Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION

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

Vol. 156 WASHINGTON, THURSDAY, JULY 29, 2010 No. 113 House of Representatives The House met at 10 a.m. and was THE JOURNAL tor at the Pentecostals of South Lake called to order by the Speaker pro tem- The SPEAKER pro tempore. The Church in Merrillville, Indiana, where pore (Ms. LORETTA SANCHEZ of Cali- Chair has examined the Journal of the he has effectively ministered to the fornia). last day’s proceedings and announces congregation for the past 20 years, enriching all those who pass through the f to the House her approval thereof. Pursuant to clause 1, rule I, the Jour- doors. Reverend Scott has also dedi- DESIGNATION OF THE SPEAKER nal stands approved. cated himself to the Merrillville Clergy Association, where he has served as PRO TEMPORE f president for the past 3 years. The SPEAKER pro tempore laid be- PLEDGE OF ALLEGIANCE Reverend Scott is joined here today fore the House the following commu- The SPEAKER pro tempore. Will the with his wife, Connie, and his daughter, nication from the Speaker: gentlewoman from Florida (Ms. ROS- Lydia. WASHINGTON, DC, LEHTINEN) come forward and lead the It is my honor to welcome a man who July 29, 2010. House in the Pledge of Allegiance. encompasses so many of the wonderful I hereby appoint the Honorable LORETTA qualities and experiences of the people SANCHEZ to act as Speaker pro tempore on Ms. ROS-LEHTINEN led the Pledge this day. of Allegiance as follows: of northwest Indiana, and I would like NANCY PELOSI, I pledge allegiance to the Flag of the to personally thank Reverend Scott for Speaker of the House of Representatives. United States of America, and to the Repub- offering this morning’s prayer. lic for which it stands, one nation under God, f f indivisible, with liberty and justice for all. ANNOUNCEMENT BY THE SPEAKER PRAYER f PRO TEMPORE Reverend Bruce R. Scott, Pentecos- WELCOMING REVEREND BRUCE R. The SPEAKER pro tempore. The tals of South Lake, Merrillville, Indi- SCOTT Chair will now entertain up to 10 fur- ana, offered the following prayer: The SPEAKER pro tempore. Without ther requests for 1-minute speeches on Loving Lord, Creator of everything, objection, the gentleman from Indiana, each side of the aisle. thank You for allowing us to come into Congressman VISCLOSKY, is recognized f Your presence. It is written in Your for 1 minute. Word, if we would acknowledge You in There was no objection. ONE-YEAR ANNIVERSARY OF all our ways, You will direct our steps. Mr. VISCLOSKY. It is my honor to AMERICAN HIKERS BEING DE- Thank You for the House of Represent- welcome to the Chamber Reverend TAINED IN IRAN atives. I ask You to direct their steps Randy Scott, who led us in the opening (Ms. SCHWARTZ asked and was today. Grant to them wisdom and un- prayer. given permission to address the House derstanding. Let them make right deci- Reverend Scott has dedicated his life for 1 minute and to revise and extend sions based on biblical principles. to the service of his community and her remarks.) Lord, just as You paid a price for our fellow citizens in northwest Indiana. Ms. SCHWARTZ. This week marks salvation on Calvary, there is a price Before joining the church, Randy spent the 1-year anniversary of three Amer- being paid today for this great Nation 37 years of his life as a member of the ican hikers being detained in Iran. and our freedom. I ask You to be with International Brotherhood of Boiler- Joshua Fattal, Shane Bauer, and Sarah our military personnel all over this makers, Local 374, in Hammond, Indi- Shourd were visiting a mountainous re- world. Protect those in harm’s way. Be ana. gion in northern Iraq and innocently with the family members at home; After his retirement, Reverend Scott strayed across the unmarked frontier strengthen and encourage every spouse was touched by the Holy Spirit and re- into Iran. The Iranian Government and child as they wait for the return of alized that his life was destined for a locked them up, accusing them of espi- their loved one. higher purpose. He put his life in the onage—a baseless accusation. Bless our President and all the Mem- hands of the Lord, who directed him to Last fall, Senator ARLEN SPECTER bers of Congress with wisdom and pro- become a shepherd of His flock. Twen- and I championed a resolution calling tection today. Surround our Nation ty-four years ago, Reverend Scott on Iran to release the hikers. I have with Your presence. began ministering with the United met with all three mothers and stayed This I ask in the name above every Pentecostal Church International. Rev- in touch with Josh’s mother, Laura, name, in Jesus’ name. Amen. erend Scott became the assistant pas- who lives in Montgomery County,

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

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VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6286 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Pennsylvania. This Saturday the fami- structure projects, like the Intertie There are tens of thousands of John lies of the hikers will gather at the that we will have groundbreaking next Sferazos in this country: 13,000 who are Liberty Bell in Philadelphia to hold month. ill; 53,000 whose health is being mon- vigil for Josh, Shane, and Sarah. Our efforts have produced more than itored; 71,000 who were exposed to poi- I am deeply taken by the steadfast four times the amount of water we re- sonous toxins. This bill ensures a net- determination and spirit of the fami- ceived last year, but our fight for work of health care providers and mon- lies as they advocate for their chil- water, for valley jobs, and for our econ- itoring. dren’s health, safety, and release. The omy is far from over. Unemployment is Now some are saying, let’s wait, let’s hikers have been detained far too long, still unacceptable. This administration debate more let’s slow down. When the and Iran should demonstrate compas- and Congress must continue to step up towers fell, John Sferazo did not say sion and release them back to their its support for the San Joaquin Valley, let’s wait, let’s debate, let’s slow down. families here in the United States. as farmers and farm communities need The responders put aside their lives I ask my colleagues to join me in ac- a sustainable water supply to grow the and health for us, and we should put knowledging and sympathizing with country’s fresh fruits and vegetables, aside our politics for them. these three young Americans and their our Nation’s food supply. We are bringing this bill to the floor families and calling on the Govern- That is why it is more important under the same expedited consider- ment of Iran to release them now. than ever in the next water year for ation that we use to name post offices. Certainly John Sferazo and tens of f Federal and State agency leaders to use every tool in their water toolbox to thousands of 9/11 responders are worth HONORING CESAR ALVAREZ, RE- ensure that water flows. That means at least as much expeditious consider- CIPIENT OF THE NATIONAL SCO- we must work together with our local ation as we use to name post offices. PUS AWARD water agencies. f (Ms. ROS-LEHTINEN asked and was f MEDIA SHOULD GIVE FACTS ON given permission to address the House IMMIGRATION LAW for 1 minute and to revise and extend b 1010 her remarks.) (Mr. SMITH of Texas asked and was WHAT WE HAVE LEARNED IN 2065 given permission to address the House Ms. ROS-LEHTINEN. Madam Speak- YEARS? er, I rise today to honor Cesar Alvarez, for 1 minute and to revise and extend a world-class lawyer and a pillar of our (Mr. POE of Texas asked and was his remarks.) Mr. SMITH of Texas. Madam Speak- south Florida community. given permission to address the House er, yesterday a Federal judge sided This fall, the American Friends of for 1 minute.) with the Obama administration against The Hebrew University is bestowing Mr. POE of Texas. Madam Speaker, Arizona’s immigration enforcement upon Cesar its highest honor, the Na- everybody outside of Washington, DC, understands government spending is law. tional Scopus Award. Named for the The ruling will be seen by Arizonans mountain upon which the university is out of control. For those inside the Beltway who and the vast majority of Americans built, the Scopus Award honors those who support the law as just another ex- who are true humanitarians. don’t get it, the Congressional Budget Office put out a report that explains it ample of this administration’s failure Cesar has always shown impeccable to deal with illegal immigration and leadership in both his professional and loud and clear. The report says, ‘‘Defi- cits will cause debt to rise to border security. charitable endeavors, and his reputa- Like the administration, the na- unsupportable levels.’’ tion for excellence is widely known. tional media has shown a clear bias That’s right, unsupportable levels. Through his law firm and so many against the Arizona law. Network Every family struggling right now that charitable organizations, Cesar has had evening news coverage has been slanted tries to make ends meet understands a significant and positive impact upon against the Arizona law by a margin of that you can’t spend more than you south Florida. For many years, Cesar 10–1, according to an analysis by the make. has worked to forge alliances between Media Research Center. Only one in six In 55 B.C. the Roman statesman and our local Jewish and Cuban American stories mentioned public opinion polls philosopher Cicero supposedly warned communities. So it’s particularly befit- showing that Americans support the Rome before it crashed and burned: ting that these two communities have law. come together to honor him. ‘‘The budget should be balanced, the The national media should give Cesar, congratulations on this most Treasury should be refilled, public debt Americans the facts about Arizona’s recent of many recognitions. Your hard should be reduced, and the arrogance of immigration enforcement law, not pro- work and leadership are truly worth officialdom should be tempered and vide cover for the administration’s fail- honoring and emulating. controlled, and the assistance to for- ure to secure the border. f eign lands should be curtailed, lest Rome become bankrupt. People must f WATER SUPPLY CHALLENGES IN again learn to work, instead of living 9/11 HEALTH AND COMPENSATION THE SAN JOAQUIN VALLEY on public assistance.’’ (Mr. BISHOP of New York asked and (Mr. COSTA asked and was given per- So what have we learned in 2065 years was given permission to address the mission to address the House for 1 since Cicero first said these words? Ap- House for 1 minute.) minute and to revise and extend his re- parently government-gone-wild big Mr. BISHOP of New York. Madam marks.) spenders haven’t learned a thing. Speaker, I rise in strong support for Mr. COSTA. Madam Speaker, as we And that’s just the way it is. the 9/11 Health and Compensation Act, return to our districts with the August f which we will be considering later this recess, I want to call attention to the morning. Consideration of this legisla- ongoing water supply challenges facing 9/11 HEALTH AND COMPENSATION tion is long overdue. Thousands of the San Joaquin Valley that I rep- (Mr. ISRAEL asked and was given brave Americans are suffering from de- resent. permission to address the House for 1 bilitating illnesses after being exposed This year, we pushed the administra- minute and to revise and extend his re- to harmful toxins released by the de- tion to use all the flexibility and power marks.) bris of the World Trade Center. within the law to increase pumping to Mr. ISRAEL. Madam Speaker, today The bill before us provides necessary move water to our valley. We pushed to we consider the 9/11 Health and Com- medical monitoring and treatment to find additional water supplies that pensation Act. World Trade Center first responders, were not previously available at con- In my district, John Sferazo is count- and those who worked or lived in down- tract rates, and we were able to in- ing on us to pass this bill. John was at town Manhattan on September 11. It crease the water allocation for farmers Ground Zero clearing rubble and re- also reopens the 9/11 Victim Compensa- in our valley significantly. We also moving debris. Today his breathing is tion Fund to compensate those af- pushed to bring critical water infra- labored and his health is precarious. fected.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6287 This legislation will help thousands But, more important, Madam Speak- Why is it that when it comes to com- of New Yorkers, courageous fire- er, is the notion of control for these pa- pensation on Wall Street, too much is fighters, police officers, EMTs and tients. The people who have sub- never enough? Today, my colleagues clean-up workers, as well as the thou- stantive discussions with their doctor are calling on these banks to put pay- sands of selfless individuals who rushed about end-of-life preferences were more ing back the taxpayer ahead of paying from every State to lend a hand in the likely to die at peace and in control of off their executives. rescue recovery and cleanup efforts at their situation and to spare their fami- f Ground Zero. lies anguish. Many of them are my constituents, This is exactly why I have introduced b 1020 like John Feal, who founded the Personalize Your Care Act, H.R. 5795, FealGoodFoundation, which has to make sure that patients’ wishes are OPPOSE THE CLEAR ACT achieved so much since September 11 observed, that the government helps (Mr. HASTINGS of Washington asked to raise awareness and help those who promote that conversation, and that and was given permission to address answered the Nation’s call upon learn- we allow people to live their lives the the House for 1 minute and to revise ing of the attacks on lower Manhattan. way they want to. and extend his remarks.) It is imperative that we affirm our f Mr. HASTINGS of Washington. commitment to first responders and KEEP AVONDALE SHIPYARD OPEN Madam Speaker, instead of directly ad- survivors by ensuring they have access dressing the gulf oil spill tragedy, Con- to treatment and care. We should pass (Mr. ALEXANDER asked and was gress is voting this week on legislation, this bill as a solemn measure of our in- given permission to address the House the CLEAR Act, that is stuffed full of debtedness and to honor these most de- for 1 minute.) unrelated items, legislation that will serving patriots who sacrificed their Mr. ALEXANDER. Madam Speaker, kill American jobs and raise energy health and safety for their fellow Northrop Grumman recently an- prices. Americans. nounced that they would consolidate Simply put, Democrats are using the I urge my colleagues to support this and close Avondale Shipyard by 2013. In oil spill as an excuse to raise taxes and critical legislation. the midst of economic downturn, the increase spending. The bill imposes a f gulf oil spill, the drilling moratorium, new $22 billion energy tax and has over layoffs from the NASA shuttle pro- MEDMAL ACT OF 2010 $30 billion of new unrelated mandatory gram, the decision to close Avondale spending. What the Democrats are (Mr. FLEMING asked and was given will very well have a devastating effect doing, Madam Speaker, is rushing permission to address the House for 1 on the State of Louisiana. ahead of the facts and writing laws be- minute.) We must find a solution to help those fore investigations into the spill are Mr. FLEMING. Madam Speaker, last 5,000 employees that would be affected. finished. month, along with fellow physician Article I, section 9 of the Constitution Reforms are needed to make Amer- Congressman PHIL GINGREY of Georgia, states that ‘‘no preference shall be ican offshore drilling the safest in the I introduced the MedMal Act of 2010, given by any regulation of commerce world, but that doesn’t require tax in- legislation aimed at enacting a mean- or revenue to the ports of one State creases or billions of dollars of unre- ingful medical liability reform. over those of another.’’ lated spending and inflicting greater Unlike ObamaCare, this legislation If Avondale were making cruise economic pain and lost jobs on Ameri- will increase access and lower health ships, then this wouldn’t be a Federal cans. care costs for patients, physicians and jurisdiction. However, as Northrop I urge my colleagues to oppose the our government by reducing needless Grumman Shipbuilding has built over CLEAR Act. costs incurred because of defensive 70 percent of the Navy’s fleet, I believe medicine. Furthermore, this reform this is the time to exercise some inter- f will strengthen the doctor-patient rela- vention into this consolidation process. HAMOT MEDICAL CENTER tionship by encouraging collaboration We must assist the State in finding al- between parties when a medical inci- ternative issues for Avondale Shipyard (Mrs. DAHLKEMPER asked and was dent occurs. in Louisiana. given permission to address the House Repealing ObamaCare and replacing f for 1 minute and to revise and extend it with patient-centered reforms con- her remarks.) tinues to be our primary goal, a goal STAND UP TO WALL STREET Mrs. DAHLKEMPER. Madam Speak- that our constituents sent us here to (Mr. WELCH asked and was given er, I rise today to applaud the exem- achieve. permission to address the House for 1 plary health care institution in my dis- Thus we remain committed to pass- minute and to revise and extend his re- trict, Hamot Medical Center in Erie, ing comprehensive medical liability remarks.) Pennsylvania. form as part of the solution. With a Mr. WELCH. Madam Speaker, today, For more than 125 years, western savings of at least $200 billion annually 40 of my colleagues are joining me to Pennsylvanians have taken advantage in defensive medicine costs, there is no call on the Wall Street banks that are of the excellent quality of care at reason not to act immediately. continuing to totally disrespect the Hamot Medical Center. This week, f American taxpayer to do the right Hamot Medical Center is being recog- thing. nized yet again for their high standards WHAT MEDICINE SHOULD DO In a report issued last week, com- of quality and excellent patient care. WHEN IT CAN’T SAVE YOU pensation master Kenneth Feinberg U.S. News & World Report announced (Mr. BLUMENAUER asked and was identified 17 banks which paid out that Hamot Medical Center has been given permission to address the House questionable bonuses, questionable in ranked among the top medical facili- for 1 minute.) the sense that it was multimillion dol- ties in the Nation in the specialty of Mr. BLUMENAUER. Madam Speaker, lar payments for no good valuable pulmonary medicine, which treats dis- the current article of the New Yorker work. These are banks that did this eases of the lungs and respiratory magazine has a thoughtful article from after accepting taxpayer assistance. To tract. U.S. News & World Report’s Best Atul Gawande, ‘‘What medicine should make matters worse, six of those 17 Hospitals 2010–11 includes rankings of do when it can’t save your life.’’ It fo- firms have yet to pay back the tax- 152 medical centers nationwide on cuses on those critical areas of end of payer money that was the lifeline to tough standards of care and the num- life. It deals with fascinating studies keep them going. ber of patients served, among other that show people who deal, who are in When the American public threw the factors. hospice care, rather than the most ag- lifeline, it was not for those banks and I want to congratulate Hamot Med- gressive medical interventions, actu- the benefit of the bankers. It was to ical Center for its commitment to its ally, in many cases, live as long or in stabilize the financial system and re- patients and to our community. Hamot some cases even longer. vive Main Street. is truly an asset to my district.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6288 CONGRESSIONAL RECORD — HOUSE July 29, 2010 FEAR IS IN THE AIR FOR Ms. FOXX. Madam Speaker, $6.1 tril- MISSED OPPORTUNITIES AND DEMOCRATS lion, that’s how much money the Fed- MISPLACED PRIORITIES (Mr. PENCE asked and was given per- eral Government has spent in just the (Mr. FLAKE asked and was given mission to address the House for 1 first 18 months of the Obama Presi- permission to address the House for 1 minute and to revise and extend his re- dency. Washington is spending $7 mil- minute.) marks.) lion every minute of every hour of Mr. FLAKE. Madam Speaker, I want Mr. PENCE. Thomas Jefferson said, every day. There is only one way to to say just a few words about missed ‘‘When the people fear their govern- feed that kind of destructive habit: opportunities and misplaced priorities. ment, there is tyranny; when the gov- Washington needs more of your tax This is typically appropriation sea- ernment fears the people, there is lib- dollars. son, but this is only our second appro- erty.’’ Make no mistake about it, there And that’s exactly what Democrats priation bill—and maybe final appro- is fear in the air. here on Capitol Hill and in the White priation bill that we do all year. We Now elitists in Washington, DC, House are talking about, the largest typically have an open rule where any would have us believe that the rising tax increase in American history. And Member can bring any amendment to voice of the American people is based it’s no surprise when this Democrat- the floor as long as it is germane to on fear, but it is becoming evident that controlled Congress is on the verge of a strike spending and save money for the the real fear is coming from Demo- second straight year of creating a taxpayers, yet this year the Rules cratic elitists here in Washington who record annual deficit. Committee only saw fit to allow 22 per- realize that the people will not be si- cent of the amendments offered to go Instead of working with Republicans lenced. onto the floor today. Yesterday we learned of a new effort to make the hard choices to cut spend- Typically, any Member can offer any by Democrats in Washington to attack ing, Democrats are going to keep right amendment they would like to as long American citizens who speak their on with out-of-control spending, and as it saves money. But instead of sav- mind and peaceably assemble as ‘‘ex- they will send the American people the ing money this year, we decided to tremists’’ or ‘‘radicals.’’ Demeaning bill. At a time when American families spend time doing things like H.R. 1460, Tea Party citizens or other Americans are struggling and when nearly 15 mil- recognizing the important role of polli- for simply saying no to runaway spend- lion people are looking for work, Wash- nators, or supporting the goals and ing, takeovers, and bailouts is beneath ington Democrats are poised to hit ideals of Railroad Retirement Day, or the dignity of a great political party every single taxpayer with a tax in- congratulating the Saratoga race and it smacks of desperation. The crease to pay for their reckless spend- course. These are suspension bills that voices of the American people—wheth- ing. take 10 minutes to debate on the floor; er the left or the right or the middle— Madam Speaker, House Republicans that’s the same amount of time that should never be muted or demeaned by will fight those tax increases and will we give for amendments. And so in- the leaders who serve them. And when work to stop Democrats’ out-of-control stead of doing amendments to save we see baseless smears of good Ameri- spending. money, we’re actually honoring race- cans whose only offense is the exercise horses and things like that. of their First Amendment rights of free f speech and free assembly, we should f see the fear for what it is—the fear of TAX EXTENDERS BILL FORT EDWARD FIRE losing an election. (Mr. NEAL asked and was given per- f (Mr. MURPHY of New York asked mission to address the House for 1 MOURNING THE LOSS OF FORMER and was given permission to address minute and to revise and extend his re- NBA STAR LORENZEN WRIGHT the House for 1 minute and to revise marks.) and extend his remarks.) (Mr. COHEN asked and was given per- Mr. NEAL. Madam Speaker, in De- mission to address the House for 1 Mr. MURPHY of New York. Madam cember, and again in May, this House minute and to revise and extend his re- Speaker, there are times when words passed legislation to extend a set of ex- marks.) fall abysmally short to describe the piring tax provisions providing billions Mr. COHEN. Madam Speaker, yester- horrors that punctuate our lives. A few of dollars in tax relief to millions of day in Memphis, Tennessee, a tragedy weeks ago, our community was shaken American families. That tax bill passed was discovered that has affected our by the devastating loss of six children the House and has been stymied in the city and its professional sports world, a in a house fire. As a father of three, a other body, where only two Republican great basketball player and Memphian, loss of this magnitude is beyond my Senators have stood up to their party’s Lorenzen Wright, was found murdered. comprehension. filibuster against these tax cuts. The Lorenzen Wright was a 14-year NBA $250 deduction for teachers is an impor- Fort Edward has come together to re- tant incentive for people who educate star who played 5 years with the Mem- member and mourn the loss of these phis Grizzlies, and before that, 2 years our children and buy classroom sup- young lives. After the fire, a makeshift plies out of their own pockets, but it with the University of Memphis, tak- memorial grew up on the sidewalk in ing our team to the Great Eight in has expired. Let me tell you who’s suf- front of their home with a sea of flow- fering in the meantime: 124,000 teach- Kansas City, and before that, in high ers, toys, teddy bears, candles, and school at Booker T. Washington. ers in Georgia cannot deduct $31 mil- cards. Our community has grieved the lion in classroom supplies for our chil- Lorenzen Wright was a family man. loss of these children and come to- He was loved in Memphis, he was an dren; 26,000 teachers in Nevada cannot gether in prayer and silence to offer deduct $6.6 million in expenses; 113,000 outstanding citizen who cared about support to their family and friends. young people, he loved his children, teachers in North Carolina cannot de- and the city grieves for him today. It is always a tragedy when children duct $28 million of classroom costs; and It is a great loss to our city and to are taken before they’ve had a chance 314,000 teachers in Texas cannot deduct the basketball world. I miss Lorenzen to grow, and it leaves us wondering, $81 million in expenses to educate our Wright as a friend. I appreciate all he why did this happen? Hope was 12, children. More than 3.5 million elemen- did for my city. Paige was 8, Lewis was 7, Mackenzie tary and secondary teachers cannot de- f was 6, Emilie was 3, and Abbigayle was duct more than $908 million they will just 1 years old. Our hearts go out to spend this year out of pocket. DEMOCRATS NEED MORE OF YOUR their parents, and today I rise to re- A better educated child means a bet- TAX DOLLARS member the six children who lost their ter job down the road. This tax deduc- (Ms. FOXX asked and was given per- lives on that tragic night. Our entire tion benefiting our Nation’s teachers mission to address the House for 1 community grieves their loss and keeps has been forgotten and cast aside by minute and to revise and extend her re- the memory of their lives close to our the Senate Republicans. I urge my col- marks.) heart. leagues on the other side of the aisle to

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6289 contact their Senators and tell them SEC. 2. After disposition of the amend- We have to remember that every bill that the Tax Extenders bill means jobs. ments specified in the first section of the we consider this year, every appropria- resolution, the chair and ranking minority f tion bill—and unfortunately, probably, member of the Committee on Appropriations we are only going to consider two until MESSAGE FROM THE SENATE or their designees each may offer one pro forma amendment to the bill for the purpose after the election. Of the ones we con- A message from the Senate by Ms. of debate, which shall be controlled by the sider, 42 cents of every dollar we spend Curtis, one of its clerks, announced proponent. we are borrowing. We are borrowing 42 that the Senate agrees to the amend- SEC. 3. The Chair may entertain a motion cents of every dollar we are spending ment of the House to the bill (S. 1749) that the Committee rise only if offered by for whatever we spend it on. ‘‘An Act to amend title 18, United the chair of the Committee on Appropria- Now, I think it is perfectly right and States Code, to prohibit the possession tions or his designee. The Chair may not en- proper to ask: Is this right to spend, for or use of cell phones and similar wire- tertain a motion to strike out the enacting example, money on, well, in this case, less devices by Federal prisoners.’’. words of the bill (as described in clause 9 of rule XVIII). 461 earmarks in this piece of legislation f POINT OF ORDER alone? Some of them are for bike paths and street beautification. These are all b 1030 Mr. FLAKE. Madam Speaker, I raise a point of order against H. Res. 1569 be- good things, but they have no Federal PROVIDING FOR CONSIDERATION cause the resolution violates section nexus. They shouldn’t be paid for by OF H.R. 5850, TRANSPORTATION, 426(a) of the Congressional Budget Act. the Federal taxpayer. Yet, when we try HOUSING AND URBAN DEVELOP- The resolution contains a waiver of all to bring these amendments to the floor MENT, AND RELATED AGENCIES points of order against consideration of to debate them, only a few are allowed. APPROPRIATIONS ACT, 2011 the bill, which includes a waiver of sec- Why is that? I would ask if the gentleman rep- Mr. ARCURI. Madam Speaker, by dition 425 of the Congressional Budget resenting the Rules Committee can ex- rection of the Committee on Rules, I Act, which causes the violation of sec- plain why this is happening, why in the call up House Resolution 1569 and ask tion 426(a). for its immediate consideration. The SPEAKER pro tempore. The gen- world we are so hard-pressed for time The Clerk read the resolution, as fol- tleman from Arizona makes a point of now, apparently, that we can only con- lows: order that the resolution violates sec- sider a couple of amendments, 22 per- H. RES. 1569 tion 426(a) of the Congressional Budget cent of those that were offered. I reserve the balance of my time. Resolved, That at any time after the adop- Act of 1974. Mr. ARCURI. I yield myself such tion of this resolution the Speaker may, pur- The gentleman has met the threshold time as I may consume. suant to clause 2(b) of rule XVIII, declare the burden under the rule, and the gen- Madam Speaker, it is clear that this House resolved into the Committee of the tleman from Arizona and the gen- Whole House on the state of the Union for point of order has nothing to do with consideration of the bill (H.R. 5850) making tleman from New York each will con- unfunded mandates. Technically, this appropriations for the Departments of Trans- trol 10 minutes of debate on the ques- point of order is about whether or not portation, and Housing and Urban Develop- tion of consideration. After that de- to consider this rule and, ultimately, ment, and related agencies for the fiscal year bate, the Chair will put the question of the underlying bill. In reality, it is ending September 30, 2011, and for other pur- consideration as the statutory means poses. The first reading of the bill shall be about preventing the bill from moving of disposing of the point of order. forward without any opportunity for dispensed with. All points of order against The Chair recognizes the gentleman debate and without any opportunity consideration of the bill are waived except from Arizona. for an up-or-down vote on the legisla- those arising under clause 9 or 10 of rule XXI. Mr. FLAKE. Madam Speaker, I raise General debate shall be confined to the bill tion, itself. It is about slamming the this point of order today not to debate and shall not exceed one hour equally di- door on the legislative process. a point of unfunded mandates, al- vided and controlled by the chair and rank- I think that is wrong, and I hope my though there are probably some in the ing minority member of the Committee on colleagues will vote ‘‘yes’’ so that we legislation. It is simply the only oppor- Appropriations. After general debate the bill can consider this important legislation shall be considered for amendment under the tunity that members of the minority on its merits and not stop it on a pro- five-minute rule. The bill shall be considered have to stand up and talk about this cedural motion. Let’s stop wasting as read through page 171, line 17. Points of process. We are only given a minimal time on parliamentary roadblocks and order against provisions in the bill for fail- amount of time on the rule, itself, and, ure to comply with clause 2 of rule XXI are get to the debate on this legislation, on the bill, just an hour of debate and waived. Notwithstanding clause 11 of rule itself. It is a very important piece of then amendment debate. Unfortu- XVIII, except as provided in section 2, no legislation that has critical funding nately, although we have had an open amendment shall be in order except: (1) the pieces in there for transportation and process in terms of amendments on ap- amendments printed in part A of the report for housing. Those who oppose the bill of the Committee on Rules accompanying propriation bills for as long as any of can vote against it on final passage, this resolution; and (2) not to exceed four of us can remember—for decades and dec- but we must consider this rule, and we the amendments printed in part B of the re- ades and decades—for the last couple of must pass the bill today. port of the Committee on Rules if offered by years, we have had structured rules Representative Flake of Arizona or his des- I reserve the balance of my time. ignee. Each such amendment may be offered come to the floor where members of Mr. FLAKE. I thank the gentleman. only in the order printed in the report, may the minority and the majority aren’t Madam Speaker, slamming the door be offered only by a Member designated in allowed to offer the amendments that on the legislative process. My taking 10 the report, shall be considered as read, shall they would like. minutes to talk about this rule is slam- be debatable for 10 minutes equally divided Traditionally, Members could offer ming the door on the legislative proc- and controlled by the proponent and an op- any amendment as long as it was ger- ess. ponent, and shall not be subject to a demand mane and as long as it struck spending How is that? for division of the question. All points of from the legislation and it was legis- What I am here to talk about is how order against such amendments are waived lated on an appropriation bill. Yet this except those arising under clause 9 or 10 of the door has been slammed on the leg- rule XXI. At the conclusion of consideration year and last year, for the first time, islative process. The inability of Mem- of the bill for amendment the Committee Members can’t bring amendments to bers to come and offer amendments to shall rise and report the bill to the House the floor. They have to submit them to appropriation bills to try and save with such amendments as may have been the Rules Committee. Then the Rules money is what is slamming the door on adopted. In case of sundry amendments re- Committee decides which ones they the legislative process. It has nothing ported from the Committee, the question of want to allow on the floor and which to do with somebody’s standing up and their adoption shall be put to the House en ones they don’t or they will decide, Oh, claiming time to speak against the gros and without division of the question. you’ve offered 12 amendments, but you The previous question shall be considered as rule. ordered on the bill and amendments thereto can only offer four. This limits the So that is just baffling to me and to to final passage without intervening motion ability of the minority, in particular, anybody out there, listening, when except one motion to recommit with or with- to actually stand up and try to save they learn that I offered 11 amend- out instructions. money in the legislation. ments. There were 461 earmarks which

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6290 CONGRESSIONAL RECORD — HOUSE July 29, 2010 were costing nearly $330 million. I streetscape project that we’re bor- We spent 40 minutes supporting the should note, this year, Republicans rowing 42 cents from your kids and goals and ideals of Railroad Retire- have taken a moratorium. So, of those grandkids to pay for, just so I can go ment Day. 461 earmarks, only six were sponsored home to my constituents and say, hey, We spent 40 minutes supporting the by Republican Members—six out of 431. I bring home the bacon. goals of National Dairy Month. Those I commend my Republican colleagues Or the restoration and improvements might be good things, but we don’t for the position that has been taken to the historic Darwin Martin House need to spend 40 minutes debating on this year. Home and Complex. Now, it might be the floor the goals and ideals of Na- Let me just read a list of the ones good. Why is the taxpayer paying, tional Dairy Day, or supporting the that I will be challenging today: through the Federal Government, and goals and ideals of American Craft Beer I was allowed to choose four out of borrowing 42 cents on every dollar to week, or congratulating the Chicago the 11 I submitted. Now, I could have do that? Blackhawks, spending 40 minutes submitted a lot more and could have Or the construction of a children’s there, when every 40 minutes you spend tried to have been dilatory about this, playground. It might be a good play- apparently is 10 minutes, or 10 times 4, but I said, I’ll offer just as many as I ground, the children might need it that we don’t do amendments here on would if that were the number that I somewhere, but it’s not the Federal appropriation bills. could actually offer coming to the Government’s responsibility. And go So the notion that we’re running out floor. But I was only allowed four. home to your constituents, I dare you of time, somehow, and we don’t have today, anybody who votes to strike my time to do appropriation bills, typi- b 1040 amendment or votes my amendment cally, the months of June and July are I should mention many of my Repub- down to strike that funding, go home reserved mostly to do appropriation lican colleagues who offered earmark and explain why in the world we need bills. This is only the second appropria- amendments were not given any, not construction of a children’s playground tions bill we’ve done. We’ve done the any. Some of them had a great case to and borrow, those kids who are going last one yesterday. We’re going to start make here. They would have asked, for to be playing on it, borrow their money and finish this one today. example, why it is that certain Mem- because we can’t pay for it now. But In years past, we’ve taken sometimes bers requested, say, $4 million for an it’s so important for us to go home and 3 or 4 days to do one appropriation bill. earmark and got more than that, actu- say I brought home the bacon that That’s perhaps as it should be because ally, given to them. we’re going to approve that earmark. this is important. We’re spending a lot Why is it, if you take the position Let me tell you another reason why of money here. That’s what Congress that some Members take, that, hey, I we can’t reform this process very eas- does. But we ought to take care, and know my district better than anybody ily. This chart will show you the appro- we ought to allow Members who have else, better than those faceless bureau- priations process this year. And it amendments to try to save the tax- crats we always hear about in the bu- looks, people have said, like a PAC- payer money to actually offer them. reaucracy, so I need $4 million for this MAN chart. But the red there is the Madam Speaker, I yield back the bal- bike path or whatever, and you get $5 percentage of earmark dollars that are ance of my time. associated with powerful Members of million, how is that? That’s a good ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Congress. Those are either appropri- question to ask. It would have been The SPEAKER pro tempore. The ators, or those who chair committees, nice to get the answer for that, but we Chair will remind all Members that re- won’t be able to because those Mem- or those who are in leadership positions. That makes up about 13 percent marks should be directed to the Chair bers were denied the ability to come and not to the television audience. down and offer their amendments. of the body. In this bill today, and this is one of Mr. ARCURI. Madam Speaker, it’s I’ll be offering amendments to strike clear that this point of order has noth- funding, for example, for the Black- the lower ones, 42 percent of the earmark dollars are going to just 13 per- ing to do with unfunded mandates. My stone River Bikeway in Rhode Island. friend from Arizona talks about the in- It might be a good bikeway. They cent of the Members of this body. Now, for those who say, hey, we’re ability to make any amendments, and might need it there. But I can tell you, here to earmark because we know our yet he talked about four amendments the Federal Government doesn’t need constituents better. We know our dis- that he would be offering today. So, to pay for it. The Federal taxpayer trict better than those faceless bureau- clearly, he will have an opportunity to doesn’t need to pay for it, especially crats, apparently you only know your make his points. when we’re spending 42 cents of every district if you’re a powerful Member or Again, I would just say that this dollar—we’re borrowing, I’m sorry, 42 you’re a member of the Appropriations point of order has nothing whatsoever cents for every dollar we spend. Committee. That seems to be the de- to do with unfunded mandates. And I I would challenge any Member who terminer of whether or not you know want to urge my colleagues to vote will vote against my amendment to your district. And I just don’t think ‘‘yes’’ on the motion to consider so strike funding from the Blackstone that’s right. that we can debate and pass this im- River Bikeway in Rhode Island to go I said earlier in a 1-minute some- portant piece of legislation today. home and say, with a straight face to thing, and I was wrong and I want to I yield back the balance of my time. their constituents, yes, I think it’s confess that. I said that it takes 10 The SPEAKER pro tempore. The proper that we borrow 42 cents from ei- minutes to debate a suspension bill. point of order will be disposed of by the ther the Chinese or from your kids or And in that same 10 minutes of debat- question of consideration. grandkids because we can’t pay for it ing a suspension bill we could debate The question is, Will the House now now, for the Federal Government to an amendment, an amendment takes 10 consider the resolution? pay for a bikeway in Rhode Island. minutes. The question of consideration was de- Or for downtown Tacoma I was wrong. It takes 40 minutes; 40 cided in the affirmative. streetscapes, a downtown Tacoma minutes are allotted to debate suspen- The SPEAKER pro tempore. The gen- streetscape improvement project in sion bills. So we could actually debate tleman from New York is recognized Washington. Why in the world should, four amendments for the time that it for 1 hour. in this case, a powerful member of the takes to debate one suspension bill. Mr. ARCURI. Madam Speaker, for Appropriations Committee be able to And let me remind those who are purposes of debate only, I yield the cus- get an earmark to pay for downtown watching what a suspension bill is. It’s tomary 30 minutes to the gentleman Tacoma streetscapes? a bill that doesn’t go through the reg- from Florida (Mr. LINCOLN DIAZ- Again, we’re borrowing 42 cents for ular process. It’s brought to the floor BALART). All time yielded during con- every dollar we spend there. Go home because it’s typically noncontroversial. sideration of the rule is for debate to your constituents, I dare you, and This year we’ve done a lot of suspen- only. say, yes, I voted to uphold, to keep sion bills. We have recognized the im- GENERAL LEAVE that earmark in there. It was so impor- portant role of pollinators, as I men- Mr. ARCURI. Madam Speaker, I ask tant that we got the downtown Tacoma tioned, H.R. 1460. unanimous consent that all Members

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6291 be given 5 legislative days in which to and our friends and our constituents to tives that the Transportation-HUD Ap- revise and extend their remarks on travel on. propriations Act will fund in fiscal House Resolution 1569. The Transportation-HUD appropria- year 2011. I urge my colleagues to sup- The SPEAKER pro tempore. Is there tions bill continues this investment port the rule and the underlying bill. objection to the request of the gen- and our commitment to using all the I reserve the balance of my time. tleman from New York? tools available to continue the eco- Mr. LINCOLN DIAZ-BALART of There was no objection. nomic recovery that has taken hold. It Florida. Madam Speaker, I would like Mr. ARCURI. Madam Speaker, I yield is also important to note that the leg- to thank my friend, the gentleman myself such time as I may consume. islation continues these important pro- from New York (Mr. ARCURI), for the Madam Speaker, House Resolution grams, but in a fiscally responsible time, and I yield myself such time as I 1569 provides a structured rule for con- way. Overall, the bill spends $500 mil- may consume. sideration of H.R. 5850, the Transpor- lion less than was appropriated during I would like to take a minute first to tation, Housing and Urban Develop- the current fiscal year. The amount thank Cesar Gonzalez. He is my rules ment and Related Agencies Appropria- provided overall is $1.3 billion below associate, general counsel, legislative tion Act of 2011. The rule provides 1 the President’s request. director. This is the last rule we are hour of general debate equally divided I commend the committee for its going to be working on together. Con- and controlled by the chair and rank- work in crafting a bill that spends less gressman MARIO DIAZ-BALART, who is ing minority member of the Committee overall and still manages to increase aware of Cesar’s talent, has made what on Appropriations. The rule waives all the funds available for key programs I consider a very wise decision in hir- points of order against consideration of that are at the heart of our Nation’s ing Cesar as his chief of staff. So we are the bill except those arising under economic recovery. The committee has not going to be working on rules to- clause 9 or 10 of rule XXI. The rule done so by scaling back spending on gether, but we will always be friends. waives all points of order against pro- other programs, which is never popular And I am deeply grateful for his friend- visions in the bill for failure to comply or easy, but is the right thing to do. ship and for the extraordinary assist- with clause 2 of rule XXI. The rule Included in H.R. 5850 is $45.2 billion ance that he has given to me and our makes in order the amendments print- to improve and repair our Nation’s office and our constituents during all ed in part A of the report of the Com- aging highway infrastructure. The bill of the time that he has honored us by mittee on Rules accompanying this includes more than $11.3 billion for the working with us. So Cesar, thank you. resolution, not to exceed four amend- Federal Transit Administration, which Madam Speaker, yesterday the ma- ments printed in part B of the report of will support bus and rail projects, and jority brought to this floor the first fis- the Committee on Rules if offered by an estimated 20,000 additional jobs for cal year 2011 appropriations bill. I Representative FLAKE of Arizona or his transit workers nationwide. This not know it’s almost August, but that’s the designee. only provides more transportation op- case. The first appropriations bill was All points of order against the tions to Americans during tough eco- brought to the floor yesterday by the amendments except for clause 9 and 10 nomic times, it also decreases traffic majority. And they brought it forth of rule XXI are waived. The rule pro- congestion, reduces our dependence on under a restrictive process that blocks vides that for those amendments re- foreign oil and greenhouse gas emis- Members on both sides of the aisle ported from the Committee of the sions, and makes our roads safer for from introducing amendments. And Whole, the question of their adoption commuters. today the majority continues that shall be put to the House en gros and This bill adds another $1.4 billion to process, that unfortunate process, with without division of the question. continue developing and building a na- yet another restrictive rule, this time The rule provides one motion to re- tional system of high speed rail. High on the second appropriations bill that commit with or without instructions. speed rail moves more people at a they are bringing to the floor, the lower cost, at a faster speed, and with Transportation and Housing and Urban b 1050 less impact on our environment than Development appropriations bill. And The rule provides that after disposi- road transportation. We have developed they bring it forth with a rule that al- tion of amendments, the chair and the most advanced highway and avia- lows 24 of the 108 amendments that ranking minority member of the Com- tion systems in the world over the last were submitted to be debated. That’s 22 mittee on Appropriations each may 60 years, but in comparison to the rail percent of the amendments submitted. offer one pro forma amendment to the systems in other nations such as Ger- As you know, Madam Speaker, that bill for purpose of debate, which shall many, France, and even China, we have used to not be the case. Always be controlled by the proponent. The clearly fallen behind. This bill con- throughout the history of the Republic, Chair may entertain a motion that the tinues our commitment to correcting appropriations bills have been brought committee rise only if offered by the that situation and developing a robust forth under open rules. And you know, chair of the Committee on Appropria- national intercity rail network. Madam Speaker, we have been here for tions or his designee. Finally, the rule Related to the Department of Hous- some years now, sometimes the process provides the Chair may not entertain a ing and Urban Development, H.R. 5850 of debate on appropriations bills got motion to strike out the enacting makes critical investments to help unruly and long and frustrating. But words of the bill. communities continue to address the that’s the way democracy’s supposed to Madam Speaker, I rise as a member fallout from the housing and fore- work. of the Rules Committee and also as a closure crisis that we see nationwide. So the way that for centuries we’ve member of the Transportation and In- The bill provides communities with the worked out that process, Congress has frastructure Committee in strong sup- tools they need to build, purchase, or worked out that process, is that, you port of H.R. 5850, the fiscal year 2011 rent affordable housing. It provides know, the chairman and the ranking Transportation-HUD Appropriations rental assistance to low-income fami- member of the appropriations sub- Act, because housing and transpor- lies, homeless veterans, and other at- committee on the floor, after a while, tation are two areas that must be pri- risk groups, and supplies funding for after days, they come together with a orities, especially in tough economic repairs and renovation of affordable unanimous consent agreement and times such as we are in, because we get housing across America. they limit debate. The Congress, we the double return on our investment. The bill provides $4 billion for the limit debate by unanimous consent. As we have seen with the recovery bill, Community Development Block Grant That’s the way it’s worked out. You investment in infrastructure not only program, which sends funding directly know, you don’t close the process at generates economic recovery by put- to local governments for projects that the beginning—at least we didn’t be- ting people back to work, but those address housing, social services, and fore. Starting last year, this majority construction jobs strengthen our trans- other economic challenges in their decided to, however. And that’s unfor- portation system and improve our communities. tunate. housing stock. They make our roads Madam Speaker, this is just a sample Now, under the traditional process safer, our bridges safer for our families of the important programs and initia- that was followed since the beginning

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6292 CONGRESSIONAL RECORD — HOUSE July 29, 2010 of the Republic, no one from the major- part of a partnership with Mr. OBER- community, rural and urban, from ity leadership or the Rules Committee STAR, the chair of the Transportation coast to coast, making the Federal got to pick and choose what amend- and Infrastructure Committee, who has Government a better partner, pro- ments the House could debate on ap- long championed these efforts to have moting the livability of our commu- propriations bills as long as they were the Federal Government be a better nities where every family is safer, germane. In other words, as long as partner working with communities on healthier, and more economically se- they were connected, the issue was critical areas of transportation and cure. connected to the bill at hand. housing. While I will support the rule, I Now, that’s what an open rule is, an This bill has built on this approach. strongly urge, if these two amend- open process. And as I say, it’s been the It has taken critical elements that ments are offered, that they be re- tradition of the Congress of the United strengthen community, revitalize the jected. States to debate appropriations bills economy, and help protect the planet. Mr. LINCOLN DIAZ-BALART of under an open process, under open I must, however, speak against a cou- Florida. Madam Speaker, it’s my pleas- rules. I outline what an open rule is be- ple of ill-advised attacks on the livable ure to yield 3 minutes to my friend cause it’s been so long since the House communities program of the adminis- from Georgia, my classmate—it’s has considered an open rule. And I am tration. In particular, there is an amazing how the years have passed— sorry for our new Members, because amendment by my friend and colleague JOHN LINDER. they have never experienced an open from Oregon (Mr. DEFAZIO) that would Mr. LINDER. Madam Speaker, I rise rule. But that’s why I outlined what an strip out of transportation elements of in opposition to the motion to order open rule process is. livability. The irony is that the reau- the previous question. I oppose it so The last time we saw one on an ap- thorization that Mr. DEFAZIO is work- that the minority might have the op- propriations bill was July 31, 2007, al- ing on—which we all hope will happen portunity to offer legislation that has most exactly 3 years ago to the day. sooner rather than later—actually will been endorsed by the American people Even on that bill the majority then promote a number of these approaches. through the YouCut program, legisla- came back and closed the process. But And the money that he would strip out tion that is strongly supported by at least they initially came to the floor would actually have gone to help get a Members on both sides of the aisle. with an open rule 3 years ago on an ap- head start on the important program That legislation is H.R. 5885, a bill in- propriations bill. that actually will be a part of the legis- troduced to terminate the advance For a nonappropriations bill, Feb- lation that I am confident will be pro- earned income tax credit, saving Amer- ruary 8, 2007, the month after they duced by his subcommittee and, ulti- ican taxpayers more than $1 billion took the majority. That was their last mately, by the Transportation and In- over the next decade. open rule, the last open rule that this frastructure Committee. An August 10, 2007, report by the majority permitted to the Membership These are not areas that are insig- GAO revealed significant noncompli- in this Congress. You know, that’s sad. nificant. There is great public support. ance and fraud with the advance EITC. But especially it’s unnecessary. But For example, the TIGER grants re- The GAO found that 20 percent of the there is extraordinary power in the ma- ceived 40 times more requests than the recipients did not have a valid Social jority, obviously, and our friends on administration had money for. And I Security number, almost 40 percent of the majority side are showing us every must point out that this is not taking the recipients did not file a tax return, day. They exercise that power. You any money away from the transpor- and 80 percent of the recipients failed know, it’s a record that no one should tation trust fund because, if it’s not to comply with at least one program be proud of, but it is the legacy of this authorized, it comes from the general requirement. And yet, despite evidence majority. fund. of significant fraud, abuse, and general Equally sad, and I think misguided, non-compliance, GAO found that only 3 b 1100 is an amendment offered by my col- percent of the EITC-eligible individuals Now, what is the reason for the ma- leagues PETERS, ADLER, HIMES, and used the advance option. jority to use such a restrictive process? WELCH that would strike or reduce Given the low level of utilization and Last year they told us that it was to funding for a number of critical pro- the high error rates among those who curb the consideration of amendments grams where the committee has ad- do use it, several members of the main order to move the process forward in justed it even above what the adminis- jority party have proposed to termi- a timely manner because they wanted tration requested. These are programs nate the advance EITC option. Presi- to avoid an omnibus appropriations for high-speed rail, infrastructure in- dent Obama has promised to repeal it bill, but they didn’t. We still had an vestment grants, HOPE VI, Brownfield in both of his annual budgets. Earlier omnibus appropriations bill and it was redevelopment, railroad safety tech- this week, Senator REID included re- 2 weeks before Christmas. nology, Veterans Affairs-supported peal as an offset in the small business As I said last year, as I said yester- housing. I mean, I could go on. Time bill on the Senate floor. And last week, day, as I say now, this process is unjust doesn’t permit. four of our Democrat colleagues here in and it’s unnecessary. It was a mistake The SPEAKER pro tempore. The the House introduced deficit reduction last year. It was a mistake yesterday. time of the gentleman has expired. legislation that included the very same It’s a mistake today. It’s a colossal Mr. ARCURI. I yield the gentleman language on repealing the advance mistake that the majority will come to an additional minute. EITC that is the subject of my legisla- regret. Mr. BLUMENAUER. These are pre- tion. I reserve the balance of my time. cisely the types of programs that we Republicans agree with our Democrat Mr. ARCURI. Madam Speaker, I yield should be concentrating on because colleagues that the advance EITC is a 3 minutes to the gentleman from Or- they stretch dollars, because they help waste of taxpayer money and should be egon (Mr. BLUMENAUER). promote the activities back on the terminated. I ask my colleagues to de- Mr. BLUMENAUER. I appreciate the ground in our districts, and, in fact, feat the previous question so that we gentleman’s courtesy in allowing me to they are supported by the people who may consider this legislation on the speak on this rule. sent us here in the first place. I would floor today. Madam Speaker, embedded here in strongly recommend that my col- Mr. ARCURI. I reserve the balance of this legislation for Transportation- leagues look carefully at these provi- my time HUD is the Livable Communities Ini- sions. Mr. LINCOLN DIAZ-BALART of tiative, a visionary, popular, and im- What Chairman OLVER and his sub- Florida. Madam Speaker, it’s my pleas- portant program of the administration. committee have done is to rebalance ure to yield 4 minutes to the great In fact, however, it began in the last efforts that were offered by the admin- leader from Texas (Mr. HENSARLING). Congress where the subcommittee of istration. In some cases, they were re- Mr. HENSARLING. I thank the gen- Transportation and HUD, under the duced; in some cases, they were in- tleman for yielding. leadership of Chairman OLVER, pro- creased. But there is a package here Madam Speaker, I rise in opposition moted these initiatives. It was also that will make a difference for every to this ill-advised rule. Number one, we

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6293 have a rule that is allowing us to some- earmark, and I could go through the dying because of that capital backlog. how consider an appropriations bill be- list that I tried to offer, but unfortu- They’re dying right here in the Na- fore we even have a budget. There is no nately can’t offer under this closed tion’s capital where they’re running budget, Madam Speaker. My friends on rule, and funny, it seems to give the obsolete, crummy, old rail cars that the other side of the aisle, the Demo- impression that the earmarks are being aren’t safe. crats, don’t even want a speed bump as allowed for the senior Members of the We have a transportation crisis, and they drive down the road to national Democratic leadership and those who I’ve written a bill, along with Chair- bankruptcy. have very challenging races come No- man OBERSTAR, that will address more We’re supposed to have a budget be- vember. I have no doubt it is a coinci- robustly than a provision stuck in here fore we have appropriations bills. And, dence but here it is; yet, no amend- by the Appropriations Committee the in fact, I think the Democratic chair- ments can be offered. issues of livability and planning in a man of the Budget Committee said it When the gentleman from New York coordinated way for a better transpor- best when he said, If you can’t budget, said he’s bringing a rule that will allow tation future, more options for people you can’t govern. Well, according to us to debate a fiscally responsible bill, who live in congested metropolitan the House Budget Committee, clearly he failed to note it is 38.1 percent above areas. But tell you what, if you take the Democrats cannot govern. the 2008 level. I mean, this is part of and create that with, say, $200 mil- This year will mark the first time in the spending spree that is bankrupting lion—and my colleague was wrong; it is history that the House has failed to America. He conveniently only looks $200 million that comes out of the trust even consider, much less pass, a budg- on a one-term basis; yet, the American fund. That means it’s $200 million that et, and yet we have a rule allowing us people have to pay on a multiyear we don’t have to help deal with those to spend yet more of the people’s basis. 150,000 bridges that need to be repaired money. The SPEAKER pro tempore. The or replaced. That’s a lot of money, and It also marks the second year in a time of the gentleman has expired. it would be kind of like putting a row where the Democrats have chosen Mr. LINCOLN DIAZ-BALART of great, new, shiny coat of paint on an to bring these bills under closed rules. Florida. I yield the gentleman 1 addi- old jalopy that’s riddled with rust and I, myself, had six different amend- tional minute. burning oil by the quart every time ments. And when we’re spending the Mr. HENSARLING. You would think, you drive it. That’s what will happen if people’s money, the people’s represent- Madam Speaker, after this President you create this office of livability. atives ought to be heard. None of my and this Congress increased what we This administration, who has not six amendments will be heard, Madam call non-defense discretionary spend- seen fit to even send down one iota of Speaker, because the Rules Committee ing, which is really garden variety gov- policy for a transportation bill that decided they would have a closed rule ernment, not the entitlement pro- was due last October—and they keep and they didn’t want to hear from my grams, not the Pentagon, has increased saying, oh, we’re getting to it, we’ll get amendments. 84 percent in just 2 years, at what point you some ideas soon, we’re working on do you say enough is enough? And it, it’s a very high priority, the Presi- b 1110 that’s why Republicans every week are dent is a really big infrastructure guy: So had I had an opportunity, Madam bringing forth another proposal under well, where’s the dough? Where’s the Speaker, I believe that the American the YouCut program to say, let’s start policy? Nothing. people need to continue to focus on saving some money. Now, they do want to cherry-pick. this practice of earmarking. The Re- So as you heard from the gentleman They want this office of livability and publicans have taken an earmark mor- from Georgia, this week is the ad- then they can tout that through the atorium. We said, you know what, the vanced earned income tax credit, next election and we’ll never get a process is broken. Now, not every ear- frankly brought by a Democrat who transportation bill. We can’t let them mark is bad, Madam Speaker, but the now apparently has decided to abandon cherry-pick. If they want to come down process is broken, and yet the Demo- his own child and make it an orphan. and talk about the comprehensive ap- crats continue to bring them. But this is a program that could save proach I’ve taken in my bill for liv- And had I had an opportunity, I taxpayers $1.1 billion. ability, congestion management, new would have brought an amendment We need to vote down the rule, vote transit options, 21st century policy of saying, you know what, maybe we down the previous question. Allow us transportation that takes into account should strike the earmark that the today to make one small saving, again livability, quality of life, economic de- Budget Committee chairman, Chair- at least one small speed bump on the velopment, congestion, reducing fuels, man SPRATT, has for a neighborhood road to national bankruptcy brought waste and all those things, let’s have community center in York County, courtesy of our friends on the other that conversation. But guess what, South Carolina. I have no doubt that side of the aisle. we’re going to have to invest a little good things can be done with that Reject the rule. bit more money to do it. money, Madam Speaker, but does the Mr. ARCURI. Madam Speaker, I yield This administration is petrified. It’s chairman of the Budget Committee and 3 minutes to the gentleman from Or- like all the options I’ve sent them, tax does this body really believe it’s worth egon (Mr. DEFAZIO). the oil industry, tax oil speculators, a borrowing 41 cents on the dollar, main- Mr. DEFAZIO. I thank the gentleman whole bunch of things, they won’t even ly from the Chinese, and sending the for yielding. begin the discussion, and if my col- bill to our children and grandchildren? I want to thank the Rules Committee league leads a successful fight against I hope not. But this body will not be and Chairwoman SLAUGHTER for mak- this amendment today, we will never able to work its will. ing my amendment in order, which was have that discussion during the term of I would have introduced an amend- referenced by my good friend and col- this President, never. ment to strike the earmark of the gen- league from Oregon (Mr. BLUMENAUER) So I’ve got to urge in the strongest tlelady from Ohio, Representative KIL- earlier. words possible to my colleagues. ROY, who thought it was worth bor- We need a new transportation policy The SPEAKER pro tempore. The rowing 41 cents on the dollar, mainly for this country. We need a 21st cen- time of the gentleman has expired. from the Chinese, and to bill to our tury transportation policy. We’re liv- Mr. ARCURI. I yield the gentleman children and grandchildren, to put in ing under the Bush-era priorities and an additional minute. the Columbus Bicentennial Bikeways- policies and inadequate funding. We Mr. DEFAZIO. If you care about a West Side Improvement in Columbus, have a system with 150,000 bridges that new 21st century transportation policy, Ohio. are weight-limited or functionally ob- if you care about the fact that the Madam Speaker, at some point the solete. We have transit systems across United States of America is falling be- American people want to know: does the country that have an $80 billion hind because of the state of disrepair of their President, does their Congress, backlog just to be in a state of good re- our system, the delays for our busi- what part of broke don’t they under- pair, let alone building out new transit nesses and industry, the lack of com- stand? Earmark after earmark after options for Americans. People are petitiveness because of that system, if

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6294 CONGRESSIONAL RECORD — HOUSE July 29, 2010 we look at what our competitors are (Mr. INSLEE asked and was given ability Office report found that the ad- doing to build out new systems and ef- permission to revise and extend his re- vanced EITC is unpopular with eligible ficient systems, if you care about those marks.) taxpayers and disproportionately sub- things, you will vote for my amend- Mr. INSLEE. Madam Speaker, the ject to fraud, with 20 percent of the ment. Strip the $200 million from an previous speaker had a cute poster claimants lacking even a valid Social unauthorized program. Remember, this showing Uncle Sam talking about cuts, Security number. is an appropriations bill. You’re not and we know that we have a long-term Repealing the advance option would supposed to create new programs or au- deficit issue to deal with. not affect low-income workers’ eligi- thorize things. All we say is, it’s sub- But I think it’s appropriate to look bility for the EITC, but it would save ject to authorization. That is why I’m at the numbers, and the simple num- taxpayers—not the $500 million that is happy to look at the $200 million or bers are things that we ought to be less than the last budget, as my friend even more for an office of livability in able to agree on in a bipartisan basis. Washington just stated, but double an authorizing bill. The numbers show that this year’s bill that, more than double that, $1.1 bil- Let’s have a meaningful discussion. that we will pass today spends $500 million by cutting down on fraud and Let’s get it done. Don’t let the admin- lion, $500 million less than last year’s abuse. istration cherry-pick and end-run us. bill. I want to repeat that, $500 million Madam Speaker, this is a bipartisan Mr. LINCOLN DIAZ-BALART of cut compared to last year’s bill. measure. In fact, President Obama in- Florida. Madam Speaker, it is my We are aware of the situation, and we cluded it in his budget for this year. By privilege to yield 2 minutes to the gen- are reducing this expenditure by $500 taking up this commonsense proposal, tleman from Virginia (Mr. CANTOR), million. That’s the math. It should be we can cut more than a billion dollars’ the Republican whip. bipartisan math, and there is no ques- worth of fraud out of the Federal budg- Mr. CANTOR. I thank the gentleman. tion about it no matter what kinds of et. Madam Speaker, I rise in opposition pictures you want to bring out on your Let’s take this opportunity to show to this bill and ask that finally we in posters. the American people that Congress is this House turn towards the matter of But I also want to point out this bill finally serious about tackling the def- such concern to the American people, does some things that are smart, look- icit. Vote ‘‘no’’ on the previous ques- and that is, the growth, incredible ing to our future. tion. Mr. ARCURI. I reserve the balance of growth, in size of Washington and its Number one, it makes an investment in trying to move to cleaner aviation my time. government. Mr. LINCOLN DIAZ-BALART of With 1.5 million votes cast, Madam fuels so that we can reduce carbon pollution from our air aviation industry Florida. Madam Speaker, it is my Speaker, the YouCut movement con- pleasure to yield 2 minutes to the great tinues to give Americans a vehicle to to invest in biofuels. We just flew the first algae-based biofuel Green Hornet, leader from Michigan (Mrs. MILLER). help put a stop to Washington’s never- Mrs. MILLER of Michigan. Madam an Air Force F–18, at supersonic ending shopping spree. House Repub- Speaker, the American people are very speeds. We think we can replace a sig- licans have already offered more than concerned about out-of-control Wash- nificant number of fossil fuels with $120 billion in commonsense budget ington spending, and they are demand- green fuels. This makes an investment. cuts. Yet, week in and week out, our ing action. colleagues on the other side of the aisle Second, this bill makes an invest- Over the last several months, the Re- have voted against the will of the peo- ment in moving to the electrification publican Conference has engaged the ple and blocked these commonsense of our transportation system. Ameri- American people in this effort through spending reductions. cans, for the first time, are now going our YouCut program, and we have of- Madam Speaker, maybe today is the to be able to buy American-made cars fered literally tens of billions of dollars day when that changes. This week’s that run on electric engines. We need a in cuts, and all of those cuts have been leading vote-getter is a proposal spon- place to plug them in. This bill helps to rejected by the Democrat majority. sored by Congressman JOHN LINDER of move having plug-in stations. Today we are going to offer another Georgia. It would save the taxpayers We are starting that effort on the I– cut, and this one is so rife with abuse $1.1 billion by eliminating the ad- 5 corridor up in the State of Wash- that it has even been identified by a vanced earned income tax credit, a pro- ington and Oregon. This bill will ex- Democrat working group as a common- gram plagued by waste, fraud and tend those efforts to work with local sense cut that will help to reduce the abuse. communities so Americans will have a deficit. The idea was first put forward by our choice to buy American-made electric- The Democrat leadership has not of- friends on the other side of the aisle, powered propulsion systems, plug them fered an opportunity to make this cut, Madam Speaker, and for many of us in in with American made plug-in sta- but the Republican Conference will. the minority, it was heartening to see tions. This is a vision for the future. Here is a chance for many of our Demo- our colleague in the Democratic Cau- We are starting with cuts to this bill crat friends to stand up and put their cus embracing the commonsense spend- and moving with targeted investment votes where their rhetoric has been. ing cuts that this Congress so persist- to move to the next generation of vehi- Today they are either going to hide ently refused. cles. It’s a good plan for America. behind their leadership on procedural Mr. LINCOLN DIAZ-BALART of b 1120 grounds and oppose this commonsense Florida. It’s my privilege, Madam cut that many of them have publicly Addressing our staggering national Speaker, to yield 2 minutes to my good supported, or they are going to stand debt is not a partisan calling. It is a friend from California (Mr. HERGER). with the American people and join us national imperative because our coun- Mr. HERGER. Madam Speaker, I in beginning the process of bringing try stands at a crossroads. urge the House to defeat the previous this deficit under control. Madam Speaker, I urge all of my col- question on the rule so we can vote to The proof is in the vote. No hiding, leagues on both sides of the aisle to end the advanced Earned Income Tax no excuses, no more rhetoric. We are vote to bring this week’s YouCut pro- Credit. This year, the Federal Govern- calling their bluff. posal to the floor. ment is running a $1.5 trillion deficit Vote ‘‘no’’ on the previous question Mr. ARCURI. Madam Speaker, may I with 43 cents of every dollar we are and let’s start cutting this out-of-con- inquire as to the amount of time re- spending being borrowed money. trol Federal deficit and Federal spend- maining. The American people want us to get ing. The SPEAKER pro tempore. The gen- spending under control and the Repub- Mr. ARCURI. I continue to reserve tleman from New York has 16 minutes lican YouCut initiative enables the the balance of my time. remaining, and the gentleman from American people to actually vote on Mr. LINCOLN DIAZ-BALART of Florida has 151⁄2 minutes remaining. specific spending cuts. This week Florida. Madam Speaker, it is a privi- Mr. ARCURI. Madam Speaker, I yield YouCut participants have asked Con- lege to yield 2 minutes to my friend 2 minutes to the gentleman from Wash- gress to consider eliminating the ad- from the Rules Committee, the leader ington (Mr. INSLEE). vanced EITC. A Government Account- from North Carolina, Dr. FOXX.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6295 Ms. FOXX. I thank my colleague By tradition, appropriations have Impoundment Control Act was imple- from Florida for yielding time. been sacrosanct when it comes to the mented, we have not had a budget reso- Madam Speaker, I sat in the Rules amendment process. We have had peo- lution here in the House of Representa- Committee yesterday and heard from ple who have had amendments that I tives. our colleagues on both sides of the would vigorously disagree with, and we So being promised the most open aisle about this bill. always, always allowed for an open Congress in history is something that I was really struck by something, amendment process, with only one or has clearly been thrown out the win- Madam Speaker. I was struck by the two exceptions, and that was usually dow, Madam Speaker. I hope very fact that many of our colleagues across done when there was a bipartisan con- much that we will be able to defeat the the aisle have obviously been on the sensus to have some kind of structure previous question so we can have a road to Damascus lately because all of to an appropriations debate. But now it chance to vote to cut spending, and a sudden, after running up the largest has tragically, with what took place then defeat this rule and come down deficit in the history of this country, last year and what is taking place now, with a process that will allow Demo- as my colleagues before me have said, become the norm for us to shut down crats and Republicans to carry the we are borrowing 43 cents for every dol- the opportunity for the American peo- voice of the American people to the lar we spend, we have a $1.5 trillion def- ple—the American people—to be heard floor of this institution. icit. After helping to do that, suddenly through their elected representatives, Mr. ARCURI. Madam Speaker, I re- we see Democrat amendments to cut denying both Democrats and Repub- serve the balance of my time. spending. licans alike the opportunity to partici- Mr. LINCOLN DIAZ-BALART of Obviously, some people on the other pate. Florida. I thank my friend from New side of the aisle are paying attention to I note that there are some new mem- York once again for his courtesy. I what most of the American people are bers of the Rules Committee, lots of think this has been a good debate. saying. In fact, 95 percent of the people new Members of this institution, and Madam Speaker, on Tuesday of this in my district think that spending is Madam Speaker, I don’t know exactly week, the Congressional Budget Office the biggest problem facing this coun- what the numbers are, but there are released a report titled ‘‘Federal Debt try. people who have never once witnessed and the Risk of a Fiscal Crisis.’’ The There were 31 Democrat amendments the United States House of Representa- report sounded an alarm on the Federal offered, 12 of them cut spending. Five tives, the People’s House, engaging in Government’s out-of-control debt and of those amendments to cut spending an open rule debate. Now, why is it so the consequences if we fail to address were made in order. important for us to pursue openness on the debt. It said, ‘‘Growing budget defi- Again, Madam Speaker, I think this this? Because, as my friend from cits will cause debt to rise to is a very cynical, very cynical ploy, Grandfather Community, North Caro- unsupportable levels.’’ And we are see- one of many practiced by colleagues lina (Ms. FOXX) just said, the priority ing in other countries in the world that across the aisle to make it look like of her constituents—and I believe most this is not a theoretical problem. I they are doing something that they Americans, certainly the people whom mean, this is a very serious, practical aren’t, which is to pay attention to I represent in California—is the need problem that can devastate countries cutting spending. for us to reduce the size and scope and and truly hurt people. And so we have We need to vote down this rule. We reach of government so that we can to realize that as a Nation we have to need to vote ‘‘no’’ on the previous ques- create jobs and create individual ini- change course. I know that is going to tion, and we need to bring back serious tiative and responsibility. And we are require bipartisanship, and I hope that issues where we are cutting spending denying Democrats and Republicans we see it soon, but we’re not seeing it and listening to the American people. alike the chance to offer these amend- yet, and it’s very worrisome. On the Mr. ARCURI. I continue to reserve ments through the open amendment contrary, the path we are on is, as the the balance of my time. process. Congressional Budget Office has said, Mr. LINCOLN DIAZ-BALART of For example, two of my very distin- not supportable. Florida. Madam Speaker, I yield 5 min- guished, hardworking colleagues who So one way to help reign in Federal utes to my dear friend from California, have been in the forefront in the quest spending—and of course none of this is the ranking member, Mr. DREIER. to reduce spending, my California col- going to be pleasant, but it’s necessary, Mr. DREIER. I thank my good friend league, Mr. CAMPBELL, and our Texas and I know that action that’s required from Miami for his typical, spectacular colleague, Mr. HENSARLING, both were is approaching because it is nec- job. denied an opportunity to offer amend- essary—but one way is to cut spending I have to say, as I stand here I am ments. Now if we had had an open that is not absolutely necessary, that thinking about the fact that there are amendment process, they would be able can be considered wasteful. probably not going to be too many to offer their amendments that would Over the last week, participants in more opportunities for him to be here bring about reductions in spending so Minority Whip CANTOR’s YouCut initia- as we look towards the waning weeks that we can get our economy back on tive voted on programs for us to bring of this Congress. I want to say that it’s track and exercise the kind of fiscal re- to this floor for cutting. To date, par- been a wonderful privilege for me to straint which is essential if we are ticipants in that program have voted serve with him. going to succeed. to cut $120 billion in spending. This So Madam Speaker, that is why we week, the participants in that program b 1130 are going to encourage—my colleague voted to cut the Advanced Earned In- He has done such an important job, will in just a moment—defeat of the come Tax Credit program. That pro- and of course is best known for being a previous question so that we can bring gram allows eligible taxpayers to re- champion in the struggle for freedom about a proposal that will allow us to ceive a portion of their earned income and democracy and opportunity for cut spending under our YouCut pro- tax throughout the year in their pay- people, especially in this hemisphere. I gram, the proposal that Mr. LINDER has checks. There was a recent audit of the just thought about that when I stood brought forward. And we also want to program that found that 80 percent of up, so I would like to say that as I defeat this rule. the recipients did not comply with at begin my remarks. I was just reminded by one of our least one program requirement, an- It’s also rather sad, Madam Speaker, staff members that this may be the other 20 percent had invalid Social Se- that my friend has to preside over a last appropriations bill that we con- curity numbers and thus may not have rule which has this institution moving sider. Guess what number it is of the been eligible for the credit, and 40 per- in the direction of more restrictions, 12? It’s the second appropriations bill. cent failed to file the annual tax return more control, less liberty, and less op- And yet the Appropriations Committee required to reconcile the credit. Suffice portunity. That is exactly what we’ve has not even engaged in markups that it to say that, as a result, the program seen happen in the past year, especially were promised. We have gone well be- is susceptible to waste and abuse, and when it comes to the appropriations yond the deadline. As we all know, for cutting it would save more than $1 bil- process. the first time since the 1974 Budget and lion.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6296 CONGRESSIONAL RECORD — HOUSE July 29, 2010 So I will be asking Members to vote tation-HUD Appropriations Act funds I submitted nine very simple, common ‘‘no’’ on the previous question so that some of the most important initiatives sense amendments to this legislation that we can have a vote on that issue, on that pay for everything from roads, were dismissed by this leadership. cutting the Advanced Earned Income bridges, and railroads to housing for Is the majority leadership so afraid of mak- Tax Credit program. I would like to re- veterans and low-income families. ing their Members vote against such common mind the membership that a ‘‘no’’ vote In my opening remarks, I discussed sense measures as cutting this bill by a half- on the previous question will not pre- the critical investments that this bill percent that they wouldn’t even allow for conclude consideration of the underlying makes in our transportation system. sideration? legislation before us today, the Trans- The bill also invests in housing pro- At a time when the American people are portation, Housing and Urban Develop- grams for vulnerable populations, in- crying out to Congress for fiscal restraint, cry- ment appropriations bill. cluding retirees, people with disabil- ing out that we tighten our purse strings, how Madam Speaker, I ask unanimous ities, veterans, and even children. can we in good conscience rule a simple half consent to insert the text of the The funding is even more essential penny on the dollar cut out of order? amendment and extraneous materials during these very tough economic I also submitted an amendment that would immediately prior to the vote on the times. The bill includes funding to ad- have not allowed any money from this bill to previous question. dress the problem of homelessness be spent on art work that will be displayed in The SPEAKER pro tempore. Is there among our veterans. All too often, men Dulles Metro Stations. objection to the request of the gen- and women who sacrifice the most for Providing art work for currently non-existent tleman from Florida? our freedoms are hit the hardest in metro stations clearly should not be a Federal There was no objection. tough economic times. We owe our vet- priority. Mr. LINCOLN DIAZ-BALART of erans the utmost respect and gratitude But alas, this amendment was also ruled out Florida. Madam Speaker, I yield back for their service, and we must honor of order. the balance of my time. the commitment made to them. They If we can not spend more than 1 hour de- Mr. ARCURI. Madam Speaker, I should not have to return home to be bating an appropriations bill that allocates bil- would like to say thank you to the gen- confronted by the possibility of pov- lions of dollars, nor have the opportunity to tleman from Florida for his handling of erty or homelessness. amend and cut some of that spending, then I this rule. It is always a pleasure to par- To address this, H.R. 5850 includes would suggest that our priorities on what de- ticipate in a debate on a rule on the funding for an additional 10,000 vouch- serves time on this very floor are severely floor with you, Mr. DIAZ-BALART. ers through the Veterans Affairs Sup- misplaced. Madam Speaker, we heard a lot portive Housing Program, adminis- Throughout this bill we can see countless today. And I think it was very inter- trated by HUD, in conjunction with the examples of spending taxpayers’ hard earned esting to listen to the debate go back Veterans Administration. money on programs that, very simply, should and forth, and certainly from my col- H.R. 5850 includes another $825 mil- not be receiving one cent. leagues on the other side of the aisle lion to rehabilitate and to build new These restrictive rules are doing nothing but who talked a great deal about spend- housing for low-income seniors. Cur- stopping legitimate debate on numerous pro- ing. Clearly, spending is one of the rently, there are 10 eligible seniors on grams and earmarks that most of us know most important issues that we are waiting lists for each unit of available should not be included. dealing with here in Congress. housing. In America, it is unacceptable And the people who are experiencing the In particular, my friend and col- that our Greatest Generation is faced greatest disservice are the American People; league from the Rules Committee, Ms. with this shortage. HUD’s section 202 our constituents. FOXX, talked about the fact that it is— program is the largest housing pro- This is not the way that this distinguished I think she said—‘‘the most important gram specifically dedicated to serving body should be conducting the affairs of the issue that faces Congress.’’ the elderly, with over 268,000 units for Republic. seniors. b 1140 I urge my colleagues to vote ‘‘no’’ on this Madam Speaker, housing and trans- rule. I would say that it clearly is one of portation are two areas that absolutely The material previously referred to the most important issues that faces must be priorities and that are essen- by Mr. LINCOLN DIAZ-BALART of Florida Congress, but when you talk to people, tial during a recovery. The funding is as follows: when you talk to Americans, they that H.R. 5850 provides for these pro- AMENDMENT TO H. RES. 1569 OFFERED BY MR. think that the most significant issue grams will ensure that our economy LINCOLN DIAZ-BALART OF FLORIDA that we in Congress need to deal with continues to rebound and that out-of- At the end of the resolution add the fol- is the economy—it is jobs; it is putting work Americans are able to find jobs lowing new section: people back to work, and equally im- and to afford housing. SEC. 4. Immediately upon the adoption of portant, it is making sure that the peo- Again, I want to stress that the com- this resoluion the Speaker shall, pursuant to ple who do have jobs continue to have mittee has produced a bill that makes clause 2(b) of rule XVIII, declare the House jobs. critical investments, which I have resolved into the Committee of the Whole I think this bill really is indicative of highlighted, and that it manages to do House on the state of the Union for consider- what the Democrats are trying to do. ation of the bill (H.R. 5885) to amend the In- so while, at the same time, spending ternal Revenue Code of 1986 to terminate the We recognize the fact that it is nec- $500 million less overall on these agen- advance payment of the earned income tax essary to begin to make cuts. That is cies during the current fiscal year. credit. The first reading of the bill shall be why this bill has cut $500 million from During these tough economic times, dispensed with. All points of order against the amount that we spent last year. On American families have been forced to consideration of the bill are waived. General the other hand, when you listen to cut back and tighten their belts. We debate shall be confined to the bill and shall economists, they are very clear in say- need to ensure that the Federal Gov- not exceed one hour equally divided and con- ing that we have to be careful in how ernment and agencies are following trolled by the Majority Leader and the Mi- quickly and how drastically we make nority Leader or their respective designees. their example and doing so well. H.R. After general debate the bill shall be consid- cuts because we are starting to see the 5850 holds the Federal Government to ered for amendment under the five-minute economy turn around. If we make dra- that standard. rule. During consideration of the bill for conian cuts and if we make cuts too I urge my colleagues, Democratic and amendment, the Chairman of the Committee quickly, it will stand to jeopardize the Republican, to support it. I urge my of the Whole may accord priority in recogni- recovery that is beginning to take colleagues to vote ‘‘yes’’ on the pre- tion on the basis of whether the Member of- hold, that is beginning to take foot. vious question and on the rule. fering an amendment has caused it to be So I think this bill takes exactly the Mr. BROWN of Georgia. Madam Speaker, I printed in the portion of the Congressional right approach in terms of beginning to Record designated for that purpose in clause rise today in opposition to this rule. 8 of rule XVIII. Amendments so printed shall cut but not doing it in such a drastic By limiting debate and preventing many fis- be considered as read. At the conclusion of way that we will affect or detrimen- cally responsible amendments, the House of consideration of the bill for amendment the tally hurt the recovery that is begin- Representatives has missed a real opportunity Committee shall rise and report the bill to ning to take effect. The Transpor- to reign in federal spending. the House with such amendments as may

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6297 have been adopted. The previous question question, who may offer a proper amendment insert extraneous materials into the shall be considered as ordered on the bill and or motion and who controls the time for de- RECORD. amendments thereto to final passage with- bate thereon.’’ The SPEAKER pro tempore. Is there out intervening motion except one motion to Clearly, the vote on the previous question objection to the request of the gen- recommit with or without instructions. If on a rule does have substantive policy impli- tleman from Florida? the Committee of the Whole rises and re- cations. It is one of the only available tools There was no objection. ports that it has come to no resolution on for those who oppose the Democratic major- Mr. HASTINGS of Florida. I yield the bill, then on the next legislative day the ity’s agenda and allows those with alter- House shall, immediately after the third native views the opportunity to offer an al- myself such time as I may consume. daily order of business under clause 1 of rule ternative plan. Madam Speaker, this resolution provides a closed rule for the consider- XIV, resolve into the Committee of the Mr. ARCURI. I yield back the bal- ation of H.R. 5893, the Investing in Whole for further consideration of the bill. ance of my time, and I move the pre- Clause 1(c) of rule XIX shall not apply to the American Jobs and Closing Tax Loop- consideration of H.R. 5885. vious question on the resolution. holes Act of 2010. The SPEAKER pro tempore. The The rule waives all points of order (The information contained herein was question is on ordering the previous against consideration of the bill except provided by Democratic Minority on mul- question. those arising under clause 9 or 10 of tiple occasions throughout the 109th Con- The question was taken; and the rule XXI and against the bill, itself. gress.) Speaker pro tempore announced that The rule provides that the previous THE VOTE ON THE PREVIOUS QUESTION: WHAT the ayes appeared to have it. question shall be considered as ordered, IT REALLY MEANS Mr. LINCOLN DIAZ-BALART of without intervening motion, except 1 This vote, the vote on whether to order the Florida. Madam Speaker, on that I de- hour of debate for the Ways and Means previous question on a special rule, is not mand the yeas and nays. Committee and one motion to recom- merely a procedural vote. A vote against or- The yeas and nays were ordered. mit with or without instructions. The dering the previous question is a vote The SPEAKER pro tempore. Pursu- against the Democratic majority agenda and rule also provides same-day authority a vote to allow the opposition, at least for ant to clause 8 of rule XX, further pro- for a resolution reported from the the moment, to offer an alternative plan. It ceedings on this question will be post- Rules Committee through Sunday, Au- is a vote about what the House should be de- poned. gust 1, 2010. bating. f Madam Speaker, H.R. 5893, the In- Mr. Clarence Cannon’s Precedents of the vesting in American Jobs and Closing PROVIDING FOR CONSIDERATION House of Representatives, (VI, 308–311) de- Tax Loopholes Act of 2010, creates and OF H.R. 5893, INVESTING IN scribes the vote on the previous question on protects American jobs through in- the rule as ‘‘a motion to direct or control the AMERICAN JOBS AND CLOSING creased investment in infrastructure consideration of the subject before the House TAX LOOPHOLES ACT OF 2010 being made by the Member in charge.’’ To and by closing tax loopholes that en- defeat the previous question is to give the Mr. HASTINGS of Florida. Madam able companies to move their oper- opposition a chance to decide the subject be- Speaker, by direction of the Com- ations offshore. This is another piece of fore the House. Cannon cites the Speaker’s mittee on Rules, I call up House Reso- legislation to add to the long list of ruling of January 13, 1920, to the effect that lution 1568 and ask for its immediate bills that Democrats have passed this ‘‘the refusal of the House to sustain the de- consideration. Congress to spur opportunities to sup- mand for the previous question passes the The Clerk read the resolution, as fol- port American jobs, American manu- control of the resolution to the opposition’’ lows: facturing, and American families. in order to offer an amendment. On March H. RES. 1568 Democrats are helping Americans dig 15, 1909, a member of the majority party of- out of the worst recession in decades. fered a rule resolution. The House defeated Resolved, That upon the adoption of this the previous question and a member of the resolution it shall be in order to consider in We are making steady, albeit slow—too opposition rose to a parliamentary inquiry, the House the bill (H.R. 5893) to amend the slow for me—gains in our economy. asking who was entitled to recognition. Internal Revenue Code of 1986 to create jobs The struggle is not over, but we are on Speaker Joseph G. Cannon (R-Illinois) said: through increased investment in infrastruc- the right path. ‘‘The previous question having been refused, ture, to eliminate loopholes which encourage Madam Speaker, this legislation the gentleman from New York, Mr. Fitz- companies to move operations offshore, and funds the highly successful Build gerald, who had asked the gentleman to for other purposes. All points of order America Bonds program, the Recovery yield to him for an amendment, is entitled to against consideration of the bill are waived Zone Bonds, the Emergency State Jobs the first recognition.’’ except those arising under clause 9 or 10 of rule XXI. The bill shall be considered as Assistance program, and it closes un- Because the vote today may look bad for fair tax loopholes that allow corpora- the Democratic majority they will say ‘‘the read. All points of order against provisions vote on the previous question is simply a in the bill are waived. The previous question tions to send American jobs overseas. vote on whether to proceed to an immediate shall be considered as ordered on the bill to This bill provides critical funding for vote on adopting the resolution . . . [and] final passage without intervening motion ex- infrastructure investment that will has no substantive legislative or policy im- cept: (1) one hour of debate equally divided create jobs here in the United States plications whatsoever.’’ But that is not what and controlled by the chair and ranking mi- and will put money in the pockets of they have always said. Listen to the defini- nority member of the Committee on Ways people who badly need it. tion of the previous question used in the and Means; and (2) one motion to recommit. Floor Procedures Manual published by the SEC. 2. The requirement of clause 6(a) of b 1150 Rules Committee in the 109th Congress, rule XIII for a two-thirds vote to consider a And yet, still, the Republicans are (page 56). Here’s how the Rules Committee report from the Committee on Rules on the against it. described the rule using information from same day it is presented to the House is Madam Speaker, it seems every other Congressional Quarterly’s ‘‘American Con- waived with respect to any resolution reported through the calendar day of August 1, day around here we have to drag our gressional Dictionary’’: ‘‘If the previous Republican colleagues kicking and question is defeated, control of debate shifts 2010. screaming to the House floor to try to to the leading opposition member (usually The SPEAKER pro tempore. The gen- help hardworking Americans, and they the minority Floor Manager) who then man- tleman is recognized for 1 hour. ages an hour of debate and may offer a ger- continue to say ‘‘no.’’ Mr. HASTINGS of Florida. Madam Every other day we have to try to mane amendment to the pending business.’’ Speaker, for the purpose of debate Deschler’s Procedure in the U.S. House of persuade our friends on the other side Representatives, the subchapter titled only, I yield the customary 30 minutes of the aisle that it’s not crazy for the ‘‘Amending Special Rules’’ states: ‘‘a refusal to my friend, the distinguished gentle- American Government to invest in the to order the previous question on such a rule woman from North Carolina (Ms. American economy to benefit the [a special rule reported from the Committee FOXX). All time yielded during consid- American people. on Rules] opens the resolution to amend- eration of the rule is for debate only. Every other day we have to remon- ment and further debate.’’ (Chapter 21, sec- GENERAL LEAVE tion 21.2) Section 21.3 continues: ‘‘Upon re- strate the same old arguments from jection of the motion for the previous ques- Mr. HASTINGS of Florida. I ask the Republicans about spending and tion on a resolution reported from the Com- unanimous consent that all Members deficits and taxes and the bad old gov- mittee on Rules, control shifts to the Mem- have 5 legislative days within which to ernment stifling our economic recov- ber leading the opposition to the previous revise and extend their remarks and to ery.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6298 CONGRESSIONAL RECORD — HOUSE July 29, 2010 I’ll remind this body that the Repub- Budget cuts are not going to repair The outrageous rule before us today licans were against the largest stim- bridges, replace water treatment facili- represents a sickening embarrassment ulus in history, which was not large ties or maintain classrooms. State and for this institution that the American enough for me and some of us in this local governments desperately need people have charged with the responsi- body. But they were against this stim- Federal funding to engage American bility to provide effective solutions to ulus, an effort that demonstrably has small businesses and put people to their real problems. saved American jobs. work. Unfortunately, the ruling liberal And I’ll remind this body that 95 per- This legislation provides billions of Democrat majority has taken this op- cent of the Republicans in this House dollars in infrastructure bonds and portunity to devise a cynical plot to have signed a pledge to protect tax other supports so communities can hire ram through this misguided, partisan breaks for companies that ship Amer- the necessary workers to make sure legislation which has had no com- ican jobs overseas. that, while we are arguing about proc- mittee consideration, no CBO cost esti- And I’ll remind this body that Repub- ess here, whether or not it’s a closed mate, and was sprung on the minority licans have consistently voted against rule or an open rule, arguing process in party only 90 minutes before its consid- job creation and economic development the Rules Committee, more dams don’t eration in the Rules Committee yester- measures that directly benefit, directly fail. That’s what we want to make sure day. Despite these atrocities, the rul- benefit hardworking Americans trying that does not happen. ing liberal Democrats couldn’t bring to secure enough income to feed their Dollars that go to infrastructure themselves to allow for any amend- families and keep their homes. projects get returned to the economy ments, choosing instead to present us Every single time Democrats try to at higher rates. Infrastructure spend- with this closed rule containing same- pass essential legislation in this body, ing is impactful, essential, and worth- day ‘‘martial-law’’ authority through and the other body, Republicans com- while, pumping in cash that goes right Sunday. Although we’ve grown accustomed to plain about the numbers. If it’s spend- to the American worker. this type of process under the reign of ing on investments in our economy, The funding in this legislation is paid the current liberal Democrat majority, Republicans complain the numbers are for. It does not add to the deficit. It is their arrogance and contempt for insti- too high. But if it’s spending on tax revenue neutral, and there is no waste- cuts for the extremely 1 percent tutional integrity never ceases to ful spending in here. shock and amaze us. wealthiest of Americans, the Repub- What Republicans argue is wasteful, I licans complain the numbers are too This is a far cry from 2006 when then- say, is essential to preventing millions minority leader NANCY PELOSI prom- low. of Americans from falling into destitu- Well, here’s a number and a letter we ised regular order for legislation in her tion. For every one job opening in our should be mindful of: $2.2 trillion, and ‘‘New Direction for America.’’ great country, there are five appli- the letter D: D is the grade given to At that time she pledged that bills cants. Unemployment remains unbear- America’s infrastructure by the Amer- should be developed following full hear- ably high, and all economists indicate ican Society of Engineers in 2009. ings and open subcommittee and com- And $2.2 trillion is the amount the that it is going to remain that way for mittee mark ups with appropriate re- American Society of Engineers esti- some time to come. ferrals to other committees. mates the United States needs to spend I dare say that what America needs Members should have at least 24 over the next 5 years to repair our to understand, and what my colleagues hours to examine a bill prior to consid- crumbling infrastructure. here on both sides of the aisle continue eration at the subcommittee level. Madam Speaker, in recent years to say, is that it happened on this Bills should generally come to the we’ve seen levees fail, bridges collapse. President’s watch, or it happened on floor under a procedure that allows As a matter of fact, we saw a levee fail that President’s watch. The real truth open, full and fair debate consisting of last week in Iowa. Bridges collapsed. I is the economy in this country a full amendment process that grants asked one of our colleagues yesterday transitioned, as well as globally, over the minority the right to offer its al- that appeared before the Rules Com- about a 45-year period of time. I’ll get ternatives, including a substitute. mittee, how did he feel when the bridge to that one day, so as how there’s a b 1200 better understanding than all of this collapsed in Minnesota. He referenced The third point she made, ‘‘Members finger-pointing about who caused this it as a national tragedy, as all of us do should have at least 24 hours to exam- deficit. and did. ine bill and conference report text And I certainly hope we have a de- But when I came to this Congress in prior to floor consideration. Rules gov- bate about how much the war in Iraq 1992, there were 14,000 bridges that were erning floor debate must be reported in disrepair in the United States of and Afghanistan cost. I can tell you before 10 p.m. for a bill to be considered America. And I dare say that we have now it’s about $1 trillion. And guess the following day.’’ not even come close and, likely, there what our deficit is? Just a little more ‘‘Should,’’ I guess, is the operative are many more. And what I said to him than $1 trillion. word here, Madam Speaker. Speaker was, I wanted his daughter, who I Madam Speaker, it’s far past time to PELOSI could say she didn’t promise, know, to travel on a safe bridge, and I pass this legislation. I urge my col- she just said ‘‘should.’’ How times have wanted my children and all the chil- leagues to vote favorably on this rule changed. With hypocrisy like this, it’s dren of all Americans, when they cross and on the final passage of this legisla- no wonder the American people are a bridge, to know that that bridge is tion. shaking their heads watching the she- safe. I reserve the balance of my time. nanigans of this most leftist, liberal, Millions of tons of hazardous waste Ms. FOXX. Madam Speaker, I yield elitist, arrogant, and out of touch have wrecked fragile ecosystems, and myself such time as I may consume. Democrat regime in the history of our billions of gallons of wastewater have Madam Speaker, I thank my col- great Nation. poured from burst pipes into our rivers league from Florida for yielding time, The liberals will undoubtedly excuse and streams, and we saw that happen and I appreciate very much and accept their shameful actions today by blam- this week in America. his comments, in particular about how ing George Bush, as they always do, Beyond the disasters is the steadily we are concerned personally for each and relate their actions to certain in- rising gridlock on our highways, roads, other’s children and each other’s fam- stances under Republican congres- airports and rails, the constant erosion ily. I believe that is absolutely true. sional leadership, but it makes no of our water systems. Right here in the And I appreciate the comments that sense to criticize in one breath and metropolitan Washington area people the gentleman made yesterday in Rules emulate in another what they identify are on boil water advisories and lim- in that respect, and also here. as the sins of the past. ited uses, including for showers. Madam Speaker, Merriam-Webster’s My friend across the aisle talked Declining park land in urban areas dictionary defines outrageous as about tax cuts and how Republicans and maintenance backlogs in our ‘‘going beyond all standards of what is love tax cuts but don’t want invest- schools amounting to hundreds of bil- right or decent,’’ ‘‘deficient in pro- ments. I want to point out to my col- lions of dollars. priety or good taste.’’ league that in the 2001 tax cuts which

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6299 were passed, there were many Demo- crats who voted for those tax cuts, both on the House and Senate side. The Yeas Nays Pres NV Yeas Nays Pres NV same thing with the 2003 tax cuts. Democratic ...... 28 153 ...... 29 Democratic ...... 81 126 ...... 1 Democrats supported those. And we Independent ...... 1 1 ...... Independent ...... 1 ...... were very grateful for that. In the final Totals ...... 240 154 ...... 39 Totals ...... 296 133 ...... 3 consideration of the Iraq war authorization, many Democrats supported 28 House Democratic Representatives vot- 81 House Democrats voting aye: Ackerman, that also. So we do have revisionist ing aye: Abercrombie, Barcia, Berkley, Andrews, Barcia, Bentsen, Berkley, Berman, Capps, Carson (OK), Clement, Condit, history, Mr. Speaker. And I would like Berry, Bishop, Blagojevich, Borski, Boswell, Cramer, Dooley, Gordon, Hall (TX), Hooley, Boucher, Boyd, Carson (OK), Clement, to insert into the RECORD the record of Israel, John, Larsen (WA), Lucas (KY), Cramer, Crowley, Davis (FL), Deutsch, the votes on those various items. Matheson, McCarthy (NY), Moore, Peterson Dicks, Dooley, Edwards, Engel, Etheridge, Let’s be clear about what this bill (MN), Roemer, Ross, Sandlin, Schiff, Shows, Ford, Frost, Gephardt, Gordon, Green (TX), does, Mr. Speaker. We are spending Tauscher, Traficant, and Turner. Hall (TX), Harman, Hill, Hoeffel, Holden, more of taxpayers’ money on plans Senate Vote Counts: Yeas 58, Nays 33, Present 2, Hoyer, Israel, Jefferson, John, Kanjorski, that will kill private-sector jobs. We Not Voting 7 Kennedy (RI), Kind (WI), Lampson, Lantos, know we have the largest deficit in his- 11 Democratic Senators voting aye: Breaux Lowey, Lucas (KY), Luther, Lynch, Maloney tory, and we need to stop this spending. (D–LA), Carnahan (D–MO), Cleland (D–GA), (NY), Markey, Mascara, Matheson, McCarthy Let me say to you again, there are four Feinstein (D–CA), Johnson (D–SD), Kohl (D– (NY), McIntyre, McNulty, Meehan, Moore, parts to this bill. Let me mention what WI), Landrieu (D–LA), Lincoln (D–AR), Mil- Murtha, Pascrell, Peterson (MN), Phelps, ler (D–GA), Nelson (D–NE), and Torricelli (D– they are in terms the American people Pomeroy, Roemer, Ross, Rothman, Sandlin, NJ). Schiff, Sherman, Shows, Skelton, Smith can understand. INITIAL CONSIDERATION OF 2003 TAX CUTS— (WA), Spratt, Stenholm, Tanner, Tauscher, Number one, it provides for up to $5 H.R. 2, 108TH CONGRESS Taylor (MS), Thurman, Turner, Waxman, billion for the Welfare Emergency JOBS AND GROWTH TAX RELIEF RECONCILIATION Weiner, Wexler, and Wynn. Fund, doubling a new welfare program ACT OF 2003 (JGTRRA)—P.L. 108–27 (9 MAY 2003) Senate Vote Counts: YEAs 77, NAYs 23 that Democrats created in the 2009 Question: On Passage: Recorded vote. Baucus (D–MT), Bayh (D–IN), Biden (D– stimulus. The bill has $31.8 billion in Bill Title: Jobs and Growth Reconciliation DE), Breaux (D–LA), Cantwell (D–WA), revenue increases that will hurt an al- Tax Act. Carnahan (D–MO), Carper (D–DE), Cleland ready weakened economy and could (D–GA), Clinton (D–NY), Daschle (D–SD), threaten our international competi- Dodd (D–CT), Dorgan (D–ND), Edwards (D– tiveness. The bill spends $25.6 billion on NC), Feinstein (D–CA), Harkin (D–IA), Hol- State infrastructure programs while Ayes Noes Pres NV lings (D–SC), Johnson (D–SD), Kerry (D–MA), abandoning small businesses, and will Republican ...... 218 3 ...... 8 Kohl (D–WI), Landrieu (D–LA), Lieberman Democratic ...... 4 199 ...... 2 (D–CT), Lincoln (D–AR), Miller (D–GA), Nel- not create the private-sector jobs that Independent ...... 1 ...... we need. Also, we know that this bill son (D–FL), Nelson (D–NE), Reid (D–NV), wouldn’t be needed at all if the stim- Totals ...... 222 203 ...... 10 Rockefeller (D–WV), Schumer (D–NY), and Torricelli (D–NJ). ulus that our friends tout so much had 4 House Democrats voting aye: Alexander, FINAL CONSIDERATION OF AFGHANISTAN, ET not been the huge failure that it has Cramer, Hall, and Lucas (KY). AL. WAR—AUTHORIZATION S.J. RES. 23, been and had actually worked. Senate Vote Counts: Yeas 51, Nays 49 107TH CONGRESS Mr. Speaker, I urge my colleagues to 3 Democratic Senators voting yea: Bayh reject this rule and reject this bill so AUTHORIZATION FOR USE OF MILITARY FORCE— (D–IN), Miller (D–GA), and Nelson (D–NE). P.L. 107–40 we can begin to restore a semblance of FINAL CONSIDERATION OF 2003 TAX CUTS—H.R. sanity in this noble institution. CRS Summary: Authorization for Use of 2, (23 MAY 2003) Military Force—Authorizes the President to INITIAL CONSIDERATION OF 2001 TAX CUTS H.R. Question: On Agreeing to the Conference use all necessary and appropriate force 1836, 107TH CONGRESS Report: Yea-and-Nay. against those nations, organizations, or per- ECONOMIC GROWTH AND TAX RELIEF RECONCILI- Bill title: Jobs and Growth Reconciliation sons he determines planned, authorized, ATION ACT (EGTRRA)—P.L. 107–16, (16 MAY 2001) Tax Act. committed, or aided the terrorist attacks Question: On Passage: Yea-and-Nay. that occurred on September 11, 2001, or har- Bill title: Economic Growth and Tax Relief bored such organizations or persons, in order Reconciliation Act. to prevent any future acts of international Yeas Nays Pres NV terrorism against the United States by such Republican ...... 224 1 ...... 4 nations, organizations, or persons. Democratic ...... 7 198 ...... States that this Act is intended to con- Independent ...... 1 ...... Yeas Nays Pres NV stitute specific statutory authorization Republican ...... 216 ...... 4 Totals ...... 231 200 ...... 4 within the meaning of the War Powers Reso- Democratic ...... 13 196 ...... 1 lution. Independent ...... 1 ...... 7 House Democrats voting aye: Alexander, Passed House without Objection 9/14/2001. Totals ...... 230 197 ...... 5 Cramer, Hall, Lucas (KY), Marshall, Mathe- Senate Vote Counts: Yeas 98, Nays 0, Not son, and Scott (GA). voting 2 (Craig–ID; Helms–NC). 13 House Democratic Representatives vot- Senate Vote Counts: Yeas 50, Nays 50 I reserve the balance of my time. ing aye: Abercrombie, Bishop, Clement, Vice President Voted Yea. Mr. HASTINGS of Florida. Mr. Condit, Cramer, Gordon, Hall (TX), John, 2 Senate Democrats voting yea: Miller (D– Speaker, I am very pleased to yield 4 Lucas (KY), Maloney (CT), McIntyre, Shows, GA), Nelson (D–NE). and Traficante. minutes to my good friend from Hous- FINAL CONSIDERATION OF IRAQ WAR AUTHOR- ton, Texas, the distinguished gentle- Senate Vote Counts: Yeas 62, Nays 38 IZATION—H.J. RES. 114, 107TH CONGRESS lady SHEILA JACKSON LEE. 12 Senators voting yea: Baucus (D–MT), AUTHORIZATION FOR USE OF MILITARY FORCE Ms. JACKSON LEE of Texas. I was Breaux (D–LA), Carnahan (D–MO), Cleland AGAINST IRAQ RESOLUTION OF 2002—P.L. 107–243 (D–GA), Feinstein (D–CA), Johnson (D–SD), (10 OCT 2002) listening to the gentleman from Flor- Kohl (D–WI), Landrieu (D–LA), Lincoln (D– According to CRS report RL31715: ‘‘In Oc- ida, and I want to thank him for fram- AR), Miller (D–GA), Nelson (D–NE), tober 2002, Congress authorized the President ing the discussion as he has done, and Torricelli (D–NJ). to use the armed forces of the United States really speaking to our colleagues and FINAL CONSIDERATION OF 2001 TAX CUTS—H.R. to defend U.S. national security against the the American people. I was trying to 1836 (26 MAY 2001) threat posed by Iraq and to enforce all rel- discern what my colleague was saying, Question: On Agreeing to the Conference evant U.N. resolutions regarding Iraq.’’ good friend from the other side of the Report. Question: On Passage: Yea-and-Nay. Bill Title: Economic Growth and Tax Re- Bill title: To Authorize the Use of United aisle. And I would only say that the lief Reconciliation Act. States Armed Forces Against Iraq. only people that are shaking their heads are those who are trying to pay their mortgages, who are trying to make sure that their incoming fresh- Yeas Nays Pres NV Yeas Nays Pres NV man or upper classman has the tuition Republican ...... 211 ...... 10 Republican ...... 215 6 ...... 2 that they need to finish school.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6300 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Americans are asking us to stop the aid for needy families, and subsidized that is not going to do anything to cre- chatter about procedures and begin to employment programs help these fami- ate jobs. This is designed—and while it do the work that they need to rebuild lies put money back into the economy. wasn’t directly said, I certainly in- this Nation. That’s the business of this So I would argue that we can chatter ferred it from the testimony that we Democratic leadership, of which I am about procedure, and that’s a good talk had in the Rules Committee last night. proud to associate with. for inside this august body. Well, everybody should have a chance My friends talk about the story of The SPEAKER pro tempore (Mr. PAS- to vote on job creation before we ad- the Recovery Act, and they are abso- TOR of Arizona). The time of the gen- journ in August. So that’s why this lutely right. We’ve been so busy with tlewoman has expired. rush. our elbow to the grindstone that we Mr. HASTINGS of Florida. I yield the Well, it’s done clearly in the most in- haven’t been able to tell the story of gentlelady 1 additional minute. appropriate way when it comes to the the many, many jobs created by the Ms. JACKSON LEE of Texas. But I deliberative nature. There was basi- Recovery Act. But watch us in the can tell you that if anybody is scratch- cally no consultation whatever with month of August, when we go home and ing their head at the kitchen table as the ranking member on the committee. shine the light on the many, many to how I am going to make next When I asked the chairman on the jobs. In the 18th Congressional Dis- month’s payment or tomorrow’s pay- Ways and Means Committee whether or trict, over $800 million, 97 projects, job- ment, if anyone is confused, they’re not there had been any consultation creating, bridge-making programs to not confused about a procedure that is seeking a bipartisan approach, he said help those in that district. going to allow this bill to move for- that he hoped this would have bipar- So today we take another leap of ward to give them help and not a hand tisan support at the end of the day. faith. And I hope that we can get an out. They are going to be ready to take When I asked, the only response that I understanding about what this bill advantage of these constructive, finan- was given was that he had a discussion does. The bill closes the loopholes, cial, and fiscally sound, paid-for vehi- with the chairman of the Senate Fi- something Americans are very clear cles which they can utilize to rebuild nance Committee, our friend Mr. BAU- about, that are given to corporations their local communities, both rural CUS, but no consultation whatsoever. to take jobs overseas. If they can do and urban. That’s what America is all The bill was introduced at 3:30 yes- their business here, they need to do it. about. That’s what this debate will be terday afternoon, and the Rules Com- But in the meantime, what do we give about today. mittee met 90 minutes later to bring up you? First of all, we all know that the And in conclusion, I would say add- this measure. Gosh. As I recall, looking government cannot use all the dollars ing to a grand and great Transpor- at the rules, we should have at least that are issued. When you give money tation-HUD bill, one of the greatest had a 24-hour layover. I would say to to State and local governments, what ones that will provide for massive mo- my friend from Ft. Lauderdale, what is do they do? They contract with small bility and housing in this Nation, the rush here? We now know that we’re businesses in that community who that’s what Americans are looking for, going to be in session on Friday. We then either keep the employees they for us to stand up and be counted and know that the Senate is scheduled to have or they expand and need to hire. move this Nation forward. I thank the meet next week. Is there any reason for And let me give you an example. gentleman for the time. I ask that you us not to have had this bill introduced, Build America Bonds is part of this leg- vote for the rule and this bill. allow it to lay over for 24 hours, allow islation, an exciting way to invest in Ms. FOXX. Mr. Speaker, I now yield Democrats and Republicans alike to America. More than $106 billion of in- such time as he may consume to the look at it so that we could decide what frastructure investments nationwide distinguished gentleman from Cali- it consists of, and then have a Rules will come about because of this. It will fornia (Mr. DREIER), the ranking mem- Committee meeting? I don’t know why not be government workers that will be ber of the Rules Committee. we didn’t do that. nailing and cementing and designing, it (Mr. DREIER asked and was given I’m happy to yield to my friend if he will be local businesses that will be permission to revise and extend his re- would like to respond as to why it part of this exciting opportunity. Re- marks.) wasn’t introduced with a 24-hour period covery Zone Bonds that will provide $10 b 1210 to allow us to have it lay over. billion in Recovery Zone Economic De- I yield to the gentleman. velopment Bonds and $15 billion in Re- Mr. DREIER. I want to begin by ex- Mr. HASTINGS of Florida. I believe covery Zone Facility Bonds, all having pressing my appreciation to my very that the distinguished chair of the to bring in small businesses. good friend and Rules Committee col- Ways and Means Committee answered In my own community of Houston, league, the gentlewoman from Grand- my good friend from California yester- we are looking at ways to improve our father Community, North Carolina, for day with regard to the immediacy. water and sewer. Most communities doing her typical spectacular job and Among the things that he said to you have aging water systems and sewer appropriately describing this as an out- was we had waited for the United systems. There has usually been a cap rageous rule. She’s right on target. I’d States Senate, which, if you recall, on how much money a State can spend really say ‘‘pathetic’’ when I look at much of what is in this provision, and on water and sewage. We are lifting both process and substance, because it he said to you there is nothing new in those caps so that bonds can be issued is absolutely pathetic. Somebody said here that we haven’t voted on before. so that the burden does not fall right to me, well, you can say ‘‘outrageous,’’ Mr. DREIER. Mr. Speaker, if I might away on the taxpayer. These are what I can say ‘‘pathetic,’’ and we can call reclaim my time, and I do so to simply we are trying to do to infuse capital the whole thing off. say we’ve heard that tired old argu- not in the pockets of the government, We’d be a lot better off, Mr. Speaker, ment, that we’ve voted on these items but in the pockets of our businesses if we did, in fact, not consider this rule before. We’ve never had it as a package that will in turn reinvest in the com- the way we’re doing it. Because while like this. munity and in the government by way my friend from Houston just said the Mr. HASTINGS of Florida. Will the of the general churning of the econ- American people understand the need gentleman yield? omy. Building, expanding, improving to get assistance—not a handout but Mr. DREIER. I’m happy to yield to the quality of life that is necessary. assistance—so that we can get the my friend. Those who are in need of TANF economy moving, we can get that. But Mr. HASTINGS of Florida. Pointedly, would be helped. Those who are in need they also want us to do it with the did we not vote on the measures in this of the expansion of business will be kind of openness and fairness and particular provision? helped. And then what I think is enor- transparency that we were promised in Mr. DREIER. Reclaiming my time, mously important, we will be investing this great document, A New Direction Mr. Speaker, I would say the answer is in real American jobs because we will for America. We’ve gotten anything no, we have not voted on this package extend the Emergency Fund for Job but that. of items. And let me address this by Creation and Assistance. These pro- The reason that the substance is pa- saying that I don’t believe that the lit- grams provide for short-term, one-time thetic, along with the process itself, is any of items included in this bill which

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6301 we’re just starting to look at have, in dents is unemployed. In one area of my Mr. Speaker, if we look at the rule fact, had an opportunity for consider- district, East L.A., the unemployment before us, we might wonder what mys- ation. rate is 16.75 percent. This is unaccept- tical legislation would prompt the rul- There was somebody who took a able. ing liberal Democrat regime to resort glance at it yesterday afternoon who A while back, L.A. County instituted to such authoritarian tactics being said to me, This is not what we need to an innovative program to get people proposed by this rule. Unfortunately, be doing to create jobs. What we need back to work. It uses TANF funds from the answer isn’t anything American to be doing is focusing on reducing the the stimulus to place unemployed job seekers want to hear but, rather, a capital gains rate and the dividend tax workers in positions for up to a year. rehash of the tired, old, failed destruc- right now, tax rate. That would do And it created over 11,000 jobs in L.A. tive policies of this regime who are ap- more to stimulate job creation and eco- County and almost 250,000 across the parently scared to death that the nomic growth than anything that country. American people are seeing through we’ve got in this piecemeal package In Palmdale, California, this program their partisan schemes. that has been put together. helped Jody, a single mother of two, While this bill does contain some And the transparency, as far as I’m find work at a local coffeehouse. There, Federal taxpayer funds to bailout concerned, is based on the following: Jody so impressed her new boss that he States for infrastructure, they are cou- It’s simply a desire to say we’ve tried plans to permanently hire her and pled with tax increases that will be to do something to create jobs. three others from the program. added to the unconscionable liberal tax Well, Mr. Speaker, I can understand But this proven job creation program policy that will bleed the American why my colleagues on the other side of expires in September. The clock is economy of desperately needed private the aisle have wanted to do that. We’ve ticking. If we don’t act, those 250,000 sector jobs. Not only does the bill write a blank come forward repeatedly with pro- tales of success become horror stories. check by authorizing such sums as nec- posals to do just that. And we have Today’s bill will keep those Americans essary—and let me point out to the tried the policy of dramatically in- working. American people, ‘‘such sums’’ means a creasing spending in the size and scope I urge all of my colleagues to support blank check. It means they can spend and reach of government, and guess the Investing in American Jobs and as much as they want to. Here we have what? We were promised that the un- Closing Tax Loopholes Act. the largest deficit in our history, and employment rate wouldn’t exceed 8 Ms. FOXX. Mr. Speaker, I yield my- yet, they’re writing another blank percent if we passed the stimulus bill. self such time as I may consume. check to bureaucrats. But one of the We all know that it’s at 91⁄2 percent na- Mr. Speaker, you know, every time most telling provisions in the bill sim- tionwide. our colleagues come here and talk ply assigns a more politically palatable I see my friend Ms. CHU here from about the horrible unemployment in title to an expensive Federal welfare California. We have a 12.3 percent un- their districts, they condemn them- fund. Indeed, title II, section 201(a)(1) employment rate. In Los Angeles Coun- selves. They condemn their own poli- of the bill changes the name of the ty, it’s higher than that. And in the cies and the policies of their President Emergency Contingency Fund for area that I represent to the east, it’s because they promised, when President State Temporary Assistance for Needy 14.4 percent in parts of San Bernardino Obama came to office and pushed Family Programs to the Emergency County. We have an unemployment through the stimulus package, that un- Fund for Job Creation and Assistance. rate that is far in excess of what we employment would never go above 8 And again, for those not versed in were promised if we passed the stim- percent. It’s been a failure. Everything Washington double-speak, State Tem- ulus bill. We have tried that, Mr. they’ve done has been a failure, Mr. porary Assistance For Needy Families Speaker. Speaker. But they keep trying. Programs is Washington double-speak Let’s now focus on job creation and Again, I want to say Einstein said for welfare money. This was a welfare economic growth with a responsible the definition of insanity is doing the bill, part of it was, and it continues to package, not this pathetic piecemeal same thing over and over and over be one, no matter the title. approach which is outrageous. And to again and expecting a different result. Apparently our liberal friends on the do it without any kind of consultation That’s what our colleagues across the other side of the aisle are so motivated whatsoever with the minority is be- aisle keep doing, the same thing over to create another permanent Federal yond the pale. and over again and expecting different welfare benefit they simply cannot tol- So I urge my colleagues to vote ‘‘no’’ results. erate the word ‘‘temporary’’ being in on this measure. Let’s do what the This bill is not going to create pri- the title of their beloved welfare fund. American people want. Let’s have an vate sector jobs. It is only going to put The new title also highlights the mis- open debate and let’s put into place us deeper in debt and cause us to lose nomer of suggesting that increasing pro-growth economic policies which more jobs. unemployment benefits will increase have been proven to be successful My colleague from Texas also men- employment or, as Speaker PELOSI re- under President John F. Kennedy, a tioned the loopholes, that this bill is cently put it, growing unemployment great Democrat, and under President going to close loopholes. Well, that is benefits ‘‘creates jobs faster than al- Ronald Reagan, a great Republican convenient language for our colleagues most any other initiative you can President. across the aisle. It’s doublespeak. And name.’’ Mr. HASTINGS of Florida. Mr. language means something. Renowned economist Arthur Laffer Speaker, I’m very pleased at this time When our colleagues across the aisle wrote in the July 8, 2010, Wall Street to yield 2 minutes to the distinguished talk about a loophole, they’re saying Journal that: ‘‘The Democratic argu- gentlewoman from California (Ms. this is something that gives us an ex- ment also ignores the impact of unem- CHU). cuse to raise taxes. The loopholes that ployment benefits on employer costs. Ms. CHU. Mr. Speaker, I want to they talk about are legal entities in Employers don’t usually hire people to speak to the importance of passing the our tax structure that probably most assuage their consciences. They hire Investing in American Jobs and Clos- of them voted for. people to make after-tax profits. And if ing Tax Loopholes Act, the importance workers require more pay because of b 1220 of passing this bill now. higher unemployment benefits, em- This bill creates jobs, rebuilds infra- But when it’s convenient for them, ployers will hire fewer employees.’’ structure, and promotes investments they call it a loophole, and let me say Mr. Speaker, this bill is going to re- that gets our economy going again. also that my colleague from California distribute wealth. That is what our col- And I want to take a moment to talk was absolutely right. The staff from leagues across the aisle are so good at about one specific aspect of this bill, the Ways and Means Committee says doing. And again, as Mr. Laffer pointed the extension of the Emergency Fund this bill is definitely not the same as out, ‘‘The government doesn’t create for Job Creation and Assistance. bills we’ve seen before. There are items resources.’’ There’s always a zero sum In Los Angeles County, the area I in here that have not been in any other game. There’s no stimulus given from represent, one out of every eight resi- legislation in this session. unemployment benefits.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6302 CONGRESSIONAL RECORD — HOUSE July 29, 2010 ‘‘To see these effects clearly, imagine been in nearly two decades—since the 1991–92 let America find jobs again,’’ said Rep. Louie a two person economy in which one of recession. Gohmert, Texas Republican. the two people is paid for being unem- President Obama joined the jobs chorus Tuesday, touting a $6 billion plan to offer up Mr. Speaker, I want to go back to my ployed. From whom do you think the to $3,000 rebates for energy-efficiency home comment about welfare because I think unemployment benefits are taken? The upgrades as ‘‘a common-sense approach that the American people thought that wel- other person obviously. While the one will help jump-start job creation.’’ fare was done away with many years person who is unemployed may ‘buy’ Mr. Obama, who used the word ‘‘jobs’’ 11 ago in this country, but that simply more as a result of unemployment ben- times in his 17–minute speech in Savannah, isn’t the case. efits, the other person from whom the Ga., said the issue is dominating his time A document that was prepared by the unemployment benefits are taken will right now. ‘‘When it comes to domestic policy, I have Heritage Foundation and released Sep- ‘buy’ less. There is no stimulus for the no more important a job as president than tember 16, 2009, provides a valuable per- economy.’’ seeing to it that every American who wants spective on the current state of welfare If unending expansion of Federal wel- to work and is able to work can find a job— spending, and I’m going to be quoting fare benefits is the liberal plan for cre- and a job that pays a living wage,’’ he said. from that document for several mo- ating private sector jobs, I’m fright- On Monday, Republicans fought back the ments. ened to imagine what success looks ever-broadening definition of what creates jobs. They told Democrats to quit trum- ‘‘Welfare spending has grown enor- like to them. It’s my hope that this mously since President Lyndon B. Election Day, or ideally before, that peting a $104 billion bill on the Senate floor as a job creator and argued that it merely Johnson launched the War on Poverty. the ruling liberal Democrats learn the continues existing tax breaks and spending Welfare spending was 13 times greater lesson that, ‘‘When you’re in a hole, that are extended every year. in FY 2008, after adjusting for infla- stop digging.’’ ‘‘The bill before us creates no new jobs, tion, than it was when the War on Pov- Mr. Speaker, at this time I’d like to and I challenge my Democratic friends to erty started in 1964. Means-tested wel- say The Washington Times had it right show us how doing what we always do and what was done last year—extending the R&D fare spending was 1.2 percent of the on March 3, 2010. Every bill that comes gross domestic product, the GDP, when before the House these days is called a tax credit, extending COBRA insurance, extending unemployment benefits—creates President Johnson began the War on jobs bill. The title was, ‘‘Lawmakers jobs,’’ said Sen. Jon Kyl, Arizona Repub- Poverty. In 2008, it reached 5 percent of cry ‘jobs’ to push through bills.’’ That’s lican. GDP . . . what we see happening over and over Sen. Max Baucus, Montana Democrat, said ‘‘Since the beginning of the War on and over and over again by our col- saving jobs is just as important as creating Poverty, taxpayers have given $15.9 leagues. Again, they can’t stand to say them. If Congress allows tax cuts to expire, trillion (in inflation-adjusted 2008 dol- that they’re increasing welfare in this he said, jobs definitely would be lost. lars) to means-tested welfare. In com- country. They’re trying to say this is ‘‘If the provisions we are seeking merely to extend were not passed, it would be a job de- parison, the cost of all other wars in creating jobs. It’s not going to create stroyer,’’ Mr. Baucus said. U.S. history was $6.4 trillion (in infla- jobs, Mr. Speaker. Members of both sides of the aisle are join- tion-adjusted 2008 dollars).’’ We can start today, though, by re- ing the chorus. jecting this rule, rejecting the under- Sen. John Thune, South Dakota Repub- My colleague across the aisle wants lying bill and doing something about lican, offered an amendment to the $104 bil- to blame our deficit on the war, and real jobs. lion extenders bill that would redirect yet, we’re spending much, much more Mr. Speaker, I would like to insert unspent money from last year’s $862 billion on welfare than we are spending on The Washington Times article into the stimulus bill to let small businesses write off war, and we have done that since the more investments and give them a capital- sixties. RECORD. gains tax cut. [From The Washington Times, Mar. 3, 2010] ‘‘True job creation doesn’t happen when ‘‘In his first two years in office, LAWMAKERS CRY ‘‘JOBS’’ TO PUSH THROUGH the government adds jobs; it grows when President Barack Obama will increase BILLS small businesses are given the incentives to annual Federal welfare spending by (By Stephen Dinan) thrive,’’ he said. one-third, from $522 billion to $697 bil- Meanwhile, the top Democrat and top Re- lion. The combined 2-year increase will It was a modest measure to designate sev- publican on the Senate Foreign Relations eral thousand beachfront acres of St. Croix equal almost $263 billion . . . After ad- Committee are sponsoring the immigration justing for inflation, this increase is as a National Historic Site, but in the hands bill to increase visas for entrepreneurs. of a skilled congressman such as Rep. Nick It’s sometimes tough to see how the jobs two-and-a-half times greater than any J. Rahall II, it became yet another jobs bill. math adds up. previous increase in Federal welfare Likewise the Travel Promotion Act, which The administration has estimated that the spending in U.S. history. As a share of would create a nonprofit group to push U.S. $862 billion stimulus act would create up to the economy, annual Federal welfare tourism, has been billed as a job-producing 3.5 million jobs, which would seem like a bad machine by Senate Majority Leader Harry spending will rise by roughly 1.2 per- deal if a $15 billion highway funding exten- cent of GDP.’’ Reid, Nevada Democrat. sion could create 1 million jobs alone, as Mr. It doesn’t stop there—backers last week Reid has said on the Senate floor. Americans are already frightened to unveiled a bipartisan bill to create a visa Mr. Reid also has said a health care over- death of our deficit. Now they’re going category for entrepreneurs, predicting it haul ‘‘would create 400,000 jobs a year,’’ and to see why a large part of that deficit ‘‘will create jobs in America.’’ that his travel promotion bill ‘‘will create is here. From immigration to clean energy to ex- tens of thousands of jobs in the service in- ‘‘While campaigning for the Presi- panding the social safety net, there’s no bet- dustry.’’ ter way to grease the skids for new govern- ‘‘It is a jobs bill, and that is an understate- dency, Obama lamented that ‘the war ment programs in Washington nowadays ment,’’ he said. in Iraq is costing each household about than to declare them job-producing bills, Among the other job creators being touted, $100 per month.’ ’’ Let me say that then watch supporters line up and potential the beachfront historic site in the U.S. Vir- again. ‘‘The war in Iraq is costing each opposition crumble. gin Islands stands out. household about $100 per month,’’ When Mr. Reid dubbed as a jobs bill a sim- Democrats, arguing for the bill in January, President Obama said. ple $15 billion measure to offer payroll tax said designating the site and spending the breaks and continued highway construction $40 million or more to acquire the land will funding, it helped head off a potential Repub- transform it into a popular tourist destina- b 1230 lican filibuster. Likewise, the Trade Pro- tion. motion Act, which would tout the U.S. as an ‘‘It will create jobs and help ease unem- Applying the same standard to international tourist destination, sailed ployment on the island,’’ said Mr. Rahall, means-tested welfare spending means through the Senate after it was tagged with the West Virginia Democrat who shepherded that welfare will cost each household the almighty jobs-bill moniker. the bill through the House. $560 per month in 2009 and $638 per Given an unemployment rate hovering Dubious Republicans pointed out that the month in 2010.’’ near 10 percent, the focus on jobs is not sur- cost of a ticket from the U.S. to the island Go on and make all your comparisons prising. and the travel time make it unlikely that you want to about how much is being House and Senate lawmakers raised the the new historic site would be a major eco- jobs issue on the chamber floors at least 154 nomic draw. spent on the war. Keeping this Nation times over the past week, and the jobs issue ‘‘Let’s quit spending like crazy. Let’s sell safe is the role of the Federal Govern- is more popular in Congress now than it has off some of our assets, pay down our debt and ment.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6303 ‘‘Most of Obama’s increases in wel- there was a drop in job growth right Emergency Fund for Job Creation and fare spending are permanent expan- after 9/11, but then there was a 46- Assistance, but only 25 percent of the sions of the welfare state, not tem- month steady increase of jobs up to 8.1 $4 billion in welfare emergency funds porary increases in response to the cur- million. If you look at President has been spent on jobs. rent recession. According to the long- Obama’s administration, there has I urge a ‘‘no’’ vote on the bill, Mr. term spending plans set forth in been a loss of over 3 million jobs. Speaker, and on the rule. Obama’s FY 2010 budget, combined Now, I know our friends can count I yield back the balance of my time. Federal and State spending will not this lots of different ways. Another drop significantly after the recession way that Scott Hennessey has said we Mr. HASTINGS of Florida. Mr. ends. In fact, by 2014, welfare spending should do it is to look at the average Speaker, would you be kind enough to is likely to equal $1 trillion per year.’’ unemployment rate during a Presi- tell me how much time I have remain- According to President Obama’s dent’s time in office. This clearly ing. budget projections, Federal and State shows that under President Obama our The SPEAKER pro tempore. The gen- welfare spending will total $10.3 trillion average unemployment rate has been tleman has 14 minutes remaining. over the next 10 years, FY 2009 to FY 9.5 percent, under President Bush, 5.3 Mr. HASTINGS of Florida. I yield 2018. This spending will equal $250,000 percent. I think that tells the tale. So myself such time as I may consume. for each person currently living in pov- they can talk about creating jobs; they Mr. Speaker, you know, Paul erty in the U.S., or $1 million for a can talk about all their wonderful poli- Krugman wrote an article in The New family of four. cies. York Times sometime back, and he is ‘‘Over the next decade, Federal All their wonderful policies have cre- the Nobel Prize winning economist. On spending will equal $7.5 trillion, while ated this hole that we are in. They July 20 he talked about ‘‘Tax Cut State spending will reach $2.8 trillion. should stop digging, Mr. Speaker, in- Truthiness.’’ These figures do not include any of the stead of continuing to dig. increases in health care expenditure Without reading the entire article, he The evidence is here, Mr. Speaker. cites to Erick Erickson and says, ‘‘But currently being debated in Congress.’’ The liberal Democrat agenda has This was written in 2009 before the I think we have part of the key to how failed. They need to go back to the Republicans can believe that returning health care bill was passed. drawing board and come back to the ‘‘In the years ahead, average annual to the Bush agenda is exactly what we American people with real solutions to welfare spending will be roughly twice need: they’ve invented themselves an the real problems of the American peo- the spending levels under President alternate history in which wonderful ple. Bill Clinton after adjusting for total things happened under Bush, and ear- This isn’t time to dither and blame inflation. Total means-tested spending lier booms have been sent down the the Republican minority for the dis- is likely to average 6 percent of GDP memory hole.’’ appointing collapse of governance we for the next decade.’’ Now, I have had the good fortune of have seen since the liberal regime I am ending my quote of the Heritage being here in the minority and in the seized control of Congress in 2007, or article. majority. I served 8 years under Presi- blame President Bush for everything Mr. Speaker, the American people dent Bush in the minority. I also bad that they have done. are frightened to death. That’s what I served 8 years during the Clinton ad- Mr. Speaker, I will point out again hear every weekend when I go home, ministration. frightened to death about the direction that this bill is a welfare emergency fund expansion. H.R. 5893 will add $5 My late mom had a statement about of this country. They can identify the all of us as politicians. She used to say, fact that we are spending too much. billion to the welfare emergency fund, doubling this fund the Democrats cre- if you are going to say that George It’s helpful to show them where some H.W. Bush did it, then you have to say of that money is going and to balance ated in their 2009 stimulus bill, again, an example of the fact that the stim- that Jimmy Carter did it and then out the misinformation our colleagues somebody else will say that Reagan did are giving out across the aisle about ulus has failed miserably. The Democrats’ welfare emergency it. She said why don’t you all just this issue. admit it that George Washington did it Mr. Speaker, this rule and this bill fund expansion would especially ben- and get it over with so as how you need to be rejected. I could go on and efit States that have increased welfare don’t have to keep pointing fingers at on about the jobs situation. We know case loads and spending on welfare each other. full well that our colleagues like to most. The new welfare money will be brag about how many jobs that they paid to States in FY 2011, a third fiscal My distinguished colleague from have created. year since this welfare emergency fund North Carolina just certainly misspoke I am only going to show a couple of started. and didn’t mean to when she said that posters because we talk about this a Democrats are trying to re-brand this particular measure isn’t scored. lot, but I think it’s very, very impor- this welfare emergency fund to seem to Mr. Speaker, I submit for the RECORD tant to do it. I would like to show the be all about jobs. It’s not. the Preliminary CBO Estimate of job increases and jobs lost across the After calling it the emergency con- Changes in Revenue and Direct Spend- Presidencies of President Bush and tingency fund for State Temporary As- ing of the Investing in America Jobs President Obama. sistance for Needy Family Programs and Closing Tax Loopholes Act of 2010. If we look at this, we will see that for the last 2 years, Democrats now I might add that it points out that it is from the time President Bush came in, propose to rename this program the revenue neutral, as I said previously.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6304 CONGRESSIONAL RECORD — HOUSE July 29, 2010

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Insert offset folio 858/1 here eh29jy10.001 July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6305 I am so glad that my colleague and I cost this country. I did not vote for us provisions for low-income families in come from virtually all the same kinds to go to Iraq, and I am glad I didn’t. I this country. They stripped out, by of backgrounds, if you read her biog- did not vote for the supplemental that saying no, oil disaster response. raphy and you read my own. We also we passed 2 days ago, and I am glad I National Flood Insurance, something have been advantaged in this society didn’t because it didn’t include things that has been around that has helped a by taking advantage of the opportuni- that should have been included. I lot of us all over America, they ties that were presented to us. might add that I can’t make Afghani- stripped that out. I don’t think that But where we parted company some- stan make sense when I see the number it’s outrageous that it was in there. where along the line, well she didn’t of young Americans that are being Mine safety—and we’ve seen what want, evidently, to give opportunity to killed in that particular theater. But I happened in West Virginia—I don’t those who have no opportunity. I have do know this: Joseph Stiglitz, who is a think taking that out was the right been taught all of my life to do every- economics Nobel Laureate, claimed the thing to do; I certainly don’t think it thing I can for the least of these in so- Iraq war will cost the United States was outrageous to leave it in there. ciety. Now, I heard her, and I agree more than $3 trillion, and he said the Federally declared disaster areas, that the role of government identified final tally is likely to climb much where floods and drought and other in the United States Constitution higher than that. There are others who matters have gone on. Agriculture dis- clearly points out that national secu- believe that the conflicts in Iraq and aster relief was taken out of this meas- rity is the role, and a primary role, of Afghanistan have cost Americans a ure, and I’m here to believe that it was the Congress. staggering $1 trillion to date, second outrageous? Other expiring disaster re- But promoting the general welfare is only, in inflation-adjusted dollars, to lief programs were as well. also a role of Congress. When I see, as the $4 trillion price tag for World War Now some of the things that are in I do, at the pantry in Fort Lauderdale, II. It cost us $1.1 million per man and there, some of the things that are in it them not having the funds to carry for- woman in uniform in Afghanistan. Now that I don’t think are outrageous: It ward, when I see the food bank on Oak- somebody make it make sense to me extends the Build America Bonds pro- land Park, that’s less than nine blocks that it’s all right for us to continue gram that everybody in this institu- from the office where I am privileged down that path while it’s not all right tion knows has been successful for to serve the people of the State of Flor- for us to have temporary assistance for State and local government. It makes ida, when I see it robbed by thieves so needy families. additional allocation of recovery zone that they can’t help the needy, I know Mr. Speaker, the legislation before us bonds to ensure that each local munici- that out there somewhere are people today is another tool that State and pality receives the minimum alloca- that are hurting, and they are hurting local governments can use to invest in tion or equal to at least its share of na- that people need our help. infrastructure development and put tional employment in December of 2009. I certainly don’t think that’s out- b 1240 much-needed cash and jobs into the economy. I am well aware that Repub- rageous. And they need our help whether it’s licans object to the expeditious nature And I might add my colleague Mr. from the Federal Government or the of this legislation. However, the provi- DREIER also referred, as did Dr. FOXX, State government or the local govern- sions in this legislation have already to the outrageousness. I don’t think it ment, they need our help. And to sug- been debated and considered on numer- is outrageous to exclude bonds financ- gest by any stretch of the imagination ous other occasions, and we do need to ing facilities that furnish water and that it is wrong for us to help those act quickly. sewage from State volume caps esti- who are in need is anathema to my When we sent it, Mr. Speaker, to the mated to cost $371 million over 10 background. And that isn’t because I United States Senate, these are the years. am a liberal Democrat; that is because things that were included. My col- Is it outrageous to eliminate the cost I am an American citizen who believes league began her remarks today by imposed on State and local govern- in America and who believes in all of saying that it’s outrageous. I find it in- ments by the alternative minimum its people, whether they are rich or teresting that she cited as one of the tax, estimated to cost $224 million over whether they are poor. definitions of outrageous, ‘‘exceeding 10 years? Is it outrageous to have new Now, I don’t believe at all that this the limits of what is normal or toler- market tax credits? Is it outrageous to YouCut project that my friends have able.’’ It also describes outrageous as have emergency job fund creation and created allows that States do anything ‘‘whatever is so flagrantly bad that assistance, scheduled to expire on Sep- less than be incentivized by using the one’s sense of decency or one’s power tember 30, to extend that through 2011? temporary assistance for needy fami- to suffer or tolerate is violated.’’ I don’t think it’s outrageous to sus- lies. No less an authority than the Now, I fall into that second category pend the recognition of foreign tax former chairman of the National Re- and believe that small business lending credits. And even though it is a legal publican Party, Haley Barbour, who is is not outrageous. That was what was entity in our law, as my colleague has now a member of the National Gov- sent to the Senate that Republicans said, I don’t think it’s outrageous that ernors Association—and I might add, said no about. I believe that infrastruc- we close tax loopholes that allow support for this temporary assistance ture investments are not outrageous. American corporations to take Amer- program is expected to and sought to Much of that that was sent to the Sen- ican jobs abroad and cause this econ- be brought onboard by the National ate was what Republicans said no omy to continue to be exacerbated. Governors Association; they support it, about. I don’t think it’s outrageous for us to the National Conference of State Leg- Business tax relief; I certainly don’t offset the cost of this bill. However, the islatures, they support it, and the Na- believe that that is outrageous, and provisions in this legislation, as I indi- tional Association of Counties have all that’s what was stripped out in the cated, have already been debated and urged Congress to continue the TANF United States Senate by Republicans considered on numerous other occa- as a way to create jobs and assist fami- and was not voted on by Republicans in sions. In fact, we have already pared lies. Listen to what Haley—who I hap- this particular body. down this legislation from the larger pen to know and I happen to think is a Individual tax cuts. TANF jobs and measure that I just talked about that distinguished American and an out- emergency funding that we now have the House already passed because the standing Governor of Mississippi—lis- some of. Veterans concurrent receipt, I Senate could not get enough votes ten to what Haley said on February 17. don’t think that’s outrageous. The Na- from the Republicans for passage in He said, I hope the program will be ex- tional Housing Trust Fund, I don’t their body. tended so more jobs could be created. think in a time of downturn in this Now, America can continue to put up Now that’s a conservative for you. economy, with one out of every five with these people that drove us in the Now my colleague on the other side, Americans facing foreclosure or in ditch and give them the keys if they I have been very anxious and very con- foreclosure, I certainly don’t think want to and expect that if we return to cerned that evidently people in this that that is outrageous. I don’t think that era, that we are going to have body do not understand how much Iraq it’s outrageous to hold harmless the prosperity. I don’t think so. I saw what

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6306 CONGRESSIONAL RECORD — HOUSE July 29, 2010 happened. I believe Americans saw by its Majority Leader or his designee in the Suspending the rules with regard to what happened. motion to recess or adjourn, or until the H.R. 3040. The programs that we are consid- time of any reassembly pursuant to section 2 The vote was taken by electronic de- ering are designed especially to assist of this concurrent resolution, whichever oc- vice, and there were—yeas 231, nays curs first. the American people in times of eco- SEC. 2. (a) The Majority Leader of the Sen- 189, not voting 12, as follows: nomic hardship, just like the one our ate or his designee, after consultation with [Roll No. 483] Nation is currently facing. We need to the Minority Leader of the Senate, shall no- YEAS—231 act to help Americans, not find ever- tify the Members of the Senate to reassem- Ackerman Green, Al Obey more excuses not to help. Republicans ble at such place and time as he may des- Baca Green, Gene Olson have been consistently saying ‘‘no’’ on ignate if, in his opinion, the public interest Baird Grijalva Olver every jobs package and economic de- shall warrant it. Baldwin Gutierrez Ortiz Barrow Hall (NY) Owens velopment legislation that we have put (b) After reassembling pursuant to subsection (a), when the Senate recesses or ad- Bartlett Halvorson Pallone forward in this House of Representa- journs on a motion offered pursuant to this Becerra Hare Pascrell tives. subsection by its Majority Leader or his des- Berkley Harman Pastor (AZ) Berman Hastings (FL) Paul Mr. Speaker, Republicans in this ignee, the Senate shall again stand recessed Berry Heinrich Payne Chamber are against everything com- or adjourned pursuant to the first section of Bishop (GA) Higgins Perlmutter ing their way from the Democratic side this concurrent resolution. Blumenauer Hill Peterson of the aisle. They want to block any The SPEAKER pro tempore. The con- Boren Himes Pingree (ME) Boswell Hinchey Polis (CO) job creation legislation in order to current resolution is not debatable. Boucher Hinojosa Pomeroy make Democrats look bad for the up- The concurrent resolution was agreed Boyd Hirono Posey coming election, but they are doing so to. Brady (PA) Hodes Price (NC) Braley (IA) Holden Quigley at the expense of the American people. A motion to reconsider was laid on Brown, Corrine Holt Rahall b 1250 the table. Butterfield Honda Reyes f Capps Hoyer Richardson This legislation will help. This legis- Capuano Inslee Rodriguez lation does not add one nickel to the PROVIDING FOR AN Cardoza Israel Ross ADJOURNMENT OF THE HOUSE Carnahan Jackson (IL) Rothman (NJ) deficit and does not contain wasteful Carson (IN) Jackson Lee Roybal-Allard spending. Democrats are hard at work Mr. HASTINGS of Florida. Mr. Castor (FL) (TX) Ruppersberger on an agenda to improve our economy, Speaker, I send to the desk a privileged Chaffetz Johnson (GA) Rush to create jobs, and to ensure that all Chandler Johnson (IL) Ryan (OH) concurrent resolution and ask for its Childers Johnson, E. B. Salazar Americans—all Americans—will be immediate consideration. Chu Jones Sa´ nchez, Linda able to take advantage of opportunities The Clerk read the concurrent reso- Clarke Kagen T. and to have an opportunity to have op- Clay Kanjorski Sanchez, Loretta lution, as follows: Cleaver Kaptur Sarbanes portunity as our economy recovers. H. CON. RES. 308 Clyburn Kennedy Schakowsky I hope that my colleagues on the Re- Resolved by the House of Representatives (the Coffman (CO) Kildee Schiff Cohen Kilpatrick (MI) Schrader publican side of the aisle will unite Senate concurring), That, in consonance with with us to help Americans in these Conyers Kind Schwartz section 132(a) of the Legislative Reorganiza- Cooper Kirkpatrick (AZ) Scott (GA) most difficult economic times. tion Act of 1946, when the House adjourns on Costa Kissell Scott (VA) Mr. Speaker, I am prepared to urge a any legislative day from Thursday, July 29, Costello Kucinich Serrano ‘‘yes’’ vote on the previous question 2010, through Tuesday, August 3, 2010, on a Courtney Langevin Shea-Porter and on the rule. motion offered pursuant to this concurrent Critz Larsen (WA) Sherman resolution by its Majority Leader or his des- Crowley Larson (CT) Shuler I yield back the balance of my time, Cuellar Lee (CA) Sires ignee, it stand adjourned until 2 p.m. on and I move the previous question on Cummings Levin Skelton Tuesday, September 14, 2010, or until the the resolution. Dahlkemper Lewis (GA) Slaughter time of any reassembly pursuant to section 2 Davis (AL) Lipinski Smith (WA) The previous question was ordered. of this concurrent resolution, whichever oc- Davis (CA) Loebsack Snyder The SPEAKER pro tempore. The curs first. Davis (IL) Lofgren, Zoe Space question is on the resolution. SEC. 2. (a) The Speaker or her designee, Davis (TN) Lowey Speier The question was taken; and the after consultation with the Minority Leader DeFazio Luetkemeyer Spratt DeGette Luja´ n Stark Speaker pro tempore announced that of the House, shall notify the Members of the Delahunt Lummis Stupak the ayes appeared to have it. House to reassemble at such place and time DeLauro Maloney Sutton Ms. FOXX. Mr. Speaker, on that I de- as she may designate if, in her opinion, the Deutch Markey (MA) Tanner public interest shall warrant it. Dicks Marshall Taylor mand the yeas and nays. (b) After reassembling pursuant to sub- Dingell Matheson Thompson (CA) The yeas and nays were ordered. section (a), when the House adjourns on a Doggett Matsui Thompson (MS) The SPEAKER pro tempore. Pursu- motion offered pursuant to this subsection Doyle McCarthy (NY) Tierney ant to clause 8 of rule XX, further pro- Driehaus McCollum Titus by its Majority Leader or his designee, the Edwards (MD) McDermott Tonko ceedings on this question will be post- House shall again stand adjourned pursuant Edwards (TX) McGovern Towns poned. to the first section of this concurrent resolu- Ehlers McIntyre Tsongas tion. Ellison McMahon Van Hollen f Engel Meek (FL) Vela´ zquez The SPEAKER pro tempore. The con- Eshoo Meeks (NY) Visclosky PROVIDING FOR AN current resolution is not debatable. ADJOURNMENT OF THE SENATE Etheridge Melancon Walz The question is on the concurrent Farr Miller (NC) Wasserman Mr. HASTINGS of Florida. Mr. resolution. Fattah Miller, George Schultz Filner Mollohan Waters Speaker, I send to the desk a privileged The question was taken; and the Flake Moore (KS) Watt concurrent resolution and ask for its Speaker pro tempore announced that Frank (MA) Moore (WI) Waxman immediate consideration. the ayes appeared to have it. Fudge Moran (VA) Weiner The Clerk read the concurrent reso- Garamendi Murphy (CT) Welch Ms. FOXX. Mr. Speaker, on that I de- Gohmert Nadler (NY) Wilson (OH) lution, as follows: mand the yeas and nays. Gonzalez Napolitano Woolsey H. CON RES. 307 The yeas and nays were ordered. Gordon (TN) Neal (MA) Wu Grayson Oberstar Yarmuth Resolved by the House of Representatives (the The SPEAKER pro tempore. Pursu- Senate concurring), That, in consonance with ant to clause 8 of rule XX, this 15- NAYS—189 section 132(a) of the Legislative Reorganiza- minute vote on adopting House Concur- Aderholt Barton (TX) Boccieri tion Act of 1946, when the Senate recesses or rent Resolution 308 will be followed by Adler (NJ) Bean Boehner adjourns on any day from Thursday, August 5-minute votes on: Alexander Biggert Bonner Altmire Bilbray Bono Mack 5, 2010, through Saturday, August 14, 2010, on Ordering the previous question on a motion offered pursuant to this concurrent Arcuri Bilirakis Boozman resolution by its Majority Leader or his des- House Resolution 1569; Austria Bishop (NY) Boustany Adopting House Resolution 1569, if Bachmann Bishop (UT) Brady (TX) ignee, it stand recessed or adjourned until Bachus Blackburn Bright noon on Monday, September 13, 2010, or such ordered; Barrett (SC) Blunt Broun (GA) other time on that day as may be specified Adopting House Resolution 1568; and

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6307 Brown (SC) Hensarling Nunes The SPEAKER pro tempore. The Bonner Graves (GA) Mitchell Brown-Waite, Herger Nye question is on ordering the previous Bono Mack Graves (MO) Murphy, Tim Ginny Herseth Sandlin Paulsen Boozman Griffith Myrick Buchanan Hunter Pence question. Boustany Guthrie Neugebauer Burgess Inglis Perriello This is a 5-minute vote. Brady (TX) Hall (TX) Nunes Burton (IN) Issa Peters The vote was taken by electronic de- Bright Harper Nye Calvert Jenkins Petri Broun (GA) Hastings (WA) Olson Camp Johnson, Sam Pitts vice, and there were—yeas 236, nays Brown (SC) Heller Paul Campbell Jordan (OH) Platts 179, not voting 17, as follows: Brown-Waite, Hensarling Paulsen Cantor Kilroy Poe (TX) Ginny Herger [Roll No. 484] Pence Cao King (IA) Price (GA) Buchanan Hill Petri Capito King (NY) Putnam YEAS—236 Burgess Hunter Pitts Carney Kingston Radanovich Burton (IN) Inglis Ackerman Gutierrez Olver Platts Carter Kirk Rangel Calvert Issa Altmire Hall (NY) Ortiz Posey Cassidy Kline (MN) Rehberg Camp Jenkins Arcuri Halvorson Owens Price (GA) Castle Kosmas Reichert Campbell Johnson (IL) Baca Hare Pallone Putnam Coble Kratovil Roe (TN) Cantor Johnson, Sam Baird Harman Radanovich Cole Lamborn Rogers (AL) Pascrell Cao Jones Baldwin Hastings (FL) Rehberg Conaway Lance Rogers (KY) Pastor (AZ) Capito Jordan (OH) Barrow Heinrich Reichert Connolly (VA) Latham Rogers (MI) Payne Carter King (IA) Bean Herseth Sandlin Roe (TN) Crenshaw LaTourette Rohrabacher Perlmutter Cassidy King (NY) Becerra Higgins Rogers (AL) Culberson Latta Rooney Perriello Castle Kingston Berkley Himes Rogers (KY) Davis (KY) Lee (NY) Ros-Lehtinen Peters Chaffetz Kirk Berman Hinchey Rogers (MI) Dent Lewis (CA) Roskam Peterson Childers Kirkpatrick (AZ) Berry Hinojosa Rohrabacher Diaz-Balart, L. Linder Royce Pingree (ME) Coble Kline (MN) Bishop (GA) Hirono Rooney Diaz-Balart, M. LoBiondo Ryan (WI) Polis (CO) Coffman (CO) Lamborn Bishop (NY) Hodes Djou Lucas Scalise Pomeroy Cole Lance Ros-Lehtinen Blumenauer Holden Donnelly (IN) Lungren, Daniel Schauer Price (NC) Conaway Latham Roskam Boccieri Holt Dreier E. Schmidt Quigley Crenshaw LaTourette Royce Boren Honda Duncan Mack Schock Rahall Culberson Latta Ryan (WI) Boswell Hoyer Ellsworth Maffei Sensenbrenner Rangel Davis (KY) Lee (NY) Scalise Boucher Inslee Emerson Manzullo Sessions Reyes Dent Lewis (CA) Schmidt Boyd Israel Fallin Marchant Sestak Richardson Diaz-Balart, L. Linder Schock Brady (PA) Jackson (IL) Fleming Markey (CO) Shimkus Rodriguez Diaz-Balart, M. LoBiondo Sensenbrenner Braley (IA) Jackson Lee Forbes McCarthy (CA) Shuster Ross Djou Lucas Sessions Brown, Corrine (TX) Fortenberry McCaul Simpson Rothman (NJ) Dreier Luetkemeyer Shimkus Butterfield Johnson (GA) Foster McClintock Smith (NE) Roybal-Allard Duncan Lummis Shuster Capps Johnson, E. B. Foxx McCotter Smith (NJ) Ruppersberger Ehlers Lungren, Daniel Simpson Capuano Kagen Franks (AZ) McHenry Smith (TX) Rush Ellsworth E. Smith (NE) Cardoza Kanjorski Frelinghuysen McKeon Stearns Ryan (OH) Emerson Mack Smith (NJ) Carnahan Kaptur Gallegly McMorris Sullivan Salazar Fallin Manzullo Smith (TX) Carney Kennedy Garrett (NJ) Rodgers Teague Sa´ nchez, Linda Flake Marchant Stearns Carson (IN) Kildee Gerlach McNerney Terry T. Fleming McCarthy (CA) Sullivan Castor (FL) Kilpatrick (MI) Giffords Mica Thompson (PA) Sanchez, Loretta Forbes McCaul Taylor Chandler Kilroy Gingrey (GA) Michaud Thornberry Sarbanes Fortenberry McClintock Terry Chu Kind Goodlatte Miller (FL) Tiberi Schakowsky Foxx McCotter Thompson (PA) Clarke Kissell Granger Miller (MI) Turner Schauer Franks (AZ) McHenry Thornberry Clay Klein (FL) Graves (GA) Miller, Gary Upton Schiff Frelinghuysen McIntyre Tiberi Cleaver Kosmas Graves (MO) Minnick Walden Schrader Gallegly McKeon Turner Clyburn Kratovil Griffith Mitchell Westmoreland Schwartz Garrett (NJ) McMorris Upton Cohen Kucinich Guthrie Murphy (NY) Whitfield Scott (GA) Gerlach Rodgers Walden Connolly (VA) Langevin Hall (TX) Murphy, Patrick Wilson (SC) Scott (VA) Giffords Mica Westmoreland Conyers Larsen (WA) Harper Murphy, Tim Wittman Serrano Gingrey (GA) Miller (FL) Whitfield Cooper Larson (CT) Hastings (WA) Myrick Wolf Sestak Gohmert Miller (MI) Wilson (SC) Costa Lee (CA) Heller Neugebauer Young (AK) Shea-Porter Goodlatte Miller, Gary Wittman Costello Levin Granger Minnick Wolf Courtney Lewis (GA) Sherman NOT VOTING—12 Shuler Critz Lipinski NOT VOTING—17 Akin Klein (FL) Tiahrt Crowley Loebsack Sires Andrews Lynch Wamp Cuellar Lofgren, Zoe Skelton Akin Green, Gene Tiahrt Buyer Moran (KS) Watson Cummings Lowey Slaughter Andrews Hoekstra Wamp Hoekstra Shadegg Young (FL) Dahlkemper Luja´ n Smith (WA) Bilbray Lynch Watson Davis (AL) Maffei Snyder Buyer Moran (KS) Young (AK) b 1323 Davis (CA) Maloney Space Farr Poe (TX) Young (FL) Davis (IL) Markey (CO) Speier Garamendi Shadegg Messrs. ARCURI and SESTAK Spratt Davis (TN) Markey (MA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE changed their vote from ‘‘yea’’ to DeFazio Marshall Stark ‘‘nay.’’ DeGette Matheson Stupak The SPEAKER pro tempore (during Messrs. JOHNSON of Illinois, BART- Delahunt Matsui Sutton the vote). All Members have 1 minute LETT of Maryland, INSLEE, DeLauro McCarthy (NY) Tanner to vote. Deutch McCollum Teague GOHMERT, and Mrs. LUMMIS changed Dicks McDermott Thompson (CA) b 1332 their vote from ‘‘nay’’ to ‘‘yea.’’ Dingell McGovern Thompson (MS) So the concurrent resolution was Doggett McMahon Tierney So the previous question was ordered. Donnelly (IN) McNerney Titus The result of the vote was announced agreed to. Doyle Meek (FL) Tonko The result of the vote was announced Driehaus Meeks (NY) Towns as above recorded. as above recorded. Edwards (MD) Melancon Tsongas The SPEAKER pro tempore. The Edwards (TX) Michaud Van Hollen question is on the resolution. A motion to reconsider was laid on ´ Ellison Miller (NC) Velazquez The question was taken; and the the table. Engel Miller, George Visclosky Speaker pro tempore announced that f Eshoo Mollohan Walz Etheridge Moore (KS) Wasserman the ayes appeared to have it. Fattah Moore (WI) Schultz PROVIDING FOR CONSIDERATION RECORDED VOTE Filner Moran (VA) Waters OF H.R. 5850, TRANSPORTATION, Foster Murphy (CT) Watt Ms. FOXX. Madam Speaker, I de- HOUSING AND URBAN DEVELOP- Frank (MA) Murphy (NY) Waxman mand a recorded vote. MENT, AND RELATED AGENCIES Fudge Murphy, Patrick Weiner A recorded vote was ordered. APPROPRIATIONS ACT, 2011 Gonzalez Nadler (NY) Welch Gordon (TN) Napolitano Wilson (OH) The SPEAKER pro tempore. This The SPEAKER pro tempore (Ms. LO- Grayson Neal (MA) Woolsey will be a 5-minute vote. RETTA SANCHEZ of California). The un- Green, Al Oberstar Wu The vote was taken by electronic de- Grijalva Obey Yarmuth finished business is the vote on order- vice, and there were—ayes 231, noes 185, ing the previous question on House NAYS—179 not voting 16, as follows: Resolution 1569, on which the yeas and Aderholt Bachus Bilirakis [Roll No. 485] nays were ordered. Adler (NJ) Barrett (SC) Bishop (UT) Alexander Bartlett Blackburn AYES—231 The Clerk read the title of the resolu- Austria Barton (TX) Blunt Ackerman Altmire Baca tion. Bachmann Biggert Boehner Adler (NJ) Arcuri Baird

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6308 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Baldwin Halvorson Olver Foxx Lewis (CA) Radanovich Butterfield Hodes Perlmutter Barrow Hare Ortiz Frelinghuysen Linder Rehberg Capps Holden Perriello Bean Harman Owens Gallegly LoBiondo Reichert Capuano Holt Peters Becerra Hastings (FL) Pallone Garrett (NJ) Lucas Roe (TN) Cardoza Honda Peterson Berkley Heinrich Pascrell Gerlach Luetkemeyer Rogers (AL) Carnahan Hoyer Pingree (ME) Berman Higgins Pastor (AZ) Giffords Lummis Rogers (KY) Carney Inslee Polis (CO) Berry Himes Payne Gingrey (GA) Lungren, Daniel Rogers (MI) Carson (IN) Jackson (IL) Pomeroy Bishop (GA) Hinchey Perlmutter Gohmert E. Rohrabacher Castor (FL) Jackson Lee Price (NC) Bishop (NY) Hinojosa Perriello Goodlatte Mack Rooney Chandler (TX) Quigley Blumenauer Hirono Peters Granger Manzullo Ros-Lehtinen Chu Johnson (GA) Rahall Boccieri Hodes Peterson Graves (GA) Marchant Roskam Clarke Johnson, E. B. Rangel Boren Holden Pingree (ME) Graves (MO) Matheson Royce Clay Kagen Reyes Boswell Holt Polis (CO) Griffith McCarthy (CA) Ryan (WI) Cleaver Kanjorski Richardson Boucher Honda Pomeroy Guthrie McCaul Scalise Clyburn Kaptur Rodriguez Boyd Hoyer Price (NC) Hall (TX) McClintock Schmidt Cohen Kennedy Ross Harper McCotter Connolly (VA) Kildee Brady (PA) Inslee Rahall Schock Rothman (NJ) Hastings (WA) McHenry Conyers Kilpatrick (MI) Braley (IA) Israel Rangel Sensenbrenner Roybal-Allard Brown, Corrine Jackson (IL) Reyes Heller McKeon Cooper Kilroy Sessions Ruppersberger Butterfield Jackson Lee Richardson Hensarling McMorris Costa Kind Shimkus Rush Capps (TX) Rodriguez Herger Rodgers Costello Kirkpatrick (AZ) Shuler Ryan (OH) Capuano Johnson (GA) Ross Herseth Sandlin Mica Courtney Kissell Shuster Salazar Cardoza Johnson, E. B. Rothman (NJ) Hill Miller (FL) Critz Klein (FL) Simpson Sa´ nchez, Linda Carnahan Kagen Roybal-Allard Hunter Miller (MI) Crowley Kosmas Smith (NE) T. Carney Kanjorski Ruppersberger Inglis Miller, Gary Cuellar Kucinich Smith (NJ) Sanchez, Loretta Carson (IN) Kaptur Rush Issa Minnick Cummings Langevin Sarbanes Castor (FL) Kennedy Ryan (OH) Jenkins Mitchell Smith (TX) Dahlkemper Larsen (WA) Stearns Schakowsky Chandler Kildee Salazar Johnson (IL) Murphy (NY) Davis (AL) Larson (CT) Schauer ´ Sullivan Chu Kilpatrick (MI) Sanchez, Linda Johnson, Sam Murphy, Tim Davis (CA) Lee (CA) Schiff Jones Myrick Taylor Davis (IL) Levin Clarke Kilroy T. Schrader Jordan (OH) Neugebauer Terry Davis (TN) Lewis (GA) Clay Kind Sanchez, Loretta Schwartz King (IA) Nye Thompson (PA) DeFazio Lipinski Cleaver Kirkpatrick (AZ) Sarbanes Scott (GA) King (NY) Olson Thornberry DeGette Loebsack Clyburn Kissell Schakowsky Scott (VA) Cohen Klein (FL) Kingston Paul Tiberi Delahunt Lofgren, Zoe Schauer Serrano Connolly (VA) Kosmas Schiff Kirk Paulsen Turner DeLauro Lowey Sestak Conyers Kucinich Schrader Kline (MN) Pence Upton Deutch Luja´ n Shea-Porter Cooper Langevin Schwartz Kratovil Petri Walden Dicks Maffei Sherman Costa Larsen (WA) Scott (GA) Lamborn Pitts Westmoreland Dingell Maloney Sires Costello Larson (CT) Scott (VA) Lance Platts Whitfield Doggett Markey (CO) Skelton Courtney Lee (CA) Serrano Latham Posey Wilson (SC) Donnelly (IN) Markey (MA) Slaughter Critz Levin Sestak LaTourette Price (GA) Wittman Doyle Marshall Smith (WA) Cuellar Lewis (GA) Shea-Porter Latta Putnam Wolf Driehaus Matsui Snyder Cummings Lipinski Sherman Lee (NY) Quigley Young (AK) Edwards (MD) McCarthy (NY) Space Dahlkemper Loebsack Sires Edwards (TX) McCollum Speier Davis (AL) Lofgren, Zoe Skelton NOT VOTING—16 Ellison McDermott Spratt Davis (CA) Lowey Slaughter Akin Lynch Wamp Engel McGovern Stark Davis (IL) Luja´ n Smith (WA) Andrews Moran (KS) Watson Eshoo McIntyre Stupak Davis (TN) Maffei Snyder Crowley Nunes Waxman Etheridge McMahon Sutton DeFazio Maloney Space Farr Poe (TX) Farr McNerney Young (FL) Tanner DeGette Markey (CO) Speier Franks (AZ) Shadegg Fattah Meek (FL) Delahunt Markey (MA) Spratt Hoekstra Tiahrt Filner Melancon Taylor DeLauro Marshall Stark Foster Michaud Teague Deutch Matsui Stupak ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Frank (MA) Miller (NC) Thompson (CA) Dicks McCarthy (NY) Sutton The SPEAKER pro tempore (during Fudge Miller, George Thompson (MS) Tierney Dingell McCollum Tanner the vote). Members have 2 minutes to Garamendi Mollohan Doggett McDermott Teague Gonzalez Moore (KS) Titus Doyle McGovern Thompson (CA) vote. Gordon (TN) Moore (WI) Tonko Driehaus McIntyre Thompson (MS) Grayson Moran (VA) Towns Edwards (MD) McMahon Tierney b 1339 Green, Al Murphy (CT) Tsongas Edwards (TX) McNerney Titus Green, Gene Murphy, Patrick Van Hollen Ellison Meek (FL) Tonko So the resolution was agreed to. Grijalva Nadler (NY) Vela´ zquez Engel Meeks (NY) Towns The result of the vote was announced Gutierrez Napolitano Visclosky Eshoo Melancon Tsongas as above recorded. Hall (NY) Neal (MA) Walz Etheridge Michaud Van Hollen A motion to reconsider was laid on Halvorson Oberstar Wasserman Fattah Miller (NC) Vela´ zquez Hare Obey Schultz Filner Miller, George Visclosky the table. Harman Olver Watt Frank (MA) Mollohan Walz Hastings (FL) Ortiz Weiner Fudge Moore (KS) Wasserman f Heinrich Owens Welch Garamendi Moore (WI) Schultz Himes Pallone Wilson (OH) Gonzalez Moran (VA) Waters PROVIDING FOR CONSIDERATION Hinchey Pascrell Woolsey Gordon (TN) Murphy (CT) Watt OF H.R. 5893, INVESTING IN Hinojosa Pastor (AZ) Wu Grayson Murphy, Patrick Weiner AMERICAN JOBS AND CLOSING Hirono Payne Yarmuth Green, Al Nadler (NY) Welch TAX LOOPHOLES ACT OF 2010 Green, Gene Napolitano Wilson (OH) NAYS—182 Grijalva Neal (MA) Woolsey The SPEAKER pro tempore. The un- Aderholt Burgess Duncan Gutierrez Oberstar Wu finished business is the vote on adop- Alexander Burton (IN) Ehlers Hall (NY) Obey Yarmuth Austria Buyer Ellsworth tion of House Resolution 1568, on which Bachmann Calvert Emerson NOES—185 the yeas and nays were ordered. Bachus Camp Fallin Barrett (SC) Campbell Flake Aderholt Broun (GA) Cole The Clerk read the title of the resolu- Bartlett Cantor Fleming Alexander Brown (SC) Conaway tion. Barton (TX) Cao Forbes Austria Brown-Waite, Crenshaw The SPEAKER pro tempore. The Biggert Capito Fortenberry Bachmann Ginny Culberson Bilbray Carter Foxx Bachus Buchanan Davis (KY) question is on the resolution. Bilirakis Cassidy Franks (AZ) Barrett (SC) Burgess Dent This will be a 5-minute vote. Bishop (UT) Castle Frelinghuysen Bartlett Burton (IN) Diaz-Balart, L. The vote was taken by electronic de- Blackburn Chaffetz Gallegly Barton (TX) Buyer Diaz-Balart, M. vice, and there were—yeas 233, nays Blunt Childers Garrett (NJ) Biggert Calvert Djou Boehner Coble Gerlach Bilbray Camp Donnelly (IN) 182, not voting 17, as follows: Bonner Coffman (CO) Giffords Bilirakis Campbell Dreier [Roll No. 486] Bono Mack Cole Gingrey (GA) Bishop (UT) Cantor Duncan Boozman Conaway Gohmert Blackburn Cao Ehlers YEAS—233 Boustany Crenshaw Goodlatte Blunt Capito Ellsworth Ackerman Bean Boccieri Brady (TX) Culberson Granger Boehner Carter Emerson Adler (NJ) Becerra Boren Bright Davis (KY) Graves (GA) Bonner Cassidy Fallin Altmire Berkley Boswell Broun (GA) Dent Graves (MO) Bono Mack Castle Flake Arcuri Berman Boucher Brown (SC) Diaz-Balart, L. Griffith Boozman Chaffetz Fleming Baca Berry Boyd Brown-Waite, Diaz-Balart, M. Guthrie Boustany Childers Forbes Baird Bishop (GA) Brady (PA) Ginny Djou Hall (TX) Brady (TX) Coble Fortenberry Baldwin Bishop (NY) Braley (IA) Buchanan Dreier Harper Bright Coffman (CO) Foster Barrow Blumenauer Brown, Corrine

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6309 Hastings (WA) Marchant Rogers (KY) [Roll No. 487] Scott (GA) Speier Van Hollen Heller Matheson Rogers (MI) Scott (VA) Spratt Vela´ zquez Hensarling McCarthy (CA) Rohrabacher YEAS—335 Serrano Stark Visclosky Herger McCaul Sessions Stupak Rooney Ackerman Ehlers Luja´ n Walz Herseth Sandlin McClintock Sestak Sullivan Ros-Lehtinen Aderholt Ellison Lungren, Daniel Wasserman Hill McCotter Shea-Porter Sutton Roskam Adler (NJ) Ellsworth E. Schultz Hunter McHenry Sherman Tanner Royce Alexander Emerson Maffei Waters Inglis McKeon Shimkus Taylor Ryan (WI) Altmire Engel Maloney Watt Issa McMorris Shuler Teague Scalise Markey (CO) Weiner Jenkins Rodgers Arcuri Eshoo Sires Terry Schmidt Welch Johnson (IL) Mica Austria Etheridge Markey (MA) Skelton Thompson (CA) Schock Baca Fallin Marshall Whitfield Johnson, Sam Miller (FL) Sensenbrenner Slaughter Thompson (MS) Jones Miller (MI) Bachmann Farr Matheson Smith (NE) Tierney Wilson (OH) Sessions Bachus Fattah Matsui Wittman Jordan (OH) Miller, Gary Shimkus Smith (NJ) Titus King (IA) Minnick Baldwin Filner McCarthy (NY) Wolf Shuler Smith (TX) Tonko King (NY) Mitchell Barrow Forbes McCaul Smith (WA) Towns Woolsey Shuster Kingston Murphy (NY) Becerra Fortenberry McCollum Snyder Tsongas Wu Simpson Kirk Murphy, Tim Berkley Foster McCotter Space Turner Yarmuth Smith (NE) Kline (MN) Myrick Berman Frelinghuysen McDermott Smith (NJ) Kratovil Neugebauer Berry Fudge McGovern NAYS—81 Smith (TX) Biggert Lamborn Nunes Gallegly McHenry Baird Franks (AZ) Miller, Gary Stearns Bilbray Lance Nye Garamendi McIntyre Barrett (SC) Garrett (NJ) Myrick Sullivan Bilirakis Latham Olson Gerlach McMahon Bartlett Gingrey (GA) Nunes Terry Bishop (GA) LaTourette Paul Giffords McMorris Barton (TX) Goodlatte Olson Thompson (PA) Bishop (NY) Latta Paulsen Gohmert Rodgers Bean Graves (GA) Paul Blumenauer Lee (NY) Pence Thornberry Gonzalez McNerney Bishop (UT) Hastings (WA) Pence Blunt Lewis (CA) Petri Tiberi Gordon (TN) Meek (FL) Blackburn Hensarling Petri Boccieri Linder Pitts Turner Granger Meeks (NY) Boehner Herger Price (GA) Bonner LoBiondo Platts Upton Graves (MO) Melancon Bono Mack Hunter Radanovich Boozman Lucas Posey Walden Grayson Mica Brady (TX) Inglis Roe (TN) Boren Luetkemeyer Price (GA) Westmoreland Green, Al Michaud Broun (GA) Issa Rogers (MI) Boswell Lummis Putnam Whitfield Green, Gene Miller (NC) Brown (SC) Johnson (IL) Rohrabacher Boucher Lungren, Daniel Rehberg Wilson (SC) Griffith Miller, George Burgess Johnson, Sam Roskam Boustany E. Reichert Wittman Grijalva Minnick Burton (IN) Jordan (OH) Royce Boyd Mack Roe (TN) Wolf Guthrie Mitchell Buyer King (IA) Ryan (WI) Brady (PA) Manzullo Rogers (AL) Young (AK) Gutierrez Mollohan Camp Kingston Schmidt Braley (IA) Hall (NY) Moore (KS) Campbell Lamborn Sensenbrenner Bright NOT VOTING—17 Hall (TX) Moore (WI) Cantor Latta Simpson Brown, Corrine Halvorson Moran (VA) Akin Meeks (NY) Wamp Carter Lummis Stearns Brown-Waite, Hare Murphy (CT) Andrews Moran (KS) Waters Chaffetz Mack Thompson (PA) Ginny Harman Murphy (NY) Higgins Poe (TX) Coble Manzullo Thornberry Watson Buchanan Harper Murphy, Patrick Hoekstra Radanovich Coffman (CO) Marchant Tiberi Waxman Butterfield Hastings (FL) Murphy, Tim Israel Shadegg Conaway McCarthy (CA) Upton Young (FL) Calvert Heinrich Nadler (NY) Lynch Tiahrt Duncan McClintock Walden Cao Heller Napolitano Flake McKeon Westmoreland Capito ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Herseth Sandlin Neal (MA) Fleming Miller (FL) Wilson (SC) Capps Higgins Neugebauer Foxx Miller (MI) Young (AK) The SPEAKER pro tempore (during Capuano Hill Nye the vote). There are 2 minutes remain- Cardoza Himes Oberstar NOT VOTING—16 Carnahan Hinchey Obey ing in this vote. Akin Lynch Wamp Carney Hinojosa Olver Andrews Moran (KS) Carson (IN) Hirono Ortiz Watson Frank (MA) Schock Cassidy Hodes Owens Waxman b 1347 Hoekstra Shadegg Castle Holden Pallone Young (FL) Linder Shuster So the resolution was agreed to. Castor (FL) Holt Pascrell Loebsack Tiahrt The result of the vote was announced Chandler Honda Pastor (AZ) Childers Hoyer Paulsen as above recorded. Chu Inslee Payne b 1354 A motion to reconsider was laid on Clarke Israel Perlmutter the table. Clay Jackson (IL) Perriello So (two-thirds being in the affirma- Cleaver Jackson Lee Peters tive) the rules were suspended and the Clyburn (TX) Peterson bill, as amended, was passed. f Cohen Jenkins Pingree (ME) Cole Johnson (GA) Pitts The result of the vote was announced Connolly (VA) Johnson, E. B. Platts as above recorded. SENIOR FINANCIAL Conyers Jones Poe (TX) A motion to reconsider was laid on EMPOWERMENT ACT OF 2010 Cooper Kagen Polis (CO) Costa Kanjorski Pomeroy the table. The SPEAKER pro tempore. The un- Costello Kaptur Posey finished business is the vote on the mo- Courtney Kennedy Price (NC) f tion to suspend the rules and pass the Crenshaw Kildee Putnam Critz Kilpatrick (MI) Quigley PERSONAL EXPLANATION bill (H.R. 3040) to prevent mail, tele- Crowley Kilroy Rahall marketing, and Internet fraud tar- Cuellar Kind Rangel Mr. AKIN. Madam Speaker, on July 29, geting seniors in the United States, to Culberson King (NY) Rehberg 2010, I was absent from the House and Cummings Kirk Reichert promote efforts to increase public Dahlkemper Kirkpatrick (AZ) Reyes missed rollcall votes 483, 484, 485, 486 and awareness of the enormous impact that Davis (AL) Kissell Richardson 487. Had I been present, I would have voted mail, telemarketing, and Internet Davis (CA) Klein (FL) Rodriguez ‘‘no’’ on rollcall 483, ‘‘no’’ on rollcall 484, ‘‘no’’ fraud have on seniors, to educate the Davis (IL) Kline (MN) Rogers (AL) Davis (KY) Kosmas Rogers (KY) on rollcall 485, ‘‘no’’ on rollcall 486 and ‘‘yes’’ public, seniors, their families, and Davis (TN) Kratovil Rooney on rollcall 487. their caregivers about how to identify DeFazio Kucinich Ros-Lehtinen and combat fraudulent activity, and DeGette Lance Ross f Delahunt Langevin Rothman (NJ) for other purposes, as amended, on DeLauro Larsen (WA) Roybal-Allard which the yeas and nays were ordered. Dent Larson (CT) Ruppersberger GENERAL LEAVE The Clerk read the title of the bill. Deutch Latham Rush Mr. OLVER. Madam Speaker, I ask Diaz-Balart, L. LaTourette Ryan (OH) The SPEAKER pro tempore. The Diaz-Balart, M. Lee (CA) Salazar unanimous consent that all Members question is on the motion offered by Dicks Lee (NY) Sa´ nchez, Linda may have 5 legislative days in which to the gentleman from Virginia (Mr. Dingell Levin T. revise and extend their remarks and in- SCOTT) that the House suspend the Djou Lewis (CA) Sanchez, Loretta Doggett Lewis (GA) Sarbanes clude tabular and extraneous material rules and pass the bill, as amended. Donnelly (IN) Lipinski Scalise on H.R. 5850. This will be a 5-minute vote. Doyle LoBiondo Schakowsky The SPEAKER pro tempore. Is there The vote was taken by electronic de- Dreier Lofgren, Zoe Schauer objection to the request of the gen- Driehaus Lowey Schiff vice, and there were—yeas 335, nays 81, Edwards (MD) Lucas Schrader tleman from Massachusetts? not voting 16, as follows: Edwards (TX) Luetkemeyer Schwartz There was no objection.

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Every dollar invested in this ant to House Resolution 1569 and rule number of significant reductions from program returns over $2 to the local XVIII, the Chair declares the House in the budget request by not funding $4.8 economies and to the construction in- the Committee of the Whole House on billion in new, unauthorized initiatives dustry. the State of the Union for the consider- that were proposed by the administra- This bill also recognizes that, as the ation of the bill, H.R. 5850. tion, including the National Infrastruc- foreclosure crisis continues and with ture Bank, the Choice Neighborhoods experts estimating that a record 1 mil- b 1355 program, and a major program to lion households will lose homes in 2010, IN THE COMMITTEE OF THE WHOLE transform how our 3,200 public housing access to supportive services is crit- Accordingly, the House resolved authorities function. ical. itself into the Committee of the Whole b 1400 To that extent, the bill continues the House on the State of the Union for the Specifically within transportation, National Reinvestment Corporation’s consideration of the bill (H.R. 5850) investments are targeted to areas that Foreclosure Mitigation Counseling pro- making appropriations for the Depart- will create skilled jobs immediately gram, because homeowners who receive ments of Transportation, and Housing and build the infrastructure that un- such counseling through this program and Urban Development, and related derpins future economic growth. The are 60 percent more likely to avoid agencies for the fiscal year ending Sep- fact remains that our transportation foreclosure than those who do not use tember 30, 2011, and for other purposes, network has great investment needs such aid. It provides $2.2 billion for with Mr. SNYDER in the chair. with aging highways, bridges, and tran- homeless assistance grants to shelter The Clerk read the title of the bill. sit systems, and an air traffic control families forced from their homes, and The CHAIR. Pursuant to the rule, the system in desperate need of moderniza- it takes a strong step forward in our bill is considered read the first time. tion. It is my belief that we can no commitment to reducing chronic The gentleman from Massachusetts longer defer investments in our trans- homelessness. (Mr. OLVER) and the gentleman from portation systems, which provide the Overall, HUD programs are main- Iowa (Mr. LATHAM) each will control 30 foundation for our Nation’s economy. minutes. tained at levels that will ensure afford- Specifically, the bill provides: $45.2 able housing opportunities are avail- The Chair recognizes the gentleman billion for the Federal Highway Admin- from Massachusetts. able as families recover from the eco- istration, which is an increase of $3.9 nomic downturn. Mr. OLVER. Mr. Chairman, I yield billion above the President’s request, myself 10 minutes. that will allow States to complete ad- More broadly, this bill recognizes Mr. Chairman, it is my privilege and ditional infrastructure projects, spur that the current paradigm in which af- pleasure to present the fiscal year 2011 the economy, and create approximately fordable housing is connected to Transportation, Housing and Urban De- 142,000 new jobs. unaffordable commutes is velopment, and Related Agencies ap- It provides $11.3 billion for public unsustainable for families’ budgets. As propriations bill to the House. transportation programs, an increase such, the bill provides $677 million to I want to thank all of the sub- in total budgetary resources of $508 coordinate transportation and infra- committee members for their input million above the President’s request, structure investments with the avail- and help with writing this bill. In par- in order to help address the nearly $80 ability of housing and community serv- ticular, I would like to recognize my billion maintenance backlog needed to ices in order to decrease transportation ranking member, TOM LATHAM, for his meet a state of good repair on the Na- costs, improve access to jobs and serv- valuable insights during the 13 hear- tion’s fixed guideway and bus systems. ices, promote healthy communities, ings the subcommittee held covering It provides a total of $3.2 billion for and enhance community connectivity. the budgets and the challenges facing Amtrak, the High-Speed Intercity Pas- Finally, I expect many Members to transportation and housing. We do not senger Rail program, and investments come before this body today to talk always agree, but I greatly appreciate in Positive Train Control. This in- about reducing spending and the moral his partnership, and his input has made cludes a $127.5 million increase for the imperative of not leaving a deficit for the bill better. first year of Amtrak’s fleet plan that future generations. Let me remind ev- I also want to recognize the hard will support the development of a do- eryone that the investments in this bill work of our staff, specifically on the mestic manufacturing base for loco- address another looming deficit, spe- minority side, Dena Baron—who I no- motives and railcars, and it provides cifically our transportation and hous- tice is soon to multiply—Matt $1.16 billion for NextGen, to modernize ing infrastructure deficit. McCardle and Doug Bobbitt, and on the our outdated air traffic control system, majority side, Kate Hallahan, David which will reduce operational costs and The Department of Transportation’s Napoliello, Laura Hogshead, Sylvia allow airlines to utilize our airspace most recent Conditions and Perform- Garcia, Patrick Hatch, Eve Goldsher, more efficiently. ance Report indicates there is an an- Kristin Palmer, and Blair Anderson. Within housing, we were able to use a nual investment gap of $26.9 billion to My ranking member and I are lucky to portion of the savings, which I men- maintain our current system of high- have such a dedicated staff who work tioned above, to fill holes where the ways and bridges and an annual gap of amicably and respectfully together. President eliminated or deeply cut $95.9 billion to improve the system. They have spent many late nights put- vital programs, including: Every dollar deferred today will catch ting this bill together, and we would Restoring funding to construct hous- up to the next generation in the form not be here today without their hard ing units for the elderly and disabled to of falling bridges, broken roads, dete- work. their fiscal 2010 levels; riorating housing, and an economy The committee-reported bill provides Restoring $75 million for 10,000 new choked by congestion. $67.4 billion in discretionary resources, VASH housing vouchers, which con- In conclusion, we worked hard to bal- a decrease of $500 million below the FY tinues Congress’ commitment to home- ance many competing needs to produce 2010 enacted level and more than $1.3 less veterans; a bill that reflects the bipartisan needs billion below the President’s request. Providing $200 million for HOPE VI of transportation and housing and that Within an allocation that is 2 percent to rehabilitate the most severely dis- puts Americans back to work. I am below the President’s request, we have tressed public housing communities in pleased with the product, and I urge still been able to develop a bill that the Nation; and Members to support it.

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VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Insert offset folio 1354/8 here EH29JY10.009 July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6319 I reserve the balance of my time. Another example, really, is high- still many families reeling from the Mr. LATHAM. I yield myself such speed rail. The President got $8 billion housing crisis. In fact, approximately 6 time as I may consume. in the stimulus bill for high-speed rail million homes have been foreclosed Mr. Chairman, I am going to be very back in 2009, and only a very small upon in the past 3 years, and our roads, brief as Mr. OLVER has told us an awful fraction of that $8 billion has gone out bridges and mass transit systems are in lot about H.R. 5850, the fiscal year 2011 the door as the Federal Railroad Ad- desperate need of additional invest- Transportation and Housing, or THUD, ministration is still working with re- ment. bill. cipients of those funds to nail down a The Department of Transportation I just want to say, on a personal grant agreement. The only industry states that there is a yearly invest- level, thank you to Chairman OLVER that has been stimulated by the high- ment gap of $27 billion just to maintain for his ability to work together on this speed rail funds are the planners and our current highways and bridges. And bill. He has been a true gentleman and the lobbyists. Yet this bill gives an- the state of our transit system isn’t very, very cooperative. He has reached other $400 million on top of the Presi- much better. out and has really made this a pleasure dent’s request of $1 billion and on top This bill increases the amount that to go through the entire hearing proc- of the whopping $2.5 billion they got in can be spent on highways and transit ess this year. fiscal year 2010. by a modest $4.5 billion over fiscal 2010, I also want to thank the staff for all So if this bill becomes law, the tax- and over the President’s request, even of their hard work. Mr. OLVER has al- payers will have given—or more appro- as we come in under last year and ready named the staff members, but I priately, borrowed—almost $12 billion under the President’s request overall. also want to make sure that they know for high-speed rail, and we still don’t According to DOT’s job model esti- how much we appreciate all of their have one single operating high-speed mates, this increase will support more hard work. than 150,000 transportation jobs. I really believe, this year, that we did rail line on the horizon. In addition, vulnerable populations have an opportunity to adhere to a nor- Is this a horrible bill? No, it’s not. affected by the economic downturn, mal appropriations process. We have a Does it spend too much? Certainly, it such as the homeless, the elderly and closed or a modified open rule here does. the disabled, are also supported in this today, and it hasn’t always been easy I would encourage Members to give bill through programs such as funding throughout the whole process. We did careful consideration to the few for section 8 housing vouchers. We have have a very entertaining and, I think, amendments that are made in order $113 million for foreclosure mitigation a very productive hearing season, and I today. There are some very thoughtful appreciate all of the efforts to bring amendments that would reduce the counseling. The bill also includes $75 some of the housing and transportation cost of this bill, which would still fund million for 10,000 additional vouchers concerns to light, especially when the the core programs under THUD at a re- for homeless veterans, support for the chairman and I don’t always agree on spectable level. homeless, with $2.2 billion allocated for the best solutions to tackle these com- In closing, I want to thank Chairman housing and services, and a new dem- plicated issues of spending, housing, OBEY, Chairman OLVER, Ranking Mem- onstration linking HUD and HHS fund- and transportation. ber LEWIS, and all of the members of ing to better support these families and The result of those hearings is the the subcommittee for getting this bill individuals. bill before us, totaling $67.4 billion, to the House floor. Again, I would like Low-income individuals have dis- which is a mere $500 million below the to thank the staff, both the committee proportionately been affected by this fiscal year 2010 levels. Before we cele- staff and personal office staff, for all of economic crisis. We need to focus in- brate this reduction, we need to re- their hard work in putting together stead on the right kind of affordable member that the fiscal year 2010 bill this legislative package. housing for seniors, the disabled and was a whopping 23 percent over the I reserve the balance of my time. the homeless. That’s what this bill does, and I urge support of it. year before. I want to say that again. b 1410 The bill last year was 23 percent higher Mr. LATHAM. I yield such time as he than the year before that. So, really, Mr. OLVER. Mr. Chairman, I yield 3 may consume to the gentleman from the $500 million reduction in this bill is minutes to the gentleman from Wis- California (Mr. LEWIS), the ranking a drop in the bucket of where we need consin (Mr. OBEY), the chairman of the member. to go to bring us back to some sanity full committee. Mr. LEWIS of California. I very much and a reasonable state. Mr. OBEY. I thank the gentleman for appreciate my colleague yielding. While Mr. OLVER is a most accommo- the time. Mr. Chairman, I would like to start dating chairman, I do have some dis- Mr. Chairman, I would describe this my remarks by paying tribute to one of agreements with some of the funding bill as a fiscally responsible jobs bill. It the great staff members we have decisions he has made in the bill before is below the President’s request by $1.3 around here. Dena Baron wants us to us. I know the administration has billion, and below last year by one-half get through quickly, for she’s just come to Chairman OLVER and has com- billion dollars. about ready to give delivery to her sec- plained that he didn’t fund each and Last year, the Recovery Act dem- ond child. And for those who are curi- every new idea in the bill—and I com- onstrated that investments in trans- ous about all of that, Dena is planning mend him for that. However, in light of portation and housing both support de- to deliver us a baby girl. the drastic deficit situation that is fac- cent paying jobs, while providing crit- I very much want to express, Mr. ing this country, I would prefer a little ical infrastructure investments. Chairman, my appreciation and thanks more critique and restraint on some of Let me review some of the facts: To to Chairman OLVER and Ranking Mem- the new, untested, and expensive pro- help the economy save jobs, we put ber LATHAM for their efforts in programs before proposing funding at or over $60 billion in the Recovery Act for ducing this legislation. While they may above the President’s request. transportation and housing programs. not agree on the overall spending level Livability? Sustainability? Have we With the exception of two new pro- for this bill, they have worked together defined these concepts? Obviously not, grams that were created in that bill, in a bipartisan fashion. While they since this bill gives the Department of nearly all of the money, 98 percent, has have real policy differences, Chairman Transportation $4 million to figure out been obligated. It has started over OLVER and Mr. LATHAM know that it’s how to measure livability. 14,000 transportation construction in the best interest of the House and Should we be asking the American projects supporting an average of 41,000 the American public to get this bill taxpayers to give us $4 million for the direct jobs each quarter. It has reha- done. Department of Transportation to go bilitated or developed more than 188,000 Yesterday’s passage of the MILCON– and figure out what they want to do in units of low-income housing, and VA bill marked the second latest date your local communities when families served over 357,000 low-income individ- in the last 15 years that the House are trying to keep their homes and in- uals through housing for the homeless. passed its first regular appropriations vest in their businesses? I would say But the economic downturn was far bill. The only other year in recent his- no. worse than was predicted. There are tory with a more dismal record was 2

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OBEY’s generous allocation, and $39 bil- bill in the Federal Government that Astonishing that we are now 2 lion from the President’s request. will put America back to work rebuild- months away from beginning the new In addition, Republicans have offered ing our crumbling infrastructure, pro- fiscal year, and only a day away from amendments in committee this year to viding jobs across America, doing the the 6-week August congressional re- reduce spending by over $70 billion. things that are necessary so we take cess, and we are only now considering Each and every amendment to reduce care of Americans who have lost their the second of 12 annual spending bills. the rate of growth of spending has been jobs, helping the institutions of higher So far this year, 11 of the 12 funding defeated on a party-line vote. Unfortu- learning so they train, and be able to bills have been marked up in sub- nately, my Democratic colleagues have keep their tuitions lower, so that our committee. And yet, only two of the 12 not offered a single vote in support of children can build a better America as bills have been considered by the full those cuts. we go forward. Appropriations Committee. Those two According to the OMB Mid-Session This is a good bill. It’s a bill that’s bills, the bill we passed yesterday and Budget Review, the annual budget def- been worked for the betterment of the bill we’re considering today, are icit is projected to reach a record of America. It’s an artistic compilation of likely to be the only bills passed by the $1.47 trillion this year. As a percentage ideas and investments that will make House this year. of the economy, it’s the largest deficit America strong again as we move into The full Appropriations Committee since World War II. With the Federal the 21st century. was scheduled to mark up the Agri- Government now borrowing 41 cents on Chairman OLVER and Ms. Hallahan culture and Homeland Security bills 2 every dollar it spends, and with spend- and the staff and the rest us should be days ago. As members of the coming continuing at record levels, it ap- commended. We wish we had more. mittee began to enter the room for pears that there’s little relief in sight. This bill is $1 billion less than what the those markups at 3 p.m., the session Indeed, the Obama Administration is President gave us because we recognize was abruptly postponed, and as of this conceding that these large deficits are that our Nation is in crisis. So we had moment, there’s been no explanation. here to stay. According to the Presi- to work with what we had and have Let me state the obvious as clearly dent’s own numbers, the national debt, some outstanding programs put to- as I can. This year’s appropriations which was at $5.8 trillion at the end of gether in an artistic way that America process has been a complete and utter 2008, will soar to $18.5 trillion by the is invested in again, that our crum- failure. Members of both sides of the end of this decade. bling roads and bridges can be fixed, aisle have voiced frustration for and that we might put people back to b 1420 months about the committee’s inabil- work, help our institutions of higher ity to get its work done. Traditionally, These future deficits are driven al- education, and build a better America. June and July are the months we’re de- most entirely by rising levels of gov- There are several things I want to bating and passing our spending bills. ernment spending. I know there’s a highlight in the bill just briefly. Most Not this year, Mr. Chairman. Not this tendency among some of my friends to of you know that our veteran popu- year. blame President Bush for everything, lation, who have given their lives to As Mr. WOLF pointed out last night, but the fact is that President Obama’s this country, many have returned this has become the ‘‘Suspension Con- budget would push inflation-adjusted home. They have returned home unem- gress.’’ This year, the Appropriations Federal spending over $36,000 per ployed. Many are homeless. There have Committee—once known as the ‘‘Work- household by the year 2020. This is been studies all over America now from horse Committee’’—has done virtually $12,000 above the level per-household various institutions how homeless vet- nothing. The House itself has done very that existed under President Bush. erans must have housing, jobs. This little in the way of substantive work, Even President Obama’s enormous $3 Congress has passed the best veterans instead debating frivolous bills on the trillion tax increase proposal won’t bill in several decades. And we are get- suspension calendar. Week after week, stop this spending from pushing the nating to that so that our veterans, who the majority leader has given away tional debt to even more dangerous lev- dedicate their lives for our safety, can Friday legislative sessions because the els. have those opportunities. Democrat majority refuses to move ap- With the mid-session budget review, We provide in our Transportation- propriations bills, and because there the Obama White House has now con- HUD bill resources for veterans who was no other legislative work to keep firmed what committee Republicans are now homeless. It’s a great oppor- Members in town. have been saying all year: That the tunity for us to show to our veterans It’s also worth noting, Mr. Chairman, Democrat majority’s agenda of run- that the Federal Government they that on the very rare occasion when away spending, surging taxes, and soar- worked so hard to secure is in their our appropriations bills are brought to ing budget deficits is leading to his- corner. Let’s not accept any amend- the floor, they are brought up under a toric deficits and record levels of debt. ments that would reduce that. closed rule to stifle debate on issues The only way out of this deficit and The CHAIR. The time of the gentle- that the Democratic majority would debt nightmare is to curb Uncle Sam’s woman has expired. prefer to ignore until after the elec- appetite for spending. We simply must Mr. OLVER. I yield the gentlelady 1 tion. do something about the rising tide of additional minute. All Members, whether they’re Repub- red ink before we’re overcome by it. I Ms. KILPATRICK of Michigan. licans or Democrats, have a legitimate ask my colleagues on the other side of Thank you, Mr. Chairman. right to offer and debate amendments the aisle how many more shocking Also we have a program that’s called under the longstanding traditional budget projections we need before you reinvesting into our infrastructure, reopen rule process governing appropria- join us in saying enough is enough? investing TIGER grants. TIGER is actions bills. This includes those amend- With that, Mr. Chairman, I urge a ronym that allows us to invest money. ments that would strike what Members ‘‘no’’ vote on final passage. There were over $50 billion worth of in- believe to be excessive levels of spend- Mr. OLVER. Mr. Chairman, I yield 2 vestments asked for. Our bill has only ing. minutes to the gentlewoman from under $2 billion. So in TIGER I, many Had Republicans been afforded the Michigan (Ms. KILPATRICK), a very val- communities were not able to partake. opportunity to offer amendments under ued member of the Appropriations sub- These TIGER grants go right from the open rules, there’s little doubt that committee. Federal Government to communities to much of our effort would be geared to- Ms. KILPATRICK of Michigan. help rebuild all kinds of programs that wards reducing spending. It was just Thank you, Mr. OLVER, our out- are related to transportation and HUD, last week that Democratic members of standing chairman who has brought us putting people back to work. They are the Appropriations Committee rejected this far. very competitive. Let’s not accept any a Republican amendment in full com- I want to thank Kate Hallahan and amendment that would make it more mittee that would have pared back the rest of the staff for working to hard, more difficult for communities to

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6321 compete with one another for these the second. We did the first of 12 yes- Mr. Chair, I’ve listened to the points limited dollars. terday. from the other side, and Mr. Chair, my TIGER grants, veterans homeless as- And as we come to the floor today to friend from Indiana said the American sistance, and other things within this speak about the Transportation, Hous- people are tired of borrowing and budget, roads, bridges, train dollars, ing and Urban Development, and Re- spending. Yeah, they are tired of it. this is a good bill. I commend Ms. lated Agencies Appropriations Act, Mr. They had 8 years of it on the other Hallahan as well as our chairman. The Chairman, I can’t even tell you that side. The other side, when they took other side has been working with us this bill is over the budget because not control, we had a $5.6 trillion surplus. pretty good as well. Yes, we have to fix only have we spent the entire summer They squandered that and left us $10 the deficit, but you don’t do it on the not appropriating the Federal budget, trillion in debt. So I think lectures least of these. as Congress is obligated to do, but the need to be fact-based and not faith- Mr. Chairman, I hope that we will Democrat majority didn’t even pass a based. pass this bill and move it onto the Sen- budget. Didn’t even try to pass a budg- This bill addresses two of the great ate, a good bill, beginning to put Amer- et. I mean it really is extraordinary. challenges we have in the United ica back to work. You can’t say this bill exceeds the States. We have an aging, deficient in- Mr. Chair, I rise today to support the budget because the majority didn’t frastructure, and we have millions of FY2011 Transportation-Housing and Urban even pass a budget. people who still need jobs. And this bill Development Appropriations Bill, H.R. 5850. Now, I heard the distinguished chair- addresses both. The FY2011 Transportation-Housing and man of the full committee, who has my Infrastructure: 153,000 bridges in the Urban Development bill before us today ad- respect, the gentleman from Wisconsin, United States have been rated func- dresses a number of housing and transpor- refer to this bill as fiscally responsible. tionally obsolete or deficient; 162,000 tation challenges. I respect the gentleman. I believe, miles of Federal highway have been There is such a broad consensus affirming maybe grading on the curve that he is rated unacceptable. Traffic delays are the great needs for transportation infrastruc- grading on, maybe it is. But the Amer- costing America’s small businesses and ture investments and for affordable housing ican people deserve to know the truth the American people $78 billion every throughout the country. about this bill. It is a fact this bill does year. Just in New York City, aviation The total budgetary resources include $67.4 spend less than—1 percent less than delays cost our local economy $1.8 bil- billion in discretionary appropriations for the last year’s bill. But what they’re kind lion. departments and agencies, which is $1.3 bil- of leaving out of the fine print is last The American Society of Civil Engi- lion less than requested by the administration, year’s bill was a 23 percent increase neers does an annual report card on in- and $500 million below the FY 2010 appro- from the previous year. That didn’t frastructure and routinely gives grades priations. even include the $62 billion in related of C, D, and F to transportation sys- This bill seeks to address the need to invest funding that was included in the so- tems, broadband, and our ports. in transportation infrastructure that will create called stimulus bill that’s only stimu- Meanwhile, Mr. Chair, in China, jobs and ensure that our roads, rails, ports lated more deficits and more debt. I they’re going to build 97 new airports and airports are safe. This bill also seeks to mean it really is incredible. over the next 12 years; in Spain, And this bill, as has been mentioned address the need for affordable housing they’re going to make a $150 billion in- by other colleagues in this debate, this through investments in basic program man- vestment in high-speed rail; in India, bill is an earmark factory, with 459 ear- agement tools that will improve HUD’s ability 276 port projects, $12 billion investment marks in this bill, less than one-tenth to operate efficiently as an organization. to double port capacity. of 1 percent of which are related to Re- Priorities in the bill are focused on investing This bill stops the surrender of infra- publican Members of Congress. In fact, in the nation’s infrastructure to support jobs; structure investments to China and to the House Republicans made a decision supporting vulnerable populations in a difficult Spain and to India. This bill makes us to refrain from submitting earmarks economic climate; ensuring safe transpor- more competitive in a global economy. altogether because we believe the tation; building healthy communities with envi- This bill creates jobs. Every billion American people are tired of borrowing dollars that we invest in infrastructure ronmentally sustainable solutions; and ensur- and spending as usual in Washington, creates 47,500 jobs and returns $6 bil- ing responsible management and oversight of D.C. They’re tired of an earmarking lion to our economy. government investments. culture and a favor factory here in Overall, the bill balances the housing and Mr. Chair, Americans have always Washington, D.C. transportation needs of the country within cur- The truth is, as I look at this ex- done best when we build America—the rent fiscal constraints. Investments are tar- traordinary piece of legislation and I Erie Canal, the Transcontinental Rail- geted to critical housing and infrastructure think of a $1.47 trillion deficit this road, the Federal Interstate Highway needs that will keep this economy moving for- year, this massive spending bill just System. ward. seems to be emblematic of the fact The CHAIR. The time of the gen- The THUD Committee and staff have that this majority just doesn’t get it. tleman has expired. Mr. OLVER. Mr. Chairman, I yield worked hard to bring a THUD bill that will bal- They don’t understand that the Amer- the gentleman 1 additional minute. ance the needs for housing and transportation ican people are bone weary of deficits Mr. ISRAEL. We always do best when programs with the call to cut wasteful spend- and debt and spending as usual. And we are building with our hands, when ing. they long for leadership in Washington, we are standing and growing with this Mr. Chair, this is a good bill and I ask all of D.C., that’s willing to play it straight, economy, putting people to work, man- my colleagues to support the bill. make the hard choices. Mr. LATHAM. I yield 3 minutes to The CHAIR. The time of the gen- ufacturing for a better economy. And the gentleman from Indiana (Mr. tleman has expired. this bill turns away 8 years of neglect PENCE). Mr. PENCE. And this fall they will on infrastructure and starts to rebuild (Mr. PENCE asked and was given per- have the opportunity to elect a major- America again and create jobs in the mission to revise and extend his re- ity that will do just that. process. marks.) This is a jobs bill. Vote ‘‘no’’ on this ANNOUNCEMENT BY THE CHAIR Mr. PENCE. Mr. Chairman, I thank The CHAIR. Members are advised to bill and you are killing jobs and sur- the gentleman for yielding. heed the gavel. rendering to China and Spain and other Well, it’s truly remarkable to come Mr. OLVER. Mr. Chairman, I yield 2 countries. Vote ‘‘yes’’ and you are cre- to the floor on what may be the second minutes to the gentleman from New ating jobs, investing in this infrastruc- to last day of a long summer session York (Mr. ISRAEL), who is a member of ture, and strengthening America again. and only be considering the second out the full committee. Mr. LATHAM. I yield myself 1 of the 12 appropriations bills that Con- minute. gress historically has spent the entire b 1430 I just want to tell the gentleman— summer considering. As the distin- Mr. ISRAEL. I thank the distin- and I don’t want to get into a partisan guished ranking member of the com- guished gentleman from Massachusetts fight here, but there was not one per- mittee said moments ago, this is only for recognizing me. son on the other side of the aisle who

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6322 CONGRESSIONAL RECORD — HOUSE July 29, 2010 voted to double infrastructure spending fort from TIGER grants, high-speed and our grandchildren. At one time Mr. in the stimulus bill, spend half as much rail, Brownfields, HOPE VI, housing for HOYER of Maryland, now the House ma- money overall, and by the President’s veterans. These are programs that, in jority leader, said to run deficits was own top economic adviser, would have community after community, people akin to ‘‘fiscal child abuse,’’ and now created twice as many jobs as what did have acknowledged are important. all we seemingly hear from the other the stimulus bill that was actually These have economic vitality. They side is the refrain, ‘‘Que sera sera.’’ passed and signed into law. give communities tools. They leverage So today we have an appropriations Our motion to recommit was to dou- far more than the Federal investment. bill, one, Mr. Chairman, that’s coming ble the funding for infrastructure, if I would suggest that rather than tar- to this floor without a budget. First anybody’s forgotten that. That was ex- geting products of a thoughtful rebal- time in the history of the House the actly what it was so that we could have ancing that came out of this com- House hasn’t even attempted to pass a actually created jobs here in the mittee, our goal instead should be to budget. Well, Mr. Chairman, I guess the United States. The gentleman appar- support the committee in its efforts re- only reason you want a budget is be- ently forgets that he voted against fining the administration’s proposal, cause you want a limit on spending. If that. help rebuild and renew America with you don’t want to limit your spending, I reserve the balance of my time. infrastructure that is failing and out of you don’t need a budget. So we have no Mr. OLVER. Mr. Chairman, I yield 3 date and losing competitiveness. We budget. We’re going directly to the ap- minutes to the gentleman from Oregon should reauthorize the Surface Trans- propriations bill, and in this case, the (Mr. BLUMENAUER). portation Act. THUD bill is 39 percent larger than it Mr. BLUMENAUER. I appreciate the The CHAIR. The time of the gen- was in fiscal 2008, the year before the gentleman’s courtesy, and I commend tleman has expired. Democrats went on their spending the subcommittee on its work to refine Mr. OLVER. I yield an additional spree. You know, Mr. Chairman, again, the administration’s proposal, reduce minute to the gentleman. how much of this spending meets the it a billion dollars, but nonetheless Mr. BLUMENAUER. This is the home test of borrowing 41 cents on the dol- deal with the challenges that face the stretch. lar, mainly from the Chinese, sending American people. We have had examples, for the last 14 the bill to our children and our grand- And Mr. OLVER is right, as is my years that I’ve been in Congress, where children? friend from New York, in talking about communities are struggling to figure I have the pleasure of serving on the how we’re losing an infrastructure out how to put the pieces together. I President’s Fiscal Responsibility Com- challenge globally, which is apparent commend the committee for its work mission. It is chaired by the gentleman to anybody who travels overseas. This to try and give the tools the commu- from North Carolina Erskine Bowles, is an important piece of legislation nities need to stretch Federal dollars, former chief of staff to President Clin- that struggles to help make the Fed- to be able to encourage private sector ton. He likens the national debt, quote, eral Government a better partner in re- investments, to build on models of this debt is like a cancer that’s truly building and renewing America. proven success, the cutting edge of ar- going to destroy the country from I have great respect for my good chitecture, of construction, of energy within, and yet, Mr. Chairman, our friend from Iowa, but I must respect- conservation, water. These are areas Democratic majority brings to the fully disagree. The programs dealing that America desperately needs. I floor a bill spending 38 percent more with livability are, in fact, refined and think it would be shortsighted to cut than just a few years ago. tested. That’s why there was such an back on this fine work. Recently, it was reported in The Hill outpouring of support for things like I will guarantee you over the course that our chairman of the Joint Chiefs the TIGER grants. They are popular, of the next decade that Congresses and of Staff said, The Nation’s debt is the and they are already making a dif- future administrations are going to biggest threat to U.S. national secu- ference, as we see, around the country. build on the foundation that you’ve es- rity. Yet the Democratic majority As for high-speed rail . . . give me a tablished. I hope that this Congress brings a bill to this floor spending 38 break. Yes, the administration did does its part by moving this forward percent more on THUD than just 3 move forward with $8 billion for high- and supporting the subcommittee’s im- years ago. speed rail, which takes a little time to portant work. The CHAIR. The time of the gen- work through the process, but China is Mr. LATHAM. I yield 3 minutes to tleman has expired. going to spend more in the next couple the gentleman from Texas (Mr. Mr. LATHAM. I yield the gentleman of months than we will in the next 3 HENSARLING). 1 additional minute. years, illustrating how we are losing Mr. HENSARLING. I thank the gen- Mr. HENSARLING. The director of that effort. tleman for yielding. the Congressional Budget Office, Doug Livable communities were actually Mr. Chair, the American people are Elmendorf, Democratic appointee, has developed by this subcommittee in the asking this Congress and this President said, quote, U.S. fiscal policy is last Congress. The administration took what part of ‘‘broke’’ don’t you under- unsustainable, unsustainable to an ex- the work that you Mr. Chairman devel- stand. Already we have seen, on June tent that it can’t be solved through oped, they refined it, they expanded it, 30, the third largest one-day increase in minor changes. Yet the Democratic and I think it’s to your credit for what the national debt in our history: $166 majority brings a bill spending 38 per- you have done. billion larger than the entire annual cent more since when they came into I am saddened by an ill-advised deficit of 2007. Already this year the office. amendment by my friend and col- deficit has crossed the trillion dollar Economist Robert Samuelson has league, Mr. DEFAZIO from Oregon, tar- mark for only the second time in said that this spending could, quote, geting transportation livability pro- American history. Of course, the first trigger an economic and political death grams that, in fact, if they were al- time, as we know, was last year. boggle. Yet, the Democratic majority lowed to move forward, would give us a We are looking at the largest na- brings a bill spending 38 percent more head start on what I think the Trans- tional debt in our Nation’s history. As from when they took over. portation and Infrastructure Com- a percentage of our economy, it rivals You know, Mr. Chairman, Americans mittee wants to happen with their re- that of World War II, and it’s only due have seen what is going on in Greece. authorization. They know that’s im- to get worse. They’ve seen the riots in the street. portant. This would allow a head start Greece is having to sell sovereign terri- on communities large and small, rural b 1440 tory. Their debt in relation to their and urban, to be able to get ahead of And yet since the Democratic major- economy is about 112 percent. Ours is the curve and make those programs ity has come in, President Obama has at 90 percent. work better. been elected, this body has gone on a We are truly at a tipping point which Even more ill-advised, I think, is an spending spree, today borrowing 41 is why the American people are saying: amendment from PETERS, ALDER, and cents on the dollar, mainly from the what part of broke don’t you under- HIMES to cut some of the guts this ef- Chinese, to send the bill to our children stand? No Nation can borrow, spend or

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6323 bail out its way to economic pros- and communities across the country, ing funding for the Section 811 and Section perity. This bill needs to be rejected. all over the country. The problem you 202 programs for the elderly and the disabled. Mr. OLVER. Mr. Chairman, I yield 2 describe is exactly the type of project The bill provides $85 million in vouchers to get minutes to the gentlewoman from Illi- that should be addressed in the TIGER homeless veterans off the streets and it in- nois (Ms. BEAN) for the purposes of a grant program, which works to address creases funding for Homeless Assistance colloquy. transportation issues of regional and Block Grants, which provide permanent and Ms. BEAN. Thank you, Mr. Chair- national significance and particularly transitional housing for homeless families and man, for yielding and for your thought- ones which are intermodal in nature. individuals. ful leadership and stewardship on our Ms. BEAN. I agree with the chair- In addition to these important housing pro- Nation’s transportation resources and man, and I thank you for giving me the grams, the bill makes important investments your commitment to strengthening opportunity to speak on these impor- necessary to maintain and expand our nation’s America’s competitiveness. tant issues. I look forward to working transportation infrastructure which is critical to I strongly support the renewed focus with you further on it. our continuing economic recovery efforts. At a and investment in our Nation’s critical Mr. LATHAM. I reserve the balance time when high unemployment persists, focus- rail infrastructure. Yet I continue to of my time. ing on investments in our transportation infra- have grave concerns about the impacts Mr. OLVER. Mr. Chairman, I yield 2 structure is an essential job-stimulator. of freight rail traffic on communities minutes to the gentlewoman from Wis- I want to also specifically highlight two rail whose road infrastructure was not de- consin (Ms. MOORE) for the purposes of issues that I requested the committee to ad- signed to accommodate increased lev- a colloquy. dress in the bill: positive train control and envi- els of rail traffic. Ms. MOORE of Wisconsin. I thank ronmental and quality of life concerns along In communities in my district in Illi- you, distinguished Chairman OLVER. proposed high speed rail routes. nois, those concerns include blocked I rise to bring to your attention a First, the bill includes funding for positive crossings that cause traffic bottle- critical infrastructure need in the train control (PTC) to help prevent railroad col- necks; safety threats due to decreased Fourth Congressional District of Wis- lisions. In 2008 the community of Chatsworth mobility of emergency responders; consin. The Hoan Bridge, a vital thor- in Los Angeles County suffered a tragic head- safety issues due to increased car vol- oughfare in my community, connects on train collision between a commuter train umes and speeds; noise and air pollu- downtown Milwaukee to the near and freight train. Tragically eleven lives were tion; and interference with proposed southside southern suburbs, on to the lost and dozens more were injured. That awful commuter rail expansions. airport and beyond to the interstate, accident, as well as the deadly 2009 WMATA The recent acquisition of the EJ&E but it’s rapidly deteriorating. Chunks collision here in our nation’s capital, could by Canadian National promises to sig- of concrete have been falling off the have been prevented had this train control nificantly increase daily rail traffic. bridge, and of course, that has created technology already been operating in both of This would necessitate construction of a significant safety hazard. these rail systems. The funding in the bill will over a dozen grade separations, like My constituents really rely on the help with the development of technologies to underpasses and overpasses, to ensure Hoan Bridge, and it accommodates override human error or mechanical failure adequate safety and traffic flow. With about 43,000 vehicles per day. I trust, and automatically prevent collisions such as each construction project estimated at Representative OLVER, that you will the Chatsworth crash. costs of tens of millions of dollars, the agree that ensuring the bridge’s struc- impact of this federally approved rail tural integrity and the safety of my The second rail issue concerns our commit- transaction rises to the level of re- constituents is of urgent importance. ment to protect the residents along new high gional and national significance. Mu- I yield to the chairman. speed rail routes. In the rush to build a na- nicipalities like Barrington and others Mr. OLVER. I thank the gentle- tional high speed rail system in our country, I along the EJ&E need DOT funding to woman from Wisconsin for raising this believe it absolutely essential that we ensure help their communities continue to issue, and I’ve come to realize and I ap- careful and thoughtful decisions particularly as function which is why we need a preciate how important this bridge is they regard impacts on residential commu- multiyear surface transportation reau- to you and your constituents. nities. Accordingly, the committee report in- thorization moving forward to address The committee, which looks at many cludes important language to ensure that the such needs nationwide. critical infrastructure issues like this concerns of poor and minority communities While funding for grade separation one across the country, stands ready to are taken into account in routing these construction will come from the FHA work with you on this project in the fu- projects. in this bill, the FRA and STB must ture. Building a high speed rail route along exist- continue to work together to align Ms. MOORE of Wisconsin. I thank ing transportation corridors in communities like transportation and safety priorities. you, Representative OLVER. I look for- Los Angeles may minimize the negative im- State and local governments cannot be ward to working with you as well to pact to many communities. However, the dam- expected to bear the burden of accom- ensure the viability of this important age done decades ago to many poor and mi- modating regionally and nationally bridge, the Hoan Bridge. nority neighborhoods along those corridors by significant freight movement. It’s in Ms. ROYBAL-ALLARD. Mr. Chair. I am rail and interstate system construction may be everyone’s interest that Federal agen- pleased to rise in support of H.R. 5850, the exacerbated by construction of the high speed cies partner with communities to en- Fiscal Year 2011 Transportation Housing and rail system. These communities continue to sure the impacts of such freight are Urban Development Appropriations Bill. suffer from the environmental and health im- mitigated to a reasonable and prac- As a member of the Subcommittee, I would pacts long after their neighborhoods were dis- ticable extent. like to thank Chairman JOHN OLVER and Rank- sected by past construction. I would like to point out that crossing Member TOM LATHAM for their hard work The report directs the Federal Railroad Ad- ing hazard reduction efforts should not on this bill. At a time when so many are strug- ministration (FRA) to carefully consider the ef- be limited to high-speed rail corridors. gling to keep roofs over their heads and to fects of using existing or new transportation The vast majority of our rail network stay employed, I believe this bill makes wise corridors in its analysis of proposed routes. continues to be comprised of non-high- investments in our nation’s housing and trans- The report also directs the FRA to identify ap- speed rail, regardless of maximum po- portation infrastructure needs. propriate mitigation measures particularly to tential train speed. For example, the FY11 THUD Appropria- offset any negative effects identified in regards The CHAIR. The time of the gentle- tions bill will allow HUD to renew all project- to minority populations and low-income popu- woman has expired. based Section 8 rental contracts for a full 12 lations. Mr. OLVER. I yield the gentlewoman months. This will help ensure that the nearly Mr. Chair, I am happy to support passage of an additional 2 minutes. 1.3 million low-income families that currently this important bill. The funding included in this Ms. BEAN. I yield to the chairman. reside in project-based Section 8 housing will legislation is critical to building and maintain- Mr. OLVER. Mr. Chairman, I am glad not lose their homes. ing our transportation infrastructure, creating to work with the gentlewoman from Il- The Committee has also recognized the jobs, and protecting the housing needs of linois on grade separation issues which unique housing needs of some of our most America’s most vulnerable populations. I urge impact our transportation networks vulnerable Americans, restoring and increas- my colleagues to support this bill.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6324 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Mr. OBERSTAR. Mr. Chair, I rise in strong tions Subcommittee on Transportation, Hous- sources. I look forward to working with him support of the amendment offered by the gen- ing and Urban Development’s inclusion of fed- and the rest of my colleagues to preserve and tleman from Oregon, Mr. DEFAZIO, which eral funding for the Metropolitan Transit Au- increase these funding levels as this bill makes $200 million in livable community thority of Harris County for four projects in the moves through Congress. grants provided by this Act contingent on an City of Houston as well as funding much Mr. VAN HOLLEN. Mr. Chair, I rise in strong authorization by Congress. needed improvements to the Lynchburg Ferry support of the Department of Transportation While I support the vast majority of the bill Landings in our area. and Housing and Urban Development Appro- before us today, and I thank the gentleman The Subcommittee’s inclusion of $150 mil- priations Act for FY2011. This is a jobs bill from Massachusetts, Mr. OLVER, for providing lion for the North and Southeast corridor light and it is an economic development bill. It is substantial and much-needed investment in rail projects will be tremendously helpful for about rebuilding our infrastructure and revital- our Federal transportation programs, I do have the Houston area. These projects involve a izing our communities. concerns with the impact aspects of this Act combined 11.8 miles of light rail transit, and The transportation construction industry has will have on surface transportation programs. will benefit the city by increasing citizen mobil- been hard hit with this recession, as states Unfortunately, certain aspects of H.R. 5850 ity, improving the city’s air quality, and pro- tighten their belts and delay major projects. would enable the Administration to continue to moting economic development and job cre- While we need a long-term surface transpor- avoid engaging with Congress to enact com- ation. The funding will be used for the final de- tation reauthorization, today’s legislation prehensive surface transportation authorization sign and construction of these two corridors, makes vital investments to put people to work legislation. which are part of an overall system of inter- rebuilding communities. It includes $45.2 bil- H.R. 5850 includes some good initiatives in related projects that make up the Advanced lion for roads and highways, and $11.3 billion the areas of livable communities, distracted Transit Program and Metro Solutions Plan. for public transportation to bring our infrastruc- driving, and funding for transit operating ex- The success of these light rail projects will fa- ture back to a state of good repair and give penses. These initiatives, however, should be cilitate Houston’s economic recovery and help Americans transportation options. It invests in considered in the context of a comprehensive the city further develop and improve its infra- Amtrak and high-speed rail to move people surface transportation authorization bill. structure. around the country. These programs create For the past three years, the Committee on Additionally, H.R. 5850 includes $700,000 jobs in our communities. Transportation and Infrastructure, led by Mr. for the North and South Lynchburg Ferry Today’s bill also invests in programs like the DEFAZIO, has conducted a thorough review of Landings in Harris County, Precinct Two. Public Housing Capital Fund and the Commu- the needs of the nation’s surface transpor- These landings haven’t been refurbished or nity Development Block Grant, which allow tation network. Throughout this process, it has updated in years and these funds will provide communities to make vital improvements to become clear that there is a broad consensus better connectivity between the historical and public housing and spur business expansion on the need to fundamentally transform high- recreational sites to increase the number of and job creation. The bill includes funding for way, highway safety, and public transportation visitors and provide an economic stimulus for foreclosure mitigation and rental assistance to programs to meet the needs of the 21st cen- Ship Channel communities. stabilize neighborhoods by keeping people in tury surface transportation network. But I would like to thank the Subcommittee on their homes. And it supports housing for vul- changes to these programs must be consid- Transportation, Housing and Urban Develop- nerable populations, including homeless vet- ered as part of a holistic rewrite of the entire ment for recognizing the importance of this as- erans, the elderly, and persons with disabil- surface transportation program, not piecemeal sistance to the Houston area and including ities. in an annual appropriations bill. them in this bill. Finally, this bill contains a vital investment I understand that the Administration has re- Mr. NADLER of New York. Mr. Chair, I rise for my constituents and the entire D.C. metro- quested the Livable Communities Initiative be in support of the Fiscal Year 2011 Transpor- politan region—$150 million for the Wash- included in the fiscal year 2011 budget for the tation-HUD Appropriations Act. As we all ington Metropolitan Area Transit Authority Department of Transportation. What I do not know, this is a very tight budget year, but (WMATA). This funding, authorized by the understand is why Congress should agree to Chairman OLVER and the other Members of Passenger Rail Investment and Improvement this request, thereby allowing the Administra- the Committee are to be commended for pro- Act, is part of a 10-year plan to help WMATA tion to obtain the policy changes it desires viding increased funding for critical transpor- make needed safety improvements and ad- without ever having to do the hard work that tation and housing programs. dress its capital maintenance backlog. I thank will be required to enact the next surface Many of my colleagues joined me in re- Chairman OLVER and the Committee for its transportation authorization bill. questing increases for Section 8 and the continued support of WMATA, which serves In effect, H.R. 5850 would let the Adminis- Housing Opportunities for Persons with AIDS so many federal employees and tourists in the tration ‘‘eat its dessert first’’ and then leave the program—also known as HOPWA. I am District of Columbia. table without ever getting to the meat and po- pleased that this bill increases funding for Mr. Chair, the Transportation and Housing tatoes of what needs to be done to fix our na- Section 8 programs by approximately $2 bil- and Urban Development Appropriations Act is tion’s transportation systems. lion. The bill includes $9.4 billion for project a jobs bill. It puts Americans to work to repair Therefore, this amendment would prohibit based rental assistance, and $19.4 billion for aging infrastructure, create new transportation the use of FHWA’s formula funds under the tenant-based rental assistance, which should options, and revitalize communities. I urge my fiscal year 2011 THUD Act from being used to be enough to renew all existing vouchers cov- colleagues to join me to support these vital in- carry out FHWA’s livable communities initiative ering more than 2 million families. The bill also vestments. until legislation is enacted to authorize such a has $350 million for HOPWA, which is $15 Ms. BORDALLO. Mr. Chair, I rise in strong program. million more than last year and $10 million support of H.R. 5850 the Transportation, Our objection is not to providing grant fund- over the President’s request. I thank the Housing and Urban Development, and Related ing for livable communities, but rather to the Chairman for his efforts to secure these badly Agencies Appropriation Act for Fiscal Year attempt to provide this funding prior to Con- needed resources. 2011. The bill provides critical funding to our gressional authorization. Many Members also joined me in requesting infrastructure across the United States and in I am hopeful that the Administration will an increase for federal transit programs so the territories. In particular, the bill funds $400 soon engage in a serious effort to enact sur- that we can maintain our public transportation million in a third round of TIGER grants for in- face transportation authorization legislation. systems in a state of good repair and accom- vestment in significant ‘‘National Infrastructure Enactment of such legislation will be critical to modate increased ridership. I would like to Investments.’’ I appreciate the Committee’s moving forward on new initiatives such as thank the Chairman for including $11.3 billion continued support of this effort and would con- those proposed by H.R. 5850 to develop the for federal transit programs, which is an in- tinue to urge the U.S. Department of Trans- surface transportation system to meet the crease of over $500 million from last year. The portation to obligate these funds towards truly needs of the 21st century. bill includes increased funding for transit cap- innovative projects. I would also urge the De- I urge my colleagues to join me in sup- ital programs as well as $250 million for oper- partment of Transportation to more adequately porting Mr. DEFAZIO’s amendment. ating assistance. While I believe the operating fund port infrastructure projects with TIGER Mr. GENE GREEN of Texas. Mr. Chair, I assistance provision could be better, this is a funds. rise today in support of H.R. 5850—Transpor- step in the right direction. I also greatly appreciate the Committee’s tation, Housing and Urban Development, and I commend Chairman OLVER for his leader- continued commitment to funding the NextGen Related Agencies Appropriations Act, 2011. In ship and I thank him for his continued support modernization program at the Federal Aviation particular, I am supportive of the Appropria- for these critical transportation and housing re- Administration. In particular, I appreciate the

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6325 Committee’s increase of $10.1 million for the mental Affairs; not to exceed $25,695,000 shall heading may be awarded to projects in a sin- Ground-Based Augmentation System (GBAS). be available for the Office of the Assistant gle State: Provided further, That the Federal GBAS, also known as Local Area Augmenta- Secretary for Administration; not to exceed share of the costs for which an expenditure is $2,240,000 shall be available for the Office of made under this heading shall be, at the option-System (LAAS), is a critical component of Public Affairs; not to exceed $1,683,000 shall tion of the recipient, up to 80 percent: Pro- the NextGen framework. GBAS provides very be available for the Office of the Executive vided further, That the Secretary shall give precise terminal arrival, approach and landing Secretariat; not to exceed $1,513,000 shall be priority to projects that require a contribu- operations for aircraft that have available GPS available for the Office of Small and Dis- tion of Federal funds in order to complete an systems. GBAS conforms to requirements advantaged Business Utilization; not to ex- overall financing package: Provided further, identified in the FAA NextGen Implementation ceed $10,999,000 for the Office of Intelligence, That not less than $100,000,000 of the funds Plan, the National Airspace System (NAS) En- Security, and Emergency Response; and not provided under this heading shall be for to exceed $19,663,000 shall be available for the terprise Architecture and the Roadmap for projects located in rural areas: Provided fur- Office of the Chief Information Officer: Pro- ther, That for projects located in rural areas, Performance Based Navigation. In short, this vided, That the Secretary of Transportation the minimum grant size shall be $1,000,000 system can reduce and improve landing ap- is authorized to transfer funds appropriated and the Secretary may increase the Federal proaches by our nation’s airlines. This will re- for any office of the Office of the Secretary share of costs above 80 percent: Provided fur- duce cost to consumers and reliance on fuel. to any other office of the Office of the Sec- ther, That of the amount made available Of particular importance to Guam is the port- retary: Provided further, That no appropria- under this heading, the Secretary may use ability of the GBAS system. In the event of a tion for any office shall be increased or de- an amount not to exceed $60,000,000 for the creased by more than 5 percent by all such purpose of paying the subsidy and adminis- significant natural disaster, the system can be transfers: Provided further, That notice of disassembled and reassembled in a relatively trative costs of projects eligible for federal any change in funding greater than 5 percent credit assistance under chapter 6 of title 23, short time. This is important for Guam be- shall be submitted for approval to the House United States Code, if the Secretary finds cause during a typhoon the system can re- and Senate Committees on Appropriations: that such use of the funds would advance the store precision approach to the airport more Provided further, That not to exceed $60,000 purposes of this paragraph: Provided further, quickly than a traditional instrument landing shall be for allocation within the Depart- That the Secretary may use up to ten per- system (ILS) and thus allowing restoration of ment for official reception and representa- cent of the funds provided under this heading relief services faster than traditionally possible. tion expenses as the Secretary may deter- to fund the costs of equipping aircraft with mine: Provided further, That notwithstanding I have worked with the FAA to deploy a sys- communications, surveillance, navigation any other provision of law, excluding fees au- and other avionics to conduct a demonstra- tem to Guam as a measure of prudence and thorized in Public Law 107–71, there may be in an effort to improve the system’s capabili- tion of NextGen air traffic control capabili- credited to this appropriation up to $2,500,000 ties through grants or other authorities ties. The additional funds provided by the in funds received in user fees: Provided fur- available under section 106(l)(6) of title 49, Committee will provide the FAA with the re- ther, That none of the funds provided in this United States Code: Provided further, That of sources needed to begin the process of identi- Act shall be available for the position of As- the amount made available under this head- fying additional locations for GBAS which I be- sistant Secretary for Public Affairs. ing, the Secretary may use an amount not to lieve must include Guam. Again, I want to LIVABLE COMMUNITIES exceed $20,000,000 for the planning, prepara- thank Chairman OLVER for his leadership and For necessary expenses for livable commu- tion or design of projects eligible for funding support of this effort. I want to thank Ranking nities initiatives, including coordinating liv- under this heading: Provided further, That ability and sustainability work within the projects conducted using funds provided Member LATHAM and Congressman Department of Transportation and with the under this heading must comply with the re- LATOURETTE for their support of this effort as Environmental Protection Agency and the quirements of subchapter IV of chapter 31 of well. Department of Housing and Urban Develop- title 40, United States Code: Provided further, Mr. LATHAM. I yield back the bal- ment; developing performance standards and That the Secretary shall publish criteria on ance of my time. metrics; building analytical capacity; and which to base the competition for any grants Mr. OLVER. I yield back the balance providing grants and direct technical assist- awarded under this heading no sooner than of my time. ance to State, local, and non-profit organiza- 60 days after enactment of this Act, require The CHAIR. All time for general de- tions, $20,000,000, to remain available until applications for funding provided under this bate has expired. September 30, 2013; Provided, That any grants heading to be submitted no sooner than 120 Pursuant to the rule, the bill is con- and technical assistance made available days after the publication of such criteria, sidered for amendment under the 5- under this heading shall be for improved per- and announce all projects selected to be formance measurement capabilities, en- minute rule, and the bill shall be con- funded from funds provided under this head- hanced ability to perform alternatives anal- ing no sooner than September 15, 2011: Pro- sidered as read through page 171, line ysis, and training and workshops for per- vided further, That the Secretary may retain 17. sonnel. up to $16,000,000 of the funds provided under The text of that portion of the bill is NATIONAL INFRASTRUCTURE INVESTMENT this heading, and may transfer portions of as follows: For capital investments in transportation those funds to the Administrators of the H.R. 5850 infrastructure, $400,000,000, to remain avail- Federal Highway Administration, the Fed- Be it enacted by the Senate and House of Rep- able through September 30, 2013: Provided, eral Transit Administration, the Federal resentatives of the United States of America in That the Secretary of Transportation shall Railroad Administration, the Federal Avia- Congress assembled, That the following sums distribute funds provided under this heading tion Administration, and the Federal Mari- are appropriated, out of any money in the as discretionary grants to be awarded to a time Administration, to fund the award and Treasury not otherwise appropriated, for the State, local government, transit agency, or a oversight of grants made under this heading. Departments of Transportation, and Housing collaboration among such entities on a com- FINANCIAL MANAGEMENT CAPITAL and Urban Development, and related agen- petitive basis for projects that will have a For necessary expenses for upgrading and cies for the fiscal year ending September 30, significant impact on the Nation, a metro- enhancing the Department of Transpor- 2011, and for other purposes, namely: politan area, or a region: Provided further, tation’s financial systems and re-engineering TITLE I That projects eligible for funding provided business processes, $18,500,000, to remain DEPARTMENT OF TRANSPORTATION under this heading shall include, but not be available until expended. limited to, highway or bridge projects eligi- CYBER SECURITY INITIATIVES OFFICE OF THE SECRETARY ble under title 23, United States Code; public SALARIES AND EXPENSES transportation projects eligible under chap- For necessary one-time expenses for cyber For necessary expenses of the Office of the ter 53 of title 49, United States Code; pas- security initiatives, including improvement Secretary, $111,615,000, of which not to ex- senger and freight rail transportation of network perimeter controls and identity ceed $2,667,000 shall be available for the im- projects; and port infrastructure invest- management, testing and assessment of in- mediate Office of the Secretary; not to ex- ments: Provided further, That in distributing formation technology against business, secu- ceed $1,000,000 shall be available for the im- funds provided under this heading, the Sec- rity, and other requirements, implementa- mediate Office of the Deputy Secretary; not retary shall take such measures so as to en- tion of federal cyber security initiatives and to exceed $19,711,000 shall be available for the sure an equitable geographic distribution of information infrastructure enhancements, Office of the General Counsel; not to exceed funds, an appropriate balance in addressing implementation of enhanced security con- $12,015,000 shall be available for the Office of the needs of urban and rural areas, and the trols on network devices, and enhancement the Under Secretary of Transportation for investment in a variety of transportation of cyber security workforce training tools, Policy; not to exceed $11,899,000 shall be modes: Provided further, That a grant funded $28,188,000, to remain available until ex- available for the Office of the Assistant Sec- under this heading shall be not less than pended. retary for Budget and Programs; not to ex- $5,000,000 and not greater than $75,000,000: OFFICE OF CIVIL RIGHTS ceed $2,530,000 shall be available for the Of- Provided further, That not more than 12.5 per- For necessary expenses of the Office of fice of the Assistant Secretary for Govern- cent of the funds made available under this Civil Rights, $9,767,000.

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TRANSPORTATION PLANNING, RESEARCH, AND agreements have completed the normal re- transferred to any budget activity under this DEVELOPMENT programming process for Congressional noti- heading: Provided further, That no transfer For necessary expenses for conducting fication. may increase or decrease any appropriation transportation planning, research, systems SEC. 102. None of the funds made available by more than 2 percent: Provided further, development, development activities, and under this Act may be obligated or expended That any transfer in excess of 2 percent shall making grants, to remain available until ex- to establish or implement a program under be treated as a reprogramming of funds pended, $9,819,000. which essential air service communities are under section 405 of this Act and shall not be required to assume subsidy costs commonly available for obligation or expenditure ex- WORKING CAPITAL FUND referred to as the EAS local participation cept in compliance with the procedures set For necessary expenses for operating costs program. forth in that section: Provided further, That and capital outlays of the Working Capital SEC. 103. The Secretary or his designee not later than March 31 of each fiscal year Fund, not to exceed $148,096,000, shall be paid may engage in activities with States and hereafter, the Administrator of the Federal from appropriations made available to the State legislators to consider proposals re- Aviation Administration shall transmit to Department of Transportation: Provided, lated to the reduction of motorcycle fatali- Congress an annual update to the report sub- That such services shall be provided on a ties. mitted to Congress in December 2004 pursu- competitive basis to entities within the De- SEC. 104. (a) Prior to awarding any grants ant to section 221 of Public Law 108–176: Pro- partment of Transportation: Provided further, under the National Infrastructure Invest- vided further, That the amount herein appro- That the above limitation on operating ex- ments program, the Secretary of Transpor- priated shall be reduced by $100,000 for each penses shall not apply to non-DOT entities: tation shall post on the Department of day after March 31 that such report has not Provided further, That no funds appropriated Transportation website any request or appli- been submitted to the Congress: Provided fur- in this Act to an agency of the Department cation for funding received by the Depart- ther, That not later than March 31 of each shall be transferred to the Working Capital ment for projects from the program. Such fiscal year hereafter, the Administrator shall Fund without the approval of the agency post shall include a copy of any such request transmit to Congress a companion report modal administrator: Provided further, That or application and all project data and sup- that describes a comprehensive strategy for no assessments may be levied against any plemental materials provided by the entity staffing, hiring, and training flight standards program, budget activity, subactivity or seeking such grant. and aircraft certification staff in a format project funded by this Act unless notice of (b) No later than 5 days after the announc- similar to the one utilized for the controller such assessments and the basis therefor are ing of grant awards, the Secretary shall post staffing plan, including stated attrition esti- presented to the House and Senate Commit- on the Department of Transportation mates and numerical hiring goals by fiscal tees on Appropriations and are approved by website a complete description and account- year: Provided further, That the amount here- such Committees. ing of what criteria, both qualitative and in appropriated shall be reduced by $100,000 MINORITY BUSINESS RESOURCE CENTER quantitative, was used in the selection of the per day for each day after March 31 that such PROGRAM grants under the program. report has not been submitted to Congress: For the cost of guaranteed loans, $329,000, (c) The Office of Inspector General of the Provided further, That funds may be used to as authorized by 49 U.S.C. 332: Provided, That Department of Transportation shall audit enter into a grant agreement with a non- such costs, including the cost of modifying and review 10 percent of grant recipients profit standard-setting organization to assist such loans, shall be as defined in section 502 under the National Infrastructure Invest- in the development of aviation safety stand- of the Congressional Budget Act of 1974: Pro- ments program to ensure that funds issued ards: Provided further, That none of the funds vided further, That these funds are available under such program are used appropriately in this Act shall be available for new appli- to subsidize total loan principal, any part of and within the scope of the grant awarded. cants for the second career training pro- which is to be guaranteed, not to exceed FEDERAL AVIATION ADMINISTRATION gram: Provided further, That none of the funds in this Act shall be available for the $18,367,000. In addition, for administrative ex- OPERATIONS penses to carry out the guaranteed loan pro- Federal Aviation Administration to finalize (AIRPORT AND AIRWAY TRUST FUND) gram, $584,000. or implement any regulation that would pro- (INCLUDING TRANSFER OF FUNDS) mulgate new aviation user fees not specifi- MINORITY BUSINESS OUTREACH For necessary expenses of the Federal cally authorized by law after the date of the For necessary expenses of Minority Busi- Aviation Administration, not otherwise pro- enactment of this Act: Provided further, That ness Resource Center outreach activities, vided for, including operations and research there may be credited to this appropriation $3,395,000, to remain available until Sep- activities related to commercial space trans- as offsetting collections funds received from tember 30, 2012: Provided, That notwith- portation, administrative expenses for re- States, counties, municipalities, foreign au- standing 49 U.S.C. 332, these funds may be search and development, establishment of thorities, other public authorities, and pri- used for business opportunities related to air navigation facilities, the operation (in- vate sources, including funds from fees au- any mode of transportation. cluding leasing) and maintenance of aircraft, thorized under Chapter 453 of title 49, United PAYMENTS TO AIR CARRIERS subsidizing the cost of aeronautical charts States Code, other than those authorized by (AIRPORT AND AIRWAY TRUST FUND) and maps sold to the public, lease or pur- section 45301(a)(1) of that title, which shall be available for expenses incurred in the pro- (INCLUDING TRANSFER OF FUNDS) chase of passenger motor vehicles for replacement only, in addition to amounts vision of agency services, including receipts In addition to funds made available from made available by Public Law 108–176, for the maintenance and operation of air any other source to carry out the essential $9,793,000,000, of which $3,900,000,000 shall be navigation facilities, and for issuance, re- air service program under 49 U.S.C. 41731 derived from the Airport and Airway Trust newal or modification of certificates, includ- through 41742, $146,000,000, to be derived from Fund, of which not to exceed $7,630,628,000 ing airman, aircraft, and repair station cer- the Airport and Airway Trust Fund, to re- shall be available for air traffic organization tificates, or for tests related thereto, or for main available until expended: Provided, activities; not to exceed $1,304,486,000 shall be processing major repair or alteration forms: That, in determining between or among car- available for aviation safety activities; not Provided further, That of the funds appro- riers competing to provide service to a com- to exceed $16,747,000 shall be available for priated under this heading, not less than munity, the Secretary may consider the rel- commercial space transportation activities; $9,500,000 shall be for the contract tower ative subsidy requirements of the carriers: not to exceed $114,784,000 shall be available cost-sharing program: Provided further, That Provided further, That, if the funds under this for financial services activities; not to ex- none of the funds in this Act for aeronautical heading are insufficient to meet the costs of ceed $103,297,000 shall be available for human charting and cartography are available for the essential air service program in the cur- resources program activities; not to exceed activities conducted by, or coordinated rent fiscal year, the Secretary shall transfer $361,354,000 shall be available for region and through, the Working Capital Fund. such sums as may be necessary to carry out center operations and regional coordination the essential air service program from any FACILITIES AND EQUIPMENT activities; not to exceed $208,994,000 shall be available amounts appropriated to or di- available for staff offices; and not to exceed (AIRPORT AND AIRWAY TRUST FUND) rectly administered by the Office of the Sec- $53,360,000 shall be available for information For necessary expenses, not otherwise pro- retary for such fiscal year. services: Provided, That the Secretary utilize vided for, for acquisition, establishment, ADMINISTRATIVE PROVISIONS—OFFICE OF THE not less than $17,000,000 of the funds provided technical support services, improvement by SECRETARY OF TRANSPORTATION for aviation safety activities to pay for staff contract or purchase, and hire of national SEC. 101. None of the funds made available increases in the Office of Aviation Flight airspace systems and experimental facilities in this Act to the Department of Transpor- Standards and the Office of Aircraft Certifi- and equipment, as authorized under part A of tation may be obligated for the Office of the cation: Provided further, That none of the subtitle VII of title 49, United States Code, Secretary of Transportation to approve as- funds provided for increases to the staffs of including initial acquisition of necessary sessments or reimbursable agreements per- the aviation flight standards and aircraft sites by lease or grant; engineering and serv- taining to funds appropriated to the modal certification offices shall be used for other ice testing, including construction of test fa- administrations in this Act, except for ac- purposes: Provided further, That not to ex- cilities and acquisition of necessary sites by tivities underway on the date of enactment ceed 2 percent of any budget activity, except lease or grant; construction and furnishing of this Act, unless such assessments or for aviation safety budget activity, may be of quarters and related accommodations for

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6327 officers and employees of the Federal Avia- administration, not less than $15,000,000 shall available under this heading, not less than tion Administration stationed at remote lo- be available for the airport cooperative re- $8,000,000 shall be for renovations and up- calities where such accommodations are not search program, not less than $27,217,000 grades to the fiscal management information available; and the purchase, lease, or trans- shall be for Airport Technology Research. system, except that such funds may not be fer of aircraft from funds available under ADMINISTRATIVE PROVISIONS—FEDERAL obligated for such purpose until the Sec- this heading, including aircraft for aviation AVIATION ADMINISTRATION retary of Transportation submits to the regulation and certification; to be derived House and Senate Committees on Appropria- SEC. 110. None of the funds in this Act may from the Airport and Airway Trust Fund, tions a plan that identifies the full cost of be used to compensate in excess of 600 tech- $3,000,000,000, of which $2,508,000,000 shall re- the upgrades needed and a timeline for com- nical staff-years under the federally funded main available until September 30, 2013, and pletion. In addition, not to exceed $3,300,000 research and development center contract of which $492,000,000 shall remain available shall be paid from appropriations made between the Federal Aviation Administra- until September 30, 2011: Provided, That there available by this Act and transferred to the tion and the Center for Advanced Aviation may be credited to this appropriation funds Appalachian Regional Commission in accord- Systems Development during fiscal year received from States, counties, municipali- ance with section 104 of title 23, United 2011. ties, other public authorities, and private States Code. SEC. 111. None of the funds in this Act shall FEDERAL-AID HIGHWAYS sources, for expenses incurred in the estab- be used to pursue or adopt guidelines or reg- lishment, improvement, and modernization ulations requiring airport sponsors to pro- (LIMITATION ON OBLIGATIONS) of National Airspace Systems: Provided fur- vide to the Federal Aviation Administration (HIGHWAY TRUST FUND) ther, That upon initial submission to the without cost building construction, mainte- None of the funds in this Act shall be Congress of the fiscal year 2012 President’s nance, utilities and expenses, or space in air- available for the implementation or execu- budget, the Secretary of Transportation port sponsor-owned buildings for services re- tion of programs, the obligations for which shall transmit to the Congress a comprehen- lating to air traffic control, air navigation, are in excess of $45,217,700,000 for Federal-aid sive capital investment plan for the Federal or weather reporting: Provided, That the pro- highways and highway safety construction Aviation Administration which includes hibition of funds in this section does not programs for fiscal year 2011: Provided, That funding for each budget line item for fiscal apply to negotiations between the agency within the $45,217,700,000 obligation limita- years 2012 through 2016, with total funding and airport sponsors to achieve agreement tion on Federal-aid highways and highway for each year of the plan constrained to the on ‘‘below-market’’ rates for these items or safety construction programs, not more than funding targets for those years as estimated to grant assurances that require airport $429,800,000 shall be available for the imple- and approved by the Office of Management sponsors to provide land without cost to the mentation or execution of programs for and Budget. FAA for air traffic control facilities. transportation research (chapter 5 of title 23, RESEARCH, ENGINEERING, AND DEVELOPMENT SEC. 112. The Administrator of the Federal United States Code; sections 111, 5505, and (AIRPORT AND AIRWAY TRUST FUND) Aviation Administration may reimburse 5506 of title 49, United States Code; and title For necessary expenses, not otherwise pro- amounts made available to satisfy 49 U.S.C. 5 of Public Law 109–59) for fiscal year 2011: vided for, for research, engineering, and de- 41742(a)(1) from fees credited under 49 U.S.C. Provided further, That this limitation on velopment, as authorized under part A of 45303: Provided, That during fiscal year 2011, transportation research programs shall not subtitle VII of title 49, United States Code, 49 U.S.C. 41742(b) shall not apply, and any apply to any authority previously made including construction of experimental fa- amount remaining in such account at the available for obligation: Provided further, cilities and acquisition of necessary sites by close of that fiscal year may be made avail- That the Secretary may, as authorized by lease or grant, $198,000,000, to be derived from able to satisfy section 41742(a)(1) for the subsection 605(b) of title 23, United States Code, the Airport and Airway Trust Fund and to sequent fiscal year. collect and spend fees to cover the costs of remain available until September 30, 2013: SEC. 113. Amounts collected under section services of expert firms, including counsel, Provided, That there may be credited to this 40113(e) of title 49, United States Code, shall in the field of municipal and project finance appropriation as offsetting collections, funds be credited to the appropriation current at to assist in the underwriting and servicing of received from States, counties, municipali- the time of collection, to be merged with and Federal credit instruments and all or a por- ties, other public authorities, and private available for the same purposes of such ap- tion of the costs to the Federal Government sources, which shall be available for ex- propriation. of servicing such credit instruments: Pro- penses incurred for research, engineering, SEC. 114. None of the funds appropriated or vided further, That such fees are available and development. limited by this Act may be used to change until expended to pay for such costs: Pro- GRANTS-IN-AID FOR AIRPORTS weight restrictions or prior permission rules vided further, That such amounts are in addi- at Teterboro airport in Teterboro, New Jer- tion to administrative expenses that are also (LIQUIDATION OF CONTRACT AUTHORIZATION) sey. available for such purpose, and are not sub- (LIMITATION ON OBLIGATIONS) SEC. 115. None of the funds limited by this ject to any obligation limitation or the limi- (AIRPORT AND AIRWAY TRUST FUND) Act for grants under the Airport Improve- tation on administrative expenses under sec- For liquidation of obligations incurred for ment Program shall be made available to the tion 608 of title 23, United States Code. grants-in-aid for airport planning and devel- sponsor of a commercial service airport if (LIQUIDATION OF CONTRACT AUTHORIZATION) opment, and noise compatibility planning such sponsor fails to agree to a request from (HIGHWAY TRUST FUND) and programs as authorized under sub- the Secretary of Transportation for cost-free For carrying out the provisions of title 23, chapter I of chapter 471 and subchapter I of space in a non-revenue producing, public use United States Code, that are attributable to chapter 475 of title 49, United States Code, area of the airport terminal or other airport Federal-aid highways, not otherwise pro- and under other law authorizing such obliga- facilities for the purpose of carrying out a vided, including reimbursement for sums ex- tions; for procurement, installation, and public service air passenger rights and con- pended pursuant to the provisions of 23 commissioning of runway incursion preven- sumer outreach campaign. U.S.C. 308, $45,956,700,000 or so much thereof tion devices and systems at airports of such SEC. 116. None of the funds in this Act shall as may be available in and derived from the title; for grants authorized under section be available for paying premium pay under Highway Trust Fund (other than the Mass 41743 of title 49, United States Code; and for subsection 5546(a) of title 5, United States Transit Account), to remain available until inspection activities and administration of Code, to any Federal Aviation Administra- expended. airport safety programs, including those re- tion employee unless such employee actually lated to airport operating certificates under performed work during the time cor- ADMINISTRATIVE PROVISIONS—FEDERAL section 44706 of title 49, United States Code, responding to such premium pay. HIGHWAY ADMINISTRATION $3,550,000,000, to be derived from the Airport SEC. 117. None of the funds in this Act may (INCLUDING RESCISSIONS) and Airway Trust Fund and to remain avail- be obligated or expended for an employee of SEC. 120. (a) For fiscal year 2011, the Sec- able until expended: Provided, That none of the Federal Aviation Administration to pur- retary of Transportation shall— the funds under this heading shall be avail- chase a store gift card or gift certificate (1) not distribute from the obligation limi- able for the planning or execution of pro- through use of a Government-issued credit tation for Federal-aid highways amounts au- grams the obligations for which are in excess card. thorized for administrative expenses and proof $3,515,000,000 in fiscal year 2011, notwith- FEDERAL HIGHWAY ADMINISTRATION grams by section 104(a) of title 23, United standing section 47117(g) of title 49, United States Code; programs funded from the ad- LIMITATION ON ADMINISTRATIVE EXPENSES States Code: Provided further, That none of ministrative takedown authorized by section the funds under this heading shall be avail- (INCLUDING TRANSFER OF FUNDS) 104(a)(1) of title 23, United States Code (as in able for the replacement of baggage con- Not to exceed $428,843,000, together with effect on the date before the date of enact- veyor systems, reconfiguration of terminal advances and reimbursements received by ment of the Safe, Accountable, Flexible, Ef- baggage areas, or other airport improve- the Federal Highway Administration, shall ficient Transportation Equity Act: A Legacy ments that are necessary to install bulk ex- be paid in accordance with law from appro- for Users); the highway use tax evasion pro- plosive detection systems: Provided further, priations made available by this Act to the gram; and the Bureau of Transportation Sta- That notwithstanding any other provision of Federal Highway Administration for nec- tistics; law, of funds limited under this heading, not essary expenses for administration and oper- (2) not distribute an amount from the obli- more than $99,622,000 shall be obligated for ation: Provided, That of the funds made gation limitation for Federal-aid highways

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6328 CONGRESSIONAL RECORD — HOUSE July 29, 2010 that is equal to the unobligated balance of under section 9 of the Federal-Aid Highway year under subsection (a)(4) for the provision amounts made available from the Highway Act of 1981; (4) under subsections (b) and (j) specified in subsection (a)(4) shall— Trust Fund (other than the Mass Transit Ac- of section 131 of the Surface Transportation (1) remain available until used for obliga- count) for Federal-aid highways and highway Assistance Act of 1982; (5) under subsections tion of funds for that provision; and safety programs for previous fiscal years the (b) and (c) of section 149 of the Surface (2) be in addition to the amount of any lim- funds for which are allocated by the Sec- Transportation and Uniform Relocation As- itation imposed on obligations for Federal- retary; sistance Act of 1987; (6) under sections 1103 aid highway and highway safety construc- (3) determine the ratio that— through 1108 of the Intermodal Surface tion programs for future fiscal years. (A) the obligation limitation for Federal- Transportation Efficiency Act of 1991; (7) (g) HIGH PRIORITY PROJECT FLEXIBILITY.— aid highways, less the aggregate of amounts under section 157 of title 23, United States (1) IN GENERAL.—Subject to paragraph (2), not distributed under paragraphs (1) and (2), Code, as in effect on the day before the date obligation authority distributed for such fis- bears to of the enactment of the Transportation Eq- cal year under subsection (a)(4) for each (B) the total of the sums authorized to be uity Act for the 21st Century; (8) under sec- project numbered 1 through 3676 listed in the appropriated for Federal-aid highways and tion 105 of title 23, United States Code, as in table contained in section 1702 of the Safe, highway safety construction programs (other effect for fiscal years 1998 through 2004, but Accountable, Flexible, Efficient Transpor- than sums authorized to be appropriated for only in an amount equal to $639,000,000 for tation Equity Act: A Legacy for Users may provisions of law described in paragraphs (1) each of those fiscal years; (9) for Federal-aid be obligated for any other project in such through (9) of subsection (b) and sums au- highway programs for which obligation au- section in the same State. thorized to be appropriated for section 105 of thority was made available under the Trans- (2) RESTORATION.—Obligation authority title 23, United States Code, equal to the portation Equity Act for the 21st Century or used as described in paragraph (1) shall be re- amount referred to in subsection (b)(10) for subsequent public laws for multiple years or stored to the original purpose on the date on such fiscal year), less the aggregate of the to remain available until used, but only to which obligation authority is distributed amounts not distributed under paragraphs the extent that the obligation authority has under this section for the next fiscal year (1) and (2) of this subsection; not lapsed or been used; (10) under section following obligation under paragraph (1). (4)(A) distribute the obligation limitation 105 of title 23, United States Code, but only (h) LIMITATION ON STATUTORY CONSTRUC- for Federal-aid highways, less the aggregate in an amount equal to $639,000,000 for each of TION.—Nothing in this section shall be con- amounts not distributed under paragraphs fiscal years 2005 through 2011; and (11) under strued to limit the distribution of obligation (1) and (2), for sections 1301, 1302, and 1934 of section 1603 of the Safe, Accountable, Flexi- authority under subsection (a)(4)(A) for each the Safe, Accountable, Flexible, Efficient ble, Efficient Transportation Equity Act: A of the individual projects numbered greater Transportation Equity Act: A Legacy for Legacy for Users, to the extent that funds than 3676 listed in the table contained in sec- Users; sections 117 (but individually for each obligated in accordance with that section tion 1702 of the Safe, Accountable, Flexible, project numbered 1 through 3676 listed in the were not subject to a limitation on obliga- Efficient Transportation Equity Act: A Leg- table contained in section 1702 of the Safe, tions at the time at which the funds were acy for Users. Accountable, Flexible, Efficient Transpor- initially made available for obligation. SEC. 121. Notwithstanding 31 U.S.C. 3302, (c) REDISTRIBUTION OF UNUSED OBLIGATION tation Equity Act: A Legacy for Users) and funds received by the Bureau of Transpor- AUTHORITY.—Notwithstanding subsection (a), section 144(g) of title 23, United States Code; tation Statistics from the sale of data prod- the Secretary shall, after August 1 of such and section 14501 of title 40, United States ucts, for necessary expenses incurred pursu- fiscal year, revise a distribution of the obli- Code, so that the amount of obligation au- ant to 49 U.S.C. 111 may be credited to the gation limitation made available under sub- Federal-aid highways account for the pur- thority available for each of such sections is section (a) if the amount distributed cannot pose of reimbursing the Bureau for such ex- equal to the amount determined by multi- be obligated during that fiscal year and re- penses: Provided, That such funds shall be plying the ratio determined under paragraph distribute sufficient amounts to those States subject to the obligation limitation for Fed- (3) by the sums authorized to be appropriated able to obligate amounts in addition to those eral-aid highways and highway safety con- for that section for the fiscal year; and previously distributed during that fiscal struction. (B) distribute $2,000,000,000 for section 105 year, giving priority to those States having SEC. 122. Not less than 15 days prior to of title 23, United States Code; large unobligated balances of funds appor- waiving, under his statutory authority, any (5) distribute the obligation limitation pro- tioned under sections 104 and 144 of title 23, Buy America requirement for Federal-aid vided for Federal-aid highways, less the ag- United States Code. highway projects, the Secretary of Transpor- gregate amounts not distributed under para- (d) APPLICABILITY OF OBLIGATION LIMITA- tation shall make an informal public notice graphs (1) and (2) and amounts distributed TIONS TO TRANSPORTATION RESEARCH PRO- and comment opportunity on the intent to under paragraph (4), for each of the programs GRAMS.—The obligation limitation shall issue such waiver and the reasons therefor: that are allocated by the Secretary under apply to transportation research programs Provided, That the Secretary shall provide an the Safe, Accountable, Flexible, Efficient carried out under chapter 5 of title 23, United annual report to the Appropriations Com- Transportation Equity Act: A Legacy for States Code, and title V (research title) of mittees of the Congress on any waivers Users and title 23, United States Code (other the Safe, Accountable, Flexible, Efficient granted under the Buy America require- than to programs to which paragraphs (1) Transportation Equity Act: A Legacy for ments. and (4) apply), by multiplying the ratio de- Users, except that obligation authority made SEC. 123. (a) IN GENERAL.—Except as pro- termined under paragraph (3) by the available for such programs under such limi- vided in subsection (b), none of the funds amounts authorized to be appropriated for tation shall remain available for a period of made available, limited, or otherwise af- each such program for such fiscal year; and 3 fiscal years and shall be in addition to the fected by this Act shall be used to approve or (6) distribute the obligation limitation pro- amount of any limitation imposed on obliga- otherwise authorize the imposition of any vided for Federal-aid highways, less the ag- tions for Federal-aid highway and highway toll on any segment of highway located on gregate amounts not distributed under para- safety construction programs for future fis- the Federal-aid system in the State of Texas graphs (1) and (2) and amounts distributed cal years. that— under paragraphs (4) and (5), for Federal-aid (e) REDISTRIBUTION OF CERTAIN AUTHORIZED (1) as of the date of enactment of this Act, highways and highway safety construction FUNDS.— is not tolled; programs (other than the amounts appor- (1) IN GENERAL.—Not later than 30 days (2) is constructed with Federal assistance tioned for the equity bonus program, but after the date of the distribution of obliga- provided under title 23, United States Code; and only to the extent that the amounts appor- tion limitation under subsection (a), the Sec- retary shall distribute to the States any (3) is in actual operation as of the date of tioned for the equity bonus program for the enactment of this Act. funds that— fiscal year are greater than $2,639,000,000, and (b) EXCEPTIONS.— the Appalachian development highway sys- (A) are authorized to be appropriated for (1) NUMBER OF TOLL LANES.—Subsection (a) tem program) that are apportioned by the such fiscal year for Federal-aid highways shall not apply to any segment of highway Secretary under the Safe, Accountable, programs; and on the Federal-aid system described in that Flexible, Efficient Transportation Equity (B) the Secretary determines will not be subsection that, as of the date on which a Act: A Legacy for Users and title 23, United allocated to the States, and will not be avail- toll is imposed on the segment, will have the States Code, in the ratio that— able for obligation, in such fiscal year due to same number of non-toll lanes as were in ex- (A) amounts authorized to be appropriated the imposition of any obligation limitation istence prior to that date. for such programs that are apportioned to for such fiscal year. (2) HIGH-OCCUPANCY VEHICLE LANES.—A each State for such fiscal year, bear to (2) RATIO.—Funds shall be distributed high-occupancy vehicle lane that is con- (B) the total of the amounts authorized to under paragraph (1) in the same ratio as the verted to a toll lane shall not be subject to be appropriated for such programs that are distribution of obligation authority under this section, and shall not be considered to apportioned to all States for such fiscal year. subsection (a)(6). be a non-toll lane for purposes of deter- (b) EXCEPTIONS FROM OBLIGATION LIMITA- (3) AVAILABILITY.—Funds distributed under mining whether a highway will have fewer TION.—The obligation limitation for Federal- paragraph (1) shall be available for any pur- non-toll lanes than prior to the date of impo- aid highways shall not apply to obligations: poses described in section 133(b) of title 23, sition of the toll, if— (1) under section 125 of title 23, United States United States Code. (A) high-occupancy vehicles occupied by Code; (2) under section 147 of the Surface (f) SPECIAL LIMITATION CHARACTERISTICS.— the number of passengers specified by the en- Transportation Assistance Act of 1978; (3) Obligation limitation distributed for a fiscal tity operating the toll lane may use the toll

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6329 lane without paying a toll, unless otherwise of Public Law 111–8 (123 Stat. 947), the item 4134 of Public Law 109–59: Provided further, specified by the appropriate county, town, relating to ‘‘Newton County Rails to Trails That notwithstanding any other provision of municipal or other local government entity, By-Pass Tunnel, GA’’ in the table of projects law, none of the funds under this heading for or public toll road or transit authority; or under the heading ‘‘Transportation, Commu- outreach and education shall be available for (B) each high-occupancy vehicle lane that nity, and System Preservation Program’’ is transfer. was converted to a toll lane was constructed deemed to be amended by striking ‘‘Newton MOTOR CARRIER SAFETY GRANTS as a temporary lane to be replaced by a toll County Rails to Trails By-Pass Tunnel, GA’’ (LIQUIDATION OF CONTRACT AUTHORIZATION) lane under a plan approved by the appro- and inserting ‘‘Newton County Eastside High priate county, town, municipal or other local School to County Library Trail, GA’’. (LIMITATION ON OBLIGATIONS) government entity, or public toll road or SEC. 126. The table contained in section (HIGHWAY TRUST FUND) transit authority. 1702 of the Safe, Accountable, Flexible, Effi- For payment of obligations incurred in SEC. 124. Notwithstanding any other provi- cient Transportation Equity Act: A Legacy carrying out sections 31102, 31104(a), 31106, sion of law, whenever an apportionment is for Users (119 Stat. 1256) is amended— 31107, 31109, 31309, 31313 of title 49, United made of the sums authorized to be appro- (a) in item number 1366, by striking the States Code, and sections 4126 and 4128 of priated for the Surface Transportation Pro- project description and inserting ‘‘Road and Public Law 109–59, $310,070,000, to be derived gram, the Congestion Mitigation and Air bridge improvements and storm water miti- from the Highway Trust Fund (other than Quality Improvement Program, the National gation in the Town of Southampton’’; and the Mass Transit Account) and to remain Highway System Program, the Interstate (b) in item number 2252 by striking the available until expended: Provided, That Maintenance Program, and the Highway project description and inserting ‘‘Oper- none of the funds in this Act shall be avail- Bridge Program, the Secretary of Transpor- ational safety studies, final design and/or able for the implementation or execution of tation shall deduct a sum in such amount construction of intersection operational and programs, the obligations for which are in not to exceed a total of $200,000,000 of all safety improvements for USH 53 between excess of $310,070,000, for ‘‘Motor Carrier sums so authorized: Provided, That of the Rice Lake and Superior, Wisconsin’’. Safety Grants’’; of which $215,070,000 shall be amount so deducted in accordance with this SEC. 127. The table contained in section section shall be made available for the Fed- available for the motor carrier safety assist- 1602 of the Transportation Equity Act for the ance program to carry out sections 31102 and eral Highway Administration Livable Com- 21st Century (112 Stat. 257) is amended— munities Program: Provided further, That the 31104(a) of title 49, United States Code; (a) in item number 414 by striking the $30,000,000 shall be available for the commer- Federal share payable on account of any pro- project description and inserting ‘‘Engineer- gram, project, or activity carried out with cial driver’s license improvements program ing, design and construction of the North to carry out section 31313 of title 49, United funds made available under this section shall Street, Pittsfield, streetscaping project’’; be determined in accordance with 23 U.S.C. States Code; $32,000,000 shall be available for and 120: Provided further, That the Administrator the border enforcement grants program to (b) in item number 815 by striking the of the Federal Highway Administration may carry out section 31107 of title 49, United project description and inserting ‘‘ Highway retain up to one percent of the funds pro- States Code; $5,000,000 shall be available for 10 relocation, City of Wadena’’. vided under this section for administrative the performance and registration informa- SEC. 128. Of the unobligated balances made expenses: Provided further, That the sum de- tion system management program to carry ducted in accordance with this section shall available under Public Law 101–516, Public out sections 31106(b) and 31109 of title 49, remain available until expended: Provided Law 102–143, Public Law 103–331, and Public United States Code; $25,000,000 shall be avail- further, That all funds made available under Law 106–346, $33,905,809 are rescinded: Pro- able for the commercial vehicle information this section shall be subject to any limita- vided,That in administering the rescission systems and networks deployment program tion on obligations for Federal-aid highways required under this section, the Secretary of to carry out section 4126 of Public Law 109– programs set forth in this Act or any other Transportation shall first consider: (1) 59; and $3,000,000 shall be available for the Act: Provided further, That the obligation projects where the designated purpose has safety data improvement program to carry limitation made available for the programs, been completed and the remaining funds are out section 4128 of Public Law 109–59: Pro- projects, and activities for which funds are no longer needed to meet that purpose; and vided further, That of the funds made avail- made available under this section shall re- (2) projects with more than 90 percent of the able for the motor carrier safety assistance main available until used and shall be in ad- appropriated amount remaining available for program, $35,000,000 shall be available for au- dition to the amount of any limitation im- obligation. dits of new entrant motor carriers. SEC. 129. Of the amounts made available posed on obligations for Federal-aid highway MOTOR CARRIER SAFETY and highway safety construction programs for ‘‘Highway Related Safety Grants’’ by sec- (HIGHWAY TRUST FUND) for future fiscal years: Provided further, That tion 402 of title 23, United States Code, and in apportioning funds for fiscal year 2011 for administered by the Federal Highway Ad- (RESCISSION) the equity bonus program under Section 105 ministration, $3,651 in unobligated balances Of the amounts made available under this of title 23, United States Code, the Secretary are rescinded. heading in prior appropriations Acts, shall make any calculations required to be SEC. 130. Of the amounts made available $7,330,000 in unobligated balances are perma- made under that section as if this provision under section 104(a) of title 23, United States nently rescinded. Code, $1,863,000 are permanently rescinded. had not been enacted. NATIONAL MOTOR CARRIER SAFETY PROGRAM SEC. 125. (a) In the explanatory statement FEDERAL MOTOR CARRIER SAFETY (HIGHWAY TRUST FUND) referenced in section 186 of title I of division ADMINISTRATION A of Public Law 111–117 (123 Stat. 3070), the (RESCISSION) MOTOR CARRIER SAFETY OPERATIONS AND item relating to ‘‘Chalk Bluff Road, Clay PROGRAMS Of the amounts made available under this County, AR’’ in the table of projects under heading in prior appropriations Acts, (LIQUIDATION OF CONTRACT AUTHORIZATION) the heading ‘‘Delta Region Transportation $15,076,000 in unobligated balances are per- Development Program’’ is deemed to be (LIMITATION ON OBLIGATIONS) manently rescinded. amended by striking ‘‘Chalk Bluff Road, (HIGHWAY TRUST FUND) ADMINISTRATIVE PROVISION—FEDERAL MOTOR Clay County, AR’’ and inserting ‘‘Cabot For payment of obligations incurred in the CARRIER SAFETY ADMINISTRATION North Interchange, AR’’. implementation, execution and administra- (b) In the explanatory statement ref- SEC. 135. Funds appropriated or limited in erenced in section 186 of title I of division A tion of motor carrier safety operations and this Act shall be subject to the terms and of Public Law 111–117 (123 Stat. 3070), the programs pursuant to section 31104(i) of title conditions stipulated in section 350 of Public item relating to ‘‘I-480/Tiedeman Road Inter- 49, United States Code, and sections 4127 and Law 107–87 and section 6901 of Public Law change Modification, OH’’ in the table of 4134 of Public Law 109–59, $259,878,000, to be 110–28, including that the Secretary submit a projects under the heading ‘‘Interstate Main- derived from the Highway Trust Fund (other report to the House and Senate Appropria- tenance Discretionary’’ is deemed to be than the Mass Transit Account), together tions Committees annually on the safety and amended by striking ‘‘I-480/Tiedeman Road with advances and reimbursements received security of transportation into the United Interchange Modification, OH’’ and inserting by the Federal Motor Carrier Safety Admin- States by Mexico-domiciled motor carriers. istration, the sum of which shall remain ‘‘Construction and upgrades at four grade NATIONAL HIGHWAY TRAFFIC SAFETY available until expended: Provided, That crossings in Olmsted Falls, OH’’. ADMINISTRATION (c) Funds made available for ‘‘Construction none of the funds derived from the Highway OPERATIONS AND RESEARCH of the I-278 Environmental Shield, Queens, Trust Fund in this Act shall be available for NY’’ under the heading ‘‘Surface transpor- the implementation, execution or adminis- For expenses necessary to discharge the tation priorities’’ in title I of division A of tration of programs, the obligations for functions of the Secretary, with respect to Public Law 111–117 (123 Stat. 3044) shall be which are in excess of $259,878,000, for ‘‘Motor traffic and highway safety under subtitle C made available for ‘‘Reconstruction and re- Carrier Safety Operations and Programs’’ of of title X of Public Law 109–59 and chapter configuration of the northbound off-ramp which $8,586,000, to remain available for obli- 301 and part C of subtitle VI of title 49, from Interstate 95 to Bartow/Baychester Av- gation until September 30, 2013, is for the re- United States Code, $148,127,000, of which enue, Bronx, NY’’. search and technology program and $1,000,000 $10,000,000 shall remain available through (d) In the explanatory statement ref- shall be available for commercial motor ve- September 30, 2012: Provided, That none of erenced in section 186 of title I of division I hicle operator’s grants to carry out section the funds appropriated by this Act may be

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6330 CONGRESSIONAL RECORD — HOUSE July 29, 2010 obligated or expended to plan, finalize, or grants for future fiscal years, of which up to not have developed plans required under sub- implement any rulemaking to add to section $50,000,000 may be made available by the Sec- section 20156(e)(2) of title 49, United States 575.104 of title 49 of the Code of Federal Reg- retary as grants to States that enact and en- Code, and section 20157 of such title. ulations any requirement pertaining to a force laws to prevent distracted driving; RAILROAD REHABILITATION AND IMPROVEMENT grading standard that is different from the $34,500,000 shall be for ‘‘State Traffic Safety FINANCING PROGRAM three grading standards (treadwear, traction, Information System Improvements’’ under 23 The Secretary of Transportation is author- and temperature resistance) already in ef- U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol- ized to issue to the Secretary of the Treas- fect. Impaired Driving Countermeasures Incentive ury notes or other obligations pursuant to OPERATIONS AND RESEARCH Grant Program’’ under 23 U.S.C. 410; section 512 of the Railroad Revitalization $25,328,000 shall be for ‘‘Administrative Ex- (LIQUIDATION OF CONTRACT AUTHORIZATION) and Regulatory Reform Act of 1976 (Public penses’’ under section 2001(a)(11) of Public Law 94–210), as amended, in such amounts (LIMITATION ON OBLIGATIONS) Law 109–59; $29,000,000 shall be for ‘‘High Visi- and at such times as may be necessary to (HIGHWAY TRUST FUND) bility Enforcement Program’’ under section pay any amounts required pursuant to the For payment of obligations incurred in 2009 of Public Law 109–59; $7,000,000 shall be guarantee of the principal amount of obliga- carrying out the provisions of 23 U.S.C. 403, for ‘‘Motorcyclist Safety’’ under section 2010 tions under sections 511 through 513 of such $110,073,000 to be derived from the Highway of Public Law 109–59; and $7,000,000 shall be Act, such authority to exist as long as any Trust Fund (other than the Mass Transit Ac- for ‘‘Child Safety and Child Booster Seat such guaranteed obligation is outstanding: count) and to remain available until ex- Safety Incentive Grants’’ under section 2011 Provided, That pursuant to section 502 of pended: Provided, That none of the funds in of Public Law 109–59: Provided further, That such Act, as amended, no new direct loans or this Act shall be available for the planning of the funds made available for grants to loan guarantee commitments shall be made or execution of programs the total obliga- States that enact and enforce laws to pre- using Federal funds for the credit risk pre- tions for which, in fiscal year 2011, are in ex- vent distracted driving, up to $5,000,000 may mium during fiscal year 2011. cess of $110,073,000 for programs authorized be available for the development, produc- CAPITAL ASSISTANCE FOR HIGH SPEED RAIL under 23 U.S.C. 403: Provided further, That tion, and use of broadcast and print media CORRIDORS AND INTERCITY PASSENGER RAIL within the $110,073,000 obligation limitation advertising for distracted driving preven- SERVICE for operations and research, $10,000,000 shall tion: Provided further, That none of these To enable the Secretary of Transportation remain available until September 30, 2012 funds shall be used for construction, reha- to make grants for high-speed rail projects and shall be in addition to the amount of any bilitation, or remodeling costs, or for office as authorized under section 26106 of title 49, limitation imposed on obligations for future furnishings and fixtures for State, local or United States Code, capital investment years. private buildings or structures: Provided fur- grants to support intercity passenger rail ther, That not to exceed $500,000 of the funds NATIONAL DRIVER REGISTER service as authorized under section 24406 of made available for section 410 ‘‘Alcohol-Im- title 49, United States Code, and congestion (LIQUIDATION OF CONTRACT AUTHORIZATION) paired Driving Countermeasures Grants’’ grants as authorized under section 24105 of (LIMITATION ON OBLIGATIONS) shall be available for technical assistance to title 49, United States Code, and to enter (HIGHWAY TRUST FUND) the States: Provided further, That not to ex- into cooperative agreements for these pur- ceed $750,000 of the funds made available for For payment of obligations incurred in poses as authorized, $1,400,000,000, to remain the ‘‘High Visibility Enforcement Program’’ carrying out chapter 303 of title 49, United available until expended: Provided, That up shall be available for the evaluation required States Code, $4,170,000, to be derived from the to $50,000,000 of funds provided under this under section 2009(f) of Public Law 109–59. Highway Trust Fund (other than the Mass paragraph are available to the Administrator Transit Account) and to remain available ADMINISTRATIVE PROVISIONS—NATIONAL of the Federal Railroad Administration to until expended: Provided, That none of the HIGHWAY TRAFFIC SAFETY ADMINISTRATION fund the award and oversight by the Admin- funds in this Act shall be available for the (INCLUDING RESCISSION) istrator of grants and cooperative agreements for intercity and high-speed rail: Pro- implementation or execution of programs SEC. 140. Notwithstanding any other provi- the total obligations for which, in fiscal year sion of law or limitation on the use of funds vided further, That up to $30,000,000 of the 2011, are in excess of $4,170,000 for the Na- made available under section 403 of title 23, funds provided under this paragraph are tional Driver Register authorized under such United States Code, an additional $130,000 available to the Administrator for the pur- chapter. shall be made available to the National poses of conducting research and dem- onstrating technologies supporting the de- NATIONAL DRIVER REGISTER MODERNIZATION Highway Traffic Safety Administration, out velopment of high-speed rail in the United For an additional amount for the ‘‘Na- of the amount limited for section 402 of title 23, United States Code, to pay for travel and States, including the demonstration of next- tional Driver Register’’as authorized by generation rolling stock fleet technology chapter 303 of title 49, United States Code, related expenses for State management reviews and to pay for core competency devel- and the implementation of the Rail Coopera- $2,530,000, to remain available through Sep- tive Research Program authorized by section tember 30, 2012: Provided, That the funding opment training and related expenses for highway safety staff. 24910 of title 49, United States Code: Provided made available under this heading shall be further, That up to $50,000,000 of the funds SEC. 141. The limitations on obligations for used to continue the modernization of the provided under this paragraph may be used National Driver Register. the programs of the National Highway Traf- fic Safety Administration set in this Act for planning activities that lead directly to HIGHWAY TRAFFIC SAFETY GRANTS shall not apply to obligations for which obli- the development of a passenger rail corridor (LIQUIDATION OF CONTRACT AUTHORIZATION) gation authority was made available in pre- investment plan consistent with the requirements established by the Administrator or a (LIMITATION ON OBLIGATIONS) vious public laws for multiple years but only state rail plan consistent with chapter 227 of (HIGHWAY TRUST FUND) to the extent that the obligation authority has not lapsed or been used. title 49, United States Code: Provided further, For payment of obligations incurred in That the Secretary may retain a portion of SEC. 142. Of the amounts made available carrying out the provisions of 23 U.S.C. 402, under the heading ‘‘Highway Traffic Safety the funds made available for planning activi- 405, 406, 408, and 410 and sections 2001(a)(11), Grants (Liquidation of Contract Authoriza- ties under the previous proviso to facilitate 2009, 2010, and 2011 of Public Law 109–59, to tion) (Limitation on Obligations) (Highway the preparation of a service development remain available until expended, $626,328,000 Trust Fund)’’ in prior appropriations Acts, plan and related environmental impact to be derived from the Highway Trust Fund $7,907,000 in unobligated balances are perma- statement for high-speed corridors located in (other than the Mass Transit Account): Pro- nently rescinded. multiple States: Provided further, That the vided, That none of the funds in this Act Secretary shall issue interim guidance to ap- shall be available for the planning or execu- FEDERAL RAILROAD ADMINISTRATION plicants covering application procedures and tion of programs the total obligations for SAFETY AND OPERATIONS administer the grants provided under this which, in fiscal year 2011, are in excess of For necessary expenses of the Federal Rail- heading pursuant to that guidance until $626,328,000 for programs authorized under 23 road Administration, not otherwise provided final regulations are issued: Provided further, U.S.C. 402, 405, 406, 408, and 410 and sections for, $203,348,000, of which $5,492,000 shall re- That not less than 85 percent of the funds 2001(a)(11), 2009, 2010, and 2011 of Public Law main available until expended. provided under this heading shall be for co- 109–59, of which $235,000,000 shall be for RAILROAD RESEARCH AND DEVELOPMENT operative agreements that lead to the devel- ‘‘Highway Safety Programs’’ under 23 U.S.C. opment of entire segments or phases of inter- For necessary expenses for railroad re- 402; $25,000,000 shall be for ‘‘Occupant Protec- city or high-speed rail corridors: Provided search and development, $40,000,000, to re- tion Incentive Grants’’ under 23 U.S.C. 405; further, That at least 30 days prior to issuing main available until expended. $124,500,000 shall be for ‘‘Safety Belt Per- a letter of intent or cooperative agreement formance Grants’’ under 23 U.S.C. 406, and RAILROAD SAFETY TECHNOLOGY PROGRAM pursuant to Section 24402(f) of title 49, such obligation limitation shall remain For necessary expenses of carrying out sec- United States Code, for a major corridor de- available until September 30, 2012 in accord- tion 20158 of title 49, United States Code, velopment program, the Secretary shall pro- ance with subsection (f) of such section 406 $75,000,000, to remain available until ex- vide to the House and Senate Committees on and shall be in addition to the amount of any pended: Provided, That to be eligible for as- Appropriations written notification con- limitation imposed on obligations for such sistance under this heading, an entity need sisting of a business and public investment

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6331 case for the proposed corridor program which each specific capital project justifying the Highway Trust Fund and to remain available shall include: a comprehensive analysis of Federal support to the Secretary’s satisfac- until expended: Provided, That funds avail- the monetary and non-monetary costs and tion: Provided further, That none of the funds able for the implementation or execution of benefits of the corridor development pro- under this heading may be used to subsidize programs authorized under 49 U.S.C. 5305, gram; an assessment of ridership, passenger operating losses of the Corporation: Provided 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, travel time reductions, congestion relief ben- further, That none of the funds under this 5339, and 5340 and section 3038 of Public Law efits, environmental benefits, economic ben- heading may be used for capital projects not 105–178, as amended, shall not exceed total efits, and other public benefits; operating fi- approved by the Secretary of Transportation obligations of $8,961,348,000 in fiscal year nancial forecasts for the program; a full cap- or on the Corporation’s fiscal year 2010 busi- 2011: Provided further, That of the amounts ital cost estimation for the entire project, ness plan: Provided further, That in addition made available under this heading, including the amount, source and security of to the project management oversight funds $250,000,000 shall be available for the Sec- non-Federal funds to complete the project; a authorized under section 101(d) of division B retary of Transportation to make grants for summary of the grants management plan of Public Law 110–432, the Secretary may re- the operating costs of equipment and facili- and an evaluation of the grantee’s ability to tain up to an additional one-half of one per- ties for use in public transportation, if legis- sustain the project: Provided further, That cent of the funds provided under this heading lation authorizing such activities is enacted the Federal share payable of the costs for to fund expenses associated with imple- into law prior to September 30, 2011: Provided which a grant or cooperative agreements is menting section 212 of division B of Public further, That eligible recipients under the made under this heading shall not exceed 80 Law 110–432, including the amendments made previous proviso shall include States and percent: Provided further, That in addition to by section 212 to section 24905 of title 49, designated recipients that receive funding the provisions of title 49, United States Code, United States Code, and other mandates of under sections 5307 and 5311 of title 49, that apply to each of the individual pro- Division B of Public Law 110–432. United States Code. grams funded under this heading, sub- ADMINISTRATIVE PROVISIONS—FEDERAL RESEARCH AND UNIVERSITY RESEARCH CENTERS sections 24402(a)(2), 24402(f), 24402(i), and RAILROAD ADMINISTRATION 24403(a) and (c) of title 49, United States For necessary expenses to carry out 49 Code, shall also apply to the provision of SEC. 150. Hereafter, notwithstanding any U.S.C. 5306, 5312–5315, 5322, and 5506, funds provided under this heading: Provided other provision of law, funds provided in this $65,376,000, to remain available until ex- further, That a project need not be in a State Act for the National Railroad Passenger Cor- pended: Provided, That $10,000,000 is available rail plan developed under Chapter 227 of title poration shall immediately cease to be avail- to carry out the transit cooperative research 49, United States Code, to be eligible for as- able to said Corporation in the event that program under section 5313 of title 49, United sistance under this heading: Provided further, the Corporation contracts to have services States Code, $4,300,000 is available for the That recipients of grants under this para- provided at or from any location outside the National Transit Institute under section 5315 graph shall conduct all procurement trans- United States. For purposes of this section, of title 49, United States Code, and $7,000,000 actions using such grant funds in a manner the word ‘‘services’’ shall mean any service is available for university transportation that provides full and open competition, as that was, as of July 1, 2006, performed by a centers program under section 5506 of title determined by the Secretary, in compliance full-time or part-time Amtrak employee 49, United States Code: Provided further, That with existing labor agreements. whose base of employment is located within $44,076,000 is available to carry out national research programs under sections 5312, 5313, OPERATING GRANTS TO THE NATIONAL the United States. SEC. 151. The Secretary of Transportation 5314, and 5322 of title 49, United States Code. RAILROAD PASSENGER CORPORATION may receive and expend cash, or receive and To enable the Secretary of Transportation CAPITAL INVESTMENT GRANTS utilize spare parts and similar items, from to make quarterly grants to the National For necessary expenses to carry out sec- non-United States Government sources to re- Railroad Passenger Corporation for the oper- tion 5309 of title 49, United States Code, pair damages to or replace United States ation of intercity passenger rail, as author- $2,000,000,000, to remain available until ex- Government owned automated track inspec- ized by section 101 of the Passenger Rail In- pended. tion cars and equipment as a result of third vestment and Improvement Act of 2008 (divi- WASHINGTON METROPOLITAN AREA TRANSIT party liability for such damages, and any sion B of Public Law 110–432), $563,000,000, to AUTHORITY amounts collected under this section shall be remain available until expended: Provided, credited directly to the Safety and Oper- For grants to the Washington Metropoli- That each grant request shall be accom- ations account of the Federal Railroad Ad- tan Area Transit Authority as authorized panied by a detailed financial analysis, rev- ministration, and shall remain available under section 601 of division B of Public Law enue projection, and capital expenditure pro- until expended for the repair, operation and 110–432, $150,000,000, to remain available until jection justifying the Federal support to the maintenance of automated track inspection expended: Provided, That the Secretary shall Secretary’s satisfaction: Provided further, cars and equipment in connection with the approve grants for capital and preventive That concurrent with the President’s budget automated track inspection program. maintenance expenditures for the Wash- request for fiscal year 2012, the Corporation ington Metropolitan Area Transit Authority shall submit to the House and Senate Com- FEDERAL TRANSIT ADMINISTRATION only after receiving and reviewing a request mittees on Appropriations a budget request ADMINISTRATIVE EXPENSES for each specific project: Provided further, for fiscal year 2012 in similar format and sub- For necessary administrative expenses of That prior to approving such grants, the Sec- stance to those submitted by executive agen- the Federal Transit Administration’s pro- retary shall determine that the Washington cies of the Federal Government. grams authorized by chapter 53 of title 49, Metropolitan Area Transit Authority has CAPITAL AND DEBT SERVICE GRANTS TO THE United States Code, $106,559,000: Pro- placed the highest priority on those invest- NATIONAL RAILROAD PASSENGER CORPORATION vided,That for an additional amount to carry ments that will improve the safety of the To enable the Secretary of Transportation out public transportation fixed guideway system. to make grants to the National Railroad safety oversight activities, $24,139,000, if leg- ADMINISTRATIVE PROVISIONS—FEDERAL Passenger Corporation for capital invest- islation authorizing such activities is en- TRANSIT ADMINISTRATION ments as authorized by section 101(c) and acted into law prior to September 30, 2011: SEC. 160. The limitations on obligations for 219(b) of the Passenger Rail Investment and Provided further, That of the funds available the programs of the Federal Transit Admin- Improvement Act of 2008 (division B of Pub- under this heading, not to exceed $2,200,000 istration shall not apply to any authority lic Law 110–432), $1,203,500,000 to remain shall be available for travel: Provided further, under 49 U.S.C. 5338, previously made avail- available until expended, of which not to ex- That none of the funds provided or limited in able for obligation, or to any other authority ceed $305,000,000 shall be for debt service obli- this Act may be used to create a permanent previously made available for obligation. gations as authorized by section 102 of such office of transit security under this heading: SEC. 161. Notwithstanding any other provi- Act: Provided, That after an initial distribu- Provided further, That upon submission to sion of law, funds appropriated or limited by tion of up to $200,000,000 which shall be used the Congress of the fiscal year 2012 Presi- this Act under ‘‘Federal Transit Administra- by the Corporation as a working capital ac- dent’s budget, the Secretary of Transpor- tion, Capital Investment Grants’’ and for bus count, all remaining funds shall be provided tation shall transmit to Congress the annual and bus facilities under ‘‘Federal Transit Ad- to the Corporation only on a reimbursable report on new starts, including proposed al- ministration, Formula and Bus Grants’’ for basis: Provided further, That the Secretary locations of funds for fiscal year 2012. projects specified in this Act or identified in may retain up to one-half of 1 percent of the FORMULA AND BUS GRANTS reports accompanying this Act not obligated funds provided under this heading to fund (LIQUIDATION OF CONTRACT AUTHORITY) by September 30, 2013, and other recoveries, the costs of project management oversight of shall be directed to projects eligible to use (LIMITATION ON OBLIGATIONS) capital projects funded by grants provided the funds for the purposes for which they under this heading, as authorized by sub- (HIGHWAY TRUST FUND) were originally provided. section 101(d) of division B of Public Law 110– For payment of obligations incurred in SEC. 162. Notwithstanding any other provi- 432: Provided further, That the Secretary carrying out the provisions of 49 U.S.C. 5305, sion of law, any funds appropriated before shall approve funding for capital expendi- 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, October 1, 2010, under any section of chapter tures, including advance purchase orders of 5339, and 5340 and section 3038 of Public Law 53 of title 49, United States Code, that re- materials, for the Corporation only after re- 105–178, as amended, $9,200,000,000 to be de- main available for expenditure, may be ceiving and reviewing a grant request for rived from the Mass Transit Account of the transferred to and administered under the

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most recent appropriation heading for any and the Director of the Office of Resource PIPELINE SAFETY such section. Management of the United States Merchant (PIPELINE SAFETY FUND) SEC. 163. Notwithstanding any other provi- Marine Academy may not be allotment hold- sion of law, unobligated funds made avail- ers for the United States Merchant Marine (OIL SPILL LIABILITY TRUST FUND) able for new fixed guideway system projects Academy, and the Administrator of Mari- For expenses necessary to conduct the under the heading ‘‘Federal Transit Adminis- time Administration shall hold all allot- functions of the pipeline safety program, for tration, Capital investment grants’’ in any ments made by the Secretary of Transpor- grants-in-aid to carry out a pipeline safety appropriations Act prior to this Act may be tation or the Assistant Secretary for Budget program, as authorized by 49 U.S.C. 60107, used during this fiscal year to satisfy ex- and Programs under the previous proviso: and to discharge the pipeline program re- penses incurred for such projects. Provided further, That 50 percent of the fund- sponsibilities of the Oil Pollution Act of 1990, SEC. 164. Notwithstanding any other provi- ing made available for the United States $111,111,000, of which $18,905,000 shall be de- sion of law, unobligated funds or recoveries Merchant Marine Academy under this head- rived from the Oil Spill Liability Trust Fund under section 5309 of title 49, United States ing shall be available only after the Sec- and shall remain available until September Code, that are available to the Secretary of retary, in consultation with the Super- 30, 2013; and of which $92,206,000 shall be de- Transportation for reallocation shall be di- intendent and the Maritime Administration, rived from the Pipeline Safety Fund, of rected to projects eligible to use the funds completes a plan detailing by program or ac- which $51,206,000 shall remain available until for the purposes for which they were origi- tivity and by object class how such funding September 30, 2013: Provided, That not less nally provided. will be expended at the Academy, and this than $1,053,000 of the funds provided under SAINT LAWRENCE SEAWAY DEVELOPMENT plan is submitted to the House and Senate this heading shall be for the one-call State CORPORATION Committees on Appropriations. grant program. The Saint Lawrence Seaway Development SHIP DISPOSAL EMERGENCY PREPAREDNESS GRANTS Corporation is hereby authorized to make For necessary expenses related to the dis- (EMERGENCY PREPAREDNESS FUND) such expenditures, within the limits of funds posal of obsolete vessels in the National De- For necessary expenses to carry out 49 and borrowing authority available to the fense Reserve Fleet of the Maritime Admin- U.S.C. 5128(b), $188,000, to be derived from the Corporation, and in accord with law, and to istration, $10,000,000, to remain available Emergency Preparedness Fund, to remain make such contracts and commitments with- until expended. available until September 30, 2012: Provided, out regard to fiscal year limitations as pro- MARITIME GUARANTEED LOAN (TITLE XI) That not more than $28,318,000 shall be made vided by section 104 of the Government Cor- PROGRAM ACCOUNT available for obligation in fiscal year 2011 poration Control Act, as amended, as may be from amounts made available by 49 U.S.C. (INCLUDING TRANSFER OF FUNDS) necessary in carrying out the programs set 5116(i) and 5128(b)–(c): Provided further, That forth in the Corporation’s budget for the cur- For necessary administrative expenses of none of the funds made available by 49 U.S.C. rent fiscal year. the maritime guaranteed loan program, 5116(i), 5128(b), or 5128(c) shall be made avail- OPERATIONS AND MAINTENANCE $3,688,000 shall be paid to the appropriation able for obligation by individuals other than (HARBOR MAINTENANCE TRUST FUND) for ‘‘Operations and Training’’, Maritime Ad- the Secretary of Transportation, or his des- ministration. For necessary expenses for operations, ignee. maintenance, and capital asset renewal of ADMINISTRATIVE PROVISIONS—MARITIME RESEARCH AND INNOVATIVE TECHNOLOGY those portions of the Saint Lawrence Seaway ADMINISTRATION ADMINISTRATION owned, operated, and maintained by the SEC. 170. Notwithstanding any other provi- RESEARCH AND DEVELOPMENT Saint Lawrence Seaway Development Cor- sion of this Act, the Maritime Administra- For necessary expenses of the Research poration, $33,868,000, to be derived from the tion is authorized to furnish utilities and and Innovative Technology Administration, Harbor Maintenance Trust Fund, pursuant to services and make necessary repairs in con- $18,900,000, of which $11,765,000 shall remain Public Law 99–662. nection with any lease, contract, or occu- available until September 30, 2013: Provided, MARITIME ADMINISTRATION pancy involving Government property under That there may be credited to this appro- control of the Maritime Administration, and MARITIME SECURITY PROGRAM priation, to be available until expended, payments received therefor shall be credited For necessary expenses to maintain and funds received from States, counties, mu- to the appropriation charged with the cost nicipalities, other public authorities, and preserve a U.S.-flag merchant fleet to serve thereof: Provided, That rental payments the national security needs of the United private sources for expenses incurred for under any such lease, contract, or occupancy training. States, $174,000,000, to remain available until for items other than such utilities, services, expended. or repairs shall be covered into the Treasury OFFICE OF INSPECTOR GENERAL OPERATIONS AND TRAINING as miscellaneous receipts. SALARIES AND EXPENSES For necessary expenses of operations and PIPELINE AND HAZARDOUS MATERIALS SAFETY For necessary expenses of the Office of In- training activities authorized by law, ADMINISTRATION spector General to carry out the provisions $169,353,000, of which $11,240,000 shall remain OPERATIONAL EXPENSES of the Inspector General Act of 1978, as available until expended for maintenance amended, $86,406,000, of which $285,000 shall and repair of training ships at State Mari- (PIPELINE SAFETY FUND) be derived from the Highway Trust Fund time Academies, and of which $30,900,000 (INCLUDING TRANSFER OF FUNDS) (other than the Mass Transit Account) for shall remain available until expended for For necessary operational expenses of the costs associated with the annual audits of capital improvements at the United States Pipeline and Hazardous Materials Safety Ad- the Highway Trust Fund financial state- Merchant Marine Academy, and of which ministration, $22,383,000, of which $639,000 ments in accordance with section 104(i) of $63,120,000 shall be available for operations at shall be derived from the Pipeline Safety title 23, United States Code, and section 3521 the United States Merchant Marine Acad- Fund: Provided, That $1,000,000 shall be trans- of title 31, United States Code: Provided, emy, and of which $6,000,000 shall be avail- ferred to ‘‘Pipeline Safety’’ in order to fund That the Inspector General shall have all able until expended for the Secretary’s reim- ‘‘Pipeline Safety Information Grants to necessary authority, in carrying out the du- bursement of overcharged midshipmen fees: Communities’’ as authorized under section ties specified in the Inspector General Act, Provided, That the Secretary, through such 60130 of title 49, United States Code. as amended (5 U.S.C. App. 3), to investigate structure and administration as the Sec- allegations of fraud, including false state- HAZARDOUS MATERIALS SAFETY retary establishes, shall reimburse current ments to the government (18 U.S.C. 1001), by and former midshipmen of United States For expenses necessary to discharge the any person or entity that is subject to regu- Merchant Marine Academy in such amounts hazardous materials safety functions of the lation by the Department: Provided further, as the Secretary determines, in his sole dis- Pipeline and Hazardous Materials Safety Ad- That the funds made available under this cretion, to be appropriate to address claims ministration, $40,434,000, of which $1,707,000 heading may be used to investigate, pursu- regarding the overcharging of midshipman shall remain available until September 30, ant to section 41712 of title 49, United States fees, pertaining first to academic years 2003/ 2013: Provided, That up to $800,000 in fees col- Code: (1) unfair or deceptive practices and 2004 through 2008/2009, and then pertaining to lected under 49 U.S.C. 5108(g) shall be depos- unfair methods of competition by domestic earlier academic years to the extent that the ited in the general fund of the Treasury as and foreign air carriers and ticket agents; Secretary determines to be appropriate and offsetting receipts: Provided further, That and (2) the compliance of domestic and for- subject to the amounts specifically appro- there may be credited to this appropriation, eign air carriers with respect to item (1) of priated herein for such reimbursements: Pro- to be available until expended, funds re- this proviso. vided further, That amounts apportioned for ceived from States, counties, municipalities, SURFACE TRANSPORTATION BOARD the United States Merchant Marine Acad- other public authorities, and private sources emy shall be available only upon allotments for expenses incurred for training, for re- SALARIES AND EXPENSES made personally by the Secretary of Trans- ports publication and dissemination, and for For necessary expenses of the Surface portation or the Assistant Secretary for travel expenses incurred in performance of Transportation Board, including services au- Budget and Programs: Provided further, That hazardous materials exemptions and approv- thorized by 5 U.S.C. 3109, $31,249,000: Provided, the Superintendent, Deputy Superintendent als functions. That notwithstanding any other provision of

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6333 law, not to exceed $1,250,000 from fees estab- retary of Transportation is authorized to days following the date on which the re- lished by the Chairman of the Surface Trans- allow the issuer of any preferred stock here- programming action has been approved or portation Board shall be credited to this ap- tofore sold to the Department to redeem or denied by the House and Senate Committees propriation as offsetting collections and used repurchase such stock upon the payment to on Appropriations. for necessary and authorized expenses under the Department of an amount determined by SEC. 192. None of the funds appropriated or this heading: Provided further, That the sum the Secretary. otherwise made available under this Act may herein appropriated from the general fund SEC. 188. None of the funds in this Act to be used by the Surface Transportation Board shall be reduced on a dollar-for-dollar basis the Department of Transportation may be of the Department of Transportation to as such offsetting collections are received used to make a grant unless the Secretary of charge or collect any filing fee for rate com- during fiscal year 2011, to result in a final ap- Transportation notifies the House and Sen- plaints filed with the Board in an amount in propriation from the general fund estimated ate Committees on Appropriations not less excess of the amount authorized for district at no more than $29,999,000. than 3 full business days before any discre- court civil suit filing fees under section 1914 GENERAL PROVISIONS—DEPARTMENT OF tionary grant award, letter of intent, or full of title 28, United States Code. TRANSPORTATION funding grant agreement totaling $1,000,000 SEC. 193. Notwithstanding section 3324 of or more is announced by the department or SEC. 180. During the current fiscal year ap- Title 31, United States Code, in addition to plicable appropriations to the Department of its modal administrations from: (1) any dis- authority provided by section 327 of title 49, Transportation shall be available for mainte- cretionary grant program of the Federal United States Code, the Department’s Work- nance and operation of aircraft; hire of pas- Highway Administration including the emer- ing Capital Fund is hereby authorized to pro- senger motor vehicles and aircraft; purchase gency relief program; (2) the airport im- vide payments in advance to vendors that of liability insurance for motor vehicles op- provement program of the Federal Aviation are necessary to carry out the Federal tran- erating in foreign countries on official de- Administration; (3) any grant from the Fed- sit pass transportation fringe benefit pro- partment business; and uniforms or allow- eral Railroad Administration; or (4) any program under Executive Order 13150 and sec- ances therefor, as authorized by law (5 U.S.C. gram of the Federal Transit Administration tion 3049 of Public Law 109–59: Provided, that 5901–5902). other than the formula grants and fixed the Department shall include adequate safe- SEC. 181. Appropriations contained in this guideway modernization programs: Provided, guards in the contract with the vendors to Act for the Department of Transportation That the Secretary gives concurrent notifi- ensure timely and high quality performance shall be available for services as authorized cation to the House and Senate Committees under the contract. on Appropriations for any ‘‘quick release’’ of by 5 U.S.C. 3109, but at rates for individuals SEC. 194. For an additional amount for the not to exceed the per diem rate equivalent to funds from the emergency relief program: ‘‘Salaries and Expenses’’account, $7,622,655, Provided further, That no notification shall the rate for an Executive Level IV. to increase the Department’s acquisition involve funds that are not available for obli- SEC. 182. None of the funds in this Act shall workforce capacity and capabilities: Pro- gation. be available for salaries and expenses of vided, That such funds may be transferred by SEC. 189. Rebates, refunds, incentive pay- more than 110 political and Presidential ap- the Secretary to any other account in the ments, minor fees and other funds received pointees in the Department of Transpor- Department to carry out the purposes pro- by the Department of Transportation from tation: Provided, That none of the personnel vided herein: Provided further, That such travel management centers, charge card pro- covered by this provision may be assigned on transfer authority is in addition to any other grams, the subleasing of building space, and temporary detail outside the Department of transfer authority provided in this Act: Pro- miscellaneous sources are to be credited to Transportation. vided further, That such funds shall be avail- appropriations of the Department of Trans- SEC. 183. None of the funds in this Act shall able only to supplement and not to supplant portation and allocated to elements of the be used to implement section 404 of title 23, existing acquisition workforce activities: Department of Transportation using fair and United States Code. Provided further, That such funds shall be equitable criteria and such funds shall be SEC. 184. (a) No recipient of funds made available for training, recruitment, reten- available until expended. available in this Act shall disseminate per- tion, and hiring additional members of the sonal information (as defined in 18 U.S.C. SEC. 190. Amounts made available in this or any other Act that the Secretary deter- acquisition workforce as defined by the Of- 2725(3)) obtained by a State department of fice of Federal Procurement Policy Act, as motor vehicles in connection with a motor mines represent improper payments by the Department of Transportation to a third- amended (41 U.S.C. 401 et seq.): Provided fur- vehicle record as defined in 18 U.S.C. 2725(1), ther, That such funds shall be available for except as provided in 18 U.S.C. 2721 for a use party contractor under a financial assistance award, which are recovered pursuant to law, information technology in support of acqui- permitted under 18 U.S.C. 2721. sition workforce effectiveness or for manage- (b) Notwithstanding subsection (a), the shall be available— ment solutions to improve acquisition man- Secretary shall not withhold funds provided (1) to reimburse the actual expenses in- agement. in this Act for any grantee if a State is in curred by the Department of Transportation This title may be cited as the ‘‘Department noncompliance with this provision. in recovering improper payments; and of Transportation Appropriations Act, 2011’’. SEC. 185. Funds received by the Federal (2) to pay contractors for services provided Highway Administration, Federal Transit in recovering improper payments or con- TITLE II Administration, and Federal Railroad Ad- tractor support in the implementation of the DEPARTMENT OF HOUSING AND URBAN ministration from States, counties, munici- Improper Payments Information Act of 2002: DEVELOPMENT Provided, That amounts in excess of that re- palities, other public authorities, and private MANAGEMENT AND ADMINISTRATION sources for expenses incurred for training quired for paragraphs (1) and (2)— EXECUTIVE DIRECTION may be credited respectively to the Federal (A) shall be credited to and merged with Highway Administration’s ‘‘Federal-Aid the appropriation from which the improper For necessary salaries and expenses for Ex- Highways’’ account, the Federal Transit Ad- payments were made, and shall be available ecutive Direction, $30,265,000, of which not to ministration’s ‘‘Research and University Re- for the purposes and period for which such exceed $7,674,000 shall be available for the search Centers’’ account, and to the Federal appropriations are available; or immediate Office of the Secretary and Dep- Railroad Administration’s ‘‘Safety and Oper- (B) if no such appropriation remains avail- uty Secretary; not to exceed $1,706,000 shall ations’’ account, except for State rail safety able, shall be deposited in the Treasury as be available for the Office of Hearings and inspectors participating in training pursuant miscellaneous receipts: Provided further, Appeals; not to exceed $719,000 shall be avail- to 49 U.S.C. 20105. That prior to the transfer of any such recov- able for the Office of Small and Disadvan- SEC. 186. Funds provided or limited in this ery to an appropriations account, the Sec- taged Business Utilization; not to exceed Act under the appropriate accounts within retary shall notify to the House and Senate $999,000 shall be available for the immediate the Federal Highway Administration, the Committees on Appropriations of the Office of the Chief Financial Officer; not to Federal Railroad Administration and the amount and reasons for such transfer: Pro- exceed $1,503,000 shall be available for the Federal Transit Administration shall be for vided further, That for purposes of this sec- immediate Office of the General Counsel; not the eligible programs, projects and activities tion, the term ‘‘improper payments’’, has the to exceed $2,709,000 shall be available to the in the corresponding amounts identified in same meaning as that provided in section Office of the Assistant Secretary for Con- the committee report accompanying this Act 2(d)(2) of Public Law 107–300. gressional and Intergovernmental Relations; for ‘‘Ferry Boats and Ferry Terminal Facili- SEC. 191. Notwithstanding any other provi- not to exceed $4,861,000 shall be available for ties’’, ‘‘Federal Lands’’, ‘‘Interstate Mainte- sion of law, if any funds provided in or lim- the Office of the Assistant Secretary for nance Discretionary’’, ‘‘Transportation, ited by this Act are subject to a reprogram- Public Affairs; not to exceed $2,163,000 shall Community and System Preservation Pro- ming action that requires notice to be pro- be available to the Office of the Assistant gram’’, ‘‘Delta Region Transportation Devel- vided to the House and Senate Committees Secretary for Public and Indian Housing; not opment Program’’, ‘‘Rail Line Relocation on Appropriations, said reprogramming ac- to exceed $1,755,000 shall be available to the and Improvement Program’’, ‘‘Rail-highway tion shall be approved or denied solely by the Office of the Assistant Secretary for Commu- crossing hazard eliminations’’, ‘‘Capital In- Committees on Appropriations: Provided, nity Planning and Development; not to ex- vestment Grants’’, ‘‘Alternatives analysis’’, That the Secretary may provide notice to ceed $3,565,000 shall be available to the Office and ‘‘Bus and bus facilities’’. other congressional committees of the ac- of the Assistant Secretary for Housing, Fed- SEC. 187. Notwithstanding any other provi- tion of the Committees on Appropriations on eral Housing Commissioner; not to exceed sions of law, rule or regulation, the Sec- such reprogramming but not sooner than 30 $1,117,000 shall be available to the Office of

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6334 CONGRESSIONAL RECORD — HOUSE July 29, 2010 the Assistant Secretary for Policy Develop- chase of uniforms, or allowances therefor, as vision of law authorizing such assistance ment and Research; not to exceed $945,000 authorized by 5 U.S.C. 5901–5902; hire of pas- under section 8(t) of the Act) and including shall be available to the Office of the Assist- senger motor vehicles; services as authorized renewal of other special purpose vouchers ant Secretary for Fair Housing and Equal by 5 U.S.C. 3109: Provided further, That not- initially funded in fiscal years 2009 and 2010 Opportunity; and not to exceed $549,000 shall withstanding any other provision of law, (such as Family Unification, Veterans Af- be available to the Office of the Chief Oper- funds appropriated under this heading may fairs Supportive Housing Vouchers and Non- ating Officer: Provided, That the Secretary of be used for advertising and promotional ac- elderly Disabled Vouchers): Provided, That the Department of Housing and Urban Devel- tivities that support the housing mission notwithstanding any other provision of law, opment is authorized to transfer funds ap- area: Provided further, That the Secretary of from amounts provided under this paragraph propriated for any office funded under this Housing and Urban Development is author- and any carryover, the Secretary for the cal- heading to any other office funded under this ized to transfer funds appropriated for any endar year 2011 funding cycle shall provide heading following the written notification to office included in Administration, Oper- renewal funding for each public housing the House and Senate Committees on Appro- ations and Management to any other office agency based on validated voucher manage- priations: Provided further, That no appro- included in Administration, Operations and ment system (VMS) leasing and cost data for priation for any office shall be increased or Management only after such transfer has calendar year 2010 and by applying the most decreased by more than 5 percent by all such been submitted to, and received prior writ- recent 12 months of the Annual Adjustment transfers: Provided further, That notice of ten approval by, the House and Senate Com- Factor as established by the Secretary, and any change in funding greater than 5 percent mittees on Appropriations: Provided further, by making any necessary adjustments for shall be submitted for prior approval to the That no appropriation for any office shall be the costs associated with the first-time re- House and Senate Committees on Appropria- increased or decreased by more than 10 per- newal of vouchers under this paragraph in- tions: Provided further, That the Secretary cent by all such transfers. Provided Fur- cluding tenant protection, and HOPE VI shall provide the Committees on Appropria- ther,That the Secretary shall notify the vouchers: Provided further, That none of the tions quarterly written notification regard- Committees on Appropriations one month funds provided under this paragraph may be ing the status of pending congressional re- before any of the funds made available under used to fund a total number of unit months ports: Provided further, That the Secretary this heading may be used for international under lease which exceeds a public housing shall provide all signed reports required by travel. agency’s authorized level of units under con- Congress electronically: Provided further, PERSONNEL COMPENSATION AND BENEFITS tract, except for public housing agencies par- That not to exceed $25,000 of the amount PUBLIC AND INDIAN HOUSING ticipating in the Moving to Work demonstra- made available under this paragraph for the For necessary personnel compensation and tion, which are instead governed by the immediate Office of the Secretary shall be terms and conditions of their MTW agree- available for official reception and represen- benefits expenses of the Office of Public and Indian Housing, $197,282,000. ments: Provided further, That the Secretary tation expenses as the Secretary may deter- shall, to the extent necessary to stay within mine: Provided Further, That the Secretary COMMUNITY PLANNING AND DEVELOPMENT the amount specified under this paragraph, shall notify the Committees on Appropria- For necessary personnel compensation and pro rate each public housing agency’s allocations one month before any of the funds benefits expenses of the Office of Community tion otherwise established pursuant to this made available under this heading may be Planning and Development mission area, paragraph: Provided further, That except as used for international travel. $105,768,000. provided in the following provisos, the entire ADMINISTRATION, OPERATIONS AND HOUSING amount specified under this paragraph shall MANAGEMENT For necessary personnel compensation and be obligated to the public housing agencies For necessary salaries and expenses for ad- benefits expenses of the Office of Housing, based on the allocation and pro rata method ministration, operations and management $395,917,000. described above, and the Secretary shall no- for the Department of Housing and Urban tify public housing agencies of their annual OFFICE OF THE GOVERNMENT NATIONAL Development, $538,552,000, of which not to ex- budget not later than 60 days after enact- MORTGAGE ASSOCIATION ceed $65,049,000 shall be available for the per- ment of this Act: Provided further, That the sonnel compensation and benefits of the Of- For necessary personnel compensation and Secretary may extend the 60-day notification fice of the Chief Human Capital Officer; not benefits expenses of the Office of the Govern- period with prior written approval of the to exceed $9,122,000 shall be available for the ment National Mortgage Association, House and Senate Committees on Appropria- personnel compensation and benefits of the $10,902,000, to be derived from the GNMA tions: Provided further, That public housing Office of Departmental Operations and Co- guarantees of mortgage backed securities agencies participating in the Moving to ordination; not to exceed $49,090,000 shall be guaranteed loan receipt account. Work demonstration shall be funded pursu- available for the personnel compensation POLICY DEVELOPMENT AND RESEARCH ant to their Moving to Work agreements and and benefits of the Office of Field Policy and For necessary personnel compensation and shall be subject to the same pro rata adjust- Management; not to exceed $13,861,000 shall benefits expenses of the Office of Policy De- ments under the previous provisos: Provided be available for the personnel compensation velopment and Research, $23,588,000. further, That up to $150,000,000 shall be avail- and benefits of the Office of the Chief Pro- able only: (1) to adjust the allocations for FAIR HOUSING AND EQUAL OPPORTUNITY curement Officer; not to exceed $33,831,000 public housing agencies, after application for shall be available for the personnel com- For necessary personnel compensation and an adjustment by a public housing agency pensation and benefits of the remaining staff benefits expenses of the Office of Fair Hous- that experienced a significant increase, as in the Office of the Chief Financial Officer; ing and Equal Opportunity, $67,964,000. determined by the Secretary, in renewal not to exceed $86,482,000 shall be available for OFFICE OF HEALTHY HOMES AND LEAD HAZARD costs of tenant-based rental assistance re- the personnel compensation and benefits of CONTROL sulting from unforeseen circumstances or the remaining staff in the Office of the Gen- For necessary personnel compensation and from portability under section 8(r) of the eral Counsel; not to exceed $3,115,000 shall be benefits expenses of the Office of Healthy Act; (2) for vouchers that were not in use available for the personnel compensation Homes and Lead Hazard Control, $6,762,000. during the 12-month period in order to be and benefits of the Office of Departmental PUBLIC AND INDIAN HOUSING available to meet a commitment pursuant to Equal Employment Opportunity; not to ex- section 8(o)(13) of the Act; (3) for any in- TENANT-BASED RENTAL ASSISTANCE ceed $1,316,000 shall be available for the per- crease in the costs associated with deposits sonnel compensation and benefits for the (INCLUDING TRANSFER OF FUNDS) to family self-sufficiency program escrow ac- Center for Faith-Based and Community Ini- For activities and assistance for the provi- counts; (4) for onetime adjustments of re- tiatives; not to exceed $2,887,000 shall be sion of tenant-based rental assistance au- newal funding for Public Housing Agencies available for the personnel compensation thorized under the United States Housing in receivership with approved fungibility and benefits for the Office of Sustainability; Act of 1937, as amended (42 U.S.C. 1437 et plans for calendar year 2009 as authorized in not to exceed $4,445,000 shall be available for seq.) (‘‘the Act’’ herein), not otherwise pro- Section 11003 of the Consolidated Security, the personnel compensation and benefits for vided for, $15,395,663,000, to remain available Disaster Assistance, and Continuing Appro- the Office of Strategic Planning and Manage- until expended, shall be available on October priations Act, 2009 (Public Law 110–329); or ment; not to exceed $4,875,000 shall be avail- 1, 2010 (in addition to the $4,000,000,000 pre- (5) to adjust allocations for public housing able for the personnel compensation and ben- viously appropriated under this heading that agencies to prevent termination of assist- efits for the Office of the Chief Disaster and will become available on October 1, 2010), and ance to families receiving assistance under Emergency Management Officer; and not to $4,000,000,000, to remain available until ex- the disaster voucher program, as authorized exceed $264,479,000 shall be available for non- pended, shall be available on October 1, 2011: by Public Law 109–148 under the heading personnel expenses of the Department of Provided, That of the amounts made avail- ‘‘Tenant-Based Rental Assistance’’: Provided Housing and Urban Development: Provided, able under this heading are provided as fol- further, That the Secretary shall allocate That, funds provided under this heading may lows: amounts under the previous proviso based on be used for necessary administrative and (1) $17,080,000,000 shall be available for re- need as determined by the Secretary: Pro- non-administrative expenses of the Depart- newals of expiring section 8 tenant-based an- vided further, That of the amounts made ment of Housing and Urban Development, nual contributions contracts (including re- available under this paragraph, up to not otherwise provided for, including pur- newals of enhanced vouchers under any pro- $100,000,000 may be transferred to and merged

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6335 with the appropriation for ‘‘Transformation (5) $75,000,000 for incremental rental vouch- of this title, to entities with demonstrated Initiative’’; er assistance for use through a supported experience and that meet such other require- (2) $125,000,000 shall be for section 8 rental housing program administered in conjunc- ments as determined by the Secretary: Pro- assistance for relocation and replacement of tion with the Department of Veterans Af- vided further, That the Secretary of Housing housing units that are demolished or dis- fairs as authorized under section 8(o)(19) of and Urban Development may waive, or speci- posed of pursuant to the Omnibus Consoli- the United States Housing Act of 1937: Pro- fy alternative requirements for any provi- dated Rescissions and Appropriations Act of vided, That the Secretary of Housing and sion of any statute or regulation that the 1996 (Public Law 104–134), conversion of sec- Urban Development shall make such funding Secretary of Housing and Urban Develop- tion 23 projects to assistance under section 8, available, notwithstanding section 204 (comment administers in connection with the use the family unification program under sec- petition provision) of this title, to public of funds made available under this paragraph tion 8(x) of the Act, relocation of witnesses housing agencies that partner with eligible (except for requirements related to fair hous- in connection with efforts to combat crime VA Medical Centers or other entities as des- ing, nondiscrimination, labor standards, and in public and assisted housing pursuant to a ignated by the Secretary of the Department the environment), upon a finding by the Sec- request from a law enforcement or prosecu- of Veterans Affairs, based on geographical retary that any such waivers or alternative tion agency, enhanced vouchers under any need for such assistance as identified by the requirements are necessary for the effective provision of law authorizing such assistance Secretary of the Department of Veterans Af- delivery and administration of such voucher under section 8(t) of the Act, HOPE VI fairs, public housing agency administrative assistance: Provided further, That the Sec- vouchers, mandatory and voluntary conver- performance, and other factors as specified retary shall publish in the Federal Register by the Secretary of Housing and Urban De- sions, and tenant protection assistance in- any waiver of any statute or regulation that velopment in consultation with the Sec- cluding replacement and relocation assist- the Secretary administers pursuant to this retary of the Department of Veterans Af- ance or for project based assistance to pre- subsection no later than 10 days before the fairs: Provided further, That the Secretary of vent the displacement of unassisted elderly effective date of such waiver: Provided fur- Housing and Urban Development may waive, tenants currently residing in section 202 ther, That assistance made available under or specify alternative requirements for (in properties financed between 1959 and 1974 this subsection shall continue to remain consultation with the Secretary of the De- that are refinanced pursuant to Public Law available for these purposes upon turn-over. partment of Veterans Affairs), any provision HOUSING CERTIFICATE FUND 106–569, as amended, or under the authority of any statute or regulation that the Sec- as provided under this Act: Provided, That retary of Housing and Urban Development Unobligated balances, including recaptures the Secretary shall provide replacement administers in connection with the use of and carryover, remaining from funds appro- vouchers for all units that were occupied funds made available under this paragraph priated to the Department of Housing and within the previous 24 months that cease to (except for requirements related to fair hous- Urban Development under this heading, the be available as assisted housing, subject only ing, nondiscrimination, labor standards, and heading ‘‘Annual Contributions for Assisted to the availability of funds; the environment), upon a finding by the Sec- Housing’’ and the heading ‘‘Project-Based (3) $1,851,000,000 shall be for administrative retary that any such waivers or alternative Rental Assistance’’, for fiscal year 2011 and and other expenses of public housing agen- requirements are necessary for the effective prior years may be used for renewal of or cies in administering the section 8 tenant- delivery and administration of such voucher amendments to section 8 project-based con- based rental assistance program, of which up assistance: Provided further, That assistance tracts and for performance-based contract to $50,000,000 shall be available to the Sec- made available under this paragraph shall administrators, notwithstanding the pur- retary to allocate to public housing agencies continue to remain available for homeless poses for which such funds were appro- that need additional funds to administer veterans upon turn-over; priated: Provided, That any obligated bal- their section 8 programs, including fees asso- (6) Up to $66,000,000 for incremental tenant- ances of contract authority from fiscal year ciated with section 8 tenant protection rent- based assistance for eligible families assisted 1974 and prior that have been terminated al assistance, the administration of disaster under the Disaster Housing Assistance Pro- shall be cancelled: Provided further, That related vouchers, Veterans Affairs Sup- gram for Hurricanes Ike and Gustav: Pro- amounts heretofore recaptured, or recap- portive Housing vouchers, and other incre- vided, That these vouchers will not be re- tured during the current fiscal year, from mental vouchers: Provided, That no less than issued when families leave the program; project-based Section 8 contracts from $1,741,000,000 of the amount provided in this (7) $85,000,000 for incremental voucher as- source years fiscal year 1975 through fiscal paragraph shall be allocated to public hous- sistance under section 8(o) of the United year 1987 are hereby rescinded, and an ing agencies for the calendar year 2011 fund- States Housing Act of 1937, including related amount of additional new budget authority, ing cycle based on section 8(q) of the Act administrative expenses, for two competitive equivalent to the amount rescinded is hereby (and related Appropriation Act provisions) as demonstration programs to address the appropriated, to remain available until ex- in effect immediately before the enactment needs of families and individuals who are pended, for the purposes set forth under this of the Quality Housing and Work Responsi- homeless or at risk of homelessness, as de- heading, in addition to amounts otherwise bility Act of 1998 (Public Law 105–276): Pro- fined by the Secretary of Housing and Urban available. vided further, That if the amounts made Development, to be administered by the De- PUBLIC HOUSING CAPITAL FUND available under this paragraph are insuffi- partment of Housing and Urban Development For the Public Housing Capital Fund Pro- cient to pay the amounts determined under in conjunction with the Department of gram to carry out capital and management the previous proviso, the Secretary may de- Health and Human Services and the Depart- activities for public housing agencies, as au- crease the amounts allocated to agencies by ment of Education: Provided, That one dem- thorized under section 9 of the United States a uniform percentage applicable to all agen- onstration program shall make funding Housing Act of 1937 (42 U.S.C. 1437g) (the cies receiving funding under this paragraph available to public housing agencies that: (1) ‘‘Act’’) $2,500,000,000, to remain available or may, to the extent necessary to provide partner with eligible state or local entities until September 30, 2014: Provided, That not- full payment of amounts determined under responsible for distributing Temporary As- withstanding any other provision of law or the previous proviso, utilize unobligated bal- sistance for Needy Families (TANF) and regulation, during fiscal year 2011 the Sec- ances, including recaptures and carryovers, other health and human services as des- retary of Housing and Urban Development remaining from funds appropriated to the ignated by the Secretary of the Department may not delegate to any Department official Department of Housing and Urban Develop- of Health and Human Services, and (2) part- other than the Deputy Secretary and the As- ment under this heading, for fiscal year 2010 ner with school homelessness liaisons funded sistant Secretary for Public and Indian and prior fiscal years, notwithstanding the through the Department of Education’s Edu- Housing any authority under paragraph (2) purposes for which such amounts were appro- cation for Homeless Children and Youths of section 9(j) regarding the extension of the priated: Provided further, That amounts pro- program: Provided further, That the other time periods under such section: Provided vided under this paragraph shall be only for demonstration program shall make funding further, That for purposes of such section activities related to the provision of tenant- available to public housing agencies that 9(j), the term ‘‘obligate’’ means, with respect based rental assistance authorized under sec- partner with eligible state Medicaid agencies to amounts, that the amounts are subject to tion 8, including related development activi- and state behavioral health entities as des- a binding agreement that will result in out- ties: Provided further, That $60,000,000 shall be ignated by the Secretary of the Department lays, immediately or in the future: Provided available for family self-sufficiency coordi- of Health and Human Services to provide further, That up to $15,345,000 shall be to sup- nators under section 23 of the Act: Provided housing in conjunction with Medicaid case port the ongoing Public Housing Financial further, That amounts provided for family management, substance abuse treatment, and Physical Assessment activities of the self-sufficiency coordinators shall be obli- and mental health services: Provided further, Real Estate Assessment Center (REAC): Pro- gated to the public housing agencies not That the Secretary of Housing and Urban vided further, That of the total amount pro- later than 60 days after enactment of this Development shall make the funding speci- vided under this heading, not to exceed Act; fied in this subsection available through $20,000,000 shall be available for the Sec- (4) $113,663,183 for renewal of tenant-based such allocation procedures as the Secretary retary to make grants, notwithstanding sec- assistance contracts under section 811 of the determines to be appropriate, notwith- tion 204 of this Act, to public housing agen- Cranston-Gonzalez National Affordable standing section 213 of the Housing and Com- cies for emergency capital needs resulting Housing Act (42 U.S.C. 8013) entered into munity Development Act of 1974 (42 U.S.C. from unforeseen or unpreventable emer- prior to fiscal year 2007; 1439) and section 204 (competition provision) gencies and natural disasters excluding

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6336 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Presidentially declared emergencies and nat- the inspection of Indian housing units, con- ties, and for other purposes, $4,352,100,000, to ural disasters under the Robert T. Stafford tract expertise, training, and technical as- remain available until September 30, 2013, Disaster Relief and Emergency Act (42 U.S.C. sistance in the training, oversight, and man- unless otherwise specified: Provided, That of 5121 et seq.) occurring in fiscal year 2011: Pro- agement of such Indian housing and tenant- the total amount provided, $3,997,755,000 is vided further, That of the total amount pro- based assistance, including up to $300,000 for for carrying out the community development vided under this heading, $50,000,000 shall be related travel: Provided further, That of the block grant program under title I of the for supportive services, service coordinators amount provided under this heading, Housing and Community Development Act of and congregate services as authorized by sec- $2,000,000 shall be made available for the cost 1974, as amended (the ‘‘Act’’ herein) (42 tion 34 of the Act (42 U.S.C. 1437z–6) and the of guaranteed notes and other obligations, as U.S.C. 5301 et seq.): Provided further, That un- Native American Housing Assistance and authorized by title VI of NAHASDA: Provided less explicitly provided for under this head- Self-Determination Act of 1996 (25 U.S.C. 4101 further, That such costs, including the costs ing (except for planning grants provided in et seq.): Provided further, That a Notice of of modifying such notes and other obliga- the second paragraph and amounts made Funding Availability for the funds provided tions, shall be as defined in section 502 of the available under the third paragraph), not to in the previous proviso shall be issued not Congressional Budget Act of 1974, as amend- exceed 20 percent of any grant made with later than 60 days after enactment of this ed: Provided further, That these funds are funds appropriated under this heading shall Act: Provided further, That of the total available to subsidize the total principal be expended for planning and management amount provided under this heading up to amount of any notes and other obligations, development and administration: Provided $8,820,000 is to support the costs of adminis- any part of which is to be guaranteed, not to further, That the Department shall notify trative and judicial receiverships: Provided exceed $20,000,000. grantees of their formula allocation within 60 days of enactment of this Act: Provided further, That from the funds made available NATIVE HAWAIIAN HOUSING BLOCK GRANT further, That $65,000,000 shall be for grants to under this heading, the Secretary shall pro- For the Native Hawaiian Housing Block vide bonus awards in fiscal year 2011 to pub- Indian tribes notwithstanding section Grant program, as authorized under title 106(a)(1) of such Act, of which, notwith- lic housing agencies that are designated high VIII of the Native American Housing Assist- performers. standing any other provision of law (includ- ance and Self-Determination Act of 1996 (25 ing section 204 of this Act), up to $3,960,000 PUBLIC HOUSING OPERATING FUND U.S.C. 4111 et seq.), $10,000,000, to remain may be used for emergencies that constitute For 2011 payments to public housing agen- available until expended: Provided, That of imminent threats to health and safety. cies for the operation and management of this amount, $300,000 shall be for training Of the amount made available under this public housing, as authorized by section 9(e) and technical assistance activities, including heading, $77,145,000 shall be available for of the United States Housing Act of 1937 (42 up to $100,000 for related travel by Hawaii- grants for the Economic Development Initia- U.S.C. 1437g(e)), $4,829,000,000. based HUD employees. tive (EDI) to finance a variety of targeted REVITALIZATION OF SEVERELY DISTRESSED INDIAN HOUSING LOAN GUARANTEE FUND economic investments in accordance with PUBLIC HOUSING (HOPE VI) PROGRAM ACCOUNT the terms and conditions specified in the ex- For grants to public housing agencies for For the cost of guaranteed loans, as au- planatory statement accompanying this Act: demolition, site revitalization, replacement thorized by section 184 of the Housing and Provided, That none of the funds provided housing, and tenant-based assistance grants Community Development Act of 1992 (12 under this paragraph may be used for pro- to projects as authorized by section 24 of the U.S.C. 1715z), $9,000,000, to remain available gram operations: Provided further, That, for United States Housing Act of 1937 (42 U.S.C. until expended: Provided, That such costs, in- fiscal years 2008, 2009 and 2010, no unobli- 1437v), $200,000,000, to remain available until cluding the costs of modifying such loans, gated funds for EDI grants may be used for September 30, 2012, of which the Secretary of shall be as defined in section 502 of the Con- any purpose except acquisition, planning, de- Housing and Urban Development may use up gressional Budget Act of 1974: Provided fur- sign, purchase of equipment, revitalization, to $5,000,000 for technical assistance and con- ther, That these funds are available to sub- redevelopment or construction. tract expertise, to be provided directly or in- sidize total loan principal, any part of which Of the amount made available under this directly by grants, contracts or cooperative is to be guaranteed, up to $994,000,000: Pro- heading, $12,200,000 shall be available for agreements, including training and cost of vided further, That up to $750,000 shall be for neighborhood initiatives that are utilized to necessary travel for participants in such administrative contract expenses including improve the conditions of distressed and training, by or to officials and employees of management processes and systems to carry blighted areas and neighborhoods, to stimu- the department and of public housing agen- out the loan guarantee program. late investment, economic diversification, and community revitalization in areas with cies and to residents: Provided, That none of NATIVE HAWAIIAN HOUSING LOAN GUARANTEE population outmigration or a stagnating or such funds shall be used directly or indi- FUND PROGRAM ACCOUNT rectly by granting competitive advantage in declining economic base, or to determine For the cost of guaranteed loans, as au- whether housing benefits can be integrated awards to settle litigation or pay judgments, thorized by section 184A of the Housing and unless expressly permitted herein: Provided more effectively with welfare reform initia- Community Development Act of 1992 (12 tives: Provided, That amounts made avail- further, That a Notice of Funding Avail- U.S.C. 1715z), $1,044,000, to remain available ability for the funds provided under this able under this paragraph shall be provided until expended: Provided, That such costs, in- in accordance with the terms and conditions heading shall be issued not later than 60 days cluding the costs of modifying such loans, after enactment of this Act. specified in the explanatory statement ac- shall be as defined in section 502 of the Con- companying this Act. NATIVE AMERICAN HOUSING BLOCK GRANTS gressional Budget Act of 1974: Provided fur- The referenced statement of managers For the Native American Housing Block ther, That these funds are available to sub- under the heading ‘‘Community Planning Grants program, as authorized under title I sidize total loan principal, any part of which and Development’’ in title II in division I of of the Native American Housing Assistance is to be guaranteed, not to exceed $41,504,255. Public Law 111–8 is deemed to be amended by and Self-Determination Act of 1996 COMMUNITY PLANNING AND DEVELOPMENT striking ‘‘City of Wilson, NC, for demolition (NAHASDA) (25 U.S.C. 4111 et seq.), HOUSING OPPORTUNITIES FOR PERSONS WITH of dilapidated structures from downtown $700,000,000, to remain available until ex- AIDS Wilson to further downtown redevelopment’’ pended: Provided, That, notwithstanding the For carrying out the Housing Opportuni- and inserting ‘‘City of Wilson, NC, for the Native American Housing Assistance and renovation of blighted structures to enhance Self-Determination Act of 1996, to determine ties for Persons with AIDS program, as authorized by the AIDS Housing Opportunity downtown development’’. the amount of the allocation under title I of The referenced statement of managers Act (42 U.S.C. 12901 et seq.), $350,000,000, to such Act for each Indian tribe, the Secretary under the heading ‘‘Community Planning remain available until September 30, 2012, shall apply the formula under section 302 of and Development’’ in title II in division I of except that amounts allocated pursuant to such Act with the need component based on Public Law 111–8 is deemed to be amended by section 854(c)(3) of such Act shall remain single-race Census data and with the need striking ‘‘Catskill Visitor Interpretative available until September 30, 2013: Provided, component based on multi-race Census data, Center, Shandaken, NY, for construction of a That the Secretary shall renew all expiring and the amount of the allocation for each In- visitor’s center’’ and inserting ‘‘New York contracts for permanent supportive housing dian tribe shall be the greater of the two re- State Department of Environmental Con- that were funded under section 854(c)(3) of sulting allocation amounts: Provided further, servation, NY, for planning and design of the such Act that meet all program require- That the Department shall notify grantees of Catskill Visitor Interpretative Center’’. their formula allocation within 60 days of en- ments before awarding funds for new con- The referenced statement of managers actment of this Act: Provided further, That of tracts and activities authorized under this under the heading ‘‘Community Planning the amounts made available under this head- section: Provided further, That the Depart- and Development’’ in title II in division I of ing, $3,500,000 shall be contracted for assist- ment shall notify grantees of their formula Public Law 111–8 is deemed to be amended by ance for a national organization representing allocation within 60 days of enactment of striking ‘‘Charles County Department of Native American housing interests for pro- this Act. Human Services, Maryland, Port Tobacco, viding training and technical assistance to COMMUNITY DEVELOPMENT FUND MD, for acquisition and rehabilitation of the Indian housing authorities and tribally des- For assistance to units of State and local former Changing Point South facility as a ignated housing entities as authorized under government, and to other entities, for eco- homeless shelter and transitional housing’’ NAHASDA; and $4,250,000 shall be to support nomic and community development activi- and inserting ‘‘Charles County Department

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6337 of Human Services, Port Tobacco, MD, for $427,000,000, notwithstanding any aggregate priated under this heading shall be available acquisition and rehabilitation of a facility’’. limitation on outstanding obligations guar- for such continuum of care and rural housing Of the amounts made available under this anteed in section 108(k) of the Housing and stability assistance programs: Provided fur- heading, $150,000,000 shall be made available Community Development Act of 1974, as ther, That up to $6,000,000 of the funds appro- for a Sustainable Communities Initiative to amended. priated under this heading shall be available improve regional planning efforts that inte- BROWNFIELDS REDEVELOPMENT for the national homeless data analysis project: Provided further, That for all match grate housing and transportation decisions, For competitive economic development requirements applicable to funds made avail- and increase the capacity to improve land grants, as authorized by section 108(q) of the able under this heading for this fiscal year use and zoning: Provided, That grants under Housing and Community Development Act of and prior years, a grantee may use (or could such Initiative may only be made to metro- 1974, as amended, for Brownfields redevelop- have used) as a source of match funds other politan planning organizations (MPOs), rural ment projects, $17,500,000, to remain avail- planning organizations, States or other units funds administered by the Secretary and able until September 30, 2012: Provided, That other Federal agencies unless there is (or of general local government, and housing- no funds made available under this heading and transportation-related nonprofit organi- was) a specific statutory prohibition on any may be used to establish loan loss reserves such use of any such funds: Provided further, zations: Provided further, That $100,000,000 for the section 108 Community Development shall be for Regional Integrated Planning That the Secretary shall renew on an annual Loan Guarantee program: Provided further, basis expiring contracts or amendments to Grants to support the linking of transpor- That a Notice of Funding Availability shall tation and land use planning: Provided fur- contracts funded under the continuum of be issued not later than 90 days after enact- care program if the program is determined to ther, That not less than $25,000,000 of the ment of this Act. funding made available for Regional Inte- be needed under the applicable continuum of HOME INVESTMENT PARTNERSHIPS PROGRAM grated Planning Grants shall be awarded to care and meets appropriate program require- metropolitan areas of less than 500,000: Pro- For the HOME investment partnerships ments and financial standards, as deter- vided further, That $40,000,000 shall be for program, as authorized under title II of the mined by the Secretary: Provided further, Community Challenge Planning Grants to Cranston-Gonzalez National Affordable That all awards of assistance under this foster reform and reduce barriers to achieve Housing Act, as amended, $1,825,000,000, to re- heading shall be required to coordinate and affordable, economically vital, and sustain- main available until September 30, 2013: Pro- integrate homeless programs with other able communities: Provided further, That be- vided, That, funds provided in prior appro- mainstream health, social services, and em- fore funding is made available for Regional priations Acts for technical assistance, that ployment programs for which homeless popu- Integrated Planning Grants or Community were made available for Community Housing lations may be eligible, including Medicaid, Challenge Planning Grants, the Secretary, in Development Organizations technical assist- State Children’s Health Insurance Program, coordination with the Secretary of Transpor- ance, and that still remain available, may be Temporary Assistance for Needy Families, Food Stamps, and services funding through tation, shall submit a plan to the House and used for HOME technical assistance notwith- the Mental Health and Substance Abuse Senate Committees on Appropriations, the standing the purposes for which such Block Grant, Workforce Investment Act, and Senate Committee on Banking and Urban Af- amounts were appropriated: Provided further, the Welfare-to-Work grant program: Provided fairs, and the House Committee on Financial That the Department shall notify grantees of further, That all balances for Shelter Plus Services establishing grant criteria as well their formula allocation within 60 days of en- Care renewals previously funded from the as performance measures by which the suc- actment of thi Act. Shelter Plus Care Renewal account and cess of grantees will be measured: Provided SELF-HELP AND ASSISTED HOMEOWNERSHIP transferred to this account shall be avail- further, That the Secretary will consult with OPPORTUNITY PROGRAM able, if recaptured, for continuum of care re- the Secretary of Transportation in evalu- For the Self-Help and Assisted Homeown- newals in fiscal year 2011. ating grant proposals: Provided further, That ership Opportunity Program, as authorized up to $10,000,000 shall be for a joint Depart- under section 11 of the Housing Opportunity HOUSING PROGRAMS ment of Housing and Urban Development and Program Extension Act of 1996, as amended, PROJECT-BASED RENTAL ASSISTANCE Department of Transportation research ef- $82,000,000, to remain available until Sep- For activities and assistance for the provi- fort that shall include a rigorous evaluation tember 30, 2012: Provided, That of the total sion of project-based subsidy contracts under of the Regional Integrated Planning Grants amount provided under this heading, the United States Housing Act of 1937 (42 and Community Challenge Planning Grants $27,000,000 shall be made available to the U.S.C. 1437 et seq.) (‘‘the Act’’), not other- programs, as well as to provide funding for a Self-Help and Assisted Homeownership Op- wise provided for, $8,982,328,000, to remain clearinghouse and capacity building efforts: portunity Program as authorized under sec- available until expended, shall be available Provided further, That of the amounts made tion 11 of the Housing Opportunity Program on October 1, 2010 (in addition to the available under this heading, $25,000,000 shall Extension Act of 1996, as amended: Provided $393,672,000 previously appropriated under be made available for the Rural Innovation further, That $50,000,000 shall be made avail- this heading that will become available Oc- Fund for grants to Indian tribes, State hous- able for the second, third and fourth capac- tober 1, 2010), and $400,000,000, to remain ing finance agencies, State community and/ ity building activities authorized under sec- available until expended, shall be available or economic development agencies, local tion 4(a) of the HUD Demonstration Act of on October 1, 2011: Provided, That the rural nonprofits and community develop- 1993 (42 U.S.C. 9816 note), of which not less amounts made available under this heading ment corporations to address the problems of than $5,000,000 may be made available for shall be available for expiring or terminating concentrated rural housing distress and com- rural capacity building activities: Provided section 8 project-based subsidy contracts (in- munity poverty: Provided further, That of the further, That $5,000,000 shall be made avail- cluding section 8 moderate rehabilitation funding made available under the previous able for capacity building activities as au- contracts), for amendments to section 8 proviso, at least $5,000,000 shall be made thorized in sections 6301 through 6305 of Pub- project-based subsidy contracts (including available to promote economic development lic Law 110–246: Provided further, That a No- section 8 moderate rehabilitation contracts), and entrepreneurship for federally recog- tice of Funding Availability shall be issued for contracts entered into pursuant to sec- nized Indian Tribes, through activities in- not later than 60 days after enactment of tion 441 of the McKinney-Vento Homeless cluding the capitalization of revolving loan this Act. Assistance Act (42 U.S.C. 11401), for renewal of section 8 contracts for units in projects programs and business planning and develop- HOMELESS ASSISTANCE GRANTS ment, funding is also made available for that are subject to approved plans of action For the emergency solutions grants pro- under the Emergency Low Income Housing technical assistance to increase capacity gram as authorized under subtitle B of title through training and outreach activities: Preservation Act of 1987 or the Low-Income IV of the McKinney-Vento Homeless Assist- Housing Preservation and Resident Home- Provided further, That of the amounts made ance Act, as amended; the continuum of care ownership Act of 1990, and for administrative available under this heading, $25,000,000 is for program as authorized under subtitle C of and other expenses associated with project- grants pursuant to section 107 of the Housing title IV of such Act; and the rural housing based activities and assistance funded under and Community Development Act of 1974 (42 stability assistance program as authorized this paragraph: Provided further, That of the U.S.C. 5307). under subtitle D of title IV of such Act, total amounts provided under this heading, COMMUNITY DEVELOPMENT LOAN GUARANTEES $2,200,000,000, of which $2,195,000,000 shall re- not to exceed $315,000,000 shall be available PROGRAM ACCOUNT main available until September 30, 2013, and for performance-based contract administra- For the cost of guaranteed loans, of which $5,000,000 shall remain available tors for section 8 project-based assistance: $10,000,000, to remain available until Sep- until expended for project-based rental as- Provided further, That the Secretary of Hous- tember 30, 2012, as authorized by section 108 sistance rehabilitation with 10-year grant ing and Urban Development may also use of the Housing and Community Development terms and any rental assistance amounts such amounts in the previous proviso for per- Act of 1974 (42 U.S.C. 5308): Provided, That that are recaptured under such continuum of formance-based contract administrators for such costs, including the cost of modifying care program shall remain available until the administration of: interest reduction such loans, shall be as defined in section 502 expended: Provided, That up to $200,000,000 of payments pursuant to section 236(a) of the of the Congressional Budget Act of 1974: Pro- the funds appropriated under this heading National Housing Act (12 U.S.C. 1715z–1(a)); vided further, That these funds are available shall be available for such emergency solu- rent supplement payments pursuant to sec- to subsidize total loan principal, any part of tions grants program: Provided further, That tion 101 of the Housing and Urban Develop- which is to be guaranteed, not to exceed no less than $1,989,000,000 of the funds appro- ment Act of 1965 (12 U.S.C. 1701s); section

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6338 CONGRESSIONAL RECORD — HOUSE July 29, 2010 236(f)(2) rental assistance payments (12 a 1-year term, and for supportive services as- 2011 appropriation from the general fund es- U.S.C. 1715z–1(f)(2)); project rental assistance sociated with the housing for persons with timated at not more than $7,000,000 and fees contracts for the elderly under section disabilities as authorized by section 811(b)(1) pursuant to such section 620 shall be modi- 202(c)(2) of the Housing Act of 1959 (12 U.S.C. of such Act, and for tenant-based rental as- fied as necessary to ensure such a final fiscal 1701q); project rental assistance contracts for sistance contracts entered into pursuant to year 2011 appropriation: Provided further, supportive housing for persons with disabil- section 811 of such Act, $300,000,000, of which That for the dispute resolution and installa- ities under section 811(d)(2) of the Cranston- up to $209,900,000 shall be for capital ad- tion programs, the Secretary of Housing and Gonzalez National Affordable Housing Act vances and project-based rental assistance Urban Development may assess and collect (42 U.S.C. 8013(d)(2)); project assistance con- contracts, to remain available until Sep- fees from any program participant: Provided tracts pursuant to section 202(h) of the Hous- tember 30, 2014: Provided, That amounts for further, That such collections shall be depos- ing Act of 1959 (Public Law 86–372; 73 Stat. project rental assistance contracts are to re- ited into the Fund, and the Secretary, as 667); and loans under section 202 of the Hous- main available for the liquidation of valid provided herein, may use such collections, as ing Act of 1959 (Public Law 86–372; 73 Stat. obligations for 10 years following the date of well as fees collected under section 620, for 667): Provided further, That amounts recap- such obligation: Provided further, That the necessary expenses of such Act: Provided fur- tured under this heading, the heading ‘‘An- Secretary may waive the provisions of sec- ther, That notwithstanding the requirements nual Contributions for Assisted Housing’’, or tion 811 governing the terms and conditions of section 620 of such Act, the Secretary may the heading ‘‘Housing Certificate Fund’’ may of project rental assistance, except that the carry out responsibilities of the Secretary be used for renewals of or amendments to initial contract term for such assistance under such Act through the use of approved section 8 project-based contracts or for per- shall not exceed 5 years in duration: Provided service providers that are paid directly by formance-based contract administrators, further, That amounts made available under the recipients of their services. notwithstanding the purposes for which such this heading shall be available for Real Es- FEDERAL HOUSING ADMINISTRATION amounts were appropriated. tate Assessment Center inspections and in- HOUSING FOR THE ELDERLY spection-related activities associated with MUTUAL MORTGAGE INSURANCE PROGRAM For capital advances, including amend- section 811 Capital Advance Projects. ACCOUNT ments to capital advance contracts, for hous- HOUSING COUNSELING ASSISTANCE (INCLUDING TRANSFER OF FUNDS) ing for the elderly, as authorized by section For contracts, grants, and other assistance New commitments to guarantee single 202 of the Housing Act of 1959, as amended, excluding loans, as authorized under section family loans insured under the Mutual Mort- and for project rental assistance for the el- 106 of the Housing and Urban Development gage Insurance Fund shall not exceed derly under section 202(c)(2) of such Act, in- Act of 1968, as amended, $88,000,000, including $400,000,000,000, to remain available until cluding amendments to contracts for such up to $2,500,000 for administrative contract September 30, 2012: Provided, That for the assistance and renewal of expiring contracts services, to remain available until Sep- cost of new guaranteed loans, as authorized for such assistance for up to a 1-year term, tember 30, 2012: Provided, That funds shall be by section 255 of the National Housing Act and for supportive services associated with used for providing counseling and advice to (12 U.S.C. 17152-20), $150,000,000: Provided fur- the housing, $825,000,000, to remain available tenants and homeowners, both current and ther, That during fiscal year 2011, obligations until September 30, 2014, of which up to prospective, with respect to property main- to make direct loans to carry out the pur- $491,300,000 shall be for capital advance and tenance, financial management/literacy, and poses of section 204(g) of the National Hous- project-based rental assistance awards: Pro- such other matters as may be appropriate to ing Act, as amended, shall not exceed vided, That amounts for project rental assist- assist them in improving their housing con- $50,000,000: Provided further, That the fore- ance contracts are to remain available for ditions, meeting their financial needs, and going amount in the previous proviso shall the liquidation of valid obligations for 10 fulfilling the responsibilities of tenancy or be for loans to nonprofit and governmental years following the date of such obligation: homeownership; for program administration; entities in connection with sales of single Provided further, That of the amount pro- and for housing counselor training. family real properties owned by the Sec- vided under this heading, up to $90,000,000 retary and formerly insured under the Mu- shall be for service coordinators and the con- OTHER ASSISTED HOUSING PROGRAMS tual Mortgage Insurance Fund. For adminis- tinuation of existing congregate service RENTAL HOUSING ASSISTANCE trative contract expenses of the Federal grants for residents of assisted housing For amendments to contracts under sec- Housing Administration, $207,000,000, to re- projects, and of which up to $40,000,000 shall tion 101 of the Housing and Urban Develop- main available until September 30, 2012, of be for grants under section 202b of the Hous- ment Act of 1965 (12 U.S.C. 1701s) and section which up to $71,500,000 may be transferred to ing Act of 1959 (12 U.S.C. 1701q–2) for conver- 236(f)(2) of the National Housing Act (12 the Working Capital Fund: Provided further, sion of eligible projects under such section to U.S.C. 1715z–1) in State-aided, non-insured That to the extent guaranteed loan commit- assisted living or related use and for sub- rental housing projects, $40,600,000, to remain ments exceed $200,000,000,000 on or before stantial and emergency capital repairs as de- available until expended. April 1, 2011, an additional $1,400 for adminis- termined by the Secretary: Provided further, RENT SUPPLEMENT trative contract expenses shall be available That of the amount made available under for each $1,000,000 in additional guaranteed this heading, $20,000,000 shall be available to (RESCISSION) loan commitments (including a pro rata the Secretary of Housing and Urban Develop- Of the amounts recaptured from termi- amount for any amount below $1,000,000), but ment only for making competitive grants to nated contracts under section 101 of the in no case shall funds made available by this private nonprofit organizations and con- Housing and Urban Development Act of 1965 proviso exceed $30,000,000. sumer cooperatives for covering costs of ar- (12 U.S.C. 1701s) and section 236 of the Na- chitectural and engineering work, site con- tional Housing Act (12 U.S.C. 1715z–1) GENERAL AND SPECIAL RISK PROGRAM ACCOUNT trol, and other planning relating to the de- $40,600,000 are rescinded: Provided, That no During fiscal year 2011, commitments to velopment of supportive housing for the el- amounts may be rescinded from amounts guarantee loans incurred under the General derly that is eligible for assistance under that were designated by the Congress as an and Special Risk Insurance Funds, as au- section 202 of the Housing Act of 1959 (12 emergency requirement pursuant to the Con- thorized by sections 238 and 519 of the Na- U.S.C. 1701q): Provided further, That amounts current Resolution on the Budget or the Bal- tional Housing Act (12 U.S.C. 1715z–3 and under this heading shall be available for Real anced Budget and Emergency Deficit Control 1735c), shall not exceed $20,000,000,000 in total Estate Assessment Center inspections and Act of 1985, as amended. loan principal, any part of which is to be inspection-related activities associated with PAYMENT TO MANUFACTURED HOUSING FEES guaranteed. section 202 capital advance projects: Provided TRUST FUND Gross obligations for the principal amount further, That the Secretary may waive the For necessary expenses as authorized by of direct loans, as authorized by sections provisions of section 202 governing the terms the National Manufactured Housing Con- 204(g), 207(l), 238, and 519(a) of the National and conditions of project rental assistance, struction and Safety Standards Act of 1974 Housing Act, shall not exceed except that the initial contract term for (42 U.S.C. 5401 et seq.), up to $14,000,000, to re- $20,000,000,which shall be for loans to non- such assistance shall not exceed 5 years in main available until expended, of which profit and governmental entities in connec- duration. $7,000,000 is to be derived from the Manufac- tion with the sale of single family real prop- HOUSING FOR PERSONS WITH DISABILITIES tured Housing Fees Trust Fund: Provided, erties owned by the Secretary and formerly For capital advance contracts, including That not to exceed the total amount appro- insured under such Act. amendments to capital advance contracts, priated under this heading shall be available GOVERNMENT NATIONAL MORTGAGE for supportive housing for persons with dis- from the general fund of the Treasury to the ASSOCIATION abilities, as authorized by section 811 of the extent necessary to incur obligations and Cranston-Gonzalez National Affordable make expenditures pending the receipt of GUARANTEES OF MORTGAGE-BACKED SECURITIES Housing Act (42 U.S.C. 8013), for project rent- collections to the Fund pursuant to section LOAN GUARANTEE PROGRAM ACCOUNT al assistance for supportive housing for per- 620 of such Act: Provided further, That the New commitments to issue guarantees to sons with disabilities under section 811(d)(2) amount made available under this heading carry out the purposes of section 306 of the of such Act, including amendments to con- from the general fund shall be reduced as National Housing Act, as amended (12 U.S.C. tracts for such assistance and renewal of ex- such collections are received during fiscal 1721(g)), shall not exceed $500,000,000,000, to piring contracts for such assistance for up to year 2011 so as to result in a final fiscal year remain available until September 30, 2012.

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POLICY DEVELOPMENT AND RESEARCH main available until September 30, 2012: Pro- nities, Energy Innovation Fund and other RESEARCH AND TECHNOLOGY vided, That any amounts transferred to this technical assistance as determined by the For contracts, grants, and necessary ex- Fund under this Act shall remain available Secretary: Provided further, That of the penses of programs of research and studies until expended: Provided further, That any amounts made available for research, eval- amounts transferred to this Fund from relating to housing and urban problems, not uation and program metrics and program amounts appropriated by previously enacted otherwise provided for, as authorized by title demonstrations, the Secretary shall include appropriations Acts or from within this Act V of the Housing and Urban Development an assessment of the effectiveness of HUD may be used only for the purposes specified Act of 1970 (12 U.S.C. 1701z–1 et seq.), includ- funded service coordinators: Provided further, under this Fund, in addition to the purposes ing carrying out the functions of the Sec- That the Secretary shall submit a plan to for which such amounts were appropriated: retary of Housing and Urban Development the House and Senate Committees on Appro- Provided further, That up to $15,000,000 may under section 1(a)(1)(i) of Reorganization priations for approval detailing how the be transferred to this account from all other Plan No. 2 of 1968, $50,000,000, to remain funding provided under this heading will be accounts in this title (except for the Office of available until September 30, 2012. allocated to each of the categories identified the Inspector General account) that make under this heading and for what projects or FAIR HOUSING AND EQUAL OPPORTUNITY funds available for salaries and expenses. activities funding will be used: Provided fur- FAIR HOUSING ACTIVITIES OFFICE OF INSPECTOR GENERAL ther, That following the initial approval of For contracts, grants, and other assist- For necessary salaries and expenses of the this plan, the Secretary may amend the plan ance, not otherwise provided for, as author- Office of Inspector General in carrying out with the approval of the House and Senate ized by title VIII of the Civil Rights Act of the Inspector General Act of 1978, as amend- Committees on Appropriations. 1968, as amended by the Fair Housing ed, $122,000,000: Provided, That the Inspector GENERAL PROVISIONS—DEPARTMENT OF Amendments Act of 1988, and section 561 of General shall have independent authority HOUSING AND URBAN DEVELOPMENT the Housing and Community Development over all personnel issues within this office. SEC. 201. Fifty percent of the amounts of Act of 1987, as amended, $72,000,000, to remain TRANSFORMATION INITIATIVE budget authority, or in lieu thereof 50 per- available until September 30, 2012, of which For necessary expenses for combating cent of the cash amounts associated with $42,500,000 shall be to carry out activities mortgage fraud, $20,000,000, to remain avail- such budget authority, that are recaptured pursuant to such section 561: Provided, That able until expended. from projects described in section 1012(a) of notwithstanding 31 U.S.C. 3302, the Secretary In addition, of the amounts made available the Stewart B. McKinney Homeless Assist- may assess and collect fees to cover the costs in this Act under each of the following head- ance Amendments Act of 1988 (42 U.S.C. 1437 of the Fair Housing Training Academy, and ings under this title, the Secretary may note) shall be rescinded or in the case of may use such funds to provide such training: transfer to, and merge with, this account up cash, shall be remitted to the Treasury, and Provided further, That no funds made avail- to 1 percent from each such account, and such amounts of budget authority or cash re- able under this heading shall be used to such transferred amounts shall be available captured and not rescinded or remitted to lobby the executive or legislative branches until September 30, 2014, for (1) research, the Treasury shall be used by State housing of the Federal Government in connection evaluation, and program metrics; (2) pro- finance agencies or local governments or with a specific contract, grant or loan. gram demonstrations; (3) technical assist- local housing agencies with projects ap- OFFICE OF LEAD HAZARD CONTROL AND ance and capacity building; and (4) informa- proved by the Secretary of Housing and HEALTHY HOMES tion technology: ‘‘Tenant-Based Rental As- Urban Development for which settlement oc- LEAD HAZARD REDUCTION sistance’’, ‘‘Public Housing Operating Fund’’, curred after January 1, 1992, in accordance For the Lead Hazard Reduction Program, ‘‘Indian Housing Loan Guarantee Fund Pro- with such section. Notwithstanding the pre- as authorized by section 1011 of the Residen- gram Account’’, ‘‘Native Hawaiian Housing vious sentence, the Secretary may award up tial Lead-Based Paint Hazard Reduction Act Block Grants’’, ‘‘Housing Opportunities for to 15 percent of the budget authority or cash of 1992, $140,000,000, to remain available until Persons With AIDS’’, ‘‘Community Develop- recaptured and not rescinded or remitted to September 30, 2012, of which not less than ment Fund’’, ‘‘Housing Counseling Assist- the Treasury to provide project owners with $40,000,000 shall be for the Healthy Homes ance’’, ‘‘Payment to Manufactured Housing incentives to refinance their project at a Initiative, pursuant to sections 501 and 502 of Fees Trust Fund’’, ‘‘Mutual Mortgage Insur- lower interest rate. the Housing and Urban Development Act of ance Program Account’’, ‘‘Lead Hazard Re- SEC. 202. None of the amounts made avail- 1970 that shall include research, studies, duction’’, and ‘‘Rental Housing Assistance’’: able under this Act may be used during fiscal testing, and demonstration efforts, including Provided, That of the amounts made avail- year 2011 to investigate or prosecute under education and outreach concerning lead- able under this paragraph, not less than the Fair Housing Act any otherwise lawful based paint poisoning and other housing-re- $130,000,000 shall be available for information activity engaged in by one or more persons, lated diseases and hazards: Provided, That for technology modernization, including devel- including the filing or maintaining of a non- purposes of environmental review, pursuant opment and deployment of a Next Genera- frivolous legal action, that is engaged in to the National Environmental Policy Act of tion of Voucher Management System and de- solely for the purpose of achieving or pre- 1969 (42 U.S.C. 4321 et seq.) and other provi- velopment and deployment of modernized venting action by a Government official or sions of the law that further the purposes of Federal Housing Administration systems: entity, or a court of competent jurisdiction. such Act, a grant under the Healthy Homes Provided further, That not more than 25 per- SEC. 203. (a) Notwithstanding section Initiative, Operation Lead Elimination Ac- cent of the funds made available for informa- 854(c)(1)(A) of the AIDS Housing Opportunity tion Plan (LEAP), or the Lead Technical tion technology modernization may be obli- Act (42 U.S.C. 12903(c)(1)(A)), from any Studies program under this heading or under gated until the Secretary submits to the amounts made available under this title for prior appropriations Acts for such purposes Committees on Appropriations a plan for ex- fiscal year 2011 that are allocated under such under this heading, shall be considered to be penditure that (1) identifies for each mod- section, the Secretary of Housing and Urban funds for a special project for purposes of ernization project (a) the functional and per- Development shall allocate and make a section 305(c) of the Multifamily Housing formance capabilities to be delivered and the grant, in the amount determined under sub- Property Disposition Reform Act of 1994: mission benefits to be realized, (b) the esti- section (b), for any State that— Provided further, That amounts made avail- mated lifecycle cost, and (c) key milestones (1) received an allocation in a prior fiscal able under this heading in this or prior ap- to be met; (2) demonstrates that each mod- year under clause (ii) of such section; and propriations Acts, and that still remain ernization project is (a) compliant with the (2) is not otherwise eligible for an alloca- available, may be used for any purpose under department’s enterprise architecture, (b) tion for fiscal year 2011 under such clause (ii) this heading notwithstanding the purpose for being managed in accordance with applicable because the areas in the State outside of the which such amounts were appropriated if a lifecycle management policies and guidance, metropolitan statistical areas that qualify program competition is undersubscribed and (c) subject to the department’s capital plan- under clause (i) in fiscal year 2011 do not there are other program competitions under ning and investment control requirements, have the number of cases of acquired im- this heading that are oversubscribed: Pro- and (d) supported by an adequately staffed munodeficiency syndrome (AIDS) required vided further, That a Notice of Funding project office; and (3) has been reviewed by under such clause. Availability shall be issued not later than 60 the Government Accountability Office: Pro- (b) The amount of the allocation and grant days after enactment of this Act. vided further, That of the amounts made for any State described in subsection (a) available under this paragraph, not less than shall be an amount based on the cumulative MANAGEMENT AND ADMINISTRATION $40,000,000 shall be available for technical as- number of AIDS cases in the areas of that WORKING CAPITAL FUND sistance and capacity building: Provided fur- State that are outside of metropolitan sta- For additional capital for the Working ther, That technical assistance activities tistical areas that qualify under clause (i) of Capital Fund (42 U.S.C. 3535) for the mainte- shall include, technical assistance for HUD such section 854(c)(1)(A) in fiscal year 2011, in nance of infrastructure for Department-wide programs, including HOME, Community De- proportion to AIDS cases among cities and information technology systems, for the con- velopment Block Grant, homeless programs, States that qualify under clauses (i) and (ii) tinuing operation and maintenance of both HOPWA, HOPE VI, Public Housing, the of such section and States deemed eligible Department-wide and program-specific infor- Housing Choice Voucher Program, Fair under subsection (a). mation systems, and for program-related Housing Initiative Program, Housing Coun- (c) Notwithstanding any other provision of maintenance activities, $243,500,000, to re- seling, Healthy Homes, Sustainable Commu- law, the amount allocated for fiscal year 2011

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6340 CONGRESSIONAL RECORD — HOUSE July 29, 2010 under section 854(c) of the AIDS Housing Op- budget for 2011 for such corporation or agen- ment’s congressional budget justifications to portunity Act (42 U.S.C. 12903(c)), to the City cy except as hereinafter provided: Provided, be submitted to the Committees on Appro- of New York, New York, on behalf of the New That collections of these corporations and priations of the House of Representatives York-Wayne-White Plains, New York-New agencies may be used for new loan or mort- and the Senate, shall use the identical ac- Jersey Metropolitan Division (hereafter gage purchase commitments only to the ex- count and sub-account structure provided ‘‘metropolitan division’’) of the New York- tent expressly provided for in this Act (un- under this Act. Newark-Edison, NY–NJ–PA Metropolitan less such loans are in support of other forms SEC. 211. A public housing agency or such Statistical Area, shall be adjusted by the of assistance provided for in this or prior ap- other entity that administers Federal hous- Secretary of Housing and Urban Develop- propriations Acts), except that this proviso ing assistance for the Housing Authority of ment by: (1) allocating to the City of Jersey shall not apply to the mortgage insurance or the county of Los Angeles, California, the City, New Jersey, the proportion of the met- guaranty operations of these corporations, States of Alaska, Iowa, and Mississippi shall ropolitan area’s or division’s amount that is or where loans or mortgage purchases are not be required to include a resident of pub- based on the number of cases of AIDS re- necessary to protect the financial interest of lic housing or a recipient of assistance pro- ported in the portion of the metropolitan the United States Government. vided under section 8 of the United States area or division that is located in Hudson SEC. 208. The Secretary of Housing and Housing Act of 1937 on the board of directors County, New Jersey, and adjusting for the Urban Development shall provide quarterly or a similar governing board of such agency proportion of the metropolitan division’s reports to the House and Senate Committees or entity as required under section (2)(b) of high incidence bonus if this area in New Jer- on Appropriations regarding all uncommit- such Act. Each public housing agency or sey also has a higher than average per capita ted, unobligated, recaptured and excess funds other entity that administers Federal hous- incidence of AIDS; and (2) allocating to the in each program and activity within the ju- ing assistance under section 8 for the Hous- City of Paterson, New Jersey, the proportion risdiction of the Department and shall sub- ing Authority of the county of Los Angeles, of the metropolitan area’s or division’s mit additional, updated budget information California and the States of Alaska, Iowa amount that is based on the number of cases to these Committees upon request. and Mississippi that chooses not to include a of AIDS reported in the portion of the metro- SEC. 209. (a) Notwithstanding any other resident of Public Housing or a recipient of politan area or division that is located in provision of law, the amount allocated for section 8 assistance on the board of directors Bergen County and Passaic County, New Jer- fiscal year 2011 under section 854(c) of the or a similar governing board shall establish sey, and adjusting for the proportion of the AIDS Housing Opportunity Act (42 U.S.C. an advisory board of not less than six resi- metropolitan division’s high incidence bonus 12903(c)), to the City of Wilmington, Dela- dents of public housing or recipients of sec- if this area in New Jersey also has a higher ware, on behalf of the Wilmington, Delaware- tion 8 assistance to provide advice and com- than average per capita incidence of AIDS. Maryland-New Jersey Metropolitan Division ment to the public housing agency or other The recipient cities shall use amounts allo- (hereafter ‘‘metropolitan division’’), shall be administering entity on issues related to cated under this subsection to carry out eli- adjusted by the Secretary of Housing and public housing and section 8. Such advisory gible activities under section 855 of the AIDS Urban Development by allocating to the board shall meet not less than quarterly. Housing Opportunity Act (42 U.S.C. 12904) in State of New Jersey the proportion of the SEC. 212. (a) Notwithstanding any other their respective portions of the metropolitan metropolitan division’s amount that is based provision of law, subject to the conditions division that is located in New Jersey. on the number of cases of AIDS reported in listed in subsection (b), for fiscal years 2011 (d) Notwithstanding any other provision of the portion of the metropolitan division that and 2012, the Secretary of Housing and Urban law, the amount allocated for fiscal year 2011 is located in New Jersey, and adjusting for Development may authorize the transfer of under section 854(c) of the AIDS Housing Op- the proportion of the metropolitan division’s some or all project-based assistance, debt portunity Act (42 U.S.C. 12903(c)) to areas high incidence bonus if this area in New Jer- and statutorily required low-income and with a higher than average per capita inci- sey also has a higher than average per capita very low-income use restrictions, associated dence of AIDS, shall be adjusted by the Sec- incidence of AIDS. The State of New Jersey with one or more multifamily housing retary on the basis of area incidence re- shall use amounts allocated to the State project to another multifamily housing ported over a 3-year period. under this subsection to carry out eligible project or projects. SEC. 204. Except as explicitly provided in activities under section 855 of the AIDS (b) The transfer authorized in subsection law, any grant, cooperative agreement or Housing Opportunity Act (42 U.S.C. 12904) in (a) is subject to the following conditions: other assistance made pursuant to title II of the portion of the metropolitan division that (1) The number of low-income and very this Act shall be made on a competitive basis is located in New Jersey. low-income units and the net dollar amount and in accordance with section 102 of the De- (b) Notwithstanding any other provision of of Federal assistance provided by the trans- partment of Housing and Urban Development law, the Secretary of Housing and Urban De- ferring project shall remain the same in the Reform Act of 1989 (42 U.S.C. 3545). velopment shall allocate to Wake County, receiving project or projects. SEC. 205. Funds of the Department of Hous- North Carolina, the amounts that otherwise (2) The transferring project shall, as deter- ing and Urban Development subject to the would be allocated for fiscal year 2011 under mined by the Secretary, be either physically Government Corporation Control Act or sec- section 854(c) of the AIDS Housing Oppor- obsolete or economically non-viable. tion 402 of the Housing Act of 1950 shall be tunity Act (42 U.S.C. 12903(c)) to the City of (3) The receiving project or projects shall available, without regard to the limitations Raleigh, North Carolina, on behalf of the Ra- meet or exceed applicable physical standards on administrative expenses, for legal serv- leigh-Cary, North Carolina Metropolitan established by the Secretary. ices on a contract or fee basis, and for uti- Statistical Area. Any amounts allocated to (4) The owner or mortgagor of the transfer- lizing and making payment for services and Wake County shall be used to carry out eligi- ring project shall notify and consult with the facilities of the Federal National Mortgage ble activities under section 855 of such Act tenants residing in the transferring project Association, Government National Mortgage (42 U.S.C. 12904) within such metropolitan and provide a certification of approval by all Association, Federal Home Loan Mortgage statistical area. appropriate local governmental officials. Corporation, Federal Financing Bank, Fed- (c) Notwithstanding section 854(c) of the (5) The tenants of the transferring project eral Reserve banks or any member thereof, AIDS Housing Opportunity Act (42 U.S.C. who remain eligible for assistance to be pro- Federal Home Loan banks, and any insured 12903(c)), the Secretary of Housing and Urban vided by the receiving project or projects bank within the meaning of the Federal De- Development may adjust the allocation of shall not be required to vacate their units in posit Insurance Corporation Act, as amended the amounts that otherwise would be allo- the transferring project or projects until new (12 U.S.C. 1811–1). cated for fiscal year 2011 under section 854(c) units in the receiving project are available SEC. 206. Unless otherwise provided for in of such Act, upon the written request of an for occupancy. this Act or through a reprogramming of applicant, in conjunction with the State(s), (6) The Secretary determines that this funds, no part of any appropriation for the for a formula allocation on behalf of a met- transfer is in the best interest of the tenants. Department of Housing and Urban Develop- ropolitan statistical area, to designate the (7) If either the transferring project or the ment shall be available for any program, State or States in which the metropolitan receiving project or projects meets the con- project or activity in excess of amounts set statistical area is located as the eligible dition specified in subsection (c)(2)(A), any forth in the budget estimates submitted to grantee(s) of the allocation. In the case that lien on the receiving project resulting from Congress. a metropolitan statistical area involves additional financing obtained by the owner SEC. 207. Corporations and agencies of the more than one State, such amounts allo- shall be subordinate to any FHA-insured Department of Housing and Urban Develop- cated to each State shall be in proportion to mortgage lien transferred to, or placed on, ment which are subject to the Government the number of cases of AIDS reported in the such project by the Secretary. Corporation Control Act, are hereby author- portion of the metropolitan statistical area (8) If the transferring project meets the re- ized to make such expenditures, within the located in that State. Any amounts allo- quirements of subsection (c)(2)(E), the owner limits of funds and borrowing authority cated to a State under this section shall be or mortgagor of the receiving project or available to each such corporation or agency used to carry out eligible activities within projects shall execute and record either a and in accordance with law, and to make the portion of the metropolitan statistical continuation of the existing use agreement such contracts and commitments without re- area located in that State. or a new use agreement for the project gard to fiscal year limitations as provided by SEC. 210. The President’s formal budget re- where, in either case, any use restrictions in section 104 of such Act as may be necessary quest for fiscal year 2012, as well as the De- such agreement are of no lesser duration in carrying out the programs set forth in the partment of Housing and Urban Develop- than the existing use restrictions.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6341 (9) Any financial risk to the FHA General section 102 of the Higher Education Act of sistance, to pay rent in an amount exceeding and Special Risk Insurance Fund, as deter- 1965 (20 U.S.C. 1002)); 40 percent of the monthly adjusted income of mined by the Secretary, would be reduced as (2) is under 24 years of age; the family by such a percentage or amount a result of a transfer completed under this (3) is not a veteran; as the Secretary of Housing and Urban De- section. (4) is unmarried; velopment determines to be appropriate. (10) The Secretary determines that Federal (5) does not have a dependent child; SEC. 219. The Secretary of Housing and liability with regard to this project will not (6) is not a person with disabilities, as such Urban Development shall report quarterly to be increased. term is defined in section 3(b)(3)(E) of the the House of Representatives and Senate (c) For purposes of this section— United States Housing Act of 1937 (42 U.S.C. Committees on Appropriations on HUD’s use (1) the terms ‘‘low-income’’ and ‘‘very low- 1437a(b)(3)(E)) and was not receiving assist- of all sole source contracts, including terms income’’ shall have the meanings provided ance under such section 8 as of November 30, of the contracts, cost, and a substantive ra- by the statute and/or regulations governing 2005; and tionale for using a sole source contract. (7) is not otherwise individually eligible, or the program under which the project is in- SEC. 220. Notwithstanding any other provi- has parents who, individually or jointly, are sured or assisted; sion of law, the recipient of a grant under not eligible, to receive assistance under sec- (2) the term ‘‘multifamily housing project’’ section 202b of the Housing Act of 1959 (12 tion 8 of the United States Housing Act of means housing that meets one of the fol- U.S.C. 1701q) after December 26, 2000, in ac- 1937 (42 U.S.C. 1437f). cordance with the unnumbered paragraph at lowing conditions— (b) For purposes of determining the eligi- (A) housing that is subject to a mortgage the end of section 202(b) of such Act, may, at bility of a person to receive assistance under its option, establish a single-asset nonprofit insured under the National Housing Act; section 8 of the United States Housing Act of (B) housing that has project-based assist- entity to own the project and may lend the 1937 (42 U.S.C. 1437f), any financial assistance grant funds to such entity, which may be a ance attached to the structure including (in excess of amounts received for tuition) projects undergoing mark to market debt re- private nonprofit organization described in that an individual receives under the Higher section 831 of the American Homeownership structuring under the Multifamily Assisted Education Act of 1965 (20 U.S.C. 1001 et seq.), Housing Reform and Affordability Housing and Economic Opportunity Act of 2000. from private sources, or an institution of SEC. 221. (a) The amounts provided under Act; higher education (as defined under the High- (C) housing that is assisted under section the subheading ‘‘Program Account’’ under er Education Act of 1965 (20 U.S.C. 1002)), the heading ‘‘Community Development Loan 202 of the Housing Act of 1959 as amended by shall be considered income to that indi- section 801 of the Cranston-Gonzales Na- Guarantees’’ may be used to guarantee, or vidual, except for a person over the age of 23 make commitments to guarantee, notes, or tional Affordable Housing Act; with dependent children. (D) housing that is assisted under section other obligations issued by any State on be- SEC. 216. (a) Section 255(g) of the National half of non-entitlement communities in the 202 of the Housing Act of 1959, as such sec- Housing Act (12 U.S.C. 1715z–20) is amended tion existed before the enactment of the State in accordance with the requirements of by striking the first sentence. section 108 of the Housing and Community Cranston-Gonzales National Affordable SEC. 217. Notwithstanding any other provi- Housing Act; or Development Act of 1974 in fiscal year 2011 sion of law, in fiscal year 2010, in managing and subsequent years: Provided, That, any (E) housing or vacant land that is subject and disposing of any multifamily property to a use agreement; State receiving such a guarantee or commit- that is owned or has a mortgage held by the ment shall distribute all funds subject to (3) the term ‘‘project-based assistance’’ Secretary of Housing and Urban Develop- means— such guarantee to the units of general local ment, the Secretary shall maintain any rent- government in non-entitlement areas that (A) assistance provided under section 8(b) al assistance payments under section 8 of the of the United States Housing Act of 1937; received the commitment. United States Housing Act of 1937 and other (b) Not later than 60 days after the date of (B) assistance for housing constructed or programs that are attached to any dwelling enactment of this Act, the Secretary of substantially rehabilitated pursuant to as- units in the property. To the extent the Sec- Housing and Urban Development shall pro- sistance provided under section 8(b)(2) of retary determines, in consultation with the mulgate regulations governing the adminis- such Act (as such section existed imme- tenants and the local government, that such tration of the funds described under sub- diately before October 1, 1983); a multifamily property owned or held by the section (a). (C) rent supplement payments under sec- Secretary is not feasible for continued rental SEC. 222. Section 24 of the United States tion 101 of the Housing and Urban Develop- assistance payments under such section 8 or Housing Act of 1937 (42 U.S.C. 1437v) is ment Act of 1965; other programs, based on consideration of (1) amended— (D) interest reduction payments under sec- the costs of rehabilitating and operating the (1) in subsection (m)(1), by striking ‘‘fiscal tion 236 and/or additional assistance pay- property and all available Federal, State, year’’ and all that follows through the period ments under section 236(f)(2) of the National and local resources, including rent adjust- at the end and inserting ‘‘fiscal year 2011.’’; Housing Act; and ments under section 524 of the Multifamily and (E) assistance payments made under sec- Assisted Housing Reform and Affordability (2) in subsection (o), by striking ‘‘Sep- tion 202(c)(2) of the Housing Act of 1959; Act of 1997 (‘‘MAHRAA’’) and (2) environ- tember’’ and all that follows through the pe- (4) the term ‘‘receiving project or projects’’ mental conditions that cannot be remedied riod at the end and inserting ‘‘September 30, means the multifamily housing project or in a cost-effective fashion, the Secretary 2011.’’. projects to which some or all of the project- may, in consultation with the tenants of SEC. 223. Public housing agencies that own based assistance, debt, and statutorily re- that property, contract for project-based and operate 400 or fewer public housing units quired use low-income and very low-income rental assistance payments with an owner or may elect to be exempt from any asset man- restrictions are to be transferred; owners of other existing housing properties, agement requirement imposed by the Sec- (5) the term ‘‘transferring project’’ means or provide other rental assistance. The Sec- retary of Housing and Urban Development in the multifamily housing project which is retary shall also take appropriate steps to connection with the operating fund rule: Pro- transferring some or all of the project-based ensure that project-based contracts remain vided, That an agency seeking a discontinu- assistance, debt and the statutorily required in effect prior to foreclosure, subject to the ance of a reduction of subsidy under the op- low-income and very low-income use restric- exercise of contractual abatement remedies erating fund formula shall not be exempt tions to the receiving project or projects; to assist relocation of tenants for imminent from asset management requirements. and major threats to health and safety. After dis- SEC. 224. With respect to the use of (6) the term ‘‘Secretary’’ means the Sec- position of any multifamily property de- amounts provided in this Act and in future retary of Housing and Urban Development. scribed under this section, the contract and Acts for the operation, capital improvement SEC. 213. The funds made available for Na- allowable rent levels on such properties shall and management of public housing as au- tive Alaskans under the heading ‘‘Native be subject to the requirements under section thorized by sections 9(d) and 9(e) of the American Housing Block Grants’’ in title III 524 of MAHRAA. United States Housing Act of 1937 (42 U.S.C. of this Act shall be allocated to the same Na- SEC. 218. During fiscal year 2011, in the pro- 1437g(d) and (e)), the Secretary shall not im- tive Alaskan housing block grant recipients vision of rental assistance under section 8(o) pose any requirement or guideline relating that received funds in fiscal year 2005. of the United States Housing Act of 1937 (42 to asset management that restricts or limits SEC. 214. No funds provided under this title U.S.C. 1437f(o)) in connection with a program in any way the use of capital funds for cen- may be used for an audit of the Government to demonstrate the economy and effective- tral office costs pursuant to section 9(g)(1) or National Mortgage Association that makes ness of providing such assistance for use in 9(g)(2) of the United States Housing Act of applicable requirements under the Federal assisted living facilities that is carried out 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That Credit Reform Act of 1990 (2 U.S.C. 661 et in the counties of the State of Michigan not- a public housing agency may not use capital seq.). withstanding paragraphs (3) and (18)(B)(iii) funds authorized under section 9(d) for ac- SEC. 215. (a) No assistance shall be provided of such section 8(o), a family residing in an tivities that are eligible under section 9(e) under section 8 of the United States Housing assisted living facility in any such county, for assistance with amounts from the oper- Act of 1937 (42 U.S.C. 1437f) to any individual on behalf of which a public housing agency ating fund in excess of the amounts per- who— provides assistance pursuant to section mitted under section 9(g)(1) or 9(g)(2). (1) is enrolled as a student at an institu- 8(o)(18) of such Act, may be required, at the SEC. 225. No official or employee of the De- tion of higher education (as defined under time the family initially receives such as- partment of Housing and Urban Development

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6342 CONGRESSIONAL RECORD — HOUSE July 29, 2010 shall be designated as an allotment holder fined in section 202(k) of the Housing Act of Senate Committees on Appropriations: Pro- unless the Office of the Chief Financial Offi- 1959 (12 U.S.C. 1701q(k)); vided, That, no appropriation for any such cer has determined that such allotment hold- (iv) the project owner may charge tenants account shall be increased or decreased by er has implemented an adequate system of rent sufficient to meet debt service pay- more than 10 percent by all such transfers. funds control and has received training in ments and operating cost requirements, as SEC. 230. Notwithstanding any other provi- funds control procedures and directives. The approved by the Secretary, if project-based sion of law, in determining the market value Chief Financial Officer shall ensure that, not rental assistance is not available or is insuf- of any multifamily real property or multi- later than 90 days after the date of enact- ficient for the debt service and operating family loan for any noncompetitive sale to a ment of this Act, there is a trained allot- cost of the project after refinancing. Such State or local government, the Secretary ment holder shall be designated for each approval by the Secretary— shall in fiscal year 2011 consider, but not be HUD subaccount under the headings ‘‘Execu- (I) shall be the basis for the owner to agree limited to, industry standard appraisal prac- tive Direction’’ and heading ‘‘Administra- to terminate the project-based rental assist- tices, including the cost of repairs needed to tion, Operations, and Management’’ as well ance contract that is insufficient for the bring the property into such condition as to as each account receiving appropriations for debt service and operating cost of the project satisfy minimum State and local code stand- ‘‘personnel compensation and benefits’’ with- after refinancing; and ards and the cost of maintaining the afford- in the Department of Housing and Urban De- (II) shall be an eligibility event for the ability restrictions imposed by the Secretary velopment. project for purposes of section 8(t) of the on the multifamily real property or multi- SEC. 226. Payment of attorney fees in pro- United States Housing Act of 1937 (42 U.S.C. family loan. gram-related litigation must be paid from 1437f(t)); SEC. 231. The Disaster Housing Assistance individual program office personnel benefits (v) units to be occupied by tenants assisted Programs, administered by the Department and compensation funding. The annual budg- under section 8(t) of the United States Hous- of Housing and Urban Development, shall be et submission for program office personnel ing Act of 1937 (42 U.S.C. 1437f(t)) shall, upon considered a ‘‘program of the Department of benefit and compensation funding must in- termination of the occupancy of such ten- Housing and Urban Development’’ under sec- clude program-related litigation costs for at- ants, become eligible for project-based as- tion 904 of the McKinney Act for the purpose torney fees as a separate line item request. sistance under section 8(o)(13) of the United of income verifications and matching. SEC. 227. (a) APPROVAL OF PREPAYMENT OF SEC. 232. Section 203(c)(2)(B) of the Na- States Housing Act of 1937 (42 U.S.C. DEBT.—Upon request of the project sponsor tional Housing Act (12 U.S.C. 1709(c)(2)(B)) is 1437f(o)(13)) without regard to the percentage of a project assisted with a loan under sec- amended to read as follows: ‘‘(B) In addition limitations provided in such section; and tion 202 of the Housing Act of 1959 (as in ef- to the premium under subparagraph (A), the (vi) there shall be a use agreement of 20 fect before the enactment of the Cranston- Secretary may establish and collect annual years from the date of the maturity date of Gonzalez National Affordable Housing Act), premium payments in an amount not exceed- the original 202 loan for all units, including for which the Secretary’s consent to prepay- ing 1.50 percent of the remaining insured units to be occupied by tenants assisted ment is required, the Secretary shall approve principal balance (excluding the portion of under section 8(t) of the United States Hous- the prepayment of any indebtedness to the the remaining balance attributable to the ing Act of 1937 (42 U.S.C. 1437f(t)). Secretary relating to any remaining prin- premium collected under subparagraph (A) cipal and interest under the loan as part of SEC. 228. No property identified by the Sec- retary of Housing and Urban Development as and without taking into account delinquent a prepayment plan under which— payments or prepayments). The Secretary, (1) the project sponsor agrees to operate surplus Federal property for use to assist the homeless shall be made available to any by publication of a notice in the Federal the project until the maturity date of the Register, may establish or change the original loan under terms at least as advan- homeless group unless the group is a member in good standing under any of HUD’s home- amount of the premium under subparagraph tageous to existing and future tenants as the (A) or the annual premium, and the period of terms required by the original loan agree- less assistance programs or is in good standing with any other program which receives the mortgage term for which an annual pre- ment or any project-based rental assistance funds from any other Federal or State agen- mium amount shall apply.’’. payments contract under section 8 of the cy or entity: Provided, That an exception SEC. 233. For an additional amount for the United States Housing Act of 1937 (or any may be made for an entity not involved with ‘‘Administration, Operations and Manage- other project-based rental housing assistance Federal homeless programs to use surplus ment’’ account, $2,070,635, to increase the De- programs of the Department of Housing and Federal property for the homeless only after partment’s acquisition workforce capacity Urban Development, including the rent sup- the Secretary or another responsible Federal and capabilities: Provided, That such funds plement program under section 101 of the agency has fully and comprehensively re- may be transferred by the Secretary to any Housing and Urban Development Act of 1965 viewed all relevant finances of the entity, other account in the Department to carry (12 U.S.C. 1701s)) or any successor project- the track record of the entity in assisting out the purposes provided herein: Provided based rental assistance program, except as the homeless, the ability of the entity to further, That such transfer authority is in provided by subsection (a)(2)(B); and manage the property, including all costs, the addition to any other transfer authority pro- (2) the prepayment may involve refi- ability of the entity to administer homeless vided in this Act: Provided further, That such nancing of the loan if such refinancing re- programs in a manner that is effective to funds shall be available only to supplement sults— meet the needs of the homeless population and not to supplant existing acquisition (A) in a lower interest rate on the principal that is expected to use the property and any workforce activities: Provided further, That of the loan for the project and in reductions other related issues that demonstrate a com- such funds shall be available for training, rein debt service related to such loan; or mitment to assist the homeless: Provided fur- cruitment, retention, and hiring additional (B) in the case of a project that is assisted ther, That the Secretary shall not require members of the acquisition workforce as de- with a loan under such section 202 carrying the entity to have cash in hand in order to fined by the Office of Federal Procurement an interest rate of 6 percent or lower, a demonstrate financial ability but may rely Policy Act, as amended (41 U.S.C. 401 et transaction under which— on the entity’s prior demonstrated fund- seq.): Provided further, That such funds shall (i) the project owner shall address the raising ability or commitments for in-kind be available for information technology in physical needs of the project; donations of goods and services: Provided fur- support of acquisition workforce effective- (ii) the prepayment plan for the trans- ther, That the Secretary shall make all such ness or for management solutions to improve action, including the refinancing, shall meet information and its decision regarding the acquisition management. a cost benefit analysis, as established by the award of the surplus property available to SEC. 234. The paragraphs under the heading Secretary, that the benefit of the trans- the committees of jurisdiction, including a ‘‘Flexible Subsidy Fund’’ in Public Law 108– action outweighs the cost of the transaction full justification of the appropriateness of 447 and in Public Law 109–115 are repealed. including any increases in rent charged to the use of the property to assist the home- SEC. 235. (a) LOAN LIMIT FLOOR BASED ON unassisted tenants; less as well as the appropriateness of the 2008 LEVELS.—For mortgages for which the (iii) the overall cost for providing rental group seeking to obtain the property to use mortgagee issues credit approval for the bor- assistance under section 8 for the project (if such property to assist the homeless: Pro- rower during fiscal year 2011, if the dollar any) is not increased, except, upon approval vided further, That, this section shall apply amount limitation on the principal obliga- by the Secretary to— to properties in fiscal years 2010 and 2011 tion of a mortgage determined under section (I) mark-up-to-market contracts pursuant made available as surplus Federal property 203(b)(2) of the National Housing Act (12 to section 524(a)(3) of the Multifamily As- for use to assist the homeless. U.S.C. 1709(b)(2)) for any size residence for sisted Housing Reform and Affordability Act SEC. 229. The Secretary of the Department any area is less than such dollar amount lim- (42 U.S.C. 1437f note), as such section is car- of Housing and Urban Development is au- itation that was in effect for such size resi- ried out by the Secretary for properties thorized to transfer up to 5 percent of funds dence for such area for 2008 pursuant to sec- owned by nonprofit organizations; or appropriated for any account under this title tion 202 of the Economic Stimulus Act of (II) mark-up-to-budget contracts pursuant under the heading ‘‘Personnel Compensation 2008 (Public Law 110-185; 122 Stat. 620), not- to section 524(a)(4) of the Multifamily As- and Benefits’’ to any other account under withstanding any other provision of law or of sisted Housing Reform and Affordability Act this title under the heading ‘‘Personnel Com- this joint resolution, the maximum dollar (42 U.S.C. 1437f note), as such section is car- pensation and Benefits’’ only after such amount limitation on the principal obliga- ried out by the Secretary for properties transfer has been submitted to, and received tion of a mortgage for such size residence for owned by eligible owners (as such term is de- prior written approval by, the House and such area for purposes of such section

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6343 203(b)(2) shall be considered (except for pur- such section 255 exceed 150 percent of the services as authorized by 5 U.S.C. 3109, but at poses of section 255(g) of such Act (12 maximum dollar amount in effect under the rates for individuals not to exceed the per U.S.C.1715z-20(g))) to be such dollar amount sixth sentence of section 305(a)(2) of the Fed- diem rate equivalent to the rate for a GS–15; limitation in effect for such size residence eral Home Loan Mortgage Corporation Act uniforms, or allowances therefor, as author- for such area for 2008. (12 U.S.C. 1454(a)(2)). ized by law (5 U.S.C. 5901–5902) $104,232,000, of (b) DISCRETIONARY AUTHORITY FOR SUB- SEC. 238. None of the funds in this Act shall which not to exceed $2,000 may be used for AREAS.—Notwithstanding any other provi- be available for salaries and expenses of official reception and representation ex- sion of law or of this joint resolution, if the more than 75 political and Presidential ap- penses: Provided, That the amounts made Secretary of Housing and Urban Develop- pointees in the Department of Housing and available to the National Transportation ment determines, for any geographic area Urban Development: Provided, That none of Safety Board in this Act include amounts that is smaller than an area for which dollar the personnel covered by this provision may necessary to make lease payments on an ob- amount limitations on the principal obliga- be assigned on temporary detail outside the ligation incurred in fiscal year 2001 for a caption of a mortgage are determined under sec- Department of Housing and Urban Develop- ital lease. tion 203(b)(2) of the National Housing Act, ment. NEIGHBORHOOD REINVESTMENT CORPORATION that a higher such maximum dollar amount This title may be cited as the ‘‘Department limitation is warranted for any particular of Housing and Urban Development Appro- PAYMENT TO THE NEIGHBORHOOD size or sizes of residences in such sub-area by priations Act, 2011’’. REINVESTMENT CORPORATION higher median home prices in such sub-area, TITLE III—RELATED AGENCIES For payment to the Neighborhood Rein- the Secretary may, for mortgages for which the mortgagee issues credit approval for the ACCESS BOARD vestment Corporation for use in neighborhood reinvestment activities, as authorized borrower during calendar year 2010, increase SALARIES AND EXPENSES by the Neighborhood Reinvestment Corpora- the maximum dollar amount limitation for For expenses necessary for the Access such size or sizes of residences for such sub- tion Act (42 U.S.C. 8101–8107), $137,000,000, of Board, as authorized by section 502 of the Re- which $5,000,000 shall be for a multi-family area that is otherwise in effect (including habilitation Act of 1973, as amended, pursuant to subsection (a) of this section), rental housing program: Provided, That in $7,300,000: Provided, That, notwithstanding addition, $35,000,000 shall be made available but in no case to an amount that exceeds the any other provision of law, there may be amount specified in section 202(a)(2) of the until expended for capital grants to rehabili- credited to this appropriation funds received tate or finance the rehabilitation of afford- Economic Stimulus Act of 2008. for publications and training expenses. SEC. 236. (a) LOAN LIMIT FLOOR BASED ON able housing units, including necessary ad- 2008 LEVELS.—For mortgages originated dur- FEDERAL MARITIME COMMISSION ministrative expenses: Provided further, That ing fiscal year 2011, if the limitation on the SALARIES AND EXPENSES in addition, $113,000,000 shall be made avail- maximum original principal obligation of a For necessary expenses of the Federal Mar- able until expended to the Neighborhood Re- mortgage that may be purchased by the Fed- itime Commission as authorized by section investment Corporation for mortgage fore- eral National Mortgage Association or the 201(d) of the Merchant Marine Act, 1936, as closure mitigation activities, under the fol- Federal Home Loan Mortgage Corporation amended (46 U.S.C. App. 1111), including serv- lowing terms and conditions: determined under section 302(b)(2) of the ices as authorized by 5 U.S.C. 3109; hire of (1) The Neighborhood Reinvestment Cor- Federal National Mortgage Association passenger motor vehicles as authorized by 31 poration (‘‘NRC’’), shall make grants to Charter Act (12 U.S.C. 1717(b)(2)) or section U.S.C. 1343(b); and uniforms or allowances counseling intermediaries approved by the 305(a)(2) of the Federal Home Loan Mortgage therefore, as authorized by 5 U.S.C. 5901–5902, Department of Housing and Urban Develop- Corporation Act (12 U.S.C.1754(a)(2)) respec- $25,300,000: Provided, That not to exceed $2,000 ment (HUD) (with match to be determined tively, for any size residence for any area is shall be available for official reception and by the NRC based on affordability and the less than such maximum original principal representation expenses. economic conditions of an area; a match also obligation limitation that was in effect for may be waived by the NRC based on the NATIONAL RAILROAD PASSENGER CORPORATION such size residence for such area for 2008 pur- aforementioned conditions) to provide mort- suant to section 201 of the Economic Stim- OFFICE OF INSPECTOR GENERAL gage foreclosure mitigation assistance pri- ulus Act of 2008 (Public Law 110-185; 122 Stat. SALARIES AND EXPENSES marily to States and areas with high rates of 619), notwithstanding any other provision of For necessary expenses of the Office of In- defaults and foreclosures to help eliminate law or of this joint resolution, the limitation spector General for the National Railroad the default and foreclosure of mortgages of on the maximum original principal obliga- Passenger Corporation to carry out the pro- owner-occupied single-family homes that are tion of a mortgage for such Association and visions of the Inspector General Act of 1978, at risk of such foreclosure. Other than areas Corporation for such size residence for such as amended, $22,000,000: Provided, That the with high rates of defaults and foreclosures, area shall be such maximum limitation in ef- Inspector General shall have all necessary grants may also be provided to approved fect for such size residence for such area for authority, in carrying out the duties speci- counseling intermediaries based on a geo- 2008. fied in the Inspector General Act, as amend- graphic analysis of the Nation by the NRC (b) DISCRETIONARY AUTHORITY FOR SUB- ed (5 U.S.C. App. 3), to investigate allega- which determines where there is a preva- AREAS.—Notwithstanding any other provi- tions of fraud, including false statements to lence of mortgages that are risky and likely sion of law or of this joint resolution, if the the government (18 U.S.C. 1001), by any per- to fail, including any trends for mortgages Director of the Federal Housing Finance son or entity that is subject to regulation by that are likely to default and face fore- Agency determines, for any geographic area the National Railroad Passenger Corpora- closure. A State Housing Finance Agency that is smaller than an area for which limi- tion: Provided further, That the Inspector may also be eligible where the State Housing tations on the maximum original principal General may enter into contracts and other Finance Agency meets all the requirements obligation of a mortgage are determined for arrangements for audits, studies, analyses, under this paragraph. A HUD-approved coun- the Federal National Mortgage Association and other services with public agencies and seling intermediary shall meet certain mort- or the Federal Home Loan Mortgage Cor- with private persons, subject to the applica- gage foreclosure mitigation assistance coun- poration, that a higher such maximum origi- ble laws and regulations that govern the ob- seling requirements, as determined by the nal principal obligation limitation is war- taining of such services within the National NRC, and shall be approved by HUD or the ranted for any particular size or sizes of resi- Railroad Passenger Corporation: Provided NRC as meeting these requirements. dences in such sub-area by higher median further, That the Inspector General may se- (2) Mortgage foreclosure mitigation assist- home prices in such sub-area, the Director lect, appoint, and employ such officers and ance shall only be made available to home- may, for mortgages originated during cal- employees as may be necessary for carrying owners of owner-occupied homes with mort- endar year 2010, increase the maximum origi- out the functions, powers, and duties of the gages in default or in danger of default. nal principal obligation limitation for such Office of Inspector General, subject to the These mortgages shall likely be subject to a size or sizes of residences for such sub-area applicable laws and regulations that govern foreclosure action and homeowners will be that is otherwise in effect (including pursu- such selections, appointments, and employ- provided such assistance that shall consist of ant to subsection (a) of this section) for such ment within Amtrak: Provided further, That activities that are likely to prevent fore- Association and Corporation, but in no case concurrent with the President’s budget re- closures and result in the long-term afford- to an amount that exceeds the amount speci- quest for fiscal year 2012, the Inspector Gen- ability of the mortgage retained pursuant to fied in the matter following the comma in eral shall submit to the House and Senate such activity or another positive outcome section 201(a)(l)(B) of the Economic Stimulus Committees on Appropriations a budget re- for the homeowner. No funds made available Act of 2008. quest for fiscal year 2012 in similar format under this paragraph may be provided di- SEC. 237. Notwithstanding any other provi- and substance to those submitted by execu- rectly to lenders or homeowners to discharge sion of this joint resolution, for mortgages tive agencies of the Federal Government. outstanding mortgage balances or for any for which the mortgagee issues credit ap- other direct debt reduction payments. NATIONAL TRANSPORTATION SAFETY BOARD proval for the borrower during fiscal year (3) The use of Mortgage Foreclosure Miti- 2011, the second sentence of section 255(g) of SALARIES AND EXPENSES gation Assistance by approved counseling the National Housing Act (12 U.S.C. 1715z- For necessary expenses of the National intermediaries and State Housing Finance 20(g)) shall be considered to require that in Transportation Safety Board, including hire Agencies shall involve a reasonable analysis no case may the benefits of insurance under of passenger motor vehicles and aircraft; of the borrower’s financial situation, an

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6344 CONGRESSIONAL RECORD — HOUSE July 29, 2010 evaluation of the current value of the prop- compensate, non-Federal parties intervening the expenditure of such funds: Provided fur- erty that is subject to the mortgage, coun- in regulatory or adjudicatory proceedings ther, That these requests shall be made in seling regarding the assumption of the mort- funded in this Act. compliance with reprogramming guidelines gage by another non-Federal party, coun- SEC. 403. None of the funds appropriated in under section 405 of this Act. seling regarding the possible purchase of the this Act shall remain available for obliga- SEC. 407. All Federal agencies and depart- mortgage by a non-Federal third party, tion beyond the current fiscal year, nor may ments that are funded under this Act shall counseling and advice of all likely restruc- any be transferred to other appropriations, issue a report to the House and Senate Com- turing and refinancing strategies or the ap- unless expressly so provided herein. mittees on Appropriations on all sole source proval of a work-out strategy by all inter- SEC. 404. The expenditure of any appropria- contracts by no later than July 30, 2010. Such ested parties. tion under this Act for any consulting serv- report shall include the contractor, the (4) NRC may provide up to 15 percent of the ice through procurement contract pursuant amount of the contract and the rationale for total funds under this paragraph to its own to section 3109 of title 5, United States Code, using a sole source contract. charter members with expertise in fore- shall be limited to those contracts where SEC. 408. (a) None of the funds made avail- closure prevention counseling, subject to a such expenditures are a matter of public able in this Act may be obligated or ex- certification by the NRC that the procedures record and available for public inspection, pended for any employee training that— for selection do not consist of any procedures except where otherwise provided under exist- (1) does not meet identified needs for or activities that could be construed as an ing law, or under existing Executive order knowledge, skills, and abilities bearing di- unacceptable conflict of interest or have the issued pursuant to existing law. rectly upon the performance of official du- SEC. 405. Except as otherwise provided in appearance of impropriety. ties; this Act, none of the funds provided in this (5) HUD-approved counseling entities and (2) contains elements likely to induce high Act, provided by previous appropriations State Housing Finance Agencies receiving levels of emotional response or psychological Acts to the agencies or entities funded in funds under this paragraph shall have dem- stress in some participants; this Act that remain available for obligation onstrated experience in successfully working (3) does not require prior employee notifi- or expenditure in fiscal year 2010, or provided with financial institutions as well as bor- cation of the content and methods to be used from any accounts in the Treasury derived rowers facing default, delinquency and fore- in the training and written end of course by the collection of fees and available to the evaluation; closure as well as documented counseling ca- agencies funded by this Act, shall be avail- pacity, outreach capacity, past successful (4) contains any methods or content associ- able for obligation or expenditure through a ated with religious or quasi-religious belief performance and positive outcomes with doc- reprogramming of funds that: (1) creates a umented counseling plans (including post systems or ‘‘new age’’ belief systems as de- new program; (2) eliminates a program, fined in Equal Employment Opportunity mortgage foreclosure mitigation counseling), project, or activity; (3) increases funds or loan workout agreements and loan modifica- Commission Notice N–915.022, dated Sep- personnel for any program, project, or activ- tember 2, 1988; or tion agreements. NRC may use other criteria ity for which funds have been denied or re- to demonstrate capacity in underserved (5) is offensive to, or designed to change, stricted by the Congress; (4) proposes to use participants’ personal values or lifestyle out- areas. funds directed for a specific activity by ei- (6) Of the total amount made available side the workplace. ther the House or Senate Committees on Ap- (b) Nothing in this section shall prohibit, under this paragraph, up to $3,000,000 may be propriations for a different purpose; (5) aug- restrict, or otherwise preclude an agency made available to build the mortgage fore- ments existing programs, projects, or activi- from conducting training bearing directly closure and default mitigation counseling ties in excess of $5,000,000 or 10 percent, upon the performance of official duties. capacity of counseling intermediaries whichever is less; (6) reduces existing pro- SEC. 409. No funds in this Act may be used through NRC training courses with HUD-ap- grams, projects, or activities by $5,000,000 or to support any Federal, State, or local proved counseling intermediaries and their 10 percent, whichever is less; or (7) creates, projects that seek to use the power of emi- partners, except that private financial insti- reorganizes, or restructures a branch, divi- nent domain, unless eminent domain is em- tutions that participate in NRC training sion, office, bureau, board, commission, ployed only for a public use: Provided, That shall pay market rates for such training. agency, administration, or department dif- for purposes of this section, public use shall (7) Of the total amount made available ferent from the budget justifications sub- not be construed to include economic devel- under this paragraph, up to 5 percent may be mitted to the Committees on Appropriations opment that primarily benefits private enti- used for associated administrative expenses or the table accompanying the explanatory ties: Provided further, That any use of funds for the NRC to carry out activities provided statement accompanying this Act, whichever for mass transit, railroad, airport, seaport or under this section. is more detailed, unless prior approval is re- highway projects as well as utility projects (8) Mortgage foreclosure mitigation assist- ceived from the House and Senate Commit- which benefit or serve the general public (in- ance grants may include a budget for out- tees on Appropriations: Provided, That not cluding energy-related, communication-re- reach and advertising, and training, as deter- later than 60 days after the date of enact- lated, water-related and wastewater-related mined by the NRC. ment of this Act, each agency funded by this infrastructure), other structures designated (9) The NRC shall continue to report bi-an- Act shall submit a report to the Committees for use by the general public or which have nually to the House and Senate Committees on Appropriations of the Senate and of the other common-carrier or public-utility func- on Appropriations as well as the Senate House of Representatives to establish the tions that serve the general public and are Banking Committee and House Financial baseline for application of reprogramming subject to regulation and oversight by the Services Committee on its efforts to miti- and transfer authorities for the current fis- government, and projects for the removal of gate mortgage default. cal year: Provided further, That the report an immediate threat to public health and UNITED STATES INTERAGENCY COUNCIL ON shall include: (1) a table for each appropria- safety or brownsfield as defined in the Small HOMELESSNESS tion with a separate column to display the Business Liability Relief and Brownsfield OPERATING EXPENSES President’s budget request, adjustments Revitalization Act (Public Law 107–118) shall For necessary expenses (including payment made by Congress, adjustments due to en- be considered a public use for purposes of of salaries, authorized travel, hire of pas- acted rescissions, if appropriate, and the fis- eminent domain. senger motor vehicles, the rental of con- cal year enacted level; (2) a delineation in SEC. 410. None of the funds made available ference rooms, and the employment of ex- the table for each appropriation both by ob- in this Act may be transferred to any depart- perts and consultants under section 3109 of ject class and program, project, and activity ment, agency, or instrumentality of the title 5, United States Code) of the United as detailed in the budget appendix for the re- United States Government, except pursuant States Interagency Council on Homelessness spective appropriation; and (3) an identifica- to a transfer made by, or transfer authority in carrying out the functions pursuant to tion of items of special congressional inter- provided in, this Act or any other appropria- title II of the McKinney-Vento Homeless As- est: Provided further, That the amount appro- tions Act. sistance Act, as amended, $2,680,000. priated or limited for salaries and expenses SEC. 411. No part of any appropriation con- Section 209 of the McKinney-Vento Home- for an agency shall be reduced by $100,000 per tained in this Act shall be available to pay less Assistance Act (42 U.S.C. 11319) is day for each day after the required date that the salary for any person filling a position, amended by striking the date specified in the report has not been submitted to the other than a temporary position, formerly such section and inserting ‘‘October 1, 2012’’. Congress. held by an employee who has left to enter SEC. 406. Except as otherwise specifically the Armed Forces of the United States and TITLE IV provided by law, not to exceed 50 percent of has satisfactorily completed his period of ac- GENERAL PROVISIONS—THIS ACT unobligated balances remaining available at tive military or naval service, and has with- SEC. 401. Such sums as may be necessary the end of fiscal year 2011 from appropria- in 90 days after his release from such service for fiscal year 2010 pay raises for programs tions made available for salaries and ex- or from hospitalization continuing after dis- funded in this Act shall be absorbed within penses for fiscal year 2011 in this Act, shall charge for a period of not more than 1 year, the levels appropriated in this Act or pre- remain available through September 30, 2012, made application for restoration to his vious appropriations Acts. for each such account for the purposes au- former position and has been certified by the SEC. 402. None of the funds in this Act shall thorized: Provided, That a request shall be Office of Personnel Management as still be used for the planning or execution of any submitted to the House and Senate Commit- qualified to perform the duties of his former program to pay the expenses of, or otherwise tees on Appropriations for approval prior to position and has not been restored thereto.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6345 SEC. 412. No funds appropriated pursuant to Mr. BOEHNER. Mr. Chairman, I have programs over time, I’m willing to ac- this Act may be expended in contravention an amendment at the desk. cept the gentleman’s amendment in of sections 2 through 4 of the Act of March 3, The CHAIR. The Clerk will designate the spirit of comity. 1933 (41 U.S.C. 10a–10c, popularly known as the amendment. Mr. BOEHNER. I would be happy to the ‘‘Buy American Act’’). SEC. 413. No funds appropriated or other- The text of the amendment is as fol- accept. wise made available under this Act shall be lows: I yield back the balance of my time. made available to any person or entity that At the end of the bill (before the short The CHAIR. The question is on the has been convicted of violating the Buy title), insert the following: amendment offered by the gentleman American Act (41 U.S.C. 10a–10c). SEC. ll. (a) LIMITATION ON USE OF from Ohio (Mr. BOEHNER). SEC. 414. None of the funds made available FUNDS.—None of the funds provided in this The amendment was agreed to. in this Act may be used for first-class airline Act may be used for doctoral dissertation re- AMENDMENT NO. 2 OFFERED BY MR. BOEHNER accommodations in contravention of sec- search grants on housing and urban develop- The CHAIR. It is now in order to con- tions 301–10.122 and 301–10.123 of title 41, Code ment issues. of Federal Regulations. (b) CORRESPONDING REDUCTION IN FUNDS.— sider amendment No. 2 printed in part SEC. 415. None of the funds made available The amount otherwise provided by this Act A of House Report 111–578. in this Act may be used to purchase a light for ‘‘Department of Housing and Urban De- MR. BOEHNER. Mr. Chairman, I bulb for an office building unless the light velopment—Policy Development and Re- have an amendment at the desk. bulb has, to the extent practicable, an En- search—Research and Technology’’ is hereby The CHAIR. The Clerk will designate ergy Star or Federal Energy Management reduced by $300,000. the amendment. Program designation. The CHAIR. Pursuant to House Reso- The text of the amendment is as fol- SEC. 416. None of the funds made available lution 1569, the gentleman from Ohio lows: under this Act or any prior Act may be provided to the Association of Community Orga- (Mr. BOEHNER) and a Member opposed At the end of the bill (before the short nizations for Reform Now (ACORN), or any each will control 5 minutes. title), insert the following: of its affiliates, subsidiaries, or allied organi- The Chair recognizes the gentleman SEC. ll. The aggregate amount otherwise zations. from Ohio. made available by title II, and the amount required to be made available under the SEC. 417. None of the funds provided in this Mr. BOEHNER. Mr. Chairman, I third proviso under the heading ‘‘Manage- Act for any program, project, or activity would say to my colleagues that it is that is considered to be a congressional ear- ment and Administration—Transformation no surprise to anyone in this Chamber Initiative’’, are each hereby reduced in the mark for purposes of clause 9 of rule XXI of or to the American people that spend- the Rules of the House of Representatives of amount of $40,000,000. the 111th Congress may be awarded to a for- ing in Washington is out of control. The CHAIR. Pursuant to House Reso- profit entity. Last year we had a budget deficit of lution 1569, the gentleman from Ohio SEC. 418. (a) None of the funds made avail- some $1.5 trillion. This year we have a (Mr. BOEHNER) and a Member opposed able in this Act may be used to maintain or budget deficit estimated to be at $1.4 each will control 5 minutes. establish a computer network unless such trillion. The Chair recognizes the gentleman network blocks the viewing, downloading, The American people are screaming from Ohio. and exchanging of pornography. at the top of their lungs ‘‘stop.’’ Yet (b) Nothing in subsection (a) shall limit Mr. BOEHNER. Mr. Chairman, I the use of funds necessary for any Federal, here we are moving the appropriation won’t go through the spending prob- State, tribal, or local law enforcement agen- bills that I don’t think have been thor- lems that we have and the debt prob- cy or any other entity carrying out criminal oughly scrubbed. lems we have, but in going through investigations, prosecution, or adjudication I have made it pretty clear to my col- this bill and asking the question— activities. leagues that one of the things that we every line item in the budget—is this SEC. 419. (a) None of the funds appropriated have to do, if we are going to get or otherwise made available by this Act may spending so important that we are will- spending under control, is go through ing to ask our kids and grandkids to be obligated by any covered executive agen- every line item in the Federal budget cy in contravention of the certification repay for it? quirement of section 6(b) of the Iran Sanc- and ask this question: Is this spending I bring my colleagues’ attention to a tions Act of 1996, as included in the revisions so important that we’re willing to ask program called the Transformation Ini- to the Federal Acquisition Regulation pursu- our kids and grandkids to pay for it? tiative that is designed to train com- ant to such section. Because this year 43 cents of every dol- munities that receive HUD funds on The CHAIR. No amendment shall be lar the Federal Government spends we how to use the money. in order except the amendments print- have to borrow, and it is going to be Now, let me get this straight. We’re ed in part A of House Report 111–578, our kids and grandkids that are going going to spend $40 million, money that and not to exceed four of the amend- to get to pay the bill. we don’t have, to train communities on ments printed in part B of that report Mr. Chairman, under this amendment how they can spend our money. if offered by the gentleman from Ari- it addresses a program that doles out I would think that if we are going to zona (Mr. FLAKE) or his designee. Each approximately $300,000 to fund 12 doc- send money to a community that we such amendment may be offered only toral dissertations on housing policy. would know what the money is for, in the order printed in the report, may Now, this isn’t funding their tuition; that the community would know what be offered by a Member designated in it’s funding the dissertation itself. it’s for, and that spending $40 million the report, shall be considered read, I don’t know why our kids and to train them on how to spend our shall be debatable for 10 minutes equal- grandkids should be asked to pay some money is a giant waste of time. ly divided and controlled by the pro- $300,000 to help fund research on hous- I urge my colleagues to support the ponent and an opponent, and shall not ing policy when the Department has elimination of the Transformation Ini- be subject to a demand for division of 10,000 employees who are charged with tiative and save our kids and grandkids the question. developing housing policies. $40 million. After disposition of the amendments This may be well intended, some may I reserve the balance of my time. specified in the first section of House have a great purpose for it. But as I go Mr. OLVER. Mr. Chairman, I rise in Resolution 1569, the chair and ranking through this bill—— opposition to the amendment offered minority member of the Committee on Mr. OLVER. Will the gentleman by the distinguished minority leader. Appropriations or their designees each yield? The CHAIR. The gentleman from may offer one pro forma amendment to Mr. BOEHNER. I’m happy to yield to Massachusetts is recognized for 5 min- the bill for the purpose of debate, the gentleman. utes. which shall be controlled by the pro- Mr. OLVER. I understand that the Mr. OLVER. The bill before us in- ponent. distinguished minority leader has this cludes $40 million for HUD to provide amendment which will terminate the technical assistance to nonprofit orga- b 1450 doctoral dissertation research program nizations, cities, States on how to use AMENDMENT NO. 1 OFFERED BY MR. BOEHNER at HUD. Even though I believe strongly HUD funding efficiently and effec- The CHAIR. It is now in order to con- in the value of good research and what tively. sider amendment No. 1 printed in part such good research can play in improv- The amendment removes every A of House Report 111–578. ing the effectiveness of government penny, every penny, of this technical

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6346 CONGRESSIONAL RECORD — HOUSE July 29, 2010 assistance funding from HUD. It is a The Chair understands that amend- Page 77, line 4, after the dollar amount, in- meat axe amendment. ment No. 3 will not be offered. sert ‘‘(reduced by $21,000,000)’’. Page 78, line 8, after the dollar amount, in- Cutting funding for technical assist- AMENDMENT NO. 4 OFFERED BY MR. BOEHNER ance does nothing but make the pro- sert ‘‘(reduced by $21,000,000)’’. The CHAIR. It is now in order to con- At the end of the bill (before the short grams less effective, which I doubt is sider amendment No. 4 printed in part title), insert the following: the gentleman’s intent. In fact, tech- A of House Report 111–578. SEC. ll. None of the funds made available nical assistance is the only way that MR. BOEHNER. Mr. Chairman, I in this Act under the heading ‘‘Department communities can increase their capac- have an amendment at the desk. of Housing and Urban Development—Man- ity and improve program delivery to The CHAIR. The Clerk will designate agement and Administration—Executive Di- their vulnerable populations who need the amendment. rection’’ may be used by the Secretary of assistance. The text of the amendment is as fol- Housing and Urban Development for travel expenses. Technical assistance funding allows lows: The CHAIR. Pursuant to House Reso- HUD to train communities’ own staff Page 2, line 13, after the first dollar on the issues that most affect their amount, insert ‘‘(reduced by $1,600,000)’’. lution 1569, the gentlewoman from Ohio particular population. For example, Page 2, line 20, after the dollar amount, in- (Ms. KAPTUR) and a Member opposed technical assistance funds are used to sert ‘‘(reduced by $1,600,000)’’. each will control 5 minutes. enhance and inform responses to the The CHAIR. Pursuant to House Reso- The Chair recognizes the gentle- foreclosure crisis when HUD provides lution 1569, the gentleman from Ohio woman from Ohio. funding for foreclosure counseling and (Mr. BOEHNER) and a Member opposed Ms. KAPTUR. Mr. Chairman, I offer renovating vacant homes. each will control 5 minutes. this amendment on behalf of myself These funds are responsive to need. The Chair recognizes the gentleman and other Members, including Mr. DEN- They address broader social and eco- from Ohio. NIS CARDOZA of California and Mr. JIM nomic imperatives, such as the recent Mr. BOEHNER. Mr. Chairman, we all COSTA of California, as a way to awak- increase in the homeless population, know that we have a spending problem. en HUD from its cavalier slumber. Es- which has been brought on by the long- We all know that it has to start some- sentially what we do is we take away est and deepest recession since the Sec- where. Some may suggest that these HUD’s travel budget. The idea is that ond World War. amendments I am bringing up are not we want HUD to be aggressive in doing To deny communities technical as- going to solve the problem. mortgage workouts, not traveling all sistance is to render the HUD programs But I will suggest that we have got to around the world at taxpayer expense. less effective than they can and should start this process somewhere. We have Our Nation must aggressively con- be, and that, very simply, slows down got to find ways to eliminate wasteful front the continuing hemorrhage of the recovery. spending that we all know exists. mortgage foreclosures and dead real es- I urge a ‘‘no’’ vote on the gentle- tate markets across this country. We b 1500 man’s amendment. have not hit bottom in that market yet Mr. BOEHNER. I yield myself the This amendment addresses the cre- as the crisis spreads from toxic balance of my time. ation of 11 bureaucratic positions and subprime mortgages to solid mortgages I think the gentleman from Massa- six full-time equivalents for a budget held by the middle class. But where is chusetts makes my point for me. Why office at the Department of Transpor- HUD? Housing workouts are impossible would we be sending money to commu- tation. Now I want to make sure I un- without them. nities that don’t have a plan to use it, derstand this; $1.6 million to hire a We know that Wall Street committed that may not use it effectively? bunch of bureaucrats to monitor the the perfect crime, executing the larg- I would think before the decision is spending of agencies that already have est transfer of wealth from Main Street made to grant the funds to the commu- their own budget offices. This is the to Wall Street by washing out our mid- nity that they would have dem- kind of redundant spending that we dle class—over 7.5 million families are onstrated a need, they would have dem- just don’t need to have. scheduled to lose their homes—and onstrated a capacity to use it effec- Mr. OLVER. Will the gentleman then putting their bills, any losses that tively before the grant was made. To yield? the Big Six had up there on Wall provide $40 million for metrics, re- Mr. BOEHNER. I would be happy to Street, right back on our taxpayers, search, demonstrations, innovation, yield. and then being reimbursed by our tax- technical assistance, and capacity Mr. OLVER. The amendment by the payers 100 cents on the dollar. Wall building, why wouldn’t all of these distinguished minority leader would Street’s six megabanks, and we all things be in place before the grant was cut the DOT budget office to below last know the names—Bank of America, made? year’s funding level. Even though I be- JPMorgan Chase, Wells Fargo, In consideration for the future of my lieve that these funds are needed at the Citigroup, Goldman Sachs, HSBC—con- kids and maybe someday my department and that we have added trol two-thirds of the wealth in our grandkids, I think this is spending that much new work to the load in the De- country now, including mortgages can be eliminated from this bill. partment of Transportation through twisted up in the moral hazard of I urge my colleagues to support the the recovery legislation, with some securitization. Wall Street continues amendment. misgiving, I will, again, in an effort at to be rewarded as we stand here today I yield back the balance of my time. comity and bipartisanship, accept the and our citizens are disgorged from Mr. OLVER. I yield back the balance amendment. their homes . of my time. Mr. BOEHNER. I gratefully accept. Rather than let HUD staff use our The CHAIR. The question is on the Mr. Chairman, I yield back the bal- public dollars to travel to places like amendment offered by the gentleman ance of my time. Rio de Janeiro, when people in our from Ohio (Mr. BOEHNER). The CHAIR. The question is on the country are working so hard to try to The question was taken; and the amendment offered by the gentleman work out these mortgages and the Chair announced that the noes ap- from Ohio (Mr. BOEHNER). banks aren’t answering the telephones, peared to have it. The amendment was agreed to. let HUD use all of its power and au- Mr. BOEHNER. Mr. Chairman, I de- AMENDMENT NO. 5 OFFERED BY MS. KAPTUR thority to bring the worst offenders mand a recorded vote, and pending The CHAIR. It is now in order to con- and their buddies to focus their staff on that, I make the point of order that a sider amendment No. 5 printed in part doing mortgage workouts in places like quorum is not present. A of House Report 111–578. Toledo, Ohio, Cleveland, Boise, Idaho, The CHAIR. Pursuant to clause 6 of Ms. KAPTUR. Mr. Chairman, I have Las Vegas, Sacramento. We ought to be rule XVIII, further proceedings on the an amendment at the desk, please. doing mortgage workouts, not taking amendment offered by the gentleman The CHAIR. The Clerk will designate what look like vacations to Rio de Ja- from Ohio will be postponed. the amendment. neiro. The point of no quorum is considered The text of the amendment is as fol- So I think our amendment is very withdrawn. lows: straightforward. It basically sends a

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6347 strong volley over to HUD. It asks oversight and the monitoring of hous- Ms. KAPTUR. Mr. Chairman, I yield them to do their job, to be aggressive, ing programs for low-income Ameri- an additional 30 seconds to the gen- and to really help us, as the American cans. I know that is not the intent of tleman from California (Mr. CARDOZA). people, to resolve this tremendous the gentlewoman or of the other sign- Mr. CARDOZA. I won’t take all of housing foreclosure crisis that is eat- ers of the amendment. I am willing to that time, Mr. Chairman. ing away at communities from coast to accept the gentlewoman’s amendment I will just ask my colleagues on both coast and spreading as we stand here as offered at this time. Going forward, sides of the aisle to join me in sending today. I will work with the gentlewoman and a strong message to the Department of Mr. Chairman, I reserve the balance with the signers of the amendment to Housing and Urban Development that of my time. ensure that housing for low-income in- the foreclosure programs they have put Mr. OLVER. Mr. Chairman, I claim dividuals is not jeopardized down the in place have not worked for America. time in opposition to this amendment, road. They need to get the message sooner but I don’t plan to oppose it. I reserve the balance of my time. rather than later because people are The CHAIR. Without objection, the Ms. KAPTUR. I thank the chairman losing their homes every single day gentleman from Massachusetts is rec- very much for his very helpful offer. while they dawdle. ognized for 5 minutes. I would inquire of the Chair how Mr. OLVER. Mr. Chairman, may I in- There was no objection. much time I have remaining. quire of the time I have remaining? Mr. OLVER. Because I recognize that The CHAIR. The gentlewoman from The CHAIR. The gentleman from while this amendment has been signed Ohio has 21⁄2 minutes remaining. Massachusetts has 1 minute remaining. by eight or 10 Members, that there are Ms. KAPTUR. Mr. Chairman, I want Mr. OLVER. I yield my remaining 1 a good many other Members who could to state for the RECORD that Congress- minute to the gentleman from Cali- have signed the amendment who have man DENNIS CARDOZA, the main author fornia (Mr. MCNERNEY). districts where anywhere from 20 to 30, of this amendment, will be speaking as Mr. MCNERNEY. I rise today in and sometimes even higher, percent- well as Congressman JERRY MCNERNEY strong support of the amendment ages of all the housing in those dis- of California and Congressman JIM under consideration, and I would like tricts have either gone through fore- COSTA of California. to recognize Mr. CARDOZA for his work closure and actually foreclosed, or are I yield the remaining 21⁄2 minutes to on this issue. in foreclosure processes, or in a third the gentleman from California (Mr. Mr. Chairman, we both represent case—maybe it’s a fourth case—are CARDOZA) to use and then to share with parts of the San Joaquin Valley, with under water in the sense that the value our other two colleagues. Mr. COSTA, which unfortunately has ex- of their home is less, by sometimes The CHAIR. The gentlewoman from perienced some of the highest fore- substantial amounts, than the remain- Ohio must control the time. closure rates in the Nation. It is long ing mortgage principle. Ms. KAPTUR. Mr. Chairman, I yield past time for this administration to de- I understand that this amendment is 11⁄2 minutes to the gentleman from velop effective measures to alleviate designed to draw attention to the na- California (Mr. CARDOZA). this crisis. Their efforts to date have tional foreclosure crisis, which is still Mr. CARDOZA. I would like to thank fallen far short, and I hear from too raging in too many communities, and Ms. KAPTUR for calling up my amend- many people who are in desperate need which began more than 3 years ago— ment. It beat us a little bit in our an- of help and who continue to suffer from actually, probably the seeds were sown ticipation of its coming forward. unfair banking practices. for the foreclosure crisis earlier in the Mr. Chairman, I will tell you simply This amendment is meant to deliver decade, and some would say all the way that the HUD programs have not a clear message to Secretary Donovan back into the 1980s, much more than a worked for the central valley of Cali- and to senior HUD officials: Get to decade ago. fornia. The foreclosure programs by work and find real solutions. I agree that more needs to be done to HUD have not worked for the United The administration knows that fami- help families who are struggling with States people. Many of us in Congress lies are on the verge of losing their foreclosure. I would hope that the De- warned the administration that they homes and that businesses’ and work- partment of Treasury, which has been wouldn’t work, and they continued to ers’ economic futures depend on the re- spearheading the administration’s ef- pursue them in any case, and they have covery of the housing market. forts thus far, would increase collabo- simply failed the job. The CHAIR. The gentleman from ration with the Department of Housing Thirty percent of the housing units Massachusetts has 15 seconds remain- and Urban Development and the FDIC in my district have been foreclosed on. ing. and the newly-created Foreclosure It is unconscionable that we could not Mr. OLVER. Mr. Chairman, I yield 15 Task Force, which the gentlewoman have done more to step in and assist seconds to the gentleman from Cali- and the other Members who are signers the people of my district, of the people fornia (Mr. COSTA). are members of. of California, of Ohio, of Florida, and of Mr. COSTA. Mr. Chairman, I rise I believe the Secretary of HUD is the Nevada. I think that the Secretary today to support the amendment by right person to be helping us through should give his full attention to this Mr. CARDOZA. this crisis. So I will be happy to work problem. Last March, he took a trip to The administration needs to reset its with the gentlewoman and the other Rio de Janeiro, Brazil. He took a whole housing policy. It is not working. Fore- members of the task force in order to delegation on an international housing closure rates are above and beyond the ensure that the hardest hit areas of the study conference. I think he should call in the San Joaquin Valley. We country receiving funding through have stayed right here in the United need to do a better job. what are the remaining sources of po- States and focused on the problems of I rise today to support the amendment of- tential funding: Number one, the third the millions of Americans who are los- fered by my friend Representative CARDOZA, round of the Neighborhood Stabiliza- ing their homes. to strip travel funding from the Department of tion Program that was funded within So, Mr. Chairman, I think it is time Housing and Urban Development. the financial services reform law for HUD to stay at home and to do This amendment is in response to the ongo- signed just last week, and also the re- their jobs. If it requires us to eliminate ing nationwide foreclosure crisis, which has mainder of funds that are to be brought their travel funds in order to get their been extremely devastating to my district in back from the Neighborhood Stabiliza- attention to focus on the housing cri- California. This administration’s efforts have tion Program, which was first passed in sis, so be it. not worked in the San Joaquin Valley, where 2008 in the HERA bill, which clearly The CHAIR. The time of the gen- many families continue to lose their homes. gave out more money than they were tleman has expired. This amendment forces HUD to cease their able to effectively expend when that Ms. KAPTUR. Mr. Chairman, Con- travel, while they properly address this nation- was given out later in 2008. gressman COSTA has offered his 30 addi- wide crisis. tional seconds to Congressman The CHAIR. The gentlewoman from b 1510 CARDOZA. Ohio has 45 seconds remaining. In the end, this amendment cuts all The CHAIR. The gentlewoman from Ms. KAPTUR. I thank the gentleman travel, which would eliminate critical Ohio must control the time. for yielding me the remaining time.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6348 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Mr. Chairman, I just want to thank that it then ripens, and only at that Mr. ARCURI. Mr. Chairman, I have Congressman CARDOZA, who really has moment in time does it ripen, which is an amendment at the desk. lived this mortgage foreclosure hell when the rule is adopted or when the The CHAIR. The Clerk will designate with the people of his region. I also provision is read and a member of the the amendment. thank Congressman MCNERNEY, Con- authorizing committee doesn’t stand The text of the amendment is as fol- gressman COSTA, and all of these Mem- up and exercise his or her committee’s lows: bers from California who have stood up jurisdiction. It then ripens for there to Page 80, line 6, after the dollar amount, in- here today to try to put the brake on be a perfecting amendment. sert ‘‘(reduced by $2,978,450)’’. over there at HUD and say, ‘‘Hey, wait I am further aware that the rule by The CHAIR. Pursuant to House Reso- a minute. Pay attention to what is which this bill came to the floor also lution 1569, the gentleman from New happening across California,’’ and I only makes in order 24 amendments, York (Mr. ARCURI) and a Member op- must say across Ohio, Pennsylvania, not the historic open rule under an ap- posed each will control 5 minutes. Nevada, Idaho—all of these States propriations bill. The Chair recognizes the gentleman where the middle class is being washed So my question to the Chair is: At from New York. Mr. ARCURI. Mr. Chairman, I rise in out and where our money and our eq- what moment in time would it be ap- support of my amendment to H.R. 5850, uity from our homes is being trans- propriate to offer a perfecting amend- the Transportation, Housing and Urban ment to the language that I have just ferred to Wall Street, which now con- Development Appropriations Act, indicated, which is on pages 56 and 57, trols two-thirds—six banks—of the which would reduce funding for HUD’s in light of the fact that this matter wealth of this country. Office of Policy Development and Re- Something is fundamentally wrong. only ripened when the rule was passed? search by nearly $3 million, which is 2.5 Just by way of making an observa- HUD has to stand up and do its job. We percent below the amount currently offer our amendment in all good faith, tion before the Chair gives its answer, appropriated in fiscal year 2010. and we just say to Secretary Geithner if you think about the operation of this The Office of Policy Development over at Treasury: Wait until the Treas- rule, there are no perfecting amend- and Research performs policy analysis, ury bill comes on the floor. There is ments available to authorizing lan- research, surveys, studies and evalua- more to come. guage in a bill until such time as the tions on housing—— I want to thank the chairman of the House has permitted the offense. Mr. OLVER. Will the gentleman Transportation, Housing and Urban De- b 1520 yield? velopment Subcommittee for his gra- Mr. ARCURI. I yield to the gen- ciousness and willingness to work with The House didn’t permit the offense, tleman. us as we stand up for Americans who that is, the waiver of its rules, until Mr. OLVER. I understand that this are facing foreclosure. the Rules Committee was successful in amendment will reduce funding for pol- I yield back the balance of my time. achieving the passage of this rule. icy development and research staff at The CHAIR. The question is on the So my parliamentary inquiry is, HUD by $2,978,450. Even though, as I’ve amendment offered by the gentle- when would a Member who might be in- said earlier in comments to the distin- woman from Ohio (Ms. KAPTUR). terested in modifying or perfecting this guished minority leader, that I believe The amendment was agreed to. offending language, in violation of the strongly in the role of research, I will, PARLIAMENTARY INQUIRIES House rules, have the opportunity to with some misgiving, accept the gen- Mr. LATOURETTE. Mr. Chairman, I do that? tleman’s amendment. have a parliamentary inquiry. The CHAIR. Any amendment not Mr. ARCURI. I reserve the balance of The CHAIR. The gentleman may specified in the report of the Com- my time. state his parliamentary inquiry. mittee on Rules would be precluded. Mr. LATHAM. Mr. Chairman, I would Mr. LATOURETTE. Mr. Chairman, on Mr. LATOURETTE. If I may ask a like to claim the time in opposition. page 56 of the bill currently under con- further parliamentary inquiry. The CHAIR. The gentleman from sideration, at the bottom, beginning The CHAIR. The gentleman is recog- Iowa is recognized for 5 minutes. with the last partial word on line 19 nized for further inquiry. Mr. LATHAM. While I am not in op- and then proceeding through lines 1 Mr. LATOURETTE. Just so I am position to the gentleman’s amendment, I would like to yield such time through 4 on page 57, it constitutes leg- clear on the Chair’s ruling, and that is as he may consume to the gentleman islation and authorizing on an appro- that when the Rules Committee passes from Ohio (Mr. LATOURETTE). priations bill in that it creates a new a rule waiving the rules of the House Mr. LATOURETTE. On this par- program, basically a grants program to and protecting language that is clearly ticular amendment, Mr. ARCURI, I con- the Secretary of Transportation. It in violation of House rule XXI (2)(a), if the Rules Committee further com- gratulate you as a thoughtful member sets a dollar amount of $250 million, of the Transportation and Infrastruc- and it further has a limitation clause pounds that by announcing a rule that only a certain subset of amendments ture Committee for coming up with a in terms of the time when that would beautiful amendment that’s apparently become effective. are going to be made in order, that no Member, not just majority Members, or going to be adopted by both sides. I am aware that the rule waives all Now that I’ve talked about the the chairman, no Member of this House points of order against this legislation amendment, I want to talk about the has the opportunity to do anything for violations of rule XXI, paragraph parliamentary inquiry that I asked a about that offending language. Am I 2(a). I would assert in my parliamen- few minutes ago, and discuss what’s at correct in that? tary inquiry that this, in fact, is a vio- stake here, and ask the distinguished The CHAIR. House Resolution 1569 lation of the House rules that the chairman of the subcommittee to re- waives points of order against provi- Rules Committee has waived. I am consider what I consider to be a sad de- aware of that. sions of the bill for failure to comply cision. Yet it is my understanding that the with clause 2 of rule XXI and specifies We spend a lot of time talking about precedents of the House indicate that, the amendments that may be offered. jobs in this place. Some people say when a legislative provision is inserted Mr. LATOURETTE. Further par- they’re creating jobs; others say into an appropriations bill and that liamentary inquiry. That was a long they’re not. A lot of people are wan- piece of authorizing language is per- sentence. I think the answer to my dering around saying, where are the mitted to go—offending the House question was yes. jobs. rules either by the fact that nobody The CHAIR. The gentleman is correct But at the end of the day, what is im- from the authorizing committee gets that neither a point of order nor an mutable, or what is irrefutable, and I up and makes a point of order against amendment is available for that pur- believe it’s included in the Commit- the provision that violates the rules or pose. tee’s report on this bill, is that all if the Rules Committee, as they have AMENDMENT NO. 6 OFFERED BY MR. ARCURI across the country, in 84 percent of the done in this case, issues a blanket The CHAIR. It is now in order to con- transit authorities in this Nation, be- waiver, waiving all violation of that sider amendment No. 6 printed in part cause of the way that the current for- particular section of the House rules— A of House Report 111–578. mula is structured, transit companies

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6349 around the country have plenty of pion of this thing is Mr. CARNAHAN of support every man, woman, and child money to buy buses. They don’t have Missouri, has a bill with a lot of co- using seatbelts. They save lives and re- any money to hire or retain people to sponsors on it. Why we wouldn’t do duce health care costs. drive them. that and, instead, hide behind rule XXI Most States have done the right And the last total that I saw since (2)(a), hide behind the rule that’s been thing and passed laws which make it a this situation began is that 10,000 peo- produced by the Rules Committee. Why traffic violation to not wear a seatbelt. ple, 10,000 Americans who work for don’t you let these people come back to This means if a law enforcement officer transit companies and drive buses in the work? sees someone in a car not wearing a this country, and rail cars and every- The majority and the President of seatbelt, they can pull that person over thing else, are currently out of work. the United States, with the signing of just for that offense. The Safety Belt Now, the transit authorities of this this bill, could claim credit for cre- Performance Grant program this year country have come to our attention, ating or saving 10,000 jobs with the will spend up to $124.5 million as incen- and I assume they’ve visited all Mem- stroke of a pen. I don’t know why we do tives for States to pass such laws. Thir- bers on the Hill that have transit au- it. ty-seven States and territories already thorities and they have said, you know Mr. LATHAM. I yield back the bal- have those laws. They’ve already re- what? Just for this year, if we could ance of my time. ceived their one-time payments under take some of that capital improvement Mr. ARCURI. Mr. Chairman, I would the program. But for the remaining money that we have sitting around, it’s just like to point out that the language States, the incentive program gen- stupid for us to buy a new bus because that the gentleman from Ohio is refer- erally does not seem to be attractive or we don’t have enough people to drive ring to was not the language of our workable. the buses that we currently have. And amendment, the amendment that I Rightly or wrongly, most States so, if we could just take the cost of fuel have offered. which don’t have these primary seat- and move it from the operations side I would like to thank the chairman belt laws don’t seem to want to pass over to the capital side, we could bring for accepting my amendment. And the these new laws. So why, after 5 years, back the people that we have laid off. only point that I would like to make is do we continue to fully fund a program So it boggles the mind. And when I that, clearly, the Office of Policy and under which only a couple of States offered this in the subcommittee, the Development does a very good job, and might get money? My amendment cuts chairman shot it down. When I offered we want to continue to work. But we this program by $50 million, leaving it in the full committee, the chairman felt that our cut was something that about $75 million. So if a few States do had a substitute amendment that would be helpful. pass new enhanced seatbelt laws, causes the offending language to rule I yield back the balance of my time. NHTSA will provide them the grants as XXI(2)(a) that’s contained on pages 56 The CHAIR. The question is on the intended. But my amendment cuts the and 57. amendment offered by the gentleman excess, which almost certainly won’t And let me just tell you why anybody from New York (Mr. ARCURI). be spent this year. that cares about a transit worker in The amendment was agreed to. I appreciate the hard work of the this country should be upset by this subcommittee, and urge my colleagues b 1530 substitute language. to adopt this amendment. First of all, it’s $250 million. It AMENDMENT NO. 7 OFFERED BY MR. I reserve the balance of my time. doesn’t help every transit authority in PERLMUTTER Mr. OLVER. I claim time in opposi- the country. It makes it a grant pro- The CHAIR. It is now in order to con- tion, though I am not opposed to the gram. So Secretary Ray LaHood can sider amendment No. 7 printed in part amendment. choose, pick and choose, which transit A of House Report 111–578. The CHAIR. Without objection, the authorities across the country he Mr. PERLMUTTER. Mr. Chairman, I gentleman from Massachusetts is rec- would choose to participate in this have an amendment at the desk. ognized for 5 minutes. grant program. The CHAIR. The Clerk will designate There was no objection. But worse than that is the restrictive the amendment. Mr. OLVER. I appreciate the work language that indicates that it only The text of the amendment is as fol- the gentleman has done, and I accept goes into effect if the highway bill lows: the amendment. comes into play on or before Sep- Page 44, line 21, after the dollar amount, I yield back the balance of my time. tember 30 of 2011. insert ‘‘(reduced by $50,000,000)’’. Mr. PERLMUTTER. I yield back the Now, Mr. Chairman, I spent 12 years Page 44, line 25, after the dollar amount, balance of my time. on the Transportation and Infrastruc- insert ‘‘(reduced by $50,000,000)’’. The CHAIR. The question is on the ture Committee, and I know how the Page 45, line 6, after the dollar amount, in- amendment offered by the gentleman sert ‘‘(reduced by $50,000,000)’’. highway bill works. I participated in from Colorado (Mr. PERLMUTTER). writing two of those highway bills. The CHAIR. Pursuant to House Reso- The amendment was agreed to. The President of the United States, lution 1569, the gentleman from Colo- AMENDMENT NO. 8 OFFERED BY MR. LATHAM through his Secretary, has indicated rado (Mr. PERLMUTTER) and a Member The CHAIR. It is now in order to con- they don’t even want to talk about the opposed each will control 5 minutes. sider amendment No. 8 printed in part reauthorization until March of 2011. The Chair recognizes the gentleman A of House Report 111–578. Now, even if JIM OBERSTAR, who is a from Colorado. Mr. LATHAM. I have an amendment skilled chairman and has the able as- Mr. PERLMUTTER. Mr. Chair, I first at the desk. sistance of people like Mr. ARCURI, is want to commend Chairman OLVER and The CHAIR. The Clerk will designate able to work a miracle and put on this Ranking Member LATHAM and the the amendment. floor the reauthorization, and the Sen- other members of the subcommittee The text of the amendment is as fol- ate ever gets their act together enough for putting forth a good bill which lows: makes wise investments in our Na- to pass such a thing and have it signed At the end of the bill (before the short by the President of the United States, tion’s transportation systems, our title), insert the following: you are looking now at October, No- housing industry, and our urban devel- SEC. ll. The amounts otherwise provided vember, December, January, February, opment, investments which will go a in this Act for the following accounts and ac- and March. long way toward helping America re- tivities are hereby reduced by the following Why don’t we care enough to put turn to a prosperous future. amounts: down the partisan nonsense and simply But today I offer an amendment (1) ‘‘Department of Transportation—Office say we care about the 10,000 transit which saves the American people $50 of the Secretary—National Infrastructure In- million by cutting a Federal grant pro- vestment’’, $400,000,000. workers in this country who are out of (2) ‘‘Department of Transportation—Fed- work. gram which few States, if any, will par- eral Railroad Administration—Capital As- It doesn’t spend any more money. It ticipate in this year. It’s a small step sistance for High Speed Rail Corridors and has all the incentives of the green fuel toward deficit reduction, but it is a Intercity Passenger Rail Service’’, initiatives that, actually, the cham- wise step. I want to say at the onset I $400,000,000.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6350 CONGRESSIONAL RECORD — HOUSE July 29, 2010 (3) ‘‘Department of Transportation—Fed- The CHAIR. The gentleman from level. The HOME is the largest Federal eral Transit Administration—Administrative Massachusetts is recognized for 5 min- block grant to State and local govern- Expenses’’, the amount specified in the first utes. ments designed exclusively to create proviso for safety oversight activities, Mr. OLVER. This amendment would affordable for low-income households. $24,139,000. cut $1.8 billion in areas that include (4) ‘‘Department of Transportation—Fed- b 1540 important increases above the Presi- eral Transit Administration—Capital Invest- It is a homeownership program for ment Grants’’, $177,888,000. dent’s budget. And let me simply re- (5) ‘‘Department of Housing and Urban De- mind people that our budget, as low-income households. We can’t afford velopment—Public and Indian Housing—Pub- brought forward, is $1.3 billion below to cut these programs, and I urge my lic Housing Capital Fund’’, the aggregate the President’s request. This amend- colleagues to vote ‘‘no’’ on this amend- amount, $455,800,000. ment proposes to remove another $1.8 ment. All of these are job-creating in- (6) ‘‘Department of Housing and Urban De- billion. It is the legislative branch’s vestments in our infrastructure and velopment—Public and Indian Housing—Na- clearly stated constitutional responsi- provide critical construction jobs in an tive American Housing Block Grants’’, the bility to appropriate the proper alloca- industry that has been decimated. aggregate amount, $120,000,000. While they are not all fast release, (7) ‘‘Department of Housing and Urban De- tion of resources. And that responsi- velopment—Community Planning and Devel- bility must not be ceded to the execu- they are long-term remedies, as I sug- opment—Brownfields Redevelopment’’, tive branch. gested, for the longest recession since $17,500,000. This amendment would result in cuts World War II. (8) ‘‘Department of Housing and Urban De- to a number of programs that are crit- Mr. LATHAM. I yield myself such velopment—Community Planning and Devel- ical to creating jobs, increasing trans- time as I may consume. opment—HOME Investment Partnerships portation safety, and restoring support I appreciate the gentleman’s concern Program’’, $175,000,000. to programs serving vulnerable Ameri- for spending. I just wanted to see if we (9) ‘‘Related Agencies—Neighborhood Rein- could just step back for a second. vestment Corporation—Payment to the cans across the country. It removes Neighborhood Reinvestment Corporation’’, $400 million from the TIGER grant pro- We’re going to have a $1.47 trillion the amount specified in the first proviso for gram, where for the $1.5 billion Recov- deficit this year. Forty-three cents on capital grants to rehabilitate or finance the ery Act TIGER grant program, the re- every dollar that we’re spending is bor- rehabilitation of affordable housing units, quests coming from all of the 50 States rowed money, and our kids, our grand- $35,000,000. were almost $57 billion, showing how children are going to have to pay for The CHAIR. Pursuant to House Reso- much this kind of infrastructure was it—or our great-great-grandchildren, lution 1569, the gentleman from Iowa needed. This funding would have a posi- the way we’re going—and it simply is (Mr. LATHAM) and a Member opposed tive impact on the economy, create not sustainable. each will control 5 minutes. thousands of jobs, and occur over a sev- This is an extraordinarily modest The Chair recognizes the gentleman eral-year period, thereby serving as a amendment, and the gentleman says from Iowa. slow release remedy to keep the recov- this is critical funding, absolutely nec- Mr. LATHAM. Mr. Chairman, I would ery going as it ought to do. essary, that we have to fund these hope that since we’ve done very well in The amendment also cuts $400 mil- things. Maybe you should tell your accepting these amendments this lion from the high-speed rail program, President, the President of your own would be one that the chairman would which is designed to continue building party, that he should have asked for accept also. I know how supportive he a high-speed passenger rail network. these things. These are not my reduc- is of this. But I really would hope that This again would create jobs and help tions. This is what the President says we could find some consensus and com- reinvigorate our manufacturing base. is needed for these programs, the high- mon ground on cutting spending in this That again, for moneys for appropria- speed rail. There’s a billion dollars in House. tions in the Recovery Act, received 259 this bill—would be after the cut. He’s My amendment would reduce or applications totaling $56 billion for the got $1.4. eliminate funding for programs—Presi- $8 billion it was provided in the Recov- We’re taking $400 million out of it. dent Obama, again, this is what Presi- ery Act. And the additional moneys are The President asked for a billion dol- dent Obama has said and has signaled— needed to keep investments, not that lars. He’s had $12 billion, in total, with that have adequate funding, or there is we put investments in in these places $8 billion in the stimulus package, $2.5 funding in this bill that’s duplicative of and don’t actually produce something, billion last year, another billion dol- other Federal programs. And again, we that those continue so that you can lars this year. And the money hasn’t are just going to what the President complete jobs that will allow more been spent yet, hasn’t even been allot- asked for, or cutting programs that high-speed rail programs in this counted or a contract signed. There is no were not requested, and certainly are try, as others have already spoken of. need for this spending here to have cur- not even authorized. The amendment would cut $178 mil- rent contracts go on. It just goes be- This amendment would save the tax- lion from the FTA’s capital investment yond rationale, as far as I’m concerned. payer $1.8 billion, without going under funds, the New Starts and Small Starts When we are digging ourselves in a fi- the President’s budget on any of the program, cut that back to the 2010 nancial hole like we are and we con- accounts targeted for the reduction. level. It would cut $24 million from tinue to keep digging, why don’t we The reduction of $1.8 billion would FTA’s safety activities, if those are au- say, Stop, let’s cut some spending. make this bill simply just 3.4 percent thorized. And I need to point out that This is a very modest cut that the lower than the fiscal year 2010 level. while the funds are only available to President didn’t request, and several of And you remember that bill was 23 per- the FTA if the authorizing legislation these programs are not even authorized cent higher than the year before that. is enacted, the need for additional or requested by the President. I mean, And it would send an important mes- transit safety oversight is immense. I guess it’s great if we just go ahead as sage, I think, to the American people We have had several accidents on sev- the Appropriations Committee, say, that Congress can take care of the Na- eral of our major transit systems. And the heck, we don’t need to have author- tion’s housing and transportation DOT needs the ability to hire safety ization for anything. Actually, this needs without further jeopardizing our personnel to provide oversight. whole bill, there’s very little that actu- Nation’s fiscal health. The amendment would cut $456 mil- ally is authorized in this bill. I would hope that my colleagues lion from the Public Housing Capital Does anybody go home and listen would join me in cutting this mere Fund. Again, that supports renovation anymore? Listen to your constituents three cents on the dollar out of this and construction of public housing and hear what they’re saying. Can we bill, with an attempt to put this bill units, where there is a backlog of $25 afford this kind of spending? No, we back on the path towards fiscal respon- billion in needs that have been identi- cannot. If we’ll listen and do what the sibility. fied in that program. people are telling us to, and that’s to I reserve the balance of my time. It would cut $175 million from the modestly reduce spending, cut spend- Mr. OLVER. I rise in opposition to HOME Investment Partnerships Pro- ing. And if we can’t do it here on this the amendment. gram to restore funding to the 2010 very small amendment on this huge

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6351 bill, we’re never going to save our fis- Mr. LATHAM. Mr. Chairman, I de- I reserve the balance of my time. cal future for our kids and our grand- mand a recorded vote. Mr. OLVER. I rise to claim time in children. The CHAIR. Pursuant to clause 6 of opposition to the amendment. Mr. OBERSTAR. Mr. Chair, I rise in strong rule XVIII, further proceedings on the The CHAIR. The gentleman from opposition to the amendment offered by the amendment offered by the gentleman Massachusetts is recognized for 5 min- gentleman from Iowa (Mr. LATHAM) which low- from Iowa will be postponed. utes. ers or eliminates funding for many important AMENDMENT NO. 9 OFFERED BY MR. DEFAZIO Mr. OLVER. I yield 1 minute to the transportation grants provided by this Act. The CHAIR. It is now in order to con- gentleman from Iowa (Mr. LATHAM). The amendment would lower the amount sider amendment No. 9 printed in part Mr. LATHAM. I thank the gentleman provided for transit Capital Investment Grants, A of House Report 111–578. very much and for claiming time in op- known as New Starts, which fund much need- Mr. DEFAZIO. I have an amendment position while I’m supporting the ed rail and bus rapid transit systems. at the desk. amendment. I rise in support of the DeFazio New Start grants create public transpor- The CHAIR. The Clerk will designate amendment for two reasons: tation systems that transform our communities the amendment. The text of the amendment is as fol- First, with the stresses on the High- by improving the mobility of a region, reducing way Trust Fund and the dependence of congestion on the roadways, decreasing our lows: Insert at the end of the bill (before the our States on the moneys from that dependence on oil, and increasing accessi- fund, we’re violating our fiduciary re- bility to work, schools, hospitals, and home. short title) the following: SEC. 420. None of the funds appropriated or sponsibilities by granting authority to If Americans rode public transit at the rate otherwise made available under this Act may take $200 million, much-needed dollars, of 10 percent of daily travel, the U.S. would be used to implement section 124 except as out of the trust fund for a program reduce its dependence on imported oil by authorized by law after the date of enact- that has yet to be defined legislatively more than 40 percent—equivalent to all the oil ment of this Act. or otherwise. we import from the Persian Gulf. This funding The CHAIR. Pursuant to House Reso- Second, as noted in the minority for new transit systems should be increased, lution 1569, the gentleman from Oregon views of the report accompanying this rather than decreased, and I oppose this (Mr. DEFAZIO) and a Member opposed bill, the concept of livable commu- amendment. each will control 5 minutes. nities is just that. It’s a concept. I’ve Moreover the amendment would eliminate The Chair recognizes the gentleman never seen the definition of a livable $400 million from the high-speed and intercity from Oregon. community. There’s nothing defined of passenger rail investment program. Mr. DEFAZIO. I yield myself such what a ‘‘livable community’’ is. The Passenger Rail Investment and Im- time as I may consume. The initiatives that would be funded provement Act of 2008 (PRIIA) (Public Law We need a 21st century transpor- under this concept with the $200 mil- 110–432, Division B) created two new Fed- tation policy for America. We need to lion involve activities that are rightly eral-State matching grant programs to provide move beyond the constipated transpor- part of the jurisdictions of State and capital assistance to States and Amtrak for tation policies of the Bush era that are local governments and metropolitan development of high-speed and intercity pas- allowed and have allowed our system planning commissions. senger rail. PRIIA also created a congestion to deteriorate: 150,000 bridges on the And again, I would rise in strong sup- grant program, which authorized $325 million Federal system in need of substantial port of this amendment. over four years for grants to States for elimi- replacement or repair; transit systems Mr. WU. Mr. Chair, I rise in strong support nating chokepoints on the freight rail network with an $80 billion backlog for equip- of my friend and colleague, PETER DEFAZIO’s to help reduce congestion and facilitate rider- ment. They’re running obsolete rail- amendment. ship growth on intercity passenger rail. cars right here in the Nation’s Capital In answer to the ranking member’s inquiry, The American Recovery and Reinvestment that are killing people. They should I just want to say that the definition of a livable Act of 2009 (Recovery Act) (Public Law 111– have been retired years ago. They need community is Portland, Oregon. 1) built upon the three programs created by to be replaced. We have frustrated I support livability, and from the beautiful Congress in the 2008 law, and provided $9.3 commuters wasting hundreds of thou- and livable State of Oregon, I know what it billion in capital grants for investment in high- sands of hours and billions of gallons of means for communities to adopt livability speed and intercity passenger rail. The De- fuel caught in congestion; businesses standards into their transportation planning. It partment of Transportation is now in its sec- and industries crying out they need means more stable economies, integrated ond round of soliciting grant proposals. For the help for just-in-time delivery and their transportation systems, and walkable streets. first round of grants, the Federal Railroad Ad- trucks are delayed and detoured. It means jobs. ministration (FRA) received 259 grant applica- On October 1, we were supposed to do We are now 10 months past the expiration tions from 37 States and the District of Colum- a 6-year bill to direct the investment in of the past highway bill, and the administration bia requesting nearly $57 billion in funding— the system and enhance the invest- has yet to provide Congress with an authoriza- far exceeding the initial $8 billion available ment. And that bill would have in- tion proposal or even to submit its long-prom- under the Recovery Act. cluded a major new program for metro- ised authorization principles. In total, 79 applications from 31 States were politan mobility and access and had an All they offer are extension after extension. By doing this they are ignoring high-wage, selected for funding. In fact, the gentleman’s office of livability. But the Obama ad- middle-class, private-sector jobs generated by (Mr. LATHAM) home State of Iowa received ministration stopped the bill, and transportation and livability projects and en- they’ve refused to come to the table funding from FRA to conduct Alternatives gaging in legislative ‘‘end arounds’’ to spend and discuss how we can move forward Analysis and an Environmental Assessment, scarce taxpayer dollars with no congressional and make these needed investments. and to finalize a service development plan for or other needed oversight. passenger rail service from Chicago, Illinois to But now the Secretary would like a Mr. OLVER. Mr. Chairman, I yield Omaha, Nebraska. little cherry, which would be like an back the balance of my time. In addition, Amtrak is using its Recovery Act office of livability, not defined, and Mr. DEFAZIO. Mr. Chairman, it’s my grants to invest in much needed Americans he’d like $200 million, at his discretion, understanding that the chairman is with Disabilities Act improvements to make whatever he defines livability as, to going to accept the amendment. stations in Preston, Ft. Madison, Mt. Pleasant, give grants to whomever he wishes Mr. OLVER. That is correct. Osceola, Burlington, and Ottumwa, Iowa, ac- under whatever criteria he might, in Mr. DEFAZIO. Given that, Mr. Chair- cessible to persons with disabilities. the future, propose. man, I yield back the balance of my I urge Members to oppose this amendment. Now, this would be, given the state of time. Mr. LATHAM. I yield back the bal- disrepair of our system and the deterio- The CHAIR. The question is on the ance of my time. ration of our system, a lot like buying amendment offered by the gentleman The CHAIR. The question is on the a brand new tire and rim to put on a from Oregon (Mr. DEFAZIO). amendment offered by the gentleman junk car that’s up on blocks. It’s not The amendment was agreed to. from Iowa (Mr. LATHAM). going to get anybody anywhere. It’s AMENDMENT NO. 10 OFFERED BY MR. CULBERSON The question was taken; and the not going to meaningfully address the The CHAIR. It is now in order to con- Chair announced that the noes ap- problems of the system. We need a sider amendment No. 10 printed in part peared to have it. comprehensive approach. A of House Report 111–578.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6352 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Mr. CULBERSON. Mr. Chairman, I A constitutional conservative major- which would be cut from the Federal have an amendment at the desk. ity if elected to this Congress in No- Transit Administration, eliminating The CHAIR. The Clerk will designate vember will, beginning in January, get some of the best transportation options the amendment. this Nation back on track to a bal- that are available to millions of Ameri- The text of the amendment is as fol- anced budget by imposing strict spend- cans, and everyone here can begin to lows: ing discipline everywhere we can. This truly see the repercussions of this At the end of the bill (before the short amendment is designed to begin that amendment. title), insert the following: process. The current level of debt out Fiscal prudence simply cannot mean SEC. ll. Appropriations made in this Act turning hundreds and hundreds of thou- are hereby reduced in the amount of there today owned by the public, by $12,400,000,000. sovereign wealth funds, exceeds $13 sands of people out of their homes, eliminating almost a quarter of a mil- The CHAIR. Pursuant to House Reso- trillion. It’s unprecedented, it’s dan- lution 1569, the gentleman from Texas gerous, and it’s unacceptable to burden lion jobs, and creating real transportation safety concerns. (Mr. CULBERSON) and a Member opposed our children with this level of debt. This bill is wisely balanced to meet each will control 5 minutes. And since our transportation programs The Chair recognizes the gentleman just got a $62 billion increase in the the needs of citizens within current fis- from Texas. stimulus, since our transportation pro- cal constraints. In fact, Mr. Chairman, Mr. CULBERSON. The Congressional grams just got a 23 percent increase in I am asking you a question if I may: Is Budget Office just released a report fiscal year 2010, surely we can cut $12 this amendment—since I am supposed this week which shows we are on the billion out of this bill and save our kids to address all comments through the brink of an unprecedented debt crisis and prevent our children and grand- Chair—is this amendment deliberately in this Nation which could, in and of children from paying that off. Because designed to prolong the great recession itself, trigger a new financial crisis be- every dollar we spend here today is and send America back into a double cause, if the credit markets become borrowed money. One hundred percent dip recession or a great depression? Be- concerned that we, as a Nation, may be of the money brought into the Treas- cause that’s what happened. In the overstretched and unable to repay in ury in revenue goes right out the door Great Depression, we went into a dou- full the unprecedented national debt for Social Security, Medicare, Medicaid ble dip recession, or a depression, and that’s out there owned by the public, and interest on the national debt. This ended up with that depression lasting owned by sovereign wealth funds, the is borrowed money, Mr. Chairman. I at least twice as long as it otherwise credit markets will turn on us very would move passage of the amendment. would have. quickly as they did in Greece, as they I reserve the balance of my time. I reserve the balance of my time. did in Argentina and in others nations. Mr. OLVER. Mr. Chairman, I rise in Mr. CULBERSON. Mr. Chairman, lis- Moody’s has even warned because of opposition to the amendment. tening to the way the Democrats ap- the excessive spending by this Presi- The CHAIR. The gentleman from proach this issue and every issue on dent and by this Congress, Moody’s has Massachusetts is recognized for 5 min- spending, I am reminded of Winston estimated we might, as a Nation, lose utes. Churchill’s comment that trying to tax our AAA bond rating by 2018, perhaps Mr. OLVER. Thank you, Mr. Chair- and spend yourself into prosperity is as early as 2013. Constitutional con- man. like a man trying to raise himself up servatives such as myself have been I rise in strong opposition to the while standing in a bucket. It is illogi- working hard to find ways to save amendment. Actually this is about the cal, it is disproven by history, that you money, to bring the spending levels worst kind of amendment that you can can raise taxes and expect the economy under control to avoid crushing our have, because it provides no indication to improve. It is illogical. It defies his- children under the load of debt, the of priorities whatsoever. It just cuts torical fact to say you’re going to take deficits. The burden that these levels of everything in the whole government an money away from one group of people debt and deficit will impose on our kids equal percentage amount and gives no and spend it somewhere else and in- will undoubtedly result in massive tax priority indication whatsoever. crease prosperity. increases, dramatic cuts in social pro- Let me tell you what this amend- This amendment is a modest 18 per- grams. And every chance we get, Mr. ment ends up doing. In the Department cent cut in a bill that has seen a 23 per- Chairman, on every bill, we want to try of Housing and Urban Development, cent increase in fiscal year ’10 in pro- to do what we can to save money. this amendment would mean a reduc- grams that got $62 billion additional tion of more than $3 billion for section funding through the stimulus, of which b 1550 8 tenant based vouchers. Simply, that $10 billion is still sitting there unspent. And so my amendment today would means that about 450,000 of this coun- How much is enough? I am still waiting cut the total spending level in this bill try’s lowest income citizens would no to meet the first Democrat that says, by 18 percent. Remember that this leg- longer be able to afford their monthly ‘‘That’s enough money. Don’t spend islation, the transportation appropria- rent. any more.’’ I’m still waiting. I’ve not tions bill, received a 23 percent in- In addition, the project based section met him yet. There is never enough crease in fiscal year 2010; that the 8 program would see about a $1.7 billion money. There is always some need out stimulus bill—which I voted against as reduction in it, resulting in hundreds there that needs to be filled, but no all borrowed money—the stimulus bill of thousands of Americans there unable better way to meet that need than to puts $62 billion into transportation. Of to afford a roof over their head. Home- increase prosperity by letting average that $62 billion, there’s still $10 billion lessness would be increased dramati- Americans keep more of their own unspent. I understand, Mr. Chairman, cally and more Americans would re- hard-earned money to invest and spend that the gentleman from Texas (Mr. quire assistance through HUD’s home- and save as they wish, to let business NEUGEBAUER) has got an amendment less program. Unfortunately, the homeowners hire people by giving them the later to take that $10 billion of unspent less program would itself be receiving a certainty that their taxes aren’t going transportation money from the stim- massive cut of nearly $400 million, to go up and they’re not going to be ulus bill and return that to the tax- making service at the current levels torn apart by trial lawyers and they’re payers to reduce the deficit. quite impossible, at the same time that not going to be buried by the cost of My amendment is offered today to we would be creating more homeless unions. cut $12 billion out of this transpor- people. We need as a Nation to lift up the tation bill. I would prefer to send it In the Department of Transportation, whole economy by spending less money back to subcommittee, Mr. Chairman, this amendment would eliminate more in Washington. We need to cut taxes and let Chairman OLVER and my distin- than $3 billion worth of funding from and cut spending. And if we can’t cut 18 guished ranking member have a chance the Federal Aviation Administration. percent here in a bill that’s got a 23 to decide where to cut it; but this is an That would just about assure a part- percent increase and got a 90 percent 18 percent across-the-board cut, an im- time air traffic control system which increase last year, where can we cut? portant step moving back towards a would put us in severe safety jeopardy. The CHAIR. The time of the gen- balanced budget. Add to that the more than $2 billion tleman has expired.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6353 Mr. OLVER. Mr. Chairman, the gen- An increase of $10 million for this Mr. OLVER. I rise to claim time in tleman has made some comments. He program would double the budget now opposition, though I do not oppose the is entitled to his opinions, but he can- and allow for an additional 12 to 20 mi- amendment. not create his own history. nority-serving institutions to meet ur- The CHAIR. Without objection, the He has said that history shows that gent community needs. I know these gentleman from Massachusetts is rec- you cannot raise taxes and have a funds are particularly needed at many ognized for 5 minutes. growing economy. That is completely of our Nation’s Historically Black Col- There was no objection. belied by President Clinton’s economic leges and Universities. This is an im- Mr. OLVER. I yield 1 minute to the program in the early nineties when portant investment for these schools. gentleman from Iowa (Mr. LATHAM) for taxes were raised, with Republicans— It builds a strong relationship between comments. the gentleman’s party—claiming that school and community to promote so- that would destroy the economy. And cial economic development initiatives. Mr. LATHAM. I thank the chairman yet the economy grew the fastest that It will create jobs and help revitalize for yielding. it has done. We created 20 million jobs struggling neighborhoods. Actually, I do oppose this. I agree during the rest of the Clinton adminis- Many of our urban HBCUs and other with the idea of putting more money tration. That compares with the puny minority-serving institutions are lo- into where you would like to have the number of jobs, about one-quarter of cated in areas that are blighted and money go. My concern is that this is that number, that were created during struggling economically. This program taking money out of reverse mortgages the time that Mr. Bush was in the creates a partnership between school for seniors, and while the President re- White House the same number of years. and community, raising standards and quested $250 million in his budget, it is With that, I just must point out that expectations of the next generation. funded at $150 million. This would take the gentleman is trying to re-create We want to create neighborhoods that another 10 out of that. The problem is and create his own history. are places people want to reside and that if there is increased demand, if We should defeat this amendment. feel a connection. more seniors want to have reverse I yield back the balance of my time. You often hear the phrase ‘‘univer- mortgages, then it simply cannot hap- The CHAIR. The question is on the sity town’’ associated with other insti- pen without the funding that’s there. amendment offered by the gentleman tutions. We want ‘‘university town’’ for So I would just oppose it, not because from Texas (Mr. CULBERSON). these colleges as well, areas where the of the purpose where you would like to The question was taken; and the university is the center of economic have the money go, but we’re taking Chair announced that the noes ap- and social life and people are proud to money away from seniors here who peared to have it. be part of it. We want neighborhoods may, in fact, want to have a reverse Mr. CULBERSON. Mr. Chairman, I where a college education is valued and mortgage on their home. demand a recorded vote. seen as a common practice. Mr. OLVER. Mr. Chairman, I would The CHAIR. Pursuant to clause 6 of The program has made an immense just say to my ranking member that I rule XVIII, further proceedings on the impact at Benedict College in Colum- had exactly the same reaction to this amendment offered by the gentleman bia, South Carolina. Located less than and was all prepared to get very ex- from Texas will be postponed. 10 minutes from the University of cited and oppose this one adamantly, South Carolina, Benedict College is an b 1600 but we were assured that a re-look at economically depressed neighborhood. the HECM situation and the needs AMENDMENT NO. 11 OFFERED BY MS. EDDIE With funding from this grant, Benedict there indicated that it could yield this BERNICE JOHNSON OF TEXAS College has created a partnership and $10 million offset. The CHAIR. It is now in order to con- has been able to build and renovate Mr. LATHAM. Will the gentleman sider amendment No. 11 printed in part homes, construct a community rec- yield? A of House Report 111–578. reational park, and build a business de- Ms. EDDIE BERNICE JOHNSON of velopment center. Mr. OLVER. I yield to the gen- Texas. Mr. Chairman, I have an amend- Similar success has been seen at Win- tleman. ment at the desk. ston Salem State University in North Mr. LATHAM. Well, when we start The CHAIR. The Clerk will designate Carolina where funds have been used getting phone calls, I’ll refer them to the amendment. for affordable housing development, your office. I appreciate the gentle- The text of the amendment is as fol- small business development, and neigh- man’s concern, and again, I think the lows: borhood cleanup. purpose has merit, where the money is Page 98, line 21, after the dollar amount, This grant creates partnerships that going, but I’m just concerned about the insert ‘‘(increased by $10,000,000)’’. enable students, faculty, and neighbor- limitation here. Thank you. Page 103, line 20, after the dollar amount, hood organizations to work together to Mr. OLVER. I thank the gentleman. insert ‘‘(increased by $10,000,000)’’. revitalize the economy, generate jobs, I yield back the balance of my time. Page 116, line 11, after the dollar amount, and rebuild healthy communities. insert ‘‘(reduced by $10,000,000)’’. The CHAIR. The question is on the Funding this program at an additional amendment offered by the gentle- The CHAIR. Pursuant to House Reso- $10 million would make an immense woman from Texas (Ms. EDDIE BERNICE lution 1569, the gentlewoman from difference for these schools and com- JOHNSON of Texas). Texas (Ms. EDDIE BERNICE JOHNSON) munities. The amendment was agreed to. and a Member opposed each will con- I have used the reverse mortgage trol 5 minutes. fund to offset this funding. This pro- Mr. OLVER. Mr. Chairman, I move The Chair recognizes the gentle- gram is not without controversy. Many that the Committee do now rise. woman from Texas. do not understand that proceeds re- The motion was agreed to. Ms. EDDIE BERNICE JOHNSON of ceived under a reverse mortgage may Accordingly, the Committee rose; Texas. Mr. Chairman, I rise today to impact Medicaid eligibility. At a time and the Speaker pro tempore (Mr. support additional funding for activi- when property values remain low, a re- SALAZAR) having assumed the chair, ties under section 107 of the Commu- verse mortgage may not be the best Mr. SNYDER, Chair of the Committee of nity Development Grant program at route for many individuals. The value the Whole House on the state of the HUD. Specifically, I would like to ask that one gets from a reverse mortgage Union, reported that that Committee, for these funds to be diverted for com- is based on the current appraised value having had under consideration the bill munity development grants for minor- of the property. I have chosen this off- (H.R. 5850) making appropriations for ity-serving institutions and Histori- set due to the current slump in the real the Departments of Transportation, cally Black Colleges and Universities. estate market. and Housing and Urban Development, This program assists minority-serving I thank the leadership for allowing and related agencies for the fiscal year institutions to expand their role and this amendment to be considered, and I ending September 30, 2011, and for effectiveness in addressing community would ask humbly for your support. other purposes, had come to no resolu- development needs in their localities. I yield back the balance of my time. tion thereon.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6354 CONGRESSIONAL RECORD — HOUSE July 29, 2010 MESSAGE FROM THE PRESIDENT Whereas 26 bills have been considered so Whereas the New York Times reported on far in the 111th Congress under a closed rule, June 19, 2010 that, ‘‘For all the focus on the A message in writing from the Presi- under Democrat control; historic federal rescue of the banking indus- dent of the United States was commu- Whereas this Congress is the highest try, it is the government’s decision to seize nicated to the House by Mr. Brian spending Congress in United States history; Fannie Mae and Freddie Mac in September Pate, one of his secretaries. Whereas this Congress has presided over 2008 that is likely to cost taxpayers the most f the two highest budget deficits in United money.... Republicans want to sever ties States history at a time when the public with Fannie and Freddie once the crisis NOTICE OF INTENTION TO OFFER debt is higher than at any other time in his- abates. The Obama administration and Con- RESOLUTION RAISING A QUES- tory; gressional Democrats have insisted on post- TION OF THE PRIVILEGES OF Whereas this Congress began its mortgage poning the argument until after the midterm THE HOUSE of the Nation’s future with a ‘‘stimulus’’ elections.’’; package costing $1.1 trillion that failed to Whereas the Washington Times reported Mr. PRICE of Georgia. Mr. Speaker, lower unemployment, spur economic growth, on June 22, 2010 that House Majority Leader pursuant to clause 2(a)(1) of rule IX, I or actually address the needs of struggling Steny Hoyer stated, ‘‘a budget, which sets hereby notify the House of my inten- American business and families; out binding one-year targets and a multiyear tion to offer a resolution as a question Whereas this Congress continued its free- plan, is useless this year because Congress flowing spending with an increase of $72.4 has shunted key questions about deficits to of the privileges of the House. the independent debt commission created by The form of my resolution is as fol- billion in nonemergency discretionary spending in fiscal year 2009 to reach a total spend- President Obama, which is due to report lows: ing level of $1.01 trillion for the first time in back at the end of this year.’’; RESOLUTION United States history; Whereas the Hill reported on June 24, 2010 Pledging not to assemble on or between Whereas this Congress approved a budget that Senator Tom Harkin, a Democrat from Iowa, suggested that Democrats ‘‘might at- the dates of November 2, 2010 and January 3, resolution in 2009 that proposed the six larg- tempt to move ‘card-check’ legislation this 2011, except in the case of an unforeseen, sud- est nominal deficits in American history and year, perhaps during a lame-duck ses- den emergency requiring immediate action included tax increases of $423 billion during a sion.... ‘A lot of things can happen in a from Congress. period of sustained high unemployment; lame-duck session, too,’ he said in reference Whereas the 111th Congress has failed in Whereas this Congress disregarded the to EFCA.’’; its promise to be the most open Congress in needs and opinions of everyday Americans by Whereas the New York Times published an history, but has instead lost the public’s passing a national energy tax bill that would article on June 28, 2010 titled ‘‘Lame-Duck trust by engaging in unprecedented political increase costs on nearly every aspect of Session Emerges as Possibility for Climate procedures to advance a partisan agenda; American lives by up to $3,000 per year, Bill Conference’’ that declares ‘‘many expect Whereas on January 18, 2006, House Minor- eliminate millions of jobs, reduce workers’ the final energy or climate bill to be worked ity Leader Nancy Pelosi stated in prepared income, and devastate economic growth; out during the lame-duck session between remarks, ‘‘Democrats are leading the effort Whereas this Congress disregarded the the November election and the start of the to turn the most closed, corrupt Congress in needs and opinions of everyday Americans by new Congress in January.’’; history into the most open and honest Con- passing a massive Government takeover of Whereas the Hill reported on July 1, 2010 gress in history.’’; health care that will force millions of Ameri- that ‘‘Democratic leaders are likely to punt Whereas on November 7, 2006, House Minor- cans from their health insurance plans, in- the task of renewing Bush-era tax cuts until ity Leader Nancy Pelosi stated, ‘‘The Amer- crease premiums and costs for individuals after the election. Voters in November’s mid- ican people voted to restore integrity and and employers, raise taxes by $569.2 billion, terms will thus be left without a clear idea honesty in Washington, D.C., and the Demo- and fund abortions—at a cost of $2.64 trillion of their future tax rates when they go to the crats intend to lead the most honest, most over the first ten years of full implementa- polls.’’; open, and most ethical Congress in history.’’; tion; Whereas the Wall Street Journal reported Whereas on November 16, 2006, incoming Whereas this Congress nationalized the on July 13, 2010 that, ‘‘there have been signs House Speaker Nancy Pelosi stated, ‘‘This student loan industry with a potential cost in recent weeks that party leaders are plan- leadership team will create the most honest, of 30,000 private sector jobs and $50.1 billion ning an ambitious, lame-duck session to most open, and most ethical Congress in his- over ten years; muscle through bills in December they don’t tory.’’; Whereas this Congress passed the DIS- want to defend before November. Retiring or Whereas on December 6, 2006, incoming CLOSE Act in violation of the first amend- defeated members of Congress would then be House Speaker Nancy Pelosi stated, ‘‘We ment, hindering citizens associations’ and able to vote for sweeping legislation without promised the American people that we would corporations’ free speech while leaving all any fear of voter retaliation.’’; have the most honest and open Government unions exempt from many of the new re- Whereas the Hill reported on July 27, 2010 and we will.’’; quirements, in order to try and influence the that Senate Majority Leader Harry Reid Whereas incoming Majority Whip Clyburn outcome of 2010 elections; said, at the recent Netroots Nation con- stated on December 8, 2006 that, ‘‘Democrats Whereas in spite of House Budget Com- ference of liberal bloggers, in reference to will exercise better leadership in the new mittee Chairman’s 2006 statement that ‘‘if Democrats’ unfinished priorities, ‘‘We’re Congress and work to raise the standard of you can’t budget, you can’t govern’’, the going to have to have a lame duck session, so ethics in this body’’; Democrat leadership has failed to introduce we’re not giving up.’’; Whereas Speaker Pelosi spoke of indi- a budget resolution in 2010 as mandated by Whereas the Hill reported in the same vidual Member’s ethics on January 31, 2007 law, but instead self-executed a ‘‘deeming piece on July 27, 2010 that the lame duck ses- when she stated, ‘‘These strong [ethics] rules resolution’’ that increases nonemergency sion will include priorities such as ‘‘com- are significant steps toward honest leader- discretionary spending in fiscal year 2011 by prehensive immigration reform, climate ship; enforcing these rules is critical to en- $30 billion to $1.121 trillion, setting another change legislation and a whole host of other issues’’; suring every Member of Congress lives up to new record for the highest level in United Whereas the Declaration of Independence the highest ethical standard’’; States history; notes that governments ‘‘[derive] their just Whereas on January 5, 2010, while at a Whereas this Congress has failed Main powers from the consent of the governed’’; press conference during the health care de- Street through passage of a financial system Whereas the American people have ex- bate, Speaker Pelosi stated, ‘‘There has takeover that fails to end the moral hazard pressed their loss of confidence through self- never been a more open process for any legis- of too-big-to-fail, does not address the organized and self-funded taxpayer marches lation’’; Fannie Mae and Freddie Mac behemoths, and on Washington, at countless ‘‘tea party’’ Whereas this statement was reiterated by creates numerous new boards, councils, and events, at town halls and speeches, and with the Speaker while at a press conference on positions with unconstitutionally broad au- numerous letters, emails, and phone calls to February 26, 2010, when a reporter prefaced a thorities that will interfere with the cre- their elected representatives; question about Rangel by noting that Speak- ation of wealth and jobs; Whereas a reconvening of Congress beer Pelosi had promised to run the ‘‘most eth- Whereas this Congress has wasted taxpayer tween the regularly scheduled Federal elec- ical and honest Congress in history’’ she in- funds on an unnecessary and unconstitu- tion in November and the start of the next terrupted him to say: ‘‘And we are.’’; tional auto industry bailout, a ‘‘cash for session of Congress is known as a ‘‘lame- Whereas more bills were considered under clunkers’’ program, a home remodification duck session of Congress’’; closed rules, 64 total, in the 110th Congress program (‘‘cash for caulkers’’), and countless Whereas the Democrat majority has all- under Democrat control, than in the pre- other pork barrel projects while allowing the but-announced plans to use any ‘‘lame-duck vious Congress, 49, under Republican control; public debt to reach its highest level in Congress’’ to advance currently unattain- Whereas fewer bills were considered under United States history; able, partisan policies that are widely un- open rules, 10 total, in the 110th Congress Whereas Democrats have recently insinu- popular with the American people or that under Democrat control, than in the pre- ated that significant legislative matters further increase the national debt against vious Congress, 22, under Republican control; would deliberately not be addressed during the will of most Americans; Whereas zero bills have been considered so the 111th Congress until after the midterm Whereas any such action would be a repu- far in the 111th Congress under an open rule; elections in November 2010; diation of the American people’s expressed

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6355 will and would not comport with the Demo- President publishes in the Federal Reg- Sec. 105. Allowance of new markets tax cred- crats’ public statements promising trans- ister and transmits to the Congress a it against alternative minimum parency and accountability; and notice stating that the emergency is to tax. Whereas under the leadership of Speaker Sec. 106. Extension of tax-exempt eligibility Pelosi and the Democrat majority, and continue in effect beyond the anniver- for loans guaranteed by Federal largely due to the current trends of Govern- sary date. In accordance with this pro- home loan banks. ment expansion and freedom retrenchment, vision, I have sent to the Federal Reg- Sec. 107. Extension of temporary small the American people have lost confidence ister for publication the enclosed no- issuer rules for allocation of with their elected officials, and that faith tice stating that the national emer- tax-exempt interest expense by must be restored: Now, therefore be it gency declared with respect to the ac- financial institutions. Resolved, That the House of Representa- tions of certain persons to undermine TITLE II—EMERGENCY FUND FOR JOB tives— the sovereignty of Lebanon or its CREATION AND ASSISTANCE (1) reaffirms the principle expressed in the Sec. 201. Extension of the Emergency Fund Declaration of Independence that govern- democratic processes and institutions is to continue in effect beyond August for Job Creation and Assist- ments ‘‘[derive] their just powers from the ance. consent of the governed’’; 1, 2010. (2) recognizes the fundamental importance While there have been some recent TITLE III—FOREIGN PROVISIONS of trust existing between the American peo- positive developments in the Syrian- Sec. 301. Rules to prevent splitting foreign ple and their elected officials; Lebanese relationship, continuing arms tax credits from the income to (3) confirms that adhering to the will of transfers to Hizballah that include in- which they relate. the people is imperative to upholding public Sec. 302. Denial of foreign tax credit with re- creasingly sophisticated weapons sys- spect to foreign income not trust; tems serve to undermine Lebanese sov- (4) states that the American people deserve subject to United States tax- to know where their current elected officials ereignty, contribute to political and ation by reason of covered asset stand on key legislative issues before Elec- economic instability in the region, and acquisitions. tion Day; continue to pose an unusual and ex- Sec. 303. Separate application of foreign tax (5) states that delaying controversial, un- traordinary threat to the national se- credit limitation, etc., to items popular votes until after the election gives curity and foreign policy of the United resourced under treaties. Sec. 304. Limitation on the amount of for- false impressions to voters and deliberately States. For these reasons, I have deter- hides the true intentions of the majority, eign taxes deemed paid with re- mined that it is necessary to continue spect to section 956 inclusions. while denying voters the ability to make the national emergency declared on fully informed choices on Election Day; and Sec. 305. Special rule with respect to certain (6) pledges not to assemble on or between August 1, 2007, to deal with that threat redemptions by foreign subsidi- the dates of November 2, 2010 and January 3, and the related measures adopted on aries. 2011, except in the case of an unforeseen, sud- that date to respond to the emergency. Sec. 306. Modification of affiliation rules for den emergency requiring immediate action BARACK OBAMA. purposes of rules allocating in- from Congress. THE WHITE HOUSE, JULY 29, 2010. terest expense. Sec. 307. Termination of special rules for in- b 1620 f terest and dividends received from persons meeting the 80- The SPEAKER pro tempore. Under INVESTING IN AMERICAN JOBS AND CLOSING TAX LOOPHOLES percent foreign business re- rule IX, a resolution offered from the quirements. floor by a Member other than the ma- ACT OF 2010 Sec. 308. Source rules for income on guaran- jority leader or the minority leader, as Mr. LEVIN. Mr. Speaker, pursuant to tees. a question of the privileges of the House Resolution 1568, I call up the bill Sec. 309. Limitation on extension of statute House, has immediate precedence only (H.R. 5893) to amend the Internal Rev- of limitations for failure to no- at a time designated by the Chair with- enue Code of 1986 to create jobs tify Secretary of certain foreign transfers. in 2 legislative days after the resolu- through increased investment in infra- tion is properly noticed. structure, to eliminate loopholes which TITLE IV—BUDGETARY PROVISIONS Pending that designation, the form of encourage companies to move oper- Sec. 401. Paygo compliance. the resolution noticed by the gen- ations offshore, and for other purposes, Sec. 402. Time for payment of corporate estimated taxes. tleman from Georgia will appear in the and ask for its immediate consider- TITLE I—INFRASTRUCTURE INCENTIVES RECORD at this point. ation. The Chair will not at this point de- The Clerk read the title of the bill. SEC. 101. EXTENSION OF BUILD AMERICA BONDS. termine whether the resolution con- The text of the bill is as follows: (a) IN GENERAL.—Subparagraph (B) of section 54AA(d)(1) is amended by striking ‘‘Jan- H.R. 5893 stitutes a question of privilege. That uary 1, 2011’’ and inserting ‘‘January 1, 2013’’. determination will be made at the time Be it enacted by the Senate and House of Rep- (b) EXTENSION OF PAYMENTS TO ISSUERS.— designated for consideration of the res- resentatives of the United States of America in (1) IN GENERAL.—Section 6431 is amended— olution. Congress assembled, (A) by striking ‘‘January 1, 2011’’ in sub- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 f section (a) and inserting ‘‘January 1, 2013’’; CODE; TABLE OF CONTENTS. and CONTINUATION OF NATIONAL (a) SHORT TITLE.—This Act may be cited as (B) by striking ‘‘January 1, 2011’’ in sub- EMERGENCY WITH RESPECT TO the ‘‘Investing in American Jobs and Closing section (f)(1)(B) and inserting ‘‘a particular ACTIONS OF CERTAIN PERSONS Tax Loopholes Act of 2010’’. date’’. (b) AMENDMENT OF 1986 CODE.—Except as TO UNDERMINE SOVEREIGNTY (2) CONFORMING AMENDMENTS.—Subsection otherwise expressly provided, whenever in (g) of section 54AA is amended— OF LEBANON OR ITS DEMO- this Act an amendment or repeal is ex- CRATIC PROCESSES AND INSTI- (A) by striking ‘‘January 1, 2011’’ and in- pressed in terms of an amendment to, or re- serting ‘‘January 1, 2013’’; and TUTIONS—MESSAGE FROM THE peal of, a section or other provision, the ref- (B) by striking ‘‘QUALIFIED BONDS ISSUED PRESIDENT OF THE UNITED erence shall be considered to be made to a BEFORE 2011’’ in the heading and inserting STATES (H. DOC. NO. 111–136) section or other provision of the Internal ‘‘CERTAIN QUALIFIED BONDS’’. Revenue Code of 1986. (c) REDUCTION IN PERCENTAGE OF PAYMENTS The SPEAKER pro tempore laid be- (c) TABLE OF CONTENTS.—The table of con- fore the House the following message TO ISSUERS.—Subsection (b) of section 6431 is tents for this Act is as follows: amended— from the President of the United Sec. 1. Short title; amendment of 1986 Code; (1) by striking ‘‘The Secretary’’ and insert- States; which was read and, together table of contents. ing the following: with the accompanying papers, referred TITLE I—INFRASTRUCTURE INCENTIVES ‘‘(1) IN GENERAL.—The Secretary’’; to the Committee on Foreign Affairs Sec. 101. Extension of Build America Bonds. (2) by striking ‘‘35 percent’’ and inserting and ordered to be printed: Sec. 102. Exempt-facility bonds for sewage ‘‘the applicable percentage’’; and To the Congress of the United States: and water supply facilities. (3) by adding at the end the following new Section 202(d) of the National Emer- Sec. 103. Extension of exemption from alter- paragraph: native minimum tax treatment ‘‘(2) APPLICABLE PERCENTAGE.—For pur- gencies Act (50 U.S.C. 1622(d)) provides for certain tax-exempt bonds. poses of this subsection, the term ‘applicable for the automatic termination of a na- Sec. 104. Extension and additional alloca- percentage’ means the percentage deter- tional emergency unless, prior to the tions of recovery zone bond au- mined in accordance with the following anniversary date of its declaration, the thority. table:

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‘‘In the case of a quali- (1) by striking ‘‘January 1, 2011’’ in sub- ‘‘(4) 2009 UNEMPLOYMENT NUMBER.—For pur- fied bond issued during The applicable per- clause (I) and inserting ‘‘January 1, 2012’’; poses of this subsection, the term ‘2009 un- calendar year: centage is: and employment number’ means, with respect to (2) by striking ‘‘AND 2010’’ in the heading any State, county or municipality, the num- 2009 or 2010 ...... 35 percent and inserting ‘‘, 2010, AND 2011’’. ber of individuals in such State, county, or 2011 ...... 32 percent (c) EFFECTIVE DATE.—The amendments municipality who were determined to be un- 2012 ...... 30 percent.’’. made by this section shall apply to obliga- employed by the Bureau of Labor Statistics tions issued after December 31, 2010. for December 2009. (d) CURRENT REFUNDINGS PERMITTED.—Sub- SEC. 104. EXTENSION AND ADDITIONAL ALLOCA- ‘‘(5) 2010 NATIONAL LIMITATIONS.— section (g) of section 54AA is amended by TIONS OF RECOVERY ZONE BOND ‘‘(A) RECOVERY ZONE ECONOMIC DEVELOP- adding at the end the following new para- AUTHORITY. MENT BONDS.—The 2010 national recovery graph: (a) EXTENSION OF RECOVERY ZONE BOND AU- zone economic development bond limitation ‘‘(3) TREATMENT OF CURRENT REFUNDING THORITY.—Section 1400U–2(b)(1) and section is $10,000,000,000. Any allocation of such limi- BONDS.— 1400U–3(b)(1)(B) are each amended by strik- tation under this subsection shall be treated ing ‘‘January 1, 2011’’ and inserting ‘‘January ‘‘(A) IN GENERAL.—For purposes of this sub- for purposes of section 1400U–2 in the same 1, 2012’’. section, the term ‘qualified bond’ includes manner as an allocation of national recovery (b) ADDITIONAL ALLOCATIONS OF RECOVERY any bond (or series of bonds) issued to refund zone economic development bond limitation. ZONE BOND AUTHORITY BASED ON UNEMPLOY- a qualified bond if— ‘‘(B) RECOVERY ZONE FACILITY BONDS.—The MENT.—Section 1400U–1 is amended by adding ‘‘(i) the average maturity date of the issue at the end the following new subsection: 2010 national recovery zone facility bond of which the refunding bond is a part is not ‘‘(c) ALLOCATION OF 2010 RECOVERY ZONE limitation is $15,000,000,000. Any allocation of later than the average maturity date of the BOND LIMITATIONS BASED ON UNEMPLOY- such limitation under this subsection shall bonds to be refunded by such issue, MENT.— be treated for purposes of section 1400U–3 in ‘‘(ii) the amount of the refunding bond does ‘‘(1) IN GENERAL.—The Secretary shall allo- the same manner as an allocation of national not exceed the outstanding amount of the re- cate the 2010 national recovery zone eco- recovery zone facility bond limitation.’’. funded bond, and nomic development bond limitation and the (c) AUTHORITY OF STATE TO WAIVE CERTAIN ‘‘(iii) the refunded bond is redeemed not 2010 national recovery zone facility bond 2009 ALLOCATIONS.—Subparagraph (A) of sec- later than 90 days after the date of the limitation among the States in the proportion 1400U–1(a)(3) is amended by adding at issuance of the refunding bond. tion that each such State’s 2009 unemploy- the end the following: ‘‘A county or munici- ‘‘(B) APPLICABLE PERCENTAGE.—In the case ment number bears to the aggregate of the pality shall be treated as having waived any of a refunding bond referred to in subpara- 2009 unemployment numbers for all of the portion of an allocation made under this sub- graph (A), the applicable percentage with re- States. paragraph which has not been allocated to a spect to such bond under section 6431(b) shall ‘‘(2) MINIMUM ALLOCATION.—The Secretary bond issued before May 1, 2011. Any alloca- be the lowest percentage specified in para- tion waived (or treated as waived) under this graph (2) of such section. shall adjust the allocations under paragraph (1) for each State to the extent necessary to subparagraph may be used or reallocated by ‘‘(C) DETERMINATION OF AVERAGE MATU- ensure that no State (prior to any reduction the State.’’. RITY.—For purposes of subparagraph (A)(i), SEC. 105. ALLOWANCE OF NEW MARKETS TAX average maturity shall be determined in ac- under paragraph (3)) receives less than 0.9 percent of the 2010 national recovery zone CREDIT AGAINST ALTERNATIVE MIN- cordance with section 147(b)(2)(A).’’. IMUM TAX. economic development bond limitation and (e) CLARIFICATION RELATED TO LEVEES AND (a) IN GENERAL.—Subparagraph (B) of sec- 0.9 percent of the 2010 national recovery zone FLOOD CONTROL PROJECTS.—Subparagraph tion 38(c)(4) is amended by redesignating facility bond limitation. (A) of section 54AA(g)(2) is amended by in- clauses (v) through (ix) as clauses (vi) ‘‘(3) ALLOCATIONS BY STATES.— serting ‘‘(including capital expenditures for through (x), respectively, and by inserting ‘‘(A) IN GENERAL.—Each State with respect levees and other flood control projects)’’ after clause (iv) the following new clause: to which an allocation is made under para- after ‘‘capital expenditures’’. ‘‘(v) the credit determined under section graph (1) shall reallocate such allocation SEC. 102. EXEMPT-FACILITY BONDS FOR SEWAGE 45D, but only with respect to credits deter- among the counties and large municipalities AND WATER SUPPLY FACILITIES. mined with respect to qualified equity in- (a) BONDS FOR WATER AND SEWAGE FACILI- (as defined in subsection (a)(3)(B)) in such vestments (as defined in section 45D(b)) ini- TIES EXEMPT FROM VOLUME CAP ON PRIVATE State in the proportion that each such coun- tially made before January 1, 2012,’’. ACTIVITY BONDS.— ty’s or municipality’s 2009 unemployment (b) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Paragraph (3) of section number bears to the aggregate of the 2009 un- made by this section shall apply to credits 146(g) is amended by inserting ‘‘(4), (5),’’ after employment numbers for all the counties determined with respect to qualified equity ‘‘(2),’’. and large municipalities (as so defined) in investments (as defined in section 45D(b) of (2) CONFORMING AMENDMENT.—Paragraphs such State. the Internal Revenue Code of 1986) initially (2) and (3)(B) of section 146(k) are both ‘‘(B) 2010 ALLOCATION REDUCED BY AMOUNT made after March 15, 2010. amended by striking ‘‘(4), (5), (6),’’ and in- OF PREVIOUS ALLOCATION.—Each State shall serting ‘‘(6)’’. SEC. 106. EXTENSION OF TAX-EXEMPT ELIGI- reduce (but not below zero)— BILITY FOR LOANS GUARANTEED BY (b) TAX-EXEMPT ISSUANCE BY INDIAN TRIBAL ‘‘(i) the amount of the 2010 national recov- FEDERAL HOME LOAN BANKS. GOVERNMENTS.— ery zone economic development bond limita- Clause (iv) of section 149(b)(3)(A) is amend- (1) IN GENERAL.—Subsection (c) of section tion allocated to each county or large mu- ed by striking ‘‘December 31, 2010’’ and in- 7871 is amended by adding at the end the fol- nicipality (as so defined) in such State by serting ‘‘December 31, 2011’’. lowing new paragraph: the amount of the national recovery zone SEC. 107. EXTENSION OF TEMPORARY SMALL ‘‘(4) EXCEPTION FOR BONDS FOR WATER AND economic development bond limitation allo- ISSUER RULES FOR ALLOCATION OF SEWAGE FACILITIES .—Paragraph (2) shall not cated to such county or large municipality TAX-EXEMPT INTEREST EXPENSE BY apply to an exempt facility bond 95 percent under subsection (a)(3)(A) (determined with- FINANCIAL INSTITUTIONS. or more of the net proceeds (as defined in out regard to any waiver thereof), and (a) IN GENERAL.—Clauses (i), (ii), and (iii) section 150(a)(3)) of which are to be used to ‘‘(ii) the amount of the 2010 national recov- of section 265(b)(3)(G) are each amended by provide facilities described in paragraph (4) ery zone facility bond limitation allocated to striking ‘‘or 2010’’ and inserting ‘‘, 2010, or or (5) of section 142(a).’’. each county or large municipality (as so de- 2011’’. (2) CONFORMING AMENDMENT.—Paragraph fined) in such State by the amount of the na- (b) CONFORMING AMENDMENT.—Subpara- (2) of section 7871(c) is amended by striking tional recovery zone facility bond limitation graph (G) of section 265(b)(3) is amended by ‘‘paragraph (3)’’ and inserting ‘‘paragraphs allocated to such county or large munici- striking ‘‘AND 2010’’ in the heading and insert- (3) and (4)’’. pality under subsection (a)(3)(A) (determined ing ‘‘, 2010, AND 2011’’. (c) EFFECTIVE DATE.—The amendments without regard to any waiver thereof). (c) EFFECTIVE DATE.—The amendments made by this section shall apply to obliga- ‘‘(C) WAIVER OF SUBALLOCATIONS.—A coun- made by this section shall apply to obligations issued after the date of the enactment ty or municipality may waive any portion of tions issued after December 31, 2010. of this Act. an allocation made under this paragraph. A TITLE II—EMERGENCY FUND FOR JOB SEC. 103. EXTENSION OF EXEMPTION FROM AL- TERNATIVE MINIMUM TAX TREAT- county or municipality shall be treated as CREATION AND ASSISTANCE MENT FOR CERTAIN TAX-EXEMPT having waived any portion of an allocation SEC. 201. EXTENSION OF THE EMERGENCY FUND BONDS. made under this paragraph which has not FOR JOB CREATION AND ASSIST- (a) IN GENERAL.—Clause (vi) of section been allocated to a bond issued before May 1, ANCE. 57(a)(5)(C) is amended— 2011. Any allocation waived (or treated as (a) IN GENERAL.—Section 403(c) of the So- (1) by striking ‘‘January 1, 2011’’ in sub- waived) under this subparagraph may be cial Security Act (42 U.S.C. 603(c)) is amend- clause (I) and inserting ‘‘January 1, 2012’’; used or reallocated by the State. ed— and ‘‘(D) SPECIAL RULE FOR A MUNICIPALITY IN A (1) in paragraph (1), by striking ‘‘Emer- (2) by striking ‘‘AND 2010’’ in the heading COUNTY.—In the case of any large munici- gency Contingency Fund for State Tem- and inserting ‘‘, 2010, AND 2011’’. pality any portion of which is in a county, porary Assistance for Needy Families Pro- (b) ADJUSTED CURRENT EARNINGS.—Clause such portion shall be treated as part of such grams’’ and inserting ‘‘Emergency Fund for (iv) of section 56(g)(4)(B) is amended— municipality and not part of such county. Job Creation and Assistance’’;

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(2) in paragraph (2)(A), by inserting ‘‘, and (c) PROGRAM GUIDANCE.—The Secretary of ‘‘(4) COVERED PERSON.—The term ‘covered for fiscal year 2011, such sums as may be nec- Health and Human Services shall issue pro- person’ means, with respect to any person essary to carry out this subsection’’ before gram guidance, without regard to the re- who pays or accrues a foreign income tax ‘‘for payment’’; quirements of section 553 of title 5, United (hereafter in this paragraph referred to as (3) by striking paragraph (2)(B) and insert- States Code, which ensures that the funds the ‘payor’)— ing the following: provided under the amendments made by ‘‘(A) any entity in which the payor holds, ‘‘(B) AVAILABILITY AND USE OF FUNDS.— this section to a jurisdiction for subsidized directly or indirectly, at least a 10 percent ‘‘(i) FISCAL YEARS 2009 AND 2010.—The employment do not support any subsidized ownership interest (determined by vote or amounts appropriated to the Emergency employment position the annual salary of value), Fund under subparagraph (A) for fiscal year which is greater than, at State option— ‘‘(B) any person which holds, directly or in- 2009 shall remain available through fiscal (1) 200 percent of the poverty line (within directly, at least a 10 percent ownership in- year 2010 and shall be used to make grants to the meaning of section 673(2) of the Omnibus terest (determined by vote or value) in the States in each of fiscal years 2009 and 2010 in Budget Reconciliation Act of 1981, including payor, accordance with paragraph (3), except that any revision required by such section 673(2)) ‘‘(C) any person which bears a relationship the amounts shall remain available through for a family of 4; or to the payor described in section 267(b) or fiscal year 2011 to make grants and payments (2) the median wage in the jurisdiction. 707(b), and to States in accordance with paragraph (3)(C) TITLE III—FOREIGN PROVISIONS ‘‘(D) any other person specified by the Sec- to cover expenditures to subsidize employ- retary for purposes of this paragraph. SEC. 301. RULES TO PREVENT SPLITTING FOR- ment positions held by individuals placed in ‘‘(5) SECTION 902 CORPORATION.—The term the positions before fiscal year 2011. EIGN TAX CREDITS FROM THE IN- COME TO WHICH THEY RELATE. ‘section 902 corporation’ means any foreign ‘‘(ii) FISCAL YEAR 2011.—Subject to clause (a) IN GENERAL.—Subpart A of part III of corporation with respect to which one or (iii), the amounts appropriated to the Emer- more domestic corporations meets the own- gency Fund under subparagraph (A) for fiscal subchapter N of chapter 1 is amended by adding at the end the following new section: ership requirements of subsection (a) or (b) year 2011 shall remain available through fis- of section 902. ‘‘SEC. 909. SUSPENSION OF TAXES AND CREDITS cal year 2012 and shall be used to make ‘‘(e) REGULATIONS.—The Secretary may grants to States based on expenditures in fis- UNTIL RELATED INCOME TAKEN INTO ACCOUNT. issue such regulations or other guidance as cal year 2011 for benefits and services pro- is necessary or appropriate to carry out the ‘‘(a) IN GENERAL.—If there is a foreign tax vided in fiscal year 2011 in accordance with purposes of this section, including regula- the requirements of paragraph (3). credit splitting event with respect to a foreign income tax paid or accrued by the tax- tions or other guidance which provides— ‘‘(iii) RESERVATION OF FUNDS.—Of the ‘‘(1) appropriate exceptions from the provi- amounts appropriated to the Emergency payer, such tax shall not be taken into account for purposes of this title before the sions of this section, and Fund under subparagraph (A) for fiscal year ‘‘(2) for the proper application of this sec- 2011, $500,000 shall be placed in reserve for taxable year in which the related income is taken into account under this chapter by the tion with respect to hybrid instruments.’’. use in fiscal year 2012, and shall be used to (b) CLERICAL AMENDMENT.—The table of taxpayer. award grants for any expenditures described sections for subpart A of part III of sub- ‘‘(b) SPECIAL RULES WITH RESPECT TO SEC- in this subsection incurred by States after chapter N of chapter 1 is amended by adding TION 902 CORPORATIONS.—If there is a foreign September 30, 2011.’’; at the end the following new item: (4) in paragraph (2)(C), by striking ‘‘2010’’ tax credit splitting event with respect to a foreign income tax paid or accrued by a sec- ‘‘Sec. 909. Suspension of taxes and credits and inserting ‘‘2012’’; until related income taken into (5) in paragraph (3)— tion 902 corporation, such tax shall not be taken into account— account.’’. (A) in clause (i) of each of subparagraphs FFECTIVE DATE.—The amendments ‘‘(1) for purposes of section 902 or 960, or (c) E (A), (B), and (C), by striking ‘‘year 2009 or made by this section shall apply to— ‘‘(2) for purposes of determining earnings 2010’’ and inserting ‘‘years 2009 through (1) foreign income taxes (as defined in sec- 2011’’; and and profits under section 964(a), before the taxable year in which the related tion 909(d) of the Internal Revenue Code of (B) in subparagraph (C), by adding at the 1986, as added by this section) paid or ac- end the following: income is taken into account under this chapter by such section 902 corporation or a crued after December 31, 2010; and ‘‘(iv) LIMITATION ON EXPENDITURES FOR SUB- (2) foreign income taxes (as so defined) SIDIZED EMPLOYMENT.—An expenditure for domestic corporation which meets the ownership requirements of subsection (a) or (b) paid or accrued by a section 902 corporation subsidized employment shall be taken into (as so defined) on or before such date (and account under clause (ii) only if the expendi- of section 902 with respect to such section 902 corporation. not deemed paid under section 902(a) or 960 of ture is used to subsidize employment for— such Code on or before such date), but only ‘‘(I) a member of a needy family (without ‘‘(c) SPECIAL RULES.—For purposes of this section— for purposes of applying sections 902 and 960 regard to whether the family is receiving as- with respect to periods after such date. ‘‘(1) APPLICATION TO PARTNERSHIPS, ETC.— sistance under the State program funded Section 909(b)(2) of the Internal Revenue In the case of a partnership, subsections (a) under this part); or Code of 1986, as added by this section, shall and (b) shall be applied at the partner level. ‘‘(II) an individual who has exhausted (or, not apply to foreign income taxes described Except as otherwise provided by the Sec- within 60 days, will exhaust) all rights to rein paragraph (2). ceive unemployment compensation under retary, a rule similar to the rule of the preceding sentence shall apply in the case of SEC. 302. DENIAL OF FOREIGN TAX CREDIT WITH Federal and State law, and who is a member RESPECT TO FOREIGN INCOME NOT of a needy family.’’; any S corporation or trust. SUBJECT TO UNITED STATES TAX- (6) by striking paragraph (5) and inserting ‘‘(2) TREATMENT OF FOREIGN TAXES AFTER ATION BY REASON OF COVERED the following: SUSPENSION.—In the case of any foreign in- ASSET ACQUISITIONS. ‘‘(5) LIMITATIONS ON PAYMENTS.— come tax not taken into account by reason (a) IN GENERAL.—Section 901 is amended by ‘‘(A) FISCAL YEARS 2009 AND 2010.—The total of subsection (a) or (b), except as otherwise redesignating subsection (m) as subsection amount payable to a single State under sub- provided by the Secretary, such tax shall be (n) and by inserting after subsection (l) the section (b) and this subsection for fiscal so taken into account in the taxable year re- following new subsection: years 2009 and 2010 combined shall not exceed ferred to in such subsection (other than for ‘‘(m) DENIAL OF FOREIGN TAX CREDIT WITH 50 percent of the annual State family assist- purposes of section 986(a)) as a foreign in- RESPECT TO FOREIGN INCOME NOT SUBJECT TO ance grant. come tax paid or accrued in such taxable UNITED STATES TAXATION BY REASON OF COV- ‘‘(B) FISCAL YEAR 2011.—The total amount year. ERED ASSET ACQUISITIONS.— payable to a single State under subsection ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(1) IN GENERAL.—In the case of a covered (b) and this subsection for fiscal year 2011 tion— asset acquisition, the disqualified portion of shall not exceed 30 percent of the annual ‘‘(1) FOREIGN TAX CREDIT SPLITTING any foreign income tax determined with re- State family assistance grant.’’; and EVENT.—There is a foreign tax credit split- spect to the income or gain attributable to (7) in paragraph (6), by inserting ‘‘or for ex- ting event with respect to a foreign income the relevant foreign assets— penditures described in paragraph (3)(C)(iv)’’ tax if the related income is (or will be) taken ‘‘(A) shall not be taken into account in de- before the period. into account under this chapter by a covered termining the credit allowed under sub- (b) CONFORMING AMENDMENTS.—Section person. section (a), and 2101 of division B of the American Recovery ‘‘(2) FOREIGN INCOME TAX.—The term ‘for- ‘‘(B) in the case of a foreign income tax and Reinvestment Act of 2009 (Public Law eign income tax’ means any income, war paid by a section 902 corporation (as defined 111–5) is amended— profits, or excess profits tax paid or accrued in section 909(d)(5)), shall not be taken into (1) in subsection (a)(2)— to any foreign country or to any possession account for purposes of section 902 or 960. (A) by striking ‘‘2010’’ and inserting ‘‘2011’’; of the United States. ‘‘(2) COVERED ASSET ACQUISITION.—For pur- and ‘‘(3) RELATED INCOME.—The term ‘related poses of this section, the term ‘covered asset (B) by striking all that follows ‘‘repealed’’ income’ means, with respect to any portion acquisition’ means— and inserting a period; and of any foreign income tax, the income (or, as ‘‘(A) a qualified stock purchase (as defined (2) in subsection (d)(1), by striking ‘‘2010’’ appropriate, earnings and profits) to which in section 338(d)(3)) to which section 338(a) and inserting ‘‘2011’’. such portion of foreign income tax relates. applies,

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‘‘(B) any transaction which— country or to any possession of the United ‘‘(1) IN GENERAL.—If there is included under ‘‘(i) is treated as an acquisition of assets States. section 951(a)(1)(B) in the gross income of a for purposes of this chapter, and ‘‘(6) TAXES ALLOWED AS A DEDUCTION, ETC.— domestic corporation any amount attrib- ‘‘(ii) is treated as the acquisition of stock Sections 275 and 78 shall not apply to any tax utable to the earnings and profits of a for- of a corporation (or is disregarded) for pur- which is not allowable as a credit under sub- eign corporation which is a member of a poses of the foreign income taxes of the rel- section (a) by reason of this subsection. qualified group (as defined in section 902(b)) evant jurisdiction, ‘‘(7) REGULATIONS.—The Secretary may with respect to the domestic corporation, ‘‘(C) any acquisition of an interest in a issue such regulations or other guidance as the amount of any foreign income taxes partnership which has an election in effect is necessary or appropriate to carry out the deemed to have been paid during the taxable under section 754, and purposes of this subsection, including to ex- year by such domestic corporation under sec- ‘‘(D) to the extent provided by the Sec- empt from the application of this subsection tion 902 by reason of subsection (a) with re- retary, any other similar transaction. certain covered asset acquisitions, and rel- spect to such inclusion in gross income shall ‘‘(3) DISQUALIFIED PORTION.—For purposes evant foreign assets with respect to which not exceed the amount of the foreign income of this section— the basis difference is de minimis.’’. taxes which would have been deemed to have ‘‘(A) IN GENERAL.—The term ‘disqualified (b) EFFECTIVE DATE.— been paid during the taxable year by such portion’ means, with respect to any covered (1) IN GENERAL.—Except as provided in domestic corporation if cash in an amount asset acquisition, for any taxable year, the paragraph (2), the amendments made by this equal to the amount of such inclusion in ratio (expressed as a percentage) of— section shall apply to covered asset acquisi- gross income were distributed as a series of ‘‘(i) the aggregate basis differences (but tions (as defined in section 901(m)(2) of the distributions (determined without regard to not below zero) allocable to such taxable Internal Revenue Code of 1986, as added by any foreign taxes which would be imposed on year under subparagraph (B) with respect to this section) after December 31, 2010. an actual distribution) through the chain of all relevant foreign assets, divided by (2) TRANSITION RULE.—The amendments ownership which begins with such foreign ‘‘(ii) the income on which the foreign in- made by this section shall not apply to any corporation and ends with such domestic come tax referred to in paragraph (1) is de- covered asset acquisition (as so defined) with corporation. respect to which the transferor and the termined (or, if the taxpayer fails to sub- ‘‘(2) AUTHORITY TO PREVENT ABUSE.—The stantiate such income to the satisfaction of transferee are not related if such acquisition Secretary shall issue such regulations or the Secretary, such income shall be deter- is— other guidance as is necessary or appropriate mined by dividing the amount of such for- (A) made pursuant to a written agreement to carry out the purposes of this subsection, eign income tax by the highest marginal tax which was binding on May 20, 2010, and at all including regulations or other guidance times thereafter, rate applicable to such income in the rel- which prevent the inappropriate use of the (B) described in a ruling request submitted evant jurisdiction). foreign corporation’s foreign income taxes to the Internal Revenue Service on or before ‘‘(B) ALLOCATION OF BASIS DIFFERENCE.— not deemed paid by reason of paragraph (1).’’. such date; or For purposes of subparagraph (A)(i)— (b) EFFECTIVE DATE.—The amendment ‘‘(i) IN GENERAL.—The basis difference with (C) described on or before such date in a made by this section shall apply to acquisi- respect to any relevant foreign asset shall be public announcement or in a filing with the tions of United States property (as defined in allocated to taxable years using the applica- Securities and Exchange Commission. section 956(c) of the Internal Revenue Code ble cost recovery method under this chapter. (3) RELATED PERSONS.—For purposes of this of 1986) after December 31, 2010. subsection, a person shall be treated as re- ‘‘(ii) SPECIAL RULE FOR DISPOSITION OF AS- SEC. 305. SPECIAL RULE WITH RESPECT TO CER- SETS.—Except as otherwise provided by the lated to another person if the relationship TAIN REDEMPTIONS BY FOREIGN Secretary, in the case of the disposition of between such persons is described in section SUBSIDIARIES. any relevant foreign asset— 267 or 707(b) of the Internal Revenue Code of (a) IN GENERAL.—Paragraph (5) of section ‘‘(I) the basis difference allocated to the 1986. 304(b) is amended by redesignating subpara- taxable year which includes the date of such SEC. 303. SEPARATE APPLICATION OF FOREIGN graph (B) as subparagraph (C) and by insert- disposition shall be the excess of the basis TAX CREDIT LIMITATION, ETC., TO ing after subparagraph (A) the following new difference with respect to such asset over the ITEMS RESOURCED UNDER TREA- subparagraph: TIES. aggregate basis difference with respect to ‘‘(B) SPECIAL RULE IN CASE OF FOREIGN AC- such asset which has been allocated under (a) IN GENERAL.—Subsection (d) of section 904 is amended by redesignating paragraph QUIRING CORPORATION.—In the case of any ac- clause (i) to all prior taxable years, and quisition to which subsection (a) applies in ‘‘(II) no basis difference with respect to (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: which the acquiring corporation is a foreign such asset shall be allocated under clause (i) corporation, no earnings and profits shall be to any taxable year thereafter. ‘‘(6) SEPARATE APPLICATION TO ITEMS RESOURCED UNDER TREATIES.— taken into account under paragraph (2)(A) ‘‘(C) BASIS DIFFERENCE.— ‘‘(A) IN GENERAL.—If— (and subparagraph (A) shall not apply) if ‘‘(i) IN GENERAL.—The term ‘basis dif- more than 50 percent of the dividends arising ference’ means, with respect to any relevant ‘‘(i) without regard to any treaty obligation of the United States, any item of in- from such acquisition (determined without foreign asset, the excess of— regard to this subparagraph) would neither— ‘‘(I) the adjusted basis of such asset imme- come would be treated as derived from sources within the United States, ‘‘(i) be subject to tax under this chapter for diately after the covered asset acquisition, the taxable year in which the dividends over ‘‘(ii) under a treaty obligation of the United States, such item would be treated as arise, nor ‘‘(II) the adjusted basis of such asset imme- ‘‘(ii) be includible in the earnings and prof- diately before the covered asset acquisition. arising from sources outside the United States, and its of a controlled foreign corporation (as de- ‘‘(ii) BUILT-IN LOSS ASSETS.—In the case of fined in section 957 and without regard to a relevant foreign asset with respect to ‘‘(iii) the taxpayer chooses the benefits of such treaty obligation, section 953(c)).’’. which the amount described in clause (i)(II) subsections (a), (b), and (c) of this section (b) EFFECTIVE DATE.—The amendments exceeds the amount described in clause (i)(I), and sections 902, 907, and 960 shall be applied made by this section shall apply to acquisi- such excess shall be taken into account separately with respect to each such item. tions after December 31, 2010. under this subsection as a basis difference of ‘‘(B) COORDINATION WITH OTHER PROVI- SEC. 306. MODIFICATION OF AFFILIATION RULES a negative amount. SIONS.—This paragraph shall not apply to FOR PURPOSES OF RULES ALLO- ‘‘(iii) SPECIAL RULE FOR SECTION 338 ELEC- any item of income to which subsection CATING INTEREST EXPENSE. TIONS.—In the case of a covered asset acqui- (a) IN GENERAL.—Subparagraph (A) of sec- (h)(10) or section 865(h) applies. sition described in paragraph (2)(A), the cov- tion 864(e)(5) is amended by adding at the end ‘‘(C) REGULATIONS.—The Secretary may ered asset acquisition shall be treated for the following: ‘‘Notwithstanding the pre- issue such regulations or other guidance as purposes of this subparagraph as occurring ceding sentence, a foreign corporation shall is necessary or appropriate to carry out the at the close of the acquisition date (as de- be treated as a member of the affiliated purposes of this paragraph, including regula- fined in section 338(h)(2)). group if— tions or other guidance which provides that ‘‘(4) RELEVANT FOREIGN ASSETS.—For pur- ‘‘(i) more than 50 percent of the gross in- related items of income may be aggregated poses of this section, the term ‘relevant for- come of such foreign corporation for the tax- for purposes of this paragraph.’’. eign asset’ means, with respect to any cov- (b) EFFECTIVE DATE.—The amendments able year is effectively connected with the ered asset acquisition, any asset (including made by this section shall apply to taxable conduct of a trade or business within the any goodwill, going concern value, or other years beginning after the date of the enact- United States, and intangible) with respect to such acquisition ment of this Act. ‘‘(ii) at least 80 percent of either the vote if income, deduction, gain, or loss attrib- SEC. 304. LIMITATION ON THE AMOUNT OF FOR- or value of all outstanding stock of such for- utable to such asset is taken into account in EIGN TAXES DEEMED PAID WITH RE- eign corporation is owned directly or indi- determining the foreign income tax referred SPECT TO SECTION 956 INCLUSIONS. rectly by members of the affiliated group to in paragraph (1). (a) IN GENERAL.—Section 960 is amended by (determined with regard to this sentence).’’. ‘‘(5) FOREIGN INCOME TAX.—For purposes of adding at the end the following new sub- (b) EFFECTIVE DATE.—The amendment this section, the term ‘foreign income tax’ section: made by this section shall apply to taxable means any income, war profits, or excess ‘‘(c) LIMITATION WITH RESPECT TO SECTION years beginning after the date of the enact- profits tax paid or accrued to any foreign 956 INCLUSIONS.— ment of this Act.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6359 SEC. 307. TERMINATION OF SPECIAL RULES FOR paragraph (B) of section 861(c)(1) (as in effect the term of such obligation) shall be treated INTEREST AND DIVIDENDS RE- before the date of the enactment of this sub- as a new issue. CEIVED FROM PERSONS MEETING section)) for the portion of the testing period SEC. 308. SOURCE RULES FOR INCOME ON GUAR- THE 80-PERCENT FOREIGN BUSI- that includes taxable years beginning before ANTEES. NESS REQUIREMENTS. January 1, 2011, and (a) IN GENERAL.—Paragraph (1) of section (a) AMOUNTS SOURCED WITHIN THE UNITED ‘‘(bb) the percentage of the corporation’s 861(a) is amended by striking subparagraph STATES.—Subsection (a) of section 861 is gross income from all sources that is active (A) and by redesignating subparagraphs (B) amended by adding at the end the following foreign business income (as defined in clause and (C) as subparagraphs (A) and (B), respec- new paragraph: (ii) of this subparagraph) for the portion of tively. ‘‘(9) GUARANTEES.—Amounts received, di- the testing period, if any, that includes tax- (b) GRANDFATHER RULE WITH RESPECT TO rectly or indirectly, from— able years beginning on or after January 1, WITHHOLDING ON INTEREST AND DIVIDENDS RE- ‘‘(A) a noncorporate resident or domestic 2011, CEIVED FROM PERSONS MEETING THE 80-PER- corporation for the provision of a guarantee is at least 80 percent, and CENT FOREIGN BUSINESS REQUIREMENTS.— of any indebtedness of such resident or cor- ‘‘(II) the active foreign business percentage (1) IN GENERAL.—Subparagraph (B) of sec- poration, or for such taxable year shall equal the weight- tion 871(i)(2) is amended to read as follows: ‘‘(B) any foreign person for the provision of ed average percentage determined under sub- ‘‘(B) The active foreign business percent- a guarantee of any indebtedness of such per- clause (I). age of— son, if such amount is connected with in- ‘‘(2) ACTIVE FOREIGN BUSINESS PERCENT- ‘‘(i) any dividend paid by an existing 80/20 come which is effectively connected (or AGE.—Except as provided in paragraph company, and treated as effectively connected) with the (1)(B)(iv), the term ‘active foreign business conduct of a trade or business in the United ‘‘(ii) any interest paid by an existing 80/20 percentage’ means, with respect to any exist- company.’’. States.’’. ing 80/20 company, the percentage which— (b) AMOUNTS SOURCED WITHOUT THE UNITED (2) DEFINITIONS AND SPECIAL RULES.—Sec- ‘‘(A) the active foreign business income of tion 871 is amended by redesignating sub- STATES.—Subsection (a) of section 862 is such company for the testing period, is of amended by striking ‘‘and’’ at the end of sections (l) and (m) as subsections (m) and ‘‘(B) the gross income of such company for (n), respectively, and by inserting after subparagraph (7), by striking the period at the the testing period from all sources. end of paragraph (8) and inserting ‘‘; and’’, section (k) the following new subsection: ‘‘(3) AGGREGATION RULES.—For purposes of ‘‘(l) RULES RELATING TO EXISTING 80/20 COM- and by adding at the end the following new applying paragraph (1) (other than subpara- paragraph: PANIES.—For purposes of this subsection and graphs (A)(i) and (B)(iv) thereof) and para- ‘‘(9) amounts received, directly or indi- subsection (i)(2)(B)— graph (2)— ‘‘(1) EXISTING 80/20 COMPANY.— rectly, from a foreign person for the provi- ‘‘(A) IN GENERAL.—The corporation referred sion of a guarantee of indebtedness of such ‘‘(A) IN GENERAL.—The term ‘existing 80/20 to in paragraph (1)(A) and all of such cor- person other than amounts which are derived company’ means any corporation if— poration’s subsidiaries shall be treated as from sources within the United States as ‘‘(i) such corporation met the 80-percent one corporation. provided in section 861(a)(9).’’. foreign business requirements of section ‘‘(B) SUBSIDIARIES.—For purposes of sub- (c) CONFORMING AMENDMENT.—Clause (ii) of 861(c)(1) (as in effect before the date of the paragraph (A), the term ‘subsidiary’ means section 864(c)(4)(B) is amended by striking enactment of this subsection) for such cor- any corporation in which the corporation re- ‘‘dividends or interest’’ and inserting ‘‘divi- poration’s last taxable year beginning before ferred to in subparagraph (A) owns (directly dends, interest, or amounts received for the January 1, 2011, or indirectly) stock meeting the require- ‘‘(ii) such corporation meets the 80-percent ments of section 1504(a)(2) (determined by provision of guarantees of indebtedness’’. FFECTIVE DATE.—The amendments foreign business requirements of subpara- substituting ‘50 percent’ for ‘80 percent’ each (d) E graph (B) with respect to each taxable year place it appears and without regard to sec- made by this section shall apply to guaran- after the taxable year referred to in clause tion 1504(b)(3)). tees issued after the date of the enactment of this Act. (i), and ‘‘(4) REGULATIONS.—The Secretary may ‘‘(iii) there has not been an addition of a issue such regulations or other guidance as SEC. 309. LIMITATION ON EXTENSION OF STAT- substantial line of business with respect to is necessary or appropriate to carry out the UTE OF LIMITATIONS FOR FAILURE such corporation after the date of the enact- TO NOTIFY SECRETARY OF CERTAIN purposes of this section, including regula- FOREIGN TRANSFERS. ment of this subsection. tions or other guidance which provide for the (a) IN GENERAL.—Paragraph (8) of section ‘‘(B) FOREIGN BUSINESS REQUIREMENTS.— proper application of the aggregation rules 6501(c) is amended— ‘‘(i) IN GENERAL.—Except as provided in described in paragraph (3).’’. (1) by striking ‘‘In the case of any informa- clause (iv), a corporation meets the 80-per- (c) CONFORMING AMENDMENTS.— cent foreign business requirements of this (1) Section 861 is amended by striking sub- tion’’ and inserting the following: N GENERAL.—In the case of any infor- subparagraph if it is shown to the satisfac- section (c) and by redesignating subsections ‘‘(A) I mation’’; and tion of the Secretary that at least 80 percent (d), (e), and (f) as subsections (c), (d), and (e), (2) by adding at the end the following: of the gross income from all sources of such respectively. ‘‘(B) APPLICATION TO FAILURES DUE TO REA- corporation for the testing period is active (2) Paragraph (9) of section 904(h) is amend- SONABLE CAUSE.—If the failure to furnish the foreign business income. ed to read as follows: information referred to in subparagraph (A) ‘‘(ii) ACTIVE FOREIGN BUSINESS INCOME.— ‘‘(9) TREATMENT OF CERTAIN DOMESTIC COR- is due to reasonable cause and not willful ne- For purposes of clause (i), the term ‘active PORATIONS.—In the case of any dividend foreign business income’ means gross income treated as not from sources within the glect, subparagraph (A) shall apply only to which— United States under section 861(a)(2)(A), the the item or items related to such failure.’’. (b) EFFECTIVE DATE.—The amendments ‘‘(I) is derived from sources outside the corporation paying such dividend shall be made by this section shall take effect as if United States (as determined under this sub- treated for purposes of this subsection as a included in section 513 of the Hiring Incen- chapter), and United States-owned foreign corporation.’’. tives to Restore Employment Act. ‘‘(II) is attributable to the active conduct (3) Subsection (c) of section 2104 is amend- of a trade or business in a foreign country or ed in the last sentence by striking ‘‘or to a TITLE IV—BUDGETARY PROVISIONS possession of the United States. debt obligation of a domestic corporation’’ SEC. 401. PAYGO COMPLIANCE. ‘‘(iii) TESTING PERIOD.—For purposes of and all that follows and inserting a period. The budgetary effects of this Act, for the this subsection, the term ‘testing period’ (d) EFFECTIVE DATE.— purpose of complying with the Statutory means the 3-year period ending with the (1) IN GENERAL.—Except as provided in Pay-As-You-Go-Act of 2010, shall be deter- close of the taxable year of the corporation paragraph (2), the amendments made by this mined by reference to the latest statement preceding the payment (or such part of such section shall apply to taxable years begin- titled ‘‘Budgetary Effects of PAYGO Legisla- period as may be applicable). If the corpora- ning after December 31, 2010. tion’’ for this Act, submitted for printing in tion has no gross income for such 3-year pe- (2) GRANDFATHER RULE FOR OUTSTANDING the Congressional Record by the Chairman of riod (or part thereof), the testing period DEBT OBLIGATIONS.— the House Budget Committee, provided that shall be the taxable year in which the pay- (A) IN GENERAL.—The amendments made such statement has been submitted prior to ment is made. by this section shall not apply to payments the vote on passage. ‘‘(iv) TRANSITION RULE.—In the case of a of interest on obligations issued before the SEC. 402. TIME FOR PAYMENT OF CORPORATE ES- taxable year for which the testing period in- date of the enactment of this Act. TIMATED TAXES. cludes 1 or more taxable years beginning be- (B) EXCEPTION FOR RELATED PARTY DEBT.— The percentage under paragraph (2) of sec- fore January 1, 2011— Subparagraph (A) shall not apply to any in- tion 561 of the Hiring Incentives to Restore ‘‘(I) a corporation meets the 80-percent for- terest which is payable to a related person Employment Act in effect on the date of the eign business requirements of this subpara- (determined under rules similar to the rules enactment of this Act is increased by 3 per- graph if and only if the weighted average of section 954(d)(3)). centage points. of— (C) SIGNIFICANT MODIFICATIONS TREATED AS ‘‘(aa) the percentage of the corporation’s NEW ISSUES.—For purposes of subparagraph The SPEAKER pro tempore. Pursu- gross income from all sources that is active (A), a significant modification of the terms ant to House Resolution 1568, the bill is foreign business income (as defined in sub- of any obligation (including any extension of considered as read.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6360 CONGRESSIONAL RECORD — HOUSE July 29, 2010 The gentleman from Michigan (Mr. was coming. This is coming because of That’s right. This bill raises taxes on LEVIN) and the gentleman from Michi- the urgency of job creation. employers during a recession, making gan (Mr. CAMP) each will control 30 The SPEAKER pro tempore. The it tougher for Americans to find needed minutes. time of the gentleman has expired. work. You cannot expect to increase The Chair recognizes the gentleman Mr. LEVIN. Mr. Speaker, I yield my- jobs in this country when you are in- from Michigan (Mr. LEVIN). self an additional 15 seconds. creasing taxes. It just doesn’t work. GENERAL LEAVE It’s urgent. So this Invest in Amer- That is exactly what the majority is Mr. LEVIN. Mr. Speaker, I ask that ican Jobs Act of 2010 will create the proposing to do in this bill. all Members have 5 legislative days to jobs we need to keep moving America Now, this bill does closely resemble a revise and extend their remarks and in- forward. To vote ‘‘no’’ is to vote Amer- bill the majority has already pushed sert extraneous material into the ica moving backwards. through the House once before, H.R. RECORD. Mr. Speaker, I and Ways and Means Com- 4849, the so-called Small Business and The SPEAKER pro tempore. Is there mittee Ranking Member CAMP have asked the Infrastructure Jobs Tax Act of 2010. At objection to the request of the gen- nonpartisan Joint Committee on Taxation to the time, I said the bill was more about tleman from Michigan? make available to the public a technical expla- small governments than it was about There was no objection. nation of H.R. 5893, the ‘‘Investing in Amer- small businesses since most of the bill Mr. LEVIN. Mr. Speaker, I yield my- ican Jobs and Closing Tax Loopholes Act of was about getting aid to State and self 3 minutes. 2010’’. This technical explanation provides in- local governments instead of helping This is a bill to stimulate jobs here, formation on the Committee’s understanding small businesses. not over there, to create American jobs and legislative intent behind the legislation. It Like H.R. 4849, the vast majority of and close tax loopholes that encourage is available on the Joint Committee’s website spending in the bill today—a whopping companies to ship overseas. There is no at www.jct.gov and is listed under document $25.6 billion over 11 years—goes to excuse to vote ‘‘no.’’ number JCX–39–10. State and local governments through It is noteworthy that we are on pace Mr. Speaker, I reserve the balance of various infrastructure incentives. to gain more private-sector jobs in the my time. These include a substantial increase in first 8 months of 2010 than were added Mr. CAMP. Mr. Speaker, I yield my- spending on the Build America Bonds in the full 8 years of the Bush Presi- self such time as I may consume. program, a heavily subsidized spending dency. There has been private-sector (Mr. CAMP asked and was given per- program providing direct payments to job growth every month of 2010, but mission to revise and extend his re- State and local governments that issue there is still a lot of work to do. There marks.) these bonds. are five unemployed workers for every Mr. CAMP. It has been nearly 11⁄2 Small governments are not small new job opening. years since the President signed the $1 businesses, and they do not create the This bill highlights infrastructure de- trillion stimulus bill into law, and now kind of private sector jobs we need. Un- velopment and private-sector jobs. The the majority has come up with a new like H.R. 4849, however, the Democrats Build America Bonds (BABs) are the ‘‘Make It in America’’ agenda, which didn’t even bother to provide token tax cornerstone of this bill’s infrastructure begs the question, if the stimulus was relief for small business in this bill. investments. such a success, why don’t we already In case you need more evidence that When the recession hit, local govern- make it in America? this bill isn’t about helping U.S. em- ments could not get credit. BABs The facts are that, after stimulus, ployers or about helping Americans helped fill this demand by accessing the unemployment rate continues to find jobs, just look at the extra $5 bil- corporate tax bonds and doing so very hover near 10 percent, well above the 8 lion in welfare spending in this bill. It successfully. As of March 1, BABs have percent we were promised. Instead of is so much money that the CBO, the financed more than $115 billion in local creating or saving 3.7 million jobs, over nonpartisan Congressional Budget Of- infrastructure programs, private-sector 2.6 million private-sector jobs have fice, says the States won’t even be able jobs. been lost, including over 707,000 manu- to spend all of it. Democrats claim this Also, we provide for an emergency facturing jobs, and nearly 100,000 in my spending is for jobs, but 75 percent of fund for job creation. By extending this home State of Michigan. Overall, 47 out these welfare emergency funds that program that soon expires for 1 year at of 50 States have lost jobs. were already given to States have been a cost of $3.5 billion, it will help States Now we used to make it in America. spent on more welfare checks, not on sustain low-income families and ex- And if Democrats would stop passing jobs. pand subsidized job programs that cre- bills that spend more money on State CHAMBER OF COMMERCE OF THE ate jobs for the unemployed. and local governments and instead UNITED STATES OF AMERICA, I want to emphasize, this program focus on small businesses, we might ac- Washington, DC, July 28, 2010. has led to the creation of 247,000 jobs, tually see the real sustained private- TO THE MEMBERS OF THE U.S. HOUSE OF and that is why it has broad support. sector job creation Americans need. REPRESENTATIVES: The U.S. Chamber of There is a letter from the National Commerce, the world’s largest business fed- Governors Association, from the Na- b 1630 eration representing the interests of more than three million businesses and organiza- tional Conference of State Legisla- In fact, I submit for the RECORD a letter here from the United States Cham- tions of every size, sector, and region, op- tures, and the National Association of poses H.R. 5893, the ‘‘Investing in American Counties. Kevin Hassett of the Amer- ber of Commerce, the world’s largest Jobs and Closing Tax Loopholes Act of 2010,’’ ican Enterprise Institute has said, ‘‘It business federation, representing more which would impose draconian tax increases is hard to imagine how any sensible than 3 million businesses. They oppose on American worldwide companies that person could oppose it.’’ this bill. Let me just read you what would hinder job creation, decrease the com- And we pay for it; we pay for it that letter says, what real job creators petitiveness of American businesses, and through closing a loophole. We have a think about this bill. deter economic growth. Foreign Tax Credit, the FTC, to help The Chamber says this bill ‘‘would This legislation contains numerous changes to longstanding U.S. international businesses avoid double taxation of for- impose draconian tax increases on tax law which are severely detrimental to eign-sourced income. Some corpora- American worldwide companies that American worldwide companies. For exam- tions have found ways to use that cred- would hinder job creation, decrease the ple: it to offset other income while leaving competitiveness of American busi- Denial of foreign tax credit with respect to their foreign-sourced profits overseas nesses, and deter economic growth.’’ foreign income not subject to U.S. taxation sometimes permanently. As a result— I want to repeat that. by reason of covered asset acquisitions—This and I emphasize this—American tax- This bill ‘‘would impose draconian provision relates primarily to § 338, which al- tax increases on American worldwide lows taxpayers the ability to characterize payers are effectively subsidizing these stock acquisitions as asset acquisitions for companies’ overseas operations. companies that would hinder job cre- U.S. tax purposes. An acquisition can be con- These provisions have been before us ation, decrease the competitiveness of cluded as either a share acquisition or an before—no excuse that you haven’t American businesses, and deter eco- asset acquisition. Acquisitions by American seen them before—and you knew this nomic growth.’’ worldwide companies are good for the U.S.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6361 economy—they provide additional jobs and NATIONAL GOVERNORS ASSOCIATION, Bonds. This bill also extends the Emer- broaden the U.S. tax base. Section 338 recog- March 3, 2010. gency Fund for Job Creation and As- nizes the inherent challenges and obstacles Hon. NANCY PELOSI, sistance program that has successfully to asset acquisitions and, in effect, levels the Speaker of the House, House of Representatives, created 240,000 jobs. Under this pro- Washington, DC. playing field, allowing taxpayers the ability gram, employers receive subsidies to Hon. JOHN BOEHNER, to choose the tax implications of an acquisi- Minority Leader, House of Representatives, pay all or a portion of a new worker’s tion, regardless of the willingness of a seller Washington, DC. wages if they have an unemployed to agree to one form or the other of a par- Hon. HARRY REID, worker, a welfare recipient, or a low- ticular deal. Moreover, § 338 unquestionably Majority Leader, U.S. Senate, Washington, DC. income youth. Without an extension, serves to encourage acquisitions by Amer- Hon. MITCH MCCONNELL, this fund will end on September 30. ican worldwide companies by minimizing the Minority Leader, U.S. Senate, Washington, DC. The Emergency Fund has been competitive advantage that certain foreign DEAR MADAM SPEAKER, MR. BOEHNER, SEN- praised by Republican Governors, in- competitors enjoy due to the participation ATOR REID AND SENATOR MCCONNELL: on be- cluding Haley Barbour of Mississippi, exemption systems in which most are half of the nation’s governors, we are writing to urge your support in extending the Tem- the unlikely soul he is, who says it headquartered. This legislation would sig- porary Assistance for Needy Families Emer- should be extended. The same praise nificantly strip away the benefits of § 338 and gency Contingency Fund (TANF ECF). and request for an extension has come would likely serve to further impede any Enacted as part of the American Recovery from Republican legislators in States competitive advantages of American world- and Reinvestment Act, the TANF ECF is a $5 and local governments and from coun- wide companies in their bids for foreign tar- billion fund to help states provide greater ty leaders around the country. So you gets. support to children and families during the have to ask yourself why Republicans economic downturn. The fund reimburses Limitation on the use of § 956 for foreign in the House are not supporting this states for 80% of their increased expendi- tax credit planning (i.e., the ‘‘hopscotch’’ tures, and is set to expire on September 30th job creation that Republicans outside rule)—Section 956, a longstanding provision of this year. of Washington are pleading for us to of the Code, allows companies to repatriate As soon as the Department of Health and extend. cash to the United States in a tax-efficient Human Services finalized its rules for draw- Are congressional Republicans hope- manner. Foreign business acquisitions gen- ing down the fund and ensuring transparency lessly out of touch with the needs of erally result in a series of intermediate for- and accountability, states began utilizing ordinary Americans? eign holding companies which block the re- the fund to help speed economic recovery Well, maybe, but I fear the answer is patriation of earnings for a variety of rea- through subsidized employment and training that congressional Republicans want programs, and vital financial and supportive sons such as local statutory earnings deficits President Obama to fail at any cost, service offerings for needy families facing in- or other local restrictions on actual divi- even if it means that struggling Ameri- creased hardship. Currently, 23 states are dends. American worldwide companies have drawing down the fund for subsidized jobs, cans have to suffer as a result. had the ability to overcome such obstacles with several more state applications pending We saw this same strategy play out through the use of § 956. This provision was approval. Many of these programs take time over the last 2 months in the other particularly beneficial during the recent eco- to develop and implement, and by allowing body where Senate Republicans nomic downturn and ensuing credit crunch states more time to access these funds, Con- blocked an extension of unemployment when it was necessary for American world- gress can help maximize the impact of the benefits to workers who had lost their wide companies to repatriate significant TANF ECF in providing crucial skill devel- jobs through no fault of their own. funds in order to meet the financial needs of opment and training to our workers. Today, Republicans in this House are, We urge you to support extending the their U.S. businesses. The revenue raising es- once again, opposing an effort to pro- TANF ECF. This extension will allow us to timate for this provision seems to assume capitalize on the resources made available in vide jobs to those same unemployed that taxpayers would simply bear the addi- ARRA to best serve children and families, workers. tional cost of the provision. However, the and help rebuild our nation’s economy. Let’s not forget that every job cre- Chamber believes that most taxpayers, given Sincerely, ation provision in this bill is fully, the choice, would choose simply to not repa- GOVERNOR M. MICHAEL ROUNDS, fully paid for by eliminating tax breaks triate the earnings. Therefore, the legisla- Chair, Health and Human Services Committee. for shipping jobs overseas. So the bogus tion’s proposed change to § 956 would signifi- GOVERNOR CHESTER J. CULVER, talk we will hear about deficits and cantly reduce the repatriation of foreign Vice Chair, Health and Human Services deficit creation is simply that. It is Committee. earnings that otherwise might have been re- bogus. patriated to the United States. That is a I yield 3 minutes to a Member who No help. No jobs. No hope. That is poor option if Congress seeks to enact provi- has been so invaluable in developing what Republicans are offering the sions which stimulate economic growth and this legislation, the gentleman from American people. drive job creation. Washington (Mr. MCDERMOTT). Mr. CAMP. I yield myself such time (Mr. MCDERMOTT asked and was The Chamber strongly opposes H.R. 5893 as I may consume. given permission to revise and extend because this legislation would make signifi- Mr. Speaker, the liberal Center on his remarks.) cant changes to U.S. international tax law Budget and Policy Priorities said that Mr. MCDERMOTT. Mr. Speaker, I which would stifle job creation and stunt these welfare emergency fund jobs only rise today in support of the Investing economic growth. The Chamber may con- last as long as the funding does. Frank- in American Jobs and Closing Tax sider votes on, or in relation to, this issue in ly, nearly half of the ‘‘jobs’’ Democrats Loopholes Act of 2010 because it does our annual How They Voted scorecard. claim have been created are summer Sincerely, just that. It creates jobs and pays for jobs, which are either over or are about R. BRUCE JOSTEN, them by creating a fairer playing field to be. Let me just say that it is pretty Executive Vice President, Government Affairs. by closing down tax loopholes used by well-known here that Governors of multinational corporations. We have every political stripe are obviously I urge my colleagues to vote ‘‘no’’ on taken aggressive action to do what is looking to the Federal Government for increasing taxes on American employ- required of government—that is to cash, but the fact is we are broke. ers and on increasing taxes on Amer- work with the private sector and with At this time I yield 2 minutes to a ican jobs and to vote ‘‘no’’ on this leg- State and local governments to repair distinguished member of the Ways and islation. an economy left in tatters by the pre- Means Committee, the gentleman from I reserve the balance of my time. vious administration. California (Mr. HERGER). The goal of this jobs bill is simple. It Mr. HERGER. Mr. Speaker, I rise in Mr. LEVIN. Mr. Speaker, I submit for is to bring much needed support to strong opposition to this bill. It has the RECORD a letter of March 3, 2010, American families who desperately now been almost a year and a half from the National Governors Associa- need it. since the stimulus became law, and the tion, signed by a Republican Governor Today’s bill will extend job creation American people continue to ask: and by a Democratic Governor on be- measures that we know will work, Where are the jobs? half of the entire association. along with extending a number of high- The American people have made it ly successful bond programs, like Build very clear that they want Congress to America Bonds or Recovery Zone move in a new direction and focus on

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6362 CONGRESSIONAL RECORD — HOUSE July 29, 2010 creating stable, private sector jobs. Yet Invest in America Jobs Act. This bill what we really need to be doing is a this majority continues to offer up will directly contribute to private-pub- comprehensive approach to tax reform more of the same. lic partnerships that create American and not this piecemeal, ad hoc and mis- The bill before us does nothing to jobs. chievous tax reform in little bitty help small businesses. It actually Why don’t you be for something? pieces and bits that basically are raises taxes on the worldwide Amer- Come up with your own idea. wrecking our Tax Code. ican companies that have created mil- While this entire bill has seen many Now, I would submit that what we lions of American jobs. Instead, vir- critical job creating provisions, I’m really need to do is get back to some tually all of the money—some $30 bil- going to talk about just one part of the basics here. We need to lower the cor- lion in total—is directed to State and legislation, excluding water and sewer porate tax rate down to the average of local governments. bonds from State volume caps. what our major trade partners are There are a few provisions in this bill This year the American Society of looking at to really enhance U.S. com- that have merit and that might be Civil Engineers gave the Nation’s petitiveness. That’s going to help us worth considering in a different con- water and wastewater systems the create jobs and stop this assault on text, but the basic premise of this bill worst grade of any infrastructure cat- U.S. businesses that are trying to work is that we are going to take another $30 egory. They gave it a D minus. within the constraints of the U.S. Tax billion out of the private sector and use The SPEAKER pro tempore. The Code. it to finance more government spend- time of the gentleman has expired. The SPEAKER pro tempore. The ing. That is not the path to economic Mr. LEVIN. I yield 15 additional sec- time of the gentleman has expired. recovery. It is the path to Greece. onds to the gentleman. Mr. CAMP. I yield the gentleman an The American people are tired of this Mr. PASCRELL. As a former mayor, additional 30 seconds. Mr. BOUSTANY. These changes are same old tax-and-spend agenda. It is Mr. Speaker, I understand that a actually hurting the competitiveness time for Members of this House to strong water infrastructure is essential. Municipalities don’t have the of U.S. businesses. stand alongside the people we represent Again, we don’t need to do this kind money. This portion of the legislation and say, ‘‘No more.’’ of ad hoc, harmful tax reform. We need aims to repair our crumbling water in- Let’s vote down this bill and get to a comprehensive approach. The respon- frastructure, while leveraging private work on real private sector job cre- sible approach is what I think we prob- capital to create jobs. ation. ably all agree on, a comprehensive ap- Every dollar invested in public water Mr. LEVIN. I yield myself 15 seconds. proach that’s going to promote eco- and sewer infrastructure adds $8.97 to Mr. Speaker, the infrastructure goes nomic growth, promote American com- the national economy. It’s currently to States and to local governments for petitiveness and private sector job estimated there will be $2.5 trillion to private sector jobs—like the highway growth. bill. Small business: You voted against $4.8 trillion in water and waste sys- Mr. LEVIN. It is now my privilege to the small business bill. Summer jobs: tems. yield 2 valuable minutes to the gen- You voted against summer jobs. Now Mr. CAMP. I yield 2 minutes to the tleman from Oregon (Mr. gentleman from Louisiana (Mr. you say this created summer jobs. It is BLUMENAUER), an active member of our so hypocritical. BOUSTANY), a distinguished member of committee. I yield 2 minutes to the gentleman the Ways and Mean Committee. Mr. BLUMENAUER. I appreciate the from New Jersey (Mr. PASCRELL). Mr. BOUSTANY. Mr. Speaker, I chairman’s courtesy for these 2 valu- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE thank the ranking member of the full able minutes, and I want to use them The SPEAKER pro tempore. The committee for yielding time. to focus on three basic points. Chair will remind all Members to I rise in opposition to the bill. And First and foremost, it is true that the please direct their remarks to the while a few of the tax provisions in this administration advanced an economic Chair. bill may not be unobjectionable, let’s recovery package that we had hoped Mr. PASCRELL. I will make my be clear, this bill is a continuation of would be able to hold the unemploy- comments directly to the Chair, Mr. the same failed economic policy that ment rate lower than it ultimately Speaker. has given us an atmosphere of uncer- went. The Administration was guilty We have short memories here. Ten tainty for families and American busi- of, frankly, accommodating Republican years is a long time to remember, I will nesses with the unemployment rate wishes by pushing more in tax reduc- admit that, but it took the last admin- still hovering around 10 percent. tions that all the economists say do istration in 2001 and in 2002—the first 2 The bill raises taxes $31.8 billion over not create as many jobs as the infra- years of that administration—to fi- 11 years. Now, let’s look at how it structure investment. And of course nally get us into the plus on private raises taxes. I just want to look at one my Republican colleague conveniently jobs. of these tax increases here. What it ignored the fact that 95 percent of the does is it raises taxes in a weakened American public got tax cuts last year, b 1640 economy, but in a way that threatens and they will get tax cuts again this You don’t know what you’re talking American competitiveness. It threat- year. Ignored. about. Mr. Speaker, we have selective ens the competitiveness of U.S. busi- Look at the Bush administration job memory here. This legislation is about nesses that are trying to compete over- record over 8 years. The Obama admin- private jobs. seas with foreign-owned companies. istration, in less than 2 years, has al- They voted ‘‘no’’ on everything. They These are businesses that employ U.S. ready created more jobs than the Bush voted ‘‘no’’ on the stimulus. And yet workers in the private sector. It’s administration in its entire 8 years. the reports in the last 2 days indicate going to kill jobs. We have before us today specific pro- without that stimulus we would have This bill contains a series of inter- visions that are going to make a dif- been deep in, not only recession, but national tax changes that could have ference in everybody’s community. The depression. Not our economists on this far reaching consequences on the com- reference has been made to lifting the side of the aisle, our economists have petitiveness of U.S. businesses trying volume caps for water infrastructure, a concluded that. to compete overseas. These provisions program in every State in the Union There now have been six straight will kill jobs. It’s very clear. that will create jobs and have a multi- months of private sector job growth. Now, if we’re going to do this kind of plier effect on an ongoing basis. I’m not making these numbers up. It’s tax policy, these kinds of changes The adjustment in the new market the truth. should be done in a broader context as tax credit that will allow it to be offset Challenge them. I’ll wait 10 seconds. part of a comprehensive tax reform against the alternative minimum tax Now that I’ve waited 10 seconds, the bill. That’s the responsible way to do means that the leverage for the new data is clear. We all know that there is this. market tax credit, a very valuable more work to be done. No one’s saying And I know our Democratic col- mechanism to help create jobs in low- that this is a perfect place for us all to leagues on the Ways and Means Com- and moderate-income neighborhoods, is be. That is why I strongly support the mittee should understand that, that going to be magnified.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6363 Mr. Speaker, this is important busi- work. They are underserved by this Mr. CAMP. At this time I yield 2 ness. There is nothing here in terms of Congress, they are underserved by a minutes to the gentleman from Cali- the pay-fors that already hasn’t passed tax code that we are 7 months into that fornia (Mr. DANIEL E. LUNGREN). the House. There was an important ad- is completely ambiguous. Mr. DANIEL E. LUNGREN of Cali- justment to give the business commu- I have business leaders in my dis- fornia. I thank the gentleman for the nity more time to adjust so it is later trict, Mr. Speaker, who have said we’re time. in nature. not going to put money into this econ- Mr. Speaker, it’s interesting to listen The SPEAKER pro tempore. The omy, Congressman, because we don’t to this debate. It’s almost as if those time of the gentleman has expired. know what the ground rules are. We on the other side haven’t been home Mr. LEVIN. I yield the gentleman an don’t know what the ground rules are and haven’t seen what’s really occur- additional 15 seconds. that are in the tax code, we don’t know ring. The folks back home know that Mr. BLUMENAUER. This is where we what the ground rules are on all the when you are talking about the effects heard feedback, the chairman in the health care rules that are going to be of the stimulus package, it has created committee responded to make it easier promulgated. government jobs, but we have lost con- for businesses to accommodate the Mr. Speaker they say they don’t siderable jobs in the private sector. In change in the future, while still mak- know the ground rules on cap-and- fact, the overall employment numbers ing the basic objectives. trade, where the EPA is doing an end are down in terms of people even seek- I strongly urge our colleagues to lis- run around this Congress, and they cer- ing jobs by more than a million. And ten to the local communities, to local tainly don’t know the ground rules as that’s progress? government, to businesses that are in- it relates to a whole host of other If you really want to do something, volved with rebuilding and renewing issues that are pending before this Con- get rid of this whole bill and instead America, and approve this legislation. gress. pass a bill that gets rid of one of the Mr. CAMP. I yield myself 15 seconds. Uncertainty is as bad as bad news most destructive things we have with Look, 47 out of 50 States have lost comes. And what we’ve got to do is respect to small business. That is sec- jobs. If there was such great job cre- make sure we’re not throttling world- tion 9006 of the health care bill. It has ation because of the stimulus bill, why wide American companies. And this nothing to do with health care. It has bill will have an adverse impact dis- have we seen the unemployment rate everything to do with adding tremen- proportionately on American compa- continue to hover around 10 percent? dous new burdens of paperwork on nies, Mr. Speaker, American companies And, frankly, any minor reductions businesses. It requires anybody in- that are trying to compete in the in it are because people have stopped volved in a business or trade, any time worldwide marketplace. they purchase over $600 from any enti- looking for work. There are plenty of excuses to vote ty or individual, cumulative over a I yield 3 minutes to the gentleman ‘‘no.’’ There are plenty of excuses to year, they have to file a 1099. A 1099. from Illinois (Mr. ROSKAM), a distin- turn to certainty and not create an al- Not because you have any obligation to guished member of the Ways and batross on companies that we need to pay payroll tax, but because somehow Means Committee. make sure thrive, and are dynamic, we think everybody cheats. Because Mr. ROSKAM. I thank the gentleman and create jobs in our economy. We for yielding. should vote against this bill. somehow we want to have a paper trail Mr. Speaker, in his opening remarks, Mr. LEVIN. I yield 2 minutes to the for every purchase you make. the chairman said that there was no distinguished member of our com- It is the universal snitch act. We don’t trust fellow Americans. A gov- excuse to vote ‘‘no’’ on this bill. Well, mittee, Mr. DAVIS of Illinois. I want us to revisit that assertion be- Mr. DAVIS of Illinois. Mr. Speaker, ernment that doesn’t trust its citizens cause I think there might be. I think in the Illinois that I come from there is is a government that the citizens will the excuse might be when the job cre- no excuse to vote against this bill. Of not trust. What we ought to do is just ators themselves, Mr. Speaker, say critical importance to Chicago and Illi- get rid of this bill and instead elimi- that we need to be watchful and wary nois is the extension of key safety net nate 170 words out of the 340,000 words and oppose this. programs, including the TANF Emer- in the so-called health care bill. Talk When the job creators use words like, gency Fund. The TANF Emergency to your small business people. Ask this will jeopardize the jobs of Amer- Fund has provided significant relief to them what they think would help them ican manufacturing employees, we Illinois, especially for creating jobs increase the opportunity to provide have an excuse to vote ‘‘no.’’ Or when programs that benefit individuals and jobs. They will tell you this is number they say this will stifle our fragile small businesses. one on their list. We ought to bring it economy, we have an excuse to vote To date, Illinois has been approved to the floor immediately, and we ought ‘‘no’’ or that these tax increases are for $72.4 million in funds. With this to get rid of this nonsense where we Draconian, or it will hinder job cre- Federal support, the State has don’t trust fellow citizens. ation or decrease the competitiveness launched its subsidized employment Just to give you one example, one of American businesses, or deter eco- initiative called Put Illinois to Work, person who actually deals in the sale of nomic growth, or harm our worldwide and is anticipating placing 22,000 low- gold coins said that he will have to file American economic competitiveness, income parents and young people in between 10,000 and 20,000 1099s next all excuses to vote ‘‘no.’’ subsidized jobs. Passage of this bill will year. guarantee this much-needed assistance The SPEAKER pro tempore. The b 1650 to low-income working families time of the gentleman has expired. Mr. Speaker, the chairman of the through the end of the year. State and Mr. CAMP. I yield the gentleman an committee said that we had seen these local government will receive assist- additional 30 seconds. ideas before and there is no reason to ance for infrastructure through Build Mr. DANIEL E. LUNGREN of Cali- vote against them because we’ve seen America Bonds that will aid in sub- fornia. Every single business person them before. And that’s true. We’ve sidizing the rebuilding of schools, sew- you will talk to will tell you how in- seen them before. We’ve had hearing ers, hospitals, and transit projects. credibly stupid this is, number one. after hearing after hearing in the Ways Since the passage of the Recovery And number two, it will create a dis- and Means Committee on substantive Act, Illinois has received over $7 mil- incentive for people to go to small sideshows, comparatively, that don’t lion for these job creation efforts. In businesses. Because if you want to di- address the fundamental question of addition, critical transportation minish the number of 1099s you file, the difficulty of the American econ- projects authorized will continue to you won’t go to your local restaurant, omy. move forward with the guarantee to you won’t go to your local hardware On Monday morning of this week, sustain $119 million in Federal con- store, you will only go to the big Mr. Speaker, I hosted a job fair in struction projects. This bill is critical chains. It is absolutely destructive. Addison, Illinois, and in 4 hours’ period to Chicago, it’s critical to Illinois, and If you want to really do something, of time 2,000 of my constituents walked it’s critical to the Nation. I urge its get rid of this bill and instead support through those double doors looking for passage. the repeal of that section of the health

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6364 CONGRESSIONAL RECORD — HOUSE July 29, 2010 care bill that has nothing to do with who are shipping American jobs over- Mr. BRADY of Texas. The gentleman health care, but has everything to do seas? And those that are opposing from Michigan is right. This bill is with damaging small business and jobs these provisions understandably are more proof of failed economic policies in this country. benefiting from it, because right now of Washington Democrats, and I think Mr. LEVIN. It’s now my pleasure to American taxpayers are paying the tab they’ve acknowledged and they’ve ad- yield 3 minutes to another distin- for the taxes that those corporations mitted that that massive $860 billion guished, indeed a very distinguished are paying overseas. stimulus bill has failed. It’s failed the member of our committee, from the b 1700 American public. It’s failed 15 million State of Maryland (Mr. VAN HOLLEN). American workers who are out of work, Mr. VAN HOLLEN. I thank the chair- That’s not fair, and it creates an in- and about a third of them who’ve al- man for yielding. ducement to ship those jobs overseas. most given up on ever finding a job. You would think, listening to our Let’s stop this loophole and use those And we were promised, when that colleagues on the Republican side of funds to invest in jobs here in America. huge stimulus bill was passed, that un- the aisle, that the great recession Mr. CAMP. I yield myself such time employment would go down—it went began after President Obama was as I may consume. up—that we would have 7 million more sworn in, not recognizing the fact that I agree with my friend. It’s not com- jobs than we do today. They promised the day President Bush lost office this plicated. American employers say this the jobs would come from Main Street country was losing jobs at the rate of bill will kill jobs. Look, the Democrats from small businesses. It turns out, as 700,000 jobs a month. And in fact, dur- promised the stimulus would create Mr. CAMP said, all of the new jobs are ing the entire 8 years of the Bush ad- millions of jobs. It hasn’t. They prom- in government. And government jobs ministration we ended up losing over ised it would create 3.7 million jobs. only last as long as you’re paying out 600,000 private-sector jobs. Well, that hasn’t occurred. of your pocketbook to keep them on We have been working very hard to Instead, since the stimulus, through that job. dig ourselves out of that hole for a long June of 2010, the U.S. has lost 2.6 mil- That’s why this recovery is one of the period of time since then. The last 6 lion more private sector jobs, leaving slowest in America’s history because months we have seen private-sector job Americans to ask: Where are the jobs? consumers, they’re scared to spend be- growth in consecutive months. Not as Forty-seven out of 50 States have lost cause they see all of this debt in Wash- much as anybody would like to see, but jobs. No wonder more Americans think ington and they wonder who’s going to positive growth. And it’s interesting to Elvis is alive than believe the stimulus have to pay it all back, and they know listen to my colleagues, many of whom created jobs. it’s them. Businesses aren’t bringing are showing up to ribbon-cutting cere- Democrats promised the stimulus back new workers, aren’t hiring new monies and groundbreaking cere- would keep unemployment below 8 per- monies, taking credit for jobs that ones because they’re afraid of the types cent. It hasn’t. Instead, unemployment of proposals like this they see in Wash- have been created by investments made has reached 10 percent and remains that would never have happened if they ington, D.C. stuck near at that level today. I remember the President standing at had their way, if their votes had been And in addition to that high official the White House saying, If you pass the the ones that carried the day. unemployment, over 3 million other Now, this legislation is an effort to stimulus bill, it will jump-start the Americans are simply dropped out of economy and restore consumer con- change a perverse tax policy. We do the labor force, what some call the two things in this legislation. Number fidence. missing unemployed. And the flood of Well, the economy certainly isn’t one, we make important investments deficit spending from Democrats’ poli- in the Build America Bonds program, jump-started. And today, 90 percent of cies have driven the debt to an aston- an investment in infrastructure and Americans believe this economy is in ishing $13 trillion. The debt is so huge, jobs here at home. And we pay for it by bad shape. Most of them think it’s not it is already hurting job creation. cutting down, eliminating these per- going to get any better any time soon. Using the administration’s own fore- verse loopholes. Yes, there are lots of And from a jobs standpoint, this bill casts, the surge in debt caused by the corporations out there that don’t like may actually destroy more jobs than it stimulus and other Democrat policies this legislation. You know why? Be- creates, and this is why: has already destroyed 1 million jobs. cause they will no longer be rewarded America has one of the worst tax Unemployment and debt have soared by American taxpayers for shipping codes in the world. You know that if by a combined 60 percent since the American jobs overseas. Because that’s you’ve had to pay taxes. It’s even worse President took office. That’s an Obama what this bill does. when American companies try to sell Right now our tax code penalizes misery index that reflects current and our American goods and services American taxpayers and creates these future damage caused by Democrats’ around the world, when you try to incentives for certain corporations to failed policies. compete around the world. We double ship American jobs—not American And while the job situation seems to tax our American businesses—we’re goods, but ship American jobs—over- have finally stopped getting worse, the one of the few countries that do that— seas. And I think most taxpayers would trickle of private sector job creation in so, oftentimes they lose out on con- be outraged if they knew that in addi- 2010 is so anemic that, at the current tracts. They can’t sell their products tion to paying their own taxes, they rate, it would take until 2017 to recover because of this horrible tax code. would be required to pay the taxes that the jobs lost during this recession. What this bill does is ensure that U.S. multinationals owe to foreign That’s longer than it took to recover they are double taxed. In the past, countries for income those corpora- jobs during the Depression in the 1930s. what we said is we’ll try to help you, tions generated overseas. That’s what’s Others say it could take as long as American business, by removing one of going on. until 2021 to get employment back to those layers of tax. This puts it back. Through a process called credit split- prerecession levels So, at a time when we need to sell ting, U.S. multinationals are able to However, the Democrats’ agenda has more U.S. goods and services, create use their foreign tax credits to reduce helped one industry—government. more American jobs, this bill actually their tax liability here at home even Managing all of that spending helped does the opposite. It taxes our U.S. though they may not have repatriated government jobs grow by 201,000 since companies more when they try to sell that income back to the United States. the stimulus, helping to make Wash- and compete. That means our workers That’s what this particular loophole ington, D.C., and the area the Nation’s lose out. That means our workers lose does. You can talk about reforming our strongest job market. Meanwhile, con- their jobs. That means other foreign international tax code, and you are struction, loss of 853,000; manufac- countries gain and America loses. right, there are lots of complicated turing, loss of 707,000 jobs. Jobs across This bill is, again, one of the reasons issues. But this issue is not com- the U.S. have plummeted despite prom- this antijob, antibusiness, antigrowth plicated. ises they would grow by 1.1 million. Congress and White House are holding This issue is very simple. Do you I yield 3 minutes to the distinguished this economy back, keeping us from re- want to reward American corporations gentleman from Texas (Mr. BRADY). covering, holding our hopes, I think,

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6365 hostage to this ‘‘let’s tax everyone’’ in high unemployment and deep defi- Yesterday saw the publication of a mentality. cits. And with respect to deficits, Bill significant report on the Federal Gov- I’m convinced Americans are geneti- Clinton’s economic program and the ernment’s response to the greatest eco- cally disposed to bouncing back from program put in place in 1993 led to the nomic crisis of our lifetime, totally recessions. only 4 years of surplus that anybody in contrary to the promises made when The SPEAKER pro tempore. The this Chamber or in the gallery has we adopted your economic program in time of the gentleman has expired. lived under. Four years of surplus. Bill 2001 and 2003, which I did not vote for. Mr. CAMP. I yield the gentleman an Clinton is the only President in the But you were in charge. You had the additional 1 minute. lifetime of anybody in this Chamber House, you had the Senate and you had Mr. BRADY of Texas. This recovery who ended his term with a net sur- the Presidency; and you put it in place. is different. America’s not bouncing plus—$62.9 billion. Now how does that It led to the worst economy this coun- back because government’s in the way, compare with the economic program try has seen in the lifetime of anybody because this Congress is the obstacle, that was put in place in ’01 and ’03? Not who is not 90 years of age. this White House is the obstacle. rhetoric but statistically? There was an article, as I said. It was Stop passing tax increases. Stop Well, as opposed to those 216,000 jobs written by Mark Zandi, a former eco- standing in the way of our jobs, of our per month created under the Clinton nomic adviser to the MCCAIN Presi- growth, of our prosperity. This bill economic program put in place by the dential campaign, and Alan Blinder, a kills more jobs than it creates. It Democratic Congress of 1993, the eco- former vice chair of the Federal Re- doesn’t deserve to go any farther. nomic program that you put in place serve. The report found, and I quote, I will vote ‘‘no’’ and urge Members to created, not 216,000 jobs per month but that ‘‘the U.S. economy has made enor- vote ‘‘no’’ as well. 11,000 jobs per month. Now you need mous progress since the dark days of Mr. LEVIN. Mr. Speaker, I now yield about 125,000 jobs to stay even in Amer- the early 2009.’’ Enormous progress, ica; new people coming into the job 1 minute to the very distinguished ma- says Mark Zandi, adviser to JOHN market. And if you don’t create those jority leader of the U.S. House of Rep- MCCAIN. 125,000, then there aren’t jobs for peo- resentatives, STENY HOYER. It goes on to find in this article that ple coming into the market and you Mr. HOYER. Mr. Speaker, I’m the effects of the government response start having unemployment rise. amused sometimes when I stand on the since the height of the crisis, quote, Clinton: 216,000 jobs per month. Now, are huge and probably averted what floor and I hear my Republican col- ladies and gentlemen of the House, if could have been called Great Depres- leagues debate the economy. I’m wrong on that statistic, I’m sure sion 2.0. Without the government’s re- Frankly, the Bush administration, of somebody will call my attention to it. sponse, GDP in 2010 would be about 61⁄2 course, did not happen, you under- They haven’t in the past. And 11,000 percent lower. That’s not me saying stand. That 8 years really wasn’t their under the economic program frankly economic program, and the dire con- that you put in place and is still in that. It’s Mark Zandi saying that. And sequences of that economic program place from a tax standpoint. Tax rates payroll employment—I know my friend are all Mr. Obama’s fault. Hoover prob- are still where you set them and where from Texas wants to hear this figure. ably could have blamed it on Coolidge. you said it would explode the economy. According to Mark Zandi, payroll em- Maybe Coolidge could have blamed it And you were worried about paying ployment if we hadn’t passed that on Harding. off the deficit too soon. Well, you took bill—which I know my friend did not Now, we can throw these assumptions care of that. The national debt was support—he was opposed to that—Mark back and forth and generalities about about $5.8 trillion when you took over. Zandi says that payroll employment this job-stopping Congress and Presi- It was about $10.4 trillion when you would be less by some 81⁄2 million jobs. dent, but every time I get up and I left. You almost doubled the national My friend from Michigan says, Where start talking about the facts, the sta- debt. Bill Clinton, of course, didn’t bor- are the jobs? Let me tell you, it’s un- tistics, I rarely get somebody standing row any money from foreign govern- fortunate. We misconstrued and made a up on your side of the aisle saying, No, ments during his last 4 years. We rolled bad estimate. We didn’t think you that statistic is wrong. the debt. It came up a little bit, no could put the economy possibly as low Now, I’ve been here long enough, un- doubt about that; 37 percent as opposed as you put it. We didn’t think it could fortunately for some of you, to remem- to 87 percent under your economic pro- possibly be that deep. But it was. Much ber where we’ve been, where we’ve gram. deeper than even we thought. We knew come, and where we are. I was here in And I say to my friend who was wor- it wasn’t doing well. The American 1993 when we debated the economic ried about jobs, Your economic pro- people knew in 2006 it wasn’t doing well program that was put on this floor by gram hasn’t changed yet. The tax rate and they knew it wasn’t doing well in the Democratic Congress and President is the same as you set it and you said 2008, so they changed horses to ride. Clinton. And although I don’t know—it if the tax rate was there, we would ex- But it was so deep that we have been was one of you who recently spoke or plode jobs. And then you say, ‘‘But working very hard to get it out and we who has spoken on this floor—your business is doing really badly.’’ $1.8 are trying to get there. leaders said if we adopted that pro- trillion cash on hand in American busi- This bill moves us forward. That arti- gram, it would destroy the economy, ness as we speak today; $1.8 trillion, cle went on to say, ‘‘The stimulus has the deficit would explode, and unem- which I tell my friend is more than it’s done what it was supposed to do: end ployment would explode. And as you had in four decades. Cash on hand. the great recession and spur recovery.’’ are today, you are 180 degrees wrong. Cash on hand. So that apparently busi- That is progress. But we understand Statistically, you cannot deny it. ness is doing pretty well, which is why that all Americans know it’s not suc- Statistically, you cannot deny that the stock market has gone up 60 per- cess. And success will not come until during the 8 years under which we had cent. Sixty percent, I tell my friends. we create enough jobs that there is not the economic program in place, which Those of us who have a 401(k), since unemployment in America above a fig- you could not put aside—and I’ll ex- shortly after the passage of the Recov- ure, which is usual for the transition plain that we couldn’t put it aside ei- ery Act, the Dow went up from 6500 to from job to job, which is somewhere in ther in 2007 and 2008—that program cre- approximately 10–3 or 10–4 yesterday. I the neighborhood of 41⁄2 percent. ated more jobs for American workers think it’s about, close to 10–5 today. This bears repeating. Democrats have in the private sector than Mr. Reagan That is 4,000 points up. fought to rebuild the economy and put did, than Mr. Bush I did; and under Mr. Now, ladies and gentlemen, I rise in middle class Americans back to work, Bush II, of course, we essentially lost support of this bill. This bill has passed in the face of efforts to grind our eco- jobs in the private sector. here before, I tell my friends, and we’re nomic recovery to a halt. going to have to pass it again. When it Let me say something to my friends. b 1710 passed the first time, people were still They have been opposing Democratic Almost 21 million jobs were created not for taxing people who were sending plans to create jobs and grow the econ- under the Clinton economic program, jobs overseas. They still take that omy. Tragically, the Republican ob- which your side indicated would result same position. structionism’s collateral damage has

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6366 CONGRESSIONAL RECORD — HOUSE July 29, 2010 been those who remain out of a job. The fact is now, today—not in the are also used for student loans, and This legislation seeks to respond to 1980s, not in the 1990s, not in the Bush protection from alternative minimum that pain, that dislocation, that family administration—today we’ve lost tax means lower rates on borrowers. In fear that they won’t be able to pay the 700,000 manufacturing jobs, and the Massachusetts alone, 26,000 students next bill, the next mortgage payment, fact is employers in America have said will benefit. the next grocery bill. That’s the case this bill will hurt jobs; this will not Now, Mr. TIBERI, a Republican, and I with the legislation we’re debating help us create private sector jobs. And worked on the New Markets Tax Credit today, which puts our common inter- we have group after group that has exemption from the alternative min- ests above corporate interests and come forward and said this bill hurts imum tax. Since its inception, this pro- which can continue our economic re- jobs. gram has generated over $15 billion of covery. That’s why I urge a ‘‘no’’ vote. private sector investment in some of The Investing in American Jobs and I reserve the balance of my time. the poorest communities in America. I Closing Tax Loopholes Act ends tax Mr. LEVIN. I yield 30 seconds to the want to say that there are Republican breaks that encourage companies to majority leader. Members of Congress who have commu- outsource American jobs overseas. You Mr. HOYER. I thank the gentleman nities who have taken advantage of the ask Americans whether they think for yielding. New Markets Tax Credit initiative. We that’s a good policy and I’d be sur- I would simply say to my friend—and have freed up investment in struggling prised if you got any less than eight he is my friend and I believe him to be neighborhoods, Mr. Speaker. With out of 10 who said, ‘‘Yeah, that makes a very positive Member of the Congress Build America Bonds, we have offered sense to me.’’ Those loopholes help ship of the United States. I would say to tremendous opportunities for local jobs and investments overseas, and him, I don’t want to re-litigate. I do projects. Democrats wants to close it. This bill not want to repeat the mistakes of the Mr. CAMP. I reserve my time. also extends the Build America bonds past, and I believe, very frankly, my Mr. LEVIN. I now yield 3 minutes to program which helps States and local- friend, that the economic policies that the gentleman from Texas (Mr. ities fund essential, job-creating infra- you want to pursue have not worked, DOGGETT), a most active member of our structure projects. So far, Build Amer- and I don’t want to pursue them again. committee. ica bonds have been one of the most ef- It’s not a question of re-litigation. It’s Mr. DOGGETT. I thank the gen- fective contributors to our recovery, a question of learning from the failures tleman. supporting nearly 2 million jobs across of the past that brought this economy After 12 years of Republican rule, our the country. so extraordinarily low. It is time to in- tax code is riddled with loopholes. The This bill also helps States create or vest in the creation of jobs. I believe small businesses on Main Street, the extend jobs programs that help low-in- this bill does that. families that are struggling to get by come families find work. They are the Mr. LEVIN. I yield myself 30 seconds. with both spouses as wage earners, most stressed out. They lost their jobs Build America Bonds, 62 issues as of they all continue to shoulder a much first. They had the least to rely on 6/30/2010 totaling $2 billion, creating all heavier tax burden proportionately when they lost that job. kinds of private sector jobs. We look than the giant multinationals that op- And I want to point out that this bill backward to learn lessons. We have erate around the world, that have oper- supports all of those jobs without rais- also look forward, and the minority ated here in Washington to lobby their ing the deficit. I urge all of my col- will do neither. way into one bit of special treatment leagues to support this jobs bill. Will it I now am privileged to yield 2 min- after another. And many of these loop- solve the problem? It will not. But will utes to the gentleman from Massachu- holes serve only to encourage multi- it move us forward? It will. I congratu- setts (Mr. NEAL), a distinguished mem- nationals to invest overseas instead of late Chairman LEVIN and the Ways and ber of our committee. investing here at home to create Amer- Means Committee for the work that Mr. NEAL. Thank you, Mr. Chair- ican jobs. For some of them, their they have been doing, and I urge my man. number one export is the export of colleagues, take this additional step to To my friends on the other side, I do American jobs instead of creating help those folks in America who want think it’s instructive to have the dis- things here in America that we can to work, who have worked, who want cussion about Bill Clinton and George then export to the world. to put food on their tables for them W. Bush. I think it’s very helpful to This particular bill promotes jobs in and their families. America because we tried the Bush America in two ways. First, it recog- Pass this bill and send it to the Sen- years, and the argument now is to re- nizes that there is important work that ate. Let’s keep fighting for jobs in turn to the Bush years. needs to be done here in America, hard America. Now, let me point out in this legisla- work that is worth doing. In Austin, tion, that Mr. RANGEL and I worked to Texas, Build America Bonds were used b 1720 develop Build America Bonds. More to build a police substation, to build a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE than 800 cities and States have taken public safety training facility, public The SPEAKER pro tempore. The advantage of those bonds. In Massachu- facilities that we need to protect our Chair reminds all Members to please setts alone, we have issued $1 billion neighborhoods, built by private con- address their remarks to the Chair. worth of Build America Bonds, and we tractors, putting food on the table of Mr. CAMP. I yield myself such time saved $170 million in interest costs, private employees. This bill would en- as I may consume. which means that you can invest in courage more of the same for America. I appreciate the look-back. I think education, health, and public safety. Second, this bill represents the next it’s odd so many speakers today have Mr. FRANK and I worked to allow step in a long-standing effort that I’ve begun all their remarks with a look- small banks to hold more municipal been a part of to crack down on multi- back and attempt to re-litigate history bonds by expanding the small issuer ex- national corporations that get Federal and are sort of picking selective parts ception, thereby lowering the costs of tax breaks only to ship their jobs off- of history. The fact is, when this budg- these bonds. shore. It’s long past time to stop let- et was balanced there was a Republican Now, to show you the success of bi- ting these folks play games with our Congress, yes, with a Democrat Presi- partisanship, in the development of tax system that actually encourage the dent. Maybe we ought to try that com- this legislation, Mr. RYAN and I worked export of jobs. It’s unfair to small busi- bination again. to exempt private activity bonds from nesses, it’s unfair to families, those But let me just say, the people back AMT, a pretty good piece of initiative. who are following the rules and paying home are concerned about today. With that, 38 airports around the coun- their taxes in order to finance the tax They’re concerned about the problems try, including Cleveland, Milwaukee breaks for those that dodge their fair today, not re-litigating what may have and Houston, have taken advantage of share of responsibility for our national been or might have been. Back home in that opportunity. Thousands of jobs security, for our homeland security. Michigan, unemployment is nearly 14 have been created nationwide when the And making these large corporations percent; nationwide, nearly 10 percent. country really needs it. These bonds pay their fair share, stop the kind of

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6367 dodges that aren’t available to our and the infrastructure for many gen- For example, the proposed anticompetitive small businesses, is pro-competition. erations to take advantage of. limitation on the use of Sec. 956 loans re- This bill helps to level the playing field The SPEAKER pro tempore. The moves a greatly needed source of U.S. cash for small businesses across America. time of the gentleman has expired. for worldwide American companies—a source Mr. LEVIN. I yield the gentleman 30 that Treasury and the Internal Revenue I think you can assess this particular Service (IRS) sought to facilitate in guid- piece of legislation by its friends and additional seconds. ance issued as recently as last December. As by its foes. Those who build America, Mr. THOMPSON of California. So we continue to work through one of the groups like the engineers, have en- today when this bill is up, say ‘‘yes’’ to greatest credit crunches in U.S. history, tak- dorsed this measure. Those who want American jobs, say ‘‘yes’’ to important ing away a source of cash for U.S. companies to keep dodging their taxes and shift- American infrastructure and say ‘‘no’’ to grow, build and create jobs puts our frag- ing jobs overseas, they’re counting on to the tax dodge that would preclude us ile recovery at risk. from being able to put good jobs on the We are disappointed that many of the bill’s Republicans to do the same thing they proposed tax increases have not been ade- always do, and that is, assure special forefront today. quately scrutinized during congressional treatment for special folks. Mr. CAMP. I yield myself the balance hearings. In many cases, taxpayers have re- It is the same kind of thinking that of my time to close. lied on these longstanding tax provisions in got us the Republican bank bailout. Mr. Speaker, the facts are clear: with structuring their businesses. Changing the It’s the same kind of thinking that’s unemployment stuck at nearly 10 per- rules without fair and adequate hearings will being used here today to defend loop- cent and millions of jobs lost, the cost in terms of jobs, investment and manu- holes that are indefensible when what Democrats’ trillion-dollar stimulus bill facturers’ ability to compete overseas. Manufacturers believe strongly that we ought to be doing is focusing on cre- has failed. So what is the majority’s response? changes to our international tax laws should ating American jobs. be considered in the broader context of tax Mr. LEVIN. I now yield 2 minutes to Raise taxes on American jobs and give reform that makes the United States more the gentleman from California (Mr. more money to State and local govern- competitive—not as ‘‘pay fors’’ for unrelated THOMPSON), another very vigorous ment. That won’t create the private policy initiatives. Moreover, targeting some member of our committee. sector jobs Americans need. international tax law changes in advance of Mr. THOMPSON of California. Thank You don’t have to take my word for the tax reform debate would make the goal you, Mr. Chairman. it. Here is what some of the Nation’s of pro-growth, pro-competitiveness reform leading and largest employers say that much more difficult, if not impossible, I came down to the floor to speak to achieve. about this bill because it’s incredibly about this bill and the tax increases in The NAM supports provisions in the legis- important to jobs in America, jobs in it. lation that would extend Build America my district, jobs across this country. The National Association of Manu- Bonds and lift the state volume cap for pri- My good friend, the ranking member, facturers says: ‘‘Manufacturers believe vate activity bonds for water and waste Mr. CAMP—and I say ‘‘good friend’’ be- strongly that imposing $11.5 billion in water infrastructure, but our support for cause we work together on a lot of tax increases on these companies as these provisions is heavily outweighed by things in a bipartisan manner and are proposed by H.R. 5893 will jeopardize the significant costs imposed on manufactur- the jobs of American manufacturing ers by the bill’s tax increases. Manufacturers able to accomplish a lot—mentioned urge your opposition to the bill. that what’s happening today is what’s employees and stifle our fragile econ- The NAM’s Key Vote Advisory Committee important to Americans, and what’s omy.’’ has indicated that votes related to H.R. 5893, happening today is important to this The PACE Coalition, which rep- including votes on procedural motions, may bill. resents employers who provide over 60 be considered for designation as Key Manu- Right outside of my district, Sac- million American jobs, says: ‘‘The $12 facturing Votes in the 111th Congress. billion in proposed international tax Thank you for your consideration. ramento International Airport was Sincerely, able to get $480 million worth of bond- increases in H.R. 5893 would further disadvantage U.S. companies, harming JAY TIMMONS, ing authority because of the AMT pro- Executive Vice President. vision that’s in this bill, and they were their competitiveness. able to put that into that airport re- ‘‘At a time when other countries are PROMOTE AMERICA’S COMPETITIVE EDGE, construction/renovation that they’re taking steps to attract business, this July 29, 2010. doing, a $1.1 billion total job that cre- legislation sends exactly the opposite DEAR MEMBER OF CONGRESS: The PACE Co- alition—a broad-based organization dedi- ated 1,200 jobs in that immediate area. message, with the effect of discouraging business investment and job cre- cated to promoting and increasing the more b 1730 ation in the United States.’’ than 63 million American jobs that depend on the international competitiveness of It gave us the type of infrastructure Mr. Speaker, I submit the NAM and worldwide American companies—opposes in- and public airport facility that will go PACE Coalition letters for the RECORD. clusion of the proposed international tax in- on to create jobs today and tomorrow NATIONAL ASSOCIATION OF creases in HR 5893, released on July 28, 2010, and on into the future. It’s very, very MANUFACTURERS, as ‘‘payfors’’ for expanded infrastructure in- important. July 29, 2010. centives. The Build America Bonds part of this HOUSE OF REPRESENTATIVES, The members of PACE, including the un- bill is extremely important. There Washington, DC. dersigned trade associations, advocate that DEAR REPRESENTATIVES: The National As- the United States should provide a level were two areas in my district that re- sociation of Manufacturers (NAM), the na- playing field for taxation of international lied on this. It has created jobs, and it tion’s largest industrial trade association operations of U.S. businesses. U.S. tax law has improved the area. representing small and large manufacturers already disadvantages worldwide American The Napa County school system was in every industrial sector and in all 50 states, companies and their employees. U.S. compa- able to use $22 million worth of Build urges you to oppose H.R. 5893, the Investing nies face the second highest corporate tax America Bonds to do important work in American Jobs and Closing Tax Loopholes rate among developed countries and an inter- in the schools, renovating the class- Act of 2010. national tax system that impedes the ability rooms, expanding the campuses to be An estimated 22 million people in the of U.S. companies to expand into new mar- United States—more than 19 percent of the kets and reinvest foreign earnings at home. able to have a good spot for students to private sector workforce and 53 percent of all The $12 billion in proposed international tax be able to learn, creating jobs today as manufacturing employees—are employed by increases in HR 5893 would further disadvan- they go forward. companies with operations overseas. Manu- tage U.S. companies—harming their com- UC Davis, University of California, facturers feel strongly that imposing $11.5 petitiveness and reducing the earnings U.S. Davis, in my district, they were able to billion in tax increases on these companies companies bring back from their foreign op- use Build America Bonds to create $48 as proposed by H.R. 5893 will jeopardize the erations, thereby reducing reinvestment in million worth of expansion, renovation jobs of American manufacturing employees U.S. plant and equipment, funding U.S. re- and deferred maintenance on that cam- and stifle our fragile economy. search, and expanding U.S. payrolls. Many of the tax increases proposed in H.R. At a time when other countries are taking pus. They have done everything from 5893, which are mischaracterized as closing steps to attract business, this legislation deferred maintenance to the expansion tax loopholes, actually represent significant sends exactly the opposite message, with the of the physical sciences building, cre- changes to the pro-growth tax policy sup- effect of discouraging business investment ating jobs and improving the campus ported by Congress and the Administration. and job creation in the United States.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6368 CONGRESSIONAL RECORD — HOUSE July 29, 2010 PACE urges policy makers to consider So what has been happening under Last summer New York State used its share comprehensive tax reform designed to in- this loophole is that the credit has of welfare emergency funds to provide one- crease the competitiveness of U.S. compa- been used, not in relationship to that time $200 ‘‘back to school checks’’ to families nies both at home and abroad. Changes to income, but has been used relating to already on welfare. Instead of spending the our international tax system that fail to consider the competitive global marketplace other income. So it isn’t double tax- money on back to school supplies, many re- will further disadvantage U.S. workers. ation; it’s an effort to avoid any tax- cipients used the money, as CBS News put it, When worldwide American companies be- ation, and the rest of us pick up the to purchase ‘‘flat screen TVs, iPods and video come less competitive in their ability to bill. gaming systems.’’ Convenience stores in low- serve foreign markets, demand for U.S. pro- Now, one company that has objected income areas ‘‘noted marked increases in duced goods and services will decline. to this has dramatically increased beer, lotto and cigarette sales.’’ PACE looks forward to working with Mem- their investment offshore and dimin- Perhaps our colleagues think that creates bers of Congress to modernize our inter- ished their jobs in the United States jobs. national tax system to improve the competi- and diminished their R&D. So they say I disagree. tiveness of the U.S. economy and create jobs Mr. LEVIN. I yield back the balance at home. If HR 5893 is not amended to re- close the loophole and we will pay move the international tax increases, we re- more taxes, yes. What we are saying is of my time. spectfully request that you vote against this follow the rules, like small business The SPEAKER pro tempore. All time bill. does in this country, and like all of us for debate has expired. Sincerely, individual taxpayers do in this coun- Pursuant to House Resolution 1568, BUSINESS ROUNDTABLE, try. You can come here and say closing the previous question is ordered on the INFORMATION TECHNOLOGY a loophole increases taxes. By defini- bill. INDUSTRY COUNCIL, tion it does, because it says to people The question is on the engrossment NATIONAL ASSOCIATION OF who are skipping paying taxes, pay and third reading of the bill. MANUFACTURERS, your fair share. The bill was ordered to be engrossed NATIONAL FOREIGN TRADE So this is a two-fer, jobs in the U.S. and read a third time, and was read the COUNCIL, and stopping the shipment of jobs over- third time. U.S. CHAMBER OF The SPEAKER pro tempore. Pursu- COMMERCE. seas. And if people come here and vote ant to clause 1(c) of rule XIX, further As I noted earlier, the United States consideration of H.R. 5893 is postponed. Chamber of Commerce says this bill against this bill, they can expect to f imposes Draconian increases on Amer- hear from constituents, that you have ican worldwide companies that would voted to help people and entities that TRANSPORTATION, HOUSING AND ship jobs from this country elsewhere. hinder job creation, decrease the com- URBAN DEVELOPMENT, AND RE- We should vote resoundingly for this petitiveness of American businesses, LATED AGENCIES APPROPRIA- legislation. and deter economic growth. TIONS ACT, 2011 Mr. LINDER. Mr. Speaker, some Democrats I urge my colleagues to listen to The SPEAKER pro tempore. Pursu- these job providers and job creators, to have said the welfare expansion in this bill is about jobs. It’s not. It’s about more welfare. ant to House Resolution 1569 and rule reject these job-killing tax increases, This bill would expand the welfare emer- XVIII, the Chair declares the House in and to vote ‘‘no’’ on this bill. gency fund Democrats created in last year’s the Committee of the Whole House on With that, I yield back the balance of failed stimulus bill. That fund made available the State of the Union for the further my time. consideration of the bill, H.R. 5850. Mr. LEVIN. I yield myself the bal- up to $5 billion in new ‘‘welfare emergency ance of our time. funds’’ over fiscal years 2009 and 2010. The b 1738 bill before us would make available another up It’s really so important to look at IN THE COMMITTEE OF THE WHOLE to $5 billion for just fiscal year 2011, which the facts. This bill does not basically Accordingly, the House resolved create government jobs. That is a total starts in October. So they propose to double the welfare funds itself into the Committee of the Whole myth, and you know it. House on the State of the Union for the The infrastructure money goes to for this program, all in just one year. That is so much new welfare money that further consideration of the bill (H.R. State and local communities like high- CBO estimates States wouldn’t be able to 5850) making appropriations for the De- way monies do. These orange barrels, spend it all. Still, the $3.5 billion CBO esti- partments of Transportation, and orange and white in Michigan, Mr. mates States would spend next year would al- Housing and Urban Development, and CAMP, are put up by private contrac- most match the $4 billion States have spent in related agencies for the fiscal year end- tors with Federal money. the last two years. ing September 30, 2011, and for other So why demean the Build America No matter how you slice it, spending out of purposes, with Mr. SNYDER in the Bonds provisions by calling it money this welfare emergency fund would accelerate chair. to State and local governments when rapidly under this bill. The Clerk read the title of the bill. everybody knows it’s for infrastructure What would this money be spent on? The The CHAIR. When the Committee of that goes to private contractors and same things it is currently spent on—almost the Whole rose earlier today, amend- their employees? exclusively more and bigger welfare checks. ment No. 11 printed in part A of House You mention the number of construc- The nonpartisan Congressional Research Report 111–578 offered by the gentle- tion workers out of work; that is very Service has prepared a report on how the wel- woman from Texas (Ms. EDDIE BERNICE true. And then you vote against the fare emergency fund has been spent so far. JOHNSON) had been disposed of. legislation that will give them jobs. As of July 22, 2010, only 25 percent had been ANNOUNCEMENT BY THE CHAIR You say where are the jobs? Then you spent on ‘‘subsidized employment,’’ or the sal- The CHAIR. Pursuant to clause 6 of come down here and vote against bills aries of what are short-term positions. rule XVIII, proceedings will now re- to create jobs. And data from liberal advocates for these sume on those amendments printed in It doesn’t make any sense. Instead, programs admit that nearly half of those posi- House Report 111–578 on which further we get the same political speech aimed tions have been summer youth jobs. Since proceedings were postponed in the fol- at November 2, instead of aiming at summer is just about over, many of the jobs lowing order: creating jobs for the thousands and the other side talks about are nearly over, too. Amendment No. 2 printed in part A thousands of people who are unem- And the other side’s own rhetoric admits by Mr. BOEHNER of Ohio. ployed in the United States of Amer- these jobs in general are as temporary as the Amendment No. 8 printed in part A ica. Federal funding—which must be extended, by Mr. LATHAM of Iowa. I want to say something about the they say, or else the ‘‘jobs’’ will end. Amendment No. 10 printed in part A double taxation so people understand The fact is, despite the other side’s new- by Mr. CULBERSON of Texas. what this is really all about. We have a found but empty ‘‘jobs’’ rhetoric, a full 75 per- The Chair will reduce to 5 minutes foreign tax credit, as there should be, cent of this money has been spent on basic the time for any electronic vote after at least in this structure. This is a assistance—that is, on welfare benefits. the first vote in this series. credit that is supposed to relate to the But these are not just any welfare checks. AMENDMENT NO. 2 OFFERED BY MR. BOEHNER income by American companies cre- States have had to be creative to spend this The CHAIR. The unfinished business ated overseas. welfare emergency fund money. is the demand for a recorded vote on

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6369 the amendment offered by the gen- Bishop (GA) Hastings (FL) Perlmutter Messrs. FOSTER, YOUNG of Alaska, Bishop (NY) Higgins Perriello tleman from Ohio (Mr. BOEHNER) on KISSELL, HIMES and SCHAUER Blumenauer Hill Pierluisi which further proceedings were post- Boccieri Hinchey Pingree (ME) changed their vote from ‘‘no’’ to ‘‘aye.’’ poned and on which the noes prevailed Bordallo Hinojosa Polis (CO) So the amendment was rejected. by voice vote. Boswell Hirono Pomeroy The result of the vote was announced Boyd Holden The Clerk will redesignate the Price (NC) as above recorded. Brady (PA) Holt Quigley amendment. Braley (IA) Honda Rahall AMENDMENT NO. 8 OFFERED BY MR. LATHAM The Clerk redesignated the amend- Brown, Corrine Hoyer Rangel The CHAIR. The unfinished business Butterfield Inslee Reyes ment. Buyer Israel is the demand for a recorded vote on Richardson Cao Jackson (IL) RECORDED VOTE Rodriguez the amendment offered by the gen- Capps Jackson Lee Ross tleman from Iowa (Mr. LATHAM) on The CHAIR. A recorded vote has been Capuano (TX) Rothman (NJ) demanded. Cardoza Johnson (GA) which further proceedings were post- Roybal-Allard Carnahan Johnson, E. B. poned and on which the noes prevailed A recorded vote was ordered. Ruppersberger Carney Kagen by voice vote. The vote was taken by electronic de- Castor (FL) Kanjorski Rush vice, and there were—ayes 206, noes 217, Christensen Kaptur Ryan (OH) The Clerk will redesignate the not voting 15, as follows: Chu Kennedy Sablan amendment. Clarke Kildee Salazar The Clerk redesignated the amend- [Roll No. 488] Sa´ nchez, Linda Clay Kilpatrick (MI) ment. AYES—206 Cleaver Kilroy T. Clyburn Kind Sanchez, Loretta RECORDED VOTE Aderholt Fortenberry McNerney Cohen Klein (FL) Sarbanes Adler (NJ) Foster Mica The CHAIR. A recorded vote has been Conyers Kosmas Schakowsky Alexander Foxx Miller (FL) Costa Kucinich Schiff demanded. Altmire Franks (AZ) Miller (MI) Costello Langevin Schrader A recorded vote was ordered. Arcuri Frelinghuysen Miller, Gary Courtney Larsen (WA) Schwartz Austria Gallegly The CHAIR. This is a 5-minute vote. Minnick Critz Larson (CT) Scott (GA) Bachmann Garrett (NJ) The vote was taken by electronic de- Mitchell Crowley Lee (CA) Scott (VA) Bachus Gerlach Murphy (NY) Cuellar Levin Serrano vice, and there were—ayes 197, noes 225, Barrett (SC) Giffords Murphy, Patrick Cummings Lewis (GA) Sestak not voting 16, as follows: Bartlett Gingrey (GA) Murphy, Tim Davis (CA) Lipinski Shea-Porter Barton (TX) Gohmert [Roll No. 489] Myrick Davis (IL) Loebsack Sherman Bean Goodlatte Neugebauer Davis (TN) Lofgren, Zoe Shuler AYES—197 Biggert Granger Nunes DeGette Lowey Bilbray Graves (GA) Sires Aderholt Flake McClintock Nye Delahunt Luja´ n Bilirakis Graves (MO) Skelton Adler (NJ) Fleming McCotter Olson DeLauro Maloney Bishop (UT) Guthrie Slaughter Alexander Forbes McHenry Owens Deutch Markey (CO) Blackburn Hall (TX) Smith (WA) Austria Fortenberry McKeon Paul Dicks Markey (MA) Blunt Harper Snyder Bachmann Foster McMahon Paulsen Dingell Matsui Boehner Hastings (WA) Space Bachus Foxx McMorris Pence Doggett McCarthy (NY) Bonner Heinrich Speier Barrett (SC) Franks (AZ) Rodgers Peters Doyle McCollum Bono Mack Heller Spratt Bartlett Frelinghuysen Melancon Peterson Driehaus McDermott Boozman Hensarling Stark Barton (TX) Gallegly Mica Petri Edwards (MD) McGovern Boren Herger Stupak Bean Garrett (NJ) Michaud Pitts Edwards (TX) McIntyre Boucher Herseth Sandlin Sutton Biggert Gerlach Miller (FL) Platts Ehlers Meek (FL) Boustany Himes Tanner Bilbray Giffords Miller (MI) Poe (TX) Ellison Meeks (NY) Brady (TX) Hodes Thompson (CA) Bilirakis Gingrey (GA) Miller, Gary Posey Engel Melancon Bright Hunter Thompson (MS) Bishop (UT) Gohmert Minnick Price (GA) Eshoo Michaud Broun (GA) Inglis Tierney Blackburn Goodlatte Mitchell Putnam Etheridge Miller (NC) Brown (SC) Issa Titus Blunt Granger Moore (KS) Rehberg Faleomavaega Miller, George Brown-Waite, Jenkins Boehner Graves (GA) Murphy (NY) Reichert Farr Mollohan Tonko Ginny Johnson (IL) Bonner Graves (MO) Murphy, Tim Roe (TN) Fattah Moore (KS) Towns Buchanan Johnson, Sam Bono Mack Guthrie Myrick Rogers (AL) Filner Moore (WI) Tsongas Burgess Jones Boozman Hall (TX) Neugebauer Rogers (KY) Frank (MA) Moran (VA) Van Hollen Burton (IN) Jordan (OH) ´ Boustany Harper Nunes Rogers (MI) Fudge Murphy (CT) Velazquez Calvert King (IA) Brady (TX) Hastings (WA) Olson Rohrabacher Garamendi Nadler (NY) Visclosky Camp King (NY) Bright Heinrich Paul Rooney Gonzalez Napolitano Walz Campbell Kingston Broun (GA) Heller Paulsen Ros-Lehtinen Gordon (TN) Neal (MA) Wasserman Cantor Kirk Brown (SC) Hensarling Pence Roskam Grayson Norton Schultz Capito Kirkpatrick (AZ) Brown-Waite, Herger Peters Royce Green, Al Oberstar Waters Carter Kissell Ginny Hill Peterson Green, Gene Obey Watt Cassidy Kline (MN) Ryan (WI) Buchanan Himes Petri Grijalva Olver Waxman Castle Kratovil Scalise Burgess Hunter Pitts Gutierrez Ortiz Weiner Chaffetz Lamborn Schauer Burton (IN) Inglis Platts Hall (NY) Pallone Welch Chandler Lance Schmidt Buyer Issa Poe (TX) Halvorson Pascrell Wilson (OH) Childers Latham Schock Calvert Jenkins Posey Hare Pastor (AZ) Woolsey Coble LaTourette Sensenbrenner Camp Johnson (IL) Price (GA) Harman Payne Wu Coffman (CO) Latta Sessions Campbell Johnson, Sam Putnam Cole Lee (NY) Shimkus NOT VOTING—15 Cantor Jones Rehberg Conaway Lewis (CA) Shuster Cao Jordan (OH) Reichert Akin Lynch Tiahrt Connolly (VA) Linder Simpson Capito King (IA) Roe (TN) Andrews McCarthy (CA) Wamp Cooper LoBiondo Smith (NE) Carney King (NY) Rogers (AL) Carson (IN) Moran (KS) Watson Crenshaw Lucas Smith (NJ) Carter Kingston Rogers (KY) Griffith Radanovich Yarmuth Culberson Luetkemeyer Smith (TX) Cassidy Kirkpatrick (AZ) Rogers (MI) Hoekstra Shadegg Young (FL) Dahlkemper Lummis Stearns Castle Kline (MN) Rohrabacher Davis (AL) Lungren, Daniel Sullivan ANNOUNCEMENT BY THE CHAIR Chaffetz Kratovil Rooney Davis (KY) E. Taylor The CHAIR (during the vote). There Childers Lamborn Ros-Lehtinen DeFazio Mack Teague Coble Lance Roskam Dent Maffei Terry are 2 minutes remaining in this vote. Coffman (CO) Latham Royce Cole LaTourette Ryan (WI) Diaz-Balart, L. Manzullo Thompson (PA) b 1808 Diaz-Balart, M. Marchant Thornberry Conaway Latta Scalise Djou Marshall Tiberi Ms. MCCOLLUM, Mr. MELANCON, Cooper Lee (NY) Schmidt Donnelly (IN) Matheson Turner Ms. WOOLSEY, Mr. FILNER, Ms. KAP- Crenshaw Lewis (CA) Schock Dreier McCaul Upton Culberson Linder Sensenbrenner Duncan McClintock Walden TUR, Ms. CASTOR of Florida, Mr. Davis (KY) LoBiondo Sessions Ellsworth McCotter Westmoreland BACA, Ms. DELAURO, Messrs. KAN- Dent Lucas Shimkus Emerson McHenry Whitfield JORSKI, BRADY of Pennsylvania, Diaz-Balart, L. Luetkemeyer Shuler Diaz-Balart, M. Lummis Shuster Fallin McKeon Wilson (SC) DINGELL, ACKERMAN, OBERSTAR, Flake McMahon Wittman Djou Lungren, Daniel Simpson Fleming McMorris Wolf TOWNS, LARSON of Connecticut, LI- Donnelly (IN) E. Smith (NE) Forbes Rodgers Young (AK) PINSKI, CLEAVER, WU, LUJAN, Mrs. Dreier Mack Smith (NJ) Driehaus Manzullo Smith (TX) NOES—217 HALVORSON, Messrs. CUELLAR, Duncan Marchant Smith (WA) THOMPSON of Mississippi and CAR- Ackerman Baldwin Berkley Ehlers Marshall Stearns Baca Barrow Berman NEY changed their vote from ‘‘aye’’ to Emerson Matheson Sullivan Baird Becerra Berry ‘‘no.’’ Fallin McCaul Tanner

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6370 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Taylor Turner Wilson (SC) b 1817 Barrow Green, Al Olver Terry Upton Wittman Bean Green, Gene Ortiz Thompson (PA) Walden Wolf Mr. DELAHUNT changed his vote Becerra Grijalva Owens Thornberry Westmoreland Young (AK) from ‘‘aye’’ to ‘‘no.’’ Berkley Hall (NY) Pallone Tiberi Whitfield Berman Halvorson Pascrell So the amendment was rejected. Berry Hare Pastor (AZ) NOES—225 The result of the vote was announced Bishop (GA) Harman Payne as above recorded. Bishop (NY) Hastings (FL) Perlmutter Ackerman Gordon (TN) Obey Blumenauer Heinrich Perriello AMENDMENT NO. 10 OFFERED BY MR. CULBERSON Altmire Grayson Olver Boccieri Higgins Peters Arcuri Green, Al Ortiz The CHAIR. The unfinished business Bordallo Hill Peterson Baca Green, Gene Owens is the demand for a recorded vote on Boren Himes Pierluisi Baird Grijalva Pallone Boswell Hinchey the amendment offered by the gen- Pingree (ME) Baldwin Hall (NY) Pascrell Boucher Hinojosa Polis (CO) Barrow Halvorson Pastor (AZ) tleman from Texas (Mr. CULBERSON) on Boyd Hirono Pomeroy Brady (PA) Holden Becerra Hare Payne which further proceedings were post- Price (NC) Braley (IA) Holt Berkley Harman Perlmutter Quigley poned and on which the noes prevailed Brown, Corrine Honda Berman Hastings (FL) Perriello Rahall by voice vote. Brown-Waite, Hoyer Berry Herseth Sandlin Pierluisi Rangel Ginny Inslee Bishop (GA) Higgins Pingree (ME) The Clerk will redesignate the Reyes Bishop (NY) Hinchey Polis (CO) Butterfield Israel amendment. Cao Jackson (IL) Richardson Blumenauer Hinojosa Pomeroy The Clerk redesignated the amend- Capps Jackson Lee Rodriguez Boccieri Hirono Price (NC) Capuano (TX) Ross Bordallo Hodes Quigley ment. Cardoza Johnson (GA) Rothman (NJ) Boren Holden Rahall RECORDED VOTE Carnahan Johnson, E. B. Roybal-Allard Boswell Holt Rangel The CHAIR. A recorded vote has been Carney Kagen Ruppersberger Boucher Honda Reyes Rush demanded. Carson (IN) Kanjorski Boyd Hoyer Richardson Castle Kaptur Ryan (OH) Brady (PA) Inslee Rodriguez A recorded vote was ordered. Castor (FL) Kennedy Sablan Braley (IA) Israel Ross The CHAIR. This is a 5-minute vote. Chandler Kildee Salazar Brown, Corrine Jackson (IL) Rothman (NJ) Childers Kilroy Sa´ nchez, Linda Butterfield Jackson Lee Roybal-Allard The vote was taken by electronic de- Christensen Kind T. Capps (TX) Ruppersberger vice, and there were—ayes 169, noes 252, Chu King (NY) Sanchez, Loretta Capuano Johnson (GA) Rush not voting 17, as follows: Clarke Kirk Sarbanes Cardoza Johnson, E. B. Ryan (OH) Clay Kissell Schakowsky Carnahan Kagen Sablan [Roll No. 490] Cleaver Klein (FL) Schauer Carson (IN) Kanjorski Salazar AYES—169 Clyburn Kosmas Schiff Kaptur ´ Cohen Kratovil Schrader Castor (FL) Sanchez, Linda Aderholt Frelinghuysen Miller (MI) Conyers Kucinich Schwartz Chandler Kennedy T. Alexander Gallegly Miller, Gary Cooper Langevin Christensen Kildee Sanchez, Loretta Altmire Garrett (NJ) Minnick Scott (GA) Costa Larsen (WA) Chu Kilroy Sarbanes Austria Giffords Mitchell Scott (VA) Costello Larson (CT) Clarke Kind Schakowsky Bachmann Gingrey (GA) Murphy (NY) Serrano Courtney LaTourette Clay Kirk Schauer Bachus Gohmert Myrick Sestak Critz Lee (CA) Cleaver Kissell Schiff Barrett (SC) Goodlatte Neugebauer Shea-Porter Crowley Levin Clyburn Klein (FL) Schrader Bartlett Granger Nunes Sherman Cuellar Lewis (GA) Cohen Kosmas Schwartz Barton (TX) Graves (GA) Nye Shuler Cummings Lipinski Connolly (VA) Kucinich Scott (GA) Biggert Graves (MO) Olson Sires Dahlkemper LoBiondo Conyers Langevin Scott (VA) Bilbray Guthrie Paul Skelton Davis (AL) Loebsack Larsen (WA) Serrano Bilirakis Hall (TX) Paulsen Slaughter Costa Davis (CA) Lofgren, Zoe Bishop (UT) Harper Pence Smith (NJ) Costello Larson (CT) Sestak Davis (IL) Lowey Blackburn Hastings (WA) Petri Smith (WA) Courtney Lee (CA) Shea-Porter Davis (TN) Luja´ n Blunt Heller Pitts Snyder Critz Levin Sherman DeFazio Maffei Boehner Hensarling Platts Space Crowley Lewis (GA) Sires DeGette Maloney Bonner Herger Poe (TX) Speier Cuellar Lipinski Skelton Delahunt Markey (MA) Bono Mack Herseth Sandlin Posey Spratt Cummings Loebsack Slaughter DeLauro Matheson Boozman Hodes Price (GA) Stark Dahlkemper Lofgren, Zoe Snyder Deutch Matsui Boustany Hunter Putnam Davis (AL) Lowey Space Dicks McCarthy (NY) Stupak Brady (TX) Inglis Rehberg Davis (CA) Luja´ n Speier Dingell McCollum Sutton Bright Issa Reichert Davis (IL) Maffei Spratt Djou McDermott Tanner Broun (GA) Jenkins Roe (TN) Davis (TN) Maloney Stark Doggett McGovern Teague Brown (SC) Johnson (IL) Rogers (AL) DeFazio Markey (CO) Stupak Donnelly (IN) McIntyre Thompson (CA) Buchanan Johnson, Sam Rogers (KY) DeGette Markey (MA) Sutton Doyle McMahon Thompson (MS) Burgess Jones Rogers (MI) Delahunt Matsui Driehaus McNerney Tierney Teague Burton (IN) Jordan (OH) Rohrabacher DeLauro McCarthy (NY) Edwards (MD) Meek (FL) Titus Thompson (CA) Buyer King (IA) Rooney Edwards (TX) Meeks (NY) Tonko Deutch McCollum Thompson (MS) Calvert Kingston Ros-Lehtinen Ellison Melancon Towns Dicks McDermott Tierney Camp Kirkpatrick (AZ) Roskam Ellsworth Michaud Tsongas Dingell McGovern Titus Campbell Kline (MN) Royce Engel Miller (NC) Van Hollen Doggett McIntyre Tonko Cantor Lamborn Ryan (WI) Eshoo Miller, George Vela´ zquez Doyle McNerney Towns Capito Lance Scalise Etheridge Mollohan Visclosky Edwards (MD) Meek (FL) Tsongas Carter Latham Schmidt Faleomavaega Moore (KS) Walz Edwards (TX) Meeks (NY) Van Hollen Cassidy Latta Schock Farr Moore (WI) Wasserman Ellison Miller (NC) Vela´ zquez Chaffetz Lee (NY) Sensenbrenner Fattah Moran (VA) Schultz Ellsworth Miller, George Visclosky Coble Lewis (CA) Sessions Filner Murphy (CT) Waters Engel Mollohan Walz Coffman (CO) Linder Shimkus Foster Murphy, Patrick Watt Eshoo Moore (WI) Wasserman Cole Lucas Shuster Frank (MA) Murphy, Tim Waxman Etheridge Moran (VA) Schultz Conaway Luetkemeyer Simpson Fudge Nadler (NY) Weiner Faleomavaega Murphy (CT) Waters Crenshaw Lummis Smith (NE) Garamendi Napolitano Welch Farr Murphy, Patrick Watt Culberson Lungren, Daniel Smith (TX) Gerlach Neal (MA) Wilson (OH) Fattah Nadler (NY) Waxman Davis (KY) E. Stearns Gonzalez Norton Woolsey Filner Napolitano Weiner Dent Mack Sullivan Gordon (TN) Oberstar Wu Frank (MA) Neal (MA) Welch Diaz-Balart, L. Manzullo Taylor Grayson Obey Young (AK) Fudge Norton Wilson (OH) Diaz-Balart, M. Marchant Terry Garamendi Nye Woolsey Dreier Markey (CO) Thompson (PA) NOT VOTING—17 Duncan Marshall Thornberry Gonzalez Oberstar Wu Akin Kilpatrick (MI) Tiahrt Ehlers McCaul Tiberi Andrews Lynch Emerson McClintock Turner Wamp NOT VOTING—16 Connolly (VA) McCarthy (CA) Fallin McCotter Upton Watson Griffith Moran (KS) Akin Lynch Wamp Flake McHenry Walden Yarmuth Gutierrez Radanovich Andrews McCarthy (CA) Watson Fleming McKeon Westmoreland Young (FL) Hoekstra Shadegg Griffith Moran (KS) Yarmuth Forbes McMorris Whitfield Gutierrez Radanovich Young (FL) Fortenberry Rodgers Wilson (SC) ANNOUNCEMENT BY THE CHAIR Hoekstra Shadegg Foxx Mica Wittman The CHAIR (during the vote). There Kilpatrick (MI) Tiahrt Franks (AZ) Miller (FL) Wolf are 2 minutes remaining in the vote. ANNOUNCEMENT BY THE CHAIR NOES—252 b 1826 Ackerman Arcuri Baird The CHAIR (during the vote). There Adler (NJ) Baca Baldwin So the amendment was rejected. are 2 minutes remaining in this vote.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6371 The result of the vote was announced then they don’t have to enter into an Mr. OBERSTAR. The gentleman from as above recorded. agreement. It’s always been that way. Missouri, a strong advocate of general PERSONAL EXPLANATION It’s up to those communities. Those aviation, a great member of our com- Mr. AKIN. Mr. Chair, I was absent from the communities, the municipalities, coun- mittee, has expressed a very genuine House and missed rollcall votes 488, 489, and ties, they own the airport. The Federal concern and has introduced legislation; 490. Government doesn’t. What this amend- a bill that was introduced in March of Had I been present, I would have voted ment simply does is keep that option this year, referred to our committee. ‘‘yes’’ on rollcall 488, ‘‘yes’’ on rollcall 489, and out there on the table. We have asked for comments from the ‘‘yes’’ on rollcall 490. Most recently the FAA began tar- administration; that is, from DOT and geting public-use airports that have AMENDMENT NO. 12 OFFERED BY MR. GRAVES OF FAA. Meanwhile, the FAA in January residential through-the-fence agree- MISSOURI of this year initiated a process to ad- ments. In some cases, the FAA has The CHAIR. It is now in order to con- dress the issues created by the so- withheld annual Airport Improvement sider amendment No. 12 printed in part called ‘‘through-the-fence’’ agree- Program funds from GA airports solely A of House Report 111–578. ments. They formed a policy review because the airport has a residential Mr. GRAVES of Missouri. I have an team to gather information, evaluate through-the-fence agreement. Airport amendment at the desk. the concerns, decide what kind of ac- Improvement Program funds are those The CHAIR. The Clerk will designate tion could be taken to address the con- funds that are deposited into the gen- the amendment. cerns. eral aviation trust fund from taxes on The text of the amendment is as fol- And what are these concerns? Well, I aviation fuel. That’s where it comes lows: know the former president of the Air- from. They go to these airports to port Owners and Pilots Association, At the end of the bill (before the short make improvements, to expand air- title), insert the following: Phil Boyer, retired, I think, to Florida, ports, whatever the case may be; but SEC. ll. None of the funds made available the FAA has withheld those funds sim- to a place where he has an airplane lit- in this Act may be used by the Department erally in his garage. He can roll it out of Transportation or the Federal Aviation ply because an airport has entered into one of these agreements. onto a runway and fly wherever he Administration to pursue, adopt, or enforce needs to go. That’s the kind of thing guidelines or regulations requiring a sponsor Residential through-the-fence agree- of a general aviation airport to terminate an ments can safely coexist with GA air- we’re talking about here. existing residential through-the-fence agree- ports. The FAA’s policy banning all of Under these agreements, people have ment, or otherwise withhold funds from a these residential agreements remains, I total access to runways, taxiways, sen- sponsor of a general aviation airport, solely think, misguided and unjustified. Rath- sitive operational parts of the airport. because the sponsor enters into an agree- er than work through these on a case- But people and pets have ventured onto ment that grants a person that owns residen- airport property. Homeowners have tial real property adjacent to the airport ac- by-case basis, the FAA finds it more cess to the airfield of the airport for non- convenient just to prohibit them alto- hunted. They’ve thrown parties. They commercial uses. gether. have buried pets on airport grounds. Our amendment will prohibit the The CHAIR. Pursuant to House Reso- These are the reports we got from the FAA from enforcing this policy just in lution 1569, the gentleman from Mis- FAA. These agreements have ham- fiscal year 2011. What I am trying to do strung airports in planning for the fu- souri (Mr. GRAVES) and a Member op- is hopefully give us some time so we posed each will control 5 minutes. ture, planning for safety and improving can find a more permanent, long-term The Chair recognizes the gentleman safety. With airport land encumbered solution. This amendment does not from Missouri. by such agreements, airports may not prohibit the FAA from deeming an air- be free to make the necessary safety b 1830 port to be out of compliance. If an air- improvements they require. Mr. GRAVES of Missouri. Mr. Chair- port violates any of the criteria that I would propose to the gentleman man, I rise today in support of the are out there, they could still hold that we allow the FAA to continue its Graves-Boswell amendment. I would them accountable. They simply can’t policy review team, bring forth rec- like to thank the gentleman from Iowa do it solely because the airport has en- ommendations; I would schedule a for offering this amendment with me tered into a residential through-the- hearing in the Aviation Subcommittee, and for his support. fence agreement. with the concurrence of the gentleman Again, Mr. Chairman, just to try to Our amendment prohibits the FAA from Illinois (Mr. COSTELLO), the chair- put it in basic terms, these airports be- from using funds in this act to termi- man of the subcommittee; and the gen- nate an existing residential through- long to the cities and the counties. They don’t belong to the Federal Gov- tleman from Wisconsin (Mr. PETRI), the-fence agreement at public-use gen- ernment, and I think it’s wrong that schedule a hearing in committee, and eral aviation airports. It also prevents the Federal Government would with- air the issues. the FAA from withholding funds from hold funds from them simply because The provisions that the gentleman, the sponsor of a GA airport, solely be- they entered into one of these agree- Mr. Chairman, has included in the bill cause that sponsor enters into a resi- ments. It should be up to the city; it he has introduced are very beneficial dential through-the-fence agreement. should be up to the community or who- suggestions. They don’t deal specifi- To kind of explain this, the sponsor ever the airport authority is and not up cally with the issues that I just cited can be the airport authority, it might to the Federal Government. but those will be the subject of this re- be the community, it might be the mu- I rise in support of the Graves-Bos- view by the FAA. We’ll give them a nicipality, it might be the county in well amendment. Again, I want to deadline of reporting to us in mid Sep- many cases. What a residential thank the gentleman from Iowa for tember, schedule a hearing and fashion through-the-fence agreement is is an helping out with this. He has been a a legislative proposal which we could agreement between the airport sponsor strong general aviation advocate for then bring to the floor on suspension of and a person who might own residen- many, many years and obviously very the rules pending an agreement. But I tial property adjacent to that airport. active in this issue. think the gentleman’s introduced bill These agreements simply provide the I reserve the balance of my time. is a much more thoughtful approach to property owner and their aircraft ac- Mr. OLVER. Mr. Chairman, I claim the issue than just a bludgeoning of the cess to the airport. time in opposition to the amendment. FAA, cutting off and saying they can’t It is very important to note that this The CHAIR. The gentleman from take action. amendment does not require a GA air- Massachusetts is recognized for 5 min- The CHAIR. The gentleman from port to enter into one of these residen- utes. tial agreements. If an airport or that Mr. OLVER. I yield such time as he Missouri has 30 seconds. airport authority—city, county, mu- may consume to the distinguished Mr. GRAVES of Missouri. Thank you, nicipality—if they feel that such an chairman of the authorizing com- Mr. Chairman. agreement is not beneficial to the air- mittee, the gentleman from Minnesota I very much appreciate the chair- port or they simply don’t like the idea, (Mr. OBERSTAR). man’s willingness to work with me on

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6372 CONGRESSIONAL RECORD — HOUSE July 29, 2010 this and to move forward. This is going The CHAIR. Pursuant to House Reso- (Mr. NEUGEBAUER) and a Member op- to be a process that is going to take lution 1569, the gentlewoman from Wis- posed each will control 5 minutes. some time. We need to come up with consin (Ms. MOORE) and a Member op- The Chair recognizes the gentleman some thoughtful consideration. posed each will control 5 minutes. from Texas. The Chair recognizes the gentle- b 1840 Mr. NEUGEBAUER. Mr. Chairman, woman from Wisconsin. earlier this week the House voted 393– What I’m trying to do today with Ms. MOORE of Wisconsin. Mr. Chair- 24 to pass legislation that would cancel this amendment, though, is just pre- man, indeed, this Transportation ap- hundreds of millions of dollars in old vent us from doing some irreparable propriations bill is a jobs creations earmarks that have been sitting un- damage to these airports and to these bill, and I am totally in support of used, sometimes some of those for over agreements in the meantime, just this that. 20 years. year. It’s just for this fiscal year, just My amendment here would modestly The Surface Transportation Earmark to slow this process down and to ad- increase funding for the Department of dress some of the FAA’s concerns. Rescission, Savings, and Account- Transportation’s efforts to help small ability Act rescinded $713 million of Mr. OLVER. I again yield such time and disadvantaged businesses obtain as he may consume to the chairman of Federal highway contract authority for transportation contracts. It would add 309 Member-designated projects for the the authorizing committee, Mr. OBER- funding beyond the $14,000 increase re- Surface Transportation Authorization STAR. quested by the President for the Office Acts of 1987, 1991, 1998 and 2005. Mr. OBERSTAR. I would just con- of Small and Disadvantaged Business After passage of this legislation, clude that it’s inappropriate for us to Utilization within the Secretary’s of- Members of Congress should be ap- impose this penalty on the FAA fice, and to increase the capacity for plauded for supporting these common- through the appropriation process. A the department to reach out to small sense spending cuts. We said long-term much more appropriate way would be and disadvantaged businesses. to deal with it through our committee. When I talk about small and dis- economic growth and recovery can’t I commit to the gentleman that we advantaged businesses, it’s not just happen unless we cut wasteful govern- will work through to hopefully a legis- ethnic minority businesses. It’s vet- ment spending and tackle our explod- lative solution. Certainly, the FAA’s eran-owned businesses. It’s women- ing deficit. We agreed that these ear- committed to do that, and I will talk owned businesses. This is an issue that marks were a wasteful use of the tax- to the Administrator of the FAA, tell affects every district, both Democrat payers’ money. him we expect to hold a hearing on this and Republican. The number of unused earmarks in issue mid-September, that they will be This amendment is about strength- these old transportation bills shows prepared to report to us whatever find- ening these small, but important, pro- that Congress needs a better process of ings they have from the policy review grams and the work that they do and deciding how to spend the taxpayers’ team at that point. sending a strong signal to small busi- money. While many on the other side I am prepared to do that if the gen- nesses and to the Secretary about the want to continue their practice of ear- tleman would consider withdrawing his level of importance that we as a Con- marking on their constituents’ behalf, amendment or at least not pressing it gress place on creating opportunities I cannot support this reckless spend- to a recorded vote. If the gentleman for American businesses that are de- ing. The bill before us today includes presses to a recorded vote, I’d be conserved. over 500 new earmarks that we cannot strained to oppose it. With that, I reserve the balance of simply afford. More importantly, these I yield to the gentleman from Mis- my time. earmarks are potentially causing even souri. Mr. OLVER. Mr. Chairman, I claim more government inefficiency. Mr. GRAVES of Missouri. Thank you, time in opposition, though I am not op- While I supported the bill on Tues- Mr. Chairman. posed to the amendment. day, we also need to be honest that it Mr. Chairman, I tell you what, I The CHAIR. Without objection, the did not actually reduce any spending. would rather not withdraw the amend- gentleman from Massachusetts is rec- These projects have been on hold for a ment, but I would take just a voice ognized for 5 minutes. long time, and this money was never vote. I would like to say if I can, I just There was no objection. going to be used and never was allo- appreciate the chairman’s willingness Mr. OLVER. I’m very sensitive to the cated. I agree that Congress should re- to work with me on this, and I under- issues that the gentlewoman has peal spending that is not going to be stand what he’s saying, too, and I re- raised, and I think these are very mod- used, but we didn’t reduce the deficit spect it. But thank you, Mr. Chairman, est changes and I’m quite willing to ac- $700 million by taking out these old for yielding to me. cept the amendment that she has pro- earmarks, even though we talked like The CHAIR. The question is on the posed. that’s what we were actually doing. amendment offered by the gentleman I yield back the balance of my time. Today, we get to vote on an amend- from Missouri (Mr. GRAVES). Ms. MOORE of Wisconsin. I yield ment that actually cuts unspent funds. The amendment was rejected. back the balance of my time. My amendment says that we should AMENDMENT NO. 13 OFFERED BY MS. MOORE OF The CHAIR. The question is on the take the unspent money from the stim- WISCONSIN amendment offered by the gentle- ulus package and return it to the tax- The CHAIR. It is now in order to con- woman from Wisconsin (Ms. MOORE). payers. Most of us agreed that we sider amendment No. 13 printed in part The amendment was agreed to. should take unspent money out of the A of House Report 111–578. AMENDMENT NO. 14 OFFERED BY MR. old transportation earmarks in the NEUGEBAUER Ms. MOORE of Wisconsin. Mr. Chair- vote earlier this week. Most of us The CHAIR. It is now in order to con- man, I have an amendment. should agree then that with this bill we The CHAIR. The Clerk will designate sider amendment No. 14 printed in part should take and give back to the Amer- the amendment. A of House Report 111–578. ican taxpayer the stimulus money that The text of the amendment is as fol- Mr. NEUGEBAUER. Mr. Chairman, I has not been spent. lows: have an amendment at the desk. My amendment would reduce the FY Page 2, line 18, after the dollar amount, in- The CHAIR. The Clerk will designate sert ‘‘(reduced by $250,000)’’. the amendment. 2011 spending bill by the same amount Page 2, line 22, after the dollar amount, in- The text of the amendment is as fol- that’s yet to be committed from the sert ‘‘(reduced by $50,000)’’. lows: $61.7 billion included in the 2009 eco- Page 2, line 24, after the dollar amount, in- At the end of the bill (before the short nomic stimulus bill for transportation sert ‘‘(reduced by $175,000)’’. title) insert the following: and housing programs. According to Page 3, line 1, after the dollar amount, in- SEC. l. Appropriations made in this Act the Appropriations Committee report, sert ‘‘(reduced by $100,000)’’. are hereby reduced in the amount of Page 3, line 4, after the dollar amount, in- $10.52 billion went to programs that $10,520,000,000. sert ‘‘(increased by $100,000)’’. have not been committed to yet, and Page 9, line 22, after the dollar amount, in- The CHAIR. Pursuant to House Reso- much less, the money has not been sert ‘‘(increased by $225,000)’’. lution 1569, the gentleman from Texas spent or is not out the door.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6373 If Americans go to recovery.gov and Mr. OLVER. Mr. Chairman, I rise to have it given to us, is an amendment review the agency reports for the De- oppose the amendment. that simply takes from the bottom line partment of Transportation or Housing The CHAIR. The gentleman from of the bill before us from the discre- and Urban Development, they will Massachusetts is recognized for 5 min- tionary amount a total of $10.5 billion, learn that we’re once again double-dip- utes. and I must oppose that proposal. ping on the backs of their children and Mr. OLVER. Mr. Chairman, I would In closing, I just want to repeat their grandchildren. Here are just a few oppose the amendment, both as the again that our bill is already $1.3 bil- examples of programs receiving more gentleman has described it and also as lion below the President’s request that, money in today’s spending bill that has it is written. As the amendment is as I had said earlier today, and have money left from the 2009 stimulus bill. written and in our hands, it is a said at least twice, that we have used One of those is the bill that is before straight across-the-board amendment the President’s request. We have not us today, $2 billion for capital invest- of a couple of billion dollars difference funded, in the base bill that is here ment grants. While these grants may from the one that was offered by Mr. today, several items that have never provide worthy investments in the in- CULBERSON earlier and has been de- been authorized and really require au- frastructure, there is still $800 million feated by roll call vote in the last thorization that total $4.8 billion. left from the stimulus that has not round of roll calls. The CHAIR. The time of the gen- been spent. As described by the gentleman, he is tleman has expired. Today’s bill includes $3.5 billion in dealing with monies that are not yet The question is on the amendment grants for airports. However, there’s expended in the Recovery Act. offered by the gentleman from Texas more than $1 billion left from the stim- And those monies in the Recovery (Mr. NEUGEBAUER). ulus bill. Act are ones that are, in the Recovery The question was taken; and the Grants to the Amtrak system that Act, those are monies, some of which Chair announced that the noes ap- were slated to receive $563 million al- are under high-speed rail or TIGER peared to have it. ready has almost $1.3 billion ready to Grants, those monies have not yet been Mr. NEUGEBAUER. Mr. Chairman, go out the door as we so often hear but fully obligated, but they were not ex- on that I request a recorded vote. actually not spent. pected ever to have expended out in The CHAIR. Pursuant to clause 6 of Moving on to housing, we still have this first couple of years of the Recov- rule XVIII, further proceedings on the $2.2 billion in the Home Investment ery Act’s life. amendment offered by the gentleman Partnership Program to spend from the They were expected to be expended from Texas will be postponed. stimulus, but today, we’re poised to within the next 2 or 3 years at our AMENDMENT NO. 15 OFFERED BY MR. BRALEY OF add another $1.8 billion on top of the given time until the end of fiscal 2012 IOWA 2.2 that hasn’t been spent. to be expended. Others are being ex- The CHAIR. It is now in order to con- b 1850 pended and really going into jobs right sider amendment No. 15 printed in part Mr. Chairman, as we learned on Tues- now, day after day after day. Every A of House Report 111–578. Mr. BRALEY of Iowa. Mr. Chairman, day, we can raise up, rise above the day, more of the monies that spend out I have an amendment at the desk. partisan differences and put a stop to more rapidly get used and get counted The CHAIR. The Clerk will designate these projects that aren’t working, as having been expended at the end of the amendment. won’t be funded and aren’t completed every month. But the amendment that is in our The text of the amendment is as fol- and ready to be taken off the books. lows: Today we have an opportunity once hands is specifically merely a sum of money taken off the bottom line of the Page 77, line 4, after the dollar amount, in- again this time to vote to actually re- sert ‘‘(reduced by $20,000,000)’’. duce spending and the deficit. bill on all appropriated funds, which is Page 78, line 8, after the dollar amount, in- I recall the proponents arguing about all of the discretionary $67 billion, and sert ‘‘(reduced by $20,000,000)’’. this stimulus bill and how it’s going to $10 billion off $67 billion would be about Page 98, line 21, after the dollar amount, create new jobs for the American peo- 16 or so, 15 or 16 percent of that appro- insert ‘‘(increased by $20,000,000)’’. ple. We were going to spend nearly a priated money that the bill involved. The CHAIR. Pursuant to House Reso- trillion dollars. We were going to cre- But it has nothing to do with monies lution 1569, the gentleman from Iowa ate all these jobs. Unfortunately, un- that are related to the ARRA. (Mr. BRALEY) and a Member opposed employment was not going to go above Mr. NEUGEBAUER. Will the gen- each will control 5 minutes. 8 percent. Today 9.5 percent of the tleman yield? The Chair recognizes the gentleman American people are out of work. We Mr. OLVER. I would be happy to from Iowa. have lost 2.7 million jobs since this yield to the gentleman. Mr. BRALEY of Iowa. Mr. Chairman, stimulus bill has passed. Mr. NEUGEBAUER. Thank you. I rise today to support the amendment Mr. Chairman, let’s give the Amer- In the particular category you are that I have offered to increase funds ican people a break here. Let’s give talking about, $116 million is still within the Community Development them their money back. This is money available. You only spent $6.9 million, Block Grant by $20 million to be used we don’t have. We don’t have a lot of yet you are asking for $1.4 billion. We for disaster relief and recovery in the money that’s in this bill. For every were told that this money was going to Midwest by reducing funding for the dollar we are going to spend we are go out the door real quickly to create administration operations and manage- going to borrow 43 cents. We are going jobs for the American people, yet we ment and nonpersonnel expenses in the to charge it to our children and our have a lot of these categories that still bill. grandchildren. have a substantial amount of money. This past weekend, heavy rains Quite honestly, it is not sustainable. We are plussing up with new money caused major flooding in parts of my Our national debt is $13 trillion today. when we haven’t even spent the money district. Lake Delhi, which you see on We are headed to $20 trillion. We are we had before. And I think this sense of this illustration, was a treasured sum- headed to having debt almost equal to urgency must have gone away because mer retreat. It’s gone. The 9-mile long 90 percent of our total economy. these projects, the money has not been lake disappeared after sudden flood wa- Mr. Chairman, let’s give the Amer- spent. ters breached its 92-year-old dam on ican people a break. Let’s give them Mr. OLVER. Reclaiming my time, Saturday morning. I was standing at their $10 billion back. A lot of people but the gentleman is not talking about the south end of the dam watching this say, well, it’s just $10 billion; but that’s the amendment that is before us. He is happen at 1 o’clock in the afternoon. the problem around here. People don’t talking about a different issue, about Over a dozen other communities in take money seriously because it’s not money that has not been expended in my district are also experiencing major real money to them because we are ARRA funds or money that has not yet flooding this week. charging it to our children and our been expended in the 2010. I am not This $20 million increase to CDBG grandchildren. quite sure which it is. will be used to help aid flood relief and With that, I yield back the balance of But the amendment that is before us, recovery in the Midwest. The eligi- my time. at least as we have understood it, as we bility requirements for CDBG clearly

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6374 CONGRESSIONAL RECORD — HOUSE July 29, 2010 state that grant funds can be used for The CHAIR. The Clerk will designate not required to be appropriated or otherwise particularly urgent community devel- the amendment. made available by a provision of law is here- opment needs because existing condi- The text of the amendment is as fol- by reduced by 5 percent. tions pose a serious and immediate lows: The CHAIR. Pursuant to House Reso- threat to the public. At the end of the bill (before the short lution 1569, the gentlewoman from Ari- Due to the flooding, parts of my dis- title), insert the following: zona (Mrs. KIRKPATRICK) and a Member trict are currently experiencing serious SEC. 420. None of the funds made available opposed each will control 5 minutes. and immediate threats to the public. in this Act may be used to establish, issue, The Chair recognizes the gentle- Piles of flood-polluted garbage are pil- implement, administer, or enforce any prohi- woman from Arizona. bition or restriction on the establishment or Mrs. KIRKPATRICK of Arizona. Mr. ing up and raising serious public health effectiveness of any occupancy preference for concerns. veterans in supportive housing for the elder- Chairman, I rise in support of my You can see the damage that has ly that (1) is provided assistance by the De- amendment to cut by 5 percent all of been caused as the lake has drained. partment of Housing and Urban Develop- the discretionary spending in the Fis- The stench of rotting fish permeates ment, and (2)(A) is or would be located on cal Year 2011 Transportation, Housing the air around Lake Delhi. Many of the property of the Department of Veterans Af- and Urban Development Appropria- homes are experiencing major flood fairs, or (B) is subject to an enhanced use tions Act. I offer this amendment be- damage while values are expected to lease with the Department of Veterans Af- cause it is imperative that Washington fairs. plummet as the lake has disappeared. finally take notice and start acting to The CDBG funds have been used in The CHAIR. Pursuant to House Reso- combat this year’s record budget def- the past to aid in disaster relief and re- lution 1569, the gentleman from Ohio icit and fast-growing national debt, covery. In 1997, they were used to aid (Mr. TURNER) and a Member opposed which at last count amounted to an as- communities in the upper Midwest af- each will control 5 minutes. tounding $13.2 trillion. fected by severe flooding. The Chair recognizes the gentleman Just 2 weeks ago, the cochairs of the In 2002, emergency CDBG funds were from Ohio. nonpartisan Debt and Deficit Commis- Mr. TURNER. I want to thank the awarded to the State of New York for sion, former Republican Senator Alan Rules Committee for ruling my amend- assistance for properties and businesses Simpson and former Chief of Staff to ment in order and for providing this damaged by the terrorist attacks of 9/ President Bill Clinton, Erskine Bowles, opportunity to assist low-income sen- 11. These emergency funds helped these said that if the government fails to iors and our Nation’s veterans with ob- businesses with economic revitaliza- take action, our debilitating Federal taining safe and quality housing. tion. debt will destroy the country from This amendment is a narrowly tai- within. Bowles further described the 1900 b lored, pro-veteran amendment which debt as a cancer on our Nation. I look forward to working with the allows the VA to maintain its require- There are plenty of folks in my dis- Department of Housing and Urban De- ment of a veteran’s preference on HUD- trict and all across the country who velopment, as well as the State of financed housing on VA campuses. Un- are finding ways to raise families, run Iowa, to ensure that the CDBG funds fortunately, HUD has rules that don’t small businesses, and pay their bills de- are properly used to aid in flood recov- allow for a veteran’s preference for spite having lost their jobs or taking ery and relief. I urge everyone to sup- people who live in facilities built with deep pay cuts in this economic down- port flood relief for the Midwest. HUD funds, even if they are built on turn. If the families in my district have Mr. Chairman, I yield back the bal- VA property. My amendment simply been able to tighten their belts, then ance of my time. says that no funds in this bill could go surely the Federal Government can do Mr. OLVER. Mr. Chairman, I rise to toward enforcing these rules against a the same. claim time in opposition to the gentle- facility that is built on a VA campus or Congress should be leading by exam- man’s amendment, though I am not op- is utilizing a VA-enhanced use lease. ple when facing tough economic deci- posed to the amendment. Mr. OLVER. Will the gentleman sions. My proposed 5 percent congres- The CHAIR. Without objection, the yield? sional pay cut is just one way Members gentleman from Massachusetts is rec- Mr. TURNER. I yield to the gen- can show they are serious about tack- ognized for 5 minutes. tleman from Massachusetts. ling the looming fiscal crisis. That is Mr. OLVER. We carried this amend- There was no objection. why I have previously supported budg- ment last year. We accepted this Mr. OLVER. Mr. Chairman, I yield 1 et cuts to Federal programs and will amendment last year, and I am per- minute to the gentleman from Iowa. continue to support such cuts as our fectly happy to accept the amendment Mr. LATHAM. I thank the chairman. economy recovers, and that is why I again this year if that is acceptable to I certainly rise in support of the am offering this amendment. amendment. It is a disaster that hap- the gentleman. I strongly support building our na- Mr. TURNER. I would greatly appre- pened, and like the gentleman from tional infrastructure—roads and ciate that. It certainly goes to help our Iowa said, just to watch that dam col- bridges, affordable housing, quality veterans and our low-income seniors. lapse and all the damage that went education, and expanding broadband— Mr. Chairman, I yield back the bal- through afterwards was devastating to but our long-term fiscal health depends ance of my time. so many folks. And so I think this is a on Congress making hard choices today good amendment, and I’m very proud The CHAIR. The question is on the amendment offered by the gentleman to protect our ability to provide crit- to support it. ical infrastructure tomorrow. Mr. OLVER. I thank the gentleman from Ohio (Mr. TURNER). The amendment was agreed to. This amendment makes a 5 percent for his comments and I agree with him cut to the programs funded in this bill, totally. These kinds of disasters need AMENDMENT NO. 17 OFFERED BY MRS. KIRKPATRICK OF ARIZONA but ordinary families are seeing much to be taken care of as soon as can be bigger cuts to their income. I have to possible after they occur. The CHAIR. It is now in order to consider amendment No. 17 printed in part believe that if those families can con- Mr. Chairman, I yield back the bal- tinue to make ends meet in these ance of my time. A of House Report 111–578. Mrs. KIRKPATRICK of Arizona. Mr. tough times, the Transportation and The CHAIR. The question is on the Housing Departments can keep the im- amendment offered by the gentleman Chairman, I have an amendment at the desk. portant programs going with 95 cents from Iowa (Mr. BRALEY). The CHAIR. The Clerk will designate out of each dollar. The amendment was agreed to. the amendment. We are here to represent the folks AMENDMENT NO. 16 OFFERED BY MR. TURNER The text of the amendment is as fol- back home, the folks who understand The CHAIR. It is now in order to con- lows: that the old ways of Washington no sider amendment No. 16 printed in part At the end of the bill (before the short longer work for the American people. A of House Report 111–578. title), insert the following: Please join me in supporting this cut. Mr. TURNER. Mr. Chairman, I have SEC. ll. Each amount appropriated or Mr. Chairman, I yield back the bal- an amendment at the desk. otherwise made available by this Act that is ance of my time.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6375 Mr. OLVER. Mr. Chairman, I rise in woman from Arizona (Mrs. KIRK- before the out-of-control spending. Re- opposition to the amendment as pre- PATRICK). member, since 2008, there has been a 38 sented by the gentlewoman from Ari- The amendment was rejected. percent increase in this bill. So this zona. AMENDMENT NO. 18 OFFERED BY MR. JORDAN OF takes it back to a reasonable level, and The CHAIR. The gentleman from OHIO I would argue this is a modest first Massachusetts is recognized for 5 min- The CHAIR. It is now in order to con- step that the American people want us utes. sider amendment No. 18 printed in part to take. Mr. OLVER. Mr. Chairman, this A of House Report 111–578. Mr. Chairman, I reserve the balance amendment provides a new wrinkle on Mr. JORDAN of Ohio. Mr. Chairman, of my time. what we have been dealing with earlier. I have an amendment at the desk. Mr. OLVER. Mr. Chairman, I rise in Again, this is somewhat different from The CHAIR. The Clerk will designate opposition to the amendment. what the gentlewoman has expressed, the amendment. The CHAIR. The gentleman from but as written, it reads, ‘‘Each amount The text of the amendment is as fol- Massachusetts is recognized for 5 min- appropriated or otherwise made avail- lows: utes. able by this act that is not required to At the end of the bill (before the short Mr. OLVER. Mr. Chairman, the be appropriated or otherwise made title), insert the following: amendment is not a modest one by any available by a provision of law is here- SEC. ll. Appropriations made in this Act means. It is a double ax taken to the by reduced by 5 percent.’’ Now, what are hereby reduced in the amount of legislation that is involved. It takes $18 that means is it’s not just discre- $18,579,000,000. billion out of only the discretionary tionary expenditure, but it also applies The CHAIR. Pursuant to House Reso- amount of funding that is provided in to the nondiscretionary part of this lution 1569, the gentleman from Ohio the underlying bill. As such, that is be- bill. It is not just on the $67 billion of (Mr. JORDAN) and a Member opposed tween 20 and 25 percent of the reduc- discretionary expenditure that is part each will control 5 minutes. tion in all of the discretionary ac- of this underlying bill, but the whole The Chair recognizes the gentleman counts from the underlying bill. $126 billion, which covers all of the con- from Ohio. Who would have ever thought that we tractor authority for all of the small Mr. JORDAN of Ohio. Mr. Chairman, would have gotten so deep in deregula- safety agencies that get money out of who would have thought we would have tion and had our major financial serv- the Highway Trust Fund, and also ap- witnessed the things we have witnessed ices regulating agencies so asleep at plies to the moneys that go to the FTA in this country over the last 2 years? the switch that we would have ended that come out of the transit portion of Who would have ever thought the up in a housing crisis, a foreclosure cri- the Highway Trust Fund. So that is the President of the United States would sis, that has been raging to the point way that is written. fire the CEO of General Motors? where there are 6 or 8 million fore- There is a provision at the end, the Who would have ever thought in this closed homes? It almost brought, not part that I read, ‘‘or otherwise made great country we would see the tax- only the American financial system to available by a provision of law,’’ which payers bail out the financial industry its knees, but almost the whole world’s leaves CBO unable to score this amend- and bail out the auto industry? financial system to its knees. It ended ment at all, and they cannot tell us Who would have ever thought in this up with the Secretary of the Treasury, what it really is meant to do. It says it country we would have a pay czar—a under the administration of the pre- cannot be implemented in this form. pay czar—telling private American vious President, coming to Congress So I must oppose this amendment for citizens how much money they can and asking for us—begging us, begging all of those reasons, because it goes far make? the Congress—to bail out the biggest beyond the discretionary expenditure. Who would have ever thought in this banks in this country, the banks which That is different. Each of the earlier country we would have a major policy caused the housing crisis by running a large cut amendments have been ones change, done in a completely partisan casino on Wall Street. that purported to take only from the fashion, when the health care bill In that process, by that time, by the discretionary expenditure, and this one passed and when the majority of Amer- time they came to Congress to ask for covers all of what is involved in this icans opposed it? that bailout, we were already four legislation, both the discretionary and Who would have ever thought, as quarters into a recession in this coun- the contract authority supported parts OMB pointed out this past week, that try, a recession that raged throughout of the legislation, plus apparently some we would have a $1.4 trillion deficit— the whole of the year of 2008 and on other things. the largest deficit in American his- into at least the first two quarters of Mrs. KIRKPATRICK of Arizona. Will tory—and a $13 trillion national debt? 2009. the chairman yield? On the path we are on currently, by We have begun to come back out of Mr. OLVER. I will be glad to yield to 2020, we will have a $26 trillion deficit. that recession. We passed a stimulus the gentlewoman. Who would have thought those things bill within 1 month of the new Presi- Mrs. KIRKPATRICK of Arizona. would take place? dent’s being inaugurated, which, with- Chairman OLVER, the intent is to cut I would argue, although the other in another month, turned job losses to only discretionary spending by 5 per- side is going to say, ‘‘Oh, this is ter- job gains—or at least to a reduction of cent. I will be happy to work with you rible. We can’t reduce the spending job losses for a series of months. Now, to clarify that language. level in this bill to the amount that in the last 6 months or so, there have Mr. OLVER. Well, we cannot change the gentleman wants,’’ this is a modest been job gains. We have been out of the the language of the amendment at this first step. This is a modest initial step recession, but it is not a recovery that point. I would be happy to work with towards providing some fiscal sanity to is happening very quickly. the gentlewoman to find out exactly this town and to this Congress. Whoever would have thought that all what was intended to be done here and My amendment is real simple. It says of those things would have happened? try to work with you, but for the mo- this bill should go back and we should We have a series of economists who ment, I must oppose this amendment. spend it at 2008 baseline levels. After pointed out we had to do exactly those Mrs. KIRKPATRICK of Arizona. I all, a lot of families are living on some- things—first, the bailout of the banks, agree to work with you. thing less. A lot of families have had to which most of us in Congress, I think Mr. OLVER. Mr. Chairman, I think live on what they were functioning on from both sides, voted for, and there enough has been said. It cannot be in 2008. A lot of small businesses are were people on the other side of the amended. It cannot be implemented. It functioning on what they had to in aisle who voted for that legislation. cannot even be scored to know how 2008. Most of us expected that there would much is really involved in it. Why in the heck can’t the Federal be some kind of evenhanded handling b 1910 Government do the same thing? of the largest investment banks and I yield back the balance of my time. This amendment takes us back to also of those who had been bilked out The CHAIR. The question is on the 2008 levels, which was before the bail- of their money in the housing crisis amendment offered by the gentle- outs, before the so-called ‘‘stimulus,’’ and who had gone through foreclosures,

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6376 CONGRESSIONAL RECORD — HOUSE July 29, 2010 but the foreclosure crisis has gone on The CHAIR. The question is on the cars off the road. Passenger rail also and gone on and gone on much farther amendment offered by the gentleman consumes less energy than both auto- than it should have been allowed to go. from Ohio (Mr. JORDAN). mobiles and commercial airlines. Whoever would have thought that all The question was taken; and the Moreover, Amtrak plays a vital role of those things would have happened in Chair announced that the noes ap- in emergency preparedness and recov- America? peared to have it. ery during Hurricane Katrina. In fact, We are now coming out of this reces- Mr. JORDAN of Ohio. Mr. Chairman, Amtrak was the only entity that could sion. If an amendment were imple- I demand a recorded vote. get into New Orleans to evacuate vic- mented, such as the one the gentleman The CHAIR. Pursuant to clause 6 of tims and deliver food, water, and sup- from Ohio has proposed, it would send rule XVIII, further proceedings on the plies. us right back into the recession. We amendment offered by the gentleman Amtrak has made significant im- cannot do this. Though, I wonder, as I from Ohio will be postponed. provements in its system over the last think I may have asked you earlier, It is the Chair’s understanding that several years, has steadily increased Mr. Chairman: Is this a deliberate ef- amendment No. 19 will not be offered. ridership numbers, plays a vital role in fort to put us back into a double-dip re- AMENDMENT NO. 20 OFFERED BY MR. FLAKE disaster recovery, and has an ambi- cession that would be so similar to the The CHAIR. It is now in order to con- tious agenda for future growth. Great Depression? sider amendment No. 20 printed in part This was exactly what happened in A of House Report 111–578. Indeed, it was Congresswoman 1937, which was 4 years after the inau- Mr. FLAKE. Mr. Chairman, I wish to BACHMANN and her Republican col- guration of FDR. Four years later, we offer the amendment on behalf of Con- leagues that put this country in this terrible debt and financial situation went back into a recession, which took gresswoman BACHMANN. another 4 years of experiencing a really The CHAIR. The Clerk will designate that we’re in right now by rubber- very, very bad economy. We are coming the amendment. stamping the Bush tax cut for the rich year after year, what I call ‘‘reverse out with the rather prudent actions The text of the amendment is as fol- Robin Hood.’’ We’re robbing from the that have been taken by Congress and lows: by this administration, and we must poor and working people to give tax Page 53, line 3, after the dollar amount in- breaks to the rich. continue on that path. sert ‘‘(reduced by $1,203,500,000)’’. The CHAIR. The time of the gen- The CHAIR. Pursuant to House Reso- I encourage my colleagues to support tleman has expired. lution 1569, the gentleman from Ari- your constituents, support Amtrak, and vote ‘‘no’’ on this terrible amend- Mr. JORDAN of Ohio. Just a couple zona (Mr. FLAKE) and a Member op- of quick responses to the chairman’s posed each will control 5 minutes. ment. comments. The Chair recognizes the gentleman I have a letter that I want to submit Mr. Chairman, first of all, I voted from Arizona. for the RECORD from the chairman of against the bank bailout, the TARP Mr. FLAKE. Mr. Chairman, this Amtrak, Joe Boardman. bailout. If my memory serves me cor- amendment would simply reduce fund- And I just want to give one state- rectly, the gentleman voted for that ing for capital and debt service grants ment. The lack of capital funds would proposal. to the National Railroad Passenger deny intercity passenger rail service to Second, the chairman’s comments Corporation for capital investments by 29 million people in over 500 commu- about how this is such a dramatic cut $1.2 million. nities in 46 States. is a great example of how out of touch I reserve the balance of my time. And remember, folks, if it’s FLAKE, this town is with the American people. Mr. OLVER. Mr. Chairman, I claim it’s ‘‘no.’’ All this amendment does is say let’s time in opposition to the amendment. NATIONAL RAILROAD spend what we spent just 2 years ago, The CHAIR. The gentleman from PASSENGER CORPORATION, in 2008. Go talk to average Americans. Massachusetts is recognized for 5 min- They think that’s probably something Washington, DC, July 29, 2010. utes. Hon. MEMBER OF CONGRESS, the Federal Government could do— Mr. OLVER. I yield such time as she Washington, DC. spend what we were spending 2 years may consume to the gentlewoman from DEAR REPRESENTATIVE: I am writing to ad- ago. Florida (Ms. CORRINE BROWN), who is vise you what the impact to Amtrak would Also, remember that this bill is a 38 the chairperson of the authorizing be if Representative Bachmann’s amendment percent increase over 2008. That’s on committee for rail. to eliminate $1.2 billion in capital funding is top of the transportation spending that Ms. CORRINE BROWN of Florida. I adopted during today’s floor debate of the was in the stimulus bill. So it’s even encourage my colleagues to oppose this FY11 Transportation, Housing and Urban De- velopment, and Related Agencies bill. If en- bigger than 38 percent, this increase terrible amendment. over 2008. acted, Amtrak would have no capital invest- Rail in America is experiencing a ment program for FY11. The lack of a capital Finally, I would say this: If big gov- renaissance that we haven’t seen in 50 funding program would deny intercity pas- ernment spending, if big government years. All forms of passenger rail, in- senger rail service to 29 million people in taxation, if big government regulation cluding Amtrak, are seeing increased over 500 communities in 46 states. Amtrak is were going to get us out of this eco- ridership numbers. In fact, in 2009 Am- on track to have the highest ridership year nomic mess, well, heck, we’d have been trak welcomed aboard over 27 million ever, carrying more people, more places than out of it a long time ago because that’s passengers, the second largest annual we did two years ago when the country was experiencing record high gas prices. This all this government has been doing for total in Amtrak history. An average of 2 years. amendment would require us to furlough more than 74,000 passengers ride more nearly all of our 20,000 employees who live in than 300 Amtrak trains per day. And nearly every state in the Union. It would b 1920 with gridlocked roadways and ever in- hamper the operation of key commuter rail Mr. Chairman, I will just close with creasing prices in gas, ridership will services in major metropolitan areas includ- this. How bad does it have to get before only increase. ing much of the Northeast, Chicago, Seattle, we can begin to reduce some spending Amtrak provides a majority of all and Northern and Southern California, and around here? Do we have to have a $2 intercity passenger rail in the United we would default on commercial loans which finance most of our equipment. trillion deficit? Do we have to get to States, with more States and localities $30 trillion in debt? I mean, how bad across America turning to passenger Just under two years ago, Congress recog- does it have to get before we can start rail to meet the transportation needs nized the importance of intercity passenger rail and approved a reauthorization of Am- to do those things that make sense and of their citizens. trak in the Passenger Rail Investment and that will guarantee a prosperous future Amtrak reduces congestion and im- Improvement Act. Amtrak’s appropriations for our kids and our grandkids? proves our energy independence. One request for FY11 is in line with this congres- I yield back the balance of my time. full passenger train can take 250 to 350 sionally-approved authorization.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6377 Investment in Amtrak’s capital program funding provided by the federal government, It is now in order to consider amend- creates jobs, provides energy efficient mobil- Amtrak won’t be able to maintain its own rail ments printed in part B of House Re- ity, and allows us to keep America’s pas- network. Amtrak is then left with two choices: port 111–578. senger railroad safe and reliable. Sincerely, shut-down or jeopardize the safety of millions PART B AMENDMENT NO. 2 OFFERED BY MR. FLAKE JOE BOARDMAN, of Amtrak riders, passengers on the commuter President and Chief Executive Officer. railroads that operate along the Northeast Cor- Mr. FLAKE. I have an amendment at Mr. FLAKE. Mr. Chairman, let me ridor, and the crewmembers of at least two the desk designated as No. 2, Part B. The CHAIR. The Clerk will designate just say, I misspoke earlier; I left off freight railroads—Norfolk Southern and CSX, the amendment. three zeros. This amendment would which rely upon Amtrak’s infrastructure and The text of the amendment is as fol- save $1.2 billion, not $1.2 million. It’s dispatching services in the Corridor. lows: easy to mess that up these days, given Amtrak won’t be able to replace any ties; fix all the zeros we’re talking about. any track, tunnels, or bridges; make station At the end of the bill (before the short improvements; overhaul equipment; or invest title), insert the following: The U.S. Department of Transpor- SEC. ll. None of the funds provided in tation calculates that the average Am- in much-needed safety and security improve- this Act under the heading ‘‘Federal High- trak passenger receives a $210 Federal ments. Further, the railroad won’t be able to way Administration—Federal-Aid Highways subsidy for their ticket. Larger sub- make any of the capital improvements nec- (Limitation on Obligations)’’ shall be avail- sidies obviously go to underperforming essary to make the 481 Amtrak-served sta- able for the Blackstone River Bikeway routes and those traveling in first class tions, platforms, parking facilities, and other project in Rhode Island, and the aggregate or sleeper cars. In fact, the Federal structures accessible to persons with disabil- amount otherwise provided under such head- Government says that it could actually ities, as required under the Americans with ing is hereby reduced by $1,000,000. save money by buying a plane ticket Disabilities Act (ADA). The CHAIR. Pursuant to House Reso- for every passenger on some of the Funding for Amtrak’s fleet plan would be lution 1569, the gentleman from Ari- worst performing routes, like that decimated. The fleet, both locomotives and zona (Mr. FLAKE) and a Member op- from Orlando to L.A., for example. This railcars, are the only means for Amtrak to proposed each will control 5 minutes. has been going on for a long, long time, vide service. If Amtrak’s fleet can’t be main- The Chair recognizes the gentleman and we’re always told that Amtrak will tained, then Amtrak can’t provide service— from Arizona. Mr. FLAKE. This amendment would be self-sufficient just around the cor- certainly not safe and reliable service. prohibit $1 million from going to the ner, or that something else will hap- Right now, the average age of Amtrak’s Rhode Island Department of Transpor- pen; and it simply never does. It’s kind passenger car fleet is 25. The mainstay of the tation for the Blackstone River Bike- of the transportation version of corn Amtrak fleet are 412 ‘‘Amfleet I’’ passenger way, and it would reduce the overall ethanol subsidies. So, I don’t want to cars commonly used on the Northeast Cor- cost of the bill by a commensurate anger another group here. ridor; these cars were built between 1974 and But anyway, it just seems to never, amount. 1977 and are presently beyond their assumed This particular earmark would fund a never end; and we keep subsidizing on 30-year commercial life cycle. Amtrak’s Herit- and on. It might be one thing if we project to construct a 31⁄2 mile route or age Equipment railcars were built as far back portion of a bikeway in North Smith- were running a big surplus to do this. as 1948. Baggage cars, used on long distance We’re not: 42 or 41 cents on every dollar field, and Woonsocket, including the trains, were built between 1950 and 1961. construction of sections that would we spend this year will be borrowed Dining cars, also used on long distance trains, from future generations, from the Chi- connect a public library, a planned were built between 1948 and 1958. The loco- nese, from other bond holders. When middle school complex, and several motive fleet fares no better. Amtrak’s loco- we’re spending, when we’re borrowing bridges. motives average 21 years of age. Based on 42 cents on every dollar, I think it be- Here we have a project that is de- the 20-year commercial life cycle of a loco- hooves us to look for areas where we scribed as a cyclist’s paradise of mill motive, replacement locomotives are already can save; and this is a modest area villages and farming communities in overdue. here, to cut some, just a small portion, Massachusetts and Rhode Island. Ac- Amtrak plans to overhaul its fleet and pur- of the subsidy that we currently pro- cording to the Web site of the project, chase new equipment over the next several vide. the bikeway is being developed thanks I yield back the balance of my time. years. Amtrak is already in discussions with largely to Federal transportation fund- Mr. OLVER. Mr. Chairman, I just General Electric to purchase new locomotives, ing, and it’s an effort among Rhode Is- want to express that this amendment and with other companies to purchase new rail land Department of Environmental for a program which is totally author- cars and parts for maintenance for the existing Management to Massachusetts Depart- ized, and we are not running above the fleet, which in turn will provide hundreds if not ment of Conservation and Recreation authorization number on Amtrak by thousands of jobs for an entire industry (rail- and on and on, some other entities as any means at all, but this is a killer way suppliers) that is rapidly declining in well. America. But without capital funding, that amendment for Amtrak to remove all b 1930 of their capital funds, as this amend- won’t happen. Well, certainly Federal transpor- ment purports to do. So I oppose the No funding for capital means no jobs. tation funding is right. There is a lot of amendment, and urge a ‘‘no’’ vote on According to the Association of American it going here. And a lot of earmarks the amendment. Railroads, if Amtrak shutdown, the freight rail Mr. OBERSTAR. Mr. Chair, I rise in strong industry would lose an estimated $5.3 billion have gone this way as well. Over the opposition to this amendment. This amend- over the next six years at a time when the past several years, this project has re- ment eliminates all of Amtrak’s capital and freight railroads are just starting to recover ceived several earmarks. In fact, Citi- debt service grants but the $132 million that from the economic crisis and bring people zens Against Government Waste has in Amtrak receives from state and local agencies back to work. their waste Pig Book this project has for capital improvements. I urge Members to oppose this amendment. received five earmarks in transpor- This amendment is nothing more than a re- Mr. OLVER. I yield back the balance tation appropriations bills worth near- hash of the Bush Administration’s numerous of my time. ly $7 million since 2002, including, last yet unsuccessful attempts to force Amtrak into The CHAIR. The question is on the year, same project received a $475,000 bankruptcy. amendment offered by the gentleman earmark; in 2005, a $500,000 earmark; Let’s be clear: This is a shut-down amend- from Arizona (Mr. FLAKE). 2004, a $1.5 million earmark; 2003, a $3 ment. A shut-down of Amtrak will strand mil- The question was taken; and the million earmark; 2002, a $1.5 million lions of rail passengers, disrupt commuter op- Chair announced that the noes ap- earmark. Why are we doing this? erations, add to our already congested roads peared to have it. Here we are, as we just mentioned, and airports, eliminate well over 20,000 jobs Mr. FLAKE. Mr. Chairman, I demand running a deficit of about $1.4 trillion nationwide, and jeopardize local economies a recorded vote. this year. We have a national debt and businesses that depend on Amtrak’s serv- The CHAIR. Pursuant to clause 6 of north of $13 trillion. Forty-two cents of ice. rule XVIII, further proceedings on the every dollar we spend this year will be The gentle lady from Minnesota (Mrs. amendment offered by the gentleman borrowed. Yet we can’t wean ourselves BACHMANN) must know that without capital from Arizona will be postponed. off these kind of earmarks.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6378 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Bike paths. I love biking. I will go bill that has more than 400 earmarks a public health issue. We will be paying home this weekend and bike. But why worth more than $300 million is not an for this public health problem if people in the world should the taxpayers at insignificant sum. don’t exercise. But this gentleman the Federal level be on the hook for an Now, you can have a chart that takes seems to dismiss the cost of a bike earmark for a bike path in Rhode Is- the overall amount that the bill spends path. The point is that once again, cost land? Why did we just choose this one? and then make $300 million look pretty of everything, value of nothing. That’s part of the problem of this sys- small. But only in Washington will So we’ll hear a bunch of these amend- tem of earmarking that we have. people say, yeah, that looks pretty ments come on down the pike. I just I look at this chart. The contem- small. Anywhere else in the country ask people to keep in mind this is com- porary practice of earmarking is very they’re going to say that’s a pretty big ing up on the silly season, election much a spoils system. And if we look amount. And everybody knows how the time. People will sound like they care at the bill that we are considering game works here. Earmarks are, as has a lot about your bottom line. But the right now, THUD, this is actually one been said by many, the gateway drug real issue is, do they really care about of the least egregious offenders. If you to spending addiction. Once you start the other kinds of deficits? The deficits look at the red area, that’s the per- getting earmarks, you start approving in education. centage of earmark dollars that are bloated appropriations bills worth $67 You can only make first grade once claimed by members of the Appropria- billion. And if you didn’t have your in your life, second grade once, third tions Committee or members of leader- earmark in there, you wouldn’t be like- grade once. And if your kid’s in the ship or chairmen of committees. They ly to keep increasing the amounts that classroom with 35 kids that year be- represent about 13 percent of this body, we spend every year. cause we decide to save money, guess yet they claim, look at this, look at Now, some may point out, hey, we what? Too bad for your kid. They have the red, some bills, in the ag appropria- are down this year from last year, but no dress rehearsal in their life. No tions bill 76 percent of all earmarks we were up 28 percent last year from dress rehearsal. So if we decide to save will go to these 13 percent of powerful the year before. That is what has got money this year, too bad for that kid members. In this bill, 42 percent. us into this problem where we have a because we all of a sudden got serious That’s the problem. How do we deficit of $1.4 trillion and we are bor- about our deficit. choose this bike path as opposed to one rowing 42 cents on every dollar, and Forget their deficit that they’re in Utah or one in Alaska or somewhere then we dismiss $300 million as insig- going to live with for the rest of their else? It’s a spoils system that has to nificant. life in terms of human potential be- stop. And if we can’t stop it this year, I mean you can use a magnifying cause that wasn’t on their balance when we’re running a deficit of $1.4 glass and try to make it sound like it’s sheet, ladies and gentlemen. That GNP trillion, when will we stop it? small, but it’s $300 million. And people never factored into their timetable, I reserve the balance of my time. across the country are saying if we into their value system. That’s not the Mr. OLVER. Mr. Chairman, I rise to don’t start here, where do we start? If GNP they were looking at. So let’s oppose the amendment. we can’t do this, will we ever reform start changing the way we value what The CHAIR. The gentleman from the entitlement programs we have to our economy is and what it is that we Massachusetts is recognized for 5 min- reform? value when we’re looking at dollars utes. Mr. OLVER. Mr. Chairman, I yield and common sense. Mr. OLVER. I urge a ‘‘no’’ vote. the balance of my time to the distin- The CHAIR. The question is on the I yield 2 minutes to the gentleman guished gentleman from Rhode Island amendment offered by the gentleman from Wisconsin (Mr. OBEY). (Mr. KENNEDY). from Arizona (Mr. FLAKE). Mr. OBEY. Mr. Chairman, to hear the (Mr. KENNEDY asked and was given The question was taken; and the gentleman talk, you would think that permission to revise and extend his re- Chair announced that the noes ap- this bill is being gobbled up by a huge marks). peared to have it. number of earmarks, causing the def- Mr. KENNEDY. It seems like my col- Mr. FLAKE. Mr. Chairman, I demand icit to explode. The gentleman used a leagues, as the saying goes, know the a recorded vote. chart. I’ve got a chart too. This bar cost of everything but the value of The CHAIR. Pursuant to clause 6 of represents the total spending in this nothing. I think the gentleman is ex- rule XVIII, further proceedings on the bill, $67 billion. This bar represents the actly right, entitlements. That’s where amendment offered by the gentleman portion of that bill represented by ear- the money is. We all know it. And yet from Arizona will be postponed. marks. Mr. Chairman, I have a tough my colleagues have not seen fit to in- b 1940 time finding it. Oh, yeah, with this crease research, biomedical research PART B AMENDMENT NO. 4 OFFERED BY MR. magnifying glass I can almost see the that could show enormous offsets in FLAKE bar that represents the earmarks. Less the cost of care for people with Alz- Mr. FLAKE. Mr. Chairman, I have an than one-half of 1 percent of this bill heimer’s, autism, Parkinson’s, epi- amendment at the desk designated as are represented by earmarks. lepsy. But that’s just the costs. Think No. 4, part B. And you know what? The last time I about the difference in people’s lives The CHAIR. The Clerk will designate looked, the Constitution gave the Con- that research in helping people live the amendment. gress the power of the purse. No Con- more functional lives, the cost in their The text of the amendment is as fol- gress has ever changed any President’s quality of life that could make. lows: budget by more than 3 percent in all But are they talking about savings in At the end of the bill (before the short the time I have been here. And that 3 those respects? No, they’re just talking title), insert the following: percent difference is the difference be- about dollars and cents that seem to fit SEC. ll. None of the funds provided in tween having a President and having a on a piece of paper, but not in a dif- this Act under the heading ‘‘Federal High- king. And whether the President is Re- ference in people’s lives. Here they’re way Administration—Federal-Aid Highways (Limitation on Obligations)’’ shall be avail- publican or Democratic, I want a Presi- talking about a couple million dollars able for the Downtown Tacoma Streetscapes dent. I don’t want a king. on a bike path. They say that that is Improvement Project in Washington, and the So all I would suggest to the gen- something we shouldn’t care about. I’m aggregate amount otherwise provided under tleman from Arizona is that he keep the Congressman from that district. I such heading is hereby reduced by $1,000,000. this in perspective. Keep it in perspec- know what dollars come back home. I The CHAIR. Pursuant to House Reso- tive. Or as my old friend Archie the know the value of this bike path. It lution 1569, the gentleman from Ari- cockroach said once long ago, ‘‘Per- helps get people to enjoy the quality of zona (Mr. FLAKE) and a Member op- spective is everything. Of what use is it their life. posed each will control 5 minutes. for a queen bee to fall in love with a In case people don’t understand, The Chair recognizes the gentleman bull?’’ there is a public health epidemic. It’s from Arizona. Mr. FLAKE. I don’t think we want to called diabetes. It’s called lack of exer- Mr. FLAKE. Before I start on this talk about bull. I don’t know how it is cise. I think we actually ought to be amendment, let me address what was in Wisconsin, but in Arizona, to have a encouraging people to be outdoors. It is just said here.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6379 We’re told by challenging these ear- that bill because that’s indiscriminate; from this body back to their districts marks, $300 million in this bill, that it would cut out all programs. Here, this next month and say why they we, those who want to save some we’re talking about one specific voted against an amendment to strike money here, know the cost of every- project. And you’re going to have to an earmark for downtown beautifi- thing and the value of nothing. I think justify voting against amendments to cation in one city that was just picked we better translate that into Chinese. remove funding for a streetscape in Ta- by the Appropriations Committee and And the next time we try to auction coma, Washington, that was picked for why in the world it’s better to borrow our bonds and we have no takers and who knows why. 42 cents of every dollar we’re spending the Chinese won’t buy this paper, say, So I would just caution those who here from our kids and our grandkids ‘‘Hey, you know the cost of everything want to support this kind of ear- and our foreign debtors, why that is a but the value of nothing.’’ See where marking that people across the coun- good plan for economic development, that gets us. try are fed up with it, and they know why it wouldn’t be better to actually It does matter what kind of deficits when Members vote specifically on pay down the debt to lessen this deficit we run and what kind of debt we have. amendments to strike funding for these a bit. That’s what this is about. It matters. It matters a lot. We may projects that they would rather fund a So don’t think we can hide behind, say that it doesn’t around here or that project like this than actually help pay well, these were indiscriminate cuts. we’ll get serious about it later or that down the deficit we have. This is a specific cut to cut a certain we can fund all of the bike paths we I reserve the balance of my time. earmark from the bill, in this case, want this year or streetscapes or what- Mr. DICKS. Mr. Chairman, I rise to that would cut a million dollars. It’s ever we’re doing because we’ll get seri- claim the time in opposition to this not insignificant not to anyone outside ous about it next year, but we never amendment. of the Beltway. This is a specific seem to do it. The CHAIR. The gentleman from amendment to strike a million dollars I’ve been doing this for several years Washington is recognized for 5 min- in spending for a streetscape for beau- now, and I hear that all the time. utes. tification in a certain city. ‘‘Yeah, we’ll get to it later. This year Mr. DICKS. Today I rise in opposi- I think we ought to beautify the ap- we’ve got to do this,’’ and we never tion to the amendment from the gen- propriations process a little bit by ac- seem to get to it. tleman from Arizona. The Downtown tually having fewer earmarks and sav- So I would just challenge the cost of Tacoma Streetscapes Improvement ing a little money. everything, the value of nothing, those Project is a vital economic recovery I yield back the balance of my time. sayings. Yeah, they’re nice to hear, but tool for the City of Tacoma. Mr. DICKS. I strongly oppose the when you’re running a deficit of $1.4 The Tacoma area has an unemploy- gentleman’s amendment. trillion, I think there’s a little too ment rate of 9 percent. In addition, the I yield back the balance of my time. much cost there, and I think people largest downtown employer has re- The CHAIR. The question is on the across the country would agree. cently announced their plans to move. amendment offered by the gentleman This amendment would prohibit a In response, the community came to- from Arizona (Mr. FLAKE). million dollars going to the downtown gether and created a revitalization The question was taken; and the Tacoma streetscape improvements in plan to redevelop the downtown cor- Chair announced that the noes ap- Tacoma, Washington, and reduce ridor. peared to have it. spending in the bill by a commensurate The overall plan is estimated to cre- Mr. FLAKE. Mr. Chairman, I demand amount. According to the sponsor’s ate 500 new jobs and help transform the a recorded vote. Web site, the recipient will be the City local economy. This plan has strong The CHAIR. Pursuant to clause 6 of of Tacoma, and the funding would be local support through partnerships rule XVIII, further proceedings on the used toward streetscape improvements with the Tacoma-Pierce County Eco- amendment offered by the gentleman along Pacific Avenue in downtown Ta- nomic Development Board, the Ta- from Arizona will be postponed. coma. coma-Pierce County Chamber of Com- PART B AMENDMENT NO. 10 OFFERED BY MR. The City of Tacoma, I believe, has re- merce, the Executive Council for a FLAKE ceived a similar earmark in 2010 for Greater Tacoma, and the State of Mr. FLAKE. Mr. Chairman, I have an $800,000 to develop complete streets, in- Washington. The local business com- amendment at the desk designated as cluding new bike paths, widening side- munity and other stakeholders have No. 10, part B. walks, installing medians, street trees, come out in favor of the project. The CHAIR. The Clerk will designate and other amenities. The city is doing their part by in- the amendment. When do we stop here? Why do we vesting approximately $35 million in The text of the amendment is as fol- choose this one and say the City of Ta- local funds to implement the downtown lows: coma deserves another earmark, this revitalization plan. Federal invest- At the end of the bill (before the short time to use for streetscapes. There are ments serve as an important catalyst title), insert the following: a lot of cities around the country that to allow the leveraging of public and SEC. ll. None of the funds provided in need streetscapes, a lot of them that private dollars. this Act under the heading ‘‘Department of are probably deserving. But why in the This specific funding will be used to Housing and Urban Development—Commu- world did we choose this one? develop complete streets, which will nity Planning and Development—Commu- Again, it goes back to the spoils sys- involve transitioning existing right-of- nity Development Fund’’ shall be available tem I talked about. Powerful Members ways for multimobile use, including for the Restoration and Improvements to the on certain committees get the spoils, a new bike paths, widening sidewalks, Historic Darwin Martin House Home and Complex project of the Martin House Res- huge, disproportionate percentage of it. and installing medians along the city’s toration Corporation, New York, and the ag- So you can talk all high and mighty main downtown corridor. gregate amount otherwise provided under about how Members know their dis- Mr. Chairman, this is an important such heading (and the portion of such tricts better than those faceless bu- economic development project in my amount specified for the Economic Develop- reaucrats, but apparently, unless district, and I strongly oppose the gen- ment Initiative in the second paragraph you’re a chairman of an important tleman’s amendment and ask that the under such heading) are each hereby reduced committee or you’re on the right com- Members vote against it. by $1,000,000. mittee or you’re in leadership, you I reserve the balance of my time. The CHAIR. Pursuant to House Reso- don’t know your district very well. So Mr. FLAKE. Again, this bill has 461 lution 1569, the gentleman from Ari- it’s a spoils system that shouldn’t be earmarks, $328 million in those ear- zona (Mr. FLAKE) and a Member op- done. We ought to be saving money marks. I wish we could challenge them posed each will control 5 minutes. where we can. all. We can’t. We’ve only been allowed The Chair recognizes the gentleman And let me just remind Members here the opportunity to challenge four of from Arizona. that people across the country, it’s all them. So we will have a rollcall vote on Mr. FLAKE. This amendment would well and good to say we couldn’t take four amendments to strike these ear- prohibit $1 million from being used for 1 percent or one-half of 1 percent from marks. So Members will have to go a restoration and improvement project

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6380 CONGRESSIONAL RECORD — HOUSE July 29, 2010 at the historic Darwin D. Martin House Mr. Chairman, Buffalo, New York, is Of this $17 million, $8.34 million will be the and complex and would reduce the the third poorest city in the United earnings and wages of 198 workers who overall cost of the bill by a commensu- States. No one in their right mind would otherwise be jobless. rate amount. would ever accuse Buffalo of getting I hardly think now is the time to be striking According to the sponsors of the Web spoils. This complex is a very impor- jobs from hard working folks, during a period site, the entity that would receive the tant economic development tool for us. of economic hardship we have not seen since earmark is called the Martin House This amendment would strike an im- the Great Depression. Restoration Corporation, whose pur- portant lifeline to a place of cultural Additionally, The National Trust for Historic pose is to restore a structure designed and economic significance in a strug- Preservation will be convening its October by Frank Lloyd Wright at the turn of gling region that has been hit hard by 2011 national conference in Buffalo, a city of the 19th century. The MHRC’s Web site the recession. architectural masterpieces, including Frank says that it was formed in 1992 with a This house was completed in 1905. I Lloyd Wright’s Martin House Complex, a clear mandate. First part of this man- won’t go into all that. I simply want to lynchpin of the region’s architectural and cul- date: Raise the money to restore the say that Mr. Martin was the patron of tural tourism sectors. complex to its 1907 grandeur. Frank Lloyd Wright. He kept him Over 2,000 practitioners and opinion makers There are a lot of historic buildings going in good times and bad. Mr. from the fields of historic preservation, archi- around the country, a lot of them, that Wright did his best work on this com- tecture and design will be coming to see the need a lot of restoration. My own home plex. It has been allowed to degenerate Martin House. needs a lot of it. A lot of people are los- over the years because of a lack of Richard Moe, former president of the Na- ing their homes. Those homes need a money. The community has raised al- tional Trust, called the Martin House, ‘‘the lot of restoration. A lot of them are most all the money to restore this by most ambitious and well executed restoration losing them because of the Federal themselves. effort in his 15 years at the helm of the Trust.’’ Government’s spending ways. Now, let me tell you, Mr. FLAKE, we He went further to say he believed the Mar- b 1950 estimate that when this is finished, tin House holds the promise of becoming ‘‘the signature Frank Lloyd Wright site in America.’’ Yet here we are designating one consultants tell us that 42,000 to 83,000 This is a national success story that will project to receive a million dollars. visitors a year would come to see that bring millions of visitors to the Buffalo Niagara Again, let me say it one more time. house. It would generate $17 million in region and will be an anchor for the bur- This is not as if every Member comes economic impact annually. For this million dollars, Mr. FLAKE, you prob- geoning cultural tourism industry. here and is designated a million dollars New York State will have ‘‘book-end’’ Wright to take home and spend in their dis- ably would not get a better return on your money, and additionally the tax sites with the Guggenheim Museum in NYC trict on restoring homes. They aren’t. and the Martin House to the west, in the shad- The spoils system runs well here. If return would be significant. Of this $17 million, $8.34 million will ow of Niagara Falls and all its international you’re on the Appropriations Com- be the earnings and wages of 198 work- tourism appeal. mittee or you’re in leadership, you get ers who would otherwise be jobless. Please join us in opposition to this amend- the spoils. That’s why 42 percent of the This is not the time to be striking ment. earmarked dollars in this bill are going those jobs from these persons. ANNOUNCEMENT BY THE CHAIR to just 13 percent of the Members of One of the reasons that we are anx- The CHAIR. Members are reminded this body. In that sense, you can’t jus- ious to get it finished is that in Octo- to direct their comments to the Chair tify it nor can you justify spending a ber 2011, there will be a national con- and not to others in the second person. million dollars in this way when we’re ference convening in Buffalo with Mar- Mr. FLAKE. Mr. Chairman, I con- borrowing 42 cents of every dollar that tin House at its center bringing in tinue to reserve. we’ll spend this year. Mr. OLVER. I now yield the remain- We have a deficit of $1.47 trillion. We more than 2,000 people. It is our aim to der of my time to the gentleman from have a debt of $13.2 trillion. How in the try to make this magnificent structure Buffalo, New York (Mr. HIGGINS). world can we continue to do this, to and we invite you to come up. I know The CHAIR. The gentleman is recog- earmark money for projects like this, you would love it. We want to have it nized for 21⁄2 minutes. when we have that kind of deficit and finished. We believe that this will be a signifi- Mr. HIGGINS. Thank you, Mr. Chair- we have that kind of debt? man. I reserve the balance of my time. cant destination for everybody in Mr. OLVER. Mr. Chairman, I claim America who loves the finest architect Mr. Chairman, I rise today in strong time in opposition to the amendment. that America ever produced—Frank opposition to the Flake amendment. The CHAIR. The gentleman from Lloyd Wright. The best way to reduce deficits is to Massachusetts is recognized for 5 min- And, Mr. FLAKE, I do appreciate you. create jobs. utes. As you remember, it was my com- The Darwin Martin House in Buffalo Mr. OLVER. I yield 30 seconds to the mittee that put this in order. Thank is one of Frank Lloyd Wright’s singular gentleman from Wisconsin (Mr. OBEY). you very much. architectural masterpieces and is cur- Mr. OBEY. Mr. Chairman, the way I Mr. Chairman, I rise today in strong opposi- rently undergoing an ambitious project see it, we’re watching a let’s pretend tion to the Flake Amendment eliminating fund- to restore it from a period of neglect to attack on the deficit tonight by sin- ing for restoration of the historic Darwin Martin its original grandeur. gling out these items that cost about a House and complex in Buffalo, New York. The reason for its inclusion in the million bucks. This amendment would strike an important bill before us today is because restora- If Members are concerned about the lifeline to a place of cultural and economic sig- tion of the Martin House is important deficit, I would ask, why did they vote nificance in an already struggling region hit to the economic future of Buffalo and for two tax cuts, primarily aimed at hard by the recession. western New York. The Martin House rich people, that spent more than $2 The Darwin Martin House and complex was currently attracts tourists from all trillion? Why are they continuing to completed in 1905 in the historic Parkside over the world. This investment will insist that we provide further tax cuts neighborhood of Buffalo and is a testament to help create 200 jobs and $18 million in for people who make over $250,000 a the genius of famed American architect Frank annual economic activity for a million- year, again paid for with borrowed Lloyd Wright. dollar investment. money? Why did they vote to go into The Buffalo community has rallied behind Urban areas like Buffalo are two wars on borrowed money that cost this historic landmark, spearheading an ambi- leveraging our vast historical and ar- over a trillion dollars? That’s where tious effort to complete its full restoration after chitectural resources to create a new the real money is. years of neglect and disrepair, turning into economy in cultural tourism. This Mr. OLVER. I now yield 3 minutes to source of jobs and tourism revenue. project will play an important role in the gentlewoman from Rochester, New Consultants predict visitation levels at enhancing the economy and life quality York (Ms. SLAUGHTER). 42,000 to 83,000 visitors per year, which of western New York. Ms. SLAUGHTER. I appreciate the would generate $17 million in economic im- Mr. Chairman, I strongly oppose this gentleman’s yielding. pact for the region annually. amendment, and I urge my colleagues

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6381 on both sides of the aisle to support PART B AMENDMENT NO. 11 OFFERED BY MR. Mr. OLVER. I claim time in opposi- western New York and join me in oppo- FLAKE tion to this amendment. sition. Mr. FLAKE. Mr. Chairman, I have an The CHAIR. The gentleman from Mr. FLAKE. Mr. Chairman, I yield amendment at the desk designated as Massachusetts is recognized for 5 min- myself the balance of my time. No. 11 in part B made in order under utes. I do thank the gentlelady on the the rule. Mr. OLVER. Mr. Chairman, I yield Rules Committee for making this The CHAIR. The Clerk will designate such time as he may consume to Mr. amendment in order, at least a few of the amendment. PIERLUISI from Puerto Rico. mine. I do appreciate that. But I am The text of the amendment is as fol- Mr. PIERLUISI. Thank you, Mr. just baffled that the other side would lows: Chairman. continue to talk about—let’s gain per- At the end of the bill (before the short I rise in strong opposition to this spective here—we’re just talking about title), insert the following: amendment. I requested $150,000 to pur- a little money, and to basically belittle SEC. ll. None of the funds provided in chase equipment for a community and any attempt to save a million here or this Act under the heading ‘‘Department of recreational park for low-income chil- a million there. I just think that says Housing and Urban Development—Commu- dren in Yauco, Puerto Rico, a city in we’re out of touch completely with nity Planning and Development—Commu- the southwestern part of the island. nity Development Fund’’ shall be available what the country is going through, to for the Construction of a Children’s Play- The park will be constructed so that it say, hey, we’ve got a $1.4 trillion def- ground project of the Municipality of Yauco, is compliant with the Americans with icit this year, we’ve got a $13.2 trillion Puerto Rico, and the aggregate amount oth- Disabilities Act. debt that we’re going to need to pay erwise provided under such heading (and the This funding will supplement funding off, our kids and grandkids will be portion of such amount specified for the Eco- already provided for the project by the doing this forever, but we say, ‘‘Well, nomic Development Initiative in the second city of Yauco. This is one of the small- we can’t start here because it’s just too paragraph under such heading) are each est earmarks in this bill. It is unques- big. We really need to tackle those en- hereby reduced by $150,000. tionably an appropriate and viable use titlements.’’ Although I don’t see a The CHAIR. Pursuant to House Reso- of Federal funds. plan of anybody here on this side of the lution 1569, the gentleman from Ari- There currently is no recreational aisle who has presented this bill to ac- zona (Mr. FLAKE) and a Member op- park in Yauco, which is home to ap- tually tackle the entitlement proposed each will control 5 minutes, proximately 50,000 residents, has a pov- grams. Some of us have presented The Chair recognizes the gentleman erty rate of 56 percent and has an un- something. This road map that the from Arizona. employment rate of over 17 percent. gentleman from Wisconsin, the col- Mr. FLAKE. I thank the Chair. Furthermore, although there are over league of the gentleman who spoke be- This amendment would prohibit 75,000 children in Puerto Rico, I am ad- fore, has introduced is a great plan to $150,000 from being spent on the con- vised that there is not a single rec- actually address entitlement spending struction of a child’s playground. Now reational park in the entire south- as well. I am the father of five children. I un- western region of Puerto Rico that is But we’re here today to vote on four derstand the importance of having a ADA compliant and thus meaningfully specific amendments to save specific place for kids to play. Believe me, kids accessible to children with disabilities. money from specific projects; and need to let loose and expend some en- Earlier this week, Mr. Chairman, this that’s what you’ll have to go and an- ergy somewhere. But Federal spending House proudly commemorated the 20th swer to specific constituents about: has been let loose, far too loose, so anniversary of the ADA’s passage. whether you voted yes or no on amend- loose that we have this year a $1.4 tril- What better way is there to promote ments to strike a million dollars that lion deficit. We are borrowing 42 cents the goals of this landmark Federal law could be saved from a project like this on every dollar that we spend. than to provide a reasonable amount of funding to help equip a recreational one, from an earmark like this one. I b 2000 would venture to guess that your con- park that children with disabilities can stituents and my constituents would When we are doing this, we can’t just enjoy side by side with their able-bod- want you to do that. And it will be all of a sudden say we are going to ied friends. tough to explain by saying, ‘‘This is build playgrounds anywhere as a model The Department of Housing and just a little part of the budget. We for economic development or anything Urban Development states that a core can’t save here. We’re not addressing else. We can’t continue to spend money part of its mission is to build inclusive entitlement spending, so we’re not this way. This is one of the smaller and sustainable communities free from going to address discretionary spend- earmarks. We have to start somewhere. discrimination, and HUD’s EDI pro- ing, either.’’ I would urge those of you who want gram regularly funds acquisition of I would urge support of the amend- to oppose this amendment to go home equipment for public facilities like the ment. And, remember, people are to your constituents and say, I wanted recreational park in Yauco. watching here. They’re watching what to put you $150,000 more in debt be- In closing, I would gently remind my we’re doing. When you go home, you’ll cause I thought it was important that friend from Arizona that a State with need to explain, if you vote against we spend money; the Federal Govern- Puerto Rico’s population would benefit this amendment, why you didn’t want ment, mind you. Municipal govern- from congressionally directed spending to save the taxpayer a million dollars ments, State governments, if they requests from six Representatives and when we have a deficit of $1.4 trillion want to spend money on playgrounds two Senators. However, because Puerto and a debt of $13.2 trillion. that’s great. But why is the Federal Rico is a territory, I alone am respon- I yield back the balance of my time. Government doing it here? sible for protecting the interests of 4 Mr. OLVER. I urge a ‘‘no’’ vote on Why are we doing it when in May of million American citizens. this amendment, and I yield back the 2010 the national debt hit $13 trillion. I urge my colleagues to oppose this balance of my time. It’s now 13.2. According to The Wash- amendment. The CHAIR. The question is on the ington Post, that works out to be more Mr. FLAKE. Again, you have got to amendment offered by the gentleman than $40,000 in debt for every U.S. resi- have a Federal nexus somewhere. If from Arizona (Mr. FLAKE). dent; $40,000 of debt for every U.S. resi- you are spending taxpayers’ money, it The question was taken; and the dent. helps to say why in the world should Chair announced that the noes ap- Then we are saying, ‘‘Well, this is the Federal Government be involved at peared to have it. just small. We can’t save this money; all. I would submit that if you argue Mr. FLAKE. Mr. Chairman, I demand we can’t go at the deficit this way. We that the Federal Government should be a recorded vote. have to deal with those entitlement paying for playgrounds around the The CHAIR. Pursuant to clause 6 of programs.’’ We certainly do, but we country, where does it stop? rule XVIII, further proceedings on the need to start somewhere. This is a Where is there no Federal nexus? amendment offered by the gentleman great place to start. What is the Federal Government not from Arizona will be postponed. I reserve the balance of my time. responsible for? How in the world

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And amendment offered by the gentleman entific/Technical Advisory you can’t get by with saying, well, that from Arizona (Mr. FLAKE). Committee; WTC Health Pro- was indiscriminate cuts and it would The question was taken; and the gram Steering Committees. ‘‘Sec. 3303. Education and outreach. have affected this program or that. We Chair announced that the noes ap- ‘‘Sec. 3304. Uniform data collection and are talking about here on these four peared to have it. Mr. FLAKE. Mr. Chairman, I demand analysis. amendments saving money on street ‘‘Sec. 3305. Clinical Centers of Excel- beautification. Where is the Federal a recorded vote. The CHAIR. Pursuant to clause 6 of lence and Data Centers. nexus there? rule XVIII, further proceedings on the ‘‘Sec. 3306. Definitions. On a bike path in Rhode Island, amendment offered by the gentleman ‘‘Subtitle B—Program of Monitoring, Initial where is the Federal nexus? Why is the from Arizona will be postponed. Health Evaluations, and Treatment Federal Government doing that when Mr. OLVER. Mr. Chairman, I move ‘‘PART 1—WTC RESPONDERS we have a deficit of $1.47 trillion and a that the committee do now rise. ‘‘Sec. 3311. Identification of WTC re- debt of $13.2 trillion? Why in the world, The motion was agreed to. sponders and provision of WTC- when every citizen of this country is in Accordingly, the Committee rose; related monitoring services. debt more than $40,000, why in the and the Speaker pro tempore (Mr. ‘‘Sec. 3312. Treatment of enrolled WTC world are we saying we are going to SCHRADER) having assumed the chair, responders for WTC-related pile more on you simply because we Mr. SNYDER, Chair of the Committee of health conditions. can’t control ourselves here? the Whole House on the State of the ‘‘Sec. 3313. National arrangement for I would urge you again, you are going Union, reported that that Committee, benefits for eligible individuals to have to go home and not say, well, having had under consideration the bill outside New York. I voted against an amendment that (H.R. 5850) making appropriations for ‘‘PART 2—WTC SURVIVORS would have cut that program indis- the Departments of Transportation, ‘‘Sec. 3321. Identification and initial criminately. This is specific amend- and Housing and Urban Development, health evaluation of screening- ments for specific programs, specific and related agencies for the fiscal year eligible and certified-eligible earmarks that the country knows the ending September 30, 2011, and for WTC survivors. Federal Government should not be other purposes, had come to no resolu- ‘‘Sec. 3322. Followup monitoring and doing or that the Congress should not treatment of certified-eligible tion thereon. WTC survivors for WTC-related be directing money toward. f health conditions. With that, I urge adoption of the b 2010 ‘‘Sec. 3323. Followup monitoring and amendment. treatment of other individuals I yield back the balance of my time. ANNOUNCEMENT BY THE SPEAKER with WTC-related health condi- Mr. OLVER. I yield the gentleman PRO TEMPORE tions. from Puerto Rico 1 additional minute. The SPEAKER pro tempore. Pursu- ‘‘PART 3—PAYOR PROVISIONS Mr. PIERLUISI. Mr. Chairman, I will ant to clause 8 of rule XX, the Chair ‘‘Sec. 3331. Payment of claims. be brief. Let me just say that there are will postpone further proceedings ‘‘Sec. 3332. Administrative arrangement 435 Members of this House; there are today on motions to suspend the rules authority. five Delegates representing the terri- on which a recorded vote or the yeas ‘‘Subtitle C—Research Into Conditions tories. Each and every one of these dis- and nays are ordered, or on which the ‘‘Sec. 3341. Research regarding certain tricts and the territories has its own vote incurs objection under clause 6 of health conditions related to peculiar needs, and the Members rule XX. September 11 terrorist attacks. should be entitled to do something like Record votes on postponed questions ‘‘Sec. 3342. World Trade Center Health what I am trying to do, help a town in will be taken later. Registry. Puerto Rico with the highest poverty f ‘‘Subtitle D—Funding rate in the region where kids do not JAMES ZADROGA 9/11 HEALTH AND ‘‘Sec. 3351. World Trade Center Health even have a place to play, particularly Program Fund. meeting the needs and the require- COMPENSATION ACT OF 2010 TITLE II—SEPTEMBER 11TH VICTIM ments of the Americans with Disabil- Mr. PALLONE. Mr. Speaker, I move COMPENSATION FUND OF 2001 ities Act. to suspend the rules and pass the bill There cannot be a more justified ear- Sec. 201. Definitions. (H.R. 847) to amend the Public Health Sec. 202. Extended and expanded eligibility mark than this one. The amount at Service Act to extend and improve pro- for compensation. stake is $150,000. tections and services to individuals di- Sec. 203. Requirement to update regulations. So I urge my friend from Arizona to rectly impacted by the terrorist attack Sec. 204. Limited liability for certain withdraw this amendment because, in New York City on September 11, claims. clearly, it has no merit. 2001, and for other purposes, as amend- Sec. 205. Funding; attorney fees. I urge my colleagues to oppose it. ed. TITLE III—LIMITATION ON TREATY BEN- Mr. OLVER. May I inquire how much The Clerk read the title of the bill. EFITS FOR CERTAIN DEDUCTIBLE PAY- time remains. The text of the bill is as follows: MENTS; TIME FOR PAYMENT OF COR- The CHAIR. The gentleman from H.R. 847 PORATE ESTIMATED TAXES Massachusetts has 11⁄2 minutes, and the Be it enacted by the Senate and House of Rep- Sec. 301. Limitation on treaty benefits for time of the gentleman from Arizona resentatives of the United States of America in certain deductible payments. has expired. Congress assembled, Sec. 302. Time for payment of corporate esti- Mr. OLVER. Mr. Chairman, I am very SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mated taxes. interested in this conversation. The (a) SHORT TITLE.—This Act may be cited as TITLE IV—BUDGETARY EFFECTS gentleman from Arizona, who is usu- the ‘‘James Zadroga 9/11 Health and Com- pensation Act of 2010’’. Sec. 401. Compliance with Statutory Pay- ally so rational about this whole effort (b) TABLE OF CONTENTS.—The table of con- As-You-Go Act of 2010. that he puts forward, he is going to tents of this Act is as follows: TITLE I—WORLD TRADE CENTER HEALTH earn a reputation as a grinch for trying Sec. 1. Short title; table of contents. PROGRAM to take the one Member representing 4 TITLE I—WORLD TRADE CENTER SEC. 101. WORLD TRADE CENTER HEALTH PRO- million people in Puerto Rico, taking a HEALTH PROGRAM GRAM. program that would provide ADA com- Sec. 101. World Trade Center Health Pro- The Public Health Service Act is amended pliance in a very small park in a com- gram. by adding at the end the following new title:

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‘‘TITLE XXXIII—WORLD TRADE CENTER ‘‘(2) UNREASONABLE ADMINISTRATIVE ing the findings of research conducted under HEALTH PROGRAM COSTS.—The Inspector General of the Depart- section 3341(a). ‘‘Subtitle A—Establishment of Program; ment of Health and Human Services shall de- ‘‘(F) ADVISORY COMMITTEE RECOMMENDA- Advisory Committee velop and implement a program to review TIONS.—A list of recommendations by the ‘‘SEC. 3301. ESTABLISHMENT OF WORLD TRADE the WTC Program for unreasonable adminis- WTC Scientific/Technical Advisory Com- CENTER HEALTH PROGRAM. trative costs, including with respect to infra- mittee on additional WTC Program eligi- ‘‘(a) IN GENERAL.—There is hereby estab- structure, administration, and claims proc- bility criteria and on additional WTC-related lished within the Department of Health and essing. health conditions and the action of the WTC Human Services a program to be known as ‘‘(e) QUALITY ASSURANCE.—The WTC Pro- Program Administrator concerning each the World Trade Center Health Program, gram Administrator working with the Clin- such recommendation. which shall be administered by the WTC Pro- ical Centers of Excellence shall develop and ‘‘(3) SEPARATE CLINICAL PROGRAMS DE- gram Administrator, to provide beginning on implement a quality assurance program for SCRIBED.—In paragraph (2), each of the fol- July 1, 2011— the monitoring and treatment delivered by lowing shall be treated as a separate clinical ‘‘(1) medical monitoring and treatment such Centers of Excellence and any other program of the WTC Program: benefits to eligible emergency responders participating health care providers. Such ‘‘(A) FIREFIGHTERS AND RELATED PER- and recovery and cleanup workers (including program shall include— SONNEL.—The benefits provided for enrolled those who are Federal employees) who re- ‘‘(1) adherence to monitoring and treat- WTC responders described in section sponded to the September 11, 2001, terrorist ment protocols; 3311(a)(2)(A). ‘‘(2) appropriate diagnostic and treatment attacks; and ‘‘(B) OTHER WTC RESPONDERS.—The benefits ‘‘(2) initial health evaluation, monitoring, referrals for participants; provided for enrolled WTC responders not de- and treatment benefits to residents and ‘‘(3) prompt communication of test results scribed in subparagraph (A). to participants; and other building occupants and area workers in ‘‘(C) WTC SURVIVORS.—The benefits pro- ‘‘(4) such other elements as the Adminis- New York City who were directly impacted vided for screening-eligible WTC survivors trator specifies in consultation with the and adversely affected by such attacks. and certified-eligible WTC survivors in sec- Clinical Centers of Excellence. ‘‘(b) COMPONENTS OF PROGRAM.—The WTC tion 3321(a). Program includes the following components: ‘‘(f) ANNUAL PROGRAM REPORT.— ‘‘(g) NOTIFICATION TO CONGRESS UPON ‘‘(1) MEDICAL MONITORING FOR RESPOND- ‘‘(1) IN GENERAL.—Not later than 6 months REACHING 80 PERCENT OF ELIGIBILITY NUMER- ERS.—Medical monitoring under section 3311, after the end of each fiscal year in which the including clinical examinations and long- WTC Program is in operation, the WTC Pro- ICAL LIMITS.—The Secretary shall promptly term health monitoring and analysis for en- gram Administrator shall submit an annual notify the Congress of each of the following: rolled WTC responders who were likely to report to the Congress on the operations of ‘‘(1) When the number of enrollments of have been exposed to airborne toxins that this title for such fiscal year and for the en- WTC responders subject to the limit estab- were released, or to other hazards, as a result tire period of operation of the program. lished under section 3311(a)(4) has reached 80 of the September 11, 2001, terrorist attacks. ‘‘(2) CONTENTS INCLUDED IN REPORT.—Each percent of such limit. annual report under paragraph (1) shall in- ‘‘(2) INITIAL HEALTH EVALUATION FOR SUR- ‘‘(2) When the number of certifications for clude at least the following: VIVORS.—An initial health evaluation under certified-eligible WTC survivors subject to section 3321, including an evaluation to de- ‘‘(A) ELIGIBLE INDIVIDUALS.—Information the limit established under section 3321(a)(3) termine eligibility for followup monitoring for each clinical program described in para- has reached 80 percent of such limit. graph (3)— and treatment. ‘‘(h) CONSULTATION.—The WTC Program ‘‘(i) on the number of individuals who ap- ‘‘(3) FOLLOWUP MONITORING AND TREATMENT Administrator shall engage in ongoing out- plied for certification under subtitle B and FOR WTC-RELATED HEALTH CONDITIONS FOR RE- reach and consultation with relevant stake- the number of such individuals who were so SPONDERS AND SURVIVORS.—Provision under holders, including the WTC Health Program certified; sections 3312, 3322, and 3323 of followup moni- Steering Committees and the Advisory Com- ‘‘(ii) of the individuals who were certified, toring and treatment and payment, subject mittee under section 3302, regarding the im- on the number who received monitoring to the provisions of subsection (d), for all plementation and improvement of programs under the program and the number of such medically necessary health and mental under this title. individuals who received medical treatment health care expenses of an individual with under the program; ‘‘SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/ respect to a WTC-related health condition ‘‘(iii) with respect to individuals so cer- TECHNICAL ADVISORY COMMITTEE; (including necessary prescription drugs). tified who received such treatment, on the WTC HEALTH PROGRAM STEERING ‘‘(4) OUTREACH.—Establishment under sec- WTC-related health conditions for which COMMITTEES. tion 3303 of an education and outreach pro- they were treated; and ‘‘(a) ADVISORY COMMITTEE.— gram to potentially eligible individuals con- ‘‘(iv) on the projected number of individ- ‘‘(1) ESTABLISHMENT.—The WTC Program cerning the benefits under this title. uals who will be certified under subtitle B in Administrator shall establish an advisory ‘‘(5) CLINICAL DATA COLLECTION AND ANAL- the succeeding fiscal year and the succeeding committee to be known as the WTC Health YSIS.—Collection and analysis under section 10-year period. Program Scientific/Technical Advisory Com- 3304 of health and mental health data relat- ‘‘(B) MONITORING, INITIAL HEALTH EVALUA- mittee (in this subsection referred to as the ing to individuals receiving monitoring or TION, AND TREATMENT COSTS.—For each clin- ‘Advisory Committee’) to review scientific treatment benefits in a uniform manner in ical program so described— and medical evidence and to make rec- collaboration with the collection of epide- ‘‘(i) information on the costs of monitoring ommendations to the Administrator on addi- miological data under section 3342. and initial health evaluation and the costs of tional WTC Program eligibility criteria and ‘‘(6) RESEARCH ON HEALTH CONDITIONS.—Es- treatment and on the estimated costs of such on additional WTC-related health conditions. tablishment under subtitle C of a research monitoring, evaluation, and treatment in ‘‘(2) COMPOSITION.—The WTC Program Ad- program on health conditions resulting from the succeeding fiscal year; and ministrator shall appoint the members of the the September 11, 2001, terrorist attacks. ‘‘(c) NO COST SHARING.—Monitoring and ‘‘(ii) an estimate of the cost of medical Advisory Committee and shall include at treatment benefits and initial health evalua- treatment for WTC-related health conditions least— tion benefits are provided under subtitle B that have been paid for or reimbursed by ‘‘(A) 4 occupational physicians, at least 2 without any deductibles, copayments, or workers’ compensation, by public or private of whom have experience treating WTC res- other cost sharing to an enrolled WTC re- health plans, or by New York City under sec- cue and recovery workers; sponder or certified-eligible WTC survivor. tion 3331. ‘‘(B) 1 physician with expertise in pul- Initial health evaluation benefits are pro- ‘‘(C) ADMINISTRATIVE COSTS.—Information monary medicine; vided under subtitle B without any on the cost of administering the program, in- ‘‘(C) 2 environmental medicine or environ- deductibles, copayments, or other cost shar- cluding costs of program support, data col- mental health specialists; ing to a screening-eligible WTC survivor. lection and analysis, and research conducted ‘‘(D) 2 representatives of WTC responders; ‘‘(d) PREVENTING FRAUD AND UNREASON- under the program. ‘‘(E) 2 representatives of certified-eligible ABLE ADMINISTRATIVE COSTS.— ‘‘(D) ADMINISTRATIVE EXPERIENCE.—Infor- WTC survivors; ‘‘(1) FRAUD.—The Inspector General of the mation on the administrative performance of ‘‘(F) an industrial hygienist; Department of Health and Human Services the program, including— ‘‘(G) a toxicologist; shall develop and implement a program to ‘‘(i) the performance of the program in pro- ‘‘(H) an epidemiologist; and review the WTC Program’s health care ex- viding timely evaluation of and treatment to ‘‘(I) a mental health professional. penditures to detect fraudulent or duplicate eligible individuals; and ‘‘(3) MEETINGS.—The Advisory Committee billing and payment for inappropriate serv- ‘‘(ii) a list of the Clinical Centers of Excel- shall meet at such frequency as may be re- ices. This title is a Federal health care pro- lence and other providers that are partici- quired to carry out its duties. gram (as defined in section 1128B(f) of the So- pating in the program. ‘‘(4) REPORTS.—The WTC Program Admin- cial Security Act) and is a health plan (as de- ‘‘(E) SCIENTIFIC REPORTS.—A summary of istrator shall provide for publication of rec- fined in section 1128C(c) of such Act) for pur- the findings of any new scientific reports or ommendations of the Advisory Committee poses of applying sections 1128 through 1128E studies on the health effects associated with on the public Web site established for the of such Act. exposure described in section 3306(1), includ- WTC Program.

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‘‘(5) DURATION.—Notwithstanding any ‘‘SEC. 3303. EDUCATION AND OUTREACH. pensation or other benefit programs for other provision of law, the Advisory Com- ‘‘The WTC Program Administrator shall work-related injuries or illnesses, health in- mittee shall continue in operation during institute a program that provides education surance, disability insurance, or other insur- the period in which the WTC Program is in and outreach on the existence and avail- ance plans or through public or private so- operation. ability of services under the WTC Program. cial service agencies and assisting eligible ‘‘(6) APPLICATION OF FACA.—Except as oth- The outreach and education program— individuals in applying for such benefits; erwise specifically provided, the Advisory ‘‘(1) shall include— ‘‘(E) for the provision of translational and Committee shall be subject to the Federal ‘‘(A) the establishment of a public Web site interpretive services for program partici- Advisory Committee Act. with information about the WTC Program; pants who are not English language pro- ‘‘(b) WTC HEALTH PROGRAM STEERING COM- ‘‘(B) meetings with potentially eligible ficient; and MITTEES.— populations; ‘‘(F) for the collection and reporting of ‘‘(1) CONSULTATION.—The WTC Program ‘‘(C) development and dissemination of data in accordance with section 3304. Administrator shall consult with 2 steering outreach materials informing people about ‘‘(2) CONTRACTS WITH DATA CENTERS.— committees (each in this section referred to the program; and ‘‘(A) IN GENERAL.—The WTC Program Ad- as a ‘Steering Committee’) that are estab- ‘‘(D) the establishment of phone informa- ministrator shall enter into contracts with lished as follows: tion services; and Data Centers (as defined in subsection ‘‘(A) WTC RESPONDERS STEERING COM- ‘‘(2) shall be conducted in a manner in- (b)(2))— MITTEE.—One Steering Committee, to be tended— ‘‘(i) for receiving, analyzing, and reporting known as the WTC Responders Steering ‘‘(A) to reach all affected populations; and to the WTC Program Administrator on data, Committee, for the purpose of receiving ‘‘(B) to include materials for culturally in accordance with section 3304, that have input from affected stakeholders and facili- and linguistically diverse populations. been collected and reported to such Data tating the coordination of monitoring and Centers by the corresponding Clinical Cen- treatment programs for the enrolled WTC re- ‘‘SEC. 3304. UNIFORM DATA COLLECTION AND ANALYSIS. ters of Excellence under subsection sponders under part 1 of subtitle B. (b)(1)(B)(iii); ‘‘(a) IN GENERAL.—The WTC Program Ad- ‘‘(B) WTC SURVIVORS STEERING COM- ministrator shall provide for the uniform ‘‘(ii) for the development of monitoring, MITTEE.—One Steering Committee, to be collection of data (and analysis of data and initial health evaluation, and treatment pro- known as the WTC Survivors Steering Com- tocols, with respect to WTC-related health regular reports to the Administrator) on the mittee, for the purpose of receiving input conditions; prevalence of WTC-related health conditions from affected stakeholders and facilitating ‘‘(iii) for coordinating the outreach activi- and the identification of new WTC-related the coordination of initial health evalua- ties conducted under paragraph (1)(B) by health conditions. Such data shall be col- tions, monitoring, and treatment programs each corresponding Clinical Center of Excel- lected for all individuals provided moni- for screening-eligible and certified-eligible lence; toring or treatment benefits under subtitle B WTC survivors under part 2 of subtitle B. ‘‘(iv) for establishing criteria for the and regardless of their place of residence or ‘‘(2) MEMBERSHIP.— credentialing of medical providers partici- Clinical Center of Excellence through which ‘‘(A) WTC RESPONDERS STEERING COM- pating in the nationwide network under sec- the benefits are provided. The WTC Program MITTEE.— tion 3313; Administrator shall provide, through the ‘‘(i) REPRESENTATION.—The WTC Respond- ‘‘(v) for coordinating and administering ers Steering Committee shall include— Data Centers or otherwise, for the integra- the activities of the WTC Health Program ‘‘(I) representatives of the Centers of Ex- tion of such data into the monitoring and Steering Committees established under sec- cellence providing services to WTC respond- treatment program activities under this tion 3002(b); and ers; title. ‘‘(vi) for meeting periodically with the cor- ‘‘(II) representatives of labor organizations ‘‘(b) COORDINATING THROUGH CENTERS OF responding Clinical Centers of Excellence to representing firefighters, police, other New EXCELLENCE.—Each Clinical Center of Excel- obtain input on the analysis and reporting of York City employees, and recovery and lence shall collect data described in sub- data collected under clause (i) and on the de- cleanup workers who responded to the Sep- section (a) and report such data to the cor- velopment of monitoring, initial health eval- tember 11, 2001, terrorist attacks; and responding Data Center for analysis by such uation, and treatment protocols under clause ‘‘(III) 3 representatives of New York City, 1 Data Center. (ii). of whom will be selected by the police com- ‘‘(c) COLLABORATION WITH WTC HEALTH ‘‘(B) MEDICAL PROVIDER SELECTION.—The missioner of New York City, 1 by the health REGISTRY.—The WTC Program Adminis- medical providers under subparagraph (A)(iv) commissioner of New York City, and 1 by the trator shall provide for collaboration be- shall be selected by the WTC Program Ad- mayor of New York City. tween the Data Centers and the World Trade ministrator on the basis of their experience ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Re- Center Health Registry described in section treating or diagnosing the health conditions sponders Steering Committee shall initially 3342. included in the list of WTC-related health be composed of members of the WTC Moni- ‘‘(d) PRIVACY.—The data collection and conditions. toring and Treatment Program Steering analysis under this section shall be con- ‘‘(C) CLINICAL DISCUSSIONS.—In carrying Committee (as in existence on the day before ducted and maintained in a manner that pro- out subparagraph (A)(ii), a Data Center shall the date of the enactment of this title). tects the confidentiality of individually engage in clinical discussions across the ‘‘(B) WTC SURVIVORS STEERING COM- identifiable health information consistent WTC Program to guide treatment ap- MITTEE.— with applicable statutes and regulations, in- proaches for individuals with a WTC-related ‘‘(i) REPRESENTATION.—The WTC Survivors cluding, as applicable, HIPAA privacy and health condition. Steering Committee shall include represent- security law (as defined in section 3009(a)(2)) ‘‘(D) TRANSPARENCY OF DATA.—A contract atives of— and section 552a of title 5, United States entered into under this subsection with a ‘‘(I) the Centers of Excellence providing Code. Data Center shall require the Data Center to services to screening-eligible and certified- ‘‘SEC. 3305. CLINICAL CENTERS OF EXCELLENCE make any data collected and reported to eligible WTC survivors; AND DATA CENTERS. such Center under subsection (b)(1)(B)(iii) ‘‘(II) the population of residents, students, ‘‘(a) IN GENERAL.— available to health researchers and others as and area and other workers affected by the ‘‘(1) CONTRACTS WITH CLINICAL CENTERS OF provided in the CDC/ATSDR Policy on Re- September 11, 2001, terrorist attacks; EXCELLENCE.—The WTC Program Adminis- leasing and Sharing Data. ‘‘(III) screening-eligible and certified-eligi- trator shall, subject to subsection (b)(1)(B), ‘‘(3) AUTHORITY FOR CONTRACTS TO BE CLASS ble survivors receiving initial health evalua- enter into contracts with Clinical Centers of SPECIFIC.—A contract entered into under this tions, monitoring, or treatment under part 2 Excellence (as defined in subsection subsection with a Clinical Center of Excel- of subtitle B and organizations advocating (b)(1)(A))— lence or a Data Center may be with respect on their behalf; and ‘‘(A) for the provision of monitoring and to one or more class of enrolled WTC re- ‘‘(IV) New York City. treatment benefits and initial health evalua- sponders, screening-eligible WTC survivors, ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Sur- tion benefits under subtitle B; or certified-eligible WTC survivors. vivors Steering Committee shall initially be ‘‘(B) for the provision of outreach activi- ‘‘(4) USE OF COOPERATIVE AGREEMENTS.— composed of members of the WTC Environ- ties to individuals eligible for such moni- Any contract under this title between the mental Health Center Survivor Advisory toring and treatment benefits, for initial WTC Program Administrator and a Data Committee (as in existence on the day before health evaluation benefits, and for followup Center or a Clinical Center of Excellence the date of the enactment of this title). to individuals who are enrolled in the moni- may be in the form of a cooperative agree- ‘‘(C) ADDITIONAL APPOINTMENTS.—Each toring program; ment. Steering Committee may recommend, if ap- ‘‘(C) for the provision of counseling for ‘‘(b) CENTERS OF EXCELLENCE.— proved by a majority of voting members of benefits under subtitle B, with respect to ‘‘(1) CLINICAL CENTERS OF EXCELLENCE.— the Committee, additional members to the WTC-related health conditions, for individ- ‘‘(A) DEFINITION.—For purposes of this Committee. uals eligible for such benefits; title, the term ‘Clinical Center of Excellence’ ‘‘(D) VACANCIES.—A vacancy in a Steering ‘‘(D) for the provision of counseling for means a Center that demonstrates to the Committee shall be filled by an individual benefits for WTC-related health conditions satisfaction of the Administrator that the recommended by the Steering Committee. that may be available under workers’ com- Center—

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6385 ‘‘(i) uses an integrated, centralized health sponsibilities for a Data Center under sub- such date subsequent to the terrorist attacks care provider approach to create a com- section (a)(2). at the World Trade Center, Shanksville, prehensive suite of health services under this ‘‘(3) CORRESPONDING CENTERS.—For pur- Pennsylvania, or the Pentagon, as applica- title that are accessible to enrolled WTC re- poses of this title, a Clinical Center of Excel- ble, on such date. sponders, screening-eligible WTC survivors, lence and a Data Center shall be treated as ‘‘(11) The term ‘September 11, 2001, ter- or certified-eligible WTC survivors; ‘corresponding’ to the extent that such Clin- rorist attacks’ means the terrorist attacks ‘‘(ii) has experience in caring for WTC re- ical Center and Data Center serve the same that occurred on September 11, 2001, in New sponders and screening-eligible WTC sur- population group. York City, in Shanksville, Pennsylvania, and vivors or includes health care providers who ‘‘(c) PAYMENT FOR INFRASTRUCTURE at the Pentagon, and includes the aftermath have been trained pursuant to section COSTS.— of such attacks. 3313(c); ‘‘(1) IN GENERAL.—The WTC Program Ad- ‘‘(12) The term ‘WTC Health Program ‘‘(iii) employs health care provider staff ministrator shall reimburse a Clinical Cen- Steering Committee’ means such a Steering with expertise that includes, at a minimum, ter of Excellence for the fixed infrastructure Committee established under section 3302(b). occupational medicine, environmental medi- costs of such Center in carrying out the ac- ‘‘(13) The term ‘WTC Program’ means the cine, trauma-related psychiatry and psy- tivities described in subtitle B at a rate ne- Word Trade Center Health Program estab- chology, and social services counseling; and gotiated by the Administrator and such Cen- lished under section 3301(a). ‘‘(iv) meets such other requirements as ters. Such negotiated rate shall be fair and ‘‘(14) The term ‘WTC Program Adminis- specified by the Administrator. appropriate and take into account the num- trator’ means— ‘‘(B) CONTRACT REQUIREMENTS.—The WTC ber of enrolled WTC responders receiving ‘‘(A) with respect to paragraphs (3) and (4) Program Administrator shall not enter into services from such Center under this title. of section 3311(a) (relating to enrollment of a contract with a Clinical Center of Excel- ‘‘(2) FIXED INFRASTRUCTURE COSTS.—For WTC responders), section 3312(c) and the cor- lence under subsection (a)(1) unless the Cen- purposes of paragraph (1), the term ‘fixed in- responding provisions of section 3322 (relat- ter agrees to do each of the following: frastructure costs’ means, with respect to a ing to payment for initial health evaluation, ‘‘(i) Establish a formal mechanism for con- Clinical Center of Excellence, the costs in- monitoring, and treatment), paragraphs sulting with and receiving input from rep- curred by such Center that are not reimburs- (1)(C), (2)(B), and (3) of section 3321(a) (relat- resentatives of eligible populations receiving able by the WTC Program Administrator ing to determination or certification of monitoring and treatment benefits under under section 3312(c). screening-eligible or certified-eligible WTC subtitle B from such Center. ‘‘SEC. 3306. DEFINITIONS. responders), and part 3 of subtitle B (relating ‘‘(ii) Coordinate monitoring and treatment ‘‘In this title: to payor provisions), an official in the De- benefits under subtitle B with routine med- ‘‘(1) The term ‘aggravating’ means, with partment of Health and Human Services, to ical care provided for the treatment of condi- respect to a health condition, a health condi- be designated by the Secretary; and tions other than WTC-related health condition that existed on September 11, 2001, and ‘‘(B) with respect to any other provision of tions. that, as a result of exposure to airborne tox- this title, the Director of the National Insti- ‘‘(iii) Collect and report to the cor- ins, any other hazard, or any other adverse tute for Occupational Safety and Health, or responding Data Center data in accordance condition resulting from the September 11, a designee of such Director. with section 3304(b). 2001, terrorist attacks, requires medical ‘‘(15) The term ‘WTC-related health condi- ‘‘(iv) Have in place safeguards against treatment that is (or will be) in addition to, tion’ is defined in section 3312(a). fraud that are satisfactory to the Adminis- more frequent than, or of longer duration ‘‘(16) The term ‘WTC responder’ is defined trator, in consultation with the Inspector than the medical treatment that would have in section 3311(a). General of the Department of Health and been required for such condition in the ab- ‘‘(17) The term ‘WTC Scientific/Technical Human Services. sence of such exposure. Advisory Committee’ means such Committee ‘‘(v) Treat or refer for treatment all indi- ‘‘(2) The term ‘certified-eligible WTC sur- established under section 3302(a). viduals who are enrolled WTC responders or vivor’ has the meaning given such term in ‘‘Subtitle B—Program of Monitoring, Initial certified-eligible WTC survivors with respect section 3321(a)(2). Health Evaluations, and Treatment to such Center who present themselves for ‘‘(3) The terms ‘Clinical Center of Excel- ‘‘PART 1—WTC RESPONDERS treatment of a WTC-related health condi- lence’ and ‘Data Center’ have the meanings tion. given such terms in section 3305. ‘‘SEC. 3311. IDENTIFICATION OF WTC RESPOND- ERS AND PROVISION OF WTC-RE- ‘‘(vi) Have in place safeguards, consistent ‘‘(4) The term ‘enrolled WTC responder’ LATED MONITORING SERVICES. with section 3304(c), to ensure the confiden- means a WTC responder enrolled under sec- ‘‘(a) WTC RESPONDER DEFINED.— tiality of an individual’s individually identi- tion 3311(a)(3). ‘‘(1) IN GENERAL.—For purposes of this fiable health information, including requir- ‘‘(5) The term ‘initial health evaluation’ title, the term ‘WTC responder’ means any of ing that such information not be disclosed to includes, with respect to an individual, a the following individuals, subject to para- the individual’s employer without the au- medical and exposure history, a physical ex- graph (4): thorization of the individual. amination, and additional medical testing as ‘‘(A) CURRENTLY IDENTIFIED RESPONDER.— ‘‘(vii) Use amounts paid under subsection needed to evaluate whether the individual An individual who has been identified as eli- (c)(1) only for costs incurred in carrying out has a WTC-related health condition and is el- gible for monitoring under the arrangements the activities described in subsection (a), igible for treatment under the WTC Pro- as in effect on the date of the enactment of other than those described in subsection gram. this title between the National Institute for (a)(1)(A). ‘‘(6) The term ‘list of WTC-related health Occupational Safety and Health and— ‘‘(viii) Utilize health care providers with conditions’ means— ‘‘(i) the consortium coordinated by Mt. occupational and environmental medicine ‘‘(A) for WTC responders, the health condi- Sinai Hospital in New York City that coordi- expertise to conduct physical and mental tions listed in section 3312(a)(3); and nates the monitoring and treatment for en- health assessments, in accordance with pro- ‘‘(B) for screening-eligible and certified-eli- rolled WTC responders other than with re- tocols developed under subsection gible WTC survivors, the health conditions spect to those covered under the arrange- (a)(2)(A)(ii). listed in section 3322(b). ment with the Fire Department of New York ‘‘(ix) Communicate with WTC responders ‘‘(7) The term ‘New York City disaster City; or and screening-eligible and certified-eligible area’ means the area within New York City ‘‘(ii) the Fire Department of New York WTC survivors in appropriate languages and that is— City. conduct outreach activities with relevant ‘‘(A) the area of Manhattan that is south of ‘‘(B) RESPONDER WHO MEETS CURRENT ELIGI- stakeholder worker or community associa- Houston Street; and BILITY CRITERIA.—An individual who meets tions. ‘‘(B) any block in Brooklyn that is wholly the current eligibility criteria described in ‘‘(x) Meet all the other applicable require- or partially contained within a 1.5-mile ra- paragraph (2). ments of this title, including regulations im- dius of the former World Trade Center site. ‘‘(C) RESPONDER WHO MEETS MODIFIED ELIGI- plementing such requirements. ‘‘(8) The term ‘New York metropolitan BILITY CRITERIA.—An individual who— ‘‘(C) TRANSITION RULE TO ENSURE CON- area’ means an area, specified by the WTC ‘‘(i) performed rescue, recovery, demoli- TINUITY OF CARE.—The WTC Program Admin- Program Administrator, within which WTC tion, debris cleanup, or other related services istrator shall to the maximum extent fea- responders and eligible WTC screening-eligi- in the New York City disaster area in re- sible ensure continuity of care in any period ble survivors who reside in such area are rea- sponse to the September 11, 2001, terrorist of transition from monitoring and treatment sonably able to access monitoring and treat- attacks, regardless of whether such services of an enrolled WTC responder or certified-eli- ment benefits and initial health evaluation were performed by a State or Federal em- gible WTC survivor by a provider to a Clin- benefits under this title through a Clinical ployee or member of the National Guard or ical Center of Excellence or a health care Center of Excellence described in subpara- otherwise; and provider participating in the nationwide net- graphs (A), (B), or (C) of section 3305(b)(1). ‘‘(ii) meets such eligibility criteria relat- work under section 3313. ‘‘(9) The term ‘screening-eligible WTC suring to exposure to airborne toxins, other haz- ‘‘(2) DATA CENTERS.—For purposes of this vivor’ has the meaning given such term in ards, or adverse conditions resulting from title, the term ‘Data Center’ means a Center section 3321(a)(1). the September 11, 2001, terrorist attacks as that the WTC Program Administrator deter- ‘‘(10) Any reference to ‘September 11, 2001’ the WTC Program Administrator, after con- mines has the capacity to carry out the re- shall be deemed a reference to the period on sultation with the WTC Scientific/Technical

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Advisory Committee, determines appro- involved in the examination and handling of ‘‘(i) CURRENTLY IDENTIFIED RESPONDERS.— priate. human remains from the World Trade Center In accordance with subparagraph (A)(i), the The WTC Program Administrator shall not attacks, or other morgue worker who per- WTC Program Administrator shall enroll an modify such eligibility criteria on or after formed similar post-September 11 functions individual described in paragraph (1)(A) in the date that the number of enrollments of for such Office staff, during the period begin- the WTC Program not later than July 1, 2011. WTC responders has reached 80 percent of ning on September 11, 2001, and ending on ‘‘(ii) OTHER RESPONDERS.—In accordance the limit described in paragraph (4) or on or July 31, 2002; with subparagraph (A)(ii) and consistent after the date that the number of certifi- ‘‘(iv) was a worker in the Port Authority with paragraph (4), the WTC Program Ad- cations for certified-eligible WTC survivors Trans-Hudson Corporation Tunnel for at ministrator shall enroll any other individual under section 3321(a)(2)(B) has reached 80 per- least 24 hours during the period beginning on who is determined to be a WTC responder in cent of the limit described in section February 1, 2002, and ending on July 1, 2002; the WTC Program at the time of such deter- 3321(a)(3). or mination. ‘‘(v) was a vehicle-maintenance worker ‘‘(4) NUMERICAL LIMITATION ON ELIGIBLE WTC ‘‘(2) CURRENT ELIGIBILITY CRITERIA.—The eligibility criteria described in this para- who was exposed to debris from the former RESPONDERS.— graph for an individual is that the individual World Trade Center while retrieving, driv- ‘‘(A) IN GENERAL.—The total number of individuals not described in paragraph (1)(A) or is described in any of the following cating, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins from (2)(A)(ii) who may be enrolled under para- egories: the September 11, 2001, terrorist attacks dur- graph (3)(A)(ii) shall not exceed 25,000 at any ‘‘(A) FIREFIGHTERS AND RELATED PER- ing a duration and period described in sub- time, of which no more than 2,500 may be in- SONNEL.—The individual— paragraph (A). dividuals enrolled based on modified eligi- ‘‘(i) was a member of the Fire Department ‘‘(C) RESPONDERS TO THE SEPTEMBER 11 AT- bility criteria established under paragraph of New York City (whether fire or emergency TACKS AT THE PENTAGON AND SHANKSVILLE, (1)(C). personnel, active or retired) who partici- PENNSYLVANIA.—The individual— ‘‘(B) PROCESS.—In implementing subpara- pated at least one day in the rescue and re- ‘‘(i)(I) was a member of a fire or police de- graph (A), the WTC Program Administrator covery effort at any of the former World partment (whether fire or emergency per- shall— Trade Center sites (including Ground Zero, sonnel, active or retired), worked for a recov- ‘‘(i) limit the number of enrollments made Staten Island Landfill, and the New York ery or cleanup contractor, or was a volun- under paragraph (3)— City Chief Medical Examiner’s Office) for teer; and performed rescue, recovery, demoli- ‘‘(I) in accordance with such subparagraph; any time during the period beginning on Sep- tion, debris cleanup, or other related services and tember 11, 2001, and ending on July 31, 2002; at the Pentagon site of the terrorist-related ‘‘(II) to such number, as determined by the or aircraft crash of September 11, 2001, during Administrator based on the best available in- ‘‘(ii)(I) is a surviving immediate family the period beginning on September 11, 2001, formation and subject to amounts available member of an individual who was a member and ending on the date on which the cleanup under section 3351, that will ensure sufficient of the Fire Department of New York City of the site was concluded, as determined by funds will be available to provide treatment (whether fire or emergency personnel, active the WTC Program Administrator; or and monitoring benefits under this title, or retired) and was killed at the World Trade ‘‘(II) was a member of a fire or police de- with respect to all individuals who are en- site on September 11, 2001; and partment (whether fire or emergency per- rolled through the end of fiscal year 2020; and ‘‘(II) received any treatment for a WTC-re- sonnel, active or retired), worked for a recov- ‘‘(ii) provide priority (subject to paragraph lated health condition described in section ery or cleanup contractor, or was a volun- (3)(A)(i)) in such enrollments in the order in 3312(a)(1)(A)(ii) (relating to mental health teer; and performed rescue, recovery, demoli- which individuals apply for enrollment under conditions) on or before September 1, 2008. tion, debris cleanup, or other related services paragraph (3). ‘‘(B) LAW ENFORCEMENT OFFICERS AND WTC at the Shanksville, Pennsylvania, site of the ‘‘(5) DISQUALIFICATION OF INDIVIDUALS ON RESCUE, RECOVERY, AND CLEANUP WORKERS.— terrorist-related aircraft crash of September TERRORIST WATCH LIST.—No individual who is The individual— 11, 2001, during the period beginning on Sep- on the terrorist watch list maintained by the ‘‘(i) worked or volunteered onsite in res- tember 11, 2001, and ending on the date on Department of Homeland Security shall cue, recovery, debris cleanup, or related sup- which the cleanup of the site was concluded, qualify as an eligible WTC responder. Before port services in lower Manhattan (south of as determined by the WTC Program Admin- enrolling any individual as a WTC responder Canal St.), the Staten Island Landfill, or the istrator; and in the WTC Program under paragraph (3), the barge loading piers, for at least 4 hours dur- ‘‘(ii) is determined by the WTC Program Administrator, in consultation with the Sec- ing the period beginning on September 11, Administrator to be at an increased risk of retary of Homeland Security, shall deter- 2001, and ending on September 14, 2001, for at developing a WTC-related health condition mine whether the individual is on such list. least 24 hours during the period beginning on as a result of exposure to airborne toxins, ‘‘(b) MONITORING BENEFITS.— September 11, 2001, and ending on September other hazards, or adverse conditions result- ‘‘(1) IN GENERAL.—In the case of an enrolled 30, 2001, or for at least 80 hours during the pe- ing from the September 11, 2001, terrorist at- WTC responder (other than one described in riod beginning on September 11, 2001, and tacks, and meets such eligibility criteria re- subsection (a)(2)(A)(ii)), the WTC Program ending on July 31, 2002; lated to such exposures, as the WTC Program shall provide for monitoring benefits that in- ‘‘(ii)(I) was a member of the Police Depart- Administrator determines are appropriate, clude monitoring consistent with protocols ment of New York City (whether active or after consultation with the WTC Scientific/ approved by the WTC Program Adminis- retired) or a member of the Port Authority Technical Advisory Committee. trator and including clinical examinations Police of the Port Authority of New York ‘‘(3) ENROLLMENT PROCESS.— and long-term health monitoring and anal- and New Jersey (whether active or retired) ‘‘(A) IN GENERAL.—The WTC Program Ad- ysis. In the case of an enrolled WTC re- who participated onsite in rescue, recovery, ministrator shall establish a process for en- sponder who is an active member of the Fire debris cleanup, or related services in lower rolling WTC responders in the WTC Program. Department of New York City, the responder Manhattan (south of Canal St.), including Under such process— shall receive such benefits as part of the in- Ground Zero, the Staten Island Landfill, or ‘‘(i) WTC responders described in paragraph dividual’s periodic company medical exams. the barge loading piers, for at least 4 hours (1)(A) shall be deemed to be enrolled in such ‘‘(2) PROVISION OF MONITORING BENEFITS.— during the period beginning September 11, Program; The monitoring benefits under paragraph (1) 2001, and ending on September 14, 2001; ‘‘(ii) subject to clause (iii), the Adminis- shall be provided through the Clinical Center ‘‘(II) participated onsite in rescue, recov- trator shall enroll in such program individ- of Excellence for the type of individual in- ery, debris cleanup, or related services in at uals who are determined to be WTC respond- volved or, in the case of an individual resid- Ground Zero, the Staten Island Landfill, or ers; ing outside the New York metropolitan area, the barge loading piers, for at least one day ‘‘(iii) the Administrator shall deny such under an arrangement under section 3313. during the period beginning on September 11, enrollment to an individual if the Adminis- ‘‘SEC. 3312. TREATMENT OF ENROLLED WTC RE- 2001, and ending on July 31, 2002; trator determines that the numerical limita- SPONDERS FOR WTC-RELATED ‘‘(III) participated onsite in rescue, recov- tion in paragraph (4) on enrollment of WTC HEALTH CONDITIONS. ery, debris cleanup, or related services in responders has been met; ‘‘(a) WTC-RELATED HEALTH CONDITION DE- lower Manhattan (south of Canal St.) for at ‘‘(iv) there shall be no fee charged to the FINED.— least 24 hours during the period beginning on applicant for making an application for such ‘‘(1) IN GENERAL.—For purposes of this September 11, 2001, and ending on September enrollment; title, the term ‘WTC-related health condi- 30, 2001; or ‘‘(v) the Administrator shall make a deter- tion’ means a condition that— ‘‘(IV) participated onsite in rescue, recov- mination on such an application not later ‘‘(A)(i) is an illness or health condition for ery, debris cleanup, or related services in than 60 days after the date of filing the ap- which exposure to airborne toxins, any other lower Manhattan (south of Canal St.) for at plication; and hazard, or any other adverse condition re- least 80 hours during the period beginning on ‘‘(vi) an individual who is denied enroll- sulting from the September 11, 2001, terrorist September 11, 2001, and ending on July 31, ment in such Program shall have an oppor- attacks, based on an examination by a med- 2002; tunity to appeal such determination in a ical professional with experience in treating ‘‘(iii) was an employee of the Office of the manner established under such process. or diagnosing the health conditions included Chief Medical Examiner of New York City ‘‘(B) TIMING.— in the applicable list of WTC-related health

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6387 conditions, is substantially likely to be a ‘‘(iv) Generalized anxiety disorder. tions in paragraph (3), the Administrator significant factor in aggravating, contrib- ‘‘(v) Anxiety disorder (not otherwise speci- may request a recommendation of the Advi- uting to, or causing the illness or health con- fied). sory Committee or may publish such a pro- dition, as determined under paragraph (2); or ‘‘(vi) Depression (not otherwise specified). posed rule in the Federal Register in accord- ‘‘(ii) is a mental health condition for which ‘‘(vii) Acute stress disorder. ance with subparagraph (D). such attacks, based on an examination by a ‘‘(viii) Dysthymic disorder. ‘‘(B) ADMINISTRATOR’S OPTIONS AFTER RE- medical professional with experience in ‘‘(ix) Adjustment disorder. CEIPT OF PETITION.—In the case that the WTC treating or diagnosing the health conditions ‘‘(x) Substance abuse. Program Administrator receives a written included in the applicable list of WTC-re- ‘‘(C) MUSCULOSKELETAL DISORDERS FOR CER- petition by an interested party to add a lated health conditions, is substantially TAIN WTC RESPONDERS.—In the case of a WTC health condition to the list of health condi- likely to be a significant factor in aggra- responder described in paragraph (4), a conditions in paragraph (3), not later than 60 days vating, contributing to, or causing the condition described in such paragraph. after the date of receipt of such petition the tion, as determined under paragraph (2); and ‘‘(D) ADDITIONAL CONDITIONS.—Any cancer Administrator shall— ‘‘(B) is included in the applicable list of (or type of cancer) or other condition added, ‘‘(i) request a recommendation of the Advi- WTC-related health conditions or— pursuant to paragraph (5) or (6), to the list sory Committee; ‘‘(i) with respect to a WTC responder, is under this paragraph. ‘‘(ii) publish a proposed rule in the Federal provided certification of coverage under sub- ‘‘(4) MUSCULOSKELETAL DISORDERS.— Register to add such health condition, in ac- section (b)(2)(B)(iii); or ‘‘(A) IN GENERAL.—For purposes of this cordance with subparagraph (D); ‘‘(ii) with respect to a screening-eligible title, in the case of a WTC responder who re- ‘‘(iii) publish in the Federal Register the WTC survivor or certified-eligible WTC sur- ceived any treatment for a WTC-related Administrator’s determination not to pub- vivor, is provided certification of coverage musculoskeletal disorder on or before Sep- lish such a proposed rule and the basis for under subsection (b)(2)(B)(iii), as applied tember 11, 2003, the list of health conditions such determination; or under section 3322(a). in paragraph (3) shall include: ‘‘(iv) publish in the Federal Register a de- ‘‘(i) Low back pain. termination that insufficient evidence exists In the case of a WTC responder described in ‘‘(ii) Carpal tunnel syndrome (CTS). to take action under clauses (i) through (iii). section 3311(a)(2)(A)(ii) (relating to a sur- ‘‘(iii) Other musculoskeletal disorders. ‘‘(C) ACTION BY ADVISORY COMMITTEE.—In viving immediate family member of a fire- ‘‘(B) DEFINITION.—The term ‘WTC-related the case that the Administrator requests a fighter), such term does not include an ill- musculoskeletal disorder’ means a chronic recommendation of the Advisory Committee ness or health condition described in sub- or recurrent disorder of the musculoskeletal under this paragraph, with respect to adding paragraph (A)(i). system caused by heavy lifting or repetitive a health condition to the list in paragraph ‘‘(2) DETERMINATION.—The determination strain on the joints or musculoskeletal sys- (3), the Advisory Committee shall submit to under paragraph (1) or subsection (b) of tem occurring during rescue or recovery ef- the Administrator such recommendation not whether the September 11, 2001, terrorist at- forts in the New York City disaster area in later than 60 days after the date of such re- tacks were substantially likely to be a sig- the aftermath of the September 11, 2001, ter- quest or by such date (not to exceed 180 days nificant factor in aggravating, contributing rorist attacks. after such date of request) as specified by the to, or causing an individual’s illness or ‘‘(5) CANCER.— Administrator. Not later than 60 days after health condition shall be made based on an ‘‘(A) IN GENERAL.—The WTC Program Ad- the date of receipt of such recommendation, assessment of the following: ministrator shall periodically conduct a re- the Administrator shall, in accordance with ‘‘(A) The individual’s exposure to airborne view of all available scientific and medical subparagraph (D), publish in the Federal toxins, any other hazard, or any other ad- evidence, including findings and rec- Register a proposed rule with respect to such verse condition resulting from the terrorist ommendations of Clinical Centers of Excel- recommendation or a determination not to attacks. Such exposure shall be— lence, published in peer-reviewed journals to propose such a proposed rule and the basis ‘‘(i) evaluated and characterized through determine if, based on such evidence, cancer for such determination. the use of a standardized, population-appro- or a certain type of cancer should be added ‘‘(D) PUBLICATION.—The WTC Program Ad- priate questionnaire approved by the Direc- to the applicable list of WTC-related health ministrator shall, with respect to any pro- tor of the National Institute for Occupa- conditions. The WTC Program Administrator posed rule under this paragraph— tional Safety and Health; and shall conduct the first review under this sub- ‘‘(i) publish such proposed rule in accord- ‘‘(ii) assessed and documented by a medical paragraph not later than 180 days after the ance with section 553 of title 5, United States professional with experience in treating or date of the enactment of this title. Code; and diagnosing health conditions included on the ‘‘(B) PROPOSED REGULATIONS AND RULE- ‘‘(ii) provide interested parties a period of list of WTC-related health conditions. MAKING.—Based on the periodic reviews 30 days after such publication to submit ‘‘(B) The type of symptoms and temporal under subparagraph (A), if the WTC Program written comments on the proposed rule. sequence of symptoms. Such symptoms shall Administrator determines that cancer or a The WTC Program Administrator may ex- be— certain type of cancer should be added to tend the period described in clause (ii) upon ‘‘(i) assessed through the use of a standard- such list of WTC-related health conditions, a finding of good cause. In the case of such ized, population-appropriate medical ques- the WTC Program Administrator shall pro- an extension, the Administrator shall pub- tionnaire approved by the Director of the pose regulations, through rulemaking, to add lish such extension in the Federal Register. National Institute for Occupational Safety cancer or the certain type of cancer to such ‘‘(E) INTERESTED PARTY DEFINED.—For pur- and Health and a medical examination; and list. poses of this paragraph, the term ‘interested ‘‘(ii) diagnosed and documented by a med- ‘‘(C) FINAL REGULATIONS.—Based on all the party’ includes a representative of any orga- ical professional described in subparagraph available evidence in the rulemaking record, nization representing WTC responders, a na- (A)(ii). the WTC Program Administrator shall make tionally recognized medical association, a ‘‘(3) LIST OF HEALTH CONDITIONS FOR WTC a final determination of whether cancer or a Clinical or Data Center, a State or political RESPONDERS.—The list of health conditions certain type of cancer should be added to subdivision, or any other interested person. for WTC responders consists of the following: such list of WTC-related health conditions. If ‘‘(b) COVERAGE OF TREATMENT FOR WTC-RE- ‘‘(A) AERODIGESTIVE DISORDERS.— such a determination is made to make such LATED HEALTH CONDITIONS.— ‘‘(i) Interstitial lung diseases. an addition, the WTC Program Adminis- ‘‘(1) DETERMINATION FOR ENROLLED WTC RE- ‘‘(ii) Chronic respiratory disorder—fumes/ trator shall by regulation add cancer or the SPONDERS BASED ON A WTC-RELATED HEALTH vapors. certain type of cancer to such list. CONDITION.— ‘‘(iii) Asthma. ‘‘(D) DETERMINATIONS NOT TO ADD CANCER ‘‘(A) IN GENERAL.—If a physician at a Clin- ‘‘(iv) Reactive airways dysfunction syn- OR CERTAIN TYPES OF CANCER.—In the case ical Center of Excellence that is providing drome (RADS). that the WTC Program Administrator deter- monitoring benefits under section 3311 for an ‘‘(v) WTC-exacerbated chronic obstructive mines under subparagraph (B) or (C) that enrolled WTC responder makes a determina- pulmonary disease (COPD). cancer or a certain type of cancer should not tion that the responder has a WTC-related ‘‘(vi) Chronic cough syndrome. be added to such list of WTC-related health health condition that is in the list in sub- ‘‘(vii) Upper airway hyperreactivity. conditions, the WTC Program Administrator section (a)(3) and that exposure to airborne ‘‘(viii) Chronic rhinosinusitis. shall publish an explanation for such deter- toxins, other hazards, or adverse conditions ‘‘(ix) Chronic nasopharyngitis. mination in the Federal Register. Any such resulting from the September 1, 2001, ter- ‘‘(x) Chronic laryngitis. determination to not make such an addition rorist attacks is substantially likely to be a ‘‘(xi) Gastroesophageal reflux disorder shall not preclude the addition of cancer or significant factor in aggravating, contrib- (GERD). the certain type of cancer to such list at a uting to, or causing the condition— ‘‘(xii) Sleep apnea exacerbated by or re- later date. ‘‘(i) the physician shall promptly transmit lated to a condition described in a previous ‘‘(6) ADDITION OF HEALTH CONDITIONS TO such determination to the WTC Program Ad- clause. LIST FOR WTC RESPONDERS.— ministrator and provide the Administrator ‘‘(B) MENTAL HEALTH CONDITIONS.— ‘‘(A) IN GENERAL.—Whenever the WTC Pro- with the medical facts supporting such de- ‘‘(i) Posttraumatic stress disorder (PTSD). gram Administrator determines that a pro- termination; and ‘‘(ii) Major depressive disorder. posed rule should be promulgated to add a ‘‘(ii) on and after the date of such trans- ‘‘(iii) Panic disorder. health condition to the list of health condi- mittal and subject to subparagraph (B), the

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WTC Program shall provide for payment ‘‘(A) IN GENERAL.—In providing treatment ‘‘(i) IN GENERAL.—The WTC Program Ad- under subsection (c) for medically necessary for a WTC-related health condition, a physi- ministrator shall establish a program for treatment for such condition. cian or other provider shall provide treat- paying for the medically necessary out- ‘‘(B) REVIEW; CERTIFICATION; APPEALS.— ment that is medically necessary and in ac- patient prescription pharmaceuticals pre- ‘‘(i) REVIEW.—A Federal employee des- cordance with medical treatment protocols scribed under this title for WTC-related ignated by the WTC Program Administrator established under subsection (d). health conditions through one or more con- shall review determinations made under sub- ‘‘(B) REGULATIONS RELATING TO MEDICAL NE- tracts with outside vendors. paragraph (A). CESSITY.—For the purpose of this title, the ‘‘(ii) COMPETITIVE BIDDING.—Under such ‘‘(ii) CERTIFICATION.—The Administrator WTC Program Administrator shall issue reg- program the Administrator shall— shall provide a certification of such condi- ulations specifying a standard for deter- ‘‘(I) select one or more appropriate vendors tion based upon reviews conducted under mining medical necessity with respect to through a Federal competitive bid process; clause (i). Such a certification shall be pro- health care services and prescription phar- and vided unless the Administrator determines maceuticals, a process for determining ‘‘(II) select the lowest bidder (or bidders) that the responder’s condition is not a WTC- whether treatment furnished and pharma- meeting the requirements for providing related health condition in the list in sub- ceuticals prescribed under this title meet pharmaceutical benefits for participants in section (a)(3) or that exposure to airborne such standard (including any prior author- the WTC Program. toxins, other hazards, or adverse conditions ization requirement), and a process for ap- ‘‘(iii) TREATMENT OF FDNY PARTICIPANTS.— resulting from the September 1, 2001, ter- peal of a determination under subsection Under such program the Administrator may rorist attacks is not substantially likely to (c)(3). enter into an agreement with a separate ven- be a significant factor in aggravating, con- ‘‘(4) SCOPE OF TREATMENT COVERED.— dor to provide pharmaceutical benefits to en- tributing to, or causing the condition. ‘‘(A) IN GENERAL.—The scope of treatment rolled WTC responders for whom the Clinical ‘‘(iii) APPEAL PROCESS.—The Administrator covered under this subsection includes serv- Center of Excellence is described in section shall establish, by rule, a process for the ap- ices of physicians and other health care pro- 3305 if such an arrangement is deemed nec- peal of determinations under clause (ii). viders, diagnostic and laboratory tests, pre- essary and beneficial to the program by the ‘‘(2) DETERMINATION BASED ON MEDICALLY scription drugs, inpatient and outpatient WTC Program Administrator. ASSOCIATED WTC-RELATED HEALTH CONDI- hospital services, and other medically nec- ‘‘(C) IMPROVING QUALITY AND EFFICIENCY TIONS.— essary treatment. THROUGH MODIFICATION OF PAYMENT AMOUNTS ‘‘(A) IN GENERAL.—If a physician at a Clin- ‘‘(B) PHARMACEUTICAL COVERAGE.—With re- AND METHODOLOGIES.—The WTC Program Ad- ical Center of Excellence determines pursu- spect to ensuring coverage of medically nec- ministrator may modify the amounts and ant to subsection (a) that the enrolled WTC essary outpatient prescription drugs, such methodologies for making payments for ini- responder has a health condition described in drugs shall be provided, under arrangements tial health evaluations, monitoring, or treat- subsection (a)(1)(A) that is not in the list in made by the WTC Program Administrator, ment, if, taking into account utilization and subsection (a)(3) but which is medically asso- directly through participating Clinical Cen- quality data furnished by the Clinical Cen- ciated with a WTC-related health condi- ters of Excellence or through one or more ters of Excellence under section tion— outside vendors. 3305(b)(1)(B)(iii), the Administrator deter- ‘‘(i) the physician shall promptly transmit ‘‘(C) TRANSPORTATION EXPENSES FOR NA- mines that a bundling, capitation, pay for such determination to the WTC Program Ad- TIONWIDE NETWORK.—The WTC Program Ad- performance, or other payment methodology ministrator and provide the Administrator ministrator may provide for necessary and would better ensure high quality and effi- with the facts supporting such determina- reasonable transportation and expenses inci- cient delivery of initial health evaluations, tion; and dent to the securing of medically necessary monitoring, or treatment to an enrolled ‘‘(ii) the Administrator shall make a deter- treatment through the nationwide network WTC responder, screening-eligible WTC sur- mination under subparagraph (B) with re- under section 3313 involving travel of more vivor, or certified-eligible WTC survivor. spect to such physician’s determination. than 250 miles and for which payment is ‘‘(2) MONITORING AND INITIAL HEALTH EVAL- ‘‘(B) PROCEDURES FOR REVIEW, CERTIFI- made under this section in the same manner UATION.—The WTC Program Administrator CATION, AND APPEAL.—The WTC Program Ad- in which individuals may be furnished nec- shall reimburse the costs of monitoring and ministrator shall, by rule, establish proce- essary and reasonable transportation and ex- the costs of an initial health evaluation pro- dures for the review and certification of phy- penses incident to services involving travel vided under this title at a rate set by the Ad- sician determinations under subparagraph of more than 250 miles under regulations im- ministrator by regulation. (A). Such rule shall provide for— plementing section 3629(c) of the Energy Em- ‘‘(3) DETERMINATION OF MEDICAL NECES- ‘‘(i) the timely review of such a determina- ployees Occupational Illness Compensation SITY.— tion by a physician panel with appropriate Program Act of 2000 (title XXXVI of Public ‘‘(A) REVIEW OF MEDICAL NECESSITY AND expertise for the condition and recommenda- Law 106–398; 42 U.S.C. 7384t(c)). PROTOCOLS.—As part of the process for reim- tions to the WTC Program Administrator; ‘‘(5) PROVISION OF TREATMENT PENDING CER- bursement or payment under this subsection, ‘‘(ii) not later than 60 days after the date of TIFICATION.—With respect to an enrolled the WTC Program Administrator shall pro- the transmittal under subparagraph (A)(i), a WTC responder for whom a determination is vide for the review of claims for reimburse- determination by the WTC Program Admin- made by an examining physician under para- ment or payment for the provision of med- istrator on whether or not the condition in- graph (1) or (2), but for whom the WTC Pro- ical treatment to determine if such treat- volved is described in subsection (a)(1)(A) gram Administrator has not yet determined ment is medically necessary and in accord- and is medically associated with a WTC-re- whether to certify the determination, the ance with medical treatment protocols es- lated health condition; WTC Program Administrator may establish tablished under subsection (d). ‘‘(iii) certification in accordance with by rule a process through which the Admin- ‘‘(B) WITHHOLDING OF PAYMENT FOR MEDI- paragraph (1)(B)(ii) of coverage of such con- istrator may approve the provision of med- CALLY UNNECESSARY TREATMENT.—The Ad- dition if determined to be described in sub- ical treatment under this subsection (and ministrator shall withhold such reimburse- section (a)(1)(A) and medically associated payment under subsection (c)) with respect ment or payment for treatment that the Ad- with a WTC-related health condition; and to such responder and such responder’s WTC- ministrator determines is not medically nec- ‘‘(iv) a process for appeals of determina- related health condition (under such terms essary or is not in accordance with such tions relating to such conditions. and conditions as the Administrator may medical treatment protocols. ‘‘(C) INCLUSION IN LIST OF HEALTH CONDI- provide) until the Administrator makes a de- ‘‘(d) MEDICAL TREATMENT PROTOCOLS.— TIONS.—If the WTC Program Administrator cision on whether to certify the determina- ‘‘(1) DEVELOPMENT.—The Data Centers provides certification under subparagraph tion. shall develop medical treatment protocols (B)(iii) for coverage of a condition, the Ad- ‘‘(c) PAYMENT FOR INITIAL HEALTH EVALUA- for the treatment of enrolled WTC respond- ministrator may, pursuant to subsection TION, MONITORING, AND TREATMENT OF WTC- ers and certified-eligible WTC survivors for (a)(6), add the condition to the list in sub- RELATED HEALTH CONDITIONS.— health conditions included in the applicable section (a)(3). ‘‘(1) MEDICAL TREATMENT.— list of WTC-related health conditions. ‘‘(D) CONDITIONS ALREADY DECLINED FOR IN- ‘‘(A) USE OF FECA PAYMENT RATES.—Subject ‘‘(2) APPROVAL.—The medical treatment CLUSION IN LIST.—If the WTC Program Ad- to subparagraphs (B) and (C), the WTC Pro- protocols developed under paragraph (1) shall ministrator publishes a determination under gram Administrator shall reimburse costs be subject to approval by the WTC Program subsection (a)(6)(B) not to include a condi- for medically necessary treatment under this Administrator. tion in the list in subsection (a)(3), the WTC title for WTC-related health conditions ac- ‘‘SEC. 3313. NATIONAL ARRANGEMENT FOR BENE- Program Administrator shall not provide cording to the payment rates that would FITS FOR ELIGIBLE INDIVIDUALS certification under subparagraph (B)(iii) for apply to the provision of such treatment and OUTSIDE NEW YORK. coverage of the condition. In the case of an services by the facility under the Federal ‘‘(a) IN GENERAL.—In order to ensure rea- individual who is certified under subpara- Employees Compensation Act. For treat- sonable access to benefits under this subtitle graph (B)(iii) with respect to such condition ment not covered under the previous sen- for individuals who are enrolled WTC re- before the date of the publication of such de- tence or subparagraph (B), the WTC Program sponders, screening-eligible WTC survivors, termination the previous sentence shall not Administrator shall establish by regulation or certified-eligible WTC survivors and who apply. a reimbursement rate for such treatment. reside in any State, as defined in section 2(f), ‘‘(3) REQUIREMENT OF MEDICAL NECESSITY.— ‘‘(B) PHARMACEUTICALS.— outside the New York metropolitan area, the

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Nothing in this subsection shall be ‘‘(ii) A person who worked, resided, or at- other individual who is determined under construed as preventing such individuals tended school, childcare, or adult daycare in clause (i) and consistent with paragraph (3) from being provided such monitoring and the New York City disaster area for— to be a screening-eligible WTC survivor, the treatment benefits or initial health evalua- ‘‘(I) at least 4 days during the 4-month pe- WTC Program Administrator shall provide tion through any Clinical Center of Excel- riod beginning on September 11, 2001, and the written documentation under subclause lence. ending on January 10, 2002; or (I) at the time of such determination. ‘‘(b) NETWORK REQUIREMENTS.—Any health ‘‘(II) at least 30 days during the period be- ‘‘(2) CERTIFIED-ELIGIBLE WTC SURVIVORS.— care provider participating in the network ginning on September 11, 2001, and ending on ‘‘(A) DEFINITION.—The term ‘certified-eligi- under subsection (a) shall— July 31, 2002. ble WTC survivor’ means, subject to para- ‘‘(1) meet criteria for credentialing estab- ‘‘(iii) Any person who worked as a cleanup graph (3), a screening-eligible WTC survivor lished by the Data Centers; worker or performed maintenance work in who the WTC Program Administrator cer- ‘‘(2) follow the monitoring, initial health the New York City disaster area during the tifies under subparagraph (B) to be eligible evaluation, and treatment protocols devel- 4-month period described in subparagraph for followup monitoring and treatment under oped under section 3305(a)(2)(A)(ii); (B)(i) and had extensive exposure to WTC this part. ‘‘(3) collect and report data in accordance dust as a result of such work. ‘‘(B) CERTIFICATION OF ELIGIBILITY FOR MON- with section 3304; and ‘‘(iv) A person who was deemed eligible to ITORING AND TREATMENT.— ‘‘(4) meet such fraud, quality assurance, receive a grant from the Lower Manhattan ‘‘(i) IN GENERAL.—The WTC Program Ad- and other requirements as the WTC Program Development Corporation Residential Grant ministrator shall establish a certification Administrator establishes, including sec- Program, who possessed a lease for a resi- process under which the Administrator shall tions 1128 through 1128E of the Social Secu- dence or purchased a residence in the New provide appropriate certification to screen- rity Act, as applied by section 3301(d). York City disaster area, and who resided in ing-eligible WTC survivors who, pursuant to ‘‘(c) TRAINING AND TECHNICAL ASSIST- such residence during the period beginning the initial health evaluation under sub- ANCE.—The WTC Program Administer may on September 11, 2001, and ending on May 31, section (b), are determined to be eligible for provide, including through contract, for the 2003. followup monitoring and treatment under provision of training and technical assist- ‘‘(v) A person whose place of employment— this part. ance to health care providers participating ‘‘(I) at any time during the period begin- ‘‘(ii) TIMING.— in the network under subsection (a). ning on September 11, 2001, and ending on ‘‘(I) CURRENTLY IDENTIFIED SURVIVORS.—In May 31, 2003, was in the New York City dis- the case of an individual who is described in ‘‘PART 2—WTC SURVIVORS aster area; and paragraph (1)(A)(i), the WTC Program Ad- ‘‘SEC. 3321. IDENTIFICATION AND INITIAL ‘‘(II) was deemed eligible to receive a grant ministrator shall provide the certification HEALTH EVALUATION OF SCREEN- from the Lower Manhattan Development under clause (i) not later than July 1, 2011. ING-ELIGIBLE AND CERTIFIED-ELI- Corporation WTC Small Firms Attraction ‘‘(II) OTHER MEMBERS.—In the case of an- GIBLE WTC SURVIVORS. and Retention Act program or other govern- other individual who is determined under ‘‘(a) IDENTIFICATION OF SCREENING-ELIGIBLE ment incentive program designed to revi- clause (i) to be eligible for followup moni- WTC SURVIVORS AND CERTIFIED-ELIGIBLE talize the lower Manhattan economy after toring and treatment, the WTC Program Ad- WTC SURVIVORS.— the September 11, 2001, terrorist attacks. ministrator shall provide the certification ‘‘(1) SCREENING-ELIGIBLE WTC SURVIVORS.— ‘‘(C) APPLICATION AND DETERMINATION PROC- under such clause at the time of such deter- ‘‘(A) DEFINITION.—In this title, the term ESS FOR SCREENING ELIGIBILITY.— mination. ‘screening-eligible WTC survivor’ means, ‘‘(i) IN GENERAL.—The WTC Program Ad- ‘‘(3) NUMERICAL LIMITATION ON CERTIFIED- subject to subparagraph (C) and paragraph ministrator in consultation with the Data ELIGIBLE WTC SURVIVORS.— (3), an individual who is described in any of Centers shall establish a process for individ- ‘‘(A) IN GENERAL.—The total number of in- the following clauses: uals, other than individuals described in sub- dividuals not described in paragraph (1)(A)(i) ‘‘(i) CURRENTLY IDENTIFIED SURVIVOR.—An paragraph (A)(i), to be determined to be who may be certified as certified-eligible individual, including a WTC responder, who screening-eligible WTC survivors. Under WTC survivors under paragraph (2)(B) shall has been identified as eligible for medical such process— not exceed 25,000 at any time. treatment and monitoring by the WTC Envi- ‘‘(I) there shall be no fee charged to the ap- ‘‘(B) PROCESS.—In implementing subpara- ronmental Health Center as of the date of plicant for making an application for such graph (A), the WTC Program Administrator enactment of this title. determination; shall— ‘‘(ii) SURVIVOR WHO MEETS CURRENT ELIGI- ‘‘(II) the Administrator shall make a deter- ‘‘(i) limit the number of certifications pro- BILITY CRITERIA.—An individual who is not a mination on such an application not later vided under paragraph (2)(B)— WTC responder, for purposes of the initial than 60 days after the date of filing the ap- ‘‘(I) in accordance with such subparagraph; health evaluation under subsection (b), plication; and claims symptoms of a WTC-related health ‘‘(III) the Administrator shall make such a ‘‘(II) to such number, as determined by the condition and meets any of the current eligi- determination relating to an applicant’s Administrator based on the best available in- bility criteria described in subparagraph (B). compliance with this title and shall not de- formation and subject to amounts made ‘‘(iii) SURVIVOR WHO MEETS MODIFIED ELIGI- termine that an individual is not so eligible available under section 3351, that will ensure BILITY CRITERIA.—An individual who is not a or deny written documentation under clause sufficient funds will be available to provide WTC responder, for purposes of the initial (ii) to such individual unless the Adminis- treatment and monitoring benefits under health evaluation under subsection (b), trator determines that— this title, with respect to all individuals re- claims symptoms of a WTC-related health ‘‘(aa) based on the application submitted, ceiving such certifications through the end condition and meets such eligibility criteria the individual does not meet the eligibility of fiscal year 2020; and relating to exposure to airborne toxins, criteria; or ‘‘(ii) provide priority in such certifications other hazards, or adverse conditions result- ‘‘(bb) the numerical limitation on certifi- in the order in which individuals apply for a ing from the September 11, 2001, terrorist at- cations of certified-eligible WTC survivors determination under paragraph (2)(B). tacks as the WTC Administrator determines, set forth in paragraph (3) has been met; and ‘‘(4) DISQUALIFICATION OF INDIVIDUALS ON after consultation with the Data Centers de- ‘‘(IV) an individual who is determined not TERRORIST WATCH LIST.—No individual who is scribed in section 3305 and the WTC Sci- to be a screening-eligible WTC survivor shall on the terrorist watch list maintained by the entific/Technical Advisory Committee and have an opportunity to appeal such deter- Department of Homeland Security shall WTC Health Program Steering Committees mination in a manner established under such qualify as a screening-eligible WTC survivor under section 3302. process. or a certified-eligible WTC survivor. Before The Administrator shall not modify such cri- ‘‘(ii) WRITTEN DOCUMENTATION OF SCREEN- determining any individual to be a screen- teria under clause (iii) on or after the date ING-ELIGIBILITY.— ing-eligible WTC survivor under paragraph that the number of certifications for cer- ‘‘(I) IN GENERAL.—In the case of an indi- (1) or certifying any individual as a certified tified-eligible WTC survivors under para- vidual who is described in subparagraph eligible WTC survivor under paragraph (2), graph (2)(B) has reached 80 percent of the (A)(i) or who is determined under clause (i) the Administrator, in consultation with the limit described in paragraph (3) or on or (consistent with paragraph (3)) to be a Secretary of Homeland Security, shall deter- after the date that the number of enroll- screening-eligible WTC survivor, the WTC mine whether the individual is on such list. ments of WTC responders has reached 80 per- Program Administrator shall provide an ap- ‘‘(b) INITIAL HEALTH EVALUATION TO DE- cent of the limit described in section propriate written documentation of such TERMINE ELIGIBILITY FOR FOLLOWUP MONI- 3311(a)(4). fact. TORING OR TREATMENT.— ‘‘(B) CURRENT ELIGIBILITY CRITERIA.—The ‘‘(II) TIMING.— ‘‘(1) IN GENERAL.—In the case of a screen- eligibility criteria described in this subpara- ‘‘(aa) CURRENTLY IDENTIFIED SURVIVORS.— ing-eligible WTC survivor, the WTC Program graph for an individual are that the indi- In the case of an individual who is described shall provide for an initial health evaluation

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to determine if the survivor has a WTC-re- followup monitoring and treatment of WTC- ‘‘(1) IN GENERAL.—In the case of an indi- lated health condition and is eligible for fol- related health conditions for certified-eligi- vidual who has a WTC-related health condi- lowup monitoring and treatment benefits ble WTC survivors. tion that is not work-related and has health under the WTC Program. Initial health eval- ‘‘(b) INDIVIDUALS DESCRIBED.—An indi- coverage for such condition through any uation protocols under section vidual described in this subsection is an indi- public or private health plan (including 3305(a)(2)(A)(ii) shall be subject to approval vidual who, regardless of location of resi- health benefits under title XVIII, XIX, or by the WTC Program Administrator. dence— XXI of the Social Security Act) the provi- ‘‘(2) INITIAL HEALTH EVALUATION PRO- ‘‘(1) is not an enrolled WTC responder or a sions of section 1862(b) of the Social Security VIDERS.—The initial health evaluation de- certified-eligible WTC survivor; and Act shall apply to such a health plan and scribed in paragraph (1) shall be provided ‘‘(2) is diagnosed at a Clinical Center of Ex- such individual in the same manner as they through a Clinical Center of Excellence with cellence with a WTC-related health condi- apply to group health plan and an individual respect to the individual involved. tion for certified-eligible WTC survivors. entitled to benefits under title XVIII of such ‘‘(3) LIMITATION ON INITIAL HEALTH EVALUA- ‘‘(c) LIMITATION.— Act pursuant to section 226(a) of such Act. TION BENEFITS.—Benefits for an initial health ‘‘(1) IN GENERAL.—The WTC Program Ad- Any costs for items and services covered evaluation under this part for a screening-el- ministrator shall limit benefits for any fiscal under such plan that are not reimbursed by igible WTC survivor shall consist only of a year under subsection (a) in a manner so such health plan, due to the application of single medical initial health evaluation con- that payments under this section for such deductibles, copayments, coinsurance, other sistent with initial health evaluation proto- fiscal year do not exceed the amount speci- cost sharing, or otherwise, are reimbursable cols described in paragraph (1). Nothing in fied in paragraph (2) for such fiscal year. under this title to the extent that they are this paragraph shall be construed as pre- ‘‘(2) LIMITATION.—The amount specified in covered under the WTC Program. The pro- venting such an individual from seeking ad- this paragraph for— gram under this title shall not be treated as ditional medical initial health evaluations ‘‘(A) the last calendar quarter of fiscal a legally liable party for purposes of apply- at the expense of the individual. year 2011 is $5,000,000; ing section 1902(a)(25) of the Social Security ‘‘SEC. 3322. FOLLOWUP MONITORING AND TREAT- ‘‘(B) fiscal year 2012 is $20,000,000; or Act. MENT OF CERTIFIED-ELIGIBLE WTC ‘‘(C) a succeeding fiscal year is the amount ‘‘(2) RECOVERY BY INDIVIDUAL PROVIDERS.— SURVIVORS FOR WTC-RELATED specified in this paragraph for the previous Nothing in paragraph (1) shall be construed HEALTH CONDITIONS. fiscal year increased by the annual percent- as requiring an entity providing monitoring ‘‘(a) IN GENERAL.—Subject to subsection age increase in the medical care component and treatment under this title to seek reim- (b), the provisions of sections 3311 and 3312 of the consumer price index for all urban bursement under a health plan with which shall apply to followup monitoring and consumers. the entity has no contract for reimburse- treatment of WTC-related health conditions ment. ‘‘PART 3—PAYOR PROVISIONS for certified-eligible WTC survivors in the ‘‘(3) MAINTENANCE OF REQUIRED MINIMUM ES- same manner as such provisions apply to the ‘‘SEC. 3331. PAYMENT OF CLAIMS. SENTIAL COVERAGE.—No payment may be monitoring and treatment of WTC-related ‘‘(a) IN GENERAL.—Except as provided in made for monitoring and treatment under health conditions for enrolled WTC respond- subsections (b) and (c), the cost of moni- this title for an individual for a month (be- ers. toring and treatment benefits and initial ginning with July 2014) if with respect to ‘‘(b) LIST OF WTC-RELATED HEALTH CONDI- health evaluation benefits provided under such month the individual— TIONS FOR SURVIVORS.—The list of health parts 1 and 2 of this subtitle shall be paid for ‘‘(A) is an applicable individual (as defined conditions for screening-eligible WTC sur- by the WTC Program from the World Trade in subsection (d) of section 5000A of Internal vivors and certified-eligible WTC survivors Center Health Program Fund. Revenue Code of 1986) for whom the exemp- consists of the following: ‘‘(b) WORKERS’ COMPENSATION PAYMENT.— tion under subsection (e) of such section does ‘‘(1) AERODIGESTIVE DISORDERS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), not apply; and ‘‘(A) Interstitial lung diseases. payment for treatment under parts 1 and 2 of ‘‘(B) is not covered under minimum essen- ‘‘(B) Chronic respiratory disorder—fumes/ this subtitle of a WTC-related health condi- tial coverage, as required under subsection vapors. tion of an individual that is work-related (a) of such section. ‘‘(C) Asthma. shall be reduced or recouped to the extent ‘‘(d) REQUIRED CONTRIBUTION BY NEW YORK ‘‘(D) Reactive airways dysfunction syn- that the WTC Program Administrator deter- CITY IN PROGRAM COSTS.— drome (RADS). mines that payment has been made, or can ‘‘(1) CONTRACT REQUIREMENT.— ‘‘(E) WTC-exacerbated chronic obstructive reasonably be expected to be made, under a ‘‘(A) IN GENERAL.—No funds may be dis- pulmonary disease (COPD). workers’ compensation law or plan of the bursed from the World Trade Center Health ‘‘(F) Chronic cough syndrome. United States, a State, or a locality, or other Program Fund under section 3351 unless New ‘‘(G) Upper airway hyperreactivity. work-related injury or illness benefit plan of York City has entered into a contract with ‘‘(H) Chronic rhinosinusitis. the employer of such individual, for such the WTC Program Administrator under ‘‘(I) Chronic nasopharyngitis. treatment. The provisions of clauses (iii), which New York City agrees, in a form and ‘‘(J) Chronic laryngitis. (iv), (v), and (vi) of paragraph (2)(B) of sec- manner specified by the Administrator, to ‘‘(K) Gastroesophageal reflux disorder tion 1862(b) of the Social Security Act and pay the full contribution described in sub- (GERD). paragraphs (3) and (4) of such section shall paragraph (B) in accordance with this sub- ‘‘(L) Sleep apnea exacerbated by or related apply to the recoupment under this subsection on a timely basis, plus any interest to a condition described in a previous clause. section of a payment to the WTC Program owed pursuant to subparagraph (E)(i). Such ‘‘(2) MENTAL HEALTH CONDITIONS.— (with respect to a workers’ compensation contract shall specify the terms under which ‘‘(A) Posttraumatic stress disorder (PTSD). law or plan, or other work-related injury or New York City shall be considered to have ‘‘(B) Major depressive disorder. illness plan of the employer involved, and made the full payment required for a quarter ‘‘(C) Panic disorder. such individual) in the same manner as such for purposes of subsection (b)(2). ‘‘(D) Generalized anxiety disorder. provisions apply to the reimbursement of a ‘‘(B) FULL CONTRIBUTION AMOUNT.—Under ‘‘(E) Anxiety disorder (not otherwise speci- payment under section 1862(b)(2) of such Act such contract, with respect to the last cal- fied). to the Secretary (with respect to such a law endar quarter of fiscal year 2011 and each ‘‘(F) Depression (not otherwise specified). or plan and an individual entitled to benefits calendar quarter in fiscal years 2012 through ‘‘(G) Acute stress disorder. under title XVIII of such Act) except that 2018 the full contribution amount under this ‘‘(H) Dysthymic disorder. any reference in such paragraph (4) to pay- subparagraph shall be equal to 10 percent of ‘‘(I) Adjustment disorder. ment rates under title XVIII of the Social the expenditures in carrying out this title ‘‘(J) Substance abuse. Security Act shall be deemed a reference to for the respective quarter and with respect ‘‘(3) ADDITIONAL CONDITIONS.—Any cancer payment rates under this title. to calendar quarters in fiscal years 2019 and (or type of cancer) or other condition added ‘‘(2) EXCEPTION.—Paragraph (1) shall not 2020, such full contribution amount shall be 1 to the list in section 3312(a)(3) pursuant to apply for any quarter, with respect to any equal to ⁄9 of the Federal expenditures in paragraph (5) or (6) of section 3312(a), as such workers’ compensation law or plan, includ- carrying out this title for the respective provisions are applied under subsection (a) ing line of duty compensation, to which New quarter. with respect to certified-eligible WTC sur- York City is obligated to make payments, if, ‘‘(C) SATISFACTION OF PAYMENT OBLIGA- vivors. in accordance with terms specified under the TION.—The payment obligation under such ‘‘SEC. 3323. FOLLOWUP MONITORING AND TREAT- contract under subsection (d)(1)(A), New contract may not be satisfied through any of MENT OF OTHER INDIVIDUALS WITH York City has made the full payment re- the following: WTC-RELATED HEALTH CONDI- quired under such contract for such quarter. ‘‘(i) An amount derived from Federal TIONS. ‘‘(3) RULES OF CONSTRUCTION.—Nothing in sources. ‘‘(a) IN GENERAL.—Subject to subsection this title shall be construed to affect, mod- ‘‘(ii) An amount paid before the date of the (c), the provisions of section 3322 shall apply ify, or relieve any obligations under a work- enactment of this title. to the followup monitoring and treatment of er’s compensation law or plan, other work- ‘‘(iii) An amount paid to satisfy a judg- WTC-related health conditions in the case of related injury or illness benefit plan of an ment or as part of a settlement related to in- individuals described in subsection (b) in the employer, or any health insurance plan. juries or illnesses arising out of the Sep- same manner as such provisions apply to the ‘‘(c) HEALTH INSURANCE COVERAGE.— tember 11, 2001, terrorist attacks.

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‘‘(D) TIMING OF CONTRIBUTION.—The pay- ‘‘Subtitle C—Research Into Conditions ‘‘(ii)(I) $71,000,000 for the last calendar ment obligation under such contract for a ‘‘SEC. 3341. RESEARCH REGARDING CERTAIN quarter of fiscal year 2011, $318,000,000 for fis- calendar quarter in a fiscal year shall be paid HEALTH CONDITIONS RELATED TO cal year 2012, $354,000,000 for fiscal year 2013, not later than the last day of the second suc- SEPTEMBER 11 TERRORIST AT- $382,000,000 for fiscal year 2014, $431,000,000 for ceeding calendar quarter. TACKS. fiscal year 2015, $481,000,000 for fiscal year ‘‘(E) COMPLIANCE.— ‘‘(a) IN GENERAL.—With respect to individ- 2016, $537,000,000 for fiscal year 2017, uals, including enrolled WTC responders and ‘‘(i) INTEREST FOR LATE PAYMENT.—If New $601,000,000 for fiscal year 2018, and York City fails to pay to the WTC Program certified-eligible WTC survivors, receiving $173,000,000 for fiscal year 2019; and monitoring or treatment under subtitle B, Administrator pursuant to such contract the ‘‘(II) subject to paragraph (4), an additional the WTC Program Administrator shall con- $499,000,000 for fiscal year 2019 and $743,000,000 amount required for any calendar quarter by duct or support— for fiscal year 2020; plus the day specified in subparagraph (D), inter- ‘‘(1) research on physical and mental ‘‘(B) the New York City share, consisting est shall accrue on the amount not so paid at health conditions that may be related to the of the amount contributed under the con- the rate (determined by the Administrator) September 11, 2001, terrorist attacks; tract under section 3331(d). based on the average yield to maturity, plus ‘‘(2) research on diagnosing WTC-related ‘‘(3) CONTRACT REQUIREMENT.— 1 percentage point, on outstanding municipal health conditions of such individuals, in the ‘‘(A) IN GENERAL.—No funds may be dis- bonds issued by New York City with a re- case of conditions for which there has been bursed from the Fund unless New York City maining maturity of at least 1 year. diagnostic uncertainty; and has entered into a contract with the WTC ‘‘(ii) RECOVERY OF AMOUNTS OWED.— The ‘‘(3) research on treating WTC-related Program Administrator under section amounts owed to the WTC Program Adminis- health conditions of such individuals, in the 3331(d)(1). trator under such contract shall be recover- case of conditions for which there has been ‘‘(B) BREACH OF CONTRACT.— In the case of able by the United States in an action in the treatment uncertainty. a failure to pay the amount so required same manner as payments made under title The Administrator may provide such support under the contract— XVIII of the Social Security Act may be re- through continuation and expansion of re- ‘‘(i) the amount is recoverable under sub- coverable in an action brought under section search that was initiated before the date of paragraph (E)(ii) of such section; 1862(b)(2)(B)(iii) of such Act. the enactment of this title and through the ‘‘(ii) such failure shall not affect the dis- ‘‘(F) DEPOSIT IN FUND.—The WTC Program World Trade Center Health Registry (re- bursement of amounts from the Fund; and Administer shall deposit amounts paid under ferred to in section 3342), through a Clinical ‘‘(iii) the Federal share described in para- Center of Excellence, or through a Data Cen- such contract into the World Trade Center graph (2)(A) shall not be increased by the ter. Health Program Fund under section 3351. amount so unpaid. ‘‘(b) TYPES OF RESEARCH.—The research ‘‘(4) AGGREGATE LIMITATION ON FUNDING BE- ‘‘(2) PAYMENT OF NEW YORK CITY SHARE OF under subsection (a)(1) shall include epi- GINNING WITH FISCAL YEAR 2019.—Beginning MONITORING AND TREATMENT COSTS.—With re- demiologic and other research studies on with fiscal year 2019, in no case shall the spect to each calendar quarter for which a WTC-related health conditions or emerging share of Federal funds deposited into the contribution is required by New York City conditions— Fund under paragraph (2) for such fiscal year under the contract under paragraph (1), the ‘‘(1) among enrolled WTC responders and and previous fiscal years and quarters exceed WTC Program Administrator shall— certified-eligible WTC survivors under treat- the sum of the amounts specified in para- ‘‘(A) provide New York City with an esti- ment; and graph (2)(A)(ii)(I). mate of such amount of the required con- ‘‘(2) in sampled populations outside the ‘‘(b) MANDATORY FUNDS FOR MONITORING, tribution at the beginning of such quarter New York City disaster area in Manhattan INITIAL HEALTH EVALUATIONS, TREATMENT, and with an updated estimate of such as far north as 14th Street and in Brooklyn, AND CLAIMS PROCESSING.— amount at the beginning of each of the sub- along with control populations, to identify ‘‘(1) IN GENERAL.—The amounts deposited sequent 2 quarters; potential for long-term adverse health ef- into the Fund under subsection (a)(2) shall be ‘‘(B) bill such amount directly to New fects in less exposed populations. available, without further appropriation, York City; and ‘‘(c) CONSULTATION.—The WTC Program consistent with paragraph (2) and subsection ‘‘(C) certify periodically, for purposes of Administrator shall carry out this section in (c), to carry out subtitle B and sections this subsection, whether or not New York consultation with the WTC Scientific/Tech- 3302(a), 3303, 3304, 3305(a)(2), 3305(c), 3341, and City has paid the amount so billed. nical Advisory Committee. 3342. ‘‘(d) APPLICATION OF PRIVACY AND HUMAN Such amount shall initially be estimated by ‘‘(2) LIMITATION ON MANDATORY FUNDING.— SUBJECT PROTECTIONS.—The privacy and the WTC Program Administrator and shall This title does not establish any Federal ob- human subject protections applicable to re- be subject to adjustment and reconciliation ligation for payment of amounts in excess of search conducted under this section shall not based upon actual expenditures in carrying the amounts available from the Fund for be less than such protections applicable to out this title. such purpose. research conducted or funded by the Depart- ‘‘(3) LIMITATION ON AUTHORIZATION FOR FUR- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in ment of Health and Human Services. this subsection shall be construed as author- THER APPROPRIATIONS.—This title does not ‘‘SEC. 3342. WORLD TRADE CENTER HEALTH REG- establish any authorization for appropria- izing the WTC Administrator, with respect ISTRY. to a fiscal year, to reduce the numerical lim- tion of amounts in excess of the amounts ‘‘For the purpose of ensuring ongoing data available from the Fund under paragraph (1). itation under section 3311(a)(4) or 3321(a)(3) collection relating to victims of the Sep- ‘‘(c) LIMITS ON SPENDING FOR CERTAIN PUR- for such fiscal year if New York City fails to tember 11, 2001, terrorist attacks, the WTC POSES.—Of the amounts made available comply with paragraph (1) for a calendar Program Administrator shall ensure that a quarter in such fiscal year. under subsection (b)(1), not more than each registry of such victims is maintained that of the following amounts may be available ‘‘(e) WORK-RELATED DESCRIBED.—For the is at least as comprehensive as the World for each of the following purposes: Trade Center Health Registry maintained purposes of this section, a WTC-related ‘‘(1) SURVIVING IMMEDIATE FAMILY MEMBERS under the arrangements in effect as of April health condition shall be treated as a condi- OF FIREFIGHTERS.—For the purposes of car- 20, 2009, with the New York City Department tion that is work-related if— rying out subtitle B with respect to WTC re- of Health and Mental Hygiene. ‘‘(1) the condition is diagnosed in an en- sponders described in section rolled WTC responder, or in an individual ‘‘Subtitle D—Funding 3311(a)(2)(A)(ii)— who qualifies as a certified-eligible WTC sur- ‘‘SEC. 3351. WORLD TRADE CENTER HEALTH PRO- ‘‘(A) for the last calendar quarter of fiscal vivor on the basis of being a rescue, recov- GRAM FUND. year 2011, $100,000; ery, or cleanup worker; or ‘‘(a) ESTABLISHMENT OF FUND.— ‘‘(B) for fiscal year 2012, $400,000; and ‘‘(2) with respect to the condition the indi- ‘‘(1) IN GENERAL.—There is established a ‘‘(C) for each subsequent fiscal year, the vidual has filed and had established a claim fund to be known as the World Trade Center amount specified under this paragraph for under a workers’ compensation law or plan Health Program Fund (referred to in this the previous fiscal year increased by the per- section as the ‘Fund’). centage increase in the consumer price index of the United States or a State, or other ‘‘(2) FUNDING.—Out of any money in the for all urban consumers (all items; United work-related injury or illness benefit plan of Treasury not otherwise appropriated, there States city average) as estimated by the Sec- the employer of such individual. shall be deposited into the Fund for each of retary for the 12-month period ending with ‘‘SEC. 3332. ADMINISTRATIVE ARRANGEMENT AU- fiscal years 2012 through 2020 (and the last March of the previous year. THORITY. calendar quarter of fiscal year 2011)— ‘‘(2) WTC HEALTH PROGRAM SCIENTIFIC/TECH- ‘‘(A) the Federal share, consisting of an NICAL ADVISORY COMMITTEE.—For the purpose ‘‘The WTC Program Administrator may amount equal to the lesser of— of carrying out section 3302(a)— enter into arrangements with other govern- ‘‘(i) 90 percent of the expenditures in car- ‘‘(A) for the last calendar quarter of fiscal ment agencies, insurance companies, or rying out this title for the respective fiscal year 2011, $25,000; other third-party administrators to provide year (initially based on estimates, subject to ‘‘(B) for fiscal year 2012, $100,000; and for timely and accurate processing of claims subsequent reconciliation based on actual ‘‘(C) for each subsequent fiscal year, the under sections 3312, 3313, 3322, and 3323. expenditures); or amount specified under this paragraph for

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6392 CONGRESSIONAL RECORD — HOUSE July 29, 2010 the previous fiscal year increased by the per- parent, subsidiary, associated or allied com- (1) by redesignating subparagraphs (A) and centage increase in the consumer price index pany, affiliated company, corporation, firm, (B) as subparagraphs (B) and (C), respec- for all urban consumers (all items; United organization, or joint venture thereof that tively; and States city average) as estimated by the Sec- participated in debris removal at any 9/11 (2) by inserting before subparagraph (B), as retary for the 12-month period ending with crash site. Such term shall not include any so redesignated, the following new subpara- March of the previous year. entity, including the Port Authority of New graph: ‘‘(3) EDUCATION AND OUTREACH.—For the York and New Jersey, with a property inter- ‘‘(A) REQUIREMENTS FOR FILING CLAIMS DUR- purpose of carrying out section 3303— est in the World Trade Center, on September ING EXTENDED FILING PERIOD.— ‘‘(A) for the last calendar quarter of fiscal 11, 2001, whether fee simple, leasehold or ‘‘(i) TIMING REQUIREMENTS FOR FILING year 2011, $500,000; easement, direct or indirect. CLAIMS.—An individual (or a personal rep- ‘‘(B) for fiscal year 2012, $2,000,000; and ‘‘(8) DEBRIS REMOVAL.—The term ‘debris re- resentative on behalf of a deceased indi- ‘‘(C) for each subsequent fiscal year, the moval’ means rescue and recovery efforts, vidual) may file a claim during the period amount specified under this paragraph for removal of debris, cleanup, remediation, and described in subsection (a)(3)(B) as follows: the previous fiscal year increased by the per- response during the immediate aftermath of ‘‘(I) In the case that the Special Master de- centage increase in the consumer price index the terrorist-related aircraft crashes of Sep- termines the individual knew (or reasonably for all urban consumers (all items; United tember 11, 2001, with respect to a 9/11 crash should have known) before the date specified States city average) as estimated by the Sec- site.’’; in clause (iii) that the individual suffered a retary for the 12-month period ending with (3) by inserting after paragraph (10), as so physical harm at a 9/11 crash site as a result March of the previous year. redesignated, the following new paragraph of the terrorist-related aircraft crashes of ‘‘(4) UNIFORM DATA COLLECTION.—For the and redesignating the subsequent paragraphs September 11, 2001, or as a result of debris re- purpose of carrying out section 3304 and for accordingly: moval, and that the individual knew (or reimbursing Data Centers (as defined in sec- ‘‘(11) IMMEDIATE AFTERMATH.—The term should have known) before such specified tion 3305(b)(2)) for the costs incurred by such ‘immediate aftermath’ means any period be- date that the individual was eligible to file a Centers in carrying out activities under con- ginning with the terrorist-related aircraft claim under this title, the individual may tracts entered into under section 3305(a)(2)— crashes of September 11, 2001, and ending on file a claim not later than the date that is 2 ‘‘(A) for the last calendar quarter of fiscal August 30, 2002.’’; and years after such specified date. year 2011, $2,500,000; (4) by adding at the end the following new ‘‘(II) In the case that the Special Master ‘‘(B) for fiscal year 2012, $10,000,000; and paragraph: determines the individual first knew (or rea- ‘‘(C) for each subsequent fiscal year, the ‘‘(14) 9/11 CRASH SITE.—The term ‘9/11 crash sonably should have known) on or after the amount specified under this paragraph for site’ means— date specified in clause (iii) that the indi- the previous fiscal year increased by the per- ‘‘(A) the World Trade Center site, Pen- vidual suffered such a physical harm or that centage increase in the consumer price index tagon site, and Shanksville, Pennsylvania the individual first knew (or should have for all urban consumers (all items; United site; known) on or after such specified date that States city average) as estimated by the Sec- ‘‘(B) the buildings or portions of buildings the individual was eligible to file a claim retary for the 12-month period ending with that were destroyed as a result of the ter- under this title, the individual may file a March of the previous year. rorist-related aircraft crashes of September claim not later than the last day of the 2- ‘‘(5) RESEARCH REGARDING CERTAIN HEALTH 11, 2001; year period beginning on the date the Spe- CONDITIONS.—For the purpose of carrying out ‘‘(C) any area contiguous to a site of such cial Master determines the individual first section 3341— crashes that the Special Master determines knew (or should have known) that the indi- ‘‘(A) for the last calendar quarter of fiscal was sufficiently close to the site that there vidual both suffered from such harm and was year 2011, $3,750,000; was a demonstrable risk of physical harm re- eligible to file a claim under this title. ‘‘(B) for fiscal year 2012, $15,000,000; and sulting from the impact of the aircraft or ‘‘(ii) OTHER ELIGIBILITY REQUIREMENTS FOR ‘‘(C) for each subsequent fiscal year, the any subsequent fire, explosions, or building FILING CLAIMS.—An individual may file a amount specified under this paragraph for collapses (including the immediate area in claim during the period described in sub- the previous fiscal year increased by the per- which the impact occurred, fire occurred, section (a)(3)(B) only if— centage increase in the consumer price index portions of buildings fell, or debris fell upon ‘‘(I) the individual was treated by a med- for all urban consumers (all items; United and injured individuals); and ical professional for suffering from a phys- States city average) as estimated by the Sec- ‘‘(D) any area related to, or along, routes ical harm described in clause (i)(I) within a retary for the 12-month period ending with of debris removal, such as barges and Fresh reasonable time from the date of discovering March of the previous year. Kills.’’. such harm; and ‘‘(6) WORLD TRADE CENTER HEALTH REG- SEC. 202. EXTENDED AND EXPANDED ELIGI- ‘‘(II) the individual’s physical harm is ISTRY.—For the purpose of carrying out sec- BILITY FOR COMPENSATION. verified by contemporaneous medical records tion 3342— (a) INFORMATION ON LOSSES RESULTING created by or at the direction of the medical ‘‘(A) for the last calendar quarter of fiscal FROM DEBRIS REMOVAL INCLUDED IN CON- professional who provided the medical care. year 2011, $1,750,000; TENTS OF CLAIM FORM.—Section 405(a)(2)(B) ‘‘(iii) DATE SPECIFIED.—The date specified ‘‘(B) for fiscal year 2012, $7,000,000; and of the Air Transportation Safety and System in this clause is the date on which the regu- ‘‘(C) for each subsequent fiscal year, the Stabilization Act (49 U.S.C. 40101 note) is lations are updated under section 407(a).’’. amount specified under this paragraph for amended— (d) CLARIFYING APPLICABILITY TO ALL 9/11 the previous fiscal year increased by the per- (1) in clause (i), by inserting ‘‘, or debris re- CRASH SITES.—Section 405(c)(2)(A)(i) of such centage increase in the consumer price index moval during the immediate aftermath’’ Act is amended by striking ‘‘or the site of for all urban consumers (all items; United after ‘‘September 11, 2001’’; the aircraft crash at Shanksville, Pennsyl- States city average) as estimated by the Sec- (2) in clause (ii), by inserting ‘‘or debris re- vania’’ and inserting ‘‘the site of the aircraft retary for the 12-month period ending with moval during the immediate aftermath’’ crash at Shanksville, Pennsylvania, or any March of the previous year.’’. after ‘‘crashes’’; and other 9/11 crash site’’. (3) in clause (iii), by inserting ‘‘or debris (e) INCLUSION OF PHYSICAL HARM RESULT- TITLE II—SEPTEMBER 11TH VICTIM removal during the immediate aftermath’’ ING FROM DEBRIS REMOVAL.—Section 405(c) of COMPENSATION FUND OF 2001 after ‘‘crashes’’. such Act is amended in paragraph (2)(A)(ii), SEC. 201. DEFINITIONS. (b) EXTENSION OF DEADLINE FOR CLAIMS by inserting ‘‘or debris removal’’ after ‘‘air Section 402 of the Air Transportation Safe- UNDER SEPTEMBER 11TH VICTIM COMPENSA- crash’’. ty and System Stabilization Act (49 U.S.C. TION FUND OF 2001.—Section 405(a)(3) of such (f) LIMITATIONS ON CIVIL ACTIONS.— 40101 note) is amended— Act is amended to read as follows: (1) APPLICATION TO DAMAGES RELATED TO (1) in paragraph (6) by inserting ‘‘, or de- ‘‘(3) LIMITATION.— DEBRIS REMOVAL.—Clause (i) of section bris removal, including under the World ‘‘(A) IN GENERAL.—Except as provided by 405(c)(3)(C) of such Act, as redesignated by Trade Center Health Program established subparagraph (B), no claim may be filed subsection (c), is amended by inserting ‘‘, or under section 3001 of the Public Health Serv- under paragraph (1) after the date that is 2 for damages arising from or related to debris ice Act, and payments made pursuant to the years after the date on which regulations are removal’’ after ‘‘September 11, 2001’’. settlement of a civil action described in sec- promulgated under section 407(a). (2) PENDING ACTIONS.—Clause (ii) of such tion 405(c)(3)(C)(iii)’’ after ‘‘September 11, ‘‘(B) EXCEPTION.—A claim may be filed section, as so redesignated, is amended to 2001’’; under paragraph (1), in accordance with sub- read as follows: (2) by inserting after paragraph (6) the fol- section (c)(3)(A)(i), by an individual (or by a ‘‘(ii) PENDING ACTIONS.—In the case of an lowing new paragraphs and redesignating personal representative on behalf of a de- individual who is a party to a civil action de- subsequent paragraphs accordingly: ceased individual) during the period begin- scribed in clause (i), such individual may not ‘‘(7) CONTRACTOR AND SUBCONTRACTOR.—The ning on the date on which the regulations submit a claim under this title— term ‘contractor and subcontractor’ means are updated under section 407(b) and ending ‘‘(I) during the period described in sub- any contractor or subcontractor (at any tier on December 22, 2031.’’. section (a)(3)(A) unless such individual with- of a subcontracting relationship), including (c) REQUIREMENTS FOR FILING CLAIMS DUR- draws from such action by the date that is 90 any general contractor, construction man- ING EXTENDED FILING PERIOD.—Section days after the date on which regulations are ager, prime contractor, consultant, or any 405(c)(3) of such Act is amended— promulgated under section 407(a); and

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6393 ‘‘(II) during the period described in sub- property interest in the World Trade Center ‘‘(i) all claimants who, before application section (a)(3)(B) unless such individual with- on September 11, 2001 (whether fee simple, of the limitation under the second sentence draws from such action by the date that is 90 leasehold or easement, or direct or indirect), of paragraph (1), would have been determined days after the date on which the regulations the amount of all available liability insur- to be entitled to a payment under this title are updated under section 407(b).’’. ance coverage maintained by any such enti- during such 10-year period, receive a pay- (3) SETTLED ACTIONS; AUTHORITY TO RE- ty. ment during such period; and INSTITUTE CERTAIN LAWSUITS.—Such section, ‘‘(E) As it relates to the limitation of li- ‘‘(ii) the total amount of all such payments as so redesignated, is further amended by ability of any individual contractor or sub- made during such 10-year period do not ex- contractor, the amount of all available li- adding at the end the following new clauses: ceed the amount available under the second ‘‘(iii) SETTLED ACTIONS.—In the case of an ability insurance coverage maintained by sentence of paragraph (1) to pay claims dur- individual who settled a civil action de- such contractor or subcontractor on Sep- ing such period. scribed in clause (i), such individual may not tember 11, 2001. ‘‘(B) PAYMENT OF REMAINDER OF CLAIM submit a claim under this title unless such ‘‘(5) PRIORITY OF CLAIMS PAYMENTS.—Pay- action was commenced after December 22, ments to plaintiffs who obtain a settlement AMOUNTS.—In any case in which the amount 2003, and a release of all claims in such ac- or judgment with respect to a claim or ac- of a claim is ratably reduced pursuant to tion was tendered prior to the date on which tion to which paragraph (4)(A) applies, shall subparagraph (A), on or after the first day the James Zadroga 9/11 Health and Com- be paid solely from the following funds in the after the 10-year period described in para- pensation Act of 2010 was enacted. following order, as may be applicable: graph (1), the Special Master shall pay to the ‘‘(iv) AUTHORITY TO REINSTITUTE CERTAIN ‘‘(A) The funds described in clause (i) or (ii) claimant the amount that is equal to the dif- LAWSUITS.—In the case of a claimant who of paragraph (4)(A). ference between— was a party to a civil action described in ‘‘(B) If there are no funds available as de- ‘‘(i) the amount that the claimant would clause (i), who withdrew from such action scribed in clause (i) or (ii) of paragraph have been paid under this title during such pursuant to clause (ii), and who is subse- (4)(A), the funds described in clause (iii) of period without regard to the limitation quently determined to not be an eligible in- such paragraph. under the second sentence of paragraph (1) ‘‘(C) If there are no funds available as de- dividual for purposes of this subsection, such applicable to such period; and scribed in clause (i), (ii), or (iii) of paragraph claimant may reinstitute such action with- ‘‘(ii) the amount the claimant was paid (4)(A), the funds described in clause (iv) of out prejudice during the 90-day period begin- under this title during such period. ning after the date of such ineligibility de- such paragraph. termination.’’. ‘‘(D) If there are no funds available as de- ‘‘(e) ATTORNEY FEES.— scribed in clause (i), (ii), (iii), or (iv) of para- ‘‘(1) IN GENERAL.—Notwithstanding any SEC. 203. REQUIREMENT TO UPDATE REGULA- graph (4)(A), the funds described in clause (v) TIONS. contract, and except as provided in para- of such paragraph. Section 407 of the Air Transportation Safe- graphs (2) and (3), the representative of an ‘‘(6) DECLARATORY JUDGMENT ACTIONS AND ty and System Stabilization Act (49 U.S.C. individual may not charge, for services ren- DIRECT ACTION.—Any party to a claim or ac- 40101 note) is amended— dered in connection with the claim of an in- tion to which paragraph (4)(A) applies may, dividual under this title, more than 10 per- (1) by striking ‘‘Not later than’’ and insert- with respect to such claim or action, either cent of an award made under this title on ing ‘‘(a) IN GENERAL.—Not later than’’; and file an action for a declaratory judgment for such claim. (2) by adding at the end the following new insurance coverage or bring a direct action subsection: against the insurance company involved.’’. ‘‘(2) LIMITATION.— ‘‘(b) UPDATED REGULATIONS.—Not later ‘‘(A) IN GENERAL.—Except as provided in SEC. 205. FUNDING; ATTORNEY FEES. than 90 days after the date of the enactment Section 406 of the Air Transportation Safe- subparagraph (B), in the case of an indi- of the James Zadroga 9/11 Health and Com- ty and System Stabilization Act (49 U.S.C. vidual who was charged a legal fee in connec- pensation Act of 2010, the Special Master 40101 note) is amended— tion with the settlement of a civil action de- shall update the regulations promulgated (1) in subsection (a), by striking ‘‘Not later scribed in section 405(c)(3)(C)(iii), the rep- under subsection (a) to the extent necessary than’’ and inserting ‘‘Subject to the limita- resentative of the individual may not charge to comply with the provisions of title II of tions under subsection (d), not later than’’; any amount for compensation for services such Act.’’. (2) in subsection (b)— rendered in connection with a claim filed SEC. 204. LIMITED LIABILITY FOR CERTAIN (A) by inserting ‘‘in the amounts provided under this title. CLAIMS. under subsection (d)(1)’’ after ‘‘appropria- ‘‘(B) EXCEPTION.—If the legal fee charged in Section 408(a) of the Air Transportation tions Acts’’; and connection with the settlement of a civil ac- Safety and System Stabilization Act (49 (B) by inserting ‘‘subject to the limitations tion described in section 405(c)(3)(C)(iii) of an U.S.C. 40101 note) is amended by adding at under subsection (d)’’ before the period; and individual is less than 10 percent of the ag- the end the following new paragraphs: (3) by adding at the end the following new gregate amount of compensation awarded to ‘‘(4) LIABILITY FOR CERTAIN CLAIMS.—Not- subsections: such individual through such settlement and withstanding any other provision of law, li- ‘‘(d) LIMITATION.— the claim of the individual under this title, ability for all claims and actions (including ‘‘(1) IN GENERAL.—The total amount of Fed- claims or actions that have been previously eral funds paid for compensation under this the representative of such individual may resolved, that are currently pending, and title, with respect to claims filed on or after charge an amount for compensation for serv- that may be filed through December 22, 2031) the date on which the regulations are up- ices rendered in connection with such claim for compensatory damages, contribution or dated under section 407(b), shall not exceed under this title to the extent that such indemnity, or any other form or type of re- $8,400,000,000. Of such amounts, $4,200,000,000 amount charged is not more than— lief, arising from or related to debris re- shall be available to pay such claims during ‘‘(i) 10 percent of such aggregate amount, moval, against the City of New York, any en- the 10-year period beginning on such date minus tity (including the Port Authority of New and $4,200,000,000 shall be available to pay ‘‘(ii) the total amount of all legal fees York and New Jersey) with a property inter- such claims after such period. charged for services rendered in connection est in the World Trade Center on September ‘‘(2) PRO-RATION AND PAYMENT OF REMAIN- with such settlement. 11, 2001 (whether fee simple, leasehold or ING CLAIMS.— ‘‘(3) EXCEPTION.—With respect to a claim easement, or direct or indirect) and any con- ‘‘(A) IN GENERAL.—With respect to the one- made on behalf of an individual for whom a tractors and subcontractors, shall not be in year period beginning on the date on which lawsuit was filed in the Southern District of an amount that exceeds the sum of the fol- the first payment is made under this title for New York prior to January 1, 2009, in the lowing, as may be applicable: claims filed pursuant to the regulations up- event that the representative believes in ‘‘(A) The amount of funds of the WTC Cap- dated under section 407(b), the Special Mas- good faith that the fee limit set by para- tive Insurance Company, including the cu- ter shall examine the total number of such graph (1) or (2) will not provide adequate mulative interest. claims paid during such period and the compensation for services rendered in con- ‘‘(B) The amount of all available insurance amounts of the payments made for such identified in schedule 2 of the WTC Captive claims to project the total number and nection with such claim because of the sub- Insurance Company insurance policy. amount of claims expected to be paid under stantial amount of legal work provided on ‘‘(C) As it relates to the limitation of li- this title during the 10-year period described behalf of the claimant (including work per- ability of the City of New York, the amount in paragraph (1). If, based on such projection, formed before the enactment of this legisla- that is the greater of the City of New York’s the Special Master determines that there tion), application for greater compensation insurance coverage or $350,000,000. In deter- will be insufficient funds available under may be made to the Special Master. Upon mining the amount of the City’s insurance paragraph (1) to pay such claims during such such application, the Special Master may, in coverage for purposes of the previous sen- 10-year period, beginning on the first day fol- his or her discretion, award as reasonable tence, any amount described in clauses (i) lowing such one-year period, the Special compensation for services rendered an and (ii) shall not be included. Master shall ratably reduce the amount of amount greater than that allowed for in ‘‘(D) As it relates to the limitation of li- compensation due claimants under this title paragraph (1). Such fee award will be final, ability of any entity, including the Port Au- in a manner to ensure, to the extent pos- binding, and non-appealable.’’. thority of New York and New Jersey, with a sible, that—

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6394 CONGRESSIONAL RECORD — HOUSE July 29, 2010 TITLE III—LIMITATION ON TREATY BENE- enactment of this Act is increased by 3 per- Today is an important step towards en- FITS FOR CERTAIN DEDUCTIBLE PAY- centage points. suring that the appropriate resources MENTS; TIME FOR PAYMENT OF COR- TITLE IV—BUDGETARY EFFECTS are available to take care of those who PORATE ESTIMATED TAXES SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS- risked their lives to save others on SEC. 301. LIMITATION ON TREATY BENEFITS FOR YOU-GO ACT OF 2010. September 11. CERTAIN DEDUCTIBLE PAYMENTS. The budgetary effects of this Act, for the I urge my colleagues to suspend the (a) IN GENERAL.—Section 894 of the Inter- purpose of complying with the Statutory nal Revenue Code of 1986 (relating to income rules and pass the bill. Pay-As-You-Go-Act of 2010, shall be deter- Mr. Speaker, I reserve the balance of affected by treaty) is amended by adding at mined by reference to the latest statement the end the following new subsection: my time. titled ‘‘Budgetary Effects of PAYGO Legisla- Mr. BARTON of Texas. Before I give ‘‘(d) LIMITATION ON TREATY BENEFITS FOR tion’’ for this Act, submitted for printing in CERTAIN DEDUCTIBLE PAYMENTS.— the Congressional Record by the Chairman of my statement, I wish to yield 11 of the ‘‘(1) IN GENERAL.—In the case of any de- the House Budget Committee, provided that 20 minutes to the ranking member of ductible related-party payment, any with- such statement has been submitted prior to the Judiciary Committee, Mr. SMITH of holding tax imposed under chapter 3 (and the vote on passage. Texas, at the appropriate time. any tax imposed under subpart A or B of this The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Without part) with respect to such payment may not objection, the gentleman will control be reduced under any treaty of the United ant to the rule, the gentleman from New Jersey (Mr. PALLONE) and the gen- that time. States unless any such withholding tax There was no objection. would be reduced under a treaty of the tleman from Texas (Mr. BARTON) each Mr. BARTON of Texas. Mr. Speaker, United States if such payment were made di- will control 20 minutes. I yield myself 3 minutes. rectly to the foreign parent corporation. The Chair recognizes the gentleman ‘‘(2) DEDUCTIBLE RELATED-PARTY PAY- Mr. Speaker, Republicans are not op- from New Jersey. posed to compensating the victims and MENT.—For purposes of this subsection, the Mr. PALLONE. Mr. Speaker, I ask term ‘deductible related-party payment’ the first responders of the World Trade unanimous consent that Mr. NADLER of means any payment made, directly or indi- Center attacks. We created a com- the Judiciary Committee and Mr. rectly, by any person to any other person if pensation fund within 11 days after the the payment is allowable as a deduction CROWLEY of the Ways and Means Com- 1 original attack back on September 11, under this chapter and both persons are mittee each control 6 ⁄2 minutes of my 2001. The bill before us today, however, members of the same foreign controlled time. Mr. Speaker, creates a brand new enti- group of entities. The SPEAKER pro tempore. Is there tlement program that could last an ad- ‘‘(3) FOREIGN CONTROLLED GROUP OF ENTI- objection to the request of the gen- TIES.—For purposes of this subsection— ditional 21 years. It creates a special tleman from New Jersey? compensation system for hospitals in ‘‘(A) IN GENERAL.—The term ‘foreign con- There was no objection. trolled group of entities’ means a controlled the New York City area at 140 percent group of entities the common parent of GENERAL LEAVE of Medicare rates, provides special pro- which is a foreign corporation. Mr. PALLONE. I also ask unanimous tections for trial lawyers, and creates a ‘‘(B) CONTROLLED GROUP OF ENTITIES.—The consent that all Members may have 5 host of special programs and special term ‘controlled group of entities’ means a legislative days in which to revise and protections. It also does not require controlled group of corporations as defined extend their remarks and include ex- any kind of a citizenship test, Mr. in section 1563(a)(1), except that— traneous material in the RECORD. ‘‘(i) ‘more than 50 percent’ shall be sub- Speaker, to receive a benefit. It is, in The SPEAKER pro tempore. Is there fact, apparently a $7.4 billion new enti- stituted for ‘at least 80 percent’ each place it objection to the request of the gen- appears therein, and tlement program. ‘‘(ii) the determination shall be made with- tleman from New Jersey? We know there are innocent victims out regard to subsections (a)(4) and (b)(2) of There was no objection. in New York City that still need treat- section 1563. Mr. PALLONE. Mr. Speaker, I yield ment, and we know that there are per- A partnership or any other entity (other myself such time as I may consume. haps some participants who have fallen than a corporation) shall be treated as a I rise in strong support of H.R. 847, through the cracks who have not remember of a controlled group of entities if the James Zadroga 9/11 Health and ceived exactly the treatment that they such entity is controlled (within the mean- Compensation Act of 2010. This impor- need, but this bill, quite frankly, is not ing of section 954(d)(3)) by members of such tant legislation was reported by the the answer. group (including any entity treated as a Energy and Commerce Committee with In the markup in the Energy and member of such group by reason of this sen- bipartisan support on May 25 by a vote Commerce Committee, Republicans of- tence). of 33–12. I would like to take a moment ‘‘(4) FOREIGN PARENT CORPORATION.—For fered a number of amendments that purposes of this subsection, the term ‘foreign to thank the bill’s sponsors, Represent- would have provided treatment, would parent corporation’ means, with respect to atives CAROLYN MALONEY and JERRY have monitored benefits, and would any deductible related-party payment, the NADLER, as well as my colleagues from have authorized funding for the exist- common parent of the foreign controlled New York on the committee, ELIOT ing program at the level requested by group of entities referred to in paragraph ENGEL and ANTHONY WEINER, for their the President of the United States, (3)(A). tireless work on behalf of this legisla- President Obama. That amendment ‘‘(5) REGULATIONS.—The Secretary may tion. was rejected. prescribe such regulations or other guidance Beyond the immediate loss of life on as are necessary or appropriate to carry out H.R. 847 caps the number of people the purposes of this subsection, including September 11, today thousands of peo- that can be enrolled in the program. As regulations or other guidance which provide ple are suffering debilitating illnesses I said earlier, it doesn’t require those for— from its aftermath. H.R. 847 would es- enrolled, however, to verify their citi- ‘‘(A) the treatment of two or more persons tablish the World Trade Center Health zenship. We also offered an amendment as members of a foreign controlled group of Program, a program to screen, mon- to verify citizenship. That amendment entities if such persons would be the com- itor, and treat eligible responders and was not agreed to. mon parent of such group if treated as one survivors who are suffering from World We also offered an amendment to corporation, and Trade Center-related diseases, most means-test benefits based on income ‘‘(B) the treatment of any member of a foreign controlled group of entities as the com- commonly from the massive, toxic dust and assets. I think the amendment was mon parent of such group if such treatment cloud that enveloped lower Manhattan. at $1 million. That amendment was is appropriate taking into account the eco- The bill also funds research to improve also rejected. So under this bill, some- nomic relationships among such entities.’’. our understanding of the health effects body making millions of dollars is at (b) EFFECTIVE DATE.—The amendment of the exposures over time. least technically eligible for this pro- made by this section shall apply to payments Federal spending for the World Trade gram. I don’t think that is fair when made after the date of the enactment of this Center Health Program is capped at we have a budget deficit of $1.5 trillion. Act. $3.2 billion and is fully paid for. The We also offered an amendment in the SEC. 302. TIME FOR PAYMENT OF CORPORATE ES- TIMATED TAXES. version before the House today is more Energy and Commerce Committee to The percentage under paragraph (2) of sec- than $1 billion less expensive than that pay for the program by using money tion 561 of the Hiring Incentives to Restore reported with bipartisan support from that has not been spent out of an exist- Employment Act in effect on the date of the the Energy and Commerce Committee. ing program. That amendment was also

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6395 rejected as not being what the major- And let me say this to our Repub- don’t question your strategy or your ity wanted. lican colleagues, please don’t vote tactics to take petty political advan- As I said earlier, the bill before us down the bill because it is on the sus- tage of this terrible situation. Sure, would reimburse hospitals in New York pension calendar or for any other ex- you’re patriots. Sure, you have great at 140 percent of Medicare. We think cuse you may give. Whatever excuse oratory, but I have one question: that is not fair to the rest of the coun- you may give for voting ‘‘no’’ on this Where is your decency? try to give a special rate above Medi- bill, the bottom line is that a ‘‘no’’ ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE care rates for this particular program. vote is a vote to turn your back on the The SPEAKER pro tempore. Mem- The SPEAKER pro tempore. The first responders. bers will kindly address their remarks time of the gentleman has expired. Please vote ‘‘yes’’ on the bill. to the Chair. Mr. BARTON of Texas. I yield myself b 2020 Mr. BARTON of Texas. Mr. Speaker, an additional 30 seconds. I yield 2 minutes to the distinguished 1 And finally, last but not least, in the Mr. BARTON of Texas. I yield 1 ⁄2 ranking member of the Ways and amended bill that was sent to the minutes to the distinguished ranking Means Committee, the gentleman from Rules Committee yesterday, Mr. member of the Health Subcommittee, Michigan (Mr. CAMP). Speaker, they have changed the spend- the gentleman from Illinois (Mr. Mr. CAMP. Thank you for yielding. ing profile. Under the bill before us this SHIMKUS). Mr. Speaker, the tragic events of 9/11 evening, the program, while it is a (Mr. SHIMKUS asked and was given will never be forgotten nor will we ever guaranteed entitlement, funding would permission to revise and extend his re- forget the heroic actions of the brave be cut by two-thirds in 2019 and elimi- marks.) men and women who, without regard to nated altogether in 2020. That is simply Mr. SHIMKUS. Mr. Speaker, our their own well-being, rushed in to aid, a budget gimmick and is patently un- committee can do great work when we rescue, and recover their fellow Ameri- fair to the people, if it were to pass and work together. This is not one of our cans. Theirs were acts of compassion become law, that would be depending finest times—a new mandatory entitle- and patriotism that would be repeated on the program. ment program at $7.2 billion. There is in the days and months that followed. For those reasons, Mr. Speaker, we $130 million in the fund right now. The Today, many of those who were at would ask for a ‘‘no’’ vote on the bill. President asked for $150 million. This and around the World Trade Center, Mr. Speaker, I reserve the balance of is, on average, $700 million a year. It is the Pentagon, and Shanksville, Penn- my time. mandatory. We don’t do this for our sylvania, in the aftermath of the ter- Mr. PALLONE. Mr. Speaker, I yield 1 veterans, and we don’t do this for our rorist attacks are still struggling phys- minute to the gentleman from New military. This is a mandatory program. ically and mentally. York (Mr. ENGEL), one of the cham- What this is is politics. What this is While I have great sympathy for the pions of this legislation. is enfranchising a whole bunch of New intent of this legislation in providing Mr. ENGEL. I thank my friend from York City hospitals which will get paid assistance to those Americans, the leg- New Jersey for yielding to me. 140 percent of Medicare rates when we islation has been paired with a fun- Mr. Speaker, on September 11, 2001, I are cutting hospital rates in the new damentally flawed and job-destroying was never more proud to be a New health care law under part A. We can tax increase. Therefore, I will vote Yorker. Many of my constituents do this, and we can do this in a better against it. To pay for this new health rushed in to help, and within days of manner than what we are doing here. care entitlement, the majority has the attack over 40,000 responders from It is on the suspension calendar. opted for a tax increase that has no across the Nation descended upon Your leadership put it on the suspen- chance of becoming law and with good Ground Zero to do anything possible to sion calendar. Do you know why? Be- reason. It taxes American jobs. It is in help with the rescue, recovery, and cause they can’t pass it under regular clear violation of our international ob- cleanup. order. It is your leadership that put ligations. Sadly, many of my constituents were you in this position, not House Repub- While the provision in question close- killed in the attacks on the World licans, and I am embarrassed about ly tracks legislation that has passed Trade Center. The people that rushed this tonight. the House on a partisan basis, the Sen- in to help their fellow human beings ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ate has repeatedly rejected it. Even the didn’t put themselves first, they self- The SPEAKER pro tempore. Members will Obama administration has raised ob- lessly helped others. And the question be reminded to direct their remarks to the jections to the way this provision vio- is, should we now penalize these people Chair, and not to others in the second per- lates our carefully negotiated tax trea- who risked their lives? son. ties. There is never a good time to Within minutes of the planes hitting Mr. PALLONE. Mr. Speaker, I yield 1 raise taxes on employers and American the World Trade Center, New York’s minute to the gentleman from New workers, but given the continued weak- first responders mobilized to save those York (Mr. ACKERMAN). ness in the economy, now may be the who were trapped or hurt. They Mr. ACKERMAN. So you are for the worst time. Data from the Department thought the site was safe to work at bill, but you won’t vote for it. Non- of Labor confirms that: and the air was safe to breathe. They sense. Forty-seven States have lost jobs never questioned their own safety when Nine years ago, your country was at- since the Democrats’ stimulus passed; they ran in to help others because they tacked, and you’re here quibbling Over 2 million jobs have been elimi- put others in need ahead of themselves. about politics. You’re here talking nated; and And you know what? The statements about permanent entitlements. Oh, Unemployment remains unaccept- that were given about the air being how easy it is to come down here to ably high—over 13 percent in my home safe to breathe were false. Many be- this floor. I have seen it done time State of Michigan. came sick, and the illnesses from expo- after time, Mr. Speaker—people prov- Mr. Speaker, the tax hike in this leg- sure to the toxins have developed to being how patriotic they are, determined islation is unacceptable. The hardships come severe and debilitating, and for to fight against the terrorists, to de- suffered by our first responders do not some, deadly. These heroes deserve fend America, leave no soldier behind. change that basic fact. I urge my col- more. Well, where I come from, we are leav- leagues to, again, reject these tax New York was attacked because it is ing soldiers behind. We have thousands hikes and to vote ‘‘no’’ on the legisla- a symbol of our country. New York was of people, besides the ones who died, tion. attacked because the terrorists wanted who are on the battlefield in our hos- Mr. PALLONE. Mr. Speaker, may I to make a statement. The responsi- pitals—who are dying every day, who inquire as to how much time remains bility to help these sick first respond- are reaching out and gasping for the on our side? ers is not just a New York problem, it’s last breaths that they have. The SPEAKER pro tempore. The gen- an American problem, and we all have You call that an entitlement. tleman from New Jersey has 31⁄2 min- a responsibility to help those people no I don’t question your patriotism. I utes remaining. The gentleman from matter where we may live. don’t question your nationalism. I Texas has 3 minutes remaining.

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6396 CONGRESSIONAL RECORD — HOUSE July 29, 2010 Mr. PALLONE. Mr. Speaker, I yield just saying it’s the CBO. The CBO has help those who were there to help us. It 11⁄2 minutes to the other champion of scored this at $11 billion. They said it’s seems inconceivable to me that we this bill, a member of our committee, a template for future types of pro- would choose to spend hundreds of bil- the gentleman from New York (Mr. grams. They used the word ‘‘entitle- lions of dollars on wars in foreign lands WEINER). ment.’’ It creates another mandatory and not spend this modest amount Mr. WEINER. I thank the chairman. program. This is not the Republicans right here at home to help the war- Mr. Speaker, I would say to my col- talking. This is the CBO. For you to riors, the first people who were there, leagues who are talking about the pay- come down here and question anybody those who were there for us on 9/11 in for and the tax and the fine print that who questions spending in this country the place where it all began. They were this is a relatively simple matter. This of taxpayers’ money and then to dis- there for us; we need to be there for is a noncontroversial bill. If you be- parage our character is wrong. them. lieve that we owe a debt to the people It is ironic that the President has This is the veterans of the war of 9/11, who have served our country, this is created a fiscal commission to look at those who saved the lives of others. your moment to repay it. debt spending and entitlements. Yet And 9/11 was a great tragedy, but it was You know, you talk as if you’re giv- Congress is pushing ahead with yet an- also a great rescue effort, one of the ing them some kind of a benefit. What other spending program. We can talk greatest in history. benefit has occurred for the people who about this intelligently without your So I urge my colleagues to support went down on September 11, who emotionalizing this issue. But Mr. the heroes, the heroines, the warriors helped pull their friends and neighbors Speaker, we don’t need to create this right here at home, the first in the line out of the rubble and who now bounce entitlement. We should do a 5-year proof fire at Ground Zero where it all their grandkids on their knees with a gram with the standard reauthoriza- began. stew of toxic dust in their lungs? What tion and appropriation process. Mr. BARTON of Texas. Mr. Speaker, benefit has occurred for them? Why do you object to the standard I yield a very long 45 seconds to the You are repaying a debt on this day, appropriation process? It is a proper gentleman from Buffalo, New York a debt to these people who deserve it— (Mr. LEE). method for fiscal discipline. If we are and not just on September 11 when we Mr. LEE of New York. No one will to pay for this entitlement, it should all came together and said that we ever forget 9/11, where we were that were never going to forget that day. We also come by reducing the waste and day. It’s ingrained in our memories. formed a fund like this one and said, fraud in this country. We are on your We saw thousands of men and women You know what? If you died that day, side. Show us how to eliminate waste rush into buildings, not caring about you died a hero. Well, my colleagues, and fraud, and we will pay for it their own safety, caring about others. there are people who are dying at this through that. We’ve also seen other people come in moment. Are they any less the heroes? b 2030 and clean up this debris knowing that Are they less deserving? Mr. PALLONE. Mr. Speaker, I yield they were exposed to chemicals and Now, there was one word I did hear the 2 minutes that I have remaining to toxins. I was a cosponsor of this bill and be- used which was appropriate—that we the gentlewoman from New York (Mrs. are creating an entitlement. That’s lieved in this bill. The problem is, it’s MALONEY), the sponsor of the legisla- where Washington gets it wrong. The right. These people are entitled. They tion who has worked so tirelessly like pay-for for this bill is in job-killing are entitled to our care. They are enti- I’ve never seen on this legislation and taxes. tled to our indebtedness. They are enti- is so proud to be here tonight for its tled to what we are doing in this bill. There were opportunities to solve passage. this problem in a bipartisan way. That The difference with this entitlement Mrs. MALONEY. Thank you very and others is that there are no more was missed. And it’s an unfortunate much, Chairman PALLONE, and for your situation when we have people who are people. In fact, there are fewer and leadership. fewer every single day because they are getting put in the way of politics have This week the House approved bil- got in the way of trying to help people dying. They are dying because they lions in new funding for the war in Iraq were heroes on behalf of this country. who were brave and honest and doing and Afghanistan, but Congress has yet the right thing for New Yorkers. And This is the moment for an up-or- to fully address the impact of the event down vote. If you put your card in and it’s a sad state of affairs. And, unfortu- that caused the war in the first place, nately, I won’t be able to support this press the ‘‘no’’ button, you are against the 9/11 terrorist attack. health care for 9/11 workers. If you bill. Today we will vote on a bill that pro- Mr. NADLER of New York. Mr. push the green button, you are finally vides guaranteed help for the survivors doing 9 years later what has been long Speaker, I yield myself 2 minutes. of 9/11 and the brave first responders Mr. Speaker, I rise today in support overdue. That is the plain and simple who rushed to Ground Zero to save the of the Zadroga 9/11 Compensation Act. truth. lives of others. On September 11, 2001, Osama bin Don’t be the party of ‘‘no’’ today. Mr. BARTON of Texas. Mr. Speaker, I thank Congressmen NADLER and Laden orchestrated the deadliest ter- I would like to inquire as to how much KING, my colleagues in the New York rorist attack in American history, kill- time will be remaining, which I will delegation, Speaker PELOSI, Leader ing almost 3,000 people and wounding HOYER for their dedication to the he- control, after Mr. STEARNS’ 1 minute. thousands more. The attacks created The SPEAKER pro tempore. The gen- roes and heroines and the survivors of an environmental nightmare as hun- tleman from Texas will have approxi- 9/11. dreds of tons of every contaminant mately 2 minutes remaining. On 9/11, roughly 3,000 people lost their known to man and woman came out Mr. BARTON of Texas. Mr. Speaker, lives, but thousands and thousands lost onto the streets and canyons of Man- I yield 1 minute to a member of the En- their health because they rushed in to hattan and Brooklyn. Into this toxic ergy and Commerce Committee, the save others. crowd ran firefighters and police and gentleman from Florida (Mr. STEARNS). To date, the Federal Government has other first responders. First responders (Mr. STEARNS asked and was given identified more than 20,000 individuals came from all 50 States to aid in the permission to revise and extend his re- who have health problems as a direct rescue and clean up in the subsequent marks.) result of the attacks. days. Mr. STEARNS. Let me say to my Caring for those who are suffering is The Environmental Protection Ad- friends on this side of the aisle and to a national responsibility. Every single ministration, the EPA, despite ample the people from New York City and State, 428 of the 435 congressional dis- evidence to the contrary, kept falsely from New York: Can anyone come tricts have someone enrolled in the proclaiming that the air was safe to down to this House floor and question Federal World Trade Center Health breathe. It wasn’t. The terrorists this spending without being attacked Registry because they were near caused environmental catastrophe, but on their character? Ground Zero or worked at Ground Zero. the Federal Government compounded Mr. Speaker, there is no strategy or The 9/11 Health and Compensation the damage by telling people the envi- tactics we’ve developed here. We are Act meets our moral responsibility to ronment was safe when it wasn’t, and

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6397 now thousands of people are sick and in ity of Chairwoman MALONEY as she ments as a result of recovery and need of special care. fights for her constituents in New cleanup efforts at the World Trade Cen- We have a moral obligation to treat York, but I have a real problem with ter site. No doubt there are many with those who became ill, and that’s what the way the bill is paid for. legitimate claims as a result of their this bill is all about. For 8 years, Rep- Looking at Texas Task Force 1 efforts at Ground Zero. resentative MALONEY and I, supported standing at Ground Zero, going But this legislation, as written, cre- on a bipartisan basis by the New York through that rubble and their heroism, ates a huge $8.4 billion slush fund paid delegation and others, have worked to themselves, they went there to save by taxpayers that is open to abuse, bring this bill to the floor. Now it’s fi- survivors, not to raise taxes. And fraud, and waste. That’s because the nally time to pass it. that’s what this bill does. It kills legislation creates an unjustifiable 21- Time and again, as we moved the bill American jobs. It raises taxes on com- year-long fund that leaves decisions on through the legislative process, we panies that invest in America, that whether or not to pay claimants to the have adjusted it, reduced its size and build American plants, that hire Amer- complete discretion of the special mas- scope, limited its cost and made con- ican workers, buy American equip- ter. As Ken Feinberg, special master of cessions to broaden the coalition and ment, pay American taxes. It punishes the original 9/11 Fund, has stated, lower the cost. We worked with our those companies that create U.S. jobs quote, ‘‘No latent claims need such an colleagues on the other side of the aisle $7 billion. extended date.’’ to reopen the Victims Compensation Why would we use 9/11 as an excuse to The legislation also vastly extends Fund in a responsible way in order to harm American jobs? It makes no sense the geographic scope of the fund to protect contractors from liability so at all. cover routes of debris removal. This they would not find they sacrificed We can do better than this. We have will result in the potential for a huge their businesses to serve their country. to do better than this. This tax in- number of additional claimants with We even agreed to cap attorneys’ fees. crease is absolutely inappropriate, and tenuous connections between their I know some Members are concerned I urge its defeat. medical problems and the cleanup ef- about the cost of providing this assist- Mr. NADLER of New York. I yield 1 forts at Ground Zero. Additionally, the ance. Let me emphasize, this bill is fis- minute to the gentlewoman from New bill permits those who have settled cally responsible and balances the York (Mrs. LOWEY). their lawsuits to reopen their claims needs of our 9/11 heroes with fiscal con- Mrs. LOWEY. Mr. Speaker, more and seek additional taxpayer-funded straints. It is completely paid for. We than 70,000 Americans from every State compensation through the 9/11 Fund. have achieved this by closing a tax descended upon Ground Zero to recover This is contrary to both the terms of loophole which allows foreign compa- and rebuild after 9/11. They ran into the original 9/11 Fund and to general nies to evade U.S. taxes. Second, we have capped the funding burning buildings, they rescued legal principles regarding the finality level, capped the number of people who trapped workers, they sorted through of settlements. The original 9/11 Fund was unprece- can participate, and capped the number destruction. dented in its expression of a Nation’s of years the program can continue. And just as we provide medical care compassion and generosity following Just within the past month we have for our troops, we must care for the brought the cost of the bill down an ad- 13,000 who are now sick as a result of the deaths of innocent people. It was ditional $3 billion. their heroic actions in a toxic environ- designed to settle the claims of those Now, let me appeal to my colleagues ment. They disregarded their personal covered once and for all. It may be that on the other side of the aisle. I under- safety for our country. Surely this the fund should be reopened to first re- stand that some of you may have a Congress will not disregard their dire sponders whose injuries were not evi- problem with the offset, even though it health needs to protect foreign tax dent until after the expiration of the is not aimed at U.S. companies and is shelters. initial deadline. However, if we are simply designed to improve with- Nearly all of us represent a responder going to reopen the fund, we should do holding of taxes that are legally due. I and almost 9 years later have a respon- so in a manner that is much narrower, understand that. sibility to do what is right. Vote for with far less discretion for the special But I have to ask you this: just con- this bill. master than is provided for in H.R. 847. sider for a moment what we are talking Mr. BARTON of Texas. Mr. Speaker, It’s hard to explain spending billions about. Balance that tax break against I yield myself the balance of my time. of additional taxpayer dollars when the needs of our 9/11 heroes, needs that The SPEAKER pro tempore. The gen- Special Master Ken Feinberg himself are so great, so raw and so obvious, and tleman is recognized for 30 seconds. has emphatically stated that the $1.5 let our moral obligation to the heroes Mr. BARTON of Texas. Mr. Speaker, billion in taxpayer money, charitable of 9/11, our obligation, as Lincoln said, Republicans support helping the first contributions, and insurance coverage ‘‘to care for him who shall have borne responders and the victims of the currently available for distribution is, the battle’’ prevail. Let us do the hon- World Trade Center attack. We support quote, ‘‘more than sufficient to pay all orable thing and vote for this bill. it at the President’s request. We sup- eligible claims, as well as lawyers’ fees To me, the choice is simple. I will be port it as an authorized program. We and costs.’’ voting for the firefighters, for the po- support it at paying existing Medicare Mr. Speaker, why do Democrats con- lice, for the first responders, for the rates. And, finally, we support it with- tinue to overreach and consider the survivors of the attacks. I urge every out raising taxes on the rest of the taxpayer to be their personal slush Member of the House to do the same. American people. This bill doesn’t do fund? I urge my colleagues to vote And I want to thank Congresswoman that, so we would urge a ‘‘no’’ vote on against this bill. MALONEY, the New York delegation, this bill, and then perhaps we can work I reserve the balance of my time. the Speaker, the majority leader, the together on a bipartisan basis to do Mr. NADLER of New York. Mr. chairmen of the various committees, something that everybody in this Speaker, I now have the distinct privi- FRANK PALLONE, and all the organiza- Chamber can support. lege of yielding 1 minute to the distin- tions like the International Associa- Please vote ‘‘no’’ on this bill, and guished Speaker of the House. tion of Fire Fighters, the National As- then let’s work together to do it the Ms. PELOSI. Mr. Speaker, I thank sociation of Police Organizations for right way. the gentleman for yielding. And I supporting this vital bill. thank him for giving us the oppor- b 2040 Do the right thing. Do the moral tunity to vote this evening on the thing. Do the only moral thing. Vote Mr. NADLER of New York. I reserve James Zadroga 9/11 Health and Com- for this bill. the balance of my time. pensation Act. I thank you and Con- Mr. BARTON of Texas. I yield 45 sec- Mr. SMITH of Texas. Mr. Speaker, I gresswoman MALONEY for your leader- onds to the gentleman from The Wood- yield myself 31⁄2 minutes. ship on this issue, as well as the entire lands, Texas (Mr. BRADY). Mr. Speaker, this bill presents a sen- New York delegation. Mr. BRADY of Texas. Mr. Speaker, I sitive issue with regard to compensa- Mr. Speaker, any time we enter a dis- appreciate and admire the fierce tenac- tion for those who are suffering ail- cussion of 9/11 we are entering sacred

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6398 CONGRESSIONAL RECORD — HOUSE July 29, 2010 ground. It is a place where there should who jeopardized their health to rescue ality is you could pass this bill if you be no disagreement as to our obligation others secure necessary medical treat- wanted to. You are in control. You to those who helped dig out and try to ment, especially for the unique expo- have the power. You have the responsi- help clean up and recover at the scene sures suffered at Ground Zero, and en- bility. This bill should be more impor- of 9/11 at Ground Zero. suring survivors and victims’ families tant than a campaign talking point. When 9/11 occurred, I don’t think can obtain compensation for their trag- You could have passed it at any time there would have been any question in ic losses through a reopened 9/11 Vic- during the past 31⁄2 years, but you want anyone’s mind that responding to it in tim Compensation Fund. political cover. Thank God for our this particular way was an emergency. My colleagues, you all remember country that the first responders of 9/11 It was an emergency. If there were ever that following 9/11 there was a com- didn’t look for cover before they did an emergency in our country, respond- pensation fund established for the fam- what they had to do and lived up to ing to 9/11 was one. And so the objec- ilies of those who lost their lives. Well, their oath. tion that our colleagues make about many of these people are losing their As Mayor Bloomberg, the mayor of paying for this, maybe we shouldn’t lives. They certainly have lost their New York City, said just today about pay for it. But we are. It’s an emer- health. And we owe them. This is not a the procedure we are following tonight, gency. It should be under emergency time for any partisanship. This legisla- ‘‘It’s an outrage. A majority of people spending and investment. tion is the least we can do to offer our would vote for this bill but they know But in order to say if we don’t want gratitude and support to those heroes, full well they will not get 66 percent. to add to the deficit we will pay for it, those individuals who never asked for They know that. So this is a way to there is a pay-for in the legislation any recognition or accolades, who sim- avoid having to make a tough decision. that is about eliminating opportunities ply want the opportunity to live out Our people who worked down at 9/11, for tax evaders to avoid taxation, using their lives with health and happiness. whose health has fallen apart, did what the benefit of that to help make the Americans will have a hard time un- America wanted them to do. This is an people who came to the rescue and help derstanding how any leader in Congress American problem and Congress should rebuild and recover whole. could oppose this critical assistance. stand up. And I know it’s a tough vote On September 11, 2001, again we enter Let’s find a way to help these people, for some people. I don’t have a lot of this sacred ground, America stood in not let’s look for ways not to. We must sympathy. They should bring this up shock at the tragedy that unfolded at uphold our pledge to help every one of and vote up or down on any amend- Ground Zero. In the days that followed, them. We must not desert them. We ments and vote up or down on the bill. we stood inspired by the thousands of must join together as Democrats and And go on the record. And that inci- firefighters, rescue workers, first re- Republicans to provide this critical as- dentally is what the leadership should sponders, medical personnel, and con- sistance. force.’’ That was Mayor Bloomberg this struction workers who traveled to the I urge all of my colleagues to vote afternoon. scene of the attack to help New York- ‘‘aye’’ on the James Zadroga 9/11 They say they want Republican sup- ers clean up and recover. Many spent Health and Compensation Act. I thank port, yet they never consulted even one days, weeks, or months doing the hard our colleagues again in a bipartisan Republican before they made the cor- work our government asked them to do way in the New York delegation for porate tax increase as the pay-for. in the recovery effort. giving us the opportunity to call atten- They say they want Republican sup- Bound together by tragedy, their tion once again to the bravery and port before they pass this bill, but they acts made them heroes. Their commit- courage of so many at that time. Words never applied that standard when they ment reflected our unity as a people are totally inadequate. But by our rammed through the stimulus, health and a Nation. Their courage gave us deeds we can try to begin to express care, cap-and-trade, or financial regu- hope that we would emerge from these our gratitude. We owe them that. latory reform. No, you only apply it to dark days stronger and more resilient cops and firefighters and construction b 2050 than ever. The whole country watched, workers. the whole world watched, frustrated in Mr. SMITH of Texas. Mr. Speaker, I What a sad and pathetic double our own inability to be at the scene yield 3 minutes to the gentleman from standard. These heroes deserve better and to be helpful, grateful to those who New York (Mr. KING), who is also the than they are receiving here tonight. were so brave, so courageous to make ranking member of the Homeland Se- No matter what happens on this vote, that sacrifice, in a place that was un- curity Committee. I will continue to do all I can to pass certain in terms of its health aspects. Mr. KING of New York. I thank my this bill as soon as possible in the fu- Today we must act to offer those who from friend from Texas for yielding. ture. were so courageous the assistance they Mr. Speaker, I rise as an original co- Let me say, I look forward to con- earned through their bravery and their sponsor and in support of H.R. 847. I tinue working with CAROLYN MALONEY, sacrifice. Again I thank Congress- have seen too many police officers, who has always been honest, open, and woman CAROLYN MALONEY, Congress- firefighters, and construction workers direct. man JERRY NADLER, and the entire who responded to 9/11 who have pulver- Mr. Speaker, this is a sad moment for New York delegation for their work to ized glass in their lungs and toxins in this body. bring this legislation to the floor. The their bloodstream and are dying one by Mr. NADLER of New York. Mr. American people are looking to us to one. Speaker, I yield 1 minute to the distin- do the right thing for the men and But what we are doing tonight is a guished gentleman from New York (Mr. women who answered the call of duty cruel hoax and a charade. Everyone WEINER). and continue to suffer from ill health knows that this bill will not get the Mr. WEINER. It takes great courage effects on their service. two-thirds majority required on the to wait until all Members have already It is my understanding that the peo- suspension calendar. Everyone also spoken and then stand up and wrap ple affected by this live in 433 of the 435 knows that this bill would pass with a your arms around procedure. We see it congressional districts. Because people clear majority if the Democrat leader- in the United States Senate every sin- not only rushed in from New York and ship would allow it to come to the floor gle day when Members say, We want surrounding areas, they came and under the regular procedures of the amendments. We want debate. We want brought their expertise and their help House. amendments, but we’re still a ‘‘no.’’ from all over the country. And there- The reason H.R. 847 is not being And then we stand up and say, Oh, if fore, the consequences of their bravery brought up under regular order is be- only we had a different process, we’d are felt all over the country. And the cause the majority party is petrified of vote ‘‘yes.’’ impact on their health is an important having its members face a potential You vote ‘‘yes’’ if you believe yes. part of the challenge that they face vote on illegal immigration. You can You vote in favor of something if you and that we owe them for. blame it on the Republicans—and I’ve believe it’s the right thing. If you be- This legislation fulfills our obliga- been strongly critical on the Repub- lieve it’s the wrong thing, you vote tion to those Americans, helping those lican position on this issue—but the re- ‘‘no.’’

VerDate Mar 15 2010 05:48 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H29JY0.REC H29JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 29, 2010 CONGRESSIONAL RECORD — HOUSE H6399 Mr. KING. Will the gentleman yield? World Trade Center in 1993 were de- because many of the people wouldn’t be Mr. WEINER. I will not yield. nied.’’ sick today if the Federal Government, The gentleman gets up and yells like Feinberg said, ‘‘Bad things happen to in the person of the EPA, had not lied, he does to intimidate people into be- good people every day; Congress does had not told them the air was safe to lieving he’s right. The gentleman is not come to their financial rescue with breathe when we knew perfectly well wrong. The gentleman is providing generous, tax-free checks. In our free that it wasn’t safe to breathe. cover for his colleagues rather than society, based on notions of limited I remember telling people don’t go doing the right thing. government and equal protection of the back to school, don’t go to work there. It’s Republicans wrapping their arms laws, we simply do not expect the gov- Don’t go back to work in the Federal around Republicans rather than doing ernment to step in whenever misfor- office building because the air was not the right thing on behalf of the heroes. tune strikes.’’ safe to breathe. But the EPA was say- It is a shame; a shame. When firefighters all across this ing go to work. People went to work. If you believe this is a bad idea to country enter burning buildings, when They are sick. We owe them this bill. provide health care, then vote ‘‘no.’’ rescue workers clean up toxic spills, We owe them their health. We owe But don’t give me the cowardly view people are injured, people are killed all them treatment if we are going to get that, Oh, if it was a different proce- the time. We do not have compensation support in the future when we have an- dure. funds for them. We have normal proce- other emergency. I will not stand here and listen to my dures, normal processes through which I urge the passage of this bill. colleague say, Oh, if only I had a dif- people receive assistance. Even the I yield back the balance of my time. ferent procedure that allows us to most recent compensation funds for Mr. SMITH of Texas. Mr. Speaker, I stall, stall, stall and then vote ‘‘no.’’ the gulf oil spill and for the victims of understand that we have 4 minutes left Instead of standing up and defending the shooting at Virginia Tech were pri- on this side. I would like to inquire your colleagues and voting ‘‘no’’ on vately funded compensation funds. again how much time remains on the this humane bill, you should urge them This is not the correct way to proceed. other side, including both of the gen- to vote ‘‘yes,’’ something the gen- And this fund, in particular, is bloat- tlemen from New York, Mr. NADLER tleman has not done. ed. It includes funding for more than 20 and Mr. CROWLEY. Mr. SMITH of Texas. Mr. Speaker, years, until 2031. It includes far more The SPEAKER pro tempore. Mr. two questions: One, I would like to money than Ken Feinberg said was nec- NADLER’s time has expired. Mr. CROW- know how much time the last speaker essary. LEY has 61⁄2 minutes remaining. used; and I would like to know how I urge my colleagues to not support Mr. SMITH of Texas. Mr. Speaker, I much time remains on each side. this approach to solving this problem. will reserve the balance of my time. The SPEAKER pro tempore. The gen- b 2100 Mr. CROWLEY. Mr. Speaker, who has tleman from New York consumed 1 Mr. NADLER of New York. Mr. the right to close? minute. Speaker, I yield myself the balance of The SPEAKER pro tempore. The gen- The gentleman from Texas has 6 min- my time. tleman from New York. utes. The gentleman from New York The SPEAKER pro tempore. The gen- Mr. CROWLEY. Thank you, Mr. (Mr. NADLER) has 11⁄2 minutes. The gen- Speaker. tleman is recognized for 11⁄2 minutes. tleman from New York (Mr. CROWLEY) Mr. NADLER of New York. Mr. With that, I will yield 1 minute to has 61⁄2 minutes. Speaker, over 13,000 responders are sick the gentleman from New York rep- Mr. SMITH of Texas. Mr. Speaker, I and receiving treatment today. Nearly resenting Staten Island, Mr. MCMAHON, yield 2 minutes to the gentleman from 53,000 are enrolled in medical moni- one of the hardest hit areas in terms of Virginia (Mr. GOODLATTE), who happens toring; 71,000 are enrolled in the World victims of 9/11 as well as where much of to be the vice ranking member of the Trade Center Health Registry. the debris was brought to the landfill Judiciary Committee. And I hope the We have created Centers of Excel- in Staten Island. Speaker will use the same timepiece in lence across the country as part of this Mr. MCMAHON. Thank you, Mr. judging Mr. GOODLATTE’s time as he did program so that people who were at the Chairman. in judging the gentleman from New World Trade Center and have gotten Mr. Speaker, I rise this evening to York’s time. sick can go to someplace with the ex- tell the human side of this story, to Mr. GOODLATTE. Mr. Speaker, ev- pertise and a diagnosis without coming tell the story of Lieutenant Martin eryone here is concerned about helping to New York or New Jersey. All of this Fullam from my district. Five weeks or people who are suffering, including is dependent on its continuation on so ago I got on a train in New Jersey to New York firefighters and policemen passing this bill. come down to work and Martin was and emergency rescue workers and oth- Yes, we can do it through continued there with his wife. They were coming ers affected by this, but I want to point appropriations. We have had too many down because there was going to be a out what Ken Feinberg, the special times where the hospitals had to send meeting and a hearing over on the Sen- master of the September 11th Victim out notices to the people being treated ate side, and they wanted to be there. Compensation Fund said in an op-ed that your treatment comes to an end You see, Martin was a 30-year vet- piece in The Washington Post entitled, June 30 because the appropriation eran of the New York City Fire Depart- ‘‘9/11 fund. Once was enough.’’ hasn’t come through. We cannot leave ment, and right after 9/11 he went and He said, ‘‘Despite its success, the this to the vicissitudes of annual ap- he work on the pile; and like so many fund has not set a precedent. Congress propriations. others, he became sick, one of the first has not authorized similar compensa- On the Victim Compensation Fund, to be diagnosed with World Trade Cen- tion for the thousands of victims of this House, indeed this Congress, ter disease. He had to have a lung re- Hurricane Katrina, for those injured by passed it almost unanimously a week placed or otherwise he would have died. other natural disasters, or for the fami- or two after 9/11. Unfortunately, people And when I asked him what does he lies of those killed in such tragedies. who should have been compensated by think about, as he kind of fought for Nor has Congress exhibited such gen- that fund could not be because their his breath sitting in that train station, erosity toward U.S. soldiers wounded sicknesses did not become evident till he said the only thing I think about is or the families of those killed in Iraq the fund closed. That’s why Ken making sure that my medical bills are and Afghanistan. Feinberg, testifying before the Judici- paid so my family doesn’t have to ‘‘The same is true of victims of ter- ary Committee, urged us to reopen the worry about it. That’s all we are ask- rorist attacks that took place before fund, which is one half of this bill. ing. September 11, 2001. The Navy personnel This bill is necessary so that people So I say to you that if this is an enti- who died in the suicide attack on the in the future will know that you go and tlement, you should have your mouth USS Cole and the victims of the Okla- help people in a time of emergency. washed out with soap because you lie, homa City bombing received no such This is not a New York bill. Mr. Speaker. And if I say to you that public compensation. Even the victims This was an attack on the United you think this is some sort of tax gim- of the first terrorist attack on the States and is a special moral urgency mick and you want to protect offshore

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I yield the gentleman have attached to it a job-killing provi- workers. 30 additional seconds. sion which is going to hurt jobs in my I can still recall the pain and the an- Mr. MCMAHON. And if you say that district and throughout California. guish that surrounded that site. I can you support this bill but because of I did not know we were going to have still see the determination in the eyes process, because of procedure, you will the open-ended type of program that of the workers. I can still understand not vote with us tonight, then I say to was in title I. the sense of character, the efforts you, speak to your confessor, because I fully thought that we would come made, the strength, the courage, the your judgment day is coming. These to the floor with a bill that was bipar- bravery, the resilience of those work- people fought for us. They fought for tisan in nature and that was, in fact, ers. America. It’s time for you to stand up what I envisioned when I voted for it If, in fact, we believe 9/11 is an attack on that side and fight for them and and spoke for it on the Judiciary Com- on America, then we as an American their families and give them peace of mittee. mind. I am saddened, frankly, by having public need to respond to the workers This is not an entitlement. It is paid this bill presented the way it is today. who showed the strength and the brav- for, and it is limited. And yet you hide I am not going to be here and complain ery to aid us in that very, very dark behind this substitute. about procedure. What I am going to do moment. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE is complain about the result that’s be- So I stand in support of H.R. 847 and The SPEAKER pro tempore. Mem- fore us. ask that everyone in this House show bers must address their remarks to the We can and we have done better in support to the workers. They deserve Chair and not to the colleagues in the the past when we have been confronted our respect, our resources, and let’s second person. with very difficult issues on a bipar- support this measure. Mr. MCMAHON. Mr. Chairman, as I tisan basis, when the Republicans were Mr. SMITH of Texas. Mr. Speaker, I said, that’s what you should do on that in charge, when the Democrats were in have no further requests for time, and chair. You should understand what this charge in the past, and we have been I reserve the balance of my time. is about, human lives. Stand up and be able to come up with legislation that Mr. CROWLEY. Mr. Speaker, how counted. got the support of this House. much time do we have left? I urge my colleagues to vote tonight The unfortunate thing here is that The SPEAKER pro tempore. The gen- for the heroes of 9/11, all-Americans. this bill will not pass today; and yet we tleman from New York has 4 minutes Mr. SMITH of Texas. Mr. Speaker, I could have a bill that does, in fact, remaining. yield 11⁄2 minutes to the gentleman carry out all of the sentiments ex- Mr. CROWLEY. I yield 1 minute to from California (Mr. DANIEL E. LUN- pressed on this floor today, but we are the gentlewoman from Pennsylvania GREN) who is the ranking member of not going to have that chance, and I (Mrs. DAHLKEMPER). the House Administration Committee am saddened by that, not angered by and a senior member of the Judiciary that. Mrs. DAHLKEMPER. Mr. Speaker, I Committee. Mr. CROWLEY. Mr. Speaker, I yield 1 rise in support of the 9/11 Health and Mr. DANIEL E. LUNGREN of Cali- minute to the gentleman from New Compensation Act tonight. I am from fornia. I thank the gentleman. York (Mr. TONKO). Pennsylvania, northwest Pennsylvania, Mr. Speaker, I am one of those who Mr. TONKO. I thank the gentleman. almost 450 miles away from New York supported the section of the bill that I stand here this evening in strong City. we had in the Judiciary Committee and support of H.R. 847. I want to commend During my first months in office, in attempted to convince others on my my colleagues, Representatives 2009, I met with a constituent named side to support it, because I believe we MALONEY, NADLER, CROWLEY and the Laura DiPasqua, the director of emer- ought to expand it to include those entire delegation from New York in a gency services for the American Red people who assisted and those people bipartisan way for working on this bill. Cross in Erie.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

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Vol. 156 WASHINGTON, THURSDAY, JULY 29, 2010 No. 113 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Senators permitted to speak for up to called to order by the Honorable PRESIDENT PRO TEMPORE, 10 minutes each. The final 10-minute KIRSTEN E. GILLIBRAND, a Senator from Washington, DC, July 29, 2010. block is reserved for the two leaders, the State of New York. To the Senate: with the majority leader controlling Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby the final 5 minutes. Senators should PRAYER appoint the Honorable KIRSTEN E. expect a cloture vote around 10:40 this The Chaplain, Dr. Barry C. Black, of- GILLIBRAND, a Senator from the State of New morning. fered the following prayer: York, to perform the duties of the Chair. f DANIEL K. INOUYE, Let us pray. BIPARTISANSHIP Holy, holy, holy, Lord God of hosts, President pro tempore. speak to our lawmakers and fill them Mrs. GILLIBRAND thereupon as- Mr. REID. Madam President, both with bright memories, holy commit- sumed the chair as Acting President parties claim they are friends of small ments, and deep resolve. May their pro tempore. business. This bill gives Members of bright memories remind them of the f both parties the opportunity to prove way You have guided and protected it. This is not just talk. Listen to what RECOGNITION OF THE MAJORITY this bill has in it. this Nation throughout the seasons of LEADER its history. May their holy commit- This bill is called the Small Business ments prompt them to be true to their The ACTING PRESIDENT pro tem- Jobs Act of 2010. There is a small busi- duties to stand for right though the pore. The majority leader is recog- ness access to credit provision. SBA es- heavens fall. May their deep resolve nized. timates the loan limit adjustments motivate them to not become weary in f will increase lending to small business doing Your will. Lord, remind them by $5 billion within the first year of its MEASURE PLACED ON THE enactment. This is a bipartisan provi- that without Your power, human ef- CALENDER—S. 3663 forts are useless. sion: Landrieu-Snowe. Today, bless the women and men of Mr. REID. Madam President, it is my Small business trade and export pro- our armed services. Place Your shield understanding that S. 3663 is due for a motion: It is believed this will save and of protection around them and their second reading. create as many as 50,000 jobs this year. loved ones. The ACTING PRESIDENT pro tem- Small business contracting: Increas- We pray in Your mighty Name. pore. The clerk will report the bill by ing contracts to small business by 1 Amen. title for a second time. percent could create more than 100,000 The bill clerk read as follows: jobs. This is bipartisan: Snowe- f A bill (S. 3663) to promote clean energy Merkley, Landrieu-Snowe, Landrieu- jobs and oil company accountability, and for Crapo-Risch. PLEDGE OF ALLEGIANCE other purposes. Small business management and The Honorable KIRSTEN E. Mr. REID. Madam President, I object counseling will create or save more GILLIBRAND led the Pledge of Alle- to any further proceedings at this than 10,000 jobs in 2011. It is bipartisan: giance as follows: time. Snowe-Landrieu. I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- Small business disaster loan im- United States of America, and to the Repub- pore. Objection having been heard, the provements: This is also supported by lic for which it stands, one nation under God, bill will be placed on the calendar Landrieu and Nelson of Nebraska. This indivisible, with liberty and justice for all. under rule XIV. is not bipartisan, but everyone knows f these two Senators work on a bipar- f tisan basis on virtually everything SCHEDULE they do. APPOINTMENT OF ACTING Mr. REID. Madam President, fol- Small business regulatory relief: This PRESIDENT PRO TEMPORE lowing leader remarks, the Senate will is bipartisan: Snowe-Pryor. The PRESIDING OFFICER. The resume consideration of the small busi- Exclusion of capital gains tax: This clerk will please read a communication ness jobs bill. There will be an hour of allows investors in small businesses to to the Senate from the President pro debate prior to a rollcall vote on a mo- take a 100-percent exclusion from cap- tempore (Mr. INOUYE). tion to invoke cloture. The hour will be ital gains tax on small business invest- The bill clerk read the following let- equally divided and controlled between ments made this year. It is bipartisan: ter: the two leaders or their designees, with Kerry-Snowe-Menendez.

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

S6459

VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.000 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6460 CONGRESSIONAL RECORD — SENATE July 29, 2010 Increased deductions for startups: taurant Association; Community skills, as he should be, and as her mom Temporary increase in maximum de- Bankers for a number of States; Na- is. duction for business startup in 2010–11. tional Small Business Association; So anyway, thank you very much. I This would increase the limits to Small Business Majority, and 76 other see my friend, the chairman of the $10,000. It is bipartisan: Merkley-Alex- organizations. This is about as fair as Small Business Committee, is here. I ander. it can be. would ask that the Record be pretty Extension of section 179: Extends My friends on the other side of the clear that there be an hour from now small business expensing. This is sup- aisle have indicated they want to offer until the cloture vote. So I ask unani- ported by Senator SNOWE; it is her pro- some amendments. We say go ahead mous consent that be the case. vision. It extends section 179 expensing and do that. They can’t take yes for an The ACTING PRESIDENT pro tem- provisions. answer. I hope those Republicans who pore. Without objection, it is so or- Tax equity for self-employed: Allows voted with the Landrieu-LeMieux dered. self-employed taxpayers to deduct amendment on Thursday would do so f health care costs for payroll tax pur- again on cloture. This is a bill that will poses on their 2010 tax returns. Bipar- help businesses all over America. RESERVATION OF LEADER TIME tisan: Bingaman-Hatch-Landrieu. This bill is literally on the verge of The ACTING PRESIDENT pro tem- Extension of ARRA: That is the stim- final passage. My friends on the other pore. Under the previous order, the ulus bill bonus depreciation. Bipar- side of the aisle have said the only leadership time is reserved. thing standing between us and their tisan: Baucus-Grassley-Brownback- f Inhofe-Johanns-Menendez. support for final passage is giving them Small business penalty relief: Makes the opportunity to vote on their SMALL BUSINESS LENDING FUND a penalty for failing to disclose listed amendments. Here are the amendments ACT OF 2010 transactions proportionate to the tax they said they wanted: Grassley The ACTING PRESIDENT pro tem- savings. This is bipartisan: Baucus- amendment on biodiesel; Hatch amend- pore. Under the previous order, the Grassley-Crapo. ment on research and development; Senate will resume consideration of Remove cell phones from listed prop- Johanns amendment on corporate re- H.R. 5297, which the clerk will report. erty: Delists cell phones and other tele- porting requirements. We said: Fine, go The bill clerk read as follows: communications devices from the cat- ahead and offer those. We will have our A bill (H.R. 5297) to create the Small Busi- egory of ‘‘listed property’’ for tax pur- alternatives to those, as we do here. ness Lending Fund Program to direct the poses. Bipartisan: Kerry-Ensign. That is how it works. I propounded a Secretary of the Treasury to make capital S corporation holding period: Re- consent that gave the Republicans investments in eligible institutions in order duces the asset holding period for con- votes on all three of these amendments to increase the availability of credit for verted S corporation from 10 to 5 years: along with the Democratic alternative. small businesses, to amend the Internal Rev- Snowe. So I wish to close by expressing my enue Code of 1986 to provide tax incentives General business credits not subject appreciation—I think I can say this for small business job creation, and for other purposes. to AMT limits: Allows small business without any reservation—the apprecia- to use all types of general business tax tion of the country, small businesses in Pending: credits to offset the AMT liability: America. We would not be where we are Reid (for Baucus-Landrieu) amendment Grassley. but for the work of Senator LANDRIEU No. 4519, in the nature of a substitute. Reid amendment No. 4520 (to amendment Carryback up to 5 years: Allows sole and Senator LEMIEUX. Others have No. 4519), to change the enactment date. proprietorships, partnerships and non- joined in. I had phone calls late last Reid amendment No. 4521 (to amendment public trading corporations with less night with one of the most deliberate No. 4520), of a perfecting nature. than $50 million in average gross an- Senators. She has impressed me for so Reid amendment No. 4522 (to the language nual receipts for the prior 3 years to long. I got a call from Senator proposed to be stricken by amendment No. carry back unused credits for 5 years: LANDRIEU. At her home was Senator 4519), to change the enactment date. Grassley. CANTWELL, who is a truly good legis- Reid amendment No. 4523 (to amendment Small business lending fund: Bipar- lator, and the two of them worked late No. 4522), of a perfecting nature. tisan: LeMieux-Landrieu. This is the into the night trying to come up with Reid motion to commit the bill to the one that has created all the interest all Committee on Finance with instructions, support for this legislation. But it Reid amendment No. 4524 (the instructions over the country, a program level of $30 wasn’t only last night. Senator on the motion to commit), to provide for a billion, which by conservative esti- LANDRIEU, as chairman of the Small study. mates would lead to $300 billion in Business Committee, has been tireless. Reid amendment No. 4525 (to the instruc- small business lending. It is not related I had a conversation with her today. I tions (amendment No. 4524) of the motion to to TARP. There are no TARP-like re- have been so proud of her work on the commit), of a perfecting nature. strictions. floor—great speeches that she has got- Reid amendment No. 4526 (to amendment Utilizing predictive modeling to fight ten people to give in support of this No. 4525), of a perfecting nature. health care fraud: That is bipartisan: legislation. The ACTING PRESIDENT pro tem- LeMieux-Landrieu. I can remember when she was a pore. Under the previous order, there Export promotion: Klobuchar- brandnew Senator and she was working will be 1 hour for debate prior to the LeMieux, LeMieux-Landrieu. Very well on a military issue, and the headline in cloture vote on amendment No. 4519, accepted in the business community. a Louisiana newspaper had ‘‘Military with the time equally divided and con- We have agriculture disaster relief. Mary’’ because she was fighting so hard trolled between the two leaders or Bipartisan: Lincoln-Chambliss. for the troops. She hasn’t stopped their designees, with Senators per- State small business credit initia- fighting for the beleaguered State of mitted to speak for up to 10 minutes tive, bipartisan—developed with the Louisiana, which has had so many each, with the final 10 minutes re- support of 28 Republican Governors. problems. But for her aggressive work served for the two leaders or their des- That is the bill. How could we have on behalf of her State, that State ignees, with the majority controlling anything more bipartisan? That is why would not be where it is today. It was the final 5 minutes. 80 different organizations support this doing so well when the oilspill came. The Senator from Louisiana. legislation, including many Governors. But who has been out in front on the Ms. LANDRIEU. Madam President, I The majority of the Governors support oilspill? MARY LANDRIEU. wish to begin by thanking Leader REID this legislation. Those who don’t are So I am proud of her being in the for his very kind comments regarding maybe not familiar with it. But there Senate. She has great lineage. I have the work that is going into this bill. It are so many organizations that support such fond feelings for her father who has been my pleasure and honor to help this legislation. was a legend in his own time, but that lead a team, actually, which the Pre- Naming just a few, there are some 80 legend has been caught by his daugh- siding Officer has been a part of, as of them: Marine Retailers Association, ter, MARY LANDRIEU. So Moon is very well as Ms. CANTWELL, the Senator people who sell boats; National Res- happy, I am sure, with her legislative from Washington; Senator MURRAY;

VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.001 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6461 Senator LEMIEUX from Florida; and some of them do, I want them to know I see the chairman from the Finance many others. Senator CARDIN, who I we have widely distributed this red line Committee, who I think is scheduled to know is on the floor, is an outstanding document to every news outlet in the speak. I also see the Senator from member of the Small Business Com- country. We have distributed it to Maryland. I will soon yield to the Sen- mittee and a long-time advocate of many, many organizations. There are ator from Maryland, a member of the small business, serving many years in over 70 organizations supporting this. Small Business Committee, to say a the House of Representatives, and now This is what we call our red line docu- word, and then we have the time under brings his expertise to the floor of the ment. So there is no confusion, the our control. I am sorry, the Senator Senate. I like having bulldogs on my most wonderful thing about this docu- from Washington is here. I didn’t see committee and he is one of them and I ment is that it is just four pages. It is the Senator. I was blocked. I apologize. greatly appreciate his support. very easy to read. There are not 40 I see the Senator from Washington and Let me be very clear that in 1 hour, pages. It is not 4,000 pages. There are the Senator from Montana and the we will come to the end of a very long, no special deals. It is all here, and it is Senator from Maryland. important public and open debate on all bipartisan. The ACTING PRESIDENT pro tem- the best way we can help Main Street. I am going to read some of the names pore. The Senator from Utah is recog- This bill is not about Wall Street. We associated with the bill: Kerry-Snowe- nized. have had enough of those. This bill is Menendez; Snowe; Merkley-Alexander; Mr. HATCH. Madam President, I be- not about big corporations; they take Snowe; Bingaman-Hatch-Landrieu; lieve I was next. up 80 percent of the agenda in this Grassley; Baucus-Grassley-Brownback- Ms. LANDRIEU. I thought we had place on any given day. This bill is Inhofe-Johanns-Menendez; Baucus- the first half hour and the Senator’s about the 27 million small businesses Grassley-Crapo; Kerry-Ensign and 72 side had the second, but I understand that need the Members of the Senate to bipartisan cosponsors equally divided now that it is back and forth. stand up for them today. If we can between Democrats and Republicans; The ACTING PRESIDENT pro tem- stand up for small businesses today, Snowe; Grassley; Grassley. pore. The Senator from Utah is recog- they will stand up for us and lift this If somebody comes to the floor and nized. country out of the worst recession says this bill doesn’t have bipartisan Mr. HATCH. Madam President, I rise since the Great Depression. I want to support, they might want to answer to express my frustration and dis- repeat that. It will not be the big why their names are here: Landrieu- appointment with the decision of the banks that do this. It will not be the Snowe; Snowe; Snowe-Landrieu; majority leader yesterday that seems big international firms that do this. As Snowe-Merkley; Landrieu-Snowe; to have effectively precluded Repub- it always has been since the beginning Landrieu-Crapo-Risch; Snowe; licans from offering amendments to of America, since the first small busi- Landrieu-Nelson; Snowe-Pryor; Snowe. the small business lending bill that is ness, the first enterprise, it will be I don’t know how many more items a before us today. small businesses that create jobs. Senator can have in a bill. Senator Let’s understand one thing. Since the For 11⁄2 years, this debate has been SNOWE wrote lots of pieces of this bill. health care bill, we have not marked going on—not 11⁄2 weeks, not last LeMieux-Landrieu; LeMieux; LeMieux- up one bill in the Finance Committee. month, but for 11⁄2 years we have been Landrieu; Klobuchar-LeMieux; That is just not right. These bills have debating, as we should as Senators, LeMieux-Landrieu; Cantwell-Boxer- been brought to the floor through a about the best way to do that. There Murray. That lists just a few. rule XIV parliamentary procedure have been differences of opinion. There So we bring a bipartisan bill to the without the impetus and agreement of have been two primary committees fo- floor, and then we have a 12-hour de- all of us who are on the Finance Com- cused on building this package, includ- bate on one amendment, the first mittee. I am not going to blame any- ing the Finance Committee, which has amendment, which is a Republican body for that other than to say I don’t put forward in a completely bipartisan amendment by Senator LEMIEUX and think that is the proper way to do fashion a $12 billion tax cut package myself—it is LeMieux-Landrieu-Nel- things. Then we get here on the Senate for small business. The leader just son. Both Senators from Florida have floor and the majority leader fills up spoke about some of those provisions been extraordinary in their advocacy the amendment tree so that neither this morning. The chairman of that for this. We had a public, open vote, Republicans nor Democrats have a committee, MAX BAUCUS, has been to and we got 60 votes. So now the small chance to amend this bill. the floor on several occasions to ex- business lending provision is in this Having said that, let me say that the plain the extraordinarily significant bill, which makes it even better, even majority leader has put forward this tax cuts I will mention. I will mention greater, and equally bipartisan. If some small business lending bill in an osten- only one. people aren’t happy with that—I don’t sible effort to help the economy create For a decade, Members on both sides write the rules of the Senate. I showed more jobs. Of course, this is what every of the aisle have been trying to get the up, and that is what the rules were. If Senator on both sides of the aisle self-employed in America to have par- you got 60 votes, you got your amend- wants to see happen. This is what every ity with other businesses when it ment on the bill. American wants to see happen. Yet comes to health care. Madam Presi- There are other Members who are once again we are faced with an ‘‘it is dent, the Chair knows that her State of coming to speak. I want to just say my way or the highway’’ attitude in New York is full of self-employed peo- this has been a very vital debate. This dealing with this legislation. ple. Do they get the same tax break as is the time for us to say yes to Main Let me be clear. The small business General Electric? No. Do they get the Street. There are literally millions of lending bill before us includes many same tax break as General Motors? No. business owners who not only want this positive provisions. I commend those These individuals who are self-em- package to pass, they need it to pass. If who have put them in there. It has a ployed pay more for their health care it passes now, they might be able to number of tax provisions that I fully than big corporations. Is that right? hold on. They might be able to create support and that Republicans and No. We tried to help them in the health the jobs that are necessary. It is now Democrats alike believe would be help- care bill, and we could not. We didn’t our chance to deliver a bipartisan bill ful to small business growth. give up the fight. They are in this that will help 27 million small busi- Yet, I do not believe that any Mem- bill—a $2 billion tax cut for the self- nesses on Main Street. ber in this Chamber truly believes that employed. That is just one of the good In conclusion, we have spent a lot of this bill would do enough to solve our tax provisions. time helping big auto manufacturers job creation problem. This is because it Senator REID read off the list, and I from Detroit. Today, we can help that ignores the main problems that are af- will share it with you because I know repair shop in our neighborhood. This flicting the economy and preventing there are going to be critics coming to is about corner stores. This is about the kind of job creation that we need the floor, and unfortunately some peo- small banks. Are we going to vote for right now. ple will vote against cloture. I hope them or are we going to leave them This is exactly why Republicans most people are smart enough not to. If high and dry? want to improve this bill. Many parts

VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.002 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6462 CONGRESSIONAL RECORD — SENATE July 29, 2010 of the bill are fine as far as they go. business climate will begin to improve, enterprises, are frozen on the sidelines. But, again, they do not go nearly far or at least not get any worse. This They are not going to take the risk as enough. means stable tax rates, a manageable long as these tax increases are hov- One of the amendments the Repub- level of regulation, and customers who ering on the horizon. As long as they lican leader was trying to get permis- are not worried about the future. do not act, they will not create those sion to offer to this bill is a motion I But if we have a situation, as we jobs. would like to make to commit this bill have now, where the investors and en- Let us look at the calendar. We sim- to the Finance Committee with in- trepreneurs cannot see any real sta- ply do not have the time to pass small structions to report it back to the Sen- bility, risk taking freezes up. Everyone Band-Aid bills when the patient—our ate with an amendment to address the decides to stand on the sidelines and underperforming economy—needs a biggest problem facing small busi- wait it out and see how things look in blood transfusion. We need to address nesses at this time. And that problem a few months, or next year. the real problems facing our economy, is the threat of the largest tax increase The result of this inaction is that the not play around at the edges. Our first in history that is due to hit this coun- new expansion to the manufacturing job should be to reduce the uncertainty try like a monster tsunami in just 155 plant is put on hold, the bank loan is that is throwing sand into the cyl- days. not extended, and the new equipment is inders of the job creation engine of In just over 5 months from now, on not ordered. The result, of course, is small businesses, and the first step of January 1, a good share of America’s that the new job is not created, and ev- this is to remove the threat of these most prolific potential job creators— eryone stands and waits. huge tax hikes. small businesses that generally employ Many of my friends on the other side Let us assure investors, entre- between 20 and 500 workers—are going of the aisle and in the administration preneurs, lenders, and other players in to face large tax increases unless Con- seem to be puzzled as to why the econ- the job creation machine that we will gress acts to stop them. The problem is omy has not yet started to create the not raise taxes in 5 months. Let us dis- that President Obama and many of his jobs we so desperately need. After all, pel these clouds of uncertainty and let allies in Congress have already made it the huge stimulus bill that they pushed the private sector do what it does clear that they have no intention of through last year was supposed to best—innovate and create and put stopping these increases. solve these problems. America to work. The President called on the Senate A very big part of the reason for this Having said all that, it is important yesterday to pass this legislation to lack of jobs is this terrible uncer- for me to add to this discussion a few help small businesses so they can cre- tainty, which has a corrosive effect on other points. ate jobs. But, ironically, he and his the economy. We need to add the lubri- Dr. Christina Romer, Chair of the supporters just cannot seem to see that cating oil of lower taxes, fewer regula- President’s Council of Economic Advis- their support for allowing these mas- tions, and certainty to the engine of ers, in last month’s issue of the ‘‘Amer- sive tax increases to hit these fastest economic growth. ican Economic Review’’ said this: growing small businesses will do far Instead, we have been adding the acid . . . tax increases appear to have a very more harm than the good that could of uncertainty to the engine—uncer- large, sustained, and highly negative impact come from this bill as it now stands. tainty about higher taxes, uncertainty on output. . . . [T]he more intuitive way to express The bill before us, while well inten- about a worse regulatory climate, and this result is that tax cuts have very large tioned, misses the boat. uncertainty of what might come next. and persistent positive output effects. The real problem that this bill does It is small wonder that the engine is Senator KENT CONRAD, our great not address is that the threat of these not working as it should. Budget Committee chairman—and he is tax increases, combined with the other What little certainty that might also on the Finance Committee—had business unfriendly changes this Con- have existed in the recent past has this to say: gress has recently passed, have created surely been evaporating because of the As a general rule, you don’t want to be cut- such an atmosphere of uncertainty in President’s broken pledge to not raise ting spending or raising taxes in the midst of this country, that no one wants to take taxes on those making less than a downturn. the jump and risk their capital on new $200,000 per year and the Democratic That was in the Wall Street Journal business ventures or expansions. These leadership’s obvious willingness to on the 23rd of this month. other changes include the recently en- allow these huge tax increases to go He also said: acted financial regulation bill, the into effect for millions of Americans. In a perfect world, I would not be cutting tragically misguided health care bill This attitude is often excused by the spending or raising taxes for the next 18 from earlier this year, and the menace misguided belief that the ‘‘rich’’ are months to 2 years. This downturn is still of a monstrous climate bill that still not paying their fair share of taxes and very much with us, unfortunately. hangs over our heads. need to contribute much more to the He said that on CNN on the 26th of Let us briefly review what it takes to Treasury. this month. create a private sector job in our econ- Many of our colleagues forget that a Senator BEN NELSON from Nebraska omy. First, we need an entrepreneur— high percentage of new and small busi- ‘‘supports extending the expiring tax a risk taker. Second, we need an idea. nesses, where most of the new jobs are cuts at least until the economy is Third, we need some capital. Finally, created in a recession, pay their taxes clearly recovering and supports ad- we need some certainty so that the as individuals. This means that at- dressing them before the fall elec- risk the entrepreneur is facing is man- tempts to make the so-called rich pay tions.’’ ageable. more will backfire and harm the very Senator EVAN BAYH had this to say: We have plenty of entrepreneurs in people our liberal colleagues are trying And so raising taxes right now— our economy. America has always had to help—those who desperately need The ACTING PRESIDENT pro tem- these, and they are a big part of what employment. pore. The Senator has consumed 10 has made this country great. We also This is not so much a question of minutes. have lots of good ideas for new busi- fairness as it is of economic reality. If Mr. HATCH. Madam President, I ask nesses. This is another area in which we raise the top rates on individuals, unanimous consent that I be given 1 our Nation has never lacked. we raise tax rates on small and grow- more minute. We also have lots of capital in our ing businesses and stifle them from ful- The ACTING PRESIDENT pro tem- economy. Studies indicate that banks filling their job-creation potential. pore. Is there objection? are flush with money and corporations According to the Joint Committee on Mr. BAUCUS. I object unless—it is have more cash on their balance sheets Taxation, tax increases on those mak- off his time. Fine. I do not object. that at any time in the past 50 years. ing more than the limits the President The ACTING PRESIDENT pro tem- Investors have money too and are just has pledged to protect will attack one- pore. Without objection, it is so or- waiting for the last ingredient. half of all small business income. Own- dered. And that last ingredient is what is ers of these small businesses, as well as Mr. HATCH. Senator EVAN BAYH missing. A degree of certainty that the those who want to invest and start new said:

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.004 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6463 And so raising taxes right now would be portant bills in the Finance Com- businesses are the driver of our eco- the wrong thing to do because it would mittee. nomic recovery, then our community dampen consumer demand and lessen busi- I yield the floor. banks are the engine. Right now we all ness investment. The ACTING PRESIDENT pro tem- know that engine is in neutral. That is ‘‘ ‘We’re not creating jobs, and rais- pore. The Senator from Montana. because for far too long, our commu- ing taxes now would not be a great Mr. BAUCUS. Madam President, I nity banks have been ignored in our idea,’ Rep. Michael McMahon, a New know other Senators have risen before economic recovery. York Democrat, said this week.’’ me, so I will be very brief. I will take Since this recession began, we have This is a quote from the Wall Street a minute. The Senator from Wash- seen banks fail one after another, lend- Journal on July 21: ington is next. I thank her for her in- ing dry up to our small businesses, and Martin Vaughan and John McKinnon: dulgence in letting me take 1 minute. job growth suffer. While Wall Street in- ‘‘Bush Tax Cuts Split Democrats.’’ This is very clear: The American peo- stitutions, such as AIG and Goldman ‘‘Rep. Bobby Bright, a Democrat fac- ple want us in Congress to do their Sachs, were deemed ‘‘too big to fail,’’ ing a tough reelection race in Alabama, work. They want us to do something the collapse of our community banks said tax increases, even if limited to that is reasonable and makes sense. has apparently been ‘‘too small to no- the wealthiest families, could imperil Most Americans are not way off on the tice.’’ the recovery.’’ left side, and they are not way off on Last year, I introduced the Main This is a quote from The Hill news- the right side. They are basically in Street Lending Restoration Act which paper on July 22: the middle and do a good job. would have directed $30 billion to help Alexander Bolton: ‘‘Democrats may stop Most Americans would want us to jump-start small business lending. Bush-era tax cuts for wealthy from expir- help small businesses in a good way, in That is why I have spoken with Sec- ing.’’ a solid way—maybe not in the exact retary Geithner and President Obama ‘‘ ‘I think the recovery is sufficiently way each American would want but in about this directly and why I have been fragile that we ought to leave tax rates a good, solid way. This bill clearly does pushing so hard to make small business where they are,’ said Rep. Gerry that. It does what the American people lending a priority. Connolly, a freshman Democrat from want. I have felt very strongly that we Virginia. Connolly said Democrats Small businesses generate jobs. They have to focus more on our community should not allow the 2001 Bush tax cuts are the small engine of growth. We banks if we want to make progress and to expire for anybody.’’ need to help small businesses. This bill bring true recovery to our Main Street Again, a quote from The Hill news- does that. It cuts taxes for small busi- businesses. It is why I am so proud to paper on July 22: nesses. It gives lending authority for stand here today and support this bill. Alexander Bolton: ‘‘Democrats may stop small businesses. There are many other I thank Senator LANDRIEU and others Bush-era tax cuts for wealthy from expir- provisions I do not have time to ex- for working with us in creating the ing.’’ plain that help small businesses. Small Business Lending Fund and the The leader of the Federal Reserve, This is not some small Band-Aid bill. State Small Business Credit Initiative. Dr. Ben Bernanke, said: ‘‘In the short This is a bill that makes sense for This Small Business Lending Fund term I would believe that we ought to small businesses. It provides certainty takes the most powerful idea from my maintain a reasonable degree of fiscal to small businesses. It helps them. We Main Street Lending Restoration Act support, stimulus for the economy . . . cannot solve all the world’s problems and sets aside $30 billion to help our There are many ways to do that. This in one bill, but we can certainly help local community banks—those that are is one way.’’ small businesses in this bill. under $10 billion in assets—to help I do not blame the distinguished I can say—and I am pleading, frank- them get the capital they need to begin chairman of the committee because we ly, with a few Republican Senators who lending to our small businesses again. have not marked up these bills. I blame have not quite decided how they are It is going to reward the banks that are the leadership here for not realizing going to vote on this cloture vote—this helping our small businesses grow by that is why we have a Finance Com- is a good bill, a solid bill, a start in the reducing the interest rates on capital mittee, to mark up these bills and let right direction. Let’s pass it. Let’s not that they get under this program, and both sides have a chance to make them get hung up on who said what to whom, it will help our small support business better if they can. caught up on debating points, and initiatives run by our States across the We all have an interest in spurring come across like kids in a sandbox. country that are struggling because of small businesses and getting the econ- Let’s pass this bill. It is a good bill. It local budget cutbacks. And, as Senator omy going. Bringing these important is good for America. LANDRIEU has told us, it will save tax- bills right to the floor and bypassing We can deal with other issues, such payers an estimated $1 billion. the Finance Committee, and then as the expiring tax cuts, another time It is a bill that should have broad doing what has been done on every bill in the future. But right now this is support and, in fact, it does from small since the health care bill and even be- small business. It is solid. It is getting business groups of all stripes, commu- fore—locking up the parliamentary done. It is going to help people. That is nity bankers, and so many others tree so we cannot have a reasonable what people want us to do. They want across this country who have found shot at even putting up some amend- us to do the right job. I urge us to pass common cause with this bill. ments—is not the way to do business. this bill. Once again we are finding ourselves It is not what creates the bipartisan- I yield 5 minutes to my good friend faced with opposition from the other ship we need right now in our Senate. from Washington. side. Once again a commonsense bill I wanted to make that point and The ACTING PRESIDENT pro tem- that will save taxpayers money is hope we can change our ways so the pore. The Senator from Washington. being held hostage by political calcula- Senate will be what it ought to be—the Mrs. MURRAY. Madam President, on tion. I think an editorial in yesterday’s greatest deliberative body in the world. Tuesday, I came to the floor to voice Seattle Times on this bill summed up I thank my colleague from Montana my support for this bill by telling the some of the frustration in living rooms for granting me additional time. I ap- stories of small business owners in and communities across the country preciate him as leader of the Finance every corner of my State who have very well on the obstruction we see Committee. I enjoy working with him, struggled so hard to get credit since every day. and I enjoy working with my col- this recession began. The editorial first noted the impor- leagues on the other side. But my gosh, I talked about people who were driv- tance of this bill we are considering by let’s stop this business of locking up en by their passions, who want to grow saying: the tree on everything and not debat- their businesses, who want to hire, but Economic recovery is all about jobs. And ing the way we should, not giving peo- who have been stymied by the lack of American consumers, who help power the ple half a reasonable shot of bringing credit flowing from our banks. economy, are spending less in the shadow of up their amendments, and, above all, I talked about the drivers of our a shaky employment market. Small banks let’s start marking up these very im- economy and job creation. But if small lending to small businesses puts people to

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.005 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6464 CONGRESSIONAL RECORD — SENATE July 29, 2010 work. Access to credit is key. Helping Main Republicans working together on many to make payroll or to keep your doors Street rekindles hiring, boosts consumer important provisions to help the small open, this help could be the difference confidence in overall economic conditions, business community. It truly is a bi- between hiring another employee or and fuels the recovery. partisan bill. It is a critically impor- not. That is how the editorial started. It tant bill. I, quite frankly, do not under- Lastly, Madam President, it deals went on to say this is ‘‘part of a larger stand why there are those who want to with credit. It extends credit to small package of legislation for small busi- oppose us getting this done. businesses. We all talk about that. ness and Main Street America that has It contains many provisions that The ACTING PRESIDENT pro tem- attracted scant Republican interest or have been brought to us by the small pore. The Senator has consumed 3 min- support.’’ business community that we need to utes. Then the editorial briefly, but very get done. We all profess and understand Mr. CARDIN. I ask unanimous con- accurately, summarized what I think that the growth engine of America is in sent for 1 additional minute. so many in our country are thinking small business. That is where new jobs The ACTING PRESIDENT pro tem- when they return home from pounding are created. Sixty-four percent of the pore. Without objection, it is so or- the pavement, looking for work only to net nonfarm new jobs are created by dered. turn on their TV to see that a bill such small businesses. Mr. CARDIN. The credit provisions as this is blocked from consideration. Innovation is the way for America to are critically important. We make per- It said: stay on the cutting edge. More patents manent the SBA guarantee programs— Nothing should be more nonpartisan than and more copyrights are created 90 percent guarantees, the cost reduc- putting people back to work. through small businesses per employee tions, the 7(a) limits from $2 million to It is a line that speaks volumes in than a larger company. $5 million, the 504 limits from $1.5 mil- this Chamber because it is a line that This bill is about creating jobs for lion to $5.5 million, the microloans. We truly represents how so many of our Americans who desperately need them. boost lending, by that alone, in the constituents feel. This is a nonpartisan This legislation combines many bills first year by $5 billion. Then, as our bill. This is a bill that puts credit back reported out of the Small Business chairman has talked about, the State into the hands of our small business Committee. I say congratulations to programs are funded as well as the owners. It puts people back to work. Senator LANDRIEU and Senator SNOWE. community bank programs. And nothing should be more non- These are bills that both of them I want to mention one additional partisan than putting people back to worked on together that are important point, if I might. I am disappointed the work. for us to get done. surety bond extension is not in this I urge all of our colleagues to listen Let me just summarize some of the bill. I will work with the chairman of to the voices of their constituents and important bills that came out of our the Small Business Committee and the small business owners. Support this committee that are included. Finance Committee to make sure we cloture motion. Let’s get this sent to We helped small businesses with find a way to include that in the Amer- the President. international trade, leveraging $1 bil- ican Recovery Act. We increase that Quickly, I do want to say that I lion of export capital. This alone will from $2 million to $5 million. It deals worked very hard to include funding in affect 40,000 to 50,000 jobs. We deal with with small construction companies. this bill to help save over 130,000 teach- government contracting. We have had It is very important because for er jobs. Again that effort has been hearings—I had a hearing in the State State and Federal contract projects blocked by Republican obstruction. of Maryland on behalf of the Small over $100,000, you need to have a surety I remind all of us, every day we see Business Committee—where small bond. If you are a small business more reports about the continuing business companies pointed out how owner, what you need to pledge in wave of layoffs affecting our school dis- difficult it is for them to access the order to get that surety bond can deny tricts. This is not just about school dis- government procurement system. So you credit in the market. We have to tricts. It is about losing teachers, and our committee went to work. extend that to the $5 million that was it may be the only teacher who touches Thank you, Senator LANDRIEU; thank included in the Recovery Act, and I feel a child in their classroom. It is about you, Senator SNOWE. We went to work confident, after talking to the chair- kids in every one of our States. We and reported out a bill that is incor- man, that we will find a way to get need to be sure we do not lose focus of porated that deals with the abuses of that done. this issue. bundling. Bundling is when the agency The bottom line is this is a critically I am going to continue to fight to en- puts together a lot of small contracts important, well-balanced bill that will sure that our teachers return to the into a large contract where a small help small businesses. This is our op- classrooms and our kids have the best company can’t compete for it. We have portunity to vote for it. In half an instructors in September. taken action to correct that in this bill hour, we will have a chance to decide Again I thank Senator LANDRIEU for so that small companies can access whose side we are on. Are we on the her tremendous work on this bill. government procurement in an easier side of small business owners, to help Ms. LANDRIEU. Madam President, way. this economy recover, or are we just how much time is remaining on our We started to attack what is known going to continue this partisan division side? as prime contract abuse, where prime in the Senate? I hope my colleagues The ACTING PRESIDENT pro tem- contractors don’t pay their small con- will vote on the side of small busi- pore. There is 8 minutes 36 seconds re- tractors on time or abuse their small nesses. maining. contractors, which are more likely to With that, Madam President, I yield Ms. LANDRIEU. The Senator from be small businesses. That is dealt with the floor. Maryland has been on the floor for al- in this legislation. The ACTING PRESIDENT pro tem- most an hour. May he have the next 3 We deal with gender equity by invest- pore. The Senator from Maine. minutes? I see the Senator from Maine ing in the Women’s Business Center. As Ms. SNOWE. Madam President, all I who could then speak after him. Senator LANDRIEU has pointed out, can think of, in listening to the Sen- The ACTING PRESIDENT pro tem- working with the Finance Committee, ator from Maryland, is if we could have pore. The Senator from Maryland. we deal with tax equity. Business own- limited this legislation before the Sen- Mr. CARDIN. Madam President, I ers can deduct the cost of health care ate to the provisions we agreed to on a thank Senator LANDRIEU for her infor their families in calculating the bipartisan basis—in fact, many of credible leadership and work in regard self-employment tax. This is a matter which passed unanimously in the Sen- to the Small Business Jobs and Credit of fairness for small business owners to ate Small Business Committee—clear- Act of 2010. This is the work of the be treated equally with larger compa- ly, we would be in a far better position Small Business and Entrepreneurship nies; to be able to increase the amount than we are today. That is the regret- Committee and the Finance Com- of startup costs that can be deducted table dimension to the situation we are mittee. from $5,000 to $10,000. facing procedurally in the Senate. As Senator LANDRIEU pointed out, it These are all important issues. If you I know from the majority side there has been the work of Democrats and are a small business owner struggling is not an inclination to accommodate

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It is all for the the Senate on this issue that I have frustration, Madam President, it does a next election, which is coming very been championing since January of disservice to the American people. shortly. It is not about getting the this year. It seems to me we are all They know better. We have had plenty right policy for America—for small worried about the legislative train run- of time to address this issue. This bill businesses that are suffering, for the 8 ning out of the station. If we are all has been on the floor of the Senate for million who have lost their jobs, the concerned about the limited time we 3 weeks and we have had three sub- nearly 15 million who are a part of have available to address the issues of stitutes and 81 days that we have had that, with the underemployed who are small business and job creation, which no rollcall votes. We had no rollcall desperate and who need certainty. are the foremost issues in the United votes yesterday. Then, suddenly, what The House is adjourning tomorrow. States of America, I would have sug- appeared last night was that we have a So where is this legislation going? This gested—and I did and I asked and I substitute and we have side-by-sides, or was supposed to be a jobs agenda legis- pleaded—that we should have addressed alternatives, to Republican amend- lative session. That is what we were this issue in January, at the outset of ments. No opportunity to review them, told by the majority. That is what we the legislative session, not, at the end no opportunity to have a discussion or were told by the President of the of July, when we are about to recess to reach a true unanimous consent. United States. I said back in January— for August. The majority has said we have a I sent letters to the President, to the So everybody is worried about the re- unanimous consent agreement, but ac- Small Business Administrator, to the cess. We only have 1 week left. Well, tually it is an ultimatum to the minor- majority—saying let’s do it now. I had that is right. What do we know today ity—take it or leave it. So we had no a major initiative that I filed in early that we didn’t know earlier? Jobs and opportunity to review these alter- March, and I was asked by the major- the economy are the foremost issues natives because they were just filed. ity leader to defer because he said we facing the country, facing Americans. Actually, the amendments were not were going to be addressing this on the If it took several months to address even filed. The majority leader posed floor of the Senate before the April re- those issues, then we should have them in his unanimous consent agree- cess. taken several months to address those ment that we either had to accept or Well, according to my calendar, we issues. But now we are faced with a reject. There was no opportunity to are at the end of July, and here we are. procedural impasse because we are have a discussion yesterday. How could We are not even going to get done be- being denied the opportunity to offer we reach an agreement, maybe on sev- fore the August recess because the some amendments to this legislation. eral amendments that would be impor- House is adjourning tomorrow. So we Now, you would think we ran out of tant to this legislation, Madam Presi- have to get this done. So we are going time. We didn’t run out of time. We dent? to ram it and jam it and take it or didn’t run out of time. We had 81 days So we had four amendments that leave it, but we are not going to be able this year—81 days—in which we did not were filed on the majority side, and to offer any amendments on this side. have rollcall votes; 81 days excluding now we are faced with a cloture vote We are not going to be allowed to offer weekends and Federal holidays, all today at 10:40. Why are we rushing to a any amendments because the majority through yesterday, when we didn’t cloture vote? Why don’t we spend more is going to dictate the will of the mi- have any recorded votes. We could have time talking to each other to get the nority on a few amendments. addressed this issue long before now, policy right? Is it something that we Madam President, this is unaccept- given it the attention it deserved, rath- are not familiar with anymore—how to able. I regret this. I deeply regret this, er than treating it as a mere after- sit down and talk to one another, to as one who has worked across the polit- thought in the legislative process that discuss the issues? ical aisle. I wish more would do it on we have to ram through here and deny What are the alternatives the major- both sides—look at the policy and see the minority the opportunity to offer a ity provided in the unanimous consent what is right and what works. Now we few amendments. That is all we are agreement that wasn’t a consent agree- are talking about these side-by-sides asking. ment because nobody talked to any- offered by the majority last night—the Now, you think we just dropped this body about it? Well, it is adding issues night before a cloture vote. We filed a bill on the floor of the Senate yester- that were in the supplemental. It is ba- cloture vote on the third substitute day? This bill was on the floor more sically taking the supplemental, the that has disallowed any amendments than 3 weeks ago. How many amend- tax extenders bill, fiscal assistance to to be offered by the majority; the third ments have we been able to offer on the States, education funding, and ag- substitute in the third or fourth week this bill on our side? Zero. I will give ricultural appropriations disaster fund- this bill has been pending. The third them the lending facility that was of- ing that is actually in the new sub- substitute was filed on Tuesday and we fered by Senator LEMIEUX. But, obvi- stitute that was filed. Those are the al- are having a cloture vote at 10:40 this ously, that was an amendment the ma- ternatives that have been offered to morning, Madam President, with no jority wanted. I recognize the Chair this bill. amendments because the majority is here, and that was one of her major So this has become a mega bill. It is going to tell us what amendments we issues, an area in which I disagreed in a mega supplemental, it is a mega tax can offer. But they are going to offer creating a $30 billion lending facility. extender bill, it is now an agricultural plenty of amendments that aren’t even But we have not been able to offer any disaster bill on the small business bill. related to the small business bill. amendments. So if we were to take the issues that Enough is enough. This has been any- We have had this bill on the Senate we agreed to on a unanimous and bi- thing but a jobs agenda. The American floor for 3 weeks. We have had three partisan basis in the Senate Small people are suffering. I suspect we will substitutes—three substitutes. No Business Committee, we could have all go home and talk to our constitu- amendments. No amendments. Then had 75 to 80 votes. But that wasn’t suf- ents. What do you think is happening yesterday, no votes on anything. We ficient for the majority. It wasn’t suffi- on Main Street? Yet here we are, all for could have been finished with this bill cient. jobs. Oh, but by the way, we are going by now, if you had given the minority So here we are today with a cloture to offer the supplemental that we the right to offer a few amendments. motion—take it or leave it—because we dropped last week. We are shutting down this process, only have 1 week left. Well, why do we Last week, before we voted on the Madam President, denying the oppor- have 1 week left? Why don’t we take as lending facility amendment, I deferred tunity to debate the foremost issue fac- long as it requires to do what is right, my remarks on the lending facility out

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Now they are and the motion to reconsider be laid upon for it and I would have preferred to the table; that if it does not achieve that taking all the rest of it and putting it also, but I knew that would not be ac- threshold, then it be withdrawn; that any in this package on top of tax extenders, ceptable on that side. But I was willing majority side-by-side amendment be voted the fiscal assistance and education to do it because I didn’t want to put first in any sequence of votes; further that funding? They are talking billions and people in the terrible position of mak- debate on any amendment included in this billions. $40 billion here, $20 million ing a choice in their lives about how agreement be limited to 60 minutes each; there, all that added to the small busi- they are going to put food on their with all time equally divided and controlled ness bill. table. I have talked to people in Maine. in the usual form: For what purpose? Is that the way we I talk to my constituents and I listen, Baucus amendment re: information report- legislate? Well, the American people so that is why I supported it, because I ing provisions health care as a side-by-side to the Johanns 1099 reporting amendment; know. They know it. They can see thought it was important to do it for through this masquerade. They see it Johanns amendment 1099 reporting; Murray/ the American people, and I hope there Harkin amendment re: education funding; all the time. They know it. That is why could be some reciprocity here, to do they have lost confidence. That is why Republican side-by-side amendment re: edu- what is right for America. we are at a historic low, Madam Presi- cation funding; Hatch amendment re: R&D; I yield the floor. Reid amendment re: FMAP/Cobell funding dent, in terms of public approval. It is The ACTING PRESIDENT pro tem- Grassley amendment re: biodiesel. a disgrace for this institution. It is a pore. The time of the Senator has ex- disgrace and a shame, and I am speak- That upon disposition of the listed amend- pired. The Senator from California. ments, no further amendments be in order; ing as one who has worked mightily Mrs. BOXER. Madam President, what that the substitute amendment, as amended, across the political aisle for more than the American people want from us is if amended, be agreed to; the bill, as amend- 30 years, in both the House and the for us to work together. They don’t ed, be read a third time, and without further Senate. My career and my legislative want partisan political attacks. Here is intervening action or debate, the Senate pro- record is replete with examples of bi- ceed to vote on passage of the bill; finally, what is so strange about this par- partisanship. I think this is nothing that once this agreement is entered, the clo- ticular partisan attack we have just but a disgrace and a shame and I regret ture motions on the substitute and bill be heard. The Senator from Maine said that—more than anything else, for the withdrawn. she wants a chance for her side to have people who are suffering in America in ‘‘just a few amendments.’’ Mrs. BOXER. Madam President, I every one of our communities. We all I ask unanimous consent to have also work across the political aisle. I know better. printed in the RECORD the offer made worked with Senator SNOWE on the We had no votes yesterday. It was by the majority leader to allow that. Passenger Bill of Rights. I worked with possible to sit down and talk and see Any of the amendments they wanted, the former Senator Smith on guns in what unanimous consent request could the other side wanted, matched by the cockpit. I worked with Senator EN- be agreed to between the minority amendments we wanted. I ask unani- SIGN on afterschool, I worked with Sen- leader and the majority leader. But, mous consent to have that printed in ator INHOFE on highway bills, on no, we decided we are going to forgo all WRDA bills. We all work across the that. We are going to play a political the RECORD. There being no objection, the mate- aisle and I too compliment the Senator game. Isn’t this nice, offer these side- rial was ordered to be printed in the from Maine for standing with us on by-sides so the American people should RECORD, as follows: some very tough votes. But I have to know there are so-called alternatives say—she is asking for a bipartisan bill? to whatever the majority would allow Leader: Mr. President, I ask unanimous us to offer. It is a sad commentary be- consent that the pending motion to commit Let me read the sections of this bill be withdrawn, and all pending amendments cause two-thirds of the American peo- and I ask unanimous consent to have be withdrawn except #4519, and that the fol- this printed in the RECORD.S ple disagree with the direction we are lowing amendments be the only amendments going. in order to amendment #4519, with no mo- There being no objection, the mate- But more than anything else, they tions to commit or motions to suspend the rial was ordered to be printed in the need jobs to support their families. I rules in order during the pendency of H.R. RECORD, as follows:

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VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.003 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE Insert offset folio 54/B4 here ES29JL10.004 July 29, 2010 CONGRESSIONAL RECORD — SENATE S6471 Mrs. BOXER. The first amendment ers Association; National Small Business As- densome new regulations, massive gov- written by Landrieu-Snowe; the sec- sociation; Nebraska Independent Community ernment intrusions and record deficits ond, Snowe-Landrieu; the third one, Bankers; Pennsylvania Association of Com- and debt. So what do they do? What do Snowe-Merkley; the fourth one, Snowe- munity Bankers; Printing Industries of they do? They create an issue where America; Small Business California; Small Landrieu; the next one, Landrieu-Nel- Business Majority; Tennessee Bankers Asso- there is none. That is what this debate son; the next one, Snowe-Pryor—and ciation; Travel Goods Association; Virginia is all about. on and on. Association of Community Banks; Women It was clear from the beginning there The next section: Merkley-Alex- Impacting Public Policy. was a path for this bill to pass with a ander. We all know Senator HATCH Mrs. BOXER. Madam President, the very broad bipartisan majority. In- worked with Senator BINGAMAN on Senator from Maine is right when she stead, we are standing here this morn- many of these. Senator GRASSLEY is in- says we have to move to help this econ- ing looking at a third version of a bill volved in this, Senator BROWNBACK is omy, and this bill is one of the an- and we have yet to engage in any sub- involved. swers. That is why it has such broad stantive amendment process. They I have to say, of all the bills we have support. Republicans and Democrats have been adding either controversial taken up, this is the most bipartisan. I across the country support this, Inde- or completely unrelated matters to the think that to make a process argument pendent voters support this, small bill—all to avoid any real debate and to now is a shame. businesses support this. The only group avoid voting on Republican amend- Let me read some of the groups that that is filibustering this bill happens to ments. This bill now has over $1 billion in support this bill, even though the Sen- be the Republicans in the Senate. I am agricultural spending in it. It has $1 ator from Maine doesn’t like it. Let me telling you, if they say no again, they billion in agricultural spending in a tell you where you are. The U.S. Cham- are hurting this economy. small business bill, in the core bill— ber of Commerce: Pass this bill; Na- I yield the floor. tional Federation of Independent Busi- The ACTING PRESIDENT pro tem- the most recent version of the core bill. nesses: Pass this bill; the U.S. Hispanic pore. The time of the Senator has ex- As I said, we have been on this since June 29. Chamber of Commerce: Pass this bill; pired. Republicans have asked for a total of the Black Chamber of Commerce: Pass Ms. LANDRIEU. I understand the eight amendments. That is about two this bill; the National Association for leadership has 5 minutes each, equally votes a week if we had been on this the Self-Employed; the Small Business divided. Majority—and on and on. The ACTING PRESIDENT pro tem- bill. That is not too much to ask. It is obvious what is going on. They I ask unanimous consent to have the pore. The time remaining currently be- wanted to make this an issue so they entire list printed in the RECORD. longs to the Republican leader. There have something to talk about other There being no objection, the mate- is 5 minutes, followed by the majority rial was ordered to be printed in the than their failed economic policies. leader. The President made that clear 2 weeks RECORD, as follows: Ms. LANDRIEU. That is fine. Thank ago when he accused Republicans of SUPPORTERS OF THE SMALL BUSINESS LENDING you. I would like the minority leader blocking this bill, a statement every FUND (SBLF) to go ahead. It is his 5 minutes, and I single fact checker in town has shown American Apparel and Footwear Associa- will reserve the last 5. to be false. So they can try to deflect tion; American Bankers Association; Amer- The ACTING PRESIDENT pro tem- attention all they want, they can man- ican International Automobile Dealers Asso- pore. The Republican leader. ufacture a legislative impasse—and ciation; Arkansas Community Bankers; As- Mr. MCCONNELL. Mr. President, I that is what has happened here, a man- sociated Builders & Contractors; California had the opportunity to hear the distin- Independent Bankers; Community Bankers ufactured legislative impasse—but the guished Senator from Maine, a few mo- Association of Alabama; Community Bank- American people know what is going ments ago, speak on the measure be- ers Association of Georgia; Community on. Nearly every major piece of legisla- fore us and how it has seemed to be- Bankers Association of Illinois; Community tion this Congress has considered has come completely enmeshed in the po- Bankers Association of Kansas; Community had painful consequences for small Bankers Association of Ohio; Community litical agenda of the other side. I com- business. Nearly every major piece of Bankers of Iowa; Community Bankers of mend her for her efforts to get this bill legislation this Congress has consid- Washington; Community Bankers of West right. Senator LEMIEUX was on the ered has had painful consequences for Virginia; Community Bankers of Wisconsin; floor earlier, another one of our col- Conference of State Bank Supervisors; Fash- small business. Attempting to create a leagues on the Republican side who ion Accessories Shippers Association; Finan- controversy is not going to hide that worked long and hard to get this bill cial Services Roundtable; Florida Bankers from anyone. Association; Governors of Michigan, Ohio, across the finish line. Hopefully, if cloture is not invoked, Colorado, Connecticut, Illinois, Massachu- But I must say, it takes a lot of ef- we can return to the original intent of setts, Pennsylvania, New Mexico, New York, fort to make a partisan issue out of a this bill, strip it of its controversial North Carolina, Oregon, Washington, West bill that should have broad bipartisan add-ons and pass a small business bill Virginia. support. You have to go out of your Heating, Air conditioning & Refrigeration that attracts broad bipartisan support way, as Senator SNOWE pointed out, to Distributors International; Independent and helps American small business make a small business bill controver- Bankers Association of Texas; Independent owners. Given the legislative record of Bankers of Colorado; Independent Commu- sial, but our friends on the other side this Congress, they could certainly use nity Bankers Association of New Mexico; have managed to pull it off. the help. Independent Community Bankers of Amer- They have outdone themselves. We The ACTING PRESIDENT pro tem- ica; Independent Community Bankers of got this bill in late June. This is July pore. The majority leader. Minnesota; Independent Community Bankers 29. Since then, the Democrats have set Mr. REID. We have 5 minutes left; is of South Dakota; Indiana Bankers Associa- it aside six separate times to move on tion; International Franchise Association; that right? to something else. So, from the begin- The ACTING PRESIDENT pro tem- Louisiana Bankers Association; Maine Asso- ning, this bill clearly was not a pri- ciation of Community Banks; Marine Retail- pore. The Senator is correct. ers Association of America; Maryland Bank- ority to them until they realized they Mr. REID. I yield 4 minutes to my ers Association; Massachusetts Bankers As- didn’t have anything to talk about friend from Louisiana. sociation; Michigan Association of Commu- when they go home in August. I think The ACTING PRESIDENT pro tem- nity Bankers; Missouri Independent Bankers one Democratic Senator put it best pore. The Senator from Louisiana. Association; National Association for the when he suggested this week that a Ms. LANDRIEU. Madam President, I Self-Employed; National Association of Gov- midterm campaign that revolves would like to respond directly to the ernment Guaranteed Lenders; National Asso- around his party’s agenda and that of minority leader because I wish to make ciation of Manufacturers; National Auto- the White House is a losing proposition clear that there are no extraneous pro- mobile Dealers Association. National Bankers Association; National for the majority. visions in this bill other than disaster Council of Textile Organizations; National He was summing up their strategy on relief for farmers. The last time I Marine Manufacturers Association; National this bill. They knew they could not run checked, they were small business own- Restaurant Association; National RV Retail- on a record of job-killing taxes, bur- ers, many of them. They are running a

VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.012 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6472 CONGRESSIONAL RECORD — SENATE July 29, 2010 different kind of business. It is not a ture if we took out a provision we put first compliment my friend the major- hardware store, it is not a restaurant— in, the agricultural disaster relief. So ity leader. I think we are beginning to they go out and actually get their food after having conferred with a number make some real progress here toward out of the ground. The last time I of Senators on both sides of the aisle, I making a bill that was initially bipar- checked or thought about it, they were have agreed we will take that out. tisan bipartisan again. This doesn’t small businesses. With that provision not in the bill it quite get back to where I had hoped we If the minority leader is suggesting got 60 votes on Thursday night, that could get, but I think we are making there is not bipartisan support for agri- same provision. But even to show good progress. cultural disaster relief, I urge him, at faith, which I am not sure it is nec- Therefore, I would encourage my his next available opportunity, to file essary, but to show we are going to go Members to oppose cloture on the vote, an amendment to repeal it because I the extra mile, I will not only agree to but we are going to continue the dis- think his side would have strong objec- take out that extra provision but also cussion. This is only 11:30 on Thursday. tion to that. That was put in at the re- have the same amendments we asked I think we are getting closer to getting quest of Senator LINCOLN and Senator for yesterday; that is, the three amend- where we may be able to do some busi- CHAMBLISS from Georgia, and he very ments the Republicans wanted, which ness and get this bill out of here, but well knows that—through the Chair to are the Johanns, Hatch, and Grassley there will have to be some amendments the minority leader. amendments. I will be more specific on on our side. Actually, I think our There were only two arguments made the legislative language in a minute. friends on the other side knew it would this morning against this bill because So we would take the agricultural dis- have to be more than three. I appre- it was just a political advertisement aster relief out and have the same ciate the movement in the direction that the minority leader outlined, so I amendments we had yesterday and with the three, but that would not be will not even respond to him, to the offer the same amendment we had. enough, at least for this juncture right I don’t know how we could be more Senator from Kentucky, but I will re- now, to be satisfactory. Therefore, I ob- fair. In fact, a number of my Members spond, in closing, to Senator SNOWE ject. and Senator HATCH. think we should go ahead with this, but The ACTING PRESIDENT pro tem- Mr. HATCH came to the floor, the we are willing to do that. pore. The majority leader. Madam President, I ask unanimous Senator from Utah, and said we Mr. REID. My frustration is pretty consent that Title 4, part 3, under sub- couldn’t possibly pass a $12 billion tax high. I cannot possibly understand how stitute B, be stricken; and that the cut for small business today unless we my friends on the other side of the pending motion to commit be with- could, as a Senate, in the next few aisle could vote against cloture. We drawn, and all pending amendments be hours, make final decisions on whether have agreed to take out the provision withdrawn except No. 4519, as amended, to extend the entire tax package passed dealing with agricultural disaster— and that the following amendments be by George Bush when he was President take it out. We have agreed to have the the only amendments in order to 8 years ago. I think that is a big lift for amendments they have indicated they amendment No. 4519, with no motions the Small Business Committee. We have wanted for days. We have agreed want to give $12 billion of tax cuts to commit or motions to suspend the rules in order during the pendency of to do that. It is unreasonable. today. I hope people will vote for them. Some people said, Well, why don’t Second and finally, Senator SNOWE H.R. 5297; that all amendments in- you talk to Senator MCCONNELL. I have does deserve the last reference on this cluded in this agreement be subject to talked to Senator MCCONNELL. It is ob- because she is an outstanding Senator, an affirmative 60-vote threshold; and that if the amendment achieves that vious that no one on the other side of one of the finest I have ever worked the aisle wants this bill to pass. I am with, but this issue is a public debate threshold, then it be agreed to and the motion to reconsider be laid upon the so disappointed. between those of us who support the We are going to have this cloture table; that if it does not achieve that Small Business Lending Fund and vote in a minute. I hope Senators on those who do not. She does not support threshold, then it be withdrawn; that any majority side-by-side amendment the other side of the aisle understand it. She has made excellent arguments. the good faith we have engaged in. This Her arguments are given merit. We be voted first in any sequence of votes; further, that debate on any amendment is not a victory for Democrats or a devoted on it, but we got 60 votes. feat for Republicans; it is an effort to Senator REID, I know, has the last included in this agreement be limited help small business. It is an effort to minute and he has been outstanding in to 60 minutes each, with all time equal- help small business. I went over line by this, but, please, there are only two le- ly divided and controlled in the usual line what this does for small business. gitimate arguments. We cannot solve form: It is miraculous. Hundreds of thou- extension of all the tax cuts in the next Baucus amendment regarding infor- sands of jobs—not tens of thousands— 2 hours. Our small businesses have mation reporting provisions health will be created with this legislation. picked up enough weight. They cannot care as a side-by-side to the Johanns 1099 reporting amendment; Johanns I appreciate the chairman of the handle that weight. If we don’t give Small Business Committee leading this them some help now, today, many of amendment 1099 reporting; Murray/ Harkin amendment regarding edu- effort. I understand that I said Lincoln- them are not going to be here, I want LeMieux; of course I meant Landrieu- the Senator from Kentucky to know, cation funding; Republican side-by-side amendment regarding education fund- LeMieux when I spoke earlier. I am not when we show up in September. going to mention Republicans by name, I yield the last minute to the leader. ing; Hatch amendment regarding R&D; Mr. REID. Madam President, I sug- Reid amendment regarding FMAP/ but there are some Republicans who gest the absence of a quorum. Cobell funding; Grassley amendment have stepped forward, and I appreciate The ACTING PRESIDENT pro tem- regarding biodiesel; that upon disposi- it very much. Again, it is not for my pore. Without objection, the clerk will tion of the listed amendments, no fur- appreciation, it is for the appreciation call the roll. ther amendments be in order; that the of the American people. Look what this The legislative clerk proceeded to substitute amendment, as amended, if message will send. We have at least 80 call the roll. amended, be agreed to; the bill, as groups, entities, which support this Mr. REID. Madam President, I ask amended, be read a third time, and legislation. Major small business con- unanimous consent that the order for without further intervening action or glomerates support this legislation. the quorum call be rescinded. debate, the Senate proceed to vote on This is all they have. We shouldn’t The ACTING PRESIDENT pro tem- passage of the bill; finally, that once leave here and not complete this legis- pore. Without objection, it is so or- this agreement is entered, the cloture lation. It would be too bad. This should dered. motions on the substitute and bill be not be partisan. Mr. REID. Madam President, let me withdrawn. The ACTING PRESIDENT pro tem- bring all of the Senators up to date as The ACTING PRESIDENT pro tempore. The Republican leader. to where we are. pore. Is there objection? Mr. MCCONNELL. Madam President, A member of the minority indicated Mr. MCCONNELL. Madam President, we turned to this bill initially on June that that Senator would vote for clo- reserving the right to object, let me 24. We have left it six times over the

VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.013 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6473 last month. There is widespread agree- The assistant legislative clerk read Mr. REID. Madam President, I ask ment on a bipartisan basis that we as follows: unanimous consent that the cloture should pass a small business bill. We CLOTURE MOTION motion on H.R. 5297 be withdrawn. The PRESIDING OFFICER. Without are finally making some progress. It We, the undersigned Senators, in accord- has become less a political instrument ance with the provisions of rule XXII of the objection, it is so ordered. and more the initial bill, as Senator Standing Rules of the Senate, do hereby The Senator from Louisiana. SNOWE has been asking us to do for move to bring to a close debate on the Reid- Ms. LANDRIEU. Madam President, quite some time. I think we should Baucus substitute amendment No. 4519 to we have had a very enlightening debate continue to discuss it after the vote. H.R. 5297, the Small Business Lending Fund this morning on the floor that started It is only 11:30 on Thursday. I think Act of 2010: at 9:30. It has been continuing until there is a chance we may be able to Harry Reid, Max Baucus, Edward E. now. The good news about this debate make some significant progress very Kaufman, Amy Klobuchar, Mark R. is that although we did not win on this soon. In the meantime, we should go Warner, Jeff Merkley, Jack Reed, Jon vote—cloture was not invoked—Main Tester, John D. Rockefeller IV, Dianne Street is still winning and we are alive. ahead and have the vote. The majority Feinstein, Daniel K. Akaka, Sherrod leader and I can continue to try to Brown, Barbara A. Mikulski, Patty We are still standing. Earlier this unsnarl this problem and see if we can Murray, Jeff Bingaman, Debbie morning, the two leaders came to the move forward. Stabenow, Bill Nelson, Carl Levin. floor and said—basically agreed—that if we can have a few more amendments, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- what I heard the minority leader say, pore. The majority leader. pore. By unanimous consent, the man- Mr. REID. There is nothing to the Senator from Kentucky—the mi- datory quorum call has been waived. unsnarl. We have agreed to take out nority leader said a few more amend- The question is, Is it the sense of the the offending provision that Senators ments, we could then bring some help Senate that debate on amendment No. on the other side of the aisle said they to Main Street. 4519, offered by the Senator from Ne- wanted out. I took it out. They wanted Main Street has been waiting for a to offer amendments. I have agreed to vada, Mr. REID, to H.R. 5297, the Small year and a half. We have had bill after let them offer amendments. There is Business Lending Fund Act of 2010, bill, amendment after amendment. nothing snarled. There is only an effort shall be brought to a close? What I heard this morning from the to stop passage of this bill. The yeas and nays are mandatory minority leader was very positive. He The ACTING PRESIDENT pro tem- under the rule. said: All we need is just a few more pore. The Republican leader. The clerk will call the roll. amendments. I asked what ‘‘a few’’ Mr. MCCONNELL. Madam President, The assistant legislative clerk called was. Was that two or three or four or the majority leader is graciously giv- the roll. five? That answer never came. I am as- ing us three amendments. What I am The PRESIDING OFFICER (Mrs. suming that ‘‘a few’’ is a few, and if we saying is three amendments is not HAGAN). Are there any other Senators work hard over the next few hours and enough, and he knows that. So we are in the Chamber desiring to vote? come up with a few, Main Street could not expecting to have an unlimited The yeas and nays resulted—yeas 58, win because this bill is about Main number of amendments, but three nays 42, as follows: Street and businesses on Main Street. amendments will not suffice. [Rollcall Vote No. 221 Leg.] It is not about Wall Street. It is not The ACTING PRESIDENT pro tem- YEAS—58 about big banks. It is about small com- pore. The Senator from Louisiana. munity banks and the small businesses Ms. LANDRIEU. Madam President, Akaka Gillibrand Murray Baucus Goodwin Nelson (NE) in our country that are desperate for could I ask the minority leader a ques- Bayh Hagan Nelson (FL) help. tion, please. Will he yield? Begich Harkin Pryor This bill has $12 billion in tax cuts Would the minority leader be willing Bennet Inouye Reed for small business, not big business. Bingaman Johnson Rockefeller to say how many amendments might Boxer Kaufman This bill has a $30 billion lending pro- be enough? The Senator from Maine, Sanders Brown (OH) Kerry Schumer gram that is voluntary, with no re- Burris Klobuchar the ranking member, said a few. The Shaheen strictions for small banks, not big Cantwell Kohl Senator from Florida—if I could fin- Specter banks. This bill is supported by over 70 Cardin Landrieu Stabenow ish—the Senator from Florida, Mr. Carper Lautenberg organizations. I would like my col- LEMIEUX, said he thought it would be Casey Leahy Tester leagues on the other side to know that fair if there were four or five. We have Conrad Levin Udall (CO) the chamber of commerce and the Na- Dodd Lieberman Udall (NM) offered three. Is there any sort of possi- Dorgan Lincoln Warner tional Federation of Independent Busi- bility—because that would help us get Durbin McCaskill Webb ness are supporting this bill. Chambers even further. Feingold Menendez Whitehouse and community bankers all over Amer- Mr. MCCONNELL. Is that a question? Feinstein Merkley Wyden ica are supporting this bill. And we are Ms. LANDRIEU. Yes. Franken Mikulski two votes from passage. Mr. MCCONNELL. I will tell my NAYS—42 Mrs. BOXER. Madam President, will friend from Louisiana that is the sort Alexander Crapo Lugar the Senator yield for one question? of thing the majority leader and I work Barrasso DeMint McCain Ms. LANDRIEU. I very much would on every day, is to try to determine the Bennett Ensign McConnell like to yield to the Senator from Cali- Bond Enzi Murkowski number of amendments, and we ought Brown (MA) Graham Reid fornia for a question. to continue to try to do that. Brownback Grassley Risch The PRESIDING OFFICER. The Sen- Ms. LANDRIEU. Madam President, Bunning Gregg Roberts ator from California. let me press for a minute on this ques- Burr Hatch Sessions Mrs. BOXER. I am just asking a Chambliss Hutchison Shelby tion, because with all due respect to Coburn Inhofe Snowe question through the Chair. This is the the minority leader, until we can fi- Cochran Isakson Thune time of the Senator from Louisiana. nally agree on that number, it is going Collins Johanns Vitter I have watched the Senator from to be hard to figure out a path forward. Corker Kyl Voinovich Louisiana make a case for this bipar- Cornyn LeMieux Wicker So my question to the minority leader tisan bill day after day, and I have is, so we can do this in a more public The PRESIDING OFFICER. On this heard her lay out why we should come way—— vote, the yeas are 58, the nays are 42. together, Republicans and Democrats, The ACTING PRESIDENT pro tem- Three-fifths of the Senators duly cho- to do something right for small busi- pore. The Senate has a cloture vote at sen and sworn not having voted in the nesses that create 62 percent of all this time. affirmative, the motion is rejected. jobs. It is astounding to me that we Mr. MCCONNELL. Regular order. Mr. REID. Madam President, I enter could not get even one Republican to CLOTURE MOTION a motion to reconsider the vote by join with us today. But I do have hope. The PRESIDING OFFICER. The which cloture was not invoked. As we speak, we see the majority lead- clerk will report the motion to invoke The PRESIDING OFFICER. The mo- er and the minority leader discussing cloture. tion is entered. amendments.

VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.014 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6474 CONGRESSIONAL RECORD — SENATE July 29, 2010 I want to ask my friend two ques- I understand the rules; I have been that point: Isn’t this a bill that is des- tions. The Senator from Maine gave a around here 14 years. So we had a vote perately needed by our small busi- very impassioned speech saying that on it. You know what. It got 60 votes. nesses? Aren’t our small businesses the the Democrats were the ones who were The Small Business Lending Program creators of jobs? Is this bill not paid stopping this legislation. She said all got 60 votes on the floor of the Senate for? And won’t this bill deliver the we needed to do was offer ‘‘a few’’ after it passed the House of Represent- kind of policy that will allow for job amendments to the Republicans. atives. growth through growth of small busi- My first question: Is it not true, I say When I was in school, I learned that nesses that are solid, with community to my friend who is managing this bill, once a bill was passed, it comes to the banks that are solid? Isn’t this bill just that, in fact, the majority leader, Senate, they pass it, and it goes to the what we need to do before we leave to HARRY REID, did offer the other side a President for signature. Maybe there go home and be with our constituents few amendments—clearly did before are some people who don’t want that in August? this cloture vote? And the second ques- provision to go to the President for sig- Ms. LANDRIEU. Absolutely, the Sen- tion is whether my friend would be nature. I understand that. But we got ator is correct. I am glad I have this willing to share with our colleagues 60 votes on the bill, as the Senator chart to answer her question because and the people who are engaged in this from California knows. she has been representing the State of debate how this bill is perhaps the So here we are. The other side is very California beautifully for so many most bipartisan bill ever to come out good about hiding behind pages. They years. She knows this without me of any committee. I know my friend bring out these big pages of bills and showing it, but 81 percent of the jobs gave me that information—title after they say: We don’t know what is in it, lost in America are from small busi- title after title containing the names and we can’t tell. So I sent the four ness. of Republicans and Democratic Sen- pages in my hand to all the press orga- So when the other side complains and ators. nizations today. It is just four pages. complains and just flaps and flaps and So if she would answer those two Anyone can read this. They are on my flaps all day long about it is a jobless questions, No. 1, when the Senator Web site and lots of other Web sites. recovery, we have a bill on the floor to from Maine says that our leader did There are just four pages. That is all create jobs from small business and not offer a few amendments to the that is in the bill—all small business they say no. That vote today was a other side; isn’t she incorrect? And, No. items. ‘‘no’’ vote to give help to small busi- 2, isn’t this one of the most bipartisan There was an agricultural provision ness. They can color it, paint it any efforts to come out of any committee? that was in the bill that I actually sup- way they want. That is what it was. Ms. LANDRIEU. I would like to an- port. Senator LINCOLN put it in the bill, We know this recovery is having a swer the Senator from California by along with Senator CHAMBLISS. But hard time with jobs. I am going to saying the record will speak for itself you heard the minority leader say this yield in a minute because there are because that vote we just took, there morning that he didn’t think farmers eight other Senators on the floor who were 59 Senators, all on this side of the were small businesspeople. I will let want to speak on different subjects, so aisle, who pushed a green light, and him explain that to the farmers in Ken- I will conclude with this. This isn’t there were 41 on the other side who tucky. But he said he did not think the MARY LANDRIEU information. This pushed a red light. So it is very clear provision for the farmers had anything comes from the monthly national em- who is trying to move forward and who to do with small business. Maybe he ployment reports from 2008 to 2010—the is trying to stop this bill. It is very hasn’t been in a seed store lately, or job losses with small business. clear. maybe he hasn’t been where people That crew over there on the other I don’t think there is anyone, even in purchase hay and supplies. Maybe he side of that aisle can’t run fast enough the press, confused about that because hasn’t been to a John Deere dealership, to help big business, to help Wall this debate, amazingly, has been so but they sure are all over Louisiana Street. But when it comes to voting to open. So much of it has gone on on the and Arkansas. help small businesses that are bleeding Senate floor that they can actually fol- Mrs. BOXER. Would the Senator jobs, they want to run and hide off the low it. These deals are not being done yield? floor. in back rooms; they are being done Ms. LANDRIEU. I yield for a ques- The minority leader said a few right here on the Senate floor, and tion. amendments. I would like to know how they are following it. They know there Mrs. BOXER. Of course. I just have many is a few? Is it three, is it four, is are 70 organizations, and they know one more question for my friend. it five, is it six? Let’s get a deal done this bill is bipartisan. We hear every Senator—Democratic, today. I would just as soon do it here, I am just going to read the names, Republican, Independent—say the big- out in the open, but I guess that is not not the provisions, that the Senator gest issue before us, the biggest one is the way things are done here. was asking about: Landrieu-Snowe, jobs—jobs, jobs, jobs. When my friend So I will yield the floor and let other Snowe-Landrieu, Snowe-Merkley-Lan- goes home, I know she has to deal with Senators speak about judges and other drieu-Crapo-Risch, Snowe-Landrieu, the oil disaster and still rebuilding things that have to be done because Landrieu-Nelson, Snowe-Pryor. after Katrina. In California, we have there are other problems in the world. And let’s continue: Kerry-Snowe- our series of deep problems in tough, This isn’t the only one. This is a big Menendez, Merkley-Alexander, Snowe, tough times. But she knows that what- one, but it is not the only one. Bingaman-Hatch-Landrieu-Grassley, ever we do here we have to push for- I will end with this sign because this Baucus-Grassley-Brownback-Inhofe-Jo- ward with policies that create jobs, and is what this debate is about. It is about hanns-Menendez, Baucus-Grassley- we have to keep our eye on the deficit. Main Street. You are either for it or Crapo, Kerry-Ensign—there are 72 So my friend has brought forth a bill, you are against it. It is about as simple cosponsors that Senators KERRY and along with Senator BAUCUS and many as that. ENSIGN put on this bill—SNOWE, GRASS- Republicans—because she just went When I became chair of this com- LEY. through the many bipartisan provi- mittee, I said: We are going to fight For the ranking member to come and sions—that will leverage $30 billion hard for small business, and I asked the suggest that there are not enough bi- into $300 billion from the private sec- chamber the other day: How many of partisan amendments, let me continue. tor. If we turn that into jobs, we are your members are small businesses? There are more: There is LeMieux- talking thousands and thousands of They said: Senator, you would be sur- Landrieu, NELSON is on this one, jobs created by the innovators, the prised. It is 96 percent of the members LeMieux-Landrieu-Nelson-Klobuchar. small businesspeople who have gotten of the chamber. This bill came out of the Finance no help. That is why my friend has the I asked: Are you all standing up for Committee and the Small Business sign ‘‘Main Street.’’ We have to help this bill? They said: Yes, we are. So I Committee with bipartisan support. Main Street. thank the chamber and I thank the One of the things we couldn’t agree on So I want to ask in the form of ques- NFIB. I feel like I am Alice in Wonder- was the Small Business Lending Fund. tion, and then I will leave the floor at land. Most of the time they are on that

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.016 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6475 side, but this time they are on our side, Mr. NELSON of Florida. Madam amendment that was added to this and we can’t get the Republicans to President, before the Senator from overall small business bill that put the vote. Louisiana leaves the floor, I just want lending facility back in the bill. Finally, the Senator from Utah came to say that this issue is very simply It is an overlooked feature of the leg- to give a feeble argument this morning. characterized as Main Street versus islation that it actually provides $56 He said he could not vote for it because Wall Street. It is a question of whether billion in tax relief for small businesses we haven’t debated the entire extent of we are serious about reviving this over the next couple years. Upfront tax the Bush tax cuts. That is a big debate economy and getting money into the relief comes in the form of early tax that we need to have, but we don’t have hands of small business through com- writeoffs for investments in new equip- to have it on this bill. These people munity banks. Anybody voting no on a ment, new machinery, and new con- can’t take any more waiting. They motion to invoke cloture to go to a bill struction. That is all a part of this have had enough. We can handle that that is ready to be embraced is inex- small business bill. Together with the debate on another day, on another bill, cusable. tax breaks, the targeted tax incentives, but not on this one. So I would suggest This legislation is critical to getting and the lending fund, we have a pack- to the Senator from Utah that he has small businesses back on their feet. age that is exactly the type of relief quite a few amendments on this bill, That is certainly the case in my State small businesses need today. We need and of the few amendments we might of Florida. It gets the credit flowing to jump-start them and that is what have, he may have two. again on Main Street through the com- this bill accomplishes. Mr. DURBIN. Will the Senator yield munity banks. Obviously, as the Senator from Lou- for a question. The statistics about small business isiana has already said, this bill has Ms. LANDRIEU. I will yield. and jobs is all too familiar. Small busi- very wide support. I underscore the Mr. DURBIN. I see the Senator from nesses create most of the jobs in this Independent Community Bankers of Florida is here, but I wanted to ask a country. In the last 15 years, they have America, and 29 State community question through the Chair. created 12 million jobs or two-thirds of Is it my understanding that we have banking associations have urged ap- the American jobs that have been cre- been debating this small business bill, proval of this plan. So does the Amer- ated. When the economy falters, guess which has come out of the committee ican Bankers Association, the National who takes it on the chin the hardest? the Senator from Louisiana chairs, for Small Business Association, the Na- Small business does. Over the past cou- quite some time now? Isn’t this the tional Association for the Self-Em- ple of years, small firms have ac- second week, or maybe even longer? Is ployed, the Small Business Majority, counted for between 64 and 80 percent it true the other side objected to a pro- the National Bankers Association, and of net job losses. So it is time for us to vision in the bill because it related to the Conference of State Bank Super- agricultural disaster assistance in a step up and help them. visors. For example, in Florida, small busi- few States? I have heard from many constitu- Ms. LANDRIEU. Yes. nesses play an even bigger role in the ents—including small business owners, Mr. DURBIN. The Senator from Lou- local economy. According to the Small bankers, chambers, entrepreneurs— isiana argued that farmers are small Business Administration, small busi- who believe this legislation is needed. I businesspeople too. So it is not unrea- ness employers account for 99 percent am proud to cosponsor it. sonable to include it. But we decided, of the State’s employers and provides I ask unanimous consent to join as a in an effort to get a bipartisan agree- for nearly half of the State’s private cosponsor of the Baucus-Landrieu sub- ment on the bill, that we would remove sector jobs. Just when it looked as stitute amendment because I think it the section they objected to. Then they though things could not get worse for is the right thing to do and the right came in with a list of three amend- small businesses—and especially so in thing for our State. ments and said they wanted to offer our State—along came the tragic ex- The PRESIDING OFFICER. Without these three amendments, which have plosion of the Deepwater Horizon plat- objection, it is so ordered. maybe a loose connection with small form, and our seasonally adjusted un- Mr. NELSON of Florida. It is my business but not much more of a con- employment was 12 percent, rep- hope we can pass this substitute nection, and we said: Fine, you can resenting in our State 1.1 million peo- amendment without further opposition offer those three amendments, and we ple out of work in a labor force of 9 as we are continuing to see. will offer three amendments, and let’s million. I yield the floor. go and get this done. Then they came We have not yet gauged the full im- The PRESIDING OFFICER. The Sen- back and objected again. pact of that oil spill on Florida’s econ- ator from Florida. So isn’t it correct that right now we omy, but there is ample evidence that Mr. LEMIEUX. Madam President, it are trying to get to a point where we it is the small businesses that are the has been my privilege to work on the are providing credit to small businesses ones that have been hurt the worst and measure that is before the Senate, the all across the United States through the ones who have had to lay off the small business bill that has been cham- good sound banks, and that credit will jobs as a result of that oil spill. pioned by my friend from Louisiana, help these small businesses survive and There was a study done by Dun & Senator LANDRIEU, that Ms. CANTWELL, hire more employees, and we are being Bradstreet that found that the impact the Senator from Washington, has been stopped by the Republicans in our ef- of the spill on Florida tourism, boat- so instrumental working on, as well as fort to help small business? Is that ing, and fishing industries—these busi- my friend, Senator KLOBUCHAR, with what is happening? nesses located along the gulf coast—is whom I worked on the export portion Ms. LANDRIEU. That is exactly what going to affect 46,000 businesses, with of this bill. it looks like. The Senator from Illinois almost 300,000 employees and $14 billion To the American people at home has described it accurately. If anybody in sales volume. One of the key fea- watching this, this must be a rather believes he has not described it accu- tures of this legislation and another confusing process. Why is it that there rately, let them come to the floor be- main reason why we need to pass it is is a piece of legislation, a Small Busi- cause he has described the truth. He that Small Business Lending Fund. It ness Promotion Act, that has bipar- has said the truth. sets up the voluntary capital invest- tisan support—why is it not being So I am going to yield right now be- ment program, under which the Treas- voted on today? Frankly, there are a cause others wish to talk, but I thank ury Department can purchase up to $30 lot of things around here we cannot the Senator from Illinois. This battle is billion in equity from small banks, agree on—the majority of things, it going on, and we intend to win it for those whose total assets fall under $10 seems. But this is something we can Main Street. I hope the other side will billion. Although the fund is set at $30 agree on. It is going to be good for get their short list of a few amend- billion, conservative estimates indicate America. I was pleased to sponsor the ments together pretty quickly. it will lead to $300 billion in new small amendment along with my friend from I thank the Chair. business lending. This is the economic Louisiana, the LeMieux-Landrieu The PRESIDING OFFICER. The Sen- shot in the arm that so many States amendment, which is the lending facil- ator from Florida. need, including ours. I cosponsored the ity. It is a provision that will bring

VerDate Mar 15 2010 00:14 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.018 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6476 CONGRESSIONAL RECORD — SENATE July 29, 2010 money to local community banks to station and some Members of this body JUDICIAL NOMINATIONS loan money to the people on Main want to see their stuff put on it. I un- Mr. UDALL of Colorado. Madam Street—not Wall Street bankers but derstand why they want to get things President, I rise on an important mat- the bankers you see at Rotary or done, but this small business bill ter that affects all of us, Senators and Kiwanis or at church or synagogue who should pass, it should pass with rel- citizens of our States alike, and that is loan to the auto mechanic, to the den- evant amendments from both sides, the shortfall in the process of con- tist, to the hair stylist, to the people and we should do it today. We should firming nominations to the Federal working in your local communities. do it today and pass it and send it over bench. In particular, I wish to talk In my home State of Florida, that is to the House so the House can pass it about one outstanding nominee from the vast majority of our businesses— and send it to the President and he my home State of Colorado, William nearly 2 million small businesses in could sign it. Martinez. Bill has an inspirational Florida, small businesses that are I say that as a Republican because, story. I will tell you more about it in struggling in the worst economy any- before I am a Republican, I am a Flo- a minute, but first I wish to explain one can remember, the worst economy ridian and I am an American, and this why there is such an urgency to con- in Florida since the Great Depression. bill is good for our country and it is es- firm this fine nominee. Today I saw a report out of Florida pecially good for my State. The situation in the Colorado Dis- Trend, one of our leading business mag- I was pleased that the leader, Leader trict Court is dire—and I do not use azines, saying that for the first half of REID, came down and made some that word easily or casually. There are the year, Florida now leads the coun- changes in his proposal. I am heartened currently five judges on our court and try in home foreclosures. We are No. 1 he is meeting with Leader MCCONNELL two vacancies, both of which are rated behind on payments on our mortgages. right now. I hope they can work this as judicial emergencies by the Admin- Our unemployment rate is 11.4 percent, out, because if they cannot work this istrative Office of the U.S. Courts. but that does not truly capture how out, shame on us. Shame on us if we These five judges have been handling bad the situation is because that unem- cannot get this done when there is bi- the work of seven judges for nearly 2 ployment rate is a moving average over partisan support for this bill, a bill years, and it has been over 3 years time, and after a certain period of time that will cut taxes for small businesses since our court had a full roster of when you have been out of work, you providing much needed credit and lend- judges. are no longer counted as unemployed ing for local community banks to lend But there is more to the story. In because those who make these statis- to small businesses without increasing 2008, based on the significant caseload tics believe you are not actively in the taxes and without increasing the debt in Colorado, the Judicial Conference of job market anymore. The truth of it is, or deficit. When do we get to do that the United States recommended that around here? Not too often—we do not. if you walk down the street in my an eighth judgeship be created. So you I have tried to work in good faith home State of Florida, you have a 1-in- could argue we are actually three with my friends on the other side to fa- 5 chance, if you see an able-bodied cilitate the negotiations today to get judges down from what we should have. adult, that they are unemployed or un- us to a place where we can have reason- I ask unanimous consent to have deremployed. Twenty percent is the able amendments, where the rights of printed in the RECORD a letter from real number of people who don’t have a the minority will be protected and in Chief Judge Wiley Daniel to Leaders job or don’t have enough of a job. the same vein we can still get this bill REID and MCCONNELL, explaining the The people in my State are hurting. profound impact this vacancy is having This is a bipartisan bill and it should passed and I hope we can do so because we have good people on the other side on the courts of the District of Colo- pass. I am hopeful our leaders, Leader of the aisle who I know want to get rado. REID and Leader MCCONNELL, who are There being no objection, the material was this done. ordered to be printed in the RECORD, as fol- meeting right now, are going to come I remain hopeful. I thank Senator to an agreement on amendments. lows: LANDRIEU and Senator CANTWELL. I see Let me break this down for the UNITED STATES DISTRICT COURT, my friend from Rhode Island, whom I American people so they can under- DISTRICT OF COLORADO, also thank for his good work on this stand what is going on. Our friends on Denver, CO, May 6, 2010. bill, and I hope today we will get this the other side of the aisle, the Demo- Hon. HARRY REID, done with a reasonable accommodation crats, are in the majority. They have 59 Hart Senate Office Building, so we can help the American people. Washington, DC. votes. They can control the agenda. Mr. WHITEHOUSE. Will the Senator Hon. MITCH MCCONNELL, We, here on the Republican side, want yield for a question? Russell Senate Office Building, to offer amendments to bills, but we Mr. LEMIEUX. I am pleased to. Washington, DC. can only offer amendments by agree- The PRESIDING OFFICER. The Sen- DEAR SENATORS REID AND MCCONNELL, I ment. The majority that is in charge ator from Rhode Island. write this letter in my capacity as Chief only lets us offer amendments if they Mr. WHITEHOUSE. Through the Judge for the District of Colorado. As more agree to it, so we have little bargaining Chair, if I can inquire of the junior fully detailed in this letter, our court has power. But we believe we should have suffered multiple judicial vacancies for Senator from Florida, is it not true years. Presently, we are down two district the opportunity to make bills better. that if one Member of his caucus, just court judges. It is important that you under- So we are going to have some amend- one, had voted with us just a few mo- stand that these vacancies have caused a ments to this bill, and we should have ments ago on this vote, we would actu- profound impact on the court’s ability to dis- some amendments to this bill. You ally be on this bill and we could begin charge its important obligations to the citi- know what. If they are good ideas, the to move to amendments and consider zens within the State and District of Colo- power of our ideas will prevail and the the bill; is that not correct? rado in a timely and efficient manner. As you are aware, President Obama nomi- other side will agree to them and if Mr. LEMIEUX. That reminds me, my they are not, they will not. If the nated William Martinez to be a judge on the friend, if I may, reminds me of the say- court several months ago. Within the past American people, later on, think we ing that half the truth is no truth at several weeks, he was voted out of the Sen- have better ideas, maybe they will send all. Yes, that part is true. But the rest ate Judiciary Committee and is presently on more of us here and if they don’t, of the story, as Paul Harvey would say, the Senate floor awaiting a vote. I urgently maybe they will send more of them. is if this bill were not loaded with all ask the two of you, in your capacities as But we should have the opportunity to these appropriations bills that have Senate Majority and Senate Minority Lead- offer our amendments. nothing to do with small business, we ers, to reach a ‘‘Time Agreement’’ so that a On the other side, they are going to would be on this bill right now and it Senate vote on Mr. Martinez’s nomination can occur. As I am sure you understand, this have some amendments, too, and that would be passed. is fine, but they should be relevant to is a critical resource issue for me as it is my The keys to the kingdom lie with the responsibility to ensure the adequacy of judi- this bill. They should not be leftover majority. This deal could be done right cial resources to handle the business of the appropriations on issues that have now and we could get to this bill. court. nothing to do with small business just The PRESIDING OFFICER. The Sen- The court is presently authorized seven because this is the train leaving the ator from Colorado. judgeships. At this time, the court has five

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.019 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6477 active judges and the assistance of five sen- having a fully staffed cadre of authorized Senate has confirmed only 24 nominees ior judges with each senior judge having var- judges is the most effective method by which so far this year and 36 total since ious levels of a partial workload. the court can address the needs of those de- President Obama was elected. That is a A history of vacant judgeships continues pending on its vital services. to impede the public service of the court to historic low. In that the U. S. District Court for the Dis- I don’t wish to turn my comments on the citizens of Colorado and to those outside trict of Colorado has been subject to lengthy of the state who depend on the court for periods of judicial vacancy, I believe it is in these nominations to a partisan affair, timely judicial rulings. For more than three the best interest of the court, and the public but the Senate has not kept up with years, the court has not had a full com- it 2 serves, that the judicial nomination and the pace of past Presidents’ judicial plement of authorized judges. appointment process proceed at a responsible nominees. In March, 2007, Judge Phillip S. Figa un- pace designed to yield qualified judges with- In fact, last year the Senate con- derwent medical treatment necessitating ex- in a reasonable period of time. Reasonable- firmed the fewest judges in 50 years—50 tended periods of absence from the court. ness to me means that the two of you agree, years. Following nine months of intermittent serv- without further delay, to set a date certain Bill Martinez, the man whom I spoke ice, Judge Figa, unfortunately, passed away for a vote on Mr. Martinez’s pending nomina- of when I began my remarks, was nom- on January 5, 2008. During the time of Judge tion. inated in February of this year, had a Figa’s illness, the majority of his caseload As the work of the court continues to responsibilities were covered by other grow, the court needs judicial officer re- hearing in March, and was referred fa- judges. Following his untimely death, his sources sufficient to conduct the business of vorably by the Judiciary Committee in cases were permanently reassigned to other the court in a timely and efficient manner. April. Today, his nomination has been judges resulting in an average ten percent The overall integrity of the federal judicial sitting on the Senate Executive Cal- increase in per judge workload, and the num- process can best be maintained by having a endar—on that calendar—for 105 days. ber of active judges went from seven full- sufficient number of judges to address the Here is the question: Can we set aside time active judges down to six full-time ac- disputes of our citizenry without unneces- our partisanship and support the peo- tive judges. sary delay or expense. ple who need our system of justice and Shortly thereafter on March 31, 2008, Judge In closing, I appreciate your consideration Walker D. Miller elected to take senior sta- of my viewpoint as to the judgeships ur- those who work in our system of jus- tus, and on April 4, 2008, Judge Lewis T. Bab- gently needed by the court. Until the two ju- tice? The people of Colorado want us to cock took senior status. As senior judges, dicial vacancies are filled, it is impossible vote on Bill Martinez and help us re- each exercised their discretion to assume re- for the court to possess the judicial reduce the workload on the Federal Dis- duced caseloads. With the unfortunate death sources that are necessary to effectively district Court of Colorado. of Judge Figa, and the taking of senior sta- charge the business of the court. Scheduling Senator BENNET has joined me, and I tus by two active judges, the number of full- a vote on Mr. Martinez’s nomination is the know he is going to speak in a few min- time active judges was reduced to four full- next critical step in this important process. utes. time active judges, a judge vacancy rate of I await your response to this letter including Last year, we convened a bipartisan 42.8%. your indication of the date on which the In July, 2008, the Judicial Conference of advisory committee so that we could Senate will vote on Mr. Martinez. have the best candidates put forward. the United States conducted a scheduled bi- Sincerely, ennial judgeship need survey. The survey re- WILEY Y. DANIEL, It was ably chaired by Denver lawyer views the caseloads of all district courts Chief Judge. Hal Haddon, a well-known figure, and throughout the nation applying a workload Mr. UDALL of Colorado. Judicial former Colorado Supreme Court Jus- formula to determine the need for additional tice Rebecca Kourlis. The committee judges. The survey indicated, and the Judi- understaffing in Colorado and in the home State of the Presiding Officer interviewed numerous candidates, and cial Conference subsequently approved, the based on his life experience, his record need for an eighth authorized Article III and all the Senators has a real effect of legal service, and his impressive judge for the District of Colorado. At the on residents and businesses. As the abilities, we both recommended, on the time of the survey, the court was attempting caseload increases for each judge, more advice of the committee, Bill Martinez to address a workload requiring eight judges and more time must be devoted to for a Federal judgeship. with only four full-time active judges. criminal cases. That is because the In October, 2008, two of the three vacant I know I was very impressed with judgeships were filled with the appointments Constitution guarantees a speedy trial. Bill. In addition to being an accom- of Judge Philip A. Brimmer and Judge Chris- But as time and energy shifts to the plished attorney and a true role model tine M. Arguello. As a result, the court’s criminal docket, the civil docket in in his community, Bill has a personal judgeship vacancy numbers were reduced turn suffers. It continues to become in- story which captures what is great from three to one. The court was now staffed creasingly difficult to schedule a trial with six full-time active judges; however, the about America and highlights what can as these backups grow longer and be accomplished when you have focus, overall workload numbers continued to jus- longer. tify a need for eight judges. discipline, and you work hard. On October 29, 2008, Judge Edward W. Not- This increased caseload I am ref- Bill was born in Mexico City and law- tingham elected to resign from the court. erencing also has a huge impact on our fully immigrated to the United States The court was again down by two judges, rural and tribal communities around as a child. He worked his way through with five full-time active judges and two va- the State as well. Our Federal District school and college and toward a career cancies. Over 200 civil and criminal cases for- judges are all located in Denver, but in the law. He received undergraduate merly assigned to Judge Nottingham were they often have to travel to other parts degrees in environmental engineering reassigned drastically increasing per judge of the State for hearings or trials. The and political science from the Univer- caseload assignments. From that date to the geography in Colorado makes travel a present, the vacancies have contributed to a sity of Illinois and earned a law degree growing case backlog within the court. little more complicated than in some from the University of Chicago. As a Before leaving his senatorial office, Sec- other States. We have a big State with lawyer, he is an expert in employment retary of Interior Ken Salazar worked with a the Rocky Mountains running right and civil rights law. He currently prac- local committee of legal experts to identify through the middle of our State, and I tices in those areas. He previously possible nominees for the vacant two judge- can tell you from my own experience served as the regional attorney for the ships. In a January 16, 2009 press release it getting around the mountainous areas U.S. Equal Opportunity Commission in was reported that then Senator Salazar was of Colorado during the snowy winter asking Senator Mark Udall and Senator-Des- Denver. ignee Michael Bennet to continue to urge the months is not easy. As a result, all I believe—as we all do, I think—in early appointment of qualified judicial can- over the State, residents on the West- strong, well-balanced courts that serve didates to fill the two vacant positions. In a ern Slope and down in the valleys, my the needs of our citizens. Bill Martinez reported letter to Senator Udall and Mr. tribal constituents, they have a more brings that sense of balance because of Bennet, Senator Salazar wrote ‘‘Over the difficult time accessing the Federal ju- his broad legal background, profes- last thirty years, the U. S. District Court has dicial system—as plaintiffs, defend- sionalism, and outstanding intellect. I often been plagued with vacancies that have ants, even as witnesses. am pleased to have been able to rec- prevented the court from functioning at its As pressing as this situation is in ommend Bill, and I am certain that full capacity.’’ Though the court has the continued assist- Colorado, I know it is not unique. Of once he is confirmed, he will make an ance of well qualified senior judges, and has the nearly 100 current judicial vacan- outstanding judge. also been relying on visiting judges from cies, 42 are considered judicial emer- I was going to ask for unanimous other courts to assist with heavy workloads, gencies—almost half. I understand our consent that we move to consider Mr.

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.007 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6478 CONGRESSIONAL RECORD — SENATE July 29, 2010 Martinez’s nomination. I am going to standing nominees who have cleared firmed, which is not fair to my State or hold back on that request for the time the Judiciary Committee easily. For many of the States you will hear from being, but I want those who watch the the nominees, careers and families are today. Chamber to know that a group of us being put on hold. If a nominee is un- This nomination is important to our who are going to speak to this backlog qualified or unfit for office, then let’s district. Our district’s caseload has in- are going to ask, at the appropriate have those concerns registered for pub- creased significantly in recent years. time, for that to be considered. lic consumption. In fact, as of June 2008, our district had Whatever happens today in these Like far too many Coloradans, I am the second highest number of case fil- unanimous consent requests—and I so frustrated with our broken politics. ings per judgeship in the entire coun- would hope they would be granted—I Instead of making sure qualified can- try—the second highest in 2008 in the am not going to give up. I am going to didates are confirmed to key govern- entire country. Yet, if she is not con- continue to work with people on both ment posts, the Senate has secret holds firmed after coming through our com- sides of the aisle, as well as any Sen- and stall tactics. It is painful to watch, mittee unanimously, we will be down a ator who might have reason to block and it is painful to the American peo- judge even though we have this high Bill Martinez’s nomination, to find a ple to live through. caseload. Even as of December 2009, we reasonable solution so we can fully Bill Martinez, for one, has earned were still in the top 10 most overloaded stock our courts and we can deliver better treatment through a lifetime of districts in the country. From 2008 to justice and services to our citizens, professional achievement. He has a 2009, the district saw a 54-percent jump who deserve courts that are up and stellar reputation and credentials in in the number of civil cases filed. That running fully. Denver and possesses rare intangibles is over 5,000 civil cases currently pend- I yield the floor. too. His career spans the legal profes- ing and only 6 judges on a full-time The PRESIDING OFFICER. The Sen- sion and represents a true immigrant status to deal with these cases, not to ator from Colorado. success story on which this country is mention the docket of criminal cases Mr. BENNET. Madam President, I founded. Bill was the first in his family on top of that. The district needs Judge also rise today in support of Bill Mar- to attend college. His experience is an Nelson to be confirmed quickly. Delay tinez’s nomination to serve on the Fed- inspiration to all Coloradans. is not an option. eral district court in Colorado. Is there any reason this attorney Before I talk about that, I wish to with an expertise in employment law It is worth noting that by this time take a moment to address this small and civil rights, coupled with years of in President Bush’s administration, we business bill that is before the Senate courtroom experience, should not re- had confirmed 61 judicial nominees. By because people are watching this in my ceive an up-or-down vote? I, for one, contrast, we have only confirmed 36 of State, and they are saying to them- would like to know, as would the peo- President Obama’s. selves: We have spent 18 months with ple of Colorado. I ask my colleagues to When a vacancy arose on the Federal credit frozen—longer than that for end the delay of consideration of Bill district court in Minnesota, I convened small businesses—and Washington can- Martinez. Let’s have an up-or-down a judicial selection committee to con- not seem to do anything for us. vote on Bill Martinez and then move sider mainly highly qualified can- Today is the day Washington could forward and go through other remain- didates. From this fine pool of appli- do something for small businesses in ing nominees being needlessly upheld. cants, I recommended Susan Richard my State and across the country. And HEALTHY, HUNGER-FREE KIDS ACT Nelson to the President. President it is not a case of Democrat against Re- With the indulgence of my colleague Obama formally nominated her for this publican; this feels to me like a case of from Minnesota, I wanted to mention position, and I appreciate the work of Washington politics against the rest of one last thing. While I am here, I would Senator LEAHY and Senator SESSIONS, the country. So I lend my voice to the also like to call attention to another who is also here, in making sure she Senator from Florida and say that I priority that languishes as the Senate had a speedy nomination hearing. How- hope the leadership can get it together. wastes time wrangling over nominees ever—this is a familiar story for sev- I wish to add my push today for the and partisan politics: the Healthy, eral nominees—after Susan Richard unanimous consent request of the sen- Hunger-Free Kids Act, a fully paid for, Nelson received a unanimous vote in ior Senator from Colorado to consider bipartisan bill that unanimously the committee, her nomination stalled this nomination of Bill Martinez. We passed out of committee last March. on the Senate floor. need him confirmed so he can begin This bill will make a tangible dif- There is no reason to hold up this serving our State. ference in the lives of millions of chil- Bill appeared before the Judiciary nomination. Susan Richard Nelson is dren. exactly the kind of person you would Committee in March, where I had the It is high time the Senate begin privilege of introducing him. His nomi- like to see sitting in a judge’s seat. She doing the people’s business again. has been a magistrate judge for the nation passed the committee with I yield the floor. District of Minnesota for the last 8 votes to spare in April. The Martinez The PRESIDING OFFICER. The Sen- years, where she has earned the respect nomination, like so many others, has ator from Minnesota. gotten stuck because of the obstruc- Ms. KLOBUCHAR. Madam President, of litigants, lawyers, and judicial col- tionist tactics of a few. I rise today to address the need to leagues alike. She has the judicial tem- So this man with a breadth of public move quickly and to confirm several perament, personal integrity, and keen and private sector legal experience qualified judicial nominees—I would legal mind that are absolute pre- that makes him more than qualified to say many qualified judicial nominees. requisites for this job. Throughout her serve on the Federal bench is being You are going to hear about a number tenure, she has gained a reputation as held up month after month. of them today. I am going to talk spe- a fair but stern magistrate judge, one Like my senior Senator, I am frus- cifically about the highly qualified who is thorough and prepared. She has trated with the secret delays in this nominee for the District of Minnesota been described as a judge ‘‘who favors body. The purposeless shelving of who was unanimously voted out of our neither plaintiff nor defendant, who lis- nominations such as this one and even Judiciary Committee more than a tens carefully to both sides of every of important legislation affects real month ago. matter she hears, and who can be relied lives and poisons the atmosphere in the Our failure to confirm Susan Richard upon to give articulate, well-reasoned Senate. Nelson quickly has consequences for explanations for her decisions.’’ The There are 99 vacancies in the Federal my State. The judge she has been nom- ABA Standing Committee on the Fed- court right now. To date, the President inated to replace took senior status as eral Judiciary unanimously gave Judge has nominated 39 individuals to fill of last October and is stepping down Nelson their highest rating. these vacancies. For the sake of judi- from the Federal bench altogether in a I believe she will make a fine Federal cial efficiency and ensuring fair access couple of weeks. That means a smaller judge, and that is why I rise to speak for all of our people to our courts, I number of judges will be doing the today. But this is not just a Minnesota think it is time to move ahead on out- same heavy workload until she is con- issue; this is a national issue. As a

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.029 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6479 former prosecutor, I know what hap- Wisconsin to choose federal judges and consin. He understands the difference pens when you have an overloaded judi- U.S. attorneys ensures excellence. The between following precedent and mak- ciary, when you do not have the play- Wisconsin Federal Nominating Com- ing precedent. Handling criminal trials ers in place, either the prosecutor, the mission has been used to select Federal is probably the biggest job of a Federal public defender, or the judges. When judges and U.S. attorneys in Wisconsin trial judge, and Justice Butler has a you do not have judges available to for 30 years, through Republican and great deal of criminal experience both hear cases, judges whose time is spread Democratic administrations and the as a judge and as a public defender in too thin, cases do not get heard, vic- tenure of Senators from both parties. his early days as a practicing lawyer. tims do not get justice, and litigants Through a great deal of cooperation He is well versed in Wisconsin law, do not get their problems solved. In and careful consideration, and by keep- which as we know is often applied in other words, it slows down the wheels ing politics to a minimum, we always diversity jurisdiction cases in the Fed- of justice when you do not have the find highly qualified candidates like eral courts. people in place to actually hear the Justice Butler. Justice Butler is widely admired for cases. I along with Senator FEINGOLD are his intellect and his judicial tempera- It is my hope again that we can end confident that the people of Wisconsin ment. In 1997, Milwaukee Magazine this waiting game and confirm these will be enormously proud of him and named him the top municipal judge in nominees. I truly appreciate the bipar- that he will serve them well. the city. He has been a law professor. tisanship work on our committee to So, it is clear that this upstanding In short, he has a depth of experience get these judges through to the floor. and well-qualified nominee should be that is unusual for a nominee to the But now is the time to get the work promptly considered by the Senate. district court. done. Justice Butler has been pending for far Justice Butler has been a trailblazer I know we will be asking for unani- too long and a vote on his confirmation in our State. As I mentioned, he was mous consent for a group of the judges is overdue. Someone like this deserves the first African American to serve on whom we are addressing. I know Susan an up or down vote. I understand that the Wisconsin Supreme Court, and he Richard Nelson’s name will be included some of my colleagues may oppose his would be the first African American to at that time. nomination, and I accept that, but let be a judge on the Western District. He I yield the floor. us take an up or down vote as soon as is a man of great distinction and The PRESIDING OFFICER. The Sen- possible. achievement. ator from Wisconsin. Mr. FEINGOLD. Madam President, I Justice Butler is a thoughtful and Mr. KOHL. Madam President, I rise am pleased to support the efforts of my conscientious judge. I know I will not to today in support of Louis Butler’s colleagues to call attention to the re- agree with every decision he makes, nomination to be District Court Judge fusal of Republicans in the Senate to just as I do not necessarily agree with for the Western District of Wisconsin. allow confirmation votes on judicial everything he has said or done thus far. Justice Butler is an accomplished law- nominees. We have all heard the num- But I know he will be conscious of the yer whose career has been distin- bers only 9 circuit and 27 district judicial role, and that he will make his guished across the board as an advo- judges confirmed so far in this Con- decisions based on the facts and the cate, trial court judge, Wisconsin Su- law and do his very best to carry out preme Court justice, and professor. He gress, 7 circuit and 14 district judges now awaiting floor action, with 15 of his responsibilities with dignity and is supported throughout Wisconsin and care, as he has done throughout his ca- I am confident that he will be an excel- those nominees having been reported by the Judiciary Committee before the reer. lent Federal judge. Now I understand that Justice But- end of May. This is an inexcusable For 30 years, Justice Butler has dedi- ler’s nomination is opposed by some blockade of justice in America for cated himself to public service. He Members of the Senate and a number of began his career fighting for the rights wholly political reasons, and it needs outside organizations. The Republicans of indigent defendants as a public de- to stop. on the Judiciary Committee voted I am pleased also to join the senior fender. He was the first public defender against the nomination. They have Senator from my State, Mr. KOHL, in in Wisconsin history to argue a case every right to do so, and I respect their specifically seeking consent to debate before the U.S. Supreme Court. positions. I believe the arguments and vote on Justice Louis Butler’s As a trial court judge, he earned a against him are misguided and unfair. nomination to be a U.S. District Judge reputation for being a tough but fair But I am prepared to have that debate jurist and was recognized as a top Mil- for the Western District of Wisconsin. on the Senate floor and live with the waukee judge. For more than 10 years, Justice Butler, who was the first Afri- result, if only the Republicans will Justice Butler has shared his expertise can American to serve on Wisconsin’s allow the debate to take place. and knowledge by training judges as a Supreme Court, was first reported by It is time for the delay of Justice faculty member of the National Judi- the Judiciary Committee on December Butler’s nomination and the other cial College. 3, 2009. He has essentially been waiting nominations that have been pending Justice Butler served with distinc- for the full Senate to take up his nomi- for months to end. Let’s have a debate tion on the Wisconsin Supreme Court nation for more than 7 months. and a vote. I thank Mr. KOHL and my for 4 years. There, he participated in Justice Butler is the product of a sys- other colleagues for shining a spotlight hundreds of cases, many of, which were tem for picking Federal judges and on this issue, and I hope we can look decided by a unanimous or near-unani- U.S. attorneys in our State that has forward to debating and voting on the mous court. During his 4 years on the been used since the late 1970s. A nomi- pending judicial nominations soon. bench, he proved himself to be a hard- nating commission interviews and con- Such delay, particularly for a district working, thoughtful and consensus siders applicants and presents a slate court nominee, is unprecedented. I urge building jurist. of candidates to the Senators. We then my colleagues to consider Justice But- Throughout his career, Justice But- send our recommendations to the ler’s nomination forthwith. ler has been a judge who upholds the President drawn solely from the com- I yield the floor. rule of law in an impartial and deeply mission-approved slate. This process The PRESIDING OFFICER. The Sen- respectful manner. He possesses all the has yielded highly qualified nominees ator from Rhode Island. best qualities that we look for in a under both Republican and Democratic Mr. WHITEHOUSE. Mr. President, I judge: intelligence, diligence, humility, presidents, and the nominees have had rise to join Rhode Island’s senior Sen- and integrity. In addition to Justice the support of both Republican and ator JACK REED and other colleagues to Butler’s impressive legal background Democratic Senators. call attention to the recurring Repub- and solid record as a judge, he is a fine Justice Butler clearly has the experi- lican roadblock of qualified nominees man. He is deeply committed to his ence and the qualifications needed to to circuit and district courts. On the family, to his community, and to pub- serve with distinction as a U.S. Dis- circuit courts, I spoke some time ago lic service. trict Court judge. First, he has experi- about Albert Diaz and James Wynn to Justice Butler’s nomination proves ence as a judge on both the trial court sit on the fourth circuit in North Caro- once again that the process we use in and appellate court levels in Wis- lina. I know the Presiding Officer has a

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.030 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6480 CONGRESSIONAL RECORD — SENATE July 29, 2010 keen interest in those two. These two nity. Political figures from across our President Reagan’s first term, 88 Cir- were reported out of the Judiciary political spectrum have called for his cuit and District Court nominees were Committee on January 28, 2010, 6 confirmation, one of them being my confirmed. At the end of the first Con- months ago yesterday. Albert Diaz was predecessor as Rhode Island attorney gress during President George H.W. voted out 19 to 0. James Wynn was general, Republican Jeffrey Pine. The Bush’s term, 72 Circuit and District voted out 18 to 1. That means a com- Providence Journal, our hometown Court nominees were confirmed. At the bined score of 37 to 1 for these two can- paper, has endorsed his nomination by end of the first Congress under Presi- didates whom the two Senators from saying that Jack McConnell, in his dent Clinton, 126 Circuit and District North Carolina had agreed on, a Repub- legal work and community leadership, Court nominees were confirmed. At the lican Senator and a Democratic Sen- has shown that he has the legal intel- end of the first Congress during Presi- ator. I came to the floor 3 months ago, ligence, character, compassion, and dent George W. Bush’s first term, 100 given that background, on April 20 to independence to be a distinguished ju- Circuit and District Court nominees ask unanimous consent for their con- rist. were confirmed. As of now, if nothing firmation. Senator KYL, who voted for Notwithstanding the support of Sen- else is done, President Obama, at the both of these nominees in committee, ator REED and myself, the two Sen- end of this Congress, will have only 36 objected on behalf of his colleagues. ators from Rhode Island, notwith- Circuit and District Court nominees That is the environment we are in. standing that this is a district court confirmed by the Senate, in contrast to Unfortunately, that environment has nomination, notwithstanding the pow- 88 for President Reagan, 72 for Presi- filtered down to district judges. Con- erful support across Rhode Island from dent George H.W. Bush, 126 for Presi- sider the four district court nominees those who know Jack McConnell best, dent Clinton, and 100 for George W. currently on the Executive Calendar, special interests from outside the State Bush. voted out of committee by a party-line have interfered in his nomination. The Something is going on here. What is vote, who are ahead of our Rhode Is- U.S. Chamber of Commerce, not the going on is a deliberate attempt by the land nominee and who have to be Rhode Island chapter, the U.S. Cham- minority to frustrate the traditions cleared before we get to our Rhode Is- ber of Commerce has attacked Jack for and precedents of the Senate where, as land judge. Lewis Butler is a former having the temerity to stand up to big Senator WHITEHOUSE suggested, there Wisconsin Supreme Court justice. Ed business, to the asbestos industry, to is a long-held view that Senators have Chen and Benita Pearson are long-serv- the lead paint industry, to the tobacco more insight into the skills, ability, ing and well-respected Federal mag- industry, and to have devoted his ca- and integrity of nominees from the istrate judges in San Francisco and reer to representing the rights of the Senators’ home State than national Akron, OH. Bill Martinez is a well- powerless. In doing so, the U.S. Cham- special interest groups, whose major known and well-respected attorney in ber has created a cartoon image of goal seems to be the generation of con- Colorado. Each nominee had the full Jack McConnell that bears no relation troversy for the purposes of contribu- support of both of their home State to the man Senator REED and I know tions. Senators. Each nominee would bring as a great lawyer, as a great Rhode Is- We in Rhode Island have an extraor- proper expertise, judicial tempera- lander, and somebody who will be a dinarily competent and capable indi- ment, and great diversity to the bench. great judge. Each nominee would be confirmed, if I ask my colleagues—I see the distin- vidual. As Senator WHITEHOUSE indi- we could simply get them voted on by guished ranking member of the Judici- cated, Jack McConnell is an accom- the Senate. The way these nominees ary Committee here on the floor with plished attorney. He is a plaintiff’s have been treated stands in stark con- us today, the distinguished Senator lawyer. He takes cases of individual trast to the way district court nomi- from Alabama—do we want to let pow- Americans, who have been harmed, and nees were treated in the Bush adminis- erful out-of-State interests trump the he fights the good fight for them. He tration. In 8 years, only one district better informed views of home State has been very successful doing it. He court nominee during the Bush admin- Senators about district court nomi- has received the bipartisan support of istration was reported by the Judiciary nees? That is not the tradition of this members of the bar, judges of both po- Committee on a party-line vote. That body. I again ask my colleagues: Is this litical parties, and the Providence nominee got a vote and was confirmed the tradition they want to set? If they Journal, our major Statewide news- on this floor 51 to 46. open the door to out-of-State special paper, which has a reputation of being Why is it that nominees of President interests trumping the considered judg- very sensitive to the legitimate con- Obama are being held to a different, ment of home State Senators on dis- cerns and needs of our business com- new standard than applied to the nomi- trict court nominees, will they ever get munity. He is supported because he is nees of President Bush? Why have we that door closed again? I submit it is a an outstanding attorney and because departed from the longstanding tradi- mistake for this body to go that road. he is an outstanding individual. He is tion of respect to the views of home I urge colleagues on the other side to someone who knows the law and knows State Senators who know the nominees reconsider what I think is a terrible the court. I am always kind of inter- best and who best understand their mistake, which is to allow out-of-State ested when someone who has spent a home districts? Is disregard for the special interests to prevail over the long time as a corporate counsel for a views of home State Senators the considered judgment of home State big corporation is suddenly—and in standard Republicans want to live by Senators when they agree on the best most cases—very quickly confirmed as during the next Republican Presi- qualified nominee for district court in a District Court Judge, even though dency? Is that the new precedent we their home State. that individual may or may not have wish to set here in the Senate? I ask I yield the floor. had a lot of experience in a trial court. this because we have a highly qualified The PRESIDING OFFICER (Mr. Here, we have an individual who actu- nominee in Rhode Island, Jack McCon- BURRIS). The Senator from Rhode Is- ally has spent his life in trial court, nell, who was reported by the Judiciary land. both Federal and State courts. Committee on June 17. It was a bipar- Mr. REED. Mr. President, I join my Jack McConnell is a fair and good tisan vote, 13 to 6, with the support of colleague from Rhode Island who, with man, and he understands that a judge Senator LINDSEY GRAHAM. Jack eloquence and passion, has clearly must hear the facts, apply the law, and McConnell is a pillar of the legal com- highlighted a disturbing phenomenon indicate clearly to all plaintiffs and de- munity in Rhode Island. He is a pillar taking place in this Chamber. Well- fendants who come before the court of the community generally in Rhode qualified individuals who have received that there is no bias and that the case Island, serving with great generosity the support of the Judiciary Com- will be decided fairly on the merits and distinction on numerous boards mittee—in many cases, unanimous sup- within the bounds of the law. That is that help communities in Rhode Island. port—are being denied a final con- something all of my colleagues in The Providence Chamber of Commerce firmation vote by the full Chamber. Rhode Island, Republicans and Demo- has praised Jack McConnell as a well- This is a break from our history. At crats alike, recognize that Jack respected member of the local commu- the end of the first Congress, during McConnell will do.

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.032 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6481 There is something else about this to the Supreme Court of the United could not get consent to bring up her individual. He is an extraordinarily de- States and that will get a lot of atten- nomination almost 5 months after the cent person. That counts for something tion and rightly so. It should get a lot committee acted on her nomination. too. There is no one in our State who is of attention. What happened with the cloture mo- more generous, not only with his Let me point out the facts. The Su- tion? It was approved 99 to 0 on the money, but with his time. There is no preme Court will issue less than 100 floor of the Senate, and she was ulti- one in our State who is more com- opinions in a given year; whereas, our mately approved as an appellate court mitted to helping people, not to gain circuit courts of appeals will issue judge by a 99-to-0 vote. notoriety, but because it is the right many more opinions that will have a My point is simple: These were dila- thing to do. Those qualities are impor- direct impact on the lives of the people tory actions in order to slow down the tant. Ultimately, I believe one of the of this Nation. Most Americans who process of the confirmation of judges major criteria that should be met by a have contact with a court are going to which my friends on the Republican Judge is that when someone goes behave contact with the district court side have used. That is why we had fore the court, whether it is a big cor- and the circuit court, where the cases these huge numbers. As my colleague poration or a person who has been are heard, where the juries are con- from Rhode Island pointed out, the harmed, they know they will be treated vened in trials. So there is a great in- numbers tell the facts. There were fairly. Frankly, Jack McConnell passed terest in making sure we have con- twice as many judges confirmed by this that test with flying colors. As Senator firmed judges for our intermediate ap- time when a Republican controlled the White House than there are today. In WHITEHOUSE pointed out, he passed the pellate courts and our district courts. Judiciary Committee on a bipartisan Here is the problem. The vacancies in other words, we are working at less than one-half the pace than when the vote. I thank Senator LINDSEY these judgeships today are about 11 tables were turned. That is wrong. GRAHAM, who has used his experience percent of the court. More than 1 out of My friend from Rhode Island, Sen- as a lawyer fighting for individuals as every 10 judicial spots is vacant cur- ator WHITEHOUSE, talked about two va- well as corporations. He was able to rently in the United States. My col- cancies we want to fill in the Fourth recognize these talents, these skills, leagues have told you about the backlog. So let me try to put it in, I hope, Circuit. The Fourth Circuit includes and these qualities in Jack McConnell the State of Maryland. The two vacan- and support him. I appreciate that. But terms that those listening to this debate will understand as to why we are cies we want to fill are the North Caro- we are here now in a situation where linian spots, in which the two Sen- not only Jack McConnell, but 21 other so frustrated by the obstructionist tactics being taken by our Republican col- ators—one a Democrat, one a Repub- nominees are pending. We have to do lican—have recommended their con- leagues. more. We have to get them to a vote firmation: James Wynn and Albert here in the Senate, and I will insist Most nominees for judicial vacancies, once they have cleared the Judiciary Diaz. upon that vote as best I can. Well, we held that confirmation hear- Committee, are brought forward under Again, the numbers don’t lie. They ing—and I chaired that also—in Decem- unanimous consent; that is, if they suggest there is something going on ber of last year. The committee re- have the support of their home State here, something that was not at work ported them out in January of 2010. In Senators, if there has not been con- during the Reagan administration, the Mr. Wynn’s case, the vote was 18 to 1; troversy in their nomination, if the Ju- George H.W. Bush administration, the and in Mr. Diaz’s case, it was 19 to 0. diciary Committee has approved them Clinton administration, and the George Both of these judicial candidates were W. Bush administration, regardless of by a bipartisan vote, they will come to considered ‘‘well qualified’’—the high- which party was in the majority or the the floor of the Senate by unanimous est rating by the American Bar Asso- minority. Particularly, when it came consent and will be handled that way. ciation—and they would add greatly to Well, we are not able to do that be- to District Court Judges, if they had the diversity on the Fourth Circuit, a cause Republican Senators are object- cleared the Judiciary Committee, if circuit that is not known for its diver- ing to that process. So we go to the they had the support of the two Sen- sity. James Wynn would be the third next level. We say: OK, if we need to ators from the home State, there would African American to serve on the be at least an opportunity, an obliga- have debate on the floor, how much de- Fourth Circuit and Albert Diaz would tion, to bring their nomination to a bate time do you need—1 hour, 2 hours, be the first Latino. vote and let the Senate, as a whole, de- 4 hours? Well, we cannot get consent to It is time—well past time—for these cide. the number of hours in order to debate nominees to be confirmed by the Sen- I urge that we return to what has the nominee and then vote on the ate. I do not think anyone doubts, once been a dependable practice, one the nominee in an up-or-down vote. The this issue is taken up, both these indi- Senate has embraced for good reasons, majority leader said we could have viduals will be confirmed. Look at the that we let these gentlemen and ladies that time, but they will not allow us to votes in committee. come to the floor for a vote, and that bring the nomination to the floor. For noncontroversial judicial nomi- we vote. So then the only course the majority nations, it has taken, on average, 2 That is all we ask. I think if that is leader has will be to file a cloture mo- months, after the Judiciary Committee agreed to, it will provide for not only tion. A cloture motion takes several has acted, for a district court nominee the disposition of these nominations, days, and we have 100 vacancies on our to be considered by the full Senate; and but it will continue a tradition of district and appellate courts. Obvi- over 4 months for a circuit court of ap- thoughtful, appropriate practice by ously, we do not have enough time. peals nominee. That is not doing the this Senate. So let me give you an example on the work the Senate should do. There have With that, I yield the floor. Fourth Circuit: Judge Barbara Keenan. been dilatory actions in order to slow The PRESIDING OFFICER. The Sen- I chaired her confirmation hearing. I down the process, and that is not what ator from Maryland is recognized. chaired that confirmation hearing on we should be doing as Members of the Mr. CARDIN. Mr. President, I join October 3 of last year. The Judiciary Senate. my colleagues who are expressing our Committee reported her out by a voice So I urge my colleagues, as my frustration on the inability of the Sen- vote on October 29. That was October 29 friends who have taken the floor today ate to take up for confirmation judges of last year. It took us until March of have done, let’s get on with the process who have been approved by the Judici- this year to be able to get her nomina- of confirming these noncontroversial ary Committee. You have heard our tion to the floor, and then it was not judicial nominees. Let’s give the people colleagues from Colorado, Minnesota by unanimous consent. It was not by a what they deserve; that is, a full com- and Rhode Island and there are many consent as to the amount of time nec- plement of their judges. We should do others who have come down and given essary to consider this nominee on the better than we have done in the past. I similar circumstances about their floor and then a vote afterwards. It urge us to put aside our partisan dif- judges being held up from a final vote. came to the floor through a cloture ferences. This is not a tactic that I know next week we will be consid- motion the majority leader had to should be used. It is time we move for- ering the nomination of Elena Kagan file—a cloture motion—because we ward on the confirmation process.

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.033 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6482 CONGRESSIONAL RECORD — SENATE July 29, 2010 With that, I yield the floor. sions. They should not be judges. We many cases, the justice that is needed. The PRESIDING OFFICER. The Sen- need judges who can make a decision I do not recall who it was who said—I ator from Delaware is recognized. and often the right decision. want to say it was William Gladstone, Mr. CARPER. Mr. President, I thank That is sort of the criteria I used in a former British Prime Minister, who the Senator from Colorado, Mr. UDALL, my last job, and it is the criteria I have once said: Justice delayed is justice de- and his staff for arranging this oppor- used in my current position as I have nied. My fear is, if we find ourselves, tunity for us to speak on what is a far suggested people—now twice—to this next week, with two judges—with two more important issue than I would President to consider for filling vacan- judges—in our district court, justice have imagined, oh, 20 years ago. cies on the U.S. district court in my will be delayed and justice will be de- Before I came to the Senate, in 2001, State. nied. I was privileged to serve as Governor of We have four district court judges in Not everybody in this Chamber has a my State for 8 years. I ran for that po- our State at most times; we have that real understanding of who Len Stark is sition in 1992, and my opponent was a many judgeships. For several years, we and what kind of person he is. I wish to very good man named B. Gary Scott. have been down to three. As of tomor- take a few minutes to sort of introduce During the course of our campaign for row, we will be down to two, with the him to those who do not know him. the Governorship of Delaware, we had retirement of Judge Joe Farnan, who Len Stark is a fellow University of something like 30 or more joint appear- will step down for his well-earned re- Delaware graduate. Unlike most people ances. All kinds of questions were tirement. who graduate—they maybe get an un- raised by the audience members at But last year, I was pleased to pro- dergraduate degree with one major— those joint appearances, and we would vide to our President the names of when he graduated, in 1991, he earned respond to the questions that were three highly qualified Delawareans for an undergraduate degree in economics raised. him to consider for nomination to the and an undergraduate degree in polit- I do not recall one question in any of U.S. District Court in Delaware. I said ical science and he earned a master’s those joint appearances related to what at the time—and I say here today—the degree in history, all at the same time. kind of criteria we would use to con- talent pool from which I selected those He was an extraordinary student at the sider nominees for the judgeships in three names was the strongest pool I University of Delaware. As a student the State of Delaware. As it turns out, have seen in my 8 years as Governor there he received a full scholarship as some of the judgeships in Delaware, and during the time I have been here as the Eugene du Pont Memorial Distin- some of the courts in Delaware, have a Senator. At least a half dozen of the guished Scholarship. Following gradua- national importance, national promi- people who applied for that judgeship tion, he was twice honored by his fel- nence—the Court of Chancery, the to be a Federal judge would make us low students and alumni by serving as Delaware State Supreme Court. That all proud. I could only select three and their commencement speaker. was an issue that never came up. I selected three terrific candidates and Immediately upon graduating from When I was fortunate enough to win, submitted those to the administration the University of Delaware, Len Stark in 1993, I ended up, for the next 8 years, last year. was elected a Rhodes Scholar. He stud- actually spending a lot of time think- After careful deliberation, in March ied at Oxford University. He has au- ing about the qualities we should look of this year, the President selected one thored numerous academic and schol- for in the candidates for judgeships I name, and he sent to the Senate the arly publications, including a book on would nominate to all our courts and nomination of U.S. magistrate Len British politics which he wrote—listen ask the Delaware State senate to con- Stark for a seat on the Delaware Dis- to this—in his spare time during his firm. I am grateful to the State they trict Court. studies at Oxford. After Oxford, Len confirmed them all. Following his nomination in March, I then went on to earn his law degree at I came to the Senate in 2001. I ran was honored to introduce Len at his Yale Law School where he served as against a wonderful man, Bill Roth, confirmation hearing before the Senate senior editor of the Yale Law Journal. who had been our Senator for a long Judiciary Committee in April. Iron- Len launched his legal career as a time. During our campaign, no one ically, the hearing was chaired by com- clerk for one of the most distinguished ever raised with us, to my recollection: mittee member Ted Kaufman from judges to come out of Delaware in the What kind of qualities would you look Delaware. Judge Stark was well re- last century—Walter Stapleton—on the for if you were in a position, as senior ceived by the committee at that hear- Third Circuit Court of Appeals, and Senator, to recommend judges to the ing and was unanimously approved by after that he practiced as a corporate President of the United States for our the committee in May of this year. litigator for the law firm of Skadden courts, either for our district court or So far so good. But since that time, Arps. for the Third Circuit Court in which we for the last almost 3 months now, that Len began his public service as an as- are a part? nomination has basically been held up. sistant U.S. attorney for Delaware, But I had thought for years about the We have not had an opportunity to de- where from 2002 until 2007 he handled a qualities I would look for, and the bate it. We have not had an oppor- wide variety of Federal, criminal, and qualities look something like this: I tunity to vote on it, through no fault civil matters. Currently, Len Stark concluded that my job in nominating of Judge Stark. serves the U.S. District Court of Dela- people as Governor and in recom- I think the lack of a U.S. district ware as a magistrate judge. In this po- mending people to this President or court judge in almost any State, large sition he has already done much of the other Presidents is that we ought to or small, is a problem. When you hap- same work as a district court judge. look for somebody who is bright, pen to have a court with four judge- His docket consists of civil cases that smart, who knows the law, somebody ships, and you are down to three, the are referred to him by the three active who also embraces what I call the workload does not go away. The work- district court judges—at least three ac- Golden Rule, treats other people the load is the same. The judges have to tive as of today, not after tomorrow. way he or she wants to be treated; that work harder. That is fine for a while. On these referral cases, a great many when they come before the court, the We go out and we literally borrow dis- of which are patent infringement ac- judge will treat all sides the same; that trict court judges from other States to tions, Judge Stark handles all types of they will not go into a hearing or a come in and sit with our court in Dela- pretrial matters, and in certain cases proceeding having made up their mind; ware to try to deal with the workload. even presides at trial, just as he would that they will show no favoritism to ei- That works for a while, but it is sort of if he were confirmed as our new dis- ther side. robbing Peter to pay Paul. They have trict court judge. I think it is important to nominate work to do in their own States in their If I were half as accomplished as Len folks who have a strong work ethic and own courts. Stark is and half as smart as he is, my who will work hard to find the right When you go from three to two, and colleagues wouldn’t want to be in the decision, that they will have the abil- you have two judges trying to do the same room with me. But Len Stark is ity to make a decision. Sometimes work of four, it does not work. It is not as humble a person as I know. He is a folks have a hard time making deci- fair, and it means we delay, in too dedicated public servant. He has a

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.034 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6483 great family. He is a dedicated hus- Mr. KAUFMAN. Mr. President, I ask clared judicial emergencies. One of band, father, and person of great integ- unanimous consent that the order for these emergencies is located in the dis- rity and character. In every facet of his the quorum call be rescinded. trict of Delaware. life he has performed with distinction, The PRESIDING OFFICER. Without After tomorrow, the district will be earning the highest praise from his col- objection, it is so ordered. operating at half capacity with only leagues and many of the most pres- Mr. KAUFMAN. Mr. President, I rise two out of four district judges con- tigious awards given to legal scholars to echo the comments of my colleagues firmed to the bench. With this concern and public servants. and object to the tactics being used by in mind, I join with my senior Senator, I can sum this up by simply saying the minority in the Congress to block TOM CARPER, and urge my colleagues that Len Stark has the heart of a serv- and delay confirmation votes for Presi- to agree to consider the nomination of ant. He has a big heart. A little State, dent Obama’s judicial nominees. Leonard P. Stark to the district court Delaware, but we have a guy with a I support this body’s—I really do—I of the district of Delaware without heart as big as Texas. Judge Stark’s support this body’s longstanding tradi- delay. position as magistrate on the U.S. dis- tion of respecting the rights of the mi- Judge Stark was nominated on trict court clearly provides him with nority. I think it is one of the most im- March 17 of this year. He received a the skills to be not just an adequate portant characteristics of the Senate. I nominations hearing on April 22, and district court judge, he will be an out- am not one of those who wants to the Judiciary Committee reported him standing district court judge. change the filibuster rule. I think it is out by a unanimous vote on May 14. Len’s legal acumen, his tireless work important that we have a filibuster Ranking Member SESSIONS has called ethic, and his experience as a Federal rule and that political minorities in him ‘‘a fine nominee’’ whom he would magistrate judge, as assistant U.S. at- the Senate are respected and that their support. As of today, no Senator has torney and litigator, have prepared rights are respected. raised any public objection to his nom- him well for this seat on the U.S. dis- However, I think this practice of in- ination. So I am confident that Judge trict court in Delaware. discriminately blocking nominations Stark will be confirmed by an over- I will be honest with you. It is hard serves no legitimate purpose. I don’t whelming margin, perhaps unani- to think of anybody who would be a see the time created by the delay being mously, when he receives a final vote. better candidate, a better choice to used to meet with the nominee, to However, he has remained on the Sen- serve in this position. With that having check the nominee’s credentials, or to ate Executive Calendar for 21⁄2 months been said, we all know there are a review the nominee’s scholarship, now without justification or expla- bunch of good candidates like Len speeches, or written opinion. This is nation. Stark—Maybe not just like Len Stark, delay for delay’s sake. Judge Stark has all the qualities re- but people who are equally qualified Of the 27 district court nominees con- quired to be a successful district judge. who should be serving in vacancies firmed during this Congress, only 1 has Since 2007, he has dutifully served the around the country, and they ought to received a ‘‘no’’ vote so far, and even district of Delaware as a magistrate be confirmed. she was confirmed by a vote of 96 to 1. judge and previously spent 5 years I will close with this, before yielding Not a single member of the minority serving in the district as an assistant to Senator KAUFMAN. I wish to close objected to 26 out of the 27 of these with this: I have just come from a U.S. attorney. In his career, he has es- nominees. Yet someone forced them to Bible study group. We meet every tablished himself as a talented, dedi- wait for weeks or months for an up-or- Thursday for about a half an hour off cated, and humble public servant who down vote. the Senate floor with our Senate Chap- possesses a strong work ethic and the The minority may say this is simply highest integrity and intellect. lain. It is sort of like an adult Sunday the way things are done in the Senate, school class. Democrats, Republicans He also has stellar academic creden- but that demonstrably is not the case. there, people of different faiths. tials. He is a summa cum laude grad- As this chart shows, during the first One of the things Chaplain Barry uate of the University of Delaware, a Black is always reminding us to do is Congress of the Bush administration, Rhodes Scholar, and a graduate of Yale to treat other people the way we want President Bush’s district court nomi- Law School, where he was editor of the to be treated. He urges us to live our nees waited for an average of 25 days to Law Journal. faith. I don’t care what faith we sub- be confirmed after being favorably re- Following law school, he clerked for scribe to, almost every faith, that idea ported out of the Judiciary Committee. Judge Walter K. Stapleton of the U.S. of treating other people the way we This pace was set when Democrats Court of Appeals for the Third Circuit. want to be treated is a fundamental, were in the majority party for most of Through his experiences in private basic tenet. It should be a funda- the 107th Congress and reflects a will- practice, as an assistant U.S. Attorney, mental, basic tenet with the way we ingness to cooperate with President and as a magistrate judge, Leonard behave in the Senate, whether the Bush in a bipartisan manner. Stark has developed the knowledge, In contrast, President Obama’s dis- Democrats are in the majority or the skills, and temperament to be an out- trict court nominees have been pending Republicans are in the majority; standing district court judge. for 74 days, on average, after being fa- whether the President is a Democrat or Therefore, I support the unanimous vorably reported out of committee. the President is a Republican. consent request about to be made by When we have somebody as good as This wait only seems to be getting my colleague from Colorado to move to this man is, Len Stark, and we have longer. Sharon Coleman of the North- the consideration of several well-quali- such a dire need for a district court ern District of Illinois, the only judi- fied judges whose nominations have judge in the district court in Delaware, cial nominee to be confirmed so far been delayed. I know Judge Stark will I would just ask my Republican col- this month, waited almost 3 months to be on that list. leagues to put themselves in our shoes be confirmed 86 to 0. I yield for the Senator from Colo- to see if they can’t find it in their This is unacceptable. These nominees rado. hearts to give us the opportunity to are good men and women who have The PRESIDING OFFICER. The Sen- vote up or down on this nomination. agreed to put their lives on hold and ator from Colorado is recognized. Thank you very much. I am pleased submit to the scrutiny of the Senate in Mr. UDALL of Colorado. Mr. Presi- to yield the floor for my colleague and order to serve our Nation. This body dent, I believe over the last hour and a friend from Delaware. owes more to these nominees for their half the Senate has heard from almost The PRESIDING OFFICER. The Sen- sacrifices than to use them as instru- one-tenth of the body. Nine Senators ator from Delaware. ments of delay and obstruction. As have come to the floor to talk about a Mr. KAUFMAN. Mr. President, I sug- long as the minority continues to stall litany of great nominees for district gest the absence of a quorum. these nominees, then the American court positions all over our country. The PRESIDING OFFICER. The people will be deprived of the fair and The viewers have heard and our col- clerk will call the roll. efficient administration of justice. We leagues have heard the importance of The assistant legislative clerk pro- now have nearly 100 judicial vacancies passing these nominees through the ceeded to call the roll. and more than 40 of them have been de- process so we can deliver justice to our

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.036 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6484 CONGRESSIONAL RECORD — SENATE July 29, 2010 citizens in all the ways that our courts Before the Chair rules, let me indi- Before the Chair entertains the re- operate. In that spirit, therefore, I cate that the Diaz nomination was request, let me indicate that all of the have a series of unanimous consent reported on a 19-to-0 vote. The Wynn above nominees were reported unani- quests that I wish to make at this nomination was reported with a vote of mously or on a voice vote in the Judi- time. 18 to 1. ciary Committee. UNANIMOUS-CONSENT REQUESTS—EXECUTIVE The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there CALENDAR objection? objection? Mr. President, as in executive ses- Mr. SESSIONS. I do object. Mr. SESSIONS. I object. sion, I ask unanimous consent that at The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Objec- a time to be determined by the major- tion is heard. tion is heard. ity leader, following consultation with Mr. UDALL of Colorado. Mr. Presi- Mr. UDALL of Colorado. Mr. Presi- the Republican leader, the Senate pro- dent, I ask unanimous consent that the dent, I yield the floor. ceed to executive session to consider Senate proceed to executive session to The PRESIDING OFFICER. The Sen- the following nomination on the Exec- consider en bloc the following nomina- ator from Alabama is recognized. Mr. SESSIONS. Mr. President, I ap- utive Calendar: Calendar No. 813, Wil- tions on the Executive Calendar: liam Martinez, to be a U.S. district No. 696, Louis Butler, to be a U.S. preciate my colleague from Colorado court judge for the district of Colorado; District Judge for the Western District raising these issues. The Senate does that the nomination be debated for up of Wisconsin; No. 697, Edward Chen, to have a responsibility to treat nominees fairly. I have worked to do that as to 3 hours with time equally divided be a U.S. District Judge for the North- ranking member of the Judiciary Com- and controlled between Senators ern District of California; No. 703, mittee, and they are entitled to be con- LEAHY and SESSIONS or their designees; Benita Pearson, to be a U.S. District that upon the use or yielding back of sidered on the floor. Judge for the Northern District of But things don’t always go as time, the Senate proceed to a vote on Ohio; No. 948, John J. McConnell, to be the confirmation of the nomination; smoothly as you would like. I will a U.S. District Judge for the District of make a couple of points that are very that upon confirmation, the motion to Rhode Island; that the nominations be reconsider be considered made and laid important. debated concurrently for a total of 4 President Obama’s nominees are upon the table, the President be imme- hours, with the time equally divided moving considerably faster—to both diately notified of the Senate’s action, and controlled between Senators circuit and district courts—than Presi- and the Senate resume legislative ses- LEAHY and SESSIONS or their designees; dent Bush’s nominees, many of whom sion. that upon the use or yielding back of The PRESIDING OFFICER. Is there were subjected to incredibly unjusti- time, the Senate then proceed to vote fied actions to obstruct their nomina- objection? on confirmation of the nominations in Mr. SESSIONS. Reserving the right tions. My good friend, the Senator the order listed; that upon confirma- from Delaware, says we should use the to object, and I will object, I wish to tion, the motion to reconsider be con- express a few thoughts before my col- Golden Rule. I would say that is always sidered made and laid upon the table, a good policy. I am pleased that nomi- leagues who are here and who wish to the President be immediately notified speak on another subject. I wish to be nees are moving faster than President of the Senate’s action, and the Senate heard on the nomination process and Bush’s nominees were moved. But if we then resume legislative session. ask for parity, consistency, and if we maybe I can be recognized after I make The PRESIDING OFFICER. Is there that objection. Hoping to be so recog- ask for fairness, based on what was objection? done to President Bush’s nominees, nized, I object. Mr. SESSION. Objection. The PRESIDING OFFICER. Objec- they would be held considerably longer, The PRESIDING OFFICER. Objec- tion is heard. and a lot of nominees would never even Mr. UDALL of Colorado. Mr. Presi- tion is heard. get a hearing, and they would wait for Mr. UDALL of Colorado. Mr. Presi- dent, it is disappointing that we can’t years. dent, I will continue to ask my friend get unanimous consent for an up-or- I want to mention a few facts about down vote on the Martinez vote. I wish from Alabama to consider joining with these matters. President Obama’s cir- to make clear to all the Coloradans me in approving these unanimous con- cuit court nominees have waited for a who watched the proceedings today sent requests. hearing only 59 days, on average. Presi- that I attempted to bring up this nomi- I ask unanimous consent that the dent Bush’s nominees waited, on aver- nation for a vote, along with my col- Senate proceed to executive session age, 176 days to even have a hearing in and consider en bloc the following league, Senator BENNET, but the minor- the committee. Actually that was in ity party, as you have heard, has ob- nominations on the Executive Cal- his first Congress, and the Republicans jected. It is a shame. I will not give up. endar: had a majority at that time. But they I will continue to work in every way No. 883, Michelle Childs, to be a U.S. had to wait 247 days to get a hearing possible with colleagues on both sides District Judge, South Carolina; No. 884, for his entire Presidency. Whereas, we of the aisle to confirm this important Richard Gergel, to be a U.S. District are now having hearings in the Judici- and impressive list of nominees. Judge, South Carolina; No. 885, Cath- ary Committee in 59 days. We had one I shared Bill Martinez’s story earlier erine Eagles, to be a U.S. District yesterday, 14 days after the nomina- with the full Senate. It is a quintessen- Judge, Middle District of North Caro- tion of a district court nominee. That tial American story, and Bill Martinez lina; No. 886, Kimberly Mueller, East- doesn’t sound like a railroad to me. deserves to serve on our district court ern District of California; No. 893, President Obama’s district court nomi- in Colorado. Leonard Stark, to be a U.S. District nees have waited for hearings only 45 Mr. President, let me move to this Judge, District of Delaware; No. 917, days, on average, while President unanimous consent request: I ask John Gibney, to be a U.S. District Bush’s district court nominees waited unanimous consent that the Senate Judge for the Eastern District of Vir- 120 days for hearings in the committee. proceed to executive session to con- ginia; No. 935, James Bredar, to be a So they come out of committee at an sider en bloc the following nominations U.S. District Judge, District of Mary- unprecedented rate. That is all right; on the Executive Calendar: No. 656, Al- land; No. 936, Ellen Hollander, to be a we will deal with that. But sometimes bert Diaz, U.S. circuit judge for the U.S. District Judge, District of Mary- we have to ask ourselves, how fast Fourth Circuit, and No. 657, James land; No. 937, Susan Nelson, to be a should you move a nominee to the Wynn, to be a U.S. circuit judge for the U.S. District Judge, District of Min- floor? Should you have some time that Fourth Circuit; that the nominations nesota; that the nominations be con- the nominee lays over? be confirmed en bloc, and the motions firmed en bloc and the motions to re- Let us talk about the time from nom- to reconsider be laid upon the table en consider be considered made and laid ination to confirmation. I guess that is bloc; that upon confirmation, the upon the table en bloc; that the Presi- the ultimate test. How long do you President be immediately notified of dent be immediately notified of the wait between the time a person is nom- the Senate’s action, and the Senate Senate’s action, and the Senate then inated until the time they are con- then resume legislation. resume legislative session. firmed? President Bush’s circuit court

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.037 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6485 nominees, on average, waited 350 days the President. You would think they be.’’ I am not aware that judges need to from nomination to confirmation. By would be appreciative of that. No, they be promoting visions. Whose vision? contrast, President Obama’s circuit blocked him. He never got a hearing. My vision, or the judge’s vision, or court nominees, on average, are being When President Bush left office, President Obama’s vision? Whose vi- confirmed almost twice as fast, in 208 there were five vacancies on the fourth sion is the judge going to promote? days. circuit. What an outrage. They were Who is he going to have empathy for? Similarly, President Bush’s district systematically blocked by the Senate This party or that party? court nominees, on average—people and the Democrats, who are now com- The oath a judge takes is that they have said somehow this is unusual, the plaining so piously, and since that will do equal justice to the poor and way President Obama’s nominees are time, two have been filled. Now they the rich, and they will serve impar- being treated—waited 178 days from are complaining that some other va- tially. I believe Chief Justice Roberts’ nomination to confirmation. By con- cancies haven’t been filled. Give me a metaphor that a judge should be a neu- trast, President Obama’s district court break. tral umpire is a simple and beautiful nominees, on average, are being proc- Look, the nominations are moving way to say what a judge should be. essed almost 2 months faster, about 130 rapidly out of the Judiciary Com- That doesn’t mean he takes sides in a days. mittee. They are coming on the floor. lawsuit because he has more empathy I think it is important to look at When they get here, they get caught up for one party than the other. other processes that cause disturbances in all kinds of messes. The leaders on We have a serious problem. This is in the Senate. It should not go unnoted both sides have to talk and they have the definition of activism. It politicizes that President Obama bypassed the to work out floor time. Some of these the court. These kinds of empathies Senate and recess-appointed Donald nominees are going to have some de- and other matters are not law; they are Berwick as Administrator of the Cen- bate about them. You have heard a politics. We do not need politics in the ters for Medicare and Medicaid Serv- number of names mentioned. I point court. ices less than 3 months after his nomi- out to my friend from Colorado that Some of these nominations are con- nation, and without even a Senate Fi- Mr. Martinez had a lot of ‘‘no’’ votes. troversial and are going to take some nance Committee hearing taking place. He was a top lawyer with the ACLU in time to move forward. We are not a He was very controversial. Colorado. He doesn’t seem to me to be rubberstamp over here. We do not in- The reasoning offered was that the the most mainstream nominee. tend to stand by and have this court Republicans are blocking this appoint- The American people are very tired packed with nominees who are not ab- ment and that he has to go forward. of judges who get on the bench, with solutely committed to following the Without even having a hearing? That is lifetime appointments, and start ad- law as written whether or not they like particularly odd, since that position vancing all kinds of agendas and legis- it. The Constitution says in its Pre- was vacant for 16 months before we late from the bench. They expect this amble: ‘‘We . . . do ordain and estab- even had a nomination and hasn’t had Congress to make sure that whoever lish this Constitution for the United a confirmed Administrator since 2006, gets nominated will show restraint and States of America,’’ not some constitu- and now they want to move it through will follow the law, and follow their tion a judge who got appointed last with a recess appointment, bypassing oath to serve under the Constitution week thinks it ought to be but the one the confirmation process entirely, and not above it. So he is a controver- that actually was passed. Otherwise, without even having a hearing in the sial nomination. we do not have law in this country. Finance Committee. Mr. Butler from Wisconsin—I know We have a great heritage of law. We I have to note that the President has he is controversial. Mr. Butler has have a responsibility to move nomina- been slow to nominate. There are now twice run for the Supreme Court of tions. I made a commitment to the 100 vacancies in our courts—20 in the Wisconsin and twice lost. He ran in 2000 President, to Chairman LEAHY, to my circuit courts and 80 in the district and lost by a 2 to 1 margin. He was ap- colleagues on both sides of the aisle courts—but only 48 nominations are pointed to a vacancy on that court in that to the extent I am able to do so, before the Senate. So the President has 2004, and then ran for election when we are going to treat nominees fairly. been a bit slow, perhaps, in making his term of the vacancy ended. Those kinds We are not going to misrepresent their nominations. But he should take care; of elections are normally won easily. records. Certain nominees are going to they don’t have to be rushed. The Re- He lost that, because his reputation be moved forward. I expect I will vote public won’t collapse if there is a va- was that of one of the most pro-plain- for over 90 percent of the nominees, cancy for a reasonable period of time. tiff judges in the United States. giving deference to President Obama. But one reason the confirmations are This is a serious concern when we ap- Some of them I may be worried about, as they are is because nominations are point somebody on the bench with a but I am not certain they are not going not being submitted in a rapid way. lifetime appointment and he can’t be to be faithful to the law. I am going to Look at the fourth circuit. A lot of voted out of office. Others have prob- give the President deference, and I am complaints have been made about the lems. Some of them are due to come up going to vote for them. If I do have ob- fourth circuit. This is stunning to me. and be voted on for sure. It just takes jections, I am going to raise those ob- You know the old story about the man time. I am not able to make the deci- jections. I believe the American people who killed his parents and then com- sions that the leaders of our two par- expect this Senate to scrutinize a plained that he was an orphan. One ties make. They try to work out mat- nominee to make sure they will be Bush nominee—a highly qualified ters here. Some judges come forward faithful to the law and follow it wheth- nominee—for the fourth circuit waited and some don’t. I have kind of quit er or not they like it. 585 days and never got a hearing. He worrying about who gets picked and My colleagues know a lot of these was rated by the American Bar Asso- who doesn’t. That is above my pay nominees. They care about them. It ciation as ‘‘unanimously well quali- grade. does seem like a long time. Perhaps we fied.’’ He was a presiding judge in the I will say that, at least with regard ought to get together, I say to Senator district court on which he served. He to any fair analysis of the numbers, the UDALL, in a ‘‘do unto others’’ situation had served in the Department of Jus- Obama administration judges are mov- and see whether we can figure a way to tice. He had been point guard on the ing faster than the Bush administra- be more effective in moving nomina- Clemson basketball team in the ACC. I tion judges moved. There is a growing tions as a whole and not have it change always thought that clearly meant he concern about the philosophy that if Republicans were to elect a Presi- knew how to make decisions if he could President Obama has about judges. He dent next time. be a point guard at Clemson and dish said that when he looks for a judge, he How we really got into the con- out the ball. He was also asked—out of wants to know if they have empathy. troversy—and I will conclude with the entire United States of America— Empathy for who? Which party does he this—was President Clinton had almost by Janet Reno to investigate President have empathy for? He wants a judge 95, 98 percent of his nominees con- Clinton. She had so much confidence in who will be willing to help advance ‘‘a firmed. When President Bush got elect- him, she picked him. He didn’t indict broader vision for what America should ed, Democratic Senators—Senator

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.038 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6486 CONGRESSIONAL RECORD — SENATE July 29, 2010 UDALL was not here then—met in a re- The Senator talked about a nominee have a constitutional right to welfare. treat. This is according to a New York who was in limbo for 8 years, and I He would be very controversial. Times article. Appearing at the retreat heard the passion with which he thinks I say with regard to those two, when were Marcia Greenberger, Laurence that was a wrong. But two wrongs do they are brought up, Majority Leader Tribe, and Cass Sunstein—three very not make a right. We need to get our REID will have to be sure there is con- aggressive, liberal lawyers who believe courts fully staffed with jurists who siderable time available so the debate that judges should be activists to pro- want to serve. can be effective. mote the law, advance the law in a cer- I heard piety mentioned. The eight of For those reasons, Mr. President, I tain way. The report was that agree- my colleagues who came to talk about object. ment had been reached to change the filling the district and circuit courts— The PRESIDING OFFICER. Objec- ground rules of confirmations. I did not hear a lot of piety; I heard a tion is heard. That is exactly what happened. need and a desire to fill the courts so Mr. UDALL of Colorado. The con- President Bush nominated eight citizens’ rights can be maintained and cerns of the Senator from Alabama are judges. He nominated Roger Gregory, justice can be delivered, whether it is his, and they are most likely shared by an African American who had been in criminal or civil settings. others. The point I am trying to make nominated by President Clinton but Finally, with all due respect to my is, let’s bring nominees to the floor, was not confirmed before President friend from Alabama, I will wait until have that debate, fully consider their Clinton left office, as a gesture of good we hopefully have a debate on the floor records, and then have an up-or-down faith. He nominated another Democrat, about Bill Martinez to tell all the 99 vote. I think out of his 8 or 10, within a few Senators what a marvelous candidate Mr. President, moving to my last months. Those were promptly con- he is and what a strong member of the unanimous consent request, I ask firmed. The rest of them waited bench he would be. We will set that de- unanimous consent that the Senate months and years. Some never got con- bate aside until I hope, I say to Sen- proceed to executive session to confirmed. A filibuster took place that we ator SESSIONS, we actually can discuss sider en bloc the following nominations had never seen before. We even had the Bill Martinez confirmation on the on the Executive Calendar: No. 892, Justice Sam Alito filibustered by the floor. Raymond Lohier, to be U.S. circuit Senate, one of the most fabulous nomi- UNANIMOUS CONSENT REQUESTS—EXECUTIVE judge for the Second Circuit of New nees we have seen and who is doing a CALENDAR York; and No. 934, Scott Matheson, to great job on the Supreme Court. All of In that spirit, I ask unanimous con- be U.S. circuit judge for the Tenth Cir- this never happened before. It was sent that the Senate proceed to execu- cuit; that the nominations be debated quite a change. We are having more tive session to consider en bloc the fol- concurrently for a total of 4 hours, difficulties now than we probably lowing nominations on the Executive with the time equally divided and con- should have. Calendar: No. 891, Goodwin Liu, to be a trolled between Senators LEAHY and I say to Senator UDALL, I appreciate U.S. circuit judge for the Ninth Cir- SESSIONS or their designees; that upon his commitment to the nominees he cuit; and No. 933, Robert Chatigny, to the use or yielding back of time, the knows and respects and would like to be a U.S. circuit judge for the Second Senate then proceed to vote on con- see confirmed. I am sorry they have Circuit. I ask unanimous consent that firmation of the nominations in the not been brought up as quickly as he those nominations be debated concur- order listed; that upon confirmation, would like. When they get out of com- rently for a total of 4 hours, with the the motions to reconsider be consid- mittee, it basically becomes a leader- time equally divided and controlled be- ered made and laid upon the table, the ship matter. They have a lot of issues tween Senators LEAHY and SESSIONS or President be immediately notified of on the agenda, and frequently good their designees; that upon use or yield- the Senate’s action, and the Senate nominees can get tied up in them. ing back of time, the Senate then pro- then resume legislative session. I yield the floor. ceed to vote on the confirmation of the The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- nominations in the order listed; that objection? ator from Colorado is recognized. upon confirmation, the motions to re- Mr. SESSIONS. I object. Mr. UDALL of Colorado. Mr. Presi- consider be considered made and laid The PRESIDING OFFICER. Objec- dent, I listened intently to my friend upon the table, the President be imme- tion is heard. from Alabama. I have had the oppor- diately notified of the Senate’s action, Mr. UDALL of Colorado. Mr. Presi- tunity when I have presided to listen to and the Senate resume legislative ses- dent, I look forward to working with him share his point of view with the sion. the Senator from Alabama and the Senate. As always, he is articulate and The PRESIDING OFFICER. Is there Senator from Vermont to move all of passionate. objection? these worthy nominations to the floor. Before I make two unanimous con- Mr. SESSIONS. Reserving the right I appreciate the conversation we have sent requests, I wish to make some to object, I do say to my colleague, per- had. brief remarks. I see a number of col- haps we should, in the spirit of har- I yield the floor. leagues on the Senate floor. mony, work together and see if we can The PRESIDING OFFICER. The Sen- I heard the comments about the time get a commitment that will be binding, ator from Connecticut is recognized. in which the Judiciary Committee is not just for this Congress but perhaps Mr. DODD. Mr. President, what is the considering these nominees. And there one in the future, that would do a little business before the Senate? are numbers and there are numbers, better job than we have done in moving The PRESIDING OFFICER. The but the number that stands out to me, nominations. I do think there is room small business bill is pending, H.R. as I mentioned earlier, is we have 100 for criticism and we could do better. 5297. judicial vacancies, which the Senator And I feel a responsibility, I say to Mr. DODD. Mr. President, I ask unan- from Alabama acknowledged. Forty- Senator UDALL, to work with good peo- imous consent that I may proceed as in two of those are considered judicial ple on the other side to try to do that. morning business. emergencies by the bodies that oversee With regard to these two nominees, The PRESIDING OFFICER. Without and monitor the judiciary. The Senate Mr. Chatigny is a controversial nomi- objection, it is so ordered. has confirmed 24 nominees so far this nee. He stayed the execution of a serial TRIBUTE TO BEN WEINGROD year and 36 total since President murderer, and, among other things he Mr. DODD. Mr. President, I wish to Obama was elected. Those are historic did, he found that sexual sadism was a make note of the fact that a young lows. That is the fewest number of mitigating factor that would mitigate man who has worked with me for 3 judges confirmed in 50 years. We may against him receiving the death pen- years in this body and who is present have accelerated the process by which alty after he had been duly convicted on the floor today will be leaving to go nominees are considered, but we have and sentenced by a Connecticut jury. to graduate school. not accelerated the process by which Mr. Liu is probably the most con- I thank Ben Weingrod for his tremen- they are confirmed so they can serve troversial activist nominee before the dous service to the Senate. Maybe this on a circuit court or a district court. Senate. He has written that people will be his last opportunity to be a

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.040 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6487 staff member in a floor proceeding. I remarkable, positive changes and op- narcotrafficking, this war has claimed express my gratitude to him for his portunities. the lives of thousands of innocent Co- service to our country and as a member Panama, for example, has been a lombians, from farmers and shop- of our staff over the past 3 years. I critically important strategic and com- keepers to judges, elected officials, thank him very much. mercial partner of the United States. candidates, and community leaders, FREE-TRADE AGREEMENTS The United States, in fact, helped Pan- and has left countless more homeless I rise today to talk about the impor- ama gain its independence, and in 1914, in that country. tance of our relationship with Latin the construction of the Panama Canal, In fact, there are nearly 3 million in- America and the role that free trade as my colleagues will certainly recall, ternally displaced persons living with- plays in those relationships. In par- was completed. in the country of Colombia today. Co- ticular, I wish to emphasize the need Since that time, Panama has devel- lombia still must improve its human for action, in my view, by the Congress oped into an advanced economy based rights protections and strengthen its to implement free-trade agreements on professional-level services and is commitment to the rule of law, but signed with the nations of Colombia currently a destination of $4.4 billion great changes have occurred on the and Panama. President Obama de- worth of American goods. Despite its positive side. scribed the importance of these agree- small size—3.4 million people, smaller I understand why, of course, some ments in his State of the Union Ad- than the population of my State of may question moving forward with this dress earlier this year. I know the Connecticut—Panama rates in the top agreement. I firmly agree we must not President and the U.S. Trade Rep- 50 of our trading partners globally. ignore these very real challenges in Co- resentative are currently working on Panama has also made important lombia. But I also recognize that tre- the remaining details, and it is my strides in building democratic institu- mendous progress has been made in Co- hope that the President will soon sub- tions. Over the last 20 years, five civil- lombia. I recently spent time there, as mit legislation to the Congress to im- ian governments have been elected. I did in the neighboring Andean countries, and the common belief is that plement these agreements. With each new election, its commit- While the recession has been a chal- ment to human rights and respect for great steps have been made in moving lenge to economies across the globe, it the rule of law has grown stronger. in the right direction. Mechanisms are also has given us the opportunity to so- Challenges, obviously, still remain, in place today that will strengthen the berly reevaluate our global relation- particularly in the areas of human rule of law, protect human rights, and ships and look to build stronger part- trafficking, violence against women, Colombia recently held, as we all nerships in places we may have over- and increasing transparency in the know, its most free and open election looked in the past. The most logical banking and financial sectors. But in decades. In just 1 weeks’ time, Colombia will place, in my view, to start that review Panama has made progress—great mark a historic, dramatic transition to is Latin America. progress—and I am confident that the power from President Uribe to Presi- For too long, American policy has Martinelli government is committed to dent-elect Santos. This peaceful demo- treated Latin America as our back- continuing this trend and to imple- cratic transition is an important mark- yard, and our policies toward the re- menting solutions. er in Colombia’s history, and the Presi- gion have run the spectrum from short- Mr. President, Panama is focused on dent-elect has committed himself to sighted and unsophisticated to arro- becoming a financial and economic hub strengthening Colombia’s judicial sys- gant and paternalistic. The narrative in Latin America. Passing the Panama tem and working to reduce violence of our relationship has been based on Free Trade Act would give American against labor leaders and others. businesses access to Panamanian mar- the negative, often ignoring and The Colombian people have pursued a kets. Today, tariffs and barriers re- glossing over the important economic, fresh start, and we must recognize this political, and social advances that have main on all goods and services sold in and be willing to do the same. By pass- been made in the region. The truth is that country. By eliminating those ing the Colombia Free Trade Agree- that Latin America is not our back- barriers and tariffs on the over- ment, we have a historic opportunity yard at all but part of our common whelming majority of goods and serv- to do just that. neighborhood. We share far more than ices, we could increase tremendously This agreement, with its strong com- a hemisphere with our neighbors in the job opportunities not only in my mitment to labor standards, environ- this region. We share a common his- State but others around the country, mental protections, and human rights tory, common goals, common opportu- and it would allow us to take advan- will help shape Colombia’s course to nities, and a common future. tage of the economic dynamism occur- encourage its move toward a more open From my time as a Peace Corps vol- ring in that country. and democratic system and to build a unteer in the Dominican Republic to It is estimated upon implementation relationship based on common values my current chairmanship of the West- of a free-trade agreement with Pan- and not common enemies. This is an ern Hemisphere Subcommittee in the ama, nearly 88 percent of U.S. commer- important opportunity that continues Senate, I have had the opportunity to cial and industrial exports to Panama on the heels of the nearly 10 years of watch this region change dramatically would become duty free, and Panama U.S. support for Colombia, including over almost the last half century. would be required to phase out tariffs billions of dollars in aid through Plan Thinking back over the past three dec- on over 60 percent of all U.S. agricul- Colombia. ades of my service in the Senate, the tural exports. This would lead to more Allowing this agreement to continue progress in many ways has been as- U.S. exports to Panama and more jobs to languish now poses a significant tounding, and it is time our regional at home in the United States. This is roadblock, in my view, to continued re- policies reflected these changes. good news for American workers, for form in Colombia because it calls into Embracing these free-trade agree- farmers, and for small businesses and question our Nation’s commitment to a ments is an important first step to consumers alike. sincere and ever more important part- achieve these goals. They will help to Yet strengthening our partnership nership. We need to act now, in my cement our regional partnerships and with Panama is not the only oppor- view, to affirm our commitment to the make important strides in shifting the tunity for increasing our engagement Colombian people, to show them that story of the United States and Latin in Latin America. Our pending agree- we recognize the hard work they have America from conflict to engagement, ment with Colombia presents, as well, done and to signal that the United from division to empowerment. a chance to move forward in our re- States will be a strong partner in their I had the opportunity to visit almost newed commitment to engagement and continued improvement. every one of these countries in the re- empowerment in Latin America. I be- Over the course of my career in the gion over the last 6 or 7 months and lieve this will have significant positive Senate, we have considered a number have seen these changes firsthand. In benefits over time. of trade agreements. I have evaluated my conversations with numerous lead- Colombia has weathered a civil war each one, as I know my colleagues ers and citizens, I have come to see not that has lasted longer than most Co- have, on its merits. Some I have sup- just problems and conflicts but, rather, lombians have been alive. Fueled by ported strongly, and many others I

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.041 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6488 CONGRESSIONAL RECORD — SENATE July 29, 2010 have opposed just as strongly, includ- Economic and Community Develop- er together and promoting our shared ing ones for Latin America. A poor ment—Connecticut firms exported values. free-trade agreement can undermine about $91 million worth of goods to Co- It is time, in my view, for the United very important protections for work- lombia and roughly $15 million of goods States of America to lead a global eco- ers, human rights, and the environ- to Panama. Connecticut businesses ex- nomic recovery. A small but important ment. So I opposed the Central Amer- port a variety of products to these na- step down that road is the passage of ican Free Trade Agreement much to tions, particularly chemical products, the Panamanian and Colombian Free my pain and disappointment. But that manufactured machinery, transpor- Trade Agreements, and I urge my col- was a weak agreement which did not tation equipment, computers, elec- leagues, both Democrats and Repub- deserve the support of this body. tronic products, and paper goods. licans, to support these agreements. I These two agreements are different Under the Colombia Free Trade hope we can do so before we adjourn because since May 10 we have strength- Agreement, 80 percent of all consumer this session of Congress. ened those labor protections, environ- and industrial goods, which include the Mr. President, I yield the floor. mental protections, and human rights categories I just listed, become duty The PRESIDING OFFICER. The Sen- protections. I believe this agreement is free immediately. In addition, 88 per- ator from Tennessee. deserving of our support. In the case of cent would become immediately duty EDUCATION REFORM these two agreements, they are a com- free once the Panama agreement is Mr. ALEXANDER. Mr. President, the mitment to our allies, and a signal to ratified as well. President of the United States made an our friends that we value our partner- What can this mean for the future? important speech this morning. He ships and will continue to work with Well, certainly jobs. The International spoke to the National Urban League them to promote our shared values of Trade Administration calculates that Centennial Conference on Education. democracy, the rule of law, and eco- nearly one-third of all manufacturing Every speech a President makes is nomic opportunity. As such, what they workers in my State depend on exports important, but this speech is especially represent is much more significant for their jobs, and more than 4,000 com- important, and I commend the Presi- than simply the exchange of goods and panies engage in exporting some kind dent for his courage, for his vision, and services between nations. of products to these nations. Of those for his willingness to undertake the Trade agreements such as the ones firms, 89 percent were small or me- hard work of helping children across before us represent opportunities to dium-sized businesses—precisely the this country learn what they need to build long-lasting partnerships as well. firms that President Obama’s Export know and be able to do, and the com- I believe that is the case with the Pan- Initiative targets—that will be well po- petence with which he is doing that. amanian and Colombian agreements sitioned to take advantage of these Let me be specific about why I say before us. With the inclusion of the agreements once they are ratified. This that. No. 1, the President began with provisions of the bipartisan May 10 means expanded economic opportuni- teachers. He extolled teachers. He said agreement on labor, environmental, ties for workers in our own country he wanted to lift them up as high as he and human rights standards, I believe and businesses in our various States could, he wanted them to be on the we have addressed some of the most across the Nation. front pages of magazines, and for us to significant concerns about these two The Panama and Colombia Free dignify them in every way we could. trade agreements. I also believe that Trade Agreements were established But he didn’t back away from tackling because these trade deals and agree- over 2 years ago. They have been the the most important and the most dif- ments have languished for so long, subject of intense scrutiny and public ficult challenge that any of us who they have turned some opportunities debate. They have benefitted by the have dealt with education reform have into roadblocks to the success of our input of the Congress, through the his- found; that is, how do we reward out- bilateral and regional relationships. It toric May 10 agreement, which I de- standing teachers. Especially, how do simply makes no sense to continue the scribed earlier, that saw the inclusion we tie that reward to student achieve- delay. It is time to pass these two of binding, enforceable, and meaningful ment? In other words, what can we do trade agreements in order to help move labor, public health, and environ- to help reward and encourage those our economy forward as well. mental standards. These discussions outstanding men and women who help Passage of these agreements is not have allowed the Congress and the our children learn, particularly our just a good foreign policy decision; American people to critically examine children who are having the hardest they also make strong economic sense the importance of these trade agree- time learning? as well. Currently, goods from Colom- ments and our partnerships with these All of us know a great teacher makes bia and Panama flow north largely key allies. a great difference. The President said unhindered. Yet American businesses I urge support of these trade agree- that himself. Each of us in the Senate and American workers and the jobs, ments before us not in spite of our cur- knows that. But any of us who have, products, and services we provide are rent economic situation but because of over the last several years, spent time subject to significant duties and tariffs it. This recession demands bold moves trying to find ways to reward out- when we export goods to the nations of and innovation. It requires us to standing teaching knows how hard it Panama and Colombia. strengthen our key economic partner- is. For example, while the vast majority ships and to expand into new markets I worked on it in 1983 when Tennessee of goods from Colombia enter the where we can. Now is not the time to became the first State to reward out- United States duty free, American close our borders to nations with whom standing teaching. Not one State at goods exported to Colombia face aver- we already have strong ties. History that time paid one teacher one penny age duties of 12 percent and, in some shows that erecting barriers to trade more for being a good teacher. They cases, as high as 20 percent. This is has the potential for deepening the could make more money for being costing America jobs and American global recession. Conversely, these around a long time. They could make business. If we implement this agree- agreements mean more economic op- more money for getting a degree. But ment, we would eliminate many—as I portunities for American workers and they didn’t make more money at all if mentioned earlier, almost 90 percent— our families. the children were succeeding. of these duties and tariffs on these It is time for us to change the way we For a while that worked because we services and products nationwide, and relate to the world, particularly in were able to capture women. They had U.S. exports to Colombia would in- Latin America. For too long we have very few options and they became crease, we are told, by a projected $1 used our differences in this region with saints in the classroom and they were billion annually. our allies as an excuse not to act, as a our teachers. But in the 1970s, the In 2009, more than $14 billion worth of reason to disengage. These agreements 1980s, and the 1990s, women had many goods were exported by Connecticut offer us a chance to refresh that para- options, and they took them. In the firms to markets all over the world. digm, to make the United States a companies where they went to work, According to the latest available data proactive partner in fostering eco- they were paid more for excellence. from my State—the Department of nomic opportunity by bringing us clos- They made good salaries. As a result, it

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.042 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6489 became more difficult to attract and schools and give teachers the freedom the student loan takeover. I think his keep outstanding men and women in to do what they know how to do. The proposal on gainful employment, which our classrooms. first thing is rewarding outstanding is an obscure higher education thing Governor Graham, who was later a teaching. As the late Albert Shanker, and a different subject, is, with all re- Senator, tried the same thing in Flor- the head of the American Federation of spect, a little wacky. But what I think ida. Governor Clinton—later a Presi- Teachers, used to say: If we can have is he is an excellent leader for edu- dent—was trying many of the same master plumbers, we can have master cation, and he has a big heart and he ideas in Arkansas. Those were the teachers, and we can pay them accord- has worked in a bipartisan way, and he 1980s. Every education meeting I go to ingly, pay them very well, and let’s has gotten results that are as good as comes down to the same point: After have charter schools and give teachers anybody could possibly have gotten on you get past the role of the parent, the the freedom to do what they in their some of the toughest subjects facing teacher is the center of it. Whether a own good judgment know to do. our country. child is a gifted child or whether a The third thing the President talked The President and Arne Duncan de- child comes from a home where he or about was high standards. That is also serve our applause and support for she does not have breakfast, or wheth- not a new idea but he has advanced it their efforts. We will have differences er a child comes from a home where he down the road very well. Higher stand- of opinion about how much we can or she has never been read a book until ards are an indispensable part of a good spend and when we can spend it, but if they are 7, whether a child needs to be education in kindergarten through the the goal is to reward outstanding in school 12 hours a day or 8, on Satur- 12th grade. teaching, to create more charter days or not, the teacher at the center The way I used to help Tennesseans schools, to help States raise standards of the education of that school is the learn about that was to say look at all in an environment where they are not indispensable product and the best and these big new auto plants that are told to do so by Washington, but create most important part of a child’s ability coming into our State. To get a job an environment to do it themselves; if to achieve and to learn. there, you have to know a lot more the goal is to infuse excellence into What the President has done— today than you did when your parents public higher education by challenging through the Teacher Incentive Fund might have worked there, or your States to do better, then we should be that he has continued to encourage, grandparents. You have to know alge- for that and we should do it together. I think President Obama has the op- and through his leadership on the sub- bra and statistics. You have to know portunity in public education to do ject—deserves credit and support from English well to be able to commu- what President Nixon did in China. It all Americans. I for one am here to nicate. In other words, the standards may be easier for a Democratic Presi- offer him that. are high if we are going to compete in dent to make these changes or to lead Second, he talked about charter the world and keep our high standard the country in these changes than it schools. He is not the first to do that of living. would be for a Republican President, either. I remember as Education Sec- While a lot of work has been done by just as it was easier for a Republican retary on my last week in office, in the Governors of the country through President in the early 1970s to cause us 1993, I wrote a letter to all the super- ACHIEVE, the President has advanced to have an opening to China. That is a intendents in America to encourage the idea of common standards very large claim to make but I think it is an them to try charter schools. At the well in the last 18 months, and he has equally important goal. time they were the invention of a few done it in the right way. He has not About the only thing I disagreed with Democratic liberal reformers in Min- said: Okay, I am the President; we will today in the President’s speech was nesota. There were maybe a dozen write it from Washington. That would this. He said teachers were the most charter schools at that moment. But have killed it—or at least I hope it important part of a child’s education. I charter schools were simply ‘‘start would have killed it. He didn’t say think a parent is and I think he does, over’’ schools. It was simply saying to that. He said let’s create an environ- too. I think he would agree. I think a faculty: Let’s start over. What if we ment in which States can make a dif- parents and teachers are 90 percent of took off the rules and regulations and ference and make their own choices, it and it starts with the parent. The gave you the freedom to do with the and States, in surprisingly large num- reason I think he would agree with children who are presented to you what bers, are beginning to do that, in terms that is because he had good parents they need, so if you need to start at 7 of reading and math. and he is a good parent and a very good in the morning and finish at 7 in the The fourth area the President spoke example to the rest of the country. night, do it. If you need 2-hour classes, about, and this is his own initiative, is Anyone who has read his biography, do it. If you need 200 days a year in- the Race to The Top. This is infusing ‘‘The Audacity of Hope,’’ knows the stead of 180 days at school, do that as one of the hardest things that is pos- story of his mother getting him up at 4 well. If you need to learn during Easter sible to infuse in public education and o’clock in the morning in Indonesia holidays, do that. that is excellence. We have a demo- and teaching him math and to read and Who are the beneficiaries of the char- cratic society. We are usually inter- telling him: Buster, it’s not any fun for ter schools? When they work, the bene- ested in leveling things. If we have five me so get busy and learn, and he ficiaries are most often the children things, one goes to each person. learned very well. His example as a who come from the most difficult cir- What is hard for us to do in govern- good parent and good student is ex- cumstances. ment, and that means public education actly the kind of example we need for I can point to a charter school in as well, is to say let’s reward excel- students and parents across our coun- Memphis I visited 3 years ago where it lence. Let’s say to those school dis- try. was an Easter holiday. The children tricts or to those States or those This is a time when we have dif- there were ninth or tenth graders. In- teachers or those others who are mak- ferences of opinion on many issues. I stead of being on Easter holiday, they ing the A-pluses and the A’s and doing will have some differences of opinion were studying for their advanced place- the best job, we want to incentivize with the President on education, as I ment course in biology at the freshman you to do that. He has found a way to mentioned. But I have no lack of en- or sophomore level. There was not any do that. It is a fair way. He has kept thusiasm for the importance of his other school in Tennessee where chil- politics out of it. He has put money leadership on K–12 education, on re- dren that age were studying advanced into it and he deserves credit for it. warding outstanding teaching, on giv- placement biology, especially during Finally, he has picked a very good ing teachers the freedom to create the Easter week break. Secretary of Education. I said when schools in which they can use their President Obama has done what Arne Duncan was appointed that he common sense, on creating high stand- President Bush did, what President might be the President’s best appoint- ards, on the Race to The Top, on set- Clinton did, what Vice President Gore ment. I still think that. That is not be- ting a good example as a good parent, did, what I have done, what many oth- cause I agree with everything Arne and I thought it was important—per- ers have done, which is to say: Let’s Duncan has recommended. In fact, I haps especially for a Republican Sen- have independent public charter think he was completely wrong about ator who spent a number of years

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.043 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6490 CONGRESSIONAL RECORD — SENATE July 29, 2010 working on these issues as Education work in multiple years pushing this are, again keeping it a bipartisan, fair, Secretary and president of a university issue forward, trying to figure out how simplification of taxes. and Governor—to come to the floor and we can help the middle class and the No one likes to talk about taxes. No say: Good work, Mr. President. An ex- small business people of this country one loves to be around April 15. But the cellent address. And on those broad lower their tax burden; getting the fact is, it does occur. So how do we issues and themes, you have my full IRS, as we would say back home in make the burden less on middle-class support. Alaska, out of our pockets. They have America? The President’s remarks can be found done a good job. How do we make the burden less on at: http://www.whitehouse.gov/the-pre If there is no objection from the Pre- small businesses? This bill does it. So, ss-office/remarks-president-education- siding Officer, if it is OK, I will ask again, I say to the Senator from Or- reform-national-urban-league-centen Senator WYDEN to join me here with egon, I wish to make sure I am saying nial-conference. couple of questions. Sometimes you the right stuff. So maybe the Senator Mr. President, I yield the floor. look at these bills and you wonder are could comment back to me. But it does The PRESIDING OFFICER. The Sen- they too good to be true. Here we have, have a positive impact. Correct me if I ator from Alaska is recognized. if I am not mistaken, not only the Her- am wrong, but I think the numbers, for Mr. BEGICH. Mr. President, I come itage Foundation and some of the more example, on average for a small busi- for a few minutes on the floor. I am conservative groups as well as the ness, they are pretty much going to be down here with Senator WYDEN from more liberal groups, the Brookings In- guaranteed they are going to save at Oregon, and I want to talk a little bit stitution and others, commenting posi- least $5,000 in taxes and more, depend- and probably in an informal way about tively about this legislation. In my ing on the size of their business. a piece of legislation, a bipartisan year and a half here I have not seen For middle-class America, they are piece of legislation on tax fairness and that on anything. clearly going to save. Their rates will simplification. We have Republicans and Democrats be lower, which means their cash out of There is one thing I hear a lot about who are looking at it positively. We their pocket will be less to the IRS, when I go back home and when I was have business groups that look at it meaning the IRS is not reaching in running for office, when I was mayor, positively because it lessens their bur- there, not only in your front pocket and serving in our city government— den and allows them to reinvest in but your back pocket. They will have how do you simplify the process of their businesses, to grow this economy. less capacity to do that. taxes, making them fairer for the mid- It reduces the deficit, which I know Tell me, I hope I am right on this and dle class. Senator WYDEN, myself, and others— I do not want to mislead—the public is For all my time prior to serving in like yourself, Mr. President—are con- watching—but also make sure I am the Senate, I have thought about these cerned about—the growing deficit and correct. ideas and ways we can move forward. the burden it may lay onto future gen- Mr. WYDEN. I thank my colleague. I When I was mayor, we simplified the erations. especially appreciate his kind words business taxes for our small businesses, But it also has true tax reduction, about a piece of legislation Senator making it easier and simpler, lowering tax relief for the middle class and busi- GREGG and I sat for the better part of their tax burden, for our residents nesses. When you see something such 2 years working on. I think everyone doing the same thing. as that—and, by the way, you can also appreciates colleagues supporting their Here I am in the Senate and I look at do this in one page, a one-page return. legislation. I appreciate the Senator’s lots of legislation every day, as I know When you hear those kinds of things, kind words. you do, Mr. President, and I know the those claims, you are wondering, What I think he is right with respect to the Senator from Oregon does. We see all is the catch? What does the small print relief, and colleagues will see that, sorts of ideas created and put on the say? What are you going to get hooked whether it is the Heritage organization table, and one which intrigued me was into and pay a pretty good price for or the Brookings Institution or the the Wyden-Gregg bill, which is focused later? We have been going through it, I various analyses that have been done on simplifying the tax paperwork mill, have been going through it. Actually by other groups. But I think it is espe- I call it, that we are subjected to every when you first introduced it before I cially important, even apart from our single year as individuals; the mound was a Senator, I looked at this legisla- piece of legislation, that we get at the of paper we have to fill out not only as tion when I campaigned. Here I am now central question the Senator’s talking an individual but as a small business- in the Senate with a chance to partici- about, which is, the current tax system person trying to go through the rules pate, to see what we can do to accel- is broken. It is broken, and we are not and regulations and what is a reason- erate this. going to get the country where we need able amount of taxation that we should We are going to talk a lot about the to go by just kind of tinkering here and pay; also, the complicated system in tax extender bill and other tax issues tinkering there. what is owed or hopefully refunded in the future. But my view is it is time I wish to give a couple examples be- back to us because we overpaid the to reform the system. The system is cause I think the central question is, IRS. broken. The middle class is paying Are we going to make a break with a As I looked at a lot of different ideas, higher than they should. Small busi- broken system and look forward or are I have to tell you this idea—as we de- nesses are burdened with incredible pa- we going to do what has been done year bate here on the floor a small business perwork and increased costs. It is time after year after year, which is to just plan, small business ideas—sooner or that we reform the system and do to tinker with a broken system and later we will debate the Bush tax cuts something that is dramatic and makes cause more problems? and what we will do with those. To me, a difference. Here is the heart of it. What we are there is a simpler solution when it Today it is an honor to be down here. seeing today is that every few years comes to issues of taxation, what we Senator WYDEN, I hope doesn’t mind; I there are thousands of changes in tax are going to do lowering the tax burden have extracted off of every piece of his law. So that means all the small busi- on small business, lowering the tax Web site every document related to nesses—and you were a small business burden on the middle class, and simpli- this, the research to understand it, to leader before you came to the Senate— fying it. Today there are so many dif- make sure I do not see that small print all those small businesses, trying to ferent things we have to worry about that later I might regret. So far what I compete in the tough global market, and focus on: multiple retirement ac- have seen is small print, big print, that incredibly competitive markets, do not counts we are trying to balance, trying I do not regret and that is why a few even have any certainty and predict- to figure out who is a dependent, who weeks ago I cosponsored the legislation ability of what is ahead. They are not is not, doing our returns—how to sim- to be one of those who joined the team, in a position to be able to know what plify this so our life is less burdened by to move us forward to real reform. the Federal Government and particu- the IRS. I know when I joined, Senator Bob larly the IRS is going do in terms of I want to first commend Senator Bennett from Utah also joined on— taxes, and that drains additional WYDEN and Senator GREGG for their again, focused on the same issues we chances for them to make changes in

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.045 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6491 their production, in their workplace, the Nation’s largest, requiring a full- terests kind of run the show or we can productivity areas. It defies common time effort of 3.8 million people to get turn it back to the American people by sense. So the fact that there are these done that 7.6 billion hours. helping them keep more money in thousands of changes every few years, The cost of compliance is jaw-drop- their pockets, helping small business in my view, is very antibusiness, and ping, $200 billion a year, 15 percent of keep more money in their pockets. Let particularly antismall business. all tax revenue the IRS collects each them invest in the economy, as the Then, the second point that the Sen- year. So the point of this is, we are at data that I have seen around this can ator touched on deals with individuals. a fork in the road. We can either look show, that over a 10-year spread, you The reality is, today, the current tax to the kind of approach that a Repub- will add over $2 trillion to the GDP, system is so complicated that most lican President, Ronald Reagan, and a based on small business reinvesting Americans do not even know when a number of Democrats talked about those dollars instead of the IRS grab- tax break has been extended to them. one-quarter century ago and move in bing them from them. The Senator and I have talked about and drain the swamp, Democrats and This is a positive step. I do think, I it. It seems to me Senator BEGICH made Republicans together, taking on these hope as our colleagues—a couple of the central point here. In the stimulus special interest groups that have hi- them are on the floor and we will stop legislation, in the Recovery Act, there jacked the Tax Code or the Congress in a second so they can get their time were $300 billion worth of tax cuts put can continue, as Senator BEGICH has to do their presentations. But I know into that legislation—$300 billion said, to keep fiddling with one provi- and I hope other colleagues are watch- worth of tax cuts. If we left today and sion or another, making the Tax Code ing and listening because this is a mo- walked the streets in Anchorage or even more complicated, running what ment maybe in this body that we can Portland or Gresham or wherever and amounts to a full employment program actually do some significant reform in asked people about the stimulus legis- for tax preparers or we can take steps a bipartisan way. lation, people would know virtually that will make the code fairer and I do not sit on Banking. I do not sit nothing about any tax incentives. more progrowth. on Finance. Some people have asked Mr. BEGICH. If I may interject. I also think it is worth noting that in me: Well, if you are not on those com- Mr. WYDEN. Please. the last round of tinkering, 2001 and mittees, why are you interested in Mr. BEGICH. That is actually right. 2003, for much of that period we had this? Well, simply because it has a sim- One thing I thought, wow, $300 billion stagnant economic growth. So we were plification of the tax return system. It tax relief, predominately for middle- not doing what the country needed in lowers middle-class taxes and those on class America. I thought my phone terms of fairness for the middle class, small business. That is what drives this would be ringing off the hook with peo- nor was the country doing what was es- economy. That is what we should be fo- ple saying: Wow, what a great relief. If sential in terms of promoting more cused on. we got 1 e-mail on this out of the 1,000 high-skill, high-wage jobs. So I credit these Senators for step- or so e-mails and phone calls we get You and I know, for example, if you ping up, kind of plowing the field in a every single week, I would be surprised. take away the tax breaks for shipping way. I am a latecomer to this. But I am Because, as the Senator said, it is a jobs overseas, you can use that money going to be one of those who is taking complicated system we have, and when to lower the cost to manufacture in that plow and putting a high-speed en- we do relief, no one will even notice it. this country. I see Senator CASEY. He gine on it so we can keep plowing more That is why I was so attracted to Sen- comes from the State of Pennsylvania. and getting more folks, hopefully, on ator WYDEN and Senator GREGG’s pro- He has done terrific work because I board. So, at the end of the day, the posal, because it is reform. It is chang- have heard him on the floor talking American people can look at this Con- ing the system for the better. It is en- about the importance of manufac- gress, Republicans and Democrats, and suring that middle-class America, turing. say: They did something that reformed making sure small businesses benefit. This is one of the issues relating to the system, made it simpler in our That is when I was shocked, actually. the question of tax reform. Right now lives, saved the middle-class taxpayer I know if I was back in the mayor’s of- there are tax breaks in the code that money and improved and lowered the fice when we did the small business re- reward companies for closing U.S. oper- taxes for small business. lief, making sure 90-plus percent of our ations and moving them overseas. Why Now the business economy is hum- small businesses did not have to fill would not Democrats and Republicans ming along and investing those dollars out the paperwork anymore and got re- want to go to a more simple system, as to grow this economy and keeping lief, I heard from them because they Senator BEGICH is talking about? That those jobs right here in the country. were very appreciative because they would be in the interest of fairness for So thank you for allowing us a few could reinvest it. But we made it real all but also one that is likely to create minutes to, hopefully, start to engage because we reformed it, not just tin- more good-paying manufacturing jobs the Congress as we move into tinkering kered with it as you talk about how in Pennsylvania and other parts of the with the Tax Code, so we do something the past Congresses have done. country, by taking away the tax break different and we reform the Tax Code Mr. WYDEN. The other aspect of the for shipping the jobs overseas and use for the betterment of this country. Recovery Act, I think, that reaffirms those dollars to hold down costs for The PRESIDING OFFICER (Mr. this point with respect to the com- manufacturing red, white, and blue FRANKEN). The Senator from Kansas is plexity is the Internal Revenue Service here in the United States. So I am very recognized. puts out what they call their annual much appreciate Senator BEGICH tak- AVIATION SUBSIDIZATION ‘‘oops’’ list. This is the list of the 10 ing this time. He has been awfully kind Mr. BROWNBACK. Mr. President, I most common mistakes made by tax- with us. I appreciate the kind words appreciate the discussion I was hear- payers when filing. The ‘‘oops’’ list re- about the bill and having him on it. ing. I would also like to draw attention leased this past March included, for ex- But I especially appreciate him out- to an issue that I think is about the ample, one of the principal credits in lining what this problem is all about in most important to our Nation. We re- the Recovery Act because people sim- terms of starting—with getting beyond cently won a major trade case against ply were unable to figure out how to the tinkering and the complexity to the European Union and their sub- make it work on their 1040EZ forms. So real reform that works for all Ameri- sidization of Airbus. the fact is, the Tax Code today is any- cans. This is an effort by the European thing but an easy system. It is quite I thank my friend. Union, over a period of 30 years, to buy the opposite. Mr. BEGICH. To the Senator from their way into the large commercial To further support the point with re- Oregon, I will close and say thank you aviation marketplace. They did so. spect to the complexity, this year indi- very much. It is kind of like the Sen- They did so successfully. They drove viduals and businesses are going to ator said, a fork in the road. It is a mo- out two major U.S. competitors, spend 10.6 billion hours to comply with ment. We can continue to do business McDonnell-Douglas, Lockheed-Martin, the code. If the tax compliance sector as usual, tinker with it a little bit drove them out completely. They do were an industry, it would be one of here, a little bit there, have special in- not even make those big jet airliners

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.047 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6492 CONGRESSIONAL RECORD — SENATE July 29, 2010 anymore, and they had Boeing on the McDonnell-Douglas did not and were percent international sales. Inter- ropes. driven out of the field. My great fear in national sales helped us a lot because Airbus took more than half the mar- this targeting of general aviation, of previously we sold 90, 95 percent of the ket share globally in the large airliner the smaller business aircraft market, is market domestically, so that’s a nice business. The U.S. Trade Representa- that they are going to have countries expansion in the international market- tive’s office, over a couple different ad- behind them, companies in those coun- place. ministrations, pursued Airbus’s sub- tries are going to push forward and Since that period, 2007 moving for- sidization. We just won this case, a they are going to take the market ward, this has been a downward mar- multibillion dollar trade subsidy case share away and they are going to be ket. In that period, Embraer has moved that we won against the Europeans and aggressive and it is going to happen up to 14 percent and introduced a whole their subsidization of Airbus, taking rapidly if we do not get out in front of new cross-section of planes. As some- market share in the large commercial it and stop these other countries from one who has seen similar signs in the airliner business in an illegal fashion, doing this subsidization. past that were later proven to be the illegally subsidized. It is absolutely critical to engage result of illegal subsidization of air- Now we will go into the damage and this competition now, that we stop it craft by the EU, this activity by remedy phase. But we won the case, now, that we start the investigation of Embraer and the Brazilian Government and it is a massive case. The reason I foreign governments’ illegal subsidiza- and growing market control does not am raising this to my colleagues, my tion in the general aviation market seem possible without heavy and cre- colleagues all know about, is a similar now, and that we get on top of this ative government support across the setting is starting in the small aircraft now, before it goes on 10, 20 years, as it board. It does not seem possible to market, general aviation market. It is did with Airbus, and we drive U.S. busi- have done that in this market condi- starting in the business jets, the small nesses out of the field. tion, in this atmosphere, in that short airplane business. One country in particular I wish to a period of time by a new startup com- This is a U.S. homegrown business, it draw attention to, and one company. pany that hasn’t been making these is centered in my State in Kansas. It is The country in particular is Brazil. It aircraft for more than 7 years. That a great business. It provides connection has made a strong commitment to ex- was the similar sort of trajectory Air- throughout this country and increas- panding its presence in this market, bus went on when it had heavy and cre- ingly throughout the world. There are the general aviation market, through ative government subsidization to go 5,000 airports in the United States; Embraer, one of Brazil’s largest export- into a marketplace they had not been only 500 of them have commercial serv- ers and employers. Embraer has made anywhere close to in the past. That’s ice. it a strategic focus and publicly stated seven years, now 14 percent of the mar- So the other 4,500, I guess you ride a its goal in 2005 to become ‘‘a major ket share by Embraer, starting from a bike to if you do not have a business player in the business aviation market dead start. There is heavy illegal sub- jet or an airplane to get people there. by 2015.’’ That was their statement in sidization. Eighty-six percent of the passengers on 2005, so they are 5 years away. I urge the President to look into this those business jets or airplanes are How have they done? After entering matter through the U.S. Trade Rep- mid-level sales, engineers. They make the business aviation market in 2002, resentative’s Office, the International connections in between their various Embraer has been involved in a mas- Trade Commission, to start an inves- properties as the company operates. sive program to develop aircraft for tigation into what I believe is illegal They make them much more efficient this market segment. They have expe- subsidization. Let’s get the factual set- within that business. rienced unbelievable growth and have ting established. But what is taking place today is rolled out a full product line of new We now see what they have accom- this homegrown general aviation busi- jets, including the Phenom 100 and 300, plished in this period, I believe, ness in the United States that is a the Legacy 600 and 650, and the Lineage through illegal subsidization. We need major exporter, recently cited by a 1000. Beyond the staggering numbers of to get the International Trade Com- major study by Brookings that this is a models Embraer has introduced since mission and the U.S. Trade Representa- major export cluster, 40 percent export 2002—in 8 years that number of product tive’s Office focused on what needs to that we do in general aviation, the introduction—it is now responsible for take place; otherwise, what will happen small business jet-airplane market is around 14 percent of all global sales of is Embraer will continue to grow in its now under targeted attack by other business aircraft. market presence, taking over more and countries to take this business away Again, this is a U.S. homegrown busi- more of the global and U.S. domestic from the United States, the same way ness. This business didn’t exist outside market. It will drive weaker incum- Airbus, subsidized by the European of the United States before we started bents out of the field in the United Union, took that market share away it many years ago. It is headquartered States, as happened in the large avia- from the United States. in my State in Wichita, the air capital tion market. We will lose export share. Instead of going after the big air- of the world. What they have done It will encourage other entrants such liners, they are going after the small since 2002 is get 14 percent of the mar- as the Chinese to come into this mar- jets, the small airplanes. Several coun- ket share from a start position, a cold ketplace, possibly the Japanese as well tries are lining up to do this. This is start position. This is quite an unbe- in subsidized ways, illegal government one of the major challenges facing gen- lievable feat for a company that has subsidization into this marketplace eral aviation domestically—foreign only been manufacturing business avia- that has high-wage, high-skill manu- countries targeting this industry, tion for a little over 7 years. That is facturing jobs that we should be doing which has high-wage, high-scale manu- phenomenal. It also, I suspect, was in the United States and not allow to facturing sets of jobs. Various govern- done illegally and subsidized by the be stolen by foreign treasuries to other ments around the world are lining up government. At the same time, places around the world. and preparing programs with various Embraer continues full speed ahead to- We have to do this and get in it be- means of support for their domestic ward its goal of being a major player in fore they do what Airbus and the EU aircraft industries, in research and de- the business aviation market. did to the large market which is to velopment, sales and export financing, U.S. manufacturers during this same drive Lockheed Martin and McDonnell as well as certification of new aircraft, period have had to delay or cancel new Douglas out of the business. While we very similar to what took place in Air- program starts due to challenging mar- were sitting here saying: We think bus taking over that market share that ket conditions. I don’t need to remind maybe there is a problem, there might they did. Members what has happened since 2008. be a problem, there was a huge prob- In that situation, you had large com- It has been a horrific market condi- lem, a huge illegal subsidization by the panies fighting against a government tion. In my State, we have had huge Europeans. But we didn’t get on top of operation, and they had, in some cases, job losses and sales in the business it until two major U.S. companies were deep enough pocketbooks to last, such aviation field since 2008. We had a nice completely driven out of the business. as Boeing did. Lockheed-Martin, period going into 2007. We were up to 40 Let’s not let this be repeated.

VerDate Mar 15 2010 01:10 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.048 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6493 As my colleague from Kentucky effect, the disclosure would be made to eral regulations that promoted respon- loves to say: There is no education in the public itself. This provision would sible development did not exist. We the second kick of a mule. We have also require disclosure of a proprietary know that history. We know it all too seen this play before. We have seen formula or chemical constituents to a well. We cannot make those mistakes countries go after key market seg- treating physician or nurse in an emer- again in Pennsylvania or anywhere ments in the United States. If we are gency situation. That is a narrow ex- around the country when it comes to not aggressive in confronting it, it goes ception to the general disclosure rule. the benefit and the burden of having a on until we do. I hope my colleagues This is about something that is criti- resource under the ground. will look at this. There are two actions cally important to the people of Penn- Natural gas has played and will con- we can take near term with the Inter- sylvania and people across the country. tinue to play an important role in our national Trade Commission, starting In order to extract the gas from the energy portfolio as we transition to a the investigation in this particular Marcellus shale which lies beneath new energy future, and we are fortu- case with the U.S. Trade Representa- large portions of Pennsylvania and sev- nate to have domestic sources to help tive’s Office, starting to raise this eral other States—of course, there is us meet our growing needs. issue, particularly with the Brazilians shale formations—the gas industry Pennsylvania will develop the natural gas in the Marcellus shale, and we but also other countries. Now is the uses a process called hydraulic frac- should. But we should also make sure time to do it, not 5 years later after turing or, by the shorthand, fracking, we develop the Marcellus shale using U.S. companies have been driven out of as it is known colloquially, whereby the best practices to protect our com- the business. about 1⁄2 million or more gallons of munities and our people. We have to I yield the floor. water, sand, and chemicals, in com- get this right. The good news is that we The PRESIDING OFFICER. The Sen- bination, are injected at very high have a lot of knowledge and informa- ator from Pennsylvania. pressures into underground rock for- tion and research and technology and CLEAN ENERGY JOBS mations to blast them open and in- good-old American ingenuity and can- Mr. CASEY. Mr. President, I rise crease the efficiency of the wells. do spirit to get it right. Those old, today to discuss a very important pro- Each well must be fracked multiple false choices we used to debate all the vision in the new Clean Energy Jobs times, really hit with that combination time years ago—about choosing jobs and Oil Company Accountability Act of sand, water and chemicals in order over the environment, about choosing just introduced by the majority leader to release the natural gas from the economic prosperity or great economic which would require public disclosure shale. Then, of course, the gas is cap- opportunity over quality of life and of hydraulic fracturing chemicals used tured and can be used as an energy health and safety—are largely part of source. in natural gas drilling. The bill itself our history. But we have to make sure The explosive growth of natural gas will have a number of important bene- we get this right. fits which I will highlight before get- wells in Pennsylvania in many inci- It is not just underground sources of ting into the issue I rose to speak dents involving some of these wells drinking water. That has been my about. highlights the urgent need—I think main concern when it comes to this This legislation will create at least that is an understatement—for disclo- issue. What happens to groundwater or 150,000 jobs and save millions of con- sure of the chemicals used in hydraulic drinking water with all of this hydrau- sumers up to $500 annually. Second, it fracturing. Pennsylvanians and people lic fracturing going on? And the EPA, will hold BP accountable. A lot of across the Nation have a right to know of course, is in the midst of a study. Americans are waiting for that ac- what is being injected into the ground But it is not just a concern I have countability. Third, it will reduce our at thousands of sites throughout the about underground sources of water. dependence on foreign oil and create up country. There have been cases where this to 550,000 jobs. Next, it will protect the Fracking fluids are believed to con- fracking fluid—again, a combination of environment by providing full funding tain toxic chemicals. These compounds chemicals and sand and water and mil- for the Land and Water Conservation are kept secret from the public as pro- lions of gallons of it in one small area, Fund over the next 5 years. Finally, prietary information. However, even in one geographic area—that those the bill will protect taxpayers from low concentrations of toxic chemicals fracking fluids have, in fact, spilled on any future oilspills. That is the overall can have adverse health and environ- the ground. bill itself. mental consequences. The language in this legislation will I wish to speak about a provision in- We all know the history of our Na- require that the natural gas industry cluded in the bill as it stands now. I tion as it relates to the extraction of a provide complete disclosure of the thank the majority leader for his lead- natural resource. Pennsylvania has a chemical composition of hydraulic ership on energy issues for many years history as well. We have developed our fracturing materials to ensure that if but especially, as our leader, for his natural resources to power the region drinking water supplies, surface wa- work on efforts to combat global and, indeed, the Nation from the first ters, or human health is compromised, warming, pollution, and certainly for commercial oil well, the Drake well the public and first responders will his leadership in putting together this near Titusville, PA, in the 1850s, to know exactly—exactly—what they are new piece of legislation. I thank him western Pennsylvania’s production of dealing with. for including important language in natural gas and, of course, most nota- The intent is not to stop hydraulic the bill as it relates to natural gas bly, Pennsylvania coal. We have used fracturing, and this disclosure lan- drilling in places such as Pennsylvania. that coal and other sources of energy guage is not going to stop it, despite The language in the bill amends the but especially coal to provide elec- what we have heard in the last couple Emergency Planning and Community tricity throughout the State and of days here in Washington and around Right-to-Know Act, which was de- throughout many States in the Nation. the country. I would categorize some of signed to help local communities pro- We have been a producer of a resource that language, some of that hysteria tect health, safety, and the environ- which has helped to light and heat the from the industry as a lot of hot air ment from chemical hazards. It would country. and not a lot of truth. The provision require well operators to disclose to Pennsylvanians are proud of that that is in this bill that relates to the the State and the public a list of the contribution. We are also proud of the fracturing process simply requires well chemicals used in each hydraulic frac- way we have been able to balance the operators to disclose what chemicals turing process, including chemical con- need for that resource and the benefit they are releasing underground in our stituents but not the proprietary with what happens to our environment environment. What is so problematic chemical formulas the companies are and our quality of life. However, before or troubling about that? Let me read so concerned about. our State did the right thing in strik- that again: requiring well operators to This bill also includes the chemical ing that balance, we did create a num- disclose what chemicals they are re- abstract service registry numbers and ber of environmental legacies that we leasing underground into our environ- material safety data sheets. If a State should not be proud of. Most were cre- ment. That is what we are talking does not have a disclosure program in ated in previous generations when Fed- about.

VerDate Mar 15 2010 02:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.049 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6494 CONGRESSIONAL RECORD — SENATE July 29, 2010 We know companies, such as big soft make sure we do everything possible to Member can think of is going to pass in drink companies, over many years— get this right—have the economic ben- this Congress, but they are going to Coke and Pepsi—have put their ingre- efits from this, the job creation poten- think this is a bill that has a lot of dients on their soda cans without re- tial, but make sure that when we are support, which it does, and they are vealing their so-called secret formula. creating jobs and enlarging a new in- going to think: This bill is going to get This is a lot more serious. This is lot dustry, we do not compromise the envi- passed, so I am going to add my amend- more serious business. So for the life of ronment and we do not threaten health ment, I am going to add my amend- me, I cannot understand—I really can- and safety. ment, I am going to add my amend- not, try as I might—why would oil and Mr. President, with that, I yield the ment. gas companies oppose this? What are floor and suggest the absence of a If we do not hurry up and get this they afraid of? If the chemical com- quorum. done—you can kill a bill in a lot of position—the chemicals that are used The PRESIDING OFFICER. The ways. One way you can kill it is put in the process are not harmful or can- clerk will call the roll. too many amendments on it and it is not compromise health and safety or The assistant editor of the Daily Di- too heavy to carry itself. The small contaminate drinking water or com- gest proceeded to call the roll. businesses do not deserve that. I said promise groundwater or put the public Ms. LANDRIEU. Madam President, I 100 times on this floor, they are al- at risk—if that is all OK, then why ask unanimous consent that the order ready carrying a heavy load. They are can’t we shine the light of disclosure for the quorum call be rescinded. carrying more regulations. They are on it? What are they opposing here or The PRESIDING OFFICER (Mrs. carrying a weakened economy. They the better question is, I guess, why? SHAHEEN). Without objection, it is so are having to lay off employees, and in Why would they oppose this kind of ordered. a small business, it is like laying off disclosure? Ms. LANDRIEU. Madam President, I family because these businesses are This is very simple—not complicated, am going to speak for some time and having to say goodbye and hand pink very simple. We do this in America. try and reengage this debate. We had slips to people they literally know well When we are getting it right, we dis- an excellent debate this morning be- and love. It is hard to fire anyone but close information to give the public tween 9:30 and 12:30 trying to find a particularly upfront, close, and per- the information they should have a way forward on a very important bill, sonal, like this is happening. right to expect about what is hap- the small business bill. This is the I want to put up one chart—the lost pening underneath the ground, under- Main Street bill we have been working business chart—to make this point. I neath their own homes or in their com- on. As you know, Madam President— know that Members are clear, but this munities. This is not a well every cou- you are a member of the Small Busi- is according to the National Employ- ple of miles. There are thousands of ness Committee—we have been work- ment Reports. This is jobs lost by firm these—thousands—across Pennsylvania ing in good faith up until the last few size. Small businesses, which are de- and a lot more across the country. In hours. It has been a good effort on both fined by businesses 500 or less—that is the next year, there will be thousands sides. I am hoping in potentially the the official definition: 81 percent of the job loss has been absorbed by small more just in Pennsylvania. next few hours we can work through So I think it is a simple matter of this because we are extremely close on businesses. They have laid off people. When people ask the question, How citizens having the right to know. You a very important bill for small busi- do we get this recovery engaged, how have heard that expression before, that nesses in America and for Main Street. do we make this recovery successful, line, that commitment we have made, I wanted to come to the floor to clar- how do we get jobs attached to the re- that value of having information—the ify a few things. Many people are fol- covery as opposed to just money—we right to know about any risks in their lowing this debate. They heard the mi- know the big businesses have money. communities. nority leader say that he was upset and We have had some good news lately. some of the Republican Members were They are sitting on it. It has been widely reported. We know Wall Street One major company has already an- upset that they had not quite gotten has money because they just paid $1.8 nounced it will voluntarily disclose hy- amendments on this bill. That is a billion in bonuses to top executives, draulic fracturing chemicals used in charge that needs an answer. the money we gave them. We know each of its wells on a well-by-well I want to go over, again, this bill and they have it. The people who do not basis. The chairman of the company, point out how many amendments are have the money are the small busi- when they made the decision, said: already included in the underlying bill nesses. It’s the right thing to do morally and ethi- that were offered by the other side, by That is what this bill is for, to help cally. . . . Republican Senators. them in many different ways, volun- Those are not my words; those are I had in the last few hours several of tarily lay out some things they can the words of the leader of Range Re- my Members on the Democratic side choose. This is not government telling sources. So if companies like that are say to me: Gee, Mary, I didn’t realize them what to do. They can choose. willing to provide some disclosure— there was so much in the bill and how They can choose to take part of the $12 now, we have to check and double- good the bill was, but I didn’t under- billion tax cuts we are providing them. check that disclosure is equivalent to stand how many Republican provisions They can file for those tax cuts. If they the disclosure we are talking about are in this bill. want to, they can get the tax cuts. here, and we will do that analysis—but I want to take a minute, because the They can apply for the lending pro- if he is speaking in that way and using minority leader has made a charge that gram. that language, I do not know what the Democrats have been heavyhanded—it Eighty-one percent of the jobs are others are all worried about. There is a does not sit well with many of us who lost by small businesses. If we want lot of worry here by the industry. have a fairly light glove here. I don’t jobs, I suggest we focus on small busi- If the development of the Marcellus think anybody watching this debate ness. That is what this bill is. For a shale and other shale formations is car- over the last couple of weeks, or even year and a half, we have been pulling ried out in a manner that fully pro- as it has gone through the iterations of this bill together. tects the environment and human the past year, can say we are trying to I want to go over how many Repub- health, then I believe the economic have a heavy hand. We are trying to lican provisions are in this bill. I do benefits for Pennsylvania and a lot of get a bill that is important to the 27 not want my Democratic colleagues to other States can be achieved without million small businesses closed, fin- get upset. I am taking some risk be- environmental costs. ished, and delivered to them. cause they could come to me and say So I hope we can kind of lower the The fact is, the longer we stay here there are more Republican proposals in rhetoric and speak forthrightly on this without coming to some terms, the this bill than Democratic proposals. issue. But I will tell you, what I have harder and harder that gets. As the 70 But we tried to be very fair. heard over the last couple, 2 days or so organizations that support this bill Again, the 7(a) loans, an increase to or over the last couple of hours is real- most certainly understand, there is a $5 million, was a Landrieu-Snowe pro- ly hysteria, and I think we have to risk because not every bill that every vision; small business trade export was

VerDate Mar 15 2010 02:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.051 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6495 a Snowe-Landrieu provision; small that Republicans put in this bill, both the plate and say it is time to close business contracting was SNOWE and in the Finance Committee and the this debate. MERKLEY, CRAPO and RISCH; small busi- Small Business Committee. We have had a year and a half to talk ness management counseling, Senator I hope no one tries to tell a reporter, and to think, and that is what the vote SNOWE took the lead on that amend- either in Washington or back home— was this morning. Every Democrat, I ment; Senators SNOWE and PRYOR took because reporters are smart. They need am extremely proud to say, voted to the lead on small business regulation to be listening, and I think they are. I say yes to Main Street. They gave a relief; Senators KERRY, SNOWE, and hope no reporter takes the line: Oh, green light to go forward. Every single MENENDEZ, the 100-percent exclusion. well, the Democrats were heavyhanded. Republican in this Chamber voted no You pay no capital gains. People on They offered us no amendments, so we against Main Street this morning, that side are talking about reducing could not possibly vote for the small which is why I am here, to try to pull capital gains from 20 percent or 15 per- business bill. up the shades here a little bit and shed cent. They are arguing it should not go We are clear that there are many Re- some light, under the guise that they up to 20 percent. This is 100 percent, publican amendments in the under- weren’t given enough amendments. zero capital gains. If you invest in a lying bill. We have made clear in the If I give them any more amendments, small business in America, you will RECORD that to get us to this point, I am going to get in trouble with the pay zero capital gains. Zero. This is a there have been any number of Repub- Democrats because I am the Demo- bipartisan amendment. lican amendments either accepted or cratic chair of the committee. I have MERKLEY and LAMAR ALEXANDER, a voted in or voted out. I have not men- given more amendments to the Repub- leader on the Republican side, the in- tioned one Democratic amendment yet. licans than I have given to my own creased deduction for small business I am thinking we are doing fine. We side. After a while, it is hard to con- expenditures; another Republican are not being heavyhanded. We are vince our side, and my Democratic col- amendment, the Snowe amendment, going right along. We have an open leagues have been so good. I have 10 extension of section 179; another bipar- vote, 12-hour debate on the Small Busi- Democrats who are dying to offer tisan amendment, Senator HATCH, Sen- ness Lending Fund, and we win with 60 amendments on this bill—and some of ator GRASSLEY, Senator INHOFE, Sen- votes. It is back in the bill because it them are relevant to the underlying ator JOHANNS, Senator BROWNBACK. is the right thing to do. bill—but they know the more time that These are Republican Senators. I know some people are opposed to it, passes the less likely it is we will get For the minority leader to say this but we have 70 organizations, including this bill passed, and they know how im- bill has not had Republican input, this the Chamber of Commerce, the Na- portant it is. is the red line. I put down all of the tional Federation of Independent Busi- I wish to say another thing about sponsors of the amendment so that the ness, Small Business Majority, manu- this, and hopefully the last about this press and the groups that are following facturers, heating and air condi- amendment situation, unless the mi- this debate can see. tioning—all sorts of organizations. I nority leader says something else—and This is probably the most bipartisan submitted for the RECORD several times he might this afternoon about amend- bill we have taken up on this floor in this long and impressive list. ments. I have in front of me, and every the last Congress and maybe in a long In addition, we have the Community reporter also has this, the unanimous time, maybe a decade. Bankers Association of Alabama, the consent agreement from last night. The leader would come to the floor community bankers of Georgia, the Senator REID offered four amend- and say: That is in the underlying bill, community bankers of Illinois, the ments—Baucus, Murray, another Bau- Senator. What we are talking about is community bankers of Kansas, the cus, and then another Reid amend- amendments on the floor. I will go community bankers of Ohio, the comment. Four. Senator MCCONNELL re- through a few Republican amendments munity bankers of Iowa—I could go on served his right to object and he did ob- that were put in on the floor. and on; the Independent Bankers of ject and then he offered eight. So that The first bill the majority leader laid America, the International Automobile is where we are. We offered four, they down was a bill that included the lend- Dealers. I don’t know how many other offered eight. ing fund. Senator SNOWE and others ob- groups we can have to step up and say: You would think, in the next few jected. A Republican objection was laid This is the right thing to do. The Trav- hours, that somebody could figure out against that bill, so the lending fund el Goods Association, the Tennessee around here how to split this baby and was taken out. That was a Republican Bankers Association, the Virginia As- do six and get it done. I am hoping that amendment. They were against the sociation of Community Banks, Na- is what we can do. We are running out lending fund. It was taken out. We had tional RV Retailers Association, Ne- of options. If six is too many, maybe to fight to put it back in. braska Independent Community Bank- we could agree to have no amendments, Then Senators SNOWE, GRASSLEY, ers. They are for this lending program. because we already have so many, and ENZI, ISAKSON, and COLLINS filed They have been sitting on the sidelines pass this good bill that is already right amendment No. 4483 which adds the watching us give money to big banks, here on the floor. I mean, we do have a SBA Recovery Act extenders to the bailing out Wall Street, bailing out big good bill already that has Republican bill. That was not in the bill. I think car manufacturers in Michigan. These and Democratic amendments in it. these are Republican Senators—Repub- small banks are sitting out there say- So the Democrats have offered four, licans SNOWE, GRASSLEY, ENZI, and ing to us: Don’t you know we are out the Republicans have offered eight. ISAKSON. The last time I checked, they here, 8,000 of us? We are ready to do our Some of them are directly germane and were Republicans. This is another job, roll up our sleeves, be a partner some are indirect. It gets a little con- amendment they got in the bill. with you, and go to work getting cap- fusing sometimes about what is direct Then Senators THUNE, JOHANNS, ital to small businesses so we can have and indirect. I am not confused about COBURN, INHOFE, and filed amendment a job-filled recovery instead of a job- farmers, but the Senator from Ken- No. 4453 to strip out the Small Business less recovery. We want a job-filled re- tucky said today he doesn’t think Lending Fund. That was agreed to. We covery. farmers are small businesses. I think have been fighting over this Small This is not about this recovery mak- there are a lot of Senators who dis- Business Lending Fund. They want to ing a few fat cats richer. This is about agree with that. They do think farmers strip it out. We are putting it back in making the middle class stronger. It is work hard, and many of them are small with support from two Republicans, about creating jobs and hope and op- business owners and operate small op- maybe more as this debate goes on. We portunity for the broad middle class. I erations. I think most people under- have two now. We won that. do not want to be part of a recovery stand that those disaster payments Then comes the substitute, the sec- that does not include that. It is not that go to farmers don’t stay in their ond one, with the SBA extenders in it worth it. pockets that long. They go to pay out and the lending fund is out. That is at So we created a fund that works with all sorts of vendors—seed companies, to least two or three amendments, in ad- our community bankers and we still pay down their tractor or their equip- dition to the underlying amendments, can’t get the Republican side to step to ment bill. I think people understand,

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.052 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6496 CONGRESSIONAL RECORD — SENATE July 29, 2010 even though it has the title ‘‘disaster in America today, and that is what Ms. LANDRIEU. For whatever rea- aid,’’ it actually is a small business people want. That is what we should son, I don’t know why. I think maybe issue. have been focused on. they think that is good politics. But I I heard the majority leader say that We have tried, in many different don’t believe it is, and I don’t think if the Republican leader objected so ways, through many different bills, but most Americans, even Republicans, much to that, even though Senator this bill has $10 billion in tax cuts to would think that is good politics. LINCOLN worked so hard to put it in, we small businesses—not to the big busi- Mr. SCHUMER. I thank my col- would take that out of this bill and nesses, not to Wall Street but to small league. find another way to do that. But that businesses. It has so many helpful pro- Ms. LANDRIEU. I see the Senator didn’t seem to be enough either. So I visions, through the Small Business from Michigan, and I yield to him. am going to say again that I am so Administration, to give small busi- Mr. LEVIN. I wonder, through the proud of the Senators who have worked nesses the support they need. Chair, if I could inquire of the chair- hard on this bill—Senator MERKLEY, Mr. SCHUMER. Madam President, man of the Small Business Com- Senator CANTWELL, Senator MURRAY, would my colleague yield for a ques- mittee—unless the majority leader is Senator BOXER, Senator SCHUMER—and tion? seeking the floor. Senator DURBIN has been down to the Ms. LANDRIEU. I would be delighted I am trying to figure out exactly why floor—both Senators from Florida. I to yield for a question. it is that the Republicans, who over Mr. SCHUMER. I would like to ask am hoping Senator LEMIEUX will do his and over say they understand that very best and I know he is continuing the chair of the Small Business Com- small business is the generator of at to work through the afternoon to talk mittee, who has done such an out- least two-thirds of jobs and maybe with his leadership, to say: Look, there standing job here, is it not true that we more—in fact, I use a figure that all are dozens of amendments already in have heard many different numbers the new jobs in this country were cre- the bill. The only amendments that and types of amendments that should ated by small businesses—but at least have been offered on the bill to date be offered? two-thirds. The Republicans, I think, Ms. LANDRIEU. Yes, it is true. believe that small businesses are the have been Republican amendments, ei- Mr. SCHUMER. Is it not true that creators and generators of these jobs. ther Republican amendments by Sen- many of the amendments the other As I understand it, organizations that ator SNOWE to take things out or put side wanted to offer had nothing to do represent small business have endorsed things in or an amendment by Senator with small business whatsoever? this bill. The Senator from Louisiana LEMIEUX to put the lending fund in, Ms. LANDRIEU. That is true. the only amendments. Mr. SCHUMER. They were not an at- has done such a great job of putting The amendment Senator LINCOLN put tempt to improve, modify or help small those together. in the bill, without a vote, we offered business but were to simply get us off But I am trying to figure out exactly to take that out to try to move this the subject? how it is that in the situation where forward. So I hope reporters here and Ms. LANDRIEU. That is true. the small business organizations—or around the country will not allow a Re- Mr. SCHUMER. Isn’t it true that yes- those purporting to represent small publican Senator to say they just terday or a day or so ago, when we did business—have supported this bill and couldn’t get to the small business bill the Citizens United bill, the minority where Republicans say, and I think be- because Democrats would not let them leader was complaining that the lead- lieve, that small businesses are the have amendments. The question is, Do ership was getting off the subject of great generators of jobs, that we are they want to get to a small business small business to go to some other sub- now in a position where, despite those bill or do they want to just continue to ject? It would seem now, at least, that things being true, the Republicans are support big business, big corporations, the other side is doing exactly that. Is not letting us proceed to a bill sup- and Wall Street? that an unfair characterization? ported by those organizations. Is that That is the question. Do they want to Ms. LANDRIEU. That is a fair char- where we are? get to Main Street? Do they want to acterization. Ms. LANDRIEU. That seems to be help Main Street? They have to show Mr. SCHUMER. Is it not true as well where we are. That is why I said I feel that by their votes—not just by their that as chair of the committee, you like I am ‘‘Alice in Wonderland,’’ be- words but by their votes. In this busi- have offered them every opportunity cause it is topsy-turvy. ness it is not words, it is actions that and all kinds of amendments and all Mr. LEVIN. I would hope the organi- matter, and the only action we have is kinds of compromises in the committee zations which purport to support small them voting no. No. I am trying to help before we got to the floor and now on business—and, by the way, the greatest them say yes. I know they want to say the floor? complaint I get when I go home, just no. That is what they think they Ms. LANDRIEU. That is absolutely about, other than the general one of should say to America: No on this, no true. where are the jobs, is that credit is not on that. I don’t think Americans want I say to the Senator, in some ways I available to small businesses that are to hear no when it comes to help for have some trepidation of continuing to creditworthy and have proven it over small business. I could be wrong, but I read this because I have had any num- and over—never missed a payment, don’t think I am. I think they want to ber of Democrats come to me and say: have contracts that provide services or hear yes. But there are more Republican provi- goods—yet can’t get credit. So let’s find a way. I am asking my sions in this bill than there are Demo- Ms. LANDRIEU. You are absolutely colleagues on the other side to look at cratic provisions in the underlying bill. correct. their list of amendments again and see That is a credit to Senator SNOWE, I Mr. LEVIN. This bill has provisions if there is some way between the num- have to say, who worked so hard and for credit to flow. The community bers of two and four and eight we can does such a good job. But to come to bankers, as I understand it, are sup- find a way to move forward to help the floor, I say to the Senator from portive of this bill. Main Street businesses. New York, that there are no Repub- Ms. LANDRIEU. Absolutely. Just so people understand, again, lican provisions in this bill, it is laugh- Mr. LEVIN. I would just hope that this bill that is pending before the Sen- able. between now and the time the majority ate—and I see the Senator from Michi- Mr. SCHUMER. So it wouldn’t seem, leader moves to reconsider that vote gan is here. I am hoping he wants to to me at least—and I am wondering that we would hear loudly and clearly speak a minute about the provision he about your opinion—to be an unfair from those organizations representing has. I am thinking in a minute we may conclusion that what is going on is not community bankers, representing have some word—I know the leadership a dispute about which amendments or small businesses. Maybe they just have is talking, and perhaps sometime in how many amendments, even the sub- to say more loudly and clearly that the next hour or so we may have some- jects of the amendments, but that they this filibuster is wrong—wrong for thing that has come together. But I don’t want to pass a small business bill Main Street, wrong for the organiza- hope the Members are focusing on the that will help create jobs, for whatever tions they represent, whether it is importance of this bill for creating jobs reason. community banks or small businesses.

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.054 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6497 If the NFIB has spoken on this already, McCaskill Risch Tester Republicans with no Democrats in- McConnell Roberts Thune and if community bankers have spoken Menendez Rockefeller Udall (CO) volved. It expands access to credit for on this, I would hope they would speak Merkley Sanders Udall (NM) small business all across America, cuts a lot more loudly and a lot more clear- Mikulski Schumer Vitter taxes for small business, and expands ly and a lot more forcefully. Murkowski Sessions Voinovich domestic and foreign markets for small Nelson (NE) Shaheen Warner This is the big job creator where I Nelson (FL) Shelby Webb business. This has the potential of cre- come from. I would just hope we would Pryor Snowe Whitehouse ating hundreds of thousands of jobs. hear more clearly and forcefully from Reed (RI) Specter Wicker The reason for that is that most jobs in those organizations between now and Reid (NV) Stabenow Wyden America are small business jobs. Two- the time the majority leader offers a The PRESIDING OFFICER. A thirds of the jobs lost in America have motion to reconsider. quorum is not present. been from small business. Ms. LANDRIEU. Well, through the Mr. REID. Madam President, I move As I indicated today, I was dis- Chair, I thank the Senator from Michi- to instruct the Sergeant at Arms to re- appointed that my friends on the other gan because he is absolutely right. This quest the presence of absent Senators, side of the aisle have not been willing is the wrong bill to filibuster. I mean, and I ask for the yeas and nays. to work with us. It seems to me the you may get political points by filibus- The PRESIDING OFFICER. Is there a goalposts were moved often, but I have tering other issues, but to filibuster a sufficient second? been here a while and I understand how small business bill, to filibuster a Main There is a sufficient second. things work. The question is on agreeing to the Last week, they requested; that is, Street bill is not the way forward. motion. the Republicans, that we give them Again, I cannot stand here and allow The clerk will call the roll. votes on three amendments. any Member of the other side to say The legislative clerk called the roll. We all know what they are now. there haven’t been Republican amend- Mr. DURBIN. I announce that the GRASSLEY has an amendment dealing ments that have been accepted, offered. Senator from Washington (Mrs. MUR- with biodiesel. HATCH has an amend- We have done everything to the point RAY) is necessarily absent. ment dealing with research and devel- where there are almost more Repub- Mr. KYL. The following Senators are opment. JOHANNS has an amendment to lican provisions than there are Demo- necessarily absent: the Senator from repeal the corporate reporting require- cratic provisions in the bill, which is Texas (Mrs. HUTCHISON), the Senator ment. completely paid for and provides a $12 from Wyoming (Mr. ENZI), the Senator Earlier today, I propounded a unani- billion tax cut today. from Oklahoma (Mr. INHOFE), the Sen- mous consent request where we took I see the majority leader, and I will ator from New Hampshire (Mr. GREGG), out of the bill the issue relating to ag- yield the floor in just 30 seconds, but I the Senator from Oklahoma (Mr. ricultural disaster and that we would wish to repeat one thing that is worth COBURN), and the Senator from Kansas have the three votes I mentioned and repeating. The Senator from Michigan (Mr. BROWNBACK). we would have Democratic amend- was a cosponsor of this. For 10 years, The result was announced—yeas 70, ments that would be opposite those, independent entrepreneurs, sole entre- nays 23, as follows: three in number. There was an objec- preneurs—and there are 20 million of [Rollcall Vote No. 222 Leg.] tion. I cannot understand why they, them in America—have begged and YEAS—70 my friends on the Republican side, can- pleaded to be on the same parity with not take yes for an answer. It tells me Akaka Franken Mikulski big corporations so they could get a lit- Baucus Gillibrand Nelson (NE) and I think the American public that it tle bit of a break on their health insur- Bayh Goodwin Nelson (FL) is more about something than getting ance. This is a big issue for 20 million Begich Grassley Pryor votes. It seems they think it is more Bennet Hagan Reed important to say no to votes on Demo- Americans. You know where it is? In Bingaman Harkin Reid cratic amendments than say yes to this bill. Two billion dollars will leave Boxer Hatch Rockefeller the Federal Treasury and go into the Brown (MA) Inouye Sanders helping small business. But I under- Brown (OH) Isakson pockets of every independent entre- Schumer stand where we are, and I am working Burr Johnson Shaheen preneur in America, and that side is Burris Kaufman very hard. standing in the way of that. I hope the Cantwell Kerry Shelby I have had a number of conversations Snowe reporters are following this carefully Cardin Klobuchar with my friends on the other side of Carper Kohl Specter the aisle about a couple of amendments because the details are important. Casey Landrieu Stabenow I thank the Senator from Michigan, Cochran Lautenberg Tester we have that we want to be voted on in and I see the majority leader on the Conrad Leahy Udall (CO) opposition to the amendments offered Corker Levin Udall (NM) by my friends on the other side of the floor. I think he may have a word or Dodd Lieberman Voinovich two to say. aisle. A number of Republicans do not Dorgan Lincoln Warner want to vote on those amendments as I suggest the absence of a quorum. Durbin Lugar Webb it relates to small business. I think The PRESIDING OFFICER. The Ensign McCaskill Whitehouse Feingold Menendez Wyden that is unreasonable, but that is me. I clerk will call the roll. Feinstein Merkley accept their view that it is not unrea- The legislative clerk proceeded to NAYS—23 sonable. call the roll and the following Senators Alexander Crapo Murkowski As I have talked with the Republican entered the Chamber and answered to Barrasso DeMint Risch leader and a number of other people, I their names. Bennett Graham Roberts am going to try my utmost—and I [Quorum No. 4 Leg.] Bond Johanns Sessions think I figured a way to do that—to get Bunning Kyl Thune Akaka Chambliss Harkin Chambliss LeMieux Vitter the two amendments my friends did Alexander Cochran Hatch Collins McCain Wicker not want to vote on as relates to small Barrasso Collins Inouye Cornyn McConnell Baucus Conrad Isakson business off this bill. I am going to do Bayh Corker Johanns NOT VOTING—7 everything I can to do that in the near, Begich Cornyn Johnson Brownback Gregg Murray foreseeable future. Bennet (CO) Crapo Kaufman Coburn Hutchison But I say to everyone here: Let’s Bennett (UT) DeMint Kerry Enzi Inhofe Bingaman Dodd Klobuchar take a little time over the next couple Bond Dorgan Kohl The motion was agreed to. of days to kind of cool down. This is Boxer Durbin Kyl The PRESIDING OFFICER. A important. I know we have argued and Brown (MA) Ensign Landrieu quorum is present. scrapped, as my friend the Republican Brown (OH) Feingold Lautenberg Bunning Feinstein Leahy The majority leader is recognized. leader said, a lot of the time during Burr Franken LeMieux Mr. REID. We have before us the this year. But let’s do this legislation. Burris Gillibrand Levin small business bill we have worked on This is not a victory, if we can get this Cantwell Goodwin Lieberman so hard. As I went through the bill done, for the Democrats. This is not a Cardin Graham Lincoln Carper Grassley Lugar today, virtually every provision in this defeat for the Republicans. It is a vic- Casey Hagan McCain is bipartisan, except some are strictly tory for Democrats and Republicans

VerDate Mar 15 2010 02:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.055 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6498 CONGRESSIONAL RECORD — SENATE July 29, 2010 and Independents and the people who on the other side of the aisle said: How The PRESIDING OFFICER. Without supply most of the jobs in America many times do we have to vote on what objection, it is so ordered. today—small businesses. That is why, you propose to vote on? Not nearly as The amendment is as follows: if one can imagine, the chamber of many times as this Sessions amend- At the end of the amendment, insert the commerce supports this bill. They are ment. There has been a general agree- following. in favor of the Johanns amendment, ment between the Republican leader The provisions of this Act shall become ef- and I accept that. When I was here this and myself that we are going to wind fective 5 days after enactment. morning, 80 organizations supported up there basically anyway. I under- CLOTURE MOTION this bill. We are now well over 100. This stand he has people he has to satisfy on Mr. REID. Mr. President, I have a has gotten traction. his side of the aisle. I do my best to cloture motion on the motion to con- This is something we should do. This satisfy people over here. But I have to cur at the desk. I ask that it be stated. is good legislation. It would set a very respectfully object. The PRESIDING OFFICER. The clo- good tone before we leave for the Au- The PRESIDING OFFICER. The mature motion having been presented gust recess to do this bill because by jority leader has declined to accept the under rule XXII, the Chair directs the the time we come back in September, Republican leader’s modification of his clerk to read the motion. there would actually be some jobs cre- request. The legislative clerk read as follows: ated as a result. Is there objection to the majority CLOTURE MOTION I renew my request that I made this leader’s request? We, the undersigned Senators, in accord- morning. I am not going to read this Mr. MCCONNELL. I object. ance with the provisions of rule XXII of the again. My request this morning was The PRESIDING OFFICER. Objec- Standing Rules of the Senate, hereby move that we will take out the disaster re- tion is heard. to bring to a close debate on the motion to lief, and they, the Republicans, can f concur in the House amendment to the Sen- have their three amendments. We will ate amendment to H.R. 1586, an act to mod- FAA AIR TRANSPORTATION MOD- ernize the air traffic control system, improve have our three amendments. That is ERNIZATION AND SAFETY IM- the safety, reliability, and availability of my request. I renew that request. PROVEMENT ACT transportation by air in the United States, The PRESIDING OFFICER. Is there provide for modernization of the air traffic objection? Mr. REID. Madam President, I ask control system, reauthorize the Federal Mr. MCCONNELL. Madam President, the Chair to lay before the Senate a Aviation Administration, and for other pur- reserving the right to object, I think message from the House with respect poses, with amendment No. 4567. we are making some real headway. I to H.R. 1586. Harry Reid, Max Baucus, Charles E. appreciate the majority leader taking The PRESIDING OFFICER laid be- Schumer, Edward E. Kaufman, Barbara out basically the appropriations meas- fore the Senate the following message Boxer, Roland W. Burris, Tom Udall, from the House of Representatives: Robert P. Casey, Jr., Mark Begich, ures. One was in the underlying bill Patrick J. Leahy, Jack Reed, John F. Resolved, That the House agree to the and the others were going to be offered Kerry, Richard J. Durbin, Sheldon amendment of the Senate to the title of the as amendments. Whitehouse, Amy Klobuchar, Tom Har- bill (H.R. 1586) entitled ‘‘An Act to impose an I had not originally intended to offer kin, Al Franken, Daniel K. Akaka, additional tax on bonuses received from cer- Maria Cantwell. a counter UC, but in order to reassure tain TARP recipients’’ with the House everyone—I know there is support on amendment to the Senate amendment. Mr. REID. Mr. President, I ask unan- our side of the aisle if we can get it MOTION TO CONCUR WITH AMENDMENT NO. 4567 imous consent that the mandatory right—I offer a counter UC which I sup- Mr. REID. Mr. President, I move to quorum be waived. pose will be objected to, as I will object The PRESIDING OFFICER. Without concur in the House amendment to the to the majority leader’s, for the after- objection, it is so ordered. Senate amendment to H.R. 1586 with an noon. MOTION TO REFER WITH AMENDMENT NO. 4569 But I want to underscore what he amendment, which is at the desk. The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, I have a said, which is I do think we are getting BURRIS). The clerk will report. motion to refer with instructions at closer to getting back to the original The assistant legislative clerk read the desk. I ask that it be stated. bill which started off on a pretty as follows: The PRESIDING OFFICER. The strong bipartisan basis and then The Senator from Nevada [Mr. REID], for clerk will report. seemed to deteriorate over the course Mrs. MURRAY, for herself, Mr. HARKIN, Mr. The assistant legislative clerk read of the last month. In fact, we turned to REID, and Mr. SCHUMER, proposes an amend- as follows: the bill on June 24 and left it six times ment numbered 4567. The Senator from Nevada [Mr. REID] moves between then and now. Mr. REID. Mr. President, I ask unan- to refer the House message to the Senate Ap- Having said all that, I think we are imous consent that the reading of the propriations Committee with instructions to heading back in the right direction. amendment be dispensed with. report back forthwith, with an amendment Madam President, I ask unanimous The PRESIDING OFFICER. Without numbered 4569. consent that the cloture motions with objection, it is so ordered. The amendment is as follows: respect to the small business sub- (The amendment is printed in today’s At the end insert the following: stitute and the bill be vitiated. I fur- RECORD under ‘‘Text of Amendments.’’) The Appropriations Committee is re- ther ask unanimous consent that the Mr. REID. I ask for the yeas and quested to study the impact of any delay in following amendments be the only nays. providing funding to educators across the amendments in order to the Reid sub- The PRESIDING OFFICER. Is there a country. stitute, and there are four: Johanns sufficient second? Mr. REID. I ask for the yeas and amendment No. 1099, repeal; Hatch, There appears to be a sufficient sec- nays. R&D; Grassley, biodiesel; Sessions, ond. The PRESIDING OFFICER. Is there a spending caps. I further ask unanimous The yeas and nays were ordered. sufficient second? consent that it be in order for the ma- AMENDMENT NO. 4568 TO AMENDMENT NO. 4567 There is a sufficient second. jority to offer relevant side-by-sides Mr. REID. Mr. President, I have a The yeas and nays were ordered. limited to the subject matter of the second-degree amendment at the desk. AMENDMENT NO. 4570 above-listed amendments. And, as I The PRESIDING OFFICER. The Mr. REID. Mr. President, I have an said last night, we are prepared to clerk will report. amendment to the instructions at the enter into reasonable time agreements The assistant legislative clerk read desk. on each of these amendments. as follows: The PRESIDING OFFICER. The Mr. REID. Reserving the right to ob- The Senator from Nevada [Mr. REID] pro- clerk will report. ject to my friend’s proposal, I have to poses an amendment numbered 4568 to The assistant legislative clerk read smile, even though I have not smiled a amendment No. 4567. as follows: lot today. On the Sessions amendment, Mr. REID. Mr. President, I ask unan- The Senator from Nevada [Mr. REID] pro- how many times do we have to vote on imous consent that the reading of the poses an amendment numbered 4570 to the it? How many times? One of my friends amendment be dispensed with. instructions to the motion to refer.

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.066 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6499 The amendment is as follows: disasters, Congress must first find a What we have had before this Cham- At the end, insert the following: way to pay for this increased spending ber is a bill that is very important to ‘‘and include any data on the impact on just like many of the other handouts putting the American economy back on local school districts’’ included in this bill. That is why many track. Lots of folks have looked at the Mr. REID. I ask for the yeas and of my colleagues had hoped to offer various chokepoints in our economy, nays. amendments, including an amendment and so many have found that one of the The PRESIDING OFFICER. Is there a to extend expiring tax breaks for small critical issues is the access to lending sufficient second? business owners, an amendment to by small businesses. That is a key pro- There is a sufficient second. eliminate the death tax, and an amend- vision in the bill before us—the ability The yeas and nays were ordered. ment to make permanent the tax cred- to capitalize healthy community banks AMENDMENT NO. 4571 TO AMENDMENT NO. 4570 it for research and development—just so they can make funds available to Mr. REID. Mr. President, I have a to name a few. Unfortunately, the ma- small businesses so small businesses second-degree amendment at the desk. jority prevented us from offering those can seize opportunities and put Ameri- The PRESIDING OFFICER. The important amendments. cans back to work. clerk will report. I had planned to offer an amendment There are many other terrific provi- The assistant legislative clerk read on border security that would have sions in this small business jobs bill. as follows: helped generate sales tax revenue for They include, for example, a capital border towns. The amendment would The Senator from Nevada [Mr. REID] pro- gains tax holiday that will assist small poses an amendment numbered 4571 to have added an additional 6,000 new Cus- businesses. It includes a whole number amendment No. 4570. tom and Border Protection agents and of provisions, in fact, that stack up to The amendment is as follows: officers to secure the border and to en- $12 billion in tax reductions for small sure that those seeking to cross our At the end, insert the following: businesses. ‘‘and the impact on the local community’’ borders legally at our ports of entry are able to do so without unnecessary This bill came to this floor in a bi- Mr. MCCAIN. Mr. President, I op- wait times. There are frequent, often partisan way, with many provisions posed the motion to invoke cloture on excessive wait times in the northbound that were Republican provisions, some the small business lending bill for sev- lanes at the DeConcini/Port of Entry in that were Democratic provisions, bi- eral reasons, with the foremost being Nogales. The economy of Nogales, AZ, partisan support out of committee. It that it had become a vehicle for petty is heavily dependent on cross border is before us now, and the question partisanship rather than a serious ef- traffic, with the majority of the city’s throughout this day has been this: Are fort to extend a much-needed helping sales tax revenue generated by shop- the Republicans blocking this support hand to America’s small businesses. pers from Mexico. The long wait times for small businesses because they are The manner in which this bill has to cross the border are having real, ad- opposed to helping small businesses been deliberated in the Senate has been verse effects on the economy of and want to drive this economy back both frustrating and disappinting to Nogales. Securing our borders should into a double-dip recession or do they say the very least. The majority leader be the top priority of CBP and that the have a legitimate concern that they has brought this bill up for consider- drug related violence that threatens should get a chance to offer amend- ation and then moved off of it to con- our border communities must be comments on the floor of the Senate? sider other matters no less than six bated with all available resources. To put that issue to rest, our major- times since June 24. Furthermore, he With that said, businesses and law ity leader made the following proposal: has offered at least three different sub- abiding citizens should be able to cross Our colleagues across the aisle would stitute amendments—each time filling the border in an efficient manner. get three amendments. The Democrats the amendment tree and filing clo- Our economic recovery and the cre- on this side of the aisle would get three ture—effectively choking off debate ation of new jobs are the most impor- amendments. Both sides get to choose and prohibiting my colleagues and me tant issues facing our nation today. We the amendments they want to bring on this side of the aisle from offering have an unemployment rate of 9.5 per- forward. That is a legitimate debate amendments. cent and we need to do all that we can about small business. That gives every- This should not be a partisan bill. In to help our small businesses thrive. It body a chance to weigh in. That cer- fact, as originally introduced, this is my sincere hope that we can end the tainly addresses any procedural issue. measure enjoyed broad bipartisan sup- partisan bickering and reach an agree- What was the response of the Repub- port. The original version of this bill ment that will give our small busi- lican leadership? The Republican lead- included many positive provisions. For nesses the tools necessary to create ership responded and said: No, we want example, it included a number of tax jobs. four amendments, and we also want to provisions that had been championed f control what the Democratic amend- by both Republican and Democrats ments are. In other words, we want to MORNING BUSINESS which both sides believed would help have the say on eight amendments small businesses create new jobs. Mr. REID. Mr. President, unless my while the Democrats choose none. The $30 billion fund contained in this friend the Republican leader has an ob- Of course, it becomes very clear: The bill was supposedly designed to provide jection, I ask unanimous consent that Republican intent is not to have a de- capital to community banks and give there now be a period for the trans- bate about taking our Nation forward them incentives to make loans to action of morning business, with Sen- and getting out of recession; it is to small business owners. While this is a ators permitted to speak for up to 10 block bills that will help our small nice notion, I have heard from some of minutes each. businesses and put this economy back the smaller, community banks in my The PRESIDING OFFICER. Without on track. home State of Arizona that the capital objection, it is so ordered. requirements were so stringent that Mr. REID. Having said that, there I say to my colleagues across the they would not even qualify for the will be no more votes until Monday at aisle, there is too much at stake for program and, there are serious con- probably around 5:30 p.m. this sort of outrageous political com- cerns as to whether or not this would The PRESIDING OFFICER. The Sen- petition. Put your November thoughts turn into another bank bailout pro- ator from Oregon is recognized. aside, I say to my friends, and focus on gram. f what is right for the economy of this One of the provisions of this bill that Nation, what is right for the small I strongly opposed was a carve-out of SMALL BUSINESS LENDING FUND businesses of this Nation. Let’s have $1.5 billion for agriculture disaster as- ACT OF 2010 the three amendments on each side as sistance which was not requested by Mr. MERKLEY. Mr. President, I wish each side would choose. Let’s get it the administration. While I support en- to speak to the proceedings that have done, and then let’s go home and know suring that our farmers are protected just taken place this evening and try we are working together in a problem- from financial losses caused by natural to put them in some context. solving, bipartisan fashion to make our

VerDate Mar 15 2010 02:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.068 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6500 CONGRESSIONAL RECORD — SENATE July 29, 2010 communities stronger, to create em- am very proud I have helped lead a part chair of the Small Business Com- ployment opportunities for our work- of this effort. But I see the Senator mittee, the Senator from Louisiana. ing families, and to strengthen our from Michigan and one of the members She has done a remarkable job. Her te- economy as a whole. of the Small Business Committee here, nacity and passion and commitment The PRESIDING OFFICER. The Sen- and I say to them that I think we are for small business and for this legisla- ator from Louisiana is recognized. just speaking in morning business. So tion has gotten us to where we are Ms. LANDRIEU. Mr. President, there under the previous order they can be today, and I am proud to be joining are a number of Senators on the floor recognized. with her in this effort, along with the who wish to speak. I see the Senator The PRESIDING OFFICER. The Sen- Senator from New Hampshire, who just from Michigan, who has indicated she ator from New Hampshire is recog- spoke, and the Senator from Wash- would like to speak for a minute on nized. ington, Ms. CANTWELL, who has been this bill. I will talk for the next 5 min- Mrs. SHAHEEN. Mr. President, I am such a champion, and the Senator from utes, and others are going to want to here to join my colleagues to again Oregon—both Senators from Oregon— speak as well. talk about why it is so important that and the many Members who have come I commend the Senator from Oregon, we pass this small business jobs bill to the floor and colleagues on the other who has been down here day after day that is before us. side of the aisle who have joined in par- explaining the value of this extraor- I so much appreciate the leadership ticular provisions of this bill. dinary bill that was put together of Senator LANDRIEU to try to get this As the leader and the chair of the through hours and hours and days and bill through. She has stated so elo- Small Business Committee has said, weeks and months of debate in the Fi- quently why it is important for us to this is, in fact, a bill that has signifi- nance Committee and in the Small pass this legislation. It has been point- cant pieces, if not the majority of Business Committee. ed out that this is a bill that has sig- pieces, that have been bipartisan or I was very pleased to hear the leader- nificant input from our Republican col- have come from the Republican side of ship—although we came to no final leagues. It has been pointed out that the aisle. Yet what we are seeing is a agreement in the last hour, I am feel- this is a bill that will go a long way to- strategy by the Republican leadership ing and hearing, as the Senator from ward addressing the jobs we need to to continue to block and block and Oregon alluded, that perhaps we are create if we are going to bring this block, and to filibuster, filibuster, fili- economy back. She has stated so elo- moving closer to that opportunity be- buster even something that is impor- quently why it is going to be there to cause this bill was built with good will, tant for Main Street. with hard work, with some smart and help so many small businesses. This is not about Wall Street. This is Everywhere I go in New Hampshire, innovative ideas. not about a bailout to Wall Street hop- what I hear from the small business Just to say how proud I am of the ef- ing that they will lend to small busi- owners I talk to is that their No. 1 fort, this is just a list of headlines nesses, which didn’t happen after the challenge is adequate access to credit. today that have come out in support of crisis when credit markets froze up and This bill addresses that. It sets up a this bill. Some of these headlines are lending didn’t happen, certainly, in my fund to help community banks so they questioning, is someone blocking this State of Michigan or across the coun- can lend to small businesses. It sets up bill? What is happening? Why can’t we try. So we have had to come back and a fund to help States so they can go get this small business bill done? It is through their programs to lend to try a different route for Main Street, a good question. and this is what this is about—Main So it is Thursday night. We have small businesses. It expands the SBA loan programs, which have been so im- Street, the folks who are creating the some time to continue to work. The portant to keep small businesses majority of jobs which are in small problem with the four amendments afloat. It helps with export assistance businesses. that were offered by the minority is We also have a lot of folks who have for our small businesses—something that they are not exactly offering side- lost their jobs and who are now start- they have had trouble doing because by-sides to that, but it is better than ing a small business. I know lots of they do not have the resources to be eight. So we are making some progress. able to access international markets folks in their forties, fifties, and sixties So I am going to stay on the Senate on their own. It provides $12 billion in who have never been out of work before floor tonight and talk about the fact tax breaks for small businesses. in their lives who are now out of work that this bill has, if you count it, actu- Right now, the only thing standing in and are turning to a small business. ally probably more Republican provi- the way of this bill being passed to help They are going out in the garage or the sions than Democratic provisions in the tens of thousands of small busi- basement or maybe the spare bed- the bill. They are all good. nesses across this country is our col- room—maybe they are starting up a As the majority leader said, this will leagues on the other side of the aisle. It business with someone else—and they be a great victory, not for us but for is unconscionable that we can’t get the are starting something new. The prob- the small businesses we represent. This votes to pass this bill and to do what lem is they can’t get a loan to get will be a great step forward to turn we need to do to help small businesses started. They can’t get the capital they this recovery into a job-filled recovery grow and create the jobs that are going need, and that is exactly what this bill rather than a jobless recovery because to help lead us out of this recession. is about. the only entities that will be creating So I congratulate Senator LANDRIEU This is about a new partnership with jobs, Mr. President, as you know, be- and all of my colleagues who are here community banks and small businesses cause you were a former banker, are or who have spoken on this bill and to create a lending facility to open the small businesses. who have worked so hard to try to get doors to capital. It is also about ex- I want to show the chart about the it done, and the people on the other panding what the SBA is doing. jobs lost to just repeat this. The job side of the aisle who have been coura- Another very important provision of loss in America has been from small geous enough to support aspects of this this addresses what happens when peo- businesses. If people want to know bill and to provide amendments to it. I ple’s assets go down in value. People what happened to the 15 million jobs, hope over the weekend they will hear are seeing a decrease in the value of what happened to the 10 million jobs, I from their constituents about why this their own property, whether it is their will tell you. They ran out the front is important to get done so that when home, their business, their equipment, and back doors and out the windows of we come back next week we will see a their commercial buildings, so that small businesses all over this country. change in the perspective and we will their collateral has lessened and the If we don’t do something, either to- see the 60 votes that we need in this ability for them to go to the bank and night or tomorrow or next week, they body to pass this bill. say: I have X amount of collateral to are going to go through another whole Mr. President, I yield the floor. put up against the loan—now they are month and maybe longer. The PRESIDING OFFICER. The Sen- finding that the value of that property We have been debating this for a year ator from Michigan. has been cut in half and they can’t con- and a half. It is bipartisan. I believe we Ms. STABENOW. Mr. President, I tinue their line of credit or they are are coming to some conclusion, and I also want to start by thanking the not able to get the loan.

VerDate Mar 15 2010 02:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.070 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6501 There is also an important provision Michigan. Michigan’s program started Can you imagine in the election if in here that addresses a program that in 2009 and targets businesses with there were a capacity to block an elec- actually started in Michigan, Mr. good credit risks but those who can’t tion day from even actually having the President, and I am very proud of it. It get the cash they need because their vote? We have men and women serving is with the Michigan Economic Devel- collateral or their cashflow is falling us in this country around the world, opment Corporation. This will allow a short. putting their lives on the line, losing partnership with the State economic That is what this is all about. The their lives for the democratic process development entity to be able to back business I am talking about, American based on the ability to vote and major- up the business, to be able to help them Gear, is a solid business. They are ity rule. Yet here in the Senate the be able to finance even though their making a profit again. This is a busi- rules have been totally perverted and collateral has decreased. ness with good credit, but they have twisted to throw sand in the gears and Before I talk more about that, I also lost the value on their buildings, and require a supermajority to even move a want to mention that we are talking they are unable now to get a loan. This step forward on anything. about basically allowing investors and bill addresses that. This bill addresses Let’s review where we are right now. small businesses to take a 100-percent that. We have had 246 objections and filibus- exclusion from capital gains on small We also have another story from ters since we started 18 months ago— business investments made this year. Michigan—and there are many stories 246. That is unheard of. Not all of those So eliminating the capital gains provi- from Michigan—about Michigan Lad- have actually gone to a cloture vote, a sions for this year—100 percent. der in Ypsilanti, MI. It is the oldest vote to stop a filibuster, because we do We are focusing on other important ladder maker in the United States. not have 246 weeks. The leader cannot provisions that relate to tax cuts for They have been in business since 1901. get us through that whole process that small business and also trade and ex- They are still in their original build- takes a week to stop a filibuster on port promotion. We want to help our ings with 20 employees in Ypsilanti, every single objection. Some of these small businesses export their products, MI. Nearly all the other makers of lad- have gone to an actual vote, a 60 vote, not their jobs. So there are many im- ders have moved to Asia or South and on others there have been objec- portant provisions in here, and I be- America. tions that have stopped us from voting. lieve we have some 80 different busi- Michigan Ladder sells primarily to It is unheard of. We have never seen ness organizations supporting this leg- commercial and industrial contractor this before in the history of our coun- islation. suppliers directly. They manufacture try. This is not Republican versus Demo- several sizes of wooden ladders, dis- When our country started, there were crat out in the real world. We have Re- tribute fiberglass and aluminum lad- two that year. Then some have been publican businesses, Democratic-owned ders which they have produced for zero, some there have been maybe businesses, tea party-owned businesses, them as well. The company experi- three or four or ten. Some sessions of all kinds of folks out there who can’t enced difficulty due to the poor com- Congress there have been no filibus- get loans. This is not a partisan issue, mercial real estate market and the ters. and it is extremely unfortunate that it housing market. They trimmed their Here we are. In the last Congress we has become a partisan issue. staff, cut benefits, and worked hard to ended the year at 139 filibusters, and I want to share a couple of stories. rightsize themselves. They believe they we have topped that. This is what hap- This is about a business called Amer- can be competitive. They are aggres- pened last time when this began to be ican Gear in Michigan. It is a 25-year- sively working to continue to produce used as a strategy by the Republican old manufacturer of custom-made main Michigan, but they can’t get the fi- leadership. It is way off the charts. chine parts. They sell parts to the nancing they need to buy equipment to Now it is so far off the charts we can- automotive industry, to the U.S. Navy, produce new products because of the not put it on the chart. This is now the glass industry, and the steel indus- fact that their equipment, the collat- used as the basic strategy for every- try. eral they have, has been reduced in thing: Stop everything, throw sand in In 2008, American Gear made a record value. the gears, and make sure nothing im- profit. But then in 2009 they saw a tre- This is a story that I have heard re- proves, that nothing happens that will mendous pullback from their cus- peated hundreds and hundreds of times, improve the lives of families in this tomers and lost money for the first Mr. President. This bill addresses that. country, improve the economy, create time in history. They were forced to This bill fixes that. jobs. I find that to be extremely unfor- cut staff, trim overhead, and tried to Let me move now to process because tunate. work with their bank to access addi- substantively we have no reason not to We have a situation right now where tional cash to keep going. But they pass this bill. There is absolutely no we have the opportunity to do some- weren’t able to secure access to enough reason, based on the substance, on the thing for those on Main Street, the of the capital they needed to complete need for small businesses and the sup- folks who have not caused any of the their existing orders—even the existing port from over 80 different organiza- crises that have been facing our coun- business that they had. tions across this country, not to pass try. They did not make the reckless de- They are trying to expand. They are this legislation. So why do we have a cisions on Wall Street that brought the trying to get new customers. They are filibuster going on? financial crisis. They were not the ones profitable once again. But because I just want to speak about that for a who didn’t enforce our trade laws fairly their 27,000-square-foot building has moment because the reality is, we need so we lost jobs overseas. They are not lost so much of its value, the bank has to vote. the ones who made any of the deci- pulled their loan and they have been The democratic process is to vote. sions. But they have been affected. unable to get another lender. When we run for reelection, if you get Middle-class families, who may not They have just hired two new em- one more vote than the other person consider themselves middle class any- ployees to help with new orders, but you win the election. We don’t say a more, are just holding on. they can’t get credit. They might have supermajority. We say simple major- Many of them own small businesses to start cutting back again and turning ity, one more than the other person. or work in small businesses or are try- away customers because they can’t get That is a democracy. We are saying ing to start a small business. These are access to capital. here, let’s vote, give us a vote, an up- folks in every one of our States, in This bill will help American Gear. It or-down vote. You can vote no or you every community that we represent— will help this company that has been can vote yes, but don’t keep using small businesses, mom-and-pop oper- dealt the double whammy of reduced these efforts that block us and force a ations, small suppliers. Most of the cashflow and property, which is used as supermajority to block us from even people in the auto industry are small collateral, that has decreased in value having a vote. That is what is hap- businesses. They are small companies, because of the recession. This is very pening here. Over and over again we small suppliers such as the ones I men- important. This is something that has are being blocked from even having a tioned, such as American Gear, a small been overwhelmingly successful in vote. supplier. They find themselves now in a

VerDate Mar 15 2010 02:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.071 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6502 CONGRESSIONAL RECORD — SENATE July 29, 2010 situation where they cannot operate; make some more investments. We are Every day that goes by that we do they can’t expand; they cannot conduct talking about tried and true programs not reauthorize this advancement in business. They are having to lay people such as the 7(a) loan program and the the 7(a) program, we are costing dol- off because they cannot get credit. 504 loan program and the enhance- lars, we are costing small business ac- We can fix that. We can fix that right ments of those programs to put more cess to capital they used to have. It is here. All we have to do is one of two capital out onto the streets. We have not even new capital in some cases; it things: Have courageous colleagues on already pointed out because we have is capital they used to have but it got the other side of the aisle join us to allowed this enhancement to expire canceled out from under them because stop a filibuster or, all together, stop that we have seen a 60-percent reduc- of what happened on Wall Street. this thing and vote. That is vote, that tion in June of the amount of money It is time for my colleagues to show is all we are asking for, an up-or-down accessible for small businesses, below the same level of urgency for small vote, yes or no. But allow a vote to 2008 levels. business, to show we understand that happen. Is that what we want to do, suppress these individuals in America have been I hope we are close on an agreement. capital to small business by 60 percent hanging on. Listen, they are what Unfortunately, our leader, who has an below 2008? In the month of August, if makes America a great country be- incredible amount of patience, finds we do not get this legislation passed, cause they are such entrepreneurs and himself too often in a situation where there will be $760 million less available they have done everything they can to he is trying to negotiate but the num- for small business. weather this storm. But it is time to I know some of my colleagues are bers keep changing, the circumstances put down the ‘‘no’’ votes on moving saying let this keep going, Republicans keep changing, and we are never actu- ahead and move to getting this prod- will keep voting against cloture and we ally able to get an agreement in good uct, the enhancement of 7(a) and the will do business in September. It is not faith. I hope that is not the case here 504 and the capital and recapitalization acceptable to wait until September to because we need to get this done. of community banks, off the Senate help small businesses that need access People are watching us and won- floor and get it signed before the House to capital today. I wish people would dering what in the world is going on in adjourns. That is what we need to do to listen to the heartbreak in America of the Senate. People understand what is small businesses. When the crisis hap- create jobs now, in August. If you do happening in the real world, what is pened in 2008—many of those people are not want to do that, you are going to happening to small businesses. Every resourceful people. That is why they be costing many more Americans their weekend when I go home—and I do go start small businesses. So what did livelihood. home every weekend—every weekend I yield the floor. they do when the crisis happened? when I go home I hear about small Ms. STABENOW. Mr. President, be- They buckled down; they tried to fig- businesses not getting access to cap- fore my friend from Washington State ure out how to make adjustments in ital. They cannot get a loan, they can- leaves the floor, I thank her as well. their businesses. They borrowed money not continue their line of credit. Ev- She has been an incredible leader on from relatives. They borrowed from this issue and we are very fortunate to erywhere I go I hear about that. their 401 programs. They did every- I understand my time is up. I again have someone who has been in busi- thing they possibly could to hang on thank my colleague, the chair of the ness, a successful businesswoman who for a year. Small Business Committee, for stand- Contrast that to Wall Street. Wall brings her knowledge of business and of ing strong. I stand with her. This is in- Street didn’t even have to hang on for finance into the Senate. Her passion credibly important and there is no rea- 1 day before they got help from the and partnership with Senator son whatsoever that we cannot get this Treasury. Not even what Congress did; LANDRIEU have been very important in done on behalf of small businesses the Treasury was over there helping getting us to this point. I want to say across America. people before they even asked for help. thank you to the Senator from Wash- The PRESIDING OFFICER. The Sen- Nobody did that for small business in ington for her leadership as well. ator from Washington State is recog- America. So these people have waited The PRESIDING OFFICER. The Sen- nized. over a year to get this help. They hung ator from Louisiana is recognized. Ms. CANTWELL. Mr. President, I on with their savings and their invest- Ms. LANDRIEU. Mr. President, I am thank my colleague, Senator ments for 1 year. pleased to join my two outstanding col- LANDRIEU, for her fight and vigor In January they were ready to go leagues on the floor tonight to con- today, trying to break a logjam here on with these programs and these support tinue to talk about this extremely im- the Senate floor and to pass important systems and wanted to see the access portant bill. I follow up on what the small business legislation. to capital, but they did not see that. Senator from Michigan said about the When you think of Louisiana and you Not only did they not see these pro- Senator from Washington State. There think of the Saints, you think of the gram enhancements like we wanted, are only a handful of Senators in this people there who have such spirit. If such as the recapitalization of commu- Chamber who have actually built a there were a time in our country’s his- nity banks, instead, they saw their business, a small business—it was when tory when small business ever needed a community bankers tell them: We are it started—and then of course it was an patron saint, it was at the crisis of canceling your performing line of cred- extremely successful larger business in 2008. Senator LANDRIEU and the Small it. the State of Washington State, and Business Committee have become a People did everything to hang on. then it went national. So she knows leader and voice for small business in They did everything they could to hang about what she speaks, the details of America. I thank her for that, for that on. I could tell you stories that are how a business needs to be built. same fight she put into making sure heartbreaking about restaurants, You cannot build it without access to her constituents received help and sup- about small businesses that closed affordable capital. Our businesses, port in the post-Katrina catastrophe, their doors after 30 years of being in some of them that are lucky enough to the same fight she displays now, mak- business—closed their doors because have something, are paying exorbitant ing sure the gulf is addressed and that they could not hang on anymore. interest rates on their credit cards. there are resources put in for cleanup. The question for my colleagues on Some of them have watched their lines She is putting up that same fight for the other side of the aisle is how many of credit evaporate, so they have to the millions of Americans who are try- more businesses are going to close? scramble to go get high-cost—it is hard ing to get access to capital for their How many more people are going to to run a small business if you are pay- small businesses. lose their jobs if we do not address this ing 10 percent, 20 percent, 30 percent or We are only talking about three basic issue and break this deadlock and 50 percent on the money you are bor- things in this bill, all to help small make sure we are voting on access to rowing to run your business. business. We are talking about tax capital for small businesses on Main You know you have to get affordable credits to make sure that items such as Street? Calculate it. They have already capital. That is what small businesses equipment and machinery get some lit- been holding on. They cannot hold on need. That is what they do not have. tle support so small businesses will much longer. Members on the other side of the aisle

VerDate Mar 15 2010 02:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.073 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6503 could not run fast enough to bail out in the paper what they make and I sit Democratic victory. It will not be a Re- big banks on Wall Street, but they are there and I almost want to cry, not be- publican victory. It will be a victory walking at a snail’s pace to get small cause I am jealous of what they make for our constituents and for the 27 mil- business help on Main Street, and it is in that way, but I think to myself, how lion small businesses in America that a shame. does it feel to be struggling in a busi- are waiting for someone to stand and But these headlines today say it all: ness and you—I have had letters from help them, cheer for them, and encour- ‘‘GOP Filibusters Small Business Bill people who said: Senator, I stopped age them. After Criticising Dems For Delay,’’ paying myself completely. That is That is what we are trying to do. I ‘‘Senate Republicans Block Small- what business owners are doing right appreciate the support the President Business Lending Measure,’’ ‘‘GOP now. They have stopped paying them- himself has given. He has been leading. blocks small business bill,’’ ‘‘Repub- selves completely, and I have to wake He has been saying, as he is trying to licans block Senate vote on small busi- every morning and read about big com- work our way out of this recession— ness,’’ ‘‘Republicans block small busi- pany executives who are complaining and I have not agreed with every single ness lending bill.’’ because their take-home salary is $20 thing, of course, and no Senator does The New York Times article today is million a year or $200 million a year. with any President, but I think this actually pretty devastating. I would I mean, think about that, $20 million, President has said that he understands think if anybody bothered to read the $200 million a year. We have business the recession will be over when small top two paragraphs—I am going to ask owners, 27 million small business own- businesses start to hire because big my staff to get that to me in just a sec- ers, and many of them right now—be- businesses are not going to. ond, and I am going to read it into the cause as Senator CANTWELL said, this They basically say that in their re- RECORD. It goes on and on and on. catastrophe did not start just 2 months ports. They are holding their capital. I think that this debate has shown ago—who have been holding on. The big banks are holding their cap- that we actually brought a bipartisan I think about them at night. I see ital. It is going to be the small busi- bill to the floor, that has been worked them. I think they are holding on with nesses that create the jobs. It is where on openly in public all year or longer, just their bare knuckles, by the re- the jobs were lost. in two committees, Finance and Small maining strength they have. They are I am going to show this chart again. Business. As I said earlier today, and I not making any money. So the article This is from the monthly National Em- put the red-line chart up, which I will today says—and they have gotten it ployment Report: Small business, 81 put up in just a minute, this chart that right. This is dozens of articles: percent of the jobs lost were lost by we sent out to many people today Senate Republicans on Thursday rejected a small businesses. So it makes common showed every provision of the bill and bill to aid small business with expanded loan sense that if it was the small busi- who suggested that provision. As you programs and tax breaks, a procedural block- nesses that lost the jobs in a recession, can see, there are many Republican ade that underscored how fiercly determined as I said, they were not in the back names listed here—Senator SNOWE, the party’s leaders are to deny Democrats when they were making the ‘‘donuts,’’ Senator CRAPO, Senator RISCH, Senator any further legislative accomplishments be- they were not trading on derivatives. fore November’s midterm elections. SNOWE again. Senator GRASSLEY is on They did not have anything to do with here. Senator HATCH is on here—be- This is a small business measure that. cause this bill was built with some of championed by myself and others and But they got caught up in a terrible the best ideas from these committees has the backing of some of the Repub- financial collapse because of greed and over a long period of time. lican party’s most reliable allies in the poor regulations and all sorts of shady This is not a little bill. It is not a business world, including the United dealings, and they did not have any- technical bill. It is not a bill that you States Chamber of Commerce and the thing to do with it. But they lost the pass and nobody knows you passed it National Federation of Independent jobs. So in order to get this recovery because it does not do anything. This Business. Several Republican law- moving and get jobs in the recovery, so bill does some great things that we makers, the article says, helped to it is not a jobless recovery but a job- have needed to do for a long time. write the bill. But Republican leaders filled recovery, we have to focus on That is why we are fighting so hard. filibustered. small business. That is why we are not going to give As the Senator from Michigan said, My ranking member, Senator SNOWE, up, and we cannot wait much longer. this is unprecedented. I do not know if has worked very hard on many provi- As Senator CANTWELL said, it is heart- the Senator from Michigan has that sions of this bill. She has been a re- breaking for small businesses that had chart, but I would like to ask her to markable champion for small business. nothing to do with the Wall Street show it again, if you could hold it up or MAX BAUCUS, every time we have sent meltdown. They never owned a deriva- let me take it here because it is un- him a couple things we want to do, you tive. They never heard of the word ‘‘de- precedented in the number of noes and know what his job is? It is to find a rivative.’’ They never heard of the filibusters. way to pay for it. He has a thankless word ‘‘swap.’’ All they were doing was I think this is a no that might have job around here. I want everyone to serving pancakes in their diner day been said, but we need to find a way to know. He has probably the toughest job after day. All they were doing was sell- say yes. I know a no was said, but we in this entire place because everything ing hardware equipment so their neigh- have to find a way to say yes. So that everyone wants to do, everything, we bors could build or repair their houses. is what we are going to be doing to- have to find a way to pay for it. They never heard the word ‘‘deriva- night, tomorrow, through the weekend. You know the guy who tries to find tive.’’ I wish to say how much I appreciate that is MAX BAUCUS. I have given him Then a couple things happened. They the 70, now over 100, organizations that page after page, amendment after started seeing some very scary head- are supporting this bill. I know the amendment. He has been so gracious. lines. All of a sudden, the entire world NFIB has said, and I wish to be very Every time we say: We need this economy was at risk, and they are clear, they want the bill. They also amendment paid for, MAX, can we find standing there saying: Wait a minute, would like a few amendments. a way to pay for it, he goes to work. what did I do? I have been doing the But they did not say they wanted 100 But we are getting exhausted same business. I am not a millionaire, amendments. They did not say they through this process, but we are going but I am happy, I take care of my em- wanted 50 amendments. We are now to continue to fight. Senator BAUCUS ployees, I am bringing home a nice sort of down somewhere between one has found amazing ways to pay for paycheck, I am building my business, and four. That is better than 8 or 12 or these amendments because we are not and the floor fell out from underneath 10. We are somewhere between one and going to add to the deficit anymore. them through no fault of their own. four. If we can just keep narrowing it Those days are over. We are going to This Congress has scrambled and and try to be as fair as we can, we can pay for this bill. This bill has tremen- scrambled and could not run fast deliver for the American people and dous possibilities to actually make a enough to go help the big businesses share this wonderful victory, and I lot of money. One program will actu- and the executives. Sometimes I read mean that. Share it. This is not a ally earn $1.1 billion, it was so smartly

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.075 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6504 CONGRESSIONAL RECORD — SENATE July 29, 2010 put together. Then we understand that we often have in Washington about February of 2009 to June of this year, if more people are hired, of course, small business, but having substantive the SBA administered over 1,700 7(a) they will pay taxes, and that money provisions that will cut taxes for small loans in Pennsylvania. The changes in will come back to local government business. It will enhance existing small this bill should allow for many more. and State government and that will be business loan programs that work. All We have 67 counties in our State. You a big help to everyone, to try to get us the criticism we hear sometimes about can imagine the impact county by out of our deficit situation. programs that do not work, there are county when you have more than 1,700 I see one or two other Senators on loan programs that are working and loans on an existing program just in the floor. I see the Senator from Penn- just need another bump, just need a bit less than 18 months. If anything, this sylvania. My time has expired under of help. bill will exponentially increase the the 10-minute morning business order. Finally, establishing a new Small number of those loans. So next year or But I wish to thank the Senator from Business Lending Fund and all this the year after, when we are reporting Michigan and the Senator from Penn- without adding to the deficit. Let me on this, if we complete work on this sylvania for their support. I am going take them one at a time. and get it passed, instead of 1,700 loans to be working over the weekend with First of all, tax breaks: Over $12 bil- in Pennsylvania to small business own- Members of both sides of the aisle. lion in tax cuts going back to tax- ers, maybe it will be 2,500 or 3,000 or I am going to be working with both payers. Here are just a couple exam- much higher. sides of the aisle over the weekend, ples: To encourage investment in small I come from a State which most peo- through tonight, tomorrow, be in touch businesses, the bill will increase the ple think of as big cities such as Phila- with both leaders, and continue to capital gains exclusion from 50 percent delphia and Pittsburgh. But there are work with Senator LEMIEUX and Sen- up to 100 percent of the gain through so many places in Pennsylvania where ator VOINOVICH, who were the two Re- the sale of small business stock. This we have a very small town or even a publicans who gave us a vote on the provision will provide a greater incen- rural population. We don’t have a lot of lending program, and see what we can tive to invest in small businesses and big buildings, a lot of big cities. We do to narrow it down from four to po- will spur job creation. have a lot of small business owners tentially one, have a great vote, and This is a bill that is about jobs, about fighting every day to make ends meet, claim victory for the small businesses creating lots of jobs in the near term. to borrow a little bit more money to of America. We all share a great vic- The bill will encourage small busi- keep going, literally living week to tory and can be proud of the work we nesses to invest in their companies, week and month to month. These kinds have done over the last year and a half. which is what a lot of owners tell us. of loans can have a direct and positive I yield the floor. They say: I want to create jobs. I want impact, a disproportionately positive The PRESIDING OFFICER. The Sen- to expand. But they don’t have the cap- impact on those kinds of businesses in ator from Pennsylvania. ital or the help to do so. It will do that small towns and rural areas of Penn- Mr. CASEY. Mr. President, first of by expanding a business’s ability to sylvania and across the country. The bill will also increase the loan all, just in case our chair of the Small write off the cost of certain real prop- limits of microlenders who provide Business Committee, Senator erty that is purchased for the use of short-term working capital to small LANDRIEU has to leave, I wish to reit- the business. We know the section 179 businesses from $35,000 to $50,000. That erate what a number of us have not program in the Tax Code helps us do is a lot of money when you are really only felt but have even spoken about that. To further encourage Americans up against it as a small business owner over the last couple days, in light of to start their own small businesses, the and you are trying to get to the next her work on this legislation. bill will double the deduction for start- month or the next quarter in terms of She has been, in a word, tireless and up expenditures. your workforce or your payroll. fearless, for one reason: Because she, Let me move to another element: the The bill will increase the limit of 504 like so many of us, but I think in a need for capital for small businesses in loans from $1.5 million to $5.5 million. very special way she understands what a State such as Pennsylvania and We know the purpose of the 504 Loan so many of these small business owners around the country. We have heard this Program—to provide financing for ac- have told her and told a lot of us, that over and over. Month after month, you quisition and renovation of capital as- they need help and they need it now. walk up to someone and you say: How sets. They do not want to hear about a po- are we doing? Sometimes you get good Let me give a personal example: Kate litical debate, they want action and news, sometimes bad news. One re- Berger of North Huntington in West- they want us to pass this legislation. sounding and consistent message we moreland County, near Pittsburgh, a She has worked so hard on the sub- have heard: We are glad you passed the big county that has a lot of smaller stance. She has worked so hard on the Recovery Act; we are glad you passed communities. The Presiding Officer work that you have to do in the Senate the HIRE Act; but I still don’t see knows counties such as that from his to get an agreement, to get a bipar- enough help for small business. State of West Virginia. There are a lot tisan agreement, to make this a bill Finally, we have a piece of legisla- of parallels in terms of the population that has no impact on the deficit. tion which is targeted at the engine of and demographics. So whether its fiscal responsibility, the economy—small businesses and the Kate Berger received a 504 loan to whether it is the substantive provi- people who are creating the jobs: small help grow her business. She is a former sions that help small businesses from business owners. These owners all accountant and owner of JB’s Bright Louisiana to California and back all across the country, tens of thousands, Beginnings. She entered into the across our country in places such as hundreds of thousands, have made that childcare business when her own Pennsylvania that I represent, she has point to us over and over. They want to childcare needs for her two children done that work. I think the people of expand, but they don’t have access to were not being met. Here is someone this country know that. capital to do it. who had a challenge in her own life, I think it is very important that even The changes in this bill, which is and she decided to deal with it by when we thanked her once, we need to budget neutral, will increase small starting a small business. The center repeat ourselves because she has done business lending by $5 billion in the she sent her children to was closing. great work. I think we should follow next year. That will create or save over She purchased equipment, hired staff, her lead. We should not have the kind 200,000 jobs. In the end, it is a jobs bill. and went back to school for additional of political debate we are having. She It is not only a bill about programs, it training in early childhood education. and others have worked out a very is a bill that will create jobs. She was doing all the right things, ev- good agreement, and I think they are First, the bill will increase the limits erything anyone could ask of her to on their way to doing that again. of the 7(a) loans from $2 million to $5 create a new business. We are so grateful for her leadership million. We have heard about that pro- She began running her business out and for her tireless efforts to get this vision. Just to give a sense of what of a very small facility. When the op- passed because this is a bill that, in the that means for Pennsylvania, in the portunity to purchase a larger facil- end, is about not just the rhetoric, as last roughly 18 months or less, from ity—a former elementary school—

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.076 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6505 arose, she jumped at it, as a very capa- businesses are not Democratic or Re- trition of cherries and has come up ble small business owner would. With publican or Independent; they are with a number of things that are very the help of the 504 Loan Program, Kate American. It is about time people in healthy to help people with joint prob- was able to purchase the space, with this Chamber, who talk and talk about lems and other issues which cherries room for expanded services and 8 acres small business, do more than talk. It is are actually very helpful with, a very of outdoor space for the children, for about time for them to stand up and powerful commodity in nutritional as- her childcare center. Since moving to vote, vote the right way to help small sistance. She is interested in exporting. the new location, enrollment at JB’s businesses of whatever political party She started a small business up in Bright Beginnings has increased from that small business owner happens to northern Michigan, and she has now 66 to 104 children. Kate has hired an ad- belong to. moved out to, the last time I talked to ditional 15 employees, bringing the I yield the floor. her, 300 different places around Michi- total number of staff to 35. The PRESIDING OFFICER (Mr. gan and the country. That is a success story. We don’t get GOODWIN). The Senator from Michigan. We have talked to her about what she a lot of those in the news. But for Kate Ms. STABENOW. Mr. President, be- could do to sell her product overseas as Berger, the 504 Loan Program is not fore my friend from Pennsylvania a nutritional product. There is a great some theory, some concept; this is real leaves, I thank him for his wonderful deal of interest in doing that, and I life for her. She took a risk. She got commitment to small business and pas- hope we can help her do that. But she more training and more education. She sion and voice on this issue. We are needs assistance from the export exper- borrowed money. She took some per- lucky to have him and very much ap- tise in the Department of Commerce. sonal risk to do this. She is now in- preciate all of his wonderful work. In this bill, we have small business creasing the number of children served Pennsylvania and Michigan have a lot trade and export promotion efforts. and hiring 15 more people. in common. Our hard-working folks, a The great Senator from Minnesota, Ms. Finally, the bill will provide an op- lot of them who have been losing their KLOBUCHAR, championed this effort. It portunity to create the Small Business jobs in one industry, are starting small would improve the SBA’s trade and ex- Lending Fund, a critical component of businesses. They are looking to us to port promotion programs. It estab- this bill, the creation of a $30 billion understand what it takes to start a lishes a State export promotion grant Small Business Lending Fund. This small business and to keep a small program and strengthens coordination. will provide working capital to small business. That is what this bill is all It would leverage more than $1 billion banks that have continued to lend dur- about. I echo what the Senator from in export capital for small businesses. ing this financial crisis. Approximately Pennsylvania said about the impor- That is estimated to create or save 80 percent of commercial lending is tance of this bill, and the chairman of about 50,000 jobs this year. done through the smallest loans at the Small Business Committee, and So there are new opportunities. With these banks. We hear that over and wish to stress a couple provisions we the wonders of the Internet, we are now over again. Small bankers say: We haven’t talked as much about. in a global economy. We can commu- want to provide more lending. We can- First, of course, the major piece is nicate around the world with our cell not always do it. An increase in lend- about access to loans from SBA, in- phone or certainly with the Internet. ing by the banks will amount to a new creasing the loan limits and the size of We have the ability to help small busi- lending and growth for small busi- microloans. That will increase lending nesses create jobs by connecting them nesses. through the SBA by about $5 billion to the world in terms of the markets We know that by providing this op- next year. A lot of small businesses they can access. Help for that is in this portunity to have $30 billion of lending will buy new equipment, will be able to bill. So that is another very important available, this lending fund will be able hire staff to expand or keep their busi- piece. to unlock $300 billion in capital for ness going. There is also an increase in Federal small businesses. The fund will spur The large lending facility we have all contracts for small businesses. Just in- lending and get credit flowing to small talked about that takes $30 billion and creasing Federal contracts for small businesses, which is another reason to partners with community banks and businesses by 1 percent is estimated to take action on this bill. An investment creates $300 billion worth of capital for create 100,000 jobs. Now, we know in of $30 billion incentivizes the creation small businesses—I can’t imagine a the bidding process, again, larger busi- of $300 billion in capital that is lever- better shot in the arm than having nesses tend to participate, tend to have aged. We know that when we give the that capital available. major contracts from the Federal Gov- private sector a little help and a kick- There is something else that is also ernment. Yet this is an opportunity for start here and there, they can provide important. I am pleased to be a part of small business. If we can increase con- a lot of extra money to increase expo- the President’s Export Council. The tracts by just 1 percent, we can create nentially what we can do to help small President has set a goal of doubling ex- 100,000 jobs; 2 percent, 200,000 jobs, and businesses. ports in the next 5 years. Many of the so on. Provisions are in the bill to in- We need to pass this legislation. We businesses we are talking about inter- crease contracting opportunities, need to remove the politics from this ested in exporting are small businesses. which are very important opportuni- debate. We need to make sure our We have international businesses in ties for small business. friends on the other side of the aisle Michigan, and they have their own op- We have talked about the tax cuts. I know that when they—some of them, erations around the world. They are hear frequently as a member of the Fi- not all but some of them—were lec- not in need of support through the ex- nance Committee from friends on the turing us month after month, saying port operations in the Department of other side of the aisle concerned about our side of the aisle was not doing Commerce, but small businesses need raising taxes on small business, and we enough for small business, I would that. certainly share that concern. We cer- argue they were dead wrong when they I think of one woman whom I know. tainly are not supportive of doing that. made the assertion, but that was their Her sister-in-law is a dear friend of But here you have an opportunity to argument. Now we have the oppor- mine. I talked with her. She lives in cut taxes on small businesses, doing tunity, this rare opportunity to have a northern Michigan on Leelanau penin- away with the capital gains on small single piece of legislation that is fo- sula, which is absolutely beautiful, businesses this year, increasing the de- cused on small businesses. north of Traverse City, MI, the kind of duction to start a new business, ex- I urge colleagues to live up to the place you would like to be today. It is panding the expensing provisions, rhetoric they have been putting forth absolutely beautiful up there on the bonus depreciation provisions for small all these many months, to stand up and Great Lakes. It is certainly much less businesses, and also something very vote for this bill. A vote for this bill is warm than here. She is in an area important that we, of course, have not a vote only for a piece of legisla- where there are wonderful cherry grow- been working on in health care, and tion. This, indeed, is a vote for small ers and all kinds of fruit and vegetable put in place in the structure that will businesses. It is a vote for the people growers. She has put together nutri- help small businesses down the road, in they represent in their States. Small tional products from the power and nu- 2014, with the new insurance pool—a

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.077 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6506 CONGRESSIONAL RECORD — SENATE July 29, 2010 competitive way to price and purchase things. She is right. We have to stop Mr. President, I ask unanimous con- insurance. But until then we have a lot saying no every day, and particularly sent that a list of other headlines be of self-employed people who find them- on this day, and start saying yes to printed in the RECORD. selves in a very difficult situation, who small businesses. The sooner we can There being no objection, the mate- cannot find affordable insurance, if say yes to small business, the sooner rial was ordered to be printed in the they can find it at all. this recession will end, the sooner RECORD, as follows: This bill would allow them to deduct Americans can get back to work, and LIST OF HEADLINES their health care costs for payroll tax the sooner we can begin to put a real New York Times—‘‘Small-Business Bill purposes on their tax returns. This is downpayment on the deficit that has Falters On Senate Partisanship’’ another important matter that people been caused by reckless policies of the Washington Post (Opinion)—‘‘GOP blocks who own small businesses care about past. small business bill. Who will get the blame?’’ and worry about for their families. She is right. And every day matters. AFP—‘‘Obama pleads with Republicans on That is a part of this bill. This bill has been debated literally for small business bill’’ When we go down through here and a year and a half—not on the Senate International Business News—‘‘Small busi- look at the huge effort around capital floor but in committees and meetings ness aid bill stalls in Senate’’ available for small businesses, the ef- and negotiations. As I held up a chart Congress Daily—‘‘GOP Blocks Small-Biz forts in partnering with States to help earlier today, most of the provisions in Measure’’ the bill—both from the Finance Com- Star Ledger Editorial Board—‘‘Obama in small businesses that have lost the Edison: President seeks to aid small busi- value of their property, their equip- mittee and the Small Business Com- ness, but Republicans resist’’ ment—the collateral they would use mittee—were Republican-generated Credit Union Times—‘‘Small Business Bill normally to get a loan—there are pro- ideas or amendments. As I said, small Stalls Again’’ visions to address that, provisions to business has many champions in this American Banker—‘‘Small Business Lend- help small businesses afford health Chamber, and we need to show them, ing Fund Bill Stalls—Again’’ care by deducting their health care not just say we are but actually show The Wall Street Journal—‘‘Reid, McCon- costs, help for exports, expanding them that with our votes. nell in Talks Over Small-Business Bill’’ bonus depreciation and expensing, It is going to be a long weekend for Ms. LANDRIEU. But I want to an- eliminating capital gains, and giving some people. I am going to be working swer again because these small busi- small businesses more opportunities to all weekend. But it is going to be a ness groups—we have 80 of them and contract with the Federal Government. long weekend for some who are con- they are counting on us—keep calling When you look at all of this, I am cerned about image because I am going and saying: Vote for the bill. Vote for stunned. Why are we still having to to submit for the RECORD, just today, the bill. And what they are hearing have this debate? How long are we in the last 24 hours, the list of head- from the other side is: We can’t vote going to have to do this when every lines that are coming out around for the bill until we get amendments. day we have small businesses that are America from papers—conservative pa- If we try to put too many amend- holding on trying to figure out what pers, liberal papers, independent news- ments on this bill, even good ones, it they are going to do to keep their papers—and they are not good for my will bring this bill down. We have to doors open? We are at a point now friends on the other side of the aisle. find a way to come to an end of the de- The Huffington Post, more liberal, of where we have to come to a conclusion bate, give the small businesses of course: ‘‘GOP Filibusters Small Busi- and pass this bill. I hope anyone who America a $12 billion tax cut, and ness Bill After Criticizing Dems For says they care about small business strengthen the SBA programs that Delay.’’ banks and credit unions use—the small will join with us and show they do—not But Bloomberg, not that liberal: just talk about it—but show they do by ‘‘Senate Republicans Block Small business programs—and then get this supporting the small business bill, as Business-Lending Measure.’’ special lending program, in partnership the chairwoman said, that now has Politico, one of our papers here: with community banks, for the banks over 100 different organizations, busi- ‘‘GOP blocks small-businesses bill. that know their community the best, ness organizations, supporting it. CQ: ‘‘Republicans Block Senate Vote the banks that know the businesses I hope they will do that. I hope they on Small-Business Bill.’’ down the street. will stop the filibustering, stop block- An AP article in the Boston Globe: The Taco Sisters Restaurant in La- ing this bill, stop the strategy of ‘‘Republicans Block Small Business fayette, LA—I have used Katy and throwing sand in the gears over and Lending Bill.’’ Molly Richard before, and I would like over, using the rules of the Senate to This cannot be good news over the to repeat some of the things they said. tie this place in knots. What we need— weekend for a group that claims they This is in 2008, looking back now—not what we need—is to just vote. That is are very probusiness. a great time, but Molly convinced her it. What we need is to exercise the A Las Vegas Sun editorial today: sister Katy to move back home from democratic process of just voting, do ‘‘Helping Main Street—Senate Should New Hampshire and they made their away with the filibusters, do away with Approve Legislation That Could Spark dream come true. They leased a small all the efforts to block, and just allow Small Businesses’ Growth.’’ restaurant on Johnston Street in La- the democratic process to work. People The Washington Independent: ‘‘Dem- fayette and they opened in February of can vote ‘‘yes.’’ They can vote ‘‘no.’’ ocrats Go Small. GOP Still Says ‘No.’ ’’ 2009. They sell wonderful Louisiana But just allow us to have a vote. They have said no one too many products. Molly goes on to say they We are looking for colleagues, just a times. We have to say yes. If we want have seven employees but would like to couple of colleagues, joining with us. this recession to end—and I believe we open more locations. The problem has We have colleagues who have worked do; I believe all of us do—we know our been getting credit to grow. She says: across the aisle. We are urging them to constituents are counting on us to do We have good credit, a good business plan, stand with us to stop this filibuster and good work. So it is going to be a long but have had trouble finding capital to grow allow us to vote on behalf of small weekend for whoever’s job it is—the our business. I was surprised that credit businesses in America, to give them staffers over there—to try to get better would be so tight for a business like ours—a the support they need. headlines for their bosses. They are short success story but successful nonethe- Thank you, Mr. President. going to be working hard over the less. Our business has seven employees and The PRESIDING OFFICER. The Sen- weekend. One of the ways we can do would like to keep growing, open more loca- ator from Louisiana. that is to get a small list of amend- tions. Ms. LANDRIEU. Mr. President, I ments, like one, two, three, four. The This is the kicker line: would like to follow up on what the leader, our leader, offered three. It was Small community banks know businesses Senator from Michigan has said be- rejected. We have been talking some- in their towns and can create jobs by getting cause she has been one of the most where now between one and four. I more money out to them. forceful voices for trying to find a way think over the weekend we can figure This bill is not about big banks on to get the Senate to be able to move that out, how to pay for these amend- Wall Street. It is about entering a part- more quickly on so many important ments. nership with banks on Main Street so

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.093 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6507 they can send capital to the businesses of hours ago. But I have to defend my this might be one reason. They don’t across the street. leader because when the other side says understand what Washington is all It is a very simple bill, and we are that HARRY REID, the Senator from Ne- about. going to work hard—hard—to pass it. vada, will not give them amendments, I am not on the committee that has On the issue of amendments, again, he does more than that. He puts their to oversee bonuses. It makes me so so we are clear, the minority leader amendments in his substitutes, which mad I don’t know what I would do if I came to the floor earlier today and said means they do not even have to offer were, but I am just pointing this out. something like: The majority leader them. He does it for them automati- While we are here diddling over small keeps putting down substitutes, and we cally. business, this is what small business don’t get to read the substitutes, and So they deserve headlines like this. I owners are reading, and they are won- we don’t know what the substitutes hate to say it. They earned them. They dering: Has the world turned com- are. tagged themselves with these head- pletely upside down? The same firms Well, I have read the substitutes. I lines. that got our money to bail them out Maybe other people around here will tell him what they said. Senator get bonuses, and I can’t even pay my- would not call them out, but I think it REID came down to the floor and of- self or my wife who works for the busi- is my job as the chairman of this com- fered the substitute first. He intro- ness or my child a salary for a month. mittee because I said when I took this duced a new substitute because Sen- I am telling my colleagues, we better ators SNOWE, GRASSLEY, ENZI, ISAKSON, chairmanship that this committee was going to be a champion for small busi- get moving on this bill, or I am not and COLLINS wanted to put the SBA re- sure what is going to happen to either covery provisions—those are the very ness and we were going to fight hard for them. I offered lots of amendments party when this election comes up be- popular loan provisions they had in the cause we need to do what is right. We stimulus package—the Republican Sen- for them in other bills. Sometimes I was successful; sometimes I wasn’t. need to do it soon. We know what is ators—I am going to repeat their right, I think. I believe we do. We have names: SNOWE, GRASSLEY, ENZI, But I said we would fight for them, and that is what we are going to do. If worked hard to put a very smart, good ISAKSON, and COLLINS—all five Repub- bill together that doesn’t increase the lican Senators wanted to move that there was ever a time they needed us to stand up and fight for them, it is now. deficit by a penny; that provides $12 provision from a bill that is pending billion in tax cuts—tax cuts, $12 bil- somewhere else into this bill. So the There was an article in the Wash- ington Post—and I will conclude in a lion. I know those people on the other Democratic leader said yes, and he did minute. I see the Senator from Florida. side, our friends, say Democrats are it. He put that in the substitute, and This is what our people read. I know never for tax cuts. Well, we have $12 then offered it as a substitute. That not everybody reads the L.A. Times, billion in tax cuts paid for in this bill was not good enough. and I think this came from the L.A. for small business. So then five other Republican Sen- Times, but this was the headline I read So to the sisters who started this res- ators—I am going to get their names and got upset about, and I want to say taurant in hopes they could depend on right here—Senators THUNE, JOHANNS, why I did. us to do some right things for them, for COBURN, INHOFE, and BOND—filed an I think the small businesspeople in all the small businesses struggling out amendment. The record will show it my State sit around and read articles there, I am saying to them: Just hang was amendment No. 4453. Their amend- such as this, and when their kids come on. I know it is hard, but just try to ment, led by Senator THUNE, was to to the breakfast table I think they fold hang on a few more weeks, a few more kill the Small Business Lending Fund. the article at the breakfast table be- So this is where it really gets inter- months if you can, because this bill is cause they don’t want their children to going to have a major impact, we hope. esting. My leader comes to me and says see it because it is very upsetting. Lots there is a Republican amendment to We don’t know 100 percent for sure, but of kids can’t read; they are young. But I can promise you doing nothing is a kill the Small Business Lending Fund, a lot of teenagers can. This is what and so he has to accommodate them. I disaster. This bill has a lot of things we teenagers read. are going to try. Nobody here has a said: But that is the heart of the bill. This is by Kenneth Feinberg, who is He says: We still have to accommodate magic wand. But we have loan pro- doing some work in the gulf. He just grams. We have some counseling pro- them. So he takes it out of the bill, released a list of firms that gave their really against my wishes, but I guess grams. We have some small bank pro- top employees bonuses of $1.6 billion. grams. We have some credit union pro- at the time I did not think I had any The report found that bonuses and alternative. grams. We are going to just throw it other payments to highly paid execu- out there carefully, strategically, and That was a Republican amendment. tives at Goldman Sachs, Bank of Amer- The leader not only accepted it, we did hope it hits because if it doesn’t, I am ica, Citigroup, Wells Fargo, and 13 kind of running out of ideas because I not even have to vote on it. He just did other financial forums were, he said, it automatically. am not giving any more money to Wall ill-advised. The payments, more than Street. Those are two amendments they got $10 million in addition to generous an- So these are our best ideas for Main that we did not even vote on because nual salaries for some, came as many Street. I am proud of the work we have the leader did it for them, against my of the 17 firms suffered huge losses. done. I see the Senator from Florida. I wishes, and against a lot of people’s Feinberg says they were not good. The am going to yield the floor. There may wishes. President says they were lavish bo- be other Senators who wish to come So we build up again and say: OK, nuses. I don’t know what to say about you had to take it out, but we think we them because I can imagine a small down and speak. have 60 votes to put it back in. And so business owner who has borrowed from I wish to thank Senator NELSON from we did. That is the process. We had 60 everybody he knows to keep his busi- Florida who has been a champion. I votes. We put the lending fund back in. ness open the last year and a half; he wish to again thank Senator MERKLEY, I see the Senator from Florida in the stopped paying himself 8 months ago, Senator SNOWE for her work earlier Chamber. He helped to do that. Senator and his children are sitting at the table today. Although we disagree on one NELSON from Florida helped to put that saying: So, Dad, why can’t we go on va- small aspect on this bill, we will still lending provision back in this bill. cation? work together over this weekend to see Now we have come to sort of a stand- While they are asking that question, what agreement we can come to. I wish still because of that, and maybe be- he is reading the headlines about the to thank Senator CANTWELL particu- cause of a few other things. I am fig- same companies we gave money to on larly, and Senator SCHUMER, Senator uring this out as we go along. But one Wall Street gave bonuses of $10 million KLOBUCHAR, and others who have been thing I have already figured out is, we or $20 million or $30 million, and he terrific—Senator BOXER, Senator MUR- have to find a way now to pass this doesn’t have $200 to take his kids down RAY. We are going to continue to work bill. the street to the amusement park. over the weekend to see what we can The leader has had some very good Do my colleagues want to know why do to say yes to small business in discussions on the floor—just a couple people in America are mad? I think America soon.

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.094 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6508 CONGRESSIONAL RECORD — SENATE July 29, 2010 Mr. NELSON of Florida. Before the If we can salvage this bill and move wants to lessen their Federal tax liabil- Senator yields the floor, would the forward and do the right thing for ity by $10 billion by writing off all of Senator entertain a question? small business, I think we can all be the expenses attendant to this gulf oil- Ms. LANDRIEU. I would be happy to. proud of that work. spill. Mr. NELSON of Florida. First of all, Mr. NELSON of Florida. Mr. Presi- When you lessen your tax revenue, I don’t want the Senator to be rushed dent, if the Senator would further that means that you are asking for the because I came over here so that I yield, why do we have to mess up this taxpayers to make up the difference. Is could hear the Senator. The Senator bill with message amendments? These it any wonder the mom and dad at the from Louisiana is so articulate and so are political message amendments. For breakfast table don’t want their chil- passionate. She has laid the case out example, there are some amendments dren to know what in reality is going with the bare facts that if there is any that on their own might be desirable on here? embracing, as there seems to be, of amendments. There is an amendment— Ms. LANDRIEU. Exactly. I mean, I support for small business, including a the fourth amendment of the four the don’t know how you explain to teen- lending facility of $30 billion to try to Senator from Louisiana just men- agers. There really is no explanation. get money through the community tioned—is one having to do with spend- I think it is shameful and we need to banks into small businesses, which are ing caps. That might be a desirable fix it. The Senator should know that is desperate—and my State of Florida has thing, but it is controversial. So why is what we are trying to do. Again, I don’t a lot of small business—if there is this the Republican side insisting on an know what we can do about those bo- unanimity of feeling, then why are we amendment that is going to be con- nuses. That is a subject for another playing these parliamentary games of troversial which lessens the chance for committee. I am concerned and the adding on, insisting on the other side us to get 60 votes to cut off debate? Senator is as well. Maybe we can find a of the aisle’s position that they want Ms. LANDRIEU. Well, the Senator is way. The BP writeoff—there will be a amendments that have nothing to do exactly right, but a better question is tremendous amount of criticism, and with small business and, therefore, why would the minority leader insist perhaps there are some legal grounds cluttering up, as the Senator from Lou- on voting on an amendment we have for us not allowing them to do that. It isiana says? already voted on three times. That is is inexplicable to people who are trying Is the world coming to an end? Is the even a more interesting question. We to run a small business and they see us Senate coming to an end where we are have already voted on the Sessions- having worked for a year and a half, in such perpetual gridlock that some- McCaskill amendment three times. and all that is going on and we still thing that is so commonsense as this The Senator knows some people work cannot seem to move this bill forward legislation to help small business—to for 10 years on amendments and never to the House for negotiation and then help that family at the breakfast table get a vote on the floor of the Senate. to the President’s desk as quickly as the Senator so eloquently described— That amendment has had three possible. are we at the point that the Senate is chances—not one, not two, but three— Mr. NELSON of Florida. Mr. Presi- incapable of functioning because one and now we have to give them a fourth dent, I will say this in conclusion, if side says it has to have its way of hav- vote on the floor of the Senate. That is the Senator will yield further, every ing amendments that it wants that has not anything to do with small business; one of us has small businesses in our nothing to do with small business? that is a message. States. The economic engine of Florida Have we come to the point of complete It sends a terrible message. It says is small business. It is those very peo- gridlock? we are looking for bumper stickers and ple who have come forth in this reces- Ms. LANDRIEU. Well, I hope not. I slogans as opposed to bills. I will say sion and have said they are having dif- wish to answer the question. I hope that again. Some people work around ficulty and, in many cases, cannot not. But we are very close because this here for 10 years and can’t get their make financial ends meet because they bill, as the Senator knows, came to the amendment one vote on the floor of the cannot get the banks to lend to them. floor because he helped to draft certain Senate, and the Sessions-McCaskill The big banks will lend to big cus- provisions of this from two committees amendment, in this case, because the tomers. They are not fulfilling the ob- with bipartisan support. Our leader, minority leader has thrown it out ligation of lending to the entire com- Senator REID, has bent over backwards. there, we have voted this year three munity. The community banks wish to When Republicans objected, he basi- times already on that amendment. I make those loans to small business cally sort of took some things out of don’t think we need to vote on it again. and, yet, they say they are harassed by the bill to put on the floor in hopes— We surely don’t need it for this bill. It regulators. Here we have provided an didn’t even make anybody vote on it, has nothing to do with spending caps. avenue of money to flow through com- against my objections, and then we It has to do with sending money to munity banks to small business to help started a debate. Then it just sort of community banks because they know them make their financial ends meet. shut down after we got that lending the businesses that might be able to It is unconscionable that people in a program back on. We have to open it hire people, to create jobs, to lead us parliamentary and partisan fashion again. We have to find a way forward out of the recession. That is all this would hold up this legislation. because that lending program is ex- bill is mainly about. That is what I wanted to say, in con- tremely important. Mr. NELSON of Florida. Mr. Presi- clusion, to the Senator from Louisiana. The Senator was a cosponsor of that. dent, if the Senator will further yield— Ms. LANDRIEU. I thank the Senator We have to find a way forward. I think and I will be very brief because the from Florida. I am going to speak an- I heard tonight on the Senate floor—I Senator’s patience has been extraor- other 4 minutes. I know staff is tired think I heard—that we are somewhere dinary, and she has been at this going and we are going to wrap up soon. I between one and four amendments. hard, full throttle all day—I would ask wanted to end with a comment from So as we work over the weekend, I the Senator, in light of the extremely another small business in Metairie, LA, am hoping we can find a way to say yes descriptive word picture that she which is right outside of New Orleans. because the Senator knows, rep- painted of the family at the breakfast This is a small business owner, Patti resenting Florida, it is a whole State table and the mom and the dad don’t Martinez, a lifelong resident of New Or- full of small businesses. The Senator want the teenagers to see that folks on leans, who opened her business in knows more than any Senator here how Wall Street are getting all of these bo- March 2009. I am sure she thinks about many businesses are hurting in Flor- nuses while they cannot even go down that decision every day, thinking: ida. Our whole gulf coast has been and have a weekend vacation because Maybe I should have opened a couple of under tremendous strain over many the money is not there, all of this is years earlier or waited. But she didn’t issues the last couple of years. So I just exacerbated in the Senator’s gulf know all the derivatives on Wall Street thank the Senator. I am just respond- coast State, as is my gulf coast State, would blow up. She opened her business ing to his question to say I hope we are because of the loss of income, the loss in March 2009. She has three children, not at the point of no return. But we of business as a result of the gulf oil- so the idea is she waited for 10 years— are close. spill. Now we find that BP indeed there are a lot of moms out there who

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.079 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6509 have small kids at home. Frank and I encourage small businesses, including those still holding back on spending and, as a re- have raised our children while I have in the restaurant industry, to undertake cap- sult, many restaurant operators are con- been in the Senate. He works, too. We ital expenditures. Moreover, these capital tinuing to struggle. Expanding access to cap- know how difficult that is. expenditures have a multiplier effect, spur- ital will help restaurant operators make nec- ring economic activity and job growth in essary investments, hire and retain workers, I know a lot of moms dream for a communities throughout the country. and, in certain cases, keep their doors open. long time about what they would do if An important part of the bill are the provi- The restaurants in my State are hav- they had some time. Patti waited 10 sions to modernize popular Small Business ing a particularly difficult time be- years and then opened her business— Administration (SBA) loan programs and ex- cause they don’t have capital. Now tend expiring loan guarantees and borrower lucky her—in March 2009. She said: I they don’t have any seafood to sell. If have 15 employees; they are part time. fee reductions. Specifically, the maximum size of SBA 7(a) and 504 loans would increase we keep going much longer, they are Our little business has taken off beau- not going to have any customers even tifully. We host birthday parties, holi- from $2 million to $5 million and from $1.5 million to $5.5 million respectively. The fees if I could give them capital and sea- day parties, and sock hops. I recently on such loans, which were eliminated food, because people don’t think they hosted a 50th birthday party. through 2009, would continue to be elimi- should come to the gulf now. That is a She is explaining that her business is nated through 2010. In addition, government whole other subject. going on. She said: guarantees of 90 percent on such loans would Tonight, we can loosen up some of Everyone, once inside our facility, loves also be extended through 2010. These provi- this capital through bankers that they our business and comes back again [even in sions have the strong support of Small Busi- know—they worship with them in these difficult times]. We ran one commer- ness Committee Chairman Landrieu and cial on Channel 4 for a week and our book- Ranking Member Snowe. We also support the church, they worship with them in syn- ings quadrupled. LeMieux-Landrieu Amendment incorporated agogues; they know them. The bankers know them. If we can help small com- One commercial on Channel 4, which into the bill, which would establish a $30 billion Small Business Lending Fund designed munity banks, maybe—just maybe— is our big station, for a week and her to assist small banks to specifically lend and some of these credit unions— bookings quadrupled. money to small businesses. As the nation’s maybe some of the money we shower If I had additional funds for advertising, fragile economic recovery continues, house- on Wall Street—maybe we could give a video games, and maybe one more employee, holds are still holding back on spending and, little bit of rain out there to middle our business would really take off. as a result, many restaurant operators are America and get this recession over. This is the story of the recovery. continuing to struggle. Expanding access to I yield the floor. This is the story of the end of this re- capital will help restaurant operators make cession. If we don’t have more business necessary investments, hire and retain work- f owners like Patti Martinez who will ers, and, in certain cases, keep their doors TRIBUTE TO LOIS BAKER open. hire that one more person, this recov- Additionally, we urge passage at some Mr. MCCONNELL. Mr. President, I ery is never going to happen. Don’t point this year of two additional amend- rise to pay tribute to Mrs. Lois Baker take my word for that. Go look up all ments that were filed but will not be taken and the commitment she made to proof the journals, the scientific journals, up at this time. First, we support an amend- viding rural health care services to and all of the economic studies. You ment filed by Senator Bill Nelson that would thousands of Kentuckians. Beginning provide some tax benefits to small businesses can go to the fancy schools—Harvard, in 1971, Mrs. Baker was the chief execu- MIT—and look and they say that. It is and individuals impacted by the Gulf Oil Spill. Where the Gulf Coast’s beaches and tive officer of Mountain Comprehensive not just what I am saying. Big business wetlands attracted millions of visitors in Health Corporation, MCHC, which con- isn’t going to hire. Small business is previous years and generated demand for res- tinues to provide the residents of east- going to hire—the Patti Martinezes of taurants, the Deepwater Horizon oil spill is ern Kentucky with quality, affordable the world. She ran one commercial and now having resounding negative economic health care. Since opening its first lo- her business quadrupled. Couldn’t we consequences. As such, we urge your support cation, a trailer located on the line be- give her a loan so she can run maybe for the Gulf Coast recovery package recently tween Perry and Leslie Counties, released by Senators Bill Nelson, Wicker, two or three commercials? She is not MCHC has become a fixture in the repaying herself any bonus, I can promise Landrieu, Cochran, Vitter, and LeMieux. The package contains tax incentives that would gion, operating locations in five east- you that. assist small businesses such as restaurants ern Kentucky counties. Now, with 250 I am going to end with a letter we re- as they grapple with the long-term chal- employees, MCHC proudly serves over ceived today from the National Res- lenges resulting from the worst environ- 27,000 patients each year. taurant Association, representing mental disaster in U.S. history. The tax in- Mrs. Baker’s commitment to the 945,000 restaurants across the United centives include tax deferral for reinvested Commonwealth extends well beyond States. I ask unanimous consent that small business reimbursements, extension of her accomplishments at MCHC. A grad- it be printed in the RECORD. the net operating loss carryback period, an uate of Fugazzi Business College and oil spill recovery zone job creation tax cred- There being no objection, the mate- the University of Michigan’s School of rial was ordered to be printed in the it, and enhanced small business expensing in the oil spill recovery zone. Another meri- Public Health, Mrs. Baker served as RECORD, as follows: torious provision that should be considered president of Baker Coal & Land Com- NATIONAL RESTAURANT ASSOCIATION. is allowing the deferral of SBA loan repay- pany and as president of Letcher Manu- DEAR SENATOR: The National Restaurant ments for those businesses located in the Association, representing 945,000 restaurant facturing Company prior to becoming gulf region and impacted by the oil spill. locations across the U.S., supports H.R. 5297, CEO of MCHC. As a member of the ad- Finally, we urge permanent resolution of the Small Business Jobs Act of 2010. The res- missions committee for the University the estate tax issue. In this regard, we would taurant industry, which employs nearly 13 of Kentucky College of Medicine, Mrs. like to take this opportunity to note our million Americans and is expected to gen- support for the estate tax amendment of- Baker proudly encouraged students erate an overall economic impact of $1.5 tril- fered by Senators Kyl and Lincoln, which from eastern Kentucky to pursue ca- lion this year, is comprised mainly of small, would provide hard-working small business reers in the medical field and then to independent businesses. In fact, more than owners with certainty on this important return home and utilize their skills to 98% of restaurants are classified as small issue. better the lives of their fellow Ken- businesses. We urge you to support H.R. 5297, which H.R. 5297 would provide our nation’s small tuckians. will go a long way to help small business businesses with tax relief and assistance in Following her recent passing, the during this difficult economic climate. gaining access to capital that is critical to Booneville Sentinel published an arti- Sincerely, economic and financial recovery. Impor- cle commemorating the life and accom- SCOTT DEFIFE, tantly, this legislation would increase the Executive Vice President, plishments of Mrs. Lois Baker, and I Section 179 expensing limits and expand Sec- Policy & Government Affairs. would like to share that tribute with tion 179 to allow taxpayers to expense up to my colleagues. I ask unanimous con- $250,000 of the cost of qualified leasehold im- Ms. LANDRIEU. In part, it says: provement property, qualified restaurant We also support the LeMieux-Landrieu sent that the full article be printed in property, and qualified retail improvement Amendment incorporated into the bill, which the RECORD. property. In addition, the legislation would would establish a $30 billion Small Business There being no objection, the mate- extend bonus depreciation, which expired at Lending Fund. . . . As the nation’s fragile rial was ordered to be printed in the the end of last year. These provisions would economic recovery continues, households are RECORD as follows:

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.080 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6510 CONGRESSIONAL RECORD — SENATE July 29, 2010 [From the Booneville Sentinel, July 14, 2010] the lessons learned from this disaster Crimes Enforcement Act which would Lois Baker leaves a long list of achieve- will be heeded. bolster the enforcement of environ- ments. This legislation addresses several mental crimes. Often in the case of se- Funeral services for the founder and past issues brought to light in the spill’s rious environmental catastrophes the chief executive officer of Mountain Com- aftermath. It will ensure the fair treat- companies that caused the disaster prehensive Health Corporation (MCHC) was ment of victims like the families of the may be guilty of committing environ- held Wednesday, June 30, 2010 at the First 11 Americans who were killed in the ex- mental crimes. These wrongdoers must Baptist Church in Whitesburg. plosion on the Deepwater Horizon oil Lois attended Stuart Robinson High be held accountable for their criminal School, Fugazzi Business College in Lex- rig. It will encourage responsible cor- acts, and they, rather than American ington, KY and the University of Michigan porate behavior and provide meaning- taxpayers, should pay for the damage. School of Public Health. ful criminal penalties for environ- The Environmental Crimes Enforce- Before leading Mountain Comprehensive mental crimes. It will ensure that Brit- ment Act is crafted to deter environ- Health to become one of the country’s most ish Petroleum and those responsible for mental crime, protect and compensate successful rural health providers, she worked this disaster and any responsible party its victims, and encourage account- in the coal business and operated a furniture associated with an oilspill at an off- ability among corporate actors. This plant. She was president of Baker Coal & shore facility in the future are held would deter schemes by big oil corpora- Land Company from 1959 to 1963, president of fully accountable and liable for all of tions and by others that hurt hard- Letcher Manufacturing Company, Inc. in 1963 and became CEO of MCHC in 1971. the damages the oilspill causes and working Americans and their local The first MCHC clinic was located in that the American taxpayer is not left economies and that damage the envi- Wooten on the Perry/Leslie county line, in a with the bill. It is a response that will ronment by increasing sentences for trailer. MCHC operates five clinics, located help the people of the gulf begin the environmental crimes. All too often, in Letcher, Perry, Harlan and Owsley coun- long process of restoring what they corporations treat fines and monetary ties. MCHC’s team consists of 250 employees have lost. And for those who cannot re- penalties as merely a cost of doing and provides services to more than 27,000 pa- cover what they have lost, it will help business, to be factored against profits. tients each year. In looking back, Lois stat- them as they move forward. These To deter criminal behavior by corpora- ed, ‘‘there was no way that at that time I matters, and others, have been the sub- tions, it is important to have laws re- could have imagined or anyone else that was working at that time could imagine Moun- ject of several recent hearings in the sulting in prison time, and this bill tain Comp as it is today.’’ Senate Judiciary Committee. would appropriately raise sentences for In October 1983, Lois extended her commit- Senators from several committees, environmental crimes so they are comment of providing quality healthcare serv- including the Judiciary Committee, parable with sentences for other seri- ices to the residents of Owsley County and have made important contributions to ous crimes. Nothing gets the attention surrounding counties by opening the Owsley this bill. I am pleased that the major- of corporate decisionmakers like the County Medical Clinic. Owsley Medical Clin- ity leader asked for and listened to the prospect of serving time behind bars. ic is now a medical practice consisting of calls of members of the Judiciary Com- This provision would also help vic- two primary care providers and 15 employees mittee to make sure that a significant tims of environmental crime—the peo- whose mission is to utilize all available re- part of this legislative response was fo- ple who lose their livelihoods, their sources to provide affordable health care to those persons residing in its service area. cused squarely on the needs of the vic- communities, and even their loved The Owsley Medical Clinic is an asset to the tims of this disaster and that the Fed- ones—reclaim their natural and eco- area as well as a source of pride for Owsley eral laws designed to provide justice nomic resources by making restitution County. Thank you Lois for thinking of us! for wrongdoing are fair. mandatory for criminal Clean Water Lois served on many boards and commit- I thank the majority leader for in- Act violations. tees. She was a member of the University of cluding two pieces of legislation I have Other members of the Judiciary Com- Kentucky College of Medicine Admissions introduced—the Survivor’s Equality mittee have made important contribu- Committee. She said that if an eastern Ken- Act, and the Environmental Crimes tions to the majority leader’s bill. Sen- tucky student applied to UK College of Medi- Enforcement Act. I am confident that, ator WHITEHOUSE’s legislation to re- cine, they were accepted and encouraged to come back to the mountains to practice when enacted, both of these provisions verse the Supreme Court’s decision in medicine. She was inducted into the Moun- will help victims and promote responsi- Exxon v. Baker is included in this tain Heritage Hall of Fame, the National As- bility and safety within the energy in- package. When this provision is en- sociation of Community Health Centers dustry. acted, the Supreme Court’s arbitrary Grassroots Advocacy Hall of Fame and the The Survivor’s Equality Act would cap on punitive damages in maritime UK College of Public Health Hall of Fame. remedy profound unfairness in our cases will be erased. Instead, with the Lois always had a vision and she never lost maritime tort laws. The enactment of appropriate measure of liability re- that vision. She was always a pioneer in ev- this provision will end the unequal turned to a jury to decide, corporations erything and never afraid to tackle any- treatment under the law for those who engaged in dangerous and environ- thing. She had a presence that seemed larger are killed at sea. The Death on the than life and felt it was purely about helping mentally risky work will think twice people by providing excellent health care. High Seas Act, which is one of the few about endangering the safety of their Lois’s great passion for her work, compas- remedies for these families to seek jus- workers and the ecosystem. sion for her staff and patients, and friendli- tice, provides compensation only for Senator SCHUMER’s legislation to re- ness even under stress made her a role model pecuniary losses associated with a peal the antiquated Limitation of for all of us. She will be missed greatly by wrongful death. This involves a cold Shipowners’ Liability Act has also many. calculation of a victim’s monetary been included. This statute limits a f worth to his or her family and nothing vessel owner’s total liability to the CLEAN ENERGY JOBS AND OIL more. And if an individual who is killed value of the vessel after an accident COMPANY ACCOUNTABILITY ACT has no dependents, he or she is entitled has occurred. Updating this arcane law to very little, yet the loss to a parent will foreclose the type of conduct we Mr. LEAHY. Mr. President, I com- or a sibling is no less tragic. The cur- witnessed in this case when mend the majority leader for intro- rent Federal maritime law does not Transocean, the owner of the Deep- ducing the Clean Energy Jobs and Oil recognize the profound losses associ- water Horizon, claimed its liability Company Accountability Act. This bill, ated with the death of a loved one—the should be limited to the value of the which I am proud to support, is a time- suffering of a widow who has lost her Deepwater Horizon as it sat on the bot- ly and targeted response to the con- husband; a parent who has lost a child; tom of the gulf. That defies common tinuing devastation in the Gulf of Mex- or a child who will no longer have a sense and propriety. Congress cannot ico, a catastrophe which began 100 days parent to guide them through life. In control a corporation’s desire to evade ago. The Senate must move quickly to modern America, it is simply unfair to its responsibilities, but the American address one of the most immediate and have a different standard of justice for people, through their Congress, need pressing problems facing our Nation those killed at sea than those killed on not allow a law that invites such be- and to find meaningful ways to prevent land. havior to stand. similar disasters in the future. The Another important provision in the Another important provision in this American people rightly expect that pending bill is the Environmental legislative package is the amendment

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.020 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6511 to the Land and Water Conservation Great Smoky Mountains, the Denali This bill is also an important step Fund, LWCF, Act of 1965 to provide for National Park and Preserve, the Ever- forward for the Home Star Program, a full funding of the Land and Water glades, and our own Green Mountain bipartisan home efficiency effort that Conservation Fund. This comes at a National Forest in Vermont. This is a Congressman WELCH has helped lead in time when the purposes of this pro- program that touches every American. the House, that will lower consumers’ gram are keenly important to commu- Even those who have not been able to energy and water costs while creating nities across the country that are fac- visit a national park or forest likely jobs. As Vermont has shown time and ing escalating development pressures, have enjoyed one of the many urban again, energy efficiency retrofits work. while striving to maintain their focus parks, picnic areas, playgrounds, open They not only create quality jobs and on improving the quality of life in trails, or open spaces that LWCF has save homeowners money on their en- their communities. been the key to providing and pro- ergy and water bills, but they also re- In my own home State of Vermont, tecting—places prized by everyday duce our dependence on foreign oil and LWCF has led to the conservation of Americans across the land as places for cut down on harmful carbon emissions. many valued areas—from the Green recreation and so many other uses. The Clean Energy Jobs and Oil Com- Mountain National Forest, which I am proud to have led the bipartisan pany Accountability Act would reduce stretches over nearly two-thirds of the efforts in the Senate to build support our dependence on foreign oil by mak- length of Vermont across a diverse for the fund, whose budget is overseen ing investments in vehicles that run on landscape, to our Missisquoi National by the Interior Appropriations Sub- electricity and natural gas. The lack of Wildlife Refuge near the Canadian bor- committee. I have sought, with bipar- fuel diversity in our transportation der, to the Appalachian Trail that tisan support, increased funding for sector makes our economy and Amer- winds through the State, and to the both the Federal and State sides of the ican consumers particularly vulnerable stunning Marsh-Billings-Rockefeller program and the Forest Legacy Pro- to increases in oil prices, and I am National Historical Park in Wood- gram, another successful and popular pleased that this bill invests in other stock, VT. In recent years, LWCF has conservation initiative that I was transportation alternatives that will also helped to fund the Forest Legacy gratified to be able to launch when I also bring down our carbon emissions. Program, which has permanently con- chaired the Committee on Agriculture, I am sorely disappointed in Washing- served more than 60,000 acres of Nutrition, and Forestry. Regrettably, ton’s inability so far to overcome the forestland in Vermont and nearly 2 securing adequate resources for LWCF entrenched power of special interests million acres nationwide. I am con- has always been difficult, and LWCF by acting on comprehensive climate cerned, though, with how this new has only been fully funded once in its change remedies. This bill is not a sub- LWCF language has been drafted and history. stitute for that, but it does signifies I must also voice some additional worry that it could restrict our ability several constructive steps forward. concerns and reservations that I have to allocate funds for the federal pur- I am proud to stand with Majority about the LWCF language in this bill poses, such as the Forest Legacy Pro- Leader REID in support of the victims regarding the role of the Appropria- gram and other land acquisition proof the greatest environmental disaster tions Committee. I hope that we can on American shores. But the legislative grams that assist in preserving, devel- ensure that Congress, through the di- oping, and assuring accessibility to package he has assembled will do more rection of the Appropriations Com- than just bring justice to these vic- quality outdoor recreation resources mittee, will still have control in estab- and important natural resources. I tims. It will save consumers and tax- lishing how the Land and Water Con- payers money, create jobs throughout hope that I can work with the majority servation Fund is allocated among the leader and other supporters of these the country, and move our country to- State and Federal purposes and the ward a safer, more responsible energy land conservation programs moving various agencies within. I ask that the forward to ensure that LWCF meets industry. It is a commonsense solution. majority leader commit to working I hope it will receive bipartisan sup- the outdoor conservation and recre- with the Interior Appropriations Sub- port. ation needs of the American people. committee chairman to develop lan- f These investments not only protect guage that guarantees the role of the crucial and delicate ecosystems and Congress in appropriating and direct- 45TH ANNIVERSARY OF MEDICARE landscapes that are relied upon by ing these funds rather than leaving all Mrs. LINCOLN. Mr. President, to- countless communities and by indige- control in the administration. I trust morrow our Nation celebrates the 45th nous wildlife; they also offer important that we can find a way to fully fund anniversary of Medicare, a vital pro- recreation opportunities for LWCF and maintain the congressional gram that has provided health care for Vermonters and visitors from other involvement through the appropria- millions of Americans through the States to enjoy these beautiful places tions process. years. During my career in the Senate, for our campgrounds, hiking trails, ski- I applaud the majority leader for in- I have fought to ensure that our Ar- ing, snow shoeing, snowmobiling, and cluding this provision in the bill and kansas seniors and all seniors receive fishing. It made good economic and en- appreciate both his support and that of the best health care possible. I have vironmental sense in 1965 and it re- the chairman of the Energy and Nat- fought to protect Medicare benefits for mains good sense today to reinvest a ural Resources Committee, Senator our Arkansas seniors, so they can re- small fraction of Federal leasing reve- BINGAMAN, for leading this effort to ceive the care they need, when they nues in permanent natural resource protect America’s most treasured land- need it. protection. A healthier environment scapes, to strengthen our local econo- I believe in the promise our govern- and more recreational opportunities mies, and to ensure the future of our ment made to working Americans that will not only promote health and qual- natural, cultural, and recreation herit- if we work hard, Medicare will be there ity of life but also have a positive image. to help us in our golden years. Medi- pact on our economy. More than 500 Now I would be remiss if I did not care has made a healthy and secure re- million people visit national parks and mention another program that has tirement possible for tens of millions monuments, wildlife refuges, and rec- faced the same difficulty receiving its of Americans, including my own moth- reational sites each year, contributing full authorized amount. That would be er. to family paychecks and to local the Historic Preservation Fund, which More than 500,000 Arkansans are en- economies. also receives funding from the Outer rolled in Medicare, and I am proud of LWCF is a visionary and bipartisan Continental Shelf oil lease revenues my work on their behalf. In particular, program. Since its creation in 1964, it but has rarely been appropriated more our Arkansas seniors will see signifi- has conserved more than 5 million than half of the authorized level of $150 cant new benefits because of the Pa- acres of land and water across the million. I hope that I can work with tient Protection and Affordable Care country. These are iconic American my colleagues to solve this issue for Act, which I played a major role in landscapes like the redwood forests, the Historic Preservation Fund, just as crafting. the Grand Canyon National Park, the we are trying to do for the Land and The new health care law will enhance Appalachian National Scenic Trail, the Water Conservation Fund. the life and well being of our seniors in

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.062 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6512 CONGRESSIONAL RECORD — SENATE July 29, 2010 many ways. For example, I fought suc- tory in Kandahar province in Afghani- This finding involves narco-terrorism cessfully to reduce the Medicare Part D stan was raided. Sixteen Taliban were investigations. prescription drug coverage gap known killed. In addition to hearing testimony, we as the doughnut hole, which will save Roughly 1.8 metric tons of opium and have spoken to experts from the De- seniors money beginning this year. In heroin were seized at the lab—along partments of Justice, State, and De- addition, the legislation will imme- with improvised explosive devices, fense, nonpartisan think tanks, and in- diately extend Medicare payment pro- IEDs, IED bomb-making materials, and telligence community officials. tections for small rural hospitals and Taliban training manuals. All agreed that it is essential to re- other health care providers that play The Drug Enforcement Administra- move the leadership of the Afghan vital roles in their communities. tion, DEA, took down 25 heroin proc- narco-cartels from the deadly mix of I am proud that the Senate health essing labs in Afghanistan in fiscal drug money and terror. care reform law explicitly states that year 2009. All of them had ties to the However, the Afghan judicial system no reductions in guaranteed Medicare Taliban. is not capable of prosecuting and incar- benefits will be made, and that any In December 2009, before the House cerating high-value narcotics kingpins. savings generated for the Medicare pro- Armed Services Committee Karl W. The good news is that there is a legal gram will extend Medicare solvency, Eikenberry, U.S. Ambassador to Af- vehicle for U.S. law enforcement to remove these high-value targets. reduce Medicare premiums and cost- ghanistan testified that: In March 2006, as part of the Patriot sharing for beneficiaries, improve or The cultivation of poppy and the traf- Reauthorization Act, the United States expand Medicare guaranteed benefits, ficking of opium without a doubt has the most debilitating effect of Afghan society, enacted title 21 United States Code sec- and preserve access to Medicare health tion 960a. care providers. feeding corruption and undermining the legal economy, while generating funds for Known as the Federal narco-ter- In addition my Medicare Advantage rorism statute, this law gives DEA the lemon law included in the bill creates a the insurgency. Systemic corruption at all levels of authority to pursue narcotics and ter- 45-day period—January 1through Feb- rorism crimes committed anywhere in ruary 15—beginning in 2011 during the Afghan government remains a problem fueled by the drug trade. the world—if a link can be established which beneficiaries who enroll in Medi- between a drug offense and a terrorist care Advantage or prescription drug The two largest income-generators in Afghanistan are estimated to be drugs act or group. plans during the annual enrollment pe- This statute can be applied world- and bribes, accounting for $2.8 billion riod can disenroll and return to tradi- wide. It has been particularly effective and $2.5 billion per year, respectively, tional fee-for-service Medicare. This in combating major drug violators in according to the U.N. Office on Drugs proposal will help protect seniors from Afghanistan. losing benefits or the ability to see and Crime report: ‘‘Corruption in Af- These are the violators who are pro- their doctors if they have discovered ghanistan,’’ January 2010. viding weapons and other substantial they signed up for a Medicare Advan- Together, that is equal to about half resources to the Taliban for use tage plan that does not cover their doc- of the country’s legitimate GDP. This against American and coalition forces, tors or does not meet their health care shocking figure clearly identifies the and against the innocent civilian popu- needs, a problem we have experienced two biggest problems in Afghanistan: lation of Afghanistan. often in Arkansas. drugs and corruption. DEA currently has two 13-agent As we commemorate the 45th anni- Additional resources for the counter- units—the Bilateral Investigations versary of Medicare, I would like to narcotics mission are now being devel- Unit and the Terrorism Investigations take this opportunity to thank the en- oped after it was determined that drug Unit—which address this type of narco- tire Arkansas health care community trafficking clearly supports the insur- terrorism. for their dedicated efforts to ensure gency. The Bilateral Investigations Unit pri- that their fellow Arkansans receive the However, experts agree that it may marily pursues cases of drugs being ex- best care possible. In particular, I com- take many years to get the drug trade ported to the United States, and has mend our health care professionals for in Afghanistan under control. been responsible for successfully inves- their participation in the Medicare Meanwhile, as the U.S. military tigating and convicting major Mexican program, providing comfort and care plans to scale back its presence start- and Colombian drug traffickers. and making a healthy retirement pos- ing in summer 2011, civilian personnel The Terrorism Investigations Unit sible for millions of Arkansans since will remain to continue to support Af- investigates international criminal or- the program’s inception 45 years ago. ghans. ganizations that use illicit drug pro- So the question comes: Will the civil- f ceeds to promote and finance foreign ian counternarcotics forces in Afghani- terrorist organizations and acts of ter- AFGHANISTAN REPORT stan have enough personnel and equip- ror, pursuant to title 21 U.S.C. § 960a, Mrs. FEINSTEIN. Mr. President, the ment to continue meaningful oper- narco-terrorism. Senate Caucus on International Nar- ations without the U.S. military? Agents with the Terrorism Investiga- cotics Control has been studying the As part of the Drug Caucus review, I tions Unit have produced impressive evolving counternarcotics efforts in Af- asked that we identify which programs case results, including: obtaining the ghanistan and has found that the and tools work, and which ones don’t. first conviction under the new narco- Taliban has morphed into a hybrid—it This report makes several rec- terrorism law, against Khan Moham- is one part terrorist organization, one ommendations, including: Increasing med. Captured by DEA and Afghan part global drug trafficking cartel. the capacity of the Afghan counter- Counternarcotics Police in Nangarhar The Taliban’s terrorist operations narcotics forces; continuing U.S. sup- Province in October 2006, Khan Moham- are increasingly fueled by its substan- port for alternative livelihood pro- med was convicted in May 2008 in U.S. tial narcotics profits, with as much as grams and evaluating new program District Court in Washington, DC. He $169 million coming from a single her- proposals; clarifying U.S. policy on received two life sentences for selling oin trafficker in a 10-month period. eradication; increasing dedicated as- narcotics and intending to use the pro- In Afghanistan, the convergence of sets for air support of counternarcotics ceeds to purchase rockets to attack the terrorism and international drug traf- missions prior to the U.S. military U.S. military base in Jalalabad, Af- ficking is strikingly similar to what we drawdown; utilizing narcotics inves- ghanistan. have witnessed in Colombia. There, tigations as a tool to root out and pros- Indicting Haji Juma Khan and co- profits from the cocaine trade has kept ecute corrupt Afghan officials; and sug- ordinating his arrest and expulsion the Marxist terrorist group known as gesting policymakers develop a coun- from Indonesia on October 23, 2008. He the FARC going for the past 46 years. ternarcotics plan as soon as possible was placed into DEA custody and These hybrid organizations are the for when the military-to-civilian ratio transported to New York, where he face of 21st century organized crime. changes. awaits trial. He is one of the world’s In just one counternarcotics oper- Let me highlight one of the report’s most significant heroin and opium traf- ation in October 2009, a major labora- nine findings and recommendations. fickers, who provided direct support to

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.044 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6513 the Taliban from his drug trafficking Unfortunately, many times there are It fuels the insurgency, corrupts pub- revenue. no helicopters available, so the mission lic officials, and undermines political The Terrorism Investigations Unit has to be scrubbed. stability and the rule of law. worked in Afghanistan to capture Haji The Drug Caucus looked into this. If we are to protect coalition forces Bashir Noorzai, who was the world’s We found that it is critical to have from an influx of weapons now, and largest heroin trafficker and one of the dedicated helicopters for counter- leave Afghanistan on firm footing, we five original founding members of the narcotics operations in Afghanistan. must put an end to this relationship Taliban Ruling Shura in Kabul. He was For example, last October Michael between terrorism and drugs. convicted in the Southern District of Braun, former Chief of Operations for In September 2009, the executive di- New York and is now serving a life sen- DEA, told the Drug Caucus that: rector of the United Nations Office of tence. The DEA’s counter narco-terrorism oper- Drugs and Crime, Antonio Maria Costa In December 2009, a Terrorism Inves- ations and vitally important intelligence had this to say: tigations Unit investigation confirmed gathering missions are routinely delayed, Like never before, the fates of counter-nar- that al-Qaida is becoming increasingly often for several days, because the DEA cotics and counter-insurgency are inex- involved with the drug trade, when lacks its own organic helicopter assets in Af- tricably linked. Federal prosecutors in New York ghanistan.’’ On March 16 of this year at the Sen- charged three people with ties to al- The Government Accountability Of- ate Armed Services Committee hearing Qaida and al-Qaida in the Islamic fice reported to Congress in March of General David Petraeus testified that: Maghreb, AQIM, in Africa with narco- this year that: Another major component of our strategy terrorism for conspiring to transport Defense and DEA officials stated that air- is to disrupt narcotics trafficking, which 500 kilograms of cocaine belonging to lift requirements have grown beyond what provides significant funding to the Taliban the FARC across Africa and into Eu- was originally envisaged for the Air Interdic- insurgency. This drug money has been the tion Unit, and they also stated they expected ‘oxygen’ in the air that allows these groups rope. to operate. This case marks the first time that these requirements to grow further as DEA expands into forward operating bases What we have learned is that heroin associates of al-Qaida have been is a weapon for the insurgents and the charged with narco-terrorism offenses, Attorney General Eric Holder told terrorists. as well as the first prosecution of me this when I asked him on March 22, at the Judiciary Committee about the It kills people. It ruins lives. It leads crimes related to drug trafficking in to criminal behavior. support of terrorism in sub-Saharan lack of air assets for counternarcotics operations: And it corrupts governments, putting Africa. a terrible burden and strain on society. Based on the success of these inves- The most significant factor we face in Af- When he learned that a large ship- ghanistan is helicopter lift. DEA must have tigative units and the conditions in Af- ment of heroin was heading to Amer- ghanistan, I believe it is important to adequate helicopter lift capacity that is night capable and flown by veteran pilots. ican cities, convicted Afghan narco- stand up a new team to focus directly Recently, the Drug Caucus learned terrorist Khan Mohammed was re- on Afghanistan. corded on a surveillance tape saying: By providing funding for an Afghani- the following: There are funds available, allocated Good, may God turn all the infidels into stan team, the existing Terrorism In- dead corpses . . . whether it is by opium or vestigations Unit would be able to con- by Congress and provided to the State by shooting, this is our common goal. Department, for supporting other civil- tinue their work in Africa on al-Qaida- There can be no question that the ian agencies operating in Afghanistan. linked organizations. drug trade in Afghanistan is inex- These funds can be used for to obtain An Afghanistan team would also ex- tricably linked to terrorism. So, the dedicated helicopters for counter- pand the Terrorism Investigations drug trade there must be met with the narcotics missions. Unit’s operations—currently focused in same robust response, the same level of There are retired Navy Sikorsky hel- the South and East—to throughout the resolve, as our efforts against the in- icopters mothballed at Davis-Monthan country. surgency. The contacts and leads they discover Air Force Base and elsewhere available Bottom line: If we ignore the drug have produced, and will produce, col- at no cost. problem in Afghanistan we will fail in lateral intelligence for American and The State Department has a contract Afghanistan. coalition forces. I am confident that a with Sikorsky to refurbish up to 110 S– Mr. President, this report may be new unit will produce additional in- 61 helicopters over the next 5 years. found at http://drugcaucus.Senate.gov. dictments and convictions of Taliban It will take approximately 9 months I thank the Chair. to refurbish these helicopters and get members and others for narco-ter- f rorism. them to Afghanistan. Our findings have clearly identified When I learned that we have these SEC FOIA EXEMPTION that this is a program that works. Sim- helicopters, a signed contract with Si- Mr. KAUFMAN. Mr. President, I rise ply put: Narco-terrorism investigations korsky, and funds for the retrofit the to discuss a provision in the Dodd- have proven to be an effective tool in helicopters were all available to meet Frank Wall Street Reform and Con- Afghanistan. So it should be a priority the needs of the counternarcotics mis- sumer Protection Act, section 929I, for funding and action. sion I thought great, ‘‘When will they that is attracting a lot of attention There’s another area that should be a be in country?’’ today, and for good reason. The SEC priority—helicopters. Helicopters are Unfortunately, I cannot get an an- cited it yesterday in seeking to block a essential to this fight here’s why: swer to that question because there has Freedom of Information Act, FOIA, ac- After all our efforts—after the re- been a hold placed on the final decision tion brought by Fox Business News. cruiting and training of Afghan police, regarding these helicopters. A hold Press freedom is a subject that is after developing intelligence, after fol- that has lasted several months. This is very important to me and many other lowing leads—the times comes to law- unacceptable. Time is of the essence. Members of Congress, and one which fully arrest traffickers and seize their These funds must be used now to pre- our country is keen to stress as impor- narcotics. pare these helicopters to get them to tant around the world. It would be This requires a large force of law-en- Afghanistan by next spring. ironic if the Dodd-Frank bill substan- forcement personnel, supported by I ask for the President and the Sec- tially diminished our own press free- troops, and the counternarcotics team retary of State’s full support on this doms. This is particularly the case in must be transported to the target loca- matter so, for the first time, there will the aftermath of a devastating finan- tion by helicopter. be helicopters dedicated to U.S.-led cial crisis when we now hope that Afghanistan is unlike most countries counternarcotics operations in Afghan- greater transparency into our financial in the world in this respect. It is a vast istan. institutions, markets and regulatory country, with a challenging geography, Drug trafficking in Afghanistan pro- agencies will help ensure that systemic and little in the way of passable roads. vides more than 90 percent of the risks do not emerge and grow unde- So helicopters are essential. world’s opium. tected.

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.023 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6514 CONGRESSIONAL RECORD — SENATE July 29, 2010 Section 929I deals with ‘‘records of And as the Financial Crisis Inquiry to transparency should hence be nar- registered persons,’’ that is, informa- Commission and the Senate’s Perma- rowly crafted. Section 929I needs a ‘‘do- tion received by the SEC in the course nent Subcommittee on Investigations over.’’ In the coming weeks, I hope to of its oversight duties with respect to have learned, financial companies are work with the SEC and other Senators any person or entity registered under often reluctant to turn over extensive to craft a more reasonable approach the Securities and Exchange Act and financial records that permit the pub- that satisfies the legitimate concerns other applicable laws, such as the In- lic to better understand complex finan- of the SEC without sacrificing the vestment Company Act and Investment cial transactions and accounting prac- goals of transparency and public ac- Advisers Act. I am concerned that this tices. countability. provision has been written far too As written, the exemption throws a f broadly. Indeed, it appears to have the cloak over all information received by effect of exempting from FOIA requests the Commission from the entities the NATIONAL URBAN LEAGUE’S 100TH virtually all information received by SEC regulates. It is too broad; it does ANNIVERSARY the Securities and Exchange Commis- not serve the public interest; it is not Ms. LANDRIEU. Mr. President, I rise sion from ‘‘registered persons.’’ An consistent with the general goal of today to ask my colleagues to join me overbroad exclusion from public disclo- greater transparency, as President in recognizing the National Urban sure undermines the strong public in- Obama has emphasized both with re- League on celebrating 100 years of ena- terest in transparency. Narrowing or spect to FOIA and financial regulatory bling African Americans to secure eco- eliminating this new exclusion should issues, and it should be reevaluated by nomic self-reliance, parity, power, and be at the top of the list for a bill de- the SEC and Congress. civil rights. signed to amend the Dodd-Frank Act. As I understand it, the SEC has a le- The National Urban League is a his- Section 929I reads in part: gitimate concern now that it must ex- toric civil rights organization dedi- The Commission shall not be compelled to amine thousands of additional entities, cated to economic empowerment in disclose records or information obtained pur- order to elevate the standard of living suant to section 17(b), or records or informa- including private equity and hedge tion based upon or derived from such records funds that must for the first time must in historically underserved urban com- or information, if such records or informa- register under the Investment Advisers munities. Founded in 1910 and head- tion have been obtained by the Commission Act. In the course of those examina- quartered in New York City, the Na- for use in furtherance of the purposes of this tions, a hedge fund may be reluctant to tional Urban League spearheads the ef- title, including surveillance, risk assess- turn over information of a proprietary forts of its local affiliates through the ments, or other regulatory and oversight ac- nature because it is concerned that de- development of programs, public policy tivities. spite the existing exemptions written research, and advocacy. Today, there Let me repeat: The Commission shall into the FOIA statute, the hedge fund are more than 100 local affiliates in 36 not be compelled to disclose records or cannot be certain whether a judge will States and the District of Columbia, information if such records or informa- uphold the exemption. And so the providing direct services that impact tion have been obtained by the Com- hedge fund will be reluctant to turn and improve the lives of more than 2 mission for use in furtherance of the over the information, and the SEC ex- million people nationwide. purposes of this title, including surveil- This week, some of the Nation’s fore- lance, risk assessments or other regu- aminer may be stymied from receiving it unless he or she turns the matter most power brokers, celebrities, cor- latory and oversight activities. porate leaders, and activists are con- This provision is overly broad. I un- into an enforcement action. vening at the Washington Convention derstand how it could help the SEC ob- It may be that Congress needs to give Center in the Nation’s Capital to cele- tain information from the firms they the SEC some additional ability to brate the 100th anniversary of the Na- examine when those firms are reluc- compel documents in such a situation, tional Urban League. The Centennial tant to turn over proprietary informa- or perhaps provide some narrowly tai- Conference marks the completion of tion that might later be subject to lored clarification to a FOIA exemp- FOIA requests. But FOIA already has tion for financial information of a par- the first century of leadership and exemptions in it to deal with such con- ticularly sensitive proprietary nature. service and now prepare for a new civil cerns. If those exemptions need to be But this provision as signed into law rights strategy to meet the new chal- broadened, we should have done so with drops a net over such information that lenges to equal opportunity in Amer- a scalpel. is far too wide. ica. For example, the provision fails to Indeed, in writing such a broad provi- The National Urban League employs differentiate between proprietary in- sion, Congress may have inadvertently a five-point approach to provide eco- formation that might be turned over to encouraged registered entities to seek nomic empowerment, educational op- the SEC during an examination, finan- even more FOIA protection before co- portunities, and the guarantee of civil cial information a firm may simply operating with the SEC. That is be- rights for African Americans: edu- prefer not to provide, and market data cause the logical corollary of pro- cation and youth empowerment, which collected through standard surveil- tecting confidential information is to ensures the education of all children by lance activities by the Commission. It insist on a wider scope of confidential providing access to early childhood lit- is not difficult to imagine why hedge information, which, in turn, further eracy, aftercare programs and college funds and other trading firms would be erodes both our press freedoms and scholarships; economic empowerment, reluctant to turn over proprietary al- market transparency. which invests in the financial literacy gorithms: Quite simply, those com- In addition, the SEC may be legiti- and employability of adults through puter programs likely contain loads of mately concerned that it could be re- job training, home ownership, and en- historical data, analysis, pattern rec- quired to turn over sensitive propri- trepreneurship; health and quality of ognition code and other tools that etary information in response to a life empowerment, which promotes comprise a trading firm’s ‘‘special third-party subpoena issued in litiga- community wellness through a focus sauce.’’ Just as Coca-Cola and Heinz 57 tion to which the SEC is not even a on prevention, including fitness, have strong motivations to keep their party. Once again, however, Congress healthy eating, and access to afford- recipes a secret, and have done so for should carefully examine the appro- able healthcare; civic engagement and generations, so too do proprietary trad- priate contours of third-party dis- leadership empowerment, which en- ers have strong incentives to guard covery requests to the SEC. It should courages all people to take an active their carefully written algorithms. not categorically exclude information role to improve quality of life through But data collected by the SEC as part held by the SEC based only upon its participation in community service of everyday surveillance activities, in- status as having been obtained from a projects and public policy initiatives; cluding the data set to be collected ‘‘registered person.’’ and civil rights and racial justice em- pending the Commission’s approval of Over the last few years, the credi- powerment, which guarantees equal ‘‘large trader’’ tagging and a consoli- bility of our markets has been dam- participation in all facets of American dated audit trail, should fall into an aged. Only transparency can best re- society through proactive public poli- entirely different category. store that credibility; any exemptions cies and community-based programs.

VerDate Mar 15 2010 02:47 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.057 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6515 I ask that my colleagues join me in he announced his retirement earlier also directly contributed to his suc- congratulating the National Urban this year. cessful representation of the CIA’s in- League on its 100th anniversary and in Mr. President, today I honor the tre- terests before the committee and Con- wishing them the best for years to mendous contributions Thomas gress. come. Charlton has made during his remark- Throughout his career, Mike Sulick f able career. demonstrated a profound commitment I celebrate the achievements that to our Nation, a selfless service to the ADDITIONAL STATEMENTS have marked his tenure and the lives CIA, a deep concern for Agency officers he touched at every step along the and their families, and a commitment TRIBUTE TO THOMAS L. way. to excellence. Mike is a consummate CHARLTON But even as we wish him a happy re- professional whose performance, in tirement and recognize the indelible over 30 years of service, has personified ∑ Mr. BURRIS. Mr. President, as a mark he has left on Baylor University, those traits of courage, competency, longtime public servant, I have always I cannot help but reflect that, among and integrity that our Nation has come had the utmost regard for individuals his students, his peers, and all who to expect and so desperately needs who dedicate themselves to a greater share his dedication, he will be sorely from its professional intelligence offi- cause. missed. cers. Among these, educators stand out in I yield the floor.∑ Mr. President, I ask my colleagues to my mind as especially worthy of f join me in thanking Mr. Mike Sulick thanks and recognition. for his honorable service to the Central I often say that educators have an TRIBUTE TO MICHAEL J. SULICK Intelligence Agency and the people of eternal impact on our country’s youth. ∑ Mrs. FEINSTEIN. Mr. President, I the U.S. and also thanking Mike’s wife From primary school through grad- wish to recognize and pay tribute to Shirley for her support and under- uate school, these dedicated men and Mr. Michael J. Sulick, Director of the standing, as well as her sacrifices in al- women are charged with shaping the National Clandestine Service of the lowing Mike to selflessly commit him- next generation of Americans. Central Intelligence Agency, who will self to protecting our Nation. They provide our Nation’s young peo- retire tomorrow, July 30, 2010. Mr. We wish Mike and Shirley Sulick all ple with the inspiration to achieve, and Sulick’s career spans over 30 years in the best in the future.∑ the tools to succeed in a global mar- the CIA during which he distinguished f ketplace. himself as a patriot, leader, and friend So today, I honor one such educator, SPRINGFIELD BAPTIST CHURCH of the U.S. Senate. Mike Sulick also Professor Thomas L. Charlton—a bril- ∑ Mr. ISAKSON. Mr. President, today I served as a marine in Vietnam from liant scholar, a remarkable advocate honor in the RECORD Springfield Bap- 1968 to 1969. for the values of higher learning, and tist Church in Greensboro, GA. It is a rare opportunity to pay trib- an avid student of history in his own On August 15, 2010, the Georgia His- ute publicly to one of the men and right. torical Society will place a permanent women who serve beyond the front Professor Charlton began his career marker recognizing this historic lines, working in secret to protect and in 1962, at San Antonio College, where church as the oldest African-American serve the Nation. Having ‘‘come in he taught as many as five classes at church in Greene County. Established from the cold,’’ I am pleased to be able one time. in 1864, Springfield Baptist Church has to say a few words about Mike. He developed a passion for teaching been a place of faith, hope, and dreams A New York native, Mr. Sulick grad- that would guide him for the rest of his for its members for almost 150 years. career. After he earned his Ph.D. in uated from Fordham University in 1971 This isn’t the first time that Spring- 1969 at the University of Texas at Aus- with a B.A. degree in Russian language/ field Baptist Church has been honored tin, he became a professor of history at literature and continued at the Univer- for its important place in Greene Coun- Baylor University. sity to earn a M.A. in Russian lan- ty’s history. On September 8, 1987, the At Baylor, he founded the Institute guage/literature in 1972. In 1977, he re- church was listed on the National Reg- for Oral History. And over the next ceived a doctorate in comparative lit- ister of Historic Places. quarter century, he presided over its erature from City University of New It gives me a great deal of pleasure ascension as one of the top oral history York, NY. and it is a privilege to recognize the research centers in the country. During his career, Mike served more Springfield Baptist Church and its con- He pushed for excellence at every than 11 years abroad in Asia, Latin tributions to Greene County. I con- turn, and he dedicated himself to the America, Poland, and Russia, where he gratulate Pastor James C. Tazel, Jr. preservation of our rich past. was able to use his language fluency of and the entire congregation on this In 1981, Dr. Charlton authored a land- Spanish, Polish, and Russian. In head- historic occasion.∑ quarters assignments, he served as mark academic text on the oral history f of Texas, entitled ‘‘Oral History for Chief of Liaison in the Office of Con- Texans.’’ gressional Affairs, Chief of Central TRIBUTE TO PIUS BANNIS The following year, he became found- Eurasia Division, Chief of Counter- ∑ Mr. LEMIEUX. Mr. President, today I ing president of the Texas Oral History intelligence, and as the Deputy Direc- honor a true American hero, Mr. Pius Association and saw his national rep- tor and later as Director of the Na- Bannis. utation grow by leaps and bounds. tional Clandestine Service. Mr. Bannis is the field office director But for all the acclaim and success Mr. Sulick retired from the CIA as for U.S. Citizenship and Immigration that he enjoyed, those who know Pro- the Deputy Director of the National Services stationed in the U.S. Embassy fessor Charlton will be quick to point Clandestine Service in 2004. In 2007, in Port-au-Prince, Haiti. During the out that he is never happier than when Mike heeded the call of service when he darkest moments of the devastating he is out in the field with a group of his was asked by the CIA Director, GEN earthquake of January 12, 2010, that de- graduate students. Michael Hayden, and his Deputy Direc- stroyed Port-au-Prince, Haiti, Mr. He has never lost the passion for tor, Steve Kappes, to rejoin the Agen- Bannis bravely performed his duties. teaching that he discovered in the cy. He has been the head of the clan- As we know, children are the most early days of his career—a passion destine service for the past 3 years. vulnerable victims of any disaster—let which has guided him to this day. In this capacity, he had frequent alone the tragic January 12, 2010, In the last two decades, Professor interaction with Senators and staff of earthquake causing devastation of Charlton served the Baylor community the Senate Select Committee on Intel- monumental proportions in Haiti. In as vice provost for research, and later ligence. His professionalism, mature the immediate aftermath of this trag- as director of the Texas Collection li- judgment, sage advice, and inter- edy, Mr. Bannis selflessly worked brary. personal skills earned him the respect around the clock to ensure hundreds of And after nearly half a century of and confidence of the committee. His orphaned Haitian children were re- dedicated service at the college level, sound judgment, courage, and candor moved from harm’s way and placed in a

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.064 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6516 CONGRESSIONAL RECORD — SENATE July 29, 2010 safe environment with loving American businessman. He spent time with the has researched information to describe families. It was during these very emo- Florida Power & Light Company and hundreds of selected images showing tional moments Mr. Bannis heroically IBM. He was the founding president of excellence in highway design, out- united families but never wavered from Financial Transaction Systems, Inc., standing bridge structures, and his sworn duty of upholding the law as and president of Telecredit Service multimodal transportation. Mr. Hay a field office director for U.S. Citizen- Center, Inc. In addition, he served as was also responsible for historical ex- ship and Immigration Services. His he- president of Dynamic Realty of Tampa, hibits, and was widely known for his roic actions will afford countless or- Inc., was chairman of Gateway Hold- wealth of knowledge about the Federal phaned children an opportunity to ings, Inc., and served as president of Highway Administration’s history, as build a better life in the wake of this the Armed Forces Financial Network. well as the history of America’s road- tragedy. I wish to take this opportunity to ways. As an integral part of the pub- Today I wish to recognize Mr. pay tribute to Admiral Collins, a pillar lishing and visual communications Bannis’ extraordinary leadership. I of our great State, for his service to team, he has written numerous fas- commend him and his colleagues of the our Nation and his commitment to cinating articles that chronicle the de- U.S. Citizenship and Immigration Serv- helping Florida’s veterans. His work velopment of our modern transpor- ices for their selfless sacrifices and for Florida’s veterans, their families tation system. service to protect the most vulnerable and survivors in improving their health In his spare time, Mr. Hay has also victims of the January 2010 earthquake and well-being will be greatly missed. appeared as an extra in more than 100 in Haiti.∑ Admiral Collins served his country movies. His film credits include walk- f diligently, with pride, and with honor. ing beside Cary Grant in the Alfred On behalf of all Floridians, and specifi- Hitchcock masterpiece, ‘‘North by REMEMBERING REAR ADMIRAL cally the nearly 1.8 million veterans Northwest.’’ Today, Mr. Hay continues LEROY COLLINS, JR. who call Florida home, I thank him for to act as an extra, averaging two films ∑ Mr. LEMIEUX. Mr. President, today I his service and know he will be greatly per year. wish to give special recognition to the missed.∑ Throughout his career, Mr. Hay’s life and work of a friend and fellow Flo- f outstanding efforts have enhanced ridian, former U.S. Navy RADM LeRoy DOT’s public image by bringing posi- TRIBUTE TO GEORGE AUSTIN HAY Collins, Jr . I had the pleasure of work- tive transportation messages to citi- ing closely with Admiral Collins during ∑ Mr. SPECTER. Mr. President, I con- zens across the Nation. His multimedia my time with the Governor’s office and gratulate and honor George Austin Hay products have depicted significant his- more recently on federal issues improv- on his recent retirement as a multi- torical events and garnered widespread ing health care for veterans. He was a media specialist for the U.S. Depart- attention, as well as notable com- fifth-generation Floridian who came ment of Transportation, DOT. As a mendations. His fascinating articles, from a long line of public servants and former resident of, and originally from, films, and exhibits have chronicled the will always be remembered for his com- Johnstown, PA, Mr. Hay’s 37 years development of our modern transpor- mitment to the military community with the Federal Highway Administra- tation system. His work demonstrates and our State. tion capped an extraordinary career of an extraordinary ability to harness A native of Tallahassee, FL, LeRoy 55 years of public service with the Fed- knowledge about DOT’s history, as well Collins received his commission from eral Government. He has distinguished as the history of America’s transpor- the U.S. Naval Academy in June 1956 himself as a truly dedicated public tation system. Mr. Hay has provided an and began a long career with the Navy. servant. invaluable service for many years, and His first tour was aboard the amphib- Mr. Hay joined the Department of his achievements will have a lasting ious transport USS Calvert, followed by Defense in 1955 as a motion picture pro- legacy.∑ ducer and casting director at the De- a Submarine Officer’s Basic Course in f Groton, CT. Later, he served aboard partment’s Army Pictorial Center in the submarine USS Chivo. Through Astoria, New York—the most expan- GANN VALLEY, SOUTH DAKOTA hard work, dedication and sacrifice, sive government film facility and, at ∑ Mr. THUNE. Mr. President, today I LeRoy earned the rank of rear admiral. that time, the fourth largest studio recognize Gann Valley, SD. Founded in Admiral Collins served as an analyst and sound stage in the world. There he 1885, the town of Gann Valley will cele- for Naval Intelligence in Washington, produced Army training films, Govern- brate its 125th anniversary this year. DC and as a ballistic missile weapons ment documentaries, and Defense De- Located in Buffalo County, Gann officer aboard the nuclear-powered bal- partment short subjects. While em- Valley is a small yet steadfast commu- listic missile submarine USS James ployed at the Department of Defense, nity that embodies the spirit of South Madison. After a brief tour working Mr. Hay had the privilege of working Dakota. Gann Valley’s proximity to missile test operations at Naval Ord- with some of Hollywood’s best, includ- the Missouri River has made this town nance Training Unit in Cape Canaveral, ing Paul Newman, Edward R. Murrow, a great location for outdoor adven- he transferred to the Navy Reserve in Ed Asner, Henry Fonda, Gene Hack- tures, such as fishing, camping, and 1966. man, Dick Cavett, and Ronald Reagan, boating. Gann Valley has continued to While a naval reservist, Admiral Col- all of whom Mr. Hay hired for military be a strong reflection of South Dako- lins served as commanding officer of training films. He also developed a ta’s greatest values and traditions. the coastal minesweeper USS Thrush friendship with Walter Cronkite. Gann Valley will commemorate the and later as commander of various In 1973, Mr. Hay was called to Wash- 125th anniversary of its founding with Navy Reserve submarine units. During ington to fill the shoes of the retiring a celebration held from July 30 through his time, he was the Navy’s liaison to chief of the Federal Highway Adminis- August 1, featuring events such as a the Florida National Guard and also tration’s photographic section. While wagon train, parade, buffalo chip commanding officer of the Navy liaison at the Federal Highway Administra- throwing, rooster roping, live minnow unit at U.S. Readiness Command, tion, Mr. Hay produced his crowning races, and a street dance. I would like headquartered at MacDill Air Force achievement in film: ‘‘Highways of His- to offer my congratulations to the citi- Base, FL. tory.’’ This film narrative depicts the zens of Gann Valley on this milestone The admiral served as Commander, history of transportation in the United anniversary and wish them continued Naval Reserve Readiness Command, States. The film has been shown on tel- prosperity in the years to come.∑ Region 8 and later as Deputy Chief of evision and has been distributed to f Naval Operations (Reserve) for Logis- high schools and universities with an tics, Pentagon, until his retirement estimation of more than 1 million TRIBUTE TO ROBERT BERRY from the Navy Reserve as a two-star viewers over the last 30 years. ∑ Mr. THUNE. Mr. President, today I rear admiral in October, 1990. As a multimedia specialist, Mr. Hay wish to recognize Robert Berry, an in- Throughout his service in the Navy was involved with an extensive photo tern in my Aberdeen, SD, office, for all Reserve, Admiral Collins was also a and illustration search program. He of the hard work he has done for me,

VerDate Mar 15 2010 04:43 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.022 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6517 my staff, and the State of South Da- tems serve to undermine Lebanese sov- and Trademark Office for the fiscal year end- kota over the past several months. ereignty, contribute to political and ing September 30, 2010, and for other pur- Robert is a graduate of Aberdeen economic instability in the region, and poses. Central High School in Aberdeen, SD. continue to pose an unusual and ex- H.R. 5875. An act making emergency supplemental appropriations for border security Currently, he is attending the Univer- traordinary threat to the national se- for the fiscal year ending September 30, 2010, sity of Minnesota, where he is majoring curity and foreign policy of the United and for other purposes. in political science. He is a hard work- States. For these reasons, I have deter- The message also announced that the er who has been dedicated to getting mined that it is necessary to continue House agrees to the amendment of the the most out of his internship experi- the national emergency declared on Senate to the bill (H.R. 2765) to amend ence. August 1, 2007, to deal with that threat title 28, United States Code, to prohibit I would like to extend my sincere and the related measures adopted on recognition and enforcement of foreign thanks and appreciation to Robert for that date to respond to the emergency. defamation judgments and certain for- all of the fine work he has done and BARACK OBAMA. eign judgments against the providers of wish him continued success in the THE WHITE HOUSE, July 29, 2010. interactive computer services. years to come.∑ f The message further announced that f MESSAGES FROM THE HOUSE the House agrees to the amendment of TRIBUTE TO AIMEE CORNELIUS ENROLLED BILL SIGNED the Senate to the bill (H.R. 5610) to provide a technical adjustment with re- ∑ Mr. THUNE. Mr. President, today I At 9:33 a.m., a message from the House of Representatives, delivered by spect to funding for independent living wish to recognize Aimee Cornelius, an centers under the Rehabilitation Act of intern in my Aberdeen, SD, office, for Mr. Novotny, one of its reading clerks, announced that the Speaker has signed 1973 in order to ensure stability for all of the hard work she has done for such centers. me, my staff, and the State of South the following enrolled bill: The message also announced that Dakota over the past several months. H.R. 4899. An act making supplemental ap- pursuant to section 201(b) of the Inter- Aimee is a graduate of Aberdeen Cen- propriations for the fiscal year ending Sep- national Religious Freedom Act of 1998 tral High School in Aberdeen, SD. Cur- tember 30, 2010, and for other purposes. (22 U.S.C. 6431), and the order of the rently, she is attending North Central At 10:08 a.m., a message from the House of January 6, 2009, the Speaker University, where she is majoring in House of Representatives, delivered by appoints the following member on the journalism. She is a hard worker who Ms. Brandon, one of its reading clerks, part of the House of Representatives to has been dedicated to getting the most announced that the House has passed the Commission on International Reli- out of her internship experience. the following bills, in which it requests gious Freedom: Upon the recommenda- I would like to extend my sincere the concurrence of the Senate: tion of the Minority Leader: Ms. Nina thanks and appreciation to Aimee for H.R. 1796. An act to amend the Consumer Shea of Washington, DC, for a two-year all of the fine work she has done and Product Safety Act to require residential term ending May 14, 2012, to succeed wish her continued success in the years carbon monoxide detectors to meet the ap- herself. to come.∑ plicable ANSI/UL standard by treating that ENROLLED BILLS SIGNED f standard as a consumer product safety rule, to encourage States to require the installa- At 11:54 a.m., a message from the REPORT RELATIVE TO THE CON- tion of such detectors in homes, and for House of Representatives, delivered by TINUATION OF THE NATIONAL other purposes. Mrs. Cole, one of its reading clerks, an- EMERGENCY WITH RESPECT TO H.R. 1875. An act to establish the Emer- nounced that the Speaker has signed THE ACTIONS OF CERTAIN PER- gency Trade Deficit Commission. the following enrolled bills: H.R. 2480. An act to improve the accuracy SONS TO UNDERMINE THE SOV- of fur product labeling, and for other pur- S. 1749. An act to amend title 18, United EREIGNTY OF LEBANON OR ITS poses. States Code, to prohibit the possession or DEMOCRATIC PROCESSES AND H.R. 4658. An act to authorize the convey- use of cell phones and similar wireless de- INSTITUTIONS—PM 65 ance of a small parcel of National Forest vices by Federal prisoners. S. 1789. An act to restore fairness to Fed- The PRESIDING OFFICER laid be- System land in the Cherokee National For- est and to authorize the Secretary of Agri- eral cocaine sentencing. fore the Senate the following message culture to use the proceeds from that con- H.R. 2765. An act to amend title 28, United from the President of the United veyance to acquire a parcel of land for inclu- States Code, to prohibit recognition and en- States, together with an accompanying sion in that national forest, and for other forcement of foreign defamation judgments report; which was referred to the Com- purposes. and certain foreign judgments against the mittee on Banking, Housing, and H.R. 4692. An act to require the President providers of interactive computer services. Urban Affairs: to prepare a quadrennial National Manufac- H.R. 5610. An act to provide a technical ad- turing Strategy, and for other purposes. justment with respect to funding for inde- To the Congress of the United States: H.R. 5156. An act to provide for the estab- pendent living centers under the Rehabilita- Section 202(d) of the National Emer- lishment of a Clean Energy Technology Man- tion Act of 1973 in order to ensure stability gencies Act (50 U.S.C. 1622(d)) provides ufacturing and Export Assistance Fund to for such centers. for the automatic termination of a na- assist the United States businesses with ex- At 3:33 p.m., a message from the tional emergency unless, prior to the porting clean energy technology products and services. House of Representatives, delivered by anniversary date of its declaration, the H.R. 5669. An act to direct the Secretary of Mrs. Cole, one of its reading clerks, an- President publishes in the Federal Reg- Agriculture to convey certain Federally nounced that the House has passed the ister and transmits to the Congress a owned land located in Story County, Iowa. following bill, in which it requests the notice stating that the emergency is to H.R. 5751. An act to provide for the estab- concurrence of the Senate: continue in effect beyond the anniver- lishment of a task force that will be respon- sary date. In accordance with this pro- sible for investigating cases referred to the H.R. 5822. An act making appropriations vision, I have sent to the Federal Reg- Attorney General under the Lobbying Dis- for military construction, the Department of closure Act of 1995, and for other purposes. Veterans Affairs, and related agencies for ister for publication the enclosed notice H.R. 5827. An act to amend title 11 of the the fiscal year ending September 30, 2011, and stating that the national emergency United States Code to include firearms in for other purposes. declared with respect to the actions of the types of property allowable under the al- The message also announced that the certain persons to undermine the sov- ternative provision for exempting property House has agreed to the following con- ereignty of Lebanon or its democratic from the estate. H.R. 5872. An act to provide adequate com- current resolutions, in which it re- processes and institutions is to con- quests the concurrence of the Senate: tinue in effect beyond August 1, 2010. mitment authority for fiscal year 2010 for While there have been some recent guaranteed loans that are obligations of the H. Con. Res. 307. Concurrent resolution General and Special Risk Insurance Funds of providing for a conditional recess or adjourn- positive developments in the Syrian- the Department of Housing and Urban Devel- ment of the Senate. Lebanese relationship, continuing arms opment H. Con. Res. 308. Concurrent resolution transfers to Hizballah that include in- H.R. 5874. An act making supplemental ap- providing for a conditional adjournment of creasingly sophisticated weapons sys- propriations for the United States Patent the House of Representatives.

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ENROLLED BILL SIGNED Aflatoxin Regulations’’ (Docket Nos. AMS– July 28, 2010; to the Committee on Agri- At 5:45 p.m., a message from the FV–10–0031; FV10–983–1 IR) received in the Of- culture, Nutrition, and Forestry. House of Representatives, delivered by fice of the President of the Senate on July EC–6871. A communication from the Ad- 28, 2010; to the Committee on Agriculture, ministrator of the Fruit and Vegetable Pro- Mr. Novotny, one of its reading clerks, Nutrition, and Forestry. grams, Agricultural Marketing Service, De- announced that the Speaker has signed EC–6864. A communication from the Ad- partment of Agriculture, transmitting, pur- the following enrolled bill: ministrator of the Fruit and Vegetable Pro- suant to law, the report of a rule entitled H.R. 4380. An act to amend the Harmonized grams, Agricultural Marketing Service, De- ‘‘National Sheep Industry Improvement Cen- Tariff Schedule of the United States to mod- partment of Agriculture, transmitting, pur- ter’’ (Docket No. AMS–LS–08–0064) received ify temporarily certain rates of duty, and for suant to law, the report of a rule entitled in the Office of the President of the Senate other purposes. ‘‘Fresh Prunes Grown in Designated Coun- on July 28, 2010; to the Committee on Agri- culture, Nutrition, and Forestry. The enrolled bill was subsequently ties in Washington and in Umatilla County, OR; Suspension of Reporting and Assessment EC–6872. A communication from the Ad- signed by the President pro tempore Requirements’’ (Docket Nos. AMS–FV–10– ministrator, Rural Utilities Service, Depart- (Mr. INOUYE). 0054; FV10–924–2 IR) received in the Office of ment of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Special f the President of the Senate on July 28, 2010; to the Committee on Agriculture, Nutrition, Evaluation Assistance for Rural Commu- MEASURES PLACED ON THE and Forestry. nities and Households Program’’ ((7 CFR CALENDAR EC–6865. A communication from the Ad- Part 1774)(RIN0572–AC14)) received in the Of- ministrator of the Fruit and Vegetable Pro- fice of the President of the Senate on July The following bill was read the sec- grams, Agricultural Marketing Service, De- 28, 2010; to the Committee on Agriculture, ond time, and placed on the calendar: partment of Agriculture, transmitting, pur- Nutrition, and Forestry. S. 3663. A bill to promote clean energy jobs suant to law, the report of a rule entitled EC–6873. A communication from the Under and oil company accountability, and for ‘‘Kiwifruit Grown in California; Changes to Secretary of Defense (Personnel and Readi- other purposes. District Boundaries’’ (Docket Nos. AMS–FV– ness), transmitting the report of (4) officers 08–0085; FV08–920–3 IR) received in the Office authorized to wear the insignia of the grade The following bill was read the first of major general in accordance with title 10, and second times by unanimous con- of the President of the Senate on July 28, 2010; to the Committee on Agriculture, Nu- United States Code, section 777; to the Com- sent, and placed on the calendar: trition, and Forestry. mittee on Armed Services. H.R. 5822. An act making appropriations EC–6866. A communication from the Ad- EC–6874. A communication from the Under for military construction, the Department of ministrator of the Fruit and Vegetable Pro- Secretary of Defense (Acquisition, Tech- Veterans Affairs, and related agencies for grams, Agricultural Marketing Service, De- nology and Logistics), transmitting, pursu- the fiscal year ending September 30, 2011, and partment of Agriculture, transmitting, pur- ant to law, a report relative to the inventory for other purposes. suant to law, the report of a rule entitled lists for the Departments of the Army, Navy, ‘‘Raisins Produced From Grapes Grown in and Air Force, as well as U.S. Transpor- f California; Final Free and Reserve Percent- tation Command, U.S. Special Operations Command, Washington Headquarters Serv- ages for 2009–10 Crop Natural (Sun—Dried) ENROLLED BILLS PRESENTED ices, and the other defense agencies; to the Seedless Raisins’’ (Docket Nos. AMS–FV–09– The Secretary of the Senate reported Committee on Armed Services. 0075; FV10–989–1 FIR) received in the Office of EC–6875. A communication from the Sec- that on July 29, 2010, she had presented the President of the Senate on July 28, 2010; to the President of the United States retary of the Army, transmitting, pursuant to the Committee on Agriculture, Nutrition, to law, an annual report relative to recruit- the following enrolled bills: and Forestry. ment incentives; to the Committee on EC–6867. A communication from the Ad- S. 1749. An act to amend title 18, United Armed Services. States Code, to prohibit the possession or ministrator of the Fruit and Vegetable Pro- EC–6876. A communication from the Under use of cell phones and similar wireless de- grams, Agricultural Marketing Service, De- Secretary of Defense (Personnel and Readi- vices by Federal prisoners. partment of Agriculture, transmitting, pur- ness), transmitting a report on the approved S. 1789. An act to restore fairness to Fed- suant to law, the report of a rule entitled retirement of Vice Admiral Jeffrey A. eral cocaine sentencing. ‘‘National Organic Program; Amendments to Wieringa, United States Navy, and his ad- the National List of Allowed and Prohibited vancement to the grade of vice admiral on f Substances (Crops)’’ ((RIN0581–AC93)(Docket the retired list; to the Committee on Armed EXECUTIVE AND OTHER Nos. AMS–NOP–09–0081; TM–09–04 FR)) re- Services. ceived in the Office of the President of the COMMUNICATIONS EC–6877. A communication from the Under Senate on July 28, 2010; to the Committee on Secretary of Defense (Personnel and Readi- The following communications were Agriculture, Nutrition, and Forestry. ness), transmitting a report on the approved laid before the Senate, together with EC–6868. A communication from the Ad- retirement of Vice Admiral Melvin G. Wil- accompanying papers, reports, and doc- ministrator of the Fruit and Vegetable Pro- liams, Jr., United States Navy, and his ad- grams, Agricultural Marketing Service, De- uments, and were referred as indicated: vancement to the grade of vice admiral on partment of Agriculture, transmitting, pur- the retired list; to the Committee on Armed EC–6861. A communication from the Direc- suant to law, the report of a rule entitled Services. tor of the Regulatory Management Division, ‘‘Nectarines and Peaches Grown in Cali- EC–6878. A communication from the Direc- Office of Policy, Economics, and Innovation, fornia; Changes in Handling Requirements tor of Defense Procurement and Acquisition Environmental Protection Agency, transmit- for Fresh Nectarines and Peaches’’ (Docket Policy, Department of Defense, transmitting, pursuant to law, the report of a rule en- Nos. AMS–FV–09–0090; FV10–916/917–1 FIR) re- ting, pursuant to law, the report of a rule entitled ‘‘Mevinphos; Proposed Data Call-in ceived in the Office of the President of the titled ‘‘Defense Federal Acquisition Regula- Order for Pesticide Tolerance’’ (FRL No. Senate on July 28, 2010; to the Committee on tion Supplement; Inflation Adjustment of 8835–7) received in the Office of the President Agriculture, Nutrition, and Forestry. Acquisition-Related Thresholds’’ (DFARS of the Senate on July 27, 2010; to the Com- EC–6869. A communication from the Ad- Case 2009–D003) received in the Office of the mittee on Agriculture, Nutrition, and For- ministrator of the Fruit and Vegetable Pro- President of the Senate on July 29, 2010; to estry. grams, Agricultural Marketing Service, De- the Committee on Armed Services. EC–6862. A communication from the Ad- partment of Agriculture, transmitting, pur- EC–6879. A communication from the Assist- ministrator of the Fruit and Vegetable Pro- suant to law, the report of a rule entitled ant Secretary of the Navy (Research, Devel- grams, Agricultural Marketing Service, De- ‘‘Irish Potatoes Grown in Colorado; Relax- opment and Acquisition), transmitting, pur- partment of Agriculture, transmitting, pur- ation of Handling Regulation for Area No. 3’’ suant to law, a report relative to the deter- suant to law, the report of a rule entitled (Docket Nos. AMS–FV–08–0115; FV09–948–2 mination and findings for authority to award ‘‘Kiwifruit Grown in California; Order FIR) received in the Office of the President a single source task or delivery order con- Amending Marketing Order No. 920’’ (Docket of the Senate on July 28, 2010; to the Com- tract; to the Committee on Armed Services. Nos. AO–FV–08–0174; AMS–FV–08–0085; FV08– mittee on Agriculture, Nutrition, and For- EC–6880. A communication from the Sec- 920–3) received in the Office of the President estry. retary of the Treasury, transmitting, pursu- of the Senate on July 28, 2010; to the Com- EC–6870. A communication from the Ad- ant to law, a six-month periodic report on mittee on Agriculture, Nutrition, and For- ministrator of the Fruit and Vegetable Pro- the national emergency that was declared in estry. grams, Agricultural Marketing Service, De- Executive Order 12947 with respect to terror- EC–6863. A communication from the Ad- partment of Agriculture, transmitting, pur- ists who threaten to disrupt the Middle East ministrator of the Fruit and Vegetable Pro- suant to law, the report of a rule entitled peace process; to the Committee on Banking, grams, Agricultural Marketing Service, De- ‘‘Irish Potatoes Grown in Washington; Tem- Housing, and Urban Affairs. partment of Agriculture, transmitting, pur- porary Change to the Handling Regulations EC–6881. A communication from the Chair- suant to law, the report of a rule entitled and Reporting Requirements’’ (Docket Nos. man and President of the Export-Import ‘‘Pistachios Grown in California, Arizona, AMS–FV–10–0052; FV10–946–1 IR) received in Bank, transmitting, pursuant to law, a re- and New Mexico; Modification of the the Office of the President of the Senate on port relative to transactions involving U.S.

VerDate Mar 15 2010 03:27 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.031 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6519 exports to Ireland; to the Committee on Fish and Wildlife Services, Department of By Mr. LEAHY, from the Committee on Banking, Housing, and Urban Affairs. the Interior, transmitting, pursuant to law, Appropriations, without amendment: EC–6882. A communication from the Assist- the report of a rule entitled ‘‘Endangered S. 3676. An original bill making appropria- ant Director for Policy, Office of Foreign As- and Threatened Wildlife and Plants; Des- tions for the Department of State, foreign sets Control, Department of the Treasury, ignation of Critical Habitat for Limnanthes operations, and related programs for the fis- transmitting, pursuant to law, the report of floccosa ssp. grandiflora (Large-Flowered cal year ending September 30, 2011, and for a rule entitled ‘‘Lebanon Sanctions Regula- Woolly Meadowfoam) and Lomatium cookii other purposes (Rept. No. 111—237). tions’’ (31 CFR Part 549) received in the Of- (Cook’s Lomatium)’’ (RIN1018–AW21) re- By Mr. DURBIN, from the Committee on fice of the President of the Senate on July ceived in the Office of the President of the Appropriations, without amendment: 29, 2010; to the Committee on Banking, Hous- Senate on July 27, 2010; to the Committee on S. 3677. An original bill making appropria- ing, and Urban Affairs. Environment and Public Works. tions for financial services and general gov- EC–6883. A communication from the Regu- EC–6892. A communication from the Dep- ernment for the fiscal year ending Sep- latory Specialist, Office of the Comptroller uty Director of Regulations and Policy Man- tember 30, 2011, and for other purposes (Rept. of the Currency, Department of the Treas- agement Staff, Food and Drug Administra- No. 111—238). ury, transmitting, pursuant to law, the re- tion, Department of Health and Human Serv- By Mr. LEAHY, from the Committee on port of a rule entitled ‘‘Registration of Mort- the Judiciary, with amendments: gage Loan Originators’’ (RIN1557–AD23) re- ices, transmitting, pursuant to law, the report of a rule entitled ‘‘Food Additives Per- S. 3397. A bill to amend the Controlled Sub- ceived in the Office of the President of the stances Act to provide for take-back disposal Senate on July 28, 2010; to the Committee on mitted in Feed and Drinking Water of Ani- mals; Ammonium Formate’’ (Docket No. of controlled substances in certain instances, Banking, Housing, and Urban Affairs. and for other purposes. EC–6884. A communication from the Direc- FDA–2008–F–0151) received in the Office of the President of the Senate on July 28, 2010; tor of Congressional Affairs, Nuclear Regu- f latory Commission, transmitting, pursuant to the Committee on Health, Education, to law, the report of a rule entitled ‘‘Con- Labor, and Pensions. tainment Isolation Provisions for Fluid Sys- EC–6893. A communication from the Sec- EXECUTIVE REPORTS OF tems’’ (Regulatory Guide 1.141, Revision 1) retary of Health and Human Services, trans- COMMITTEES received in the Office of the President of the mitting, pursuant to law, the Food and Drug The following executive reports of Senate on July 28, 2010; to the Committee on Administration’s report relative to the nominations were submitted: Environment and Public Works. Backlog of Postmarketing Requirements and EC–6885. A communication from the Direc- Postmarketing Commitments; to the Com- By Mr. LEAHY for the Committee on the tor of Congressional Affairs, Nuclear Regu- mittee on Health, Education, Labor, and Judiciary. John F. Walsh, of Colorado, to be United latory Commission, transmitting, pursuant Pensions. States Attorney for the District of Colorado to law, the report of a rule entitled ‘‘Meth- EC–6894. A communication from the Chair- for the term of four years. ods for Measuring Effective Dose Equivalent man, Merit System Protection Board, trans- from External Exposure’’ (Regulatory Guide William J. Ihlenfeld, II, of West Virginia, mitting, pursuant to law, a report entitled to be United States Attorney for the North- 8.40) received in the Office of the President of ‘‘A Call to Action: Improving First-Level Su- the Senate on July 28, 2010; to the Com- ern District of West Virginia for the term of pervision of Federal Employees’’; to the four years. mittee on Environment and Public Works. Committee on Homeland Security and Gov- EC–6886. A communication from the Direc- John William Vaudreuil, of Wisconsin, to ernmental Affairs. be United States Attorney for the Western tor of the Regulatory Management Division, EC–6895. A communication from the Acting Office of Policy, Economics, and Innovation, District of Wisconsin for the term of four Director, Office of Communications and Leg- Environmental Protection Agency, transmit- years. islative Affairs, Equal Employment Oppor- ting, pursuant to law, the report of a rule en- Mark Lloyd Ericks, of Washington, to be tunity Commission, transmitting, pursuant titled ‘‘Washington: Final Authorization of United States Marshal for the Western Dis- to law, an annual report relative to the fed- State Hazardous Waste Management Pro- trict of Washington for the term of four eral work force for fiscal year 2009; to the gram Revisions’’ (FRL No. 9181–8) received in years. Committee on Homeland Security and Gov- the Office of the President of the Senate on Joseph Patrick Faughnan, Sr., of Con- ernmental Affairs. July 27, 2010; to the Committee on Environ- necticut, to be United States Marshal for the ment and Public Works. EC–6896. A communication from the Policy District of Connecticut for the term of four EC–6887. A communication from the Direc- Analyst, Bureau of Immigration and Cus- years. tor of the Regulatory Management Division, toms Enforcement, Department of Homeland Harold Michael Oglesby, of Arkansas, to be Office of Policy, Economics, and Innovation, Security, transmitting, pursuant to law, the United States Marshal for the Western Dis- Environmental Protection Agency, transmit- report of a rule entitled ‘‘Electronic Signa- trict of Arkansas for the term of four years. ting, pursuant to law, the report of a rule en- ture and Storage of Form I–9, Employment Conrad Ernest Candelaria, of New Mexico, titled ‘‘Revisions to the Arizona State Imple- Eligibility Verification’’ (RIN1653–AA47) re- to be United States Marshal for the District mentation Plan, Maricopa County Air Qual- ceived in the Office of the President of the of New Mexico for the term of four years. ity Department’’ (FRL No. 9180–1) received in Senate on July 28, 2010; to the Committee on By Mrs. FEINSTEIN for the Select Com- the Office of the President of the Senate on the Judiciary. mittee on Intelligence. July 27, 2010; to the Committee on Environ- EC–6897. A communication from the Staff *James R. Clapper, of Virginia, to be Direc- ment and Public Works. Director, United States Commission on Civil tor of National Intelligence. EC–6888. A communication from the Direc- Rights, transmitting, pursuant to law, the *Nomination was reported with rector of the Regulatory Management Division, report of the appointment of members to the ommendation that it be confirmed sub- Office of Policy, Economics, and Innovation, Florida Advisory Committee; to the Com- ject to the nominee’s commitment to Environmental Protection Agency, transmit- mittee on the Judiciary. respond to requests to appear and testing, pursuant to law, the report of a rule en- EC–6898. A communication from the Staff titled ‘‘Determination of Attainment for Director, United States Commission on Civil tify before any duly constituted com- PM–10; Fort Hall PM–10 Nonattainment Rights, transmitting, pursuant to law, the mittee of the Senate. Area, Idaho’’ (FRL No. 9180–2) received in the report of the appointment of members to the (Nominations without an asterisk Office of the President of the Senate on July Texas Advisory Committee; to the Com- were reported with the recommenda- 27, 2010; to the Committee on Environment mittee on the Judiciary. tion that they be confirmed.) and Public Works. EC–6899. A communication from the Assist- EC–6889. A communication from the Direc- ant Attorney General, Office of Legislative f tor of the Regulatory Management Division, Affairs, Department of Justice, transmit- Office of Policy, Economics, and Innovation, ting, pursuant to law, a report relative to INTRODUCTION OF BILLS AND Environmental Protection Agency, transmit- the Department’s activities regarding civil JOINT RESOLUTIONS ting, pursuant to law, the report of a rule en- rights era homicides; to the Committee on titled ‘‘Approval and Promulgation of Air the Judiciary. The following bills and joint resolu- Quality Implementation Plans; Minnesota’’ EC–6900. A communication from the Sec- tions were introduced, read the first (FRL No. 9182–2) received in the Office of the retary of Veterans Affairs, transmitting pro- and second times by unanimous con- President of the Senate on July 27, 2010; to posed legislation relative to ending home- sent, and referred as indicated: the Committee on Environment and Public lessness among Veterans and establishment By Mr. LUGAR (for himself and Mr. Works. of a nonprofit research and education cor- EC–6890. A communication from the Direc- KERRY): tor of Human Resources, Environmental Pro- poration at the VA’s central office; to the S. 3665. A bill to promote the strength- tection Agency, transmitting, pursuant to Committee on Veterans’ Affairs. ening of the private sector in Pakistan; to law, (3) three reports relative to vacancies in the Committee on Foreign Relations. the Environmental Protection Agency, re- f By Mr. CARDIN (for himself, Mrs. ceived in the Office of the President of the FEINSTEIN, and Mr. LIEBERMAN): Senate on July 28, 2010; to the Committee on REPORTS OF COMMITTEES S. 3666. A bill to authorize certain Depart- Environment and Public Works. ment of State personnel, who are responsible EC–6891. A communication from the Chief The following reports of committees for examining and processing United States of the Endangered Species Listing Branch, were submitted: passport applications, to be able to access

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certain Federal, State, and other databases, tember 30, 2011, and for other purposes; from S. 3262 for the purpose of verifying the identity of a the Committee on Appropriations; placed on At the request of Mr. MENENDEZ, the passport applicant, to reduce the incidence the calendar. name of the Senator from Georgia (Mr. of fraud, to require the authentication of By Mr. LAUTENBERG: CHAMBLISS) was added as a cosponsor of identification documents submitted by pass- S. 3678. A bill to improve mental health port applicants, and for other purposes; to services for members of the National Guard S. 3262, a bill to amend the Internal the Committee on the Judiciary. and Reserve deployed in connection with a Revenue Code of 1986 to provide that By Mr. KERRY (for himself, Mrs. LIN- contingency operation, and for other pur- the volume cap for private activity COLN, and Mr. FRANKEN): poses; to the Committee on Armed Services. bonds shall not apply to bonds for fa- S. 3667. A bill to amend part A of title IV f cilities for the furnishing of water and of the Social Security Act to exclude child sewage facilities. care from the determination of the 5—year SUBMISSION OF CONCURRENT AND limit on assistance under the temporary as- SENATE RESOLUTIONS S. 3265 sistance to needy families program, and for At the request of Mr. MCCAIN, the other purposes; to the Committee on Fi- The following concurrent resolutions name of the Senator from Florida (Mr. nance. and Senate resolutions were read, and LEMIEUX) was added as a cosponsor of By Mr. HARKIN (for himself, Mr. BAYH, referred (or acted upon), as indicated: S. 3265, a bill to restore Second Amend- and Mr. BOND): By Mr. REID (for himself and Mr. ment rights in the District of Colum- S. 3668. A bill to require the Secretary of MCCONNELL): bia. Health and Human Services to establish a S. Res. 601. A resolution to authorize testi- demonstration program to award grants to, mony of Senate employees in a grand jury S. 3397 and enter into contracts with, medical—legal proceeding in the District of Columbia; con- At the request of Ms. KLOBUCHAR, the partnerships to assist patients and their sidered and agreed to. name of the Senator from Wisconsin families to navigate health—related pro- f (Mr. KOHL) was added as a cosponsor of grams and activities; to the Committee on S. 3397, a bill to amend the Controlled ADDITIONAL COSPONSORS Health, Education, Labor, and Pensions. Substances Act to provide for take- By Mr. LEAHY (for himself and Mr. S. 749 FRANKEN): back disposal of controlled substances S. 3669. A bill to increase criminal pen- At the request of Mr. COCHRAN, the in certain instances, and for other pur- alties for certain knowing violations relat- name of the Senator from Rhode Island poses. ing to food that is misbranded or adulter- (Mr. WHITEHOUSE) was added as a co- S. 3434 ated; to the Committee on Health, Edu- sponsor of S. 749, a bill to improve and At the request of Mr. BINGAMAN, the cation, Labor, and Pensions. expand geographic literacy among kin- name of the Senator from Hawaii (Mr. By Mr. SPECTER (for himself and Mr. dergarten through grade 12 students in AKAKA) was added as a cosponsor of S. CASEY): the United States by improving profes- S. 3670. A bill to establish standards lim- 3434, a bill to provide for the establish- iting the amounts of arsenic and lead con- sional development programs for kin- ment of a Home Star Retrofit Rebate tained in glass beads used in pavement dergarten through grade 12 teachers of- Program, and for other purposes. markings; to the Committee on Environment fered through institutions of higher S. 3437 and Public Works. education. At the request of Mrs. LINCOLN, the By Mr. ROCKEFELLER (for himself S. 1055 name of the Senator from Oregon (Mr. and Mr. GOODWIN): At the request of Mrs. BOXER, the S. 3671. A bill to improve compliance with MERKLEY) was added as a cosponsor of name of the Senator from Wyoming mine and occupational safety and health S. 3437, a bill to amend the Child Abuse (Mr. BARRASSO) was added as a cospon- law, empower workers to raise safety con- Prevention and Treatment Act to es- sor of S. 1055, a bill to grant the concerns, prevent future mine and other work- tablish grant programs for the develop- gressional gold medal, collectively, to place tragedies, establish rights of families ment and implementation of model un- of victims of workplace accidents, and for the 100th Infantry Battalion and the dergraduate and graduate curricula on other purposes; to the Committee on Health, 442nd Regimental Combat Team, child abuse and neglect at institutions Education, Labor, and Pensions. United States Army, in recognition of of higher education throughout the By Mr. WICKER: their dedicated service during World S. 3672. A bill to clarify and improve the United States and to assist States in War II. payment of multiperil insurance claims, and developing forensic interview training S. 1553 for other purposes; to the Committee on programs, to establish regional train- At the request of Mr. BINGAMAN, his Banking, Housing, and Urban Affairs. ing centers and other resources for By Mrs. HUTCHISON (for herself, Mr. name was added as a cosponsor of S. State and local child protection profes- BURR, Mr. ENZI, Mr. WICKER, Mr. 1553, a bill to require the Secretary of sionals, and for other purposes. BOND, Ms. MURKOWSKI, and Mr. the Treasury to mint coins in com- CORNYN): memoration of the National Future S. 3447 S. 3673. A bill to amend the Patient Protec- Farmers of America Organization and At the request of Mr. AKAKA, the tion and Affordable Care Act to repeal cer- names of the Senator from New Mexico tain limitations on tax health care benefits; the 85th anniversary of the founding of (Mr. UDALL) and the Senator from Vir- to the Committee on Finance. the National Future Farmers of Amer- By Ms. STABENOW: ica Organization. ginia (Mr. WEBB) were added as cospon- S. 3674. A bill to amend title XVIII of the At the request of Mr. GRASSLEY, the sors of S. 3447, a bill to amend title 38, Social Security Act to provide for Medicare name of the Senator from Oregon (Mr. United States Code, to improve edu- coverage of comprehensive Alzheimer’s dis- WYDEN) was added as a cosponsor of S. cational assistance for veterans who ease and other dementia diagnosis and serv- 1553, supra. served in the Armed Forces after Sep- ices in order to improve care and outcomes tember 11, 2001, and for other purposes. for Americans living with Alzheimer’s dis- S. 3152 S. 3474 ease by increasing detection, diagnosis, care, At the request of Mr. DEMINT, the and planning; to the Committee on Finance. name of the Senator from Alaska (Ms. At the request of Mr. FEINGOLD, the By Mr. WHITEHOUSE: MURKOWSKI) was added as a cosponsor names of the Senator from Idaho (Mr. S. 3675. A bill to amend chapter 11 of title of S. 3152, a bill to repeal the Patient RISCH), the Senator from Virginia (Mr. 11, United States Code, to address reorga- Protection and Affordable Care Act. WARNER) and the Senator from Con- nization of small businesses; to the Com- S. 3157 necticut (Mr. LIEBERMAN) were added mittee on the Judiciary. as cosponsors of S. 3474, a bill to pro- By Mr. LEAHY: At the request of Mr. CASEY, the S. 3676. An original bill making appropria- name of the Senator from Illinois (Mr. vide an optional fast-track procedure tions for the Department of State, foreign DURBIN) was added as a cosponsor of S. the President may use when submit- operations, and related programs for the fis- 3157, a bill to amend the Employee Re- ting rescission requests, and for other cal year ending September 30, 2011, and for tirement Income Security Act of 1974 purposes. other purposes; from the Committee on Ap- and the Internal Revenue Code of 1986 S. 3486 propriations; placed on the calendar. By Mr. DURBIN: to allow time for pensions to fund ben- At the request of Mr. BROWN of Ohio, S. 3677. An original bill making appropria- efit obligations in light of economic the name of the Senator from Pennsyl- tions for financial services and general gov- circumstances in the financial markets vania (Mr. CASEY) was added as a co- ernment for the fiscal year ending Sep- of 2008, and for other purposes. sponsor of S. 3486, a bill to amend title

VerDate Mar 15 2010 04:44 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.038 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6521 38, United States Code, to repeal the porting democracy, human rights, and ing Fund Program to direct the Sec- prohibition on collective bargaining civil liberties in Egypt. retary of the Treasury to make capital with respect to matters and questions S. RES. 592 investments in eligible institutions in regarding compensation of employees At the request of Mr. HATCH, the order to increase the availability of of the Department of Veterans Affairs name of the Senator from Utah (Mr. credit for small businesses, to amend other than rates of basic pay, and for BENNETT) was added as a cosponsor of the Internal Revenue Code of 1986 to other purposes. S. Res. 592, a resolution designating provide tax incentives for small busi- S. 3570 the week of September 13–19, 2010, as ness job creation, and for other pur- At the request of Ms. MURKOWSKI, the ‘‘Polycystic Kidney Disease Awareness poses. name of the Senator from Alaska (Mr. Week’’, and supporting the goals and f BEGICH) was added as a cosponsor of S. ideals of Polycystic Kidney Disease STATEMENTS ON INTRODUCED 3570, a bill to improve hydropower, and Awareness Week to raise awareness BILLS AND JOINT RESOLUTIONS for other purposes. and understanding of polycystic kidney By Mr. LUGAR (for himself and S. 3571 disease and the impact the disease has Mr. KERRY): At the request of Ms. MURKOWSKI, the on patients now and for future genera- S. 3665. A bill to promote the name of the Senator from Alaska (Mr. tions until it can be cured. strengthening of the private sector in BEGICH) was added as a cosponsor of S. S. RES. 597 Pakistan; to the Committee on Foreign 3571, a bill to extend certain Federal At the request of Mr. SESSIONS, the names of the Senator from Georgia Relations. benefits and income tax provisions to Mr. LUGAR. Mr. President, I rise to (Mr. ISAKSON) and the Senator from energy generated by hydropower re- introduce legislation that will lead to Minnesota (Ms. KLOBUCHAR) were added sources. the establishment of the Pakistan- S. 3583 as cosponsors of S. Res. 597, a resolution designating September 2010 as American Enterprise Fund on behalf of At the request of Mrs. MURRAY, the myself and Senator KERRY. The Paki- name of the Senator from Massachu- ‘‘National Prostate Cancer Awareness Month’’. stan-American Enterprise Fund bill au- setts (Mr. KERRY) was added as a co- thorizes the Administration to allo- AMENDMENT NO. 4519 sponsor of S. 3583, a bill to amend title cate, from existing funds granted under At the request of Mr. NELSON of Flor- 38, United States Code, to increase the Enhanced Partnership with Paki- ida, his name was added as a cosponsor flexibility in payments for State vet- stan Act of 2009, such sums as required of amendment No. 4519 proposed to erans homes, and for other purposes. to create the Fund. The mission of the H.R. 5297, an act to create the Small S. 3593 Fund will be to help empower Paki- Business Lending Fund Program to di- At the request of Mr. JOHANNS, the stan’s private sector to create jobs, rect the Secretary of the Treasury to name of the Senator from Nebraska which will contribute towards achiev- make capital investments in eligible (Mr. NELSON) was added as a cosponsor ing long-term social stability and eco- institutions in order to increase the of S. 3593, a bill to require the Federal nomic growth. availability of credit for small busi- Government to pay the costs incurred The failed attack that occurred on nesses, to amend the Internal Revenue by a State or local government in de- May 1, 2010 in Times Square reinforces Code of 1986 to provide tax incentives fending a State or local immigration the need for our governments to work for small business job creation, and for law that survives a constitutional chal- together to neutralize the imminent other purposes. lenge by the Federal Government in threats posed by terrorist waiting to Federal court. AMENDMENT NO. 4531 strike, while simultaneously pre- At the request of Mr. JOHANNS, the S. 3628 venting the cancer of extremism from name of the Senator from Georgia (Mr. At the request of Mr. SCHUMER, the spreading and corrupting local commu- ISAKSON) was added as a cosponsor of name of the Senator from Colorado nities in both our countries. amendment No. 4531 intended to be pro- It was to help undergird such co- (Mr. BENNET) was added as a cosponsor posed to H.R. 5297, an act to create the of S. 3628, a bill to amend the Federal operation that President Obama last Small Business Lending Fund Program year signed the Kerry-Lugar-Berman Election Campaign Act of 1971 to pro- to direct the Secretary of the Treasury hibit foreign influence in Federal elec- Enhanced Partnership with Pakistan to make capital investments in eligible Act authorizing $7.5 billion over 5 tions, to prohibit government contrac- institutions in order to increase the tors from making expenditures with re- years. This non-military aid package is availability of credit for small busi- intended to help reverse Pakistan’s spect to such elections, and to estab- nesses, to amend the Internal Revenue lish additional disclosure requirements converging crises of a growing al-Qaeda Code of 1986 to provide tax incentives sanctuary, an expanding Taliban insur- with respect to spending in such elec- for small business job creation, and for tions, and for other purposes. gency, a failing economy and deterio- other purposes. rating human development indicators. S. 3637 AMENDMENT NO. 4532 These conditions were intensifying tur- At the request of Mr. KOHL, the name At the request of Mr. CORNYN, the moil and violence in the country, help- of the Senator from Oregon (Mr. name of the Senator from Illinois (Mr. ing to incubate extremism and putting MERKLEY) was added as a cosponsor of DURBIN) was added as a cosponsor of in question the security of Pakistan’s S. 3637, a bill to authorize appropria- amendment No. 4532 intended to be pro- nuclear weapons arsenal, as well as our tions for the Housing Assistance Coun- posed to H.R. 5297, an act to create the own domestic security. cil. Small Business Lending Fund Program In order to directly address Paki- S. 3645 to direct the Secretary of the Treasury stan’s troubling economic trajectory, At the request of Mrs. MURRAY, the to make capital investments in eligible the Pakistan-American Enterprise name of the Senator from California institutions in order to increase the Fund will work with the private sector (Mrs. BOXER) was added as a cosponsor availability of credit for small busi- to catalyze indigenous job creation, of S. 3645, a bill to direct the Secretary nesses, to amend the Internal Revenue which will empower the people of Paki- of Education to establish and admin- Code of 1986 to provide tax incentives stan to help themselves. Entrepre- ister an awards program recognizing for small business job creation, and for neurial innovation is the engine that excellence exhibited by public school other purposes. fuels sustainable economic growth and system employees providing services to AMENDMENT NO. 4558 development. Pakistan currently en- students in pre-kindergarten through At the request of Mrs. HUTCHISON, the joys a vibrant private sector, especially higher education. names of the Senator from Maryland among small and medium size enter- S. RES. 586 (Mr. CARDIN) and the Senator from prises, but more must be done to en- At the request of Mr. FEINGOLD, the Maryland (Ms. MIKULSKI) were added as courage business formation and expan- name of the Senator from Delaware cosponsors of amendment No. 4558 in- sion. (Mr. KAUFMAN) was added as a cospon- tended to be proposed to H.R. 5297, an According to the World Bank, small sor of S. Res. 586, a resolution sup- act to create the Small Business Lend- and medium size enterprises, SMEs, in

VerDate Mar 15 2010 03:27 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.039 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6522 CONGRESSIONAL RECORD — SENATE July 29, 2010 Pakistan account for nearly 90 percent where supply was limited, created or A new GAO undercover investigation of all businesses, 80 percent of all non- sustained over 260,000 jobs through in- that I requested, along with Senators agricultural employees, and 40 percent vestment and development activities, KYL, FEINSTEIN, LIEBERMAN and COL- of annual GDP. If the country is to funded $74 million in technical assist- LINS, has revealed that while some im- emerge as a commercial partner and ance to strengthen the private sector provements have been made by the regional leader, SMEs must receive a and is expected to recoup 137 percent of State Department, the passport strong transfusion of investment cap- the original USAID funding. issuance process is still susceptible to ital so that gainful employment exists Pakistan’s economy has shown resil- fraud. as an alternative to the financial in- ience in the face of many challenges As a result, today I am introducing, centives offered by radical groups in since the 1960s. However, today the along with Senators FEINSTEIN and Pakistan. country stands at a crossroads. If Paki- LIEBERMAN, the Passport Identity In addition to providing much needed stan is to repress extremist voices and Verification Act. This legislation is a capital to aspiring and established emerge as a more reliable partner in common-sense solution that will give Pakistani entrepreneurs, the Fund will the 21st century, we must empower the the State Department the legal au- provide a vehicle through which we private sector to create jobs and con- thorities that it needs to access infor- might also export the entrepreneurial tribute towards a sustainable future. mation contained in Federal, State, instincts and experience that are wide- The creation of the Pakistan-American and other databases that can be used to ly dispersed, but largely untapped, Enterprise Fund would help to achieve verify the identity of every passport among US financial experts. Sustain- this positive outcome. I ask for your applicant, and to detect passport fraud, able entrepreneurial activity requires a support on passage of this bill. without extending the time that the combination of financial and intellec- State Department takes to approve tual capital. Delivering both of these By Mr. CARDIN (for himself, Mrs. passports. The legislation also requires ingredients effectively is essential. FEINSTEIN, and Mr. LIEBERMAN): the State Department to promulgate USAID has demonstrated a limited S. 3666. A bill to authorize certain regulations, procedures, and policies to capacity to deliver this type of rel- Department of State personnel, who limit access to this information, and to evant, usable assistance when needed. are responsible for examining and proc- ensure that personnel involved in the Currently under-resourced for and essing United States passport applica- passport issuance process only access over-stretched by the task of rebuild- tions, to be able to access certain Fed- this information for authorized pur- ing the infrastructures and economies eral, State, and other databases, for poses. These are very important pri- of Iraq, Afghanistan and now Haiti— the purpose of verifying the identity of vacy and security protections in this while simultaneously rebuilding the a passport applicant, to reduce the in- legislation. agency itself—USAID’s efforts would cidence of fraud, to require the authen- The legislation also requires the Sec- be enhanced by the expertise the Fund tication of identification documents retary of State to conduct a formal could bring to bear. submitted by passport applicants, and study examining whether biometric in- The creation of a Fund for Pakistan, for other purposes; to the Committee formation and technology can be used like many of its predecessors, could on the Judiciary. to enhance the ability to verify the couple financial and intellectual cap- Mr. CARDIN. Mr. President, on May identity of a passport applicant and to ital in a framework that is uniquely 5, 2009, over 14 months ago, I chaired a detect passport fraud. suited to addressing the financial and Terrorism Subcommittee hearing enti- I understand that the American peo- technical assistance needs in distressed tled the Passport Issuance Process: ple can become concerned when their economies like Pakistan. Appointed by Closing the Door to Fraud. Today we travel plans, whether for leisure or the president, the Board of Directors, are holding Part II of that hearing. business, are linked to their ability to comprised of 4 private citizens of the During the hearing last year, we obtain a passport in a timely fashion. United States and 3 private citizens of learned about a Government Account- But we have got to get this right, and Pakistan who serve without compensa- ability Office, GAO, undercover inves- it is not simply a question of process, tion, will leverage their experience and tigation that had been requested by techniques, and training. We need to expertise operating in international Senators KYL and FEINSTEIN to test the make sure that the agencies that are and emerging markets to oversee the effectiveness of the passport issuance responsible for processing passport ap- Fund, which will be based in Pakistan. process, and to determine whether ma- plication documents are concerned In turn, the Board would hire and di- licious individuals such as terrorists, about national security as well as cus- rect a group of American and Pakistani spies, or other criminals could use tomer service, and we need to make bankers, who would be dispatched, counterfeit documents to obtain a gen- sure they have the legal authorities, using existing funds granted under the uine U.S. passport. What we learned the resources, and the technology they Enhanced Partnership with Pakistan from GAO was that ‘‘terrorists or need to verify the identity of a pass- Act of 2009, to provide technical assist- criminals could steal an American citi- port applicant and to detect passport ance and traditional financial prod- zen’s identity, use basic counterfeiting fraud. ucts, like working capital loans and 3 skills to create fraudulent documents We simply cannot issue U.S. pass- to 5 year cash flow term loans for ex- for that identity, and obtain a genuine ports in this country on the basis of pansion capital, to the private sector. U.S. passport.’’ But that 2009 GAO re- fraudulent documents. There is too While the enterprise fund model is port was not the first time that prob- much at stake. We have the technology not perfect, it is a tested mechanism lems with the passport issuance proc- and the information to prevent such for promoting economic growth and re- ess were identified. In 2005 and 2007, issuance. The Passport Identity invigorating fledgling economies. After GAO also brought these issues to light. Verification Act will dramatically im- the fall of the Berlin Wall, Congress, Vulnerabilities in the passport prove the State Department’s ability through enactment of the Support for issuance process are very serious be- to detect passport fraud. East European Development Act, cause the U.S. passport is the gold Mr. President, I ask unanimous con- SEED, and the Freedom Support Act, standard for identification. A U.S. sent that the text of the bill be printed FSA, authorized nearly $1.2 billion for passport can be used for many purposes in the RECORD. USAID to establish ten new investment in this country, and it gives an indi- There being no objection, the text of funds, collectively known as the ‘‘En- vidual the ability to travel inter- the bill was ordered to be printed in terprise Funds’’, throughout Central nationally, which is an important tool the RECORD, as follows: and Eastern Europe and the Former for someone who wants to do us harm, S. 3666 Soviet Union. These funds channeled including terrorists, spies, and other Be it enacted by the Senate and House of Rep- funding into over 500 enterprises in 19 criminals. So the integrity and secu- resentatives of the United States of America in countries, leveraged an additional $5 rity of the passport issuance process is Congress assembled, billion in private investment capital extremely important because it can SECTION 1. SHORT TITLE. from outside the U.S. Government, pro- have a profound impact on the national This Act may be cited as the ‘‘Passport vided substantial development capital security of the United States. Identity Verification Act’’.

VerDate Mar 15 2010 04:44 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.026 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6523 SEC. 2. FINDINGS. State, shall promptly implement a system, ‘‘(4) ensure that such databases, or the in- Congress makes the following findings: consistent with applicable security and formation contained in such databases, are (1) A United States passport is an official training protocols and requirements, that only accessed for the purpose of verifying the government document issued by the Depart- will enable Department of State personnel identity of each passport applicant or detect- ment of State, which can be obtained by designated by the Secretary of State, or by ing passport fraud, and prohibit access for United States nationals. the designee of the Secretary, who are re- any other purpose; (2) A valid United States passport has sponsible for the granting, refusal, revoca- ‘‘(5) ensure that the Department of State many uses, including— tion, or adjudication of United States pass- personnel accessing such databases or the in- (A) certifying an individual’s identity and ports, to have real-time access to the crimi- formation contained in such databases— verifying that a person is a United States na- nal history information contained in the Na- ‘‘(A) do not violate the security, confiden- tional; tional Crime Information Center’s Interstate tiality, and privacy of such databases or the (B) allowing the passport holder to travel Identification Index (NCIC–III), including the information contained in such databases; to foreign countries with an internationally corresponding automated criminal history and recognized travel document; records, Wanted Person Files, and other files ‘‘(B) successfully complete all ongoing (C) facilitating international travel; maintained by the National Crime Informa- training and certification requirements for (D) obtaining further identification docu- tion Center, for the purpose of verifying the such access; ments; and identity of the United States passport appli- ‘‘(6) establish audit procedures and policies (E) setting up bank accounts. cant, or detecting passport fraud. to verify that such databases or the informa- (3) A United States national may obtain a ‘‘(6) The Secretary of State, or the des- tion contained in such databases are only United States passport for the first time by ignee of the Secretary, shall designate De- being accessed for the purposes set forth in applying in person to a passport acceptance partment of State personnel who, in accord- the Passport Identity Verification Act; facility with 2 passport photographs, proof of ance with this Act shall be authorized to ‘‘(7) require prompt reporting to appro- United States nationality, and a valid form have real-time access to the information priate Department of State officials after of photo identification, such as a driver’s li- contained in the files described in paragraph each instance of— cense. Passport acceptance facilities are lo- (5), without any fee or charge, to enable ‘‘(A) unauthorized access to such databases cated throughout the United States. named-based and other searches to be con- or the information contained in such data- (4) Because United States passports issued ducted for the purpose of verifying the iden- bases; or under a false identity enable individuals to tity of a passport applicant or detecting ‘‘(B) access to such databases or the infor- conceal their movements and activities, passport fraud.’’; mation contained in such databases for un- passport fraud could facilitate— (2) by redesignating subsections (c) and (d) authorized purposes; and (A) acts of terrorism; as subsections (d) and (e), respectively; ‘‘(8) require the appropriate Department of (B) espionage; and (3) by inserting after subsection (b) the fol- State personnel to conduct a regular review (C) other crimes, such as illegal immigra- lowing: of— ATA SHARING.—Notwithstanding any tion, money laundering, drug trafficking, tax ‘‘(c) D ‘‘(A) the audit and reporting procedures other provision of law, the powers, duties, evasion, and alien smuggling. and policies to determine whether such pro- and functions conferred upon Department of (5) Since malicious individuals may seek to cedures and policies are working properly; State personnel relating to the granting, re- exploit potential vulnerabilities in the pass- and fusal, revocation, or adjudication of passport issuance process, it is important that ‘‘(B) the ongoing training and certification ports shall be considered law enforcement personnel who are involved in the granting, requirements to determine whether there activities that involve the administration of refusal, revocation, or adjudication of United has been compliance with such require- criminal justice (as defined in section 20.3 of States passport applications have access to ments.’’. title 28, Code of Federal Regulations) when certain information contained in Federal, SEC. 4. CONSULTATION AND REPORT. such personnel seek to verify the identity of State, and other databases for the purpose (a) CONSULTATION.— a passport applicant, or seek to detect pass- of— (1) IN GENERAL.—The Secretary of State, in port fraud by accessing or using information (A) verifying the identity of a passport ap- consultation with the Secretary of Homeland contained in databases maintained by any plicant; or Security, the Attorney General, and the Federal, State, tribal, territory, or local gov- (B) detecting passport fraud. United States Postmaster General, shall con- ernment department or agency, or private (6) In its final report, the National Com- duct an analysis to determine— entity or organization, that contains— mission on Terrorist Attacks Upon the (A) if persons applying for or renewing a ‘‘(1) criminal history information or United States passport should provide bio- United States (commonly known as the ‘‘9/11 records; metric information, including photographs Commission’’) concluded that funding and ‘‘(2) driver’s license information or records; that meet standards that enhance the ability completing a ‘‘biometric entry-exit screen- ‘‘(3) marriage, birth, or death information of facial recognition technology to verify the ing system’’ for travelers to and from the or records; identity of the passport applicant and user, United States is essential to our national se- ‘‘(4) naturalization and immigration and to detect passport fraud; and curity. records; or (B) if technology should be employed to (7) The use of biometrics and technology ‘‘(5) other information or records that can verify the authenticity of drivers’ license for foreign nationals who are visiting the verify the identity of the passport applicant and other identity documents that are pre- country helps to make travel simple, easy, or can detect passport fraud.’’; and sented to passport acceptance facilities. and convenient for legitimate visitors and (4) by adding at the end the following: (2) FACTORS.—In conducting the analysis dramatically improves the ability to detect ‘‘(f) DATA SHARING REGULATIONS, PROCE- under paragraph (1), the Secretary shall con- the activities of those who wish to do harm DURES, AND POLICIES.—Not later than 120 sider all relevant factors, including— or violate United States laws. days after the date of the enactment of this (A) how the biometric information and SEC. 3. ACCESS TO FEDERAL, STATE, AND OTHER subsection, the Secretary of State shall pro- technology would be used and stored; DATABASES. mulgate final regulations, procedures, and (B) the costs and benefits to be gained; and (a) POWERS AND DUTIES OF THE SECRETARY policies to govern the access by Department (C) the effect on the individual’s privacy OF STATE.—Section 104 of the Immigration of State personnel to the information con- and Nationality Act (8 U.S.C. 1104) is amend- and the economy. tained in databases described in subsection (b) REPORT.— ed by adding at the end the following: (c). Such regulations, procedures, and poli- (1) IN GENERAL.—Not later than 6 months ‘‘(f) LAW ENFORCEMENT ACTIVITIES.—Not- withstanding any other provision of law, the cies shall— after the date of the enactment of this Act, powers, duties, and functions conferred upon ‘‘(1) specify which Department of State the Secretary of State shall submit a report Department of State personnel relating to personnel have a need to know and will be to the congressional committees set forth in the granting, refusal, revocation, or adju- given access to the databases or the informa- paragraph (2) that contains the results of the dication of passports shall be considered law tion contained in the databases described in analysis carried out under subsection (a), in- enforcement activities that involve the ad- subsection (c); cluding a recommendation with respect to ministration of criminal justice (as defined ‘‘(2) require Department of State personnel the use of biometric information and tech- in section 20.3 of title 28, Code of Federal who will be given access to the databases or nology to verify the identity of a passport Regulations) when such personnel seek to— the information contained in the databases applicant and user, and to detect passport ‘‘(1) verify the identity of a passport appli- described in subsection (c) to successfully fraud. cant; or complete all ongoing training and certifi- (2) CONGRESSIONAL COMMITTEES.—The con- ‘‘(2) detect passport fraud.’’. cation requirements for such access; gressional committees set forth in this para- (b) DATA EXCHANGE.—Section 105 of such ‘‘(3) require Department of State personnel graph are— Act (8 U.S.C. 1105) is amended— to access such databases or the information (A) the Committee on the Judiciary of the (1) in subsection (b), by adding at the end contained in such databases— Senate; the following: ‘‘(A) to verify the identity of each passport (B) the Committee on Foreign Relations of ‘‘(5) The Attorney General and the Direc- applicant; and the Senate; tor of the Federal Bureau of Investigation, ‘‘(B) to detect whether the applicant has (C) the Committee on Homeland Security after consultation with the Secretary of committed or is committing passport fraud; and Governmental Affairs of the Senate;

VerDate Mar 15 2010 03:27 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.042 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6524 CONGRESSIONAL RECORD — SENATE July 29, 2010 (D) the Committee on the Judiciary of the about one in six children eligible for Act and who have endorsed it today, House of Representatives; Federal child care assistance receives including the American Federation of (E) the Committee on Foreign Affairs of help. State, County, and Municipal Employ- the House of Representatives; Today I am introducing the Children ees, AFSCME, the Children’s Defense (F) the Committee on Homeland Security of the House of Representatives; and First Act to address the growing unmet Fund, CLASP, the First Focus Cam- (G) the Committee on Oversight and Gov- need for affordable and safe child care. paign for Children, the National Wom- ernment Reform of the House of Representa- I am pleased Senator LINCOLN is an en’s Law Center, the Service Employ- tives. original cosponsors of this important ees International Union, SEIU, and the legislation. YMCA of the USA. By Mr. KERRY (for himself, Mrs. The Children First Act would help These reforms would significantly in- LINCOLN, and Mr. FRANKEN): states meet the significant demand for crease access to stable and affordable S. 3667. A bill to amend part A of child care assistance by increasing child care to low-income families and title IV of the Social Security Act to funding for mandatory child care by would make our nation’s children more exclude child care from the determina- $800 million annually for fiscal year prepared for school and success later in tion of the 5-year limit on assistance 2011 through 2015. This legislation life. I look forward to working with my under the temporary assistance to would also annually index mandatory colleagues in the Senate to pass this needy families program, and for other child care funding to inflation begin- legislation. purposes; to the Committee on Fi- ning in fiscal year 2012. This increased nance. funding would allow approximately By Mr. HARKIN (for himself, Mr. Mr. KERRY. Mr. President, our Na- 117,500 more children to have access to BAYH, and Mr. BOND): S. 3668. A bill to require the Sec- tion has suffered through the worst re- safe and affordable child care. cession since the 1930s. As the economy The Children First Act would exclude retary of Health and Human Services begins to recover, the availability of child care from the definition of TANF to establish a demonstration program to award grants to, and enter into con- affordable and safe child care is a nec- assistance so that unemployed families tracts with, medical-legal partnerships essary component of enabling parents who receive child care assistance will to assist patients and their families to to find and maintain employment to not have it count towards the 5-year navigate health-related programs and support their family. time limit for Federal TANF assist- activities; to the Committee on Health, The recession has caused States ance. The legislation would also ensure across the country to scale back fund- Education, Labor, and Pensions. that the minimum child care health Mr. HARKIN. Mr. President, today I ing for child care. The waiting lists for and safety standards required for pro- join Senator BAYH and Senator BOND to subsidized child care in some States viders receiving Child Care Develop- introduce the Medical-Legal Partner- are beginning to rise and a few states ment Block Grant, CCDBG, funding ship for Health Act. This legislation have stopped or are planning to stop also apply to providers who receive builds upon the great work that med- providing child care assistance to fami- funding through TANF. In Massachu- ical-legal partnerships are doing every lies who are not receiving Temporary setts, all licensed providers are re- day, all across the United States. Assistance to Needy Families, TANF, quired to the same health and safety Medical-legal partnerships bring altogether. Restrictions of the avail- standards regardless of subsidy type re- legal aid services into medical settings, ability of child care assistance make it ceived. such as hospitals and community harder for parents to afford child care This legislation would increase the health centers, to provide patients and force some parents to leave their availability of child care for parents with legal help to address conditions jobs and turn to welfare programs for who are required to work. States are that lead to poor health, lengthy hos- support. That is wrong and we can do currently prohibited from withholding pital stays, and repeated emergency better. or reducing assistance to a single par- room visits. Imagine, for example, that Child care consumes a large portion ent with children under 6 who does not your child develops chronic ear infec- of family budgets, and can range from meet work requirements for reasons re- tions. You repeatedly bring your sick $4,560 to $15,895 annually for full-time lated to the unavailability or child to the local emergency room, care depending on where the family unsuitability of appropriate, affordable struggling each time to pay the high lives, the type of care, and the age of child care arrangements. The Children costs of medical care and prescription the child. Child care prices are higher First Act would prevent States from antibiotics. Imagine further that you than other household expenses and withholding to reducing child care as- are the head of a low-income family, typically exceed the average amount sistance to parents of a child with chil- you don’t have health insurance or the families spend on food. In 39 States and dren under age 13. money to pay for the ER visits, and the the District of Columbia, the average Enactment of this legislation is in- hospital or community bears the brunt annual price for child care for an infant credibly important for my home State of the costs. in a child care center was higher than of Massachusetts which currently has Medical-legal partnerships can help a year’s tuition at many 4-year public approximately 18,000 children on a break this expensive and avoidable colleges. waitlist for child care subsidies. Ap- cycle. If the emergency room doctor is Without assistance, low-income fami- proximately half of the parents with at trained in screening for families who lies can find it impossible to secure least one preschool age child in the could benefit from legal intervention, child care. For example, in 2005, the household have been on the waitlist for the doctor may learn, for example, that median monthly income of families re- 13 months or more. the family’s landlord refuses to turn on ceiving child care assistance was just The high cost of child care is the the heat in their apartment building. $15,396 a year. Nearly half of, 49 per- most significant issue facing families The frigid temperatures in their home cent, of families receiving child care currently on the waitlist in Massachu- have made their child more susceptible assistance live below the poverty line setts. Massachusetts families pay more to illness, which explains the chronic and 86 percent of these families were on average than families in any other ear infections. By referring the patient single parent households. state for most types of child care; the to the hospital’s medical-legal partner- The Deficit Reduction Act of 2005 in- average price of full time care in cen- ship program, the family receives legal creased mandatory child care funding ter based settings is: $15,895 for an in- aid to go after the slumlord and require by $1 billion over 5 years, fiscal years fant and $11,678 for a preschooler. This the heat to be turned on, and the chil- 2006 to 2010. Without legislative action means a single parent at the State me- dren’s ear infections stop. As a con- this funding will expire on September dian income in Massachusetts, $26,680, sequence, the family is healthier, their 30, 2010. would have to spend nearly 44 percent home is warm, and both they and the The President’s fiscal year 2011 budg- of their income to pay for the average hospital save on health costs. All of et calls for mandatory child care to be full day pre-kindergarten program. this is possible because of a low-cost, reauthorized and provided an $800 mil- I would like to thank a number of or- common-sense intervention. lion increase above the past 5 years. ganizations who have been integral to The first medical-legal partnership This increase is necessary because only the development of the Children First was started in Boston in 1993, and since

VerDate Mar 15 2010 04:44 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.042 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6525 then, 85 more have sprung up in 38 across the country the opportunity to ethnicity, geography, and language pref- States. These centers can serve mul- start such programs. erence, that directly and indirectly affect tiple hospitals and clinics within a The Act creates a Federal demonstra- the health, healthcare, and wellness of indi- community. Currently, medical-legal tion program to help create, strength- viduals and communities. (4) Formally integrating medical and legal partnerships support more than 200 en, and evaluate medical-legal partner- professionals in the health setting can more hospitals, clinics, and health centers. ships. Overall, this legislation will sup- effectively address the health needs of vul- They help vulnerable patients resolve port 60 MLP sites in community health nerable populations and ultimately reduce social conditions that lead to poor centers, the Veterans Administration, health disparities. health outcomes, such as getting a hospitals, and other health care set- (5) All over the United States, healthcare landlord to change air filters to help tings. providers who take care of low-income indi- minimize asthma and allergies, assist- In the spirit of compromise and bi- viduals and families are partnering with ing victims of domestic violence with partisanship, we have taken conten- legal professionals to assist them in pro- preventing future abuse, and helping tious issues off the table. For example, viding better quality of healthcare. (6) Medical-legal partnerships integrate terminally ill patients make custodial the bill excludes Federal money from lawyers in a health setting to help patients arrangements for their dependent chil- being used toward class action law navigate the complex government, legal, and dren. suits, medical malpractice cases, rep- service systems in addressing social deter- In many cases, patients aren’t even resentation of undocumented individ- minants of health, such as income supports aware that their health challenges are uals, and abortion or abortion-coun- for food insecure families and mold removal caused by their living environment, or seling services. from the home of asthmatics. that their problem can be addressed In addition to having bipartisan sup- (b) PURPOSES.—The purposes of this Act through the legal system. port, medical-legal partnerships have are to— After graduating from law school, I been praised by prominent organiza- (1) support and advance opportunity for medical-legal partnerships to be more fully served as a Legal Services attorney in tions representing physicians and at- integrated in healthcare settings nationwide; Iowa. I learned first-hand how crucial torneys. They have received endorse- (2) to improve the quality of care for vul- this assistance is to struggling families ment from the American Medical Asso- nerable populations by reducing health dis- and individuals who have no place else ciation, the American Bar Association, parities among health disparities popu- to turn when they are taken advantage the American Academy of Pediatrics, lations and addressing the social deter- of or abused. I know the invaluable the American Hospital Association, minants of health; and legal help provided to battered women and the Accreditation Council of Grad- (3) identify and develop cost-effective trying to leave abusive relationships uate Medical Education, to name just a strategies that will improve patient outcomes and realize savings for healthcare sys- while fearing for their safety and the few. tems. safety of their children. I know that, Through this community-based, com- SEC. 3. MEDICAL-LEGAL PARTNERSHIPS. without access to the legal system, the mon-sense investment in addressing (a) IN GENERAL.—The Secretary of Health poor are often powerless against the in- the social effects of poverty, we will be and Human Services shall establish a nation- justices they suffer. able to help so many of our most at- wide demonstration project consisting of— I am very proud to say that my home risk citizens to avoid illness and hos- (1) awarding grants to, and entering into State of Iowa has a particularly suc- pitalization. contracts with, medical-legal partnerships to cessful partnership. The Iowa Legal I extend my sincere thanks to Sen- assist patients and their families to navigate Aid Health and Law Project harnesses ator BAYH and Senator BOND for their programs and activities; and the talents of Iowa physicians and at- hard work and commitment to this (2) evaluating the effectiveness of such torneys to improve the lives of vulner- bill. And I urge our colleagues to join partnerships. (b) TECHNICAL ASSISTANCE.—The Secretary able Iowans. Many times these situa- us in supporting this investment in may, directly or through grants or contracts, tions involve substandard housing, dis- medical-legal partnerships. provide technical assistance to grantees crimination, elder abuse, or problems Mr. President, I ask unanimous con- under subsection (a)(1) to support the estab- accessing disability, Social Security, sent that the text of the bill be printed lishment and sustainability of medical-legal health, or veteran’s benefits. By in the RECORD. partnerships. Not to exceed 5 percent of the partnering with 17 hospitals and health There being no objection, the text of amount appropriated to carry out this sec- centers across my State, the Iowa the bill was ordered to be printed in tion in a fiscal year may be used for purposes Legal Aid Health and Law Project is the RECORD, as follows: of this subsection. (c) FUNDING.— able to extend services from Sioux City S. 3668 (1) USE OF FUNDS.—Amounts received as a to Dubuque, and from Council Bluffs to Be it enacted by the Senate and House of Rep- grant or pursuant to a contract under this Fort Dodge. Last year, the program resentatives of the United States of America in section shall be used to assist patients and served 880 Iowans, and 94 percent of Congress assembled, their families to navigate health-related pro- their cases had a positive outcome. The SECTION 1. SHORT TITLE. grams and activities for purposes of achiev- Iowa Legal Aid Health and Law Project This Act may be cited as the ‘‘Medical- ing one or more of the following goals: does a remarkable job. They are just Legal Partnership for Health Act’’. (A) Enhancing access to healthcare serv- one example of the great work going on SEC. 2. FINDINGS; PURPOSE. ices. (a) FINDINGS.—Congress finds the fol- (B) Improving health outcomes for low-in- across the country. lowing: come individuals, as defined in subsection You may be surprised to learn that (1) Numerous studies and reports, includ- (g). when it comes to medical-legal part- ing the annual National Healthcare Dispari- (C) Reducing health disparities among nerships, a little money can go a long ties Report and Unequal Treatment, the 2002 health disparities populations. way. Iowa’s program was started with a Institute of Medicine Report, document the (D) Enhancing wellness and prevention of Federal investment of less than extensiveness to which vulnerable popu- chronic conditions and other health prob- $300,000. The program prevents hospital lations suffer from health disparities across lems. admissions and emergency room visits the country. (E) Reducing cost of care to the healthcare that cost hospitals and patients many (2) These studies have found that, on aver- system. age, racial and ethnic minorities and low-in- (F) Addressing the social determinants of thousands of dollars in health care come populations are disproportionately af- health. costs and insurance premiums. A mod- flicted with chronic and acute conditions (G) Addressing situational contributing est investment in these community such as asthma, cancer, diabetes, and hyper- factors. programs can help people achieve tension and suffer worse health outcomes, (2) AUTHORIZATION OF APPROPRIATIONS.— healthier, safer lives and prevent fu- worse health status, and higher mortality There are authorized to be appropriated to ture hospitalizations and health care rates. carry out this section such sums as may be costs. That sounds like common sense (3) Several recent studies also show that necessary, but not to exceed $10,000,000, for to me. And that’s why, today, I am health and healthcare quality are a function each of the fiscal years 2011 through 2015. of not only access to healthcare, but also the (3) MATCHING REQUIREMENT.—For each fis- proud to introduce the Medical-Legal social determinants of health, including the cal year, the Secretary may not award a Partnership for Health Act along with environment, the physical structure of com- grant or contract under this section to a en- Senators Bayh and Bond: to give munities, socio-economic status, nutrition, tity unless the entity agrees to make avail- health care providers and lawyers educational attainment, employment, race, able non-Federal contributions (which may

VerDate Mar 15 2010 03:27 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.027 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6526 CONGRESSIONAL RECORD — SENATE July 29, 2010 include in-kind contributions) toward the (3) The term ‘‘medical-legal partnership’’ America. The president of that com- costs of a grant or contract awarded under means an entity— pany, Stewart Parnell, came before this section in an amount that is not less (A) that is a partnership between— Congress and invoked his right against than $1 for each $10 of Federal funds provided (i) a community health center, public hos- self-incrimination, refusing to answer under the grant or contract. pital, children’s hospital, or other provider (4) ALLOCATION.—Of the amounts appro- of health care services to a significant num- questions about his role in distributing priated pursuant to paragraph (2) for a fiscal ber of low-income beneficiaries; and contaminated peanut products. These year, the Secretary may obligate not more (ii) one or more legal professionals; and products have been linked to the than 5 percent for the administrative ex- (B) whose primary mission is to assist pa- deaths of nine people and have penses of the Secretary in carrying out this tients and their families navigate health-re- sickened more than 600 others. It ap- section. lated programs, activities, and services pears that Parnell knew that peanut (d) ELIGIBLE ENTITIES.—To be eligible to through the provision of relevant civil legal receive a grant or contract under this sec- products from his company had tested assistance on-site in the healthcare setting positive for deadly salmonella, but tion, an entity shall— involved, in conjunction with regular train- (1) be an organization experienced in bridging for healthcare staff and providers regard- rather than immediately disposing of ing the medical and legal professions on being the connections between legal interven- the products, he sought ways to sell half of vulnerable populations nationally; tions, social determinants, and health of them anyway. The evidence suggests and low-income individuals. that he knowingly put profit above the (2) submit to the Secretary an application (4) The term ‘‘Secretary’’ means the Sec- public’s safety. at such time, in such manner, and con- retary of Health and Human Services. taining such information as the Secretary The bill I introduce today would increase sentences for people who put may require, including information dem- By Mr. LEAHY (for himself and onstrating that the applicant has experience profits above safety by knowingly con- in bridging the medical and legal professions Mr. FRANKEN): taminating the food supply. It makes or a strategy or plan for cultivating and S. 3669. A bill to increase criminal such offenses felony violations and sig- building medical-legal partnerships. penalties for certain knowing viola- nificantly increases the chances that (e) PROHIBITIONS.—No funds under this sections relating to food that is mis- those who commit them will face jail tion may be used— branded or adulterated; to the Com- (1) for any medical malpractice action or time, rather than a slap on the wrist, mittee on Health, Education, Labor, for their criminal conduct. proceeding; and Pensions. (2) to provide any support to an alien who I hope Senators of both parties will is not— Mr. LEAHY. Mr. President, today, I act quickly to pass this bill. On behalf (A) a qualified alien (as defined in section am pleased to introduce the Food Safe- of Mrs. Meunier and her son, Chris- 431 of the Immigration and Nationality Act); ty Enforcement Act, legislation that topher, as well as many like them (B) a nonimmigrant under the Immigration will hold criminals who poison our food across the country, we must repair our and Nationality Act; or supply accountable for their crimes. broken food safety system. The Justice (C) an alien who is paroled into the United This common sense bill increases the States under section 212(d)(5) of such Act for Department must be given the tools it sentences that prosecutors can seek for needs to investigate, prosecute, and less than one year; people who knowingly violate our food (3) to provide legal assistance with respect truly deter crime involving food safety. to any proceeding or litigation which seeks safety laws. If it is passed, those who This bill will be an important step to- to procure an abortion or to compel any indi- knowingly contaminate our food sup- ward making our food supply safer. vidual or institution to perform an abortion, ply and endanger Americans could re- Mr. President, I ask unanimous con- or assist in the performance of an abortion; ceive up to 10 years in jail. sent that the text of the bill be printed or Last year, a mother from Vermont, in the RECORD. (4) to initiate or participate in a class ac- Gabrielle Meunier, testified before the There being no objection, the text of tion lawsuit. Senate Agriculture Committee about the bill was ordered to be printed in (f) REPORTS.— her 7-year-old son, Christopher, who (1) FINAL REPORT BY SECRETARY.—Not later the RECORD, as follows: than 6 months after the date of the comple- became severely ill and was hospital- S. 3669 ized for 6 days after he developed sal- tion of the demonstration program under Be it enacted by the Senate and House of Rep- this section, the Secretary shall conduct a monella poisoning from peanut crack- resentatives of the United States of America in study of the results of the program and sub- ers. Thankfully, Christopher recovered, Congress assembled, mit to the Congress a report on such results and Mrs. Meunier was able to share her SECTION 1. SHORT TITLE. that includes the following: story, which highlighted for the Com- This Act may be cited as the ‘‘Food Safety (A) An evaluation of the program out- mittee and for the Senate improve- Enforcement Act of 2010’’. comes, including— ments that are needed in our food safe- (i) a description of the extent to which SEC. 2. CRIMINAL PENALTIES. medical-legal partnerships funded through ty system. No parent should have to go Section 303(a) of the Federal Food, Drug, this section achieved the goals described in through what Mrs. Meunier experi- and Cosmetic Act (21 U.S.C. 333(a)) is amend- subsection (b); enced. The American people should be ed— (ii) quantitative and qualitative analysis confident that the food they buy for (1) in paragraph (1), by striking ‘‘Any’’ and of baseline and benchmark measures; and their families is safe. inserting ‘‘Except as provided in paragraph (2) or (3), any’’; (iii) aggregate information about the indi- Current statutes do not provide suffi- viduals served and program activities. (2) in paragraph (2), by striking ‘‘Notwith- cient criminal sanctions for those who standing the provisions of paragraph (1) of (B) Recommendations on whether the pro- knowingly violate our food safety laws. grams funded under this section could be this section, if’’ and inserting ‘‘If’’; and used to improve patient outcomes in other The fines and recalls that usually re- (3) by adding at the end the following: public health areas. sult from criminal violations under ‘‘(3) Any person who knowingly violates subsection (a), (b), (c), (k), or (v) of section (2) INTERIM REPORTS BY SECRETARY.—The current law fall short in protecting the Secretary may provide interim reports to public from harmful products. Too 301 with respect to any food that is misbranded or adulterated shall be fined under the Congress on the demonstration program often, those who are willing to endan- under this section at such intervals as the title 18, United States Code, imprisoned for ger our children in pursuit of profits not more than 10 years, or both.’’. Secretary determines to be appropriate. view such fines or recalls as just the (3) REPORTS BY GRANTEES.—The Secretary cost of doing business. In order to pro- may require each recipient of a grant under By Mr. SPECTER (for himself this section to submit interim and final re- tect the public and effectively deter and Mr. CASEY): ports on the programs carried out by such re- this unacceptable conduct, we need to S. 3670. A bill to establish standards cipient with such grant. make sure that those who knowingly limiting the amounts of arsenic and (g) DEFINITIONS.—In this section: poison the food supply will go to jail. lead contained in glass beads used in (1) The term ‘‘health disparities popu- After hearing Mrs. Meunier’s ac- pavement markings; to the Committee lations’’ has the meaning given such term in count, I called on the Department of on Environment and Public Works. section 485E(d) of the Public Health Service Justice to conduct a criminal inves- Mr. SPECTER. Mr. President, I seek Act. (2) The term ‘‘low-income individuals’’ re- tigation into the outbreak of sal- recognition to introduce the Safe High- fers to the population of individuals and fam- monella that made Christopher and way Markings Act of 2010, a bill that ilies who earn up to 200 percent of the Fed- many others so sick. The outbreak was would establish minimum standards eral poverty level. traced to the Peanut Corporation of limiting the amounts of arsenic and

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.043 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6527 lead contained in glass beads for reflec- work each and every day without fear- ess—which was meant to give MSHA tive pavement markings. This bill will ing for their safety. It also serves as a authority to crack down on mines that help protect surface and ground water tribute to all miners who have lost repeatedly violate our laws, but has from contamination and protect the their lives, and also to my dear friend never been effectively implemented. health and safety of highway workers. and colleague, the late Senator Byrd, Rather than the punitive process that Each year, approximately 500 million who devoted his career to improving exists under current law, our legisla- pounds of glass beads are applied to the working condition of West Vir- tion focuses on rehabilitating unsafe create reflective markings on roads in ginia’s miners and worked diligently mines so that miners can go to work the United States. The source mate- with me to develop this bill. confident that they will safely return rials for the manufacturing of these It has been several months since the home to their families at the end of the glass beads can vary widely. While Upper Big Branch mine disaster, but shift. Mines will have to implement most engineered glass beads use envi- for many of us, it feels like only yes- safety plans, will be subject to addi- ronmentally-friendly materials such as terday that we were anxiously waiting tional inspections, and will be required recycled flat glass, some of the glass to hear news about the missing miners. to show substantial improvement in beads contain arsenic, lead and other Shortly after that horrible accident I their safety records before being re- heavy metals. As the glass degrades came to this floor and said that ‘‘No moved from pattern status. from the pounding of traffic, snow words are adequate to describe the plows, trucks and weather, toxic mate- grief.’’ I know that for the families of Our bill contains additional protec- rials can leach out of the glass and mix those 29 miners that remains the case. tions that will apply to workers across into the ground and surface water. In Even as the investigation into the all industries under the jurisdiction of addition, workers who apply the glass Upper Big Branch mine continues to the Occupational Safety and Health beads with high concentrations of move forward, we owe it to the victims’ Administration. These include ex- heavy metals are at risk for exposure. families and to the miners that still panded whistleblower protections for In response to environmental and get up and go to work every day, to employees, the explicit right to refuse health issues, several states have find real solutions to keep our miners to perform unsafe work, greater rights adopted regulations that require the safe. for victims and their families to par- use of environmentally-friendly, non- The legislation Senator GOODWIN and ticipate in the investigation process, toxic glass materials. In particular, I are introducing today has been a updated civil and criminal penalties, California, Iowa, Maine, New Jersey, team effort—particularly with my col- and the requirement that hazardous Vermont, Washington and Wyoming league and friend Congressman NICK conditions be abated immediately so have established procurement stand- RAHALL, who has introduced similar that litigation does not delay safety. ards for the quality of glass beads used legislation in the U.S. House of Rep- Deadly accidents occur in mines and in highways markings in their States. resentatives. I would like to acknowl- throughout every industry. Everyone Several other States are currently re- edge Senators HARKIN and MURRAY for deserves to be safe on the job, and viewing proposals. Additionally, the their effort and their commitment to these provisions will go a long way to- European Union, China, Australia, and addressing mine and workplace safety. ward achieving that goal. several Canadian provinces have also It gives teeth to existing whistle- But our bill also has additional provi- set standards limiting heavy metal blower protections so that miners can sions that are not included in the concentration. come forward to report safety con- House version. It requires an evalua- It makes no sense to continue this cerns. Miners should not fear for their tion of whether MSHA has the experts piecemeal approach; it is time for a na- jobs—their livelihoods—simply because it needs to effectively enforce our laws. they are trying to keep themselves and tional standard. This legislation estab- It requires the Government Account- their coworkers safe. We have a respon- lishes a minimum standard for engi- ability Office to conduct an inde- sibility to give them every protection neered glass beads used in reflective pendent evaluation of MSHA’s new necessary. Our bill gives miners up to markings. The legislation ensures that ‘‘pattern of violations’’ criteria to 180 days to file a whistleblower retalia- States receiving Federal funds adhere make sure it is effective in preventing tion complaint, it allows punitive dam- to the Environmental Protection Agen- repeated violations at our most unsafe ages and criminal penalties for retali- cy’s methods and standards for engi- mines. It promotes greater coordina- ating against a whistleblower, and it neered glass beads, specifically that tion between the Department of Jus- makes sure that miners do not lose pay the beads may contain no more than tice and Department of Labor in inves- if their mines are shut down for safety 200 parts per million of arsenic. tigating criminal violations of our reasons. It also allows miners to give Similar legislation has been intro- mine safety laws. It requires MSHA to private interviews with MSHA and ex- duced in the House and I look forward improve its online database so that the clude the operator or union representa- to advancing this important legislation public can more easily find out the full tive from the room. I know that the in- in the Senate. As such, I urge my col- safety records of operators not just industry and unions do not like this, but leagues to support this bill that will dividual mines, and compare the safety it is important for miners to be allowed help safeguard the lives of highway records of various mines and operators. to speak freely without intimidation or workers and help keep public roads free It requires MSHA to routinely develop of high levels of arsenic and lead. influence from anyone. Our legislation also gives MSHA ad- long-term safety goals and strategic By Mr. ROCKEFELLER (for him- ditional tools to keep miners safe, in- plans to meet those goals. These provisions will improve transparency, in- self and Mr. GOODWIN): cluding the ability to order additional S. 3671. A bill to improve compliance safety training at mines where it is crease accountability, and set us on a with mine and occupational safety and needed, expanded authority to seek in- path toward safety. health law, empower workers to raise junctions to stop dangerous practices, We can never change what happened safety concerns, prevent future mine and the ability to subpoena documents at the Upper Big Branch mine, but we and other workplace tragedies, estab- and testimony outside of the public can change the way we do business lish rights of families of victims of hearing context. But this bill also going forward. Americans deserve the workplace accidents, and for other pur- takes a hard look at MSHA to make peace of mind that comes from safe poses; to the Committee on Health, sure they are doing their job by cre- working conditions. Following the Education, Labor, and Pensions. ating an independent panel to inves- Upper Big Branch tragedy, this Senate Mr. ROCKEFELER. Mr. President, tigate MSHA’s role in serious accidents chose to honor the fallen miners with a today I am proud to introduce with my and it requires MSHA to conduct in- resolution—a gesture that Senator colleague Senator GOODWIN the Robert spections during all hours and shifts so Byrd and I very much appreciated. I C. Byrd Mine and Workplace Safety that every miner has the same level of hope that my colleagues will work with and Health Act of 2010. This legislation protection. Senator GOODWIN and I to pass mean- is a first step to making sure that Importantly, this bill also fixes the ingful mine safety legislation in their every miner in West Virginia can go to broken ‘‘pattern of violations’’ proc- honor as well.

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.050 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6528 CONGRESSIONAL RECORD — SENATE July 29, 2010 SUBMITTED RESOLUTIONS SA 4567. Mr. REID (for Mrs. MURRAY (for (B) LIMITATION.—Notwithstanding subpara- herself, Mr. HARKIN, Mr. REID, and Mr. SCHU- graph (A), a loan shall constitute small busi- MER)) proposed an amendment to the bill ness lending only if it is made to a small SENATE RESOLUTION 601—TO AU- H.R. 1586, to modernize the air traffic control business concerns (as defined under section 3 THORIZE TESTIMONY OF SENATE system, improve the safety, reliability, and of the Small Business Act (15 U.S.C. 632)). EMPLOYEES IN A GRAND JURY availability of transportation by air in the United States, provide for modernization of SA 4563. Mrs. HUTCHISON submitted PROCEEDING IN THE DISTRICT the air traffic control system, reauthorize an amendment intended to be proposed OF COLUMBIA the Federal Aviation Administration, and for to amendment SA 4519 proposed by Mr. Mr. REID (for himself and Mr. other purposes. REID (for himself, Mr. BAUCUS, and Ms. SA 4568. Mr. REID proposed an amendment MCCONNELL) submitted the following LANDRIEU) to the bill H.R. 5297, to cre- to amendment SA 4567 proposed by Mr. REID resolution; which was considered and (for Mrs. MURRAY (for herself, Mr. HARKIN, ate the Small Business Lending Fund agreed to: Mr. REID, and Mr. SCHUMER)) to the bill H.R. Program to direct the Secretary of the S. RES. 601 1586, supra. Treasury to make capital investments Whereas, in a proceeding before a grand SA 4569. Mr. REID proposed an amendment in eligible institutions in order to injury of the United States District Court for to the bill H.R. 1586, supra. crease the availability of credit for the District of Columbia testimony has been SA 4570. Mr. REID proposed an amendment small businesses, to amend the Inter- sought from employees of the office of Sen- to amendment SA 4569 proposed by Mr. REID to the bill H.R. 1586, supra. nal Revenue Code of 1986 to provide tax ator John Ensign; incentives for small business job cre- Whereas, by the privileges of the Senate of SA 4571. Mr. REID proposed an amendment the United States and Rule XI of the stand- to amendment SA 4570 proposed by Mr. REID ation, and for other purposes; which ing Rules of the Senate, no evidence under to the amendment SA 4569 proposed by Mr. was ordered to lie on the table; as fol- the control or in the possession of the Senate REID to the bill H.R. 1586, supra. lows: SA 4572. Mr. MCCAIN (for himself and Mr. may, by the judicial process, be taken from At the end of subtitle B, add the following: KYL) submitted an amendment intended to such control or possession but by permission be proposed by him to the bill H.R. 5875, PART lll—TITLE 17 INNOVATIVE TECH- of the Senate; NOLOGY LOAN GUARANTEE PROGRAM Whereas, when it appears that evidence making emergency supplemental appropriations for border security for the fiscal year SEC. 4lll. TITLE 17 INNOVATIVE TECHNOLOGY under the control or in the possession of the LOAN GUARANTEE PROGRAM. Senate may promote the administration of ending September 30, 2010, and for other purposes; which was ordered to lie on the table. (a) FUNDING.—The matter under the head- justice, the Senate will take such action as ing ‘‘TITLE 17 INNOVATIVE TECHNOLOGY LOAN will promote the ends of justice consistent f GUARANTEE PROGRAM’’ of title III of division with the privileges of the Senate; Now, TEXT OF AMENDMENTS C of the Omnibus Appropriations Act, 2009 therefore be it (Public Law 111–8; 123 Stat. 619) is amended, Resolved, That current or former employees SA 4562. Mr. MENENDEZ submitted in the matter preceding the first proviso— of Senator John Ensign’s office are author- an amendment intended to be proposed (1) by striking ‘‘$47,000,000,000’’ and insert- ized to testify in the grand jury proceeding to amendment SA 4557 submitted by ing ‘‘$56,000,000,000’’; and or any related proceeding, except concerning Mr. MENENDEZ and intended to be pro- (2) by striking ‘‘$18,500,000,000’’ and insert- matters for which a privilege should be as- posed to the amendment SA 4519 pro- ing ‘‘$27,500,000,000’’. serted. posed by Mr. REID (for himself, Mr. (b) USE OF STIMULUS FUNDS TO OFFSET SPENDING.— f BAUCUS, and Ms. LANDRIEU) to the bill (1) IN GENERAL.—The unobligated balance AMENDMENTS SUBMITTED AND H.R. 5297, to create the Small Business of each amount appropriated or made avail- PROPOSED Lending Fund Program to direct the able under the American Recovery and Rein- SA 4562. Mr. MENENDEZ submitted an Secretary of the Treasury to make cap- vestment Act of 2009 (Public Law 111–5; 123 amendment intended to be proposed to ital investments in eligible institu- Stat. 115) (other than under title X of divi- amendment SA 4557 submitted by Mr. tions in order to increase the avail- sion A of that Act) is rescinded, on a pro rata MENENDEZ and intended to be proposed to ability of credit for small businesses, basis, by an aggregate amount that equals the amendment SA 4519 proposed by Mr. to amend the Internal Revenue Code of the amounts necessary to offset any net in- REID (for himself, Mr. BAUCUS, and Ms. 1986 to provide tax incentives for small crease in spending or foregone revenues re- LANDRIEU) to the bill H.R. 5297, to create the business job creation, and for other sulting from this section and the amendments made by this section. Small Business Lending Fund Program to di- purposes; which was ordered to lie on (2) REPORT.—The Director of the Office of rect the Secretary of the Treasury to make the table; as follows: capital investments in eligible institutions Management and Budget shall submit to in order to increase the availability of credit On page 1, strike line 3 and all that follows each congressional committee the amounts for small businesses, to amend the Internal through page 2, line 2, and insert the fol- rescinded under paragraph (1) that are with- Revenue Code of 1986 to provide tax incen- lowing: in the jurisdiction of the committee. tives for small business job creation, and for (v) Nonowner-occupied commercial real es- other purposes; which was ordered to lie on tate loans. SA 4564. Mr. REED submitted an the table. (vi)(I) Loans secured by real estate— amendment intended to be proposed to SA 4563. Mrs. HUTCHISON submitted an (aa) that are made to finance— amendment SA 4519 proposed by Mr. amendment intended to be proposed to (AA) land development that is preparatory REID (for himself, Mr. BAUCUS, and Ms. to erecting new structures, including im- amendment SA 4519 proposed by Mr. REID LANDRIEU) to the bill H.R. 5297, to cre- (for himself, Mr. BAUCUS, and Ms. LANDRIEU) proving land, laying sewers, and laying water pipes; or ate the Small Business Lending Fund to the bill H.R. 5297, supra; which was or- Program to direct the Secretary of the dered to lie on the table. (BB) the on-site construction of industrial, SA 4564. Mr. REED submitted an amend- commercial, residential, or farm buildings; Treasury to make capital investments ment intended to be proposed to amendment (bb) that is vacant land, except land known in eligible institutions in order to in- SA 4519 proposed by Mr. REID (for himself, to be used or usable for agricultural pur- crease the availability of credit for Mr. BAUCUS, and Ms. LANDRIEU) to the bill poses, such as crop and livestock production; small businesses, to amend the Inter- H.R. 5297, supra; which was ordered to lie on (cc) the proceeds of which are to be used to nal Revenue Code of 1986 to provide tax the table. acquire and improve developed or undevel- incentives for small business job cre- SA 4565. Mr. REED submitted an amend- oped property; or ation, and for other purposes; which ment intended to be proposed to amendment (dd) that are made under title I of the Na- was ordered to lie on the table; as fol- tional Housing Act (12 U.S.C. 1702 et seq.). SA 4519 proposed by Mr. REID (for himself, lows: Mr. BAUCUS, and Ms. LANDRIEU) to the bill (II) Subclause (I) shall only apply to loans H.R. 5297, supra; which was ordered to lie on that are extended to small business concerns On page 130 of the amendment, after line the table. (as defined under section 3 of the Small Busi- 25, insert the following: SA 4566. Mr. WEBB submitted an amend- ness Act (15 U.S.C. 632)) in the construction SEC. 1705. COMMUNITY DEVELOPMENT FUNDS. ment intended to be proposed by him to the industry, as such term is defined by the Sec- Chapter 11 of title I of the Supplemental bill S. 3454, to authorize appropriations for retary in consultation with the Adminis- Appropriations Act, 2010, is amended by fiscal year 2011 for military activities of the trator of the Small Business Administration. striking the heading ‘‘Community Develop- Department of Defense, for military con- (III) For purposes of this clause, the term ment Fund’’ and all the matter that follows struction, and for defense activities of the ‘‘construction’’ includes the construction of through the ninth proviso under such head- Department of Energy, to prescribe military new structures, additions or alterations to ing and inserting the following: personnel strengths for such fiscal year, and existing structures, and the demolition of ex- ‘‘COMMUNITY DEVELOPMENT FUND for other purposes; which was ordered to lie isting structures to make way for new struc- ‘‘For an additional amount for the ‘Com- on the table. tures. munity Development Fund’, for necessary

VerDate Mar 15 2010 05:15 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.052 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6529 expenses related to disaster relief, long-term was ordered to lie on the table; as fol- ‘‘(C) a dependent child incapable of self- recovery, and restoration of infrastructure, lows: support because of mental or physical inca- housing, and economic revitalization in At the end of subtitle A of title IV, add the pacity for whom a supplemental or special areas affected by flooding for which the following: needs trust has been established under sub- President declared a major disaster between SEC. 41ll. ECONOMIC DEVELOPMENT ASSIST- paragraph (A) or (C) of section 1917(d)(4) of March 29, 2010, and May 7, 2010, which in- ANCE PROGRAMS. the Social Security Act (42 U.S.C. cluded Individual Assistance for an entire In chapter 2 of title I of the Act entitled 1396p(d)(4)).’’; State or not fewer than 45 counties within a ‘‘An Act making supplemental appropria- (3) in paragraph (2)— State under title IV of the Robert T. Staf- tions for the fiscal year ending September 30, (A) by redesignating subparagraphs (C) ford Disaster Relief and Emergency Assist- 2010, and for other purposes’’, strike the mat- through (H) as subparagraphs (D) through (I), ance Act of 1974, $100,000,000, to remain avail- ter under the heading ‘‘ECONOMIC DEVELOP- respectively; able until expended, for activities authorized MENT ASSISTANCE PROGRAMS’’ under the head- (B) by inserting after subparagraph (B) the under title I of the Housing and Community ing ‘‘ECONOMIC DEVELOPMENT ADMINISTRA- following new subparagraph (C): Development Act of 1974 (Public Law 93–383): TION’’ under the heading ‘‘DEPARTMENT OF ‘‘(C) In the case of an annuitant referred to Provided, That funds shall be awarded di- COMMERCE’’ and insert the following: in paragraph (1)(C), payment of the annuity rectly to the State or unit of general local ‘‘Pursuant to section 703 of the Public to the supplemental or special needs trust government at the discretion of the Sec- Works and Economic Development Act of established for the annuitant.’’; retary: Provided further, That prior to the ob- 1965 (42 U.S.C. 3233), for an additional amount (C) in subparagraph (D), as redesignated by ligation of funds a grantee shall submit a for ‘‘ ‘Economic Development Assistance subparagraph (A) of this paragraph, by strik- plan to the Secretary detailing the proposed Programs’ ’’, for necessary expenses relating ing ‘‘subparagraphs (D) and (E)’’ and insert- use of all funds, including criteria for eligi- to disaster relief, long-term recovery, and ing ‘‘subparagraphs (E) and (F)’’; and bility and how the use of these funds will ad- restoration of infrastructure in areas af- (D) in subparagraph (H), as so redesig- dress long-term recovery and restoration of fected by flooding for which the President nated— infrastructure: Provided further, That funds declared a major disaster during the period (i) by inserting ‘‘or (1)(C)’’ after ‘‘para- provided under this heading may be used by beginning on March 29, 2010, and ending on graph (1)(B)’’ in the matter preceding clause a State or locality as a matching require- May 7, 2010, which included individual assist- (i); ment, share, or contribution for any other ance for an entire State or not fewer than 45 (ii) in clause (i), by striking ‘‘and’’ at the Federal program: Provided further, That such counties within a State under title IV of the end; funds may not be used for activities reim- Robert T. Stafford Disaster Relief and Emer- (iii) in clause (ii), by striking the period at bursable by, or for which funds are made gency Assistance Act (42 U.S.C. 5170 et seq.), the end and inserting ‘‘; and’’; and available by, the Federal Emergency Man- $49,000,000, to remain available until ex- (iv) by adding at the end the following new agement Agency or the Army Corps of Engi- pended: Provided, That not more than 50 per- clause: neers: Provided further, That funds allocated cent of the amount provided under this head- ‘‘(iii) procedures for determining when an- under this heading shall not adversely affect ing shall be allocated to any State.’’. nuity payments to a supplemental or special the amount of any formula assistance re- needs trust shall end based on the death or ceived by a State or subdivision thereof SA 4566. Mr. WEBB submitted an marriage of the dependent child for which under the Community Development Fund: amendment intended to be proposed by the trust was established.’’; and Provided further, That a State or subdivision him to the bill S. 3454, to authorize ap- (4) in paragraph (3), by striking ‘‘OR FIDU- thereof may use up to 5 percent of its alloca- CIARY’’ in the paragraph caption and insert- tion for administrative costs: Provided fur- propriations for fiscal year 2011 for ing ‘‘, FIDUCIARY, OR TRUST’’. ther, That in administering the funds under military activities of the Department this heading, the Secretary of Housing and of Defense, for military construction, Urban Development may waive, or specify and for defense activities of the De- SA 4567. Mr. REID (for Mrs. MURRAY alternative requirements for, any provision partment of Energy, to prescribe mili- (for herself, Mr. HARKIN, Mr. REID, and of any statute or regulation that the Sec- tary personnel strengths for such fiscal Mr. SCHUMER)) proposed an amendment retary administers in connection with the year, and for other purposes; which was to the bill H.R. 1586, to modernize the obligation by the Secretary or the use by the ordered to lie on the table; as follows: air traffic control system, improve the recipient of these funds or guarantees (except for requirements related to fair housing, At the end of subtitle D of title VI, add the safety, reliability, and availability of nondiscrimination, labor standards, and the following: transportation by air in the United environment), upon a request by a State or SEC. 633. SURVIVOR BENEFIT PLAN ANNUITIES States, provide for modernization of subdivision thereof explaining why such FOR SPECIAL NEEDS TRUSTS ESTAB- the air traffic control system, reau- LISHED FOR THE BENEFIT OF DE- waiver is required to facilitate the use of PENDENT CHILDREN INCAPABLE OF thorize the Federal Aviation Adminis- such funds or guarantees, if the Secretary SELF-SUPPORT. tration, and for other purposes; as fol- finds that such waiver would not be incon- (a) SPECIAL NEEDS TRUST AS ELIGIBLE BEN- lows: sistent with the overall purpose of title I of EFICIARY.— In lieu of the matter proposed to be in- the Housing and Community Development (1) IN GENERAL.—Subsection (a) of section serted, insert the following: Act of 1974: Provided further, That the Sec- 1450 of title 10, United States Code, is amend- retary shall publish in the Federal Register ed— SHORT TITLE any waiver of any statute or regulation that (A) by redesignating paragraph (4) as para- the Secretary administers pursuant to title I SECTION 1. This Act may be cited as the graph (5); and ‘‘llllll Act of llll’’. of the Housing and Community Development (B) by inserting after paragraph (3) the fol- Act of 1974 no later than 5 days before the ef- lowing new paragraph (4): TITLE I fective date of such waiver: Provided further, ‘‘(4) SPECIAL NEEDS TRUSTS FOR SOLE BEN- EDUCATION JOBS FUND That the Secretary shall obligate to a State EFIT OF CERTAIN DEPENDENT CHILDREN.—Not- or subdivision thereof not less than 50 per- withstanding subsection (i), a supplemental EDUCATION JOBS FUNDS cent of the funding provided under this head- or special needs trust established under sub- SEC. 101. There are authorized to be appro- ing within 90 days after the enactment of paragraph (A) or (C) of section 1917(d)(4) of priated and there are appropriated out of any this Act: Provided further, That not more the Social Security Act (42 U.S.C. 1396p(d)(4)) money in the Treasury not otherwise obli- than 50 percent of the funding provided for the sole benefit of a dependent child con- gated for necessary expenses for an Edu- under this heading shall be allocated to any sidered disabled under section 1614(a)(3) of cation Jobs Fund, $10,000,000,000: Provided, State (including units of general local gov- that Act (42 U.S.C. 1382c(a)(3)) who is incapa- That the amount under this heading shall be ernment).’’. ble of self-support because of mental or phys- administered under the terms and conditions Mr. REED submitted an ical incapacity.’’. of sections 14001 through 14013 and title XV SA 4565. of division A of the American Recovery and amendment intended to be proposed to (2) CONFORMING AMENDMENT.—Subsection (i) of such section is amended by inserting Reinvestment Act of 2009 (Public Law 111–5) amendment SA 4519 proposed by Mr. ‘‘(a)(4) or’’ after ‘‘subsection’’. except as follows: REID (for himself, Mr. BAUCUS, and Ms. (b) REGULATIONS.—Section 1455(d) of such (1) ALLOCATION OF FUNDS.— LANDRIEU) to the bill H.R. 5297, to cre- title is amended— (A) Funds appropriated under this heading ate the Small Business Lending Fund (1) in the subsection caption, by striking shall be available only for allocation by the Program to direct the Secretary of the ‘‘AND FIDUCIARIES’’ and inserting ‘‘, FIDU- Secretary of Education (in this heading re- Treasury to make capital investments CIARIES, AND SPECIAL NEEDS TRUSTS’’; ferred to as the Secretary) in accordance in eligible institutions in order to in- (2) in paragraph (1)— with subsections (a), (b), (d), (e), and (f) of (A) in subparagraph (A), by striking ‘‘and’’ section 14001 of division A of Public Law 111– crease the availability of credit for at the end; 5 and subparagraph (B) of this paragraph, ex- small businesses, to amend the Inter- (B) in subparagraph (B), by striking the pe- cept that the amount reserved under such nal Revenue Code of 1986 to provide tax riod at the end and inserting ‘‘; and’’; and subsection (b) shall not exceed $1,000,000 and incentives for small business job cre- (C) by adding at the end the following new such subsection (f) shall be applied by sub- ation, and for other purposes; which subparagraph: stituting one year for two years.

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(B) Prior to allocating funds to States have submitted applications meeting the re- (11) ADDITIONAL REQUIREMENTS FOR THE under section 14001(d) of division A of Public quirements applicable to funds under this STATE OF TEXAS.—The following require- Law 111–5, the Secretary shall allocate 0.5 heading. The Secretary shall not require in- ments shall apply to the State of Texas: percent to the Secretary of the Interior for formation in applications beyond what is (A) Notwithstanding paragraph (3)(B), schools operated or funded by the Bureau of necessary to determine compliance with ap- funds used to support elementary and sec- Indian Affairs on the basis of the schools’ re- plicable provisions of law. ondary education shall be distributed based spective needs for activities consistent with (8) ALTERNATE DISTRIBUTION OF FUNDS.—If, on local educational agencies’ relative this heading under such terms and condi- within 30 days after the date of the enact- shares of funds under part A of title I of the tions as the Secretary of the Interior may ment of this Act, a Governor has not sub- Elementary and Secondary Education Act of determine. mitted an approvable application, the Sec- 1965 (20 U.S.C. 6311 et seq.) for the most re- (2) RESERVATION.—A State that receives an retary shall provide for funds allocated to cent fiscal year which data are available. allocation of funds appropriated under this that State to be distributed to another enti- Funds distributed pursuant to this paragraph heading may reserve not more than 2 percent ty or other entities in the State (notwith- shall be used to supplement and not supplant for the administrative costs of carrying out standing section 14001(e) of division A of State formula funding that is distributed on its responsibilities with respect to those Public Law 111–5) for support of elementary a similar basis to part A of title I of the Ele- funds. and secondary education, under such terms mentary and Secondary Education Act of (3) AWARDS TO LOCAL EDUCATIONAL AGEN- and conditions as the Secretary may estab- 1965 (20 U.S.C. 6311 et seq.). CIES.— lish, provided that all terms and conditions (B) The Secretary shall not allocate funds (A) Except as specified in paragraph (2), an that apply to funds appropriated under this to the State of Texas under paragraph (1) un- allocation of funds to a State shall be used heading shall apply to such funds distributed less the Governor of the State provides an only for awards to local educational agencies to such entity or entities. No distribution assurance to the Secretary that the State for the support of elementary and secondary shall be made to a State under this para- will for fiscal years 2011, 2012, and 2013 main- education in accordance with paragraph (5) graph, however, unless the Secretary has de- tain State support for elementary and sec- for the 2010–2011 school year (or, in the case termined (on the basis of such information ondary education at a percentage of the of reallocations made under section 14001(f) as may be available) that the requirements total revenues available to the State that is of division A of Public Law 111–5, for the of clauses (i), (ii), or (iii) of paragraph 10(A) equal to or greater than the percentage pro- 2010–2011 or the 2011–2012 school year). vided for such purpose for fiscal year 2011 (B) Funds used to support elementary and are likely to be met, notwithstanding the lack of an application from the Governor of prior to the enactment of this Act. secondary education shall be distributed (C) Notwithstanding paragraph (8), no dis- through a State’s primary elementary and that State. (9) LOCAL EDUCATIONAL AGENCY APPLICA- tribution shall be made to the State of Texas secondary funding formulae or based on local or local education agencies therein unless educational agencies’ relative shares of TION.—Section 442 of the General Education Provisions Act shall not apply to a local edu- the Governor of Texas makes an assurance funds under part A of title I of the Elemen- to the Secretary that the requirements in tary and Secondary Education Act of 1965 (20 cational agency that has previously submitted an application to the State under paragraphs (11)(A) and (11)(B) will be met, U.S.C. 6311 et seq.) for the most recent fiscal notwithstanding the lack of an application year for which data are available. title XIV of division A of Public Law 111–5. from the Governor of Texas. (C) Subsections (a) and (b) of section 14002 The assurances provided under that applica- of division A of Public Law 111–5 shall not tion shall continue to apply to funds award- TITLE II—STATE FISCAL RELIEF AND apply to funds appropriated under this headed under this heading. OTHER PROVISIONS; REVENUE OFFSETS ing. (10) MAINTENANCE OF EFFORT.— Subtitle A—State Fiscal Relief and Other (4) COMPLIANCE WITH EDUCATION REFORM AS- (A) Except as provided in paragraph (8), the Provisions Secretary shall not allocate funds to a State SURANCES.—For purposes of awarding funds EXTENSION OF ARRA INCREASE IN FMAP appropriated under this heading, any State under paragraph (1) unless the Governor of SEC. 201. that has an approved application for Phase II the State provides an assurance to the Sec- Section 5001 of the American Recovery and of the State Fiscal Stabilization Fund that retary that— Reinvestment Act of 2009 (Public Law 111–5) was submitted in accordance with the appli- (i) for State fiscal year 2011, the State will cation notice published in the Federal Reg- maintain State support for elementary and is amended— ister on November 17, 2009 (74 Fed. Reg. 59142) secondary education (in the aggregate or on (1) in subsection (a)(3), by striking ‘‘first shall be deemed to be in compliance with the basis of expenditures per pupil) and for calendar quarter’’ and inserting ‘‘first 3 cal- subsection (b) and paragraphs (2) through (5) public institutions of higher education (not endar quarters’’; of subsection (d) of section 14005 of division A including support for capital projects or for (2) in subsection (b)— of Public Law 111–5. research and development or tuition and fees (A) in paragraph (1), by striking ‘‘para- (5) REQUIREMENT TO USE FUNDS TO RETAIN paid by students) at not less than the level of graph (2)’’ and inserting ‘‘paragraphs (2) and OR CREATE EDUCATION JOBS.—Notwith- such support for each of the two categories, (3)’’; and standing section 14003(a) of division A of respectively, for State fiscal year 2009; (B) by adding at the end the following: Public Law 111–5, funds awarded to local edu- (ii) for State fiscal year 2011, the State will ‘‘(3) PHASE-DOWN OF GENERAL INCREASE.— cational agencies under paragraph (3)— maintain State support for elementary and ‘‘(A) SECOND QUARTER OF FISCAL YEAR 2011.— (A) may be used only for compensation and secondary education and for public institu- For each State, for the second quarter of fis- benefits and other expenses, such as support tions of higher education (not including sup- cal year 2011, the FMAP percentage increase services, necessary to retain existing em- port for capital projects or for research and for the State under paragraph (1) or (2) (as ployees, to recall or rehire former employ- development or tuition and fees paid by stu- applicable) shall be 3.2 percentage points. ees, and to hire new employees, in order to dents) at a percentage of the total revenues ‘‘(B) THIRD QUARTER OF FISCAL YEAR 2011.— provide early childhood, elementary, or sec- available to the State that is equal to or For each State, for the third quarter of fiscal ondary educational and related services; and greater than the percentage provided for year 2011, the FMAP percentage increase for (B) may not be used for general adminis- each of the two categories, respectively, for the State under paragraph (1) or (2) (as appli- trative expenses or for other support services State fiscal year 2010; or cable) shall be 1.2 percentage points.’’; expenditures as those terms were defined by (iii) in the case of a State in which State (3) in subsection (c)— the National Center for Education Statistics tax collections for calendar year 2009 were (A) in paragraph (2)(B), by striking ‘‘July in its Common Core of Data as of the date of less than State tax collections for calendar 1, 2010’’ and inserting ‘‘January 1, 2011’’; enactment of this Act. year 2006, for State fiscal year 2011 the State (B) in paragraph (3)(B)(i), by striking ‘‘July (6) PROHIBITION ON USE OF FUNDS FOR RAINY- will maintain State support for elementary 1, 2010’’ and inserting ‘‘January 1, 2011’’ each DAY FUNDS OR DEBT RETIREMENT.—A State and secondary education (in the aggregate) place it appears; and that receives an allocation may not use such and for public institutions of higher edu- (C) in paragraph (4)(C)(ii), by striking ‘‘the funds, directly or indirectly, to— cation (not including support for capital 3-consecutive-month period beginning with (A) establish, restore, or supplement a projects or for research and development or January 2010’’ and inserting ‘‘any 3-consecu- rainy-day fund; tuition and fees paid by students)— tive-month period that begins after Decem- (B) supplant State funds in a manner that (I) at not less than the level of such sup- ber 2009 and ends before January 2011’’; has the effect of establishing, restoring, or port for each of the two categories, respec- (4) in subsection (e), by adding at the end supplementing a rainy-day fund; tively, for State fiscal year 2006; or the following: (C) reduce or retire debt obligations in- (II) at a percentage of the total revenues ‘‘Notwithstanding paragraph (5), effective for curred by the State; or available to the State that is equal to or payments made on or after January 1, 2010, (D) supplant State funds in a manner that greater than the percentage provided for the increases in the FMAP for a State under has the effect of reducing or retiring debt ob- each of the two categories, respectively, for this section shall apply to payments under ligations incurred by the State. State fiscal year 2006. title XIX of such Act that are attributable to (7) DEADLINE FOR AWARD.—The Secretary (B) Section 14005(d)(1) and subsections (a) expenditures for medical assistance provided shall award funds appropriated under this through (c) of section 14012 of division A of to nonpregnant childless adults made eligi- heading not later than 45 days after the date Public Law 111–5 shall not apply to funds ap- ble under a State plan under such title (in- of the enactment of this Act to States that propriated under this heading. cluding under any waiver under such title or

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.055 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6531 under section 1115 of such Act (42 U.S.C. domestic corporation which meets the own- crued in taxable years beginning after De- 1315)) who would have been eligible for child ership requirements of subsection (a) or (b) cember 31, 2010; and health assistance or other health benefits of section 902 with respect to such section 902 (2) foreign income taxes (as so defined) under eligibility standards in effect as of De- corporation. paid or accrued by a section 902 corporation cember 31, 2009, of a waiver of the State child ‘‘(c) SPECIAL RULES.—For purposes of this (as so defined) in taxable years beginning on health plan under the title XXI of such section— or before such date (and not deemed paid Act.’’; ‘‘(1) APPLICATION TO PARTNERSHIPS, ETC.— under section 902(a) or 960 of such Code on or (5) in subsection (g)— In the case of a partnership, subsections (a) before such date), but only for purposes of (A) in paragraph (1), by striking ‘‘Sep- and (b) shall be applied at the partner level. applying sections 902 and 960 with respect to tember 30, 2011’’ and inserting ‘‘March 31, Except as otherwise provided by the Sec- periods after such date. 2012’’; retary, a rule similar to the rule of the pre- Section 909(b)(2) of the Internal Revenue (B) in paragraph (2), by inserting ‘‘of such ceding sentence shall apply in the case of Code of 1986, as added by this section, shall Act’’ after ‘‘1923’’; and any S corporation or trust. not apply to foreign income taxes described (C) by adding at the end the following: ‘‘(2) TREATMENT OF FOREIGN TAXES AFTER in paragraph (2). ‘‘(3) CERTIFICATION BY CHIEF EXECUTIVE OF- SUSPENSION.—In the case of any foreign in- DENIAL OF FOREIGN TAX CREDIT WITH RESPECT FICER.—No additional Federal funds shall be come tax not taken into account by reason TO FOREIGN INCOME NOT SUBJECT TO UNITED paid to a State as a result of this section of subsection (a) or (b), except as otherwise STATES TAXATION BY REASON OF COVERED with respect to a calendar quarter occurring provided by the Secretary, such tax shall be ASSET ACQUISITIONS during the period beginning on January 1, so taken into account in the taxable year re- SEC. 212. 2011, and ending on June 30, 2011, unless, not ferred to in such subsection (other than for (a) IN GENERAL.—Section 901 of the Inter- later than 45 days after the date of enact- purposes of section 986(a)) as a foreign in- nal Revenue Code of 1986 is amended by re- ment of this paragraph, the chief executive come tax paid or accrued in such taxable designating subsection (m) as subsection (n) officer of the State certifies that the State year. and by inserting after subsection (l) the fol- will request and use such additional Federal ‘‘(d) DEFINITIONS.—For purposes of this sec- lowing new subsection: funds.’’; and tion— ‘‘(m) DENIAL OF FOREIGN TAX CREDIT WITH (6) in subsection (h)(3), by striking ‘‘De- ‘‘(1) FOREIGN TAX CREDIT SPLITTING RESPECT TO FOREIGN INCOME NOT SUBJECT TO cember 31, 2010’’ and inserting ‘‘June 30, EVENT.—There is a foreign tax credit split- UNITED STATES TAXATION BY REASON OF COV- 2011’’. ting event with respect to a foreign income ERED ASSET ACQUISITIONS.— TREATMENT OF CERTAIN DRUGS FOR tax if the related income is (or will be) taken ‘‘(1) IN GENERAL.—In the case of a covered COMPUTATION OF MEDICAID AMP into account under this chapter by a covered asset acquisition, the disqualified portion of person. SEC. 202. any foreign income tax determined with re- Effective as if included in the enactment of ‘‘(2) FOREIGN INCOME TAX.—The term ‘for- spect to the income or gain attributable to Public Law 111-148, section eign income tax’ means any income, war the relevant foreign assets— 1927(k)(1)(B)(i)(IV) of the Social Security Act profits, or excess profits tax paid or accrued ‘‘(A) shall not be taken into account in de- (42 U.S.C. 1396r-8(k)(1)(B)(i)(IV)), as amended to any foreign country or to any possession termining the credit allowed under sub- by section 2503(a)(2)(B) of Public Law 111-148 of the United States. section (a), and and section 1101(c)(2) of Public Law 111-152, is ‘‘(3) RELATED INCOME.—The term ‘related ‘‘(B) in the case of a foreign income tax amended by adding at the end the following: income’ means, with respect to any portion paid by a section 902 corporation (as defined ‘‘, unless the drug is an inhalation, infusion, of any foreign income tax, the income (or, as in section 909(d)(5)), shall not be taken into instilled, implanted, or injectable drug that appropriate, earnings and profits) to which account for purposes of section 902 or 960. is not generally dispensed through a retail such portion of foreign income tax relates. ‘‘(2) COVERED ASSET ACQUISITION.—For pur- community pharmacy; and’’. ‘‘(4) COVERED PERSON.—The term ‘covered poses of this section, the term ‘covered asset person’ means, with respect to any person SUNSET OF TEMPORARY INCREASE IN BENEFITS acquisition’ means— who pays or accrues a foreign income tax ‘‘(A) a qualified stock purchase (as defined UNDER THE SUPPLEMENTAL NUTRITION AS- (hereafter in this paragraph referred to as SISTANCE PROGRAM in section 338(d)(3)) to which section 338(a) the ‘payor’)— applies, SEC. 203. ‘‘(A) any entity in which the payor holds, ‘‘(B) any transaction which— Section 101(a) of title I of division A of directly or indirectly, at least a 10 percent ‘‘(i) is treated as an acquisition of assets Public Law 111-5 (123 Stat. 120), as amended ownership interest (determined by vote or for purposes of this chapter, and by section 4262 of this Act, is amended by value), ‘‘(ii) is treated as the acquisition of stock striking paragraph (2) and inserting the fol- ‘‘(B) any person which holds, directly or in- of a corporation (or is disregarded) for pur- lowing: directly, at least a 10 percent ownership in- poses of the foreign income taxes of the rel- ‘‘(2) TERMINATION.—The authority provided terest (determined by vote or value) in the evant jurisdiction, by this subsection shall terminate after payor, ‘‘(C) any acquisition of an interest in a March 31, 2015.’’. ‘‘(C) any person which bears a relationship partnership which has an election in effect Subtitle B—Revenue Offsets to the payor described in section 267(b) or under section 754, and RULES TO PREVENT SPLITTING FOREIGN TAX 707(b), and ‘‘(D) to the extent provided by the Sec- CREDITS FROM THE INCOME TO WHICH THEY ‘‘(D) any other person specified by the Sec- retary, any other similar transaction. RELATE retary for purposes of this paragraph. ‘‘(3) DISQUALIFIED PORTION.—For purposes ‘‘(5) SECTION 902 CORPORATION.—The term SEC. 211. of this section— ‘section 902 corporation’ means any foreign (a) IN GENERAL.—Subpart A of part III of ‘‘(A) IN GENERAL.—The term ‘disqualified subchapter N of chapter 1 of the Internal corporation with respect to which one or portion’ means, with respect to any covered Revenue Code of 1986 is amended by adding more domestic corporations meets the own- asset acquisition, for any taxable year, the at the end the following new section: ership requirements of subsection (a) or (b) ratio (expressed as a percentage) of— of section 902. ‘‘SEC. 909. SUSPENSION OF TAXES AND CREDITS ‘‘(i) the aggregate basis differences (but UNTIL RELATED INCOME TAKEN ‘‘(e) REGULATIONS.—The Secretary may not below zero) allocable to such taxable INTO ACCOUNT. issue such regulations or other guidance as year under subparagraph (B) with respect to ‘‘(a) IN GENERAL.—If there is a foreign tax is necessary or appropriate to carry out the all relevant foreign assets, divided by credit splitting event with respect to a for- purposes of this section, including regula- ‘‘(ii) the income on which the foreign in- eign income tax paid or accrued by the tax- tions or other guidance which provides— come tax referred to in paragraph (1) is de- payer, such tax shall not be taken into ac- ‘‘(1) appropriate exceptions from the provi- termined (or, if the taxpayer fails to sub- count for purposes of this title before the sions of this section, and stantiate such income to the satisfaction of taxable year in which the related income is ‘‘(2) for the proper application of this sec- the Secretary, such income shall be deter- taken into account under this chapter by the tion with respect to hybrid instruments.’’. mined by dividing the amount of such for- taxpayer. (b) CLERICAL AMENDMENT.—The table of eign income tax by the highest marginal tax ‘‘(b) SPECIAL RULES WITH RESPECT TO SEC- sections for subpart A of part III of sub- rate applicable to such income in the rel- TION 902 CORPORATIONS.—If there is a foreign chapter N of chapter 1 of the Internal Rev- evant jurisdiction). tax credit splitting event with respect to a enue Code of 1986 is amended by adding at ‘‘(B) ALLOCATION OF BASIS DIFFERENCE.— foreign income tax paid or accrued by a sec- the end the following new item: For purposes of subparagraph (A)(i)— tion 902 corporation, such tax shall not be ‘‘Sec. 909. Suspension of taxes and credits ‘‘(i) IN GENERAL.—The basis difference with taken into account— until related income taken into respect to any relevant foreign asset shall be ‘‘(1) for purposes of section 902 or 960, or account.’’. allocated to taxable years using the applica- ‘‘(2) for purposes of determining earnings (c) EFFECTIVE DATE.—The amendments ble cost recovery method under this chapter. and profits under section 964(a), made by this section shall apply to— ‘‘(ii) SPECIAL RULE FOR DISPOSITION OF AS- before the taxable year in which the related (1) foreign income taxes (as defined in sec- SETS.—Except as otherwise provided by the income is taken into account under this tion 909(d) of the Internal Revenue Code of Secretary, in the case of the disposition of chapter by such section 902 corporation or a 1986, as added by this section) paid or ac- any relevant foreign asset—

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.055 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6532 CONGRESSIONAL RECORD — SENATE July 29, 2010 ‘‘(I) the basis difference allocated to the 267 or 707(b) of the Internal Revenue Code of section 956(c) of the Internal Revenue Code taxable year which includes the date of such 1986. of 1986) after December 31, 2010. disposition shall be the excess of the basis SEPARATE APPLICATION OF FOREIGN TAX CRED- SPECIAL RULE WITH RESPECT TO CERTAIN difference with respect to such asset over the IT LIMITATION, ETC., TO ITEMS RESOURCED REDEMPTIONS BY FOREIGN SUBSIDIARIES aggregate basis difference with respect to UNDER TREATIES SEC. 215. such asset which has been allocated under SEC. 213. (a) IN GENERAL.—Paragraph (5) of section clause (i) to all prior taxable years, and (a) IN GENERAL.—Subsection (d) of section 304(b) of the Internal Revenue Code of 1986 is ‘‘(II) no basis difference with respect to 904 of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) such asset shall be allocated under clause (i) amended by redesignating paragraph (6) as as subparagraph (C) and by inserting after to any taxable year thereafter. subparagraph (A) the following new subpara- paragraph (7) and by inserting after para- ‘‘(C) BASIS DIFFERENCE.— graph: graph (5) the following new paragraph: ‘‘(i) IN GENERAL.—The term ‘basis dif- ‘‘(B) SPECIAL RULE IN CASE OF FOREIGN AC- ‘‘(6) SEPARATE APPLICATION TO ITEMS ference’ means, with respect to any relevant QUIRING CORPORATION.—In the case of any ac- RESOURCED UNDER TREATIES.— foreign asset, the excess of— quisition to which subsection (a) applies in ‘‘(A) IN GENERAL.—If— ‘‘(I) the adjusted basis of such asset imme- which the acquiring corporation is a foreign ‘‘(i) without regard to any treaty obliga- diately after the covered asset acquisition, corporation, no earnings and profits shall be tion of the United States, any item of in- over taken into account under paragraph (2)(A) come would be treated as derived from ‘‘(II) the adjusted basis of such asset imme- (and subparagraph (A) shall not apply) if sources within the United States, diately before the covered asset acquisition. more than 50 percent of the dividends arising ‘‘(ii) under a treaty obligation of the ‘‘(ii) BUILT-IN LOSS ASSETS.—In the case of from such acquisition (determined without United States, such item would be treated as a relevant foreign asset with respect to regard to this subparagraph) would neither— arising from sources outside the United which the amount described in clause (i)(II) ‘‘(i) be subject to tax under this chapter for States, and exceeds the amount described in clause (i)(I), the taxable year in which the dividends ‘‘(iii) the taxpayer chooses the benefits of such excess shall be taken into account arise, nor such treaty obligation, under this subsection as a basis difference of ‘‘(ii) be includible in the earnings and prof- a negative amount. subsections (a), (b), and (c) of this section its of a controlled foreign corporation (as de- ‘‘(iii) SPECIAL RULE FOR SECTION 338 ELEC- and sections 902, 907, and 960 shall be applied fined in section 957 and without regard to TIONS.—In the case of a covered asset acqui- separately with respect to each such item. section 953(c)).’’. sition described in paragraph (2)(A), the cov- ‘‘(B) COORDINATION WITH OTHER PROVI- (b) EFFECTIVE DATE.—The amendments ered asset acquisition shall be treated for SIONS.—This paragraph shall not apply to made by this section shall apply to acquisi- purposes of this subparagraph as occurring any item of income to which subsection tions after the date of the enactment of this at the close of the acquisition date (as de- (h)(10) or section 865(h) applies. Act. fined in section 338(h)(2)). ‘‘(C) REGULATIONS.—The Secretary may MODIFICATION OF AFFILIATION RULES FOR PUR- ‘‘(4) RELEVANT FOREIGN ASSETS.—For pur- issue such regulations or other guidance as POSES OF RULES ALLOCATING INTEREST EX- poses of this section, the term ‘relevant for- is necessary or appropriate to carry out the PENSE eign asset’ means, with respect to any cov- purposes of this paragraph, including regula- SEC. 216. ered asset acquisition, any asset (including tions or other guidance which provides that (a) IN GENERAL.—Subparagraph (A) of sec- any goodwill, going concern value, or other related items of income may be aggregated tion 864(e)(5) of the Internal Revenue Code of intangible) with respect to such acquisition for purposes of this paragraph.’’. 1986 is amended by adding at the end the fol- if income, deduction, gain, or loss attrib- (b) EFFECTIVE DATE.—The amendments lowing: ‘‘Notwithstanding the preceding sen- utable to such asset is taken into account in made by this section shall apply to taxable tence, a foreign corporation shall be treated determining the foreign income tax referred years beginning after the date of the enact- as a member of the affiliated group if— to in paragraph (1). ment of this Act. ‘‘(i) more than 50 percent of the gross in- ‘‘(5) FOREIGN INCOME TAX.—For purposes of LIMITATION ON THE AMOUNT OF FOREIGN TAXES come of such foreign corporation for the tax- this section, the term ‘foreign income tax’ DEEMED PAID WITH RESPECT TO SECTION 956 able year is effectively connected with the means any income, war profits, or excess INCLUSIONS conduct of a trade or business within the United States, and profits tax paid or accrued to any foreign SEC. 214. country or to any possession of the United ‘‘(ii) at least 80 percent of either the vote (a) IN GENERAL.—Section 960 of the Inter- or value of all outstanding stock of such for- States. nal Revenue Code of 1986 is amended by add- ‘‘(6) TAXES ALLOWED AS A DEDUCTION, ETC.— eign corporation is owned directly or indi- ing at the end the following new subsection: rectly by members of the affiliated group Sections 275 and 78 shall not apply to any tax ‘‘(c) LIMITATION WITH RESPECT TO SECTION which is not allowable as a credit under sub- (determined with regard to this sentence).’’. 956 INCLUSIONS.— (b) EFFECTIVE DATE.—The amendment section (a) by reason of this subsection. ‘‘(1) IN GENERAL.—If there is included under made by this section shall apply to taxable ‘‘(7) REGULATIONS.—The Secretary may section 951(a)(1)(B) in the gross income of a years beginning after the date of the enact- issue such regulations or other guidance as domestic corporation any amount attrib- ment of this Act. is necessary or appropriate to carry out the utable to the earnings and profits of a for- TERMINATION OF SPECIAL RULES FOR INTEREST purposes of this subsection, including to ex- eign corporation which is a member of a AND DIVIDENDS RECEIVED FROM PERSONS empt from the application of this subsection qualified group (as defined in section 902(b)) MEETING THE 80-PERCENT FOREIGN BUSINESS certain covered asset acquisitions, and rel- with respect to the domestic corporation, REQUIREMENTS evant foreign assets with respect to which the amount of any foreign income taxes SEC. 217. the basis difference is de minimis.’’. deemed to have been paid during the taxable (a) IN GENERAL.—Paragraph (1) of section (b) EFFECTIVE DATE.— year by such domestic corporation under sec- 861(a) of the Internal Revenue Code of 1986 is (1) IN GENERAL.—Except as provided in tion 902 by reason of subsection (a) with re- amended by striking subparagraph (A) and paragraph (2), the amendments made by this spect to such inclusion in gross income shall by redesignating subparagraphs (B) and (C) section shall apply to covered asset acquisi- not exceed the amount of the foreign income as subparagraphs (A) and (B), respectively. tions (as defined in section 901(m)(2) of the taxes which would have been deemed to have (b) GRANDFATHER RULE WITH RESPECT TO Internal Revenue Code of 1986, as added by been paid during the taxable year by such WITHHOLDING ON INTEREST AND DIVIDENDS RE- this section) after December 31, 2010. domestic corporation if cash in an amount CEIVED FROM PERSONS MEETING THE 80-PER- (2) TRANSITION RULE.—The amendments equal to the amount of such inclusion in CENT FOREIGN BUSINESS REQUIREMENTS.— made by this section shall not apply to any gross income were distributed as a series of (1) IN GENERAL.—Subparagraph (B) of sec- covered asset acquisition (as so defined) with distributions (determined without regard to tion 871(i)(2) of the Internal Revenue Code of respect to which the transferor and the any foreign taxes which would be imposed on 1986 is amended to read as follows: transferee are not related if such acquisition an actual distribution) through the chain of ‘‘(B) The active foreign business percent- is— ownership which begins with such foreign age of— (A) made pursuant to a written agreement corporation and ends with such domestic ‘‘(i) any dividend paid by an existing 80/20 which was binding on January 1, 2011, and at corporation. company, and all times thereafter, ‘‘(2) AUTHORITY TO PREVENT ABUSE.—The ‘‘(ii) any interest paid by an existing 80/20 (B) described in a ruling request submitted Secretary shall issue such regulations or company.’’. to the Internal Revenue Service on or before other guidance as is necessary or appropriate (2) DEFINITIONS AND SPECIAL RULES.—Sec- May 20, 2010, or to carry out the purposes of this subsection, tion 871 of such Code is amended by redesig- (C) described on or before January 1, 2011, including regulations or other guidance nating subsections (l) and (m) as subsections in a public announcement or in a filing with which prevent the inappropriate use of the (m) and (n), respectively, and by inserting the Securities and Exchange Commission. foreign corporation’s foreign income taxes after subsection (k) the following new sub- (3) RELATED PERSONS.—For purposes of this not deemed paid by reason of paragraph (1).’’. section: subsection, a person shall be treated as re- (b) EFFECTIVE DATE.—The amendment ‘‘(l) RULES RELATING TO EXISTING 80/20 COM- lated to another person if the relationship made by this section shall apply to acquisi- PANIES.—For purposes of this subsection and between such persons is described in section tions of United States property (as defined in subsection (i)(2)(B)—

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‘‘(1) EXISTING 80/20 COMPANY.— ‘‘(A) IN GENERAL.—The corporation referred TITLE III ‘‘(A) IN GENERAL.—The term ‘existing 80/20 to in paragraph (1)(A) and all of such cor- RESCISSIONS company’ means any corporation if— poration’s subsidiaries shall be treated as SEC. 301. There is rescinded from accounts ‘‘(i) such corporation met the 80-percent one corporation. under the heading ‘‘Department of Agri- foreign business requirements of section ‘‘(B) SUBSIDIARIES.—For purposes of sub- culture—Rural Development’’, $122,000,000, to 861(c)(1) (as in effect before the date of the paragraph (A), the term ‘subsidiary’ means be derived from the unobligated balances of enactment of this subsection) for such cor- any corporation in which the corporation refunds that were provided for such accounts poration’s last taxable year beginning before ferred to in subparagraph (A) owns (directly in prior appropriation Acts (other than Pub- January 1, 2011, or indirectly) stock meeting the require- lic Law 111–5) and that were designated by ‘‘(ii) such corporation meets the 80-percent ments of section 1504(a)(2) (determined by the Congress in such Acts as an emergency foreign business requirements of subpara- substituting ‘50 percent’ for ‘80 percent’ each requirement pursuant to a concurrent reso- graph (B) with respect to each taxable year place it appears and without regard to sec- lution on the budget or the Balanced Budget after the taxable year referred to in clause tion 1504(b)(3)). and Emergency Deficit Control Act of 1985. (i), and EGULATIONS ‘‘(4) R .—The Secretary may SEC. 302. Of the funds made available for ‘‘(iii) there has not been an addition of a issue such regulations or other guidance as ‘‘Department of Agriculture—Rural Utilities substantial line of business with respect to is necessary or appropriate to carry out the Service—Distance Learning, Telemedicine, such corporation after the date of the enact- purposes of this section, including regula- ment of this subsection. and Broadband Program’’ in title I of divi- tions or other guidance which provide for the sion A of Public Law 111–5 (123 Stat. 118), ‘‘(B) FOREIGN BUSINESS REQUIREMENTS.— proper application of the aggregation rules $300,000,000 are rescinded. ‘‘(i) IN GENERAL.—Except as provided in described in paragraph (3).’’. clause (iv), a corporation meets the 80-per- SEC. 303. There is rescinded from accounts cent foreign business requirements of this (c) CONFORMING AMENDMENTS.— under the heading ‘‘Department of Agri- subparagraph if it is shown to the satisfac- (1) Section 861 of the Internal Revenue culture—Food and Nutrition Service—Spe- tion of the Secretary that at least 80 percent Code of 1986 is amended by striking sub- cial Supplemental Nutrition Program for of the gross income from all sources of such section (c) and by redesignating subsections Women, Infants, and Children (WIC)’’, corporation for the testing period is active (d), (e), and (f) as subsections (c), (d), and (e), $361,825,000, to be derived from unobligated foreign business income. respectively. balances available from amounts placed in ‘‘(ii) ACTIVE FOREIGN BUSINESS INCOME.— (2) Paragraph (9) of section 904(h) of such reserve in title I of division A of Public Law For purposes of clause (i), the term ‘active Code is amended to read as follows: 111–5 (123 Stat. 115). foreign business income’ means gross income ‘‘(9) TREATMENT OF CERTAIN DOMESTIC COR- SEC. 304. Of the funds made available for which— PORATIONS.—In the case of any dividend ‘‘Department of Commerce—National Tele- ‘‘(I) is derived from sources outside the treated as not from sources within the communications and Information Adminis- United States (as determined under this sub- United States under section 861(a)(2)(A), the tration—Broadband Technology Opportuni- chapter), and corporation paying such dividend shall be ties Program’’ in title II of division A of ‘‘(II) is attributable to the active conduct treated for purposes of this subsection as a Public Law 111–5, $302,000,000 are rescinded. of a trade or business in a foreign country or United States-owned foreign corporation.’’. SEC. 305. (a) Of the funds appropriated in possession of the United States. (3) Subsection (c) of section 2104 of such Department of Defense Appropriations Acts, ‘‘(iii) TESTING PERIOD.—For purposes of Code is amended in the last sentence by the following funds are rescinded from the this subsection, the term ‘testing period’ striking ‘‘or to a debt obligation of a domes- following accounts in the specified amounts: means the 3-year period ending with the tic corporation’’ and all that follows and in- ‘‘Shipbuilding and Conversion, Navy, 2006/ close of the taxable year of the corporation serting a period. 2010’’, $107,000,000; ‘‘Aircraft Procurement, Army, 2008/2010’’, preceding the payment (or such part of such (d) EFFECTIVE DATE.— $21,000,000; period as may be applicable). If the corpora- (1) IN GENERAL.—Except as provided in ‘‘Procurement of Weapons and Tracked tion has no gross income for such 3-year pe- paragraph (2), the amendments made by this Combat Vehicles, Army, 2008/2010’’, riod (or part thereof), the testing period section shall apply to taxable years begin- $21,000,000; shall be the taxable year in which the pay- ning after December 31, 2010. ment is made. ‘‘Procurement of Ammunition, Army, 2008/ (2) GRANDFATHER RULE FOR OUTSTANDING ‘‘(iv) TRANSITION RULE.—In the case of a 2010’’, $17,000,000; DEBT OBLIGATIONS.— taxable year for which the testing period in- ‘‘Other Procurement, Army, 2008/2010’’, (A) IN GENERAL.—The amendments made $75,000,000; cludes 1 or more taxable years beginning be- by this section shall not apply to payments ‘‘Weapons Procurement, Navy, 2008/2010’’, fore January 1, 2011— of interest on obligations issued before the ‘‘(I) a corporation meets the 80-percent for- $26,000,000; date of the enactment of this Act. eign business requirements of this subpara- ‘‘Other Procurement, Navy, 2008/2010’’, (B) EXCEPTION FOR RELATED PARTY DEBT.— graph if and only if the weighted average $42,000,000; Subparagraph (A) shall not apply to any in- of— ‘‘Procurement, Marine Corps, 2008/2010’’, terest which is payable to a related person ‘‘(aa) the percentage of the corporation’s $13,000,000; (determined under rules similar to the rules gross income from all sources that is active ‘‘Aircraft Procurement, Air Force, 2008/ of section 954(d)(3)). foreign business income (as defined in sub- 2010’’, $102,000,000; (C) SIGNIFICANT MODIFICATIONS TREATED AS paragraph (B) of section 861(c)(1) (as in effect ‘‘Missile Procurement, Air Force, 2008/ NEW ISSUES.—For purposes of subparagraph before the date of the enactment of this sub- 2010’’, $28,000,000; (A), a significant modification of the terms section)) for the portion of the testing period ‘‘Procurement of Ammunition, Air Force, of any obligation (including any extension of that includes taxable years beginning before 2008/2010’’, $7,000,000; the term of such obligation) shall be treated January 1, 2011, and ‘‘Other Procurement, Air Force, 2008/2010’’, as a new issue. ‘‘(bb) the percentage of the corporation’s $130,000,000; gross income from all sources that is active LIMITATION ON EXTENSION OF STATUTE OF LIMI- ‘‘Procurement, Defense-Wide, 2008/2010’’, foreign business income (as defined in clause TATIONS FOR FAILURE TO NOTIFY SECRETARY $33,000,000; (ii) of this subparagraph) for the portion of OF CERTAIN FOREIGN TRANSFERS ‘‘Research, Development, Test and Evalua- the testing period, if any, that includes tax- tion, Army, 2009/2010’’, $76,000,000; able years beginning on or after January 1, SEC. 218. ‘‘Research, Development, Test and Evalua- 2011, (a) IN GENERAL.—Paragraph (8) of section tion, Navy, 2009/2010’’, $131,000,000; is at least 80 percent, and 6501(c) of the Internal Revenue Code of 1986 is ‘‘Research, Development, Test and Evalua- ‘‘(II) the active foreign business percentage amended— tion, Air Force, 2009/2010’’, $164,000,000; for such taxable year shall equal the weight- (1) by striking ‘‘In the case of any informa- ‘‘Research, Development, Test and Evalua- ed average percentage determined under sub- tion’’ and inserting the following: tion, Defense-Wide, 2009/2010’’, $137,000,000; ‘‘Operation, Test and Evaluation, Defense, clause (I). ‘‘(A) IN GENERAL.—In the case of any infor- ‘‘(2) ACTIVE FOREIGN BUSINESS PERCENT- mation’’; and 2009/2010’’, $1,000,000; AGE.—Except as provided in paragraph (2) by adding at the end the following: ‘‘Operation and Maintenance, Army, 2010’’, $154,000,000; (1)(B)(iv), the term ‘active foreign business ‘‘(B) APPLICATION TO FAILURES DUE TO REA- percentage’ means, with respect to any exist- ‘‘Operation and Maintenance, Navy, 2010’’, SONABLE CAUSE.—If the failure to furnish the ing 80/20 company, the percentage which— information referred to in subparagraph (A) $155,000,000; ‘‘(A) the active foreign business income of is due to reasonable cause and not willful ne- ‘‘Operation and Maintenance, Marine such company for the testing period, is of glect, subparagraph (A) shall apply only to Corps, 2010’’, $25,000,000; ‘‘(B) the gross income of such company for the item or items related to such failure.’’. ‘‘Operation and Maintenance, Air Force, the testing period from all sources. 2010’’, $155,000,000; ‘‘(3) AGGREGATION RULES.—For purposes of (b) EFFECTIVE DATE.—The amendments ‘‘Operation and Maintenance, Defense- applying paragraph (1) (other than subpara- made by this section shall take effect as if Wide, 2010’’, $126,000,000; graphs (A)(i) and (B)(iv) thereof) and para- included in section 513 of the Hiring Incen- ‘‘Operation and Maintenance, Army Re- graph (2)— tives to Restore Employment Act. serve, 2010’’, $12,000,000;

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.055 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6534 CONGRESSIONAL RECORD — SENATE July 29, 2010 ‘‘Operation and Maintenance, Navy Re- division A of Public Law 111–5, $6,820,000 are scinded: Provided, That no funds may be reserve, 2010’’, $6,000,000; rescinded. scinded from amounts that were designated ‘‘Operation and Maintenance, Marine Corps SEC. 313. Of the funds made available for by the Congress as an emergency require- Reserve, 2010’’, $1,000,000; ‘‘Environmental Protection Agency—Haz- ment or as appropriations for overseas de- ‘‘Operation and Maintenance, Air Force ardous Substance Superfund’’ in title VII of ployments and other activities pursuant to a Reserve, 2010’’, $14,000,000; division A of Public Law 111–5, $2,600,000 are concurrent resolution on the budget or the ‘‘Operation and Maintenance, Army Na- rescinded. Balanced Budget and Emergency Deficit tional Guard, 2010’’, $28,000,000; and SEC. 314. Of the funds made available for Control Act of 1985: Provided further, That ‘‘Operation and Maintenance, Air National ‘‘Environmental Protection Agency—Leak- section 3002 shall not apply to the amount in Guard, 2010’’, $27,000,000. ing Underground Storage Tank Trust Fund this section. (b) Section 3002 shall not apply to amounts Program’’ in title VII of division A of Public SEC. 327. Of the unobligated balances avail- in this section. Law 111–5, $9,200,000 are rescinded. able under ‘‘Department of Defense, Military SEC. 306. (a) Of the funds appropriated in SEC. 315. Of the funds made available for Construction, Air Force’’ from prior appro- the American Recovery and Reinvestment transfer in title VII of division A of Public priations Acts, $50,000,000 is rescinded: Pro- Act of 2009 (Public Law 111–5), the following Law 111–5, ‘‘Environmental Protection Agen- vided, That no funds may be rescinded from funds are rescinded from the following ac- cy—Environmental Programs and Manage- amounts that were designated by the Con- counts in the specified amounts: ment’’, $10,000,000 are rescinded. gress as an emergency requirement or as ap- ‘‘Operation and Maintenance, Army, 2009/ SEC. 316. Of the funds made available for propriations for overseas deployments and 2010’’, $113,500,000; ‘‘National Park Service—Construction’’ in other activities pursuant to a concurrent ‘‘Operation and Maintenance, Navy, 2009/ chapter 7 of division B of Public Law 108–324, resolution on the budget or the Balanced 2010’’, $34,000,000; $4,800,000 are rescinded. Budget and Emergency Deficit Control Act ‘‘Operation and Maintenance, Marine SEC. 317. Of the funds made available for of 1985: Provided further, That section 3002 Corps, 2009/2010’’, $7,000,000; ‘‘National Park Service—Construction’’ in shall not apply to the amount in this sec- ‘‘Operation and Maintenance, Air Force, chapter 5 of title II of Public Law 109–234, tion. 2009/2010’’, $61,000,000; $6,400,000 are rescinded. SEC. 328. Of the funds made available for ‘‘Operation and Maintenance, Army Re- SEC. 318. Of the funds made available for the General Operating Expenses account of serve, 2009/2010’’, $3,500,000; ‘‘Fish and Wildlife Service—Construction’’ in the Department of Veterans Affairs in sec- ‘‘Operation and Maintenance, Navy Re- chapter 6 of title I of division B of Public tion 2201(e)(4)(A)(ii) of division B of Public serve, 2009/2010’’, $8,000,000; Law 110–329, $3,000,000 are rescinded. Law 111–5 (123 Stat. 454; 26 U.S.C. 6428 note), ‘‘Operation and Maintenance, Marine Corps SEC. 319. The unobligated balance of funds $6,100,000 are rescinded. Reserve, 2009/2010’’, $1,000,000; appropriated in the Departments of Labor, SEC. 329. Of the amount appropriated or ‘‘Operation and Maintenance, Air Force Health and Human Services, and Education, otherwise made available by title X of divi- Reserve, 2009/2010’’, $2,000,000; and Related Agencies Appropriations Act, sion A of Public Law 111–5, the American Re- ‘‘Operation and Maintenance, Army Na- 1995 (Public Law 103–333; 108 Stat. 2574) under covery and Reinvestment Act of 2009, under tional Guard, 2009/2010’’, $1,000,000; the heading ‘‘Public Health and Social Serv- the heading ‘‘ Departmental Administration, ‘‘Operation and Maintenance, Air National ices Emergency Fund’’ is rescinded. Information Technology Systems’’ $5,000,000 Guard, 2009/2010’’, $2,500,000; and SEC. 320. Of the funds appropriated for the is hereby rescinded. ‘‘Defense Health Program, 2009/2010’’, Commissioner of Social Security under sec- SEC. 330. (a) MILLENNIUM CHALLENGE COR- $27,000,000. tion 2201(e)(2)(B) in title II of division B of PORATION.—Of the unobligated balances (b) Of the funds appropriated in the Supple- Public Law 111–5, $47,000,000 are rescinded. available under the heading ‘‘Millennium mental Appropriations Act, 2008 (Public Law SEC. 321. Of the funds appropriated in part Challenge Corporation’’ in title III of divi- 110–252), the following funds are rescinded VI of subtitle I of title II of division B of sion H of Public Law 111–8 and under such from the following account in the specified Public Law 111–5, $110,000,000 are rescinded, heading in prior Acts making appropriations amount: to be derived only from the amount provided for the Department of State, foreign oper- ‘‘Procurement, Marine Corps, 2009/2011’’, under section 1899K(b) of such title. ations, and related programs, $50,000,000 are $122,000,000. SEC. 322. Of the funds appropriated for ‘‘De- rescinded. SEC. 307. (a) Of the funds appropriated for partment of Education—Education for the (b) CIVILIAN STABILIZATION INITIATIVE.— ‘‘Procurement of Weapons and Tracked Com- Disadvantaged’’ in division D of Public Law (1) DEPARTMENT OF STATE.—Of the unobli- bat Vehicles, Army’’ in title III of division A 111–117, $50,000,000 are rescinded, to be de- gated balances available under the heading of public Law 111–118, $116,000,000 are re- rived only from the amount provided for a ‘‘Department of State—Administration of scinded. comprehensive literacy development and Foreign Affairs—Civilian Stabilization Ini- (b) Of the funds appropriated for ‘‘Other education program under section 1502 of the tiative’’ in prior Acts making appropriations Procurement, Army’’ in title III of division C Elementary and Secondary Education Act of for the Department of State, foreign oper- of Public Law 110–329, $87,000,000 are re- 1965: Provided, That section 3002 of this Act ations, and related programs, $40,000,000 are scinded. shall not apply to this amount. rescinded. (c) Section 3002 shall not apply to amounts SEC. 323. Of the funds appropriated for ‘‘De- (2) UNITED STATES AGENCY FOR INTER- in this section. partment of Education—Student Aid Admin- NATIONAL DEVELOPMENT.—Of the unobligated SEC. 308. (a) There are rescinded the fol- istration’’ in division D of Public Law 111– balances available under the heading lowing amounts from the specified accounts: 117, $82,000,000 are rescinded: Provided, That ‘‘United States Agency for International De- (1) $20,000,000, to be derived from unobli- section 3002 of this Act shall not apply to velopment—Funds Appropriated to the gated balances of funds made available in this amount. President—Civilian Stabilization Initiative’’ prior appropriations Acts under the heading SEC. 324. Of the funds appropriated for ‘‘De- in prior Acts making appropriations for the ‘‘Department of Energy—Nuclear Energy’’. partment of Education—Innovation and Im- Department of State, foreign operations, and (b) Section 3002 shall not apply to amounts provement’’ in division D of Public Law 111– related programs, $30,000,000 are rescinded. in this section. 117, $10,700,000 are rescinded, to be derived (c) Section 3002 shall not apply to the SEC. 309. Of the unobligated balances of only from the amount provided to carry out amounts in this section. funds provided under the heading ‘‘Nuclear subpart 8 of part D of title V of the Elemen- SEC. 331. There are rescinded the following Regulatory Commission’’ in prior appropria- tary and Secondary Education Act of 1965: amounts from the specified accounts: tions Acts, $18,000,000 is permanently re- Provided, That section 3002 of this Act shall (1) ‘‘Department of Transportation—Fed- scinded: Provided, That section 3002 shall not not apply to this amount. eral Aviation Administration—Facilities and apply to the amount in this section. SEC. 325. Of the unobligated balances avail- Equipment’’, $2,182,544, to be derived from SEC. 310. Of the funds made available for able under ‘‘Department of Defense, Military unobligated balances made available under ‘‘Department of Energy—Title 17—Innova- Construction, Army’’ from prior appropria- this heading in Public Law 108–324. tive Technology Loan Guarantee Program’’ tions Acts, $340,000,000 is rescinded: Provided, (2) ‘‘Department of Transportation—Fed- in title III of division A of Public Law 111–5, That no funds may be rescinded from eral Aviation Administration—Facilities and $1,500,000,000 are rescinded. amounts that were designated by the Con- Equipment’’, $5,705,750, to be derived from SEC. 311. There are permanently rescinded gress as an emergency requirement or as ap- unobligated balances made available under from ‘‘General Services Administration— propriations for overseas deployments and this heading in Public Law 109–148. Real Property Activities—Federal Building other activities pursuant to a concurrent SEC. 332. Of the unobligated balances of Fund’’, $75,000,000 from Rental of Space and resolution on the budget or the Balanced funds apportioned to each State under chap- $25,000,000 from Building Operations, to be Budget and Emergency Deficit Control Act ter 1 of title 23, United States Code, derived from unobligated balances that were of 1985: Provided further, That section 3002 $2,200,000,000 are permanently rescinded: Pro- provided in previous appropriations Acts: shall not apply to the amount in this sec- vided, That such rescission shall be distrib- Provided, That section 3002 shall not apply to tion. uted among the States in the same propor- the amount in this section. SEC. 326. Of the unobligated balances avail- tion as the funds subject to such rescission SEC. 312. Of the funds made available for able under ‘‘Department of Defense, Military were apportioned to the States for fiscal ‘‘Bureau of Indian Affairs—Indian Guaran- Construction, Navy and Marine Corps’’ from year 2009: Provided further, That such rescis- teed Loan Program Account’’ in title VII of prior appropriations Acts, $110,000,000 is re- sion shall not apply to the funds distributed

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.055 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6535 in accordance with sections 130(f) and to modernize the air traffic control CONSTRUCTION AND FACILITIES MANAGEMENT 104(b)(5) of title 23, United States Code; sec- system, improve the safety, reliability, For an additional amount for ‘‘Construc- tions 133(d)(1) and 163 of such title, as in ef- and availability of transportation by tion and Facilities Management’’, $9,000,000, fect on the day before the date of enactment air in the United States, provide for to remain available until September 30, 2012, of Public Law 109–59; and the first sentence for costs to construct up to three forward op- of section 133(d)(3)(A) of such title: Provided modernization of the air traffic control system, reauthorize the Federal Avia- erating bases for use by the Border Patrol to further, That notwithstanding section 1132 of carry out enforcement activities on the Public Law 110–140, in administering the re- tion Administration, and for other pur- Southwest Border of the United States. scission required under this heading, the poses; as follows: U.S. IMMIGRATION AND CUSTOMS Secretary of Transportation shall allow each At the end, insert the following: ‘‘and in- ENFORCEMENT State to determine the amount of the re- clude any data on the impact on local school SALARIES AND EXPENSES quired rescission to be drawn from the pro- districts’’. grams to which the rescission applies. For an additional amount for ‘‘Salaries TITLE IV SA 4571. Mr. REID proposed an and Expenses’’, $30,000,000 to remain avail- amendment to amendment SA 4570 pro- able until September 30, 2012, for law en- BUDGETARY PROVISIONS forcement activities targeted at reducing the posed by Mr. REID to the amendment BUDGETARY PROVISIONS threat of violence along the Southwest Bor- SA 4569 proposed by Mr. REID to the SEC. 401. (a) STATUTORY PAYGO.—The budg- der of the United States. bill H.R. 1586, to modernize the air traf- etary effects of this Act, for the purpose of FEDERAL EMERGENCY MANAGEMENT AGENCY complying with the Statutory Pay-As-You- fic control system, improve the safety, STATE AND LOCAL PROGRAMS Go Act of 2010, shall be determined by ref- reliability, and availability of trans- erence to the latest statement titled Budg- portation by air in the United States, For an additional amount for ‘‘State and Local Programs’’, $50,000,000, to remain etary Effects of PAYGO Legislation for this provide for modernization of the air Act, jointly submitted for printing in the available until September 30, 2011, for Oper- traffic control system, reauthorize the ation Stonegarden. Congressional Record by the Chairmen of the Federal Aviation Administration, and FEDERAL LAW ENFORCEMENT TRAINING House and Senate Budget Committees, pro- for other purposes; as follows: vided that such statement has been sub- CENTER mitted prior to the vote on passage in the At the end, insert the following: ‘‘and the SALARIES AND EXPENSES impact on local community’’. House acting first on this conference report For an additional amount for ‘‘Salaries or amendment between the Houses. SA 4572. Mr. MCCAIN (for himself and and Expenses’’, $8,100,000, to remain avail- (b) EXCLUSION FROM PAYGO.— able until September 30, 2011, for costs to Mr. KYL) submitted an amendment in- (1) Savings in this Act that would be sub- provide basic training for new U.S. Customs ject to inclusion in the Statutory Pay-As- tended to be proposed by him to the and Border Protection Officers and Border You-Go scorecards are providing an offset to bill H.R. 5875, making emergency sup- Patrol agents. increased discretionary spending. As such, plemental appropriations for border se- GENERAL PROVISIONS they should not be available on the score- curity for the fiscal year ending Sep- (INCLUDING RESCISSIONS) cards maintained by the Office of Manage- tember 30, 2010, and for other purposes; ment and Budget to provide offsets for future which was ordered to lie on the table; SEC. 101. legislation. For an additional amount for the Depart- (2) The Director of the Office of Manage- as follows: ment of Justice for necessary expenses for ment and Budget shall not include any net Strike all after the enacting clause and in- increased law enforcement activities related savings resulting from the changes in direct sert the following: to Southwest border enforcement, spending or revenues contained in this Act That the following sums are appropriated, $201,000,000, to remain available until Sep- on the scorecards required to be maintained out of any money in the Treasury not other- tember 30, 2012: Provided, That funds shall be by OMB under the Statutory Pay-As-You-Go wise appropriated, for the fiscal year ending distributed to the following accounts and in Act of 2010. September 30, 2010, and for other purposes, the following specified amounts— namely: (1) ‘‘Administrative Review and Appeals’’, SA 4568. Mr. REID proposed an DEPARTMENT OF HOMELAND SECURITY $2,118,000; amendment to amendment SA 4567 pro- U.S. CUSTOMS AND BORDER PROTECTION (2) ‘‘Detention Trustee’’, $7,000,000; (3) ‘‘Legal Activities, Salaries and Ex- posed by Mr. REID (for Mrs. MURRAY SALARIES AND EXPENSES (for herself, Mr. HARKIN, Mr. REID, and penses, General Legal Activities’’, $3,862,000; For an additional amount for ‘‘Salaries (4) ‘‘Legal Activities, Salaries and Ex- Mr. SCHUMER)) to the bill H.R. 1586, to and Expenses’’, $356,900,000, to remain avail- penses, United States Attorneys’’, $9,198,000; modernize the air traffic control sys- able until September 30, 2012, of which (5) ‘‘United States Marshals Service, Sala- tem, improve the safety, reliability, $78,000,000 shall be for costs to maintain U.S. ries and Expenses’’, $29,651,000; and availability of transportation by Customs and Border Protection Officer staff- (6) ‘‘United States Marshals Service, Con- air in the United States, provide for ing on the Southwest Border of the United struction’’, $8,000,000; modernization of the air traffic control States, $58,000,000 shall be for hiring addi- (7) ‘‘Interagency Law Enforcement, Inter- tional U.S. Customs and Border Protection system, reauthorize the Federal Avia- agency Crime and Drug Enforcement’’, Officers for deployment at ports of entry on $21,000,000; tion Administration, and for other pur- the Southwest Border of the United States, poses; as follows: (8) ‘‘Federal Bureau of Investigation, Sala- $208,400,000 shall be for hiring additional Bor- ries and Expenses’’, $25,262,000; At the end of the amendment, insert the der Patrol agents for deployment to the (9) ‘‘Drug Enforcement Administration, following: Southwest Border of the United States, Salaries and Expenses’’, $35,805,000; The provisions of this Act shall become ef- $2,500,000 shall be for forward operating bases (10) ‘‘Bureau of Alcohol, Tobacco, Firearms fective 5 days after enactment. on the Southwest Border of the United and Explosives, Salaries and Expenses’’, States, and $10,000,000 shall be to support in- $39,104,000; and SA 4569. Mr. REID proposed an tegrity and background investigation pro- (11) ‘‘Federal Prison System, Salaries and amendment to the bill H.R. 1586, to grams. Expenses’’, $20,000,000. modernize the air traffic control sys- BORDER SECURITY FENCING, INFRASTRUCTURE, SEC. 102. tem, improve the safety, reliability, AND TECHNOLOGY From unobligated balances made available and availability of transportation by For an additional amount for ‘‘Border Se- to U.S. Customs and Border Protection ‘‘Bor- air in the United States, provide for curity Fencing, Infrastructure, and Tech- der Security Fencing, Infrastructure, and modernization of the air traffic control nology,’’ $14,000,000, to remain available Technology’’, $100,000,000 are rescinded. until September 30, 2012, for costs of design- SEC. 103. system, reauthorize the Federal Avia- ing, building, and deploying tactical commu- tion Administration, and for other pur- Notwithstanding any other provision of nications for support of enforcement activi- law, from available funds, the Department of poses; as follows: ties on the Southwest Border of the United Defense shall pay, in fiscal years 2010 and At the end insert the following: States. 2011, the full costs associated with the de- The Appropriations Committee is re- AIR AND MARINE INTERDICTION, OPERATIONS, ployment of the National Guard along the quested to study the impact of any delay in MAINTENANCE, AND PROCUREMENT Southwest Border of the United States. providing funding to educators across the For an additional amount for ‘‘Air and Ma- SEC. 104. USE OF STIMULUS FUNDS TO OFFSET country. rine Interdiction, Operations, Maintenance, COSTS OF BORDER SECURITY. and Procurement’’, $32,000,000, to remain (a) IN GENERAL.—The unobligated balance SA 4570. Mr. REID proposed an available until September 30, 2012, for costs of each amount appropriated or made avail- amendment to amendment SA 4569 proof acquisition and deployment of unmanned able under the American Recovery and Rein- posed by Mr. REID to the bill H.R. 1586, aircraft systems. vestment Act of 2009 (Public Law 111–5)

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(other than under title X of division A of COMMITTEE ON THE JUDICIARY for marketing controlled substances to mi- such Act) is rescinded on a pro rata basis so Mr. REID. Mr. President, I ask unan- nors. that the aggregate amount of such rescis- imous consent that the Committee on There being no objection, the Senate sions is equal to the net reduction in reve- the Judiciary be authorized to meet, proceeded to consider the bill, which nues to the Treasury resulting from amounts appropriated under this Act, after factoring during the session of the Senate, on had been reported from the Committee in the rescission under section 102. July 29, 2010, at 10 a.m. in SD–226 of the on the Judiciary, with an amendment (b) REPORT.—The Director of the Office of Dirksen Senate Office Building, to con- to strike all after the enacting clause Management and Budget shall report to each duct an executive business meeting. and insert in lieu thereof the following: congressional committee the amounts so re- The PRESIDING OFFICER. Without SECTION 1. SHORT TITLE. scinded within the jurisdiction of such com- objection, it is so ordered. This Act may be cited as the ‘‘Saving Kids mittee. COMMITTEE ON THE JUDICIARY From Dangerous Drugs Act of 2010’’. This Act may be cited as the ‘‘Emergency Mr. REID. Mr. President, I ask unan- SEC. 2. OFFENSES INVOLVING CONTROLLED SUB- Border Security Supplemental Appropria- STANCES MARKETED TO MINORS. tions Act, 2010’’. imous consent that the Committee on the Judiciary, Subcommittee on Ter- Section 401 of the Controlled Substances Act f (21 U.S.C. 841) is amended by adding at the end rorism and Homeland Security, be au- the following: AUTHORITY FOR COMMITTEES TO thorized to meet, during the session of ‘‘(h) OFFENSES INVOLVING CONTROLLED SUB- MEET the Senate, on July 29, 2010, at 2:30 STANCES MARKETED TO MINORS.— p.m., in room SD–226 of the Dirksen ‘‘(1) UNLAWFUL ACTS.—Except as authorized COMMITTEE ON ARMED SERVICES Senate Office Building, to conduct a under this title, including paragraph (3), it shall Mr. REID. Mr. President, I ask unan- hearing entitled ‘‘The Passport be unlawful for any person at least 18 years of imous consent that the Committee on Issuance Process: Closing the Door to age to knowingly or intentionally manufacture Armed Services be authorized to meet Fraud, Part II.’’ or create, with intent to manufacture, create, during the session of the Senate on distribute, or dispense, a controlled substance The PRESIDING OFFICER. Without listed in schedule I or II that is— July 29, 2010, at 9:30 a.m. objection, it is so ordered. The PRESIDING OFFICER. Without ‘‘(A) combined with a candy product; AD HOC SUBCOMMITTEE ON CONTRACTING ‘‘(B) marketed or packaged to appear similar objection, it is so ordered. OVERSIGHT to a candy product; and COMMITTEE ON ARMED SERVICES Mr. REID. Mr. President, I ask unan- ‘‘(C) modified by flavoring or coloring the con- Mr. REID. Mr. President, I ask unanimous consent that the Ad Hoc Sub- trolled substance with the intent to distribute, imous consent that the Committee on committee on Contracting Oversight of dispense, or sell the controlled substance to a Armed Services be authorized to meet the Committee on Homeland Security person under 18 years of age. during the session of the Senate on ‘‘(2) PENALTIES.—Except as provided in sec- and Governmental Affairs be author- tion 418, 419, or 420, any person who violates July 29, 2010, at 3 p,n, ized to meet during the session of the paragraph (1) of this subsection shall be subject The PRESIDING OFFICER. Without Senate on July 29, 2010, at 10 a.m. to to— objection, it is so ordered. conduct a hearing entitled, ‘‘Mis- ‘‘(A) 2 times the maximum punishment and at COMMITTEE ON FINANCE management of Contracts at Arlington least 2 times any term of supervised release au- Mr. REID. Mr. President, I ask unan- National Cemetery.’’ thorized by subsection (b) of this section for a imous consent that the Committee on The PRESIDING OFFICER. Without first offense involving the same controlled sub- objection, it is so ordered. stance and schedule; and Finance be authorized to meet during ‘‘(B) 3 times the maximum punishment and at the session of the Senate on July 29, SELECT COMMITTEE ON INTELLIGENCE least 3 times any term of supervised release au- 2010, at 10 a.m., in room 215 of the Dirk- Mr. REID. Mr. President, I ask unan- thorized by subsection (b) of this section for a sen Senate Office Building. imous consent that the Select Com- second or subsequent offense involving the same The PRESIDING OFFICER. Without mittee on Intelligence by authorized to controlled substance and schedule. objection, it is so ordered. meet during the session of the Senate ‘‘(3) EXCEPTIONS.—Paragraph (1) shall not apply to any controlled substance that— COMMITTEE ON HEALTH, EDUCATION, LABOR, on July 29, 2010, at 2 p.m. ‘‘(A) has been approved by the Secretary AND PENSIONS The PRESIDING OFFICER. Without under section 505 of the Federal Food, Drug, Mr. REID. Mr. President, I ask unan- objection, it is so ordered. and Cosmetic Act (21 U.S.C. 355), if the con- imous consent that the Committee on SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT tents, marketing, and packaging of the con- Health, Education, Labor, and Pen- MANAGEMENT, THE FEDERAL WORKFORCE, trolled substance have not been altered from the sions be authorized to meet during the AND THE DISTRICT OF COLUMBIA form approved by the Secretary; or session of the Senate on July 29, 2010 in Mr. REID. Mr. President, I ask unan- ‘‘(B) has been altered at the direction of a the President’s Room. imous consent that the Committee on practitioner who is acting for a legitimate med- Homeland Security and Governmental ical purpose in the usual course of professional The PRESIDING OFFICER. Without practice.’’. objection, it is so ordered. Affairs’ Subcommittee on Oversight of Government Management, the Federal SEC. 3. SENTENCING GUIDELINES. COMMITTEE ON HEALTH, EDUCATION, LABOR, Forkforce, and the District of Colum- Pursuant to its authority under section 994 of AND PENSIONS title 28, United States Code, and in accordance Mr. REID. Mr. President, I ask unan- bia be authorized to meet during the with this section, the United States Sentencing imous consent that the Committee on session of the Senate on July 29, 2010, Commission shall review and amend the Federal Health, Education, Labor, and Pen- at 2:30 p.m. to conduct a hearing enti- sentencing guidelines and policy statements to sions be authorized to meet, during the tled ‘‘Closing the Language Gap: Im- ensure that the guidelines provide an appro- session of the Senate, to conduct a proving the Federal Government’s For- priate additional penalty increase of up to 3 of- eign Language Capabilities.’’ fense levels above the sentence otherwise appli- hearing entitled ‘‘The State of the cable in Part D of the Guidelines Manual if the American Child: The Impact of Federal The PRESIDING OFFICER. Without objection, it is so ordered. defendant was convicted of a violation of sec- Policies on Children’’ on July 29, 2010. tion 401(h) of the Controlled Substances Act, as The hearing will commence at 10 a.m. f added by section 2 of this Act. in room 430 of the Dirksen Senate Of- SAVING KIDS FROM DANGEROUS Ms. LANDRIEU. Mr. President, I ask fice Building. DRUGS ACT OF 2010 unanimous consent that the com- The PRESIDING OFFICER. Without Ms. LANDRIEU. Mr. President, I ask mittee-reported substitute be agreed objection, it is so ordered. unanimous consent that the Senate to, the bill, as amended, be read the COMMITTEE ON INDIAN AFFAIRS proceed to the immediate consider- third time and passed, the motions to Mr. REID. Mr. President, I ask unan- ation of Calendar No. 477, S. 258. reconsider be laid upon the table, with imous consent that the Committee on The PRESIDING OFFICER. Without no intervening action or debate, and Indian Affairs be authorized to meet, objection, it is so ordered. any statement related to the bill be during the session of the Senate, on The clerk will state the bill by title. printed in the RECORD. July 29, 2010, at 9:30 a.m. in room 628 of The assistant legislative clerk read The PRESIDING OFFICER. Without the Dirksen Senate Office Building. as follows: objection, it is so ordered. The PRESIDING OFFICER. Without A bill (S. 258) to amend the Controlled Sub- The committee amendment in the objection, it is so ordered. stances Act to provide enhanced penalties nature of a substitute was agreed to.

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.058 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6537 The bill (S. 258), as amended, was or- (B) PROCEEDS NOT TO BE OFFSET.—In accord- friendly Government. It protects intel- dered to be engrossed for a third read- ance with section 416(d)(4) of such title 39, lectual property in the United States ing, was read the third time, and amounts becoming available from the sale of the and encourages invention, innovation, passed. Multinational Species Conservation Funds and investment. New patents boost Semipostal Stamp (as so determined) shall not be f taken into account in any decision relating to America’s competitiveness, increase the level of appropriations or other Federal productivity, bring new products and MULTINATIONAL SPECIES CON- funding to be furnished in any year to— services to market, support entre- SERVATION FUNDS SEMIPOSTAL (i) the United States Fish and Wildlife Serv- preneurs and small businesses, and, STAMP ACT OF 2009 ice; or most importantly, help to create new (ii) any of the funds identified in subpara- Ms. LANDRIEU. Mr. President, I ask jobs. graph (A). As chairwoman of the Commerce, unanimous consent that the Senate (2) DURATION.—The Multinational Species proceed to the immediate consider- Conservation Funds Semipostal Stamp shall be Justice, Science Appropriations Sub- ation of Calendar No. 486, H.R. 1454. made available to the public for a period of at committee that funds the Patent and The PRESIDING OFFICER. Without least 2 years, beginning no later than 12 months Trademark Office, I have been critical objection, it is so ordered. after the date of the enactment of this Act. of this agency’s performance. The Pat- The clerk will state the bill by title. (3) LIMITATION.—The Multinational Species ent and Trademark Office has strug- Conservation Funds Semipostal Stamp shall not gled for years to reduce patent pend- The assistant legislative clerk read be subject to, or taken into account for purposes as follows: ency and tackle the overall patent of applying, any limitation under section backlog. I have heard from inventors A bill (H.R. 1454) to provide for the 416(e)(1)(C) of such title 39. issuance of a Multinational Species Con- (4) RESTRICTION ON USE OF FUNDS.—Amounts and businesses about how long it takes servation Fund Semipostal Stamp. transferred under paragraph (1) shall not be the Patent and Trademark Office to There being no objection, the Senate used to fund or support the Wildlife Without protect their ideas. Borders Program or to supplement funds made I have also heard from Patent em- proceeded to consider the bill, which available for the Neotropical Migratory Bird ployees about their unrealistic job per- had been reported from the Committee Conservation Fund. formance standards which have led to on Homeland Security and Govern- (d) DEFINITION.—For purposes of this Act, the high turnover of patent examiners. Nu- mental Affairs, with an amendment to term ‘‘semipostal stamp’’ refers to a stamp de- merous reviews conducted by the Gov- strike all after the enacting clause and scribed in section 416(a)(1) of title 39, United ernment Accountability Office showed insert in lieu thereof the following: States Code. that for every two examiners hired one SECTION 1. SHORT TITLE. Ms. LANDRIEU. Mr. President, I ask unanimous consent that the com- leaves the agency. This Act may be cited as the ‘‘Multinational But the good news is that Patent and Species Conservation Funds Semipostal Stamp mittee-reported substitute amendment Trademark Office has new direction, Act of 2010’’. be agreed to, the bill, as amended, be and within the past year, the agency SEC. 2. MULTINATIONAL SPECIES CONSERVATION read the third time and passed, the mo- has made some very positive changes. FUNDS SEMIPOSTAL STAMP. tions to reconsider be laid upon the Thanks to Director Kappos, employee (a) IN GENERAL.—In order to afford a conven- table, without any intervening action ient way for members of the public to contribute management has been reformed, mean- or debate, and that any statements re- to funding for the operations supported by the ing more patent examiners are staying lated to the bill be printed in the Multinational Species Conservation Funds, the and working. The Patent and Trade- RECORD. United States Postal Service shall issue a mark Office has also created a better The PRESIDING OFFICER. Without semipostal stamp (hereinafter in this Act re- strategy for approving patents quicker ferred to as the ‘‘Multinational Species Con- objection, it is so ordered. servation Funds Semipostal Stamp’’) in accord- The committee amendment in the and reducing the patent backlog. We ance with succeeding provisions of this section. nature of a substitute was agreed to. are finally seeing the Patent and (b) COST AND USE.— The bill (H.R. 1454), as amended, was Trademark Office make strides in the (1) IN GENERAL.—The Multinational Species ordered to be engrossed for a third right direction, and I want to support Conservation Funds Semipostal Stamp shall be reading, was read the third time, and this momentum. offered at a cost equal to the cost of mailing a passed. This year, the Patent and Trademark letter weighing 1 ounce or less at the nonauto- Office will collect $129 million more mation single-piece first-ounce letter rate, in ef- f fees than originally expected. These fect at the time of purchase, plus a differential UNITED STATES PATENT AND extra funds mean that Patent and of not less than 15 percent. TRADEMARK OFFICES SUPPLE- (2) VOLUNTARY USE.—The use of any Trademark Office has the potential to semipostal issued under this section shall be vol- MENTAL APPROPRIATIONS ACT, further reduce the backlog even faster. untary on the part of postal patrons. 2010 H.R. 5874 allows the Patent and Trade- (3) SPECIAL RATE.—The special rate of postage Ms. LANDRIEU. Mr. President, I ask mark Office to spend this additional of an individual stamp under this section shall unanimous consent that the Senate revenue. This amendment is fully off- be an amount that is evenly divisible by 5. proceed to the immediate consider- set by rescinding unused funds from (c) OTHER TERMS AND CONDITIONS.—The ation of H.R. 5874, received from the the 2010 census. issuance and sale of the Multinational Species This bill has the same goals as an Conservation Funds Semipostal Stamp shall be House and is at the desk. governed by the provisions of section 416 of title The PRESIDING OFFICER. The amendment I offered this week to H.R. 39, United States Code, and regulations issued clerk will report the bill by title. 5297, the small business bill, because under such section, subject to subsection (b) and The assistant legislative clerk read improving patent protection is critical the following: as follows: to helping innovative small businesses (1) DISPOSITION OF PROCEEDS.— A bill (H.R. 5874) making supplemental ap- grow. This bill also mirrors the Presi- (A) IN GENERAL.—All amounts becoming avail- propriations for the United States Patent dent’s request he sent Congress on July able from the sale of the Multinational Species and Trademark Office for the fiscal year end- 12, 2010, asking for these exact funds Conservation Funds Semipostal Stamp (as deter- ing September 30, 2010, and for other pur- for the Patent and Trademark Office, mined under section 416(d) of such title 39) shall poses. be transferred to the United States Fish and offset by the rescission from the Cen- Wildlife Service, for the purpose described in There being no objection, the Senate sus. subsection (a), through payments which shall be proceeded to consider the bill. I urge my colleagues to support H.R. made at least twice a year, with the proceeds to Ms. MIKULSKI. Mr, President, I sup- 5874, the U.S. Patent and Trademark be divided equally among the African Elephant port H.R. 5874, the U.S. Patent and Office Supplemental Appropriations Conservation Fund, the Asian Elephant Con- Trademark Office Supplemental Appro- Act of 2010. The Patent and Trademark servation Fund, the Great Ape Conservation priations Act of 2010. This bill gives the Office needs to get back on track, and Fund, the Marine Turtle Conservation Fund, Patent and Trademark Office addi- funding within this bill ensures the the Rhinoceros and Tiger Conservation Fund, Patent and Trademark Office has the and other international wildlife conservation tional funding to tackle the patent funds authorized by the Congress after the date backlog, helping innovative businesses resources it needs to process applica- of the enactment of this Act and administered protect new ideas faster. tions in a reasonable time and keep by the Service as part of the Multinational Spe- The Patent and Trademark Office is critical examiners on board to continue cies Conservation Fund. the central hub of an innovation issuing patents. By supporting this

VerDate Mar 15 2010 04:06 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.083 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE S6538 CONGRESSIONAL RECORD — SENATE July 29, 2010 bill, we can give American businesses be agreed to, the preamble be agreed Whereas thousands of volunteers through- and inventors a helping hand to stay to, the motions to reconsider be laid out the United States are dedicated to ex- innovative. upon the table, with no intervening ac- panding essential research, fostering public Mr. LEAHY. Mr. President, I am tion or debate, and that any state- awareness and understanding, educating pa- ments relating to the resolution be tients and their families about polycystic pleased that the Senate has acted kidney disease to improve treatment and quickly and in a bipartisan way to en- printed in the RECORD. care, providing appropriate moral support, sure that fees collected by United The PRESIDING OFFICER. Without and encouraging people to become organ do- States Patent and Trademark Office, objection, it is so ordered. nors: Now, therefore, be it USPTO, are not diverted for other pur- The resolution (S. Res. 592) was Resolved, That the Senate— poses this fiscal year. agreed to. (1) designates the week of September 13–19, The Director of the USPTO has done The preamble was agreed to. 2010, as ‘‘Polycystic Kidney Disease Aware- The resolution, with its preamble, a remarkable job in his short tenure ness Week’’; reads as follows: (2) supports the goals and ideals of a na- dealing with a massive backload of pat- S. RES. 592 tional week to raise public awareness and ent applications and a serious budget understanding of polycystic kidney disease; shortfall. The action that Congress has Whereas polycystic kidney disease (known as ‘‘PKD’’) is one of the most prevalent life- (3) recognizes the need for additional re- taken today will at least provide short threatening genetic diseases in the world, af- search into a treatment and a cure for poly- term financial help to the agency by fecting an estimated 600,000 people in the cystic kidney disease; and ensuring that the USPTO is not penal- United States, including newborn babies, (4) encourages the people of the United ized for having done more work this children, and adults, regardless of sex, age, States and interested groups to— fiscal year than it had anticipated. race, geography, income, or ethnicity; (A) support Polycystic Kidney Disease Whereas polycystic kidney disease comes Awareness Week through appropriate cere- More needs to be done to modernize monies and activities; and improve our patent system, which in 2 forms, autosomal dominant, which affects 1 in 500 people worldwide, and (B) promote public awareness of polycystic is a crucial component of our economic autosomal recessive, a rare form that affects kidney disease; and recovery. Bipartisan patent reform leg- 1 in 20,000 live births and frequently leads to (C) foster understanding of the impact of islation is ready for Senate action. early death; the disease on patients and their families. This bill will provide the legal struc- Whereas polycystic kidney disease causes f ture we need to allow our inventors to multiple cysts to form on both kidneys, leading to an increase in kidney size and weight; AUTHORIZING TESTIMONY OF flourish. It will improve our economy SENATE EMPLOYEES and create jobs without adding a penny Whereas the cysts caused by polycystic kidney disease can be as small as the head of Ms. LANDRIEU. Mr. President, I ask to the deficit. a pin or as large as a grapefruit; While I strongly support the action unanimous consent that the Senate Whereas polycystic kidney disease is a sys- proceed to the immediate consider- the Senate has taken today, we cannot temic disease that damages the kidneys and fix our overburdened and outdated pat- the cardiovascular, endocrine, hepatic, and ation of S. Res. 601, submitted earlier ent system simply through additional gastrointestinal systems; today. appropriations. Congress must act on Whereas patients with polycystic kidney The PRESIDING OFFICER. The meaningful patent reform legislation disease often experience no symptoms during clerk will report the resolution by this year. the early stages of the disease, and many pa- title. tients do not realize they have PKD until the Ms. LANDRIEU. Mr. President, I ask The assistant legislative clerk read disease affects other organs; as follows: unanimous consent that the bill be Whereas the symptoms of polycystic kid- read three times, passed, and the money disease can include high blood pressure, A resolution (S. Res. 601) to authorize tes- tion to reconsider be laid upon the chronic pain in the back, sides or abdomen, timony of Senate employees in a grand jury table, and that any statements relating blood in the urine, urinary tract infections, proceeding in the District of Columbia. to the measure be printed in the heart disease, and kidney stones; There being no objection, the Senate Whereas polycystic kidney disease is the RECORD, without further intervening proceeded to consider the resolution. leading genetic cause of kidney failure in the action or debate. Mr. REID. Mr. President, this resolu- United States; tion would authorize employees in the The PRESIDING OFFICER. Without Whereas more than half of patients suf- objection, it is so ordered. fering from polycystic kidney disease will office of Senator JOHN ENSIGN to re- The bill (H.R. 5874) was ordered to a reach kidney failure, requiring dialysis or a spond to subpoenas or requests for tes- third reading, was read the third time, kidney transplant to survive, thus placing an timony by a Federal grand jury con- and passed. extra strain on dialysis and kidney trans- vened in the District of Columbia to in- plantation resources; vestigate matters relating to Senator f Whereas polycystic kidney disease has no ENSIGN. The Senator would like to co- POLYCYSTIC KIDNEY DISEASE treatment or cure; operate with this request. This resolu- AWARENESS WEEK Whereas polycystic kidney disease instills tion would authorize the Senator’s in patients the fear of an unknown future Ms. LANDRIEU. Mr. President, I ask with a life-threatening genetic disease, and staff to testify in these or related pro- unanimous consent that the Judiciary of possible genetic discrimination; ceedings, except where a privilege Committee be discharged from further Whereas polycystic kidney disease is an ex- should be asserted. consideration of S. Res. 592, and the ample of how collaboration, technological Ms. LANDRIEU. Mr. President, I ask Senate proceed to its immediate con- innovation, scientific momentum, and pub- unanimous consent that the resolution lic-private partnerships can— sideration. be agreed to, the preamble be agreed (1) generate therapeutic interventions that to, the motions to reconsider be laid The PRESIDING OFFICER. Without directly benefit the people suffering from objection, it is so ordered. The clerk polycystic kidney disease; upon the table, with no intervening ac- will report the resolution by title. (2) save billions of Federal dollars paid by tion or debate, and that any state- The assistant legislative clerk read Medicare, Medicaid, and other programs for ments relating to the resolution be as follows: dialysis, kidney transplants, printed in the RECORD. immunosuppressant drugs, and related The PRESIDING OFFICER. Without A resolution (S. Res. 592) designating the therapies; and objection, it is so ordered. week of September 13–19, 2010, as ‘‘Polycystic (3) open several thousand spots on the kid- Kidney Disease Awareness Week,’’ and sup- ney transplant waiting list; The resolution (S. Res. 601) was porting the goals and ideals of Polycystic Whereas improvements in diagnostic tech- agreed to. Kidney Disease Awareness Week to raise nology and the expansion of scientific The preamble was agreed to. awareness and understanding of polycystic knowledge about polycystic kidney disease The resolution, with its preamble, kidney disease and the impact the disease have led to— reads as follows: has on patients now and for future genera- (1) the discovery of the 3 primary genes S. RES. 601 tions until it can be cured. that cause polycystic kidney disease and the 3 primary protein products of the genes; and Whereas, in a proceeding before a grand There being no objection, the Senate (2) the understanding of cell structures and jury of the United States District Court for proceeded to consider the resolution. signaling pathways that cause cyst growth, the District of Columbia testimony has been Ms. LANDRIEU. Mr. President, I ask which has produced multiple polycystic kid- sought from employees of the office of Sen- unanimous consent that the resolution ney disease clinical drug trials; and ator John Ensign;

VerDate Mar 15 2010 05:17 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.086 S29JYPT1 rfrederick on DSKDVH8Z91PROD with SENATE July 29, 2010 CONGRESSIONAL RECORD — SENATE S6539 Whereas, by the privileges of the Senate of EXECUTIVE SESSION leaders be reserved for their use later the United States and Rule XI of the stand- in the day; that following any leader ing Rules of the Senate, no evidence under remarks, the Senate proceed to a pe- the control or in the possession of the Senate EXECUTIVE CALENDAR may, by the judicial process, be taken from riod of morning business, with Sen- such control or possession but by permission Ms. LANDRIEU. Mr. President, I ask ators permitted to speak therein for up of the Senate; unanimous consent that the Senate to 10 minutes each. Whereas, when it appears that evidence proceed to executive session to con- The PRESIDING OFFICER. Without under the control or in the possession of the sider Calendar No. 1000, the nomination objection, it is so ordered. Senate may promote the administration of justice, the Senate will take such action as of RADM Sandra L. Stosz to serve as will promote the ends of justice consistent Director of the Coast Guard Reserve; f with the privileges of the Senate, now, there- that the nomination be confirmed and fore be it the motion to reconsider be made and PROGRAM Resolved, That current or former employees laid upon the table; that upon con- Ms. LANDRIEU. Mr. President, there of Senator John Ensign’s office are author- firmation, the President be imme- ized to testify in the grand jury proceeding will be no rollcall votes during Friday’s or any related proceeding, except concerning diately notified of the Senate’s action, session of the Senate. Senators should matters for which a privilege should be as- any statements relating to the nomina- expect the next vote between 5:30 and serted. tion be printed in the RECORD, and the 5:45 p.m. on Monday, August 2. f Senate then resume legislative session. The PRESIDING OFFICER. Without f ADJOURNMENT OF THE HOUSE OF objection, it is so ordered. REPRESENTATIVES The nomination considered and con- Ms. LANDRIEU. Mr. President, I ask firmed is as follows: ADJOURNMENT UNTIL 10 A.M. TOMORROW unanimous consent that the Senate COAST GUARD proceed to the immediate consider- The following named officer for appoint- Ms. LANDRIEU. If there is no further ation of H. Con. Res. 308, the adjournment to serve as the Director of the Coast business to come before the Senate, I ment resolution, received from the Guard Reserve pursuant to Title 14, U.S.C., ask unanimous consent that it adjourn House and at the desk. section 53 in the grade indicated: under the previous order. The PRESIDING OFFICER. The To be rear admiral lower half There being no objection, the Senate, clerk will report the concurrent resolu- Rear Adm. (lh) Sandra L. Stosz at 7:58 p.m., adjourned until Friday, tion by title. July 30, 2010, at 10 a.m. The assistant legislative clerk read f as follows: LEGISLATIVE SESSION f A concurrent resolution (H. Con. Res. 308) providing for conditional adjournment of the The PRESIDING OFFICER. Under House of Representatives. the previous order, the Senate will re- CONFIRMATION There being no objection, the Senate turn to legislative session. Executive nomination confirmed by proceeded to consider the concurrent f the Senate, Thursday, July 29, 2010: resolution. ORDERS FOR FRIDAY, JULY 30, 2010 IN THE COAST GUARD Ms. LANDRIEU. Mr. President, I ask Ms. LANDRIEU. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent that the concur- TO SERVE AS THE DIRECTOR OF THE COAST GUARD RE- rent resolution be agreed to and the unanimous consent that when the Sen- SERVE PURSUANT TO TITLE 14, U.S.C., SECTION 53 IN THE motion to reconsider be laid upon the ate completes its business today, it ad- GRADE INDICATED: table. journ until 10 a.m. on Friday, July 30; To be rear admiral lower half The PRESIDING OFFICER. Without that following the prayer and the REAR ADM. (LH) SANDRA L. STOSZ objection, it is so ordered. pledge, the Journal of proceedings be THE ABOVE NOMINATION WAS APPROVED SUBJECT TO approved to date, the morning hour be THE NOMINEE’S COMMITMENT TO RESPOND TO RE- The concurrent resolution (H. Con. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Res. 308) was agreed to. deemed expired, the time for the two CONSTITUTED COMMITTEE OF THE SENATE.

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HONORING RUSSELL VOUGHT Conference, I wish him continued success as propriations bill. This legislation continues the he begins a new chapter in his professional goal set by the Republican majority to HON. MIKE PENCE life. prioritize veteran programs. H.R. 5822 pro- OF INDIANA f vides $56.8 billion in discretionary funding for IN THE HOUSE OF REPRESENTATIVES the VA and $64.0 billion for mandatory VA TRIBUTE TO AMYRA FAISAL programs. The legislation also makes avail- Thursday, July 29, 2010 able $37.1 billion to improve access to med- Mr. PENCE. Madam Speaker, I rise to pay HON. TOM LATHAM ical services for all veterans, $2.4 billion above tribute to Russell Vought, currently the policy OF IOWA last year’s level. director for the House Republican Conference, IN THE HOUSE OF REPRESENTATIVES Among some of its most significant provi- who will leave the House after more than Thursday, July 29, 2010 sions, H.R. 5822 provides $50.6 billion in ad- twelve years of service. Losing such a com- vance appropriations for VA medical accounts mitted conservative and long-serving congres- Mr. LATHAM. Madam Speaker, I rise today to ensure stable and uninterrupted services. It sional staff member is a bittersweet moment to recognize Amyra Faisal of Ames, Iowa on also provides new family caregiver benefits for for many House Republican Members, staff, the occasion of being named the 2010 Iowa disabled veterans as well as additional VA and the conservative cause here on Capitol Shrine Bowl Queen. workers to address the continuing claims Hill. Amyra enjoys makeup, animals, hula- backlogs and to process new educational ben- It is written in the Good Book, ‘‘Do your best hooping and figure skating. Despite being an efits. To address the needs of rural veterans, to present yourself to God as one approved, active eight year old, Amyra has a degenera- the legislation provides $250 million for inno- a workman who does not need to be ashamed tive bone condition called osteogenesis vative practices to improve access to care for and who correctly handles the word of truth.’’ imperfecta, which results in brittle bones. She veterans in rural areas. This is particularly im- Russell Vought embodies these words. has been treated by the Shriners Hospital in portant to many Kansas veterans. A native of Trumbull, Connecticut, Russell Montreal, Canada since she was born. Amyra In addition to supporting this legislation, I Thurlow Vought is the youngest of seven chil- is able live an active life due to the donations applaud the work of all the Veteran Service dren and a die-hard Yankees fan. The son of of the Za-Ga-Zig Shrine in Altoona, Iowa. The Organizations (VSOs) who contributed to the an electrician and a schoolteacher, he grad- Za-Ga-Zig Shrine pays for around 80 percent bill. From the Veterans of Foreign Wars to the uated from Wheaton College in Illinois in 1998 of the costs related to travelling and staying American Legion, VSOs provide the appropria- with a bachelor’s degree in history and polit- near the Montreal hospital. Since Amyra is a tions committee invaluable information on the ical science. He came to Capitol Hill soon longtime Shriner patient, she was chosen to needs of the veteran community. They are tre- thereafter. be the 2010 Iowa Shrine Bowl Queen. By mendous advocates for all veterans. Mr. Vought began his career in public policy being the Shrine Bowl queen, she will be par- H.R. 5822 is a good bill worthy of strong bi- in the United States Senate. He first worked ticipating in the parade and will be recognized partisan support. I encourage my colleagues under retiring Senator Dan Coats of Indiana at the football game. I have been informed to join with me in voting for this legislation. and soon moved to the staff of Senator Phil that Amyra has already been practicing her f Gramm of Texas. During that time, he com- parade wave and has picked out a white dress to wear. TRIBUTE TO GERALD WILLIAM pleted a Doctor of Jurisprudence degree at BEARD George Washington University Law School. I congratulate Amyra on being named the Mr. Vought later joined the staff of Rep- 2010 Iowa Shrine Bowl queen. I am honored resentative JEB HENSARLING of Texas, where to represent Amyra and her family in Con- HON. GARY G. MILLER he was instrumental in helping craft the Family gress and wish her the best in the future. OF CALIFORNIA Budget Protection Act, a comprehensive piece f IN THE HOUSE OF REPRESENTATIVES of legislation to reform the federal budget MILITARY CONSTRUCTION AND Thursday, July 29, 2010 process and limit government spending. VETERANS AFFAIRS AND RE- Mr. GARY G. MILLER of California. Madam I became acquainted with Mr. Vought when LATED AGENCIES APPROPRIA- Speaker, I rise today to pay tribute to Mr. Ger- I was privileged to serve as the chairman of TIONS ACT, 2011 ald William Beard, a small business pioneer the Republican Study Committee during the who helped shape the history and economy of 109th Congress. He was the policy director SPEECH OF San Bernardino County, California. and later served as the executive director of In 1973, San Bernardino County wasn’t that conservative caucus. HON. TODD TIAHRT much more than tumbleweeds, sleepy farm After being elected Republican Conference OF KANSAS towns and seemly endless, desolate highways Chairman last year, I asked Mr. Vought to join IN THE HOUSE OF REPRESENTATIVES that connected Los Angeles to the rest of the the Conference staff at the start of the 111th Wednesday, July 28, 2010 country. To the causal observer at the time, Congress. As Policy Director, he has superbly The House in Committee of the Whole much of this vast track of arid land could be led the Conference policy team, which serves House on the State of the Union had under considered inhospitable and worthless. as the main hub of legislative information for consideration the bill (H.R. 5822) making ap- But Mr. Beard saw something different when Republican Members and their staff. His ex- propriations for military construction, the he arrived. He understood the economic po- pertise in areas such as the federal budget, Department of Veterans Affairs, and related tential San Bernardino County had to offer as appropriations, entitlements and legislative agencies for the fiscal year ending Sep- the gateway to Southern California and the procedure have been invaluable in promoting tember 30, 2011, and for other purposes: Pacific Ocean. He knew this inexpensive conservative solutions to the issues that face Mr. TIAHRT. Madam Chair, we have a land—nestled along the snow covered caps of our nation. moral obligation to fully fund our veteran pro- the San Bernardino Mountains—was a great As Members of Congress, we are constantly grams. The liberties we enjoy today were opportunity for countless families to realize the reminded of the important role played by reli- earned through the bravery and sacrifice of American dream of homeownership. able, like-minded staff members like Russell patriotic Americans. Congress must ensure So in 1973, Mr. Beard founded Gerald W. Vought. While we are sorry to lose one of the that these honorable men and women have Beard Realty, Incorporated and with it pinned strongest advocates for the principles that access to benefits and top-notch healthcare. his own hopes and dreams on changing this guide us, Mr. Vought’s infectious passion for We can never turn our back on our veterans. forgotten, barren land into the economic pow- the principles of life, liberty and limited govern- As such, I am pleased to support H.R. erhouse and success it is today. ment will long outlive his tenure here on Cap- 5822, the Fiscal Year (FY) 2011 Military Con- Because of Mr. Beard’s hard work and true itol Hill. On behalf of the House Republican struction/Department of Veterans Affairs Ap- American entrepreneurial spirit, thousands of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.001 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1466 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 homeowners and business owners have bene- tion enforcement law include an important mark Golden Gate Bridge and two public tran- fited. And this once mostly desert land has declaration by Harvard Economics Professor sit systems, including a network of almost 200 given way to a vibrant community and a place George Borjas. buses and five ferries serving the North Bay millions call home. In his analysis of interstate wage trends Area and San Francisco County. Under her di- As Mr. Beard enters the sunset of his life from 1960 through 2006, Borjas found: ‘‘that rection, approximately 825 employees serve with his loving wife, Cherrell, at his side and the presence of unauthorized aliens in the Ari- more than 50 million Bridge and transit cus- reflects on his enormous accomplishments, his zona workforce reduced the earnings of low- tomers, as well as six million tourists each legacy continues with his children, Bradley, skilled authorized workers in Arizona by 4.7 year. Scott G., Scott C., Kimberly and Michael, and percent. During her tenure, Ms. Kupersmith moved the countless people he has helped. Borjas says, ‘‘The overall wage depression the Bridge District forward in many ways, in- Madam Speaker, I ask that we all stand to for all Arizona workers is approximately $1.4 cluding leading efforts to seismically retrofit recognize the service, passion and dedication billion. the Bridge, now two-thirds complete; enhance of a great American—Gerald William Beard— ‘‘The evidence further indicates that the overall security of the Bridge; transform Gold- and wish him many more years of health and presence of unauthorized aliens in the Arizona en Gate Ferry services into an expeditious 30 happiness. workforce reduced the employment rate of Ari- minute crossing; lead the introduction of new f zona’s low-skilled authorized workers by 1.6 technology including FasTrak and TransLink; NATIONAL MANUFACTURING percent . . .’’ and improve internal business operations and STRATEGY ACT OF 2010 This reinforces what we already know: the long-term financial stability. Obama administration’s failure to secure the Celia Kupersmith has also been active in SPEECH OF border and enforce our immigration laws various professional organizations including means citizens and legal immigrants face serving as Chair of the American Public HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. higher unemployment and lower wages. Transportation Association and on various OF GEORGIA committees of the International Bridge, Tunnel, IN THE HOUSE OF REPRESENTATIVES f and Turnpike Association. She has been a Wednesday, July 28, 2010 TRIBUTE TO DAVID WILLIAMSON member of the Mineta Transportation Insti- Mr. JOHNSON of Georgia. Mr. Speaker, I tute’s Board of Directors, the Transit Coopera- rise today in support of H.R. 4692, the Na- HON. TOM LATHAM tive Research Project Selection Committee, tional Manufacturing Strategy Act of 2010. I OF IOWA and the National Transportation Institute’s Ad- would like to thank Representative LIPINSKI for IN THE HOUSE OF REPRESENTATIVES visory Board. introducing this bill which put in place a plan Ms. Kupersmith leaves the Bridge District to Thursday, July 29, 2010 to invigorate our nation’s manufacturing sec- pursue a new career as Deputy Chief Execu- tor. Mr. LATHAM. Madam Speaker, I rise today tive Officer of Sound Transit in the Seattle, It is no secret that our nation’s manufactur- to recognize David Williamson of Ogden, Iowa Washington area where she will oversee the ers are struggling, and have been for a long and his work with Project AWARE (A Water- construction and operation of commuter and time. In this globalized economy, it is now time shed Awareness River Expedition), which is a light rail systems, as well as a regional com- to develop a strategy for the proper manage- volunteer river clean-up project organized by muter bus service. ment of our manufacturing sector. Every day, the Iowa Department of Natural Resources. Madam Speaker, it is appropriate at this manufacturing jobs move overseas. This out- David utilizes metals collected from local riv- time that we honor Celia Kupersmith for her sourcing is hurting American families and shift- ers to create sculptures and other artwork to extraordinary contributions to the Golden Gate ing our economy from manufacturing to serv- promote Project AWARE. He travels to the Bridge, Highway, and Transportation District. I ice. The plan developed through this legisla- Iowa State Fair every summer and creates a thank Ms. Kupersmith for her service and join tion will improve our domestic manufacturing metal sculpture to help increase the aware- her colleagues in wishing her continued suc- competitiveness in these new emerging mar- ness and the importance of cleaning and cess in her new career. kets so that we can keep our jobs at home. maintaining Iowa’s rivers. f Moreover, there must be an established min- I know that my colleagues in the United imum domestic manufacturing capability in States Congress join me in commending EMERGENCY BORDER SECURITY order to rapidly respond in times of national David Williamson for his dedicated work with SUPPLEMENTAL APPROPRIA- emergencies. This plan takes this important Project AWARE. I consider it an honor to rep- TIONS ACT, 2010 measure into account by further emphasizing resent David in Congress and I wish him con- the key role of continued domestic manufac- tinued success in supporting Project AWARE SPEECH OF turing to our national security. through his artwork. HON. GARY G. MILLER Mr. Speaker, I also support the provisions of f OF CALIFORNIA this bill that provide the necessary oversight IN THE HOUSE OF REPRESENTATIVES for these improvements to be properly imple- IN RECOGNITION OF CELIA G. mented. I think that the creation of a Manufac- KUPERSMITH Wednesday, July 28, 2010 turing Strategy Board for the President is a Mr. GARY G. MILLER of California. Mr. tremendous idea. It enables a more focused HON. MIKE THOMPSON Speaker, I rise in support of H.R. 5875, but body to narrow in on the needs and opportuni- OF CALIFORNIA am disappointed the bill does not contain crit- ties for the manufacturing sector and then re- IN THE HOUSE OF REPRESENTATIVES ical spending for the overwhelmed district port back to the President for action. This will courts along our Nation’s Southwest border. enable budgeting requests to be in line with Thursday, July 29, 2010 During the last several years, stepped up the recommendations and goals included in Mr. THOMPSON of California. Madam enforcement and prosecution efforts in South- the strategy of this new board. Speaker, I rise today to recognize Celia west border jurisdictions have resulted in a Overall, a unified, definitive plan is what the Kupersmith, who is resigning after 11 years of significant increase in the number of drug, im- manufacturing sector needs in order to con- service as General Manager of the Golden migration, and weapons cases being filed in tinue to grow and flourish. I urge my col- Gate Bridge, Highway, and Transportation Dis- courts along the border. Consequently, the leagues to support this bill. trict in Northern California. current workload experienced by the five dis- f A native Texan, Celia Kupersmith attended trict courts along the Southwest border is stag- NO ENFORCEMENT MEANS LOWER Southwest Texas State University where she gering. When combined, border districts han- WAGES, HIGHER UNEMPLOYMENT earned her Bachelor of Arts Degree in Geog- dled nearly 75 percent of criminal immigration raphy and Planning, followed by a Master’s cases in the Nation’s 94 districts in fiscal year HON. LAMAR SMITH Degree in Urban Planning at Texas A&M Uni- 2009 and almost 40 percent of all the Nation’s versity. Prior to joining the Bridge District in federal criminal case filings. OF TEXAS 1999, Ms. Kupersmith served as Executive Di- Here’s a brief snapshot of the district court IN THE HOUSE OF REPRESENTATIVES rector of the Regional Transportation Commis- in Arizona: Thursday, July 29, 2010 sion in Reno, Nevada. Last year in the Tucson division of the dis- Mr. SMITH of Texas. Madam Speaker, Ari- As General Manager, Celia Kupersmith has trict court for Arizona, felony cases and de- zona’s pleadings in support of their immigra- led an organization that comprises the land- fendants increased by more than 65 percent

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.002 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1467 from the previous year. Ninety percent of prehensive national manufacturing action plan a Connecticut statesman and member of this those cases were drug and immigration re- by February 28, 2011—and every four years body who passed away earlier this month, and lated. In addition, there were 300,000 appre- thereafter. Standardizing this process will help to honor his exemplary career of service to hensions during the first six months of 2009, drive economic growth, increase employment our nation. and 1.2 million pounds of marijuana were and promote American exports. A graduate of Wesleyan University and the seized. Although the court facility is sized to As Co-Chair of the House Renewable En- University of Connecticut School of Law, Mim handle no more than 120 detainees a day, at ergy and Energy Efficiency Caucus, I am es- enlisted in the Army during World War II and one point the Tucson court processed 323 de- pecially pleased to support the Clean Energy was sent to Italy as part of the Office of Stra- tainees in a single day. Technology Manufacturing and Export Assist- tegic Services, a precursor to the CIA. For his It is clear that the Judiciary’s resources ance Act (H.R. 5156). This legislation directs courageous service in that theater, which in- must continue to keep pace with these work- the Department of Commerce’s International cluded capturing Benito Mussolini’s Chief of load increases. Trade Administration to develop a National Staff in 1945, he was awarded the Legion of As written, the Border Security Emergency Clean Energy Technology Export Strategy Merit, the Bronze Star Medal, and the Italian Supplemental provides a total of $701 million aimed at increasing exports in our clean en- Medaglia d’Argento. for border security. Spending in the bill in- ergy sector while promoting policies that re- After terms as mayor of Middletown, Con- cludes critical funding for border patrol agents, duce production costs and encourage innova- necticut, and as a judge on the Middletown Department of Justice programs, Customs and tion in the clean energy sector here at home. Municipal Court, he once again heard the call Border Protection, among other items. We can and must be a world leader in the of service overseas. During the Korean War, While this spending is needed to secure our 21st century clean energy revolution. he defended our nation as a member of the border and protect our communities from the Finally, I urge a ‘‘yes’’ vote on today’s End National Guard in Korea and Japan. escalating drug-related violence, it must be The Trade Deficit Act (H.R. 1875), which will In 1958, Mim Daddario was elected to Con- coupled with adequate resources to the Judici- establish an Emergency Trade Deficit Com- gress from the First District, and he served in ary in order to keep pace with the anticipated mission to examine the causes and potential these halls ably for six terms. As a member of growth in workload. As it stands now, the dis- solutions for reducing our current trade imbal- the House Science Committee, he was a trict courts along the Southwest border are al- ance. Since growing trade deficits both reflect forceful advocate for enhancing our techno- ready overwhelmed and understaffed. and exacerbate the erosion of our manufac- logical capacity and harnessing American in- In June, the Judicial Conference of the turing base, this initiative—along with Mr. novation. United States wrote to the Office of Manage- CARDOZA’s resolution encouraging America’s Mim chaired the subcommittees on science ment and Budget Director, Peter Orszag, re- fruit, vegetable and commodity producers to R&D and patents, and he helped to plan the questing $40 million for the Judiciary. To en- display the American flag on the labels of Apollo missions that took our nation to the products grown in the United States—are an sure the federal government’s stepped-up bor- moon. After his congressional service and a important part of the Make It In America agen- der security plan is full-circle, several of my gubernatorial run, Mim continued his commit- da. colleagues and I have urged Congressional ment to promoting technology and innovation, Appropriators to make these funds available to f as director of the Office of Technology As- the Judiciary. TRIBUTE TO KEVIN GEIS sessment and president of the American As- Unfortunately, the $40 million requested for sociation for the Advancement of Science. the Judiciary is not included in this emergency HON. TOM LATHAM As we mourn his loss today, we can take spending bill. Without these resources, a bot- OF IOWA solace that Mim has rejoined Bernice, his wife tleneck in the judicial system will occur be- IN THE HOUSE OF REPRESENTATIVES of 66 years, who passed in 2007. And we cause the courts will lack the resources nec- know that his legacy of service lives on—in Thursday, July 29, 2010 essary to process the additional criminal cases America’s continued commitment to the sci- brought by the Department of Justice. Mr. LATHAM. Madam Speaker, I rise today entific inquiry and space exploration that he As Congress continues to debate a com- to recognize Kevin Geis of Ames, Iowa, who held dear, and in the love and service of his prehensive border security strategy, we must is currently in the process of riding his bike to sons Anthony, Stephen, and Richard, his sis- consider the Judiciary. It would be a shame to Wyoming to raise money for charity. ter Laura, and his seven grandchildren. I offer spend so much money on border security and Kevin usually rides his bicycle as an escape condolences to the Daddario family on their then fail to provide the Judiciary the resources from work and to stay in shape but is now uti- loss, as I thank them for Mim’s lifelong com- necessary to ensure justice is met along the lizing cycling as a philanthropic tool. Kevin has mitment to our community. embarked on a 1,200 mile journey from Iowa border. f to Wyoming to raise money for the Matthew f 25 House located in Ames, Iowa. The Mat- PERSONAL EXPLANATION IN SUPPORT OF THE NATIONAL thew 25 House is a faith-based halfway house MANUFACTURING STRATEGY for former prison inmates. Kevin began his ad- HON. JOSEPH CROWLEY ACT OF 2010 (H.R. 4692), THE venture on July 23, 2010 and plans on arriving OF NEW YORK CLEAN ENERGY TECHNOLOGY at his final destination of Wheatland, Wyoming IN THE HOUSE OF REPRESENTATIVES MANUFACTURING AND EXPORT on August 3, 2010. ASSISTANCE ACT (H.R. 5156), THE I commend Kevin for putting forth a tremen- Thursday, July 29, 2010 END THE TRADE DEFICIT ACT dous effort for the Matthew 25 House. Kevin Mr. CROWLEY. Madam Speaker, on July (H.R. 1875), AND H. RES. 1558 should be admired for literally going a great 28th, 2010, I was absent for three Rollcall distance for a cause he believes in and sup- votes because I was attending a wake in New HON. CHRIS VAN HOLLEN ports. Kevin is an inspiration to all for doing York. If I had been here, I would have voted: such a selfless act to help, not only the Mat- OF MARYLAND no on rollcall vote 480, no on rollcall vote 481, thew 25 House but also the community as a and yes on rollcall vote 482. IN THE HOUSE OF REPRESENTATIVES whole. I am honored to represent Kevin and Thursday, July 29, 2010 his family in the United States Congress, and f Mr. VAN HOLLEN. Madam Speaker, I rise I wish him the best of luck in this ride and in HONORING STEVE LAMANTIA in support of today’s manufacturing legislation his future endeavors. and strongly endorse the ‘‘Make It In America’’ f HON. HENRY CUELLAR agenda it represents. Given the erosion of our HONORING THE LIFE AND SERVICE OF TEXAS manufacturing base in an increasingly global OF EMILIO ‘‘MIM’’ DADDARIO IN THE HOUSE OF REPRESENTATIVES economy, a deliberate and comprehensive ‘‘Make It In America’’ strategy is long overdue. Thursday, July 29, 2010 In that regard, the National Manufacturing HON. ROSA L. DeLAURO Mr. CUELLAR. Madam Speaker, I rise today OF CONNECTICUT Strategy Act of 2010 (H.R. 4692) will kick start to honor the accomplishments of Mr. Steve IN THE HOUSE OF REPRESENTATIVES this effort by directing the President to estab- LaMantia, the award recipient for the 2010 La- lish a Manufacturing Strategy Task Force Thursday, July 29, 2010 redo Business Person of the Year. Mr. charged with thoroughly analyzing the nation’s Ms. DELAURO. Madam Speaker, I rise LaMantia is currently Vice-President and gen- manufacturing sector and developing a com- today to pay tribute to Emilio ‘‘Mim’’ Daddario, eral manager of L&F Distributors in Laredo.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.006 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1468 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 Mr. LaMantia has contributed to the commu- tion in Brimley. When Elmer was 17 he joined now a fixture in Huxley. Over the years, nity of south Texas as a savvy businessman the Civilian Conservation Corps (CCC), lead- Blumsters on Main expanded and now sells a and plays an active role in many nonprofit oring to his involvement in a peace time army variety of items including children’s books, ganizations to benefit students and education. program with the goal of protecting the na- women’s jewelry, and Iowa wine. Lyle would He is recognized as the Laredo Business Per- tion’s natural resources. Elmer attributed his like to see the store continue to operate after son of the Year at the Distinguished Business lifelong belief in hard work and respect for oth- his retirement. He has enjoyed meeting and Awards Ceremony hosted by the Laredo ers to his time in the CCC. talking with his customers about the store and Chamber of Commerce. Annually, the Laredo After taking on several jobs outside the labels it a great experience. Chamber of Commerce awards and com- Upper Peninsula, including a year working for I know that my colleagues in the United memorates an individual that upholds charac- General Motors, Elmer returned to Escanaba States Congress join me in recognizing Lyle teristics of strong work ethic, integrity, a sub- and opened a grocery store. The store, still Martin’s service to the town of Huxley, and I stantiated history as an established business, operating today, is now 100,000 square feet wish him much happiness and health during growth in number of employees, and philan- and is one of the largest stores in the Upper his retirement. thropy. Mr. LaMantia’s business and presence Peninsula of Michigan. of community-orientated projects have im- As a young boy Elmer attended St. Anne’s f pacted the development and growth of Laredo School and later transferred to public school, and south Texas. dropping out at the seventh grade to help sup- PROTECTING GUN OWNERS IN Along with a profitable and successful busi- port his family. Last year, his family and Esca- BANKRUPTCY ACT OF 2010 ness of L&F Distributors, he serves on several naba High School came together to present boards and civic organizations, such as Chair- Elmer with an honorary high school diploma SPEECH OF man of the Board of Laredo Medical Center, and, at age 92, he walked alongside his great- former President of the Washington’s Birthday grandson as a graduating member of the class HON. JAMES P. MORAN Celebration, Wholesale Beer Distributors of of 2009. OF VIRGINIA Texas, Mr. South Texas Selection Committee, Elmer was a member of St. Anne and St. IN THE HOUSE OF REPRESENTATIVES Border Olympics, and Cola Blanca, to name a Thomas Catholic Church, the Elks, the Eagles, Thursday, July 29, 2010 few. He has volunteered his time at Saint Au- Knights of Columbus and the Lions Club. In gustine High School, Boys and Girls Club, and addition to Elmer’s County Market, Elmer’s Mr. MORAN of Virginia. Mr. Speaker, I rise coached the Gateway Girls Softball organiza- many successful business ventures included today in opposition to Protecting Gun Owners tion. Elmer’s Diner, Mel & Elmer’s and Elmer’s in Bankruptcy Act of 2010. His contributions to the area have impacted Restaurant. Over the years, Elmer was named This legislation, as it was drafted and students and the education community greatly. Citizen of the Year by Escanaba Elks Lodge brought to this floor, would exempt one firearm In 1991, he formed a partnership with the His- 354, received a Lifetime Achievement Award, of any value or a combination of firearms not panic Scholarship Fund, which raised over $5 the Good News Award and a Business of the to exceed $1,500 from creditors’ claims during million and awarded over 2,600 scholarships Year award. From 1957 on, Elmer also pur- bankruptcy proceedings. That’s right—this bill to students in south Texas over an eleven- chased livestock at the U.P. State Fair from would allow an unlimited exemption for a sin- year period. In 2003, LaMantia also helped to 4–H youth and sponsored local sports teams gle firearm. Despite claims from supporters establish a nonprofit organization, South including baseball, bowling and hockey. that this bill is intended to protect firearms Texas Academic Rising Scholars (STARS), Elmer was not one for sitting idly by, wheth- used primarily for personal, family, or house- which provides scholarships to students to ater at work or at home. He took special pride hold use, there is absolutely no reference to tend the college of their choice. STARS has in keeping his lawn green and well maintained this requirement in the bill. raised over $9 million and have awarded atop his John Deere tractor, was an avid bowl- This means someone could claim an ex- scholarships to 4,100 students from south er and a devoted Green Bay Packers Fan. emption for an antique firearm worth tens of Texas. He has also been an extremely active Elmer was a good friend of mine and my thousands of dollars. In essence, Congress is member of the Laredo Chamber of Commerce family and our prayers go out to his family. His incentivizing individuals to game the system Cola Blanca Big Buck Contest. Mr. LaMantia spirit and enthusiasm were contagious and his by purchasing an expensive firearm prior to fil- also dedicates his time with his wife of 27 commitment to his family and community was ing for bankruptcy. While I understand lan- years, Linda and his five daughters. inspiring. guage will be added to correct this glaring Madam Speaker, I am honored to have had Madam Speaker, Elmer was a lifelong loophole, this just goes to show why this bill this time to recognize Mr. Steve LaMantia, the Yooper who knew the value of a hard day’s should have been vetted first by the Judiciary 2010 Laredo Business Person of the Year. He work, the significance of a hand shake and the Committee. difference a smile and a helping hand can has truly impacted the business community In addition, supporters of this bill claim that make in a person’s life. A family man first and and dedicated his time for many nonprofit or- it is a Second Amendment issue and that it foremost, Elmer was a loving husband and ganizations in south Texas and Laredo. will allow individuals going through bankruptcy proud father and grandfather, who devoted his f to continue to protect their households. While life to improving the lives of those around him. I sympathize with those facing bankruptcy, the HONORING THE LIFE OF ELMER Therefore Madam Speaker, I ask that you, Second Amendment protects the right to bear LEON DAGENAIS OF ESCANABA, and all of my colleagues in the U.S. House of arms. It is not intended to protect an individ- MICHIGAN Representatives, join me in honoring the life ual’s property from legitimate claims during and accomplishments of Elmer Leon bankruptcy anymore than the First Amend- HON. BART STUPAK Dagenais. ment protects an author’s novels or other OF MICHIGAN f works during those same proceedings. IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO LYLE MARTIN Finally, this bill was introduced 5 days ago Thursday, July 29, 2010 and has a total of 21 cosponsors. Yet, here it Mr. STUPAK. Madam Speaker, I rise to rec- HON. TOM LATHAM is on the suspension calendar—a process that is supposed to be reserved for non-controver- ognize the life and achievements of Elmer OF IOWA sial legislation, particularly when that legisla- Leon Dagenais of Escanaba, Michigan. Elmer IN THE HOUSE OF REPRESENTATIVES was beloved by his large family, countless tion has evaded the normal Committee proc- friends and was an Escanaba legend. He was Thursday, July 29, 2010 ess. By contrast, the Gun Show Loophole an entrepreneur, philanthropist and an active Mr. LATHAM. Madam Speaker, I rise today Closing Act, a bill introduced 446 days ago member of the community throughout his 93 to recognize Lyle Martin of Huxley, Iowa on and supported by 109 cosponsors, languishes years. the occasion of his retirement as the owner of in committee. Closing that loophole, which we Born on January 30, 1917, just blocks from Blumsters on Main in Huxley. know puts guns into the hands of criminals where his store Elmer’s County Market cur- Lyle had been making handcrafted furniture and the mentally ill, is something worthy of rently stands, Elmer was the son of John and as a hobby until he bought a building on Main this Chamber’s attention. Instead, we are Alexina (Benoit) Dagenais. Elmer started Street in Huxley. Lyle bought the Blumster spending floor time on this. working for his father as a young boy, running Flower Shop, and he decided to combine it I urge my colleagues to vote against this moonshine and working at the family gas sta- with his furniture-making endeavor, which is flawed and unnecessary bill.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JY8.010 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1469 HONORING PATHFINDER VILLAGE Laura Allen will always have a special place We must, however, carefully consider the in my heart. My entire staff joins me in wishing consequences of simply cutting and running, HON. MICHAEL A. ARCURI her the best of luck as she begins her studies which would likely result in the Taliban taking OF NEW YORK at the University of Pittsburgh School of Law, over the country and providing a sanctuary to IN THE HOUSE OF REPRESENTATIVES and with all her future endeavors. al Qaeda, which continues to threaten terrorist Thursday, July 29, 2010 f attacks on America and other countries. I will work with my colleagues on both sides Mr. ARCURI. Madam Speaker, it is with TRIBUTE TO NICK LACINA of the aisle to hold both the Afghanistan and great pleasure that I rise today in honor of Pakistan governments’ feet to the fire and Pathfinder Village, an independent residential HON. TOM LATHAM closely review the effectiveness of our efforts community located in my congressional district OF IOWA to stand up competent and capable Afghan that has greatly enhanced the lives of individ- IN THE HOUSE OF REPRESENTATIVES security forces. I support the War Supple- uals with Down syndrome. Thursday, July 29, 2010 mental because we have to give our troops On this date, 30 years ago, Pathfinder Vil- the resources they need to carry out their mis- lage opened its doors, consisting of 7 houses Mr. LATHAM. Madam Speaker, I rise today sion and because abandoning the Afghan and 1 school, with the purpose of providing a to recognize Nick Lacina of Marshalltown, people now would only strengthen those who full and productive life for individuals with Iowa, who will be serving as the honorary seek to do us harm. It also endangers the Down syndrome. This purpose was inspired chair of the American Cancer Society’s Relay many Afghans who have worked with coalition by the dream and life’s work of Pathfinder Vil- for Life of Marshall County, Iowa, which will forces to help stabilize their country. lage’s founder, Marian Mullet. take place on Saturday, July 31 until Sunday, Throughout this difficult war, our troops From its humble beginnings on a 23-acre August 1, 2010. have performed bravely and I am deeply hon- cornfield, Pathfinder Village has become a vi- Nick is currently undergoing three years of ored by the sacrifices they and their families brant community of 19 buildings located on treatment for leukemia. Nick continues to pur- make. Wisconsin families have provided more 187 acres. Today, Pathfinder Village serves as sue his dreams by studying to become a civil than their fair share of troops to the wars in the home of 87 residents, who, because of engineer at Iowa State University. It is ex- Iraq and Afghanistan. Pathfinder Village, have the resources and op- pected that Nick will make a full recovery once Recently, the 32nd ‘‘Red Arrow’’ Brigade re- portunity to achieve their absolute potential the treatments are complete. He has shown turned to Wisconsin after being deployed for and pursue their dreams. great strength throughout the period of his one year in Iraq. I was privileged to take part Due to the hard work and dedication of its treatment. in a ceremony to welcome them back and staff, Pathfinder Village has been tremen- I know that my colleagues in the United thank them for their exemplary service. Their dously successful in fulfilling the purpose and States Congress join me in recognizing Nick experience shows that with appropriate train- promise of its founding. Lacina and all of the volunteers and sup- Madam Speaker, I call on my colleagues to ing, our troops can adapt to any situation in porters of the American Cancer Society’s order to achieve their mission. We must work join me in recognizing Pathfinder Village and Relay for Life of Marshall County, Iowa. I con- its staff for its 30 years of service to our com- to ensure that we can bring our troops back sider it an honor to represent Nick in Con- home in a responsible way that protects Amer- munity, and for inspiring countless numbers of gress and wish him a healthy recovery. individuals with Down syndrome by staying ica’s security. f true to its motto ‘‘. . . that each life may find f meaning.’’ SUPPLEMENTAL APPROPRIATIONS PERSONAL EXPLANATION f ACT, 2010

HONORING LAURA ALLEN SPEECH OF HON. W. TODD AKIN OF MISSOURI HON. JOHN T. SALAZAR HON. RON KIND IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN OF COLORADO Thursday, July 29, 2010 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. AKIN. Madam Speaker, on July 28, Tuesday, July 27, 2010 Thursday, July 29, 2010 2010, I was absent from the House and Mr. SALAZAR. Madam Speaker, I rise today Mr. KIND. Madam Speaker, I rise today in missed rollcall votes 480, 481, and 482. to honor Laura Allen, a dedicated and invalu- support of H.R. 4899, the Supplemental Ap- Had I been present, I would have voted yes able member of my office for the past two propriations Act of 2010. As long as our troops on rollcall 480, yes on rollcall 481, and yes on years. While working in my office, Laura has are in harm’s way, it’s important that they rollcall 482. proven herself to be a wonderful colleague have the tools and resources they need to do f and a thoughtful, dedicated staff member. I their jobs safely and effectively. In the mean- could not be more grateful for or appreciative time, we need to be sure that we continue to RECOGNIZING THE BAY DEFENSE of her hard work. have the right policy. ALLIANCE While in my office, Laura served as a pri- I am pleased that President Obama has mary liaison between my congressional office been asking the right questions about what HON. ALLEN BOYD and the residents of the 3rd District of Colo- our exit strategy will be. While I supported the OF FLORIDA rado. She was responsible for effectively com- War Supplemental, I have a number of con- IN THE HOUSE OF REPRESENTATIVES municating my positions to my constituents, cerns with how this effort is proceeding. We Thursday, July 29, 2010 while conveying their opinions to myself and know that our success depends on having a my staff. For almost two years, she has been credible, responsible Afghan government. Un- Mr. BOYD. Madam Speaker, I rise today to the reliable, considerate and friendly ‘‘face’’ of fortunately, Afghan President Hamid Karzai recognize the accomplishments of the Bay De- my office, greeting visitors, managing interns, has not demonstrated that he is willing or able fense Alliance of Bay County, Florida, whose facilitating meetings and handling stressful sit- to seriously tackle corruption in his govern- members have selflessly dedicated both time uations with ease and poise. ment. and service on behalf of the citizens of North Laura was also responsible for legislative Furthermore, nearly nine years after combat Florida in support of the United States Armed work concerning drug policy, specifically in Afghanistan first began we continue to see Forces. More specifically, the Bay Defense Al- methamphetamines. While handling this port- only limited progress in training Afghan secu- liance has been critical throughout the years in folio, she conducted legislative research, com- rity forces and developing the capability for Af- protecting the futures of both the Naval Sup- posed and introduced legislation, and partici- ghans to take full responsibility for the safety port Activity—Panama City and Tyndall Air pated in regular conference calls with a coali- and security of their people. Force Base both located in the Congressional tion of stakeholders. Her work was diligent Of course, even if we have our policy right, District that I represent. and thoughtful. we still need full cooperation from Pakistan, The accomplishments of the Bay Defense In addition to her professional responsibil- particularly in preventing Afghanistan’s west- Alliance can be seen in countless projects ities, Laura was a pleasure to work with. Her ern provinces from becoming a safe haven for throughout our region. They have been re- positive attitude and sense of humor will serve al Qaeda and allowing the Taliban to operate sponsible for having more than $4.5 million in her well into the future. with impunity. grants awarded to our local bases; they have

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.013 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1470 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 improved community awareness of defense UNITED STATES PATENT AND gram that allows employees to telework at and training issues; and they have facilitated TRADEMARK OFFICE SUPPLE- least 20 percent of the hours worked in every direct interaction between members of the MENTAL APPROPRIATIONS ACT, 2 administrative workweeks, and for other pur- community and senior military service leaders. 2010 poses. The accomplishments of the Bay Defense Alli- Had I been present for rollcall 439 on the ance have helped ensure that the military fa- SPEECH OF motion to suspend the rules and pass, as cilities in North Florida remain a cornerstone HON. JOHN CONYERS, JR. amended, I would have voted in favor of of the local communities for many years to OF MICHIGAN amending the Hydrographic Services Improve- come. The most recent triumph has been the ment Act of 1998 to authorize funds to acquire IN THE HOUSE OF REPRESENTATIVES addition of a squadron of F–22s to Tyndall Air hydrographic data and provide hydrographic Force Base. Without their constant dedication, Wednesday, July 28, 2010 services specific to the Arctic for safe naviga- vigilance and support, the Air Force surely Mr. CONYERS. Mr. Speaker, I rise to sup- tion, delineating the United States extend con- would not have looked so favorably on our report, H.R. 5874. The purpose of H.R. 5874 is tinental shelf, and the monitoring and descrip- gion. simple: it would allow the USPTO to access tion of costal changes. Madam Speaker, when anyone needs an more of the fees that it will collect in FY2010. Had I been present for rollcall 441 on pas- example of true patriotism, they need look no This year, the United States Patent and sage, I would have voted in favor of H.R. 1722 further than to this organization of Floridians Trademark Office, also known as the USPTO, Telework Improvements Act. who achieved remarkable success while in is expected to collect more in user fees than Had I been present for rollcall 442 on mo- humble service to their fellow citizens. On be- they are permitted to retain. As everyone in tion to suspend the rules and pass, I would half of the Congress, I applaud the accom- the patent community is aware, I, with my col- have voted in favor of S. 1508 Improper Pay- plishments of the Bay Defense Alliance and leagues on both sides of the aisle, have ments Elimination and Recovery Act. thank its members for their continued support worked to ensure that the USPTO has the re- Had I been present for rollcall 443 on agree- for the United States Armed Forces and the sources it needs. Part of that equation is for ing to the resolution, I would have voted in citizens of North Florida. the USPTO to retain the user fees that they favor of providing for consideration of H.R. collect from patent and trademark applicants. 5114 Flood Insurance Reform Priorities Act. f While not perfect, H.R. 5874 significantly Had I been present for rollcall 444 on agree- moves the United States Patent and Trade- ing to the amendment, I would have voted in RECOGNIZING MR. DENNY FLYNN’S mark Office in the right direction by enabling favor of H.R. 5114 Murphy of New York INDUCTION INTO THE PRORODEO the USPTO to continue the progress they Amendment No. 11. HALL OF FAME have made already in reducing the backlog Had I been present for rollcall 447 on pas- and shortening pendency. sage, I would have voted in favor of H.R. 1722 HON. JOHN BOOZMAN I would have liked to see the President re- the Telework Improvements Act. OF ARKANSAS quested buffer of $150 million also included in this legislation because that is the only way to f IN THE HOUSE OF REPRESENTATIVES ensure that ALL user fees collected in FY2010 Thursday, July 29, 2010 HONORING THE CENTENNIAL OF will be retained; however, H.R. 5874 is a big THE DEDICATION OF THE PIL- Mr. BOOZMAN. Madam Speaker, I recog- step forward and is undeniably better than the GRIM MONUMENT IN PROVINCE- nize the accomplishments of Mr. Denny Flynn, current situation. TOWN, MASSACHUSETTS a rodeo legend from Charleston, Arkansas I thank the Appropriators for working with us who was recently inducted into the ProRodeo on this Presidential request and for honoring Hall of Fame in Colorado Springs, Colorado, the spirit of the gentlemen’s agreement. HON. BILL DELAHUNT for lifetime achievement. I urge my colleagues to join IPO, AIPLA, OF MASSACHUSETTS Flynn, a three-time National Finals Rodeo ABA IP Section, ACT, the Motor & Equipment IN THE HOUSE OF REPRESENTATIVES bull riding champion, began his professional Manufacturers Association, the National Asso- Thursday, July 29, 2010 career in 1974 after getting his start riding ciation of Manufacturers, the National Treas- ury Employees Union, and the U.S. Chamber Mr. DELAHUNT. Madam Speaker, I rise horses and bulls when he was a teenager. today to ask my colleagues to join me in com- He qualified for the National Finals Rodeo of Commerce, among others, and support this important legislation. memorating the centennial of the dedication of 10 times and set a record for most bull riding the Pilgrim Monument in Provincetown, Mas- f average titles won at the NFR. sachusetts. Hall of Fame inductees are selected by a PERSONAL EXPLANATION One hundred years ago, on the fifth of Au- committee of former contestants, Professional gust, 1910, United States President William H. Rodeo Cowboys association officials and Taft and Eben Draper, then-Governor of Mas- rodeo experts. His induction is undoubtedly an HON. STEVE KAGEN OF WISCONSIN sachusetts, joined scores of visitors as they added honor to his professional career. congregated around the base of the 252-foot IN THE HOUSE OF REPRESENTATIVES I congratulate Mr. Flynn for his induction tower in celebration of the newly constructed and wish him continued success. Thursday, July 29, 2010 memorial honoring the 102 brave passengers Mr. KAGEN. Madam Speaker, due to an ill- of the Mayflower and its historic journey. f ness in my family I was not able to be present It was there on the tip of Cape Cod in 1620, among harsh gusts of a November wind, that PERSONAL EXPLANATION for votes on July 13th through July 15th. Had I been present for rollcall 434 on mo- forty-one men drafted the first democratic cov- tion to suspend the rules and pass, as amend- enant of the New World—the Mayflower Com- HON. LYNN C. WOOLSEY ed, I would have voted in favor of H.R. 4514 pact. It was their dreams of self-governance OF CALIFORNIA Colonel Charles Young Home Study Act. that instilled in us the strongest of our political IN THE HOUSE OF REPRESENTATIVES Had I been present for rollcall 435 on mo- and ethical morals; and it was their persever- tion to suspend the rules and pass as amend- ance that would soon bring them to establish Thursday, July 29, 2010 ed, I would have voted in favor of H.R. 4438 Plymouth Plantation. Ms. WOOLSEY. Madam Speaker, on July San Antonio Missions National Historical Park Today, one hundred years later, the steady 28, 2010, I was unavoidably detained and was Boundary Expansion Act of 2010. climb up a winding staircase will lead you to unable to record my vote for rollcall No. 476. Had I been present for rollcall 436 on mo- a panoramic vista with strained glimpses of a Had I been present I would have voted: rollcall tion to suspend the rules and pass, I would Boston sky-line far in the distance. Although No. 476: ‘‘yes’’—Providing for consideration of have voted in favor of H.R. 4773 Fort Pulaski the immediate view beneath High Pole Hill has H.R. 5822, making appropriations for military National Monument Lease Authorization Act. been much altered in the century since, the construction, the Department of Veterans Af- Had I been present for rollcall 438 on agree- fog rolling across Cape Cod bay, the tranquil fairs, and related agencies for the fiscal year ing to the resolution, I would have voted in waters momentarily broken by the distant ending September 30, 2011, and for other pur- favor of providing for consideration of the bill breach of a humpback whale, and the sting of poses and providing for consideration of mo- (H.R. 1722) to improve teleworking in execu- the salt breeze, are reminiscent of our Pil- tions to suspend the rules. tive agencies by developing a telework pro- grims’ experiences of this wonderful new land.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.009 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1471 Elevated on High Pole Hill, this granite the ‘‘Voluntary Incentive Auctions Act of auction revenues would the transaction be tower is emblematic of much more than the 2010.’’ This measure will give the Federal deemed to be voluntary. And ‘‘truly voluntary’’ sacrifices of the Mayflower passengers and Communications Commission the authority to means neither directly nor constructively invol- the values they brought to the new land. The implement a crucial aspect of the National untary. For example, an effort by the FCC to Monument is a memorial to the story of each Broadband Plan. It will help ensure that new impose a spectrum fee that would make some American—for we are a unique country of im- spectrum can be made available for commer- licensees financially unable to keep their spec- migrants, carrying with us our own passion for cial wireless services by permitting the Com- trum would make the spectrum surrender con- freedom, self determination and justice. mission to conduct incentive-based spectrum structively involuntary and would be impermis- Since the first inception in 1892, the dra- auctions in which a spectrum holder voluntarily sible under the terms of our legislation. matic significance of the Cape Cod Pilgrim relinquishes its spectrum in return for a portion The Voluntary Incentive Auctions Act takes Memorial Association and the Monument they of the auction proceeds. the right approach to incentive-based spec- were dedicated to build was well-understood. Wireless communications services are rap- trum auctions. The right approach is for the President Theodore Roosevelt insisted on par- idly growing. Each year, millions of users FCC to work with television broadcasters and ticipating in the ceremonies associated with graduate from basic cell phones to smart other licensees to identify the spectrum they the laying the cornerstone of the Monument’s phones that employ a range of data services. now hold that on a purely consensual basis foundation in an elaborate Masonic ceremony. Those services require far greater bandwidth could be repurposed for commercial wireless The President sailed into Provincetown Harbor than traditional cell phones. And the data serv- use. Licensees who surrender spectrum would on his presidential yacht—named the ices offered through smart phones are becom- receive compensation in exchange for a vol- Mayflower—and spoke of the significance of ing ever more sophisticated, often employing untary spectrum transfer. I do not support, nor would the Voluntary Incentive Auctions Act of the First Landing to all Americans. full motion video. And now, nearly four hundred years after The combination of greater smart phone use 2010 permit, any action by the FCC requiring broadcast stations or others to give up spec- their cross-seas journey led them to the and far more elaborate applications is placing shores of Provincetown, we gather once again trum involuntarily. unprecedented demands on our limited wire- The right approach is the one specified in in celebration of the passengers of the less spectrum availability. To meet these this legislation—enter into conversations with Mayflower and the Monument constructed one growing demands, the National Broadband broadcasters and others about surrendering a century ago in their honor. Plan calls for making 500 MHz of spectrum portion of their spectrum on a voluntary basis, f newly available for broadband use within the determine rules for incentive-based auctions next 10 years. A TRIBUTE TO ANNETTE YOUNG that are truly voluntary and conduct the auc- That is a worthy goal, though attaining it tions in accordance with the agreement. may not be easy. The National Broadband It is also important that the Commission HON. EDOLPHUS TOWNS Plan identifies some potential spectrum can- treat broadcasters that are required to relocate OF NEW YORK didates, including spectrum in the Wireless due to repacking fairly. Broadcasters just over IN THE HOUSE OF REPRESENTATIVES Communications Service (WCS) band, the Ad- one year ago completed the highly successful Thursday, July 29, 2010 vanced Wireless Services (AWS) bands and transition to digital television. That transition the Mobile Satellite Spectrum (MSS). Mr. TOWNS. Madam Speaker, I rise today freed up substantial amounts of spectrum in The National Broadband Plan also suggests in recognition of Annette Young for her service the 700 MHz band for commercial wireless that the Federal Communications Commission to the Brooklyn community. use. initiate a rulemaking to reallocate 120 MHz of Annette Young received degree from the To complete the digital television transition spectrum currently in the hands of television New York State School of Industrial and Labor successfully, many broadcasters made signifi- stations from television broadcast to wireless cant investments in new equipment, including Relations at Cornell University and earned her broadband use. The Plan suggests that the antennas and other items that are tailored to Bachelor’s Degree at the College of New Ro- Commission, among other things: their current channel assignments. Therefore, chelle. Update its rules on television service areas broadcasters that are required to relocate as She worked in business as an Executive and distance separations to ensure the most part of a repacking plan deserve fair com- Assistant to the Vice President of International efficient allocation of channels to broad- pensation for the costs of that relocation. It is Banking of JP Morgan Chase. also important that the Commission ensure Annette is a long time member of the casters, including packing broadcast channels that broadcasters that relocate due to repack- Democratic Party and has worked on numer- more tightly together. Increase the efficiency of spectrum use in ing do not lose over-the-air viewers as a result ous campaigns. She has received recognition the television broadcast bands, including by of that move. from the Vanguard Political Club, Brooklyn setting a deadline for low-power stations to Madam Speaker, again, I am pleased to join CORE, and the Brooklyn Chapter of the Na- transition to digital and addressing poor VHF- with my colleague Mr. STEARNS in offering this tional Organization for Women. Additionally, reception issues. important measure to make available more she was presented the Unity Music and Arts Establish a licensing framework that would spectrum for innovative wireless broadband Award for Outstanding Professional Achieve- allow two or more stations to share a single 6 services while assuring fair treatment for exist- ment as an actress by the Unity Democratic MHz broadcast channel. ing spectrum holders that facilitate that proc- Club. Determine rules for auctioning broadcast ess by voluntarily returning some or all of their She has contributed countless hours of spectrum reclaimed through repacking and spectrum. community service work throughout the bor- voluntary channel sharing or channel sur- f ough of Brooklyn. She has been a leader in render, including a way for stations to receive block associations for many years, and is in- A TRIBUTE TO THE FIRST UNITED a share of the proceeds for spectrum they volved in numerous local civic associations. METHODIST CHURCH OF BURBANK contribute to the auction. Additionally, she currently enjoys working as a The National Broadband Plan’s rec- jewelry maker. ommendation concerning incentive-based auc- HON. ADAM B. SCHIFF Madam Speaker, I urge my colleagues to tions, with broadcasters sharing in the pro- OF CALIFORNIA join me in recognizing the achievements of ceeds from the auction of spectrum they vol- IN THE HOUSE OF REPRESENTATIVES Annette Young. untarily return to the Federal Communications Thursday, July 29, 2010 f Commission, requires legislation. Today, my Mr. SCHIFF. Madam Speaker, I rise today INTRODUCTION OF H.R.——, THE colleague CLIFF STEARNS, Ranking Member of to recognize the 125th anniversary of the First ‘‘VOLUNTARY INCENTIVE AUC- the Subcommittee on Communications, Tech- United Methodist Church of Burbank, Cali- TIONS ACT OF 2010’’ nology, and the Internet, and I are introducing fornia. the requisite legislative measure. In 1883, when Burbank was a rural area HON. RICK BOUCHER Our goal is to ensure that any incentive auc- with a population of a few scattered families, OF VIRGINIA tions the Federal Communications Commis- the community needed a place for worship, so sion conducts are truly voluntary. Only in in- IN THE HOUSE OF REPRESENTATIVES a Sunday School was organized in the stances in which television broadcasters or Providencia School House. One year later, on Thursday, July 29, 2010 other spectrum holders willingly enter into September 14, 1884, a church, located at Em- Mr. BOUCHER. Madam Speaker, I rise agreements with the FCC for the surrender of pire Avenue and Lincoln Street, was dedi- today on the occasion of the introduction of their spectrum in return for a portion of the cated. After four years of use, the church was

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.012 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1472 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 sold to a congregation member and a new I believe that a strong manufacturing and ested in working with state and local govern- church was erected in 1888, one year after technology development base is critical to job ments to facilitate a mutually beneficial repatri- the establishment of the City of Burbank. The creation and the economic competitiveness of ation of jobs. church was established as the Providencia the United States. The bill would also comprehensively align Church, and eventually merged with the First Something has happened in our country. federal resources in support of repatriation ef- Methodist Episcopal Church, taking the latter’s We’re making fewer and fewer things. Today, forts. It allows state and local governments to name. In 1919, construction began on a new everything seems to be labeled: ‘‘Made in use a variety of federal funding—at no new church at Olive Avenue and Third Street, China.’’ cost—to support job repatriation initiatives by which was completed and dedicated in Octo- If you have ever taken the train from Wash- state and local governments. ber of 1922. ington, DC, to New York and looked out the For example, my bill aligns Economic Devel- After World War II, the church membership window, you can see our empty factories. You opment Agency (EDA) and National Institute grew to 1,000 parishioners, signaling the need pass through my old neighborhood in Philadel- of Standards & Technology (NIST) grants to for a new church building. In 1944, a building phia. allow state and local governments to use this fund campaign began and property was pur- GE’s switchgear factory used to be one funding for repatriation. chased on Glenoaks Boulevard. In 1949, an- block from my home. Now there’s nothing It would also direct the Secretary of Com- other fundraising campaign was launched to there but an empty, littered field. merce and the IRS to quickly study and report construct a new church on the Glenoaks prop- You pass through Trenton, New Jersey, and on the merits of a new federal tax incentive to erty, and one year later, construction began can see the famous bridge sign that reads: encourage repatriation. on the new church, which became known as ‘‘Trenton Makes, the World Takes.’’ Trenton In addition to repatriating jobs today, we the First Methodist Church of Burbank. On doesn’t make anything anymore. must redouble our efforts to foster emerging May 25, 1952, the first official services were Last year, General Electric CEO Jeffrey technologies to create our manufacturing base held in the First Methodist Church of Burbank Immelt noted that in recent years in the United of tomorrow. and Consecration Sunday was held on Sep- States, ‘‘Real engineering was traded for fi- For too long, the U.S. has failed to strategi- tember 14 later that year. The full construction nancial engineering.’’ Immelt called on the cally monitor emerging opportunities and plan was realized in 1956 with the completion U.S. to grow manufacturing jobs to comprise threats in our competitive global economy. We of the Education Building. In 1968, when the at least 20 percent of American jobs—nearly are starting to see the ramifications of this fail- Methodist Church and the Evangelical United double the current level. ure in the rise of China as an economic Brethren Church merged, and the entire de- In this era of intense global competition, we power. nomination changed its name, First Methodist must work aggressively to bring jobs that have My bill would reconstitute President Rea- Church of Burbank became known as the First gone overseas back home to the U.S. to im- gan’s ‘‘Project Socrates’’ as an independent United Methodist Church of Burbank. mediately start growing the percentage of ‘‘American Economic Security Commission’’ to First United Methodist Church of Burbank these jobs, as Immelt called for. identify and monitor emerging technologies offers a wide variety of programs and min- It’s not enough to talk about creating jobs. and global economic threats. Project Socrates was initiated during the istries to the Burbank community. The church We have to take immediate steps to create Reagan Administration to address America’s hosts multiple Girl Scout troops, Boy Scout jobs. competitiveness challenge and determine the Troop #209, Cub Scout Pack #225, and offers I have been, and remain, a staunch sup- source of the nation’s declining competitive- opportunities for youth that include the Part- porter of free trade. Free trade has yielded ness and develop programs to address the ners with the Parents Program and the Youth benefits to the American people and our econ- source of the problem. in Performing Arts Ministry. Other programs in- omy. Our Commission—composed of 12 business clude the We Care Committee, which supports However, we have been far too slow in re- leaders and economists appointed by the ma- members of the congregation when they need sponding to our international economic com- jority and minority leaders—will similarly take a assistance with meals, transportation and petitors in this era of global markets and com- comprehensive and unbiased look at all of our other services, as well as active chapters of petition. global economic competitors—both strengths the United Methodist Women and United The irony is that as much as American firms and weaknesses—and help inform the Con- Methodist Men organizations. In addition, have offshored manufacturing and develop- gress on how to bolster American economic members of the congregation volunteer on a ment jobs, they remain reliant on America for security. regular basis at Burbank Temporary Aid Cen- support. And with American unemployment hovering around 10 percent, it’s time for some This will ensure that we have an inde- ter and actively support our military by periodi- pendent mechanism to monitor new opportuni- cally sending care packages of personal of these American firms to come home. When an American plant manager in Mexico ties and threats to ensure that America can items, telephone cards, books and other items capitalize on revolutionary technologies and to our troops overseas. is kidnapped, the firm doesn’t call the Mexican Federal Police, they call the FBI. create new jobs in the U.S. I consider it a great privilege to recognize The bill also provides stronger protections First United Methodist Church of Burbank and When the Chinese steal an American firm’s intellectual property, the firm calls the U.S. for American intellectual property and helps to I invite all Members to join me in congratu- expedite the patent process for cutting-edge lating the congregation for 125 years of serv- Commerce Department. It’s time to bring some of these jobs home new technologies developed by universities. ice to the community. The faster we can secure our innovations f because America can be competitive in this global economy and it’s the right thing to do. and move them to market, the more jobs we ON THE INTRODUCTION OF THE My legislation will start this process. can create in this country. We can no longer afford to ride the coattails BRING JOBS BACK TO AMERICA Overall, I believe that my bill helps to re- of yesterday’s innovations; we have to identify ACT focus the United States to be more proactive and support the emerging technologies of to- and a smarter competitor in the global econ- morrow that will create American jobs. omy—both in the short term and long term. HON. FRANK R. WOLF The Chinese, Indians and other international Specifically, this bill requires the Secretary OF VIRGINIA competitors are actively monitoring new tech- of Commerce to set targets for job repatriation IN THE HOUSE OF REPRESENTATIVES nologies and trends to support their firms. To and creates multi-agency ‘‘Repatriation Task Thursday, July 29, 2010 date, we have not. Forces’’ to identify American companies man- Are Americans willing to continue to sit idly Mr. WOLF. Madam Speaker, I am intro- ufacturing abroad and work with states to by and allow the Chinese to dominate new in- ducing today the Bring Jobs Back to America bring jobs back to the U.S. dustries at our expense? Act, which would start the process of bringing The goal is to bring back real jobs from Norm Augustine, the former chairman and real jobs back to America that have gone overseas to the United States—jobs that are CEO of Lockheed Martin, best captured the overseas during the last two decades. already created and an American could imme- situation we now find ourselves in when he My legislation will build on language I in- diately fill. said: cluded earlier this year in the fiscal year 2011 This bill would require the Commerce De- In the technology-driven economy in which Commerce-Justice-Science appropriations bill partment to survey all American firms with sig- we live, Americans have come to accept lead- directing the Commerce Department to launch nificant manufacturing facilities in foreign ership as the natural and enduring state of a job repatriation initiative to bring those jobs countries, allowing the Repatriation Task affairs. But leadership is highly perishable. back home. Forces to proactively identify all firms inter- It must be constantly re-earned.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.018 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1473 In the 16th century the citizens of Spain no in St. Petersburg and throughout our state, the INTRODUCTION OF RESOLUTION doubt thought they would remain the world long-term effects of the oil spill itself, as well HONORING AND SALUTING leader. In the 17th century it was France. In as those of the response and clean-up efforts, AMERICANS FOR THE ARTS ON the 19th century, Great Britain. And in the ITS 50TH ANNIVERSARY 20th century it was the United States. are still unclear and continued monitoring of Unless we do things dramatically different, the Gulf will ensure that we are prepared to including strengthening our investments in quickly respond to the future consequences of research and education, the 21st century will this spill. HON. LOUISE McINTOSH SLAUGHTER belong to China and India. OF NEW YORK Further, we must draw on our knowledge Author Richard McGregor wrote in his new and experience to ensure that this disaster is IN THE HOUSE OF REPRESENTATIVES book, The Party, that the Chinese govern- never repeated. In representing the Tampa Thursday, July 29, 2010 ment, ‘‘still runs on Soviet hardware.’’ It uses Bay area, which has been at the center of the full resources of the state to advance the some previous disasters, I have experience in Ms. SLAUGHTER. Madam Speaker, I rise interests of Chinese firms. responding to these crises. While serving as a today to honor the 50th anniversary of Ameri- The Chinese are spying on us. They are Florida State Senator in 1970, the tanker cans for the Arts. As the leading nonprofit or- launching millions of cyber attacks against Delian Apollon spilled more than 20,000 gal- ganization for advancing the arts and arts edu- American companies and the federal govern- cation in the United States, Americans for the ment every day. lons of crude oil into Tampa Bay. In response, I introduced and the legislature quickly passed Arts continues to be dedicated to representing The Chinese are funding the genocide in and serving local communities and creating Darfur. They have Catholic bishops in jail, my landmark legislation to set in place emergency response plans for oil spills in the wa- opportunities for participation and enjoyment Protestant pastors in jail, and they have plun- of all forms of the arts. dered Tibet. terways surrounding Florida. The oil and ship- Founded in 1960 in Winston-Salem, North If the U.S. is to be truly competitive in the ping industry challenged my legislation, which Carolina, the original mission of Americans for global economy, we must be vigilant and was called our nation’s toughest oil spill re- the Arts was and continues to be to enhance proactive—in a manner that is consistent with sponse law, all the way to the United States support for the nonprofit arts. In 1965 Ameri- our national interest and international treaties. Supreme Court, where it was upheld in a Madam Speaker, I urge swift passage of unanimous decision. cans for the Arts played a key role in the es- this legislation to help bring jobs back to the tablishment of the National Endowment for the When the oil industry proposed drilling off Arts. A half century later Americans for the United States today and to lay the groundwork the Gulf coast of Florida, I offered an amend- for tomorrow’s manufacturing and technology Arts continues to foster the arts at the local, ment to a 1983 supplemental appropriations state, and national level. base. We cannot afford to wait. Our inter- bill to create the first buffer zone to protect Under the remarkable stewardship of Robert national competitors aren’t. Florida’s west coast from offshore oil drilling. f Lynch for the last 25 years, Americans for the Because my amendment was carried on an Arts has provided leadership and training to KEEPING A LONG-TERM FOCUS ON appropriations bill, I had to negotiate with my local public and nonprofit agencies through a THE OIL SPILL RESPONSE AND colleagues to protect it year after year, some- national network of Arts and Business Coun- RECOVERY times fighting off challenges from my own cils, Business Committees for the Arts, local party and leadership. We finally were able to and state arts agencies, state arts advocacy HON. C.W. BILL YOUNG negotiate more permanent protection against organizations, and community-based cultural drilling in 2006 when we wrote into law a buff- OF FLORIDA organizations across the country serving 5,000 er zone that extends 234 miles off the coast IN THE HOUSE OF REPRESENTATIVES local arts agencies and their communities. of the Pinellas County beaches I represent. Thursday, July 29, 2010 Research by Americans for the Arts meas- In an effort to respond to the lessons ured the economic impact of the arts, which Mr. YOUNG of Florida. Madam Speaker, learned from this year’s disaster, I introduced showed that approximately 100,000 nonprofit 101 days have passed, and the devastating the SAFEGUARDS Act earlier this month, cultural organizations generate $166.2 billion impact of the BP Deepwater Horizon catas- which provides some commonsense solutions in economic activity every year supporting 5.7 trophe continues to grow daily. As we continue to prevent and respond to future disastrous oil million jobs. In my congressional district alone, to consider specific legislation in the House to spills. Drafted following a series of meetings there are over 1,200 arts-related businesses address the problems we have identified that and regular phone calls with the on-the-ground employing nearly 16,000 people. led to this unmitigated disaster, I rise today to incident commanders, local research teams express my concern over the environmental In addition to fostering arts jobs in our local and community emergency response per- communities, Americans for the Arts has impact on the Gulf of Mexico and express my sonnel, it is my hope that the solutions put support for all the impacted residents, who de- worked to promote the importance of Arts forth in this measure will be included in the Education in our public schools. Young people serve better from the federal government. wider legislative response that we consider Our immediate focus is not only on ensuring who regularly participate in arts programming later this year to ensure that we impose rig- are more likely to have better attendance that the flow of oil from the Deepwater Horizon orous safety standards on any off-shore plat- spill continues to be stopped, but also on ad- records, be involved in their school govern- forms, while also establishing a fully thought ment, excel in their academics, and develop dressing the future environmental and eco- out plan to respond to future disasters. We nomic effects of the spill. The House has al- the creative and innovative skills necessary to can and must do better. We cannot allow any ready unanimously passed legislation to fund compete in the 21st century global workforce. more waivers of safety standards or response oil pollution research and we must continue to Through national events like Arts Advocacy plans, and the SAFEGUARDS Act ensures support the important work in this area being Day, Americans for the Arts brings national at- that. done throughout the United States. One of the tention to the importance of arts throughout centers for this research is in St. Petersburg, Our work on oil spill response legislation is our nation. The arts define our culture and in- which I have the privilege to represent. The just the beginning, and we have much more still unique character in the communities College of Marine Science at the University of work to do in the coming weeks, months and across our nation. Art transcends barriers of South Florida has become an international years. The future environmental health and language, time, and generation, translating center for the study of our nation’s and our economic viability of the Gulf of Mexico de- cultural differences, breathing life into history, world’s waters and of our coastal lands. To- pends on us, and we must do all we can to and bridging experiences across cultures. gether with the Florida Institute of Oceanog- respond to the largest spill in United States They accomplish the seemingly impossible raphy, also in St. Petersburg, which is drawing history. We owe the American people and the task of both revealing our differences across together all the state of Florida’s marine re- entire Gulf Coast a comprehensive response the globe, while managing to illuminate all that search expertise, and a variety of other local, that addresses both the causes and effects of connects us. state and federal organizations, our commu- this spill. Madam Speaker, I urge my col- I thank Americans for the Arts for their fine nity has provided key information to our na- leagues to work together to ensure the com- achievements over the past 50 years. I know tion’s decision makers about the movement of plete recovery of the Gulf of Mexico, while that the next 50 will be filled with even more the oil, the impact it is having on our environ- also addressing the systematic breakdowns accomplishments, and that we will continue to ment and the development of long-term strate- which led to the BP Deepwater Horizon catas- enjoy the richness that the arts provide to gies to clean it up. Even with all of this work trophe. each of our lives.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JY8.020 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1474 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 PROTECTING GUN OWNERS IN uals, couples or organizations that have made Every 4 years or so, Troops descend from BANKRUPTCY ACT OF 2010 and extraordinary contribution on behalf of all over America to celebrate the tenets they children in need of adoption and foster care. all hold dear and to develop even further the SPEECH OF This year I am proud to select Brian Morton as life lessons Scouting is so effective in teach- HON. GWEN MOORE the recipient of this year’s Angels in Adoption ing. The entire process has traditionally done Award for Oregon’s Second Congressional OF WISCONSIN an outstanding job in molding boys into out- District. IN THE HOUSE OF REPRESENTATIVES standing young men, while building character Madam Speaker, the people of southern Or- and instilling notions of personal responsibility, Tuesday, July 27, 2010 egon hold a deep appreciation for Brian Mor- all of which have helped make America the Ms. MOORE of Wisconsin. Mr. Speaker, I ton. As a well-known and respected news an- envy of civilized nations. rise today to offer clarification for my vote in chor at Medford’s ABC television affiliate, This year’s Jamboree also holds special sig- favor of H.R. 5827, the Protecting Gun Own- KDRV, Brian has developed a special program nificance because 2010 marks the 100 year ers in Bankruptcy Act of 2010. dedicated to raising awareness about the anniversary of Scouting in America. Over this I have tremendous respect for our nation’s community need to find adoptive and foster period they have grown into a premier youth Constitution. In 12 other states around the families. organization and had very positive effects on country, including my own state of Wisconsin, During the monthly feature, ‘‘Wednesday’s millions of young males. there are already State protections for gun Child,’’ Brian and KDRV produce personalized Individual Boy Scouts throughout Scouting’s ownership during bankruptcy proceedings. segments on children who are eligible for 100 year history have gone on to do great When the Federal Government, and other adoption. Normally, potential adoptive families things and serve our country in manners that States, already give basic protections for per- have little more than one photo and a minimal have brought great honor and credit to the sonal property like jewelry and musical instru- amount of text description on children avail- United States. More than 50 percent of all ments, I believe that it is fundamentally unfair able for adoption. But in ‘‘Wednesday’s Child,’’ NASA Astronauts were Boy Scouts. More than to deny a second amendment protected item the children are featured in poignant everyday 30 percent of graduates from the Military, Air from being included in this list. activities where their stories are shared in a Force and Naval Academies were involved in I do, however, want to be clear that I remain sensitive and heartfelt manner. Scouting in their youth and five of our Presi- steadfast in my support for the ability of the Madam Speaker, the response to ‘‘Wednes- dents were once Boy Scouts. Even within Federal Government, States, and cities to reg- day’s Child’’ has been so overwhelmingly posi- Congress, 199 of our current Members once ulate firearms. There have been too many tive that potential families from all over the participated in Scouting, with 22 achieving the times that we have seen preventable deaths United States have sought to adopt the fea- rank of Eagle Scout. America is truly a better from guns that end up in the wrong person’s tured children. In some cases, relatives, who nation because of Scouting. hands. Representing the City of Milwaukee, I were previously unknown, were able to get in As an Eagle Scout and Member of Con- know first hand how important it is to keep contact with the children. gress, I can truly say that the wisdom and Because of Brian’s dedication, adoptive chil- guns out of the hands of criminals and others leadership I gained in Boy Scouts still benefit dren throughout southern Oregon now have a that cause harm and undermine safety in our me every day. All those who take up the man- better possibility of finding loving families and communities. Within the last few years, six po- tle of effective Scouting can be identified by a brighter future. Yet Brian’s dedication to the lice officers were shot in my district using guns the traits named in the Scout Law as ‘‘trust- cause of adoptive children does not wane that were traced back to a single store. How worthy, loyal, helpful, friendly, courteous, kind, when the cameras are turned off. With his did this one store seemingly sell so many obedient, cheerful, thrifty, brave, clean, and wife, Laurie, they have remained involved in guns to straw buyers—people purchasing the reverent.’’ If America is going to continue to be the community at large. Brian has served on guns not for themselves, but on behalf of great then, in the paraphrased words of Alex the board of directors at CASA, the Court Ap- other people who are prohibited from buying, de Tocqueville, America must continue to be pointed Special Advocates of Jackson County. good. The Scouting doctrines clearly assist in like convicted domestic abusers, felons, and The work of Brian, Laurie, and Angels in making America ‘‘good.’’ people with outstanding warrants? Had Fed- Adoption helps raise public awareness about If we continue to see the young people in eral gun laws been adequate to properly regu- the need for adoptive and foster families. America living a morally sound life following late stores like this, and others around the Every child deserves an opportunity to have a the tenets supported by 100 years of Boy country, I sincerely believe that much of the loving and supportive family, and Brian and Scouting while dedicated to family values and gun violence could be prevented. Laurie are making sure that occurs one family My record for reducing gun violence in our country, then surely God will continue to bless at a time. For that, Madam Speaker, they de- communities is clear. This year I have sent a America as He has during the last 100 years. serve our deep appreciation. letter to the director of the Bureau of Alcohol It is an honor to have the privilege to recog- To that end, the words from the Scout’s Oath Tobacco and Firearms asking what resources nize Brian Morton before the United States are as meaningful today as they were through- they might need to more efficiently enforce House of Representatives. I salute Brian for out Scouting’s rich history: Federal firearm legislation. I have also sent a his selfless deeds and great acts of charity, On my honor, I will do my best letter requesting that the Attorney General re- To do my duty to God and my country; and believe that all Americans can learn from To obey the Scout Law; vitalize and expand upon an existing ‘‘demand his benevolence and commitment to adoption. letter’’ program that can give the BATFE es- To help other people at all times; f To keep myself physically strong, men- sential information on potential problem Fed- tally awake and morally straight. eral Firearm Licensees. Current firearm regu- TRIBUTE TO THE BOY SCOUTS lation at the Federal level is simply inefficient FROM TEXAS’ 1ST DISTRICT AT- Participating in this, the historic Boy Scout and I will continue to work hard with my col- TENDING THE JAMBOREE Jamboree of the United States during the leagues to make our streets a safer place. I00th Anniversary of the Boy Scouts, are the following Boy Scouts from the 1st Congres- f HON. LOUIE GOHMERT sional District of Texas: Thomas Alberts, Brian OF TEXAS HONORING BRIAN MORTON AS THE Allen, Beathan Andersen, William Arnold, Alex IN THE HOUSE OF REPRESENTATIVES RECIPIENT OF THIS YEAR’S AN- Baker, Peter Ball, Rusty Bell, Zachariah GELS IN ADOPTION AWARD FOR Thursday, July 29, 2010 Brown, Nate Cargile, Christopher Carlin, Hart- OREGON’S SECOND CONGRES- Mr. GOHMERT. Madam Speaker, this is in ley Coker, Paul Cook, Robert Cooper, Brian SIONAL DISTRICT tribute to and in honor of the Boy Scouts of Cousineau, Carter Crump, Charlie Cullen, America Troops 1524 and 1525 along with Myles Elbel, Michael Fedell, Michael Fedun, HON. GREG WALDEN other Scouts and Scout leaders, located in my Joshua Fields, Chris Finlay, Danny Fisher, OF OREGON District in East Texas. This week they are par- Garett Froats, Bryan Gilliland, Jacob Gage, IN THE HOUSE OF REPRESENTATIVES ticipating in the National Scout Jamboree at Kyle Gage, Wyatt Gay, David Gean, Thomas Fort A.P. Hill in Virginia. This year’s Jamboree Gunn, Rielly Hassell, Clint Hearn, Stratton Thursday, July 29, 2010 carries on a long tradition, where just steps Hibbs, Kaleb Hively, Trent Hood, Jacob Mr. WALDEN. Madam Speaker and col- from the Capitol Building, the first ever Jam- Houck, Luke Hughes, Brian Humphreys, An- leagues, you may be familiar with the Angels boree was held on the National Mall in 1937. drew Kazlow, Kerrigan Keele, Nicholas in Adoption program that provides Members of Over the years, the Jamboree has become the Kottwitz, Francis Gene Lewis, Trevor Ligon, Congress an opportunity to recognize individ- pinnacle of all Scouting camps. Garrett Manning, Noah Morrill, Koehler Munoz,

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.023 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1475 Payton Myers, Kacee Newman, Taylor sworn in by President Barack Obama on April HONORING REPRESENTATIVE O’Bryant, Richard Olds, James Olson, James 27, 2010. ROGER WENDT FOR HIS WORK Pike, Lyle Potter, Tyler Reed, Blake Richey, Madam Speaker, I urge my colleagues to ON THE IOWA SAFE SCHOOLS John Hunter Sattler, Jack Schaeffer, Brady join me in recognizing the achievements of ACT Schuh, Colbert Sheard, Jeremiah Slaughter, Beatrice Wilkinson-Welters. Spencer Smith, Brandon Spears, James Tyler HON. LEONARD L. BOSWELL Stricklin, Connor Tate, Travis Tate, John f OF IOWA Timaeus, Andrew Walker, Jeffrey Dylan Wat- IN THE HOUSE OF REPRESENTATIVES son, Elliot West, John West, Robert West- CELEBRATION OF THE COLUMBUS moreland, Mason Wheeler, Zach Ziegelgrube. RECREATION AND PARKS DE- Thursday, July 29, 2010 In addition, these Scouts of which their U.S. PARTMENT ON ITS CENTENNIAL Mr. BOSWELL. Madam Speaker, I rise to Representative LOUIE GOHMERT is immensely commend State Representative Roger Wendt, proud, as should be the Nation itself, the fol- former Chair of the Iowa House Education lowing outstanding leaders have participated HON. MARY JO KILROY Committee for his work protecting Iowa’s les- to lead these wonderful young men to the ful- OF OHIO bian, gay, bisexual, and transgender (LGBT) fillment of this scouting dream are the fol- students from bullying and harassment in IN THE HOUSE OF REPRESENTATIVES lowing: Paul Dunaway, Rory Hassell, Stephen schools and communities. All students need a Head, Jeffrey Jones, Matt Lindsey, Chris Thursday, July 29, 2010 safe, supportive environment in which to learn, Peurifoy, Lyle Potter, Jim Reed, Greg Tate, regardless of gender or sexual orientation. Clinton Willbanks, Geoffrey Willbanks. Ms. KILROY. Madam Speaker, I rise today There is extensive evidence that LGBT stu- The foregoing Boy Scouts and leaders to celebrate the 100th anniversary of the Co- dents are disproportionately targets for harass- have, by their demonstrated excellence and lumbus Recreation and Parks Department. ment and discrimination in schools. The cli- zeal, not only expanded their horizons and Through its 100 years of serving our commu- mate of fear experienced by LGBT students abilities, but they have also made it possible nity, the Department has enriched the lives of frequently results in increased absenteeism, to create a better world in which to live for all central Ohioans by offering social and edu- decreased academic performance and in- those who follow hence. Accordingly, their cational programming, activities, and events creased risk of suicide and other high-risk be- names and participation are hereby memorial- for all ages to enjoy. haviors. ized in the CONGRESSIONAL RECORD of the On July 15, 1910, Columbus mayor George On September 1, 2010, Iowa Safe Schools United States of America to bear witness of S. Marshall signed into law legislation estab- will recognize Alicia Claypool, State Rep- their valiant participation to all those who may lishing the Columbus Department of Recre- resentative Roger Wendt, and State Senator draw near. May God bless every one of these ation, which encompassed the city’s six estab- Mike Connolly for all their work protecting fine individuals just as He has so richly lished park locations. As part of the City Beau- Iowa’s LGBT students and all other students blessed these United States of America to this tiful Movement, the Department of Recreation from bullying and harassment. This date will time. became crucial in Columbus’ development as mark the 3rd year anniversary of the Iowa f an aesthetically-pleasing city filled with green Safe Schools Law going into effect. This legis- spaces and public parks. With the Depart- lation protects Iowa’s 500,000 students from A TRIBUTE TO BEATRICE ment’s hard work, residents began to enjoy bullying and harassment in our schools on the WILKINSON-WELTERS beautiful scenery, community centers, trails, basis of 17 categories which include sexual pools, golf courses, and programming de- orientation and gender identity. HON. EDOLPHUS TOWNS signed with central Ohioans of all ages in Representative Wendt led the fight in the OF NEW YORK mind. In 1972 the Department of Recreation Iowa House for this critical piece of legislation. IN THE HOUSE OF REPRESENTATIVES merged with the Division of Forestry and His years-long efforts resulted in its bi-partisan Parks to become the Columbus Recreation Thursday, July 29, 2010 passage in February 2007. Iowa educators, and Parks Department we have today, and administrators, and other policy makers hold Mr. TOWNS. Madam Speaker, I rise today has grown from its original six parks to 215 Representative Wendt in high esteem for his in recognition of Beatrice Wilkinson-Welters for established parks, greenways and green tireless commitment to improving the lives of her appointment as Ambassador to Trinidad spaces that span over 10,000 acres across Iowa youth. Parents, community leaders, and and Tobago and for her outstanding contribu- Franklin County. students have been well-served by this advo- tions to the welfare of residents of Brooklyn. The Columbus Recreation and Parks De- cate for equality, and I am proud to honor him. Beatrice Wilkinson-Welters has distin- partment offers a wide variety of classes, f guished herself through many years of service events, and programs to connect residents of to her nation and community as the Founder TRUTH IN FUR LABELING ACT OF all neighborhoods involved in the community. and Chairman of the AnBryce Foundation and 2009 Locations such as the Cultural Arts Center the Vincent Wilkinson Foundation, whose offer art classes for painting, ceramics, and focus on underserved youth and young adults SPEECH OF sculpting. Entire theatrical seasons are played provide multiple settings for their personal and out at various centers such as the Davis HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. scholastic development. Youth Performing Arts Center. Central Ohio OF GEORGIA She earned her undergraduate degree from seniors can enjoy aerobics classes, along with IN THE HOUSE OF REPRESENTATIVES Manhattanville College and her graduate de- senior golf, softball, and basketball leagues. gree from John Jay College of Criminal Jus- Wednesday, July 28, 2010 tice. She also received an Honorary Doctorate From April through December of this year, Mr. JOHNSON of Georgia. Mr. Speaker, I from Livingstone College in Salisbury, North the Columbus Recreation and Parks Depart- rise today to express my support for H.R. Carolina. ment will be celebrating its centennial anniver- 2480, the Truth in Fur Labeling Act, which im- Beatrice Wilkinson-Welters has provided vi- sary with events every month. At the Jazz and proves the accuracy of labels on fur products sion and leadership through her service as a Rib Fest in the Arena District, the Department sold in the United States. The bill would also trustee or board member for the Kennedy commemorated its July 15th birthday with a require the Federal Trade Commission to re- Center Board of Trustees, the National Sym- ‘‘Best Ribs’’ contest and they have held their view its Fur Products Name Guide, ensuring phony Orchestra, the Library of Congress, the 100th hole celebration at Raymond Golf that document contains accurate and con- Brookings Institution, the Washington Jesuit Course. sistent species names. I support the Truth in Academy, and the Maret School. For 100 years, the Columbus Recreation Fur Labeling Act because American con- Despite her demanding career and many and Parks Department has played a vital role sumers deserve to know what, exactly, they contributions to society, Beatrice Wilkinson- in the growth of Columbus and Ohio’s 15th are purchasing when they shop for fur gar- Welters has been a devoted wife to her hus- Congressional District, as well as the en- ments, regardless of the price of those gar- band, Anthony and a loving mother to their hancement of the quality of life of those who ments. two sons Bryant and Andrew. call central Ohio home. I am proud to recog- This legislation guarantees transparency so Beatrice Wilkinson-Welters was confirmed nize and honor the Columbus Recreation and that shoppers can make informed decisions by the United States Senate as Ambassador Parks Department as they celebrate 100 years about the products they buy. This trans- to Trinidad-Tobago on March 10, 2010 and of history and achievement. parency is currently compromised by the ‘‘fur

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.026 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1476 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 loophole’’ in the Fur Products Labeling Act of riod of time, he also represented central New Metroplex Technology Business Council, the 1951, which allows manufacturers of fur and York in the House of Representatives. William largest technology trade association in Texas. faux-fur garments under $150.00 to sell these Lloyd Garrison and Frederick Douglass were At the 10th annual Tech Titans gala this Au- products without a label or with a label that also among the central figures in the aboli- gust, the 2010 winners will be announced in fails to list all of the types of fur included in the tionist crusade who worked closely with John categories designed to showcase the most product. In the market today, exporters use and George Vashon throughout their lives. cutting-edge technologies and the brightest this loophole to deceptively sell products made With George B. Vashon’s gifted scholarly talent emerging from the North Texas region. from cat and dog fur as though they were abilities—he was fluent in several languages The event will also reveal the rankings of the made from faux fur or the fur of other animals, as a teenager and went on to become the first 2010 Titan Fast Tech, which lists the fastest- although it is illegal to import, export, sell or African American to graduate from Oberlin growing DFW technology companies based on advertise domestic dog or cat fur in the U.S. College—he chose to study law and pursue a percentage of revenue growth over the last China exports about half of all the imported legal career after college. Under the tutelage year and the last 5 years. fur garments sold on the U.S. market. In Chi- of Judge Walter Forward, who would later be- Founded in 1994, the Metroplex Technology nese factories, many domestic dogs and cats come Secretary of the U.S. Treasury, Vashon Business Council, MTBC, is a non-profit orga- are brutally killed and sometimes even sought to practice law in his home state of nization composed of approximately 300 mem- skinned alive for their fur. A Humane Society Pennsylvania and applied for admission in bers that include technology businesses and investigation found in the 1990s that the death 1847. His application was denied because of providers from across the DFW Metroplex. toll of domestic dogs and cats in China his ‘‘negro descent.’’ He was so distraught at The MTBC produces numerous events, includ- reached 2 million animals every year; the this denial that he left Pennsylvania to live and ing the Management in High-Tech Luncheon same investigation revealed that some of the teach in Haiti for a few years, but not before Series, the Technical Luncheon Series, Tech resulting dog fur was being sold in the U.S. he applied for and passed the New York bar Week in Austin and the Tech Titans and Fast After this scandal broke, Congress passed the and became the first black lawyer in the state. Tech Awards. Dog and Cat Protection Act of 2000, which Upon his return to the U.S., George B. The MTBC is a shining example of the face banned the trade in dog and cat fur. Unfortu- Vashon moved to New York, where he of the future for Texas. Make no mistake, the nately, the ‘‘fur loophole’’ has created a way opened a legal practice at the corner of Water MTBC is making great things happen for the for dishonest exporters to continue profiting and Warren streets in downtown Syracuse. Lone Star State—and the world. from sales of dog and cat fur to American con- Because of its proximity to Ohio and Canada, In addition to the MTBC, supporters of the sumers. Manufacturers also use the loophole Syracuse had become a growing hotbed of Tech Titans Awards and Fast Tech event in- to market real fur as faux fur, tricking Ameri- activity along the Underground Railroad and clude PricewaterhouseCoopers, TechAmerica, cans with humane shopping policies into sup- Vashon was a central player at this time. With Deloitte, Dallas Business Journal, BKD, LLP, porting an industry they oppose. passage of the Fugitive Slave Act of 1850, Time Warner Cable Business Class, GSCS Part of my objection to the current, deficient, Vashon’s legal services were needed to assist Inc., Farstar Inc., and AVMG. language of the Fur Products Labeling Act lies runaway slaves gain their freedom. With the Congratulations to all finalists. Thank you for in the fact that its loophole only applies to support of his friend Gerrit Smith, Vashon later your hard work and commitment to excellence. products of ‘‘relatively small quantity or value.’’ went on to become the first black man to run I salute you. A garment of $150, the upper limit of that cat- for Attorney General in New York on the Lib- The 2010 Tech Titans Finalists’ names and egory, can contain multiple animal pelts. erty Party ticket. He also contributed to Fred- categories follow: Clearly, new legislation is necessary to allow erick Douglass’ newspaper, The North Star, Corporate CEO Award: Valerie Freeman, customers to be confident in the type of fur and became one of the first black college pro- BravoTECH, Dallas, TX; Suri Gurvenda, Opti- they are buying, regardless of how much fessors in this country when he served on the mal Solutions Integration, Inc., Irving, TX; Dale money they spend. faculty of New York Central College in Sohn, Samsung Telecommunications America, I urge my colleagues to also support this im- McGrawville, New York. Years later, George Richardson, TX; Charlie Vogt, Genband, portant resolution. would help found Howard University, where he Plano, TX. f would be the university’s first black professor. Emerging Company CEO Award: Andres He was later admitted to the bar of the U.S. Ruzo, Link America, Inc., Rowlett, TX; RECOGNIZING THE ACCOMPLISH- Supreme Court. Devender Aerrabolu, American Unit, Frisco, MENTS OF GEORGE B. VASHON In an effort to remedy the discrimination he TX; Bettina Bennett, WhichBox Media, LLC, faced when he initially pursued a legal career Dallas, TX; Shama Kabani, The Marketing Zen HON. DANIEL B. MAFFEI in Pennsylvania, two of Vashon’s descendants Group, Carrollton, TX. OF NEW YORK petitioned the Supreme Court of Western Corporate Horizon Award: D4D Tech- IN THE HOUSE OF REPRESENTATIVES Pennsylvania. Nolan Atkinson, Vashon’s great- nologies, Richardson, TX; Entrust, Dallas, TX; Fujitsu Network Communications, Inc., Rich- Thursday, July 29, 2010 grandson, and Paul Thornell, Vashon’s great- great-grandson were successful. On May 4, ardson, TX; Genband, Plano, TX. Mr. MAFFEI. Madam Speaker, I rise today 2010, the Court righted a wrong in the history Emerging Company Horizon Award: to recognize George B. Vashon, a distin- books. In doing so, they issued the following GlobeRanger Corporation, Richardson, TX; guished 19th century figure in American his- order: ‘‘In acknowledgement of Mr. Vashon’s HealthPoints, Inc., Dallas, TX; MicroTrans- tory and the notable event that occurred re- credentials and achievements, this Court here- ponder, Inc., Dallas, TX; Revere Security, Dal- cently to help remedy a past injustice. This by admits George B. Vashon to the practice of las, TX. gifted writer, orator, educator, abolitionist and law in the Courts of this Commonwealth post- Technology Innovator Award: Drs. Caddedu, lawyer, who was a leader in Syracuse’s anti- humously.’’ Scott, Fernandez, & Bergs, UT Southwestern slavery efforts for a period of time, was post- I am pleased to commend this important ac- Medical Center, Arlington, TX; Yves Chabal, humously admitted to the Pennsylvania bar knowledgement of this notable figure in Amer- University of Texas at Dallas, Richardson, TX; this spring after twice being denied because of ican history. Syracuse is privileged to claim Will Rosellini, MicroTransponder, Inc., Dallas, his race. His life work helped improve the lives George B. Vashon as a key figure in our city’s TX; Steve Wallach, Convey Computer, Rich- of countless African Americans, while his indi- proud history of antislavery activism. ardson, TX. vidual career achievements clearly proved the f Technology Advocate Award: Matt Blanton, merits of his being granted this distinction 163 StarTech Early Ventures, Richardson, TX; years later. SALUTING THE 2010 TECH TITANS Gabriella Draney, Tech Wildcatters, Dallas, George B. Vashon was born and raised in FINALISTS TX; Robert Scott, Scott & Scott, Dallas, TX; Pennsylvania and moved to New York, where North Texas RCIC, Dallas, TX. he resided in Syracuse for some years. In his HON. SAM JOHNSON Technology Adopter Award: City of Richard- early years, he was exposed to many leading OF TEXAS son Animal Shelter, Richardson, TX; Dallas figures in the abolitionist movement through IN THE HOUSE OF REPRESENTATIVES Cowboys Football Club, Irving, TX; The Heart his father John B. Vashon’s role as a leader Hospital at Baylor Plano, Plano, TX; Top Golf, of Pittsburgh’s black community. One of the Thursday, July 29, 2010 Dallas, TX. Vashons’ close associates was New York phi- Mr. SAM JOHNSON of Texas. Madam Community Hero Award: Wanda Gass, lanthropist Gerrit Smith, a financier and activist Speaker, I rise to congratulate the finalists for Texas Instruments, Dallas, TX; Suri of the anti-slavery movement. For a short pe- the 2010 Tech Titans Awards presented by Gurvendra, Optimal Solutions Integration, Inc.,

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.027 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1477 Irving, TX; Lin O’Neill, Futures Consulting, tive and budget autonomy for the District. The mentia had a diagnosis of the condition in Dallas, TX; Nina Vaca-Humrichouse, Pinnacle bill, like my stand-alone budget and legislative their primary care medical record. In addition, Technical Resources, Inc., Dallas, TX. autonomy bills, would eliminate the require- ethnic and racial populations at higher risk for Tech Titan of the Future—University Level: ment that the city’s laws layover in Congress Alzheimer’s are less likely than whites to have Caruth Institute for Engineering Education, for 30 or 60 days before they take effect, and a diagnosis of the condition. Southern Methodist University, Dallas, TX; would eliminate the requirement that the city’s Delays in diagnosis have various negative Geo Jeffrey NanoExplorers Program, Univer- local budget be affirmatively approved by Con- consequences for patients and their families. sity of Texas at Dallas, Richardson, TX; UT gress before it takes effect. One such serious consequence is that if indi- Dallas Innovation Opportunity Camp, Univer- The bill would not only remove Congress viduals do not receive treatments early, when sity of Texas at Dallas, Richardson, TX; UNT from the District’s legislative process, it would available medications are more likely to be ef- Summer Robocamp for Girls, University of free the District to operate and provide serv- fective, then families have less opportunity to North Texas, Denton, TX. ices as it sees fit. The bill would eliminate all make legal, financial and care plans while the Tech Titan of the Future—High School of the budget, financial management, audit person living with Alzheimer’s or dementia is Level: Joanne Blast, Lake Highlands High and borrowing requirements imposed on the still capable. School, Richardson ISD; Kevin Cieszkowski, city by the Home Rule Act, and would permit While America works towards investing Richardson Berkner STEM Academy, Richard- the city to set the powers, organization, and more in research for Alzheimer’s to move to- son ISD; Aaron Hampshire, Parish Episcopal procedures of the Office of the Mayor and the wards a cure for this devastating disease, we School, Addison, TX; Alisa Salvans, Richard- city council. It is important to note that the bill must also help the many affected families to son High School, Richardson ISD. would have no effect on existing contractual or plan for the care of the patients. This bipar- f other financial obligations incurred by the Dis- tisan legislation is a good step in ensuring trict, on any elected or appointed District offi- INTRODUCTION OF THE DISTRICT these important steps are taken. OF COLUMBIA FULL SELF-GOV- cial or other District employee, or on any The Alzheimer’s Association has endorsed ERNMENT ACT pending legal actions or proceedings. Even with this bill, however, there would be our legislation, which will increase the likeli- HON. ELEANOR HOLMES NORTON two important limitations on the District’s au- hood that Alzheimer’s will be diagnosed soon- tonomy. First, Congress would retain its ulti- er and help individuals plan for the required OF THE DISTRICT OF COLUMBIA mate legislative authority over the District care associated with Alzheimer’s. I look for- IN THE HOUSE OF REPRESENTATIVES under the U.S. Constitution. The only way to ward to continuing to work with my colleagues Thursday, July 29, 2010 completely eliminate congressional authority on this important issue throughout the legisla- Ms. NORTON. Madam Speaker, I rise today would be to amend the Constitution or to tive process. to introduce the District of Columbia Full Self- make the District a state. Second, like the Government Act. The bill would grant the Dis- Home Rule Act, the bill specifically precludes f trict of Columbia almost complete home rule. the city council from legislating over certain HONORING ALICIA CLAYPOOL FOR It would mark the most significant advance- matters, such as height limitations on build- HER WORK ON THE IOWA SAFE ment in the District’s local autonomy since ings. SCHOOLS ACT Congress first created the District govern- f ment’s structure and operating rules in the Home Rule Act of 1973. The bill would elimi- INTRODUCTION OF THE HEALTH HON. LEONARD L. BOSWELL nate almost all of the requirements and limita- OUTCOMES, PLANNING AND EDU- tions imposed on the District by Congress in CATION ACT (HOPE) FOR ALZ- OF IOWA the Home Rule Act, so that the District could HEIMER’S IN THE HOUSE OF REPRESENTATIVES structure its operations and provide services in any manner that it chooses. Aside from a HON. EDWARD J. MARKEY Thursday, July 29, 2010 statehood or voting rights bill, no bill would do OF MASSACHUSETTS Mr. BOSWELL. Madam Speaker, I rise to more to grant the federal taxpaying citizens of IN THE HOUSE OF REPRESENTATIVES commend Alicia Claypool, Chair of the Iowa the District of Columbia their equal citizenship Thursday, July 29, 2010 Civil Rights Commission on her work pro- rights. tecting Iowa’s lesbian, gay, bisexual, and Mr. MARKEY of Massachusetts. Madam Under the bill, the District’s government transgender (LGBT) students from bullying Speaker, I rise today to introduce the Health would be able to operate similarly to how most and harassment in schools and communities. Outcomes, Planning and Education (HOPE) state and local governments operate. For ex- All students need a safe, supportive environ- for Alzheimer’s Act. I would like to thank my ample, the District, like every state, would be ment in which to learn, regardless of gender colleague and fellow co-chair of the bipartisan able to set its own fiscal year. Under the or sexual orientation. There is extensive evi- Alzheimer’s Task Force, Mr. CHRIS SMITH of Home Rule Act, the District’s general govern- dence that LGBT students are disproportion- New Jersey, for partnering with me on this im- ment fiscal year must begin in October, while ately targets for harassment and discrimination portant legislation. its fiscal year for schools must begin in July. in schools. The climate of fear experienced by An estimated 5.3 million Americans have In contrast, almost every state and local gov- LGBT students frequently results in increased Alzheimer’s disease, and 1 in 10 individuals ernment’s fiscal year for all operations begins absenteeism, decreased academic perform- has a family member with the disease. Unless in July, enabling these jurisdictions to better ance and increased risk of suicide and other science finds a way to prevent or cure it, near- plan and coordinate their operations and serv- high-risk behaviors. ices. ly 16 million Americans will have Alzheimer’s In addition, the District would no longer disease by the year 2050. On September 1, 2010, Iowa Safe Schools have to come to Congress before it could The HOPE Act aims to increase detection will recognize Alicia, State Representative make changes to its operations. For example, and diagnosis of Alzheimer’s disease and Roger Wendt, and State Senator Mike the District’s major change in school govern- other dementias and provide access, informa- Connolly for all their work protecting Iowa’s ance structure that eliminated the school tion, and support for newly diagnosed patients LGBT students and all other students from board and placed responsibility for schools in and their families. The bill would provide for bullying and harassment. This date will mark the mayor was held up for weeks because it Medicare coverage of comprehensive Alz- the 3rd year anniversary of the Iowa Safe had to be enacted by Congress, which caused heimer’s disease and other dementia diag- Schools Law going into effect. This legislation serious problems for the opening of schools. noses and services in order to improve care protects Iowa’s 500,000 students from bullying Recently, I had to introduce a bill to reduce and outcomes for Americans living with the and harassment in our schools on the basis of the waiting period for holding special elections disease. 17 categories which include sexual orientation to fill vacancies on the D.C. City Council from At present, most people with Alzheimer’s and gender identity. 114 days to 70 days. Previously, Ward 4 and disease and other dementias have not been Without the efforts of Alicia, this law would Ward 7 were left without representation be- diagnosed. This only contributes to the dif- not have passed, and Iowa Safe Schools, an cause the council could not reduce the period ficulty surrounding this disease. Data from a organization committed to protecting Iowa’s to fill vacancies. recent study in the Journal of General Internal students would not exist. Iowans can never The bill would accomplish what I have been Medicine conducted from 2002 to 2003 show thank Alicia enough for all her efforts in cre- fighting for since I entered Congress: legisla- that only 19 percent of people age 65 with de- ating and fighting for those without a voice.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JY8.030 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1478 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 RECOGNIZING VIRGINIA COMMON- later, is in circulation twice a week, providing HONORING LINDER’S 100TH WEALTH UNIVERSITY (VCU) FOR unparalleled coverage for the citizens of Tay- ANNIVERSARY CELEBRATION ITS VICTORY IN THE COLLEGE lor County. BASKETBALL INVITATIONAL As a community paper, the Central Ken- HON. BETTY McCOLLUM (CBI) tucky News Journal plays an important role OF MINNESOTA bringing readers news and articles that directly IN THE HOUSE OF REPRESENTATIVES HON. ERIC CANTOR affect their readers. Campbellsville and the OF VIRGINIA Commonwealth of Kentucky are fortunate to Thursday, July 29, 2010 IN THE HOUSE OF REPRESENTATIVES have such an outstanding newspaper with a Ms. MCCOLLUM. Madam Speaker, it is an proven history of providing exceptional news Thursday, July 29, 2010 honor to recognize the 100th Anniversary of coverage. Linder’s Garden Center in Saint Paul, Min- Mr. CANTOR. Madam Speaker, I am proud I am proud to represent the employees at nesota. Linder’s is a family-owned greenhouse to recognize Virginia Commonwealth Univer- the Central Kentucky News-Journal and thank that began as a small business selling fresh sity (VCU) for its victory in the College Basket- them for the countless contributions they have produce to local restaurants, and has grown ball Invitational (CBI) Championship on March made. into a Garden Center selling more than 25 mil- 31, 2010. Madam Speaker, I ask my colleagues to join lion plants each year. VCU is located in Richmond, Virginia and is me in honoring the Central Kentucky News- In 1910, a Swiss immigrant with humble be- one of the premier institutions of higher edu- Journal and congratulating them on 100 amaz- ginnings named Albert Linder brought his cation in the Commonwealth of Virginia. The ing years. horse drawn wagon filled with celery stalks University fosters an enrollment 32,436 total and other fresh vegetables to local markets students, including 21,149 undergraduates. f and restaurants. Linder soon found success VCU maintains a Division I athletic program as a result of his hard work and dedication to offering 14 varsity sports which includes a CONDEMNING TERRORIST plants. At its peak, this burgeoning small busi- men’s basketball team that rosters 12 talented ATTACKS IN KAMPALA, UGANDA ness operated six greenhouses for celery young men from around the world. In March of seedlings. 2010, VCU junior Larry Sanders was named SPEECH OF By the 1940’s, Linder had stopped using Colonial Athletic Association (CAA) Defensive HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. horse drawn wagons because trucks enabled Player of the year and earned first team ALL– him to expand his business to customers lo- CAA honors while teammate Joey Rodriguez OF GEORGIA cated farther away. Facing strong competition earned second team ALL–CAA honors. IN THE HOUSE OF REPRESENTATIVES and celery blight, Linder was eventually forced On March 31, 2010, the VCU basketball Tuesday, July 27, 2010 to change the model of his business. He de- team rallied from a 9 point deficit at halftime Mr. JOHNSON of Georgia. Mr. Speaker, I cided to move away from celery seedling and to defeat Saint Louis University for the second rise today in support of H. Res. 1538, which focused on cut flowers and bedded plants. straight game by a score of 71 to 65 in the condemns the terrorist attacks that took place This change proved profitable for Linder’s and best of three championship series, capturing on July 11, 2010, in Kampala, Uganda. This allowed Linder to remain successful even dur- the CBI championship. The VCU basketball terrorist behavior is simply unacceptable and ing difficult economic times. team won the CBI championship under the our nation must express our disapproval of the Modern day Linder’s continues to focus on guidance of their first year coach, Shaka responsible parties who committed these hor- flowers and plants, but has expanded to in- Smart. During the final game, Junior Brandon rible attacks. clude green houses, and a garden center Rozell scored a game high 27 points and his Mr. Speaker, the situation in East Africa is which hosts educational classes that allow teammate Joey Rodriguez scored 13 points on grave. Unfortunately, the situation isn’t getting budding urban gardeners to learn more about his way to capturing Tournament MVP honors. any better either, given that this is the worst plant care. In 1970, the third generation of the The VCU basketball team finished their sea- terrorist attack that this region has witnessed Linder family took over the business. Robert, son with 27 wins, the second most wins in since 1998. The responsible party for these Dave and Lillian Linder have successfully con- school history. VCU President Michael Rao and Athletic Di- horrifying terrorist attacks is the hard-line So- tinued their grandfather’s business and con- rector Norwood Teague have done an exem- mali militant group, al-Shabab. Even more tinue to make our community beautiful. plary job of supporting this successful athletic frightening is the fact that this group has Madam Speaker, please join me in rising to program and the gifted student-athletes of the threatened further attacks, if Uganda and Bu- honor Linder’s 100th Anniversary. I am hon- Rams basketball team. The VCU athletes and rundi continue to supply troops to an African ored to submit this statement recognizing this coaching staff have earned the pride and re- Union peacekeeping force in Somalia. This resilient and successful Saint Paul family- spect of the VCU students, faculty, alumni, all continued threat of terrorist attacks is not only owned business. They are truly an example of Rams fans and the Commonwealth of Virginia. a dire concern in this area of East Africa, but the American dream being fulfilled. Their hard Madam Speaker, please join me in con- also for our nation. Uganda, a key U.S. ally, work and dedication have made them a suc- gratulating the Rams for their successful 2010 is also a training ground for soldiers for Soma- cessful Minnesota business. basketball season and their achievement as lia’s transitional government, the government CBI champions. which al-Shabab is seeking to overthrow. Both f the United States and the United Kingdom f support this mission. Consequently, we have OUR UNCONSCIONABLE NATIONAL A TRIBUTE TO THE CENTRAL responsibility to support and protect the DEBT KENTUCKY NEWS JOURNAL peacekeeping forces that are working to provide stability in Somalia. In order for strength HON. MIKE COFFMAN HON. BRETT GUTHRIE to be restored in the failing state of Somalia OF COLORADO and the surrounding countries like Uganda, we OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES must also find a way to remove the terrorist IN THE HOUSE OF REPRESENTATIVES group al-Shabab from its destabilizing role. Thursday, July 29, 2010 Thursday, July 29, 2010 Mr. Speaker, as the trend in globalization Mr. COFFMAN of Colorado. Madam Speak- Mr. GUTHRIE. Madam Speaker, I rise today continues to increase, the connections among er, today our national debt is to honor a great news source in the Common- nations become more and more intertwined. $13,247,793,649,102.86. wealth of Kentucky—the Central Kentucky Therefore, as Representatives of Congress, On January 6th, 2009, the start of the 111th News-Journal. This year, the Central Kentucky we must pass this resolution to call on our ad- Congress, the national debt was News-Journal will celebrate its 100th anniver- ministration to work with the international com- $10,638,425,746,293.80. sary. munity to address the security threat ema- This means the national debt has increased After a series of changes in ownership, Mrs. nating from Somalia. This will hopefully ensure by $2,609,367,902,809.06 so far this Con- T. W. Buchanon became the editor-manager that this violence doesn’t overspill more into gress. of the journal and it was launched as the Cen- other nations. This debt and its interest payments we are tral Kentucky News-Journal in January of Again, I fully support this resolution and I passing to our children and all future Ameri- 1910. The newspaper now, one hundred years urge my colleagues to support it as well. cans.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\K29JY8.018 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1479 CELEBRATING 100 YEARS OF dedicated to educating our nation’s youth and ployment of recyclable and environmentally- SCOUTING are truly deserving of our recognition. safe composite utility poles for use in the dis- One of the goals of the House Fellows Pro- tribution and transmission of electricity. As HON. KENNY MARCHANT gram is to develop curriculum on the history Congress works to invest in our nation’s elec- OF TEXAS and practice of the House for use in schools. tricity infrastructure to deliver critical new IN THE HOUSE OF REPRESENTATIVES During the program, fellows prepare a brief sources of energy to our cities and towns, it is lesson plan on a Congressional topic of their time we also modernize the electricity delivery Thursday, July 29, 2010 choosing, which is then shared with the other infrastructure so that it is more reliable, envi- Mr. MARCHANT. Madam Speaker, it gives fellows. These plans will become part of a ronmentally-safe, and cost-efficient than the me great pleasure to rise today to recognize larger teaching resource database on the current, century-old model. Our 21st Century the centennial anniversary of the Boy Scouts House. During the school year following their electricity infrastructure must meet the chang- of America. Over the last one hundred years, participation in the House Fellows Program, ing demands of a diverse society, survive un- the Boy Scouts of America has remained de- each Fellow is responsible for presenting his foreseen natural disasters, and help deliver voted to its mission of dedicated service or her experience and lesson plans to at least technology to improve our lives. Composite through developing social and moral skills in one in-service institute for teachers of history utility poles meet these demands. young men throughout the United States. This and government. organization has produced some of our Na- The House Fellows Program began in 2006, Composite products are made from a vari- tion’s best and brightest leaders as a result of and since then 75 teachers from across the ety of components such as glass, resins and a simple creed that was embedded in them as country have participated in this innovative fiber reinforcements that, when combined, young adults. program. produce stronger and lighter materials. Com- In 1909, William Boyce was a lost American An additional 45 teachers will be taking part posites are integrated into products sur- in the fog on the streets of London. He en- in this summer’s program. With plans to select rounding us every day, including swimming countered a young boy, now known as the a teacher from every Congressional district pools, cars, airplanes, wind turbines, and ‘‘Unknown Scout,’’ who voluntarily assisted over the next several years, the House Fel- power plant cooling towers. Composite manu- him on his way. When Boyce offered com- lows Program will impact thousands of high facturing in the United States is a fast grow- pensation for the boy’s good deed, the boy school teachers and their students and will ening, $70-billion industry that employs approxi- declined and stated that he was doing his ergize thousands of students to become in- mately 550,000 Americans. My legislation will ‘‘Good Turn’’ as a Scout. On February 8, formed and active citizens. help spread this innovative technology to our 1910, Boyce brought the idea of Scouting to As a former U.S. history teacher, I believe nationwide network of approximately 130 mil- the United States and formed the Boy Scouts strongly in the importance of civic education. lion aging wooden utility poles. In the process, of America. Since its founding, the organiza- We must continue our efforts to get our youth we also will create high quality, long-term tion has been committed to preparing young involved in the political process in districts manufacturing jobs here at home. across the country. Educating teachers about people to make ethical and moral choices over Composite utility poles last longer and are their lifetimes by instilling in them the values of the ‘‘People’s House’’ is one of the best ways considerably lighter than wood, concrete and the Scout Oath and Law. to do that. I congratulate the following edu- steel. They do not require treatment with Through one hundred years of service, Boy cators who are participating in the third ses- harmful chemicals to prevent decay; as a re- Scouts of America remains dedicated to build- sion of this summer’s 2010 House Fellows sult, they can be used in environmentally-sen- ing the character of servant leaders within our Program: Ms. Cindy Tatum (TANNER, TN–08), sitive areas, such as deserts, marshlands, na- communities. Boy Scouts of America has Ms. Betsi Foster (TANNER, TN–08), Mr. John tional parks, forests and monument areas. worked with over one hundred and ten million Tenney (DELAURO, CT–03), Ms. Carol Gale Composite poles withstand severe weather young adults, two million of which have gone (LARSON, CT–01), Mr. Robert Nave (MURPHY, conditions, including extreme temperature on to become Eagle Scouts. I also applaud CT–05), Mr. Stephen Miller (VAN HOLLEN, MD– changes and fierce winds. They also are im- the work of the Scouting leaders who are de- 08), Ms. Cristy Lenski (LINDER, GA–07), Ms. pervious to corrosion and require little mainte- voted to the mission of mentoring young Judy Walton (EHLERS, MI–03), Mr. William adults through countless hours of service Reinhart (MCKEON, CA–25), Mr. Herrick Smith nance, key issues for places like Chicago that projects, Pinewood Derby races, and other ac- (MICA, FL–07), Ms. Shannon Gerlach (ROYCE, must use salt often during winter to address tivities in order to build America’s leaders of CA–40), Ms. Darla Faden (SMITH, NE–03), Ms. icy road conditions and lose many steel and tomorrow. Gayla Reimer (MILLER, FL–01), Mr. Kris Vass wooden poles due to the associated corrosive- On behalf of the 24th District of Texas, I (GOODLATTE, VA–06) and Mr. Tom Beard ness of the salt. In urban areas, composite would like to say ‘‘thank you’’ and ‘‘congratula- (GRAYSON, FL–08). poles can internally house WiFi and other tions’’ to the Boy Scouts of America for the Madam Speaker, I urge all of my colleagues wireless infrastructure and help clean up tremendous work it has accomplished over the to join me in thanking the Office of the Histo- streetscapes by replacing unstable and un- course of one hundred years. By impacting rian for sponsoring this program. Thanks to sightly chemically-treated poles with fewer and developing the lives of youth, the Boy Dr. Robert Remini and Dr. Fred Beuttler for composite poles. Composite pole life expect- Scouts of America has contributed to the de- their outstanding leadership, and Dr. Thomas ancy ranges from two to three times as long velopment of a responsible and productive Rushford, Mr. Anthony Wallis and Mr. Ben- as traditional wood poles. America. jamin Hayes for providing the crucial staff sup- My bill takes two steps to promote the de- f port. velopment and use of these utility poles. First, Thank you also to the Office of the Historian it amends the advanced manufacturing credit CONGRATULATING THE PARTICI- interns: Ms. Jacqueline Burns, Mr. Michael to allow the Treasury Department and the En- PANTS OF THE HOUSE FELLOWS Karlik, Ms. Madeleine Rosenberg and Ms. ergy Department to consider allocating a credit PROGRAM Debbie Kobrin. to the advancement of composite technology f for our nation’s energy infrastructure. Second, HON. JOHN B. LARSON it provides a 30% tax credit to purchasers of OF CONNECTICUT INTRODUCTION OF LEGISLATION TO ENCOURAGE THE DEVELOP- composite poles that contain 15% recyclable IN THE HOUSE OF REPRESENTATIVES MENT AND USE OF ENVIRON- or bio-content material, are recyclable at the Thursday, July 29, 2010 MENTALLY-SAFE COMPOSITE end of their life, and are used for electricity Mr. LARSON of Connecticut. Madam UTILITY POLES distribution and transmission. This credit is in- Speaker, I rise today to congratulate the par- tended as a catalyst to expedite the adoption ticipants of the House Fellows Program. The HON. DANNY K. DAVIS and deployment of composite utility poles, House Fellows Program, run by the Office of helping taxpayers invest in this new infrastruc- OF ILLINOIS ture. As such, this credit would expire after the House Historian, is a unique opportunity IN THE HOUSE OF REPRESENTATIVES for a select group of secondary education five years. American history and government teachers to Thursday, July 29, 2010 In closing, I urge my colleagues to join me experience firsthand the inner-workings of Mr. DAVIS of Illinois. Madam Speaker, in co-sponsoring this legislation to ensure that Congress. These educators have dem- today I am introducing legislation to encourage green energy is transported by green infra- onstrated excellence in the classroom, are the domestic development, adoption and de- structure.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JY8.036 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1480 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 RECOGNIZING THE 50TH ANNIVER- COLONEL JEFFREY A. ‘‘TANK’’ Perhaps the most challenging assignment SARY OF THE CREATION OF THE KOCH RETIRES AFTER 22 YEARS was his final one as Chief of the Air Force NATIONAL ASSOCIATION OF SERVICE WITH THE UNITED House Legislative Liaison Office. This sea- STATE BOATING LAW ADMINIS- STATES AIR FORCE soned aviator and Command Pilot with more TRATORS than 3,000 flight hours in five different aircraft HON. HOWARD P. ‘‘BUCK’’ McKEON has been a trusted and articulate voice for the OF CALIFORNIA Air Force on Capitol Hill. HON. BEN CHANDLER IN THE HOUSE OF REPRESENTATIVES Colonel Koch has excelled throughout his distinguished career and I am honored to pay Thursday, July 29, 2010 OF KENTUCKY tribute to this Airman. Madam Speaker, on be- IN THE HOUSE OF REPRESENTATIVES Mr. MCKEON. Madam Speaker, I rise today half of Congress and the United States of to recognize and pay tribute to COL Jeff America, I thank COL Jeff Koch, his wife Tra- Thursday, July 29, 2010 ‘‘Tank’’ Koch on the occasion of his retirement cey and their children, Caleb and Abbey, for from the United States Air Force. their service to our country. I wish them God- Mr. CHANDLER. Madam Speaker, I rise I have had the pleasure of working with speed, and continued happiness as they start today to recognize the 50th anniversary of the Colonel Koch on a number of occasions dur- a new chapter in their lives. National Association of State Boating Law Ad- ing his tenure here in the House, and have f ministrators, NASBLA, a Lexington, Kentucky greatly appreciated his professionalism, knowl- based nonprofit organization. edge, and dedication, which I know has bene- A TRIBUTE TO THE INDEPENDENT fited me personally, as well as numerous other LIVING SERVICES FOR THE KEN- Recreational boating is one of our Nation’s members, and countless staff. TUCKY OFFICE FOR THE BLIND most popular pastimes, with an estimated 78 So it goes without saying that Colonel million recreational boaters in the United Koch’s professional achievements are numer- States and nearly 13 million recreational ves- HON. BRETT GUTHRIE ous, but I know would be the first to state that OF KENTUCKY sels registered. In my State of Kentucky alone, none of them would have been possible with- IN THE HOUSE OF REPRESENTATIVES there are nearly 200,000 registered boats and out the love and support of his wife and fam- hundreds of thousands of Kentuckians who ily. Throughout Colonel Koch’s service to our Thursday, July 29, 2010 enjoy this great recreational activity. country, his wife, Tracey, has been his main- Mr. GUTHRIE. Madam Speaker, I rise today stay and a selfless partner. Her balance and In 1958, Congress passed the Federal Boat- to honor the Independent Living Services for calm has seen their family through multiple the Kentucky Office for the Blind. ing Act, which authorized the states to take moves to military bases within the U.S. and Independent Living Services is a rehabilita- over specific boating safety functions. This, in overseas. Together with their children, Caleb tion program administered by the Kentucky Of- turn, led to the creation of the National Asso- and Abby, the Koch family has endured the fice for the Blind and provides a broad range ciation of State Boating Law Administrators, challenges and sacrifice of family separation of services. They value self-determination and NASBLA, in 1960. NASBLA is a national, non- and relocations. Each member of the Koch encourage individuals to learn skills that will profit association of state officials responsible family has made a significant contribution to allow them to achieve their desired level of for the development and implementation of the U.S. Air Force and our great Nation. independence. state boating programs. Colonel Koch has led an enviable career. In September of this year, the Independent After receiving his commission through the Living Services will celebrate 30 years of dedi- NASBLA’s mission is to strengthen the abil- Reserve Officers Training Corps at Troy State cation to helping individuals throughout the ity of state and territorial boating authorities to University in 1987, Colonel Koch proceeded to commonwealth with vision impairments reduce death, injury and property damage as- numerous distinguished assignments. With his achieve their maximum level of independence. sociated with recreational boating and ensure new pilot wings and assignment to the A–10 Through the effective leadership of the Of- a safe, secure, and enjoyable boating environ- Thunderbolt fighter jet, Colonel Koch served in fice for the Blind and the dedication of Inde- ment. NASBLA addresses its mission by fos- the 92nd Tactical Fighter Squadron at RAF pendent Living Counselors, thousands of Ken- tering partnerships among and between the Bentwaters, UK flying 37 operational combat tuckians have realized their goal of greater states, the Coast Guard and others, crafting missions over Northern Iraq in direct support independence in their homes, communities model boating laws, maintaining national edu- of Operation PROVIDE COMFORT. With help and workplaces. cation and training standards, providing mem- from the 92nd’s armed reconnaissance and Madam Speaker, I ask my colleagues to join close air support missions, thousands of starv- bers with critical knowledge and skills, assist- me in honoring the 30th anniversary of the ing Kurdish refugees received life-sustaining Independent Living Services and thank the in- ing in the homeland security challenges on our food and supplies. dividuals who have committed so much of waterways, and advocating for the needs of After this, Colonel Koch served as an in- themselves to help ensure all Kentuckians are the state boating programs before Congress structor pilot at the U.S. Air Force Academy, given the resources they need to succeed. and federal agencies. returned to the A–10 to fly missions in Korea, f The number of recreational boating fatalities and instructed at the same Euro-NATO Joint NAZARETH DER TAVITIAN: A has declined by more than half since 1970, Jet Pilot Training program he completed earlier in his career. Colonel Koch also served as GENOCIDE SURVIVOR STORY thanks in part to the increased use of life jack- flight commander in the 358th Fighter Squad- ets, cooperative boating safety education, en- ron, executive officer for two commanders of forcement efforts between the Coast Guard HON. ADAM B. SCHIFF the 12th Air Force, and Chief of Offensive Op- OF CALIFORNIA and state governments, and safer vessels and erations at the AFSOUTH Combined Air and IN THE HOUSE OF REPRESENTATIVES equipment manufactured in accordance with Space Operations Center. He also served as Coast Guard standards. Continued emphasis a Presidential Advance Team Agent—and a Thursday, July 29, 2010 on accident prevention can reduce rec- Capitol Hill Fellow for Congressman Jim Gib- Mr. SCHIFF. Madam Speaker, I rise today reational boating fatalities still further, and in bons of Nevada. This successful arc continued to memorialize and record a courageous story particular, deaths by drowning which remain with a stint in the Air Force’s Programs direc- of survival of the Armenian Genocide. The Ar- the leading cause of recreational boating fa- torate as the Chief of the Joint Strike Fighter menian Genocide, perpetrated by the Ottoman talities. Programming office and command of the Empire from 1915 to 1923, resulted in the 557th Flying Training Squadron. These suc- death of 1.5 million Armenian men, women, Madam Speaker, please join me in con- cessful milestones were recognized with as- and children. As the U.S. Ambassador to the gratulating and recognizing the accomplish- signment to one of DoD’s most challenging Ottoman Empire Henry Morgenthau documents of this Kentucky nonprofit, which in its senior developmental education opportunities, mented at the time, it was a campaign of 50 years, has significantly contributed to the the Industrial College of the Armed Forces. ‘‘race extermination.’’ safety of this popular pastime for all Ameri- Following ICAF, Colonel Koch received a fol- The campaign to annihilate the Armenian cans. low-on assignment back to the Pentagon as a people failed, as illustrated by the proud Ar- Senior Readiness Analyst for the Deputy menian nation and prosperous diaspora. It is Under Secretary of Defense for Readiness. difficult if not impossible to find an Armenian

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.039 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1481 family not touched by the genocide, and while sured them that he would be back once he had come when Mustafa Kemal Ataturk rati- there are some survivors still with us, it is im- can figure out how he could best be of serv- fied a law in which whoever held the certifi- perative that we record their stories. Through ice. Comforted by his statement, the family cate to the land on which they resided could the Armenian Genocide Congressional Record continued to stay in hiding as they eagerly claim ownership of that land. My father was awaited his return. able to find the necessary certificates to the Project, I hope to document the harrowing sto- Unfortunately, the loyalty of my grand- family home and took them to the provincial ries of the survivors in an effort to preserve father’s apprentice was not to be trusted. government of Malatya. To my father’s dev- their accounts and to help educate the Mem- Upon leaving my father’s family home, he astation they would not allow him to have bers of Congress now and in the future of the went to the local police and informed them ownership of his land, because he himself necessity of recognizing the Armenian Geno- that my grandmother, along with the chil- was not Nazaret Der Tavitian. By statue, the cide. dren were in hiding and had escaped the lands could not be claimed by the living chil- This is one of those stories: mandatory deportation. He provided the dren of the deceased. Under this new law my (By Sarkis DerTavitian) local police with the proper address and loca- father along with his siblings was left home- tion, as well as the background information less. They would either live on the streets of My grandfather Nazareth Der Tavitian was pertaining to my family. Malatya or leave Turkey and start a new life born in Malatya, Turkey. His family con- My grandmother had taken precautions in Aleppo, a safe haven for Armenian refu- sisted of his wife, three sons and two daugh- and had told my father along with the eldest gees. Their obstacles were many. In addition ters. The eldest child, my aunt was born in of the daughters where the family fortune to having limited amount of resources, a law 1900. My father followed as the eldest son; he was hidden. Having heard and seen the hor- of conversion hindered the arduous road was born in 1903. Next in line was the young- ahead. Converted persons were not allowed est of the daughters and she was born in 1907, rific experience of mass murder and deporta- to leave Turkey; therefore they had to risk followed by my uncle Kevork in 1910. The tion my grandmother was well aware that their physical safety by escaping out of the youngest son, Hampartsoum was born in her family would not stay intact. In the like- country. The family was separated in order 1913. ly chance that she would be taken into ar- My grandfather was a successful merchant rest, she had hoped that the large amount of to secure a safe departure. Riding on mules in Malatya, Turkey. His wealth included family savings would either help the chil- they individually reached Aleppo, around large tobacco and opium fields, as well as the dren sustain themselves or buy their safety. 1924. They were reunited in the refugee export of various goods such as leather, and Soon thereafter, my grandmother was camps of Aleppo. dried fruits to Europe and America. He often taken into exile. My father recalls her car- In 1959, when I was barely 16 years old, the traveled to Aleppo and Istanbul in order to rying a child as the police forced her out of sister of a dear friend of my father’s came to conduct his business. At the brink of WWI in the home; leaving the remaining children or- visit her brother from Malatya. I, along with 1914, a Turkish friend of my grandfather in- phaned. My grandmother was never to be my parents went to welcome her. There, I formed him that the situation vas not look- heard from again. The fate of my grand- overheard her recall to my father that his fa- ing good for Turkish-Armenians, he advised mother and her infant remains unknown. ther’s three story home was still standing that he, along with his eldest son—my father That was the last they saw or heard of their and had been converted into an orphanage. make a temporary move to Istanbul, in mother. The children were not sent into The elaborate Damascene hand woven wood- hopes that the move would keep them safe exile. They continued to hide in the base- en front door, which was the mark of the until the situation had calmed within the ment of the family home. DerTavitian household, was still standing. provinces. My grandfather, uncomfortable After my grandmother was taken away my This story, which I just relayed to you, is with the idea of leaving the rest of the fam- grandfather’s apprentice rushed to the but one story in the devastating events of ily during precarious times, conveyed these house. Seeing the children, distraught, alone the Armenian genocide. The price of which worries to a dear friend, who at the time was and in tears he assured them that he would we continue to pay. My father passed 34 the military general of Malatya. The general find their mother and return her to safety. years ago. He led an incredibly difficult life. assured him that as long as he remained in He left only to return in a couple of days. We The events of 1915 continued to haunt him. his position, no Turkish citizen or official concluded that the two-day absence would He was unable to surrender the thoughts, could bring harm to him or his family. As assure that no other family member was emotions and images that followed him the war progressed and the Young Turks so- present to care for the children. Upon his re- throughout his life. I believe that if my fa- lidified their power they ordered the replace- turn, he lied to the children and told them ther was alive today, his one desire would be ment of all leading generals in the provinces, that he was able to find their mother that to assure that no other peoples or nation suf- including Malatya—the aim being to break she was well, but in need of their help. He fer under the same fate that he had seen and the power of the provisional leaders. My told the children that their mother asked experienced. I hope that this testimony will grandfather’s dear friend was soon replaced. that they gather the hidden family wealth, play a small, yet significant part of our most The alteration of leadership happened in order to bail her out of jail. Their father’s basic human quest, that of human rights. abruptly, therefore the opportunity to mi- apprentice would take care of the procedure. grate was infeasible to all those who resided The eldest child my aunt, obliged in trust I thank you for taking on this endeavor. in Malatya. and showed my grandfather’s apprentice Through your actions, you assure that your As soon as my grandfather’s friend was re- where the wealth was hidden. The family character is great. For you not only honor placed as the military general of Malatya, wealth amounted to two barrels of 20,000 gold and love justice, but rather, work towards my grandfather was arrested and taken into coins. The average yearly salary in Malatya its fulfillment. custody. He had been imprisoned for two at the time of the Armenian Genocide was weeks when the chief of police gave him an two gold coins—the salary of 10,000 Turkish f ultimatum—abandon your religion or go workers. As the children eagerly awaited under the sword. My grandfather refused to their mother’s return, my grandfather’s ap- HONORING 100 YEARS OF renounce his religion therefore he was mur- prentice enjoyed the sudden lavishness of dered instantly. (This story was conveyed to wealth. Out of immense guilt, my aunt, the SCOUTING my father by those who were jailed with my eldest child of Nazareth DerTavitian became grandfather, they had converted in order to severely ill. She died at the age of 15. save their lives). A year after the murder of my grandfather HON. W. TODD AKIN Having been one of the more successful and grandmother, the Turkish police came residents of Malatya, my grandfather had an to the family home and took my father, his OF MISSOURI apprentice whom he regarded both as a two brothers and his sister into government IN THE HOUSE OF REPRESENTATIVES friend and apprentice. It was his way of giv- headquarters. They demanded that they con- ing back to the community, which until the vert to Islam or their fate would resemble Thursday, July 29, 2010 Genocide had offered him and his family the that of their parents. My father, now being utmost comfort and good. This friend was the eldest spoke for the entire family. He de- Mr. AKIN. Madam Speaker, this year marks aware of the wealth that was kept in my cided that the safety of his brothers and sis- the 100th anniversary of the Boy Scouts of grandfather’s home. He came to see if assist- ter was of the utmost importance. They all America. As Scouts from across America ance was needed, as he was not a Turkish-Ar- converted to Islam and circumcised in ac- gather this week for their 2010 National Scout menian, but rather a Turk by heritage. To cordance to Muslim tradition. They now held his surprise he found that my grandfather new identities, a new religion and new Jamboree, I rise to congratulate them on their had already been taken into custody, and my names. My father Kevork became Bakeer. long-standing success, and thank the Scouts grandmother was in hiding in the basement They continued to live in Malatya in hopes for all the work they have done over the years of the family home, she had escaped the of regaining the ownership of their father’s to build our young men into upstanding and mandatory deportation of Malatya. He as- land. They thought that that hopeful day trustworthy citizens.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.021 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1482 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 Over the past century, the Boy Scouts of degree from Stanford University, a Master’s health parity legislation. And we are providing America has become one of the brightest and degree from Georgetown University and a law more home- and community-based options for far-reaching youth-development organizations degree from UCLA. care. in our Nation with over four million youth Prior to coming to the Labor Council, Lorena Yet, we cannot sit back and become com- members in its age-related divisions. Indeed, worked as the Senior Advisor to the office of fortable with what we have achieved with— the Boy Scouts of America has become part the Lieutenant Governor of California. She and since—passage of the ADA. We know we of our national heritage. Since its founding in served as a consultant to the Commission on have much more left to do. Every person must 1910, more than 110 million Americans have Economic Development, and was the Lt. Gov- be guaranteed full access to safe housing, been members of the Boy Scouts of America. ernor’s principal advisor on policy issues deal- good jobs, educational opportunities, quality Committed to teaching traditional values of ing with labor, the environment, energy, and health care, cutting edge technology, and eco- trustworthiness, good citizenship, and out- infrastructure. nomic prosperity. Our great country can be doors skills through a wide range of chal- A member of the International Brotherhood made even greater by providing every person lenging, participation-based activities and edu- of Teamsters Local 36, Lorena worked as the with the opportunity to contribute and live cational programs, the BSA’s goal is to train Labor Council’s Political Director before being comfortably in their community. youth in responsible citizenship, character de- elected Secretary-Treasurer. She currently We must work to enforce the ADA, not re- velopment, and self-reliance. President Gerald serves on the Board of Directors for the Cali- ward those who disobey it. There is simply no Ford, a former Boy Scout himself once said, ‘‘I fornia League of Conservation Voters San excuse for anyone who violates the Americans can say without hesitation, because of Scout- Diego, the Center for Policy Initiatives, the En- with Disabilities Act; laws that protect the ing principles, I know I was a better athlete, I vironmental Health Coalition, and the United rights those living with disabilities are no less was a better naval officer, I was a better Con- Way of San Diego. Lorena also serves on the important and no different from any other legal gressman, and I was a better prepared Presi- Executive Council of the state California Labor protection. dent.’’ Federation as a Vice President and on the We have to make sure that the Community Part of the reason the Boy Scouts are so AFL–CIO Central Labor Council/California Choice Act is passed and implemented, to fur- successful is because they live by a law and Federation’s Advisory Board. ther expand the infrastructure so individuals an oath that bind them to the quest for moral- Nonetheless, Lorena’s most cherished title can get convenient, quality care in the settings ity and brotherhood. Indeed, the Boy Scout is that of mother. She lives in Pacific Beach that everyone prefers: at home and in our own Law is one we can all live by, ‘‘A Scout is with her two children—Tierra and Antonio. communities. trustworthy, loyal, helpful, friendly, courteous, f We must expand opportunities for independ- kind, obedient, cheerful, thrifty, brave, clean, ence. That is why I am the sponsor of H.R. and reverent.’’ RECOGNIZING 20TH ANNIVERSARY 1408, the Inclusive Home Design Act, to re- Today we can all say for certain that the OF AMERICANS WITH DISABIL- quire that new, single-family homes that get Boy Scouts of America have made our country ITIES ACT federal assistance meet minimum standards stronger, braver, and more optimistic, as many so those with disabilities can come and go SPEECH OF of its politicians, astronauts, businessmen and freely and seniors can age in place. This is a other hard-working citizens grew up in the or- HON. JANICE D. SCHAKOWSKY common sense solution that ensures livability ganization—including my own sons. OF ILLINOIS as well as sound economics. Building new It is a sincere pleasure to stand with the IN THE HOUSE OF REPRESENTATIVES homes that are accessible from the start cost Boy Scouts today, and recite an Oath which Monday, July 26, 2010 several hundred dollars, while retrofitting can for 100 years has marked our Nation: cost several thousand dollars or more—forcing ‘‘On my honor, I will do my best Ms. SCHAKOWSKY. Mr. Speaker, today some people to move into a nursing home. To do my duty to God and my country; marks 20 years since the historic Americans We must also expand the realms of access To obey the Scout Law; with Disabilities Act was signed into law. It is for people living with disabilities—especially to To help other people at all times; one of the most important pieces of civil rights new technologies that did not exist at ADA’s To keep myself physically strong, mentally legislation of the last quarter century. Passage inception. Therefore, I am also a sponsor of awake and morally straight.’’ of this groundbreaking law came as a result of H.R. 4533, the Technology Bill of Rights for Congratulations, Gentlemen! the efforts of legions of activists. I want to rec- the Blind Act, to require that consumer prod- f ognize two individuals, in particular, who made ucts like home appliances and office equip- ADA possible. The late Justin Dart, a true civil ment are manufactured so that they are fully LORENA GONZALEZ HONORED AS rights leader, was instrumental in the fight to accessible to blind consumers. 2010 LABOR LEADER OF THE YEAR! pass the law that made discrimination against On this 20th anniversary of the Americans people with disabilities illegal. He showed us with Disabilities Act, I wholeheartedly thank HON. BOB FILNER the path, and we continue to look to his les- the countless individuals who worked tirelessly OF CALIFORNIA sons as we chart new ground. His spirit is with to lay the groundwork for ADA in the decades IN THE HOUSE OF REPRESENTATIVES us on this anniversary and every day that we that preceded its passage. Without their pas- fight for justice for all. Thursday, July 29, 2010 sion and activism, we would not be celebrating I also want to recognize Marca Bristo, who today. I also thank those who continue the Mr. FILNER. Madam Speaker, I rise today has been an unflagging national leader in the fight, and I look forward to helping to build to recognize a very hard worker and devout fight for people living with disabilities. I am upon the enormous successes of the ADA—in labor leader in southern California. lucky to call her a friend but Bristo has also this Congress and in those to come. Lorena Gonzalez will be honored as the been a teacher. She has educated untold f 2010 Labor Leader of the Year at the 28th An- numbers of people, including me, by opening nual John S. Lyons Memorial Banquet in San our eyes to the barriers standing in the way of HONORING DR. RICHARD BURNEY Diego on September 11, 2010. people with disabilities. Bristo has been at the ON HIS RETIREMENT FROM THE In January of 2008, Lorena Gonzalez be- helm of Access Living of Metropolitan Chicago UNIVERSITY OF MICHIGAN came the secretary-treasurer and CEO for the for decades. As an organizer in the critical San Diego and Imperial Counties Labor Coun- work of disability rights years before the ADA HON. JOHN D. DINGELL cil, AFL–CIO. The Labor Council is a coalition was passed in Congress, she, too, was in- OF MICHIGAN of 129 local unions that represent more than credibly influential in creating and shepherding IN THE HOUSE OF REPRESENTATIVES 192,000 working families in the region. Upon the law to passage. her election, Lorena became the first woman Since ADA’s passage, we have taken many Thursday, July 29, 2010 and first person of color to serve as head of steps to build on its foundation—and we’ve Mr. DINGELL. Madam Speaker, I rise today the Labor Council since the organization’s in- accomplished many of our goals in recent to honor Dr. Richard Burney, who will be retir- ception in 1902. years. This includes a historic health care bill ing from the University of Michigan after 25 The daughter of an immigrant farm worker that will prevent insurance companies from de- years of distinguished teaching. Dr. Burney and a nurse, Lorena learned the value of hard nying coverage, dropping coverage, setting has provided exemplary service to the citizens work and determination at an early age. After discriminatory annual or lifetime limits on ben- of the State of Michigan through his tireless graduating from Vista High School in North efits, or charging higher premiums to people dedication both to treating acutely injured pa- San Diego County, she earned a bachelor’s with disabilities. We have passed mental tients and to training physicians in trauma care

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.022 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1483 through the direction of Advanced Trauma Life course of the games. Lonnie’s victory is the still inspired by these men and their mission to Support, ATLS, education at the University of product of hard work and a great deal of train- travel over 250,000 miles of dead space to Michigan. ing in Connecticut. All of this training hap- reach our closest celestial neighbor. I remem- Dr. Burney’s service to the citizens of the pened as Lonnie continued with his classes ber thinking then that humankind as a species State of Michigan in the development of emer- and work at Puffins restaurant in Groton. I is capable of true greatness. While wolves gency and trauma care has spanned the past have had the pleasure of eating at Puffins and howl at the moon, humans visit it. three decades. Since May 1982, Richard has Lonnie is very hard-working and pleasant for NASA has conducted many more space provided ATLS in the State of Michigan and all the customers. What a great role model for flights since that historic day, and it constantly has directed over 133 ATLS courses instruct- us all. strives to contribute to humanity’s knowledge ing thousands of Michigan physicians in the Stuart and Christopher also took home med- of the universe and ourselves. It inspired a principles and practice of caring for the acutely als playing tennis for Connecticut—winning generation to pursue careers in science and injured patient. Richard’s efforts earned him bronze and silver in singles, respectively. The engineering, and to believe in the power of recognition from the American College of Sur- Connecticut tennis team gave an excellent American society. Alone in that hotel room, geons, ACS, as State and Regional ATLS fac- performance and I am particularly proud of the watching TV, I certainly felt a lasting sense of ulty in 1988. strong eastern Connecticut contingent on that meaning—a connection to those three brave As a member and subsequent chairman of team. astronauts. Those astronauts represented, in the Michigan ACS Committee on Trauma be- Having attended ceremonies and events of that moment, America’s destiny. A destiny tween 1988 and 1994, Dr. Burney provided Special Olympics Connecticut, I am familiar shared by the thousands of men and women leadership in shaping improved quality and ac- with the good work they do. These competi- who worked to make it happen. cess to care initiatives for acutely injured pa- tions are, above anything else, about the ath- NASA’s efforts continue today, but their leg- tients in the State of Michigan. During his ten- letes who participate in them. We should be acy is already assured. From inspiring children ure on the National ACS Committee on Trau- grateful for the unique opportunity they provide to dream to inventing the water filter, NASA ma between 1994 and 2004, Dr. Burney par- and the overwhelmingly positive impact that has shaped American society in ways we can ticipated in the development of the National the competitions have on the lives of the ath- hardly begin to count. In this, the most com- Trauma Data Bank, which created the largest letes. I ask my colleagues to join me in con- petitive, technology-oriented century man has repository of data on the injured patient and gratulating Lonnie, Stuart, Christopher, and ever known, we are lucky to have an institu- enabled objective comparative research in every member of the Connecticut tennis team tion like NASA. An institution that will continue Trauma. for their hard work and victory at the National to spur us to achieve what was once thought Dr. Burney has authored 95 articles and Special Olympics. impossible. Central Florida is proud of NASA and all book chapters regarding the care of the in- f jured patient and has served on the Editorial that it has done. As a member of the Science Boards of the Journal of Trauma and The An- RECOGNIZING THE PROGRESS AND and Technology Committee, I have great re- nals of Emergency Medicine for 14 years INSPIRATION OF NASA spect and admiration for NASA’s contributions each. Between 1985 and 2009, Dr. Burney to space exploration. NASA has been, and served as chief of the Division of Emergency HON. ALAN GRAYSON continues to be, a positive and productive force for the advancement of our Nation’s in- Services, medical director of the Survival OF FLORIDA terests. I look forward to watching as they Flight team, and executive committee of the IN THE HOUSE OF REPRESENTATIVES continue to carry us into the future. Transportation Research Institute at the Uni- Thursday, July 29, 2010 versity of Michigan. f Mr. GRAYSON. Madam Speaker, I rise With accidental injury remaining the cause BEN HUESO HONORED WITH 2010 today to honor the incredible innovations and of the largest number of years of productive COMMUNITY SERVICE AWARD life lost in the United States, Dr. Burney’s re- inspiring achievements of NASA on the 52nd markable contribution to the expert treatment anniversary of their founding. As the world’s HON. BOB FILNER of acutely injured patients has saved countless space pioneers, NASA has pushed the boundaries of the possible, contributing significant OF CALIFORNIA lives. As a preeminent physician and pro- IN THE HOUSE OF REPRESENTATIVES fessor, Dr. Burney has shared his knowledge scientific discovery along the way. selflessly and has worked to advance a crucial NASA was established when President Ei- Thursday, July 29, 2010 medical field. Please join me in celebrating Dr. senhower signed the National Aeronautics and Mr. FILNER. Madam Speaker, I rise today Burney’s achievements and in recognizing his Space Act 52 years ago today. Soon after, to honor a very dedicated public servant on legacy of excellence, which will continue to NASA sent the first U.S. astronaut into space the San Diego City Council. City Council touch patients and students of medicine alike through Project Mercury—Alan B. Shepard, President Ben Hueso considers quality of life for years to come. Jr., and shortly thereafter, John Glenn became issues such as job creation, neighborhood liv- the first U.S. Astronaut to orbit the earth. f ability and protecting the environment his top NASA built upon this success with Project priorities this year. Since his 2006 election to HONORING LONNIE BRAXTON, STU- Gemini, collecting information on the San Diego City Council, Hueso has advo- ART ENGLISH, AND CHRIS- weightlessness, space docking, reentry, and cated for District Eight constituents and the TOPHER DUNCAN executing spacewalks. Finally, in 1969, Project city as whole as a Councilmember, developing Apollo fulfilled President Kennedy’s bold ambi- an open, consensus-building management HON. JOE COURTNEY tion to send a man to the moon before the style. As Council President, he schedules OF CONNECTICUT end of the decade. We all watched as Neil items for consideration by the Council, chairs IN THE HOUSE OF REPRESENTATIVES Armstrong took mankind’s first steps on the Council meetings, and selects committee moon and affirmed America’s place as the chairs and committee vice-chairs for approval Thursday, July 29, 2010 technological leaders of the modern world. by a Council majority. Mr. COURTNEY. Madam Speaker, I rise In words that were as poetic as the occa- In addition to serving as Council President, today to honor three incredible athletes from sion was meaningful, Armstrong said, ‘‘That’s Hueso chairs the Rules, Open Government eastern Connecticut. Lonnie Braxton III of New one small step for a man, one giant leap for and Intergovernmental Relations Committee, London, Stuart English of Madison, and Chris- mankind.’’ Buzz Aldrin quickly joined Arm- serves on SANDAG’s Borders Committee, and topher Duncan of Groton all competed in the strong on the moon as Michael Collins contin- as First Alternate for SANDAG’s Executive 2010 Special Olympics National Games in Lin- ued to circle overhead. I was 11 years old that Committee. He is San Diego County’s rep- coln, Nebraska earlier this month. These three day. I joined people everywhere in watching resentative for the League of California Cities tennis players, along with every other member and celebrating this tremendous collective ac- and sits on the Otay Valley Regional Park Pol- of Connecticut’s team, made our State proud complishment. I remember it clearly. My family icy Committee. Hueso recently completed his by bringing tough competition to their oppo- was on vacation, but I had persuaded my par- service as a Commissioner on the California nents and exemplifying sportsmanship. ents to let me stay in the hotel room alone all Coastal Commission, where he helped protect I want to congratulate Lonnie in particular day to watch the television, so I could see California’s coastal resources. for winning the gold medal in the singles com- these giant men take those giant steps. Their Prior to becoming a Councilmember, Hueso petition. He went undefeated in the division mission was a landmark moment for America, successfully owned and operated a small busi- and gave an incredible performance over the for the world, and for all time. Americans are ness in Logan Heights. His strong community

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.042 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1484 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 advocacy includes service as a member of the SOCIAL SECURITY TURNS 75 cent or more of their savings. Social Security Policy Chief’s Advisory Committee, founding recipients didn’t lose a nickel in benefits. Had the central Commercial District Revitalization HON. GEORGE MILLER previous efforts to privatize Social Security Corporation, belonging to the Inner City Busi- OF CALIFORNIA succeeded, seniors would have lost trillions ness Associations and serving as a board IN THE HOUSE OF REPRESENTATIVES more in the recent stock market meltdown and member for the Sherman Heights Community economic recession. The American people de- Thursday, July 29, 2010 Center. serve the income security they have earned. Hueso holds a bachelor’s of arts degree Mr. GEORGE MILLER of California. Madam In the wake of the current economic crisis, from the University of California, Los Angeles; Speaker, in just a few weeks, we will celebrate Social Security is more important than ever. he also completed postgraduate work in Com- the 75th anniversary of the enactment of the Social Security was created at a time when munity and Economic Development at San Social Security Act. the American economy had crumbled and was Diego State University. He and his wife, Americans have benefitted greatly from this struggling to recover. Pensions were almost Laura, live in Logan Heights with their four extraordinary program over the past 75 years. non-existent, and a majority of seniors were young sons. In fact, almost half of today’s elderly would live unable to support themselves after retirement. I am happy to join in honoring San Diego in poverty without it. It is the most successful Thanks to Social Security, millions of seniors City Councilman Ben Hueso with the Commu- domestic program in our nation’s history. today can live their lives with dignity and inde- nity Service Award presented to him at the There can be no better time to renew our pendence instead of poverty and despair. 28th Annual John S. Lyons Memorial Banquet commitment to defend this program, to reinvig- In December of this year, the President’s Bi- in San Diego on September 11, 2010. orate it and to do everything we can to ensure partisan Commission on Fiscal Responsibility that Social Security is funded, solvent, and will release recommendations on meaningful f available for generations to come. ways to improve America’s long-term fiscal From its very inception, Social Security was outlook, including the future of Social Security. THE NATIONAL DAY OF RECOGNI- a promise of economic security and stability I look forward to reading the report and re- TION FOR PARENTS OF SPECIAL for older Americans after a lifetime of hard viewing their recommendations to ensure that NEEDS CHILDREN RESOLUTION work. Over the years, that promise has been Social Security is strengthened, not weak- strengthened to protect Americans in case of ened. HON. DAN BURTON severe disability and the death of a bread- As we approach August 14, the date of the OF INDIANA winner as well. Year after year, Social Security 75th anniversary of Social Security, we can all IN THE HOUSE OF REPRESENTATIVES continues to deliver on that promise. For be grateful for the creation of this program and we can all rededicate ourselves to ensuring its Thursday, July 29, 2010 three-quarters of a century, through 13 recessions, Americans have been able to depend continued success. I remain committed to pre- Mr. BURTON of Indiana. Madam Speaker, I on benefits that arrive on time and in full. serving Social Security’s guaranteed, lifelong, rise today to introduce a resolution in support More than 50 million Americans rely on So- inflation-protected insurance benefits for retir- of a national day of recognition for parents of cial Security now. Six in 10 seniors rely on So- ees, disabled workers and their families, and special needs children. I am honored to have cial Security for more than half of their in- the survivors of deceased workers for genera- had the opportunity to work with my good come. And more than 6 million children—near- tions to come. friend Representative TURNER from Ohio in ly one in 10—receive part of their family in- f sponsoring this resolution. I encourage all of come from Social Security. CONGRATULATING SAVAGE PRECI- my colleagues to support it. For 75 years, we have stood by the pro- Children with special health care needs are SION FABRICATION, INC. FOR 2010 gram that we created: strengthening it in the UNITED STATES SMALL BUSI- defined as those children who have a chronic 1950s and ’60s, and preserving its solvency in physical, developmental, behavioral, or emo- NESS ADMINISTRATION SUBCON- the ’70s and ’80s. Now, as we all know, the TRACTOR OF THE YEAR tional condition that requires special health-re- retirement of the Baby Boom generation will lated services of a type or amount to go above create new and real challenges for Social Se- and beyond what is generally required for chil- curity. And we need to respond to those chal- HON. SAM JOHNSON dren. The Department of Health and Human lenges with innovative solutions that guarantee OF TEXAS Services’ most recent National Survey of Chil- the system’s long-term strength for genera- IN THE HOUSE OF REPRESENTATIVES dren with Special Health Care Needs esti- tions to come. Thursday, July 29, 2010 mates that 14 percent of children between the But make no mistake, opponents of Social Mr. SAM JOHNSON of Texas. Madam ages of 0 and 17 in the United States are di- Security have not given up their effort to un- Speaker, it is my pleasure to recognize Sav- agnosed as having special health care needs. dermine this great program. Republicans in age Precision Fabrication, Inc. of Wylie, As many in this Chamber already know, I Congress continue to deliberately exaggerate Texas. am active in promoting autism awareness and the system’s problems in an attempt to scare Founded by W.T. and JoAnn Gardner in advocating for more research; my only grand- the public into supporting the radical idea of 1975, and still run by the couple today, Sav- son is autistic and I have taken it upon myself privatizing Social Security. age Precision has been named the 2010 Sub- to learn about autism and the challenges fami- The Senior Republican on the House Budg- contractor of the Year by the United States lies face living with autism. Parents serve a et Committee, for example, unveiled his Par- Small Business Administration, SBA. This is critical role in the development of special ty’s plan to eliminate Medicare and privatize the fourth time that the company has earned needs children and in preparing them to suc- and cut Social Security, rehashing the failed a prestigious designation from the SBA. ceed in school and life. All too often, children policies that President George Bush tried to As a top-notch manufacturer of precision- with special needs require specialized services carry out but was stopped, thanks to Demo- machined and sheet metal components, Sav- that go well beyond those required by children cratic opposition in Congress. age serves a number of major aerospace and generally. I believe the time has come to rec- According to the Washington Post, ‘‘Some defense contractors, as well as high-tech cor- ognize the selfless dedication, compassion, GOP lawmakers also have endorsed [Rep. porations. In fact, the company proudly sup- and sacrifice of these parents. PAUL] RYAN’s alternative budget plan, which plies F–35 Joint Strike Fighter parts to Lock- The resolution is simple. It calls for recogni- would wipe out deficits in part by privatizing heed-Martin, playing a crucial support role for tion of the importance of honoring the Nation’s social security and replacing traditional Medi- our Armed Forces. parents of special needs children; that a Na- care benefits with an insurance voucher for Service to country has always been a pri- tional Day of Recognition for Parents of Spe- people age 55 and older.’’ ority at Savage Precision. The company’s cial Needs Children should be established to Their strategy poses a risk to all Americans, founder and CEO, W.T. Gardner, is a United honor such parents; and urges the President and experts concur that privatizing Social Se- States Army veteran. He and JoAnn grew their to issue a proclamation calling on the people curity will not solve the challenges facing the company through their belief in the American of the United States to observe such a day system. principles of honesty, loyalty, and hard work. with appropriate ceremonies, programs, and The recent economic meltdown on Wall From the moment they opened the doors of activities. Street reinforces the folly of trying to tie the Savage Precision, the couple’s company Again, I would like to encourage all of my Social Security Trust Fund to the ups and motto was, ‘‘If it doesn’t work, you don’t have colleagues to co-sponsor this critically impor- downs of a volatile stock market. When the to pay me.’’ That’s fair, that’s right, and that’s tant resolution. market crashed in 2008, investors lost 30 per- true commitment to excellence.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.024 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1485 As the company continues to excel, I am In the 111th Congress, we have built upon HUGH HAZELWOOD RECOGNIZED honored to congratulate the Gardners and the these efforts. Member-designated projects can AS 2010 FELLOWSHIP HONOREE! many outstanding employees of Savage Preci- play an important role in certain programs, sion Fabrication, Inc. The award-winning title such as the Federal-aid highway program. HON. BOB FILNER you’ve received from the Small Business Ad- They provide constituents with a chance to OF CALIFORNIA ministration this year is hard-earned and well- weigh in directly with their elected officials on IN THE HOUSE OF REPRESENTATIVES deserved. their community priorities, and allow Members God bless you, and I salute you. an opportunity to advocate for surface trans- Thursday, July 29, 2010 f portation and mobility improvements that may Mr. FILNER. Madam Speaker, I rise today MEMBER-DESIGNATED TRANSPOR- be overlooked by a State Department of to recognize Hugh Hazelwood, the Vice Presi- TATION AND INFRASTRUCTURE Transportation. Yet, it is also necessary to use dent of New Business Development for LIB- PROJECTS DATABASE INITIA- a commonsense approach to dealing with ERTY Dental Plan located in Irvine, California. TIVE projects that are complete or no longer viable. Together with his wife, Marsha, they strive to Earlier this week, on July 27, 2010, the House provide quality union negotiated benefits to passed, by a vote of 394–23, H.R. 5730, the union members throughout California and Ne- HON. JAMES L. OBERSTAR ‘‘Surface Transportation Earmark Rescission, vada. OF MINNESOTA Savings, and Accountability Act’’, introduced Liberty Dental Plan is currently 700,000 IN THE HOUSE OF REPRESENTATIVES by the gentlewoman from Colorado, Ms. MAR- members strong and employs union members Thursday, July 29, 2010 KEY, to clear the books of projects that will not to take care of their brothers and sisters con- Mr. OBERSTAR. Madam Speaker, I rise go forward and save taxpayer money. The bill cerns and needs. today to announce a new initiative to promote eliminates a total of $713 million in unobli- Hugh started his working career at a very transparency and accountability with regard to gated funding for 309 Member-designated young age in the family business in Albu- Member-designated projects within the juris- projects contained in four previous surface querque, New Mexico. Hugh learned early on diction of the Committee on Transportation transportation acts enacted over the past two that success is equated to giving back to and Infrastructure: a searchable database of decades. Similarly, during consideration of worthwhile charities and the community and all Member-designated projects included in H.R. 4715, the ‘‘Clean Estuaries Act of 2010’’, dedication to his employer. Committee on Transportation and Infrastruc- in the House in April of this year, I offered an Hugh’s past volunteer endeavors have in- ture bills. amendment, which the House adopted, to cluded The Association for the Research of On the first day of the new Democratic ma- strike the statutory earmarks included in the Childhood Cancer, The Leukemia Society, and jority of the 110th Congress, under the leader- National Estuary Program under current law. various food banks. He currently serves as a ship of Speaker NANCY PELOSI, the House of In addition, the Committee has adopted a Vice President on the Board of Directors for Representatives adopted Rules to institute series of Member-designated project reform Guide Dogs of America. specific requirements with regard to Member- principles to further promote transparency and Marsha and Hugh were married on Valen- designated projects: congressional earmarks, accountability. The Committee requires Mem- tine’s Day in 1998, and enjoy working to- limited tax benefits, and limited tariff benefits. bers of Congress to: gether. Liberty Dental Plan allows them the See clause 9(e), 9(f), and 9(g) of rule XXI of Provide specific information on the type, lo- time and resources to give back to the com- the Rules of the House of Representatives of cation, total cost, percentage of total cost of munity. the 111th Congress. For each Member-des- the project, that the request would finance, For his many years of dedicated service to ignated project, a Member of Congress must and benefits of the project; the organized labor movement and to our certify that neither the Member nor his or her Provide at least one letter of support for the community, I am pleased in joining others to spouse has a financial interest in the project. project from state or local government agen- honor Hugh Hazelwood as the Fellowship See clause 17 of rule XXIII. In addition, each cies; certify that neither the Member nor his or Honoree at the 28th Annual John S. Lyons committee report on a bill must identify any her spouse has any financial interest in a Memorial Banquet in San Diego on September congressional earmarks included in the bill. project requested; and 11, 2010. These transparency and accountability re- Post requests for projects on the Member’s f quirements also apply to manager’s amend- website. ments and Conference Reports. As Chairman Today, the Committee on Transportation CONGRATULATIONS TO AMERICAN of the Committee on Transportation and Infra- and Infrastructure takes another step in its LEGION LEON OGIER POST NO. 2 structure, I have vigorously enforced these continuing effort to provide unparalleled trans- rules. parency and accountability of Member-des- HON. IKE SKELTON In addition, in the interests of full disclosure, ignated projects. We launch a searchable OF MISSOURI transparency, and accountability, the Com- database of all Member-designated projects IN THE HOUSE OF REPRESENTATIVES mittee on Transportation and Infrastructure, at included in Committee on Transportation and my direction, requires Members of Congress Infrastructure bills in the 110th and 111th Con- Thursday, July 29, 2010 to comply with all of the requirements of gresses. Mr. SKELTON. Madam Speaker, it has clause 9 of rule XXI and clause 17 of rule The Member-designated projects database, come to my attention that on August 7, 2010, XXIII, even if the earmark rules do not apply, located on the Committee on Transportation the American Legion Leon Ogier Post No. 2 if the Member of Congress requests that the and Infrastructure website, includes the ability will celebrate the 100th anniversary of the Committee take legislative action targeted to a to search Member-designated projects by construction of Memorial Hall, a place the post specific State, locality, or Congressional dis- Member of Congress, State, Congressional has called home since 1922. This sturdy build- trict. For instance, the Committee requires district, bill, bill title, and amount. Each Mem- ing befits an organization that has provided Members to certify requests for corrections to ber-designated project includes an electronic unwavering service to the Nevada community descriptions of previously designated projects, copy of the individual ‘‘no financial interest’’ for more than 8 decades. such as corrections to high-priority projects certification of the Member of Congress and, Completed in 1910, Memorial Hall was origi- that were included in the Safe, Accountable, beginning with H.R. 5892, the ‘‘Water Re- nally constructed by the citizens of Vernon Flexible, Efficient Transportation Equity Act: A sources Development Act of 2010’’, a copy of County to be the home of Company G of the Legacy for Users—Technical Corrections Act a letter from the state or local government ex- Fifth Regular Missouri National Guard, the of 2008 (P.L. 110–244), even though the cor- pressing support for the project. Finally, the company that ably fought in the Spanish- rections do not involve any new funding. See Committee makes copies of all Member-des- American War. Twelve years later, the building Committee Print 110–175. The Committee ignated project requests available in the Com- was deeded to the American Legion Leon also requires Members to certify requests for mittee office. Ogier Post No. 2 and was renamed Memorial General Services Administration, GSA, Capital As Chairman, I am deeply committed to Hall. Investment and Leasing Program Resolutions, transparency and accountability in all of the It is fitting that a structure which has stood GSA Public Building Project Survey Resolu- activities of the Committee on Transportation the test of time bears the name Memorial Hall. tions, and U.S. Army Corps of Engineers Sur- and Infrastructure. I look forward to working This building and the American Legion post vey Resolutions, even though congressional with public interest groups to endeavor to find housed within are enduring testaments to the earmark rules do not apply to these Com- even more ways to shine a light on the actions men and women who lost their lives in de- mittee actions. of our Committee. fense of our country and to those who have

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.047 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1486 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 returned from battle to once again serve our By Seoul’s official account 494 South Kore- Center for Medicare Advocacy, as well as communities. While our Nation’s veterans may ans, mostly fishermen, were seized in the bring to light a coverage issue that the agency stop wearing the uniform of the Armed Forces, Cold War decades following the war. Seoul has been worked on for years: lengthy hos- also says more than 500 prisoners of war were these brave men and women never stop serv- pital observation stays. never sent home after the Korean War armi- Earlier this summer, I had discussions with ing. And, it’s comforting to know that the stice was signed on July 27, 1953. American Legion is dedicated to providing North Korea denies holding any south- leaders of the Center for Medicare Advocacy support and stability to these veterans. erners against their will, even though some about lengthy hospital observation stays which The Leon Ogier Post No. 2 has become a have managed to escape from the hunger- has inhibited care for Medicare beneficiaries. fixture of the Nevada community. From the an- stricken country. Excessive time on hospital observation status nual kids Christmas program, a tradition that f has been shown to create two potential prob- dates back to 1922, to the meal delivery pro- lems for Medicare beneficiaries. First, pre- SECURING AIRCRAFT COCKPITS gram during the holidays, this post has set a scription drugs administered in the hospital AGAINST LASERS ACT OF 2010 high standard of service. The fabric of the during an observation stay are not included in the inpatient deductible cap, which can easily community is strong due in no small part to SPEECH OF the Leon Ogier Post No. 2. become unaffordable for patients and their Madam Speaker, on the occasion of the HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. families if the medications are not included in 100th anniversary of the construction of Me- OF GEORGIA the beneficiary’s Part D formulary. Secondly, morial Hall, let us all take a moment to thank IN THE HOUSE OF REPRESENTATIVES time spent on observation status in a hospital is not counted towards the three-day inpatient our veterans and the organizations that sup- Tuesday, July 27, 2010 port them. As we celebrate this important mile- hospital stay required for the beneficiary to re- stone, I trust my fellow members of the House Mr. JOHNSON of Georgia. Mr. Speaker, I ceive skilled nursing care. Both potential con- will join me in wishing the American Legion rise today to express my support for H.R. sequences create financial and care burdens Leon Ogier Post No. 2 the very best in the 5810, which amends title 18 of the United for Medicare beneficiaries. next 100 years. States Code to provide penalties for aiming Earlier in the month, I met with the Renshaw family from my district that had been f laser pointers at airplanes. The effect of laser pointer glare on the windows of airplane cock- negatively affected by a lengthy hospital ob- CHINA’S UTTER DISREGARD FOR pits is extremely dangerous to pilots. Laser servation status. After falling and breaking his BASIC HUMAN RIGHTS glare that incapacitates pilots can endanger all hip, Mr. Renshaw, an elderly Medicare bene- other people onboard the aircraft. In order to ficiary, was taken to a local hospital treatment HON. FRANK R. WOLF prevent unnecessary harm to pilots, airplane where he was subsequently put on observation status. He remained in the hospital for OF VIRGINIA passengers, and other airline employees, de- four days. After he was released, Mr. IN THE HOUSE OF REPRESENTATIVES liberate aiming of laser pointers at airplanes must be regulated. Renshaw required skilled nursing care for his Thursday, July 29, 2010 Pilots experience laser glare in cockpits at a rehabilitation. However, because Mr. Renshaw Mr. WOLF. Madam Speaker, I submit an rate that has steadily increased over the past was placed on observation status instead of AFP article detailing a tragic story which illus- fifteen years. In 2009 alone, 1600 individual admitted officially as an inpatient, his time in trates the Chinese government’s callousness laser-aircraft incidents occurred. The intensity the hospital did not count towards the Medi- and utter disregard for basic human rights. with which laser light reflects off cockpit glass care three-day hospital stay required for AFP reports that China repatriated an 81- can result in varying degrees of danger for pi- skilled nursing care. His family was forced to year old former South Korean prisoner of war lots, from simple distraction by the bright flash write a check for nearly $10,000 in order to who fled North Korea literally decades after of laser light to temporary flash blindness that get him the care that he needed because first being captured. greatly reduces their ability to capably navi- Medicare would not cover this benefit. China regularly repatriates North Korean ref- gate the aircraft. If the laser light is aimed In response to the Center for Medicare ugees, in violation of their international obliga- from a near enough distance, pilots can sus- Advocacy’s vigilance on this issue and the ex- tions oftentimes sending these individuals tain permanent eye damage from the bright- periences shared with me by the Renshaw back to certain punishment and possible ness of the laser light. In some cases, pilots family, I am introducing the Improving Access death. The Chinese government simply have even taken evasive action, confusing the to Medicare Coverage Act. My legislation will doesn’t care. laser light for the dot-type laser reticle of a fix this unfair component of Medicare law that arbitrarily differentiates between patients on in- CHINA SENDS S. KOREAN POW BACK TO N. weapon. KOREA Eleven states have already enacted laws patient versus observation status with obtaining necessary skilled care. The Improving Ac- SEOUL.—China has repatriated an 81-year- regulating the use of laser pointers around air- old former South Korean prisoner of war who craft. While the use and ownership of small cess to Medicare Coverage Act will count a had fled North Korea decades after being laser pointers is legal, this legislation is vital to beneficiary’s time on observation towards the captured, a newspaper report and an activist preventing laser pointer users from acciden- three-day hospital stay requirement for skilled said Tuesday. tally harming or incapacitating pilots. I support nursing care. And while my legislation does Dong-A Ilbo quoted an unidentified govern- this bill, in the hope that it will help Americans not address the challenges associated with ment official as saying the man surnamed unaffordable out-of-pocket prescription drug Jung was sent back despite intensive diplo- to be more careful in their use of laser pointers, and realize the grave consequences their and other costs associated with lengthy hos- matic efforts by Seoul to bring him to the pital observation stays, I look forward to work- South. actions can have for our Nation’s pilots and A foreign ministry spokeswoman said she aircraft passengers. ing with the Center for Medicare Advocacy on had no information. I urge my colleagues to also support this im- finding a long-term solution to this urgent ‘‘The government made tremendous diplo- portant resolution. problem. matic efforts but he was eventually sent f f back to the North,’’ the source was quoted as saying. INTRODUCTION OF THE IMPROV- HONORING KATHLEEN South Korea had contacted Chinese diplo- ING ACCESS TO MEDICARE COV- SCHUERMANN matic authorities more than 50 times since ERAGE ACT Jung’s arrest, the daily said. HON. STEVE DRIEHAUS Choi Sung-Yong, an activist who cam- OF OHIO paigns for the return of South Korean HON. JOE COURTNEY IN THE HOUSE OF REPRESENTATIVES abductees, said Jung was forcibly returned OF CONNECTICUT to the North in September last year, about a Thursday, July 29, 2010 IN THE HOUSE OF REPRESENTATIVES month after being arrested in China where Mr. DRIEHAUS. Madam Speaker, today I he was hiding. Thursday, July 29, 2010 want to recognize the 100th birthday of some- He said Jung was arrested eight days after he fled the North with the help of South Ko- Mr. COURTNEY. Madam Speaker, today on one who is not only a constituent of mine, but rean activists. the eve of Medicare’s 45th anniversary, I rise a woman very dear to my heart, my great China repatriates escapees from North to recognize the tireless work and fierce vigi- aunt, Kathleen Schuermann. Korea as illegal immigrants even though lance of an organization that has prioritized Our family will soon gather to mark this oc- they can face harsh punishment back home. the care needs of Medicare beneficiaries, the casion, and there’s so much to celebrate.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.049 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1487 Over the past century, Aunt Kathleen has lished the first African-American Boy Scout Kill a Mockingbird’’ every April and May in been a public servant in the State Liquor De- Troop in Norfolk in 1930 and the first African- Monroeville, Alabama, Lee’s hometown. The partment and Hamilton County Juvenile Sher- American Girl Scout Troop in 1935. players have performed at both home and iff’s Department. She has been a ballet teach- The growth of St. John’s in the second half abroad including performances in Chicago, er to a generation of young dancers in Cin- of the century mirrored our country’s growth. Washington, D.C., the United Kingdom and cinnati. She has been a proud supporter of the The church building underwent a massive ren- Israel. Ancient Order of Hibernians, and a faithful pa- ovation in 1956. The church’s growth helped it One of the novels best known quotes is, rishioner at Holy Cross-Immaculata. She has to pay off the mortgage of the parsonage, in- ‘‘Lawyers, I suppose, were children once.’’ been the loving mother of seven children, stall air conditioning, and buy buses, pianos, This quote and her character, Atticus Finch, grandmother of 21, and great-grandmother of organs and robes for new choirs. have inspired lawyers for the past 50 years, 36. Over the last 25 years, St. John’s has con- including myself. Though she was born ten years before tinued to both grow and stay relevant in the For those who have read ‘‘To Kill a Mock- women in America had the right to vote, Aunt community. The church has started many new ingbird’’ you may remember Scout’s first grade Kathleen has her whole life embraced and ministries to address the needs of both its teacher was Miss Caroline Fisher. On Scout’s extolled the importance of civic involvement. members and its Downtown Norfolk neighbor- first day at school, Miss Caroline Fisher intro- Whether working the polls or attending presi- hood. An education building conceived earlier duced herself proudly saying, ‘‘I am Caroline dential inaugurations, advocating to save Cin- was finally built, and the church created a So- Fisher. I am from North Alabama, from Win- cinnati’s streetcars or offering her own brand cial Service Outreach Program, the Hope Out- ston County.’’ Being born and raised in Win- of political advice, Kathleen remains an exam- reach Ministry, and the Medical and Wellness ston County, which is a small rural county in ple of the sort of concerned and active citizen- Ministry. In 1986, St. John’s A.M.E. was reg- North Alabama. I remember being surprised to ship we too seldom see. As a public servant, istered as a Virginia Historic Landmark. St. see my home county mentioned as I first read I draw inspiration from her undimmed interest John’s has taken care to develop programs for the book as a law student at Samford Univer- in governance and community. the next generation of its members, recently sity’s Cumberland School of Law. From that We can be certain in coming weeks to see revitalizing its Children’s Choir, and estab- day forward ‘‘To Kill a Mockingbird’’ has been Aunt Kathleen at the Immaculata church fes- lishing both a Nursery and Young Adult Choir. a favorite of mine, not only because my home tival or making the rounds at the Delhi Senior St. John’s has had numerous pastors over county was mentioned but most importantly Center. And so, on her 100th birthday, we not its history, and many members have left St. because the message the book articulates. only reflect on her life’s journey thus far, but John’s to enter the priesthood and to preside Nelle, as she is affectionately known by her we look forward to the days ahead. over congregations of their own. In addition to friends, was awarded the Presidential Medal Happy birthday, Aunt Kathleen. First Pastor Rev. Brown, a selected list of pas- of Freedom on November 5, 2007 by Presi- f tors includes: Rev. W.D. Cook; Rev. J.R. dent George W. Bush. Johnson; Rev. Walter L. Hildebrand; Rev. A.R. Besides ‘‘To Kill a Mockingbird,’’ Lee also THE 170TH ANNIVERSARY OF ST. Powell; Rev. Walter C. Davis; Rev. L.W. penned ‘‘Christmas to Me’’ and ‘‘When Chil- JOHN’S A.M.E. CHURCH Knight, Sr.; Rev. Larry S. Hinton; and the cur- dren Discover America’’ for McCall’s Magazine rent pastor, Rev. John D. Burton. in the 1960s. HON. ROBERT C. ‘‘BOBBY’’ SCOTT As St. John’s gathers to celebrate this his- Miss Lee is a national treasure and I am OF VIRGINIA toric milestone, the church can truly remember proud to cosponsor and vote for Mr. BONNER’s IN THE HOUSE OF REPRESENTATIVES its past, celebrate its present, and focus on resolution, H. Res. 1525, honoring the 50th Thursday, July 29, 2010 the future knowing in the words of Rev. Burton anniversary of ‘‘To Kill a Mockingbird.’’ that ‘‘Everything is going to be alright!’’ I would f Mr. SCOTT of Virginia. Madam Speaker, I like to congratulate Rev. Burton and all of the rise today to congratulate a storied institution members of Saint John’s African Methodist THE BOY SCOUTS OF AMERICA of faith in the Third Congressional District. Episcopal Church on the occasion of their This year, Saint John’s African Methodist Epis- 170th anniversary. HON. DAVID G. REICHERT copal (A.M.E.) Church is celebrating its 170th f OF WASHINGTON anniversary, and I would like to highlight some IN THE HOUSE OF REPRESENTATIVES moments from the history of the church and its TRIBUTE TO NELLE HARPER LEE contribution to our community. AND THE 50TH ANNIVERSARY OF Thursday, July 29, 2010 St. John’s was organized in 1840 within the HER PULITZER PRIZE WINNING Mr. REICHERT. Madam Speaker, I rise old Cumberland Street Methodist Episcopal NOVEL ‘‘TO KILL A MOCKING- today in recognition of the 2010 National Church in Norfolk. The land where the church BIRD’’ Scout Jamboree that concluded at Fort A.P. now stands was purchased for just $450 in Hill, near Fredericksburg. Thousands upon 1848. The church disconnected from the HON. ROBERT B. ADERHOLT thousands of Boy Scouts, Troop masters, and Methodist Episcopal Church in 1863 and was OF ALABAMA other staff and family descended on the great- formally received into the African Methodist IN THE HOUSE OF REPRESENTATIVES er DC area to join together and celebrate the Episcopal Church in 1864. Elder John M. 100th Anniversary of the Boy Scouts of Amer- Brown was the Church’s first pastor. Thursday, July 29, 2010 ica. The church grew rapidly. Additional land to Mr. ADERHOLT. Madam Speaker, July Madam Speaker, the Boy Scouts of America erect a parsonage was bought in 1865, and 2010 marks the 50th Anniversary of Nelle make positive contributions in every commu- the church was enlarged twice between 1868 Harper Lee’s novel ‘‘To Kill a Mockingbird.’’ nity around the United States. Boy Scouts vol- and 1888. In 1888, the present church building First published on July 11, 1960, ‘‘To Kill a unteer many hours to improve their commu- on Bute Street was erected. St. John’s exterior Mockingbird’’ has since sold over 30 million nities, enhance the environment, and help has stood nearly unchanged since then. copies and has been published in over 40 lan- those in need. In their dedication to service to St. John’s flourished in Norfolk during the guages. others, Scouts never shy away from a chal- turn of the century. The church was the first During the past 50 years the world has seen lenge. African-American congregation in Norfolk to in- many changes but one thing still remains con- I trust the Jamboree that just concluded was stall a pipe organ. The parsonage was com- stant—‘‘To Kill a Mockingbird’’, the novel that a successful and joyous one, Madam Speak- pleted, and in 1908 St. John’s had reached inspired children and adults in 1961 is still in- er. The Boy Scouts of America, as an organi- such a level of prominence as to host the spiring a new generation of children and zation, has a lot to be proud of and celebrate. General Conference of the entire African adults today. Few novels have such timeless Every former and current Scout should be Methodist Episcopal Church. and universal appeal. proud of their contributions to humanity and St. John’s continued to grow in the early ‘‘To Kill a Mockingbird’’ has received numer- their community. The Jamboree encouraged twentieth century. Its membership grew to ous awards including the Pulitzer Prize in participants to ‘‘Be Prepared’’ as they antici- over 1000, and two new churches grew from 1960 and the film adaptation received three pate the challenges of life and continue to act it. This rapid growth helped the church burn its Academy Awards and three Golden Globe as leaders at home and school. Ultimately, mortgage after just 46 years in 1915. Along Awards in 1962. Madam Speaker, the Jamboree ‘‘Inspire[d] with its internal growth, St. John’s was also The Mockingbird Players, an amateur the- every participant to return to their home, troop, active in the community. The church estab- ater group, perform the dramatization of ‘‘To chartered organization, and community telling

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.054 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1488 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 the story of the freedom that is ours and the He also noticed a Jesus souvenir sitting be- Foster care parents such as the Leons and greatness of the United States of America.’’ hind the counter. The patrons and staff of the the Kilgores recognize that all children de- I want to offer my heartfelt congratulations restaurant were accustomed to the display, serve a home that will shelter them from the to the Boy Scouts of America on their very claiming that it allowed them to exhibit their trauma and stress of their young lives. These special 100-year milestone. Madam Speaker, patriotism and religious affiliation. The cor- families have made it their mission to provide the Boy Scouts of America prepare our young porate employee, however, was less than these children with the opportunity to move on men for lives of leadership and selflessness. I pleased, perceiving the actions as a breach of from their often difficult pasts and benefit from applaud the organization for its longevity and the conditions and the typical practice of the caring and supportive guardians. This founda- commitment to service. franchise owners. An extension on license tion truly creates the groundwork for a mean- f agreement was signed, and both parties ingful, enriching life. agreed to extend through November 30, 2009. Organizations like Devereux have proven HONORING THE SWISHER FAMILY, This past October, Davis received a letter enormously successful at changing the lives of ARKANSAS FAMILY OF THE YEAR stating that his franchise agreement would end some of our state’s most at-risk youth, helping on December 31. them find stable homes and setting thousands HON. JOHN BOOZMAN Rather than altering the atmosphere of his of children on the right path in the face of tre- OF ARKANSAS establishment to conform to the politically cor- mendous difficulty. rect request of the corporation, Davis decided IN THE HOUSE OF REPRESENTATIVES I would like once more to thank Rudy and to ‘‘stand up for God’’ and continue the dem- Eva Leon and Lonnie and Marilyn Kilgore for Thursday, July 29, 2010 onstration of his beliefs, despite the attempts their hard work, deep commitment and deter- Mr. BOOZMAN. Madam Speaker, I would of the company to silence them, so he parted mined sacrifice to the children of Arizona. like to recognize the Swisher family, who have ways with Sonny’s. True to his word, he stuck Their long-standing dedication to the future of been named Arkansas Family of the Year by with his convictions, and the display of Amer- children and impact on their communities are the state Knights of Columbus council. ican patriotism and religious faith are still a an example of selfless dedication to us all. Brian and Gail Swisher have persevered part of the restaurant’s atmosphere today. f and sacrificed to allow their son Michael the While the basic restaurant has changed, Mr. opportunity to accomplish his dreams and Davis is no longer a franchise owner, but a HONORING CARL MESCHER goals, specifically gaining Eagle Scout status, sole proprietor. The restaurant is now called despite his cerebral palsy, which he was diag- ‘‘The Smokehouse Restaurant.’’ Davis affirms HON. JOHN SHIMKUS nosed with at birth. The Swisher family truly that, aside from the name change, everything OF ILLINOIS deserves recognition for being the Knights of at the establishment will remain in place. I IN THE HOUSE OF REPRESENTATIVES Columbus Family of the Year because of their commend Bill Davis for ‘‘standing up for God,’’ Thursday, July 29, 2010 resiliency and passion in teaching their son and I also support Sonny’s right to set the Mr. SHIMKUS. Madam Speaker, I rise today that no matter what physical condition he is in, rules for their franchise. They have a contrac- to honor Carl Mescher of Metropolis, Illinois. he can still accomplish whatever he tries at, tual right to set the rules, but sometimes, as Mr. Mescher will turn 90 on August 12, 2010. even though he has been confined to a wheel- businesses grow and become prosperous, A reception to celebrate his birthday is being chair since he was a little boy. they have to play it safe, conforming to polit- held in Metropolis on August 8, 2010. Michael Swisher is an inspiration to all of us ical correctness and avoiding anything that could potentially raise an eyebrow. Thus, the Mr. Mescher grew up on the family farm, with his determination to overcome his ailment where he still raises cattle and crops. He and complete the tasks necessary to become straightjacket of public opinion and the murky center of legal conformity play an increasing served in the United States Navy from June an Eagle Scout. Michael Swisher and the en- 1940 to July 1946, where he achieved the tire Swisher family are an inspiration and a role in decision-making. Some corporations, such as Graco, Domino’s, and Chick-fil-A, rank of Chief Petty Officer. He was assigned heartfelt story that should be commemorated to the USS Pennsylvania, which was in Pearl throughout the nation for their passion, com- have stood tall and should be commended. The decision to run family friendly and patri- Harbor on December 7, 1941. Mr. Mescher mitment and desire. They truly are deserving manned the telephone connected directly to of the recognition Arkansas Family of the otic operations is what makes America thrive. It seems as if Davis’ decision to stick to these the bridge during the attack. Year. On December 20, 1941, the USS Pennsyl- f values will likely pay off, as many local patrons have insisted that they will continue to vania was sent to San Francisco for repairs of COMMENDING BILL DAVIS FROM dine at the restaurant on a regular basis. damage caused during the attack with Mr. Mescher on board. He then served as an ob- TIFTON, GEORGIA f servation plane radioman-gunner and partici- HONORING RUDY AND EVA LEON pated in missions to retake the islands. He HON. JACK KINGSTON AND LONNIE AND MARILYN KIL- was awarded the Air Medal for courageous OF GEORGIA GORE action in the Pacific theater at Makin, Kwaja- IN THE HOUSE OF REPRESENTATIVES lein, and Eniwetok Atoll. Thursday, July 29, 2010 HON. RAU´ L M. GRIJALVA I am honored to thank Mr. Mescher for his service to our nation. May God bless him with Mr. KINGSTON. Madam Speaker, today I OF ARIZONA continued health and happiness. rise to commend Bill Davis from Tifton, Geor- IN THE HOUSE OF REPRESENTATIVES gia. Thursday, July 29, 2010 f For 20 years, Bill Davis owned a Sonny’s Mr. GRIJALVA. Madam Speaker, I rise IN SUPPORT OF H.R. 2480, THE barbeque franchise in Tifton, Georgia. After today to recognize the unyielding commitment TRUTH IN FUR LABELING ACT his 22-year license for the franchise expired in of two families to caring for and improving the OF 2009 2007, Mr. Davis met with corporate officials to lives of foster care children in Arizona. discuss a new condition of their agreement. Rudy and Eva Leon have been licensed fos- SPEECH OF The company asked Davis to initiate the sell- ter care parents for 45 years and were re- HON. SAM FARR ing of beer, wine, and liquor drinks in the res- cently honored by former Governor Janet OF CALIFORNIA taurant in order to fully comply with corporate Napolitano for being the longest serving foster IN THE HOUSE OF REPRESENTATIVES standards. Davis refused, claiming that his parents in the state of Arizona. They have restaurant was family-oriented and suggesting spent the past 17 years serving the children of Wednesday, July 28, 2010 that the initiation of alcoholic sales could de- Devereux Arizona. The Leons have selflessly Mr. FARR. Mr. Speaker, I rise today in tract from the family environment. It was the provided over 200 children with a safe and strong support of H.R. 2480, the Truth in Fur first of a philosophical divergence. More would loving home environment. Labeling Act of 2009. This bill will amend the come. Lonnie and Marilyn Kilgore began their serv- Fur Products Labeling Act of 1951 to close the On October 18, 2008, an individual from the ice assisting foster care children in the Juve- loophole that allows the sale of products con- corporate office visited the establishment. nile Court Foster Care Program of Arizona. taining a relatively small quantity of fur or fur There, he found the employees wearing white Since that time, they have been licensed with that is valued at $150 or less. T-shirts with an American flag logo and the Devereux for the past 16 years, during which The current loophole denies consumers the words ‘‘I Pledge . . . I Pray’’ written on them. they have cared for 47 children. right to know what their garment is really

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.058 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS July 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1489 made of. It may say ‘‘faux’’ but this may not He is survived by six children, Lorenzen Jr., HONORING THE FRANK L. MITCH- be accurate. Consumers who may have aller- Loren, twins Lamar and Shamar, Lawson and ELL POST 3335 OF THE VET- gies to fur or ethical objections to fur cannot Sofia, his parents Herb Wright and Deborah ERANS OF FOREIGN WARS make informed purchases. Our constituents Marion and a host of family and friends. have the right to know what they are pur- Lorenzen Wright’s passing is a great loss to HON. MICHAEL H. MICHAUD chasing and wearing. our city and the basketball world. I will miss OF MAINE This bill was introduced in response to a se- him as a friend and appreciate all he did for IN THE HOUSE OF REPRESENTATIVES ries of investigations of fur products sold at Memphis.÷ Thursday, July 29, 2010 major retailers across the country. This inves- f tigation found that a significant number of Mr. MICHAUD. Madam Speaker, I rise HONORING DON EUCARIO clothes designers and retailers were selling today to honor the Frank L. Mitchell Post 3335 BERMUDEZ some fur-trimmed garments that were de- of the Veterans of Foreign Wars as they cele- scribed as faux when actually they turned out brate their 75th anniversary. to be real fur. This legislation is about trans- HON. MARIO DIAZ-BALART The mission of Veterans of Foreign Wars is parency and providing consumers with accu- OF FLORIDA to honor the dead by helping the living, and rate information on what they’re buying. IN THE HOUSE OF REPRESENTATIVES the Frank L. Mitchell Post 3335 in Jay, Maine, This legislation simply requires that fur- Thursday, July 29, 2010 has spent the past 75 years meeting this goal. trimmed garments meet the same labeling Mr. MARIO DIAZ-BALART of Florida. Post members have honored their fallen com- standard already in place for fur garments of Madam Speaker, this month Colombia cele- rades in the community and have strived to a higher dollar value. It does not affect the brates 200 years as a sovereign nation. As we ensure that all veterans receive the benefits trade in any animal fur or the methods used congratulate our democratic ally and friend on they deserve. The Post honors those who re- to produce animal fur. The legislation also its bicentennial, it is fitting that we also honor main Prisoners of War or Missing in Action asks the Federal Trade Commission to review some of Colombia’s finest, and among them, and ensures that the community never forgets the Fur Products Name Guide and ensure ac- is Eucario Bermudez. the sacrifices of these service members and curacy and consistency of species names. This distinguished journalist got his start as their families. I supported this legislation in the 110th Con- a broadcaster, radio host and General Director Post 3335 helps improve the civic engage- gress, and strongly support it today. of Radio Caracol Colombia. While in Colom- ment of its community by sponsoring the local Mr. Speaker, I want to strongly add my sup- bia, he also produced and directed various TV Patriot’s Pen competition. This essay writing port to H.R. 2480, the Truth in Fur Labeling programs, earning him the ‘‘Premio Ondas de competition is designed to foster patriotism by Act of 2009. Espan˜a’’ a prestigious award for journalism giving students in grades six, seven and eight f given by Spain. In 1981, he moved to Miami, the opportunity to write essays expressing expanding the radio station to the United their views on democracy. Additionally, their HONORING THE LIFE OF States. He established Radio Klaridad, which homecoming celebrations continue to provide LORENZEN WRIGHT later became Radio Calidad and is now a Jay with occasions to come together as a days the very popular Radio Caracol in South community. HON. STEVE COHEN Florida. He has since been director of the sta- The people of Jay know firsthand the impor- OF TENNESSEE tion, which together with its sister station tant role Post 3335 has played in the life of IN THE HOUSE OF REPRESENTATIVES Radio Caracol Colombia, broadcasts news in their town. Through their countless hours of Thursday, July 29, 2010 both the United States and Colombia. volunteer work and remarkable commitment to Don Eucario also oversees community rela- our veterans, the members of Post 3336 have Mr. COHEN. Madam Speaker, I rise today tions for Radio Caracol, leads the news de- been a shining light to some of our nation’s to honor the life of Memphian and NBA star partment, and continues to broadcast daily on most deserving citizens. Lorenzen Wright. Mr. Wright was born in his show ‘‘The Voice of the Community,’’ as Madam Speaker, please join me in con- Memphis, Tennessee and attended the his- well as the noon news cast. He does so with gratulating the members of the Frank L. Mitch- toric Booker T. Washington High School. After true professionalism, honesty and a commit- ell Post 3335 as they celebrate their 75th an- graduating, he attended the University of ment to reporting the truth, always maintaining niversary and thanking them for their tremen- Memphis where he helped lead the team to a fair and balanced approach. dous contributions to the Jay community and the ‘‘Sweet Sixteen’’ in the 1995 NCAA tour- What stands out most about Don Eucario is to the State of Maine. nament. While there, he was selected Third his activism and service to the community. He f Team All-American by the Associated Press has been president of the Colombian Amer- and earned the nickname ‘‘The Howl’’ be- ican Chamber of Commerce, founded the As- HONORING MR. FABIO ANDRADE cause of his tendency to yell after exciting sociation of Colombian News Outlets and plays. Journalists in the United States, the Colom- HON. MARIO DIAZ-BALART In 1996, after playing two seasons for the bian American Association, known as CASA, OF FLORIDA Memphis Tigers, Mr. Wright entered the NBA and the first ever Colombian Political Action IN THE HOUSE OF REPRESENTATIVES draft and was selected 7th overall by the Los Committee, COLPAC. He has published sev- Thursday, July 29, 2010 Angeles Clippers. After three seasons with the eral works about the economy, small busi- Clippers, he played for the Atlanta Hawks for nesses, entrepreneurship and immigration, Mr. MARIO DIAZ-BALART of Florida. two years before returning home to play for and has been recognized by various local gov- Madam Speaker, this week Colombia cele- the newly relocated Memphis Grizzlies in ernments and the Florida State Legislature for brates 200 years as a sovereign nation. As we 2001. his service to the development of the Colom- congratulate our democratic ally and friend on For Lorenzen Wright, playing for his home- bian American community in South Florida as its Bicentennial, it is fitting that we also honor town team at the professional level gave him well as his contributions in the field of jour- some of Colombia’s finest, and among them, a chance to play alongside some of the best nalism. is Fabio Andrade. athletes for the city he loved. During his ten- Although he has called South Florida home Fabio is one of South Florida’s most dedi- ure with the Grizzlies, he became an emo- for nearly three decades, Don Eucario is still cated, selfless and tireless community activ- tional leader of the team, bringing passion and as passionate about his native Colombia as ists. He leads the Colombian American com- dedication to each and every game. Friend he is about the United States and works to en- munity with conviction and commitment. He is and former NBA star Penny Hardaway re- sure that the Colombian American community a leading voice in urging the passage of a called the fans’ love for Lorenzen and how ‘‘he has a voice and that its needs are rep- Free Trade Agreement between the United attacked the game every single night.’’ After resented. Above all, he is committed to pro- States and Colombia and is an advocate of five seasons with the Memphis Grizzlies, he moting democracy and speaking out for those strengthening the partnership between the two was traded back to the Atlanta Hawks and has who cannot express themselves as freely as countries. Fabio understands that as the hemi- since played for the Sacramento Kings and he can. sphere’s leading democracies, Colombia and most recently the Cleveland Cavaliers until his I ask that you join me in thanking and hon- the United States are positioned to make an retirement in 2009. oring Eucario Bermudez, a fine journalist and impact through trade, the creation of jobs and Off the basketball court, Lorenzen Wright friend, for his service to the community and a steadfast commitment to spreading democ- was a devoted family man and a loyal friend. his commitment to always speaking the truth. racy throughout Latin America.

VerDate Mar 15 2010 05:57 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.028 E29JYPT1 smartinez on DSKB9S0YB1PROD with REMARKS E1490 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2010 Fabio is committed to ensuring that the Lawn, Illinois, who is returning home after a tradition of the American Volunteer Group see- needs of our diverse community are met, the fifth tour of duty in the Middle East as an Army ing combat action in Vietnam, Desert Storm, voice of South Florida is heard throughout the Ranger. Operation Allied Force, Operation Enduring various levels of government and that His- U.S. military forces currently rely on the sac- Freedom and Operation Iraqi Freedom; panics have opportunity for growth and suc- rifice and dedication of volunteer soldiers. The Resolved, that the United States Congress cess. He has set forth to empower individuals, freedom every one of us enjoys today de- congratulates the Flying Tigers of the Amer- strengthen families, create networks, and bring pends on the choice made by hundreds of ican Volunteer Group and the 23rd Fighter within reach opportunities for others. thousands of men and women to risk their Group for their contribution to our nation’s de- For more than 20 years, Fabio has been in- own lives for the sake of others through mili- fense and celebrates the 69th anniversary of strumental in the creation of work training cen- tary service. the first combat action by the Flying Tigers. ters across South Florida, providing support But even among our dedicated soldiers, the f for small businesses and assisting new busi- service of certain individuals can rise far ness owners. As a founder and the CEO of above and beyond the call of duty. Sergeant HONORING ARMY STAFF The Americas Community Center, a non-profit Latronico began his service six years ago with SERGEANT ERIC BYRON SHAW organization, he has created a network of sup- basic training at the age of 18, and proceeded port and guidance for immigrants and minori- to undergo additional rigorous requirements to HON. MICHAEL H. MICHAUD ties as they enter the workforce. Fabio himself become an Army Ranger. After basic training, OF MAINE was able to achieve his success through hard Army Rangers must take part in Advanced In- IN THE HOUSE OF REPRESENTATIVES work and dedication, and it is those values dividual Training and obtain a Military Occupa- Thursday, July 29, 2010 which he strives to instill in others. tional Specialty; complete Airborne Training; Mr. MICHAUD. Madam Speaker, I rise Fabio’s work and his love of service embody and attend the Ranger Assessment and Se- today to recognize the accomplishments of the true spirit of prosperity and freedom. He is lection Program. Not every soldier chooses or Army Staff Sergeant Eric Byron Shaw of Exe- committed to defending our nation’s principles, is able to fulfill these additional requirements. ter, ME who was killed while serving his coun- while at the same time working to ensure that Sergeant Latronico’s completion of this train- try in Afghanistan. his native Colombia remains the strongest de- ing alone places him among the elite in our Eric was well-loved by his community, fam- mocracy in Latin America. military forces. ily, and friends. He is remembered for his I ask that you join me in honoring and With his training completed, Sergeant dedication to serving his nation, his generous thanking my good friend Fabio Andrade, a true Latronico took part in five tours of duty—two spirit, and his devotion to his family. On June leader who loves and values freedom and in Iraq and three in Afghanistan. His steadfast 23rd, Sergeant Shaw was killed in action on works so that others may enjoy it. service in the face of difficult conditions on the his third tour of duty in support of Operation f ground in these two countries exemplifies Enduring Freedom. This loss is particularly dedication, discipline, and unwavering resolve. IOWA SAFE SCHOOLS LAW THREE painful as Shaw leaves behind a young family. I am proud to welcome such a committed sol- YEAR ANNIVERSARY Known for his good nature, Shaw was a dier back home to my district. I ask you to join 1999 graduate of Dexter High School. After me in honoring his sacrifice, a reminder of the HON. BRUCE L. BRALEY high school, he enrolled in the University of very best that our young servicemen and OF IOWA Southern Maine where he was a member of women can offer our great country. IN THE HOUSE OF REPRESENTATIVES the Sigma Nu fraternity. As a history major f Thursday, July 29, 2010 with a minor in education, Shaw planned to Mr. BRALEY of Iowa. Madam Speaker, I HONORING FLYING TIGERS pursue a career teaching history. His close rise today to celebrate the three year anniver- friends remember him as a caring person will- sary of the Iowa Safe Schools law. As an HON. JACK KINGSTON ing to do volunteer work and participate in Iowan, I’m proud to say that my home state OF GEORGIA community activities. Staff Sergeant Shaw was on his third tour of has a strong Safe Schools law which protects IN THE HOUSE OF REPRESENTATIVES duty with the 327th Infantry, First Brigade all students against prejudice. Iowa is the 10th Thursday, July 29, 2010 state to pass such a law which was the exten- Combat Team from Fort Campbell, Kentucky. Mr. KINGSTON. Madam Speaker, cele- sion of the Civil Rights law which protects During his service, he received many awards brating the 69th anniversary of the first combat LGBT school staff members from discrimina- including the Army Commendation Medal with action of the American Volunteer Group, AVG, tion. one Oak Leaf Cluster, the Iraq Campaign I also rise today to recognize my friend, and to recognize the contribution of the AVG Medal, and the National Defense Service Rib- former State Senator Mike Connelly. Senator and the 23rd Fighter Group ‘‘Flying Tigers’’ to bon. Sergeant Shaw will be receiving three Connelly has been a trusted advocate for poli- America’s victory in World War II. awards posthumously, the Bronze Star, the Whereas the American Volunteer Group cies related to education and youth in Iowa Purple Heart and the NATO Medal. during his 30 years working as a legislator. was formed by Lieutenant General Claire In Maine, our communities are known for Senator Connelly played an integral role in the Chennault for the defense of China; coming together during a crisis, and I know Whereas the American Volunteer Group passing of the Safe Schools law serving as that everyone in the state stands together to was affectionately known as the Flying Tigers; support Eric’s mother, wife and three children, the floor manager in the Iowa Senate for the Whereas the American Volunteer Group Fly- passing of the bill. It was Senator Connolly although they do not live in the state. Eric is ing Tigers saw their first combat over Yunnan who successfully challenged those who were mourned by all as a true American hero and Province in China on December 20th, 1941 initially opposed to the Safe Schools Law. His a defender of the freedom we all hold dear. shooting down nine enemy bombers; support helped persuade many Senators to Madam Speaker, please join me in honoring Whereas the American Volunteer Group Fly- the memory of Staff Sergeant Eric Byron switch their final vote from ‘‘no’’ to ‘‘yes.’’ ing Tigers faced a numerically superior enemy I’m pleased to be celebrating the three year Shaw for his patriotism and devotion to his force, long logistics supply lines and poor in- anniversary of the Iowa Safe Schools law. community and his country. frastructure and despite those challenges ulti- This law will protect students against discrimi- f mately destroyed 299 enemy aircraft and 153 nation for generations to come. probably destroyed, losing only 12 aircraft in RECOGNIZING THE WORK AND f combat; SERVICE OF ANA SOTORRIO HONORING THE MILITARY SERV- Whereas the American Volunteer Group Fly- ICE OF SERGEANT GLENN ing Tigers were disbanded and the 23rd Fight- HON. MARIO DIAZ-BALART LATRONICO er Group Flying Tigers were activated in their OF FLORIDA stead on July 4th, 1942; IN THE HOUSE OF REPRESENTATIVES HON. DANIEL LIPINSKI Whereas the 23rd Fighter Group while facing similar challenges in the Chinese theater, Thursday, July 29, 2010 OF ILLINOIS nonetheless destroyed 621 enemy aircraft fin- Mr. MARIO DIAZ-BALART of Florida. IN THE HOUSE OF REPRESENTATIVES ishing as the third highest scoring Army Air Madam Speaker, I rise today to recognize Ana Thursday, July 29, 2010 Force’s Fighter Group of World War II; Sotorrio for her years of service to the resi- Mr. LIPINSKI. Madam Speaker, I rise today Whereas the current day 23rd Fighter Group dents of Miami-Dade County, as she retires to honor Sergeant Glenn Latronico of Oak and 23rd Wing continues the proud combat this month.

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Al- bless you. work in a team, develop and maintain working though I did not know Dick Wilson, Sr. very f relationships at the local, state, and federal well, I do know his son Rick extremely well. levels and ensure that the goals and priorities For a little over 15 years Rick Wilson served INTRODUCTION OF RESOLUTION of Miami-Dade County are met. the people of Indiana’s Fifth Congressional SUPPORTING THE GOALS AND Ana joined the County Manager’s office in District with grace and skill; first as director of IDEALS OF JUBILEE DAY 1974 and later moved on to Miami-Dade Avia- my mobile office and later as my District Di- tion, where she has served with six Aviation rector. And if the measure of a father is the HON. ALCEE L. HASTINGS quality of the children that he raises, then Directors and has been instrumental in the OF FLORIDA growth and expansion of Miami International based upon what I know about his son Rick, IN THE HOUSE OF REPRESENTATIVES Airport. Dick Wilson, Sr. was undoubtedly an excep- For 22 years, Ana has been critical to the tional man. Thursday, July 29, 2010 ongoing operation of the Miami-Dade Aviation Richard ‘‘Dick’’ Wilson was born December Mr. HASTINGS of Florida. Madam Speaker, Department. Through her leadership in devel- 29, 1931, in Schenectady, NY. He graduated I rise today to introduce a resolution sup- oping the government and regulatory agenda from Mount Pleasant High School in 1950 and porting the goals and ideals of Jubilee Day, she was successful in securing funding for attended the University of Kansas on a cross which is celebrated on October 6 of every vital projects at Miami International Airport, in- country and track scholarship. Dick was a year by the Fisk University community. cluding $100 million for a runway project, $74 member of the 1953 NCAA championship Just after the end of the Civil War, the Fisk million for the federally mandated explosive cross-country team—Kansas’ only cross-coun- School was founded in Nashville, Tennessee detection systems, and approval of the ongo- try team to ever win a national champion- as an educational institute that would be open ing $6.3 billion Capital Improvement Program. ship—and part of the four-mile relay team that to all, regardless of race or age. However, just Ana is not just a leader at the Airport, but broke the American record that same year. In five years after its founding, the school faced also an activist in the community, serving on 2008 he was inducted into the KU Athletics dire economic struggles. numerous boards and associations including Hall of Fame. In an effort to save the University from clos- After graduating from the University of Kan- the Florida Airports Council, of which she re- ing, a group of students formed a choral sas, Dick Wilson served in the U.S. Army and cently served as President, the Greater Miami group, the Fisk Jubilee Singers, with the goal U.S. Army Reserves from 1956 to 1968, Chamber of Commerce, the Jay Malina Inter- of raising money to fund the institution. They achieving the rank of captain. national Trade Consortium and Leadership took all of the funds in the university’s treasury Miami. On July 15, 1956, he married Phyllis JoAn Fink. He and his wife raised three children, for travel expenses, hoping that the enormous Ana’s work and dedication have directly im- risk would pay off. pacted her colleagues, the residents of Miami- moving from Schenectady, NY, to Palatine, IL, and then to Indianapolis before settling in Despite a few initial struggles, the Jubilee Dade County and the thousands who travel Singers eventually came to tour throughout through South Florida each day, as well as Lawrence in 1992. Dick began his career in commercial under- the United States and Europe and raised those involved in the aviation community enough funds to not only preserve the univer- across the nation. She has been a steadfast writing in 1957; eventually serving with the Travelers Insurance Company for 35 years be- sity but also to pay for the construction of Ju- leader with qualities that many, including my- bilee Hall, the first permanent structure built self, admire. She will be missed at the County, fore he retired in 1992 in Lawrence. In addition to working hard all of his life and for the education of African-American students the Airport and even in Washington, DC, but raising a family, Dick Wilson was also a com- in the South. I know that the positive impact left behind petitive Masters runner for more than 30 The singers came to perform for such nota- through her work will be felt for years. ble figures as William Lloyd Garrison, Wendell I ask that you join me in recognizing Ana years; and was nationally ranked in the top 10 of his age group every year from 1985 to Phillips, Ulysses S. Grant, William Gladstone, Sotorrio for her service, her activism and her Mark Twain, Johann Strauss, and Queen Vic- commitment to working towards improving 2005—a remarkable 20 year streak. In fact, in 2003 Dick was ranked No. 2 in the nation and toria, and introduced the world to the spirituals Miami-Dade County and the lives of others. I of enslaved Africans as a musical genre. wish Ana the best in her future endeavors and No. 4 in the World in his age group. Twenty-one months ago though, Dick began Since its founding in 1866, Fisk has edu- on behalf of our community, I thank her for her the race for his life when he was diagnosed cated countless intellectual, artistic, and civic years of service. with cancer; a race he would ultimately lose. leaders, and has played a pivotal role in the f However, no matter the odds, Dick never gave advancement of education for African-Amer- HONORING RICHARD ‘‘DICK’’ up living life. Last year, after doctors removed ican students. None of its accomplishments WILSON, SR. 95 percent of a brain tumor, Dick ran in the would have been possible without the talents Head for the Cure 5K—a race to support the and sacrifices of that first group of nine stu- HON. DAN BURTON Chris Anthony Tumor Research Fund at the dents. To honor the hard work, perseverance, and OF INDIANA M.D. Anderson Cancer Center in Houston. accomplishments of the original Jubilee Sing- IN THE HOUSE OF REPRESENTATIVES The race honors the late Chris Anthony, who died at the age of 37 from a brain tumor. ers and the continued success of the genera- Thursday, July 29, 2010 When interviewed by the Kansan—the Univer- tions of Jubilee Singers who followed and con- Mr. BURTON of Indiana. Madam Speaker, I sity of Kansas’ Daily newspaper—about what tinue to tour today, Fisk University celebrates rise tonight to honor the life of Richard ‘‘Dick’’ running in the Chris Anthony meant to him, Jubilee Day on October 6 of every year. Wilson, Sr., who recently lost his 21-month Dick said: ‘‘Maybe someday there will be a This year in particular, members of the Fisk battle with brain cancer at the age of 78. Dick cure, and if there is, it can hopefully help my community in Washington, DC, will come to- is survived by his wife Phyllis JoAn; two sons, children and help my grandchildren.’’ gether for an event at the Capitol to celebrate Rick (and his wife Leslie), Indianapolis, Indi- Shakespeare once wrote: ‘‘All the world’s a Jubilee Day along with the Fisk community in ana—my long-time staffer and former District stage, and all the men and women merely Nashville. Director—Steve (and his wife Michelle), Over- players. They have their exits and entrances, Madam Speaker, as a proud alumnus of land Park, Kansas; a daughter, Patricia and one man in his time plays many parts. Fisk, I urge my colleagues to join me in this Geyling (and her husband Rolf), Santa Bar- . . .’’ Dick Wilson played his parts and played year’s celebration of Jubilee Day by cospon- bara, California; 12 grandchildren and four them well. May flights of angels sing him to soring this resolution, and I urge its immediate great-grandchildren. his eternal rest. consideration.

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HIGHLIGHTS Senate agreed to H. Con. Res. 308, Adjournment Resolution. The House passed H.R. 5850, Transportation, Housing and Urban Devel- opment, and Related Agencies Appropriations Act, 2011. Senate Polycystic Kidney Disease Awareness Week: Chamber Action Committee on the Judiciary was discharged from Routine Proceedings, pages S6459–S6539 further consideration of S. Res. 592, designating the Measures Introduced: Fourteen bills and one reso- week of September 13–19, 2010, as ‘‘Polycystic Kid- lution were introduced, as follows: S. 3665–3678, ney Disease Awareness Week’’, and supporting the and S. Res. 601. Pages S6519–20 goals and ideals of Polycystic Kidney Disease Aware- Measures Reported: ness Week to raise awareness and understanding of S. 3676, making appropriations for the Depart- polycystic kidney disease and the impact the disease ment of State, foreign operations, and related pro- has on patients now and for future generations until grams for the fiscal year ending September 30, 2011. it can be cured, and the resolution was then agreed (S. Rept. No. 111–237) to. Page S6538 S. 3677, making appropriations for financial serv- Authorizing Testimony: Senate agreed to S. Res. ices and general government for the fiscal year end- 601, to authorize testimony of Senate employees in ing September 30, 2011. (S. Rept. No. 111–238) a grand jury proceeding in the District of Columbia. S. 3397, to amend the Controlled Substances Act Pages S6538–39 to provide for take-back disposal of controlled sub- Adjournment Resolution: Senate agreed to H. stances in certain instances, with amendments. Con. Res. 308, providing for a conditional adjourn- Page S6519 ment of the House of Representatives. Page S6539 Measures Passed: Measures Considered: Saving Kids From Dangerous Drugs Act: Senate Small Business Lending Fund Act: Senate con- passed S. 258, to amend the Controlled Substances tinued consideration of H.R. 5297, to create the Act to provide enhanced penalties for marketing Small Business Lending Fund Program to direct the controlled substances to minors, after agreeing to the Secretary of the Treasury to make capital invest- committee amendment in the nature of a substitute. ments in eligible institutions in order to increase the Pages S6536–37 availability of credit for small businesses, to amend Multinational Species Conservation Funds the Internal Revenue Code of 1986 to provide tax Semipostal Stamp Act: Senate passed H.R. 1454, to incentives for small business job creation, taking ac- provide for the issuance of a Multinational Species tion on the following amendments and motion pro- Conservation Funds Semipostal Stamp, after agreeing posed thereto: Pages S6460–98 to the committee amendment in the nature of a sub- Pending: stitute. Page S6537 Reid (for Baucus/Landrieu) Amendment No. United States Patent and Trademark Office 4519, in the nature of a substitute. Page S6440 Supplemental Appropriations Act, 2010: Senate Reid Amendment No. 4520 (to Amendment No. passed H.R. 5874, making supplemental appropria- 4519), to change the enactment date. Page S6440 tions for the United States Patent and Trademark Reid Amendment No. 4521 (to Amendment No. Office for the fiscal year ending September 30, 2010. 4520), of a perfecting nature. Page S6440 Pages S6537–38 D874

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INDIAN GAMING Ericks, to be United States Marshal for the Western Committee on Indian Affairs: Committee concluded an District of Washington, Joseph Patrick Faughnan, oversight hearing to examine Indian gaming, after Sr., to be United States Marshal for the District of receiving testimony from Tracie Stevens, Chair- Connecticut, Harold Michael Oglesby, to be United woman, National Indian Gaming Commission; Mark States Marshal for the Western District of Arkansas, Brnovich, Arizona Department of Gaming, Phoenix; and Conrad Ernest Candelaria, to be United States Philip N. Hogen, Jacobson, Buffalo, Magnuson, An- Marshal for the District of New Mexico, all of the derson & Hogen, P.C., St. Paul, Minnesota; and Er- Department of Justice. nest Stevens, Jr., National Indian Gaming Commis- PASSPORT ISSUANCE PROCESS sion, Washington, D.C. Committee on the Judiciary: Subcommittee on Ter- BUSINESS MEETING rorism and Homeland Security concluded a hearing Committee on the Judiciary: Committee ordered favor- to examine the passport issuance process, focusing on ably reported the following business items: closing the door to fraud, after receiving testimony S. 3397, to amend the Controlled Substances Act from Gregory Kutz, Managing Director, Forensic to provide for take-back disposal of controlled sub- Audits and Special Investigations, Government Ac- stances in certain instances, with an amendment in countability Office; and Brenda S. Sprague, Deputy the nature of a substitute; and Assistant Secretary of State for Passport Services. The nominations of John F. Walsh, to be United States Attorney for the District of Colorado, John BUSINESS MEETING William Vaudreuil, to be United States Attorney for Select Committee on Intelligence: Committee ordered fa- the Western District of Wisconsin, William J. vorably reported the nomination of James R. Clap- Ihlenfeld II, to be United States Attorney for the per, of Virginia, to be Director of National Intel- Northern District of West Virginia, Mark Lloyd ligence. h House of Representatives H. Res. 1574, providing for consideration of the Chamber Action bill (H.R. 3534) to provide greater efficiencies, Public Bills and Resolutions Introduced: 64 pub- transparency, returns, and accountability in the ad- lic bills, H.R. 5917–5980; and 16 resolutions, H. ministration of Federal mineral and energy resources Con. Res. 307–310; and H. Res. 1570–1573, by consolidating administration of various Federal 1575–1582, were introduced. (See next issue.) energy minerals management and leasing programs Additional Cosponsors: (See next issue.) into one entity to be known as the Office of Federal Energy and Minerals Leasing of the Department of Reports Filed: Reports were filed today as follows: the Interior, and for other purposes; and providing H.R. 5663, to improve compliance with mine and for consideration of the bill (H.R. 5851) to provide occupational safety and health laws, empower work- whistleblower protections to certain workers in the ers to raise safety concerns, prevent future mine and offshore oil and gas industry (H. Rept. 111–582). other workplace tragedies, and establish rights of (See next issue.) families of victims of workplace accidents, with an amendment (H. Rept. 111–579, Pt. 1); Speaker: Read a letter from the Speaker wherein she H.R. 5226, to require the Secretary of Veterans appointed Representative Loretta Sanchez to act as Affairs and the Appalachian Regional Commission to Speaker pro tempore for today. Page H6285 carry out a program of outreach for veterans who re- Chaplain: The prayer was offered by the guest chap- side in Appalachia (H. Rept. 111–580, Pt. 1); lain, Reverend Bruce Scott, Pentecostals of South H.R. 5626, to protect public health and safety Lake, Merrillville, Indiana. Page H6285 and the environment by requiring the use of safe Adjournment Resolution—Senate: The House well control technologies and practices for the drill- agreed to H. Con. Res. 307, providing for a condi- ing of high-risk oil and gas wells in the United tional recess or adjournment of the Senate, by voice States, with an amendment (H. Rept. 111–581, Pt. vote. Page H6306 1); and

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Rept. 111–578) that strikes $50 million in in- Suspensions—Proceedings Resumed: The House centive grants to states to enact laws to make it a agreed to suspend the rules and pass the following primary traffic violation for occupants to not use a measures which were debated on Tuesday, July 27th: seat belt; Page H6349 Senior Financial Empowerment Act: H.R. 3040, DeFazio amendment (No. 9 printed in part A of amended, to prevent mail, telemarketing, and Inter- H. Rept. 111–578) that prohibits any funds under net fraud targeting seniors in the United States, to the Act from being used to reallocate Federal high- promote efforts to increase public awareness of the way formula funding for the livable communities enormous impact that mail, telemarketing, and program unless the program is first authorized by Internet fraud have on seniors, and to educate the Congress; Page H6351 public, seniors, their families, and their caregivers Eddie Bernice Johnson (TX) amendment (No. 11 about how to identify and combat fraudulent activ- printed in part A of H. Rept. 111–578) that in- ity, by a 2/3 yea-and-nay vote of 335 yeas to 81 creases by $10 million activities under Section 107, nays, Roll No. 487 and Page H6309 under the Community Development Grant program Expressing the sense of Congress that Taiwan at HUD. Specifically additional funding would be should be accorded observer status in the Inter- requested for the HBCU Community Development national Civil Aviation Organization (ICAO): H. Grant Program. Subsequently, reverse mortgages Con. Res. 266, to express the sense of Congress that would be decreased by $10 million; Page H6353 Taiwan should be accorded observer status in the Moore (WI) amendment (No. 13 printed in part International Civil Aviation Organization (ICAO). A of H. Rept. 111–578) that increases funding for (See next issue.) the Office of Small and Disadvantaged Business Uti- Privileged Resolution—Intent to Offer: Rep- lization by $100,000 and increases funding for the resentative Price (GA) announced his intent to offer Minority Business Research Center ’s outreach activi- a privileged resolution. Pages H6354–55 ties by $225,000 to help ensure that the small and disadvantaged business policies and goals of the De- Transportation, Housing and Urban Develop- partment are developed and implemented; ment, and Related Agencies Appropriations Act, 2011: The House passed H.R. 5850, making appro- Page H6372 priations for the Departments of Transportation, and Braley amendment (No. 15 printed in part A of Housing and Urban Development, and related agen- H. Rept. 111–578) that increases funding to the cies for the fiscal year ending September 30, 2011, Community Development Block Grant (CDBG) by by a yea-and-nay vote of 251 yeas to 167 nays, Roll $20 million and offsets this increase with a decrease No. 499. Pages H6310–53, H6368–82 of $20 million for non-personnel expenses within the Agreed to: Department of Housing and Urban Development. Boehner amendment (No. 1 printed in part A of The purpose of the CDBG funding increase is to H. Rept. 111–578) that terminates the HUD pro- provide CDBG disaster relief and recovery funds to gram for doctoral dissertation research grants on assist communities in the Midwest affected by the housing and urban development issues; Page H6345 flooding that occurred during July of 2010; and Boehner amendment (No. 4 printed in part A of Pages H6373–74 H. Rept. 111–578) that reduces the Office of the Turner amendment (No. 16 printed in part A of Assistant Secretary for Budget and Programs, Office H. Rept. 111–578) that prevents funds in the bill of the Secretary, Salaries and Expenses, within the from being used to prohibit the establishment of any Department of Transportation by $1.6 million; occupancy preference for veterans in supporting Page H6346 housing for the elderly that is assistance by HUD Kaptur amendment (No. 5 printed in part A of and is located on Department of Veterans Affairs H. Rept. 111–578) that eliminates all travel funds (VA) property or is subject to an enhanced use lease for the Department of Housing and Urban Develop- with the VA. Page H6374 ment; Pages H6346–48 Rejected: Arcuri amendment (No. 6 printed in part A of H. Boehner amendment (No. 2 printed in part A of Rept. 111–578) that reduces funding for the Office H. Rept. 111–578) that sought to reduce HUD’s of Policy Development and Research within HUD Transformation Initiative (technical assistance and

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Rept. 111–578) that sought to cut $1.8 billion Rept. 111–578) that sought to prohibit $1,000,000 from specific accounts that were increased over and from being made available for the downtown Ta- above the President’s request (by a recorded vote of coma streetscapes improvement project in Wash- 197 ayes to 225 noes, Roll No. 489); ington and reduce the overall cost of the bill by the Pages H6349–51, H6369–70 same amount (by a recorded vote of 157 ayes to 267 Culberson amendment (No. 10 printed in part A noes, Roll No. 496); of H. Rept. 111–578) that sought to reduce the Pages H6378–79 (continued next issue) bill’s funding level by $12.4 billion dollars, return- Flake amendment (No. 10 printed in part B of H. ing the bill to the FY2009 funding level. This is an Rept. 111–578) that sought to prohibit $1,000,000 18% cut in the bill’s spending (by a recorded vote from being made available for the restoration and of 169 ayes to 252 noes, Roll No. 490); improvements to the historical Darwin Martin Pages H6351–53, H6370–71 House Home and complex in New York and reduce Graves (MO) amendment (No. 12 printed in part the overall cost of the bill by the same amount (by A of H. Rept. 111–578) that sought to prohibit the a recorded vote of 165 ayes to 258 noes, Roll No. Federal Aviation Administration from using funds in 497); and Pages H6379–81 (continued next issue) the Act to require a sponsor of a public general avia- Flake amendment (No. 11 printed in part B of H. tion airport to terminate existing residential Rept. 111–578) that sought to prohibit $150,000 through-the-fence agreements, or otherwise withhold from being made available for the construction of a funds from a sponsor of a general aviation airport, children’s playground in the Municipality of Yauco, solely because the sponsor enters into a residential Puerto Rico and reduce the overall cost of the bill by the same amount (by a recorded vote of 159 ayes through-the-fence agreement; Pages H6371–72 to 264 noes, Roll No. 498). Kirkpatrick amendment (No. 17 printed in part A Pages H6381–82 (continued next issue) of H. Rept. 111–578) that sought to make an across H. Res. 1569, the rule providing for consideration the board cut of 5% from the base text of the bill. of the bill, was agreed to by a recorded vote of 231 It would have reduced the cost of the bill by $3.37 ayes to 185 noes, Roll No. 485, after the previous billion, bringing the total cost of the bill down to question was ordered by a yea-and-nay vote of 236 $64.03 billion; Pages H6374–75 yeas to 179 nays, Roll No. 484. Neugebauer amendment (No. 14 printed in part Pages H6289–97, H6307–08 A of H. Rept. 111–578) that sought to reduce A point of order was raised against the consider- spending in the bill by $10.52 billion. This amount ation of H. Res. 1569 and it was agreed to proceed represents the uncommitted funds from the $61.7 with consideration of the resolution by voice vote. billion in 2009 stimulus funds that were appro- Pages H6289–90 priated for transportation and housing related programs (by a recorded vote of 177 ayes to 247 noes, Investing in American Jobs and Closing Tax Roll No. 492); Pages H6372–73 (continued next issue) Loopholes Act of 2010: The House began consider- Jordan amendment (No. 18 printed in part A of ation of H.R. 5893, to amend the Internal Revenue H. Rept. 111–578) that sought to reduce spending Code of 1986 to create jobs through increased in- by $18,579,000,000 in order to reflect FY 2008 lev- vestment in infrastructure and to eliminate loopholes els (by a recorded vote of 159 ayes to 265 noes, Roll which encourage companies to move operations offshore. Further proceedings were postponed. No. 493); Pages H6375–76 (continued next issue) Pages H6355–68 Flake amendment (No. 20 printed in part A of H. H. Res. 1568, the rule providing for consideration Rept. 111–578) that sought to reduce funding for of the bill, was agreed to by a yea-and-nay vote of Capital and Debt Service Grants to the National 233 yeas to 182 nays, Roll No. 486, after the pre- Railroad Passenger Corporation for capital invest- vious question was ordered without objection. ments by $1,203,500,000 (by a recorded vote of 129 ayes to 293 noes, Roll No. 494); Pages H6297–H6306, H6308–09 Pages H6376–77 (continued next issue) Suspension—Failed: The House failed to agree to Flake amendment (No. 2 printed in part B of H. suspend the rules and pass the following measure: Rept. 111–578) that sought to prohibit $1,000,000 James Zadroga 9/11 Health and Compensation from being made available for the Blackstone River Act of 2010: H.R. 847, amended, to amend the Bikeway in Rhode Island and reduce the overall cost Public Health Service Act to extend and improve

VerDate Mar 15 2010 07:48 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D29JY0.REC D29JYPT1 smartinez on DSKB9S0YB1PROD with DIGEST D880 CONGRESSIONAL RECORD — DAILY DIGEST July 29, 2010 protections and services to individuals directly im- Suspensions—Proceedings Postponed: The House pacted by the terrorist attack in New York City on debated the following measures under suspension of September 11, 2001, by a 2/3 yea-and-nay vote of the rules. Further proceedings were postponed: 255 yeas to 159 nays, Roll No. 491. Real Estate Jobs and Investment Act of 2010: Pages H6382–H6400 (continued next issue) H.R. 5901, to amend the Internal Revenue Code of Suspensions: The House agreed to suspend the rules 1986 to exempt certain stock of real estate invest- and pass the following measures: ment trusts from the tax on foreign investment in Airline Safety and Federal Aviation Adminis- United States real property interests; (See next issue.) tration Extension Act of 2010: H.R. 5900, to Recognizing the 50th anniversary of the Student amend the Internal Revenue Code of 1986 to extend Nonviolent Coordinating Committee (SNCC): H. the funding and expenditure authority of the Airport Res. 1566, to recognize the 50th anniversary of the and Airway Trust Fund and to amend title 49, Student Nonviolent Coordinating Committee United States Code, to extend airport improvement (SNCC) and the pioneering of college students whose program project grant authority and to improve air- determination and nonviolent resistance led to the line safety; (See next issue.) desegregation of lunch counters and places of public Modifying the date on which the Administrator accommodation over a 5-year period; and of the Environmental Protection Agency and appli- (See next issue.) cable States may require permits for discharges Providing for the conveyance of a small parcel of from certain vessels: S. 3372, to modify the date on National Forest System land in the Francis Mar- which the Administrator of the Environmental Pro- ion National Forest in South Carolina: H.R. 5414, tection Agency and applicable States may require amended, to provide for the conveyance of a small permits for discharges from certain vessels; parcel of National Forest System land in the Francis (See next issue.) Marion National Forest in South Carolina. Assistance, Quality, and Affordability Act of (See next issue.) 2010: H.R. 5320, amended, to amend the Safe Presidential Message: Read a message from the Drinking Water Act to increase assistance for States, President wherein he notified Congress that the na- water systems, and disadvantaged communities; to tional emergency declared with respect to the actions encourage good financial and environmental manage- of certain persons to undermine the sovereignty of ment of water systems; to strengthen the Environ- Lebanon or its democratic processes and institutions mental Protection Agency’s ability to enforce the re- is to continue in effect beyond August 1, 2010—requirements of the Act; to reduce lead in drinking ferred to the Committee on Foreign Affairs and or- water; and to strengthen the endocrine disruptor dered printed (H. Doc. 111–136). Page H6355 screening program; (See next issue.) Ski Area Recreational Opportunity Enhance- Senate Message: Message received from the Senate ment Act: H.R. 2476, amended, to amend the Na- today will appear in the next issue. tional Forest Ski Area Permit Act of 1986 to clarify Quorum Calls—Votes: Six yea-and-nay votes and the authority of the Secretary of Agriculture regard- 11 recorded votes developed during the proceedings ing additional recreational uses of National Forest of today and appear on pages H6306–07, H6307, System lands that are subject to ski area permits; H6307–08, H6308–09, H6309, H6369, H6369–70, (See next issue.) H6370 (continued next issue). There were no Expressing support for designation of September quorum calls. 2010 as ‘‘Gospel Music Heritage Month’’: H.J. Res. Adjournment: The House met at 10 a.m. and ad- 90, to express support for designation of September journed at 1:10 a.m. on Friday, July 30, 2010. 2010 as ‘‘Gospel Music Heritage Month’’ and to honor gospel music for its valuable and longstanding contributions to the culture of the United States; Committee Meetings and (See next issue.) Congratulating the United States Men’s Na- FINANCIAL SERVICES AND GENERAL tional Soccer Team for its inspiring performance GOVERNMENT APPROPRIATIONS in the 2010 FIFA World Cup: H. Res. 1527, to Committee on Appropriations: Subcommittee on Finan- congratulate the United States Men’s National Soccer cial Services and General Government approved for Team for its inspiring performance in the 2010 full Committee action the FY 2011 Financial Serv- FIFA World Cup. (See next issue.) ices and General Government Appropriations bill.

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QUADRENNIAL DEFENSE REVIEW FAIR HOUSING ACT AFTER HURRICANE Committee on Armed Services: Held a hearing on the KATRINA Final Report of the Independent Panel’s Assessment Committee on the Judiciary: Subcommittee on the Con- of the Quadrennial Defense Review. Testimony was stitution, Civil Rights, and Civil Liberties held a heard from the following officials of the United hearing on the American Dream Part III: Advancing States Institute of Peace: William J. Perry, Co- and Improving the Fair Housing Act at the 5-year Chairman; and Stephen J. Hadley, Co-Chairman, Anniversary of Hurricane Katrina. Testimony was Quadrennial Defense Review Independent Panel. heard from public witnesses. SECURE RURAL SCHOOLS PROGRAM TOXIC CHEMICALS SAFETY ACT OF 2010 Committee on Natural Resources: Subcommittee on Na- Committee on Energy and Commerce: Subcommittee on tional Parks, Forests and Public Lands held an over- Commerce, Trade and Consumer Protection held a sight hearing entitled ‘‘Building Success: Implemen- hearing on H.R. 5820, Toxic Chemicals Safety Act tation of the Secure Rural Schools Program.’’ Testi- of 2010. Testimony was heard from Steve Owens, mony was heard from Joel Holtrop, Deputy Chief, Assistant Administrator, Office of Chemical Safety Forest Service, USDA; Ed Roberson, Assistant Direc- and Pollution Prevention, EPA; and public wit- tor, Renewable Resources and Planning, Bureau of nesses. Land Management, Department of the Interior; and public witnesses. MISCELLANEOUS MEASURES; COMMERCIAL SMALL HYDROPOWER PROJECT REAL STATE LIQUIDITY OPTIONS INVESTMENT Committee on Financial Services: Ordered reported, as Committee on Natural Resources: Subcommittee on amended, the following bills: H.R. 4790, Share- Water and Power held an oversight hearing entitled holder Protection Act of 2010; and H.R. 2267, ‘‘Investment in Small Hydropower: Prospects of Ex- Internet Gambling Regulation, Consumer Protec- panding Low-Impact and Affordable Hydropower tion, and Enforcement Act. Generation in the West.’’ Testimony was heard from The Committee also held a hearing entitled ‘‘Al- Michael L. Connor, Commissioner, Bureau of Rec- ternatives for Promoting Liquidity in the Commer- lamation, Department of the Interior; Michael G. cial Real Estate Markets, Supporting Businesses and Ensch, SES, Chief, Operations and Regulatory Com- Increasing Job Growth.’’ Testimony was heard from munity of Practice, U.S. Army Corps of Engineers, public witnesses. Department of Defense; the following officials of the Department of Energy: Jeff Wright, Director, Office PRIVATE MORTGAGE INSURANCE of Energy Projects, Federal Energy Regulatory Com- Committee on Financial Services: Subcommittee on Cap- mission; and Sonya Baskerville, Manager, National ital Markets, Insurance, and Government Sponsored Relations Officer, Bonneville Power Administration; enterprises held a hearing entitled ‘‘Future of Hous- and public witnesses. ing Finance: The Role of Private Mortgage Insur- IRAN SANCTIONS IMPLEMENTATION ance.’’ Testimony was heard from public witnesses. Committee on Oversight and Government Reform: Held a hearing entitled Implementations of Iran Sanctions. HAITI CRISIS Testimony was heard from Robert J. Einhorn, Spe- Committee on Foreign Affairs: Subcommittee on West- cial Advisor, Nonproliferation and Arms Control, ern Hemisphere held a hearing on The Crisis in Department of State; Daniel Glaser, Deputy Assist- Haiti: Are We Moving Fast Enough? Testimony was ant Secretary, Terrorist Financing and Financial heard from Rajiv Shah, Administrator, U.S. Agency Crimes, Department of the Treasury; Joseph A. for International Development, Department of State; Neurauter, Deputy Associate Administrator, Office and public witnesses. of Acquisition Policy, GSA; Joseph A. Christoff, Di- rector, International Affairs and Trade, GAO; and CAPITOL POLICE BUDGET CONCERNS public witnesses. Committee on House Administration: Subcommittee on FEDERALLY-FUNDED RESEARCH PUBLIC Capitol Security held a hearing on U.S. Capitol Po- ACCESS lice Budget Concerns. Testimony was heard from the Committee on Oversight and Government Reform: Sub- following officials of the United State Capitol Police: committee on Information Policy, Census, and the Phillip D. Morse, Sr., Chief; and Carl W. Hoeker, National Archives held a hearing entitled ‘‘Public Inspector General. Access to Federally-Funded Research.’’ Testimony

VerDate Mar 15 2010 07:48 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D29JY0.REC D29JYPT1 smartinez on DSKB9S0YB1PROD with DIGEST D882 CONGRESSIONAL RECORD — DAILY DIGEST July 29, 2010 was heard from David Lipman, M.D., Director, The rule also grants a closed rule for consideration NCBI, NLM, National Institutes of Health, Depart- of H.R. 5851, the ‘‘Offshore Oil and Gas Worker ment of Health and Human Services; and public Whistleblower Protection Act of 2010.’’ The rule witnesses. provides one hour of debate equally divided and controlled by the chair and ranking minority member CONSOLIDATED LAND, ENERGY, AND of the Committee on Education and Labor. The rule AQUATIC RESOURCES (CLEAR) ACT OF waives all points of order against consideration of the 2009; AND OFFSHORE OIL AND GAS bill except those arising under clause 9 or 10 of rule WORKER WHISTLEBLOWER PROTECTION XXI. The rule provides that the amendment printed ACT OF 2010 in part C of the report shall be considered as adopted. The rule provides that the bill, as amended, shall Committee on Rules: Granted, by a non-record vote, a be considered as read. The rule waives all points of rule for consideration of H.R. 3534, the ‘‘Consoli- order against provisions of the bill, as amended. The dated Land, Energy, and Aquatic Resources Act of rule provides one motion to recommit with or with- 2009,’’ and H.R. 5851, the ‘‘Offshore Oil and Gas out instructions. The rule provides that in the en- Worker Whistleblower Protection Act of 2010.’’ grossment of H.R. 3534, the Clerk shall add the The rule provides a structured rule for consider- text of H.R. 5851, as passed by the House, as new ation of H.R. 3534. The rule provides one hour of matter at the end of H.R. 3534. Upon the addition general debate with 40 minutes equally divided and of the text of H.R. 5851 to the end of H.R. 3534, controlled by the chair and ranking minority mem- H.R. 5851 shall be laid on the table. Testimony was ber of the Committee on Natural Resources and 20 heard by Chairman George Miller (CA), Chairman minutes equally divided and controlled by the chair Rahall, Representatives Bordallo, Cummings, Jack- and ranking minority member of the Committee on son Lee (TX), Altmire, Kline (MN), Hastings (WA), Transportation and Infrastructure. The rule waives Young (AK), Lamborn, Lummis, Cassidy, Brady all points of order against consideration of the bill (TX), and Scalise. except those arising under clause 9 or 10 of rule XXI. The rule provides that in lieu of the amend- SMALL BUSINESS INTERCHANGE FEES ment in the nature of a substitute recommended by Committee on Small Business; Held a hearing entitled the Committee on Natural Resources printed in the ‘‘The Impact of Interchange Fees on Small Busi- bill, the amendment in the nature of a substitute nesses.’’ Testimony was heard from public witnesses. printed in part A of the report of the Committee on Rules shall be considered as an original bill for the IN THE MATTER OF REPRESENTATIVE purpose of amendment and shall be considered as CHARLES B. RANGEL read. The rule waives all points of order against the amendment in the nature of a substitute printed in Committee on Standards of Official Conduct: Adjudica- part A of the report except those arising under tory Subcommittee met to organize regarding a clause 10 of rule XXI. The rule further makes in Statement of Alleged Violations in the Matter of order only those amendments printed in part B of Representative Charles B. Rangel. the report. The amendments made in order my be offered only in the order printed in the report, may MISCELLANEOUS MEASURES be offered only by a Member designated in the re- Committee on Transportation and Infrastructure: Ordered port, shall be considered as read, shall be debatable reported the following measures: H.R. 5892, amend- for the time specified in the report equally divided ed, Water Resources Development Act of 2010; and controlled by the proponent and an opponent, H.R. 5897, Economic Revitalization and Innovation shall not be subject to amendment, and shall not be Act of 2010; H.R. 5112, Federal Buildings Per- subject to a demand for division of the question. All sonnel Training Act of 2010; H.R. 5282, amended, points of order against the amendments printed in To provide funds to the Army Corps of Engineers to part B of the report are waived except those arising hire veterans and members of the Armed Forces to under clause 9 or 10 of rule XXI. The rule provides assist the Corps with curation and historic preserva- one motion to recommit with or without instruc- tion activities; H.R. 305, Horse Transportation Safe- tions. The rule provides that the Chair may entertain ty Act of 2009; H.R. 5717, amended, Smithsonian a motion that the Committee rise only if offered by Conservation Biology Institute Enhancement Act; the chair of the Committee on Natural Resources or H.R. 1997, To direct the Secretary of Transportation a designee. The rule provides that the Chair may not to update a research report and issue guidance to the entertain a motion to strike out the enacting words States with respect to reducing lighting on the Fed- of the bill. eral-aid system during periods of low traffic density;

VerDate Mar 15 2010 07:48 Jul 30, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D29JY0.REC D29JYPT1 smartinez on DSKB9S0YB1PROD with DIGEST July 29, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D883 H.R. 4387, To designate the Federal building lo- CLASSIFIED INFORMATION—NON- cated at 100 North Palafox Street in Pensacola, Flor- COMMITTEE REQUESTS FOR ACCESS ida, as the ‘‘Winston E. Arnow Federal Building’’; Permanent Select Committee on Intelligence: Committee ap- H.R. 5651, To designate the Federal building and proved three requests from non-Committee members for United States courthouse located at 515 9th Street access to classified information. in Rapid City, South Dakota, as the ‘‘Andrew W. BRIEFING—DOD QUARTERLY UPDATE Bogue Federal Building and United States Court- Permanent Select Committee on Intelligence: Met in execu- house’’; H.R. 5706, amended, To designate the facil- tive session to receive a briefing on DOD Quarterly Up- ity of the Government Printing Office located at date. The Committee was briefed by departmental wit- 31451 East United Avenue in Pueblo, Colorado, as nesses. the ‘‘Frank Evans Government Printing Office Building’’; H.R. 5773, amended, To designate the Joint Meetings Federal building located at 6401 Security Boulevard No joint committee meetings were held. in Baltimore, Maryland, as the ‘‘Robert M. Ball Fed- eral Building’’; H.R. 5591, amended, To designate f the facility of the Federal Aviation Administration NEW PUBLIC LAWS located at Spokane International Airport in Spokane, (For last listing of Public Laws, see DAILY DIGEST, p. D846) Washington, as the ‘‘Ray Daves Air Traffic Control H.R. 689, to interchange the administrative juris- Tower’’; and H. Res. 1473, amended, Supporting diction of certain Federal lands between the Forest backcountry airstrips and recreational aviation. Service and the Bureau of Land Management. Signed on July 27, 2010. (Public Law 111–206) LICENSURE AND CERTIFICATION H.R. 3360, to amend title 46, United States Committee on Veterans’ Affairs: Subcommittee on Eco- Code, to establish requirements to ensure the secu- nomic Opportunity held a hearing on Licensure and rity and safety of passengers and crew on cruise ves- Certification. Testimony was heard from Raymond sels. Signed on July 27, 2010. (Public Law 111–207) M. Jefferson, Assistant Secretary, Veterans’ Employ- H.R. 4840, to designate the facility of the United ment and Training, Department of Labor; the fol- States Postal Service located at 1981 Cleveland Ave- lowing officials of the Department of Defense: John nue in Columbus, Ohio, as the ‘‘Clarence D. R. Campbell, Deputy Under Secretary, Wounded Lumpkin Post Office’’. Signed on July 27, 2010. Warrior Care and Transition Policy; and Ron Horne, (Public Law 111–208) Deputy Director, Transition Assistance Program, H.R. 5502, to amend the effective date of the gift Wounded Warrior Care, Transition Policy; Margarita card provisions of the Credit Card Accountability Cocker, Deputy Director, Vocational Rehabilitation Responsibility and Disclosure Act of 2009. Signed and Employment Service, Veterans Benefits Admin- on July 27, 2010. (Public Law 111–209) istration, Department of Veterans Affairs; and rep- H.J. Res. 83, approving the renewal of import restrictions contained in the Burmese Freedom and resentatives of veterans organizations. Democracy Act of 2003. Signed on July 27, 2010. (Public Law 111–210) STATE CHILD WELFARE PROGRAM WAIVERS f Committee on Ways and Means: Subcommittee on In- COMMITTEE MEETINGS FOR FRIDAY, come Security and Family Support held a hearing to JULY 30, 2010 Review the Use of Child Welfare Waiver Dem- (Committee meetings are open unless otherwise indicated) onstration Projects to Promote Child Well-Being. Testimony was heard from Ruth Kagi, member, Senate House of Representatives, State of Washington; No meetings/hearings scheduled. George Sheldon, Secretary, Department of Children House and Families, State of Florida; and public witnesses. No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, July 30 9 a.m., Friday, July 30

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Consideration of H.R. 3534—Con- ing business. solidated Land, Energy, and Aquatic Resources Act of 2010 (Subject to a Rule) and H.R. 5851—Offshore Oil and Gas Worker Whistleblower Protection Act of 2010 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E1488 Moore, Gwen, Wisc., E1474 Filner, Bob, Calif., E1482, E1483, E1485 Moran, James P., Va., E1468 Aderholt, Robert B., Ala., E1487 Gohmert, Louie, Tex., E1474 Norton, Eleanor Holmes, D.C., E1477 Akin, W. Todd, Mo., E1469, E1481 Grayson, Alan, Fla., E1483 Oberstar, James L., Minn., E1485 Arcuri, Michael A., N.Y., E1469 Grijalva, Rau M., Ariz., E1488 Pence, Mike, Ind., E1465 Boozman, John, Ark., E1470, E1488 Guthrie, Brett, Ky., E1478, E1480 Reichert, David G., Wash., E1487 Boswell, Leonard L., Iowa, E1475, E1477 Hastings, Alcee L., Fla., E1491 Salazar, John T., Colo., E1469 Boucher, Rick, Va., E1471 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E1466, E1475, Schakowsky, Janice D., Ill., E1482 Boyd, Allen, Fla., E1469 E1478, E1486 Schiff, Adam B., Calif., E1471, E1480 Braley, Bruce L., Iowa, E1490 Johnson, Sam, Tex., E1476, E1484 Scott, Robert C. ‘‘Bobby’’, Va., E1487 Burton, Dan, Ind., E1484, E1491 Kagen, Steve, Wisc., E1470 Shimkus, John, Ill., E1488 Cantor, Eric, Va., E1478 Kilroy, Mary Jo, Ohio, E1475 Skelton, Ike, Mo., E1485 Chandler, Ben, Ky., E1480 Kind, Ron, Wisc., E1469 Slaughter, Louise McIntosh, N.Y., E1473 Coffman, Mike, Colo., E1478 Kingston, Jack, Ga., E1488, E1490 Smith, Lamar, Tex., E1466 Cohen, Steve, Tenn., E1489 Larson, John B., Conn., E1479 Stupak, Bart, Mich., E1468 Conyers, John, Jr., Mich., E1470 Latham, Tom, Iowa, E1465, E1466, E1467, E1468, E1469 Thompson, Mike, Calif., E1466 Courtney, Joe, Conn., E1483, E1486 Lipinski, Daniel, Ill., E1490 Tiahrt, Todd, Kans., E1465 Crowley, Joseph, N.Y., E1467 McCollum, Betty, Minn., E1478 Towns, Edolphus, N.Y., E1471, E1475 Cuellar, Henry, Tex., E1467 McKeon, Howard P. ‘‘Buck’’, Calif., E1480 Van Hollen, Chris, Md., E1467 Davis, Danny K., Ill., E1479 Maffei, Daniel B., N.Y., E1476 Walden, Greg, Ore., E1474 Delahunt, Bill, Mass., E1470 Marchant, Kenny, Tex., E1479 Wolf, Frank R., Va., E1472, E1486 DeLauro, Rosa L., Conn., E1467 Markey, Edward J., Mass., E1477 Woolsey, Lynn C., Calif., E1470 Diaz-Balart, Mario, Fla., E1489, E1489, E1490 Michaud, Michael H., Me., E1489, E1490 Young, C.W. Bill, Fla., E1473 Dingell, John D., Mich., E1482 Miller, Gary G., Calif., E1465, E1466 Driehaus, Steve, Ohio, E1486 Miller, George, Calif., E1484

(House proceedings for today will be continued in the next issue of the Record.)

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