED GRANTS spectively. TION.—The terms ‘Indian’, ‘Indian tribe’, and FOR THE PREVENTION OF CHILD SEC. 142. TRANSFER OF DEFINITIONS. ‘tribal organization’ have the meanings ABUSE OR NEGLECT’’; (a) GENERAL DEFINITIONS.—The Child Abuse given such terms in section 4 of the Indian Prevention and Treatment Act (42 U.S.C. 5101 et and Self-Determination and Education Assist- seq.) is amended by inserting after section 2 the ø(4)¿(5) by striking the items relating to ance Act (25 U.S.C. 450b). following: sections 204 through 210 and inserting the ø‘‘(6) NATIVE HAWAIIAN; NATIVE HAWAIIAN ‘‘SEC. 3. GENERAL DEFINITIONS. following: ORGANIZATION.—The term ‘Native Hawaiian’ ‘‘In this Act— ‘‘Sec. 204. Application. and ‘Native Hawaiian organization’ have the

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.013 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8486 CONGRESSIONAL RECORD — SENATE December 3, 2010 meanings given the terms in section 7207 of same authority to determine whether a pop- ization Act of 2010, to ensure accountability the Elementary and Secondary Education ulation is an underserved population as the and transparency of the actions of grantees Act of 1965 (20 U.S.C. 7517).¿ Attorney General has under that section and contractors, or as determined by the Sec- ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native Ha- 40002(a)ø(33)¿. retary to be reasonably necessary to carry waiian’ has the meaning given the term in sec- ‘‘SEC. 303. AUTHORIZATION OF APPROPRIATIONS. out this title; and tion 7207 of the Elementary and Secondary Edu- ‘‘(a) FORMULA GRANTS TO STATES.— ‘‘(5) coordinate programs within the De- cation Act of 1965 (20 U.S.C. 7517). ‘‘(1) IN GENERAL.—There is authorized to be partment of Health and Human Services, and ‘‘(7) PERSONALLY IDENTIFYING INFORMA- appropriated to carry out sections 301 seek to coordinate those programs with pro- TION.—The term ‘personally identifying in- through 312, ø$192,000,000 for fiscal year 2011 grams administered by other Federal agen- formation’ has the meaning given the term and such sums as may be necessary for each cies, that involve or øimpact¿affect efforts to in section 40002(a) of the Violence Against of fiscal years 2012 through 2015.¿$175,000,000 prevent family violence, domestic violence, Women Act of 1994 (42 U.S.C. 13925(a)). for each of fiscal years 2011 through 2015. and dating violence or the provision of as- ‘‘(8) SECRETARY.—The term ‘Secretary’ ‘‘(2) ALLOCATIONS.— sistance for adult and youth victims of fam- means the Secretary of Health and Human ‘‘(A) FORMULA GRANTS TO STATES.— ily violence, domestic violence, or dating vi- Services. ‘‘(i) RESERVATION OF FUNDS.—For any fiscal olence. ‘‘(9) SHELTER.—The term ‘shelter’ means year for which the amounts appropriated ‘‘(b) ADMINISTRATION.—The Secretary the provision of temporary refuge and sup- under paragraph (1) exceed $130,000,000, not shall— portive services in compliance with applica- less than 25 percent of such excess funds ‘‘(1) øappoint¿assign 1 or more employees of ble State law (including regulation) gov- shall be made available to carry out section the Department of Health and Human Serv- erning the provision, on a regular basis, of 312. ices to carry out the provisions of this title, shelter, safe homes, meals, and supportive ‘‘(ii) FORMULA GRANTS.—Of the amounts including carrying out evaluation and moni- services to victims of family violence, do- appropriated under paragraph (1) for a fiscal toring under this title, which employees mestic violence, or dating violence, and their year and not reserved under clause (i), not shall, prior to such appointment, have exper- dependents. less than 70 percent shall be used for making tise in the field of family violence and do- ‘‘(10) STATE.—The term ‘State’ means each grants under section 306(a). mestic violence prevention and services and, of the several States, the District of Colum- RANTS TO TRIBES.—Of the amounts to the extent practicable, have expertise in the bia, the Commonwealth of Puerto Rico, and, ‘‘(B) G field of dating violence; except as otherwise provided, Guam, Amer- appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph ‘‘(2) øprovide for the training of personnel ican Samoa, the United States Virgin Is- ¿ lands, and the Commonwealth of the North- (A)(i), not less than 10 percent shall be used and provide technical assistance in the con- ern Mariana Islands. to carry out section 309. duct of programs for the prevention and ‘‘(C) TECHNICAL ASSISTANCE AND TRAINING treatment of family violence, domestic vio- ‘‘(11) STATE DOMESTIC VIOLENCE COALI- CENTERS lence, and dating violence; TION.—The term ‘State Domestic Violence .—Of the amounts appropriated Coalition’ means a statewide nongovern- under paragraph (1) for a fiscal year and not ‘‘(3) provide for and coordinate research mental nonprofit private domestic violence reserved under subparagraph (A)(i), not less into the most effective approaches to the organization that— than 6 percent shall be used by the Secretary intervention in and prevention of family vio- ‘‘(A) has a membership that includes a ma- for making grants under section 310. lence, domestic violence, and dating vio- jority of the primary-purpose domestic vio- ‘‘(D) GRANTS FOR STATE DOMESTIC VIOLENCE lence, by— lence service providers in the State; COALITIONS.—Of the amounts appropriated ‘‘(A) consulting with experts and program ‘‘(B) has board membership that is rep- under paragraph (1) for a fiscal year and not providers within the family violence, domes- resentative of primary-purpose domestic vio- reserved under subparagraph (A)(i), not less tic violence, and dating violence field to lence service providers, and which may in- than 10 percent of such amounts shall be identify gaps in research and knowledge, es- clude representatives of the communities in used by the Secretary for making grants tablish research priorities, and disseminate which the services are being provided in the under section 311. research findings; State; ‘‘(E) ADMINISTRATION, EVALUATION AND ‘‘(B) collecting and reporting data on the ‘‘(C) has as its purpose to provide edu- MONITORING.—Of the amount appropriated provision of family violence, domestic vio- cation, support, and technical assistance to under paragraph (1) for a fiscal year and not lence, and dating violence services, including such service providers to enable the pro- reserved under subparagraph (A)(i), not more assistance and programs supported by Fed- viders to establish and maintain shelter and than 2.5 percent shall be used by the Sec- eral funds made available under this title supportive services for victims of domestic retary for evaluation, monitoring, and other and by other governmental or nongovern- violence and their dependents; and administrative costs under this title. mental sources of funds; and ‘‘(D) serves as an information clearing- ‘‘(b) NATIONAL DOMESTIC VIOLENCE HOT- ‘‘(C) coordinating family violence, domes- house, primary point of contact, and re- LINE.—There is authorized to be appropriated tic violence, and dating violence research ef- source center on domestic violence for the to carry out section 313 ø$5,000,000 for fiscal forts within the Department of Health and State and supports the development of po- year 2011 and such sums as may be necessary Human Services with relevant research ad- lices, protocols, and procedures to enhance for each of fiscal years 2012 through ministered or carried out by other Federal domestic violence intervention and preven- 2015.¿$3,500,000 for each of fiscal years 2011 agencies and other researchers, including re- tion in the State. through 2015. search on the provision of assistance for ‘‘(12) SUPPORTIVE SERVICES.—The term ‘‘(c) DOMESTIC VIOLENCE PREVENTION EN- adult and youth victims of family violence, ‘supportive services’ means services for adult HANCEMENT AND LEADERSHIP THROUGH ALLI- domestic violence, or dating violence; and and youth victims of family violence, domes- ANCES.—There is authorized to be appro- ‘‘(4) support the development and imple- tic violence, or dating violence, and depend- priated to carry out section 314 ø$7,000,000 for mentation of effective policies, protocols, ents exposed to family violence, domestic vi- fiscal year 2011 and such sums as may be nec- and programs within the Department and at olence, or dating violence, that are designed essary for each of fiscal years 2012 through other Federal agencies that address the safe- to— 2015.¿$6,000,000 for each of fiscal years 2011 ty and support needs of adult and youth vic- ‘‘(A) meet the needs of such victims of fam- through 2015. tims of family violence, domestic violence, ily violence, domestic violence, or dating vi- ‘‘SEC. 304. AUTHORITY OF SECRETARY. or dating violence. olence, and their dependents, for short-term, ‘‘(a) AUTHORITIES.—In order to carry out ‘‘(c) REPORTS.—Every 2 years, the Sec- transitional, or long-term safety; and the provisions of this title, the Secretary is retary shall review and evaluate the activi- ‘‘(B) provide counseling, advocacy, or as- authorized to— ties conducted by øgrantees and sub- sistance for victims of family violence, do- ‘‘(1) appoint and fix the compensation of grantees¿grantees, subgrantees, and contrac- mestic violence, or dating violence, and their such personnel as are necessary; tors under this title and the effectiveness of dependents. ‘‘(2) procure, to the extent authorized by the programs administered pursuant to this ‘‘(13) TRIBALLY DESIGNATED OFFICIAL.—The section 3109 of title 5, United States Code, title, and submit a report containing the term ‘tribally designated official’ means an such temporary and intermittent services of evaluation to the Committee on Education indiøvidual designated by an Indian tribe to experts and consultants as are necessary; and Labor of the House of Representatives receive a grant to an Indian tribe, tribal or- ‘‘(3) make grants to eligible entities or and the Committee on Health, Education, ganization, or nonprofit private organization enter into contracts with for-profit or non- Labor, and Pensions of the Senate. Such re- under section 309(a).¿vidual designated by an profit nongovernmental entities and estab- port shall also include a summary of the doc- Indian tribe, tribal organization, or nonprofit lish reporting requirements for such grant- umentation provided to the Secretary private organization authorized by an Indian ees and contractors; through performance reports submitted tribe, to administer a grant under section 309. ‘‘(4) prescribe such regulations and guid- under section 306(d). The Secretary shall ‘‘(14) UNDERSERVED POPULATIONS.—The ance as are reasonably necessary in order to make publicly available on the Department term ‘underserved populations’ has the carry out the objectives and provisions of of Health and Human Services website the meaning given the term in section this title, including regulations and guidance evaluation reports submitted to Congress 40002(a)ø(33)¿ of the Violence Against Women on implementing new grant conditions estab- under this subsection, including the sum- Act of 1994 (42 U.S.C. 13925(a)ø(33)¿). For the lished or provisions modified by amendments mary of the documentation provided to the purposes of this title, the Secretary has the made to this title by the CAPTA Reauthor- Secretary under section 306(d).

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‘‘SEC. 305. ALLOTMENT OF FUNDS. ‘‘(a) FORMULA GRANTS TO STATES.—The Sec- law referred to in subparagraph (A), with ‘‘(a) IN GENERAL.—From the sums appro- retary shall award grants to States in order to subparagraph (B), or with an applicable regu- priated under section 303 and available for assist in supporting the establishment, mainte- lation (including one prescribed to carry out grants to States under section 306(a) for any nance, and expansion of programs and subparagraph (B)), the Secretary shall notify fiscal year— projects— the chief executive officer of the State in- ‘‘(1) Guam, American Samoa, the United ‘‘(1) to prevent incidents of family violence, volved or the tribally designated official of States Virgin Islands, and the Common- domestic violence, and dating violence; the tribe involved and shall request such offi- wealth of the Northern Mariana Islands shall ‘‘(2) to provide immediate shelter, supportive cer or official to secure compliance. If, with- 1 services, and access to community-based pro- each be allotted not less than ⁄8 of 1 percent in a reasonable period of time, not to exceed grams for victims of family violence, domestic vi- of the amounts available for grants under 60 days, the chief executive officer or official olence, or dating violence, and their dependents; section 306(a) for the fiscal year for which fails or refuses to secure compliance, the the allotment is made; and and ‘‘(3) to provide specialized services for chil- Secretary may— ‘‘(2) each State shall be allotted for a grant ‘‘(i) refer the matter to the Attorney Gen- under section 306(a), $600,000, with the re- dren exposed to family violence, domestic vio- eral with a recommendation that an appro- maining funds to be allotted to each State in lence, or dating violence, underserved popu- priate civil action be instituted; an amount that bears the same ratio to such lations, and victims who are members of racial ‘‘(ii) exercise the powers and functions pro- remaining funds as the population of such and ethnic minority populations. vided by title VI of the Civil Rights Act of State bears to the population of all States. ‘‘(b) ADMINISTRATIVE EXPENSES.— ‘‘(b) POPULATION.—For the purpose of this ‘‘(1) ADMINISTRATIVE COSTS.—Each State 1964 (42 U.S.C. 2000d et seq.), the Age Dis- section, the population of each State, and may use not more than 5 percent of the grant crimination Act of 1975 (42 U.S.C. 6101 et the total population of all the States, shall funds for State administrative costs. seq.), sections 504 and 505 of the Rehabilita- be determined by the Secretary on the basis ‘‘(2) SUBGRANTS TO ELIGIBLE ENTITIES.—The tion Act of 1973 (29 U.S.C. 794, 794(a)), or title of the most recent census data available to State shall use the remainder of the grant IX of the Education Amendments of 1972 (20 the Secretary, and the Secretary shall use funds to make subgrants to eligible entities U.S.C. 1681 et seq.), as may be applicable; or for such purpose, if available, the annual in- for approved purposes as described in section ‘‘(iii) take such other action as may be pro- terim current census data produced by the 308. vided by law. Secretary of Commerce pursuant to section ‘‘(c) GRANT CONDITIONS.— ‘‘(D) ENFORCEMENT AUTHORITY OF ATTORNEY 181 of title 13, United States Code. ‘‘(1) APPROVED ACTIVITIES.—In carrying out GENERAL.—When a matter is referred to the ‘‘(c) RATABLE REDUCTION.—If the sums ap- the activities under this title, grantees and Attorney General pursuant to subparagraph propriated under section 303 for any fiscal subgrantees may collaborate with and pro- (C)(i), or whenever the Attorney General has year and available for grants to States under vide information to Federal, State, local, reason to believe that a State, an Indian section 306(a) are not sufficient to pay in full and tribal public officials and agencies, in tribe, or an entity described in subparagraph the total amounts that all States are enti- accordance with limitations on disclosure of (C) is engaged in a pattern or practice in vio- tled to receive under subsection (a) for such confidential or private information as de- lation of a provision of law referred to in fiscal year, then the maximum amounts that scribed in paragraph (5), to develop and im- subparagraph (A) or in violation of subpara- all States are entitled to receive under sub- plement policies to reduce or eliminate fam- graph (B), the Attorney General may bring a section (a) for such fiscal year shall be rat- ily violence, domestic violence, and dating civil action in any appropriate district court ably reduced. In the event that additional violence. of the United States for such relief as may be funds become available for making such ‘‘(2) DISCRIMINATION PROHIBITED.— appropriate, including injunctive relief. ‘‘(A) APPLICATION OF CIVIL RIGHTS PROVI- grants for any fiscal year during which the ‘‘(3) INCOME ELIGIBILITY STANDARDS.—No in- preceding sentence is applicable, such re- SIONS.—For the purpose of applying the pro- come eligibility standard may be imposed duced amounts shall be increased on the hibitions against discrimination on the basis upon individuals with respect to eligibility of age under the Age Discrimination Act of same basis as they were reduced. for assistance or services supported with 1975 (42 U.S.C. 6101 et seq.), on the basis of ‘‘(d) REALLOTMENT.—If, at the end of the funds appropriated to carry out this title. No disability under section 504 of the Rehabili- sixth month of any fiscal year for which fees may be levied for assistance or services tation Act of 1973 (29 U.S.C. 794), on the basis sums are appropriated under section 303, the provided with funds appropriated to carry of sex under title IX of the Education amount allotted to a State has not been out this title. Amendments of 1972 (20 U.S.C. 1681 et seq.), made available to such State in a grant ‘‘(4) MATCH.—No grant shall be made under or on the basis of race, color, or national ori- under section 306(a) because of the failure of this section to any entity other than a State gin under title VI of the Civil Rights Act of such State to meet the requirements for or an Indian tribe unless the entity agrees 1964 (42 U.S.C. 2000d et seq.), programs and such a grant, then the Secretary shall that, with respect to the costs to be incurred activities funded in whole or in part with reallot such amount to States that meet by the entity in carrying out the program or funds made available under this title are such requirements. project for which the grant is awarded, the ‘‘(e) CONTINUED AVAILABILITY OF FUNDS.— considered to be programs and activities re- entity will make available (directly or All funds allotted to a State for a fiscal year ceiving Federal financial assistance. through donations from public or private en- under this section, and made available to ‘‘(B) PROHIBITION ON DISCRIMINATION ON tities) non-Federal contributions in an such State in a grant under section 306(a), BASIS OF SEX, RELIGION.— amount that is not less than $1 for every $5 øand¿shall remain available for obligation by ‘‘(i) IN GENERAL.—No person shall on the the State until the end of the following fiscal ground of sex or religion be excluded from of Federal funds provided under the grant. year. All such funds that are not obligated by participation in, be denied the benefits of, or The non-Federal contributions required the State by the end of the following fiscal be subject to discrimination under, any pro- under this paragraph may be in cash or in year shall be made available to the Sec- gram or activity funded in whole or in part kind. retary for discretionary activities under sec- with funds made available under this title. ‘‘(5) NONDISCLOSURE OF CONFIDENTIAL OR tion 314. Such funds shall remain available Nothing in this title shall require any such PRIVATE INFORMATION.— for obligation, and for expenditure by a re- program or activity to include any indi- ‘‘(A) IN GENERAL.—In order to ensure the cipient of the funds under section 314, for not vidual in any program or activity without safety of adult, youth, and child victims of more than 1 year from the date on which the taking into consideration that individual’s family violence, domestic violence, or dating funds are made available to the Secretary. sex in those certain instances where sex is a violence, and their families, grantees and ‘‘(f) DEFINITION.—In subsection (a)(2), the bona fide occupational qualification or pro- subgrantees under this title shall protect the term ‘State’ does not include any jurisdic- grammatic factor reasonably necessary to confidentiality and privacy of such victims tion specified in subsection (a)(1). the normal or safe operation of that par- and their families. ‘‘SEC. 306. FORMULA GRANTS TO STATES. ticular program or activity. ‘‘(B) NONDISCLOSURE.—Subject to subpara- ø‘‘(a) FORMULA GRANTS TO STATES.—The ‘‘(ii) ENFORCEMENT.—The Secretary shall graphs (C), (D), and (E), grantees and sub- Secretary shall award grants to States in enforce the provisions of clause (i) in accord- grantees shall not— order to assist in supporting the establish- ance with section 602 of the Civil Rights Act ‘‘(i) disclose any personally identifying in- ment, maintenance, and expansion of pro- of 1964 (42 U.S.C. 2000d–1). Section 603 of such formation collected in connection with serv- grams and projects to prevent incidents of Act (42 U.S.C. 2000d–2) shall apply with re- ices requested (including services utilized or family violence, domestic violence, and dat- spect to any action taken by the Secretary denied), through grantees’ and subgrantees’ ing violence, to provide immediate shelter, to enforce such clause. programs; or supportive services, and access to commu- ‘‘(iii) CONSTRUCTION.—This subparagraph ‘‘(ii) reveal personally identifying informa- nity-based programs for victims of family vi- shall not be construed as affecting any legal tion without informed, written, reasonably olence, domestic violence, or dating vio- remedy provided under any other provision time-limited consent by the person about lence, and their dependents, and to provide of law. whom information is sought, whether for specialized services for children exposed to ‘‘(C) ENFORCEMENT AUTHORITIES OF SEC- this program or any other Federal or State family violence, domestic violence, or dating RETARY.—Whenever the Secretary finds that grant program, which consent— violence, underserved populations, and vic- a State, Indian tribe, or other entity that ‘‘(I) shall be given by— tims who are members of racial and ethnic has received financial assistance under this ‘‘(aa) the person, except as provided in minority populations.¿ title has failed to comply with a provision of item (bb) or (cc);

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‘‘(bb) in the case of an unemancipated mation as the Secretary may reasonably re- ‘‘(1) IN GENERAL.—The Secretary shall ap- minor, the minor and the minor’s parent or quire. prove any application that meets the re- guardian; or ‘‘SEC. 307. STATE APPLICATION. quirements of subsection (a) and section 306. ‘‘(cc) in the case of an individual with a ‘‘(a) APPLICATION.— The Secretary shall not disapprove any ap- guardian, the individual’s guardian; and ‘‘(1) IN GENERAL.—The chief executive offi- plication under this subsection unless the ‘‘(II) may not be given by the abuser or sus- cer of a State seeking funds under section Secretary gives the applicant reasonable no- pected abuser of the minor or individual with 306(a) or a tribally designated official seek- tice of the Secretary’s intention to dis- a guardian, or the abuser or suspected abuser ing funds under section 309(a) shall submit approve and a 6-month period providing an of the other parent of the minor. an application to the Secretary at such time opportunity for correction of any defi- ‘‘(C) RELEASE.—If release of information and in such manner as the Secretary may ciencies. described in subparagraph (B) is compelled reasonably require. ‘‘(2) CORRECTION OF DEFICIENCIES.—The Sec- retary shall give such notice, within 45 days by statutory or court mandate— ‘‘(2) CONTENTS.—Each such application ‘‘(i) grantees and subgrantees shall make shall— after the date of submission of the applica- reasonable attempts to provide notice to vic- ‘‘(A) provide a description of the proce- tion, if any of the provisions of subsection tims affected by the release of the informa- dures that have been developed to ensure (a) or section 306 have not been satisfied in tion; and compliance with the provisions of sections such application. If the State or Indian tribe does not correct the deficiencies in such ap- ‘‘(ii) grantees and subgrantees shall take 306(c) and 308(d); plication within the 6-month period fol- steps necessary to protect the privacy and ‘‘(B) provide, with respect to funds de- lowing the receipt of the Secretary’s notice, safety of the persons affected by the release scribed in paragraph (1), assurances that— the Secretary shall withhold payment of any of the information. ‘‘(i) not more than 5 percent of such funds grant funds under section 306 to such State ‘‘(D) INFORMATION SHARING.—Grantees and will be used for administrative costs; or under section 309 to such Indian tribe subgrantees may share— ‘‘(ii) the remaining funds will be distrib- until such date as the State or Indian tribe ‘‘(i) nonpersonally identifying information, uted to eligible entities as described in sec- provides documentation that the deficiencies in the aggregate, regarding services to their tion 308(a) for approved activities as de- have been corrected. clients and demographic nonpersonally iden- scribed in section 308(b); and ‘‘(3) STATE OR TRIBAL DOMESTIC VIOLENCE tifying information in order to comply with ‘‘(iii) in the distribution of funds by a COALITION PARTICIPATION IN DETERMINATIONS Federal, State, or tribal reporting, evalua- State under section 308(a), the State will OF COMPLIANCE.—State Domestic Violence tion, or data collection requirements; give special emphasis to the support of com- Coalitions, or comparable coalitions for In- ‘‘(ii) court-generated information and law munity-based projects of demonstrated effec- dian tribes, shall be permitted to participate enforcement-generated information con- tiveness, that are carried out by nonprofit in determining whether grantees for cor- tained in secure, governmental registries for private organizations and that— responding States or Indian tribes are in protective order enforcement purposes; and ‘‘(I) have as their primary purpose the op- compliance with subsection (a) and section ‘‘(iii) law enforcement- and prosecution- eration of shelters for victims of family vio- 306(c), except that no funds made available generated information necessary for law en- lence, domestic violence, and dating vio- under section 311 shall be used to challenge forcement and prosecution purposes. lence, and their dependents; or a determination about whether a grantee is ‘‘(E) OVERSIGHT.—Nothing in this para- ‘‘(II) provide counseling, advocacy, and in compliance with, or to seek the enforce- graph shall prevent the Secretary from dis- self-help services to victims of family vio- ment of, the requirements of this title. closing grant activities authorized in this lence, domestic violence, and dating vio- ‘‘(4) FAILURE TO REPORT; NONCONFORMING title to the Committee on Education and lence, and their dependents; EXPENDITURES.—The Secretary shall suspend Labor of the House of Representatives and ‘‘(C) in the case of an application sub- funding for an approved application if the ap- the Committee on Health, Education, Labor, mitted by a State, provide an assurance that plicant fails to submit an annual perform- and Pensions of the Senate and exercising there will be an equitable distribution of ance report under section 306(d), or if funds congressional oversight authority. In mak- grants and grant funds within the State and are expended for purposes other than those ing all such disclosures, the Secretary shall between urban and rural areas within such set forth in section 306(b), after following the protect the confidentiality of individuals and State; procedures set forth in paragraphs (1), (2), omit personally identifying information, in- ‘‘(D) in the case of an application sub- and (3). cluding location information about individ- mitted by a State, provide an assurance that uals and shelters. the State will consult with and provide for ‘‘SEC. 308. SUBGRANTS AND USES OF FUNDS. ‘‘(a) SUBGRANTS.—A State that receives a ‘‘(F) STATUTORILY PERMITTED REPORTS OF the participation of the State Domestic Vio- grant under section 306(a) shall use grant ABUSE OR NEGLECT.—Nothing in this para- lence Coalition in the planning and moni- funds described in section 306(b)(2) to provide graph shall prohibit a grantee or subgrantee toring of the distribution of grants to eligi- subgrants to eligible entities for programs from reporting abuse and neglect, as those ble entities as described in section 308(a) and and projects within such State, øto¿that is terms are defined by law, where mandated or the administration of the grant programs expressly permitted by the State or Indian designed to prevent incidents of family vio- and projects; ø tribe involved. lence, domestic violence, and dating vio- ‘‘(E) describe how the State or Indian tribe lence and to provide immediate shelter, sup- ‘‘(G) PREEMPTION.—Nothing in this para- will involve community-based organizations, portive services, or prevention services for graph shall be construed to supersede any whose primary purpose is to provide cul- provision of any Federal, State, tribal, or adult and youth victims of family violence, turally appropriate services to underserved domestic violence, or dating violence, and local law that provides greater protection populations, including how such community- their dependents, in order¿violence by pro- than this paragraph for victims of family vi- based organizations can assist the State or viding immediate shelter and supportive services olence, domestic violence, or dating vio- Indian tribe in addressing the unmet needs of for adult and youth victims of family violence, lence. such populations; domestic violence, or dating violence (and their ‘‘(H) CONFIDENTIALITY OF LOCATION.—The ‘‘(F) describe how activities and services dependents), and that may provide prevention address or location of any shelter facility as- provided by the State or Indian tribe are de- services to prevent future incidents of family sisted under this title that otherwise main- signed to reduce family violence, domestic violence, domestic violence, and dating vio- tains a confidential location shall, except violence, and dating violence, including how lence. with written authorization of the person or funds will be used to provide shelter, sup- ‘‘(b) USE OF FUNDS.— persons responsible for the operation of such portive services, and prevention services in ‘‘(1) IN GENERAL.—Funds awarded to eligi- shelter, not be made public. accordance with section 308(b); ble entities under subsection (a) shall be ‘‘(6) SUPPLEMENT NOT SUPPLANT.—Federal ‘‘(G) specify the State agency or tribally used to provide shelter, supportive services, funds made available to a State or Indian designated official to be designated as re- or prevention services to adult and youth tribe under this title shall be used to supple- sponsible for the administration of programs victims of family violence, domestic vio- ment and not supplant other Federal, State, and activities relating to family violence, lence, or dating violence, and their depend- tribal, and local public funds expended to domestic violence, øor¿and dating violence, ents, which may include— provide services and activities that promote that are carried out by the State or Indian ‘‘(A) provision, on a regular basis, of imme- the objectives of this title. tribe under this title, and for coordination of diate shelter and related supportive services ‘‘(d) REPORTS AND EVALUATION.—Each related programs within the jurisdiction of to adult and youth victims of family vio- øState¿ grantee shall submit an annual per- the State or Indian tribe; lence, domestic violence, or dating violence, formance report to the Secretary at such ‘‘(H) provide an assurance that the State and their dependents, including paying for time as shall be reasonably required by the or Indian tribe has a law or procedure that the operating and administrative expenses of Secretary. Such performance report shall de- has been implemented for the eviction of an the facilities for such shelter; scribe the grantee and subgrantee activities abusing spouse from a shared household; and ‘‘(B) assistance in øthe development that have been carried out with grant funds ‘‘(I) meet such requirements as the Sec- of¿developing safety plans, and supporting ef- made available under øsubsection retary reasonably determines are necessary forts of victims of family violence, domestic (a)¿subsection (a) or section 309, contain an to carry out the objectives and provisions of violence, or dating violence to make deci- evaluation of the effectiveness of such ac- this title. sions related to their ongoing safety and tivities, and provide such additional infor- ‘‘(b) APPROVAL OF APPLICATION.— well-being;

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‘‘(C) provision of individual and group ‘‘(1) DIRECT PAYMENTS TO VICTIMS OR DE- portions of Indian (including Alaska Native) or counseling, peer support groups, and referral PENDANTS.—No funds provided under this Native Hawaiian populations (as provided for in to community-based services to assist family title may be used as direct payment to any subsection (b)(3)); and violence, domestic violence, and dating vio- victim of family violence, domestic violence, ‘‘(ii) support training and technical assistance lence victims, and their dependents, in re- or dating violence, or to any dependent of that address emerging issues related to family covering from the effects of the violence; such victim. violence, domestic violence, or dating violence, ‘‘(D) provision of services, training, tech- ‘‘(2) VOLUNTARILY ACCEPTED SERVICES.—Re- to entities demonstrating related expertise. nical assistance, and outreach to increase ceipt of supportive services under this title ‘‘(b) DOMESTIC VIOLENCE RESOURCE CEN- awareness of family violence, domestic vio- shall be voluntary. No condition may be ap- TERS.— lence, and dating violence and increase the plied for the receipt of emergency shelter as ‘‘(1) NATIONAL RESOURCE CENTERS.—In ac- accessibility of family violence, domestic vi- described in subsection (b)(1)(A). cordance with subsection (a)(2), the Sec- olence, and dating violence services; ‘‘SEC. 309. GRANTS FOR INDIAN TRIBES. retary shall award grants to eligible entities for— ‘‘(E) provision of culturally and linguis- ‘‘(a) GRANTS AUTHORIZED.—The Secretary, tically appropriate services; in consultation with tribal governments pur- ‘‘(A) a National Resource Center on Do- ‘‘(F) provision of services for children ex- suant to Executive Order 13175 (25 U.S.C. 450 mestic Violence, which shall— posed to family violence, domestic violence, note) and in accordance with section 903 of ‘‘(i) offer a comprehensive array of tech- or dating violence, including age-appropriate the Violence Against Women and Depart- nical assistance and training resources to Federal, State, and local governmental agen- counseling, supportive services, and services ment of Justice Reauthorization Act of 2005 cies, domestic violence service providers, for the øabused¿nonabusing parent that sup- (42 U.S.C. 14045d), shall continue to award community-based organizations, and other port that parent’s role as a caregiver, which grants for Indian tribes from amounts appro- professionals and interested parties, related may, as appropriate, include services that priated under section 303(a)(2)(B) to carry to domestic violence service programs and work with the nonabusing parent and child out this section. research, including programs and research together; ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to ‘‘(G) provision of advocacy, case manage- receive a grant under this section, an entity related to victims and their children who are ment services, and information and referral shall be an Indian tribe, or a tribal organiza- exposed to domestic violence; and ‘‘(ii) maintain a central resource library in services, concerning issues related to family tion or nonprofit private organization au- order to collect, prepare, analyze, and dis- violence, domestic violence, or dating vio- thorized by an Indian tribe. An Indian tribe seminate information and statistics related lence intervention and prevention, includ- shall have the option to authorize a tribal to— ing— organization or a nonprofit private organiza- ‘‘(I) the incidence and prevention of family ‘‘(i) assistance in accessing related Federal tion to submit an application and administer violence and domestic violence; and and State financial assistance programs; the grant funds awarded under this section. ‘‘(II) the provision of shelter, supportive ‘‘(ii) legal advocacy to assist victims and ‘‘(c) CONDITIONS.—Each recipient of such a their dependents; grant shall comply with requirements that services, and prevention services to adult and youth victims of domestic violence (in- ‘‘(iii) medical advocacy, including provi- are consistent with the requirements appli- cluding services to prevent repeated inci- sion of referrals for appropriate health care cable to grantees under section 306. dents of violence); and services (including mental health, alcohol, ‘‘(d) GRANTEE APPLICATION.—To be eligible and drug abuse treatment), but which shall to receive a grant under this section, an en- ‘‘(B) a National Indian Resource Center not include reimbursement for any health tity shall submit an application to the Sec- Addressing Domestic Violence and Safety for care services; retary under section 307 at such time, in Indian Women, which shall— ‘‘(iv) assistance locating and securing safe such manner, and containing such informa- ‘‘(i) offer a comprehensive array of tech- and affordable permanent housing and home- tion as the Secretary determines to be essen- nical assistance and training resources to In- dian tribes and tribal organizations, specifi- lessness prevention services; tial to carry out the objectives and provi- cally designed to enhance the capacity of the ‘‘(v) provision of transportation, child care, sions of this title. The Secretary shall ap- tribes and organizations to respond to do- respite care, job training and employment prove any application that meets require- mestic violence and the findings of section services, financial literacy services and edu- ments consistent with the requirements of 901 of the Violence Against Women and De- cation, financial planning, and related eco- section 306(c) and section 307(a). partment of Justice Reauthorization Act of nomic empowerment services; and ‘‘(e) USE OF FUNDS.—An amount provided ‘‘(vi) parenting and other educational serv- under a grant to an eligible entity shall be 2005 (42 U.S.C. 3796gg–10 note); ices for victims and their dependents; and used for the services described in section ‘‘(ii) enhance the intervention and preven- ‘‘(H) prevention services, including out- 308(b). tion efforts of Indian tribes and tribal orga- nizations to respond to domestic violence reach to underserved populations. ‘‘SEC. 310. NATIONAL RESOURCE CENTERS AND ‘‘(2) SHELTER AND SUPPORTIVE SERVICES.— TRAINING AND TECHNICAL ASSIST- and increase the safety of Indian women in Not less than 70 percent of the funds distrib- ANCE CENTERS. support of the purposes of section 902 of the uted by a State under subsection (a) shall be ‘‘(a) PURPOSE AND GRANTS AUTHORIZED.— Violence Against Women and Department of distributed to entities for the primary pur- ‘‘(1) PURPOSE.—The purpose of this section Justice Reauthorization Act of 2005 (42 pose of providing immediate shelter and sup- is to provide resource information, training, U.S.C. 3796gg–10 note); and portive services to adult and youth victims and technical assistance relating to the ob- ‘‘(iii) coordinate activities with other Fed- of family violence, domestic violence, or dat- jectives of this title to improve the capacity eral agencies, offices, and grantees that ad- ing violence, and their dependents, as de- of individuals, organizations, governmental dress the needs of Indians (including Alaska scribed in paragraph (1)(A). Not less than 25 entities, and communities to prevent family Natives), and Native Hawaiians that experi- percent of the funds distributed by a State violence, domestic violence, and dating vio- ence domestic violence, including the Office under subsection (a) shall be distributed to lence and to provide effective intervention of Justice Services at the Bureau of Indian entities for the purpose of providing sup- services. Affairs, the Indian Health Service of the De- portive services and prevention services as ‘‘(2) GRANTS AUTHORIZED.—From the partment of Health and Human Services, and described in subparagraphs (B) through (H) amounts appropriated under this title and the Office on Violence Against Women of the of paragraph (1). reserved under section 303(a)(2)(C), the Sec- Department of Justice. ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to retary— ‘‘(2) SPECIAL ISSUE RESOURCE CENTERS.—In receive a subgrant from a State under this ‘‘(A) shall award grants to eligible entities accordance with subsection section, an entity shall be— for the establishment and maintenance of— ø(a)(2)¿(a)(2)(A)(ii), the Secretary shall award ‘‘(1) a local public agency, or a nonprofit ‘‘(i) 2 national resource centers (as pro- grants to eligible entities for special issue private organization (including faith-based vided for in subsection (b)(1)); and resource centers, which shall be national in and charitable organizations, community- ‘‘(ii) at least 7 special issue resource cen- scope and shall provide information, train- based organizations, tribal organizations, ters addressing key areas of domestic vio- ing, and technical assistance to State and and voluntary associations), that assists vic- lence, and intervention and prevention (as local domestic violence service providers. tims of family violence, domestic violence, provided for in subsection (b)(2)); and Each special issue resource center shall or dating violence, and their dependents, and ø‘‘(iii) State resource centers to reduce dis- focus on enhancing domestic violence inter- has a documented history of effective work parities in domestic violence in States with vention and prevention efforts in at least one concerning family violence, domestic vio- high proportions of Indian (including Alaska of the following areas: lence, øand¿or dating violence; or Native) or Native Hawaiian populations (as ‘‘(A) The response of the criminal and civil ‘‘(2) a partnership of 2 or more agencies or provided for in subsection (b)(3)); and justice systems to domestic violence vic- organizations that includes— ø‘‘(B) may award grants, to support train- tims, which may include the response to the ‘‘(A) an agency or organization described ing and technical assistance that address use of the self-defense plea by domestic vio- in paragraph (1); and emerging issues related to family violence, lence victims and the issuance and use of ‘‘(B) an agency or organization that has a domestic violence, or dating violence, to en- protective orders. demonstrated history of serving populations tities demonstrating related expertise.¿ ‘‘(B) The response of child protective serv- in their communities, including providing ‘‘(B) may award grants, to— ice agencies to victims of domestic violence culturally appropriate services. ‘‘(i) State resource centers to reduce dispari- and their dependents and child custody ‘‘(d) CONDITIONS.— ties in domestic violence in States with high pro- issues in domestic violence cases.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.014 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8490 CONGRESSIONAL RECORD — SENATE December 3, 2010 ‘‘(C) The response of the interdisciplinary tion that focuses primarily on issues of do- Such performance report shall describe the health care system to victims of domestic vi- mestic violence within Indian tribes and that activities that have been carried out with olence and access to health care resources submits documentation to the Secretary such grant funds, contain an evaluation of for victims of domestic violence. demonstrating— the effectiveness of the activities, and pro- ‘‘(D) The response of mental health sys- ‘‘(A) experience working with Indian tribes vide such additional information as the Sec- tems, domestic violence service programs, and tribal organizations to respond to do- retary may reasonably require. and other related systems and programs to mestic violence and the findings of section ‘‘SEC. 311. GRANTS TO STATE DOMESTIC VIO- victims of domestic violence and to their 901 of the Violence Against Women and De- LENCE COALITIONS. children who are exposed to domestic vio- partment of Justice Reauthorization Act of ‘‘(a) GRANTS.—The Secretary shall award lence. 2005 (42 U.S.C. 3796gg–10 note); grants for the funding of State Domestic Vi- ‘‘(E) In the case of 3 specific resource cen- ‘‘(B) experience providing Indian tribes and olence Coalitions. ters, enhancing domestic violence interven- tribal organizations with assistance in devel- ‘‘(b) ALLOTMENT OF FUNDS.— tion and prevention efforts øin the response oping tribally-based prevention and inter- ‘‘(1) IN GENERAL.—From the amount appro- of domestic violence service providers to¿for vention services addressing domestic vio- priated under section 303(a)(2)(D) for each victims of domestic violence who are mem- lence and safety for Indian women consistent fiscal year, the Secretary shall allot to each bers of racial and ethnic minority groups, to with the purposes of section 902 of the Vio- of the 50 States, the District of Columbia, enhance the cultural and linguistic rel- lence Against Women and Department of the Commonwealth of Puerto Rico, and øthe evancy of service delivery, resource utiliza- Justice Reauthorization Act of 2005 (42 combined¿each of the covered territories an tion, policy, research, technical assistance, U.S.C. 3796gg–10 note); amount equal to ø1⁄53 of¿1⁄56 of the amount so community education, and prevention initia- ‘‘(C) strong support for the entity’s des- appropriated for such fiscal year. tives. ignation as the National Indian Resource ‘‘(2) DEFINITION.—For purposes of this sub- ‘‘(3) STATE RESOURCE CENTERS TO REDUCE Center Addressing Domestic Violence and section, the term ø‘combined¿covered terri- TRIBAL DISPARITIES.— Safety for Indian Women from advocates tories’ means Guam, American Samoa, the ‘‘(A) IN GENERAL.—In accordance with sub- working within Indian tribes to address do- United States Virgin Islands, and the Com- section (a)(2), the Secretary øshall¿may mestic violence and the safety of Indian monwealth of the Northern Mariana Islands. award grants to eligible entities for State re- women; ‘‘(c) APPLICATION.—Each State Domestic source centers, which shall provide statewide ‘‘(D) a record of demonstrated effectiveness Violence Coalition desiring a grant under information, training, and technical assist- in assisting Indian tribes and tribal organi- this section shall submit an application to ance to Indian tribes, tribal organizations, zations with prevention and intervention the Secretary at such time, in such manner, and local domestic violence service organiza- services addressing domestic violence; and and containing such information as the Sec- tions serving Indians (including Alaska Na- ‘‘(E) the capacity to serve Indian tribes (in- retary determines to be essential to carry tives) or Native Hawaiians, in a culturally cluding Alaska Native villages and regional out the objectives of this section. The appli- sensitive and relevant manner. and village corporations) across the United cation submitted by the coalition for the ‘‘(B) REQUIREMENTS.—An eligible entity States. grant shall provide documentation of the shall use a grant provided under this para- ‘‘(3) SPECIAL ISSUE RESOURCE CENTERS CON- coalition’s work, satisfactory to the Sec- graph— CERNED WITH RACIAL AND ETHNIC MINORITY retary, demonstrating that the coalition— ‘‘(i) to offer a comprehensive array of tech- GROUPS.—To be eligible to receive a grant ‘‘(1) meets all of the applicable require- nical assistance and training resources to In- under subsection (b)(2)(E), an entity shall be ments set forth in this title; and dian tribes, tribal organizations, and pro- an entity that— ‘‘(2) demonstrates the ability øto appro- viders of services to Indians (including Alas- ‘‘(A) is a nonprofit private organization priately conduct¿to conduct appropriately all ka Natives) or Native Hawaiians, specifically that focuses primarily on issues of domestic activities described in this section, as indi- designed to enhance the capacity of the violence in a racial or ethnic community, or cated by— tribes, organizations, and providers to re- is a public or private nonprofit educational ‘‘(A) documented experience in admin- spond to domestic violence, including offer- institution that has a domestic violence in- istering Federal grants to conduct the ac- ing the resources in States in which the pop- stitute, center, or program related to cul- tivities described in subsection (d); or ulation of Indians (including Alaska Natives) turally specific issues in domestic violence; ‘‘(B) a documented history of active par- or Native Hawaiians exceeds 2.5 percent of and ticipation in the activities described in para- the total population of the State; ‘‘(B)(i) has documented experience in the graphs (1), (3), (4), and (5) of subsection (d) ‘‘(ii) to coordinate all projects and activi- areas of domestic violence prevention and and a demonstrated capacity to conduct the ties with the national resource center de- services, and experience relevant to the spe- activities described in subsection (d)(2). scribed in paragraph (1)(B), including cific racial or ethnic population to which in- ‘‘(d) USE OF FUNDS.—A coalition that re- projects and activities that involve working formation, training, technical assistance, ceives a grant under this section shall use with nontribal State and local governments and outreach would be provided under the the grant funds for administration and oper- to enhance their capacity to understand the grant; ations to further the purposes of family vio- unique needs of Indians (including Alaska ‘‘(ii) demonstrates the strong support, of lence, domestic violence, and dating violence Natives) and Native Hawaiians; and advocates from across the Nation who are intervention and prevention, through activi- ‘‘(iii) to provide comprehensive community working to address domestic violence; and ties that shall include— education and domestic violence prevention ‘‘(iii) has a record of demonstrated effec- ‘‘(1) working with local family violence, initiatives in a culturally sensitive and rel- tiveness in enhancing the cultural and lin- domestic violence, and dating violence serv- evant manner. guistic relevancy of service delivery. ice programs and providers of direct services ‘‘(c) ELIGIBILITY.— ‘‘(4) STATE RESOURCE CENTERS TO REDUCE to encourage appropriate and comprehensive ‘‘(1) IN GENERAL.—To be eligible to receive TRIBAL DISPARITIES.—To be eligible to re- responses to family violence, domestic vio- a grant under øparagraph (1)(A)¿subsection ceive a grant under subsection (b)(3), an enti- lence, and dating violence against adults or (b)(1)(A) or subparagraph (A), (B), (C), or (D) ty shall— youth within the State involved, including of subsection (b)(2), an entity shall be a non- ‘‘(A)(i) be located in a State in which the providing training and technical assistance profit private organization that focuses pri- population of Indians (including Alaska Na- and conducting State needs assessments; marily on domestic violence and that— tives) or Native Hawaiians exceeds 10 percent ‘‘(2) participating in planning and moni- ‘‘(A) provides documentation to the Sec- of the total population of the State; or toring the distribution of subgrants and retary demonstrating experience working di- ø‘‘(ii) be an Indian tribe or tribal organiza- subgrant funds within the State under sec- rectly on issues of domestic violence, and (in tion Note: Mention Native Hawaiian commu- tion 308(a); the case of an entity seeking a grant under nities or organizations in this paragraph? ‘‘(3) working in collaboration with service subsection (b)(2)) demonstrating experience that focuses primarily on issues of domestic providers and community-based organiza- working directly in the corresponding spe- violence among Indians or an institution of tions to address the needs of family violence, cific special issue area described in sub- higher education; and¿ domestic violence, and dating violence vic- section (b)(2); ‘‘(ii) be an Indian tribe, tribal organization, or tims, and their dependents, who are members ‘‘(B) includes on the entity’s advisory Native Hawaiian organization that focuses pri- of racial and ethnic minority populations board representatives who are from domestic marily on issues of domestic violence among In- and underserved populations; violence service programs and who are geo- dians or Native Hawaiians, or an institution of ‘‘(4) collaborating with and providing infor- graphically and culturally diverse; and higher education; and mation to entities in such fields as housing, ‘‘(C) demonstrates the strong support of ‘‘(B) demonstrate the ability to serve all health care, mental health, social welfare, or domestic violence service programs from regions of the State, including under- business to support the development and im- across the Nation for the entity’s designa- developed areas and areas that are geo- plementation of effective policies, protocols, tion as a national resource center or a spe- graphically distant from population centers. and programs that address the safety and cial issue resource center, as appropriate. ‘‘(d) REPORTS AND EVALUATION.—Each enti- support needs of adult and youth victims of ‘‘(2) NATIONAL INDIAN RESOURCE CENTER.— ty receiving a grant under this section shall family violence, domestic violence, or dating To be eligible to receive a grant under sub- submit a performance report to the Sec- violence; section (b)(1)(B), an entity shall be a tribal retary annually and in such manner as shall ‘‘(5) encouraging appropriate responses to organization or a nonprofit private organiza- be reasonably required by the Secretary. cases of family violence, domestic violence,

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.014 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8491 or dating violence against adults or youth, priate manner, the needs of children exposed child care, transportation, educational sup- including by working with judicial and law to family violence, domestic violence, or dat- port, respite care, supervised visitation, or enforcement agencies; ing violence. other necessary services. ‘‘(6) working with family law judges, crimi- ‘‘(2) GRANTS.—The Secretary may make ‘‘(e) REPORTS AND EVALUATION.—Each enti- nal court judges, child protective service grants to eligible entities through the pro- ty receiving a grant under this section shall agencies, and children’s advocates to develop gram established under paragraph (1) for pe- submit a performance report to the Sec- appropriate responses to child custody and riods of not more than 2 years. If the Sec- retary at such time as shall be reasonably visitation issues in cases of child exposure to retary determines that an entity has re- required by the Secretary. Such performance family violence, domestic violence, or dating ceived such a grant and been successful in report shall describe the activities that have violence and in cases in which— meeting the objectives of the grant applica- been carried out with such grant funds, con- ‘‘(A) family violence, domestic violence, or tion submitted under subsection (c), the Sec- tain an evaluation of the effectiveness of dating violence is present; and retary may renew the grant for 1 additional such activities, and provide such additional ‘‘(B) child abuse is present; period of not more than 2 years. information as the Secretary may reason- ‘‘(7) providing information to the public ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to ably require. about prevention of family violence, domes- receive a grant under this section, an entity ‘‘SEC. 313. NATIONAL DOMESTIC VIOLENCE HOT- tic violence, and dating violence, including shall be a local øagency or¿agency, a non- LINE GRANT. ‘‘(a) IN GENERAL.—The Secretary shall information targeted to underserved popu- profit private organization (including faith- award a grant to a nonprofit private entity lations; and based and charitable organizations, commu- to provide for the ongoing operation of a 24- ‘‘(8) collaborating with Indian tribes and nity-based organizations, øtribal organiza- tions, and voluntary associations)¿and vol- hour, national, toll-free telephone hotline to tribal organizations (and corresponding Native provide information and assistance to adult Hawaiian groups or communities) to address untary associations), or a tribal organization, with a demonstrated record of serving vic- and youth victims of family violence, domes- the needs of Indian (including Alaska Native) tic violence, or dating violence, family and and Native Hawaiian victims of family vio- tims of family violence, domestic violence, or dating violence and their children. household members of such victims, and per- lence, domestic violence, or dating violence, sons affected by the victimization. The Sec- as applicable in the State. ‘‘(c) APPLICATION.—An entity seeking a grant under this section shall submit an ap- retary shall give priority to applicants with ‘‘(e) LIMITATION ON USE OF FUNDS.—A coali- experience in operating a hotline that pro- tion that receives a grant under this section plication to the Secretary at such time, in such manner, and containing such informa- vides assistance to adult and youth victims shall not be required to use funds received of family violence, domestic violence, or dat- under øthis Act¿this title for the purposes de- tion as the Secretary may reasonably re- quire, including— ing violence. scribed in paragraph (5) or (6) of subsection ‘‘(b) TERM.—The Secretary shall award a ‘‘(1) a description of how the entity will (d) if the coalition provides an annual assur- grant under this section for a period of not ance to the Secretary that the coalition is— prioritize the safety of, and confidentiality ø more than 5 years. ø‘‘(1) using funds received under the Vio- of infor mation about, victims of family vio- ‘‘(c) CONDITIONS ON PAYMENT.—The provi- lence Against Women Act of 1994 for such lence, domestic violence, or dating violence sion of payments under a grant awarded ¿ purposes; and¿ and their children; mation about— under this section shall be subject to annual ‘‘(1) using funds received under section ‘‘(A) victims of family violence, victims of do- approval by the Secretary and subject to the 2001(c)(1) of the Omnibus Crime Control and mestic violence, and victims of dating violence; availability of appropriations for each fiscal Safe Streets Act of 1968 (42 U.S.C. 3796gg(c)(1)) and year to make the payments. for such purposes; and ‘‘(B) children of victims described in subpara- ‘‘(d) APPLICATION.—To be eligible to re- ‘‘(2) coordinating the activities carried out graph (A); ceive a grant under this section, an entity by the coalition under subsection (d) with ‘‘(2) a description of how the entity will shall submit an application to the Secretary the State’s activities under øthe Violence provide developmentally appropriate and that shall— Against Women Act of 1994¿part T of title I of age-appropriate services, and culturally and ‘‘(1) contain such agreements, assurances, the Omnibus Crime Control and Safe Streets Act linguistically appropriate services, to the and information, be in such form, and be sub- of 1968 (42 U.S.C. 3796gg et seq.) that address victims and children; and mitted in such manner, as the Secretary those purposes. ‘‘(3) a description of how the entity will en- shall prescribe; ‘‘(f) PROHIBITION ON LOBBYING.—No funds sure that professionals working with the ‘‘(2) include a complete description of the made available to entities under this section children receive the training and technical applicant’s plan for the operation of a na- shall be used, directly or indirectly, to influ- assistance appropriate and relevant to the tional domestic violence hotline, including ence the issuance, amendment, or revocation unique needs of children exposed to family descriptions of— of any executive order or similar promulga- violence, domestic violence, or dating vio- ‘‘(A) the training program for hotline per- tion by any Federal, State, or local agency, lence. sonnel, including technology training to en- or to undertake to influence the passage or ‘‘(d) USE OF FUNDS.—An entity that re- sure that all persons affiliated with the hot- defeat of any legislation by Congress, or by ceives a grant under this section for a family line are able to effectively operate any tech- any State or local legislative body, or State violence, domestic violence, and dating vio- nological systems used by the hotline; proposals by initiative petition, except that lence service or community-based program ‘‘(B) the hiring criteria and qualifications the representatives of the entity may testify described in subsection (a)— for hotline personnel; or make other appropriate communication— ‘‘(1) shall use the funds made available ‘‘(C) the methods for the creation, mainte- ‘‘(1) when formally requested to do so by a through the grant— nance, and updating of a resource database; legislative body, a committee, or a member ‘‘(A) to provide direct counseling, appro- ‘‘(D) a plan for publicizing the availability of the body or committee; or priate services consistent with subsection of the hotline; ‘‘(2) in connection with legislation or ap- (c)(2), or advocacy on behalf of victims of ‘‘(E) a plan for providing service to non- propriations directly affecting the activities family violence, domestic violence, or dating English speaking callers, including service of the entity. violence and their children, including coordi- through hotline personnel who have non- ‘‘(g) REPORTS AND EVALUATION.—Each enti- nating services with services provided by the English language capability; øand¿ ty receiving a grant under this section shall child welfare system; ‘‘(F) a plan for facilitating access to the hot- submit a performance report to the Sec- ‘‘(B) to provide services for line by persons with hearing impairments; and retary at such time as shall be reasonably øabused¿nonabusing parents to support those ‘‘ø(F) shall provide¿ (G) a plan for providing required by the Secretary. Such performance parents’ roles as caregivers and their roles in assistance and referrals to youth victims of report shall describe the activities that have responding to the social, emotional, and de- domestic violence and for victims of dating been carried out with such grant funds, con- velopmental needs of their children; and violence who are minors, which may be car- tain an evaluation of the effectiveness of ‘‘(C) where appropriate, to provide the ried out through a national teen dating vio- such activities, and provide such additional services described in this subsection while lence hotline; information as the Secretary may reason- working with such øan abused¿a nonabusing ‘‘(3) demonstrate that the applicant has ably require. parent and child together; and recognized expertise in the area of family vi- ‘‘(h) INDIAN REPRESENTATIVES.—For pur- ‘‘(2) may use the funds made available olence, domestic violence, øand dating¿or poses of this section, a State Domestic Vio- through the grant— dating violence and a record of high quality lence Coalition may include representatives ‘‘(A) to provide early childhood develop- service to victims of family violence, domes- of Indian tribes and tribal organizations. ment and mental health services; tic violence, or dating violence, including a ‘‘SEC. 312. SPECIALIZED SERVICES FOR ABUSED ‘‘(B) to coordinate activities with and pro- demonstration of support from advocacy PARENTS AND THEIR CHILDREN. vide technical assistance to community- groups and State Domestic Violence Coali- ‘‘(a) IN GENERAL.— based organizations serving victims of fam- tions; ‘‘(1) PROGRAM.—The Secretary shall estab- ily violence, domestic violence, or dating vi- ‘‘(4) demonstrate that the applicant has lish a grant program to expand the capacity olence or children exposed to family vio- the capacity and the expertise to maintain a of family violence, domestic violence, and lence, domestic violence, or dating violence; domestic violence hotline and a comprehen- dating violence service programs and com- and sive database of service providers; munity-based programs to prevent future do- ‘‘(C) to provide additional services and re- ‘‘(5) demonstrate the ability to provide in- mestic violence by addressing, in an appro- ferrals to services for children, including formation and referrals for callers, directly

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.014 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8492 CONGRESSIONAL RECORD — SENATE December 3, 2010 connect callers to service providers, and em- ‘‘SEC. 314. DOMESTIC VIOLENCE PREVENTION EN- provide, prevention-focused training and ploy crisis interventions meeting the stand- HANCEMENT AND LEADERSHIP technical assistance; ards of family violence, domestic violence, THROUGH ALLIANCES (DELTA). ‘‘(5) demonstrates that the applicant has and dating violence providers; ‘‘(a) IN GENERAL.—The Secretary shall the capacity to carry out collaborative com- ‘‘(6) demonstrate that the applicant has a enter into cooperative agreements with munity initiatives to prevent family vio- commitment to diversity and to the provi- State Domestic Violence Coalitions for the lence, domestic violence, and dating vio- sion of services to underserved populations, purposes of establishing, operating, and lence; and including to ethnic, racial, and non-English maintaining local community projects to ‘‘(6) contains such other information, speaking minorities, in addition to older in- prevent family violence, domestic violence, agreements, and assurances as the Secretary dividuals and individuals with disabilities; and dating violence, including violence com- may require. ‘‘(7) demonstrate that the applicant com- mitted by and against youth, using a coordi- ‘‘(f) GEOGRAPHICAL DISPERSION.—The Sec- plies with nondisclosure requirements as de- nated community response model and retary shall enter into cooperative agree- scribed in section 306(c)(5) and follows com- through prevention and education programs. ments under this section with organizations ‘‘(b) TERM.—The Secretary shall enter into prehensive quality assurance practices; and in States geographically dispersed through- a cooperative agreement under this section ‘‘(8) contain such other information as the out the Nation. for a period of not more than 5 fiscal years. Secretary may require. ‘‘(g) USE OF FUNDS.— ‘‘(c) CONDITIONS ON PAYMENT.—The provi- ‘‘(1) IN GENERAL.—An organization that en- ‘‘(e) HOTLINE ACTIVITIES.— sion of payments under a cooperative agree- ters into a cooperative agreement under sub- ‘‘(1) IN GENERAL.—An entity that receives a ment under this section shall be subject to— section (a) shall use the funds made avail- grant under this section for activities de- ‘‘(1) annual approval by the Secretary; and able through the agreement to establish, op- scribed, in whole or in part, in subsection (a) ‘‘(2) the availability of appropriations for erate, and maintain comprehensive family shall use funds made available through the each fiscal year to make the payments. violence, domestic violence, and dating vio- grant to establish and operate a 24-hour, na- ‘‘(d) ELIGIBILITY.—To be eligible to enter lence prevention programming. tional, toll-free telephone hotline to provide into a cooperative agreement under this sec- ‘‘(2) TECHNICAL ASSISTANCE, EVALUATION information and assistance to adult and tion, an organization shall— AND MONITORING.—The Secretary may use a youth victims of family violence, domestic ‘‘(1) be a State Domestic Violence Coali- portion of the funds provided under this sec- violence, or dating violence, and other indi- tion; and tion to— viduals described in subsection (a). ‘‘(2) include representatives of pertinent ‘‘(A) provide technical assistance; ‘‘(2) ACTIVITIES.—In establishing and oper- sectors of the local community, which may ‘‘(B) monitor the performance of organiza- ating the hotline, the entity— include— tions carrying out activities under the coop- ‘‘(A) shall contract with a carrier for the ‘‘(A) health care providers and State or erative agreements; and use of a toll-free telephone line; local health departments; ‘‘(C) conduct an independent evaluation of ‘‘(B) shall employ, train (including pro- ‘‘(B) the education community; the program carried out under this section. viding technology training), and supervise ‘‘(C) the faith-based community; ‘‘(3) REQUIREMENTS.—In establishing and personnel to answer incoming calls, provide ‘‘(D) the criminal justice system; operating a project under this section, an eli- counseling and referral services for callers ‘‘(E) family violence, domestic violence, gible organization shall— on a 24-hour-a-day basis, and directly con- and dating violence service program advo- ‘‘(A) establish protocols to improve and ex- nect callers to service providers; cates; pand family violence, domestic violence, and ‘‘(C) shall assemble and maintain a data- ‘‘(F) human service entities such as State dating violence prevention and intervention base of information relating to services for child services divisions; strategies within affected community sec- adult and youth victims of family violence, ‘‘(G) business and civic leaders; and tors described in subsection (d)(2); domestic violence, or dating violence to ‘‘(H) other pertinent sectors. ‘‘(B) develop comprehensive prevention which callers may be referred throughout ‘‘(e) APPLICATIONS.—An organization that plans to coordinate prevention efforts with the United States, including information on desires to enter into a cooperative agree- other community sectors; the availability of shelters and supportive ment under this section shall submit to the ‘‘(C) provide for periodic evaluation of the services for victims of family violence, do- Secretary an application, in such form and project, and analysis to assist in replication mestic violence, or dating violence; in such manner as the Secretary shall re- of the prevention strategies used in the ‘‘(D) shall widely publicize the hotline quire, that— project in other communities, and submit a throughout the United States, including to ‘‘(1) demonstrates the capacity of the ap- report under subsection (h) that contains the potential users; plicant, who may enter into a partnership evaluation and analysis; ‘‘(E) shall provide assistance and referrals with a local family violence, domestic vio- ‘‘(D) develop, replicate, or conduct com- to meet the needs of underserved populations lence, or dating violence service provider or prehensive, evidence-informed primary pre- and individuals with disabilities; community-based organization, to undertake vention programs that reduce risk factors ‘‘(F) shall provide assistance and referrals the project involved; and promote protective factors that reduce for youth victims of domestic violence and ‘‘(2) demonstrates that the project will in- the likelihood of family violence, domestic for victims of dating violence who are mi- clude a coordinated community response to violence, and dating violence, which may in- nors, which may be carried out through a na- improve and expand prevention strategies clude— tional teen dating violence hotline; through increased communication and co- ‘‘(i) educational workshops and seminars; ‘‘(G) may provide appropriate assistance ordination among all affected sectors of the ‘‘(ii) training programs for professionals; and referrals for family and household mem- local community; ‘‘(iii) the preparation of informational ma- bers of victims of family violence, domestic ‘‘(3) includes a complete description of the terial; violence, or dating violence, and persons af- applicant’s plan for the establishment and ‘‘(iv) developmentally appropriate edu- fected by the victimization described in sub- implementation of the coordinated commu- cation programs; section (a); and nity response, including a description of— ‘‘(v) other efforts to increase awareness of ‘‘(H) at the discretion of the hotline oper- ‘‘(A) the method to be used for identifica- the facts about, or to help prevent, family vi- ator, may provide øassistance or referrals tion and selection of an administrative com- olence, domestic violence, and dating vio- for¿assistance, or referrals for counseling or mittee made up of persons knowledgeable lence; and intervention, for identified adult and youth about comprehensive family violence, do- ‘‘(vi) the dissemination of information perpetrators, including self-identified per- mestic violence, and dating violence preven- about the results of programs conducted petrators, of family violence, domestic vio- tion planning to oversee the project, hire under this subparagraph; lence, or dating violence, but shall not be re- staff, assure compliance with the project ‘‘(E) utilize evidence-informed prevention quired to provide such assistance or referrals outline, and secure annual evaluation of the program planning; and in any circumstance in which the hotline op- project; ‘‘(F) recognize, in applicable cases, the erator fears the safety of a victim may be ‘‘(B) the method to be used for identifica- needs of underserved populations, racial and impacted by an øaccused abuser¿abuser or tion and selection of project staff and a linguistic populations, and individuals with suspected abuser. project evaluator; disabilities. ‘‘(C) the method to be used for identifica- ‘‘(f) REPORTS AND EVALUATION.—The entity ‘‘(h) REPORTS AND EVALUATION.—Each or- tion and selection of a project council con- ganization entering into a cooperative agree- receiving a grant under this section shall sisting of representatives of the community submit a performance report to the Sec- ment under this section shall submit a per- sectors listed in subsection (d)(2); and formance report to the Secretary at such retary at such time as shall be reasonably ‘‘(D) the method to be used for identifica- time as shall be reasonably required by the required by the Secretary. Such performance tion and selection of a steering committee Secretary. Such performance report shall de- report shall describe the activities that have consisting of representatives of the various scribe activities that have been carried out been carried out with such grant funds, con- community sectors who will chair sub- with the funds made available through the tain an evaluation of the effectiveness of committees of the project council, each of agreement, contain an evaluation of the ef- such activities, and provide such additional which will focus on 1 of the sectors; fectiveness of such activities, and provide information as the Secretary may reason- ‘‘(4) demonstrates that the applicant has such additional information as the Secretary ably require. experience in providing, or the capacity to may reasonably require. The Secretary shall

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.015 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8493 make the evaluations received under this than do children in the general population, and (1) in subsection (a), by striking all that subsection publicly available on the Depart- some require intensive services because the chil- follows ‘‘facilitate the adoption of’’ and in- ment of Health and Human Services website. dren entering foster care— serting ‘‘older children, minority children, The reports shall also be submitted to the ‘‘(A) were born to mothers who did not receive and children with special needs, particularly Committee on Education and Labor of the prenatal care; infants and toddlers with disabilities who House of Representatives and the Committee ‘‘(B) were born with life-threatening condi- have life-threatening conditions, and serv- on Health, Education, Labor, and Pensions of tions or disabilities; ices to couples considering adoption of chil- the Senate.’’. ‘‘(C) were born addicted to alcohol or other dren with special needs.’’; SEC. 202. AMENDMENTS TO OTHER LAWS. drugs; or (2) in subsection (b)— (a) TITLE 11, UNITED STATES CODE.—Section ‘‘(D) have HIV/AIDS; (A) in paragraph (1)— 707(b)(2)(A)(ii)(I) of title 11, United States Code, ‘‘(4) each year, thousands of children in foster (i) by striking ‘‘and’’ after ‘‘regarding is amended in the 4th sentence by striking ‘‘sec- care, regardless of their age, the size of the sib- adoption’’ and inserting a comma; and tion 309 of the Family Violence Prevention and ling group they are a part of, their racial or eth- (ii) by inserting ‘‘, and post-legal adoption Services Act’’ and inserting ‘‘section 302 of the nic status, their medical condition, or any phys- services’’ after ‘‘adoption assistance pro- Family Violence Prevention and Services Act’’. ical, mental or emotional disability they may grams’’; (b) INDIVIDUALS WITH DISABILITIES EDU- have, are in need of placement with permanent, (B) in paragraph (2), by inserting ‘‘, includ- CATION ACT.—Section 635(c)(2)(G) of the Indi- loving, adoptive families; ing efforts to promote the adoption of older viduals with Disabilities Education Act (20 ‘‘(5)(A) States have made important strides in children, minority children, and children U.S.C. 1435(c)(2)(G)) is amended by striking increasing the number of children who are with special needs’’ after ‘‘national level’’; ‘‘section 320 of the Family Violence Prevention placed in permanent homes with adoptive par- (C) in paragraph (7)— and Services Act’’ and inserting ‘‘section 302 of ents and in reducing the length of time children (i) by striking ‘‘study the efficacy of States the Family Violence Prevention and Services wait for such a placement; and contracting with’’ and inserting ‘‘increase Act’’. ‘‘(B) many thousands of children, however, the effective use of’’; (c) OMNIBUS CRIME CONTROL AND SAFE still remain in institutions or foster homes solely (ii) by striking the comma after ‘‘organiza- STREETS ACT OF 1968.—Section 2001(c)(2)(A) of because of legal and other barriers to such a tions)’’ and inserting ‘‘by States,’’; the Omnibus Crime Control and Safe Streets Act placement; (iii) by inserting a comma after ‘‘institu- of 1968 (42 U.S.C. 3796gg(c)(2)(A)) is amended by ‘‘(6)(A) on the last day of fiscal year 2009, tions’’; and striking ‘‘through the Family Violence Preven- there were 115,000 children waiting for adoption; (iv) by inserting ‘‘, including assisting in tion and Services Act (42 U.S.C. 10410 et seq.)’’ ‘‘(B) children waiting for adoption have had efforts to work with organizations that pro- and inserting ‘‘under section 311 of the Family parental rights of all living parents terminated mote the placement of older children, minor- Violence Prevention and Services Act’’. or the children have a permanency goal of ity children, and children with special (d) VIOLENCE AGAINST WOMEN ACT OF 1994.— adoption; needs’’ after ‘‘children for adoption’’; Section 40002(a)(26) of the Violence Against ‘‘(C)(i) the average age of children adopted (D) in paragraph (9)— Women Act of 1994 (42 U.S.C. 13925(a)(26)) is with public child welfare agency involvement (i) in subparagraph (B), by striking ‘‘and’’ amended by striking ‘‘under the Family Vio- during fiscal year 2009 was a little more than 6 at the end; lence Prevention and Services Act (42 U.S.C. years; and (ii) in subparagraph (C), by adding ‘‘and’’ 10410(b))’’ and inserting ‘‘under sections 302 and ‘‘(ii) the average age of children waiting for after the semicolon at the end; and 311 of the Family Violence Prevention and Serv- adoption on the last day of that fiscal year was (iii) by adding at the end the following: ices Act’’. a little more than 8 years of age and more than ‘‘(D) identify best practices to reduce adop- (e) VIOLENT CRIME CONTROL AND LAW EN- 30,000 of those children were 12 years of age or tion disruption and termination;’’; and FORCEMENT ACT OF 1994.—The portion of section older; and (E) in paragraph (10)— 310004(d) of the Violent Crime Control and Law ‘‘(D)(i) 25 percent of the children adopted (i) in the matter preceding subparagraph Enforcement Act of 1994 (42 U.S.C. 14214(d)) with public child welfare agency involvement (A), by inserting ‘‘tribal child welfare agen- that pertains to the definition of the term ‘‘pre- during fiscal year 2009 were African-American; cies,’’ after ‘‘local government entities,’’; vention program’’ is amended— and and (1) in paragraph (20), by striking ‘‘section ‘‘(ii) 30 percent of the children waiting for (ii) in subparagraph (A)— 40211’’ and inserting ‘‘section 313 of the Family adoption on the last day of fiscal year 2009 were (I) in clause (ii), by inserting ‘‘, including Violence Prevention and Services Act (relating African-American; developing and using procedures to notify to a hotline)’’; ‘‘(7) adoption may be the best alternative for family and relatives when a child enters the (2) in paragraph (22), by striking ‘‘section assuring the healthy development of children child welfare system’’ before the semicolon 40241’’ and inserting ‘‘sections 301 through 312 placed in foster care; at the end; of the Family Violence Prevention and Services ‘‘(8) there are qualified persons seeking to (II) by redesignating clauses (vii) and (viii) Act’’; and adopt such children who are unable to do so be- as clauses (viii) and (ix), respectively; and (3) in paragraph (24), by striking ‘‘section cause of barriers to their placement and adop- (III) by inserting after clause (vi) the fol- 40261’’ and inserting ‘‘section 314 of the Family tion; and lowing: Violence Prevention and Services Act (relating ‘‘(9) in order both to enhance the stability of ‘‘(vii) education and training of prospec- to community projects to prevent family vio- and love in the home environments of such chil- tive adoptive or adoptive parents;’’; and lence, domestic violence, and dating violence)’’. dren and to avoid wasteful expenditures of pub- (3) in subsection (d)— TITLE III—CHILD ABUSE PREVENTION lic funds, such children— (A) in paragraph (1), by striking the second AND TREATMENT AND ADOPTION RE- ‘‘(A) should not have medically indicated sentence and all that follows; and FORM ACT OF 1978 treatment withheld from them; or (B) in paragraph (2)— ‘‘(B) be maintained in foster care or institu- (i) in subparagraph (A)— SEC. 301. CHILD ABUSE PREVENTION AND TREAT- tions when adoption is appropriate and families (I) in the second sentence, by inserting ‘‘, MENT AND ADOPTION REFORM. can be found for such children.’’; and consistent with the purpose of this title’’ (a) FINDINGS.—Section 201 of the Child (2) in subsection (b)— after ‘‘by the Secretary’’; and Abuse Prevention and Treatment and Adop- ø ¿ tion Reform Act of 1978 (42 U.S.C. 5111) is (A) in the matter preceding paragraph (1), (II) by striking the 3rd third sentence amended— by inserting ‘‘older children, minority chil- and inserting the following: ‘‘Each applica- ø(1) in subsection (a)— dren, and’’ after ‘‘particularly’’; and tion shall contain information that— ø(A) in paragraph (1)— (B) by striking paragraph (2) and inserting ‘‘(i) describes how the State plans to im- ø(i) by striking ‘‘565,000’’ and inserting the following: prove the placement rate of children in per- ‘‘506,000’’; and ‘‘(2) maintain an Internet-based national manent homes; ø(ii) by striking ‘‘2001’’ and inserting adoption information exchange system to— ‘‘(ii) describes the methods the State, prior ‘‘2005’’; and ‘‘(A) bring together children who would to submitting the application, has used to ø(B) in paragraph (5)(A), by striking benefit from adoption and qualified prospec- improve the placement of older children, mi- ‘‘131,000’’ and inserting ‘‘122,000’’; and¿ tive adoptive parents who are seeking such nority children, and children with special (1) by striking subsection (a) and inserting the children; needs, who are legally free for adoption; following: ‘‘(B) conduct national recruitment efforts ‘‘(iii) describes the evaluation the State ‘‘(a) FINDINGS.—Congress finds that— in order to reach prospective parents for plans to conduct, to identify the effective- ‘‘(1) on the last day of fiscal year 2009, some children awaiting adoption; and ness of programs and methods of placement 424,000 children were living in temporary foster ‘‘(C) connect placement agencies, prospec- under this subsection, and submit to the Sec- family homes or other foster care settings; tive adoptive parents, and adoptive parents retary; and ‘‘(2) most children in foster care are victims of to resources designed to reduce barriers to ‘‘(iv) describes how the State plans to co- child abuse or neglect by their biological parents adoption, support adoptive families, and en- ordinate activities under this subsection and their entry into foster care brought them sure permanency; and’’. with relevant activities under section 473 of the additional trauma of separation from their (b) INFORMATION AND SERVICES.—Section the Social Security Act (42 U.S.C. 673).’’; homes and often their communities; 203 of the Child Abuse Prevention and Treat- (ii) in subparagraph (B)(i), by inserting ‘‘(3) on average, children entering foster care ment and Adoption Reform Act of 1978 (42 ‘‘older children, minority children, and’’ have more physical and mental health needs U.S.C. 5113) is amended— after ‘‘successful placement of’’; and

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.015 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8494 CONGRESSIONAL RECORD — SENATE December 3, 2010 (iii) by adding at the end the following: The committee amendments were while not allowing the differences in those ‘‘(C) EVALUATION.—The Secretary shall agreed to. beliefs and traditions to enable abuse or ne- compile the results of evaluations submitted The bill (S. 3817), as amended, was or- glect;’’; by States (described in subparagraph (A)(iii)) dered to be engrossed for a third read- (8) by inserting after paragraph (11), as re- and submit a report containing the compiled ing, was read the third time, and designated by paragraph (5) of this section, results to the appropriate committees of the following: Congress.’’. passed, as follows: ‘‘(12) because both child maltreatment and (c) AUTHORIZATION OF APPROPRIATIONS.— S. 3817 domestic violence occur in up to 60 percent Section 205 of the Child Abuse Prevention Be it enacted by the Senate and House of Rep- of the families in which either is present, and Treatment and Adoption Reform Act of resentatives of the United States of America in States and communities should adopt assess- 1978 (42 U.S.C. 5115) is amended— Congress assembled, ments and intervention procedures aimed at ø(1) in paragraph (1), by striking SECTION 1. SHORT TITLE. enhancing the safety both of children and ‘‘$40,000,000’’ and all that follows through This Act may be cited as the ‘‘CAPTA Re- victims of domestic violence;’’; ‘‘2008’’ and inserting ‘‘$40,000,000 for fiscal authorization Act of 2010’’. (9) in paragraphs (14) and (15), as redesig- year 2011 and such sums as may be necessary TITLE I—CHILD ABUSE PREVENTION AND nated by paragraph (5) of this section, by for each of fiscal years 2012 through 2015’’;¿ TREATMENT ACT striking ‘‘Federal government’’ and inserting (1) in subsection (a)— SEC. 101. FINDINGS. ‘‘Federal Government’’; and (A) by striking ‘‘2004’’ and inserting ‘‘2010’’; Section 2 of the Child Abuse Prevention (10) in paragraph (14), as redesignated by and and Treatment Act (42 U.S.C. 5101 note) is paragraph (5) of this section, by inserting (B) by striking ‘‘2005 through 2008’’ and in- amended— ‘‘and’’ at the end. serting ‘‘2011 through 2015’’; (1) by striking paragraph (1) and inserting Subtitle A—General Program (2) by redesignating subsection (b) as sub- the following: SEC. 111. ADVISORY BOARD. section (c); and ‘‘(1) in fiscal year 2008, approximately Section 102 of the Child Abuse Prevention (3) by inserting after subsection (a) the fol- 772,000 children were found by States to be and Treatment Act (42 U.S.C. 5102) is amend- lowing: victims of child abuse and neglect;’’; ed— ‘‘(b) Not less than 30 percent and not more (2) in paragraph (2)— (1) in subsection (c)— than 50 percent of the funds appropriated (A) in subparagraph (A), by inserting ‘‘and (A) in paragraph (4), by striking ‘‘medicine under subsection (a) shall be allocated for close to 1⁄3 of all child maltreatment-related (including pediatrics)’’ and inserting ‘‘health activities under subsections (b)(10) and (c) of fatalities in fiscal year 2008 were attributed care providers (including pediatricians)’’; section 203.’’. to neglect alone’’ after ‘‘maltreatment’’; and (B) in paragraph (12), by striking ‘‘and’’; TITLE IV—ABANDONED INFANTS (B) in subparagraph (B)— (C) in paragraph (13), by striking the period ASSISTANCE ACT OF 1988 (i) by striking ‘‘60 percent’’ and inserting and inserting ‘‘; and’’; and SEC. 401. ABANDONED INFANTS ASSISTANCE. ‘‘71 percent’’; (D) by adding at the end the following: (a) FINDINGS.—Section 2 of the Abandoned In- (ii) by striking ‘‘2001’’ and inserting ‘‘fiscal ‘‘(14) Indian tribes or tribal organiza- fants Assistance Act of 1988 (42 U.S.C. 5117aa) is year 2008’’; tions.’’; and amended— (iii) by striking ‘‘19 percent’’ and inserting (2) in subsection (f)— (1) in paragraph (4), by striking ‘‘including ‘‘16 percent’’; (A) in paragraph (1), by inserting ‘‘tribal,’’ those’’ and all that follows through ‘‘ ‘AIDS’)’’ (iv) by striking ‘‘10 percent’’ and inserting after ‘‘State,’’ each place such term appears; and inserting ‘‘including those with HIV/ ‘‘9 percent’’; and and AIDS’’; and (v) by striking ‘‘and 7 percent suffered (B) in paragraph (2)— (2) in paragraph (5), by striking ‘‘acquired im- emotional maltreatment’’ and inserting ‘‘, 7 (i) by striking ‘‘abuse or neglect which’’ mune deficiency syndrome’’ and inserting ‘‘HIV/ percent suffered psychological maltreat- and inserting ‘‘child abuse or neglect AIDS’’. ment, 2 percent experienced medical neglect, which’’; and (b) REPEAL.—Title II of the Abandoned In- and 9 percent were victims of other forms of (ii) by striking ‘‘Federal and State’’ and in- fants Assistance Act of 1988 (Public Law 100– maltreatment’’; serting ‘‘Federal, State, and tribal’’. 505; 102 Stat. 2536) is repealed. (3) in paragraph (3)— SEC. 112. NATIONAL CLEARINGHOUSE. ø(a) EVALUATIONS, STUDY, AND REPORTS.— (A) in subparagraph (A) by inserting ‘‘or Section 103 of the Child Abuse Prevention Section 102(b)(2) of the Abandoned Infants neglect’’ after ‘‘abuse’’; and Treatment Act (42 U.S.C. 5104) is amend- Assistance Act of 1988 (42 U.S.C. 5117aa– (B) in subparagraph (B), by striking ‘‘2001, ed— 12(b)(2)) is amended by striking ‘‘Keeping an estimated 1,300’’ and inserting ‘‘fiscal (1) in subsection (a), by inserting ‘‘and ne- Children and Families Safe Act of 2003’’ and year 2008, an estimated 1,740’’; and glect’’ before the period; inserting ‘‘CAPTA Reauthorization Act of (C) in subparagraph (C)— (2) in subsection (b)— 2010’’.¿ (i) by inserting ‘‘in fiscal year 2008,’’ after (A) by redesignating paragraphs (2) (c) DEFINITIONS.—Section 301 of the Aban- ‘‘(C)’’; through (5) as paragraphs (4) through (7), re- doned Infants Assistance Act of 1988 (42 U.S.C. (ii) by striking ‘‘41 percent’’ and inserting spectively; 5117aa-21) is amended— ‘‘45 percent’’; (B) by striking paragraph (1) and inserting (1) by striking paragraph (2); and (iii) by striking ‘‘85 percent’’ and inserting the following: (2) by redesignating paragraphs (3) through ‘‘72 percent’’; ‘‘(1) maintain, coordinate, and disseminate (5) as paragraphs (2) through (4), respectively. (iv) by striking ‘‘6 years’’ and inserting ‘‘4 information on effective programs, including ø ¿ (b) (d) AUTHORIZATION OF APPROPRIA- years’’; and private and community-based programs, that TIONS.—Section 302 of the Abandoned Infants (v) by striking ‘‘abuse’’ each place it ap- have demonstrated success with respect to Assistance Act of 1988 (42 U.S.C. 5117aa–22) is pears and inserting ‘‘maltreatment’’; the prevention, assessment, identification, amended— (4) in paragraph (4)(B), by striking ‘‘slight- and treatment of child abuse or neglect and ø (1) in subsection (a)(1), by striking ly’’ and all that follows and inserting ‘‘ap- hold the potential for broad-scale implemen- ‘‘$45,000,000’’ and all that follows and insert- proximately 37 percent of victims of child tation and replication; ing ‘‘$45,000,000 for fiscal year 2011 and such abuse did not receive post-investigation ‘‘(2) maintain, coordinate, and disseminate sums as may be necessary for each of fiscal services in fiscal year 2008;’’; information on the medical diagnosis and ¿ years 2012 through 2015.’’; and (5) by redesignating paragraphs (5) through treatment of child abuse and neglect; (1) in subsection (a)(1)— (13) as paragraphs (6) through (11) and (13) ‘‘(3) maintain and disseminate information (A) by striking ‘‘2004’’ and inserting ‘‘2010’’; through (15), respectively; on best practices relating to differential re- and (6) by inserting after paragraph (4) of this sponse;’’; (B) by striking ‘‘2005 through 2008’’ and in- section the following: (C) in paragraph (4), as redesignated by serting ‘‘2011 through 2015’’; and ‘‘(5) African-American children, American subparagraph (A) of this paragraph, by in- (2) in subsection (b)(2), by striking ‘‘fiscal Indian children, Alaska Native children, and serting ‘‘and disseminate’’ after ‘‘maintain’’; year 2003’’ and inserting ‘‘fiscal year 2010’’. children of multiple races and ethnicities ex- (D) in paragraph (5), as redesignated by Mr. DURBIN. I ask unanimous con- perience the highest rates of child abuse or subparagraph (A) of this paragraph— sent that the committee-reported neglect;’’; (i) in subparagraph (B), by inserting ‘‘(42 amendments be agreed to; the bill, as (7) in paragraph (6), as redesignated by U.S.C. 5105 note)’’ before the semicolon; and amended, be read a third time and paragraph (5) of this section— (ii) in subparagraph (C), by striking ‘‘alco- passed; the motions to reconsider be (A) in subparagraph (A), by inserting ‘‘do- hol or drug’’ and inserting ‘‘substance’’; laid upon the table, with no inter- mestic violence services,’’ after ‘‘mental (E) in subparagraph (C) of paragraph (6), as vening action or debate; and any state- health,’’; and redesignated by subparagraph (A) of this (B) by amending subparagraph (E) to read paragraph, by striking ‘‘and’’ at the end; ments related to the bill be printed in as follows: (F) in subparagraph (B) of paragraph (7), as the RECORD. ‘‘(E) recognizes the diversity of ethnic, cul- redesignated by subparagraph (A) of this The PRESIDING OFFICER. Without tural, and religious beliefs and traditions paragraph, by striking ‘‘and child welfare objection, it is so ordered. that may impact child rearing patterns, personnel.’’ and inserting ‘‘child welfare,

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.015 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8495 substance abuse treatment services, and do- ‘‘(II) providers of early childhood interven- cable), and short- and long-term injuries sus- mestic violence services personnel; and’’; and tion services and special education for chil- tained.’’. (G) by adding at the end the following: dren who have been victims of child abuse or (b) TECHNICAL ASSISTANCE.—Section 104(b) ‘‘(8) collect and disseminate information, neglect;’’; of the Child Abuse Prevention and Treat- in conjunction with the National Resource (H) by inserting after subparagraph (H), as ment Act (42 U.S.C. 5105(b)) is amended— Centers authorized in section 310(b) of the redesignated by subparagraph (C) of this (1) in paragraph (1), by inserting ‘‘and pro- Family Violence Prevention and Services paragraph, the following: viders of mental health, substance abuse Act, on effective programs and best practices ‘‘(I) effective collaborations, between the treatment, and domestic violence prevention for developing and carrying out collabora- child protective system and domestic vio- services’’ after ‘‘disabilities’’; and tion between entities providing child protec- lence service providers, that provide for the (2) in paragraph (3)(B)— tive services and entities providing domestic safety of children exposed to domestic vio- (A) by striking ‘‘and child welfare per- violence services.’’; and lence and their nonabusing parents and that sonnel’’ and inserting ‘‘child welfare, sub- (3) in subsection (c)(1)— improve the investigations, interventions, stance abuse, and domestic violence services (A) by striking subparagraph (B) and in- delivery of services, and treatments provided personnel’’; and serting the following: for such children and families;’’; (B) by striking ‘‘subjected to abuse.’’ and ‘‘(B) consult with the head of each agency (I) in subparagraph (J), as redesignated by inserting ‘‘subjected to, or whom the per- involved with child abuse and neglect on the subparagraph (C) of this paragraph, by strik- sonnel suspect have been subjected to, child development of the components for informa- ing ‘‘low income’’ and inserting ‘‘low-in- abuse or neglect.’’. tion collection and management of such come’’; (c) PEER REVIEW FOR GRANTS AND CON- clearinghouse and on the mechanisms for the (J) by inserting after subparagraph (J), as TRACTS.—Section 104(d) of the Child Abuse sharing of such information with other Fed- redesignated by subparagraph (C) of this Prevention and Treatment Act (42 U.S.C. eral agencies and clearinghouses;’’; paragraph, the following: 5105(d)) is amended— (B) in subparagraph (C)— ‘‘(K) the impact of child abuse and neglect (1) in paragraph (1)— (i) in the matter preceding clause (i), by in- on the incidence and progression of disabil- (A) by striking subparagraph (A) and in- serting ‘‘tribal,’’ after ‘‘State,’’; ities; serting the following: (ii) in clause (i), by striking ‘‘and’’ at the ‘‘(L) the nature and scope of effective prac- ‘‘(A) IN GENERAL.—To enhance the quality end; and tices relating to differential response, in- and usefulness of research in the field of (iii) by adding at the end the following: cluding an analysis of best practices con- child abuse and neglect, the Secretary shall, ‘‘(iii) information about the incidence and ducted by the States; in consultation with experts in the field and characteristics of child abuse and neglect in ‘‘(M) child abuse and neglect issues facing other Federal agencies, establish a formal, circumstances in which domestic violence is Indians, Alaska Natives, and Native Hawai- rigorous, and meritorious peer review proc- present; and ians, including providing recommendations ess for purposes of evaluating and reviewing ‘‘(iv) information about the incidence and for improving the collection of child abuse applications for assistance through a grant characteristics of child abuse and neglect in and neglect data from Indian tribes and Na- or contract under this section and deter- cases related to substance abuse;’’; and tive Hawaiian communities;’’; mining the relative merits of the project for (C) in subparagraph (F), by striking (K) in subparagraph (N), as redesignated by which such assistance is requested.’’; and ‘‘abused or neglected children’’ and inserting subparagraph (C) of this paragraph, by strik- (B) by striking subparagraph (B) and in- ‘‘victims of child abuse or neglect’’. ing ‘‘clauses (i) through (xi) of subparagraph serting the following: SEC. 113. RESEARCH AND ASSISTANCE ACTIVI- (H)’’ and inserting ‘‘clauses (i) through (x) of ‘‘(B) MEMBERS.—In establishing the process TIES. subparagraph (O)’’; and required by subparagraph (A), the Secretary (a) RESEARCH.—Section 104(a) of the Child (L) in subparagraph (O), as redesignated by shall only appoint to the peer review panels Abuse Prevention and Treatment Act (42 subparagraph (C) of this paragraph— members who— U.S.C. 5105(a)) is amended— (i) in clauses (i) and (ii), by inserting ‘‘and ‘‘(i) are experts in the field of child abuse (1) in paragraph (1)— neglect’’ after ‘‘abuse’’; and neglect or related disciplines, with ap- (A) in the matter preceding subparagraph (ii) in clause (v), by striking ‘‘child abuse propriate expertise related to the applica- (A), by striking ‘‘from abuse or neglect and have’’ and inserting ‘‘child abuse and neglect tions to be reviewed; and to improve the well-being of abused or ne- have’’; and ‘‘(ii) are not individuals who are officers or glected children’’ and inserting ‘‘from child (iii) in clause (x), by striking ‘‘abuse’’ and employees of the Administration for Chil- abuse or neglect and to improve the well- inserting ‘‘child abuse and neglect’’; dren and Families. being of victims of child abuse or neglect’’; (2) in paragraph (2), by striking ‘‘subpara- ‘‘(C) MEETINGS.—The peer review panels (B) in subparagraph (B), by striking ‘‘abuse graphs’’ and all that follows and inserting shall meet as often as is necessary to facili- and neglect on’’ and inserting ‘‘child abuse ‘‘clauses (i) through (x) of paragraph (1)(O).’’; tate the expeditious review of applications and neglect on’’; (3) in paragraph (3), by striking ‘‘Keeping for grants and contracts under this section, (C) by redesignating subparagraphs (C), Children and Families Safe Act of 2003’’ and but shall meet not less often than once a (D), (E), (F), (G), (H), and (I), as subpara- inserting ‘‘CAPTA Reauthorization Act of year. graphs (D), (E), (F), (H), (J), (N), and (O), re- 2010’’; ‘‘(D) CRITERIA AND GUIDELINES.—The Sec- spectively; (4) in paragraph (4)— retary shall ensure that the peer review (D) by inserting after subparagraph (B) the (A) by striking ‘‘(A) The’’ and inserting the panel utilizes scientifically valid review cri- following: following: teria and scoring guidelines in the review of ‘‘(C) effective approaches to improving the ‘‘(A) IN GENERAL.—The’’; and the applications for grants and contracts.’’; relationship and attachment of infants and (B) in subparagraph (B)— and toddlers who experience child abuse or ne- (i) by striking all that precedes ‘‘later’’ (2) in paragraph (3)— glect with their parents or primary care- and inserting the following: (A) by striking ‘‘(A) The’’ and inserting the givers in circumstances where reunification ‘‘(B) PUBLIC COMMENT.—Not’’; following: is appropriate;’’; (ii) by striking ‘‘than 2’’ and inserting ‘‘(A) MERITORIOUS PROJECTS.—The’’; and (E) in subparagraph (D), as redesignated by ‘‘than 1’’; and (B) in subparagraph (B), by striking all subparagraph (C) of this paragraph, by in- (iii) by striking ‘‘Keeping Children and that precedes ‘‘the instance’’ and inserting serting ‘‘and neglect’’ before the semicolon; Families Safe Act of 2003’’ and inserting the following: (F) in subparagraph (E), as redesignated by ‘‘CAPTA Reauthorization Act of 2010’’; and ‘‘(B) EXPLANATION.—In’’. subparagraph (C) of this paragraph— (5) by adding at the end the following: (d) DEMONSTRATION PROGRAMS AND (i) by inserting ‘‘, including best practices ‘‘(4) STUDY ON SHAKEN BABY SYNDROME.— PROJECTS.—Section 104(e) of the Child Abuse to meet the needs of special populations,’’ The Secretary shall conduct a study that— Prevention and Treatment Act (42 U.S.C. after ‘‘best practices’’; and ‘‘(A) identifies data collected on shaken 5105(e)) is amended— (ii) by striking ‘‘(12)’’ and inserting ‘‘(14)’’; baby syndrome; (1) in the matter preceding paragraph (1)— (G) by inserting after subparagraph (F), as ‘‘(B) determines the feasibility of col- (A) by striking ‘‘States or’’ and inserting redesignated by subparagraph (C) of this lecting uniform, accurate data from all ‘‘entities that are States, Indian tribes or paragraph, the following: States regarding— tribal organizations, or’’; and ‘‘(G) effective practices and programs to ‘‘(i) incidence rates of shaken baby syn- (B) by striking ‘‘such agencies or organiza- improve activities such as identification, drome; tions’’ and inserting ‘‘such entities’’; screening, medical diagnosis, forensic diag- ‘‘(ii) characteristics of perpetrators of (2) in paragraph (1)(B), by striking ‘‘safely nosis, health evaluations, and services, in- shaken baby syndrome, including age, gen- facilitate the’’ and inserting ‘‘facilitate the cluding activities that promote collabora- der, relation to victim, access to prevention safe’’; and tion between— materials and resources, and history of sub- (3) in paragraph (2)— ‘‘(i) the child protective service system; stance abuse, domestic violence, and mental (A) by inserting ‘‘child care and early and illness; and childhood education and care providers,’’ ‘‘(ii)(I) the medical community, including ‘‘(iii) characteristics of victims of shaken after ‘‘in cooperation with’’; and providers of mental health and develop- baby syndrome, including gender, date of (B) by striking ‘‘preschool’’ and inserting mental disability services; and birth, date of injury, date of death (if appli- ‘‘preschools,’’.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.005 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8496 CONGRESSIONAL RECORD — SENATE December 3, 2010 SEC. 114. GRANTS TO STATES, INDIAN TRIBES OR (F) in paragraph (4), by striking ‘‘in not (C) in subparagraph (C), by striking ‘‘work- TRIBAL ORGANIZATIONS, AND PUB- more than 10 States’’; ers’’ and all that follows and inserting LIC OR PRIVATE AGENCIES AND OR- (G) in paragraph (5)— ‘‘workers; and’’; and GANIZATIONS. (i) in the paragraph heading— (D) by adding at the end the following: Section 105 of the Child Abuse Prevention (I) by striking ‘‘BETWEEN’’ and inserting ‘‘(D) training in early childhood, child, and and Treatment Act (42 U.S.C. 5106) is amend- AMONG’’; and adolescent development;’’; ed— ‘‘ (II) by striking ‘‘AND DEVELOPMENTAL DIS- (6) by striking paragraphs (8) and (9) and (1) in the heading, by striking ‘‘STATES’’ ABILITIES’’ and inserting ‘‘SUBSTANCE ABUSE, inserting the following: and inserting ‘‘STATES, INDIAN TRIBES OR DEVELOPMENTAL DISABILITIES, AND DOMESTIC ‘‘(8) developing, facilitating the use of, and TRIBAL ORGANIZATIONS,’’ implementing research-based strategies and (2) in subsection (a)— VIOLENCE SERVICE’’; training protocols for individuals mandated (A) in the matter preceding paragraph (1)— (ii) by striking ‘‘between’’ and inserting to report child abuse and neglect;’’; (i) by striking ‘‘States,’’ and inserting ‘‘en- ‘‘among’’; (7) by redesignating paragraphs (10) tities that are States, Indian tribes or tribal (iii) by striking ‘‘mental health’’ and all through (14) as paragraphs (9) through (13), organizations, or’’; and that follows through ‘‘, for’’ and inserting respectively; (ii) by striking ‘‘such agencies or organiza- ‘‘mental health, substance abuse, develop- (8) in paragraph (9), as redesignated by tions’’ and inserting ‘‘such entities’’; mental disabilities, and domestic violence paragraph (7) of this subsection— (B) in paragraph (1)— service agencies, and entities that carry out (A) in subparagraph (B), by striking ‘‘and’’ (i) in the matter preceding subparagraph community-based programs, for’’; and at the end; (A), by striking ‘‘this section’’ and inserting (iv) by striking ‘‘help assure’’ and inserting (B) in subparagraph (C), by adding ‘‘and’’ ‘‘this subsection’’; ‘‘ensure’’; and at the end; and (ii) in subparagraph (A)— (H) by inserting after paragraph (5) the fol- (C) by adding at the end the following: (I) by inserting ‘‘health care,’’ before lowing: ‘‘(D) the use of differential response in pre- ‘‘medicine,’’; ‘‘(6) COLLABORATIONS BETWEEN CHILD PRO- venting child abuse and neglect;’’; (II) by inserting ‘‘child care,’’ after ‘‘edu- TECTIVE SERVICE ENTITIES AND DOMESTIC VIO- (9) in paragraph (10), as redesignated by cation,’’; and LENCE SERVICE ENTITIES.—The Secretary may award grants to public or private agencies paragraph (7) of this subsection, by inserting (III) by inserting ‘‘and neglect’’ before the ‘‘, including the use of differential response’’ semicolon; and organizations under this section to de- velop or expand effective collaborations be- before the semicolon; (iii) in subparagraph (B), by inserting a (10) in paragraph (12), as redesignated by comma after ‘‘youth’’; tween child protective service entities and domestic violence service entities to improve paragraph (7) of this subsection, by striking (iv) in subparagraph (D)— ‘‘or’’ at the end; (I) by striking ‘‘support the enhancement collaborative investigation and intervention procedures, provision for the safety of the (11) in paragraph (13), as redesignated by of linkages between’’ and inserting ‘‘enhance paragraph (7) of this subsection— linkages among’’; nonabusing parent involved and children, and provision of services to children exposed (A) by striking ‘‘supporting and enhanc- (II) by striking ‘‘including physical’’ and ing’’ and all that follows through ‘‘commu- all that follows through ‘‘partnerships’’ and to domestic violence that also support the caregiving role of the non-abusing parent.’’; nity-based programs’’ and inserting ‘‘sup- inserting ‘‘entities providing physical and porting and enhancing interagency collabo- and mental health services, community re- ration among public health agencies, agen- (3) in subsection (b)(4)— sources, and developmental disability agen- cies in the child protective service system, (A) in subparagraph (A)(ii), by striking cies, to improve screening, forensic diag- and agencies carrying out private commu- ‘‘neglected or abused’’ and inserting ‘‘vic- nosis, and health and developmental evalua- nity-based programs—’’; tims of child abuse or neglect’’; tions, and for partnerships’’; and (B) by striking ‘‘to provide’’ and inserting (B) in subparagraphs (B)(ii) and (C)(iii), by (III) by striking ‘‘offer creative approaches the following: striking ‘‘abuse or neglect’’ and inserting to using’’ and inserting ‘‘support the coordi- ‘‘(A) to provide’’; ‘‘child abuse and neglect’’; nated use of’’; (C) by striking ‘‘systems) and’’ and insert- (C) in subparagraph (C)(iii), by striking (v) by redesignating subparagraphs (E) ing ‘‘systems), and the use of differential re- through (J) as subparagraphs (F), (G), and (I) ‘‘been neglected or abused’’ and inserting sponse; and’’; through (L), respectively; ‘‘been a victim of child abuse or neglect’’; (D) by striking ‘‘to address’’ and inserting (vi) by inserting after subparagraph (D) the and the following: following: (D) in subparagraph (D), by striking ‘‘a’’ ‘‘(B) to address’’; ‘‘(E) for the training of personnel in best after ‘‘grantee is’’ and inserting ‘‘an’’. (E) by striking ‘‘abused or neglected’’ and practices to meet the unique needs of chil- SEC. 115. GRANTS TO STATES FOR CHILD ABUSE inserting ‘‘victims of child abuse or ne- dren with disabilities, including promoting OR NEGLECT PREVENTION AND glect;’’and interagency collaboration;’’; TREATMENT PROGRAMS. (F) by striking the period at the end and (vii) by inserting after subparagraph (G), (a) SECTION HEADING.—Section 106 of the inserting ‘‘; or’’; and as redesignated by clause (v) of this subpara- Child Abuse Prevention and Treatment Act (12) by adding at the end the following: graph, the following: (42 U.S.C. 5106a) is amended by striking the ‘‘(14) developing and implementing proce- ‘‘(H) for the training of personnel in child- section heading and inserting the following: dures for collaboration among child protec- hood development including the unique ‘‘SEC. 106. GRANTS TO STATES FOR CHILD ABUSE tive services, domestic violence services, and needs of children under age 3;’’; OR NEGLECT PREVENTION AND other agencies in— (viii) in subparagraph (J), as redesignated TREATMENT PROGRAMS.’’. ‘‘(A) investigations, interventions, and the by clause (v) of this subparagraph, by strik- (b) DEVELOPMENT AND OPERATION delivery of services and treatment provided ing ‘‘and other public and private welfare GRANTS.—Section 106(a) of the Child Abuse to children and families, including the use of agencies’’ and inserting ‘‘other public and Prevention and Treatment Act (42 U.S.C. differential response, where appropriate; and private welfare agencies, and agencies that 5106a(a)) is amended— ‘‘(B) the provision of services that assist provide early intervention services’’; (1) in the matter preceding paragraph (1), children exposed to domestic violence, and (ix) in subparagraph (K), as redesignated by striking ‘‘based on’’ and all that follows that also support the caregiving role of their by clause (v) of this subparagraph, by strik- through ‘‘18 in’’ and inserting ‘‘from allot- nonabusing parents.’’. ing ‘‘and’’ at the end; ments made under subsection (f) for’’; (c) ELIGIBILITY REQUIREMENTS.—Section (x) in subparagraph (L), as redesignated by (2) in paragraph (1), by striking ‘‘abuse and 106(b) of the Child Abuse Prevention and clause (v) of this subparagraph— neglect’’ and inserting ‘‘child abuse or ne- Treatment Act (42 U.S.C. 5106a(b)) is amend- (I) by striking ‘‘disabled infants’’ each glect’’; ed— place it appears and inserting ‘‘infants or (3) in paragraph (2)— (1) by striking paragraph (1) and inserting toddlers with disabilities’’; and (A) in subparagraph (A), by inserting ‘‘, the following: (II) by striking the period and inserting ‘‘; intra-agency, interstate, and intrastate’’ ‘‘(1) STATE PLAN.— and’’; and after ‘‘interagency’’; and ‘‘(A) IN GENERAL.—To be eligible to receive (xi) by adding at the end the following: (B) in subparagraph (B)(i), by striking a grant under this section, a State shall sub- ‘‘(M) for the training of personnel in best ‘‘abuse and neglect’’ and inserting ‘‘child mit to the Secretary a State plan that speci- practices relating to the provision of dif- abuse or neglect’’; fies the areas of the child protective services ferential response.’’; (4) in paragraph (4), by inserting ‘‘, includ- system described in subsection (a) that the (C) in paragraph (2)(C), by striking ing the use of differential response’’ after State will address with amounts received ‘‘where’’ and inserting ‘‘when’’; ‘‘protocols’’; under the grant. (D) in paragraph (3), by inserting ‘‘, leader- (5) in paragraph (6)— ‘‘(B) DURATION OF PLAN.—Each State plan ship,’’ after ‘‘mutual support’’; (A) in subparagraph (A) by inserting ‘‘, in- shall— (E) in paragraph (4), by striking all that cluding the use of differential response,’’ ‘‘(i) remain in effect for the duration of the precedes ‘‘Secretary’’ and inserting the fol- after ‘‘strategies’’; State’s participation under this section; and lowing: (B) in subparagraph (B), by striking ‘‘and’’ ‘‘(ii) be periodically reviewed and revised ‘‘(4) KINSHIP CARE.—The’’; at the end; as necessary by the State to reflect changes

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in the State’s strategies and programs under Adam Walsh Child Protection and Safety Act (e) ANNUAL STATE DATA REPORTS.—Section this section. of 2006 (42 U.S.C. 16913(a));’’; 106(d) of the Child Abuse Prevention and ‘‘(C) ADDITIONAL INFORMATION.—The State (xii) in clause (xxi), by striking ‘‘Act; and’’ Treatment Act (42 U.S.C. 5106a(d)) is amend- shall provide notice to the Secretary— and inserting ‘‘Act (20 U.S.C. 1431 et seq.);’’; ed— ‘‘(i) of any substantive changes, including (xiii) in clause (xxii)— (1) in paragraph (1), by striking ‘‘as abused any change to State law or regulations, re- (I) by striking ‘‘not later’’ through ‘‘2003,’’; or neglected’’ and inserting ‘‘as victims of lating to the prevention of child abuse and (II) by inserting ‘‘that meet the require- child abuse or neglect’’; neglect that may affect the eligibility of the ments of section 471(a)(20) of the Social Se- (2) in paragraph (4), by inserting ‘‘, includ- State under this section; and curity Act (42 U.S.C. 671(a)(20))’’ after ing use of differential response,’’ after ‘‘serv- ‘‘(ii) of any significant changes in how ‘‘checks’’; and ices’’; funds provided under this section are used to (III) by adding ‘‘and’’ at the end; and (3) by striking paragraph (7) and inserting support activities described in this section, (xiv) by adding at the end the following: the following: which may differ from the activities de- ‘‘(xxiii) provisions for systems of tech- ‘‘(7)(A) The number of child protective scribed in the current State application.’’; nology that support the State child protec- service personnel responsible for the— (2) in paragraph (2)— tive service system described in subsection ‘‘(i) intake of reports filed in the previous (A) by redesignating subparagraphs (A) (a) and track reports of child abuse and ne- year; through (D) as subparagraphs (B) through glect from intake through final disposi- ‘‘(ii) screening of such reports; (E), respectively; tion;’’; ‘‘(iii) assessment of such reports; and (B) by striking the matter preceding sub- (D) in subparagraph (C), as redesignated by ‘‘(iv) investigation of such reports. paragraph (B), as redesignated by subpara- subparagraph (A) of this paragraph— ‘‘(B) The average caseload for the workers graph (A) of this paragraph, and inserting (i) by striking ‘‘disabled infants with’’ each described in subparagraph (A).’’; the following: place it appears and inserting ‘‘infants with (4) in paragraph (9), by striking ‘‘abuse or ‘‘(2) CONTENTS.—A State plan submitted disabilities who have’’; and neglect’’ and inserting ‘‘child abuse or ne- under paragraph (1) shall contain a descrip- (ii) in clause (iii), by striking ‘‘life threat- glect’’; tion of the activities that the State will ening’’ and inserting ‘‘life-threatening’’; (5) by striking paragraph (10) and inserting carry out using amounts received under the (E) in subparagraph (D), as redesignated by the following: grant to achieve the objectives of this title, subparagraph (A) of this paragraph— ‘‘(10) For child protective service personnel including— (i) in clause (ii), by striking ‘‘and’’ at the responsible for intake, screening, assess- ‘‘(A) an assurance that the State plan, to end; ment, and investigation of child abuse and the maximum extent practicable, is coordi- (ii) in clause (iii), by striking ‘‘and’’ at the neglect reports in the State— nated with the State plan under part B of end; ‘‘(A) information on the education, quali- title IV of the Social Security Act (42 U.S.C. (iii) by adding at the end the following: fications, and training requirements estab- 621 et seq.) relating to child welfare services ‘‘(iv) policies and procedures encouraging lished by the State for child protective serv- and family preservation and family support the appropriate involvement of families in ice professionals, including for entry and ad- services;’’; decisionmaking pertaining to children who vancement in the profession, including ad- (C) in subparagraph (B), as redesignated by experienced child abuse or neglect; vancement to supervisory positions; subparagraph (A) of this paragraph— ‘‘(v) policies and procedures that promote ‘‘(B) data on the education, qualifications, (i) in the matter preceding clause (i)— and enhance appropriate collaboration and training of such personnel; (I) by striking ‘‘chief executive officer’’ among child protective service agencies, do- ‘‘(C) demographic information of the child and inserting ‘‘Governor’’; and mestic violence service agencies, substance protective service personnel; and (II) by striking ‘‘Statewide’’ and inserting abuse treatment agencies, and other agen- ‘‘(D) information on caseload or workload ‘‘statewide’’; cies in investigations, interventions, and the requirements for such personnel, including (ii) in clause (ii)— delivery of services and treatment provided requirements for average number and max- (I) in the matter preceding subclause (I)— to children and families affected by child imum number of cases per child protective (aa) by inserting ‘‘with’’ after ‘‘born’’; and abuse or neglect, including children exposed service worker and supervisor.’’; (bb) by inserting ‘‘or a Fetal Alcohol Spec- to domestic violence, where appropriate; and (6) in paragraph (11), by striking ‘‘and ne- trum Disorder,’’ after ‘‘drug exposure,’’; and ‘‘(vi) policies and procedures regarding the glect’’ and inserting ‘‘or neglect’’; and (II) in subclause (I), by inserting ‘‘or ne- use of differential response, as applicable;’’; (7) by adding at the end the following: glect’’ before the semicolon; (F) in subparagraph (E), as redesignated by ‘‘(15) The number of children referred to a (iii) in clause (iii), by inserting ‘‘, or a subparagraph (A) of this paragraph— child protective services system under sub- Fetal Alcohol Spectrum Disorder’’ before the (i) by inserting ‘‘(42 U.S.C. 621 et seq.)’’ section (b)(2)(B)(ii). semicolon; after ‘‘Act’’; and ‘‘(16) The number of children determined to (iv) in clause (v), by inserting ‘‘, including (ii) by striking the period at the end and be eligible for referral, and the number of the use of differential response,’’ after ‘‘pro- inserting a semicolon; children referred, under subsection cedures’’; (G) by inserting after subparagraph (E), as (b)(2)(B)(xxi), to agencies providing early (v) in clause (vi)— redesignated by subparagraph (A) of this intervention services under part C of the In- (I) by striking ‘‘the abused or neglected paragraph, the following: dividuals with Disabilities Education Act (20 child’’ and inserting ‘‘a victim of child abuse ‘‘(F) an assurance or certification that pro- U.S.C. 1431 et seq.).’’. or neglect’’; and grams and training conducted under this (f) ANNUAL REPORT.—Section 106(e) of the (II) by striking ‘‘abuse or neglect’’ and in- title address the unique needs of unaccom- Child Abuse Prevention and Treatment Act serting ‘‘child abuse or neglect’’; panied homeless youth, including access to (42 U.S.C. 5106a(e)) is amended by inserting (vi) in clause (ix), by striking ‘‘abuse and enrollment and support services and that ‘‘and neglect’’ before the period. neglect’’ and inserting ‘‘child abuse and ne- such youth are eligible for under parts B and (g) FORMULA.—Section 106 of the Child glect’’; E of title IV of the Social Security Act (42 Abuse Prevention and Treatment Act (42 (vii) in clause (xi), by striking ‘‘or neglect’’ U.S.C. 621 et seq., 670 et seq.) and meet the U.S.C. 5106a) is amended by adding at the end and inserting ‘‘and neglect’’; requirements of the McKinney-Vento Home- the following: (viii) in clause (xiii)— less Assistance Act (42 U.S.C. 11301 et seq.); ‘‘(f) ALLOTMENTS.— (I) by striking ‘‘an abused or neglected and ‘‘(1) DEFINITIONS.—In this subsection: child’’ and inserting ‘‘a victim of child abuse ‘‘(G) an assurance that the State, in devel- ‘‘(A) FISCAL YEAR 2009 GRANT FUNDS.—The or neglect’’; and oping the State plan described in paragraph term ‘fiscal year 2009 grant funds’ means the (II) by inserting ‘‘including training in (1), has collaborated with community-based amount appropriated under section 112 for early childhood, child, and adolescent devel- prevention agencies and with families af- fiscal year 2009, and not reserved under sec- opment,’’ after ‘‘to the role,’’; fected by child abuse or neglect.’’; and tion 112(a)(2). (ix) in clause (xv)(II), by striking ‘‘abuse or (H) in the last sentence, by striking ‘‘sub- ‘‘(B) GRANT FUNDS.—The term ‘grant funds’ neglect’’ and inserting ‘‘child abuse or ne- paragraph (A)’’ and inserting ‘‘subparagraph means the amount appropriated under sec- glect’’; (B)’’; and tion 112 for a fiscal year and not reserved (x) in clause (xviii), by striking ‘‘abuse (3) in paragraph (3), by striking ‘‘paragraph under section 112(a)(2). and’’ and inserting ‘‘abuse or’’; (2)(A)’’ and inserting ‘‘paragraph (2)(B)’’. ‘‘(C) STATE.—The term ‘State’ means each (xi) in clause (xvi)— (d) CITIZEN REVIEW PANELS.—Section 106(c) of the several States, the District of Colum- (I) in subclause (III), by striking ‘‘; or’’ and of the Child Abuse Prevention and Treat- bia, and the Commonwealth of Puerto Rico. inserting ‘‘;’’; and ment Act (42 U.S.C. 5106a(c)) is amended— ‘‘(D) TERRITORY.—The term ‘territory’ (II) by adding at the end the following: (1) in paragraph (2), by inserting before the means Guam, American Samoa, the United ‘‘(V) to have committed sexual abuse period the following: ‘‘, and may include States Virgin Islands, and the Common- against the surviving child or another child adult former victims of child abuse or ne- wealth of the Northern Mariana Islands. of such parent; or glect’’; and ‘‘(2) IN GENERAL.—Except as otherwise pro- ‘‘(VI) to be required to register with a sex (2) in paragraph (4)(A)(iii)(I), by inserting vided in this section, the Secretary shall offender registry under section 113(a) of the ‘‘(42 U.S.C. 670 et seq.)’’ before the semicolon. make allotments to each State and territory

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.005 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8498 CONGRESSIONAL RECORD — SENATE December 3, 2010 that applies for a grant under this section in (A) in subparagraph (G), by striking ‘‘and’’ CAPTA Reauthorization Act of 2010 and an amount equal to the sum of— at the end; every 2 years thereafter, the Secretary shall ‘‘(A) $50,000; and (B) in subparagraph (H), by striking the pe- submit to the Committee on Education and ‘‘(B) an amount that bears the same rela- riod and inserting a semicolon; and Labor of the House of Representatives and tionship to any grant funds remaining after (C) by adding at the end the following: the Committee on Health, Education, Labor, all such States and territories have received ‘‘(I) adult former victims of child abuse or and Pensions of the Senate a report evalu- $50,000, as the number of children under the neglect; and ating the effectiveness of programs receiving age of 18 in the State or territory bears to ‘‘(J) individuals experienced in working assistance under section 106 in achieving the the number of such children in all States and with homeless children and youths (as de- objectives of section 106.’’. territories that apply for such a grant. fined in section 725 of the McKinney-Vento (b) STUDY AND REPORT RELATING TO CITIZEN ‘‘(3) ALLOTMENTS FOR DECREASED APPRO- Homeless Assistance Act (42 U.S.C. REVIEW PANELS.—Section 110(c) of the Child PRIATION YEARS.—In the case where the grant 11434a)).’’; Abuse Prevention and Treatment Act (42 funds for a fiscal year are less than the fiscal (4) in subsection (d)(1), by striking ‘‘par- U.S.C. 5106f(c)) is amended to read as follows: ‘‘(c) STUDY AND REPORT RELATING TO CIT- year 2009 grant funds, the Secretary shall ticularly’’ and inserting ‘‘including’’; IZEN REVIEW PANELS.— ratably reduce each of the allotments under (5) in subsection (e)(1)— ‘‘(1) IN GENERAL.—The Secretary shall con- paragraph (2) for such fiscal year. (A) in subparagraph (A), by striking ‘‘par- duct a study to determine the effectiveness ‘‘(4) ALLOTMENTS FOR INCREASED APPRO- ticularly’’ and inserting ‘‘including’’; of citizen review panels, established under PRIATION YEARS.— (B) in subparagraph (B)— section 106(c), in achieving the stated func- ‘‘(A) MINIMUM ALLOTMENTS TO STATES FOR (i) by inserting a comma after ‘‘model’’; INCREASED APPROPRIATIONS YEARS.—In any tion of such panels under section 106(c)(4)(A) and of— fiscal year for which the grant funds exceed (ii) by striking ‘‘improve the rate’’ and all the fiscal year 2009 grant funds by more than ‘‘(A) examining the policies, procedures, that follows through ‘‘child sexual abuse and practices of State and local child protec- $1,000,000, the Secretary shall adjust the al- cases’’ and inserting the following: ‘‘improve lotments under paragraph (2), as necessary, tion agencies; and the prompt and successful resolution of civil ‘‘(B) evaluating the extent to which such such that no State that applies for a grant and criminal court proceedings or enhance under this section receives an allotment in State and local child protection agencies are the effectiveness of judicial and administra- fulfilling their child protection responsibil- an amount that is less than— tive action in child abuse and neglect cases, ‘‘(i) $100,000, for a fiscal year in which the ities, as described in clauses (i) through (iii) particularly child sexual abuse and exploi- of section 106(c)(4)(A). grant funds exceed the fiscal year 2009 grant tation cases, including the enhancement of funds by more than $1,000,000 but less than ‘‘(2) CONTENT OF STUDY.—The study de- performance of court-appointed attorneys scribed in paragraph (1) shall be completed $2,000,000; and guardians ad litem for children’’; and ‘‘(ii) $125,000, for a fiscal year in which the in a manner suited to the unique design of (C) in subparagraph (C)— citizen review panels, including consider- grant funds exceed the fiscal year 2009 grant (i) by inserting a comma after ‘‘protocols’’; funds by at least $2,000,000 but less than ation of the variability among the panels (ii) by striking ‘‘from abuse’’ and inserting within and between States. The study shall $3,000,000; and ‘‘from child abuse and neglect’’; and ‘‘(iii) $150,000, for a fiscal year in which the include the following: (iii) by striking ‘‘particularly’’ and insert- ‘‘(A) Data describing the membership, or- grant funds exceed the fiscal year 2009 grant ing ‘‘including’’; and funds by at least $3,000,000. ganizational structure, operation, and ad- (6) in subsection (f), by inserting ‘‘(42 ministration of all citizen review panels and ‘‘(B) ALLOTMENT ADJUSTMENT.—In the case U.S.C. 10603a)’’ after ‘‘1984’’. of a fiscal year for which subparagraph (A) the total number of such panels in each SEC. 117. MISCELLANEOUS REQUIREMENTS. applies and the grant funds are insufficient State. Section 108(d) of the Child Abuse Preven- to satisfy the requirements of such subpara- ‘‘(B) A detailed summary of the extent to tion and Treatment Act (42 U.S.C. 5106d(d)) is graph (A), paragraph (2), and paragraph (5), which collaboration and information-sharing amended to read as follows: the Secretary shall, subject to paragraph (5), occurs between citizen review panels and ‘‘(d) SENSE OF CONGRESS.—It is the sense of ratably reduce the allotment of each State State child protective services agencies or Congress that the Secretary should encour- for which the allotment under paragraph (2) any other entities or State agencies. The age all States and public and private entities is an amount that exceeds the applicable summary shall include a description of the that receive assistance under this title to— minimum under subparagraph (A), as nec- outcomes that result from collaboration and ‘‘(1) ensure that children and families with essary to ensure that each State receives the information sharing. limited English proficiency who participate applicable minimum allotment under sub- ‘‘(C) Evidence of the adherence and respon- in programs under this title are provided paragraph (A). siveness to the reporting requirements under with materials and services through such section 106(c)(6) by citizen review panels and ‘‘(5) HOLD HARMLESS.—Notwithstanding programs in an appropriate language other paragraphs (2) and (4), except as provided in States. than English; and paragraph (3), no State or territory shall re- ‘‘(3) REPORT.—Not later than 2 years after ‘‘(2) ensure that individuals with disabil- ceive a grant under this section in an the date of enactment of the CAPTA Reau- ities who participate in programs under this amount that is less than the amount such thorization Act of 2010, the Secretary shall title are provided with materials and serv- State or territory received under this section submit to the Committee on Health, Edu- ices through such programs that are appro- for fiscal year 2009.’’. cation, Labor, and Pensions of the Senate priate to their disabilities.’’. and the Committee on Education and Labor SEC. 116. GRANTS TO STATES FOR PROGRAMS RE- LATING TO THE INVESTIGATION SEC. 118. REPORTS. of the House of Representatives a report that AND PROSECUTION OF CHILD (a) IN GENERAL.—Section 110 of the Child contains the results of the study conducted ABUSE AND NEGLECT CASES. Abuse Prevention and Treatment Act (42 under paragraph (1).’’. Section 107 of the Child Abuse Prevention U.S.C. 5106f) is amended by striking sub- SEC. 119. DEFINITIONS. and Treatment Act (42 U.S.C. 5106c) is sections (a) and (b) and inserting the fol- Section 111 of the Child Abuse Prevention amended— lowing: and Treatment Act (42 U.S.C. 5106g) is (1) in subsection (a)— ‘‘(a) COORDINATION EFFORTS.—Not later amended— (A) by striking paragraphs (1) and (2) and than 1 year after the date of enactment of (1) in paragraph (5)— inserting the following: the CAPTA Reauthorization Act of 2010, the (A) by inserting ‘‘except as provided in sec- ‘‘(1) the assessment and investigation of Secretary shall submit to the Committee on tion 106(f),’’ after ‘‘(5)’’; suspected child abuse and neglect cases, in- Education and Labor of the House of Rep- (B) by inserting ‘‘and’’ after ‘‘Samoa,’’; and cluding cases of suspected child sexual abuse resentatives and the Committee on Health, (C) by striking ‘‘and the Trust Territory of and exploitation, in a manner that limits ad- Education, Labor, and Pensions of the Sen- the Pacific Islands’’; ditional trauma to the child and the child’s ate a report on efforts to coordinate the ob- (2) in paragraph (6)(C), by striking the pe- family; jectives and activities of agencies and orga- riod and inserting a semicolon; and ‘‘(2) the assessment and investigation of nizations that are responsible for programs (3) by adding at the end the following: cases of suspected child abuse-related fatali- and activities related to child abuse and ne- ‘‘(7) the term ‘Alaska Native’ has the ties and suspected child neglect-related fa- glect. Not later than 3 years after that date meaning given the term ‘Native’ in section 3 talities;’’; of enactment, the Secretary shall submit to of the Alaska Native Claims Settlement Act (B) in paragraph (3), by striking ‘‘particu- those committees a second report on such ef- (43 U.S.C. 1602); larly’’ and inserting ‘‘including’’; and forts during the 3-year period following that ‘‘(8) the term ‘infant or toddler with a dis- (C) in paragraph (4)— date of enactment. Not later than 5 years ability’ has the meaning given the term in (i) by striking ‘‘the handling’’ and insert- after that date of enactment, the Secretary section 632 of the Individuals with Disabil- ing ‘‘the assessment and investigation’’; and shall submit to those committees a third re- ities Education Act (20 U.S.C. 1432); (ii) by striking ‘‘victims of abuse’’ and in- port on such efforts during the 5-year period ‘‘(9) the terms ‘Indian’, ‘Indian tribe’, and serting ‘‘suspected victims of child abuse’’; following that date of enactment. ‘tribal organization’ have the meanings (2) in subsection (b)(1), by striking ‘‘section ‘‘(b) EFFECTIVENESS OF STATE PROGRAMS given the terms in section 4 of the Indian 107(b)’’ and inserting ‘‘section 106(b)’’; AND TECHNICAL ASSISTANCE.—Not later than Self-Determination and Education Assist- (3) in subsection (c)(1)— 2 years after the date of enactment of the ance Act (25 U.S.C. 450b);

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.005 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8499 ‘‘(10) the term ‘Native Hawaiian’ has the (i) by inserting ‘‘and reporting’’ after ‘‘in- (B) by striking ‘‘family centered’’ and in- meaning given the term in section 7207 of the formation management’’; serting ‘‘family-centered’’; and Elementary and Secondary Education Act of (ii) by striking the comma after ‘‘preven- (C) by striking ‘‘and parents with young 1965 (20 U.S.C. 7517); and tion-focused’’; and children,’’ and inserting ‘‘, to parents with ‘‘(11) the term ‘unaccompanied homeless (iii) by striking ‘‘(through networks where young children, and to parents who are adult youth’ means an individual who is described appropriate)’’. former victims of domestic violence or child in paragraphs (2) and (6) of section 725 of the SEC. 133. ELIGIBILITY. abuse or neglect,’’; McKinney-Vento Homeless Assistance Act Section 202 of the Child Abuse Prevention (4) in paragraph (3)— (42 U.S.C. 11434a).’’. and Treatment Act (42 U.S.C. 5116a) is (A) by striking all that precedes subpara- SEC. 120. AUTHORIZATION OF APPROPRIATIONS. amended— graph (C) and inserting the following: Section 112(a)(1) of the Child Abuse Preven- (1) in paragraph (1)— ‘‘(3)(A) provide for core child abuse and ne- tion and Treatment Act (42 U.S.C. (A) by striking ‘‘chief executive officer’’ glect prevention services, which may be pro- 5106h(a)(1)) is amended— each place it appears and inserting ‘‘Gov- vided directly by the local recipient of the (1) by striking ‘‘2004’’ and inserting ‘‘2010’’; ernor’’; and grant funds or through grants or agreements and (B) by inserting a comma after ‘‘enhance’’; with other local agencies, such as— (2) by striking ‘‘2005 through 2008’’ and in- (2) in paragraphs (1), (2), and (3), by strik- ‘‘(i) parent education, mutual support and serting ‘‘2011 through 2015’’. ing ‘‘(through networks where appropriate)’’ self help, and parent leadership services; each place it appears; ‘‘(ii) respite care services; SEC. 121. RULE OF CONSTRUCTION. (3) in paragraphs (2) and (3), in the matter ‘‘(iii) outreach and followup services, Section 113(a)(2) of the Child Abuse Preven- preceding subparagraph (A), by striking which may include voluntary home visiting tion and Treatment Act (42 U.S.C. 5106i(a)(2)) ‘‘chief executive officer’’ and inserting ‘‘Gov- services; and is amended by striking ‘‘abuse or neglect’’ ernor’’; and ‘‘(iv) community and social service refer- and inserting ‘‘child abuse or neglect’’. (4) in paragraph (2)— rals; and’’; and Subtitle B—Community-Based Grants for the (A) in subparagraphs (A) and (B), by insert- (B) in subparagraph (C)— Prevention of Child Abuse or Neglect ing ‘‘adult former victims of child abuse or (i) in the matter preceding clause (i), by SEC. 131. TITLE HEADING. neglect,’’ after ‘‘parents,’’; and striking ‘‘(C)’’ and inserting ‘‘(B) provide’’; The title heading of title II of the Child (B) in subparagraph (C), by inserting a (ii) by striking clause (ii) and inserting the Abuse Prevention and Treatment Act (42 comma after ‘‘State’’. following: U.S.C. 5116) is amended to read as follows: SEC. 134. AMOUNT OF GRANT. ‘‘(ii) child care, early childhood education ‘‘TITLE II—COMMUNITY-BASED GRANTS Section 203(b)(1) of the Child Abuse Preven- and care, and intervention services;’’; FOR THE PREVENTION OF CHILD ABUSE tion and Treatment Act (42 U.S.C. (iii) in clause (iii), by inserting ‘‘and par- AND NEGLECT’’. 5116b(b)(1))— ents who are individuals with disabilities’’ (1) in subparagraph (A), by striking all before the semicolon; SEC. 132. PURPOSE AND AUTHORITY. that precedes ‘‘70’’ and inserting the fol- (iv) in clause (v), by striking ‘‘scholastic Section 201 of the Child Abuse Prevention lowing: tutoring’’ and inserting ‘‘academic tutor- and Treatment Act (42 U.S.C. 5116) is amend- ‘‘(A) 70 PERCENT.—’’; and ing’’; ed— (2) in subparagraph (B), by striking all that (v) in clause (vii), by striking ‘‘and’’ after (1) by striking subsection (a)(1) and insert- precedes ‘‘30’’ and inserting the following: the semicolon; ing the following: ‘‘(B) 30 PERCENT.—’’. (vi) in clause (viii), by adding ‘‘and’’ after ‘‘(1) to support community-based efforts to SEC. 135. APPLICATION. the semicolon; develop, operate, expand, enhance, and co- Section 205 of the Child Abuse Prevention (vii) by adding at the end the following: ordinate initiatives, programs, and activities and Treatment Act (42 U.S.C. 5116d) is ‘‘(ix) domestic violence service programs to prevent child abuse and neglect and to amended— that provide services and treatment to chil- support the coordination of resources and ac- (1) in paragraphs (1) and (2), by striking dren and their non-abusing caregivers.’’; and tivities, to better strengthen and support ‘‘(through networks where appropriate)’’; (viii) in clause (v), by striking ‘‘scholastic families to reduce the likelihood of child (2) in paragraph (2)— tutoring’’ and inserting ‘‘academic tutor- abuse and neglect; and’’; and (A) by striking ‘‘and how family resource ing’’; (2) in subsection (b)— and support’’ and inserting ‘‘, including how (5) in paragraph (5), by striking ‘‘family re- (A) in the matter preceding paragraph (1), community-based child abuse and neglect source and support program’’ and inserting by striking ‘‘hereafter’’; prevention’’; and ‘‘child abuse and neglect prevention pro- (B) in paragraph (1)— (B) by striking ‘‘services provided’’ and in- gram’’; and (i) in the matter preceding subparagraph serting ‘‘programs provided’’; (6) in paragraph (6), by inserting a comma (A)— (3) in paragraph (4), by inserting a comma after ‘‘operation’’. (I) by inserting a comma after ‘‘expand- after ‘‘operation’’; (b) TECHNICAL AMENDMENT.—Section 206(b) ing’’; and (4) in paragraph (6)— of the Child Abuse Prevention and Treat- (II) by striking ‘‘(through networks where (A) by striking ‘‘an assurance that the ment Act (42 U.S.C. 5116e(b)) is amended— appropriate)’’; State has the’’ and inserting ‘‘a description (1) by striking ‘‘low income’’ and inserting (ii) in subparagraph (E), by inserting before of the State’s’’; and ‘‘low-income’’; and the semicolon the following: ‘‘, including ac- (B) by striking ‘‘consumers and’’ and in- (2) by striking ‘‘family resource and sup- cess to such resources and opportunities for serting ‘‘consumers, of family advocates, and port programs’’ and inserting ‘‘child abuse unaccompanied homeless youth’’; and of adult former victims of child abuse or ne- and neglect prevention programs.’’. (iii) by striking subparagraph (G) and in- glect,’’; SEC. 137. CONFORMING AMENDMENTS. serting the following: (5) in paragraph (7), by inserting a comma Section 207 of the Child Abuse Prevention ‘‘(G) demonstrate a commitment to involv- after ‘‘expansion’’; and Treatment Act (42 U.S.C. 5119f) is ing parents in the planning and program im- (6) in paragraph (8)— amended— plementation of the lead agency and entities (A) by striking ‘‘and activities’’; and (1) in paragraph (1), by inserting a comma carrying out local programs funded under (B) by inserting after ‘‘homelessness,’’ the after ‘‘operation’’; this title, including involvement of parents following: ‘‘unaccompanied homeless (2) in paragraph (2), by inserting ‘‘which of children with disabilities, parents who are youth,’’; description shall specify whether those serv- individuals with disabilities, racial and eth- (7) in paragraph (9), by inserting a comma ices are supported by research’’ after ‘‘sec- nic minorities, and members of other under- after ‘‘training’’; and tion 202’’; represented or underserved groups; and’’; (8) in paragraph (11), by inserting a comma (3) in paragraph (4)— (C) in paragraph (2), by inserting after after ‘‘procedures’’. (A) by striking ‘‘section 205(3)’’ and insert- ‘‘children and families’’ the following: ‘‘, in- SEC. 136. LOCAL PROGRAM REQUIREMENTS. ing ‘‘section 204(3)’’; and cluding unaccompanied homeless youth,’’; (a) IN GENERAL.—Section 206(a) of the Child (B) by inserting a comma after ‘‘oper- (D) in paragraph (3)— Abuse Prevention and Treatment Act (42 ation’’; (i) by inserting ‘‘substance abuse treat- U.S.C. 5116e(a)) is amended— (4) in paragraph (6)— ment services, domestic violence services,’’ (1) in the matter preceding paragraph (1), (A) by inserting a comma after ‘‘local’’; after ‘‘mental health services,’’; by inserting a comma after ‘‘expand’’; and (ii) by striking ‘‘family resource and sup- (2) in paragraph (1)— (B) by inserting a comma after ‘‘expan- port program’’ and inserting ‘‘community- (A) by striking ‘‘parents and’’ and insert- sion’’; and based child abuse and neglect prevention ing ‘‘parents,’’; and (5) in paragraph (7), by striking ‘‘the re- program’’; and (B) by inserting ‘‘in meaningful roles’’ be- sults’’ and all that follows and inserting ‘‘the (iii) by striking ‘‘community-based family fore the semicolon; results of evaluation, or the outcomes of resource and support program’’ and inserting (3) in paragraph (2)— monitoring, conducted under the State pro- ‘‘community-based child abuse and neglect (A) by striking ‘‘a strategy to provide, over gram to demonstrate the effectiveness of ac- prevention programs’’; and time,’’ and inserting ‘‘a comprehensive strat- tivities conducted under this title in meet- (E) in paragraph (4)— egy to provide’’; ing the purposes of the program; and’’.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.005 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8500 CONGRESSIONAL RECORD — SENATE December 3, 2010 SEC. 138. NATIONAL NETWORK FOR COMMUNITY- ‘‘(8) the term ‘unaccompanied homeless ‘‘(4) provide for technical assistance and BASED FAMILY RESOURCE PRO- youth’ means an individual who is described training relating to family violence, domes- GRAMS. in paragraphs (2) and (6) of section 725 of the tic violence, and dating violence programs to Section 208 of the Child Abuse Prevention McKinney-Vento Homeless Assistance Act States and Indian tribes, local public agen- and Treatment Act (42 U.S.C. 5116g) is (42 U.S.C. 11434a).’’. cies (including law enforcement agencies, amended— (b) CONFORMING AMENDMENTS.—Section 111 courts, and legal, social service, and health (1) in paragraph (1), by inserting a comma of the Child Abuse Prevention and Treat- care professionals in public agencies), non- after ‘‘operate’’; ment Act (42 U.S.C. 5106g), as amended by profit private organizations (including faith- (2) in paragraph (2), by inserting a comma section 119, is further amended— based and charitable organizations, commu- after ‘‘operate’’; and (1) by striking paragraphs (1), (2), (3), (5), nity-based organizations, and voluntary as- (3) in paragraph (4), by inserting a comma (9), and (11) of section 111; sociations), tribal organizations, and other after ‘‘operate’’. (2) by redesignating paragraphs (7), (8), and persons seeking such assistance and train- SEC. 139. DEFINITIONS. (10) as paragraphs (1), (2), and (3), respec- ing. Section 209 of the Child Abuse Prevention tively, and inserting the paragraphs before ‘‘SEC. 302. DEFINITIONS. and Treatment Act (42 U.S.C. 5116h) is paragraph (4); ‘‘In this title: amended— (3) in paragraph (3), as so redesignated, by ‘‘(1) ALASKA NATIVE.—The term ‘Alaska (1) by striking paragraph (1); striking ‘‘and’’ at the end; Native’ has the meaning given the term ‘Na- (2) by redesignating paragraphs (2), (3), and (4) in paragraph (4), by adding ‘‘and’’ at the tive’ in section 3 of the Alaska Native Claims (5) as paragraphs (1) through (3), respec- end; and Settlement Act (43 U.S.C. 1602). tively; and (5) by redesignating paragraph (6) as para- ‘‘(2) DATING VIOLENCE.—The term ‘dating (3) in paragraph (3), as so redesignated— graph (5). violence’ has the meaning given such term in (A) in the matter preceding subparagraph Subtitle C—Conforming Amendments section 40002(a) of the Violence Against (A), by inserting ‘‘, including the services of SEC. 151. AMENDMENTS TO TABLE OF CONTENTS. Women Act of 1994 (42 U.S.C. 13925(a)). crisis nurseries,’’ after ‘‘short term care The table of contents in section 1(b) of the ‘‘(3) DOMESTIC VIOLENCE.—The term ‘do- services’’; Child Abuse Prevention and Treatment Act mestic violence’ has the meaning given such (B) in subparagraphs (A) and (B), by strik- is amended— term in section 40002(a) of the Violence ing ‘‘abuse or neglect’’ and inserting ‘‘child (1) by inserting after the item relating to Against Women Act of 1994 (42 U.S.C. abuse or neglect’’; and section 2 the following: 13925(a)). (C) in subparagraph (C), by striking ‘‘have’’ ‘‘(4) FAMILY VIOLENCE.—The term ‘family and all that follows and inserting ‘‘have dis- ‘‘Sec. 3. General definitions.’’; violence’ means any act or threatened act of abilities or chronic or terminal illnesses.’’. (2) by amending the item relating to sec- violence, including any forceful detention of tion 105 to read as follows: SEC. 140. AUTHORIZATION OF APPROPRIATIONS. an individual, that— Section 210 of the Child Abuse Prevention ‘‘Sec. 105. Grants to States, Indian tribes or ‘‘(A) results or threatens to result in phys- and Treatment Act (42 U.S.C. 5116i) is tribal organizations, and public ical injury; and amended— or private agencies and organi- ‘‘(B) is committed by a person against an- (1) by striking ‘‘2004’’ and inserting ‘‘2010’’; zations.’’; other individual (including an elderly indi- and (3) by amending the item relating to sec- vidual) to or with whom such person— (2) by striking ‘‘2005 through 2008’’ and in- tion 106 to read as follows: ‘‘(i) is related by blood; serting ‘‘2011 through 2015’’. ‘‘Sec. 106. Grants to States for child abuse ‘‘(ii) is or was related by marriage or is or SEC. 141. REDESIGNATION. or neglect prevention and treat- was otherwise legally related; or Title II of the Child Abuse Prevention and ment programs.’’; ‘‘(iii) is or was lawfully residing. Treatment Act (42 U.S.C. 5116 et seq.) is (4) by striking the item relating to the ‘‘(5) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- amended by redesignating sections 205 title heading of title II and inserting the fol- TION.—The terms ‘Indian’, ‘Indian tribe’, and through 210 as sections 204 through 209, re- lowing: ‘tribal organization’ have the meanings spectively. ‘‘TITLE II—COMMUNITY-BASED GRANTS given such terms in section 4 of the Indian SEC. 142. TRANSFER OF DEFINITIONS. FOR THE PREVENTION OF CHILD Self-Determination and Education Assist- (a) GENERAL DEFINITIONS.—The Child ABUSE OR NEGLECT’’; ance Act (25 U.S.C. 450b). Abuse Prevention and Treatment Act (42 ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native U.S.C. 5101 et seq.) is amended by inserting and Hawaiian’ has the meaning given the term in after section 2 the following: (5) by striking the items relating to sec- section 7207 of the Elementary and Sec- ‘‘SEC. 3. GENERAL DEFINITIONS. tions 204 through 210 and inserting the fol- ondary Education Act of 1965 (20 U.S.C. 7517). ‘‘In this Act— lowing: ‘‘(7) PERSONALLY IDENTIFYING INFORMA- ‘‘(1) the term ‘child’ means a person who ‘‘Sec. 204. Application. TION.—The term ‘personally identifying in- has not attained the lesser of— ‘‘Sec. 205. Local program requirements. formation’ has the meaning given the term ‘‘(A) the age of 18; or ‘‘Sec. 206. Performance measures. in section 40002(a) of the Violence Against ‘‘(B) except in the case of sexual abuse, the ‘‘Sec. 207. National network for community- Women Act of 1994 (42 U.S.C. 13925(a)). based family resource pro- age specified by the child protection law of ‘‘(8) SECRETARY.—The term ‘Secretary’ the State in which the child resides; grams. means the Secretary of Health and Human ‘‘Sec. 208. Definitions. ‘‘(2) the term ‘child abuse and neglect’ ‘‘Sec. 209. Authorization of appropriations.’’. Services. means, at a minimum, any recent act or fail- ‘‘(9) SHELTER.—The term ‘shelter’ means ure to act on the part of a parent or care- TITLE II—FAMILY VIOLENCE PREVENTION the provision of temporary refuge and sup- taker, which results in death, serious phys- AND SERVICES ACT portive services in compliance with applica- ical or emotional harm, sexual abuse or ex- SEC. 201. FAMILY VIOLENCE PREVENTION AND ble State law (including regulation) gov- ploitation, or an act or failure to act which SERVICES. erning the provision, on a regular basis, of presents an imminent risk of serious harm; The Family Violence Prevention and Serv- shelter, safe homes, meals, and supportive ‘‘(3) the term ‘child with a disability’ ices Act (42 U.S.C. 10401 et seq.) is amended services to victims of family violence, do- means a child with a disability as defined in to read as follows: mestic violence, or dating violence, and their section 602 of the Individuals with Disabil- ‘‘TITLE III—FAMILY VIOLENCE dependents. ities Education Act (20 U.S.C. 1401), or an in- PREVENTION AND SERVICES ‘‘(10) STATE.—The term ‘State’ means each fant or toddler with a disability as defined in ‘‘SEC. 301. SHORT TITLE; PURPOSE. of the several States, the District of Colum- section 632 of such Act (20 U.S.C. 1432); ‘‘(a) SHORT TITLE.—This title may be cited bia, the Commonwealth of Puerto Rico, and, ‘‘(4) the term ‘Governor’ means the chief as the ‘Family Violence Prevention and except as otherwise provided, Guam, Amer- executive officer of a State; Services Act’. ican Samoa, the United States Virgin Is- ‘‘(5) the terms ‘Indian’, ‘Indian tribe’, and ‘‘(b) PURPOSE.—It is the purpose of this lands, and the Commonwealth of the North- ‘tribal organization’ have the meanings title to— ern Mariana Islands. given the terms in section 4 of the Indian ‘‘(1) assist States and Indian tribes in ef- ‘‘(11) STATE DOMESTIC VIOLENCE COALI- Self-Determination and Education Assist- forts to increase public awareness about, and TION.—The term ‘State Domestic Violence ance Act (25 U.S.C. 450b); primary and secondary prevention of, family Coalition’ means a statewide nongovern- ‘‘(6) the term ‘Secretary’ means the Sec- violence, domestic violence, and dating vio- mental nonprofit private domestic violence retary of Health and Human Services; lence; organization that— ‘‘(7) except as provided in section 106(f), the ‘‘(2) assist States and Indian tribes in ef- ‘‘(A) has a membership that includes a ma- term ‘State’ means each of the several forts to provide immediate shelter and sup- jority of the primary-purpose domestic vio- States, the District of Columbia, the Com- portive services for victims of family vio- lence service providers in the State; monwealth of Puerto Rico, the Virgin Is- lence, domestic violence, or dating violence, ‘‘(B) has board membership that is rep- lands, Guam, American Samoa, and the Com- and their dependents; resentative of primary-purpose domestic vio- monwealth of the Northern Mariana Islands; ‘‘(3) provide for a national domestic vio- lence service providers, and which may in- and lence hotline; clude representatives of the communities in

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.006 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8501 which the services are being provided in the retary for evaluation, monitoring, and other search on the provision of assistance for State; administrative costs under this title. adult and youth victims of family violence, ‘‘(C) has as its purpose to provide edu- ‘‘(b) NATIONAL DOMESTIC VIOLENCE HOT- domestic violence, or dating violence; and cation, support, and technical assistance to LINE.—There is authorized to be appropriated ‘‘(4) support the development and imple- such service providers to enable the pro- to carry out section 313 $3,500,000 for each of mentation of effective policies, protocols, viders to establish and maintain shelter and fiscal years 2011 through 2015. and programs within the Department and at supportive services for victims of domestic ‘‘(c) DOMESTIC VIOLENCE PREVENTION EN- other Federal agencies that address the safe- violence and their dependents; and HANCEMENT AND LEADERSHIP THROUGH ALLI- ty and support needs of adult and youth vic- ‘‘(D) serves as an information clearing- ANCES.—There is authorized to be appro- tims of family violence, domestic violence, house, primary point of contact, and re- priated to carry out section 314 $6,000,000 for or dating violence. source center on domestic violence for the each of fiscal years 2011 through 2015. ‘‘(c) REPORTS.—Every 2 years, the Sec- State and supports the development of po- ‘‘SEC. 304. AUTHORITY OF SECRETARY. retary shall review and evaluate the activi- lices, protocols, and procedures to enhance ‘‘(a) AUTHORITIES.—In order to carry out ties conducted by grantees, subgrantees, and domestic violence intervention and preven- the provisions of this title, the Secretary is contractors under this title and the effec- tion in the State. authorized to— tiveness of the programs administered pursu- ‘‘(12) SUPPORTIVE SERVICES.—The term ‘‘(1) appoint and fix the compensation of ant to this title, and submit a report con- ‘supportive services’ means services for adult such personnel as are necessary; taining the evaluation to the Committee on and youth victims of family violence, domes- ‘‘(2) procure, to the extent authorized by Education and Labor of the House of Rep- tic violence, or dating violence, and depend- section 3109 of title 5, United States Code, resentatives and the Committee on Health, ents exposed to family violence, domestic vi- such temporary and intermittent services of Education, Labor, and Pensions of the Sen- olence, or dating violence, that are designed experts and consultants as are necessary; ate. Such report shall also include a sum- to— ‘‘(3) make grants to eligible entities or mary of the documentation provided to the ‘‘(A) meet the needs of such victims of fam- enter into contracts with for-profit or non- Secretary through performance reports sub- ily violence, domestic violence, or dating vi- profit nongovernmental entities and estab- mitted under section 306(d). The Secretary olence, and their dependents, for short-term, lish reporting requirements for such grant- shall make publicly available on the Depart- transitional, or long-term safety; and ees and contractors; ment of Health and Human Services website ‘‘(B) provide counseling, advocacy, or as- ‘‘(4) prescribe such regulations and guid- the evaluation reports submitted to Congress sistance for victims of family violence, do- ance as are reasonably necessary in order to under this subsection, including the sum- mestic violence, or dating violence, and their carry out the objectives and provisions of mary of the documentation provided to the dependents. this title, including regulations and guidance Secretary under section 306(d). ‘‘(13) TRIBALLY DESIGNATED OFFICIAL.—The on implementing new grant conditions estab- ‘‘SEC. 305. ALLOTMENT OF FUNDS. term ‘tribally designated official’ means an lished or provisions modified by amendments ‘‘(a) IN GENERAL.—From the sums appro- individual designated by an Indian tribe, made to this title by the CAPTA Reauthor- priated under section 303 and available for tribal organization, or nonprofit private or- ization Act of 2010, to ensure accountability grants to States under section 306(a) for any ganization authorized by an Indian tribe, to and transparency of the actions of grantees fiscal year— administer a grant under section 309. and contractors, or as determined by the ‘‘(1) Guam, American Samoa, the United ‘‘(14) UNDERSERVED POPULATIONS.—The Secretary to be reasonably necessary to States Virgin Islands, and the Common- term ‘underserved populations’ has the carry out this title; and wealth of the Northern Mariana Islands shall meaning given the term in section 40002(a) of ‘‘(5) coordinate programs within the De- each be allotted not less than 1⁄8 of 1 percent the Violence Against Women Act of 1994 (42 partment of Health and Human Services, and of the amounts available for grants under U.S.C. 13925(a)). For the purposes of this seek to coordinate those programs with pro- section 306(a) for the fiscal year for which title, the Secretary has the same authority grams administered by other Federal agen- the allotment is made; and to determine whether a population is an un- cies, that involve or affect efforts to prevent ‘‘(2) each State shall be allotted for a grant derserved population as the Attorney Gen- family violence, domestic violence, and dat- under section 306(a), $600,000, with the re- eral has under that section 40002(a). ing violence or the provision of assistance maining funds to be allotted to each State in ‘‘SEC. 303. AUTHORIZATION OF APPROPRIATIONS. for adult and youth victims of family vio- an amount that bears the same ratio to such ‘‘(a) FORMULA GRANTS TO STATES.— lence, domestic violence, or dating violence. remaining funds as the population of such ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(b) ADMINISTRATION.—The Secretary State bears to the population of all States. appropriated to carry out sections 301 shall— ‘‘(b) POPULATION.—For the purpose of this through 312, $175,000,000 for each of fiscal ‘‘(1) assign 1 or more employees of the De- section, the population of each State, and years 2011 through 2015. partment of Health and Human Services to the total population of all the States, shall ‘‘(2) ALLOCATIONS.— carry out the provisions of this title, includ- be determined by the Secretary on the basis ‘‘(A) FORMULA GRANTS TO STATES.— ing carrying out evaluation and monitoring of the most recent census data available to ‘‘(i) RESERVATION OF FUNDS.—For any fiscal under this title, which employees shall, prior the Secretary, and the Secretary shall use year for which the amounts appropriated to such appointment, have expertise in the for such purpose, if available, the annual in- under paragraph (1) exceed $130,000,000, not field of family violence and domestic vio- terim current census data produced by the less than 25 percent of such excess funds lence prevention and services and, to the ex- Secretary of Commerce pursuant to section shall be made available to carry out section tent practicable, have expertise in the field 181 of title 13, United States Code. 312. of dating violence; ‘‘(c) RATABLE REDUCTION.—If the sums ap- ‘‘(ii) FORMULA GRANTS.—Of the amounts ‘‘(2) provide technical assistance in the propriated under section 303 for any fiscal appropriated under paragraph (1) for a fiscal conduct of programs for the prevention and year and available for grants to States under year and not reserved under clause (i), not treatment of family violence, domestic vio- section 306(a) are not sufficient to pay in full less than 70 percent shall be used for making lence, and dating violence; the total amounts that all States are enti- grants under section 306(a). ‘‘(3) provide for and coordinate research tled to receive under subsection (a) for such ‘‘(B) GRANTS TO TRIBES.—Of the amounts into the most effective approaches to the fiscal year, then the maximum amounts that appropriated under paragraph (1) for a fiscal intervention in and prevention of family vio- all States are entitled to receive under sub- year and not reserved under subparagraph lence, domestic violence, and dating vio- section (a) for such fiscal year shall be rat- (A)(i), not less than 10 percent shall be used lence, by— ably reduced. In the event that additional to carry out section 309. ‘‘(A) consulting with experts and program funds become available for making such ‘‘(C) TECHNICAL ASSISTANCE AND TRAINING providers within the family violence, domes- grants for any fiscal year during which the CENTERS.—Of the amounts appropriated tic violence, and dating violence field to preceding sentence is applicable, such re- under paragraph (1) for a fiscal year and not identify gaps in research and knowledge, es- duced amounts shall be increased on the reserved under subparagraph (A)(i), not less tablish research priorities, and disseminate same basis as they were reduced. than 6 percent shall be used by the Secretary research findings; ‘‘(d) REALLOTMENT.—If, at the end of the for making grants under section 310. ‘‘(B) collecting and reporting data on the sixth month of any fiscal year for which ‘‘(D) GRANTS FOR STATE DOMESTIC VIOLENCE provision of family violence, domestic vio- sums are appropriated under section 303, the COALITIONS.—Of the amounts appropriated lence, and dating violence services, including amount allotted to a State has not been under paragraph (1) for a fiscal year and not assistance and programs supported by Fed- made available to such State in a grant reserved under subparagraph (A)(i), not less eral funds made available under this title under section 306(a) because of the failure of than 10 percent of such amounts shall be and by other governmental or nongovern- such State to meet the requirements for used by the Secretary for making grants mental sources of funds; and such a grant, then the Secretary shall under section 311. ‘‘(C) coordinating family violence, domes- reallot such amount to States that meet ‘‘(E) ADMINISTRATION, EVALUATION AND tic violence, and dating violence research ef- such requirements. MONITORING.—Of the amount appropriated forts within the Department of Health and ‘‘(e) CONTINUED AVAILABILITY OF FUNDS.— under paragraph (1) for a fiscal year and not Human Services with relevant research ad- All funds allotted to a State for a fiscal year reserved under subparagraph (A)(i), not more ministered or carried out by other Federal under this section, and made available to than 2.5 percent shall be used by the Sec- agencies and other researchers, including re- such State in a grant under section 306(a),

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shall remain available for obligation by the ‘‘(ii) ENFORCEMENT.—The Secretary shall ‘‘(i) disclose any personally identifying in- State until the end of the following fiscal enforce the provisions of clause (i) in accord- formation collected in connection with serv- year. All such funds that are not obligated ance with section 602 of the Civil Rights Act ices requested (including services utilized or by the State by the end of the following fis- of 1964 (42 U.S.C. 2000d–1). Section 603 of such denied), through grantees’ and subgrantees’ cal year shall be made available to the Sec- Act (42 U.S.C. 2000d–2) shall apply with re- programs; or retary for discretionary activities under sec- spect to any action taken by the Secretary ‘‘(ii) reveal personally identifying informa- tion 314. Such funds shall remain available to enforce such clause. tion without informed, written, reasonably for obligation, and for expenditure by a re- ‘‘(iii) CONSTRUCTION.—This subparagraph time-limited consent by the person about cipient of the funds under section 314, for not shall not be construed as affecting any legal whom information is sought, whether for more than 1 year from the date on which the remedy provided under any other provision this program or any other Federal or State funds are made available to the Secretary. of law. grant program, which consent— ‘‘(f) DEFINITION.—In subsection (a)(2), the ‘‘(C) ENFORCEMENT AUTHORITIES OF SEC- ‘‘(I) shall be given by— term ‘State’ does not include any jurisdic- RETARY.—Whenever the Secretary finds that ‘‘(aa) the person, except as provided in tion specified in subsection (a)(1). a State, Indian tribe, or other entity that item (bb) or (cc); ‘‘SEC. 306. FORMULA GRANTS TO STATES. has received financial assistance under this ‘‘(bb) in the case of an unemancipated ‘‘(a) FORMULA GRANTS TO STATES.—The title has failed to comply with a provision of minor, the minor and the minor’s parent or Secretary shall award grants to States in law referred to in subparagraph (A), with guardian; or order to assist in supporting the establish- subparagraph (B), or with an applicable regu- ‘‘(cc) in the case of an individual with a ment, maintenance, and expansion of pro- lation (including one prescribed to carry out guardian, the individual’s guardian; and grams and projects— subparagraph (B)), the Secretary shall notify ‘‘(II) may not be given by the abuser or ‘‘(1) to prevent incidents of family vio- the chief executive officer of the State in- suspected abuser of the minor or individual lence, domestic violence, and dating vio- volved or the tribally designated official of with a guardian, or the abuser or suspected lence; the tribe involved and shall request such of- abuser of the other parent of the minor. ‘‘(2) to provide immediate shelter, sup- ficer or official to secure compliance. If, ‘‘(C) RELEASE.—If release of information portive services, and access to community- within a reasonable period of time, not to ex- described in subparagraph (B) is compelled based programs for victims of family vio- ceed 60 days, the chief executive officer or of- by statutory or court mandate— lence, domestic violence, or dating violence, ficial fails or refuses to secure compliance, ‘‘(i) grantees and subgrantees shall make and their dependents; and the Secretary may— reasonable attempts to provide notice to vic- ‘‘(3) to provide specialized services for chil- ‘‘(i) refer the matter to the Attorney Gen- tims affected by the release of the informa- dren exposed to family violence, domestic vi- eral with a recommendation that an appro- tion; and olence, or dating violence, underserved popu- priate civil action be instituted; ‘‘(ii) grantees and subgrantees shall take lations, and victims who are members of ra- ‘‘(ii) exercise the powers and functions pro- steps necessary to protect the privacy and cial and ethnic minority populations. vided by title VI of the Civil Rights Act of safety of the persons affected by the release ‘‘(b) ADMINISTRATIVE EXPENSES.— 1964 (42 U.S.C. 2000d et seq.), the Age Dis- of the information. ‘‘(1) ADMINISTRATIVE COSTS.—Each State crimination Act of 1975 (42 U.S.C. 6101 et ‘‘(D) INFORMATION SHARING.—Grantees and may use not more than 5 percent of the grant seq.), sections 504 and 505 of the Rehabilita- subgrantees may share— funds for State administrative costs. tion Act of 1973 (29 U.S.C. 794, 794(a)), or title ‘‘(i) nonpersonally identifying information, ‘‘(2) SUBGRANTS TO ELIGIBLE ENTITIES.—The IX of the Education Amendments of 1972 (20 in the aggregate, regarding services to their State shall use the remainder of the grant U.S.C. 1681 et seq.), as may be applicable; or clients and demographic nonpersonally iden- funds to make subgrants to eligible entities ‘‘(iii) take such other action as may be pro- tifying information in order to comply with for approved purposes as described in section vided by law. Federal, State, or tribal reporting, evalua- 308. ‘‘(D) ENFORCEMENT AUTHORITY OF ATTORNEY tion, or data collection requirements; ‘‘(c) GRANT CONDITIONS.— GENERAL.—When a matter is referred to the ‘‘(ii) court-generated information and law ‘‘(1) APPROVED ACTIVITIES.—In carrying out Attorney General pursuant to subparagraph enforcement-generated information con- the activities under this title, grantees and (C)(i), or whenever the Attorney General has tained in secure, governmental registries for subgrantees may collaborate with and pro- reason to believe that a State, an Indian protective order enforcement purposes; and vide information to Federal, State, local, tribe, or an entity described in subparagraph ‘‘(iii) law enforcement- and prosecution- and tribal public officials and agencies, in (C) is engaged in a pattern or practice in vio- generated information necessary for law en- accordance with limitations on disclosure of lation of a provision of law referred to in forcement and prosecution purposes. confidential or private information as de- subparagraph (A) or in violation of subpara- ‘‘(E) OVERSIGHT.—Nothing in this para- scribed in paragraph (5), to develop and im- graph (B), the Attorney General may bring a graph shall prevent the Secretary from dis- plement policies to reduce or eliminate fam- civil action in any appropriate district court closing grant activities authorized in this ily violence, domestic violence, and dating of the United States for such relief as may be title to the Committee on Education and violence. appropriate, including injunctive relief. Labor of the House of Representatives and ‘‘(2) DISCRIMINATION PROHIBITED.— ‘‘(3) INCOME ELIGIBILITY STANDARDS.—No in- the Committee on Health, Education, Labor, ‘‘(A) APPLICATION OF CIVIL RIGHTS PROVI- come eligibility standard may be imposed and Pensions of the Senate and exercising SIONS.—For the purpose of applying the pro- upon individuals with respect to eligibility congressional oversight authority. In mak- hibitions against discrimination on the basis for assistance or services supported with ing all such disclosures, the Secretary shall of age under the Age Discrimination Act of funds appropriated to carry out this title. No protect the confidentiality of individuals and 1975 (42 U.S.C. 6101 et seq.), on the basis of fees may be levied for assistance or services omit personally identifying information, in- disability under section 504 of the Rehabili- provided with funds appropriated to carry cluding location information about individ- tation Act of 1973 (29 U.S.C. 794), on the basis out this title. uals and shelters. of sex under title IX of the Education ‘‘(4) MATCH.—No grant shall be made under ‘‘(F) STATUTORILY PERMITTED REPORTS OF Amendments of 1972 (20 U.S.C. 1681 et seq.), this section to any entity other than a State ABUSE OR NEGLECT.—Nothing in this para- or on the basis of race, color, or national ori- or an Indian tribe unless the entity agrees graph shall prohibit a grantee or subgrantee gin under title VI of the Civil Rights Act of that, with respect to the costs to be incurred from reporting abuse and neglect, as those 1964 (42 U.S.C. 2000d et seq.), programs and by the entity in carrying out the program or terms are defined by law, where mandated or activities funded in whole or in part with project for which the grant is awarded, the expressly permitted by the State or Indian funds made available under this title are entity will make available (directly or tribe involved. considered to be programs and activities re- through donations from public or private en- ‘‘(G) PREEMPTION.—Nothing in this para- ceiving Federal financial assistance. tities) non-Federal contributions in an graph shall be construed to supersede any ‘‘(B) PROHIBITION ON DISCRIMINATION ON amount that is not less than $1 for every $5 provision of any Federal, State, tribal, or BASIS OF SEX, RELIGION.— of Federal funds provided under the grant. local law that provides greater protection ‘‘(i) IN GENERAL.—No person shall on the The non-Federal contributions required than this paragraph for victims of family vi- ground of sex or religion be excluded from under this paragraph may be in cash or in olence, domestic violence, or dating vio- participation in, be denied the benefits of, or kind. lence. be subject to discrimination under, any pro- ‘‘(5) NONDISCLOSURE OF CONFIDENTIAL OR ‘‘(H) CONFIDENTIALITY OF LOCATION.—The gram or activity funded in whole or in part PRIVATE INFORMATION.— address or location of any shelter facility as- with funds made available under this title. ‘‘(A) IN GENERAL.—In order to ensure the sisted under this title that otherwise main- Nothing in this title shall require any such safety of adult, youth, and child victims of tains a confidential location shall, except program or activity to include any indi- family violence, domestic violence, or dating with written authorization of the person or vidual in any program or activity without violence, and their families, grantees and persons responsible for the operation of such taking into consideration that individual’s subgrantees under this title shall protect the shelter, not be made public. sex in those certain instances where sex is a confidentiality and privacy of such victims ‘‘(6) SUPPLEMENT NOT SUPPLANT.—Federal bona fide occupational qualification or pro- and their families. funds made available to a State or Indian grammatic factor reasonably necessary to ‘‘(B) NONDISCLOSURE.—Subject to subpara- tribe under this title shall be used to supple- the normal or safe operation of that par- graphs (C), (D), and (E), grantees and sub- ment and not supplant other Federal, State, ticular program or activity. grantees shall not— tribal, and local public funds expended to

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.006 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8503 provide services and activities that promote under this title, and for coordination of re- the operating and administrative expenses of the objectives of this title. lated programs within the jurisdiction of the the facilities for such shelter; ‘‘(d) REPORTS AND EVALUATION.—Each State or Indian tribe; ‘‘(B) assistance in developing safety plans, grantee shall submit an annual performance ‘‘(H) provide an assurance that the State and supporting efforts of victims of family report to the Secretary at such time as shall or Indian tribe has a law or procedure that violence, domestic violence, or dating vio- be reasonably required by the Secretary. has been implemented for the eviction of an lence to make decisions related to their on- Such performance report shall describe the abusing spouse from a shared household; and going safety and well-being; grantee and subgrantee activities that have ‘‘(I) meet such requirements as the Sec- ‘‘(C) provision of individual and group been carried out with grant funds made retary reasonably determines are necessary counseling, peer support groups, and referral available under subsection (a) or section 309, to carry out the objectives and provisions of to community-based services to assist family contain an evaluation of the effectiveness of this title. violence, domestic violence, and dating vio- such activities, and provide such additional ‘‘(b) APPROVAL OF APPLICATION.— lence victims, and their dependents, in re- information as the Secretary may reason- ‘‘(1) IN GENERAL.—The Secretary shall ap- covering from the effects of the violence; ably require. prove any application that meets the re- ‘‘(D) provision of services, training, tech- ‘‘SEC. 307. STATE APPLICATION. quirements of subsection (a) and section 306. nical assistance, and outreach to increase ‘‘(a) APPLICATION.— The Secretary shall not disapprove any ap- awareness of family violence, domestic vio- ‘‘(1) IN GENERAL.—The chief executive offi- plication under this subsection unless the lence, and dating violence and increase the cer of a State seeking funds under section Secretary gives the applicant reasonable no- accessibility of family violence, domestic vi- 306(a) or a tribally designated official seek- tice of the Secretary’s intention to dis- olence, and dating violence services; ing funds under section 309(a) shall submit approve and a 6-month period providing an ‘‘(E) provision of culturally and linguis- an application to the Secretary at such time opportunity for correction of any defi- tically appropriate services; and in such manner as the Secretary may ciencies. ‘‘(F) provision of services for children ex- reasonably require. ‘‘(2) CORRECTION OF DEFICIENCIES.—The Sec- posed to family violence, domestic violence, ‘‘(2) CONTENTS.—Each such application retary shall give such notice, within 45 days or dating violence, including age-appropriate shall— after the date of submission of the applica- counseling, supportive services, and services ‘‘(A) provide a description of the proce- tion, if any of the provisions of subsection for the nonabusing parent that support that dures that have been developed to ensure (a) or section 306 have not been satisfied in parent’s role as a caregiver, which may, as compliance with the provisions of sections such application. If the State or Indian tribe appropriate, include services that work with 306(c) and 308(d); does not correct the deficiencies in such ap- the nonabusing parent and child together; ‘‘(B) provide, with respect to funds de- plication within the 6-month period fol- ‘‘(G) provision of advocacy, case manage- scribed in paragraph (1), assurances that— lowing the receipt of the Secretary’s notice, ment services, and information and referral ‘‘(i) not more than 5 percent of such funds the Secretary shall withhold payment of any services, concerning issues related to family will be used for administrative costs; grant funds under section 306 to such State violence, domestic violence, or dating vio- ‘‘(ii) the remaining funds will be distrib- or under section 309 to such Indian tribe lence intervention and prevention, includ- uted to eligible entities as described in sec- until such date as the State or Indian tribe ing— tion 308(a) for approved activities as de- provides documentation that the deficiencies ‘‘(i) assistance in accessing related Federal scribed in section 308(b); and have been corrected. and State financial assistance programs; ‘‘(iii) in the distribution of funds by a ‘‘(3) STATE OR TRIBAL DOMESTIC VIOLENCE ‘‘(ii) legal advocacy to assist victims and State under section 308(a), the State will COALITION PARTICIPATION IN DETERMINATIONS their dependents; give special emphasis to the support of com- OF COMPLIANCE.—State Domestic Violence ‘‘(iii) medical advocacy, including provi- munity-based projects of demonstrated effec- Coalitions, or comparable coalitions for In- sion of referrals for appropriate health care tiveness, that are carried out by nonprofit dian tribes, shall be permitted to participate services (including mental health, alcohol, private organizations and that— in determining whether grantees for cor- and drug abuse treatment), but which shall ‘‘(I) have as their primary purpose the op- responding States or Indian tribes are in not include reimbursement for any health eration of shelters for victims of family vio- compliance with subsection (a) and section care services; lence, domestic violence, and dating vio- 306(c), except that no funds made available ‘‘(iv) assistance locating and securing safe lence, and their dependents; or under section 311 shall be used to challenge and affordable permanent housing and home- ‘‘(II) provide counseling, advocacy, and a determination about whether a grantee is lessness prevention services; self-help services to victims of family vio- in compliance with, or to seek the enforce- ‘‘(v) provision of transportation, child care, lence, domestic violence, and dating vio- ment of, the requirements of this title. respite care, job training and employment lence, and their dependents; ‘‘(4) FAILURE TO REPORT; NONCONFORMING services, financial literacy services and edu- ‘‘(C) in the case of an application sub- EXPENDITURES.—The Secretary shall suspend cation, financial planning, and related eco- mitted by a State, provide an assurance that funding for an approved application if the ap- nomic empowerment services; and there will be an equitable distribution of plicant fails to submit an annual perform- ‘‘(vi) parenting and other educational serv- grants and grant funds within the State and ance report under section 306(d), or if funds ices for victims and their dependents; and between urban and rural areas within such are expended for purposes other than those ‘‘(H) prevention services, including out- State; set forth in section 306(b), after following the reach to underserved populations. ‘‘(D) in the case of an application sub- procedures set forth in paragraphs (1), (2), ‘‘(2) SHELTER AND SUPPORTIVE SERVICES.— mitted by a State, provide an assurance that and (3). Not less than 70 percent of the funds distrib- the State will consult with and provide for ‘‘SEC. 308. SUBGRANTS AND USES OF FUNDS. uted by a State under subsection (a) shall be the participation of the State Domestic Vio- ‘‘(a) SUBGRANTS.—A State that receives a distributed to entities for the primary pur- lence Coalition in the planning and moni- grant under section 306(a) shall use grant pose of providing immediate shelter and sup- toring of the distribution of grants to eligi- funds described in section 306(b)(2) to provide portive services to adult and youth victims ble entities as described in section 308(a) and subgrants to eligible entities for programs of family violence, domestic violence, or dat- the administration of the grant programs and projects within such State, that is de- ing violence, and their dependents, as de- and projects; signed to prevent incidents of family vio- scribed in paragraph (1)(A). Not less than 25 ‘‘(E) describe how the State or Indian tribe lence, domestic violence, and dating violence percent of the funds distributed by a State will involve community-based organizations, by providing immediate shelter and sup- under subsection (a) shall be distributed to whose primary purpose is to provide cul- portive services for adult and youth victims entities for the purpose of providing sup- turally appropriate services to underserved of family violence, domestic violence, or dat- portive services and prevention services as populations, including how such community- ing violence (and their dependents), and that described in subparagraphs (B) through (H) based organizations can assist the State or may provide prevention services to prevent of paragraph (1). Indian tribe in addressing the unmet needs of future incidents of family violence, domestic ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to such populations; violence, and dating violence. receive a subgrant from a State under this ‘‘(F) describe how activities and services ‘‘(b) USE OF FUNDS.— section, an entity shall be— provided by the State or Indian tribe are de- ‘‘(1) IN GENERAL.—Funds awarded to eligi- ‘‘(1) a local public agency, or a nonprofit signed to reduce family violence, domestic ble entities under subsection (a) shall be private organization (including faith-based violence, and dating violence, including how used to provide shelter, supportive services, and charitable organizations, community- funds will be used to provide shelter, sup- or prevention services to adult and youth based organizations, tribal organizations, portive services, and prevention services in victims of family violence, domestic vio- and voluntary associations), that assists vic- accordance with section 308(b); lence, or dating violence, and their depend- tims of family violence, domestic violence, ‘‘(G) specify the State agency or tribally ents, which may include— or dating violence, and their dependents, and designated official to be designated as re- ‘‘(A) provision, on a regular basis, of imme- has a documented history of effective work sponsible for the administration of programs diate shelter and related supportive services concerning family violence, domestic vio- and activities relating to family violence, to adult and youth victims of family vio- lence, or dating violence; or domestic violence, and dating violence, that lence, domestic violence, or dating violence, ‘‘(2) a partnership of 2 or more agencies or are carried out by the State or Indian tribe and their dependents, including paying for organizations that includes—

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.006 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8504 CONGRESSIONAL RECORD — SENATE December 3, 2010 ‘‘(A) an agency or organization described ‘‘(ii) support training and technical assist- olence and access to health care resources in paragraph (1); and ance that address emerging issues related to for victims of domestic violence. ‘‘(B) an agency or organization that has a family violence, domestic violence, or dating ‘‘(D) The response of mental health sys- demonstrated history of serving populations violence, to entities demonstrating related tems, domestic violence service programs, in their communities, including providing expertise. and other related systems and programs to culturally appropriate services. ‘‘(b) DOMESTIC VIOLENCE RESOURCE CEN- victims of domestic violence and to their ‘‘(d) CONDITIONS.— TERS.— children who are exposed to domestic vio- ‘‘(1) DIRECT PAYMENTS TO VICTIMS OR DE- ‘‘(1) NATIONAL RESOURCE CENTERS.—In ac- lence. PENDANTS.—No funds provided under this cordance with subsection (a)(2), the Sec- ‘‘(E) In the case of 3 specific resource cen- title may be used as direct payment to any retary shall award grants to eligible entities ters, enhancing domestic violence interven- victim of family violence, domestic violence, for— tion and prevention efforts for victims of do- or dating violence, or to any dependent of ‘‘(A) a National Resource Center on Do- mestic violence who are members of racial such victim. mestic Violence, which shall— and ethnic minority groups, to enhance the ‘‘(2) VOLUNTARILY ACCEPTED SERVICES.—Re- ‘‘(i) offer a comprehensive array of tech- cultural and linguistic relevancy of service ceipt of supportive services under this title nical assistance and training resources to delivery, resource utilization, policy, re- shall be voluntary. No condition may be ap- Federal, State, and local governmental agen- search, technical assistance, community education, and prevention initiatives. plied for the receipt of emergency shelter as cies, domestic violence service providers, ‘‘(3) STATE RESOURCE CENTERS TO REDUCE described in subsection (b)(1)(A). community-based organizations, and other TRIBAL DISPARITIES.— ‘‘SEC. 309. GRANTS FOR INDIAN TRIBES. professionals and interested parties, related ‘‘(A) IN GENERAL.—In accordance with sub- ‘‘(a) GRANTS AUTHORIZED.—The Secretary, to domestic violence service programs and section (a)(2), the Secretary may award in consultation with tribal governments pur- research, including programs and research grants to eligible entities for State resource suant to Executive Order 13175 (25 U.S.C. 450 related to victims and their children who are centers, which shall provide statewide infor- note) and in accordance with section 903 of exposed to domestic violence; and mation, training, and technical assistance to the Violence Against Women and Depart- ‘‘(ii) maintain a central resource library in Indian tribes, tribal organizations, and local ment of Justice Reauthorization Act of 2005 order to collect, prepare, analyze, and dis- (42 U.S.C. 14045d), shall continue to award domestic violence service organizations serv- seminate information and statistics related ing Indians (including Alaska Natives) or Na- grants for Indian tribes from amounts appro- to— priated under section 303(a)(2)(B) to carry tive Hawaiians, in a culturally sensitive and ‘‘(I) the incidence and prevention of family relevant manner. out this section. violence and domestic violence; and ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to ‘‘(B) REQUIREMENTS.—An eligible entity ‘‘(II) the provision of shelter, supportive receive a grant under this section, an entity shall use a grant provided under this para- services, and prevention services to adult shall be an Indian tribe, or a tribal organiza- graph— and youth victims of domestic violence (in- tion or nonprofit private organization au- ‘‘(i) to offer a comprehensive array of tech- cluding services to prevent repeated inci- thorized by an Indian tribe. An Indian tribe nical assistance and training resources to In- dents of violence); and shall have the option to authorize a tribal dian tribes, tribal organizations, and pro- ‘‘(B) a National Indian Resource Center organization or a nonprofit private organiza- viders of services to Indians (including Alas- Addressing Domestic Violence and Safety for tion to submit an application and administer ka Natives) or Native Hawaiians, specifically Indian Women, which shall— the grant funds awarded under this section. designed to enhance the capacity of the ‘‘(i) offer a comprehensive array of tech- ‘‘(c) CONDITIONS.—Each recipient of such a tribes, organizations, and providers to re- grant shall comply with requirements that nical assistance and training resources to In- spond to domestic violence, including offer- are consistent with the requirements appli- dian tribes and tribal organizations, specifi- ing the resources in States in which the pop- cable to grantees under section 306. cally designed to enhance the capacity of the ulation of Indians (including Alaska Natives) ‘‘(d) GRANTEE APPLICATION.—To be eligible tribes and organizations to respond to do- or Native Hawaiians exceeds 2.5 percent of to receive a grant under this section, an en- mestic violence and the findings of section the total population of the State; tity shall submit an application to the Sec- 901 of the Violence Against Women and De- ‘‘(ii) to coordinate all projects and activi- retary under section 307 at such time, in partment of Justice Reauthorization Act of ties with the national resource center de- such manner, and containing such informa- 2005 (42 U.S.C. 3796gg–10 note); scribed in paragraph (1)(B), including tion as the Secretary determines to be essen- ‘‘(ii) enhance the intervention and preven- projects and activities that involve working tial to carry out the objectives and provi- tion efforts of Indian tribes and tribal orga- with nontribal State and local governments sions of this title. The Secretary shall ap- nizations to respond to domestic violence to enhance their capacity to understand the prove any application that meets require- and increase the safety of Indian women in unique needs of Indians (including Alaska ments consistent with the requirements of support of the purposes of section 902 of the Natives) and Native Hawaiians; and section 306(c) and section 307(a). Violence Against Women and Department of ‘‘(iii) to provide comprehensive community ‘‘(e) USE OF FUNDS.—An amount provided Justice Reauthorization Act of 2005 (42. education and domestic violence prevention under a grant to an eligible entity shall be U.S.C. 3796gg–10 note); and initiatives in a culturally sensitive and rel- used for the services described in section ‘‘(iii) coordinate activities with other Fed- evant manner. 308(b). eral agencies, offices, and grantees that ad- ‘‘(c) ELIGIBILITY.— ‘‘SEC. 310. NATIONAL RESOURCE CENTERS AND dress the needs of Indians (including Alaska ‘‘(1) IN GENERAL.—To be eligible to receive TRAINING AND TECHNICAL ASSIST- Natives), and Native Hawaiians that experi- a grant under subsection (b)(1)(A) or sub- ANCE CENTERS. ence domestic violence, including the Office paragraph (A), (B), (C), or (D) of subsection ‘‘(a) PURPOSE AND GRANTS AUTHORIZED.— of Justice Services at the Bureau of Indian (b)(2), an entity shall be a nonprofit private ‘‘(1) PURPOSE.—The purpose of this section Affairs, the Indian Health Service of the De- organization that focuses primarily on do- is to provide resource information, training, partment of Health and Human Services, and mestic violence and that— and technical assistance relating to the ob- the Office on Violence Against Women of the ‘‘(A) provides documentation to the Sec- jectives of this title to improve the capacity Department of Justice. retary demonstrating experience working di- of individuals, organizations, governmental ‘‘(2) SPECIAL ISSUE RESOURCE CENTERS.—In rectly on issues of domestic violence, and (in entities, and communities to prevent family accordance with subsection (a)(2)(A)(ii), the the case of an entity seeking a grant under violence, domestic violence, and dating vio- Secretary shall award grants to eligible enti- subsection (b)(2)) demonstrating experience lence and to provide effective intervention ties for special issue resource centers, which working directly in the corresponding spe- services. shall be national in scope and shall provide cific special issue area described in sub- ‘‘(2) GRANTS AUTHORIZED.—From the information, training, and technical assist- section (b)(2); amounts appropriated under this title and ance to State and local domestic violence ‘‘(B) includes on the entity’s advisory reserved under section 303(a)(2)(C), the Sec- service providers. Each special issue resource board representatives who are from domestic retary— center shall focus on enhancing domestic vi- violence service programs and who are geo- ‘‘(A) shall award grants to eligible entities olence intervention and prevention efforts in graphically and culturally diverse; and for the establishment and maintenance of— at least one of the following areas: ‘‘(C) demonstrates the strong support of ‘‘(i) 2 national resource centers (as pro- ‘‘(A) The response of the criminal and civil domestic violence service programs from vided for in subsection (b)(1)); and justice systems to domestic violence vic- across the Nation for the entity’s designa- ‘‘(ii) at least 7 special issue resource cen- tims, which may include the response to the tion as a national resource center or a spe- ters addressing key areas of domestic vio- use of the self-defense plea by domestic vio- cial issue resource center, as appropriate. lence, and intervention and prevention (as lence victims and the issuance and use of ‘‘(2) NATIONAL INDIAN RESOURCE CENTER.— provided for in subsection (b)(2)); and protective orders. To be eligible to receive a grant under sub- ‘‘(B) may award grants, to— ‘‘(B) The response of child protective serv- section (b)(1)(B), an entity shall be a tribal ‘‘(i) State resource centers to reduce dis- ice agencies to victims of domestic violence organization or a nonprofit private organiza- parities in domestic violence in States with and their dependents and child custody tion that focuses primarily on issues of do- high proportions of Indian (including Alaska issues in domestic violence cases. mestic violence within Indian tribes and that Native) or Native Hawaiian populations (as ‘‘(C) The response of the interdisciplinary submits documentation to the Secretary provided for in subsection (b)(3)); and health care system to victims of domestic vi- demonstrating—

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.006 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8505 ‘‘(A) experience working with Indian tribes ‘‘SEC. 311. GRANTS TO STATE DOMESTIC VIO- visitation issues in cases of child exposure to and tribal organizations to respond to do- LENCE COALITIONS. family violence, domestic violence, or dating mestic violence and the findings of section ‘‘(a) GRANTS.—The Secretary shall award violence and in cases in which— 901 of the Violence Against Women and De- grants for the funding of State Domestic Vi- ‘‘(A) family violence, domestic violence, or partment of Justice Reauthorization Act of olence Coalitions. dating violence is present; and ‘‘(b) ALLOTMENT OF FUNDS.— 2005 (42 U.S.C. 3796gg–10 note); ‘‘(B) child abuse is present; ‘‘(1) IN GENERAL.—From the amount appro- ‘‘(B) experience providing Indian tribes and ‘‘(7) providing information to the public priated under section 303(a)(2)(D) for each about prevention of family violence, domes- tribal organizations with assistance in devel- fiscal year, the Secretary shall allot to each oping tribally-based prevention and inter- tic violence, and dating violence, including of the 50 States, the District of Columbia, information targeted to underserved popu- vention services addressing domestic vio- the Commonwealth of Puerto Rico, and each lence and safety for Indian women consistent lations; and of the covered territories an amount equal to ‘‘(8) collaborating with Indian tribes and with the purposes of section 902 of the Vio- 1 ⁄56 of the amount so appropriated for such tribal organizations (and corresponding Na- lence Against Women and Department of fiscal year. Justice Reauthorization Act of 2005 (42 tive Hawaiian groups or communities) to ad- ‘‘(2) DEFINITION.—For purposes of this sub- dress the needs of Indian (including Alaska U.S.C. 3796gg–10 note); section, the term ‘covered territories’ means ‘‘(C) strong support for the entity’s des- Native) and Native Hawaiian victims of fam- Guam, American Samoa, the United States ily violence, domestic violence, or dating vi- ignation as the National Indian Resource Virgin Islands, and the Commonwealth of olence, as applicable in the State. Center Addressing Domestic Violence and the Northern Mariana Islands. IMITATION ON SE OF UNDS Safety for Indian Women from advocates ‘‘(c) APPLICATION.—Each State Domestic ‘‘(e) L U F .—A coali- working within Indian tribes to address do- Violence Coalition desiring a grant under tion that receives a grant under this section mestic violence and the safety of Indian this section shall submit an application to shall not be required to use funds received women; the Secretary at such time, in such manner, under this title for the purposes described in ‘‘(D) a record of demonstrated effectiveness and containing such information as the Sec- paragraph (5) or (6) of subsection (d) if the in assisting Indian tribes and tribal organi- retary determines to be essential to carry coalition provides an annual assurance to the Secretary that the coalition is— zations with prevention and intervention out the objectives of this section. The appli- ‘‘(1) using funds received under section services addressing domestic violence; and cation submitted by the coalition for the 2001(c)(1) of the Omnibus Crime Control and ‘‘(E) the capacity to serve Indian tribes (in- grant shall provide documentation of the Safe Streets Act of 1968 (42 U.S.C. cluding Alaska Native villages and regional coalition’s work, satisfactory to the Sec- 3796gg(c)(1)) for such purposes; and and village corporations) across the United retary, demonstrating that the coalition— ‘‘(2) coordinating the activities carried out States. ‘‘(1) meets all of the applicable require- ments set forth in this title; and by the coalition under subsection (d) with ‘‘(3) SPECIAL ISSUE RESOURCE CENTERS CON- ‘‘(2) demonstrates the ability to conduct the State’s activities under part T of title I CERNED WITH RACIAL AND ETHNIC MINORITY appropriately all activities described in this of the Omnibus Crime Control and Safe GROUPS.—To be eligible to receive a grant section, as indicated by— Streets Act of 1968 (42 U.S.C. 3796gg et seq.) under subsection (b)(2)(E), an entity shall be ‘‘(A) documented experience in admin- that address those purposes. an entity that— istering Federal grants to conduct the ac- ‘‘(f) PROHIBITION ON LOBBYING.—No funds ‘‘(A) is a nonprofit private organization tivities described in subsection (d); or made available to entities under this section that focuses primarily on issues of domestic ‘‘(B) a documented history of active par- shall be used, directly or indirectly, to influ- violence in a racial or ethnic community, or ticipation in the activities described in para- ence the issuance, amendment, or revocation is a public or private nonprofit educational graphs (1), (3), (4), and (5) of subsection (d) of any executive order or similar promulga- institution that has a domestic violence in- and a demonstrated capacity to conduct the tion by any Federal, State, or local agency, stitute, center, or program related to cul- activities described in subsection (d)(2). or to undertake to influence the passage or turally specific issues in domestic violence; ‘‘(d) USE OF FUNDS.—A coalition that re- defeat of any legislation by Congress, or by and ceives a grant under this section shall use any State or local legislative body, or State ‘‘(B)(i) has documented experience in the the grant funds for administration and oper- proposals by initiative petition, except that areas of domestic violence prevention and ations to further the purposes of family vio- the representatives of the entity may testify services, and experience relevant to the spe- lence, domestic violence, and dating violence or make other appropriate communication— cific racial or ethnic population to which in- intervention and prevention, through activi- ‘‘(1) when formally requested to do so by a formation, training, technical assistance, ties that shall include— legislative body, a committee, or a member and outreach would be provided under the ‘‘(1) working with local family violence, of the body or committee; or grant; domestic violence, and dating violence serv- ‘‘(2) in connection with legislation or ap- ‘‘(ii) demonstrates the strong support, of ice programs and providers of direct services propriations directly affecting the activities advocates from across the Nation who are to encourage appropriate and comprehensive of the entity. working to address domestic violence; and responses to family violence, domestic vio- ‘‘(g) REPORTS AND EVALUATION.—Each enti- ‘‘(iii) has a record of demonstrated effec- lence, and dating violence against adults or ty receiving a grant under this section shall tiveness in enhancing the cultural and lin- youth within the State involved, including submit a performance report to the Sec- guistic relevancy of service delivery. providing training and technical assistance retary at such time as shall be reasonably ‘‘(4) STATE RESOURCE CENTERS TO REDUCE and conducting State needs assessments; required by the Secretary. Such performance TRIBAL DISPARITIES.—To be eligible to re- ‘‘(2) participating in planning and moni- report shall describe the activities that have ceive a grant under subsection (b)(3), an enti- toring the distribution of subgrants and been carried out with such grant funds, con- ty shall— subgrant funds within the State under sec- tain an evaluation of the effectiveness of ‘‘(A)(i) be located in a State in which the tion 308(a); such activities, and provide such additional population of Indians (including Alaska Na- ‘‘(3) working in collaboration with service information as the Secretary may reason- tives) or Native Hawaiians exceeds 10 percent providers and community-based organiza- ably require. tions to address the needs of family violence, of the total population of the State; or ‘‘(h) INDIAN REPRESENTATIVES.—For pur- domestic violence, and dating violence vic- ‘‘(ii) be an Indian tribe, tribal organiza- poses of this section, a State Domestic Vio- tims, and their dependents, who are members tion, or Native Hawaiian organization that lence Coalition may include representatives of racial and ethnic minority populations focuses primarily on issues of domestic vio- of Indian tribes and tribal organizations. and underserved populations; lence among Indians or Native Hawaiians, or ‘‘(4) collaborating with and providing infor- ‘‘SEC. 312. SPECIALIZED SERVICES FOR ABUSED an institution of higher education; and mation to entities in such fields as housing, PARENTS AND THEIR CHILDREN. ‘‘(B) demonstrate the ability to serve all health care, mental health, social welfare, or ‘‘(a) IN GENERAL.— regions of the State, including under- business to support the development and im- ‘‘(1) PROGRAM.—The Secretary shall estab- developed areas and areas that are geo- plementation of effective policies, protocols, lish a grant program to expand the capacity graphically distant from population centers. and programs that address the safety and of family violence, domestic violence, and ‘‘(d) REPORTS AND EVALUATION.—Each enti- support needs of adult and youth victims of dating violence service programs and com- ty receiving a grant under this section shall family violence, domestic violence, or dating munity-based programs to prevent future do- submit a performance report to the Sec- violence; mestic violence by addressing, in an appro- retary annually and in such manner as shall ‘‘(5) encouraging appropriate responses to priate manner, the needs of children exposed be reasonably required by the Secretary. cases of family violence, domestic violence, to family violence, domestic violence, or dat- or dating violence against adults or youth, ing violence. Such performance report shall describe the including by working with judicial and law ‘‘(2) GRANTS.—The Secretary may make activities that have been carried out with enforcement agencies; grants to eligible entities through the pro- such grant funds, contain an evaluation of ‘‘(6) working with family law judges, crimi- gram established under paragraph (1) for pe- the effectiveness of the activities, and pro- nal court judges, child protective service riods of not more than 2 years. If the Sec- vide such additional information as the Sec- agencies, and children’s advocates to develop retary determines that an entity has re- retary may reasonably require. appropriate responses to child custody and ceived such a grant and been successful in

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.007 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8506 CONGRESSIONAL RECORD — SENATE December 3, 2010 meeting the objectives of the grant applica- information as the Secretary may reason- scribed in section 306(c)(5) and follows com- tion submitted under subsection (c), the Sec- ably require. prehensive quality assurance practices; and retary may renew the grant for 1 additional ‘‘SEC. 313. NATIONAL DOMESTIC VIOLENCE HOT- ‘‘(8) contain such other information as the period of not more than 2 years. LINE GRANT. Secretary may require. ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(e) HOTLINE ACTIVITIES.— receive a grant under this section, an entity award a grant to a nonprofit private entity ‘‘(1) IN GENERAL.—An entity that receives a shall be a local agency, a nonprofit private to provide for the ongoing operation of a 24- grant under this section for activities de- organization (including faith-based and char- hour, national, toll-free telephone hotline to scribed, in whole or in part, in subsection (a) itable organizations, community-based orga- provide information and assistance to adult shall use funds made available through the nizations, and voluntary associations), or a and youth victims of family violence, domes- grant to establish and operate a 24-hour, na- tribal organization, with a demonstrated tic violence, or dating violence, family and tional, toll-free telephone hotline to provide record of serving victims of family violence, household members of such victims, and per- information and assistance to adult and domestic violence, or dating violence and sons affected by the victimization. The Sec- youth victims of family violence, domestic their children. retary shall give priority to applicants with violence, or dating violence, and other indi- ‘‘(c) APPLICATION.—An entity seeking a experience in operating a hotline that pro- viduals described in subsection (a). grant under this section shall submit an ap- vides assistance to adult and youth victims ‘‘(2) ACTIVITIES.—In establishing and oper- plication to the Secretary at such time, in of family violence, domestic violence, or dat- ating the hotline, the entity— such manner, and containing such informa- ing violence. ‘‘(A) shall contract with a carrier for the tion as the Secretary may reasonably re- ‘‘(b) TERM.—The Secretary shall award a use of a toll-free telephone line; quire, including— grant under this section for a period of not ‘‘(B) shall employ, train (including pro- ‘‘(1) a description of how the entity will more than 5 years. viding technology training), and supervise prioritize the safety of, and confidentiality ‘‘(c) CONDITIONS ON PAYMENT.—The provi- personnel to answer incoming calls, provide of information about— sion of payments under a grant awarded counseling and referral services for callers ‘‘(A) victims of family violence, victims of under this section shall be subject to annual on a 24-hour-a-day basis, and directly con- domestic violence, and victims of dating vio- approval by the Secretary and subject to the nect callers to service providers; lence; and availability of appropriations for each fiscal ‘‘(C) shall assemble and maintain a data- ‘‘(B) children of victims described in sub- year to make the payments. base of information relating to services for paragraph (A); ‘‘(d) APPLICATION.—To be eligible to re- adult and youth victims of family violence, ‘‘(2) a description of how the entity will ceive a grant under this section, an entity domestic violence, or dating violence to provide developmentally appropriate and shall submit an application to the Secretary which callers may be referred throughout age-appropriate services, and culturally and that shall— the United States, including information on linguistically appropriate services, to the ‘‘(1) contain such agreements, assurances, the availability of shelters and supportive victims and children; and and information, be in such form, and be sub- services for victims of family violence, do- ‘‘(3) a description of how the entity will en- mitted in such manner, as the Secretary mestic violence, or dating violence; sure that professionals working with the shall prescribe; ‘‘(D) shall widely publicize the hotline children receive the training and technical ‘‘(2) include a complete description of the throughout the United States, including to assistance appropriate and relevant to the applicant’s plan for the operation of a na- potential users; unique needs of children exposed to family tional domestic violence hotline, including ‘‘(E) shall provide assistance and referrals violence, domestic violence, or dating vio- descriptions of— to meet the needs of underserved populations lence. ‘‘(A) the training program for hotline per- and individuals with disabilities; ‘‘(d) USE OF FUNDS.—An entity that re- sonnel, including technology training to en- ‘‘(F) shall provide assistance and referrals ceives a grant under this section for a family sure that all persons affiliated with the hot- for youth victims of domestic violence and violence, domestic violence, and dating vio- line are able to effectively operate any tech- for victims of dating violence who are mi- lence service or community-based program nological systems used by the hotline; nors, which may be carried out through a na- described in subsection (a)— ‘‘(B) the hiring criteria and qualifications tional teen dating violence hotline; ‘‘(1) shall use the funds made available for hotline personnel; ‘‘(G) may provide appropriate assistance through the grant— ‘‘(C) the methods for the creation, mainte- and referrals for family and household mem- ‘‘(A) to provide direct counseling, appro- nance, and updating of a resource database; bers of victims of family violence, domestic priate services consistent with subsection ‘‘(D) a plan for publicizing the availability violence, or dating violence, and persons af- (c)(2), or advocacy on behalf of victims of of the hotline; fected by the victimization described in sub- family violence, domestic violence, or dating ‘‘(E) a plan for providing service to non- section (a); and violence and their children, including coordi- English speaking callers, including service ‘‘(H) at the discretion of the hotline oper- nating services with services provided by the through hotline personnel who have non- ator, may provide assistance, or referrals for child welfare system; English language capability; counseling or intervention, for identified ‘‘(B) to provide services for nonabusing ‘‘(F) a plan for facilitating access to the adult and youth perpetrators, including self- parents to support those parents’ roles as hotline by persons with hearing impair- identified perpetrators, of family violence, caregivers and their roles in responding to ments; and domestic violence, or dating violence, but the social, emotional, and developmental ‘‘(G) a plan for providing assistance and re- shall not be required to provide such assist- needs of their children; and ferrals to youth victims of domestic violence ance or referrals in any circumstance in ‘‘(C) where appropriate, to provide the and for victims of dating violence who are which the hotline operator fears the safety services described in this subsection while minors, which may be carried out through a of a victim may be impacted by an abuser or working with such a nonabusing parent and national teen dating violence hotline; suspected abuser. child together; and ‘‘(3) demonstrate that the applicant has ‘‘(f) REPORTS AND EVALUATION.—The entity ‘‘(2) may use the funds made available recognized expertise in the area of family vi- receiving a grant under this section shall through the grant— olence, domestic violence, or dating violence submit a performance report to the Sec- retary at such time as shall be reasonably ‘‘(A) to provide early childhood develop- and a record of high quality service to vic- required by the Secretary. Such performance ment and mental health services; tims of family violence, domestic violence, report shall describe the activities that have ‘‘(B) to coordinate activities with and pro- or dating violence, including a demonstra- been carried out with such grant funds, con- vide technical assistance to community- tion of support from advocacy groups and State Domestic Violence Coalitions; tain an evaluation of the effectiveness of based organizations serving victims of fam- such activities, and provide such additional ily violence, domestic violence, or dating vi- ‘‘(4) demonstrate that the applicant has the capacity and the expertise to maintain a information as the Secretary may reason- olence or children exposed to family vio- ably require. lence, domestic violence, or dating violence; domestic violence hotline and a comprehen- sive database of service providers; ‘‘SEC. 314. DOMESTIC VIOLENCE PREVENTION EN- and HANCEMENT AND LEADERSHIP ‘‘(C) to provide additional services and re- ‘‘(5) demonstrate the ability to provide in- THROUGH ALLIANCES (DELTA). formation and referrals for callers, directly ferrals to services for children, including ‘‘(a) IN GENERAL.—The Secretary shall child care, transportation, educational sup- connect callers to service providers, and em- enter into cooperative agreements with port, respite care, supervised visitation, or ploy crisis interventions meeting the stand- State Domestic Violence Coalitions for the other necessary services. ards of family violence, domestic violence, purposes of establishing, operating, and ‘‘(e) REPORTS AND EVALUATION.—Each enti- and dating violence providers; maintaining local community projects to ty receiving a grant under this section shall ‘‘(6) demonstrate that the applicant has a prevent family violence, domestic violence, submit a performance report to the Sec- commitment to diversity and to the provi- and dating violence, including violence com- retary at such time as shall be reasonably sion of services to underserved populations, mitted by and against youth, using a coordi- required by the Secretary. Such performance including to ethnic, racial, and non-English nated community response model and report shall describe the activities that have speaking minorities, in addition to older in- through prevention and education programs. been carried out with such grant funds, con- dividuals and individuals with disabilities; ‘‘(b) TERM.—The Secretary shall enter into tain an evaluation of the effectiveness of ‘‘(7) demonstrate that the applicant com- a cooperative agreement under this section such activities, and provide such additional plies with nondisclosure requirements as de- for a period of not more than 5 fiscal years.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.007 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8507

‘‘(c) CONDITIONS ON PAYMENT.—The provi- ‘‘(1) IN GENERAL.—An organization that en- (b) INDIVIDUALS WITH DISABILITIES EDU- sion of payments under a cooperative agree- ters into a cooperative agreement under sub- CATION ACT.—Section 635(c)(2)(G) of the Indi- ment under this section shall be subject to— section (a) shall use the funds made avail- viduals with Disabilities Education Act (20 ‘‘(1) annual approval by the Secretary; and able through the agreement to establish, op- U.S.C. 1435(c)(2)(G)) is amended by striking ‘‘(2) the availability of appropriations for erate, and maintain comprehensive family ‘‘section 320 of the Family Violence Preven- each fiscal year to make the payments. violence, domestic violence, and dating vio- tion and Services Act’’ and inserting ‘‘sec- ‘‘(d) ELIGIBILITY.—To be eligible to enter lence prevention programming. tion 302 of the Family Violence Prevention into a cooperative agreement under this sec- ‘‘(2) TECHNICAL ASSISTANCE, EVALUATION and Services Act’’. tion, an organization shall— AND MONITORING.—The Secretary may use a (c) OMNIBUS CRIME CONTROL AND SAFE ‘‘(1) be a State Domestic Violence Coali- portion of the funds provided under this sec- STREETS ACT OF 1968.—Section 2001(c)(2)(A) tion; and tion to— of the Omnibus Crime Control and Safe ‘‘(2) include representatives of pertinent ‘‘(A) provide technical assistance; Streets Act of 1968 (42 U.S.C. 3796gg(c)(2)(A)) sectors of the local community, which may ‘‘(B) monitor the performance of organiza- is amended by striking ‘‘through the Family include— tions carrying out activities under the coop- Violence Prevention and Services Act (42 ‘‘(A) health care providers and State or erative agreements; and U.S.C. 10410 et seq.)’’ and inserting ‘‘under local health departments; ‘‘(C) conduct an independent evaluation of section 311 of the Family Violence Preven- ‘‘(B) the education community; the program carried out under this section. tion and Services Act’’. ‘‘(C) the faith-based community; ‘‘(3) REQUIREMENTS.—In establishing and (d) VIOLENCE AGAINST WOMEN ACT OF ‘‘(D) the criminal justice system; operating a project under this section, an eli- 1994.—Section 40002(a)(26) of the Violence ‘‘(E) family violence, domestic violence, gible organization shall— Against Women Act of 1994 (42 U.S.C. and dating violence service program advo- ‘‘(A) establish protocols to improve and ex- 13925(a)(26)) is amended by striking ‘‘under cates; pand family violence, domestic violence, and the Family Violence Prevention and Serv- ‘‘(F) human service entities such as State dating violence prevention and intervention ices Act (42 U.S.C. 10410(b))’’ and inserting child services divisions; strategies within affected community sec- ‘‘under sections 302 and 311 of the Family Vi- ‘‘(G) business and civic leaders; and tors described in subsection (d)(2); olence Prevention and Services Act’’. ‘‘(H) other pertinent sectors. ‘‘(B) develop comprehensive prevention (e) VIOLENT CRIME CONTROL AND LAW EN- ‘‘(e) APPLICATIONS.—An organization that plans to coordinate prevention efforts with FORCEMENT ACT OF 1994.—The portion of sec- desires to enter into a cooperative agree- other community sectors; tion 310004(d) of the Violent Crime Control ment under this section shall submit to the ‘‘(C) provide for periodic evaluation of the and Law Enforcement Act of 1994 (42 U.S.C. Secretary an application, in such form and project, and analysis to assist in replication 14214(d)) that pertains to the definition of in such manner as the Secretary shall re- of the prevention strategies used in the the term ‘‘prevention program’’ is amended— quire, that— project in other communities, and submit a (1) in paragraph (20), by striking ‘‘section ‘‘(1) demonstrates the capacity of the ap- report under subsection (h) that contains the 40211’’ and inserting ‘‘section 313 of the Fam- plicant, who may enter into a partnership evaluation and analysis; ily Violence Prevention and Services Act (re- with a local family violence, domestic vio- ‘‘(D) develop, replicate, or conduct com- lating to a hotline)’’; lence, or dating violence service provider or prehensive, evidence-informed primary pre- (2) in paragraph (22), by striking ‘‘section community-based organization, to undertake vention programs that reduce risk factors 40241’’ and inserting ‘‘sections 301 through the project involved; and promote protective factors that reduce 312 of the Family Violence Prevention and ‘‘(2) demonstrates that the project will in- the likelihood of family violence, domestic Services Act’’; and clude a coordinated community response to violence, and dating violence, which may in- (3) in paragraph (24), by striking ‘‘section improve and expand prevention strategies clude— 40261’’ and inserting ‘‘section 314 of the Fam- through increased communication and co- ‘‘(i) educational workshops and seminars; ily Violence Prevention and Services Act (re- ordination among all affected sectors of the ‘‘(ii) training programs for professionals; lating to community projects to prevent local community; ‘‘(iii) the preparation of informational ma- family violence, domestic violence, and dat- ‘‘(3) includes a complete description of the terial; ing violence)’’. applicant’s plan for the establishment and ‘‘(iv) developmentally appropriate edu- TITLE III—CHILD ABUSE PREVENTION implementation of the coordinated commu- cation programs; nity response, including a description of— AND TREATMENT AND ADOPTION RE- ‘‘(v) other efforts to increase awareness of FORM ACT OF 1978 ‘‘(A) the method to be used for identifica- the facts about, or to help prevent, family vi- SEC. 301. CHILD ABUSE PREVENTION AND TREAT- tion and selection of an administrative com- olence, domestic violence, and dating vio- mittee made up of persons knowledgeable MENT AND ADOPTION REFORM. lence; and (a) FINDINGS.—Section 201 of the Child about comprehensive family violence, do- ‘‘(vi) the dissemination of information mestic violence, and dating violence preven- Abuse Prevention and Treatment and Adop- about the results of programs conducted tion Reform Act of 1978 (42 U.S.C. 5111) is tion planning to oversee the project, hire under this subparagraph; staff, assure compliance with the project amended— ‘‘(E) utilize evidence-informed prevention (1) by striking subsection (a) and inserting outline, and secure annual evaluation of the program planning; and project; the following: ‘‘(F) recognize, in applicable cases, the ‘‘(a) FINDINGS.—Congress finds that— ‘‘(B) the method to be used for identifica- needs of underserved populations, racial and tion and selection of project staff and a ‘‘(1) on the last day of fiscal year 2009, linguistic populations, and individuals with some 424,000 children were living in tem- project evaluator; disabilities. ‘‘(C) the method to be used for identifica- porary foster family homes or other foster ‘‘(h) REPORTS AND EVALUATION.—Each or- care settings; tion and selection of a project council con- ganization entering into a cooperative agree- ‘‘(2) most children in foster care are vic- sisting of representatives of the community ment under this section shall submit a per- tims of child abuse or neglect by their bio- sectors listed in subsection (d)(2); and formance report to the Secretary at such logical parents and their entry into foster ‘‘(D) the method to be used for identifica- time as shall be reasonably required by the care brought them the additional trauma of tion and selection of a steering committee Secretary. Such performance report shall de- consisting of representatives of the various scribe activities that have been carried out separation from their homes and often their community sectors who will chair sub- with the funds made available through the communities; committees of the project council, each of agreement, contain an evaluation of the ef- ‘‘(3) on average, children entering foster which will focus on 1 of the sectors; fectiveness of such activities, and provide care have more physical and mental health ‘‘(4) demonstrates that the applicant has such additional information as the Secretary needs than do children in the general popu- experience in providing, or the capacity to may reasonably require. The Secretary shall lation, and some require intensive services provide, prevention-focused training and make the evaluations received under this because the children entering foster care— technical assistance; subsection publicly available on the Depart- ‘‘(A) were born to mothers who did not re- ‘‘(5) demonstrates that the applicant has ment of Health and Human Services website. ceive prenatal care; the capacity to carry out collaborative com- The reports shall also be submitted to the ‘‘(B) were born with life-threatening condi- munity initiatives to prevent family vio- Committee on Education and Labor of the tions or disabilities; lence, domestic violence, and dating vio- House of Representatives and the Committee ‘‘(C) were born addicted to alcohol or other lence; and on Health, Education, Labor, and Pensions of drugs; or ‘‘(6) contains such other information, the Senate.’’. ‘‘(D) have HIV/AIDS; agreements, and assurances as the Secretary SEC. 202. AMENDMENTS TO OTHER LAWS. ‘‘(4) each year, thousands of children in may require. (a) TITLE 11, UNITED STATES CODE.—Sec- foster care, regardless of their age, the size ‘‘(f) GEOGRAPHICAL DISPERSION.—The Sec- tion 707(b)(2)(A)(ii)(I) of title 11, United of the sibling group they are a part of, their retary shall enter into cooperative agree- States Code, is amended in the 4th sentence racial or ethnic status, their medical condi- ments under this section with organizations by striking ‘‘section 309 of the Family Vio- tion, or any physical, mental or emotional in States geographically dispersed through- lence Prevention and Services Act’’ and in- disability they may have, are in need of out the Nation. serting ‘‘section 302 of the Family Violence placement with permanent, loving, adoptive ‘‘(g) USE OF FUNDS.— Prevention and Services Act’’. families;

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.007 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8508 CONGRESSIONAL RECORD — SENATE December 3, 2010 ‘‘(5)(A) States have made important strides (ii) by inserting ‘‘, and post-legal adoption and Treatment and Adoption Reform Act of in increasing the number of children who are services’’ after ‘‘adoption assistance pro- 1978 (42 U.S.C. 5115) is amended— placed in permanent homes with adoptive grams’’; (1) in subsection (a)— parents and in reducing the length of time (B) in paragraph (2), by inserting ‘‘, includ- (A) by striking ‘‘2004’’ and inserting ‘‘2010’’; children wait for such a placement; and ing efforts to promote the adoption of older and ‘‘(B) many thousands of children, however, children, minority children, and children (B) by striking ‘‘2005 through 2008’’ and in- still remain in institutions or foster homes with special needs’’ after ‘‘national level’’; serting ‘‘2011 through 2015’’; solely because of legal and other barriers to (C) in paragraph (7)— (2) by redesignating subsection (b) as sub- such a placement; (i) by striking ‘‘study the efficacy of States section (c); and ‘‘(6)(A) on the last day of fiscal year 2009, contracting with’’ and inserting ‘‘increase (3) by inserting after subsection (a) the fol- there were 115,000 children waiting for adop- the effective use of’’; lowing: tion; (ii) by striking the comma after ‘‘organiza- ‘‘(b) Not less than 30 percent and not more ‘‘(B) children waiting for adoption have tions)’’ and inserting ‘‘by States,’’; than 50 percent of the funds appropriated had parental rights of all living parents ter- (iii) by inserting a comma after ‘‘institu- under subsection (a) shall be allocated for minated or the children have a permanency tions’’; and activities under subsections (b)(10) and (c) of goal of adoption; (iv) by inserting ‘‘, including assisting in section 203.’’. ‘‘(C)(i) the average age of children adopted efforts to work with organizations that pro- with public child welfare agency involve- mote the placement of older children, minor- TITLE IV—ABANDONED INFANTS ment during fiscal year 2009 was a little ity children, and children with special ASSISTANCE ACT OF 1988 more than 6 years; and needs’’ after ‘‘children for adoption’’; SEC. 401. ABANDONED INFANTS ASSISTANCE. ‘‘(ii) the average age of children waiting (D) in paragraph (9)— for adoption on the last day of that fiscal (i) in subparagraph (B), by striking ‘‘and’’ (a) FINDINGS.—Section 2 of the Abandoned year was a little more than 8 years of age at the end; Infants Assistance Act of 1988 (42 U.S.C. and more than 30,000 of those children were (ii) in subparagraph (C), by adding ‘‘and’’ 5117aa) is amended— 12 years of age or older; and after the semicolon at the end; and (1) in paragraph (4), by striking ‘‘including ‘‘(D)(i) 25 percent of the children adopted (iii) by adding at the end the following: those’’ and all that follows through with public child welfare agency involve- ‘‘(D) identify best practices to reduce adop- ‘‘ ‘AIDS’)’’ and inserting ‘‘including those ment during fiscal year 2009 were African- tion disruption and termination;’’; and with HIV/AIDS’’; and American; and (E) in paragraph (10)— (2) in paragraph (5), by striking ‘‘acquired ‘‘(ii) 30 percent of the children waiting for (i) in the matter preceding subparagraph immune deficiency syndrome’’ and inserting adoption on the last day of fiscal year 2009 (A), by inserting ‘‘tribal child welfare agen- ‘‘HIV/AIDS’’. were African-American; cies,’’ after ‘‘local government entities,’’; (b) REPEAL.—Title II of the Abandoned In- ‘‘(7) adoption may be the best alternative and fants Assistance Act of 1988 (Public Law 100– for assuring the healthy development of chil- (ii) in subparagraph (A)— 505; 102 Stat. 2536) is repealed. dren placed in foster care; (I) in clause (ii), by inserting ‘‘, including (c) DEFINITIONS.—Section 301 of the Aban- ‘‘(8) there are qualified persons seeking to developing and using procedures to notify doned Infants Assistance Act of 1988 (42 adopt such children who are unable to do so family and relatives when a child enters the U.S.C. 5117aa–21) is amended— because of barriers to their placement and child welfare system’’ before the semicolon (1) by striking paragraph (2); and adoption; and at the end; (2) by redesignating paragraphs (3) through ‘‘(9) in order both to enhance the stability (II) by redesignating clauses (vii) and (viii) (5) as paragraphs (2) through (4), respec- of and love in the home environments of as clauses (viii) and (ix), respectively; and tively. such children and to avoid wasteful expendi- (III) by inserting after clause (vi) the fol- tures of public funds, such children— lowing: (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) should not have medically indicated ‘‘(vii) education and training of prospec- Section 302 of the Abandoned Infants Assist- treatment withheld from them; or tive adoptive or adoptive parents;’’; and ance Act of 1988 (42 U.S.C. 5117aa–22) is ‘‘(B) be maintained in foster care or insti- (3) in subsection (d)— amended— tutions when adoption is appropriate and (A) in paragraph (1), by striking the second (1) in subsection (a)(1)— families can be found for such children.’’; sentence and all that follows; and (A) by striking ‘‘2004’’ and inserting ‘‘2010’’; and (B) in paragraph (2)— and (2) in subsection (b)— (i) in subparagraph (A)— (B) by striking ‘‘2005 through 2008’’ and in- (A) in the matter preceding paragraph (1), (I) in the second sentence, by inserting ‘‘, serting ‘‘2011 through 2015’’; and by inserting ‘‘older children, minority chil- consistent with the purpose of this title’’ (2) in subsection (b)(2), by striking ‘‘fiscal dren, and’’ after ‘‘particularly’’; and after ‘‘by the Secretary’’; and year 2003’’ and inserting ‘‘fiscal year 2010’’. (B) by striking paragraph (2) and inserting (II) by striking the third sentence and in- the following: serting the following: ‘‘Each application f ‘‘(2) maintain an Internet-based national shall contain information that— adoption information exchange system to— ‘‘(i) describes how the State plans to im- ‘‘(A) bring together children who would prove the placement rate of children in per- REMOVAL CLARIFICATION ACT OF benefit from adoption and qualified prospec- manent homes; 2010 tive adoptive parents who are seeking such ‘‘(ii) describes the methods the State, prior children; to submitting the application, has used to Mr. DURBIN. Mr. President, I ask ‘‘(B) conduct national recruitment efforts improve the placement of older children, mi- unanimous consent the Judiciary Com- in order to reach prospective parents for nority children, and children with special mittee be discharged from further con- children awaiting adoption; and needs, who are legally free for adoption; sideration of H.R. 5281 and the Senate ‘‘(C) connect placement agencies, prospec- ‘‘(iii) describes the evaluation the State proceed to its immediate consider- tive adoptive parents, and adoptive parents plans to conduct, to identify the effective- to resources designed to reduce barriers to ness of programs and methods of placement ation. adoption, support adoptive families, and en- under this subsection, and submit to the Sec- The PRESIDING OFFICER. Without sure permanency; and’’. retary; and objection, it is so ordered. ‘‘(iv) describes how the State plans to co- (b) INFORMATION AND SERVICES.—Section The clerk will report the bill by title. 203 of the Child Abuse Prevention and Treat- ordinate activities under this subsection ment and Adoption Reform Act of 1978 (42 with relevant activities under section 473 of The assistant legislative clerk read U.S.C. 5113) is amended— the Social Security Act (42 U.S.C. 673).’’; as follows: (1) in subsection (a), by striking all that (ii) in subparagraph (B)(i), by inserting A bill (H.R. 5281) to amend title 28, United follows ‘‘facilitate the adoption of’’ and in- ‘‘older children, minority children, and’’ States Code, to clarify and improve certain serting ‘‘older children, minority children, after ‘‘successful placement of’’; and provisions relating to the removal of litiga- and children with special needs, particularly (iii) by adding at the end the following: tion against Federal officers or agencies to infants and toddlers with disabilities who ‘‘(C) EVALUATION.—The Secretary shall Federal courts, and for other purposes. have life-threatening conditions, and serv- compile the results of evaluations submitted ices to couples considering adoption of chil- by States (described in subparagraph (A)(iii)) There being no objection, the Senate dren with special needs.’’; and submit a report containing the compiled proceeded to consider the bill. (2) in subsection (b)— results to the appropriate committees of (A) in paragraph (1)— Congress.’’. Mr. LEAHY. Mr. President, the Re- (i) by striking ‘‘and’’ after ‘‘regarding (c) AUTHORIZATION OF APPROPRIATIONS.— moval Clarification Act of 2010 is an adoption’’ and inserting a comma; and Section 205 of the Child Abuse Prevention important piece of legislation that will

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.007 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8509 clarify a Federal agency or officer’s court once the subpoena proceeding is requirement that federal officer re- ability to remove State judicial pro- resolved, other courts hold that once a moval must be predicated on the alle- ceedings to Federal court. The bill has case is removed under section 1442, gation of a colorable federal defense.’’ I strong support from both sides of the there is no authority to remand the cite Mesa v. California, 489 U.S. 121, 129, aisle, and was passed by the House of case to the State court even after the 1989. This legislation also does not dis- Representatives without opposition. I Federal issue is resolved. I cite e.g., place the settled rule that ‘‘the invoca- have worked with Senator SESSIONS on Jamison v. Wiley, 14 F.3d 222, 238–39, 4th tion of removal jurisdiction by a Fed- an amendment to further clarify the Cir. 1994. eral officer does not revise or alter the rules governing removal to Federal To make clear that removal of a sub- underlying law to be applied. In this re- court of State judicial proceedings poena proceeding, or other minor pro- spect, it is a purely derivative form of when judicial orders including sub- ceeding, is limited only to that pro- jurisdiction, neither enlarging nor con- poenas are issued to Federal agencies ceeding if the case is not otherwise re- tracting the rights of the parties.’’ I or officials. movable, the Senate amendment to cite Arizona v. Manypenny, 451 U.S. 232, Existing law allows removal to Fed- this bill adds a second sentence to sec- 242, 1981. eral court of any ‘‘civil action or crimi- tion 1442(c) that provides: ‘‘If removal The new time limit created by sec- nal prosecution’’ that is ‘‘commenced is sought for a proceeding described in tion 1446(g) allows a Federal agency or in a State court’’ against a Federal the previous sentence, and there is no officer subpoenaed to seek removal ei- agency or officer. However, there is a other basis for removal, only that pro- ther within 30 days of receiving, question whether a subpoena directed ceeding may be removed to the district through service, notice of when the toward a Federal agency or officer court.’’ subpoena is requested or issued or 30 itself constitutes a ‘‘civil action or The language of 1442(c) is intended to days of receiving, through service, no- criminal prosecution’’ that allows re- be broad because it seeks to encompass tice of when the same subpoena is moval under section 1442. While some not only subpoenas for testimony or sought to be enforced. This new sub- courts have allowed removal in these documents, but also any other kind of section allows a Federal agency or offi- situations, others have not. Compare judicial process that state courts could cer to remove a pre-suit subpoena pro- Brown & Williamson Tobacco Corp. v. direct to Federal officers in relation to ceeding to Federal court before any Williams, 62 F.3d 408, 413–15, D.C. Cir. the performance of their official duties. complaint is filed, and also effectively 1995 with Indiana v. Adams, 892 F.Supp. The parenthetical clause in the first allows a Federal officer who has been 1101, S.D. Ind. 1995, Alabama v. Stephens, sentence of 1442(c) specifying that the subpoenaed to wait until the subpoena 876 F.Supp. 263, M.D. Ala. 1995, Price v. proceeding need not be ancillary is is sought to be enforced before seeking Johnson, 600 F.3d 460, 5th Cir. 2010 (dis- added because some states allow sub- removal. missing appeal of district court’s re- poenas to be issued, or direct other ju- I thank Senator SESSIONS for work- fusal to allow removal of subpoena pro- dicial orders toward persons, before a ing with me to clarify the House’s bi- ceeding against congresswoman). complaint has even been filed. This was partisan bill. I also thank Representa- The Removal Clarification Act of 2010 the situation in the Price v. Johnson tive HANK JOHNSON for working with us resolves this split in authority by case, which occurred earlier this year. to explain the purposes and intricacies amending section 1442 to clarify that When such pre-suit proceedings occur, of this procedural issue. the section allows removal of any pro- they cannot be described as ancillary Mr. DURBIN. I further ask the ceeding in which a judicial order, in- because there is nothing for them to be amendment which is at the desk be cluding a subpoena for testimony or ancillary to. agreed to, the bill, as amended, be read documents, is sought from or issued to Although the language in the first a third time, and the clerk read a pay- a Federal agency or officer. sentence of section 1442(c) is broad, I go statement for the record. Earlier versions of this bill did not should make clear that it does not en- The PRESIDING OFFICER. Without expressly address whether removal compass all judicial proceedings. A objection, it is so ordered. under the new statute would be limited proceeding in which a ‘‘judicial order The amendment (No. 4732) was agreed to just the subpoena proceeding, in a . . . is sought or issued’’ means a minor to, as follows: case that is otherwise purely between proceeding, such as a subpoena pro- On page 2, strike lines 8 through 18 and in- private litigants but in which a Federal ceeding, but does not include the com- sert the following: agency or officer has been subpoenaed, plaint for relief itself. The second sen- United States Code, is amended— or whether the whole case would be re- tence of section 1442(c) would therefore (1) in subsection (a), in the matter pre- moved. Members in both the House and not apply to a case in which a com- ceding paragraph (1)— plaint for relief or a criminal prosecu- (A) by inserting ‘‘that is’’ after ‘‘or crimi- Senate agree that in cases involving tion has been brought against a Fed- nal prosecution’’; only the issuance of a subpoena to a eral agency or officer, or a case that is (B) by inserting ‘‘and that is’’ after ‘‘in a Federal agency or officer, only the sub- removable under any other section of State court’’; and poena proceeding should be removed the United States Code. If the Federal (C) by inserting ‘‘or directed to’’ after and the remainder of the civil action or ‘‘against’’; and agency or officer is a defendant in the criminal prosecution should remain in (2) by adding at the end the following: underlying case, the normal rule, as de- State court. ‘‘(c) As used in subsection (a), the terms Some courts that currently allow re- scribed in section 3726 of Wright & Mil- ‘civil action’ and ‘criminal prosecution’ in- ler’s Federal Practice and Procedure, clude any proceeding (whether or not ancil- moval of a subpoena proceeding have lary to another proceeding) to the extent made it their practice to remove only would continue to apply: Because Section 1442(a)(1) authorizes re- that in such proceeding a judicial order, in- that proceeding if the rest of the case cluding a subpoena for testimony or docu- is not otherwise removable. I cite e.g., moval of the entire case even if only one of the controversies it raises involves a federal ments, is sought or issued. If removal is Pollock v. Barbarosa Group, Inc., 478 F. officer or agency, the section creates a spe- sought for a proceeding described in the pre- Supp.2d 410, W.D.N.Y. 2007; In re Sub- cies of statutorily-mandated supplemental vious sentence, and there is no other basis poena in Collins, 524 F.3d 249, D.C. Cir. subject-matter jurisdiction. The district for removal, only that proceeding may be re- 2008; Colorado v. Rodarte, 2010 WL court can exercise its discretion to decline moved to the district court.’’. On page 3, strike lines 4 through 19 and in- jurisdiction over the supplemental claims if 924099, D. Colo. 2010. Other courts, how- sert the following: ever, have held that the entire case the federal agency drops out of the case, or ‘‘(g) Where the civil action or criminal should be removed, even if no Federal even if the federal defendant remains a liti- prosecution that is removable under section officer was a defendant in the under- gant. Whether the supplemental claims 1442(a) is a proceeding in which a judicial should be remanded if the federal officer’s lying suit and the case is not otherwise order for testimony or documents is sought ‘‘anchor’’ claim is dismissed or settled, or if or issued or sought to be enforced, the 30-day removable. I cite e.g., Swett v. Schenk, the supplemental claims have been asserted 792 F.2d 1447, 1450–51, 9th Cir. 1986; requirement of subsections (b) and (c) is sat- against non-federal parties, depends on con- isfied if the person or entity desiring to re- Ferrell v. Yarberry, 848 F.Supp. 121, E.D. siderations of comity, federalism, judicial move the proceeding files the notice of re- Ark. 1994. Moreover, while these cases economy, and fairness to litigants. moval not later than 30 days after receiving, at least hold that the district court Changes made by this bill to section through service, notice of any such pro- may remand the case to the State 1442 are not intended to displace ‘‘the ceeding.’’.

VerDate Mar 15 2010 02:09 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G03DE6.040 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE S8510 CONGRESSIONAL RECORD — SENATE December 3, 2010 On page 3, strike line 23 and all that fol- such statement has been submitted prior to Mr. Conrad: This is the Statement of Budg- lows through page 4, line 6, and insert the the vote on passage. etary Effects of PAYGO Legislation for H.R. following: 5281, as amended. The amendment was ordered to be SEC. 3. PAYGO COMPLIANCE. Total Budgetary Effects of H.R. 5281 for the The budgetary effects of this Act, for the engrossed and the bill read a third 5-year Statutory PAYGO Scorecard: $0. purpose of complying with the Statutory time. Total Budgetary Effects of H.R. 5281 for the 10-year Statutory PAYGO Scorecard: $0. Pay-As-You-Go-Act of 2010, shall be deter- The bill (H.R. 5281), as amended, was mined by reference to the latest statement Also submitted for the RECORD as part of titled ‘‘Budgetary Effects of PAYGO Legisla- read the third time. this statement is a table prepared by the tion’’ for this Act, submitted for printing in The assistant legislative clerk read Congressional Budget Office, which provides the Congressional Record by the Chairman of as follows: additional information on the budgetary ef- the Senate Budget Committee, provided that fects of this Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 5281, THE REMOVAL CLARIFICATION ACT OF 2010, WITH AMENDMENTS (HEN10A39) PROVIDED TO CBO ON DECEMBER 1, 2010

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

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 Source: Congressional Budget Office. Note: H.R. 5281 would clarify when certain litigation is moved to federal courts. This legislation would increase the number of cases handled by the federal courts; however, CBO estimates that it would have no significant effect on di- rect spending by the federal court system.

Mr. DURBIN. Further, I ask unani- ‘‘(g) Where the civil action or criminal pros- The PRESIDING OFFICER. Objec- mous consent that the bill be passed, ecution that is removable under section 1442(a) tion is heard. The bill will be read a the motion to reconsider be laid upon is a proceeding in which a judicial order for tes- second time on the next legislative the table, with no intervening action timony or documents is sought or issued or day. sought to be enforced, the 30-day requirement of or debate, and any statements be print- subsections (b) and (c) is satisfied if the person f ed in the RECORD. or entity desiring to remove the proceeding files The PRESIDING OFFICER. Without the notice of removal not later than 30 days FOR THE RELIEF OF SHIGERU objection, it is so ordered. after receiving, through service, notice of any The bill (H.R. 5281), as amended, was such proceeding.’’. YAMADA read the third time and passed, as fol- Ω3æOn page 3, strike line 23 and all that fol- lows: lows through page 4, line 6, and insert the H.R. 5281 following: FOR THE RELIEF OF HOTARU Resolved, That the bill from the House of SEC. 3. PAYGO COMPLIANCE. NAKAMA FERSCHKE Representatives (H.R. 5281) entitled ‘‘An Act The budgetary effects of this Act, for the pur- Mr. DURBIN. Mr. President, I ask to amend title 28, United States Code, to pose of complying with the Statutory Pay-As- You-Go-Act of 2010, shall be determined by ref- unanimous consent the Committee on clarify and improve certain provisions relat- the Judiciary be discharged from fur- ing to the removal of litigation against Fed- erence to the latest statement titled ‘‘Budgetary eral officers or agencies to Federal courts, Effects of PAYGO Legislation’’ for this Act, sub- ther consideration and the Senate pro- and for other purposes.’’, do pass with the mitted for printing in the Congressional Record ceed to the en bloc consideration of S. following amendments: by the Chairman of the Senate Budget Com- 124 and S. 1774, two private relief bills. Ω1æOn page 2, strike lines 8 through 18 and mittee, provided that such statement has been The PRESIDING OFFICER. Without insert the following: submitted prior to the vote on passage. objection, it is so ordered. United States Code, is amended— f Mr. DURBIN. I ask unanimous con- (1) in subsection (a), in the matter preceding sent the amendment at the desk be paragraph (1)— MEASURE READ THE FIRST (A) by inserting ‘‘that is’’ after ‘‘or criminal TIME—S. 4006 agreed to, the bills, as amended, if amended, be read a third time and the prosecution’’; Mr. DURBIN. Mr. President, I under- budgetary pay-go statement be read. (B) by inserting ‘‘and that is’’ after ‘‘in a stand there is a bill at the desk and I State court’’; and The PRESIDING OFFICER. Without ask for its first reading. (C) by inserting ‘‘or directed to’’ after objection, it is so ordered. The PRESIDING OFFICER. The ‘‘against’’; and The clerk will report. (2) by adding at the end the following: clerk will report. ‘‘(c) As used in subsection (a), the terms ‘civil The assistant legislative clerk read Mr. Conrad: This is the Statement of Budg- action’ and ‘criminal prosecution’ include any as follows: etary Effects of PAYGO Legislation for S. proceeding (whether or not ancillary to another 1774. A bill (S. 4006) to provide for the use of un- proceeding) to the extent that in such pro- Total Budgetary Effects of S. 1774 for the 5- obligated discretionary stimulus dollars to ceeding a judicial order, including a subpoena year Statutory PAYGO Scorecard: $0. address AIDS Assistance Program waiting for testimony or documents, is sought or issued. Total Budgetary Effects of S. 1774 for the lists and other cost containment measures If removal is sought for a proceeding described 10-year Statutory PAYGO Scorecard: $0. impacting State ADAP programs. in the previous sentence, and there is no other Also submitted for the RECORD as part of basis for removal, only that proceeding may be Mr. DURBIN. I now ask for the sec- this statement is a table prepared by the removed to the district court.’’. ond reading and, in order to place the Congressional Budget Office, which provides Ω2æOn page 3, strike lines 4 through 19 and bill on the calendar under rule XIV, I additional information on the budgetary ef- insert the following: object to my own request. fects of this Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 1774, A BILL FOR THE RELIEF OF HOTARU NAKAMA FERSCHKE, WITH AN AMENDMENT (EAS10517) PROVIDED TO CBO ON DECEMBER 2, 2010

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

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 S. 1774 would make Hotaru Nakama Ferschke eligible for permanent U.S. residence. CBO estimates that it would have no significant effect on direct spending by the Department of Homeland Security or on federal assistance programs.

The amendment (No. 4733) was agreed (Purpose: To add PAYGO language) (e) PAYGO.—The budgetary effects of this Act, for the purpose of complying with the to, as follows: At the end, add the following: Statutory Pay-As-You-Go-Act of 2010, shall

VerDate Mar 15 2010 03:33 Dec 04, 2010 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A03DE6.008 S03DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 3, 2010 CONGRESSIONAL RECORD — SENATE S8511 be determined by reference to the latest grant visa under section 204 of such Act or ORDERS FOR SATURDAY, statement titled ‘‘Budgetary Effects of for adjustment of status to lawful permanent DECEMBER 4, 2010 PAYGO Legislation’’ for this Act, submitted resident. for printing in the Congressional Record by (b) ADJUSTMENT OF STATUS.—If Hotaru Mr. DURBIN. Mr. President, I ask the Chairman of the Senate Budget Com- Nakama Ferschke enters the United States unanimous consent that when the Sen- mittee, provided that such statement has before the filing deadline specified in sub- ate completes its business today, it ad- been submitted prior to the vote on passage. section (c), she shall be considered to have journ until 8:15 a.m. on Saturday, De- The bill (S. 124) was ordered to be en- entered and remained lawfully and shall, if cember 4; that following the prayer and grossed for a third reading and was otherwise eligible, be eligible for adjustment pledge, the Journal of proceedings be of status under section 245 of the Immigra- approved to date, the morning hour be read the third time. tion and Nationality Act as of the date of The bill (S. 1774), as amended, was or- the enactment of this Act. deemed expired, the time for the two dered to be engrossed for a third read- (c) DEADLINE FOR APPLICATION AND PAY- leaders be reserved for their use later ing and was read the third time. MENT OF FEES.—Subsections (a) and (b) shall in the day, and the Senate resume con- Mr. DURBIN. I ask the bills now be apply only if the application for issuance of sideration of the House Message on passed, the motions to reconsider be an immigrant visa or the application for ad- H.R. 4853, the legislative vehicle for the laid upon the table, and any state- justment of status is filed with appropriate tax cuts, as provided under the pre- ments be printed in the RECORD en fees within 2 years after the date of the en- vious order. bloc. actment of this Act. The PRESIDING OFFICER. Without (d) REDUCTION OF IMMIGRANT VISA NUM- The PRESIDING OFFICER. Without BER.—Upon the granting of an immigrant objection, it is so ordered. objection, it is so ordered. visa or permanent residence to Hotaru f The bill (S. 124) was passed, as fol- Nakama Ferschke, the Secretary of State lows: shall instruct the proper officer to reduce by PROGRAM S. 124 1, during the current or next following fiscal Be it enacted by the Senate and House of Rep- year, the total number of immigrant visas Mr. DURBIN. Mr. President, Sen- resentatives of the United States of America in that are made available to natives of the ators should expect up to two rollcall Congress assembled, country of the alien’s birth under section votes to begin at approximately 10:30 SECTION 1. PERMANENT RESIDENT STATUS FOR 203(a) of the Immigration and Nationality tomorrow morning. SHIGERU YAMADA. Act or, if applicable, the total number of im- I suggest the absence of a quorum. (a) IN GENERAL.—Notwithstanding sub- migrant visas that are made available to na- The PRESIDING OFFICER. The sections (a) and (b) of section 201 of the Im- tives of the country of the alien’s birth under section 202(e) of such Act. clerk will call the roll. migration and Nationality Act (8 U.S.C. The assistant legislative clerk pro- 1151), Shigeru Yamada shall be eligible for (e) PAYGO.—The budgetary effects of this issuance of an immigrant visa or for adjust- Act, for the purpose of complying with the ceeded to call the roll. ment of status to that of an alien lawfully Statutory Pay-As-You-Go-Act of 2010, shall Mr. DURBIN. Mr. President, I ask admitted for permanent residence upon fil- be determined by reference to the latest unanimous consent that the order for ing an application for issuance of an immi- statement titled ‘‘Budgetary Effects of the quorum call be rescinded. grant visa under section 204 of that Act (8 PAYGO Legislation’’ for this Act, submitted The PRESIDING OFFICER. Without U.S.C. 1154) or for adjustment of status to for printing in the Congressional Record by objection, it is so ordered. lawful permanent resident. the Chairman of the Senate Budget Com- (b) ADJUSTMENT OF STATUS.—If Shigeru Ya- mittee, provided that such statement has f mada enters the United States before the fil- been submitted prior to the vote on passage. ing deadline specified in subsection (c), f SIGNING AUTHORITY Shigeru Yamada shall be considered to have Mr. DURBIN. Mr. President, I ask entered and remained lawfully and shall be ORDER OF PROCEDURE—H.R. 4853 eligible for adjustment of status under sec- unanimous consent that the majority tion 245 of the Immigration and Nationality Mr. DURBIN. Mr. President, I ask leader be authorized to sign any duly Act (8 U.S.C. 1255) as of the date of the enact- unanimous consent that the time enrolled bill or joint resolution today, ment of this Act. under Democratic control during the Friday, December 3. (c) APPLICATION AND PAYMENT OF FEES.— debate in relation to the House Mes- The PRESIDING OFFICER. Without Subsections (a) and (b) shall apply only if the sage on H.R. 4853 on Saturday, Decem- objection, it is so ordered. application for issuance of an immigrant ber 4, be equally divided between Sen- visa or the application for adjustment of sta- f tus is filed with appropriate fees not later ators SCHUMER and BAUCUS or their than 2 years after the date of the enactment designees. ADJOURNMENT UNTIL 8:15 A.M. of this Act. The PRESIDING OFFICER. Without TOMORROW (d) REDUCTION OF IMMIGRANT VISA NUM- objection, it is so ordered. BERS.—Upon the granting of an immigrant Mr. DURBIN. Mr. President, if there visa or permanent residence to Shigeru Ya- f is no further business to come before mada, the Secretary of State shall instruct the Senate, I ask unanimous consent the proper officer to reduce by 1, during the APPOINTMENT that it adjourn under the previous current or subsequent fiscal year, the total The PRESIDING OFFICER. The order. number of immigrant visas that are made Chair, on behalf of the President pro There being no objection, the Senate, available to natives of the country of birth of Shigeru Yamada under section 203(a) of tempore and upon the recommendation at 3:31 p.m., adjourned until Saturday, the Immigration and Nationality Act (8 of the majority leader, pursuant to December 4, 2010, at 8:15 a.m. U.S.C. 1153(a)) or, if applicable, the total Public Law 98–183, as amended by Pub- f number of immigrant visas that are made lic Law 103–419, appoints the following available to natives of the country of birth individual to the United States Com- NOMINATIONS of Shigeru Yamada under section 202(e) of mission on Civil Rights: Alice C. that Act (8 U.S.C. 1152(e)). ‘‘Dina’’ Titus of Nevada vice Arlan D. Executive nominations received by The bill (S. 1774), as amended, was Melendez of Nevada. the Senate: passed, as follows: Mr. DURBIN. Mr. President, I sug- NATIONAL COUNCIL ON DISABILITY S. 1774 gest the absence of a quorum. JANICE LEHRER-STEIN, OF CALIFORNIA, TO BE A MEM- BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A SECTION 1. PERMANENT RESIDENT STATUS FOR The PRESIDING OFFICER. The TERM EXPIRING SEPTEMBER 17, 2013, VICE VICTORIA RAY HOTARU NAKAMA FERSCHKE. clerk will call the roll. CARLSON, TERM EXPIRED. (a) IN GENERAL.—Notwithstanding sub- The assistant legislative clerk pro- DEPARTMENT OF LABOR sections (a) and (b) of section 201 of the Im- ceeded to call the roll. migration and Nationality Act, Hotaru LEON RODRIGUEZ, OF MARYLAND, TO BE ADMINIS- Mr. DURBIN. Mr. President, I ask TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- Nakama Ferschke shall be eligible for MENT OF LABOR, VICE PAUL DECAMP. unanimous consent that the order for issuance of an immigrant visa or for adjust- DEPARTMENT OF COMMERCE ment of status to that of an alien lawfully the quorum call be rescinded. The PRESIDING OFFICER. Without KATHRYN D. SULLIVAN, OF OHIO, TO BE AN ASSISTANT admitted for permanent residence upon fil- SECRETARY OF COMMERCE, VICE PHILLIP A. ing an application for issuance of an immi- objection, it is so ordered. SINGERMAN.

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