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

Vol. 156 WASHINGTON, TUESDAY, JULY 20, 2010 No. 107 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a work and struggling to make ends called to order by the Honorable Senator from the State of New Hampshire, meet in a terrible recession. JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. Ordinarily, this is not a controversial State of New Hampshire. DANIEL K. INOUYE, piece of legislation. Everyone agrees President pro tempore. we should help people who are strug- PRAYER Mrs. SHAHEEN thereupon assumed gling to get back on their feet and keep the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- food on the table. Unfortunately, the pore. fered the following prayer: President has decided to turn this de- Let us pray. f bate into a political exercise. Eternal God, in whom we live and RECOGNITION OF THE MAJORITY In his weekly radio address over the move and have our being, from whom LEADER weekend and again yesterday at the we come and to whom we go at last, White House, the President accused Re- The ACTING PRESIDENT pro tem- quiet our spirits and give us the grace publicans of doing something we have pore. The majority leader is recog- to faithfully serve You during these not done. In doing so, he cheapens po- nized. challenging times. Lead our Senators litical discourse and does a disservice to do justly, to love mercy, and to walk f to the people this bill is meant to help. As a former Senator, the President is humbly before You. May they offer to SCHEDULE You their bodies, minds, and spirits in well aware of how the Senate works. service, that they may fulfill Your pur- Mr. REID. Madam President, fol- He knew today’s vote to extend these pose for humanity. Lord, give them lowing any leader remarks, there will benefits had already been scheduled joyful and dauntless hearts, prepared be a period of morning business. Sen- days before he told the Nation, in two for surprises and ready always for fresh ators will be allowed to speak for up to national broadcasts, that Republicans opportunities. Infuse them with the be- 10 minutes each. That will be until were holding it up. He also knew it lief that You can accomplish what 12:30 p.m. today. The time will be would pass. But he intentionally im- seems to be humanly impossible. equally divided and controlled between plied otherwise, leaving the public We pray in Your powerful Name. the two leaders or their designees. The without all the facts. Amen. majority will control the first 30 min- So here are the facts: Republicans utes, the Republicans will control the support extending benefits to the un- f next 30 minutes. employed. As the President himself PLEDGE OF ALLEGIANCE The Senate will recess from 12:30 p.m. said yesterday, we have repeatedly to 2:15 p.m. for our weekly caucus voted for similar bills in the past, and The Honorable JEANNE SHAHEEN led meetings. At 2:15 p.m., CARTE GOODWIN we are ready to support one now. What the Pledge of Allegiance, as follows: of West Virginia will be sworn in as we do not support—and we make no I pledge allegiance to the Flag of the Senator from West Virginia to replace apologies for this—is borrowing tens of United States of America, and to the Repub- Senator Byrd. Then, at 2:30 p.m., there lic for which it stands, one nation under God, billions of dollars to pass this bill at a indivisible, with liberty and justice for all. will be a cloture vote with respect to time when the national debt is spin- H.R. 4213, legislation extending unem- ning completely out of control. f ployment insurance benefits. That is why Republicans have pro- APPOINTMENT OF ACTING f posed an alternative bill five times PRESIDENT PRO TEMPORE that would enable us to extend these RECOGNITION OF THE MINORITY benefits without adding a nickel to the The PRESIDING OFFICER. The LEADER clerk will please read a communication debt—a bill Democrats have repeatedly The ACTING PRESIDENT pro tem- to the Senate from the President pro rejected. pore. The Republican leader is recog- There should be no doubt as to what tempore (Mr. INOUYE). nized. constitutes fiscal responsibility in this The assistant legislative clerk read debate. Last November, the President the following letter: f himself described a bill to extend un- U.S. SENATE, FISCAL RESPONSIBILITY employment benefits as fiscally re- PRESIDENT PRO TEMPORE, Washington, DC, July 20, 2010. Mr. MCCONNELL. Madam President, sponsible because it did not add to the To the Senate: later today, the Senate will vote to ex- debt. So according to the President’s Under the provisions of rule I, paragraph 3, tend Federal unemployment benefits to own logic, Democrats who vote to pass of the Standing Rules of the Senate, I hereby millions of Americans who are out of this bill and add nearly $34 billion more

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

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VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6002 CONGRESSIONAL RECORD — SENATE July 20, 2010 to the national debt will be doing so in paying their unemployment benefits. I minutes and the Republicans control- a fiscally irresponsible way, and Re- think most Americans see the connec- ling the next 30 minutes. publicans who insist on passing it with- tion here. The Senator from Illinois. out adding to the debt are being re- The President also tried to score po- f litical points yesterday by sponsible. UNEMPLOYMENT INSURANCE The fact is, this debate is not about mischaracterizing the debate over the unemployment insurance. There is no small business bill. Here is another bill Mr. DURBIN. Madam President, this debate in the Senate about whether we that both parties support. Yet the afternoon is a historic moment in the should pass a bill. Everyone agrees we President would have the American history of this great Chamber. Our be- should. This debate is about whether, people believe that somehow we are loved and now departed Senator from in extending those benefits, we should trying to hold it up just because the West Virginia, Robert C. Byrd, will be add to the debt. majority leader would rather move on succeeded in office with a temporary If Democrats were as concerned to some of his other legislative prior- appointment from West Virginia, and about passing this bill as they say they ities than have a vote on a couple of we will swear in his successor at 2:15 are, they would find a way to do it amendments to this bill that would this afternoon. A few minutes later, without adding to the debt. After all, help to create more jobs. the Senate will take up a historic there is no law that says we are re- So either the President is mis- measure. It is a question of whether we quired to exacerbate one crisis in an ef- informed about what has been going on should provide unemployment benefits fort to alleviate another. Most Ameri- over here or he is deliberately to the millions of Americans who have cans I talk to think a $13 trillion debt mischaracterizing the situation. The lost their job, through no fault of their is one crisis we cannot afford to put off fact is, the Senate is already on this own, and are victims of this recession. any longer. bill and both sides have offered im- In my home State, 115,000 people If Republicans have done anything provements. If the President wants to have fallen off the unemployment rolls wrong in this debate, it was to under- criticize someone for slowing it down, while we have debated whether to ex- estimate how committed Democrats he should point the finger at his own tend unemployment benefits. Across are to spending money we do not have. party for repeatedly taking it off the America, 1.2 million Americans have Given the choice to extend these bene- floor, which brings me to the supple- lost basic unemployment benefits. fits without adding to the debt or al- mental war spending bill. What do these benefits mean to these lowing them to expire, Democrats I will remind my colleagues the Sec- families out of work? Literally, bread chose the latter on five separate occa- retary of Defense has indicated that on the table; literally, whether the sions. They do not seem to appreciate failure to pass this bill before the Au- lights go on when you flick the switch; the fact that by adding to the national gust recess could actually keep our sol- literally, whether they have a roof over debt, they are increasing the long-term diers and marines from getting paid, a their heads. This did not use to be a political burden on everyone—the unemployed, point he reiterated in a letter to the issue. We did not get involved in a par- the employed and our children and majority leader, sent yesterday. tisan debate about unemployment ben- grandchildren who will have to pay for So what is the holdup? efits when it came to other Presidents. it. Some Democrats in the House do not But under this President, Barack The President likes to point out that want to pass this funding for our troops Obama, the Republicans have decided Congress has added to the debt in years unless the Senate agrees to tack on bil- to take a stand and the stand says this: past. What he does not mention is we lions in unrelated domestic spending. When it comes to people who are vic- were not in the middle of a debt crisis It is time for House Democrats to get tims of this recession, we will not help then. We were not being lectured by serious and stop holding our troops them unless we find some way to add a the French about the need to cut back hostage. Let’s strip this unrelated new tax or cut some spending in other on our spending. People were not riot- funding and pass this war funding bill. ing in Greece. We did not have a Presi- Yesterday, the Democratic chairman areas. That was never the standard before. dent who came into office with a list of of the House Armed Services Com- We viewed this as an economic emer- legislative priorities that would double mittee made it clear that he recognizes gency, which we responded to, to get the national debt in 5 years and triple the need for the Senate to pass the it in 10. America back on its feet. troop funding bill quickly and get it to Those who are involved in watching The President also says Republicans the President’s desk. are playing politics in this debate. But our budget and our deficit and our Every Member of this Chamber economy, such as Bob Bixby, the presi- by pointing the finger at Republicans, should unite behind this goal. The De- he is attempting to deflect attention dent of the Concord Coalition, puts it fense Department finds itself in the very clearly. Mr. Bixby says: not only from his own party’s unwill- last weeks of the fiscal year with little As a deficit hawk, I wouldn’t worry about ingness to take the debt seriously, he flexibility to meeting funding short- is attempting to deflect attention from extending unemployment benefits. It is not falls of the operations and pay for our going to add to the long-term structural def- Democrats’ own fiscal recklessness and forces in the field. That leaves it to us icit, and it does address a serious need. I just its potential consequences for our fu- to act, and I suggest we do so this feel like unemployment benefits wandered ture. week. onto the wrong street corner at the wrong None of us likes to see good people I yield the floor. time, and now they are getting mugged. struggling to find work. We all f That is Bob Bixby of the Concord Co- empathize with the people the Presi- alition. dent highlighted yesterday at the RESERVATION OF LEADER TIME What about David Brooks? I respect White House. But let’s not forget the The ACTING PRESIDENT pro tem- David Brooks, a conservative Repub- role this administration’s own policies pore. Under the previous order, the lican writer but a thinker. Here is what have played in all this. leadership time is reserved. he says, in writing in the New York If ever there was an indictment of f Times last week about unemployment this administration’s economic agenda, benefits: MORNING BUSINESS it was yesterday’s press conference. Well, there’s a few short-term things you The administration asked taxpayers to The ACTING PRESIDENT pro tem- can do [about this economy]. First, extend foot the bill on a $1 trillion stimulus pore. Under the previous order, the unemployment insurance; that’s a foolish that he claimed would create 4 million Senate will now be in a period of morn- place to begin budget-balancing. jobs. A year and a half later, the Presi- ing business until 12:30 p.m., with Sen- David Brooks knows what we all dent is standing with three chronically ators permitted to speak therein for up know: a dollar handed to an unem- unemployed Americans, some of the to 10 minutes each, with the time ployed person is spent almost imme- victims of a 9.5-percent unemployment equally divided and controlled between diately, recirculates through the econ- rate, asking taxpayers for another $34 the two leaders or their designees, with omy, and creates $1.60 in economic ac- billion in deficit spending to continue the majority controlling the first 30 tivity. It is the best way to create

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6003 more consumer demand—more demand unemployment is over. I am 2 months late this social contract. But oh, no, for goods and services and greater op- away from living in my car. not our Senate. We had to dilly-dally portunities for jobs, while it provides The third was a man who had been around for month after month with the the basic necessities of life for those out of work for over a year; a produc- obstructionist tactics of the other side, who are out of work. tive, good man who was clearly broken using out-of-date procedures of this in- But when it comes to this issue, the by this experience but determined to stitution that belong in another cen- Republicans have said: No, we are keep trying. He was cut off from unem- tury and another economy. going to take a stand on the deficit and ployment benefits by a Republican My constituents are frustrated. They we are going to take a stand when it Party which will not join us in what are frustrated about their lives, they comes to unemployed people because has been a bipartisan effort under are frustrated about the direction of the deficit is a serious issue. Presidents, both Republican and Demo- the country, and they are sure frus- I agree with them; it is a serious crat. trated with the Senate—and put me in issue. But last week, the Republican This afternoon we have a chance to that corner. It is time we not only get minority whip, JON KYL of Arizona, stand for those people in Illinois, in the country moving, it is time we get was asked: Well, let me ask you about New Hampshire, in Maryland, and in the Senate moving. We have to first tax cuts for the wealthiest people in Kentucky. We have a chance to say we look at reform for ourselves, and I America. If you cut taxes, doesn’t that as an American family stand together, want everyone here to know I am on add to the deficit? It is hard to argue we care for our own, we help our own. the side and definitely part of the re- that it doesn’t. We are going to help them get back to form movement in this institution to They said to JON KYL of Arizona: So a life of productive activity, paying get rid of out-of-date procedures that you don’t want to add to the deficit; taxes, and retiring our deficit. belong to another century whose only you don’t want to make it worse, so we We remember on the Republican side job is not to slow us down so that we do would have to pay for or find some new not that long ago under President Bush due diligence but that we don’t do any- revenue or some cut for tax cuts; cor- when the national debt of America dou- thing at all. rect? Senator KYL said: No; tax cuts bled under President Bush, from $5 tril- Right now, we have a compelling don’t count when it comes to the def- lion worth of accumulated debt in the need in our country. People who have icit. history of the United States of Amer- been laid off through no fault of their So here is the double standard. The ica to the day when President Bush left own do need that safety net. Our fail- double standard says when we are help- office and the national debt was $12 ure to act has brought untold harm to ing unemployed people in America, it trillion. It more than doubled with the people. When we left for the Fourth of is a deficit problem, but if we are giv- budgets offered by President Bush July, I couldn’t believe we walked out ing tax breaks to the wealthiest people under his administration. In those to carry the flag and say: Let’s hear it in America, it is not a deficit problem. days, Vice President Cheney used to for the red, white, and blue, and we That kind of double standard is fun- say: Deficits don’t count. were going to leave America without damentally unfair. When it comes to Well, they count. income insurance that they themselves unemployed Americans who lost their We are going to bring ourselves out had paid into to be able to get. We for- jobs through no fault of their own, of this deficit crisis, but first we are get that for part of the insurance, pri- Americans literally faced with living going to get this economy moving, cre- vate sector employers pay into it and in their cars, the Republicans tell us: ate the jobs and put people back to so do the workers. It is insurance. When I went around Maryland during Sorry, we can’t help; the deficit just re- work. Until we do that, the deficit just the break, whether it was the workers quires us to say no to unemployed gets worse. themselves—people who had jobs—and Americans. But when it comes to This afternoon we have a chance to even those who were well off said: Why wealthy Americans who are living com- give a helping hand to people who have can’t you pass unemployment insur- fortably, Americans who can take a tax lost their jobs through no fault of their ance. If you can’t do that, you can’t do cut and buy a new car, the Republicans own and need just a little assistance anything. And they were absolutely from us as a nation so they can move say that is all right; we can give those right. tax cuts to the wealthy; it doesn’t hurt forward and help this Nation move for- When I talked to the workers, I saw the deficit. It makes no sense. ward again. in their eyes the loss of energy, the Why are we in this situation today? I yield the floor. loss of hope, and the loss of hope about We are here because of the worst eco- The ACTING PRESIDENT pro tem- a way of life, such as in manufacturing nomic recession since the Great De- pore. The Senator from Maryland. where in some areas it is being chal- pression. This President inherited it Ms. MIKULSKI. Thank you, Madam lenged. It is terrible to lose a job and from Republican Bush economic poli- President. then to lose unemployment insurance— cies that failed America, and in that I wish to thank the Senator from Illi- no job, no income, no hope. Wow. What failure the victims can be found in nois for his remarks and his leadership a bitter pill. every community across our great Na- on this topic because I feel the same The Baltimore Sun in an editorial tion. I met with three of them in Chi- way. pointed out how unemployment bene- cago on Sunday. We sat down and Finally, finally, finally, we are going fits are helping the U.S. economy. This talked about what life is like when you to vote and have enough votes to pass isn’t BARB MIKULSKI, a moderate lib- are out of work for more than a year— the extension of unemployment insur- eral talking about it. This is hard- more than a year. ance—unemployment insurance. It is nosed analysis saying, in Maryland, One was a veteran, a man who had insurance against being unemployed. why it is good for the Maryland econ- served in our Coast Guard and worked That is what it is. It is not some grant. omy. Unemployment compensation for years and years in the advertising It is not some giveaway. It is not an would help put $819 million into our business in Chicago. He has MS and earmark. It is insurance. It is social in- economy for the fiscal year ending now he has no paycheck and now he surance, created by the United States June 30. has no health insurance. If the VA will of America in partnership with the pri- Over 17,000 Marylanders have lost not cover some of his needs, he is on vate sector and the people who work their unemployment insurance. In our his own. every day so that when they hit a speed State, unemployment insurance cer- Another was a young woman. She bump and have to be laid off through tainly isn’t lavish. The average is $312 was a woman who worked hard and had no fault of their own, there will be a a week. The maximum is $410 a week. a good job and lost it a year ago but safety net so they do not fall. It is in- In our State, it is only enough to pay has been looking ever since. Every day, surance. It is social insurance. It is a electricity or rent or for food, but it is she is on the Internet, answering the social contract, and it is a social com- certainly not some big lavish program. ads, doing everything she can. pact. This is what the insurance is meant to She said: I am almost afraid to come In my mind, it is like having a treaty do. It is meant to be a safety net. to this press conference. I don’t want with the American people. We don’t In our country people believe if they my landlord to see me and realize my violate treaties, and we shouldn’t vio- work hard and they play by the rules,

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6004 CONGRESSIONAL RECORD — SENATE July 20, 2010 the rules should be on their side. Well, store. They are buying clothes for their My husband is one of the 83,000 Ohioans hello. We make the rules. We rule. So kids. They are paying rent, paying util- who lost unemployment benefits in June. He let’s rule out this endless delay. ities. They serve as an economic stim- was working in the same job for 14 years Today, I want us to pass this exten- ulus. It is not just helping those indi- until he was recently laid off. Our family has viduals, it is an economic stimulus, as struggled to keep the bills paid. Our mort- sion, and I want us to remember this is gage has been consistently one month be- social insurance. I have sat here and Senator MCCAIN’s top aide and his top hind. And each month, more late fees are listened to the debate minimizing and economic adviser in his Presidential tacked on. Now that his unemployment ben- trivializing workers: Oh, unemploy- campaign said. This is the best kind of efits have expired, our utility bills are now ment is a way to discourage people to stimulus for the economy. Put a dollar one month behind. Please help to get this ex- look for work. I don’t know who these in somebody’s pocket for unemploy- tension passed. people talk to. Maybe they are too ment insurance and they spend it, and This is exactly what I hear from con- busy fundraising to talk to people. it is spent over and over in the commu- stituent after constituent in Ohio. Maybe they are too busy trying to ex- nity. They work hard. Many have worked tend those Bush tax credits that added President Obama said yesterday that the same jobs for years, and many have very little to our economy but added a there has been a tradition under both been in the same line of work for 10 to lot to our debt. Maybe they are too Democratic and Republican Presidents 20 years. These are not lazy people who to offer emergency relief to the unem- busy. I am not too busy. I enjoy being don’t want to work. They lost their ployed. When the economy is bad, that out there with the people, listening to jobs through no doing of their own. is when we need to do this. For the Re- the stories of their lives. What does it They have nowhere to turn, and their publicans to say we need to cut other mean to public policy? unemployment benefits have run out. programs to pay for this—they never What they want us to do is get off of I ask my colleagues—today we have our filibuster, pass this extension, and said that when we were spending hun- dreds of billions of dollars on the wars another chance to vote to join us in at least let people have a safety net. helping Jillian and others. Then let’s continue to concentrate on in Iraq and Afghanistan. They didn’t say pay for that; they said charge that Larry is from Shelby County, an- helping create jobs in the private sec- other rural county close to the Indiana tor in the United States of America by to our grandchildren. They didn’t say pay for it when it border, a town called Sidney, the coun- passing the Landrieu-Snowe small was a bailout to the drug and insurance ty seat. He wrote: business bill and actually do something companies in the name of Medicare pri- The lack of movement on extending unem- of which we can be proud. vatization; they said just bill that to ployment benefits is causing major system Madam President, I yield the floor. devastation to workers unable to find em- The ACTING PRESIDENT pro tem- our grandchildren. When it was tax cuts for the rich— ployment. Loss of these benefits has become pore. The Senator from Ohio. devastating to me and my family. The ex- Mr. BROWN of Ohio. Madam Presi- and some of our Republican Senate col- leagues said it again this last week—we treme added emotional and financial stress dent, I join with Senator MIKULSKI has exacerbated an otherwise manageable don’t pay for tax cuts for the rich; we from Maryland and her comments physical condition into a borderline dis- just add it to our children’s and our about extending unemployment bene- ability. I do not want to lose my capacity to grandchildren’s credit cards and their fits. search for and secure employment due to We all know these numbers. In my tax burden in the future. But when it physical stress brought on by economic hard- State, 47,000 Ohioans lost their unem- comes to workers, they look at it dif- ship. Please fight to extend these critical ferently. Tax cuts for the rich, a bail- benefits. ployment benefits. At the end of June, out for the drug and insurance compa- that number increased dramatically to So often, what my Republican col- nies, spending it on the war in Iraq and more than 90,000. If we don’t pass the leagues seem to think is that people Afghanistan, it is OK. But it is not OK extension today, or this week, at the don’t have to go out and look for work, to spend it on unemployed workers. end of July more than 80,000 additional but they are out looking for work. So I just am not sure my colleagues These people are not staying home not Ohioans will lose their benefits. These ever put a human face on this. They numbers are incredible. I think it is trying to find a job. To receive unem- just see these as numbers. I don’t know ployment benefits, you have to dem- important to put a human face on how many of my colleagues sit down these numbers, in large part because 41 onstrate to the local employment of- and listen to unemployed workers who fice that you are looking for a job. Members of the Senate, overwhelm- have lost their jobs—a worker who lost ingly Republicans and one Democrat, With all of the economic hardships her job, then she lost her health insur- and the troubles and potential loss of have consistently voted to filibuster, ance and had to explain to her children car, house, job, and potentially insur- to block extending unemployment in- that: We are going to have to move be- ance, there is also an emotional toll surance. cause we are going to have our house taken on people. Larry illustrates that. I guess the reason for that is they foreclosed on; we cannot afford the think of these as numbers. They don’t mortgage. They are going to switch Richard is from Summit County, the think of these as people because I can- school districts, with all of the uncer- Akron area. He wrote: not imagine, when they call their tainties. Can you imagine that—sitting I am a 67-year-old American who has names out in the well and they respond down with your children and doing worked for more than 50 years of my life. I and say no over and over and over, as that? It is happening all too often that got laid off last year and had been receiving has happened over the last 7 weeks—it unemployment benefits since then. I was people are explaining to their children thankful for it because it helped me make is just an amazing thing to me. I think that they are going to have to move, my colleagues who vote no, the 39 or 40 my house payments. But when I got cut off they are not going to have their own last month, I went into panic mode. My Republicans who vote no, must see this room anymore and they will not go to blood pressure shot up and I ended up in the unemployment insurance as welfare. I the same school, and they will not be ER. I have never felt so scared and uncertain know some of them think that. But it able to buy the tennis shoes they of the future as I am now. I didn’t plan to is insurance. We don’t call it unem- thought they would get. All those stop working. It just happened. I am headed ployment welfare, we call it unemploy- kinds of discussions are happening all to the welfare office today. ment insurance. over America, in part because people I just hate what this country has become That means they pay in when they are losing their unemployment insur- where Senators can’t relate to us common folk. Is there any hope for us? are working, and they get help when ance. they are not. That is done to help indi- I will share four brief letters with my The answer is yes. With the appoint- vidual people, of course. It matters to colleagues. This is trying to help peo- ment of a new Senator from West Vir- the community because the dollars ple understand that real people are los- ginia, we will likely have the 60th vote. they get in their pockets, the $300, $320, ing their unemployment benefits. It is We have 39 Republicans and 1 Demo- roughly, that people get a week on av- a real hardship. crat who have voted consistently to erage in unemployment insurance are First is Jillian from Holmes County allow us to filibuster. A majority of us, spending it at the local drugstore. in Millersburg, OH, one of the smallest, 59, have voted—the Presiding Officer They are spending it at a local grocery least populous counties. She wrote: and I and 57 others have consistently

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6005 voted to extend unemployment bene- This legislation is every bit as impor- nesses in the communities where the fits. Yet, because of a minority of 41, tant to our economy as it is to those unemployed are living. In fact, con- they have been able to stop the debate who are struggling to get by. Nearly 7 servative economist Mark Zandi, a and this bill from moving forward. million people, or half of all Americans former adviser to Senator MCCAIN, has Look at the stress it has caused Rich- collecting unemployment insurance, cited unemployment insurance as one ard and the anguish it has caused have been out of work for 6 months or of the three most effective uses of Fed- Larry from Shelby County. Look at longer. They have run out of the insur- eral funding. According to his analysis, what Jillian and her husband are fac- ance that is provided by their State. every dollar we invest today will create ing. These are the workers who will collect $1.61 in economic growth. Here is the last letter. This is from this Federal unemployment extension, When I was Governor, after the Sep- Joan from Montgomery County, which which they are using, as my colleagues tember 11 attacks, when this country is Dayton: have said—the Senator from Ohio, with went into a recession, one of the first I am an unemployment accountant with a his letters, was eloquent as he reported things we did in New Hampshire was to college degree. I was laid off last year when on the people from Ohio who are talk- increase unemployment benefits be- my small law firm merged with a larger one. ing about why they need this to pay cause we knew what Mark Zandi said There was no position for me in the new firm. I decided to go back to school, using up their rent, to make mortgage pay- was correct—that people would put much of my retirement and my husband’s ments, to buy groceries, and to put gas that money back into the economy, savings. I reduced my hours at school and in their cars to go out and look for help stimulate the economy, and help went part-time. I was able to collect unem- their next job. create economic growth. We did that ployment benefits, but since it has run out, As the Senator said so eloquently, with bipartisan support from a Repub- my savings are dwindling rapidly. sometimes the real people whom this lican legislature. I don’t know what Given the high level of unemploy- legislation affects are forgotten during has changed in the last 9 years since ment in Ohio, extending federal unem- this debate. While Members of this September 11 that we have our col- ployment benefits is imperative. We body stand and give economic lessons leagues on the other side of the aisle can’t afford further delay. Two weeks and talk about the macro situation, who, by and large, say we can’t support is a long time for someone whose only there are honest hard-working people unemployment benefits and extending means of support is unemployment out there who are suffering because of those benefits but we can have tax cuts benefits. I hope the Senate passes an our failure to act. for the wealthy without funding those. extension in the next few days. I recently heard from a woman in There is something wrong with that As I said to her, we hope we will do Canterbury, NH, named Jo Ellen. She kind of logic. that today, and the President will sign is a professional psychiatric nurse with These benefits that, hopefully, we are it quickly and the benefits will go out. a graduate degree. She had a good job going to pass today will help people all I hope more than a couple of Repub- until she was laid off because of cut- across America invest in their commu- licans will join us so we can pass this backs to our mental health system. nity. At a time like this, with our with a significant vote. Some of these She is in her sixties and has been work- economy poised to turn the corner, this are people who have gone back to col- ing since she was 11 years old. Since funding is critical to our future. Quite lege, and they work hard. They are being laid off, she has applied for doz- simply, these are investments we can’t people who have been in the workplace ens of jobs, from part time to retail po- afford not to make. for 10, 20, 30 years. They have a good sitions. She has cut back on her profes- I am pleased to join my colleagues, work ethic. sional experience on her resume so that and I hope we will get those 60 votes Again, Joan is from Montgomery she is not ruled out for being overquali- and extend the unemployment benefits County—a county that has been hit es- fied. She always mentions that she is for millions of Americans. pecially hard, as DHL shut down there willing to accept any salary, but none- I yield the floor and suggest the ab- and the GM plant shut down, and Na- theless she has not yet been called for sence of a quorum. tional Cash Register up and moved to an interview—not once. The PRESIDING OFFICER. The Atlanta. There have been some good Jo Ellen wrote to me not just be- clerk will call the roll. things happening but not enough. That cause her unemployment was going to The legislative clerk proceeded to is why we need to extend these benefits run out but because she is so troubled call the roll. today, get this done so we can focus on by what she keeps hearing from people Mr. KAUFMAN. Mr. President, I ask job creation and help people get back who voted against the extension of un- unanimous consent the order for the to work. employment benefits, who say that quorum call be rescinded. I yield the floor and suggest the ab- people who are collecting unemploy- The PRESIDING OFFICER. (Mr. sence of a quorum. ment are irresponsible or that they are The ACTING PRESIDENT pro tem- UDALL of New Mexico). Without objec- not looking for a job, they are looking pore. The clerk will call the roll. tion, it is so ordered. The legislative clerk proceeded to for a handout. Jo Ellen is not looking Mr. KAUFMAN. Mr. President, I ask call the roll. for a handout; she is looking for a job. unanimous consent to speak as in (Mr. BROWN of Ohio assumed the While we still face one of the most morning business for up to 10 minutes. chair.) difficult job markets in history, with The PRESIDING OFFICER. Without Mrs. SHAHEEN. Mr. President, I ask five applicants for every one job, we objection, it is so ordered. unanimous consent that the order for need to make sure people such as Jo f Ellen stay afloat. There are millions of the quorum call be rescinded. CLEAN ENERGY The PRESIDING OFFICER. Without people across this country who are just objection, it is so ordered. like Jo Ellen, who are working hard, Mr. KAUFMAN. Mr. President, 2 Mrs. SHAHEEN. Mr. President, I am who want to find a new job, who are years ago for the first time global in- pleased, though frustrated, like my col- one step away from disaster if they vestments in clean energy technology leagues, to be here this morning on the don’t get an extension of unemploy- exceeded those for fossil fuels. This is floor to talk about the critical need to ment benefits. clearly a trend that will continue, and extend unemployment insurance. In New Hampshire, 20,000 people a good trend. Unfortunately, America Across the Nation, there are almost could see their unemployment insur- is not keeping up with the clean energy 15 million Americans who are out of ance expire within the next 4 months if revolution. Today, 90 percent of the work, and although we are making we don’t act. By supporting the legisla- market for production of clean energy progress on our unemployment rate, it tion today, we can make sure New is outside the United States. We are is still too high at 9.5 percent. We need Hampshire’s unemployed workers re- losing the race to develop those tech- to extend unemployment insurance, ceive $75 million in essential Federal nologies in nearly every market. and we need to do it now, today, before assistance. This money, as has been Of the top 10 solar panel companies one more family is put on the street pointed out, won’t sit quietly in sav- in the world, only 1 is American. Simi- and before one more child goes to bed ings accounts; it will go to grocery larly, of the top 10 wind turbine manu- hungry. stores, pharmacies, and small busi- facturers, only 1 is American. And of

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6006 CONGRESSIONAL RECORD — SENATE July 20, 2010 the top 10 advanced battery manufac- nology have reduced the cost from 30 order to protect our interests in oil. It turers, only 2 are American. cents per kilowatt hour in the early reduces our leverage and forces us to For decades we have talked about the 1980s to less than 5 cents per kilowatt make oil security part of our inter- need to reform our Nation’s energy pol- hour today. The Obama administration national diplomatic and military strat- icy. Every President since Franklin as well as cities and States across the egies. Delano Roosevelt has included energy country have recognized the potential Furthermore, because we consume 25 reform in their policy agenda, and in for these technologies. In fact, the en- percent of the world’s oil, our high de- virtually every Congress we passed an ergy provisions of the Recovery Act mand drives up prices worldwide. So no energy bill. But these efforts have not represent the largest single investment matter from whom we choose to buy been successful in revolutionizing our in clean energy in American history. oil, oil-rich nations, some of which are Nation’s energy system because they The truth is, as much as that is, it is unstable and hostile to the United did not go far enough. Our oil imports still not nearly enough. The rest of the States, will reap the benefits. have tripled since 1974. Today we rely world also faces an economic recession, This dependence on oil also leaves us on fossil fuels to meet 86 percent of our energy insecurity, and carbon pollu- vulnerable to price manipulation by energy needs and we are one of the tion, and many countries have also entities such as OPEC, which can influ- largest contributors to global carbon begun to take significant steps to tran- ence global oil prices at any time, as pollution. sition to a new clean energy economy, they have done so many times in the The truth is simple and unmistak- including China. past. We have the opportunity now to able. If we want to move away from We have some things in common with make this right. We can eliminate the dirty fossil fuels, we need to put a price China. We each contribute roughly 20 threat of foreign oil to our national se- on carbon pollution and we need to do percent of the world’s carbon pollution, curity by transitioning to a clean en- it now. Putting a price on carbon will and we both rely heavily on foreign oil ergy economy. We can harness Amer- reflect the true costs of our energy to meet our energy needs. However, ican ingenuity and regain our competi- sources and enable market forces to China is outpacing the U.S. invest- tive edge in the global markets. We can drive American ingenuity to develop ments in clean energy. From 2005 to create hundreds of thousands of new clean energy technologies that will 2009, China’s investment in clean en- jobs in America for generations to create jobs, enhance U.S. competitive- ergy increased by 148 percent. This come. ness, strengthen national security, and surge of financing led China to surpass By putting a price on carbon, we will cut carbon pollution. the United States for the first time send a signal to investors, industries, We are in the worst economic reces- last year, spending nearly twice as manufacturers, and global competitors sion our country has seen since the much on renewable energy technology. that the future of the American econ- Great Depression. We need to invest in China is now the largest manufac- omy lies in clean energy. Pricing carbon is the most cost-effec- sectors of the economy that can create turer of wind turbines and the largest tive policy tool available to transition jobs today and then long into the fu- manufacturer of solar panels, 95 per- the United States away from dirty fos- ture. Studies have shown that invest- cent of which they export to other sil fuels. It will create incentives for ments in clean energy jobs create more countries. businesses and industry to find low- jobs per dollar than fossil fuel-based My home State of Delaware is a lead- cost solutions to reduce carbon pollu- energy products. These clean energy er in renewable energy development. In tion, and it will send a clear signal jobs use American ingenuity to turn fact, we are on the verge of con- that offers predictability in the mar- Sun and wind into electricity, waste structing one of the first offshore wind ketplace. It will allow businesses and into fuel, and reduce the energy we use farms in the United States. The project investors to finance long-term projects to power our homes, businesses, cars, leaders are working hard to make sure in renewable energy knowing that they and trucks. These are the sectors that that the turbines off the Delaware are standing on the same common will provide the long-term economic coast will proudly wear the label ground as their competitors. security and job creation we des- ‘‘Made in the U.S.A.’’ Many of the new clean energy tech- perately need. Today, the average wind tower has 50 nologies require decades of lead time Studies by numerous academic insti- percent American-made components. If before they are ready for commercial- tutions show that by putting a price on we want to ensure that 100 percent of scale development. Therefore, it is im- carbon, we could create up to 1.7 mil- future wind and other renewable en- perative that we start investing in lion net new jobs over the next 10 ergy projects are made in America, them immediately. Furthermore, be- years. That is 170,000 jobs per year and then we must make it a national pri- cause market barriers exist, we must includes any jobs that may be lost in ority. Only then will we have the ca- also provide additional investments the transition away from fossil fuels. pacity to meet our own rising demands such as loan guarantees, grants, tax in- Many clean energy jobs cannot be for clean energy. centives, and other assistance to en- shipped overseas. From installing insu- We must also recognize the fact that courage early and significant action to- lation to building offshore wind tur- our reliance on foreign oil is a serious ward clean energy technology develop- bines, these are jobs that can exist threat to our national security. The ment and deployment. only on American soil. The creation of United States imports nearly 60 per- We can no longer afford to pay for these new clean energy jobs will them- cent of the oil we use, and 70 percent of the high cost of a fossil-based economy. selves create a multiplier effect, allow the imports come from outside North Putting a price on carbon will reflect Americans to do more with their in- America. All told, we send $1 billion the true costs of our energy sources come—such as eat out at a restaurant, overseas every day for foreign oil. and enable market forces to drive take a vacation, or buy a home. These Some of the nations we buy oil from do American ingenuity to develop clean activities could add an additional $39 not share our interests and may be hos- energy technologies. We have the most billion to $111 billion boost to the econ- tile to the United States or their own creative and talented workforce in the omy. It is clear that investing in clean people, and some of these nations are world. We can transform our energy energy will give us the best bang for unstable, corrupt, and dangerous. Be- system to one that creates jobs and en- the buck by creating more jobs today cause of this, we send our troops over- hances U.S. competitiveness, strength- and for generations to come, paving a seas to ensure the secure flow of oil ens national security, and cuts carbon long-term sustainable path to eco- around the world. This stretches our pollution. But we have to take the bull nomic recovery. military thin, and puts our troops in by the horns. Now is the time to chart The good news is that we do not have harm’s way. a new course for the country. to wait for these clean energy tech- Even during times of peace, we have I urge my colleagues to join me and nologies to be developed. We can get spent $50 billion a year to patrol ship- seize this moment. started today. Over the last few dec- ping lanes and secure Middle Eastern I yield the floor and I suggest the ab- ades we made great strides in improv- oilfields and transport routes. Our de- sence of a quorum. ing green energy technologies. For ex- pendence on foreign oil also forces us The PRESIDING OFFICER. The ample, advances in wind energy tech- to deal with undemocratic nations in clerk will call the roll.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6007 The assistant legislative clerk pro- ing to do, would increase the national pealing the estate tax will also provide ceeded to call the roll. debt by more than $1 trillion over a 10- an $11 billion tax break to the Mars Mr. SANDERS. Mr. President, I ask year period. These deficit hawks, who candy bar family. We all eat Mars unanimous consent that the order for are so concerned about the national candy bars. They are going to get an the quorum call be rescinded. debt and record-breaking deficits, want $11 billion tax break. The PRESIDING OFFICER. Without to increase the national debt by over $1 It would provide a $9 billion tax objection, it is so ordered. trillion in a 10-year period. break to the Cox Cable family and a f Let me tell my colleagues who the $2.5 billion tax break to the family who major beneficiaries of this tax break founded Campbell Soup. No one in the ESTATE TAX would be. Would it be the average mid- bottom 99.7 percent of the population, Mr. SANDERS. Mr. President, each dle-class worker who during the Bush nobody in the working class, nobody in and every day it gets harder and harder years saw a $2,200 decline in his in- the middle class, no low-income per- to listen to my Republican friends who come? We have a collapsing middle son, nobody even in the upper middle race to the Senate floor breathlessly class, working people desperately in class will gain one cent of benefit from telling the American people how con- need. Would Republican repeal of the these tax breaks. cerned they are about the $13 trillion estate tax help those workers? Not a Today, while Republicans may not national debt and how we have got to chance. Nobody in the middle class have the votes to permanently elimi- get our financial house in order. They would get one nickel of a tax break. nate the estate tax, they are working are just very, very upset about that. Would Republican repeal of the es- feverishly to push legislation to sub- But, as you know, under the leader- tate tax help a single mother strug- stantially lower that tax. In fact, they ship of President George W. Bush, gling to send her daughter to college, have already succeeded in eliminating these same Republicans turned a maybe for the first time ever in that the estate tax this year, and this year record-breaking Federal surplus left by family’s history? College costs are alone, as result of President Bush’s the Clinton administration into record- going up. Working people can’t afford $1.35 trillion 2001 tax cut legislation. breaking deficits. college. Would it help that single Wiping out this tax in 2010, when bil- Back then, their rallying cry was mom? No, I am afraid not. That single lionaires are dying, for the first time in ‘‘deficits don’t matter,’’ articulated by mom would not get one penny. 95 years their families will not pay one then-Vice President Dick Cheney. This Would it help one of the millions of cent in taxes. That has already cost ‘‘deficits don’t matter’’ philosophy senior citizens struggling to maintain our Treasury, in the midst of a $13 tril- gave us two wars that were not paid their dignity on Social Security bene- lion national debt, billions and billions for. There are estimates that the war fits? This year there is no COLA for of dollars in needed revenue. in Iraq alone will end up costing some senior citizens. I tried to get some help It seems to me that at a time when $3 trillion, unpaid for. They gave us there. Republicans voted against it. this country has a $13 trillion national some $700 billion in tax breaks that Couldn’t do it. Would it help senior debt, at a time when 22 percent of our went to the wealthiest 1 percent. They citizens struggling with the high cost children are living in poverty—the gave us a $400 billion unpaid for pre- of medicine? No. Those senior citizens highest rate of childhood poverty in scription drug program written by the would not get one penny of help by Re- the industrialized world—at a time insurance and drug companies. They publican repeal of the estate tax. when our infrastructure is crumbling, gave us a $700 billion bailout of Wall I must be honest. Sadly, there are at a time when we have a desperate Street. also a few Democrats who are sup- need to transform our energy system But under President Obama, Repub- porting this giveaway, all Republicans and by doing that we can put millions licans have seemingly taken a 180-de- and a few Democrats. of people to work rebuilding America, gree turn. Apparently, deficits do mat- Who are the major beneficiaries of transportation infrastructure, energy, ter. Now they say we can’t afford to ex- the repeal of the estate tax or, as Re- it is beyond comprehension, literally tend unemployment insurance to 2 mil- publican pollsters like to call it, ‘‘the beyond comprehension that anyone can lion Americans who lost their jobs dur- death tax’’? If we completely elimi- come down to the floor of this Senate ing the worst recession in modern his- nated the estate tax, it would provide and argue with a straight face that we tory, and they say we just don’t have an estimated $32 billion tax break for should provide hundreds of billions of the money to create millions of new the Walton family, the founders of dollars in tax breaks for millionaires jobs by investing in rebuilding our Walmart. We have a family whose for- and billionaires. crumbling infrastructure and trans- tune today is worth an estimated $86.8 I should add all of this takes place forming our energy system. We just billion. If, as the Republicans want, we within the context of the United States don’t have the money to do that. eliminate the estate tax completely, already having by far the most unequal The Republican hypocrisy is now this family—obviously of desperate distribution of wealth of any major about to advance to a whole new level. need, obviously struggling hard to keep country on Earth. The top 1 percent In the name of fiscal responsibility, their family above water economically, own more wealth than the bottom 90 they are opposing virtually every effort struggling hard to stay off welfare— percent. When we give away billions to help the middle-class and working would receive an estimated $32.7 billion more in tax breaks to the very rich, we families. We just can’t afford to do it. in tax breaks, if the estate tax is com- are only exacerbating that. We are But when it comes to the needs of mil- pletely eliminated. making that wealth gap even greater. lionaire and billionaire families, our Let’s be clear. This policy being pur- That is why I have introduced the Republican friends have no problem re- sued by Republicans is designed to help Responsible Estate Tax Act, S. 3533, ducing revenue by hundreds and hun- the very richest people in our society. along with Senators HARKIN, WHITE- dreds of billions of dollars. In other Interestingly enough, our Republican HOUSE, SHERROD BROWN, and Senator words, they are deficit hawks when it friends today in all likelihood are FRANKEN. This legislation would raise comes to the needs of ordinary people, going to vote against providing a $35 $318 billion over the next decade by es- but they are very big spenders when it billion emergency extension of unem- tablishing a graduated inheritance tax comes to the needs of the rich. ployment benefits that will help 2 mil- on estates of over $3.5 million. I actu- Four years ago, every Republican but lion Americans who have lost their ally cannot take credit for this legisla- two voted to completely eliminate the jobs through no fault of their own. We tion. I would like to, but I cannot. It estate tax, a tax that has been in exist- can’t afford to do it. We just don’t have would be dishonest. This is an idea de- ence since 1916, and impacts only the the money. But apparently we do have veloped 100 years ago by a good Repub- very wealthiest families, the top three- the money to provide almost $33 billion lican President named Teddy Roo- tenths of 1 percent. Under the estate to a family worth $86 billion, one of the sevelt. tax, 99.7 percent of American families richest families in the world. In 1910 he pushed this idea which do not pay one nickel. This huge tax It is not only the Walton family our eventually became adopted in 1916. break for the wealthy, repealing the es- Republican friends and a few Demo- This is what Teddy Roosevelt, as this tate tax, which Republicans are fight- crats want to help. Permanently re- chart indicates, said 100 years ago. I

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6008 CONGRESSIONAL RECORD — SENATE July 20, 2010 think my Republican friends probably was asked some years ago to come up This bill is about jobs because unem- will not be quoting Teddy Roosevelt, with a single example of one family ployment insurance goes to people who though he is one of our great Presi- farm being lost as a result of the estate spend it immediately. That would in- dents. This is what Teddy Roosevelt tax. They could not find one farm, not crease economic demand, and that said: one farm that had to be sold as a result would help support our fragile eco- The absence of effective State, and, espe- of the estate tax, not one. nomic recovery. The nonpartisan Con- cially, national, restraint upon unfair I should tell you, the legislation I gressional Budget Office says that ad- money-getting has tended to create a small have authored provides even more pro- ditional unemployment benefits would class of enormously wealthy and economi- tections to family farms than previous have one of the largest effects on eco- cally powerful men, whose chief object is to law. So they are not protecting the nomic output and employment per dol- hold and increase their power. family farmers; they are protecting the lar spent compared with any other pol- That sounds pretty familiar. A small Walton family and other billionaire icy. A fancy term is the ‘‘multiplier ef- group of incredibly wealthy people families. fect.’’ Dollars spent on unemployment whose sole objective is to hold and in- In terms of small businesses—some- benefits have a much greater effect on crease their power. thing that is obviously vital to our the economy, a bigger bang for the Therefore, I, [Teddy Roosevelt] believe in economy; small business is the engine buck than almost any other dollar ex- . . . a graduated inheritance tax on big for- of job creation; we have to protect pended by the Federal Government. It tunes, properly safeguarded against evasion, small businesses—this is what the non- stimulates the economy. Unemploy- and increasing rapidly in amount with the partisan Tax Policy Center has esti- size of the estate. ment benefits stimulate the economy, mated: that only 80 small businesses and clearly it helps the people who What he was talking about was not and farm estates throughout the coun- have lost their jobs. Of the 11 policies from a financial point of view of bring- try paid an estate tax in 2009—80; 8-0— CBO analyzed, the Congressional Budg- ing in revenue. He was expressing fear representing, as this chart shows, 0.003 et Office ranked increasing aid to the about America becoming an oligarchic percent of all estates. In other words, unemployed first. It is No. 1. CBO says aristocracy in which a few people had virtually every single small business it will create the most jobs per dollar incredible wealth and used that wealth and family farm in this country would of budgetary cost. to perpetuate their position in society. not pay one penny in estate taxes As I mentioned, this vote is really If that is not what is happening today, under my bill, and because of protec- about compassion. As of this week, then I don’t know what is happening. tions in the Tax Code, their effective, more than 2.5 million out-of-work When we look at Wall Street spend- real tax rate would only be 14 percent. Americans have stopped receiving un- ing $300 million trying to stop any real And the relatively few people who in- employment insurance benefits be- reform of Wall Street at a time when herit small businesses who pay an es- cause Congress has failed to enact this these guys are making all kinds of tate tax are given 14 years to pay it off. bill. That is more than 2.5 million peo- money, having been bailed out by tax- They do not have to pay it off in 1 year. ple who are not getting a paycheck to payers, if we look at the oil companies So when our Republican friends come pay the bills. That is more than 2.5 and all of their lobbyists around here, down here and tell us they are fighting million Americans who are not getting that is precisely what is going on. A to protect the family farm or small any help from unemployment insur- small number of incredibly wealthy businesses, that just is not the case. ance to tide them over. These 2.5 mil- people are perpetuating their power What they are coming down here to do lion Americans are trying to get work. through their wealth. is to protect the Walton family and the But there are still five people looking In order to gain support for the per- Steinbrenner family and the other bil- for work for every job opening—five manent repeal of the estate tax or a lionaire families who are spending a looking for every job available. They major reduction in estate tax rates, whole lot of money in a major lobbying need to get help until they can find Republicans and lobbyists representing effort to make sure the richest people that job. the super rich are doing what they do in this country become even richer. A woman from Helena, MT—the town best, and that is distorting reality. We So I think what this debate is really I was born in—called my office and told will not hear any of my Republican all about is what the old Woody Guth- us that unemployment benefits are friends who talk about repealing the rie song framed and described as keeping her family afloat. She was laid estate tax tell us that the richest fami- ‘‘which side are you on?’’—which side off when she was 8 months pregnant. lies in America are going to be receiv- are you on?—and the Republicans have She wants the Senate to know she has ing $10, $20, $30 billion in tax breaks. answered very loudly and clearly, when worked since she was a teenager. She What they have done, both as politi- it comes to the needs of the unem- wants to work. And she will work cians and through their lobbyists, has ployed and the uninsured, when it again. created a mythology that a responsible comes to protecting the interests of For these 2.5 million Americans, this and a fair estate tax—or as their poll- the struggling middle class, they are bill is about the roof over their heads. sters have framed it, ‘‘a death tax’’— just not there. When it comes to ordi- For these 2.5 million Americans, this will somehow destroy family farms and nary people, the Republicans are def- bill is about keeping the electricity on. small businesses. icit hawks. But if you are a millionaire For these 2.5 million Americans, this In other words, what they are doing or a billionaire family and if you need bill is about food on the table. It is is what they very often do. They say: It a huge tax break that will cost our that simple. It is that important. is not the very rich, the billionaires we government hundreds and hundreds of A Montana father with three small are interested in protecting. It is not billions of dollars, you can count on children was laid off after 18 years of the Walmart people. We are interested Republicans for your support. That is service because the company could no in family farmers and small businesses. what this issue is about. longer pay his wages. Now he has no in- Those are the people we are trying to With that, Mr. President, I yield the come. But he continues to look for protect. But nothing could be further floor. work. His home is going into fore- from the truth. The PRESIDING OFFICER. The Sen- closure. Unemployment insurance has As usual, they are using their old ator from Montana is recognized. been his only income. It is what puts tactic of pretending to worry about the f food on the table for his family. needs of ordinary people as a smoke- This is America. When there is an screen to serve extremely wealthy spe- UNEMPLOYMENT INSURANCE emergency, we in America do not leave cial interests. Mr. BAUCUS. Mr. President, at 2:30 people behind. Let’s not leave the un- Let’s talk a little bit about what this afternoon, the Senate will vote employed behind. We have stripped this they are saying. In terms of the preser- again on unemployment insurance. measure down to the bare essentials. vation of the family farm, something I This bill is about jobs. This bill is We simply must pass this bill. This happen to believe in passionately—we about compassion. This bill would ex- afternoon, I urge my colleagues to vote have a lot of family farms in tend unemployment insurance for peo- for cloture and move this important Vermont—the American Farm Bureau ple who have lost their jobs. bill.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6009 SMALL BUSINESS LENDING FUND through to the end of 2010 and held for viding for your family. We know we ACT 5 years. This proposal would provide a have more than 14 million Americans Mr. BAUCUS. Mr. President, this powerful incentive to invest in small out of work. In Pennsylvania, we have week the Senate also returns to the entrepreneurial firms right now. over 591,000 people out of work. If that small business jobs bill. Small busi- The bill also includes a provision for is not a record, it is very close to one. nesses are central to our efforts to cre- certain small businesses that expands I know it is a high for the last quarter ate jobs. Unemployment insurance the carryback period for general busi- century in Pennsylvania. helps people who are out of work. We ness credits determined this year from The last unemployment extension ex- want to help create the jobs so people 1 year to 5 years, and our bill allows pired 5 weeks ago, on June 4. Without can get the work. these general business credits against an extension, just about 1.2 million Small businesses employ half of the alternative minimum tax. people have lost their benefits in the America’s private sector workforce. In Another provision would temporarily month of June, just last month. If this my home State of Montana, small busi- shorten the holding period required continues to be blocked in the Senate, nesses employ more than 90 percent of after a C corporation converts to an S we know another 2 million will be all private sector employees. Over the corporation in order to avoid trig- without benefits by the end of this past 15 years, small businesses have gering a gain on assets. This provision month, July. In the Commonwealth of created two-thirds of Americans’ new would allow small businesses to in- Pennsylvania, over 200,000 will have ex- jobs. That is about 12 million new jobs. crease their liquidity by selling assets hausted their unemployment benefits Historically, during recessions, small that would otherwise be subject to an by the end of this month. That means businesses bear the brunt of employ- additional layer of tax. one-third of Pennsylvania’s jobless will ment losses. The great recession has All of these provisions free up busi- be without benefits by the end of this been no exception. Over the course of ness capital for expansion and job month. the great recession, small firms have growth. In past recessions, small firms To say this is anything but an emer- accounted for between 64 percent and were the first to begin hiring again. We gency is an understatement. To con- 80 percent of net job losses. Plainly, to must ensure that this trend continues tinue to block an unemployment insur- create jobs, we need to find ways to as we recover from the great recession. ance extension is irresponsible, in a help small businesses. We can achieve this by helping small word, and I think callously irrespon- Small businesses continue to face businesses get the capital they need. sible. Also, I think it is an action that significant obstacles to expanding and I urge my colleagues to support the is harmful to our economy. We know, hiring. One of the biggest obstacles is small business jobs bill. for example, that if you spend a buck getting capital. A recent study by the Mr. President, I suggest the absence in unemployment insurance, you will National Federation of Independent of a quorum. get a lot more than a buck in return Business found that only half of small The PRESIDING OFFICER. The for the economic impact. The Congres- businesses trying to borrow are able to clerk will call the roll. sional Budget Office has an estimate to get the capital they need. Nearly a The bill clerk proceeded to call the the effect that for the GDP, gross do- quarter are not able to get any credit roll. mestic product, it may be as high as at all. Compare that to 2005. Five years Mr. CASEY. Mr. President, I ask $1.90 for every $1 you spend on unem- ago, 90 percent of small businesses were unanimous consent that the order for ployment insurance. So you spend a able to get the capital they needed, and the quorum call be rescinded. buck and get a $1.90 back. That is an only 8 percent were not able to get any The PRESIDING OFFICER. Without even higher number than a lot of us credit at all—a big change. objection, it is so ordered. have pointed to prior to this. Small business lending has dropped. f Mark Zandi, one of our leading From the second quarter of 2008 to the economists, said years ago, I think, UNEMPLOYMENT INSURANCE third quarter of 2009, small business that if you spend a buck on unemploy- borrowing fell by more than $20 billion. Mr. CASEY. Mr. President, I rise to ment insurance, you get about $1.60 A number of factors have contributed talk about an issue we are going to be back. Such as when you spend $1 on to this decline. Banks have tightened voting on today, thank goodness. We food stamps, you get more than that— lending standards and terms for new are going to be voting on an extension maybe $1.70—in return. Now we have credit. Banks have reduced risky assets of unemployment insurance, which is the CBO saying the return might be as to improve their capital positions. something many of us in the Senate high as $1.90 for every $1 you spend on Falling real estate values have limited have tried to pass for many weeks now. unemployment insurance. the ability of small business owners to We have been blocked by the Repub- There are those in Washington and use their own assets to guarantee or lican side of the aisle. around the country who are trying to collateralize loans. And credit card We are finally at a point now where make political arguments against ex- terms have also worsened. we think we can get the votes today to tending this and using a lot of hot air Over the course of the great reces- extend unemployment insurance. It is in the process to oppose the extension, sion, small businesses in my home badly needed. You don’t have to be a block the extension, slow down the ef- State of Montana have faced many of Senator or a Member of Congress to fort to provide this bridge that unem- these obstacles. For example, Grains of have heard from people all across this ployment insurance is, for people who Montana—that is a restaurant and bak- country about what this means to paid into this program for years, in ery based in Billings—had trouble fi- them. Those of us who are serving in many instances, for just this purpose— nalizing the terms of its SBA loan. the Senate have received letters, e- when the economy is in the ditch, when This delayed the expansion of their mails, phone calls, and other commu- they lose jobs and they are trying to bakery. And when a potential nications from people within our get this help. franchisee in Arizona was unable to se- States. We have had weeks and weeks of ef- cure funding, the deal fell through. In Pennsylvania, the people have forts to block this. We should be at the Companies such as Grains of Montana made it abundantly clear to me and my end—we hope. In the end, this isn’t need to get capital to grow and to hire office over many weeks now about how simply about a program or about an ex- new employees. We must act to get urgent a problem this is in their lives. tension or about what the Federal Gov- credit flowing. We must increase access This isn’t about some complicated, re- ernment is doing; this is about real to capital so small employers can begin mote issue; this is an issue of life and people and their lives and the chal- hiring again. That is exactly what the death, in some instances. But for most, lenges in their lives. small business jobs bill would do. it is an issue of getting by every week, I have received lots of correspond- The small business jobs bill includes making ends meet, paying bills, pro- ence—whether they are letters, e-mails a provision that would completely viding health care for their children, or phone calls—and I will highlight a eliminate the tax on the sale of certain those who have lost their jobs, through few examples. We had a letter from small business stock purchased from no fault of their own, being able to Frank—I will just use the first name so the date of this bill’s enactment have the dignity that comes from pro- we don’t disclose people’s names. He

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6010 CONGRESSIONAL RECORD — SENATE July 20, 2010 has been seeking employment for a She says—and this is direct STATE OF WEST VIRGINIA long time. He said: quotation from the letter: Office of the Executive I have gone through a lot of health situa- I am doing everything I can, including Joe Manchin III tions since being home— working 2 jobs, to keep us above water, and Governor Meaning since being home after los- we are drowning at a speed I never imagined. I bring home $700 a month, which doesn’t CERTIFICATE OF APPOINTMENT ing his job. cover our rent, let alone car insurance, gro- To the President of the Senate of the United constantly worrying will I get a job, is there ceries, the electric bill, et cetera. We do not States: going to be enough money, or when are my want to live extravagantly. We just want to This is to certify that, pursuant to the benefits going to be cutoff. . . . The worries live. power vested in me by the Constitution of are overpowering and devastating. That is what Rachel says about her the United States and the laws of the State A lot of these letters we are getting situation because of the loss of a job of West Virginia, I Joe Manchin III, the Gov- ernor of said State, do hereby appoint Carte speak in those terms. This isn’t a me- that her husband had to experience. He chanical thing or a question about a Patrick Goodwin a Senator from said State is becoming an airman in the National to represent said State in the Senate of the program or whether the Senate will do Guard to try to make ends meet. I United States until the vacancy therein this or that; this is about whether could go on, but I will not because we caused by the death of Robert C. Byrd, is Frank, in this instance, who lives in don’t have the time. filled by election as provided by law. the Commonwealth of Pennsylvania, is That is what this is about. This isn’t Witness: His excellency our Governor Joe going to be able to have enough money a theoretical issue or some government Manchin III, and our seal hereto affixed at to provide for his family. So this is program over here that none of us fully Charleston, West Virginia this the Sixteenth about worry and emotion and about understands. This is about real lives, day of July in the year of our Lord 2010. real anxiety that people feel in the providing health insurance for fami- By the Governor: JOE MANCHIN III, midst of the most horrific recession lies, making ends meet, and basic dig- Governor. since the 1930s. This isn’t some far off nity that people feel robbed of because NATALIE E. TENNANT, remote problem; this is real life for they lost their job, and some people in Secretary of State. someone such as Frank. Then he goes Washington don’t want to lift a finger [State Seal Affixed] on from there to say: to help them. It doesn’t take much to f My ex-wife came home from work to advise say aye when your name is called to me and our children that she will be losing vote for an extension of unemployment ADMINISTRATION OF OATH OF her job on August 6, 2010, due to her company insurance. That is what the program is OFFICE outsourcing [the work of that company] to for. It is for emergencies, when people’s The VICE PRESIDENT. If the Sen- India. She was employed there for 21 years. lives are at risk—at least the life of ator-designate will now present himself She carries our medical insurance and 80 per- their family to be able to make ends to the desk, the Chair will administer cent of our income. We have a 12-year-old meet. That is what we are talking [child] with Cystic Fibrosis, which is a fatal the oath of office. disease, and this precious child will be with- about. That is why I urge every Mem- Mr. GOODWIN, escorted by Mr. out [health] insurance that pays for the very ber of the Senate not to vote for your ROCKEFELLER, advanced to the desk of medicine that keeps her alive. own political priorities but to vote for the Vice President; the oath prescribed He goes on from there in his letter. I Frank and Rachel in Pennsylvania, by law was administered to him by the will end the quote with that line about who have written to us, and people Vice President; and he subscribed to his daughter with cystic fibrosis. So similar to them all across this country. the oath in the Official Oath Book. this isn’t just about paying the light I think we are going to finally get an The VICE PRESIDENT. Congratula- affirmative vote, but it is long overdue. bill or paying the mortgage or making tions, Senator. With that, I yield the floor. ends meet in a general way; this is (Applause, Senators rising.) about whether this family can provide f Mr. REID. Mr. President, I suggest health insurance for a 12-year-old with RECESS the absence of a quorum. cystic fibrosis. That is what we are The PRESIDING OFFICER. Under The VICE PRESIDENT. The clerk talking about, in many instances. We the previous order, the Senate stands will call the roll. are talking about health care. When in recess until 2:15 p.m. The legislative clerk proceeded to you lose your job, unfortunately, the Thereupon, the Senate, at 12:30 p.m., call the roll. direct impact isn’t just on income; it is recessed until 2:15 p.m. and reassem- Mr. WHITEHOUSE. Mr. President, I about whether you have health insur- bled when called to order by the Pre- ask unanimous consent the order for ance. That is Frank’s story in Pennsyl- siding Officer (Mr. BEGICH). the quorum call be rescinded. vania. Mr. DODD. Mr. President, I suggest The PRESIDING OFFICER (Mr. I will give one more example because the absence of a quorum. BEGICH). Without objection, it is so or- we are short on time. The PRESIDING OFFICER. The dered. Rachel, from Pennsylvania, writes to clerk will call the roll. f us in an e-mail. She says this: The legislative clerk proceeded to I am writing for my husband. call the roll. CONCLUSION OF MORNING Mr. REID. Mr. President, I ask unan- BUSINESS Sometimes a person who loses a job imous consent that the order for the is too embarrassed to write or doesn’t The PRESIDING OFFICER. Morning quorum call be rescinded. business is closed. want to express the feelings that are The VICE PRESIDENT. Without ob- tearing them apart inside. They don’t jection, it is so ordered. f want to write down on paper the anx- iety they are living with—the horror of f AMERICAN JOBS AND CLOSING not having enough to provide for your CERTIFICATE OF APPOINTMENT TAX LOOPHOLES ACT OF 2010 family. She is writing for her husband, The VICE PRESIDENT. The Chair The PRESIDING OFFICER. Under saying he was laid off from his job as a lays before the Senate a certificate of the previous order, the Senate will re- GPS operator. She said the best way to appointment to fill the vacancy cre- sume consideration of the House mes- take care of his family, he thought at ated by the death of the late Senator sage to accompany H.R. 4213, which the that point, was to become an airman in Robert C. Byrd of West Virginia. The clerk will report. the National Guard. He enlisted this certificate, the Chair is advised, is in The legislative clerk read as follows: year, and he entered the program for the form suggested by the Senate. House message to accompany H.R. 4213, an the Air National Guard. He excelled in If there be no objection, the reading act to amend the Internal Revenue Code of the program, but he couldn’t proceed of the certificate will be waived, and it 1986 to extend certain expiring provisions, to basic training because he needs den- will be printed in full in the RECORD. and for other purposes. tal work. Rachel and her husband, There being no objection, the certifi- Pending: similar to so many others, have no cate was ordered to be printed in the Reid motion to concur in the amendment health and dental insurance. RECORD, as follows: of the House to the amendment of the Senate

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6011 to the bill, with Reid amendment No. 4425 (to NAYS—40 months. So I went to him last week the amendment of the House to the amend- Alexander DeMint McCain and said I was going to make a unani- ment of the Senate to the bill), in the nature Barrasso Ensign McConnell mous consent request for a time agree- of a substitute. Bennett Enzi Murkowski ment to consider her nomination. The Bond Graham Nelson (NE) Reid Amendment No. 4426 (to amendment Senator asked me if I would wait until No. 4425), to change the enactment date. Brown (MA) Grassley Risch Brownback Gregg Roberts today, which I was glad to do. We have Reid motion to refer in the amendment of Bunning Hatch the House to the amendment of the Senate Sessions waited 8 months already. Burr Hutchison Shelby Chambliss Inhofe I, in no way, fault the senior Senator to the bill to the Committee on Finance, Thune Coburn Isakson from Tennessee. He has been very clear with instructions, Reid amendment No. 4427, Vitter Cochran Johanns to provide for a study. Voinovich to me he is ready to vote whenever this Corker Kyl nomination comes forward. So seeing Reid amendment No. 4428 (to the instruc- Cornyn LeMieux Wicker tions (amendment No. 4427) of the motion to Crapo Lugar the Republican leader on the floor, I refer), of a perfecting nature. will now propound a unanimous con- The PRESIDING OFFICER. Upon the Reid amendment No. 4429 (to amendment sent request. I ask unanimous consent, reconsideration of this vote, the yeas No. 4428), of a perfecting nature. as if in executive session, at a time to are 60, the nays are 40. Three-fifths of be determined by the majority leader, The PRESIDING OFFICER. Under the Senators duly chosen and sworn following consultation with the Repub- the previous order, the time until 2:30 having voted in the affirmative, the lican leader, the Senate proceed to ex- will be equally divided and controlled motion is agreed to. ecutive session and consider Calendar between the two leaders or their des- Cloture having been invoked on the No. 552, the nomination of Jane B. ignees. That time has expired. motion to concur with amendment in Stranch, of Tennessee, to be a judge on CLOTURE MOTION the House amendment, the motion to the U.S. Court of Appeals for the Sixth refer falls, as it is inconsistent with The cloture motion having been pre- Circuit; there be 3 hours of debate with cloture. sented under rule XXII, the Chair di- respect to the nomination, with the The Senator from Vermont. rects the clerk to read the motion. time equally divided and controlled be- The assistant editor of the Daily Di- UNANIMOUS CONSENT REQUEST—EXECUTIVE tween the chairman and ranking mem- CALENDAR gest read as follows: ber of the Judiciary Committee, myself Mr. LEAHY. Mr. President, I see the CLOTURE MOTION and Senator SESSIONS, or our des- Republican leadership and the distin- ignees; that upon the use or yielding We, the undersigned Senators, in accord- guished Senator from Tennessee on the ance with the provisions of rule XXII of the back of time, the Senate proceed to Standing Rules of the Senate, hereby move floor. I would note that I am hopeful vote on the confirmation of the nomi- to bring to a close debate on the motion to the Senate Republican leadership nation; that upon confirmation, the concur in the House amendment to the Sen- would take the opportunity to enter motion to reconsider be considered ate amendment to H.R. 4213, the American into a time agreement on 1 of the more made and laid upon the table; any Jobs and Closing Tax Loopholes Act, with a than 20 judicial nominees who have statements related to the nomination Reid amendment No. 4425. been stalled from Senate consider- Harry Reid, Max Baucus, Jack Reed, Ed- be printed in the RECORD; the President ation. I am referring to the nomination be immediately notified of the Senate’s ward E. Kaufman, John F. Kerry, Shel- of Jane Stranch of Tennessee. Her don Whitehouse, Carl Levin, Roland W. action; the Senate then resume legisla- Burris, Richard J. Durbin, Jeff nomination was reported by a bipar- tive session. Merkley, Benjamin L. Cardin, Chris- tisan majority of the Senate Judiciary The PRESIDING OFFICER. Is there topher J. Dodd, John D. Rockefeller, Committee last November, 8 months objection? IV, Barbara Boxer, Patty Murray, Rob- ago. Mr. ALEXANDER. Mr. President, re- ert P. Casey, Jr., Charles E. Schumer. A native of Nashville, Mississippi, serving the right to object, I thank the The PRESIDING OFFICER. By unan- Ms. Stranch has practiced law in that Senator from Vermont, the chairman imous consent, the mandatory quorum community for 32 years, and has often of the Judiciary Committee, for his re- call has been waived. appealed before the Sixth Circuit—the quest. Jane Stranch is a well-qualified The question is, Is it the sense of the court to which she is now nominated. nominee. Senate that debate on the motion to She has decades of experience in labor It has long been my position, without concur in the House amendment to the and employment law, an expertise she going into the history in this body, Senate amendment to H.R. 4213, the put to good use when she taught a class that a President’s judicial nominees American Jobs and Closing Tax Loop- on labor law at Nashville’s Belmont deserve an up-or-down vote. She is holes Act, with a Reid amendment No. University. Ms. Stranch also has an ac- President Obama’s longest pending cir- 4425, shall be brought to a close? tive appellate practice, as well as sig- cuit court nominee yet to be con- nificant experience with alternative The yeas and nays are mandatory firmed. She was nominated last Au- forms of dispute resolution, such as under the rule. The clerk will call the gust. The committee reported her in mediation and arbitration. She is a roll. November. She has my support, that of leader in her community who dedicates The legislative clerk called the roll. Senator CORKER. significant time to pro bono work, I know it is difficult, with the The result was announced—yeas 60, civic matters, and her church. She also amount of matters we have on the Sen- nays 40, as follows: has impressive academic credentials, ate floor, to schedule anything, includ- [Rollcall Vote No. 209 Leg.] having earned both her J.D., Order of ing a circuit judge. YEAS—60 the Coif, and her B.A., summa cum But it would be my hope that the Re- Akaka Franken Mikulski laude and Phi Beta Kappa, from Van- publican leader and the majority lead- Baucus Gillibrand Murray derbilt University. er could, before long, set a time certain Bayh Goodwin Nelson (FL) Since this nomination was reported for an up-or-down vote on Jane Begich Hagan Pryor Bennet Harkin Reed last November, all Democratic Sen- Stranch, the President’s nominee for Bingaman Inouye Reid ators have been prepared to debate and the Sixth Circuit Court of Appeals. I Boxer Johnson Rockefeller vote on her nomination. I had given my thank the Senator from Vermont for Brown (OH) Kaufman Sanders friend, the distinguished senior Sen- Burris Kerry Schumer his request. I will not object. Cantwell Klobuchar Shaheen ator from Tennessee, my assurance The PRESIDING OFFICER (Mrs. Cardin Kohl Snowe about that. I, myself, have spoken GILLIBRAND). The Republican leader. Carper Landrieu Specter about this nomination a number of Mr. MCCONNELL. Reserving the Casey Lautenberg Stabenow Collins Leahy Tester times because it is one of the oldest on right to object, I know my good friend Conrad Levin Udall (CO) the calendar. from Tennessee is interested in this Dodd Lieberman Udall (NM) I know the senior Senator from Ten- nomination. There were, however, Dorgan Lincoln Warner nessee has expressed his frustration to some no-votes on the nominee in com- Durbin McCaskill Webb Feingold Menendez Whitehouse me about the fact that this nomination mittee. We will be running the traps on Feinstein Merkley Wyden has not been voted on in the last 8 our side and seeing if we can work out

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6012 CONGRESSIONAL RECORD — SENATE July 20, 2010 both the debate time and a time to Ironically, the history of the Sixth No one should be confused: The cur- take up this nominee in the not too Circuit and our efforts to turn away rent obstruction and stalling by Senate distant future. But for the short term, from the destructive practices that Re- Republicans is unprecedented. There is I must object. publicans had followed during the Clin- no systematic counterpart by Senate The PRESIDING OFFICER. Objec- ton years is detailed in my July 29, Democrats. In fact, during the first 2 tion is heard. 2002, Senate statement in support of years of the Bush administration, the The Senator from Vermont. another Tennessee nominee, Judge 100 judges confirmed were considered Mr. LEAHY. Madam President, I am Julia Gibbons. As chairman, I pro- by the Senate an average of 25 days terribly disappointed. With this objec- ceeded to a confirmation hearing for from being reported by the Judiciary tion, Senate Republicans have further Judge Gibbons in April 2002; it was the Committee. The average time for con- ratcheted up the obstruction and par- first hearing for a Sixth Circuit nomi- firmed circuit court nominees was 26 tisanship that has become common- nee in 5 years. Despite the well-quali- days. The average time for the 36 Fed- place this Congress with regard to judi- fied nominees of President Clinton, the eral circuit and district and circuit cial nominees. I had honestly hoped Republican majority did not consider court judges confirmed since President that working with the respected senior them. Republicans refused to consider Obama took office is 82 days and the Senator from Tennessee, we would be the nominations of Judge Helene average time for circuit nominees is 126 able to obtain a standard time agree- White, an experienced State court days. ment. I am not asking any Republican judge; Kathleen McCree Lewis, an ac- Overall judicial vacancies were re- Senator to vote for the nominee, but complished attorney and the daughter duced during the Bush years from al- simply to vote. I am not asking Repub- of former Solicitor General of the most 10 percent to less than 4 percent. lican Senators to vote before they have United States and former Sixth Circuit Federal judicial vacancies are now over had a chance to debate the nomination, Judge Wade McCree; and Kent Markus, 10 percent. During the Bush years, the only to agree to a reasonable time for a law professor and former Justice De- Federal circuit court vacancies were debate. If they do not think 3 hours partment official who had the support reduced from a high of 32 down to sin- reasonable, I wish they would indicate of his Republican home State Senator. gle digits. That progress has not con- what time they think they need for This was the partisan record Senate tinued with President Obama. Instead, such a debate. During the past 2 years, Democrats overcame when in the Sen- Republican obstruction is putting that their demands for time have gone un- ate majority. Republicans’ pocket fili- progress at risk. During the Bush used in debates on the nominations. busters of President Clinton’s nomi- years, we reduced vacancies on nine Often, hours will be demanded in oppo- nees resulted in numerous Sixth Cir- circuits. Since then, vacancies on six sition without any of it being used for cuit vacancies. By proceeding with circuits have risen. I note that during that purpose. If it were just a matter of President Bush’s nominations of Judge the Clinton years, Republican obstruc- the number, I would hope we could Julia Gibbons of Tennessee and then tion succeeded in virtually doubling have worked that out and reached an his nomination of Judge John Rogers Federal circuit vacancies. agreement. Instead, this objection is of Kentucky, to the Sixth Circuit in I trust that the Republican leader re- like the Republican leader’s objection 2002, the Democratic Senate majority members how I treated and Senate last week to the request from the Sen- did not engage in a tit-for-tat but acted Democrats treated judicial nominees ator from North Carolina to consider to break the logjam the Republican ob- from Kentucky. During the 17 months I two nominees from that State to the struction had created. chaired the Judiciary Committee dur- Fourth Circuit. They were both re- When I resumed the chairmanship of ing President Bush’s first 2 years, we ported by the Judiciary Committee the Judiciary Committee in 2008, we proceeded to consider and confirm last January, more than 6 months ago. were able to fill the last remaining va- Judge John Rogers of Kentucky to the One was reported by a vote of 18 to 1 cancies on the Sixth Circuit when we Sixth Circuit by voice vote before the and the other by a vote of 19 to 0; they confirmed President Bush’s nomina- end of the session in 2002, having al- are supported by both home State Sen- tions of Judge Helene White and Judge ready confirmed Judge Danny Reeves ators, one a Republican and one a Dem- Ray Kethledge of Michigan to the and Judge Karen Caldwell to the East- ocrat. Still the Republican leadership Sixth Circuit. Judge White had been ern District of Kentucky, and of refuses to allow the Senate to consider one of President Clinton’s nominations course, Judge David Bunning to the them. in 1997 who was pocket filibustered Eastern District of Kentucky by voice I was disappointed to see my friend after having waited in vain for a hear- vote, as well. During the more than 4 from Kentucky object last week. He did ing for more than 1,450 days. During years that Republicans were in the ma- not speak about the nominees, or to the Bush years the Sixth Circuit went jority during the Bush Presidency, one their unquestioned qualifications, in- from half vacant to full. other judge for the Eastern District of cluding their backgrounds in military With respect to Senate Republican Kentucky was confirmed, Judge Greg- service. It seemed as if his justification leadership’s current practice of hold- ory Van Tatenhove, a former aide to was along the lines of tit-for-tat. That ing, delaying and obstructing Senate the senior Senator from Kentucky. The is most unfortunate. I note that when I consideration of judicial nominees re- year I resumed the Judiciary Com- became chairman of the Judiciary ported favorably by the Judiciary Com- mittee chairmanship, we proceeded to Committee midway through President mittee, this is a tactic they reserve for confirm Judge Amul Thapar to the Bush’s first tumultuous year in office, nominees of Democratic Presidents. In- Eastern District of Kentucky. Nomi- I worked very hard to make sure Sen- deed, when President Bush was in the nees the Republican leader supported ate Democrats did not perpetuate the White House, Senate Republicans took for his home State’s vacancies were judge wars as tit-for-tat. In fact, we did the position that it was unconstitu- very well treated. not. Despite that fact that Senate Re- tional and wholly inappropriate not to I am confident the senior Senator publicans pocket filibustered more vote on nominees approved by the Sen- from Tennessee remembers how fairly than 60 of President Clinton’s judicial ate Judiciary Committee. With a we treated judicial nominees from his nominations and refused to proceed on Democratic President, they have re- State. I was chair when we broke a them, including one of the nominees verted to their secret holds that re- longstanding logjam on the Sixth Cir- from North Carolina now pending be- sulted in pocket filibusters during the cuit by confirming Judge Julia Gibbons fore us, again, during the 17 months I Clinton years. Last year, Senate Re- of Tennessee in July 2002. During the chaired the committee during Presi- publicans successfully stalled all but a first 2 years of the Bush administration dent Bush’s first 2 years in office, the dozen Federal circuit and district court we worked to see the Senate also con- Senate proceeded to confirm 100 of his nominees. That was the lowest total firm Samuel Mays, Jr., as a judge for judicial nominees. By contrast, during for judges confirmed in more than 50 the Western District of Tennessee and these first 2 years of President Obama’s years. They have continued that prac- Judge Thomas Phillips as a judge for term, Senate Republicans have allowed tice despite the fact that judicial va- the Eastern District of Tennessee. only 36 Federal circuit and district cancies continue to hover around 100, When I resumed the chairmanship in court nominees to be considered by the with more than 40 declared judicial 2008, we also facilitated the Senate con- Senate, 100 to 36. emergencies. firmation of Judge Stanley Anderson

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6013 to be a judge for the Western District Coverdell, was unexpectedly taken Paul is deeply missed by all of us in of Tennessee. During the intervening from us. He became ill and passed this room, but his contributions are years three other nominees were con- away. Here we are 10 years later, and lasting. Ten years after his sudden sidered and confirmed to be Eastern we wish to commemorate his life and passing, we continue to learn from the District of Tennessee judges, Judge service. His good friends, the Senators life and example of Paul Coverdell. Thomas Vartan, Judge Ronnie Greet from Georgia, Mr. CHAMBLISS and Mr. The PRESIDING OFFICER. The Sen- and Judge Harry Mattice, Jr. In addi- ISAKSON, are both here. We all want to ator from Georgia is recognized. tion Judge J. Daniel Breen was con- say a few words about our departed Mr. CHAMBLISS. Madam President, firmed to be a judge in the Western friend Paul Coverdell. I rise, like my leader from Kentucky, District of Tennessee. Paul was a patriot. I admired him a to celebrate the life of Paul Douglas There did come a time in the 108th great deal. Nobody worked harder than Coverdell. I thank the leader for his Congress when President Bush and Paul Coverdell, and nobody wanted less kind comments about a very personal Senate Republicans were intent on credit for it. We were talking on the friend to both Senator ISAKSON and me packing the courts with ideologues and floor a few moments ago. Senator Lott, as well as to the leader. the Republican Chairman of the Judici- who was the Republican leader at the Paul Coverdell served in this body ary Committee violated the rules and time, used to call him Mikey. What he from 1993 until his untimely death on practices of the committee in support meant by that was some character we July 18, 2000. Paul was a longtime poli- of this effort. They forced filibusters of believe was in a commercial named tician in our State, having first run for 10 nominees, 6 of which were ulti- Mikey who always got the job done and office in 1968. He lost the first election and then was elected to the State sen- mately confirmed. didn’t care where the credit ended up. ate in 1970. He rose to the rank of mi- I have not done what the Republican That is exactly how Paul was. No mat- nority leader in the Georgia State Sen- chairman did. I have respected and pro- ter how tough the task, no matter how ate and had a successful career there. tected the rights of the minority. thankless the job, Paul was ready to He then decided to run for Congress President Obama has not made nomi- pitch in with good humor and credible and lost his first race for the House of nations opposed by home State Sen- persistence and see it through to com- ators but has instead reached out and Representatives. pletion. Paul did something that is so Cover- worked with home State Senators from He had a distinguished career in the dell-like in the summer of 1978. He was both parties. He has by and large nomi- private sector before he entered public then the chairman of the Georgia Re- nated well-qualified moderates. life. He spent a long time toiling in the I have tried to ratchet up the co- publican Party. He was on vacation in Georgia State Senate before he came Maine. He knew, obviously, of the operation between parties and branches here. In fact, he used to joke that he soon-to-be Vice President, George H.W. in my role as chairman. It is dis- knew all too well what it was like to be Bush, but he didn’t know him and he appointing to see the Senate Repub- an underdog because he spent 15 years wanted to get to know him. So he lican leadership take the opposite ap- representing all five Republicans in the walked up to his house in proach. They are holding up consider- Georgia State Senate against 51 Demo- Kennebunkport—didn’t have to worry ation of nominees reported unani- crats. That gives one a certain humil- about the Secret Service back then— mously from the Judiciary Committee ity, shall I say. and knocked on his front door. Presi- for weeks and months for no reason. Paul’s deep understanding of the dent Bush came to the front door. He Just last week, after a needless 3- power of freedom is well known, and introduced himself. They became fast month delay, the Senate confirmed a his efforts to promote and spread free- friends after that. judge for the Northern District of Illi- dom are a big part of his legacy. As Di- When President Bush was elected, nois unanimously. That is more evi- rector of the Peace Corps in the late Paul Coverdell was very involved in his dence of the pattern of stall and ob- 1980s, Paul sent the first Peace Corps campaign. He wrote him a simple note. struct. Earlier this year the majority volunteers into Eastern Europe to He said: If I can help you, I would like leader had to file cloture to get to a work with nations about to experience to. Well, the President took that to vote on the nomination of Judge Bar- freedom for the very first time. heart and appointed Paul to be the Di- bara Keenan of Virginia to the Fourth In a speech he delivered shortly be- rector of the Peace Corps. Anything Circuit. When the vote was held, she fore his death, Paul said: Paul undertook, he put his whole heart was confirmed unanimously. I believe that in the 20th century, America and soul into. When he became Direc- Republicans’ sense of injury is mis- has helped plant the seeds of democracy and tor of the Peace Corps, he did exactly placed in my view. Moreover, the freedom around the world. I hope that when that. He also was a very good thinker. disproportionateness of their response the stories are written at the end of this new He created what was called World Wise disserves the American people and our century, it is said of this nation that we Schools within the Peace Corps. Those tended to liberty, nurtured it around the Federal justice system. schools all of a sudden cropped up all Jane Stranch of Tennessee is just one world, and sustained freedom and prosperity here in this Hemisphere. around the world under the sponsorship example of the harm they are causing. of Peace Corps volunteers and all under That was Paul shortly before his Judge James Wynn of North Carolina Paul’s leadership. Paul led the first death. is another example, as is Judge Albert Peace Corps volunteers into Eastern He served in this Chamber for nearly Diaz, also of North Carolina. The list Europe after the fall of the wall. a decade, and those of us who served includes the 21 judicial nominees cur- I will never forget going to the Peace rently stalled by Republican objection alongside him know he never, ever Corps building as a Member of the from final Senate consideration but sought the spotlight. He was a decent House after Paul’s death when the also many of the 36 who were need- hard-working guy who was dedicated to Peace Corps building was named after lessly delayed. What is being perpet- his wife Nancy, the people of Georgia, Paul. To hear the many tributes of vol- uated is a shame. the American people, and to promoting unteers who had served for so long I thank the distinguished senior Sen- what he called the three pillars of free- under Paul and the personal stories ator from Tennessee for his efforts in dom: economic liberty, security for they had about the involvement of moving this forward. I am obviously persons and property, and a well-edu- their leader and their affection for disappointed, but I am not dis- cated citizenry. Paul often said that an their leader was truly humbling and appointed in the actions of the distin- uneducated mind can never truly be moving. guished Senator from Tennessee. He free. It is an idea he shared with the When Paul was elected to the Senate did work very hard. men who founded our Nation. As Wash- in 1992, he actually had to be elected The PRESIDING OFFICER. The Re- ington put it in his first annual address four times that year. He was in a pri- publican leader to Congress: mary which he won after a runoff. He TRIBUTE TO SENATOR PAUL COVERDELL Knowledge is, in every country, the surest then came in second in the general Mr. MCCONNELL. Madam President, basis of public happiness. election in November, but because of about 10 years ago, one of our dear As with all the lessons Paul liked to the rules being what they are in Geor- friends, the Senator from Georgia, Paul share, he delivered it with a smile. gia, as I experienced myself in 2008,

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6014 CONGRESSIONAL RECORD — SENATE July 20, 2010 Paul was in a runoff with the incum- Paul Coverdell was not just a great 1970s and 1980s, when he championed bent because an independent third- Georgian; he was a great American. He the mandatory seatbelt law. Believe party candidate got enough votes so certainly loved our State and our coun- me, in a State such as Georgia where that the incumbent did not get 50 per- try as much as anybody who has ever you have a lot of pickup trucks and a cent plus one. Paul then won, after served in this body. It is a sad day but lot of rural communities, wearing a coming in second, the runoff election yet a very good day from the stand- seatbelt was not the most popular and, thus, his fourth election in 1992. point of having the opportunity to re- thing in the world. But Paul knew it In 1998, he became the first Georgia member the strong and positive leader- was good for saving lives. He knew it Republican to ever be reelected to the ship of Senator Paul Coverdell. was good for lowering insurance rates Senate. He was such a class guy here The PRESIDING OFFICER. The Sen- because he was an insurance man. He that he was respected and admired by ator from Georgia. fought against a majority that did not folks on both sides of the aisle. I went Mr. ISAKSON. Madam President, I want it, but he prevailed and he won, back and looked at some of the com- am honored and privileged to join and today many lives have been saved ments Republicans and Democrats Leader MCCONNELL and Senator because of the efforts of Paul Coverdell made on the floor of the Senate after CHAMBLISS to take a few minutes to in the Georgia Legislature. Paul’s death. It truly was, again, a talk about one of my great friends, Senator CHAMBLISS told his story of very moving experience to read those Paul Coverdell, and his lovely wife Paul in his dark suit and his red tie comments. Nancy. MITCH MCCONNELL has done and his white shirt. I want to tell mine. He created what is called the Cover- some great recollections of Paul’s serv- Back in 1982, I was on the beach at dell ESA, or the Coverdell education ice in the Senate. Senator CHAMBLISS Jekyll Island, GA, following a joint savings accounts—they are really edu- told some great stories of his relation- house Republican-senate Republican cation IRAs—to allow families to set ship with Senator Coverdell. I wish to conference. The late Haskew aside money on a tax-free basis to edu- share some of mine to certify and docu- Brantley—then a Georgia State sen- cate their children. Paul loved edu- ment that everything they have said is ator—and I were on the beach under an cation. It was very near and dear to absolutely correct. umbrella enjoying the beautiful coast him. He was very proud of being able to I met Paul Coverdell in 1972, 2 years of Georgia on our great island, Jekyll establish those IRAs for future leaders after he was elected to the Georgia Island. In the distance we could see of the country. State Senate as the fifth Republican to this figure coming toward us that A quick story about Paul. He was a serve there. I was running for the Geor- looked from a distance as having on a very unique individual. He never wore gia House of Representatives. Although suit, walking on the beach with his anything but a dark suit, never wore I lost in 1974, I won in 1976. A few years shoes in his hand and his pant legs anything but a long-sleeve white shirt. later, I became the leader of the Repub- rolled up. The closer he got, the more I remember one day I had an event licans in the Georgia House of Rep- Haskew and I realized: That is Paul down in the very southern part of my resentatives, and Paul was the senate Coverdell. congressional district, down at the leader. The senate had their caucus Paul came in his red tie, his but- Okefenokee Swamp. It was in July or elections every January after elec- toned-down white shirt, his dark pin- August, I don’t remember which, but I striped suit but with his shoes in his do remember it was extremely hot. The tions. I always loved the senate elec- hand. He sat in the sand with us, humidity in south Georgia on a June or tion. They had five caucus officers and talked, got up, walked back to the July or August day is extremely high. five Republican Senators. So instead of parking lot, and drove to Atlanta. In We were all there, and some other having an election, they drew straws. fact, I am not sure I ever saw Paul Members of Congress who were there They drew straws and they drew Paul when he did not have on the dark suit, were in shorts and golf shirts. What- Coverdell, to which he was forever re- ever we could put on to stay cool or elected as leader of Republicans in the the red tie, and the white shirt. He was always dressed to the nines, somewhat cool, that is what we had on. Georgia State Senate. and he was always ready for whatever Paul showed up. As always, Paul had Paul was the most organized guy I challenge came. His wife Nancy, who is on a dark suit and a white shirt. We fi- have ever known and was the most a beautiful lady I saw just a few weeks nally did get him to take his tie and goal-oriented guy I have ever known. His goal—when we were outnumbered ago on the coast of Georgia, actually coat off because we were going to ride had her real estate license in my com- out into the swamp. I used to kid Paul 10 to 1 in the senate, Democrat to Re- pany. So not only did I know Paul, but about that really until the time of his publican, and 8 to 1, Democrat to Re- death. publican, in the house—he dreamed of I knew Nancy, and for 35 years they The leader is right, Senator Lott had the day when we were in the majority. were as close of friends as I have ever a term for Paul Coverdell. He called As the Republican leader of the house, had. But for 35 years they served Geor- him Mikey because anytime Trent he would summon me, by kind invita- gia day in and day out in whatever ca- needed to get something done, he tion, on every Monday morning, to the pacity they could to make it a better would go to Mikey. Paul just had a way Buckhead Waffle House or the State. of making sure that whatever the chal- Buckhead IHOP where we would have I think it is a great tribute to tell lenge was, it got done and got done in coffee and talk about how one day we this story: When Paul was elected to a very efficient way. were going to be the majority party in the Georgia State Senate as the fifth The photograph I cherish most of all Georgia. Republican in history in 1970, for some- my political photographs is a black- Now, I am an optimist. I was a sales- body to think a Republican majority and-white photo. It is a picture of Paul man all my life. I believed we could get could ever have taken place, they and myself sitting in his office at one there too. But Paul had a step-by-step would have laughed. But shortly after of our weekly meetings that took place plan—a plan that in 1976 seemed tanta- Paul’s death, the legislative office while I was in the House and he was in mount to impossible but a plan that building where every member of the the Senate, the two of us just sitting was realized with his election to the Georgia House and Senate in downtown there talking. The expression on Paul’s Senate in 1992, a congressional major- Atlanta has an office was named the face is so classic Coverdell. It always ity for Republicans in Georgia in 1994 Paul D. Coverdell Legislative Office makes me feel good and is a great re- and, ultimately, the first Republican Building. He went from the bottom in minder of Paul. Governor in the history of our State terms of numbers, and he went to the Paul’s wife Nancy has always been a Post-Reconstruction, in 2002. top, but he climbed it one step at a dear friend. She was such a great asset Paul meticulously was a partisan, time; he climbed it one commitment at to him. She has chaired my military but he was, above that, an American. a time, and he never lost sight of the academy appointment committee in all Paul Coverdell was also a man of ideas. fact that he was an American first and of my years in the Senate. She is a Folks have talked about the Coverdell a Republican second but always com- wonderful lady. Again, we have some education savings accounts, which he mitted to the values of Georgia and the very fond conversations together about authored in the Senate and are now values and the conservative principles Paul from time to time. law. But I remember, in Georgia, in the we shared.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6015 So on this day, just 10 years after his America. I have a family of four: $12 a is a lot to be gained in this area as passing, we rise to pay tribute to a day for my family. A significant sum, well—up to 2 million barrels of oil per great American, a great Member of the hundreds of dollars a month for my day. We have a group out in Oregon, a Senate, and a leader who made it pos- family, goes overseas. When those dol- nonprofit called Cascade Sierra. Cas- sible for people such as Senator lars go overseas, they create jobs over- cade Sierra works in partnership with CHAMBLISS and myself to follow in his seas instead of creating jobs here in the trucking community to make sure footsteps and one day, ultimately, America. Try to picture the difference there is a one-stop shop to acquire dif- serve in the greatest deliberative body between spending $1 billion a day over- ferent technologies designed to in- in the world, the U.S. Senate. seas and spending $1 billion a day on crease the efficiency of trucks. They I pay tribute to Paul Coverdell and red, white, and blue American-made deploy airfoils to make the trucks go his legacy and his beautiful wife energy. That is the difference between down the highway more efficiently. Nancy. families who have jobs, a stronger They provide the technology for auto- I suggest the absence of a quorum. economy, or a weaker economy. matic tire inflation which makes a The PRESIDING OFFICER. The Oil addiction makes us weaker as a huge difference in mileage over time. clerk will call the roll. nation. Oil independence makes us Cascade Sierra makes available dif- The assistant bill clerk proceeded to stronger as a nation. Isn’t it time to ferent types of generators so that a call the roll. choose strength over weakness? truck, instead of running its large die- Mr. MERKLEY. Madam President, I I wish to take a look at the numbers sel engine to provide electricity when ask unanimous consent that the order demonstrating the challenge before us. it is stopped, can instead run a small for the quorum call be rescinded. The estimate for the amount of oil we generator. Now they are working to The PRESIDING OFFICER. Without will be importing as a nation 20 years help develop charging stations where objection, it is so ordered. from now is between 6 million to 7 mil- the trucks can actually plug in to Mr. MERKLEY. Madam President, I lion barrels per day, as indicated by power up their electric infrastructure ask unanimous consent to speak as in this column. If we were to put together on the truck rather than running their a plan that would reduce our consump- morning business. diesel engine. The PRESIDING OFFICER. Without tion of oil by more than 6 million to 7 There are many ways to increase effi- objection, it is so ordered. million barrels per day, then we would ciency on trucks as well as increasing Mr. MERKLEY. Thank you, Madam have a plan that equates to independ- efficiency by shifting a percentage of President. ence from oil so that we would be able our freight transportation from trucks OIL INDEPENDENCE to eliminate the requirement, the need to barges and rail. Rail and barges are Madam President, today I come to to import oil from overseas. incredibly efficient. I am constantly The good news is that the tools are at this Chamber to speak about oil inde- amazed at the statistic of how far you hand to have such a strategy. What we pendence for a stronger America. Many can take a ton of freight with one gal- have lacked is the will, the political folks across America are continuously lon of diesel. For all of my colleagues will to move forward; the will to say, talking about the downside of our ad- yes, we are going to have a plan and we who may be wondering: Well, how far diction to overseas oil. Today I am are going to stay on that plan over the can you go? Can you go 50 miles? Can going to be presenting a plan embody- course of time, the two decades nec- you take a ton of freight 50 miles with ing a bill with that name: Oil Independ- essary to implement it. one gallon? Well, no, it is higher than ence for a Stronger America. So what are the major strategies that. Is it 100 miles? No, it is over 400 One of the big issues of our depend- through which we can end our addic- miles, a ton of freight, with one gallon ence on foreign oil is national security. tion to overseas oil? The first strategy on rail or by barge. Significant savings We send $1 billion a day overseas to I wish to talk about is changing the are available in that area. governments that often don’t share our consumption of gasoline in passenger The third section is smart metropoli- core American values; governments in vehicles. Right now we have a number tan transportation options. Portland, the Middle East, in Nigeria, in Ven- of hybrid cars that consume a lot less OR, is a city that is working very hard ezuela. Sometimes those dollars end up oil. We have coming on the market to provide options to its citizens on directly in the hands of terrorists. As next year the Nissan LEAF, the Chev- how they commute back and forth to some national security analysts have rolet Volt. We have the Tesla sedan. work. We have light rail not too dis- noted, in our current wars we are We are going to have numerous options similar from what we have here in sometimes funding both sides of the for customers in America to be able to Washington, DC. Back home in Oregon, battle, and that is not a good place to satisfy their domestic transportation we also are building streetcars, and be. needs in ways that consume vastly less streetcars create a whole infrastruc- In addition, to maintain our access gasoline, and that means less overseas ture around efficient electric transpor- to that overseas oil, we have to main- oil. So the question is whether we pro- tation for neighborhoods. Then we are tain a significant national security mote adoption of these strategies. working on other strategies, including military force. Some analysts have es- There is a tremendous amount to gain bike lanes, and so forth, that create a timated the cost of that additional se- by promoting adoption of these strate- network of options for effective noncar curity, that additional access to guar- gies. transportation. Those types of strate- antee oil for America, has a value or a I wish to thank Senator BYRON DOR- gies can do an enormous amount in re- cost of up to $5 per gallon. So those GAN and Senator LAMAR ALEXANDER ducing the amount of fuel we consume, aren’t dollars we pay at the pump, but who partnered with me, the three of us not to mention reducing the congestion we certainly pay them in terms of our together, on the Electric Vehicle De- and, therefore, improving the quality national security overhead. ployment Act. This is an act that will of life for Americans throughout met- In addition to national security, our take a half dozen or so communities ropolitan areas. Potential savings: 1.7 addiction to overseas oil is terrible for across this country and create deploy- million barrels of oil per day. our economy. We are sending $1 billion ment communities to test drive, if you The fourth area is in alternative a day overseas. Two years ago, when will; building the infrastructure nec- fuels. There have been natural gas the cost of a barrel of oil surged up- essary for electric vehicles in partner- forklifts since I was a little kid. Com- wards, we were sending $2 billion a day ship with the deployment of electric pressed natural gas is an effective fuel. overseas. It will be that again. It will vehicles, because the two have to work Through recent developments in drill- go higher, because the world’s demand together. From what we learn from ing technology, we have discovered we for oil is only increasing. As the econo- those deployment communities, we can can produce a lot more natural gas in mies of Asia, and particularly the econ- develop an accelerated strategy to shift our Nation, which means a lot more po- omy of China, are growing, the demand to electricity from gasoline across this tential to power up trucks with natural for oil is growing as well, and with it Nation. The potential savings are 3.2 gas rather than diesel. So that is a we will be paying more. million barrels per day. technology that will have a big impact. Take that $1 billion a day. That is $3 The second strategy is to have more A second area is advanced biofuels. for every man, woman, and child in efficient freight transportation. There Certainly I wish to see the forests of

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6016 CONGRESSIONAL RECORD — SENATE July 20, 2010 Oregon generating some advanced cel- The PRESIDING OFFICER (Mr. sector means a healthy and prosperous lulosic ethanol for our truck fleet and KAUFMAN). Without objection, it is so community. In the meantime, manage- to do so in a fashion which is environ- ordered. ment, workers, elected officials, and mentally sustainable so the power of Mr. BROWN of Ohio. Mr. President, I community leaders all continued to plants, if you will, can be a significant ask unanimous consent to speak for up work together to find a way to keep factor in strengthening our domestic to 10 minutes as in morning business. the factory open. energy economy and creating more The PRESIDING OFFICER. Without Exactly a year later, in April 2010, an jobs here in America and reducing our objection, it is so ordered. agreement was made that would keep oil imports from overseas. HUGO BOSS workers in their jobs and would sustain The fifth area is energy-efficient Mr. BROWN of Ohio. Mr. President, that community’s economy. These homes and buildings. In this case, the last April a German clothing company, workers agreed to absorb wage cuts. savings are more modest: 200,000 bar- Hugo Boss, announced it was planning Many of them went from $12 or $13 an rels of oil per day. They are more mod- to close down its only North American hour down to $10 or $11 an hour. est because most buildings are not manufacturing plant located in Brook- Yesterday, we celebrated what hap- heated by heating oil. But we should lyn, OH, outside of Cleveland. Hugo pens when we work together to save a pay attention to those buildings that Boss told us they were going to expand plant and a community. Yesterday, are heated by heating oil, because the their American sales force but shut Governor Strickland and I joined 200 savings, when you increase the energy down all U.S. production. Despite the workers and Hugo Boss executives to characteristics of a building, are sub- Cleveland plant being profitable—a celebrate the first suit off the line of stantial. So that merits attention. plant that had been in existence for this restarted manufacturing plant. If one combines these strategies, we decades and decades prior to Hugo Boss Wanda Navarro and Sheila McVay were are looking at savings of well over 8 purchasing it—Hugo Boss planned to among those who spoke. Sheila McVay million barrels per day, as compared to move its Cleveland production to the introduced the Governor, and Ms. the estimate for imports 20 years from country of Turkey. Navarro introduced me. But before now of 6 million to 7 million barrels per I recognize Hugo Boss’s desire to ex- they did so, they spoke eloquently of day. So it is unquestionable that we pand their sales force by eliminating what being back to work means. I am can end our oil addiction if we have the production in the United States and proud to have stood by Wanda and political will, if we have the deter- shipping it to Turkey—a sad but all too Sheila and those who fought for the mination to sustain a plan through common story in our Nation today— classic American success story. every 4-year cycle over 20 years. but it was a devastating announcement I wear a suit. The suit I have on Here in America, we tend to oscillate for the workers and for the community today was union made in Cleveland, back and forth as Presidencies change, in Brooklyn, OH. Cleveland has a long OH, by these workers. One of these and that is why this bill, the Oil Inde- and storied history of manufacturing workers came up to me as I was stand- pendence for Stronger America Act, clothes and apparel, in addition to ing there and she pointed to the vest calls for a National Energy Security chemicals and steel and autos and so pocket of the suit, saying: I make Council that will sustain the attention much else. In Brooklyn, a suburb of those vest pockets; I probably sewed to the national plan as Presidents Cleveland, a factory is a source of pride that one. It makes me proud to have come and go, as Members of Congress and economic prosperity. Yet despite worked with Workers United and Hugo come and go. the shock and disappointment of the Boss to ensure that a premier global There should be little question in any announcement, the community rallied company continues to invest in this of our minds that America will be behind the workers. town, in this State, in American manu- stronger as an oil-independent nation In the ensuing months, Governor facturing. rather than an oil-addicted nation. Strickland and I met Hugo Boss execu- Yesterday marked a new chapter for There should be little question that tives and workers. I talked to the Hugo this company’s global competitiveness creating jobs here, buying American- Boss people in Germany by phone. I and for our community’s economic made energy at $1 billion a day is far went to the plant and talked to work- prosperity. But that celebration yes- preferable to sending billions of dollars ers, heard their stories—often workers terday must be viewed in the context a day overseas, where they are no who had been there 10, 20, 30 years, hus- of what is happening all too often in longer in our retail stores and are no bands and wives working together at our country. The closing of a plant too longer creating jobs. the plant making no more than $15 an often means moving it offshore. It Certainly, many of these strategies hour. So these were not jobs that paid looks like a good deal for the com- will have a very positive influence on a lot of money or made a lot of people pany’s quarterly financial statement. creating cleaner air and having Amer- rich, but they were jobs that gave par- That is initially what Hugo Boss ican leadership and stewardship of our ticularly immigrant workers a real op- thought when they were going to close planet. So numerous positive factors go portunity in this country to work. this plant—a profitable plant—and together. I want to be sure to thank They had decent health benefits, and move to it Turkey: manufacture more my original cosponsors of the bill. Sen- they made a wage that they could at clothes, sell more clothes in Turkey, ator TOM CARPER has done terrific least make a go of it. increase their U.S. sales force, and sell work on CAFE and CLEAN TEA, which Earlier this year, in February, when I more of them back into the United involves metropolitan transportation traveled to meet with some of those 400 States. We know that story can be told options. TOM UDALL brought insights workers, I began to hear these stories. again and again, when U.S. trade law, on freight, rail, natural gas, and As I said, the workers make no more U.S. tax laws, and companies think biofuels. Senator MICHAEL BENNET has than $15 an hour, and many make less about the next quarter more than they a comprehensive understanding of en- than that. They are paid decent bene- do the next year or the next decade and ergy issues that is of real value in the fits but barely enough to keep these outsource those jobs, then sell the Senate Chamber. working families in the middle class. products back into the United States. I will conclude with this: Let’s These workers did everything they As an example, I was meeting with choose a stronger oil-independent could to keep this plant profitable. someone today who is working to push America over a weaker oil-addicted Their work meant everything to the the Commerce Department to simply America. community. enforce U.S. trade law and enforce or I suggest the absence of a quorum. When the decision to close the fac- stop some of the currency manipula- The PRESIDING OFFICER. The tory was made, Joe Costigan, Sue tion by the People’s Republic of China. clerk will call the roll. Brown, Mark Milko, and Dallas Sells— He told me that only 10 years ago we The assistant bill clerk proceeded to all of Workers United—fought tire- had 19 million manufacturing jobs in call the roll. lessly on behalf of these workers. the United States. Today, we are down Mr. BROWN of Ohio. Mr. President, I Mayor Richard Balbier rallied the com- to about 11 million. Yet China has ask unanimous consent that the order munity to help keep the plant open, some 100 million people working in for the quorum call be rescinded. recognizing a healthy manufacturing manufacturing.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6017 For the last two decades, manufac- NASA AUTHORIZATION testing is beginning. We put in the turing has steadily declined, as finan- Mr. NELSON of Florida. Mr. Presi- President’s recommendation on that cial services expanded. The Presiding dent, I wish to compliment a lot of commercial cargo in this bill, which Officer from Delaware has worked on Senators on both sides of the aisle for was a recommendation for $300 million. and has talked about this. He under- the extraordinary bipartisanship—no, We agreed with the President to start stands this in terms of what has hap- the extraordinary nonpartisanship that the process of human-rating commer- pened with manufacturing versus what occurred in coming together unani- cial rockets for the purpose of being, in has happened with financial services. mously to pass the NASA authoriza- effect, a taxi service to and from the Only 30 years ago, manufacturing made tion bill out of the full Commerce Com- International Space Station. Human up more than a quarter of our Nation’s mittee last week. rating of a rocket is no small measure, GDP, our Nation’s gross domestic prod- The budget for NASA was about to be because when you strap in to a rocket, uct. Financial services was only 11 per- blown apart by centrifugal force—hav- there has to be all kinds of cent of our gross domestic product. ing different elements, different inter- redundancies in order to protect Today, those numbers are almost re- ests all going off in different direc- human life. Safety is one of our major versed, where manufacturing is only tions. Everybody seemed to have their watchwords. That was authorized as about half of what it was as a percent- own agenda. Geographical cir- well—at a different level from what the age of GDP and financial services is cumstances came into it as to whose President had originally recommended double what it was. Look where that States were being affected. The compa- and over 6 years as opposed to 5 years brought us as a nation. Look what hap- nies were at war with each other. that the President had recommended, pened to our jobs. Look what happened There was a lack of cooperation that but nevertheless it gets the project to the middle class. was going on between the legislative started. People at Hugo Boss and these other branch and the executive branch. All I The main thing we did differently companies make things. People in this can say is hallelujah, it all came to- from the President’s recommendation country who make things can provide a gether, and we passed the NASA bill is this. When the President came to the middle-class lifestyle for their loved out of the Commerce Committee last Kennedy Space Center a few months ones and their families. If we stop rely- week unanimously, with all the Sen- ago and said he wanted to develop a ing on manufacturing as something ators who spoke singing its praises. new heavy-lift rocket that will ulti- that is important to us as a nation— I am going to outline it in just a mately take us out into the cosmos, not everything but something impor- minute, but let me make note of an- the President set the goal—and I gave tant to us as a nation—we will see the other fact. We had unprecedented co- him great credit for this because you middle class continue to atrophy and operation between the authorizers; have to have a goal when you are de- decline. that is, the authorizing committee, and veloping cutting-edge technology—he We need a national manufacturing the appropriators. As we speak, the Ap- set that goal of going to Mars by a strategy that ensures that trade agree- propriations Subcommittee on Com- flexible path. The first way station he ments and tax laws come down on the merce, State, Justice, which includes pointed to, with a date 2025, is an aster- side of workers and communities, not the NASA appropriations—are pre- oid. He said he wanted that heavy-lift encourages investors to go overseas, paring the markup. We will find out rocket to start to be developed by 2015. make things in China and then send the result tomorrow afternoon. But I That is a 5-year wait. Our committee them back to the United States. We can tell you the cooperation was exten- did not want to wait that long. We need a national manufacturing strat- sive and so was the communication, want to get started now. In the author- egy that once again invests in Amer- the likes of which we have not seen ization bill, in a congressional com- ican workers and incentivizes compa- around here this year, particularly in mittee, we cannot design a rocket. But nies to promote manufacturing innova- this year when there is so much grid- we can set policy guidelines to the ex- tion. We need a national manufac- lock and we have so much difficulty ecutive branch of government and to turing strategy that recognizes manu- getting anything done. That has not the agency, in this case NASA, as to facturing has been and always will be a been the case with the NASA bill. using shuttle-derived technology and ticket to the middle class for millions There are a host of Senators, they all building on that, making it, in the par- of Americans. That is what manufac- know who they are, to whom this Sen- lance of the space community, turing means to workers at the Hugo ator wants to express his appreciation evolvable, and that is what we did in Boss plant in Brooklyn, OH, a suburb of for their coming together. As the Good the authorization bill. We want to Cleveland. That is what it means to Book says: ‘‘Come, let us reason to- start it now instead of waiting until workers in communities in Toledo and gether,’’ and it happened. As I said at 2011. We also did another thing differently. Dayton and Cincinnati and Lima and the time we passed it, I think it was a Although the White House was contem- Mansfield, OH, and that is what it near miracle, but I believe in miracles. plating this, by them embracing the means to the middle class all over this Indeed, it happened. Let me tell you what is in the bill. A consensus that we built, now they have great country. good part of what the President re- supported it; that is, to fly an extra Mr. President, I yield the floor, and I quested is there. That is why we had flight of the space shuttle. This is not suggest the absence of a quorum. the verbal and the written support of a space shuttle that we have to go out The PRESIDING OFFICER. The the President of this consensus that de- and build the parts for. It is a space clerk will call the roll. veloped, which we passed. We had the shuttle, a stack with the external tank The assistant legislative clerk pro- President’s recommendations on the and the two solid boosters as well as ceeded to call the roll. top line of the spending for NASA, the orbiter we already have and ready Mr. NELSON of Florida. Mr. Presi- about $19 billion for this next fiscal to be on the pad as a rescue shuttle for dent, I ask unanimous consent that the year starting in October. the remaining two flights, one of which order for the quorum call be rescinded. The President recommended the ex- will come this November, the other The PRESIDING OFFICER. Without tension of the International Space Sta- next February. We wish to fly that objection, it is so ordered. tion to 2020, which was originally sup- third flight. It is likely to be the or- Mr. NELSON of Florida. Mr. Presi- posed to expire in 2015, which was abso- biter Atlantis. That would come a year dent, what is our parliamentary posi- lutely ridiculous. We are just now get- from now, probably next June. tion? ting it built and it is about a $100 bil- There is a lot more stuff to take up The PRESIDING OFFICER. We are in lion investment. The President wants to the space station. There is a lot a period postcloture. to start a commercial rocket industry, more equipment, supplies, and, inter- Mr. NELSON of Florida. Mr. Presi- already under contract with NASA— estingly and importantly, there is a lot dent, I ask unanimous consent to speak two companies, SpaceX and Orbital of stuff up there that you need the big as in morning business. Sciences—to deliver cargo to the Inter- volume of that cargo bay of the orbiter The PRESIDING OFFICER. Without national Space Station. Those con- to be able to bring back to Earth. That objection, it is so ordered. tracts are already underway and the third flight will supply that.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6018 CONGRESSIONAL RECORD — SENATE July 20, 2010 We continue the President’s rec- many of our Senators on both sides of long-term unemployment we have had ommendations on all the other parts of the aisle so that when it comes to this since 1948. NASA—on the science part, on the aer- little $19 billion agency, the National In recent weeks, I have come to the onautics part, and on the acceleration Aeronautics and Space Administration, Senate floor several times to share the of research and development for new the agency that carries the hopes and heartbreaking letters and e-mails I technologies. We continue that. We dreams of a lot of Americans, it is my have received from long-term unem- focus some of that development of hope that under those circumstances, ployed workers in Iowa. These families technologies in our authorization bill as we get on into the fall, that that is are struggling to survive. These Iowans toward the building, the designing, and how we can fund NASA with an appro- are trying their hardest, doing every- ultimately the flying of this heavy-lift priations bill, if we cannot pass the thing they can to find any kind of vehicle, complete with a crew compart- overall CJS appropriations bill in its work. But the jobs just aren’t there. ment, which more than likely will be entirety. Officially, there are five job seekers in the form of what we thought of in I come as someone who 2 weeks ago for every new job opening. Unofficially, the old days as the capsule. didn’t know where in the world we and more accurately, there are more Therefore, at the beginning of the were going or how we were going to get than eight job seekers for every open- new fiscal year, which comes this Octo- the votes. But Senators came together, ing. Here on the chart, it says that ber, assuming that we have the author- and I, for one, this Senator, hope for when you include the discouraged ization in place—if that is the decision the sake of all those young people out workers who aren’t counted in the offi- of the Appropriations Committee as there whose hearts beat a little bit cial numbers, unemployment has gone well, and we can get that appropriation faster when they see that rocket as it up to 26 million. Yet there are 3.2 mil- passed and signed into law by the climbs into the heavens, who had the lion job openings. So there is between President—then, come October 1, they dreams of understanding what is out five and eight unemployed workers for will start on the development of that there in that universe that we are ex- every job opening. new heavy-lift vehicle. ploring—for the sake of all those young I say to those desperate families in This has been met with wide con- people, for the sake of this country and Iowa and across America that we have sensus. The research and development its technological prowess, for the sake listened to you, we have heard you, and on new technologies will continue. of this country and its people, for the we have been fighting desperately over They will be more focused and di- technological spin-offs that come out the last 49 days here to get an exten- rected. They will be more immediate. of the research and development of the sion of unemployment insurance bene- The capability of having the commer- space program that absolutely per- fits. Every time we have tried it, we cial rockets be human rated, to be the vades our everyday life to make our have been obstructed by the minority, trip to and from the space station, will quality of life better, for the sake of the Republicans. So thanks, today, to be there, and it will start immediately. the future of this country, that we stay the first vote cast by the new Senator All this dissonance and argument and on the cutting edge, inspiring our from West Virginia, Mr. CARTE GOOD- criticism, it all came together and it young people into math and science WIN—by the way, I might say to Sen- passed unanimously. I await very ex- and technology and engineering so we ator GOODWIN, who was just sworn in at pectantly and very hopefully for the can stay as the leader in this global about 2 p.m. and then cast his first Appropriations Committee—they are marketplace, because we have the inge- vote, he can be rightfully proud of the acting as we speak—on seeing the re- nuity, the creativity, the inventive- first vote he cast in the Senate—to sults of their work. ness. help lift up people who, in many cases, Let me say in conclusion, I could A lot of that inspiration comes out of have lost all hope, to make sure fami- name a dozen Senators. They all know our space program, both manned and lies get the necessary wherewithal to who they are. I have said it in press unmanned. It is our destiny as a people put food on the table and keep their conferences, and so forth, singing their to explore. It is our heritage as a peo- families together. Thanks to the first high praises. Somewhere down the line, ple that we have explored. We have al- vote of the new Senator from West Vir- if this Chamber is still in gridlock on ways had a frontier. When we devel- ginia, today we were able to get cloture so many other issues that we have and oped this country, we expanded west- and stop the filibuster. if we get to the point we are not able to ward on the frontier. Now that frontier I also thank the two Republicans— pass appropriations bills and if we, in is upward. We can do no less than to Senator SNOWE and Senator COLLINS— fact, have to go back in order to fund continue the quest. who also voted with us today to make the government starting October 1 on I yield the floor and I suggest the ab- sure we were able to get this extension what is called a continuing resolution, sence of a quorum. into law. which usually is a continuance of the The PRESIDING OFFICER (Mrs. Just remember, on three occasions previous year’s funding—hopefully, we HAGAN). The clerk will call the roll. this summer Republican Senators will have passed by the Senate Appro- The assistant editor of the Daily Di- pulled out the stops to filibuster and priations Committee their bill that is gest proceeded to call the roll. kill efforts to extend unemployment very similar to the authorization bill I Mr. HARKIN. Madam President, I benefits. During that time, we heard a have just described. In that case, if we ask unanimous consent that the order rising chorus on talk radio and even are in gridlock, it would be my hope, it for the quorum call be rescinded. from some Senators. They said that ex- would be the hope of some dozen of us The PRESIDING OFFICER. Without tending unemployment benefits would Senators that we would be able, then, objection, it is so ordered. be a bad idea because, in so many to take that Appropriations Committee Mr. HARKIN. Madam President, after words, people are lazy, and they are bill, passed by the Senate Appropria- months of obstruction, we have over- just relying on their benefits instead of tions Committee, if we have to go to a come a shameful effort by the Repub- looking for work. continuing resolution, and put that lican minority to block the extension As the distinguished minority whip, NASA appropriations bill in the con- of emergency unemployment benefits. the Senator from Arizona, Mr. KYL, put tinuing resolution. Because of the obstructionism of it: The alternative would be disaster. It those on the other side of the aisle, . . . continuing to pay people unemploy- would be appropriating on the basis of more than 2 and a half million unem- ment compensation is a disincentive for last year’s bill that would completely ployed Americans have seen their bene- them to seek new work. blow apart the consensus I have just fits terminated in recent weeks—49 I believe that is woefully out of touch described. It would have the manned days ago, to be exact. They are among with the reality of trying to survive on space program dead in its tracks by the the nearly 6.8 million Americans who unemployment benefits. Let’s look at funding at last year’s levels without have been out of work for more than the facts. While the numbers vary from the policy direction. half a year. That is the highest number State to State, the average weekly un- But, despite gridlock, I am an opti- of long-term unemployed we have had employment benefit nationwide is only mist. I believe what I have laid out is since we started keeping track in 1948. about $300 a week. As this chart shows, the mere expression of support of so Again, this is the highest number of $300 a week in UI benefits adds up to

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6019 about $15,000 a year. That is the aver- tax breaks President George Bush and November. So we can now say to the age. The poverty line for a family of a Republican Congress gave to the people who are unemployed: You will four is $22,000 a year. So is the Senator wealthiest 1 percent of Americans in get your unemployment benefits until from Arizona saying someone who is 2001 and 2003 should be extended for an- the end of November. And I hope the getting $15,000 a year—a family of other 10 years. And they are saying the programs we are working on will turn four—would rather get that than find a cost of those tax breaks should not be this economy around. job and make well over $22,000 a year, offset, they should simply be added to Tomorrow, the President will sign which would be the poverty line? the deficit. into law the financial reform bill we Would they rather exist on $15,000 a So let’s be clear about what our Re- passed here last week. This is going to year than, say, $45,000 a year or $55,000 publican friends are saying. They are go a long way toward reassuring the or $60,000 a year? saying the roughly $33 billion cost of markets that we are going to have It is incredible to think that someone extending unemployment benefits for openness and transparency and that we would say that when there is one job some of the most desperate workers in are going to now deal openly and forth- for five to eight people out there look- our society is unacceptable if it adds to rightly with our financial institutions ing. To say that somehow by giving the deficit, but extending tax breaks and demand of them that they deal them $15,000 a year—$300 a week—that for the most fortunate and privileged openly and forthrightly with the Amer- will keep them from going to work is Americans, which would cost a whop- ican people. I am hopeful the economy preposterous. ping $670 billion over the next decade, will turn around, but the economists This line of argument is not just ab- well, we can just add that to the def- say things are still kind of dicey. Well, surd and factually wrong, it is shame- icit. So, again, $33 billion to help peo- if that is the case, our obligation is to ful. It is shameful to say that about ple who are out of work, who are des- make sure we have a safety net, and hard-working Americans, who, through perate, to help them feed their chil- the biggest safety net of all is unem- no fault of their own, are out of a job. dren, stay in their homes, pay their ployment insurance benefits. I keep saying every time I come to the mortgages, keep their families to- I am sorry we had to wait 49 days be- Senate floor that we all have jobs here. gether, that $33 billion we can’t spend cause of Republican intransigence and Every time I come here and look because it adds to the deficit; however, their raising the filibuster on this, but around, I see fellow Senators and we can extend these tax breaks that we finally got it done today, and pretty staff—we all have jobs. We are not wor- cost $670 billion for another 10 years. soon those checks will be going out to ried about tomorrow. Think about your Oh, yes, we can add that to the deficit. our American families. I just hope we own family. What if you were out of That is what my Republican friends are don’t have to keep extending it. I hope work and have been out of work for a saying. Well, this is breathtaking. It is the economy turns around. But if it year and you are out there looking for breathtaking to hear this line of argu- doesn’t—if it doesn’t—I say to my Re- work, and for every job there are eight ment. It is nothing more than a return publican friends right now, as we go other people out there looking for that to the Bush years when the President, into next year, these tax breaks they job? You have to put yourself in the with a Republican majority here, want to extend for the wealthiest 1 per- shoes of those kinds of families. dragged us into trillion dollar wars and cent, I am sorry, that is going to have It is shameful to say somehow that turned major surpluses into historic to take a backseat to the people who by giving people unemployment bene- deficits—historic deficits. Well, today, are unemployed in this country. We fits, they are not going to go back to finally, the Senate said: No, we are not need to make sure we do everything work because of that—I have more going to go any further on this. We possible to get them jobs, to get them faith in the American people. The drew the line. We had our vote. Short- back to work, and to make sure they American people want to work. In fact, ly, we will vote on passage of the bill— get the unemployment benefits they the figures show that we are still the 49 days too late. need until such time as those jobs do Imagine, if you will, that you are one most productive Nation on Earth. Does return. of those persons and you have a family. that somehow point to lazy Americans? Madam President, with that, I yield Maybe you have an illness in the fam- No. Given the opportunity, Americans the floor, and I suggest the absence of ily. Maybe you have a child who is sick can outwork anybody anywhere in the a quorum. or a child with a disability or maybe world—if there is only a job. The PRESIDING OFFICER. The To say that somehow giving unem- some other unfortunate things have happened to you. Maybe you have been clerk will call the roll. The assistant ployment benefits encourages people to bill clerk proceeded to call the roll. be lazy flies in the face of the facts out of work and you lost your unem- Mr. CARDIN. Mr. President, I ask about hard-working Americans—how ployment benefits 49 days ago. What unanimous consent the order for the hard they work and how productive have you done for those 49 days? Think quorum call be rescinded. American workers are. Well, there is about it. Think about what you would The PRESIDING OFFICER (Mr. little question that the long-term un- do. Well, I am sorry. I apologize to all UDALL of Colorado). Without objection, employed would like nothing more those Americans, on behalf of the Sen- it is so ordered. than to pull themselves up by the boot- ate, that we didn’t pass this 49 days Mr. CARDIN. I ask unanimous con- straps. But this economy right now is ago. But the Republican minority sent I be permitted to speak as in very short on bootstraps. would not let us do it because of a fili- Our Republican colleagues have trot- buster—because of a filibuster—which morning business. ted out another justification for stop- requires 60 votes. We didn’t have 60 The PRESIDING OFFICER. Without ping extending unemployment benefits. votes until today. So I am sorry people objection, it is so ordered. They say that extending the benefits had to wait 49 days, but the unemploy- IRAN will add to the deficit. They argue that ment extension we will pass today will Mr. CARDIN. Mr. President, I rise we should cut off some of the most des- be retroactive, so it will fill in those today to express my deep concerns over perate people in our economy. We last 49 days. I hope and trust that Iran’s nuclear ambitions and to ap- should take away their last meager many of the bills that piled up on those plaud new and tougher U.S. sanctions lifeline out of a concern for the deficit. kitchen tables—maybe the mortgage recently passed by Congress. Yet these very same Senators today payment that wasn’t made or maybe With both of the sanctions imposed are demanding that the 2001 and 2003 the mortgage company is calling all in U.N. Resolution 1929, and the Com- tax breaks for the wealthiest 1 percent the time and hounding you about it, prehensive Iran Sanctions, Account- of Americans be extended for another maybe you have had to go out and get ability, and Divestment Act becoming 10 years. Let me repeat that. These one of those awful payday loans with law, we are finally poised to inflict real same Senators on the Republican side high interest rates to tide you over—I damage to Iran’s nuclear program. But who are arguing that we can’t extend hope that will soon get taken care of, only a strong, unified, and forceful im- the unemployment benefits because it that you will get your unemployment plementation of a sanctions regime would add to the deficit are some of the benefits and be able to pay those off. will stop Iran from continuing on its same Senators who are saying these These will be extended until the end of current dangerous path.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6020 CONGRESSIONAL RECORD — SENATE July 20, 2010 While Iran still clings to the myth this year, there were about 3.2 million been arguing about this extension, that its recent Turkish-Brazilian com- job openings in the United States. they have been struggling to survive. I promise proposal is an antidote to the There were at the same time roughly 15 am pleased that this body has finally global and U.S. sanctions, we must not million unemployed Americans. With taken action to ease the burden they waste time pretending this is a sign nearly five jobless workers for every face. they are halting their nuclear program. job opening, desire to work on the part Extension of the emergency unem- Under this proposal, Iran would ship of the American people is definitely ployment compensation program pro- only half of its low enriched uranium not the problem. Instead of disparaging vides additional weeks of unemploy- out of the country for further enrich- the work ethic of Americans, these ment benefits to out-of-work Ameri- ment while continuing to violate a members should help us get des- cans once regular State unemployment multitude of U.N. Security Council res- perately needed aid to workers who benefits have been exhausted. The olutions. The international community lack not the desire to work, but the op- number of weeks of benefit is deter- cannot afford to be fooled by Tehran portunity. mined by a State’s unemployment rate. into slowing the implementation of the These opponents also tell us they op- The legislation also extends full Fed- sanctions and this is precisely why we pose this extension because it will add eral funding of the extended benefits should step up pressure on the regime. to the deficit. This is an odd position program. This program provides 13 to Make no mistake: Iran wants to be- to take after having supported pro- 20 weeks of benefits to unemployed come a world nuclear power, with the posals, such as the Bush tax cuts, that workers who have exhausted regular ability to threaten Israel, the United added far more to the deficit than this and emergency unemployment com- States, and the global community. legislation would add. To account for pensation benefits in States with Containing a nuclear Iran would be this clear contradiction, they say that threshold unemployment rates. virtually impossible and this growing they do not believe those tax cuts Thanks in part to some of the actions threat looms large in all international added to the deficit. The Republican of this Congress, including the Amer- diplomacy. If they acquired this capa- leader was quoted last week as saying, ican Recovery and Reinvestment Act, bility, it would be an unequivocal ‘‘There’s no evidence whatsoever that we are beginning to see some upturn in ‘‘game changer’’ in the Middle East the Bush tax cuts actually diminished what is considered the most severe eco- nomic recession this Nation has experi- and, indeed, throughout the world. An revenue.’’ He went on to say that this enced since the Great Depression. The undeniable threat to Israel and the is ‘‘the view of virtually every Repub- recovery, though, is not a quick and United States, a nuclear Iran cannot lican.’’ become a reality. We therefore must do Tax cuts decrease tax revenue. This easy process. Even though job loss has slowed, un- all in our power to prevent Iran from is not debatable. The entire economic employment remains high at 9.5 per- acquiring nuclear capabilities. team from President Bush’s White cent. This translates into 14.6 million I am heartened to see the administra- House will tell you so. Alan Viard, unemployed Americans. Further, an tion embrace both tough global, but former chief economist of President’ unprecedented number of Americans more importantly, stringent Congres- Bush’s Council of Economic Advisers, have been without jobs for more than 6 sional sanctions. The enactment of has said, ‘‘Federal revenue is lower months. The average length of unem- powerful and effective economic sanc- today than it would have been without ployment is now stretching to 35 tions against Iran—and the foreign the tax cuts. There’s really no dispute weeks. To put it simply, there are more companies that do business with among economists about that.’’ And job seekers than jobs available. For Tehran—will go a long way in further according to the Congressional Budget every job, there are five applicants. isolating this rogue nation. Office, roughly half the increase in our Americans want to work and are Mr. LEVIN. Mr. President, millions deficits since 2001 is due to those tax willing to work but until the job mar- of Americans all across the country, cuts. By contrast, the unemployment ket improves, many rely on unemploy- and hundreds of thousands in my State, extension would barely move the nee- ment compensation to support them- have lost their jobs. To soften the blow dle on our debt. selves and their families. That is why of those job losses, we seek to extend And what is the consequence of mak- the passage of the extension of emer- the emergency unemployment insur- ing these inaccurate arguments? It is gency unemployment insurance bene- ance benefits that many of these Amer- millions of Americans dealing with fits is so crucial; many unemployed icans receive. Since the beginning of tragedy on top of tragedy. Not only Americans quite literally can’t survive this crisis, we have extended these ben- have they lost the jobs that provided a without this support. efits several times, but more recently, decent living for themselves and their More than 19,000 Marylanders have a Republican filibuster has kept us families, but the benefits that could lost their benefits due to the delay in from doing so. help them keep food on the table and passing the legislation. The average I hope we will finally clear the way help clothe their children are held up benefit in Maryland is $312 a week. to extend these benefits today, because by politicians who fail to see that their This isn’t ‘‘money in the bank.’’ It is the failure to do so has been deeply justifications are fictional. food on the table. It is gas in the car. wrong. It has done great harm to mil- It is deeply frustrating and sad that It is medicine and other necessities. lions of American families. Already so many of our colleagues do not see Unemployment checks contribute to coping with an economy that is not yet the need to help these families. It is the local economy as they are spent al- creating the jobs they need, these fami- disappointing that they justify their most immediately on basic goods. For lies must also cope with the fact that obstruction with clearly false argu- Maryland, the delay in passing the leg- because of a Republican filibuster, Con- ments. And it is outrageous that they islation dealt a 6 million dollar blow to gress has failed to provide the help would oppose even our ability vote on the State’s economy each week. Na- they need. this measure. tionally, 2.5 million Americans have The arguments offered in opposition Michigan families who need us to act lost their benefits, costing the econ- to this extension aren’t just a matter should not have to wait 1 more day for omy approximately $775 million a of differing opinions. They are fictions. the help they need. Voting to approve week. And based on these fictions, the oppo- this cloture motion is the only justifi- Again, I thank my colleagues for nents seek not just to block an exten- able course. standing up for American workers and sion of unemployment benefits for mil- Mr. CARDIN. Mr. President, I rise families. Workers like 57-year-old Cyn- lions of jobless Americans, but to stop today to thank my colleagues for vot- thia Allen of Baltimore County, MD. us from even holding a vote. ing to extend the emergency unemploy- Cynthia was laid off from her data Some opponents tell us they oppose ment compensation program through management position in January 2009. this extension because jobless benefits November 30, 2010. This vote is long Outsourcing has made it difficult to encourage workers to stay on unem- overdue. While we have been debating find another job in that field. So, here ployment instead of seeking work. In the issue, families across the country she is, 19 months later, savings ex- fact, the Bureau of Labor Statistics re- dealing with long-term unemployment pended, credit cards maxed, and unem- ported just last week that in May of have been suffering. While we have ployment benefits exhausted. Until

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Constitution tucked away in his jacket the millions of Americans who are His knowledge of the traditions and pocket and his vast knowledge of the struggling to survive in these difficult history of the Senate were also quite rules of the Senate. As he said to many times. noteworthy. In 1989, the bicentennial of us, ‘‘he who knows the rules will It is time to finish the job of extend- anniversary of our cherished Constitu- rule.’’ ing these desperately needed benefits tion, Senator Byrd published a four- He believed, as I do, in the power of to people like Cynthia Allen. volume series on Senate history, which the Senate. He understood that the I yield the floor and suggest the ab- is a definitive work in describing and Senate should not be beholden to the sence of a quorum. outlining the storied traditions of this executive branch, but must remain sep- The PRESIDING OFFICER. The great Chamber. Senator Byrd’s love of arate and equal to provide the nec- clerk will call the roll. this body was known to all. He ex- essary checks. As he stated, ‘‘We must The assistant legislative clerk pro- pressed his love for the Senate at every never, ever, tear down the only wall— ceeded to call the roll. opportunity and much of his time was the necessary fence—this Nation has Mr. REID. Mr. President, I ask unan- spent trying to preserve those rules against the excesses of the Executive imous consent that the order for the and traditions he held dear. Branch and the resultant haste and quorum call be rescinded. Mr. President, this Chamber has suf- tyranny of the majority.’’ The PRESIDING OFFICER. Without fered a great loss. But, my sadness is Even in his frustration of the current objection, it is so ordered. tempered by the thought that Senator political climate and through his re- f Byrd is now reunited with his wife maining days, Senator Byrd continued Erma, to whom he was married for to fight for the protection of the rules MORNING BUSINESS nearly 70 years. I want to express my of the Senate and the rights of the mi- Mr. REID. Mr. President, I ask unan- sincerest condolences to Senator nority, because as he wrote, ‘‘I know imous consent that the Senate proceed Byrd’s family. what it is to be Majority Leader, and to a period of morning business, with Mr. BUNNING. Mr. President, today I wake up on a Wednesday morning in Senators permitted to speak therein want to speak on the loss of the great November, and find yourself a Minority for up to 10 minutes each. statesman, orator, and author, Senator Leader.’’ The PRESIDING OFFICER. Without Robert Byrd. Senator Byrd served the I extend my thoughts and prayers to objection, it is so ordered. State of West Virginia and this great his surviving children, grandchildren, f Nation in the Senate for over 50 years. and great-grandchildren. During this It has been an honor to serve and craft time of difficulty, there is strength in REMEMBERING SENATOR ROBERT legislation with Senator Byrd to pro- knowing Senator Byrd has once again C. BYRD tect and promote the values of our two been reunited with his sweetheart and Mr. HATCH. Mr. President, I rise States, which share a common border the son he missed dearly. today to pay tribute to our dear de- and economy. He represented his State f parted friend and colleague, Senator well. Robert Byrd of West Virginia. I have Following my election to the Senate, CYPRUS been deeply moved by the words of re- Senator Byrd offered me valuable ad- Mr. CARDIN. Mr. President, I rise membrance we have heard here in the vice and direction on the operations today to draw the attention of my col- Senate this week and I am honored to and rules of the U.S. Senate. Upon leagues to the legacy of the July 20, have been here today as Senator Byrd learning of his passing, my wife Mary 1974, invasion of Cyprus by Turkey and has lied in repose on the Senate floor. and I were deeply saddened by the its ongoing occupation of that island It is a fitting tribute to the man who, news. nation. Thirty-six years later, the over the course of an astounding ten- Starting from humble beginnings, human dimension of the conflict and ure of 52 years, came to embody the Senator Byrd was a great example of the artificial division of the country is Senate, its traditions, and its rules. the virtue of hard work and determina- evident in many areas. As Chairman of Robert Byrd was born in North tion. After losing his mother during the Helsinki Commission, I am particu- Wilkesboro, NC, in 1917. He was val- the influenza epidemic of 1918, Senator larly mindful of the violations of edictorian of Mark Twain High School Byrd was sent to live with his aunt and human rights stemming from the occu- and, through the course of his life, at- uncle in the coal-mining region of pation. I have walked along the U.N.- tended four separate colleges in West southern West Virginia. With a com- monitored buffer zone that cuts Virginia as well as the American Uni- bination of his strong work ethic and through the capital city of Nicosia. A versity College of Law. In the early quest for knowledge, Senator Byrd visitor to Cyprus need not look far to days of his career, he was, at one time graduated as valedictorian of his high discover the scars left by the artificial or another, a grocery clerk, a butcher, school class. Despite his stellar aca- division of a capital and a country. and a shipyard welder before beginning demic achievements, Senator Byrd was A year ago this week, the Helsinki his political career in 1946, when he was unable to attend college following his Commission held a public briefing, elected to the West Virginia House of high school commencement due to fi- ‘‘Cyprus’ Religious Cultural Heritage Delegates. After 5 years in the West nancial constraints. in Peril,’’ to draw attention to this as- Virginia Legislature, he was elected to At the age of 19, Senator Byrd mar- pect of the legacy of the events of 1974. the House of Representatives in 1952, ried his high school sweetheart and Experts at that briefing documented beginning what would be the longest lifetime soulmate Erma Ora James. In the scope of the destruction of sites in tenure in the history of the U.S. Con- an effort to support his growing family, the north, including Orthodox church- gress. Senator Byrd took jobs, which included es, chapels and monasteries as well as Senator Byrd came to the Senate in working as a gas station attendant and those of other Christian communities. 1959. He served right up until his death butcher, to put his family first. According to Archbishop Chrysostomos on June 28 of this year. During his time After serving in the West Virginia II, leader of the Church of Cyprus, over on the Senate, he was known for his House of Delegates and Senate, Sen- 500 religious sites in the area have been skills as a parliamentarian and his ator Byrd was first elected to the U.S. seriously damaged or destroyed. Subse- knowledge of Senate rules and proce- House of Representatives and began quent to the briefing that Church of dure. He put these abilities to great serving in 1953. Unable to stop his quest Cyprus filed a formal case with the Eu- use, serving in the Democratic leader- for knowledge, Senator Byrd began at- ropean Court of Human Rights regard- ship—as either the whip or the leader— tending night classes at the American ing its religious sites and other prop- for nearly two decades. Senator Byrd’s University’s Washington College of erty in the north. A report prepared by

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However, tion of Cultural Property in the North- the egregious desecration of Greek Or- while this bill is well-intentioned, I believe ern Part of Cyprus and Violations of thodox churches and sacred religious current law provides sufficient penalties for environmental wrongdoers, and I am con- International Law’’ was released at the artifacts that are not only sacred to cerned this bill goes too far in increasing en- briefing. hundreds of millions of faithful believ- forcement provisions by mandating restitu- Helsinki Commission staff traveled ers but beautiful and historic sites and tion to victims of environmental crimes. throughout the region, visiting numer- objects of inherent cultural value to all This bill expands the list of crimes which ous churches, each in various stages of of humanity. require mandatory restitution by adding en- deterioration, all plundered, stripped of The international community, speak- vironmental crimes covered by the criminal religious objects, including altars, enforcement provisions of the Clean Water ing through resolution after resolution Act. Currently, the list of crimes subject to iconostasis and icons. Other sites have by the United Nations Security Council mandatory restitution is limited to violent been turned into tourist resorts, stor- and General Assembly, has since 1974 crimes, certain offenses against property age warehouses or other purposes, in- called for an end to the division of Cy- under the Controlled Substances Act, and cluding stables, shops, and night clubs. prus and the return of refugees to their crimes relating to tampering with consumer Among photos on display at the brief- homes. After 36 frustrating years of products. No environmental law is listed ing were those showing the desecrated diplomatic stops and starts, a caval- under the mandatory restitution statute. It is clear this bill is intended as a re- ruins of graves with all of the crosses cade of U.N. special representatives sponse to the current oil spill in the Gulf of broken off of their bases and smashed. and envoys, and untold hours of nego- Mexico. However, it should be noted there is A nearby shed was stacked with broken tiations, the time has come for Turkey already a basis for holding BP liable for the headstones. A number of Jewish ceme- to concede that the Cyprus question is Deepwater Horizon oil spill, if it is found to teries in the region, according to re- one that can only be resolved through be negligently or willfully responsible—the ports, have likewise been vandalized mutual agreement on a solution, not Oil Pollution Act of 1990. The Oil Pollution and left in shambles. Finally, even the the imposition of one. It is essential for Act allows for liability up to all removal rare occasions when Orthodox services costs plus $75 million, and would eliminate Turkey to contribute practically and any cap whatsoever if the spill was a result that are allowed to be conducted in the substantively to the negotiating effort of ‘‘gross negligence or willful misconduct’’ north such exceptional events are occa- and embrace in concrete terms a reuni- or a ‘‘violation of an applicable Federal safe- sionally marred by security forces pre- fied and prosperous Cyprus where ty, construction, or operation regulation.’’ venting worshipers from crossing into Greek Cypriots and Turkish Cypriots There are also criminal penalties for viola- the area or the disruption of religious can live together in peace. tions of the Clean Water Act. These pen- alties, which may be enforced for negligent, services. Unfortunately, in a world that has The Commission recently received an knowing, and ‘‘knowing endangerment’’ vio- witnessed the collapse of the Berlin lations, include up to 3 years in prison and update from Dr. Charalampos Wall and the fall of communism, Cy- up to $1 million in fines for each violation. Chotzakoglou, one of the experts who prus remains as the last divided coun- Finally, according to Attorney General Hold- testified at our 2009 briefing. He reports try in Europe. Yet despite a generation er, BP may also face civil and criminal ac- a number of disturbing developments of suffering such injustices, the Greek tion under the Migratory Bird Treaty Act over the past year, including road con- Cypriot community continues to dem- and the Endangered Species Act. struction through a church yard; trans- If Congress feels these civil and criminal onstrate remarkable magnanimity in penalties are insufficient, we should consider port of grave markers robbed from seeking a fair solution to the division increasing them by amending the relevant desecrated cemeteries, reportedly to be of the island. Cyprus and the U.S. share penalty provisions. Similarly, if Congress be- recycled as scrap metal; the further a deep and abiding commitment to up- lieves mandatory restitution should be ex- looting of artifacts from churches; and holding the ideals of freedom, democ- panded into areas beyond the limited crimes the known conversion of another racy, justice, human rights, and the to which it currently applies, we should ad- church building into a night club. Dr. international rule of law. We must, in dress restitution as a whole, rather than sin- gling out certain issues or individual crimes. Chotzakoglou also reports on the con- our solemn role as a nation that cham- tinued difficulties in securing permis- Legislation expanding victim restitution has pions human rights and adherence to been introduced in the past, and if Congress sion to conduct religious services at the rule of law, stand with the Cypriots now believes expansion is appropriate it some of the sites in the north. to bring peace and stability to their is- should take the time to consider broad legis- The events of 1974 have taken a tre- land. lation on the topic, rather than a specific, mendous toll in so many areas, includ- I therefore urge my colleagues to join targeted response to a current event. ing Cyprus’ rich religious cultural her- me today in bearing witness to the 36 Furthermore, I believe this bill is overly broad, as it will criminalize ordinary Clean itage. As we mark this 36th anniver- years of injustice wrongfully brought sary, let us join in the hope that a reso- Water Act violations. For example, this bill upon the people of the Republic of Cy- would create mandatory restitution as a re- lution of the Cyprus question ham- prus, and in recommitting ourselves to sponse to: a property owner who constructed mered out, by the Cypriots and for the the urgent task of fairly and finally re- feeder ditches and discharged fill without a Cypriots, will be found. uniting the island. permit; a mining company that discharged Ms. SNOWE. Mr. President, I rise in drainage into navigable creeks without a remembrance of a deeply tragic anni- f federal permit; and coastal landowners who versary for the Cypriot-American com- REQUEST FOR CONSULTATION discharged sand and dirt in their ditching ac- tivities without a permit. While these ac- munity, their friends and relatives in Mr. COBURN. I ask unanimous con- Cyprus, and for people everywhere who tions are all violations of the Clean Water sent to have printed in the RECORD a Act, I do not believe they are intended to be believe in timeless values such as lib- letter dated July 20, 2010, to Senator brought under the mandatory restitution erty and human dignity. Thirty-six MCCONNELL. statute. Nevertheless, as currently con- years ago today, the armed forces of There being no objection, the mate- structed, this bill would indeed expose the Turkey invaded Cyprus in flagrant vio- rial was ordered to be printed in the violators to mandatory restitution. I am concerned the changes specified in lation of international law, occupied RECORD, as follows: the north of the island state, and put in this legislation may be unnecessary, overly U.S. SENATE, broad, and may contribute to the over-crim- place a heavily armed force that con- July 20, 2010. inalization of federal law. In addition, adding tinues to occupy nearly 37 percent of Hon. MITCH MCCONNELL, the Clean Water Act to the mandatory res- Cyprus’ territory. Senate Minority Leader, titution statute will create increased liabil- There are more than 43,000 Turkish U.S. Senate, Washington, DC. ity, additional private rights of action, and troops on Cyprus—that is approxi- DEAR SENATOR MCCONNELL: I am request- increased litigation. Finally, it does not ap- mately one Turkish soldier for every ing that I be consulted before the Senate en- pear this bill is needed in order to prosecute two Turkish Cypriots. Meanwhile, the ters into any unanimous consent agreements legitimately liable companies for violations occupation, expropriation, and destruc- or time limitations regarding S. 3466, the En- of the Clean Water Act. Nevertheless, this vironmental Crimes Enforcement Act. My bill has been expedited through the legisla- tion of Greek Cypriot-owned property concerns with this bill include, but are not tive process, with no hearings scheduled to in the north of the island continues limited to, those outlined in this letter. explore its need and little time allowed to unabated. Indeed, thousands of U.S. Individuals and corporate entities who properly evaluate the consequences of the citizens of Cypriot descent have claims commit environmental crimes must be held mandatory restitution provision.

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Yet we seldom priate responses Congress should pursue if develop and implement sound water understand the magnitude of their sac- current penalties for environmental wrong- quality policies that advance clean rifice and the benefit of their courage doers are insufficient, and I believe expe- water and a healthy environment. that was a gift to all Americans. dited, targeted legislation of this nature is God bless the memory of Syl Metzger likely to create unintended consequences It is my sincere pleasure to congratu- late NACWA on the occasion of its 40th and the rest of the ‘‘greatest genera- which outweigh any positive value it may ∑ add to our environmental law matrix. anniversary. This committee has relied tion.’’ America says thank you. Sincerely, on NACWA’s strategic input for dec- f TOM A. COBURN, M.D., ades and will undoubtedly continue to REMEMBERING FIRST SERGEANT United States Senator. do so as we shape the course of envi- NICK BACON ronmental protection for our Nation’s f ∑ waters in the decades to come.∑ Mr. PRYOR. Mr. President, today I ADDITIONAL STATEMENTS pay tribute to the life, service, and f memory of 1SG Nick Bacon, U.S. Army REMEMBERING SYL METZGER (Ret.). First Sergeant Bacon, the last NATIONAL ASSOCIATION OF ∑ living Medal of Honor recipient from CLEAN WATER AGENCIES Mr. DORGAN. Mr. President, last week I received notice from a North Arkansas, passed away July 17, 2010, at ∑ Mr. CARDIN. Mr. President, I wish to Dakota constituent about a funeral the age of 64. His life will be remem- take this opportunity to congratulate that was held on Friday. The funeral bered not just for his heroic military the National Association of Clean was for Syl Metzger from Langdon, ND. service, which earned him the pres- Water Agencies, NACWA, on the occa- Reading about the life of this extraor- tigious Medal of Honor, but also for his sion of its 40th anniversary. NACWA is dinary man reminded me again about work on behalf of veterans in Arkansas a dynamic national organization, in- how much we owe to people we seldom and across this Nation. volved in all facets of water quality thank. Narrowly surviving a helicopter protection. As a key stakeholder in the Syl Metzger was not a politician or a crash in his first tour of duty, then legislative, regulatory, and legal are- business executive or celebrity. But he Staff Sergeant Bacon volunteered for a nas, NACWA has built credible collabo- was a hero. He was one of what Tom second tour of duty in Vietnam; this rative relationships with Members of Brokaw called the ‘‘greatest genera- time he was leading a squad with the Congress, the Environmental Protec- tion.’’ He was one of those young 1st Platoon of B Company of the 4th tion Agency, the Federal courts and Americans who seven decades ago was Battalion, 21st Infantry, 11th Infantry other governmental bodies. called on by his country to put on a Brigade, Americal Division. On August The emergence of NACWA as a na- uniform, pick up a rifle, and wage the 26, 1968, in an operation west of Tam tionally recognized leader in environ- fight for freedom half way around the Ky, Staff Sergeant Bacon and Company B drew heavy resistance from enemy mental policy and a sought-after tech- world. nical resource on water quality and Syl Metzger landed on the beaches of forces. In the ensuing action, Bacon led ecosystem protection issues has par- Normandy during the D-day invasion. two platoons in stifling the enemy as- alleled the maturation of one of the He fought in the campaign in northern sault, singlehandedly killing multiple enemy soldiers, destroying an antitank Nation’s most successful environ- Europe, including the Battle of the weapon, and directing fire on enemy mental laws—the Clean Water Act. Bulge. The fights that he and his fellow positions as Company B rescued mul- NACWA was established in 1970 by a soldiers waged have become legendary. group of individuals representing 22 Following the Second World War, all tiple soldiers trapped to the front. Due to these brave actions, President large municipal sewerage agencies to across our country those young sol- Nixon awarded Bacon the Medal of secure Federal funding for municipal diers returned home and lived down the Honor on November 24, 1969. The Medal wastewater treatment and serve as a street, up the block, or out on the of Honor is the highest military deco- forum to discuss the emerging national farm, and seldom spoke of their experi- ration awarded by the U.S. Govern- interest in improving the quality of the ences in World War II. They became ment. It is reserved for those members Nation’s waters. Based upon the shared the members of the community who of the United States Armed Forces who goal of effectively representing the in- you could count on to do things. They distinguish themselves ‘‘conspicuously terests and priorities of public clean built homes, schools, and communities by gallantry and intrepidity at the risk water agencies and the communities and became the glue that made Amer- of his or her life above and beyond the they serve, they formed NACWA. ica work. Because they knew the hor- call of duty while engaged in an action Over the past 40 years, NACWA has rors of war and the pain of losing fel- against an enemy of the United expanded its member base and issue low soldiers in the battlefield, they States.’’ That definition most certainly platform. It has changed its name, re- perhaps more than any other Ameri- fits the heroism that Nick Bacon, then placing the word ‘‘sewerage’’ with cans treasured the freedoms that they a staff sergeant, took the night of Au- ‘‘clean water’’ to better reflect the end- had risked their lives to save. gust 26, 1968. product of its members’ treatment Now with the passage of time those Nicky Daniel Bacon was born Novem- services—clean water. The organiza- young soldiers have become older ber 25, 1945, in Caraway, AR. Following tion also partners with diverse stake- Americans, in many cases reaching his family’s move to Arizona, he joined holders while always advocating for their ninth decade of life. Every day the army to escape the difficulties of sound science in advancing water qual- across this country, friends and neigh- farm labor. He forged his mother’s sig- ity protection. Today, as the leading bors gather in the sanctuary of a local nature so that he could join the army clean water association, NACWA rep- church to say goodbye to a relative or at age 17. He served in the U.S. Army resents nearly 300 member organiza- an old friend. In many cases, only then from 1963 to 1984, retiring at the rank tions. do they remember and celebrate the of first sergeant. Recent years have reflected height- heroic commitment of service to our First Sergeant Bacon returned home ened involvement for the association in country by those American patriots. to Arkansas in 1990, where he contin- a broadening array of complex 21st cen- It was Syl Metzger’s son who in- ued to seek opportunities to serve his tury water quality issues, including formed me of his father’s death. I had community, particularly the men and green infrastructure, climate change, met Syl Metzger only once last fall women of the U.S. military. He was ap- watershed-based approaches, and clean when he and a group of World War II pointed director of the Arkansas De- water funding and financing. As chair- veterans came to Washington, DC, on partment of Veterans Affairs in 1993 man of the Senate’s Water and Wildlife an Honor Flight to see the World War and was essential to the development Subcommittee, under the Environment II Memorial. So our lives touched only of the Arkansas State Veterans Ceme- and Public Works Committee, I am in a briefly. But when his son sent me the tery, the Arkansas State Veterans good position to observe that NACWA e-mail about his funeral, it reminded Cemetery Beautification Foundation has met the goal that its founders es- me again that he and his fellow sol- and the founding of the Arkansas Vet- tablished 40 years ago. NACWA con- diers did things for our country that erans’ Coalition.

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Act 18–478, ‘‘Adoption Reform Congressional Medal of Honor Society. ognizing the 50th anniversary of Title VI Amendment Act of 2010’’; to the Committee international education programs within the In 2004, he was appointed to serve on on Homeland Security and Governmental Af- Department of Education; to the Committee the Veterans’ Disability Benefits Com- fairs. on Health, Education, Labor, and Pensions. mission, which made more than 100 rec- EC–6746. A communication from the Chair- ommendations to Congress on ways to f man of the Council of the District of Colum- improve veteran benefits. bia, transmitting, pursuant to law, a report MEASURES PLACED ON THE on D.C. Act 18–479, ‘‘Rental Housing Commis- I ask that my colleagues join me in CALENDAR recognizing the life and service of 1SG sion Quorum Temporary Amendment Act of Nick Bacon. I join all Americans in The following joint resolution was 2010’’; to the Committee on Homeland Secu- rity and Governmental Affairs. lifting up his wife Tamera, his chil- read the first and second times by dren, and all his loved ones. First Ser- unanimous consent, and placed on the f geant Bacon was not only a great Ar- calendar: EXECUTIVE REPORTS OF kansan, but a great American, and I H.J. Res. 83. Joint resolution approving the COMMITTEES renewal of import restrictions contained in am humbled to express my gratitude The following executive reports of for his life and service.∑ the Burmese Freedom and Democracy Act of 2003, and for other purposes. nominations were submitted: f f By Mr. SCHUMER for the Committee on MESSAGE FROM THE HOUSE Rules and Administration. ENROLLED BILL PRESENTED William J. Boarman, of Maryland, to be ENROLLED BILLS SIGNED Public Printer. The Secretary of the Senate reported At 10:03 a.m., a message from the By Mr. LEAHY for the Committee on the that on July 20, 2010, she had presented Judiciary. House of Representatives, delivered by to the President of the United States Mr. Novotny, one of its reading clerks, Elena Kagan, of Massachusetts, to be an the following enrolled bill: Associate Justice of the Supreme Court of announced that the Speaker has signed the United States. the following enrolled bills: S. 1508. An act to amend the Improper Pay- ments Information Act of 2002 (31 U.S.C. 3321 James Michael Cole, of the District of Co- H.R. 4861. An act to designate the facility note) in order to prevent the loss of billions lumbia, to be Deputy Attorney General. of the United States Postal Service located in taxpayer dollars. Timothy Q. Purdon, of North Dakota, to be at 1343 West Irving Park Road in Chicago, Il- United States Attorney for the District of linois, as the ‘‘Steve Goodman Post Office f North Dakota for the term of four years. Building’’. EXECUTIVE AND OTHER Willie Ransome Stafford III, of North Caro- H.R. 5051. An act to designate the facility COMMUNICATIONS lina, to be United States Marshal for the of the United States Postal Service located Middle District of North Carolina for the at 23 Genesee Street in Hornell, New York, The following communications were term of four years. as the ‘‘Zachary Smith Post Office Build- laid before the Senate, together with Arthur Darrow Baylor, of Alabama, to be ing’’. accompanying papers, reports, and doc- United States Marshal for the Middle Dis- H.R. 5099. An act to designate the facility uments, and were referred as indicated: trict of Alabama for the term of four years. of the United States Postal Service located J. Patricia Wilson Smoot, of Maryland, to EC–6739. A communication from the Gen- at 15 South Main Street in Sharon, Massa- be a Commissioner of the United States Pa- eral Counsel, Federal Energy Regulatory chusetts, as the ‘‘Michael C. Rothberg Post role Commission for a term of six years. Commission, transmitting, pursuant to law, Office’’. the report of a rule entitled ‘‘Contract Re- (Nominations without an asterisk S. 1508. An act to amend the Improper Pay- porting Requirements of Intrastate Natural were reported with the recommenda- ments Information Act of 2002 (31 U.S.C. 3321 Gas Companies’’ (FERC Docket No. RM09–2– tion that they be confirmed.) note) in order to prevent the loss of billions 000) received in the Office of the President of in taxpayer dollars. f the Senate on July 15, 2010; to the Com- The enrolled bills were subsequently mittee on Energy and Natural Resources. INTRODUCTION OF BILLS AND signed by the President pro tempore EC–6740. A communication from the Chair- JOINT RESOLUTIONS (Mr. INOUYE). man of the Council of the District of Colum- The following bills and joint resolu- bia, transmitting, pursuant to law, a report tions were introduced, read the first At 10:20 a.m., a message from the on D.C. Act 18–445, ‘‘Commercial Driver’s Li- and second times by unanimous con- House of Representatives, delivered by cense Minimum Age Requirement Amend- sent, and referred as indicated: Mr. Novotny, one of its reading clerks, ment Act of 2010’’; to the Committee on announced that the House has passed Homeland Security and Governmental Af- By Mr. BINGAMAN (for himself and fairs. Mr. UDALL of New Mexico): the following bill, in which it requests EC–6741. A communication from the Chair- S. 3616. A bill to withdraw certain land in the concurrence of the Senate: man of the Council of the District of Colum- the State of New Mexico, and for other pur- H.R. 1855. An act to promote industry bia, transmitting, pursuant to law, a report poses; to the Committee on Energy and Nat- growth and competitiveness and to improve on D.C. Act 18–446, ‘‘Community Impact ural Resources. worker training, retention, and advance- Statement Amendment Act of 2010’’; to the By Mr. BINGAMAN (for himself, Mr. ment, and for other purposes. Committee on Homeland Security and Gov- WYDEN, and Mrs. SHAHEEN): The message also announced that the ernmental Affairs. S. 3617. A bill to amend the Internal Rev- House has agreed to the following con- EC–6742. A communication from the Chair- enue Code of 1986 to provide for an energy in- man of the Council of the District of Colum- vestment credit for energy storage property current resolution, in which it requests bia, transmitting, pursuant to law, a report connected to the grid, and for other pur- the concurrence of the Senate: on D.C. Act 18–462, ‘‘Fiscal Year 2011 Budget poses; to the Committee on Finance. H. Con Res. 126. Concurrent resolution rec- Support Act of 2010’’; to the Committee on By Mr. VOINOVICH: ognizing the 50th anniversary of Title VI Homeland Security and Governmental Af- S. 3618. A bill to further enable a nuclear international education programs within the fairs. renaissance in the United States to improve Department of Education. EC–6743. A communication from the Chair- energy security, reduce future pollution and f man of the Council of the District of Colum- greenhouse gas emissions, provide large, reli- bia, transmitting, pursuant to law, a report able sources of electricity, and create thou- MEASURES REFERRED on D.C. Act 18–472, ‘‘Families Together sands of high-quality jobs for the citizens of The following bill was read the first Amendment Act of 2010’’; to the Committee the United States, and for other purposes; to on Homeland Security and Governmental Af- the Committee on Finance. and the second times by unanimous fairs. By Mr. TESTER: consent, and referred as indicated: EC–6744. A communication from the Chair- S. 3619. A bill to amend the Energy Inde- H.R. 1855. An act to promote industry man of the Council of the District of Colum- pendence and Security Act of 2007 to improve growth and competitiveness and to improve bia, transmitting, pursuant to law, a report geothermal energy technology and dem- worker training, retention, and advance- on D.C. Act 18–473, ‘‘Closing of a Public Alley onstrate the use of geothermal energy in ment, and for other purposes; to the Com- in Square 6172, S.O. 08–7590, Act of 2010’’; to large scale thermal applications, and for mittee on Health, Education, Labor, and the Committee on Homeland Security and other purposes; to the Committee on Energy Pensions. Governmental Affairs. and Natural Resources.

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A bill to require the Secretary of impediments to the export to Cuba of (Mrs. GILLIBRAND) was added as a co- Commerce to conduct a study on the eco- nomic competitiveness and innovative ca- medical devices and medicines, to sponsor of S. 3184, a bill to provide pacity of the United States and to develop a allow travel to Cuba by United States United States assistance for the pur- national economic competitiveness strategy, citizens and legal residents, to estab- pose of eradicating severe forms of and for other purposes; to the Committee on lish an agricultural export promotion trafficking in children in eligible coun- Commerce, Science, and Transportation. program with respect to Cuba, and for tries through the implementation of f other purposes. Child Protection Compacts, and for S. 1703 other purposes. SUBMISSION OF CONCURRENT AND At the request of Mr. DORGAN, the S. 3238 SENATE RESOLUTIONS name of the Senator from Michigan At the request of Mr. SCHUMER, the The following concurrent resolutions (Ms. STABENOW) was added as a cospon- name of the Senator from Arkansas and Senate resolutions were read, and sor of S. 1703, a bill to amend the Act (Mrs. LINCOLN) was added as a cospon- referred (or acted upon), as indicated: of June 18, 1934, to reaffirm the author- sor of S. 3238, a bill to provide for a By Mr. FEINGOLD (for himself and Mr. ity of the Secretary of the Interior to medal of appropriate design to be MCCAIN): take land into trust for Indian tribes. awarded by the President to the next of S. Res. 586. A resolution supporting democ- kin or other representative of those in- S. 1709 racy, human rights, and civil liberties in dividuals killed as a result of the ter- At the request of Ms. STABENOW, the Egypt; to the Committee on Foreign Rela- rorist attacks of September 11, 2001, name of the Senator from Colorado tions. and to the memorials established at (Mr. UDALL) was added as a cosponsor By Mr. BURR (for himself and Mr. the 3 sites that were attacked on that BURRIS): of S. 1709, a bill to amend the National day. S. Res. 587. A resolution designating Au- Agricultural Research, Extension, and gust 26, 2010, as ‘‘Montford Point Marines Teaching Policy Act of 1977 to estab- S. 3262 Day’’; to the Committee on the Judiciary. lish a grant program to promote efforts At the request of Mr. SPECTER, his By Mr. WICKER (for himself, Ms. to develop, implement, and sustain vet- name was added as a cosponsor of S. LANDRIEU, Mr. COCHRAN, Mr. CORNYN, 3262, a bill to amend the Internal Rev- Mrs. HUTCHISON, Mr. LEMIEUX, Mr. erinary services, and for other pur- poses. enue Code of 1986 to provide that the NELSON of Florida, Mr. SESSIONS, Mr. volume cap for private activity bonds SHELBY, and Mr. VITTER): S. 2781 S. Res. 588. A resolution recognizing the shall not apply to bonds for facilities At the request of Ms. MIKULSKI, the for the furnishing of water and sewage economic and environmental impacts of the name of the Senator from Indiana (Mr. British Petroleum oil spill on the people of facilities. LUGAR) was added as a cosponsor of S. the Gulf Coast and their way of life and urg- S. 3467 2781, a bill to change references in Fed- ing British Petroleum to give all due consid- At the request of Mr. SCHUMER, the eration to offers of assistance, products, or eral law to mental retardation to ref- name of the Senator from North Da- services from the States directly impacted erences to an intellectual disability, kota (Mr. CONRAD) was added as a co- by the Deepwater Horizon oil spill; consid- and to change references to a mentally ered and agreed to. sponsor of S. 3467, a bill to require a retarded individual to references to an Northern Border Counternarcotics f individual with an intellectual dis- Strategy. ability. ADDITIONAL COSPONSORS S. 3493 S. 2909 At the request of Mr. SPECTER, the S. 653 At the request of Mr. SANDERS, the name of the Senator from Indiana (Mr. At the request of Mr. CARDIN, the name of the Senator from New Hamp- BAYH) was added as a cosponsor of S. names of the Senator from Oregon (Mr. shire (Mrs. SHAHEEN) was added as a co- 3493, a bill to reauthorize and enhance WYDEN), the Senator from California sponsor of S. 2909, a bill to provide Johanna’s Law to increase public (Mrs. FEINSTEIN) and the Senator from State programs to encourage employee awareness and knowledge with respect North Dakota (Mr. DORGAN) were added ownership and participation in busi- to gynecologic cancers. as cosponsors of S. 653, a bill to require ness decisionmaking throughout the S. 3526 the Secretary of the Treasury to mint United States, and for other purposes. At the request of Mr. WICKER, the coins in commemoration of the bicen- S. 3018 name of the Senator from Mississippi tennial of the writing of the Star-Span- At the request of Mr. WYDEN, the (Mr. COCHRAN) was added as a cospon- gled Banner, and for other purposes. names of the Senator from Alaska (Mr. sor of S. 3526, a bill to require the GAO S. 754 BEGICH) and the Senator from Utah to evaluate the propriety of assistance At the request of Mr. ROCKEFELLER, (Mr. BENNETT) were added as cospon- provided to General Motors Corpora- the name of the Senator from Pennsyl- sors of S. 3018, a bill to amend the In- tion under the Troubled Asset Relief vania (Mr. SPECTER) was added as a co- ternal Revenue Code of 1986 to make Program, and for other purposes. sponsor of S. 754, a bill to provide for the Federal income tax system sim- S. 3567 increased Federal oversight of metha- pler, fairer, and more fiscally respon- At the request of Mr. SCHUMER, the done treatment. sible, and for other purposes. name of the Senator from New York S. 831 S. 3034 (Mrs. GILLIBRAND) was added as a co- At the request of Mr. KERRY, the At the request of Mr. SCHUMER, the sponsor of S. 3567, a bill to designate name of the Senator from Montana names of the Senator from Arkansas the facility of the United States Postal (Mr. TESTER) was added as a cosponsor (Mrs. LINCOLN), the Senator from Service located at 100 Broadway in of S. 831, a bill to amend title 10, Michigan (Ms. STABENOW), the Senator Lynbrook, New York, as the ‘‘Navy United States Code, to include service from Maryland (Ms. MIKULSKI), the Corpsman Jeffrey L. Wiener Post Office after September 11, 2001, as service Senator from Oklahoma (Mr. INHOFE) Building’’. qualifying for the determination of a and the Senator from Washington (Mrs. S. 3578 reduced eligibility age for receipt of MURRAY) were added as cosponsors of At the request of Mr. JOHANNS, the non—regular service retired pay. S. 3034, a bill to require the Secretary names of the Senator from Ohio (Mr. S. 1089 of the Treasury to strike medals in VOINOVICH) and the Senator from Indi- At the request of Mr. DODD, his name commemoration of the 10th anniver- ana (Mr. LUGAR) were added as cospon- was added as a cosponsor of S. 1089, a sary of the September 11, 2001, terrorist sors of S. 3578, a bill to repeal the ex- bill to facilitate the export of United attacks on the United States and the pansion of information reporting re- States agricultural commodities and establishment of the National Sep- quirements for payments of $600 or products to Cuba as authorized by the tember 11 Memorial & Museum at the more to corporations, and for other Trade Sanctions Reform and Export World Trade Center. purposes.

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S. 3585 Whereas the United States National Secu- human rights and may undermine the coun- At the request of Mr. UDALL of Colo- rity Strategy, released in May 2010, states, try’s long-term stability; rado, the name of the Senator from ‘‘And we reject the notion that lasting secu- Whereas political reform in Cairo would significantly enhance the leadership of New York (Mr. SCHUMER) was added as rity and prosperity can be found by turning a cosponsor of S. 3585, a bill to amend away from universal rights—democracy does Egypt throughout the Middle East and Afri- not merely represent our better angels, it ca and could help ensure constructive polit- title 10, United States Code, to reform stands in opposition to aggression and injus- ical engagement in these regions for years to Department of Defense energy policy, tice, and our support for universal rights is come; and and for other purposes. both fundamental to American leadership Whereas, in April 2010, a bipartisan ‘‘Work- S. 3600 and a source of our strength in the world.’’; ing Group on Egypt’’ wrote in a letter to At the request of Mr. ROCKEFELLER, Whereas the authorities in Egypt continue Secretary of State Clinton, ‘‘[W]ith three the names of the Senator from New to harass, intimidate, arbitrarily detain, and sets of elections coming up over the next eighteen months, Egypt now has the oppor- York (Mr. SCHUMER) and the Senator engage in violence against peaceful dem- onstrators, journalists, human rights activ- tunity to energize a process of political, eco- from Rhode Island (Mr. WHITEHOUSE) ists, and bloggers; nomic, and social reform. If the government were added as cosponsors of S. 3600, a Whereas, despite President Hosni responds to demands for responsible political bill to amend the Jones Act and related Mubarak’s pledge in 2005 that Egypt’s con- change, Egypt can face the future as a more statutes with respect to the liability of troversial emergency law would only be used democratic nation with greater domestic and vessel owners and operators for dam- to fight terrorism and that he planned to international support. If, on the other hand, ages. abolish the state of emergency and adopt the opportunity for reform is missed, pros- pects for stability and prosperity in Egypt S. RES. 546 new antiterrorism legislation as an alter- will be in doubt.’’: Now, therefore, be it At the request of Mr. SPECTER, the native, in May 2010 the Government of Egypt name of the Senator from New Jersey again extended the emergency law, which Resolved, That, the Senate— has been in place continuously since 1981, for (1) reaffirms that respect for basic human (Mr. LAUTENBERG) was added as a co- another two years, giving police broad pow- rights is a fundamental value of the United sponsor of S. Res. 546, a resolution rec- ers of arrest and allowing indefinite deten- States and that providing unconditional sup- ognizing the National Museum of tion without charge; port for governments that do not respect American Jewish History, an affiliate Whereas in renewing the emergency law, those basic human rights undermines the of the Smithsonian Institution, as the the Government of Egypt asserted that the credibility of the United States and creates only museum in the United States law would be used only in drug and terrorism tensions, including in the Muslim world, dedicated exclusively to exploring and cases and it would release all emergency law that can be exploited; preserving the American Jewish experi- detainees in other cases, a pledge it has (2) recognizes that, while the Government made in the past but failed to fulfill; of Egypt faces legitimate security threats, ence. Whereas, in response to the emergency law genuine political reform in that country will AMENDMENT NO. 4464 extension, Secretary Hillary Clinton re- help to counter extremism while also solidi- At the request of Mr. DEMINT, the leased a statement noting, ‘‘This extension fying prospects for stability and prosperity; name of the Senator from Mississippi is regrettable given the pledge made by the (3) encourages the Government of Egypt to (Mr. WICKER) was added as a cosponsor government to the Egyptian people in 2005. promptly honor its commitment to perma- of amendment No. 4464 intended to be We are confident that Egypt can draft and nently repeal the state of emergency, which proposed to H.R. 5297, an act to create adopt effective counterterrorism legislation is a significant obstacle to consolidation of the Small Business Lending Fund Pro- that conforms to international standards for the rule of law in Egypt; civil liberties and due process. And the (4) calls on the Government of Egypt— gram to direct the Secretary of the United States urges Egypt to complete this (A) to take all steps necessary to ensure Treasury to make capital investments legislation on an urgent basis and to rescind that upcoming elections are free, fair, trans- in eligible institutions in order to in- the State of Emergency within the coming parent, and credible, including granting crease the availability of credit for months.’’; independent international and domestic elec- small businesses, to amend the Inter- Whereas opposition lawmakers and human toral observers unrestricted access to polling nal Revenue Code of 1986 to provide tax rights and democracy activists have pro- and counting stations and instructing its se- incentives for small business job cre- tested the extended emergency law because curity forces not to engage in violence; ation, and for other purposes. of concerns that it would continue to be used (B) to end all arbitrary detention, torture, to silence critics and stifle dissent; and other forms of harassment against media f Whereas the Department of State’s 2009 professionals, human rights defenders and SUBMITTED RESOLUTIONS Human Rights Report notes with respect to activists, and opposition figures, fully re- Egypt, ‘‘The government’s respect for human spect freedom of expression and association, rights remained poor, and serious abuses and release all individuals detained for SENATE RESOLUTION 586—SUP- continued in many areas. The government peaceful expression as well as those detained PORTING DEMOCRACY, HUMAN limited citizens’ right to change their gov- under the emergency law for issues unrelated ernment and continued a state of emergency to drug or terrorism allegations; and RIGHTS, AND CIVIL LIBERTIES that has been in place almost continuously (C) to lift legislative restrictions on free- IN EGYPT since 1967.’’; doms of assembly, association, and expres- Mr. FEINGOLD (for himself and Mr. Whereas Human Rights Watch reports that sion in advance of the 2010 elections; MCCAIN) submitted the following reso- ‘‘[h]uman rights violations in Egypt are (5) urges the President and the Secretary lution; which was referred to the Com- widespread and routine, including arbitrary of State— detention, torture, and unfair trials before (A) to make respect for basic human rights mittee on Foreign Relations: state security and military courts . . . State and democratic freedoms a priority in the S. RES. 586 Security Intelligence (SSI), a bureau of the ongoing relationship and dialogue between Whereas the Governments of the United Ministry of Interior, polices the political the Governments of the United States and States and Egypt have long shared a strong sphere and considers any exercise of freedom Egypt, and to focus on the importance of bilateral working relationship; of assembly a security threat, frequently these issues, including free and fair elec- Whereas the people and the Government of beating and arresting peaceful demonstra- tions, during all bilateral meetings; and Egypt play an important role in global and tors’’; (B) to broaden the engagement of the regional politics, including with respect to Whereas the independence of the judiciary United States Government with the people of the Middle East peace process, as well as in in Egypt continues to be undermined Egypt and support efforts in the country to North and East Africa; through exceptional parallel court systems, help promote human rights and democratic Whereas Egypt has been and continues to executive administrative orders overriding reform, including by providing appropriate be an intellectual and cultural center of the judicial decisions, and politically motivated funding to international and domestic elec- Arab world; lawsuits; tion observers, as well as to civil society or- Whereas respect for democracy, human Whereas past elections in Egypt, including ganizations for democracy and governance rights, and civil liberties are fundamental the June 2010 elections to the Shura Council activities; principles of the United States and critical (the lower house of parliament), have seen (6) emphasizes the importance of ensuring to our national security objectives; irregularities at polling and counting sta- and strengthening the independence of the Whereas, in his June 4, 2009, speech in tions, security force intimidation and coer- judiciary in Egypt; and Cairo, Egypt, President Barack Obama cion of voters, and obstruction of peaceful (7) recalls that pursuant to the laws of the noted, ‘‘[G]overnments that protect [human] political rallies and demonstrations; United States, organizations implementing rights are ultimately more stable, successful Whereas excessive use of force by security United States assistance for democracy and and secure. Suppressing ideas never succeeds forces in Egypt is occurring in violation of governance activities, and the specific na- in making them go away’’; Egypt’s obligations to protect fundamental ture of that assistance, shall not be subject

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Point Marines Day’’; States; f (2) honors the 68th anniversary of the first (2) supports the continued public and pri- day African-American recruits began train- vate efforts to stop the oil spill, mitigate SENATE RESOLUTION 587—DESIG- ing at Montford Point; further damage to our treasured Gulf Coast, NATING AUGUST 26, 2010, AS (3) recognizes the work of the members of and clean up of this environmental disaster; ‘‘MONTFORD POINT MARINES the Montford Point Marine Association— and DAY’’ (A) in honoring the legacy and history of (3) urges British Petroleum (BP) to give all the United States Marine Corps; and due consideration to individuals, businesses, Mr. BURR (for himself and Mr. (B) in ensuring that the sense of duty and organizations of the States directly im- BURRIS) submitted the following reso- shared by the Montford Point Marines is pacted by the Deepwater Horizon oil spill lution; which was referred to the Com- passed along to future generations; where practicable, as BP considers services mittee on the Judiciary: (4) recognizes that— or products related to ongoing efforts in the S. RES. 587 (A) the example set by the Montford Point Gulf of Mexico associated with this tragic oil Marines who served during World War II spill. Whereas on June 25, 1941, President Frank- helped to shape the United States Marine lin D. Roosevelt issued Executive Order 8802, f Corps; and which established the fair employment prac- (B) the United States Marine Corps pro- AMENDMENTS SUBMITTED AND tices that began to erase discrimination in vides an excellent opportunity for the ad- the Armed Forces; PROPOSED vancement for persons of all races; and Whereas in 1942, President Franklin D. (5) expresses the gratitude of the Senate to SA 4488. Mrs. BOXER submitted an amend- Roosevelt issued a Presidential Directive the Montford Point Marines for fighting for ment intended to be proposed to amendment that integrated the United States Marine the freedom of the United States and the lib- SA 4402 proposed by Mr. REID (for Mr. BAU- Corps; eration of people of the Pacific, despite the CUS (for himself, Ms. LANDRIEU, and Mr. Whereas approximately 20,000 African- practices of segregation and discrimination. REID)) to the bill H.R. 5297, to create the American Marines received basic training at Small Business Lending Fund Program to di- Montford Point in the State of North Caro- f rect the Secretary of the Treasury to make lina between 1942 and 1949; SENATE RESOLUTION 588—RECOG- capital investments in eligible institutions Whereas the African-American Marines NIZING THE ECONOMIC AND EN- in order to increase the availability of credit trained at Montford Point became known as for small businesses, to amend the Internal the Montford Point Marines; VIRONMENTAL IMPACTS OF THE Revenue Code of 1986 to provide tax incen- Whereas the African-American volunteers BRITISH PETROLEUM OIL SPILL tives for small business job creation, and for who enlisted in the United States Marine ON THE PEOPLE OF THE GULF other purposes; which was ordered to lie on Corps during World War II— COAST AND THEIR WAY OF LIFE the table. (1) joined the United States Marine Corps AND URGING BRITISH PETRO- SA 4489. Mr. BENNET submitted an to demonstrate their commitment to the LEUM TO GIVE ALL DUE CONSID- amendment intended to be proposed to United States, despite the practice of seg- ERATION TO OFFERS OF ASSIST- amendment SA 4402 proposed by Mr. REID regation; ANCE, PROJECTS, OR SERVICES (for Mr. BAUCUS (for himself, Ms. LANDRIEU, (2) served the United States in a most hon- and Mr. REID)) to the bill H.R. 5297, supra; orable fashion; FROM THE STATES DIRECTLY which was ordered to lie on the table. (3) defied unwarranted stereotypes; and IMPACTED BY THE DEEPWATER SA 4490. Mr. DODD (for himself and Ms. MI- (4) achieved distinction through brave and HORIZON OIL SPILL KULSKI) submitted an amendment intended honorable service; Mr. WICKER (for himself, Ms. to be proposed by him to the bill H.R. 5297, Whereas during World War II, African- supra; which was ordered to lie on the table. LANDRIEU, Mr. COCHRAN, Mr. CORNYN, American Marine Corps units fought and SA 4491. Mr. SANDERS (for himself, Mr. UTCHISON E IEUX served in the Pacific theatre, participating Mrs. H , Mr. L M , Mr. HARKIN, Mr. WHITEHOUSE, Mr. BROWN of Ohio, in the liberation of the Ellice Islands, the NELSON of Florida, Mr. SESSIONS, Mr. and Mr. FRANKEN) submitted an amendment Eniwetok Atoll, the Marshall Islands, the SHELBY, and Mr. VITTER) submitted the intended to be proposed to amendment SA Kwajalein Atoll, Iwo Jima, Peleliu, the Mar- following resolution; which was consid- 4402 proposed by Mr. REID (for Mr. BAUCUS ianas Islands, Saipan, Tinian, Guam, and ered and agreed to: (for himself, Ms. LANDRIEU, and Mr . REID)) Okinawa; to the bill H.R. 5297, supra; which was or- S. RES. 588 Whereas Robert Sherrod, a correspondent dered to lie on the table. for Time magazine in the central Pacific Whereas on April 20, 2010, the Mobile Drill- SA 4492. Mr. BROWN of Massachusetts sub- during World War II, wrote that the African- ing Unit Deepwater Horizon experienced a mitted an amendment intended to be pro- American Marines that entered combat for tragic explosion, resulting in the loss of 11 posed to amendment SA 4425 proposed by Mr. men; the first time in Saipan were worthy of a 4.0 REID to the bill H.R. 4213, to amend the In- combat performance rating, the highest per- Whereas the explosion resulted in the sink- ternal Revenue Code of 1986 to extend certain formance rating given by the Navy; ing of the Mobile Drilling Unit Deepwater expiring provisions, and for other purposes; Whereas the heroism, commitment, and Horizon and a discharge of hydrocarbons which was ordered to lie on the table. valor demonstrated by the Montford Point from the Macondo well; SA 4493. Mr. COBURN submitted an Marines— Whereas since the tragic day of April 20, amendment intended to be proposed to 2010, a significant amount of oil has flowed (1) changed the negative attitudes of the amendment SA 4425 proposed by Mr. REID to military leadership toward African-Ameri- into the Gulf of Mexico; the bill H.R. 4213, supra; which was ordered cans; and Whereas resources such as fishing, tour- to lie on the table. (2) inspired the untiring service of future ism, shipping, and energy exploration in the generations of African-Americans in the Gulf of Mexico generally account for over f United States Marine Corps; $200,000,000,000 in economic activity each TEXT OF AMENDMENTS Whereas in July 1948, President Harry S. year; Truman issued Executive Order 9981, which Whereas the release of oil has caused a SA 4488. Mrs. BOXER submitted an ended segregation in the military; Federal fishery closure since May 2, 2010, amendment intended to be proposed to Whereas in September 1949, the Montford which has encompassed up to 37 percent of amendment SA 4402 proposed by Mr. Marine Camp was deactivated, ending 7 years the Gulf of Mexico exclusive economic zone; REID (for Mr. BAUCUS (for himself, Ms. of segregation in the Marine Corps; Whereas the impact on the Gulf Coast LANDRIEU, and Mr. REID)) to the bill Whereas in September 1965, over 400 former economy has amounted to over $175,000,000 in H.R. 5297, to create the Small Business and active duty Marines met in Philadel- reported claims to date; phia, Pennsylvania at a reunion to honor the Whereas tourism is down significantly on Lending Fund Program to direct the Montford Point Marines, leading to the es- the Gulf Coast as a result of the oil spill; Secretary of the Treasury to make cap- tablishment of the Montford Point Marine Whereas the workforce in Louisiana, Mis- ital investments in eligible institu- Association; sissippi, Alabama, Florida, and Texas has tions in order to increase the avail- Whereas 2010 marks the 45th anniversary of been negatively impacted as a result of the ability of credit for small businesses, the establishment of the Montford Point Ma- oil spill; and to amend the Internal Revenue Code of rine Association; and Whereas Federal disaster response procure- 1986 to provide tax incentives for small Whereas the sacrifices, dedication to coun- ment law recognizes a preference for local business job creation, and for other try, and perseverance of the African-Amer- firms in the award of contracts for disaster ican Marines trained at Montford Point relief activities: Now, therefore, be it purposes; which was ordered to lie on Camp are duly honored and should never be Resolved, That the Senate— the table; as follows: forgotten: Now, therefore be it (1) recognizes the impact of the Deepwater On page 40, between lines 3 and 4, insert Resolved, That the Senate— Horizon oil spill on the way of life, economy, the following:

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(c) WORKING CAPITAL EXPRESS PROGRAM.— guarantees under section 7(a)(31)(G) of the ‘‘(A) $10,000, reduced (but not below zero) (1) PROGRAM ESTABLISHED.— Small Business Act, as added by this sub- by (A) WORKING CAPITAL EXPRESS PROGRAM.— section. ‘‘(B) the amount allowed under subsection Section 7(a)(31) of the Small Business Act (15 (B) OFFSETS.—There are permanently re- (a) to the taxpayer with respect to rural U.S.C. 636(a)(31)) is amended by adding at the scinded from the appropriations account ap- microbusinesses for all preceding taxable end the following: propriated under the heading ‘‘FEDERAL years. ‘‘(G) WORKING CAPITAL EXPRESS PROGRAM IN BUILDINGS FUND’’ under the heading ‘‘REAL ‘‘(c) DEFINITIONS.—For purposes of this sec- RESPONSE TO ECONOMIC CRISIS.— PROPERTY ACTIVITIES’’ under the heading tion— ‘‘(i) LOAN GUARANTEES.—The Adminis- ‘‘GENERAL SERVICES ADMINISTRATION’’, ‘‘(1) QUALIFIED NEW INVESTMENT.—The term trator may guarantee loans under the Ex- $50,000,000 from Rental of Space and ‘qualified new investment’ means the excess press Loan Program made by lenders des- $25,000,000 from Building Operations, to be of— ignated in accordance with clause (iii)(I) to derived from unobligated balances that were ‘‘(A) qualified expenditures paid or in- small business concerns that have been in provided in previous appropriations Acts. curred for the taxable year, over business for not less than 2 years before the (3) PROSPECTIVE REPEAL.— ‘‘(B) the greater of— date on which the small business concern (A) IN GENERAL.—Effective 1 year after the ‘‘(i) qualified expenditures paid or incurred submits an application for a loan under this date of enactment of this Act, section 7(a) of for the preceding taxable year, or subparagraph. the Small Business Act (15 U.S.C. 636(a)) is ‘‘(ii) the average annual qualified expendi- ‘‘(ii) LOAN TERMS.— amended— tures paid or incurred over the preceding ‘‘(I) MINIMUM AMOUNT.—The Administrator (i) in paragraph (25)(B), by striking ‘‘, and three taxable years. may guarantee a loan under this subpara- does not include loans under paragraph If the rural microbusiness was not in exist- graph of not less than $100,000. (31)(G)’’; and ence (or expenditures relating to such micro- ‘‘(II) GUARANTEE RATE.—Notwithstanding (ii) in paragraph (31), by striking subpara- business were not taken into account under subparagraph (A)(iii), the guarantee rate for graph (G). subsection (a)) for the entire 3-year period a loan under this subparagraph shall be 75 (B) PENALTIES.—Notwithstanding subpara- referred to in subparagraph (B)(ii), such sub- percent. graph (A), subclause (III) of section paragraph shall be applied on the basis of the ‘‘(iii) PROGRAM SAFEGUARDS.— 7(a)(31)(G)(iii) of the Small Business Act, as period during which such entity (or trade or ‘‘(I) ELIGIBILITY.—The Administrator shall, added by this subsection, shall continue to business) was in existence or such expendi- by rule, establish criteria for the designation apply on and after the date described in sub- tures taken into account. of lenders that are eligible to make a loan paragraph (A), to loans guaranteed under ‘‘(2) QUALIFIED EXPENDITURES.— guaranteed under this subparagraph. section 7(a)(31)(G) of the Small Business Act. ‘‘(A) IN GENERAL.—The term ‘qualified ex- ‘‘(II) UNDERWRITING STANDARDS.—The Ad- (C) SAVINGS PROVISION.—A loan guaranteed penditures’ means any amount which is paid ministrator shall, by rule, establish under- under section 7(a)(31)(G) of the Small Busi- or incurred with respect to a rural micro- writing standards for loans guaranteed under ness Act, as added by this subsection, before business which is not described in subpara- this subparagraph, to ensure that the Ad- the date described in subparagraph (A) shall graph (B). Such term includes costs for cap- ministrator may guarantee new loans under remain in full force and effect under the ital plant and equipment, inventory ex- this subparagraph until 1 year after the date terms, and for the duration, of the loan. penses, and wages. of enactment of this subparagraph. The ‘‘(B) EXCEPTION.—Such term does not in- standards established under this subclause SA 4489. Mr. BENNET submitted an clude— shall require the borrower to submit income amendment intended to be proposed to ‘‘(i) any interest cost, or tax returns to provide verification of busi- amendment SA 4402 proposed by Mr. ‘‘(ii) the cost of any vehicle and costs asso- ness income. ciated with purchasing a vehicle. REID (for Mr. BAUCUS (for himself, Ms. ‘‘(III) PENALTIES FOR FRAUD.—Notwith- ‘‘(3) RURAL MICROBUSINESS.— ANDRIEU EID standing section 16, a lender that knowingly L , and Mr. R )) to the bill ‘‘(A) IN GENERAL.—The term ‘rural micro- makes a false statement with respect to the H.R. 5297, to create the Small Business business’ means a trade or business carried income, assets, or other qualifications of a Lending Fund Program to direct the on as a proprietorship, partnership, trust, S small business concern in connection with a Secretary of the Treasury to make cap- corporation, or other pass-thru entity if— loan or application for a loan guaranteed ital investments in eligible institu- ‘‘(i) such trade or business is carried on in under this subparagraph shall be fined not tions in order to increase the avail- a distressed rural area for the first taxable more than $500,000, imprisoned for not more ability of credit for small businesses, year in which the credit under subsection (a) than 5 years, or both. to amend the Internal Revenue Code of is allowable to the trade or business, ‘‘(iv) AUTHORITY OF PARTICIPATING LEND- ‘‘(ii) such trade or business meets the gross ERS.—A lender designated in accordance with 1986 to provide tax incentives for small revenue test under subparagraph (C) for the clause (iii) shall have the same authority business job creation, and for other first taxable year in which the credit under with respect to the underwriting and liquida- purposes; which was ordered to lie on subsection (a) is allowable to the trade or tion of a loan guaranteed under this subpara- the table; as follows: business, graph as a lender participating in the Cer- At the end of part III of subtitle A of title ‘‘(iii) such trade or business and all other tified Lenders Program under paragraph (19). II, insert the following: trade or businesses in which any partners, ‘‘(v) TOTAL AMOUNT OF LOANS.—The Admin- SEC. llll. RURAL MICROBUSINESS INVEST- shareholders, or members of such trade or istrator may guarantee a total of not more MENT CREDIT. business owns a majority interest employed than $3,000,000,000 in loans under this sub- (a) IN GENERAL.—Subpart D of part IV of not more than 5 full-time equivalent employ- paragraph. subchapter A of chapter 1 of the Internal ees during the taxable year, and ‘‘(vi) DEFAULT RATE.—The Administrator Revenue Code of 1986 (relating to business re- ‘‘(iv) in the case of a trade or business sub- shall calculate the default rate for loans lated credits) is amended by adding at the stantially all of the activity of which is in guaranteed under this subparagraph sepa- end the following new section: agricultural production, each individual who rately from the default rate for any other ‘‘SEC. 45S. RURAL MICROBUSINESS INVESTMENT is an owner, shareholder, or holds a capital loans made or guaranteed by the Adminis- CREDIT. interest, profits interests, or beneficial in- tration.’’. ‘‘(a) IN GENERAL.—For purposes of section terests (as the case may be) in such trade or (B) CONFORMING AMENDMENT.—Section 38, the amount of the rural microbusiness in- business is a first-time farmer (as defined in 7(a)(25)(B) of the Small Business Act (15 vestment credit determined under this sec- section 147(c)(2)(C)). U.S.C. 636(a)(25)(B)) is amended by inserting tion for any taxable year with respect to a ‘‘(B) EXCEPTIONS.—Such term shall not in- ‘‘, and does not include loans under para- rural microbusiness is equal to 35 percent of clude— graph (31)(G)’’ after ‘‘by law’’. the qualified new investments in the rural ‘‘(i) any trade or business which includes, (C) IMPLEMENTATION.—Not later than 45 microbusiness for the taxable year. in whole or in part, any private or commer- days after the date of enactment of this Act, ‘‘(b) LIMITATIONS.— cial golf course, country club, massage par- the Administrator shall begin guaranteeing ‘‘(1) PER BUSINESS LIMITATIONS.—The lor, hot tub facility, suntan facility, race- loans under section 7(a)(31)(G) of the Small amount allowed as a credit under subsection track or other facility used for gambling, or Business Act, as added by this subsection. (a) with respect to any rural microbusiness any store the principal business of which is (2) FUNDING.— for a taxable year shall not exceed— the sale of alcoholic beverages for consump- (A) APPROPRIATION.—There is appropriated, ‘‘(A) $10,000, reduced (but not below zero) tion off premises, or out of any money in the Treasury not other- by ‘‘(ii) any trade or business with respect to wise appropriated, for the fiscal year ending ‘‘(B) the amount allowed under subsection which records are required under section 2257 September 30, 2010, $75,000,000, to remain (a) to the rural microbusiness for all pre- of title 18, United States Code, to be main- available until 1 year after the date of enact- ceding taxable years tained with respect to any performer. ment of this Act, for an additional amount ‘‘(2) PER TAXPAYER LIMITATIONS.—The ‘‘(C) GROSS REVENUE TEST.— for the appropriations account appropriated amount allowed as a credit under subsection ‘‘(i) IN GENERAL.—A trade or business under the heading ‘‘BUSINESS LOANS PROGRAM (a) with respect to any taxpayer with respect meets the gross revenue test of this subpara- ACCOUNT’’ under the heading ‘‘SMALL BUSI- to all rural microbusinesses of the taxpayer graph for any taxable year if the average an- NESS ADMINISTRATION’’ for the cost of loan for a taxable year shall not exceed— nual gross revenue of the trade or business

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6029 for the 3-taxable year period ending with the able to another taxpayer for a taxable year (B) undermines women’s retirement secu- taxable year does not exceed $1,000,000. beginning in the calendar year in which such rity, which is often based on earnings while ‘‘(ii) AGGREGATION RULES.—All persons individual’s calendar year begins.’’. in the workforce; treated as a single employer under sub- (b) CREDIT ALLOWED AS PART OF GENERAL (C) prevents the optimum utilization of section (a) or (b) or section 52 or subsection BUSINESS CREDIT.—Section 38(b) of such Code available labor resources; (m) or (o) of section 414 shall be treated as on (defining current year business credit) is (D) has been spread and perpetuated, trade or business for purposes of clause (i). amended by striking ‘‘plus’’ at the end of through commerce and the channels and in- paragraph (35), by striking the period at the ‘‘(iii) SPECIAL RULES FOR ENTITIES NOT IN strumentalities of commerce, among the end of paragraph (36) and inserting ‘‘, plus’’, EXISTENCE FOR ENTIRE 3-YEAR PERIOD, ETC.— workers of the several States; Rules similar to the rules of subparagraphs and by adding at the end the following new (E) burdens commerce and the free flow of (A), (B), and (D) of section 448(c)(3) shall paragraph: goods in commerce; apply for purposes of this subparagraph. ‘‘(37) the rural microbusiness investment (F) constitutes an unfair method of com- ‘‘(D) SPECIAL RULES RELATING TO EMPLOY- credit determined under section 45R(a).’’. petition in commerce; EES.—For purposes of this paragraph— (c) CARRYOVER OF UNUSED CREDIT.—Sub- (G) leads to labor disputes burdening and ‘‘(i) SELF-EMPLOYED INDIVIDUALS.—If, with section (a) of section 39 of such Code, as respect to a trade or business, an individual amended by this Act, is amended by adding obstructing commerce and the free flow of is treated as an employee under section at the end the following new paragraph: goods in commerce; 401(c), such individual shall be treated as an ‘‘(5) 5-YEAR CARRYBACK FOR RURAL MICRO- (H) interferes with the orderly and fair employee of such trade or business for pur- BUSINESS INVESTMENT CREDIT.—Notwith- marketing of goods in commerce; and poses of the preceding sentence. standing subsection (d), in the case of the (I) in many instances, may deprive workers ‘‘(ii) FULL-TIME EQUIVALENT EMPLOYEE.— rural microbusiness investment credit— of equal protection on the basis of sex in vio- The term ‘full-time equivalent employee’ has ‘‘(A) this section shall be applied sepa- lation of the 5th and 14th amendments. the meaning given such term under section rately from the business credit and the mar- (4)(A) Artificial barriers to the elimination 45R(d)(2). ginal oil and gas well production credit of discrimination in the payment of wages on ‘‘(4) DISTRESSED RURAL AREA.— (other than the rural microbusiness invest- the basis of sex continue to exist decades ‘‘(A) IN GENERAL.—The term ‘distressed ment credit), after the enactment of the Fair Labor Stand- rural area’ means any area in the United ‘‘(B) paragraph (1) shall be applied by sub- ards Act of 1938 (29 U.S.C. 201 et seq.) and the States that— stituting ‘each of the 5 taxable years’ for Civil Rights Act of 1964 (42 U.S.C. 2000a et ‘‘(i) has lost at least 5 percent of its popu- ‘the taxable year’ in subparagraph (A) there- seq.). lation over the last 10 years, of, and (B) These barriers have resulted, in signifi- ‘‘(ii) has lost at least 10 percent if its popu- ‘‘(C) paragraph (2) shall be applied— cant part, because the Equal Pay Act of 1963 lation over the last 20 years, ‘‘(i) by substituting ‘25 taxable years’ for has not worked as Congress originally in- ‘‘(iii) has median family income below 85 ‘21 taxable years’ in subparagraph (A) there- tended. Improvements and modifications to percent of the national median family in- of, and the provisions added by the Act are nec- come, ‘‘(ii) by substituting ‘24 taxable years’ for essary to ensure that the provisions provide ‘20 taxable years’ in subparagraph (B) there- ‘‘(iv) has a poverty rate that exceeds 12.5 effective protection to those subject to pay of.’’. percent, or discrimination on the basis of their sex. (d) CONFORMING AMENDMENT.—The table of ‘‘(v) has experienced a sudden and severe (C) Elimination of such barriers would economic dislocation and job loss over the sections for subpart D of part IV of sub- chapter A of chapter 1 of such Code is have positive effects, including— last ten years. amended by adding at the end the following (i) providing a solution to problems in the ‘‘(B) EXCEPTION.—Such term does not in- new item: economy created by unfair pay disparities; clude any area which is— (ii) substantially reducing the number of ‘‘(i) a city or town that has a population of ‘‘Sec. 4SR. Rural microbusiness investment credit.’’. working women earning unfairly low wages, more than 50,000 inhabitants, or thereby reducing the dependence on public (e) EFFECTIVE DATE.—The amendments ‘‘(ii) an urbanized area contiguous and ad- assistance; jacent to a city or town described in clause made by this section shall apply to expendi- tures made in taxable years beginning after (iii) promoting stable families by enabling (i). all family members to earn a fair rate of pay; ‘‘(C) RELEVANT SOURCES OF INFORMATION.— the date of the enactment of this Act. (iv) remedying the effects of past discrimi- In determining whether an area is a dis- nation on the basis of sex and ensuring that tressed rural area under subparagraph (A) or SA 4490. Mr. DODD (for himself and in the future workers are afforded equal pro- (B), such determination shall be made in ac- Ms. MIKULSKI) submitted an amend- tection on the basis of sex; and cordance with the most recent information ment intended to be proposed by him (v) ensuring equal protection pursuant to from the Bureau of the Census, the Bureau of to the bill H.R. 5297, to create the Labor Statistics, or other government entity Small Business Lending Fund Program Congress’s power to enforce the 5th and 14th with relevant information. to direct the Secretary of the Treasury amendments. (5) The Department of Labor and the Equal ‘‘(5) RELATED PERSONS.—A person shall be to make capital investments in eligible Employment Opportunity Commission have treated as related to another person if the institutions in order to increase the relationship between such persons would re- important and unique responsibilities to help availability of credit for small busi- ensure that women receive equal pay for sult in the disallowance of losses under sec- nesses, to amend the Internal Revenue tion 267 or 707(b) (but, in applying section equal work. 267(b) and (c) for purposes of this section, Code of 1986 to provide tax incentives (6) The Department of Labor is responsible paragraph (4) of section 267(c) shall be treat- for small business job creation, and for for— ed as providing that the family of an indi- other purposes; which was ordered to (A) collecting and making publicly avail- vidual shall include only his spouse, ances- lie on the table; as follows: able information about women’s pay; tors, and lineal descendants). At the appropriate place, insert the fol- (B) ensuring that companies receiving Fed- ‘‘(d) MATERIAL PARTICIPATION.—No amount lowing: eral contracts comply with anti-discrimina- shall be allowed as a credit under subsection TITLE ll—PAYCHECK FAIRNESS tion affirmative action requirements of Ex- (a) to a taxpayer unless that taxpayer mate- ecutive Order 11246 (relating to equal em- rially participates in the qualified rural SEC. l01. SHORT TITLE. This title may be cited as the ‘‘Paycheck ployment opportunity); microbusiness with respect to which the Fairness Act’’. (C) disseminating information about wom- qualified expenditure is paid or incurred. For en’s rights in the workplace; SEC. l02. FINDINGS. purposes of the preceding sentence, material (D) helping women who have been victims participation shall be determined under Congress finds the following: (1) Women have entered the workforce in of pay discrimination obtain a remedy; and rules similar to the rules of section 469(h). (E) being proactive in investigating and ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No de- record numbers over the past 50 years. prosecuting equal pay violations, especially duction or credit shall be allowed under any (2) Despite the enactment of the Equal Pay other provision of this chapter for any Act of 1963, many women continue to earn systemic violations, and in enforcing all of amount taken into account in determining significantly lower pay than men for equal its mandates. the credit under this section. work. These pay disparities exist in both the (7) The Equal Employment Opportunity ‘‘(f) OTHER RULES.— private and governmental sectors. In many Commission is the primary enforcement ‘‘(1) MARRIED COUPLE MUST FILE JOINT RE- instances, the pay disparities can only be agency for claims made under the provisions TURN.—Rules similar to the rules of para- due to continued intentional discrimination added by the Equal Pay Act of 1963, and graphs (2), (3), and (4) of section 21(e) shall or the lingering effects of past discrimina- issues regulations and guidance on appro- apply for purposes of this section. tion. priate interpretations of the law. ‘‘(2) DENIAL OF CREDIT TO DEPENDENTS.—No (3) The existence of such pay disparities— (8) With a stronger commitment by the De- credit shall be allowed under this section to (A) depresses the wages of working families partment of Labor and the Equal Employ- any individual with respect to whom a de- who rely on the wages of all members of the ment Opportunity Commission to their re- duction is allowed under section 151 is allow- family to make ends meet; sponsibilities, increased information about

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6030 CONGRESSIONAL RECORD — SENATE July 20, 2010 the provisions added by the Equal Pay Act of tion 6(d) shall additionally be liable for such tical area (as defined by the Office of Man- 1963, wage data, and more effective remedies, compensatory damages, or, where the em- agement and Budget), a State educational women will be better able to recognize and ployee demonstrates that the employer acted agency, or a local educational agency, a pri- enforce their rights. with malice or reckless indifference, puni- vate nonprofit organization, or a commu- (9) Certain employers have already made tive damages as may be appropriate, except nity-based organization. great strides in eradicating unfair pay dis- that the United States shall not be liable for (4) APPLICATION.—To be eligible to receive parities in the workplace and their achieve- punitive damages.’’; a grant under this subsection, an entity shall ments should be recognized. (2) in the sentence beginning ‘‘An action submit an application to the Secretary of SEC. l03. ENHANCED ENFORCEMENT OF EQUAL to’’, by striking ‘‘either of the preceding sen- Labor at such time, in such manner, and PAY REQUIREMENTS. tences’’ and inserting ‘‘any of the preceding containing such information as the Sec- (a) BONA FIDE FACTOR DEFENSE AND MODI- sentences of this subsection’’; retary of Labor may require. FICATION OF SAME ESTABLISHMENT REQUIRE- (3) in the sentence beginning ‘‘No employ- (5) USE OF FUNDS.—An entity that receives MENT.—Section 6(d)(1) of the Fair Labor ees shall’’, by striking ‘‘No employees’’ and a grant under this subsection shall use the Standards Act of 1938 (29 U.S.C. 206(d)(1)) is inserting ‘‘Except with respect to class ac- funds made available through the grant to amended— tions brought to enforce section 6(d), no em- carry out an effective negotiation skills (1) by striking ‘‘No employer having’’ and ployee’’; training program that empowers girls and inserting ‘‘(A) No employer having’’; (4) by inserting after the sentence referred women. The training provided through the (2) by striking ‘‘any other factor other to in paragraph (3), the following: ‘‘Notwith- program shall help girls and women than sex’’ and inserting ‘‘a bona fide factor standing any other provision of Federal law, strengthen their negotiation skills to allow other than sex, such as education, training, any action brought to enforce section 6(d) the girls and women to obtain higher sala- or experience’’; and may be maintained as a class action as pro- ries and rates of compensation that are equal (3) by inserting at the end the following: vided by the Federal Rules of Civil Proce- to those paid to similarly-situated male em- ‘‘(B) The bona fide factor defense described dure.’’; and ployees. in subparagraph (A)(iv) shall apply only if (5) in the sentence beginning ‘‘The court (b) INCORPORATING TRAINING INTO EXISTING the employer demonstrates that such factor in’’— (i) is not based upon or derived from a sex- PROGRAMS.—The Secretary of Labor and the (A) by striking ‘‘in such action’’ and in- Secretary of Education shall issue regula- based differential in compensation; (ii) is serting ‘‘in any action brought to recover job-related with respect to the position in tions or policy guidance that provides for in- the liability prescribed in any of the pre- question; and (iii) is consistent with business tegrating the negotiation skills training, to ceding sentences of this subsection’’; and necessity. Such defense shall not apply the extent practicable, into programs au- (B) by inserting before the period the fol- where the employee demonstrates that an al- thorized under— lowing: ‘‘, including expert fees’’. ternative employment practice exists that (1) in the case of the Secretary of Edu- (d) ACTION BY SECRETARY.—Section 16(c) of would serve the same business purpose with- cation, the Elementary and Secondary Edu- out producing such differential and that the the Fair Labor Standards Act of 1938 (29 cation Act of 1965 (20 U.S.C. 6301 et seq.), the employer has refused to adopt such alter- U.S.C. 216(c)) is amended— Carl D. Perkins Career and Technical Edu- native practice. (1) in the first sentence— cation Act of 2006 (20 U.S.C. 2301 et seq.), the ‘‘(C) For purposes of subparagraph (A), em- (A) by inserting ‘‘or, in the case of a viola- Higher Education Act of 1965 (20 U.S.C. 1001 ployees shall be deemed to work in the same tion of section 6(d), additional compensatory et seq.), and other programs carried out by establishment if the employees work for the or punitive damages, as described in sub- the Department of Education that the Sec- same employer at workplaces located in the section (b),’’ before ‘‘and the agreement’’; retary of Education determines to be appro- same county or similar political subdivision and priate; and of a State. The preceding sentence shall not (B) by inserting before the period the fol- (2) in the case of the Secretary of Labor, be construed as limiting broader applica- lowing: ‘‘, or such compensatory or punitive the Workforce Investment Act of 1998 (29 tions of the term ‘establishment’ consistent damages, as appropriate’’; U.S.C. 2801 et seq.), and other programs car- with rules prescribed or guidance issued by (2) in the second sentence, by inserting be- ried out by the Department of Labor that the the Equal Opportunity Employment Com- fore the period the following: ‘‘and, in the Secretary of Labor determines to be appro- mission.’’. case of a violation of section 6(d), additional priate. (b) NONRETALIATION PROVISION.—Section 15 compensatory or punitive damages, as de- of the Fair Labor Standards Act of 1938 (29 scribed in subsection (b)’’; (c) REPORT.—Not later than 1 year after U.S.C. 215) is amended— (3) in the third sentence, by striking ‘‘the the date of enactment of this Act, and annu- (1) in subsection (a)(3), by striking ‘‘em- first sentence’’ and inserting ‘‘the first or ally thereafter, the Secretary of Labor and ployee has filed’’ and all that follows second sentence’’; and the Secretary of Education shall prepare and through ‘‘committee;’’ and inserting ‘‘em- (4) in the last sentence— submit to Congress a report describing the ployee— (A) by striking ‘‘commenced in the case’’ activities conducted under this section and ‘‘(A) has made a charge or filed any com- and inserting ‘‘commenced— evaluating the effectiveness of such activi- plaint or instituted or caused to be insti- ‘‘(1) in the case’’; ties in achieving the purposes of this title. tuted any investigation, proceeding, hearing, (B) by striking the period and inserting ‘‘; SEC. l06. RESEARCH, EDUCATION, AND OUT- or action under or related to this Act, in- or’’; and REACH. cluding an investigation conducted by the (C) by adding at the end the following: The Secretary of Labor shall conduct stud- employer, or has testified or is planning to ‘‘(2) in the case of a class action brought to ies and provide information to employers, testify or has assisted or participated in any enforce section 6(d), on the date on which the labor organizations, and the general public manner in any such investigation, pro- individual becomes a party plaintiff to the concerning the means available to eliminate ceeding, hearing, or action, or has served or class action.’’. pay disparities between men and women, in- is planning to serve on an industry com- SEC. l04. TRAINING. cluding— mittee; or The Equal Employment Opportunity Com- (1) conducting and promoting research to ‘‘(B) has inquired about, discussed, or dis- mission and the Office of Federal Contract develop the means to correct expeditiously closed the wages of the employee or another Compliance Programs, subject to the avail- the conditions leading to the pay disparities; employee;’’; and ability of funds appropriated under section (2) publishing and otherwise making avail- (2) by adding at the end the following: l10, shall provide training to Commission able to employers, labor organizations, pro- ‘‘(c) Subsection (a)(3)(B) shall not apply to employees and affected individuals and enti- fessional associations, educational institu- instances in which an employee who has ac- ties on matters involving discrimination in tions, the media, and the general public the cess to the wage information of other em- the payment of wages. ployees as a part of such employee’s essen- findings resulting from studies and other tial job functions discloses the wages of such SEC. l05. NEGOTIATION SKILLS TRAINING FOR materials, relating to eliminating the pay other employees to an individual who does GIRLS AND WOMEN. disparities; not otherwise have access to such informa- (a) PROGRAM AUTHORIZED.— (3) sponsoring and assisting State and com- tion, unless such disclosure is in response to (1) IN GENERAL.—The Secretary of Labor, munity informational and educational pro- a charge or complaint or in furtherance of an after consultation with the Secretary of grams; investigation, proceeding, hearing, or action Education, is authorized to establish and (4) providing information to employers, under section 6(d), including an investigation carry out a grant program. labor organizations, professional associa- conducted by the employer. Nothing in this (2) GRANTS.—In carrying out the program, tions, and other interested persons on the subsection shall be construed to limit the the Secretary of Labor may make grants on means of eliminating the pay disparities; rights of an employee provided under any a competitive basis to eligible entities, to (5) recognizing and promoting the achieve- other provision of law.’’. carry out negotiation skills training pro- ments of employers, labor organizations, and (c) ENHANCED PENALTIES.—Section 16(b) of grams for girls and women. professional associations that have worked the Fair Labor Standards Act of 1938 (29 (3) ELIGIBLE ENTITIES.—To be eligible to re- to eliminate the pay disparities; and U.S.C. 216(b)) is amended— ceive a grant under this subsection, an enti- (6) convening a national summit to discuss, (1) by inserting after the first sentence the ty shall be a public agency, such as a State, and consider approaches for rectifying, the following: ‘‘Any employer who violates sec- a local government in a metropolitan statis- pay disparities.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6031 SEC. l07. ESTABLISHMENT OF THE NATIONAL (B) in considering evidence of possible mitted an amendment intended to be AWARD FOR PAY EQUITY IN THE compensation discrimination— proposed to amendment SA 4402 pro- WORKPLACE. (i) shall not limit its consideration to a posed by Mr. REID (for Mr. BAUCUS (for (a) IN GENERAL.—There is established the small number of types of evidence; and himself, Ms. LANDRIEU, and Mr. REID)) Secretary of Labor’s National Award for Pay (ii) shall not limit its evaluation of the Equity in the Workplace, which shall be evidence to a small number of methods of to the bill H.R. 5297, to create the awarded, as appropriate, to encourage evaluating the evidence; and Small Business Lending Fund Program proactive efforts to comply with section 6(d) (C) shall not require a multiple regression to direct the Secretary of the Treasury of the Fair Labor Standards Act of 1938 (29 analysis or anecdotal evidence for a com- to make capital investments in eligible U.S.C. 206(d)). pensation discrimination case; (b) CRITERIA FOR QUALIFICATION.—The Sec- institutions in order to increase the (2) for purposes of its investigative, com- retary of Labor shall set criteria for receipt availability of credit for small busi- of the award, including a requirement that pliance, and enforcement activities, shall de- nesses, to amend the Internal Revenue an employer has made substantial effort to fine ‘‘similarly situated employees’’ in a way Code of 1986 to provide tax incentives that is consistent with and not more strin- eliminate pay disparities between men and for small business job creation, and for women, and deserves special recognition as a gent than the definition provided in item 1 of subsection A of section 10–III of the Equal other purposes; which was ordered to consequence of such effort. The Secretary lie on the table; as follows: shall establish procedures for the application Employment Opportunity Commission Com- for and presentation of the award. pliance Manual (2000), and shall consider At the end, add the following: only factors that the Office’s investigation (c) EMPLOYER.—In this section, the term TITLE l—RESPONSIBLE ESTATE TAX reveals were used in making compensation ‘‘employer’’ includes— REFORM (1)(A) a corporation, including a nonprofit decisions; and ll corporation; (3) shall reinstate the Equal Opportunity SEC. 01. SHORT TITLE. (B) a partnership; Survey, as required by section 60–2.18 of title This title may be cited as the ‘‘Responsible (C) a professional association; 41, Code of Federal Regulations (as in effect Estate Tax Act’’. (D) a labor organization; and on September 7, 2006), designating not less SEC. ll02. REINSTATEMENT AND EXTENSION OF (E) a business entity similar to an entity than half of all nonconstruction contractor ESTATE AND GENERATION-SKIPPING described in any of subparagraphs (A) establishments each year to prepare and file TAXES; REPEAL OF CARRYOVER BASIS. through (D); such survey, and shall review and utilize the (2) an entity carrying out an education re- responses to such survey to identify con- (a) IN GENERAL.—The following provisions ferral program, a training program, such as tractor establishments for further evalua- of the Economic Growth and Tax Relief Rec- an apprenticeship or management training tion and for other enforcement purposes as onciliation Act of 2001, and the amendments program, or a similar program; and appropriate. made by such provisions, are hereby repealed (3) an entity carrying out a joint program, (c) DEPARTMENT OF LABOR DISTRIBUTION OF effective December 31, 2009: formed by a combination of any entities de- WAGE DISCRIMINATION INFORMATION.—The (1) Subtitles A and E of title V. scribed in paragraph (1) or (2). Secretary of Labor shall make readily avail- (2) Subsection (d), and so much of sub- section (f)(3) as relates to subsection (d), of SEC. l08. COLLECTION OF PAY INFORMATION BY able (in print, on the Department of Labor THE EQUAL EMPLOYMENT OPPOR- website, and through any other forum that section 511. TUNITY COMMISSION. the Department may use to distribute com- (3) Paragraph (2) of subsection (b), and Section 709 of the Civil Rights Act of 1964 pensation discrimination information), accu- paragraph (2) of subsection (e), of section 521. (42 U.S.C. 2000e–8) is amended by adding at rate information on compensation discrimi- Any provision of the Internal Revenue Code the end the following: nation, including statistics, explanations of of 1986 amended by such provisions are ‘‘(f)(1) Not later than 18 months after the employee rights, historical analyses of such amended to read as such provisions would date of enactment of this subsection, the discrimination, instructions for employers read if such sections had never been enacted. Commission shall— on compliance, and any other information (b) CONFORMING AMENDMENT.—Subsection ‘‘(A) complete a survey of the data that is that will assist the public in understanding (c) of section 2511 of the Internal Revenue currently available to the Federal Govern- and addressing such discrimination. Code of 1986 is hereby repealed effective De- ment relating to employee pay information SEC. l10. AUTHORIZATION OF APPROPRIATIONS. cember 31, 2009. for use in the enforcement of Federal laws (a) AUTHORIZATION OF APPROPRIATIONS.— (c) SUNSET NOT TO APPLY.— prohibiting pay discrimination and, in con- There is authorized to be appropriated (1) Subsection (a) of section 901 of the Eco- sultation with other relevant Federal agen- $15,000,000 to carry out this title. nomic Growth and Tax Relief Reconciliation cies, identify additional data collections (b) PROHIBITION ON EARMARKS.—None of the Act of 2001 is amended by striking ‘‘this Act’’ that will enhance the enforcement of such funds appropriated pursuant to subsection and all that follows and inserting ‘‘this Act laws; and (a) for purposes of the grant program in sec- (other than title V) shall not apply to tax- ‘‘(B) based on the results of the survey and tion l05 of this title may be used for a con- able, plan, or limitation years beginning consultations under subparagraph (A), issue gressional earmark as defined in clause 9(e) after December 31, 2010.’’. regulations to provide for the collection of of rule XXI of the Rules of the House of Rep- (2) Subsection (b) of such section 901 is pay information data from employers as de- resentatives. amended by striking ‘‘, estates, gifts, and scribed by the sex, race, and national origin SEC. l011. SMALL BUSINESS ASSISTANCE. transfers’’. of employees. (a) EFFECTIVE DATE.—This title and the (d) TRANSITION RULES.—Notwithstanding ‘‘(2) In implementing paragraph (1), the amendments made by this title shall take ef- any provision of the Internal Revenue Code Commission shall have as its primary con- fect on the date that is 6 months after the of 1986, in the case of decedent dying or a sideration the most effective and efficient date of enactment of this Act. transfer made after December 31, 2009, and means for enhancing the enforcement of Fed- (b) TECHNICAL ASSISTANCE MATERIALS.— before the date of the enactment of this eral laws prohibiting pay discrimination. For The Secretary of Labor and the Commis- Act— this purpose, the Commission shall consider sioner of the Equal Employment Oppor- (1) the due date for any return under sec- factors including the imposition of burdens tunity Commission shall jointly develop tion 6018 or 6019 of such Code (including any on employers, the frequency of required data technical assistance material to assist small election required to be made on such a re- collection reports (including which employ- businesses in complying with the require- turn) and any payment of tax under chapter ers should be required to prepare reports), ments of this title and the amendments appropriate protections for maintaining data 11, 12, or 13 of such Code shall be the later made by this title. of— confidentiality, and the most effective for- (c) SMALL BUSINESSES.—A small business mat for the data collection reports.’’. (A) the date that is 4 months after the date shall be exempt from the provisions of this of the enactment of this Act, or SEC. l09. REINSTATEMENT OF PAY EQUITY PRO- title to the same extent that such business is (B) the date otherwise required by law (de- GRAMS AND PAY EQUITY DATA COL- exempt from the requirements of the Fair LECTION. termined without regard to this subsection), Labor Standards Act of 1938 pursuant to (a) BUREAU OF LABOR STATISTICS DATA COL- and clauses (i) and (ii) of section 3(s)(1)(A) of LECTION.—The Commissioner of Labor Sta- (2) any disclaimer of an interest in prop- such Act (29 U.S.C. 203(s)(1)(A)). tistics shall continue to collect data on erty shall be treated as a qualified dis- women workers in the Current Employment SEC. l12. RULE OF CONSTRUCTION. claimer under section 2518 of such Code if Statistics survey. Nothing in this title, or in any amendment such disclaimer meets the requirements of (b) OFFICE OF FEDERAL CONTRACT COMPLI- made by this title, shall affect the obligation paragraphs (1), (3), and (4) of section 2518(b) ANCE PROGRAMS INITIATIVES.—The Director of employers and employees to fully comply of such Code and is received in writing by a of the Office of Federal Contract Compliance with all applicable immigration laws, includ- person described in section 2518(b)(2) of such Programs shall ensure that employees of the ing any penalties, fines, or other sanctions. Code not later than— Office— (A) the date that is 4 months after the date (1)(A) shall use the full range of investiga- SA 4491. Mr. SANDERS (for himself, of the enactment of this Act, or tory tools at the Office’s disposal, including Mr. HARKIN, Mr. WHITEHOUSE, Mr. (B) the date otherwise required under sec- pay grade methodology; BROWN of Ohio, and Mr. FRANKEN) sub- tion 2518(b)(2) of such Code.

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6032 CONGRESSIONAL RECORD — SENATE July 20, 2010 SEC. ll03. MODIFICATION OF RATES AND MAIN- SEC. ll06. CONSISTENT BASIS REPORTING BE- ‘‘(E) such other information with respect TENANCE OF UNIFIED CREDIT TWEEN ESTATE AND PERSON AC- to such interest as the Secretary may pre- AGAINST THE ESTATE TAX. QUIRING PROPERTY FROM DECE- scribe. DENT. (a) MODIFICATION OF RATES.— ‘‘(2) TIME FOR FURNISHING STATEMENT.— (1) IN GENERAL.—The table in paragraph (1) (a) INFORMATION REPORTING.— ‘‘(A) IN GENERAL.—Any statement required of section 2001(c) of the Internal Revenue (1) IN GENERAL.—Subpart A of part III of to be filed under paragraph (1) shall be filed Code of 1986 is amended by striking the last subchapter A of chapter 61 of the Internal not later than the earlier of— 6 rows and inserting the following: Revenue Code of 1986 is amended by inserting ‘‘(i) the date which is 30 days after the date after section 6034A the following new sec- ‘‘Over $750,000 but $248,300 plus 39 per- on which such return was required to be filed tion: (including extensions, if any), or not over $3,500,000. cent of the excess ‘‘(ii) the date which is 30 days after the of such amount ‘‘SEC. 6035. BASIS INFORMATION TO PERSONS AC- date such return is filed. over $750,000 QUIRING PROPERTY FROM DECE- DENT OR BY GIFT. ‘‘(B) ADJUSTMENTS.—In any case in which Over $3,500,000 but $1,320,800 plus 45 per- there is an adjustment to the information re- not over $10,000,000. cent of the excess ‘‘(a) INFORMATION WITH RESPECT TO PROP- quired to be included on a statement filed of such amount ERTY ACQUIRED FROM DECEDENTS.— under paragraph (1) after such statement has over $3,500,000 ‘‘(1) IN GENERAL.—The executor of any es- been filed, a supplemental statement under Over $10,000,000 but $4,245,800 plus 50 per- tate required to file a return under section such paragraph shall be filed not later than not over $50,000,000. cent of the excess 6018(a) shall furnish to the Secretary and to the date which is 30 days after such adjust- of such amount each person acquiring any interest in prop- erty included in the decedent’s gross estate ment is made. over $10,000,000 EGULATIONS.—The Secretary shall for federal estate tax purposes a statement ‘‘(c) R Over $50,000,000 ...... $24,245,800 plus 55 per- prescribe such regulations as necessary to identifying— cent of the excess carry out this section, including regulations ‘‘(A) the fair market value of each interest of such amount relating to— in such property acquired by such person as over $50,000,000’’. ‘‘(1) the application of this section to prop- reported on such return, erty with regard to which no estate or gift (2) SURTAX ON WEALTHY ESTATES.—Para- ‘‘(B) in the case of any property to which tax return is required to be filed, and graph (2) of section 2001(c) of such Code is the exclusion under section 2031(c) applies or amended to read as follows: ‘‘(2) situations in which the surviving joint to which section 1014(e) applies, the adjusted tenant or other recipient may have better in- ‘‘(2) SURTAX ON ESTATES OVER $500,000,000.— basis of such property in the hands of the de- Notwithstanding paragraph (1), if the formation than the executor regarding the cedent, basis or fair market value of the property.’’. amount with respect to which the tentative ‘‘(C) in the case of any property which con- (2) PENALTY FOR FAILURE TO FILE.— tax to be computed is over $500,000,000, the sists of stock in a DISC or former DISC (as rate of tax otherwise in effect under this sub- (A) RETURN.—Subparagraph (B) of section defined in section 992(a)), the basis of the de- 6724(d)(1) of the Internal Revenue Code of section with respect to the amount in excess cedent in such stock reduced by the amount of $500,000,000 shall be increased by 10 per- 1986 is amended by striking ‘‘or’’ at the end (if any) which would have been included in of clause (xxiv), by striking ‘‘and’’ at the end centage points.’’. gross income under section 995(c) as a divi- (b) EXTENSION OF APPLICABLE 2009 CREDIT of clause (xxv) and inserting ‘‘or’’, and by dend if the decedent had lived and sold the adding at the end the following new clause: AMOUNTS.—The table in subsection (c) of sec- stock at its fair market value on the estate tion 2010 of the Internal Revenue Code of 1986 ‘‘(xxvi) section 6035 (relating to returns re- tax valuation date (determined under the lating to basis information to persons ac- (relating to applicable credit amount) is rules of section 1014(d)), and amended by inserting ‘‘and thereafter’’ after quiring property from decedent or by gift), ‘‘(D) such other information with respect and’’. ‘‘2009’’. to such interest as the Secretary may pre- (B) STATEMENT.—Subparagraph (A) of sec- (c) EFFECTIVE DATE.—The amendments scribe. made by this section shall apply to estates of tion 6724(d)(2)(A) of such Code is amended by ‘‘(2) STATEMENTS BY BENEFICIARIES.—Any inserting ‘‘6035,’’ after ‘‘6034A,’’. decedents dying, and gifts made, after De- person required to file a return under section cember 31, 2009. (3) CLERICAL AMENDMENT.—The table of 6018(b) shall furnish to the Secretary and to sections for subpart A of part III of sub- SEC. ll04. MODIFICATION OF RULES FOR each other person who holds a legal or bene- chapter A of chapter 61 of the Internal Rev- VALUE OF CERTAIN FARM, ETC., ficial interest in the property to which such enue Code of 1986 is amended by inserting REAL PROPERTY. return relates a statement identifying the after the item relating to section 6034A the (a) IN GENERAL.—Paragraph (2) of section information described in paragraph (1). following new item: 2032A(a) of the Internal Revenue Code of 1986 ‘‘(3) TIME FOR FURNISHING STATEMENT.— ‘‘Sec. 6035. Basis information to persons ac- is amended by striking ‘‘$750,000’’ and insert- ‘‘(A) IN GENERAL.—Any statement required ing ‘‘$3,000,000’’. to be filed under paragraph (1) or (2) shall be quiring property from decedent or by gift.’’. (b) INFLATION ADJUSTMENT.—Paragraph (3) filed not later than the earlier of— of section 2032A(a) of such Code is amended— ‘‘(i) the date which is 30 days after the date (b) CONSISTENT USE OF BASIS.— (1) by striking ‘‘1998’’ and inserting ‘‘2009’’, on which such return was required to be filed (1) PROPERTY ACQUIRED FROM A DECEDENT.— (2) by striking ‘‘$750,000’’ and inserting (including extensions, if any), or Section 1014 of the Internal Revenue Code of ‘‘$3,000,000’’ in subparagraph (A), and ‘‘(ii) the date which is 30 days after the 1986 is amended by adding at the end the fol- (3) by striking ‘‘calendar year 1997’’ and in- date such return is filed. lowing new subsection: ‘‘(f) BASIS MUST BE CONSISTENT WITH IN- serting ‘‘calendar year 2008’’ in subparagraph ‘‘(B) ADJUSTMENTS.—In any case in which (B). there is an adjustment to the information re- FORMATION REPORTS.—Except as provided by the Secretary in regulations, in any case in (c) EFFECTIVE DATE.—The amendments quired to be included on a statement filed which the executor of the estate was re- made by this section shall apply to estates of under paragraph (1) or (2) after such state- quired to make a return under section 6035, ment has been filed, a supplemental state- decedents dying, and gifts made, after De- the basis of an interest in property in the ment under such paragraph shall be filed not cember 31, 2009. hands of the person acquiring such property later than the date which is 30 days after SEC. ll05. MODIFICATION OF ESTATE TAX shall not exceed— such adjustment is made. RULES WITH RESPECT TO LAND ‘‘(1) except as provided in paragraph (2), SUBJECT TO CONSERVATION EASE- ‘‘(b) INFORMATION WITH RESPECT TO PROP- shall not exceed the value of such interest as MENTS. ERTY ACQUIRED BY GIFT.— determined for purposes of chapter 11, and (a) MODIFICATION OF EXCLUSION LIMITA- ‘‘(1) IN GENERAL.—Each person making a ‘‘(2) in the case of property to which sub- TION.—The table in paragraph (3) of section transfer by gift who is required to file a re- section (a)(4) or (d) applies, shall be cal- 2031(c) of the Internal Revenue Code of 1986 is turn under section 6019 with respect to such culated using the information reported to amended— transfer shall furnish to the Secretary and to such person under section 6035(a).’’. (1) by striking ‘‘or thereafter’’ in the last each person acquiring any interest in prop- (2) PROPERTY ACQUIRED BY GIFTS AND row and inserting ‘‘through 2009’’, and erty by reason of such transfer a statement TRANSFERS IN TRUST.—Section 1015 of the In- (2) by adding at the end the following row: identifying— ternal Revenue Code of 1986 is amended by ‘‘2010 and thereafter ...... $2,000,000’’. ‘‘(A) the donor’s adjusted basis in each in- adding at the end the following new sub- terest in property acquired by such person, section: (b) MODIFICATION OF APPLICABLE PERCENT- ‘‘(B) the fair market value of each interest ‘‘(f) BASIS MUST BE CONSISTENT WITH IN- AGE.—Paragraph (2) of section 2031(c) of the in such property at the time of the transfer FORMATION REPORTS.—Except as provided by Internal Revenue Code of 1986 is amended by as reported return, the Secretary in regulations, in any case in striking ‘‘40 percent’’ and inserting ‘‘60 per- ‘‘(C) in the case of a transfer in trust, the which the transferor was required to make a cent’’. amount of the gain or loss recognized by the return under section 6035, the basis of the (c) EFFECTIVE DATE.—The amendments grantor on such transfer, property in the hands of the person acquiring made by this section shall apply to estates of ‘‘(D) the amount, if any, of gift tax paid by such property shall be calculated using the decedents dying, and gifts made, after De- the transferor with respect to such interest, information reported to such person under cember 31, 2009. and section 6035(b).’’.

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(c) PENALTY FOR INCONSISTENT REPORT- ‘‘(B) except to the extent provided by the ‘‘(A) the right to receive the fixed amounts ING.— Secretary, stock in a corporation or any referred to in such paragraph is for a term of (1) IN GENERAL.—Subsection (b) of section other equity, profits, or capital interest in not less than 10 years, 6662 of the Internal Revenue Code of 1986 is any entity, ‘‘(B) such fixed amounts, when determined amended by inserting after paragraph (7) the ‘‘(C) evidence of indebtedness, option, for- on an annual basis, do not decrease relative following new paragraph: ward or futures contract, notional principal to any prior year during the first 10 years of ‘‘(8) Any inconsistent estate or gift basis contract, or derivative, the term referred to in subparagraph (A), and reporting.’’. ‘‘(D) asset described in clause (iii), (iv), or ‘‘(C) the remainder interest has a value (2) INCONSISTENT BASIS REPORTING.—Sec- (v) of section 351(e)(1)(B), greater than zero determined as of the time tion 6662 of such Code is amended by adding ‘‘(E) annuity, of the transfer.’’. at the end the following new subsection: ‘‘(F) real property used in 1 or more real (b) EFFECTIVE DATE.—The amendments ‘‘(k) INCONSISTENT ESTATE OR GIFT BASIS property trades or businesses (as defined in made by this section shall apply to transfers REPORTING.—For purposes of this section, section 469(c)(7)(C)), made after the date of the enactment of this the term ‘inconsistent estate or gift basis re- ‘‘(G) asset (other than a patent, trade- Act. porting’ means the portion of the under- mark, or copyright) which produces royalty statement which is attributable to the fail- income, SA 4492. Mr. BROWN of Massachu- ure by the taxpayer to use the information ‘‘(H) commodity, setts submitted an amendment in- reported to such taxpayer under section 6035 ‘‘(I) collectible (within the meaning of sec- tended to be proposed to amendment in calculating the basis of any property ac- tion 401(m)), or quired from a decedent or by gift or transfer SA 4425 proposed by Mr. REID to the ‘‘(J) any other asset specified in regula- bill H.R. 4213, to amend the Internal in trust.’’. tions prescribed by the Secretary. (d) EFFECTIVE DATE.—The amendments Revenue Code of 1986 to extend certain ‘‘(4) LOOK-THRU RULES.— made by this section shall apply to transfers ‘‘(A) IN GENERAL.—If a nonbusiness asset of expiring provisions, and for other pur- for which returns are filed after the date of an entity consists of a 10-percent interest in poses; which was ordered to lie on the the enactment of this Act. any other entity, this subsection shall be ap- table; as follows: SEC. ll07. VALUATION RULES FOR CERTAIN plied by disregarding the 10-percent interest TRANSFERS OF NONBUSINESS AS- In lieu of the matter proposed to be in- SETS; LIMITATION ON MINORITY and by treating the entity as holding di- serted, insert the following: DISCOUNTS. rectly its ratable share of the assets of the SECTION 1. SHORT TITLE. (a) IN GENERAL.—Section 2031 of the Inter- other entity. This subparagraph shall be ap- This Act may be cited as the ‘‘Unemploy- nal Revenue Code of 1986 (relating to defini- plied successively to any 10-percent interest ment Compensation Extension Act of 2010’’. of such other entity in any other entity. tion of gross estate) is amended by redesig- SEC. 2. EXTENSION OF UNEMPLOYMENT INSUR- nating subsection (d) as subsection (f) and by ‘‘(B) 10-PERCENT INTEREST.—The term ‘10- ANCE PROVISIONS. percent interest’ means— inserting after subsection (c) the following (a) IN GENERAL.—(1) Section 4007 of the new subsections: ‘‘(i) in the case of an interest in a corpora- Supplemental Appropriations Act, 2008 (Pub- ‘‘(d) VALUATION RULES FOR CERTAIN TRANS- tion, ownership of at least 10 percent (by lic Law 110–252; 26 U.S.C. 3304 note) is amend- FERS OF NONBUSINESS ASSETS.—For purposes vote or value) of the stock in such corpora- ed— of this chapter and chapter 12— tion, (A) by striking ‘‘June 2, 2010’’ each place it ‘‘(1) IN GENERAL.—In the case of the trans- ‘‘(ii) in the case of an interest in a partner- appears and inserting ‘‘November 30, 2010’’; fer of any interest in an entity other than an ship, ownership of at least 10 percent of the (B) in the heading for subsection (b)(2), by interest which is actively traded (within the capital or profits interest in the partnership, striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEM- meaning of section 1092)— and BER 30, 2010’’; and ‘‘(A) the value of any nonbusiness assets ‘‘(iii) in any other case, ownership of at (C) in subsection (b)(3), by striking ‘‘No- held by the entity with respect to such inter- least 10 percent of the beneficial interests in vember 6, 2010’’ and inserting ‘‘April 30, est shall be determined as if the transferor the entity. 2011’’. had transferred such assets directly to the ‘‘(5) COORDINATION WITH SUBSECTION (b).— (2) Section 2005 of the Assistance for Unem- transferee (and no valuation discount shall Subsection (b) shall apply after the applica- ployed Workers and Struggling Families be allowed with respect to such nonbusiness tion of this subsection. Act, as contained in Public Law 111–5 (26 assets), and ‘‘(e) LIMITATION ON MINORITY DISCOUNTS.— U.S.C. 3304 note; 123 Stat. 444), is amended— ‘‘(B) such nonbusiness assets shall not be For purposes of this chapter and chapter 12, (A) by striking ‘‘June 2, 2010’’ each place it taken into account in determining the value in the case of the transfer of any interest in appears and inserting ‘‘December 1, 2010’’; of the interest in the entity. an entity other than an interest which is ac- and ‘‘(2) NONBUSINESS ASSETS.—For purposes of tively traded (within the meaning of section (B) in subsection (c), by striking ‘‘Novem- this subsection— 1092), no discount shall be allowed by reason ber 6, 2010’’ and inserting ‘‘May 1, 2011’’. ‘‘(A) IN GENERAL.—The term ‘nonbusiness of the fact that the transferee does not have (3) Section 5 of the Unemployment Com- asset’ means any asset which is not used in control of such entity if the transferee and pensation Extension Act of 2008 (Public Law the active conduct of 1 or more trades or members of the family (as defined in section 110–449; 26 U.S.C. 3304 note) is amended by businesses. 2032A(e)(2)) of the transferee have control of striking ‘‘November 6, 2010’’ and inserting ‘‘(B) EXCEPTION FOR CERTAIN PASSIVE AS- such entity.’’. ‘‘April 30, 2011’’. SETS.—Except as provided in subparagraph (b) EFFECTIVE DATE.—The amendments (b) FUNDING.—Section 4004(e)(1) of the Sup- (C), a passive asset shall not be treated for made by this section shall apply to transfers plemental Appropriations Act, 2008 (Public purposes of subparagraph (A) as used in the after the date of the enactment of this Act. Law 110–252; 26 U.S.C. 3304 note) is amended— active conduct of a trade or business unless— SEC. ll08. REQUIRED MINIMUM 10-YEAR TERM, (1) in subparagraph (D), by striking ‘‘and’’ ‘‘(i) the asset is property described in para- ETC., FOR GRANTOR RETAINED AN- at the end; and graph (1) or (4) of section 1221(a) or is a hedge NUITY TRUSTS. (2) by inserting after subparagraph (E) the with respect to such property, or (a) IN GENERAL.—Subsection (b) of section following: ‘‘(ii) the asset is real property used in the 2702 of the Internal Revenue Code of 1986 is ‘‘(F) the amendments made by section active conduct of 1 or more real property amended— 2(a)(1) of the Unemployment Compensation trades or businesses (within the meaning of (1) by redesignating paragraphs (1), (2), and Extension Act of 2010; and’’. section 469(c)(7)(C)) in which the transferor (3) as subparagraphs (A), (B), and (C), respec- (c) CONDITIONS FOR RECEIVING EMERGENCY materially participates and with respect to tively, and by moving such subparagraphs UNEMPLOYMENT COMPENSATION.—Section which the transferor meets the requirements (as so redesignated) 2 ems to the right; 4001(d)(2) of the Supplemental Appropria- of section 469(c)(7)(B)(ii). (2) by striking ‘‘For purposes of’’ and in- tions Act, 2008 (Public Law 110–252; 26 U.S.C. For purposes of clause (ii), material partici- serting the following: 3304 note) is amended, in the matter pre- pation shall be determined under the rules of ‘‘(1) IN GENERAL.—For purposes of’’; ceding subparagraph (A), by inserting before section 469(h), except that section 469(h)(3) (3) by striking ‘‘paragraph (1) or (2)’’ in ‘‘shall apply’’ the following: ‘‘(including shall be applied without regard to the limita- paragraph (1)(C) (as so redesignated) and in- terms and conditions relating to availability tion to farming activity. serting ‘‘subparagraph (A) or (B)’’; and for work, active search for work, and refusal ‘‘(C) EXCEPTION FOR WORKING CAPITAL.— (4) by adding at the end the following new to accept work)’’. Any asset (including a passive asset) which paragraph: (d) EFFECTIVE DATE.—The amendments is held as a part of the reasonably required ‘‘(2) ADDITIONAL REQUIREMENTS WITH RE- made by this section shall take effect as if working capital needs of a trade or business SPECT TO GRANTOR RETAINED ANNUITIES.—For included in the enactment of the Continuing shall be treated as used in the active conduct purposes of subsection (a), in the case of an Extension Act of 2010 (Public Law 111–157). of a trade or business. interest described in paragraph (1)(A) (deter- SEC. 3. COORDINATION OF EMERGENCY UNEM- ‘‘(3) PASSIVE ASSET.—For purposes of this mined without regard to this paragraph) PLOYMENT COMPENSATION WITH subsection, the term ‘passive asset’ means which is retained by the transferor, such in- REGULAR COMPENSATION. any— terest shall be treated as described in such (a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY ‘‘(A) cash or cash equivalents, paragraph only if— REASON OF NEW ENTITLEMENT TO REGULAR

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6034 CONGRESSIONAL RECORD — SENATE July 20, 2010 BENEFITS.—Section 4002 of the Supplemental SEC. 5. SUNSET OF TEMPORARY INCREASE IN NOTICES OF INTENT TO SUSPEND Appropriations Act, 2008 (Public Law 110–252; BENEFITS UNDER THE SUPPLE- THE RULES MENTAL NUTRITION ASSISTANCE 26 U.S.C. 3304 note) is amended by adding at PROGRAM. Mr. BROWN of Massachusetts. Mr. the end the following: Section 101(a) of title I of division A of President, I submit the following no- ‘‘(g) COORDINATION OF EMERGENCY UNEM- Public Law 111-5 (123 Stat. 120) is amended— tice in writing: In accordance with rule PLOYMENT COMPENSATION WITH REGULAR (1) in paragraph (1), by inserting before the V of the Standing Rules of the Senate, COMPENSATION.— period, ‘‘, if the value of such benefits and I hereby give notice in writing that it ‘‘(1) If— block grants would thereby be greater than is my intention to move to suspend ‘‘(A) an individual has been determined to in the absence of this subsection’’; and be entitled to emergency unemployment (2) by striking paragraph (2) and inserting rule XXII, paragraph 2, for the purpose compensation with respect to a benefit year, the following: of proposing and considering the fol- ‘‘(B) that benefit year has expired, ‘‘(2) TERMINATION.—The authority provided lowing amendment: ‘‘(C) that individual has remaining entitle- by this subsection shall terminate after May In lieu of the matter proposed to be in- ment to emergency unemployment com- 31, 2014.’’. serted, insert the following: pensation with respect to that benefit year, SEC. 6. BUDGETARY PROVISIONS. SECTION 1. SHORT TITLE. and (a) STATUTORY PAYGO.—The budgetary ef- This Act may be cited as the ‘‘Unemploy- ‘‘(D) that individual would qualify for a ment Compensation Extension Act of 2010’’. new benefit year in which the weekly benefit fects of this Act, for the purpose of com- plying with the Statutory Pay-As-You-Go SEC. 2. EXTENSION OF UNEMPLOYMENT INSUR- amount of regular compensation is at least ANCE PROVISIONS. either $100 or 25 percent less than the indi- Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Ef- (a) IN GENERAL.—(1) Section 4007 of the vidual’s weekly benefit amount in the ben- Supplemental Appropriations Act, 2008 (Pub- efit year referred to in subparagraph (A), fects of PAYGO Legislation’ for this Act, jointly submitted for printing in the Con- lic Law 110–252; 26 U.S.C. 3304 note) is amend- then the State shall determine eligibility for gressional Record by the Chairmen of the ed— compensation as provided in paragraph (2). House and Senate Budget Committees, pro- (A) by striking ‘‘June 2, 2010’’ each place it ‘‘(2) For individuals described in paragraph vided that such statement has been sub- appears and inserting ‘‘November 30, 2010’’; (1), the State shall determine whether the in- mitted prior to the vote on passage in the (B) in the heading for subsection (b)(2), by dividual is to be paid emergency unemploy- House acting first on this conference report striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEM- ment compensation or regular compensation or amendment between the Houses. BER 30, 2010’’; and for a week of unemployment using one of the (C) in subsection (b)(3), by striking ‘‘No- (b) EMERGENCY DESIGNATIONS.—This Act— following methods: (1) is designated as an emergency require- vember 6, 2010’’ and inserting ‘‘April 30, ‘‘(A) The State shall, if permitted by State ment pursuant to section 4(g) of the Statu- 2011’’. law, establish a new benefit year, but defer tory Pay-As-You-Go Act of 2010 (Public Law (2) Section 2005 of the Assistance for Unem- the payment of regular compensation with 111–139; 2 U.S.C. 933(g)); ployed Workers and Struggling Families respect to that new benefit year until ex- (2) in the House of Representatives, is des- Act, as contained in Public Law 111–5 (26 haustion of all emergency unemployment ignated as an emergency for purposes of pay- U.S.C. 3304 note; 123 Stat. 444), is amended— compensation payable with respect to the as-you-go principles; and (A) by striking ‘‘June 2, 2010’’ each place it benefit year referred to in paragraph (1)(A); (3) in the Senate, is designated as an emer- appears and inserting ‘‘December 1, 2010’’; ‘‘(B) The State shall, if permitted by State gency requirement pursuant to section 403(a) and law, defer the establishment of a new benefit of S. Con. Res. 13 (111th Congress), the con- (B) in subsection (c), by striking ‘‘Novem- year (which uses all the wages and employ- current resolution on the budget for fiscal ber 6, 2010’’ and inserting ‘‘May 1, 2011’’. ment which would have been used to estab- year 2010. (3) Section 5 of the Unemployment Com- lish a benefit year but for the application of pensation Extension Act of 2008 (Public Law this paragraph), until exhaustion of all emer- 110–449; 26 U.S.C. 3304 note) is amended by gency unemployment compensation payable SA 4493. Mr. COBURN submitted an striking ‘‘November 6, 2010’’ and inserting with respect to the benefit year referred to amendment intended to be proposed to ‘‘April 30, 2011’’. in paragraph(1)(A); amendment SA 4425 proposed by Mr. (b) FUNDING.—Section 4004(e)(1) of the Sup- ‘‘(C) The State shall pay, if permitted by REID to the bill H.R. 4213, to amend the plemental Appropriations Act, 2008 (Public State law— Internal Revenue Code of 1986 to extend Law 110–252; 26 U.S.C. 3304 note) is amended— ‘‘(i) regular compensation equal to the certain expiring provisions, and for (1) in subparagraph (D), by striking ‘‘and’’ weekly benefit amount established under the at the end; and new benefit year, and other purposes; which was ordered to (2) by inserting after subparagraph (E) the ‘‘(ii) emergency unemployment compensa- lie on the table; as follows: following: tion equal to the difference between that At the appropriate place, insert the fol- ‘‘(F) the amendments made by section weekly benefit amount and the weekly ben- lowing: 2(a)(1) of the Unemployment Compensation efit amount for the expired benefit year; or Extension Act of 2010; and’’. SEC.l. SENATE SPENDING DISCLOSURE. ‘‘(D) The State shall determine rights to (c) CONDITIONS FOR RECEIVING EMERGENCY emergency unemployment compensation (a) IN GENERAL.—The Secretary of the Sen- UNEMPLOYMENT COMPENSATION.—Section without regard to any rights to regular com- ate shall post prominently on the front page 4001(d)(2) of the Supplemental Appropria- pensation if the individual elects to not file of the public website of the Senate (http:// tions Act, 2008 (Public Law 110–252; 26 U.S.C. a claim for regular compensation under the www.senate.gov/) the following information: 3304 note) is amended, in the matter pre- new benefit year.’’. (1) The total amount of discretionary and ceding subparagraph (A), by inserting before (b) EFFECTIVE DATE.—The amendment direct spending passed by the Senate that ‘‘shall apply’’ the following: ‘‘(including made by this section shall apply to individ- has not been paid for, including emergency terms and conditions relating to availability designated spending or spending otherwise for work, active search for work, and refusal uals whose benefit years, as described in sec- exempted from PAYGO requirements. to accept work)’’. tion 4002(g)(1)(B) the Supplemental Appro- (2) The total amount of net spending au- (d) EFFECTIVE DATE.—The amendments priations Act, 2008 (Public Law 110–252; 26 thorized in legislation passed by the Senate, made by this section shall take effect as if U.S.C. 3304 note), as amended by this section, as scored by CBO. included in the enactment of the Continuing expire after the date of enactment of this Extension Act of 2010 (Public Law 111–157). (3) The number of new government pro- Act. grams created in legislation passed by the SEC. 3. COORDINATION OF EMERGENCY UNEM- Senate. PLOYMENT COMPENSATION WITH SEC. 4. USE OF STIMULUS FUNDS TO OFFSET REGULAR COMPENSATION. SPENDING. (4) The totals for paragraphs (1) through (3) (a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY as passed by both Houses of Congress and The unobligated balance of each amount REASON OF NEW ENTITLEMENT TO REGULAR signed into law by the President. appropriated or made available under the BENEFITS.—Section 4002 of the Supplemental American Recovery and Reinvestment Act of (b) DISPLAY.—The information tallies re- Appropriations Act, 2008 (Public Law 110–252; 2009 (Public Law 111–5) (other than under quired by subsection (a) shall be itemized by 26 U.S.C. 3304 note) is amended by adding at bill and date, updated weekly, and archived title X of division A of such Act) is rescinded the end the following: by calendar year. in order to offset the net increase in spend- ‘‘(g) COORDINATION OF EMERGENCY UNEM- (c) EFFECTIVE DATE.—The PAYGO tally re- PLOYMENT COMPENSATION WITH REGULAR ing resulting from the provisions of, and quired by subsection (a)(1) shall begin with COMPENSATION.— amendments made by, this Act. The Director the date of enactment of the Statutory Pay- ‘‘(1) If— of the Office of Management and Budget As-You-Go Act of 2010 and the authorization ‘‘(A) an individual has been determined to shall report to each congressional committee tally required by subsection (a)(2) shall apply be entitled to emergency unemployment the amounts so rescinded within the jurisdic- to all legislation passed beginning January 1, compensation with respect to a benefit year, tion of such committee. 2010. ‘‘(B) that benefit year has expired,

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6035 ‘‘(C) that individual has remaining entitle- SEC. 6. BUDGETARY PROVISIONS. mittee on Finance with instructions to re- ment to emergency unemployment com- (a) STATUTORY PAYGO.—The budgetary ef- port the same back to the Senate with pensation with respect to that benefit year, fects of this Act, for the purpose of com- changes to include: and plying with the Statutory Pay-As-You-Go (A) a reduction in unnecessary government ‘‘(D) that individual would qualify for a Act of 2010, shall be determined by reference printing and publishing costs to save $4.6 bil- new benefit year in which the weekly benefit to the latest statement titled ‘Budgetary Ef- lion over ten years; amount of regular compensation is at least fects of PAYGO Legislation’ for this Act, (B) a requirement to sell off $15 billion either $100 or 25 percent less than the indi- jointly submitted for printing in the Con- worth of unused and unneeded federal real vidual’s weekly benefit amount in the ben- gressional Record by the Chairmen of the property; efit year referred to in subparagraph (A), House and Senate Budget Committees, pro- (C) a requirement for the Internal Revenue then the State shall determine eligibility for vided that such statement has been sub- Service to collect any unpaid taxes from fed- compensation as provided in paragraph (2). mitted prior to the vote on passage in the eral employees, which would bring in $3 bil- ‘‘(2) For individuals described in paragraph House acting first on this conference report lion, including nearly $2.5 million owed by (1), the State shall determine whether the in- or amendment between the Houses. employees of the U.S. Senate; dividual is to be paid emergency unemploy- (b) EMERGENCY DESIGNATIONS.—This Act— (D) a prohibition on bogus bonuses for gov- ment compensation or regular compensation (1) is designated as an emergency require- ernment contractors whose projects are over for a week of unemployment using one of the ment pursuant to section 4(g) of the Statu- budget, behind schedule, or do not meet following methods: tory Pay-As-You-Go Act of 2010 (Public Law basic performance standards, saving more ‘‘(A) The State shall, if permitted by State 111–139; 2 U.S.C. 933(g)); than $8 billion over ten years; law, establish a new benefit year, but defer (2) in the House of Representatives, is des- (E) a prohibition on nonessential travel by the payment of regular compensation with ignated as an emergency for purposes of pay- government employees to save $10 billion respect to that new benefit year until ex- as-you-go principles; and over ten years; and haustion of all emergency unemployment (3) in the Senate, is designated as an emer- (F) a requirement the Secretary of the compensation payable with respect to the gency requirement pursuant to section 403(a) Senate post on the Senate’s public website benefit year referred to in paragraph (1)(A); of S. Con. Res. 13 (111th Congress), the con- the total dollar amount of new borrowing ‘‘(B) The State shall, if permitted by State current resolution on the budget for fiscal and spending and other violations of PAYGO law, defer the establishment of a new benefit year 2010. approved by the Senate since the PAYGO year (which uses all the wages and employ- Amend the title so as to read: ‘‘To extend law was signed into law. unemployment insurance benefits, and for ment which would have been used to estab- Mr. DEMINT. Mr. President, I submit other purposes.’’. lish a benefit year but for the application of the following notice in writing: In ac- this paragraph), until exhaustion of all emer- Mr. COBURN. Mr. President, I sub- cordance with rule V of the Standing gency unemployment compensation payable mit the following notice in writing: In Rules of the Senate, I hereby give no- with respect to the benefit year referred to accordance with rule V of the Standing in paragraph (1)(A); tice in writing that it is my intention Rules of the Senate, I hereby give no- to move to suspend rule XXII for the ‘‘(C) The State shall pay, if permitted by tice in writing that it is my intention State law— purpose of proposing and considering ‘‘(i) regular compensation equal to the to move to suspend rule XXII for the the following Motion to Commit with weekly benefit amount established under the purpose of proposing and considering instructions to the House message with new benefit year, and the following amendment to amend- respect to H.R. 4213: ‘‘(ii) emergency unemployment compensa- ment No. 4425 to the House amendment Mr. DeMint moves to commit the House tion equal to the difference between that to the Senate amendment to H.R. 4213, Message with respect to H.R. 4213 to the weekly benefit amount and the weekly ben- including germaneness requirements: Committee on the Judiciary with instruc- efit amount for the expired benefit year; or At the appropriate place, insert the fol- tions to report the same back forthwith with ‘‘(D) The State shall determine rights to lowing: an amendment as follows: emergency unemployment compensation without regard to any rights to regular com- SEC.ll. SENATE SPENDING DISCLOSURE. At the appropriate place, insert the fol- pensation if the individual elects to not file (a) IN GENERAL.—The Secretary of the Sen- lowing: a claim for regular compensation under the ate shall post prominently on the front page SEC. ll. No funds made available in any new benefit year.’’. of the public website of the Senate (http:// provision of law may be used to participate www.senate.gov/) the following information: in any lawsuit that seeks to invalidate those (b) EFFECTIVE DATE.—The amendment (1) The total amount of discretionary and provisions of the Arizona Revised Statutes made by this section shall apply to individ- direct spending passed by the Senate that amended by Arizona Senate Bill 1070, 49th uals whose benefit years, as described in sec- has not been paid for, including emergency Leg., 2nd Reg. Sess., Ch. 113 (Az. 6 2010) (as tion 4002(g)(1)(B) the Supplemental Appro- designated spending or spending otherwise amended by Arizona House Bill 2162, 49th 7 priations Act, 2008 (Public Law 110–252; 26 exempted from PAYGO requirements. Leg., 2nd Reg. Sess., Ch. 211 (Az. 2010)). U.S.C. 3304 note), as amended by this section, (2) The total amount of net spending au- expire after the date of enactment of this thorized in legislation passed by the Senate, Mr. DEMINT. Mr. President, I submit Act. as scored by CBO. the following notice in writing: In ac- SEC. 4. USE OF STIMULUS FUNDS TO OFFSET (3) The number of new government pro- cordance with rule V of the Standing SPENDING. grams created in legislation passed by the Rules of the Senate, I hereby give no- The unobligated balance of each amount Senate. tice in writing that it is my intention appropriated or made available under the (4) The totals for paragraphs (1) through (3) to move to suspend rule XXII for the American Recovery and Reinvestment Act of as passed by both Houses of Congress and purpose of proposing and considering 2009 (Public Law 111–5) (other than under signed into law by the President. the following Motion to Commit with title X of division A of such Act) is rescinded (b) DISPLAY.—The information tallies re- quired by subsection (a) shall be itemized by instructions to the House message with in order to offset the net increase in spend- respect to H.R. 4213: ing resulting from the provisions of, and bill and date, updated weekly, and archived amendments made by, this Act. The Director by calendar year. Mr. DeMint moves to commit the House of the Office of Management and Budget (c) EFFECTIVE DATE.—The PAYGO tally re- Message with respect to H.R. 4213 to the shall report to each congressional committee quired by subsection (a)(1) shall begin with Committee on Finance with instructions to the amounts so rescinded within the jurisdic- the date of enactment of the Statutory Pay- report the same back to the Senate with tion of such committee. As-You-Go Act of 2010 and the authorization changes to include a permanent repeal of the tally required by subsection (a)(2) shall apply estate and generation-skipping transfer SEC. 5. SUNSET OF TEMPORARY INCREASE IN to all legislation passed beginning January 1, taxes, and to include provisions which de- BENEFITS UNDER THE SUPPLE- 2010. MENTAL NUTRITION ASSISTANCE crease spending as appropriate to offset such PROGRAM. Mr. COBURN. Mr. President, I sub- permanent repeal. Section 101(a) of title I of division A of mit the following notice in writing: In f Public Law 111–5 (123 Stat. 120) is amended— accordance with rule V of the Standing NOTICE OF HEARING (1) in paragraph (1), by inserting before the Rules of the Senate, I hereby give no- period, ‘‘, if the value of such benefits and tice in writing that it is my intention PERMANENT SUBCOMMITTEE ON INVESTIGATIONS block grants would thereby be greater than to move to suspend rule XXII for the Mr. LEVIN. Mr. President, I would in the absence of this subsection’’; and purpose of proposing and considering like to announce for the information of (2) by striking paragraph (2) and inserting the following: the following motion to recommit with the Senate and the public that the Per- ‘‘(2) TERMINATION.—The authority provided instructions of H.R. 4213: manent Subcommittee on Investiga- by this subsection shall terminate after May The Senator from Oklahoma [Mr. Coburn] tions of the Committee on Homeland 31, 2014.’’. moves to recommit H.R. 4213 to the Com- Security and Governmental Affairs has

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6036 CONGRESSIONAL RECORD — SENATE July 20, 2010 scheduled a hearing entitled, ‘‘Social SELECT COMMITTEE ON INTELLIGENCE identify the core competencies necessary for Security Disability Fraud: Case Stud- Mr. CASEY. Mr. President, I ask Federal personnel performing building oper- ies in Federal Employees and Commer- unanimous consent that the Select ations and maintenance, energy manage- cial Drivers Licenses.’’ The Sub- Committee on Intelligence be author- ment, safety, and design functions to comply with requirements under Federal law. The committee hearing will focus on the ized to meet during the session of the core competencies identified shall include findings of a Government Account- Senate on July 20, 2010, at 2:30 p.m. competencies relating to building operations ability Office Report, ‘‘Social Security The PRESIDING OFFICER. Without and maintenance, energy management, sus- Administration: Cases of Federal Em- objection, it is so ordered. tainability, water efficiency, safety (includ- ing electrical safety), and building perform- ployees and Transportation Drivers f and Owners Who Fraudulently and/or ance measures. Improperly Received SSA Disability PRIVILEGES OF THE FLOOR (b) DESIGNATION OF RELEVANT COURSES, CERTIFICATIONS, DEGREES, LICENSES, AND Payments.’’ Witnesses for the hearing Mr. BAUCUS. Mr. President, I ask REGISTRATIONS.—The Administrator, in con- will include The Honorable Michael J. unanimous consent that the following sultation with representatives of relevant Astrue, the Commissioner of the Social members of my staff be given floor professional societies, industry associations, Security Administration, and Mr. privileges during the consideration of and apprenticeship training providers, shall Gregory D. Kutz, Managing Director of the small business jobs bill: Jamie identify a course, certification, degree, li- Forensic Audits and Special Investiga- Bedwell, Drew Colling, Emily Freeman, cense, or registration to demonstrate each tions at the Government Account- core competency, and for ongoing training Chris Goble, Michael Grant, Nicole with respect to each core competency, iden- ability Office. Marchman, Lindsay Novis, and Jim The Subcommittee hearing has been tified for a category of personnel specified in Zadick. subsection (a). scheduled for Tuesday, July 27, 2010, at The PRESIDING OFFICER. Without (c) IDENTIFIED COMPETENCIES.—An indi- 9 a.m., in room 342 of the Dirksen Sen- objection, it is so ordered. vidual shall demonstrate each core com- ate Office Building. For further infor- Mr. HARKIN. Mr. President, I ask petency identified by the Administrator mation, please contact Elise Bean of unanimous consent that Gabriela under subsection (a) for the category of per- sonnel that includes such individual. An in- the Permanent Subcommittee on In- McCall Delgado, Jacob Sheahan, Conor vestigations. dividual shall demonstrate each core com- McRitchie, Tom Stanley-Becker, and petency through the means identified under f Anthony Tucci of my staff be granted subsection (b) not later than one year after AUTHORITY FOR COMMITTEES TO floor privileges for the duration of to- the date on which such core competency is MEET day’s session. identified under subsection (a) or, if the date The PRESIDING OFFICER. Without of hire of such individual occurs after the COMMITTEE ON ARMED SERVICES objection, it is so ordered. date of such identification, not later than Mr. CASEY. Mr. President, I ask one year after such date of hire. In the case unanimous consent that the Com- f of an individual hired for an employment pe- mittee on Armed Services be author- riod not to exceed one year, such individual FEDERAL BUILDINGS PERSONNEL shall demonstrate each core competency at ized to meet during the session of the TRAINING ACT OF 2010 Senate on July 20, 2010, at 9:30 a.m. the start of the employment period. (d) CONTINUING EDUCATION.—The Adminis- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- imous consent that the Senate proceed trator, in consultation with representatives objection, it is so ordered. of relevant professional societies, industry COMMITTEE ON BANKING, HOUSING, AND URBAN to the consideration of Calendar No. associations, and apprenticeship training AFFAIRS 437, S. 3250. providers, shall develop or identify com- Mr. CASEY. Mr. President, I ask The PRESIDING OFFICER. The prehensive continuing education courses to unanimous consent that the Com- clerk will report the bill by title. ensure the operation of Federal buildings in mittee on Banking, Housing, and The assistant editor of the Daily Di- accordance with industry best practices and Urban Affairs, be authorized to meet gest read as follows: standards. (e) CURRICULUM WITH RESPECT TO FACILITY during the session of the Senate on A bill (S. 3250) to provide for the training MANAGEMENT AND OPERATION OF HIGH-PER- of Federal building personnel, and for other July 20, 2010, at 10 a.m., to conduct a FORMANCE BUILDINGS.—Not later than 18 purposes. hearing entitled ‘‘Continuing Oversight months after the date of enactment of this on International Cooperation to Mod- There being no objection, the Senate Act, and annually thereafter, the Adminis- ernize Financial Regulation.’’ proceeded to consider the bill. trator, acting through the head of the Office The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- of Federal High-Performance Green Build- objection, it is so ordered. imous consent that the bill be read a ings, and the Secretary of Energy, acting through the head of the Office of Commercial COMMITTEE ON FOREIGN RELATIONS third time and passed, the motions to reconsider be laid upon the table, with High-Performance Green Buildings, in con- Mr. CASEY. Mr. President, I ask sultation with the heads of other appropriate unanimous consent that the Com- no intervening action or debate, and Federal departments and agencies and rep- mittee on Foreign Relations be author- any statements related to the bill be resentatives of relevant professional soci- ized to meet during the session of the printed in the RECORD. eties, industry associations, and apprentice- Senate on July 20, 2010, at 2:30 p.m. The PRESIDING OFFICER. Without ship training providers, shall develop a rec- The PRESIDING OFFICER. Without objection, it is so ordered. ommended curriculum relating to facility objection, it is so ordered. The bill (S. 3250) was ordered to be management and the operation of high-per- formance buildings. COMMITTEE ON THE JUDICIARY engrossed for a third reading, was read (f) APPLICABILITY OF THIS SECTION TO FUNC- Mr. CASEY. Mr. President, I ask the third time, and passed, as follows: TIONS PERFORMED UNDER CONTRACT.—Train- unanimous consent that the Com- S. 3250 ing requirements under this section shall mittee on the Judiciary be authorized Be it enacted by the Senate and House of Rep- apply to non-Federal personnel performing to meet during the session of the Sen- resentatives of the United States of America in building operations and maintenance, energy ate, on July 20, 2010, at 10 a.m., in SH– Congress assembled, management, safety, and design functions under a contract with a Federal department 216 of the Hart Senate Office Building, SECTION 1. SHORT TITLE. to conduct an executive business meet- or agency. A contractor shall provide train- This Act may be cited as the ‘‘Federal ing to, and certify the demonstration of core ing. Buildings Personnel Training Act of 2010’’. competencies for, non-Federal personnel in a The PRESIDING OFFICER. Without SEC. 2. TRAINING OF FEDERAL BUILDING PER- manner that is approved by the Adminis- objection, it is so ordered. SONNEL. trator. (a) IDENTIFICATION OF CORE COM- COMMITTEE ON RULES AND ADMINISTRATION f Mr. CASEY. Mr. President, I ask PETENCIES.—Not later than 18 months after unanimous consent that the Com- the date of enactment of this Act, and annu- COMMEMORATING THE 2010 SPE- ally thereafter, the Administrator of General mittee on Rules and Administration be CIAL OLYMPICS USA NATIONAL Services, in consultation with representa- GAMES authorized to meet during the session tives of relevant professional societies, in- of the Senate on July 20, 2010, at 2 p.m. dustry associations, and apprenticeship Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without training providers, and after providing no- imous consent that the Commerce objection, it is so ordered. tice and an opportunity for comment, shall Committee be discharged from further

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 20, 2010 CONGRESSIONAL RECORD — SENATE S6037 consideration and the Senate now pro- The assistant editor of the Daily Di- completes its business today, it ad- ceed to the consideration of S. Res. 584. gest read as follows: journ until 9:30 a.m. on Wednesday, The PRESIDING OFFICER. Without A resolution (S. Res. 588) recognizing the July 21; that following the prayer and objection, it is so ordered. economic and environmental impacts of the the pledge, the Journal of proceedings The clerk will report the resolution British Petroleum oil spill on the people of be approved to date, the morning hour by title. the Gulf Coast and their way of life and urg- be deemed expired, the time for the two The assistant editor of the Daily Di- ing British Petroleum to give all due consid- eration to offers of assistance, products, or leaders be reserved for their use later gest read as follows: services from the States directly impacted in the day, and that following any lead- A resolution (S. Res. 584) commemorating by the Deepwater Horizon oil spill. er remarks the Senate proceed to a pe- the 2010 Special Olympics USA National There being no objection, the Senate riod of morning business for 1 hour, Games. proceeded to consider the resolution. with Senators permitted to speak for There being no objection, the Senate Mr. REID. Mr. President, I ask unan- up to 10 minutes each, with the time proceeded to consider the resolution. imous consent that the resolution be equally divided and controlled between Mr. REID. Mr. President, I ask unan- agreed to, the preamble be agreed to, the two leaders or their designees, with imous consent that the resolution be the motions to reconsider be laid upon the Republicans controlling the first 30 agreed to, the preamble be agreed to, the table) with no intervening action minutes and the majority controlling and the motions to reconsider be laid or debate, and any statements related the final 30 minutes; that following upon the table. to this matter be printed in the morning business, the Senate resume The PRESIDING OFFICER. Without RECORD. consideration of the House message on objection, it is so ordered. The PRESIDING OFFICER. Without H.R. 4213; finally, I ask that the time The resolution (S. Res. 584) was objection, it is so ordered. during any recess, adjournment, and agreed to. The resolution (S. Res. 588) was morning business count postcloture. The preamble was agreed to. agreed to. Before the Chair rules, I want every- The resolution, with its preamble, The preamble was agreed to. one who is watching these proceedings reads as follows: The resolution, with its preamble, tonight to understand again what the reads as follows: S. RES. 584 Republicans are doing. We just passed Whereas the 2010 Special Olympics USA S. RES. 588 badly needed legislation to help 2.5 National Games will be held in Lincoln, Ne- Whereas on April 20, 2010, the Mobile Drill- million unemployed people. To show braska, from July 18 to July 23, 2010; ing Unit Deepwater Horizon experienced a the lack of understanding and feeling tragic explosion, resulting in the loss of 11 Whereas nearly 4,000 athletes and coaches and compassion of the Republicans, from 49 State delegations will participate in men; the Games; Whereas the explosion resulted in the sink- they are making us waste 30 hours. Whereas approximately 30,000 people, in- ing of the Mobile Drilling Unit Deepwater There are people who are desperate for cluding families and friends of the athletes, Horizon and a discharge of hydrocarbons this money—desperate—and they are and enthusiastic supporters, are expected to from the Macondo well; making us wait because that is what visit or attend the Games; Whereas since the tragic day of April 20, the rule of the Senate is. Whereas more than 8,500 volunteers will 2010, a significant amount of oil has flowed I hope the American people under- contribute time and talent to make the into the Gulf of Mexico; stand how callous this is. People are Games a success; Whereas resources such as fishing, tour- ism, shipping, and energy exploration in the desperate. They can’t make house pay- Whereas, for decades, the Special Olympics ments or car payments. They can’t pay has provided athletes with a unique oppor- Gulf of Mexico generally account for over tunity to participate in athletic competition $200,000,000,000 in economic activity each for their kids’ food, and they are hav- while developing confidence, skill, and deter- year; ing us wait for 30 hours. Cloture has mination; Whereas the release of oil has caused a been invoked. We only need a simple Whereas the 2010 Special Olympics USA Federal fishery closure since May 2, 2010, majority to pass this bill now, but they National Games continues the great tradi- which has encompassed up to 37 percent of are making us wait. I can’t articulate the Gulf of Mexico exclusive economic zone; tion begun by Eunice Shriver in 1968, and in strong enough feelings how unfair proves the belief of Ms. Shriver that through Whereas the impact on the Gulf Coast economy has amounted to over $175,000,000 in this is to 2.5 million people. sports, people with intellectual disabilities So would the Chair rule on my unani- ‘‘can realize their potential for growth’’; reported claims to date; Whereas 70 Nebraska communities are par- Whereas tourism is down significantly on mous consent request. ticipating in the Law Enforcement Torch the Gulf Coast as a result of the oil spill; The PRESIDING OFFICER. Without Run, in which law enforcement officials from Whereas the workforce in Louisiana, Mis- objection, it is so ordered. sissippi, Alabama, Florida, and Texas has the State of Nebraska and across the United f States carry the ‘‘Flame of Hope’’ through been negatively impacted as a result of the Nebraska; and oil spill; and PROGRAM Whereas the State of Nebraska, the city of Whereas Federal disaster response procure- Mr. REID. Mr. President, earlier Lincoln, and more than 100 State and local ment law recognizes a preference for local firms in the award of contracts for disaster today the Senate invoked cloture on businesses and organizations have made the legislation to extend unemploy- major contributions and opened their doors relief activities: Now, therefore, be it Resolved, That the Senate— ment insurance benefits. As a result, so that people from across the United States (1) recognizes the impact of the Deepwater debate on the measure is limited to 30 can participate in and enjoy the 2010 Special Horizon oil spill on the way of life, economy, Olympics USA National Games: Now, there- hours. We can finish this 30 hours after and natural resources of the Gulf Coast fore, be it this passes, sometime around 9 o’clock States; Resolved, That the Senate— tomorrow night. If that gives these (2) supports the continued public and pri- (1) applauds the participants and coaches people over here some feeling that 2.5 vate efforts to stop the oil spill, mitigate of the 2010 Special Olympics USA National further damage to our treasured Gulf Coast, million people deserve this, then let Games, as well as the volunteers and law en- and clean up of this environmental disaster; them do it. I hope we come in, in the forcement officers who support the Games; and morning, and get this thing done so and (3) urges British Petroleum (BP) to give all (2) thanks all the people who contributed this bill can go on to the House—the due consideration to individuals, businesses, to the Games for their generous efforts and House has to pass it—and then to the and organizations of the States directly im- gifts to make the Games a reality. President. Every hour that is delayed pacted by the Deepwater Horizon oil spill f is more misery for 2.5 million people. where practicable, as BP considers services The debate over whether it is paid for or products related to ongoing efforts in the RECOGNIZING IMPACTS OF THE is over. It is clear; all experts say this BRITISH PETROLEUM OIL SPILL Gulf of Mexico associated with this tragic oil spill. money that is spent will return to us— CBO says twofold. JOHN MCCAIN’s chief Mr. REID. Mr. President, I ask unan- f imous consent that the Senate proceed economic adviser says $1.61 will come to the consideration of S. Res. 588. ORDERS FOR WEDNESDAY, JULY back for every $1 we spend. So if they The PRESIDING OFFICER. The 21, 2010 think they are getting even—with clerk will report the resolution by Mr. REID. Mr. President, I ask unan- whom, 2.5 million people—because it title. imous consent that when the Senate passed?

VerDate Mar 15 2010 05:56 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20JY0.REC S20JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S6038 CONGRESSIONAL RECORD — SENATE July 20, 2010 So I hope we reach an agreement to going to have people come during this ADJOURNMENT yield back some of the postcloture 30 hours and show how ridiculous it is time so we can complete action on this that we are having to wait for 30 hours. Mr. REID. Mr. President, if there is bill at a reasonable time tomorrow. No amendments can be offered. Noth- no further business to come before the Upon disposition of unemployment ing can be done during that 30 hours Senate, I ask unanimous consent that insurance legislation, the Senate will except speeches. So I alert my friends: the Senate adjourn under the previous resume consideration of the small busi- Come and explain to the American peo- order. ness jobs bill, which is also a job-cre- ple how this 30 hours has helped the ating bill we would like to get to. There being no objection, the Senate, I want everyone to understand. The American people. at 6:57 p.m., adjourned until Wednes- Republicans better be ready tomorrow There will be rollcall votes possibly day, July 21, 2010, at 9:30 a.m. to defend their position because we are throughout the day tomorrow.

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