E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, OCTOBER 13, 2011 No. 153 Senate The Senate met at 10 a.m. and was appoint the Honorable TOM UDALL, a Senator WELCOMING THE PRESIDENT OF called to order by the Honorable TOM from the State of New Mexico, to perform SOUTH KOREA the duties of the Chair. UDALL, a Senator from the State of DANIEL K. INOUYE, Mr. MCCONNELL. Mr. President, New Mexico. President pro tempore. later today, Senators will have the op- portunity to hear from South Korean PRAYER Mr. UDALL of New Mexico thereupon assumed the chair as Acting President President Lee, and I know we all look The Chaplain, Dr. Barry C. Black, of- pro tempore. forward to it. fered the following prayer: South Korea is a stalwart ally that f Let us pray. enjoys a flourishing economy. It is a Eternal God, hallowed be Your Name. RECOGNITION OF THE MAJORITY shining example of how embracing de- Today, empower our lawmakers to run LEADER mocracy and free market principles with patience the race that is set be- The ACTING PRESIDENT pro tem- can transform a society for the good. fore them, looking to You, the author pore. The majority leader is recog- Imagine, in 50 years, they went from and finisher of our faith. Keep them nized. a civil war to a military dictatorship from discouragement as You help them f to an evolving democracy and on the to be persistent in their efforts to meet economic side to a thriving capitalist today’s challenges with faith and trust SCHEDULE country that has the 13th largest econ- in You. Sustain them ever in Your Mr. REID. Mr. President, following omy in the world—from a country that grace and bestow upon them Your leader remarks, the Senate will be in was a recipient of foreign aid and Peace abundant Spirit. morning business until noon. The Re- Corps volunteers to a country with its Lord, give uncommon wisdom to the publicans will control the first 30 min- own foreign aid program and its own Joint Select Committee on Deficit Re- utes and the majority will control the peace corps—all of that in 50 years, duction. As its members strive to forge next 30 minutes. At noon, the Senate right on the same peninsula with one a deficit reduction plan, grant them will be in executive session to consider of the last Stalinist regimes in the wisdom and courage for the living of the Nathan, Hickey, and Forrest nomi- world. It is a great success story that these days. nations. They are all nominated to be the United States has had an awful lot We pray in Your great Name. Amen. U.S. district court judges. We expect to do with promoting. two rollcall votes at around 2 p.m. in f The South Korean Free Trade Agree- relation to these nominations. ment we passed overwhelmingly last PLEDGE OF ALLEGIANCE Additionally, there is a joint meeting night on a bipartisan basis will only of Congress today at 4 p.m. with the The Honorable TOM UDALL led the make our two economies stronger. Our President of South Korea. Senators already strong alliance will be even Pledge of Allegiance, as follows: will gather on the floor at 3:40 p.m. to stronger. I pledge allegiance to the Flag of the proceed to the House. We will do that United States of America, and to the Repub- These agreements should serve as an together. example of the kind of bipartisan legis- lic for which it stands, one nation under God, I suggest the absence of a quorum. indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- lation Congress should be focused on right now. f pore. The clerk will call the roll. The legislative clerk proceeded to Many of us have been amazed to wit- APPOINTMENT OF ACTING call the roll. ness, as I indicated earlier, the rapid PRESIDENT PRO TEMPORE Mr. MCCONNELL. Mr. President, I growth and evolution of South Korea— The PRESIDING OFFICER. The ask unanimous consent that the order truly a remarkable accomplishment. clerk will please read a communication for the quorum call be rescinded. So we welcome this great friend of to the Senate from the President pro The ACTING PRESIDENT pro tem- the United States to our shores. We tempore (Mr. INOUYE). pore. Without objection, it is so or- hope he and his wife have a memorable The legislative clerk read the fol- dered. trip. lowing letter: f As we face together the threat of North Korea and the rapid changes oc- U.S. SENATE, RECOGNITION OF THE MINORITY curring in the strategic balance in PRESIDENT PRO TEMPORE, LEADER Washington, DC, October 13, 2011. Northeast Asia, we look forward to an To the Senate: The ACTING PRESIDENT pro tem- even stronger alliance with South Under the provisions of rule I, paragraph 3, pore. The Republican leader is recog- Korea in the years to come. of the Standing Rules of the Senate, I hereby nized. I yield the floor.

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

S6473

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VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.000 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6474 CONGRESSIONAL RECORD — SENATE October 13, 2011 The ACTING PRESIDENT pro tem- this week and the way it is paid for. people down. We will not stop working pore. The majority leader is recog- Yet still, Republicans unanimously to pass the proposals contained in the nized. voted against these tax cuts, infra- American Jobs Act just because Repub- f structure investments, and jobs for licans have used every obstructionist teachers, police officers, and veterans. trick in the book to stop it from mov- WORKING TOGETHER They voted, I repeat, against 2 million ing forward. We will continue to ask Mr. REID. Mr. President, I would just jobs for American workers. the richest Americans to share the bur- say, as my friend leaves—I know he has My Republican colleagues pay lip den of getting our economy back on an appointment—the work that has service to the unemployment crisis in track, and we will never give up in the been done in the last few weeks in the the country, but in the end actions fight to create jobs for the 14 million Senate has been very important. We speak louder than words. people in this country who are out of have been able to work on the FEMA As Congresswoman Barbara Jordan, work. bill, we worked through the problems the first African-American woman to Remember, the American Jobs Act with that; China currency, we worked be elected from the Deep South to Con- reduces taxes for everybody, except through that. Even though, as my gress, once said: those who make more than $1 million a friend, the distinguished Republican The citizens of America expect more. They year. leader, knows, I did not agree with the deserve and they want more than a recital of f trade bills—what they did—I think it is problems. a good sign of our working together. In The American people demand action. RESERVATION OF LEADER TIME spite of strong feelings on both sides, They deserve it. I hope my Republican The ACTING PRESIDENT pro tem- people put that aside. There were no colleagues would have a plan to create pore. Under the previous order, the dilatory efforts made to hold them up, jobs, other than the constant talk leadership time is reserved. and we moved forward. I think that is about let’s get rid of regulations, let’s f commendable. That should be the pat- lower taxes. MORNING BUSINESS tern for the rest of this Congress. Let’s work together to create jobs. If I also want the RECORD to be spread my friends do not like what the Presi- The ACTING PRESIDENT pro tem- with the fact that as far as congres- dent put forward, come forward with pore. Under the previous order, the sional action, this legislation would something that is constructive in na- Senate will be in a period of morning not have happened but for the Repub- ture. As Barbara Jordan said: business until 12 p.m., with Senators lican leader. He has been laser focused The citizens of America expect more. They permitted to speak therein for up to 10 for a long time, and there were some deserve and they want more than a recital of minutes each, with the time equally di- things we had to work through to get problems. vided and controlled between the two here, but one of the reasons I did what We can all recite the problems. There leaders or their designees, with the Re- I did to help move this along is because are lots of them. But let’s work to- publicans controlling the first 30 min- of his feelings about the importance of gether to create some jobs. utes and the majority controlling the this legislation. I was happy to hear from some of my second 30 minutes. f Republican colleagues that they want The Senator from Georgia is recog- JOBS to work together to create jobs. I told nized. Mr. REID. Mr. President, we also one of the Senators: Wonderful. Grab f any one of the Democrats; they will need to focus on jobs. It is one of the SMALL BUSINESSES most important things we can do—I be- work with you to help create these Mr. ISAKSON. Mr. President, I wish lieve the most important we can do. I jobs. We need to do something. We do to, first of all, kind of tag on to the re- am sorry that this week my Repub- not need to continue to recite the prob- marks of the leader for just a second. lican colleagues proved once again that lems. Please get off of this, I say to my One of the things I wish we would do in the only jobs they care about are their Republican friends, about lowering this body is get out of the business of own. They voted against a plan to cre- taxes as a way to create jobs. If that, demonizing certain segments of our ate 2 million Americans jobs because in fact, were the case, the Bush tax population. Both sides are guilty of it, they believed it was good Republican cuts would have put this country on an from time to time. But I wish to par- politics. economic machine that could never Meanwhile, 14 million unemployed have been driven so fast. But it did not ticularly talk about the major em- Americans are worried about how they help. ployer of the United States—small are going to make their rent, put food Eight million jobs were lost during business—and the leader’s reference to on the table, and fill their gas tank or the Bush years with these tax cuts. the 5.6-percent surtax. how they are going to get another job During the Clinton years, 23 million Documents show that 392,000 Amer- interview. jobs were created. Let’s stop the con- ican small businesses would be im- These 14 million Americans could stant cry: We need to lower taxes. None pacted by a 5.6-percent surtax in order care less who proposed the plan or who of us are in favor of raising taxes. But to pay for the President’s jobs bill. gets credit to get them back to work. certainly we need a fair tax distribu- Records show that 72 percent of the What they care about is that Congress tion, and that is why the American American people are employed by gets to work putting them back to people are agreeing with us. small business. work. We are willing to work on regula- We have to ask ourselves this ques- Asked whether they support a plan to tions. There are too many of them. We tion: If we are interested in creating ask millionaires to pay their fair share all agree with that. But let’s look spe- jobs, why would we target the job cre- to pay for tax cuts for middle-class cifically at what creates jobs. ator that creates three-fourths of the families and small businesses, con- One of the big issues we fought about jobs in America and put a surtax on struction of roads and schools, and an last week was farm dust. OK. Farm them? It does not make any sense. If extension of unemployment benefits, dust. EPA does not regulate farm dust. there were sincerity in that offer, those Americans have overwhelmingly said, They do not want to regulate farm people would first and foremost be yes, they support it. dust. These are all just, as in the gro- carved out on any punitive surtax and The reason they do that is because, cery business, loss leaders. It is only a we probably would have more employ- as we see in the newspaper articles way to confuse the American people. I ment. around the country, the news stories: repeat, EPA does not regulate farm I wanted to make that point. I will ‘‘A quarter of U.S. millionaires pay dust. They do not want to regulate join anytime, anyplace, anywhere with taxes at a lower rate than some in mid- farm dust. Let’s start talking about the leader to work on creating jobs be- dle class.’’ It is about a 17-percent aver- that which creates jobs, that which cause that is job one for the United age. That is untoward. puts people back to work. States of America. Two-thirds of Americans support We are going to continue to do every- I was a small businessman for 33 both the plan the Republicans blocked thing we can not to let the American years, ran a small business for 22 years.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.002 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6475 I understand the heart and soul of punishing job creation for the sake of spending, more money that is owed to small business. Today I come to the regulatory compliance. China. floor to talk about two small busi- Now, some regulation is good. I be- We need to put Americans to work. nesses in Georgia and the effect of reg- lieve our job as legislators is to see to We need to get Americans back to ulation on those small businesses and it that we mitigate risks for the Amer- work. The majority leader talked the decisions they have made this year ican people. But this administration about 14 million Americans looking for that impact employment and the econ- appears to think its job is to eliminate jobs. There are over 4 million who have omy. risk. Well, if you eliminate risk, you not worked for over a year. In that One is a lovely lady named Susan stay in bed—when you wake up in the kind of a situation, it is going to be a Kolowich. Susan is a dear friend of my morning, you stay there until night, lot harder for those folks to ever get a wife’s. My wife worked for her for 13 you do not do anything because you do job again—ever get a job again. years, has not worked for her in the not take a risk. Capitalism is about And the regulations just keep on last 5 or 6 years. She opened a shop in risk. Risk and reward are about our coming. A month ago, the President East Cobb County, in Marietta, GA, 23 economy. came to the Hill, visited, and had a years ago called C’est Moi—‘‘It is I.’’ So when people talk about regulatory joint session of Congress. He said: I She loves France. She would go to oppression, those are two stories in At- want to get rid of some of these regula- France every year and buy, and she lanta, GA, where regulation has actu- tions. He said: I can identify regula- would bring back gifts which she sold ally caused two businesses to be sold tions—he came out with a list of about $4 billion worth of regulations—to in her gift shop. and jobs to be lost and another busi- It was a successful small business for ness to hire two people to comply with lower the cost of business over the next 5 years. But in the month of September 23 years, so successful that her husband government regulation and fire some- alone, this administration came out Jim, who had been a Subway sandwich one who was in sales. It is backward at with 230 proposed rules and 338 final shop owner, decided to open a res- best, and it is wrong. taurant called Cafe de Paris and join it So I say to the leader, who did make rules. And if you go to what this ad- with her C’est Moi shop so people could an acknowledgement that he wanted to ministration says that those rules are going to cost the people of this coun- come and shop and eat and get a flavor mitigate regulation, let’s sit down and try, cost the job creators of this coun- of France. For 10 years he ran the res- let’s find out what we need to do. Let’s try, even the administration, using taurant and for 23 years she ran the call a timeout. Let’s do what Senator their own numbers, that cost is going store successfully. It was difficult in COLLINS from Maine said. Let’s take a to be $10 billion. the last 3 or 4 years because of the timeout for a year. Let’s try to digest I heard our colleague from Georgia economy, but they stayed in business. and absorb the regulations we have talk about the paperwork, the compli- But finally she threw in the towel and passed without continuing to put more ance officers. Just yesterday, this ad- sold the company. She sold her shop, threatening regulations on top of busi- ministration came out, under Dodd- and Jim, her husband, sold his res- nesses at a time when we have 9.1 per- Frank, with new rules and regula- taurant. They sold them because they cent unemployment in America, and in tions—proposed rules. They took only were up to here with the oppressive my State we have 10.2. It is time for us 11 pages of this massive bill, but only regulation of our government and the to be proactive on taking the shackles 11 pages, and when you look at the 298 continued threat of things exactly like off American small businesses, not pages of proposed rules that have come the surtax on their small business at a threaten them with surtaxes and not out, what do the government regu- time in which sales are very difficult. oppress them with regulation. Instead, lators, the Obama administration regu- That is not an abstract story, that is let’s work to empower small businesses lators, say it is going to cost the busi- the truth. I am sure it is happening in to help us come out of this recession. nesses of this country in terms of Mississippi, and I am sure it is hap- I think my dear friend Senator BAR- manhours having to be spent to comply pening in Wyoming. RASSO, the physician from the great with the paperwork? These aren’t my Let me talk about a little bit larger State of Wyoming, wants to address numbers, these aren’t Senators ISAK- small business, Hennessy Jaguar and precisely the same subject I am. SON’s numbers, these aren’t Senator Hennessy Land Rover over in Atlanta, The ACTING PRESIDENT pro tem- WICKER’s numbers. Mr. President, GA. One of the principals in it is a guy pore. The Senator from Wyoming is 6,283,000 hours of paperwork. That is named Steve Hennessy. Steve is a good recognized. what the government experts say is friend of mine. Mr. BARRASSO. I am delighted to be going to have to be spent on paperwork On January 3 of this year, I went to joining my colleagues, Senator ISAKSON to comply with one component of the the OK Cafe in Atlanta to join a couple from Georgia, and Senator WICKER is Dodd-Frank law. How is that going to for a meeting about some legislation. here also from Mississippi. We think help? How is that kind of a drag on a It is kind of the watering hole for this is very important. society going to help create jobs? breakfast in Atlanta. Everybody who is The leader started talking about You know, the President says: If the anybody kind of goes there. It is a today and said we need to focus on Republicans have ideas, we want to great place to eat. When I walked in jobs. That is what we wanted to focus hear them. The majority leader stood the door and walked past the cash reg- on for all of the time of the Obama ad- here and said: If the Republicans have ister, where you can see out into the ministration. But, no, the President ig- ideas, we want to hear them. Well, a cafe, to see if my guests I was going to nored jobs—ignored jobs his first year month ago, a month ago to this day, meet with were there, Steve spotted in office, ignored jobs his second year when the President came to the Hill, me. I was not going to meet with him. in office. Here we are more than half- earlier that morning a number of col- He jumped up and said: JOHNNY, I need way through his third year in office, leagues, House and Senate Members, to talk to you now. He ran across the and finally the President has noticed came to talk about a Western Caucus restaurant. I thought he was going to what has been on the minds of the Jobs Frontier bill, a number of bills give me a bear hug, he looked so ex- American people. Republicans have proposed breaking cited. He got up close, and he put his This is a President and a majority down Washington’s barriers to Amer- index finger right on my chin. He said: leader who forced through this body a ica’s red, white, and blue jobs. I just fired a salesman and hired two health care law that is bad for pa- The majority leader said we ought to compliance officers to comply with the tients; bad for providers, the nurses spend more money. The President said credit requirements of Dodd-Frank. and doctors who take care of those pa- we ought to spend more money. The So regulation did create two jobs. It tients; and bad for taxpayers, ignoring President talked about his so-called created two compliance officers, but it what the American people said they stimulus plan, and he said it was going cost a salesman. Well, if you are pun- wanted to focus on, which was jobs, the to save or create 3.5 million jobs. We ishing the salesman and rewarding the economy, the debt, the spending. We have lost millions of jobs since this compliance officer, the economy is see a majority leader who led this body President came into office. going to go straight down because you to adding more to the debt—now $14 The President talked about green are punishing productivity, you are trillion in debt—more debt, more jobs. He said his clean-energy policies

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.003 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6476 CONGRESSIONAL RECORD — SENATE October 13, 2011 would create 5 million new jobs. We We know the President’s policies are ness is a little soft in the shipyard. But have just seen the Solyndra situation— not working. We have seen very slow if the President would simply go back 1,100 people fired because of bad bets by movement and, frankly, in many in- to what we used to have in terms of oil this administration. This is an admin- stances, that movement has been back- and gas permitting, if we would lift istration that should not be betting ward. The big-government approach of this de facto ban on oil wells in the with the taxpayers’ money. It is not spend now and pay later has simply Gulf of Mexico and get back to the the administration’s money. It is not been a wet blanket for America’s job business we had year before last, then the President’s money. That is why the creators. business could be great guns at Trinity American people are so up in arms. The fact is there are some things on Yachts. They see what all of this spending is which we can agree. In this time of di- We are not talking about yachts doing, and it is not helping jobs. vided government, we must approach being constructed by Trinity, we are I see my colleague from Mississippi is the idea of job creation in a bipartisan talking about oil and gas drilling plat- here. We can go back and forth and manner. The House of Representatives forms. The quicker permits and drill- talk about this. I know he has exam- is controlled by Republicans. This body ing projects in the Gulf of Mexico could ples and situations in Mississippi. I see is controlled by Democrats. The execu- bring about more than 200,000 new jobs them in Wyoming all of the time, peo- tive branch, including the regulatory in the next year. That is a job creator ple having to deal with the redtape regime in this country, is strictly con- proposal that is simple. All we need to coming out of Washington. The Presi- trolled by the Democratic Party. So we do is enforce the law that is currently dent talks a pretty good game, but need to work together in a step-by-step on the books and get back to permit- when you look at what is happening approach. ting so we can get back to producing out there, the American people are A comprehensive package of ‘‘pass our own energy. The oil and natural gas sector is re- very disappointed. The American peo- this bill, pass this bill immediately sponsible for 9 million jobs, according ple deserve better than what they are without amendments’’ has been re- to the Congressional Research Service, getting from this administration. jected by both Democrats and Repub- and we have in America the largest re- So I would ask my colleague from licans in this city, and we now need to coverable stores of natural gas, oil, and Mississippi whether there are things he embark on a step-by-step approach, coal on Earth. So if you want to know sees happening to his friends and and we can be quick about it. One ex- another Republican proposal—which is neighbors at home that we need to ample was yesterday. When we finally a bipartisan proposal when you get share with the rest of the country? got around to it, the House of Rep- down to it, because our gulf coast dele- Mr. WICKER. Well, there is no ques- resentatives passed the trade bills, gation consists of Republicans and tion about it. I appreciate my two once the President sent them to us. Democrats—then here is a concrete friends coming down and helping with That was done yesterday afternoon. By proposal: Let’s get back to producing this colloquy today. 7 or 8 last evening, the Senate passed our own energy resources in the Gulf of There are two companies I want to all of these trade agreements on a huge talk about in a moment, but let me say Mexico and elsewhere in the United bipartisan basis. So this is a step in the States. Nine million jobs, and it could at the outset that we all want to create right direction. There are other things jobs for Americans, there is no ques- be more. we can do. But I wish to commend the Mr. ISAKSON. The Senator from tion about it. The President came into President for finally sending the trade Mississippi jogged my memory, and I office wanting to create jobs. The prob- bills to the Congress and for getting want to jog his. He was in the House of lem is, he has not let history be a that done and opening the new mar- Representatives in 1994, if I am not guide. kets. So that is a step. mistaken. I got here in 1999. But I re- If we go ahead with this second stim- The Senator from Georgia mentioned member the first year of the Clinton ulus bill, we will be following the same some companies and some potential job administration, when they put a lux- failed programs that not only have not creators in his State. My friend from ury tax on yachts, yacht construction created jobs for Americans, but, as a Wyoming asked me to talk about ex- went out of business and thousands of matter of fact, the policies have made amples in Mississippi. jobs were lost. I don’t know if Trinity things worse for Americans and for job Actually, my wife Gail and I had an is a sub S, an LLC, or a sole proprietor- creation. The President’s proposal and opportunity to participate in a chris- ship, but it is probably one of those the proposal the majority leader just tening of some boats in Gulfport, MS, three types of corporations, and I am embraced is a ‘‘spend now, pay later’’ just the day before yesterday. This was sure it is a small business. They are approach. It is one that has been prov- at the construction area of Trinity going to have a 5.6-percent surtax on en not to work. Three years after we Yachts. I know what the initial reac- their income because of what is in the tried this at the beginning of the Presi- tion is: Why should we be concerned proposal of the President, which is, al- dent’s term, we have not put more with yachts? I tell you why we should legedly, to pay for a jobs bill. So this is Americans back to work. be concerned with yachts. Because we deja vu all over again. The administra- This should be a glaring reminder of employ thousands upon thousands of tion is imposing more taxes to pay for the failures of the first stimulus pack- Americans building those yachts. government jobs that take money out age and the probability and likelihood I will never own a yacht. I don’t as- of the pockets of small business that that this second stimulus package pire to even travel on a yacht. But I creates the jobs in America. would be met with the same result. am glad there are a bunch of people Trinity Yachts—and I will do some What we have seen since the first stim- around the world who want to buy research to find out if that is true, be- ulus is that the Federal debt has sky- them, because we employ a thousand cause I don’t know the company—I will rocketed, there are nearly 2 million people at Trinity Yachts, and we want bet is one of the ones that pays their fewer jobs, and the economic growth is to increase that. taxes as if they were an individual, and limping along at a meager 1 percent. As a matter of fact, what we helped they would be affected by the tax the So many other countries have a higher christen the day before yesterday was President is proposing, just like the GDP growth than that. It is tragic that not a yacht at all, it was two tugboats. yacht industry that was put out of our country has not kept up. The un- Trinity Yacht makes tugboats, and business in 1993 because of the Clinton employment rate has hovered at 9 per- they will be helping bring liquefied tax. So the Republicans took over in cent for 30 months in a row. If you add natural gas into the port of 1994 and reformed the Tax Code and cut in those who have given up looking for Pascagoula. So this shipyard built the Federal spending. work or settled for part-time work, tugs, Signet Maritime bought the tugs, Mr. WICKER. The point is, they are a that number skyrockets from around 9 and they will be creating jobs in Gulf- bunch of average, hard-working Mis- percent unemployment, which is an un- port, and will be creating jobs at the sissippians, average, hard-working speakable number, to some 16 percent. Port of Pascagoula, and they want to Americans, who are glad to come to In fact, some 6 million people have create a lot more jobs. work each day, working hard to build been without a job for more than 6 I was told by the management and these boats, and we ought to encourage months. ownership of Trinity Yachts that busi- them.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.004 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6477 I don’t know the corporate structure and a firestorm. But if we do it on a bi- The ACTING PRESIDENT pro tem- of that particular job creator, but I partisan basis for the good of this pore. Without objection, it is so or- know the larger point is that many of country now, for the good of not only dered. the job creators do pay taxes at the in- job creators today and people out there Mr. WHITEHOUSE. Mr. President, I dividual level. We know from research who are dying to come back to work ask unanimous consent to speak in that four out of five of the taxpayers but also for future generations, then morning business for 15 minutes. who would pay the higher taxes being we can do the right thing. The ACTING PRESIDENT pro tem- proposed by the President are business I will simply say this: I call on the pore. Without objection, it is so or- owners—the very people we are hoping President of the United States to give dered. will create jobs, and create them soon us some leadership on working to- f gether on a bipartisan basis to make for Americans. CLIMATE CHANGE Mr. ISAKSON. I thank the Senator these tough decisions. If we do it to- from Mississippi for his stories, which gether, as Ronald Reagan and Tip Mr. WHITEHOUSE. Mr. President, I are true and to the point. My story was O’Neill did in the 1980s, we can make am here to speak about what is cur- about two small businesses. And I the case to the American people that rently an unpopular topic in this town. thank the Senator physician from the sometimes you have to do hard things, It has become no longer politically cor- great State of Wyoming, and I would but we do things on a bipartisan basis rect in certain circles in Washington to ask if he has any additional remarks. to create jobs and to make a better fu- speak about climate change or carbon Mr. BARRASSO. Well, I know you ture for future generations. It will not pollution or how carbon pollution is see this in Georgia and in Mississippi. be done unless the Chief Executive of causing our climate to change. We know what doesn’t work. We know the United States of America comes This is a peculiar condition of Wash- what doesn’t work is more borrowing forward and signals a willingness to ington. If you go out into, say, our and more spending and overregulation hold hands with us and do the right military and intelligence communities, and the threat of raising taxes on peo- thing for the future. they understand and are planning for ple and the job creators of this coun- I desperately hope in these final the effects of carbon pollution on cli- try. So there is much to be done, and months of 2011 we can get that signal mate change. They see it as a national that is why we actually came out with sent to the committee of 12, and that security risk. If you go out into our this Jobs Frontier—the western caucus we can work together to make major, nonpolluting business and financial did—because we want to increase af- significant structural changes that will communities, they see this as a real fordable American energy. save our fiscal future. and important problem. And, of course, The President, when he was running I thank my colleague. it goes without saying our scientific for office, said under his proposals elec- Mr. ISAKSON. Mr. President, I thank community is all over this concern. tricity costs would necessarily sky- the Senator from Mississippi, and I will But as I said, Washington is a peculiar rocket. If you want a productive, vi- close by simply saying you have heard place, and here it is getting very little brant economy, you need low-cost en- three Republicans this morning talking traction. ergy, and if you want a secure nation, about differences we might have on Here in Washington we feel the dark you need American energy to do that. regulation and on tax policy, but you hand of the polluters tapping so many So when my colleague from the Gulf have also heard the distinguished Sen- shoulders. And where there is power State of Mississippi talks about energy ator from Mississippi, the physician and money behind that dark hand, in the gulf, there is a lot there. I can Senator from Wyoming, and myself, therefore, a lot of attention is paid to talk about Wyoming from the stand- from the State of Georgia, say we are that little tap on the shoulder. What point of energy being available on Fed- ready, we are willing, and we are hope- we overlook is that nature—God’s eral land, which is being blocked by ful that we can sit down together as a Earth—is also tapping us all on the regulations. We ought to be exploring Congress—not as a partisan Congress shoulder, with messages we ignore at for that energy as well as in Alaska. So but as a bipartisan Congress—and find our peril. We ignore the messages of there is much we can do to make our solutions to the regulatory problems, nature—of God’s Earth—and we ignore country stronger, safer, more secure, find incentives for businesses to invest, the laws of nature—of God’s Earth—at better, and more vibrant, but the pro- and find ways we can create jobs in the our very grave peril. posal put forth by the President—and private sector, because in the end that There is a wave of very justifiable here I agree with my colleague from is where job creation takes place. economic frustration that has swept Mississippi—is another spending bill— I will end with where Senator REID through our Capitol. The problem is just spending—as the first stimulus started in his remarks. Yesterday was that some of the special interests—the was. It is a bill that is not going to do a landmark day. Republicans and polluters—have insinuated themselves what we need to do to get this economy Democrats came together and passed into that wave, sort of like parasites going in a vibrant sense. From my per- three free-trade agreements which will that creep into the body of a host ani- spective, the No. 1 thing we should do create jobs in the United States of mal, and from there they are working is stop doing what we know doesn’t America. Our problem is we waited al- terrible mischief. They are propagating work. most a thousand days to do it. Let’s two big lies. One is that environmental Mr. ISAKSON. Well, I want to con- start accelerating those decisions that regulations are a burden to the econ- clude, unless the Senator from Mis- must be made to bring us together. omy and we need to lift those burdens sissippi has anything to add. Let’s find ways to cut our spending, to spur our economic recovery. The Mr. WICKER. Well, just to say this, empower our businesses, and find ways second is the jury is still out on cli- and I will take a minute to say it and to regulate in a positive way, not in a mate changes caused by carbon pollu- then I will thank my friend from Geor- suppressive and oppressive way on tion, so we don’t need to worry about it gia for taking the lead on this col- American small businesses. or even take precautions. Both are, loquy. Senator WICKER, Senator ISAKSON, frankly, outright false. We also need to show job creators and Senator BARRASSO are three who Environmental regulation is well es- that we are actually serious about fix- stand ready to join in doing that, any- tablished to be good for the economy. ing our fiscal house. You know, we time, anyplace, anywhere. It may add costs to you if you are a have had the Gang of 6, we have had I yield the floor, and I suggest the ab- polluter, but polluters usually exag- the Simpson-Bowles Commission, we sence of a quorum. gerate about that. have had Dr. COBURN and Senator LIE- The ACTING PRESIDENT pro tem- For instance, before the 1990 acid BERMAN with a proposal, and we have pore. The clerk will call the roll. rain rules went into effect, Peabody had Alice Rivlin’s proposal—an expert The legislative clerk proceeded to Coal estimated that compliance would on budgetary matters. We know the so- call the roll. cost $3.9 billion. The Edison Electric lutions that are out there, and they are Mr. WHITEHOUSE. Mr. President, I Institute chimed in and estimated that hard to do politically. They would sub- ask unanimous consent that the order compliance would cost $4 to $5 billion. ject us all to intense political criticism for the quorum call be rescinded. Well, in fact, the Energy Information

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In the early 1900s, a century ago, it actually cost $836 million, about one- Contrary assertions are inconsistent with became clear that changes in the sixth of the Edison Electric Institute an objective assessment of the vast body of amount of carbon dioxide in the atmos- estimate. peer-reviewed science. phere might account for significant in- When polluters were required to This letter was signed by the heads of creases and decreases in the Earth’s av- phase out the chemicals they were the following organizations: the Amer- erage annual temperatures and that emitting that were literally burning a ican Association for the Advancement carbon dioxide released from manmade hole through our Earth’s atmosphere, of Science, the American Chemical So- sources, anthropogenic sources—pri- they warned that it would create ‘‘se- ciety, the American Geophysical marily by the burning of coal—would vere economic and social disruption’’ Union, the American Institute of Bio- contribute to those atmospheric due to ‘‘shutdowns of refrigeration logical Sciences, the American Mete- changes. This is not new stuff. These equipment in supermarkets, office orological Society, the American Soci- are well-established scientific prin- buildings, hotels, and hospitals.’’ Well, ety of Agronomy, the American Soci- ciples. in fact, the phaseout happened 4 years ety of Plant Biologists, the American Let me look for a moment at the to 6 years faster than predicted; it cost Statistical Association, the Associa- book I talked about, ‘‘Our Astonishing 30 percent less than predicted; and the tion of Ecosystem Research Centers, Atmosphere,’’ published in 1955—the American refrigeration industry inno- the Botanical Society of America, the year I was born, more than half a cen- vated and created new export markets Crop Science Society of America, the tury ago—for the ‘‘Science for Every for its environmentally friendly prod- Ecological Society of America, the Man Series.’’ Let me read: ucts. Natural Science Collections Alliance, Although the carbon dioxide in the atmos- Anyway, the real point is we are not the Organization of Biological Field phere remains at a concentration of 0.03 per- just in this Chamber to represent the Stations, the Society for Industrial and cent all over the world, the amount in the polluters. We are supposed to be here Applied Mathematics, the Society of air has not always been the same. There have been periods in the world’s history to represent all Americans, and Ameri- Systematic Biologists, the Soil Science Society of America, and the University when the air became charged with more car- cans benefit from environmental regu- bon dioxide than it now carries. There have lation big time. Corporation for Atmospheric Research. also been periods when the concentration has Over the lifetime of the Clean Air These are highly esteemed scientific fallen unusually low. The effects of these Act, for instance, for every $1 it costs organizations. They are the real deal. changes have been profound. They are be- to add pollution controls, Americans They don’t think the jury is still out. lieved to have influenced the climate of the have received about $30 in health and They recognize that, in fact, the ver- earth by controlling the amount of energy other benefits. By the way, installing dict is in, and it is time to act. that is lost by the earth into space. Nearly a More than 97 percent of the climate century ago, the British scientist John Tyn- those pollution controls created jobs dall suggested that a fall in the atmospheric because they went to manufacturers to scientists most actively publishing ac- cept that the verdict is actually in on carbon dioxide could allow the earth to cool build the controls and to Americans to whereas a rise in the carbon dioxide would carbon pollution causing climate and install them. But setting that aside, a make it warmer. With the help of its carbon oceanic changes—97 percent. Think of 30-to-1 benefit ratio to keep our air dioxide, the atmosphere acts like a green- that. clean sounds like a mighty wise invest- house that traps the heat of the sun. Radi- Imagine if your child were sick and ment to me. That 30-to-1 ratio doesn’t ations reaching the atmosphere as sunshine the doctor said she needed treatment, can penetrate to the surface of the earth. even count the intangible benefits—in- and out of prudence you went and got Here, they are absorbed, providing the world tangible but very real benefits—of a second opinion. Then you went with warmth. But the earth itself radiating clear air and clean water, the benefits around and you actually got 99 second energy outwards in the form of long-wave of the heart and the soul, the benefits opinions. When you were done, you heat rays. If these could penetrate the air as the sunshine does, they could carry off much to a grandfather of taking his grand- found that 97 out of 100 expert doctors daughter to the fishing hole and still of the heat provided by the sun. Carbon diox- agreed your child was sick and needed ide in the air helps to stop the escape of heat finding fish there or of the city kid treatment. Imagine further that of the being able to go to a beach and have it radiations. It acts like a blanket to keep the three who disagreed, some took money world warm. And the more carbon dioxide clean enough to swim there or the ben- from the insurance company that the air contains, the more efficiently does it efit to a mom who is spared the burden would have to pay for your child’s smother the escape of the earth’s heat. Fluc- of worry, of sitting next to her asth- treatment. Imagine further that none tuation in the carbon dioxide of the air has matic baby on the emergency room of those three could say they were sure helped to bring about major climate changes albuterol inhaler waiting for his infant your child was OK, just that they experienced by the world in the past. lungs to clear. weren’t sure what her illness was or This is 1955. This is ‘‘Our Astonishing Well, unfortunately, polluters rule in that she needed treatment, that there Atmosphere,’’ out of the ‘‘Science for certain circles in Washington, and they was some doubt. Every Man Series.’’ This is not some- emit propaganda as well as pollution, On those facts, name one decent fa- thing that was just invented. and they have been emitting too much ther or mother who wouldn’t start Let’s look at the facts that we actu- of both lately. treatment for their child. No decent ally observe in our changing planet. Their other big lie the jury is still parent would turn away from the con- Over the last 800,000 years—8,000 cen- out on is whether human-made carbon sidered judgment of 97 percent of 100 turies—until very recently the atmos- pollution causes dangerous climate doctors just because they weren’t all phere has stayed within a bandwidth of change and oceanic change. Virtually absolutely certain. between 170 parts per million and 300 all of our most prestigious scientific How solid is the science behind this? parts per million of carbon dioxide. and academic institutions have stated Rock solid. The fact that carbon diox- That is not theory, that is measure- that climate change is happening and ide in the atmosphere absorbs heat ment. Scientists measure historic car- that human activities are the driving from the Sun was discovered at the bon dioxide concentrations by, for ex- cause of this change. Many of us in time of the Civil War. This is not new ample, locating trapped bubbles in the Congress received a letter from those stuff. In 1863 the Irish scientist John ice of ancient glaciers. So we know, institutions in October 2009. Let me Tyndall determined that carbon diox- over time—and over long periods of quote from that letter. ide and water vapor trapped more heat time—what the range has been. Observations throughout the world make in the atmosphere as their concentra- What else do we know? We know it clear that climate change is occurring, tions increased. A 1955 textbook, ‘‘Our since the industrial revolution, we—hu- and rigorous scientific research dem- Astonishing Atmosphere,’’ notes that mankind—have been burning carbon- onstrates that the greenhouse gases emitted nearly a century ago the scientist, rich fuels in measurable and ever-in- by human activities are the primary driver. creasing amounts. We know we release These conclusions are based on multiple John Tyndall, suggested that a fall in independent lines of evidence, and contrary the atmospheric carbon dioxide could up to 7 to 8 gigatons of carbon dioxide assertions are inconsistent with an objective allow the Earth to cool, whereas a rise each year. A gigaton, by the way, is 1 assessment of the vast body of peer-reviewed in carbon dioxide would make it warm- billion metric tons. So if you are going science. er. to release 7 to 8 billion metric tons a

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.009 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6479 year into the atmosphere, predictably year respectively, over several thou- Mr. CARDIN. Mr. President, I ask that increases carbon concentration in sand years. As the group of Oxford sci- unanimous consent the order for the our atmosphere. ‘‘Put more in and find entists noted: quorum call be rescinded. more there’’ is not a complex scientific Both these estimates are dwarfed in com- The PRESIDING OFFICER. Without theory. It is not a difficult proposition. parison to today’s emissions. objection, it is so ordered. And 7 to 8 billion metric tons a year As I said earlier, those are 7 to 8 f into the atmosphere is a very big thing gigatons per year. The workshop par- AMERICAN JOBS ACT in the historical sweep. ticipants concluded with this quote: So we now measure carbon con- Unless action is taken now, the con- Mr. CARDIN. Mr. President, I take centrations climbing in the Earth’s at- sequences of our activities are at a high risk this time to comment on a vote that mosphere. Again, this is a measure- of causing, through the combined effects of took place earlier this week that the ment, not a theory. The present con- climate change, overexploitation, pollution people of this Nation are having a hard centration exceeds 390 parts per mil- and habitat loss, the next globally signifi- time understanding—why the Repub- cant extinction event in the ocean. lion. licans are filibustering legislation that So 800,000 years and a bandwidth of The laws of physics and the laws of will allow us to consider job growth in 170 to 300 parts per million, and now we chemistry and the laws of science these America. It is a filibuster, and that are over 390. are laws of nature. These are laws of happens so frequently in this body that This increase has a trajectory. Plot- God’s Earth. We can repeal some laws it seems to be standard operating pro- ting trajectories is nothing new either. around here but we can’t repeal those. cedure for the Republicans. But in this It is something scientists, business- Senators are used to our opinions case I think the American public real- people, and our military service people mattering a lot around here, but these izes they have gone too far. do every day. The trajectory for our laws are not affected by our opinions. We have to create more jobs. We have carbon pollution predicts that 688 parts These laws do not care who peddles in- to create more jobs so our economy can per million will be in the atmosphere fluence, how many lobbyists you have grow. There are millions of Americans in the year 2095 and 1,097 parts per mil- or how big your corporate bankroll is. who are seeking work and cannot find jobs and they need work in order to lion in the year 2195. These are carbon Those considerations, so important in support their families. We need more concentrations not outside of the this town, do not matter at all to the laws of nature. jobs for our economy to grow. bounds of 800,000 years but outside of As regards these laws of nature, be- We got into a debate in August about the bounds of millions of years. As cause we can neither repeal nor influ- what we were going to do about raising Tyndall determined at the time of the ence them, we bear a duty, a duty of the debt ceiling and we were all con- Civil War, increasing carbon con- stewardship to see and respond to the cerned about the deficits this country centrations will absorb more of the facts that are before our faces accord- has. Yes, we are concerned that our Sun’s heat and raise global tempera- ing to nature’s laws. We bear a duty to current deficits are not sustainable, tures. shun the siren song of well-paying pol- but we will not have a budget that is Let me end by reviewing the scale of luters. We bear a duty to make the sustainable unless we have more jobs. the peril that we are facing if we fail to right decisions for our children and You can look at all of the programs to act. Over the last 800,000 years, as I grandchildren and for our God-given reduce government spending or to try said, it has been 170 to 300 parts per Earth. to bring in more revenues, but if we do million of carbon dioxide. Since the Right now I must come before the not create more jobs we are not going start of the industrial revolution, that Chamber and remind this body that we to be able to get our budget into a sem- concentration is now up to 390 parts are failing in that duty. The men and blance of order. per million. If we continue on the tra- women in this Chamber are indeed The reason for that is simple. The jectory that we find ourselves, our catastrophically failing in that duty. more people out of work, the more reli- grandchildren will see carbon con- We are earning the scorn and con- ant they are on government services centrations in the atmosphere top 700 demnation of history—not this week, and the less taxes paid in to pay our parts per million by the end of the cen- perhaps, and not next week. The spin bills. So for the sake of those who are tury, twice the bandwidth top that we doctors can see to that. But ultimately seeking employment, for the sake of have lived in for 8,000 centuries. and assuredly, the harsh judgment that our economy, for the sake of our budg- To put that in perspective, mankind it is history’s power to inflict on wrong et, we have to create more jobs. has engaged in agriculture for about will fall upon us. The Supreme Being We had a vote this week on moving 10,000 years. It is not clear we had yet who gave us this Earth and its abun- forward on S. 1660, the President’s jobs mastered fire 800,000 years ago. The en- dance created a world not just of abun- initiative. It was a motion to proceed. tire development of human civilization dance but of consequence and that Su- It was a motion to bring the bill to the has taken place in that 800,000 years, preme Being gave us reason to allow us floor so we could get into a debate and within that 170 to 300 parts per mil- to plan for and foresee the various con- about the best way to create jobs. lion bandwidth. If we go back, we are sequences that those laws of nature im- Many of us thought we would have back into geologic time. pose. amendments that would enhance and In April of this year, a group of sci- It is magical thinking to imagine improve the President’s package. The entific experts came together at the that somehow we will be spared the President’s package was a starting University of Oxford to discuss the cur- plain and foreseeable consequences of point for our debate. But the Repub- rent state of our oceans. The workshop our failure of duty. There is no wizard’s licans said no, we are going to fili- report stated: hat and wand with which to wish this buster even the opportunity for us to Human actions have resulted in warming away. These laws of nature are known; consider jobs legislation. They and acidification of the oceans and are now the Earth’s message to us is clear; our wouldn’t even allow us to move for- causing increasing hypoxia. failure is blameworthy; its con- ward. Acidification is obvious—the ocean is sequences are profound; and the costs We had a majority of the Senate. We becoming more acid; hypoxia means will be very high. had enough votes to pass it or at least low oxygen levels. I thank the Senator from Arkansas proceed if it were a simple majority, Studies of the Earth’s past indicate that for his indulgence for the extra time, which is what most democracies be- these are the three symptoms . . . associated and I yield the floor. lieve is the right standard. But, no, we with each of the previous five mass Mr. UDALL of New Mexico. Mr. had a filibuster that did not even allow extinctions on Earth. President, I suggest the absence of a us to consider the jobs bill on the floor We experienced two mass ocean quorum. of the Senate. extinctions 55 and 251 million years The PRESIDING OFFICER (Mr. I find that most surprising. When you ago. The rates of carbon entering the BROWN of Ohio). The clerk will call the look at the President’s proposal, the atmosphere in the lead-up to these roll. individual provisions have bipartisan extinctions are estimated to have been The assistant legislative clerk pro- support. This is not a Democratic pro- 2.2 and 1 to 2 gigatons of carbon per ceeded to call the roll. posal. Every one of the provisions that

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.010 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6480 CONGRESSIONAL RECORD — SENATE October 13, 2011 the President included in his package electric grids, et cetera, but then also energy policy. This is another amend- had bipartisan support. The Congres- make America more competitive. ment I cannot bring forward because sional Budget Office said the Presi- It would help those who are unem- the Republicans filibustered the mo- dent’s proposal would actually reduce ployed in several ways. First, it would tion to proceed, so we can’t bring up the deficit and would create jobs. It has provide not just unemployment bene- the jobs bill. been validated by the outside experts. fits, which are important because they Well, Americans want us to consider Marc Zandi, the chief economist at help families keep their homes and jobs legislation. I hope we find a way to Moody’s—he was also, by the way, the keep their family together and help our do it. I can tell you that I am going to economic adviser to Senator MCCAIN economy because that money is spent, continue the fight to create more jobs during the 2008 Presidential cam- it also reforms the unemployment sys- for America because that is America’s paign—said, talking about the Presi- tem, so we train those who are out of future. Our economy depends upon it, dent’s plan, ‘‘The plan would add 2 per- work for jobs that are available. In and we need to continue to focus on centage points to GDP growth next many cases, as the Presiding Officer how we can create more jobs for the year, add 1.9 million jobs, and cut the from Ohio knows, those who have lost American economy. unemployment rate by a full percent- their jobs are going to have to find em- I yield the floor. age point.’’ ployment in a different area. Well, the The PRESIDING OFFICER. The Sen- There are many others. Macro- unemployment system should be re- ator from Nebraska is recognized. economic Advisers said that the Presi- formed so that they could be trained f dent’s package would: for those types of jobs. That was in the Boost the level of GDP by 1.3 percent by proposal the Republicans would not HONORING OUR ARMED FORCES the end of 2012, and by 0.2 percent by the end even allow us to bring up. They filibus- MASTER SERGEANT CHRISTIAN RIEGE of 2013— tered rather than allow the majority to Mr. JOHANNS. Mr. President, I rise In other words, we are moving in the bring forward a bill to help create jobs. today to remember a fallen hero, U.S. The bill was paid for. As I have indi- right way; and then went on to say: Army National Guard Master Sergeant cated before, it didn’t increase the def- Raise nonfarm establishment employment Christian Riege. He and two fellow offi- by 1.3 million by the end of 2012 and 0.8 mil- icit. The Congressional Budget Office cers were killed when a gunman opened lion by the end of 2013. . . . said it would actually reduce the def- fire at a Carson City International The Economic Policy Institute esti- icit. House of Pancakes on September 6, mates that the President’s job bill I want to make the point I made ear- 2011. This was a tragic event. It ulti- would create 2.6 million jobs over 2 lier and underscore this: The motion to mately took the lives of four people years and protect an existing 1.6 mil- proceed was the starting point for the and left hollow hearts from Nevada to lion jobs. debate—the starting point. I had three Nebraska, where his father and mother Republicans say we cannot even talk amendments I wanted to bring for- and several relatives live. about this on the floor, the majority ward—I am going to talk very briefly Master Sergeant Riege enlisted in shouldn’t at least be able to bring for- about those three amendments—that I the U.S. Navy in 1992. As a career non- ward this issue so we can have a full think would have improved the Presi- commissioned officer, Chris spent debate in the Senate. dent’s bill. The President’s proposals included One would allow the Small Business much of his time in uniform training areas in which I think there is strong Administration surety bond program— young soldiers. He entered the Ne- bipartisan support—to help small busi- this is a program that gives small con- braska National Guard after his service nesses. We all know small businesses struction companies the ability to in the Navy. Like many National are the growth engine of America. That move forward with construction work. Guard NCOs, he held more than one is where jobs are created. That is where It would increase the surety bond pro- military occupational specialty. With most innovation will take place. The gram from $2 million to $5 million. It experience as an infantry soldier and proposal would help small businesses was an amendment I offered to the knowledge of mechanics and supply lo- with new hires on their payroll and ex- American Recovery and Reinvestment gistics, Chris set the standard high for pensing of investments so they have an Act. Let me tell you about the success the soldiers he trained. He excelled in incentive to invest in job growth. That of that program. As a result of increas- physical fitness, and he was a natural is what was in the President’s proposal ing the surety bonds from $2 million to teacher. He served a 22-month deploy- to help small businesses. $5 million, we saw a jump of 36 percent ment in Fort Irwin, California with the In the President’s proposal was help in 1 year, 2010, in construction work for task of training units deploying for for our veterans. We all talk about our small businesses. That is quite a suc- overseas contingency missions. warriors, our soldiers, out there every cess story. Guess how much money Chris most recently served with the day protecting our values. They have that cost the taxpayers of this country 1st of the 221st Cavalry in Afghanistan, represented America so brilliantly in in direct costs. Zero, no cost to the earning his combat spurs during this international combat. Now they are taxpayer. Well, my amendment would tour. The decorations and badges coming home to America. They are make that extension permanent. And it earned over his distinguished career in- coming home and they cannot find is bipartisan—Democrats and Repub- clude the Combat Action Badge, the work, cannot find a job. The President licans support it. Meritorious Unit Commendation with is saying let’s help them. We all talk I have another amendment that oak leaf cluster, the Legion of Merit, about doing what we can to help our would expand the infrastructure work the Meritorious Service Medal with warriors. This bill did something tan- to include water projects. Water oak leaf cluster, the Army Commenda- gible about it. projects are in desperate need. We have tion Medal, the Army Achievement What did the Republicans do? They a huge need to deal with the way we Medal with four oak leaf clusters, the filibustered an opportunity to even treat wastewater and our safe drinking Armed Forces Expeditionary Medal, talk about a bill that could help create water. My amendment would add $30 the Southwest Asia Service Medal, and more jobs. billion for infrastructure in our water the Afghanistan Campaign Medal with The proposal also provides for infra- projects. It would provide $20 billion to one campaign star. structure. Infrastructure is building. It the Clean Water State Revolving Fund Chris is remembered as a soft-spoken is rebuilding America. Democrats and and $10 billion to the Safe Drinking warrior with a love for fixing things. Republicans agree on that. We have to Water Act. A fellow soldier and friend, Master rebuild our bridges and our roads. The I would like to talk about one more Sergeant Paul Kinsey, made reference bridges are falling down. Roads are in amendment, which is the cool roof bill to his demeanor: desperate need of repair. Roads help I filed with Senator CRAPO which would You can’t just label him with one word or provide economic growth for our coun- change the depreciation schedule for one phrase. Still waters run deep. try. It would help us rebuild America, those businesses that put on modern The Riege family laid their soldier to create jobs through those who con- roofs that are energy efficient and rest in Page, Nebraska, on September struct these new roads and bridges and would create 40,000 jobs and help our 17, 2011. Today, I join the family and

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.012 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6481 friends of Master Sergeant Riege in The need to treat motorists of all races sumed by the police and other law enforce- mourning the death of their son, fa- with respect, dignity, and fairness under law ment agents to be predisposed to criminal ther, fiance´, friend, and fellow soldier. is fundamental to good police work and a behavior. Multiple studies have proven that Nebraska is honored to call him one of just society. The parties agree that racial racial profiling results in the misallocation profiling is unlawful and undermines public of law enforcement resources and therefore a our own, and I know both Nebraskans safety by alienating communities. failure to identify actual crimes that are and Nevadans will surround his family Racial profiling demonizes entire planned and committed. By relying on during this very difficult time. As we communities and perpetuates negative stereotypes rather than proven investigative honor this hero, may his children— stereotypes based on an individual’s procedures, the lives of innocent people are Serrah, Erica, Synde, and Michael—al- needlessly harmed by law enforcement agen- race, ethnicity, or religion. cies and officials. ways know the bravery with which I agree with Attorney General Hold- their father served and the love he had Racial profiling results in a loss of trust er’s remark to the American-Arab and confidence in local, state, and federal for them. Anti-Discrimination Committee where May God bless the Riege family and law enforcement. Although most individuals he stated: are taught from an early age that the role of all of our service men and women, both In this Nation, security and liberty are—at law enforcement is to fairly defend and here and abroad. their best—partners, not enemies, in ensur- guard communities from people who want to I yield the floor and note the absence ing safety and opportunity for all . . . In this cause harm to others, this fundamental mes- of a quorum. Nation, the document that sets forth the su- sage is often contradicted when these same The PRESIDING OFFICER. The preme law of the land—the Constitution—is defenders are seen as unnecessarily and clerk will call the roll. meant to empower, not exclude . . . Racial unjustifiably harassing innocent citizens. The assistant legislative clerk pro- profiling is wrong. It can leave a lasting scar Criminal investigations are flawed and hin- ceeded to call the roll. on communities and individuals. And it is, dered because people and communities im- The PRESIDING OFFICER. The Sen- quite simply, bad policing—whatever city, pacted by these stereotypes are less likely to ator from Maryland. whatever state. cooperate with law enforcement agencies Mr. CARDIN. I ask that the order for Using racial profiling makes it less they have grown to mistrust. We can begin likely that certain affected commu- to reestablish trust in law enforcement if we the quorum call be rescinded. act now. The PRESIDING OFFICER. Without nities will voluntary cooperate with law enforcement and community polic- Current federal law enforcement guidance objection, it is so ordered. and state laws provide incomplete solutions f ing efforts. Minorities living and work- to the pervasive nationwide problem of ra- ing in these communities may also feel RACIAL PROFILING cial profiling. discouraged from traveling freely, and Your support for the End Racial Profiling Mr. CARDIN. Mr. President, last it corrodes the public trust in govern- Act of 2011 is critical to its passage. We urge week I introduced legislation in the ment. you to become an original co-sponsor of this Senate that would prohibit the use of I wish to thank the Leadership Con- vital legislation, which will ensure that fed- racial profiling by Federal, State, or ference on Civil and Human Rights for eral, state, and local law enforcement agen- local law enforcement agencies. The their endorsement of this legislation. I cies are prohibited from impermissibly con- End Racial Profiling Act, S. 1670, had ask unanimous consent that the en- sidering race, ethnicity, national origin, or dorsement letter of September 14, 2011, religion in carrying out law enforcement ac- been introduced in previous Congresses tivities. To become an original co-sponsor, by our former colleague, Senator Russ from over 50 different organizations be please contact Bill Van Horne in Senator Feingold of Wisconsin, and I am proud printed in the RECORD. Cardin’s office at bill_vanhorne@cardin to follow his leadership. I thank my There being no objection, the mate- .senate.gov or (202) 224–4524. If you have any colleagues, Senator BLUMENTHAL, Sen- rial was ordered to be printed in the questions, please feel free to contact Lexer ator DURBIN, Senator GILLIBRAND, Sen- RECORD, as follows: Quamie at (202) 466–3648 or Nancy Zirkin at (202) 263–2880. Thank you for your valued con- ator KERRY, Senator LAUTENBERG, Sen- THE LEADERSHIP CONFERENCE sideration of this critical legislation. ator LEVIN, Senator MENENDEZ, Sen- ON CIVIL AND HUMAN RIGHTS, Washington, DC, Sept. 14, 2011 Sincerely, ator MIKULSKI, and Senator STABENOW, Adhikaar; African American Ministers in for joining me as original cosponsors of COSPONSOR THE END RACIAL PROFILING ACT OF 2011 Action; American-Arab Anti-Discrimination this legislation. Committee; American Civil Liberties Union; DEAR SENATOR: on behalf of The Leader- Racial profiling is ineffective. The American Humanist Association; Asian ship Conference on Civil and Human Rights, American Justice Center, member of Asian more resources that are spent inves- and the undersigned groups, we urge you to American Center for Advancing Justice; tigating individuals solely because of be an original cosponsor of the End Racial Asian Law Caucus; Asian Pacific American their race or religion, the fewer re- Profiling Act of 2011 (ERPA). Passage of this sources that are being directed at sus- bill is needed to put an end to racial Labor Alliance; Bill of Rights Defense Com- profiling by law enforcement officials and to mittee; The Brennan Center for Justice; pects actually demonstrating illegal Counselors Helping (South) Asians Inc; Dis- behavior. ensure that individuals are not prejudicially stopped, investigated, arrested, or detained ciples Justice Action Network; Drug Policy In response to a question about the Alliance. December 2001 bomb attempt by Rich- based on their race, ethnicity, national ori- gin, or religion. Policies primarily designed DRUM—Desis Rising Up and Moving; Heal- ard Reid, Former Department of Home- to impact certain groups are ineffective and ing Communities Prison Ministry and Re- land Security Secretary Michael often result in the destruction of civil lib- entry Project Human Rights Watch; Indo- Chertoff stated: erties for everyone. American Center; Institute Justice Team, The problem is that the profile many peo- ERPA would establish a prohibition on ra- Sisters of Mercy of the Americas; Japanese ple think they have of what a terrorist is cial profiling, enforceable by declaratory or American Citizens League; Korean American doesn’t fit the reality . . . and, in fact, one of injunctive relief. The legislation would man- Resource & Cultural Center; Korean Re- the things that the enemy does is to delib- date training for federal law enforcement of- source Center; Lawyers’ Committee for Civil erately recruit people who are Western in ficials on racial profiling issues.As a condi- Rights Under Law; The Leadership Con- background or in appearance, so that they tion of receiving federal funding, state, local, ference on Civil and Human Rights; Lu- can slip by people who might be stereo- and Indian tribal law enforcement agencies theran Immigration and Refugee Service; typing. would be required to collect data on both Muslim Advocates; Muslim Public Affairs Council; NAACP; NAACP Legal Defense and Racial profiling diverts scarce re- routine and spontaneous investigatory ac- tivities. The Department of Justice would be Educational Fund, Inc. sources from real law enforcement. In authorized to provide grants to state and National Advocacy Center of the Sisters of my own State of Maryland in the 1990s, local law enforcement agencies for the devel- the Good Shepherd; National African Amer- the ACLU brought a class action suit opment and implementation of best policing ican Drug Policy Coalition, Inc.—National against the Maryland State Police for practices, such as early warning systems, Alliance of Faith and Justice; National illegally targeting African-American technology integration, and other manage- Asian American Pacific Islander Mental motorists for stops and searches along ment protocols that discourage profiling. Health Association; National Asian Pacific Maryland’s highways. The parties ulti- Lastly, this important legislation would re- American Bar Association; National Asian Pacific American Women’s Forum; National mately entered into a Federal court quire the Attorney General to issue periodic reports to Congress assessing the nature of Association of Criminal Defense Lawyers; consent decree in 2003 in which they any ongoing racial profiling. National Association of Social Workers; Na- made a joint statement that empha- Racial profiling involves the unwarranted tional Black Police Association; National sized in part: screening of certain groups of people, as- Congress of American Indians; National

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.013 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6482 CONGRESSIONAL RECORD — SENATE October 13, 2011 Council of La Raza; National Gay and Les- ate—and Nevada’s unemployment rate taken for economic recovery has failed bian Task Force Action Fund; National Ko- at that time was 9.4 percent. The next miserably. Another stimulus bill is not rean American Service & Education Consor- month the stimulus was passed. Sup- the solution. tium; NETWORK, A National Catholic Social porters claimed the national unem- We now have a string of economic Justice Lobby. OCA; Pax Christi USA; Rights Working ployment level would not rise above 8 policies that are big on talking points, Group; Sahara of South Florida, percent if we passed the stimulus bill. light on solutions. People from all over Inc.Sentencing Project; Sojourners; Sikh Nevada’s unemployment at that time the country are struggling just to get American Legal Defense and Education then grew from 9.4 percent to 10.1 per- by and are desperate for real solutions. Fund; Sikh Coalition; Sneha, Inc.; South cent. It is time for new ideas and a new di- Asian Americans Leading Together; In June of 2009 Congress passed the rection, not more of the same. Out-of- StoptheDrugWar.org; Union for Reform Ju- Cash for Clunkers legislation and Ne- control spending, a health care law daism; United Methodist Church, General vada’s unemployment then grew at that no one can afford, and a seemingly Board of Church and Society; UNITED SIKHS; US Human Rights Network. that point from 10.1 percent to 12 per- endless stream of regulations are crip- cent. With the success of Cash for pling employers, stifling economic Mr. CARDIN. The bill I introduced Clunkers, we passed Cash for Clunkers growth, and killing jobs. The American last week, the End Racial Profiling II the following August, and Nevada’s public and businesses alike are await- Act, would build on the Department of unemployment rose from 12 percent to ing a plan that can provide the sta- Justice’s current ‘‘Guidance Regarding 13.2 percent. bility and certainty necessary to pro- the Use of Race by Federal Law En- Then in March of 2010, Congress vide confidence to the American people forcement Agencies’’ issued in 2003. passed the President’s health care law. and bolster economic growth. This official Department of Justice Nevada’s unemployment rose again, I hear some of my friends on the guidance certainly was a step forward, from 13.2 percent to 13.4 percent. other side of the aisle claim there are but it does not have adequate provi- In July of that year, Congress then no ideas for job creation coming from sions for data collection and enforce- passed the Dodd-Frank reform of the fi- Republicans. Since coming to the Sen- ment for State and local agencies. The nancial services industry legislation ate, I have repeatedly filed job-related Department of Justice guidance also that effectively limited access to cap- amendments when given the oppor- does not have the force of law. ital, both for individuals and small tunity but have yet to see an open de- The legislation I introduced would businesses, and Nevada’s unemploy- bate on any of these amendments. So if prohibit the use of racial profiling by ment rate went from 13.4 percent to it is true there are no ideas coming Federal, State, or local law enforce- 14.3 percent. In fact, if we go back to from Republicans, then there is noth- ment agencies. This bill clearly defines May of 2010, Nevada overtook Michigan ing to fear from an honest, real debate racial profiling to include race, eth- as the State with the highest unem- on jobs. Instead of symbolic votes and nicity, national origin, or religion as ployment rate at 14 percent. With the political grandstanding, let’s actually protected classes. It requires training passage of Dodd-Frank, it then rose do the difficult work and address this of law enforcement officers to ensure again to 14.3 percent. problem. they understand the law and its prohi- Then we passed the State bailout in As I suggested to President Obama, bitions. It creates procedures for re- August of 2010, and then stimulus No. 2, Nevada needs a proposal that reforms ceiving, investigating, and resolving and Nevada’s unemployment rate rose the Tax Code, stops excessive govern- complaints about racial profiling. It again to 14.4 percent. So with the un- ment spending, and provides the cer- would apply equally to Federal, State, employment rate at 14.4 percent and tainty businesses need to hire. Instead, and local law enforcement, which cre- due to the lack of economic activity, the administration and the Senate ma- ates consistent standards at all levels some people in Nevada have stopped jority have recycled the same failed of government. looking for work or, worse, some Ne- policies, but this time they increase The vast majority of our law enforce- vadans have actually left the State for taxes on the same businesses we need ment officers who put their lives on the employment elsewhere. This has re- to create jobs. line every day handle their jobs with sulted in Nevada’s unemployment dip- There are a number of actions Con- professionalism, diligence, and fidelity ping from 14.4 percent to 13.4 percent. gress can take immediately to bolster to the rule of law. However, Congress I guess I raise the question for the our Nation’s economy such as opening and the Justice Department can still second time: Have these economic poli- our country to energy exploration, take steps to prohibit racial profiling cies worked? streamlining the permitting process for and root out its use. I look forward to There is a local paper that had a responsible development of our domes- working with my colleagues to enact readers’ poll and the question of this tic resources, and reforming our Tax this very important legislation. readers; poll was: Is Nevada’s economy Code, making it simpler for individuals Mr. President, I yield the floor. recovering? Of those who responded, 82 and businesses alike, and cutting out The PRESIDING OFFICER. The Sen- percent said no. So regardless of what the special-interest loopholes while re- ator from Nevada. Washington, DC, is trying to tell them, ducing the overall tax burden for all f 82 percent of Nevadans understand that Americans. Instead of looking for new THE ECONOMY the economic recovery has not yet oc- ways to tax the American public and curred in the State of Nevada. our job creators, we should make our Mr. HELLER. Mr. President, I rise One of my constituents recently Tax Code more competitive and pro- today to address the economy as it af- wrote: vide businesses the stability they need fects my home State of Nevada. I am writing you today because I am out- to grow and create jobs. This recession has hit my home State raged over the stimulus proposal that Presi- As I have stated before, this con- of Nevada harder than it has hit any dent Obama is trying to intimidate you into tinual threat of tax increases feeds the other State in the country. My State passing. Despite the evidence that the first uncertainty that serves as an impedi- has the unfortunate distinction of lead- two stimulus plans have failed, despite the ment to economic growth. These are ing the Nation in unemployment, fore- promises that there were shovel ready jobs, all things that both this administra- closure, and bankruptcy. despite the other false promises that the tion and Congress can do immediately first trillion would upgrade our infrastruc- As we discuss yet another stimulus to boost economic recovery. this week, I hear from my friends on ture and keep unemployment under 8 per- cent, despite the overwhelming evidence I came to Washington to make a dif- the other side of the aisle their claim that nearly a TRILLION dollars of tax- ference. Let’s start doing the hard that their priorities are jobs, jobs, jobs. payers’ dollars were completely wasted in work we were sent here to do. I have one question about their eco- the first stimulus, this President had the au- Mr. President, I yield the floor and nomic policies: Is this working? dacity to demand that you immediately pass note the absence of a quorum. In January 2009 President Obama was another half a trillion dollars’ worth of stim- The PRESIDING OFFICER. The inaugurated as President of the United ulus. Don’t do it! clerk will call the roll. States. Democrats controlled both So it is that the approach of this ad- The assistant legislative clerk pro- Houses—both the House and the Sen- ministration and its supporters have ceeded to call the roll.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.001 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6483 Mr. MORAN. Mr. President, I ask ability. We can handle decisions we don’t ketplace, attracting and retaining en- unanimous consent that the order for agree with, but that’s easier than not know- trepreneurial talent, and encouraging the quorum call be rescinded. ing what the decision is going to be. progrowth State and local policies. The PRESIDING OFFICER. Without Another executive of a small business First, the Startup Act will remove objection, it is so ordered. put it very plainly: barriers to growth by streamlining Mr. MORAN. Mr. President, I ask Among the other presidents and CEOs I Federal regulations. Rather than hir- unanimous consent to speak for up to interact with, the only consensus of opinion ing new employees, businesses are 15 minutes. is none of us has any idea where things are spending money on complying with un- The PRESIDING OFFICER. Without going. In my observation, the uncertainty we reasonable regulations, sometimes reg- objection, it is so ordered. are experiencing is caused almost entirely ulations not based upon sound science. out of Washington and other governments f around the world. New businesses face an especially heavy burden in complying with the JOB CREATION The reality is the private sector has multitude of local, State, and Federal Mr. MORAN. Mr. President, I am been the engine of job creation in our rules governing their business. here on the floor today to share a few country throughout history. So we According to the SBA, firms with thoughts on a topic that has a daily should do everything we can to encour- fewer than 20 employees spend 36 per- impact upon the lives of Americans. It age business to create jobs. In fact, cent more per employee than larger is the topic we have had front and cen- small businesses represent 99.7 percent firms to comply with Federal regula- of all employer firms and employ half ter now for a long time—job creation. tions. Very small firms spend 41⁄2 times Whether a mom or dad can find a job of all private sector employees, accord- as much per employee to comply with directly impacts their ability to put ing to the Small Business Administra- environmental regulations and 3 times food on their family’s table, pay their tion. In the last two decades, they have more per employee on tax compliance mortgage, save for their children’s edu- generated 65 percent of the new jobs than the largest corporations. cation, and prepare for their own re- created in our country. When I met with those business lead- tirement. One of the greatest opportunities we ers in Kansas City recently, one of In August our economy failed to cre- have to improve someone’s life is to them told me he was required to re- ate any jobs. In September our econ- create an environment where jobs can place all the light bulbs in his factory omy created about 100,000 jobs, but be created, so employers can feel con- because of an EPA regulation. But his that is not fast enough to get us out of fident about investing in their compa- factory has skylights and was already our economic slump. The fact is that 14 nies, and they can put people to work. well lit. He did not need new lighting, million Americans are still out of Today, I wish to outline a new ap- but the government told him he did, work, and about 42 percent of those un- proach, one that is based on a proven and this unnecessary regulation cost employed have been looking for a job track record of success—the success of him tens of thousands of dollars. This for more than 6 months. We know the American entrepreneur. Soon I will is just one example of how cumbersome those facts. be introducing legislation called the and how costly regulations have be- Over the last few weeks, I have asked Startup Act to help jump-start our come. That money could have and Kansans what their thoughts are about economy through the creation and should have been, in my view, better this circumstance, and we find many growth of new businesses. spent on helping that business grow. Kansans, as are others in America, dis- The American dream is based on the The Startup Act will overhaul the couraged, looking for work, unable to principle that anyone can achieve suc- Federal regulatory process for all regu- find a job. They want to know why our cess, given the freedom and oppor- lations that have an impact on the businesses are not creating those jobs tunity to make a better life for them- economy of $100 million or more. By re- and making them available for them. selves and their families. America has quiring these rules to undergo a cost- I recently had the opportunity to sit long been known as the land of oppor- benefit analysis every 10 years, the down with Kansans who own businesses tunity, where individuals risk all they benefit and burden on businesses and in Overland Park—a suburb of Kansas have to live out their dreams. Many consumers will become much more City—and in Hutchinson—a commu- Fortune 500 companies, such as Ford, clear. This will ease the burden on nity just outside Wichita—to talk Apple, and General Electric, got their businesses so they can focus on grow- about the economy and their outlook start with a handful of folks, an indi- ing their business and hiring more for our economic future. vidual, a great idea, and a lot of hard workers. Throughout our conversations, it be- work. Many of our businesses started Second, the Startup Act will help came clear the main reason businesses in garages across our country. So we companies attract investment so they are not hiring is because of economic should continue to encourage this spir- can get off the ground and grow more uncertainty. In fact, a survey con- it of entrepreneurship in our Nation. quickly. One of the greatest challenges ducted by the U.S. Chamber of Com- In Kansas City, there is a foundation for startups is having access to the merce indicated more than half of dedicated to the promotion of entrepre- necessary capital to grow their busi- small business executives cited eco- neurship called the Kauffman Founda- ness. nomic uncertainty as the greatest ob- tion. Their research shows that be- Investors’ capital gains are currently stacle to hiring more employees. tween 1980 and 2005, companies less taxed at 15 percent. Last year, the From a business owner’s perspective, than 5 years old accounted for nearly Small Business Jobs Act passed by I can understand why they are reluc- all the new job growth in the United Congress temporarily exempted taxes tant; if they do not know how much States. In fact, new firms create about on capital gains from the sale of cer- they will have to pay in taxes or to 3 million jobs each year. For 45 years, tain small business stock held for at comply with additional regulations a the Kauffman Foundation has worked least 5 years. The Startup Act will year from now or how much health to strengthen opportunities for entre- make this exemption permanent so in- care costs will be for any new em- preneurs in this country, so when a vestors have an incentive to partner ployee, why would they hire a new em- person comes up with a good idea, they with entrepreneurs and help provide fi- ployee now or invest in their business? can pursue it and turn it into reality. nancial stability for the first few years Any successful business owner will tell Many of their good ideas are re- of that business’s beginning. us they have to take risks to get flected in the legislation I will soon be Third, the Startup Act will make it ahead, but they will also tell us they introducing and are based upon easier to take research from the lab- have to balance those risks against Kauffman’s extensive research and oratory and apply it in the market- their expected costs or they will run analysis. place. Some of our brightest and most their business into the ground. The foundation of the Startup Act is creative individuals study at American One chief executive put it this way: based on five progrowth principles: re- universities. Each day, faculty mem- What are the rules of the game going to be moving barriers to growth, attracting bers and graduate students make new in the long term? What our retailers would business investment, bringing more re- discoveries and develop new ideas. The like to have is consistency and predict- search from the laboratory to the mar- possibilities of research are endless. In

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.017 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6484 CONGRESSIONAL RECORD — SENATE October 13, 2011 fact, university research led to skilled entrepreneurs and to help grow The PRESIDING OFFICER. Without groundbreaking discoveries such as the our country. objection, it is so ordered. polio vaccine, antibiotics, black-and- Finally, the Startup Act would en- f white television, barcodes, and, more courage progrowth State and local CONCLUSION OF MORNING recently, e-mail and Google. policies. To help bring more cutting-edge re- While Federal policies certainly im- BUSINESS search to the marketplace, my bill cre- pact the formation and growth of new The PRESIDING OFFICER. Under ates an incentive for universities to re- businesses, State and local policies the previous order, morning business is form their technology policies and also play an important role in their now closed. practices. The Startup Act requires the creation and growth. In order to iden- f tify the States which are the most en- top Federal R&D grant-making agen- AUTHORIZING APPOINTMENT OF trepreneur-friendly, this legislation cies to give preference to universities ESCORT COMMITTEE that have a proven track record of suc- will create the ‘‘State Startup Business cess in discovering commercial applica- Report’’ to analyze State laws and poli- Mr. LEAHY. Mr. President, I ask tions for their research. cies. The report will encourage healthy unanimous consent that the President Fourth, this legislation will enable competition and lead to the develop- of the Senate be authorized to appoint new businesses to attract and retain ment and expansion of progrowth poli- a committee on the part of the Senate highly trained workers, including those cies. to join a like committee on the part of who immigrate to our country. In conclusion, our first priority in the House of Representatives to escort Our country was founded on immi- Congress should be to create an envi- His Excellency Lee Myung-bak, Presi- grants who have long contributed to ronment that encourages companies to dent of the Republic of Korea, into the the strength of our economy by start- grow and create jobs. We know our House Chamber for the joint meeting ing businesses and creating jobs. In economy cannot continue on the path at 4 p.m., Thursday, October 13, 2011. fact, a 2007 study found that more than it is on. In a recent Chamber of Com- The PRESIDING OFFICER. Without one-quarter of technology and engi- merce study, 64 percent of small busi- objection, it is so ordered. neering companies started in our coun- ness executives said they do not expect f try, from 1995 to 2002, had at least one to add to their payroll in the next year, EXECUTIVE SESSION key founder who was born overseas. and another 12 percent said they plan These companies produced $52 billion to cut jobs. in sales and employed 450,000 workers The Startup Act would encourage NOMINATION OF ALISON NATHAN in 2005 alone. American entrepreneurs to do what TO BE UNITED STATES DISTRICT Research shows that 53 percent of im- they do best: dream big and pursue JUDGE FOR THE SOUTHERN DIS- migrant founders of U.S.-based tech- their dreams. The American economy TRICT OF NEW YORK nology and engineering companies can and will recover when we give completed their highest degree at an American entrepreneurs the tools they American, a U.S. university. Unfortu- need to succeed. NOMINATION OF SUSAN OWENS nately, many foreign-born immigrants By removing those barriers to growth HICKEY TO BE UNITED STATES leave the States after they complete for new companies, attracting business DISTRICT JUDGE FOR THE WEST- their studies and return to their home investment, bringing more research ERN DISTRICT OF ARKANSAS countries to start businesses because from the laboratory to the market- they have a hard time securing a visa place, retaining talented entrepreneurs to stay in the United States. and skilled employees, and encour- NOMINATION OF KATHERINE B. It does not make much sense to make aging progrowth policies, we will spur FORREST TO BE UNITED STATES such an investment in these students growth in the marketplace and assist DISTRICT JUDGE FOR THE and then not give them the oppor- in putting people back to work. SOUTHERN DISTRICT OF NEW tunity to apply what they have learned The ongoing debate about how to cre- YORK by starting a company in the United ate jobs needs to turn from rhetoric to The PRESIDING OFFICER. Under States that will generate jobs for other reality. Nothing in this legislation is the previous order, the Senate will pro- Americans. We should be doing all we designed to be highly partisan. It is de- ceed to executive session to consider can to attract and retain highly skilled signed to make certain Republicans the following nominations which the and entrepreneurial folks so they can and Democrats can come together with clerk will report. work in the field where they have stud- a plan that will make a difference. The bill clerk read the nominations ied and contribute to our economy. It is time for Congress to put policies of Alison Nathan, of New York, to be The Startup Act will help retain this in place that give job creators more United States District Judge for the talent in two ways. confidence and certainty in the mar- Southern District of New York; Susan First, it creates a new visa, called a ketplace. If we fail to act as we should, Owens Hickey, of Arkansas, to be STEM visa, for any immigrant who if we continue to ignore the economic United States District Judge for the graduates with a master’s or Ph.D. in problems facing our country, if we let Western District of Arkansas; and science, technology, engineering or partisanship and bickering get in our Katherine B. Forrest, of New York, to math. This will give those graduates way, we will reduce the opportunities be United States District Judge for the the opportunity to stay for up to 1 year the next generation of Americans have Southern District of New York. beyond their graduation date to find a to pursue the American dream. It is The PRESIDING OFFICER. Under job and put to work the high-tech our greatest responsibility as citizens the previous order, there will be 2 skills they learned and that our econ- of our country to make sure the next hours for debate with respect to those omy so desperately needs. generation of Americans can live in a nominations, with the time equally di- Second, the bill creates another visa, country with freedom and liberty and vided in the usual form. called an entrepreneur’s visa, for immi- have the opportunity to dream their Mr. LEAHY. Mr. President, I ask grants who register a business and em- dreams and see them fulfilled. unanimous consent that—it is now 10 ploy at least one nonfamily member I yield back and suggest the absence minutes past 12—the 2 hours be deemed within 1 year of obtaining that visa. of a quorum. as having begun at 12 so the first vote Once they have satisfied those require- The PRESIDING OFFICER (Mr. will be at 2 o’clock. ments, the entrepreneur would be al- WHITEHOUSE). The clerk will call the The PRESIDING OFFICER. Without lowed to remain here for an additional roll. objection, it is so ordered. 3 years if they employ additional em- The bill clerk proceeded to call the Mr. LEAHY. With the time equally ployees and further grow their busi- roll. divided as under the normal agree- ness. Mr. LEAHY. Mr. President, I ask ment. The goal of both these visas is to en- unanimous consent that the order for The PRESIDING OFFICER. Without courage innovation among highly the quorum call be rescinded. objection, it is so ordered.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.019 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6485 Mr. LEAHY. And that the time in Democratic leadership, Republican the Judiciary Committee. As many as quorum calls be equally divided. Presidents and Democratic Presidents. 25 States are served by Federal courts The PRESIDING OFFICER. Without Especially for district courts, when with vacancies that would be filled by objection, it is so ordered. nominees were voted out of the com- these nominations. Millions of Ameri- Mr. LEAHY. With votes today on 3 of mittee with a bipartisan majority or cans across the country are harmed by the 30 judicial nominations reported fa- voted out unanimously, they were delays in overburdened courts. When vorably by the Judiciary Committee, voice-voted within a matter of weeks. most people go to court they do not the Senate will complete action on the That has changed: under President consider themselves Republicans or nominations that were part of the Obama, Republicans are delaying Democrats; they just know they have a unanimous consent agreement reached judges who were voted on unanimously reason to go to court. But they now 3 weeks ago, prior to the last recess. by every Republican and Democrat in find many vacant judgeships. They I want to thank the majority leader the Judiciary Committee. I do not cannot get their cases heard, and jus- for pressing at that time for Senate think that is right. tice delayed is, as we know, justice de- votes on all 27 of the judicial nomina- The path followed by the Senate in nied. tions then on the Executive Calendar. considering the nomination of Judge As I have said, we have 27 judicial Unfortunately, the Republican leader- Jennifer Guerin Zipps is the path that nominations remaining on the cal- ship would consent to vote on only 10 should be followed with all consensus endar—24 of them voted for unani- of those long-stalled nominations. So nominations. Judge Zipps was nomi- mously. I ask the Republican leader- even after today’s vote, we are back nated to fill the emergency judicial va- ship to explain to the American people where we started with 27 judicial nomi- cancy created by the tragic death of why they will not consent to vote on nations on the calendar awaiting final Judge Roll in the Tucson, Arizona the qualified consensus candidates action by the Senate. shootings. I was pleased that, with co- nominated to fill these extended judi- Like the nominations we considered operation from Republican Senators, cial vacancies. last week and earlier this week, all the time from when the Judiciary Com- The delays which have led to the three of the district court nominations mittee reported Judge Zipps’ nomina- damaging backlog in judicial nomina- the Senate considers today were re- tion to full Senate consideration was tions is compounded by the unprece- dented attempt by some on the other ported favorably by the committee less than 1 month, even including a re- side of the aisle to create what I con- months ago with strong bipartisan sup- cess period. It should not take a trag- sider misplaced controversies about the port. They have all been fully consid- edy to spur us to action to fill a judi- records of what should be consensus ered by the Senate Judiciary Com- cial emergency vacancy. Indeed, the district court nominees. This approach mittee. They have all been through a time it took the Senate to consider has threatened to undermine the long- thorough vetting process. They were Judge Zipps’ nomination was in line standing deference given to home State all ready for a final Senate vote well with the average time it took for the Senators who know the nominees and before the August recess, but we are Senate to consider President Bush’s the needs of their states best. I am glad only considering them now, halfway unanimously reported judicial nomina- we are finally going to vote today on through October. tions—28 days. It is regrettable that the nominations of Alison Nathan to As I said when the Senate returned her nomination has become the excep- the Southern District of New York and from the September recess with votes tion for President Obama’s consensus Susan Hickey to the Western District on six long-pending nominations, I nominations. Those nominations which of Arkansas, but I hope Senators will hope that these votes are an end to the have been reported with the unanimous not raise the kind of selective and un- unnecessary stalling by Senate Repub- support of every Republican and Demo- fair questions about the qualifications licans on nominations. I hope that the crat on the Judiciary Committee have of these two fine nominees which were Senate will build on these votes and waited an average of 76 days on the Ex- never raised about President Bush’s ju- make real progress in addressing the ecutive Calendar before consideration dicial nominees. crisis in judicial vacancies that has by the Senate. Alison Nathan is currently Special gone on for far too long, to the det- Senator GRASSLEY and I have worked Counsel to the Solicitor General of riment of our courts and the American together to ensure that the Judiciary New York, having earned the Louis J. people. Votes on four to six judicial Committee makes progress on nomina- Lefkowitz Memorial Achievement nominees a week cannot be the excep- tions. Earlier today, the committee re- Award for her work there last year. Ms. tion if we are going to bring down a ju- ported another five judicial nomina- Nathan previously had a successful ca- dicial vacancy rate that remains above tions, four of which have Republican reer in private practice at a national 10 percent, with 92 vacancies on Fed- home state Senators in strong support. law firm, as a professor at two New eral courts across the country. Votes Two of those nominations will fill judi- York law schools, and as an Associate on four to six nominations would be re- cial emergency vacancies in Florida White House Counsel. She clerked for quired throughout the year to make a and Utah. There is no need for the Sen- Supreme Court Justice John Paul Ste- real difference. I hope my friends on ate to wait weeks and months before vens and Judge Betty Fletcher of the the other side of the aisle will join to- voting on these nominations. There is Ninth Circuit Court of Appeals. gether with us to end their insistence no need for the Senate Republican Ms. Nathan’s nomination has the on harmful delay for delay’s sake. leadership to continue the unnecessary strong support of both her home State We need a return to regular order delays in our consideration of judicial Senators. Senator SCHUMER rightfully where the timely consideration of con- nominations that have contributed to praised her intellect and her accom- sensus, qualified nominees is not the the longest period of historically high plishments when he introduced her to exception but the rule. With Repub- vacancy rates in the last 35 years. The the Judiciary Committee. Half of the lican agreement, we could vote today number of judicial vacancies rose Republicans on the Judiciary Com- on all 30 of the nominations reported above 90 in August 2009, and it has mittee joined all of the Democrats in by the Committee. Of the 27 judicial stayed near or above that level ever voting to report her nomination favor- nominations that will remain on the since. We must bring an end to these ably. However, some in committee Executive Calendar tomorrow, 24 of needless delays in the Senate so that raised concerns about Ms. Nathan’s them were reported with unanimous we can ease the burden on our Federal qualifications, citing her rating by a support of every single Democrat and courts so that they can better serve the minority of the ABA’s Standing Com- every single Republican serving on the American people. mittee on the Federal Judiciary as Judiciary Committee. All of them have More than half of all Americans—al- ‘‘not qualified.’’ I note that a majority the support of their home State Sen- most 170 million—live in districts or of the ABA Standing Committee rated ators, including 13 who have the sup- circuits that have a judicial vacancy her ‘‘qualified’’ to serve. I also note port of Republican home State Sen- that could be filled today if Senate Re- that Ms. Nathan’s ABA rating is equal ators. publicans just agreed to vote on those to or better than the rating received by I have served in the Senate for years, nominations that were reported favor- 33 percent of President Bush’s con- with both Republican leadership and ably by Republicans and Democrats on firmed judicial nominees, who were

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.022 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6486 CONGRESSIONAL RECORD — SENATE October 13, 2011 supported by nearly every Republican Judge, and her experience litigating presidency. We remain ahead of the Senator. Her rating is better than the bench trials and jury trials. The ABA pace set forth in the 108th Congress. We four of President Bush’s nominees who Standing Committee on the Federal have already held hearings for over 84 were confirmed despite a ‘‘not quali- Judiciary unanimously rated Judge percent of President Obama’s judicial fied’’ rating by the majority of the Hickey ‘‘qualified’’ to serve on the Fed- nominees this Congress, while at this ABA’s Standing Committee, including eral bench. I hope that she will be con- point in the 108th Congress, only 77 per- two nominees to the Eastern District firmed with bipartisan support. cent of President Bush’s judicial nomi- of Kentucky, David L. Bunning and The Senate today will also finally nees had their hearing. Gregory F. Van Tatenhove, who were consider the nomination of Katherine This morning, the Judiciary Com- supported by the Republican leader. Forrest to fill another vacancy on the mittee reported five more nominees to The Senate deferred to the rec- Southern District of New York. Cur- the Senate floor, totaling over 77 per- ommendations of the home State Sen- rently a Deputy Assistant Attorney cent of President Obama’s judicial ators in considering President Bush’s General in the Antitrust Division of nominees receiving favorable votes out nominations and confirmed nominees the Department of Justice, she pre- of committee. That is compared to from Alabama, Utah, Arizona and viously spent over 20 years as a liti- only 72 percent of President Bush’s ju- Oklahoma, among other States, who gator in private practice at the law dicial nominees receiving favorable had received a partial rating of ‘‘not firm Cravath, Swaine & Moore in New outcomes at this point in the 108th qualified.’’ York City, where she was named one of Congress. This indicates the bipartisan There is no question that the Senate America’s Top 50 litigators under the effort taking place to move consensus should confirm Ms. Nathan. As her re- age of 45. The ABA Standing Com- nominees forward, despite what we sume shows, she is an accomplished mittee on the Federal Judiciary unani- hear from the other side about obstruc- nominee with significant experience in mously rated Ms. Forrest ‘‘well quali- tion and delay. private practice, academia and govern- fied’’ to serve, its highest possible rat- The advice and consent function of ment service. Twenty-seven former Su- ing. The Judiciary Committee favor- the Senate is a critical step in the preme Court clerks have written to the ably reported Ms. Forrest’s nomination process. In the Federalist Papers No. Judiciary Committee in support of her without dissent three months ago. 76, Alexander Hamilton wrote: qualifications, including clerks who In the weeks ahead, I hope that we To what purpose then require the co-oper- continue to consider more of the 27 ju- ation of the Senate? I answer, that the ne- worked for the conservative Justices. cessity of their concurrence would have a They write: dicial nominees, nearly all of whom are powerful, though, in general, a silent oper- Although we hold a wide range of political the kind of consensus nominees we ation. It would be an excellent check upon a and jurisprudential views, all of us believe could consider within days. We have an spirit of favoritism in the President, and Ns. Nathan has the ability, character, and enormous amount of ground to recover. would tend greatly to prevent the appoint- temperament to be an excellent Federal dis- At this point in George W. Bush’s pres- ment of unfit characters from State preju- trict court judge. We recommend her for this idency, the Senate had confirmed 162 of dice, from family connection, from personal position without hesitation and without res- his nominees for the Federal circuit attachment, or from a view to popularity. ervation. and district courts, including 100 dur- In other words, the Senate has a role I support Ms. Nathan’s nomination ing the 17 months that I was chairman in preventing the appointment of without reservation, and hope that of the Judiciary Committee during his judges who are simply political favor- Senators from both sides of the aisle first term. By this date in President ites of the President, or of those who will join me in supporting this worthy Clinton’s first term, the Senate had are not qualified to serve as Federal nominee. confirmed 163 of his nominations to cir- judges. The Senate will also vote today to cuit and district courts. In stark con- Also, let me remind my colleagues of confirm the nomination of Judge Susan trast, after today’s vote, the Senate what then-Senator Obama stated about Hickey to the Western District of Ar- will have confirmed only 108 of Presi- this duty 6 years ago in connection kansas. Judge Hickey has the bipar- dent Obama’s nominees to Federal cir- with the attempted filibuster of Janice tisan support of her home State Sen- cuit and district courts. As a result, Rogers Brown. Our President, then ators, Democratic Senator MARK vacancies are twice as high as they Senator, said: PRYOR and Republican Senator JOHN were at this point in President Bush’s Now, the test for a qualified judicial nomi- BOOZMAN, both of whom have praised first term when the Senate was expedi- nee is not simply whether they are intel- her background and qualifications in ligent. Some of us who attended law school tiously voting on consensus judicial or were in business know that there are a lot introducing her to the Committee. A nominations. In the next year, we need majority of Republicans joined every of real smart people out there whom you to confirm nearly 100 more of President would not put in charge of stuff. The test of Democratic Senator on the Judiciary Obama’s circuit and district court whether a judge is qualified to be a judge is Committee in voting to report her nominations to bring the vacancies not their intelligence. It is their judgment. nomination. Yet because she spent a down to match the 205 confirmed dur- A few months later, on January 26, significant part of her career as a law ing President Bush’s first term. 2006, when debating the Alito nomina- clerk and took a hiatus from law prac- We can and must do better to address tion, then-Senator Obama said: tice while on family leave, some have the serious judicial vacancies crisis on There are some who believe that the Presi- questioned whether she is qualified to Federal courts around the country that dent, having won the election, should have serve on the Federal bench. In my has persisted for over 2 years. We can the complete authority to appoint his nomi- view, and the view of her home State and must do better for the nearly 170 nee, and the Senate should only examine Senators—one Democratic and one Re- million Americans being made to suffer whether or not the Justice is intellectually publican—those concerns are mis- by these unnecessary delays. capable and an all-around nice guy. That placed. Again, I apologize for my voice, I once you get beyond intellect and personal character, there should be no further ques- Currently a State court judge serving thank the ranking member for his help, in the Thirteenth Judicial Circuit in tion whether the judge should be confirmed. and I yield the floor. I disagree with this view. I believe firmly Arkansas, Judge Hickey was previously The PRESIDING OFFICER. The Sen- that the Constitution calls for the Senate to a career law clerk for the Honorable ator from Iowa is recognized. advise and consent. I believe that it calls for Judge Barnes, whom she is nominated Mr. GRASSLEY. Mr. President, meaningful advice and consent that includes to replace. During her confirmation today we continue in our cooperation an examination of a judge’s philosophy, ide- hearing, Judge Hickey testified about with the majority as we vote on three ology, and record. the experience she gained as a career more judicial nominees. With a con- You can see some differences between law clerk to Judge Barnes, saying that firmation earlier this week, and six ju- what Senator Obama said on a couple she ‘‘[took] part in all matters that dicial confirmations last week, I want of different occasions on the Senate were before the court from the time to note the progress we have made. floor and also how there is some dis- that the case was filed till the final dis- After today’s votes, we will have con- agreement with what Alexander Ham- position.’’ She testified about the cases firmed 68 percent of President Obama’s ilton said in the Federalist Papers No. she has managed as a State Court judicial nominees submitted during his 76.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.023 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6487 Our inquiry of the qualifications of states she served as associate counsel cuit Court of Appeals from 2000 to 2001. nominees must be more than intel- on approximately six trial court litiga- From 2001 to 2002, Ms. Nathan clerked ligence, a pleasant personality, or a tion matters. Most of the significant for Justice John Paul Stevens of the prestigious clerkship. At the beginning litigation she lists is from her current Supreme Court of the United States. of this Congress, I articulated my position in the New York Solicitor Ms. Nathan entered private practice standards for judicial nominees. I want General’s Office. with Wilmer, Cutler, Pickering Hale & to ensure that the men and women who In addition, I am concerned about her Don LLP, serving as an Associate in are appointed to a lifetime position in views on second amendment rights, on the Washington, DC, office as well as the Federal judiciary are qualified to the death penalty, on the use of foreign the New York office. She practiced serve. Factors I consider important in- law, and her remarks regarding the within the Litigation Group, the Su- clude intellectual ability, respect for Bush administration’s war on terror. preme Court and Appellate Litigation the Constitution, fidelity to the law, Judge Hickey has served as a State Group, and the Regulatory and Govern- personal integrity, appropriate judicial court judge for about 1 year. Her ques- ment Affairs Group. temperament, and professional com- tionnaire indicates she has presided From 2006 to 2008, Ms. Nathan worked petence. over two criminal bench trials—a as a visiting assistant professor of law In applying these standards, I have speeding-DWI case and a second speed- at Fordham University School of Law. demonstrated good faith in ensuring ing case. Prior to that, she spent about In this role she taught civil and crimi- fair consideration of judicial nominees. 7 years as a senior law clerk in the nal procedure and constitutional law. I have worked with the majority to Western District of Arkansas. Early in From 2008 to 2009, Ms. Nathan also confirm consensus nominees. However, her career, from 1981 to 1984, she was a served as the Fritz Alexander fellow at as I have stated more than once, the staff attorney with Murphy Oil Com- New York University School of Law, Senate must not place quantity con- pany. Altogether, I am not sure we can engaged in legal research. firmed over quality confirmed. These get to 12 years of legal-judicial experi- In 2009, Ms. Nathan secured a posi- lifetime appointments are too impor- ence—the minimum the American Bar tion with the White House Counsel’s tant to the Federal judiciary and the Association committee says a nominee Office. As an associate White House American people to simply rubber to the courts should have. Further- counsel and Special Assistant to the stamp them. more, Judge Hickey has no litigation President, Ms. Nathan reviewed legisla- Although we have had a long run of experience. She has tried no cases. tion, analyzed and advised staff on confirming consensus nominees, two of I want to be very clear here—I am legal issues, and assisted in the prepa- the nominees on which we are about to not denigrating the career choices of ration of judicial and executive branch vote come with some reservations. Ms. these nominees, nor am I arguing that nominees for confirmation hearings. Nathan and Judge Hickey both have the experience they have is unrelated In July 2010, Ms. Nathan returned to had limited experience in the court- to service as a Federal judge. What I New York and began to work as a Spe- room. They have failed to meet even am saying is they do not have enough cial Assistant to the Solicitor General the minimum qualifications that the experience, and this is not the place for of New York. A majority of the ABA ABA says it uses in the rating process. on-the-job training. Standing Committee on the Federal The guidelines of the Standing Com- Let me say a bit more about the Judiciary rated Ms. Nathan as ‘‘Quali- mittee of the ABA provide: background of the nominees we are fied.’’ A minority rated her as ‘‘Not . . . a prospective nominee to the Federal considering today. Qualified.’’ bench ordinarily should have at least 12 Two nominees have been nominated And finally, Susan Owens Hickey, years experience in the practice of law. to serve as United States District who is nominated to be a United States They further state: Judge for the Southern District of New District Judge for the Western District Substantial courtroom and trial experi- York—Katherine B. Forrest and Alison of Arkansas. Ms. Hickey graduated ence as a lawyer or trial judge are impor- J. Nathan. from the University of Arkansas tant. Since graduating from New York School of Law in 1981. In April of that I want to emphasize the American University School of Law in 1990, Ms. year, she worked for the law firm of Bar Association 12-year standard is not Forrest has spent the vast majority of Brown, Compton & Prewett, where she an absolute. However, it is a bench- her legal career as an attorney at worked on the pretrial preparation and mark that we can use to evaluate the Cravath, Swayne, & Moore. She served trial of a personal injury case that the experiences of various nominees. As I as an associate at the firm from 1990 to firm was defending. From 1981 to 1984, have said in the past, being appointed a 1997 and a partner from 1998 to 2010. Ms. Hickey worked as a staff attorney Federal district judge should be a cap- While at Cravath, Swayne, & Moore, for the Murphy Oil Corporation. In stone of an illustrious career. Federal Ms. Forrest was a generalist litigator that role, she worked primarily on judges should have significant court- who practiced in the areas of antitrust, issues involving natural gas, securities room and trial experience as a litigator intellectual property, contracts, em- and corporate law. or a judge. I would note that last week ployment law, accounting fraud, and From 1984 to 2003, Ms. Hickey was not at our hearing, Justice Scalia ex- securities litigation. employed or actively engaged in the pressed concern about the decline in In addition, Ms. Forrest was involved practice of law, with the exception of the quality of Federal judges. in the management of the firm, serving serving as a temporary law clerk. Dur- With regard to the two non-con- on the Partner Review Committee. She ing the summer of 1997 and during the sensus nominations before us today, I also ran the firm’s Continuing Legal summer of 1998 Ms. Hickey served as a voted to advance them out of the Judi- Education Program from 1998 to 2005. temporary law clerk for the Honorable ciary Committee so the full Senate Ms. Forrest has been a deputy assist- Harry F. Barnes, United States District could evaluate their qualifications. ant attorney general in the Depart- Judge for the Western District of Ar- However, both of these nominees re- ment of Justice’s antitrust division kansas. ceived votes in opposition in our com- since 2010. She is involved in most Ms. Hickey returned to work for that mittee. After they were reported, we major matters the division handles, in- same judge in 2003, serving as a senior had our second opportunity to examine cluding litigation planning and execu- career law clerk, and she stayed in that their records, and unfortunately I am tion, appellate litigation, and inter- position until 2010. unable to support them on the floor. national cooperation. She has a unani- In September 2010, Ms. Hickey was I am, however, pleased to support the mous rating of ‘‘Well Qualified’’ by the appointed circuit judge for the Thir- nomination of Katherine B. Forrest to ABA Standing Committee on the Fed- teenth Judicial Circuit of Arkansas. be United States District Judge for the eral Judiciary. Ms. Hickey received a unanimous Southern District of New York. Ms. Nathan graduated with a B.A. ‘‘Qualified’’ rating from the ABA In Ms. Nathan’s case, she graduated from Cornell University in 1994 and Standing Committee on the Federal from law school only 11 years ago, and with a J.D. from Cornell Law School in Judiciary. has been admitted to the practice of 2000. Upon graduation, she clerked for Mr. GRASSLEY. Mr. President, I law for only 8 years. Her questionnaire Judge Betty Fletcher of the Ninth Cir- suggest the absence of a quorum.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.024 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6488 CONGRESSIONAL RECORD — SENATE October 13, 2011 The PRESIDING OFFICER. The to any custodial interrogation conducted in- combatant, but terrorists arrested in clerk will call the roll. side the United States. the United States have always been The legislative clerk proceeded to In fact, under the Bush administra- held under our criminal laws. call the roll. tion, they adopted new policies for the Here is what Attorney General Hold- The PRESIDING OFFICER. The Sen- FBI that say that ‘‘within the United er said: ator from Illinois. States, Miranda warnings are required Since the September 11, 2011 attacks, the Mr. DURBIN. Mr. President, I ask to be given prior to custodial inter- practice of the U.S. government, followed by unanimous consent to speak as if in views.’’ prior and current administrations without a morning business. Let’s take one example from the single exception, has been to arrest and de- The PRESIDING OFFICER. Without Bush administration: Richard Reid, tain under Federal criminal law all terrorist objection, it is so ordered. also known as the Shoe Bomber. Reid suspects who are apprehended inside the United States. TERRORIST PROSECUTION tried to detonate an explosive in his Mr. DURBIN. Mr. President, my Re- shoe on a flight from Paris to Miami in Many of my Republican colleagues publican colleagues have frequently December 2001. This was very similar also argue that terrorists such as Umar come to the Senate floor to criticize to the attempted attack by Abdulmutallab should be tried in mili- President Obama for his handling of Abdulmutallab, another foreign ter- tary commissions because Federal terrorism cases. They have argued reg- rorist who also tried to detonate a courts are not well-suited to pros- ularly and consistently that terrorism bomb on a plane. So how does the Bush ecuting terrorists. suspects should never be interrogated administration’s handling of the Shoe That argument is simply wrong. by the FBI and should not be pros- Bomber compare with the Obama ad- Look at the facts. Since 9/11, more than ecuted in America’s criminal courts ministration’s handling of the Under- 200 terrorists have been successfully but, instead, they argue, they should wear Bomber? The Bush administra- prosecuted and convicted in our Fed- only be held in military detention and tion detained and charged Richard Reid eral courts. Here are just a few of the prosecuted in military commissions. as a criminal. They gave Reid a Mi- terrorists who have been convicted in Today, I have noticed no one on the randa warning within 5 minutes of Federal courts and are serving long Republican side has come to the Senate being removed from the airplane, and prison sentences: Ramzi Yousef, the floor to make those arguments. Why they reminded him of his Miranda mastermind of the 1993 World Trade not? It may be because yesterday Umar rights four times within the first 48 Center bombing; Omar Abdel Rahman, Farouk Abdulmutallab pled guilty in hours he was detained. the so-called Blind Sheik; the 20th 9/11 Federal court to trying to explode a Later, Abdulmutallab began talking hijacker, Zacarias Moussaoui; Richard bomb in his underwear on a flight to again to FBI interrogators and pro- Reid, the Shoe Bomber; Ted Kaczynski, Detroit on Christmas Day 2009. Mr. viding valuable intelligence. FBI Direc- the Unabomber; Terry Nichols, the Abdulmutallab, who will be sentenced tor Robert Mueller, for whom I have Oklahoma City coconspirator; and now in January, is expected to serve a life the highest respect, described it this Abdul Abdulmutallab. Compare this sentence. way: with the track record of military com- I commend the men and women at Over a period of time, we have been suc- missions. Since 9/11, only 4 individuals the Justice Department and the FBI cessful in obtaining intelligence, not just on have been convicted by military com- for their work on this case. America is day one, but on day two, day three, day four, missions—more than 200 in the courts, a safer country today thanks to them. and day five, down the road. 4 in military commissions—and 2 of My colleagues on the other side were Now, how did that happen? How did those individuals spent less than 1 year very critical of the FBI’s decision to the FBI get even more information in prison, having been found guilty by give Miranda warnings to from the suspect after they gave the a military commission, and are now Abdulmutallab. Let me quote Senator Miranda warning? The Obama adminis- living freely in their home countries of MCCONNELL, the minority leader. This tration convinced Abdulmutallab’s Australia and Yemen. is what he said on the floor of the Sen- family to come to the United States, GEN Colin Powell, the former head of ate: and his family persuaded him to start the Joint Chiefs of Staff and Secretary He was given a 50-minute interrogation. talking to the FBI. That is a very dif- of State under President Bush, sup- He was referring to Abdulmutallab. ferent approach than we have heard in ports prosecuting terrorists in Federal The Senator went on to say: previous administrations. Sometimes courts. Here is what he said about mili- Probably Larry King has interrogated peo- when a detainee refused to talk, in the tary commissions. This is from General ple longer and better than that. After which Bush administration, in some isolated Powell: he was assigned a lawyer who told him to cases, there were extreme techniques The suggestion that somehow a military shut up. used to try to get information from commission is the way to go isn’t borne out That is an interesting statement, but him, such as waterboarding. But real by the history of the military commissions. here are the facts. Experienced coun- life isn’t the TV show ‘‘24.’’ On TV, Many military commissions, when it terterrorism agents from the FBI in- when Jack Bauer tortures somebody, comes to terrorism cases, are an terrogated Abdulmutallab when he ar- the suspect immediately admits every- unproven venue, unlike Federal courts. rived in Detroit. According to the Jus- thing he knows. Here is what we Former Bush administration Justice tice Department, during this initial in- learned during the previous adminis- Department officials James Comey and terrogation, the FBI ‘‘obtained intel- tration: In real life, when people are Jack Goldsmith also support pros- ligence that proved useful in the fight tortured, they lie. They will lie and say ecuting terrorists in Federal court. against al Quida.’’ After this initial in- anything to make the pain stop. Often- Here is what they said: terrogation, Abdulmutallab refused to times they provide false information, There is great uncertainty about the com- cooperate further with the FBI. Only not valuable intelligence. missions’ validity. This uncertainty has led then, after Abdulmutallab stopped Richard Clarke was the senior coun- to many legal challenges that will continue talking, did the FBI give him a Mi- terterrorism adviser to President Clin- indefinitely. . . . By contrast, there is no randa warning. ton and President George W. Bush. question about the legitimacy of U.S. Fed- eral courts to incapacitate terrorists. What the FBI did in this case was Here is what he said about the Obama nothing new. During the Bush adminis- administration’s approach: I say to my colleagues, after a steady tration, the FBI consistently gave Mi- The FBI is good at getting people to talk. parade of speeches on this Senate floor randa warnings to terrorists detained They have been much more successful than by the Senate Republican leader and in the United States. the previous attempts of torturing people others about how we cannot trust our Here is what Attorney General Hold- and trying to convince them to give informa- Federal court system to prosecute ter- er said: tion that way. rorists, how we should take care to Across many administrations, both before Many of my colleagues on the other never let the FBI do this important and after 9/11, the consistent, well-known, side of the aisle argue that job, the facts speak otherwise. lawful, and publicly-stated policy of the FBI Abdulmutallab should have been held In Detroit, in the Federal court, we has been to provide Miranda warnings prior in military detention as an enemy should give credit where it is due. The

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.026 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6489 FBI did its job. Our courts did their out of work, it is high time that both to create an incentive for them to hire job. The Department of Justice pros- political parties find a way to develop the unemployed, starting with our re- ecutors did their job. Abdulmutallab a plan to move this country forward turning veterans. It is an embarrass- pled guilty. He pled guilty because the and to create jobs. ment to think these men and women evidence was overwhelmingly against When the President spoke to Con- went overseas and risked their lives him. He was convicted openly in the gress a little over 4 years ago, he laid fighting an enemy and now have to courts of America, which is an impor- out at least the foundation of a plan come home and fight for a job. We tant message to send to the rest of the and later provided the details. But ought to be standing by them, helping world, and he will pay a heavy price— time and again, President Obama has them to get to work, and that is one of a life sentence—for his terrible at- said to the Republican leadership: I am the elements in the President’s bill tempt to down an aircraft in the open to your ideas. Bring them for- that was also defeated by the Repub- United States. That prosecution and ward. Let’s put them in a combined ef- lican filibuster on Tuesday night. that confession were obtained in our fort to make America a stronger na- The President went on to say we court system. tion and to find our way out of this re- ought to be investing our money in To argue that military commissions cession. America. If we put people to work, let’s are the only way to go and that using Unfortunately, we have not heard build something that has long-term the FBI and Department of Justice and suggestions from the other side. We value. One of those he suggested was our article III courts as a venue for ter- had an important vote Tuesday night. school modernization. I visited some rorism is wrong is not proven by the Sadly, the Republican filibuster pre- schools around my State, and I am sure facts, the evidence, or the most recent vailed. Republicans, because they did in the State of Colorado and other information coming forward. I would not want to move the President’s bill places there are plenty of school dis- hope some of my colleagues who are to consideration on the floor of the tricts struggling because the tax base now holding up the Defense authoriza- Senate, voted—every single one of has been eroded by declining real es- tion bill on this issue will at least be them—against President Obama’s ef- tate values and these districts need a hesitant to argue their case now that forts to put America back to work. I do helping hand. When I went to Martin the Abdulmutallab prosecution has not think that is going to be a position Grove and visited a middle school been successfully completed. Over 200 which is easily defended back home. there, I found great teachers doing the terrorists have been successfully pros- Whether one agrees or disagrees with best they could in classrooms where ecuted in America’s courts. President Obama, the American people the tiles were falling from the ceiling My message to them and I think the expect Democrats and Republicans to and where the boiler room should be la- message of America to every President enter a dialog to help this country. We beled an antique shop because it was a is, you use the court, you use the agen- have to give on the Democratic side, 50- or 60-year-old operation that was cy you think will be most effective in and they should be prepared to give on kept together with $150,000 of repairs protecting America. Congress should the Republican side, and let’s try to each year. We ought to buy new equip- not tie the hands of any President find some common ground. There are ment and install it in American when it comes to this important pros- too many instances where we fight to a schools so they can serve us for many ecution. This success that we have seen face-off and then leave. years to come. in Detroit is evidence that if we give to The suggestion that yesterday’s ef- The same holds true in investing in a President—whether it is a Republican forts to pass three free-trade agree- our infrastructure, whether it is high- or Democratic President—the tools to ments with South Korea, Panama, and ways, bridges or airports. Make no mis- prosecute those accused of terrorism, Colombia are going to turn the econ- take, our competitors around the world the President can use them wisely, omy around, I am not sure of being are building their infrastructure to sometimes in military commissions close to accurate. I supported two of beat the United States, and those who but more often in our court system, an those trade agreements, and I think want us to retreat in this battle are open system that says to the world we they will help create jobs and business going to be saddened by the con- can bring the suspected terrorist to opportunities in America in the longer sequences if they have their way. justice and do it in a fashion consistent run but in the near term not likely so. President Obama said invest this with American values. What we need to do is to work on money in putting Americans to work I hope all of my colleagues, Demo- what has been proven to be successful to build our infrastructure, rebuild our crats and Republicans, will join me in to move this economy forward. Let’s schools, build our neighborhoods in a commending the Justice Department start with the basics. Working families way that serves us for years to come. and FBI for their success in bringing struggle from paycheck to paycheck. The President is also sensitive to the Abdulmutallab to justice, and I sin- Many families do not have enough fact that in many parts of America, in- cerely hope this case will cause some money to get by. They are using food cluding Illinois, there are school dis- Members of the body to reconsider pantries and other help to survive in tricts and towns that have had to lay their opposition to handling terrorism this very tough economy. So President off teachers and firefighters and police- in the criminal justice system. Obama said the first thing we need to men. It doesn’t make us any safer, and I yield the floor and suggest the ab- do is to give a payroll tax cut to work- it doesn’t make our schools any more sence of a quorum. ing families so they have more money effective. Part of the President’s jobs The PRESIDING OFFICER. The to meet their needs. What it boils down package is to make sure, for those clerk will call the roll. to in Illinois, where the average in- teachers as well as policemen and fire- The legislative clerk proceeded to come is about $53,000 a year, is the fighters, at least some of their jobs will call the roll. equivalent of about $1,600 a year in tax be saved. In Illinois, over 14,000 of those Mr. DURBIN. Mr. President, I ask cuts for working families. That is jobs will be saved by the President’s unanimous consent the order for the about $130 a month, which many Sen- bill. quorum call be rescinded. ators may not notice but people who What really brings this bill to a The PRESIDING OFFICER. Without are struggling to fill the gas tank and screeching halt in the debate is the objection, it is so ordered. put the kids in school can use $130 a fact the President said we should pay Mr. DURBIN. I ask unanimous con- month. for this. Let’s come up with the money sent to speak as in morning business. The President thinks that is an im- that is going to pay for the things I The PRESIDING OFFICER. Without portant part of getting America back just described. And his proposal is a objection, it is so ordered. on its feet and back to work, and I sup- simple one. It says those who make THE ECONOMY port it. That was one of the elements over $1 million a year will pay a surtax Mr. DURBIN. Mr. President, the that was stopped by the Republican fil- of 5.6 percent—over $1 million a year in events of this week are an indication ibuster on Tuesday night. income. That is over $20,000 a week in that much needs to be done in Wash- The second proposal of the President income. These folks would pay a 5.6- ington to deal with the state of our is that we give tax breaks to busi- percent surtax, and that surtax would economy. With 14 million Americans nesses, particularly small businesses, pay for the jobs bill.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.027 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6490 CONGRESSIONAL RECORD — SENATE October 13, 2011 If the jobs bill works, and I believe it we put aside the campaign consider- think they should not do that. They will, I guarantee a thriving American ations and focus on the economy, I are right, but just because people are economy will be to the benefit of those think we can get a lot done. I trust upset about it and get angry about it same wealthy people. So asking them that there are some on the other side doesn’t mean it is not a deep, legiti- to sacrifice a little in this surtax is not of the aisle who feel the same way. I mate concern and can be a disquali- too much to ask. hope they will break from their leader- fying factor as to whether a person Unfortunately, although some 59 per- ship on their filibuster and join us in should be on the bench. What law do cent of Republicans support this mil- this effort. they follow? The U.S. law or foreign lionaires’ surtax, not one of them I yield the floor and suggest the ab- law? serves in the Senate. We need to have sence of a quorum. In a book chapter published less than a bipartisan effort to make sure this is The PRESIDING OFFICER (Mr. 2 years ago, Ms. Nathan suggested that paid for in a reasonable way. The alter- BLUMENTHAL). The clerk will call the the cases leading up to the Supreme native we have heard from the other roll. Court case of Roper v. Simmons, which side that mounted this filibuster The legislative clerk proceeded to was a death penalty case, showed legal against President Obama’s jobs bill is, call the roll. progress. In Roper the Court held it is we ought to return to the old way of Mr. SESSIONS. I ask unanimous con- unconstitutional to impose a death doing things: tax cuts for wealthy peo- sent that the order for the quorum call penalty even for the most heinous ple—not new burdens but tax cuts for be rescinded. crime if the defendant is under the age wealthy people. The PRESIDING OFFICER. Without of 18 years. They argue the people who make objection, it is so ordered. As a matter of policy, I am not sure over $1 million a year are the job cre- Mr. SESSIONS. Mr. President, I wish we should be executing people under 18, ators. That is a phrase they use, ‘‘job to speak for a few moments on the although a lot of people think that cer- creators.’’ A survey came out yester- nomination of Alison Nathan to be the tain crimes are so bad they ought to be day from the Government Account- United States District Court Judge for executed. We can disagree. That is a ability Office, and what it said was 1 the Southern District of New York. political decision. The question is, does percent of those making over $1 mil- This is a highly important position. It the Constitution prohibit that? I sug- lion a year actually own small busi- is one of the more prestigious courts in gest it does not. But if it does, it ought nesses. Most of them are investors. Al- the country that handles the Nation’s to be interpreted in light of its own though there is, I am sure, a worthy most complex cases. It is my observa- words and the laws of the United calling in being an investor, they are tion, having practiced for over 15 years States, its own import of the Constitu- not the job creators they are described full time trying cases before Federal tion of the United States. Ms. Nathan to be. judges, that this position is of extreme seemed to commend the decision, how- So I say to my friends on the other importance and you need good judg- ever, on a different basis in her chap- side of the aisle, this notion of pro- ment, good experience, good integrity, ter. She commended it for ‘‘elaborating tecting those making over $1 million a proven stability before you give a per- upon relevant international and for- year at the expense of a jobs program son a lifetime appointment to such a eign law sources and defending the rel- to move America forward is backwards. position. It is an important matter. evance of the Court’s consideration of We have to come together, and I hope I overwhelmingly vote for the nomi- those sources.’’ we can start as early as next week. We nees of the President. I believe in giv- When describing Justice Kennedy’s have to find provisions in this jobs bill ing the President deference in those change of opinion on the issue—he re- we can agree on. nominations. However, I do believe we versed himself—she said it was ‘‘a I hope the Republicans would agree need to hold Presidents accountable change that can be attributed to the we should modernize our schools and and to scrutinize the nominations in a international human rights advocacy build our infrastructure in this coun- fair way and not hesitate to push back and scholarship that had taken place try. I hope they agree we should not and say no if a nominee does not meet outside the courtroom walls.’’ shortchange our schools and our com- those requirements that are necessary She also praised the Roper attorneys munities when they need teachers and to be a good judge. for their ‘‘strategic and savvy reference policemen and firefighters. I hope they I believe Ms. Nathan is one of a num- to international norms in litigating would agree that it is a national pri- ber of President Obama’s nominees who the case.’’ ority to put our returning veterans to believes that American judges should She asserted that the strategy’s ‘‘ef- work. I certainly think that should be look to foreign law in deciding cases. fectiveness holds promise and lessons a bipartisan issue. She has other indications that suggest for future advancement of inter- But the filibuster this week that she is not committed in a deep and un- national law.’’ stopped the President’s jobs bill has derstanding way to the oath Federal She went further and suggested the stopped the discussion. The trade bills judges take. That oath is that you reason the Supreme Court does not yesterday will not make up the dif- serve under the Constitution and under look to foreign law more often is be- ference. We have to focus on putting the laws of the United States. That is cause the Justices simply do not under- Americans to work with good-paying so simple and so basic that it goes al- stand international law arguments— jobs right here in our Nation, creating most without saying, but it is a part of she has been practicing law about 10 new consumer demand for goods and the historic oath judges take. I believe years, or 9 at the time she wrote this, services which will help businesses at that oath and commitment to serving so she knows more about the issues re- every single level. The President has under the U.S. Constitution, under the lated to international law than the put his proposal forward and has chal- U.S. laws, is critical to the entire foun- Justices who have been on the bench lenged our friends on the other side of dation of the American rule of law. It for decades, many of them constitu- the aisle to step up and put their pro- is so magnificent. We have the greatest tional professors—rather than dem- posals forward. legal system in the world. By and large onstrating a knowledge that the judge My suspicion is that most people in our Federal judges are excellent and it must serve under the U.S. Constitution America would be delighted to see a is a strength both for liberty and civil and U.S. law and recognizing that for- breakthrough in Washington, DC, rights and economic prosperity that we eign law has no place in deciding what where Democrats and Republicans ac- maintain a judiciary at a high level. our Constitution means. tually sat down at the same table and One of the things that causes me con- She stated: tried to work out a plan to put Amer- cern—there are several, but this one I As these trends [in international law] con- ica back to work. We can do this. In will mention—is her belief that Amer- tinue, surely the Court will increase its un- order to do it we have to give on both ican judges should look to foreign law derstanding and ‘internationalization’ of sides. We have to forget about the elec- in deciding cases. This is not a little international human rights law arguments. tion that is going to occur in November bitty matter. It is a matter of real na- She then concluded: 2012 and focus on the state of America’s tional import. It offends people. Some The presence of the Chinese judicial dele- economy right now in October 2011. If people, nonlawyers, get offended. They gation at the Supreme Court on the day of

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.028 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6491 the Roper arguments wonderfully symbolized It is very hard for me to believe I legal testing ground, in which people the rich dialogue between international and should vote to confirm a nominee who can prove their judgment integrity constitutional norms. is not committed to following our law, over time. It also provides a maturing So what she is calling for there is a who believes they have a right to scru- experience, where a person learns the dialog, presumably between inter- tinize the world, find some law in some import of decisions in how cases turn national law and constitutional other country and bring it home and out and how it impacts their clients. norms—pretty plain in her writing— use that law so they can achieve a re- Let me just say that seasoned law- not just an off-the-cuff comment but in sult they wanted in the case. yers develop reputations. When we a serious book expressing her philos- There are a number of other concerns have seen them in court many times ophy and approach to law. I have with Ms. Nathan’s record, not and they have had experience there, I am troubled by that. I believe the least of which are her views on an people know if they have good judg- judges have to be bound by the law and individual’s right to bear arms. We ment. People know if they are solid. the Constitution. They are not free to have a constitutional amendment on We know they are men and women of impose their view. Justice Scalia and the right to keep and bear arms. The integrity. They have that opportunity others have criticized—devastated— right to keep and bear arms should not to establish a reputation. Both the this international law argument. In my be abridged. That is an odd thing, com- view, the debate that has gone forward short period of time that Ms. Nathan pared to France or Germany or Red has spent actually practicing law and in circles including the academy and China. But it is our law and we expect law schools has clearly been a victory some of the troubling positions she has judges to follow it whether they like it taken over the years justifiably raise for the people who understand it is our or not. That is what our Constitution Constitution that governs. We didn’t serious questions about her under- says. standing of the role of a judge in our adopt the laws of China, if they were Suffice it to say, I believe her record ever enforced, which they are not ex- system. evidences an activist viewpoint. Per- Finally, I would note that Concerned cept by the government when it suits haps if she had more legal experience, them. We didn’t adopt laws in France. Women For America, the Family Re- she would have a better understanding search Council, and the Judicial Action We didn’t adopt laws in Italy or Brazil of the role of a judge. She only just be- or Yugoslavia. That is not what binds Group oppose this nomination. In a let- came a lawyer in 2000—11 years ago— ter sent to all Senators today, Con- us. That is not what judges serve and has had limited time in a court- under. They serve under our law. cerned Women For America noted that room. Ms. Nathan’s: I think it is a dangerous philosophy. Evidently, the American Bar Asso- It strikes at the heart of what the ciation recognizes this. The ABA gives . . . biases are so ingrained and so much the Anglo-American rule of law is all ratings to judges, and a minority of the main thrust of her career that it is not ra- about—that law is adopted by the peo- tional to believe that she will suddenly members of that committee—not the ple of the United States and that is the change once confirmed as a judge. Rather it majority but a minority—rate her ‘‘not law judges must enforce—laws passed is reasonable to conclude she would use her qualified.’’ Frankly, they are a pretty by the people of the United States. position to implement her own political ide- Reliance on foreign law, I believe, liberal group, so I don’t know if it is so ology. has been shown to be nothing more much her views on some of these I have reached the view that the than a tool that activist judges who issues, but probably an actual evalua- facts as I have noted—her open defense seek to reach outcomes they desire uti- tion of the kind of experience and of the idea that judges can use sources lize. It is a way to get out from under background she brings and whether she other than our law to decide cases and the meaning of U.S. law. Why else would be qualified to sit on an impor- her lack of experience and proven would one cite it? If they cannot find a tant Federal district court—the South- record of good judgment and legal basis for their decisions in American ern District of New York, one of the skill, the fact that a minority of the law and legal tradition, they look to premier trial benches in the world, and ABA Standing Committee on the Fed- the laws and norms of foreign countries even in America—and I think it is a eral Judiciary found her not qualified to justify their decisions. As Justice matter we should consider. to serve on the bench, justifies a vote Scalia aptly described it—and he has This is a very serious shortcoming in opposition to this nomination. I will hammered this theory—courts employ- for a number of reasons. Litigating in not block the nomination. We will have ing foreign law, including his own court is valuable experience. It pro- an up-or-down vote. But I do think in court—the U.S. Supreme Court—are vides insights to someone who would be my best judgment—and that is all I merely ‘‘look[ing] over the heads of the a judge. It helps make them a better have, my best judgment—after review- crowd and pick[ing] out its friends.’’ judge if they have had that experience. ing her resume, looking at how thin What did he mean by that? He means It gives them a strong understanding her experience is, and her positions on the law, the foundation principles of that words have meaning and con- a number of issues, indicates to me deciding cases. If they don’t like what sequences. When we see people get that she has the real potential to be an they find in the United States, they prosecuted for perjury or we see mil- activist judge, not faithful to the law. look out over their heads and they find lion-dollar contracts decided this way For that reason, I will vote no. or that way based on the plain meaning somebody in Italy or Spain or China or I yield the floor. wherever, and they say: We need to in- of words, we learn to respect words. The PRESIDING OFFICER. The Sen- terpret our law in light of what they do Some of these people out of law ator from Arkansas. in Germany. How bogus is that as an schools, with their activist philosophy, intellectual legal argument? seem to think a judge has a right to Mr. BOOZMAN. Mr. President, I Judges who engage in this type of ac- allow their empathy and their feelings agree with the Senator from Alabama. tivism violate their judicial oath, I be- to intervene and decide cases based on In Arkansas, it is so important that we lieve. The oath is to serve under our something other than the words of the get good judges nominated and con- Constitution, our laws. It requires contract or the words of the Constitu- firmed, and that is why I rise in sup- judges to evaluate cases in that fash- tion. It is a threat to American law. In- port of Susan Hickey’s nomination as ion—not the laws of other countries. deed, it is what President Obama has U.S. district judge for the Western Dis- Other countries don’t have the same said a number of times. He believes trict of Arkansas. legal heritage we have. They don’t judges should allow their empathy to Judge Hickey’s distinguished career value the same liberties and the same help them decide cases. interests reflect her pursuit to serve fundamental freedoms that are en- What is empathy? It is their personal the interests of justice. As an attorney shrined in our Constitution. The deci- views. Whom do we have empathy for? and now as a circuit judge in my home sions of foreign courts have absolutely It depends on whom one likes before State of Arkansas, she has earned the no bearing on a decision of a judge in a they come on the bench. So they are respect of the Arkansas legal commu- U.S. court, and nominees who disagree deciding cases based on factors other nity and proven she is devoted to ful- with that fundamentally can disqualify than the objective facts of the case. I filling this important role in our judi- themselves from the bench. believe the practice of law is a real cial system.

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.031 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6492 CONGRESSIONAL RECORD — SENATE October 13, 2011 I am confident Judge Hickey’s exten- no doubt she will be impartial as she The PRESIDING OFFICER. Without sive experience with the legal system puts on that Federal district court objection, it is so ordered. will serve her well on the Federal robe. Mr. SCHUMER. Mr. President, I rise bench. Her confirmation will fill the Then, my third criterion, does she to speak today in support of two excel- seat of retired Judge Harry Barnes, have the proper judicial temperament? lent nominees for the bench from the whom she clerked for before her ap- That, obviously, is subjective because Southern District of New York. These pointment as circuit judge in the Thir- that comes down to their personality two women, Alison Nathan and Kath- teenth Judicial District. She also and their style. But we want a Federal erine Forrest, have different back- worked in a private law firm following judge who has great demeanor, who is grounds, but each in her own way rep- her graduation from the University of very good with the law, but also very resents the best the New York bar has Arkansas School of Law and also good with lawyers because, obviously, to offer. served as an in-house counsel for Mur- in a trial court they have a lot of type Katherine Forrest is a young lawyer phy Oil. A personalities in the court, and they but an extraordinarily accomplished Judge Hickey has strong bipartisan have to give the proper appearance to lawyer whose practice has been par- support for good reason: She has estab- the jury. That is critically important ticularly well suited to the needs of lished herself as a dedicated public for a district court judge. So I would litigants in the Southern District. She servant who possesses a strong work say, absolutely, yes, she has the right was born in New York City, received ethic and commitment to a fair and judicial temperament. her BA from Wesleyan University, and impartial legal system. Her experience So I would strongly encourage all of her law degree from NYU Law School, and impartial demeanor and reputation my colleagues to vote favorably for one of the best in the country. She has amongst her peers give me faith that Susan Hickey. Like I said, she has han- spent the majority of her career in pri- Judge Hickey will do a great job as the dled 1,690 total matters in the Federal vate practice at the prestigious, top- U.S. district judge for the Western Dis- courts since she has been a law clerk line firm of Cravath, Swaine & Moore, trict of Arkansas. When she was nomi- there. where she was on the National A List nated for this position, Arkansans from Mr. President, 313 total felony cases of Practitioners. She was named one of all across the State expressed their have been disposed of in her trial court the American Lawyer’s ‘‘Top 50 Litiga- support for her confirmation. in south Arkansas down in El Dorado. tors Under 45.’’ She currently serves as I am honored to recommend that the She has a lot of very solid legal experi- a Deputy Assistant Attorney General Senate confirm Judge Susan Hickey as ence. The bottom line is, she is just a in the Antitrust Division of the De- a U.S. district judge for the Western good person, and people like her and re- partment of Justice, where I know she District of Arkansas. I am confident spect her and they trust her. is very well regarded and has served her experience and judicial tempera- I think when our Founding Fathers with great distinction. I look forward ment make her the right person to put together the Federal judiciary, this to Ms. Forrest’s transition from posi- serve Arkansas as a district judge. was the kind of person they wanted. tion of service to our country to the With that, I yield the floor. She reflects the values and the atti- other. The PRESIDING OFFICER. The Sen- tudes of that part of the State. She is I also rise in support of Alison Na- ator from Arkansas. smart. She is hard working. She is than. I would like to counter some of Mr. PRYOR. Mr. President, I wish to going to be fair. Really, we could not the arguments that have been made thank my colleague for being here ask a whole lot more for any Federal against her on the floor here today. today and expressing his support for judge in any district, and, certainly, Susan Hickey to be a new Federal dis- she is going to do a great job down First, Alison Nathan has tremendous trict court judge in the Western Dis- there. legal experience, albeit that she is trict of Arkansas. She has a strong So I am proud to be joined by my young. She is a gifted young lawyer record in our State. She is exactly friend and colleague from Arkansas to whom New Yorkers would be fortunate what we need in a Federal judge. The support this nomination. If we support to have on the bench, hopefully for a fact that we have both home State her, and if we confirm her today, we long time. Although she is a native of Senators, one Democrat and one Re- will be joining thousands and thou- Philadelphia, she has called New York publican, supportive of the nomination sands of people in south Arkansas who City her home for some time. She grad- begins to speak volumes about the kind have supported her. We have had hun- uated at the top of her class from both of person and the kind of reputation dreds, I know, express support for her Cornell University and Cornell Law Susan Hickey has. in my office. I am certain Senator School, where she was editor-in-chief She has been in both the public sec- BOOZMAN has had many support her in of the Cornell Law Review. She worked tor and private sector. She has worked his office as well. as a litigator for 4 years at the pre- inhouse with an oil company, as Sen- I encourage my colleagues to give her eminent firm of WilmerHale and has ator BOOZMAN said. But she has also very strong consideration. She has also served in two of the three law-clerked for a very solid and well- been rated unanimously ‘‘qualified’’ by branches of government. Ms. Nathan respected Federal judge. the American Bar Association. clerked for Ninth Circuit Court of Ap- She is now a State court judge in Ar- There, again, in that both home peals Judge Betty Fletcher and then kansas at the State trial court level. State Senators support her, the Amer- for Supreme Court Justice John Paul She has handled 313 felony criminal ican Bar Association supports her, the Stevens. Recently, she served with dis- cases since she has been on the bench. Arkansas bar—not the association be- tinction as a Special Assistant to She brings a lot of experience, and she cause they do not do those types of en- President Obama and an Associate is exactly the kind of person we need to dorsements—but every lawyer I have White House Counsel. She is currently be on the Federal bench. talked to who knows Susan Hickey special counsel to the solicitor general When I look at a judge candidate, a thinks she will do an outstanding job, of New York. Now, that is a world of judge nominee, I always have three I would like to ask my colleagues to experience. It is hard to find better ex- sets of criteria: One, are they qualified? vote for her nomination and I appre- perience from somebody being nomi- Certainly, she is. She brings very ciate their consideration. nated to the bench. strong qualifications and experience to With that, Mr. President, I yield the Some of my colleagues have said: this position. floor and suggest the absence of a Well, her rating from the ABA was not Second, can she be fair and impar- quorum. as good and that was based on experi- tial? I think that is something that The PRESIDING OFFICER. The ence. That is what the ABA does. They comes up with Susan Hickey over and clerk will call the roll. claim, these colleagues, that Ms. Na- over and over. From her local bar down The assistant legislative clerk pro- than lacks the experience to be con- in south Arkansas, from the people in ceeded to call the roll. firmed as a judge because only a major- the community, the folks who have Mr. SCHUMER. Mr. President, I ask ity of the ABA rated her qualified, dealt with her, they all say she is an unanimous consent that the order for while a minority rated her not quali- extremely fair person, and they have the quorum call be rescinded. fied.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.032 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6493 However, Ms. Nathan has the same to the extent questions come before them Burr Heller Murkowski qualification ratings as Bush adminis- and that Congress acts as it has in this area. Chambliss Hoeven Paul Coats Hutchison Portman tration judges whom this body con- That is good reason that she is sup- Cochran Inhofe Risch firmed. Specifically, the Senate con- ported by all of the law clerks she Collins Isakson Roberts firmed 33 of President Bush’s nominees served with, including those of Justices Corker Johanns Rubio Cornyn Johnson (WI) with ratings equal to Ms. Nathan, in- Thomas, Scalia, Kennedy, and O’Con- Sessions Crapo Kirk Shelby DeMint Kyl cluding Mark Fuller and Keith Watkins nor. And obviously those Justices are Snowe Enzi Lee of Alabama, Virginia Hopkins of the not Justices who agree with some of Thune Graham McCain Toomey Northern District of Alabama, Paul the other Justices on the Court, but Grassley McConnell Cassell of Utah, Frederick Martone of their law clerks uniformly supported Hatch Moran Wicker Arizona, and David Bury of Arizona. Ali Nathan. NOT VOTING—8 Are we going to have a different stand- So I would urge my colleagues to ard for Ali Nathan than for other support Ali Nathan. She will be an out- Coburn Lieberman Stabenow Hagan Lugar Vitter judges? I sure hope not. standing addition to the bench in the Harkin Manchin Then some have brought up only re- Southern District of New York, as well The nomination was confirmed. cently—actually, very recently—the as Katherine Forrest, who will also be thought that Ms. Nathan would apply an outstanding addition. The PRESIDING OFFICER. The question is, Will the Senate advise and foreign law to our own laws. It is pat- I yield the floor, and I suggest the ab- consent to the nomination of Susan ently false to say that Ms. Nathan has sence of a quorum. Owens Hickey, of Arkansas, to be suggested or that she believes it is ap- The PRESIDING OFFICER (Mr. United States District Judge for the propriate for U.S. judges to rely on for- SANDERS.) The clerk will call the roll. Western District of Arkansas? eign law or that she herself would ever The bill clerk proceeded to call the The Senator from Vermont. consider doing so. To the contrary. In roll. response to written questions from Mr. LEAHY. Mr. President, I ask Mr. LEAHY. I ask for the yeas and Senator GRASSLEY, she said explicitly: unanimous consent that the order for nays. If I were confirmed as a United States Dis- the quorum call be rescinded. The PRESIDING OFFICER. Is there a trict Court Judge, foreign law would have no The PRESIDING OFFICER. Without sufficient second? relevance to my interpretation of the U.S. objection, it is so ordered. There is a sufficient second. Constitution. Mr. LEAHY. Mr. President, I ask for The clerk will call the roll. Let’s go through that quote again. the yeas and nays. The legislative clerk called the roll. This is in reference to a question from The PRESIDING OFFICER. Is there a Mr. DURBIN. I announce that the Senator GRASSLEY: sufficient second? Senator from California (Mrs. BOXER), If I were confirmed as a United States Dis- There appears to be a sufficient sec- the Senator from North Carolina (Mrs. trict Court Judge, foreign law would have no HAGAN), the Senator from Iowa (Mr. relevance— ond. The question is, Will the Senate ad- HARKIN), the Senator from Connecticut ‘‘No relevance,’’ my emphasis— vise and consent to the nomination of (Mr. LIEBERMAN), the Senator from to my interpretation of the U.S. Constitu- Alison J. Nathan, of New York, to be West Virginia (Mr. MANCHIN), and the tion. United States District Judge for the Senator from Michigan (Ms. STABENOW) My colleagues are also wrong in their Southern District of New York? are necessarily absent. suggestion that Ms. Nathan has in the The clerk will call the roll. Mr. KYL. The following Senators are past either relied on foreign law herself The bill clerk called the roll. necessarily absent: the Senator from or suggested that courts should do so. Mr. DURBIN. I announce that the Oklahoma (Mr. COBURN), the Senator In the Baze vs. Rees case, she merely Senator from North Carolina (Mrs. from Indiana (Mr. LUGAR), and the Sen- described the fact that others, includ- HAGAN), the Senator from Iowa (Mr. ator from Louisiana (Mr. VITTER). ing a law school clinic and Human HARKIN), the Senator from Connecticut The PRESIDING OFFICER. Are there Rights Watch, had argued in their own (Mr. LIEBERMAN), the Senator from any other Senators in the Chamber briefs that international law could be West Virginia (Mr. MANCHIN), and the wishing to vote? considered when dealing with questions Senator from Michigan (Ms. STABENOW) The result was announced—yeas 83, of pain and suffering. Similarly, in her are necessarily absent. nays 8, as follows: analysis of the Roper case, Ms. Nathan Mr. KYL. The following Senators are [Rollcall Vote No. 165 Ex.] made an observation about what the necessarily absent: the Senator from Supreme Court had done—specifically, YEAS—83 Oklahoma (Mr. COBURN), the Senator that the Supreme Court had cited for- Akaka Feinstein Murkowski from Indiana (Mr. LUGAR), and the Sen- Alexander Franken eign law as nondispositive support for Murray ator from Louisiana (Mr. VITTER). Ayotte Gillibrand Nelson (NE) their conclusion about the national The PRESIDING OFFICER. Are there Barrasso Graham Nelson (FL) consensus in the United States about Baucus Hatch Portman any other Senators in the Chamber de- the death penalty. That my colleagues Begich Heller Pryor siring to vote? Bennet Hoeven jumped from these two instances in Reed The result was announced—yeas 48, Bingaman Hutchison Reid which Ms. Nathan described other peo- Blumenthal Inhofe nays 44, as follows: Risch ples’ opinions to conclusions about Ms. Blunt Inouye Roberts Boozman Isakson [Rollcall Vote No. 164 Ex.] Rockefeller Nathan’s own belief leads me to ask, Brown (MA) Johanns Rubio are judicial candidates not allowed to YEAS—48 Brown (OH) Johnson (SD) Sanders Akaka Franken Nelson (NE) Cantwell Johnson (WI) describe the arguments that others Schumer Baucus Gillibrand Nelson (FL) Cardin Kerry have made? That would be rather ab- Sessions Begich Inouye Pryor Carper Kirk surd. I cannot imagine it is the out- Bennet Johnson (SD) Reed Casey Klobuchar Shaheen come my colleagues would want, but it Bingaman Kerry Reid Chambliss Kohl Snowe is the one to which their arguments Blumenthal Klobuchar Rockefeller Coats Landrieu Tester Boxer Kohl Sanders Cochran Lautenberg Thune naturally lead. Brown (OH) Landrieu Schumer Collins Leahy Toomey Finally, on national security, where Cantwell Lautenberg Shaheen Conrad Levin Udall (CO) again some from the outside who have Cardin Leahy Tester Coons McCaskill Udall (NM) criticized Ms. Nathan have brought up Carper Levin Udall (CO) Corker McConnell Warner Casey McCaskill Udall (NM) Cornyn Menendez Webb national security, here is what she has Conrad Menendez Warner Crapo Merkley Whitehouse said: Coons Merkley Webb Durbin Mikulski Wicker I think it is important for a Federal dis- Durbin Mikulski Whitehouse Enzi Moran Wyden Feinstein Murray Wyden trict judge to follow the Supreme Court. It is NAYS—8 important to our national security for there NAYS—44 to be judges who follow the law in this area— Burr Kyl Paul Alexander Barrasso Boozman DeMint Lee Shelby National security— Ayotte Blunt Brown (MA) Grassley McCain

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.042 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6494 CONGRESSIONAL RECORD — SENATE October 13, 2011 NOT VOTING—9 was to represent Shirin Ebadi, a Noble their strong-willed backbone on many Boxer Harkin Manchin Prize winner, in the courts of Iran. international questions, have a more Coburn Lieberman Stabenow We hear and have watched unclassi- far-reaching effect on calling it the Hagan Lugar Vitter fied reports of an acceleration of ura- way they see it in Iran. Both Europe The nomination was confirmed. nium enrichment in Iran. We even have and America now have a regime to The PRESIDING OFFICER. The the irony, according to the Inter- bring forward sanctions and designa- question is, Will the Senate advise and national Monetary Fund, that despite tions against Iranians who are ‘‘com- consent to the nomination of Kath- comprehensive U.N. and U.S. sanc- prehensive abusers of human rights.’’ erine B. Forrest, of New York, to be tions—according to the IMF—Iran had Currently, our government has only United States District Judge for the greater economic growth last year designated 11 Iranians, where the Euro- Southern District of New York? than the United States and the Iranian pean Union has designated over 60. One The nomination was confirmed. indebtedness is only a fraction of U.S. of the people missed by our administra- The PRESIDING OFFICER. Under indebtedness. According to the IMF, tion is the President of Iran, Mahmud the previous order, the motions to re- the United States owes about 70 per- Ahmadinejad, who often talks about consider are considered made and laid cent of its GDP in debt held by the ending the state of Israel. Probably the upon the table and the President will public. For Iran, it is only 5.5 percent. only head of state of a member of the be immediately notified of the Senate’s Now the United States has enacted a United Nations who regularly talks action. new round of sanctions against Iran. about erasing another member of the President Obama signed it into law last f United Nations from the planet. We year. There were 410 votes in the also have not designated President LEGISLATIVE SESSION House, and it was unanimous in the Ahmadinejad’s chief of staff. We have The PRESIDING OFFICER. Under Senate. I worked for many years on a not designated dozens of people that the previous order, the Senate will re- predecessor to that legislation when I even the European Union has des- sume legislative session. was a Member of the House. The record ignated as comprehensive abusers of The majority leader is recognized. of the administration, and especially human rights. our very able Under Secretary of the So what should we do when we have f Treasury David Cohen, has been very uncovered a plot to attack the United MORNING BUSINESS good at implementing that bill. He has States in which the highest levels of been very successful in reducing formal the Iranian Revolutionary Guard Quds Mr. REID. Mr. President, I ask unan- banking contacts between American, Force was involved? Thank goodness imous consent that the Senate proceed European and Asian banks and Iran. It for the DEA and the rest of the law en- to a period of morning business, with is very important, when we look at the forcement and intelligence community Senators allowed to speak for up to 10 situation of how to deal with Iran, that of the United States, the plot was minutes each during that time. we not see it from Washington’s view, foiled, and so no attack was carried The PRESIDING OFFICER. Without looking toward Iran, in which we see out. In my mind, we should take the objection, it is so ordered. an awful lot of banks and an awful lot toughest action possible, short of mili- The Senator from Illinois. of transactions shut down, but look at tary action. Is there consensus in the f it from Tehran’s view, looking back Congress behind what that action from the United States, and we will see IRAN SANCTIONS should be? I would argue yes. a quickly growing Iranian economy, a Senator SCHUMER and I, this summer, Mr. KIRK. With regard to our policy growing record of brazen oppression, put forward what we feel is one of the toward Iran and the recent revelation actresses sentenced to 90 lashes, Noble real, most crippling sanctions the of a potential attack involving not just Prize-winning attorneys thrown in jail, United States could deliver against foreign embassies and ambassadors but an accelerating nuclear program, and Iran; that is, to ensure that any finan- Americans, potentially Senators, being then a decision by the head of the Ira- cial institution that has any contact killed by a plot hatched by the Iranian nian Revolutionary Guard Corps, Quds with the Central Bank of Iran be ex- Revolutionary Guard and Quds Force, Force, to attack the United States. cluded from the U.S. market. Because there should be consequences, not just Long ago, I thought it was a mistake the United States is the largest econ- concerns expressed from the adminis- to have the Drug Enforcement Agency omy on Earth, we believe nearly every tration. We have witnessed a growing left outside of the U.S. intelligence financial institution on the planet will aggressiveness by the Iranian regime community. Luckily, we reversed that cut its ties to the Central Bank of Iran. toward the United States and toward decision and we brought DEA back into That, most likely, would cripple Iran’s their own people. the intelligence community. It was a currency and cause chaos within their For example, recently, an Iranian ac- lucky strike that the person who was economy. You know what. Iran might tress who appeared uncovered in an contacted by the Quds Force to carry actually suffer a recession, which it Australian film was then sentenced to out an attack on the United States ac- currently is not in, and I think that 90 lashes for her so-called crime. With tually contacted a confidential inform- would be an appropriate price to pay. regard to the 330,000 Baha’is, a reli- ant working for the DEA. It was on When Senator SCHUMER and I reached gious minority in Iran, first they were that lucky break that we had the abil- out to the Senate to ask for support, I excluded from all public contracting, ity to break this plot. But if we read was very surprised at the answer be- then they were told all their children Attorney General Holder’s complaint cause all but eight Senators signed our had to leave Iranian universities, and against the defendant involved, we will letter. There were 92 Republicans and then all their home addresses were reg- see—I believe it is on page 12—a ren- Democrats who signed the letter stat- istered in secret by the Iranian Interior dition of how, if they could not kill the ing it should be the policy of the Ministry. Ambassador outside the restaurant, it United States to collapse the Central I would suggest we have seen this was perfectly OK with the Quds Force Bank of Iran, to cripple its currency. movie before in a different decade operator that a bomb go off involving After what we learned this week of a wearing different uniforms. But this is dozens—if not over 100—of Americans plot to kill Americans and to carry out the bureaucracy necessary to carry out killed. The bonus, he thought, maybe a terrorist attacks on the Capital City of a Kristallnacht in Farsi. large number of Senators would be in- the United States, I think that rep- We have seen, for example, the Per- volved. If that was necessary to kill resents appropriate consequences, not sian world’s first blogger, Hossein this Ambassador, all the better. just concerns. Ronaghi, who was thrown into jail sim- The Treasury Department has des- We heard from the administration ply for expressing tolerance toward ignated, finally, the head of the Quds this morning—and while I was encour- other peoples and other religions. Prob- Force under our law. But it is ironic aged by the diligent work, especially of ably most emblematic, we saw the that when we look at the comprehen- the Treasury Department, I was con- jailing of Nasrin Sotoudeh, a young sive record of designations, the Euro- cerned about another thing. There are mother and a lawyer, whose sole crime peans, who actually are not known for press reports that the administration

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.005 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6495 learned about this plot in June and When we see things such as this, and Well, stop and remember as I tell my only revealed it to us the day before the fact that they are coming out and colleagues what this actually went for. yesterday. So the administration has doing things they haven’t done before, It is clear the most recent example was had months to understand what this that just tells me our expectations of this loan guarantee with Solyndra. Ev- plot meant and plan for the con- their nuclear capability are very true eryone here is aware of what happened sequences. Yet except for minor ac- and it is very serious with Solyndra. We know it was a firm tions against a small airline in Iran JOBS BILL that was producing supposedly green called Mahan Air, except for actually That is not what I want to talk energy. We know the people who were finally designating the head of the Ira- about. In the wake of the defeat of behind this loan guarantee of $535 mil- nian Revolutionary Guards’ Quds President Obama’s jobs bill, I wished to lion were big contributors to the ad- Force, we have no comprehensive ac- give a couple thoughts here and then ministration, and they went ahead and tion by the United States. talk about something we better look were able to get bailed out—not bailed My recommendation to this House out for in the future. That jobs bill out, but get their loan guarantee— and to the administration is we should failed by a large margin, and we heard costing the taxpayers $1⁄2 billion, and take yes for an answer. With 92 Repub- the President say: Pass the bill, pass that is part of what was in this bill. licans and Democrats all standing be- the bill, pass the bill. We didn’t pass That is where the money was. The gen- hind an effort to collapse the Central the bill. I can see why the President esis of that was the $825 billion stim- Bank of Iran, this is the appropriate wants to consider passing some kind of ulus bill. sanction. On top of that, we have the jobs bill right away, when we stop and I am reminiscing a little bit about Menendez bipartisan legislation to remember what he did with the last what happened back in the middle close loopholes in the sanctions al- one. The last stimulus bill was $825 bil- 1990s, back when Bill Clinton was ready cosponsored by 76 Senators. This lion. This package was rammed President of the United States, when is a tough time of partisanship in through the Congress shortly after he we had a very similar thing happen at Washington. We don’t get bipartisan entered office. The Recovery Act, as it that time. There is a company called issues such as this that often. I am sur- was called, had only $27 billion out of the Loral Corporation. The Loral Cor- prised, it having known about this plot $825 billion for roads and highways. poration is headed up by Bernard since June, the administration has not The occupier of the chair is very well Schwartz. Bernard Schwartz was one of already put forward action, but I would aware of my concern over infrastruc- the biggest contributors to the Demo- urge them to do so. This was not a mul- ture in America. cratic national party and to Bill Clin- tilateral attack by a collection of I remember when that bill was on the ton. Bernard Schwartz, the company, countries on the United States; there- floor and Senator BOXER, from Cali- the Loral Corporation, built a guidance fore, I don’t think we should wait for fornia, and I had an amendment to in- system for a missile so that missile multilateral approval before the crease that amount. It was only 3 per- could be more accurate. Even though United States acts against the Iranian cent of the total of $825 billion that China wanted to have that system so Revolutionary Guard Corps and the would go to roads, highways, mainte- they would be able to guide their mis- highest levels of the Iranian Govern- nance, bridges, and this type of thing— siles more accurately, for obvious rea- ment. We should designate the full list only 3 percent. We were trying to raise sons we didn’t want them to have it. So of comprehensive abusers of human that to 30 percent. If that had hap- it took a waiver signed by the Presi- rights the way the EU has done. We pened, then look where we would be dent of the United States. President should exclude any financial institu- today. We would have the jobs, we Bill Clinton did it. He signed the waiv- tion from the United States that does would have all the shovel-ready jobs er and they got the money. I see simi- business with the Central Bank of Iran. throughout America. larities in here. I think, again, every- In my State of Oklahoma, our por- We should make sure that in the case one is familiar with that. tion of that would have been well spent of high-level Iranian officials who have How did they get the money? Where just distributed in the way that we had plotted an attack, potentially involv- did it come from? The $825 billion in the formula after the 2005 highway re- ing dozens of American deaths right the stimulus bill. authorization bill. Anyway, that actu- here in the Capital City of the United Let’s look. Since the President gave ally was only 3 percent. It was only $27 States, there should be severe con- that statement, which I will read billion out of $825 billion. The one we sequences, they should be fairly swift, again—he said: just defeated was a $447 billion stim- and our inaction should not be mis- What I’m signing, then, is a balanced plan ulus bill. It only had $27 billion in taken for weakness in the face of what with a mix of tax cuts and investments. It’s roads, highways, construction, mainte- is one of the most brazen international a plan that has been put together without nance—the things that provide jobs acts we have seen in recent times. earmarks or the usual pork barrel spending. and the things this country needs. I yield the floor. What do we call the Solyndra thing? I have been ranked as the most con- The PRESIDING OFFICER. The Sen- It is porkbarrel spending. servative Member of the Senate seven ator from Oklahoma. What about the earmarks? This is a Mr. INHOFE. Mr. President, I ask different times in the past. Yet I read- confusing thing for most people be- unanimous consent to be recognized for ily say I am a big spender in two areas: cause my well-meaning conservative up to 20 minutes as if in morning busi- One is national defense and the other is friends in the House of Representatives ness. infrastructure. I think that is what we a couple of years ago put a 1-year mor- The PRESIDING OFFICER. Without are supposed to be doing here. We are atorium on earmarks, and earmarks objection, it is so ordered. in a desperate situation with our infra- would be defined, of course, as appro- Mr. INHOFE. Let me make one com- structure around the country. priations or authorizations. By doing ment to the Senator from Illinois. I am So one might say, well, the President that, it totally contradicts what the glad he said what he did. It is very sig- had the $825 billion stimulus package Constitution, article I, section 9, says nificant. People don’t look at Iran as and only $27.5 billion went to roads and we are supposed to be doing here. It seriously as they should. It is not even highways. What happened to the rest of says we are supposed to be doing the classified that Iran is going to have the it? Well, the rest of it, in spite of what appropriations and the authorizations. capability of a weapon of mass destruc- he said—I am going to read what he That is specifically precluded from the tion and a nuclear warhead and a deliv- said—right after the passage of the bill, President in the article of the Con- ery system by 2015. That was the very when he was signing the bill, the $825 stitution. So it is one that was very ob- reason they were going to have a billion stimulus bill, he said: vious. We find out later that the person ground-based interceptor in Poland, so What I’m signing, then, is a balanced plan who was behind that was none other we can defend against something com- with a mix of tax cuts and investments. It’s a plan that has been put together without than President Obama. ing from that direction, since all our earmarks or the usual pork barrel spending. There is a reason for this. Because ground-based interceptors are on the It’s a plan that will be implemented with an most people don’t understand there are west coast in Alaska and southern unprecedented level of transparency and ac- two different kinds of earmarks. One is California. countability. congressional earmarks. That is when

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.046 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6496 CONGRESSIONAL RECORD — SENATE October 13, 2011 a Congressman, a lot of times in the the 102 most egregious earmarks. He The PRESIDING OFFICER. Without dark of night, will try to put some- named all of these earmarks, one after objection, it is so ordered. thing down that maybe is not in the another, and went on and on and on. I Mr. INHOFE. Madam President, since best interests of the United States but came down to the Senate floor the there is no one seeking time right now, helps his district. That occasionally morning after that and I read that even though I have used my time, I ask happens. It shouldn’t happen. Under same list. There were 102 earmarks, unanimous consent to be recognized our system, it won’t happen if we re- very similar to what I read. The inter- again for up to 10 minutes. quire all appropriations to be author- esting thing about it—and I said this The PRESIDING OFFICER. Without ized. But the other kind, in addition to on the Senate floor at that time—what objection, it is so ordered. the congressional earmarks, are bu- did these 102 earmarks have in com- f reaucratic earmarks. That is what the mon? Not one was a congressional ear- ENERGY President can do. mark. They were all bureaucratic ear- I will give an example. I am on the marks. Mr. INHOFE. Madam President, I Armed Services Committee. The Presi- We are going to be attempting to do heard a report today from Senator dent’s budget comes out. He says what something about this, because it is MURKOWSKI. Apparently, the Energy we should spend money on to defend something that almost everyone would Committee had a hearing on the 90-day America. A couple of years ago, before agree needs to be done. What we are shale gas report. I think this is very significant. I am sure she will come this moratorium the Republicans put going to introduce and the bill I am down and talk about it in detail. I on in the House, one of the lines he had working on now, and I am gathering didn’t even know about it until noon in his budget was $330 million for a some cosponsors, is legislation that today when she gave her report and I launch system called a bucket of rock- will bring real transparency and ac- happened to be there, but it is some- ets. It was a good system, and I would countability to this process. It would thing that is very significant. like to have that system for defending do this by involving Congress in the grant-making process. In this country we talk about energy America. But we thought in our com- and the fact that we have enough en- mittee that the same $330 million Right now, agencies are required to disclose a lot of information about ergy we can produce domestically in would be better spent on buying six the United States of America to run new FA–18E/F model strike fighters for grant awards, but not until after they are already awarded. We don’t know this country for 100 years in terms of our Air Force. Well, we could do that, gas, with present consumption, and 50 except that would be called an ear- about them. Even we here in this Chamber don’t know about them until years as far as oil is concerned, and we mark. When we destroy an earmark, we are dependent upon oil, gas, and coal to don’t save any money, we just say, Mr. some unelected bureaucrat actually makes these what I would refer to as run this country, and those are some- President, we are not going to do it, so thing—a lot of people are saying we you go ahead and you do it. Con- bureaucratic earmarks. So it is setting up a system very similar to the Con- have to do away with fossil fuels. sequently, we were able to take the gressional Review Act. Every time I hear people say that, it is $330 million and put it in the FA–18s, The Congressional Review Act lets us kind of laughable, when they say we but after that would pass, that would look at the regulations and have a have to do something about our de- be called an earmark, and so the Presi- process by which we can stop the bu- pendence on foreign oil by doing away dent would have all the power. reaucrats from passing regulations with our own production in this coun- If we look back at the $825 billion that we may think as elected Members, try. stimulus bill, we can look at some of elected by the people, are not good. Our problem is not that we do not the things that were in there. He said This will do essentially the same thing have the amount of coal, oil, and gas he wasn’t going to have any earmarks. the CRA does for regulations, it would that we need to be totally independent These are Presidential earmarks: do for these earmarks. So it is some- from anybody. We do. But, politically, $219,000 to study the hookup behavior thing we will be active in. I think back we have obstacles. There is not one of female college co-eds in New York; now, if we had not defeated that $447 other country in the world where the $1.1 million to pay for the beautifi- billion stimulus bill the first part of politicians will not let that country de- cation of Los Angeles’ Sunset Boule- this week, we would be looking at right velop its own resources except for the vard; $10,000 to study whether mice be- now, and I am sure they would be put- United States of America. come disoriented when they consume ting together, their list of earmarks. It is kind of interesting. It was not alcohol in Florida; $712,000 to develop I think we have an opportunity now too long ago when President Obama, machine-generated humor in Illinois; to do two things. No. 1, when the Presi- who is very much in line with some of $259,000 for foreign bus wheel polishers dent—and I say when, and not if—when the far-left environmentalists who in California. It goes on and on. the President comes up with another want to do away with fossil fuels, was There is $150,000 for a Massachusetts jobs bill, let’s look at it very carefully realizing people were catching on, and middle school to build a solar array to make sure we have everything spe- people knew that with all the shale de- system on its roof; $1 million to do re- cifically in there if it is going to be de- posits that are out there—and every search on fossils in Argentina. Here is serving of our votes. I say that to each week that goes by, we find another a good one. I will not attribute this to individual, Democrat and Republican, great big opportunity for shale; this is my two good friends who are Senators in this Chamber. both oil and gas—and the President from Wyoming, but $1.2 million to The second thing is make sure we said gas is plentiful, and we need to use build an underpass for deer in Wyo- don’t open the door for him to be able more gas, and all that. But at the end ming. to come up with another several hun- of his speech, he said: We have to do That is what the President put in. dred billion dollars of earmarks as we something about that procedure called Those are all earmarks. Consequently, did in the $825 billion stimulus bill 2 hydraulic fracturing. I think what we are trying to get to years ago. Anyone who understands energy here is if he had been successful in the With that, Madam President, I yield knows that to get at all of these depos- $447 billion stimulus bill earlier this the floor and suggest the absence of a its—these shale deposits of gas or oil— week, then we could anticipate the quorum. you have to use a procedure called hy- same type of thing happening. The PRESIDING OFFICER (Mrs. draulic fracturing. It happens we know I want the conservatives of America MCCASKILL). The clerk will call the something about it in my State of to wake up to the fact that the prob- roll. Oklahoma because in 1948 the first well lems we have, when they talk about The assistant legislative clerk pro- was cracked, and we have not had one earmarks, are not congressional ear- ceeded to call the roll. documented case in 60 years of ground marks, they are bureaucratic ear- The PRESIDING OFFICER. The Sen- water contamination as a result of hy- marks. ator from Oklahoma. draulic fracturing. So it is something It wasn’t long ago that Sean Hannity Mr. INHOFE. Madam President, I ask that does work. on his show had a feature, I think it unanimous consent that the order for But those individuals who want to took him several nights to do it. It was the quorum call be rescinded. make people think they are wanting us

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.047 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6497 to develop our own resources then turn coal to be totally independent, if we The nomination considered and con- around and say we are going to stop or can just get the obstacles out of the firmed is as follows: have the Federal Government regulate way. One of the techniques used in DEPARTMENT OF STATE hydraulic fracturing. It is totally in- being able to recover this, of course, is Sung Y. Kim, of California, a Career Mem- consistent, and I think it is a direct ef- hydraulic fracturing. So that is why a ber of the Senior Foreign Service, Class of fort to misinform the people. lot of the people who are trying to shut Counselor, to be Ambassador Extraordinary So in this meeting today, Senator down fossil fuels are trying to shut and Plenipotentiary of the United States of MURKOWSKI did a handout, and I am down that process. America to the Republic of Korea. going to read a couple of the quotes I had an experience—I wish I could f from some of the people who had pre- remember the name of the company, viously testified before the committee. but it was in Broken Arrow, OK—dur- LEGISLATIVE SESSION Keep in mind, this is after a 90-day ing the recess, where I was calling on The PRESIDING OFFICER. Under shale gas report. They talked about hy- different people, and there was a young the previous order, the Senate will re- draulic fracturing and all of that. man who started a company. He had sume legislative session. One quote is from Dr. Daniel Yergin, been with a larger one. He is making f who is chairman of IHS Cambridge En- platforms for hydraulic fracturing. ergy Research Associates, and he is a Now, a platform is about one-fourth of UNANIMOUS CONSENT AGREE- bestselling author. He said: the size of this Chamber I am speaking MENT—EXECUTIVE CALENDAR There’s a gap in perception—this idea that in right now. It is a very large thing. Mr. KERRY. Madam President, I ask oil and gas is not regulated. We were all im- On the platform, so they can hydrau- unanimous consent that at a time to be pressed by the quality and the focus, the lically fracture these wells, they have a determined by the majority leader, in long experience of the states in regulating very large diesel engine. A regulation consultation with the Republican lead- oil and gas. . . . There’s a strong backbone to came through—I was not even aware of it and that is not as well recognized in some er, the Senate proceed to executive ses- circles. So I think there is a very strong fab- this until I sat down with him; this is sion to consider Calendar No. 78; that ric here. less than 1 month ago—he said the reg- there be 4 hours for debate equally di- ulation was that you can no longer Here is a quote. This is from Kath- vided in the usual form; that upon the build platforms and use them for hy- leen McGinty. I remember her from use or yielding back of time, the Sen- draulic fracturing unless you have a when she was an aide to Al Gore. She ate proceed to vote without inter- tier 4 engine. was chair of the Council on Environ- vening action or debate on Calendar Well, we went to check, and he was mental Quality during the Clinton ad- No. 78; that the motion to reconsider right. There is no tier 4 engine. It is on ministration. She said: be considered made and laid upon the the drawing boards, but it is not avail- We didn’t come up with any conclusion— table, with no intervening action or de- able commercially now. So that is just bate; that no further motions be in This is the 90-day shale report— another way through regulation they order to the nomination; that any that the deck chairs need to be shuffled are trying to do away with hydraulic statements related to the nomination around. . . . There was nothing in the testi- fracturing. be printed in the RECORD; that the mony that we heard or in the substance that So we have to be on our toes, and we President be immediately notified of we focused on or in the ‘‘what’’ needed to be have to have a wake-up call for the done that led to a glaring conclusion that the Senate’s action and the Senate there was an actor missing from the scene. American people. If we want to have then resume legislative session. good, clean, abundant, cheap energy, Well, this is someone who comes The PRESIDING OFFICER. Without we have it right here in the United from, completely, the other side. So I objection, it is so ordered. States of America, and we need to think it is very important. The more Mr. KERRY. Madam President, I sug- knock down the political obstacles and times you look at this thing, the more gest the absence of a quorum. develop our own resources like every- there is an awareness of the people— The PRESIDING OFFICER. The body else does. that is heightened almost on a daily clerk will call the roll. With that, I yield the floor. basis—that we have all this oppor- The assistant legislative clerk pro- I suggest the absence of a quorum. tunity, and we are not doing it just be- ceeded to call the roll. The PRESIDING OFFICER. The Mr. REID. Madam President, I ask cause of the political obstacles. clerk will call the roll. Dr. Stephen Holditch is the petro- unanimous consent that the order for The assistant legislative clerk pro- leum engineering department head, the quorum call be rescinded. ceeded to call the roll. Samuel Roberts Noble chair, and pro- The PRESIDING OFFICER. Without Mr. KERRY. Madam President, I ask fessor of petroleum engineering at objection, it is so ordered. unanimous consent that the order for Texas A&M University. He said: the quorum call be rescinded. f Local control, local understanding of best The PRESIDING OFFICER. Without RECESS SUBJECT TO THE CALL OF practices is really the best way to go. . . . objection, it is so ordered. There’s nothing broken with the system now. THE CHAIR My State of Oklahoma is an oil f Mr. REID. Madam President, I ask State. A lot of our stuff is pretty shal- EXECUTIVE SESSION unanimous consent that the Senate low. On the other hand, in the stand in recess subject to the call of Anadarko Basin, we have some of the the Chair. more deep things. But if you look, for EXECUTIVE CALENDAR The PRESIDING OFFICER. There 60 years the States have regulated hy- Mr. KERRY. Madam President, I ask being no objection, the Senate, at 3:43 draulic fracturing, and it has worked unanimous consent that the Senate p.m., recessed subject to the call of the very well. It is not one of these one- proceed to executive session to con- Chair. size-fits-all because in some States— sider the following nomination: Cal- f when you get in New York and Penn- endar No. 287; that the nomination be sylvania, now, and the Marcellus confirmed, the motion to reconsider be JOINT MEETING OF THE TWO Shale, the stuff is pretty deep, but it is made and laid upon the table, with no HOUSES—ADDRESS BY THE HON- abundant. Well, the regulation there intervening action or debate, and that ORABLE LEE MYUNG-BAK, would be different than it would be in no further motions be in order to the PRESIDENT OF SOUTH KOREA my State of Oklahoma or in Louisiana nomination; that any related state- Thereupon, the Senate, preceded by or in New Mexico or any of the other ments be printed in the RECORD; that the Deputy Sergeant at Arms, Martina oil States. the President be immediately notified Bradford, the Secretary of the Senate, I was really glad to see this come of the Senate’s action and the Senate Nancy Erickson, and the Vice Presi- out, and I am glad Senator MURKOWSKI then resume legislative session. dent of the United States, JOSEPH R. is now letting people become aware of The PRESIDING OFFICER. Without BIDEN, proceeded to the Hall of the it because we have enough oil, gas, and objection, it is so ordered. House of Representatives to hear an

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.049 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6498 CONGRESSIONAL RECORD — SENATE October 13, 2011 address to be delivered by the Honor- about 20 miles from where I live in has so far not supported this legisla- able Lee Myung-Bak, President of Brunswick, OH, owned by the Bennett tion, but we know the kind of broad bi- South Korea. Brothers whom I met fairly recently in partisan support it has and how impor- (For the address delivered by the Cleveland, 25 miles outside of Cleve- tant it is so we can begin to reenergize President of South Korea, see today’s land, called Automation Tool and Die. manufacturing in this country. proceedings of the House of Represent- The Bennett Brothers had a million At the same time we took a step atives.) dollar sale that they thought they were back this week, after the China trade Whereupon, at 5:03 p.m., the Senate, about to fill and at the last minute a currency bill, which was very progres- having returned to its Chamber, reas- Chinese company came in and under- sembled and was called to order by the sive, important legislation for our priced them by 20 percent. That was manufacturing—we took a step back by Presiding Officer (Mr. FRANKEN). the currency subsidy that Chinese com- passing trade deals with Colombia, The PRESIDING OFFICER. The ma- pany had. What is fair about that? jority leader. South Korea, and Panama that will do I learned today a paper company in more harm than good. Mr. REID. Mr. President, I suggest Hamilton, OH, right smack in the mid- the absence of a quorum. dle of the home county and home dis- It is kind of amazing. Probably the The PRESIDING OFFICER. The trict of the Speaker of the House, an- too often used quote from Einstein clerk will call the roll. nounced its closing. One of the main where he said the definition of insanity The legislative clerk proceeded to is doing the same thing over and over call the roll. factors was low-cost imports from China. and expecting a different result is ex- Mr. BROWN of Ohio. Mr. President, I actly what has happened in trade ask unanimous consent the order for When it comes to paper, here is what the Chinese do. They buy their pulp in agreements. Go back 20 years—18 the quorum call be rescinded. years, in 1993, President Clinton—mim- The PRESIDING OFFICER. Without Brazil, they ship it from Brazil to Chi- icking President Bush, who had nego- objection, it is so ordered. nese paper mills—in some sense across Mr. BROWN of Ohio. Mr. President, I two oceans. They mill it, they ship it tiated the agreement—said the North ask unanimous consent to speak up to back to the United States, and yet American Free Trade Agreement would 20 minutes in morning business. they underprice us. Even though labor create 200,000 jobs in our country The PRESIDING OFFICER. Without is 10 percent of the cost of paper pro- quickly. We have lost 600,000 net jobs objection, it is so ordered. duction, they underprice us because ap- because of NAFTA. That same model of NAFTA with investor-state relations— f parently they subsidize water and en- ergy and land and capital, plus they with investor-state provisions and TRADE MEASURES get this 25-percent currency subsidy. other things, gave rise to the Central Mr. BROWN of Ohio. Mr. President, Our trade deficit with China, which America Trade Agreement and other this Chamber considered trade meas- has more than tripled in the last dec- agreements that cost us jobs. Every ures this week for the first time in ade after China was let into the World time the administration—either party, about 4 years. First, and most impor- Trade Organization, pledging to follow it doesn’t matter—promises these trade tant, the bipartisan currency measure the rule of law but breaking that agreements will create jobs, they never passed by an overwhelming majority, pledge every day of the year—our trade do. This body, again—Colombia, North 63 to 35. This action on China’s cur- deficit with China, now $275 billion for Korea, Panama—a strong majority of rency is long overdue. This is legisla- the year, has risen through the eco- Senators again bought that line, ‘‘Hey, tion of which I was the prime sponsor. nomic food chain all the way through this is going to create jobs,’’ and it We had major cosponsors in both polit- advanced technology products. What never does. ical parties: LINDSEY GRAHAM of South used to be made in China 10 years ago The same promises, businesses prom- Carolina, a Republican; CHUCK SCHU- was similar—the Presiding Officer re- ise jobs will increase exports. They MER of New York, a Democrat; DEBBIE members growing up in Minnesota in only talk about half of it. They say STABENOW from Michigan, a Democrat; the 1950s and 1960s when ‘‘Made in NAFTA, CAFTA, the Korea Free Trade JEFF SESSIONS from Alabama, a Repub- Japan’’ always used to mean something Agreement, the Panama Free Trade lican; SUSAN COLLINS, a Republican was cheap and sort of badly made. Agreement, Colombia Free Trade from Maine; KAY HAGAN, a Democrat ‘‘Made in China’’ 10 years ago usually Agreement, are going to mean more ex- from North Carolina; BOB CASEY, Dem- meant the cheapest products, the ports. Talking only about exports is ocrat from Pennsylvania. This was a tchotchke kind of products. Today, like telling a baseball score and only strong bipartisan bill. My junior Sen- with ‘‘Made in China,’’ they have reporting half of the score. Yesterday, ator, ROB PORTMAN from Ohio, former worked their way up the technology the season obviously mercifully ended Trade Representative under President chain so they compete with our wind for the home team of the Presiding Of- Bush, supported the legislation. turbine component production and ficer, but it is like saying yesterday Basically it works this way. We know they compete on all kinds of high-level the Twins scored eight runs. Good for the kinds of job losses in places such as kinds of goods. them, but the Indians scored 12. But Duluth, MN or Toledo, OH, because In addition to paper, steel, alu- they only told you about the Twins’ China cheats. Pure and simple, they minum, glass, and cement, all the runs. You don’t report baseball scores cheat. They depreciate or overappre- things that have created the middle that way. You report scores like the ciate their currency, making a weaker class in my State for decades, we are Twins got 12, the Indians only got 8, renminbi. That is the name of their competing with China for jobs in solar and it was 12 to 8 or the Tigers won 3 currency term. When a company in and wind and clean energy component to 2. Dayton, OH, or Youngstown, OH, sells manufacturing and in the auto supply a product into the Chinese market that chain. We can compete on productivity. With trade, the people who support the people of Xian or Wuan might con- We have skilled workers. We have these trade agreements are the same sider buying, this company is faced world-class infrastructure—although ones who say it lets us increase the ex- with a 25- to 30- to 35-percent currency God knows it needs renovation and ports. Maybe it is, but imports are in- tax, currency tariff, making the prod- modernization. But how do you com- creasing much more dramatically. uct more expensive, making it much pete against an automatic across-the- President Bush once said $1 billion in harder for the U.S. company to sell the board 25- to 30-percent subsidy? trade surplus or trade deficit trans- product to China. At the same time I thank my colleagues this week for lated into 13,000 jobs. If you have a $1 going back the other way, the company voting for that legislation—63, includ- billion trade deficit, if you are selling in China, or the government in some ing the Presiding Officer’s support—in- more than you are buying, that creates cases, selling into the U.S. market gets cluding the support to manufacturing. 13,000 jobs. If you are buying more than a 25-, 30-, 35-percent subsidy, making it We need to pass that bill in the House you are selling, if you have a $1 billion so much easier to sell. of Representatives. The Speaker of the trade deficit, you lose 13,000 jobs. You I will give one perfect example, a re- House has so far said he is not inclined know our deficit is in the range of $600 grettable example. There is a company to bring it up. I think the White House billion. Do the math. Each time we

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.051 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6499 pass one of these trade agreements— tional rule that we have to have 60 I yield the floor and suggest the ab- and it will probably happen with Korea votes to even put up a bill for debate— sence of a quorum. and Colombia and Panama—each time the Republicans say: No, we are not The PRESIDING OFFICER. The we do it, the trade deficit rises. Our even going to debate it. clerk will call the roll. trade deficit with China has more than Let me take one part of that bill that The assistant legislative clerk pro- tripled. Before NAFTA we had a trade is particularly important. The average ceeded to call the roll. surplus with Mexico and small trade U.S. public school building is 40 years Mr. REID. Madam President, I ask deficit with Canada. After NAFTA, old. Many are older; some are newer. unanimous consent that the order for which was a trade agreement among The average public school building is 40 the quorum call be rescinded. the United States, Canada, and Mexico, years old. I know what I preach to my The PRESIDING OFFICER (Mrs. the trade deficit with Canada exploded. kids. I know what my neighbors MCCASKILL). Without objection, it is so The trade surplus with Mexico went preach. I know what we preach as poli- ordered. from a surplus to a deficit. We know ticians. I know what almost everybody f this does not work. says in this country. We say to our INTERNATIONAL TRADE We have a serious jobs crisis on our children and the pages—people who are Ms. LANDRIEU. Madam President, I hands, 14 million people out of work. 15, 16, 17 years old—education is the come to the floor today to speak on an We hear Senators talking about that most important goal to pursue, the issue that is of great importance to my all the time—another 15 million under- most important in our country. home State of Louisiana: international employed or stopped searching for What do we do? We send them to trade. From its founding, Louisiana work. The economy must have 150,000 crumbling old school buildings that are has been a hub for trade and entrepre- new jobs each month simply to keep up not easy places in which to learn. It is neurship. In fact, the French explorer with population growth. So what do we pretty clear that when the average Bienville chose the site for the city of do? We add a Korea agreement, a Co- school building is 40 years old, it is New Orleans in 1718 because, at a cres- lombia agreement, a Panama agree- going to cost real money to fix them. cent bend in the Mississippi River, it is ment, none of which will create jobs. Conservative estimates suggest it close to the Gulf of Mexico but safe They never do. They promise them, but would cost $270 billion to maintain and from tidal waves. President Thomas they never do. That is because these repair them. Jefferson later made the Louisiana trade agreements do not tell the whole With the slowly recovering economy, Purchase in 1813 to increase opportuni- story about how a trade agenda can ac- we know that too many school dis- ties for U.S. traders and protect U.S. tually create jobs. tricts have been forced to cut budgets access to the Port of New Orleans. Ever I want trade, I want more trade. I and lay off teachers, let alone make since then, Louisiana and the Mis- think the American people want more improvements to our schools. I intro- sissippi River have been the gateway to trade, but the American people know duced Fix America Schools Today, the the economic heartland of the United these trade agreements don’t serve us FAST Act, that would help localities States. For example, 60 percent of all as a nation. It is impossible. I know make critical repairs to schools. It will grain exported from the United States you hear this in Duluth, you hear it in support more than 12,000 jobs in Ohio. is shipped via the Mississippi River. It Rochester, you hear it in Minneapolis. I introduced the bill a few weeks ago. is also a little known fact that the I hear it in Cincinnati, I hear it in Co- Soon after, the President was at Fort Port of New Orleans imports more steel lumbus, I hear it in Zanesville. When Hayes Public School in Columbus, OH, than any other port in the country. unemployment is far too high, our con- in the central part of my State. The This crucial port sees more goods leave stituents demand that Washington do President talked about the FAST Act, its docks each day than almost any- its job and help folks get back to work. about how we should do school renova- where in the Nation. Studies have We tried to do that this week on an- tion as part of his jobs bill. found that the Port of New Orleans other issue and that was the Presi- I would plead with my colleagues on pumps $882 million into the Louisiana dent’s jobs bill. When I heard Senator the Republican side of the aisle—the economy and helps sustain more than MCCONNELL, the Republican leader, same colleagues who worked with me 160,000 jobs. The reality is Louisiana’s say—it is almost a direct quote—my on a bipartisan basis to pass the big- ports are America’s ports and the gate- No. 1 goal in 2011 and 2012 is to make gest bipartisan jobs bill, the China cur- way to the world. There are 31 ports in sure Barack Obama doesn’t get re- rency bill of this session—to work on the State of Louisiana and some of the elected—I never heard a leader in the this bill. At least, if they will not let busiest in the world in terms of gross U.S. Senate to my knowledge in his- us debate the jobs bill as a whole, let tonnage. Five of the 31 ports in Lou- tory ever say that was his No. 1 goal. us pass the Fix America’s Schools isiana, from the Gulf of Mexico to Of course, the Presiding Officer and I Today, the FAST Act, it will make the Baton Rouge, are deepwater ports. We will support Barack Obama. That is kinds of repairs—it will create jobs be- are home to 5 of the country’s top 13 what happens in politics—you hear the cause workers will rebuild these ports, exporting more than $40 billion leader of one political party say my schools and renovate them. It will cre- in goods last year alone and making No. 1 goal is to defeat the sitting Presi- ate jobs in manufacturing as compa- Louisiana the fourth largest exporting dent of the United States. And he nies all over my State that make steel, State in the country. Louisiana sends rounds up his troops to vote no against plastic, cement, and brick will go to everything from sugar to oil to more any job creation bill that President work to create and make these prod- than 200 countries worldwide. Port Obama offers. In fact, he didn’t just ucts, and it will lay the groundwork for Fourchon supports infrastructure that vote against this bill and led every Re- prosperity. provides 18 percent of the Nation’s en- publican to do that, he led his Repub- We know in the 1950s, 1960s, 1970s, and tire oil supply. The Port of South Lou- lican troops to say: No, we are not 1980s, the United States of America isiana exports more than any other going to let it come to the floor to be built infrastructure the likes of which port in the country. When combined debated. the world had never seen. That is why with the nearby Port of New Orleans, Senator CARDIN was speaking earlier, we had that kind of prosperity in this these ports form the fourth largest and I was presiding. He was incredulous country. When the Presiding Officer port system in terms of volume han- in many ways—that the leader of one and I were in high school and college dled. Today New Orleans hosts an Aus- party would say on the jobs bill, of all and were young adults, we had that tralian Trade Office, a Mexican Con- things, we are not even going to allow kind of prosperity brought about be- sulate, a French Consulate, and count- it to come to the floor to debate and cause we had the best infrastructure in less honorary consuls. For all of these offer amendments. Senator CARDIN had the world. We have to rebuild and mod- reasons, I do all I can here in the U.S. several amendments I thought sounded ernize the infrastructure to create op- Senate to promote exports from Lou- like a good idea. A lot of us have portunities for young people. We need isiana. These exports mean jobs in my amendments to the jobs bill, and we to pass the FAST Act. It will make State—from the suppliers, to the man- wanted a chance to offer them. Yet Re- such a difference for our country in the ufacturers, to the shipping companies, publicans—because of this dysfunc- years ahead. to the port workers.

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.054 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6500 CONGRESSIONAL RECORD — SENATE October 13, 2011 I support the trade promotion agree- sumers, we must view trade with Co- ported $103 million of soybeans and ments with Colombia, South Korea, lombia as a marathon, not a sprint. soybean products. This was a 21-per- and Panama. This is because I believe The United States is Colombia’s top cent drop in U.S. soybean exports from that these agreements are fair and supplier today but China is closing fast 2009 to 2010 and followed a 51-percent present excellent opportunities for on our heels. China has increased its drop from 2008 to 2009. Under the TPA, Louisiana companies. Since coming to share of the Colombian market sixfold Colombia will immediately eliminate the Senate in 1996, I have been a strong in the last 10 years. Imports from duties on soybean imports from the supporter of free trade. However, my China increased 47 percent in 2010, com- United States. Colombia will also es- first priority is our local businesses pared to the previous year. At the cur- tablish a 31,200-ton, zero-duty rice tar- and workers in Louisiana. For exam- rent pace, China will displace the iff rate quota for crude soybean oil ple, I voted against the Central Amer- United States as Colombia’s main trad- that will grow 4.5 percent annually. ican Trade Promotion Agreement in ing partner in less than a decade. For Louisiana soybean exports to Colombia 2005. I voted against this agreement be- my part, I do not intend to concede the could increase by more than $600,000 cause I did not feel that the agreement race before it is won. Colombia has per year. Lastly, the country will also was fair. Free trade requires that all long been one our closest allies in phase out its 24-percent tariff for re- players operate on as level a playing South America and is making great fined soybean oil over 5 years. field as possible—accountable to the strides in curbing decades of violence Furthermore, in 2010, the United same labor laws, environmental stand- caused by drug cartels, paramilitaries. States exported $100 million of cotton ards, and governmental intervention. To concede the Colombian market to to Colombia. Under the TPA, Colombia A main reason that I am able to China after years of cooperation on will immediately eliminate duties on strongly support these three agree- economic and strategic interests is un- cotton. Louisiana cotton exports to Co- ments is that the Congress just passed wise. It is particularly unwise and lombia could increase by more than the extension of the Trade Adjustment shortsighted as Colombia is an emerg- $710,000 per year. This provides duty- Assistance, TAA, Program. Congress ing market close to our shores. Colom- free opportunities for Louisiana cotton created TAA in 1962 to help workers bia has also recently signed agree- producers to gain a new partner to spin, cut, and sew our Louisiana cotton and firms adjust to dislocation that ments with Canada, the European for textiles instead of exporting raw may be caused by increased imports. Union, and South Korea that present cotton to China. This could provide a The program assists workers who lose challenges to U.S. companies com- double benefit to the U.S. economy as their jobs or whose hours of work and peting in the country. Other countries our cotton exports to Colombia are wages are reduced as a result of im- are not standing still on trade opportu- used in many apparel items that Co- ports. In 2010 alone, 12 TAA petitions nities with Colombia and neither lombia then exports back to the U.S. were certified in Louisiana, providing should the United States. As of 2010, Colombia was Louisiana’s market. almost $5 million in Federal funds, and Outside of agricultural products, 12th largest export market with $727 most importantly, assisting 1,309 work- there are also benefits to other indus- million in exported goods. This is down ers. tries in Louisiana from increased op- An example of a key business that from highs of $856 million in 2007 and portunities in Colombia. For example, benefitted from TAA is the Georgia Pa- $1.5 billion in 2008. The decline in ex- according to the U.S. International cific plywood plant in Logansport. ports is attributed in large measure to Trade Commission, the TPA will result Georgia Pacific was the largest em- a reduction in U.S. agricultural market in an annual increase of 23 percent, to ployer in Logansport and in October share in Colombia since 2008. U.S. $1.9 million, in U.S. exports in chem- 2007 it announced that it was imme- farmers saw their market share de- ical, rubber, and plastic goods to Co- diately closing its local plywood oper- crease from 46 percent in 2008 to 21 per- lombia. Why is this important to Lou- ation, putting 280 employees out of cent in 2010. The reduction stems in isiana? As you may know, Louisiana work. The Department of Labor deter- part from Colombian agreements with hosts 90 major chemical plants and 300 mined an increase in imports contrib- other countries, such as Argentina and petrochemical manufacturers that di- uted to the plant closure, making these Brazil as well as tariffs on U.S. goods rectly employ 27,000 skilled workers. workers eligible for TAA benefits. Fur- as high as 20 percent. Tariffs result The State supplies infrastructure re- thermore, in November 2008, over 500 from the absence of a bilateral trade quired for world-class manufacturing workers in Bastrop were laid off be- promotion agreement, TPA, between combined with the necessary service cause of the closure of the Inter- the United States and Colombia. That providers—more than 1,000 Louisiana national Paper Mill. I worked closely is a major reason I believe the Colom- service companies support the petro- with U.S. Representative RODNEY bian Trade Promotion Agreement can chemical industry. From 2008 to 2010, 15 ALEXANDER to secure TAA assistance benefit Louisiana. percent of the $937 million in goods ex- for these workers in 2009. These work- According to the U.S. Department of ported to Colombia consisted of chem- ers in Logansport and Bastrop are but Agriculture, Louisiana is currently the ical products. Colombian tariffs on two examples of how important this third largest exporter of rice in the Louisiana chemical exports range as program has been in assisting workers United States with $136 million in total high as 20 percent. Under the TPA, 86 in Louisiana impacted by increased im- rice exports. However, U.S. rice exports percent of U.S. chemical exports would ports. to Colombia currently face tariff rates immediately receive duty-free treat- In terms of the pending trade pro- from 5 to 20 percent. Under the TPA, ment. This will significantly help Lou- motion agreements, in my view, Co- Colombia will establish a 79,000-ton, isiana chemical companies looking to lombia presents the most economic op- zero-duty rice tariff rate quota, TRQ, export to Colombia. portunities for Louisiana businesses. that will grow 4.5 percent annually for Next, under the TPA, Colombia will Colombia is a fast-growing market of 19 years. Louisiana rice exports to Co- immediately eliminate its tariffs on 75 45 million consumers. This makes it lombia could increase by more than percent of U.S. plastics exports. An ex- the second largest country in Latin $3.2 million per year. Funds from com- ample of how this benefits one Lou- America and the third largest economy panies bidding on rights to export rice isiana product is that the State ex- in the region. It purchases more U.S. to Colombia duty free will go to re- ported almost $6 million worth of poly- products than Russia, Spain, Indonesia, search boards in the six biggest rice ethylene, a plastic widely used in pack- or Thailand. The United States is also production States, including Lou- aging materials, to Colombia in 2010. Colombia’s largest trading partner in isiana. This is estimated to be as much This product would see almost $900,000 terms of exports and imports. Two-way as $10 to 12 million per year. in duty savings. trade between the countries accounted As with other agricultural products, Louisiana companies in the oil and for more than $28 billion. since 2008, U.S. soybean exports were gas machinery and services industries While these figures sound promising down significantly to Colombia as the also stand to benefit greatly from the for U.S. exports to Colombia, they do United States lost market share in the TPA. According to the ‘‘Oil and Gas not tell the whole story. In order to country and tariffs ran as high as 20 Journal,’’ Colombia has 1.9 billion bar- keep competing for Colombia’s con- percent. In 2010, the United States ex- rels of proven crude oil reserves in 2011,

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.036 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6501 the fifth largest in South America. to defend against small arms fire, land in Korea from 7 percent to 18 percent These reserves are expected to increase mines, and explosive devices. Both of alone while U.S. market share flipped with the exploration of several new these vehicles have an impressive from 21 percent to 9 percent. So this is blocks that were auctioned in 2010. The track record around the world and are another instance where inaction on a Energy Information Administration vital to the U.S. and coalition forces in bilateral agreement could cost the projects that Colombian oil production Iraq and Afghanistan. Textron builds United States dearly on Korean market will surpass the 1 million barrel per these vehicles for the U.S. Army at share, missed export opportunities, and day mark during the third quarter of their plants in eastern New Orleans most importantly, lost job opportuni- 2012. Also, as of 2010, there were natural and Slidell. ties here at home. gas reserves in Colombia of 4 trillion With the help of the U.S. Foreign Overall, I note that Korea bought $3.9 cubic feet. Because of the huge poten- Commercial Service, Textron was able billion in agricultural products in 2009, tial of these reserves, the Colombian to secure a $45.6 million contract in making Korea our fifth largest agricul- Government has made oil and gas ex- 2009 to provide 39 armored personnel tural export destination. This is de- ploration and production a top pri- carriers for the Colombian Army. spite the fact that Korea’s tariffs on ority. These vehicles were delivered to the imported agricultural products average Currently, Louisiana companies ex- Colombian Army and see daily service 54 percent, compared to the average 9 porting oilfield equipment to Colombia throughout the country protecting percent levied by the United States on face tariffs of 10 percent or higher. their soldiers. Not only did these ex- the same type of imports. According to They also face growing competition, ports help promote peace and security the American Farm Bureau Federa- with 11 percent of the market in 2009 in Colombia, but they allowed Textron tion, exports by American’s ranchers from Chinese companies at lower costs, to maintain its workforce and continue and farmers to Korea will increase by but lower quality and reliability in re- the vehicle line into the future. Tex- almost $1.8 billion every year under the lation to U.S. products. Under the tron was so successful with this first agreement. This is attributed to in- TPA, Colombia will immediately elimi- order that Colombia has requested an- creases in exports of grain, oilseed, nate tariffs on 52 percent of U.S. en- other 38 armored security vehicles. The fiber, fruit, vegetable, and livestock ergy equipment exports. Tariffs on an combined value of both contracts is products. additional 6 percent of exports would more than $80 million. In addition to Louisiana farmers stand to benefit be eliminated after 5 years and the re- these vehicles, Textron is working greatly from these reductions in agri- maining 42 percent would be elimi- closely with the Colombian Govern- cultural tariffs in Korea. For example, nated after 10 years. This allows our ment to create a Center of Excellence as the agreement eliminates tariffs and highly skilled oilfield companies in for vehicle maintenance in the coun- other barriers on most agricultural Louisiana to get more of their quality try. This center would develop mainte- products, this increases export oppor- products into the Colombian market at nance and supply systems to cover all tunities for Louisiana cotton, beef and soybeans. I have heard from my soy- lower prices. the Colombian armored security vehi- I also understand that the U.S.-Co- cles with the potential to cover all bean farmers in Louisiana that they lombia Trade Promotion Agreement other vehicle fleets owned by the gov- have tried in the past to develop a mar- includes strong protections for workers ernment. The company also helped lead ket in Korea, but have had difficulty. rights. These protections were a 2009 trade mission of 12 Louisiana They are optimistic that the agree- strengthened further this year by a companies to Colombia. I applaud Tex- ment will help efforts to establish a labor action plan agreement between tron, as well as our local U.S. Foreign market in Korea—particularly with President Obama and President Santos. Commercial Service staff in New Orle- getting soybean products into Korea’s livestock industry. The concerns this plan addresses are: ans, for promoting these exports in Co- One company that should benefit violence against Colombian labor lombia. Textron is a great example of a from the Korea Trade Promotion union members, inadequate efforts to Louisiana company that has not just Agreement is Pontchartrain Blue Crab. bring murder suspects to justice, and succeeded in tapping this market—they As you know, Korea is the fifth largest insufficient protection of workers continue to succeed in Colombia. Under market for U.S. fish and fish product rights in Colombia. The action plan in- the trade promotion agreement, I am exports. Gary Bauer, owner of Pont- cluded major steps that the Colombian optimistic that more Louisiana compa- chartrain Blue Crab, PBC, has been in Government had to undertake before nies will be able to follow in Textron’s the blue crab fishery for nearly 29 the trade promotion agreement would successful footsteps. years. He began working in the indus- In regards to the South Korea Trade enter in force. Key to these reforms in- try as a commercial fisherman in 1979, cluded the creation of three ministries: Promotion Agreement, this is another where he worked part time to support Labor, Justice and Housing. The new promising, high-growth market for his family. Mr. Bauer then established Labor Ministry will be responsible for U.S. companies. Korea has an economy a seafood dock to service fishermen implementing programs to protect at close to $1 trillion and is the eighth from Lake Pontchartrain. Pont- labor rights. I also believe that the Co- largest trading partner of the United chartrain Blue Crab has grown from 4 lombian Government’s efforts to turn States. Korea’s economy grew 5.8 per- employees to now more than 70 em- the tide on the long-running terrorist cent in the second quarter of 2010 and ployees. insurgency will promote long-term sta- the International Monetary Fund ex- In 2002, PBC was able to create a blue bility in Colombia and the region. This pects it to grow by 6.1 percent in 2010. crab processing plant located in Sli- is because a great deal of the violence There also is currently a trade deficit dell, LA, which then allowed the com- seen in Colombia over the past decades between Korea—$11 billion in 2009. The pany to pasteurize crab into exportable was fueled by drug money funneled to trade promotion agreement is esti- containers. Like other businesses in paramilitary groups and criminal orga- mated by the International Trade Com- south Louisiana, however, it had to re- nizations. As the Colombian Govern- mission to improve the trade balance build its facilities following Hurricane ment has recovered more control over with Korea by $3.3 billion to $4 billion. Katrina. With assistance from the its territory and demobilizing these Lastly, I am aware that as in Colom- Small Business Administration, SBA, groups, it is seeing increased security, bia, the European Union, EU, signed a Mr. Bauer and his company were able social progress and economic growth. trade promotion agreement with South to export into the Korean market. I have presented facts and figures, Korea on July 1, 2011. This agreement Their success in Korea has encouraged but let me give you an example of a eliminated 98.7 percent of the Korean PBC to also look into expanding into Louisiana company that has already tariffs on EU products. U.S. companies the European market in the near fu- had success in Colombia. Textron Ma- are now at a sharp competitive dis- ture. So although PBC is already in the rine and Land Systems, based in New advantage in this growing market. We Korean market, reductions in Korean Orleans, manufactures armored per- used to be Korea’s top trading partner tariffs offer new opportunities for the sonnel carriers and armored security but now have taken a backseat to company. vehicles. They are four-wheeled vehi- China, Japan, and the EU. Over the last There are also benefits to non- cles that have multiple layers of armor decade, China’s market share increased agricultural businesses from this trade

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.036 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6502 CONGRESSIONAL RECORD — SENATE October 13, 2011 promotion agreement. One area that With that in mind, let me give you outstanding accomplishment of scoring will greatly assist Louisiana companies an example of a Louisiana company two five-star ratings from the Centers is reductions on tariffs on chemical ex- currently working in Panama. Baker for Medicare & Medicaid Services, ports. Currently chemical product ex- Sales Inc. of Slidell, LA, is a small CMS, for its Medicare Advantage ports accounted for an average of $360 business that distributes imported health plans. million per year of Louisiana’s exports steel tubing and fencing. When con- This is truly an accomplishment as a to Korea between the years of 2008 to struction slumped during the recession, five-star designation is quite a rarity. 2010. However, Korean chemical tariffs so did demand for steel products. They With fewer than ten plans nationwide average 6 percent but can run as high saw their sales drop 20 percent last receiving this top rating, Martin’s as 50 percent. As such, U.S. exporters of year when oil/gas contractors pulled Point Medicare Advantage plans are chemicals and related products, includ- orders after the Deepwater Horizon dis- among a very select group. They are ing chemicals, organic chemicals, plas- aster. For 30 years, Baker Sales has im- also the only Maine health care organi- tics, and fertilizers will see significant ported steel products and sold them to zation to receive this distinction for reductions in tariffs on their exports to customers largely within a 200-mile ra- 2012. Korea. First, 50 percent of U.S. chem- dius of Slidell. The company has al- The CMS five-star rating system was ical exports will receive duty-free ways wanted to export—particularly developed to help demonstrate the treatment immediately after the recently as they identified opportuni- value of Medicare plans and to help en- agreement enters into force. The re- ties in Panama, where South American sure that they meet specific quality maining tariffs will be phased out over immigrants are moving in, necessi- standards. It provides the nation’s 10 years. Tariffs on such products as tating new housing developments and nearly 48 million Medicare bene- silicon and plastics will also be elimi- high-rises. ficiaries with a tool to compare the nated immediately. President Robert Baker paid $800 for quality of care and customer service The third trade promotion agreement U.S. Commercial Service’s Gold Key is with Panama. It is my under- that Medicare health and drug plans Service last March. He met with a offer. The rating system considers sev- standing that Panama is already a dozen potential clients in Panama over great market for U.S. exports, even eral quality measures, such as success 2 days and one developer he met is in- in providing preventive services like with an uneven playing field. U.S. terested in ordering $100,000 aluminum products entering Panama are subject screenings and vaccines; chronic illness fencing. Thanks to the higher loan lim- management; and ratings of plan re- to tariffs, but most products from Pan- its authorized by the Small Business ama receive duty-free treatment when sponsiveness, care, and customer serv- Jobs Act passed by Congress last year, ice. entering the United States. The trade Baker Sales Inc. received a $3 million Martin’s Point is a not-for-profit promotion agreement will encourage U.S. Small Business Administration health care organization committed to further expansion and diversification 7(a) loan that will help them expand providing the best possible health care of U.S. exports in the country. With a their business by facilitating export experience to its patients and mem- major expansion of the Panama Canal, transactions with buyers in Panama. bers. The organization is comprised of a huge subway project in Panama City They immediately hired two more em- a multispecialty medical group with and development of the world’s fifth ployees because of the loan. As sales to nine primary care health centers in largest copper mine underway, the op- Panama increase—and potential sales Maine and New Hampshire. Martin’s portunities ahead for U.S. companies in to South Korea materialize—the com- Point also administers three health Panama are significant. By entering pany expects to hire more employees. into a bilateral agreement with Pan- In closing, as chair of the U.S. Senate plans: a Medicare Advantage plan in ama, the United States also ensures Committee on Small Business and En- Maine, the U.S. Family Health Plan for that our companies can compete for trepreneurship, I am aware that cash military families and retirees through- contracts on the $5.25 billion Panama registers are not ringing like they used out New England, and a new innovative Canal expansion project. EU and Cana- to for our small businesses around the program called MaineSense for small dian companies currently have the in- country. For this reason, exporting has to medium employers in Maine. Its side track on these contracts because become a practical solution for small Medicare Advantage plans cover more of their bilateral agreements with Pan- businesses looking to survive and grow. than 12,500 Medicare beneficiaries ama. Small businesses across the country across the State of Maine. In terms of Louisiana, agricultural have not only used exporting to weath- Martin’s Point began in the early exports to Panama stand to benefit er the economic storm, they have prov- 1960s in the Camden/Rockport, ME, greatly from the trade promotion en that what helps our entrepreneurs area when Dr. Niles Perkins obtained agreeement. While the benefits for the helps our entire economy. According to federal funding under the Great Soci- Louisiana rice industry as not as great the U.S. Department of Commerce, ety Act of Congress to provide health as with Colombia, duties on U.S. rice U.S. exports supported an estimated 9.2 care services to uninsured or under- exports will be phased out over 20 million jobs in 2010—up from 8.7 mil- insured indigent individuals. These in- years. There will also be two separate lion in 2009. Furthermore, for every bil- dividuals, many of them fisherman and tariff rate quotas established—one for lion dollars of exports, over 5,000 jobs employees of a local fish processing rough rice and one for milled rice. The are supported. As our country digs out plant, didn’t qualify for Medicare, but milled rice TRQ in year one of the of the economic crisis, helping more also couldn’t afford health insurance agreement is 4,240 metric tons and will small businesses export for the first on their own. With the Federal funding increase 6 percent each year before be- time and current exporters reach new obtained, Dr. Niles formed Penobscot coming duty free in year 20. This TRQ countries, should be a top priority. I Bay Medical Association. qill allow for improved access for Lou- believe that small businesses can lead Meanwhile in 1982, Dr. Johann isiana milled rice starting in the agree- us out of this recession by creating new Brower, a colleague of Dr. Perkins at ment’s first year of implementation. and higher paying jobs and lessening Penobscot Bay Medical Associates, As I have indicated before, in 2010 Lou- this trade deficit. These three trade wrote a proposal to purchase some of isiana exported $427 million in soy- promotion agreements will further pro- the land and facilities at Martin’s beans and soybean products abroad. mote small business exports and help Point from the U.S. Government. De- The Louisiana soybean industry will our companies compete in these grow- spite the fact that several other orga- also see Panama lock in its current ing markets. nizations, including Mercy, applied for zero-tariff treatment for soybeans and f the grant, Dr. Brower’s application was soybean meal after the agreement is the only one submitted on time and implemented. Panama is a smaller RECOGNIZING MARTIN’S POINT was accepted. The purchase price was market than Korea or Colombia but HEALTH CARE $1.00, under the conditions that Penob- the country’s geographic proximity to Ms. COLLINS. Madam President, I scot Bay Medical Associates would op- Louisiana presents unique opportuni- rise today to commend Martin’s Point erate the facility as a not-for-profit for ties for our companies. Health Care in Portland, ME, for its 30 years.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.036 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6503 Penobscot Bay Medical Associates, guish one party’s goods and services ship, and unselfish devotion to duty doing business as Martin’s Point, be- from those of others and help many of have resulted in important improve- came a designated uniform service us distinguish between authentic and ments in the resourcing of and stra- treatment facility. Maine military re- counterfeit merchandise. On any given tegic direction of Air Force’s missions. tirees were able to come from all over day, an individual may be exposed to as General Flowers began his career as the State to the facility and have their many as 1,500 trademarks. an enlisted supply warehouseman in care paid for by CHAMPUS. Access to Trademarks are useful tools against August 1965 at Grand Forks Air Force primary care—family medicine, inter- counterfeit goods, which cost the Base. He then served as an air trans- nal medicine and pediatrics—along United States billions of dollars and portation specialist for 4 years begin- with on-site laboratory, dental, optom- many jobs each year, as well as under- ning in September 1967. In 1971, General etry, pharmacy and radiology was mine consumer confidence in brand in- Flowers became an accounting spe- made available to all patients utilizing tegrity when purchasers encounter imi- cialist for the Air Force and served 7 the facility. tation goods of lesser quality. Through years in that role. After his selection In 1996, under the U.S. Family Health the USPTO’s efficient approval process to the grade of master sergeant, Gen- Plan, Martin’s Point was authorized as and registration of trademarks, the eral Flowers was commissioned, fol- a TRICARE prime provider and award- agency assists businesses in protecting lowing graduation from Officer Train- ed their first multimillion-dollar, their investments, promoting goods ing School as a distinguished graduate multiyear contract with the Depart- and services, and safeguarding con- in December 1978. In his first three as- signments as a budget officer, he ment of Defense. This all happened sumers against confusion and decep- served at the squadron, major com- under the direction of Dr. David Howes, tion in the marketplace. mand and air staff levels. In 1990, he who became the president and CEO of This year’s National Trademark was assigned as Chief of the Budget Op- Martin’s Point in 1996. Expo will be held on Friday, October erations Division for Air Combat Com- In the 2000s, Martin’s Point expanded 14, from 10 a.m. to 6 p.m., and Satur- mand, where he later served as the their USHFP membership—they now day, October 15, from 10 a.m. to 4 p.m., chief of budget. have over 35,000 members in Maine, at the USPTO headquarters in Alexan- The general has served on the Joint New Hampshire, Vermont, New York, dria, VA. The Expo will feature edu- Staff as a defense resource manager, and the northern tier of Pennsylvania cational seminars, children’s work- and in 1999 was the director of budget Then, in 2006, they launched their shops, story time, guided tours and programs for the Department of the Generations Advantage plans. These presentations from some of America’s Air Force. General Flowers also served are Medicare Advantage options for leading large corporations, small busi- as the Air Education and Training seniors and persons with disabilities in nesses, governmental agencies and non- Command comptroller. His other as- six Maine counties. They have since ex- profit corporations. signments include director, Center for panded so that in 2010, their Medicare I hope my colleagues will join me in Force Structure, Requirements, Re- Advantage plans are offered in all 16 recognizing the USPTO for its contin- sources and Strategic Assessments at counties in Maine. They serve over ued efforts to educate the public on the Headquarters U.S. Special Operations 12,500 members. important role of trademarks, as well Command, and commander, Air Force In 2008, Martin’s Point became one of as the benefits of the National Trade- Officer Accession and Training the first 40 organizations to become a mark Expo. Schools. Prior to his current assign- prototyping organization in the Insti- f ment, the general was commander, 2nd tute for Healthcare Improvements Tri- ADDITIONAL STATEMENTS Air Force, at Keesler Air Force Base, ple Aim initiative. In 2009, they affili- MS. ated with Bowdoin Medical Group, a Of distinct importance and signifi- large group of physicians with five TRIBUTE TO MAJOR GENERAL cance, as the comptroller for Head- health centers in southern and coastal ALFRED FLOWERS quarters Air Education and Training Maine communities. This acquisition ∑ Command, he budgeted and managed essentially doubled Martin’s Point pro- Mr. COCHRAN. Madam President, I funding of the largest flying hour pro- vider base and patient count—bringing take this opportunity to congratulate gram in the Air Force, involving 542,000 their total number of health centers up MG Alfred K. Flowers, U.S. Air Force, hours annually and 38 percent of the to 9. for his dedicated service to our coun- Air Force’s total flying hour program In November 2010, Martin’s Point try. General Flowers has the distinct and spanning 21 major weapons sys- opened the doors of their new, state-of- honor of being the longest serving tems. As director, Center for Force the-art primary care facility on the Ve- member in the history of the U.S. Air Structure, Requirements and Strategic randa St. peninsula at Martin’s Point. Force, and he is the longest serving ac- Assessments, U.S. Special Operations This flagship facility, designed with tive duty member in the Department of Command, he spearheaded the largest input from providers, patients and Defense. increase in resources and force struc- other clinical employees, is a fitting In his present assignment, General ture for Special Operations Forces in tribute to the patient-focused philos- Flowers serves as the Deputy Assistant the history of U.S. Special Operations ophy of Martin’s Point and helps them Secretary for Budget and is responsible Command. His insightful vision and to realize their unending commitment for planning and directing the Air tireless dedication were instrumental to providing a better health care expe- Force’s budget. Over the last 2 years in in garnering 13,000 additional personnel rience for their patients. this role, he led a team of over 160 mili- and $11 billion in additional funding to Today, Martin’s Point’s Medicare Ad- tary, civilian and contractor profes- enhance and expand Special Operations vantage plans are in the top 3 percent sionals charged on behalf of the Sec- Forces to successfully execute the nationally based on quality. I am de- retary and Chief of Staff of the Air Global War on Terrorism. lighted to recognize Martin’s Point for Force to present to the Congress the As the 2nd Air Force Commander, this accomplishment, and I wish them funding of all Air Force programs. It is General Flowers led the largest trans- all the best in the coming years. his responsibility to organize and formation of basic military training in f present to the Congress annual appro- 50 years, expanding training from 6.5 to priations submissions as well as var- 8.5 weeks. This modernization was vital NATIONAL TRADEMARK EXPO ious overseas contingency operations to providing realistic expeditionary Mr. WARNER. Madam President, I requests. His leadership and his keen combat skills training to prepare en- would like to recognize and express my understanding of the Congress has listed airmen for their deployments. support of the U.S. Patent and Trade- served the Air Force and the security His support of combatant commanders mark Office’s, USPTO, National Trade- interests of our country very well dur- included providing over 14,000 joint ex- mark Expo. ing appearances of the senior leader- peditionary tasking airmen to the area Trademarks are characteristics of a ship of the Air Force before commit- of responsibility and reshaped the role good or service such as a name, sym- tees of the House and Senate. General of the Air Force in Operations Iraqi bol, or sound that identify and distin- Flowers’ vision, inspirational leader- Freedom and Enduring Freedom.

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.008 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6504 CONGRESSIONAL RECORD — SENATE October 13, 2011 Following these assignments, Gen- business, attained the office of Gov- MEASURES REFERRED eral Flowers was well prepared to as- ernor of Wisconsin, served at the high- The following bill was read the first sume his current position as the direc- est level of our military, became Com- and the second times by unanimous tor of the Air Force budget. Under his missioner of Baseball, reached stardom consent, and referred as indicated: direction, this organization developed, on Broadway and in Hollywood, joined H.R. 2433. An act to amend title 38, United established, and cultivated professional the ranks of professional athletes, and States Code, to make certain improvements relationships within the air staff, the even one who got elected U.S. Senator; in the laws relating to the employment and Office of the Secretary of Defense, the each and every graduate a remarkable training of veterans, and for other purposes; Joint Staff, the Army, the Navy, the person who graduated from a remark- to the Committee on Veterans’ Affairs. Marine Corps, and with Members and able place, Washington High School. f staff of the U.S. Congress, significantly Wisconsin’s strong tradition of excel- PETITIONS AND MEMORIALS improving the record of approval of re- lence in education has been shaped by sources necessary to support key Washington High School’s rich, long The following petition or memorial warfighter programs. He provided crit- history filled with a century of proud, was laid before the Senate and was re- ical oversight and direction for over 30 hopeful students, and extremely dedi- ferred or ordered to lie on the table as Air Force appropriations to accurately cated faculty and staff. As alumni from indicated: deliver a nearly $800 billion Future varied graduating classes and walks of POM–63. A concurrent resolution adopted Years’ Defense Program budget to the by the Legislature of the State of Utah ex- life, we gather as one body to celebrate pressing support for an amendment to the Office of the Secretary of Defense on collectively the spirit of our high United States Constitution to balance the time and on target. He has successfully school years, and the achievements, federal budget and restrict tax increases; to completed annual budget submissions made individually and collectively by a the Committee on the Judiciary. of close to $170 billion for fiscal years century of alumni. CONCURRENT RESOLUTION NO. 201 2011, 2012, and 2013 and justified them As all Washington High School alum- Whereas, the Legislature of the state of to the Secretary of Defense, the Office ni have done before, we cheer for the Utah acknowledges that the United States of of Management and Budget, the Con- purple and gold, the Purgolders and ev- America is facing a crippling debt crisis be- gressional Defense Appropriations and erything this fine institution rep- cause of unrestrained spending and irrespon- Authorization Subcommittees and the resents. sible fiscal policies; Congressional Budget Office. General Whereas, a majority of sitting United With a warm welcome to all who States Senators—including all 47 Repub- Flowers’ leadership, sound judgment, cherish and gather to remember, I licans, 10 Democrats, and one Independent— and wise counsel will be sorely missed proudly congratulate Washington High have specifically expressed support for a re- by all. School, my alma mater, on its 100th quirement to balance the federal budget; and I am pleased to commend General anniversary, and my sincere best wish- Whereas, the 112th Congress is currently Flowers for his historic and out- es for 100 more exceptional years.∑ considering the following Constitutional standing service to our country, which Amendment, Senate Joint Resolution 10, which was introduced on March 31, 2011, by is a great example of distinguished f military service. On the occasion of his United States Senators Orrin Hatch and Mike Lee, both from Utah: upcoming retirement, I wish General MESSAGES FROM THE HOUSE ‘‘Resolved by the Senate and House of Rep- Flowers and his family all the very resentatives of the United States of America best in the years to come.∑ At 12:30 p.m., a message from the in Congress assembled (two-thirds of each f House of Representatives, delivered by House concurring therein), That the fol- Mr. Novotny, one of its reading clerks, lowing article is proposed as an amendment 100TH ANNIVERSARY OF announced that the House has passed to the Constitution of the United States, WASHINGTON HIGH SCHOOL the following bill, in which it requests which shall be valid to all intents and pur- poses as part of the Constitution when rati- ∑ Mr. KOHL. Madam President, today I the concurrence of the Senate: recognize and congratulate Washington fied by the legislatures of three-fourths of H.R. 2433. An act to amend title 38, United the several States: High School on the occasion of its States Code, to make certain improvements Article— 100th anniversary. As a proud alumnus, in the laws relating to the employment and Section 1. Total outlays for any fiscal year I take these moments to reflect on the training of veterans, and for other purposes. shall not exceed total receipts for that fiscal purple and gold’s story, success and ac- The message also announced that the year, unless two-thirds of the duly chosen complishments that have endured and sworn Members of each House of Con- House agrees to the amendment of the gress shall provide by law for a specific ex- these past 100 years. Senate to the bill (H.R. 2944) to provide Located in the Sherman Park Neigh- cess of outlays over receipts by a roll call for the continued performance of the vote. borhood of Milwaukee, WI, Washington functions of the United States Parole Section 2. Total outlays for any fiscal year High School, with its never-ending Commission, and for other purposes. shall not exceed 18 percent of the gross do- commitment to excellence, has wel- mestic product of the United States for the comed students through its doors and ENROLLED BILLS SIGNED calendar year ending before the beginning of ushered them out to embrace bright fu- At 1:38 p.m., a message from the such fiscal year, unless two-thirds of the tures for ten decades. Throughout its House of Representatives, delivered by duly chosen and sworn Members of each evolution and changes, Washington Mrs. Cole, one of its reading clerks, an- House of Congress shall provide by law for a specific amount in excess of such 18 percent High School has always provided its nounced that the Speaker has signed the following enrolled bills: by a roll call vote. students with a first class education, Section 3. Prior to each fiscal year, the instilling values and providing skills H.R. 2832. An act to extend the Generalized President shall transmit to the Congress a that help students pursue employment, System of Preferences, and for other pur- proposed budget for the United States Gov- higher education and individual poses. ernment for that fiscal year in which— dreams. H.R. 2944. An act to provide for the contin- (1) total outlays do not exceed total re- Well-known for its focus on tech- ued performance of the functions of the ceipts; and United States Parole Commission, and for (2) total outlays do not exceed 18 percent of nology, the innovative high school cre- other purposes. the gross domestic product of the United ated the first Career Specialty Pro- H.R. 3078. An act to implement the United States for the calendar year ending before gram in 1976 focusing on computers and States-Colombia Trade Promotion Agree- the beginning of such fiscal year. earning the school its reputation as ment. Section 4. Any bill that imposes a new tax ‘‘the computer school.’’ It has been na- H.R. 3079. An act to implement the United or increases the statutory rate of any tax or tionally recognized for its curriculum States-Panama Trade Promotion Agree- the aggregate amount of revenue may pass which builds knowledge and critical ment. only by a two-thirds majority of the duly chosen and sworn Members of each House of thinking skills through the use of tech- H.R. 3080. An act to implement the United States-Korea Free Trade Agreement. Congress by a roll call vote. For the purpose nology. of determining any increase in revenue under The school proudly acclaims each The enrolled bills were subsequently this section, there shall be excluded any in- graduating class including notable signed by the President pro tempore crease resulting from the lowering of the alumni who achieved excellence in (Mr. INOUYE). statutory rate of any tax.

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.035 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6505 Section 5. The limit on the debt of the Adalberto Jose Jordan, of Florida, to be S. 1705. A bill to designate the Department United States shall not be increased, unless United States Circuit Judge for the Eleventh of Veterans Affairs Medical Center in Spo- three-fifths of the duly chosen and sworn Circuit. kane, Washington, as the ‘‘Mann-Grandstaff Members of each House of Congress shall John M. Gerrard, of Nebraska, to be United Department of Veterans Affairs Medical Cen- provide for such an increase by a roll call States District Judge for the District of Ne- ter’’; to the Committee on Veterans’ Affairs. vote. braska. By Mr. LAUTENBERG (for himself, Section 6. The Congress may waive the Mary Elizabeth Phillips, of Missouri, to be Mr. DURBIN, Mr. BLUMENTHAL, and provisions of sections 1, 2, 3, and 5 of this ar- United States District Judge for the Western Mr. HARKIN): ticle for any fiscal year in which a declara- District of Missouri. S. 1706. A bill to amend the Internal Rev- tion of war against a nation-state is in effect Thomas Owen Rice, of Washington, to be enue Code of 1986 to reduce tobacco smug- and in which a majority of the duly chosen United States District Judge for the Eastern gling, and for other purposes; to the Com- and sworn Members of each House of Con- District of Washington. mittee on Finance. gress shall provide for a specific excess by a David Nuffer, of Utah, to be United States By Mr. BURR (for himself, Mr. WEBB, roll call vote. District Judge for the District of Utah. Mr. MORAN, Mr. BOOZMAN, Mr. Section 7. The Congress may waive the Steven R. Frank, of Pennsylvania, to be WICKER, Ms. MURKOWSKI, Mr. BEGICH, provisions of sections 1, 2, 3, and 5 of this ar- United States Marshal for the Western Dis- Mr. COBURN, Mr. ENZI, Mr. THUNE, ticle in any fiscal year in which the United trict of Pennsylvania for the term of four Mr. COCHRAN, and Mr. RISCH): States is engaged in a military conflict that years. S. 1707. A bill to amend title 38, United causes an imminent and serious military Martin J. Pane, of Pennsylvania, to be States Code, to clarify the conditions under threat to national security and is so declared United States Marshal for the Middle Dis- which certain persons may be treated as ad- by three-fifths of the duly chosen and sworn trict of Pennsylvania for the term of four judicated mentally incompetent for certain Members of each House of Congress by a roll years. purposes; to the Committee on Veterans’ Af- call vote. Such suspension must identify and David Blake Webb, of Pennsylvania, to be fairs. be limited to the specific excess of outlays United States Marshal for the Eastern Dis- By Mr. REED (for himself, Mr. BROWN for that fiscal year made necessary by the trict of Pennsylvania for the term of four of Massachusetts, Mr. KERRY, and identified military conflict. years. Mr. WHITEHOUSE): Section 8. No court of the United States or (Nominations without an asterisk S. 1708. A bill to establish the John H. of any State shall order any increase in rev- were reported with the recommenda- Chafee Blackstone River Valley National enue to enforce this article. tion that they be confirmed.) Historical Park, and for other purposes; to Section 9. Total receipts shall include all the Committee on Energy and Natural Re- receipts of the United States Government ex- f sources. cept those derived from borrowing or from INTRODUCTION OF BILLS AND By Mr. CASEY: S. 1709. A bill to temporarily reduce inter- penalties or fines. Total outlays shall in- JOINT RESOLUTIONS clude all outlays of the United States Gov- est rates for certain small business disaster ernment except those for repayment of debt The following bills and joint resolu- loans, and for other purposes; to the Com- principal. tions were introduced, read the first mittee on Small Business and Entrepreneur- Section 10. The Congress shall have power and second times by unanimous con- ship. to enforce and implement this article by ap- sent, and referred as indicated: By Mr. BEGICH (for himself and Ms. MURKOWSKI): propriate legislation, which may rely on es- By Ms. KLOBUCHAR (for herself, Mr. timates of outlays, receipts, and gross do- S. 1710. A bill to designate the United BURR, and Mr. BENNET): States courthouse located at 222 West 7th mestic product. S. 1700. A bill to amend the Federal Food, Section 11. This article shall take effect Avenue, Anchorage, Alaska, as the James M. Drug, and Cosmetic Act with respect to de- Fitzgerald United States Courthouse; to the beginning with the fifth fiscal year begin- vice review determinations and conflicts of ning after its ratification.’’: Now, therefore, Committee on Environment and Public interest, and for other purposes; to the Com- Works. be it mittee on Health, Education, Labor, and Resolved, That the Legislature of the state By Mr. BROWN of Ohio: Pensions. S. 1711. A bill to enhance reciprocal market of Utah, the Governor concurring therein, By Ms. SNOWE (for herself, Mr. NEL- pursuant to Article V of the United States access for United States domestic producers SON of Florida, Mr. BEGICH, Mr. in the negotiating process of bilateral, re- Constitution, would hereby support a Bal- ROCKEFELLER, Mr. WHITEHOUSE, Mrs. anced Budget Amendment to the Constitu- gional, and multilateral trade agreements; GILLIBRAND, and Mr. CARDIN): to the Committee on Finance. tion of the United States proposed by resolu- S. 1701. A bill to amend the Harmful Algal tion of the 112th Congress of the United By Mr. BROWN of Massachusetts (for Blooms and Hypoxia Research and Control himself, Mr. TESTER, Mr. BARRASSO, States in Washington, D.C., described herein, Act of 1998, and for other purposes; to the on March 31, 2011. Be it further and Ms. COLLINS): Committee on Commerce, Science, and S. 1712. A bill to increase transparency in Resolved, That a copy of this resolution be Transportation. the payment of judgments and settlements sent to the legislatures of all 49 other states, By Mr. MORAN (for himself and Mr. by agencies, and for other purposes; to the all members of Utah’s congressional delega- ROBERTS): Committee on the Judiciary. tion, the majority and minority leaders in S. 1702. A bill to provide that the rules of By Mrs. BOXER: the United States Senate and House of Rep- the Environmental Protection Agency enti- S. 1713. A bill to establish a timely and ex- resentatives, the Vice President of the tled ‘‘National Emission Standards for Haz- peditious process for voting on the statutory United States, and the Speaker of the United ardous Air Pollutants for Reciprocating In- debt limit; to the Committee on Finance. States House of Representatives, with a re- ternal Combustion Engines’’ have no force or f quest that it be printed in the Congressional effect with respect to existing stationary Record. compression and spark ignition recipro- SUBMISSION OF CONCURRENT AND f cating internal combustion engines operated SENATE RESOLUTIONS by certain persons and entities for the pur- REPORTS OF COMMITTEES pose of generating electricity or operating a The following concurrent resolutions water pump; to the Committee on Environ- and Senate resolutions were read, and The following reports of committees referred (or acted upon), as indicated: were submitted: ment and Public Works. By Mr. PRYOR (for himself, Mr. BINGA- By Mr. LEVIN (for himself, Ms. STABE- By Mr. LEAHY, from the Committee on MAN, Ms. MURKOWSKI, Mr. BEGICH, NOW, Mr. BROWN of Ohio, Mr. CASEY, the Judiciary, with an amendment in the na- Mr. COONS, Mr. BURR, and Mr. and Mr. KERRY): ture of a substitute: TESTER): S. Res. 293. A resolution celebrating the 10- S. 1301. A bill to authorize appropriations S. 1703. A bill to amend the Department of year commemoration of the Underground for fiscal years 2012 to 2015 for the Traf- Energy Organization Act to require a Quad- Railroad Memorial, comprised of the Gate- ficking Victims Protection Act of 2000, to en- rennial Energy Review, and for other pur- way to Freedom Monument in Detroit, hance measures to combat trafficking in per- poses; to the Committee on Energy and Nat- Michigan, and the Tower of Freedom Monu- son, and for other purposes. ural Resources. ment in Windsor, Ontario, Canada; consid- f By Ms. AYOTTE (for herself and Mr. ered and agreed to. REED): By Mr. WICKER: EXECUTIVE REPORTS OF S. 1704. A bill to amend title 10, United S. Con. Res. 30. A concurrent resolution COMMITTEE States Code, to modify certain authorities supporting the goals and ideals of Spina relating to the strategic airlift aircraft force Bifida Awareness Month; to the Committee The following executive reports of structure of the Air Force; to the Committee on Health, Education, Labor, and Pensions. nominations were submitted: on Armed Services. By Mr. ISAKSON: By Mr. LEAHY for the Committee on the By Mrs. MURRAY (for herself and Ms. S. Con. Res. 31. A concurrent resolution di- Judiciary. CANTWELL): recting the Secretary of the Senate to make

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.018 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6506 CONGRESSIONAL RECORD — SENATE October 13, 2011 a correction in the enrollment of S. 1280; (Mrs. BOXER) was added as a cosponsor tection Act of 2000, to enhance meas- considered and agreed to. of S. 595, a bill to amend title VIII of ures to combat trafficking in person, f the Elementary and Secondary Edu- and for other purposes. ADDITIONAL COSPONSORS cation Act of 1965 to require the Sec- S. 1487 retary of Education to complete pay- At the request of Mr. JOHNSON of Wis- S. 35 ments under such title to local edu- consin, his name was withdrawn as a At the request of Mr. LAUTENBERG, cational agencies eligible for such pay- the name of the Senator from Hawaii cosponsor of S. 1487, a bill to authorize ments within 3 fiscal years. (Mr. AKAKA) was added as a cosponsor the Secretary of Homeland Security, in of S. 35, a bill to establish background S. 596 coordination with the Secretary of check procedures for gun shows. At the request of Mr. WYDEN, the State, to establish a program to issue Asia-Pacific Economic Cooperation S. 84 name of the Senator from North Caro- Business Travel Cards, and for other At the request of Mr. VITTER, the lina (Mrs. HAGAN) was added as a co- name of the Senator from Indiana (Mr. sponsor of S. 596, a bill to establish a purposes. LUGAR) was added as a cosponsor of S. grant program to benefit victims of sex S. 1494 84, a bill to amend the Internal Rev- trafficking, and for other purposes. At the request of Mrs. BOXER, the enue Code of 1986 to allow refunds of S. 707 name of the Senator from Montana Federal motor fuel excise taxes on At the request of Mr. DURBIN, the (Mr. BAUCUS) was added as a cosponsor fuels used in mobile mammography ve- names of the Senator from Colorado of S. 1494, a bill to reauthorize and hicles. (Mr. BENNET), the Senator from Massa- amend the National Fish and Wildlife S. 306 chusetts (Mr. KERRY), the Senator from Foundation Establishment Act. At the request of Mr. WEBB, the name Oregon (Mr. WYDEN) and the Senator S. 1514 of the Senator from New Mexico (Mr. from New Jersey (Mr. MENENDEZ) were At the request of Mr. TESTER, the UDALL) was added as a cosponsor of S. added as cosponsors of S. 707, a bill to name of the Senator from Florida (Mr. 306, a bill to establish the National amend the Animal Welfare Act to pro- NELSON) was added as a cosponsor of S. Criminal Justice Commission. vide further protection for puppies. 1514, a bill to authorize the President S. 362 S. 797 to award a gold medal on behalf of the At the request of Mr. WHITEHOUSE, At the request of Ms. MIKULSKI, the Congress to Elouise Pepion Cobell, in the name of the Senator from Illinois name of the Senator from New Mexico recognition of her outstanding and en- (Mr. DURBIN) was added as a cosponsor (Mr. UDALL) was added as a cosponsor during contributions to American Indi- of S. 362, a bill to amend the Public of S. 797, a bill to amend the Fair ans, Alaska Natives, and the Nation Health Service Act to provide for a Labor Standards Act of 1938 to provide through her tireless pursuit of justice. Pancreatic Cancer Initiative, and for more effective remedies to victims of S. 1541 other purposes. discrimination in the payment of At the request of Mr. BENNET, the S. 434 wages on the basis of sex, and for other names of the Senator from California At the request of Mr. COCHRAN, the purposes. (Mrs. BOXER) and the Senator from Ne- name of the Senator from Hawaii (Mr. S. 877 vada (Mr. HELLER) were added as co- AKAKA) was added as a cosponsor of S. At the request of Mr. HATCH, the sponsors of S. 1541, a bill to revise the 434, a bill to improve and expand geo- name of the Senator from Alabama Federal charter for the Blue Star graphic literacy among kindergarten (Mr. SESSIONS) was added as a cospon- Mothers of America, Inc. to reflect a through grade 12 students in the United sor of S. 877, a bill to prevent taxpayer- change in eligibility requirements for States by improving professional devel- funded elective abortions by applying membership. opment programs for kindergarten the longstanding policy of the Hyde S. 1616 through grade 12 teachers offered amendment to the new health care law. At the request of Mr. MENENDEZ, the through institutions of higher edu- cation. S. 1107 name of the Senator from Florida (Mr. NELSON) was added as a cosponsor of S. S. 471 At the request of Mr. MENENDEZ, the 1616, a bill to amend the Internal Rev- At the request of Ms. STABENOW, the name of the Senator from North Caro- enue Code of 1986 to exempt certain name of the Senator from Wisconsin lina (Mrs. HAGAN) was added as a co- stock of real estate investment trusts (Mr. KOHL) was added as a cosponsor of sponsor of S. 1107, a bill to authorize from the tax on foreign investments in S. 471, a bill to require the Secretary of and support psoriasis and psoriatic ar- United States real property interests, the Army to study the feasibility of thritis data collection, to express the and for other purposes. the hydrological separation of the sense of the Congress to encourage and Great Lakes and Mississippi River Ba- leverage public and private investment S. 1675 sins. in psoriasis research with a particular At the request of Mr. MERKLEY, the S. 481 focus on interdisciplinary collaborative name of the Senator from New York At the request of Mr. HARKIN, the research on the relationship between (Mr. SCHUMER) was added as a cospon- name of the Senator from New Jersey psoriasis and its comorbid conditions, sor of S. 1675, a bill to improve student (Mr. LAUTENBERG) was added as a co- and for other purposes. academic achievement in science, tech- sponsor of S. 481, a bill to enhance and S. 1241 nology, engineering, and mathematics further research into the prevention At the request of Mr. RUBIO, the subjects. and treatment of eating disorders, to name of the Senator from Tennessee S. 1676 improve access to treatment of eating (Mr. CORKER) was added as a cosponsor At the request of Mr. THUNE, the disorders, and for other purposes. of S. 1241, a bill to amend title 18, names of the Senator from Wyoming S. 545 United States Code, to prohibit taking (Mr. ENZI), the Senator from Georgia At the request of Mr. UDALL of Colo- minors across State lines in cir- (Mr. ISAKSON) and the Senator from rado, the name of the Senator from cumvention of laws requiring the in- Utah (Mr. LEE) were added as cospon- New Mexico (Mr. UDALL) was added as volvement of parents in abortion deci- sors of S. 1676, a bill to amend the In- a cosponsor of S. 545, a bill to amend sions. ternal Revenue Code of 1986 to provide the Energy Employees Occupational S. 1301 for taxpayers making donations with Illness Compensation Program Act of At the request of Mr. LEAHY, the their returns of income tax to the Fed- 2000 to strengthen the quality control names of the Senator from Florida (Mr. eral Government to pay down the pub- measures in place for part B lung dis- NELSON), the Senator from Michigan lic debt. ease claims and part E processes with (Ms. STABENOW) and the Senator from S. 1680 independent reviews. Illinois (Mr. DURBIN) were added as co- At the request of Mr. CONRAD, the S. 595 sponsors of S. 1301, a bill to authorize name of the Senator from Oklahoma At the request of Mrs. MURRAY, the appropriations for fiscal years 2012 to (Mr. INHOFE) was added as a cosponsor name of the Senator from California 2015 for the Trafficking Victims Pro- of S. 1680, a bill to amend title XVIII of

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.012 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6507 the Social Security Act to protect and of dollars to our regional economy. Red program to mitigate and control HAB preserve access of Medicare bene- tide outbreaks—which occur in various outbreaks. ficiaries in rural areas to health care forms not just in the northeast, but This bill also recognizes the need to providers under the Medicare program, along thousands of miles of U.S. coast- enhance coordination among state and and for other purposes. line—have increased dramatically in local resource managers—those on the S. 1694 the Gulf of Maine in the last 20 years, front lines who must make the deci- At the request of Mr. MCCAIN, the with major blooms occurring almost sions to close beaches or shellfish beds. name of the Senator from South Caro- every year. Their decisions are critical to pro- In 2009, Maine’s shellfish industry ex- lina (Mr. GRAHAM) was added as a co- tecting human health, but can also im- sponsor of S. 1694, a bill to limit the perienced a severe economic crisis as pose significant economic impacts. The use of cost-type contracts by the De- result of extensive rainfall and subse- bill would require development of Re- partment of Defense for major defense quent outbreak of red tide. The result- gional Research and Action Plans to acquisition programs. ing closure of 97 percent of the State’s identify baseline research, possible shellfish beds and 100 percent of the off- State and local government actions to S. RES. 291 shore beds in federal waters for several prepare for and mitigate the impacts of At the request of Mr. MENENDEZ, the months during the peak harvesting HABs, and establish outreach strate- names of the Senator from Connecticut season was even more damaging to the gies to ensure the public is informed of (Mr. LIEBERMAN), the Senator from shellfish industry and coastal economy the dangers these events can present. A Ohio (Mr. BROWN) and the Senator from than previous outbreaks in 2005 and regional focus on these issues will en- New Jersey (Mr. LAUTENBERG) were 2008. In December 2010, Department of sure a more effective and efficient re- added as cosponsors of S. Res. 291, a Commerce Secretary Locke found that sponse to future events. Finally, this resolution recognizing the religious the 2009 red tide bloom had caused a bill would provide for research, re- and historical significance of the fes- commercial fishery failure. Despite the sponse and mitigation of harmful algal tival of Diwali. recognition of their losses, fishermen blooms annypoxia in fresh water sys- f have never received any economic as- tems. STATEMENTS ON INTRODUCED sistance or compensation for the 2009 If enacted, this critical reauthoriza- BILLS AND JOINT RESOLUTIONS fishery disaster. tion would greatly enhance our Na- The HABs and hypoxia programs are tion’s ability to predict, monitor, miti- By Ms. SNOWE (for herself, Mr. critical to Maine’s $50 million shellfish gate, and control outbreaks of HABs NELSON of Florida, Mr. BEGICH, industry and the 3000 jobs that depend and hypoxia. Over half the U.S. popu- Mr. ROCKEFELLER, Mr. WHITE- on it. Luckily, we have not experienced lation resides in coastal regions, and HOUSE, Mrs. GILLIBRAND, and strong blooms in 2010 and 2011, and re- we must do all in our power to safe- Mr. CARDIN). cent years have seen an increase in guard not only their health and the S. 1701. A bill to amend the Harmful testing capabilities that allow for finer health of the marine environment, but Algal Blooms and Hypoxia Research scale monitoring so that localized we must also protect the jobs that de- and Control Act of 1998, and for other areas may remain open during an pend on it. The existing Harmful Algal purposes; to the Committee on Com- event. These critical procedures are a Bloom and Hypoxia Program has merce, Science, and Transportation. direct result of programs established achieved a great deal already, and this Ms. SNOWE. Mr. President, I rise by the Harmful Algal Blooms and Hy- authorization will allow it to continue today to introduce the Harmful Algal poxia Research and Control Acts of 1998 providing such a vital service to the Blooms and Hypoxia Research and Con- and 2004. nation. I thank Senator BILL NELSON, trol Amendments Act of 2011. This bill While we have made great strides in and all of my cosponsors again for would enhance the research programs bloom prediction and monitoring, it is their efforts in developing this impor- established in the Harmful Algal clear that these problems are con- tant legislation. Blooms and Hypoxia Research and Con- tinuing to increase in magnitude and Mr. President, I ask unanimous con- trol Act of 1998 and reauthorized in demand our ongoing commitment and sent that the text of the bill be printed 2004, which have greatly enhanced our attention. Harmful algal blooms re- in the RECORD. ability to predict outbreaks of harmful main prevalent nationwide, and areas There being no objection, the text of algal blooms, HABs, and the extent of of hypoxia, also known as ‘‘dead zones’’ the bill was ordered to be printed in hypoxic zones. But knowing when out- are now occurring with increasing fre- the RECORD, as follows: breaks will occur is only half the bat- quency. Within a dead zone, oxygen S. 1701 tle. This bill addresses not only the levels plummet to the point at which Be it enacted by the Senate and House of Rep- mitigation and prevention of HABs and they can no longer sustain life, driving resentatives of the United States of America in hypoxia, but also prioritizes the effec- out animals that can move, and killing Congress assembled, tive transition of research products those that cannot. The most infamous SECTION 1. SHORT TITLE. into implementable actions that state dead zone occurs annually in the Gulf This Act may be cited as the ‘‘Harmful and local governments can take to of Mexico, off the shores of Louisiana. Algal Blooms and Hypoxia Research and minimize adverse impacts. This area, averaging 6700 square miles Control Amendments Act of 2011’’. I am proud to continue my leadership in size over the last 5 years, is exacer- SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM on this important issue and I particu- bating the already difficult recovery of AND HYPOXIA RESEARCH AND CON- larly want to thank my counterpart on TROL ACT OF 1998. the Gulf region from last year’s dev- Except as otherwise expressly provided, this key piece of legislation, Senator astating oil spill. Dead zones are also whenever in this Act an amendment or re- BILL NELSON. I also want to thank the occurring in more areas than ever be- peal is expressed in terms of an amendment bill’s additional co-sponsors, Senators fore, including off the coasts of Oregon to, or repeal of, a section or other provision, BEGICH, ROCKEFELLER, WHITEHOUSE, and Texas, and in the Chesapeake Bay. the reference shall be considered to be made GILLIBRAND and CARDIN for their sup- The amendments contained in this to a section or other provision of the Harm- port. legislation would enhance the Nation’s ful Algal Bloom and Hypoxia Research and In New England blooms of ability to predict, monitor, and ulti- Control Act of 1998 (16 U.S.C. 1451 note). Alexandrium algae, more commonly mately control harmful algal blooms SEC. 3. FINDINGS. known as ‘‘red tide’’ can cause shellfish and hypoxia. Understanding when Section 602 is amended to read as follows: to accumulate toxins that when con- these blooms will occur is vital, but ‘‘§ 602. Findings sumed by humans lead to paralytic the time has come to take this pro- ‘‘Congress finds the following: shellfish poisoning, PSP, a potentially gram to the next level—to determine ‘‘(1) Harmful algal blooms and hypoxia— fatal neurological disorder. Therefore, not just when an outbreak will occur, ‘‘(A) are increasing in frequency and inten- sity in the Nation’s coastal waters and Great when levels of Alexandrium reach dan- but how to reduce its intensity or pre- Lakes; gerous levels, our fishery managers are vent its occurrence all together. This ‘‘(B) pose a threat to the health of coastal forced to close shellfish beds that pro- bill would build on NOAA’s successes in and Great Lakes ecosystems; vide hundreds of jobs and add millions research and forecasting by creating a ‘‘(C) are costly to coastal economies; and

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.014 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6508 CONGRESSIONAL RECORD — SENATE October 13, 2011 ‘‘(D) threaten the safety of seafood and (2) in paragraph (11), by striking ‘‘and’’; ‘‘(2) prepare work and spending plans for human health. (3) by redesignating paragraph (12) as para- implementing the activities of the Program ‘‘(2) Excessive nutrients in coastal waters graph (13); and developing and implementing the re- have been linked to the increased intensity (4) by inserting after paragraph (11) the fol- gional research and action plans; and frequency of hypoxia and some harmful lowing: ‘‘(3) administer merit-based, competitive algal blooms. There is a need to identify ‘‘(12) The Centers for Disease Control; grant funding— more workable and effective actions to re- and’’; and ‘‘(A) to support the projects maintained duce the negative impacts of harmful algal (5) in paragraph (13), as redesignated, by and established by the Program; and blooms and hypoxia on coastal waters. striking ‘‘such’’. ‘‘(B) to address the research and manage- ‘‘(3) The National Oceanic and Atmos- SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND ment needs and priorities identified in the pheric Administration, through its ongoing HYPOXIA PROGRAM. regional research and action plans; research, monitoring, observing, education, The Act is amended by inserting after sec- ‘‘(4) coordinate and work cooperatively grant, and coastal resource management pro- tion 603 the following: with regional, State, tribal, and local gov- grams and in collaboration with the other ‘‘§ 603A. National harmful algal bloom and hy- ernment agencies and programs that address Federal agencies on the Inter-Agency Task poxia program marine and freshwater harmful algal blooms Force on Harmful Algal Blooms and Hy- ‘‘(a) ESTABLISHMENT.—Except as provided and hypoxia; poxia, along with States, Indian tribes, and in subsection (d), the Under Secretary, act- ‘‘(5) coordinate with the Secretary of State local governments, possesses the capabilities ing through the Task Force established to support international efforts on marine necessary to support a near and long-term under section 603, shall establish and main- and freshwater harmful algal bloom and hy- comprehensive effort to prevent, reduce, and tain a national harmful algal bloom and hy- poxia information sharing, research, mitiga- control the human and environmental costs poxia program. tion, control, and response activities; of harmful algal blooms and hypoxia. ‘‘(b) ACTION STRATEGY.— ‘‘(6) identify additional research, develop- ‘‘(4) Increases in nutrient loading from ‘‘(1) IN GENERAL.—Not later than 1 year ment, and demonstration needs and prior- point and nonpoint sources can trigger and after the date of enactment of the Harmful ities relating to monitoring, prevention, con- exacerbate harmful algal blooms and hy- Algal Blooms and Hypoxia Research and trol, mitigation, and response to marine and poxia. Since much of the increases originate Control Amendments Act of 2011, the Task freshwater harmful algal blooms and hy- in upland areas and are delivered to marine Force shall develop a national harmful algal poxia, including methods and technologies to and freshwater bodies via river discharge, in- blooms and hypoxia action strategy that— protect the ecosystems affected by marine tegrated and landscape-level research and ‘‘(A) is consistent with the purposes under and freshwater harmful algal blooms and hy- control strategies are required. section 602A; poxia; ‘‘(5) Harmful algal blooms and hypoxia af- ‘‘(B) includes a statement of goals and ob- ‘‘(7) integrate, coordinate, and augment ex- fect many sectors of the coastal economy, jectives; and isting education programs to improve public including tourism, public health, and rec- ‘‘(C) includes an implementation plan. understanding and awareness of the causes, reational and commercial fisheries. Accord- ‘‘(2) PUBLICATION.—Not later than 30 days impacts, and mitigation efforts for marine ing to a recent report produced by the Na- after the date that the action strategy is de- and freshwater harmful algal blooms and hy- tional Oceanic and Atmospheric Administra- veloped, the Task Force shall— poxia; ‘‘(8) facilitate and provide resources to tion, the United States seafood, restaurant, ‘‘(A) submit the action strategy to Con- train State and local coastal and water re- and tourism industries suffer estimated an- gress; and source managers in the methods and tech- nual losses of at least $82,000,000 due to the ‘‘(B) publish the action strategy in the nologies for monitoring, controlling, and economic impacts of harmful algal blooms. Federal Register. mitigating marine and freshwater harmful ‘‘(6) The proliferation of harmful and nui- ‘‘(3) PERIODIC REVISION.—The Task Force algal blooms and hypoxia; sance algae can occur in all United States shall periodically review and revise the ac- ‘‘(9) support regional efforts to control and waters, including coastal areas (such as estu- tion strategy, as necessary. ASK ORCE UNCTIONS mitigate outbreaks through— aries), the Great Lakes, and inland water- ‘‘(c) T F F .—The Task Force shall— ‘‘(A) communication of the contents of the ways, crossing political boundaries and ne- ‘‘(1) coordinate interagency review of plans regional research and action plans and main- cessitating regional coordination for re- and policies of the Program; tenance of online data portals for other in- search, monitoring, mitigation, response, ‘‘(2) assess interagency work and spending formation about harmful algal blooms and and prevention efforts. plans for implementing the activities of the hypoxia to State and local stakeholders ‘‘(7) Federally funded and other research Program; within the region for which each plan is de- has led to several technological advances, in- ‘‘(3) review the Program’s distribution of veloped; and cluding remote sensing, molecular and opti- Federal grants and funding to address re- ‘‘(B) overseeing the development, review, cal tools, satellite imagery, and coastal and search priorities; and periodic updating of regional research ocean observing systems, that— ‘‘(4) support the implementation of the ac- and action plans; ‘‘(A) provide data for forecast models; tions and strategies identified in the re- ‘‘(10) convene at least 1 meeting of the ‘‘(B) improve the monitoring and pre- gional research and action plans under sec- Task Force each year; and diction of these events; and tion 603B; ‘‘(11) perform such other tasks as may be ‘‘(C) provide essential decision making ‘‘(5) support the development of institu- delegated by the Task Force. tools for managers and stakeholders.’’. tional mechanisms and financial instru- ‘‘(f) NATIONAL OCEANIC AND ATMOSPHERIC SEC. 4. PURPOSES. ments to further the goals of the Program; ADMINISTRATION ACTIVITIES.—The Under Sec- The Act is amended by inserting after sec- ‘‘(6) coordinate and integrate the research retary shall— tion 602 the following: of all Federal programs, including ocean and ‘‘(1) maintain and enhance the existing ‘‘§ 602A. Purposes Great Lakes science and management pro- competitive programs at the National Oce- ‘‘The purposes of this title are— grams and centers, that address the chem- anic and Atmospheric Administration relat- ‘‘(1) to provide for the development and co- ical, biological, and physical components of ing to marine and freshwater algal blooms ordination of a comprehensive and inte- marine and freshwater harmful algal blooms and hypoxia; grated national program to address harmful and hypoxia; ‘‘(2) carry out marine and Great Lakes algal blooms and hypoxia through baseline ‘‘(7) expedite the interagency review proc- harmful algal bloom and hypoxia events re- research, monitoring, prevention, mitiga- ess by ensuring timely review and dispersal sponse activities; tion, and control; of required reports and assessments under ‘‘(3) establish new programs and infrastruc- ‘‘(2) to provide for the assessment of envi- this title; ture, as necessary, to develop and enhance ronmental, socioeconomic, and human ‘‘(8) promote the development of new tech- the critical observations, monitoring, mod- health impacts of harmful algal blooms and nologies for predicting, monitoring, and eling, data management, information dis- hypoxia on a regional and national scale, and mitigating harmful algal blooms and hy- semination, and operational forecasts re- to integrate this assessment into marine and poxia conditions; and quired to meet the purposes under section freshwater resource decisions; and ‘‘(9) establish such interagency working 602A; ‘‘(3) to facilitate regional, State, tribal, groups as it considers necessary. ‘‘(4) enhance communication and coordina- and local efforts to develop and implement ‘‘(d) LEAD FEDERAL AGENCY.—The National tion among Federal agencies carrying out appropriate harmful algal bloom and hy- Oceanic and Atmospheric Administration marine and freshwater harmful algal bloom poxia response plans, strategies, and tools, shall have primary responsibility for admin- and hypoxia activities; and including outreach programs and informa- istering the Program. ‘‘(5) increase the availability to appro- tion dissemination mechanisms.’’. ‘‘(e) PROGRAM DUTIES.—In administering priate public and private entities of— SEC. 5. INTER-AGENCY TASK FORCE ON HARM- the Program, the Under Secretary shall— ‘‘(A) analytical facilities and technologies; FUL ALGAL BLOOMS AND HYPOXIA. ‘‘(1) develop and promote a national strat- ‘‘(B) operational forecasts; and Section 603(a) is amended— egy to understand, detect, predict, control, ‘‘(C) reference and research materials. (1) by striking ‘‘the following representa- mitigate, and respond to marine and fresh- ‘‘(g) COOPERATIVE EFFORTS.—The Under tives from’’ and inserting ‘‘a representative water harmful algal bloom and hypoxia Secretary shall work cooperatively and from’’; events; avoid duplication of effort with other offices,

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.015 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6509 centers, and programs within the National ‘‘(iv) to address human health dimensions ‘‘(B) updated not less than once every 5 Oceanic and Atmospheric Administration, of harmful algal blooms and hypoxia; and years after the completion of the regional re- other agencies on the Task Force, and ‘‘(v) to identify and protect vulnerable eco- search and action plan. States, tribes, and nongovernmental organi- systems that could be, or have been, affected ‘‘(f) FUNDING.— zations concerned with marine and fresh- by harmful algal blooms and hypoxia; ‘‘(1) IN GENERAL.—Subject to available ap- water issues to coordinate harmful algal ‘‘(E) mechanisms by which data, informa- propriations, the Under Secretary shall blooms and hypoxia (and related) activities tion, and products are transferred between make funding available to eligible organiza- and research. the Program and State, tribal, and local gov- tions to implement the research, monitoring, ‘‘(h) FRESHWATER PROGRAM.—With respect ernments and research entities; forecasting, modeling, and response actions to the freshwater aspects of the Program, ex- ‘‘(F) communication, outreach and infor- included under each approved regional re- cept for those aspects occurring in the Great mation dissemination efforts that State, search and action plan. The Program shall Lakes, the Administrator of the Environ- tribal, and local governments and stake- select recipients through a merit-based, mental Protection Agency, in consultation holder organizations can take to educate and competitive process and seek to fund re- with the Under Secretary, through the Task inform the public about harmful algal search proposals that most effectively align Force, shall— blooms and hypoxia and alternative coastal with the research priorities identified in the ‘‘(1) carry out the duties assigned to the resource-utilization opportunities that are relevant regional research and action plan. Under Secretary under this section and sec- available; and ‘‘(2) APPLICATION; ASSURANCES.—An organi- tion 603B, including the activities under sub- ‘‘(G) the roles that Federal agencies can zation seeking funding under this subsection section (g); play to facilitate implementation of the re- shall submit an application to the Program ‘‘(2) research the ecology of freshwater gional research and action plan for that re- at such time, in such form and manner, and harmful algal blooms; gion. containing such information and assurances ‘‘(3) monitor and respond to freshwater ‘‘(c) CONSULTATION.—In developing a re- as the Program may require. The Program harmful algal blooms events in lakes (except gional research and action plan under this shall require each eligible organization re- for the Great Lakes), rivers, and reservoirs; section, the Under Secretary shall— ceiving funds under this subsection to utilize ‘‘(4) mitigate and control freshwater harm- ‘‘(1) coordinate with State coastal manage- the mechanisms under subsection (b)(2)(E) to ful algal blooms; and ment and planning officials; ensure the transfer of data and products de- ‘‘(5) recommend the amount of funding re- ‘‘(2) coordinate with tribal resource man- veloped under the regional research and ac- quired to carry out subsection (g) for inclu- agement officials; tion plan. sion in the President’s annual budget request ‘‘(3) coordinate with water management ‘‘(3) ELIGIBLE ORGANIZATION.—In this sub- to Congress. and watershed officials from coastal States section, the term ‘‘ ‘eligible organization’ ’’ ‘‘(i) INTEGRATED COASTAL AND OCEAN OB- and noncoastal States with water sources means— SERVATION SYSTEM.—The collection of moni- that drain into water bodies affected by ‘‘(A) an institution of higher education, toring and observation data under this title harmful algal blooms and hypoxia; other non-profit organization, State, tribal, shall comply with all data standards and ‘‘(4) coordinate with the Administrator and or local government, commercial organiza- protocols developed pursuant to the Inte- other Federal agencies as the Under Sec- tion, or Federal agency that meets the re- grated Coastal and Ocean Observation Sys- retary considers appropriate; and quirements of this section and such other re- tem Act of 2009 (33 U.S.C. 3601 et seq.). Such ‘‘(5) consult with— quirements as may be established by the data shall be made available through the ‘‘(A) public health officials; Under Secretary; and system established under that Act.’’. ‘‘(B) emergency management officials; ‘‘(B) with respect to nongovernmental or- SEC. 7. REGIONAL RESEARCH AND ACTION ‘‘(C) science and technology development ganizations, an organization that is subject PLANS. institutions; to regulations promulgated or guidelines The Act, as amended by section 6 of this ‘‘(D) economists; issued to carry out this section, including Act, is further amended by inserting after ‘‘(E) industries and businesses affected by section 603A the following: United States audit requirements that are marine and freshwater harmful algal blooms applicable to nongovernmental organiza- ‘‘§ 603B. Regional research and action plans and hypoxia; tions.’’. ‘‘(a) IN GENERAL.—In administering the ‘‘(F) scientists, with expertise concerning Program, the Under Secretary shall— harmful algal blooms or hypoxia, from aca- SEC. 8. REPORTING. ‘‘(1) identify appropriate regions and sub- demic or research institutions; and Section 603 is amended by adding at the regions to be addressed by each regional re- ‘‘(G) other stakeholders. end the following: search and action plan; and ‘‘(d) BUILDING ON AVAILABLE STUDIES AND ‘‘(j) REPORT.—Not later than 2 years after ‘‘(2) oversee the development and imple- INFORMATION.—In developing a regional re- the submission of the action strategy under mentation of the regional research and ac- search and action plan under this section, section 603A, the Under Secretary shall sub- tion plans. the Under Secretary shall— mit a report to the appropriate congressional ‘‘(b) PLAN DEVELOPMENT.—The Under Sec- ‘‘(1) utilize and build on existing research, committees that describes— retary shall— assessments, reports, including those carried ‘‘(1) the proceedings of the annual Task ‘‘(1) develop and submit to the Task Force out under existing law, and other relevant Force meetings; for approval a regional research and action sources; and ‘‘(2) the activities carried out under the plan for each region, that builds upon any ‘‘(2) consider the impacts, research, and ex- Program and the regional research and ac- existing State or regional plans the Under isting program activities of all United States tion plans, and the budget related to the ac- Secretary considers appropriate; and coastlines and fresh and inland waters, in- tivities; ‘‘(2) identify appropriate elements for each cluding the Great Lakes, the Chesapeake ‘‘(3) the progress made on implementing region, including— Bay, estuaries, and tributaries. the action strategy; and ‘‘(A) baseline ecological, social, and eco- ‘‘(e) SCHEDULE.—The Under Secretary ‘‘(4) any need to revise or terminate activi- nomic research needed to understand the bi- shall— ties or projects under the Program. ological, physical, and chemical conditions ‘‘(1) begin developing the regional research ‘‘(k) PROGRAM REPORT.—Not later than 5 that cause, exacerbate, and result from and action plans for at least a third of the years after the date of enactment of the harmful algal blooms and hypoxia; regions not later than 9 months after the Harmful Algal Blooms and Hypoxia Research ‘‘(B) regional priorities for ecological and date of the enactment of the Harmful Algal and Control Amendments Act of 2011, the socio-economic research on issues related to Blooms and Hypoxia Research and Control Task Force shall submit a report on harmful and impacts of harmful algal blooms and hy- Amendments Act of 2011; algal blooms and hypoxia in marine and poxia; ‘‘(2) begin developing the regional research freshwater systems to Congress that— ‘‘(C) research, development, and dem- and action plans for at least another third of ‘‘(1) evaluates the state of scientific knowl- onstration activities needed to develop and the regions not later than 21 months after edge of harmful algal blooms and hypoxia in advance technologies and techniques— the date of the enactment of the Harmful marine and freshwater systems, including ‘‘(i) for minimizing the occurrence of Algal Blooms and Hypoxia Research and their causes and ecological consequences; harmful algal blooms and hypoxia; and Control Amendments Act of 2011; ‘‘(2) evaluates the social and economic im- ‘‘(ii) for improving capabilities to predict, ‘‘(3) begin developing the regional research pacts of harmful algal blooms and hypoxia, monitor, prevent, control, and mitigate and action plans for the remaining regions including their impacts on coastal commu- harmful algal blooms and hypoxia; not later than 33 months after the date of nities, and reviews those communities’ ef- ‘‘(D) State, tribal, and local government the enactment of the Harmful Algal Blooms forts and associated economic costs related actions that may be implemented— and Hypoxia Research and Control Amend- to event forecasting, planning, mitigation, ‘‘(i) to support long-term monitoring ef- ments Act of 2011; and response, public outreach, and education; forts and emergency monitoring as needed; ‘‘(4) ensure that each regional research and ‘‘(3) examines and evaluates the human ‘‘(ii) to minimize the occurrence of harm- action plan developed under this section is— health impacts of harmful algal blooms and ful algal blooms and hypoxia; ‘‘(A) completed and approved by the Task hypoxia, including any gaps in existing re- ‘‘(iii) to reduce the duration and intensity Force not later than 12 months after the date search; of harmful algal blooms and hypoxia in that development of the regional research ‘‘(4) describes advances in capabilities for times of emergency; and action plan begins; and monitoring, forecasting, modeling, control,

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mitigation, and prevention of harmful algal the account from which such transfer was ‘‘(8) UNDER SECRETARY.—The term ‘Under blooms and hypoxia, including techniques for made.’’. Secretary’ means the Under Secretary of integrating landscape- and watershed-level SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Commerce for Oceans and Atmosphere.’’. water quality information into marine and ‘‘(9) UNITED STATES COASTAL WATERS.—The Section 605 is amended to read as follows: freshwater harmful algal bloom and hypoxia term ‘United States coastal waters’ includes prevention and mitigation strategies at Fed- ‘‘§ 605. Authorization of appropriations the Great Lakes.’’. eral and regional levels; ‘‘(a) IN GENERAL.—There are authorized to (b) CONFORMING AMENDMENT.—Section ‘‘(5) evaluates progress made by, and the be appropriated, for each of the fiscal years 603(a) is amended by striking ‘‘(hereinafter needs of, Federal, regional, State, tribal, and 2011 through 2015 to the Under Secretary to referred to as the ‘Task Force’)’’. local policies and strategies for forecasting, carry out sections 603A and 603B, $30,000,000, SEC. 13. APPLICATION WITH OTHER LAWS. planning, mitigating, preventing, and re- of which— The Act is amended by adding after section sponding to harmful algal blooms and hy- ‘‘(1) $2,000,000 may be used for the develop- 606 the following: poxia, including the economic costs and ben- ment of regional research and action plans efits of the policies and strategies; and the reports required under section 603B; ‘‘SEC. 607. EFFECT ON OTHER FEDERAL AUTHOR- ITY. ‘‘(6) includes recommendations for inte- ‘‘(2) $3,000,000 may be used for the research grating, improving, and funding future Fed- and assessment activities related to marine ‘‘Nothing in this title supersedes or limits eral, regional, State, tribal, and local poli- and freshwater harmful algal blooms at the the authority of any agency to carry out its cies and strategies for preventing and miti- National Oceanic and Atmospheric Adminis- responsibilities and missions under other gating the occurrence and impacts of harm- tration research laboratories; laws.’’. ful algal blooms and hypoxia; ‘‘(3) $7,000,000 may be used to carry out the ‘‘(7) describes communication, outreach, Ecology and Oceanography of Harmful Algal By Mr. PRYOR (for himself, Mr. and education efforts to raise public aware- Blooms Program (ECOHAB); BINGAMAN, Ms. MURKOWSKI, Mr. ness of harmful algal blooms and hypoxia, ‘‘(4) $4,500,000 may be used to carry out the BEGICH, Mr. COONS, Mr. BURR, their impacts, and the methods for mitiga- Monitoring and Event Response for Harmful and Mr. TESTER): tion and prevention; Algal Blooms Program (MERHAB); S. 1703. A bill to amend the Depart- ‘‘(8) describes extramural research activi- ‘‘(5) $1,500,000 may be used to carry out the ment of Energy Organization Act to re- ties carried out under section 605(b); and Northern Gulf of Mexico Ecosystems and Hy- ‘‘(9) specifies how resources were allocated poxia Assessment Program (NGOMEX); quire a Quadrennial Energy Review, between intramural and extramural research ‘‘(6) $4,000,000 may be used to carry out the and for other purposes; to the Com- and management activities, including a jus- Coastal Hypoxia Research Program (CHRP); mittee on Energy and Natural Re- tification for each allocation.’’. ‘‘(7) $4,000,000 may be used to carry out the sources. SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA. Prevention, Control, and Mitigation of Mr. PRYOR. Mr. President, I rise Section 604 is amended to read as follows: Harmful Algal Blooms Program (PCM); today along with Senators BINGAMAN, ‘‘SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. ‘‘(8) $1,000,000 may be used to carry out the MURKOWSKI, BEGICH, COONS, TESTER ‘‘(a) TASK FORCE INITIAL PROGRESS RE- Event Response Program; and and BURR to introduce the Quadrennial PORTS.—Beginning not later than 12 months ‘‘(9) $3,000,000 may be used to carry out the after the date of enactment of the Harmful Infrastructure Program. Energy Review Act of 2011. Algal Blooms and Hypoxia Research and ‘‘(b) EXTRAMURAL RESEARCH ACTIVITIES.— One of the big gaps in federal energy Control Amendments Act of 2011, and every 2 The Under Secretary shall ensure that a sub- policy is the lack of an overarching vi- years thereafter, the Administrator, through stantial portion of funds appropriated pursu- sion and coordination among federal the Mississippi River/Gulf of Mexico Water- ant to subsection (a) that are used for re- agencies to define how the United shed Nutrient Task Force, shall submit a search purposes are allocated to extramural States produces and uses energy. Every progress report to the appropriate congres- research activities.’’. president since Richard Nixon has sional committees and the President that de- SEC. 12. DEFINITIONS; CONFORMING AMEND- called for America’s independence from scribes the progress made by Task Force-di- MENT. rected activities carried out or funded by the oil. We also need to make sure that our (a) IN GENERAL.—The Act is amended by nation has a 21st century electric grid Environmental Protection Agency and other inserting after section 605 the following: State and Federal partners toward attain- that matches supply with demand. If ment of the goals of the Gulf Hypoxia Action ‘‘§ 605A. Definitions we want to create a more secure energy Plan 2008. ‘‘In this title: future for America then we need to de- ‘‘(b) CONTENTS.—Each report required ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- velop a national energy plan that co- under this section shall— trator’ means the Administrator of the Na- ordinates and integrates the energy ‘‘(1) assess the progress made toward nutri- tional Oceanic and Atmospheric Administra- policies of the various federal agencies. ent load reductions, the response of the tion. The development of such a policy hypoxic zone and water quality throughout ‘‘(2) HARMFUL ALGAL BLOOM.—The term the Mississippi/Atchafalaya River Basin, and ‘harmful algal bloom’ means marine and would enhance our energy security, the economic and social effects; freshwater phytoplankton that proliferate to create jobs and mitigate environ- ‘‘(2) evaluate lessons learned; and high concentrations, resulting in nuisance mental harm. ‘‘(3) recommend appropriate actions to conditions or harmful impacts on marine and In the fall of 2009, Secretary of En- continue to implement or, if necessary, re- aquatic ecosystems, coastal communities, ergy Steven Chu asked the President’s vise the strategy set forth in the Gulf Hy- and human health through the production of Council of Advisors on Science and poxia Action Plan 2008.’’. toxic compounds or other biological, chem- SEC. 10. INTERAGENCY FINANCING. ical, and physical impacts of the algae out- Technology, PCAST, to review the en- The Act, as amended by section 9 of this break. ergy technology innovation system to Act, is further amended by inserting after ‘‘(3) HYPOXIA.—The term ‘hypoxia’ means a identify and recommend ways to accel- section 604 the following: condition where low dissolved oxygen in erate the large scale transformation of ‘‘SEC. 604A. INTERAGENCY FINANCING. aquatic systems causes stress or death to energy production, delivery, and use to ‘‘The departments and agencies rep- resident organisms. a low carbon energy system. In re- resented on the Task Force may participate ‘‘(4) PROGRAM.—The term ‘Program’ means sponse, PCAST formed a working group in interagency financing and share, transfer, the National Harmful Algal Bloom and Hy- and in 2010 issued its ‘‘Report to the receive, obligate, and expend funds appro- poxia Program established under section priated to any member of the Task Force for 603A. President on Accelerating the Pace of the purposes of carrying out any administra- ‘‘(5) REGIONAL RESEARCH AND ACTION Change in Energy Technologies tive or programmatic project or activity PLAN.—The term ‘regional research and ac- through an Integrated Federal Energy under this title, including support for the tion plan’ means a plan established under Policy’’. PCAST’s most important rec- Program, a common infrastructure, informa- section 603B. ommendation is that the Administra- tion sharing, and system integration for ‘‘(6) STATE.—The term ‘State’ means each tion establish a new process that can harmful algal bloom and hypoxia research, of the several States of the United States, forge a more coordinated and robust monitoring, forecasting, prevention, and the District of Columbia, the Commonwealth Federal energy policy, a major piece of control. Funds may be transferred among of Puerto Rico, the Virgin Islands, Guam, such departments and agencies through an American Samoa, the Commonwealth of the which is advancing energy innovation. appropriate instrument that specifies the Northern Mariana Islands, any other terri- The report recommends— goods, services, or space being acquired from tory or possession of the United States, and The President should establish a Quadren- another Task Force member and the costs of any Indian tribe. nial Energy Review, QER, process that will the goods, services, and space. The amount ‘‘(7) TASK FORCE.—The term ‘Task Force’ provide a multiyear roadmap that lays out of funds transferrable under this section for means the Inter-Agency Task Force estab- an integrated view of short-, intermediate-, any fiscal year may not exceed 5 percent of lished by section 603(a). and long-term energy objectives; outlines

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.015 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6511 legislative proposals to Congress; puts for- members representing the Departments the resources they have actually re- ward anticipated Executive actions coordi- of Commerce, Defense, State, Interior, quested. Reducing the aircraft floor is nated across multiple agencies; and identi- Agriculture, Treasury, and Transpor- a commonsense step that would save fies resource requirements for the develop- ment and implementation of energy tech- tation, Office of Management and taxpayers millions of dollars while en- nologies. Budget, National Science Foundation, suring that our military continues to Last month, the American Energy Environmental Protection Agency, and meet strategic airlift requirements. Innovation Council (AEIC) released a other Federal organizations, depart- I encourage my colleagues to care- report, Catalyzing American Ingenuity ments and agencies that the President fully review our legislation and I wel- (http://www.americanenergyinnovation considers to be appropriate. come their comments. .org/2011-report/), which noted: The bill lists what information, at a Mr. President, I ask unanimous con- minimum, shall be reported in the sent that the text of the bill be printed The nation needs a robust National Energy Plan to serve as a strategic technology and Quadrennial Energy Review and re- in the RECORD. policy roadmap . . . [to] ‘‘provide a clear, in- quires the Secretary of Energy to pro- There being no objection, the text of tegrated road map with short-, intermediate- vide the Executive Secretariat and for the bill was ordered to be printed in , and long-term objectives for federal energy agency heads to cooperate with the the RECORD, as follows: policies and technology programs, along Secretary. S. 1704 with a structured, time-bound plan to get We live in a global world with global Be it enacted by the Senate and House of Rep- there. We support DOE’s Quadrennial Tech- demands on energy. The country that resentatives of the United States of America in nology Review, QTR, which we see as an im- Congress assembled, portant and meaningful first step toward de- best manages its energy resources will veloping a national energy strategy. The fed- lead the 21st century and provide its SECTION 1. SHORT TITLE. eral government should build on the QTR people a secure energy future. The U.S. This Act may be cited as the ‘‘Strategic and move quickly toward a government-wide needs to win the energy race and this Airlift Force Structure Reform Act of 2011’’. QER. bill will help the United States remain SEC. 2. STRATEGIC AIRLIFT AIRCRAFT FORCE AEIC is a group of prominent busi- that country. STRUCTURE OF THE AIR FORCE. ness leaders who came together last Section 8062(g)(1) of title 10, United States By Ms. AYOTTE (for herself and Code, is amended— year to call for a more vigorous public (1) by striking ‘‘Effective October 1, 2009, Mr. REED); and private sector commitment to en- the Secretary’’ and inserting ‘‘The Sec- ergy technology innovation. AEIC S. 1704. A bill to amend title 10, retary’’; and members include: Norm Augustine, United States Code, to modify certain (2) by striking ‘‘316 aircraft’’ and inserting former chairman and chief executive authorities relating to the strategic ‘‘301 aircraft’’. officer of Lockheed Martin; Ursula airlift aircraft force structure of the Burns, chairman and chief executive Air Force; to the Committee on Armed By Mrs. MURRAY (for herself and officer of Xerox; John Doerr, partner at Services. Ms. CANTWELL): Kleiner Perkins Caufield & Byers; Bill Ms. AYOTTE. Mr. President, I am S. 1705. A bill to designate the De- Gates, chairman and former chief exec- pleased to introduce today, along with partment of Veterans Affairs Medical utive officer of Microsoft; Charles O. my colleague Senator REED, the Stra- Center in Spokane, Washington, as the Holliday, chairman of Bank of America tegic Airlift Force Structure Reform ‘‘Mann-Grandstaff Department of Vet- and former chairman and chief execu- Act of 2011. erans Affairs Medical Center’’; to the tive officer of DuPont; Jeff Immelt, Current Federal law U.S. Code Title Committee on Veterans’ Affairs. chairman and chief executive officer of 10, 8062(g)(1) sets the Air Force’s min- Mrs. MURRAY. Mr. President, today GE; and Tim Solso, chairman and chief imum number of strategic airlift air- I am proud to introduce legislation to executive officer of Cummins Inc. craft at 316. However, based on the Mo- name the Department of Veterans Af- A Quadrennial Energy Review could bility Capabilities and Requirements fairs Medical Center in Spokane, WA, establish government-wide energy Study-2016, Department of Defense and after two Medal of Honor recipients, goals, coordinate actions across agen- Air Force officials have testified ap- Private First Class Joe E. Mann and cies, and lead to the development of a proximately 300 aircraft can meet our Platoon Sergeant Bruce A. Grandstaff. national energy policy. nation’s strategic airlift capacity re- My colleague Senator CANTWELL is As the lead agency in support of en- quirements. joining me to introduce this bill in the ergy science and technology innova- During a July 13, 2011, Senate Armed Senate. This proposal has received tion, the Department of Energy has Services Subcommittee hearing, Chris- widespread support from the Wash- taken the first step to developing a na- tine Fox, Director of Cost Assessment ington state chapters of several key tional energy plan by conducting a and Program Evaluation, CAPE, in the national veterans service organiza- Quadrennial Technology Review of the Office of Secretary of Defense; General tions, including the Veterans of For- energy technology policies and pro- Duncan McNabb, Commander of U.S. eign Wars, American Legion, AMVETS, grams of the Department. The QTR Transportation Command, Disabled American Veterans, Paralyzed serves as the basis for DOE’s coordina- TRANSCOM; and General Raymond Veterans of America, and Vietnam Vet- tion with other agencies and on other Johns, Commander of Air Mobility erans of America. programs for which the Department Command, AMC, testified that reduc- I would like to share something has a key role. ing the number to around 300 aircraft about these two heroes. Private Mann The next step is to build upon DOE’s would allow the Air Force to meet air- was born in Reardan, Washington, and report and perform a Quadrennial En- lift requirements while saving over $1.2 served in the 101st Airborne Division ergy Review that would establish gov- billion and not increasing operational during World War II. While attempting ernment-wide energy objectives, co- risk. In fact, General Johns testified to seize the bridge across the Wilhel- ordinate actions across Federal agen- that strategic airlift aircraft in excess mina Canal, his platoon was isolated, cies, and provide a strong analytical of 301 were ‘‘over capacity’’ that forces surrounded, and outnumbered by base for Federal energy policy deci- ‘‘extra workload on our airmen to keep enemy forces. Despite heavy enemy sions. that capability when we don’t need to fire, he bravely advanced to within Our bill, the Quadrennial Energy Re- utilize it.’’ rocket-launching range of the enemy view Act of 2011, would authorize the Based on this testimony, the Stra- as the lead scout. Private Mann was President to establish an Interagency tegic Airlift Force Structure Act of wounded four separate times while de- Working Group to submit a Quadren- 2011 would reduce the strategic airlift stroying an enemy artillery position nial Energy Review to Congress by aircraft floor from 316 to 301. near Best, Holland. Despite his wounds, February 1, 2014, and every 4 years In this time of fiscal austerity, Con- he volunteered to stay on sentry duty thereafter. The Group would be co- gress needs to stop forcing the Pen- that night with both his arms ban- chaired by the Secretary of Energy and tagon to spend defense dollars main- daged to his body. The following day the Director of the Office of Science taining aircraft that our warfighters when the final assault came, an enemy and Technology Policy, OSTP, and con- say they don’t need. Every defense dol- grenade was thrown in his vicinity. Un- sist of level I or II Executive Schedule lar wasted deprives our warfighters of able to throw it to safety due to his

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While leading a whether they were suitable to become reconnaissance mission near the Cam- By Mr. REED (for himself, Mr. part of the National Park Service. bodian border, Sergeant Grandstaff’s BROWN of Massachusetts, Mr. When it was released this July, the platoon was ambushed by heavy auto- KERRY, and Mr. WHITEHOUSE): study recommended the creation of a matic weapons and small arms fire S. 1708. A bill to establish the John new national historic park whose from three directions. He ran through H. Chafee Blackstone River Valley Na- boundaries would encompass both enemy fire to rescue his wounded men, tional Historical Park, and for other Rhode Island and Massachusetts, in- but was only able to save one. Twice he purposes; to the Committee on Energy cluding the Blackstone River and its crawled outside the safety of his unit’s and Natural Resources. tributaries; the Blackstone Canal; the position to mark their location with Mr. REED. Mr. President, today I am historic districts of Old Slater Mill in smoke grenades for aerial fire support, introducing legislation for the creation Pawtucket; the villages of Slatersville and twice he was wounded. His second of the John H. Chafee Blackstone River and Ashton in Rhode Island; and the marker successfully notified the heli- Valley National Historical Park, along villages of Whitinsville and Hopedale copter gunships of his location, but with my colleagues from Rhode Island in Massachusetts. drew even more enemy fire. Seeing the and Massachusetts, Senators WHITE- The partnership park described in the enemy assault about to overrun his po- HOUSE, KERRY, and SCOTT BROWN. Our Special Resource Study clearly stated sition, Sergeant Grandstaff inspired his legislation seeks to preserve the indus- the importance of the rural and urban remaining men to continue the fight trial heritage and natural and cultural areas, the landscape, and the river in against enemy forces. He called in an resources of the Blackstone Valley, telling the story of the Blackstone artillery barrage on himself to thwart help provide economic development op- River Valley. the enemy forces, and continued to portunities for the local economies, It will build upon the solid founda- fight until he was finally and mortally and build upon the solid foundation of tion of the John H. Chafee Blackstone wounded by an enemy rocket. Al- the John H. Chafee Blackstone River River Valley National Heritage Cor- though every man in his unit was a Valley National Heritage Corridor. casualty, survivors testified that his ridor and the workers and volunteers Samuel Slater built his mill in 1793 in all the surrounding communities, in spirit and courage inspired the unit to and started the American Industrial inflict heavy casualties on the assault- restoring the Corridor. Revolution in Rhode Island along the Designating these areas as a national ing enemy even though the odds were Blackstone River. Today, the John H. stacked against them. historical park has important eco- Chafee Blackstone River Valley Na- nomic, environmental, historical, and I am especially proud to introduce tional Heritage Corridor contains an this bill. Its purpose is to honor not educational benefits for the region. exceptional concentration of surviving This is a two state initiative, and truly just one American hero, but two native mills and villages that illustrate this sons of Washington who gave their a national initiative, that will embrace chapter of American history. both Rhode Island and Massachusetts, lives fighting on behalf of our nation. The Blackstone Valley is a national and ensure the preservation of the in- Also, both of these men now rest in treasure, which also includes thou- dustrial and natural heritage of the peace approximately 10 minutes away sands of acres of beautiful, undeveloped Blackstone River Valley for future gen- from the Spokane VA Medical Center, land and waterways that are home to erations to enjoy. which serves veterans of all genera- diverse wildlife. tions, from World War II to Vietnam to The extensive work of the National Establishing a national park will pro- our newest generation of American he- Park Service and the tireless efforts of vide opportunities for work, opportuni- roes. Federal, State—both Rhode Island and ties for recreation, and opportunities Above all else, this bill is intended to Massachusetts—and local officials, de- to boost economic development, while honor both Private Mann and Sergeant velopers, and volunteers have resulted memorializing the history of this place Grandstaff for their ‘‘conspicuous gal- in the recovery of dozens of historic and its role in the American Industrial lantry and intrepidity at the risk of villages, riverways, and rural land- Revolution. life above and beyond the call of duty.’’ scapes throughout the Corridor. These The partnerships between the federal, By renaming the Spokane VA Medical types of economic redevelopment and state, local, and private organizations Center as the Mann-Grandstaff VA environmental restoration efforts re- have a proven track record of success Medical Center, we will honor the serv- flect the ongoing story of the Black- with the Corridor, and I expect that ice and ultimate sacrifice provided by stone River and the valley. the communities in Rhode Island and these two local heroes. I urge my col- The Ashton Mill in Cumberland is Massachusetts that have been engaged leagues to support this legislation and one such example of local redevelop- on this endeavor for many years will thank them for their continued support ment. With the designation of the Na- continue to partner with the National of our dedicated men and women in tional Heritage Corridor, the cleanup Park Service going forward. uniform. of the Blackstone River, the creation Creating a national historic park sets Mr. President, I ask unanimous con- a clear path to preserve our cultural sent that the text of the bill be printed of the Blackstone River State Park in Lincoln, Rhode Island, and the con- heritage, improve the use and enjoy- in the RECORD. ment of these resources, including of- There being no objection, the text of struction of the Blackstone River Bike- fering outdoor education for young the bill was ordered to be printed in way, the property was restored for people, and increase the level of protec- the RECORD, as follows: adaptive reuse as rental apartments. tion for our most important and na- S. 1705 Once again the mill and its village are a vital part of the greater Blackstone tionally significant cultural and nat- Be it enacted by the Senate and House of Rep- ural resources. resentatives of the United States of America in Valley community. Congress assembled, Great progress has also been made in I have been proud to introduce this SECTION 1. DESIGNATION OF MANN- restoring the environmental resources bipartisan legislation in honor of my GRANDSTAFF DEPARTMENT OF VET- of the river valley. As a result, people late-colleague John H. Chafee, who ERANS AFFAIRS MEDICAL CENTER. are once again enjoying the river, years ago had a great vision, shared (a) DESIGNATION.—The Department of Vet- whether in kayaks or canoes, or with many others in Rhode Island and erans Affairs Medical Center in Spokane, Washington, shall after the date of the en- through other means. I have been Massachusetts, to preserve and protect actment of this Act be known and designated pleased over the years to help support the Blackstone Valley. as the ‘‘Mann-Grandstaff Department of Vet- the preservation and renewed develop- I look forward to working with all of erans Affairs Medical Center’’. ment of the Blackstone River Valley. my colleagues to create the John H.

VerDate Mar 15 2010 02:10 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.040 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6513 Chafee Blackstone River Valley Na- (d) ACQUISITION OF LAND.—The Secretary Fitzgerald’s honor, is a fitting tribute tional Historical Park. may acquire land or interests in land within to his legacy. Mr. President, I ask unanimous con- the boundaries of the Park by— James Fitzgerald first came to Alas- sent that the text of the bill be printed (1) donation; ka in the 1950s. He was a decorated (2) purchase with donated or appropriated in the RECORD. World War II Marine veteran, an ac- funds; or There being no objection, the text of (3) exchange. complished lawyer, an Assistant U.S. the bill was ordered to be printed in (e) ADMINISTRATION.— Attorney, and became Alaska’s first the RECORD, as follows: (1) IN GENERAL.—The Secretary shall ad- Commissioner of Public Safety. From S. 1708 minister the Park in accordance with— November 1959 until his retirement Be it enacted by the Senate and House of Rep- (A) this Act; until 2006, he served with distinction as resentatives of the United States of America in (B) the laws generally applicable to units a State and Federal judge unanimously Congress assembled, of the National Park System, including— praised for his fairness, brilliance and SECTION 1. SHORT TITLE. (i) the National Park Service Organic Act humility. This Act may be cited as the ‘‘John H. (16 U.S.C. 1 et seq.); and Judge Fitzgerald served as a judge on Chafee Blackstone River Valley National (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and the Alaska Superior Court, Third Dis- Historical Park Establishment Act’’. trict, from 1959 through 1972. He was SEC. 2. PURPOSE. (C) any cooperative agreements entered The purpose of this Act is to establish the into under subsection (f). the presiding judge on that court from John H. Chafee Blackstone River Valley Na- (2) GENERAL MANAGEMENT PLAN.— 1969 through 1972. At that time, he be- tional Historical Park— (A) IN GENERAL.—Not later than 3 years came an Alaska Supreme Court Jus- (1) to help preserve, protect, and interpret after the date on which funds are made avail- tice, where he would serve until 1975. the nationally significant resources in the able to carry out this Act, the Secretary President Gerald Ford nominated Blackstone River Valley that exemplify the shall prepare a general management plan for Judge Fitzgerald to be a Judge of the industrial heritage of the John H. Chafee the Park— United States District Court for the Blackstone River Valley National Heritage (i) in consultation with the States; and District of Alaska in December of 1974. Corridor for the benefit and inspiration of fu- (ii) in accordance with— He was quickly confirmed by the U.S. (I) any cooperative agreements entered ture generations; Senate and received his commission to (2) to support the preservation, protection, into under subsection (f); and and interpretation of the urban, rural, and (II) section 12(b) of the National Park Sys- the Federal bench. Judge Fitzgerald agricultural landscape features (including tem General Authorities Act (16 U.S.C. 1a– served on this Federal court until his the Blackstone River and Canal) of the re- 7(b)). retirement in 2006 and also spent 5 gion that provide an overarching context for (B) REQUIREMENTS.—To the maximum ex- years as the chief judge of the court. the industrial heritage of the National Herit- tent practicable, the plan prepared under In addition to his impressive record age Corridor; subparagraph (A) shall consider ways to use of accomplishments and his years of (3) to educate the public about— preexisting or planned visitor facilities and public service, Judge Fitzgerald was (A) the industrial history of the National recreational opportunities developed in the also known for his integrity and char- Heritage Corridor; and National Heritage Corridor, including— acter. His colleagues on the bench, the (B) the significance of the National Herit- (i) the Blackstone Valley Visitor Center in Pawtucket, Rhode Island; lawyers who testified in his courtroom age Corridor to the past and present; and and his friends and neighbors all knew (4) to support and enhance the network of (ii) the Captain Wilbur Kelly House at partners who will continue to engage in the Blackstone River State Park in Lincoln, him to be a humble, kind, thoughtful protection, improvement, management, and Rhode Island; and generous man. For decades he was operation of key resources and facilities (iii) the Museum of Work and Culture in praised for his legal brilliance and his throughout the National Heritage Corridor. Woonsocket, Rhode Island; respect for all those who sought justice SEC. 3. DEFINITIONS. (iv) the River Bend Farm/Blackstone River in his court. His contributions to the In this Act: and Canal Heritage State Park in Uxbridge, State of Alaska will not be forgotten. (1) MAP.—The term ‘‘map’’ means the map Massachusetts; and Naming the Anchorage federal court- entitled ‘‘John H. Chafee Blackstone River (v) the Worcester Blackstone Visitor Cen- house in Judge Fitzgerald’s honor is Valley National Historical Park’’, numbered ter, located at the former Washburn & Moen broadly supported by Alaskans. In fact, NEFA962/111015, and dated October 2011. wire mill facility in Worcester, Massachu- setts. I assembled a small committee of out- (2) NATIONAL HERITAGE CORRIDOR.—The standing Alaska leaders to review this term ‘‘National Heritage Corridor’’ means (f) COOPERATIVE AGREEMENTS.—The Sec- the John H. Chafee Blackstone River Valley retary may enter into cooperative agree- proposal and they strongly endorsed National Heritage Corridor. ments with the States, political subdivisions extending this honor to Judge Fitz- of the States, nonprofit organizations (in- (3) PARK.—The term ‘‘Park’’ means the gerald. I would like to thank the com- cluding the Blackstone River Valley Na- John H. Chafee Blackstone River Valley Na- mittee members for their public serv- tional Heritage Corridor, Inc.), and private tional Historical Park established under sec- ice: Anchorage attorney Lloyd Miller, property owners to provide technical assist- tion 4. ance and interpretation in the Park and the Judge John D. Roberts, Juneau Mayor (4) SECRETARY.—The term ‘‘Secretary’’ National Heritage Corridor. Bruce Botelho, and Liz Medicine Crow means the Secretary of the Interior, acting (g) FINANCIAL ASSISTANCE.—Subject to the of the First Alaskans Institute. through the Director of the National Park availability of appropriations, the Secretary For all these reasons, today I am Service. may provide financial assistance, on a proud to introduce this legislation to (5) STATE.—The term ‘‘State’’ means each matching basis, for the conduct of resource designate the United States Court- of the States of Massachusetts and Rhode Is- protection activities in the National Herit- land. house in Anchorage as the James M. age Corridor. Fitzgerald United States Courthouse. SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE SEC. 5. AUTHORIZATION OF APPROPRIATIONS. BLACKSTONE RIVER VALLEY NA- There are authorized to be appropriated He was a great man and this is a fine TIONAL HISTORICAL PARK. such sums as are necessary to carry out this way to remember all he did for my (a) ESTABLISHMENT.—There is established Act. State. in the States a unit of the National Park Mr. President, I ask unanimous con- System, to be known as the ‘‘John H. Chafee By Mr. BEGICH (for himself and sent that the text of the bill be printed Blackstone River Valley National Historical Ms. MURKOWSKI): in the RECORD. Park’’. S. 1710. A bill to designate the United (b) BOUNDARIES.—The Park shall be com- There being no objection, the text of prised of the following sites and districts, as States courthouse located at 222 West the bill was ordered to be printed in generally depicted on the map: 7th Avenue, Anchorage, Alaska, as the the RECORD, as follows: (1) Old Slater Mill National Historic Land- James M. Fitzgerald United States S. 1710 mark District. Courthouse; to the Committee on Envi- Be it enacted by the Senate and House of Rep- (2) Slatersville Historic District. ronment and Public Works. resentatives of the United States of America in (3) Ashton Historic District. Mr. BEGICH. Mr. President, I come Congress assembled, (4) Whitinsville Historic District. to the floor today to introduce a piece SECTION 1. JAMES M. FITZGERALD UNITED (5) Hopedale Village Historic District. of legislation honoring a great Alas- STATES COURTHOUSE. (6) Blackstone River and the tributaries of kan. James Martin Fitzgerald was a (a) DESIGNATION.—The United States court- Blackstone River. giant of my State’s judicial commu- house located at 222 West 7th Avenue, An- (7) Blackstone Canal. nity for 5 decades—almost as long as chorage, Alaska, shall be known and des- (c) AVAILABILITY OF MAP.—The map shall ignated as the ‘‘James M. Fitzgerald United be available for public inspection in the ap- Alaska has been a State. This legisla- States Courthouse’’. propriate offices of the National Park Serv- tion, naming the Anchorage federal (b) REFERENCES.—Any reference in a law, ice. courthouse facility in Judge map, regulation, document, paper, or other

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A bill to enhance reciprocal The U.S. merchandise trade deficit meaningful market access for Amer- market access for United States do- has surged 46 percent over the last dec- ican manufacturers in exchange. mestic producers in the negotiating ade, reaching an astronomical $634 bil- In addition, this bill would instruct process of bilateral, regional, and mul- lion in 2010. the International Trade Commission to tilateral trade agreements; to the Com- Since the implementation of NAFTA assess the impact of a potential trade mittee on Finance. in 1994, the U.S. has lost more than agreement on opportunities and bar- Mr. BROWN of Ohio. Mr. President I three million manufacturing jobs. riers for U.S. products that will be af- rise to talk about our Nation’s flawed Behind these numbers are the faces fected by the trade agreement. If Congress is committed to creating approach to trade and its damaging ef- of middle-class Americans who have jobs and reducing the trade deficit, fects on economic growth and job cre- lost their job because of ill-advised we’ve got to make sure we have the ation. Yesterday, this body approved trade agreements. policies that put us on a level playing three trade agreements that will do far Whether it is the worker getting laid off at a manufacturer providing energy field with our trading partners. too little to create manufacturing jobs If we are serious about standing up here in the United States. In fact, it is appliances, or the person losing their job at a steel plant, the loss of a job for workers, small business and manu- clear these more-of-the-same agree- facturers who continue to play be the ments will cost manufacturing jobs in due to trade can be a devastating expe- rience for families across America. rules, we need to pass this legislation. Ohio and across the nation. It is time to take action to help re- Two examples of our nation giving In towns and cities across Ohio, build the economic foundation of the too much, for too little in return can workers have the proud tradition of middle class. manufacturing products that matter to be seen with the U.S.-Korea free trade It is time we negotiate trade agree- America. agreement. ments that put American workers and From steel tubes made in Lorain that South Korea has the lowest level of American businesses first. equip our energy markets, to car parts import penetration for auto sales—at It is time to pass this legislation. made in Moraine that move our auto just 4.4 percent—of any developed Mr. President, I ask unanimous con- industry forward, Ohio manufacturers country. sent that the text of the bill be printed represent the heart of our nation’s In 2009, the U.S. exported fewer than in the RECORD. economy. 6,000 cars to Korea. In the same year, There being no objection, the text of Ohio manufacturers and workers are Korea exported 476,000 cars to the U.S. the bill was ordered to be printed in some of the most industrious and inno- While a marginal improvement, the the RECORD, as follows: vative in the United States. U.S.-Korea free trade agreement would S. 1711 Our companies and the people who allow each American-based automaker Be it enacted by the Senate and House of Rep- fill our factories can compete across to export 25,000 cars to South Korea resentatives of the United States of America in the world—but only if your govern- free of burdensome regulations. Congress assembled, ment implements trade policies that However, it is clear that this ‘‘con- SECTION 1. SHORT TITLE. create a level playing field. cession’’ does not do enough to shift This Act may be cited as the ‘‘Reciprocal However, Republican and Democratic the imbalanced trade in the auto sector Market Access Act of 2011’’. administrations alike, along with Con- in our direction. SEC. 2. PURPOSE. In addition—much like China—South The purpose of this Act is to require that gress, have signed and passed trade United States trade negotiations achieve agreements premised on hollow prom- Korea would still be able to manipulate measurable results for United States busi- ises. its currency—thwarting the ability of nesses by ensuring that trade agreements re- Supporters of free market policies American companies to compete and sult in expanded market access for United promised that past trade pacts like hire workers. States exports and not solely the elimi- NAFTA would stimulate growth and Instead, South Korea will be able to nation of tariffs on goods imported into the create jobs. exploit this trade agreement and make United States. Some companies and constituents in the limited market access we would SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY PUR- Ohio would argue these assertions—and have meaningless. SUANT TO CERTAIN TRADE AGREE- the assurances that accompany current It is time that our free trade agree- MENTS. trade agreements—could not be further ments increase market access to U.S. (a) LIMITATION.—Notwithstanding any from the truth. goods so that we’re exporting goods— other provision of law, on or after the date of Once successful companies in my not jobs. the enactment of this Act, the President state are now collapsing under the The American people are demanding may not agree to a modification of an exist- a plan to make trade work. ing duty that would reduce or eliminate the weight of misguided trade policies. bound or applied rate of such duty on any Working families in West Chester, It is time for Congress to meet the product in order to carry out a trade agree- Pickerington, Lima, and Akron are demands of the American people and ment entered into between the United States holding on for dear life in the face of take action to ensure a level playing and a foreign country until the President our government failing to negotiate field for our businesses and workers. transmits to Congress a certification de- and enforce trade deals. That is why I’m introducing the Re- scribed in subsection (b). A rational trade agreement should ciprocal Market Access Act. (b) CERTIFICATION.—A certification referred open new markets, include standards The Reciprocal Market Access Act to in subsection (a) is a certification by the President that— on labor and safety that are at least as would require the reduction or elimi- (1) the United States has obtained the re- strong as the commercial provisions, nation of U.S. duties to be reciprocated duction or elimination of tariff and nontariff and help U.S. companies expand their by the nation with which we are enter- barriers and policies and practices of the consumer base around the world. ing into a trade pact. government of a foreign country described in However, recent trade pacts have In the event that a trading partner subsection (a) with respect to United States slashed tariffs for foreign competitors does not adhere to this requirement, exports of any product identified by United while doing little to address the tariff the U.S. Trade Representative would be States domestic producers as having the and nontariff barriers that U.S. busi- authorized to withdraw tariff conces- same physical characteristics and uses as the sions if a trading partner has failed to product for which a modification of an exist- nesses face with our trading partners. ing duty is sought by the President as de- Nothing in these newly approved agree- eliminate relevant tariff and non-tariff scribed in subsection (a); and ments will change this pattern. barriers. (2) a violation of any provision of the trade All too often, U.S. trade negotiators This requirement will make sure that agreement described in subsection (a) relat- have been willing to open our markets any type of barrier doesn’t put Amer- ing to the matters described in paragraph (1)

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.024 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6515 is immediately enforceable in accordance the foreign country and the expected oppor- Planning Committee is pursuing the designa- with the provisions of section 4. tunities for exports from the United States tion of an International Freedom Corridor SEC. 4. ENFORCEMENT PROVISIONS. to the foreign country if existing tariff and and the nomination of the historic Detroit (a) WITHDRAWAL OF TARIFF CONCESSIONS.— nontariff barriers and policies and practices River as an International World Heritage If the President does agree to a modification are eliminated. Site; described in section 3(a), and the United (c) CONSULTATION.—In conducting the as- Whereas the International Underground States Trade Representative determines pur- sessment under subsection (a), the Inter- Railroad Monument Tenth Anniversary suant to subsection (c) that— national Trade Commission shall, as appro- Planning Committee recognizes that a Na- (1) a tariff or nontariff barrier or policy or priate, consult with and seek to obtain rel- tional Park Service special resources study practice of the government of a foreign coun- evant documentation from United States do- may establish the national significance, try described in section 3(a) has not been re- mestic producers of products having the suitability, and feasibility of an Inter- duced or eliminated, or same physical characteristics and uses as the national Freedom Corridor; (2) a tariff or nontariff barrier or policy or product for which a modification of an exist- Whereas the designation of an Inter- practice of such government has been im- ing duty is sought by the President as de- national Freedom Corridor would include the posed or discovered, scribed in section 4(a). States of Michigan, Illinois, Ohio, Wisconsin, EPORT.—Not later than 45 days before the modification shall be withdrawn until (d) R Missouri, Indiana, and Kentucky, the De- the date on which negotiations for a pro- such time as the United States Trade Rep- troit, Mississippi, and Ohio Rivers, which posed trade agreement described in sub- resentative submits to Congress a certifi- traverse portions of these States, and any section (a) are initiated, the International cation described in section 3(b)(1). other sites associated within this Inter- Trade Commission shall submit to the (b) INVESTIGATION.— national Freedom Corridor; United States Trade Representative, the Sec- (1) IN GENERAL.—The United States Trade Whereas a cooperative international part- Representative shall initiate an investiga- retary of Commerce, and Congress a report nership project is dedicated to education and tion if an interested party files a petition on the proposed trade agreement that con- research with the goal of promoting cross- with the United States Trade Representative tains the assessment under subsection (a) border understanding as well as economic de- which alleges the elements necessary for the conducted with respect to such proposed velopment and cultural heritage tourism; withdrawal of the modification of an existing trade agreement. The report shall be sub- Whereas, over the course of history, the duty under subsection (a), and which is ac- mitted in unclassified form, but may contain United States has become a symbol of de- companied by information reasonably avail- a classified annex if necessary. mocracy and freedom around the world; and able to the petitioner supporting such allega- f Whereas the legacy of African Americans is interwoven with the fabric of democracy tions. SUBMITTED RESOLUTIONS (2) INTERESTED PARTY DEFINED.—For pur- and freedom in the United States: Now, poses of paragraph (1), the term ‘‘interested therefore, be it Resolved, That the Senate celebrates the party’’ means— SENATE RESOLUTION 293—CELE- (A) a manufacturer, producer, or whole- 10-year commemoration of the Underground saler in the United States of a domestic BRATING THE 10-YEAR COM- Railroad Memorial, comprised of the Gate- product that has the same physical charac- MEMORATION OF THE UNDER- way to Freedom Monument in Detroit, Michigan and the Tower of Freedom Monu- teristics and uses as the product for which a GROUND RAILROAD MEMORIAL, ment in Windsor, Ontario, Canada. modification of an existing duty is sought; COMPRISED OF THE GATEWAY (B) a certified union or recognized union or TO FREEDOM MONUMENT IN DE- f group of workers engaged in the manufac- TROIT, MICHIGAN AND THE SENATE CONCURRENT RESOLU- ture, production, or wholesale in the United TOWER OF FREEDOM MONUMENT TION 30—SUPPORTING THE States of a domestic product that has the IN WINDSOR, ONTARIO, CANADA same physical characteristics and uses as the GOALS AND IDEALS OF SPINA product for which a modification of an exist- Mr. LEVIN (for himself, Ms. STABE- BIFIDA AWARENESS MONTH ing duty is sought; NOW, Mr. BROWN of Ohio, Mr. CASEY, Mr. WICKER submitted the following (C) a trade or business association a major- and Mr. KERRY) submitted the fol- concurrent resolution; which was re- ity of whose members manufacture, produce, lowing resolution; which was consid- ferred to the Committee on Health, or wholesale in the United States a domestic ered and agreed to: product that has the same physical charac- Education, Labor, and Pensions: teristics and uses as the product for which a S. RES. 293 S. CON. RES. 30 modification of an existing duty is sought; Whereas millions of Africans and their de- Whereas according the Centers for Disease and scendants were enslaved in the United States Control and Prevention, there are approxi- (D) a member of the Committee on Ways and the American colonies from 1619 through mately 166,000 individuals living in the and Means of the House of Representatives 1865; United States with a form of spina bifida, or a member of the Committee on Finance of Whereas Africans forced into slavery were the United States most common permanent the Senate. unspeakably debased, humiliated, dehuman- birth defect; (c) DETERMINATION BY USTR.—Not later ized, brutally torn from their families and Whereas the risk of spina bifida can be re- than 45 days after the date on which a peti- loved ones, and subjected to the indignity of duced by up to 70 percent if women consume tion is filed under subsection (b), the United being stripped of their names and heritage; 400 micrograms of folic acid daily, before and States Trade Representative shall— Whereas tens of thousands of people of Af- during pregnancy; (1) determine whether the petition alleges rican descent silently escaped their chains to Whereas there are 65,000,000 women of the elements necessary for the withdrawal of follow the perilous Underground Railroad childbearing age in the United States, all of the modification of an existing duty under northward towards freedom in Canada; whom are potentially at risk of having a subsection (a); and Whereas the Detroit River played a central child with spina bifida; (2) notify the petitioner of the determina- role for these passengers of the Underground Whereas 1,500 children are born each year tion under paragraph (1) and the reasons for Railroad on their way to freedom; with spina bifida; the determination. Whereas, in October 2001, the City of De- Whereas, according to the Spina Bifida As- SEC. 5. MARKET ACCESS ASSESSMENT BY INTER- troit, Michigan joined with Windsor and sociation, spina bifida is a complicated con- NATIONAL TRADE COMMISSION. Essex County in Ontario, Canada to memori- dition, adversely impacting virtually every (a) IN GENERAL.—The International Trade alize the courage of these freedom seekers organ system and requiring multiple clinical Commission shall conduct an assessment of with an international memorial to the Un- specialists to provide lifelong comprehen- the impact of each proposed trade agreement derground Railroad, comprising the Tower of sive, quality medical and psychosocial care; between the United States and a foreign Freedom Monument in Windsor and the Whereas the National Spina Bifida Pro- country on tariff and nontariff barriers and Gateway to Freedom Monument in Detroit; gram, administered by the Centers for Dis- policies and practices of the government of Whereas the deep roots that slaves, refu- ease Control and Prevention, exists to im- the foreign country with respect to United gees, and immigrants who reached Canada prove the health, well-being, and quality of States exports of any product identified by from the United States created in Canadian life for the individuals and families affected United States domestic producers as having society remain as tributes to the determina- by spina bifida through numerous pro- the same physical characteristics and uses as tion of their descendants to safeguard the grammatic components, including the Na- the product for which a modification of an history of the struggles and endurance of tional Spina Bifida Patient Registry and existing duty is sought by the President as their forebears; critical quality of life research in spina described in section 4(a). Whereas the observance of the 10-year com- bifida. (b) IDENTIFICATION.—In conducting the as- memoration of the Underground Railroad Whereas the National Spina Bifida Patient sessment under subsection (a), the Inter- Memorial will be celebrated from October 19 Registry helps to improve the quality of national Trade Commission shall identify through October 22, 2011; care, reduce morbidity and mortality from the tariff and nontariff barriers and policies Whereas the International Underground spina bifida, and increase the efficiency and and practices for such products that exist in Railroad Monument Tenth Anniversary decrease the cost of care by supporting the

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.025 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6516 CONGRESSIONAL RECORD — SENATE October 13, 2011 collection of longitudinal-treatment data, later than one year after the date of the en- appropriated, for Agriculture, Rural Devel- developing quality measures and treatment actment of this section, and biennially opment, Food and Drug Administration, and standards of care and best practices, identi- through September 30, 2018,’’; and Related Agencies programs for the fiscal fying ‘‘centers of excellence’’ in spina bifida, (B) in subparagraph (B), by striking ‘‘not year ending September 30, 2012, and for other evaluating both the clinical and cost-effec- later than two years after the date of the en- purposes, namely: tiveness of treatment of spina bifida, and ex- actment of this section and every three TITLE I changing evidence-based information among years thereafter’’ and inserting ‘‘not later AGRICULTURAL PROGRAMS health-care providers across the United than two years and five years after the date States; of the enactment of this section’’; and PRODUCTION, PROCESSING AND MARKETING Whereas the Spina Bifida Association is (3) by adding at the end the following new OFFICE OF THE SECRETARY the only national voluntary health agency subsection: For necessary expenses of the Office of the working for people with spina bifida and ‘‘(e) PORTFOLIO REVIEWS.— Secretary of Agriculture, $4,798,000: Provided, their families through education, advocacy, ‘‘(1) IN GENERAL.—The President shall, at That not to exceed $11,000 of this amount research, and service; and least once every 3 years, perform a review to shall be available for official reception and Whereas October is designated as National evaluate the allocation and delivery of re- representation expenses, not otherwise pro- Spina Bifida Awareness Month to help in- sources across the countries the Peace Corps vided for, as determined by the Secretary. serves or is considering for service. Such crease awareness and the prevention of spina OFFICE OF TRIBAL RELATIONS bifida, as well as enhancing the quality of portfolio reviews shall at a minimum include life of persons living with spina bifida: Now, the following with respect to each such coun- For necessary expenses of the Office of therefore, be it try: Tribal Relations, $473,000, to support commu- Resolved by the Senate (the House of Rep- ‘‘(A) An evaluation of the country’s com- nication and consultation activities with resentatives concurring), That Congress— mitment to the Peace Corps program. Federally Recognized Tribes, as well as other (1) supports the goals and ideals of Na- ‘‘(B) An analysis of the safety and security requirements established by law. tional Spina Bifida Awareness Month; of volunteers. EXECUTIVE OPERATIONS (2) recognizes the importance of high- ‘‘(C) An evaluation of the country’s need OFFICE OF THE CHIEF ECONOMIST lighting the occurrence of spina bifida, for assistance. For necessary expenses of the Office of the bringing to light the struggles and successes ‘‘(D) An analysis of country program costs. Chief Economist, $11,408,000. of those who live with spina bifida, and ad- ‘‘(E) An evaluation of the effectiveness of NATIONAL APPEALS DIVISION vancing efforts to decrease the incidence of management of each post within a country. spina bifida; ‘‘(F) An evaluation of the country’s con- For necessary expenses of the National Ap- (3) supports the ongoing development of gruence with the Peace Corp’s mission and peals Division, $13,514,000. the National Spina Bifida Patient Registry strategic priorities. OFFICE OF BUDGET AND PROGRAM ANALYSIS to improve lives through research and to im- ‘‘(2) BRIEFING.—Upon request of the Chair- For necessary expenses of the Office of prove treatments for both children and man and Ranking Member of the Committee Budget and Program Analysis, $8,946,000. adults; on Foreign Relations of the Senate or the OFFICE OF HOMELAND SECURITY AND (4) recognizes that there is a continued Committee on Foreign Affairs of the House EMERGENCY COORDINATION need for a commitment of resources for ef- of Representatives, the President shall brief forts to reduce and prevent disabling birth such committees on each portfolio review re- For necessary expenses of the Office of defects like spina bifida; and quired under paragraph (1). If requested, each Homeland Security and Emergency Coordi- (5) commends the excellent work of the such briefing shall discuss performance nation, $1,421,000. Spina Bifida Association to educate, support, measures and sources of data used (such as OFFICE OF ADVOCACY AND OUTREACH and provide hope for people with spina bifida project status reports, volunteer surveys, For necessary expenses of the Office of Ad- and their families. impact studies, reports of Inspector General vocacy and Outreach, $1,351,000. of the Peace Corps, and any relevant exter- f OFFICE OF THE CHIEF INFORMATION OFFICER nal sources) in making the findings and con- SENATE CONCURRENT RESOLU- clusions in such review.’’. For necessary expenses of the Office of the TION 31—DIRECTING THE SEC- Amend section 8I(a) of the Peace Corps Chief Information Officer, $36,031,000. RETARY OF THE SENATE TO Act, in the quoted material in section 2, by OFFICE OF THE CHIEF FINANCIAL OFFICER MAKE A CORRECTION IN THE EN- inserting ‘‘through September 30, 2018,’’ after For necessary expenses of the Office of the ROLLMENT OF S. 1280 ‘‘annually’’. Chief Financial Officer, $5,935,000: Provided, Strike section 8. Mr. ISAKSON submitted the fol- That no funds made available by this appro- Redesignate sections 9 and 10 as sections 8 priation may be obligated for FAIR Act or lowing concurrent resolution; which and 9, respectively. Circular A–76 activities until the Secretary was considered and agreed to: Strike section 11. has submitted to the Committees on Appro- S. CON. RES. 31 f priations of both Houses of Congress and the Resolved by the Senate (the House of Rep- Committee on Oversight and Government resentatives concurring), That, in the enroll- AMENDMENTS SUBMITTED AND Reform of the House of Representatives a re- ment of the bill (S. 1280) to amend the Peace PROPOSED port on the Department’s contracting out Corps Act to require sexual assault risk-re- SA 738. Mr. INOUYE submitted an amend- policies, including agency budgets for con- duction and response training, the develop- ment intended to be proposed by him to the tracting out. ment of a sexual assault policy, the estab- bill H.R. 2112, making appropriations for Ag- OFFICE OF THE ASSISTANT SECRETARY FOR lishment of an Office of Victim Advocacy, riculture, Rural Development, Food and CIVIL RIGHTS the establishment of a Sexual Assault Advi- Drug Administration, and Related Agencies sory Council, and for other purposes, the For necessary expenses of the Office of the programs for the fiscal year ending Sep- Assistant Secretary for Civil Rights, $848,000. Secretary of the Senate shall make the fol- tember 30, 2012, and for other purposes; which lowing corrections: was ordered to lie on the table. OFFICE OF CIVIL RIGHTS Amend section 8C of the Peace Corps Act, For necessary expenses of the Office of f in the quoted material in section 2 of the Civil Rights, $21,558,000. bill, by adding at the end the following new TEXT OF AMENDMENTS OFFICE OF THE ASSISTANT SECRETARY FOR subsection: ‘‘(e) SUNSET.—This section shall cease to SA 738. Mr. INOUYE submitted an ADMINISTRATION be effective on October 1, 2018.’’. amendment intended to be proposed by For necessary expenses of the Office of the Amend section 8D of the Peace Corps Act, him to the bill H.R. 2112, making ap- Assistant Secretary for Administration, in the quoted material in section 2 of the propriations for Agriculture, Rural De- $764,000. bill, by adding at the end the following new velopment, Food and Drug Administra- AGRICULTURE BUILDINGS AND FACILITIES AND subsection: RENTAL PAYMENTS ‘‘(g) SUNSET.—This section shall cease to tion, and Related Agencies programs be effective on October 1, 2018.’’. for the fiscal year ending September 30, (INCLUDING TRANSFERS OF FUNDS) Amend section 8E of the Peace Corps Act, 2012, and for other purposes; which was For payment of space rental and related in the quoted material in section 2 of the ordered to lie on the table; as follows: costs pursuant to Public Law 92–313, includ- bill— ing authorities pursuant to the 1984 delega- Strike out all after the enacting clause and (1) in subsection (c), by striking ‘‘The tion of authority from the Administrator of insert the following: President shall annually conduct’’ and in- General Services to the Department of Agri- serting ‘‘Annually through September 30, DIVISION A—AGRICULTURE, RURAL DE- culture under 40 U.S.C. 486, for programs and 2018, the President shall conduct’’; VELOPMENT, FOOD AND DRUG ADMINIS- activities of the Department which are in- (2) in subsection (d)— TRATION, AND RELATED AGENCIES cluded in this Act, and for alterations and (A) in subparagraph (A), by striking ‘‘a bi- The following sums are appropriated, out other actions needed for the Department and ennial report’’ and inserting ‘‘a report, not of any money in the Treasury not otherwise its agencies to consolidate unneeded space

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.033 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6517 into configurations suitable for release to suant to the Inspector General Act of 1978, operative forestry research (16 U.S.C. 582a the Administrator of General Services, and $84,121,000, including such sums as may be through a–7), $32,934,000; for payments to eli- for the operation, maintenance, improve- necessary for contracting and other arrange- gible institutions (7 U.S.C. 3222), $50,898,000, ment, and repair of Agriculture buildings ments with public agencies and private per- provided that each institution receives no and facilities, and for related costs, sons pursuant to section 6(a)(9) of the Inspec- less than $1,000,000; for special grants (7 $230,416,000, to remain available until ex- tor General Act of 1978, and including not to U.S.C. 450i(c)), $4,181,000; for competitive pended, of which $164,470,000 shall be avail- exceed $125,000 for certain confidential oper- grants on improved pest control (7 U.S.C. able for payments to the General Services ational expenses, including the payment of 450i(c)), $15,830,000; for competitive grants (7 Administration for rent; of which $13,800,000 informants, to be expended under the direc- U.S.C. 450(i)(b)), $265,987,000, to remain avail- for payment to the Department of Homeland tion of the Inspector General pursuant to able until expended; for the support of ani- Security for building security activities; and Public Law 95–452 and section 1337 of Public mal health and disease programs (7 U.S.C. of which $52,146,000 for buildings operations Law 97–98. 3195), $2,944,000; for supplemental and alter- and maintenance expenses: Provided, That native crops and products (7 U.S.C. 3319d), OFFICE OF THE GENERAL COUNSEL the Secretary may use unobligated prior $833,000; for grants for research pursuant to year balances of an agency or office that are For necessary expenses of the Office of the the Critical Agricultural Materials Act (7 no longer available for new obligation to General Counsel, $39,345,000. U.S.C. 178 et seq.), $1,081,000, to remain avail- cover shortfalls incurred in prior year rental OFFICE OF THE UNDER SECRETARY FOR able until expended; for the 1994 research payments for such agency or office: Provided RESEARCH, EDUCATION AND ECONOMICS grants program for 1994 institutions pursu- further, That the Secretary is authorized to For necessary expenses of the Office of the ant to section 536 of Public Law 103–382 (7 transfer funds from a Departmental agency Under Secretary for Research, Education and U.S.C. 301 note), $1,801,000, to remain avail- to this account to recover the full cost of the Economics, $848,000. able until expended; for rangeland research space and security expenses of that agency grants (7 U.S.C. 3333), $961,000; for higher edu- ECONOMIC RESEARCH SERVICE that are funded by this account when the ac- cation graduate fellowship grants (7 U.S.C. tual costs exceed the agency estimate which For necessary expenses of the Economic 3152(b)(6)), $3,774,000, to remain available will be available for the activities and pay- Research Service, $77,723,000. until expended (7 U.S.C. 2209b); for a program ments described herein. NATIONAL AGRICULTURAL STATISTICS SERVICE pursuant to section 1415A of the National Ag- HAZARDOUS MATERIALS MANAGEMENT For necessary expenses of the National Ag- ricultural Research, Extension, and Teach- (INCLUDING TRANSFERS OF FUNDS) ricultural Statistics Service, $152,616,000, of ing Policy Act of 1977 (7 U.S.C. 3151a), $4,790,000, to remain available until ex- For necessary expenses of the Department which up to $41,639,000 shall be available pended; for higher education challenge of Agriculture, to comply with the Com- until expended for the Census of Agriculture. grants (7 U.S.C. 3152(b)(1)), $5,530,000; for a prehensive Environmental Response, Com- AGRICULTURAL RESEARCH SERVICE higher education multicultural scholars pro- pensation, and Liability Act (42 U.S.C. 9601 SALARIES AND EXPENSES gram (7 U.S.C. 3152(b)(5)), $1,239,000, to re- et seq.) and the Resource Conservation and For necessary expenses of the Agricultural main available until expended (7 U.S.C. Recovery Act (42 U.S.C. 6901 et seq.), Research Service and for acquisition of lands 2209b); for an education grants program for $3,792,000, to remain available until ex- by donation, exchange, or purchase at a Hispanic-serving Institutions (7 U.S.C. 3241), pended: Provided, That appropriations and nominal cost not to exceed $100, and for land $9,219,000; for competitive grants for the pur- funds available herein to the Department for exchanges where the lands exchanged shall pose of carrying out all provisions of 7 U.S.C. Hazardous Materials Management may be be of equal value or shall be equalized by a 3156 to individual eligible institutions or transferred to any agency of the Department payment of money to the grantor which consortia of eligible institutions in Alaska for its use in meeting all requirements pur- shall not exceed 25 percent of the total value and in Hawaii, with funds awarded equally to suant to the above Acts on Federal and non- of the land or interests transferred out of each of the States of Alaska and Hawaii, Federal lands. Federal ownership, $1,094,647,000: Provided, $3,194,000; for a secondary agriculture edu- DEPARTMENTAL ADMINISTRATION That appropriations hereunder shall be cation program and 2-year post-secondary (INCLUDING TRANSFERS OF FUNDS) available for the operation and maintenance education, (7 U.S.C. 3152(j)), $981,000; for For Departmental Administration, of aircraft and the purchase of not to exceed aquaculture grants (7 U.S.C. 3322), $3,920,000; $28,165,000, to provide for necessary expenses one for replacement only: Provided further, for sustainable agriculture research and edu- for management support services to offices That appropriations hereunder shall be cation (7 U.S.C. 5811), $14,471,000; for a pro- of the Department and for general adminis- available pursuant to 7 U.S.C. 2250 for the gram of capacity building grants (7 U.S.C. tration, security, repairs and alterations, construction, alteration, and repair of build- 3152(b)(4)) to institutions eligible to receive and other miscellaneous supplies and ex- ings and improvements, but unless otherwise funds under 7 U.S.C. 3221 and 3222, $19,336,000, penses not otherwise provided for and nec- provided, the cost of constructing any one to remain available until expended (7 U.S.C. essary for the practical and efficient work of building shall not exceed $375,000, except for 2209b); for capacity building grants for non- the Department: Provided, That this appro- headhouses or greenhouses which shall each land-grant colleges of agriculture (7 U.S.C. priation shall be reimbursed from applicable be limited to $1,200,000, and except for 10 3319i), $5,000,000, to remain available until ex- appropriations in this Act for travel ex- buildings to be constructed or improved at a pended; for competitive grants for policy re- penses incident to the holding of hearings as cost not to exceed $750,000 each, and the cost search (7 U.S.C. 3155), $4,000,000, which shall required by 5 U.S.C. 551–558. of altering any one building during the fiscal be obligated within 120 days of the enact- OFFICE OF THE ASSISTANT SECRETARY FOR year shall not exceed 10 percent of the cur- ment of this Act; for payments to the 1994 In- CONGRESSIONAL RELATIONS rent replacement value of the building or stitutions pursuant to section 534(a)(1) of (INCLUDING TRANSFERS OF FUNDS) $375,000, whichever is greater: Provided fur- Public Law 103–382, $3,335,000; for resident in- struction grants for insular areas under sec- For necessary expenses of the Office of the ther, That the limitations on alterations con- tion 1491 of the National Agricultural Re- Assistant Secretary for Congressional Rela- tained in this Act shall not apply to mod- search, Extension, and Teaching Policy Act tions to carry out the programs funded by ernization or replacement of existing facili- of 1977 (7 U.S.C. 3363), $898,000; for distance this Act, including programs involving inter- ties at Beltsville, Maryland: Provided further, education grants for insular areas under sec- governmental affairs and liaison within the That appropriations hereunder shall be tion 1490 of the National Agricultural Re- executive branch, $3,676,000: Provided, That available for granting easements at the search, Extension, and Teaching Policy Act these funds may be transferred to agencies of Beltsville Agricultural Research Center: Pro- of 1977 (7 U.S.C. 3362), $749,000; for a new era the Department of Agriculture funded by vided further, That the foregoing limitations rural technology program pursuant to sec- this Act to maintain personnel at the agency shall not apply to replacement of buildings tion 1473E of the National Agricultural Re- level: Provided further, That no funds made needed to carry out the Act of April 24, 1948 search, Extension, and Teaching Policy Act available by this appropriation may be obli- (21 U.S.C. 113a): Provided further, That funds of 1977 (7 U.S.C. 3319e), $856,000; for a com- gated after 30 days from the date of enact- may be received from any State, other polit- petitive grants program for farm business ical subdivision, organization, or individual ment of this Act, unless the Secretary has management and benchmarking (7 U.S.C. for the purpose of establishing or operating notified the Committees on Appropriations 5925f), $1,497,000; for a competitive grants any research facility or research project of of both Houses of Congress on the allocation program regarding biobased energy (7 U.S.C. the Agricultural Research Service, as au- of these funds by USDA agency: Provided fur- 8114), $2,246,000; and for necessary expenses of thorized by law. ther, That no other funds appropriated to the Research and Education Activities, Department by this Act shall be available to NATIONAL INSTITUTE OF FOOD AND $11,006,000, of which $2,645,000 for the Re- the Department for support of activities of AGRICULTURE search, Education, and Economics Informa- congressional relations. RESEARCH AND EDUCATION ACTIVITIES tion System and $2,089,000 for the Electronic OFFICE OF COMMUNICATIONS For payments to agricultural experiment Grants Information System, are to remain For necessary expenses of the Office of stations, for cooperative forestry and other available until expended. Communications, $8,105,000. research, for facilities, and for other ex- NATIVE AMERICAN INSTITUTIONS ENDOWMENT OFFICE OF INSPECTOR GENERAL penses, $709,825,000, as follows: to carry out FUND For necessary expenses of the Office of In- the provisions of the Hatch Act of 1887 (7 For the Native American Institutions En- spector General, including employment pur- U.S.C. 361a–i), $236,334,000; for grants for co- dowment Fund authorized by Public Law

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.034 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6518 CONGRESSIONAL RECORD — SENATE October 13, 2011 103–382 (7 U.S.C. 301 note), $11,880,000, to re- 1484 of the National Agricultural Research, to law (7 U.S.C. 2250) for the repair and alter- main available until expended. Extension, and Teaching Policy Act of 1977, ation of leased buildings and improvements, HISPANIC-SERVING AGRICULTURAL COLLEGES to remain available until September 30, 2013. but unless otherwise provided the cost of al- AND UNIVERSITIES ENDOWMENT FUND OFFICE OF THE UNDER SECRETARY FOR tering any one building during the fiscal For the Hispanic-Serving Agricultural Col- MARKETING AND REGULATORY PROGRAMS year shall not exceed 10 percent of the cur- leges and Universities Endowment Fund For necessary expenses of the Office of the rent replacement value of the building. under section 1456 (7 U.S.C. 3243) of the Na- Under Secretary for Marketing and Regu- In fiscal year 2012, the agency is authorized tional Agricultural Research, Extension, and latory Programs, $848,000. to collect fees to cover the total costs of pro- viding technical assistance, goods, or serv- Teaching Policy Act of 1977, $10,000,000, to re- ANIMAL AND PLANT HEALTH INSPECTION main available until expended. ices requested by States, other political sub- SERVICE divisions, domestic and international organi- EXTENSION ACTIVITIES SALARIES AND EXPENSES zations, foreign governments, or individuals, For payments to States, the District of Co- (INCLUDING TRANSFERS OF FUNDS) provided that such fees are structured such lumbia, Puerto Rico, Guam, the Virgin Is- For necessary expenses of the Animal and that any entity’s liability for such fees is lands, Micronesia, the Northern Marianas, Plant Health Inspection Service, including reasonably based on the technical assistance, and American Samoa, $478,179,000, as follows: up to $30,000 for representation allowances goods, or services provided to the entity by payments for cooperative extension work and for expenses pursuant to the Foreign the agency, and such fees shall be reim- under the Smith-Lever Act, to be distributed Service Act of 1980 (22 U.S.C. 4085), bursed to this account, to remain available under sections 3(b) and 3(c) of said Act, and $820,110,000, of which $1,000,000, to be avail- until expended, without further appropria- under section 208(c) of Public Law 93–471, for able until expended, shall be available for tion, for providing such assistance, goods, or retirement and employees’ compensation the control of outbreaks of insects, plant dis- services. costs for extension agents, $295,800,000; pay- eases, animal diseases and for control of pest BUILDINGS AND FACILITIES ments for extension work at the 1994 Institu- animals and birds (‘‘contingency fund’’) to For plans, construction, repair, preventive tions under the Smith-Lever Act (7 U.S.C. the extent necessary to meet emergency con- maintenance, environmental support, im- 343(b)(3)), $4,312,000; payments for the nutri- ditions; of which $17,848,000, to remain avail- provement, extension, alteration, and pur- tion and family education program for low- able until expended, shall be used for the cot- chase of fixed equipment or facilities, as au- income areas under section 3(d) of the Act, ton pests program for cost share purposes or thorized by 7 U.S.C. 2250, and acquisition of $67,934,000; payments for the pest manage- for debt retirement for active eradication land as authorized by 7 U.S.C. 428a, $3,176,000, ment program under section 3(d) of the Act, zones; of which $7,000,000, to remain available to remain available until expended. $9,918,000; payments for the farm safety pro- until expended, shall be for Animal Disease AGRICULTURAL MARKETING SERVICE gram under section 3(d) of the Act, $4,610,000; Traceability; of which $891,000 shall be for MARKETING SERVICES payments for New Technologies for Ag Ex- activities under the authority of the Horse tension under section 3(d) of the Act, Protection Act of 1970, as amended (15 U.S.C. For necessary expenses of the Agricultural $1,660,000; payments to upgrade research, ex- 1831); of which $48,733,000, to remain avail- Marketing Service, $82,211,000: Provided, That tension, and teaching facilities at institu- able until expended, shall be used to support this appropriation shall be available pursu- tions eligible to receive funds under 7 U.S.C. avian health; of which $4,474,000, to remain ant to law (7 U.S.C. 2250) for the alteration 3221 and 3222, $19,730,000, to remain available available until expended, shall be for infor- and repair of buildings and improvements, until expended; payments for youth-at-risk mation technology infrastructure; of which but the cost of altering any one building dur- programs under section 3(d) of the Smith- $153,950,000, to remain available until ex- ing the fiscal year shall not exceed 10 per- Lever Act, $7,975,000; for youth farm safety pended, shall be for specialty crop pests; of cent of the current replacement value of the education and certification extension grants, which $9,068,000, to remain available until ex- building. to be awarded competitively under section pended, shall be for field crop and rangeland Fees may be collected for the cost of stand- 3(d) of the Act, $461,000; payments for car- ecosystem pests; of which $58,962,000, to re- ardization activities, as established by regu- rying out the provisions of the Renewable main available until expended, shall be for lation pursuant to law (31 U.S.C. 9701). Resources Extension Act of 1978 (16 U.S.C. tree and wood pests; of which $3,568,000, to LIMITATION ON ADMINISTRATIVE EXPENSES 1671 et seq.), $3,929,000; payments for the fed- remain available until expended, shall be for Not to exceed $62,101,000 (from fees col- erally recognized Tribes Extension Program the National Veterinary Stockpile; of which under section 3(d) of the Smith-Lever Act, lected) shall be obligated during the current up to $1,500,000, to remain available until ex- fiscal year for administrative expenses: Pro- $3,039,000; payments for sustainable agri- pended, shall be for the scrapie program for culture programs under section 3(d) of the vided, That if crop size is understated and/or indemnities; of which $1,000,000, to remain other uncontrollable events occur, the agen- Act, $4,696,000; payments for rural health and available until expended, shall be for wildlife safety education as authorized by section cy may exceed this limitation by up to 10 services methods development; of which percent with notification to the Committees 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), $1,500,000, to remain available until ex- $1,735,000; payments for cooperative exten- on Appropriations of both Houses of Con- pended, shall be for the wildlife services gress. sion work by eligible institutions (7 U.S.C. damage management program for aviation FUNDS FOR STRENGTHENING MARKETS, INCOME, 3221), $42,592,000, provided that each institu- safety; and of which $5,000,000, to remain AND SUPPLY (SECTION 32) tion receives no less than $1,000,000; pay- available until expended, shall be for the ments to carry out the food animal residue screwworm program: Provided further, That (INCLUDING TRANSFERS OF FUNDS) avoidance database program as authorized no funds shall be used to formulate or ad- Funds available under section 32 of the Act by 7 U.S.C. 7642, $1,000,000; payments to carry minister a brucellosis eradication program of August 24, 1935 (7 U.S.C. 612c), shall be out section 1672(e)(49) of the Food, Agri- for the current fiscal year that does not re- used only for commodity program expenses culture, Conservation, and Trade Act of 1990 quire minimum matching by the States of at as authorized therein, and other related op- (7 U.S.C. 5925), as amended, $400,000; and for least 40 percent: Provided further, That this erating expenses, except for: (1) transfers to necessary expenses of Extension Activities, appropriation shall be available for the oper- the Department of Commerce as authorized $8,388,000. ation and maintenance of aircraft and the by the Fish and Wildlife Act of August 8, INTEGRATED ACTIVITIES purchase of not to exceed four, of which two 1956; (2) transfers otherwise provided in this For the integrated research, education, shall be for replacement only: Provided fur- Act; and (3) not more than $20,056,000 for for- and extension grants programs, including ther, That, in addition, in emergencies which mulation and administration of marketing necessary administrative expenses, threaten any segment of the agricultural agreements and orders pursuant to the Agri- $25,948,000, as follows: for competitive grants production industry of this country, the Sec- cultural Marketing Agreement Act of 1937 programs authorized under section 406 of the retary may transfer from other appropria- and the Agricultural Act of 1961. Agricultural Research, Extension, and Edu- tions or funds available to the agencies or PAYMENTS TO STATES AND POSSESSIONS cation Reform Act of 1998 (7 U.S.C. 7626), corporations of the Department such sums as For payments to departments of agri- $17,964,000, including $8,982,000 for the water may be deemed necessary, to be available culture, bureaus and departments of mar- quality program, $2,994,000 for regional pest only in such emergencies for the arrest and kets, and similar agencies for marketing ac- management centers, $1,996,000 for the meth- eradication of contagious or infectious dis- tivities under section 204(b) of the Agricul- yl bromide transition program, and $3,992,000 ease or pests of animals, poultry, or plants, tural Marketing Act of 1946 (7 U.S.C. 1623(b)), for the organic transition program; for a and for expenses in accordance with sections $1,198,000. competitive international science and edu- 10411 and 10417 of the Animal Health Protec- GRAIN INSPECTION, PACKERS AND STOCKYARDS cation grants program authorized under sec- tion Act (7 U.S.C. 8310 and 8316) and sections ADMINISTRATION tion 1459A of the National Agricultural Re- 431 and 442 of the Plant Protection Act (7 search, Extension, and Teaching Policy Act U.S.C. 7751 and 7772), and any unexpended SALARIES AND EXPENSES of 1977 (7 U.S.C. 3292b), to remain available balances of funds transferred for such emer- For necessary expenses of the Grain In- until expended, $998,000; $998,000 for the re- gency purposes in the preceding fiscal year spection, Packers and Stockyards Adminis- gional rural development centers program; shall be merged with such transferred tration, $38,248,000: Provided, That this appro- and $5,988,000 for the Food and Agriculture amounts: Provided further, That appropria- priation shall be available pursuant to law (7 Defense Initiative authorized under section tions hereunder shall be available pursuant U.S.C. 2250) for the alteration and repair of

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buildings and improvements, but the cost of DAIRY INDEMNITY PROGRAM trol Act as may be necessary in carrying out altering any one building during the fiscal (INCLUDING TRANSFER OF FUNDS) the programs set forth in the budget for the year shall not exceed 10 percent of the cur- current fiscal year for such corporation or For necessary expenses involved in making rent replacement value of the building. agency, except as hereinafter provided. indemnity payments to dairy farmers and LIMITATION ON INSPECTION AND WEIGHING manufacturers of dairy products under a FEDERAL CROP INSURANCE CORPORATION FUND SERVICES EXPENSES dairy indemnity program, such sums as may For payments as authorized by section 516 Not to exceed $50,000,000 (from fees col- be necessary, to remain available until ex- of the Federal Crop Insurance Act (7 U.S.C. lected) shall be obligated during the current pended: Provided, That such program is car- 1516), such sums as may be necessary, to re- fiscal year for inspection and weighing serv- ried out by the Secretary in the same man- main available until expended. ices: Provided, That if grain export activities ner as the dairy indemnity program de- COMMODITY CREDIT CORPORATION FUND require additional supervision and oversight, scribed in the Agriculture, Rural Develop- or other uncontrollable factors occur, this ment, Food and Drug Administration, and REIMBURSEMENT FOR NET REALIZED LOSSES limitation may be exceeded by up to 10 per- Related Agencies Appropriations Act, 2001 (INCLUDING TRANSFERS OF FUNDS) cent with notification to the Committees on (Public Law 106–387, 114 Stat. 1549A–12). For the current fiscal year, such sums as Appropriations of both Houses of Congress. AGRICULTURAL CREDIT INSURANCE FUND may be necessary to reimburse the Com- OFFICE OF THE UNDER SECRETARY FOR FOOD PROGRAM ACCOUNT modity Credit Corporation for net realized SAFETY losses sustained, but not previously reim- (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the bursed, pursuant to section 2 of the Act of For gross obligations for the principal Under Secretary for Food Safety, $770,000. August 17, 1961 (15 U.S.C. 713a–11): Provided, amount of direct and guaranteed farm own- That of the funds available to the Com- FOOD SAFETY AND INSPECTION SERVICE ership (7 U.S.C. 1922 et seq.) and operating (7 modity Credit Corporation under section 11 For necessary expenses to carry out serv- U.S.C. 1941 et seq.) loans, Indian tribe land of the Commodity Credit Corporation Char- ices authorized by the Federal Meat Inspec- acquisition loans (25 U.S.C. 488), boll weevil ter Act (15 U.S.C. 714i) for the conduct of its tion Act, the Poultry Products Inspection loans (7 U.S.C. 1989), guaranteed conserva- business with the Foreign Agricultural Serv- Act, and the Egg Products Inspection Act, tion loans (7 U.S.C. 1924 et seq.), and Indian ice, up to $5,000,000 may be transferred to and including not to exceed $50,000 for represen- highly fractionated land loans (25 U.S.C. 488), used by the Foreign Agricultural Service for tation allowances and for expenses pursuant to be available from funds in the Agricul- information resource management activities to section 8 of the Act approved August 3, tural Credit Insurance Fund, as follows: farm of the Foreign Agricultural Service that are 1956 (7 U.S.C. 1766), $1,006,503,000; and in addi- ownership loans, $1,975,000,000, of which not related to Commodity Credit Corpora- tion, $1,000,000 may be credited to this ac- $1,500,000,000 shall be for unsubsidized guar- tion business. count from fees collected for the cost of lab- anteed loans and $475,000,000 shall be for di- oratory accreditation as authorized by sec- rect loans; operating loans, $2,519,982,000, of HAZARDOUS WASTE MANAGEMENT tion 1327 of the Food, Agriculture, Conserva- which $1,500,000,000 shall be for unsubsidized (LIMITATION ON EXPENSES) tion and Trade Act of 1990 (7 U.S.C. 138f): Pro- guaranteed loans, and $1,019,982,000 shall be For the current fiscal year, the Commodity vided, That funds provided for the Public for direct loans; Indian tribe land acquisition Credit Corporation shall not expend more Health Data Communication Infrastructure loans, $2,000,000; guaranteed conservation than $5,000,000 for site investigation and system shall remain available until ex- loans, $150,000,000; Indian highly fractionated cleanup expenses, and operations and main- pended: Provided further, That no fewer than land loans, $10,000,000; and for boll weevil tenance expenses to comply with the require- 148 full-time equivalent positions shall be eradication program loans, $100,000,000: Pro- ment of section 107(g) of the Comprehensive employed during fiscal year 2012 for purposes vided, That the Secretary shall deem the Environmental Response, Compensation, and dedicated solely to inspections and enforce- pink bollworm to be a boll weevil for the Liability Act (42 U.S.C. 9607(g)), and section ment related to the Humane Methods of purpose of boll weevil eradication program 6001 of the Resource Conservation and Recov- Slaughter Act: Provided further, That the loans. ery Act (42 U.S.C. 6961). Food Safety and Inspection Service shall For the cost of direct and guaranteed TITLE II continue implementation of section 11016 of loans, including the cost of modifying loans Public Law 110–246: Provided further, That as defined in section 502 of the Congressional CONSERVATION PROGRAMS this appropriation shall be available pursu- Budget Act of 1974, as follows: direct farm OFFICE OF THE UNDER SECRETARY FOR ant to law (7 U.S.C. 2250) for the alteration ownership loans, $22,800,000; operating loans, NATURAL RESOURCES AND ENVIRONMENT and repair of buildings and improvements, $83,525,000, of which $26,100,000 shall be for For necessary expenses of the Office of the but the cost of altering any one building dur- unsubsidized guaranteed loans, and Under Secretary for Natural Resources and ing the fiscal year shall not exceed 10 per- $57,425,000 shall be for direct loans; and In- Environment, $848,000. cent of the current replacement value of the dian highly fractionated land loans, $193,000. NATURAL RESOURCES CONSERVATION SERVICE building. In addition, for administrative expenses CONSERVATION OPERATIONS OFFICE OF THE UNDER SECRETARY FOR FARM necessary to carry out the direct and guar- AND FOREIGN AGRICULTURAL SERVICES anteed loan programs, $297,237,000, of which For necessary expenses for carrying out For necessary expenses of the Office of the $289,728,000 shall be transferred to and the provisions of the Act of April 27, 1935 (16 Under Secretary for Farm and Foreign Agri- merged with the appropriation for ‘‘Farm U.S.C. 590a–f), including preparation of con- cultural Services, $848,000. Service Agency, Salaries and Expenses’’. servation plans and establishment of meas- Funds appropriated by this Act to the Ag- ures to conserve soil and water (including FARM SERVICE AGENCY ricultural Credit Insurance Fund Program farm irrigation and land drainage and such SALARIES AND EXPENSES Account for farm ownership, operating and special measures for soil and water manage- (INCLUDING TRANSFERS OF FUNDS) conservation direct loans and guaranteed ment as may be necessary to prevent floods For necessary expenses of the Farm Serv- loans may be transferred among these pro- and the siltation of reservoirs and to control ice Agency, $1,181,781,000: Provided, That the grams: Provided, That the Committees on agricultural related pollutants); operation of Secretary is authorized to use the services, Appropriations of both Houses of Congress conservation plant materials centers; classi- facilities, and authorities (but not the funds) are notified at least 15 days in advance of fication and mapping of soil; dissemination of the Commodity Credit Corporation to any transfer. of information; acquisition of lands, water, make program payments for all programs ad- RISK MANAGEMENT AGENCY and interests therein for use in the plant ma- terials program by donation, exchange, or ministered by the Agency: Provided further, For necessary expenses of the Risk Man- purchase at a nominal cost not to exceed $100 That other funds made available to the agement Agency, $74,900,000: Provided, That pursuant to the Act of August 3, 1956 (7 Agency for authorized activities may be ad- the funds made available under section 522(e) U.S.C. 428a); purchase and erection or alter- vanced to and merged with this account: Pro- of the Federal Crop Insurance Act (7 U.S.C. ation or improvement of permanent and tem- vided further, That funds made available to 1522(e)) may be used for the Common Infor- porary buildings; and operation and mainte- county committees shall remain available mation Management System: Provided fur- nance of aircraft, $828,159,000, to remain until expended. ther, That not to exceed $1,000 shall be avail- available until September 30, 2013: Provided, STATE MEDIATION GRANTS able for official reception and representation That appropriations hereunder shall be expenses, as authorized by 7 U.S.C. 1506(i). For grants pursuant to section 502(b) of the available pursuant to 7 U.S.C. 2250 for con- Agricultural Credit Act of 1987, as amended CORPORATIONS struction and improvement of buildings and (7 U.S.C. 5101–5106), $3,759,000. The following corporations and agencies public improvements at plant materials cen- GRASSROOTS SOURCE WATER PROTECTION are hereby authorized to make expenditures, ters, except that the cost of alterations and PROGRAM within the limits of funds and borrowing au- improvements to other buildings and other For necessary expenses to carry out well- thority available to each such corporation or public improvements shall not exceed head or groundwater protection activities agency and in accord with law, and to make $250,000: Provided further, That when build- under section 1240O of the Food Security Act contracts and commitments without regard ings or other structures are erected on non- of 1985 (16 U.S.C. 3839bb–2), $3,817,000, to re- to fiscal year limitations as provided by sec- Federal land, that the right to use such land main available until expended. tion 104 of the Government Corporation Con- is obtained as provided in 7 U.S.C. 2250a.

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and for coopera- demonstration program for the preservation RENTAL ASSISTANCE PROGRAM tive agreements; $182,023,000: Provided, That and revitalization of the sections 514, 515, notwithstanding any other provision of law, For rental assistance agreements entered and 516 multi-family rental housing prop- funds appropriated under this section may be into or renewed pursuant to the authority erties to restructure existing USDA multi- used for advertising and promotional activi- under section 521(a)(2) or agreements entered family housing loans, as the Secretary deems ties that support the Rural Development into in lieu of debt forgiveness or payments appropriate, expressly for the purposes of en- mission area: Provided further, That not more for eligible households as authorized by sec- suring the project has sufficient resources to than $5,000 may be expended to provide mod- tion 502(c)(5)(D) of the Housing Act of 1949, preserve the project for the purpose of pro- est nonmonetary awards to non-USDA em- $904,653,000; and, in addition, such sums as viding safe and affordable housing for low-in- ployees: Provided further, That any balances may be necessary, as authorized by section come residents and farm laborers including available from prior years for the Rural Util- 521(c) of the Act, to liquidate debt incurred reducing or eliminating interest; deferring ities Service, Rural Housing Service, and the prior to fiscal year 1992 to carry out the rent- loan payments, subordinating, reducing or Rural Business—Cooperative Service salaries al assistance program under section 521(a)(2) reamortizing loan debt; and other financial and expenses accounts shall be transferred to of the Act: Provided, That of this amount not assistance including advances, payments and and merged with this appropriation. less than $2,000,000 is available for newly con- incentives (including the ability of owners to structed units financed by section 515 of the obtain reasonable returns on investment) re- RURAL HOUSING SERVICE Housing Act of 1949, and not less than quired by the Secretary: Provided further, RURAL HOUSING INSURANCE FUND PROGRAM $2,000,000 is for newly constructed units fi- That the Secretary shall as part of the pres- ACCOUNT nanced under sections 514 and 516 of the ervation and revitalization agreement obtain (INCLUDING TRANSFERS OF FUNDS) Housing Act of 1949: Provided further, That a restrictive use agreement consistent with For gross obligations for the principal rental assistance agreements entered into or the terms of the restructuring: Provided fur- amount of direct and guaranteed loans as au- renewed during the current fiscal year shall ther, That if the Secretary determines that thorized by title V of the Housing Act of be funded for a 1-year period: Provided fur- additional funds for vouchers described in 1949, to be available from funds in the rural ther, That any unexpended balances remain- this paragraph are needed, funds for the pres- housing insurance fund, as follows: ing at the end of such 1-year agreements ervation and revitalization demonstration $24,900,000,000 for loans to section 502 bor- may be transferred and used for the purposes program may be used for such vouchers: Pro- rowers, of which $900,000,000 shall be for di- of any debt reduction; maintenance, repair, vided further, That if Congress enacts legisla- rect loans, and of which $24,000,000,000 shall or rehabilitation of any existing projects; tion to permanently authorize a multi-fam- be for unsubsidized guaranteed loans; preservation; and rental assistance activities ily rental housing loan restructuring pro- $10,000,000 for section 504 housing repair authorized under title V of the Act: Provided gram similar to the demonstration program loans; $64,478,000 for section 515 rental hous- further, That rental assistance provided described herein, the Secretary may use ing; $130,000,000 for section 538 guaranteed under agreements entered into prior to fiscal funds made available for the demonstration multi-family housing loans; $10,000,000 for year 2012 for a farm labor multi-family hous- program under this heading to carry out credit sales of single family housing acquired ing project financed under section 514 or 516 such legislation with the prior approval of property; and $5,000,000 for section 523 self- of the Act may not be recaptured for use in the Committees on Appropriations of both help housing land development loans. another project until such assistance has re- Houses of Congress: Provided further, That in For the cost of direct and guaranteed mained unused for a period of 12 consecutive addition to any other available funds, the loans, including the cost of modifying loans, months, if such project has a waiting list of Secretary may expend not more than as defined in section 502 of the Congressional tenants seeking such assistance or the $1,000,000 total, from the program funds made Budget Act of 1974, as follows: section 502 project has rental assistance eligible tenants available under this heading, for administra- loans, $42,570,000 shall be for direct loans; who are not receiving such assistance: Pro- tive expenses for activities funded under this section 504 housing repair loans, $1,421,000; vided further, That such recaptured rental as- heading. and repair, rehabilitation, and new construc- sistance shall, to the extent practicable, be MUTUAL AND SELF-HELP HOUSING GRANTS applied to another farm labor multifamily tion of section 515 rental housing, $22,000,000: For grants and contracts pursuant to sec- housing project financed under section 514 or Provided, That hereafter, the Secretary may tion 523(b)(1)(A) of the Housing Act of 1949 (42 516 of the Act. charge a guarantee fee of up to 4 percent on U.S.C. 1490c), $30,000,000, to remain available section 502 guaranteed loans: Provided fur- MULTI-FAMILY HOUSING REVITALIZATION until expended: Provided, That of the total ther, That to support the loan program level PROGRAM ACCOUNT amount appropriated under this heading, the for section 538 guaranteed loans made avail- For the rural housing voucher program as amount equal to the amount of Mutual and able under this heading the Secretary may authorized under section 542 of the Housing Self- Help Housing Grants allocated by the charge or adjust any fees to cover the pro- Act of 1949, but notwithstanding subsection Secretary for Rural Economic Area Partner- jected cost of such loan guarantees pursuant (b) of such section, and for additional costs ship Zones for the fiscal year 2011, shall be to the provisions of the Credit Reform Act of to conduct a demonstration program for the available through June 30, 2012, for commu- 1990 (2 U.S.C. 661 et seq.), and the interest on preservation and revitalization of multi-fam- nities designated by the Secretary of Agri- such loans may not be subsidized: Provided ily rental housing properties described in culture as Rural Economic Area Partnership further, That of the total amount appro- this paragraph, $13,000,000, to remain avail- Zones. priated in this paragraph, the amount equal able until expended: Provided, That of the RURAL HOUSING ASSISTANCE GRANTS to the amount of Rural Housing Insurance funds made available under this heading, Fund Program Account funds allocated by $11,000,000, shall be available for rural hous- (INCLUDING TRANSFER OF FUNDS) the Secretary for Rural Economic Area Part- ing vouchers to any low-income household For grants and contracts for very low-in- nership Zones for the fiscal year 2011, shall (including those not receiving rental assist- come housing repair, supervisory and tech- be available through June 30, 2012, for com- ance) residing in a property financed with a nical assistance, compensation for construc- munities designated by the Secretary of Ag- section 515 loan which has been prepaid after tion defects, and rural housing preservation riculture as Rural Economic Area Partner- September 30, 2005: Provided further, That the made by the Rural Housing Service, as au- ship Zones: Provided further, That any bal- amount of such voucher shall be the dif- thorized by 42 U.S.C. 1474, 1479(c), 1490e, and ances for a demonstration program for the ference between comparable market rent for 1490m, $34,271,000, to remain available until preservation and revitalization of the section the section 515 unit and the tenant paid rent expended: Provided, That of the total amount 515 multi-family rental housing properties as for such unit: Provided further, That funds appropriated under this heading, the amount authorized by Public Law 109–97, Public Law made available for such vouchers shall be equal to the amount of Rural Housing Assist- 110–5, and Public Law 111–80 shall be trans- subject to the availability of annual appro- ance Grants allocated by the Secretary for ferred to and merged with the ‘‘Rural Hous- priations: Provided further, That the Sec- Rural Economic Area Partnership Zones for

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the fiscal year 2011, shall be available RURAL BUSINESS—COOPERATIVE SERVICE shall be transferred to and merged with the through June 30, 2012, for communities des- RURAL BUSINESS PROGRAM ACCOUNT appropriation for ‘‘Rural Development, Sala- ignated by the Secretary of Agriculture as (INCLUDING TRANSFERS OF FUNDS) ries and Expenses’’. Rural Economic Area Partnership Zones: For the cost of loan guarantees and grants, RURAL ECONOMIC DEVELOPMENT LOANS Provided further, That any balances to carry for the rural business development programs PROGRAM ACCOUNT out a housing demonstration program to pro- authorized by sections 306 and 310B and de- (INCLUDING RESCISSION OF FUNDS) vide revolving loans for the preservation of scribed in sections 310B(f) and 381E(d)(3) of For the principal amount of direct loans, low-income multi-family housing projects as the Consolidated Farm and Rural Develop- as authorized under section 313 of the Rural authorized in Public Law 108–447 and Public ment Act, $79,665,000, to remain available Electrification Act, for the purpose of pro- Law 109–97 shall be transferred to and until expended: Provided, That of the amount moting rural economic development and job merged with the ‘‘Rural Housing Service, appropriated under this heading, not to ex- creation projects, $33,077,000. Multi-family Housing Revitalization Pro- ceed $475,000 shall be made available for a Of the funds derived from interest on the gram Account’’. grant to a qualified national organization to cushion of credit payments, as authorized by RURAL COMMUNITY FACILITIES PROGRAM provide technical assistance for rural trans- section 313 of the Rural Electrification Act ACCOUNT portation in order to promote economic de- of 1936, $155,000,000 shall not be obligated and velopment and $2,900,000 shall be for grants $155,000,000 are rescinded. (INCLUDING TRANSFERS OF FUNDS) to the Delta Regional Authority (7 U.S.C. RURAL COOPERATIVE DEVELOPMENT GRANTS For gross obligations for the principal 2009aa et seq.) for any Rural Community Ad- For rural cooperative development grants amount of direct loans as authorized by sec- vancement Program purpose as described in authorized under section 310B(e) of the Con- tion 306 and described in section 381E(d)(1) of section 381E(d) of the Consolidated Farm and solidated Farm and Rural Development Act the Consolidated Farm and Rural Develop- Rural Development Act, of which not more (7 U.S.C. 1932), $27,915,000, of which $2,250,000 ment Act, $1,300,000,000. than 5 percent may be used for administra- shall be for cooperative agreements for the For the cost of grants for rural community tive expenses: Provided further, That appropriate technology transfer for rural facilities programs as authorized by section $4,000,000 of the amount appropriated under areas program: Provided, That not to exceed 306 and described in section 381E(d)(1) of the this heading shall be for business grants to $2,938,000 shall be for grants for cooperative Consolidated Farm and Rural Development benefit Federally Recognized Native Amer- development centers, individual coopera- Act, $26,274,000, to remain available until ex- ican Tribes, including $250,000 for a grant to tives, or groups of cooperatives that serve pended: Provided, That $4,242,000 of the a qualified national organization to provide socially disadvantaged groups and a major- amount appropriated under this heading technical assistance for rural transportation ity of the boards of directors or governing shall be available for a Rural Community in order to promote economic development: boards of which are comprised of individuals Development Initiative: Provided further, Provided further, That of the amount appro- who are members of socially disadvantaged That such funds shall be used solely to de- priated under this heading, the amount equal groups; and of which $16,005,000, to remain velop the capacity and ability of private, to the amount of Rural Business Program available until expended, shall be for value- nonprofit community-based housing and Account funds allocated by the Secretary for added agricultural product market develop- community development organizations, low- Rural Economic Area Partnership Zones for ment grants, as authorized by section 231 of income rural communities, and Federally the fiscal year 2011, shall be available the Agricultural Risk Protection Act of 2000 Recognized Native American Tribes to un- through June 30, 2012, for communities des- (7 U.S.C. 1621 note). ignated by the Secretary of Agriculture as dertake projects to improve housing, com- RURAL ENERGY FOR AMERICA PROGRAM Rural Economic Area Partnership Zones for munity facilities, community and economic For the cost of a program of loan guaran- development projects in rural areas: Provided the rural business and cooperative develop- ment programs described in section tees and grants, under the same terms and further, That such funds shall be made avail- conditions as authorized by section 9007 of able to qualified private, nonprofit and pub- 381E(d)(3) of the Consolidated Farm and Rural Development Act: Provided further, the Farm Security and Rural Investment lic intermediary organizations proposing to Act of 2002 (7 U.S.C. 8107), $4,500,000: Provided, carry out a program of financial and tech- That sections 381E–H and 381N of the Con- solidated Farm and Rural Development Act That the cost of loan guarantees, including nical assistance: Provided further, That such the cost of modifying such loans, shall be as intermediary organizations shall provide are not applicable to funds made available under this heading: Provided further, That defined in section 502 of the Congressional matching funds from other sources, includ- Budget Act of 1974. ing Federal funds for related activities, in an any prior balances in the Rural Develop- RURAL UTILITIES SERVICE amount not less than funds provided: Pro- ment, Rural Community Advancement Pro- vided further, That $5,938,000 of the amount gram account for programs authorized by RURAL WATER AND WASTE DISPOSAL PROGRAM appropriated under this heading shall be to sections 306 and 310B and described in sec- ACCOUNT provide grants for facilities in rural commu- tions 310B(f) and 381E(d)(3) of such Act be (INCLUDING TRANSFERS OF FUNDS) nities with extreme unemployment and se- transferred and merged with this account For the cost of direct loans, loan guaran- vere economic depression (Public Law 106– and any other prior balances from the Rural tees, and grants for the rural water, waste 387), with up to 5 percent for administration Development, Rural Community Advance- water, waste disposal, and solid waste man- and capacity building in the State rural de- ment Program account that the Secretary agement programs authorized by sections velopment offices: Provided further, That determines is appropriate to transfer. 306, 306A, 306C, 306D, 306E, and 310B and de- $3,369,000 of the amount appropriated under RURAL DEVELOPMENT LOAN FUND PROGRAM scribed in sections 306C(a)(2), 306D, 306E, and this heading shall be available for commu- ACCOUNT 381E(d)(2) of the Consolidated Farm and nity facilities grants to tribal colleges, as (INCLUDING TRANSFER OF FUNDS) Rural Development Act, $509,295,000, to re- authorized by section 306(a)(19) of such Act: For the principal amount of direct loans, main available until expended, of which not Provided further, That of the amount appro- as authorized by the Rural Development to exceed $422,000 shall be available for the priated under this heading, the amount equal Loan Fund (42 U.S.C. 9812(a)), $20,661,000. For rural utilities program described in section to the amount of Rural Community Facili- the cost of direct loans, $7,000,000, as author- 306(a)(2)(B) of such Act, and of which not to ties Program Account funds allocated by the ized by the Rural Development Loan Fund exceed $844,000 shall be available for the Secretary for Rural Economic Area Partner- (42 U.S.C. 9812(a)), of which $1,000,000 shall be rural utilities program described in section ship Zones for the fiscal year 2011, shall be available through June 30, 2012, for Federally 306E of such Act: Provided, That $67,200,000 of available through June 30, 2012, for commu- Recognized Native American Tribes and of the amount appropriated under this heading nities designated by the Secretary of Agri- which $2,000,000 shall be available through shall be for loans and grants including water culture as Rural Economic Area Partnership June 30, 2012, for Mississippi Delta Region and waste disposal systems grants author- Zones for the rural community programs de- counties (as determined in accordance with ized by 306C(a)(2)(B) and 306D of the Consoli- scribed in section 381E(d)(1) of the Consoli- Public Law 100–460): Provided, That such dated Farm and Rural Development Act, dated Farm and Rural Development Act: Pro- costs, including the cost of modifying such Federally recognized Native American vided further, That sections 381E–H and 381N loans, shall be as defined in section 502 of the Tribes authorized by 306C(a)(1), and the De- of the Consolidated Farm and Rural Develop- Congressional Budget Act of 1974: Provided partment of Hawaiian Home Lands (of the ment Act are not applicable to the funds further, That of the total amount appro- State of Hawaii): Provided further, That fund- made available under this heading: Provided priated under this heading, the amount equal ing provided for section 306D of the Consoli- further, That any prior balances in the Rural to the amount of Rural Development Loan dated Farm and Rural Development Act may Development, Rural Community Advance- Fund Program Account funds allocated by be provided to a consortium formed pursuant ment Program account for programs author- the Secretary for Rural Economic Area Part- to section 325 of Public Law 105–83: Provided ized by section 306 and described in section nership Zones for the fiscal year 2011, shall further, That not more than 2 percent of the 381E(d)(1) of such Act be transferred and be available through June 30, 2012, for com- funding provided for section 306D of the Con- merged with this account and any other munities designated by the Secretary of Ag- solidated Farm and Rural Development Act prior balances from the Rural Development, riculture as Rural Economic Area Partner- may be used by the State of Alaska for train- Rural Community Advancement Program ac- ship Zones. ing and technical assistance programs and count that the Secretary determines is ap- In addition, for administrative expenses to not more than 2 percent of the funding pro- propriate to transfer. carry out the direct loan programs, $4,684,000 vided for section 306D of the Consolidated

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.034 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6522 CONGRESSIONAL RECORD — SENATE October 13, 2011 Farm and Rural Development Act may be section 502 of the Congressional Budget Act tion Act of 1966 (42 U.S.C. 1786), $6,582,497,000, used by a consortium formed pursuant to of 1974, as follows: $594,000 for guaranteed un- to remain available through September 30, section 325 of Public Law 105–83 for training derwriting loans authorized by section 313A 2013: Provided, That notwithstanding section and technical assistance programs: Provided of the Rural Electrification Act of 1936 (7 17(h)(10) of the Child Nutrition Act of 1966 (42 further, That not to exceed $19,000,000 of the U.S.C. 940c–1). U.S.C. 1786(h)(10)), of the amounts made amount appropriated under this heading In addition, for administrative expenses available under this heading, not less than shall be for technical assistance grants for necessary to carry out the direct and guar- $60,000,000 shall be used for breast-feeding rural water and waste systems pursuant to anteed loan programs, $36,382,000, which shall peer counselors and other related activities: section 306(a)(14) of such Act, unless the Sec- be transferred to and merged with the appro- Provided further, That funds made available retary makes a determination of extreme priation for ‘‘Rural Development, Salaries for the purposes specified in section need, of which $5,750,000 shall be made avail- and Expenses’’. 17(h)(10)(B) shall only be made available upon a determination by the Secretary that able for a grant to a qualified non-profit DISTANCE LEARNING, TELEMEDICINE, AND multi-state regional technical assistance or- funds are available to meet caseload require- BROADBAND PROGRAM ganization, with experience in working with ments: Provided further, That none of the small communities on water and waste water For the principal amount of broadband funds provided in this account shall be avail- problems, the principal purpose of such grant telecommunication loans, $282,686,000. able for the purchase of infant formula ex- shall be to assist rural communities with For grants for telemedicine and distance cept in accordance with the cost contain- populations of 3,300 or less, in improving the learning services in rural areas, as author- ment and competitive bidding requirements planning, financing, development, operation, ized by 7 U.S.C. 950aaa et seq., $28,570,000, to specified in section 17 of such Act: Provided and management of water and waste water remain available until expended: Provided, further, That none of the funds provided shall systems, and of which not less than $800,000 That $3,000,000 shall be made available for be available for activities that are not fully shall be for a qualified national Native grants authorized by 379G of the Consoli- reimbursed by other Federal Government de- American organization to provide technical dated Farm and Rural Development Act: Pro- partments or agencies unless authorized by assistance for rural water systems for tribal vided further, That $3,000,000 shall be made section 17 of such Act. communities: Provided further, That not to available to those noncommercial edu- SUPPLEMENTAL NUTRITION ASSISTANCE exceed $15,000,000 of the amount appropriated cational television broadcast stations that PROGRAM under this heading shall be for contracting serve rural areas and are qualified for Com- For necessary expenses to carry out the with qualified national organizations for a munity Service Grants by the Corporation Food and Nutrition Act of 2008 (7 U.S.C. 2011 circuit rider program to provide technical for Public Broadcasting under section 396(k) et seq.), $80,402,722,000, of which $3,000,000,000, assistance for rural water systems: Provided of the Communications Act of 1934, including to remain available through September 30, further, That of the amount appropriated associated translators and repeaters, regard- 2013, shall be placed in reserve for use only in under this heading, the amount equal to the less of the location of their main trans- such amounts and at such times as may be- amount of Rural Water and Waste Disposal mitter, studio-to-transmitter links, and come necessary to carry out program oper- Program Account funds allocated by the Sec- equipment to allow local control over digital ations: Provided, That funds provided herein retary for Rural Economic Area Partnership content and programming through the use of shall be expended in accordance with section Zones for the fiscal year 2011, shall be avail- high definition broadcast, multi-casting and 16 of the Food and Nutrition Act of 2008: Pro- able through June 30, 2012, for communities datacasting technologies. vided further, That of the funds made avail- designated by the Secretary of Agriculture For the cost of broadband loans, as author- able under this heading, $1,000,000 may be as Rural Economic Area Partnership Zones ized by section 601 of the Rural Electrifica- used to provide nutrition education services for the rural utilities programs described in tion Act, $8,000,000, to remain available until to state agencies and Federally recognized section 381E(d)(2) of the Consolidated Farm expended: Provided, That the cost of direct tribes participating in the Food Distribution and Rural Development Act: Provided further, loans shall be as defined in section 502 of the Program on Indian Reservations: Provided That $10,000,000 of the amount appropriated Congressional Budget Act of 1974. further, That this appropriation shall be sub- under this heading shall be transferred to, In addition, $10,372,000, to remain available ject to any work registration or workfare re- and merged with, the Rural Utilities Service, until expended, for a grant program to fi- quirements as may be required by law: Pro- High Energy Cost Grants Account to provide nance broadband transmission in rural areas vided further, That funds made available for grants authorized under section 19 of the eligible for Distance Learning and Telemedi- Employment and Training under this head- Rural Electrification Act of 1936 (7 U.S.C. cine Program benefits authorized by 7 U.S.C. ing shall remain available until expended, 918a): Provided further, That any prior year 950aaa. notwithstanding section 16(h)(1) of the Food balances for high cost energy grants author- TITLE IV and Nutrition Act of 2008: Provided further, ized by section 19 of the Rural Electrifica- DOMESTIC FOOD PROGRAMS That funds made available under this head- tion Act of 1936 (7 U.S.C. 918a) shall be trans- ing may be used to enter into contracts and OFFICE OF THE UNDER SECRETARY FOR FOOD, ferred to and merged with the Rural Utilities employ staff to conduct studies, evaluations, NUTRITION AND CONSUMER SERVICES Service, High Energy Costs Grants Account: or to conduct activities related to program Provided further, That sections 381E–H and For necessary expenses of the Office of the integrity provided that such activities are 381N of the Consolidated Farm and Rural De- Under Secretary for Food, Nutrition and authorized by the Food and Nutrition Act of velopment Act are not applicable to the Consumer Services, $770,000. 2008. funds made available under this heading: FOOD AND NUTRITION SERVICE COMMODITY ASSISTANCE PROGRAM Provided further, That any prior balances in CHILD NUTRITION PROGRAMS For necessary expenses to carry out dis- the Rural Development, Rural Community (INCLUDING TRANSFERS OF FUNDS) aster assistance and the Commodity Supple- Advancement Program account programs au- For necessary expenses to carry out the mental Food Program as authorized by sec- thorized by sections 306, 306A, 306C, 306D, tion 4(a) of the Agriculture and Consumer 306E, and 310B and described in sections Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, Protection Act of 1973 (7 U.S.C. 612c note); 306C(a)(2), 306D, 306E, and 381E(d)(2) of such the Emergency Food Assistance Act of 1983; Act be transferred to and merged with this and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; special assistance for the nuclear affected is- account and any other prior balances from lands, as authorized by section 103(f)(2) of the the Rural Development, Rural Community $18,151,176,000, to remain available through September 30, 2013, of which such sums as are Compact of Free Association Amendments Advancement Program account that the Sec- Act of 2003 (Public Law 108–188); and the retary determines is appropriate to transfer. made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of Farmers’ Market Nutrition Program, as au- RURAL ELECTRIFICATION AND TELECOMMUNI- 2008 (Public Law 110–246), as amended by this thorized by section 17(m) of the Child Nutri- CATIONS LOANS PROGRAM ACCOUNT Act, shall be merged with and available for tion Act of 1966, $242,336,000, to remain avail- (INCLUDING TRANSFER OF FUNDS) the same time period and purposes as pro- able through September 30, 2013: Provided, The principal amount of direct and guaran- vided herein: Provided, That the total That none of these funds shall be available teed loans as authorized by sections 305 and amount available, $1,000,000 shall be avail- to reimburse the Commodity Credit Corpora- 306 of the Rural Electrification Act of 1936 (7 able to implement section 23 of the Child Nu- tion for commodities donated to the pro- U.S.C. 935 and 936) shall be made as follows: trition Act of 1966 (42 U.S.C. 1771 et seq): Pro- gram: Provided further, That notwithstanding any other provision of law, effective with 5 percent rural electrification loans, vided further, That section 14222(b)(1) of the funds made available in fiscal year 2011 to $100,000,000; loans made pursuant to section Food, Conservation, and Energy Act of 2008 support the Seniors Farmers’ Market Nutri- 306 of that Act, rural electric, $6,500,000,000; is amended by adding at the end before the tion Program, as authorized by section 4402 guaranteed underwriting loans pursuant to period, ‘‘except section 21, and the Child Nu- of the Farm Security and Rural Investment section 313A, $424,286,000; 5 percent rural tele- trition Act of 1966 (42 U.S.C. 1771 et seq.), ex- Act of 2002, such funds shall remain available communications loans, $145,000,000; cost of cept sections 17 and 21’’. money rural telecommunications loans, through September 30, 2013: Provided further, $250,000,000; and for loans made pursuant to SPECIAL SUPPLEMENTAL NUTRITION PROGRAM That of the funds made available under sec- section 306 of that Act, rural telecommuni- FOR WOMEN, INFANTS, AND CHILDREN (WIC) tion 27(a) of the Food and Nutrition Act of cations loans, $295,000,000. For necessary expenses to carry out the 2008 (7 U.S.C. 2036(a)), the Secretary may use For the cost of guaranteed loans, including special supplemental nutrition program as up to 10 percent for costs associated with the the cost of modifying loans, as defined in authorized by section 17 of the Child Nutri- distribution of commodities.

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NUTRITION PROGRAMS ADMINISTRATION $6,465,000; to cover common overhead ex- generic drug, and tobacco product assess- For necessary administrative expenses of penses as permitted by section 11 of the Com- ments for fiscal year 2012 received during fis- the Food and Nutrition Service for carrying modity Credit Corporation Charter Act and cal year 2012, including any such fees as- out any domestic nutrition assistance pro- in conformity with the Federal Credit Re- sessed prior to fiscal year 2012 but credited gram, $140,130,000: Provided, That$2,000,000 form Act of 1990, of which $6,129,000 shall be for fiscal year 2012, shall be subject to the shall be used for the purposes of section 4404 transferred to and merged with the appro- fiscal year 2012 limitations: Provided further, of Public Law 107–171, as amended by section priation for ‘‘Foreign Agricultural Service, That none of these funds shall be used to de- 4401 of Public Law 110–246. Salaries and Expenses’’, and of which $336,000 velop, establish, or operate any program of shall be transferred to and merged with the user fees authorized by 31 U.S.C. 9701: Pro- TITLE V appropriation for ‘‘Farm Service Agency, vided further, That of the total amount ap- FOREIGN ASSISTANCE AND RELATED Salaries and Expenses’’. propriated: (1) $944,979,000 shall be for the PROGRAMS Center for Food Safety and Applied Nutri- TITLE VI FOREIGN AGRICULTURAL SERVICE tion and related field activities in the Office RELATED AGENCIES AND FOOD AND of Regulatory Affairs; (2) $978,205,000 shall be SALARIES AND EXPENSES DRUG ADMINISTRATION for the Center for Drug Evaluation and Re- (INCLUDING TRANSFERS OF FUNDS) DEPARTMENT OF HEALTH AND HUMAN search and related field activities in the Of- For necessary expenses of the Foreign Ag- SERVICES fice of Regulatory Affairs, of which no less ricultural Service, including not to exceed FOOD AND DRUG ADMINISTRATION than $52,947,000 shall be available for the Of- fice of Generic Drugs; (3) $328,886,000 shall be $158,000 for representation allowances and for SALARIES AND EXPENSES expenses pursuant to section 8 of the Act ap- for the Center for Biologics Evaluation and For necessary expenses of the Food and proved August 3, 1956 (7 U.S.C. 1766), Research and for related field activities in Drug Administration, including hire and pur- $176,347,000: Provided, That the Service may the Office of Regulatory Affairs; (4) chase of passenger motor vehicles; for pay- utilize advances of funds, or reimburse this $166,365,000 shall be for the Center for Veteri- ment of space rental and related costs pursu- appropriation for expenditures made on be- nary Medicine and for related field activities ant to Public Law 92–313 for programs and half of Federal agencies, public and private in the Office of Regulatory Affairs; (5) activities of the Food and Drug Administra- organizations and institutions under agree- $356,659,000 shall be for the Center for De- tion which are included in this Act; for rent- ments executed pursuant to the agricultural vices and Radiological Health and for related al of special purpose space in the District of food production assistance programs (7 field activities in the Office of Regulatory Columbia or elsewhere; for miscellaneous U.S.C. 1737) and the foreign assistance pro- Affairs; (6) $60,039,000 shall be for the Na- and emergency expenses of enforcement ac- grams of the United States Agency for Inter- tional Center for Toxicological Research; (7) tivities, authorized and approved by the Sec- national Development: Provided further, That $454,751,000 shall be for the Center for To- retary and to be accounted for solely on the funds made available for middle-income bacco Products and for related field activi- Secretary’s certificate, not to exceed $25,000; country training programs and up to ties in the Office of Regulatory Affairs; (8) and notwithstanding section 521 of Public $2,000,000 of the Foreign Agricultural Service not to exceed $133,879,000 shall be for Rent Law 107–188; $3,859,402,000: Provided, That of appropriation solely for the purpose of off- and Related activities, of which $43,981,000 is the amount provided under this heading, setting fluctuations in international cur- for White Oak Consolidation, other than the $702,172,000 shall be derived from prescription rency exchange rates, subject to documenta- amounts paid to the General Services Ad- drug user fees authorized by 21 U.S.C. 379h tion by the Foreign Agricultural Service, ministration for rent; (9) not to exceed shall be credited to this account and remain $209,392,000 shall be for payments to the Gen- shall remain available until expended. available until expended, and shall not in- eral Services Administration for rent; and FOOD FOR PEACE TITLE I DIRECT CREDIT AND clude any fees pursuant to 21 U.S.C. (10) $226,247,000 shall be for other activities, FOOD FOR PROGRESS PROGRAM ACCOUNT 379h(a)(2) and (a)(3) assessed for fiscal year including the Office of the Commissioner of (INCLUDING TRANSFERS OF FUNDS) 2013 but collected in fiscal year 2012; Food and Drugs, the Office of Foods, the Of- For administrative expenses to carry out $57,605,000 shall be derived from medical de- fice of Medical and Tobacco Products, the the credit program of title I, Food for Peace vice user fees authorized by 21 U.S.C. 379j, Office of Global and Regulatory Policy, the Act (Public Law 83–480) and the Food for and shall be credited to this account and re- Office of Operations, the Office of the Chief Progress Act of 1985, $2,666,000, shall be main available until expended; $21,768,000 Scientist, and central services for these of- transferred to and merged with the appro- shall be derived from animal drug user fees fices: Provided further, That not to exceed priation for ‘‘Farm Service Agency, Salaries authorized by 21 U.S.C. 379j, and shall be $25,000 of this amount shall be for official re- and Expenses’’: Provided, That funds made credited to this account and remain avail- ception and representation expenses, not available for the cost of agreements under able until expended; $5,706,000 shall be de- otherwise provided for, as determined by the title I of the Agricultural Trade Develop- rived from animal generic drug user fees au- Commissioner: Provided further, That funds ment and Assistance Act of 1954 and for title thorized by 21 U.S.C. 379f, and shall be cred- be may transferred from one specified activ- I ocean freight differential may be used ited to this account and shall remain avail- ity to another with the prior approval of the interchangeably between the two accounts able until expended; $477,000,000 shall be de- Committees on Appropriations of both with prior notice to the Committees on Ap- rived from tobacco product user fees author- Houses of Congress. In addition, mammography user fees au- propriations of both Houses of Congress. ized by 21 U.S.C. 387s and shall be credited to this account and remain available until ex- thorized by 42 U.S.C. 263b, export certifi- FOOD FOR PEACE TITLE II GRANTS pended; $12,364,000 shall be derived from food cation user fees authorized by 21 U.S.C. 381, For expenses during the current fiscal and feed recall fees authorized by section 743 and priority review user fees authorized by year, not otherwise recoverable, and unre- of the Federal Food, Drug, and Cosmetic Act 21 U.S.C. 360n may be credited to this ac- covered prior years’ costs, including interest (Public Law 75–717), as amended by the Food count, to remain available until expended. thereon, under the Food for Peace Act (Pub- Safety Modernization Act (Public Law 111– BUILDINGS AND FACILITIES lic Law 83–480, as amended), for commodities 353), and shall be credited to this account For plans, construction, repair, improve- supplied in connection with dispositions and remain available until expended; ment, extension, alteration, and purchase of abroad under title II of said Act, $14,700,000 shall be derived from food rein- fixed equipment or facilities of or used by $1,562,000,000, to remain available until ex- spection fees authorized by section 743 of the the Food and Drug Administration, where pended. Federal Food, Drug, and Cosmetic Act (Pub- not otherwise provided, $8,982,000, to remain MC GOVERN-DOLE INTERNATIONAL FOOD FOR lic Law 75–717), as amended by the Food available until expended. EDUCATION AND CHILD NUTRITION PROGRAM Safety Modernization Act (Public Law 111– INDEPENDENT AGENCY GRANTS 353), and shall be credited to this account FARM CREDIT ADMINISTRATION For necessary expenses to carry out the and remain available until expended; and LIMITATION ON ADMINISTRATIVE EXPENSES $71,066,000 shall be derived from voluntary provisions of section 3107 of the Farm Secu- Not to exceed $62,000,000 (from assessments qualified importer program fees authorized rity and Rural Investment Act of 2002 (7 collected from farm credit institutions, in- by section 743 of the Federal Food, Drug, and U.S.C. 1736o–1), $188,000,000, to remain avail- cluding the Federal Agricultural Mortgage Cosmetic Act (Public Law 75–717), as amend- able until expended: Provided, That the Com- Corporation) shall be obligated during the ed by the Food Safety Modernization Act modity Credit Corporation is authorized to current fiscal year for administrative ex- (Public Law 111–353), and shall be credited to provide the services, facilities, and authori- penses as authorized under 12 U.S.C. 2249: ties for the purpose of implementing such this account and remain available until ex- Provided, That this limitation shall not section, subject to reimbursement from pended: Provided further, That in addition apply to expenses associated with receiver- amounts provided herein. and notwithstanding any other provision ships. under this heading, amounts collected for COMMODITY CREDIT CORPORATION EXPORT TITLE VII prescription drug user fees that exceed the (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT fiscal year 2012 limitation are appropriated GENERAL PROVISIONS (INCLUDING TRANSFERS OF FUNDS) and shall be credited to this account and re- (INCLUDING RESCISSIONS AND TRANSFERS OF For administrative expenses to carry out main available until expended: Provided fur- FUNDS) the Commodity Credit Corporation’s export ther, That fees derived from prescription SEC. 701. Within the unit limit of cost fixed guarantee program, GSM 102 and GSM 103, drug, medical device, animal drug, animal by law, appropriations and authorizations

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.035 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6524 CONGRESSIONAL RECORD — SENATE October 13, 2011 made for the Department of Agriculture for expended to disburse obligations made in the tion, and Energy Act of 2008 (Public Law 110– the current fiscal year under this Act shall current fiscal year for the following ac- 246), other than by title I or subtitle A of be available for the purchase, in addition to counts: the Rural Development Loan Fund title III of such Act, or programs for which those specifically provided for, of not to ex- program account, the Rural Electrification indefinite amounts were provided in that Act ceed 204 passenger motor vehicles, of which and Telecommunication Loans program ac- that is authorized or required to be carried 170 shall be for replacement only, and for the count, and the Rural Housing Insurance out using funds of the Commodity Credit hire of such vehicles. Fund program account. Corporation— SEC. 702. The Secretary of Agriculture may SEC. 706. Hereafter, none of the funds ap- (1) such funds shall be available for salaries transfer unobligated balances of discre- propriated by this Act may be used to carry and related administrative expenses, includ- tionary funds appropriated by this Act or out section 410 of the Federal Meat Inspec- ing technical assistance, associated with the other available unobligated discretionary tion Act (21 U.S.C. 679a) or section 30 of the implementation of the program, without re- balances of the Department of Agriculture to Poultry Products Inspection Act (21 U.S.C. gard to the limitation on the total amount the Working Capital Fund for the acquisition 471). of allotments and fund transfers contained in of plant and capital equipment necessary for SEC. 707. None of the funds made available section 11 of the Commodity Credit Corpora- the delivery of financial, administrative, and to the Department of Agriculture by this Act tion Charter Act (15 U.S.C. 714i); and information technology services of primary may be used to acquire new information (2) the use of such funds for such purpose benefit to the agencies of the Department of technology systems or significant upgrades, shall not be considered to be a fund transfer Agriculture: Provided, That none of the funds as determined by the Office of the Chief In- or allotment for purposes of applying the made available by this Act or any other Act formation Officer, without the approval of limitation on the total amount of allotments shall be transferred to the Working Capital the Chief Information Officer and the con- and fund transfers contained in such section. Fund without the prior approval of the agen- currence of the Executive Information Tech- SEC. 715. Funds provided by this Act may cy administrator: Provided further, That none nology Investment Review Board: Provided, be used notwithstanding the requirements of of the funds transferred to the Working Cap- That notwithstanding any other provision of 7 U.S.C. 1736f(e)(1). ital Fund pursuant to this section shall be law, none of the funds appropriated or other- SEC. 716. None of the funds made available available for obligation without written no- wise made available by this Act may be by this or any other Act may be used to close tification to and the prior approval of the transferred to the Office of the Chief Infor- or relocate a Rural Development office un- Committees on Appropriations of both mation Officer without written notification less or until the Secretary of Agriculture de- Houses of Congress: Provided further, That to and the prior approval of the Committees termines the cost effectiveness and/or en- none of the funds appropriated by this Act or on Appropriations of both Houses of Con- hancement of program delivery: Provided, made available to the Department’s Working gress: Provided further, That none of the That not later than 120 days before the date Capital Fund shall be available for obliga- funds available to the Department of Agri- of the proposed closure or relocation, the tion or expenditure to make any changes to culture for information technology shall be Secretary notifies in writing the Committees the Department’s National Finance Center obligated for projects over $25,000 prior to re- on Appropriation of the House and Senate, without written notification to and prior ap- ceipt of written approval by the Chief Infor- and the members of Congress from the State proval of the Committees on Appropriations mation Officer. in which the office is located of the proposed SEC. 708. Funds made available under sec- of both Houses of Congress as required by closure or relocation and provides a report tion 1240I and section 1241(a) of the Food Se- section 711 of this Act: Provided further, That that describes the justifications for such clo- curity Act of 1985 and section 524(b) of the of annual income amounts in the Working sures and relocations. Federal Crop Insurance Act (7 U.S.C. 1524(b)) Capital Fund of the Department of Agri- SEC. 717. Appropriations to the Department in the current fiscal year shall remain avail- culture allocated for the National Finance of Agriculture made available in fiscal years able until expended to disburse obligations Center, the Secretary may reserve not more 2005, 2006, and 2007 to carry out section 601 of made in the current fiscal year. than 4 percent for the replacement or acqui- the Rural Electrification Act of 1936 (7 U.S.C. sition of capital equipment, including equip- SEC. 709. Hereafter, notwithstanding any other provision of law, any former RUS bor- 950bb) for the cost of direct loans shall re- ment for the improvement and implementa- rower that has repaid or prepaid an insured, main available until expended to disburse tion of a financial management plan, infor- direct or guaranteed loan under the Rural valid obligations. mation technology, and other systems of the SEC. 718. None of the funds made available Electrification Act, or any not-for-profit National Finance Center or to pay any un- in fiscal year 2012 or preceding fiscal years utility that is eligible to receive an insured foreseen, extraordinary cost of the National for programs authorized under the Food for or direct loan under such Act, shall be eligi- Finance Center: Provided further, That none Peace Act (7 U.S.C. 1691 et seq.) in excess of ble for assistance under section 313(b)(2)(B) of the amounts reserved shall be available of such Act in the same manner as a bor- $20,000,000 shall be used to reimburse the for obligation unless the Secretary submits rower under such Act. Commodity Credit Corporation for the re- written notification of the obligation to the SEC. 710. Notwithstanding any other provi- lease of eligible commodities under section Committees on Appropriations of the House sion of law, for the purposes of a grant under 302(f)(2)(A) of the Bill Emerson Humani- of Representatives and the Senate: Provided section 412 of the Agricultural Research, Ex- tarian Trust Act (7 U.S.C. 1736f–1): Provided, further, That the limitation on the obliga- tension, and Education Reform Act of 1998, That any such funds made available to reim- tion of funds pending notification to Con- none of the funds in this or any other Act burse the Commodity Credit Corporation gressional Committees shall not apply to may be used to prohibit the provision of in- shall only be used pursuant to section any obligation that, as determined by the kind support from non-Federal sources under 302(b)(2)(B)(i) of the Bill Emerson Humani- Secretary, is necessary to respond to a de- section 412(e)(3) in the form of unrecovered tarian Trust Act. clared state of emergency that significantly indirect costs not otherwise charged against SEC. 719. Of the funds made available by impacts the operations of the National Fi- the grant, consistent with the indirect rate this Act, not more than $1,800,000 shall be nance Center; or to evacuate employees of of cost approved for a recipient. used to cover necessary expenses of activi- the National Finance Center to a safe haven SEC. 711. Except as otherwise specifically ties related to all advisory committees, pan- to continue operations of the National Fi- provided by law, unobligated balances re- els, commissions, and task forces of the De- nance Center. maining available at the end of the fiscal partment of Agriculture, except for panels SEC. 703. No part of any appropriation con- year from appropriations made available for used to comply with negotiated rule makings tained in this Act shall remain available for salaries and expenses in this Act for the and panels used to evaluate competitively obligation beyond the current fiscal year un- Farm Service Agency and the Rural Develop- awarded grants. less expressly so provided herein. ment mission area, shall remain available SEC. 720. Notwithstanding any other provi- SEC. 704. No funds appropriated by this Act through September 30, 2013, for information sion of law, school food authorities which re- may be used to pay negotiated indirect cost technology expenses. ceived a grant for equipment assistance rates on cooperative agreements or similar SEC. 712. The Secretary of Agriculture may under the grant program carried out pursu- arrangements between the United States De- authorize a State agency to use funds pro- ant to the heading ‘‘Food and Nutrition partment of Agriculture and nonprofit insti- vided in this Act to exceed the maximum Service Child Nutrition Programs’’ in title I tutions in excess of 10 percent of the total di- amount of liquid infant formula specified in of division A of the American Recovery and rect cost of the agreement when the purpose 7 C.F.R. 246.10 when issuing liquid infant for- Reinvestment Act of 2009 (Public Law 111–5) of such cooperative arrangements is to carry mula to participants. shall be eligible to receive a grant under sec- out programs of mutual interest between the SEC. 713. No employee of the Department of tion 749 (j) of the Agriculture, Rural Devel- two parties. This does not preclude appro- Agriculture may be detailed or assigned opment, Food and Drug Administration, and priate payment of indirect costs on grants from an agency or office funded by this Act Related Agencies Appropriations Act, 2010 and contracts with such institutions when or any other Act to any other agency or of- (Public Law 111–80). such indirect costs are computed on a simi- fice of the Department for more than 30 days SEC. 721. There is hereby appropriated lar basis for all agencies for which appropria- unless the individual’s employing agency or $1,996,000 to carry out section 1621 of Public tions are provided in this Act. office is fully reimbursed by the receiving Law 110–246. SEC. 705. Appropriations to the Department agency or office for the salary and expenses SEC. 722. There is hereby appropriated of Agriculture for the cost of direct and of the employee for the period of assignment. $600,000 to the Farm Service Agency to carry guaranteed loans made available in the cur- SEC. 714. In the case of each program estab- out a pilot program to demonstrate the use rent fiscal year shall remain available until lished or amended by the Food, Conserva- of new technologies that increase the rate of

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.035 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6525 growth of re-forested hardwood trees on pri- salaries and expenses of personnel who pre- (10) The Rural Energy for America Pro- vate non-industrial forests lands, enrolling pare or submit appropriations language as gram authorized by section 9007 of the Farm lands on the coast of the Gulf of Mexico that part of the President’s Budget submission to Security and Rural Investment Act of 2002 (7 were damaged by Hurricane Katrina in 2005. the Congress of the United States for pro- U.S.C. 8107) in excess of $34,000,000; SEC. 723. (a) None of the funds provided by grams under the jurisdiction of the Appro- (11) Section 508(d)(3) of the Federal Crop this Act, or provided by previous Appropria- priations Subcommittees on Agriculture, Insurance Act (7 U.S.C. 1508(d)(3)) to provide tions Acts to the agencies funded by this Act Rural Development, Food and Drug Adminis- a performance-based premium discount in that remain available for obligation or ex- tration, and Related Agencies that assumes the crop insurance program; penditure in the current fiscal year, or pro- revenues or reflects a reduction from the (12) Agricultural Management Assistance vided from any accounts in the Treasury of previous year due to user fees proposals that Program as authorized by section 524 of the the United States derived by the collection have not been enacted into law prior to the Federal Crop Insurance Act, as amended (7 of fees available to the agencies funded by submission of the Budget unless such Budget U.S.C. 1524) in excess of $2,500,000 for the Nat- this Act, shall be available for obligation or submission identifies which additional ural Resources Conservation Service; and expenditure through a reprogramming of spending reductions should occur in the (13) A program under subsection funds, or in the case of the Department of event the user fees proposals are not enacted (b)(2)(A)(iv) of section 14222 of Public Law Agriculture, through use of the authority prior to the date of the convening of a com- 110–246 in excess of $948,000,000, as follows: provided by section 702(b) of the Department mittee of conference for the fiscal year 2013 Child Nutrition Programs Entitlement Com- of Agriculture Organic Act of 1944 (7 U.S.C. appropriations Act. modities—$465,000,000; State Option Con- 2257) or section 8 of Public Law 89–106 (7 SEC. 725. The Secretary may reserve, tracts—$5,000,000; Removal of Defective Com- U.S.C. 2263), that— through April 1, 2012, up to 5 percent of the modities—$2,500,000: Provided, That none of (1) creates new programs; funding available for the following items for the funds made available in this Act or any (2) eliminates a program, project, or activ- projects in areas that are engaged in stra- other Act shall be used for salaries and ex- ity; tegic regional development planning as de- penses to carry out section 19(i)(1)(E) of the (3) increases funds or personnel by any fined by the Secretary: business and industry Richard B. Russell National School Lunch means for any project or activity for which guaranteed loans; rural development loan Act as amended by section 4304 of Public funds have been denied or restricted; fund; rural business enterprise grants; rural Law 110–246 in excess of $20,000,000, including (4) relocates an office or employees; business opportunity grants; rural economic the transfer of funds under subsection (c) of (5) reorganizes offices, programs, or activi- development program; rural microenterprise section 14222 of Public Law 110–246, until Oc- ties; or program; biorefinery assistance program; tober 1, 2012: Provided further, That (6) contracts out or privatizes any func- rural energy for America program; value- $133,000,000 made available on October 1, 2012, tions or activities presently performed by added producer grants; broadband program; to carry out section 19(i)(1)(E) of the Richard Federal employees; unless the Secretary of water and waste program; and rural commu- B. Russell National School Lunch Act as Agriculture or the Secretary of Health and nity facilities program amended by section 4304 of Public Law 110– Human Services (as the case may be) noti- SEC. 726. None of the funds appropriated or 246 shall be excluded from the limitation de- fies, in writing, the Committees on Appro- scribed in subsection (b)(2)(A)(v) of section priations of both Houses of Congress at least otherwise made available by this or any other Act shall be used to pay the salaries 14222 of Public Law 110–246: Provided further, 30 days in advance of the reprogramming of That none of the funds appropriated or oth- such funds or the use of such authority. and expenses of personnel to carry out the following: erwise made available by this or any other (b) None of the funds provided by this Act, Act shall be used to pay the salaries or ex- or provided by previous Appropriations Acts (1) The Conservation Stewardship Program penses of any employee of the Department of to the agencies funded by this Act that re- authorized by sections 1238D–1238G of the Agriculture or officer of the Commodity main available for obligation or expenditure Food Security of Act 1985 (16 U.S.C. 3838d– Credit Corporation to carry out clause 3 of in the current fiscal year, or provided from 3838g) in excess of $809,000,000; section 32 of the Agricultural Adjustment any accounts in the Treasury of the United (2) The Watershed Rehabilitation program Act of 1935 (Public Law 74–320, 7 U.S.C. 612c, States derived by the collection of fees avail- authorized by section 14(h) of the Watershed as amended), or for any surplus removal ac- able to the agencies funded by this Act, shall Protection and Flood Prevention Act (16 tivities or price support activities under sec- be available for obligation or expenditure for U.S.C. 1012(h)); tion 5 of the Commodity Credit Corporation activities, programs, or projects through a (3) The Environmental Quality Incentives Charter Act: Provided further, That of the reprogramming or use of the authorities re- Program as authorized by sections 1240–1240H available unobligated balances under ferred to in subsection (a) involving funds in of the Food Security Act of 1985 (16 U.S.C. (b)(2)(A)(iv) of section 14222 of Public Law excess of $500,000 or 10 percent, whichever is 3839aa–3839aa–8) in excess of $1,400,000,000: 110–246, $150,000,000 are hereby rescinded. less, that: Provided, That up to $20,000,000 of the funds made available for the Environmental Qual- SEC. 727. Hereafter, notwithstanding sec- (1) augments existing programs, projects, tion 310B(g)(5) of the Consolidated Farm and or activities; ity Incentives Program as authorized by sec- tions 1240–1240H of the Food Security Act of Rural Development Act (7 U.S.C. 1932(g)(5)), (2) reduces by 10 percent funding for any the Secretary may assess a one-time fee for existing program, project, or activity, or 1985 (16 U.S.C. 3839aa–3839aa(8)) may be trans- ferred to a program as authorized by 16 any guaranteed business and industry loan numbers of personnel by 10 percent as ap- in an amount that does not exceed 3 percent proved by Congress; or U.S.C. 1301–1311 to enroll agricultural lands that experienced significant flooding, as de- of the guaranteed principal portion of the (3) results from any general savings from a loan. termined by the Secretary, in calendar year reduction in personnel which would result in SEC. 728. None of the funds appropriated or 2011: Provided further, That no more than a change in existing programs, activities, or otherwise made available to the Department projects as approved by Congress; unless the $10,000,000 may be used for agreements en- of Agriculture or the Food and Drug Admin- Secretary of Agriculture or the Secretary of tered into with owners or operators in any istration shall be used to transmit or other- Health and Human Services (as the case may one State; wise make available to any non-Department be) notifies, in writing, the Committees on (4) The Farmland Protection Program as of Agriculture or non-Department of Health Appropriations of both Houses of Congress at authorized by section 1238I of the Food Secu- and Human Services employee questions or least 30 days in advance of the reprogram- rity Act of 1985 (16 U.S.C. 3838i) in excess of responses to questions that are a result of in- ming of such funds or the use of such author- $150,000,000; formation requested for the appropriations ity. (5) The Grassland Reserve Program as au- hearing process. (c) The Secretary of Agriculture or the thorized by sections 1238O–1238Q of the Food SEC. 729. (a) Clause (ii) of section Secretary of Health and Human Services Security Act of 1985 (16 U.S.C. 3838o–3838q) in 524(b)(4)(B) of the Federal Crop Insurance shall notify in writing the Committees on excess of 140,907 acres in fiscal year 2012; Act (7 U.S.C. 1524(b)(4)(B)) is amended— Appropriations of both Houses of Congress (6) The Wetlands Reserve Program author- (1) in the heading, by striking ‘‘fiscal years before implementing any program or activ- ized by sections 1237–1237F of the Food Secu- 2008 through 2012’’ and inserting ‘‘certain fis- ity not carried out during the previous fiscal rity Act of 1985 (16 U.S.C. 3837–3837f) to enroll cal years’’; and year unless the program or activity is funded in excess of 185,800 acres in fiscal year 2012; (2) in the text, by striking ‘‘2012’’ and in- by this Act or specifically funded by any (7) The Wildlife Habitat Incentives Act au- serting ‘‘2014’’. other Act. thorized by section 1240N of the Food Secu- (b) Section 1238E(a) of the Food Security (d) As described in this section, no funds rity Act of 1985 (16 U.S.C. 3839bb–1)) in excess Act of 1985 (16 U.S.C. 3838e(a)) is amended by may be used for any activities unless the of $50,000,000; striking ‘‘2012’’ and inserting ‘‘2014’’. Secretary of Agriculture or the Secretary of (8) The Voluntary Public Access and Habi- (c) Section 1240B(a) of the Food Security Health and Human Services receives in writ- tat Incentives Program authorized by sec- Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended ing from the Committee on Appropriations tion 1240R of the Food Security Act of 1985 by striking ‘‘2012’’ and inserting ‘‘2014’’. of both Houses of Congress confirmation of (16 U.S.C. 3839bb–5); (d) Section 1241(a)(6)(E) of the Food Secu- receipt of the notification required in this (9) The Bioenergy Program for Advanced rity Act of 1985 (16 U.S.C. 3841(a)(6)(E)) is section. Biofuels authorized by section 9005 of the amended by striking ‘‘fiscal year 2012’’ and SEC. 724. None of the funds appropriated by Farm Security and Rural Investment Act of inserting ‘‘each of fiscal years 2012 through this or any other Act shall be used to pay the 2002 (7 U.S.C. 8105) in excess of $75,000,000; 2014’’.

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.035 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6526 CONGRESSIONAL RECORD — SENATE October 13, 2011 (e) Section 1241(a) of the Food Security Act TITLE I of section 108(c) of the Mutual Educational of 1985 (16 U.S.C. 3841(a)) is amended— DEPARTMENT OF COMMERCE and Cultural Exchange Act of 1961 (22 U.S.C. (1) in the matter preceding paragraph (1), INTERNATIONAL TRADE ADMINISTRATION 2455(f) and 2458(c)) shall apply in carrying out by striking ‘‘2012,’’ and inserting ‘‘2012 (and these activities: Provided further, That pay- OPERATIONS AND ADMINISTRATION fiscal year 2014 in the case of the programs ments and contributions collected and ac- specified in paragraphs (3)(B), (4), (6), and For necessary expenses for international cepted for materials or services provided as (7)),’’; and trade activities of the Department of Com- part of such activities may be retained for (2) in paragraph (4)(E), by striking ‘‘fiscal merce provided for by law, and for engaging use in covering the cost of such activities, year 2012’’ and inserting ‘‘each of fiscal years in trade promotional activities abroad, in- and for providing information to the public 2012 through 2014’’. cluding expenses of grants and cooperative with respect to the export administration agreements for the purpose of promoting ex- (f) Section 1241(a)(7)(D) of the Food Secu- and national security activities of the De- ports of United States firms, without regard partment of Commerce and other export con- rity Act of 1985 (16 U.S.C. 3841(a)(7)(D)) is to 44 U.S.C. 3702 and 3703; full medical cov- amended by striking ‘‘2012’’ and inserting trol programs of the United States and other erage for dependent members of immediate governments. ‘‘2014’’. families of employees stationed overseas and ECONOMIC DEVELOPMENT ADMINISTRATION SEC. 730. Any unobligated funds included employees temporarily posted overseas; under Treasury symbol codes 12X3336, travel and transportation of employees of ECONOMIC DEVELOPMENT ASSISTANCE 12X2268, 12X0132, 12X2271, 12X2277, 12X1404, the International Trade Administration be- PROGRAMS 12X1501, and 12X1336 are hereby rescinded. tween two points abroad, without regard to For grants for economic development as- sistance as provided by the Public Works and SEC. 731. Of the unobligated balances pro- 49 U.S.C. 40118; employment of Americans Economic Development Act of 1965, for trade vided pursuant to section 16(h)(1)(A) of the and aliens by contract for services; rental of adjustment assistance, and for grants au- Food and Nutrition Act of 2008, $11,000,000 are space abroad for periods not exceeding 10 thorized by section 27 of the Stevenson- hereby rescinded. years, and expenses of alteration, repair, or improvement; purchase or construction of Wydler Technology Innovation Act of 1980 (15 SEC. 732. There is hereby appropriated for temporary demountable exhibition struc- U.S.C. 3701 et seq.), as added by section 603 of the ‘‘Emergency Conservation Program’’, for tures for use abroad; payment of tort claims, the America COMPETES Reauthorization expenses resulting from a major disaster des- in the manner authorized in the first para- Act of 2010 (Public Law 111–358), $220,000,000, ignation pursuant to the Robert T. Stafford graph of 28 U.S.C. 2672 when such claims to remain available until expended. Disaster Relief and Emergency Assistance arise in foreign countries; not to exceed For an additional amount for ‘‘Economic Act (42 U.S.C. 5122(2)), $78,000,000, to remain $245,250 for official representation expenses Development Assistance Programs’’ for ex- available until expended: Provided, That this abroad; purchase of passenger motor vehicles penses related to disaster relief, long-term amount is designated by Congress as being for official use abroad, not to exceed $45,000 recovery, and restoration of infrastructure for disaster relief pursuant to section per vehicle; obtaining insurance on official in areas that received a major disaster des- 251(b)(2)(D) of the Balanced Budget and motor vehicles; and rental of tie lines, ignation in 2011 pursuant to the Robert T. Emergency Deficit Control Act of 1985 (Pub- $441,104,000, to remain available until Sep- Stafford Disaster Relief and Emergency As- lic Law 99–177), as amended: Provided further, tember 30, 2013, of which $9,439,000 is to be de- sistance Act (42 U.S.C. 5122(2)), $135,000,000, to That there is hereby appropriated for the rived from fees to be retained and used by remain available until expended: Provided, ‘‘Emergency Forest Restoration Program’’, the International Trade Administration, not- That such amount is designated by Congress for expenses resulting from a major disaster withstanding 31 U.S.C. 3302: Provided further, as being for disaster relief pursuant to sec- designation pursuant to the Robert T. Staf- That the provisions of the first sentence of tion 251(b)(2)(D) of the Balanced Budget and ford Disaster Relief and Emergency Assist- section 105(f) and all of section 108(c) of the Emergency Deficit Control Act of 1985 (Pub- ance Act (42 U.S.C. 5122(2)), $49,000,000, to re- Mutual Educational and Cultural Exchange lic Law 99–177), as amended. main available until expended: Provided fur- Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall SALARIES AND EXPENSES ther, That this amount is designated by Con- apply in carrying out these activities with- For necessary expenses of administering gress as being for disaster relief pursuant to out regard to section 5412 of the Omnibus the economic development assistance pro- section 251(b)(2)(D) of the Balanced Budget Trade and Competitiveness Act of 1988 (15 grams as provided for by law, $37,166,000: Pro- and Emergency Deficit Control Act of 1985 U.S.C. 4912); and that for the purpose of this vided, That these funds may be used to mon- (Public Law 99–177), as amended: Provided Act, contributions under the provisions of itor projects approved pursuant to title I of further, That there is hereby appropriated for the Mutual Educational and Cultural Ex- the Public Works Employment Act of 1976, the ‘‘Emergency Watershed Protection Pro- change Act of 1961 shall include payment for title II of the Trade Act of 1974, and the Com- gram’’, for expenses resulting from a major assessments for services provided as part of munity Emergency Drought Relief Act of disaster designation pursuant to the Robert these activities: Provided further, That up to 1977. T. Stafford Disaster Relief and Emergency $2,500,000 from amounts provided herein may MINORITY BUSINESS DEVELOPMENT AGENCY Assistance Act (42 U.S.C. 5122(2)), $139,000,000, be available for necessary expenses of the MINORITY BUSINESS DEVELOPMENT to remain available until expended: Provided Commercial Law Development Program, in- further, That this amount is designated by cluding those authorized under section 636(a) For necessary expenses of the Department Congress as being for disaster relief pursuant of the Foreign Assistance Act of 1961 (22 of Commerce in fostering, promoting, and to section 251(b)(2)(D) of the Balanced Budg- U.S.C. 2396(a)). developing minority business enterprise, in- et and Emergency Deficit Control Act of 1985 cluding expenses of grants, contracts, and BUREAU OF INDUSTRY AND SECURITY (Public Law 99–177), as amended. other agreements with public or private or- OPERATIONS AND ADMINISTRATION SEC. 733. Unobligated balances not to ex- ganizations, $29,732,000. For necessary expenses for export adminis- ceed $31,000,000 for the ‘‘Emergency Water- ECONOMIC AND STATISTICAL ANALYSIS tration and national security activities of shed Protection Program’’ provided in Public the Department of Commerce, including SALARIES AND EXPENSES Law 108–199, Public Law 109–234, and Public costs associated with the performance of ex- For necessary expenses, as authorized by Law 110–28 shall be available for the purposes port administration field activities both do- law, of economic and statistical analysis pro- of such program for disasters occurring in mestically and abroad; full medical coverage grams of the Department of Commerce, 2011, and shall remain available until ex- for dependent members of immediate fami- $95,119,000. pended: Provided, That the amounts made lies of employees stationed overseas; em- BUREAU OF THE CENSUS available by this section are designated by ployment of Americans and aliens by con- Congress as being for an emergency require- SALARIES AND EXPENSES tract for services abroad; payment of tort ment pursuant to section 251(b)(2)(A)(i) of For expenses necessary for collecting, com- claims, in the manner authorized in the first the Balanced Budget and Emergency Deficit piling, analyzing, preparing, and publishing paragraph of 28 U.S.C. 2672 when such claims Control Act of 1985 (Public Law 99–177), as statistics, provided for by law, $253,336,000: arise in foreign countries; not to exceed amended. Provided, That from amounts provided here- $11,250 for official representation expenses This Act may be cited as the ‘‘Agriculture, in, funds may be used for promotion, out- abroad; awards of compensation to informers reach, and marketing activities. Rural Development, Food and Drug Adminis- under the Export Administration Act of 1979, tration, and Related Agencies Appropria- and as authorized by 22 U.S.C. 401(b); and PERIODIC CENSUSES AND PROGRAMS tions Act, 2012’’. purchase of passenger motor vehicles for of- (INCLUDING TRANSFER OF FUNDS) ficial use and motor vehicles for law enforce- For necessary expenses to collect and pub- DIVISION B—COMMERCE, JUSTICE, ment use with special requirement vehicles lish statistics for periodic censuses and pro- SCIENCE, AND RELATED AGENCIES eligible for purchase without regard to any grams provided for by law, $690,000,000, to re- The following sums are appropriated, out price limitation otherwise established by main available until September 30, 2013: Pro- of any money in the Treasury not otherwise law, $98,138,000, to remain available until ex- vided, That from amounts provided herein, appropriated, for Departments of Commerce pended, of which $31,279,000 shall be for in- funds may be used for additional promotion, and Justice, and Science, and Related Agen- spections and other activities related to na- outreach, and marketing activities: Provided cies for the fiscal year ending September 30, tional security: Provided, That the provisions further, That within the amounts appro- 2012, and for other purposes, namely: of the first sentence of section 105(f) and all priated, $1,000,000 shall be transferred to the

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Office of the Inspector General for activities ployees under section 8334(a) of title 5, NATIONAL OCEANIC AND ATMOSPHERIC associated with carrying out investigations United States Code, and the normal cost per- ADMINISTRATION and audits related to the Bureau of the Cen- centage (as defined by section 8331(17) of that OPERATIONS, RESEARCH, AND FACILITIES sus. title) as provided by the Office of Personnel (INCLUDING TRANSFER OF FUNDS) NATIONAL TELECOMMUNICATIONS AND Management (OPM) for USPTO’s specific For necessary expenses of activities au- INFORMATION ADMINISTRATION use, of basic pay, of employees subject to subchapter III of chapter 83 of that title; and thorized by law for the National Oceanic and SALARIES AND EXPENSES (2) the present value of the otherwise un- Atmospheric Administration, including For necessary expenses, as provided for by funded accruing costs, as determined by maintenance, operation, and hire of aircraft law, of the National Telecommunications OPM for USPTO’s specific use of post-retire- and vessels; grants, contracts, or other pay- and Information Administration (NTIA), ment life insurance and post-retirement ments to nonprofit organizations for the pur- $45,568,000, to remain available until Sep- health benefits coverage for all USPTO em- poses of conducting activities pursuant to tember 30, 2013: Provided, That, notwith- ployees who are enrolled in Federal Employ- cooperative agreements; and relocation of fa- standing 31 U.S.C. 1535(d), the Secretary of ees Health Benefits (FEHB) and Federal Em- cilities, $3,134,327,000, to remain available Commerce shall charge Federal agencies for ployees Group Life Insurance (FEGLI), shall until September 30, 2013, except for funds costs incurred in spectrum management, be transferred to the Civil Service Retire- provided for cooperative enforcement, which analysis, operations, and related services, ment and Disability Fund, the Employees shall remain available until September 30, and such fees shall be retained and used as Life Insurance Fund, and the Employees 2014: Provided, That fees and donations re- offsetting collections for costs of such spec- Health Benefits Fund, as appropriate, and ceived by the National Ocean Service for the trum services, to remain available until ex- shall be available for the authorized purposes management of national marine sanctuaries pended: Provided further, That the Secretary of those accounts: Provided further, That any may be retained and used for the salaries and of Commerce is authorized to retain and use differences between the present value factors expenses associated with those activities, as offsetting collections all funds trans- published in OPM’s yearly 300 series benefit notwithstanding 31 U.S.C. 3302: Provided fur- ferred, or previously transferred, from other letters and the factors that OPM provides for ther, That in addition, $109,098,000 shall be Government agencies for all costs incurred PTO’s specific use shall be recognized as an derived by transfer from the fund entitled in telecommunications research, engineer- imputed cost on PTO’s financial statements, ‘‘Promote and Develop Fishery Products and ing, and related activities by the Institute where applicable: Provided further, That sec- Research Pertaining to American Fisheries’’: for Telecommunication Sciences of NTIA, in tions 801, 802, and 803 of division B, Public Provided further, That of the $3,250,425,000 furtherance of its assigned functions under Law 108–447 shall remain in effect during fis- provided for in direct obligations under this this paragraph, and such funds received from cal year 2012: Provided further, That the Di- heading $3,134,327,000 is appropriated from other Government agencies shall remain rector may, this year, reduce by regulation the general fund, and $109,098,000 is provided available until expended. fees payable for documents in patent and by transfer and $7,000,000 is derived from re- PUBLIC TELECOMMUNICATIONS FACILITIES, trademark matters, in connection with the coveries of prior year obligations: Provided PLANNING AND CONSTRUCTION filing of documents filed electronically in a further, That payments of funds made avail- able under this heading to the Department of For the administration of prior-year form prescribed by the Director: Provided Commerce Working Capital Fund including grants, recoveries and unobligated balances further, That there shall be a surcharge of 15 Department of Commerce General Counsel of funds previously appropriated are here- percent, as provided for by section 11(i) of legal services shall not exceed $41,105,000: after available for the administration of all the Leahy-Smith America Invents Act: Pro- Provided further, That the total amount open grants until their expiration. vided further, That hereafter the Director shall reduce fees for providing prioritized ex- available for the National Oceanic and At- UNITED STATES PATENT AND TRADEMARK amination of utility and plant patent appli- mospheric Administration corporate services OFFICE cations by 50 percent for small entities that administrative support costs shall not ex- SALARIES AND EXPENSES qualify for reduced fees under 35 U.S.C. ceed $219,291,000: Provided further, That any (INCLUDING TRANSFER OF FUNDS) 41(h)(1), so long as the fees of the prioritized deviation from the amounts designated for specific activities in the explanatory state- For necessary expenses of the United examination program are set to recover the ment accompanying this Act, or any use of States Patent and Trademark Office estimated cost of the program: Provided fur- deobligated balances of funds provided under (USPTO) provided for by law, including de- ther, That the receipts collected as a result this heading in previous years, shall be sub- fense of suits instituted against the Under of these surcharges shall be available within ject to the procedures set forth in section 505 Secretary of Commerce for Intellectual the amounts provided herein to the United of this Act: Provided further, That in allo- Property and Director of the USPTO, States Patent and Trademark Office without cating grants under sections 306 and 306A of $2,706,313,000 to remain available until ex- fiscal year limitation, for all authorized ac- the Coastal Zone Management Act of 1972, as pended: Provided, That the sum herein appro- tivities and operations of the Office: Provided amended, no coastal State shall receive more priated from the general fund shall be re- further, That within the amounts appro- than 5 percent or less than 1 percent of in- duced as offsetting collections assessed and priated, $1,000,000 shall be transferred to the creased funds appropriated over the previous collected pursuant to 15 U.S.C. 1113 and 35 Office of Inspector General for activities as- fiscal year. U.S.C. 41 and 376 are received during fiscal sociated with carrying out investigations In addition, for necessary retired pay ex- year 2012, so as to result in a fiscal year 2012 and audits related to the USPTO. penses under the Retired Serviceman’s Fam- appropriation from the general fund esti- NATIONAL INSTITUTE OF STANDARDS AND ily Protection and Survivor Benefits Plan, mated at $0: Provided further, That during fis- TECHNOLOGY and for payments for the medical care of re- cal year 2012, should the total amount of off- SCIENTIFIC AND TECHNICAL RESEARCH AND tired personnel and their dependents under setting fee collections and the surcharge pro- SERVICES the Dependents Medical Care Act (10 U.S.C. vided herein be less than $2,706,313,000 this 55), such sums as may be necessary. amount shall be reduced accordingly: Pro- For necessary expenses of the National In- vided further, That any amount received in stitute of Standards and Technology, PROCUREMENT, ACQUISITION AND CONSTRUCTION excess of $2,706,313,000 in fiscal year 2012 and $500,000,000, to remain available until ex- For procurement, acquisition and con- deposited in the Patent and Trademark Fee pended, of which not to exceed $9,000,000 may struction of capital assets, including alter- Reserve Fund shall remain available until be transferred to the ‘‘Working Capital ation and modification costs, of the National expended: Provided further, That the Director Fund’’: Provided, That not to exceed $5,000 Oceanic and Atmospheric Administration of the Patent and Trademark Office shall shall be for official reception and representa- (NOAA), $1,833,594,000, to remain available submit a spending plan to the Committees tion expenses. until September 30, 2014, except funds pro- on Appropriations of the House of Represent- INDUSTRIAL TECHNOLOGY SERVICES vided for construction of facilities which atives and the Senate for any amounts made For necessary expenses of the Industrial shall remain available until expended: Pro- available by the preceding proviso and such Technology Services, $120,000,000 to remain vided, That of the $1,841,594,000 provided for spending plan shall be treated as a re- available until expended: Provided, That of in direct obligations under this heading, programming under section 505 of this Act the amounts appropriated herein, $120,000,000 $1,833,594,000 is appropriated from the general and shall not be available for obligation or shall be for the Hollings Manufacturing Ex- fund and $8,000,000 is provided from recov- expenditure except in compliance with the tension Partnership. eries of prior year obligations: Provided fur- procedures set forth in that section: Provided ther, That any deviation from the amounts further, That from amounts provided herein, CONSTRUCTION OF RESEARCH FACILITIES designated for specific activities in the ex- not to exceed $750 shall be made available in For construction of new research facilities, planatory statement accompanying this Act, fiscal year 2012 for official reception and rep- including architectural and engineering de- or any use of deobligated balances of funds resentation expenses: Provided further, That sign, and for renovation and maintenance of provided under this heading in previous in fiscal year 2012 from the amounts made existing facilities, not otherwise provided for years, shall be subject to the procedures set available for ‘‘Salaries and Expenses’’ for the the National Institute of Standards and forth in section 505 of this Act: Provided fur- USPTO, the amounts necessary to pay: (1) Technology, as authorized by 15 U.S.C. 278c– ther, That the Secretary of Commerce shall the difference between the percentage of 278e, $60,000,000, to remain available until ex- include in budget justification materials basic pay contributed by the USPTO and em- pended. that the Secretary submits to Congress in

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Nothing in this title shall be con- United States Code) an estimate for each ments not otherwise authorized only upon strued to prevent a grant recipient from de- NOAA Procurement, Acquisition or Con- the certification of officials designated by terring child pornography, copyright in- struction project having a total of more than the Secretary of Commerce that such pay- fringement, or any other unlawful activity $5,000,000 and simultaneously the budget jus- ments are in the public interest. over its networks. tification shall include an estimate of the SEC. 102. During the current fiscal year, ap- SEC. 108. The administration of the Na- budgetary requirements for each such propriations made available to the Depart- tional Oceanic and Atmospheric Administra- project for each of the 5 subsequent fiscal ment of Commerce by this Act for salaries tion is authorized to use, with their consent, years. and expenses shall be available for hire of with reimbursement and subject to the lim- passenger motor vehicles as authorized by 31 its of available appropriations, the land, PACIFIC COASTAL SALMON RECOVERY FUND U.S.C. 1343 and 1344; services as authorized services, equipment, personnel, and facilities For necessary expenses associated with the by 5 U.S.C. 3109; and uniforms or allowances of any department, agency or instrumen- restoration of Pacific salmon populations, therefor, as authorized by law (5 U.S.C. 5901– tality of the United States, or of any State, $65,000,000, to remain available until Sep- 5902). local government, Indian tribal government, tember 30, 2013: Provided, That of the funds SEC. 103. Not to exceed 5 percent of any ap- Territory or possession, or of any political provided herein the Secretary of Commerce propriation made available for the current subdivision thereof, or of any foreign govern- may issue grants to the States of Wash- fiscal year for the Department of Commerce ment or international organization for pur- ington, Oregon, Idaho, Nevada, California, in this Act may be transferred between such poses related to carrying out the responsibil- and Alaska, and Federally recognized tribes appropriations, but no such appropriation ities of any statute administered by the Na- of the Columbia River and Pacific Coast (in- shall be increased by more than 10 percent tional Oceanic and Atmospheric Administra- cluding Alaska) for projects necessary for by any such transfers: Provided, That any tion. conservation of salmon and steelhead popu- transfer pursuant to this section shall be SEC. 109. All balances in the Coastal Zone lations, for restoration of populations that treated as a reprogramming of funds under Management Fund, whether unobligated or are listed as threatened or endangered, or section 505 of this Act and shall not be avail- unavailable, are hereby permanently can- identified by a State as at-risk to be so-list- able for obligation or expenditure except in celled, and notwithstanding section 308(b) of ed, for maintaining populations necessary compliance with the procedures set forth in the Coastal Zone Management Act of 1972, as for exercise of tribal treaty fishing rights or that section: Provided further, That the Sec- amended (16 U.S.C. 1456a), any future pay- native subsistence fishing, or for conserva- retary of Commerce shall notify the Com- ments to the Fund made pursuant to sec- tion of Pacific coastal salmon and steelhead mittees on Appropriations at least 15 days in tions 307 (16 U.S.C. 1456) and 308 (16 U.S.C. habitat, based on guidelines to be developed advance of the acquisition or disposal of any 1456a) of the Coastal Zone Management Act by the Secretary of Commerce: Provided fur- capital asset (including land, structures, and of 1972, as amended, shall, in this fiscal year ther, That all funds shall be allocated based equipment) not specifically provided for in and any future fiscal years, be treated in ac- on scientific and other merit principles and this Act or any other law appropriating cordance with the Federal Credit Reform Act shall not be available for marketing activi- funds for the Department of Commerce: Pro- of 1990, as amended. SEC. 110. There is established in the Treas- ties: Provided further, That funds disbursed to vided further, That for the National Oceanic ury a non-interest bearing fund to be known States shall be subject to a matching re- and Atmospheric Administration this sec- as the ‘‘Fisheries Enforcement Asset For- quirement of funds or documented in-kind tion shall provide for transfers among appro- feiture Fund’’, which shall consist of all contributions of at least 33 percent of the priations made only to the National Oceanic sums received as fines, penalties, and forfeit- Federal funds. and Atmospheric Administration and such ures of property for violations of any provi- appropriations may not be transferred and FISHERMEN’S CONTINGENCY FUND sions of 16 U.S.C. chapter 38 or of any other For carrying out the provisions of title IV reprogrammed to other Department of Com- marine resource law enforced by the Sec- of Public Law 95–372, not to exceed $350,000, merce bureaus and appropriation accounts. retary of Commerce, including the Lacey Act SEC. 104. Any costs incurred by a depart- to be derived from receipts collected pursu- Amendments of 1981 (16 U.S.C. 3371 et seq.) ment or agency funded under this title re- ant to that Act, to remain available until ex- and with the exception of collections pursu- sulting from personnel actions taken in re- pended. ant to 16 U.S.C. 1437, which are currently de- sponse to funding reductions included in this posited in the Operations, Research, and Fa- FISHERIES FINANCE PROGRAM ACCOUNT title or from actions taken for the care and cilities account: Provided, That all unobli- Subject to section 502 of the Congressional protection of loan collateral or grant prop- gated balances that have been collected pur- Budget Act of 1974, during fiscal year 2012, erty shall be absorbed within the total budg- suant to 16 U.S.C. 1861 or any other marine obligations of direct loans may not exceed etary resources available to such department $24,000,000 for Individual Fishing Quota loans resource law enforced by the Secretary of or agency: Provided, That the authority to Commerce with the exception of 16 U.S.C. and not to exceed $59,000,000 for traditional transfer funds between appropriations ac- direct loans as authorized by the Merchant 1437 shall be transferred from the Operations, counts as may be necessary to carry out this Research, and Facilities account into the Marine Act of 1936: Provided, That none of section is provided in addition to authorities Fisheries Enforcement Asset Forfeiture the funds made available under this heading included elsewhere in this Act: Provided fur- Fund and shall remain available until ex- may be used for direct loans for any new ther, That use of funds to carry out this sec- pended. fishing vessel that will increase the har- tion shall be treated as a reprogramming of SEC. 111. There is established in the Treas- vesting capacity in any United States fish- funds under section 505 of this Act and shall ury a non-interest bearing fund to be known ery. not be available for obligation or expendi- as the ‘‘Sanctuaries Enforcement Asset For- DEPARTMENTAL MANAGEMENT ture except in compliance with the proce- feiture Fund’’, which shall consist of all SALARIES AND EXPENSES dures set forth in that section. sums received as fines, penalties, and forfeit- SEC. 105. The requirements set forth by sec- For expenses necessary for the depart- ures of property for violations of any provi- tion 112 of division B of Public Law 110–161 mental management of the Department of sions of 16 U.S.C. chapter 38, which are cur- are hereby adopted by reference. Commerce provided for by law, including not rently deposited in the Operations, Research, SEC. 106. Notwithstanding any other law, and Facilities account: Provided, That all un- to exceed $5,000 for official reception and rep- the Secretary may furnish services (includ- resentation, $56,726,000. obligated balances that have been collected ing but not limited to utilities, tele- pursuant to 16 U.S.C. 1437 shall be trans- RENOVATION AND MODERNIZATION communications, and security services) nec- ferred from the Operations, Research, and For expenses necessary, including blast essary to support the operation, mainte- Facilities account into the Sanctuaries En- windows, for the renovation and moderniza- nance, and improvement of space that per- forcement Asset Forfeiture Fund and shall tion of Department of Commerce facilities, sons, firms or organizations are authorized remain available until expended. $5,000,000, to remain available until ex- pursuant to the Public Buildings Cooperative SEC. 112. Notwithstanding any other provi- pended. Use Act of 1976 or other authority to use or sion of law, the National Oceanic and Atmos- OFFICE OF INSPECTOR GENERAL occupy in the Herbert C. Hoover Building, pheric Administration is authorized to re- Washington, DC, or other buildings, the For necessary expenses of the Office of In- ceive and expend funds made available by maintenance, operation, and protection of spector General in carrying out the provi- any Federal agency, State or subdivision which has been delegated to the Secretary sions of the Inspector General Act of 1978 (5 thereof, public or private organization, or in- from the Administrator of General Services dividual to carry out any statute adminis- U.S.C. App.) (as amended), $26,946,000. pursuant to the Federal Property and Ad- tered by the National Oceanic and Atmos- GENERAL PROVISIONS—DEPARTMENT OF ministrative Services Act of 1949, as amend- pheric Administration: Provided, That use of COMMERCE ed, on a reimbursable or non-reimbursable funds to carry out this section shall be treat- SEC. 101. During the current fiscal year, ap- basis. Amounts received as reimbursement ed as a reprogramming of funds under sec- plicable appropriations and funds made for services provided under this section or tion 505 of this Act and shall not be available available to the Department of Commerce by the authority under which the use or occu- for obligation or expenditure except in com- this Act shall be available for the activities pancy of the space is authorized, up to pliance with the procedures set forth in that specified in the Act of October 26, 1949 (15 $200,000, shall be credited to the appropria- section.

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SEC. 113. (a) The Secretary of State shall General is authorized to transfer funds ap- LEGAL ACTIVITIES ensure participation in the Commission for propriated within General Administration to SALARIES AND EXPENSES, GENERAL LEGAL the Conservation and Management of Highly any office in this account: Provided further, ACTIVITIES That $18,903,000 is for Department Leader- Migratory Fish Stocks in the Western and For expenses necessary for the legal activi- ship; $8,311,000 is for Intergovernmental Re- Central Pacific Ocean (‘‘Commission’’) and ties of the Department of Justice, not other- lations/External Affairs; $12,925,000 is for Ex- its subsidiary bodies by American Samoa, wise provided for, including not to exceed Guam, and the Northern Mariana Islands ecutive Support/Professional Responsibility; and $75,747,000 is for the Justice Management $20,000 for expenses of collecting evidence, to (collectively, the U.S. Participating Terri- be expended under the direction of, and to be tories) to the same extent provided to the Division: Provided further, That any change in amounts specified in the preceding proviso accounted for solely under the certificate of, territories of other nations. the Attorney General; and rent of private or (b) The U.S. Participating Territories are greater than 5 percent shall be submitted for approval to the House and Senate Commit- Government-owned space in the District of each authorized to use, assign, allocate, and Columbia, $846,099,000, of which not to exceed manage catch limits of highly migratory fish tees on Appropriations consistent with the terms of section 505 of this Act: Provided fur- $10,000,000 for litigation support contracts stocks, or fishing effort limits, agreed to by shall remain available until expended: Pro- the Commission for the participating terri- ther, That this transfer authority is in addi- tion to transfers authorized under section 505 vided, That of the total amount appro- tories of the Convention for the Conserva- priated, not to exceed $7,500 shall be avail- tion and Management of Highly Migratory of this Act. NATIONAL DRUG INTELLIGENCE CENTER able to INTERPOL Washington for official Fish Stocks in the Western and Central Pa- reception and representation expenses: Pro- For necessary expenses of the National cific Ocean, through arrangements with U.S. vided further, That notwithstanding section vessels with permits issued under the Drug Intelligence Center, including reim- bursement of Air Force personnel for the Na- 205 of this Act, upon a determination by the Pelagics Fishery Management Plan of the Attorney General that emergent cir- Western Pacific Region. Vessels under such tional Drug Intelligence Center to support the Department of Defense’s counter-drug in- cumstances require additional funding for arrangements are integral to the domestic litigation activities of the Civil Division, the fisheries of the U.S. Participating Terri- telligence responsibilities, $20,000,000: Pro- vided, That the National Drug Intelligence Attorney General may transfer such tories provided that such arrangements shall amounts to ‘‘Salaries and Expenses, General impose no requirements regarding where Center shall maintain the personnel and technical resources to provide timely sup- Legal Activities’’ from available appropria- such vessels must fish or land their catch tions for the current fiscal year for the De- and shall be funded by deposits to the West- port to law enforcement authorities and the intelligence community by conducting docu- partment of Justice, as may be necessary to ern Pacific Sustainable Fisheries Fund in respond to such circumstances: Provided fur- support of fisheries development projects ment and computer exploitation of materials collected in Federal, State, and local law en- ther, That any transfer pursuant to the pre- identified in a Territory’s Marine Conserva- vious proviso shall be treated as a re- tion Plan and adopted pursuant to section forcement activity associated with counter- drug, counterterrorism, and national secu- programming under section 505 of this Act 204 of the Magnuson-Stevens Fishery Con- and shall not be available for obligation or servation and Management Act (16 U.S.C. rity investigations and operations. JUSTICE INFORMATION SHARING TECHNOLOGY expenditure except in compliance with the 1824). The Secretary of Commerce shall at- procedures set forth in that section: Provided For necessary expenses for information tribute catches made by vessels operating further, That of the amount appropriated, sharing technology, including planning, de- under such arrangements to the U.S. Partici- such sums as may be necessary shall be velopment, deployment and departmental di- pating Territories for the purposes of annual available to reimburse the Office of Per- reporting to the Commission. rection, $47,000,000, to remain available until expended. sonnel Management for salaries and expenses (c) The Western Pacific Regional Fisheries associated with the election monitoring pro- Management Council— TACTICAL LAW ENFORCEMENT WIRELESS gram under section 8 of the Voting Rights (1) is authorized to accept and deposit into COMMUNICATIONS Act of 1965 (42 U.S.C. 1973f): Provided further, the Western Pacific Sustainable Fisheries For the costs of developing and imple- That of the amounts provided under this Fund funding for arrangements pursuant to menting a nationwide Integrated Wireless heading for the election monitoring program subsection (b); Network supporting Federal law enforce- $3,390,000, shall remain available until ex- (2) shall use amounts deposited under para- ment communications, and for the costs of pended. graph (1) that are attributable to a par- operations and maintenance of existing Land In addition, for reimbursement of expenses ticular U.S. Participating Territory only for Mobile Radio legacy systems, $87,000,000, to of the Department of Justice associated with implementation of that Territory’s Marine remain available until expended: Provided, processing cases under the National Child- Conservation Plan adopted pursuant to sec- That the Attorney General shall transfer to hood Vaccine Injury Act of 1986, not to ex- tion 204 of the Magnuson-Stevens Fishery this account all funds made available to the ceed $7,833,000, to be appropriated from the Conservation and Management Act (16 U.S.C. Department of Justice for the purchase of Vaccine Injury Compensation Trust Fund. 1824); and portable and mobile radios: Provided further, (3) shall recommend an amendment to the That any transfer made under the preceding SALARIES AND EXPENSES, ANTITRUST DIVISION Pelagics Fishery Management Plan for the proviso shall be subject to section 505 of this For expenses necessary for the enforce- Western Pacific Region, and associated regu- Act. ment of antitrust and kindred laws, lations, to implement this section. ADMINISTRATIVE REVIEW AND APPEALS $159,587,000, to remain available until ex- pended: Provided, That notwithstanding any (d) Subsection (b) shall remain in effect (INCLUDING TRANSFER OF FUNDS) until such time as— other provision of law, fees collected for For expenses necessary for the administra- (1) the Western Pacific Regional Fishery premerger notification filings under the tion of pardon and clemency petitions and Hart-Scott-Rodino Antitrust Improvements Management Council recommends an amend- immigration-related activities, $294,082,000, ment to the Pelagics Fishery Management Act of 1976 (15 U.S.C. 18a), regardless of the of which $4,000,000 shall be derived by trans- year of collection (and estimated to be Plan for the Western Pacific Region, and im- fer from the Executive Office for Immigra- plementing regulations, to the Secretary of $108,000,000 in fiscal year 2012), shall be re- tion Review fees deposited in the ‘‘Immigra- tained and used for necessary expenses in Commerce that authorize use, assignment, tion Examinations Fee’’ account. allocation, and management of catch limits this appropriation, and shall remain avail- DETENTION TRUSTEE of highly migratory fish stocks, or fishing ef- able until expended: Provided further, That fort limits, established by the Commission For necessary expenses of the Federal De- the sum herein appropriated from the gen- and applicable to U.S. Participating Terri- tention Trustee, $1,563,453,000, to remain eral fund shall be reduced as such offsetting tories; available until expended: Provided, That the collections are received during fiscal year (2) the Secretary of Commerce approves Trustee shall be responsible for managing 2012, so as to result in a final fiscal year 2012 the amendment as recommended; and the Justice Prisoner and Alien Transpor- appropriation from the general fund esti- (3) such implementing regulations become tation System: Provided further, That not to mated at $51,587,000. exceed $20,000,000 shall be considered ‘‘funds effective. SALARIES AND EXPENSES, UNITED STATES appropriated for State and local law enforce- This title may be cited as the ‘‘Department ATTORNEYS of Commerce Appropriations Act, 2012’’. ment assistance’’ pursuant to 18 U.S.C. 4013(b). For necessary expenses of the Offices of the TITLE II United States Attorneys, including inter- OFFICE OF INSPECTOR GENERAL DEPARTMENT OF JUSTICE governmental and cooperative agreements, For necessary expenses of the Office of In- $1,891,532,000: Provided, That of the total GENERAL ADMINISTRATION spector General, $84,199,000, including not to amount appropriated, not to exceed $6,000 SALARIES AND EXPENSES exceed $10,000 to meet unforeseen emer- shall be available for official reception and For expenses necessary for the administra- gencies of a confidential character. representation expenses: Provided further, tion of the Department of Justice, UNITED STATES PAROLE COMMISSION That not to exceed $25,000,000 shall remain $115,886,000, of which not to exceed $4,000,000 SALARIES AND EXPENSES available until expended: Provided further, for security and construction of Department For necessary expenses of the United That of the amount provided under this of Justice facilities shall remain available States Parole Commission as authorized, heading, not less than $43,184,000 shall be until expended: Provided, That the Attorney $12,577,000. used for salaries and expenses for assistant

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.036 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6530 CONGRESSIONAL RECORD — SENATE October 13, 2011 U.S. Attorneys to carry out section 704 of the for official reception and representation ex- for participants in such programs and the Adam Walsh Child Protection and Safety Act penses; and of which not to exceed $20,000,000 distribution of items of token value that pro- of 2006 (Public Law 109–248) concerning the shall remain available until expended. mote the goals of such programs, prosecution of offenses relating to the sexual CONSTRUCTION $1,900,084,000; of which not to exceed $75,000,000 shall remain available until ex- exploitation of children. For construction in space controlled, occu- pended; and of which not to exceed $75,000 UNITED STATES TRUSTEE SYSTEM FUND pied or utilized by the United States Mar- shall be available for official reception and For necessary expenses of the United shals Service for prisoner holding and re- representation expenses. States Trustee Program, as authorized, lated support, $12,000,000, to remain available CONSTRUCTION $234,115,000, to remain available until ex- until expended; of which not less than pended and to be derived from the United $9,696,000 shall be available for the costs of For necessary expenses, to include the cost States Trustee System Fund: Provided, That courthouse security equipment, including of equipment, furniture, and information notwithstanding any other provision of law, furnishings, relocations, and telephone sys- technology requirements, related to con- struction or acquisition of buildings; and op- deposits to the Fund shall be available in tems and cabling. eration and maintenance of secure work en- such amounts as may be necessary to pay re- NATIONAL SECURITY DIVISION vironment facilities and secure networking funds due depositors: Provided further, That, SALARIES AND EXPENSES capabilities; $10,000,000, to remain available notwithstanding any other provision of law, For expenses necessary to carry out the ac- until expended. $234,115,000 of offsetting collections pursuant tivities of the National Security Division, to 28 U.S.C. 589a(b) shall be retained and used BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND $86,007,000; of which not to exceed $5,000,000 for necessary expenses in this appropriation EXPLOSIVES for information technology systems shall re- and shall remain available until expended: SALARIES AND EXPENSES main available until expended: Provided, Provided further, That the sum herein appro- For necessary expenses of the Bureau of That notwithstanding section 205 of this Act, priated from the Fund shall be reduced as Alcohol, Tobacco, Firearms and Explosives, upon a determination by the Attorney Gen- such offsetting collections are received dur- not to exceed $30,000 for official reception eral that emergent circumstances require ing fiscal year 2012, so as to result in a final and representation expenses; for training of additional funding for the activities of the fiscal year 2012 appropriation from the Fund State and local law enforcement agencies National Security Division, the Attorney estimated at $0. with or without reimbursement, including General may transfer such amounts to this training in connection with the training and SALARIES AND EXPENSES, FOREIGN CLAIMS heading from available appropriations for acquisition of canines for explosives and fire SETTLEMENT COMMISSION the current fiscal year for the Department of accelerants detection; and for provision of For expenses necessary to carry out the ac- Justice, as may be necessary to respond to laboratory assistance to State and local law tivities of the Foreign Claims Settlement such circumstances: Provided further, That enforcement agencies, with or without reim- Commission, including services as author- any transfer pursuant to the preceding pro- bursement, $1,090,292,000, of which not to ex- ized by section 3109 of title 5, United States viso shall be treated as a reprogramming ceed $1,000,000 shall be available for the pay- Code, $2,071,000. under section 505 of this Act and shall not be ment of attorneys’ fees as provided by sec- FEES AND EXPENSES OF WITNESSES available for obligation or expenditure ex- tion 924(d)(2) of title 18, United States Code; cept in compliance with the procedures set and of which not to exceed $20,000,000 shall For fees and expenses of witnesses, for ex- forth in that section. remain available until expended: Provided, penses of contracts for the procurement and That no funds appropriated herein shall be supervision of expert witnesses, for private INTERAGENCY LAW ENFORCEMENT available for salaries or administrative ex- INTERAGENCY CRIME AND DRUG ENFORCEMENT counsel expenses, including advances, and for penses in connection with consolidating or expenses of foreign counsel, $270,000,000, to For necessary expenses for the identifica- centralizing, within the Department of Jus- remain available until expended: Provided, tion, investigation, and prosecution of indi- tice, the records, or any portion thereof, of That not to exceed $10,000,000 may be made viduals associated with the most significant acquisition and disposition of firearms main- available for construction of buildings for drug trafficking and affiliated money laun- tained by Federal firearms licensees: Pro- protected witness safesites: Provided further, dering organizations not otherwise provided vided further, That no funds appropriated That not to exceed $3,000,000 may be made for, to include inter-governmental agree- herein shall be used to pay administrative available for the purchase and maintenance ments with State and local law enforcement expenses or the compensation of any officer of armored and other vehicles for witness se- agencies engaged in the investigation and or employee of the United States to imple- curity caravans: Provided further, That not to prosecution of individuals involved in orga- ment an amendment or amendments to 27 exceed $11,000,000 may be made available for nized crime drug trafficking, $516,962,000, of CFR 478.118 or to change the definition of the purchase, installation, maintenance, and which $50,000,000 shall remain available until ‘‘Curios or relics’’ in 27 CFR 478.11 or remove upgrade of secure telecommunications equip- expended: Provided, That any amounts obli- any item from ATF Publication 5300.11 as it ment and a secure automated information gated from appropriations under this head- existed on January 1, 1994: Provided further, network to store and retrieve the identities ing may be used under authorities available That none of the funds appropriated herein and locations of protected witnesses. to the organizations reimbursed from this shall be available to investigate or act upon SALARIES AND EXPENSES, COMMUNITY appropriation. applications for relief from Federal firearms RELATIONS SERVICE FEDERAL BUREAU OF INVESTIGATION disabilities under 18 U.S.C. 925(c): Provided further, That such funds shall be available to For necessary expenses of the Community SALARIES AND EXPENSES Relations Service, $11,227,000: Provided, That investigate and act upon applications filed For necessary expenses of the Federal Bu- by corporations for relief from Federal fire- notwithstanding section 205 of this Act, upon reau of Investigation for detection, inves- a determination by the Attorney General arms disabilities under section 925(c) of title tigation, and prosecution of crimes against 18, United States Code: Provided further, That that emergent circumstances require addi- the United States, $7,785,000,000, of which not tional funding for conflict resolution and vi- no funds made available by this or any other to exceed $150,000,000 shall remain available Act may be used to transfer the functions, olence prevention activities of the Commu- until expended: Provided, That not to exceed missions, or activities of the Bureau of Alco- nity Relations Service, the Attorney General $153,750 shall be available for official recep- hol, Tobacco, Firearms and Explosives to may transfer such amounts to the Commu- tion and representation expenses. other agencies or Departments in fiscal year nity Relations Service, from available appro- CONSTRUCTION 2012: Provided further, That, beginning in fis- priations for the current fiscal year for the cal year 2012 and thereafter, no funds appro- Department of Justice, as may be necessary For all necessary expenses, to include the priated under this or any other Act may be to respond to such circumstances: Provided cost of equipment, furniture, and informa- used to disclose part or all of the contents of further, That any transfer pursuant to the tion technology requirements, related to the Firearms Trace System database main- preceding proviso shall be treated as a re- construction or acquisition of buildings, fa- cilities and sites by purchase, or as other- tained by the National Trace Center of the programming under section 505 of this Act Bureau of Alcohol, Tobacco, Firearms and and shall not be available for obligation or wise authorized by law; conversion, modi- fication and extension of Federally owned Explosives or any information required to be expenditure except in compliance with the kept by licensees pursuant to section 923(g) procedures set forth in that section. buildings; and preliminary planning and de- sign of projects; $75,000,000, to remain avail- of title 18, United States Code, or required to ASSETS FORFEITURE FUND able until expended. be reported pursuant to paragraphs (3) and (7) of such section 923(g), except to: (1) a Fed- For expenses authorized by 28 U.S.C. DRUG ENFORCEMENT ADMINISTRATION 524(c)(1)(B), (F), and (G), $20,990,000, to be de- eral, State, local, or tribal law enforcement SALARIES AND EXPENSES rived from the Department of Justice Assets agency, or a Federal, State, or local pros- Forfeiture Fund. For necessary expenses of the Drug En- ecutor; or (2) a foreign law enforcement forcement Administration, including not to agency solely in connection with or for use UNITED STATES MARSHALS SERVICE exceed $70,000 to meet unforeseen emer- in a criminal investigation or prosecution; or SALARIES AND EXPENSES gencies of a confidential character pursuant (3) a Federal agency for a national security For necessary expenses of the United to 28 U.S.C. 530C; and expenses for con- or intelligence purpose; unless such disclo- States Marshals Service, $1,101,041,000; of ducting drug education and training pro- sure of such data to any of the entities de- which not to exceed $6,000 shall be available grams, including travel and related expenses scribed in (1), (2) or (3) of this proviso would

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.036 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6531 compromise the identity of any undercover tody of the Federal Prison System: Provided tion, or disposition of facilities and other law enforcement officer or confidential in- further, That not to exceed $4,500 shall be property belonging to the corporation or in formant, or interfere with any case under in- available for official reception and represen- which it has an interest. vestigation; and no person or entity de- tation expenses: Provided further, That not to STATE AND LOCAL LAW ENFORCEMENT scribed in (1), (2) or (3) shall knowingly and exceed $50,000,000 shall remain available for ACTIVITIES publicly disclose such data; and all such data necessary operations until September 30, OFFICE ON VIOLENCE AGAINST WOMEN shall be immune from legal process, shall 2013: Provided further, That, of the amounts VIOLENCE AGAINST WOMEN PREVENTION AND not be subject to subpoena or other dis- provided for contract confinement, not to ex- PROSECUTION PROGRAMS covery, shall be inadmissible in evidence, ceed $20,000,000 shall remain available until For grants, contracts, cooperative agree- and shall not be used, relied on, or disclosed expended to make payments in advance for ments, and other assistance for the preven- in any manner, nor shall testimony or other grants, contracts and reimbursable agree- tion and prosecution of violence against evidence be permitted based on the data, in ments, and other expenses authorized by sec- a civil action in any State (including the women, as authorized by the Omnibus Crime tion 501(c) of the Refugee Education Assist- Control and Safe Streets Act of 1968 (42 District of Columbia) or Federal court or in ance Act of 1980 (8 U.S.C. 1522 note), for the an administrative proceeding other than a U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Vio- care and security in the United States of lent Crime Control and Law Enforcement proceeding commenced by the Bureau of Al- Cuban and Haitian entrants: Provided further, Act of 1994 (Public Law 103–322) (‘‘the 1994 cohol, Tobacco, Firearms and Explosives to That the Director of the Federal Prison Sys- Act’’); the Victims of Child Abuse Act of 1990 enforce the provisions of chapter 44 of such tem may accept donated property and serv- (Public Law 101–647) (‘‘the 1990 Act’’); the title, or a review of such an action or pro- ices relating to the operation of the prison Prosecutorial Remedies and Other Tools to ceeding; except that this proviso shall not be card program from a not-for-profit entity end the Exploitation of Children Today Act construed to prevent: (A) the disclosure of which has operated such program in the past of 2003 (Public Law 108–21); the Juvenile Jus- statistical information concerning total pro- notwithstanding the fact that such not-for- tice and Delinquency Prevention Act of 1974 duction, importation, and exportation by profit entity furnishes services under con- (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the each licensed importer (as defined in section tracts to the Federal Prison System relating Victims of Trafficking and Violence Protec- 921(a)(9) of such title) and licensed manufac- to the operation of pre-release services, half- tion Act of 2000 (Public Law 106–386) (‘‘the turer (as defined in section 921(a)(10) of such way houses, or other custodial facilities. 2000 Act’’); and the Violence Against Women title); (B) the sharing or exchange of such in- BUILDINGS AND FACILITIES and Department of Justice Reauthorization formation among and between Federal, Act of 2005 (Public Law 109–162) (‘‘the 2005 State, local, or foreign law enforcement For planning, acquisition of sites and con- struction of new facilities; purchase and ac- Act’’); and for related victims services, agencies, Federal, State, or local prosecu- $417,663,000, to remain available until ex- tors, and Federal national security, intel- quisition of facilities and remodeling, and equipping of such facilities for penal and cor- pended: Provided, That except as otherwise ligence, or counterterrorism officials; or (C) provided by law, not to exceed 3 percent of rectional use, including all necessary ex- the publication of annual statistical reports funds made available under this heading may penses incident thereto, by contract or force on products regulated by the Bureau of Alco- be used for expenses related to evaluation, account; and constructing, remodeling, and hol, Tobacco, Firearms and Explosives, in- training, and technical assistance: Provided equipping necessary buildings and facilities cluding total production, importation, and further, That of the amount provided— at existing penal and correctional institu- exportation by each licensed importer (as so (1) $194,000,000 is for grants to combat vio- defined) and licensed manufacturer (as so de- tions, including all necessary expenses inci- lence against women, as authorized by part fined), or statistical aggregate data regard- dent thereto, by contract or force account, T of the 1968 Act, of which, notwithstanding ing firearms traffickers and trafficking $90,000,000, to remain available until ex- such part T, $10,000,000 shall be available for channels, or firearms misuse, felons, and pended, of which not less than $66,965,000 programs relating to children exposed to vio- trafficking investigations: Provided further, shall be available only for modernization, lence; That no funds made available by this or any maintenance and repair, and of which not to (2) $25,000,000 is for transitional housing as- other Act shall be expended to promulgate or exceed $14,000,000 shall be available to con- sistance grants for victims of domestic vio- implement any rule requiring a physical in- struct areas for inmate work programs: Pro- lence, stalking or sexual assault as author- ventory of any business licensed under sec- vided, That labor of United States prisoners ized by section 40299 of the 1994 Act; tion 923 of title 18, United States Code: Pro- may be used for work performed under this (3) $3,000,000 is for the National Institute of vided further, That no funds under this Act appropriation: Provided further, That none of Justice for research and evaluation of vio- may be used to electronically retrieve infor- the funds provided under this heading in this lence against women and related issues ad- mation gathered pursuant to 18 U.S.C. or any prior Act shall be available for the ac- dressed by grant programs of the Office on 923(g)(4) by name or any personal identifica- quisition of any facility that is to be used Violence Against Women; tion code: Provided further, That no funds au- wholly or in part for the incarceration or de- (4) $10,000,000 is for a grant program to pro- thorized or made available under this or any tention of any individual detained at Naval vide services to advocate for and respond to other Act may be used to deny any applica- Station, Guantanamo Bay, Cuba, as of June youth victims of domestic violence, dating tion for a license under section 923 of title 18, 24, 2009. violence, sexual assault, and stalking; assist- United States Code, or renewal of such a li- FEDERAL PRISON INDUSTRIES, INCORPORATED ance to children and youth exposed to such cense due to a lack of business activity, pro- The Federal Prison Industries, Incor- violence; programs to engage men and youth vided that the applicant is otherwise eligible porated, is hereby authorized to make such in preventing such violence; and assistance to receive such a license, and is eligible to expenditures, within the limits of funds and to middle and high school students through report business income or to claim an in- borrowing authority available, and in accord education and other services related to such come tax deduction for business expenses with the law, and to make such contracts violence: Provided, That unobligated bal- under the Internal Revenue Code of 1986. and commitments, without regard to fiscal ances available for the programs authorized by sections 41201, 41204, 41303 and 41305 of the FEDERAL PRISON SYSTEM year limitations as provided by section 9104 1994 Act shall be available for this program: SALARIES AND EXPENSES of title 31, United States Code, as may be necessary in carrying out the program set Provided further, That 10 percent of the total For necessary expenses of the Federal Pris- amount available for this grant program on System for the administration, operation, forth in the budget for the current fiscal year for such corporation, including pur- shall be available for grants under the pro- and maintenance of Federal penal and cor- gram authorized by section 2015 of the 1968 rectional institutions, including purchase chase (not to exceed five for replacement only) and hire of passenger motor vehicles. Act; (not to exceed 835, of which 808 are for re- (5) $45,913,000 is for grants to encourage ar- placement only) and hire of law enforcement LIMITATION ON ADMINISTRATIVE EXPENSES, rest policies as authorized by part U of the and passenger motor vehicles, and for the FEDERAL PRISON INDUSTRIES, INCORPORATED 1968 Act, of which $5,000,000 is for a homicide provision of technical assistance and advice Not to exceed $2,700,000 of the funds of the initiative; on corrections related issues to foreign gov- Federal Prison Industries, Incorporated shall (6) $25,000,000 is for sexual assault victims ernments, $6,589,781,000: Provided, That the be available for its administrative expenses, assistance, as authorized by section 41601 of Attorney General may transfer to the Health and for services as authorized by section 3109 the 1994 Act; Resources and Services Administration such of title 5, United States Code, to be com- (7) $34,000,000 is for rural domestic violence amounts as may be necessary for direct ex- puted on an accrual basis to be determined and child abuse enforcement assistance penditures by that Administration for med- in accordance with the corporation’s current grants, as authorized by section 40295 of the ical relief for inmates of Federal penal and prescribed accounting system, and such 1994 Act; correctional institutions: Provided further, amounts shall be exclusive of depreciation, (8) $9,000,000 is for grants to reduce violent That the Director of the Federal Prison Sys- payment of claims, and expenditures which crimes against women on campus, as author- tem, where necessary, may enter into con- such accounting system requires to be cap- ized by section 304 of the 2005 Act; tracts with a fiscal agent or fiscal inter- italized or charged to cost of commodities (9) $45,000,000 is for legal assistance for vic- mediary claims processor to determine the acquired or produced, including selling and tims, as authorized by section 1201 of the 2000 amounts payable to persons who, on behalf shipping expenses, and expenses in connec- Act; of the Federal Prison System, furnish health tion with acquisition, construction, oper- (10) $4,000,000 is for enhanced training and services to individuals committed to the cus- ation, maintenance, improvement, protec- services to end violence against and abuse of

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women in later life, as authorized by section STATE AND LOCAL LAW ENFORCEMENT section 107(b)(2) of Public Law 106–386 and for 40802 of the 1994 Act; ASSISTANCE programs authorized under Public Law 109– (11) $11,250,000 is for the safe havens for (INCLUDING TRANSFER OF FUNDS) 164: Provided, That no less than $4,690,000 children program, as authorized by section For grants, contracts, cooperative agree- shall be for victim services grants for foreign 1301 of the 2000 Act; ments, and other assistance authorized by national victims of trafficking; (12) $5,000,000 is for education and training the Violent Crime Control and Law Enforce- (6) $35,000,000 for Drug Courts, as author- to end violence against and abuse of women ment Act of 1994 (Public Law 103–322) (‘‘the ized by section 1001(25)(A) of title I of the with disabilities, as authorized by section 1994 Act’’); the Omnibus Crime Control and 1968 Act; 1402 of the 2000 Act; Safe Streets Act of 1968 (‘‘the 1968 Act’’); the (7) $9,000,000 for mental health courts and (13) $4,000,000 is for the court training and Justice for All Act of 2004 (Public Law 108– adult and juvenile collaboration program improvements program, as authorized by 405); the Victims of Child Abuse Act of 1990 grants, as authorized by parts V and HH of section 41002 of the 1994 Act, of which (Public Law 101–647) (‘‘the 1990 Act’’); the title I of the 1968 Act, and the Mentally Ill $1,000,000 is to be used for a family court ini- Trafficking Victims Protection Reauthoriza- Offender Treatment and Crime Reduction tiative; tion Act of 2005 (Public Law 109–164); the Vio- Reauthorization and Improvement Act of (14) $1,000,000 is for the National Resource lence Against Women and Department of 2008 (Public Law 110–416); Center on Workplace Responses to assist vic- Justice Reauthorization Act of 2005 (Public (8) $10,000,000 for grants for Residential Substance Abuse Treatment for State Pris- tims of domestic violence, as authorized by Law 109–162) (‘‘the 2005 Act’’); the Adam oners, as authorized by part S of title I of the section 41501 of the 1994 Act; Walsh Child Protection and Safety Act of 1968 Act; (15) $1,000,000 is for analysis and research 2006 (Public Law 109–248) (‘‘the Adam Walsh (9) $4,000,000 for the Capital Litigation Im- on violence against Indian women, as au- Act’’); the Victims of Trafficking and Vio- provement Grant Program, as authorized by thorized by section 904 of the 2005 Act; and lence Protection Act of 2000 (Public Law 106– section 426 of Public Law 108–405; (16) $500,000 is for the Office on Violence 386); the NICS Improvement Amendments (10) $10,000,000 for economic, high tech- Against Women to establish a national clear- Act of 2007 (Public Law 110–180); subtitle D of nology and Internet crime prevention grants, inghouse that provides training and tech- title II of the Homeland Security Act of 2002 as authorized by section 401 of Public Law nical assistance on issues relating to sexual (Public Law 107–296) (‘‘the 2002 Act’’); the 110–403; assault of American Indian and Alaska Na- Second Chance Act of 2007 (Public Law 110– tive women. (11) $5,000,000 for a student loan repayment 199); the Prioritizing Resources and Organi- assistance program pursuant to section 952 zation for Intellectual Property Act of 2008 SALARIES AND EXPENSES of Public Law 110–315; (Public Law 110–403); the Victims of Crime (12) $23,000,000 for activities, including sex For necessary expenses, not elsewhere Act of 1984 (Public Law 98–473); the Mentally offender management assistance, authorized specified in this title, for management and Ill Offender Treatment and Crime Reduction by the Adam Walsh Act and the Violent administration of programs within the Office Reauthorization and Improvement Act of Crime Control Act of 1994 (Public Law 103– on Violence Against Women, $20,580,000. 2008 (Public Law 110–416); and other pro- 322); grams; $1,063,498,000, to remain available (13) $10,000,000 for an initiative relating to OFFICE OF JUSTICE PROGRAMS until expended as follows— children exposed to violence; (1) $395,000,000 for the Edward Byrne Memo- RESEARCH, EVALUATION, AND STATISTICS (14) $20,000,000 for an Edward Byrne Memo- rial Justice Assistance Grant program as au- rial criminal justice innovation program; (INCLUDING TRANSFER OF FUNDS) thorized by subpart 1 of part E of title I of (15) $24,850,000 for the matching grant pro- the 1968 Act (except that section 1001(c), and For grants, contracts, cooperative agree- gram for law enforcement armor vests, as the special rules for Puerto Rico under sec- authorized by section 2501 of title I of the ments, and other assistance authorized by tion 505(g), of title I of the 1968 Act shall not 1968 Act: Provided, That $1,500,000 is trans- title I of the Omnibus Crime Control and apply for purposes of this Act); and, notwith- ferred directly to the National Institute of Safe Streets Act of 1968 (‘‘the 1968 Act)’’; the standing such subpart 1, to support innova- Standards and Technology’s Office of Law Juvenile Justice and Delinquency Preven- tive, place-based, evidence-based approaches Enforcement Standards for research, testing tion Act of 1974 (‘‘the 1974 Act’’); the Missing to fighting crime and improving public safe- and evaluation programs; Children’s Assistance Act (42 U.S.C. 5771 et ty, of which $3,000,000 is for a program to im- (16) $1,000,000 for the National Sex Offender seq.); the Prosecutorial Remedies and Other prove State and local law enforcement intel- Public Web site; Tools to end the Exploitation of Children ligence capabilities including antiterrorism (17) $10,000,000 for competitive and evi- Today Act of 2003 (Public Law 108–21); the training and training to ensure that con- dence-based programs to reduce gun crime Justice for All Act of 2004 (Public Law 108– stitutional rights, civil liberties, civil rights, and gang violence; 405); the Violence Against Women and De- and privacy interests are protected through- (18) $10,000,000 for grants to assist State partment of Justice Reauthorization Act of out the intelligence process, $4,000,000 is for and tribal governments as authorized by the 2005 (Public Law 109–162) (‘‘the 2005 Act’’); a State and local assistance help desk and di- NICS Improvement Amendments Act of 2007 the Victims of Child Abuse Act of 1990 (Pub- agnostic center program, $5,000,000 is for a (Public Law 110–180); lic Law 101–647); the Second Chance Act of program to improve State, local and tribal (19) $8,000,000 for the National Criminal 2007 (Public Law 110–199); the Victims of probation supervision efforts and strategies, History Improvement Program for grants to Crime Act of 1984 (Public Law 98–473); the and $3,000,000 is for a Preventing Violence upgrade criminal records; Adam Walsh Child Protection and Safety Act Against Law Enforcement Officer Resilience (20) $15,000,000 for Paul Coverdell Forensic of 2006 (Public Law 109–248) (‘‘the Adam and Survivability Initiative (VALOR): Pro- Sciences Improvement Grants under part BB Walsh Act’’); the PROTECT Our Children vided, That funds made available under this of title I of the 1968 Act; Act of 2008 (Public Law 110–401); subtitle D of heading may be used at the discretion of the (21) $131,000,000 for DNA-related and foren- title II of the Homeland Security Act of 2002 Assistant Attorney General for the Office of sic programs and activities, of which— (Public Law 107–296) (‘‘the 2002 Act’’); and Justice Programs to train Federal law en- (A) $123,000,000 is for the purposes of DNA other programs; $121,000,000, to remain avail- forcement under the VALOR Officer Safety analysis and DNA capacity enhancement as able until expended, of which— Training Initiative; defined in the DNA Analysis Backlog Elimi- (1) $45,000,000 is for criminal justice statis- (2) $273,000,000 for the State Criminal Alien nation Act of 2000 (the Debbie Smith DNA tics programs, and other activities, as au- Assistance Program, as authorized by sec- Backlog Grant Program), of which not less thorized by part C of title I of the 1968 Act, tion 241(i)(5) of the Immigration and Nation- than $85,500,000 is to be used for grants to of which $36,000,000 is for the administration ality Act (8 U.S.C. 1231(i)(5)): Provided, That crime laboratories for purposes under 42 and redesign of the National Crime Victim- no jurisdiction shall request compensation U.S.C. 14135, section (a); not less than ization Survey; for any cost greater than the actual cost for $11,000,000 is to be used for the purposes of (2) $40,000,000 is for research, development, Federal immigration and other detainees the Solving Cold Cases with DNA Grant Pro- and evaluation programs, and other activi- housed in State and local detention facili- gram; not less than $11,000,000 is to be used ties as authorized by part B of title I of the ties; to audit and report on the extent of the 1968 Act and subtitle D of title II of the 2002 (3) $20,000,000 for the Northern and South- backlog; and the remainder of funds appro- Act: Provided, That of the amounts provided west Border Prosecutor Initiatives to reim- priated under this paragraph may be used to under this heading, $5,000,000 is transferred burse State, county, parish, tribal or munic- support training programs specific to the directly to the National Institute of Stand- ipal governments for costs associated with needs of DNA laboratory personnel, and for ards and Technology’s Office of Law Enforce- the prosecution of criminal cases declined by programs outlined in sections 303, 304, 305 ment Standards from the National Institute local offices of the United States Attorneys; and 308 of Public Law 108–405; of Justice for research, testing and evalua- (4) $21,000,000 for competitive grants to im- (B) $4,000,000 is for the purposes described tion programs; prove the functioning of the criminal justice in the Kirk Bloodsworth Post-Conviction (3) $1,000,000 is for an evaluation clearing- system, to prevent or combat juvenile delin- DNA Testing Program (Public Law 108–405, house program; and quency, and to assist victims of crime (other section 412); and (4) $35,000,000 is for regional information than compensation); (C) $4,000,000 is for Sexual Assault Forensic sharing activities, as authorized by part M of (5) $10,500,000 for victim services programs Exam Program Grants as authorized by sec- title I of the 1968 Act. for victims of trafficking, as authorized by tion 304 of Public Law 108–405.

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.036 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6533 (22) $2,500,000 for the court-appointed spe- administration of programs within the Office $28,000,000 shall be used for the hiring and re- cial advocate program, as authorized by sec- of Justice Programs, $118,572,000. hiring of tribal law enforcement officers: tion 217 of the 1990 Act; PUBLIC SAFETY OFFICER BENEFITS Provided further, That within the amounts (23) $1,500,000 for child abuse training pro- For payments and expenses authorized appropriated, $10,000,000 is for community grams for judicial personnel and practi- under section 1001(a)(4) of title I of the Omni- policing development activities. tioners, as authorized by section 222 of the bus Crime Control and Safe Streets Act of SALARIES AND EXPENSES 1990 Act; and 1968, such sums as are necessary (including For necessary expenses, not elsewhere (24) $3,000,000 for grants and technical as- amounts for administrative costs, which specified in this title, for management and sistance in support of the National Forum on amounts shall be paid to the ‘‘Salaries and administration of programs within the Com- Youth Violence Prevention: Expenses’’ account), to remain available munity Oriented Policing Services Office, Provided, That if a unit of local government until expended; and $16,300,000 for payments $24,500,000. uses any of the funds made available under authorized by section 1201(b) of such Act and GENERAL PROVISIONS—DEPARTMENT OF this heading to increase the number of law for educational assistance authorized by sec- JUSTICE enforcement officers, the unit of local gov- tion 1218 of such Act, to remain available SEC. 201. In addition to amounts otherwise ernment will achieve a net gain in the num- until expended: Provided, That notwith- made available in this title for official recep- ber of law enforcement officers who perform standing section 205 of this Act, upon a de- tion and representation expenses, a total of non-administrative public sector safety serv- termination by the Attorney General that not to exceed $50,000 from funds appropriated ice. emergent circumstances require additional to the Department of Justice in this title JUVENILE JUSTICE PROGRAMS funding for such disability and education shall be available to the Attorney General For grants, contracts, cooperative agree- payments, the Attorney General may trans- for official reception and representation ex- ments, and other assistance authorized by fer such amounts to ‘‘Public Safety Officer penses. the Juvenile Justice and Delinquency Pre- Benefits’’ from available appropriations for SEC. 202. None of the funds appropriated by vention Act of 1974 (‘‘the 1974 Act’’); the Om- the current fiscal year for the Department of this title shall be available to pay for an nibus Crime Control and Safe Streets Act of Justice as may be necessary to respond to abortion, except where the life of the mother 1968 (‘‘the 1968 Act’’); the Violence Against such circumstances: Provided further, That would be endangered if the fetus were carried Women and Department of Justice Reauthor- any transfer pursuant to the previous pro- to term, or in the case of rape: Provided, ization Act of 2005 (Public Law 109–162) (‘‘the viso shall be treated as a reprogramming That should this prohibition be declared un- 2005 Act’’); the Missing Children’s Assistance under section 505 of this Act and shall not be constitutional by a court of competent juris- Act (42 U.S.C. 5771 et seq.); the Prosecutorial available for obligation or expenditure ex- diction, this section shall be null and void. Remedies and Other Tools to end the Exploi- cept in compliance with the procedures set SEC. 203. None of the funds appropriated tation of Children Today Act of 2003 (Public forth in that section. under this title shall be used to require any Law 108–21); the Victims of Child Abuse Act COMMUNITY ORIENTED POLICING SERVICES person to perform, or facilitate in any way of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); COMMUNITY ORIENTED POLICING SERVICES the performance of, any abortion. the Adam Walsh Child Protection and Safety PROGRAMS SEC. 204. Nothing in the preceding section Act of 2006 (Public Law 109–248) (‘‘the Adam shall remove the obligation of the Director (INCLUDING TRANSFERS OF FUNDS) Walsh Act’’); the PROTECT Our Children of the Bureau of Prisons to provide escort Act of 2008 (Public Law 110–401); and other ju- For activities authorized by the Violent services necessary for a female inmate to re- venile justice programs, $251,000,000, to re- Crime Control and Law Enforcement Act of ceive such service outside the Federal facil- main available until expended as follows— 1994 (Public Law 103–322); the Omnibus Crime ity: Provided, That nothing in this section in (1) $45,000,000 for programs authorized by Control and Safe Streets Act of 1968 (‘‘the any way diminishes the effect of section 203 section 221 of the 1974 Act, and for training 1968 Act’’); and the Violence Against Women intended to address the philosophical beliefs and technical assistance to assist small, non- and Department of Justice Reauthorization of individual employees of the Bureau of profit organizations with the Federal grants Act of 2005 (Public Law 109–162) (‘‘the 2005 Prisons. process; Act’’), $231,500,000, to remain available until SEC. 205. Not to exceed 5 percent of any ap- (2) $55,000,000 for youth mentoring grants; expended: Provided, That any balances made propriation made available for the current (3) $33,000,000 for delinquency prevention, available through prior year deobligations fiscal year for the Department of Justice in as authorized by section 505 of the 1974 Act, shall only be available in accordance with this Act may be transferred between such ap- of which, pursuant to sections 261 and 262 section 505 of this Act. Of the amount pro- propriations, but no such appropriation, ex- thereof— vided: cept as otherwise specifically provided, shall (A) $15,000,000 shall be for the Tribal Youth (1) $1,500,000 is for research, testing, and be increased by more than 10 percent by any Program; evaluation programs regarding law enforce- such transfers: Provided, That any transfer (B) $8,000,000 shall be for gang and youth ment technologies and interoperable commu- pursuant to this section shall be treated as a violence education, prevention and interven- nications, and related law enforcement and reprogramming of funds under section 505 of tion, and related activities; and public safety equipment, which shall be this Act and shall not be available for obliga- (C) $10,000,000 shall be for programs and ac- transferred directly to the National Institute tion except in compliance with the proce- tivities to enforce State laws prohibiting the of Standards and Technology’s Office of Law dures set forth in that section. sale of alcoholic beverages to minors or the Enforcement Standards from the Community SEC. 206. The Attorney General is author- purchase or consumption of alcoholic bev- Oriented Policing Services Office; ized to extend through September 30, 2013, erages by minors, for prevention and reduc- (2) $10,000,000 is for anti-methamphet- the Personnel Management Demonstration tion of consumption of alcoholic beverages amine-related activities, which shall be Project transferred to the Attorney General by minors, and for technical assistance and transferred to the Drug Enforcement Admin- pursuant to section 1115 of the Homeland Se- training; istration upon enactment of this Act; curity Act of 2002, Public Law 107–296 (28 (4) $20,000,000 for programs authorized by (3) $20,000,000 is for improving tribal law U.S.C. 599B) without limitation on the num- the Victims of Child Abuse Act of 1990; enforcement, including hiring, equipment, ber of employees or the positions covered. (5) $30,000,000 for the Juvenile Account- training, and anti-methamphetamine activi- SEC. 207. Notwithstanding any other provi- ability Block Grants program as authorized ties; and sion of law, Public Law 102–395 section 102(b) by part R of title I of the 1968 Act and Guam (4) $200,000,000 is for grants under section shall extend to the Bureau of Alcohol, To- shall be considered a State; 1701 of title I of the 1968 Act (42 U.S.C. bacco, Firearms and Explosives in the con- (6) $8,000,000 for community-based violence 3796dd) for the hiring and rehiring of addi- duct of undercover investigative operations prevention initiatives; and tional career law enforcement officers under and shall apply without fiscal year limita- (7) $60,000,000 for missing and exploited part Q of such title notwithstanding sub- tion with respect to any undercover inves- children programs, including as authorized section (i) of such section: Provided, That tigative operation by the Bureau of Alcohol, by sections 404(b) and 405(a) of the 1974 Act: notwithstanding subsection (g) of the 1968 Tobacco, Firearms and Explosives that is Act (42 U.S.C. 3796dd), the Federal share of necessary for the detection and prosecution Provided, That not more than 10 percent of the costs of a project funded by such grants of crimes against the United States. each amount may be used for research, eval- may not exceed 75 percent unless the Direc- SEC. 208. None of the funds made available uation, and statistics activities designed to tor of the Office of Community Oriented Po- to the Department of Justice in this Act benefit the programs or activities author- licing Services waives, wholly or in part, the may be used for the purpose of transporting ized: Provided further, That not more than 2 requirement of a non-Federal contribution to an individual who is a prisoner pursuant to percent of each amount may be used for the costs of a project: Provided further, That conviction for crime under State or Federal training and technical assistance: Provided notwithstanding 42 U.S.C. 3796dd–3(c), fund- law and is classified as a maximum or high further, That the previous two provisos shall ing for hiring or rehiring a career law en- security prisoner, other than to a prison or not apply to grants and projects authorized forcement officer may not exceed $125,000, other facility certified by the Federal Bu- by sections 261 and 262 of the 1974 Act. unless the Director of the Office of Commu- reau of Prisons as appropriately secure for SALARIES AND EXPENSES nity Oriented Policing Services grants a housing such a prisoner. For necessary expenses, not elsewhere waiver from this limitation: Provided further, SEC. 209. (a) None of the funds appropriated specified in this title, for management and That within the amounts appropriated, by this Act may be used by Federal prisons

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Notwithstanding any other provi- tion 30104 of title 51. equipment used primarily for recreational sion of law, section 20109(a), in subtitle A of AERONAUTICS purposes. title II of the Violent Crime Control and Law For necessary expenses, not otherwise pro- (b) The preceding sentence does not pre- Enforcement Act of 1994 (42 U.S.C. 13709(a)), vided for, in the conduct and support of aero- clude the renting, maintenance, or purchase shall not apply to amounts made available nautics research and development activities, of audiovisual or electronic equipment for by this title. including research, development, operations, inmate training, religious, or educational SEC. 216. Section 530A of title 28, United support, and services; maintenance and re- programs. States Code, is hereby amended by replacing pair, facility planning and design; space SEC. 210. None of the funds made available ‘‘appropriated’’ with ‘‘used from appropria- flight, spacecraft control, and communica- under this title shall be obligated or ex- tions’’, and by inserting ‘‘(2),’’ before ‘‘(3)’’. tions activities; program management; per- pended for any new or enhanced information SEC. 217. (a) Within 30 days of enactment of sonnel and related costs, including uniforms technology program having total estimated this Act, the Attorney General shall report or allowances therefor, as authorized by 5 development costs in excess of $100,000,000, to the Committees on Appropriations of the U.S.C. 5901–5902; travel expenses; purchase unless the Deputy Attorney General and the House of Representatives and the Senate a and hire of passenger motor vehicles; and investment review board certify to the Com- cost and schedule estimate for the final oper- purchase, lease, charter, maintenance, and mittees on Appropriations that the informa- ating capability of the Federal Bureau of In- operation of mission and administrative air- tion technology program has appropriate vestigation’s Sentinel program, including craft, $501,000,000, to remain available until program management and contractor over- the costs of Bureau employees engaged in de- September 30, 2013. sight mechanisms in place, and that the pro- velopment work, the costs of operating and SPACE TECHNOLOGY gram is compatible with the enterprise ar- maintaining Sentinel for 2 years after For necessary expenses, not otherwise pro- chitecture of the Department of Justice. achievement of the final operating capa- vided for, in the conduct and support of SEC. 211. The notification thresholds and bility, and a detailed list of the space research and technology development procedures set forth in section 505 of this Act functionalities included in the final oper- activities, including research, development, shall apply to deviations from the amounts ating capability compared to the operations, support, and services; mainte- designated for specific activities in this Act functionalities included in the previous pro- nance and repair, facility planning and de- and accompanying statement, and to any use gram baseline. sign; space flight, spacecraft control, and of deobligated balances of funds provided (b) The report described in subsection (a) communications activities; program man- under this title in previous years. shall be submitted concurrently to the De- agement; personnel and related costs, includ- SEC. 212. None of the funds appropriated by partment of Justice Office of Inspector Gen- ing uniforms or allowances therefor, as au- this Act may be used to plan for, begin, con- eral (OIG) and, within 60 days of receiving thorized by 5 U.S.C. 5901–5902; travel ex- tinue, finish, process, or approve a public- such report, the OIG shall provide an assess- penses; purchase and hire of passenger motor private competition under the Office of Man- ment of such report to the Committees on vehicles; and purchase, lease, charter, main- agement and Budget Circular A–76 or any Appropriations of the House of Representa- successor administrative regulation, direc- tenance, and operation of mission and ad- tives and the Senate. ministrative aircraft, $637,000,000, to remain tive, or policy for work performed by em- This title may be cited as the ‘‘Department available until September 30, 2013. ployees of the Bureau of Prisons or of Fed- of Justice Appropriations Act, 2012’’. eral Prison Industries, Incorporated. EXPLORATION TITLE III SEC. 213. Notwithstanding any other provi- For necessary expenses, not otherwise pro- sion of law, no funds shall be available for SCIENCE vided for, in the conduct and support of ex- the salary, benefits, or expenses of any OFFICE OF SCIENCE AND TECHNOLOGY POLICY ploration research and development activi- United States Attorney assigned dual or ad- For necessary expenses of the Office of ties, including research, development, oper- ditional responsibilities by the Attorney Science and Technology Policy, in carrying ations, support, and services; maintenance General or his designee that exempt that out the purposes of the National Science and and repair, facility planning and design; United States Attorney from the residency Technology Policy, Organization, and Prior- space flight, spacecraft control, and commu- requirements of 28 U.S.C. 545. ities Act of 1976 (42 U.S.C. 6601–6671), hire of nications activities; program management, SEC. 214. At the discretion of the Attorney passenger motor vehicles, and services as au- personnel and related costs, including uni- General, and in addition to any amounts thorized by 5 U.S.C. 3109, not to exceed $2,100 forms or allowances therefor, as authorized that otherwise may be available (or author- for official reception and representation ex- by 5 U.S.C. 5901–5902; travel expenses; pur- ized to be made available) by law, with re- penses, and rental of conference rooms in the chase and hire of passenger motor vehicles; spect to funds appropriated by this Act District of Columbia, $6,000,000. and purchase, lease, charter, maintenance, under the headings for ‘‘Research Evaluation and operation of mission and administrative NATIONAL AERONAUTICS AND SPACE and Statistics’’, ‘‘State and Local Law En- aircraft, $3,775,000,000, to remain available ADMINISTRATION forcement Assistance’’, and ‘‘Juvenile Jus- until September 30, 2013: Provided, That not tice Programs’’— SCIENCE less than $1,200,000,000 shall be for the Orion (1) Up to 3 percent of funds made available For necessary expenses, not otherwise pro- multipurpose crew vehicle, not less than for grant or reimbursement programs may be vided for, in the conduct and support of $1,800,000,000 shall be for the heavy lift used to provide training and technical assist- science research and development activities, launch vehicle system which shall have a lift ance; including research, development, operations, capacity not less than 130 tons and which (2) Up to 3 percent of funds made available support, and services; maintenance and re- shall have an upper stage and other core ele- for grant or reimbursement programs under pair, facility planning and design; space ments developed simultaneously, $500,000,000 such headings, except for amounts appro- flight, spacecraft control, and communica- shall be for commercial spaceflight activi- priated specifically for research, evaluation, tions activities; program management; per- ties, and $275,000,000 shall be for exploration or statistical programs administered by the sonnel and related costs, including uniforms research and development: Provided further, National Institute of Justice and the Bureau or allowances therefor, as authorized by 5 That $192,600,000 of the funds provided for of Justice Statistics, shall be transferred to U.S.C. 5901–5902; travel expenses; purchase commercial spaceflight activities shall only and merged with funds provided to the Na- and hire of passenger motor vehicles; and be available after the NASA Administrator tional Institute of Justice and the Bureau of purchase, lease, charter, maintenance, and certifies to the Committees on Appropria- Justice Statistics, to be used by them for re- operation of mission and administrative air- tions, in writing, that NASA has published search, evaluation or statistical purposes, craft, $5,100,000,000, to remain available until the required notifications of NASA contract without regard to the authorizations for September 30, 2013, of which up to $10,000,000 actions implementing the acquisition strat- such grant or reimbursement programs, and shall be available for a reimbursable agree- egy for the heavy lift launch vehicle system of such amounts, $1,300,000 shall be trans- ment with the Department of Energy for the identified in section 302 of Public Law 111–267 ferred to the Bureau of Prisons for Federal purpose of re-establishing facilities to and has begun to execute relevant contract inmate research and evaluation purposes; produce fuel required for radio-isotope ther- actions in support of development of the and moelectric generators to enable future mis- heavy lift launch vehicle system: Provided (3) 7 percent of funds made available for sions: Provided, That the development cost further, That funds made available under this grant or reimbursement programs: (as defined under 51 U.S.C. 30104) for the heading within this Act may be transferred (A) under the heading ‘‘State and Local James Webb Space Telescope shall not ex- to ‘‘Construction and Environmental Com- Law Enforcement Assistance’’; or ceed $8,000,000,000: Provided further, That pliance and Restoration’’ for construction (B) under the headings ‘‘Research, Evalua- should the individual identified under sub- activities related to the Orion multipurpose tion and Statistics’’ and ‘‘Juvenile Justice paragraph (c)(2)(E) of section 30104 of title 51 crew vehicle and the heavy lift launch vehi- Programs’’, to be transferred to and merged as responsible for the James Webb Space Tel- cle system: Provided further, That funds so with funds made available under the heading escope determine that the development cost transferred shall be subject to the 5 percent ‘‘State and Local Law Enforcement Assist- of the program is likely to exceed that limi- but shall not be subject to the 10 percent ance’’, shall be available for tribal criminal tation, the individual shall immediately no- transfer limitation described under the Ad- justice assistance without regard to the au- tify the Administrator and the increase shall ministrative Provisions in this Act for the

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National Aeronautics and Space Administra- CONSTRUCTION AND ENVIRONMENTAL The spending plan, as well as any subsequent tion, shall be available until September 30, COMPLIANCE AND RESTORATION change of an amount established in that 2017, and shall be treated as a reprogram- For necessary expenses for construction of spending plan that meets the notification re- ming under section 505 of this Act. facilities including repair, rehabilitation, re- quirements of section 505 of this Act, shall be SPACE OPERATIONS vitalization, and modification of facilities, treated as a reprogramming under section For necessary expenses, not otherwise pro- construction of new facilities and additions 505 of this Act and shall not be available for vided for, in the conduct and support of to existing facilities, facility planning and obligation or expenditure except in compli- space operations research and development design, and restoration, and acquisition or ance with the procedures set forth in that activities, including research, development, condemnation of real property, as authorized section. operations, support and services; space by law, and environmental compliance and NATIONAL SCIENCE FOUNDATION flight, spacecraft control and communica- restoration, $422,000,000, to remain available RESEARCH AND RELATED ACTIVITIES until September 30, 2017: Provided, That here- tions activities including operations, produc- For necessary expenses in carrying out the after, notwithstanding section 315 of the Na- tion, and services; maintenance and repair, National Science Foundation Act of 1950, as tional Aeronautics and Space Act of 1958 (42 facility planning and design; program man- amended (42 U.S.C. 1861–1875), and the Act to U.S.C. 2459j), all proceeds from leases entered agement; personnel and related costs, includ- establish a National Medal of Science (42 into under that section shall be deposited ing uniforms or allowances therefor, as au- U.S.C. 1880–1881); services as authorized by 5 into this account and shall be available for a thorized by 5 U.S.C. 5901–5902; travel ex- U.S.C. 3109; maintenance and operation of period of 5 years, to the extent provided in penses; purchase and hire of passenger motor aircraft and purchase of flight services for annual appropriations Acts: Provided further, vehicles; and purchase, lease, charter, main- research support; acquisition of aircraft; and That such proceeds shall be available for ob- tenance and operation of mission and admin- authorized travel; $5,443,000,000, to remain ligation for fiscal year 2012 in an amount not istrative aircraft, $4,285,000,000, to remain available until September 30, 2013, of which to exceed $3,960,000: Provided further, That available until September 30, 2013: Provided, not to exceed $550,000,000 shall remain avail- each annual budget request shall include an That of the amounts provided under this able until expended for polar research and annual estimate of gross receipts and collec- heading, not more than $650,900,000 shall be operations support, and for reimbursement tions and proposed use of all funds collected for Space Shuttle operations, production, re- to other Federal agencies for operational and pursuant to section 315 of the National Aero- search, development, and support, not more science support and logistical and other re- nautics and Space Act of 1958 (42 U.S.C. than $2,803,500,000 shall be for International lated activities for the United States Ant- 2459j). Space Station operations, production, re- arctic program: Provided, That receipts for search, development, and support, not more OFFICE OF INSPECTOR GENERAL scientific support services and materials fur- than $168,000,000 shall be for the 21st Century For necessary expenses of the Office of In- nished by the National Research Centers and Launch Complex, and not more than spector General in carrying out the Inspec- other National Science Foundation sup- $662,600,000 shall be for Space and Flight Sup- tor General Act of 1978, $37,300,000. ported research facilities may be credited to port: Provided further, That funds made avail- ADMINISTRATIVE PROVISIONS this appropriation: Provided further, That not able under this heading for 21st Century less than $146,830,000 shall be available for Funds for announced prizes otherwise au- Launch Complex may be transferred to activities authorized by section thorized shall remain available, without fis- ‘‘Construction and Environmental Compli- 7002(c)(2)(A)(iv) of Public Law 110–69: Pro- cal year limitation, until the prize is ance and Restoration’’ for construction ac- vided further, That up to $100,000,000 of funds claimed or the offer is withdrawn. tivities only at NASA-owned facilities: Pro- made available under this heading within Not to exceed 5 percent of any appropria- vided further, That funds so transferred shall this Act may be transferred to ‘‘Major Re- tion made available for the current fiscal not be subject to the transfer limitations de- search Equipment and Facilities Construc- year for the National Aeronautics and Space scribed in the Administrative Provisions in tion’’: Provided further, That funds so trans- Administration in this Act may be trans- this Act for the National Aeronautics and ferred shall not be subject to the transfer ferred between such appropriations, but no Space Administration, shall be available limitations described in the Administrative such appropriation, except as otherwise spe- until September 30, 2017, and shall be treated Provisions in this Act for the National cifically provided, shall be increased by more as a reprogramming under section 505 of this Science Foundation, and shall be available than 10 percent by any such transfers. Bal- Act. until expended only after notification of ances so transferred shall be merged with EDUCATION such transfer to the Committees on Appro- and available for the same purposes and the priations. For necessary expenses, not otherwise pro- same time period as the appropriations to vided for, in carrying out aerospace and which transferred. Any transfer pursuant to MAJOR RESEARCH EQUIPMENT AND FACILITIES aeronautical education research and develop- this provision shall be treated as a re- CONSTRUCTION ment activities, including research, develop- programming of funds under section 505 of For necessary expenses for the acquisition, ment, operations, support, and services; pro- this Act and shall not be available for obliga- construction, commissioning, and upgrading gram management; personnel and related tion except in compliance with the proce- of major research equipment, facilities, and costs, uniforms or allowances therefor, as dures set forth in that section. other such capital assets pursuant to the Na- authorized by 5 U.S.C. 5901–5902; travel ex- The unexpired balances of previous ac- tional Science Foundation Act of 1950, as penses; purchase and hire of passenger motor counts, for activities for which funds are pro- amended (42 U.S.C. 1861–1875), including au- vehicles; and purchase, lease, charter, main- vided under this Act, may be transferred to thorized travel, $117,055,000, to remain avail- tenance, and operation of mission and ad- the new accounts established in this Act able until expended: Provided, That none of ministrative aircraft, $138,400,000, to remain that provide such activity. Balances so the funds may be used to reimburse the available until September 30, 2013. transferred shall be merged with the funds in Judgment Fund. CROSS AGENCY SUPPORT the newly established accounts, but shall be EDUCATION AND HUMAN RESOURCES For necessary expenses, not otherwise pro- available under the same terms, conditions For necessary expenses in carrying out vided for, in the conduct and support of and period of time as previously appro- science, mathematics and engineering edu- science, aeronautics, exploration, space oper- priated. cation and human resources programs and ations and education research and develop- Section 40902 of title 51, United States activities pursuant to the National Science ment activities, including research, develop- Code, is amended by adding at the end the Foundation Act of 1950, as amended (42 ment, operations, support, and services; following: U.S.C. 1861–1875), including services as au- maintenance and repair, facility planning ‘‘(d) AVAILABILITY OF FUNDS.—The interest thorized by 5 U.S.C. 3109, authorized travel, and design; space flight, spacecraft control, accruing from the National Aeronautics and and rental of conference rooms in the Dis- and communications activities; program Space Administration Endeavor Teacher Fel- trict of Columbia, $829,000,000, to remain management; personnel and related costs, in- lowship Trust Fund principal shall be avail- available until September 30, 2013: Provided, cluding uniforms or allowances therefor, as able in fiscal year 2012 for the purpose of the That not less than $54,890,000 shall be avail- authorized by 5 U.S.C. 5901–5902; travel ex- Endeavor Science Teacher Certificate Pro- able until expended for activities authorized penses; purchase and hire of passenger motor gram.’’. by section 7030 of Public Law 110–69. vehicles; not to exceed $52,500 for official re- Section 20145(b)(1) of title 51 is amended by ception and representation expenses; and inserting ‘‘(A)’’ before ‘‘A person’’ and add- AGENCY OPERATIONS AND AWARD MANAGEMENT purchase, lease, charter, maintenance, and ing at the end thereof the following new sub- For agency operations and award manage- operation of mission and administrative air- paragraph (B) as follows: ment necessary in carrying out the National craft, $3,043,073,000: Provided, That not less ‘‘(B) Notwithstanding subparagraph (A), Science Foundation Act of 1950, as amended than $39,100,000 shall be available for inde- the Administrator may accept in-kind con- (42 U.S.C. 1861–1875); services authorized by 5 pendent verification and validation activi- sideration for leases entered into for the pur- U.S.C. 3109; hire of passenger motor vehicles; ties: Provided further, That contracts may be pose of developing renewable energy produc- not to exceed $6,900 for official reception and entered into under this heading in fiscal year tion facilities.’’. representation expenses; uniforms or allow- 2012 for maintenance and operation of facili- The spending plan required by section 540 ances therefor, as authorized by 5 U.S.C. ties, and for other services, to be provided of this Act shall be provided by NASA at the 5901–5902; rental of conference rooms in the during the next fiscal year. theme, program, project and activity level. District of Columbia; and reimbursement of

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.037 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6536 CONGRESSIONAL RECORD — SENATE October 13, 2011 the Department of Homeland Security for se- of this Act for salaries and expenses nec- priated in this Act to the Legal Services Cor- curity guard services; $290,400,000: Provided, essary to carry out the duties of the Inspec- poration shall be subject to the same terms That contracts may be entered into under tor General of the Commission on Civil and conditions set forth in such sections, ex- this heading in fiscal year 2012 for mainte- Rights. cept that all references in sections 502 and nance and operation of facilities, and for EQUAL EMPLOYMENT OPPORTUNITY 503 to 1997 and 1998 shall be deemed to refer other services, to be provided during the COMMISSION instead to 2011 and 2012, respectively. next fiscal year. Section 504 of the Departments of Com- SALARIES AND EXPENSES OFFICE OF THE NATIONAL SCIENCE BOARD merce, Justice, and State, the Judiciary, and For necessary expenses of the Equal Em- Related Agencies Appropriations Act, 1996 For necessary expenses (including payment ployment Opportunity Commission as au- (as contained in Public Law 104–134) is of salaries, authorized travel, hire of pas- thorized by title VII of the Civil Rights Act amended: senger motor vehicles, the rental of con- of 1964, the Age Discrimination in Employ- (1) in subsection (a), in the matter pre- ference rooms in the District of Columbia, ment Act of 1967, the Equal Pay Act of 1963, ceding paragraph (1), by inserting after ‘‘)’’ and the employment of experts and consult- the Americans with Disabilities Act of 1990, the following: ‘‘that uses Federal funds (or ants under section 3109 of title 5, United the Civil Rights Act of 1991, the Genetic In- funds from any source with regard to para- States Code) involved in carrying out section formation Non-Discrimination Act (GINA) of graphs (14) and (15) in a manner’’; 4 of the National Science Foundation Act of 2008 (Public Law 110–233), the ADA Amend- (2) by striking subsection (d); and 1950, as amended (42 U.S.C. 1863) and Public ments Act of 2008 (Public Law 110–325), and (3) by redesignating subsections (e) and (f) Law 86–209 (42 U.S.C. 1880 et seq.), $4,440,000: the Lilly Ledbetter Fair Pay Act of 2009 as subsections (d) and (e), respectively. Provided, That not to exceed $2,100 shall be (Public Law 111–2), including services as au- MARINE MAMMAL COMMISSION available for official reception and represen- thorized by 5 U.S.C. 3109; hire of passenger SALARIES AND EXPENSES tation expenses. motor vehicles as authorized by 31 U.S.C. OFFICE OF INSPECTOR GENERAL 1343(b); and nonmonetary awards to private For necessary expenses of the Marine For necessary expenses of the Office of In- citizens, $329,837,000: Provided, That the Com- Mammal Commission as authorized by title spector General as authorized by the Inspec- mission is authorized to make available for II of Public Law 92–522, $3,025,000. tor General Act of 1978, as amended, official reception and representation ex- OFFICE OF THE UNITED STATES TRADE $14,200,000. penses not to exceed $1,875 from available REPRESENTATIVE ADMINISTRATIVE PROVISION funds: Provided further, That the Commission SALARIES AND EXPENSES Not to exceed 5 percent of any appropria- may take no action to implement any work- For necessary expenses of the Office of the tion made available for the current fiscal force repositioning, restructuring, or reorga- United States Trade Representative, includ- year for the National Science Foundation in nization until such time as the Committees ing the hire of passenger motor vehicles and this Act may be transferred between such ap- on Appropriations have been notified of such the employment of experts and consultants propriations, but no such appropriation shall proposals, in accordance with the reprogram- as authorized by 5 U.S.C. 3109, $46,775,000, of be increased by more than 10 percent by any ming requirements of section 505 of this Act: which $1,000,000 shall remain available until such transfers. Any transfer pursuant to this Provided further, That the Chair is authorized expended: Provided, That not to exceed section shall be treated as a reprogramming to accept and use any gift or donation to $93,000 shall be available for official recep- of funds under section 505 of this Act and carry out the work of the Commission. tion and representation expenses. shall not be available for obligation except STATE AND LOCAL LAW ENFORCEMENT STATE JUSTICE INSTITUTE in compliance with the procedures set forth ASSISTANCE SALARIES AND EXPENSES in that section. For payments to State and local enforce- For necessary expenses of the State Jus- This title may be cited as the ‘‘Science Ap- ment agencies for authorized services to the tice Institute, as authorized by the State propriations Act, 2012’’. Commission, $29,400,000. Justice Institute Authorization Act of 1984 TITLE IV INTERNATIONAL TRADE COMMISSION (42 U.S.C. 10701 et seq.) $5,019,000, of which RELATED AGENCIES SALARIES AND EXPENSES $500,000 shall remain available until Sep- tember 30, 2013: Provided, That not to exceed COMMISSION ON CIVIL RIGHTS For necessary expenses of the Inter- $1,875 shall be available for official reception SALARIES AND EXPENSES national Trade Commission, including hire and representation expenses. (INCLUDING TRANSFER OF FUNDS) of passenger motor vehicles, and services as COMMISSION ON WARTIME RELOCATION AND IN- For necessary expenses of the Commission authorized by 5 U.S.C. 3109, and not to exceed TERNMENT OF LATIN AMERICANS OF JAPA- on Civil Rights, including hire of passenger $1,875 for official reception and representa- NESE DESCENT motor vehicles, $9,193,000: Provided, That tion expenses, $80,062,000, to remain available none of the funds appropriated in this para- until expended. SALARIES AND EXPENSES graph shall be used to employ in excess of LEGAL SERVICES CORPORATION For necessary expenses to carry out the ac- tivities of the Commission on Wartime Relo- four full-time individuals under Schedule C PAYMENT TO THE LEGAL SERVICES cation and Internment of Latin Americans of of the Excepted Service exclusive of one spe- CORPORATION cial assistant for each Commissioner: Pro- Japanese Descent, as authorized by section For payment to the Legal Services Cor- vided further, That none of the funds appro- 541 of this Act, $1,700,000 shall be available poration to carry out the purposes of the priated in this paragraph shall be used to re- until expended. Legal Services Corporation Act of 1974, imburse Commissioners for more than 75 TITLE V $396,106,000, of which $370,506,000 is for basic billable days, with the exception of the field programs and required independent au- GENERAL PROVISIONS chairperson, who is permitted 125 billable dits; $4,200,000 is for the Office of Inspector SEC. 501. No part of any appropriation con- days: Provided further, That none of the funds General, of which such amounts as may be tained in this Act shall be used for publicity appropriated in this paragraph shall be used necessary may be used to conduct additional or propaganda purposes not authorized by for any activity or expense that is not ex- audits of recipients; $17,000,000 is for manage- the Congress. plicitly authorized by 42 U.S.C. 1975a: Pro- ment and grants oversight; $3,400,000 is for SEC. 502. No part of any appropriation con- vided further, That there shall be an Inspec- client self-help and information technology; tained in this Act shall remain available for tor General at the Commission on Civil and $1,000,000 is for loan repayment assist- obligation beyond the current fiscal year un- Rights who shall have the duties, respon- ance: Provided, That the Legal Services Cor- less expressly so provided herein. sibilities, and authorities specified in the In- poration may continue to provide locality SEC. 503. The expenditure of any appropria- spector General Act of 1978, as amended: Pro- pay to officers and employees at a rate no tion under this Act for any consulting serv- vided further, That an individual appointed to greater than that provided by the Federal ice through procurement contract, pursuant the position of Inspector General of the Government to Washington, DC-based em- to 5 U.S.C. 3109, shall be limited to those Equal Employment Opportunity Commission ployees as authorized by 5 U.S.C. 5304, not- contracts where such expenditures are a (EEOC) shall, by virtue of such appointment, withstanding section 1005(d) of the Legal matter of public record and available for also hold the position of Inspector General of Services Corporation Act, 42 U.S.C. 2996(d): public inspection, except where otherwise the Commission on Civil Rights: Provided Provided further, That the authorities pro- provided under existing law, or under exist- further, That the Inspector General of the vided in section 205 of this Act shall be appli- ing Executive order issued pursuant to exist- Commission on Civil Rights shall utilize per- cable to the Legal Services Corporation. ing law. sonnel of the Office of Inspector General of SEC. 504. If any provision of this Act or the EEOC in performing the duties of the Inspec- ADMINISTRATIVE PROVISION—LEGAL SERVICES application of such provision to any person tor General of the Commission on Civil CORPORATION or circumstances shall be held invalid, the Rights, and shall not appoint any individuals None of the funds appropriated in this Act remainder of the Act and the application of to positions within the Commission on Civil to the Legal Services Corporation shall be each provision to persons or circumstances Rights: Provided further, That of the amounts expended for any purpose prohibited or lim- other than those as to which it is held in- made available in this paragraph, $800,000 ited by, or contrary to any of the provisions valid shall not be affected thereby. shall be transferred directly to the Office of of, sections 501, 502, 503, 504, 505, and 506 of SEC. 505. (a) None of the funds provided Inspector General of EEOC upon enactment Public Law 105–119, and all funds appro- under this Act, or provided under previous

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.037 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6537 appropriations Acts to the agencies funded mission on October 1, 1993 (58 Fed. Reg. to a transfer made by, or transfer authority by this Act that remain available for obliga- 51266). provided in, this Act or any other appropria- tion or expenditure in fiscal year 2012, or SEC. 507. If it has been finally determined tions Act. provided from any accounts in the Treasury by a court or Federal agency that any person SEC. 515. Any funds provided in this Act of the United States derived by the collec- intentionally affixed a label bearing a ‘‘Made used to implement E-Government Initiatives tion of fees available to the agencies funded in America’’ inscription, or any inscription shall be subject to the procedures set forth by this Act, shall be available for obligation with the same meaning, to any product sold in section 505 of this Act. or expenditure through the reprogramming in or shipped to the United States that is not SEC. 516. (a) Tracing studies conducted by of funds that— made in the United States, the person shall the Bureau of Alcohol, Tobacco, Firearms (1) creates or initiates a new program, be ineligible to receive any contract or sub- and Explosives are released without ade- project or activity, unless the House and contract made with funds made available in quate disclaimers regarding the limitations Senate Committees on Appropriations are this Act, pursuant to the debarment, suspen- of the data. notified 15 days in advance of such re- sion, and ineligibility procedures described (b) The Bureau of Alcohol, Tobacco, Fire- arms and Explosives shall include in all such programming of funds; in sections 9.400 through 9.409 of title 48, data releases, language similar to the fol- (2) eliminates a program, project or activ- Code of Federal Regulations. lowing that would make clear that trace ity, unless the House and Senate Committees SEC. 508. The Departments of Commerce on Appropriations are notified 15 days in ad- and Justice, the National Science Founda- data cannot be used to draw broad conclu- sions about firearms-related crime: vance of such reprogramming of funds; tion, and the National Aeronautics and (1) Firearm traces are designed to assist (3) increases funds or personnel by any Space Administration, shall provide to the law enforcement authorities in conducting means for any project or activity for which House and Senate Committees on Appropria- investigations by tracking the sale and pos- funds have been denied or restricted by this tions a quarterly accounting of the cumu- session of specific firearms. Law enforce- Act, unless the House and Senate Commit- lative balances of any unobligated funds that ment agencies may request firearms traces tees on Appropriations are notified 15 days in were received by such agency during any pre- for any reason, and those reasons are not advance of such reprogramming of funds; vious fiscal year. necessarily reported to the Federal Govern- (4) relocates an office or employees, unless SEC. 509. Any costs incurred by a depart- ment. Not all firearms used in crime are the House and Senate Committees on Appro- ment or agency funded under this Act result- traced and not all firearms traced are used in priations are notified 15 days in advance of ing from, or to prevent, personnel actions crime. such reprogramming of funds; taken in response to funding reductions in- (2) Firearms selected for tracing are not (5) reorganizes or renames offices, pro- cluded in this Act shall be absorbed within chosen for purposes of determining which grams or activities, unless the House and the total budgetary resources available to types, makes, or models of firearms are used Senate Committees on Appropriations are such department or agency: Provided, That for illicit purposes. The firearms selected do notified 15 days in advance of such re- the authority to transfer funds between ap- not constitute a random sample and should programming of funds; propriations accounts as may be necessary not be considered representative of the larg- (6) contracts out or privatizes any func- to carry out this section is provided in addi- er universe of all firearms used by criminals, tions or activities presently performed by tion to authorities included elsewhere in this or any subset of that universe. Firearms are Federal employees, unless the House and Act: Provided further, That use of funds to normally traced to the first retail seller, and Senate Committees on Appropriations are carry out this section shall be treated as a sources reported for firearms traced do not notified 15 days in advance of such re- reprogramming of funds under section 505 of necessarily represent the sources or methods programming of funds; this Act and shall not be available for obliga- by which firearms in general are acquired for (7) proposes to use funds directed for a spe- tion or expenditure except in compliance use in crime. cific activity by either the House or Senate with the procedures set forth in that section. SEC. 517. (a) The Inspectors General of the Committee on Appropriations for a different SEC. 510. None of the funds provided by this Act shall be available to promote the sale or Department of Commerce, the Department purpose, unless the House and Senate Com- of Justice, the National Aeronautics and mittees on Appropriations are notified 15 export of tobacco or tobacco products, or to seek the reduction or removal by any foreign Space Administration, the National Science days in advance of such reprogramming of Foundation, and the Legal Services Corpora- country of restrictions on the marketing of funds; tion shall conduct audits, pursuant to the In- tobacco or tobacco products, except for re- (8) augments funds for existing programs, spector General Act (5 U.S.C. App.), of grants strictions which are not applied equally to projects or activities in excess of $500,000 or or contracts for which funds are appro- all tobacco or tobacco products of the same 10 percent, whichever is less, or reduces by 10 priated by this Act, and shall submit reports percent funding for any program, project or type. to Congress on the progress of such audits, SEC. 511. None of the funds appropriated activity, or numbers of personnel by 10 per- which may include preliminary findings and pursuant to this Act or any other provision cent as approved by Congress, unless the a description of areas of particular interest, of law may be used for— House and Senate Committees on Appropria- within 180 days after initiating such an audit tions are notified 15 days in advance of such (1) the implementation of any tax or fee in and every 180 days thereafter until any such reprogramming of funds; or connection with the implementation of sub- audit is completed. (9) results from any general savings, in- section 922(t) of title 18, United States Code; (b) Within 60 days after the date on which cluding savings from a reduction in per- and an audit described in subsection (a) by an In- sonnel, which would result in a change in ex- (2) any system to implement subsection spector General is completed, the Secretary, isting programs, projects or activities as ap- 922(t) of title 18, United States Code, that Attorney General, Administrator, Director, proved by Congress, unless the House and does not require and result in the destruc- or President, as appropriate, shall make the Senate Committees on Appropriations are tion of any identifying information sub- results of the audit available to the public on notified 15 days in advance of such re- mitted by or on behalf of any person who has the Internet website maintained by the De- programming of funds. been determined not to be prohibited from partment, Administration, Foundation, or (b) None of the funds in provided under this possessing or receiving a firearm no more Corporation, respectively. The results shall Act, or provided under previous appropria- than 24 hours after the system advises a Fed- be made available in redacted form to ex- tions Acts to the agencies funded by this Act eral firearms licensee that possession or re- clude— that remain available for obligation or ex- ceipt of a firearm by the prospective trans- (1) any matter described in section 552(b) of penditure in fiscal year 2012, or provided feree would not violate subsection (g) or (n) title 5, United States Code; and from any accounts in the Treasury of the of section 922 of title 18, United States Code, (2) sensitive personal information for any United States derived by the collection of or State law. individual, the public access to which could fees available to the agencies funded by this SEC. 512. Notwithstanding any other provi- be used to commit identity theft or for other Act, shall be available for obligation or ex- sion of law, amounts deposited or available inappropriate or unlawful purposes. penditure through the reprogramming of in the Fund established under 42 U.S.C. 10601 (c) A grant or contract funded by amounts funds after August 1, except in extraordinary in any fiscal year in excess of $705,000,000 appropriated by this Act may not be used for circumstances, and only after the House and shall not be available for obligation until the the purpose of defraying the costs of a ban- Senate Committees on Appropriations are following fiscal year. quet or conference that is not directly and notified 30 days in advance of such re- SEC. 513. None of the funds made available programmatically related to the purpose for programming of funds. to the Department of Justice in this Act which the grant or contract was awarded, SEC. 506. Hereafter, none of the funds made may be used to discriminate against or deni- such as a banquet or conference held in con- available in this or any other Act may be grate the religious or moral beliefs of stu- nection with planning, training, assessment, used to implement, administer, or enforce dents who participate in programs for which review, or other routine purposes related to any guidelines of the Equal Employment Op- financial assistance is provided from those a project funded by the grant or contract. portunity Commission covering harassment funds, or of the parents or legal guardians of (d) Any person awarded a grant or contract based on religion, when it is made known to such students. funded by amounts appropriated by this Act the Federal entity or official to which such SEC. 514. None of the funds made available shall submit a statement to the Secretary of funds are made available that such guide- in this Act may be transferred to any depart- Commerce, the Attorney General, the Ad- lines do not differ in any respect from the ment, agency, or instrumentality of the ministrator, Director, or President, as appro- proposed guidelines published by the Com- United States Government, except pursuant priate, certifying that no funds derived from

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Notwithstanding any other provi- the agency awarding the contract or grant (e) The provisions of the preceding sub- sion of law, no department, agency, or in- that, to the best of its knowledge and belief, sections of this section shall take effect 30 strumentality of the United States receiving the contractor or grantee has filed all Fed- days after the date on which the Director of appropriated funds under this Act or any eral tax returns required during the three the Office of Management and Budget, in other Act shall obligate or expend in any years preceding the certification, has not consultation with the Director of the Office way such funds to pay administrative ex- been convicted of a criminal offense under of Government Ethics, determines that a penses or the compensation of any officer or the Internal Revenue Code of 1986, and has uniform set of rules and requirements, sub- employee of the United States to deny any not, more than 90 days prior to certification, stantially similar to the requirements in application submitted pursuant to 22 U.S.C. been notified of any unpaid Federal tax as- such subsections, consistently apply under 2778(b)(1)(B) and qualified pursuant to 27 CFR sessment for which the liability remains the executive branch ethics program to all section 478.112 or .113, for a permit to import unsatisfied, unless the assessment is the sub- Federal departments, agencies, and entities. United States origin ‘‘curios or relics’’ fire- ject of an installment agreement or offer in SEC. 518. None of the funds appropriated or arms, parts, or ammunition. compromise that has been approved by the otherwise made available under this Act may SEC. 522. None of the funds made available Internal Revenue Service and is not in de- be used to issue patents on claims directed in this Act may be used to include in any fault, or the assessment is the subject of a to or encompassing a human organism. new bilateral or multilateral trade agree- non-frivolous administrative or judicial pro- SEC. 519. None of the funds made available ment the text of— ceeding. in this Act shall be used in any way whatso- (1) paragraph 2 of article 16.7 of the United SEC. 528. None of the funds appropriated or ever to support or justify the use of torture States-Singapore Free Trade Agreement; otherwise made available in this Act may be by any official or contract employee of the (2) paragraph 4 of article 17.9 of the United used in a manner that is inconsistent with United States Government. States-Australia Free Trade Agreement; or the principal negotiating objective of the SEC. 520. (a) Notwithstanding any other (3) paragraph 4 of article 15.9 of the United United States with respect to trade remedy provision of law or treaty, none of the funds States-Morocco Free Trade Agreement. laws to preserve the ability of the United appropriated or otherwise made available SEC. 523. None of the funds made available States— under this Act or any other Act may be ex- in this Act may be used to authorize or issue (1) to enforce vigorously its trade laws, in- pended or obligated by a department, agen- a national security letter in contravention of cluding antidumping, countervailing duty, cy, or instrumentality of the United States any of the following laws authorizing the and safeguard laws; to pay administrative expenses or to com- Federal Bureau of Investigation to issue na- (2) to avoid agreements that— pensate an officer or employee of the United tional security letters: The Right to Finan- (A) lessen the effectiveness of domestic and States in connection with requiring an ex- cial Privacy Act; The Electronic Commu- international disciplines on unfair trade, es- port license for the export to Canada of com- nications Privacy Act; The Fair Credit Re- pecially dumping and subsidies; or ponents, parts, accessories or attachments porting Act; The National Security Act of (B) lessen the effectiveness of domestic and for firearms listed in Category I, section 1947; USA PATRIOT Act; and the laws international safeguard provisions, in order 121.1 of title 22, Code of Federal Regulations amended by these Acts. to ensure that United States workers, agri- (International Trafficking in Arms Regula- SEC. 524. If at any time during any quarter, cultural producers, and firms can compete tions (ITAR), part 121, as it existed on April the program manager of a project within the fully on fair terms and enjoy the benefits of 1, 2005) with a total value not exceeding $500 jurisdiction of the Departments of Com- reciprocal trade concessions; and wholesale in any transaction, provided that merce or Justice, the National Aeronautics (3) to address and remedy market distor- the conditions of subsection (b) of this sec- and Space Administration, or the National tions that lead to dumping and subsidiza- tion are met by the exporting party for such Science Foundation totaling more than tion, including overcapacity, cartelization, articles. $75,000,000 has reasonable cause to believe and market-access barriers. (b) The foregoing exemption from obtain- that the total program cost has increased by (RESCISSIONS) ing an export license— 10 percent, the program manager shall imme- SEC. 529. (a) Of the unobligated balances (1) does not exempt an exporter from filing diately inform the Secretary, Administrator, available to the Department of Commerce, any Shipper’s Export Declaration or notifi- or Director. The Secretary, Administrator, the following funds are hereby rescinded, not cation letter required by law, or from being or Director shall notify the House and Sen- later than September 30, 2012, from the fol- otherwise eligible under the laws of the ate Committees on Appropriations within 30 lowing account in the specified amount: United States to possess, ship, transport, or days in writing of such increase, and shall (1) ‘‘National Telecommunications and In- export the articles enumerated in subsection include in such notice: the date on which formation Administration, Information In- (a); and such determination was made; a statement frastructure Grants’’, $2,000,000; and (2) does not permit the export without a li- of the reasons for such increases; the action (2) ‘‘National Oceanic and Atmospheric Ad- cense of— taken and proposed to be taken to control ministration, Foreign Fishing Observer (A) fully automatic firearms and compo- future cost growth of the project; changes Fund’’, $350,000. nents and parts for such firearms, other than made in the performance or schedule mile- (b) Of the amounts made available under for end use by the Federal Government, or a stones and the degree to which such changes section 3010 of the Deficit Reduction Act of Provincial or Municipal Government of Can- have contributed to the increase in total pro- 2005 (47 U.S.C. 309 note), $4,300,000 in unobli- ada; gram costs or procurement costs; new esti- gated balances are hereby rescinded. (B) barrels, cylinders, receivers (frames) or mates of the total project or procurement (c) Of the unobligated balances available to complete breech mechanisms for any firearm costs; and a statement validating that the the Department of Justice from prior appro- listed in Category I, other than for end use project’s management structure is adequate priations, the following funds are hereby re- by the Federal Government, or a Provincial to control total project or procurement scinded, not later than September 30, 2012, or Municipal Government of Canada; or costs. from the following accounts in the specified (C) articles for export from Canada to an- SEC. 525. Funds appropriated by this Act, amounts— other foreign destination. or made available by the transfer of funds in (1) ‘‘Working Capital Fund’’, $40,000,000; (c) In accordance with this section, the this Act, for intelligence or intelligence re- (2) ‘‘Legal Activities, Assets Forfeiture District Directors of Customs and post- lated activities are deemed to be specifically Fund’’, $620,000,000; masters shall permit the permanent or tem- authorized by the Congress for purposes of (3) ‘‘United States Marshals Service, Sala- porary export without a license of any un- section 504 of the National Security Act of ries and Expenses’’, $7,200,000; classified articles specified in subsection (a) 1947 (50 U.S.C. 414) during fiscal year 2012 (4) ‘‘Drug Enforcement Administration, to Canada for end use in Canada or return to until the enactment of the Intelligence Au- Salaries and Expenses’’, $30,000,000; the United States, or temporary import of thorization Act for fiscal year 2012. (5) ‘‘Federal Prison System, Buildings and Canadian-origin items from Canada for end SEC. 526. The Departments, agencies, and Facilities’’, $35,000,000; use in the United States or return to Canada commissions funded under this Act, shall es- (6) ‘‘Office of Justice Programs’’, for a Canadian citizen. tablish and maintain on the homepages of $42,600,000; (d) The President may require export li- their Internet websites— (7) ‘‘Community Oriented Policing Serv- censes under this section on a temporary (1) a direct link to the Internet websites of ices’’, $10,200,000; and basis if the President determines, upon pub- their Offices of Inspectors General; and (8) ‘‘Office on Violence Against Women’’, lication first in the Federal Register, that (2) a mechanism on the Offices of Inspec- $5,000,000. the Government of Canada has implemented tors General website by which individuals (d) Within 30 days of enactment of this or maintained inadequate import controls may anonymously report cases of waste, Act, the Department of Justice shall submit for the articles specified in subsection (a), fraud, or abuse with respect to those Depart- to the Committees on Appropriations of the such that a significant diversion of such arti- ments, agencies, and commissions. House of Representatives and the Senate a cles has and continues to take place for use SEC. 527. None of the funds appropriated or report specifying the amount of each rescis- in international terrorism or in the esca- otherwise made available by this Act may be sion made pursuant to this section.

VerDate Mar 15 2010 02:08 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.037 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6539 (e) The rescissions contained in this sec- total finances that have not been obligated of the Department of State in internment tion shall not apply to funds provided in this to a specific project remaining in the ac- camps operated by the Immigration and Nat- Act. counts. uralization Service from 1941 through 1948. SEC. 530. None of the funds made available SEC. 537. None of the funds made available (3) Those men, women, and children ei- in this Act may be used to purchase first in this Act may be used to relocate the Bu- ther— class or premium airline travel in contraven- reau of the Census or employees from the De- (A) were arrested without a warrant, hear- tion of sections 301–10.122 through 301–10.124 partment of Commerce to the jurisdiction of ing, or indictment by local police, and sent of title 41 of the Code of Federal Regulations. the Executive Office of the President. to the United States for internment; or SEC. 531. None of the funds made available SEC. 538. (a) The head of any department, (B) in some cases involving women and in this Act may be used to send or otherwise agency, board or commission funded by this children, voluntarily entered internment pay for the attendance of more than 50 em- Act shall submit quarterly reports to the In- camps to remain with their arrested hus- ployees from a Federal department or agen- spector General, or the senior ethics official bands, fathers, and other male relatives. cy at any single conference occurring outside for any entity without an inspector general, (4) Passports held by individuals who were the United States. of the appropriate department, agency, board Latin Americans of Japanese descent were SEC. 532. None of the funds appropriated or or commission regarding the costs and con- routinely confiscated before the individuals otherwise made available in this or any tracting procedures relating to each con- arrived in the United States, and the Depart- other Act may be used to transfer, release, ference held by the department, agency, ment of State ordered United States consuls or assist in the transfer or release to or with- board or commission during fiscal year 2012 in Latin American countries to refuse to in the United States, its territories, or pos- for which the cost to the Government was issue visas to the individuals prior to depar- sessions Khalid Sheikh Mohammed or any more than $20,000. ture. other detainee who— (b) Each report submitted under subsection (5) Despite their involuntary arrival, Latin (1) is not a United States citizen or a mem- (a) shall include, for each conference de- American internees of Japanese descent were ber of the Armed Forces of the United scribed in that subsection held during the considered to be and treated as illegal en- States; and applicable quarter— trants by the Immigration and Naturaliza- (2) is or was held on or after June 24, 2009, (1) a description of the subject of and num- tion Service. Thus, the internees became il- at the United States Naval Station, Guanta- ber of participants attending that con- legal aliens in United States custody who namo Bay, Cuba, by the Department of De- ference; were subject to deportation proceedings for fense. (2) a detailed statement of the costs to the immediate removal from the United States. SEC. 533. (a) None of the funds appropriated Government relating to that conference, in- In some cases, Latin American internees of or otherwise made available in this or any cluding— Japanese descent were deported to Axis other Act may be used to construct, acquire, (A) the cost of any food or beverages; countries to enable the United States to con- or modify any facility in the United States, (B) the cost of any audio-visual services; duct prisoner exchanges. its territories, or possessions to house any and (6) Approximately 2,300 men, women, and individual described in subsection (c) for the (C) a discussion of the methodology used to children of Japanese descent were relocated purposes of detention or imprisonment in the determine which costs relate to that con- from their homes in Latin America, detained custody or under the effective control of the ference; and in internment camps in the United States, Department of Defense. (3) a description of the contracting proce- and in some cases, deported to Axis coun- (b) The prohibition in subsection (a) shall dures relating to that conference, includ- tries to enable the United States to conduct not apply to any modification of facilities at ing— prisoner exchanges. United States Naval Station, Guantanamo (A) whether contracts were awarded on a (7) The Commission on Wartime Reloca- Bay, Cuba. competitive basis for that conference; and tion and Internment of Civilians studied (c) An individual described in this sub- (B) a discussion of any cost comparison Federal actions conducted pursuant to Exec- section is any individual who, as of June 24, conducted by the department, agency, board utive Order 9066 (relating to authorizing the 2009, is located at United States Naval Sta- or commission in evaluating potential con- Secretary of War to prescribe military tion, Guantanamo Bay, Cuba, and who— tractors for that conference. areas). Although the United States program (1) is not a citizen of the United States or SEC. 539. (a) None of the funds made avail- of interning Latin Americans of Japanese de- a member of the Armed Forces of the United able in this Act may be used to maintain or scent was not conducted pursuant to Execu- States; and establish a computer network unless such tive Order 9066, an examination of that ex- (2) is— network blocks the viewing, downloading, traordinary program is necessary to estab- (A) in the custody or under the effective and exchanging of pornography. lish a complete account of Federal actions to control of the Department of Defense; or (b) Nothing in subsection (a) shall limit detain and intern civilians of enemy or for- (B) otherwise under detention at United the use of funds necessary for any Federal, eign nationality, particularly of Japanese States Naval Station, Guantanamo Bay, State, tribal, or local law enforcement agen- descent. Although historical documents re- Cuba. cy or any other entity carrying out criminal lating to the program exist in distant ar- SEC. 534. None of the funds made available investigations, prosecution, or adjudication chives, the Commission on Wartime Reloca- under this Act may be distributed to the As- activities. tion and Internment of Civilians did not re- sociation of Community Organizations for SEC. 540. The Departments of Commerce search those documents. Reform Now (ACORN) or its subsidiaries. and Justice, the National Aeronautics and (8) Latin American internees of Japanese SEC. 535. To the extent practicable, funds Space Administration, and the National descent were a group not covered by the made available in this Act should be used to Science Foundation are directed to submit Civil Liberties Act of 1988 (50 U.S.C. App. purchase light bulbs that are ‘‘Energy Star’’ spending plans, signed by the respective de- 1989b et seq.), which formally apologized and qualified or have the ‘‘Federal Energy Man- partment or agency head, to the House and provided compensation payments to former agement Program’’ designation. Senate Committees on Appropriations with- Japanese Americans interned pursuant to SEC. 536. The Director of the Office of Man- in 30 days of enactment of this Act. Executive Order 9066. agement and Budget shall instruct any de- COMMISSION ON WARTIME RELOCATION AND IN- (b) PURPOSE.—The purpose of this section partment, agency, or instrumentality of the is to establish a fact-finding Commission to TERNMENT OF LATIN AMERICANS OF JAPANESE United States Government receiving funds extend the study of the Commission on War- DESCENT appropriated under this Act to track time Relocation and Internment of Civilians undisbursed balances in expired grant ac- SEC. 541. (a) FINDINGS.—Based on a prelimi- to investigate and determine facts and cir- counts and include in its annual performance nary study published in December 1982 by cumstances surrounding the relocation, in- plan and performance and accountability re- the Commission on Wartime Relocation and ternment, and deportation to Axis countries ports the following: Internment of Civilians, Congress finds the of Latin Americans of Japanese descent from (1) Details on future action the depart- following: December 1941 through February 1948, and ment, agency, or instrumentality will take (1) During World War II, the United the impact of those actions by the United to resolve undisbursed balances in expired States— States, and to recommend appropriate rem- grant accounts. (A) expanded its internment program and edies, if any, based on preliminary findings (2) The method that the department, agen- national security investigations to conduct by the original Commission and new discov- cy, or instrumentality uses to track the program and investigations in Latin eries. undisbursed balances in expired grant ac- America; and (c) ESTABLISHMENT OF THE COMMISSION.— counts. (B) financed relocation to the United (1) IN GENERAL.—There is established the (3) Identification of undisbursed balances States, and internment, of approximately Commission on Wartime Relocation and In- in expired grant accounts that may be re- 2,300 Latin Americans of Japanese descent, ternment of Latin Americans of Japanese de- turned to the Treasury of the United States. for the purpose of exchanging the Latin scent (referred to in this section as the (4) In the preceding 3 fiscal years, details Americans of Japanese descent for United ‘‘Commission’’). on the total number of expired grant ac- States citizens held by Axis countries. (2) COMPOSITION.—The Commission shall be counts with undisbursed balances (on the (2) Approximately 2,300 men, women, and composed of 9 members, who shall be ap- first day of each fiscal year) for the depart- children of Japanese descent from 13 Latin pointed not later than 60 days after the date ment, agency, or instrumentality and the American countries were held in the custody of enactment of this section, of whom—

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(A) 3 members shall be appointed by the sion or such subcommittee or member con- (5) PROCUREMENT OF TEMPORARY AND INTER- President; siders advisable. MITTENT SERVICES.—The Chairperson of the (B) 3 members shall be appointed by the (2) ISSUANCE AND ENFORCEMENT OF SUB- Commission may procure temporary and Speaker of the House of Representatives, on POENAS.— intermittent services under section 3109(b) of the joint recommendation of the majority (A) ISSUANCE.—Subpoenas issued under title 5, United States Code, at rates for indi- leader of the House of Representatives and paragraph (1) shall bear the signature of the viduals that do not exceed the daily equiva- the minority leader of the House of Rep- Chairperson of the Commission and shall be lent of the annual rate of basic pay pre- resentatives; and served by any person or class of persons des- scribed for level V of the Executive Schedule (C) 3 members shall be appointed by the ignated by the Chairperson for that purpose. under section 5316 of such title. President pro tempore of the Senate, on the (B) ENFORCEMENT.—In the case of contu- (6) OTHER ADMINISTRATIVE MATTERS.—The joint recommendation of the majority leader macy or failure to obey a subpoena issued Commission may— of the Senate and the minority leader of the under paragraph (1), the United States dis- (A) enter into agreements with the Admin- Senate. trict court for the judicial district in which istrator of General Services to procure nec- (3) PERIOD OF APPOINTMENT; VACANCIES.— the subpoenaed person resides, is served, or essary financial and administrative services; Members shall be appointed for the life of may be found may issue an order requiring (B) enter into contracts to procure sup- the Commission. A vacancy in the Commis- such person to appear at any designated plies, services, and property; and sion shall not affect its powers, but shall be place to testify or to produce documentary (C) enter into contracts with Federal, filled in the same manner as the original ap- or other evidence. Any failure to obey the State, or local agencies, or private institu- pointment was made. order of the court may be punished by the tions or organizations, for the conduct of re- (4) MEETINGS.— court as a contempt of that court. search or surveys, the preparation of reports, (A) FIRST MEETING.—The President shall (3) WITNESS ALLOWANCES AND FEES.—Sec- and other activities necessary to enable the call the first meeting of the Commission not tion 1821 of title 28, United States Code, shall Commission to perform its duties. later than the later of— apply to witnesses requested or subpoenaed (g) TERMINATION.—The Commission shall (i) 60 days after the date of enactment of to appear at any hearing of the Commission. terminate 90 days after the date on which this section; or The per diem and mileage allowances for the Commission submits its report to Con- (ii) 30 days after the date of enactment of witnesses shall be paid from funds available gress under subsection (d)(2). legislation making appropriations to carry to pay the expenses of the Commission. (h) AUTHORIZATION OF APPROPRIATIONS.— out this section. (4) INFORMATION FROM FEDERAL AGENCIES.— (1) IN GENERAL.—There are authorized to be (B) SUBSEQUENT MEETINGS.—Except as pro- The Commission may secure directly from appropriated such sums as may be necessary vided in subparagraph (A), the Commission any Federal department or agency such in- to carry out this section. shall meet at the call of the Chairperson. formation as the Commission considers nec- (2) AVAILABILITY.—Any sums appropriated essary to perform its duties. Upon request of (5) QUORUM.—Five members of the Commis- under the authorization contained in this sion shall constitute a quorum, but a lesser the Chairperson of the Commission, the head subsection shall remain available, without number of members may hold hearings. of such department or agency shall furnish fiscal year limitation, until expended. such information to the Commission. (6) CHAIRPERSON AND VICE CHAIRPERSON.— This Act may be cited as the ‘‘Commerce, OSTAL SERVICES.—The Commission The Commission shall elect a Chairperson (5) P Justice, Science, and Related Agencies Ap- may use the United States mails in the same and Vice Chairperson from among its mem- propriations Act, 2012’’. manner and under the same conditions as bers. The Chairperson and Vice Chairperson other departments and agencies of the Fed- DIVISION C—TRANSPORTATION, HOUSING shall serve for the life of the Commission. eral Government. AND URBAN DEVELOPMENT, AND RE- (d) DUTIES OF THE COMMISSION.— (f) PERSONNEL AND ADMINISTRATIVE PROVI- LATED AGENCIES (1) IN GENERAL.—The Commission shall— SIONS.— That the following sums are appropriated, (A) extend the study of the Commission on (1) COMPENSATION OF MEMBERS.—Each out of any money in the Treasury not other- Wartime Relocation and Internment of Civil- member of the Commission who is not an of- wise appropriated, for the Departments of ians, established by the Commission on War- ficer or employee of the Federal Government Transportation, and Housing and Urban De- time Relocation and Internment of Civilians shall be compensated at a rate equal to the velopment, and related agencies for the fis- Act— daily equivalent of the annual rate of basic cal year ending September 30, 2012, and for (i) to investigate and determine facts and pay prescribed for level IV of the Executive other purposes, namely: circumstances surrounding the United Schedule under section 5315 of title 5, United TITLE I States’ relocation, internment, and deporta- States Code, for each day (including travel DEPARTMENT OF TRANSPORTATION tion to Axis countries of Latin Americans of time) during which such member is engaged Japanese descent from December 1941 in the performance of the duties of the Com- OFFICE OF THE SECRETARY through February 1948, and the impact of mission. All members of the Commission SALARIES AND EXPENSES those actions by the United States; and who are officers or employees of the United For necessary expenses of the Office of the (ii) in investigating those facts and cir- States shall serve without compensation in Secretary, $102,202,000, of which not to ex- cumstances, to review directives of the addition to that received for their services as ceed $2,618,000 shall be available for the im- United States Armed Forces and the Depart- officers or employees of the United States. mediate Office of the Secretary; not to ex- ment of State requiring the relocation, de- (2) TRAVEL EXPENSES.—The members of the ceed $981,000 shall be available for the Imme- tention in internment camps, and deporta- Commission shall be allowed travel expenses, diate Office of the Deputy Secretary; not to tion to Axis countries of Latin Americans of including per diem in lieu of subsistence, at exceed $19,515,000 shall be available for the Japanese descent; and rates authorized for employees of agencies Office of the General Counsel; not to exceed (B) recommend appropriate remedies, if under subchapter I of chapter 57 of title 5, $11,004,000 shall be available for the Office of any, based on preliminary findings by the United States Code, while away from their the Under Secretary of Transportation for original Commission and new discoveries. homes or regular places of business in the Policy; not to exceed $10,538,000 shall be (2) REPORT.—Not later than 1 year after performance of services for the Commission. available for the Office of the Assistant Sec- the date of the first meeting of the Commis- (3) STAFF.— retary for Budget and Programs; not to ex- sion pursuant to subsection (c)(4)(A), the (A) IN GENERAL.—The Chairperson of the ceed $2,544,000 shall be available for the Of- Commission shall submit a written report to Commission may, without regard to the civil fice of the Assistant Secretary for Govern- Congress, which shall contain findings re- service laws and regulations, appoint and mental Affairs; not to exceed $25,469,000 shall sulting from the investigation conducted terminate the employment of such personnel be available for the Office of the Assistant under paragraph (1)(A) and recommendations as may be necessary to enable the Commis- Secretary for Administration; not to exceed described in paragraph (1)(B). sion to perform its duties. $2,046,000 shall be available for the Office of (e) POWERS OF THE COMMISSION.— (B) COMPENSATION.—The Chairperson of the Public Affairs; not to exceed $1,649,000 shall (1) HEARINGS.—The Commission or, at its Commission may fix the compensation of the be available for the Office of the Executive direction, any subcommittee or member of personnel without regard to chapter 51 and Secretariat; not to exceed $1,492,000 shall be the Commission, may, for the purpose of car- subchapter III of chapter 53 of title 5, United available for the Office of Small and Dis- rying out this section— States Code, relating to classification of po- advantaged Business Utilization; not to ex- (A) hold such public hearings in such cities sitions and General Schedule pay rates, ex- ceed $10,578,000 for the Office of Intelligence, and countries, sit and act at such times and cept that the rate of pay for the personnel Security, and Emergency Response; and not places, take such testimony, receive such may not exceed the rate payable for level V to exceed $13,768,000 shall be available for the evidence, and administer such oaths as the of the Executive Schedule under section 5316 Office of the Chief Information Officer: Pro- Commission or such subcommittee or mem- of such title. vided, That the Secretary of Transportation ber considers advisable; and (4) DETAIL OF GOVERNMENT EMPLOYEES.— is authorized to transfer funds appropriated (B) require, by subpoena or otherwise, the Any Federal Government employee may be for any office of the Office of the Secretary attendance and testimony of such witnesses detailed to the Commission without reim- to any other office of the Office of the Sec- and the production of such books, records, bursement, and such detail shall be without retary: Provided further, That no appropria- correspondence, memoranda, papers, docu- interruption or loss of civil service status or tion for any office shall be increased or de- ments, tapes, and materials as the Commis- privilege. creased by more than 5 percent by all such

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.038 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6541 transfers: Provided further, That notice of ministration, to fund the award and over- through 41742, $143,000,000, to be derived from any change in funding greater than 5 percent sight of grants and credit assistance made the Airport and Airway Trust Fund, to re- shall be submitted for approval to the House under this heading. main available until expended: Provided, and Senate Committees on Appropriations: FINANCIAL MANAGEMENT CAPITAL That in determining between or among car- Provided further, That not to exceed $60,000 riers competing to provide service to a com- For necessary expenses for upgrading and shall be for allocation within the Depart- munity, the Secretary may consider the rel- enhancing the Department of Transpor- ment for official reception and representa- ative subsidy requirements of the carriers: tation’s financial systems and re-engineering tion expenses as the Secretary may deter- Provided further, That no funds made avail- business processes, $4,990,000, to remain mine: Provided further, That notwithstanding able under section 41742 of title 49, United available through September 30, 2013. any other provision of law, excluding fees au- States Code, and no funds made available in thorized in Public Law 107–71, there may be CYBER SECURITY INITIATIVES this Act or any other Act in any fiscal year, credited to this appropriation up to $2,500,000 For necessary expenses for cyber security shall be available to carry out the essential in funds received in user fees: Provided fur- initiatives, including improvement of net- air service program under sections 41731 ther, That none of the funds provided in this work perimeter controls and identity man- through 41742 of such title 49 in communities Act shall be available for the position of As- agement, testing and assessment of informa- in the 48 contiguous States unless the com- sistant Secretary for Public Affairs. tion technology against business, security, munity received subsidized essential air NATIONAL INFRASTRUCTURE INVESTMENTS and other requirements, implementation of service or received a 90-day notice of intent For capital investments in surface trans- Federal cyber security initiatives and infor- to terminate service and the Secretary re- portation infrastructure, $550,000,000, to re- mation infrastructure enhancements, imple- quired the air carrier to continue to provide main available through September 30, 2013: mentation of enhanced security controls on service to the community at any time be- Provided, That the Secretary of Transpor- network devices, and enhancement of cyber tween September 30, 2010, and September 30, tation shall distribute funds provided under security workforce training tools, $10,000,000, 2011, inclusive: Provided further, That basic this heading as discretionary grants to be to remain available through September 30, essential air service minimum requirements awarded to a State, local government, tran- 2013. shall not include the 15-passenger capacity sit agency, or a collaboration among such OFFICE OF CIVIL RIGHTS requirement under subsection 41732(b)(3) of entities on a competitive basis for projects For necessary expenses of the Office of title 49, United States Code: Provided further, that will have a significant impact on the Civil Rights, $9,648,000. That if the funds under this heading are in- Nation, a metropolitan area, or a region: sufficient to meet the costs of the essential TRANSPORTATION PLANNING, RESEARCH, AND Provided further, That projects eligible for air service program in the current fiscal DEVELOPMENT funding provided under this heading shall in- year, the Secretary shall transfer such sums clude, but not be limited to, highway or For necessary expenses for conducting as may be necessary to carry out the essen- bridge projects eligible under title 23, United transportation planning, research, systems tial air service program from any available States Code; public transportation projects development, development activities, and amounts appropriated to or directly adminis- eligible under chapter 53 of title 49, United making grants, to remain available until ex- tered by the Office of the Secretary for such States Code; passenger and freight rail trans- pended, $9,000,000. fiscal year. portation projects; and port infrastructure WORKING CAPITAL FUND ADMINISTRATIVE PROVISIONS—OFFICE OF THE investments: Provided further, That the Sec- For necessary expenses for operating costs SECRETARY OF TRANSPORTATION retary may use up to 35 percent of the funds and capital outlays of the Working Capital SEC. 101. None of the funds made available made available under this heading for the Fund, not to exceed $147,596,000 shall be paid in this Act to the Department of Transpor- purpose of paying the subsidy and adminis- from appropriations made available to the tation may be obligated for the Office of the trative costs of projects eligible for Federal Department of Transportation: Provided, Secretary of Transportation to approve as- credit assistance under chapter 6 of title 23, That such services shall be provided on a sessments or reimbursable agreements per- United States Code, if the Secretary finds competitive basis to entities within the De- taining to funds appropriated to the modal that such use of the funds would advance the partment of Transportation: Provided further, administrations in this Act, except for ac- purposes of this paragraph: Provided further, That the above limitation on operating ex- tivities underway on the date of enactment That in distributing funds provided under penses shall not apply to non-DOT entities: of this Act, unless such assessments or this heading, the Secretary shall take such Provided further, That no funds appropriated agreements have completed the normal re- measures so as to ensure an equitable geo- in this Act to an agency of the Department programming process for Congressional noti- graphic distribution of funds, an appropriate shall be transferred to the Working Capital fication. balance in addressing the needs of urban and Fund without the approval of the agency SEC. 102. None of the funds made available rural areas, and the investment in a variety modal administrator: Provided further, That under this Act may be obligated or expended of transportation modes: Provided further, no assessments may be levied against any to establish or implement a program under That a grant funded under this heading shall program, budget activity, subactivity or which essential air service communities are be not less than $10,000,000 and not greater project funded by this Act unless notice of required to assume subsidy costs commonly than $200,000,000: Provided further, That not such assessments and the basis therefor are referred to as the EAS local participation more than 25 percent of the funds made presented to the House and Senate Commit- program. available under this heading may be awarded tees on Appropriations and are approved by SEC. 103. The Secretary or his designee to projects in a single State: Provided further, such Committees. may engage in activities with States and That the Federal share of the costs for which MINORITY BUSINESS RESOURCE CENTER State legislators to consider proposals re- an expenditure is made under this heading PROGRAM lated to the reduction of motorcycle fatali- shall be, at the option of the recipient, up to ties. 80 percent: Provided further, That the Sec- For the cost of guaranteed loans, $351,000, retary shall give priority to projects that re- as authorized by 49 U.S.C. 332: Provided, That (RESCISSION) such costs, including the cost of modifying quire a contribution of Federal funds in SEC. 104. Of the amounts made available by order to complete an overall financing pack- such loans, shall be as defined in section 502 section 185 of Public Law 109–115, all unobli- age: Provided further, That not less than of the Congressional Budget Act of 1974: Pro- gated balances as of the date of enactment of $120,000,000 of the funds provided under this vided further, That these funds are available this Act are hereby rescinded. to subsidize total loan principal, any part of heading shall be for projects located in rural SEC. 105. Notwithstanding section 3324 of areas: Provided further, That for projects lo- which is to be guaranteed, not to exceed title 31, United States Code, in addition to cated in rural areas, the minimum grant size $18,367,000. In addition, for administrative ex- authority provided by section 327 of title 49, shall be $1,000,000 and the Secretary may in- penses to carry out the guaranteed loan pro- United States Code, the Department’s Work- crease the Federal share of costs above 80 gram, $570,000. ing Capital Fund is hereby authorized to pro- percent: Provided further, That projects con- MINORITY BUSINESS OUTREACH vide payments in advance to vendors that ducted using funds provided under this head- For necessary expenses of Minority Busi- are necessary to carry out the Federal tran- ing must comply with the requirements of ness Resource Center outreach activities, sit pass transportation fringe benefit pro- subchapter IV of chapter 31 of title 40, $3,068,000, to remain available until Sep- gram under Executive Order 13150 and sec- United States Code: Provided further, That tember 30, 2013: Provided, That notwith- tion 3049 of Public Law 109–59: Provided, That the Secretary shall conduct a new competi- standing 49 U.S.C. 332, these funds may be the Department shall include adequate safe- tion to select the grants and credit assist- used for business opportunities related to guards in the contract with the vendors to ance awarded under this heading: Provided any mode of transportation. ensure timely and high-quality performance further, That the Secretary may retain up to PAYMENTS TO AIR CARRIERS under the contract. $25,000,000 of the funds provided under this SEC. 106. The Secretary shall post on the (AIRPORT AND AIRWAY TRUST FUND) heading, and may transfer portions of those Web site of the Department of Transpor- funds to the Administrators of the Federal (INCLUDING TRANSFER OF FUNDS) tation a schedule of all meetings of the Cred- Highway Administration, the Federal Tran- In addition to funds made available from it Council, including the agenda for each sit Administration, the Federal Railroad Ad- any other source to carry out the essential meeting, and require the Credit Council to ministration and the Federal Maritime Ad- air service program under 49 U.S.C. 41731 record the minutes of each meeting.

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FEDERAL AVIATION ADMINISTRATION enter into a grant agreement with a non- lease or grant, $157,000,000, to be derived from OPERATIONS profit standard-setting organization to assist the Airport and Airway Trust Fund and to (AIRPORT AND AIRWAY TRUST FUND) in the development of aviation safety stand- remain available until September 30, 2014: ards: Provided further, That none of the funds Provided, That there may be credited to this (INCLUDING TRANSFER OF FUNDS) in this Act shall be available for new appli- appropriation as offsetting collections, funds For necessary expenses of the Federal cants for the second career training pro- received from States, counties, municipali- Aviation Administration, not otherwise pro- gram: Provided further, That none of the ties, other public authorities, and private vided for, including operations and research funds in this Act shall be available for the sources, which shall be available for ex- activities related to commercial space trans- Federal Aviation Administration to finalize penses incurred for research, engineering, portation, administrative expenses for re- or implement any regulation that would pro- and development. search and development, establishment of mulgate new aviation user fees not specifi- air navigation facilities, the operation (in- GRANTS-IN-AID FOR AIRPORTS cally authorized by law after the date of the cluding leasing) and maintenance of aircraft, (LIQUIDATION OF CONTRACT AUTHORIZATION) enactment of this Act: Provided further, That subsidizing the cost of aeronautical charts (LIMITATION ON OBLIGATIONS) there may be credited to this appropriation and maps sold to the public, lease or pur- as offsetting collections funds received from (AIRPORT AND AIRWAY TRUST FUND) chase of passenger motor vehicles for re- States, counties, municipalities, foreign au- (INCLUDING TRANSFER OF FUNDS) placement only, in addition to amounts thorities, other public authorities, and pri- made available by Public Law 108–176, For liquidation of obligations incurred for $9,635,710,000, of which $5,000,000,000 shall be vate sources for expenses incurred in the pro- grants-in-aid for airport planning and devel- derived from the Airport and Airway Trust vision of agency services, including receipts opment, and noise compatibility planning Fund, of which not to exceed $7,560,815,000 for the maintenance and operation of air and programs as authorized under sub- shall be available for air traffic organization navigation facilities, and for issuance, re- chapter I of chapter 471 and subchapter I of activities; not to exceed $1,253,381,000 shall be newal or modification of certificates, includ- chapter 475 of title 49, United States Code, available for aviation safety activities; not ing airman, aircraft, and repair station cer- and under other law authorizing such obliga- to exceed $15,005,000 shall be available for tificates, or for tests related thereto, or for tions; for procurement, installation, and commercial space transportation activities; processing major repair or alteration forms: commissioning of runway incursion preven- not to exceed $112,459,000 shall be available Provided further, That of the funds appro- tion devices and systems at airports of such for financial services activities; not to ex- priated under this heading, not less than title; for grants authorized under section ceed $98,858,000 shall be available for human $9,500,000 shall be for the contract tower 41743 of title 49, United States Code; and for resources program activities; not to exceed cost-sharing program: Provided further, That inspection activities and administration of $337,944,000 shall be available for region and none of the funds in this Act for aeronautical airport safety programs, including those re- center operations and regional coordination charting and cartography are available for lated to airport operating certificates under activities; not to exceed $207,065,000 shall be activities conducted by, or coordinated section 44706 of title 49, United States Code, available for staff offices; and not to exceed through, the Working Capital Fund. $4,691,000,000 to be derived from the Airport $50,183,000 shall be available for information FACILITIES AND EQUIPMENT and Airway Trust Fund and to remain avail- services: Provided, That not to exceed 2 per- (AIRPORT AND AIRWAY TRUST FUND) able until expended: Provided, That none of the funds under this heading shall be avail- cent of any budget activity, except for avia- For necessary expenses, not otherwise pro- able for the planning or execution of pro- tion safety budget activity, may be trans- vided for, for acquisition, establishment, grams the obligations for which are in excess ferred to any budget activity under this technical support services, improvement by of $3,515,000,000 in fiscal year 2012, notwith- heading: Provided further, That no transfer contract or purchase, and hire of national standing section 47117(g) of title 49, United may increase or decrease any appropriation airspace systems and experimental facilities States Code: Provided further, That none of by more than 2 percent: Provided further, and equipment, as authorized under part A of the funds under this heading shall be avail- That any transfer in excess of 2 percent shall subtitle VII of title 49, United States Code, able for the replacement of baggage con- be treated as a reprogramming of funds including initial acquisition of necessary veyor systems, reconfiguration of terminal under section 405 of this Act and shall not be sites by lease or grant; engineering and serv- baggage areas, or other airport improve- available for obligation or expenditure ex- ice testing, including construction of test fa- ments that are necessary to install bulk ex- cept in compliance with the procedures set cilities and acquisition of necessary sites by plosive detection systems: Provided further, forth in that section: Provided further, That lease or grant; construction and furnishing That notwithstanding any other provision of not later than May 31, 2012, the Adminis- of quarters and related accommodations for law, of funds limited under this heading, not trator shall submit to the House and Senate officers and employees of the Federal Avia- more than $101,000,000 shall be obligated for Committees on Appropriations a comprehen- tion Administration stationed at remote lo- administration, not less than $15,000,000 shall sive report that describes all of the findings calities where such accommodations are not be available for the airport cooperative re- and conclusions reached during the Federal available; and the purchase, lease, or trans- search program, not less than $29,250,000 Aviation Administration’s efforts to develop fer of aircraft from funds available under shall be for Airport Technology Research an objective, data-driven method for placing this heading, including aircraft for aviation and $6,000,000, to remain available until ex- air traffic controllers after the successful regulation and certification; to be derived pended, shall be available and transferred to completion of their training at the Federal from the Airport and Airway Trust Fund, ‘‘Office of the Secretary, Salaries and Ex- Aviation Administration Academy, lists all $2,630,731,000, of which $474,000,000 shall re- penses’’ to carry out the Small Community available options for establishing such meth- main available until September 30, 2012, and Air Service Development Program. od, and discusses the benefits and challenges of which $2,156,731,000 shall remain available of each option: Provided further, That not until September 30, 2014: Provided, That there ADMINISTRATIVE PROVISIONS—FEDERAL later than March 31 of each fiscal year here- may be credited to this appropriation funds AVIATION ADMINISTRATION after, the Administrator of the Federal Avia- received from States, counties, municipali- SEC. 110. None of the funds in this Act may tion Administration shall transmit to Con- ties, other public authorities, and private be used to compensate in excess of 600 tech- gress an annual update to the report sub- sources, for expenses incurred in the estab- nical staff-years under the federally funded mitted to Congress in December 2004 pursu- lishment, improvement, and modernization research and development center contract ant to section 221 of Public Law 108–176: Pro- of national airspace systems: Provided fur- between the Federal Aviation Administra- vided further, That the amount herein appro- ther, That upon initial submission to the tion and the Center for Advanced Aviation priated shall be reduced by $100,000 for each Congress of the fiscal year 2013 President’s Systems Development during fiscal year day after March 31 that such report has not budget, the Secretary of Transportation 2012. been submitted to the Congress: Provided fur- shall transmit to the Congress a comprehen- SEC. 111. None of the funds in this Act shall ther, That not later than March 31 of each sive capital investment plan for the Federal be used to pursue or adopt guidelines or reg- fiscal year hereafter, the Administrator shall Aviation Administration which includes ulations requiring airport sponsors to pro- transmit to Congress a companion report funding for each budget line item for fiscal vide to the Federal Aviation Administration that describes a comprehensive strategy for years 2013 through 2017, with total funding without cost building construction, mainte- staffing, hiring, and training flight standards for each year of the plan constrained to the nance, utilities and expenses, or space in air- and aircraft certification staff in a format funding targets for those years as estimated port sponsor-owned buildings for services re- similar to the one utilized for the controller and approved by the Office of Management lating to air traffic control, air navigation, staffing plan, including stated attrition esti- and Budget. or weather reporting: Provided, That the pro- mates and numerical hiring goals by fiscal hibition of funds in this section does not RESEARCH, ENGINEERING, AND DEVELOPMENT year, and a benchmark for assessing the apply to negotiations between the agency amount of time aviation inspectors spend di- (AIRPORT AND AIRWAY TRUST FUND) and airport sponsors to achieve agreement rectly observing industry field operations: For necessary expenses, not otherwise pro- on ‘‘below-market’’ rates for these items or Provided further, That the amount herein ap- vided for, for research, engineering, and de- to grant assurances that require airport propriated shall be reduced by $100,000 per velopment, as authorized under part A of sponsors to provide land without cost to the day for each day after March 31 that such re- subtitle VII of title 49, United States Code, FAA for air traffic control facilities. port has not been submitted to Congress: including construction of experimental fa- SEC. 112. The Administrator of the Federal Provided further, That funds may be used to cilities and acquisition of necessary sites by Aviation Administration may reimburse

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.038 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6543 amounts made available to satisfy 49 U.S.C. policies established by the Secretary of U.S.C. 308, $41,846,000,000 or so much thereof 41742(a)(1) from fees credited under 49 U.S.C. Transportation. as may be available in and derived from the 45303: Provided, That during fiscal year 2012, (b) RATIFICATION OF ESSENTIAL ACTIONS.— Highway Trust Fund (other than the Mass 49 U.S.C. 41742(b) shall not apply, and any All actions taken by Federal employees, con- Transit Account), to remain available until amount remaining in such account at the tractors, and grantees for the purposes of expended. close of that fiscal year may be made avail- maintaining the essential level of Govern- EMERGENCY RELIEF ment operations, services, and activities to able to satisfy section 41742(a)(1) for the sub- For an additional amount for the Emer- protect life and property and to bring about sequent fiscal year. gency Relief Program as authorized under SEC. 113. Amounts collected under section orderly termination of Government func- section 125 of title 23, United States Code, 40113(e) of title 49, United States Code, shall tions during the lapse in expenditure author- $1,900,000,000, to remain available until ex- be credited to the appropriation current at ity from the Airport and Airway Trust Fund pended, for expenses resulting from a major the time of collection, to be merged with and after 11:59 p.m. on July 22, 2011, through Au- disaster designated pursuant to the Robert available for the same purposes of such ap- gust 5, 2011, are hereby ratified and approved, T. Stafford Disaster Relief and Emergency propriation. if otherwise in accord with the provisions of Assistance Act (42 U.S.C. 5122(2)): Provided, SEC. 114. None of the funds limited by this the Airport and Airway Extension Act of That notwithstanding section 125(d)(1) of Act for grants under the Airport Improve- 2011, part IV (Public Law 112–27). title 23, United States Code, for an event re- ment Program shall be made available to the (c) TRUST FUND CODE.—Paragraph (1) of sulting from a disaster eligible under section sponsor of a commercial service airport if section 9502(d) of the Internal Revenue Code 125 of title 23, United States Code, in a State such sponsor fails to agree to a request from of 1986 (26 U.S.C. 9502(d)(1)) is amended by in- occurring in fiscal years 2011 or 2012, the Sec- the Secretary of Transportation for cost-free serting ‘‘or the Department of Transpor- retary of Transportation may obligate under space in a nonrevenue producing, public use tation Appropriations Act, 2012’’ before the the Emergency Relief Program more than area of the airport terminal or other airport semicolon at the end of subparagraph (A). $100,000,000 for eligible expenses: Provided fur- facilities for the purpose of carrying out a FEDERAL HIGHWAY ADMINISTRATION public service air passenger rights and con- ther, That notwithstanding section 120 of FEDERAL-AID HIGHWAYS sumer outreach campaign. title 23, United States Code, for expenses re- SEC. 115. None of the funds in this Act shall LIMITATION ON ADMINISTRATIVE EXPENSES sulting from a disaster eligible under section be available for paying premium pay under (HIGHWAY TRUST FUND) 125 of title 23, United States Code, occurring in fiscal years 2011 or 2012, the Secretary subsection 5546(a) of title 5, United States (INCLUDING TRANSFER OF FUNDS) Code, to any Federal Aviation Administra- shall extend the time period in 120(e) in con- Not to exceed $415,533,000, together with sideration of any delay in the State’s ability tion employee unless such employee actually advances and reimbursements received by performed work during the time cor- to access damaged facilities to evaluate the Federal Highway Administration, shall damage and estimate the cost of repair: Pro- responding to such premium pay. be paid in accordance with law from appro- SEC. 116. None of the funds in this Act may vided further, That notwithstanding sections priations made available by this Act to the 120(a) and 120(b) of title 23, United States be obligated or expended for an employee of Federal Highway Administration for nec- the Federal Aviation Administration to pur- Code, the Federal share for permanent re- essary expenses for administration and oper- pairs resulting from a disaster eligible under chase a store gift card or gift certificate ation. In addition, not to exceed $3,220,000 through use of a Government-issued credit section 125 of title 23, United States Code, shall be paid from appropriations made occurring in fiscal years 2011 or 2012 may be card. available by this Act and transferred to the SEC. 117. The Secretary shall apportion to up to 100 percent at the Secretary’s discre- Appalachian Regional Commission in accord- the sponsor of an airport that received tion if the eligible expenses incurred by a ance with section 104 of title 23, United scheduled or unscheduled air service from a State due to such a disaster exceeds twice States Code. large certified air carrier (as defined in part the State’s annual apportionment under the 241 of title 14 Code of Federal Regulations, or LIMITATION ON OBLIGATIONS Federal-aid Highway program for the year in such other regulations as may be issued by (HIGHWAY TRUST FUND) which the disaster occurred: Provided further, the Secretary under the authority of section None of the funds in this Act shall be That the amount provided under this head- 41709) an amount equal to the minimum ap- available for the implementation or execu- ing is designated by Congress as being for portionment specified in 49 U.S.C. 47114(c), if tion of programs, the obligations for which disaster relief pursuant to section the Secretary determines that airport had are in excess of $41,107,000,000 for Federal-aid 251(b)(2)(D) of the Balanced Budget and more than 10,000 passenger boardings in the highways and highway safety construction Emergency Deficit Control Act of 1985 (Pub- preceding calendar year, based on data sub- programs for fiscal year 2012: Provided, That lic Law 99–177), as amended. mitted to the Secretary under part 241 of within the $41,107,000,000 obligation limita- RESCISSION title 14, Code of Federal Regulations. tion on Federal-aid highways and highway Of unobligated balances of funds made SEC. 118. None of the funds in this Act may safety construction programs, not more than available for obligation from the general be obligated or expended for retention bo- $429,800,000 shall be available for the imple- fund of the Treasury for programs adminis- nuses for an employee of the Federal Avia- mentation or execution of programs for tered by the Federal Highway Administra- tion Administration without the prior writ- transportation research (chapter 5 of title 23, tion in Public Laws 91–605, 93–87, 93–643, 94– ten approval of the Deputy Assistant Sec- United States Code; sections 111, 5505, and 280, 96–131, 97–424, 98–8, 98–473, 99–190, 100–17, retary for Administration of the Department 5506 of title 49, United States Code; and title 100–202, 100–457, 101–164, 101–516, 102–143, 102– of Transportation. 5 of Public Law 109–59) for fiscal year 2012: 240, 103–122, 103–331, 106–346, 107–87, 108–7 and SEC. 119. Subparagraph (D) of section Provided further, That this limitation on 108–199, excluding any unobligated balance of 47124(b)(3) of title 49, United States Code, is transportation research programs shall not funds provided for the Appalachian Develop- amended by striking ‘‘benefit.’’ and inserting apply to any authority previously made ment Highway System, $73,000,000 are perma- ‘‘benefit, with the maximum allowable local available for obligation: Provided further, nently rescinded. cost share capped at 20 percent.’’. That the Secretary may, as authorized by ADMINISTRATIVE PROVISIONS—FEDERAL SEC. 119A. Notwithstanding any other pro- section 605(b) of title 23, United States Code, HIGHWAY ADMINISTRATION vision of law, none of the funds made avail- collect and spend fees to cover the costs of able under this Act or any prior Act may be services of expert firms, including counsel, SEC. 120. (a) For fiscal year 2012, the Sec- used to implement or to continue to imple- in the field of municipal and project finance retary of Transportation shall— ment any limitation on the ability of any to assist in the underwriting and servicing of (1) not distribute from the obligation limi- owner or operator of a private aircraft to ob- Federal credit instruments and all or a por- tation for Federal-aid highways amounts au- tain, upon a request to the Administrator of tion of the costs to the Federal Government thorized for administrative expenses and pro- the Federal Aviation Administration, a of servicing such credit instruments: Pro- grams by section 104(a) of title 23, United blocking of that owner’s or operator’s air- vided further, That such fees are available States Code; programs funded from the ad- craft registration number from any display until expended to pay for such costs: Pro- ministrative takedown authorized by section of the Federal Aviation Administration’s vided further, That such amounts are in addi- 104(a)(1) of title 23, United States Code (as in Aircraft Situational Display to Industry tion to administrative expenses that are also effect on the date before the date of enact- data that is made available to the public, ex- available for such purpose, and are not sub- ment of the Safe, Accountable, Flexible, Ef- cept data made available to a Government ject to any obligation limitation or the limi- ficient Transportation Equity Act: A Legacy agency, for the noncommercial flights of tation on administrative expenses under sec- for Users); the highway use tax evasion pro- that owner or operator. tion 608 of title 23, United States Code. gram; and the Bureau of Transportation Sta- SEC. 119B. (a) COMPENSATION FOR FEDERAL tistics; LIQUIDATION OF CONTRACT AUTHORIZATION EMPLOYEES.—Any Federal employees fur- (2) not distribute an amount from the obli- loughed as a result of the lapse in expendi- (HIGHWAY TRUST FUND) gation limitation for Federal-aid highways ture authority from the Airport and Airway For carrying out the provisions of title 23, that is equal to the unobligated balance of Trust Fund after 11:59 p.m. on July 22, 2011, United States Code, that are attributable to amounts made available from the Highway through August 5, 2011, may be compensated Federal-aid highways, not otherwise pro- Trust Fund (other than the Mass Transit Ac- for the period of that lapse at their standard vided, including reimbursement for sums ex- count) for Federal-aid highways and highway rates of compensation, as determined under pended pursuant to the provisions of 23 safety programs for previous fiscal years the

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.038 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6544 CONGRESSIONAL RECORD — SENATE October 13, 2011 funds for which are allocated by the Sec- (6) under sections 1103 through 1108 of the (2) be in addition to the amount of any lim- retary; Intermodal Surface Transportation Effi- itation imposed on obligations for Federal- (3) determine the ratio that— ciency Act of 1991; aid highway and highway safety construc- (A) the obligation limitation for Federal- (7) under section 157 of title 23, United tion programs for future fiscal years. aid highways, less the aggregate of amounts States Code, as in effect on the day before (g) LIMITATION ON STATUTORY CONSTRUC- not distributed under paragraphs (1) and (2), the date of the enactment of the Transpor- TION.—Nothing in this section shall be con- bears to tation Equity Act for the 21st Century; strued to limit the distribution of obligation (B) the total of the sums authorized to be (8) under section 105 of title 23, United authority under subsection (a)(4)(A) for each appropriated for Federal-aid highways and States Code, as in effect for fiscal years 1998 of the individual projects numbered greater highway safety construction programs (other through 2004, but only in an amount equal to than 3676 listed in the table contained in sec- than sums authorized to be appropriated for $639,000,000 for each of those fiscal years; tion 1702 of the Safe, Accountable, Flexible, provisions of law described in paragraphs (1) (9) for Federal-aid highway programs for Efficient Transportation Equity Act: A Leg- through (9) of subsection (b) and sums au- which obligation authority was made avail- acy for Users. thorized to be appropriated for section 105 of able under the Transportation Equity Act SEC. 121. Notwithstanding 31 U.S.C. 3302, title 23, United States Code, equal to the for the 21st Century or subsequent public funds received by the Bureau of Transpor- amount referred to in subsection (b)(10) for laws for multiple years or to remain avail- tation Statistics from the sale of data prod- such fiscal year), less the aggregate of the able until used, but only to the extent that ucts, for necessary expenses incurred pursu- amounts not distributed under paragraphs the obligation authority has not lapsed or ant to 49 U.S.C. 111 may be credited to the (1) and (2) of this subsection; been used; Federal-aid Highways account for the pur- (4)(A) distribute the obligation limitation (10) under section 105 of title 23, United pose of reimbursing the Bureau for such ex- for Federal-aid highways, less the aggregate States Code, but only in an amount equal to penses: Provided, That such funds shall be amounts not distributed under paragraphs $639,000,000 for each of fiscal years 2005 subject to the obligation limitation for Fed- (1) and (2), for sections 1301, 1302, and 1934 of through 2010; and eral-aid Highways and highway safety con- the Safe, Accountable, Flexible, Efficient (11) under section 1603 of the Safe, Ac- struction programs. SEC. 122. Not less than 15 days prior to Transportation Equity Act: A Legacy for countable, Flexible, Efficient Transportation waiving, under his statutory authority, any Users; sections 117 and section 144(g) of title Equity Act: A Legacy for Users, to the ex- Buy America requirement for Federal-aid 23, United States Code; and section 14501 of tent that funds obligated in accordance with highway projects, the Secretary of Transpor- title 40, United States Code, so that the that section were not subject to a limitation tation shall make an informal public notice amount of obligation authority available for on obligations at the time at which the funds and comment opportunity on the intent to each of such sections is equal to the amount were initially made available for obligation. issue such waiver and the reasons therefor: (c) REDISTRIBUTION OF UNUSED OBLIGATION determined by multiplying the ratio deter- Provided, That the Secretary shall provide an AUTHORITY.—Notwithstanding subsection (a), mined under paragraph (3) by the sums au- annual report to the House and Senate Com- the Secretary shall, after August 1 of such thorized to be appropriated for that section mittees on Appropriations on any waivers fiscal year, revise a distribution of the obli- for the fiscal year; and granted under the Buy America require- gation limitation made available under sub- (B) distribute $2,000,000,000 for section 105 ments. section (a) if the amount distributed cannot of title 23, United States Code; SEC. 123. (a) IN GENERAL.—Except as pro- (5) distribute the obligation limitation pro- be obligated during that fiscal year, and re- vided in subsection (b), none of the funds vided for Federal-aid highways, less the ag- distribute sufficient amounts to those States made available, limited, or otherwise af- gregate amounts not distributed under para- able to obligate amounts in addition to those fected by this Act shall be used to approve or graphs (1) and (2) and amounts distributed previously distributed during that fiscal otherwise authorize the imposition of any under paragraph (4), for each of the programs year, giving priority to those States having toll on any segment of highway located on that are allocated by the Secretary under large unobligated balances of funds appor- the Federal-aid system in the State of Texas the Safe, Accountable, Flexible, Efficient tioned under sections 104 and 144 of title 23, that— Transportation Equity Act: A Legacy for United States Code. (1) as of the date of enactment of this Act, (d) APPLICABILITY OF OBLIGATION LIMITA- Users and title 23, United States Code (other is not tolled; TIONS TO TRANSPORTATION RESEARCH PRO- than to programs to which paragraphs (1) (2) is constructed with Federal assistance GRAMS.—The obligation limitation shall and (4) apply), by multiplying the ratio de- provided under title 23, United States Code; termined under paragraph (3) by the apply to transportation research programs carried out under chapter 5 of title 23, United and amounts authorized to be appropriated for (3) is in actual operation as of the date of each such program for such fiscal year; and States Code, and title V (research title) of the Safe, Accountable, Flexible, Efficient enactment of this Act. (6) distribute the obligation limitation pro- Transportation Equity Act: A Legacy for (b) EXCEPTIONS.— vided for Federal-aid highways, less the ag- Users, except that obligation authority made (1) NUMBER OF TOLL LANES.—Subsection (a) gregate amounts not distributed under para- available for such programs under such limi- shall not apply to any segment of highway graphs (1) and (2) and amounts distributed tation shall remain available for a period of on the Federal-aid system described in that under paragraphs (4) and (5), for Federal-aid 3 fiscal years and shall be in addition to the subsection that, as of the date on which a highways and highway safety construction amount of any limitation imposed on obliga- toll is imposed on the segment, will have the programs (other than the amounts appor- tions for Federal-aid highway and highway same number of nontoll lanes as were in ex- tioned for the equity bonus program, but safety construction programs for future fis- istence prior to that date. only to the extent that the amounts appor- cal years. (2) HIGH-OCCUPANCY VEHICLE LANES.—A tioned for the equity bonus program for the (e) REDISTRIBUTION OF CERTAIN AUTHORIZED high-occupancy vehicle lane that is con- fiscal year are greater than $2,639,000,000, and FUNDS.— verted to a toll lane shall not be subject to the Appalachian development highway sys- (1) IN GENERAL.—Not later than 30 days this section, and shall not be considered to tem program) that are apportioned by the after the date of the distribution of obliga- be a nontoll lane for purposes of determining Secretary under the Safe, Accountable, tion limitation under subsection (a), the Sec- whether a highway will have fewer nontoll Flexible, Efficient Transportation Equity retary shall distribute to the States any lanes than prior to the date of imposition of Act: A Legacy for Users and title 23, United funds that— the toll, if— States Code, in the ratio that— (A) are authorized to be appropriated for (A) high-occupancy vehicles occupied by (A) amounts authorized to be appropriated such fiscal year for Federal-aid highways the number of passengers specified by the en- for such programs that are apportioned to programs; and tity operating the toll lane may use the toll each State for such fiscal year, bear to (B) the Secretary determines will not be lane without paying a toll, unless otherwise (B) the total of the amounts authorized to allocated to the States, and will not be avail- specified by the appropriate county, town, be appropriated for such programs that are able for obligation, in such fiscal year due to municipal or other local government entity, apportioned to all States for such fiscal year. the imposition of any obligation limitation or public toll road or transit authority; or (b) EXCEPTIONS FROM OBLIGATION LIMITA- for such fiscal year. (B) each high-occupancy vehicle lane that TION.—The obligation limitation for Federal- (2) RATIO.—Funds shall be distributed was converted to a toll lane was constructed aid highways shall not apply to obligations: under paragraph (1) in the same ratio as the as a temporary lane to be replaced by a toll (1) under section 125 of title 23, United distribution of obligation authority under lane under a plan approved by the appro- States Code; subsection (a)(6). priate county, town, municipal or other local (2) under section 147 of the Surface Trans- (3) AVAILABILITY.—Funds distributed under government entity, or public toll road or portation Assistance Act of 1978; paragraph (1) shall be available for any pur- transit authority. (3) under section 9 of the Federal-Aid High- poses described in section 133(b) of title 23, SEC. 124. Of the funds made available in fis- way Act of 1981; United States Code. cal year 2012 for the Surface Transportation (4) under subsections (b) and (j) of section (f) SPECIAL LIMITATION CHARACTERISTICS.— Research, Development, and Deployment 131 of the Surface Transportation Assistance Obligation limitation distributed for a fiscal Program, the Secretary of Transportation Act of 1982; year under subsection (a)(4) for the provision shall transfer $5,000,000 to the Bureau of (5) under subsections (b) and (c) of section specified in subsection (a)(4) shall— Transportation Statistics to carry out sec- 149 of the Surface Transportation and Uni- (1) remain available until used for obliga- tion 111 of title 49, United States Code: Pro- form Relocation Assistance Act of 1987; tion of funds for that provision; and vided, That an equivalent amount of fiscal

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.038 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6545 year 2012 obligation limitation associated derived from the Highway Trust Fund (other expanded deployment activities under the with the funds to be transferred shall also be than the Mass Transit Account), together Commercial Vehicle Information Systems transferred. with advances and reimbursements received and Networks program pursuant to sections SEC. 125. Section 109 of title 23, United by the Federal Motor Carrier Safety Admin- 4101(c)(4) and 4126 of Public Law 109–59 that States Code, is amended by adding at the istration, the sum of which shall remain did not meet award eligibility requirements end— available until expended: Provided, That set forth in section 4126; received grant ‘‘(r) GUARDRAILS.—The Secretary shall not none of the funds derived from the Highway amounts in excess of the maximum amounts approve any project that includes beam rail Trust Fund in this Act shall be available for specified in sections 4126(c)(2) or 4126(d)(3); or elements and terminal sections that are not the implementation, execution or adminis- were awarded grants either prior to or after galvanized in accordance with AASHTO M– tration of programs, the obligations for the expiration of the period of performance 180, Class A, Type II, except that the rail which are in excess of $250,023,000, for ‘‘Motor specified in a grant agreement need not shall be galvanized after fabrication to in- Carrier Safety Operations and Programs’’ of repay such funds. clude forming, cutting, shearing, punching, which $8,543,000, to remain available for obli- SEC. 132. (a) No recipient of funds made drilling, bending, welding, and riveting.’’. gation until September 30, 2014, is for the re- available in this Act shall disseminate per- SEC. 126. Section 127(a)(11) of title 23, search and technology program and $1,000,000 sonal information (as defined in 18 U.S.C. United States Code, is amended to read as shall be available for commercial motor ve- 2725(3)) obtained by a State department of follows: hicle operator’s grants to carry out section motor vehicles in connection with a motor ‘‘(11)(A) With respect to all portions of the 4134 of Public Law 109–59: Provided further, vehicle record as defined in 18 U.S.C. 2725(1), Interstate Highway System in the State of That notwithstanding any other provision of except as provided in 18 U.S.C. 2721 for a use Maine, laws (including regulations) of that law, none of the funds under this heading for permitted under 18 U.S.C. 2721. State concerning vehicle weight limitations outreach and education shall be available for (b) Notwithstanding subsection (a), the applicable to other State highways shall be transfer: Provided further, That the Federal Secretary shall not withhold funds provided applicable in lieu of the requirements under Motor Carrier Safety Administration shall in this Act for any grantee if a State is in this subsection. transmit to Congress a report on March 30, noncompliance with this provision. ‘‘(B) With respect to all portions of the 2012, and September 30, 2012, on the agency’s NATIONAL HIGHWAY TRAFFIC SAFETY Interstate Highway System in the State of ability to meet its requirement to conduct ADMINISTRATION Vermont, laws (including regulations) of compliance reviews on high-risk carriers. OPERATIONS AND RESEARCH that State concerning vehicle weight limita- MOTOR CARRIER SAFETY GRANTS tions applicable to other State highways For expenses necessary to discharge the (LIQUIDATION OF CONTRACT AUTHORIZATION) shall be applicable in lieu of the require- functions of the Secretary, with respect to (LIMITATION ON OBLIGATIONS) ments under this subsection.’’. traffic and highway safety under subtitle C SEC. 127. Section 112 of the Surface and Air (HIGHWAY TRUST FUND) of title X of Public Law 109–59 and chapter Transportation Programs Extension Act of (INCLUDING RESCISSION) 301 and part C of subtitle VI of title 49, 2011 is amended by striking ‘‘$196,427,625’’ and For payment of obligations incurred in United States Code, $140,146,000, of which inserting ‘‘an amount equal to one-half the carrying out sections 31102, 31104(a), 31106, $20,000,000 shall remain available through sum authorized for such purpose for fiscal 31107, 31109, 31309, 31313 of title 49, United September 30, 2013. year 2011 by section 412(a)(2) of the Surface States Code, and sections 4126 and 4128 of OPERATIONS AND RESEARCH Transportation Extension Act of 2010’’. Public Law 109–59, $307,000,000, to be derived (LIQUIDATION OF CONTRACT AUTHORIZATION) SEC. 128. Any road, highway, or bridge that from the Highway Trust Fund (other than (LIMITATION ON OBLIGATIONS) is in operation for less than 30 years or under the Mass Transit Account) and to remain construction, damaged by an emergency de- available until expended: Provided, That (HIGHWAY TRUST FUND) clared by the Governor of the State and con- none of the funds in this Act shall be avail- For payment of obligations incurred in curred in by the Secretary, or declared by able for the implementation or execution of carrying out the provisions of 23 U.S.C. 403, the President pursuant to the Robert T. programs, the obligations for which are in and chapter 303 of title 49, United States Stafford Disaster Relief and Emergency As- excess of $307,000,000, for ‘‘Motor Carrier Code, $109,500,000, to be derived from the sistance Act (42 U.S.C. 5121), may be recon- Safety Grants’’; of which $212,000,000 shall be Highway Trust Fund (other than the Mass structed in the same location with the same available for the motor carrier safety assist- Transit Account) and to remain available capacity, dimensions, and design as before ance program to carry out sections 31102 and until expended: Provided, That none of the the emergency and shall be exempt from any 31104(a) of title 49, United States Code; funds in this Act shall be available for the environmental reviews, approvals, licensing, $30,000,000 shall be available for the commer- planning or execution of programs the total and permit requirements under— cial driver’s license improvements program obligations for which, in fiscal year 2012, are (1) the National Environmental Policy Act to carry out section 31313 of title 49, United in excess of $109,500,000 for programs author- of 1969 (42 U.S.C. 4321 et seq.); States Code; $32,000,000 shall be available for ized under 23 U.S.C. 403 and chapter 303 of (2) sections 402 and 404 of the Federal the border enforcement grants program to title 49, United States Code: Provided further, Water Pollution Control Act (33 U.S.C. 1342, carry out section 31107 of title 49, United That within the $109,500,000 obligation limi- 1344); States Code; $5,000,000 shall be available for tation for operations and research, $20,000,000 (3) the National Historic Preservation Act the performance and registration informa- shall remain available until September 30, (16 U.S.C. 470 et seq.); tion system management program to carry 2013 and shall be in addition to the amount (4) the Migratory Bird Treaty Act (16 out sections 31106(b) and 31109 of title 49, of any limitation imposed on obligations for U.S.C. 703 et seq.); United States Code; $25,000,000 shall be avail- future years. (5) the Wild and Scenic Rivers Act (16 able for the commercial vehicle information HIGHWAY TRAFFIC SAFETY GRANTS U.S.C. 1271 et seq.); systems and networks deployment program (LIQUIDATION OF CONTRACT AUTHORIZATION) (6) the Fish and Wildlife Coordination Act to carry out section 4126 of Public Law 109– (16 U.S.C. 661 et seq.); 59; and $3,000,000 shall be available for the (LIMITATION ON OBLIGATIONS) (7) the Endangered Species Act of 1973 (16 safety data improvement program to carry (HIGHWAY TRUST FUND) U.S.C. 1531 et seq.), except when the recon- out section 4128 of Public Law 109–59: Pro- For payment of obligations incurred in struction occurs in designated critical habi- vided further, That of the funds made avail- carrying out the provisions of 23 U.S.C. 402, tat for threatened and endangered species; able for the motor carrier safety assistance 405, 406, 408, and 410 and sections 2001(a)(11), (8) Executive Order 11990 (42 U.S.C. 4321 program, $32,000,000 shall be available for au- 2009, 2010, and 2011 of Public Law 109–59, to note; relating to the protection of wetlands); dits of new entrant motor carriers: Provided remain available until expended, $550,328,000 and further, That of the prior year unobligated to be derived from the Highway Trust Fund (9) any Federal law (including regulations) balances for the commercial vehicle informa- (other than the Mass Transit Account): Pro- requiring no net loss of wetlands. tion systems and networks deployment pro- vided, That none of the funds in this Act FEDERAL MOTOR CARRIER SAFETY gram, $1,000,000 is permanently rescinded. shall be available for the planning or execu- ADMINISTRATION ADMINISTRATIVE PROVISION—FEDERAL MOTOR tion of programs the total obligations for MOTOR CARRIER SAFETY OPERATIONS AND CARRIER SAFETY ADMINISTRATION which, in fiscal year 2012, are in excess of PROGRAMS SEC. 130. Funds appropriated or limited in $550,328,000 for programs authorized under 23 (LIQUIDATION OF CONTRACT AUTHORIZATION) this Act shall be subject to the terms and U.S.C. 402, 405, 406, 408, and 410 and sections conditions stipulated in section 350 of Public 2001(a)(11), 2009, 2010, and 2011 of Public Law (LIMITATION ON OBLIGATIONS) Law 107–87 and section 6901 of Public Law 109–59, of which $235,000,000 shall be for (HIGHWAY TRUST FUND) 110–28, including that the Secretary submit a ‘‘Highway Safety Programs’’ under 23 U.S.C. For payment of obligations incurred in the report to the House and Senate Appropria- 402; $25,000,000 shall be for ‘‘Occupant Protec- implementation, execution and administra- tions Committees annually on the safety and tion Incentive Grants’’ under 23 U.S.C. 405; tion of motor carrier safety operations and security of transportation into the United $48,500,000 shall be for ‘‘Safety Belt Perform- programs pursuant to section 31104(i) of title States by Mexico-domiciled motor carriers. ance Grants’’ under 23 U.S.C. 406, and such 49, United States Code, and sections 4127 and SEC. 131. Notwithstanding any other provi- obligation limitation shall remain available 4134 of Public Law 109–59, $250,023,000, to be sion of law, States receiving funds for core or until September 30, 2013 in accordance with

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subsection (f) of such section 406 and shall be RAILROAD REHABILITATION AND IMPROVEMENT appropriate entities: Provided further, That in addition to the amount of any limitation FINANCING PROGRAM none of the funds under this heading may be imposed on obligations for such grants for The Secretary of Transportation is author- obligated or expended until the Corporation future fiscal years, of which up to $10,000,000 ized to issue to the Secretary of the Treas- agrees to continue abiding by the provisions may be made available by the Secretary as ury notes or other obligations pursuant to of paragraphs 1, 2, 5, 9, and 11 of the sum- grants to States that enact and enforce laws section 512 of the Railroad Revitalization mary of conditions for the direct loan agree- to prevent distracted driving; $34,500,000 and Regulatory Reform Act of 1976 (Public ment of June 28, 2002, in the same manner as shall be for ‘‘State Traffic Safety Informa- Law 94–210), as amended, in such amounts in effect on the date of enactment of this tion System Improvements’’ under 23 U.S.C. and at such times as may be necessary to Act: Provided further, That the Corporation 408; $139,000,000 shall be for ‘‘Alcohol-Im- pay any amounts required pursuant to the shall submit to the House and Senate Com- paired Driving Countermeasures Incentive guarantee of the principal amount of obliga- mittees on Appropriations a budget request Grant Program’’ under 23 U.S.C. 410; tions under sections 511 through 513 of such for fiscal year 2013 in similar format and sub- $25,328,000 shall be for ‘‘Administrative Ex- Act, such authority to exist as long as any stance to those submitted by executive agen- penses’’ under section 2001(a)(11) of Public such guaranteed obligation is outstanding: cies of the Federal Government. Law 109–59; $29,000,000 shall be for ‘‘High Visi- Provided, That pursuant to section 502 of CAPITAL AND DEBT SERVICE GRANTS TO THE bility Enforcement Program’’ under section such Act, as amended, no new direct loans or NATIONAL RAILROAD PASSENGER CORPORATION 2009 of Public Law 109–59; $7,000,000 shall be loan guarantee commitments shall be made To enable the Secretary of Transportation for ‘‘Motorcyclist Safety’’ under section 2010 using Federal funds for the credit risk pre- to make grants to the National Railroad of Public Law 109–59; and $7,000,000 shall be mium during fiscal year 2012. for ‘‘Child Safety and Child Booster Seat Passenger Corporation for capital invest- Safety Incentive Grants’’ under section 2011 OPERATING SUBSIDY GRANTS TO THE NATIONAL ments as authorized by section 101(c) and of Public Law 109–59: Provided further, That RAILROAD PASSENGER CORPORATION 219(b) of the Passenger Rail Investment and of the funds made available for grants to To enable the Secretary of Transportation Improvement Act of 2008 (division B of Pub- States that enact and enforce laws to pre- to make quarterly grants to the National lic Law 110–432), $936,778,000, to remain avail- vent distracted driving, up to $5,000,000 may Railroad Passenger Corporation for the oper- able until expended, of which not to exceed be available for the development, produc- ation of intercity passenger rail, as author- $271,000,000 shall be for debt service obliga- tion, and use of broadcast and print media ized by section 101 of the Passenger Rail In- tions as authorized by section 102 of such advertising for distracted driving preven- vestment and Improvement Act of 2008 (divi- Act: Provided, That after an initial distribu- tion: Provided further, That none of these sion B of Public Law 110–432), $544,000,000, to tion of up to $200,000,000, which shall be used funds shall be used for construction, reha- remain available until expended: Provided, by the Corporation as a working capital ac- bilitation, or remodeling costs, or for office That the amounts available under this para- count, all remaining funds shall be provided furnishings and fixtures for State, local or graph shall be available for the Secretary to to the Corporation only on a reimbursable private buildings or structures: Provided fur- approve funding to cover operating losses for basis: Provided further, That the Secretary ther, That not to exceed $500,000 of the funds the Corporation only after receiving and re- may retain up to one-fourth of 1 percent of made available for section 410 ‘‘Alcohol-Im- viewing a grant request for each specific the funds provided under this heading to paired Driving Countermeasures Grants’’ train route: Provided further, That each such fund the costs of project management over- shall be available for technical assistance to grant request shall be accompanied by a de- sight of capital projects funded by grants the States: Provided further, That not to ex- tailed financial analysis, revenue projection, provided under this heading, as authorized ceed $750,000 of the funds made available for and capital expenditure projection justifying by subsection 101(d) of division B of Public the ‘‘High Visibility Enforcement Program’’ the Federal support to the Secretary’s satis- Law 110–432: Provided further, That the Sec- shall be available for the evaluation required faction: Provided further, That not later than retary shall approve funding for capital ex- under section 2009(f) of Public Law 109–59: 60 days after enactment of this Act, the Cor- penditures, including advance purchase or- Provided further, That of the amounts made poration shall transmit, in electronic for- ders of materials, for the Corporation only available under this heading for ‘‘Safety Belt mat, to the Secretary, the House and Senate after receiving and reviewing a grant request Performance Grants’’, $25,000,000 shall be Committees on Appropriations, the House for each specific capital project justifying available until expended for the moderniza- Committee on Transportation and Infra- the Federal support to the Secretary’s satis- tion of the National Automotive Sampling structure and the Senate Committee on faction: Provided further, That none of the System (NASS), and $5,000,000 shall be avail- Commerce, Science, and Transportation the funds under this heading may be used to sub- able for the development of the Driver Alco- annual budget and business plan and the 5- sidize operating losses of the Corporation: hol Detection System for Safety (DADSS), Year Financial Plan for fiscal year 2012 re- Provided further, That none of the funds and $8,500,000 shall be available for ‘‘State quired under section 204 of the Passenger under this heading may be used for capital Traffic Safety Information System Improve- Rail Investment and Improvement Act of projects not approved by the Secretary of ments’’ under 23 U.S.C. 408. 2008: Provided further, That the budget, busi- Transportation or on the Corporation’s fiscal ADMINISTRATIVE PROVISIONS—NATIONAL ness plan, and the 5-Year Financial Plan year 2012 business plan. HIGHWAY TRAFFIC SAFETY ADMINISTRATION shall also include a separate accounting of CAPITAL ASSISTANCE FOR HIGH SPEED RAIL SEC. 140. Notwithstanding any other provi- ridership, revenues, and capital and oper- CORRIDORS AND INTERCITY PASSENGER RAIL sion of law or limitation on the use of funds ating expenses for the Northeast Corridor; SERVICE made available under section 403 of title 23, commuter service; long-distance Amtrak To enable the Secretary of Transportation United States Code, an additional $130,000 service; State-supported service; each inter- to make grants for high-speed rail projects shall be made available to the National city train route, including Autotrain; and as authorized under section 26106 of title 49, Highway Traffic Safety Administration, out commercial activities including contract op- United States Code, capital investment of the amount limited for section 402 of title erations: Provided further, That the budget, grants to support intercity passenger rail 23, United States Code, to pay for travel and business plan and the 5-Year Financial Plan service as authorized under section 24406 of related expenses for State management re- shall include a description of work to be title 49, United States Code, and congestion views and to pay for core competency devel- funded, along with cost estimates and an es- grants as authorized under section 24105 of opment training and related expenses for timated timetable for completion of the title 49, United States Code, and to enter highway safety staff. projects covered by these plans: Provided fur- into cooperative agreements for these pur- SEC. 141. The limitations on obligations for ther, That the budget, business plan and the poses as authorized, $100,000,000, to remain the programs of the National Highway Traf- 5-Year Financial Plan shall include annual available until expended: Provided, That the fic Safety Administration set in this Act information on the maintenance, refurbish- Administrator of the Federal Railroad Ad- shall not apply to obligations for which obli- ment, replacement, and expansion for all ministration may retain up to 2 percent of gation authority was made available in pre- Amtrak rolling stock consistent with the the funds provided under this heading to vious public laws for multiple years but only comprehensive fleet plan: Provided further, fund the award and oversight by the Admin- to the extent that the obligation authority has not lapsed or been used. That the Corporation shall provide semi- istrator of grants and cooperative agree- SEC. 142. None of the funds in this Act shall annual reports in electronic format regard- ments for intercity and high-speed rail: Pro- be used to implement section 404 of title 23, ing the pending business plan, which shall vided further, That funds provided under this United States Code. describe the work completed to date, any paragraph are available to the Administrator changes to the business plan, and the reasons for the purposes of conducting research and FEDERAL RAILROAD ADMINISTRATION for such changes, and shall identify all sole- demonstrating technologies supporting the SAFETY AND OPERATIONS source contract awards which shall be ac- development of high-speed rail in the United For necessary expenses of the Federal Rail- companied by a justification as to why said States, including the demonstration of next- road Administration, not otherwise provided contract was awarded on a sole-source basis: generation rolling stock fleet technology for, $176,596,000, of which $12,300,000 shall re- Provided further, That the Corporation’s and the implementation of the Rail Coopera- main available until expended. budget, business plan, 5-Year Financial Plan, tive Research Program authorized by section RAILROAD RESEARCH AND DEVELOPMENT semiannual reports, and all subsequent sup- 24910 of title 49, United States Code: Provided For necessary expenses for railroad re- plemental plans shall be displayed on the further, That funds provided under this para- search and development, $30,000,000, to re- Corporation’s Web site within a reasonable graph may be used for planning activities main available until expended. timeframe following their submission to the that lead directly to the development of a

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passenger rail corridor investment plan con- FORMULA AND BUS GRANTS ADMINISTRATIVE PROVISIONS—FEDERAL sistent with the requirements established by (LIQUIDATION OF CONTRACT AUTHORITY) TRANSIT ADMINISTRATION the Administrator or a State rail plan con- (LIMITATION ON OBLIGATIONS) SEC. 160. The limitations on obligations for sistent with chapter 227 of title 49, United (HIGHWAY TRUST FUND) the programs of the Federal Transit Admin- States Code: Provided further, That funds istration shall not apply to any authority For payment of obligations incurred in made available for planning activities under under 49 U.S.C. 5338, previously made avail- carrying out the provisions of 49 U.S.C. 5305, the previous proviso may be used to facili- able for obligation, or to any other authority 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, tate the preparation of a service develop- previously made available for obligation. 5339, and 5340 and section 3038 of Public Law ment plan and related environmental impact SEC. 161. Notwithstanding any other provi- statement for high-speed corridors located in 105–178, as amended, $9,400,000,000 to be de- sion of law, funds appropriated or limited by multiple States: Provided further, That the rived from the Mass Transit Account of the this Act under the Federal Transit Adminis- Federal share payable of the costs for which Highway Trust Fund and to remain available tration’s discretionary program appropria- a grant or cooperative agreements is made until expended: Provided, That funds avail- tions headings for projects specified in this under this heading shall not exceed 80 per- able for the implementation or execution of Act or identified in reports accompanying cent: Provided further, That in addition to programs authorized under 49 U.S.C. 5305, this Act not obligated by September 30, 2014, the provisions of title 49, United States Code, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, and other recoveries, shall be directed to that apply to each of the individual pro- 5339, and 5340 and section 3038 of Public Law projects eligible to use the funds for the pur- grams funded under this heading, sub- 105–178, as amended, shall not exceed total poses for which they were originally pro- sections 24402(a)(2), 24402(f), 24402(i), and obligations of $8,360,565,000 in fiscal year vided. 24403(a) and (c) of title 49, United States 2012. SEC. 162. Notwithstanding any other provi- Code, shall also apply to the provision of RESEARCH AND UNIVERSITY RESEARCH CENTERS sion of law, any funds appropriated before funds provided under this heading: Provided For necessary expenses to carry out 49 October 1, 2011, under any section of chapter further, That a project need not be in a State U.S.C. 5306, 5312–5315, 5322, and 5506, 53 of title 49, United States Code, that re- rail plan developed under chapter 227 of title $40,000,000, to remain available until ex- main available for expenditure, may be 49, United States Code, to be eligible for as- pended: Provided, That $9,000,000 is available transferred to and administered under the sistance under this heading: Provided further, to carry out the transit cooperative research most recent appropriation heading for any That recipients of grants under this para- program under section 5313 of title 49, United such section. graph shall conduct all procurement trans- States Code, $4,100,000 is available for the SEC. 163. Notwithstanding any other provi- actions using such grant funds in a manner National Transit Institute under section 5315 sion of law, unobligated funds made avail- that provides full and open competition, as of title 49, United States Code, and $6,500,000 able for new fixed guideway system projects determined by the Secretary, in compliance is available for university transportation under the heading ‘‘Federal Transit Adminis- with existing labor agreements. centers program under section 5506 of title tration, Capital Investment Grants’’ in any appropriations Act prior to this Act may be ADMINISTRATIVE PROVISIONS—FEDERAL 49, United States Code: Provided further, That used during this fiscal year to satisfy ex- RAILROAD ADMINISTRATION $25,400,000 is available to carry out national research programs under sections 5312, 5313, penses incurred for such projects. SEC. 150. Hereafter, notwithstanding any 5314, and 5322 of title 49, United States Code. SEC. 164. In addition to the amounts made other provision of law, funds provided in this available under section 5327(c)(1) of title 49, CAPITAL INVESTMENT GRANTS Act for the National Railroad Passenger Cor- United States Code, the Secretary may use, poration shall immediately cease to be avail- (INCLUDING RESCISSION AND TRANSFER OF for program management activities de- able to said Corporation in the event that FUNDS) scribed in section 5327(c)(2), 1 percent of the the Corporation contracts to have services For necessary expenses to carry out sec- amount made available to carry out section provided at or from any location outside the tion 5309 of title 49, United States Code, 5316 of title 49, United States Code: Provided, United States. For purposes of this section, $1,955,000,000, to remain available until ex- That funds made available for program man- the word ‘‘services’’ shall mean any service pended, of which $38,000,000 shall be available agement oversight shall be used to oversee that was, as of July 1, 2006, performed by a to carry out section 5309(e) of such title: Pro- the compliance of a recipient or subrecipient full-time or part-time Amtrak employee vided, That not less than $510,000,000 shall be of Federal transit assistance consistent with whose base of employment is located within available for preliminary engineering, final activities identified under section 5327(c)(2) the United States. design, and construction of projects expected and for purposes of enforcement. SEC. 151. The Secretary of Transportation to receive a Full Funding Grant Agreements SEC. 165. (a) Notwithstanding any other may receive and expend cash, or receive and during calendar year 2012: Provided further, provision of law, unobligated funds or recov- utilize spare parts and similar items, from That the funds awarded for preliminary engi- eries under section 5309 of title 49, United non-United States Government sources to re- neering and final design under such a grant States Code, that are available to the Sec- pair damages to or replace United States shall be made available to cover those costs retary of Transportation for reallocation Government owned automated track inspec- immediately upon grant award: Provided fur- shall be directed to projects eligible to use tion cars and equipment as a result of third- ther, That of the funds appropriated under the funds for the purposes for which they party liability for such damages, and any this heading in Public Law 111–8, $27,000,000 were originally provided. amounts collected under this section shall be are hereby rescinded. SEC. 166. Funds made available for Alaska credited directly to the Railroad Safety and GRANTS FOR ENERGY EFFICIENCY AND or Hawaii ferry boats or ferry terminal fa- Operations account of the Federal Railroad GREENHOUSE GAS REDUCTIONS cilities pursuant to 49 U.S.C. 5309(m)(6)(B) Administration, and shall remain available For grants to public transit agencies for may be used to construct new vessels and fa- until expended for the repair, operation and capital investments that will reduce the en- cilities, or to improve existing vessels and maintenance of automated track inspection ergy consumption or greenhouse gas emis- facilities, including both the passenger and cars and equipment in connection with the sions of their public transportation systems, vehicle-related elements of such vessels and automated track inspection program. $25,000,000, to remain available through Sep- facilities, and for repair facilities. SEC. 167. Hereafter, the Secretary may not SEC. 152. Notwithstanding any other provi- tember 30, 2014: Provided, That priority shall enforce regulations related to charter bus sions of law, rule or regulation, the Sec- be given to projects that use innovative and service under part 604 of title 49, Code of Fed- retary of Transportation is authorized to potentially replicable approaches to reduc- eral Regulations, for any transit agency who allow the issuer of any preferred stock here- ing energy consumption or greenhouse gas during fiscal year 2008 was both initially tofore sold to the Department to redeem or emissions. repurchase such stock upon the payment to granted a 60-day period to come into compli- the Department of an amount determined by WASHINGTON METROPOLITAN AREA TRANSIT ance with part 604, and then was subse- the Secretary. AUTHORITY quently granted an exception from said part. For grants to the Washington Metropoli- SEC. 168. Hereafter, for purposes of apply- FEDERAL TRANSIT ADMINISTRATION tan Area Transit Authority as authorized ing the project justification and local finan- ADMINISTRATIVE EXPENSES under section 601 of division B of Public Law cial commitment criteria of 49 U.S.C. 5309(d) For necessary administrative expenses of 110–432, $150,000,000, to remain available until to a New Starts project, the Secretary may the Federal Transit Administration’s pro- expended: Provided, That the Secretary shall consider the costs and ridership of any con- grams authorized by chapter 53 of title 49, approve grants for capital and preventive nected project in an instance in which pri- United States Code, $98,713,000: Provided, maintenance expenditures for the Wash- vate parties are making significant financial That none of the funds provided or limited in ington Metropolitan Area Transit Authority contributions to the construction of the con- this Act may be used to create a permanent only after receiving and reviewing a request nected project; additionally, the Secretary office of transit security under this heading: for each specific project: Provided further, may consider the significant financial con- Provided further, That upon submission to That prior to approving such grants, the Sec- tributions of private parties to the connected the Congress of the fiscal year 2013 Presi- retary shall determine that the Washington project in calculating the non-Federal share dent’s budget, the Secretary of Transpor- Metropolitan Area Transit Authority has of net capital project costs for the New tation shall transmit to Congress the annual placed the highest priority on those invest- Starts project. report on New Starts, including proposed al- ments that will improve the safety of the SEC. 169. Hereafter, all bus new fixed guide- locations of funds for fiscal year 2013. system. way capital projects recommended in the

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President’s fiscal year 2012 budget request SHIP DISPOSAL Pipeline and Hazardous Materials Safety Ad- for funds appropriated under the Capital In- For necessary expenses related to the dis- ministration, $39,020,000, of which $1,716,000 vestment Grants heading in this Act or any posal of obsolete vessels in the National De- shall remain available until September 30, other Act shall be funded instead from fense Reserve Fleet of the Maritime Admin- 2014: Provided, That up to $800,000 in fees col- amounts allocated under 49 U.S.C. istration, $10,000,000, to remain available lected under 49 U.S.C. 5108(g) shall be depos- 5309(m)(2)(C): Provided, That all such projects until expended. ited in the general fund of the Treasury as offsetting receipts: Provided further, That shall remain subject to the appropriate re- ASSISTANCE TO SMALL SHIPYARDS quirements of 49 U.S.C. 5309(d) and (e). there may be credited to this appropriation, To make grants to qualified shipyards as to be available until expended, funds re- SAINT LAWRENCE SEAWAY DEVELOPMENT authorized under section 3508 of Public Law CORPORATION ceived from States, counties, municipalities, 110–417 or section 54101 of title 46, United other public authorities, and private sources The Saint Lawrence Seaway Development States Code, $10,000,000, to remain available for expenses incurred for training, for re- Corporation is hereby authorized to make until expended: Provided, That to be consid- ports publication and dissemination, and for such expenditures, within the limits of funds ered for assistance, a qualified shipyard shall travel incurred in performance of hazardous and borrowing authority available to the submit an application for assistance no later materials exemptions and approvals func- Corporation, and in accord with law, and to than 60 days after enactment of this Act: tions. make such contracts and commitments with- Provided further, That from applications sub- PIPELINE SAFETY out regard to fiscal year limitations as pro- mitted under the previous proviso, the Sec- vided by section 104 of the Government Cor- retary of Transportation shall make grants (PIPELINE SAFETY FUND) poration Control Act, as amended, as may be no later than 120 days after enactment of (OIL SPILL LIABILITY TRUST FUND) necessary in carrying out the programs set this Act in such amounts as the Secretary For expenses necessary to conduct the forth in the Corporation’s budget for the cur- determines. functions of the pipeline safety program, for rent fiscal year. MARITIME GUARANTEED LOAN (TITLE XI) grants-in-aid to carry out a pipeline safety OPERATIONS AND MAINTENANCE PROGRAM ACCOUNT program, as authorized by 49 U.S.C. 60107, (HARBOR MAINTENANCE TRUST FUND) (INCLUDING RESCISSION AND TRANSFER OF and to discharge the pipeline program re- sponsibilities of the Oil Pollution Act of 1990, For necessary expenses for operations, FUNDS) $118,364,000, of which $21,510,000 shall be de- maintenance, and capital asset renewal of For the necessary administrative expenses rived from the Oil Spill Liability Trust Fund those portions of the St. Lawrence Seaway of the maritime guaranteed loan program, and shall remain available until September owned, operated, and maintained by the $4,000,000 shall be paid to the appropriation 30, 2014; of which $93,854,000 shall be derived Saint Lawrence Seaway Development Cor- for ‘‘Operations and Training’’, Maritime Ad- from the Pipeline Safety Fund, of which poration, $34,000,000, to be derived from the ministration: Provided, That of the unobli- $54,265,000 shall remain available until Sep- Harbor Maintenance Trust Fund, pursuant to gated balance of funds made available for ob- tember 30, 2014; of which $3,000,000, to remain Public Law 99–662. ligation under Public Law 110–329 and Public available until expended, shall be derived Law 111–118, $35,000,000 are permanently re- MARITIME ADMINISTRATION from the Pipeline Safety Design Review scinded. MARITIME SECURITY PROGRAM Fund, as established by this Act. ADMINISTRATIVE PROVISIONS—MARITIME For necessary expenses to maintain and EMERGENCY PREPAREDNESS GRANTS ADMINISTRATION preserve a U.S.-flag merchant fleet to serve (EMERGENCY PREPAREDNESS FUND) the national security needs of the United SEC. 170. Notwithstanding any other provi- sion of this Act, the Maritime Administra- For necessary expenses to carry out 49 States, $174,000,000, to remain available until U.S.C. 5128(b), $188,000, to be derived from the expended. tion is authorized to furnish utilities and services and make necessary repairs in con- Emergency Preparedness Fund, to remain OPERATIONS AND TRAINING nection with any lease, contract, or occu- available until September 30, 2013: Provided, (INCLUDING RESCISSION) pancy involving Government property under That not more than $28,318,000 shall be made For necessary expenses of operations and control of the Maritime Administration, and available for obligation in fiscal year 2012 training activities authorized by law, payments received therefor shall be credited from amounts made available by 49 U.S.C. $154,886,000, of which $11,100,000 shall remain to the appropriation charged with the cost 5116(i) and 5128(b)–(c): Provided further, That available until expended for maintenance thereof: Provided, That rental payments none of the funds made available by 49 U.S.C. and repair of training ships at State Mari- under any such lease, contract, or occupancy 5116(i), 5128(b), or 5128(c) shall be made avail- time Academies, and of which $2,400,000 shall for items other than such utilities, services, able for obligation by individuals other than remain available through September 30, 2013 or repairs shall be covered into the Treasury the Secretary of Transportation, or his des- for Student Incentive Program payments at as miscellaneous receipts. ignee: Provided further, That unobligated bal- State Maritime Academies, and of which SEC. 171. Notwithstanding any other provi- ances of funds provided under this paragraph $22,485,000 shall remain available until ex- sion of law, none of the funds provided in not needed for fiscal year 2012 from the sum pended for facilities maintenance and repair, this or any other Act shall hereafter be used made available herein shall remain available equipment, and capital improvements at the to make a determination of the nonavail- until expended to invest in the data manage- United State Merchant Marine Academy: ability of qualified United States flag capac- ment and information technology mod- Provided, That amounts apportioned for the ity for purposes of 46 U.S.C. 501(b) for the ernization efforts, including related equip- United States Merchant Marine Academy transportation of crude oil distributed from ment and non-payroll administrative ex- shall be available only upon allotments the Strategic Petroleum Reserve unless as penses associated solely with this informa- made personally by the Secretary of Trans- part of that determination the Secretary of tion technology and telecommunications in- portation or the Assistant Secretary for Transportation, after consultation with rep- frastructure. Budget and Programs: Provided further, That resentatives from the United States flag ADMINISTRATIVE PROVISION—PIPELINE AND the Superintendent, Deputy Superintendent maritime industry, provides to the Secretary HAZARDOUS MATERIALS SAFETY ADMINISTRA- and the Director of the Office of Resource of Homeland Security a list of United States TION Management of the United State Merchant flag vessels with single or collective capacity COST RECOVERY FOR DESIGN REVIEWS Marine Academy may not be allotment hold- that may be capable of providing the re- SEC. 180. Section 60117(n) of title 49, United ers for the United States Merchant Marine quested transportation services and a writ- States Code, is amended to read as follows: Academy, and the Administrator of the Mar- ten justification for not using such United ‘‘(n) COST RECOVERY FOR DESIGN RE- itime Administration shall hold all allot- States flag vessels. VIEWS.— ments made by the Secretary of Transpor- PIPELINE AND HAZARDOUS MATERIALS SAFETY ‘‘(1) IN GENERAL.—If the Secretary con- tation or the Assistant Secretary for Budget ADMINISTRATION ducts facility design safety reviews in con- and Programs under the previous proviso: OPERATIONAL EXPENSES nection with a proposal to construct, expand, Provided further, That 50 percent of the fund- (PIPELINE SAFETY FUND) or operate a gas or hazardous liquid pipeline ing made available for the United States or liquefied natural gas pipeline facility, in- (INCLUDING TRANSFER OF FUNDS) Merchant Marine Academy under this head- cluding construction inspections and over- ing shall be available only after the Sec- For necessary operational expenses of the sight, the Secretary may require the person retary, in consultation with the Super- Pipeline and Hazardous Materials Safety Ad- or entity proposing the project to pay the intendent and the Maritime Administrator, ministration, $22,158,000, of which $639,000 costs incurred by the Secretary relating to completes a plan detailing by program or ac- shall be derived from the Pipeline Safety such reviews. If the Secretary exercises the tivity how such funding will be expended at Fund: Provided, That $1,000,000 shall be trans- cost recovery authority described in this sec- the Academy, and this plan is submitted to ferred to ‘‘Pipeline Safety’’ in order to fund tion, the Secretary shall prescribe a fee the House and Senate Committees on Appro- ‘‘Pipeline Safety Information Grants to structure and assessment methodology that priations: Provided further, That of the prior Communities’’ as authorized under section is based on the costs of providing these re- year unobligated balances under this heading 60130 of title 49, United States Code. views and shall prescribe procedures to col- for information technology requirements of HAZARDOUS MATERIALS SAFETY lect fees under this section. This authority is Public Law 111–207, $1,000,000 are perma- For expenses necessary to discharge the in addition to the authority provided in sec- nently rescinded. hazardous materials safety functions of the tion 60301 of this title.

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‘‘(2) NOTIFICATION.—For any new pipeline shall be available for services as authorized payments were made, and shall be available construction project in which the Secretary by 5 U.S.C. 3109, but at rates for individuals for the purposes and period for which such will conduct design reviews, the person or not to exceed the per diem rate equivalent to appropriations are available; or entity proposing the project shall notify the the rate for an Executive Level IV. (B) if no such appropriation remains avail- Secretary and provide design specifications, SEC. 192. None of the funds in this Act shall able, shall be deposited in the Treasury as construction plans and procedures, and re- be available for salaries and expenses of miscellaneous receipts: Provided further, lated materials at least 120 days prior to the more than 110 political and Presidential ap- That prior to the transfer of any such recov- commencement of construction. pointees in the Department of Transpor- ery to an appropriations account, the Sec- ‘‘(3) DEPOSIT AND USE.—The Secretary shall tation: Provided, That none of the personnel retary shall notify to the House and Senate deposit funds paid under this subsection into covered by this provision may be assigned on Committees on Appropriations of the the Pipeline Safety Design Review Fund. temporary detail outside the Department of amount and reasons for such transfer: Pro- Funds deposited under this section are au- Transportation. vided further, That for purposes of this sec- SEC. 193. Funds received by the Federal thorized to be appropriated for the purposes tion, the term ‘‘improper payments’’, has the Highway Administration, Federal Transit set forth in this chapter. Fees authorized same meaning as that provided in section Administration, and Federal Railroad Ad- under this section shall be collected and 2(d)(2) of Public Law 107–300. ministration from States, counties, munici- available for obligation only to the extent SEC. 197. Notwithstanding any other provi- palities, other public authorities, and private sion of law, if any funds provided in or lim- and in the amount provided in advance in ap- sources for expenses incurred for training ited by this Act are subject to a reprogram- propriations acts.’’. may be credited respectively to the Federal ming action that requires notice to be pro- RESEARCH AND INNOVATIVE TECHNOLOGY Highway Administration’s ‘‘Federal-Aid vided to the House and Senate Committees ADMINISTRATION Highways’’ account, the Federal Transit Ad- on Appropriations, said reprogramming ac- RESEARCH AND DEVELOPMENT ministration’s ‘‘Research and University Re- tion shall be approved or denied solely by the search Centers’’ account, and to the Federal For necessary expenses of the Research Committees on Appropriations: Provided, Railroad Administration’s ‘‘Safety and Oper- and Innovative Technology Administration, That the Secretary may provide notice to ations’’ account, except for State rail safety $15,981,000, of which $9,007,000 shall remain other congressional committees of the ac- available until September 30, 2014: Provided, inspectors participating in training pursuant to 49 U.S.C. 20105. tion of the Committees on Appropriations on That there may be credited to this appro- such reprogramming but not sooner than 30 priation, to be available until expended, SEC. 194. None of the funds in this Act to the Department of Transportation may be days following the date on which the re- funds received from States, counties, mu- programming action has been approved or nicipalities, other public authorities, and used to make a grant unless the Secretary of Transportation notifies the House and Sen- denied by the House and Senate Committees private sources for expenses incurred for on Appropriations. training. ate Committees on Appropriations not less than 3 full business days before any project SEC. 198. None of the funds appropriated or OFFICE OF INSPECTOR GENERAL competitively selected to receive a discre- otherwise made available under this Act may SALARIES AND EXPENSES tionary grant award, any discretionary grant be used by the Surface Transportation Board For necessary expenses of the Office of In- award, letter of intent, or full funding grant of the Department of Transportation to spector General to carry out the provisions agreement totaling $1,000,000 or more is an- charge or collect any filing fee for rate or of the Inspector General Act of 1978, as nounced by the department or its modal ad- practice complaints filed with the Board in amended, $82,409,000: Provided, That the In- ministrations from: an amount in excess of the amount author- spector General shall have all necessary au- (1) any discretionary grant program of the ized for district court civil suit filing fees thority, in carrying out the duties specified Federal Highway Administration including under section 1914 of title 28, United States in the Inspector General Act, as amended (5 the emergency relief program; Code. U.S.C. App. 3), to investigate allegations of (2) the airport improvement program of the This title may be cited as the Department fraud, including false statements to the gov- Federal Aviation Administration; of Transportation Appropriations Act, 2012. ernment (18 U.S.C. 1001), by any person or en- (3) any program of the Federal Railroad TITLE II tity that is subject to regulation by the De- Administration; DEPARTMENT OF HOUSING AND URBAN partment: Provided further, That the funds (4) any program of the Federal Transit Ad- DEVELOPMENT made available under this heading may be ministration other than the formula grants MANAGEMENT AND ADMINISTRATION used to investigate, pursuant to section 41712 and fixed guideway modernization programs; ADMINISTRATION, OPERATIONS, AND of title 49, United States Code: or MANAGEMENT (1) unfair or deceptive practices and unfair (5) any funding provided under the head- methods of competition by domestic and for- For necessary salaries and expenses for ad- ings ‘‘National Infrastructure Investments’’ ministration, management and operations of eign air carriers and ticket agents; and and ‘‘Assistance to Small Shipyards’’ in this (2) the compliance of domestic and foreign the Department of Housing and Urban Devel- Act: Provided, That the Secretary gives con- opment, $549,499,000, of which not to exceed air carriers with respect to item (1) of this current notification to the House and Senate proviso. $4,610,000 shall be available for the imme- Committees on Appropriations for any diate Office of the Secretary and Deputy SURFACE TRANSPORTATION BOARD ‘‘quick release’’ of funds from the emergency Secretary; not to exceed $1,700,000 shall be SALARIES AND EXPENSES relief program: Provided further, That no no- available for the Office of Hearings and Ap- For necessary expenses of the Surface tification shall involve funds that are not peals; not to exceed $741,000 shall be avail- Transportation Board, including services au- available for obligation. able for the Office of Small and Disadvan- SEC. 195. Rebates, refunds, incentive pay- thorized by 5 U.S.C. 3109, $29,310,000: Provided, taged Business Utilization; not to exceed ments, minor fees and other funds received That notwithstanding any other provision of $47,984,000 shall be available for the Office of law, not to exceed $1,250,000 from fees estab- by the Department of Transportation from travel management centers, charge card pro- the Chief Financial Officer; not to exceed lished by the Chairman of the Surface Trans- $94,380,000 shall be available for the Office of portation Board shall be credited to this ap- grams, the subleasing of building space, and miscellaneous sources are to be credited to the General Counsel; not to exceed $2,695,000 propriation as offsetting collections and used appropriations of the Department of Trans- shall be available to the Office of Congres- for necessary and authorized expenses under portation and allocated to elements of the sional and Intergovernmental Relations; not this heading: Provided further, That the sum Department of Transportation using fair and to exceed $3,988,000 shall be available for the herein appropriated from the general fund equitable criteria and such funds shall be Office of Public Affairs; not to exceed $546,000 shall be reduced on a dollar-for-dollar basis available until expended. shall be available to the Office of the Chief as such offsetting collections are received SEC. 196. Amounts made available in this Operating Officer, not to exceed $256,744,000 during fiscal year 2012, to result in a final ap- or any other Act that the Secretary deter- shall be available for the Office of the Chief propriation from the general fund estimated mines represent improper payments by the Human Capital Officer; not to exceed at no more than $28,060,000. Department of Transportation to a third- $10,476,000 shall be available for the Office of GENERAL PROVISIONS—DEPARTMENT OF party contractor under a financial assistance Departmental Operations and Coordination; TRANSPORTATION award, which are recovered pursuant to law, not to exceed $47,543,000 shall be available for SEC. 190. During the current fiscal year, ap- shall be available— the Office of Field Policy and Management; plicable appropriations to the Department of (1) to reimburse the actual expenses in- not to exceed $14,654,000 shall be available for Transportation shall be available for mainte- curred by the Department of Transportation the Office of the Chief Procurement Officer; nance and operation of aircraft; hire of pas- in recovering improper payments; and not to exceed $3,708,000 shall be available for senger motor vehicles and aircraft; purchase (2) to pay contractors for services provided the Office of Departmental Equal Employ- of liability insurance for motor vehicles op- in recovering improper payments or con- ment Opportunity; not to exceed $1,448,000 erating in foreign countries on official de- tractor support in the implementation of the shall be available for the Center for Faith- partment business; and uniforms or allow- Improper Payments Information Act of 2002: Based and Community Initiatives; not to ex- ances therefor, as authorized by law (5 U.S.C. Provided, That amounts in excess of that re- ceed $2,627,000 shall be available for the Of- 5901–5902). quired for paragraphs (1) and (2)— fice of Sustainable Housing and Commu- SEC. 191. Appropriations contained in this (A) shall be credited to and merged with nities; not to exceed $5,605,000 shall be avail- Act for the Department of Transportation the appropriation from which the improper able for the Office of Strategic Planning and

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Management; not to exceed $7,415,000 shall be talize and operate public housing properties PUBLIC AND INDIAN HOUSING available for the Office of the Chief Disaster (1) in different markets and geographic TENANT-BASED RENTAL ASSISTANCE and Emergency Management Officer; and not areas, (2) within portfolios managed by pub- (INCLUDING TRANSFER OF FUNDS) to exceed $42,635,000 shall be available for the lic housing agencies of varying sizes, and (3) For activities and assistance for the provi- by leveraging other sources of funding to re- Office of the Chief Information Officer: Pro- sion of tenant-based rental assistance au- capitalize properties: Provided further, That vided further, That the Secretary shall pro- thorized under the United States Housing the Secretary shall provide an opportunity vide the Committees on Appropriations quar- Act of 1937, as amended (42 U.S.C. 1437 et for public comment on draft eligibility and terly written notification regarding the sta- seq.) (‘‘the Act’’ herein), not otherwise pro- tus of pending congressional reports: Pro- selection criteria and procedures that will apply to the selection of properties that will vided for, $14,872,357,000, to remain available vided further, That the Secretary shall pro- until expended, shall be available on October vide all signed reports required by Congress participate in the demonstration: Provided further, That the Secretary shall provide an 1, 2011 (in addition to the $4,000,000,000 pre- electronically: Provided further, That not to viously appropriated under this heading that exceed $25,000 of the amount made available opportunity for comment from residents of properties to be proposed for participation in will become available on October 1, 2011), and under this paragraph for the immediate Of- $4,000,000,000, to remain available until ex- fice of the Secretary shall be available for of- the demonstration to the owners or public housing agencies responsible for such prop- pended, shall be available on October 1, 2012: ficial reception and representation expenses Provided, That of the amounts made avail- as the Secretary may determine. erties: Provided further, That the Secretary may waive or specify alternative require- able under this heading are provided as fol- PROGRAM OFFICE SALARIES AND EXPENSES ments for (except for requirements related to lows: PUBLIC AND INDIAN HOUSING fair housing, nondiscrimination, labor stand- (1) Not less than $17,143,905,000 shall be For necessary salaries and expenses of the ards, and the environment) any provision of available for renewals of expiring section 8 Office of Public and Indian Housing, section 8(o)(13) or any provision that governs tenant-based annual contributions contracts $201,233,000. the use of assistance from which a property (including renewals of enhanced vouchers is converted under the demonstration or under any provision of law authorizing such COMMUNITY PLANNING AND DEVELOPMENT funds made available under the headings of assistance under section 8(t) of the Act) and For necessary salaries and expenses of the ‘‘Public Housing Capital Fund’’, ‘‘Public including renewal of other special purpose Office of Community Planning and Develop- Housing Operating Fund’’, and ‘‘Project- incremental vouchers: Provided, That not- ment mission area, $101,076,000. Based Rental Assistance’’, under this Act or withstanding any other provision of law, HOUSING any prior Act or any Act enacted during the from amounts provided under this paragraph For necessary salaries and expenses of the period of conversion of assistance under the and any carryover, the Secretary for the cal- Office of Housing, $392,796,000, of which demonstration for properties with assistance endar year 2012 funding cycle shall provide $8,200,000 shall be for the Office of Risk and converted under the demonstration, upon a renewal funding for each public housing Regulatory Affairs. finding by the Secretary that any such waiv- agency based on validated voucher manage- ers or alternative requirements are nec- ment system (VMS) leasing and cost data for POLICY DEVELOPMENT AND RESEARCH essary for the effective conversion of assist- the prior calendar year and by applying an For necessary salaries and expenses of the ance under the demonstration: Provided fur- inflation factor as established by the Sec- Office of Policy Development and Research, ther, That the Secretary shall publish by no- retary, by notice published in the Federal $23,016,000. tice in the Federal Register any waivers or Register, and by making any necessary ad- FAIR HOUSING AND EQUAL OPPORTUNITY alternative requirements pursuant to the justments for the costs associated with the For necessary salaries and expenses of the previous proviso no later than 10 days before first-time renewal of vouchers under this Office of Fair Housing and Equal Oppor- the effective date of such notice: Provided paragraph including tenant protection and tunity, $74,766,000. further, That the demonstration may proceed HOPE VI vouchers: Provided further, That after the Secretary publishes notice of its none of the funds provided under this para- OFFICE OF HEALTHY HOMES AND LEAD HAZARD terms in the Federal Register: Provided fur- CONTROL graph may be used to fund a total number of ther, That notwithstanding sections 3 and 16 unit months under lease which exceeds a For necessary salaries and expenses of the of the Act, the conversion of assistance public housing agency’s authorized level of Office of Healthy Homes and Lead Hazard under the demonstration shall not be the units under contract, except for public hous- Control, $7,502,000. basis for re-screening or termination of as- ing agencies participating in the Moving to sistance or eviction of any tenant family in RENTAL ASSISTANCE DEMONSTRATION Work (MTW) demonstration, which are in- a property participating in the demonstra- To conduct a demonstration designed to stead governed by the terms and conditions tion, and such a family shall not be consid- preserve and improve public housing through of their MTW agreements: Provided further, ered a new admission for any purpose, in- the voluntary conversion of properties with That the Secretary shall, to the extent nec- cluding compliance with income targeting assistance under section 9 of the U.S. Hous- essary to stay within the amount specified requirements: Provided further, That in the ing Act of 1937, (hereinafter, ‘‘the Act’’), to case of a property with assistance converted under this paragraph (except as otherwise properties with assistance under a project- under the demonstration from assistance modified under this Act), pro rate each pub- based subsidy contract under section 8 of the under section 9 of the Act, section 18 of the lic housing agency’s allocation otherwise es- Act, which shall be eligible for renewal under Act shall not apply to a property converting tablished pursuant to this paragraph: Pro- section 524 of the Multifamily Assisted Hous- assistance under the demonstration for all or vided further, That except as provided in the ing Reform and Affordability Act of 1997, or substantially all of its units, the Secretary following provisos, the entire amount speci- assistance under section 8(o)(13) of the Act, shall require ownership or control of assisted fied under this paragraph (except as other- the Secretary may transfer amounts pro- units by a public or nonprofit entity except wise modified under this Act) shall be obli- vided under the headings ‘‘Public Housing as determined by the Secretary to be nec- gated to the public housing agencies based Capital Fund’’ and ‘‘Public Housing Oper- essary pursuant to foreclosure, bankruptcy, on the allocation and pro rata method de- ating Fund’’ to the headings ‘‘Tenant-Based or termination and transfer of assistance for scribed above, and the Secretary shall notify Rental Assistance’’ or ‘‘Project-Based Rental material violations or substantial default, public housing agencies of their annual budg- Assistance’’: Provided, That project applica- shall require long-term renewable use and af- et not later than 60 days after enactment of tions may be received under this demonstra- fordability restrictions for assisted units, this Act: Provided further, That the Secretary tion until September 30, 2015: Provided fur- and may allow ownership to be transferred may extend the 60-day notification period ther, That any increase in cost for ‘‘Tenant- to a for-profit entity to facilitate the use of with the prior written approval of the House Based Rental Assistance’’ or ‘‘Project-Based tax credits only if the public housing agency and Senate Committees on Appropriations: Rental Assistance’’ associated with such preserves its interest in the property in a Provided further, That public housing agen- conversion shall be equal to amounts trans- manner approved by the Secretary: Provided cies participating in the Moving to Work ferred from ‘‘Public Housing Capital Fund’’ further, That the Secretary may permit demonstration shall be funded pursuant to and ‘‘Public Housing Operating Fund’’: Pro- transfer of assistance at or after conversion their Moving to Work agreements and shall vided further, That not more than 60,000 units under the demonstration to replacement be subject to the same pro rata adjustments shall be converted under the authority pro- units subject to the requirements in the pre- under the previous provisos: Provided further, vided under this heading: Provided further, vious proviso: Provided further, That the Sec- That up to $103,000,000 shall be available That tenants of such converted properties retary may establish the requirements for only: (1) to adjust the allocations for public shall, at a minimum, maintain the same converted assistance under the demonstra- housing agencies, after application for an ad- rights under such conversion as those pro- tion through contracts, use agreements, reg- justment by a public housing agency that ex- vided under section 9 of the Act: Provided fur- ulations, or other means: Provided further, perienced a significant increase, as deter- ther, That the Secretary shall select prop- That the Secretary shall assess and publish mined by the Secretary, in renewal costs of erties from applications for conversion as findings regarding the impact of the conver- tenant-based rental assistance resulting part of this demonstration through a com- sion of assistance under the demonstration from unforeseen circumstances or from port- petitive process: Provided further, That in es- on the preservation and improvement of pub- ability under section 8(r) of the Act; (2) for tablishing criteria for such competition, the lic housing, the amount of private sector vouchers that were not in use during the 12- Secretary shall seek to demonstrate the fea- leveraging as a result of such conversion, month period in order to be available to sibility of this conversion model to recapi- and the effect of such conversion on tenants. meet a commitment pursuant to section

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crease the amounts allocated to agencies by also be available to public housing authori- (2) $75,000,000 shall be for section 8 rental a uniform percentage applicable to all agen- ties that partner with eligible State Med- assistance for relocation and replacement of cies receiving funding under this paragraph icaid agencies and State behavioral health housing units that are demolished or dis- or may, to the extent necessary to provide entities, as designated by the Secretary of posed of pursuant to section 18 of the Act, full payment of amounts determined under the Department of Health and Human Serv- conversion of section 23 projects to assist- the previous proviso, utilize unobligated bal- ices, to provide housing in conjunction with ance under section 8, the family unification ances, including recaptures and carryovers, Medicaid case management, substance abuse program under section 8(x) of the Act, relo- remaining from funds appropriated to the treatment, and mental health services; and cation of witnesses in connection with ef- Department of Housing and Urban Develop- (8) The Secretary shall separately track all forts to combat crime in public and assisted ment under this heading from prior fiscal special purpose vouchers funded under this housing pursuant to a request from a law en- years, notwithstanding the purposes for heading. forcement or prosecution agency, enhanced which such amounts were appropriated: Pro- vouchers under any provision of law author- vided further, That amounts provided under HOUSING CERTIFICATE FUND izing such assistance under section 8(t) of this paragraph shall be only for activities re- (RESCISSION) the Act, HOPE VI vouchers, mandatory and lated to the provision of tenant-based rental Of the unobligated balances, including re- voluntary conversions, and tenant protec- assistance authorized under section 8, in- captures and carryover, remaining from tion assistance including replacement and cluding related development activities; funds appropriated to the Department of relocation assistance or for project-based as- (4) $60,000,000 shall be available for family Housing and Urban Development under this sistance to prevent the displacement of unas- self-sufficiency coordinators under section 23 heading, $200,000,000 are rescinded, to be ef- sisted elderly tenants currently residing in of the Act; fected by the Secretary of Housing and section 202 properties financed between 1959 (5) $113,452,000 for the renewal of tenant- Urban Development no later than September and 1974 that are refinanced pursuant to Pub- based assistance contracts under section 811 30, 2012: Provided, That if insufficient funds lic Law 106–569, as amended, or under the au- of the Cranston-Gonzalez National Afford- exist under these headings, the remaining thority as provided under this Act: Provided, able Housing Act (42 U.S.C. 8013), including balance may be derived from any other unob- That when a public housing development is necessary administrative expenses; ligated balances available under any heading submitted for demolition or disposition (6) $75,000,000 for incremental rental vouch- under this title funded in fiscal year 2011 and under section 18 of the Act, the Secretary er assistance for use through a supported prior years: Provided further, That the Sec- may provide section 8 rental assistance when housing program administered in conjunc- retary shall notify the Committees on Ap- the units pose an imminent health and safe- tion with the Department of Veterans Af- propriations of the unobligated balances ty risk to residents: Provided further, That fairs as authorized under section 8(o)(19) of used to meet this rescission 30 days in ad- the Secretary may only provide replacement the United States Housing Act of 1937: Pro- vance of such rescission: Provided further, vouchers for units that were occupied within vided, That the Secretary of Housing and That any such balances governed by re- the previous 24 months that cease to be Urban Development shall make such funding allocation provisions under the statute au- available as assisted housing, subject only to available, notwithstanding section 204 (com- thorizing the program for which the funds the availability of funds: Provided further, petition provision) of this title, to public were originally appropriated shall be avail- That of the amounts made available under housing agencies that partner with eligible able for the rescission: Provided further, That this paragraph, $10,000,000 shall be available VA Medical Centers or other entities as des- any obligated balances of contract authority to provide tenant protection assistance, not ignated by the Secretary of the Department from fiscal year 1974 and prior that have otherwise provided under this paragraph, to of Veterans Affairs, based on geographical been terminated shall be cancelled. residents residing in low-vacancy areas and need for such assistance as identified by the who may have to pay rents greater than 30 Secretary of the Department of Veterans Af- PUBLIC HOUSING CAPITAL FUND percent of household income, as the result of fairs, public housing agency administrative For the Public Housing Capital Fund Pro- (1) the maturity of a HUD-insured, HUD-held performance, and other factors as specified gram to carry out capital and management or section 202 loan that requires the permis- by the Secretary of Housing and Urban De- activities for public housing agencies, as au- sion of the Secretary prior to loan prepay- velopment in consultation with the Sec- thorized under section 9 of the United States ment; (2) the expiration of a rental assist- retary of the Department of Veterans Af- Housing Act of 1937 (42 U.S.C. 1437g) (the ance contract for which the tenants are not fairs: Provided further, That the Secretary of ‘‘Act’’) $1,875,000,000, to remain available eligible for enhanced voucher or tenant pro- Housing and Urban Development may waive, until September 30, 2015: Provided, That not- tection assistance under existing law; or (3) or specify alternative requirements for (in withstanding any other provision of law or the expiration of affordability restrictions consultation with the Secretary of the De- regulation, during fiscal year 2012 the Sec- accompanying a mortgage or preservation partment of Veterans Affairs), any provision retary of Housing and Urban Development program administered by the Secretary: Pro- of any statute or regulation that the Sec- may not delegate to any Department official vided further, That such tenant protection as- retary of Housing and Urban Development other than the Deputy Secretary and the As- sistance made available under the previous administers in connection with the use of sistant Secretary for Public and Indian proviso may be provided under the authority funds made available under this paragraph Housing any authority under paragraph (2) of section 8(t) or section 8(o)(13) of the (except for requirements related to fair hous- of section 9(j) regarding the extension of the United States Housing Act of 1937 (42 U.S.C. ing, nondiscrimination, labor standards, and time periods under such section: Provided 1437f(t)): Provided further, That the Secretary the environment), upon a finding by the Sec- further, That for purposes of such section shall issue guidance to implement the pre- retary that any such waivers or alternative 9(j), the term ‘‘obligate’’ means, with respect vious provisos, including, but not limited to, requirements are necessary for the effective to amounts, that the amounts are subject to requirements for defining eligible at-risk delivery and administration of such voucher a binding agreement that will result in out- households within 120 days of the enactment assistance: Provided further, That assistance lays, immediately or in the future: Provided of this Act; made available under this paragraph shall further, That up to $10,000,000 shall be to sup- (3) $1,400,000,000 shall be for administrative continue to remain available for homeless port the ongoing Public Housing Financial and other expenses of public housing agen- veterans upon turn-over; and Physical Assessment activities of the cies in administering the section 8 tenant- (7) $5,000,000 for payments to public hous- Real Estate Assessment Center (REAC): Pro- based rental assistance program, of which up ing authorities to be competitively awarded vided further, That of the total amount pro- to $50,000,000 shall be available to the Sec- in order to demonstrate the effectiveness of vided under this heading, not to exceed retary to allocate to public housing agencies leveraging mainstream resources to address $20,000,000 shall be available for the Sec- that need additional funds to administer the needs of families and individuals who are retary to make grants, notwithstanding sec- their section 8 programs, including fees asso- homeless or at risk of homelessness, as de- tion 204 of this Act, to public housing agen- ciated with section 8 tenant protection rent- fined by the Secretary of Housing and Urban cies for emergency capital needs including al assistance, the administration of disaster Development, to be administered by the Sec- safety and security measures necessary to

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.039 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6552 CONGRESSIONAL RECORD — SENATE October 13, 2011 address crime and drug-related activity as foreclosed properties to affordable housing: ance and Self-Determination Act of 1996 (25 well as needs resulting from unforeseen or Provided further, That grantees shall under- U.S.C. 4111 et seq.), $13,000,000, to remain unpreventable emergencies and natural dis- take comprehensive local planning with available until expended: Provided, That of asters excluding Presidentially declared input from residents and the community, this amount, $300,000 shall be for training emergencies and natural disasters under the and that grantees shall provide a match in and technical assistance activities, including Robert T. Stafford Disaster Relief and Emer- State, local, other Federal or private funds: up to $100,000 for related travel by Hawaii- gency Act (42 U.S.C. 5121 et seq.) occurring in Provided further, That grantees may include based HUD employees. fiscal year 2012: Provided further, That of the local governments, tribal entities, public INDIAN HOUSING LOAN GUARANTEE FUND total amount provided under this heading housing authorities, and nonprofits: Provided PROGRAM ACCOUNT $50,000,000 shall be for supportive services, further, That for-profit developers may apply For the cost of guaranteed loans, as au- service coordinator and congregate services jointly with a public entity: Provided further, thorized by section 184 of the Housing and as authorized by section 34 of the Act (42 That of the amount provided, not less than Community Development Act of 1992 (12 U.S.C. 1437z–6) and the Native American $80,000,000 shall be awarded to public housing U.S.C. 1715z), $7,000,000, to remain available Housing Assistance and Self-Determination authorities: Provided further, That such until expended: Provided, That such costs, in- Act of 1996 (25 U.S.C. 4101 et seq.): Provided grantees shall create partnerships with other cluding the costs of modifying such loans, further, That of the total amount provided local organizations including assisted hous- shall be as defined in section 502 of the Con- under this heading, up to $5,000,000 is to sup- ing owners, service agencies, and resident or- gressional Budget Act of 1974: Provided fur- port the costs of administrative and judicial ganizations: Provided further, That the Sec- ther, That these funds are available to sub- receiverships: Provided further, That from the retary shall consult with the Secretaries of sidize total loan principal, any part of which funds made available under this heading, the Education, Labor, Transportation, Health is to be guaranteed, up to $428,000,000: Pro- Secretary shall provide bonus awards in fis- and Human Services, Agriculture, and Com- , That up to $750,000 shall be for cal year 2012 to public housing agencies that merce and the Administrator of the Environ- vided further are designated high performers. mental Protection Agency to coordinate and administrative contract expenses including leverage other appropriate Federal re- management processes and systems to carry PUBLIC HOUSING OPERATING FUND out the loan guarantee program. For 2012 payments to public housing agen- sources: Provided further, That no more than NATIVE HAWAIIAN HOUSING LOAN GUARANTEE cies for the operation and management of $5,000,000 of funds made available under this FUND PROGRAM ACCOUNT public housing, as authorized by section 9(e) heading may be provided to assist commu- of the United States Housing Act of 1937 (42 nities in developing comprehensive strate- For the cost of guaranteed loans, as au- U.S.C. 1437g(e)), $3,961,850,000, of which gies for implementing this program or imple- thorized by section 184A of the Housing and $20,000,000 shall be available until September menting other revitalization efforts in con- Community Development Act of 1992 (12 30, 2013: Provided, That in determining public junction with community notice and input: U.S.C. 1715z) and for such costs for loans used housing agencies’, including Moving to Work Provided further, That the Secretary shall de- for refinancing, $386,000, to remain available agencies’, calendar year 2012 funding alloca- velop and publish guidelines for the use of until expended: Provided, That such costs, in- tions under this heading, the Secretary shall such competitive funds, including but not cluding the costs of modifying such loans, take into account public housing agencies’ limited to eligible activities, program re- shall be as defined in section 502 of the Con- excess operating fund reserves, as deter- quirements, and performance metrics. gressional Budget Act of 1974: Provided fur- mined by the Secretary: Provided further, NATIVE AMERICAN HOUSING BLOCK GRANTS ther, That these funds are available to sub- That Moving to Work agencies shall receive For the Native American Housing Block sidize total loan principal, any part of which a pro-rata reduction consistent with their Grants program, as authorized under title I is to be guaranteed, not to exceed $41,504,000. peer groups: Provided further, That no public of the Native American Housing Assistance COMMUNITY PLANNING AND DEVELOPMENT housing agency shall be left with less than and Self-Determination Act of 1996 HOUSING OPPORTUNITIES FOR PERSONS WITH $100,000 in operating reserves: Provided fur- (NAHASDA) (25 U.S.C. 4111 et seq.), AIDS ther, That the Secretary shall not offset ex- $650,000,000, to remain available until ex- For carrying out the Housing Opportuni- cess reserves by more than $750,000,000: Pro- pended: Provided, That, notwithstanding the ties for Persons with AIDS program, as au- vided further, That in implementing such al- Native American Housing Assistance and thorized by the AIDS Housing Opportunity location reductions, the Secretary shall es- Self-Determination Act of 1996, to determine Act (42 U.S.C. 12901 et seq.), $330,000,000, to tablish a process by which public housing the amount of the allocation under title I of remain available until September 30, 2013, agencies can appeal the initial allocation such Act for each Indian tribe, the Secretary except that amounts allocated pursuant to amounts and the Secretary shall consider ad- shall apply the formula under section 302 of section 854(c)(3) of such Act shall remain justments based on such factors, including such Act with the need component based on available until September 30, 2014: Provided, prior funding reservations, commitments re- single-race census data and with the need That the Secretary shall renew all expiring lated to mixed finance developments, or re- component based on multi-race census data, contracts for permanent supportive housing porting errors: Provided further, That the and the amount of the allocation for each In- that were funded under section 854(c)(3) of Secretary shall notify public housing agen- dian tribe shall be the greater of the two re- such Act that meet all program require- cies of such process and what documentation sulting allocation amounts: Provided further, ments before awarding funds for new con- may be required as part of such appeal: Pro- That of the amounts made available under tracts and activities authorized under this vided further, That following the appeals this heading, $3,500,000 shall be contracted section. process established under the previous two for assistance for a national organization COMMUNITY DEVELOPMENT FUND provisos, the Secretary shall make final allo- representing Native American housing inter- For assistance to units of State and local cations: Provided further, That of the amount ests for providing training and technical as- government, and to other entities, for eco- provided under this heading up to $20,000,000 sistance to Indian housing authorities and nomic and community development activi- may be set aside to provide assistance to any tribally designated housing entities as au- ties, and for other purposes, $3,001,027,000, to public housing authority who encounters fi- thorized under NAHASDA; and $4,250,000 remain available until September 30, 2013, nancial hardship as a direct result of an ex- shall be to support the inspection of Indian unless otherwise specified: Provided, That of cess reserve offset applied to an allocation of housing units, contract expertise, training, the total amount provided, $2,851,027,000 is funding under this heading: Provided further, and technical assistance in the training, for carrying out the community development That the Secretary shall provide flexibility oversight, and management of such Indian block grant program under title I of the to public housing agencies to use excess op- housing and tenant-based assistance, includ- Housing and Community Development Act of erating reserves for capital improvements. ing up to $300,000 for related travel: Provided 1974, as amended (the ‘‘Act’’ herein) (42 CHOICE NEIGHBORHOODS further, That of the amount provided under U.S.C. 5301 et seq.): Provided further, That un- For competitive grants under the Choice this heading, $2,000,000 shall be made avail- less explicitly provided for under this head- Neighborhoods Initiative (subject to section able for the cost of guaranteed notes and ing (except for planning grants provided in 24 of the United States Housing Act of 1937 other obligations, as authorized by title VI the second paragraph and amounts made (42 U.S.C. 1437v), unless otherwise specified of NAHASDA: Provided further, That such available under the third paragraph), not to under this heading), for transformation, re- costs, including the costs of modifying such exceed 20 percent of any grant made with habilitation, and replacement housing needs notes and other obligations, shall be as de- funds appropriated under this heading shall of both public and HUD-assisted housing and fined in section 502 of the Congressional be expended for planning and management to transform neighborhoods of poverty into Budget Act of 1974, as amended: Provided fur- development and administration: Provided functioning, sustainable mixed income ther, That these funds are available to sub- further, That $60,000,000 shall be for grants to neighborhoods with appropriate services, sidize the total principal amount of any Indian tribes notwithstanding section schools, public assets, transportation and ac- notes and other obligations, any part of 106(a)(1) of such Act, of which, notwith- cess to jobs, $120,000,000, to remain available which is to be guaranteed, not to exceed standing any other provision of law (includ- until September 30, 2014: Provided, That $20,000,000. ing section 204 of this Act), up to $3,960,000 grant funds may be used for resident and NATIVE HAWAIIAN HOUSING BLOCK GRANT may be used for emergencies that constitute community services, community develop- For the Native Hawaiian Housing Block imminent threats to health and safety. ment, and affordable housing needs in the Grant program, as authorized under title Of the amounts made available under this community, and for conversion of vacant or VIII of the Native American Housing Assist- heading, $90,000,000 shall be made available

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.040 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6553 for a Sustainable Communities Initiative to Development Act of 1974 no later than 5 days 1993 (42 U.S.C. 9816 note), of which not less improve regional planning efforts that inte- before the effective date of such waiver. than $5,000,000 may be made available for grate housing and transportation decisions, COMMUNITY DEVELOPMENT LOAN GUARANTEES rural capacity-building activities: Provided and increase the capacity to improve land PROGRAM ACCOUNT further, That $5,000,000 shall be made avail- use and zoning: Provided, That $63,000,000 For the cost of guaranteed loans, $4,960,000, able for capacity-building activities for a na- shall be for Regional Integrated Planning to remain available until September 30, 2012, tional organization with expertise in rural Grants to support the linking of transpor- as authorized by section 108 of the Housing housing, including experience working with tation and land use planning: Provided fur- and Community Development Act of 1974 (42 rural housing organizations, local govern- ther, That not less than $15,750,000 of the U.S.C. 5308): Provided, That such costs, in- ments, and Indian tribes. funding made available for Regional Inte- cluding the cost of modifying such loans, HOMELESS ASSISTANCE GRANTS grated Planning Grants shall be awarded to shall be as defined in section 502 of the Con- (INCLUDING TRANSFER OF FUNDS) metropolitan areas of less than 500,000: Pro- gressional Budget Act of 1974: Provided fur- vided further, That $27,000,000 shall be for For the emergency solutions grants pro- ther, That these funds are available to sub- Community Challenge Planning Grants to gram as authorized under subtitle B of title sidize total loan principal, any part of which foster reform and reduce barriers to achieve IV of the McKinney-Vento Homeless Assist- is to be guaranteed, not to exceed affordable, economically vital, and sustain- ance Act, as amended; the continuum of care $200,000,000, notwithstanding any aggregate able communities: Provided further, That the program as authorized under subtitle C of limitation on outstanding obligations guar- Secretary will consult with the Secretary of title IV of such Act; and the rural housing anteed in section 108(k) of the Housing and Transportation in evaluating grant pro- stability assistance program as authorized Community Development Act of 1974, as posals. under subtitle D of title IV of such Act, amended. $1,901,190,000, of which $1,896,190,000 shall re- COMMUNITY DEVELOPMENT BLOCK GRANT HOME INVESTMENT PARTNERSHIPS PROGRAM main available until September 30, 2014, and DISASTER FUNDING For the HOME investment partnerships of which $5,000,000 shall remain available For an additional amount for the ‘‘Commu- until expended for project-based rental as- nity Development Fund’’, for necessary ex- program, as authorized under title II of the Cranston-Gonzalez National Affordable sistance with rehabilitation projects with 10- penses related to disaster relief, long-term year grant terms and any rental assistance recovery, and restoration of infrastructure, Housing Act, as amended, $1,000,000,000, to re- main available until September 30, 2013: Pro- amounts that are recaptured under such con- housing, and economic revitalization result- tinuum of care program shall remain avail- ing from a major disaster designation pursu- vided, That notwithstanding the amount made available under this heading, the able until expended: Provided, That not less ant to the Robert T. Stafford Disaster Relief than $286,000,000 of the funds appropriated and Emergency Assistance Act (42 U.S.C. threshold reduction requirements in sections 216(10) and 217(b)(4) of such Act shall not under this heading shall be available for such 5122(2)) in 2011, $400,000,000, to remain avail- emergency solutions grants program: Pro- able until expended, for activities authorized apply to allocation of such amount: Provided further, That funds made available under this vided further, That not less than $1,602,190,000 under title I of the Housing and Community of the funds appropriated under this heading Development Act of 1974 (Public Law 93–383): heading used for projects not completed within 4 years of the commitment date, as shall be available for such continuum of care Provided, That the amount provided under and rural housing stability assistance pro- this heading is designated by Congress as determined by a signature of each party to the agreement shall be repaid: Provided fur- grams: Provided further, That up to $8,000,000 being for disaster relief pursuant to section of the funds appropriated under this heading 251(b)(2)(D) of the Balanced Budget and ther, That the Secretary may extend the deadline for 1 year if the Secretary deter- shall be available for the national homeless Emergency Deficit Control Act of 1985 (Pub- data analysis project: Provided further, That lic Law 99–177), as amended: Provided further, mines that the failure to complete the project is beyond the control of the partici- for all match requirements applicable to That funds shall be awarded directly to the funds made available under this heading for State or unit of general local government at pating jurisdiction: Provided further, That no funds provided under this heading may be this fiscal year and prior years, a grantee the discretion of the Secretary: Provided fur- may use (or could have used) as a source of ther, That prior to the obligation of funds a committed to any project included as part of a participating jurisdiction’s plan under sec- match funds other funds administered by the grantee shall submit a plan to the Secretary Secretary and other Federal agencies unless detailing the proposed use of all funds, in- tion 105(b), unless each participating juris- diction certifies that it has conducted an un- there is (or was) a specific statutory prohibi- cluding criteria for eligibility and how the tion on any such use of any such funds: Pro- use of these funds will address long-term re- derwriting review, assessed developer capac- ity and fiscal soundness, and examined vided further, That the Secretary shall renew covery and restoration of infrastructure: on an annual basis expiring contracts or Provided further, That funds provided under neighborhood market conditions to ensure adequate need for each project: Provided fur- amendments to contracts funded under the this heading may be used by a State or local- continuum of care program if the program is ity as a matching requirement, share, or ther, That any homeownership units funded under this heading which cannot be sold to determined to be needed under the applicable contribution for any other Federal program: continuum of care and meets appropriate Provided further, That such funds may not be an eligible homeowner within 6 months of project completion shall be rented to an eli- program requirements and financial stand- used for activities reimbursable by, or for ards, as determined by the Secretary: Pro- which funds are made available by, the Fed- gible tenant: Provided further, That no funds provided under this heading may be awarded vided further, That all awards of assistance eral Emergency Management Agency or the under this heading shall be required to co- Army Corps of Engineers: Provided further, for development activities to a community housing development organization that can- ordinate and integrate homeless programs That funds allocated under this heading with other mainstream health, social serv- shall not adversely affect the amount of any not demonstrate that it is has staff with demonstrated development experience: Pro- ices, and employment programs for which formula assistance received by a State or homeless populations may be eligible, in- subdivision thereof under the Community vided further, That funds provided in prior appropriations Acts for technical assistance, cluding Medicaid, State Children’s Health Development Fund: Provided further, That a Insurance Program, Temporary Assistance State or subdivision thereof may use up to 5 that were made available for Community Housing Development Organizations tech- for Needy Families, Food Stamps, and serv- percent of its allocation for administrative ices funding through the Mental Health and costs: Provided further, That in administering nical assistance, and that still remain avail- able, may be used for HOME technical assist- Substance Abuse Block Grant, Workforce In- the funds under this heading, the Secretary vestment Act, and the Welfare-to-Work of Housing and Urban Development may ance notwithstanding the purposes for which such amounts were appropriated. grant program: Provided further, That all bal- waive, or specify alternative requirements ances for Shelter Plus Care renewals pre- SELF-HELP AND ASSISTED HOMEOWNERSHIP for, any provision of any statute or regula- viously funded from the Shelter Plus Care OPPORTUNITY PROGRAM tion that the Secretary administers in con- Renewal account and transferred to this ac- nection with the obligation by the Secretary For the Self-Help and Assisted Homeown- count shall be available, if recaptured, for or the use by the recipient of these funds or ership Opportunity Program, as authorized continuum of care renewals in fiscal year guarantees (except for requirements related under section 11 of the Housing Opportunity 2012. to fair housing, nondiscrimination, labor Program Extension Act of 1996, as amended, standards, and the environment), upon a re- $57,000,000, to remain available until Sep- HOUSING PROGRAMS quest by a State or subdivision thereof ex- tember 30, 2013: Provided, That of the total PROJECT-BASED RENTAL ASSISTANCE plaining why such waiver is required to fa- amount provided under this heading, For activities and assistance for the provi- cilitate the use of such funds or guarantees, $17,000,000 shall be made available to the sion of project-based subsidy contracts under if the Secretary finds that such waiver would Self-Help and Assisted Homeownership Op- the United States Housing Act of 1937 (42 not be inconsistent with the overall purpose portunity Program as authorized under sec- U.S.C. 1437 et seq.) (‘‘the Act’’), not other- of title I of the Housing and Community De- tion 11 of the Housing Opportunity Program wise provided for, $9,018,672,000, to remain velopment Act of 1974: Provided further, That Extension Act of 1996, as amended: Provided available until expended, shall be available the Secretary shall publish in the Federal further, That $35,000,000 shall be made avail- on October 1, 2011 (in addition to the Register any waiver of any statute or regula- able for the second, third and fourth capac- $400,000,000 previously appropriated under tion that the Secretary administers pursu- ity building activities authorized under sec- this heading that will become available Oc- ant to title I of the Housing and Community tion 4(a) of the HUD Demonstration Act of tober 1, 2012), and $400,000,000, to remain

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.040 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6554 CONGRESSIONAL RECORD — SENATE October 13, 2011 available until expended, shall be available capital advance projects: Provided further, anced Budget and Emergency Deficit Control on October 1, 2012: Provided, That the That the Secretary may waive the provisions Act of 1985, as amended. amounts made available under this heading of section 202 governing the terms and condi- PAYMENT TO MANUFACTURED HOUSING FEES shall be available for expiring or terminating tions of project rental assistance, except TRUST FUND section 8 project-based subsidy contracts (in- that the initial contract term for such as- For necessary expenses as authorized by cluding section 8 moderate rehabilitation sistance shall not exceed 5 years in duration. the National Manufactured Housing Con- contracts), for amendments to section 8 HOUSING FOR PERSONS WITH DISABILITIES struction and Safety Standards Act of 1974 project-based subsidy contracts (including For capital advance contracts, including (42 U.S.C. 5401 et seq.), up to $9,000,000, to re- section 8 moderate rehabilitation contracts), amendments to capital advance contracts, main available until expended, of which for contracts entered into pursuant to sec- for supportive housing for persons with dis- $4,000,000 is to be derived from the Manufac- tion 441 of the McKinney-Vento Homeless abilities, as authorized by section 811 of the tured Housing Fees Trust Fund: Provided, Assistance Act (42 U.S.C. 11401), for renewal Cranston-Gonzalez National Affordable That not to exceed the total amount appro- of section 8 contracts for units in projects Housing Act (42 U.S.C. 8013) and for project priated under this heading shall be available that are subject to approved plans of action rental assistance for supportive housing for from the general fund of the Treasury to the under the Emergency Low Income Housing persons with disabilities under section extent necessary to incur obligations and Preservation Act of 1987 or the Low-Income 811(d)(2) of such Act, including amendments make expenditures pending the receipt of Housing Preservation and Resident Home- to contracts for such assistance and renewal collections to the Fund pursuant to section ownership Act of 1990, and for administrative of expiring contracts for such assistance for 620 of such Act: Provided further, That the and other expenses associated with project- up to a 1-year term, and for supportive serv- amount made available under this heading based activities and assistance funded under ices associated with the housing for persons from the general fund shall be reduced as this paragraph: Provided further, That of the with disabilities as authorized by section such collections are received during fiscal total amounts provided under this heading, 811(b)(1) of such Act, $150,000,000 to remain year 2011 so as to result in a final fiscal year not to exceed $289,000,000 shall be available available until September 30, 2015: Provided, 2011 appropriation from the general fund es- for performance-based contract administra- That the Secretary may waive the provisions timated at not more than $5,000,000 and fees tors for section 8 project-based assistance: of section 811 governing the terms and condi- pursuant to such section 620 shall be modi- Provided further, That the Secretary of Hous- tions of project rental assistance, except fied as necessary to ensure such a final fiscal ing and Urban Development may also use year 2011 appropriation: , that the initial contract term for such as- Provided further such amounts in the previous proviso for per- That for the dispute resolution and installa- sistance shall not exceed 5 years in duration: formance-based contract administrators for tion programs, the Secretary of Housing and Provided further, That amounts made avail- the administration of: interest reduction Urban Development may assess and collect able under this heading shall be available for payments pursuant to section 236(a) of the fees from any program participant: Provided Real Estate Assessment Center inspections National Housing Act (12 U.S.C. 1715z–1(a)); further, That such collections shall be depos- and inspection-related activities associated rent supplement payments pursuant to sec- ited into the Fund, and the Secretary, as with section 811 Capital Advance Projects: tion 101 of the Housing and Urban Develop- provided herein, may use such collections, as Provided further, That the Secretary shall ment Act of 1965 (12 U.S.C. 1701s); section well as fees collected under section 620, for conduct a demonstration program to make 236(f)(2) rental assistance payments (12 necessary expenses of such Act: Provided fur- available funds provided under this heading U.S.C. 1715z–1(f)(2)); project rental assistance ther, That notwithstanding the requirements for project rental assistance to State hous- contracts for the elderly under section of section 620 of such Act, the Secretary may ing finance agencies and other appropriate 202(c)(2) of the Housing Act of 1959 (12 U.S.C. carry out responsibilities of the Secretary entities as authorized under section 811(b)(3) 1701q); project rental assistance contracts for under such Act through the use of approved of the Cranston-Gonzalez National Afford- supportive housing for persons with disabil- service providers that are paid directly by able Housing Act (42 U.S.C. 8013(b)(3)). ities under section 811(d)(2) of the Cranston- the recipients of their services. Gonzalez National Affordable Housing Act HOUSING COUNSELING ASSISTANCE FEDERAL HOUSING ADMINISTRATION (42 U.S.C. 8013(d)(2)); project assistance con- For contracts, grants, and other assistance MUTUAL MORTGAGE INSURANCE PROGRAM tracts pursuant to section 202(h) of the Hous- excluding loans, as authorized under section ACCOUNT 106 of the Housing and Urban Development ing Act of 1959 (Public Law 86–372; 73 Stat. (INCLUDING TRANSFERS OF FUNDS) 667); and loans under section 202 of the Hous- Act of 1968, as amended, $60,000,000, including New commitments to guarantee single ing Act of 1959 (Public Law 86–372; 73 Stat. up to $2,500,000 for administrative contract family loans insured under the Mutual Mort- 667): Provided further, That amounts recap- services, to remain available until Sep- gage Insurance Fund shall not exceed tember 30, 2012: Provided, That grants made tured under this heading may be used for re- $400,000,000,000, to remain available until available from amounts provided under this newals of or amendments to section 8 September 30, 2013: Provided, That during fis- heading shall be awarded within 120 days of project-based contracts or for performance- cal year 2012, obligations to make direct enactment of this Act: Provided further, That based contract administrators, notwith- loans to carry out the purposes of section standing the purposes for which such funds shall be used for providing counseling 204(g) of the National Housing Act, as amounts were appropriated. and advice to tenants and homeowners, both amended, shall not exceed $50,000,000: Pro- HOUSING FOR THE ELDERLY current and prospective, with respect to vided further, That the foregoing amount in For capital advances, including amend- property maintenance, financial manage- the previous proviso shall be for loans to ments to capital advance contracts, for hous- ment/literacy, and such other matters as nonprofit and governmental entities in con- ing for the elderly, as authorized by section may be appropriate to assist them in improv- nection with sales of single family real prop- 202 of the Housing Act of 1959, as amended, ing their housing conditions, meeting their erties owned by the Secretary and formerly and for project rental assistance for the el- financial needs, and fulfilling the respon- insured under the Mutual Mortgage Insur- derly under section 202(c)(2) of such Act, in- sibilities of tenancy or homeownership; for ance Fund. For administrative contract ex- cluding amendments to contracts for such program administration; and for housing penses of the Federal Housing Administra- assistance and renewal of expiring contracts counselor training. tion, $206,586,000, to remain available until for such assistance for up to a 1-year term, OTHER ASSISTED HOUSING PROGRAMS September 30, 2013, of which up to $70,652,000 and for senior preservation rental assistance RENTAL HOUSING ASSISTANCE may be transferred to and merged with the contracts, as authorized by section 811(e) of For amendments to or extensions for up to Working Capital Fund: Provided further, That the American Housing and Economic Oppor- 1 year of contracts under section 101 of the to the extent guaranteed loan commitments tunity Act of 2000, as amended, and for sup- Housing and Urban Development Act of 1965 exceed $200,000,000,000 on or before April 1, portive services associated with the housing, (12 U.S.C. 1701s) and section 236(f)(2) of the 2012, an additional $1,400 for administrative contract expenses shall be available for each $369,627,000 to remain available until Sep- National Housing Act (12 U.S.C. 1715z–1) in $1,000,000 in additional guaranteed loan com- tember 30, 2015: Provided, That of the amount State-aided, noninsured rental housing mitments (including a pro rata amount for provided under this heading, up to $91,000,000 projects, $1,300,000, to remain available until any amount below $1,000,000), but in no case shall be for service coordinators and the con- expended. tinuation of existing congregate service shall funds made available by this proviso RENT SUPPLEMENT grants for residents of assisted housing exceed $30,000,000. projects, and of which up to $20,000,000 shall (RESCISSION) GENERAL AND SPECIAL RISK PROGRAM ACCOUNT be for grants under section 202b of the Hous- Of the amounts recaptured from termi- During fiscal year 2012, commitments to ing Act of 1959 (12 U.S.C. 1701q–2) for conver- nated contracts under section 101 of the guarantee loans incurred under the General sion of eligible projects under such section to Housing and Urban Development Act of 1965 and Special Risk Insurance Funds, as au- assisted living, service-enriched housing, or (12 U.S.C. 1701s) and section 236 of the Na- thorized by sections 238 and 519 of the Na- related use for substantial and emergency re- tional Housing Act (12 U.S.C. 1715z–1) tional Housing Act (12 U.S.C. 1715z–3 and pairs as determined by the Secretary: Pro- $231,600,000 are rescinded: Provided, That no 1735c), shall not exceed $25,000,000,000 in total vided further, That amounts under this head- amounts may be rescinded from amounts loan principal, any part of which is to be ing shall be available for Real Estate Assess- that were designated by the Congress as an guaranteed. ment Center inspections and inspection-re- emergency requirement pursuant to the Con- Gross obligations for the principal amount lated activities associated with section 202 current Resolution on the Budget or the Bal- of direct loans, as authorized by sections

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Urban Development for the creation and pro- ment and deployment of modernized Federal GOVERNMENT NATIONAL MORTGAGE motion of translated materials and other Housing Administration systems may be ob- ASSOCIATION programs that support the assistance of per- ligated until the Secretary submits to the sons with limited English proficiency in uti- Committees on Appropriations a plan for ex- GUARANTEES OF MORTGAGE-BACKED SECURITIES lizing the services provided by the Depart- penditure that—(A) identifies for each mod- LOAN GUARANTEE PROGRAM ACCOUNT ment of Housing and Urban Development. ernization project: (i) the functional and per- New commitments to issue guarantees to formance capabilities to be delivered and the OFFICE OF HEALTHY HOMES AND LEAD HAZARD carry out the purposes of section 306 of the mission benefits to be realized, (ii) the esti- CONTROL National Housing Act, as amended (12 U.S.C. mated life-cycle cost, and (iii) key mile- 1721(g)), shall not exceed $500,000,000,000, to LEAD HAZARD REDUCTION stones to be met; (B) demonstrates that each remain available until September 30, 2013: For the Lead Hazard Reduction Program, modernization project is: (i) compliant with Provided, That $20,000,000 shall be available as authorized by section 1011 of the Residen- the department’s enterprise architecture, (ii) for personnel compensation and benefits, and tial Lead-Based Paint Hazard Reduction Act being managed in accordance with applicable other administrative expenses of the Govern- of 1992, $120,000,000, to remain available until life-cycle management policies and guid- ment National Mortgage Association: Pro- September 30, 2013, pursuant to sections 501 ance, (iii) subject to the department’s cap- vided further, That to the extent that guaran- and 502 of the Housing and Urban Develop- ital planning and investment control re- teed loan commitments will and do exceed ment Act of 1970 that shall include research, quirements, and (iv) supported by an ade- $300,000,000,000, an additional $100 for per- studies, testing, and demonstration efforts, quately staffed project office; and (C) has sonnel compensation and benefits, and ad- including education and outreach concerning been reviewed by the Government Account- ministrative expenses shall be available lead-based paint poisoning and other hous- ability Office. until expended for each $1,000,000 in addi- ing-related diseases and hazards: Provided, OFFICE OF INSPECTOR GENERAL tional guaranteed loan commitments (in- That for purposes of environmental review, For necessary salaries and expenses of the cluding a pro rata amount for any amount pursuant to the National Environmental Office of Inspector General in carrying out below $1,000,000): Provided further, That re- Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Inspector General Act of 1978, as amend- ceipts from Commitment and Multiclass fees other provisions of the law that further the ed, $124,750,000: Provided, That the Inspector collected pursuant to title III of the National purposes of such Act, a grant under the General shall have independent authority Housing Act, as amended, shall be credited Healthy Homes Initiative, Operation Lead over all personnel issues within this office. as offsetting collections to this account. Elimination Action Plan (LEAP), or the TRANSFORMATION INITIATIVE Lead Technical Studies program under this POLICY DEVELOPMENT AND RESEARCH (INCLUDING TRANSFER OF FUNDS) heading or under prior appropriations Acts RESEARCH AND TECHNOLOGY for such purposes under this heading, shall Of the amounts made available in this Act For contracts, grants, and necessary ex- be considered to be funds for a special under each of the following headings under penses of programs of research and studies project for purposes of section 305(c) of the this title, the Secretary may transfer to, and relating to housing and urban problems, not Multifamily Housing Property Disposition merge with, this account up to 0.5 percent otherwise provided for, as authorized by title Reform Act of 1994: Provided further, That of from each such account, and such trans- V of the Housing and Urban Development the total amount made available under this ferred amounts shall be available until Sep- tember 30, 2014, for: (1) research, evaluation, Act of 1970 (12 U.S.C. 1701z–1 et seq.), includ- heading, $45,000,000 shall be made available and program metrics; (2) program dem- ing carrying out the functions of the Sec- on a competitive basis for areas with the onstrations; and (3) technical assistance and retary of Housing and Urban Development highest lead paint abatement needs: Provided capacity building: ‘‘Choice Neighborhoods under section 1(a)(1)(i) of Reorganization further, That each recipient of funds provided Initiative’’, ‘‘Housing Opportunities for Per- Plan No. 2 of 1968, $45,825,000, to remain under the second proviso shall make a sons With AIDS’’, ‘‘Community Development available until September 30, 2013: Provided, matching contribution in an amount not less Fund’’, ‘‘HOME Investment Partnerships That with respect to amounts made avail- than 25 percent: Provided further, That the Program’’, ‘‘Self-Help and Assisted Home- able under this heading, notwithstanding Secretary may waive the matching require- ownership Opportunity Program’’, ‘‘Home- section 204 of this title, the Secretary may ment cited in the preceding proviso on a case less Assistance Grants’’, ‘‘Housing for the El- enter into cooperative agreements funded by case basis if the Secretary determines derly’’, ‘‘Housing for Persons With Disabil- with philanthropic entities, other Federal that such a waiver is necessary to advance ities’’, ‘‘Housing Counseling Assistance’’, agencies, or State or local governments and the purposes of this program: Provided fur- ‘‘Payment to Manufactured Housing Fees their agencies for research projects: Provided ther, That each applicant shall submit a de- Trust Fund’’, ‘‘Mutual Mortgage Insurance further, That with respect to the previous tailed plan and strategy that demonstrates Program Account’’, ‘‘Lead Hazard Reduc- proviso, such partners to the cooperative adequate capacity that is acceptable to the tion’’, ‘‘Rental Housing Assistance’’, and agreements must contribute at least a 50 Secretary to carry out the proposed use of ‘‘Fair Housing Activities’’: Provided, That of percent match toward the cost of the funds pursuant to a notice of funding avail- the amounts made available under this para- project: Provided further, That for non-com- ability: Provided further, That amounts made graph, not less than $45,000,000 shall be avail- petitive agreements entered into in accord- available under this heading in this or prior able for technical assistance and capacity ance with the previous two provisos, the Sec- appropriations Acts, and that still remain building: Provided further, That technical as- retary of Housing and Urban Development available, may be used for any purpose under sistance activities shall include, technical shall comply with section 2(b) of the Federal this heading notwithstanding the purpose for assistance for HUD programs, including Funding Accountability and Transparency which such amounts were appropriated if a HOME, Community Development Block Act of 2006 (Public Law 109–282, 31 U.S.C. program competition is undersubscribed and Grant, homeless programs, HOPWA, HOPE note) in lieu of compliance with section there are other program competitions under VI, Public Housing, the Housing Choice 102(a)(4)(C) with respect to documentation of this heading that are oversubscribed. award decisions. Voucher Program, Fair Housing Initiative WORKING CAPITAL FUND Program, Housing Counseling, Healthy FAIR HOUSING AND EQUAL OPPORTUNITY For additional capital for the Working Homes, Sustainable Communities, and other FAIR HOUSING ACTIVITIES Capital Fund (42 U.S.C. 3535) for the mainte- technical assistance as determined by the For contracts, grants, and other assist- nance of infrastructure for Department-wide Secretary: Provided further, That the Sec- ance, not otherwise provided for, as author- information technology systems, for the con- retary shall submit a plan to the House and ized by title VIII of the Civil Rights Act of tinuing operation and maintenance of both Senate Committees on Appropriations for 1968, as amended by the Fair Housing Department-wide and program-specific infor- approval detailing how the funding provided Amendments Act of 1988, and section 561 of mation systems, and for program-related under this heading will be allocated to each the Housing and Community Development maintenance activities, $199,035,000, to re- of the four categories identified under this Act of 1987, as amended, $64,287,000, to remain main available until September 30, 2013: Pro- heading and for what projects or activities available until September 30, 2013, of which vided, That any amounts transferred to this funding will be used: Provided further, That $35,940,000 shall be to carry out activities Fund under this Act shall remain available following the initial approval of this plan, pursuant to such section 561: Provided, That until expended: Provided further, That any the Secretary may amend the plan with the notwithstanding 31 U.S.C. 3302, the Secretary amounts transferred to this Fund from approval of the House and Senate Commit- may assess and collect fees to cover the costs amounts appropriated by previously enacted tees on Appropriations: Provided further, of the Fair Housing Training Academy, and appropriations Acts may be used for the pur- That with respect to amounts made avail- may use such funds to provide such training: poses specified under this Fund, in addition able under this heading for research, evalua- Provided further, That no funds made avail- to any other information technology the tion, program metrics, and program dem- able under this heading shall be used to purposes for which such amounts were appro- onstrations, notwithstanding section 204 of

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this title, the Secretary may make grants or Jersey, and adjusting for the proportion of SEC. 208. The Secretary of Housing and enter into cooperative agreements that in- the metropolitan division’s high-incidence Urban Development shall provide quarterly clude a substantial match contribution. bonus if this area in New Jersey also has a reports to the House and Senate Committees GENERAL PROVISIONS—DEPARTMENT OF higher than average per capita incidence of on Appropriations regarding all uncommit- HOUSING AND URBAN DEVELOPMENT AIDS; and ted, unobligated, recaptured and excess funds (2) allocating to the city of Paterson, New in each program and activity within the ju- SEC. 201. Fifty percent of the amounts of risdiction of the Department and shall sub- budget authority, or in lieu thereof 50 per- Jersey, the proportion of the metropolitan mit additional, updated budget information cent of the cash amounts associated with area’s or division’s amount that is based on to these Committees upon request. such budget authority, that are recaptured the number of cases of AIDS reported in the SEC. 209. (a) Notwithstanding any other from projects described in section 1012(a) of portion of the metropolitan area or division that is located in Bergen County and Passaic provision of law, the amount allocated for the Stewart B. McKinney Homeless Assist- fiscal year 2012 under section 854(c) of the ance Amendments Act of 1988 (42 U.S.C. 1437 County, New Jersey, and adjusting for the proportion of the metropolitan division’s AIDS Housing Opportunity Act (42 U.S.C. note) shall be rescinded or in the case of 12903(c)), to the city of Wilmington, Dela- cash, shall be remitted to the Treasury, and high incidence bonus if this area in New Jer- sey also has a higher than average per capita ware, on behalf of the Wilmington, Delaware- such amounts of budget authority or cash re- Maryland-New Jersey Metropolitan Division captured and not rescinded or remitted to incidence of AIDS. The recipient cities shall use amounts allocated under this subsection (hereafter ‘‘metropolitan division’’), shall be the Treasury shall be used by State housing adjusted by the Secretary of Housing and finance agencies or local governments or to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 Urban Development by allocating to the local housing agencies with projects ap- State of New Jersey the proportion of the proved by the Secretary of Housing and U.S.C. 12904) in their respective portions of the metropolitan division that is located in metropolitan division’s amount that is based Urban Development for which settlement oc- on the number of cases of AIDS reported in curred after January 1, 1992, in accordance New Jersey. (d) Notwithstanding any other provision of the portion of the metropolitan division that with such section. Notwithstanding the pre- law, the amount allocated for fiscal year 2012 is located in New Jersey, and adjusting for vious sentence, the Secretary may award up under section 854(c) of the AIDS Housing Op- the proportion of the metropolitan division’s to 15 percent of the budget authority or cash portunity Act (42 U.S.C. 12903(c)) to areas high incidence bonus if this area in New Jer- recaptured and not rescinded or remitted to with a higher than average per capita inci- sey also has a higher than average per capita the Treasury to provide project owners with dence of AIDS, shall be adjusted by the Sec- incidence of AIDS. The State of New Jersey incentives to refinance their project at a retary on the basis of area incidence re- shall use amounts allocated to the State lower interest rate. ported over a 3-year period. under this subsection to carry out eligible SEC. 202. None of the amounts made avail- SEC. 204. Except as explicitly provided in activities under section 855 of the AIDS able under this Act may be used during fiscal law, any grant, cooperative agreement or Housing Opportunity Act (42 U.S.C. 12904) in year 2012 to investigate or prosecute under other assistance made pursuant to title II of the portion of the metropolitan division that the Fair Housing Act any otherwise lawful this Act shall be made on a competitive basis is located in New Jersey. activity engaged in by one or more persons, and in accordance with section 102 of the De- (b) Notwithstanding any other provision of including the filing or maintaining of a non- partment of Housing and Urban Development law, the Secretary of Housing and Urban De- frivolous legal action, that is engaged in Reform Act of 1989 (42 U.S.C. 3545). velopment shall allocate to Wake County, solely for the purpose of achieving or pre- SEC. 205. Funds of the Department of Hous- North Carolina, the amounts that otherwise venting action by a Government official or ing and Urban Development subject to the would be allocated for fiscal year 2012 under entity, or a court of competent jurisdiction. Government Corporation Control Act or sec- section 854(c) of the AIDS Housing Oppor- SEC. 203. (a) Notwithstanding section tion 402 of the Housing Act of 1950 shall be tunity Act (42 U.S.C. 12903(c)) to the city of 854(c)(1)(A) of the AIDS Housing Opportunity available, without regard to the limitations Raleigh, North Carolina, on behalf of the Ra- Act (42 U.S.C. 12903(c)(1)(A)), from any on administrative expenses, for legal serv- leigh-Cary North Carolina Metropolitan Sta- amounts made available under this title for ices on a contract or fee basis, and for uti- tistical Area. Any amounts allocated to fiscal year 2012 that are allocated under such lizing and making payment for services and Wake County shall be used to carry out eligi- section, the Secretary of Housing and Urban facilities of the Federal National Mortgage ble activities under section 855 of such Act Development shall allocate and make a Association, Government National Mortgage (42 U.S.C. 12904) within such metropolitan grant, in the amount determined under sub- Association, Federal Home Loan Mortgage statistical area. section (b), for any State that— Corporation, Federal Financing Bank, Fed- (c) Notwithstanding section 854(c) of the (1) received an allocation in a prior fiscal eral Reserve banks or any member thereof, AIDS Housing Opportunity Act (42 U.S.C. year under clause (ii) of such section; and Federal Home Loan banks, and any insured 12903(c)), the Secretary of Housing and Urban (2) is not otherwise eligible for an alloca- bank within the meaning of the Federal De- Development may adjust the allocation of tion for fiscal year 2012 under such clause (ii) posit Insurance Corporation Act, as amended the amounts that otherwise would be allo- because the areas in the State outside of the (12 U.S.C. 1811–1). cated for fiscal year 2012 under section 854(c) metropolitan statistical areas that qualify SEC. 206. Unless otherwise provided for in of such Act, upon the written request of an under clause (i) in fiscal year 2011 do not this Act or through a reprogramming of applicant, in conjunction with the State(s), have the number of cases of acquired im- funds, no part of any appropriation for the for a formula allocation on behalf of a met- munodeficiency syndrome (AIDS) required Department of Housing and Urban Develop- ropolitan statistical area, to designate the under such clause. ment shall be available for any program, State or States in which the metropolitan (b) The amount of the allocation and grant project or activity in excess of amounts set statistical area is located as the eligible for any State described in subsection (a) forth in the budget estimates submitted to grantee(s) of the allocation. In the case that shall be an amount based on the cumulative Congress. a metropolitan statistical area involves number of AIDS cases in the areas of that SEC. 207. Corporations and agencies of the more than one State, such amounts allo- State that are outside of metropolitan sta- Department of Housing and Urban Develop- cated to each State shall be in proportion to tistical areas that qualify under clause (i) of ment which are subject to the Government the number of cases of AIDS reported in the such section 854(c)(1)(A) in fiscal year 2012, in Corporation Control Act are hereby author- portion of the metropolitan statistical area proportion to AIDS cases among cities and ized to make such expenditures, within the located in that State. Any amounts allo- States that qualify under clauses (i) and (ii) limits of funds and borrowing authority cated to a State under this section shall be of such section and States deemed eligible available to each such corporation or agency used to carry out eligible activities within under subsection (a). and in accordance with law, and to make the portion of the metropolitan statistical (c) Notwithstanding any other provision of such contracts and commitments without re- area located in that State. law, the amount allocated for fiscal year 2012 gard to fiscal year limitations as provided by SEC. 210 The President’s formal budget re- under section 854(c) of the AIDS Housing Op- section 104 of such Act as may be necessary quest for fiscal year 2013, as well as the De- portunity Act (42 U.S.C. 12903(c)), to the city in carrying out the programs set forth in the partment of Housing and Urban Develop- of New York, New York, on behalf of the New budget for 2012 for such corporation or agen- ment’s congressional budget justifications to York-Wayne-White Plains, New York-New cy except as hereinafter provided: Provided, be submitted to the Committees on Appro- Jersey Metropolitan Division (hereafter That collections of these corporations and priations of the House of Representatives ‘‘metropolitan division’’) of the New York- agencies may be used for new loan or mort- and the Senate, shall use the identical ac- Newark-Edison, NY–NJ–PA Metropolitan gage purchase commitments only to the ex- count and sub-account structure provided Statistical Area, shall be adjusted by the tent expressly provided for in this Act (un- under this Act. Secretary of Housing and Urban Develop- less such loans are in support of other forms SEC. 211. A public housing agency or such ment by: of assistance provided for in this or prior ap- other entity that administers Federal hous- (1) allocating to the city of Jersey City, propriations Acts), except that this proviso ing assistance for the Housing Authority of New Jersey, the proportion of the metropoli- shall not apply to the mortgage insurance or the county of Los Angeles, California, the tan area’s or division’s amount that is based guaranty operations of these corporations, States of Alaska, Iowa, and Mississippi shall on the number of cases of AIDS reported in or where loans or mortgage purchases are not be required to include a resident of pub- the portion of the metropolitan area or divi- necessary to protect the financial interest of lic housing or a recipient of assistance pro- sion that is located in Hudson County, New the United States Government. vided under section 8 of the United States

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.040 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6557 Housing Act of 1937 on the board of directors such project by the Secretary, except that Credit Reform Act of 1990 (2 U.S.C. 661 et or a similar governing board of such agency the Secretary may waive this requirement seq.). or entity as required under section (2)(b) of upon determination that such a waiver is SEC. 215. (a) No assistance shall be provided such Act. Each public housing agency or necessary to facilitate the financing of ac- under section 8 of the United States Housing other entity that administers Federal hous- quisition, construction, and/or rehabilitation Act of 1937 (42 U.S.C. 1437f) to any individual ing assistance under section 8 for the Hous- of the receiving project or projects. who— ing Authority of the county of Los Angeles, (8) If the transferring project meets the re- (1) is enrolled as a student at an institu- California and the States of Alaska, Iowa quirements of subsection (c)(2)(E), the owner tion of higher education (as defined under and Mississippi that chooses not to include a or mortgagor of the receiving project or section 102 of the Higher Education Act of resident of public housing or a recipient of projects shall execute and record either a 1965 (20 U.S.C. 1002)); section 8 assistance on the board of directors continuation of the existing use agreement (2) is under 24 years of age; or a similar governing board shall establish or a new use agreement for the project (3) is not a veteran; an advisory board of not less than six resi- where, in either case, any use restrictions in (4) is unmarried; dents of public housing or recipients of sec- such agreement are of no lesser duration (5) does not have a dependent child; tion 8 assistance to provide advice and com- than the existing use restrictions. (6) is not a person with disabilities, as such ment to the public housing agency or other (d) For purposes of this section— term is defined in section 3(b)(3)(E) of the administering entity on issues related to (1) the terms ‘‘low-income’’ and ‘‘very low- United States Housing Act of 1937 (42 U.S.C. public housing and section 8. Such advisory income’’ shall have the meanings provided 1437a(b)(3)(E)) and was not receiving assist- board shall meet not less than quarterly. by the statute and/or regulations governing ance under such section 8 as of November 30, SEC. 212. (a) Notwithstanding any other the program under which the project is in- 2005; and provision of law, subject to the conditions sured or assisted; (7) is not otherwise individually eligible, or listed in subsection (b), for fiscal years 2012 (2) the term ‘‘multifamily housing project’’ has parents who, individually or jointly, are and 2013, the Secretary of Housing and Urban means housing that meets one of the fol- not eligible, to receive assistance under sec- Development may authorize the transfer of lowing conditions— tion 8 of the United States Housing Act of some or all project-based assistance, debt (A) housing that is subject to a mortgage 1937 (42 U.S.C. 1437f). and statutorily required low-income and insured under the National Housing Act; (b) For purposes of determining the eligi- very low-income use restrictions, associated (B) housing that has project-based assist- bility of a person to receive assistance under with one or more multifamily housing ance attached to the structure including section 8 of the United States Housing Act of project to another multifamily housing projects undergoing mark to market debt re- 1937 (42 U.S.C. 1437f), any financial assistance project or projects. structuring under the Multifamily Assisted (in excess of amounts received for tuition) (b) PHASED TRANSFERS.—Transfers of Housing Reform and Affordability Housing that an individual receives under the Higher project-based assistance under this section Act; Education Act of 1965 (20 U.S.C. 1001 et seq.), may be done in phases to accommodate the (C) housing that is assisted under section from private sources, or an institution of financing and other requirements related to 202 of the Housing Act of 1959 as amended by higher education (as defined under the High- rehabilitating or constructing the project or section 801 of the Cranston-Gonzales Na- er Education Act of 1965 (20 U.S.C. 1002)), projects to which the assistance is trans- tional Affordable Housing Act; shall be considered income to that indi- ferred, to ensure that such project or (D) housing that is assisted under section vidual, except for a person over the age of 23 projects meet the standards under section 202 of the Housing Act of 1959, as such sec- with dependent children. (c). tion existed before the enactment of the SEC. 216. Notwithstanding the limitation in (c) The transfer authorized in subsection Cranston-Gonzales National Affordable the first sentence of section 255(g) of the Na- (a) is subject to the following conditions: Housing Act; or tional Housing Act (12 U.S.C. 1715z–g), the (1) NUMBER AND BEDROOM SIZE OF UNITS.— (E) housing or vacant land that is subject Secretary of Housing and Urban Develop- (A) For occupied units in the transferring to a use agreement; ment may, until September 30, 2012, insure project: the number of low-income and very (3) the term ‘‘project-based assistance’’ and enter into commitments to insure mort- low-income units and the configuration (i.e. means— gages under section 255(g) of the National bedroom size) provided by the transferring (A) assistance provided under section 8(b) Housing Act (12 U.S.C. 1715z–20). project shall be no less than when trans- of the United States Housing Act of 1937; SEC. 217. Notwithstanding any other provi- ferred to the receiving project or projects (B) assistance for housing constructed or sion of law, in fiscal year 2011, in managing and the net dollar amount of Federal assist- substantially rehabilitated pursuant to as- and disposing of any multifamily property ance provided by the transferring project sistance provided under section 8(b)(2) of that is owned or has a mortgage held by the shall remain the same in the receiving such Act (as such section existed imme- Secretary of Housing and Urban Develop- project or projects. diately before October 1, 1983); ment, and during the process of foreclosure (B) For unoccupied units in the transfer- (C) rent supplement payments under sec- on any property with a contract for rental ring project: the Secretary may authorize a tion 101 of the Housing and Urban Develop- assistance payments under section 8 of the reduction in the number of dwelling units in ment Act of 1965; United States Housing Act of 1937 or other the receiving project or projects to allow for (D) interest reduction payments under sec- Federal programs, the Secretary shall main- a reconfiguration of bedroom sizes to meet tion 236 and/or additional assistance pay- tain any rental assistance payments under current market demands, as determined by ments under section 236(f)(2) of the National section 8 of the United States Housing Act of the Secretary and provided there is no in- Housing Act; 1937 and other programs that are attached to crease in the project-based section 8 budget (E) assistance payments made under sec- any dwelling units in the property. To the authority. tion 202(c)(2) of the Housing Act of 1959; and extent the Secretary determines, in con- (2) The transferring project shall, as deter- (F) assistance payments made under sec- sultation with the tenants and the local gov- mined by the Secretary, be either physically tion 811(d)(2) of the Housing Act of 1959; ernment, that such a multifamily property obsolete or economically nonviable. (4) the term ‘‘receiving project or projects’’ owned or held by the Secretary is not fea- (3) The receiving project or projects shall means the multifamily housing project or sible for continued rental assistance pay- meet or exceed applicable physical standards projects to which some or all of the project- ments under such section 8 or other pro- established by the Secretary. based assistance, debt, and statutorily re- grams, based on consideration of (1) the costs (4) The owner or mortgagor of the transfer- quired use low-income and very low-income of rehabilitating and operating the property ring project shall notify and consult with the restrictions are to be transferred; and all available Federal, State, and local re- tenants residing in the transferring project (5) the term ‘‘transferring project’’ means sources, including rent adjustments under and provide a certification of approval by all the multifamily housing project which is section 524 of the Multifamily Assisted Hous- appropriate local governmental officials. transferring some or all of the project-based ing Reform and Affordability Act of 1997 (5) The tenants of the transferring project assistance, debt and the statutorily required (‘‘MAHRAA’’) and (2) environmental condi- who remain eligible for assistance to be pro- low-income and very low-income use restric- tions that cannot be remedied in a cost-ef- vided by the receiving project or projects tions to the receiving project or projects; fective fashion, the Secretary may, in con- shall not be required to vacate their units in and sultation with the tenants of that property, the transferring project or projects until new (6) the term ‘‘Secretary’’ means the Sec- contract for project-based rental assistance units in the receiving project are available retary of Housing and Urban Development. payments with an owner or owners of other for occupancy. SEC. 213. The funds made available for Na- existing housing properties, or provide other (6) The Secretary determines that this tive Alaskans under the heading ‘‘Native rental assistance. The Secretary shall also transfer is in the best interest of the tenants. American Housing Block Grants’’ in title III take appropriate steps to ensure that (7) If either the transferring project or the of this Act shall be allocated to the same Na- project-based contracts remain in effect receiving project or projects meets the con- tive Alaskan housing block grant recipients prior to foreclosure, subject to the exercise dition specified in subsection (d)(2)(A), any that received funds in fiscal year 2005. of contractual abatement remedies to assist lien on the receiving project resulting from SEC. 214. No funds provided under this title relocation of tenants for imminent major additional financing obtained by the owner may be used for an audit of the Government threats to health and safety after written shall be subordinate to any FHA-insured National Mortgage Association that makes notice to and informed consent of the af- mortgage lien transferred to, or placed on, applicable requirements under the Federal fected tenants and use of other available

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remedies, such as partial abatements or re- SEC. 224. With respect to the use of SEC. 229. No property identified by the Sec- ceivership. After disposition of any multi- amounts provided in this Act and in future retary of Housing and Urban Development as family property described under this section, Acts for the operation, capital improvement surplus Federal property for use to assist the the contract and allowable rent levels on and management of public housing as au- homeless shall be made available to any such properties shall be subject to the re- thorized by sections 9(d) and 9(e) of the homeless group unless the group is a member quirements under section 524 of MAHRAA. United States Housing Act of 1937 (42 U.S.C. in good standing under any of HUD’s home- SEC. 218. During fiscal year 2012, in the pro- 1437g(d) and (e)), the Secretary shall not im- less assistance programs or is in good stand- vision of rental assistance under section 8(o) pose any requirement or guideline relating ing with any other program which receives of the United States Housing Act of 1937 (42 to asset management that restricts or limits funds from any other Federal or State agen- U.S.C. 1437f(o)) in connection with a program in any way the use of capital funds for cen- cy or entity: Provided, That an exception to demonstrate the economy and effective- tral office costs pursuant to section 9(g)(1) or may be made for an entity not involved with ness of providing such assistance for use in 9(g)(2) of the United States Housing Act of Federal homeless programs to use surplus assisted living facilities that is carried out 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That Federal property for the homeless only after in the counties of the State of Michigan not- a public housing agency may not use capital the Secretary or another responsible Federal withstanding paragraphs (3) and (18)(B)(iii) funds authorized under section 9(d) for ac- agency has fully and comprehensively re- of such section 8(o), a family residing in an tivities that are eligible under section 9(e) viewed all relevant finances of the entity, assisted living facility in any such county, for assistance with amounts from the oper- the track record of the entity in assisting on behalf of which a public housing agency ating fund in excess of the amounts per- the homeless, the ability of the entity to provides assistance pursuant to section mitted under section 9(g)(1) or 9(g)(2). manage the property, including all costs, the 8(o)(18) of such Act, may be required, at the SEC. 225. No official or employee of the De- ability of the entity to administer homeless time the family initially receives such as- partment of Housing and Urban Development programs in a manner that is effective to sistance, to pay rent in an amount exceeding shall be designated as an allotment holder meet the needs of the homeless population 40 percent of the monthly adjusted income of unless the Office of the Chief Financial Offi- that is expected to use the property and any the family by such a percentage or amount cer has determined that such allotment hold- other related issues that demonstrate a com- as the Secretary of Housing and Urban De- er has implemented an adequate system of mitment to assist the homeless: Provided fur- velopment determines to be appropriate. funds control and has received training in ther, That the Secretary shall not require SEC. 219. The Secretary of Housing and funds control procedures and directives. The the entity to have cash in hand in order to Urban Development shall report quarterly to Chief Financial Officer shall ensure that, not demonstrate financial ability but may rely the House of Representatives and Senate later than 90 days after the date of enact- on the entity’s prior demonstrated fund-rais- Committees on Appropriations on HUD’s use ment of this Act, a trained allotment holder ing ability or commitments for in-kind dona- of all sole-source contracts, including terms shall be designated for each HUD subaccount tions of goods and services: Provided further, of the contracts, cost, and a substantive ra- under the heading ‘‘Administration, Oper- That the Secretary shall make all such in- tionale for using a sole-source contract. ations, and Management’’ as well as each ac- formation and its decision regarding the SEC. 220. Notwithstanding any other provi- count receiving appropriations for ‘‘Program award of the surplus property available to sion of law, the recipient of a grant under Office Salaries and Expenses’’ within the De- the committees of jurisdiction, including a section 202b of the Housing Act of 1959 (12 partment of Housing and Urban Develop- full justification of the appropriateness of U.S.C. 1701q) after December 26, 2000, in ac- ment. the use of the property to assist the home- cordance with the unnumbered paragraph at SEC. 226. The Secretary of Housing and less as well as the appropriateness of the the end of section 202(b) of such Act, may, at Urban Development shall report quarterly to group seeking to obtain the property to use its option, establish a single-asset nonprofit the House and Senate Committees on Appro- such property to assist the homeless: Pro- entity to own the project and may lend the priations on the status of all section 8 vided further, That, this section shall apply grant funds to such entity, which may be a project-based housing, including the number to properties in fiscal years 2011 and 2012 private nonprofit organization described in of all project-based units by region as well as made available as surplus Federal property section 831 of the American Homeownership an analysis of all federally subsidized hous- for use to assist the homeless. and Economic Opportunity Act of 2000. ing being refinanced under the Mark-to-Mar- SEC. 230. The Secretary of the Department SEC. 221. (a) The amounts provided under ket program. The Secretary shall in the re- of Housing and Urban Development is au- the subheading ‘‘Program Account’’ under port identify all existing units maintained thorized to transfer up to 5 percent or the heading ‘‘Community Development Loan by region as section 8 project-based units $5,000,000, whichever is less, of the funds Guarantees’’ may be used to guarantee, or and all project-based units that have opted made available for salaries and expenses make commitments to guarantee, notes, or out of section 8 or have otherwise been elimi- under any account or any set-aside within other obligations issued by any State on be- nated as section 8 project-based units. The any account under this title under the gen- half of nonentitlement communities in the Secretary shall identify in detail and by eral heading ‘‘Program Office Salaries and State in accordance with the requirements of project all the efforts made by the Depart- Expenses’’, and under the account heading section 108 of the Housing and Community ment to preserve all section 8 project-based ‘‘Administration, Operations and Manage- Development Act of 1974 in fiscal year 2012 housing units and all the reasons for any ment’’, to any other such account or any and subsequent years: Provided, That, any units which opted out or otherwise were lost other such set-aside within any such ac- State receiving such a guarantee or commit- as section 8 project-based units. Such anal- count: Provided, That no appropriation for ment shall distribute all funds subject to ysis shall include a review of the impact of salaries and expenses in any such account or such guarantee to the units of general local the loss of any subsidized units in that hous- set-aside shall be increased or decreased by government in nonentitlement areas that re- ing marketplace, such as the impact of cost more than 5 percent or $5,000,000, whichever ceived the commitment. and the loss of available subsidized, low-in- is less, without prior written approval of the (b) Not later than 60 days after the date of come housing in areas with scarce housing House and Senate Committees on Appropria- enactment of this Act, the Secretary of resources for low-income families. tions. Housing and Urban Development shall pro- SEC. 227. Payment of attorney fees in pro- SEC. 231. The Disaster Housing Assistance mulgate regulations governing the adminis- gram-related litigation must be paid from Programs, administered by the Department tration of the funds described under sub- individual program office personnel benefits of Housing and Urban Development, shall be section (a). and compensation funding. The annual budg- considered a ‘‘program of the Department of SEC. 222. Section 24 of the United States et submission for program office personnel Housing and Urban Development’’ under sec- Housing Act of 1937 (42 U.S.C. 1437v) is benefit and compensation funding must in- tion 904 of the McKinney Act for the purpose amended— clude program-related litigation costs for at- of income verifications and matching. (1) in subsection (m)(1), by striking ‘‘fiscal torney fees as a separate line item request. SEC. 232. Of the amounts made available year’’ and all that follows through the period SEC. 228. The Secretary of the Department for salaries and expenses under all accounts at the end and inserting ‘‘fiscal year 2012.’’; of Housing and Urban Development shall for under this title (except for the Office of In- and fiscal year 2012 and subsequent fiscal years, spector General account), a total of up to (2) in subsection (o), by striking ‘‘Sep- notify the public through the Federal Reg- $10,000,000 may be transferred to and merged tember’’ and all that follows through the pe- ister and other means, as determined appro- with amounts made available in the ‘‘Work- riod at the end and inserting ‘‘September 30, priate, of the issuance of a notice of the ing Capital Fund’’ account under this title. 2012.’’. availability of assistance or notice of fund- SEC. 233. Title II of division I of Public Law SEC. 223. Public housing agencies that own ing availability (NOFA) for any program or 108–447 and title III of Public Law 109–115 are and operate 400 or fewer public housing units discretionary fund administered by the Sec- each amended by striking the item related to may elect to be exempt from any asset man- retary that is to be competitively awarded. ‘‘Flexible Subsidy Fund’’. agement requirement imposed by the Sec- Notwithstanding any other provision of law, SEC. 234. The Secretary of Housing and retary of Housing and Urban Development in for fiscal year 2012 and subsequent fiscal Urban Development may increase, pursuant connection with the operating fund rule: Pro- years, the Secretary may make the NOFA to this section, the number of Moving-to- vided, That an agency seeking a discontinu- available only on the Internet at the appro- Work agencies authorized under section 204, ance of a reduction of subsidy under the op- priate Government Web site or through title II, of the Departments of Veterans Af- erating fund formula shall not be exempt other electronic media, as determined by the fairs and Housing and Urban Development from asset management requirements. Secretary. and Independent Agencies Appropriations

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.041 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6559 Act, 1996 (Public Law 104–134; 110 Stat. 1321) and limits in accordance with this para- ing ‘‘October 1, 2011’’ each place it appears by adding to the program up to three Public graph’’; and inserting in lieu thereof ‘‘October 1, Housing Agencies that are High Performing (4) in section 3(b)(5)(A)— 2015’’. Agencies under the Public Housing Assess- (A) in clause (i) by striking ‘‘$400’’ and in- TITLE III ment System (PHAS) or the Section Eight serting in lieu thereof ‘‘$675’’; and Management Assessment Program (SEMAP). (B) in clause (ii), in the matter preceding RELATED AGENCIES No PHA shall be granted this designation subclause (I), by striking ‘‘3 percent’’ and in- ACCESS BOARD through this section that administers in ex- serting in lieu thereof ‘‘10 percent’’; SALARIES AND EXPENSES cess of 10,000 aggregate housing vouchers and (5) in paragraph (1) of section 8(c)— public housing units. No PHA granted this (A) by inserting ‘‘(A)’’ after the paragraph For expenses necessary for the Access designation through this section shall re- designation; Board, as authorized by section 502 of the Re- ceive more funding under sections 8 or 9 of (B) by striking the fourth, fifth, seventh, habilitation Act of 1973, as amended, the United States Housing Act of 1937 than eighth, ninth, and tenth sentences; and $7,400,000: Provided, That, notwithstanding they otherwise would have received absent (C) by adding at the end the following: any other provision of law, there may be this designation. In addition to other report- ‘‘(B) Fair market rentals for an area shall credited to this appropriation funds received ing requirements, all Moving-to-Work agen- be published not less than annually by the for publications and training expenses. cies shall report financial data to the De- Secretary on the Department’s Web site and FEDERAL MARITIME COMMISSION partment of Housing and Urban Development in any other manner specified by the Sec- as specified by the Secretary, so that the ef- retary. The Secretary shall publish notice of SALARIES AND EXPENSES fect of Moving-to-Work policy changes can the publication of such fair market rentals For necessary expenses of the Federal Mar- be measured. in the Federal Register, and such fair mar- itime Commission as authorized by section SEC. 235. Of the unobligated balances re- ket rentals shall become effective no earlier 201(d) of the Merchant Marine Act, 1936, as maining from funds appropriated under the than 30 days after the date of such publica- amended (46 U.S.C. App. 1111), including serv- heading ‘‘Tenant-Based Rental Assistance’’ tion. The Secretary shall establish a proce- ices as authorized by 5 U.S.C. 3109; hire of under the ‘‘Full-Year Continuing Appropria- dure for public housing agencies and other passenger motor vehicles as authorized by 31 tions Act, 2011’’, $750,000,000 are rescinded interested parties to comment on such fair U.S.C. 1343(b); and uniforms or allowances from the $4,000,000,000 which are available on market rentals and to request, within a time therefore, as authorized by 5 U.S.C. 5901–5902, October 1, 2011: Provided, That such amounts specified by the Secretary, reevaluation of $24,100,000. may be derived from reductions to public the fair market rental in a jurisdiction. The NATIONAL RAILROAD PASSENGER CORPORATION housing agencies’ calendar year 2012 alloca- Secretary shall publish for comment in the OFFICE OF INSPECTOR GENERAL tions based on the excess amounts of public Federal Register notices of proposed mate- housing agencies’ net restricted assets ac- rial changes in the methodology for esti- OFFICE OF INSPECTOR GENERAL counts, including the net restricted assets of mating fair market rentals and notices SALARIES AND EXPENSES MTW agencies (in accordance with VMS data specifying the final decisions regarding such in calendar year 2011 that is verifiable and proposed substantial methodological changes For necessary expenses of the Office of In- complete), as determined by the Secretary: and responses to public comments.’’; spector General for the National Railroad Provided further, That in making such adjust- (6) in subparagraph (B) of section 8(o)(1) by Passenger Corporation to carry out the pro- ments, the Secretary shall preserve public inserting before the period at the end the fol- visions of the Inspector General Act of 1978, housing authority reserves at no less than lowing: ‘‘, except that no public housing as amended, $19,311,000: Provided, That the one month, to the extent practicable. agency shall be required as a result of a re- Inspector General shall have all necessary SEC. 236. The United States Housing Act of duction in the fair market rental to reduce authority, in carrying out the duties speci- 1937 (42 U.S.C. 1437) is amended— the payment standard applied to a family fied in the Inspector General Act, as amend- (1) in section 3(a)(1) by inserting before the continuing to reside in a unit for which the ed (5 U.S.C. App. 3), to investigate allega- period at the end of the second sentence the family was receiving assistance under this tions of fraud, including false statements to following: ‘‘, except in the case of any family section at the time the fair market rental the government (18 U.S.C. 1001), by any per- with a fixed income, as defined by the Sec- was reduced. The Secretary shall allow pub- son or entity that is subject to regulation by retary, after the initial review of the fam- lic housing agencies to request exception the National Railroad Passenger Corpora- ily’s income, the public housing agency or payment standards within fair market rental tion: Provided further, That the Inspector owner shall not be required to conduct a re- areas subject to criteria and procedures es- General may enter into contracts and other view of the family’s income for any year for tablished by the Secretary’’; arrangements for audits, studies, analyses, which such family certifies, in accordance (7) in subparagraph (D) of section 8(o)(1) by and other services with public agencies and with such requirements as the Secretary inserting before the period at the end the fol- with private persons, subject to the applica- shall establish, that 90 percent or more of lowing: ‘‘except that a public housing agency ble laws and regulations that govern the ob- the income of the family consists of fixed in- may establish a payment standard of not taining of such services within the National come, and that the sources of such income more than 120 percent of the fair market Railroad Passenger Corporation: Provided have not changed since the previous year, ex- rent, where necessary, as a reasonable ac- further, That the Inspector General may se- cept that the public housing agency or owner commodation for a person with a disability, lect, appoint, and employ such officers and shall conduct a review of each such family’s without approval of the Secretary. A public employees as may be necessary for carrying income not less than once every 3 years’’; housing agency may seek approval of the out the functions, powers, and duties of the (2) in section 3(b)(2) by inserting after the Secretary to use a payment standard greater Office of Inspector General, subject to the second sentence the following new sentence: than 120 percent of the fair market rent as a applicable laws and regulations that govern ‘‘The term ‘extremely low-income families’ reasonable accommodation for a disabled such selections, appointments, and employ- means very low-income families whose in- family or other family with a person with a ment within Amtrak: Provided further, That comes do not exceed the higher of (A) the disability. In connection with the use of any concurrent with the President’s budget re- poverty guidelines updated periodically by increased payment standard established or quest for fiscal year 2013, the Inspector Gen- the Department of Health and Human Serv- approved pursuant to either of the preceding eral shall submit to the House and Senate ices under the authority of section 673(2) of two sentences as a reasonable accommoda- Committees on Appropriations a budget re- the Community Services Block Grant Act (42 tion for a person with a disability, the Sec- quest for fiscal year 2013 in similar format U.S.C. 9902(2)), applicable to a family of the retary may not establish additional require- and substance to those submitted by execu- size involved; or (B) 30 percent of the median ments regarding the amount of adjusted in- tive agencies of the Federal Government. family income for the area, as determined by come paid by such person for rent’’; NATIONAL TRANSPORTATION SAFETY BOARD the Secretary, with adjustments for smaller (8) in section 16(a)(2)(A) by striking ‘‘fami- SALARIES AND EXPENSES and larger families, except that the Sec- lies whose incomes’’ and all that follows retary may establish income ceilings higher through ‘‘low family incomes’’ and inserting For necessary expenses of the National or lower than 30 percent of the median for in lieu thereof ‘‘extremely low-income fami- Transportation Safety Board, including hire the area on the basis of the Secretary’s find- lies’’; of passenger motor vehicles and aircraft; ings that such variations are necessary be- (9) in section 16(b)(1) by striking ‘‘families services as authorized by 5 U.S.C. 3109, but at cause of unusually high or low family in- whose incomes’’ and all that follows through rates for individuals not to exceed the per comes, and except that clause (A) of this sen- ‘‘low family incomes’’ and inserting in lieu diem rate equivalent to the rate for a GS–15; tence shall not apply in the case of public thereof ‘‘extremely low-income families’’; uniforms, or allowances therefor, as author- housing agencies located in Puerto Rico or and ized by law (5 U.S.C. 5901–5902), $99,275,000, of any other territory or possession of the (10) in section 16(c)(3) by striking ‘‘families which not to exceed $2,000 may be used for United States.’’; whose incomes’’ and all that follows through official reception and representation ex- (3) in paragraph (2) of section 3(b) by add- ‘‘low family incomes’’ and inserting in lieu penses. The amounts made available to the ing at the end the following new sentence: thereof ‘‘extremely low-income families’’. National Transportation Safety Board in ‘‘The Secretary shall periodically, but not SEC. 236. Section 579 of the Multifamily As- this Act include amounts necessary to make less than annually, determine or establish sisted Housing Reform and Affordability Act lease payments on an obligation incurred in area median incomes and income ceilings of 1997 (42 U.S.C. 1437f) is amended by strik- fiscal year 2001 for a capital lease.

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NEIGHBORHOOD REINVESTMENT CORPORATION (5) HUD-approved counseling entities and or expenditure in fiscal year 2012, or provided PAYMENT TO THE NEIGHBORHOOD State Housing Finance Agencies receiving from any accounts in the Treasury derived REINVESTMENT CORPORATION funds under this paragraph shall have dem- by the collection of fees and available to the For payment to the Neighborhood Rein- onstrated experience in successfully working agencies funded by this Act, shall be avail- vestment Corporation for use in neighbor- with financial institutions as well as bor- able for obligation or expenditure through a hood reinvestment activities, as authorized rowers facing default, delinquency and fore- reprogramming of funds that: by the Neighborhood Reinvestment Corpora- closure as well as documented counseling ca- (1) creates a new program; tion Act (42 U.S.C. 8101–8107), $135,000,000, of pacity, outreach capacity, past successful (2) eliminates a program, project, or activ- which $5,000,000 shall be for a multi-family performance and positive outcomes with doc- ity; rental housing program: Provided, That in umented counseling plans (including post (3) increases funds or personnel for any addition, $65,000,000 shall be made available mortgage foreclosure mitigation counseling), program, project, or activity for which funds until expended to the Neighborhood Rein- loan workout agreements and loan modifica- have been denied or restricted by the Con- vestment Corporation for mortgage fore- tion agreements. NRC may use other criteria gress; closure mitigation activities, under the fol- to demonstrate capacity in underserved (4) proposes to use funds directed for a spe- lowing terms and conditions: areas. cific activity by either the House or Senate (1) The Neighborhood Reinvestment Cor- (6) Of the total amount made available Committees on Appropriations for a dif- poration (‘‘NRC’’) shall make grants to coun- under this paragraph, up to $3,000,000 may be ferent purpose; seling intermediaries approved by the De- made available to build the mortgage fore- (5) augments existing programs, projects, partment of Housing and Urban Development closure and default mitigation counseling or activities in excess of $5,000,000 or 10 per- (HUD) (with match to be determined by the capacity of counseling intermediaries cent, whichever is less; NRC based on affordability and the economic through NRC training courses with HUD-ap- (6) reduces existing programs, projects, or conditions of an area; a match also may be proved counseling intermediaries and their activities by $5,000,000 or 10 percent, which- waived by the NRC based on the aforemen- partners, except that private financial insti- ever is less; or tioned conditions) to provide mortgage fore- tutions that participate in NRC training (7) creates, reorganizes, or restructures a closure mitigation assistance primarily to shall pay market rates for such training. branch, division, office, bureau, board, com- States and areas with high rates of defaults (7) Of the total amount made available mission, agency, administration, or depart- and foreclosures to help eliminate the de- under this paragraph, up to 4 percent may be ment different from the budget justifications fault and foreclosure of mortgages of owner- used for associated administrative expenses submitted to the Committees on Appropria- occupied single-family homes that are at for the NRC to carry out activities provided tions or the table accompanying the explana- risk of such foreclosure. Other than areas under this section. tory statement accompanying this Act, with high rates of defaults and foreclosures, (8) Mortgage foreclosure mitigation assist- whichever is more detailed, unless prior ap- grants may also be provided to approved ance grants may include a budget for out- proval is received from the House and Senate counseling intermediaries based on a geo- reach and advertising, and training, as deter- Committees on Appropriations: Provided, graphic analysis of the Nation by the NRC mined by the NRC. That not later than 60 days after the date of which determines where there is a preva- (9) The NRC shall continue to report bi-an- enactment of this Act, each agency funded lence of mortgages that are risky and likely nually to the House and Senate Committees by this Act shall submit a report to the Com- to fail, including any trends for mortgages on Appropriations as well as the Senate mittees on Appropriations of the Senate and that are likely to default and face fore- Banking Committee and House Financial of the House of Representatives to establish closure. A State Housing Finance Agency Services Committee on its efforts to miti- the baseline for application of reprogram- may also be eligible where the State Housing gate mortgage default. ming and transfer authorities for the current Finance Agency meets all the requirements UNITED STATES INTERAGENCY COUNCIL ON fiscal year: Provided further, That the report under this paragraph. A HUD-approved coun- HOMELESSNESS shall include: (A) a table for each appropriation with a seling intermediary shall meet certain mort- OPERATING EXPENSES gage foreclosure mitigation assistance coun- separate column to display the President’s For necessary expenses (including payment budget request, adjustments made by Con- seling requirements, as determined by the of salaries, authorized travel, hire of pas- NRC, and shall be approved by HUD or the gress, adjustments due to enacted rescis- senger motor vehicles, the rental of con- sions, if appropriate, and the fiscal year en- NRC as meeting these requirements. ference rooms, and the employment of ex- (2) Mortgage foreclosure mitigation assist- acted level; perts and consultants under section 3109 of (B) a delineation in the table for each ap- ance shall only be made available to home- title 5, United States Code) of the United owners of owner-occupied homes with mort- propriation both by object class and pro- States Interagency Council on Homelessness gram, project, and activity as detailed in the gages in default or in danger of default. in carrying out the functions pursuant to These mortgages shall likely be subject to a budget appendix for the respective appro- title II of the McKinney-Vento Homeless As- priation; and foreclosure action and homeowners will be sistance Act, as amended, $3,640,000. provided such assistance that shall consist of (C) an identification of items of special activities that are likely to prevent fore- TITLE IV congressional interest: Provided further, That closures and result in the long-term afford- GENERAL PROVISIONS—THIS ACT the amount appropriated or limited for sala- ability of the mortgage retained pursuant to SEC. 401. Such sums as may be necessary ries and expenses for an agency shall be re- such activity or another positive outcome for fiscal year 2012 pay raises for programs duced by $100,000 per day for each day after for the homeowner. No funds made available funded in this Act shall be absorbed within the required date that the report has not under this paragraph may be provided di- the levels appropriated in this Act or pre- been submitted to the Congress. rectly to lenders or homeowners to discharge vious appropriations Acts. SEC. 406. Except as otherwise specifically outstanding mortgage balances or for any SEC. 402. None of the funds in this Act shall provided by law, not to exceed 50 percent of other direct debt reduction payments. be used for the planning or execution of any unobligated balances remaining available at (3) The use of Mortgage Foreclosure Miti- program to pay the expenses of, or otherwise the end of fiscal year 2012 from appropria- gation Assistance by approved counseling compensate, non-Federal parties intervening tions made available for salaries and ex- intermediaries and State Housing Finance in regulatory or adjudicatory proceedings penses for fiscal year 2012 in this Act, shall Agencies shall involve a reasonable analysis funded in this Act. remain available through September 30, 2013, of the borrower’s financial situation, an SEC. 403. None of the funds appropriated in for each such account for the purposes au- evaluation of the current value of the prop- this Act shall remain available for obliga- thorized: Provided, That a request shall be erty that is subject to the mortgage, coun- tion beyond the current fiscal year, nor may submitted to the House and Senate Commit- seling regarding the assumption of the mort- any be transferred to other appropriations, tees on Appropriations for approval prior to gage by another non-Federal party, coun- unless expressly so provided herein. the expenditure of such funds: Provided fur- seling regarding the possible purchase of the SEC. 404. The expenditure of any appropria- ther, That these requests shall be made in mortgage by a non-Federal third party, tion under this Act for any consulting serv- compliance with reprogramming guidelines counseling and advice of all likely restruc- ice through procurement contract pursuant under section 405 of this Act. turing and refinancing strategies or the ap- to section 3109 of title 5, United States Code, proval of a work-out strategy by all inter- shall be limited to those contracts where SEC. 407. All Federal agencies and depart- ested parties. such expenditures are a matter of public ments that are funded under this Act shall (4) NRC may provide up to 15 percent of the record and available for public inspection, issue a report to the House and Senate Com- total funds under this paragraph to its own except where otherwise provided under exist- mittees on Appropriations on all sole-source charter members with expertise in fore- ing law, or under existing Executive order contracts by no later than July 30, 2012. Such closure prevention counseling, subject to a issued pursuant to existing law. report shall include the contractor, the amount of the contract and the rationale for certification by the NRC that the procedures SEC. 405. Except as otherwise provided in for selection do not consist of any procedures this Act, none of the funds provided in this using a sole-source contract. or activities that could be construed as an Act, provided by previous appropriations SEC. 408. (a) None of the funds made avail- unacceptable conflict of interest or have the Acts to the agencies or entities funded in able in this Act may be obligated or ex- appearance of impropriety. this Act that remain available for obligation pended for any employee training that—

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.041 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6561 (1) does not meet identified needs for tions 301–10.122 and 301–10.123 of title 41, Code The PRESIDING OFFICER. Without knowledge, skills, and abilities bearing di- of Federal Regulations. objection, it is so ordered. rectly upon the performance of official du- SEC. 415. None of the funds made available COMMITTEE ON THE JUDICIARY ties; in this Act may be used to purchase a light (2) contains elements likely to induce high bulb for an office building unless the light Mr. DURBIN. Mr. President, I ask levels of emotional response or psychological bulb has, to the extent practicable, an En- unanimous consent that the Com- stress in some participants; ergy Star or Federal Energy Management mittee on Judiciary be authorized to (3) does not require prior employee notifi- Program designation. meet during the session of the Senate, cation of the content and methods to be used SEC. 416. None of the funds made available on October 13, 2011, at 10 a.m., in SD– in the training and written end of course in this Act may be used to establish, issue, 226 of the Dirksen Senate Office Build- evaluation; implement, administer, or enforce any prohi- ing, to conduct an executive business (4) contains any methods or content associ- bition or restriction on the establishment or ated with religious or quasi-religious belief effectiveness of any occupancy preference for meeting. systems or ‘‘new age’’ belief systems as de- veterans in supportive housing for the elder- The PRESIDING OFFICER. Without fined in Equal Employment Opportunity ly that: objection, it is so ordered. Commission Notice N–915.022, dated Sep- (1) is provided assistance by the Depart- COMMITTEE ON THE JUDICIARY tember 2, 1988; or ment of Housing and Urban Development; Mr. DURBIN. Mr. President, I ask (5) is offensive to, or designed to change, and unanimous consent that the Com- participants’ personal values or lifestyle out- (2) is or would be located on property of side the workplace. the Department of Veterans Affairs; or mittee on Judiciary be authorized to (b) Nothing in this section shall prohibit, (3) is subject to an enhanced use lease with meet during the session of the Senate, restrict, or otherwise preclude an agency the Department of Veterans Affairs. on October 13, 2011, at 2 p.m., in SD–226 from conducting training bearing directly SEC. 417. None of the funds made available of the Dirksen Senate Office Building, upon the performance of official duties. under this Act or any prior Act may be pro- to conduct a hearing entitled ‘‘Arbitra- SEC. 409. No funds in this Act may be used vided to the Association of Community Orga- tion: Is It Fair When Forced?’’ to support any Federal, State, or local nizations for Reform Now (ACORN), or any projects that seek to use the power of emi- The PRESIDING OFFICER. Without of its affiliates, subsidiaries, or allied organi- objection, it is so ordered. nent domain, unless eminent domain is em- zations. ployed only for a public use: Provided, That SEC. 418. Concurrent with the issuance of SELECT COMMITTEE ON INTELLIGENCE for purposes of this section, public use shall any notice of funding availability or any Mr. DURBIN. Mr. President, I ask not be construed to include economic devel- other notice designed to solicit applications unanimous consent that the Select opment that primarily benefits private enti- for a program through which grants or credit Committee on Intelligence be author- ties: Provided further, That any use of funds assistance are awarded through a competi- for mass transit, railroad, airport, seaport or ized to meet during the session of the tive process, the Secretary of Transportation Senate, on October 13, 2011, at 2:30 p.m. highway projects as well as utility projects and the Secretary of Housing and Urban De- which benefit or serve the general public (in- velopment shall post on their Web sites in- hearing. cluding energy-related, communication-re- formation about such program, including, The PRESIDING OFFICER. Without lated, water-related and wastewater-related but not limited to, the goals of the program, objection, it is so ordered. infrastructure), other structures designated the criteria that will be used in awarding SUBCOMMITTEE ON GREEN JOBS AND THE NEW for use by the general public or which have grants or credit assistance, and the process ECONOMY other common-carrier or public-utility func- by which applications will be selected for the tions that serve the general public and are Mr. DURBIN. Mr. President, I ask award of a grant or credit assistance: Pro- unanimous consent that the Sub- subject to regulation and oversight by the vided, That concurrent with the public an- government, and projects for the removal of nouncement of grants or credit assistance to committee on Green Jobs and the New an immediate threat to public health and be awarded through such competitive pro- Economy of the Committee on Envi- safety or brownsfield as defined in the Small gram, the Secretary of Transportation and ronment and Public Works be author- Business Liability Relief and Brownsfield the Secretary of Housing and Urban Develop- ized to meet during the session of the Revitalization Act (Public Law 107–118) shall ment shall post on their Web sites informa- Senate, on October 13, 2011, at 10 a.m., be considered a public use for purposes of tion on each applicant to be awarded a grant in Dirksen 406 to conduct a hearing en- eminent domain. or credit assistance, including, but not lim- SEC. 410. None of the funds made available titled, ‘‘Innovative Practices to Create ited to, the name and address of the appli- Jobs and Reduce Pollution.’’ in this Act may be transferred to any depart- cant, the amount of the grant or credit as- ment, agency, or instrumentality of the sistance to be awarded, the amount of fi- The PRESIDING OFFICER. Without United States Government, except pursuant nancing expected from other sources, and an objection, it is so ordered. to a transfer made by, or transfer authority explanation of how such award is consistent f provided in, this Act or any other appropria- with program goals. tions Act. This Act may be cited as the ‘‘Transpor- PRIVILEGES OF THE FLOOR SEC. 411. No part of any appropriation con- tation, Housing and Urban Development, and tained in this Act shall be available to pay Mr. REID. Mr. President, I ask unan- Related Agencies Appropriations Act, 2012’’. the salary for any person filling a position, imous consent that Nathan Engle, a other than a temporary position, formerly f fellow in my office, be granted floor held by an employee who has left to enter AUTHORITY FOR COMMITTEES TO privileges for the duration of the con- the Armed Forces of the United States and MEET sideration of H.R. 2112, the agriculture has satisfactorily completed his period of ac- appropriations bill. tive military or naval service, and has with- COMMITTEE ON BANKING, HOUSING, AND URBAN The ACTING PRESIDENT pro tem- in 90 days after his release from such service AFFAIRS pore. Without objection, it is so or- or from hospitalization continuing after dis- Mr. DURBIN. Mr. President, I ask dered. charge for a period of not more than 1 year, unanimous consent that the Com- made application for restoration to his mittee on Banking, Housing, and f former position and has been certified by the UNANIMOUS CONSENT Office of Personnel Management as still Urban Affairs, be authorized to meet qualified to perform the duties of his former during the session of the Senate on Oc- AGREEMENT—H.R. 2112 position and has not been restored thereto. tober 13, 2011, at 10 a.m. to conduct a Mr. REID. Madam President, I ask SEC. 412. No funds appropriated pursuant to hearing entitled ‘‘Addressing Potential unanimous consent that at 4 p.m., this Act may be expended by an entity un- Threats From Iran: Administration Monday, October 17, the Senate pro- less the entity agrees that in expending the Perspectives on Implementing New ceed to the consideration of Calendar assistance the entity will comply with sec- Economic Sanctions One Year Later.’’ tions 2 through 4 of the Act of March 3, 1933 No. 155, H.R. 2112—that is the Agri- (41 U.S.C. 10a–10c, popularly known as the The PRESIDING OFFICER. Without culture Appropriations Act for fiscal ‘‘Buy American Act’’). objection, it is so ordered. year 2012—that the committee amend- SEC. 413. No funds appropriated or other- COMMITTEE ON INDIAN AFFAIRS ment be withdrawn and that the chair- wise made available under this Act shall be Mr. DURBIN. Mr. President, I ask man of the Appropriations Committee made available to any person or entity that unanimous consent that the Com- or his designee be recognized to offer has been convicted of violating the Buy mittee on Indian Affairs be authorized amendment No. 738, which consists of American Act (41 U.S.C. 10a–10c). SEC. 414. None of the funds made available to meet on October 13, 2011, at 2:15 p.m. the text of the withdrawn amendment in this Act may be used for first-class airline in room 628 of the Dirksen Senate Of- as Division A, the text of S. 1572, Cal- accommodations in contravention of sec- fice Building. endar No. 170, as Division B, and the

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.041 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6562 CONGRESSIONAL RECORD — SENATE October 13, 2011 text of S. 1596, Calendar No. 177, as Di- (B) in subparagraph (B), by striking ‘‘not The preamble was agreed to. vision C; provided further, that H.R. later than two years after the date of the en- The resolution, with its preamble, 2596, as reported by the House Appro- actment of this section and every three reads as follows: priations Committee, and Division C of years thereafter’’ and inserting ‘‘not later than two years and five years after the date S. RES. 293 amendment No. 738 be deemed House- of the enactment of this section’’; and Whereas millions of Africans and their de- passed text in H.R. 2112 for purposes of (3) by adding at the end the following new scendants were enslaved in the United States rule XVI; finally, that amendment No. subsection: and the American colonies from 1619 through 738 for the purposes of paragraph 1 of ‘‘(e) PORTFOLIO REVIEWS.— 1865; rule XVI be considered a committee ‘‘(1) IN GENERAL.—The President shall, at Whereas Africans forced into slavery were amendment. least once every 3 years, perform a review to unspeakably debased, humiliated, dehuman- The PRESIDING OFFICER. Without evaluate the allocation and delivery of re- ized, brutally torn from their families and objection, it is so ordered. sources across the countries the Peace Corps loved ones, and subjected to the indignity of serves or is considering for service. Such being stripped of their names and heritage; Mr. REID. I am going to give the portfolio reviews shall at a minimum include Whereas tens of thousands of people of Af- Chair a written test on what I just read the following with respect to each such coun- rican descent silently escaped their chains to in a few minutes. OK. try: follow the perilous Underground Railroad The PRESIDING OFFICER. I will ‘‘(A) An evaluation of the country’s com- northward towards freedom in Canada; pass with flying colors. mitment to the Peace Corps program. Whereas the Detroit River played a central ‘‘(B) An analysis of the safety and security role for these passengers of the Underground f of volunteers. Railroad on their way to freedom; MAKING A CORRECTION IN THE ‘‘(C) An evaluation of the country’s need Whereas, in October 2001, the City of De- ENROLLMENT OF S. 1280 for assistance. troit, Michigan joined with Windsor and ‘‘(D) An analysis of country program costs. Essex County in Ontario, Canada to memori- Mr. REID. Madam President, I ask ‘‘(E) An evaluation of the effectiveness of alize the courage of these freedom seekers unanimous consent that the Senate management of each post within a country. with an international memorial to the Un- now proceed to the consideration of S. ‘‘(F) An evaluation of the country’s con- derground Railroad, comprising the Tower of Con. Res. 31. gruence with the Peace Corp’s mission and Freedom Monument in Windsor and the The PRESIDING OFFICER. The strategic priorities. Gateway to Freedom Monument in Detroit; ‘‘(2) BRIEFING.—Upon request of the Chair- Whereas the deep roots that slaves, refu- clerk will report the concurrent resolu- man and Ranking Member of the Committee gees, and immigrants who reached Canada tion by title. on Foreign Relations of the Senate or the from the United States created in Canadian The bill clerk read as follows: Committee on Foreign Affairs of the House society remain as tributes to the determina- A concurrent resolution (S. Con. Res. 31) of Representatives, the President shall brief tion of their descendants to safeguard the directing the Secretary of the Senate to such committees on each portfolio review re- history of the struggles and endurance of make a correction in the enrollment of S. quired under paragraph (1). If requested, each their forebears; 1280. such briefing shall discuss performance Whereas the observance of the 10-year com- There being no objection, the Senate measures and sources of data used (such as memoration of the Underground Railroad project status reports, volunteer surveys, Memorial will be celebrated from October 19 proceeded to consider the concurrent impact studies, reports of Inspector General through October 22, 2011; resolution. of the Peace Corps, and any relevant exter- Whereas the International Underground Mr. REID. Madam President, I ask nal sources) in making the findings and con- Railroad Monument Tenth Anniversary unanimous consent that the resolution clusions in such review.’’. Planning Committee is pursuing the designa- be agreed to and the motion to recon- Amend section 8I(a) of the Peace Corps tion of an International Freedom Corridor sider be laid upon the table. Act, in the quoted material in section 2, by and the nomination of the historic Detroit The PRESIDING OFFICER. Without inserting ‘‘through September 30, 2018,’’ after River as an International World Heritage ‘‘annually’’. objection, it is so ordered. Site; Strike section 8. Whereas the International Underground The concurrent resolution (S. Con. Redesignate sections 9 and 10 as sections 8 Railroad Monument Tenth Anniversary Res. 31) was agreed to, as follows: and 9, respectively. Planning Committee recognizes that a Na- S. CON. RES. 31 Strike section 11. tional Park Service special resources study Resolved by the Senate (the House of Rep- f may establish the national significance, resentatives concurring), That, in the enroll- suitability, and feasibility of an Inter- CELEBRATING THE 10-YEAR COM- national Freedom Corridor; ment of the bill (S. 1280) to amend the Peace MEMORATION OF THE UNDER- Corps Act to require sexual assault risk-re- Whereas the designation of an Inter- duction and response training, the develop- GROUND RAILROAD MEMORIAL national Freedom Corridor would include the ment of a sexual assault policy, the estab- Mr. REID. Madam President, I ask States of Michigan, Illinois, Ohio, Wisconsin, lishment of an Office of Victim Advocacy, unanimous consent that the Senate Missouri, Indiana, and Kentucky, the De- the establishment of a Sexual Assault Advi- troit, Mississippi, and Ohio Rivers, which proceed to the consideration of S. Res. traverse portions of these States, and any sory Council, and for other purposes, the 293. Secretary of the Senate shall make the fol- other sites associated within this Inter- lowing corrections: The PRESIDING OFFICER. The national Freedom Corridor; Amend section 8C of the Peace Corps Act, clerk will report the resolution by Whereas a cooperative international part- in the quoted material in section 2 of the title. nership project is dedicated to education and bill, by adding at the end the following new The bill clerk read as follows: research with the goal of promoting cross- subsection: A resolution (S. Res. 293) celebrating the border understanding as well as economic de- ‘‘(e) SUNSET.—This section shall cease to 10-year commemoration of the Underground velopment and cultural heritage tourism; be effective on October 1, 2018.’’. Railroad Memorial, comprised of the Gate- Whereas, over the course of history, the Amend section 8D of the Peace Corps Act, way to Freedom Monument in Detroit, United States has become a symbol of de- in the quoted material in section 2 of the Michigan, and the Tower of Freedom Monu- mocracy and freedom around the world; and bill, by adding at the end the following new ment in Windsor, Ontario, Canada. Whereas the legacy of African Americans is interwoven with the fabric of democracy subsection: There being no objection, the Senate ‘‘(g) SUNSET.—This section shall cease to and freedom in the United States: Now, be effective on October 1, 2018.’’. proceeded to consider the resolution. therefore, be it Amend section 8E of the Peace Corps Act, Mr. REID. Madam President, I ask Resolved, That the Senate celebrates the in the quoted material in section 2 of the unanimous consent that the resolution 10-year commemoration of the Underground bill— be agreed to, the preamble be agreed Railroad Memorial, comprised of the Gate- (1) in subsection (c), by striking ‘‘The to, the motions to reconsider be laid way to Freedom Monument in Detroit, President shall annually conduct’’ and in- upon the table, with no intervening ac- Michigan and the Tower of Freedom Monu- serting ‘‘Annually through September 30, tion or debate, and any related state- ment in Windsor, Ontario, Canada. 2018, the President shall conduct’’; ments on this matter be printed in the Mr. REID. Madam President, I sug- (2) in subsection (d)— gest the absence of a quorum. (A) in subparagraph (A), by striking ‘‘a bi- RECORD. ennial report’’ and inserting ‘‘a report, not The PRESIDING OFFICER. Without The PRESIDING OFFICER. The later than one year after the date of the en- objection, it is so ordered. clerk will call the roll. actment of this section, and biennially The resolution (S. Res. 293) was The bill clerk proceeded to call the through September 30, 2018,’’; and agreed to. roll.

VerDate Mar 15 2010 02:15 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.057 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6563 Mr. REID. Madam President, I ask ate completes its business today, it ad- ADJOURNMENT UNTIL MONDAY, unanimous consent that the order for journ until 2 p.m. on Monday, October OCTOBER 17, 2011, AT 2 P.M. the quorum call be rescinded. 17; that following the prayer and the The PRESIDING OFFICER. Without pledge, the Journal of proceedings be Mr. REID. Madam President, if there objection, it is so ordered. approved to date, the morning hour be is no further business to come before f deemed expired, the time for the two the Senate, I ask unanimous consent UNANIMOUS CONSENT AGREE- leaders be reserved for their use later that it adjourn under the previous MENT—EXECUTIVE CALENDAR in the day; that following any leader order. remarks, the Senate be in a period of Thereupon, the Senate, at 6:24 p.m., Mr. REID. Madam President, I ask morning business until 4 p.m., with adjourned until Monday, October 17, unanimous consent that on Monday, Senators permitted to speak therein October 17, at 5:15 p.m., the Senate pro- for 10 minutes each; that at 4 p.m. the 2011, at 2 p.m. ceed to executive session to consider Senate proceed to H.R. 2112, the vehicle Calendar No. 271; that there be 15 min- for the Agriculture, CJS, and Transpor- f utes for debate equally divided in the tation appropriations bills, as provided usual form; that upon the use or yield- under the previous order; further, that CONFIRMATIONS ing back of time, the Senate proceed to at 5:15 p.m., the Senate proceed to ex- vote with no intervening action or de- ecutive session under the previous Executive nominations confirmed by bate on Calendar No. 271; the motion to the Senate October 13, 2011: reconsider be considered made and laid order. upon the table, with no intervening ac- The PRESIDING OFFICER. Without THE JUDICIARY objection, it is so ordered. tion or debate, and any related state- ALISON J. NATHAN, OF NEW YORK, TO BE UNITED ments be printed in the RECORD; that f STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK. the President be immediately notified PROGRAM SUSAN OWENS HICKEY, OF ARKANSAS, TO BE UNITED of the Senate’s action and the Senate STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT then resume legislative session. Mr. REID. Madam President, I appre- OF ARKANSAS. ciate the courtesy of the Presiding Of- KATHERINE B. FORREST, OF NEW YORK, TO BE UNITED The PRESIDING OFFICER. Without STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT objection, it is so ordered. ficer, the patience of the Chair and all OF NEW YORK. the staff for working through this f afternoon to get where we are. It will DEPARTMENT OF STATE ORDERS FOR MONDAY, OCTOBER make next week go smoother. SUNG Y. KIM, OF CALIFORNIA, A CAREER MEMBER OF 17, 2011 THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, The next rollcall vote will be at 5:30 TO BE AMBASSADOR EXTRAORDINARY AND PLENI- Mr. REID. Madam President, I ask on the confirmation of the Bissoon POTENTIARY OF THE UNITED STATES OF AMERICA TO unanimous consent that when the Sen- nomination. THE REPUBLIC OF KOREA.

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