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

Vol. 157 WASHINGTON, TUESDAY, SEPTEMBER 13, 2011 No. 135 House of Representatives The House met at 10 a.m. and was The wars against our enemies have Aaron Vaughn, Petty Officer 1st called to order by the Speaker pro tem- taken us to the desert of the gun and Class, United States Navy SEAL, Flor- pore (Mr. DUNCAN of Tennessee). the valley of the sun in Afghanistan ida. f and then off to Iraq. I’ve been to Af- Patrick Hamburger, Staff Sergeant, ghanistan and to Iraq, as many Mem- United States Army National Guard, DESIGNATION OF SPEAKER PRO bers have. And I can tell you, Mr. Nebraska. TEMPORE Speaker, that our military that is Next to him is John Faas, Chief The SPEAKER pro tempore laid be- there representing us is the finest mili- Petty Officer, United States Navy fore the House the following commu- tary that has ever existed in the his- SEAL, Minnesota. nication from the Speaker: tory of this country. And the last one on the second row is WASHINGTON, DC, Afghanistan is a land that seems to Matthew Mason, Chief Petty Officer, September 13, 2011. be cursed by God. It is a hard land. And United States Navy SEAL, Missouri. I hereby appoint the Honorable JOHN J. in Afghanistan, on August 6, 2011, spe- I continue with the third row of our DUNCAN, Jr. to act as Speaker pro tempore cially trained United States military warriors: on this day. were headed to root out the Taliban Robert Reeves, a person known by JOHN A. BOEHNER, and help our Army Rangers who needed members of my staff, Chief Petty Offi- Speaker of the House of Representatives. their support. The CH–47 Chinook heli- cer, United States Navy SEAL, Lou- f copter they were in was shot down in isiana. MORNING-HOUR DEBATE the Wardak province of Afghanistan. Next to him is Stephen Mills, Chief Thirty Americans gave their lives that Petty Officer, United States Navy The SPEAKER pro tempore. Pursu- day, as well as eight loyal Afghans. SEAL, from the great State of Texas. ant to the order of the House of Janu- They were our first responders abroad Next to him is Louis Langlais, Mas- ary 5, 2011, the Chair will now recog- who go where the timid are not found ter Chief Petty Officer, United States nize Members from lists submitted by and the weak of soul are never seen. Navy SEAL, California. the majority and minority leaders for Here are their names, Mr. Speaker, and Next, Christopher Campbell, Petty morning-hour debate. their photographs. Officer 1st Class, United States Navy The Chair will alternate recognition The first one here, David Carter, SEAL, North Carolina. between the parties, with each party Chief Warrant Officer of the United The next warrior is Darrik Benson, limited to 1 hour and each Member States Army National Guard, . Petty Officer 1st Class, United States other than the majority and minority Next is Heath Robinson, Chief Petty Navy SEAL, California. leaders and the minority whip limited And the last one on this row is Jason to 5 minutes each, but in no event shall Officer, United States Navy SEAL, Michigan. Workman, Petty Officer 1st Class, debate continue beyond 11:50 a.m. United States Navy SEAL, Utah. Next to him, Mr. Speaker, is Alex- I continue, Mr. Speaker, and I hope f ander Bennett, Sergeant, United States you can see these photographs: Army Reserve, Washington. HONORING AMERICA’S FIRST Jesse Pittman, Petty Officer 1st Next to him is Kraig Vickers, Senior RESPONDERS ABROAD Class, United States Navy SEAL, Cali- Chief Petty Officer, United States The SPEAKER pro tempore. The fornia. Chair recognizes the gentleman from Navy SEAL, Hawaii. Next is Nicholas Spehar, Petty Offi- Texas (Mr. POE) for 5 minutes. Number five on this top line here is cer 2nd Class, United States Navy Mr. POE of Texas. Mr. Speaker, this Jared Day, Petty Officer 1st Class, SEAL, Minnesota. weekend, we honored those killed by United States Navy SEAL, Utah. Andrew Harvell, Staff Sergeant, the attack on America on 9/11—10 years And the last one on the first row is United States Air Force, California. ago. Many of those that were killed Jonas Kelsall, Lieutenant Commander, Daniel Zerbe, Tech Sergeant, United and gave their lives were first respond- United States Navy SEAL, Louisiana. States Air Force, Pennsylvania. ers. And after the smoke cleared that I continue with the second row: John Brown, Tech Sergeant, United day from Ground Zero, from the Pen- Jon Tumilson, Petty Officer 1st States Air Force, Florida. tagon down the street, and that special Class, United States Navy SEAL, Iowa. Kevin Houston, Chief Petty Officer, field in Pennsylvania, America went Next to him is Michael Strange, United States Navy SEAL, Massachu- after Islamic terrorists who would Petty Officer 1st Class, United States setts. murder in the name of religion. Navy SEAL, Pennsylvania. And the last row, Mr. Speaker:

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 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13SE7.000 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6102 CONGRESSIONAL RECORD — HOUSE September 13, 2011 Bryan Nichols, Chief Warrant Officer, b 1010 thing. Yet we’re spending $10 billion a United States Army National Guard, We can and we should combine these month in Afghanistan to prop up a cor- Kansas. efforts with deficit reduction and eco- rupt leader. It makes no sense. It Spencer Duncan, Specialist, United nomic recovery. This is what happened doesn’t make any sense to the Amer- States Army Reserve, Kansas. with Ronald Reagan in 1982, with Bill ican people, and it makes no sense to Nicholas Null, Chief Petty Officer, Clinton in 1993, what was called for by many of us in the House, both Repub- United States Navy SEAL, West Vir- Simpson and Bowles, the cochairs of lican and Democrat. ginia. President Obama’s deficit reduction I understand from the newspapers Thomas Ratzlaff, Senior Chief Petty commission. that there’s a conversation now going Officer, United States Navy SEAL, Ar- Make no mistake. Unmet infrastruc- on between the United States and Af- kansas. ture needs threaten the health and ghanistan which would provide so- Brian Bill, Chief Petty Officer, safety of our communities, our envi- called ‘‘strategic partnership agree- United States Navy SEAL, Con- ronment, and our global competitive- ment’’ between the two, America and necticut. ness. Congress will find a tremendous Afghanistan, and this means that we And John Douangdara, Petty Officer coalition supporting bold action from could keep approximately 35,000 to 1st Class, United States Navy SEAL, the business community, organized 40,000 troops past 2014, 2015. This does Nebraska. labor, contractors, environmentalists, not make any sense. I hope that this is Mr. Speaker, these are the men who engineers, architects, local govern- not true, but I’m afraid that it is true. gave their lives so that others could ment. The list is extensive, broad, and And something else that bothers me live. And while we mourn the lives the commitment is deep. Many com- about this conversation is that it will they gave for the rest of us, we should munities and some States have already not be called a treaty because, if it’s thank the good Lord that such men as stepped up on their own. called a treaty, it has to come to Con- these lived—the Americans, the Amer- It’s now time for the Federal Govern- gress and be approved by Congress. ican breed, the rare breed, the finest we ment to be a better partner, reclaiming This, again, takes away the voice of have. the legacy of Abraham Lincoln, Teddy the American people, especially on this And that’s just the way it is. Roosevelt, Franklin Roosevelt, and Ei- issue of Afghanistan, when the Amer- f senhower, back when infrastructure in- ican people, in large numbers in all the latest polls, are saying get out, get out, REBUILDING AND RENEWING vestment was not partisan or particu- get out. AMERICA larly controversial, but a national vi- History has proven that Afghanistan sion that brought us together. The SPEAKER pro tempore. The will never be anything more than what We can begin by passing this legisla- Chair recognizes the gentleman from it is today. Great nations have tried in tion later this afternoon. We need to Oregon (Mr. BLUMENAUER) for 5 min- the past to try to create a national move to a larger and a longer term utes. government in Afghanistan, and it agenda as we rebuild and renew Amer- Mr. BLUMENAUER. Mr. Speaker, never happened. Here we are going to ica, jump-start the economy, and make there has been much talk about jobs spend $10 billion a month, $120 billion a our families safer, healthier, and more and economic recovery—sadly, more year, to rebuild Afghanistan, and we economically secure. talk than action. don’t even have the money to rebuild Today’s consideration of extending f America. the Surface Transportation Act and AFGHANISTAN I hope that the Congress will join the FAA Authorization, both of which those of us, again, Mr. MCGOVERN and have expired, is a positive develop- The SPEAKER pro tempore. The myself and many others I could name ment. It puts a little more certainty Chair recognizes the gentleman from in the House, that want to bring our for our partners in the State and local North Carolina (Mr. JONES) for 5 min- troops home. government. It avoids disastrous rev- utes. It brings me back to an article writ- enue losses. It’s a positive signal of co- Mr. JONES. Mr. Speaker, like all my ten by Andrew Bacevich. He was a operation, with Chairs MICA and BOXER colleagues, I was home during the Au- Vietnam veteran himself. His son was working with Majority Leader REID gust break, accepting opportunities to killed in Iraq. And he wrote an article and Speaker BOEHNER. And it leaves speak at civic clubs, at town forums, in the American Conservative about 2 important policies intact. and I did speak to a couple of military years ago called ‘‘To Die for a Mys- The 1991 ISTEA framework has prov- retiree groups. tique,’’ talking about Afghanistan. en effective in meeting transportation Every time that I would make the Mr. Speaker, I hope that we will con- needs and providing economic activity. statement that it is time to bring our tinue to bring forward on the floor of But now let’s concentrate on what we troops home from Afghanistan—Mr. the House the issue of Afghanistan. It’s do need. Speaker, I’m not an excellent speaker, not right to those families. It’s not We need more money, not less. Cer- I’m not even a good speaker, but I got right to our military. Many of them tainly we must reject the 30 percent applause, strong applause, from every have had five, six, seven deployments. transportation cut that is called for in one of those groups that I just named. They’re tired. They’re worn out. the Republican budget, or a 34 percent They agree with me and many of my They’ve done their job. Bin Laden is reduction that’s called for in the colleagues, one being on the floor dead. Al Qaeda has been moved out of Transportation appropriations bill that today, JIM MCGOVERN from Massachu- Afghanistan. It is time to bring them is being considered. We need longer- setts, that it’s time to bring an end to home and rebuild America and help our term legislation, not shorter. Three our involvement in Afghanistan. veterans find jobs. I want to thank the months for aviation, 6 months for The amount of loss of lives is just as- President for mentioning that yester- transportation is better than what tounding. And I have beside me a post- day. We’ve got to help our veterans we’ve been putting up with, but cer- er that depicts the pain of war. This find jobs. tainly not what our partners deserve. lady and her little girl are accepting a Mr. Speaker, I’m going to close now Finally, we need more partnerships folded flag off the coffin of her husband as I always do because it comes from with our regional engines of growth at and the little girl’s daddy. And the lit- my heart. I’ve signed over 10,374 letters the local level, not a pullback by the tle girl is looking up like ‘‘I don’t know since we went into Iraq. That was a Federal Government. We need a full re- what’s happening.’’ The wife is crying. mistake on my part to give President authorization, one that is right sized How many more families have to cry? Bush the authority to go into a war for America’s needs. We need to be How many children have to say, ‘‘I that never had to be fought. more ambitious in terms of what we don’t know my daddy; I didn’t know So I ask God to please bless our men spend. Remember all the expert bipar- my daddy because I was so young when and women in uniform. I ask God to tisan commissions that called for much he died’’? please bless the families of our men greater levels of investment 5 years The President is asking for a jobs and women in uniform. I ask God, in ago. The need has not declined at all. program. I think he’s doing the right His loving arms, to hold the families

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.003 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6103 who’ve given a child dying for freedom tral space in Comuna 13. There we met Accordingly (at 10 o’clock and 22 in Afghanistan and Iraq. leaders from Hip Hop Red Elite, Hip minutes a.m.), the House stood in re- I ask God to please bless the House Hoppers for Peace, and the Kolacho cess until noon. and Senate that we will do what is School, a music training school named f right in the eyes of God for God’s peo- in memory of a young boy killed in ple. I ask God to give wisdom, Comuna 13. The groups reach young b 1200 strength, and courage to President people through the use of music and AFTER RECESS Obama, that he will do what is right in dance, helping them become leaders. The recess having expired, the House the eyes of God for God’s people. These youth then use their art to reach was called to order by the Speaker at And I will say three times, God, others in their schools and on the noon. please, God, please, God, please con- streets with the message of non- tinue to bless America. violence. f f We went across town to Casa de la PRAYER Cultura, one of the few neutral spaces ALTERNATIVES TO VIOLENCE: in Comuna 8. Reverend Dr. Leroy Adams, Jr., HOPE IN MEDELLIN Morning Star Baptist Church, Omaha, The SPEAKER pro tempore. The b 1020 Nebraska, offered the following prayer: Chair recognizes the gentleman from We met students in youth groups Our God, we come with gratitude for Massachusetts (Mr. MCGOVERN) for 5 called Diafora, La Villa, AK–47, New another day and with thanksgiving in minutes. Dance and others. Their determination our hearts for the privilege of life and Mr. MCGOVERN. Mr. Speaker, at the and enthusiasm to create a better fu- the opportunity to make this day pur- end of August, I was part of a weeklong ture were undeniable. Rap group AK–47 poseful. fact-finding delegation to Colombia co- joined with students playing classical We ask for Your blessings to this leg- ordinated by the Washington Office on music. They put on a stunning rap pro- islative body as they govern the wel- Latin America. gram against gang violence. I could fare of all people of this great Nation. Our first stop was in Medellin. Hailed have listened to their powerful words Endow them with wisdom, discern- during 2005 to 2008 as the so-called and music all day. ment, courage, and conviction to en- ‘‘Medellin Miracle,’’ we now know that We ended the day sitting on the gage the issues of our day and for the the miracle was more illusion than re- ground above a small park in Comuna generations to come to be better off as ality, created by the iron fist of para- 5 talking with more than 20 youth lead- a result of all decisions made within military leader Diego Murillo, alias ers about their daily lives and how this assembly hall. Don Berna. He controlled all criminal they use art to promote human rights, Finally, I pray to You that a spirit of activity in the poorest districts, or recapture historic memory, and create cooperation and sincerity would tran- comunas, as they’re known, that sur- a better community. I told them they scend our Nation to have solidarity, round central Medellin. Since his 2008 should run for office because Medellin’s peace, and equality for all. extradition to the United States, hell future depended on their leadership. We ask this to be done this day and has returned to the comunas, as neo- The next day, our delegation re- in the days to come to give glory and paramilitary drug lords fight for con- turned to Comuna 5, this time with the honor to You, our God, and we pray trol of drug trafficking, extortion, and Catholic Church and the mayor’s ad- that Your blessings be upon us always. other criminal activity. viser on peace and reconciliation. We In Your name, we pray. Amen. But the ‘‘miracle’’ wasn’t a total illu- met former and current gang members. f sion. During those years of relative We heard impassioned stories about calm, the municipal government, under how they want to leave the gangs and THE JOURNAL Mayor Sergio Fajardo, and his suc- the endless violence. It’s not an easy The SPEAKER. The Chair has exam- cessor, current Mayor Alonso Salazar, choice. They fear retaliation and not ined the Journal of the last day’s pro- made significant investments in youth being able to support their families. ceedings and announces to the House organizations, education, and basic Many people in Medellin are helping his approval thereof. human services in the poorest neigh- them lay down their arms, but their fu- Pursuant to clause 1, rule I, the Jour- borhoods. In greater Medellin, invest- tures are dangerous and limited. They nal stands approved. ments resulted in public parks, rec- also lack confidence in the police, some f reational spaces, culture, and a new of whom are allied with one faction or public transit system. These changes, another in the gang wars. PLEDGE OF ALLEGIANCE large and small, have helped civil soci- These youth put themselves at risk The SPEAKER. Will the gentleman ety to better weather and confront the for advocating alternatives to violence from Ohio (Mr. JOHNSON) come forward current explosion of violence that and envisioning a future far different and lead the House in the Pledge of Al- keeps Medellin in the ranks of Latin from the reality that surrounds them. legiance. America’s most violent cities. They deserve our respect and our sup- Mr. JOHNSON of Ohio led the Pledge There are an estimated 3,800 or more port—not just with funding but by in- of Allegiance as follows: gang members in Medellin. And about creasing their visibility and their legit- I pledge allegiance to the Flag of the 70 percent of their ranks are made up imacy. United States of America, and to the Repub- of young people between the ages of 11 Rarely on my trips to Colombia have lic for which it stands, one nation under God, and 17. In the past 2 years, nearly 2,000 I left the place with such strong and indivisible, with liberty and justice for all. young people between the ages of 11 positive feelings; and after spending f and 25 have been killed. time in the most dangerous areas of WELCOMING REVEREND DR. We spent an entire day meeting with the city, I came away with a sense of LEROY ADAMS, JR. people and youth organizations in hope. three of the city’s most violent dis- I often speak of what’s going wrong The SPEAKER. Without objection, tricts, Comunas 13, 8, and 5. Our guides in Colombia and the many problems the gentleman from Nebraska (Mr. were the dedicated staff of Fundacion that need to be addressed. In Medellin TERRY) is recognized for 1 minute. Mi Sangre. They introduced us to John I found many examples of what is going There was no objection. Jaime Sanchez, the director of Son right. (Mr. TERRY asked and was given Bata, an Afro-Colombian group that f permission to revise and extend his re- has achieved international fame by marks.) using music to help Comuna 13’s young RECESS Mr. TERRY. Mr. Speaker, I am hon- people find alternatives to violence. The SPEAKER pro tempore. Pursu- ored to recognize our guest chaplain, We visited a local YMCA and its di- ant to clause 12(a) of rule I, the Chair my fellow Nebraskan and friend, Rev- rector, Alexandra Castillon. The YMCA declares the House in recess until noon erend Dr. Leroy E. Adams, Jr., who has has long served as an anchor and neu- today. served as the senior pastor of Omaha’s

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.006 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6104 CONGRESSIONAL RECORD — HOUSE September 13, 2011 Morning Star Baptist Church since PRESIDENT’S SECOND STIMULUS get the job done here, people out there September of 1999. INCREASES DEBT AND TAXES will get jobs. Prior to serving in Omaha, Reverend (Mr. WILSON of South Carolina f Adams’ ministry spanned more than a asked and was given permission to ad- JOB CREATION decade in Lawton, Oklahoma, and in- dress the House for 1 minute and to re- cludes serving as a pastor in Stuttgart, vise and extend his remarks.) (Mr. FINCHER asked and was given Germany, for 2 years. Reverend Adams Mr. WILSON of South Carolina. Mr. permission to address the House for 1 has earned his bachelor’s, master’s, and Speaker, last Thursday the President minute.) doctoral degrees from the Anderson- addressed a joint session of Congress in Mr. FINCHER. Mr. Speaker, I come ville Baptist Seminary, and he is a order to describe his second stimulus. to the floor this morning to discuss the graduate of the Harvard Divinity This proposal would create $447 billion need to create jobs, my priority since I School’s Leadership Institute. in new spending, being paid for by tax arrived here in January. He has made his country a priority. increases. Last Thursday, the President ad- He is an 8-year veteran, having served House Republicans remain com- dressed Congress about his proposal to honorably in the United States Army. mitted to working together in order to create jobs and move this country for- He has made our Omaha community a create job growth and promote an envi- ward. We must do better. priority, particularly the more vulner- ronment that allows for small busi- Recently, I introduced two bills that able citizens, our youth, and our sen- nesses to hire workers. Sadly, the ad- are my proposals to help spur job cre- iors. ministration’s proposal pushes new ation: When youth violence arose in our taxes on small businesses, which would I introduced the America’s Energy community, it was Reverend Dr. create an environment that destroys Independence Act, which would prevent Adams who reached out to other pas- jobs. The President was previously cor- the EPA from enforcing its cross-State tors in North Omaha to unify efforts rect, saying you do not increase taxes pollution rule for 10 years to keep the and message against the violence in in a recession. Raising taxes destroys flow of electricity high and the cost of our neighborhoods. He has reached out jobs. electricity for America’s families low. to help our seniors who needed hous- The administration’s last stimulus The President recognized that the ing. added $814 billion to our debt. More im- EPA’s new smog standards would lead Reverend Adams is nationally known portantly, it failed to accomplish the to job losses, but he played politics and as a wonderful preacher, a great teach- goal of keeping below only rescinded the standards until er, an irreplaceable pillar in our com- 18 percent. Currently, 14 million people right after the election. munity, and a friend to many. He is are unemployed and 25 million who I also introduced the Invest in Amer- blessed by his two children, Leroy and want a full-time job do not have one. ica Act, which would suspend the cap- Maria, and Omaha is, in turn, blessed The House Republicans have passed ital gains tax for 10 years, providing by this minister and his family. numerous bills to create jobs. House more certainty to families who are May God continue to bless his life, Republicans have shown their commit- being penalized for selling their homes, his family, and his ministry for years ment to jump-starting the ability of their investments and farms. to come. small businesses to create jobs. Instead of spending money we don’t have on initiatives that don’t work, f In conclusion, God bless our troops, and we will never forget September the these bills provide actual help to ANNOUNCEMENT BY THE SPEAKER 11th in the global war on terrorism. Americans so they can get back to the business of making America great. PRO TEMPORE f f The SPEAKER pro tempore (Mr. JOBS YODER). The Chair will entertain up to b 1210 (Ms. HOCHUL asked and was given 15 further requests for 1-minute speech- REGULATING CORPORATE es on each side of the aisle. permission to address the House for 1 minute and to revise and extend her re- ELECTION EXPENDITURES f marks.) (Ms. EDWARDS asked and was given Ms. HOCHUL. Mr. Speaker, I come permission to address the House for 1 ‘‘YES’’ TO JOBS from a part of this country where my minute and to revise and extend her re- (Mrs. MALONEY asked and was given constituents are real down-to-earth marks.) permission to address the House for 1 people, commonsense people. Ms. EDWARDS. Mr. Speaker, John minute.) We want a good education for our Paul Stevens warned that the Supreme Mrs. MALONEY. Mr. Speaker, data kids, we want Medicare and Social Se- Court’s ruling in Citizens United from the Bureau of Labor Statistics curity for our seniors, and we want the threatened to undermine the integrity shows that while 14 million Americans Buffalo Bills to continue their winning of elected institutions around the are looking for work, there are only 3 streak. But more than anything, we country. How right he was. million job openings. This means that want to get our people back to work— Since the Court’s decision last Janu- if every single job was filled outright, for our kids who thought a college edu- ary, corporate special interests have there would still be 11 million Ameri- cation was the ticket to a good job, for had unprecedented freedom to spend on cans unemployed and looking for work. our veterans who stepped out of line to our elections. In fact, campaign spend- Passing the President’s jobs bill will go fight and protect us who now find ing by outside groups surged to more help these people and help our overall themselves in the unemployment line, than $300 million in the 2010 election economy. According to Mark Zandi, and for middle managers who thought cycle and are already off the charts for Moody’s economist, the President’s they were set for life until the day the this cycle. Likewise, State laws that plan would add 2 percentage points to pink slip showed up on their desk and limited corporate bankrolling of can- the GDP growth next year, add 1.9 mil- turned their lives upside down. didates have been struck down. lion jobs by next year, and cut the un- We all know we have to get this Mr. Speaker, we have unprecedented employment rate by 1 percentage point country back to work. We need to pass challenges in front of us. But how do next year. the American Jobs Act to do just that. we make the tough choices on the Published reports indicate that Just 24 hours ago, Democrats and Re- economy, on taxes, on protecting the economists across this country are giv- publicans stood shoulder to shoulder on vulnerable and investing in the future ing the President’s plan a thumb’s up. the steps of this Capitol, united in re- and creating jobs? We cannot stand This is a clear chance for all of us to membrance of 10 years ago, the 10th idly by while deeply flawed interpreta- say ‘‘yes’’—yes to growth, yes to a mid- anniversary of 9/11. Why can’t we stand tions of the Constitution are used to dle class tax cut, and, most impor- together again and do what’s right for obstruct our democracy rather than tantly, yes to jobs and our overall the American people, Democrats and guiding it, putting lobbyists and piles economy. Republicans shoulder to shoulder? If we of cash into policy and elections.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.009 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6105 It’s time for the people’s House to back to work. The American people lit- Mr. PALAZZO. Mr. Speaker, Mis- stop the madness; and so this week I erally can’t afford to wait a single day sissippi is a great place to live, work, joined with Judiciary Committee more. It’s time to pass the American and raise a family; and I want to keep Ranking Member CONYERS to reintro- Jobs Act now. it that way. Mississippi is a proud duce a constitutional amendment, f right-to-work State. My State has at- House Joint Resolution 78, to reclaim tracted and continues to attract high- RESPONSIBLE CHOICES Congress and to regulate corporate ex- tech economic development projects penditures. (Mr. HULTGREN asked and was and advanced manufacturing facilities. f given permission to address the House At a time when more than 14 million for 1 minute.) workers are unemployed, we must do EMPOWERING PARENTS THROUGH Mr. HULTGREN. Mr. Speaker, in everything possible to remove govern- QUALITY CHARTER SCHOOLS ACT these dire financial times, government ment barriers to job creation and eco- (Mr. GRIFFIN of Arkansas asked and must identify what works and what nomic growth. As South Carolina was given permission to address the doesn’t, even when it comes to sex edu- knows too well, the National Labor Re- House for 1 minute.) cation for our kids. lations Board is stifling job creation, Mr. GRIFFIN of Arkansas. Mr. The CDC released a fascinating study and their Federal intrusion must be re- Speaker, I rise today in support of H.R. this year that found that two-thirds of strained. 2218, the Empowering Parents Through teens, ages 15 to 17, are abstaining from The Protecting Jobs from Govern- Quality Charter Schools Act. sex. In fact, 70 percent of parents sup- ment Interference Act will prohibit the This bill strikes close to home for me port abstinence until marriage for NLRB from dictating where a private and my district in Arkansas where one their teens. sector employer can locate. This is charter school program, the Knowledge But under this administration, we good for job seekers as well as job cre- is Power Program, or KIPP, as it is have seen a troubling 16:1 funding dis- ators. Without restraint, all States, es- called, has had a profound impact on parity between contraceptive-centered pecially right-to-work States like my the lives of its students and their fami- education and sexual risk avoidance Mississippi, will be negatively im- lies. education. pacted. We like to work in Mississippi In one of the poorest cities in Amer- That’s why last week I filed a bill, and we like jobs, and we want more of ica, the town of Helena-West Helena H.R. 2874, to restore fairness to the them, not less. has instituted a charter school that funding and direct it instead to pro- f empowers students from high poverty grams which give our kids the facts communities to develop the character, about contraception without distorting SUPPORT AMERICAN JOBS ACT knowledge, and skills necessary to fol- them. (Ms. EDDIE BERNICE JOHNSON of low their dreams and, more impor- I am a dad of four great kids, two of Texas asked and was given permission tantly, learn to value a life in pursuit them teenagers. I have a 15-year-old to address the House for 1 minute.) of knowledge and truth. daughter, Kylie, and a 17-year-old son, Ms. EDDIE BERNICE JOHNSON of KIPP students go above and beyond Karsten, who may, in fact, be watching Texas. Mr. Speaker, I rise today in what is required; and for that, our right now. Nothing is more important strong support of President Obama’s country is a better place. These stu- to me than seeing them make respon- American Jobs Act. As a senior mem- dents have their parents and teachers sible choices. I have every confidence ber of the House Transportation and to thank. They are always accessible that they will. Now I’m just hoping the Infrastructure Committee, I am espe- and always committed to their edu- House and Senate will do the same. cially glad to see that the President cation and their well-being. The KIPP f has maintained his unwavering com- approach shows that high standards JOBS mitment to modernizing America’s in- overcome the obstacles created by frastructure. Our roads, bridges, high- socioeconomics and circumstances, as (Ms. CHU asked and was given per- ways, and transit systems support mil- evidenced by KIPP Delta’s first grad- mission to address the House for 1 lions of jobs throughout the country uating class, 100 percent of which now minute.) that are crucial to strengthening our attend college, and the establishment Ms. CHU. Mr. Speaker, we are in a economy. of a new KIPP school in Blytheville, time of national economic crisis. There The establishment of a national in- Arkansas. are 14 million Americans without a job. frastructure bank is a bipartisan pro- I urge my colleagues to pass this bill There are another 12 million who wish posal that I have been a strong pro- so children and their families all across they could work but have given up ponent of for many years. More re- the country have the opportunity to looking altogether. cently, I have learned that my senior empower their own lives, their fami- That’s why last week President Senator is also very supportive. This lies, and their communities. Obama presented Congress with an ur- bank would leverage private and cap- f gent proposal to create jobs and fix the ital funds to invest in infrastructure economy. Republican economist Mark JOBS NOW projects of a national significance. It’s Zandi declared the President’s plan public and private partnerships like (Mr. CICILLINE asked and was given would keep the U.S. from sliding back this that make our country succeed, permission to address the House for 1 into the recession, add two points to and we need more of them. I urge all of minute.) the GDP, and add 1.9 million jobs. This my colleagues to support this bipar- Mr. CICILLINE. Mr. Speaker, Presi- plan is based on bipartisan proposals, tisan measure. dent Obama has offered the American and it won’t add a dime to the deficit. God bless the troops, God bless Amer- Jobs Act, a clear path forward to put- After 9 months of taking over the ica, and God bless the Members of the ting our country back to work, helping House, Republicans have not presented people’s House to rise above partisan- small businesses succeed and hire and a single jobs bill. It’s well past time for ship and be bipartisan in addressing providing tax relief for our workers and them to put politics aside and come to- the people’s problems. rebuilding America. The emphasis of gether with Democrats to put the the plan is immediate action that will country back to work. With so many f preserve and create jobs now. It will people suffering, we must act and we b 1220 put money into the pockets of working must act now. GOOD JOBS NOW Americans now, and it will give busi- f nesses job-creating tax breaks now. It (Mr. ELLISON asked and was given will provide a boost to the economy REDUCING HURDLES TO JOB permission to address the House for 1 that we need now. GROWTH minute.) Mr. Speaker, it’s time for Democrats (Mr. PALAZZO asked and was given Mr. ELLISON. Mr. Speaker, today, and Republicans to work together and permission to address the House for 1 members of the Progressive Caucus with our President to put the country minute.) stood up and displayed a videotape in

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.011 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6106 CONGRESSIONAL RECORD — HOUSE September 13, 2011 which the jobs tour that we went on of the National Labor Relations Board had control of this body. Not one single this summer was revealed. We showed is. That’s evidenced by H.R. 2587. What jobs bill has passed. the cities where Americans of all de- the National Labor Relations Board Yesterday, the President gave us a scription stood up and said, We need does is simply enforces the rights of specific plan, but we’ve already heard jobs, good jobs, now. Americans from workers. We are a great economy and from some colleagues on the other side Detroit to Oakland and Minneapolis, we are a great country because we rec- of the aisle that they will not be in Miami, all over this country, we went ognize that we are all workers and that support of it. Is this a part of their no- to talk to them face-to-face, and they as workers we have rights to be pro- jobs agenda for the fall? It looks like told us what they wanted. They did tected. One of the rights is to act in a it. It’s certainly not leadership, and their part by coming to tell us what concerted manner. And that’s what it’s not governance. they wanted. this is all about. It protects people’s f Now it’s time for us to do our part as rights to act together if they so wish. PASS THE AMERICAN JOBS ACT Congress. Members of the Progressive Now what is wrong with that? That’s Caucus will and are and already have what makes us the United States of (Ms. LEE asked and was given per- introduced legislation dealing with America. That’s what makes us the mission to address the House for 1 good jobs—and good jobs now—in infra- greatest economy of the world. And minute and to revise and extend her re- structure, education, fair trade, and that’s what makes us a country that marks.) things like manufacturing. We’re going understands that in order to be a great Ms. LEE. Mr. Speaker, today, the to be forcing this agenda. It’s what the economy, we must never forget the Census Bureau came out with new American people expect, what they de- workers. We must never forget their numbers on poverty in America. In mand. And anyone who does not stand rights. And we must always protect 2010, 15.1 percent, which is 46.1 million with us on this jobs agenda will be re- them. Americans, lived in poverty. This is up from 14.3 percent, or 43.6 million Amer- vealed to be not a friend of the Amer- f ican worker. icans, in 2009. And 2.6 million more AMERICAN JOBS ACT f Americans fell into the ranks of the (Ms. MOORE asked and was given poor. For 2.3 percent of Americans, HOW TO CREATE JOBS permission to address the House for 1 their incomes fell. This trend really (Mr. COHEN asked and was given per- minute and to revise and extend her re- does carry long-term and short-term mission to address the House for 1 marks.) consequences for our children, our fam- minute.) Ms. MOORE. Mr. Speaker, the Presi- ilies, and for our national and eco- Mr. COHEN. Last week, the Presi- dent has sent us the American Jobs nomic security. These are not people in dent came to this House and gave an Act, a plan to put the country back to Democratic districts only. These are historic address in a joint session work while it makes investments in individuals who live in Republican dis- about the American Jobs Act. There our struggling economy. tricts and Republican Tea Party dis- were things in his proposal that I felt This bill would modernize and reha- tricts and independent districts. These really good about and some that I felt bilitate 30,000 public schools; establish are people who live all over the coun- not so good about. But I’m going to a desperately needed infrastructure try. support the President because our bank; pump $50 billion into our aging This summer, the Congressional country needs jobs. People in my dis- roads, bridges, railroads, and airports. Black Caucus and the Progressive Cau- trict need jobs. This is the way to pro- In fact, we have 71,000 ‘‘structurally de- cus went out and we listened to people. vide jobs. ficient’’ bridges in this country. We’re We helped find jobs for people. The sto- You don’t provide jobs by putting off falling behind the rest of the world ries that we heard were quite depress- EPA regulations, costing 350,000 lives when it comes to modern railways, ing but also reminded us of the job that by causing people to have breathing roads, and schools. And this bill is of we have to do. I want to just tell you difficulties and asthma. Two friends of critical importance to my district. Of one story of children who are now tak- mine have had lung cancer and lost a the Nation’s cities, Milwaukee has the ing care of their parents because their lung. They may lose their life without second-largest percentage of its work- parents lost a job. These children are a transplant, which also may put them force in the manufacturing sector. working at minimum wage jobs, for in- in jeopardy of losing their lives. That’s Passing this bill means jobs for my stance, at McDonald’s. This is a moral not the way you create jobs. You cre- constituents making support beams for outrage. We’ve got to pass the Amer- ate jobs by giving people opportunities bridges, manufacturing tools, building ican Jobs Act. Until we create jobs— with summer youth programs and in- engines, putting together construction and there are four individuals for one frastructure jobs that create even more equipment, designing and producing job—we need to pass H.R. 589, which jobs. And tax breaks for small business. computers for airports; trucking, rail, would extend That’s been offered. I hope we can come and port transportation. And yes, it for those who have hit the 99 wall. together in a bipartisan way. even means making bacon and eggs at That’s the least we can do until we cre- I watched the Republican debate last the local diner to support these work- ate these jobs. night, and one of the candidates sug- ers. f gested it was the ‘‘Obama depression.’’ Mr. Speaker, let’s put America back b 1230 I can’t believe people are doing that. to work. Pass the American Jobs Act We just saw 9/11 and thought of the and pass it now. SURFACE AND AIR TRANSPOR- horrors. The unfunded wars in Iraq and f TATION PROGRAMS EXTENSION Afghanistan have caused this Bush re- ACT OF 2011 AMERICAN JOBS AGENDA cession. Mr. MICA. Mr. Speaker, I move to f (Mr. JOHNSON of Georgia asked and suspend the rules and pass the bill was given permission to address the PROTECT JOBS (H.R. 2887) to provide an extension of House for 1 minute and to revise and surface and air transportation pro- (Ms. HANABUSA asked and was extend his remarks.) grams, and for other purposes. given permission to address the House Mr. JOHNSON of Georgia. Mr. Speak- The Clerk read the title of the bill. for 1 minute.) er, I rise to talk about jobs today. The text of the bill is as follows: Ms. HANABUSA. Mr. Speaker, we’ve The Republicans have taken us H.R. 2887 been talking about jobs, and we’ve been through a no-jobs winter agenda, a no- Be it enacted by the Senate and House of Rep- talking about our economy and how jobs spring agenda, a no-jobs summer resentatives of the United States of America in jobs relate to that. We must remember agenda, and now we are about to enter Congress assembled, one thing: We are all workers. So, Mr. fall. Everybody is talking about jobs SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Speaker, one of the things that’s very but they’re not really doing anything, (a) SHORT TITLE.—This Act may be cited as troubling is the fact that we don’t other than blaming the President. It’s the ‘‘Surface and Air Transportation Pro- seem to have a grasp on what the role been 250 days since Republicans have grams Extension Act of 2011’’.

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(b) TABLE OF CONTENTS.—The table of con- (b) AUTHORIZATION OF APPROPRIATIONS.— (d) EXTENSION AND FLEXIBILITY FOR CER- tents for this Act is as follows: Except as provided in section 112, there is au- TAIN ALLOCATED PROGRAMS.— Sec. 1. Short title; table of contents. thorized to be appropriated out of the High- (1) FISCAL YEAR 2012.—Notwithstanding any way Trust Fund (other than the Mass Tran- TITLE I—EXTENSION OF SURFACE other provision of law, for the period begin- sit Account) for the period beginning on Oc- TRANSPORTATION PROGRAMS ning on October 1, 2011, and ending on March tober 1, 2011, and ending on March 31, 2012, a 31, 2012, the portion of the share of funds of Sec. 101. Short title. sum equal to 1⁄2 of the total amount author- a State under subsection (b) determined by Subtitle A—Federal-Aid Highways ized to be appropriated out of the Highway 1⁄2 of the amount that the State received or Sec. 111. Extension of Federal-aid highway Trust Fund for programs, projects, and ac- was authorized to receive for fiscal year 2011 programs. tivities for fiscal year 2011 under titles I, V, to carry out sections 1301, 1302, 1307, 1702, and Sec. 112. Administrative expenses. and VI of SAFETEA–LU (119 Stat. 1144) and 1934 of SAFETEA–LU (119 Stat. 1198, 1204, title 23, United States Code (excluding chap- Subtitle B—Extension of Highway Safety 1217, 1256, and 1485) and section 144(f)(1) of ter 4 of that title). Programs title 23, United States Code, shall be— (c) USE OF FUNDS.— (A) made available to the State for pro- Sec. 121. Extension of National Highway (1) FISCAL YEAR 2012.—Except as otherwise grams apportioned under sections 104(b) and Traffic Safety Administration expressly provided in this title, funds au- 144 of title 23, United States Code, and in the highway safety programs. thorized to be appropriated under subsection same proportion for each such program Sec. 122. Extension of Federal Motor Carrier (b) for the period beginning on October 1, that— Safety Administration pro- 2011, and ending on March 31, 2012, shall be (i) the amount apportioned to the State for grams. distributed, administered, limited, and made that program for fiscal year 2011; bears to Sec. 123. Additional programs. available for obligation in the same manner (ii) the amount apportioned to the State and at the same level as 1⁄2 of the total Subtitle C—Public Transportation Programs for fiscal year 2011 for all programs appor- amount of funds authorized to be appro- Sec. 131. Allocation of funds for planning tioned under such sections of such Code; and priated out of the Highway Trust Fund for programs. (B) administered in the same manner and fiscal year 2011 to carry out programs, Sec. 132. Special rule for urbanized area for- with the same period of availability as such projects, activities, eligibilities, and require- mula grants. funding is administered under programs Sec. 133. Allocating amounts for capital in- ments under SAFETEA–LU (Public Law 109– 59), the SAFETEA–LU Technical Corrections identified in subparagraph (A), except that vestment grants. no funds may be used to carry out the Sec. 134. Apportionment of formula grants Act of 2008 (Public Law 110–244), titles I and VI of the Intermodal Surface Transportation project described in section 1307(d)(1) of for other than urbanized areas. SAFETEA–LU (119 Stat. 1217; 122 Stat. 1577). Sec. 135. Apportionment based on fixed Act of 1991 (Public Law 102–240), titles I and V of the Transportation Equity Act for the (2) TERRITORIES AND PUERTO RICO.— guideway factors. (A) FISCAL YEAR 2012.—Notwithstanding any Sec. 136. Authorizations for public transpor- 21st Century (Public Law 105–178), and title 23, United States Code (excluding chapter 4 other provision of law, for the period begin- tation. ning on October 1, 2011, and ending on March Sec. 137. Amendments to SAFETEA–LU. of that title). (2) CALCULATION.—The amounts authorized 31, 2012, the portion of the share of funds of Subtitle D—Highway Trust Fund Extension to be appropriated under subsection (b) shall a territory or Puerto Rico under subsection Sec. 141. Extension of trust fund expenditure be calculated taking into account any rescis- (b) determined by 1⁄2 of the amount that the authority. sion or cancellation of funds or contract au- territory or Puerto Rico received or was au- Sec. 142. Extension of highway-related thority for fiscal year 2011 required by the thorized to receive for fiscal year 2011 to taxes. Department of Defense and Full-Year Con- carry out section 1934 of SAFETEA–LU (119 TITLE II—EXTENSION OF AIR tinuing Appropriations Act, 2011 (Public Law Stat. 1485), shall be— TRANSPORTATION PROGRAMS 112–10) or any other law. (i) for a territory, made available and ad- ministered in the same manner as funding is Sec. 201. Short title. (3) CONTRACT AUTHORITY.— made available and administered under sec- Sec. 202. Extension of taxes funding Airport (A) IN GENERAL.—Except as provided in tion 215 of title 23, United States Code; and and Airway Trust Fund. subparagraph (B), funds authorized to be ap- Sec. 203. Extension of Airport and Airway propriated under this section shall be avail- (ii) for Puerto Rico, made available and ad- Trust Fund expenditure author- able for obligation and shall be administered ministered in the same manner as funding is ity. in the same manner as if such funds were ap- made available and administered under sec- Sec. 204. Extension of airport improvement portioned under chapter 1 of title 23, United tion 165 of title 23, United States Code. program. States Code, and for the period beginning on (B) TERRITORY DEFINED.—In this paragraph, Sec. 205. Extension of expiring authorities. October 1, 2011, and ending on March 31, 2012, the term ‘‘territory’’ means any of the fol- Sec. 206. Federal Aviation Administration shall be subject to a limitation on obliga- lowing territories of the United States: operations. tions for Federal-aid highways and highway American Samoa, the Commonwealth of the Sec. 207. Air navigation facilities and equip- safety construction programs included in an Northern Mariana Islands, Guam, or the ment. Act making appropriations for fiscal year United States Virgin Islands. Sec. 208. Research, engineering, and develop- 2012 or a portion of that fiscal year, except (3) ADDITIONAL FUNDS.— ment. that during such period obligations subject (A) IN GENERAL.—No additional funds shall Sec. 209. Essential Air Service. to such limitation shall not exceed 1⁄2 of the be provided for any project or activity under subsection (c), or paragraph (1) of this sub- TITLE I—EXTENSION OF SURFACE limitation on obligations included in an Act section, that the Secretary of Transpor- TRANSPORTATION PROGRAMS making appropriations for fiscal year 2012. (B) EXCEPTIONS.—A limitation on obliga- tation determines was sufficiently funded be- SEC. 101. SHORT TITLE. tions described in subparagraph (A) shall not fore or during fiscal year 2011 to achieve the This title may be cited as the ‘‘Surface apply to any obligation under— authorized purpose of the project or activity. Transportation Extension Act of 2011, Part (i) section 125 of title 23, United States (B) RESERVATION AND REDISTRIBUTION OF II’’. Code; or FUNDS.—Funds made available in accordance Subtitle A—Federal-Aid Highways (ii) section 105 of title 23, United States with paragraph (1) of subsection (c) or para- SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY Code, for the period beginning on October 1, graph (1) of this subsection for a project or PROGRAMS. 2011, and ending on March 31, 2012, only in an activity described in subparagraph (A) shall (a) IN GENERAL.—Except as provided in this amount equal to $319,500,000. be— title, requirements, authorities, conditions, (4) CALCULATIONS FOR DISTRIBUTION OF OBLI- (i) reserved by the Secretary of Transpor- eligibilities, limitations, and other provi- GATION LIMITATION.—Upon enactment of an tation; and sions authorized under titles I, V, and VI of Act making appropriations for the Depart- (ii) distributed to each State in accordance SAFETEA–LU (Public Law 109–59), the ment of Transportation for fiscal year 2012 with paragraph (1) of subsection (c), or para- SAFETEA–LU Technical Corrections Act of (other than an Act or resolution making con- graph (1) of this subsection, as appropriate, 2008 (Public Law 110–244), titles I and VI of tinuing appropriations), the Secretary for use in carrying out other highway the Intermodal Surface Transportation Act shall— projects and activities extended by sub- of 1991 (Public Law 102–240), titles I and V of (A) as necessary for purposes of making section (c) or this subsection, in the propor- the Transportation Equity Act for the 21st the calculations for the distribution of any tion that— Century (Public Law 105–178), and title 23, obligation limitation under such Act, annu- (I) the total amount of funds made avail- United States Code (excluding chapter 4 of alize the amount of contract authority pro- able for fiscal year 2011 for projects and ac- that title), which would otherwise expire on vided under this title for the period begin- tivities described in subparagraph (A) in the or cease to apply after September 30, 2011, ning on October 1, 2011, and ending on March State; bears to under section 411(a) of the Surface Transpor- 31, 2012, for Federal-aid highways and high- (II) the total amount of funds made avail- tation Extension Act of 2010 (title IV of Pub- way safety construction programs; and able for fiscal year 2011 for those projects lic Law 111–147) are incorporated by ref- (B) multiply the resulting distribution of and activities in all States. erence and shall continue in effect until any obligation limitation under such Act by (e) EXTENSION OF AUTHORIZATIONS UNDER March 31, 2012. 1⁄2. TITLE V OF SAFETEA–LU.—

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(1) IN GENERAL.—The programs authorized 1519) is amended by striking ‘‘and $124,500,000 amended by striking ‘‘2011’’ and inserting under paragraphs (1) through (5) of section for fiscal year 2011.’’ and inserting ‘‘2012’’. 5101(a) of SAFETEA–LU (119 Stat. 1779) shall ‘‘$124,500,000 for fiscal year 2011, and (m) DRUG-IMPAIRED DRIVING ENFORCE- be continued for the period beginning on Oc- $24,250,000 for the period beginning on Octo- MENT.—Section 2013(f) of SAFETEA–LU (23 tober 1, 2011, and ending on March 31, 2012, at ber 1, 2011, and ending on March 31, 2012.’’. U.S.C. 403 note) is amended by striking 1⁄2 of the funding levels authorized for those (e) STATE TRAFFIC SAFETY INFORMATION ‘‘2011’’ and inserting ‘‘2012’’. programs for fiscal year 2011. SYSTEM IMPROVEMENTS.—Section 2001(a)(5) of (n) OLDER DRIVER SAFETY; LAW ENFORCE- (2) DISTRIBUTION OF FUNDS.—Funds for pro- SAFETEA–LU (119 Stat. 1519) is amended by MENT TRAINING.—Section 2017 of SAFETEA– grams continued under paragraph (1) shall be striking ‘‘and $34,500,000 for fiscal year 2011.’’ LU is amended— distributed to major program areas under and inserting ‘‘$34,500,000 for fiscal year 2011, (1) in subsection (a)(1) (119 Stat. 1541), by those programs in the same proportions as and $17,250,000 for the period beginning on striking ‘‘2011’’ and inserting ‘‘2012’’ ; and funds were allocated for those program areas October 1, 2011, and ending on March 31, (2) in subsection (b)(2) (23 U.S.C. 402 note), for fiscal year 2011, except that designations 2012.’’. by striking ‘‘2011’’ and inserting ‘‘2012’’. for specific activities shall not be required to (f) ALCOHOL-IMPAIRED DRIVING COUNTER- SEC. 122. EXTENSION OF FEDERAL MOTOR CAR- be continued for the period beginning on Oc- MEASURES INCENTIVE GRANT PROGRAM.— RIER SAFETY ADMINISTRATION PRO- tober 1, 2011, and ending on March 31, 2012. (1) EXTENSION OF PROGRAM.—Section 410 of GRAMS. (3) ADDITIONAL FUNDS.— title 23, United States Code, is amended— (a) MOTOR CARRIER SAFETY GRANTS.—Sec- (A) IN GENERAL.—No additional funds shall (A) in subsection (a)(3)(C) by striking ‘‘in tion 31104(a) of title 49, United States Code, be provided for any project or activity under each of’’ and all that follows through ‘‘fiscal is amended— this subsection that the Secretary of Trans- years’’ and inserting ‘‘in each of the fifth (1) by striking ‘‘and’’ at the end of para- portation determines was sufficiently funded through eleventh fiscal years’’; and graphs (5) and (6); before or during fiscal year 2011 to achieve (B) in subsection (b)(2)(C) by striking ‘‘fis- (2) by striking the period at the end of the authorized purpose of the project or ac- cal years 2008, 2009, 2010, and 2011’’ and in- paragraph (7) and inserting ‘‘; and’’; and tivity. serting ‘‘each of fiscal years 2008 through (3) by adding at the end the following: (B) DISTRIBUTION.—Funds that would have 2012’’. ‘‘(8) $106,000,000 for the period beginning on been made available under paragraph (1) for (2) AUTHORIZATION OF APPROPRIATIONS.— October 1, 2011, and ending on March 31, a project or activity but for the prohibition Section 2001(a)(6) of SAFETEA–LU (119 Stat. 2012.’’. under subparagraph (A) shall be distributed 1519) is amended by striking ‘‘and $139,000,000 (b) ADMINISTRATIVE EXPENSES.—Section in accordance with paragraph (2). for fiscal year 2011.’’ and inserting 31104(i)(1) of title 49, United States Code, is amended— SEC. 112. ADMINISTRATIVE EXPENSES. ‘‘$139,000,000 for fiscal year 2011, and (1) by striking ‘‘and’’ at the end of subpara- (a) AUTHORIZATION OF CONTRACT AUTHOR- $69,500,000 for the period beginning on Octo- graphs (E) and (F); ITY.—Notwithstanding any other provision of ber 1, 2011, and ending on March 31, 2012.’’. this title or any other law, there is author- (g) NATIONAL DRIVER REGISTER.—Section (2) by striking the period at the end of sub- ized to be appropriated from the Highway 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is paragraph (G) and inserting ‘‘; and’’; and Trust Fund (other than the Mass Transit Ac- amended by striking ‘‘and $4,116,000 for fiscal (3) by adding at the end the following: count), from amounts provided under section year 2011.’’ and inserting ‘‘$4,116,000 for fiscal ‘‘(H) $122,072,000 for the period beginning on 111, for administrative expenses of the Fed- year 2011, and $2,058,000 for the period begin- October 1, 2011, and ending on March 31, eral-aid highway program $196,427,625 for the ning on October 1, 2011, and ending on March 2012.’’. period beginning on October 1, 2011, and end- 31, 2012.’’. (c) GRANT PROGRAMS.—Section 4101(c) of ing on March 31, 2012. (h) HIGH VISIBILITY ENFORCEMENT PRO- SAFETEA–LU (119 Stat. 1715) is amended— (b) CONTRACT AUTHORITY.—Funds author- GRAM.— (1) in paragraph (1) by inserting ‘‘and ized to be appropriated by this section shall (1) EXTENSION OF PROGRAM.—Section 2009(a) $15,000,000 for the period beginning on Octo- be— of SAFETEA–LU (23 U.S.C. 402 note) is ber 1, 2011, and ending on March 31, 2012’’ be- (1) available for obligation, and shall be ad- amended by striking ‘‘2011’’ and inserting fore the period at the end; ministered, in the same manner as if such ‘‘2012’’. (2) in paragraph (2) by inserting ‘‘and funds were apportioned under chapter 1 of (2) AUTHORIZATION OF APPROPRIATIONS.— $16,000,000 for the period beginning on Octo- title 23, United States Code; and Section 2001(a)(8) of SAFETEA–LU (119 Stat. ber 1, 2011, and ending on March 31, 2012’’ be- (2) subject to a limitation on obligations 1520) is amended by striking ‘‘and $29,000,000 fore the period at the end; for Federal-aid highways and highway safety for fiscal year 2011.’’ and inserting (3) in paragraph (3) by inserting ‘‘and construction programs, except that such ‘‘$29,000,000 for fiscal year 2011, and $14,500,000 $2,500,000 for the period beginning on October funds shall remain available until expended. for the period beginning on October 1, 2011, 1, 2011, and ending on March 31, 2012’’ before Subtitle B—Extension of Highway Safety and ending on March 31, 2012.’’. the period at the end; Programs (i) MOTORCYCLIST SAFETY.— (4) in paragraph (4) by inserting ‘‘and (1) EXTENSION OF PROGRAM.—Section $12,500,000 for the period beginning on Octo- SEC. 121. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 2010(d)(1)(B) of SAFETEA–LU (23 U.S.C. 402 ber 1, 2011, and ending on March 31, 2012’’ be- HIGHWAY SAFETY PROGRAMS. note) is amended by striking ‘‘fourth, fifth, fore the period at the end; and (a) CHAPTER 4 HIGHWAY SAFETY PRO- and sixth’’ and inserting ‘‘fourth, fifth, sixth, (5) in paragraph (5) by inserting ‘‘and GRAMS.—Section 2001(a)(1) of SAFETEA–LU and seventh’’. $1,500,000 for the period beginning on October (119 Stat. 1519) is amended by striking ‘‘and (2) AUTHORIZATION OF APPROPRIATIONS.— 1, 2011, and ending on March 31, 2012’’ before $235,000,000 for fiscal year 2011.’’ and insert- Section 2001(a)(9) of SAFETEA–LU (119 Stat. the period at the end. ing ‘‘$235,000,000 for fiscal year 2011, and 1520) is amended by striking ‘‘and $7,000,000 (d) HIGH-PRIORITY ACTIVITIES.—Section $117,500,000 for the period beginning on Octo- for fiscal year 2011.’’ and inserting ‘‘$7,000,000 31104(k)(2) of title 49, United States Code, is ber 1, 2011, and ending on March 31, 2012.’’. for fiscal year 2011, and $3,500,000 for the pe- amended by striking ‘‘2011’’ and inserting (b) HIGHWAY SAFETY RESEARCH AND DEVEL- riod beginning on October 1, 2011, and ending ‘‘2011 and $7,500,000 for the period beginning OPMENT.—Section 2001(a)(2) of SAFETEA–LU on March 31, 2012.’’. on October 1, 2011, and ending on March 31, (119 Stat. 1519) is amended by striking ‘‘and (j) CHILD SAFETY AND CHILD BOOSTER SEAT 2012,’’. $108,244,000 for fiscal year 2011.’’ and insert- SAFETY INCENTIVE GRANTS.— (e) NEW ENTRANT AUDITS.—Section ing ‘‘$108,244,000 for fiscal year 2011, and (1) EXTENSION OF PROGRAM.—Section 31144(g)(5)(B) of title 49, United States Code, $54,122,000 for the period beginning on Octo- 2011(c)(2) of SAFETEA–LU (23 U.S.C. 405 is amended by striking ‘‘fiscal year’’ insert- ber 1, 2011, and ending on March 31, 2012.’’. note) is amended by striking ‘‘fourth, fifth, ing ‘‘fiscal year and up to $14,500,000 for the (c) OCCUPANT PROTECTION INCENTIVE and sixth fiscal years’’ and inserting ‘‘fourth, period beginning on October 1, 2011, and end- GRANTS.— fifth, sixth, and seventh fiscal years’’. ing on March 31, 2012,’’. (1) EXTENSION OF PROGRAM.—Section 405(a) (2) AUTHORIZATION OF APPROPRIATIONS.— (f) OUTREACH AND EDUCATION.—Section of title 23, United States Code, is amended— Section 2001(a)(10) of SAFETEA–LU (119 4127(e) of SAFETEA–LU (119 Stat. 1741) is (A) in paragraph (3) by striking ‘‘8’’ and in- Stat. 1520) is amended by striking ‘‘and amended by striking ‘‘2011’’ and inserting serting ‘‘9’’; $7,000,000 for fiscal year 2011.’’ and inserting ‘‘2011 (and $500,000 to the Federal Motor Car- (B) in paragraph (4)(C) by striking ‘‘fifth ‘‘$7,000,000 for fiscal year 2011, and $3,500,000 rier Safety Administration, and $1,500,000 to through eighth’’ and inserting ‘‘fifth through for the period beginning on October 1, 2011, the National Highway Traffic Safety Admin- ninth’’. and ending on March 31, 2012.’’. istration, for the period beginning on Octo- (2) AUTHORIZATION OF APPROPRIATIONS.— (k) ADMINISTRATIVE EXPENSES.—Section ber 1, 2011, and ending on March 31, 2012)’’. Section 2001(a)(3) of SAFETEA–LU (119 Stat. 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is (g) GRANT PROGRAM FOR COMMERCIAL 1519) is amended by striking ‘‘and $25,000,000 amended by striking ‘‘and $25,328,000 for fis- MOTOR VEHICLE OPERATORS.—Section 4134(c) for fiscal year 2011.’’ and inserting cal year 2011.’’ and inserting ‘‘$25,328,000 for of SAFETEA–LU (119 Stat. 1744) is amended ‘‘$25,000,000 for fiscal year 2011, and $12,500,000 fiscal year 2011, and $12,664,000 for the period by striking ‘‘2011’’ and inserting ‘‘2011 and for the period beginning on October 1, 2011, beginning on October 1, 2011, and ending on $500,000 for the period beginning on October and ending on March 31, 2012.’’. March 31, 2012.’’. 1, 2011, and ending on March 31, 2012,’’. (d) SAFETY BELT PERFORMANCE GRANTS.— (l) APPLICABILITY OF TITLE 23.—Section (h) MOTOR CARRIER SAFETY ADVISORY COM- Section 2001(a)(4) of SAFETEA–LU (119 Stat. 2001(c) of SAFETEA–LU (119 Stat. 1520) is MITTEE.—Section 4144(d) of SAFETEA–LU

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A13SE7.013 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6109 (119 Stat. 1748) is amended by striking ‘‘Sep- (i) in the matter preceding clause (i)— SEC. 136. AUTHORIZATIONS FOR PUBLIC TRANS- tember 30, 2011’’ and inserting ‘‘March 31, (I) in the first sentence by striking ‘‘2011’’ PORTATION. 2012’’. and inserting ‘‘2011 and $5,000,000 shall be (a) FORMULA AND BUS GRANTS.—Section (i) WORKING GROUP FOR DEVELOPMENT OF available for the period beginning on October 5338(b) of title 49, United States Code, is PRACTICES AND PROCEDURES TO ENHANCE FED- 1, 2011, and ending on March 31, 2012,’’; and amended— ERAL-STATE RELATIONS.—Section 4213(d) of (II) in the second sentence by striking (1) in paragraph (1)— SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. ‘‘each fiscal year’’; (A) by striking ‘‘and’’ at the end of sub- 1759) is amended by striking ‘‘September 30, (ii) in clause (i) by striking ‘‘$2,500,000’’ and paragraph (E); 2011’’ and inserting ‘‘March 31, 2012’’. inserting ‘‘$2,500,000 for each fiscal year and (B) by striking the period at the end of SEC. 123. ADDITIONAL PROGRAMS. $1,250,000 for the period beginning on October subparagraph (F) and inserting ‘‘; and’’; and (a) HAZARDOUS MATERIALS RESEARCH 1, 2011, and ending on March 31, 2012,’’; (C) by adding at the end the following: PROJECTS.—Section 7131(c) of SAFETEA–LU (iii) in clause (ii) by striking ‘‘$2,500,000’’ ‘‘(G) $4,180,282,500 for the period beginning (119 Stat. 1910) is amended by striking ‘‘2011’’ and inserting ‘‘$2,500,000 for each fiscal year on October 1, 2011, and ending on March 31, and inserting ‘‘2011 and $580,000 for the period and $1,250,000 for the period beginning on Oc- beginning on October 1, 2011, and ending on tober 1, 2011, and ending on March 31, 2012,’’; 2012.’’; and March 31, 2012,’’. (iv) in clause (iii) by striking ‘‘$1,000,000’’ (2) in paragraph (2)— (b) DINGELL-JOHNSON SPORT FISH RESTORA- and inserting ‘‘$1,000,000 for each fiscal year (A) in subparagraph (A) by striking ‘‘ and TION ACT.—Section 4 of the Dingell-Johnson and $500,000 for the period beginning on Octo- $113,500,000 for fiscal year 2011’’ and inserting Sport Fish Restoration Act (16 U.S.C. 777c) is ber 1, 2011, and ending on March 31, 2012,’’; ‘‘$113,500,000 for fiscal year 2011, and amended— (v) in clause (iv) by striking ‘‘$1,000,000’’ $56,750,000 for the period beginning on Octo- (1) in subsection (a) by striking ‘‘2011,’’ and and inserting ‘‘$1,000,000 for each fiscal year ber 1, 2011, and ending on March 31, 2012,’’; inserting ‘‘2011 and for the period beginning and $500,000 for the period beginning on Octo- (B) in subparagraph (B) by striking ‘‘and on October 1, 2011, and ending on March 31, ber 1, 2011, and ending on March 31, 2012,’’; $4,160,365,000 for fiscal year 2011’’ and insert- 2012,’’; and (vi) in clause (v) by striking ‘‘$1,000,000’’ ing ‘‘$4,160,365,000 for fiscal year 2011, and (2) in the first sentence of subsection and inserting ‘‘$1,000,000 for each fiscal year $2,080,182,500 for the period beginning on Oc- (b)(1)(A) by striking ‘‘2011,’’ inserting ‘‘2011 and $500,000 for the period beginning on Octo- tober 1, 2011, and ending on March 31, 2012,’’; and for the period beginning on October 1, ber 1, 2011, and ending on March 31, 2012,’’; (C) in subparagraph (C) by striking ‘‘and 2011, and ending on March 31, 2012,’’. (vii) in clause (vi) by striking ‘‘$1,000,000’’ $51,500,000 for fiscal year 2011’’ and inserting Subtitle C—Public Transportation Programs and inserting ‘‘$1,000,000 for each fiscal year ‘‘$51,500,000 for fiscal year 2011, and $25,750,000 and $500,000 for the period beginning on Octo- for the period beginning on October 1, 2011, SEC. 131. ALLOCATION OF FUNDS FOR PLANNING and ending on March 31, 2012,’’; PROGRAMS. ber 1, 2011, and ending on March 31, 2012,’’; (D) in subparagraph (D) by striking ‘‘and Section 5305(g) of title 49, United States (viii) in clause (vii) by striking ‘‘$650,000’’ Code, is amended by striking ‘‘2011’’ and in- and inserting ‘‘$650,000 for each fiscal year $1,666,500,000 for fiscal year 2011’’ and insert- serting ‘‘2011 and for the period beginning on and $325,000 for the period beginning on Octo- ing ‘‘$1,666,500,000 for fiscal year 2011, and October 1, 2011, and ending on March 31, ber 1, 2011, and ending on March 31, 2012,’’; $833,250,000 for the period beginning on Octo- 2012’’. and ber 1, 2011, and ending on March 31, 2012,’’; (E) in subparagraph (E) by striking ‘‘and SEC. 132. SPECIAL RULE FOR URBANIZED AREA (ix) in clause (viii) by striking ‘‘$350,000’’ FORMULA GRANTS. and inserting ‘‘$350,000 for each fiscal year $984,000,000 for fiscal year 2011’’ and inserting Section 5307(b)(2) of title 49, United States and $175,000 for the period beginning on Octo- ‘‘$984,000,000 for fiscal year 2011, and Code, is amended— ber 1, 2011, and ending on March 31, 2012,’’; $492,000,000 for the period beginning on Octo- (1) by striking the paragraph heading and (B) in subparagraph (B) by adding at the ber 1, 2011, and ending on March 31, 2012,’’; inserting ‘‘SPECIAL RULE FOR FISCAL YEARS end the following: (F) in subparagraph (F) by striking ‘‘and 2005 THROUGH 2011 AND THE PERIOD BEGINNING ‘‘(vii) $6,750,000 for the period beginning on $133,500,000 for fiscal year 2011’’ and inserting ON OCTOBER 1, 2011, AND ENDING ON MARCH 31, October 1, 2011, and ending on March 31, ‘‘$133,500,000 for fiscal year 2011, and 2012.—’’; 2012.’’; $66,750,000 for the period beginning on Octo- (2) in subparagraph (A) by striking ‘‘2011,’’ (C) in subparagraph (C) by striking ‘‘fiscal ber 1, 2011, and ending on March 31, 2012,’’; and inserting ‘‘2011 and the period beginning year’’ and inserting ‘‘fiscal year and during (G) in subparagraph (G) by striking ‘‘and on October 1, 2011, and ending on March 31, the period beginning on October 1, 2011, and $465,000,000 for fiscal year 2011’’ and inserting 2012,’’; and ending on March 31, 2012,’’; ‘‘$465,000,000 for fiscal year 2011, and (3) in subparagraph (E)— (D) in subparagraph (D) by striking ‘‘fiscal $232,500,000 for the period beginning on Octo- (A) by striking the subparagraph heading year’’ and inserting ‘‘fiscal year and not less ber 1, 2011, and ending on March 31, 2012,’’; and inserting ‘‘MAXIMUM AMOUNTS IN FISCAL than $17,500,000 shall be available for the pe- (H) in subparagraph (H) by striking ‘‘and YEARS 2008 THROUGH 2011 AND THE PERIOD BE- riod beginning on October 1, 2011, and ending $164,500,000 for fiscal year 2011’’ and inserting GINNING ON OCTOBER 1, 2011, AND ENDING ON on March 31, 2012,’’; and ‘‘$164,500,000 for fiscal year 2011, and MARCH 31, 2012.—’’; and (E) in subparagraph (E) by striking ‘‘fiscal $82,250,000 for the period beginning on Octo- (B) in the matter preceding clause (i) by year’’ and inserting ‘‘fiscal year and ber 1, 2011, and ending on March 31, 2012,’’; striking ‘‘2011’’ and inserting ‘‘2011 and dur- $1,500,000 shall be available for the period be- (I) in subparagraph (I) by striking ‘‘and ing the period beginning on October 1, 2011, ginning on October 1, 2011, and ending on $92,500,000 for fiscal year 2011’’ and inserting and ending on March 31, 2012’’. March 31, 2012,’’. ‘‘$92,500,000 for fiscal year 2011, and $46,250,000 for the period beginning on October 1, 2011, SEC. 133. ALLOCATING AMOUNTS FOR CAPITAL SEC. 134. APPORTIONMENT OF FORMULA INVESTMENT GRANTS. GRANTS FOR OTHER THAN URBAN- and ending on March 31, 2012,’’; Section 5309(m) of title 49, United States IZED AREAS. (J) in subparagraph (J) by striking ‘‘and Code, is amended— $26,900,000 for fiscal year 2011’’ and inserting Section 5311(c)(1) of title 49, United States (1) in paragraph (2)— ‘‘$26,900,000 for fiscal year 2011, and $13,450,000 Code, is amended by adding at the end the (A) by striking the paragraph heading and for the period beginning on October 1, 2011, following: inserting ‘‘FISCAL YEARS 2006 THROUGH 2011 and ending on March 31, 2012,’’; ‘‘(G) $7,500,000 for the period beginning on AND THE PERIOD BEGINNING ON OCTOBER 1, 2011, (K) in subparagraph (K) by striking ‘‘and October 1, 2011, and ending on March 31, AND ENDING ON MARCH 31, 2012.—’’; $3,500,000 for fiscal year 2011’’ and inserting (B) in the matter preceding subparagraph 2012.’’. ‘‘$3,500,000 for fiscal year 2011, and $1,750,000 (A) by striking ‘‘2011’’ and inserting ‘‘2011 SEC. 135. APPORTIONMENT BASED ON FIXED for the period beginning on October 1, 2011, and the period beginning on October 1, 2011, GUIDEWAY FACTORS. and ending on March 31, 2012,’’; and ending on March 31, 2012,’’; and (L) in subparagraph (L) by striking ‘‘and Section 5337 of title 49, United States Code, (C) in subparagraph (A)(i) by striking $25,000,000 for fiscal year 2011’’ and inserting is amended— ‘‘2011’’ and inserting ‘‘2011 and $100,000,000 for ‘‘$25,000,000 for fiscal year 2011, and $12,500,000 (1) in subsection (a), in the matter pre- the period beginning on October 1, 2011, and for the period beginning on October 1, 2011, ceding paragraph (1), by striking ‘‘2011’’ and ending on March 31, 2012,’’; and ending on March 31, 2012,’’; inserting ‘‘2012’’; and (2) in paragraph (6)— (M) in subparagraph (M) by striking ‘‘and (2) by adding at the end the following: (A) in subparagraph (B) by striking ‘‘2011’’ $465,000,000 for fiscal year 2011’’ and inserting and inserting ‘‘2011 and $7,500,000 shall be ‘‘(g) SPECIAL RULE FOR OCTOBER 1, 2011, ‘‘$465,000,000 for fiscal year 2011, and available for the period beginning on October THROUGH MARCH 31, 2012.—The Secretary $232,500,000 for the period beginning on Octo- 1, 2011, and ending on March 31, 2012,’’; and shall apportion amounts made available for ber 1, 2011, and ending on March 31, 2012,’’; (B) in subparagraph (C) by striking ‘‘2011’’ fixed guideway modernization under section and and inserting ‘‘2011 and $2,500,000 shall be 5309 for the period beginning on October 1, (N) in subparagraph (N) by striking ‘‘and available for the period beginning on October 2011, and ending on March 31, 2012, in accord- $8,800,000 for fiscal year 2011’’ and inserting 1, 2011, and ending on March 31, 2012,’’; and ance with subsection (a), except that the ‘‘$8,800,000 for fiscal year 2011, and $4,400,000 (3) in paragraph (7)— Secretary shall apportion 50 percent of each for the period beginning on October 1, 2011, (A) in subparagraph (A)— dollar amount specified in subsection (a).’’. and ending on March 31, 2012,’’.

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(b) CAPITAL INVESTMENT GRANTS.—Section note; 119 Stat. 1593) is amended by striking ‘‘October 1, 2011’’ and inserting ‘‘April 1, 5338(c) of title 49, United States Code, is ‘‘September 30, 2011’’ and inserting ‘‘March 2012’’. amended— 31, 2012’’. (d) EFFECTIVE DATE.—The amendments (1) by striking ‘‘and’’ at the end of para- (d) OBLIGATION CEILING.—Section 3040 of made by this section shall take effect on Oc- graph (5); SAFETEA–LU (119 Stat. 1639) is amended— tober 1, 2011. (2) by striking the period at the end of (1) by striking ‘‘and’’ at the end of para- SEC. 142. EXTENSION OF HIGHWAY-RELATED paragraph (6) and inserting ‘‘; and’’; and graph (6); TAXES. (3) by adding at the end the following: (2) by striking the period at the end of (a) IN GENERAL.— ‘‘(7) $800,000,000 for the period beginning on paragraph (7) and inserting ‘‘; and’’; and (1) Each of the following provisions of the October 1, 2011, and ending on March 31, (3) by adding at the end the following: Internal Revenue Code of 1986 is amended by 2012.’’. ‘‘(8) $5,059,238,000 for the period beginning striking ‘‘September 30, 2011’’ and inserting (c) RESEARCH AND UNIVERSITY RESEARCH on October 1, 2011, and ending on March 31, ‘‘March 31, 2012’’: CENTERS.—Section 5338(d) of title 49, United 2012, of which not more than $4,180,282,500 (A) Section 4041(a)(1)(C)(iii)(I). States Code, is amended— shall be from the Mass Transit Account.’’. (B) Section 4041(m)(1)(B). (1) in paragraph (1), in the matter pre- (e) PROJECT AUTHORIZATIONS FOR NEW (C) Section 4081(d)(1). ceding subparagraph (A), by striking ‘‘and FIXED GUIDEWAY CAPITAL PROJECTS.—Sec- (2) Each of the following provisions of such $69,750,000 for fiscal year 2011’’ and inserting tion 3043 of SAFETEA–LU (119 Stat. 1640) is Code is amended by striking ‘‘October 1, ‘‘$69,750,000 for fiscal year 2011, and $29,500,000 amended— 2011’’ and inserting ‘‘April 1, 2012’’: for the period beginning on October 1, 2011, (1) in subsection (b), in the matter pre- (A) Section 4041(m)(1)(A). and ending on March 31, 2012,’’; ceding paragraph (1), by striking ‘‘2011’’ and (B) Section 4051(c). (2) in paragraph (2)(A) by striking ‘‘2011’’ inserting ‘‘2011 and the period beginning on (C) Section 4071(d). each place it appears and inserting ‘‘2012’’; October 1, 2011, and ending on March 31, (D) Section 4081(d)(3). and 2012,’’; and (b) EXTENSION OF TAX, ETC., ON USE OF CER- (3) by striking paragraph (3) and inserting (2) in subsection (c), in the matter pre- TAIN HEAVY VEHICLES.—Each of the following the following: ceding paragraph (1), by striking ‘‘2011’’ and provisions of such Code is amended by strik- ‘‘(3) ADDITIONAL AUTHORIZATIONS.— inserting ‘‘2011 and the period beginning on ing ‘‘2011’’ and inserting ‘‘2012’’: ‘‘(A) OCTOBER 1, 2011, THROUGH MARCH 31, October 1, 2011, and ending on March 31, (1) Section 4481(f). 2012.—Of amounts authorized to be appro- 2012,’’. (2) Subsections (c)(4) and (d) of section 4482. priated for the period beginning on October (f) ALLOCATIONS FOR NATIONAL RESEARCH (c) FLOOR STOCKS REFUNDS.—Section 1, 2011, and ending on March 31, 2012, under AND TECHNOLOGY PROGRAMS.—Section 3046 of 6412(a)(1) of such Code is amended— paragraph (1), the Secretary shall allocate SAFETEA–LU (49 U.S.C. 5338 note; 119 Stat. (1) by striking ‘‘October 1, 2011’’ each place for each of the activities and projects de- 1706) is amended— it appears and inserting ‘‘April 1, 2012’’, scribed in subparagraphs (A) through (F) of (1) in subsection (b) by striking ‘‘fiscal (2) by striking ‘‘March 31, 2012’’ each place paragraph (1) an amount equal to 50 percent year’’ and inserting ‘‘fiscal year or period’’; it appears and inserting ‘‘September 30, of 85 percent of the amount allocated for fis- and 2012’’, and cal year 2009 under each such subparagraph. (2) by striking subsection (c) and inserting (3) by striking ‘‘January 1, 2012’’ and in- ‘‘(B) UNIVERSITY CENTERS PROGRAM.— the following: serting ‘‘July 1, 2012’’. DDITIONAL PPROPRIATIONS ‘‘(i) OCTOBER 1, 2011, THROUGH MARCH 31, ‘‘(c) A A .—The (d) EXTENSION OF CERTAIN EXEMPTIONS.— 2012.—Of the amounts allocated under sub- Secretary shall allocate amounts appro- Sections 4221(a) and 4483(i) of such Code are paragraph (A)(i) for the university centers priated pursuant to section 5338(d) of title 49, each amended by striking ‘‘October 1, 2011’’ program under section 5506 for the period be- United States Code, for national research and inserting ‘‘April 1, 2012’’. and technology programs under sections ginning on October 1, 2011, and ending on (e) EXTENSION OF TRANSFERS OF CERTAIN 5312, 5314, and 5322 of such title— March 31, 2012, the Secretary shall allocate TAXES.— ‘‘(1) for each of fiscal years 2010 and 2011, in for each program described in clauses (i) (1) IN GENERAL.—Section 9503 of such Code through (iii) and (v) through (viii) of para- amounts equal to the amounts allocated for is amended— graph (2)(A) an amount equal to 50 percent of fiscal year 2009 under each of paragraphs (2), (A) in subsection (b)— 85 percent of the amount allocated for fiscal (3), (5), (6), and (8) through (25) of subsection (i) by striking ‘‘October 1, 2011’’ each place year 2009 under each such clause. (a); and it appears in paragraphs (1) and (2) and in- ‘‘(ii) FUNDING.—If the Secretary deter- ‘‘(2) for the period beginning on October 1, serting ‘‘April 1, 2012’’, 2011, and ending on March 31, 2012, in mines that a project or activity described in (ii) by striking ‘‘OCTOBER 1, 2011’’ in the paragraph (2) received sufficient funds in fis- amounts equal to 50 percent of 85 percent of heading of paragraph (2) and inserting the amounts allocated for fiscal year 2009 cal year 2011, or a previous fiscal year, to ‘‘APRIL 1, 2012’’, carry out the purpose for which the project under each of paragraphs (2), (3), (5), (6), and (iii) by striking ‘‘September 30, 2011’’ in or activity was authorized, the Secretary (8) through (25) of subsection (a).’’; and paragraph (2) and inserting ‘‘March 31, 2012’’, may not allocate any amounts under clause (3) in subsection (d)— and (i) for the project or activity for fiscal year (A) by striking ‘‘fiscal year 2010, or a pre- (iv) by striking ‘‘July 1, 2012’’ in paragraph 2012, or any subsequent fiscal year.’’. vious fiscal year’’ and inserting ‘‘fiscal year (2) and inserting ‘‘January 1, 2013’’, and (d) ADMINISTRATION.—Section 5338(e) of 2011, or a previous fiscal year’’; and (B) in subsection (c)(2), by striking ‘‘July 1, title 49, United States Code, is amended— (B) by striking ‘‘fiscal year 2011, or any 2012’’ and inserting ‘‘January 1, 2013’’. subsequent fiscal year’’ and inserting ‘‘fiscal (1) by striking ‘‘and’’ at the end of para- (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX year 2012, or any subsequent fiscal year’’. graph (5); TRANSFERS.— (2) by striking the period at the end of Subtitle D—Highway Trust Fund Extension (A) IN GENERAL.—Paragraphs (3)(A)(i) and paragraph (6) and inserting ‘‘; and’’; and SEC. 141. EXTENSION OF TRUST FUND EXPENDI- (4)(A) of section 9503(c) of such Code are each (3) by adding at the end the following: TURE AUTHORITY. amended by striking ‘‘October 1, 2011’’ and ‘‘(7) $49,455,500 for the period beginning on (a) HIGHWAY TRUST FUND.—Section 9503 of inserting ‘‘April 1, 2012’’. October 1, 2011, and ending on March 31, the Internal Revenue Code of 1986 is amend- (B) CONFORMING AMENDMENTS TO LAND AND 2012.’’. ed— WATER CONSERVATION FUND.— SEC. 137. AMENDMENTS TO SAFETEA–LU. (1) by striking ‘‘October 1, 2011’’ in sub- (i) IN GENERAL.—Section 201(b) of the Land (a) CONTRACTED PARATRANSIT PILOT.—Sec- sections (b)(6)(B), (c)(1), and (e)(3) and insert- and Water Conservation Fund Act of 1965 (16 tion 3009(i)(1) of SAFETEA–LU (119 Stat. ing ‘‘April 1, 2012’’, and U.S.C. 460l-11(b)) is amended— 1572) is amended by striking ‘‘2011,’’ and in- (2) by striking ‘‘Surface Transportation (I) by striking ‘‘October 1, 2012’’ each place serting ‘‘2011 and the period beginning on Oc- Extension Act of 2011’’ in subsections (c)(1) it appears and inserting ‘‘April 1, 2013’’, and tober 1, 2011, and ending on March 31, 2012,’’. and (e)(3) and inserting ‘‘Surface Transpor- (II) by striking ‘‘October 1, 2011’’ and in- (b) PUBLIC-PRIVATE PARTNERSHIP PILOT tation Extension Act of 2011, Part II’’. serting ‘‘April 1, 2012’’. PROGRAM.—Section 3011 of SAFETEA–LU (49 (b) SPORT FISH RESTORATION AND BOATING (ii) CORRECTION OF CROSS REFERENCES.— U.S.C. 5309 note; 119 Stat. 1588) is amended— TRUST FUND.—Section 9504 of such Code is Section 201 of the Land and Water Conserva- (1) in subsection (c)(5) by striking ‘‘2011’’ amended— tion Fund Act of 1965 (16 U.S.C. 460l-11) is and inserting ‘‘2011 and the period beginning (1) by striking ‘‘Surface Transportation amended— on October 1, 2011, and ending on March 31, Extension Act of 2011’’ each place it appears (I) by striking ‘‘section 9503(c)(4)(B) of the 2012’’; and in subsection (b)(2) and inserting ‘‘Surface Internal Revenue Code of 1954 (relating to (2) in the second sentence of subsection (d) Transportation Extension Act of 2011, Part special motor fuels and gasoline used in mo- by striking ‘‘2011’’ and inserting ‘‘2011 and II’’, and torboats)’’ in subsection (a) and inserting the period beginning on October 1, 2011, and (2) by striking ‘‘October 1, 2011’’ in sub- ‘‘section 9503(c)(3)(A) of the Internal Revenue ending on March 31, 2012,’’. section (d)(2) and inserting ‘‘April 1, 2012’’. Code of 1986 (relating to transfer to Land and (c) ELDERLY INDIVIDUALS AND INDIVIDUALS (c) LEAKING UNDERGROUND STORAGE TANK Water Conservation Fund)’’, and WITH DISABILITIES PILOT PROGRAM.—Section TRUST FUND.—Paragraph (2) of section (II) by striking ‘‘section 6412(a)(2)’’ in sub- 3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 9508(e) of such Code is amended by striking section (b)(2) and inserting ‘‘section 6412’’.

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(f) EFFECTIVE DATE.—The amendments (d) Section 44303(b) of such title is amended October 1, 2011, and ending on January 31, made by this section shall take effect on Oc- by striking ‘‘December 31, 2011,’’ and insert- 2012,’’. tober 1, 2011. ing ‘‘April 30, 2012,’’. The SPEAKER pro tempore. Pursu- TITLE II—EXTENSION OF AIR (e) Section 47107(s)(3) of such title is ant to the rule, the gentleman from amended by striking ‘‘September 17, 2011.’’ TRANSPORTATION PROGRAMS Florida (Mr. MICA) and the gentleman SEC. 201. SHORT TITLE. and inserting ‘‘February 1, 2012.’’. (f) Section 47115(j) of such title is amended from West Virginia (Mr. RAHALL) each This title may be cited as the ‘‘Airport and will control 20 minutes. Airway Extension Act of 2011, Part V’’. by striking ‘‘fiscal years 2004 through 2010, and for the portion of fiscal year 2011 ending The Chair recognizes the gentleman SEC. 202. EXTENSION OF TAXES FUNDING AIR- PORT AND AIRWAY TRUST FUND. before September 17, 2011,’’ and inserting from Florida. (a) FUEL TAXES.—Subparagraph (B) of sec- ‘‘fiscal years 2004 through 2011, and for the GENERAL LEAVE tion 4081(d)(2) of the Internal Revenue Code portion of fiscal year 2012 ending before Feb- Mr. MICA. Mr. Speaker, I ask unani- of 1986 is amended by striking ‘‘September ruary 1, 2012,’’. (g) Section 47141(f) of such title is amended mous consent that all Members may 16, 2011’’ and inserting ‘‘January 31, 2012’’. have 5 legislative days in which to re- (b) TICKET TAXES.— by striking ‘‘September 16, 2011.’’ and insert- vise and extend their remarks and in- (1) PERSONS.—Clause (ii) of section ing ‘‘January 31, 2012.’’. 4261(j)(1)(A) of such Code is amended by (h) Section 49108 of such title is amended clude extraneous material on H.R. 2887. striking ‘‘September 16, 2011’’ and inserting by striking ‘‘September 16, 2011,’’ and insert- The SPEAKER pro tempore. Is there ‘‘January 31, 2012’’. ing ‘‘January 31, 2012,’’. objection to the request of the gen- (2) PROPERTY.—Clause (ii) of section (i) Section 161 of the Vision 100—Century of tleman from Florida? 4271(d)(1)(A) of such Code is amended by Aviation Reauthorization Act (49 U.S.C. 47109 There was no objection. striking ‘‘September 16, 2011’’ and inserting note) is amended by striking ‘‘fiscal year Mr. MICA. I yield myself such time ‘‘January 31, 2012’’. 2009 or 2010, or in the portion of fiscal year 2011 ending before September 17, 2011,’’ and as I may consume. (c) EFFECTIVE DATE.—The amendments Mr. Speaker, we are here today to ex- made by this section shall take effect on inserting ‘‘any of fiscal years 2009 through September 17, 2011. 2011, or in the portion of fiscal year 2012 end- tend once again authorization for the SEC. 203. EXTENSION OF AIRPORT AND AIRWAY ing before February 1, 2012,’’. Federal Aviation Administration and TRUST FUND EXPENDITURE AU- (j) Section 186(d) of such Act (117 Stat. for our Nation’s transportation, high- THORITY. 2518) is amended by striking ‘‘October 1, 2010, way, and transit programs. (a) IN GENERAL.—Paragraph (1) of section and for the portion of fiscal year 2011 ending Unfortunately, these are extensions 9502(d) of the Internal Revenue Code of 1986 before September 17, 2011,’’ and inserting that have been piled upon extensions is amended— ‘‘October 1, 2011, and for the portion of fiscal for both of these programs. And while (1) by striking ‘‘September 17, 2011’’ and in- year 2012 ending before February 1, 2012,’’. serting ‘‘February 1, 2012’’; and (k) Section 409(d) of such Act (49 U.S.C. the legislation before us is important (2) by inserting ‘‘or the Airport and Airway 41731 note) is amended by striking ‘‘Sep- and it signifies a bipartisan, bicameral Extension Act of 2011, Part V’’ before the tember 30, 2011.’’ and inserting ‘‘January 31, agreement to move forward, it must semicolon at the end of subparagraph (A). 2012.’’. not be just a temporary bandaid for our (b) CONFORMING AMENDMENT.—Paragraph SEC. 206. FEDERAL AVIATION ADMINISTRATION important aviation, highway, rail, and (2) of section 9502(e) of such Code is amended OPERATIONS. safety programs, and for future job cre- by striking ‘‘September 17, 2011’’ and insert- Section 106(k)(1) of title 49, United States ation for our Nation. ing ‘‘February 1, 2012’’. Code, is amended— To build our Nation’s infrastructure (c) EFFECTIVE DATE.—The amendments (1) in subparagraph (E) by striking ‘‘and’’ made by this section shall take effect on at the end; and to really put people to work, we September 17, 2011. (2) in subparagraph (F) by striking ‘‘2010.’’ need long-term reauthorizations for SEC. 204. EXTENSION OF AIRPORT IMPROVE- and inserting ‘‘2010;’’; and these programs. Unfortunately, this MENT PROGRAM. (3) by inserting after subparagraph (F) the bill is the 22nd FAA extension and the (a) AUTHORIZATION OF APPROPRIATIONS.— following: eighth surface transportation exten- (1) IN GENERAL.—Section 48103 of title 49, ‘‘(G) $9,514,000,000 for fiscal year 2011; and sion. Congress, unfortunately, has de- United States Code, is amended— ‘‘(H) $3,197,315,080 for the period beginning (A) in paragraph (7) by striking ‘‘and’’ at layed passing a long-term FAA reau- on October 1, 2011, and ending on January 31, thorization for over 4 years, and a sur- the end; and 2012.’’. (B) by striking paragraph (8) and inserting face transportation bill has lagged for SEC. 207. AIR NAVIGATION FACILITIES AND the following: EQUIPMENT. some 2 years. This action today rep- ‘‘(8) $3,515,000,000 for fiscal year 2011; and Section 48101(a) of title 49, United States resents a last chance to roll up our ‘‘(9) $1,181,270,492 for the period beginning Code, is amended— sleeves and get transportation projects on October 1, 2011, and ending on January 31, (1) in paragraph (5) by striking ‘‘and’’ at moving forward in America again. 2012.’’. the end; A couple of comments about this leg- (2) OBLIGATION OF AMOUNTS.—Subject to (2) in paragraph (6) by striking ‘‘2010.’’ and limitations specified in advance in appro- islation. inserting ‘‘2010;’’; and H.R. 2887 is a clean 6-month exten- priation Acts, sums made available for a por- (3) by adding at the end the following: tion of fiscal year 2012 pursuant to the sion for surface transportation pro- ‘‘(7) $2,731,000,000 for fiscal year 2011; and grams, and it’s also a clean 4-month ex- amendment made by paragraph (1) may be ‘‘(8) $917,704,544 for the period beginning on obligated at any time through September 30, October 1, 2011, and ending on January 31, tension for aviation programs. The ex- 2012, and shall remain available until ex- 2012.’’. tension’s funding levels are consistent pended. SEC. 208. RESEARCH, ENGINEERING, AND DEVEL- with the Full-Year Continuing Appro- (b) PROJECT GRANT AUTHORITY.—Section OPMENT. priations Act, our CR passed by Con- 47104(c) of such title is amended by striking ‘‘September 16, 2011,’’ and inserting ‘‘Janu- Section 48102(a) of title 49, United States gress in April of this year. ary 31, 2012,’’. Code, is amended— For surface transportation, the bill (1) in paragraph (13) by striking ‘‘and’’ at SEC. 205. EXTENSION OF EXPIRING AUTHORI- authorizes $19.9 billion for highway, the end; TIES. $660 million for highway safety, and (a) Section 40117(l)(7) of title 49, United (2) in paragraph (14) by striking ‘‘2010.’’ and $5.1 billion for transit, for a total of States Code, is amended by striking ‘‘Sep- inserting ‘‘2010;’’; and (3) by adding at the end the following: $25.6 billion. That’s just for the 6- tember 17, 2011.’’ and inserting ‘‘February 1, month period. While I would like to do 2012.’’. ‘‘(15) $170,000,000 for fiscal year 2011; and (b) Section 41743(e)(2) of such title is ‘‘(16) $57,016,885 for the period beginning on a 6-year bill, our intention with this amended by striking ‘‘and $35,000,000 for each October 1, 2011, and ending on January 31, action today is to remain firmly com- of fiscal years 2004 through 2011’’ and insert- 2012.’’. mitted to the commitment to do a 6- ing ‘‘$35,000,000 for each of fiscal years 2004 SEC. 209. ESSENTIAL AIR SERVICE. year transportation bill. through 2011, and $2,016,393 for the portion of Section 41742(a)(2) of title 49, United States This is a 6-month extension. Why 6 fiscal year 2012 ending before February 1, Code, is amended by striking ‘‘there is au- months? Because our States and our 2012,’’. thorized to be appropriated $77,000,000 for other entities that depend on a reliable (c) Section 44302(f)(1) of such title is each fiscal year’’ and inserting ‘‘there is au- funding partner must have some cer- amended— thorized to be appropriated out of the Air- (1) by striking ‘‘September 16, 2011,’’ and port and Airway Trust Fund (established tainty. When we did the CR—which ex- inserting ‘‘January 31, 2012,’’; and under section 9502 of the Internal Revenue pires in just a few weeks here—we were (2) by striking ‘‘December 31, 2011,’’ and in- Code of 1986) $150,000,000 for fiscal year 2011 able to extend, on the seventh exten- serting ‘‘April 30, 2012,’’. and $50,309,016 for the period beginning on sion, our transportation programs

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A13SE7.013 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6112 CONGRESSIONAL RECORD — HOUSE September 13, 2011 until the end of this month. So we HOUSE OF REPRESENTATIVES, leadership for arriving at an agreement think this is being good stewards and COMMITTEE ON WAYS AND MEANS, late Friday afternoon on an extension responsible, again, in extending for 6 Washington, DC, September 13, 2011. of our Nation’s surface transportation Hon. JOHN MICA, programs through March 31, 2012, and months a period in which there can be Chairman, Committee on Transportation and some stability in these important Infrastructure, Rayburn House Office the programs under the FAA through transportation projects, and also to Building, Washington, DC. January 31, 2012, at the current funding make certain that jobs and employ- DEAR CHAIRMAN MICA: I am writing con- levels and without any adverse policy ment in this area move forward. cerning H.R. 2887, the ‘‘Surface and Air riders. Transportation Programs Extension Act of I commend our chairman, Mr. MICA; In July, I released a transportation 2011,’’ which is scheduled for floor consider- the subcommittee chair, Mr. DUNCAN, reauthorization proposal. This was an ation today. on Surface; the Air Subcommittee As you know, the Committee on Ways and outline. We’ve been working with our chair, Mr. PETRI; and our ranking sub- Democrat colleagues in a bipartisan Means has jurisdiction over the Internal Revenue Code of 1986, as amended (IRC). Sec- committee members, Mr. COSTELLO on fashion since that time to actually tions 141 and 142 of this bill amend the IRC Aviation and Mr. DEFAZIO on Surface. craft language which is acceptable to by extending the current Highway Trust Extending these programs is critical set forth the policy and the funding Fund expenditure authority and the associ- to our economic recovery. And the schedule, all of the authorization ated Federal excise taxes to March 31, 2012. pending measure does so without any that’s so important to keep our Na- Section 141 also amends the IRC by extend- of the poison pills of the past or draco- tion’s infrastructure projects moving ing the Leaking Underground Storage Tank nian cuts to investment in our surface Trust Fund excise tax to March 31, 2012. forward. So this should give us enough Similarly, Sections 202 and 203 of this bill transportation programs. Failure to time to complete that process and get amend the IRC by extending the current Air- extend the surface transportation pro- that legislation before us. With unem- port and Airway Trust Fund expenditure au- grams could shut down more than ployment in the construction industry thority and the associated Federal excise 134,000 active highway and bridge at record-high levels, it’s imperative taxes to January 31, 2012. In order to expe- projects and over 5,000 active transit that we also provide this time. dite H.R. 2887 for Floor consideration, the projects, jeopardizing the jobs of more Committee will forgo action on the bill. This than 1 million private-sector American Let me talk about FAA for a minute. is being done with the understanding that it jobs over the next year. This bill does authorize funds through does not in any way prejudice the Committee with respect to the appointment of conferees The funding levels in the pending the end of January for FAA. This is a measure are far more preferable than list of extensions of FAA. I had the op- or its jurisdictional prerogatives on this or similar legislation. what we are seeing proposed by Repub- portunity, as the chairman of the Avia- I would appreciate your response to this licans on the Appropriations Com- tion Subcommittee, in 2003 to craft a 4- letter, confirming this understanding with mittee. Just last week, they rolled out year FAA bill, which expired in 2007. So respect to H.R. 2887, and would ask that a a fiscal year 2012 Transportation appro- I helped write the last FAA 4-year au- copy of our exchange of letters on this mat- priations bill which proposes to slash ter be included in the Congressional Record thorization that expired in 2007. Here highway and transit investment, de- are the extensions. during Floor consideration. Sincerely, stroying more than 600,000 good paying, The Democrats controlled the House DAVE CAMP, private-sector American jobs, jobs that of Representatives and the Senate. Chairman. would be lost in every State of the Here, if you start in when you had the Union. Obama administration take over, they HOUSE OF REPRESENTATIVES, COM- I cannot support these dangerous and MITTEE ON TRANSPORTATION AND also controlled the White House, the draconian cuts to investments in INFRASTRUCTURE, America’s future. To keep pace with House, and the Senate. And we get Washington, DC, September 13, 2011. India, China, and our other inter- down to the 17th extension under Dem- Hon. DAVE CAMP, ocrat control, and I have agreed to Chairman, Committee on Ways and Means, national competitors, we need to invest three of them. I said enough is enough, Longworth House Office Building, Wash- more, not less in America’s future. If and we must move forward with a long- ington, DC. we stop investing in the future, there is DEAR MR. CHAIRMAN: Thank you for your term authorization. I stand before you simply no way we can retire the debt of letter regarding H.R. 2887, the ‘‘Surface and the past. today and say that, while the measures Air Transportation Programs Extension Act that we took in the last extension for It is my hope that with this 6-month of 2011.’’ The Committee on Transportation extension of highway, highway safety, FAA were somewhat extraordinary, and Infrastructure recognizes the Committee and transit programs, we can come to- this situation demands attention and on Ways and Means has a jurisdictional in- gether and work to develop a long- action for long-term legislation by the terest in H.R. 2887, and I appreciate your ef- term, robust Surface Transportation , and I’m going fort to facilitate consideration of this bill. I concur with you that forgoing action on authorization bill that keeps the Na- to make certain that we do everything H.R. 2887 does not in any way prejudice the tion economically competitive, meets to see that people are working in this Committee on Ways and Means with respect the demands of the 21st century, and industry and that we meet our respon- to its jurisdictional prerogatives on this bill creates millions of family-wage Amer- or similar legislation in the future, and I sibility for setting the policy for one of ican jobs. the most important industries in the would support your effort to seek appoint- United States, our aviation industry. ment of an appropriate number of conferees b 1240 to any House-Senate conference involving So this is the history of what has this legislation. The pending measure also provides taken place. This is the 22nd extension, I, or my designee, will include our letters for a clear extension in the Nation’s and I can guarantee it will be the last on H.R. 2887 in the CONGRESSIONAL RECORD aviation programs under the FAA. Our extension because we must and we will during House Floor consideration of the bill. aviation system is slightly more than a Again, I appreciate your cooperation regard- month into its recovery from the pass a 4-year authorization. While ing this legislation, and I look forward to there are some issues that remain to be shock, the shock of a Republican-led working with the Committee on Ways and FAA shutdown for 2 weeks in July and resolved, we will continue working in a Means as the bill moves through the legisla- August; and I’m pleased that my Re- bipartisan manner. We passed legisla- tive process. publican friends have chosen not to tion from the House. I look forward to Sincerely, JOHN L. MICA, force another shutdown. I trust they working with Senator ROCKEFELLER Chairman. recognize the damage that was caused and others, KAY BAILEY HUTCHISON, the to our Nation’s aviation system and ranking Republican in the Senate, Mr. I reserve the balance of my time. Mr. RAHALL. Mr. Speaker, I yield the financial hardship placed on work- COSTELLO and Mr. RAHALL, to get this myself such time as I may consume. ing-class families across the country legislation done. I rise in support of H.R. 2887, the Sur- when they chose to force a policy rider I urge my colleagues to support these face and Air Transportation Programs into an otherwise clean extension in two extensions rolled into one, H.R. Extension Act of 2011. In this regard, I July and caused a senseless 2-week 2887. do commend the Senate and House shutdown of major parts of the FAA.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.016 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6113 Pending the enactment of a long- The bill before us, H.R. 2887, is a The American people are tired of all term bill, and I join our chairman in clean 4-month extension of the Federal the games. They’re tired of all the one our desire to see such passed, this Aviation Administration’s taxes and side blaming the other side. They want short-term extension is the responsible programmatic authorities. The exten- reasonable people to come together, in path forward. It will avert more dam- sion will provide resources for the safe this body and in the Senate, to act rea- age to the aviation system and the operation of the National Airspace Sys- sonably and do the right thing. economy. tem and for the continued certification The Senate has appointed their con- With that said, what we should be services of the Federal Aviation Ad- ferees. We should appoint—the Repub- doing is completing the conference ministration. lican leadership in the House should committee on the long-term FAA reau- The bill also authorizes funding for appoint conferees in this body imme- thorization bill. Three months ago, the Airport Improvement Program diately so that we, in fact, can get a House and Senate negotiators infor- which, together with the surface trans- long-term authorization bill. Let’s stop mally narrowed down the list of dif- portation programs extended in the the games. Let’s appoint conferees so ferences between the two Chambers to bill, authorizes critical funding for im- that we can pass a comprehensive reau- just a few. The Senate appointed con- portant infrastructure construction thorization bill now. ferees over 5 months ago, yet the House projects that will help preserve and Mr. Speaker, I rise in support of H.R. 2887, has not followed suit. So let us finish a create much-needed jobs. the ‘‘Surface and Air Transportation Programs long-term reauthorization and show I also want to express my support for Extension Act of 2011.’’ This bill contains a the American people that Congress the extension of our surface transpor- ‘‘clean’’ extension of the Federal Aviation Ad- puts planes and passengers before poli- tation programs. We must continue to ministration’s (FAA’s) authority to spend from tics. fund critical highway, bridge and other the Airport and Airway Trust Fund and to carry I urge support of the pending meas- projects across our country in order to out airport improvement projects at current ure, and I reserve the balance of my have the transportation network nec- funding levels through January 31, 2012. time. essary for economic growth and our In February, the Senate approved a bipar- Mr. MICA. I yield myself 1 minute. global competitiveness. The extension tisan comprehensive FAA reauthorization bill Again, I enjoy working with the we have proposed is a sensible way for- by a wide 87-to-8-vote margin. By contrast, in ranking member, Mr. RAHALL, and just ward, and I join Chairman MICA in urg- April the House approved an extremely con- wanted to comment on his discussion ing my colleagues to support this legis- troversial FAA reauthorization bill by a party- of the FAA shutdown. lation. line vote. The House bill, in fact, garnered the Just for the record, the facts are that Mr. RAHALL. Mr. Speaker, I yield 2 narrowest vote margin for a House FAA reau- minutes to our distinguished sub- the House of Representatives, in a bi- thorization bill in almost 30 years, and the committee ranking member, the gen- partisan vote, passed an FAA extension White House has threatened to veto it. on July 20, 3 days prior to the deadline, tleman from Illinois (Mr. COSTELLO). Since the House FAA reauthorization bill Mr. COSTELLO. I thank the ranking July 22, 2011. was introduced, I, and several House Repub- member for yielding to me. Fact: the FAA extension contained Mr. Speaker, I rise in support of this licans, have warned that it contains a number reductions in thousand-dollar-plus air- legislation before us today. The legisla- of controversial ‘‘poison pill’’ provisions that line pork subsidies affecting only three tion is a clean extension of the FAA seriously jeopardize the enactment of a long- airports. The language that we adopted bill and also takes the authorization term bill this year. It is now clear that we were from the Senate affected 10 airports through the extension through January absolutely right. within 90 miles. 31 of 2012. It has been five months since the Senate in- The Senate Democrats, after 2 weeks In February of this year, the Senate vited House Republicans to join them at the of forcing a partial FAA shutdown, passed a bipartisan comprehensive bargaining table, appoint conferees, and com- meekly went to the Senate floor and, FAA reauthorization bill by a vote of plete work on a long-term FAA reauthorization. in 71 seconds, passed the House exten- 87–8. By contrast, in April the House Yet Republican gamesmanship and insistence sion that was available. approved an extension that was very on poison pill provisions have so far led to an The SPEAKER pro tempore. The controversial, and it was a bill that FAA shutdown and a complete failure to enact time of the gentleman has expired. was passed on a party-line vote. In long-term, job-creating legislation. Mr. MICA. I yield myself 15 addi- fact, the House-passed bill passed by In July, the House Republicans attached an tional seconds. the narrowest vote margin for a House objectionable policy rider on rural air service The fact is that only pork ticket sub- FAA authorization bill in almost 30 cuts to the short-term FAA extension. The pol- sidies were excluded. years. icy rider was included as a ‘‘tool’’ to pressure The fact is that the Democrats con- I said at the time that the poison pill Senate Democrats into giving into Repub- trolled the United States House and provision that was put in the bill by licans’’ assault on collective-bargaining rights Senate for 4 years, letting FAA author- the majority would prevent the bill in a long-term reauthorization bill. ization expire in 2007, forcing 17 exten- from passing both the House and the My Republican colleagues’ strategy back- sions, and even with the Presidency Senate and being signed into law by fired, however, and resulted in a shutdown of from 2009 until the beginning of this the President. And, in fact, the White the FAA for two weeks. In those two weeks, year were unable to pass FAA legisla- House said that they would veto the the shutdown cost the Nation almost $400 mil- tion. legislation with the poison pill provi- lion in lost revenue—more than 20 times the I yield 3 minutes to the chair of the sion. So we knew at that point that the amount of money that, according to House Aviation Subcommittee, the gen- reauthorization bill was not going any- Republicans, their policy rider would have tleman from Wisconsin (Mr. PETRI). where with that provision in the bill. saved over the course of an entire year. Tens Mr. PETRI. I thank my chairman. It’s been 5 months since the other of thousands of American jobs were jeopard- I rise in support of the bill before us, body invited the House leadership to ized. The Nation cannot afford the cost and H.R. 2887, the Surface and Air Trans- appoint conferees and sit down at the burden of a repeat performance, so I will sup- portation Programs Extension Act of table with Senate conferees to, in fact, port this clean four-month FAA extension. 2011. try and work out an agreement be- However, I am very concerned about the House and Senate negotiators have tween the House and the Senate. In events leading up to the introduction of this worked for the last 5 months to resolve July of this year, instead of passing a extension. Immediately following last month’s the issues between the House and the clean FAA extension, the Republican disastrous FAA shutdown, House Republicans Senate on the long-term FAA reau- leadership put a poison pill provision in issued a defiant press release threatening to thorization bills. We’re seeking this ex- that extension that led to a shutdown use new ‘‘tools’’ to coerce Senate Democrats. tension to allow time for us to com- of the FAA for almost 2 weeks, costing Yet, there have been no discussions or nego- plete negotiations on the final multi- the FAA more than $400 million in lost tiations with the Senate since the shutdown, year bill. We need to get a long-term revenue in that 2-week period. I’m and House Republicans still refuse to appoint FAA bill done so that the agency and pleased that the House leadership conferees to complete a long- term bill. airports can more efficiently plan and stepped in, brought a clean extension Late last week, Chairman MICA was quoted carry out programs and projects. to the floor today. by reporters stating there would be a ‘‘new

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K13SE7.018 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6114 CONGRESSIONAL RECORD — HOUSE September 13, 2011 twist’’ in the FAA extension. Then on Friday, long-term one year extension of FAA pro- and FAA extensions if we hadn’t taken the press reported that House Republicans grams. I have said before, and I will say action that was extraordinary. There would introduce another ‘‘go it alone’’ FAA ex- again, that serial extensions are creating un- was more than sufficient time for the tension bill with across-the-board-cuts to FAA certainty in the construction industry and cost- Senate to act. programs. But on Friday night, House Repub- ing us jobs. And now Republican political Again, and I will submit this as part licans backed off their plan and made public a gamesmanship is creating new instability that of the RECORD, the Democrats had com- new clean highway and FAA extension. is hurting the economy. plete control of the House and Senate Mr. Speaker, House Republicans just don’t For the meantime, with these reservations, I in extraordinary majorities and never get it. The American public is sick and tired of support this extension in the interest of keep- passed a bill, never appointed con- grandstanding and games. Nobody wants to ing hard-working Americans at work and pre- ferees. We have only had this responsi- see any more new twists in reauthorizing the venting another shutdown. bility since the beginning of this year, FAA. The House Republicans have failed to I urge my colleagues to support H.R. 2887, and we will pass a long-term bill and enact a long-term FAA reauthorization bill this the ‘‘Surface and Air Transportation Programs take whatever action is necessary to do year, they have refused to appoint conferees Extension Act of 2011.’’ that. and move the process forward, and they have Mr. MICA. I yield myself 1 minute. nobody to blame but themselves for their fail- Again, I think it’s important that we Today we are moving the process for- ure. pass this bipartisan extension. We ward, and I applaud leadership on both While I support this four-month extension, I wouldn’t be here passing a combination sides of the aisle, bipartisan, bi- now believe that Congress should consider a of the transportation, highway, transit cameral. FAA EXTENSIONS

Signed into No. Democrat or Republican House Congress Time period Duration Passed House Passed Senate law

1 Democrat ...... 110th (PL 110–92) ...... 10/1/2007–11/16/2007 ...... 2.5 months...... 9/26/2007 9/27/2007 9/29/2007 2 Democrat ...... 110th (PL 110–116) ...... 11/17/2007–12/14/2007 ...... 1 month ...... 11/8/2007 11/8/2007 11/13/2007 3 Democrat ...... 110th (PL 110–137) ...... 12/15/2007–12/21/2007 ...... 1 week ...... 12/13/2007 12/13/2007 12/14/2007 4 Democrat ...... 110th (PL 110–149) ...... 12/22/2007–12/26/2007 ...... 1 week ...... 12/19/2007 12/19/2007 12/21/2007 5 Democrat ...... 110th (PL 110–161) ...... 12/26/2007–2/29/2008 ...... 2 months ...... 6/22/2007 9/6/2007 12/26/2007 6 Democrat ...... 110th (PL 110–190) ...... 3/1/2008–6/30/2008 ...... 4 months...... 2/12/2008 2/13/2008 2/28/2008 7 Democrat ...... 110th (PL 110–253) ...... 7/1/2008–9/30/2008 ...... 3 months...... 6/24/2008 6/26/2008 6/30/2008 8 Democrat ...... 110th (PL 110–330) ...... 10/1/2008–3/31/2009 ...... 6 months...... 9/22/2008 9/23/2008 9/30/2008 9 Democrat ...... 111th (PL 111–12) ...... 4/1/2009–9/30/2009 ...... 6 months ...... 3/18/2009 3/18/2009 3/30/2009 10 Democrat ...... 111th (PL 111–69) ...... 10/1/2009–12/31/2009 ...... 3 months ...... 9/23/2009 9/24/2009 10/1/2009 11 Democrat ...... 111th (PL 111–116) ...... 1/1/2010–3/31/2010 ...... 3 months ...... 12/8/2009 12/10/2009 12/16/2009 12 Democrat ...... 111th (PL 111–153) ...... 4/1/2010–4/30/2010 ...... 1 month ...... 3/25/2010 3/26/2010 3/31/2010 13 Democrat ...... 111th (PL 111–161) ...... 5/1/2010–7/3/2010 ...... 2 months...... 4/28/2010 4/28/2010 4/30/2010 14 Democrat ...... 111th (PL 111–197) ...... 7/4/2010–8/1/2010 ...... 1 month ...... 6/29/2010 6/30/2010 7/2/2010 15 Democrat ...... 111th (PL 111–216) ...... 8/2/2010–9/30/2010 ...... 2 months ...... 7/29/2010 7/30/2010 8/1/2010 16 Democrat ...... 111th (PL 111–249) ...... 10/1/2010–12/31/2010 ...... 3 months ...... 9/23/2010 9/24/2010 9/30/2010 17 Democrat ...... 111th (PL 111–329) ...... 1/1/2011–3/31/2011 ...... 3 months ...... 12/2/2010 12/18/2010 12/22/2010 18 Republican ...... 112th (PL 112–7) ...... 4/1/2011–5/31/2011 ...... 2 months...... 3/29/2011 3/29/2011 3/31/2011 19 Republican ...... 112th (PL 112–16) ...... 6/1/2011–6/30/2011 ...... 1 month ...... 5/23/2011 5/24/2011 5/31/2011 20 Republican ...... 112th (PL 112–21) ...... 7/1/2011–7/22/2011 ...... 3 weeks ...... 6/24/2011 6/27/2011 6/29/2011 21 Republican ...... 112th (PL 112–27) ...... 7/23/2011–9/16/2011 ...... 2 months ...... 7/20/2011 8/5/2011 8/5/2011

I would like to now yield 4 minutes 15 years from planning through con- Nation’s highways, bridges, and transit to the ranking member of our Surface struction. This is government at its systems. Transportation Subcommittee, the worst. Mr. Speaker, I also had the privilege gentleman from Tennessee (Mr. DUN- Limited financial resources for trans- to chair the Aviation Subcommittee portation and infrastructure can be CAN). for 6 years. A strong and efficient avia- more effectively utilized by accel- Mr. DUNCAN of Tennessee. I thank tion system is vital to our economy, erating the process for project ap- Chairman MICA for yielding me this and I am pleased that we are also ex- proval. While project reviews are nec- time and for his and Ranking Member tending our air transportation pro- essary to help protect the environ- RAHALL’s outstanding work on this leg- grams in this bill. I hope we will soon ment, a more reasonable process is es- islation. pass our traditional multiyear FAA sential to maximizing our taxpayer Mr. Speaker, H.R. 2887 extends the bill, too. surface transportation programs for dollars. another 6 months, from October 1 Additionally, the bill consolidates I urge my colleagues to pass this through March 31 of 2012, and the avia- existing programs that are duplicative piece of legislation and work towards tion programs for another 4 months, and do not serve a Federal interest. passing a long-term reauthorization from October 1 through January 31 of Consolidation in our 6-year bill will bill for both our surface transportation 2012, at funding levels consistent with help States allocate their Federal re- programs and our air transportation the full-year continuing resolution sources to projects and activities that programs. passed last April. are the most needed. These Mr. RAHALL. Mr. Speaker, I yield 3 programatic reforms will devolve the b 1250 minutes to the distinguished ranking decisionmaking authority to State and member of the Surface Transportation This extension is considered clean local authorities, giving the State and Subcommittee, the gentleman from Or- and no policy provisions were added. local people more control over these egon (Mr. DEFAZIO). During this 6-month Surface Transpor- important projects. tation extension, Congress will work If Congress moves this landmark Mr. DEFAZIO. The best way to put hard to pass the committee’s 6-year piece of legislation before the spring, America back to work is to invest in Surface Transportation reauthoriza- as we all hope, it will be considered the the underpinnings of our economy: tion bill. The outline of the commit- signature jobs bill that Americans have roads, bridges, highways, transit, rail, tee’s proposal was unveiled in June and been waiting for this Congress to pass. our ports, our airports. These things makes much-needed reforms to our It will create millions of jobs for hard- serve the private sector and make us highway transit and highway safety working Americans right here in the more productive and more competitive programs. United States—not in China or India or in the world economy. The committee’s proposal will other countries—and will leave a last- Unfortunately, at the current levels streamline the project delivery proc- ing legacy of tangible improvements to of investment, we’re not even keeping ess, consolidate existing programs, and our transportation infrastructure in up with our mid-20th century surface better leverage existing revenues in the this country. By passing a long-term transportation system. Just think be- highway trust fund. According to the reauthorization bill, Americans will be fore the interstate highways what a Federal Highway Administration, the able to see their tax dollars going to- disconnected country this was. And project delivery process can take up to wards rebuilding and strengthening our guess what? We’re headed back there.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A13SE7.016 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6115 We are not investing enough to main- structure. Now, the proposal this week course, the safety programs and com- tain the Eisenhower legacy of the Na- is up to 12 percent of $450 billion. merce that moves safely through the tional Highway System. We have Eighty-one percent of the stimulus air. I think that’s extremely impor- 150,000 bridges that need replacement transportation projects were tem- tant. or repair; 40 percent of the pavement porary, created temporary jobs for re- So again, I intended to stand up and needs not just resurfacing but paving sidewalks and short-term speak more about these two bills, but underlayment, a $70 billion backlog on projects, and less than one-half of 1 again, when I hear this outrage, I want our aged transit systems. And that’s percent of the stimulus money went for to make sure that there is outrage on just to give us an updated and state of new construction. our side about what’s happened in this good repair, 20th century transpor- I am pleased to yield at this time, if Congress over the last 4 years. tation infrastructure. We need a 21st I may, 2 minutes to the chair of the b 1300 century transportation infrastructure, Rail Subcommittee, the gentleman which is going to require more invest- from Pennsylvania (Mr. SHUSTER). Mr. RAHALL. Mr. Speaker, I yield 2 ment. Mr. SHUSTER. Where was the out- minutes to the distinguished ranking And for the life of me, I don’t get it rage when they passed the stimulus member on our Economic Development on that side of the aisle. You’ve got bill, as the chairman pointed out, that Subcommittee, the gentlelady from the this guy over there, the Republican only 60-some billion dollars went to the District of Columbia, ELEANOR HOLMES Leader CANTOR. He says, well, we highways and infrastructure of this NORTON. might take the tax cuts with Obama. country? That’s when the outrage Ms. NORTON. I thank the ranking Those return almost 80 cents on every should have been put forth. member for yielding. I thank the chair- dollar borrowed. But, oh, that other Where was the outrage on that side? man for coming forward with this bill. stuff, spending money, that’s like stim- There were more than just one of you Enough of the outrage on both ulus. Building bridges, repairing high- over there. You should have stood up sides—if I may remind us all that ways, repairing and building transit and you should have said right then that’s precisely what the American systems, having a new 21st century sys- and right there, as I did to the former people told us during recess they didn’t tem for our planes to navigate more ef- chairman, I said, This is going to mess want to hear. ficiently in the sky with fewer delays up a long-range highway bill. They’re I do want to correct one error that and less fuel consumed, that is bad ac- going to take that money and they’re the prior gentleman just made: That cording to . But no, the going to squander it. there were no jobs in the American Re- tax cuts, oh, yeah, we’re for tax cuts. We could have done half of a stimulus covery Act. There were 3 million jobs We’ll give the people their money back bill, put most of the money into the in- created or saved by the American Re- and then they’ll take care of those frastructure of this country, and we covery Act; and if there had been more problems. We’ll pass the hat to rebuild wouldn’t be sitting here today hearing funds in that Act, we wouldn’t be here the bridges and the transit systems. this outrage on the House floor. today with the American Jobs Act try- We’ll pass the hat to have a new avia- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ing to get more money to avoid a dou- tion system for navigation. The SPEAKER pro tempore. The ble-dip recession. This bill is not what Come on. Are we a great Nation or Chair will remind the Members that re- the American people deserve, and I not? Are we going to give up? Are we marks in debate must be addressed to apologize to them that we have had to just going to keep pretending, give the the Chair and not to other Members in lower our standards, but it does save us money back to the job creators. I the second person. from another jobs catastrophe like the haven’t seen the job creators build a Mr. SHUSTER. Let’s move forward one we experienced in July. national highway system lately. with a bill that’s within our means. It saves a million transportation Now, the private sector does all of Once again, I want to remind my jobs. Imagine furloughing that many these projects. You’ll say, well, the friends on the other side, you had both people if this bill, the Surface Trans- government can’t make jobs. You’re bodies and the White House for 2 years. portation bill, were to run out on the right. This is taxpayer-invested money Where was the bill? There was no bill. 31st of this month. Both FAA and designated by the government to need- Where were the jobs? There are no jobs. transportation authorizations are very ed investment done by lowest competi- I just would remind my colleagues we short term, but both are clean. Both tive bid by competent private contrac- are borrowing 40 cents on every dollar are about yesterday’s business—about tors. this government spends. We’ve got to yesterday’s airports because there is Millions of jobs are on the table, and live within our means. And I’m willing not enough money to bring us into the not just in construction. You’re talk- to suggest that the bill that the chair- 21st century, and they’re about yester- ing about construction equipment. man and our side is crafting is going to day’s surface transportation infra- You’re talking about sophisticated avi- streamline this. We do have less structure. onics. You’re talking about transit ve- money. There’s no doubt about it. I’d Yet it’s hard to think of bills that hicles that have electronics and motor like to see more money. We’ve got to would be on this floor during this time drives and everything that all come find different revenue sources. But tax- that would be carrying such a burden from manufacturing. And we have the ing the American people in economic to get so much done at one time. At strongest buy America provisions of downtime is not the right time to do it. this moment, this bill is carrying the any part of the Federal Government for We can take that $230 billion or $240 jobs burden all by itself—a million jobs transportation investment. billion going into the trust fund and by in surface transportation with at least So we’re not going to hemorrhage streamlining and by taking all of these 100,000 jobs at the airports. It’s allow- this money to China like the tax cuts other programs that don’t do anything ing the modernization of air transpor- will for cheap junk bought from China. to rebuild our roads and increase our tation infrastructure to continue, No. This will create jobs here at home. capacity, take them off the table and which is what we lost when there was a The American people get it. We get it let’s focus on what we need to do, and 2-week furlough, and it’s keeping our on our side of the aisle. It’s time for that’s build roads and bridges in this infrastructure from further deterio- the leadership on the Republican side country. rating. of the aisle to get it, too. So, again, I remind my colleagues, It’s not what we deserve. You don’t Mr. MICA. I yield myself 30 seconds. let’s direct the outrage where it’s due, always get what you deserve, and we’ve Again, just to deal with facts and re- and that’s in a failed stimulus bill. got to fight to make sure the American ality, I think Mr. CANTOR, myself, and Again, I do rise today to support H.R. people get just that. others on the Republican side support 2887, the surface and air transportation Mr. MICA. I would like to yield 13⁄4 transportation, building the country’s program. It’s a clean extension for 3 minutes to one of our vice chairs, the infrastructure and jobs. But we have to months and 6 months. I think it’s ex- gentleman from New York (Mr. look at what took place. tremely important that this moves for- HANNA). Of a $787 billion stimulus bill, only ward so that we don’t stop the impor- Mr. HANNA. I thank the chairman $63 billion, 7 percent, went for infra- tant bridge and road jobs and, of for yielding.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.022 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6116 CONGRESSIONAL RECORD — HOUSE September 13, 2011 I am pleased to speak in favor of this put more Americans to work. You seem Mrs. MALONEY. I thank the gen- bipartisan, bicameral deal to extend to acknowledge it, but you’re not tleman for yielding, and I thank the the two important transportation pro- working with us in the spirit of Chair- ranking member and chairman for grams at current funding levels. man BUD SHUSTER and Chairman DON their leadership on this important bill, The 4-month extension of FAA pro- YOUNG, who were willing to stand up the Surface and Air Transportation grams will allow us enough time to and be counted in the need for more re- Programs Extension Act. iron out the final details of a long-term sources. We are facing a 34 percent re- This act includes a clean 6-month ex- reauthorization. As a pilot myself, I duction with the bill that the Repub- tension of our Nation’s critical high- know firsthand the benefits and effi- licans are dealing with now in the ap- way and transit programs. The funding ciencies this will bring to our airports propriations process, and you’re not provided in this extension to State De- and airways as well as to our out-of- going to be able to get a decent 6-year partments of Transportation and local date air traffic control system. I am authorization when you’re slashing in- transit agencies will keep Americans particularly pleased to be extending vestments where America is falling be- working and our economy moving the highway and transit program for 6 hind. while Congress acts to reauthorize months in order to ensure we have ade- The SPEAKER pro tempore. The these critically important programs. quate time to pass the chairman and time of the gentleman has expired. This extension is necessary to our Na- the committee’s long-term plan. Mr. RAHALL. I yield the gentleman tion’s economic health and to getting New York and the country need long- an additional 30 seconds. Americans back to work. term certainty and a steady stream of Mr. BLUMENAUER. I think we ought I applaud the bipartisan work of our funding. We have spent too much time to take this very good, clean extension, Chamber’s leadership in bringing this focusing on so-called ‘‘shovel ready’’ use the 6 months to be able to build on to the floor. However, I believe that, projects with little or no lasting eco- a foundation of the original ISTEA, once the extension is passed, we should nomic or employment benefits. right-size it, accept the recommenda- focus on bringing true high-speed rail I look forward to working over the tions of broad bipartisan commissions to the Northeast Corridor. next 6 months to pass a long-term re- that we need to be spending more, deal b 1310 authorization that will empower States with the deficit reduction the way that to take on major projects, including it happened with Ronald Reagan and As a representative of the citizens of bridge replacements, highway inter- with Bill Clinton that includes more the great city of New York, I under- change improvements, and investments infrastructure investment, and agree stand the significant economic and in our Nation’s transit systems, as well with the Senate FAA approach. We’ll transportation value of having a high- as those in upstate New York. These be able to put millions of Americans to speed rail option that would serve the are the types of projects that have the work and stop the partisan bickering Northeast mega-region. Such an initia- potential to provide jobs for years to that we don’t need to do. It’s not par- tive would not only create high-paying come and to grow our economy in the tisan in the Senate. It doesn’t have to construction jobs in the near term, but long term. be partisan here. would spur economic development and Mr. RAHALL. May I have a time Mr. MICA. I yield myself 15 seconds. growth throughout the region in the check, please, Mr. Speaker. Just to set the record straight, I long term. The SPEAKER pro tempore. The gen- went to the Democrat side, the other The Northeast region contains 20 per- tleman from West Virginia has 9 min- side of the aisle, when we proposed the cent of the Nation’s population and utes remaining. The gentleman from stimulus legislation. I asked to double just 2 percent of the land area. This Florida has 11⁄4 minutes remaining. the amount for infrastructure. I think density is evidenced by the fact that 70 Mr. RAHALL. I yield 2 minutes to I got 14 or more votes from the other percent of all chronically delayed the gentleman from Oregon (Mr. BLU- side of the aisle, but I had the motion flights originate in the New York-area MENAUER). to recommit. I offered it and it was not airspace while 60 percent of the North- Mr. BLUMENAUER. I appreciate the accepted. east region’s road miles are considered gentleman’s courtesy. I reserve the balance of my time. heavily congested. I listened to my friend from Pennsyl- Mr. RAHALL. Mr. Speaker, I yield 1 At a time when highway and air vania, who is concerned about the Re- minute to the distinguished gentleman modes are nearing capacity levels and covery Act. A number of us voted from Georgia, Mr. HANK JOHNSON. jobs are at a premium, high-speed rail against it because it was too heavily Mr. JOHNSON of Georgia. I thank for the Northeast corridor must be a weighted for tax cuts in an attempt to the ranking member for yielding. serious consideration of this Congress. get Republicans to participate, but all I rise in strong support of this bill, It would help our economic develop- of them voted ‘‘no’’ anyway. If you which will keep people working in ment and move our country forward in would have worked with us, we could building our infrastructure. Failure to the 21st century, competing in the have increased the amount of money pass this bill would put politics first global markets. devoted to infrastructure, but it’s this and would mean unnecessary economic Mr. MICA. Mr. Speaker, I continue to same myopia that we see when Repub- pain for millions of Americans. We’ve reserve the balance of my time. licans refuse to accept broad bipartisan seen in the past that stop signs and Mr. RAHALL. I yield the balance of support for FAA in the Senate. What guardrails have been put out, that traf- my time to the ranking member of our was it? It passed 89–7 or something like fic jams have been started, and now we Subcommittee on Railroads, the gen- that, and yet we in the House can’t want to blame the drivers of the car for tlewoman from Florida (Ms. BROWN). work with them to increase the invest- the traffic jam that the other side com- The SPEAKER pro tempore. The gen- ment for aviation. menced. It doesn’t make any sense. tlewoman is recognized for 31⁄2 minutes. It’s sad. All you have to do is talk to Let’s go ahead and pass this bill Ms. BROWN of Florida. First of all, I the contractors in your district to find today. I commend my brother on the want to thank Chairman MICA and out that the Recovery Act kept them other side of the aisle for putting it Ranking Member RAHALL for bringing afloat. Contractor after contractor forward—a clean bill. In Georgia, the this clean FAA reauthorization exten- knows that it made a difference, but highway bill provides more than $97 sion bill to the floor. it’s time for us to stop dancing around. million a month for infrastructure Our Nation needs and deserves a well- We ought to approve the approach in a jobs, employing more than 22,500 Geor- funded multimodal transportation sys- bipartisan way with the Senate, and we gians. I urge my colleagues to support tem. Business leaders, construction ought to step up and invest more in this bill so we can move past this stale- companies, labor groups, and rider ad- surface transportation, not less. mate and pass a long-term bill. vocates all agree that transportation We will find that there is broad Mr. MICA. I continue to reserve the infrastructure is critical to putting agreement with the business commu- balance of my time. people back to work and improving our nity, the U.S. Chamber, organized Mr. RAHALL. Mr. Speaker, I yield 2 crumbling transportation system. labor, environmental groups, local gov- minutes to the gentlelady from New Transportation and infrastructure ernment. This is the way that we will York (Mrs. MALONEY). funding is absolutely critical to the

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.031 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6117 Nation, and, if properly funded, serves longer run to restructure the entitlement jobs here. We need long-term commit- as a tremendous economic boost and programs and our tax system. If we choose to ment, so I am committed to do what- job creator. The fact is that the De- restrict spending significantly over next six ever it takes to pass a 6-year transpor- partment of Transportation’s statistics to 12 months, we’ll convert this slowdown tation bill and a 4-year FAA authoriza- into zero growth or a recession. We need to show that for every billion dollars in- have some stimulative spending. Cutting tion. vested in transportation, we generate now would be a dreadful error. The people of this country deserve no 44,000 jobs and $6.2 billion in economic CFB: How much of the slow growth is func- less than having responsible action by activity. tion of people’s fears and how much is a this Congress to move these important Indeed, our Nation’s long-term pros- function of lingering structural problems? There are still some substantial structural infrastructure and job-creating pro- perity requires that we invest in our grams forward, and we are going to do infrastructure. For example, China is imbalances that hold back growth. Certainly that’s true in the housing markets. In addi- it, mark my word. currently spending 9 percent of their tion, the uncertainly over the debt ceiling, I yield back the balance of my time. GDP on infrastructure, about $300 bil- the debilitating debate, the downgrade of lion, while we are spending less than 2 U.S. debt, the volatility in financial markets Mr. RYAN of Wisconsin. Mr. Speaker, I percent. . . . All those things combined, legitimately have serious reservations about H.R. 2887, Clearly this lack of investment has make business and individual decision mak- the ‘‘Surface and Air Transportation Programs led to a crumbling infrastructure. The ing more conservative. Extension Act of 2011.’’ American Society of Civil Engineers in CFB: Are tax increases needed to balance H.R. 2887 extends for six months, until the budget? the 2009 Report Card for America’s In- There has to be tax increases as part of the March 31, 2012, the current spending levels frastructure, gave the United States a program. We can’t just simply hope and plan for the surface transportation authorization grade of D. to cut costs sufficiently to make that hap- SAFETEA–LU. This authorization expired in It’s time for this Congress and our pen. The costs cuts would be so dramatic as September 2009 and this will be the 8th short committee to get serious about putting to compromise economic growth so much in term extension. When this original 5-year au- people back to work. There is no better the short run, that the long run might not thorization was passed, it set spending levels way to do this than funding transpor- matter. above estimated gas tax revenues with goal of tation at a level that is truly improv- CFB: How do you think Gov. Rick Scott has done from an economic policy stand- spending down the excess balances in the ing our system. We can no longer af- point? Highway Trust Fund. Unfortunately, due to a ford the status quo if we want to com- I like the vision. I think that’s important. number of factors, such as the economic pete internationally with countries I would like to see that vision built upon downturn and more fuel efficient vehicles, the who understand the importance of in- with more real action and less rhetoric. For gas tax revenue plateaued while spending re- frastructure. example, the plan to stimulate and accel- mained high. As a result, the Highway Trust Let’s pass this bill now. Let’s finish a erate a billion dollars worth of road projects: Fund is now insolvent and has required almost It’s a great idea. I think now we need to see long-term FAA and surface reauthor- $35 billion in bailouts since 2008. Without re- ization bill. As the Governor of Florida it executed. CFB: This area has talked a lot about the form, CBO estimates that the Highway ac- says, let’s get to work, let’s put people need to diversify the economy. How would count will require another bailout in the first to work. you say local leaders have done? few months of calendar year 2013 and a total In an article that was in the Orlando I think that they’ve done a great job so far. of $134 billion in General Fund transfers over Sentinel yesterday, Hank Fishkind Burnham is here. We have a major medical the next ten years. said, ‘‘This is the recovery, and it’s city at Lake Nona, in part because of public- The House FY 2012 Budget anticipates a going to take time,’’ but he points out private partnership. We have a wonderful long-term surface transportation authorization the importance of the infrastructure simulation industry on the east side, because bill that keeps the Highway Trust Fund solvent and putting people to work. of public-private partnerships that helped keep Lockheed here. So I think we’ve done without additional bailouts or gas tax in- Once again, I want to thank Mr. much better than most places. Going for- creases. Maintaining the current unsustainable MICA, Mr. RAHALL, the committee, and ward, in an environment of slow growth, level of spending, even for just another 6 the staff. Let’s get to work and let’s those places that are willing and able to con- months, worsens the financial condition of the put the American people back to work. tinue to provide some public-private partner- Trust Fund and makes the inevitable task of [From the Orlando Sentinel, Sept. 11, 2011] ships will greatly benefit. CFB: You’ve developed the reputation as balancing its spending to meet revenues even TALKING WITH ... HANK FISHKIND: THIS IS the guy developers and businesses go to when more painful. I urge the House and Senate THE RECOVERY—AND IT’S GOING TO TAKE they need an economist’s support before committees of jurisdiction to come to agree- TIME, ECONOMIST SAYS elected officials. Do you think that reputa- ment on a new surface transportation bill that (By Jim Stratton) tion is fair? streamlines the numerous programs at the De- Hank Fishkind is a prominent Central I would say I always tried to speak my partment of Transportation into a smaller num- Florida economist and former adviser to mind as I really believed things to be. I’ve Florida Gov. Jeb Bush. He talked recently promoted projects when I believed that they ber of core highway activities; eliminates diver- with Sentinel reporter Jim Stratton. add to the welfare and economy of the com- sions to non-highway projects such as bike CFB: How bad has Central Florida’s econ- munity. trails and museums; and eliminates earmarks omy been in the last two years, and what’s Mr. MICA. Mr. Speaker, in closing, such as the infamous ‘‘bridge to nowhere.’’ surprised you the most? H.R. 2887 also extends for four months, These are the worst economic conditions we do need to move forward. This isn’t since the 1974–75 oil embargo. Not only has the time to bicker. This is the time to until January 31, 2012, current spending levels tourism turned down, but we had a boom and put people to work. This is the time to for the Federal Aviation Administration (FAA). bust of unprecedented proportions in the real pass long-term reauthorization. This will be the 22nd short-term extension estate market. The thing that shocked me I said earlier this cannot be another since the last long term authorization expired the most was the panic in the financial mar- Band-Aid. We have had 21 extensions. in 2007. These programs are long past due for kets at the depths of the recession. We al- This is the eighth transportation bill updated and reformed policies. Like current most had a collapse of the banking system. extension. surface transportation spending, the FAA’s Air- CFB: Do you believe we’ve moved into a re- My dad used to say, you know, JOHN, port Improvement Program [AIP] has been covery? This is the recovery. It’s not like we’re it’s not how much you have, it’s also spending at unsustainable levels and must be going to get more recovery. This is it. From how you spend it. We have to learn les- restructured to do more with less. Between a national perspective, following the burst- sons. As of September 1, 2011, just a few 2000 and 2010, spending on the AIP program ing of asset bubbles, national economies re- days ago, 35 percent of the limited increased by 47-percent. In light of soaring cover slowly. That’s what history teaches us. amount of transportation stimulus dol- deficits, these high levels cannot be sustained. We’ve had a tremendous asset bubble burst lars for infrastructure still remained in The House FY 2012 Budget calls for reason- in the real estate market. It takes time to Washington, so it’s not just spending able spending reductions consistent with H.R. heal from that. people’s money, it’s spending it wisely. 658, the FAA Reauthorization and Reform Act CFB: What policies would you suggest? We need for the president to propose, and The other thing too is the money we of 2011, which maintains the ability for airports Congress to be accepting of, two major ini- spent; 82 percent of it went for short- to obtain additional non-Federal sources of tiatives. We need, in the short run, to pro- term employment. Those jobs have funding for important infrastructure invest- vide some stimulus, and we need in the come and gone, a little repaving, little ments.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K13SE7.027 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6118 CONGRESSIONAL RECORD — HOUSE September 13, 2011 Surface Transportation and FAA programs the hands of one individual, who may at some system. We must also make the difficult are a critical part of a 21st century infrastruc- point be incapacitated. Even pilots have co-pi- choices about how these programs get funded ture in the United States. We know these pro- lots. What if the controller fell ill? What then? and avoid having to continuously path the grams are outdated and some are on an What would you tell those passengers on the highway trust fund. unsustainable path. While letting these pro- plane? Hope for the best? We need to provide I have introduced several pieces of legisla- grams expire is not an option, Congress must the support that air traffic controllers need in tion that take a commonsense approach to act quickly to enact fiscally responsible and ef- addition to the responsibility. these reoccurring problems. It provides solu- fective reformed authorizations. This language I support creates a mandate, tions like strengthening Title VI so that Mr. CONNOLLY of Virginia. Mr. Speaker, I that at all times there must be a minimum of projects are not delayed and redesigned when want to thank the Chairman and Ranking three air traffic controllers in the tower during they over look low income and minority based Member for their efforts to pass this clean ex- hours of airfield operation. I commend Sec- communities. Establishing a Freight Corridors tension of both our surface and air transpor- retary LaHood for ordering a second air traffic of National Significance Program will improve tation programs. controller to be on duty overnight at National the efficiency, operation, and security of the Working in a bipartisan fashion, we can Airport. However, the Secretary’s action simply national transportation system to move freight avoid the previous clashes and political theat- evidences that there is no current mandate for by prioritizing, investing, and promoting part- rics that forced 4,000 FAA employees and multiple air traffic controllers. According to the nerships that advance interstate and foreign more than 70,000 construction workers off the National Air Traffic Controllers Association, commerce, promote economic competitive- job for two weeks without pay. most airports operate 24 hours a day with two ness, job creation, and improve the mobility of Our nation’s transportation infrastructure is controllers in the tower for the midnight-to-6 goods. Finally, with the growing number of the backbone of our economy, and we must a.m. shift. The operative word is ‘‘most’’; we states with strong environmental controls, we ensure our ability to move people and goods must act to create a uniform nationwide stand- should make every effort to eliminate duplica- if we are to grow the economy and create ard, verifiable and enforceable by the FAA. tive procedures that delay projects, while jobs. This legislation extends the funding for sur- maintaining environmental safeguards. I know the Chairman and Ranking Member face transportation through March, and avia- I urge my colleagues to support this clean share my disappointment that we are not yet tion through January. As we move forward extension of these two critical programs so we providing back pay for those FAA employees and prepare to consider this legislation in the can get back to work on a long term full reau- who were furloughed. As you know, I am a co- coming months, it is my hope that my col- thorization. I look forward to working with sponsor of Congressman LOBIONDO’s bipar- leagues will consider these important provi- Chairman MICA and Ranking member RAHALL tisan legislation to make those employees sions. Increasing the number of air traffic con- in the Transportation and Infrastructure Com- whole. They were innocent victims of our inac- trollers on duty is a simple way to keep the mittee to develop these common sense ideas tion, and we should restore those lost wages American people safe. that will create jobs and rebuild our infrastruc- immediately. I am pleased to pass a clean extension of ture. Ms. JACKSON LEE of Texas. Mr. Speaker, funding for our Nation’s surface transportation Ms. EDWARDS. Mr. Speaker, I rise in sup- I rise today in support of H.R. 2887, the Sur- and aviation networks. I will continue to advo- port of this bill. I am glad to see a clean bill face and Air Transportation Programs Exten- cate for an increased number of air traffic con- come to the House floor that extends the au- sion Act of 2011. I am glad to see that a clean trollers as Congress returns to this issue in the thorization of the Federal Aviation Authority to authorization could be reached, but there are next session. function through the end of January 2012. It is important issues that must be considered in Ms. RICHARDSON. Mr. Speaker, I rise critical that we keep an important government the future. today in support of H.R. 2887 Surface and Air agency like the FAA running and get 3,600 Prior to H.R. 658, the FAA Reauthorization Transportation Programs Extension Act of federal employees and some 70,000 construc- and Reform Act being sent to the Senate, I of- 2011. When I came to Congress I fought to tion workers back to work to make sure that fered an amendment to establish a mandate become a member of the Transportation and our air travel and shipment of goods are con- that at the top twenty United States airports, Infrastructure Committee because I know the ducted safely and efficiently. there shall be no fewer than three air traffic importance of these issues for the people of However, this bill has been so scrubbed controllers on duty during periods of airfield the California 37th district as well as every clean that it is missing a crucial component of operations. I firmly believe this provision will American. Transportation is an issue that af- fairness—back pay for those FAA employees ensure that air traffic control towers at high fects virtually every American every day and who were furloughed during a nearly two week volume airports in this country will be appro- should never be put on the backburner. agency shutdown. priately staffed at all times. H.R. 2887 will ensure that thousands of It should be common sense for us to come We have all heard the recent stories of air workers stay on the job and critical infrastruc- together to make sure that the aviation spe- traffic controllers falling asleep, or being ture projects do not come to a halt. Although cialists, engineers, electronics technicians, lo- locked out of the control tower, or for whatever I would much rather see a bill that reauthor- gistics experts, medical professionals, support reason, not being able to be on the job, on izes our surface transportation and FAA pro- staff, and others who were abruptly laid off, duty at critical times. grams long term, this bill will give the time we through no fault of their own, receive the com- I submit that by simply having a codified need to craft bipartisan long term bills. This bill pensation they deserve. We can’t let dedi- policy that at the busiest and most critical air- extends the FAA and Surface Transportation cated, hard-working federal employees suffer ports we mandate there be personnel redun- reauthorization at the current level which is the because my colleagues across the aisle were dancy in control towers, we can make the lowest we should go. Not extending these pro- unwilling to compromise, causing a shutdown aviation system much safer. grams would result in over 164,000 jobs lost of the FAA and costing American taxpayers Think about the people on planes flying in California infrastructure jobs alone. We $350 million in lost tax revenue. across our country. They are our grand- have to look no further than August to see I am grateful that those FAA employees mothers, husbands, wives, and babies. They what happens when this Congress fails to act whose functions were deemed ‘‘essential’’ and are American passengers and their lives have on reauthorizing these programs. Nearly, who continued to work during the shutdown— value. To ensure their safety we must insist 90,000 jobs were put in jeopardy, over 3,600 albeit without a salary and with no assurances that air traffic controllers are vigilant. To en- FAA experts furloughed, $11 billion in con- of compensation—have received full com- sure their vigilance we must set reasonable tracts in limbo, and millions of dollars were pensation and benefits for that period. But that minimum standards. lost. We have seen what shutting down can still leaves the vast majority of furloughed After 9/11, we discovered the vital impor- do—now we should see what investing can workers two-weeks short on pay, forcing many tance of protecting our domestic airspace. Air do. to draw on savings to make ends meet. traffic controllers are part of the front line of Reports from engineers to reports from truck I also understand that there is some dis- defense to protect and ensure the safety of drivers outline the unacceptable current state agreement over whether the Department of our air space. If they lose contact with a of our deteriorating transportation system and Transportation has the authority to provide plane, they can alert authorities. If an air traffic have called for an immediate investment. As a back pay to furloughed employees under the controller at a major domestic and inter- country we waste billions of dollars every year legislation we are considering since it operates national airport is asleep at the wheel who will with unnecessary delays due to a crumbling retroactively to ‘‘erase’’ the authorization gap, make that call? and over-congested surface transportation or if Congress needs to pass a law. It is unfair to put the lives of American pas- system. We must simplify our transportation This disagreement is a poor excuse for in- sengers at high volume airports at any time in programs and focus on a performance based action. We would be adding insult to injury if

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A13SE7.018 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6119 we were to deprive furloughed employees of RECORDED VOTE Fleischmann Latham Rogers (AL) Fleming LaTourette Rogers (KY) wages while we play the blame game for the The Acting CHAIR. A recorded vote Flores Latta Rogers (MI) second time—first on keeping the FAA open has been demanded. Forbes Lewis (CA) Rohrabacher for business, and now on who can award a A recorded vote was ordered. Fortenberry LoBiondo Rokita pay check. This is not new territory: we voted Foxx Long Rooney The vote was taken by electronic de- Franks (AZ) Lucas Ros-Lehtinen to compensate the 800,000 federal workers vice, and there were—ayes 195, noes 220, Frelinghuysen Luetkemeyer Roskam laid off during a 26-day budget stalemate in not voting 16, as follows: Gallegly Lummis Ross (FL) 1995–1996. We know how to do it. We just Gardner Lungren, Daniel Royce [Roll No. 702] Garrett E. Runyan have to demonstrate the political will to get it AYES—195 Gibbs Mack Ryan (WI) done. Gingrey (GA) Manzullo Scalise Ackerman Fitzpatrick Moran Gohmert Marchant Schilling I urge the House leadership to bring to the Altmire Frank (MA) Murphy (CT) Goodlatte McCarthy (CA) Schmidt floor as expeditiously as possible H.R. 2814 or Andrews Fudge Nadler Gosar McCaul Schock Baldwin Garamendi Napolitano other legislation to ensure that these fur- Gowdy McClintock Schweikert Barrow Gerlach Neal loughed employees get paid. Granger McCotter Scott (SC) Bartlett Gibson Olver The SPEAKER pro tempore (Mr. Graves (GA) McHenry Scott, Austin Bass (CA) Gonzalez Owens Graves (MO) McKeon Sensenbrenner SCHOCK). The question is on the motion Bass (NH) Green, Al Pallone Griffin (AR) McMorris Sessions Becerra Green, Gene Pascrell offered by the gentleman from Florida Griffith (VA) Rodgers Shimkus Berkley Grijalva Pastor (AZ) (Mr. MICA) that the House suspend the Grimm Mica Shuster Berman Gutierrez Payne Guinta Miller (FL) Simpson rules and pass the bill, H.R. 2887. Bilbray Hahn Pelosi Guthrie Miller (MI) Smith (NE) The question was taken; and (two- Bishop (GA) Hanabusa Perlmutter Hall Mulvaney Smith (NJ) Bishop (NY) Hastings (FL) Peters thirds being in the affirmative) the Hanna Murphy (PA) Smith (TX) Blumenauer Heinrich Pingree (ME) rules were suspended and the bill was Harper Myrick Southerland Boren Higgins Polis Harris Neugebauer Speier passed. Boswell Hinchey Price (NC) Hartzler Nugent Stearns A motion to reconsider was laid on Brady (PA) Hinojosa Quigley Hastings (WA) Nunes Stivers Braley (IA) Hirono Rahall the table. Hayworth Nunnelee Stutzman Brown (FL) Hochul Rangel Heck Olson Sullivan f Butterfield Holden Reichert Hensarling Palazzo Terry Capps Holt Richardson EMPOWERING PARENTS THROUGH Herger Paul Thompson (PA) Cardoza Honda Richmond Herrera Beutler Paulsen Thornberry QUALITY CHARTER SCHOOLS ACT Carnahan Hoyer Ross (AR) Huelskamp Pearce Tiberi Carney Inslee Rothman (NJ) The SPEAKER pro tempore. Pursu- Huizenga (MI) Pence Tipton Carson (IN) Israel Roybal-Allard Hultgren Peterson Turner ant to House Resolution 392 and rule Castor (FL) Jackson (IL) Ruppersberger Hunter Petri Walberg XVIII, the Chair declares the House in Chandler Jackson Lee Rush Hurt Pitts Walden Chu (TX) Ryan (OH) the Committee of the Whole House on Issa Platts Walsh (IL) Cicilline Johnson (GA) Sa´ nchez, Linda the for the further Jenkins Poe (TX) Webster Clarke (MI) Johnson (IL) T. Johnson (OH) Pompeo West consideration of the bill, H.R. 2218. Clarke (NY) Johnson, E. B. Sanchez, Loretta Johnson, Sam Posey Westmoreland Clay Jones Sarbanes 1316 Jordan Price (GA) Whitfield b Cleaver Kaptur Schakowsky Kelly Quayle Wilson (SC) Clyburn Keating Schiff IN THE COMMITTEE OF THE WHOLE King (IA) Reed Wittman Cohen Kildee Schrader Accordingly, the House resolved Kingston Rehberg Wolf Connolly (VA) Kind Schwartz Kinzinger (IL) Renacci Womack itself into the Committee of the Whole Conyers Kissell Scott (VA) Kline Ribble Woodall Cooper Kucinich Scott, David House on the state of the Union for the Labrador Rigell Yoder Costa Lance Serrano further consideration of the bill (H.R. Lamborn Rivera Young (AK) Costello Langevin Sewell Landry Roby Young (FL) 2218) to amend the charter school pro- Courtney Larsen (WA) Sherman Lankford Roe (TN) Young (IN) gram under the Elementary and Sec- Critz Lee (CA) Shuler ondary Education Act of 1965, with Mr. Crowley Levin Sires NOT VOTING—16 YODER (Acting Chair) in the chair. Cuellar Lipinski Slaughter Cummings Loebsack Smith (WA) Baca King (NY) Noem The Clerk read the title of the bill. Davis (CA) Lofgren, Zoe Stark Bachmann Larson (CT) Reyes The Acting CHAIR. When the Com- Davis (IL) Lowey Sutton Barletta Lewis (GA) Towns mittee of the Whole rose on Thursday, DeFazio Luja´ n Thompson (CA) Capuano Lynch Visclosky Giffords Marino September 8, 2011, a request for a re- DeGette Maloney Thompson (MS) DeLauro Markey Tierney Himes Miller, Gary corded vote on amendment No. 8 print- Dent Matheson Tonko ANNOUNCEMENT BY THE ACTING CHAIR ed in part A of House Report 112–200 by Deutch Matsui Tsongas The Acting CHAIR (during the vote). the gentleman from Iowa (Mr. KING) Dicks McCarthy (NY) Upton had been postponed. Dingell McCollum Van Hollen There are 2 minutes remaining in this Doggett McDermott Vela´ zquez vote. Pursuant to clause 6 of rule XVIII, Dold McGovern Walz (MN) proceedings will now resume on those Donnelly (IN) McIntyre Wasserman b 1344 amendments printed in part A of House Doyle McKinley Schultz Edwards McNerney Waters Messrs. ROHRABACHER, REED, Report 112–200 on which further pro- Ellison Meehan Watt ceedings were postponed, in the fol- DENHAM, DUFFY, ROSKAM, Engel Meeks Waxman GINGREY of Georgia, Mrs. SCHMIDT, lowing order: Eshoo Michaud Welch Amendment No. 7 by Mr. HOLT of Farr Miller (NC) Wilson (FL) and Mrs. BLACK changed their vote Fattah Miller, George Woolsey from ‘‘aye’’ to ‘‘no.’’ New Jersey. Filner Moore Yarmuth Amendment No. 8 by Mr. KING of Messrs. LEVIN, DAVID SCOTT of Iowa. NOES—220 Georgia, and Ms. TSONGAS changed The Chair will reduce to 2 minutes Adams Brooks Cole their vote from ‘‘no’’ to ‘‘aye.’’ the minimum time for the second elec- Aderholt Broun (GA) Conaway So the amendment was rejected. Akin Buchanan Cravaack The result of the vote was announced tronic vote in this series. Alexander Bucshon Crawford AMENDMENT NO. 7 OFFERED BY MR. HOLT Amash Buerkle Crenshaw as above recorded. The Acting CHAIR. The unfinished Austria Burgess Culberson AMENDMENT NO. 8 OFFERED BY MR. KING OF Bachus Burton (IN) Davis (KY) IOWA business is the demand for a recorded Barton (TX) Calvert Denham vote on the amendment offered by the Benishek Camp DesJarlais The Acting CHAIR. The unfinished gentleman from New Jersey (Mr. HOLT) Berg Campbell Diaz-Balart business is the demand for a recorded on which further proceedings were Biggert Canseco Dreier vote on the amendment offered by the Bilirakis Cantor Duffy postponed and on which the ayes pre- Bishop (UT) Capito Duncan (SC) gentleman from Iowa (Mr. KING) on vailed by voice vote. Black Carter Duncan (TN) which further proceedings were post- The Clerk will redesignate the Blackburn Cassidy Ellmers poned and on which the noes prevailed amendment. Bonner Chabot Emerson by voice vote. Bono Mack Chaffetz Farenthold The Clerk redesignated the amend- Boustany Coble Fincher The Clerk will redesignate the ment. Brady (TX) Coffman (CO) Flake amendment.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A13SE7.023 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6120 CONGRESSIONAL RECORD — HOUSE September 13, 2011 The Clerk redesignated the amend- Lankford Palazzo Scott (VA) The Acting CHAIR. Under the rule, ment. Larsen (WA) Pallone Scott, Austin the Committee rises. Latham Pascrell Scott, David RECORDED VOTE LaTourette Pastor (AZ) Sensenbrenner Accordingly, the Committee rose; Latta Paulsen and the Speaker pro tempore (Mr. The Acting CHAIR. A recorded vote Serrano Lee (CA) Payne Sessions YODER) having assumed the chair, Mr. has been demanded. Levin Pearce Sewell FLEISCHMANN, Acting Chair of the Com- A recorded vote was ordered. Lewis (CA) Pelosi Sherman Lipinski Perlmutter mittee of the Whole House on the state The Acting CHAIR. This will be a 2- Shimkus LoBiondo Peters Shuler of the Union, reported that that Com- Loebsack Peterson minute vote. Shuster mittee, having had under consideration Lofgren, Zoe Petri The vote was taken by electronic de- Simpson the bill (H.R. 2218) to amend the char- Long Pingree (ME) Sires vice, and there were—ayes 43, noes 374, Lowey Pitts ter school program under the Elemen- Slaughter not voting 14, as follows: Lucas Platts tary and Secondary Education Act of Luetkemeyer Polis Smith (NE) [Roll No. 703] Smith (NJ) 1965, and, pursuant to House Resolution Luja´ n Posey 392, reported the bill back to the House AYES—43 Lummis Price (NC) Smith (WA) Lungren, Daniel Quayle Speier with an amendment adopted in the Amash Franks (AZ) Miller (FL) E. Quigley Stark Committee of the Whole. Bartlett Garrett Mulvaney Lynch Rahall Stearns Bishop (UT) Gohmert The SPEAKER pro tempore. Under Paul Maloney Rangel Stivers Blackburn Graves (GA) the rule, the previous question is or- Pence Manzullo Reed Sullivan Brooks Harris Poe (TX) Marchant Rehberg Sutton dered. Broun (GA) Huelskamp Pompeo Markey Reichert Terry Is a separate vote demanded on any Burgess Huizenga (MI) Price (GA) Matheson Reyes Thompson (CA) Burton (IN) Hultgren amendment to the amendment re- Renacci Matsui Ribble Thompson (MS) Campbell Jenkins ported from the Committee of the Rigell McCarthy (CA) Richardson Chaffetz Johnson (OH) Thompson (PA) Southerland McCarthy (NY) Richmond Whole? Coffman (CO) Jordan Thornberry Stutzman McCaul Rivera If not, the question is on the com- Duncan (SC) King (IA) Tiberi McCollum Roby Duncan (TN) Lamborn Walsh (IL) Tierney mittee amendment in the nature of a McCotter Roe (TN) Flake Mack Westmoreland Tipton substitute, as amended. McDermott Rogers (AL) Fleming McClintock Tonko McGovern Rogers (KY) The amendment was agreed to. Tsongas The SPEAKER pro tempore. The NOES—374 McHenry Rogers (MI) Turner McIntyre Rohrabacher Upton question is on the engrossment and Ackerman Cole Gosar McKeon Rokita third reading of the bill. Adams Conaway Gowdy Van Hollen McKinley Rooney Vela´ zquez The bill was ordered to be engrossed Aderholt Connolly (VA) Granger McMorris Ros-Lehtinen Akin Conyers Graves (MO) Walberg and read a third time, and was read the Rodgers Roskam Walden Alexander Cooper Green, Al McNerney Ross (AR) third time. Walz (MN) Altmire Costa Green, Gene Meehan Ross (FL) Wasserman MOTION TO RECOMMIT Andrews Costello Griffin (AR) Meeks Rothman (NJ) Schultz Austria Courtney Griffith (VA) Mica Roybal-Allard Ms. HANABUSA. Mr. Speaker, I have Waters Baca Cravaack Grijalva Michaud Royce a motion to recommit at the desk. Watt Bachus Crawford Grimm Miller (MI) Runyan The SPEAKER pro tempore. Is the Waxman Baldwin Crenshaw Guinta Miller (NC) Ruppersberger gentlewoman opposed to the bill? Barrow Critz Guthrie Webster Miller, George Rush Ms. HANABUSA. I am opposed to it Barton (TX) Crowley Gutierrez Moore Ryan (OH) Welch Bass (CA) Cuellar Hahn Moran Ryan (WI) West in its current form. Bass (NH) Culberson Hall Murphy (CT) Sa´ nchez, Linda Whitfield The SPEAKER pro tempore. The Becerra Cummings Hanabusa Murphy (PA) T. Wilson (FL) Clerk will report the motion to recom- Benishek Davis (CA) Hanna Myrick Sanchez, Loretta Wilson (SC) Berg Davis (IL) Harper Wittman mit. Nadler Sarbanes The Clerk read as follows: Berkley Davis (KY) Hartzler Napolitano Scalise Wolf Berman DeFazio Hastings (FL) Neal Schakowsky Womack Ms. Hanabusa moves to recommit the bill Biggert DeGette Hastings (WA) Neugebauer Schilling Woodall H.R. 2218 to the Committee on Education and Bilbray DeLauro Hayworth Nugent Schmidt Woolsey the Workforce with instructions to report Bilirakis Denham Heck Nunes Schock Yarmuth the same back to the House forthwith with Bishop (GA) Dent Heinrich Nunnelee Schrader Yoder the following amendment: Bishop (NY) DesJarlais Hensarling Olson Schwartz Young (AK) Black Deutch Herger Page 20, after line 15, insert the following: Olver Schweikert Young (FL) ‘‘(j) BACKGROUND CHECKS TO PROTECT STU- Blumenauer Diaz-Balart Herrera Beutler Owens Scott (SC) Young (IN) Bonner Dicks Higgins DENTS FROM SEXUAL AND VIOLENT PREDA- Bono Mack Dingell Himes NOT VOTING—14 TORS.— Boren Doggett Hinchey Bachmann Larson (CT) Schiff ‘‘(1) BACKGROUND CHECKS.—Each State en- Boswell Dold Hinojosa Barletta Lewis (GA) Smith (TX) tity that receives a grant under this section Boustany Donnelly (IN) Hirono Capuano Marino Towns shall have in effect policies and procedures Brady (PA) Doyle Hochul Giffords Miller, Gary Visclosky for charter schools receiving funds under the Brady (TX) Dreier Holden King (NY) Noem entity’s program that— Braley (IA) Duffy Holt ‘‘(A) require that criminal background Brown (FL) Edwards Honda ANNOUNCEMENT BY THE ACTING CHAIR checks be conducted for school employees Buchanan Ellison Hoyer The Acting CHAIR (during the vote). Bucshon Ellmers Hunter that include— Buerkle Emerson Hurt There is 1 minute remaining in this ‘‘(i) a search of the State criminal registry Butterfield Engel Inslee vote. or repository in the State in which the Calvert Eshoo Israel b 1350 school employee resides and each State in Camp Farenthold Issa which such school employee previously re- Canseco Farr Jackson (IL) sided; Cantor Fattah Jackson Lee Mr. BURTON of Indiana changed his Capito Filner (TX) vote from ‘‘no’’ to ‘‘aye.’’ ‘‘(ii) a search of State-based child abuse Capps Fincher Johnson (GA) So the amendment was rejected. and neglect registries and databases in the Cardoza Fitzpatrick Johnson (IL) The result of the vote was announced State in which the school employee resides Carnahan Fleischmann Johnson, E. B. and each State in which such school em- Carney Flores Johnson, Sam as above recorded. ployee previously resided; Carson (IN) Forbes Jones Stated for: ‘‘(iii) a search of the National Crime Infor- Carter Fortenberry Kaptur Mr. HERGER. Mr. Chair, on rollcall No. 703, mation Center of the Department of Justice; Cassidy Foxx Keating Castor (FL) Frank (MA) Kelly I inadvertently voted ‘‘no’’ when I intended to ‘‘(iv) a Federal Bureau of Investigation fin- Chabot Frelinghuysen Kildee vote ‘‘yes.’’ gerprint check using the Integrated Auto- Chandler Fudge Kind Stated against: mated Fingerprint Identification System; Chu Gallegly Kingston Mr. SCHIFF. Mr. Chair, on rollcall No. 703, and Cicilline Garamendi Kinzinger (IL) ‘‘(v) a search of the National Sex Offender Clarke (MI) Gardner Kissell had I been present, I would have voted ‘‘no.’’ The Acting CHAIR (Mr. Registry established under section 19 of the Clarke (NY) Gerlach Kline Adam Walsh Child Protection and Safety Act Clay Gibbs Kucinich FLEISCHMANN). The question is on the of 2006 (42 U.S.C. 16919); Cleaver Gibson Labrador committee amendment in the nature of Clyburn Gingrey (GA) Lance ‘‘(B) prohibit the employment of an indi- Coble Gonzalez Landry a substitute, as amended. vidual for a position as a school employee if Cohen Goodlatte Langevin The amendment was agreed to. such individual—

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.033 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6121 ‘‘(i) refuses to consent to the criminal bill to go to final passage. This is an I yield back the balance of my time. background check described in subparagraph attempt to make a bill better. Mr. KLINE. Mr. Speaker, I would like (A); Regardless of how we may feel about to withdraw my reservation of the ‘‘(ii) makes a false statement in connec- the underlying bill, we can all agree point of order. tion with such criminal background check; The SPEAKER pro tempore. The res- ‘‘(iii) has been convicted of a felony con- that there is nothing we wouldn’t do to protect our children. Again, this is not ervation is withdrawn. sisting of— Mr. KLINE. I rise in opposition to ‘‘(I) homicide; an attempt to the kill the bill. The bill ‘‘(II) child abuse or neglect; will not be killed, and if this amend- the motion to recommit. ‘‘(III) a crime against children, including ment is adopted, it will allow the bill The SPEAKER pro tempore. The gen- tleman from Minnesota is recognized child pornography; to go forward to final passage. This ‘‘(IV) spousal abuse; for 5 minutes. just makes a statement that we should Mr. KLINE. Mr. Speaker, we’re all ‘‘(V) a crime involving rape or sexual as- all be able to agree with, and that is sault; concerned about the safety of our stu- ‘‘(VI) kidnapping; that we wish to protect our children dents and all of our schools. Ensuring ‘‘(VII) arson; or from sexual predators and abductors. our students are in a safe environment ‘‘(VIII) physical assault, battery, or a drug- What this amendment does is to say is a critical part of the duties of our related offense, committed within the past 5 anyone who receives a grant in support teachers, principals, administrators, years; or of the high quality charter schools re- school authorities. But whether the ‘‘(iv) has been convicted of any other crime quires that each State entity that re- that is a violent or sexual crime against a students attend charter schools or tra- ceives a grant under this section shall ditional public schools, all of our stu- minor; require a criminal background check ‘‘(C) require that a charter school that re- dents and parents need to know that ceives information from a criminal back- to be conducted of such school employ- schools are providing a safe environ- ground check conducted under this sub- ees. ment for them. section that an individual who has applied It also prohibits the employment of That’s why this issue is best consid- for employment with such school as a school any individual for a position in such ered when we look at the full Elemen- employee is a sexual predator report to local school, whether it’s a nonprofit that tary and Secondary Education Act law enforcement that such individual has so does contracts with the school or the later this fall, the law that governs all applied; school, itself, until the criminal back- public schools. ‘‘(D) require that the criminal background ground check is done; and if you refuse This motion would single out charter checks described in subparagraph (A) be peri- schools from the rest of the public odically repeated; and to do so, you cannot be employed. ‘‘(E) provide for a timely process by which And if you’re convicted of a felony— schools, something we’ve worked very a school employee may appeal the results of now, these are important points that hard and in a bipartisan way to avoid. a criminal background check conducted we’re protecting them from: homicide, Therefore, I urge my colleagues to under this subsection to challenge the accu- child abuse and neglect, a crime vote against this motion, reject this racy or completeness of the information pro- against children, spousal abuse, sexual motion to recommit, and support the duced by such background check and seek abuse, kidnapping, arson, physical as- underlying bill. appropriate relief for any final employment sault or battery, drug-related offenses, I yield back the balance of my time. decision based on materially inaccurate or or crimes against a minor—this is what Mr. CARSON of Indiana. Mr. Speaker, as incomplete information produced by such this bill requires. the House of Representatives continues to background check, but that does not permit discuss how we can improve upon our na- the school employee to be employed as a Now, in 2010 the GAO said we don’t have any Federal bills that protect our tion’s system of education, I would like to ad- school employee during such process. dress my colleagues and constituents on the ‘‘(2) DEFINITIONS.—In this subsection: children. Here we are. We’re going to importance of collaboration on this issue. Our ‘‘(A) SCHOOL EMPLOYEE.—The term ‘school allow for grants to be given to charter nation’s young people play a vital role in the employee’ means— schools. Why not just support this future of our country, and we must focus on ‘‘(i) an employee of, or a person seeking amendment which, in fact, will make the best interests of our children. employment with, a charter school, and who this a better bill? has a job duty that results in exposure to Over 20,000 students in my state of Indiana students; or What it will do is it will say no one, attend public charter schools. Parents seeking ‘‘(ii) an employee of, or a person seeking no one shall work with our children fresh opportunities for their children are finding employment with, a for-profit or nonprofit until such time that they have done a successful charter school programs within entity, or local public agency, that has a criminal background check. some communities that educate our children in contract or agreement to provide services The bill also permits that, if you be- new and innovative ways. Whereas misguided with a charter school, and whose job duty— lieve somehow you’ve been wrongfully ‘‘(I) is to provide such services; and programs, such as private school vouchers, accused, you can appeal. But during take money away from improving our schools, ‘‘(II) results in exposure to students. the period of time of that appeal, we’re ‘‘(B) SEXUAL PREDATOR.—The term ‘sexual investing in well-managed charter schools is predator’ means a person 18 years of age or also protecting the children because one way to improve upon existing public older who has been convicted of, or pled you’re not going to be able to work school systems. Through these efforts, public guilty to, a sexual offense against a minor.’’. with them until such time as your ap- school educators are able to offer experiential Mr. KLINE (during the reading). Mr. peal is done. learning programs that take creative ap- Speaker, I ask unanimous consent that b 1400 proaches to teaching. H.R. 2218, the Empowering Parents through the reading be dispensed with. Think about this. This is a statement The SPEAKER pro tempore. Is there Quality Charter Schools Act, has come to a that we are saying we’re going to make objection to the request of the gen- vote at a critical time in our nation’s history. the schools better. We’re going to tleman from Minnesota? America is at a crossroads with record unem- Ms. HANABUSA. I object, Mr. Speak- make charter schools safe for the chil- ployment, staggering deficits and widespread er. dren. How can we not support such a public discontent. Members of Congress must The SPEAKER pro tempore. Objec- measure? make the tough decisions that will make pre- tion is heard. That is why, Mr. Speaker, I ask that paring all American children for the global The Clerk will read. Members here support this motion to economy a priority. The Clerk continued to read. recommit. Although I realize the bill fails to address the Mr. KLINE. Mr. Speaker, I reserve all And be very clear: this does not stop needs to reform all of our schools, I decided points of order against the motion. the bill. This is like a final amend- to vote in support of Empowering Parents The SPEAKER pro tempore. A point ment. Regardless of how it votes, we through Quality Charter Schools Act. I support of order is reserved. vote for it—and I think we should all the Charter Schools Program and believe we The gentlewoman from Hawaii is rec- vote for it—it will go to final passage. must continue to invest in school infrastructure ognized for 5 minutes. This is not going to, in essence kill, the and innovative teaching styles. I believe this Ms. HANABUSA. Mr. Speaker, let us bill. It will let it go forward. legislation takes a positive step toward adding be very clear that this is a final amend- So with that in mind, I can’t imagine civil rights protections for students with disabil- ment to the bill, which will not kill the how anyone who sits in this Chamber ities and ensuring higher levels of overall qual- bill and, if adopted, will still allow the can’t be in support of this amendment. ity within public charter schools.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A13SE7.026 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6122 CONGRESSIONAL RECORD — HOUSE September 13, 2011 As the husband of a public school principal, Thompson (CA) Vela´ zquez Watt b 1419 Thompson (MS) Visclosky Waxman I recognize the need to ensure that America’s Tierney Walz (MN) Welch So the motion to recommit was re- children are all equally prepared for the future. Tonko Wasserman Wilson (FL) jected. I pledge to continue working with all of my col- Tsongas Schultz Woolsey Van Hollen Waters Yarmuth The result of the vote was announced leagues to invest in across-the-board improve- as above recorded. ments in all of our public schools and create NOES—231 Stated against: incentives that include traditional public Adams Goodlatte Olson Mr. WESTMORELAND. Mr. Speaker, on schools, students, parents and educators. Aderholt Gosar Palazzo rollcall No. 704, I was unavoidably detained. The SPEAKER pro tempore. Without Akin Gowdy Paul Had I been present, I would have voted ‘‘no.’’ objection, the previous question is or- Alexander Granger Paulsen Amash Graves (GA) Pearce The SPEAKER pro tempore. The dered on the motion to recommit. Austria Graves (MO) Pence question is on the passage of the bill. There was no objection. Bachus Griffin (AR) Petri The question was taken; and the The SPEAKER pro tempore. The Bartlett Griffith (VA) Pitts Barton (TX) Grimm Platts Speaker pro tempore announced that question is on the motion to recommit. Bass (NH) Guinta Poe (TX) the ayes appeared to have it. The question was taken; and the Benishek Guthrie Pompeo RECORDED VOTE Berg Hall Speaker pro tempore announced that Posey Mr. KLINE. Mr. Speaker, I demand a the noes appeared to have it. Biggert Hanna Price (GA) Bilbray Harper Quayle recorded vote. RECORDED VOTE Bilirakis Harris Reed A recorded vote was ordered. Bishop (UT) Hartzler Ms. HANABUSA. Mr. Speaker, I de- Rehberg The SPEAKER pro tempore. This Black Hastings (WA) Reichert mand a recorded vote. Blackburn Hayworth Renacci will be a 5-minute vote. A recorded vote was ordered. Bonner Heck Ribble The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- Bono Mack Hensarling Rigell vice, and there were—ayes 365, noes 54, Boustany Herger Rivera ant to clause 9 of rule XX, the Chair Brady (TX) Herrera Beutler Roby not voting 12, as follows: will reduce to 5 minutes the minimum Brooks Huelskamp Roe (TN) [Roll No. 705] time for any electronic vote on the Broun (GA) Huizenga (MI) Rogers (AL) Buchanan Hultgren AYES—365 question of passage. Rogers (KY) Bucshon Hunter Rogers (MI) Adams Costello Guthrie The vote was taken by electronic de- Buerkle Hurt Rohrabacher Alexander Courtney Gutierrez vice, and there were—ayes 189, noes 231, Burgess Issa Rokita Altmire Cravaack Hahn Burton (IN) Jenkins not voting 11, as follows: Rooney Andrews Crawford Hall Calvert Johnson (IL) Ros-Lehtinen Austria Crenshaw Hanabusa Camp Johnson (OH) [Roll No. 704] Roskam Bachus Crowley Hanna Campbell Johnson, Sam Ross (FL) Baldwin Cuellar Harper AYES—189 Canseco Jordan Royce Barrow Culberson Harris Cantor Kelly Ackerman Eshoo McGovern Runyan Bartlett Cummings Hastings (WA) Capito King (IA) Altmire Farr McIntyre Ryan (WI) Barton (TX) Davis (CA) Hayworth Carter Kingston Andrews Fattah McNerney Scalise Bass (CA) Davis (KY) Heck Cassidy Kinzinger (IL) Baca Filner Meeks Schilling Bass (NH) DeFazio Heinrich Chabot Kline Baldwin Frank (MA) Michaud Schmidt Becerra DeGette Hensarling Chaffetz Labrador Barrow Fudge Miller (NC) Schock Benishek DeLauro Herger Coble Lamborn Bass (CA) Garamendi Miller, George Schweikert Berg Denham Herrera Beutler Becerra Gonzalez Coffman (CO) Lance Berkley Dent Moore Scott (SC) Higgins Berkley Green, Al Moran Cole Landry Biggert DesJarlais Himes Scott, Austin Berman Green, Gene Murphy (CT) Conaway Lankford Bilbray Diaz-Balart Hinojosa Sensenbrenner Bishop (GA) Grijalva Nadler Cravaack Latham Bilirakis Dingell Hirono Sessions Bishop (NY) Gutierrez Napolitano Crawford LaTourette Bishop (GA) Doggett Hochul Shimkus Blumenauer Hahn Neal Crenshaw Latta Bishop (UT) Dold Holt Shuster Boren Hanabusa Olver Culberson Lewis (CA) Black Donnelly (IN) Honda Simpson Boswell Hastings (FL) Owens Davis (KY) LoBiondo Blackburn Doyle Hoyer Smith (NE) Brady (PA) Heinrich Pallone Denham Long Blumenauer Dreier Huelskamp Smith (NJ) Braley (IA) Higgins Pascrell Dent Lucas Bonner Duffy Huizenga (MI) Smith (TX) Brown (FL) Himes Pastor (AZ) DesJarlais Luetkemeyer Bono Mack Duncan (SC) Hultgren Southerland Butterfield Hinchey Payne Diaz-Balart Lummis Boren Duncan (TN) Hunter Capps Hinojosa Pelosi Dold Lungren, Daniel Stearns Boswell Ellison Israel Cardoza Hirono Perlmutter Dreier E. Stivers Boustany Ellmers Issa Carnahan Hochul Peters Duffy Mack Stutzman Brady (PA) Emerson Jackson (IL) Carney Holden Peterson Duncan (SC) Manzullo Sullivan Brady (TX) Engel Jackson Lee Carson (IN) Holt Pingree (ME) Duncan (TN) Marchant Terry Braley (IA) Eshoo (TX) Castor (FL) Honda Polis Ellmers McCarthy (CA) Thompson (PA) Brown (FL) Farenthold Jenkins Chandler Hoyer Price (NC) Emerson McCaul Thornberry Buchanan Farr Johnson (OH) Chu Inslee Quigley Farenthold McClintock Tiberi Bucshon Fattah Johnson, E. B. Cicilline Israel Rahall Fincher McCotter Tipton Buerkle Fincher Johnson, Sam Clarke (MI) Jackson (IL) Rangel Fitzpatrick McHenry Turner Burgess Fitzpatrick Jones Clarke (NY) Jackson Lee Reyes Flake McKeon Upton Burton (IN) Fleischmann Jordan Clay (TX) Richardson Fleischmann McKinley Walberg Butterfield Fleming Kaptur Cleaver Johnson (GA) Richmond Fleming McMorris Walden Calvert Flores Keating Clyburn Johnson, E. B. Ross (AR) Flores Rodgers Walsh (IL) Camp Forbes Kelly Cohen Jones Rothman (NJ) Forbes Meehan Webster Campbell Fortenberry Kildee Connolly (VA) Kaptur Roybal-Allard Fortenberry Mica West Canseco Foxx Kind Conyers Keating Ruppersberger Foxx Miller (FL) Whitfield Cantor Frank (MA) King (IA) Cooper Kildee Rush Franks (AZ) Miller (MI) Wilson (SC) Capito Franks (AZ) Kingston Costa Kind Ryan (OH) Frelinghuysen Mulvaney Wittman Capps Frelinghuysen Kinzinger (IL) Costello Kissell Sa´ nchez, Linda Gallegly Murphy (PA) Wolf Cardoza Gallegly Kissell Courtney Kucinich T. Gardner Myrick Womack Carnahan Garamendi Kline Critz Langevin Sanchez, Loretta Garrett Neugebauer Woodall Carney Gardner Labrador Crowley Larsen (WA) Sarbanes Gerlach Noem Yoder Carson (IN) Gerlach Lamborn Cuellar Larson (CT) Schakowsky Gibbs Nugent Young (AK) Carter Gibbs Lance Cummings Lee (CA) Schiff Gibson Nunes Young (FL) Cassidy Gibson Landry Davis (CA) Levin Schrader Gingrey (GA) Nunnelee Young (IN) Chabot Gingrey (GA) Langevin Davis (IL) Lipinski Schwartz Chaffetz Gohmert Lankford DeFazio Loebsack Scott (VA) NOT VOTING—11 Chandler Gonzalez Larson (CT) DeGette Lofgren, Zoe Scott, David Bachmann Gohmert Miller, Gary Cicilline Goodlatte Latham DeLauro Lowey Serrano Cleaver Gosar LaTourette Barletta King (NY) Towns Deutch Luja´ n Sewell Clyburn Gowdy Latta Capuano Lewis (GA) Westmoreland Dicks Lynch Sherman Giffords Marino Coble Granger Levin Dingell Maloney Shuler Coffman (CO) Graves (GA) Lewis (CA) Doggett Markey Sires Cohen Graves (MO) Lipinski Donnelly (IN) Matheson Slaughter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole Green, Al LoBiondo Doyle Matsui Smith (WA) The SPEAKER pro tempore (during Conaway Green, Gene Loebsack Edwards McCarthy (NY) Speier Connolly (VA) Griffin (AR) Lofgren, Zoe Ellison McCollum Stark the vote). There are 2 minutes remain- Cooper Grimm Long Engel McDermott Sutton ing in this vote. Costa Guinta Lowey

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A13SE7.027 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6123 Lucas Perlmutter Scott (VA) RESIGNATION AS MEMBER OF Mr. Speaker, I rise to address the Chair re- Luetkemeyer Peters Scott, Austin COMMITTEE ON SMALL BUSINESS Luja´ n Peterson Scott, David garding my absence from rollcall votes 699– Lungren, Daniel Petri Sensenbrenner The SPEAKER pro tempore (Mr. 701 on Monday, September 12, 2011. E. Pingree (ME) Serrano PALAZZO) laid before the House the fol- For rollcall vote, 699, on motion to suspend Lynch Pitts Sessions the rules and agree to H.R. 2076, ‘‘To amend Mack Platts lowing resignation as a member of the Sherman title 28, United States Code, to clarify the stat- Maloney Poe (TX) Shimkus Committee on Small Business: Manzullo Polis utory authority for the longstanding practice of Shuler HOUSE OF REPRESENTATIVES, Marchant Pompeo Shuster the Department of Justice of providing inves- Markey Posey Washington, DC, September 8, 2011. Simpson Matheson Price (GA) Hon. , tigatory assistance on request of State and Sires Matsui Price (NC) Speaker, House of Representatives, The Capitol, local authorities with respect to certain serious Slaughter McCarthy (CA) Quayle Smith (NE) Washington, DC. violent crimes, and for other purposes,’’ I McCarthy (NY) Quigley Smith (NJ) DEAR SPEAKER BOEHNER: I have accepted would have voted ‘‘aye.’’ McCaul Rahall the nomination of the Democratic Caucus to McClintock Reed Smith (TX) For rollcall vote 700, on motion to suspend serve on the Committee on Education and McCollum Rehberg Smith (WA) the rule and agree to H.R. 2633, ‘‘To amend Southerland the Workforce for the remainder of the 112th McCotter Reichert title 28, United States Code, to clarify the time McGovern Renacci Speier Congress. I hereby submit my resignation McHenry Reyes Stark from the Committee on Small Business. limits for appeals in civil cases to which United McIntyre Ribble Stearns Sincerely, States officers or employees are parties,’’ I McKeon Richmond Stivers JASON ALTMIRE. would have voted ‘‘aye.’’ McKinley Rigell Sullivan For rollcall vote 701, on motion to suspend McMorris Rivera Terry The SPEAKER pro tempore. Without Rodgers Roby Thompson (CA) objection, the resignation is accepted. the rules and agree as amended to H.Res McNerney Roe (TN) Thompson (PA) There was no objection. 1316, ‘‘To protect the safety of judges by ex- Meehan Rogers (AL) Thornberry tending the authority of the Judicial Con- Meeks Rogers (KY) Tiberi f ference to redact sensitive information con- Mica Rogers (MI) Tipton Michaud Rohrabacher Tsongas ELECTING A MEMBER TO A CER- tained in their financial disclosure reports, and Miller (FL) Rokita Turner TAIN STANDING COMMITTEE OF for other purpose,’’ I would have voted ‘‘aye.’’ Miller (MI) Rooney Upton Miller (NC) Ros-Lehtinen THE HOUSE OF REPRESENTA- f Van Hollen TIVES Miller, George Roskam Vela´ zquez Moran Ross (AR) b 1430 Visclosky Mulvaney Ross (FL) Mr. LARSON of Connecticut. Mr. Walberg ENSURING TRAVELING PUBLIC’S Murphy (CT) Rothman (NJ) Speaker, by the direction of the Demo- Walden Murphy (PA) Roybal-Allard SAFETY Wasserman cratic Caucus, I offer a privileged reso- Myrick Royce Schultz lution and ask for its immediate con- (Ms. JACKSON LEE of Texas asked Nadler Runyan Watt Neal Ruppersberger sideration. and was given permission to address Neugebauer Ryan (OH) Waxman The Clerk read the resolution, as fol- the House for 1 minute and to revise Webster Noem Ryan (WI) lows: and extend her remarks.) Nugent Sa´ nchez, Linda West Nunes T. Westmoreland H. RES. 398 Ms. JACKSON LEE of Texas. Mem- Nunnelee Sanchez, Loretta Whitfield Resolved, That the following named Mem- bers fly a lot, Mr. Speaker, and so I am Olson Sarbanes Wilson (SC) delighted to know that we have moved Wittman ber be and is hereby elected to the following Olver Scalise standing committee of the House of Rep- on saving and coming together around Owens Schakowsky Wolf Palazzo Schiff Womack resentatives: the FAA extension. Pallone Schilling Woodall (1) COMMITTEE ON EDUCATION AND THE WORK- Just a few weeks ago, I gathered at Pascrell Schmidt Woolsey FORCE.—Mr. Altmire. the airport that I represent, Houston Paulsen Schock Yarmuth Mr. LARSON of Connecticut (during Payne Schrader Yoder Intercontinental Airport, to listen to Pearce Schwartz Young (AK) the reading). Mr. Speaker, I ask unani- the workers and those who secure our Pelosi Schweikert Young (FL) mous consent that the resolution be Nation’s airports. From flight attend- Pence Scott (SC) Young (IN) considered as read and printed in the ants to flight pilots or airline pilots, to NOES—54 RECORD. machinists, to friends who were sup- Ackerman Filner McDermott The SPEAKER pro tempore. Is there porting them, the seafarers and com- Aderholt Flake Moore objection to the request of the gen- munication workers, and an array of Amash Fudge Napolitano tleman from Connecticut? workers who work every day led by Baca Garrett Pastor (AZ) Bishop (NY) Griffith (VA) Paul There was no objection. leadership from the AFL–CIO, those Brooks Grijalva Rangel The resolution was agreed to. who work at the airport, city officials Broun (GA) Hartzler Richardson A motion to reconsider was laid on were all saying: I cannot believe that Castor (FL) Hastings (FL) Rush the table. Chu Hinchey Sewell you would allow $90 million to go awry Clarke (MI) Holden Sutton f and construction on airports around Clarke (NY) Hurt Thompson (MS) America to be unutilized. Clay Inslee Tierney PERSONAL EXPLANATION It is time that we move forward with Conyers Johnson (GA) Tonko Critz Johnson (IL) Walsh (IL) Ms. JACKSON LEE of Texas. Mr. the FAA authorization. It is also time Davis (IL) Kucinich Walz (MN) Speaker, yesterday, September 12, I to appreciate collective bargaining, Deutch Larsen (WA) Waters was detained in my State on official which is an important element of this, Dicks Lee (CA) Welch Edwards Lummis Wilson (FL) business. and to recognize and respect the var- On rollcall vote 699 on the motion to ious needs of the FAA. NOT VOTING—12 suspend the rules and agree to H.R. I still believe there should be manda- Akin Capuano Marino 2076, to amend the United States Code tory two air traffic controllers at every Bachmann Giffords Miller, Gary Barletta King (NY) Stutzman regarding providing of investigatory airport and mandatory time of rest. We Berman Lewis (GA) Towns assistance, I would have voted ‘‘aye.’’ need to ensure the traveling public’s On rollcall vote 700 on the motion to safety on the Nation’s airlines. It is b 1427 suspend the rules and agree to H.R. about time, and I congratulate this Mr. PASTOR of Arizona and Ms. 2633, to amend the United States Code House for moving forward on the FAA SUTTON changed their vote from regarding time limits for appeals, I authorization. ‘‘aye’’ to ‘‘no.’’ would have voted ‘‘aye.’’ f Mr. PAYNE changed his vote from On rollcall vote 701, H.R. 1059, to pro- ‘‘no’’ to ‘‘aye.’’ tect the safety of judges by extending CONGRATULATING KEYSTONE So the bill was passed. the authority of the Judicial Con- LITTLE LEAGUE The result of the vote was announced ference to redact sensitive information (Mr. THOMPSON of Pennsylvania as above recorded. on financial disclosure reports, and for asked and was given permission to ad- A motion to reconsider was laid on other purposes, I would have voted dress the House for 1 minute and to re- the table. ‘‘aye.’’ vise and extend his remarks.)

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A13SE7.030 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6124 CONGRESSIONAL RECORD — HOUSE September 13, 2011 Mr. THOMPSON of Pennsylvania. 2011 LITTLE LEAGUE BASEBALL EASTERN REGION Garbrick said his team is finally starting Mr. Speaker, on August 14, Keystone TOURNAMENT SUMMARY—Continued to realize what they’ve accomplished. On Thursday night, his fearless faction of home- Little League from Clinton County, Rhode Island advances to the World Series in Williamsport, Pennsylvania, won the Little League town heroes will have a chance to take it one PA step further as they play in the United Mid-Atlantic Region title. This win se- Sunday, Au- 30 New Jersey.. 2 Pennsylvania 5 States Semifinal. cured them a place in the Little gust 14. GAME 5: LOSS League World Series Tournament. Pennsylvania advances to the World Series in Williamsport, 2–0 loss to Ocean View Little League from A special group of young men made PA Huntington Beach, Calif. (West Region up the Keystone team. It wasn’t just a Champions) talented Pennsylvania team making it 2011 KEYSTONE ROSTER It was a dream run from a dream team of to the World Series, or the fact that locals with a lot of talent and even more they were the first Clinton County Player Position B/T heart, but it wasn’t to be in 2011, as the Mid- Atlantic champs from nearby Keystone Lit- team to make the World Series since Pitchers: tle League raised their caps to a resounding 1949, but that for weeks these boys 22 Landon Breon ...... P ...... L/L 2 Alex Garbrick ...... P ...... R/R cheer after falling to the West All-Stars, 2–0, were perhaps the biggest story in the 7 Tyler McClosky ...... P ...... R/R in Thursday night’s elimination contest at 24 Trebor Nicodemus ...... P ...... R/R world of sports. 5 Cole Reeder ...... P ...... R/R Howard J. Lamade Stadium. While some exceptional teams often 1 Eathan Watkins ...... P ...... R/R Catchers: f hitch their success to one or two early 3 Wyatt Koch ...... C ...... R/R developing kids, it was Keystone’s Infielders: SEX TRAFFICKING IN AMERICA 6 Talon Falls ...... SS ...... R/R teamwork, sportsmanship, and char- 10 Brandon Miller ...... 1B ...... L/L The SPEAKER pro tempore. Under acter that served to rally the entire 12 Mitch Smith ...... 3B ...... R/R the Speaker’s announced policy of Jan- Outfielders: State around them, creating record- 8 Mike Kiebler ...... OF ...... R/R uary 5, 2011, the gentleman from Texas breaking crowds as we watched their 12 Mitchell Smith ...... OF ...... R/R (Mr. POE) is recognized for 60 minutes Staff: historic run for the world champion- Bill Garbrick ...... Manager. as the designee of the majority leader. ship. Justin Kline ...... Assistant Coach. Mr. POE of Texas. Mr. Speaker, in This team, more than any other, held Chip Miller ...... Assistant Coach. the United States, throughout this en- their own against national competi- TOURNAMENT SUMMARY tire land, there are 3,500 shelters—3,500 tion, winning three of five games dur- GAME 1: LOSS shelters—and these shelters are animal ing the tournament. Loss: 1–0 loss to Kentucky’s North Oldham shelters. According to the Humane So- In the end, Keystone left this season Little League (Great Lakes Region Cham- ciety, there are at least 3,500 animal with something more than a regional pions) shelters in our Nation rescuing those title; they left with a legacy that will ‘‘Keystone Little League, the 2011 Mid-At- animals, primarily dogs and cats, and be remembered generations from now. I lantic Champion, drew an all-time record making sure that they have some safe- want to congratulate the whole team, crowd at the Little League World Series. An ty. estimated 41,000+ fans visited Howard J. the coaches, and the dedicated parents I have dalmatians. In fact, one of my Lamade Stadium Friday evening for the 8 dalmatians was from a shelter, Dalma- who helped make this season one for p.m. game. The game was originally sched- the record books. uled for Volunteer Stadium, but was moved tian Rescue in Dallas, Texas, is where Congratulations, Keystone. in advance to Lamade Stadium based on at- I got it. Three thousand five hundred. tendance estimates.’’ Bear that number in mind, Mr. Speak- 2011 LITTLE LEAGUE BASEBALL EASTERN REGION GAME 2: WIN er, because in the same United States TOURNAMENT SUMMARY Victory: 2–0 victory over Cumberland Lit- of America there are five shelters— tle League, R.I. (Northeast Region Cham- five—for minor sex trafficked victims DAY/DATE GAME # FINAL SCORE pions) in this country. Fifty beds in the whole ‘‘Northeast Manager David Belisle: Per- Nation is what I understand that there Friday, Au- 1 Dist. Colum- 2 Delaware ..... 16 haps his words of highest praise were left for gust 5. bia. are to take care of minors, primarily 2 Maine ...... 2 New Hamp. 5 the Mid-Atlantic squad—whom his team built a strong rapport with during the recent young girls who are trafficked through- 3 ..... 3 New York..... 7 out the United States for sexual pleas- 4 Connecticut 17 Vermont...... 0 regional tournaments in Bristol, Conn.: Saturday, 5 Delaware ..... 7 Maryland..... 1 ‘That’s a classy team. I really want them ure. August 6. to win it.’ ’’ Maybe we have gotten our priorities 6 Massachu- 3 Rhode Island 5 GAME 3: WIN out of sync. You know, sex trafficking setts. 7 New Jersey.. 4 Pennsylvania 8 10–0 victory over Lafayette All-Stars, La. is nothing more than modern day slav- 8 Connecticut 10 Maine...... 1 (Southwest Region Champions) ery, and it is an epidemic in some parts Sunday, Au- 9 Maine ...... 9 Vermont...... 1 ‘‘Pitchers Landon Breon and Brandon Mil- of the world, and it even is coming to gust 7. ler teamed up to throw the first no-hitter of the United States. It’s that crime to 10 New Jersey .. 13 Dist. Colum- 5 the 2011 Little League Baseball World Series bia. me that no one wants to talk about. Monday night, as the hometown favorites I spent a lot of time at the court- 11 Connecticut 7 New Hamp. 9 representing the Mid-Atlantic region mercy 12 New York..... 3 Pennsylvania 5 ruled a potent Southwest team, 10–0, in four house in Houston, Texas, as a pros- Monday, Au- 13 Maryland ..... 17 Dist. Colum- 9 ecutor in felony court, as a criminal gust 8. bia. innings to continue their run to a title. 14 Massachu- 17 Vermont ...... 1 GAME 4: WIN court judge for 22 years, and I heard a setts. 7–5 victory over Warner Robbins, Ga. lot of cases. But this case of someone 15 Delaware ..... 12 New York..... 11 (Southeast Region Champions) kidnapping a minor child and trans- 16 New Hamp. 8 Rhode Island 0 Tuesday night, after finding themselves in Tuesday, Au- 17 Maine ...... 3 Massachu- 5 porting them across the United States gust 9. setts. a precarious position, giving up three runs in for sex slavery is one of those cases 18 Connecticut 3 Rhode Island 0 the top of the first, the Mid-Atlantic re- that is difficult to understand why it 19 Maryland ..... 3 Pennsylvania 10 gional champs rode a deafening crowd of occurs in this Nation. And many peo- 20 Delaware ..... 2 New Jersey.. 1 more than 32,000 to a comeback win, plating Wednesday, 21 Rhode Island 12 Vermont...... 4 six runs in the bottom half of the frame to ple, many people in the academic areas August 10. procure a lead they would never relinquish and others don’t want to admit that 22 Massachu- 2 New Hamp. 5 en route to a 7–5 victory over Warner Rob- takes place in this Nation, but human setts. 23 Dist. Colum- 0 Pennsylvania 17 bins, Ga . . . trafficking does take place, whether bia. . . . Garbrick, on the other hand, felt it’s with minors or whether it’s with 24 New Jersey .. 6 New York ..... 2 that the boisterous crowd fueled his team’s adults, and primarily, Mr. Speaker, it’s Thursday, 25 Connecticut 7 Rhode Island 8 confidence—especially his de facto closer, with women. August 11. Tyler McCloskey. With the Southeast Region I have traveled to the Eastern Euro- 26 New Hamp. 4 Massachu- 9 champs trying to mount a late rally, he shut setts. the door yet again, hurling only fastballs in pean nations as a member of the For- Friday, Au- 27 Delaware ..... 1 New Jersey.. 2 1.1 innings of one-hit ball. ‘‘I’m not nervous eign Affairs Committee and have dis- gust 12. cussed with people in the Ukraine, Ro- 28 Pennsylvania 3 New York..... 0 anymore,’’ said the 5-foot-2, 92-pound Saturday, 29 Massachu- 7 Rhode Island 13 McCloskey. ‘‘I’ve done this about a million mania, Bulgaria, the problem those na- August 13. setts. times now.’’ tions have when their young women

VerDate Mar 15 2010 04:19 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.046 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6125 are sold to other nations in sex traf- allow that person to use them as prop- are corrupt. They do not understand ficking. Here’s the way it works on the erty in the sex trafficking business. that they can get help in the United international scale. One way it works, b 1440 States. and in many of these Eastern European That situation occurs—these mas- countries, young women can’t work, When they come into the United sage parlors—occur in some places, and can’t find jobs, and so they will learn States, they’re promised a better life, a one of those is in Houston, Texas, either through the Internet or from an good job; but that doesn’t really hap- where Constable Ron Hickman has put ad in the newspaper, if they go to a cer- pen to some of them. his special teams together to try to tain country they will be promised a There are many stories. I’m going to stop this epidemic that’s occurring in job. So they leave their home in the talk about just two young women. parts of our State. These trafficking Ukraine or Romania, and they go to Gabriella—that’s not her real name— individuals—the traffickers—they’re some foreign country. They meet up was working to support her family in smooth operators, and they will do with some person. It’s a male, of Colombia. She was told by a friend—a anything to get around the law and in- course, and he promises that he will male friend who recently moved to the timidate the victim to cooperate. take care of them and they will get a United States—that she could make a While victims are brought from over- job doing something. And, of course, whole lot more money if she came to seas into our country, children in our what they end up doing is becoming a the United States. So she took him up own backyards are forced into a life of piece of property for that male so that on the offer to let him get her into the sexual exploitation. Let me distinguish that person can sell that young female United States; but as soon as she ar- here. I started out by talking about into sex slavery. rived here, that same ‘‘friend’’ forced minor sex trafficking victims and how Back home where they come from, her into prostitution. there are so few shelters for them, but their families many times never know She couldn’t afford to come into the let’s distinguish the types of victims what happened to their daughter or United States. So, he said, Well, I got we’re talking about. their sister. They have just disappeared you here. Now you’ve got to pay your We have the international victims off in some other country. That takes way. The way you pay me for getting who come into the United States, place in that form in many countries you here and the cost of me getting smuggled into the U.S. and they are throughout Eastern Europe and other you into the United States is you’re transported around the United States nations as well. going to have to become a prostitute, for sexual favors. Then we have people Unfortunately, those who keep sta- and you’re going to work for me, the that are already in the United States. tistics estimate that overseas the cus- pimp. If you don’t, I’ll harm your fam- Citizens or people that are here legally tomers, the ones that use that sex traf- ily back home in Colombia. who are moved from city to city in the ficked victim, about 25 percent, I un- So for 5 years that young girl was United States. So those are domestic derstand, are Americans; Americans moved around in different brothels, trafficked victims. that go overseas for the purpose of en- houses of prostitution. She said after Here’s the big distinction, Mr. Speak- gaging in prostitution as a customer of she was finally rescued that she had no er: generally speaking, if a person is some person that is trafficked inter- contact with the public and she really brought into the U.S. as a trafficked nationally. didn’t even really know what city she sex victim and she gets involved in But let’s bring it back closer to home was in. After years of servitude, ICE prostitution and she’s rescued by Fed- and what’s taking place in the United raided the brothel where she was held eral authorities, she’s treated as a vic- States. Being from Houston, Texas, the and Gabriella was rescued. She was one tim of crime and there are some places location of Houston, Texas, where it is of the fortunate ones because she was to place that rescued victim; but the on the map and its closeness to other referred to services where she received rules don’t seem to be the same and nations south of the border makes it, counseling and helped to find housing aren’t the same in some cases for do- unfortunately, a hub for internation- and care for her own child and also find mestic trafficked victims. For exam- ally sex trafficked victims that come a job. ple, if a victim is taken from Houston, into the United States, either stay in But, sadly, this type of trafficking Texas, kidnapped and taken to another Houston or are trafficked to some occurs in the United States. People— State in the United States and is other part of the United States, and it women—come into the United States forced into prostitution by some pimp has become a hub, one of the hubs in looking for freedom and prosperity, a and law enforcement gets involved and this country for that awful, dastardly job that they can send money back they find her, in many cases she’s crime. home to their families; but they end up treated as a criminal. She’s arrested It works this way. This is one of the being property of someone else who for prostitution. She’s not treated as a ways it works. Young women, either sells them for sexual favors. victim. adults or minors in some foreign coun- There are all kinds of ways that this Now, in all deference to our law en- try, are smuggled into the United is done. They’re trafficked through forcement folks, who do as good a job States illegally by someone who prom- massage parlors that advertise them- as they can, there is no place to put ises that when he gets them into the selves as legitimate businesses. In re- that trafficked victim as a victim of United States, he’s got a job waiting ality, they’re illegal sex rings. Part of crime. So she’s put in the criminal jus- for them. In some cases, these young that issue, massage parlors, occurs in tice system, in many cases the juvenile women have paid this person to smug- the city of Houston, where women, pri- system because there’s no place to put gle them into the United States. And marily adult women, are smuggled into her. There are no shelters. There are no once they’re in the United States, they the United States from Asian coun- safe houses. There are no beds for those become the property of that sex traf- tries. They don’t speak the language. types of victims. Of course, it’s a prob- ficker, and he forces them into exploi- They’re used in massage parlors, which lem of resources. tation. He uses threats against them. are nothing more than a front for ille- But it’s something that we need to It’s as simple as if you don’t cooperate, gal sex rings. understand how difficult that is on a I will have my friends in your country The problem that they have is this. minor child who is a victim of crime to where your family is, I’ll have them This is a complicated problem. It’s not be shoved into the general population kill your family. So a 14-year-old girl, an easy solution. They come into the as a juvenile or in the criminal justice what decision does she make? She United States. They’re smuggled here. system to get her out of that system doesn’t speak the language. She’s in They don’t speak the language. They and treat her like a victim. Of course, the United States, and this person come from a country where the police she has a whole life ahead of her. It says, either you cooperate and work for are corrupt, nobody trusts the govern- starts out she’s in the criminal justice me, or I will make sure your parents ment; and they find themselves in the system. Once that happens, the next are killed, and many times they choose United States, where law enforcement time she’s seen or picked up by law en- the only alternative they think they tries to help them, and they don’t co- forcement, even with good intentions, have—to become a sex slave and be operate because they come from a cul- she’s put back in the criminal justice trafficked into the United States and ture where the police, law enforcement, system or the juvenile system.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.047 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6126 CONGRESSIONAL RECORD — HOUSE September 13, 2011 So we have a standard here where we b 1450 well, we found out that was wrong. It’s need to understand that we need to Maria was arrested on multiple occa- the same issue when it comes to human treat the victim of that traffic—the sions and didn’t even know her grand- sex slavery. It is occurring, and it will young woman, the minor child in some mother and her sister were looking for only get worse unless we do something cases—they need to be treated as vic- her until the first time she was ar- about it. tims of crime and not criminals. We’ll rested at the age of 14. Fortunately for Our laws must identify the people in get to the criminals and who they are Maria, there was a place for her to go the system. And I think it’s important in just a minute. to receive specialized services, and she that we take the child, the trafficked Traffickers use and contact very vul- was able to get counseling and eventu- person, and treat them as a victim of nerable young women. Many times ally able to get out of this life of being crime. We have to have that mindset they abuse and they manipulate these a slave. She finally believed that she that in many cases they are a victim of young women. The children—these had some self-worth, where she be- crime. We, as a culture, need to recog- girls, primarily—come from families, lieved before she had no worth as a per- nize that and treat them that way and but sometimes they are homeless. son. rescue them from that environment. They’re runaways or in some cases Part of the problem, Mr. Speaker, is That’s the primary duty that we have: throwaways, as some call them; and we don’t have enough places for young Rescue that child, get them out of that they’re very susceptible for trafficking. women like Maria—50 beds, only five environment, and help them. They really have no place to go in our shelters, I understand. Let me tell you, these are hard peo- society and our culture. They have no So the United States, as a Nation, as ple to work with. These young women place to go. And so when they’re roam- a culture, as a people, the greatest are hard. They are difficult. The agen- ing the streets and somebody comes up place on Earth, we need to understand cies that work with them find them to them and treats them nice, promises that we have to deal with this issue. very difficult to work with, but that he’ll take care of them, give them a It’s only going to get worse. And ignor- doesn’t mean we should give up on place to stay and give them money, ing the problem will not solve the prob- them. they’re susceptible to that. Once they lem. So we take the victim and we work get into that environment, they be- Of course, all different branches of with them and treat them like a vic- come a slave. They are a slave in 2011. law enforcement must work together— tim. Then we take the customer, the Our culture needs to understand that. local, State, and Federal—on this person that pays for the service, pays The pimps, in many cases, will do issue, and especially on the issue of the the slave to perform some sexual activ- anything. They will beat them, they fact that international trafficking vic- ity, we take that person and we pros- will abuse them, they will drug them, tims in the United States seem to have ecute those individuals. And when and they will manipulate them through some places to go when they’re rescued they’re convicted, I think their photo- old-fashioned brainwashing. and domestic trafficking victims don’t, graphs ought to be on the Internet. Take the story of Maria. Maria was and especially those who are minor Line them up. Let the country know an 11-year-old girl. Eleven, Mr. Speak- trafficking victims. who these people are that live in this er. That’s her actual age. She was The Victims of Trafficking and Vio- Nation that buy sexual favors from raised by her grandmother in Los An- lation Protection Act of 2000 was the children. Show who they are. But pros- geles. Her mother died when she was first large-scale Federal law to address ecute those people. very young and her father was not in- human trafficking in this country. The Too often in the area of prostitu- volved in her life. This young girl, as law addresses both the global and do- tion—there are even some States that most girls, in my opinion, needed a mestic trafficking problem and also es- want to abolish it as a crime. Too often strong male figure to help her. She was tablishes an annual Trafficking in Per- we center on the prostitute. And in looking for someone since she didn’t sons Report that analyzes the issue of some cases, the prostitute, unlike the have a father figure around. She didn’t global and country-to-country traf- cases I’m talking about, is committing know that this male figure would end ficking and places countries on a list— a crime. They’re doing it because they up being someone who would treat her on a tier is what it’s called—of the want to. They’re not forced to do it. as a sex slave. worst offenders, and I think we should That’s a different situation. But we One day, this individual approached know who the worst offenders are. center on the prostitute. Very seldom her. He treated her nice. He was 28 at The worst offending nations in the do we prosecute the male, the person the time. He took her shopping, bought whole world that are kept up with—all who uses the service. Our society bet- her new clothes, treated her nice, took countries are kept up with—on human ter start prosecuting the person who her to his house; and as soon as he sexual trafficking and slavery, here needs to be prosecuted. went into that house with her, she they are: Algeria, Burma, the Central Then we deal with the trafficker, the didn’t realize that she would never re- African Republic, Cuba, New Guinea, slave owner. And there is no punish- turn to her home. Iran—I’ll repeat that one, Iran—North ment that is strong enough for the He treated her well at first, but soon Korea, Kuwait, Lebanon, Libya, Mada- slave owner in this country. Go after he had other girls who lived in the gascar, Saudi Arabia, the Sudan, them. Make them know they’re not house take her to a house of prostitu- Turkmenistan, Venezuela, Yemen, and going to do business in the United tion, for lack of a better phrase, and Zimbabwe. Those are the worst coun- States and traffic international vic- show her how to be a prostitute. Be- tries for this issue of international sex tims or domestic victims in this coun- cause, you see, she was 11 years of age. trafficking. try. We will not stand for it. But let’s She later learned that she was making This legislation was reauthorized in come down hard on those guys and go about $1,500 a night that she turned 2008 as the William Wilberforce Traf- after the other ones, too, who use that over to this 28-year-old pimp. Later, ficking Victims Reauthorization Act. service and treat the victim as a vic- she said she was beaten and brain- We have improved the law over the tim. washed and stuck in ‘‘the life’’ and years, and it’s time that we make traf- The people who use that service, they trafficked throughout the United ficking—international trafficking and need to know we’re going to find out States. domestic trafficking—as an issue, a who they are and we’re going to pub- Her pimp got all the money, making human rights issue, a children’s issue. licize their names because that’s the her believe that this is the way it Whatever you want to call it, it’s demand that’s created in this country. should be and that he deserved the wrong, and we have to deal with it in We cannot continue to let those that money while she was being raped by this country. And we cannot put an end pay to abuse children continue to roam multiple men each and every night. He to it until we are aware of the fact that our streets, and we need to treat vic- told her he owned her—and she be- it does occur. tims as such. lieved it because she was 11. She was Just like the old days when many I am the cochairman of the Victims’ still maturing into society and what people used to say when I was a judge, Rights Caucus, along with my friend was right and what was wrong was all oh, gangs aren’t a problem, there are JIM COSTA from California, and one of being taught differently to her. no gangs in the United States. Yeah, the things we’re trying to do is raise

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.049 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6127 awareness for victims of crime, espe- So I hope that we understand the ne- been increased, thus costing more cially those of domestic trafficking cessity, the importance of taking care money to the government and the tax- victims that are arrested and treated of our greatest resource, and our great- payer. as criminals when, in the case, they est resource is children in this country. Then just recently, because we had should be treated as victims of crime. No matter who they are or what’s hap- these terrible crises on Wall Street and We must make sure that the inter- pened to them in their life, we need to the banking crisis that we’ve had, we national and domestic victims are both take care of them, especially those had the bailout, which cost well over $1 treated as victims and both receive es- young that, in the year 2011, become trillion when you talk about the inter- sential services, and there must be the slaves of someone else for money. est that’s added to it; and because the economy continues to founder and we services provided for them. We must b 1500 also make sure that the victim in this have unemployment that’s above 9 per- case is rescued, that, as a society, that Let’s take care of this issue, Mr. cent, the Fed decided to have what is the first thing we try to do is rescue Speaker, and stop this crime against they call QE1, quantitative easing, them. humanity in this country and be the which increased the money supply As I mentioned earlier, it’s my un- world leader. again by several hundred billion dol- derstanding there are only about 50 And that’s just the way it is. lars. And then we had quantitative eas- beds for minor sex trafficking victims I yield back the balance of my time. ing, or QE2, which has raised the in the United States and five shelters. f amount of money in circulation and ex- acerbated the problem that we’re all We need to solve that problem and help THE SPENDING PROBLEM those organizations that work with facing today. victims of crime have resources to The SPEAKER pro tempore. Pursu- So I’d like to talk just a little bit house and treat and take care of those ant to the order of the House of Janu- about how this affects the average per- very special people. ary 5, 2011, the gentleman from Indi- son. Mr. Bernanke, who’s the head of There are many organizations that ana, (Mr. BURTON) will control the re- the Federal Reserve Board, said that are trying to help in the area of rescue, mainder of the time, 33 minutes. we don’t have to worry about inflation. stopping trafficking of victims. I’d like Mr. BURTON of Indiana. Thank you, He said that, long term, the inflation to mention those before I finish, Mr. Mr. Speaker. rate is not going to get above 1.7 to 2 Speaker. Mr. Speaker, a lot of times people percent. Of course, I mentioned Constable Ron ask me why do you have a Special But let’s just look at what the aver- Hickman of Precinct 4 in Houston Order when the Chamber is not in ses- age person has to pay when they go to that’s working on the prostitution in- sion and it doesn’t appear anybody’s the store or the gas station to buy volved in massage parlors and trying to paying any attention. We all have mon- products. Milk—and everybody drinks prosecute the people who are involved itors back in our offices, and many of milk, especially if you have kids—has in that, but also to rescue those vic- our Members who are not in attend- gone up 38 percent since last year. That tims that are very difficult to work ance get a chance to hear what other means if you buy milk, for every dollar with because they come from a culture Members have to say during Special you’re spending it costs $1.38, as op- where they don’t work with law en- Orders. It also allows us, if people posed to last year. That’s inflation. The price of sugar—and sugar’s used forcement. across the country happen to be paying in cookies and cakes and all the things Another organization is the Arrow attention to what’s going on in Wash- that we use on a daily basis, chewing Ministries in Texas, the YMCA Inter- ington, it gives them a chance to see gum, everything—has gone up 20 per- national Services. Children at Risk in and hear some of the issues that we’re cent since last year. That’s inflation. Houston does a great job. They do ex- talking about. One of the things that really con- The price of corn, which is used in actly what their name says. They try feed for our animals, it’s used in gaso- to take care of kids, children that are cerns me that I hope everybody’s con- cerned about is the terrible spending line now, it’s used on a daily basis by at risk. people across this country, corn has problem we have here in Washington, Houston Rescue and Restore, Arrow gone up 62 percent in the last year. So and that spending problem, and what Ministries, Redeem Ministries. On the for each dollar that you spent for corn that spending problem causes. When national level, there are other organi- a year ago, now it costs $1.62. zations: Shared Hope International, you spend more money and you print And as of August, the cost of beef, The Rebecca Project for Human more money and it gets into circula- hamburger, steaks, whatever you buy, Rights, Polaris Project, Catholic Char- tion, that’s called inflating the money went up 13 percent over last year, and ities, Humanity United, World Vision, supply. When you inflate the money that amounts to about 52 cents a International Justice Mission, Vital supply, ultimately that means that ev- pound. So when you go buy a pound of Voices, the Coalition to End Slavery erything that money buys goes up in hamburger, it’s going to cost about 52 and Trafficking, Amnesty Inter- cost. cents more than it did a year ago. national, End Child Prostitution and The trucks that transport our goods That’s killing the American people. Trafficking, Free the Slaves, Not for and services across the country have to They tell us we do not have inflation, Sale Campaign, and Break the Chain pay for more diesel fuel, more for li- and anybody that goes to buy groceries Campaign, and there is that great orga- censes, more for anything else; and all or any commodity that’s transported nization, RAINN, as well. those costs are passed on to the people across this country is paying a heck of Mr. Speaker, we, as a culture, as a whose products they carry, and those a lot more than they did last year. So society, as a country, as a people, I people who make those products have when the administration and the Fed think that we are judged, we are judged to make a profit, so they have to raise and the Treasury Department say we as a people. The United States claims the price of those products to the peo- don’t have an inflationary problem, to be the world leader in human rights, ple who buy those products, whether talk to your wife, husband, talk to and I think we are the world leader in it’s a supermarket or a clothing store your wife. Wife, talk to your husband human rights, and we should continue or whatever it is. Then when the con- when he goes to buy gasoline. to be. Because we’ve been blessed with sumer goes to buy those products that And everybody knows that the so much, we should try to protect the are transported, they have to pay more amount of money they’re making is dignity of humans throughout the for them; and that’s what we call infla- not keeping up with inflation. That’s world, but especially humans here. tion. why we have to get control of spending But we are judged not by the way we Now, we have, in the last couple of here in Washington. We have to get treat the rich, the famous, the popular, years, during the Obama administra- control of the entitlements. We have to the powerful. We’re judged by the way tion, and the last part of the Bush ad- get control of every government agen- we treat the elderly, the weak, the ministration, passed a bailout bill and cy, and we have to get rid of a lot of poor, the children, victims of crime. a stimulus bill that have cost, collec- government agencies that are not That’s how we’re judged, not by the tively, close to $2 trillion. That does doing anything to really help our econ- way we treat these other people. not cover the other programs that have omy or our country.

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.051 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6128 CONGRESSIONAL RECORD — HOUSE September 13, 2011 Take, for instance, the Department b 1510 The bottom line is this country is in of Education. Everybody says, well, we And if people don’t believe me who a very difficult situation. I serve as need to have a Department of Edu- may be paying attention to this, and chairman of the Subcommittee on Eu- cation. Why? Education is supposed to I’m talking to my colleagues back in rope and Eurasia. I’m going to be going be conducted at the State and local their offices, talk to your wife or your to Greece in a couple of weeks. Greece level, controlled by the State and local husband when they buy gasoline or go has a socialistic economy. They’re governments. But we have an Edu- to the store. The average inflation rate going down the tubes right now, and cation Department, and what has the right now I would guess is somewhere they’re trying to find some way to bail Education Department contributed to around 13 percent, and that is some- themselves out. They’re raising taxes. our society? The quality of education thing we cannot afford. It’s going to They’re raising taxes on everything, has gone down, down, down, to where kill this economy and kill this country electricity, everything they can. we’re one of the least educated, as far as the country that we’ve known all of They’re cutting the benefits to the peo- as the quality of education is con- our lives, and what we’re passing on to ple that work there because the bene- cerned, least educated countries in the our children is a lower standard of liv- fits have been too high and the govern- western world, in the industrial world. ing than we’ve had, and we cannot af- ment can’t afford them. All of these So the Department of Education really ford that any longer. things, the salaries are being cut. isn’t contributing anything except gob- What we need to do is streamline And what’s happening in Greece is bling up an awful lot of our taxpayers’ government, go back into our entitle- it’s going belly up. And the effect of it dollars. There’s a whole host of agen- ments—Medicare, Medicaid, and Social is on all of the other countries that cies like that that we need to get rid of Security—and figure out better ways, have investments in Greece, the bank- because we don’t have the money to not eliminate them, but better ways to ing, the financial institutions, all of pay for them. solve that problem. This House has them are really in trouble, and they’re And yet the President came up the sent a plan over to the Senate that talking about a potential domino effect other night and he spoke in this Cham- would do that in an efficient and eco- because of the failure of Greece and be- ber, and he said we’re going to have to nomic way and not bankrupt the coun- cause of the socialistic approach that try and solve that problem. spend another $447 billion for a jobs they’ve taken. We need to go through every agency bill. It’s the same old story being writ- Italy’s in trouble, Portugal’s in trou- of government, and if they’re not doing ble, Spain’s in trouble, even France is ten again and again by the administra- their job or if they’re not necessary, tion. That’s what we tried to do with in trouble because they’ve invested a get rid of them, cut them out, reduce lot of money through the financial in- the bailout and the stimulus bill and the size of government, cut govern- these other things. stitutions into Greece. The whole Eu- ment spending. ropean continent’s in trouble because Remember the shovel-ready projects? Then, in addition to that, we ought of the socialistic approach to govern- The President said, well, we didn’t to do like Ronald Reagan did when he ment. have as many shovel-ready projects as came into office and we had double- The thing that’s kept America so we wanted to. As a result, we didn’t see digit inflation; double-digit unemploy- strong all of our lives is free enterprise, anything except more and more unem- ment, and double-digit interest rates. the profit incentive for a businessman ployment. It was actually as bad or worse than it or a person to say, I want to make Throwing money at the problem does is right now. And he came in and he something of myself. And they open a not solve the problem. All it does is said instead of raising taxes, as they gas station or a store and they work cost the taxpayers more money, either said he had to do, because they said their tails off, and they have a chance in taxes or in a hidden tax that they that would bring revenue into the to make their lives better. But when pay when they go to buy food, clothes, Treasury, he said, no, we’re going to government starts taking over every- groceries, or gasoline to get to and cut taxes. thing, it ruins it. That’s what’s hap- from work; and that’s the problem that And the reason he did that was be- pening in many countries in Europe, we have right now. cause if you raise taxes, you take money out of business, you take money especially Greece. The President has a socialistic Euro- So if any of my colleagues are paying pean approach to government. He be- out of people’s pockets, and that’s money they can’t spend. If they don’t attention on the Democrat side of the lieves that government ought to con- aisle or who are Independents or who trol health care. He believes that gov- spend, they can’t buy. If they can’t buy, we don’t produce. And if you don’t are on the Republican side, I hope that ernment ought to control the energy you will realize the number one thing sector. And if we pass what was called produce, more and more people who do the producing are laid off and are going we have to do right now is get this gov- cap-and-trade, which would deal with ernment under control. energy and the emission of CO into the to the unemployment lines. 2 Conversely, if you cut taxes, you give We need to cut regulations so busi- atmosphere, it would raise the cost of business and industry more money to ness isn’t strangled by the regulations electricity and everything else that we invest. You give individuals more that are costing them more and more use dramatically. In fact, he said him- money to spend. They can buy more money that they have to pass on to the self during his campaign, or even be- and invest more, and we produce more consumer or they have to fire people fore that, that cap-and-trade would es- because people can buy it, and that cre- because they can’t afford them. We’ve sentially cause the prices to skyrocket ates jobs. And when we create jobs, we got to cut taxes to stimulate economic for energy, just another thing that the create more taxpayers. And we went growth, and that will bring more American people have to pay for. from $500 billion in tax revenue under money into the Treasury, just like it We don’t have the money in our Reagan to $1.3 trillion—almost triple— did under President Reagan. And we’ve pockets. People’s salaries aren’t going because we cut taxes and stimulated got to make sure that we eliminate un- up. We’ve got a huge number of people economic growth. necessary spending in these agencies of unemployed. We’re paying unemploy- This administration believes in more government like the Department of ment to them on a weekly basis so that government control over our entire Education. Get rid of them because they can survive. They don’t have the economy and our society, and that’s they’re not doing anything except gob- money. the reason we’re in the mess we’re in bling up our money. But the government keeps spending today, because government cannot cre- If we do that, we’re going to turn this and spending and spending, and we can ate something unless it takes some- country around, and we will remain the no longer afford it because it’s going to thing away. We can’t give jobs that the greatest country in the history of man- hit us with higher taxes. That’s what government creates unless we take it kind. If we don’t, if we continue down he talked about right here last week: from you, the taxpayer, and that the road that this administration is more taxes that we don’t have, more means either raise taxes or spend taking us down, moving us towards so- spending that we can’t afford, which money we don’t have and print it, and cialism, toward government control leads to more inflation that people are that creates inflation, which is a hid- over health care, energy, everything, feeling right now. den tax on everybody in this country. then we’ll see the quality of life that

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.053 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6129 we’ve enjoyed go right down the tubes. packed as people witnessed the very ideas that will enable us to, in a way, It’s up to the American people, and it’s passionate speech from the leader of mimic the success stories of the space up to us in Congress to take the bull by the free world. race—a global race that found fewer the horns and deal with this. As President Obama laid forth his vi- partners but found the United States of So I say to my colleagues, please, pay sion, his plan, his initiatives, his goals America being victorious. attention to what I’ve said tonight. for the American people, the House of That all began, I believe, with a set- You may not agree with everything, Representatives and Members of the back. Sometimes failure is a misunder- but if you’ll study the things that I’ve got to hear first- stood gift. In this case, through the studied and look at what’s going on in hand what that effort is all about. Peo- Sputnik moment, America, in its de- Europe, you’ll understand very clearly ple listened with intent to move for- feat, had to stand up and dust off its that what I’ve said has merit, and we ward with that blueprint for our fu- backside and commit with passion, as need to do it. ture, a blueprint that would strengthen experienced with the words of John F. With that, Mr. Speaker, I yield back our economy and have an impact Kennedy, who said we’re going to do the balance of my time. across the world. this effort of investing in the space f We have this opportunity now to race not because it’s easy but because work in a multipartisan way in a bi- it’s hard; and that attitude, that tone, JOBS cameral response to what the President that passion, that commitment, that The SPEAKER pro tempore. Under has highlighted to be his plan for jobs resolve produced a winning moment, a the Speaker’s announced policy of Jan- here in America. winning moment when we were the uary 5, 2011, the gentleman from New I was happy to note that amongst his first to achieve the daunting task of York (Mr. TONKO) is recognized for 60 arguments, amongst his priorities hap- landing a person first on the Moon. minutes as the designee of the minor- pens to be the creation of an innova- As a Nation, we took great pride in ity leader. tion economy, a response perhaps to an that event that happened some 40-plus Mr. TONKO. Thank you, Mr. Speak- innovation economy that finds us as an years ago. It was more than the magic er. ‘‘idea-ist’’ society investing in those moment of landing a person on the It’s an important topic these days ideas, investing in ideas that get Moon and the infamous quote that when we refer to jobs—jobs in America, moved along perhaps to a prototype talked about the giant leap for man- jobs that we retain, jobs that we cre- that moves along to a manufacturing kind. It was the unleashing of tech- ate. sector. nology and untold aspects of our world, The overwhelming issue right now in of our society, where technology b 1520 the minds and hearts of constituents reached communications and energy across this country, I firmly believe, is I, before entering the Halls of Con- generation and education and health about the dignity of work, jobs that gress, before being elected to the House care, to name a few segments of activ- need to be strengthened out there in of Representatives, served as president ity out there. number so as to provide for the oppor- and CEO of NYSERDA, the New York That was a profound statement made tunity for people to dream the Amer- State Energy Research and Develop- by America and her brain power, Amer- ican Dream, the American Dream of ment Authority. It is nationally recog- ica and her will—her will to invest in home ownership, of education for their nized for its cutting-edge work being her people and in a mission that children, of higher education pursuits, done in the science and tech aspects of brought us together as a Nation, where so as to unleash the skills and the tal- high tech. By the way, in the district everyone joined in the efforts to fine- ents and the passions of the next gen- that I represent, the 21st Congressional tune the best way by which to pursue erations of workers. District in New York State, much that mission. What happened really Training, retraining programs to en- about the Capital Region and Mohawk raised America. Her leadership poten- able the human infrastructure required Valley and Schoharie Valley of upstate tial, her leadership recognition in the as an investment in the work zone of New York have been dubbed recently global community became profoundly America is an important aspect of the by Brookings Institute to be the hot- enhanced, and it was not just tech- investment that we need to make test territory, the strongest hub, the nology entering these different seg- through policy reforms and policy most active region in the country for ments of our society but of bolstering strengthening and resource advocacy green collar job growth. That’s a feath- all these aspects, the different sectors that we could do here in the Halls of er in our cap; and if someone wants to of our economy, and of course impact- Congress, on the floor of the House of see investment happening, it’s there in ing not just for Americans but for peo- Representatives to enable us to fill the Capital Region of New York. ple worldwide the quality of life that those coffers with the quality invest- It took a partnership with academia we enjoy, the opportunity to strength- ments that need to be made from a and State government and Federal en services, to be able to bring us to- human infrastructure perspective to a Government, yes; but it also was a gether in almost a village capacity as a capital infrastructure, and certainly to partnership with the private sector, world simply because of technology. a physical infrastructure as we go for- where great investments were made by Today, I would remind my colleagues ward and allow this country to utilize the private sector in this high-tech in the House of Representatives and its intellectual capacity, to use the agenda—in the science and tech agen- our partners down the Hall in the brainpower of these United States to da, nanoscience, semiconductor, ad- United States Senate that we have enable us to compete and compete ef- vanced battery manufacturing. Now, that same moment, that same chal- fectively in a way that acknowledges that is somewhat clustering in its con- lenge, that same need to resolve with that the jobs market, the jobs created, cept to draw more and more start-ups passion again, to go forward—to go for- the jobs retained through advocacy and entrepreneurial efforts and work- ward with a mission that allows us to here in Washington can speak to the ers who are clustering in this way, with invest in a clean-energy society, in a ultimate highest priority that people academia getting invested in the re- clean-energy economy into an innova- have established for all of us who are search aspects. tion agenda. Think of it. We have so serving, regardless of political persua- I mention that because the innova- many opportunities here. We have com- sion or philosophical mindsets. tion economy is something that re- mitted so many times over to public As we serve this Nation, we can best ceived high focus and an inordinate and private aspects of research and de- provide for an outcome of jobs that are amount of attention in velopment, of investment of research created in our society. There is no made by the President. He understands that leads to ideas or ideas that are stronger need. There should be no and he has professed—and I agree with built by that research to a greater ca- stronger commitment. The President his assessment—that whoever wins this pacity and then shared in a way that showcased that when he was hosted global race on innovation will emerge builds and develops the prototype that here in the House of Representatives the exporter—the kingpin, if you will— then creates the manufacturing aspect. with a joint session of Congress. And of the global economy, the exporter of We’ve seen it with the chips manu- the room was filled. The gallery was energy intellect and innovation and facturing in my district. Perhaps the

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.054 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6130 CONGRESSIONAL RECORD — HOUSE September 13, 2011 largest such construction of a chips Republicans with Democrats, Senators our solution for our energy crisis. We manufacturing facility in all of Amer- with House of Representatives mem- simply cannot. We cannot. We need to ica is taking hold in the region, in the bership. That’s what we can accom- make certain that we commit to an in- area that I call home. That is enabling plish here if we set our hearts and our novation cycle that enables us to us to think beyond usual terms. We’re minds and our souls to an agenda that dream outside the ordinary, to think thinking of chips applied to agri- is in keeping with the tradition, the beyond the barrel, think outside the culture, chips applied to health care, deeply rooted and powerful tradition of barrel in the case of energy reform. chips applied to the education world. job creation in our society. And those formats, those trans- That is a marvel in and of itself, and Think of it. Throughout our years, formations need to again encourage the it’s enabling the best minds to cluster whether it was President Lincoln in investment in higher education, in edu- in an area like that which I represent, the development of rail or Governor cation, because we need, as early as the which is the 21st Congressional District DeWitt Clinton in New York with the pre-K setting, to encourage the devel- in upstate New York in the Capital Re- development of an Erie Canal, or Presi- opment of our students, especially with gion. dent Eisenhower in the development of the shortfall of engineers that we are That’s the investment that I believe an interstate system, or President Roo- producing in our society, and sci- America not only requires but that sevelt and the Corps that went entists. Americans are demanding of their lead- throughout this great country of ours Education in itself has the need for ers, leaders that occupy these seats State by State and built the infrastruc- many reforms, but one of the areas of here in Washington in the Halls of Con- ture that really was a need for this targeted concentration needs to be the gress. That’s what they’re asking for— country at a time when we were hurt- increased numbers of individuals, espe- that sort of investment, that sort of ing from a grossly high unemployment cially in atypical formats with young magical quality that we have seen statistic. women and students of color who need throughout her history. That’s America at her best, at her to be encouraged to pursue along the It’s replete with sagas of success that brightest. It’s her shining moment. The pathways of engineering and science. began oftentimes with hyphenated President is imploring all of us, as So we begin that investment but then Americans in their first generation of Members, as leadership in the Houses, we go forward with that cultivation of connection to these soils investing in a to allow for America to have her next ideas that begins with the investment way with this brightness of ideas com- shining moment. Challenges in dif- of the intellect of America, and what I ing from blue-collar workers, who en- ficult times can produce the most deep, witnessed were wonderful opportuni- abled us to take a region like that profound, uninhibited, unrestricted be- ties. We had witnessed all sorts of im- which I represent and allow it to in- havior, and we have that opportunity. provements to renewables, that was spire a westward movement and an in- We have that opportunity here to re- part of the NYSERDA agenda. We saw all sorts of opportunities like dustrial revolution because, in the spond with this innovation economy. It kinetic hydropower where we would ac- heartlands of the 21st Congressional takes investment. tually be able to do turbine-type set- District, we were the hosts to an Erie As I indicated, when I served as presi- tings in an ordinary wind turbine ac- Canal/barge canal history. dent and CEO of NYSERDA, and before What that pathway, that waterway as energy chair for some 15 years in the tivity, but beneath the turbulence of pronounced with its own presence is New York State Assembly with the water, to use the turbulence of water the opportunity to build a Port of New New York State legislature, it took an to crank out the energy supplies that York that then gave birth to a neck- appropriate policy and then an invest- we required. In a State like New York lace of communities, dubbed ‘‘mill ment that would enable us to respond it holds vast potential. It holds tre- towns,’’ that became these epicenters in nontraditional terms, to be able to mendous potential. The R&D commitment was there, the of invention and innovation. It was go forward with the kinds of intellec- refinements came through the Depart- perhaps the first high-tech revolution tual response to deeply rooted con- ment of Energy lab where they re- taking hold in the 21st Congressional cerns. viewed the product, saw where some of District of New York. It was there that Think about it. We dismantled a mo- the weaknesses might be, engineered all sorts of product lines were con- nopoly situation for utility purposes, the assembly, the design of the turbine ceived and then further developed and electric utility purposes, and chose itself and the assembly of that turbine, then realized in the marketplace through an administrative order with designed it, redesigned it, and now we around the world, and these product then-Governor Pataki to go forward grow more and more committed to the lines inspired continued progress. with a competitive quality in our util- That’s the sort of ilk that is Amer- ity outreaches in New York State, a opportunity for some of this use of tur- ican and uniquely American. That is system designed for a monopoly setting bulence of water to respond to our en- the sort of investment that enabled us that has to be adjusted to not only ergy needs. That’s just one small sampling in one to produce these tremendously power- wheel electrons from region to region agency and one State of how we can ful chapters in our Nation’s history, within our State, but from State to grow the opportunities. Investing in and it should be the inspiration. State, from State to New York State, These moments should be the inspi- and then from country to New York battery manufacturing that enables us ration for us to do the correct thing State. to respond to that linchpin that is our today: for us to understand that we do So that took improvement that need- connector to investment into the fu- not cut our way to prosperity, that we ed to be made in policy and in resource ture that enables us to, again, draw do not cut our way to opportunity, but advocacy. I saw from my positioning in this energy independence agenda to- that certainly we can invest our way to NYSERDA the benefits that came gether in a way that not only grows opportunity and invest our way to a when we invested in research and de- our economy and protects our con- new economy, a stronger outcome, an velopment. Now, granted, all the sto- sumers and strengthens American job investment in our working families, an ries, all the situations, all the sce- opportunities, but really creates a cut- opportunity for people to truly dream narios within the research and develop- ting-edge sort of job opportunity the American Dream. That’s how we ment opportunities are not necessarily where, for the first time, these jobs ap- will survive. That’s how we will meet success stories. But without the dive pear on the radar so that we can begin the test in the present moment. into that opportunity, we will never to provide hope to individuals who may The President has challenged Con- feel the splash of success. have that genius within them and will gress—and rightfully so. This is not a So many of those situations become pursue that as a career path. But it be- time for political gamesmanship. This a winning outcome. And when we have gins with individual voices, individual is not a time for simple negative re- such an outcome, we are able to move voices in the House speaking to those sponse or rejection of a political kind. forward and allow for us to even dream issues of jobs and creation of jobs and of the notion of enhancing our energy investing in an innovation economy, b 1530 independence. investing in workers. This is about working as a team, ex- We cannot remain so gluttonously Certainly no one has been stronger in ecutive branch with legislative branch, dependent upon fossil-based fuels to be that attempt than my colleague, my

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.056 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6131 friend from Kentucky’s Third District. did a different kind of analysis this important for us to keep up the invest- Representative JOHN YARMUTH has year and found cracks in the support ments. been a champion on the floor. He has system and had to shut the bridge As we saw this year, some 500-year been a champion at home speaking to down. records broken with hurricanes from the need for jobs in America, Make It What has this done? I–64, which be- the ravages of the waters of Irene and in America, which is a mantra which gins in Virginia and runs through Lex- floods from the Tropical Storm Lee, he and I and our colleagues in the ington, Kentucky, and Louisville and wiped out infrastructure galore. And so Democratic Caucus have adopted. on to St. Louis, it’s a major, major now there is a need, a demand to have Representative YARMUTH, it is great east-west artery of this country, and these bits of infrastructure restored to have you join us for this hour. Wel- for this country’s both civilian and and rebuilt; otherwise the economy come, and I know you have been such a commercial traffic. About 90,000 vehi- suffers. strong voice for jobs not only for Ken- cles every day go across this bridge. I saw what rail meant to jobs in my tucky but for Americans coast-to- Most of them in the morning come into district through the course of time. I coast. Louisville; most of them in the after- saw what the canal meant not only for Mr. YARMUTH. I thank my friend noon go out of Louisville into Indiana. jobs in my district, but in the western from New York. Right now, all of that traffic is being movement, the industrial revolution. It’s a great pleasure to talk about diverted onto I–65. We have a great, So infrastructure is important. I the subject that’s on every American’s centrally located community in Louis- dwelled on innovation to economy, but mind, and that is, how do we rebuild ville. Three interstates converge you are so right to bring up the need America, how do we put Americans there—I–71, I–65 and I–64—and they all for infrastructure and those improve- back to work, and how do we recreate converge in a pretty similar spot ex- ments. I thank you, Representative the kind of America that we all once cept now all that traffic that can no YARMUTH, for your thoughts and hang admired and will admire again? longer go on I–64 across the Sherman- with us because this is an order where You’ve talked about a very incred- Minton has to go across the I–65 bridge. we want to talk about job creation. ibly important element of the job cre- That bridge is already taxed to its ex- We are joined by yet another out- ation agenda, and that is research and treme. It is operating at 25 percent spoken voice from Maryland’s Third development. It’s clear that the jobs more than it was envisioned to hold. Congressional District. Representative that we look forward to in the next Now 90,000 more vehicles are going to JOHN SARBANES is an outspoken advo- generation, and the generation after be coming across that bridge every cate for job creation in our society. He that, are jobs that probably don’t exist day. knows from the Maryland experience today. We’re going to find them. We’re So we don’t know yet what’s going to that we need jobs. By the New York ex- going to discover them. And if we don’t transpire with that Sherman-Minton perience, by which I measure it all, we do it, they will be invented somewhere bridge, whether it can be repaired, need jobs. Representative SARBANES, else, and that’s why the initiatives whether it is going to have to be con- thank you for being a leader in the that you have been talking about in demned and rebuilt; but we do know if House and advocating for not only the energy field are so critical. we had been making the kinds of in- Make It in America but job creation of But I would like to talk today about vestments in keeping our infrastruc- all types. a job opportunity that exists right ture current and modern and in mak- I yield to the gentleman. now. The President referenced this in ing those investments over time, we Mr. SARBANES. I want to thank the his speech last Thursday night, and I would have had many, many thousands gentleman for assembling us here thought he was incredibly powerful and more people at work, and we probably today to talk about this critical issue articulate in doing that. Because what would have avoided this situation. of jobs. If you talk to the average he did was connect the dots. And when So now this is both a very serious American, the issue that they put at he talks about infrastructure and jobs, commercial and personal inconven- the top of the list and, frankly, it is that’s something that most Americans ience, and I don’t want to go quite so the issue they have had at the top of can understand. far as saying it’s a disaster, but it is a their list for months now is the issue of When we built the interstate high- very serious problem in my commu- jobs and creating jobs to get the econ- way system, that created an awful lot nity. But it also could be something omy moving again. of jobs, and it also established an infra- where we put many Americans back to You were just talking about the in- structure that has enhanced our com- work as we either fix it or replace it. frastructure issue. It would be one mercial activity throughout this coun- Again, we are at a time now where thing if our infrastructure was in ter- try for more than a half a century. And we have example after example, thou- rific shape, if we were sort of 100 per- now today we have a gap in that inter- sands of these around the country. We cent repaired right now and everything state highway system, and it happens are at a juncture where we can borrow was new and shiny, and then we had to be in my community. money to do this at historically low this economic crisis and we were look- Just last Friday, the bridge called levels, and we can put tens of thou- ing around for ways to create good jobs the Sherman Minton Bridge which sands of Americans back to work. to get ourselves back on our feet and spans the Ohio River between Louis- So as a theory as espoused in the there wasn’t these infrastructure ville, Kentucky, and New Albany, Indi- President’s speech Thursday night has projects out there to provide those ana, was shut down because of struc- become the reality in my community, jobs. But that’s not the case. tural deficiencies. So when the Presi- it can become a reality of rebuilding As you point out, as Congressman dent speaks of infrastructure deteriora- America for all of us. YARMUTH just pointed out, you can tion throughout the country and the Mr. TONKO. Representative YAR- look out your window and you can see thousands and thousands of bridges MUTH, let me add to your reality with evidence of the crumbling infrastruc- that need to be repaired, he didn’t my reality, one scenario being a couple ture across the country. So do we call know at that time, the next day, one of decades old now. In 1987, a bridge that fortuitous? I don’t know how you would become more than an abstract collapsed along the New York State would view it, but at a time when we theory; it would become a reality. Thruway system because of flooding. It are trying to create jobs in this coun- came across a creek that you could try, the fact that our infrastructure b 1540 walk across some years during the needs to be rebuilt is a tremendous op- We saw this, unfortunately, in Min- month of August. It had the CFS, the portunity for the country. nesota. We hopefully have averted a flow, equal to Niagara Falls with the I commend the President because in similar disaster in my community. But flooding, and it wiped out a bridge. And his address the other night, he put re- in the meantime, this bridge which was I believe just about all of the tragedies, building the infrastructure front and built 50 years ago which was examined all of the loss of life, which was some 10 center, not again just because it is a just 2 years ago and judged to be struc- or 11 people, were not from the area. So job-creation effort, although that is turally fine, because of advances in we are all at risk with these defi- the number one premium that I think analysis of certain steel products, they ciencies to which you alluded. So it is people are focused on, but because it

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.059 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6132 CONGRESSIONAL RECORD — HOUSE September 13, 2011 has to be done. The amount of produc- we invest in training, retraining, and struction workers, men and women tivity this country is losing because of apprenticeship programs in pre-K that could build that water system for the waste and inefficiency of having through 12, in graduate school, in those communities. They’re out of this crumbling infrastructure is mind undergrad campuses and research cen- work. Two million are out of work. boggling. So at the same time you are ters. I witnessed the inspiration that a The President came here last week rebuilding a country and creating jobs cleanroom science course provided for and said Americans want to go back to that way, you are also strengthening a young man 30, 35 years old, unem- work, they want a job, and he put for- the country so that going forward we ployed ready to leave our area. When ward to this body—to the Senate, the can be more efficient and we can be he saw the cleanroom science at the House—a proposal, the American Jobs more productive. local community college, which was an Act. The American Jobs Act, putting But I want to extend this notion of investment from the Federal Govern- Americans back to work. rebuilding the country beyond just the ment, he did a U-turn in his stated You want to deal with the deficit? physical infrastructure, because I plans. Take tax-takers, people that are unem- think it also applies to the idea of b 1550 ployed, and make them taxpayers. We strengthening our country in terms of can do this and simultaneously solve human capital. We know we have to in- This was something that was excit- the long-term deficit problem of this ing. This was something that spoke to vest in human capital. I think some of Nation by growing the American econ- his heart and soul. This was something us are embarrassed when we look at omy once again with, as you were say- he wanted to engage in. And that’s the these comparisons with other countries ing so well, Mr. SARBANES, infrastruc- opportunity that we can give people around the world in terms of how our ture projects. here. You were talking about east coast- students do in terms of math or The story line of America is basic. As west coast, Mr. TONKO. Twenty-seven science, or other important subject you say, give me that American hundred miles of American roads al- areas where the United States really Dream. Let me unleash my skills, my most unfit for travel. This is the kind should be at the forefront, we should be talents. Let me raise a family, build a of project that the President wants: $50 on the cutting edge so we can be com- home, and dream that American million to rebuild the American trans- petitive, but we’re not there. Dream. We owe it to America. So what do you do about that? Well, And people have placed their faith in portation system so we can travel. you rebuild the country in terms of in- this jobs agenda. I can’t tell you how Mr. TONKO. That measurement, I’m vesting in human infrastructure, in many times that I know we’ve talked. assuming, was made before some of the human capital and making the next We’ve heard it from our colleagues. ravages of floods in portions of our generation as competitive and skilled People believe in that Make It In country or the tragedies in Texas with as it can possibly be. America opportunity. They believe in the many fires. As the President pro- Yesterday, I was in Baltimore. We tethering that dream, that American poses this infrastructure improvement, were celebrating Adult Education and Dream, so that households, middle there are those who are hurting right Literacy Week. There are 90 million class—let’s rebuild that middle class. now who have been severely impacted people, according to the research, there Let’s take those values of the middle by the ravages of the waters of Hurri- are 90 million Americans who would class and make it happen. cane Irene that went so far northeast benefit from literacy, and in particular We’re happy you joined us. Another and inland that they broke centuries adult education opportunities. When partner of ours, a colleague who has led worth of recordkeeping. you are in an economy where things us oftentimes during Special Order on Mr. GARAMENDI. Mr. TONKO, you are moving fast, where some opportuni- making it in America, on jobs, none and I were right here in the back of ties disappear and other ones appear, other than California’s 10th District this House Chamber earlier today and you need to be able to go back to our Representative, JOHN GARAMENDI. you were sharing with me the stories. community college system and other Representative GARAMENDI, we often The reality in your district is these are resources to get your skills ready to talk about the east coast-west coast. your constituents who have been meet the new challenge. We ought to The message is unique. It’s common- harmed. And we had our colleague, be investing in that. place across this country. Thank you PETER WELCH from Vermont, who was I commend the President because again for your leadership on the floor also talking about the extraordinary when he came here the other night, not on job creation. damage done to the infrastructure in only did he talk about strengthening Mr. GARAMENDI. Mr. TONKO and Vermont. As we rebuild those commu- the physical infrastructure of the coun- Mr. SARBANES, thank you for being nities as part of this American Jobs try, but he talked about the impor- here. I’m delighted to be able to join Act, people go to work in those com- tance of investing in the human capital you today talking about infrastruc- munities and are able to once again of this Nation, and I think every single ture. stand on their own. American out there understands the Earlier today, just a couple of hours Share with us some of the things that imperative of rebuilding America. That ago, my office had representatives you’ve seen from your own district and can be our mantra. And when you re- from the City of Davis, near Sac- the needs for infrastructure replace- build America, you restore the Amer- ramento, and another community, ment in your communities. ican Dream. Woodland, both of them in Yolo Coun- Mr. TONKO. Well, it’s amazing be- The greatest frustration that people ty. They’re talking about an infra- cause there are situations—I’ll first go are feeling these days is they say, I structure project. The water systems to Representative WELCH’s district in worked hard, I played by the rules, but in those communities have, for 150 Vermont—where Route 4 has been I’m not getting the opportunities to years, depended on groundwater, but wiped out. It’s just about removed from move ahead; and when you rebuild this the groundwater is going bad. They the map. country, you restore that American need to develop a new water system— What was just a couple of miles Dream. You get us back to where we about $300 million, $400 million. They worth of activity for some people to need to be as a Nation, and that’s what cannot continue with the present sys- travel to work now becomes this tre- the American Jobs Act is intended to tem. They need help. But they also, in mendous circuitous route that may do. I think that’s the agenda that the doing that, are going to be able to em- even take you down into Massachu- Democratic Party here in Congress is ploy a vast number of people and put in setts and back into eastern Vermont to putting forward with the President. I place the infrastructure those commu- get to the locations. It has made life am glad to support that. So I thank nities need. We’re talking about the nearly impossible. I have seen numbers you for pulling us together today to University of California, Davis campus, of bridges wiped out in upstate New focus on this very, very important with about 27,000 students at that cam- York, a tremendous amount of bridges, issue of job creation. pus, bad water. They need to rebuild locks that have been compromised in Mr. TONKO. Representative SAR- their water system. the area that I represent. BANES, I couldn’t agree with you more. Right now, across America we’re I talked about hosting the Erie Canal I have witnessed what happens when looking at more than 2 million con- barge canal activity. The locks that

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.060 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6133 came in the second phase of that canal educated to run this automation aspect Mr. GARAMENDI. They could start development are now tremendously within his assembly process, and so it tomorrow if Congress acts today to devastated by the powerful force of becomes very important that this pass the American Jobs Act. Because water, homes that have been knocked human infrastructure is critical. the resources—that is, the money— out, but the infrastructure and land- I’m reminded all the time about a would be there tomorrow. The day the slides of roads that are disappearing centuries-old saga and decades-old sto- President signs this bill, those men and and different opportunities now that ries of what we used to manufacture in women could go to work rebuilding are really demanding of an investment America. After doing it someplace else, those schools. like this in order for us to go forward. the daunting challenge to America, to There is one other thing that’s in the As Representative SARBANES made a sophisticated society, is build the President’s bill that I am really ex- mention, this is a part of the equation products not yet on the radar screen. cited about because we’ve been talking for success for jobs—not just jobs in And that takes intellect. That takes about this forever and a day around the immediate zone to improve and re- genius that’s cultivated in our schools here, and that is, Make it in America. pair and construct some of this infra- and in our colleges and our universities There is a buy-America provision in structure, but jobs in general. It is part and research centers, and then we cre- this legislation. So when they go out of the equation of success. You have ate that product line that is brand new. and buy the paint, redo the heating and got to move that product line. You But that’s a sophisticated society re- air conditioning system, those are have got to deal with the freight sponding to a manufacturing challenge. going to be American-made paint, issues. And it begins with the human intellect; American-made air conditioners and So it is incumbent upon us to re- it begins with human infrastructure. heaters. That’s the kind of thing we spond. If politics gets in the way here, Representative SARBANES, you’re so can do. We can use the American tax- it is grossly regrettable. It’s unaccept- on target with that investment of cap- payer money to rebuild the American able to hold back this Nation simply ital infrastructure, physical infrastruc- manufacturing industry, just as you because you choose to do a knee-jerk ture, and, indeed, human infrastruc- said. We can do it. It’s billions of dol- political response to a plan outlined by ture, so thank you for bringing that lars of American money in transpor- a President who has shown a vision into the discussion. tation, bridges, roads, buses, and trains here that is laser sharp about what b 1600 used for American-made equipment, needs to be done. making it once again in America. This Mr. GARAMENDI. You’re absolutely Mr. SARBANES. Will the gentleman is exciting. This is really rebuilding correct. The President’s American Jobs yield? the manufacturing base. Act, which I’m embracing and I believe Mr. TONKO. I yield to the gentleman Mr. TONKO. To Representative SAR- the Democratic Party has embraced, is from Maryland. BANES’ point, every year that’s wasted, one that is focused like a laser on the Mr. SARBANES. I just want to echo that is allowed to pass by, youngsters immediate challenge that America this idea of investing in manufacturing in the third, fourth, fifth grade, what- has—and that is: Employ Americans. in this country. ever, will never have the experience Put Americans back to work. The economists will tell you that a they ought to. So we’re letting down Another thing that’s in the bill—this manufacturing job has a greater multi- the workers of tomorrow by this delay, is about schools. Forty-four percent of plier effect on the economy than any by this resistance, this recalcitrance of the principals across this Nation and other kind of job that you can produce. a political order that is unacceptable. all the schools across the Nation have So when you’re investing in manufac- I will just make the point that Wynn reported that their school in one way turing, when you’re creating manufac- Kintz, who is the owner of the facility or another is not satisfactory for stu- turing jobs, when you’re making it pos- that I toured in Schoharie County, said dents: the bathrooms are not working, sible for Americans to make things in that he reaches the community col- the playgrounds are falling apart, the America, you’re having the maximum leges routinely because he needs that roofs are leaking. impact possible on the broader econ- upgraded skill set. There are manufac- We need to make American schools omy. So it makes sense to do this. turing jobs across this country for physically strong and pleasant for the Congressman GARAMENDI referred to which they need skilled labor, and if we students to be in. So this is a major the repair and investment in our public walk away from that investment in piece of it. This also is improving the schools across the country that the human infrastructure, we’ve denied science laboratories. And the President President wants to do. Thirty-five progress for this country. has lined out about, I think, $30 billion thousand public schools would benefit We’ve been joined by an outspoken to rebuild the American schools. It’s that have projects waiting to move for- advocate for jobs—I mean a very loud not just the schools that are going to ward. In other words, think about this; voice because we’ve heard the volume benefit from that and the children that this is not a situation where you decide cranked up—as the chair of our Demo- are in those classrooms and on the first that you’re going to go out and cratic Caucus and the Representative playgrounds, but it’s the Americans build infrastructure, and then you’ve of Connecticut’s First Congressional that need jobs, and they’ll get those got to go first do the design and the District, and that is none other than jobs rehabbing and rebuilding the plans and everything else. Representative JOHN LARSON. schools. I worked in Maryland for 8 years Representative LARSON, thank you Mr. TONKO. Earlier, Representative with the Baltimore City public school for joining us in this Special Order. SARBANES talked, Representative system, which at that time needed Mr. LARSON of Connecticut. I am GARAMENDI, about human infrastruc- about $1.5 billion worth of repairs just honored to join the gentleman from ture. It begins with sound schools that to get back to sort of what would be an New York, the gentleman from Cali- are not crumbling over the students’ acceptable standard in terms of the fornia, and the gentleman from Mary- heads but also an investment in edu- physical plan of the Baltimore city land. cation. Just recently, during our Au- school system. They know what they Martin Luther King once described gust district work period, I did a tour, have to do. Those plans are complete, the need to act as the ‘‘fierce urgency a number of tours in my district with all the design specs are done, all they of now.’’ Nothing is more important to manufacturing. But one story pops into need is the resources to make it hap- the American people, nothing is more mind where a manufacturer in pen. They can start on those projects important to anyone listening to this Schoharie County, a very rural county tomorrow. Are there workers out there broadcast than seeing this country go in my district, has utilized the efforts to do it? You bet. There are millions of back to work. of its CAT Center—the Center for Ad- unemployed construction workers out Representative GARAMENDI talked vanced Technology—to come up with there and others who are ready to step very eloquently about Make It in an idea that created automation so up and fill that void. So this is some- America. People want to see jobs cre- that he can remain competitive in the thing you can do right away. That’s ated in this country and want to see global sweepstakes. But he needs peo- the beauty of it. That’s the beauty of Americans back to work because we all ple who are specifically trained and what has been presented to us. know that when we put America back

VerDate Mar 15 2010 02:59 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.063 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6134 CONGRESSIONAL RECORD — HOUSE September 13, 2011 to work by making things here in meant to our manufacturing base that Government taking those taxpayer dol- America, that it provides the oppor- Mr. GARAMENDI has talked about time lars and saying, we’re going to turn tunity for every American to succeed. and again on this floor. That’s what we and help our fellow citizens in need, The President has called upon Con- have to do—reinvest in Americans. And and we’re going to do it quickly, and gress to act. He did so in a speech last in doing so, as Dr. Stiglitz, the pre- we’re going to do it in a way that not week. We need to respond now. He did eminent economist in this country, has only helps them, but is also good for so in bipartisan fashion, citing bills indicated, we can both reduce our def- the broader economy and will put peo- that have come from both sides of the icit by more than 25 percent and put ple back to work. aisle. Congress as an institution should America to work. What we need is ac- Let me just finish with this last be about the vitality of ideas that you tion from this Congress, from this thought. I hope people watch this dis- heard expressed here this evening but House of Representatives. cussion, and I hope people keep track then turned into a plan of action that b 1610 of who’s going to be supportive of the sees us lowering our unemployment American Jobs Act and who’s not be- Bring the President’s bill to the rate. cause there are going to be people in floor. If you won’t bring the Presi- It is simply unacceptable that Con- this Chamber who vote against it and dent’s bill to the floor, then engage the gress would dawdle while 14 million drag their feet. And the reason I want select committee that has a very spe- Americans are unemployed and a sum people to pay attention is because peo- cific timeframe with deadlines and total of 25 million Americans are un- ple are getting cynical out there. And I dates and no cloture votes in the Sen- deremployed. The time schedule that hope that it will cure some of their ate, no poison pill amendments in the Congress has here should be expanded cynicism to see that there are folks, House, an up-or-down vote on jobs. so that we’re working every day to see yes, here in Washington who are abso- That’s what the American people are that Americans are put back to work. lutely determined to try to come to the demanding. That’s what you gentleman Fourteen million Americans are crying assistance of people that are looking out for the President’s proposal to be have so eloquently put forward here. Mr. TONKO. Chairman LARSON, we for good job opportunities out there. enacted, to see this body take action. have precious few minutes left. I’ll So pay attention because there are They are tired of the endless bickering make a few comments and then yield people here who want to do the right between both sides and want to see ac- to my gentlemen colleagues as we close thing, and hopefully that’ll stop you tion taking place in this body. My col- this Special Order hour. from becoming so cynical. leagues have outlined very specific pro- To me, you’ve identified it well. This Mr. TONKO. Thank you very much. posals that will achieve those goals. country has had, throughout its his- To Chairman LARSON and then Rep- We’ve just witnessed one of our col- tory, its shining moments. This is our resentative GARAMENDI to close. leagues who spoke so eloquently—and opportunity to invest in America’s I yield to Chairman LARSON. I’m referring to Mr. TONKO from New next shining moment. It will take com- Mr. LARSON of Connecticut. Thank York State—about what has happened mitment by the legislators here on the you again, PAUL, for organizing this to his community, his district, the Hill in Washington, and encouraging Special Order. And I think JOHN SAR- very character of which was changed and inspiring and building a tone that BANES said it well. The gentleman from because of a calamity, more than a 500- brings us together to think as one as a Maryland spoke eloquently about the year level storm that ravaged the Nation, generation to generation to need for us to act and the need for us States of Connecticut, New York, and generation, region of the country to re- to act now. Vermont and left people not only des- gion of the country, political persua- It has been a storm. It has been a titute in terms of their very homes and sion to opposite political persuasion, hurricane for the 14 million people that their livelihood, but again, seeking philosophy of difference to the philos- are unemployed, and for their families; what is fundamental to this country, a ophy of another kind, moving together, and all Americans are asking is the certain sense of fairness and shared coming together, understanding this is simple dignity that comes from being sacrifice and commitment to helping our defining moment. It’s our moment able to look across the table at your out fellow Americans. What better way to create our next shining example of spouse and your family and let them than rebuilding our country and start- America at her best. know that they are safe and secure be- ing with those communities that have Representative SARBANES, thank you cause you have a job and you are pro- been ravaged. The youth that could be for joining us. viding for them. employed immediately in our urban Mr. SARBANES. Thank you again, Mr. TONKO. I yield to Representa- and rural areas. The rebuilding, as Mr. Congressman TONKO, for pulling us to- tive GARAMENDI to close. GARAMENDI has said, of roads and gether this afternoon. I just want to Mr. GARAMENDI. Mr. TONKO, thank bridges and sewage systems. And fire make a couple of points. you for bringing us together. Yester- departments and public schools with Echoing what Congressman LARSON day, the President delivered to this broadband to light up the desktops of said, if you look at just what happened Chamber a comprehensive American our children and the blackboards and over the last couple of weeks in terms Jobs Act, employment for perhaps 2, white boards, if you will, of our teach- of the disaster that hit the Eastern maybe more than 2, million Americans ers so that we can once again assume Seaboard, and you can look over the immediately available as soon as this our rightful position as the preeminent last few months across this country Congress acts. And it is fully paid for. economic leader in this global econ- and see those sorts of disastrous effects It will not add to the deficit. It is fully omy. happening to people, nobody would paid for through a series of tax in- We had Professor Dr. Joseph Stiglitz question that the Federal Government creases on the superwealthy, and the speak before the caucus today. And he has an important role to play in com- oil companies finally having to give up said it very clearly—that job creation ing to the assistance of people that are our tax money that they’ve enjoyed for equals deficit reduction. We are not in that dire situation. more than a century as a subsidy. talking across the aisle here; we need Whatever your larger philosophy is We can do this. We must do this. We to come together as Americans. about whether government should be must put America back to work. And We witnessed this past weekend what large or small and so forth, everyone in doing so, we will be able to deal with can happen when America decides to be agrees the government should be on the deficit because Americans have unified in common cause, as we did and the side of people that are facing such come, once again, taxpayers, and we as we responded after the events of a desperate situation and should act have created the critical investments September the 11th. We need to re- quickly. So if we accept that propo- in individuals, in education, in infra- spond to the crisis at hand, which is 14 sition, we also ought to think about structure and in small businesses, all million Americans that are unem- the 14 million people, JOHN, that you of whom will benefit from the Amer- ployed, the devastation that it has referred to, who basically are facing an ican Jobs Act. wreaked on our economy, what it’s economic hurricane every single day. It’s our responsibility, it is our op- meant to our housing, what it’s meant And it is the role, the appropriate portunity, it is America’s opportunity to our education system, what it’s role, the necessary role of the Federal to go back to work.

VerDate Mar 15 2010 03:26 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.064 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6135 Mr. TONKO, thank you for bringing us came up with the idea for a tax holiday have been in their Friday check. All of together. as a way to stimulate the economy the money, all of the taxes they paid. Mr. TONKO. It’s been my pleasure back nearly 3 years ago, and as a per- That would have stimulated the and honor to work with you gentlemen. son who, in January of 2009, told the economy, and we wouldn’t have needed With that, Mr. Speaker, I yield back President personally about my idea for the government to say, Hey, let’s bail the balance of my time. a tax holiday. Moody’s rated a tax holi- out GM and let’s bail out Chrysler, be- f day as increasing the GDP. It looks cause if people had had their own money, they could have gone down and HOW IT ALL FITS TOGETHER like more than other stimulus pro- posals. That was back in 2009, before bought a car from the car manufac- The SPEAKER pro tempore (Mr. this President squandered $4.5 trillion turer and dealer that they wanted to GOWDY). Under the Speaker’s an- above and beyond the amount around buy from instead of just throwing nounced policy of January 5, 2011, the $2.2 trillion or so a year that was com- money at the car industry. gentleman from Texas (Mr. GOHMERT) ing in. It’s shocking that we could go I appreciated the GM commercial is recognized for 30 minutes. through that much money. saying, We paid our money back. Un- Mr. GOHMERT. Mr. Speaker, this is fortunately, that was not true. It was a a tough time in our American history. b 1620 misrepresentation. Still money owed. I was a history major at Texas A&M. I Of course we had 2 years, the first 2 Anyway, I guess he would do well in knew I owed the Army 4 years for the years with the same party in power in Washington with that kind of men- scholarship I had. I had been really in- the House and Senate as is in the tality. spired by American history in high White House. And as I found in my first The payroll tax relief provided here school by Sam Parker, my teacher, my term in 2005 and 2006, sometimes when is just a fraction of what I was sug- Scoutmaster. So I know a little bit you have the same party in the White gesting in late 2008, 2009. The Presi- about our history. I know a lot about House and in the House and Senate, if dent, in fact, when I told him the idea world history as well. And it’s impor- the people in Congress are not ade- in January of 2009, said, That’s a great tant to take things in perspective, es- quately restrained and cannot ade- idea. Have you talked to Larry? Talk- pecially speeches here in Washington quately restrain themselves, there ends ing about Larry Summers, who was and take them from the perspective of up being a big spending frenzy. right behind him at the time. I said, I’d how it all fits together. In 2006, again, my second year in love to talk to Larry Summers about Now, we have been in this Chamber, Congress, we spent over $160 billion it. and I was sitting right back there on more than we took in. Democrats Summers reached around and gave the aisle, and we had the President of across the aisle rightfully tore after me a card. The card said, Give me a the United States standing right there. Republicans. How could you spend $160 call. He never took my calls. I waited a I was on a direct line of sight to eye-to- billion more than what we had coming week, and then he didn’t call me. I felt eye with the President, except his eyes into the Treasury? And they were right hurt, you know, like high school days cut right into the teleprompter each to do so. We should not have spent $160 when you’re trying to ask somebody on time he looked my way so I don’t think billion more than we had coming in. a date, and they say, Let me get back we ever made eye contact. But he kept Ironically, President Bush in 2008 had to you. Well, I was snubbed. He didn’t telling us over and over, 16, 17 times, I a bill passed by the Democratic-con- get back to me. Okay. Well, not the didn’t count them, I’ve been told, but trolled House and Senate, a stimulus first time. he said we’ve got to pass this bill right So I relentlessly called, and I was bill that opened the door a bit to these now, right now. This bill, right now. given eventually to some young man stimulus frenzies. And $40 billion of Well, unfortunately, last Thursday, who sounded like his voice was still that $160 billion, as I recall, was going when the President was saying we’ve changing, telling me to leave a mes- to be going to people who didn’t pay got to pass this bill right now, there sage, and I didn’t leave messages. And any income taxes, as a rebate, which was no bill. There was no plan. He ‘‘Larry,’’ as the President referred to caused me to ask the President down talked about his plan. He talked about him, never got back to me. And I un- here on the floor after the State of the his bill. They didn’t have it quite ready derstand he’s not over there now. yesterday until later. And we kept Union, How do you give a rebate to But they called a tax holiday back in harassing the White House, saying we people that didn’t put any ‘bate’ in? those days that got just a few bucks in want to get a copy of the bill. We need Then after that we had TARP. Presi- people’s pocket. Nothing like the stim- a copy of the bill. You’ve said pass the dent George W. Bush is a good man. He ulus would have been if people had been bill now. Do we not get to even have a is smarter than most of the people in able to keep their own money, all of it, copy of the bill before we have to pass this town wanted to give him credit for a couple of months. it, or would it be okay if we could, you for. One of the wittiest people you’ll Now, this wasn’t my motive. My mo- know, see it before we pass it? You ever want to be around. But he made tive was to stimulate. But there was a know, it might be a good idea to file it the mistake of listening to, until now, secondary occurrence that would have at some point if we’re going to pass a the worst Treasury Secretary in the happened had we had a real tax holi- bill. That’s just my thinking. history of the country, Hank Paulson. day, even for 2 or 3 months. It would And so the White House was kind And Paulson said, Look, give me $750 have been that workers across Amer- enough, late yesterday, to e-mail a billion; I can fix things. ica, including union workers, would no- copy of the bill. We got it up on our Well, that was a mistake. Anybody tice, many of them for the first time it Web site at gohmert.house.gov. For that read that bill would understand would really come home, how much others who are intrigued by the prom- that was not a bill that should have money they’re sending to Washington ises that have been made and what it ever passed; and if more people on the every month and how much better actually does, let’s see. It’s called Sav- House floor had read the bill, I am con- their lives would be if they didn’t send ing Obama’s Job. No, I’m sorry. Amer- fident, I know they couldn’t have that much money to Washington every ican Jobs Act is the name of it. brought themselves to vote for it; but month, if they had their own money to It’s interesting to hear somebody they didn’t read it, many didn’t. give to their own charitable causes, talk about their bill and then get it Well, that’s why I spent most of last they had their own money to bail and dig through. I think I finished night going through the President’s themselves out, their own money to about 5 this morning going through all jobs bill. He does have some payroll tax stimulate their own household. Every- 155 pages of the bill. And it’s most in- relief. But compared to the payroll tax body would have been better off. teresting. Some of these things I’m relief I was proposing, we were told it But that’s not the tack the President going to have to talk to people who would be close to—if you just gave peo- chose. He got what was originally tout- have more expertise in particular ple all of their tax money in their ed to be an $800 billion stimulus, and he areas. Some things it’s pretty obvious check, it didn’t need to come back also had about $450 billion of the origi- what they say. from Washington. It would be in the nal TARP that he and Secretary Page 6, he gets right into payroll tax check. If we passed it and the President Geithner were able to find ways to relief. And again, as the person who had signed it on a Thursday, it would squander.

VerDate Mar 15 2010 03:26 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.066 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6136 CONGRESSIONAL RECORD — HOUSE September 13, 2011 We were told if we did not pass the schools, but only if they have a child of revenue is to sell some of our President’s stimulus package back in poverty rate of at least 40 percent. broadband spectrum. Then we also early 2009, he said the unemployment Then we’ve got community college know that there are those in Wash- rate, Mr. Speaker, might go as high as modernization and more green jobs ington who are not happy that the FCC 81⁄2 percent. That 81⁄2 percent sounds within the colleges, Page 23, and you has not been able to have a Fairness pretty good. People remember him say- go on and on. I mean, I went through Doctrine so they can dictate what goes ing, Well, gee, if you’ll pass this, unem- this. It does go on and on. on the air. Well, not to worry because ployment will be around 8 percent at Then we’re told we’re going to invest. people, it seems, are going more and the worst. Wrong. But if you don’t pass This time we really, really mean it. We more to broadband than to radio waves it, it could go as high as 81⁄2 percent. I’d said we really meant it back in Janu- and television waves. We’re getting take that 81⁄2 percent right now and ary of ’09 that we’re going to have in- more and more broadband stuff. So we have everybody that got that money frastructure, and that’s going to bring have the answer to the lack of a Fair- give it back because it was, for the us up. We said it. We didn’t spend it on ness Doctrine that the FCC has wanted most part, wasted. infrastructure. We squandered it on under this administration, but we’ve Now, people back then were told by ACORN and all these different groups, been able to avoid it so far. the President, It’s a stimulus bill. It’s but this time we really, really, really There is nothing about a Fairness all about infrastructure. We’re going to mean it. Let’s see. That looks like it’s Doctrine in here, but fortunately, you have this money go to infrastructure. $2 billion for that program, and on and get to page 75, and you find out we’re Well, there was only a tiny pittance of on. going to establish—I love this name—a It’s interesting. We’ve got all this what may have been more like a tril- Public Safety Broadband Corporation. money we’re going to put toward high- lion dollars that went to infrastruc- On the next page, 76, you find out it ways and whatnot. Now, anyone, Mr. ture. That goes through page 16 with has established a private, nonprofit Speaker, who believed this was all that part. corporation, and you’re going to have going to go straight to infrastructure We get into first responder stabiliza- some members who know how to run a missed the point, because then we get tion, and there is $5 billion for one pro- government operation and create gov- over to page 40, and you get to the real gram, $4 billion for another program, $1 ernment jobs. Of course it killed jobs in jobs. This is where the jobs are really billion for the Attorney General first the private sector, but it’s creating created. It starts on page 40. It’s called responder stabilization fund. Oh, I government jobs. That’s down here. the American Infrastructure Financing guess $4 billion’s for the Attorney Gen- You’ve got the Secretary of Commerce, Authority. If you love Fannie and the Secretary of Homeland Security, eral to carry out the competitive grant Freddie, you’re going to love the Amer- program. the Attorney General—we’re talking ican Infrastructure Financing Author- real job creators here—and others who It keeps being lost on people here ity. will be on that board. So people can that America’s better off if you don’t On page 41, you’ll find out there are feel better about that. If you don’t force people at the point of imprison- seven voting members appointed by the ment, and IRS persecution, to give all President. Well, he’s good at creating think we have enough government con- of this money to Washington and then jobs—look at all the government jobs trol of things, well, this bill, you’re we’ll dole it out as we see fit. The econ- he has added—so that’s who I want going to love it: more government con- omy does better when you let people having appointed. I mean, he has ap- trol, more government corporations. The thing that many missed—and it keep their own money and only bring pointed all these people from univer- jumped out at me as I sat back there just as much as necessary. Don’t try to sities who have never created jobs in and the President spoke—is when he run everybody’s lives. their lives, so they’re perplexed as to said we want to work side by side with But at page 17, we’re going to give all why their programs aren’t working. He of this money to the Attorney Gen- does have the head of GE who’s helping business. For people who have ears and eral’s Office and let them dole it out as him with that jobs program. China is can hear, that means this President they see fit. And we’ve seen that if grateful. China is very grateful to the wants to be your business partner. you’re a friend of the administration, head of GE because he has created lots That scares some folks, and that’s why you’re going to do well. If you’re not, of jobs—they’re just in China and not I think you saw the market go down they’re going to sic on you all of the here. Maybe he’ll get to be on this the next day. People who understand power of the bureaucratic, whether it’s board as well. But it’s another govern- how real jobs in the real world are cre- EPA, all of these administration’s ment program. ated know that the government being tools and you’ll pay a price. We’re find- Let’s see. I want to make sure I get partners with people trying to generate ing that out in Texas. this right. The board of directors’ first jobs is a job killer. We don’t need a Now, you go to the next page, page appointees will be deemed the government to be partners, side by 18. You’ve got elementary and sec- incorporators of AIFA—that’s the side, working with business. The gov- ondary schools. They’re supposed to American Infrastructure Financing Au- ernment, as designed by the Founders get money. But, of course, it’s going to thority—but that will make for some and as we’re supposed to be carrying come through Washington because we good reading. I wouldn’t read it right out, is supposed to be a referee to make know best. And we’re going to dole before going to bed because you might sure people play fair. If the government some money to the States. We’re going not be able to go to sleep. had made sure people were playing fair to dole some to State and local appli- Then we get over to page 56. This instead of dictating every detail of cations as indicated on page 19. talks about the funding of the Amer- their existence, then they would have But you can’t miss this. It’s through- ican Infrastructure Financing Author- noticed that Bernie Madoff was cheat- out the bill. Page 20, here we go again. ity and the administrative fees, which ing people, but the government—our is section 257. Then we get into that it bureaucracy—was too concerned with b 1630 has hereby appropriated AIFA to carry dictating how people live, and they for- We saw it with the Solyndra fiasco in out this act for the cost of direct loans got about their job as referee. California and this administration giv- and loan guarantees except for the lim- I highlighted so much stuff as I went ing away $500 million that can’t be ac- itations under section 253 and for ad- through the night, but I won’t bore you counted for now—just squandered. ministrative costs of $10 billion that with all of this, Mr. Speaker. Let’s see: Well, we’re going to do that some remain available until expended. Then Public Safety Roaming and Priority more. Maybe if we keep throwing you’ve got some other moneys there, Access. The FCC is going to get the re- money at a bad idea it will somehow, but that’s good news because you can port on the efficient use of public safe- someday, in some way get a little bet- spend that for administrative costs. ty spectrum. Oh, extended benefit pro- ter. So page 20 has got us prioritizing Fortunately, in Washington, we don’t visions. There’s good stuff there. green practices kind of like a bankrupt run up much in the way of administra- I’ve been a fan of retraining people Spain has done. tive costs. when there are jobs in one sector and Now, there is money in here, page 21. Now, one thing that some people people have lost jobs in another, and This is nice—money even for private have talked about to raise a little bit there are no jobs with the training

VerDate Mar 15 2010 03:27 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.068 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 13, 2011 CONGRESSIONAL RECORD — HOUSE H6137 they have. That’s a good idea. It’s bet- entation, no matter what you’re ori- pendent producers that produce much ter money than just throwing out un- ented toward sexually, because the or maybe most of the oil and gas in the employment reimbursement if you can Democratic majority would not allow continental U.S., it will drive them out train people to have real jobs. This bill us to define sexual orientation to ex- of business. It will dry up investment. spends billions of dollars. We’ve got the clude illegal activity. We know sexual This is repeal of the oil and gas work- Reemployment NOW Program. That’s a orientation is a protected class now. ing interest exception, the passive ac- new Federal bureaucracy, a new Fed- We are adding in this bill a new pro- tivity, so there are things in here that eral program. We’ve got the State Plan tected class called unemployed. The are going to dry up the independent oil at page 98. We’ve got the Bridge to title, on page 129, ‘‘Prohibition of Dis- company’s ability to function. Work Program at page 99. We’re going crimination in Employment on the And the pay-for—we were told over to retrain people for jobs. We don’t Basis of an Individual’s Status As Un- and over this is all paid for—is on page have jobs that they can fill, but we’re employed.’’ 155. Here it is, get ready: The Budget going to spend a lot of time training It says right here in the findings that Control Act of 2011 is amended by them for jobs that don’t exist. we ‘‘find that denial of employment op- striking $1.5 trillion that the super- Wouldn’t we be better off encour- portunities to individuals because of committee is going to have to find in aging the real job creators, the small their status as unemployed is discrimi- cuts and inserting $1.95 trillion. business folks, to create jobs and then natory and burdens commerce.’’ It goes He’s saying, It’s all paid for. It’s all train them for that? But no. We’re on and explains this in the preceding paid for. And the way it’s all paid for is going to suck more capital out of the pages. the new supercommittee is now ordered financial community and into the gov- So the good news is, if you’re unem- under the President’s bill to find an- ernment so we can retrain people for ployed and you go to apply for a job, other $450 billion to pay for his bill. So jobs that don’t exist. and you’re not hired for that job, see a it’s all paid for, hallelujah, amen. Then we have, on page 106, the Short- lawyer. You may be able to file a claim Now, there are so many more prob- Time Compensation Program. The because you got discriminated against lems I haven’t had a chance to get to, Short-Time Compensation Program because you were unemployed. and there are probably some things means a program in which the partici- Now, some would point out, legiti- that I probably missed even as I went pation of the employers is voluntary mately, that will discourage people through this, but there is such bad and the employer reduces the number from doing interviews of people unem- news for America in here. of hours worked by employees in lieu of ployed, because if they do, they’ve got Union workers, watch out: This may layoffs. Such employees whose work- a claim or may have a claim to make be the end of your jobs. But it’s okay weeks have been reduced by at least 10 against the employer for discrimina- because the unions are growing by get- percent are then eligible for unemploy- tion based on the fact that they were ting more government employees, not ment compensation. If you lose 10 per- unemployed. the hard-working folks in the regular cent of your work time, guess what? I think that this will help trial law- unions. These are the government We’re now opening up a new avenue for yers who are not having enough work, unions. It should say, instead of Amer- unemployment compensation. Ten per- because it can open the door. We heard ican jobs bill, saving the President’s cent reduced is all it takes. from our friends across the aisle in the job bill, but this is a disaster for every Employers—I’ve talked to so many— preceding hour, 14 million people out of other thinking person in America. say, I don’t want to fire anybody. I’m work, that’s 14 million potential new With that, Mr. Speaker, I yield back asking my employees to hang on. We’re clients that could go hire a lawyer and the balance of my time. all reducing what we’re taking in, and file a claim because they didn’t get f we’re going to try to get through this hired even though they were unem- without firing anybody, but everybody ployed. IN MEMORY OF JENNIFER ROSE has had to take a cut. We’ve heard the President demoniz- CERNUTO b 1640 ing billionaires and millionaires. You The SPEAKER pro tempore. Under Well, this will make them eligible for know, why are the Republicans so the Speaker’s announced policy of Jan- unemployment compensation, which strong on trying to bail out their rich uary 5, 2011, the gentleman from North raises their unemployment insurance friends? Carolina (Mr. MCHENRY) is recognized rates they have to pay, which means Well, what we’ve learned here in this for 30 minutes. they are going to have to lay off some- town in recent years is that if the very Mr. MCHENRY. Mr. Speaker, today I body in order to pay the additional un- wealthy don’t mind being called names, rise to pay tribute to an amazing employment insurance rates. they will be enriched and even young lady from my district that was Of course, then you have got tem- engorged. For example, we know that taken from us far too soon and far too porary financing of short-term com- Wall Street executives have been called young. Jennifer Rose Cernuto was a pensation agreements at page 109. Oh, fat cats by this administration and de- resident of Mooresville, North Caro- we’ve got grants. We’ve got subsidized monized. lina, in Iredell County in my district, employment for unemployed low-in- Yet the little secret behind the and had just graduated from high come adults. You know, instead of scene’s joke is, don’t mind being called school in May. sucking all this capital out of the pri- names; this administration has She was looking forward to beginning vate sector, it seems like we would brought more profit to Wall Street college as part of the honors program want to help create more jobs. than Goldman Sachs has ever seen in at High Point University in the fall. Well, if you’re not satisfied with all their history. Wall Street executives Jennifer and her twin sister, Steph- the jobs that are created by the new and their families gave to President anie, served as interns in my district government programs, new government Obama 4-to-1 over JOHN MCCAIN, so, of office in Hickory last year. My staff agencies, wonderful that we have got course, they’ve got a good little deal still talks about them and the great something better than Fannie and going on there. And also, demonize the work that they did and their wonderful Freddie for infrastructure financing, oil and gas industry even though, you personalities and their real gift for that’s great, but I understand that law- know, you love British Petroleum be- service. suit filing is down significantly around cause they were going to endorse the Both Jennifer and Stephanie’s inter- the country. Our Constitution tells cap-and-trade bill, and you demonize est and passion for learning the inner you, and we know in our hearts that them, and then you stick provisions in workings of government and the dis- it’s wrong to discriminate against peo- this bill that have no effect on the big trict office and the political process ple based on race, creed, color, national major oil companies. were far beyond their years. But it was origin, gender, those things make They will only affect, these provi- in dealing with constituents and help- sense. We shouldn’t discriminate, and sions at the back at pages 151, 152, 153, ing people that both Jennifer and those are protected classes. they will not affect the big majors like Stephanie truly blossomed. We’ve also added, no matter what British Petroleum except that because In fact, the Cernutos had an ability your sexual preference, your sexual ori- they will destroy the ability of inde- to speak to constituents, many of

VerDate Mar 15 2010 03:27 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K13SE7.071 H13SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6138 CONGRESSIONAL RECORD — HOUSE September 13, 2011 whom were upset about a problem that LEAVE OF ABSENCE of State, transmitting Transmittal No. DDTC 11-085, pursuant to the reporting re- they were having or an encounter they By unanimous consent, leave of ab- had with a government agency or per- quirements of Section 36(c) of the Arms Ex- sence was granted to: port Control Act; to the Committee on For- haps that their veterans benefits or a Mr. BARLETTA (at the request of Mr. eign Affairs. similar program weren’t working for CANTOR) for today on account of severe 3085. A letter from the Assistant Secretary, them. Calmly, they would document flooding. Legislative Affairs, Department of State, transmitting Transmittal No. DDTC 11-108, their issues and take good care with a Mr. REYES (at the request of Ms. pursuant to the reporting requirements of thoroughness that most lifelong case- PELOSI) for September 12 on account of workers would envy. It was as if they Section 36(c) of the Arms Export Control a family medical emergency. Act; to the Committee on Foreign Affairs. had been on the job for years. f 3086. A letter from the Assistant Secretary, It was no surprise that Jennifer ex- Legislative Affairs, Department of State, celled in this type of work. Whether at ADJOURNMENT transmitting Transmittal No. DDTC 11-071, school, at church, in everyday life, pursuant to the reporting requirements of Mr. MCHENRY. Mr. Speaker, I move Section 36(d) of the Arms Export Control helping people was a hallmark of Jen- that the House do now adjourn. nifer Cernuto’s life. In fact, she and Act; to the Committee on Foreign Affairs. The motion was agreed to; accord- 3087. A letter from the Assistant Secretary, Stephanie had just returned from Peru ingly (at 4 o’clock and 53 minutes Legislative Affairs, Department of State, with a group of their fellow graduates p.m.), under its previous order, the transmitting Transmittal No. DDTC 11-083, from Southlake Christian Academy, House adjourned until tomorrow, pursuant to the reporting requirements of where they helped build classrooms and Section 36(d) of the Arms Export Control Wednesday, September 14, 2011, at 10 Act; to the Committee on Foreign Affairs. held Bible study classes for indigent a.m. for morning-hour debate. children. 3088. A letter from the Assistant Secretary, f Legislative Affairs, Department of State, Jennifer and Stephanie, you know, transmitting Transmittal No. DDTC 11-058, they come from a great family. I have EXECUTIVE COMMUNICATIONS, pursuant to the reporting requirements of known their parents, Jeff and Lisa, for ETC. Section 36(d) of the Arms Export Control several years, and I am honored to Act; to the Committee on Foreign Affairs. Under clause 2 of rule XIV, executive count them as friends. They are some 3089. A letter from the Assistant Secretary, communications were taken from the Legislative Affairs, Department of State, of Mooresville’s most outgoing and Speaker’s table and referred as follows: transmitting Transmittal No. DDTC 11-027, most charitable people. And with fine 3075. A letter from the Assistant Secretary, pursuant to the reporting requirements of parents like these, it’s no wonder Jen- Section 36(c) and 36(d) of the Arms Export Legislative Affairs, Department of State, nifer, Stephanie, and their older sister, Control Act; to the Committee on Foreign transmitting Transmittal No. DDTC 11-097, Samantha, turned out to be the fine Affairs. pursuant to the reporting requirements of 3090. A letter from the Assistant Secretary, young women that they did. Incredible, Section 36(c) of the Arms Export Control special, young ladies. Legislative Affairs, Department of State, Act; to the Committee on Foreign Affairs. transmitting Transmittal No. DDTC 11-070, But tragedy struck this family and 3076. A letter from the Assistant Secretary, pursuant to the reporting requirements of the entire Mooresville community over Legislative Affairs, Department of State, Section 36(c) and 36(d) of the Arms Export the July 4 weekend when Jennifer and transmitting Transmittal No. DDTC 11-042, Control Act; to the Committee on Foreign Stephanie were involved in an auto- pursuant to the reporting requirements of Affairs. mobile accident. Sadly, Jennifer was Section 36(c) of the Arms Export Control 3091. A letter from the Assistant Secretary, Act; to the Committee on Foreign Affairs. taken on that day and Stephanie was Legislative Affairs, Department of State, 3077. A letter from the Assistant Secretary, transmitting Transmittal No. DDTC 11-072, injured. But, thankfully, thank the Legislative Affairs, Department of State, pursuant to the reporting requirements of Lord, she survived. transmitting Transmittal No. DDTC 11-059, Section 36(c) and 36(d) of the Arms Export pursuant to the reporting requirements of Control Act; to the Committee on Foreign b 1650 Section 36(c) of the Arms Export Control Affairs. Act; to the Committee on Foreign Affairs. 3092. A letter from the Program Manager, Thousands later turned out for 3078. A letter from the Assistant Secretary, Department of Health and Human Services, Jennifer’s memorial service and fu- Legislative Affairs, Department of State, transmitting the Department’s ‘‘Major’’ neral. People asked, why did so many transmitting Transmittal No. DDTC 11-054, final rule — Medicare Program; Revisions to people, thousands of people, come out pursuant to the reporting requirements of the Medicare Advantage and Prescription Secion 36(c) of the Arms Export Control Act; Drug Benefit Programs [CMS-4131-F and to this extraordinary 18-year-old young CMS 4138-F] (RINs: 0938-AP24 and 0938-AP52) lady’s funeral? It was, I think, put in to the Committee on Foreign Affairs. 3079. A letter from the Assistant Secretary, received September 1, 2011, pursuant to 5 the best words by the head of school at Legislative Affairs, Department of State, U.S.C. 801(a)(1)(A); jointly to the Committees Southlake Christian Academy, Wayne transmitting Transmittal No. DDTC 11-079, on Energy and Commerce and Ways and Parker. He said, ‘‘Jennifer was full of pursuant to the reporting requirements of Means. joy that easily drew others, as she al- Section 36(c) of the Arms Export Control 3093. A letter from the Program Manager, Department of Health and Human Services, Act; to the Committee on Foreign Affairs. lowed her love of the Lord to shine transmitting the Department’s ‘‘Major’’ 3080. A letter from the Assistant Secretary, through her.’’ final rule — Medicare Program; Changes to Legislative Affairs, Department of State, Jennifer Rose Cernuto was a fine the Electronic Prescribing (eRx) Incentive transmitting Transmittal No. DDTC 11-078, young lady, an impressive individual, Program [CMS-3248-F] (RIN: 0938-AR00) re- pursuant to the reporting requirements of ceived September 1, 2011, pursuant to 5 and I was honored to know her. My Section 36(c) of the Arms Export Control U.S.C. 801(a)(1)(A); jointly to the Committees staff still has the highest praise that Act; to the Committee on Foreign Affairs. on Ways and Means and Energy and Com- they got to work with her. I say to Jeff 3081. A letter from the Assistant Secretary, merce. and Lisa: You did a wonderful job rais- Legislative Affairs, Department of State, ing that fine young lady. And I say to transmitting Transmittal No. DDTC 11-082, f not just Jeff and Lisa but to Samantha pursuant to the reporting requirements of PUBLIC BILLS AND RESOLUTIONS Section 36(c) of the Arms Export Control and especially Stephanie, that the lives Under clause 2 of rule XII, public that Jennifer affected you can never Act; to the Committee on Foreign Affairs. 3082. A letter from the Assistant Secretary, bills and resolutions of the following count, but she had a wonderful and Legislative Affairs, Department of State, titles were introduced and severally re- amazing impact in her brief time on transmitting Transmittal No. DDTC 11-073, ferred, as follows: this Earth. Her service will not be for- pursuant to the reporting requirements of By Mr. BROUN of Georgia: gotten. Section 36(c) of the Arms Export Control H.R. 2900. A bill to amend chapter 44 of With that, I want to pay great honor Act; to the Committee on Foreign Affairs. title 18, United States Code, to provide for and to remember Jennifer Rose 3083. A letter from the Assistant Secretary, reciprocity in regard to the manner in which Cernuto for the wonderful person and Legislative Affairs, Department of State, nonresidents of a State may carry certain the wonderful individual she was in her transmitting Transmittal No. DDTC 11-076, concealed firearms in that State; to the pursuant to the reporting requirements of brief time on this Earth. I want to say Committee on the Judiciary. Section 36(c) of the Arms Export Control By Mr. BRALEY of Iowa: thank you for the opportunity to have Act; to the Committee on Foreign Affairs. H.R. 2901. A bill to amend the Internal Rev- known her. 3084. A letter from the Acting Assistant enue Code of 1986 to extend increase the re- I yield back the balance of my time. Secretary, Legislative Affairs, Department habilitation credit applicable to Heartland

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disaster relief; to the Committee on Ways By Mr. BOREN (for himself, Mr. DIN- Congress has the power to enact this legis- and Means. GELL, and Mr. CUELLAR): lation pursuant to the following: By Ms. CHU: H. Res. 397. A resolution reestablishing the Article I H.R. 2902. A bill to establish a grant pro- House of Representatives Page Program; to By Mr. PAUL: gram to ensure that students in high-need the Committee on House Administration. H.R. 2908. schools have equal access to a quality edu- By Mr. LARSON of Connecticut: Congress has the power to enact this legis- cation delivered by an effective, diverse H. Res. 398. A resolution electing a Member lation pursuant to the following: workforce; to the Committee on Education to a certain standing committee of the The Testimonial Free Speech Act is justi- and the Workforce. House of Representatives; considered and fied by the First Amendment to the United By Mr. DENHAM (for himself, Ms. NOR- agreed to. considered and agreed to. States Constitution, which, by protecting TON, and Mr. HANNA): f the people’s right of free speech, clearly H.R. 2903. A bill to reauthorize the pro- gives Congress the Power to stop the execu- grams and activities of the Federal Emer- CONSTITUTIONAL AUTHORITY tive branch from censoring the dissemina- gency Management Agency; to the Com- STATEMENT tion of an individual’s testimonial regarding mittee on Transportation and Infrastruc- Pursuant to clause 7 of rule XII of the individual’s experiences with foods and ture. the Rules of the House of Representa- dietary supplements. By Mr. DENHAM (for himself, Ms. NOR- By Mr. SHERMAN: TON, and Mr. DIAZ-BALART): tives, the following statements are sub- H.R. 2909. H.R. 2904. A bill to amend the Robert T. mitted regarding the specific powers Congress has the power to enact this legis- Stafford Disaster Relief and Emergency As- granted to Congress in the Constitu- lation pursuant to the following: sistance Act to authorize the Administrator tion to enact the accompanying bill or Article 1, Section 1. of the Federal Emergency Management joint resolution. Agency to modernize the integrated public f alert and warning system of the United By Mr. BROUN of Georgia: H.R. 2900. ADDITIONAL SPONSORS States, and for other purposes; to the Com- Congress has the power to enact this legis- mittee on Transportation and Infrastruc- Under clause 7 of rule XII, sponsors lation pursuant to the following: ture. Second Amendment to the United States were added to public bills and resolu- By Mr. GIBSON (for himself, Mr. Constitution: A well regulated Militia, being tions as follows: WELCH, Mr. TONKO, Mr. HINCHEY, Mr. necessary to the security of a free State, the H.R. 10: Mr. CONAWAY, Mr. ALEXANDER, Mr. MARINO, Mr. OWENS, Mr. MCINTYRE, right of the people to keep and bear Arms, GRAVES of Missouri, Mr. CHABOT, Mr. WEST- Ms. DELAURO, Mr. COURTNEY, Ms. shall not be infringed. MORELAND, Mrs. ROBY, Mr. CASSIDY, Mr. BUERKLE, Mr. LARSON of Connecticut, By Mr. BRALEY of Iowa: PALAZZO, Mr. POE of Texas, Mr. LATHAM, Mr. Mr. HANNA, and Ms. HAYWORTH): H.R. 2901. HALL, and Mr. GUINTA. H.R. 2905. A bill to temporarily waive the Congress has the power to enact this legis- risk management purchase requirement for H.R. 49: Mrs. BLACK, Mr. SAM JOHNSON of lation pursuant to the following: Texas, and Mr. SCOTT of South Carolina. agricultural producers adversely impacted This bill is enacted pursuant to the power by Hurricane Irene or Tropical Storm Lee so H.R. 50: Mr. MORAN. granted to Congress under Article I, Section H.R. 302: Mr. DUNCAN of Tennessee. that such producers are eligible to receive 8, Clause 18 of the United States Constitu- assistance under the Supplemental Revenue H.R. 363: Ms. MATSUI. tion. H.R. 399: Mr. RENACCI. Assistance Program (SURE), Emergency As- By Ms. CHU: sistance for Livestock, Honey Bees, and H.R. 415: Ms. MOORE. H.R. 2902. H.R. 459: Mr. SCOTT of South Carolina. Farm-Raised Fish Program (ELAP), and Congress has the power to enact this legis- Tree Assistance Program (TAP); to the Com- H.R. 469: Mr. TONKO, Mrs. DAVIS of Cali- lation pursuant to the following: fornia, and Ms. ZOE LOFGREN of California. mittee on Agriculture, and in addition to the Pursuant to Article 1, Section 8, Clause 3 H.R. 494: Mr. STARK. Committee on Ways and Means, for a period and Article 1, Section 9, Clause 7 of the Con- H.R. 521: Mr. ELLISON. to be subsequently determined by the Speak- stitution of the United States of America, H.R. 574: Mr. CONYERS and Ms. JACKSON er, in each case for consideration of such pro- the authority to enact this legislation rests LEE of Texas. visions as fall within the jurisdiction of the with the Congress. H.R. 687: Mr. LIPINSKI. committee concerned. By Mr. DENHAM: H.R. 711: Ms. WOOLSEY. By Mr. GRIJALVA: H.R. 2903. H.R. 721: Mr. GEORGE MILLER of California, H.R. 2906. A bill to establish dual language Congress has the power to enact this legis- Mr. JACKSON of Illinois, and Mr. TERRY. education programs in low-income commu- lation pursuant to the following: H.R. 733: Mr. BASS of New Hampshire and nities; to the Committee on Education and Article I, Section 8 of the United States Mr. MEEHAN. the Workforce. Constitution, specifically Clause 1 (relating H.R. 763: Mr. FLORES. By Mrs. LOWEY: to providing for the common defense and H.R. 886: Ms. SLAUGHTER. H.R. 2907. A bill to improve airport screen- general welfare of the United States) and H.R. 890: Mr. HULTGREN. ing and security; to the Committee on Home- Clause 18 (relating to the power to make all H.R. 891: Mr. DAVID SCOTT of Georgia and land Security. laws necessary and proper for carrying out Mr. ROSS of Florida. By Mr. PAUL: the powers vested in Congress) and Article I, H.R. 892: Mr. LATOURETTE. H.R. 2908. A bill to protect the First Section 10, Clause 3 (relating to interstate H.R. 904: Mr. SCHILLING. Amendment rights of individuals to share compacts). H.R. 905: Mr. MEEHAN. their experiences and perceptions of the ef- By Mr. DENHAM: fects of foods and dietary supplements; to H.R. 2904. H.R. 906: Mr. HONDA. the Committee on Energy and Commerce. Congress has the power to enact this legis- H.R. 991: Mr. HANNA and Mr. DENHAM. By Mr. SHERMAN (for himself, Ms. lation pursuant to the following: H.R. 1004: Ms. HERRERA BEUTLER. KAPTUR, Mr. DEFAZIO, Mr. JONES, and Article I, Section 8 of the United States H.R. 1044: Mr. MCKINLEY. Mr. ROHRABACHER): Constitution, specifically Clause 1 (relating H.R. 1054: Mr. BOREN. H.R. 2909. A bill to withdraw normal trade to providing for the common defense and H.R. 1058: Mr. MEEHAN. relations treatment from the products of the general welfare of the United States) and H.R. 1090: Mr. CONYERS. People’s Republic of China, to provide for a Clause 18 (relating to the power to make all H.R. 1113: Ms. RICHARDSON and Ms. SPEIER. balanced trade relationship between that laws necessary and proper for carrying out H.R. 1116: Mr. LANGEVIN and Mr. WALZ of country and the United States, and for other the powers vested in Congress). Minnesota. purposes; to the Committee on Ways and By Mr. GIBSON: H.R. 1134: Mr. FLORES. Means, and in addition to the Committee on H.R. 2905. H.R. 1161: Mr. MCKINLEY and Mr. ALEX- Rules, for a period to be subsequently deter- Congress has the power to enact this legis- ANDER. mined by the Speaker, in each case for con- lation pursuant to the following: H.R. 1167: Mr. HARRIS and Mr. BUCSHON. sideration of such provisions as fall within The constitutional authority of Congress H.R. 1179: Mr. NUNNELEE. the jurisdiction of the committee concerned. to enact this legislation is provided by Arti- H.R. 1181: Mr. MCCOTTER. By Mr. GARRETT (for himself, Mr. cle I, section 8 of the United States Constitu- H.R. 1195: Mr. KISSELL. BARTON of Texas, Mr. SHULER, Mr. tion, specifically clause 1, clause 3, and H.R. 1262: Mr. MORAN. COFFMAN of Colorado, Mr. BURTON of clause 18. H.R. 1281: Mr. RENACCI. Indiana, Mr. MARCHANT, Mrs. By Mr. GRIJALVA: H.R. 1348: Mr. ALTMIRE. MYRICK, Mr. LONG, and Ms. FOXX): H.R. 2906. H.R. 1370: Mr. MATHESON. H. Con. Res. 77. Concurrent resolution ex- Congress has the power to enact this legis- H.R. 1375: Mr. KEATING. pressing the sense of Congress that Taiwan lation pursuant to the following: H.R. 1394: Mr. FILNER and Mr. POLIS. and its 23,000,000 people deserve membership U.S. Const. art. I, §§ 1 and 8. H.R. 1459: Mr. ROYCE. in the United Nations; to the Committee on By Mrs. LOWEY: H.R. 1477: Mr. LEWIS of Georgia. Foreign Affairs. H.R. 2907. H.R. 1489: Mr. JOHNSON of Georgia.

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H.R. 1490: Ms. DEGETTE. Texas, Ms. PELOSI, Ms. KAPTUR, Ms. HIRONO, SCHOCK, Mr. ROE of Tennessee, Mr. H.R. 1523: Mr. WAXMAN. Mr. HONDA, Mr. HURT, Mr. YOUNG of Florida, NUNNELEE, Mr. BONNER, Mrs. ROBY, Mrs. H.R. 1581: Mr. FLAKE and Mrs. MYRICK. Mr. RAHALL, Mr. CONNOLLY of Virginia, Mr. MCMORRIS RODGERS, Mr. BILIRAKIS, Mr. DUN- H.R. 1609: Mr. GOSAR. CLARKE of Michigan, Ms. WASSERMAN CAN of South Carolina, Mr. SCOTT of South H.R. 1631: Mr. BISHOP of New York. SCHULTZ, Ms. WOOLSEY, and Mr. COSTELLO. Carolina, Mr. HULTGREN, Mr. GARDNER, Mr. H.R. 1681: Ms. HIRONO. H.R. 2458: Mr. MANZULLO. WALDEN, Mr. PAULSEN, Mrs. DAVIS of Cali- H.R. 1716: Mrs. NAPOLITANO. H.R. 2463: Mr. YODER. fornia, Mr. GUINTA, Mr. HANNA, Ms. HIRONO, H.R. 1723: Ms. WATERS. H.R. 2497: Mr. HARRIS. Mr. LIPINSKI, Mr. BROUN of Georgia, Mr. H.R. 1744: Mr. MEEHAN. H.R. 2500: Mr. GRIJALVA, Ms. CASTOR of POMPEO, Mr. GUTHRIE, Mr. BENISHEK, Mr. H.R. 1755: Mr. FRELINGHUYSEN, Ms. BERK- Florida, and Mr. JOHNSON of Ohio. ROGERS of Kentucky, Mr. GIBSON, Mr. LEY, and Mr. CAMP. H.R. 2505: Mr. RANGEL and Ms. SCHA- LUETKEMEYER, Mr. PALAZZO, Mr. WEST, Mr. H.R. 1792: Ms. MOORE. KOWSKY. RUNYAN, Ms. ZOE LOFGREN of California, Mr. UTTON EEHAN H.R. 1802: Ms. S , Mr. M , Mr. H.R. 2528: Mr. MARCHANT. KINZINGER of Illinois, Mr. QUIGLEY Mr. WIL- ILDEE ASTINGS K , Mr. H of Florida, and Mr. H.R. 2541: Mr. THOMPSON of Pennsylvania. SON of South Carolina, Mr. HERGER, Mr. MIL- HUSTER S . H.R. 2543: Mr. HOLT. LER of Florida, Mrs. LUMMIS, Mr. COFFMAN of H.R. 1834: Mr. ROKITA and Mr. REHBERG. H.R. 2545: Mr. CICILLINE. Colorado, Mr. FLEMING, Mr. MANZULLO, Mr. H.R. 1848: Mr. BUCHANAN. H.R. 2659: Mr. STARK. DENT, Mr. MICA, Mr. HUIZENGA of Michigan, H.R. 1873: Mrs. CHRISTENSEN. H.R. 2668: Mrs. MYRICK and Mr. KELLY. Mr. GRIFFIN of Arkansas, Mr. SCALISE, Mr. H.R. 1898: Mr. NUNNELEE. H.R. 2674: Mr. DAVID SCOTT of Georgia. ROSKAM, Mr. MCCARTHY of California, Mr. H.R. 1910: Mr. PASCRELL. H.R. 2675: Mr. ROKITA. RYAN of Wisconsin, Mr. ROKITA, Mr. DIAZ- H.R. 1936: Mr. GIBBS. H.R. 2679: Mr. DAVID SCOTT of Georgia. BALART, Mrs. CAPITO, Mr. MCCAUL, Mr. H.R. 1980: Mr. MANZULLO, Mr. WEST, and H.R. 2689: Ms. LINDA T. SA´ NCHEZ of Cali- BRADY of Texas, Mr. SAM JOHNSON of Texas, Mr. SMITH of New Jersey. fornia. Ms. GRANGER, Mrs. BLACK, Mr. WOMACK, Mr. H.R. 1984: Mr. BLUMENAUER. H.R. 2757: Ms. VELA´ ZQUEZ and Ms. PINGREE SMITH of Nebraska, Mr. STUTZMAN, Ms. H.R. 1995: Mr. STARK. of Maine. HAYWORTH, Mr. GOWDY, Ms. HERRERA H.R. 2019: Mr. WATT. H.R. 2772: Mr. FRANK of Massachusetts. EUTLER DERHOLT ARENTHOLD H.R. 2020: Mr. MICHAUD and Mr. WITTMAN. H.R. 2787: Mr. HEINRICH. B , Mr. A , Mr. F , H.R. 2074: Mr. CARTER. H.R. 2825: Mr. DIAZ-BALART. Mrs. ELLMERS, Mr. GIBBS, Mr. RENACCI, Mrs. H.R. 2077: Mr. SMITH of Nebraska. H.R. 2842: Mr. SMITH of Nebraska. SCHMIDT, Mrs. BIGGERT, Mr. KINGSTON, and H.R. 2104: Ms. ZOE LOFGREN of California, H.R. 2847: Mrs. MYRICK. Mr. YOUNG of Indiana. Mr. MILLER of North Carolina, and Ms. MAT- H.R. 2856: Mr. COURTNEY. H.R. 2867: Mr. JACKSON of Illinois. SUI. H.R. 2857: Mr. ELLISON, Mr. JACKSON of Illi- H.R. 2885: Mr. MCKEON and Mr. MARCHANT. H.R. 2164: Mr. MARCHANT. nois, Mr. JOHNSON of Georgia, Mr. LEWIS of H.R. 2887: Mr. LEVIN and Mr. LEWIS of H.R. 2195: Ms. SCHAKOWSKY. Georgia, Mr. KUCINICH, and Ms. WOOLSEY. Georgia. H.R. 2210: Mr. CICILLINE. H.R. 2859: Ms. PINGREE of Maine. H. R. 2898: Mrs. BLACKBURN, Mr. RENACCI, H.R. 2250: Mr. WOODALL and Mr. BUCSHON. H.R. 2860: Mr. CONYERS. and Mr. YODER. H.R. 2369: Mr. HARRIS and Mr. GUINTA. H.R. 2864: Mr. LARSON of Connecticut, Mr. H.R. 2377: Mr. LIPINSKI. NEAL, Mr. PIERLUISI, Mr. COURTNEY, Mr. H.J. Res. 13: Mrs. MCMORRIS RODGERS. H.R. 2407: Mr. HASTINGS of Florida. NADLER, Mr. DICKS, Ms. FUDGE, Mr. HASTINGS H.J. Res. 69: Mr. SABLAN, Mr. MICHAUD, and H.R. 2426: Mr. KLINE, Mr. DOLD, and Mr. of Florida, Mr. YARMUTH, Mr. COHEN, Mr. Ms. NORTON. HULTGREN. SCHIFF, Mr. MCDERMOTT, Ms. TSONGAS, Ms. H.J. Res. 70: Mr. SHIMKUS. H.R. 2432: Mr. COSTELLO and Mr. LIPINSKI. MOORE, Mr. PASCRELL, Mr. WAXMAN, Mr. H. Res. 25: Mr. BILIRAKIS. H.R. 2447: Mr. WEST, Mr. PAYNE, Mr. HAS- DAVID SCOTT of Georgia, Ms. BASS of Cali- H. Res. 95: Mr. GRIFFIN of Arkansas. TINGS of Florida, Mr. DAVID SCOTT of Geor- fornia, Mr. KEATING, Mr. BISHOP of New H. Res. 134: Mr. GEORGE MILLER of Cali- gia, Mr. WATT, Mr. CARSON of Indiana, Mr. York, Mr. POLIS, Mr. PRICE of North Caro- fornia, Mr. KINZINGER of Illinois, and Mr. JACKSON of Illinois, Ms. LEE, Mr. DAVIS of Il- lina, Mr. SIRES, Mr. THOMPSON of California, MCNERNEY. linois, Mr. CUMMINGS, Ms. SEWELL, Ms. Mr. ROTHMAN of New Jersey, Mr. WALZ of MOORE, Ms. HOCHUL, Ms. SLAUGHTER, Ms. Minnesota, Mr. CONAWAY, Mr. PRICE of Geor- H. Res. 137: Mr. SCOTT of Virginia. WATERS, Ms. EDWARDS, Mr. GUTIERREZ, Ms. gia, Mr. WESTMORELAND, Mr. BERG, Mrs. MIL- H. Res. 304: Ms. DEGETTE. MCCOLLUM, Mr. MORAN, Mr. STARK, Mr. LER of Michigan, Mr. CRENSHAW, Mr. LATTA, H. Res. 364: Mr. FORBES, Mr. POMPEO, Mr. WALZ of Minnesota, Ms. ZOE LOFGREN of Mr. COLE, Mr. CULBERSON, Mr. DUFFY, Mr. LUCAS, Ms. BUERKLE, Mr. BOSWELL, Ms. California, Mr. MCNERNEY, Mr. BOSWELL, Mr. HURT, Mr. QUAYLE, Mr. DOLD, Mr. NUGENT, BROWN of Florida, Mr. CARSON of Indiana, BLUMENAUER, Mr. BACA, Mr. GENE GREEN of Mr. ROONEY, Mr. BROOKS, Mr. LONG, Mr. Mr. COSTA, and Mr. CUMMINGS.

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Vol. 157 WASHINGTON, TUESDAY, SEPTEMBER 13, 2011 No. 135 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a Federal Emergency Management Agen- called to order by the Honorable Senator from the State of New Hampshire, cy additional funding to help commu- JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. nities devastated by natural disasters. State of New Hampshire. DANIEL K. INOUYE, This ought to be the least political President pro tempore. issue we have, whether to reach out a PRAYER Mrs. SHAHEEN thereupon assumed helping hand to our friends and neigh- the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- bors in a time of need. pore. fered the following prayer: These unfortunate people have lost Let us pray. f friends and loved ones. They have lost Eternal God, who fulfills the desires RECOGNITION OF THE MAJORITY their homes, businesses, and liveli- hoods. They have been destroyed by of those who have reverence for Your LEADER acts of God. I went over this with my Name, let Your will be done today on The ACTING PRESIDENT pro tem- wife last night, and she said: Why Capitol Hill. Give our Senators a clear pore. The majority leader is recog- would you use a term like that? Well, understanding of Your providential nized. in the law, that is what these floods, purposes, so that they will not deviate Mr. REID. Madam President, I would these terrible windstorms, and these from Your desired plan. Inspire them note the absence of a quorum. fires are—they are acts of God. We to seek Your guidance and depend on The ACTING PRESIDENT pro tem- can’t plan for them; they just happen. You to bring them through the myriad pore. The clerk will call the roll. In the law, that is the term of art we challenges of our time. Lord, infuse The assistant bill clerk proceeded to use. them with a spirit of reconciliation call the roll. These people have lost loved ones and that will break down divisive walls, Mr. REID. Madam President, I ask friends, and their property is under- bringing harmony and cooperation. unanimous consent that the order for water or literally reduced to rubble. It Strengthen them for this day’s jour- the quorum call be rescinded. is in our power to help them. It is an ney, as Your spirit empowers them to The ACTING PRESIDENT pro tem- obligation we have to help them. Last faithfully honor You in their thoughts, pore. Without objection, it is so or- night, Republicans overwhelmingly words, and deeds. dered. voted to prevent us from coming to We pray in Your sacred Name. Amen. f their aid. They prevented us from get- f ting disaster aid to American families SCHEDULE and businesses that need it now. These PLEDGE OF ALLEGIANCE Mr. REID. Madam President, fol- unfortunate people, I repeat, don’t need The Honorable JEANNE SHAHEEN led lowing any leader remarks, the Senate the help next week or next month or 6 the Pledge of Allegiance, as follows: will be in a period of morning business months from now, they need it now, I pledge allegiance to the Flag of the for 1 hour. The majority will control today. It is unthinkable that Repub- United States of America, and to the Repub- the first half and the Republicans will licans would waste time catering to the lic for which it stands, one nation under God, control the final half. Following morn- radical tea party while innocent vic- indivisible, with liberty and justice for all. ing business, the Senate will resume tims of devastating disasters bide their time. One of the leaders of the tea f consideration of the motion to proceed to H.J. Res. 66. This legislation is the party, a Member of the House of Rep- APPOINTMENT OF ACTING vehicle we need to do the FEMA fund- resentatives, has said very publicly PRESIDENT PRO TEMPORE ing. The Senate will recess, as we al- that we should get rid of FEMA. But The PRESIDING OFFICER. The ways do on Tuesdays, from 12:30 to 2:15 this is not a nation that stands idly by clerk will please read a communication for our weekly caucus meetings. while our fellow Americans suffer. We to the Senate from the President pro f are a nation of action. That is what we have always been. When it is in our tempore (Mr. INOUYE). FEMA FUNDING The assistant bill clerk read the fol- power to aid a fellow citizen, we have lowing letter: Mr. REID. Madam President, this always done what it takes. We have week the Republicans sent a message done it without politics, without pan- U.S. SENATE, to victims of the devastating hurri- PRESIDENT PRO TEMPORE, dering, without a moment’s delay— Washington, DC, September 13, 2011. canes, wildfires, and tornados. That until today. To the Senate: message was ‘‘tough luck.’’ This year the United States has dealt Under the provisions of rule I, paragraph 3, Last night, we tried to move forward with more than its usual share of ter- of the Standing Rules of the Senate, I hereby on a measure that would grant the rible natural disasters. Hurricane Irene

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

S5507

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VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.000 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5508 CONGRESSIONAL RECORD — SENATE September 13, 2011 is estimated to be one of the most cost- supply the food, water, and emergency the White House explained how they ly disasters ever to hit this country. It housing for victims of Hurricane Irene, would like to pay for it. The first thing caused flooding and wind damage from so they pulled out of Joplin, MO. to say about this plan is that it is now Florida to Maine. That is a long ways. We have seen the pictures. It is hard obvious why the President left out the It is a huge coastline. But its damage to comprehend what winds blowing al- specifics last week. Not only does it re- was not only to the coastline. Interior most 300 miles an hour do. They just veal the political nature of this bill, it States such as Vermont suffered ter- eliminate everything on the ground. also reinforces the growing perception rible damage, hundreds of bridges in Any structure was eliminated. that this administration is not all that Vermont, and scores of bridges in the This is not some Democratic idea interested in economic policies that State of the Presiding Officer, the that has come about, that we need to will actually work. State of New Hampshire. Crops were fund FEMA. Republican Governors are But none of this is news. Over the drowned all over the Northeast. It is desperate for money. They have seen past few days, press reports have made rarely that this has ever happened. the destruction firsthand. I will pick it perfectly clear that this legislation Just a few short weeks ago an earth- just two: the Governor in New Jersey, is more of a reelection plan than a jobs quake such as we have not had in this Governor Christie, said this: plan. It is an open secret which Demo- part of the country for 65 years oc- crats all over Washington have been Our people are suffering now and they need acknowledging to reporters since the curred. The epicenter was in Virginia. support now. It was felt by tens of millions of people moment the President revealed it. Governor McDonald of Virginia said They have said that despite the Presi- in every corner of the Eastern United this: States. It damaged buildings in Rich- dent’s calls to pass this bill imme- My concern is that we help people in need. mond and closed the Washington diately, the real plan is to let it hang Monument. The National Cathedral He responded in that way because the out there for a while so Democrats can had some of its spires damaged. It is Republican majority leader of the use it as an issue on the campaign closed now. The 9/11 celebration was to House said what we need to do is make trail. What is more, the President knew as well as I did when he unveiled take place there. They had to move it sure these emergencies are paid for by this plan that Democrats in the Senate to the Kennedy Center. Some of the taking money from programs that are had already scheduled a full slate of spires were knocked off the Mormon now in existence. legislative business for the next few Temple that we see as we drive down We cannot be held hostage on that weeks. So unless the White House the beltway. There was record flooding issue to appease the tea party. Hun- wants to admit that it has no regard on the Mississippi and Missouri that dreds of millions of dollars in disaster for its own party’s legislative business cost lives and devastated farmland. recovery projects are on hold. I men- To get a picture of the devastation, 3 tioned Joplin, MO, as just one example. in Congress, the President’s call for im- mediate action was clearly little more million acres of farmland is under- No matter how often we wish for a than a rhetorical flourish. water now. This is not rice that grows crystal ball, the process of guessing But the specifics we got yesterday there, these are crops that need to be how much money we will need for nat- ural disasters is not perfect. We have only reinforced the impression that away from that much water. It is dev- this was largely a political exercise. astating to farmland in that part of the tried, but this has been a very dev- astating year. Each year Congress esti- For one, they undermined the Presi- country. dent’s claim that it is a bipartisan pro- In February a massive blizzard buried mates how much it will cost this coun- posal because much of what he is pro- the Midwest and Northeast with as try to recover from inevitable storms posing has already been rejected on a much as 3 feet of snow, paralyzing the and fires and floods, and then it reacts bipartisan basis. The $1⁄2 trillion tax city of Chicago, and 36 people died. to what Mother Nature sends our way. hike the White House proposed yester- Even now, firefighters are battling ter- Now is the time to react. It is time to show Americans, as we did in the wake day will not only face a tough road in rible wildfires that have ravaged for Congress among Republicans but from weeks and weeks across central Texas. of September 11, that when disaster strikes the Federal Government will be Democrats too. Those fires have killed people and driv- The central tax hike included in this there to help rebuild. en residents from their homes, homes bill, capping deductions for individuals These are very hard personal issues. they will never see again. In Texas, and small businesses, was already dis- Here in a Virginia suburb, a 12-year-old 2,000 homes have been burned to the missed by a filibuster-proof, Demo- boy was out watching it rain. He was ground. Since January, Texas has re- cratic-controlled Senate in 2009. An- swept off his back step, and he is dead. ported—this is not a misstatement— other idea floated by the White House 20,000 fires. Some of the small fires de- Scores of people have been killed just yesterday, a tax on investment income, veloped into big fires, burning almost 4 in Lee and Irene. It is time for Repub- has been vehemently opposed by the million acres of land. The State Forest licans to prove that this Congress, for No. 3 Democrat in the Senate, among Service in Texas responded to 19 new the first time, is willing to put politics others. A proposal to raise taxes on the fires on Sunday alone, in 24 hours—al- aside for the good of the American peo- oil and gas industry was rejected as a most a new fire an hour in Texas. ple. job-destroying tax hike by both Demo- This year President Obama has FEMA is an issue that is bipartisan crats and Republicans just a few issued disaster declarations in 48 in nature. Those storms don’t just hit months ago, and for good reason, since States, and it is only September. Some Republicans; they don’t just hit Demo- the nonpartisan Congressional Re- States have had multiple disasters. The crats; they don’t just hit Independents; search Service tells us it would not United States has had $10 billion worth they hit us all. That is why we have to only raise gas prices but, in addition to of disasters already this year. It is no react to help people in America be- raising gas prices, would move jobs wonder there are limited moneys left cause they have been hurt. overseas. So claiming this bill is bipar- in FEMA’s Disaster Relief Fund. FEMA f tisan may sound good if you are out has spent about $400 million in the last there on the campaign trail, but surely 2 weeks alone making whole American RECOGNITION OF THE MINORITY LEADER the President could come up with some families, victims of Irene and Lee, a proposals that both sides had not al- tropical storm and a hurricane. The ACTING PRESIDENT pro tem- ready rejected. In short, FEMA is running out of pore. The Republican leader is recog- Here is how one prominent left-lean- money. They are almost broke. Funds nized. ing analyst put it yesterday: ‘‘These are so low FEMA stopped rebuilding f aren’t new policy ideas,’’ he wrote. Joplin, MO, where more than 150 people ‘‘The Obama administration has been THE JOBS PLAN died in that terrible tornado. FEMA looking to cap itemized deductions has programs where they were rebuild- Mr. MCCONNELL. Madam President, since the 2009 budget. Nor are they bi- ing the schools and some of the public last week President Obama came up to partisan policy ideas. . . . ’’ services that were so necessary. But Capitol Hill to unveil a stimulus bill he The specifics we got yesterday were they wanted to have enough money to is calling a jobs plan, and yesterday disappointing for another reason as

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.004 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5509 well. Not only have they failed to at- minutes each, with the time equally di- It is a desperate situation. Some of tract wide bipartisan support in the vided and controlled between the two them have lost their homes. Some of past, even if they did enjoy bipartisan leaders or their designees, with the ma- them are seeing their kids returning support they wouldn’t create any jobs. jority controlling the first half and the from college, unable to continue their The President knows raising taxes is Republicans controlling the final half. studies because Dad is out of work. the last thing you want to do to spur The Senator from Illinois. Some of the marriages that have been job creation. He said so himself. Yet f involved have been strained and some have failed because of this economic that is basically all he is proposing: THE PRESIDENT’S JOBS SPEECH temporary stimulus to be paid for later hardship. The President understands by permanent tax hikes so that when Mr. DURBIN. Madam President, I lis- that, and I hope we do too. the dust clears and the economy is no tened carefully to the statement made Unemployment compensation is ab- by the Republican leader. I noticed better off than it was after the first solutely essential as a lifeline to these that for the last few days the Repub- stimulus folks find themselves with an families, and the President makes that licans have been very quiet and calm even bigger tax bill than today. part of his package. and circumspect in their reaction to The President can call this bill what- When I hear the Republican leader the President’s speech to a joint ses- ever he wants, but in reality all he is call these suggestions a hodgepodge, I sion of Congress last Thursday night. don’t think he is fair and I don’t think doing is proposing a hodgepodge of re- The President, of course, came to us tread ideas aimed at convincing people he is just. Take a look at the specifics: and said this economy needs a helping incentives for businesses to hire new that a temporary fix is permanent and hand; we have to step in and do some- workers, payroll tax cuts for working that it will create permanent jobs, and thing. We have to act and act now. He families for more spending money in then daring Republicans to vote came up with a list of proposals Thurs- hand, unemployment compensation for against it. day night that I think really do ad- those who are out of work so they can I think most people see through all of dress what America needs: First and survive. this. I think most Americans are foremost, to create jobs—that is the The President also focuses on critical smarter than that. I think they know No. 1 priority. The President says we people. How many of us in the last 48 our economic challenges are more seri- will do this by creating tax incentives hours have given a speech somewhere ous than this and that they require se- for small businesses in particular to at home or here talking about the rious long-term solutions. I think the hire people who have been unemployed great first responders of 9/11? The po- American people realize we can do a lot and to give raises to those who cur- licemen, the firefighters, the medical better. rently work. professionals who literally risked and I have talked with a lot of job cre- He knows families are struggling some even gave their lives in response ators over the past few weeks, includ- across America, working families, mid- to that national emergency. We know ing many in my own State. It is no se- dle-class families. Many of them are what is happening across America. cret that they need to create jobs. living paycheck to paycheck. A recent Many of these policemen and fire- Every one of them says the same thing. poll asked working families in America fighters are losing their jobs, along Yet the President refuses to do any of how many could come up with $2,000 in with teachers. The President under- it. 30 days, either from savings or bor- stands that, and he puts resources into If the President is truly interested in rowing, to meet a medical emergency, saving some of those jobs so that we growing the economy and putting for example. It turns out barely half of can have the protection we need in our Americans back to work, then he will the working American families polled communities and the teachers we need leave the temporary proposals and the can do so. Barely half of them could for the next generation of workers. half measures and the tax hikes aside. come up with $2,000. It is a reminder to President Obama believes, and I He will consult with both parties and many of us who have a comfortable life agree, that we need to invest in Amer- work with us on a plan that indicates that the vast majority of working fam- ica. When we build the infrastructure he has learned something from the fail- ilies struggle every single month to in America that will serve us in the ures of the past 2 years and which actu- make ends meet. President Obama un- 21st century, we create good-paying ally has a chance of attracting bipar- derstands that, and that is why he has jobs right here at home. These are not tisan support. proposed a payroll tax cut that will put jobs you can ship overseas. President He could start with a permanent re- more money in the hands of working Obama understands that. That is why form of our broken tax system, reduc- families. In Illinois, it will be an aver- that is a major part of his proposal. We ing out-of-control Federal regulations, age of about $1,400 a year. I wish it are talking about highways and bridges and by passing the trade bills that have were more, but it is a recognition by and airports and ports and waterways been sitting on his desk since Inau- the President that to get this economy and schools. The President understands guration Day 2009. All of this is doable, moving again, people have to have that investment in America not only all of it should attract bipartisan sup- more confidence in their own situation helps us today in invigorating the port, and all of it would actually create at home and more confidence in the fu- economy but will pay off for genera- jobs. That would be a jobs plan worthy ture. Giving working families this tions to come. of the seriousness of the moment. spending power can make that dif- There were very few lines the Presi- But make no mistake, what the ference. dent gave at his speech that drew President proposed so far is not seri- The President also understands and I standing applause from the Republican ous, and it is not a jobs plan. After am sure the Presiding Officer under- side. I felt at one point that the tem- what we learned yesterday that should stands as well that many of the fami- perature of the Republican side of the be clear to everyone. lies who are unemployed now are des- aisle in the House Chamber was 40 de- I yield the floor. perate. I visited with many of them grees below that on the Democratic f during the August recess, going to the side. It was cold over there. There was Elgin Work Center and to others in one line they finally acknowledged, RESERVATION OF LEADER TIME McHenry County. I sat down with these and that was when the President said: The ACTING PRESIDENT pro tem- people who have been out of work for For goodness’ sake, we owe it to our pore. Under the previous order, the months—some even years—and asked veterans who have come home to put leadership time is reserved. them: What is your day like? They them to work. To know that 10 percent f come to these job centers, they sit of those people who risked their lives down, and they work on their resumes. for America are now back home and in MORNING BUSINESS They pore through all of the want ads, unemployment lines is absolutely un- The ACTING PRESIDENT pro tem- they pore through all of the informa- acceptable, and President Obama rec- pore. Under the previous order, the tion about people seeking new employ- ognizes that in what he has called for Senate will be in a period of morning ees, and they send out their resumes as to get this economy moving forward. business for 1 hour, with Senators per- quickly as possible. Of course, very few I don’t think the Republican leader is mitted to speak therein for up to 10 of them get any response at all. fair in calling this a hodgepodge. It is

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.004 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5510 CONGRESSIONAL RECORD — SENATE September 13, 2011 a carefully constructed plan to get this Here is a photo—I saw this in person this country and the well-being of economy moving forward. What really when I visited the State earlier this many families. troubles the Republican leader—and I spring—around in the southern I wanted to show a chart here which know he said as much this morning—is part of the State. It was an awful situ- demonstrates the amount requested by that President Obama pays for it. Over ation. We had flooding along the Ohio the administration over the years by and over, we hear from the Republican River that troubled and bothered the different Presidents for the Disaster side: Don’t add to the deficit. Pay for folks who live in southern Illinois as Relief Fund. In each and every one of what you do. well as Kentucky and adjoining States, these cases, regardless of whether it The President came out yesterday Missouri. Some of our towns, such as was a Democratic or Republican ad- with his proposal of how to pay for it. Cairo, were literally threatened with ministration, how much of these funds How does he pay for it? For one, he being inundated. They had to blow lev- do you think were offset with funds takes away the subsidy to the oil com- ees, which basically means to open up from other accounts in the Federal panies. There is a Federal subsidy that a place for the river water to flow. budget? None. Zero. In 2000, when more comes out of the Treasury and goes to That flooded farmland in Missouri and than $3.5 billion was appropriated for oil companies across America, raises Illinois, and we have to be sensitive to disaster recovery, how much was off- gasoline prices through the roof, mak- the fact that there were real losses set? None. In 2005 and 2006, when com- ing them able to enjoy the biggest there that need to be paid for. That munities all over the South were recov- business profits in the history of the record flooding really slammed the ering from Hurricane Katrina and more United States. Isn’t it time to cut back southern part of our State. The devas- than $2 billion was appropriated each on that subsidy and use those resources tation was felt in the entire region. of these 2 years for recovery, how much for the President’s plan to get the The damage was not just there. I of that was offset? None. Under Repub- economy moving forward? hear from people throughout the south- lican Presidents, such as President The President limits the tax deduc- ern part of the State who are still Bush, as well as Democratic Presi- tions and credits for those in higher in- struggling today because of this flood- dents, such as Presidents Clinton and come categories. I find it hard to un- ing. Anthony Miles in Urbandale, IL, is Obama, we have not required offsets in derstand why the Republican position an example. Flooding from the Ohio the rest of the budget when we have is that we cannot ask those who are River rose so high that he could not literally faced a disaster. We have well off, the most comfortable people even find his lawnmower in the front stepped up, provided the money, and in America, to pay one penny more in yard. All he could see was the river moved forward. taxes. Their position is absolute: not water. In Metropolis, IL, my friend The number and cost of disasters one penny more in taxes for the Mayor Billy McDaniel said that people have grown dramatically over the past wealthiest in America. I think it is fair are still trying to get the floodwater few years. I do not want to engage the to limit the tax cuts to the wealthiest damage repaired in that town months Senate in the debate about climate so that we can provide tax cuts for later. Harrah’s casino in Metropolis, change because I know people get red working families. That is sensible. It is which is a major employer and source in the face and want to come to the not only morally right, it is economi- of revenue in that area, was completely floor and tell us their political views of cally right, and it troubles me when I inundated with water, and hundreds of the science of this question. But I will hear the Republican leader reject that thousands of dollars in repairs need to tell you this: The property and cas- out of hand. ualty insurance industry of America It appears that the warmth of the be done. Some argue when it comes to these testified before my committee recently August Sun is cooling now in Sep- disasters that we cannot afford to help and said they see what is coming— tember, and those who went home and people in America. It appears to me more disasters and more costs than we heard how unhappy America is with that the guiding principle and motto of ever imagined. One of the experts said congressional roadblocks and obstruc- the tea party in America is this: Just to be prepared to say every summer of tion have forgotten that lesson. They your life from this point forward: This have forgotten what they heard. They remember we are all in this alone. That is the hottest summer I can ever re- are coming back now and saying that is what we hear over and over from member. That is what the future is once again we are going to have a face- them. Whenever we have a problem fac- going to hold. off and a confrontation. ing us in America where we come to- gether as a family to solve it, the tea As these temperature swings get f party stands on the sidelines and says: worse and worse, they precipitate these DISASTER RELIEF Don’t do it. Let them fail. terrible storms. I am not an expert on Mr. DURBIN. There is one other area This morning, Senator REID quoted a much, but I am perhaps a little bit of I wish to speak to. I know my col- leading tea party advocate in the an expert after almost 30 years of fly- league from New York is going to be on House who said: The Federal Emer- ing 48 roundtrips a year between Illi- the floor shortly. The area I wish to gency Management Agency should be nois and Washington, flying on com- speak to is disaster relief. put out of business. mercial airplanes. I think I know a lit- I strongly support the disaster relief I wonder where he lives. I wonder if tle bit about that, maybe even a little funding bill. As Americans undertake his home has been spared. I wonder if more than most. This is one of the the physically and emotionally dif- he has seen people who through no roughest periods I can remember. For ficult task of rebuilding, cleaning up, fault of their own have lost everything the last several months, the storms and recovering from hurricanes and because of a disaster. When that hap- and turbulence have been greater than flooding and even earthquakes, we pens in America, we step in and help I can ever recall. I hope it is an anom- must see that the Disaster Relief Fund one another. We don’t get tied up in aly. I hope it never happens again. We is there so they can get back to their some political debate. We don’t find are told by the experts it is likely to own lives as quickly as possible. ourselves completely stopped from continue. It means more storms, more The year 2011 has been a record year stepping forward and doing what is damage, more disasters, and we do not when it comes to natural disasters. The right, and we can’t let it happen this have the funding here in Washington cost of recovery from Hurricane Irene time either. waiting to pay for it. alone could reach $1.5 billion. We have Those who say we have to cut other We have to step forward as the need seen it this year in Illinois. It has been government programs and education, arises and meet our obligations to the tough from Chicago to Cairo in the medical research, for example, to pay families and businesses that have been southern portion of our State. We have for the devastation, whether from Hur- negatively affected. We know that this had blizzards and floods and tornadoes ricane Irene or flooding or earthquakes damage which I showed in the southern and troubles all around. Our State, like or tornadoes, I just don’t think they part of my State reaches all over the most other States, has seen the dam- understand there are critical areas of State. This is an area of Galena, IL, age and has felt it personally. People government spending that have been the home of General Grant, the Presi- are trying to put their homes back to- cut back already, and to cut them even dent, Ulysses S. Grant, and this area in gether again. further would jeopardize the future of the northwest part of my State also

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.008 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5511 has been flooded, causing extreme dam- could have helped you, he would have done APPROVING THE RENEWAL OF IM- age to the people in the area. It is just it. PORT RESTRICTIONS CONTAINED another example of what we have been Thirteen years ago, that mentality IN THE BURMESE FREEDOM AND through. and sense of patriotism led a young DEMOCRACY ACT OF 2003—MO- If we freeze the money for disaster high school senior to take an oath to TION TO PROCEED relief, as some have suggested, it would support and defend the Constitution of The PRESIDING OFFICER. Under mean the repairs being made to recover the United States and the State of Ne- the previous order, the Senate will re- from floods and storms from April and braska against all enemies, foreign and sume consideration of the motion to May will not be reimbursed. From Me- domestic. That oath brought opportu- proceed to H.J. Res. 66, which the clerk tropolis, IL, and southern Illinois, they nities for Staff Sergeant Hamburger to will report. are facing damage there that needs to share his mechanical talent with his The legislative clerk read as follows: be repaired—the city of Carmi as well. fellow soldiers. Motion to proceed to the joint resolution On Friday, President Obama re- Those closest to him will tell us his (H.J. Res. 66) approving the renewal of the quested $5 billion in new disaster fund- pride and joy were his family, his import restrictions contained in the Bur- ing, $500 million in supplemental friends, and the ‘‘V-Day Express,’’ the mese Freedom and Democracy Act of 2003. money for fiscal year 2011. The Presi- Chinook helicopter he maintained. He The PRESIDING OFFICER. The Sen- dent recognizes 2011 has been an excep- loved being a soldier, and he took great ator from Vermont. tional year for natural disasters and pride in his service. DESTRUCTION FROM HURRICANE IRENE that the recovery from Hurricane Irene The decorations and badges earned Mr. LEAHY. Mr. President, I have alone could tax FEMA beyond what it during his 13 years of distinguished spoken to so many of my colleagues— is capable of providing. service speak to his dedication and to I know I have with my good friend, a This money is desperately needed for his skill: the Bronze Star, the Purple distinguished Member of this body, the the families and businesses trying to Heart, the Army Reserve Component Senator from Montana, and others— clean up and put themselves back on Achievement Medal (4th Award), the about what has happened in Vermont. track. I strongly support the supple- National Defense Medal, the Afghani- We are a little State. We are 660,000 mental appropriations for the disaster stan Campaign Medal, the Global War people. We are a State that has sent relief fund. Let’s help our fellow Amer- on Terrorism Service Medal, the volunteers all over the country where icans get back on their feet. Armed Forces Reserve Medal (with 10 people have been hit by earthquakes, Madam President, I yield the floor year device), Armed Forces Reserve tornadoes, hurricanes, and flooding, and suggest the absence of a quorum. Medal (with Mobilization Device), the but now Vermont has been hit. The ACTING PRESIDENT pro tem- Noncommissioned Officer Professional I was born in Vermont. My family pore. The clerk will call the roll. Development Ribbon, the Army Service came to Vermont in the 1800s. The only The legislative clerk proceeded to Ribbon, the NATO Medal, the Combat thing that could even begin to match call the roll. Action Badge, the Senior Aviation what we have seen were the horrible Mr. JOHANNS. Madam President, I Badge, the Nebraska National Guard floods of 1927. I was not alive then, but ask unanimous consent that the order Homeland Defense Ribbon (with M de- I remember the stories my parents told for the quorum call be rescinded. vice), the Nebraska National Guard me. Certainly in my lifetime we have The ACTING PRESIDENT pro tem- Emergency Service Medal, the Ne- never seen anything like this. Vermont pore. Without objection, it is so or- braska National Guard Service Medal continues to grapple with the after- dered. (10 year device), and the California Na- math of Tropical Storm Irene. It does not make a difference if you are a Re- f tional Guard Commendation Medal. These medals, as well as Sergeant publican or a Democrat, all HONORING OUR ARMED FORCES Hamburger’s willingness to serve oth- Vermonters are joined together to re- STAFF SERGEANT PATRICK HAMBURGER ers in need, speak clearly to his com- build after this disaster. I wish to call the Senate’s attention Mr. JOHANNS. Madam President, I mitment to upholding the values and today to the severe and extensive dam- rise today to honor a fallen hero, Ne- ideals that all Nebraskans hold dear. age done to our State’s transportation braska Army National Guard Staff Ser- We are proud of his character and the infrastructure and to how the washed geant Patrick Hamburger, a native of ways in which he represented Ne- out roads and bridges are affecting the Lincoln who later settled in Grand Is- braska. I am confident that in the com- ing months, Nebraskans will surround lives of all Vermonters. land, Nebraska. Here are a few of the scenes of the de- and uplift his family and friends as Staff Sergeant Hamburger served his struction. This was a main highway. they mourn the loss of a truly remark- country as a flight engineer while mo- You can see one lane here. Look what able son, brother, and friend. bilized with the Nebraska Army Na- happened. The road does not begin to tional Guard’s Company B, 2nd Bat- Today, as we bow our heads with the Hamburger family, I ask that God pro- pick up again until we get over here. talion 135th General Support Aviation, That was a highway that had been used tect our servicemembers, both here and based in Grand Island. Staff Sergeant for decades. It is Route 100, south of Hamburger and 29 fellow soldiers paid overseas. We are truly grateful for the service Plymouth. the ultimate price in support of Oper- Plymouth, VT, is where Calvin Coo- and sacrifice made by those in uniform ation Enduring Freedom on August 6, lidge was born. He was spending time and their families. 2011. He was the crew chief on the Chi- there with his father when he got news nook helicopter downed by enemy fire I yield the floor. I suggest the absence of a quorum. that he had suddenly become President in Afghanistan. It is through extraor- The ACTING PRESIDENT pro tem- and was sworn in by his father, who dinary sacrifices such as his that we pore. The clerk will call the roll. was the justice of the peace. The dep- are able to enjoy the freedoms we have The legislative clerk proceeded to uty sheriff thought they may need se- today. call the roll. curity so he stood there with a pitch- Staff Sergeant Hamburger’s The PRESIDING OFFICER (Mr. fork in one hand and a lantern in the unfaltering devotion to duty and pride TESTER). The Senator from Vermont. other. in his country went beyond the time he Mr. LEAHY. Mr. President, I ask But this photo shows you what has spent in uniform. Patrick lived to help unanimous consent that the order for happened. They tried to build a tem- others. From his childhood in Lincoln, the quorum call be rescinded. porary bridge up there. As you know, to mentoring fellow soldiers, those who The PRESIDING OFFICER. Without being from a northern State, Mr. Presi- knew him recall that he was always objection, it is so ordered. dent, we are going to have snow in looking out for others. Patrick’s broth- f Vermont in a matter of weeks and, of er Chris remembers his kind spirit by course, companies stop making asphalt stating: CONCLUSION OF MORNING in early November. BUSINESS He didn’t worry about himself half as much This is a photo I took of U.S. Route as he worried about everyone else. You could The PRESIDING OFFICER. Morning 4. I took it from a helicopter when Gov- have been a complete stranger and if he business is now closed. ernor Shumlin and I toured the State

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.009 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5512 CONGRESSIONAL RECORD — SENATE September 13, 2011 immediately after Irene. It is a major many of them dirt roads. Businesses some say: If we are going to help Amer- east-west route across Vermont. Again, are struggling to reopen, rehire their icans, we better find out some way we look at this. We can’t see one of the people, and then to find new customers. can pay for it. What can we take away lanes of the road. It would have gone Schools have been forced to remain from other Americans to help these just like this, but it is gone, and look closed until repairs are made, and chil- Americans? Can we take away from how deep it is. That is because this dren are wondering—adding to the education, medical research, housing? river moved from where it had never trauma of what they have seen—when Let’s start thinking about America. been before and tore it out. they are going back to the normalcy of We have seen the billions, eventually Governor Shumlin, the Governor of going to school. Tourists are worrying trillions, we have spent trying to re- our State, General Michael Dubie, the about traveling to Vermont this fall to build Iraq and Afghanistan, and we head of our National Guard, and I see the foliage or this winter to do know how much that is appreciated. toured the damage around Vermont by some skiing. These are major indus- These are Americans who do appreciate helicopter immediately after the tries in our State. and need the help. storm. We actually needed the heli- The end of construction season in Let us come home. Let us take care copter because many of the places we Vermont is fast approaching. As I men- of the needs in America. There is so went were unreachable on the ground. tioned earlier, by November, it will be much on the line, so starkly for so This third one is the New England too cold to lay asphalt. By December, many, it would be horrible and un- Central Rail Line in central Vermont snow and ice will cover the mountains, seemly to play politics with disaster that hosts Amtrak’s Vermonter train. leaving many towns dangerously iso- relief. We have never done this before. One can actually get on the Vermonter lated. My home was safe, but I live on I was heartened, as I came into one, here in Washington and take it to New a dead-end dirt road. It is 2 miles to the badly damaged town and I got an e- York and go up through New England nearest paved road. I know how easily mail from a very conservative Repub- to Vermont, which I have done a num- these dirt roads can be disrupted. lican Senator who said: PAT, you ber of times. Economic Recovery Act I applaud the Vermont Agency of helped us when our State was hit. What funds had just repaired this line to Transportation and the Vermont Na- can we do to help your State? That is nearly mint condition. Look at it now. tional Guard—along with the work the kind of bipartisanship, Republicans We couldn’t take a train across it. It crews and Guardsmen from States all and Democrats, have displayed in the has sunk out from underneath the around the country—because they are past to come together. track. That is a pretty horrific situa- moving quickly to make emergency Thousands of American families and tion. road repairs and install temporary businesses have been devastated by an This shot was taken along Vermont bridges. Governor Shumlin, General unprecedented series of floods, torna- Route 30 in Jamaica, VT, or what is Dubie, and I had to helicopter into one does, hurricanes, and wildfires—look at left of it. This is while rains from the town because it was the only way to the pictures out of Texas—and other remnants of Hurricane Lee fell on get there. At least now it has a tem- disasters over these years. The people Vermont. We just got hit and hit and porary road. But these are lifelines to are hurting out there. They are not hit up there. We can see work crews the hardest hit communities. We need thinking about Democrats versus Re- trying desperately to stay ahead of the to make more permanent repairs as publicans or red States versus blue rising water and some of them, frank- soon as possible or future rains and the States. They are saying: We are Ameri- ly, risking their lives to do that. fall’s freeze-thaw cycle will further de- cans. We help everybody else; we can at I might say, in that regard, we have terioration of our roads and make least help ourselves. People are des- had people come in to help out. I told them all but impassable in the winter perate for a helping hand from their the two Senators from Maine yester- and cut off major parts of my State. fellow Americans. We are one Nation. day, we had highway construction peo- Given the breadth and depth of We have traditionally come to the aid ple from Maine—crews, some on vaca- Irene’s destruction, on top of the disas- of our fellow Americans in times of tion—who came down and helped. In re- ters already declared in all 50 States, need. sponse, when we thanked them, they we have to ensure that FEMA and the In my 37 years in the Senate, we have said: You helped us; we will help you. Department of Transportation have all always dealt with disaster bills to- The Presiding Officer knows rural the resources they need to help our gether. We haven’t cared whether it America. He knows we pitch in to try citizens in their desperate time of was a Republican State or a Demo- to help each other. need. cratic State or Democratic or Repub- Unfortunately, this is just the tip of The other night the President ad- lican President. We have worked across the iceberg. Roads, bridges, and rail dressed the Congress and the Nation the aisle, in the spirit of bipartisan- lines all over the State have been from the floor of the House of Rep- ship, in the best interests of America wiped out. I apologize to my colleagues resentatives. On his way in, he leaned and in the best tradition of our coun- for being emotional, but this is my over and said to me: I am thinking of try. As a nation, can we afford to toss State. This is my home. It is the home your people in Vermont. That means a that tradition and cooperation over- of my ancestors. We have seen flooding lot. I applaud him for issuing the emer- board? It is unconscionable that a close more than 300 town and State gency declaration very quickly and small number decided to inject politics roads and damage more than 30 then making adjustments when we and political point-scoring into a situa- bridges, stranding people in more than needed them. tion that already is so difficult and so one dozen towns for days. Damage to We have to replenish the FEMA dis- laden with grim realities for so many the State’s Federal aid roads and aster relief fund and the Federal high- of our fellow citizens. Go and talk to a bridges will exceed $1⁄2 billion in our way emergency road fund, both of farmer who has seen his herd deci- little State. It is going to take years which are at dangerously low levels mated and tell him that. Go and see a and years to recover. right now, not just for Vermont but for small business owner who is a major It has been extremely difficult to every other State that has been hit employer in a small town who is say- move emergency supplies and building with the same kind of problems. With- ing: I don’t know how I can keep hiring materials around. Some of the washed- out supplemental funding to these and these people. Go and tell a child who out roads have gaping gullies in the the other emergency accounts, has asked their parents when the road middle that are 30 feet or more deep. Vermont and all the other 49 States will be done so we can go to school or One can’t drive a truck over that. with ongoing Federal disasters are not visit grandma. Tell them. Tell them. Some of the reopened roads and bridges going to have the resources to rebuild. Leader REID is right to bring an are not yet recommended for heavy Americans should be worried about emergency disaster relief package to traffic. Americans. The kind of money we are the floor that will give aid to all 50 The consequences have been harsh. talking about we throw away in Iraq States suffering from the effects of un- Residents are forced to make a 30-mile- and Afghanistan in 1 week’s time and precedented natural disasters. I state plus detour to the nearest grocery we do it on a credit card and we say we the obvious when I say we need Repub- store or doctor on mountain roads, don’t have to pay for it. Now we have lican cooperation to get this urgent job

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.013 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5513 done. I encourage my colleagues to end left, I was one of the last cars to make Doesn’t that seem just a little hypo- this shameful filibuster of the disaster it out of town before all the roads were critical? I wonder, what kind of relief bill. Let us proceed to a full de- closed, and its residents prayed that mindset does it take to conclude that bate on how to help our fellow Ameri- the temporary levees would hold. it is OK to pass on to your children the cans—our fellow Americans—as quick- The residents of Georgetown and Oslo costs of war. Yet, when Americans ly as we can. were doing what they could do to pro- have lost their homes or had their com- I have taken a lot of time of the Sen- tect themselves, but not all disasters munities destroyed, it is not OK to re- ate. I yield the floor. can be anticipated. On June 17 of last spond to that emergency in an appro- f year, storms brought 39 tornadoes, 26 priate way? It just does not make sense funnel clouds, and 69 reports of hail in to me. RECESS Minnesota. Three Minnesotans died. When Congress plans its spending, it The PRESIDING OFFICER. Under The town of Wadena was hit the can and should be accounted for the previous order, the Senate stands hardest; 234 homes were damaged. The through a budget. But when emer- in recess until 2:15 p.m. roof was torn off the high school, and gencies arise—and natural disasters are Thereupon, the Senate, at 12:41 p.m., the county fairgrounds and community the quintessential emergency—we recessed until 2:15 p.m. and reassem- center were destroyed. should not hesitate to act for the good bled when called to order by the Pre- After a disaster, Minnesotans have of the American people. I believe the siding Officer (Mr. WEBB). enough to worry about. It would be ter- United States of America is a country f ribly unfair to pile politics on top of that protects its citizens when they are their worries. Natural disasters just APPROVING THE RENEWAL OF IM- at their most vulnerable. I hope this happen. They are acts of God, and they PORT RESTRICTIONS CONTAINED Congress will confirm that conviction happen without warning. Minnesotans IN THE BURMESE FREEDOM AND by voting for emergency aid to the need to know, when their State and DEMOCRACY ACT OF 2003—MO- communities across this Nation that local governments are overwhelmed, TION TO PROCEED—Continued have been devastated by natural disas- that their Federal Government will be ters. The PRESIDING OFFICER. The Sen- there to help them recover. Every Mr. President, I yield the floor. ator from Minnesota. State needs to know that; we are one The PRESIDING OFFICER. The Sen- Mr. FRANKEN. Mr. President, I rise country. And they need to know we ator from Vermont. today to talk about the urgent need for will not play politics with their lives Mr. SANDERS. Mr. President, as you FEMA disaster funds, which is under and their livelihood. no doubt know, the State of Vermont this Burma joint resolution. I was very Many of the same people who are de- has been hit very hard by Hurricane concerned when I heard some of my manding that we offset the costs of Irene. The storm caused widespread colleagues in the House of Representa- natural disasters have voted year after flooding, resulting in a number of tives demanding that spending cuts be year to fund our wars in Afghanistan deaths, the loss of many homes and in exchange for supplemental disaster and Iraq without paying for them. businesses, and hundreds of millions of relief funds. Last night, we could not Some have done this for nearly 10 years dollars in damage to our property and even pass a procedural vote to proceed now. They have passed on well over $1 our infrastructure. I have visited many to a bill that would provide this needed trillion in debt to our children to fi- of the most hard hit towns, and I was relief. This raises the question, What nance wars that have not been a sur- shocked and moved by the extent of kind of country are we? Are we a coun- prise and that we could have and the damage. Many of these towns still try that takes care of the victims of should have been budgeting for from today have very limited access because disasters without hesitation or reluc- the beginning. the roads and bridges that link them to tance or are we a country that engages For the last 10 years, we have paid the outside world have been destroyed. in misguided debates in the midst of a for wars by borrowing from countries Irene will go down in history as one of disaster when our citizens need us the such as China willing to finance our the very worst natural disasters ever most? debt and by giant emergency spending to hit the State of Vermont. My State of Minnesota has seen its bills, as they are called. That is un- Let me take this opportunity again fair share of natural disasters over the usual in American history, where wars to thank everybody who has lent a last few years. In the past year and a usually prompt reevaluations of our hand to help their friends and neigh- half, President Obama has declared fiscal policy. bors stricken by this disaster. I espe- seven Federal disasters in my State. I This spring, I introduced my Pay for cially wish to commend and thank our have seen the devastation Mother Na- War resolution to address this fiscal ir- emergency responders—they did a fan- ture can cause. I have seen commu- responsibility. My resolution would tastic job—the Vermont National nities that desperately need Federal as- simply require that war spending be Guard and our local officials for all sistance to recover. Northwest Min- offset in the future. To be sure, there they are doing to assist communities nesota has seen the phenomenon of 100- can be real emergencies that require and individuals in getting back on year floods turn into nearly annual the immediate exercise of military their feet. events. Every spring, towns in the Red force with its attendant costs. That is We still do not know the cost of this River Valley of the north hope that why my resolution allows the offset re- disaster, but let me share with you just this year will not see another record- quirement to be waived in such emer- a few preliminary figures, and really setting flood. gencies. But when you know year-in this is quite remarkable, remembering This spring, I visited Georgetown, and year-out that you are going to be that Vermont is a State of about MN, and watched as they built emer- at war, you should budget for that and 630,000 people, with approximately gency earthen levees to protect their not just pass the costs on to your chil- 200,000 households. town. The town had run out of the clay dren. Today, already more than 4,200 needed to build their levee, and the Iraq and Afghanistan have cost us Vermonters—and by and large, those only choice left for them was to dig up well over $1 trillion, and we will be are households—have registered with their baseball field—their park, the di- paying for years to care for the vet- FEMA. With 200,000 households, we amond and the rest of the park. I erans who came back with the wounds have over 4,000 that have already reg- watched as they dug up the heart of of war. That did not singlehandedly istered with FEMA. their community to protect their create our deficit problem, but it sure To date, there have been more than homes and businesses. made it a lot worse. Yet many of the 700 homes confirmed as severely dam- That same day, I visited Oslo, MN. same people who now demand that we aged or totally destroyed. Again, we Flooding in the Red River turns Oslo must offset disaster spending for Amer- have about 200,000 households and 700 into an island town. Residents are cut icans who have lost their homes or are homes have been confirmed as severely off from the rest of Minnesota for suffering otherwise have been fine with damaged or completely destroyed. weeks as the Red River floods all of the spending staggering sums of money on More than 72,000 homes across the surrounding roads. That night, as I our wars—without offsetting them. State were left without electricity.

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.015 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5514 CONGRESSIONAL RECORD — SENATE September 13, 2011 That is about one-third of the total. I would like to thank, in that con- never ask for one dime to be offset, and Thousands lost phone service. And in text, Majority Leader REID and Sen- yet at a time when Americans need some areas, these services have still ator LANDRIEU for their commitment help, they are not, let’s say, leaning not been restored. to drafting a disaster relief supple- forward? The storm knocked out 135 segments mental appropriations bill to provide I think there are a lot of Americans, of the State highway system as well as $6.9 billion in disaster relief funding. not only from around the country but 33 State bridges. Thirteen communities At a time when funding is tight and from their own States, who might be were completely isolated for days. every appropriation is subjected to very puzzled by this sudden commit- Thirty-five roads and bridges are still even more intense scrutiny, the major- ment to find offsets when it comes to shut down, while many others are only ity leader and Senator LANDRIEU are rebuilding neighborhoods in Minnesota open for emergency services. doing exactly the right thing in ad- or Vermont or neighborhoods in Vir- Hundreds of farms and businesses dressing these needs now. Senator REID ginia or in Massachusetts or in other have been destroyed, undermining the has my full support. States, such as New York, which have fabric of our rural economy. While it is imperative for Congress to been so hard hit. I think they will have Our Amtrak and freight rail services adequately fund FEMA’s Disaster Re- some explaining to do, which is why I were completely suspended, as tracks lief Fund, the Federal response, in my hope today, when we retake this vote, literally washed into rivers. One of our view, should be more comprehensive, as many of my friends on the other side two Amtrak lines is still down today. it has been for past disasters of this will consider the leadership shown last The State’s largest office complex— scale. night by Senators BLUNT, BROWN, we have a very large office complex in In particular, it is imperative to ad- COATS, COLLINS, HELLER, and SNOWE. Waterbury, VT, near our State capital, dress the severe damage to roads and These six Senators voted yes to move in which 1,600 State employees go to bridges by providing funding for the forward to try to find a way to find the work every day. It is the nerve center Federal Highway Administration’s political will to provide funding for dis- of the entire State. That complex was Emergency Relief Program. In aster victims now, not wait but send flooded. Those 1,600 workers have not Vermont alone, preliminary estimates them a powerful and strong and clear been able to return to their offices, dis- to the federal-aid highway system are and unambiguous signal that the Sen- rupting the ability of the State to de- well in excess of $500 million and likely ate and the Congress hear their cry. We liver critical State functions. will be much more. That is an incred- At least 90 public schools were either know of their anxiousness and distress ible amount of money for a small State directly damaged or inaccessible be- and we will respond and we will fight cause roads washed out and could not such as Vermont. For a State that re- about how to pay for this later—but be opened on time. Five public schools ceives a total Federal apportionment not now. remain closed until further notice. of $210 million annually, the scale of They need to hear from us now that This is but a short list of the devasta- damage relative to our State’s ability help is on the way. What they need to tion experienced by the State of to pay for it cannot be overstated. hear is that the fund will be replen- Vermont as a result of Hurricane Irene. Similarly, it is important to provide ished. What they need to hear—the I know that, as in times past, we will sufficient emergency funding for pro- mayors, county commissioners, and pick up the pieces and restore our grams such as community development Governors, Republicans and Demo- homes and businesses. That is what block grants, the Economic Develop- crats, from Governor Christie in New Vermonters will do. Vermont commu- ment Administration, the Emergency Jersey to Governor McDonnell in Vir- nities stick together in hard times, and Conservation and Emergency Water- ginia, who have given their support for it has been absolutely amazing to see shed Protection Programs at the De- funding disasters now—what they need the volunteer efforts taking place from partment of Agriculture, and the Dis- to do is not worry about us because one end of the State to the other. What aster Loan Program at the Small Busi- they have enough to worry about. They comes to mind now: police officers ness Administration. have roads to rebuild and neighbor- from the northern part of the State re- Additionally, given the significant hoods to rebuild and rivers to get in lieving their brothers and sisters in the impact of the floods on the stock of af- their banks. southern part of the State who are fordable housing, it is very important I heard today from Senator SCHUMER under stress. We are seeing that in al- to include an appropriation for the that in one of the canals—I think the most every area—strangers coming to HOME program, as well as an addi- Erie Canal—the lock is no longer con- help people whose homes and busi- tional disaster allocation of low-in- nected to the canal. That is how power- nesses were flooded. But the simple come housing tax credits. In Vermont, ful the water was. There is a lock and fact is, Vermont can not do it alone, more than 350 mobile homes were de- a canal, but they are not together. nor can any other State hard hit by stroyed or severely damaged, and many That is a problem not just for New disasters. The scale of what Hurricane trailer parks will never reopen. In York but for the entire northeastern Irene did is overwhelming for a State other words, we are going to have to transportation infrastructure, which of our size. The Federal Government make up for a lot of lost affordable and affects us all. has an important role to play in dis- lower income housing. As a Senator from Louisiana, I, of aster relief and recovery. Historically Let me conclude by saying this coun- course, feel particularly strong about it has, and today it has. try has its problems. We all know that. this because many of these Senators, When our fellow citizens in Lou- But if we forsake the essence of what Republicans and Democrats, came to isiana—and I see the Senator from we are as a nation—and that is stand- our aid 6 years ago when Katrina hit— Louisiana here—suffered the devasta- ing together when disaster strikes—if the worst natural and manmade dis- tion of Hurricane Katrina, people in we forgo that and no longer live up to aster because, as you know, it wasn’t Vermont, in a very deep sense, were that, I worry very much about the fu- just the hurricane that did us in down there for them. When the citizens of ture of America as a great nation. there on the gulf coast, it was the col- Joplin, MO, were hit by the deadly tor- With that, I yield the floor. lapse of a Federal levee system that nadoes, people on the west coast were The PRESIDING OFFICER. The Sen- should have held and didn’t and there for them. When terrorists at- ator from Louisiana is recognized. breached or broke or evaporated in 52 tacked on 9/11, everybody in America Ms. LANDRIEU. Mr. President, I places and left a major metropolitan, was there for New York City. That is wish to support the remarks of the internationally famed city underwater what being a nation is about. Senator from Minnesota, Mr. FRANKEN, and literally fighting for its very sur- The name of our country is the and the Senator from Vermont, Mr. vival—a metropolitan area of over 1.5 United—U-n-i-t-e-d—States of Amer- SANDERS, who have described beau- million people. ica, and if that name means anything, tifully several different aspects of this This country rallied, after a lot of it means that when disaster strikes one debate. Senator FRANKEN said: How is push from me and others and the pri- part of the country, we rally as a na- it that so many on the other side rush vate sector stood up and the nonprofit tion to support our brothers and sis- to support funding for wars and re- community was terrific. We still have ters. building in Afghanistan and Iraq and literally thousands of volunteers still

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.016 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5515 coming. It is so heartwarming. They chair the Homeland Security appro- caucus that was completed, the Sen- are coming to Louisiana and to Mis- priations bill. It is about a $42 billion ators from New York indicated, for ex- sissippi to help us rebuild. I just drove bill. As we know from marking the 9/11 ample, that the Mohawk River because the gulf coast 3 weeks ago—my hus- anniversary this past Sunday, that de- of the storms changed course. The Erie band and I. We said, let’s go see the partment was created after 9/11 to re- Canal lock doesn’t work. They are coast of Waveland and the coast of Mis- spond to new threats. We pulled dis- going to have to spend lots of resources sissippi and how it is coming along. I parate agencies together—tried to pull to get the Erie Canal back, which han- visit our neighborhoods regularly in them together. That is still a work in dles commerce in that part of the south Louisiana to see how they are progress. We have $42 billion. So we State. That is just one thing. coming along. Still, 6 years later, they budgeted for FEMA in that budget, in So the answer to my friend from are struggling. I don’t think there is 1 2003, $800 million. It was obviously not California is, yes, we need to get people house up for every 10 destroyed in enough. So then we went up because help now. People are desperate. Waveland today. disasters were increasing to 128. In 2005, Mrs. BOXER. Mr. President, taking That is how hard this work is. It Katrina hit and completely shattered back my time, I am very pleased we are doesn’t happen automatically. Mis- the model. The expenses of Katrina, having another chance at this be- sissippi is working hard and Louisiana Rita, and Wilma exceeded the entire cause—just for the information of the is working hard. I can only imagine budget of Homeland Security. It was public—we fell short of the votes re- how other States feel, such as Joplin, $43 billion just for Katrina, Rita, and quired to take up this emergency bill. MO, which was hit by a tornado with Wilma. The whole budget is only $42 I just looked up the meaning of ‘‘emer- winds that might have exceeded 250 billion. gency’’ in the dictionary. It says: miles an hour. That is unheard of. When people say pay for it out of our A serious situation or occurrence that hap- This is not time for my friends on the budget, we cannot do that. In some pens unexpectedly and demands immediate other side to sit on their hands or take cases, it exceeds the entire budget of attention. out their green eyeshade and pencil the country. It is not right to pay for That was Webster’s dictionary—no, it and figure out how we are going to pay past disasters with money we use to was dictionary.com. They have the for it this week. We have all year to prepare for future disasters. We have best definition, and I want to repeat it. discuss that. We need to send them beefed up base funding, but we don’t An emergency is a serious situation or emergency funding now and learn how have the level of base funding that po- occurrence that happens unexpectedly to pay for it later. tentially may be necessary. Now is not and demands immediate action. This is what our map looks like. the time—we can see—now is not the That isn’t a Democratic definition or Green is too pleasant a color for this time to keep the east coast waiting and a Republican definition or an Inde- map. This indicates the destruction—or Missouri waiting and the floods along pendent Party definition. That is what the number of disasters that have been the Mississippi River waiting and some an emergency is. To anyone who says declared by the President. For the first people in California waiting. Texas, don’t worry; if an emergency happens time, I believe, in our Nation’s history, might I say, has had 20,000 fires. This is we can take care of it just from our ex- a disaster has been declared in every not the time to keep the people of isting funds, that is not true. Senator LANDRIEU is our leader in the State but two—Michigan and West Vir- Texas waiting while we figure this out. Appropriations Committee, and what ginia. Michigan technically could be Eventually, we are going to have to fig- she told us in a meeting we just had a declared a disaster because it has been ure it out, but we don’t have to do it few minutes ago is that there is sup- under an economic disaster for several this week. port in her committee to fund FEMA— years but not a natural weather event. I see the Senator from California. I the Federal Emergency Management They most certainly are having very will yield to her, and then I will be happy to add a few more comments to Agency. They are the ones, as everyone tough economic times in Michigan. knows, who gets out there. West Virginia always has tough times the record. I thank the Chair and yield the floor. I will never forget the wonderful as one of our poorest States. The whole The PRESIDING OFFICER. The ma- James Lee Witt who headed FEMA dur- country is in need. jority leader. ing the days of Bill Clinton. He was out Why would the other side sit when Mr. REID. Mr. President, I ask unan- there with Senator FEINSTEIN and my- America is lit up with disasters? We imous consent that the motion to pro- self when we had earthquakes, floods, have to ask them to reconsider and ceed to the motion to reconsider the fires, and everything. There wasn’t move forward with the $7 billion help vote by which cloture was not agreed even a question. He knew we would re- now. Not only is it the right thing to to on the motion to proceed to H.J. build. He knew he could make those do and the moral thing to do and what Res. 66 be agreed to; that the motion to commitments. Americans do for each other and what reconsider be agreed to; that the time I will just say this: Senator LANDRIEU we should do, but it is all about—be- until 4:15 p.m. be equally divided be- held up a map that shows 48 States sides the moral aspect, which is obvi- tween the two leaders or their des- having been hit by horrible emer- ously the most important—there being ignees; and that at 4:15 p.m., the Sen- gencies, some that we never antici- a real immediate economic benefit to ate proceed to a vote on the motion to pated, such as a terrible earthquake this. If there was ever a jobs bill, this invoke cloture on the motion to pro- right here in this area, floods that had is it. I can promise you, having lived ceed to H.J. Res. 66. not been experienced since the 1920s in through this disaster recovery, it is The PRESIDING OFFICER. Is there Vermont, and California has had some like a shot in the arm for these com- objection? Without objection, it is so horrible problems, and we have had munities. Literally, every single dollar ordered. some terrible emergencies. The Presi- that leaves our hands and goes to Mr. REID. Mr. President, there are a dent worked with the Governor, and we theirs will be spent immediately on lot of things going on on Capitol Hill have these disaster declarations. But food, clothes, and building materials. this afternoon. We will make sure peo- now, because the funds we set aside This is the most direct stimulative job ple have ample time to vote, as long as just weren’t enough—and that isn’t creation we could do, and we need to do somebody doesn’t carry it to extremes. anybody’s fault, it is an emergency, a it now, this week, and send a strong The PRESIDING OFFICER. The Sen- serious situation that happens unex- signal to the House of Representatives: ator from California. pectedly—we have to move. Don’t fool around with disasters, and Mrs. BOXER. Mr. President, I ask the I have heard one of the Republican let’s get this job done. majority leader, before he leaves, I leaders in the House say we have to cut Let me just show you that when peo- didn’t hear all he said. Is this the fact spending to pay for this emergency. He ple say you haven’t provided funding that we are going to vote again on pro- has recommended a place to cut that for disasters, we have provided funding ceeding to a bill that will allow us to will cut jobs. It will cut jobs and it will in our base bill for disasters. I see the take up this emergency FEMA fund- stop us from being able to reinvigorate Senator from California, and I will be ing? our manufacturing sector. That is ri- just 2 minutes more. I want people to Mr. REID. My friend is absolutely diculous, unnecessary, and unwar- know we have budgeted for disasters. I right. We need to do this. During the ranted. We all know we are going to do

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.017 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5516 CONGRESSIONAL RECORD — SENATE September 13, 2011 deficit reduction. We all know there is cost more than $10 billion. It would So that is what this impasse is about. a smart way to do it. We did it when make it 1 of the 10 most costly disas- This isn’t about make-believe. This is Bill Clinton was President. We stopped ters in U.S. history. We have seen about real people who are cut off, shut spending on things we didn’t need, we record flooding on the Mississippi and off, businesses shut down, people laid invested in the things we knew would Missouri Rivers, and we have seen lives off, and suffering. So let’s not have a create jobs, and we asked the billion- lost and farmland devastated. political spat around here. This isn’t a aires to pay their fair share—thank Senators spoke in our caucus about partisan issue. When your neighbor’s you very much. what happened to their farmers. They house is on fire, you don’t haggle over So let’s not get this mixed up with do not have crop insurance for all these the price of a garden hose. You get the deficit reduction. We are on a path to crops. These particular crops were not hose out, connect it, and put the fire cut the deficit. We will cut the deficit. covered. One of our colleagues said: It out. We know how to cut the deficit. We did is bad enough we have to import oil The good news is we have people from it under Bill Clinton. We balanced the from other countries; do we want to both parties who are starting to realize budget, we created surpluses, and we start importing our food from China we have to do this. We have to send a had the debt on the downswing. But and be reliant on other countries for message to the House. An emergency is don’t confuse that with making sure our food supply? an emergency. We have to put aside our communities are OK. Right now, as I stand here, we have politics for the good of our country. The Senators from Vermont spoke brave heroes—our firefighters—bat- So I will close where I started, with today at our luncheon, and one of them tling wildfires in California and Texas. the dictionary definition of ‘‘emer- had tears coming down his face talking Here is a picture, because a picture is gency’’: a serious situation or occur- about a woman who was very ill in one worth a lot of words—here is a picture rence that happens unexpectedly and of their communities who had to go to of a fire raging out of control. The fire- demands immediate action. chemotherapy. It used to be a 5-minute fighters are as close as they can get to We all agree we have serious situa- drive in her car. Now she has to drive the flames. This one shows the Coman- tions in our great land. We all agree we an hour and a half in order to get her che Fire in Kern County. It has burned didn’t expect all of this. Although, if I treatment. So please don’t talk about more than 29,000 acres and is threat- might say with a different hat on—my making someone like that suffer even ening 2,300 homes in Stallion Springs, hat as the chairman of the Environ- more. Talk about what we can do as a CA. ment and Public Works Committee— nation when we pull together as Demo- The firefighters have gotten this fire we better understand that climate crats, Republicans, and Independents. 60 percent under control because they change is coming. We better under- I spoke at a memorial in my home- have had help from FEMA. They have stand what we are seeing now is going town on September 11, and when I put been able to get help from the Federal to be a new normal. It pains me to say together my remarks, I kept harping Government. But the fire season in we have done nothing in terms of ad- on the unity we had then. California has just begun. A lot of peo- dressing some of the causes. But guess Well, we need to be true to ourselves ple don’t realize that in our State Sep- what. Regardless of our views, as my and to our constituencies and to our tember and October are the driest and kids would say, we are where we are, beliefs, but there are moments in time the hottest months. So every wildfire and it is what it is, and this is what it when we come together as Americans. I threatens our communities just as this looks like in too many parts of our don’t know the party affiliation of that one. Right now FEMA barely has great Nation. woman in Vermont, and I could care enough funds to get through the next So an emergency is a serious situa- less. We need to help people who get couple of months. FEMA is running tion or occurrence that happens unex- stuck in these fires, in these disas- low on resources, and funds are so low pectedly and demands immediate ac- ters—in earthquakes, floods, and they can’t provide assistance for com- tion, and I echo the call by our Demo- droughts. I do not believe the Amer- munities that are rebuilding from past cratic leader for immediate action at ican people think when we have that disasters let alone respond to what is 4:15. I hope the phones will light up and kind of act of God—and that is the happening right now on the ground as everyone will call their Senators. It is legal term as well as a true term—they we speak. time to vote yes on our vote at 4:15 and are on their own. I heard the Lieutenant Governor of get on with this so people will know we Last night, our leader tried to move Texas complaining—complaining— stand with them in this greatest of na- to a bill that would allow us to take up about the situation in Texas, that they tions; that we don’t walk away from assistance to these people in desperate need more Federal help. Well, fine. He our people when they are suffering like need and keep our promises to those ought to call up his Senators and tell this. who were the victims of disaster in my them to vote with us today to get that I thank the Chair, and I yield the home State and other States. I believe Federal help. floor. I am correct that Senator LANDRIEU We have more than $380 million in The PRESIDING OFFICER (Mr. told us we have 48 States since January disaster recovery projects on hold—sev- FRANKEN). The Senator from New 1. So I don’t know, but I think my cau- eral in California. We had a tsunami York. cus is going to stand on its feet until March 11, 2011. We need the $5.3 million Mr. SCHUMER. Mr. President, I this is done. We are not going to back that has been promised to help commu- thank my colleague from California for off. nities in Del Norte, Monterey, and her poignant, eloquent, and appro- This is one Nation under God, indi- Santa Cruz, CA. This tsunami did dam- priate words. I thank the chair of our visible, with liberty and justice for all. age. Homeland Security Subcommittee I want to give justice to the people who Let me show a picture from the 2010 which handles FEMA disasters for the are struggling, who are suffering, and mud slide. In January and February of great work she has done. who pay their taxes. I want to help the 2010 in California we were hit by severe Mr. President, I spent several days, small businesses that are underwater. winter storms, with flooding and mud both this week and last week, visiting There is no liberty if someone is slides. You can see a very important the places in upstate New York that trapped in a house somewhere that is road has been blocked, again, shutting were so badly damaged. Upstate New cut off because the road went out. The off people. We have a lot of mountains, York is a large community. Without Senators from Vermont talked about so we have to cut through those moun- New York City and the suburbs we the roads that are impassable—impass- tains. Calaveras, Imperial, Los Angeles would still be about the eighth or ninth able. County, Riverside, San Bernardino, and largest State, and the eastern half of So last night we had a bad vote. We Siskiyou Counties were hit, and FEMA upstate New York has been unexpect- didn’t have enough votes. We need 60 promised them funding. They met the edly devastated not once but twice— votes. I hope anyone listening to the criteria, they had the level of damage, first by Irene and then by Lee. sound of my voice will call their Sen- and they are waiting. Right now they It comes on top of an awful season. ator and double-check how he or she can’t proceed without the $3.5 million Because we have had so much rain and voted because Hurricane Irene could they need to recover. the ground has been so wet when these

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.018 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5517 torrential rains occur—one a hurri- even our counties of some significant so many here on both sides of the aisle, cane, one a tropical storm—no ground- population, can’t absorb the millions will not say we are not going to step to water could be absorbed and it made and millions of dollars of damage. The the plate. America has always stood for things worse. Let me tell you a few of total estimate by our Governor is we disaster relief—always—because we are the things I have seen, just to share have suffered more than $1 billion of one Nation. We all have known that with my colleagues. damage from Irene alone, and of course when God-given disasters, way beyond We went to a small village in Lee moved slightly further west than the powers of mankind, come, no single Schoharie County. Schoharie County is Irene. community can take care of it them- a beautiful agricultural, dairy county, I visited a lock in the Mohawk Valley selves, and that is why the Federal and it is dotted by small towns like and the city of Amsterdam. It had been Government has traditionally stepped much of upstate New York. We have very damaged. On a dam that a bridge in and regarded it as an emergency and the third largest rural population in went over, the metal of the bridge, the we have stepped in. We haven’t had the country. Only Pennsylvania and steel girders were twisted out of shape. strings attached or conditions, or: Put North Carolina have larger rural popu- But locks 9 and 10 a little further it in this bill and we will give you a lit- lations than New York. We went down downriver are no longer functioning be- tle money now and we will see what a beautiful street, a nice typical street. cause the torrent of rain created such you need later. It could be a street you might see on swells that the Mohawk changed its FEMA, by the way, has done a great an Ozzie and Harriet-type TV series. course. So the locks are here and the job. I want to tip my hat to the people Every single house, street after street, river is here. of FEMA who did such a wonderful job. had all its belongings piled in front. The Erie Canal, one of our great But they are basically out of money. The water from Schoharie Creek had so pieces of history, is damaged so that it Right now in Missouri, none of the re- overflowed its banks that the entire can’t function. It won’t function for lief work continues despite the devas- town was flooded, not by a foot of quite a long time, even with Federal tation in Joplin, because they only water but by 3, 4, 5, 6 feet of water. Out assistance—I don’t know without Fed- have money to deal with the imme- front you see the lives of the people eral assistance what would happen—for diate emergency of Lee and of Irene whose lives have been so turned inside months and even years. that hit New York State. The FEMA out by the torrent of water. They have Then I went to Binghamton. Maybe workers are doing great, and the peo- lost thousands of dollars worth, each that was the saddest of all. Bing- ple, the volunteers I saw everywhere, family, at a time they can ill afford it, hamton is a city that has struggled. It everyone is pulling together. Why can’t but it is beyond that. It is the picture had IBM in its early days. IBM was this Senate and this Congress pull to- of grandma and grandpa at their wed- founded there. Nothing is left of IBM gether the way the people of our com- ding, the only one left. That is gone. It there, and the city is struggling. It is munities pull together when a disaster is the chair dad loved and sat in every at the confluence of two river valleys, hits? night when he came home from work. the Susquehanna and the Shenango, We had one gentleman whose house It is their lives wiped out in a few sheer and it had been terribly flooded in 2006. was gone but he hadn’t even been able moments. Senator Clinton and I visited. It was to tend to it because he was a skilled In this town in Schoharie County and awful—hundreds of homes, the sewage worker and he was tending to the in most of New York State, almost all, plant, the hospital, Lourdes Hospital. homes of others for 5 days. I saw him the evacuation plans were amazing. We Incidentally, Lourdes Hospital wasn’t and his sisters, and they even had some lost very few lives. In some counties, damaged because, again, FEMA, with humor about it. They were wearing with huge amounts of devastation, no remediation money after 2006 helped shirts, ‘‘Goodnight, Irene.’’ lives were lost in most. That is because supply some of the money for a wall We have to pull together. We pay on of the great emergency work of our re- that prevented the Shenango River an emergency basis, without looking lief workers. As bad as Schoharie Coun- from damaging the hospital. So it, for setoffs, for the war in Iraq and the ty was, because years ago FEMA had thank God, is functioning. war in Afghanistan. We build bridges installed their warning system and But then we went to the shelter, with there, we build roads there, we give aid warning sirens, people were able to get 500, 600 people who had been there for there. Now we are saying, When it out of their homes and avoid being days and have nowhere to go because comes to our American citizens, we are drowned. A dam that again we had pro- they lived in rental apartments in not going to do that any longer? What vided some dollars for, Federal dollars, downtown Binghamton, which was to- is going on? didn’t break. Had it, it would have been tally flooded. Every hotel and motel This afternoon we will vote simply even worse. But FEMA money to pre- room in Binghamton is taken. There on a resolution. To those of you not vent disaster has helped strengthen the are very few rental apartments. They schooled in the arcane ways of the Sen- Gilboa Dam. So the creek went over it have nowhere to go—nowhere to go. ate, it is called a motion to proceed. It and around it but not through it, and Maybe FEMA will come in and bring simply allows us to put legislation on that saved lives. trailers, as they did for your great the floor so we can aid these victims. I visited a place in Ulster County. State of Louisiana, Madam President. And it can be amended. If some of our These are vignettes. The town of But without FEMA, I don’t know what colleagues think this is wrong or that Shandaken is beautiful, in the foothills these people will do. is wrong, they can debate it. But to- of the Catskills. There is a major road They have food. The Red Cross is day’s vote will say whether we should that connects one part of Shandaken to doing a great job. But they have noth- even begin to move to cover this, and the other, a county road. As you are ing else. Their homes are gone, their we are getting it blocked. On last driving along, it is newly paved mac- belongings are gone, their clothes are night’s vote, six of our colleagues from adam. All of a sudden you see the yel- gone. One gentleman came over to me the other side of the aisle joined us, low strips to prevent you from going and said, I would just like to try to get but not enough. further and there is a 30-foot gash in to my bank—which is closed and flood- And so here it is. This is not me the road, totally gone—30 feet. But ed—so I can take a few dollars out so I speaking, this is the AP, almost uni- what is astounding is it is 20 feet deep. can buy some slippers. It is awful. versally regarded as a nonbiased news At Esopus Creek, the waterway there What does this mean policywise? It source: Republicans block Senate dis- changed its course, went through not means America cannot ignore these aster aid bill. just the macadam, not just the under- people. The people of New York, when What is going on? They don’t block lay that holds the road, not just the Louisiana had trouble, didn’t say: Our bridges and money for the war in Af- dirt fill of a foot or two, but through tax dollars shouldn’t go to Louisiana. ghanistan and Iraq, to help rehabilitate the bedrock, through 10 feet of bed- The people of New York did not say, those communities, and they are block- rock. It will take years to bring this when there were terrible tornados in ing this, for help in Missouri and Lou- road back, and it is a cost the town of Joplin: Our tax dollars should not go to isiana and New York and Vermont and Shandaken can’t afford. Our little Joplin. And I hope that the people in the Missouri River Valley up through towns, our little villages, our cities, the rest of the country, represented by the Dakotas, the State of Missouri?

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.019 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5518 CONGRESSIONAL RECORD — SENATE September 13, 2011 What is going on here? This has never Ms. LANDRIEU. I thank the Senator That is what I wanted to say. I will been a partisan issue. from New York for those very descrip- have more to say, but I think these pic- Republican Governors whose States tive and moving comments about his tures speak 1,000 words. Again, FEMA have been hard hit have called for help. State, and particularly the part of his is out of money. I don’t want anybody Chris Christie, hardly a wallflower, State that we don’t hear a lot about. coming here to vote to say: I didn’t hardly someone who doesn’t relish a That is why we depend on the Senators vote because FEMA has money. They partisan battle when he thinks it is to speak the truth about what is going are out of money. They are stopping right, but to his credit, when he thinks on and what they are seeing. I know projects all over the country because it is wrong: the Senator from New Jersey is here to all they can basically do is have Our people are suffering now and they need speak, but pictures are worth a thou- enough money to pay those immediate support now. And they, Congress, can all go sand words and I wanted to put this needs on the east coast. Joplin, MO, down there and get back to work and figure chart up. I hope the cameras can grasp has been told: No, you have to wait. out the budget cuts later. the horror of all four of these pictures. Louisiana, on the gulf coast, has been That is Governor Christie. What is I think most telling about told: No, you have to wait. We are Governor Bob McDonnell, a well- them is they are all from a different happy to wait a few weeks. We under- known conservative: State in a different part of the country. stand the dilemma. But this cannot go My concern is that we help people in need. This picture is of Joplin, MO. I on week after week, month after I don’t think it’s the time to get into the haven’t myself personally been to Jop- deficit debate. month. We have to pass a bill for an en- lin, but before the year is out I will go, tire year and not have to come back to Are my colleagues on the other side and I think other Senators should go of the aisle listening? Let us begin to it. see what has happened in one of the I see the Senator from New Jersey on debate this bill. Let us move forward, great tornado disasters in the history and let us fund FEMA fully. Let’s not the floor, so I yield the floor. of our country. The PRESIDING OFFICER. The Sen- put something in the CR and say, Well, This picture, which almost brings ator from New Jersey. in a month from now we will debate it. tears to my eyes because it looks ex- Mr. MENENDEZ. Mr. President, I ap- We all know CRs get tied up. FEMA actly as Lake Pontchartrain looked in preciate the passion of the Senator has run out of money now—now. So the city of New Orleans, I believe is from Louisiana and her personal expe- this vote will be a vote that determines from Irene, from North Carolina. It is rience from Louisiana on the con- whether we keep the American tradi- heartbreaking. I am sure this is a fam- sequences of disaster. She speaks from tion of helping one another in a time of ily who was on the coast, and every- firsthand knowledge and speaks for all disaster here in America; and a vote no thing they had is destroyed. It really is of us in this respect. says, no, I don’t want to do it. A vote quite moving. I rise today because we as a nation no says I am not going to proceed to This is a picture on the Mississippi have always come together to help even debate the bill. A vote no is River, I am not sure in what county. against the greatness of America, in But when our Senators come to the each other in times of crisis without my opinion, because we always have floor to talk about rural areas and the question, without politics. In my 20 stood for helping people, being one Na- devastation, at least in Missouri, you years between the House and the Sen- tion, under God, indivisible. When a can walk down the street and find a ate, I never questioned, in the midst of part of the country desperately needs neighbor whose home was equally de- a disaster somewhere in the country— help, we all pull together to help them, stroyed and at least get a hug. Out here which, fortunately, for the most part knowing that if, God forbid, it happens in these rural areas, you are by your- has not been New Jersey—casting my to us down the road, the Nation will be self. It could be miles between your vote to support those fellow Americans there for us. house and your neighbor’s home. You who found themselves in urgent need I was just at the 9/11 memorial serv- cannot even find the church where you because of natural disasters having ice, the tenth anniversary. It was a worshipped together on Sunday. nothing to do with any control they time when we all pulled together. Here is Texas. We prayed for the rain had whatsoever. George Bush did not ask, when we were last week to go west to Texas. It hit This is not the time to politicize dis- in the Oval Office and said New York Louisiana again. They are the ones aster aid. It is not who we are or what desperately needed $20 billion, Is it a who need it, but they cannot get it. we expect this Nation to be. Our goal blue State? How are we going to pay There were 20,000 fires in Texas. There when disaster strikes is to unleash the for it? He stepped to the plate. He was were thousands of homes burned up. full force of the Federal Government to a patriot and he said: This is what Before everybody starts to think, help families in trouble and commu- America must do. what is the great help—yes, FEMA is a nities in ruin, not to score some polit- That was a manmade disaster, an great help. But let me put this in per- ical points by slowing relief and calling awful disaster. Far more lives were lost spective. You get $2,000 a family— it responsible fiscal policy. In the wake than now. But it is not a different $2,000—to help buy a toothbrush, of a storm, when the floodwaters rise, issue. This is a disaster, and people are maybe a few pieces of clothing, some when the winds blow, when the storm hurting and people need help. The atti- initial toiletries, et cetera, and you get surge rushes in, we should not be ral- tude of President George Bush hope- $30,000 for some immediate needs. It is lying our political base; we should be fully will be the attitude of our col- not as if we are trying to send people $1 rallying the full force of emergency re- leagues across the aisle, that they million a house. How can people stand sponders to help. won’t block the bill, that they won’t in the way of $2,000 for immediate In the last few weeks, the east coast find seven excuses, or say, We will give needs and $30,000? If you had a house has suffered an earthquake, a hurri- you a little of the money a month from that was worth $150,000 and you ran a cane, and some of the worst flooding now in a continuing resolution, when little printing business and you lost my State has seen in years—a 100-year the money is desperately needed now. both, the most you could get out of flood. I received a letter from a con- In conclusion, this vote is a crucial this bill is $30,000. Do they think we are stituent in Moors Landing, in Mon- vote that says: Are we the same Amer- being too generous? It is minimum sup- mouth County, who wrote: ican people we have always been, who port. I want to make that clear—min- Dear Senator MENENDEZ, look out for one another, who help one imum support. I live in Moors Landing, a development of another in a time of need, regardless of Some people are lucky enough to homes in Howell Township, Monmouth Coun- party and regardless of bickering and have insurance. If the insurance com- ty, New Jersey. Our community is in great everything else? This vote will deter- pany steps up and does not try to pull need of assistance. One section of our com- mine it. I urge a strong bipartisan vote out the fine print, as they did in munity was devastated by flooding from an Katrina, and come up with 100,000 ex- overflow of the Manasquan inlet on August for the resolution that we will vote on 20 and 21. Homes and property were de- in an hour. cuses why they can’t fund the homes, stroyed, and the families and lives of those Mr. President, I yield the floor. maybe they will get homes. This isn’t homeowners were terribly disrupted. The PRESIDING OFFICER. The Sen- us just trying to dump millions of dol- Then, after the first calamity, Hurricane ator from Louisiana. lars on people who do not deserve it. Irene brought further destruction to this

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.019 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5519 same section of our community. But in addi- Wayne, and in so many other places in BERG and I took the same view, and tion to that repeated damage, Irene brought New Jersey and across this country. Governor Christie took the same view. damage to a second section of our commu- Some of these people have to start We don’t want to get into the politics nity. Hurricane Irene, in addition to the added over, start their lives over. of budget debates or whether this homes and property damage, forced many of FEMA, along with other Federal, should be offset later on. That is a our residents to be evacuated in order to State, and local officials, needs the re- question for later on. The question avoid drowning in the rushing flood waters. sources necessary not only to move in right now for people who find them- This second catastrophe added to the misery as quickly as possible to deal with the selves without a home so we can knock and hardship suffered from our affected crisis but the resources necessary to on that door is, Is the Federal Govern- homeowners who lost their furniture, their deal with the aftermath—politics not- ment—the one I pay my taxes to, the carpets and flooring and everything in the withstanding—because when one com- one I swear an oath of allegiance to first floor of their homes, their furnaces and munity is in trouble, we are all in trou- air conditioning units, and all of them have every day—is it going to respond to me to tear down their water damaged walls to ble, and we pull together. now? avoid mold and dry out their homes. Frankly, I cannot believe there are I did not question the need to re- All of this devastation and loss comes at a those in this Chamber and in the other spond to tornadoes in Joplin, floods in time when our people already are finding it body who see this as a political oppor- the Dakotas, or the terrible con- difficult to make ends meet. These people tunity, those who would focus on the sequences of the hurricane in Lou- have no money to take on the added costs of politics of relief even in the face of isiana or any other place in this coun- repair; and now there is no one who would families who have watched their lives try, and I do not expect that my col- even buy their homes. So they are stuck wash away, their property in ruins, and with a true nightmare scenario—no money leagues now will say no to their fellow to fix things and no way to sell the homes. their communities devastated. Americans who need help now in New We need your help. I understand Federal New Jersey suffered severe damages Jersey and in other States along the funding from FEMA is available, and we ur- and left families, already struggling, east coast. It is simply not the Amer- gently need your assistance in securing these with another challenge. It is up to all ican way to not support the funds nec- funds for our neighbors so that these people of us to help them. Irene was a power- essary and deal with the challenges can move on with their lives. ful storm, but what we have learned is these families have now. That constituent, a fellow American, that there is nothing more powerful Let’s keep our eye on the ball. There deserves to know that her government than what unites us as a community. It are families in real need, really strug- will be there to help, that relief is on is in times such as these, when families gling in ways we cannot imagine. We the way, not held up in Congress to sat- and small businesses are trying to re- have a real ability to put politics aside isfy some ideology or political agenda. cover, that we appreciate the role of and do what is right. We will have that When disaster strikes, Americans professional, well-equipped, well- opportunity very shortly. Let’s do come together. We do not hesitate. We trained local, State, and Federal boots what is right. Let’s get this money to do not ask why. We do not wait. We on the ground. the Federal agencies that can help turn rush to our neighbors and do all we can In my view, one of the most legiti- around these people’s lives. That is the to help them rebuild. After the damage mate and nondebatable roles of govern- American way. That is the vote we will and flooding Irene caused, we came to- ment—clearly, I have heard many of have later today. gether as we always do—as a commu- my colleagues refer to this in a dif- I yield the floor. nity, each of us working together to ferent context—is the security of our The PRESIDING OFFICER. The Sen- help others. people. If you are homeless as a result ator from Louisiana. I had the opportunity to tour the of a disaster, you have a security prob- Ms. LANDRIEU. I thank the Senator flooded areas of New Jersey with the lem. In my view, one of the most legiti- from New Jersey for adding his strong Army Corps of Engineers. Then we mate and nondebatable roles of govern- and powerful voice to this. I wished to went to Patterson. This is a picture of ment is to provide a helping hand to a clarify a few points that I think are Patterson, NJ, and these responders citizen when there is nowhere else to important for people to understand. are on a boat, with the President and turn. Yes, we have to do all we can to First, for those who might be engag- Governor Christie of my State, to as- keep our economy moving, create jobs, ing in or listening to this debate, we sess that damage. and reduce the deficit. We have to are going to have a vote in about an After 5 days of flooding, there were make cuts where we can. But in the hour or so, and if we do not get 60 still those who were homeless, trying face of disasters, we cannot say no to votes, we will likely not be able to re- to put the pieces of their lives back to- families who have lost everything. We plenish the FEMA coffers that are vir- gether. As we flew over the area with cannot say no when floodwaters are tually empty. The Federal fiscal year, the President that day, we could see rising, homes are lost, possessions are to remind everyone, does not start Jan- mud lines on homes indicating how piled in the streets, and families are uary 1. It starts October 1. We run on a high the floodwaters had reached. picking through the mud to put what- fiscal year, not a calendar year. We are Then, tragically, we saw home after ever pieces of their lives they can find coming to the end of our year in Sep- home where everything, up and down together once again. We are not a na- tember, this month. FEMA has run out some streets—all the personal belong- tion that ties helping them recover to of money in the last 11 days. I wish to ings of residents had been put out as the politics of the moment. We are not submit for the RECORD—this is just an trash, cherished pieces of their lives a nation that leaves our neighbors 11-day count, $387 million worth of lost, ruined. alone in the time of tragedy. We do not projects that have been halted because Paterson was particularly hard hit. stand down in times of crisis, we step FEMA is stretching the few dollars it Ironically, the river that once fueled up. has have left to cover the emergency the economy of Paterson washed out We in New Jersey are grateful to the needs, literally, of meals and shelter bridges, dams along the river were President for coming to Paterson and for the people on the east coast. badly damaged, and power was knocked to Wayne and for the rapid and effec- In other parts of the country where out for days. With the latest rains, tive response of FEMA and State and there are jobs underway, rebuilding flooding again took place even after local officials, after Irene, to families highways, rebuilding libraries, rebuild- Hurricane Irene. So the water may who have lost so much. But any at- ing schools, rebuilding sewer systems, have receded, but the consequences tempt to slow relief to these families water systems, et cetera, those have not. is, in my view and in the view of Gov- projects have been sent a pink slip, ba- We have been very pleased with the ernor Christie of my State—any at- sically, from Washington saying cease Federal response so far, a response that tempt to politicize this disaster to ad- and desist. You know what the worst should have nothing to do with poli- vance an ideology at the expense of all thing about that is, it is not necessary tics, nothing to do with political budg- we stand for as a nation is not accept- if we would immediately act and refill et debates in Washington, and every- able. this coffer so these projects can get thing to do with the real needs of fami- The President said we will do what is started immediately. What is very bad lies in Paterson, in Lincoln Park, in necessary to respond. Senator LAUTEN- about this pink slip is that this $387

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Alabama ...... 7,378,107 Arkansas ...... 3,659,364 measure, owed to private small busi- The point is, when disasters happen, Arizona ...... 464,032 ness people or medium-sized business just fund what we have committed to, California ...... 9,357,469 people or, in some cases, large busi- which is a base benefit package to peo- Connecticut ...... 176,225 nesses that are in the process of fixing ple. As I said, no one is going to get Florida ...... * 65,879,997 the library. In the last 11 days, because rich off $2,000 and $30,000 to help people Georgia ...... 2,698,257 of some ideology here, some sort of po- get themselves started. Hopefully, Guam ...... 2,205,346 Hawaii ...... 322,892 litical party agenda, they have re- their insurance comes in, nonprofits Iowa ...... * 67,500,580 ceived a pink slip that says: Stop work. step up to help. They can maybe dig Illinois ...... 2,930,339 If these companies that have already into a little bit of their savings. Indiana ...... 1,173,802 purchased the lumber or purchased the This is as much a jobs bill, it is as Kansas ...... 1,596,523 concrete or purchased the pipe to build much a business bill as it is a bill that Kentucky ...... 3,405,166 the project do not get paid soon, they is the right moral thing to do for peo- Louisiana ...... * 55,534,418 ple. It is not because Democrats do not Massachusetts ...... 256,659 will go bankrupt. Believe me, I have Maine ...... 73,640 companies in my State that have gone know how to budget. I am so tired of Minnesota ...... 7,334 bankrupt because the Federal Govern- being lectured on the other side about Missouri ...... 4,259,033 ment is a notoriously late payer even Democrats don’t know how to budget. I Mississippi ...... * 69,992,729 under good conditions. This is not what would like to remind everyone the last Montana ...... 4,093,487 I would describe as a good condition. time this budget was balanced, we had North Carolina ...... 92,517 This is a terrible condition. So the a Democratic President. Democrats North Dakota ...... *17,596,388 Nebraska ...... 1,373,076 other side needs to think about the pol- can balance budgets. I was a State New Hampshire ...... 129,251 itics of this. This is not just a moral treasurer for 8 years, and I did a lot to New Jersey ...... 1,293,220 question, it is a business question. help my State get back on a strong fi- New Mexico ...... 88,333 There are many dimensions to this nancial footing. I am proud of my New York ...... 3,343,581 question. We have basically sent a record and so is every Democrat here. Ohio ...... 286,364 cease-and-desist order to $387 million It is impossible to predict in advance. Oklahoma ...... 10,947,565 worth of contractors and businesses What we could do is what we always Oregon ...... 8,831 Pennsylyania ...... 577,858 that might not be in New Jersey or af- do, send help. Help these companies Puerto Rico ...... 1,952,676 fected in Vermont but are working on and help these people get jobs, put peo- Rhode Island ...... 80,300 a project. They have a work order from ple to work in America. Do the right South Dakota ...... 470,895 the Federal Government, only to find thing. Over the course of the next 6 Tennessee ...... * 37,277,063 out, sorry, Congress cannot decide how months, as our big committee is work- Texas ...... 5,153,160 to pay, so good luck trying to make ing and trying to figure out lots of big Utah ...... 765,107 your payroll on Friday. This is wrong. problems we have—and this is one of Virgin Islands ...... 220,229 Vermont ...... 734,275 The second argument I would like to them—we can have time to sit down Washington ...... 1,028,188 make to the other side when they are and figure out, based on this reality, West Virginia ...... 477,992 considering this important and signifi- what we should do. If anyone has a sug- cant vote is, when the other side says gestion, please come to the floor now. Total ...... $387,241,239 to me: Well, we need to budget for it, I My committee has been talking * Small business. would like to budget for it, but I do not about this for 6 months, and I wish to Ms. LANDRIEU. Every day this list have a crystal ball. I think I am a pret- say thanks to my cochair, Senator is going to get bigger and bigger. All ty good Senator, but one thing I do not COATS, who serves with me on the this is is a pink slip to someone unre- do very well is predict the future. I Homeland Security Appropriations lated to the current emergency. They sometimes have instincts about it, but Committee. We have been thinking are working on emergencies from 3 I am not a fortune teller, and one about this for 6 months. He voted yes years ago and now they are being put would have to be a fortune teller to see yesterday because he knows there are out of work because of this bullheaded- what is happening. not many good options out there. Can ness that is coming from someplace. I This is not MARY LANDRIEU’s opinion. we find a way? Yes. Can we find it this hope we can break through on that These are the facts. In 2003, we needed week? No. We might not even be able today. less than $1 billion to fund all disas- to find it in the next 30 days, but I am Again, these pictures are difficult to ters. It was a relatively mild year. Had confident that over the course of the see, but I think it is worth seeing them we put $2 billion in the budget, we next month and year we will find a way again. This is what people look like would have had $1 billion extra. The to pay for it. who are listening to this debate—this next year it jumped to $5 billion. The Right now people in New Jersey and family sitting on those steps. Someone, next year it went up to $45 billion. It Vermont and Louisiana and Missouri either they or their neighbor, is going broke all records. The next year it and Minnesota and North Dakota do to say: Did you hear Senator LANDRIEU went down to $12 billion. The next year not want to listen to this. They want on the floor? Did you hear the Senate it fell to $8 billion. How are we on the to tell their kids: Yes, we are going to debate? Why would the Senate of the Appropriations Committee—DANNY rebuild. They want to tell their em- United States be arguing whether we INOUYE is a fabulous chairman from ployees: Yes, we are going to put our can get aid? Aren’t we building in Af- Hawaii and THAD COCHRAN is a terrific business back. They do not need to lis- ghanistan and Iraq and we are not Senator from Mississippi, but neither ten to this and they should not have to. going to build in North Carolina? I THAD COCHRAN nor DANIEL INOUYE can I am urging a strong vote at 4:15. think they are sitting on the Outer predict a year and a half out what the Again, we have, in the last 11 days, $387 Banks of North Carolina thinking: disasters are going to be and budget ac- million in projects that have been What is going on in the Congress? Peo- cordingly. stopped. ple are going to be angry, believe me. Even if you can’t motivate yourself— I ask unanimous consent to have I do not know what we are going to some people here—to vote for people printed in the RECORD the summary of tell them. What are we going to tell because they need help, just look at projects on hold due to the immediate them if we vote no on this? Are we the argument on the finances. We do needs financing decision as of Sep- going to tell them we do not have the not know in advance. We could set tember 9, 2011. money? Are we going to tell them we aside some money, maybe more than There being no objection, the mate- cannot figure out how to budget it? the $1.8 billion we have. I do not dis- rial was ordered to be printed in the We will figure it out later. We have agree there, but we still would have RECORD, as follows: to, eventually. Every bill we enter into

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.022 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5521 has to be paid for, eventually. You gently Senator LANDRIEU has fought to In Cranford, NJ, we see another dis- know that, Mr. President. We do not make sure that when we have a prob- aster scene. Here we have what looks have to decide that this week. lem, we ask the government with a like debris piled up. This debris was Let’s tell them yes. Let’s do the right clear conscience to do its share in help- furniture. It included beds, cribs, and thing and let’s get help to Joplin, MO. ing us cure the problem we get. refrigerators. It included all kinds of Let’s get help to our rural commu- On Sunday just passed, we marked things—people putting their wares out nities that sometimes get very forgot- the 10th anniversary of the September on the front lawn, furniture never able ten. Let’s get help to our folks in 11 terrorist attacks. On that terrible to be used again, the houses themselves North Carolina and to our people in day, 10 years ago, we were reminded often not being able to be entered Texas who have been suffering terribly that when tragedy strikes one part of again. over this, and let’s do it now. our country, Americans pull together This picture shows the damage in Let me share another quote that I to respond. When our enemies and Bound Brook, NJ, and the high level of think is particularly significant. The Mother Nature sends us their worst, the water as it compares to the build- Senator from New York talked about Americans are at our best. ings constructed there. With Hurricane Gov. Bob McDonald, a conservative Re- In the wake of recent storms across Irene, we witnessed nature’s power to publican from Virginia. He said fund it the country, including Hurricane Irene destroy. Now it is time to see the Fed- now. Another Republican Governor, in my State of New Jersey, we see this eral Government’s capacity to repair, New Jersey Gov. Chris Christie said: same American spirit of cooperation rebuild, and restore. Let’s fund it now. It is not a Republican or coming through. Unfortunately, we Even before this hurricane struck, Democratic issue. learned that the spirit of neighbor FEMA’s primary source of funding for I wish to read what Gov. Tom Ridge, helping neighbor stops with our Repub- cleanup and recovery—the Disaster Re- the former Governor of Pennsylvania lican colleagues. We saw a shameful lief Fund—was barely on life support. and the first Secretary of Homeland display where all but a handful of Re- The tornadoes and flooding that Security, a staunch Republican, said: publican Senators voted to block con- wreaked havoc across our Midwest and sideration of an emergency disaster re- Never in the history of the country have South earlier this year, along with we worried about budget around emergency lief bill. They chose not to let our gov- wildfires and other disasters, depleted appropriations for natural disasters, and, ernment do its share in curing a prob- the funds. That is why, in my role as frankly, in my view, we shouldn’t be worried lem that enveloped much of the coun- vice chairman of the Homeland Secu- about it now. We are all in this as a country. try. They have chosen to use disaster rity Appropriations Subcommittee, I And when Mother Nature devastates a com- relief victims as pawns in their polit- helped to craft a bill to replenish the munity, we may need emergency appropria- ical gamesmanship. Disaster Relief Fund. tions and we ought to just deal with it and Make no mistake. The disaster relief then deal with the fiscal issues later on. The Appropriations Committee ap- bill is a critical lifeline to the families proved this bill last week, and majority He is a very influential leader in our who are struggling to pick up the leader understood the ur- country and was the first Secretary of pieces of their shattered lives after gency of the situation and brought Homeland Security. He ran the FEMA Hurricane Irene. emergency disaster relief legislation to budget. He understands what is at Early estimates suggest this violent the floor right away for us to con- stake. storm could be 1 of the 10 costliest sider—putting money into the relief Please, let’s not make this a partisan storms in U.S. history, with damages fund so we can deal with the tragedies issue. Let’s get a strong bipartisan that exceed $10 billion. This is some of that have hit so many people in so vote; the Senate can be very proud of the worst flooding in a century, and it many places. that; and then we can negotiate the is a serious emergency. issues with the House. I will work with Hurricane Irene produced devastating What happened in the Senate yester- the House leadership to say there are floods in New Jersey and other States day? Republicans filibustered our at- several ways we can pay for this. We along the east coast. A major tropical tempts. I think everybody across can debate it over the course of the storm followed days later causing even America has learned about what the next several months and maybe come more damage. In New Jersey alone at word ‘‘filibuster’’ means. It means up with a new way. I know one thing least 11 people were killed, and count- stopping things, blocking things. They we cannot do is take it out of the De- less families were displaced after their blocked our attempts to even allow an partment of Homeland Security. Our homes were destroyed. emergency disaster relief bill to be budget would be devastated, and it President Obama has declared the en- considered. What kind of foul play is wouldn’t be fair to all the perimeters tire State of New Jersey—all 21 coun- that? They talk about saving money, and the security and our ports and our ties—a Federal disaster area. Earlier and they talk about cuts. It is out- firefighters to use their money to pay this month, the President came to New rageous. for past or present disasters. We could Jersey to see firsthand the destruction Some of them have claimed the bill potentially find the money somewhere that Hurricane Irene has caused. I would cost too much. But we all know under some new mechanism, but let’s joined him on his tour of Paterson, NJ, the widespread damage that occurred not make the people of the east coast, my hometown, and one of the cities hit demands a strong Federal response. We the people of Joplin, MO, and the peo- hardest by flooding. We witnessed un- have to provide FEMA with the re- ple of Louisiana, in the floods that we forgettable images. The streets and sources it needs to help New Jersey’s have just gone through ourselves, sidewalks were covered in mud, and in- people, businesses, and communities scapegoats. We will figure out there is side homes—I saw it personally—mud recover and rebuild from this disaster. time for debate later, but the time for covered the second floor of some. That This bill also helps disaster victims action is now. is how deep the water was. Fourteen- in all 50 States—not just the States af- I yield the floor. foot crests followed what at times were fected by Hurricane Irene. Every State The PRESIDING OFFICER. The Sen- very tepid streams. Walls were stained has experienced disaster in recent ator from New Jersey. by high water marks. This picture years, and FEMA is working in every Mr. LAUTENBERG. I ask unanimous shows some of the damage in the city State to help these communities re- consent to be able to speak for up to 10 of Paterson. Perhaps it is difficult to build and recover. So if we fail to pass minutes. see, but what we are looking at is this bill, every State is going to suffer The PRESIDING OFFICER. Without water—water everywhere—and it is en- because if we can’t help one State, we objection, it is so ordered. tirely enveloping homes and businesses can’t help any States, and that is an Mr. LAUTENBERG. Mr. President, I and the community. unacceptable condition. listened carefully to our colleague Paterson is not alone. This is a scene The fact is, the victims of Hurricane from Louisiana and note a particular in Boonton, NJ, where we see the road Irene and other recent disasters have distinction that her State brings; that was washed away and people can’t enough to worry about. They shouldn’t is, the number of natural disaster prob- move from one part of the town to the have to also wonder if their govern- lems that State has had and how dili- other. ment is going to stand behind them.

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.023 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5522 CONGRESSIONAL RECORD — SENATE September 13, 2011 I wish to be clear. The Federal Gov- Mrs. SHAHEEN. Mr. President, I ask side the home. So with his layoff, they ernment plays a critical role in dis- unanimous consent to speak for up to have lost their entire income, and now aster relief efforts, and we have a re- 10 minutes. their home is so damaged they are wor- sponsibility to provide funding to help The PRESIDING OFFICER. Without ried about being homeless. They have communities rebuild and to make sure objection, it is so ordered. no money to rebuild. Without FEMA the job gets done well. Mrs. SHAHEEN. Mr. President, I join assistance, this family could indeed For decades the Federal Government my colleague, Senator LAUTENBERG, wind up homeless. has had a track record of extending a and the others who have come to the Hundreds in the West Lebanon area helping hand to victims of natural dis- Senate floor this afternoon to talk in the western part of the State across asters. This includes more than $11 bil- about the importance of getting help the river from Vermont may be out of lion in emergency funding to help for people who have been hit by disas- work for months. Peg Howard, who Texas, Alabama, Louisiana, and other ters. owns a boutique gift store in the area, States recover from hurricanes or A little more than 2 weeks ago, Trop- told the Upper Valley News, which is flooding in 2008. Last year we approved ical Storm Irene came barreling the newspaper that serves Lebanon, more than $5 billion in emergency through New Hampshire just as she that she fears damage from Irene will funding to help States such as Ten- came barreling through Vermont and put her out of business. As a small nessee and Kentucky recover from New York and New Jersey and North business owner, she has no parent cor- floods. The people in these States des- Carolina and so many other States poration to help her recover, so assist- perately needed our help, and Congress along the east coast. The storm ance from FEMA and other Federal responded. We have to do the same dumped as much as 8 inches of rain in programs may be her only option as now. parts of New Hampshire, and the dam- she tries to rebuild her business. It is hard to understand why people age to property and infrastructure, es- Peg and the hundreds of others in on the Republican side in the House pecially in the northern part of our New Hampshire and the thousands and in the Senate don’t step up to their State, was significant. The surging across the country who have been dev- responsibilities. What are those respon- waters and high winds destroyed roads astated are taxpayers, and this is their sibilities? Those responsibilities are to and bridges, damaged thousands of government. They help pay for it. protect and secure the safety of our homes, left nearly 200,000 without Their tax dollars help fund our govern- people. Without that, the country isn’t power, devastated businesses, and ru- ment, including FEMA. They have the quite what it should be by all meas- ined crops. right to expect that FEMA will be ures. We have to do what we have to While the devastation was terrible, I there when they need help. do, now. wish to begin by commending those It is not only sad but it is an outrage As we fight our way out of a reces- dedicated first responders and emer- that some Members of Congress would sion, this is no time to play politics gency personnel who kept our residents deny those people who have been so and penalize people who are struggling. safe and well-informed throughout the hard hit by Irene and so many other Moments such as this demand shared storm. I am also grateful for the tire- disasters this year—that Members of sacrifice. We face serious challenges in less work of road crews, utility work- Congress would deny them help in their our country, but we cannot put a price ers, and volunteers from across New time of need, and for no good reason. on a human life and say, well, if it Hampshire who began helping families The reason is pure partisan politics. It costs a lot over there, we are not going and communities rebuild just as soon is plain and simple. to do that to save people. Nothing is as the storm passed. Their hard work Even in the best of circumstances, more important than keeping our fami- and community spirit are deeply appre- the costs of Irene would be a signifi- lies, our economy, and our commu- ciated. cant burden for New Hampshire to nities safe. For many of the towns hit by Irene, shoulder alone. Thankfully, President So I call on my colleagues to put this is the third major flooding event Obama quickly granted Governor aside the Republican cloak, put aside of the year. It is the 7th in the last 2 Lynch’s request for a major disaster the savings we think we can make from years. These have been devastating declaration. A number of Federal agen- avoiding our responsibilities because floods. cies, including FEMA, are now on the no money is going to be saved. The I have a picture of the town of Plym- ground providing essential assistance costs are going to be there, and the outh, a beautiful community in north- as we begin to restore our State’s misery is going to be extended. ern New Hampshire where Plymouth homes, businesses, roads, and utilities. So I urge us all to join to approve State University is. What we can bare- But New Hampshire is hardly alone this bill. Few of us, if any, are exempt ly see in this section of the picture is in the need for assistance after Hurri- from the possibility of disaster in our the new ice hockey arena for Plymouth cane Irene. Other parts of the country States. So let’s put the politics aside State that was just completed about a are still rebuilding from disasters ear- and make sure our first priority is year ago. It is a beautiful, state-of-the- lier this year, such as the devastating helping people—helping individuals, art arena that, unfortunately, was tornado in Joplin, MO. Soon FEMA’s helping families, helping the commu- flooded by these floodwaters. Of course, disaster relief fund, as we have already nities—and keeping functions going to we can see other damage to the town. heard this afternoon, which was al- permit our society to work. Many of the homeowners in the com- ready running low prior to the storm, With that, I close out my comments munity of Conway, on the other side of will no longer have the resources need- with wonderment as to what we have the State, are people who suffered some ed to continue meeting recovery needs. seen with the hard shell, heartless atti- of the worst damage and are elderly In the last 2 weeks, FEMA has spent tude about providing FEMA with the and disabled. They are people who are $300 million providing relief to States money to repair the results of disaster. living on fixed incomes, who are least hit by Hurricane Irene. Less than $500 It is almost incomprehensible. We able to recover from this kind of dis- million remains, which may not be heard a cry from one of the leaders on aster. enough to see us through the end of the the Republican side in the House to Others affected by the disaster are month. New Hampshire, and the other say: Well, we first have to find the families who are already struggling to States still recovering from disasters money to pay for it. cope with difficult economic cir- would be on their own if that happens. Like the Devil, we do. We don’t do cumstances. New Hampshire emer- We cannot let that happen. We must that when we see forests being ravaged gency response officials toured Conway act quickly to provide FEMA with the by fire. We don’t do it when we are at- today, and they talked to our office resources it needs to help our citizens tacked by outside enemies. We don’t do and told us about the plight of one and our towns recover. it those times, and we ought not to do young family of three. Sadly, the fa- In northern New England, we have a it now. ther was laid off from his job just 3 limited window to rebuild before the With that, I yield the floor. days before the storm hit, and his wife, onset of winter brings our construction The PRESIDING OFFICER. The Sen- who stays at home and takes care of season to a stop. What is more, in New ator from New Hampshire. their 3-year-old, doesn’t have a job out- Hampshire, fall is a critical season for

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.024 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5523 our tourism industry, as thousands of and Independents, and some who are there, dams and dikes bursting. One of visitors come to take in the beautiful totally unaffiliated with the political the Governors, I understand, just shut fall foliage. We need to immediately re- process—is: Is Congress going to help? down a major bridge because they build the bridges Irene destroyed, such Our answer today needs to be yes. We found a structural fault. So the Corps as this one in Hart’s Location, pictured need to fill the FEMA coffers that are of Engineers has more than they can here. As you can see from this picture, empty. Our fiscal year ends this say grace over. Now is not the time to in another couple of weeks, this beau- month. FEMA was given a certain cut their budget. Now is the time to tiful mountain, as shown in the back- amount of money in the earlier part of give them additional funding and do ground, with all of the green foliage this year. The end of the year is com- some reform of the Corps of Engineers will be turning all sorts of colors be- ing up, and they are virtually out of that my people are crying for in Lou- cause of the fall foliage. If we cannot money. isiana. fix this road and bridges in a number of I submitted for the RECORD only 30 I think a picture is worth a thousand other places in New Hampshire, we will minutes ago that in the last 11 days words. I know we are getting ready to not be able to have a tourist season $387 million for ongoing construction vote, and the leader will come and, I that can bring people to the State that projects for past disasters have been guess, call for the vote. But a picture is can help those people whose jobs de- put on hold so FEMA can stretch those worth a thousand words. pend on that tourism industry. Any dollars to make sure people can eat in These are people who are desperate. I delay in FEMA assistance over the the shelters and at least have one set have shown this picture this afternoon. next few weeks could have a serious ef- of clothes to wear in other parts of the This is Joplin, MO. This is somewhere fect on recovery efforts and the hun- country. This is unheard of in our Na- along the Mississippi River and the dreds of businesses and their employees tion. We have never, ever gotten so low great flood. How lonely is this? At who depend on the tourism industry. in our disaster account. least in Joplin you could find a neigh- Mr. President, I know you agree with There is plenty of money in the ac- bor to talk to or a group of people who me and with the other Senators who count to rebuild Iraq. There is plenty worshipped at a church, and you could have come to the floor this afternoon of money in the account to rebuild Af- pray together. This family is isolated, who believe that natural disasters ghanistan. There is money in accounts as others are in many rural commu- should be beyond politics and beyond for refugee camps all over the world. nities. They need a yes from us this partisanship. The people hurting all But the account for Americans who are afternoon. across this country are not Democrats homeless, desperate, and without their Here is Texas, and this breaks my or Republicans or Independents. They businesses, their churches and, in some heart. I think this is North Carolina. are citizens. They are taxpayers. Get- cases, their neighborhoods is empty, How sad are these pictures? They are ting them the help they need demands and Members are going to come to the real. Behind them are thousands of bipartisan cooperation. In the past, we floor today and vote no? I strongly sug- families and businesses. have always been able to come to- gest a ‘‘yes’’ vote. In addition, if this argument of com- gether and get people the help they I said the reason we cannot budget passion doesn’t move people, maybe need. This time should be no different. exactly for these disasters is because the argument of flat business will move I urge all of my colleagues in the we, A, do not know when they are people. We are ready for the vote; I Senate to work together to address going to happen, and we do not even think the time has come. I urge my this emergency and provide FEMA the know the amount of the damage. As I colleagues to please vote yes on this resources it needs to carry out its mis- have shown in my arguments this motion to proceed. If we get 60 votes, sion. This has an immediate, real im- afternoon, the amount wildly fluc- we can proceed to the disaster bill and pact on so many Americans and we tuates. One year it was zero, over the figure out how to pay for it sometime cannot delay. last 10 years. One year it was zero. The Mr. President, I yield the floor and in the next month ahead. next year it was $5 billion. One year it I thank the Chair. suggest the absence of a quorum. The PRESIDING OFFICER. The was $8 billion. The next year it was $43 CLOTURE MOTION clerk will call the roll. billion. The ACTING PRESIDENT pro tem- The bill clerk proceeded to call the So I am saying, no one here—we are pore. Pursuant to rule XXII, the clerk roll. all very good, very powerful people, but will report the motion to invoke clo- Ms. LANDRIEU. Madam President, I we are not fortune tellers, and we do ture. ask unanimous consent that the order not have crystal balls on our desk, so The assistant editor of the Daily Di- for the quorum call be rescinded. there is no way we can know. gest read as follows: When people say to me: Well, you The ACTING PRESIDENT pro tem- CLOTURE MOTION don’t know exactly, but could you pore. Without objection, it is so or- We, the undersigned Senators, in accord- dered. budget something, the answer is, yes, ance with the provisions of rule XXII of the Ms. LANDRIEU. Madam President, I we could figure that out, but we do not Standing Rules of the Senate, hereby move had to slip away from the floor for a have to figure that out today. We do to bring to a close debate on the motion to few minutes, and I understand that no not even have to figure that out this proceed to Calendar No. 154, H.J. Res. 66, a one from the other side has come down month. We have this supercommittee joint resolution approving the renewal of im- to speak this afternoon. I cannot say I set up to fix every problem in the port restrictions contained in the Burmese blame them because it is a very tough world, it seems. We will just give them Freedom and Democracy Act of 2003. another one to work on because we Harry Reid, Richard J. Durbin, Barbara position to take. Boxer, Mark R. Warner, Jeff Bingaman, We are getting ready to take a very have been working on this in the Ap- Daniel K. Inouye, , Patty important vote in 5 minutes on wheth- propriations Committee for some time. Murray, Frank R. Lautenberg, Daniel er we are going to provide disaster re- The White House is engaged. The Re- K. Akaka, John F. Kerry, Ron Wyden, lief for the country, and particularly publican leadership, hopefully, will get Bill Nelson, Jeff Merkley, Sheldon for the east coast, which has been so engaged. The Democratic leadership is Whitehouse, Max Baucus, Charles E. terribly hit with Hurricane Irene and engaged. We will figure it out. But now Schumer. then, of course, Tropical Storm Lee is not the time to have the victims of The ACTING PRESIDENT pro tem- that came up through the gulf coast— these disasters and the survivors of pore. By unanimous consent, the man- and you know we have had our share of these disasters worry about this. datory quorum call has been waived. difficulty—but then it dumped addi- We need to refill FEMA’s coffers, re- The question is, Is it the sense of the tional rain in an area that was already fill the Corps of Engineers that are Senate that debate on the motion to saturated. We have wildfires raging in stretched beyond imagination at this proceed to H.J. Res. 66, an act approv- Texas. We have the destruction still in time. You can imagine with the Mis- ing the renewal of import restrictions Joplin, MO, and other places through- sissippi River. The highest flooding in contained in the Burmese Democracy out the Midwest. 50 years occurred this year. Now they Act of 2003, shall be brought to a close? The question for Americans in all of have other flash floods all over the The yeas and nays are mandatory these States—Democrats, Republicans, country—a bridge here, several bridges under the rule.

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.026 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5524 CONGRESSIONAL RECORD — SENATE September 13, 2011 The clerk will call the roll. from the air. These numbers came owners insurance, flood insurance. But The bill clerk called the roll. through the appropriate appropriations if there is a flood, homeowners insur- Mr. KYL. The following Senator is committees. I think it is a solid ance doesn’t cover it. I can tell you, in necessarily absent: the Senator from amount to deal with the emergencies a community that didn’t have flood in- Florida (Mr. RUBIO). right before us for the next months and surance—or almost no one did—if all The ACTING PRESIDENT pro tem- perhaps through the coming year. they have is FEMA, it is important, it pore. Are there any other Senators in These numbers will be fine-tuned as we is essential, but it is not enough. the Chamber desiring to vote? move forward. But it was a very power- Nobody knows that better than the The yeas and nays resulted—yeas 61, ful ‘‘yes’’ vote for thousands, tens of Senator from Louisiana, Ms. LANDRIEU. nays 38, as follows: thousands of people who are waiting I don’t think in my entire time here [Rollcall Vote No. 132 Leg.] for us to say yes to move forward, fill- I have ever seen anybody fight more YEAS—61 ing the accounts that are now virtually doggedly, more persistently, or more Akaka Hagan Nelson (FL) empty, and giving a positive signal to effectively for their home State and Baucus Harkin Pryor Governors, both Republicans and their home community than MARY Begich Heller Reed Democrats; mayors, Republicans and LANDRIEU did when they were hit with Bennet Hoeven Reid Katrina. MARY LANDRIEU is a hero be- Bingaman Inouye Rockefeller Democrats; county commissioners, Re- Blumenthal Johnson (SD) Sanders publicans and Democrats, that help is cause she would not take no for an an- Blunt Kerry Schumer on the way and that the Federal Gov- swer. Boxer Klobuchar Shaheen I saw it time after time after time in Brown (MA) Kohl ernment is not, and will not, turn its Snowe Brown (OH) Landrieu back on them at this time of need. So the caucus, on the floor of the Senate, Stabenow Cantwell Lautenberg in committees. Do you know what. She Tester I thank the Members. Cardin Leahy We had a strong vote, 61 votes. We delivered something that those people Carper Levin Toomey Casey Lieberman Udall (CO) needed 60; we got 61. But it was a desperately needed. Good for her, and Collins Manchin Udall (NM) strong vote, and I am glad we were good for the people to have sent some- Conrad McCaskill Vitter joined by several Members from the body here who would fight for them in Coons Menendez Warner their time of need. Durbin Merkley Webb other side, and I thank those who said Feinstein Mikulski Whitehouse yes to move this disaster relief for- Madam President, I am here rep- Franken Murray Wyden ward. resenting a State at its time of need Gillibrand Nelson (NE) I yield the floor. because we had thousands of people NAYS—38 The ACTING PRESIDENT pro tem- desperately affected—not as many as in Alexander Enzi McCain pore. The Senator from North Dakota. the State of Louisiana; it is a much Ayotte Graham McConnell Mr. CONRAD. Madam President, I bigger population there. But in my Barrasso Grassley Moran come to thank my colleagues as well State, when 11,000 people are evacuated Boozman Hatch Murkowski for this strong vote to move forward on in one town, that is a big deal. Eleven Burr Hutchison Paul Chambliss Inhofe Portman disaster relief. In almost every corner thousand people were forced out of Coats Isakson Risch of America we have had unprecedented their homes. They weren’t just forced Coburn Johanns Roberts natural disasters this year, and my out overnight, they weren’t just forced Cochran Johnson (WI) Sessions Corker Kirk State has not been exempt. out over a weekend, they weren’t just Shelby Cornyn Kyl I represent North Dakota, and we forced out over a couple of weeks, they Thune Crapo Lee Wicker have had flooding unprecedented since have been out of their homes for DeMint Lugar records have been kept on the Souris months, and they are not getting back NOT VOTING—1 River that goes through Minot, ND, the in their homes until sometime next Rubio Missouri River that goes between Bis- year. Now, that is reality. Talk about a The ACTING PRESIDENT pro tem- marck and Mandan, ND, the place tough reality. pore. On this vote, the yeas are 61, the where I come from. We have seen abso- With FEMA they qualify for $30,000— nays are 38. Three-fifths of the Sen- lute devastation, water levels that and thank God for it because without ators duly chosen and sworn having changed virtually overnight. I can re- it they would have nothing. That is it. voted in the affirmative, the motion, member the forecast being raised 10 That is it. These are people who have upon reconsideration, is agreed to. feet from Minot, ND, in a period of 48 lost homes that were worth $150,000, Mr. DURBIN. Madam President, I hours, a higher water level than we $160,000, and they had a mortgage on suggest the absence of a quorum. have seen in over 100 years of recorded them. What do they do? They are going The ACTING PRESIDENT pro tem- history. The same is true in the Mis- to get $30,000. Do they rehab the home? pore. The clerk will call the roll. souri Valley Basin, with runoff the Do they rebuild the home? What do The assistant editor of the Daily Di- highest it has ever been. This has led they do? Thirty thousand dollars when gest proceeded to call the roll. to incredible flooding. a home has been underwater for 6 The ACTING PRESIDENT pro tem- This is a picture from Minot, ND, weeks, for 8 weeks, thousands of homes pore. The Senator from Louisiana. where 11,000 people had to evacuate, that had 10 feet of water in them for Ms. LANDRIEU. Madam President, I 4,000 homes flooded. These are middle- weeks and weeks and weeks? ask unanimous consent that the order class neighborhoods, and virtually no When the water recedes, as it has for the quorum call be rescinded. one had flood insurance. There were done now, they are left with a pile of The ACTING PRESIDENT pro tem- only 340 or 350 flood insurance con- muck. I have been there. I have seen it, pore. Without objection, it is so or- tracts in this entire community of over I have smelled it, and it is not a happy dered. 40,000 people because they had a Corps- circumstance. These people deserve The Senator from Louisiana. certified levee protecting them that some additional help. Ms. LANDRIEU. I understand that was supposed to be good for a 100-year Do you know what we did in Lou- Senator CONRAD is on the schedule to flood. They had new dams that had isiana? We passed emergency supple- speak in just a few minutes, but with been constructed in Canada and dams mental appropriations for CDBG. I pre- his permission I just wanted to say that had been enhanced in North Da- dict if that is not done now in this dis- thank you to the Members who voted kota. We hadn’t had a major flood in 40 aster, these communities will have a favorably to move forward with the years. difficult time ever recovering because discussion about how to fund disaster FEMA is absolutely essential to help- with homeowners insurance, they are relief and to provide this emergency ing these people get back on their feet. not going to collect on that in a flood. funding. That funding is necessary, but it is not Very few people had flood insurance be- The leader has laid down a very re- sufficient. Anybody who thinks we are cause they thought they were pro- sponsible $6.9 billion emergency bill for going to get well on just FEMA funding tected by the dams. They are left with victims and survivors of the many dis- does not understand the FEMA pro- $30,000 to recover. It doesn’t add up. asters with which our country is strug- gram. FEMA was designed to work in We have to have additional CDBG gling. These numbers were not pulled conjunction with insurance—home- funding because that is what was used

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That is what is going to I am pleased to say we have cir- The President also said that his ad- be needed here in cases where flooding culated a letter—and we have bipar- ministration has identified over 500 re- occurred. tisan signatures on it—to the leader- forms to our regulatory system that Here is the headline from the Minot ship asking for CDBG funding on an would save ‘‘billions of dollars over the Daily News: ‘‘Projection: Devastation.’’ emergency basis for the communities next few years.’’ I appreciate that the When they were told the water level not just in my State but all across the White House has identified wasteful was rising as rapidly as it was, there country: the people in Joplin who were regulations, but it will not really help was no time to defend the town. devastated by a tornado with wind our economy unless the White House They had levees that were supposed speeds, I am told now, some of them up repeals them. Since January, this to be good for a 100-year flood, but Can- to 300 miles an hour; the people who White House has only repealed one sin- ada lost control of one of its major have just been devastated by Irene; gle regulation, and it has to do, actu- dams. Their provincial leadership told others who were affected by Lee; and ally, with spilt milk. The President’s our Governor: The floodgates are wide others whom we can fairly anticipate new plan does nothing to fix the regu- open. We have lost control of the dam, will be hit as we go through the hurri- latory burdens faced by our job cre- and that wall of water is coming your cane season. ators. It actually adds to the burdens way. That meant, in a short period of We have seen natural disasters I of the job creators of this country. time the projections for the height of think declared in all the States but The President has tried to justify the water in Minot, ND, went up 10 feet two. this increasing avalanche of redtape. in 48 hours. There is no way to raise Yes, we need to replenish FEMA. We He said he doesn’t want to ‘‘choose be- miles and miles of levees 10 feet in 48 need to do it on an urgent basis. But we tween jobs and safety.’’ In today’s reg- hours. That is humanly impossible. also need to add to CDBG funding so ulatory climate, that choice is a false What was the result? Everywhere you that people are not left devastated, choice. Washington’s wasteful regula- look, flooding. The Minot Daily News with no chance to rebuild their lives. tions are not keeping Americans safe headline: ‘‘It’s a sad day’’. Boy, it was I end with this headline: ‘‘Swamped.’’ from dangerous jobs. The American a sad day. ‘‘The crest could be 10 feet That is what happened in Minot, ND. people cannot find jobs because no one higher than June 1.’’ That is what happened in other cities is safe from the regulations coming out In just a matter of days that wall of in my State as well—Bismarck, of Washington. For every step our water was headed toward this commu- Mandan, my hometown area, and many economy tries to take forward, Wash- nity, and they had no time to raise other communities. Of course, we have ington’s regulations continue to stand their defenses. Here is the predictable the ongoing situation in Devils Lake, in the way. result: That is Minot, ND, downtown. ND, where the lake has gone up 30 feet Federal agencies’ funding has in- Water is everywhere—in every residen- in the last 17 years. That is now three creased 16 percent over the past 3 years tial community in the valley, the busi- times the size of the District of Colum- while our economy has only grown 5 ness community. You can see, this bia and is within 3 feet of going over. percent over these same 3 years. Wash- water is not like the typical flood That will be a major calamity for all of ington’s regulatory burden is literally where the water comes and goes. Here, eastern North Dakota if it is not pre- growing three times faster than our the water came and stayed and stayed vented. own economy. This massive increase in for days and days and weeks and weeks I implore my colleagues: Yes, let’s re- Washington’s power has only made the and months. It wasn’t until just re- plenish FEMA funds on an emergency economy worse. cently that the floodwater receded. basis. That is essential. But let’s not Americans know that regulating our This is a picture, again, from that stop there. Let’s also provide meaning- economy makes it harder and more ex- community. In many cases all you can ful funding for CDBG because without pensive for the private sector to create see are the rooftops. it, families will have a very difficult jobs. The combined cost of the new reg- Again, I want to say to those who time ever recovering from these dev- ulations being imposed by this admin- might be listening because they need astating blows. istration just last month was over $9 to understand, they need to under- I yield the floor. I suggest the ab- billion. Much of this cost has been stand: The FEMA assistance that we sence of a quorum. borne by America’s energy producers believe is now going to be on its way— The PRESIDING OFFICER (Mrs. and has cost American workers thou- in our case, some of it has already been HAGAN). The clerk will call the roll. sands of red, white, and blue jobs. received and we deeply appreciate it— The legislative clerk proceeded to Those who try to justify these poli- it is not going to be enough. When call the roll. cies claim they will help us create someone has lost a $160,000 house, Mr. BARRASSO. Madam President, I green jobs at some unknown time in $30,000 is not going to touch the prob- ask unanimous consent that the order the future. Our economy, our job mar- lem. for the quorum call be rescinded. ket, is not a seesaw. Pushing one part That is the reality, and the only way The PRESIDING OFFICER. Without down doesn’t make the other side pop they are going to make meaningful in- objection, it is so ordered. up. roads on that problem for people who Mr. BARRASSO. Madam President, I This administration’s out-of-control didn’t have flood insurance, through no ask unanimous consent to speak for 10 regulation is persistently dragging fault of their own because they minutes as in morning business. down large portions of our economy. thought they were protected by new The PRESIDING OFFICER. Without The President has promised to stop dams, by a levee—but, unfortunately, objection, it is so ordered. this kind of overreach. Remember, he they faced something that has never EMPLOYMENT IMPACT ACT issued an Executive order at the start been seen in history. It has never been Mr. BARRASSO. Madam President, of this year that was supposed to slow seen in history. These are middle-class last week the President addressed a down Washington’s regulation. So what families, and they are devastated— joint session of Congress. He said he has this administration done about it? there are over 4,000 homes destroyed in wanted to eliminate regulations—regu- In the 7 months since the President a community of 40,000 people. lations, he said, that put ‘‘unnecessary issued his Executive order, hundreds of If we don’t get some additional help burden on businesses at a time when new rules have been either enacted or through additional funding for CDBG, they can least afford it.’’ We have proposed. For every day that goes by, those people’s lives will be devastated. heard this same message from the our job creators face at least one new That is the reality. We did better for White House time and time again. The Washington rule to follow. the people in Katrina. We did better for rhetoric coming out of this White When the President announced his the people who were victims of the House simply has not matched the re- Executive order, he said he wanted to floods back in the 1990s because we ality. In fact, Washington continues to promote predictability and reduce un- passed emergency supplementals for roll out redtape each day, and the red- certainty. These are laudable goals,

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Yet by a Federal agency to be made avail- country. there was not a single sentence about able to the public. The American peo- Last week we all listened with great regulations in the President’s address ple deserve to know what their govern- interest as the President came out to a just this week. ment is actually doing, and Federal joint session of Congress and made a To make things worse, the people agencies in Washington need to learn speech about a jobs plan. He talked most victimized by this uncertainty to think before they act. about passing this jobs plan. He has are the very people the President Requiring statements from these been traveling around the country claims he wants to help. The President agencies on what their regulations will making that same argument. What was said last year that when it comes to do is nothing new. For 40 years, the interesting to me about that proposal— job creation, he wants to, as he said, Federal Government has always re- and, of course, the speech itself was ‘‘start where most new jobs do—with quired its bureaucrats to ask the ques- sufficiently vague. It was very difficult small businesses.’’ The sentiment is tion of whether their actions will im- to know exactly what was in that pro- right, but, again, what has he done pact America’s environment. They posal, where more of those details now about it? According to the U.S. Cham- have to file environmental impact are coming to light. It sounded eerily ber of Commerce, businesses with fewer statements. What I am asking for here similar to the very same proposal we than 20 employees incur regulatory is a jobs impact statement. voted on a couple of years ago in the costs that are 42 percent higher than Past generations of legislators right- Senate. It ultimately became law. It larger businesses with up to 500 em- ly recognized the importance of Amer- was called the stimulus bill. It had a ployees, and that is not counting the ica’s land, air, and water, but it is im- pricetag of nearly $1 trillion. avalanche of new regulations that will portant that we recognize the impor- The assertions made at the time were come down the road. This year, over tance of America’s working families as along the lines that if we passed this it 50,000 pages of regulations have been well. America’s greatest natural re- would keep unemployment below 8 per- added to the Federal Register already, source is the American people. We are cent. We know employment is over 9 and the chamber of commerce has said talking about people who want to percent, and since that stimulus bill that the President’s new health care work, are willing to work, are looking was passed we have lost 1.7 million jobs law alone will produce ‘‘30,000 pages of for work, and yet cannot find a job. in our economy. There are 1.7 million new health care regulations, many The Employment Impact Act will force fewer Americans employed today than aimed at small employers.’’ Washington bureaucrats to realize there were when the stimulus bill The President has said he will keep Americans are much more interested in passed a couple of years ago. So the trying every new idea that works and growing our Nation’s economy than question, then, is, Why would we want listen to every good proposal, no mat- they are in growing our government. to go down that same path? ter which party comes up with it. I I am going to continue to fight to see In many respects this proposal is like have a pretty simple idea. If the Presi- that the Employment Impact Act is that one because it consists of more dent wants to know which proposals passed and signed into law to help get spending and more taxing and more will work to create jobs, maybe he Americans working again. borrowing—all the things we believe should require his regulatory agencies I yield the floor. I suggest the ab- are detrimental to the economy in the to tell him how their own actions will sence of a quorum. long run. They do nothing to address affect the job market. The PRESIDING OFFICER. The the concern that was raised to me by Congressman LEE TERRY of Nebraska clerk will call the roll. the small businesses across South Da- and I have a bill that will do just that. The legislative clerk proceeded to kota and the issue to which the Sen- It is called the Employment Impact call the roll. ator from Wyoming was just speaking; Act, S. 1219. This bill will force Wash- Mr. THUNE. Madam President, I ask that is, the issue of overregulation that ington to look before it leaps when it unanimous consent that the order for we keep hearing from our businesses comes to regulation that could hurt the quorum call be rescinded. across this country, the job creators in America’s jobs. Under our bill, every The PRESIDING OFFICER. Without our economy. regulatory agency would be required to objection, it is so ordered. It strikes me, if the President is seri- prepare what is called a jobs impact Mr. THUNE. Madam President, I ous about actually doing something statement, and this jobs impact state- wish to echo the comments made by that would create jobs in this country, ment would need to be prepared with my colleague from Wyoming regarding it ought to involve putting policies in every new rule that is proposed. The regulations. That is something I hear place that will be conducive toward statement would include a detailed as- from small businesses all across South long-term economic growth to provide sessment of the jobs that would be lost Dakota, traveling my State during the the economic certainty these small or gained or sent overseas by any given month of August. I toured businesses, businesses are asking for. rule coming out of Washington. It and I visited with farmers and ranchers Right now there is uncertainty with would consider whether new rules and small businesspeople. That was a regard to taxes. Tax rates are at least would have a bad impact on our job recurring theme, one thing people con- locked in now until the end of 2012, but market in general. This jobs impact tinued to bring up unsolicited. When beyond that it is anybody’s guess. statement would also include an anal- you asked them questions about what There is a concern, of course, that any ysis of any alternative plans that can be done to help create jobs, to get proposal coming out of Washington might be better for the economy. Most them investing and putting their cap- right now that deals with deficit reduc- importantly, it would require regu- ital to work, that was the over- tion might include higher taxes. That latory agencies to look at how new whelming response. It came back lit- certainly is something the President rules might interact with other pro- erally every single time, that busi- put on the table yet again yesterday as posals coming down the road. nesses are concerned about the over- a proposed way to pay for his new stim- The problem with our regulations is reaching regulations coming out of ulus bill. not only that they are too sweeping, it Washington, DC, and the economic un- There is this repeated and consistent is also that there are too many of certainty that it creates. Part of it just assault upon small businesses in the them, so it makes no sense to look at has to do with the predictability that form of more regulations. The Presi- an individual rule in a vacuum and en- businesses need to make long-term in- dent backed off of the ozone regula- acting hundreds of them without know- vestment decisions. If they do not tions, which is something that every- ing their cumulative effect. The effect know what is going to happen next in body reacted very favorably toward in of all of these together could spell Washington, DC, it makes it awfully the business community and people I

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I would think it would around the world. of the EPA, but not exclusively the make perfect sense for this President Tax reform regulations, regulatory EPA—coming out of agencies of this to say to us, as part of his jobs pack- reform, a moratorium on regulations, government that are creating greater age, his jobs plan: We want to work trade, those are all issues that we are uncertainty and making it more dif- with you to put a moratorium on regu- more than willing to work with this ficult and more costly for small busi- lations for a 2-year period, until the President on if he is willing to work nesses to create jobs. So why not focus end of his term in office—whatever with us because those are policies prov- on that issue? Why not focus on getting that period is—but at least some en over time that actually will create the free-trade agreements? amount of time so businesses know jobs. Again, they are the things we There were three free-trade agree- with some certainty that if they invest consistently hear. I dare to say that my colleagues on ments essentially negotiated in the their dollars, they are not going to be the other side of the aisle are hearing previous administration. They are lan- slapped with some new regulation com- the same thing I am hearing. I hear it guishing because they have not been ing out of Washington, DC. from colleagues on my side who are re- submitted to Congress for ratification. There was a story just this morning peatedly visited by small businesses in The President talks about free trade about 500 jobs lost in the State of their travels in their individual States, and creating jobs through exports. We Texas over a new EPA regulation. We and when they go to make contact had three free-trade agreements in 2006 have seen examples of that in my State with their small businesses they hear and 2007. Colombia was 2006. Panama of South Dakota. We have had coal- this over and over. These are the issues and Korea were June of 2007. The Presi- fired powerplants that have been nixed the American business communities dent said: I want Congress to approve simply because of this uncertainty that are saying we need to address to get these free-trade agreements. has been created by regulations coming people back to work in this country. We cannot do that until he submits from Washington, DC. That is some- I am certainly hopeful the President them to the Congress. We would love to thing that Republicans on Capitol will change directions away from what approve those free-trade agreements. It Hill—if the President wants to be he is proposing to do now, which is a would mean thousands of jobs in this proactive in terms of job creation and very similar path to what was done 2 economy. We know that. It is low- actually having a forward-looking pro- years ago, which we all know has been hanging fruit. It is something we could posal and plan for job creation, he unsuccessful. If we look at it based do today that is something positive to would certainly get cooperation from upon the metrics—and, again, I am actually create jobs in this country. lots of folks on our side of the aisle talking about job creation. If we look Just as an example, in my State of when it comes to the issue of regula- at it based upon the employment rate, South Dakota in 2008, the top three tions. the unemployment rate has gone up. crops were corn, wheat, and soybeans. Another thing we would be more The number of jobs lost has gone up. In those three commodities we had 81 than happy to work with the President The amount of our debt has gone up by percent of the market in the country of on is broad-based and comprehensive $4 trillion. We have borrowed more, we Colombia. In 2010 that had dropped off tax reform. We all talk about it, and are spending more, and we are getting to 19 percent. It is a major collapse in nobody seems to be willing, at least nothing in return—in fact, the very op- our market share in that country sim- from the President’s perspective, to posite of what we hope to get; that is, ply because we have not ratified this put forward a proposal that would ac- job creation. That approach has not free-trade agreement, and in the in- tually broaden the tax base in this worked. terim we have had other countries that country, lower the rates on businesses Let’s not double down on that and go have moved in and filled the vacuum. and individuals. I think it would lead back and try the same failed policies Most recently the Canadians, on Au- to an enormous amount of economic again. Let’s change direction. Let’s go gust 15, I think, had their own bilateral growth. Most people and businesses I in a different direction for this coun- trade agreement with Colombia. We talk to suggest that right now in try, and I would hope the President may go down to zero market share if America the complexity in the Tax would do that. we do not act quickly to get the free- Code, the rates in our Tax Code, make The other thing that I think is par- trade agreements approved. It is not a us anticompetitive. ticularly troubling about his pro- function of us wanting to do it; it is a We lose jobs every single day to other posal—not to mention some of the function of the President submitting countries around the world that have things that he put out in his speech those agreements to Congress for rati- lower tax rates. Businesses are taking last week that give me a good amount fication. We cannot vote on and ratify their capital and investing it overseas, of heartburn in terms of the direction those trade agreements, put them into creating jobs overseas, and are opposed he is headed—is how he proposes to pay effect, and get them implemented ab- to putting it in our country because for that. It was indicated yesterday sent the President of the United States our rates are not competitive. Our cor- that 90 percent of the cost of this stim- sending them to Capitol Hill. That is porate tax rate at 35 percent is the sec- ulus bill would be paid for by allowing something on which Republicans would ond highest in the world. We are second or preventing people from taking de- love to work with the President. only to Japan, and they were going to ductions—the two top income tax rates We would also love to work with the lower theirs prior to the tsunami. in this country and the people who are President on a moratorium on regula- The fact is, we have tax rates in in those income tax brackets, to be tions. I think it would make perfect America today that are making it very able to claim deductions on their tax sense, given what we know about what difficult for our businesses to compete returns. small businesses are telling us in terms and to keep those jobs and keep that Well, that impacts millions of Ameri- of creating jobs and hiring people and investment in this country. cans and millions of job creators, mil- investing capital, that regulation is a What can we do about that? Well, if lions of small businesses, not to men- huge impediment to that. So why not— we had broad-based tax reductions on tion a lot of charities. Many of the peo- at least for the foreseeable future, individuals and small businesses in this ple who contribute to charities today until such time as we start getting this country, lowered taxes on investment, don’t do it simply because of the tax unemployment rate down and get peo- I think we would see an explosion of consequence, but the amount they con- ple back to work—put a moratorium on economic growth and get these busi- tribute to a charity is affected by the all these crazy regulations coming out nesses—provided that there is enough Tax Code, and reducing the amount of Washington, DC? certainty associated with that. In they can deduct is going to make it There are literally millions of jobs other words, we don’t do it for a short more difficult for many of our chari- that are impacted by these various reg- period of time, we do it for a long pe- table organizations that rely upon the

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It is for wider public discontent were taking Last month government troops something we should not be moving to- root through much of the region. backed by tanks, armored vehicles, and ward, but moving away from, and mov- First, in Tunisia we saw peaceful pro- snipers entered the heart of —the ing in a different direction. tests lead to the ousting of corrupt, same town of Hama that had been flat- Again, we have no greater priority in long-time strongman President Ben tened by Assad’s father three decades America today than getting this econ- Ali. earlier—to quash antigovernment pro- omy growing, creating jobs, getting Next, Egyptian President Mubarak testers. people back to work. That helps bring resigned following sustained peaceful Our dedicated U.S. Ambassador Rob- in more revenue in the Federal Govern- protests in Cairo and elsewhere in ert Ford had gone to Hama not long be- ment and helps deal with our issue of Egypt. fore the siege to serve as witness to the the deficit and the debt. There are two And certainly Muammar Qaddafi’s unfolding events. ways we can deal with that: We can re- reign of erratic and despotic rule is I wish to show this photo, which duce spending, and we can grow the nearing an end. shows a giant Syrian flag held by the economy. We have to do both. Other popular calls for political and crowd during a protest against Presi- Certainly, those are not unrelated. economic reform from to dent Assad in the city of Hama on July When we reduce spending, that is es- Yemen remain in flux. 29. The town—already under siege for sential to growing the economy. We And as we saw this weekend with the days—saw its telephone, water, and also have to put policies in place that violent and very troubling protests electricity cut off at 5 a.m. as a prelude will grow the economy and create jobs. breaching the Israeli Embassy in Cairo, to the deployment. Raising taxes is not the way to do that, ousting a repressive regime is only one Residents tried to stop the advancing and so the President’s proposal to pay step on a long road toward building ef- armored columns with barricades— for his new stimulus bill which raises fective long-term democratic and eco- many of them built of furniture, iron taxes on people is a wrongheaded ap- nomic institutions. railing, rocks, and cinderblocks—but The United States stands ready to proach that has not worked in the past. stood little chance. It will not work in the future. We need support these peaceful transitions, but Dozens were killed and hundreds to try a different direction. most of the hard work must continue wounded. Republicans are willing, ready, and to come from within—from the people Such public resilience and govern- able to work with this President on who made such historic change possible ment brutality have continued passing trade agreements that have in the first place. unabated in Syria for months. been languishing around here, literally, Amid so much upheaval and poten- President Assad’s tyrannical actions for 4 to 5 years; on reducing the over- tial hope, it is critically important have been condemned around the reaching regulations, which are cre- that we also keep our attention on world. The Arab League, not always ating economic uncertainty for our what is happening in another very im- known for its democratic advocacy, has small businesses across this country; portant country in the Middle East— urged Syria to ‘‘end the spilling of and on tax reform that would lower Syria. blood and follow the way of reason be- rates and broaden the tax base and Since March, millions of protesters fore it is too late.’’ bring in an incredible explosion of eco- have peacefully taken to the streets of Syria’s neighbor and significant trad- nomic growth and jobs. towns and villages across Syria de- ing partner Turkey has spoken out. Those are the types of things we manding an end to the brutal dictator- Turkish President Gul said he has ought to be looking at—long-term poli- ship of the Assad family. ‘‘lost confidence’’ in the Syrian govern- cies that will affect in a positive way The Syrian people have suffered 40 ment. Prime Minister Erdogan has the environment, the atmosphere for years of economic hardship, political said, ‘‘Turkey can no longer defend our job creators, not doing another repression, and corruption under the Syria.’’ Washington-directed spending program Assad family—first under former Presi- British Prime Minister Cameron, that has already demonstrated that it dent Hafez al-Assad and now under his French President Sarkozy and German doesn’t work. son, Bashar al-Assad. Chancellor Merkel jointly issued a I yield the floor and suggest the ab- Let me give an example of life under statement urging Assad to ‘‘face the sence of a quorum. the Assad regimes. reality of the complete rejection of his The PRESIDING OFFICER (Mr. Almost 30 years ago, then-President regime by the Syrian people and to PRYOR). The clerk will call the roll. Hafez al-Assad ruthlessly leveled a Por- step aside in the best interests of Syria The legislative clerk proceeded to tion of the town of Hama to put down and the unity of its people.’’ call the roll. a rebellion by his own people. The United Nations human rights of- Mr. DURBIN. Mr. President, I ask Between 10,000 and 20,000 fellow Syr- fice in Geneva has issued a sweeping re- unanimous consent that the order for ians were literally buried to death in port concluding that the Syrian gov- the quorum call be rescinded. the ruble. ernment might have committed crimes The PRESIDING OFFICER. Without This is how political dissent was against humanity through summary objection, it is so ordered. dealt with in Syria. executions, torture, and by harming SYRIA And what has been his son’s strategy children. Mr. DURBIN. Mr. President, the for addressing public demands for President Obama and Secretary of world has witnessed considerable up- change while reform is sweeping the State Clinton have sharply criticized heaval across the Middle East this year rest of the region? the Syrian government’s crackdown as citizens from all walks of life have Tragically, the same as his father— from the start, and most recently the turned out by the millions to say mass murder. Administration announced additional enough to repressive regimes, stagnant Since the popular uprising began, an sanctions against the regime, including political systems, and a lack of eco- estimated 2,000 people have already those squeezing Assad’s cash lifeline nomic opportunities. been slaughtered by Assad’s security from petroleum exports. The European In fact, we should probably look back services. Union also cut its purchase of Syrian to the summer of 2009 when thousands Government snipers on rooftops have petroleum. upon thousands of ordinary Iranians fired on those who dare to go outside in Senators GILLIBRAND and LIEBERMAN bravely took to the streets to peace- areas where protesters are active. Men have introduced legislation—legisla- fully protest the country’s likely sto- have been rounded up and detained in tion I am pleased to support—that fur- len election. nighttime house-to-house raids. Tanks ther tightens sanctions against Syria’s

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.032 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5529 petroleum exports by penalizing those strong feelings about Syria that I MA, as they honor their community’s who buy Syrian oil or invest in its en- would do my best when I returned to long tradition of service to country on ergy sector—an approach Congress has Washington this week. This floor state- the 30th anniversary of the South Bos- supported in the past against Iran. ment is just the beginning. ton Vietnam Veterans Memorial. I urge others to support this legisla- A few moments ago, I got off the Thirty years ago, on September 13, tion and for the Congress to pass it ex- telephone, having had a phone con- 1981, the people of South Boston, led by peditiously. versation with Ambassador Ford, who their own citizens who had served in And when the crackdown in Syria is in Damascus. He has done an excep- the Vietnam war, became one of the began, I joined Senators LIEBERMAN, tional job for our country. He has first communities in the United States MCCAIN, CARDIN, KYL and at least 20 risked his life to let those who are pro- to build and dedicate a permanent me- others on a Senate resolution con- testing peacefully know that the morial in honor of those who had given demning the violence. I understand United States is in their corner. We their lives in Vietnam. I was privileged that Senator PAUL has had a hold on talked about the situation on the to be a speaker at the original dedica- that resolution for a number of ground. He is a man of great talent and tion of the memorial, and I am honored months. I call on Senator PAUL to experience in the Middle East, and he to be returning to South Boston this work with us on his concerns in a time- analyzed all the different forces at year in order to once again pay tribute ly manner so we can move forward put- work. to those who served. ting the Senate on record about these We know that Iran is, in fact, the It is difficult for many of the genera- tragic events in Syria. major supporter and promoter of Assad tion that followed us to understand There is more still the international and his repressive regime. We know, as how bitterly our country had been di- community can do. well, that these five countries in the vided by that war and how long it took Russia, China, India, Brazil and United Nations—Russia, India, China, to overcome if not resolve the divi- South Africa are still blocking a Brazil, and South Africa—are stopping sions, often along class lines, that were United Nations Security Council reso- the United Nations action when it left in its wake. I do not seek to reopen lution that could impose more sweep- comes to Syria. I find it hard to imag- those wounds today, but it should not ing international sanctions on Syria. be forgotten that 25 young men from That some of these countries have ine how some of these countries, in this solidly working-class community emerged from decades under their own light of their own history, could ignore gave their lives in Vietnam, while Har- repressive regimes, only to sit silently the obvious: the killing of innocent vard College, located nearby on the far as Assad slaughters his own people is people in the streets of Syria. It cannot banks of the River Charles, lost a total extremely troubling. be tolerated, should not be condoned, Russia and China should also pledge and should not be protected by their of 12 out of the 11 classes from 1962 to not to purchase any surplus Syrian oil veto in the United Nations. 1972. which is used by Assad to pay off his I am going to work with President In building this memorial, the people enablers and security henchmen. Obama and this administration and my of South Boston took it upon them- Human rights monitors, humani- friends in Congress on both sides of the selves to honor their own, and in so tarian workers, and journalists must aisle to let the people of Syria know doing they reignited the spirit of serv- be allowed in the country. that what is happening there has not ice to country, not only here in Boston And the International Criminal been ignored by the U.S. Congress. I but elsewhere across our country. It Court should look into indicting Presi- hope Senator RAND PAUL of Kentucky was built through the dedication of dent Assad on war crimes. will at least lift his hold on bipartisan friends and neighbors, acting together This administration has shown great legislation which we have pending here to honor and remember the service and skill and diplomacy in navigating the which will express that sentiment in sacrifice of those they knew and loved. turbulent calls for change in the Mid- the strongest of terms. Many veterans from this community dle East. The people of Syria deserve that mes- took strong roles in bringing the me- These are demands from everyday sage, to know that the people of the morial to fruition, but I would like to people for a better life, for a chance to United States, through their elected extend a special recognition to Tommy freely choose one’s government, and to representatives in the Senate, under- Lyons, a Marine Corps veteran of Viet- see hope and dignity for one’s children. stand their plight, stand behind them, nam, who not only provided spirited The people of Syria should know that and will work to bring justice to their and determined leadership on this Me- the rest of the world is watching and country. morial but also went on to found the supporting their aspirations for free- Mr. President, I yield the floor. Semper Fidelis Society in Boston, dom. I suggest the absence of a quorum. which every November brings together Saturday night in a suburb of Chi- The PRESIDING OFFICER. The more than 1,000 marines of all ages and cago I had a meeting with about 30 clerk will call the roll. wars for the most well-attended vet- Syrian Americans, and we spoke at The bill clerk proceeded to call the erans’ lunch in America. great length about the situation in the roll. Mr. President, 25 names are engraved country of their birth. Many of them Mr. DURBIN. Mr. President, I ask on the South Boston memorial—all of still have relatives, family, and friends, unanimous consent that the order for them ‘‘Southie Boys,’’ 15 of them ma- in Syria, and they are following on the quorum call be rescinded. rines, 9 soldiers, 1 airman. One of them YouTube and through the inter- The PRESIDING OFFICER. Without was a lieutenant; the other 24 were en- national media the events of the day. objection, it is so ordered. listed men. All of them represent the They showed me on one of the com- f best of citizen service, the willingness puters nearby some of the YouTube to put one’s life on the line on behalf of footage which showed the Syrian secu- MORNING BUSINESS our country. rity forces literally shooting a man Mr. DURBIN. Mr. President, I ask In closing, I ask that the names of dead, point blank. You could see him unanimous consent that the Senate those inscribed on the memorial be lying in the street, and you could see proceed to a period of morning busi- printed below: the blood flowing from his body. ness, with Senators permitted to speak Joseph J. Agri, USMC To suggest that these peaceful pro- for up to 10 minutes each. Charles A. Bazzinotti, USA testers are anything else is to misstate The PRESIDING OFFICER. Without Richard J. Borovick, USA the obvious. These people, by and objection, it is so ordered. John C. Calhoun, USMC John H. Cole, USMC large, in the streets of Syria are asking f for the same thing that was asked for Paul M. Daley, USA Ronald L. Delverde, USMC across the Middle East. They are ask- SOUTH BOSTON VIETNAM VETERANS MEMORIAL Joseph F. Desmond, USMC ing for a chance for reform, for change, Joseph W. Dunn, USMC for self rule. Mr. WEBB. Mr. President, I rise to Devon M. Enman, USA I promised my friends and people I express my congratulations and best Gene D. Grover, USMC represent in Illinois who have such wishes to the people of South Boston, Frank C. Hubicsak, USA

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.004 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5530 CONGRESSIONAL RECORD — SENATE September 13, 2011 Douglas J. Itri, USA as their own—and never returned terrorists of the world with the death John P. Jacobs, USMC home. If 9/11 was a snapshot of horror, of Osama bin Laden is that America John G. Joyce, USA it also became a portrait of consum- will prevail no matter how long it Edward W. Milan, USAF mate humanity. If it laid bare the un- takes, whatever it takes, no matter James E. O’Toole, USA Burton W. Peterson, USMC imaginable cruelties of which human- where you are. Paul H. Sheehan, USMC kind is capable, it also etched forever Though justice was finally rendered, James J. Stewart, USMC within our minds the heights to which the unending pain of loved ones lost Edward T. Stone, USMC the human spirit can rise—even and es- does not ease with the passing of years, Edward M. Sullivan, USMC pecially in the face of mortality. and yet out of these atrocities emerged Joseph E. Thomas, USMC Each had a soul, and having visited heroes who were then and will forever Donald J. Turner, USMC Ground Zero in the aftermath, I can James K. Wheeler, USA be shining testaments to the very best tell you their presence still triumphed of who we are as a nation. And so, f over the twisted destruction—and it al- today, we memorialize those whose REMEMBERING 9/11 ways will. We recall that during one of lives were stilled on September 11, and the darkest days in our Nation’s ex- at the same time, we cannot help but Ms. SNOWE. Mr. President, I rise traordinary and storied history, we today on this most moving and memo- extol the courage and indomitable spir- also witnessed our Nation’s mettle and it they exhibited. rable of occasions after we as a nation solidarity, the inexhaustible courage joined together to mark the solemn and undaunted bravery that provided It was an unmistakable message to 10th anniversary of the attacks on Sep- us with boundless inspiration and hope the world that we would never be de- tember 11, 2001. Throughout my home that sustained us then and inspires us terred—that our freedoms could never State of Maine and across this great today. be crushed by the cowardly instru- land, Americans are uniting as one na- And nowhere was that more evident ments of terror that are no match tion indivisible as we pause to remem- than with the first responders who, in against a resilient people certain in the ber with the heaviest of hearts the the face of unspeakable adversity and knowledge that good ultimately tri- tragedy that befell our nation 10 years peril, heroically ran toward the very umphs over evil. ago—a morning that changed Amer- dangers others were desperately trying What better symbol could there be of ica—and Americans—forever. to escape, placing their lives in harm’s our mettle as a people than the his- We are all a different people in Amer- way in the most courageous and val- toric National 9/11 Flag initiative. ica—no matter our faith or ancestry— iant of endeavors to save others with- Americans across our country are as a result of the horrific events on out regard for their own safety. stitching together the tattered rem- 9/11 that are ingrained upon the land- As Americans, we are awed by the nants of one of the largest flags that scape of our consciousness for all time. noble examples of courage and selfless- flew over the wreckage at Ground Zero. We all know where we were and what ness that emerged. When the alarm When our beloved banner of freedom we were doing at the precise time they went off in fire stations across New arrived at the U.S. Capitol on July 14, happened. As many of us remember the York, firefighters were changing shifts. I cannot begin to convey the sense of assassination of President Kennedy, If they were on the way home, they honor and privilege I experienced in and some Pearl Harbor, our children turned around. If they were finishing contributing to its restoration. And to will remember this day. up at the firehouse, getting ready to share in this event with first respond- As we recall, that morning began leave, they stayed. Some were retired— ers, 9/11 families, and veterans made with such remarkable blue skies, but veterans already at home—and they re- this moment one I will treasure, al- ended with a Nation in mourning and ported in. Many were to find them- ways. stunned disbelief. In Washington, DC, I selves climbing higher and higher in This expression of love for our home- watched the images along with the rest those great silver towers toward a fate land speaks to the inescapable belief of the world. Later, as the Sun set over that must have become clearer with that our strength as a nation has al- the National Mall—still capped by every step. ways emanated not from Washington, smoke billowing from the wound in the Their valiant service and sacrifice but from the people themselves—from side of the Pentagon—I will never for- are also a vivid reminder of the re- tireless patriots of their own volition get gathering with my colleagues in markable men and women exceptional performing the most extraordinary of the House and Senate on the Capitol enough to don our country’s uniform to deeds. steps to sing ‘‘God Bless America.’’ We serve and defend our nation. Whether sang to send a message to the country on our shores or soil here at home or Patriots like the exemplary Freeport and to the world that we would never around the globe, their steadfast sense Flag Ladies—Elaine Greene, Carmen be deterred—that freedom would never of duty and love of country are an in- Footer, and JoAnn Miller, who have be crushed by the blunt and remorse- spiration to us all, their commitment waved American flags on Main Street less instruments of terror. fortifies our will, and their profes- every Tuesday morning, rain, snow, or The notes of ‘‘God Bless America’’ sionalism steadies our hands in an un- shine, since 9-11 in tribute to those who still reverberate, the resilience we re- certain world. have sacrificed for all of us—our brave captured as a country remains pressed As I gathered with Mainers across servicemen and women and our first re- upon our national psyche, and the our State, I could not help but feel that sponders. It was the highest of honors memory of the inspirational sacrifices inescapable, palpable sense of patriot- for me to join them early Sunday of so many heroic Americans who per- ism that binds us all together as Amer- morning on Main Street in Freeport to ished that morning will forever have a icans. It is also, I believe, a continu- wave flags on the 10th anniversary. home in our hearts and our prayers. ation of the heightened love of country Amid the trials and tribulations that On this September 11 as in all that all of us experienced when our Nation’s this date in our history evokes, we have preceded it, we mourn the loss of bravest and finest—in this case our take solace in the sacred truth that those eight individuals from Maine who Navy SEALs—achieved what Americas none of us grieves alone—that there were taken from us all too soon—Anna detractors said was unachievable. They are no strangers among us, only Ameri- Allison, Carol Flyzik, Robert Jalbert, triumphantly rid the world of public cans. Indeed, out of the rubble rose our Jacqueline Norton, Robert Norton, enemy number one, and brought justice resolve, out of despair grew our deter- James Roux, Robert Schlegel, and Ste- to the evil incarnate that was Osama mination, and out of the hate that was phen Ward. bin Laden. perpetrated upon us proudly stood our We remember the heroic acts of valor In speaking of bin Laden, I have humanity. And so, we venerate the that will always distinguish the men often sounded the refrain that you can American spirit that is stronger than and women of 115 different nations who run but you cannot hide. Well, thanks stone and mortar, tougher than steel went to work that day, or boarded a to the combined might of our military, and glass, and more permanent than plane, or rushed to the aid of strangers intelligence, and counter-terrorism any pain or suffering that can be in- whose lives they believed were as vital professionals, the message sent to the flicted upon us.

VerDate Mar 15 2010 05:36 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.002 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5531 ADDITIONAL STATEMENTS the world. In 2000 Mischa Seminetsky of the Army veteran population in the and then-board president Ann Flatten State of Maine, a remarkable achieve- began the Music in the Mountains Goes ment unmatched by any other State. COMMUNITY SHARES OF to School Program to reach out to This year, the program will likely COLORADO local school children for instructional achieve 100 percent. As they continue ∑ Mr. BENNET. Mr. President, today I sessions and miniconcerts. Since then to meet the growing number of re- wish to honor Community Shares of Music in the Mountains has become a quests to honor those who have an- Colorado, a philanthropic organization regular partner with local schools in swered the call to serve, I continue to that is celebrating 25 years of sup- Durango offering a variety of teaching be impressed by this exceptional pro- porting Colorado’s communities. In its programs and activities during the gram’s dedication to honoring Maine’s years of service, Community Shares school year that impact the life of hun- fallen Army veterans. On the occasion has demonstrated a tireless commit- dreds of young students. of their seven thousandth military fu- ment to supporting Colorado’s non- This festival would be remarkable in neral, it is an honor for me to pay hom- profits and providing individuals with any community; I take particular pride age to those who provide final honors an opportunity to do the same. in its being held in Durango, a town of to the best Maine and America have to Community Shares strives to connect 14,000 residents in the southwest corner offer.∑ Coloradoans of any economic back- of Colorado. The festival is a key com- ground with organizations that inspire ponent of southwest Colorado’s sum- f mertime economy providing important them. The organizations staff and sup- BONNEVILLE COUNTY, IDAHO porters firmly believe that philan- economic benefits for the region. Most ∑ thropy should not be restricted to the of the performances are held at the Du- Mr. CRAPO. Mr. President, my col- most affluent, but rather should be ex- rango Mountain Ski Resort, a stun- league Senator JIM RISCH joins me tended to include any and all who are ningly beautiful resort north of Du- today in recognizing Bonneville Coun- willing to give. Using this approach, rango in the San Juan Mountains and ty’s 100-year anniversary. they have brought together average an enchanting place to listen to world Established on February 7, 1911, by gifts of $5 a week for a total of nearly class music. I congratulate Music in the Idaho Legislature, Bonneville $20 million in support of more than 100 the Mountains and all the volunteers, County was formed out of Bingham nonprofits. musicians and community leaders who County in eastern Idaho, along the Wy- Furthermore, Community Shares has have made this festival a brilliant suc- oming border. Bonneville County was ∑ recently begun a program entitled ‘‘My cess over the last 25 years. named for CPT Benjamin Bonneville, Colorado Project’’ aimed at encour- f an officer in the U.S. Army who was an explorer and fur trapper in the area in aging our kids and young Coloradans MAINE MILITARY FUNERAL the 1830s. to develop the habits of philanthropy HONORS PROGRAM and social responsibility. This innova- Home to more than 100,000 Idahoans ∑ Ms. COLLINS. Mr. President, today I in an area of nearly 2,000 square miles, tive program expands traditional dona- recognize the contribution of the tion to include elements of social the county has diverse geography and Maine Military Funeral Honors Pro- industry. It is Idaho’s fourth largest media and creates an engaging virtual gram of the Army National Guard. The community that involves our young, county and includes the six incor- soldiers in this exceptional program porated cities of Idaho Falls, Ucon, emerging philanthropists in supporting perform military honors at the funer- their communities and causes they Iona, Ammon, Swan Valley, and Irwin. als for Maine’s fallen warriors and vet- Outside of these cities, the county has care about with a geographic, age-ac- erans. They pay tribute to the men and cessible online tool. many beautiful natural features, in- women who have served our Nation, cluding the Snake River, Palisades The organizations that Community and provide comfort and dignity to the Shares supports are local and dedicated Reservoir, Caribou National Forest, families during their time of loss. Grays Lake National Wildlife Refuge, to the issues that define Colorado, from On August 27, the Maine Military Fu- and Targhee National Forest. Family protecting our abundant natural re- neral Honors Program performed its farmers produce an abundance of agri- sources to improving health care and seven thousandth military funeral, a cultural products, including grain, promoting community leadership. duty they have carried out since Octo- livestock, fruits and vegetables, flori- I join the State of Colorado in thank- ber 2004. Since that time, approxi- culture, and poultry, throughout the ing the staff of this organization for mately 30 highly skilled and carefully county. Bonneville County also leads their hard work and dedication, and I selected soldiers of the Maine Military look forward to its continued success.∑ Funeral Honors Program have per- the Nation in energy research and de- velopment through the Idaho National f formed funerals for all of Maine’s sol- Laboratory, the Center for Advanced MUSIC IN THE MOUNTAINS diers who have been killed in action, as well as funerals for veterans of every Energy Studies, and the AREVA Eagle ∑ Mr. BENNET. Mr. President, today I era, including one in July 2010 for a Rock Enrichment Facility. recognize the 25th anniversary season Civil War Veteran, William Wallace Bonneville County residents have of Music in the Mountains, a nonprofit Clark, whose remains were recovered in much to celebrate with 100 years of ac- classical music festival held in Du- July 2009 from an unmarked grave be- complishments. The work of the Bon- rango, CO. This festival began in 1987 side that of his wife. The team per- neville County Heritage Association when Maestro Mischa Seminetsky as- formed 424 military funerals in its first and volunteers to organize events ob- sembled 11 musicians and offered 5 year, and this year they will perform serving this milestone, including the chamber music performances. Under over 1,300—sadly more than 3 funerals centennial Gala Celebration in Novem- the strong and capable leadership of ex- per day as our World War II veterans ber, is commendable. Many people have ecutive director Susan Lander and cur- are leaving us. worked hard to make this celebration rent board president Terry Bacon, the The soldiers of the Maine Military possible. festival has grown to more than 220 Funeral Honors Program proudly and I was blessed to grow up and together musicians, many of whom are esteemed respectfully render final honors for our with my wife raise our children in Bon- first chairs from orchestras across the fallen heroes, both past and present, neville County, where we experienced country and a number of world re- from Fort Kent to Kittery, in the swel- firsthand the exceptionalism of the nowned soloists. The festival now of- tering heat or the bitter cold. They people and the communities of the fers nearly thirty orchestral and cham- never break military bearing and con- county. ber performances as well as a number form to the same exacting standards Senator RISCH and I are proud to rec- of nontraditional musical events. that are expected of all honor guards ognize this landmark anniversary. We In addition the festival includes a across the country, including those at congratulate Bonneville County resi- conservatory program that provides Arlington National Cemetery. dents for this centennial, and we wish musical training and mentoring for up The Maine Military Funeral Honors its communities many more years of to 100 young musicians from around Program provides services to 96 percent success.∑

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.005 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5532 CONGRESSIONAL RECORD — SENATE September 13, 2011 SECURITY STATE BANK regional campuses throughout a 12- H.R. 2633. An act to amend title 28, United ∑ county district in order to offer a wide States Code, to clarify the time limits for Mr. KOHL. Mr. President, today I appeals in civil cases to which United States wish to recognize the 100th anniversary variety of educational opportunities to the greatest number of students pos- officers or employees are parties; to the of Security State Bank. I am honored Committee on the Judiciary. sible. Today, Madison College con- to have the opportunity to celebrate f this extraordinary milestone. tinues to add new programs, such as For over a century, Security State biotechnology and renewable energy, MEASURES READ THE FIRST TIME Bank has provided its customers with to keep up with the trends of the 21st The following bills were read the first the highest quality banking services. century and continue to live up to time: Since 1911, this locally owned institu- their mission. H.R. 2832. An act to extend the Generalized tion has grown substantially and con- For a century of service I commend System of Preferences, and for other pur- tinues to promote economic growth Madison College and recognize the fac- poses. throughout northern Wisconsin. Fur- ulty, students, alumni, and commu- H.R. 2887. An act to provide an extension of nities they call home. In these tough surface and air transportation programs, and thermore, Security State Bank has for other purposes. demonstrated an incredible commit- economic times, access to high-quality education and workforce development S. 1549. A bill to provide tax relief for ment to customer service, as well as to American workers and businesses, to put the communities and employees it are critically important to our State workers back on the job while rebuilding and serves. Under the leadership of the and country finding our way to better modernizing America, and to provide path- bank’s chairman and president, Mr. financial times. Madison College has ways back to work for Americans looking for Willard Ogren, Security State Bank stood the test of time as well as eco- jobs. has prospered, further cementing its nomic cycles. I am honored to recog- f nize Madison College on its centennial reputation as a fine lending institution EXECUTIVE AND OTHER celebration and for all it has done for but, more importantly, as a commu- COMMUNICATIONS nity leader dedicated to promoting fi- the State of Wisconsin and its citi- ∑ The following communications were nancial stability and improvement. zens. laid before the Senate, together with I have both personal and professional f accompanying papers, reports, and doc- admiration for independent banks that MESSAGES FROM THE HOUSE uments, and were referred as indicated: are focused on strengthening commu- nities in both the best and worst eco- At 11:45 a.m., a message from the EC–3168. A communication from the Ad- ministrator, Rural Housing Service, Depart- nomic times. For more than 100 years, House of Representatives, delivered by Mr. Novotny, one of its reading clerks, ment of Agriculture, transmitting, pursuant Security State Bank has embodied the to law, the report of a rule entitled ‘‘Inter- importance of building strong local announced that the House has passed the following bills, in which it requests governmental Review’’ (7 CFR Parts 1778, connections. 1942, 1944, 1948, 1951, 1980, 3560, 3565, 3570, 4274) It is for this commitment to pro- the concurrence of the Senate: received in the Office of the President of the viding every customer with the highest H.R. 1059. An act to protect the safety of Senate on September 8, 2011; to the Com- quality banking services and for their judges by extending the authority of the Ju- mittee on Agriculture, Nutrition, and For- dicial Conference to redact sensitive infor- estry. crucial role in community improve- mation contained in their financial disclo- EC–3169. A communication from the Con- ment that I am proud to recognize this sure reports, and for other purposes. gressional Review Coordinator, Animal and occasion and 100 years of service that H.R. 2076. An act to amend title 28, United Plant Health Inspection Service, Department Security State Bank has provided to States Code, to clarify the statutory author- of Agriculture, transmitting, pursuant to the people of the State of Wisconsin.∑ ity for the longstanding practice of the De- law, the report of a rule entitled ‘‘Commer- partment of Justice of providing investiga- cial Transportation of Equines to Slaughter’’ f tory assistance on request of State and local ((RIN0579–AC49) (Docket No. APHIS–2006– CENTENNIAL OF MADISON authorities with respect to certain serious 0168)) received in the Office of the President COLLEGE violent crimes, and for other purposes. of the Senate on September 8, 2011; to the H.R. 2633. An act to amend title 28, United Committee on Agriculture, Nutrition, and ∑ Mr. KOHL. Mr. President, I am hon- States Code, to clarify the time limits for Forestry. ored to have the opportunity to con- appeals in civil cases to which United States EC–3170. A communication from the Direc- gratulate Madison College on their officers or employees are parties. tor of the Regulatory Management Division, centennial celebration marking 100 Office of Policy, Environmental Protection years of providing high quality edu- At 2:22 p.m., a message from the Agency, transmitting, pursuant to law, the House of Representatives, delivered by report of a rule entitled ‘‘Atrazine, cation to students in my State. Chloroneb, Chlorpyrifos, Clofencet, Wisconsin was the first State to es- Mrs. Cole, one of its reading clerks, an- nounced that the House has passed the Endosulfan, et al; Tolerance Actions’’ (FRL tablish schools for technical and voca- No. 8883–9) received in the Office of the Presi- tional education. Madison College, following bill, in which it requests the dent of the Senate on September 12, 2011; to founded in 1912 as the Madison Con- concurrence of the Senate: the Committee on Agriculture, Nutrition, tinuation School, was opened to pro- H.R. 2887. An act to provide an extension of and Forestry. vide vocational education to students surface and air transportation programs, and EC–3171. A communication from the Direc- for other purposes. who dropped out of school. School ad- tor of the Regulatory Management Division, f Office of Policy, Environmental Protection ministrators also targeted adult work- Agency, transmitting, pursuant to law, the ers to help them maintain and flourish MEASURES REFERRED report of a rule entitled ‘‘Sulfur Dioxide; in their current jobs and also work to- The following bills were read the first Pesticide Tolerances for Emergency Exemp- ward obtaining new ones by providing and the second times by unanimous tions’’ (FRL No. 8887–2) received in the Office of the President of the Senate on September the classes to help them do so. consent, and referred as indicated: Throughout the years, Madison College 12, 2011; to the Committee on Agriculture, tailored its educational role by re- H.R. 1059. An act to protect the safety of Nutrition, and Forestry. judges by extending the authority of the Ju- EC–3172. A communication from the Direc- sponding to the Great Depression with dicial Conference to redact sensitive infor- tor of Defense Procurement and Acquisition increased craft specialty offerings, mation contained in their financial disclo- Policy, Department of Defense, transmit- such as millinery and woodworking, sure reports, and for other purposes; to the ting, pursuant to law, the report of a rule en- and later in the post–World War II era, Committee on Homeland Security and Gov- titled ‘‘Passive Radio Frequency Identifica- with the help of Federal funding, by ernmental Affairs. tion’’ ((RIN0750–AH05) (DFARS Case 2010– honing workers’ skills necessary for H.R. 2076. An act to amend title 28, United D014)) received in the Office of the President wartime jobs. States Code, to clarify the statutory author- of the Senate on September 12, 2011; to the The focus and plan to ensure that ity for the longstanding practice of the De- Committee on Armed Services. partment of Justice of providing investiga- EC–3173. A communication from the Direc- every person gets a high-quality edu- tory assistance on request of State and local tor of Defense Procurement and Acquisition cation remain true today at this fine authorities with respect to certain serious Policy, Department of Defense, transmit- institution. Currently, Madison College violent crimes, and for other purposes; to the ting, pursuant to law, the report of a rule en- operates 12 locations in Madison and 4 Committee on the Judiciary. titled ‘‘Discussions Prior to Contract

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.011 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5533 Award’’ ((RIN0750–AG82) (DFARS Case 2010– Particle Standard for Four Nonattainment Office of Policy, Environmental Protection D013)) received in the Office of the President Areas’’ (FRL No. 9463–1) received in the Of- Agency, transmitting, pursuant to law, the of the Senate on September 12, 2011; to the fice of the President of the Senate on Sep- report of a rule entitled ‘‘Approval and Pro- Committee on Armed Services. tember 12, 2011; to the Committee on Energy mulgation of Implementation Plans; Texas; EC–3174. A communication from the Direc- and Natural Resources. Revisions to Permits by Rule and Regula- tor of Defense Procurement and Acquisition EC–3183. A communication from the Chief tions for Control of Air Pollution by Permits Policy, Department of Defense, transmit- of the Recovery and Delisting Branch, Fish for New Construction or Modification’’ (FRL ting, pursuant to law, the report of a rule en- and Wildlife Services, Department of the In- No. 9463–6) received in the Office of the Presi- titled ‘‘Alternative Line Item Structure’’ terior, transmitting, pursuant to law, the re- dent of the Senate on September 12, 2011; to ((RIN0750–AH02) (DFARS Case 2010–D017)) re- port of a rule entitled ‘‘Endangered and the Committee on Environment and Public ceived in the Office of the President of the Threatened Wildlife and Plants; Removal of Works. Senate on September 12, 2011; to the Com- Echinacea tennesseensis (Tennessee Purple EC–3191. A communication from the Direc- mittee on Armed Services. Coneflower) from the Federal List of Endan- tor of the Regulatory Management Division, EC–3175. A communication from the Direc- gered and Threatened Plants’’ (RIN1018– Office of Policy, Environmental Protection tor of Defense Procurement and Acquisition AW26) received in the Office of the President Agency, transmitting, pursuant to law, the Policy, Department of Defense, transmit- of the Senate on September 12, 2011; to the report of a rule entitled ‘‘National Priorities ting, pursuant to law, the report of a rule en- Committee on Environment and Public List, Final Rule No. 52’’ (FRL No. 9464–6) re- titled ‘‘Material Inspection and Receiving Works. ceived in the Office of the President of the Report’’ (DFARS Case 2009–D023) received in EC–3184. A communication from the Acting Senate on September 12, 2011; to the Com- the Office of the President of the Senate on Chair of the Federal Subsistence Board, Fish mittee on Environment and Public Works. September 12, 2011; to the Committee on and Wildlife Services, Department of the In- EC–3192. A communication from the Direc- Armed Services. terior, transmitting, pursuant to law, the re- tor of Human Resources, Office of Adminis- EC–3176. A communication from the Direc- port of a rule entitled ‘‘Subsistence Manage- tration and Resources Management, Envi- tor of Defense Procurement and Acquisition ment Regulations for Public Lands in Alas- ronmental Protection Agency, transmitting, Policy, Department of Defense, transmit- ka—Subpart B, Federal Subsistence Board’’ pursuant to law, a report relative to a va- ting, pursuant to law, the report of a rule en- (RIN1018–AX52) received in the Office of the cancy in the position of Assistant Adminis- titled ‘‘Construction and Architect-Engineer President of the Senate on September 12, trator for Water, received in the Office of the Services Performance Evaluation’’ 2011; to the Committee on Environment and President of the Senate on September 8, 2011; ((RIN0750–AG91) (DFARS Case 2010–D024)) re- Public Works. to the Committee on Environment and Pub- ceived in the Office of the President of the EC–3185. A communication from the Acting lic Works. Senate on September 12, 2011; to the Com- Chief of the Foreign Species Branch, Fish EC–3193. A communication from the Direc- mittee on Armed Services. and Wildlife Services, Department of the In- tor of Regulations and Policy Management EC–3177. A communication from the Direc- terior, transmitting, pursuant to law, the re- Staff, Food and Drug Administration, De- tor of Defense Procurement and Acquisition port of a rule entitled ‘‘Endangered and partment of Health and Human Services, Policy, Department of Defense, transmit- Threatened Wildlife and Plants; Listing Six transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- Foreign Birds as Endangered Throughout a rule entitled ‘‘Advisory Committee; titled ‘‘Designation of a Contracting Offi- Their Range’’ (RIN1018–AW39) received in the Change of Name and Function; Technical cer’s Representative’’ ((RIN0750–AH35) Office of the President of the Senate on Sep- Amendment’’ (Docket No. FDA–2011–N–0002) (DFARS Case 2011–D037)) received in the Of- tember 12, 2011; to the Committee on Envi- received in the Office of the President of the Senate on September 8, 2011; to the Com- fice of the President of the Senate on Sep- ronment and Public Works. tember 12, 2011; to the Committee on Armed EC–3186. A communication from the Wild- mittee on Health, Education, Labor, and Services. life Biologist, Fish and Wildlife Services, De- Pensions. EC–3194. A communication from the Sec- EC–3178. A communication from the Direc- partment of the Interior, transmitting, pur- retary of Health and Human Services, trans- tor of Defense Procurement and Acquisition suant to law, the report of a rule entitled mitting, pursuant to law, the Department’s Policy, Department of Defense, transmit- ‘‘Migratory Bird Hunting; Migratory Bird Fiscal Year 2008 Low Income Home Energy ting, pursuant to law, the report of a rule en- Hunting Regulations on Certain Federal In- Assistance Program (LIHEAP) Report; to the titled ‘‘Positive Law Codification of Title 41 dian Reservations and Ceded Lands for the Committee on Health, Education, Labor, and U.S.C.’’ ((RIN0750–AG38) (DFARS Case 2011– 2011–12 Early Season’’ (RIN1018–AX34) re- Pensions. D036)) received in the Office of the President ceived in the Office of the President of the EC–3195. A communication from the In- of the Senate on September 12, 2011; to the Senate on September 12, 2011; to the Com- spector General, Railroad Retirement Board, Committee on Armed Services. mittee on Environment and Public Works. transmitting, pursuant to law, a report rel- EC–3179. A communication from the Direc- EC–3187. A communication from the Wild- ative to the Office of Inspector General’s tor of Defense Procurement and Acquisition life Biologist, Fish and Wildlife Services, De- budget request for the fiscal year 2013; to the Policy, Department of Defense, transmit- partment of the Interior, transmitting, pur- Committee on Health, Education, Labor, and ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled Pensions. titled ‘‘Award Fee Reduction or Denial for ‘‘Migratory Bird Hunting; Early Seasons and EC–3196. A communication from the Board Health or Safety Issues’’ ((RIN0750–AH37) Bag and Possession Limits for Certain Mi- Members, Railroad Retirement Board, trans- (DFARS Case 2011–D033)) received in the Of- gratory Game Birds in the Contiguous mitting, pursuant to law, a report relative to fice of the President of the Senate on Sep- United States, Alaska, Hawaii, Puerto Rico, the Board’s budget request for the fiscal year tember 9, 2011; to the Committee on Armed and the Virgin Islands’’ (RIN1018–AX34) re- 2013; to the Committee on Health, Education, Services. ceived in the Office of the President of the Labor, and Pensions. EC–3180. A communication from the Chief Senate on September 12, 2011; to the Com- EC–3197. A communication from the Assist- Counsel, Federal Emergency Management mittee on Environment and Public Works. ant Secretary, Bureau of Legislative Affairs, Agency, Department of Homeland Security, EC–3188. A communication from the Wild- Department of State, transmitting, pursuant transmitting, pursuant to law, the report of life Biologist, Fish and Wildlife Services, De- to the Arms Export Control Act, the certifi- a rule entitled ‘‘Suspension of Community partment of the Interior, transmitting, pur- cation of a proposed amendment to a manu- Eligibility’’ ((44 CFR Part 64) (Docket No. suant to law, the report of a rule entitled facturing license agreement to include the FEMA–2011–0002)) received in the Office of ‘‘Migratory Bird Hunting; Final Frameworks export of defense articles, including, tech- the President of the Senate on September 8, for Early-Season Migratory Bird Hunting nical data, and defense services to Canada 2011; to the Committee on Banking, Housing, Regulations’’ (RIN1018–AX34) received in the for development, testing, and manufacture of and Urban Affairs. Office of the President of the Senate on Sep- the Improved Drive System transmission EC–3181. A communication from the Acting tember 12, 2011; to the Committee on Envi- system and parts thereof, for the AH–64D Assistant Secretary for Housing-Federal ronment and Public Works. Apache helicopter Block III upgrade for end- Housing Commissioner, transmitting, pursu- EC–3189. A communication from the Direc- use by the U.S. Army in the amount of ant to law, a report relative to the Federal tor of the Regulatory Management Division, $100,000,000 or more; to the Committee on Housing Administration’s (FHA) General and Office of Policy, Environmental Protection Foreign Relations. Special Risk Insurance (GI/SRI) Fund and Agency, transmitting, pursuant to law, the EC–3198. A communication from the Assist- the FHA’s Mutual Mortgage Insurance Fund; report of a rule entitled ‘‘Approval and Pro- ant Secretary, Bureau of Legislative Affairs, to the Committee on Banking, Housing, and mulgation of Air Quality Implementation Department of State, transmitting, pursuant Urban Affairs. Plans; Ohio and West Virginia; Determina- to the Arms Export Control Act, the certifi- EC–3182. A communication from the Direc- tions of Attainment of the 1997 Annual Fine cation of a proposed amendment to a manu- tor of the Regulatory Management Division, Particulate Standard for Four Nonattain- facturing license agreement for the manufac- Office of Policy, Environmental Protection ment Areas’’ (FRL No. 9463–1) received in the ture of significant military equipment Agency, transmitting, pursuant to law, the Office of the President of the Senate on Sep- abroad involving the export of defense arti- report of a rule entitled ‘‘Approval and Pro- tember 12, 2011; to the Committee on Envi- cles, including technical data, and defense mulgation of Air Quality Implementation ronment and Public Works. services to Mexico for the pre-cast and post- Plans; Ohio and West Virginia; Determina- EC–3190. A communication from the Direc- cast finishing operations of military air- tions of Attainment of the 1997 Annual Fine tor of the Regulatory Management Division, craft, tank, and naval engine components to

VerDate Mar 15 2010 00:56 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.015 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5534 CONGRESSIONAL RECORD — SENATE September 13, 2011 include engine hot-section blades for end use (RIN2127–AL00) received in the Office of the to the Committee on Commerce, Science, by United States military engine manufac- President of the Senate on September 9, 2011; and Transportation. turers in the amount of $29,500,000; to the to the Committee on Commerce, Science, EC–3215. A communication from the Acting Committee on Foreign Relations. and Transportation. Director, Office of Sustainable Fisheries, De- EC–3199. A communication from the Direc- EC–3208. A communication from the Assist- partment of Commerce, transmitting, pursu- tor, Employee Services, Office of Personnel ant Chief Counsel for General Law, Pipeline ant to law, the report of a rule entitled Management, transmitting, pursuant to law, and Hazardous Materials Safety Administra- ‘‘Fisheries of the Exclusive Economic Zone the report of a rule entitled ‘‘Prevailing Rate tion, Department of Transportation, trans- Off Alaska; Pacific Ocean Perch for Catcher/ Systems; Abolishment of Monmouth, New mitting, pursuant to law, the report of a rule Processors Participating in the Rockfish Jersey, as a Nonappropriated Fund Federal entitled ‘‘Hazardous Materials: Minor Edi- Limited Access Fishery in the Central Regu- Wage System Wage Area’’ (RIN3206–AM49) torial Corrections and Clarifications’’ latory Area of the Gulf of Alaska’’ (RIN0648– received in the Office of the President of the (RIN2137–AE77) received in the Office of the XA587) received in the Office of the President Senate on September 8, 2011; to the Com- President of the Senate on September 9, 2011; of the Senate on September 6, 2011; to the mittee on Homeland Security and Govern- to the Committee on Commerce, Science, Committee on Commerce, Science, and mental Affairs. and Transportation. Transportation. EC–3200. A communication from the Direc- EC–3209. A communication from the Pro- EC–3216. A communication from the Acting tor, Employee Services, Office of Personnel gram Analyst, National Highway Traffic Director, Office of Sustainable Fisheries, De- Management, transmitting, pursuant to law, Safety Administration, Department of partment of Commerce, transmitting, pursu- the report of a rule entitled ‘‘Pay for Sunday Transportation, transmitting, pursuant to ant to law, the report of a rule entitled Work’’ (RIN3206–AM08) received in the Office law, the report of a rule entitled ‘‘Certifi- ‘‘Fisheries of the Exclusive Economic Zone of the President of the Senate on September cation; Importation of Vehicles and Equip- Off Alaska; Pacific Cod for American Fish- 8, 2011; to the Committee on Homeland Secu- ment Subject to Federal Safety, Bumper, eries Act Catcher/Processors Using Trawl rity and Governmental Affairs. and Theft Prevention Standards; Registered Gear in the Bering Sea and Aleutian Islands EC–3201. A communication from the Direc- Importers of Vehicles Not Originally Manu- Management Area’’ (RIN0648–XA616) received tor, Employee Services, Office of Personnel factured to Conform to the Federal Motor in the Office of the President of the Senate Management, transmitting, pursuant to law, Vehicle Safety Standards’’ (RIN2127–AK32) on September 6, 2011; to the Committee on the report of a rule entitled ‘‘Personnel received in the Office of the President of the Commerce, Science, and Transportation. Records’’ (RIN3206–AM05) received in the Of- Senate on September 9, 2011; to the Com- EC–3217. A communication from the Acting fice of the President of the Senate on Sep- mittee on Commerce, Science, and Transpor- Director, Office of Sustainable Fisheries, De- tember 8, 2011; to the Committee on Home- tation. partment of Commerce, transmitting, pursu- land Security and Governmental Affairs. EC–3210. A communication from the Acting ant to law, the report of a rule entitled EC–3202. A communication from the Direc- Director, Office of Sustainable Fisheries, De- ‘‘Fisheries of the Exclusive Economic Zone tor, Retirement Services, Office of Personnel partment of Commerce, transmitting, pursu- Off Alaska; Pacific Ocean Perch for Catcher Management, transmitting, pursuant to law, ant to law, the report of a rule entitled ‘‘At- Vessels Participating in the Rockfish Entry the report of a rule entitled ‘‘Federal Em- lantic Highly Migratory Species; Inseason Level Trawl Fishery in the Central Regu- ployees’ Retirement System; Present Value Action To Close the Commercial Non-Sand- latory Area of the Gulf of Alaska’’ (RIN0648– Conversion Factors for Spouses of Deceased bar Large Coastal Shark Research Fishery’’ XA612) received in the Office of the President Separated Employees’’ (RIN3206–AM29) re- (RIN0648–XA580) received during recess of the of the Senate on September 6, 2011; to the ceived in the Office of the President of the Senate in the Office of the President of the Committee on Commerce, Science, and Senate on September 8, 2011; to the Com- Senate on August 11, 2011; to the Committee Transportation. mittee on Homeland Security and Govern- on Commerce, Science, and Transportation. EC–3218. A communication from the Acting mental Affairs. EC–3211. A communication from the Acting Director, Office of Sustainable Fisheries, De- EC–3203. A communication from the Assist- Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- ant Attorney General, Office of Legislative partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled Affairs, Department of Justice, transmit- ant to law, the report of a rule entitled ‘‘At- ‘‘Fisheries of the Exclusive Economic Zone ting, pursuant to law, a report entitled ‘‘Uni- lantic Highly Migratory Species; Atlantic Off Alaska; Northern Rockfish in the Bering formed Services Employment and Reemploy- Bluefin Tuna Fisheries; Northern Area Tro- Sea and Aleutian Islands Management Area’’ ment Rights Act of 1994 (USERRA) Quarterly phy Fishery’’ (RIN0648–XA550) received dur- (RIN0648–XA547) received in the Office of the Report to Congress; Third Quarter of Fiscal ing recess of the Senate in the Office of the President of the Senate on September 6, 2011; Year 2011’’; to the Committee on Veterans’ President of the Senate on August 11, 2011; to to the Committee on Commerce, Science, Affairs. the Committee on Commerce, Science, and and Transportation. EC–3204. A communication from the Pro- Transportation. f gram Analyst, National Highway Traffic EC–3212. A communication from the Acting Safety Administration, Department of Director, Office of Sustainable Fisheries, De- PETITIONS AND MEMORIALS Transportation, transmitting, pursuant to partment of Commerce, transmitting, pursu- The following petitions and memo- law, the report of a rule entitled ‘‘Federal ant to law, the report of a rule entitled rials were laid before the Senate and Motor Vehicle Safety Standards; Side Im- ‘‘Fisheries of the Exclusive Economic Zone were referred or ordered to lie on the Off Alaska; Northern Rockfish for Catcher/ pact Protection’’ (RIN2127–AK82) received in table as indicated: the Office of the President of the Senate on Processors Participating in the Rockfish September 9, 2011; to the Committee on Com- Limited Access Fishery in the Central Regu- POM–61. A resolution adopted by the Com- merce, Science, and Transportation. latory Area of the Gulf of Alaska’’ (RIN0648– mission of Wayne County of the State of EC–3205. A communication from the Pro- XA594) received during recess of the Senate Michigan relative to support of an integrated gram Analyst, National Highway Traffic in the Office of the President of the Senate network of high-speed trains and expanded Safety Administration, Department of on August 11, 2011; to the Committee on Amtrak service as a key to economic devel- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. opment, job creation and fuel consumption law, the report of a rule entitled ‘‘Uniform EC–3213. A communication from the Acting reduction; to the Committee on Commerce, Criteria for State Observational Surveys of Director, Office of Sustainable Fisheries, De- Science, and Transportation. Seat Belt Use’’ (RIN2127–AK41) received in partment of Commerce, transmitting, pursu- POM–62. A joint resolution adopted by the the Office of the President of the Senate on ant to law, the report of a rule entitled Senate of the State of California urging Con- September 9, 2011; to the Committee on Com- ‘‘Fisheries of the Exclusive Economic Zone gress to enact federal legislation to mod- merce, Science, and Transportation. Off Alaska; Pelagic Shelf Rockfish for Catch- ernize the federal Toxic Substances Control EC–3206. A communication from the Pro- er/Processors Participating in the Rockfish Act of 1976 by strengthening chemical man- gram Analyst, National Highway Traffic Limited Access Fishery in the Central Regu- agement through specified policy reforms; to Safety Administration, Department of latory Area of the Gulf of Alaska’’ (RIN0648– the Committee on Environment and Public Transportation, transmitting, pursuant to XA588) received during recess of the Senate Works. law, the report of a rule entitled ‘‘Federal in the Office of the President of the Senate SENATE JOINT RESOLUTION NO. 3 Motor Vehicle Safety Standards: Occupant on August 11, 2011; to the Committee on Whereas, children and pregnant women are Crash Protection’’ (RIN2127–AK25) received Commerce, Science, and Transportation. uniquely vulnerable to the health threats of in the Office of the President of the Senate EC–3214. A communication from the Acting toxic chemicals, and early life chemical ex- on September 9, 2011; to the Committee on Director, Office of Sustainable Fisheries, De- posures have been linked to chronic disease Commerce, Science, and Transportation. partment of Commerce, transmitting, pursu- later in life; and EC–3207. A communication from the Pro- ant to law, the report of a rule entitled Whereas, a growing body of peer-reviewed gram Analyst, National Highway Traffic ‘‘Fisheries of the Exclusive Economic Zone scientific evidence links exposure to toxic Safety Administration, Department of Off Alaska; Pacific Ocean Perch in the West- chemicals to many diseases and health con- Transportation, transmitting, pursuant to ern Aleutian District of the Bering Sea and ditions that are rising in incidence, includ- law, the report of a rule entitled ‘‘Federal Aleutian Islands Management Area’’ ing childhood cancers, prostate cancer, Motor Vehicle Safety Standards; Lamps, Re- (RIN0648–XA589) received in the Office of the breast cancer, learning and developmental flective Devices, and Associated Equipment’’ President of the Senate on September 6, 2011; disabilities, infertility, and obesity; and

VerDate Mar 15 2010 04:54 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.017 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5535 Whereas, the President’s Cancer Panel re- lition of 13 states issued guiding principles EXECUTIVE REPORTS OF port released in May 2010 states ‘‘the true for TSCA reform; and COMMITTEE burden of environmentally induced cancers Whereas, seventy-one state laws on chem- has been grossly underestimated,’’ and the ical safety have been enacted and signed into The following executive reports of panel advised the President of the United law in 18 states with broad bipartisan sup- nominations were submitted: States ‘‘to use the power of your office to re- port over the last eight years; and By Mr. KERRY for the Committee on For- move the carcinogens and other toxins from Whereas, California’s policy leadership on eign Relations. our food, water, and air that needlessly in- chemical management, although out- * Wendy Ruth Sherman, of Maryland, to be crease health care costs, cripple our nation’s standing, cannot substitute for congressional an Under Secretary of State (Political Af- productivity, and devastate American lives’’; leadership to reform TSCA, a reform which fairs). and all parties agree is urgently needed; and * Robert Stephen Ford, of Vermont, a Ca- Whereas, workers in a range of industries Whereas, TSCA is the only major federal reer Member of the Senior Foreign Service, are exposed to toxic chemicals which pose environmental statute that has never been Class of Minister-Counselor, to be Ambas- threats to their health, increasing worker updated or reauthorized; and sador Extraordinary and Plenipotentiary of absenteeism, workers’ compensation claims, Whereas, legislation to substantially re- the United States of America to the Syrian and health care costs that burden the econ- form TSCA was introduced during the 109th Arab Republic, to which position he was ap- omy; and Congress in 2005, the 110th Congress in 2008, pointed during the recess of the Senate from Whereas, a recent national poll found that and again in the 111th Congress in 2010; Now, December 22, 2010, to January 5, 2011. 78 percent of American voters were seriously therefore, be it Nominee: Robert S. Ford. concerned about the threat to children’s Resolved by the Senate and the Assembly of Post: U.S. Embassy Bahrain. health from exposure to toxic chemicals in the State of California, jointly, That the Cali- (The following is a list of all members of day-to-day life; and fornia State Legislature urges the President my immediate family and their spouses. I Whereas, states bear an undue burden from and the 112th Congress of the United States have asked each of these persons to inform toxic chemicals, including health care costs to enact federal legislation to modernize the me of the pertinent contributions made by and environmental damages, disadvantaging federal Toxic Substances Control Act of 1976 them. To the best of my knowledge, the in- businesses that lack information on chemi- by strengthening chemical management formation contained in this report is com- cals in their supply chain, and increasing de- through policy reforms that would do all of plete and accurate.) mands for state regulation; and the following: Contributions, amount, date, and donee: Whereas, the federal Toxic Substances (a) Require producers and importers to per- 1. Self. None. Control Act of 1976 (TSCA; 15 U.S.C. Sec. 2601 form comprehensive toxicity testing on their 2. Spouse: Clare Alison Barkley: None. et seq.), the primary governing federal stat- products and to fully disclose the results of 3. Children and Spouses: None. ute, was intended to authorize the federal their testing. 4. Parents: William Jack Ford—None. Mar- Environmental Protection Agency (EPA) to (b) Require producers and importers to dis- ian Ford—None. protect public health and the environment close the identities of chemicals in their 5. Grandparents: Deceased. from toxic chemicals; and products. 6. Brothers and Spouses: William E. Ford— Whereas, when TSCA was passed, about (c) Require immediate action to reduce or None; Brian J. Ford—None. 62,000 chemicals in commerce were ‘‘grand- eliminate the worst chemicals, including fathered in’’ without any required testing for persistent, bioaccumulative, and toxic Norman L. Eisen, of the District of Colum- health and safety hazards or any restrictions chemicals, which are known as PBTs, and bia, to be Ambassador Extraordinary and on usage; and other priority toxic chemicals, to which Plenipotentiary of the United States of Whereas, in the 35 years since the enact- there is already widespread exposure. America to the Czech Republic, to which po- ment of TSCA, the EPA has required chem- (d) Preserve the authority of state and sition he was appointed during the recess of ical companies to test only about 200 of tribal governments to operate chemical the Senate from December 22, 2010, to Janu- those chemicals for health hazards and has management programs that are more protec- ary 5, 2011. issued partial restrictions on only five tive than the programs established by the Nominee: Norman L. Eisen. chemicals; and federal government. Post: Ambassador to the Czech Republic. Whereas, TSCA has been widely recognized (e) Establish health safety standards for (The following is a list of all members of as ineffective and obsolete due to legal and chemicals that rely on the best available my immediate family and their spouses. I procedural hurdles that prevent the EPA science to protect the most vulnerable, in- have asked each of these persons to inform from taking quick and effective regulatory cluding children and the developing fetus. me of the pertinent contributions made by action to protect the public against well- (f) Support those chemical manufacturers them. To the best of my knowledge, the in- known chemical threats; and that are striving to establish that all exist- formation contained in this report is com- Whereas, a strong uniform federal standard ing and new chemicals are not harmful to plete and accurate.) would be beneficial to both consumers and human health, and to provide essential Contributions, amount, date, and donee: businesses; and health and safety information on chemicals 1. Self: $28,500.00, 7/31/2008, Obama Victory Whereas, in January 2009, the United to inform the market, consumers, and the Fund (Distributed $1,150 to OFA, $27,350 to States General Accounting Office (GAO) public. DNC); $2,300.00, 6/25/2008, Kissel for Congress; added the EPA’s regulatory program for as- (g) Reward innovation by fast-tracking the $500.00, 6/18/2008, Friends of Jay Rockefeller; sessing and controlling toxic chemicals to approval of new, demonstrably safer chemi- $1,000.00, 6/12/2008, Pennsylvanians for Kan- its list of ‘‘high risk’’ government programs cals, and invest in green chemistry research jorski; $250.00, 3/27/2008, Al Franken for Sen- that are not working as intended, finding and workforce development to boost Amer- ate; $1,000.00, 3/15/2008, Berkowitz for Con- that the EPA has been unable to complete ican business and spur jobs making safer al- gress; $1,000.00, 2/1/2008, Warner for Senate; assessments of chemicals of the highest con- ternatives. $1,150.00, 12/18/2007, Donna Edwards for Con- cern. The EPA requires additional authority (h) Promote environmental justice by de- gress; $1,150.00, 4/6/2007, Obama for America; to obtain health and safety information from veloping action plans to reduce dispropor- $2,300.00, 3/26/2007, Biden for President; the chemical industry and to shift more of tionate exposure to toxic chemicals in ‘‘hot $2,300.00, 3/26/2007; Obama for President. the burden to chemical companies to dem- spots’’ communities; 2. Spouse: M. Lindsay Kaplan: $2,300.00, 6/ onstrate the safety of their products. TSCA Resolved, That the Secretary of the Senate 25/2008, Kissel for Congress; $2,000.00, 9/10/2008, does not provide sufficient chemical safety transmit copies of this resolution to the Moveon.Org Political Action; $1,150.00, 2/5/ data for public use by consumers, businesses, President and Vice President of the United 2008, Donna Edwards for Congress; $1,000.00, 6/ and workers and fails to create incentives to States, to the President pro Tempore of the 30/2007, Biden for President, Inc.; $1,150.00, 4/ develop safer alternatives; and United States Senate, to the Speaker of the 6/2007, Obama for America; $2,300.00, 3/6/2007, Whereas, the National Conference of State House of Representatives, to each Senator Obama for America. Legislatures unanimously adopted a resolu- and Representative from California in the 3. Children and Spouses: Tamar Y. Eisen, tion in July 2009 that articulated principles Congress of the United States, and to the au- none. for the reform of TSCA and called on Con- thor for appropriate distribution. 4. Parents: Frieda Eisen, none; Irvin gress to act to update the law; and Eisen—deceased. Whereas, in August 2010, the Environ- f 5. Grandparents: All of my grandparents mental Council of the States (ECOS), the na- REPORTS OF COMMITTEES have been deceased for over 40 years. tional association of state environmental 6. Brothers and Spouses: Robert B. Eisen, agency directors, unanimously adopted a res- The following reports of committees none; Steven H. Eisen, none. olution entitled ‘‘Reforming the Toxic Sub- were submitted: 7. Sisters and Spouses: Not applicable. stances Control Act,’’ which endorsed spe- By Mr. JOHNSON of South Dakota, from cific policy reforms; and the Committee on Banking, Housing, and * Francis Joseph Ricciardone, Jr., of Mas- Whereas, ten states have come together to Urban Affairs, without amendment: sachusetts, a Career Member of the Senior launch the Interstate Chemicals Clearing- S. 1547. A bill to reauthorize the Export- Foreign Service, Class of Career Minister, to house (IC2) to coordinate state chemical in- Import Bank of the United States, and for be Ambassador Extraordinary and Pleni- formation management programs, and a coa- other purposes. potentiary of the United States of America

VerDate Mar 15 2010 04:54 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.020 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5536 CONGRESSIONAL RECORD — SENATE September 13, 2011 to the Republic of Turkey, to which position mittee on Homeland Security and Govern- (Mrs. GILLIBRAND) and the Senator he was appointed during the recess of the mental Affairs. from Maine (Ms. SNOWE) were added as Senate from December 22, 2010, to January 5, By Mr. JOHNSON of South Dakota: cosponsors of S. 274, a bill to amend S. 1547. A bill to reauthorize the Export- 2011. title XVIII of the Social Security Act Nominee: Francis Joseph Ricciardone, Jr. Import Bank of the United States, and for Post: U.S. Embassy Ankara. other purposes; from the Committee on to expand access to medication therapy (The following is a list of all members of Banking, Housing, and Urban Affairs; placed management services under the Medi- my immediate family and their spouses. I on the calendar. care prescription drug program. have asked each of these persons to inform By Mr. JOHNSON of South Dakota: S. 996 me of the pertinent contributions made by S. 1548. A bill to extend the National Flood Insurance Program until December 31, 2011; At the request of Mr. ROCKEFELLER, them. To the best of my knowledge, the in- the name of the Senator from Wash- formation contained in this report is com- to the Committee on Banking, Housing, and plete and accurate). Urban Affairs. ington (Ms. CANTWELL) was added as a Contributions, amount, date, donee: By Mr. REID (by request): cosponsor of S. 996, a bill to amend the S. 1549. A bill to provide tax relief for 1. Self: None. Internal Revenue Code of 1986 to extend American workers and businesses, to put 2. Spouse: None. the new markets tax credit through workers back on the job while rebuilding and 3. Children and Spouses: Francesca Mara modernizing America, and to provide path- 2016, and for other purposes. Ricciardone and Micah White: None. Chiara ways back to work for Americans looking for S. 1002 Teresa Ricciardone: None. jobs; read the first time. At the request of Mr. SCHUMER, the 4. Parents: Francis J. Ricciardone, Sr., By Mr. BROWN of Ohio (for himself $100, 2008, Republican National Committee. name of the Senator from Wisconsin and Mr. REED): (Mr. KOHL) was added as a cosponsor of (Mother deceased). S. 1550. A bill to establish the National In- 5. Grandparents: Deceased. frastructure Bank to provide financial as- S. 1002, a bill to prohibit theft of med- 6. Brothers and Spouses: Michael and Eliz- sistance for qualified infrastructure projects ical products, and for other purposes. abeth Ricciardone, None; James and Lisa selected by the Bank, and for other purposes; S. 1009 Ricciardone, None; David and Beverly to the Committee on Banking, Housing, and At the request of Mr. RUBIO, the Ricciardone, None. Urban Affairs. name of the Senator from Tennessee 7. Sisters and Spouses: Theresa By Mr. KIRK (for himself, Mr. ALEX- (Mr. ALEXANDER) was added as a co- Ricciardone and Peter Thayer, None; Mar- ANDER, Mr. RUBIO, and Mr. WYDEN): guerite Ricciardone and David R. Stone, $100, S. 1551. A bill to establish a smart card sponsor of S. 1009, a bill to rescind cer- 2/2010, Ellen Gibbs (D) (Selectman, Wellesley, pilot program under the Medicare program; tain Federal funds identified by States MA). to the Committee on Finance. as unwanted and use the funds to re- f duce the Federal debt. * John A. Heffern, of Missouri, a Career S. 1025 Member of the Senior Foreign Service, Class SUBMISSION OF CONCURRENT AND of Minister-Counselor, to be Ambassador Ex- SENATE RESOLUTIONS At the request of Mr. LEAHY, the name of the Senator from Illinois (Mr. traordinary and Plenipotentiary of the The following concurrent resolutions United States of America to the Republic of and Senate resolutions were read, and DURBIN) was added as a cosponsor of S. Armenia. referred (or acted upon), as indicated: 1025, a bill to amend title 10, United * Nomination was reported with rec- States Code, to enhance the national ommendation that it be confirmed subject to By Mrs. FEINSTEIN (for herself, Mr. defense through empowerment of the GRASSLEY, Mr. BLUMENTHAL, Mr. the nominee’s commitment to respond to re- National Guard, enhancement of the quests to appear and testify before any duly WHITEHOUSE, Mr. DURBIN, Mr. ROCKE- constituted committee of the Senate. FELLER, Mr. MANCHIN, and Mr. functions of the National Guard Bu- Nominee: John Ashwood Heffern. PORTMAN): reau, and improvement of Federal- Post: United States Ambassador to Arme- S. Res. 261. A resolution designating the State military coordination in domes- nia. month of October 2011 as ‘‘National Medicine tic emergency response, and for other (The following is a list of all members of Abuse Awareness Month’’; to the Committee purposes. on the Judiciary. my immediate family and their spouses. I S. 1060 have asked each of these persons to inform By Ms. STABENOW (for herself and At the request of Mr. BLUMENTHAL, me of the pertinent contributions made by Ms. SNOWE): S. Res. 262. A resolution designating the them. To the best of my knowledge, the in- the name of the Senator from Iowa week beginning on September 12, 2011, and formation contained in this report is com- (Mr. HARKIN) was added as a cosponsor ending on September 16, 2011, as ‘‘National of S. 1060, a bill to improve education, plete and accurate.) Health Information Technology Week’’ to Contributions, amount, date, donee: recognize the value of health information employment, independent living serv- 1. Self: 0. technology in improving health quality; con- ices, and health care for veterans, to 2. Spouse: 0. sidered and agreed to. improve assistance for homeless vet- 3. Children and Spouses: 0. By Mr. NELSON of Nebraska (for him- erans, and to improve the administra- 4. Parents: 0. self and Ms. COLLINS): tion of the Department of Veterans Af- 5. Grandparents: 0. S. Res. 263. A resolution designating the fairs, and for other purposes. 6. Brothers and Spouses: Christopher E. week beginning September 11, 2011, as ‘‘Na- Heffern: $200, 02/26/2008, Hillary Clinton tional Direct Support Professionals Recogni- S. 1094 (donor was sister-in-law Patricia Heffern). tion Week’’; considered and agreed to. At the request of Mr. MENENDEZ, the 7. Sisters and Spouses: Exact amounts un- By Mr. PRYOR (for himself and Mr. names of the Senator from Delaware known; those who donated anything at all BOOZMAN): (Mr. CARPER) and the Senator from claimed the amounts were negligible and S. Res. 264. A resolution designating Sep- Louisiana (Mr. VITTER) were added as were all for local candidates they did not dis- tember 12, 2011, as ‘‘National Day of Encour- close to me. agement’’; considered and agreed to. cosponsors of S. 1094, a bill to reauthor- ize the Combating Autism Act of 2006 f By Mr. NELSON of Florida (for himself and Mr. RUBIO): (Public Law 109–416). INTRODUCTION OF BILLS AND S. Res. 265. A resolution honoring the life- S. 1299 time achievements of E. Thom Rumberger; JOINT RESOLUTIONS At the request of Mr. MORAN, the considered and agreed to. The following bills and joint resolu- name of the Senator from Connecticut f tions were introduced, read the first (Mr. BLUMENTHAL) was added as a co- and second times by unanimous con- ADDITIONAL COSPONSORS sponsor of S. 1299, a bill to require the sent, and referred as indicated: S. 20 Secretary of the Treasury to mint By Mr. INHOFE: At the request of Mr. HATCH, the coins in commemoration of the centen- S. 1545. A bill to designate Taiwan as a visa name of the Senator from Kansas (Mr. nial of the establishment of Lions waiver program country under section 217(c) MORAN) was added as a cosponsor of S. Clubs International. of the Immigration and Nationality Act; to 20, a bill to protect American job cre- S. 1301 the Committee on the Judiciary. ation by striking the job-killing Fed- At the request of Mr. LEAHY, the By Mr. LIEBERMAN (for himself and eral employer mandate. Ms. COLLINS): name of the Senator from New York S. 1546. A bill to authorize certain pro- S. 274 (Mr. SCHUMER) was added as a cospon- grams of the Department of Homeland Secu- At the request of Mrs. HAGAN, the sor of S. 1301, a bill to authorize appro- rity, and for other purposes; to the Com- names of the Senator from New York priations for fiscal years 2012 to 2015 for

VerDate Mar 15 2010 04:54 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.024 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5537 the Trafficking Victims Protection Act sor of S. 1512, a bill to amend the Inter- was approved unanimously by the Com- of 2000, to enhance measures to combat nal Revenue Code of 1986 and the Small mittee on Banking, Housing, and trafficking in person, and for other Business Act to expand the availability Urban Affairs last Thursday. purposes. of employee stock ownership plans in S This legislation will ensure that the S. 1368 corporations, and for other purposes. Bank remains able to continue to pro- At the request of Mr. NELSON of Ne- S. 1523 vide support for U.S. exporters and braska, the name of the Senator from At the request of Mr. GRAHAM, the workers. The bill extends the author- Virginia (Mr. WEBB) was added as a co- names of the Senator from Tennessee ization of the Bank for 4 years, and will increase the Bank’s lending authority sponsor of S. 1368, a bill to amend the (Mr. ALEXANDER), the Senator from to $140 billion by 2015. It also strength- Patient Protection and Affordable Care South Carolina (Mr. DEMINT), the Sen- ens transparency and accountability at Act to repeal distributions for medi- ator from Wyoming (Mr. ENZI), the the Bank, seeks to modernize the cine qualified only if for prescribed Senator from Nebraska (Mr. JOHANNS), Bank’s IT, encourages the Bank to in- drug or insulin. the Senator from Utah (Mr. LEE), the crease projects designed to create re- S. 1369 Senator from Kansas (Mr. MORAN) and newable energies, and provides for the Senator from Idaho (Mr. RISCH) At the request of Mr. CRAPO, the greater oversight of the Bank’s financ- were added as cosponsors of S. 1523, a name of the Senator from Louisiana ing and any risks it might have to tax- bill to prohibit the National Labor Re- (Ms. LANDRIEU) was added as a cospon- payers. sor of S. 1369, a bill to amend the Fed- lations Board from ordering any em- The Bank’s current authorization ex- eral Water Pollution Control Act to ex- ployers to close, relocate, or transfer pires on September 30, 2011, and I hope empt the conduct of silvicultural ac- employment under any circumstance. that this legislation will pass as soon tivities from national pollutant dis- S. 1527 as possible to ensure that the Bank charge elimination system permitting At the request of Mrs. HAGAN, the continues to operate. requirements. name of the Senator from Iowa (Mr. The Export-Import Bank is the offi- S. 1425 HARKIN) was added as a cosponsor of S. cial export credit agency of the United At the request of Mr. DEMINT, the 1527, a bill to authorize the award of a States and it assists in financing the name of the Senator from Texas (Mr. Congressional gold medal to the export of U.S. goods and services to CORNYN) was added as a cosponsor of S. Montford Point Marines of World War international markets. Following the 1425, a bill to amend the National II. financial crisis, the Bank experienced a Labor Relations Act to ensure fairness S. 1531 dramatic increase in its activities as in election procedures with respect to At the request of Mr. MCCONNELL, his many companies struggled to find fi- collective bargaining representatives. name was added as a cosponsor of S. nancing in the private market. In Fis- S. 1438 1531, a bill to provide a Federal regu- cal Year 2010, the Bank saw a 70 per- At the request of Mr. JOHNSON of Wis- latory moratorium, and for other pur- cent increase in authorizations from consin, the names of the Senator from poses. 2008. In fact, last year the Bank com- mitted almost $25 billion in support of Alabama (Mr. SESSIONS) and the Sen- S. 1538 U.S. exports—a record. ator from Wyoming (Mr. BARRASSO) At the request of Mr. JOHANNS, his The Bank has been self-funding since were added as cosponsors of S. 1438, a name was added as a cosponsor of S. 2008, regularly returning millions of bill to provide that no agency may 1538, a bill to provide for a time-out on dollars each year to the Treasury. This take any significant regulatory action certain regulations, and for other pur- is a testament to the Bank’s leadership until the unemployment rate is equal poses. under Chairman Fred Hochberg, as well to or less than 7.7 percent. At the request of Mr. MCCONNELL, his as the good work of the dedicated staff At the request of Mr. MCCONNELL, his name was added as a cosponsor of S. and Board of the Bank. name was added as a cosponsor of S. 1538, supra. All of the Bank’s transactions are 1438, supra. S. 1542 backed by the full faith and credit of S. 1472 At the request of Mr. BAUCUS, the the United States. Therefore, I am At the request of Mrs. GILLIBRAND, name of the Senator from West Vir- pleased that this legislation will help the name of the Senator from Missouri ginia (Mr. ROCKEFELLER) was added as ensure that the Bank is working as ef- (Mr. BLUNT) was added as a cosponsor a cosponsor of S. 1542, a bill to amend ficiently and effectively as possible to of S. 1472, a bill to impose sanctions on part B of title IV of the Social Security protect the taxpayers. persons making certain investments Act to extend the child and family Equally important is the Bank’s goal that directly and significantly con- services program through fiscal year to use exports to help create and main- tribute to the enhancement of the abil- 2016, and for other purposes. tain jobs here at home. This mission, ity of Syria to develop its petroleum S.J. RES. 27 embodied in the Bank’s Charter, is at resources, and for other purposes. At the request of Mr. JOHANNS, his the very core of what Congress in- S. 1501 name was added as a cosponsor of S.J. tended the Bank to do. I believe that At the request of Mr. HELLER, the Res. 27, a joint resolution disapproving while the Bank is doing a good job, it names of the Senator from Maine (Ms. a rule submitted by the Environmental can—and must—do more. I believe this SNOWE) and the Senator from Alabama Protection Agency relating to the legislation will help the Bank reach (Mr. SESSIONS) were added as cospon- mitigation by States of cross-border that goal. sors of S. 1501, a bill to require the air pollution under the Clean Air Act. This bill is a bipartisan effort and I Joint Select Committee on Deficit Re- thank Senator SHELBY for his support. duction to conduct the business of the f In addition, I thank Senator WARNER, Committee in a manner that is open to STATEMENTS ON INTRODUCED the Chairman of the Subcommittee on the public. BILLS AND JOINT RESOLUTIONS Security and International Trade and ENNET S. 1507 Finance, Senator B and Senator By Mr. JOHNSON of South Da- HAGAN for their extremely important At the request of Mr. HATCH, the kota: input into this legislation. I urge all name of the Senator from Idaho (Mr. S. 1547. A bill to reauthorize the Ex- my colleagues to support the bill. RISCH) was added as a cosponsor of S. port-Import Bank of the United States, 1507, a bill to provide protections from and for other purposes; from the Com- By Mr. REID (by request): workers with respect to their right to mittee on Banking, Housing, and S. 1549. A bill to provide tax relief for select or refrain from selecting rep- Urban Affairs; placed on the calendar. American workers and businesses, to resentation by a labor organization. Mr. JOHNSON of South Dakota. Mr. put workers back on the job while re- S. 1512 President, I rise today to speak about building and modernizing America, and At the request of Mr. CARDIN, the the Export-Import Bank. Earlier today, to provide pathways back to work for name of the Senator from Vermont I filed the Export-Import Bank Reau- Americans looking for jobs; read the (Mr. SANDERS) was added as a cospon- thorization Act of 2011. This legislation first time.

VerDate Mar 15 2010 04:54 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.025 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5538 CONGRESSIONAL RECORD — SENATE September 13, 2011 Mr. REID. Mr. President, I ask unan- Subtitle E—Immediate Transportation Sec. 290. Permanent self-funding; duty to as- imous consent the the text of the bill Infrastrucure Investments sess and collect fees for net- be printed in the RECORD. Sec. 241. Immediate transportation infra- work use. There being no objection, the text of structure investments. Sec. 291. Audit and report. Sec. 292. Annual report to Congress. Subtitle F—Building and Upgrading the bill was ordered to be printed in Sec. 293. Provision of technical assistance. the RECORD, as follows: Infrastructure for Long-Term Development Sec. 294. State and local implementation. S. 1549 Sec. 242. Short title; table of contents. Sec. 295. State and local implementation Sec. 243. Findings and purpose. Be it enacted by the Senate and House of fund. Sec. 244. Definitions. Representatives of the United States of America Sec. 296. Public safety wireless communica- in Congress assembled, PART I—AMERICAN INFRASTRUCTURE tions research and develop- INANCING UTHORITY ment. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. F A Sec. 245. Establishment and general author- Sec. 297. Public Safety Trust Fund. (a) SHORT TITLE.—This Act may be cited as Sec. 298. FCC report on efficient use of pub- the ‘‘American Jobs Act of 2011’’. ity of AIFA. Sec. 246. Voting members of the board of di- lic safety spectrum. (b) TABLE OF CONTENTS.—The table of con- Sec. 299. Public safety roaming and priority tents for this Act is as follows: rectors. Sec. 247. Chief executive officer of AIFA. access. Sec. 1. Short title; table of contents. TITLE III—ASSISTANCE FOR THE UNEM- Sec. 2. References. Sec. 248. Powers and duties of the board of PLOYED AND PATHWAYS BACK TO Sec. 3. Severability. directors. WORK Sec. 4. Buy American—Use of American Sec. 249. Senior management. iron, steel, and manufactured Sec. 250. Special Inspector General for Subtitle A—Supporting Unemployed goods. AIFA. Workers Sec. 5. Wage rate and employment protec- Sec. 251. Other personnel. Sec. 301. Short title. Sec. 252. Compliance. tion requirements. PART I—EXTENSION OF EMERGENCY UNEM- PART II—TERMS AND LIMITATIONS ON DIRECT TITLE I—RELIEF FOR WORKERS AND PLOYMENT COMPENSATION AND CERTAIN EX- LOANS AND LOAN GUARANTEES BUSINESSES TENDED BENEFITS PROVISIONS, AND ESTAB- Subtitle A—Payroll Tax Relief Sec. 253. Eligibility criteria for assistance LISHMENT OF SELF-EMPLOYMENT ASSIST- from AIFA and terms and limi- ANCE PROGRAM Sec. 101. Temporary payroll tax cut for em- tations of loans. Sec. 311. Extension of emergency unemploy- ployers, employees and the self- Sec. 254. Loan terms and repayment. employed. ment compensation program. Sec. 255. Compliance and enforcement. Sec. 312. Temporary extension of extended Sec. 102. Temporary tax credit for increased Sec. 256. Audits; reports to the President payroll. benefit provisions. and Congress. Sec. 313. Reemployment services and reem- Subtitle B—Other Relief for Businesses PART III—FUNDING OF AIFA ployment and eligibility assess- Sec. 111. Extension of temporary 100 percent Sec. 257. Administrative fees. ment activities. bonus depreciation for certain Sec. 258. Efficiency of AIFA. Sec. 314. Federal-State agreements to ad- business assets. Sec. 259. Funding. minister a self-employment as- Sec. 112. Surety bonds. sistance program. PART IV—EXTENSION OF EXEMPTION FROM Sec. 113. Delay in application of withholding Sec. 315. Conforming amendment on pay- ALTERNATIVE MINIMUM TAX TREATMENT on government contractors. ment of bridge to work wages. FOR CERTAIN TAX-EXEMPT BONDS TITLE II—PUTTING WORKERS BACK ON Sec. 316. Additional extended unemployment THE JOB WHILE REBUILDING AND Sec. 260. Extension of exemption from alter- benefits under the Railroad Un- MODERNIZING AMERICA native minimum tax treatment employment Insurance Act. for certain tax-exempt bonds. Subtitle A—Veterans Hiring Preferences PART II—REEMPLOYMENT NOW PROGRAM Subtitle G—Project Rebuild Sec. 201. Returning heroes and wounded war- Sec. 321. Establishment of reemployment riors work opportunity tax Sec. 261. Project rebuild. NOW program. credits. Subtitle H—National Wireless Initiative Sec. 322. Distribution of funds. Subtitle B—Teacher Stabilization Sec. 271. Definitions. Sec. 323. State plan. Sec. 324. Bridge to work program. Sec. 202. Purpose. PART I—AUCTIONS OF SPECTRUM AND Sec. 325. Wage insurance. Sec. 203. Grants for the outlying areas and SPECTRUM MANAGEMENT Sec. 326. Enhanced reemployment strate- the Secretary of the Interior; Sec. 272. Clarification of authorities to re- gies. availability of funds. purpose Federal spectrum for Sec. 327. Self-employment programs. Sec. 204. State allocation. commercial purposes. Sec. 328. Additional innovative programs. Sec. 205. State application. Sec. 273. Incentive auction authority. Sec. 329. Guidance and additional require- Sec. 206. State reservation and responsibil- Sec. 274. Requirements when repurposing ments. ities. certain mobile satellite serv- Sec. 330. Report of information and evalua- Sec. 207. Local educational agencies. ices spectrum for terrestrial tions to Congress and the pub- Sec. 208. Early learning. broadband use. lic. Sec. 209. Maintenance of effort. Sec. 275. Permanent extension of auction au- Sec. 331. State. Sec. 210. Reporting. thority. PART III—SHORT-TIME COMPENSATION Sec. 211. Definitions. Sec. 276. Authority to auction licenses for PROGRAM Sec. 212. Authorization of appropriations. domestic satellite services. Subtitle C—First Responder Stabilization Sec. 277. Directed auction of certain spec- Sec. 341. Treatment of short-time compensa- Sec. 213. Purpose. trum. tion programs. Sec. 214. Grant program. Sec. 278. Authority to establish spectrum li- Sec. 342. Temporary financing of short-time Sec. 215. Appropriations. cense user fees. compensation payments in states with programs in law. Subtitle D—School Modernization PART II—PUBLIC SAFETY BROADBAND Sec. 343. Temporary financing of short-time PART I—ELEMENTARY AND SECONDARY NETWORK compensation agreements. SCHOOLS Sec. 281. Reallocation of D block for public Sec. 344. Grants for short-time compensa- Sec. 221. Purpose. safety. tion programs. Sec. 222. Authorization of appropriations. Sec. 282. Flexible use of narrowband spec- Sec. 345. Assistance and guidance in imple- Sec. 223. Allocation of funds. trum. menting programs. Sec. 224. State use of funds. Sec. 283. Single public safety wireless net- Sec. 346. Reports. Sec. 225. State and local applications. work licensee. Subtitle B—Long Term Unemployed Hiring Sec. 226. Use of funds. Sec. 284. Establishment of Public Safety Preferences Sec. 227. Private schools. Broadband Corporation. Sec. 351. Long term unemployeed workers Sec. 228. Additional provisions. Sec. 285. Board of directors of the corpora- work opportunity tax credits. PART II—COMMUNITY COLLEGE tion. Subtitle C—Pathways Back to Work MODERNIZATION Sec. 286. Officers, employees, and commit- tees of the corporation. Sec. 361. Short title. Sec. 229. Federal assistance for community Sec. 287. Nonprofit and nonpolitical nature Sec. 362. Establishment of Pathways Back college modernization. of the corporation. to Work Fund. PART III—GENERAL PROVISIONS Sec. 288. Powers, duties, and responsibilities Sec. 363. Availability of funds. Sec. 230. Definitions. of the corporation. Sec. 364. Subsidized employment for unem- Sec. 231. Buy American. Sec. 289. Initial funding for corporation. ployed, low-income adults.

VerDate Mar 15 2010 06:17 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0655 E:\CR\FM\A13SE6.029 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5539 Sec. 365. Summer employment and year- used for a project for the construction, alter- pensation paid by a qualified employer sub- round employment opportuni- ation, maintenance, or repair of a public ject to section 3111(a) or a corresponding ties for low-income youth. building or public work unless all of the iron, amount of compensation subject to 3221(a). Sec. 366. Work-based employment strategies steel, and manufactured goods used in the (b) SELF-EMPLOYMENT TAXES.— of demonstrated effectiveness. project are produced in the United States. (1) IN GENERAL.—Notwithstanding any Sec. 367. General requirements. (b) Subsection (a) shall not apply in any other provision of law, with respect to any Sec. 368. Definitions. case or category of cases in which the head taxable year which begins in the payroll tax Subtitle D—Prohibition of Discrimination in of the Federal department or agency in- holiday period, the rate of tax under section Employment on the Basis of an Individ- volved finds that— 1401(a) of the Internal Revenue Code of 1986 ual’s Status as Unemployed (1) applying subsection (a) would be incon- shall be— Sec. 371. Short title. sistent with the public interest; (A) 6.2 percent on the portion of net earn- Sec. 372. Findings and purpose. (2) iron, steel, and the relevant manufac- ings from self-employment subject to 1401(a) Sec. 373. Definitions. tured goods are not produced in the United during the payroll tax period that does not Sec. 374. Prohibited acts. States in sufficient and reasonably available exceed the amount of the excess of $5 million Sec. 375. Enforcement. quantities and of a satisfactory quality; or over total remuneration, if any, subject to Sec. 376. Federal and State immunity. (3) inclusion of iron, steel, and manufac- section 3111(a) paid during the payroll tax Sec. 377. Relationship to other laws. tured goods produced in the United States Sec. 378. Severability. holiday period to employees of the self-em- Sec. 379. Effective date. will increase the cost of the overall project ployed person, and by more than 25 percent. TITLE IV—OFFSETS (B) 9.3 percent for any portion of net earn- (c) If the head of a Federal department or ings from self-employment not subject to Subtitle A—28 Percent Limitation on agency determines that it is necessary to subsection (b)(1)(A). Certain Deductions and Exclusions waive the application of subsection (a) based (2) COORDINATION WITH DEDUCTIONS FOR EM- Sec. 401. 28 percent limitation on certain de- on a finding under subsection (b), the head of PLOYMENT TAXES.—For purposes of the Inter- ductions and exclusions. the department or agency shall publish in nal Revenue Code of 1986, in the case of any Subtitle B—Tax Carried Interest in the Federal Register a detailed written jus- taxable year which begins in the payroll tax Investment Partnerships as Ordinary Income tification as to why the provision is being holiday period— waived. Sec. 411. Partnership interests transferred in (A) DEDUCTION IN COMPUTING NET EARNINGS (d) This section shall be applied in a man- connection with performance of FROM SELF-EMPLOYMENT.—The deduction al- ner consistent with United States obliga- services. lowed under section 1402(a)(12) of such Code tions under international agreements. Sec. 412. Special rules for partners providing shall be the sum of (i) 4.55 percent times the SEC. 5. WAGE RATE AND EMPLOYMENT PROTEC- investment management serv- amount of the taxpayer’s net earnings from ices to partnerships. TION REQUIREMENTS. (a) Notwithstanding any other provision of self-employment for the taxable year subject Subtitle C—Close Loophole for Corporate Jet law and in a manner consistent with other to paragraph (b)(1)(A) of this section, plus Depreciation provisions in this Act, all laborers and me- (ii) 7.65 percent of the taxpayers net earnings Sec. 421. General aviation aircraft treated as chanics employed by contractors and sub- from self-employment in excess of that 7-year property. contractors on projects funded directly by or amount. Subtitle D—Repeal Oil Subsidies assisted in whole or in part by and through (B) INDIVIDUAL DEDUCTION.—The deduction Sec. 431. Repeal of deduction for intangible the Federal Government pursuant to this under section 164(f) of such Code shall be drilling and development costs Act shall be paid wages at rates not less than equal to the sum of ((i) one-half of the taxes in the case of oil and gas wells. those prevailing on projects of a character imposed by section 1401 (after the applica- Sec. 432. Repeal of deduction for tertiary similar in the locality as determined by the tion of this section) with respect to the tax- injectants. Secretary of Labor in accordance with sub- payer’s net earnings from self-employment Sec. 433. Repeal of percentage depletion for chapter IV of chapter 31 of title 40, United for the taxable year subject to paragraph oil and gas wells. States Code. (b)(1)(A) of this section plus (ii) 62.7 percent Sec. 434. Section 199 deduction not allowed (b) With respect to the labor standards of the taxes imposed by section 1401 (after with respect to oil, natural gas, specified in this section, the Secretary of the application of this section) with respect or primary products thereof. Labor shall have the authority and functions to the excess. Sec. 435. Repeal oil and gas working interest set forth in Reorganization Plan Numbered (c) REGULATORY AUTHORITY.—The Sec- exception to passive activity 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and retary may prescribe any such regulations or rules. section 3145 of title 40, United States Code. other guidance necessary or appropriate to Sec. 436. Uniform seven-year amortization (c) Projects as defined under title 49, carry out this section, including the alloca- for geological and geophysical United States Code, funded directly by or as- tion of the excess of $5 million over total re- expenditures. sisted in whole or in part by and through the muneration subject to section 3111(a) paid Sec. 437. Repeal enhanced oil recovery cred- Federal Government pursuant to this Act during the payroll tax holiday period among it. shall be subject to the requirements of sec- related taxpayers treated as a single quali- Sec. 438. Repeal marginal well production tion 5333(b) of title 49, United States Code. fied employer. credit. TITLE I—RELIEF FOR WORKERS AND (d) DEFINITIONS.— Subtitle E—Dual Capacity Taxpayers BUSINESSES (1) PAYROLL TAX HOLIDAY PERIOD.—The Sec. 441. Modifications of foreign tax credit Subtitle A—Payroll Tax Relief term ‘‘payroll tax holiday period’’ means cal- rules applicable to dual capac- SEC. 101. TEMPORARY PAYROLL TAX CUT FOR endar year 2012. ity taxpayers. EMPLOYERS, EMPLOYEES AND THE (2) QUALIFIED EMPLOYER.—For purposes of Sec. 442. Separate basket treatment taxes SELF-EMPLOYED. this paragraph, paid on foreign oil and gas in- (a) WAGES.—Notwithstanding any other (A) IN GENERAL.—The term ‘‘qualified em- come. provision of law— ployer’’ means any employer other than the Subtitle F—Increased Target and Trigger for (1) with respect to remuneration received United States, any State or possession of the Joint Select Committee on Deficit Reduc- during the payroll tax holiday period, the United States, or any political subdivision tion rate of tax under 3101(a) of the Internal Rev- thereof, or any instrumentality of the fore- Sec. 451. Increased target and trigger for enue Code of 1986 shall be 3.1 percent (includ- going. joint select committee on def- ing for purposes of determining the applica- (B) TREATMENT OF EMPLOYEES OF POST-SEC- icit reduction. ble percentage under sections 3201(a) and ONDARY EDUCATIONAL INSTITUTIONS.—Not- SEC. 2. REFERENCES. 3211(a) of such Code), and withstanding paragraph (A), the term ‘‘quali- Except as expressly provided otherwise, (2) with respect to remuneration paid dur- fied employer’’ includes any employer which any reference to ‘‘this Act’’ contained in any ing the payroll tax holiday period, the rate is a public institution of higher education (as subtitle of this Act shall be treated as refer- of tax under 3111(a) of such Code shall be 3.1 defined in section 101 of the Higher Edu- ring only to the provisions of that subtitle. percent (including for purposes of deter- cation Act of 1965). SEC. 3. SEVERABILITY. mining the applicable percentage under sec- (3) AGGREGATION RULES.—For purposes of If any provision of this Act, or the applica- tions 3221(a) and 3211(a) of such Code). this subsection rules similar to sections tion thereof to any person or circumstance, (3) Subsection (a)(2) shall only apply to— 414(b), 414(c), 414(m) and 414(o) shall apply to is held invalid, the remainder of the Act and (A) employees performing services in a determine when multiple entities shall be the application of such provision to other trade or business of a qualified employer, or treated as a single employer, and rules with persons or circumstances shall not be af- (B) in the case of a qualified employer ex- respect to predecessor and successor employ- fected thereby. empt from tax under section 501(a), in fur- ers may be applied, in such manner as may SEC. 4. BUY AMERICAN—USE OF AMERICAN IRON, therance of the activities related to the pur- be prescribed by the Secretary. STEEL, AND MANUFACTURED pose or function constituting the basis of the (e) TRANSFERS OF FUNDS.— GOODS. employer’s exemption under section 501. (1) TRANSFERS TO FEDERAL OLD-AGE AND (a) None of the funds appropriated or oth- (4) Subsection (a)(2) shall apply only to the SURVIVORS INSURANCE TRUST FUND.—There erwise made available by this Act may be first $5 million of remuneration or com- are hereby appropriated to the Federal Old-

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Age and Survivors Trust Fund and the Fed- (1) IN GENERAL.—The term ‘‘qualified em- (c) SUNSET.—The amendments made by eral Disability Insurance Trust Fund estab- ployer’’ means any employer other than the subsections (a) and (b) of this section shall lished under section 201 of the Social Secu- United States, any State or possession of the remain in effect until September 30, 2012. rity Act (42 U.S.C. 401) amounts equal to the United States, or any political subdivision (d) FUNDING.—There is appropriated out of reduction in revenues to the Treasury by thereof, or any instrumentality of the fore- any money in the Treasury not otherwise ap- reason of the application of subsections (a) going. propriated, $3,000,000, to remain available and (b) to employers other than those de- (2) TREATMENT OF EMPLOYEES OF POST-SEC- until expended, for additional capital for the scribed in (e)(2). Amounts appropriated by ONDARY EDUCATIONAL INSTITUTIONS.—Not- Surety Bond Guarantees Revolving Fund, as the preceding sentence shall be transferred withstanding subparagraph (1), the term authorized by the Small Business Invest- from the general fund at such times and in ‘‘qualified employer’’ includes any employer ment Act of 1958, as amended. such manner as to replicate to the extent which is a public institution of higher edu- SEC. 113. DELAY IN APPLICATION OF WITH- possible the transfers which would have oc- cation (as defined in section 101 of the Higher HOLDING ON GOVERNMENT CON- curred to such Trust Fund had such amend- Education Act of 1965). TRACTORS. ments not been enacted. (c) AGGREGATION RULES.—For purposes of Subsection (b) of section 511 of the Tax In- crease Prevention and Reconciliation Act of (2) TRANSFERS TO SOCIAL SECURITY EQUIVA- this subsection rules similar to sections 2005 is amended by striking ‘‘December 31, LENT BENEFIT ACCOUNT.—There are hereby 414(b), 414(c), 414(m) and 414(o) of the Internal appropriated to the Social Security Equiva- Revenue Code of 1986 shall apply to deter- 2011’’ and inserting ‘‘December 31, 2013’’. lent Benefit Account established under sec- mine when multiple entities shall be treated TITLE II—PUTTING WORKERS BACK ON tion 15A(a) of the Railroad Retirement Act as a single employer, and rules with respect THE JOB WHILE REBUILDING AND MOD- of 1974 (45 U.S.C. 231n–1(a)) amounts equal to to predecessor and successor employers may ERNIZING AMERICA the reduction in revenues to the Treasury by be applied, in such manner as may be pre- Subtitle A—Veterans Hiring Preferences reason of the application of subsection (a) to scribed by the Secretary. SEC. 201. RETURNING HEROES AND WOUNDED employers subject to the Railroad Retire- (d) APPLICATION OF CREDITS.—The payroll WARRIORS WORK OPPORTUNITY ment Tax. Amounts appropriated by the pre- increase credit shall be treated as a credit al- TAX CREDITS. ceding sentence shall be transferred from the lowable under Subtitle C of the Internal Rev- (a) IN GENERAL.—Paragraph (3) of section general fund at such times and in such man- enue Code of 1986 under rules prescribed by 51(b) of the Internal Revenue Code is amend- ner as to replicate to the extent possible the the Secretary of the Treasury, provided that ed by striking ‘‘($12,000 per year in the case transfers which would have occurred to such the amount so treated for the period de- of any individual who is a qualified veteran Account had such amendments not been en- scribed in section (a)(1) or section (a)(2) shall by reason of subsection (d)(3)(A)(ii))’’ and in- acted. not exceed the amount of tax imposed on the serting ‘‘($12,000 per year in the case of any qualified employer under section 3111(a) of (f) COORDINATION WITH OTHER FEDERAL individual who is a qualified veteran by rea- such Code for the relevant period. Any in- LAWS.—For purposes of applying any provi- son of subsection (d)(3)(A)(ii)(I), $14,000 per come tax deduction by a qualified employer sion of Federal law other than the provisions year in the case of any individual who is a for amounts paid under section 3111(a) of of the Internal Revenue Code of 1986, the rate qualified veteran by reason of subsection such Code or similar Railroad Retirement of tax in effect under section 3101(a) of such (d)(3)(A)(iv), and $24,000 per year in the case Tax provisions shall be reduced by the Code shall be determined without regard to of any individual who is a qualified veteran amounts so credited. the reduction in such rate under this section. by reason of subsection (d)(3)(A)(ii)(II))’’. (e) TRANSFERS TO FEDERAL OLD-AGE AND (b) RETURNING HEROES TAX CREDITS.—Sec- SEC. 102. TEMPORARY TAX CREDIT FOR IN- SURVIVORS INSURANCE TRUST FUND.—There tion 51(d)(3)(A) of the Internal Revenue Code CREASED PAYROLL. are hereby appropriated to the Federal Old- is amended by striking ‘‘or’’ at the end of (a) IN GENERAL.—Notwithstanding any Age and Survivors Trust Fund and the Fed- paragraph (3)(A)(i), and inserting the fol- other provision of law, each qualified em- eral Disability Insurance Trust Fund estab- lowing new paragraphs after paragraph (ii)— ployer shall be allowed, with respect to lished under section 201 of the Social Secu- ‘‘(iii) having aggregate periods of unem- wages for services performed for such quali- rity Act (42 U.S.C. 401) amounts equal to the ployment during the 1-year period ending on fied employer, a payroll increase credit de- reduction in revenues to the Treasury by the hiring date which equal or exceed 4 termined as follows: reason of the amendments made by sub- weeks (but less than 6 months), or (1) With respect to the period from October section (d). Amounts appropriated by the ‘‘(iv) having aggregate periods of unem- 1, 2011 through December 31, 2011, 6.2 percent preceding sentence shall be transferred from ployment during the 1-year period ending on of the excess, if any, (but not more than $12.5 the general fund at such times and in such the hiring date which equal or exceed 6 million of the excess) of the wages subject to manner as to replicate to the extent possible months.’’. tax under section 3111(a) of the Internal Rev- the transfers which would have occurred to (c) SIMPLIFIED CERTIFICATION.—Section enue Code of 1986 for such period over such such Trust Fund had such amendments not 51(d) of the Internal revenue Code is amended wages for the corresponding period of 2010. been enacted. by adding a new paragraph 15 as follows— (2) With respect to the period from Janu- (f) APPLICATION TO RAILROAD RETIREMENT ‘‘(15) CREDIT ALLOWED FOR UNEMPLOYED ary 1, 2012 through December 31, 2012, TAXES.—For purposes of qualified employers VETERANS.— (A) 6.2 percent of the excess, if any, (but that are employers under section 3231(a) of ‘‘(A) IN GENERAL.—Any qualified veteran not more than $50 million of the excess) of the Internal Revenue Code of 1986, sub- under paragraphs (3)(A)(ii)(II), (3)(A)(iii), and the wages subject to tax under section sections (a)(1) and (a)(2) of this section shall (3)(A)(iv) will be treated as certified by the 3111(a) of the Internal Revenue Code of 1986 apply by substituting section 3221 for section designated local agency as having aggregate for such period over such wages for calendar 3111, and substituting the term ‘‘compensa- periods of unemployment if— year 2011, minus tion’’ for ‘‘wages’’ as appropriate. ‘‘(i) In the case of qualified veterans under (B) 3.1 percent of the result (but not less Subtitle B—Other Relief for Businesses paragraphs (3)(A)(ii)(II) and (3)(A)(iv), the than zero) of subtracting from $5 million SEC. 111. EXTENSION OF TEMPORARY 100 PER- veteran is certified by the designated local such wages for calendar year 2011. CENT BONUS DEPRECIATION FOR agency as being in receipt of unemployment (3) In the case of a qualified employer for CERTAIN BUSINESS ASSETS. compensation under State or Federal law for which the wages subject to tax under section (a) IN GENERAL.—Paragraph (5) of section not less than 6 months during the 1-year pe- 3111(a) of the Internal Revenue Code of 1986 168(k) of the Internal Revenue Code is riod ending on the hiring date; or (a) were zero for the corresponding period of amended— ‘‘(ii) In the case of a qualified veteran 2010 referred to in subsection (a)(1), the (1) by striking ‘‘January 1, 2012’’ each place under paragraph (3)(A)(iii), the veteran is amount of such wages shall be deemed to be it appears and inserting ‘‘January 1, 2013’’, certified by the designated local agency as 80 percent of the amount of wages taken into and being in receipt of unemployment compensa- account for the period from October 1, 2011 (2) by striking ‘‘January 1, 2013’’ and in- tion under State or Federal law for not less through December 31, 2011 and (b) were zero serting ‘‘January 1, 2014’’. than 4 weeks (but less than 6 months) during for the calendar year 2011 referred to in sub- (b) CONFORMING AMENDMENT.—The heading the 1-year period ending on the hiring date. section (a)(2), then the amount of such wages for paragraph (5) of section 168(k) of the In- ‘‘(B) REGULATORY AUTHORITY.—The Sec- shall be deemed to be 80 percent of the ternal Revenue Code is amended by striking retary in his discretion may provide alter- amount of wages taken into account for 2012. ‘‘PRE–2012 PERIODS’’ and inserting ‘‘PRE– native methods for certification.’’. (4) This subsection (a) shall only apply 2013 PERIODS’’. (d) CREDIT MADE AVAILABLE TO TAX-EX- with respect to the wages of employees per- SEC. 112. SURETY BONDS. EMPT EMPLOYERS IN CERTAIN CIR- forming services in a trade or business of a (a) MAXIMUM BOND AMOUNT.—Section CUMSTANCES.—Section 52(c) of the Internal qualified employer or, in the case of a quali- 411(a)(1) of the Small Business Investment Revenue Code is amended— fied employer exempt from tax under section Act of 1958 (15 U.S.C. 694b(a)(1)) is amended (1) by striking the word ‘‘No’’ at the begin- 501(a) of the Internal Revenue Code of 1986, by striking ‘‘$2,000,000’’ and inserting ning of the section and replacing it with in furtherance of the activities related to the ‘‘$5,000,000’’. ‘‘Except as provided in this subsection, no’’; purpose or function constituting the basis of (b) DENIAL OF LIABILITY.—Section 411(e)(2) (2) the following new paragraphs are in- the employer’s exemption under section 501. of the Small Business Investment Act of 1958 serted at the end of section 52(c)— (b) QUALIFIED EMPLOYERS.—For purposes of (15 U.S.C. 694b(e)(2)) is amended by striking ‘‘(1) IN GENERAL.—In the case of a tax-ex- this section— ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. empt employer, there shall be treated as a

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credit allowable under subpart C (and not al- (B) MIRROR CODE TAX SYSTEM.—For pur- the funds that are available to the State lowable under subpart D) the lesser of— poses of this subsection, the term ‘‘mirror under paragraph (1) to another entity or en- ‘‘(A) The amount of the work opportunity code tax system’’ means, with respect to any tities in the State, provided that the State credit determined under this subpart with possession of the United States, the income educational agency submits data to the Sec- respect to such employer that is related to tax system of such possession if the income retary demonstrating that the State will for the hiring of qualified veterans described in tax liability of the residents of such posses- fiscal year 2012 meet the requirements of sec- sections 51(d)(3)(A)(ii)(II), (iii) or (iv); or sion under such system is determined by ref- tion 209(a) or the Secretary otherwise deter- ‘‘(B) The amount of the payroll taxes of erence to the income tax laws of the United mines that the State will meet those re- the employer during the calendar year in States as if such possession were the United quirements, or such comparable require- which the taxable year begins. States. ments as the Secretary may establish, for ‘‘(2) CREDIT AMOUNT.—In calculating for (C) TREATMENT OF PAYMENTS.—For pur- that year. tax-exempt employers, the work opportunity poses of section 1324(b)(2) of title 31, United (3) REQUIREMENTS.—An entity that receives credit shall be determined by substituting ‘26 States Code, rules similar to the rules of sec- funds under paragraph (1) shall use those percent’ for ‘40 percent’ in section 51(a) and tion 1001(b)(3)(C) of the American Recovery funds in accordance with the requirements of by substituting ‘16.25 percent’ for ‘25 percent’ and Reinvestment Tax Act of 2009 shall this subtitle. in section 51(i)(3)(A). apply. (d) REALLOCATION.—If a State does not re- ‘‘(3) TAX-EXEMPT EMPLOYER.—For purposes (f) EFFECTIVE DATE.—The amendment ceive funding under this subtitle or only re- of this subpart, the term ‘tax-exempt em- made by this section shall apply to individ- ceives a portion of its allocation under sub- ployer’ means an employer that is— uals who begin work for the employer after section (c), the Secretary shall reallocate ‘‘(i) an organization described in section the date of the enactment of this Act. the State’s entire allocation or the remain- 501(c) and exempt from taxation under sec- Subtitle B—Teacher Stabilization ing portion of its allocation, as the case may tion 501(a), or SEC. 202. PURPOSE. be, to the remaining States in accordance ‘‘(ii) a public higher education institution The purpose of this subtitle is to provide with subsection (a). (as defined in section 101 of the Higher Edu- funds to States to prevent teacher layoffs SEC. 205. STATE APPLICATION. cation Act of 1965). and support the creation of additional jobs in The Governor of a State desiring to receive ‘‘(4) PAYROLL TAXES.—For purposes of this public early childhood, elementary, and sec- a grant under this subtitle shall submit an subsection— ondary education in the 2011–2012 and 2012– application to the Secretary within 30 days ‘‘(A) IN GENERAL.—The term ‘payroll taxes’ 2013 school years. of the date of enactment of this Act, in such means— SEC. 203. GRANTS FOR THE OUTLYING AREAS manner, and containing such information as ‘‘(i) amounts required to be withheld from AND THE SECRETARY OF THE INTE- the Secretary may reasonably require to de- the employees of the tax-exempt employer RIOR; AVAILABILITY OF FUNDS. termine the State’s compliance with applica- under section 3401(a), (a) RESERVATION OF FUNDS.—From the ble provisions of law. ‘‘(ii) amounts required to be withheld from amount appropriated to carry out this sub- SEC. 206. STATE RESERVATION AND RESPON- such employees under section 3101(a), and title under section 212, the Secretary— SIBILITIES. (a) RESERVATION.—Each State receiving a ‘‘(iii) amounts of the taxes imposed on the (1) shall reserve up to one-half of one per- grant under section 204(b) may reserve— tax-exempt employer under section 3111(a).’’. cent to provide assistance to the outlying areas on the basis of their respective needs, (1) not more than 10 percent of the grant (e) TREATMENT OF POSSESSIONS.— as determined by the Secretary, for activi- funds for awards to State-funded early learn- (1) PAYMENTS TO POSSESSIONS.— ties consistent with this part under such ing programs; and (A) MIRROR CODE POSSESSIONS.—The Sec- terms and conditions as the Secretary may (2) not more than 2 percent of the grant retary of the Treasury shall pay to each pos- determine; funds for the administrative costs of car- session of the United States with a mirror (2) shall reserve up to one-half of one per- rying out its responsibilities under this sub- code tax system amounts equal to the loss to cent to provide assistance to the Secretary title. that possession by reason of the application of the Interior to carry out activities con- (b) STATE RESPONSIBILITIES.—Each State of this section (other than this subsection). sistent with this part, in schools operated or receiving a grant under this subtitle shall, Such amounts shall be determined by the funded by the Bureau of Indian Education; after reserving any funds under subsection Secretary of the Treasury based on informa- and (a)— tion provided by the government of the re- (3) may reserve up to $2,000,000 for adminis- (1) use the remaining grant funds only for spective possession of the United States. tration and oversight of this part, including awards to local educational agencies for the (B) OTHER POSSESSIONS.—The Secretary of program evaluation. support of early childhood, elementary, and the Treasury shall pay to each possession of (b) AVAILABILITY OF FUNDS.—Funds made secondary education; and the United States, which does not have a available under section 212 shall remain (2) distribute those funds, through sub- mirror code tax system, amounts estimated available to the Secretary until September grants, to its local educational agencies by by the Secretary of the Treasury as being 30, 2012. distributing— equal to the aggregate credits that would SEC. 204. STATE ALLOCATION. (A) 60 percent on the basis of the local edu- have been provided by the possession by rea- (a) ALLOCATION.—After reserving funds cational agencies’ relative shares of enroll- son of the application of this section (other under section 203(a), the Secretary shall allo- ment; and than this subsection) if a mirror code tax cate to the States— (B) 40 percent on the basis of the local edu- system had been in effect in such possession. (1) 60 percent on the basis of their relative cational agencies’ relative shares of funds re- The preceding sentence shall not apply with population of individuals aged 5 through 17; ceived under part A of title I of the Elemen- respect to any possession of the United and tary and Secondary Education Act of 1965 for States unless such possession has a plan, (2) 40 percent on the basis of their relative fiscal year 2011; and which has been approved by the Secretary of total population. (3) make those funds available to local edu- the Treasury, under which such possession (b) AWARDS.—From the funds allocated cational agencies no later than 100 days after will promptly distribute such payments. under subsection (a), the Secretary shall receiving a grant from the Secretary. (2) COORDINATION WITH CREDIT ALLOWED make a grant to the Governor of each State (c) PROHIBITIONS.—A State shall not use AGAINST UNITED STATES INCOME TAXES.—No who submits an approvable application under funds received under this subtitle to directly increase in the credit determined under sec- section 214. or indirectly— tion 38(b) of the Internal Revenue Code of (c) ALTERNATE DISTRIBUTION OF FUNDS.— (1) establish, restore, or supplement a 1986 that is attributable to the credit pro- (1) If, within 30 days after the date of en- rainy-day fund; vided by this section (other than this sub- actment of this Act, a Governor has not sub- (2) supplant State funds in a manner that section (e)) shall be taken into account with mitted an approvable application to the Sec- has the effect of establishing, restoring, or respect to any person— retary, the Secretary shall, consistent with supplementing a rainy-day fund; (A) to whom a credit is allowed against paragraph (2), provide for funds allocated to (3) reduce or retire debt obligations in- taxes imposed by the possession of the that State to be distributed to another enti- curred by the State; or United States by reason of this section for ty or other entities in the State for the sup- (4) supplant State funds in a manner that such taxable year, or port of early childhood, elementary, and sec- has the effect of reducing or retiring debt ob- (B) who is eligible for a payment under a ondary education, under such terms and con- ligations incurred by the State. plan described in paragraph (1)(B) with re- ditions as the Secretary may establish. SEC. 207. LOCAL EDUCATIONAL AGENCIES. spect to such taxable year. (2) MAINTENANCE OF EFFORT.— Each local educational agency that re- (3) DEFINITIONS AND SPECIAL RULES.— (A) GOVERNOR ASSURANCE.—The Secretary ceives a subgrant under this subtitle— (A) POSSESSION OF THE UNITED STATES.—For shall not allocate funds under paragraph (1) (1) shall use the subgrant funds only for purposes of this subsection (e), the term unless the Governor of the State provides an compensation and benefits and other ex- ‘‘possession of the United States’’ includes assurance to the Secretary that the State penses, such as support services, necessary American Samoa, the Commonwealth of the will for fiscal years 2012 and 2013 meet the re- to retain existing employees, recall or rehire Northern Mariana Islands, the Common- quirements of section 209. former employees, or hire new employees to wealth of Puerto Rico, Guam, and the United (B) Notwithstanding subparagraph (A), the provide early childhood, elementary, or sec- States Virgin Islands. Secretary may allocate up to 50 percent of ondary educational and related services;

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Statistics in the Common Core of Data, as of tary and Secondary Education Act of 1965 (20 SEC. 223. ALLOCATION OF FUNDS. the date of enactment of this Act. U.S.C. 7801). (a) RESERVATIONS.—Of the amount made SEC. 208. EARLY LEARNING. (b) The term ‘‘State’’ does not include an available to carry out this part, the Sec- outlying area. retary shall reserve— Each State-funded early learning program (c) The term ‘‘early childhood educator’’ that receives funds under this subtitle (1) one-half of one percent for the Sec- means an individual who— retary of the Interior to carry out mod- shall— (1) works directly with children in a State- (1) use those funds only for compensation, ernization, renovation, and repair activities funded early learning program in a low-in- described in section 226 in schools operated benefits, and other expenses, such as support come community; services, necessary to retain early childhood or funded by the Bureau of Indian Education; (2) is involved directly in the care, develop- (2) one-half of one percent to make grants educators, recall or rehire former early ment, and education of infants, toddlers, or childhood educators, or hire new early child- to the outlying areas for modernization, ren- young children age five and under; and ovation, and repair activities described in hood educators to provide early learning (3) has completed a baccalaureate or ad- services; and section 226; and vanced degree in early childhood develop- (3) such funds as the Secretary determines (2) obligate those funds no later than Sep- ment or early childhood education, or in a tember 30, 2013. are needed to conduct a survey, by the Na- field related to early childhood education. tional Center for Education Statistics, of the SEC. 209. MAINTENANCE OF EFFORT. (d) The term ‘‘State-funded early learning school construction, modernization, renova- (a) The Secretary shall not allocate funds program’’ means a program that provides tion, and repair needs of the public schools of to a State under this subtitle unless the educational services to children from birth the United States. State provides an assurance to the Secretary to kindergarten entry and receives funding (b) STATE ALLOCATION.—After reserving that— from the State. funds under subsection (a), the Secretary (1) for State fiscal year 2012— SEC. 212. AUTHORIZATION OF APPROPRIATIONS. shall allocate the remaining amount among (A) the State will maintain State support There are authorized to be appropriated, the States in proportion to their respective for early childhood, elementary, and sec- and there are appropriated, $30,000,000,000 to allocations under part A of title I of the Ele- ondary education (in the aggregate or on the carry out this subtitle for fiscal year 2012. mentary and Secondary Education Act basis of expenditure per pupil) and for public Subtitle C—First Responder Stabilization (ESEA) (20 U.S.C. 6311 et seq.) for fiscal year institutions of higher education (not includ- SEC. 213. PURPOSE. 2011, except that— ing support for capital projects or for re- The purpose of this subtitle is to provide (1) the Secretary shall allocate 40 percent search and development or tuition and fees funds to States and localities to prevent lay- of such remaining amount to the 100 local paid by students) at not less than the level of offs of, and support the creation of addi- educational agencies with the largest num- such support for each of the two categories tional jobs for, law enforcement officers and bers of children aged 5–17 living in poverty, for State fiscal year 2011; or other first responders. as determined using the most recent data (B) the State will maintain State support SEC. 214. GRANT PROGRAM. available from the Department of Commerce for early childhood, elementary, and sec- that are satisfactory to the Secretary, in ondary education and for public institutions The Attorney General shall carry out a competitive grant program pursuant to sec- proportion to those agencies’ respective allo- of higher education (not including support cations under part A of title I of the ESEA for capital projects or for research and devel- tion 1701 of title I of the Omnibus Crime Con- trol and Safe Streets Act of 1968 (42 U.S.C. for fiscal year 2011; and opment or tuition and fees paid by students) (2) the allocation to any State shall be re- at a percentage of the total revenues avail- 3796dd) for hiring, rehiring, or retention of career law enforcement officers under part Q duced by the aggregate amount of the alloca- able to the State that is equal to or greater tions under paragraph (1) to local edu- than the percentage provided for State fiscal of such title. Grants awarded under this sec- tion shall not be subject to subsections (g) or cational agencies in that State. year 2011; and (c) REMAINING ALLOCATION.— (2) for State fiscal year 2013— (i) of section 1701 or to section 1704 of such Act (42 U.S.C. 3796dd–3(c)). (1) If a State does not apply for its alloca- (A) the State will maintain State support tion (or applies for less than the full alloca- SEC. 215. APPROPRIATIONS. for early childhood, elementary, and sec- tion for which it is eligible) or does not use There are hereby appropriated to the Com- ondary education (in the aggregate or on the that allocation in a timely manner, the Sec- munity Oriented Policing Stabilization Fund basis of expenditure per pupil) and for public retary may— out of any money in the Treasury not other- institutions of higher education (not includ- (A) reallocate all or a portion of that allo- wise obligated, $5,000,000,000, to remain avail- ing support for capital projects or for re- cation to the other States in accordance able until September 30, 2012, of which search and development or tuition and fees with subsection (b); or $4,000,000,000 shall be for the Attorney Gen- paid by students) at not less than the level of (B) use all or a portion of that allocation eral to carry out the competitive grant pro- such support for each of the two categories to make direct allocations to local edu- gram under Section 214; and of which for State fiscal year 2012; or cational agencies within the State based on $1,000,000,000 shall be transferred by the At- (B) the State will maintain State support their respective allocations under part A of torney General to a First Responder Sta- for early childhood, elementary, and sec- title I of the ESEA for fiscal year 2011 or bilization Fund from which the Secretary of ondary education and for public institutions such other method as the Secretary may de- Homeland Security shall make competitive of higher education (not including support termine. grants for hiring, rehiring, or retention pur- for capital projects or for research and devel- (2) If a local educational agency does not suant to the Federal Fire Prevention and opment or tuition and fees paid by students) apply for its allocation under subsection Control Act of 1974 (15 U.S.C. 2201 et seq.), to at a percentage of the total revenues avail- (b)(1), applies for less than the full allocation carry out section 34 of such Act (15 U.S.C. able to the State that is equal to or greater for which it is eligible, or does not use that 2229a). In making such grants, the Secretary than the percentage provided for State fiscal allocation in a timely manner, the Secretary may grant waivers from the requirements in year 2012. may reallocate all or a portion of its alloca- subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (b) WAIVER.—The Secretary may waive the tion to the State in which that agency is lo- (c)(1), (c)(2), and (c)(4)(A) of section 34. Of the requirements of this section if the Secretary cated. amounts appropriated herein, not to exceed determines that a waiver would be equitable SEC. 224. STATE USE OF FUNDS. due to— $8,000,000 shall be for administrative costs of the Attorney General, and not to exceed (a) RESERVATION.—Each State that re- (1) exceptional or uncontrollable cir- ceives a grant under this part may reserve cumstances, such as a natural disaster; or $2,000,000 shall be for administrative costs of the Secretary of Homeland Security. not more than one percent of the State’s al- (2) a precipitous decline in the financial re- location under section 223(b) for the purpose Subtitle D—School Modernization sources of the State. of administering the grant, except that no SEC. 210. REPORTING. PART I—ELEMENTARY AND SECONDARY State may reserve more than $750,000 for this Each State that receives a grant under this SCHOOLS purpose. subtitle shall submit, on an annual basis, a SEC. 221. PURPOSE. (b) FUNDS TO LOCAL EDUCATIONAL AGEN- report to the Secretary that contains— The purpose of this part is to provide as- CIES.— (1) a description of how funds received sistance for the modernization, renovation, (1) FORMULA SUBGRANTS.—From the grant under this part were expended or obligated; and repair of elementary and secondary funds that are not reserved under subsection and school buildings in public school districts (a), a State shall allocate at least 50 percent (2) an estimate of the number of jobs sup- across America in order to support the to local educational agencies, including ported by the State using funds received achievement of improved educational out- charter schools that are local educational under this subtitle. comes in those schools. agencies, that did not receive funds under

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section 223(b)(1) from the Secretary, in ac- 223(b)(1) that desires to receive a grant under (b) REMAINING FUNDS.—If the expenditure cordance with their respective allocations this part shall submit an application to the for services described in paragraph (2) is less under part A of title I of the ESEA for fiscal Secretary at such time, in such manner, and than the amount calculated under paragraph year 2011, except that no such local edu- containing such information and assurances (3) because of insufficient need for those cational agency shall receive less than as the Secretary may require, which shall in- services, the remainder shall be available to $10,000. clude— the local educational agency for moderniza- (2) ADDITIONAL SUBGRANTS.—The State (1) a description of how the local edu- tion, renovation, and repair of its school fa- shall use any funds remaining, after reserv- cational agency will meet the deadlines and cilities. ing funds under subsection (a) and allocating requirements of this part; (c) APPLICATION.—If any provision of this funds under paragraph (1), for subgrants to (2) a description of the steps that the local section, or the application thereof, to any local educational agencies that did not re- educational agency will take to adequately person or circumstance is judicially deter- ceive funds under section 223(b)(1), including maintain any facilities that are modernized, mined to be invalid, the remainder of the charter schools that are local educational renovated, or repaired with funds under this section and the application to other persons agencies, to support modernization, renova- part; and or circumstances shall not be affected there- tion, and repair projects that the State de- (3) such additional information and assur- by. termines, using objective criteria, are most ances as the Secretary may require. SEC. 228. ADDITIONAL PROVISIONS. needed in the State, with priority given to SEC. 226. USE OF FUNDS. (a) Funds appropriated under section 222 projects in rural local educational agencies. (a) IN GENERAL.—Funds awarded to local shall be available for obligation by local edu- (c) REMAINING FUNDS.—If a local edu- educational agencies under this part shall be cational agencies receiving grants from the cational agency does not apply for an alloca- used only for either or both of the following Secretary under section 223(b)(1), by States tion under subsection (b)(1), applies for less modernization, renovation, or repair activi- reserving funds under section 224(a), and by than its full allocation, or fails to use that local educational agencies receiving sub- allocation in a timely manner, the State ties in facilities that are used for elementary grants under section 224(b)(1) only during the may reallocate any unused portion to other or secondary education or for early learning period that ends 24 months after the date of local educational agencies in accordance programs: enactment of this Act. with subsection (b). (1) Direct payments for school moderniza- tion, renovation, and repair. (b) Funds appropriated under section 222 SEC. 225. STATE AND LOCAL APPLICATIONS. (2) To pay interest on bonds or payments shall be available for obligation by local edu- (a) STATE APPLICATION.—A State that de- cational agencies receiving subgrants under sires to receive a grant under this part shall for other financing instruments that are section 224(b)(2) only during the period that submit an application to the Secretary at newly issued for the purpose of financing ends 36 months after the date of enactment such time, in such manner, and containing school modernization, renovation, and re- of this Act. such information and assurances as the Sec- pair. (c) Section 439 of the General Education retary may require, which shall include— (b) SUPPLEMENT, NOT SUPPLANT.—Funds Provisions Act (20 U.S.C. 1232b) shall apply (1) an identification of the State agency or made available under this part shall be used to funds available under this part. entity that will administer the program; to supplement, and not supplant, other Fed- (d) For purposes of section 223(b)(1), Ha- (2) the State’s process for determining how eral, State, and local funds that would other- waii, the District of Columbia, and the Com- the grant funds will be distributed and ad- wise be expended to modernize, renovate, or monwealth of Puerto Rico are not local edu- ministered, including— repair eligible school facilities. cational agencies. (A) how the State will determine the cri- (c) PROHIBITION.—Funds awarded to local teria and priorities in making subgrants educational agencies under this part may PART II—COMMUNITY COLLEGE under section 224(b)(2); not be used for— MODERNIZATION (B) any additional criteria the State will (1) new construction; SEC. 229. FEDERAL ASSISTANCE FOR COMMU- use in determining which projects it will (2) payment of routine maintenance costs; NITY COLLEGE MODERNIZATION. fund under that section; or (a) IN GENERAL.— (C) a description of how the State will con- (3) modernization, renovation, or repair of (1) GRANT PROGRAM.—From the amounts sider— stadiums or other facilities primarily used made available under subsection (h), the Sec- (i) the needs of local educational agencies for athletic contests or exhibitions or other retary shall award grants to States to mod- for assistance under this part; events for which admission is charged to the ernize, renovate, or repair existing facilities (ii) the impact of potential projects on job general public. at community colleges. creation in the State; SEC. 227. PRIVATE SCHOOLS. (2) ALLOCATION.— (iii) the fiscal capacity of local educational (a) IN GENERAL.—Section 9501 of the ESEA (A) RESERVATIONS.—Of the amount made agencies applying for assistance; (20 U.S.C. 7881) shall apply to this part in the available to carry out this section, the Sec- (iv) the percentage of children in those same manner as it applies to activities under retary shall reserve— local educational agencies who are from low- that Act, except that— (i) up to 0.25 percent for grants to institu- income families; and (1) section 9501 shall not apply with respect tions that are eligible under section 316 of (v) the potential for leveraging assistance to the title to any real property modernized, the Higher Education Act of 1965 (20 U.S.C. provided by this program through matching renovated, or repaired with assistance pro- 1059c) to provide for modernization, renova- or other financing mechanisms; vided under this section; tion, and repair activities described in this (D) a description of how the State will en- (2) the term ‘‘services’’, as used in section section; and sure that the local educational agencies re- 9501 with respect to funds under this part, (ii) up to 0.25 percent for grants to the out- ceiving subgrants meet the requirements of shall be provided only to private, nonprofit lying areas to provide for modernization, this part; elementary or secondary schools with a rate renovation, and repair activities described in (E) a description of how the State will en- of child poverty of at least 40 percent and this section. sure that the State and its local educational may include only— (B) ALLOCATION.—After reserving funds agencies meet the deadlines established in (A) modifications of school facilities nec- under subparagraph (A), the Secretary shall section 228; essary to meet the standards applicable to allocate to each State that has an applica- (F) a description of how the State will give public schools under the Americans with Dis- tion approved by the Secretary an amount priority to the use of green practices that abilities Act of 1990 (42 U.S.C. 12101 et seq.); that bears the same relation to any remain- are certified, verified, or consistent with any (B) modifications of school facilities nec- ing funds as the total number of students in applicable provisions of— essary to meet the standards applicable to such State who are enrolled in institutions (i) the LEED Green Building Rating Sys- public schools under section 504 of the Reha- described in section 230(b)(1)(A) plus the tem; bilitation Act of 1973 (29 U.S.C. 794); and number of students who are estimated to be (ii) Energy Star; (C) asbestos or polychlorinated biphenyls enrolled in and pursuing a degree or certifi- (iii) the CHPS Criteria; abatement or removal from school facilities; cate that is not a bachelor’s, master’s, pro- (iv) Green Globes; or and fessional, or other advanced degree in insti- (v) an equivalent program adopted by the (3) expenditures for services provided using tutions described in section 230(b)(1)(B), State or another jurisdiction with authority funds made available under section 226 shall based on the proportion of degrees or certifi- over the local educational agency; be considered equal for purposes of section cates awarded by such institutions that are (G) a description of the steps that the 9501(a)(4) of the ESEA if the per-pupil ex- not bachelor’s, master’s, professional, or State will take to ensure that local edu- penditures for services described in para- other advanced degrees, as reported to the cational agencies receiving subgrants will graph (2) for students enrolled in private Integrated Postsecondary Data System bears adequately maintain any facilities that are nonprofit elementary and secondary schools to the estimated total number of such stu- modernized, renovated, or repaired with that have child-poverty rates of at least 40 dents in all States, except that no State subgrant funds under this part; and percent are consistent with the per-pupil ex- shall receive less than $2,500,000. (H) such additional information and assur- penditures under this subpart for children (C) REALLOCATION.—Amounts not allocated ances as the Secretary may require. enrolled in the public schools of the local under this section to a State because the (b) LOCAL APPLICATION.—A local edu- educational agency receiving funds under State either did not submit an application cational agency that is eligible under section this subpart. under subsection (b), the State submitted an

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.040 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5544 CONGRESSIONAL RECORD — SENATE September 13, 2011 application that the Secretary determined under this section, submit to the Secretary a water supply and plumbing systems, sewage did not meet the requirements of such sub- report that includes— systems, storm water runoff systems, light- section, or the State cannot demonstrate to (1) a description of the projects for which ing systems (or components of such sys- the Secretary a sufficient demand for the grant was, or will be, used; tems); or building envelope, windows, ceil- projects to warrant the full allocation of the (2) a description of the amount and nature ings, flooring, or doors, including security funds, shall be proportionately reallocated of the assistance provided to each commu- doors; under this paragraph to the other States nity college under this section; and (C) repairing, replacing, or installing heat- that have a demonstrated need for, and are (3) the number of jobs created by the ing, ventilation, or air conditioning systems, receiving, allocations under this section. projects funded under this section. or components of those systems (including (D) STATE ADMINISTRATION.—A State that (g) REPORT BY THE SECRETARY.—The Sec- insulation), including by conducting indoor receives a grant under this section may use retary shall submit to the authorizing com- air quality assessments; not more than one percent of that grant to mittees (as defined in section 103 of the High- (D) compliance with fire, health, seismic, administer it, except that no State may use er Education Act of 1965; 20 U.S.C. 1003) an and safety codes, including professional in- more than $750,000 of its grant for this pur- annual report on the grants made under this stallation of fire and life safety alarms, and pose. section, including the information described modernizations, renovations, and repairs (3) SUPPLEMENT, NOT SUPPLANT.—Funds in subsection (f). that ensure that facilities are prepared for made available under this section shall be (h) AVAILABILITY OF FUNDS.— such emergencies as acts of terrorism, cam- used to supplement, and not supplant, other (1) There are authorized to be appro- pus violence, and natural disasters, such as Federal, State, and local funds that would priated, and there are appropriated, to carry improving building infrastructure to accom- otherwise be expended to modernize, ren- out this section (in addition to any other modate security measures and installing or ovate, or repair existing community college amounts appropriated to carry out this sec- upgrading technology to ensure that a school facilities. tion and out of any money in the Treasury or incident is able to respond to such emer- (b) APPLICATION.—A State that desires to not otherwise appropriated), $5,000,000,000 for gencies; receive a grant under this section shall sub- fiscal year 2012. (E) making modifications necessary to mit an application to the Secretary at such (2) Funds appropriated under this sub- make educational facilities accessible in time, in such manner, and containing such section shall be available for obligation by compliance with the Americans with Disabil- information and assurances as the Secretary community colleges only during the period ities Act of 1990 (42 U.S.C. 12101 et seq.) and may require. Such application shall include that ends 36 months after the date of enact- section 504 of the Rehabilitation Act of 1973 a description of— ment of this Act. (29 U.S.C. 794), except that such modifica- tions shall not be the primary use of a grant (1) how the funds provided under this sec- PART III—GENERAL PROVISIONS tion will improve instruction at community or subgrant; SEC. 230. DEFINITIONS. colleges in the State and will improve the (F) abatement, removal, or interim con- (a) ESEA TERMS.—Except as otherwise pro- ability of those colleges to educate and train trols of asbestos, polychlorinated biphenyls, vided, in this subtitle, the terms ‘‘local edu- students to meet the workforce needs of em- mold, mildew, or lead-based hazards, includ- cational agency’’, ‘‘Secretary’’, and ‘‘State ployers in the State; and ing lead-based paint hazards; educational agency’’ have the meanings (2) the projected start of each project and (G) retrofitting necessary to increase en- given those terms in section 9101 of the Ele- the estimated number of persons to be em- ergy efficiency; mentary and Secondary Education Act of ployed in the project. (H) measures, such as selection and substi- 1965 (20 U.S.C. 7801). (c) PROHIBITED USES OF FUNDS.— tution of products and materials, and imple- (b) ADDITIONAL DEFINITIONS.—The fol- (1) IN GENERAL.—No funds awarded under mentation of improved maintenance and lowing definitions apply to this title: this section may be used for— operational procedures, such as ‘‘green (1) COMMUNITY COLLEGE.—The term ‘‘com- (i) payment of routine maintenance costs; cleaning’’ programs, to reduce or eliminate munity college’’ means— (ii) construction, modernization, renova- potential student or staff exposure to— (A) a junior or community college, as that tion, or repair of stadiums or other facilities (i) volatile organic compounds; term is defined in section 312(f) of the Higher primarily used for athletic contests or exhi- (ii) particles such as dust and pollens; or Education Act of 1965 (20 U.S.C. 1058(f)); or bitions or other events for which admission (iii) combustion gases; (B) a four-year public institution of higher is charged to the general public; or (I) modernization, renovation, or repair education (as defined in section 101 of the (iii) construction, modernization, renova- necessary to reduce the consumption of coal, Higher Education Act of 1965 (20 U.S.C. 1001)) tion, or repair of facilities— electricity, land, natural gas, oil, or water; that awards a significant number of degrees (I) used for sectarian instruction, religious (J) installation or upgrading of educational and certificates, as determined by the Sec- worship, or a school or department of divin- technology infrastructure; retary, that are not— ity; or (K) installation or upgrading of renewable (i) bachelor’s degrees (or an equivalent); or (II) in which a substantial portion of the energy generation and heating systems, in- (ii) master’s, professional, or other ad- functions of the facilities are subsumed in a cluding solar, photovoltaic, wind, biomass vanced degrees. religious mission. (including wood pellet and woody biomass), (2) CHPS CRITERIA.—The term ‘‘CHPS Cri- waste-to-energy, solar-thermal, and geo- (2) FOUR-YEAR INSTITUTIONS.—No funds teria’’ means the green building rating pro- awarded to a four-year public institution of thermal systems, and energy audits; gram developed by the Collaborative for higher education under this section may be (L) modernization, renovation, or repair High Performance Schools. used for any facility, service, or program of activities related to energy efficiency and re- (3) ENERGY STAR.—The term ‘‘Energy Star’’ newable energy, and improvements to build- the institution that is not available to stu- means the Energy Star program of the ing infrastructures to accommodate bicycle dents who are pursuing a degree or certifi- United States Department of Energy and the and pedestrian access; cate that is not a bachelor’s, master’s, pro- United States Environmental Protection (M) Ground improvements, storm water fessional, or other advanced degree. (d) GREEN PROJECTS.—In providing assist- Agency. management, landscaping and environ- ance to community college projects under (4) GREEN GLOBES.—The term ‘‘Green mental clean-up when necessary; this section, the State shall consider the ex- Globes’’ means the Green Building Initiative (N) other modernization, renovation, or re- tent to which a community college’s project environmental design and rating system re- pair to— involves activities that are certified, ferred to as Green Globes. (i) improve teachers’ ability to teach and verified, or consistent with the applicable (5) LEED GREEN BUILDING RATING SYSTEM.— students’ ability to learn; provisions of— The term ‘‘LEED Green Building Rating Sys- (ii) ensure the health and safety of stu- (1) the LEED Green Building Rating Sys- tem’’ means the United States Green Build- dents and staff; or tem; ing Council Leadership in Energy and Envi- (iii) improve classroom, laboratory, and (2) Energy Star; ronmental Design green building rating vocational facilities in order to enhance the (3) the CHPS Criteria, as applicable; standard referred to as the LEED Green quality of science, technology, engineering, (4) Green Globes; or Building Rating System. and mathematics instruction; and (5) an equivalent program adopted by the (6) MODERNIZATION, RENOVATION, AND RE- (O) required environmental remediation re- State or the State higher education agency PAIR.—The term ‘‘modernization, renovation lated to facilities modernization, renovation, that includes a verifiable method to dem- and repair’’ means— or repair activities described in subpara- onstrate compliance with such program. (A) comprehensive assessments of facilities graphs (A) through (L). (e) APPLICATION OF GEPA.—Section 439 of to identify— (7) OUTLYING AREA.—The term ‘‘outlying the General Education Provisions Act such (i) facility conditions or deficiencies that area’’ means the U.S. Virgin Islands, Guam, Act (20 U.S.C. 1232b) shall apply to funds could adversely affect student and staff American Samoa, the Commonwealth of the available under this subtitle. health, safety, performance, or productivity Northern Mariana Islands, and the Republic (f) REPORTS BY THE STATES.—Each State or energy, water, or materials efficiency; and of Palau. that receives a grant under this section (ii) needed facility improvements; (8) STATE.—The term ‘‘State’’ means each shall, not later than September 30, 2012, and (B) repairing, replacing, or installing roofs of the 50 States of the United States, the annually thereafter for each fiscal year in (which may be extensive, intensive, or semi- Commonwealth of Puerto Rico, and the Dis- which the State expends funds received intensive ‘‘green’’ roofs); electrical wiring; trict of Columbia.

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.042 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5545 SEC. 231. BUY AMERICAN. two years after the date of the enactment of section, $550,000,000 shall be set aside for in- Section 1605 of division A of the American this Act. The Secretary shall obligate vestments in transportation at Indian res- Recovery and Reinvestment Act of 2009 (Pub- amounts totaling not less than 50 percent of ervations and Federal lands in accordance lic Law 111–5) applies to funds made avail- the funds made available within one year of with the following: able under this title. enactment and obligate remaining amounts (A) Of the funds set aside by this para- Subtitle E—Immediate Transportation not later than two years after enactment. graph, $310,000,000 shall be for the Indian Res- Infrastrucure Investments (4) DISTRIBUTION OF FUNDS.—Of the funds ervation Roads program, $170,000,000 shall be provided in this subsection, after making the for the Park Roads and Parkways program, SEC. 241. IMMEDIATE TRANSPORTATION INFRA- STRUCTURE INVESTMENTS. set-asides required by paragraphs (9), (10), $60,000,000 shall be for the Forest Highway (11), (12), and (15), 50 percent of the funds Program, and $10,000,000 shall be for the Ref- (a) GRANTS-IN-AID FOR AIRPORTS.— shall be apportioned to States using the for- uge Roads program. (1) IN GENERAL.—There is made available to mula set forth in section 104(b)(3) of title 23, (B) For investments at Indian reservations the Secretary of Transportation $2,000,000,000 United States Code, and the remaining funds and Federal lands, priority shall be given to to carry out airport improvement under sub- shall be apportioned to States in the same capital investments, and to projects and ac- chapter I of chapter 471 and subchapter I of ratio as the obligation limitation for fiscal tivities that can be completed within 2 years chapter 475 of title 49, United States Code. year 2010 was distributed among the States of enactment of this Act. (2) FEDERAL SHARE; LIMITATION ON OBLIGA- in accordance with the formula specified in (C) One year following the enactment of TIONS.—The Federal share payable of the section 120(a)(6) of division A of Public Law this Act, to ensure the prompt use of the costs for which a grant is made under this 111–117. funding provided for investments at Indian subsection, shall be 100 percent. The amount (5) APPORTIONMENT.—Apportionments reservations and Federal lands, the Sec- made available under this subsection shall under paragraph (4) shall be made not later retary shall have the authority to redis- not be subject to any limitation on obliga- than 30 days after the date of the enactment tribute unobligated funds within the respec- tions for the Grants-In-Aid for Airports pro- of this Act. tive program for which the funds were appro- gram set forth in any Act or in title 49, (6) REDISTRIBUTION.— priated. United States Code. (A) The Secretary shall, 180 days following (D) Up to four percent of the funding pro- (3) DISTRIBUTION OF FUNDS.—Funds pro- the date of apportionment, withdraw from vided for Indian Reservation Roads may be vided to the Secretary under this subsection each State an amount equal to 50 percent of used by the Secretary of the Interior for pro- shall not be subject to apportionment for- the funds apportioned under paragraph (4) to gram management and oversight and mulas, special apportionment categories, or that State (excluding funds suballocated project-related administrative expenses. minimum percentages under chapter 471 of within the State) less the amount of funding (E) Section 134(f)(3)(C)(ii)(II) of title 23, such title. obligated (excluding funds suballocated United States Code, shall not apply to funds (4) AVAILABILITY.—The amounts made within the State), and the Secretary shall re- set aside by this paragraph. available under this subsection shall be distribute such amounts to other States that (11) JOB TRAINING.—Of the funds provided available for obligation until the date that is have had no funds withdrawn under this sub- under this subsection, $50,000,000 shall be set two years after the date of the enactment of paragraph in the manner described in section aside for the development and administra- this Act. The Secretary shall obligate 120(c) of division A of Public Law 111–117. tion of transportation training programs amounts totaling not less than 50 percent of (B) One year following the date of appor- under section 140(b) title 23, United States the funds made available within one year of tionment, the Secretary shall withdraw from Code. enactment and obligate remaining amounts each recipient of funds apportioned under (A) Funds set aside under this subsection not later than two years after enactment. paragraph (4) any unobligated funds, and the shall be competitively awarded and used for (5) ADMINISTRATIVE EXPENSES.—Of the Secretary shall redistribute such amounts to the purpose of providing training, appren- funds made available under this subsection, States that have had no funds withdrawn ticeship (including Registered Apprentice- 0.3 percent shall be available to the Sec- under this paragraph (excluding funds sub- ship), skill development, and skill improve- retary for administrative expenses, shall re- allocated within the State) in the manner ment programs, as well as summer transpor- main available for obligation until Sep- described in section 120(c) of division A of tation institutes and may be transferred to, tember 30, 2015, and may be used in conjunc- Public Law 111–117. or administered in partnership with, the Sec- tion with funds otherwise provided for the (C) At the request of a State, the Secretary retary of Labor and shall demonstrate to the administration of the Grants-In-Aid for Air- may provide an extension of the one-year pe- Secretary of Transportation program out- ports program. riod only to the extent that the Secretary comes, including— (b) NEXT GENERATION AIR TRAFFIC CONTROL determines that the State has encountered (i) impact on areas with transportation ADVANCEMENTS.— extreme conditions that create an unwork- workforce shortages; (1) IN GENERAL.—There is made available to able bidding environment or other extenu- (ii) diversity of training participants; the Secretary of Transportation $1,000,000,000 ating circumstances. Before granting an ex- (iii) number of participants obtaining cer- for necessary Federal Aviation Administra- tension, the Secretary notify in writing the tifications or credentials required for spe- tion capital, research and operating costs to Committee on Transportation and Infra- cific types of employment; carry out Next Generation air traffic control structure and the Committee on Environ- (iv) employment outcome metrics, such as system advancements. ment and Public Works, providing a thor- job placement and job retention rates, estab- (2) AVAILABILITY.—The amounts made ough justification for the extension. lished in consultation with the Secretary of available under this subsection shall be (7) TRANSPORTATION ENHANCEMENTS.—Three Labor and consistent with metrics used by available for obligation until the date that is percent of the funds apportioned to a State programs under the Workforce Investment two years after the date of the enactment of under paragraph (4) shall be set aside for the Act; this Act. purposes described in section 133(d)(2) of title (v) to the extent practical, evidence that (c) HIGHWAY INFRASTRUCTURE INVEST- 23, United States Code (without regard to the the program did not preclude workers that MENT.— comparison to fiscal year 2005). participate in training or apprenticeship ac- (1) IN GENERAL.—There is made available to (8) SUBALLOCATION.—Thirty percent of the tivities under the program from being re- the Secretary of Transportation funds apportioned to a State under this sub- ferred to, or hired on, projects funded under $27,000,000,000 for restoration, repair, con- section shall be suballocated within the this chapter; and struction and other activities eligible under State in the manner and for the purposes de- (vi) identification of areas of collaboration section 133(b) of title 23, United States Code, scribed in the first sentence of sections with the Department of Labor programs, in- and for passenger and freight rail transpor- 133(d)(3)(A), 133(d)(3)(B), and 133(d)(3)(D) of cluding co-enrollment. tation and port infrastructure projects eligi- title 23, United States Code. Such suballoca- (B) To be eligible to receive a competi- ble for assistance under section 601(a)(8) of tion shall be conducted in every State. tively awarded grant under this subsection, a title 23. Funds suballocated within a State to urban- State must certify that at least 0.1 percent (2) FEDERAL SHARE; LIMITATION ON OBLIGA- ized areas and other areas shall not be sub- of the amounts apportioned under the Sur- TIONS.—The Federal share payable on ac- ject to the redistribution of amounts re- face Transportation Program and Bridge count of any project or activity carried out quired 180 days following the date of appor- Program will be obligated in the first fiscal with funds made available under this sub- tionment of funds provided by paragraph year after enactment of this act for job section shall be, at the option of the recipi- (6)(A). training activities consistent with section ent, up to 100 percent of the total cost there- (9) PUERTO RICO AND TERRITORIAL HIGHWAY 140(b) of title 23, United States Code. of. The amount made available under this PROGRAMS.—Of the funds provided under this (12) DISADVANTAGED BUSINESS ENTER- subsection shall not be subject to any limita- subsection, $105,000,000 shall be set aside for PRISES.—Of the funds provided under this tion on obligations for Federal-aid highways the Puerto Rico highway program authorized subsection, $10,000,000 shall be set aside for and highway safety construction programs under section 165 of title 23, United States training programs and assistance programs set forth in any Act or in title 23, United Code, and $45,000,000 shall be for the terri- under section 140(c) of title 23, United States States Code. torial highway program authorized under Code. Funds set aside under this paragraph (3) AVAILABILITY.—The amounts made section 215 of title 23, United States Code. should be allocated to businesses that have available under this subsection shall be (10) FEDERAL LANDS AND INDIAN RESERVA- proven success in adding staff while effec- available for obligation until the date that is TIONS.—Of the funds provided under this sub- tively completing projects.

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(13) STATE PLANNING AND OVERSIGHT EX- (5) INTERCITY PASSENGER RAIL CORRIDORS.— ter 53 of title 49, United States Code, shall PENSES.—Of amounts apportioned under Not less than 85 percent of the funds pro- apply to funding provided under this sub- paragraph (4) of this subsection, a State may vided under this subsection shall be for coop- section, except that the Federal share of the use up to 0.5 percent for activities related to erative agreements that lead to the develop- costs for which any grant is made under this projects funded under this subsection, in- ment of entire segments or phases of inter- subsection shall be, at the option of the re- cluding activities eligible under sections 134 city or high-speed rail corridors. cipient, up to 100 percent. The amount made and 135 of title 23, United States Code, State (6) CONDITIONS.— available under this subsection shall not be administration of subgrants, and State over- (A) In addition to the provisions of title 49, subject to any limitation on obligations for sight of subrecipients. United States Code, that apply to each of the transit programs set forth in any Act or (14) CONDITIONS.— individual programs funded under this sub- chapter 53 of title 49. (A) Funds made available under this sub- section, subsections 24402(a)(2), 24402(i), and (3) AVAILABILITY.—The amounts made section shall be administered as if appor- 24403(a) and (c) of title 49, United States available under this subsection shall be tioned under chapter 1 of title 23, United Code, shall also apply to the provision of available for obligation until the date that is States Code, except for funds made available funds provided under this subsection. two years after the date of the enactment of for investments in transportation at Indian (B) A project need not be in a State rail this Act. The Secretary shall obligate reservations and Federal lands, and for the plan developed under Chapter 227 of title 49, amounts totaling not less than 50 percent of territorial highway program, which shall be United States Code, to be eligible for assist- the funds made available within one year of administered in accordance with chapter 2 of ance under this subsection. enactment and obligate remaining amounts title 23, United States Code, and except for (C) Recipients of grants under this para- not later than two years after enactment. funds made available for disadvantaged busi- graph shall conduct all procurement trans- (4) DISTRIBUTION OF FUNDS.—The Secretary ness enterprises bonding assistance, which actions using such grant funds in a manner of Transportation shall— shall be administered in accordance with that provides full and open competition, as (A) provide 80 percent of the funds appro- chapter 3 of title 49, United States Code. determined by the Secretary, in compliance priated under this subsection for grants (B) Funds made available under this sub- with existing labor agreements. under section 5307 of title 49, United States section shall not be obligated for the pur- (e) CAPITAL GRANTS TO THE NATIONAL RAIL- Code, and apportion such funds in accord- poses authorized under section 115(b) of title ROAD PASSENGER CORPORATION.— ance with section 5336 of such title; 23, United States Code. (1) IN GENERAL.—There is made available (B) provide 10 percent of the funds appro- (C) Funding provided under this subsection $2,000,000,000 to enable the Secretary of priated under this subsection in accordance shall be in addition to any and all funds pro- Transportation to make capital grants to with section 5340 of such title; and vided for fiscal years 2011 and 2012 in any the National Railroad Passenger Corporation (C) provide 10 percent of the funds appro- other Act for ‘‘Federal-aid Highways’’ and (Amtrak), as authorized by section 101(c) of priated under this subsection for grants shall not affect the distribution of funds pro- the Passenger Rail Investment and Improve- under section 5311 of title 49, United States vided for ‘‘Federal-aid Highways’’ in any ment Act of 2008 (Public Law 110–432). Code, and apportion such funds in accord- other Act. (2) AVAILABILITY.—The amounts made ance with such section. (D) Section 1101(b) of Public Law 109–59 available under this subsection shall be (5) APPORTIONMENT.—The funds appor- shall apply to funds apportioned under this available for obligation until the date that is tioned under this subsection shall be appor- subsection. two years after the date of the enactment of tioned not later than 21 days after the date (15) OVERSIGHT.—The Administrator of the this Act. The Secretary shall obligate of the enactment of this Act. Federal Highway Administration may set amounts totaling not less than 50 percent of (6) REDISTRIBUTION.— aside up to 0.15 percent of the funds provided the funds made available within one year of (A) The Secretary shall, 180 days following under this subsection to fund the oversight enactment and obligate remaining amounts the date of apportionment, withdraw from by the Administrator of projects and activi- not later than two years after enactment. each urbanized area or State an amount ties carried out with funds made available to (3) PROJECT PRIORITY.—The priority for the equal to 50 percent of the funds apportioned the Federal Highway Administration in this use of funds shall be given to projects for the to such urbanized areas or States less the Act, and such funds shall be available repair, rehabilitation, or upgrade of railroad amount of funding obligated, and the Sec- through September 30, 2015. assets or infrastructure, and for capital retary shall redistribute such amounts to (d) CAPITAL ASSISTANCE FOR HIGH SPEED projects that expand passenger rail capacity other urbanized areas or States that have RAIL CORRIDORS AND INTERCITY PASSENGER including the rehabilitation of rolling stock. had no funds withdrawn under this proviso RAIL SERVICE.— (4) CONDITIONS.— utilizing whatever method he deems appro- (1) IN GENERAL.—There is made available to (A) None of the funds under this subsection priate to ensure that all funds redistributed the Secretary of Transportation $4,000,000,000 shall be used to subsidize the operating under this proviso shall be utilized promptly. for grants for high-speed rail projects as au- losses of Amtrak. (B) One year following the date of appor- thorized under sections 26104 and 26106 of (B) The funds provided under this sub- tionment, the Secretary shall withdraw from title 49, United States Code, capital invest- section shall be awarded not later than 90 each urbanized area or State any unobli- ment grants to support intercity passenger days after the date of enactment of this Act. gated funds, and the Secretary shall redis- rail service as authorized under section 24406 (C) The Secretary shall take measures to tribute such amounts to other urbanized of title 49, United States Code, and conges- ensure that projects funded under this sub- areas or States that have had no funds with- tion grants as authorized under section 24105 section shall be completed within 2 years of drawn under this proviso utilizing whatever of title 49, United States Code, and to enter enactment of this Act, and shall serve to method the Secretary deems appropriate to into cooperative agreements for these pur- supplement and not supplant planned ex- ensure that all funds redistributed under this poses as authorized, except that the Admin- penditures for such activities from other proviso shall be utilized promptly. istrator of the Federal Railroad Administra- Federal, State, local and corporate sources. (C) At the request of an urbanized area or tion may retain up to one percent of the The Secretary shall certify to the House and State, the Secretary of Transportation may funds provided under this heading to fund Senate Committees on Appropriations in provide an extension of such 1-year period if the award and oversight by the Adminis- writing compliance with the preceding sen- the Secretary determines that the urbanized trator of grants made under this subsection, tence. area or State has encountered an unwork- which retained amount shall remain avail- (5) OVERSIGHT.—The Administrator of the able bidding environment or other extenu- able for obligation until September 30, 2015. Federal Railroad Administration may set ating circumstances. Before granting an ex- (2) AVAILABILITY.—The amounts made aside 0.5 percent of the funds provided under tension, the Secretary shall notify in writing available under this subsection shall be this subsection to fund the oversight by the the Committee on Transportation and Infra- available for obligation until the date that is Administrator of projects and activities car- structure and the Committee on Banking, two years after the date of the enactment of ried out with funds made available in this Housing and Urban Affairs, providing a thor- this Act. The Secretary shall obligate subsection, and such funds shall be available ough justification for the extension. amounts totaling not less than 50 percent of through September 30, 2015. (7) CONDITIONS.— the funds made available within one year of (f) TRANSIT CAPITAL ASSISTANCE.— (A) Of the funds provided for section 5311 of enactment and obligate remaining amounts (1) IN GENERAL.—There is made available to title 49, United States Code, 2.5 percent shall not later than two years after enactment. the Secretary of Transportation $3,000,000,000 be made available for section 5311(c)(1). (3) FEDERAL SHARE.—The Federal share for grants for transit capital assistance (B) Section 1101(b) of Public Law 109–59 payable of the costs for which a grant or co- grants as defined by section 5302(a)(1) of title shall apply to funds appropriated under this operative agreements is made under this sub- 49, United States Code. Notwithstanding any subsection. section shall be, at the option of the recipi- provision of chapter 53 of title 49, however, a (C) The funds appropriated under this sub- ent, up to 100 percent. recipient of funding under this subsection section shall not be comingled with any (4) INTERIM GUIDANCE.—The Secretary shall may use up to 10 percent of the amount pro- prior year funds. issue interim guidance to applicants cov- vided for the operating costs of equipment (8) OVERSIGHT.—Notwithstanding any other ering application procedures and administer and facilities for use in public transportation provision of law, 0.3 percent of the funds pro- the grants provided under this subsection or for other eligible activities. vided for grants under section 5307 and sec- pursuant to that guidance until final regula- (2) FEDERAL SHARE; LIMTATION ON OBLIGA- tion 5340, and 0.3 percent of the funds pro- tions are issued. TIONS.—The applicable requirements of chap- vided for grants under section 5311, shall be

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.045 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5547 available for administrative expenses and administrative expenses and program man- ministration and the Maritime Administra- program management oversight, and such agement oversight and shall remain avail- tion, to fund the award and oversight of funds shall be available through September able for obligation until September 30, 2015. grants made under this subsection. Funds re- 30, 2015. (h) TRANSPORTATION INFRASTRUCTURE tained shall remain available for obligation (g) STATE OF GOOD REPAIR.— GRANTS AND FINANCING.— until September 30, 2015. (1) IN GENERAL.—There is made available to (1) IN GENERAL.—There is made available to (i) LOCAL HIRING.— the Secretary of Transportation $6,000,000,000 the Secretary of Transportation $5,000,000,000 (1) IN GENERAL.—In the case of the funding for capital expenditures as authorized by sec- for capital investments in surface transpor- made available under subsections (a) tions 5309(b)(2) and (3) of title 49, United tation infrastructure. The Secretary shall through (h) of this section, the Secretary of States Code. distribute funds provided under this sub- Transportation may establish standards (2) FEDERAL SHARE.—The applicable re- section as discretionary grants to be award- under which a contract for construction may quirements of chapter 53 of Title 49, United ed to State and local governments or transit be advertised that contains requirements for States Code, shall apply, except that the agencies on a competitive basis for projects the employment of individuals residing in or Federal share of the costs for which a grant that will have a significant impact on the adjacent to any of the areas in which the is made under this subsection shall be, at the Nation, a metropolitan area, or a region. work is to be performed to perform construc- option of the recipient, up to 100 percent. (2) FEDERAL SHARE; LIMTATION ON OBLIGA- tion work required under the contract, pro- (3) AVAILABILITY.—The amounts made TIONS.—The Federal share payable of the vided that— available under this subsection shall be costs for which a grant is made under this (A) all or part of the construction work available for obligation until the date that is subsection, shall be 100 percent. performed under the contract occurs in an two years after the date of the enactment of (3) AVAILABILITY.—The amounts made area designated by the Secretary as an area this Act. The Secretary shall obligate available under this subsection shall be of high unemployment, using data reported amounts totaling not less than 50 percent of available for obligation until the date that is by the United States Department of Labor, the funds made available within one year of two years after the date of the enactment of Bureau of Labor Statistics; enactment and obligate remaining amounts this Act. The Secretary shall obligate (B) the estimated cost of the project of not later than two years after enactment. amounts totaling not less than 50 percent of which the contract is a part is greater than (4) DISTRIBUTION OF FUNDS.— the funds made available within one year of $10 million, except that the estimated cost of (A) The Secretary of Transportation shall enactment and obligate remaining amounts the project in the case of construction fund- apportion not less than 75 percent of the not later than two years after enactment. ed under subsection (c) shall be greater than funds under this subsection for the mod- (4) PROJECT ELIGIBILITY.—Projects eligible $50 million; and ernization of fixed guideway systems, pursu- for funding provided under this subsection (C) the recipient may not require the hir- ant to the formula set forth in section 5336(b) include— ing of individuals who do not have the nec- title 49, United States Code, other than sub- (A) highway or bridge projects eligible essary skills to perform work in any craft or section (b)(2)(A)(ii). under title 23, United States Code, including trade; provided that the recipient may re- (B) Of the funds appropriated under this interstate rehabilitation, improvements to quire the hiring of such individuals if the re- subsection, not less than 25 percent shall be the rural collector road system, the recon- cipient establishes reasonable provisions to struction of overpasses and interchanges, available for the restoration or replacement train such individuals to perform any such of existing public transportation assets re- bridge replacements, seismic retrofit work under the contract effectively. lated to bus systems, pursuant to the for- projects for bridges, and road realignments; (2) PROJECT STANDARDS.— mula set forth in section 5336 other than sub- (B) public transportation projects eligible (A) IN GENERAL.—Any standards estab- section (b). under chapter 53 of title 49, United States lished by the Secretary under this section (5) APPORTIONMENT.—The funds made avail- Code, including investments in projects par- shall ensure that any requirements specified able under this subsection shall be appor- ticipating in the New Starts or Small Starts under subsection (c)(1)— tioned not later than 30 days after the date programs that will expedite the completion (i) do not compromise the quality of the of the enactment of this Act. of those projects and their entry into rev- project; (6) REDISTRIBUTION.— enue service; (ii) are reasonable in scope and applica- (A) The Secretary shall, 180 days following (C) passenger and freight rail transpor- the date of apportionment, withdraw from tation projects; and tion; each urbanized area an amount equal to 50 (D) port infrastructure investments, in- (iii) do not unreasonably delay the comple- percent of the funds apportioned to such ur- cluding projects that connect ports to other tion of the project; and banized area less the amount of funding obli- modes of transportation and improve the ef- (iv) do not unreasonably increase the cost gated, and the Secretary shall redistribute ficiency of freight movement. of the project. VAILABLE PROGRAMS such amounts to other urbanized areas that (5) TIFIA PROGRAM.—The Secretary may (B) A .—The Secretary have had no funds withdrawn under this transfer to the Federal Highway Administra- shall make available to recipients the work- paragraph utilizing whatever method the tion funds made available under this sub- force development and training programs set Secretary deems appropriate to ensure that section for the purpose of paying the subsidy forth in section 24604(e)(1)(D) of this title to all funds redistributed under this paragraph and administrative costs of projects eligible assist recipients who wish to establish train- shall be utilized promptly: for federal credit assistance under chapter 6 ing programs that satisfy the provisions of (B) One year following the date of appor- of title 23, United States Code, if the Sec- section (c)(1)(C). The Secretary of Labor tionment, the Secretary shall withdraw from retary finds that such use of the funds would shall make available its qualifying work- each urbanized area any unobligated funds, advance the purposes of this subsection. force and training development programs to and the Secretary shall redistribute such (6) PROJECT PRIORITY.—The Secretary shall recipients who wish to establish training amounts to other urbanized areas that have give priority to projects that are expected to programs that satisfy the provisions of sec- had no funds withdrawn under this para- be completed within 3 years of the date of tion (c)(1)(C). graph, utilizing whatever method the Sec- the enactment of this Act. (3) IMPLEMENTING REGULATIONS.—The Sec- retary deems appropriate to ensure that all (7) DEADLINE FOR ISSUANCE OF COMPETITION retary shall promulgate final regulations to funds redistributed under this paragraph CRITERIA.—The Secretary shall publish cri- implement the authority of this subsection. (j) ADMINISTRATIVE PROVISIONS.— shall be utilized promptly: teria on which to base the competition for (1) APPLICABILITY OF TITLE 40.—Each (C) At the request of an urbanized area, the any grants awarded under this subsection project conducted using funds provided under Secretary may provide an extension of the 1- not later than 90 days after enactment of this subtitle shall comply with the require- year period if the Secretary finds that the this Act. The Secretary shall require appli- ments of subchapter IV of chapter 31 of title urbanized area has encountered an unwork- cations for funding provided under this sub- 40, United States Code. able bidding environment or other extenu- section to be submitted not later than 180 (2) BUY AMERICAN.—Section 1605 of division ating circumstances. Before granting an ex- days after the publication of the criteria, A of the American Recovery and Reinvest- tension, the Secretary shall notify the Com- and announce all projects selected to be ment Act of 2009 (Public Law 111–5) applies mittee on Transportation and Infrastructure funded from such funds not later than 1 year to each project conducted using funds pro- and the Committee on Banking, Housing, after the date of the enactment of the Act. vided under this subtitle. and Urban Affairs, providing a thorough jus- (8) APPLICABILITY OF TITLE 40.—Each tification for the extension. project conducted using funds provided under Subtitle F—Building and Upgrading (7) CONDITIONS.— this subsection shall comply with the re- Infrastructure for Long-Term Development (A) The provisions of section 1101(b) of quirements of subchapter IV of chapter 31 of SEC. 242. SHORT TITLE; TABLE OF CONTENTS. Public Law 109–59 shall apply to funds made title 40, United States Code. (a) SHORT TITLE.—This subtitle may be available under this subsection. (9) ADMINISTRATIVE EXPENSES.—The Sec- cited as the ‘‘Building and Upgrading Infra- (B) The funds appropriated under this sub- retary may retain up to one half of one per- structure for Long-Term Development Act’’. section shall not be commingled with any cent of the funds provided under this sub- SEC. 243. FINDINGS AND PURPOSE. prior year funds. section, and may transfer portions of those (a) FINDINGS.—Congress finds that— (8) OVERSIGHT.—Notwithstanding any other funds to the Administrators of the Federal (1) infrastructure has always been a vital provision of law, 0.3 percent of the funds Highway Administration, the Federal Tran- element of the economic strength of the under this subsection shall be available for sit Administration, the Federal Railroad Ad- United States and a key indicator of the

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.047 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5548 CONGRESSIONAL RECORD — SENATE September 13, 2011 international leadership of the United vide credit support to qualified infrastruc- (vi) Levee. States; ture projects of regional and national signifi- (vii) Open space management system. (2) the Erie Canal, the Hoover Dam, the cance, making transparent merit-based in- (D) ENERGY INFRASTRUCTURE PROJECT.—The railroads, and the interstate highway system vestment decisions based on the commercial term ‘‘energy infrastructure project’’ means are all testaments to American ingenuity viability of infrastructure projects, would the construction, alteration, or repair of the and have helped propel and maintain the catalyze the participation of significant pri- following subsectors: United States as the world’s largest econ- vate investment capital. (i) Pollution reduced energy generation. omy; (b) PURPOSE.—The purpose of this Act is to (ii) Transmission and distribution. (3) according to the World Economic Fo- facilitate investment in, and long-term fi- (iii) Storage. rum’s Global Competitiveness Report, the nancing of, economically viable infrastruc- (iv) Energy efficiency enhancements for United States fell to second place in 2009, ture projects of regional or national signifi- buildings, including public and commercial and dropped to fourth place overall in 2010, cance in a manner that both complements buildings. however, in the ‘‘Quality of overall infra- existing Federal, State, local, and private (E) BOARD AUTHORITY TO MODIFY SUBSEC- structure’’ category of the same report, the funding sources for these projects and intro- TORS.—The Board of Directors may make United States ranked twenty-third in the duces a merit-based system for financing modifications, at the discretion of the Board, world; such projects, in order to mobilize signifi- to the subsectors described in this paragraph (4) according to the World Bank’s 2010 Lo- cant private sector investment, create jobs, by a vote of not fewer than 5 of the voting gistic Performance Index, the capacity of and ensure United States competitiveness members of the Board of Directors. countries to efficiently move goods and con- through an institution that limits the need (10) INVESTMENT PROSPECTUS.— nect manufacturers and consumers with for ongoing Federal funding. (A) The term ‘‘investment prospectus’’ international markets is improving around means the processes and publications de- SEC. 244. DEFINITIONS. the world, and the United States now ranks scribed below that will guide the priorities For purposes of this Act, the following seventh in the world in logistics-related in- and strategic focus for the Bank’s invest- definitions shall apply: frastructure behind countries from both Eu- ments. The investment prospectus shall fol- (1) AIFA.—The term ‘‘AIFA’’ means the rope and Asia; low rulemaking procedures under section 553 American Infrastructure Financing Author- (5) according to a January 2009 report from of title 5, United States Code. the University of Massachusetts/Alliance for ity established under this Act. (B) The Bank shall publish a detailed de- American Manufacturing entitled ‘‘Employ- (2) BLIND TRUST.—The term ‘‘blind trust’’ scription of its strategy in an Investment ment, Productivity and Growth,’’ infrastruc- means a trust in which the beneficiary has Prospectus within one year of the enactment ture investment is a ‘‘highly effective engine no knowledge of the specific holdings and no of this subchapter. The Investment Pro- of job creation’’; rights over how those holdings are managed spectus shall— (6) according to the American Society of by the fiduciary of the trust prior to the dis- (i) specify what the Bank shall consider Civil Engineers, the current condition of the solution of the trust. significant to the economic competitiveness infrastructure in the United States earns a (3) BOARD OF DIRECTORS.—The term ‘‘Board of the United States or a region thereof in a grade point average of D, and an estimated of Directors’’ means Board of Directors of manner consistent with the primary objec- $2,200,000,000,000 investment is needed over AIFA. tive; the next 5 years to bring American infra- (4) CHAIRPERSON.—The term ‘‘Chairperson’’ (ii) specify the priorities and strategic structure up to adequate condition; means the Chairperson of the Board of Direc- focus of the Bank in forwarding its strategic (7) according to the National Surface tors of AIFA. objectives and carrying out the Bank strat- Transportation Policy and Revenue Study (5) CHIEF EXECUTIVE OFFICER.—The term egy; Commission, $225,000,000,000 is needed annu- ‘‘chief executive officer’’ means the chief ex- (iii) specify the priorities and strategic ally from all sources for the next 50 years to ecutive officer of AIFA, appointed under sec- focus of the Bank in promoting greater effi- upgrade the United States surface transpor- tion 247. ciency in the movement of freight; tation system to a state of good repair and (6) COST.—The term ‘‘cost’’ has the same (iv) specify the priorities and strategic create a more advanced system; meaning as in section 502 of the Federal focus of the Bank in promoting the use of in- (8) the current infrastructure financing Credit Reform Act of 1990 (2 U.S.C. 661a). novation and best practices in the planning, mechanisms of the United States, both on (7) DIRECT LOAN.—The term ‘‘direct loan’’ design, development and delivery of projects; the Federal and State level, will fail to meet has the same meaning as in section 502 of the (v) describe in detail the framework and current and foreseeable demands and will Federal Credit Reform Act of 1990 (2 U.S.C. methodology for calculating application create large funding gaps; 661a). qualification scores and associated ranges as (9) published reports state that there may (8) ELIGIBLE ENTITY.—The term ‘‘eligible specified in this subchapter, along with the not be enough demand for municipal bonds entity’’ means an individual, corporation, data to be requested from applicants and the to maintain the same level of borrowing at partnership (including a public-private part- mechanics of calculations to be applied to the same rates, resulting in significantly de- nership), joint venture, trust, State, or other that data to determine qualification scores creased infrastructure investment at the non-Federal governmental entity, including and ranges; State and local level; a political subdivision or any other instru- (vi) describe how selection criteria will be (10) current funding mechanisms are not mentality of a State, or a revolving fund. applied by the Chief Executive Officer in de- readily scalable and do not— (9) INFRASTRUCTURE PROJECT.— termining the competitiveness of an applica- (A) serve large in-State or cross jurisdic- (A) IN GENERAL.—The term ‘‘eligible infra- tion and its qualification score and range tion infrastructure projects, projects of re- structure project’’ means any non-Federal relative to other current applications and gional or national significance, or projects transportation, water, or energy infrastruc- previously funded applications; and that cross sector silos; ture project, or an aggregation of such infra- (vii) describe how the qualification score (B) sufficiently catalyze private sector in- structure projects, as provided in this Act. and range methodology and project selection vestment; or (B) TRANSPORTATION INFRASTRUCTURE framework are consistent with maximizing (C) ensure the optimal return on public re- PROJECT.—The term ‘‘transportation infra- the Bank goals in both urban and rural sources; structure project’’ means the construction, areas. (11) although grant programs of the United alteration, or repair, including the facilita- (C) The Investment Prospectus and any States Government must continue to play a tion of intermodal transit, of the following subsequent updates thereto shall be approved central role in financing the transportation, subsectors: by a majority vote of the Board of Directors environment, and energy infrastructure (i) Highway or road. prior to publication. needs of the United States, current and fore- (ii) Bridge. (D) The Bank shall update the Investment seeable demands on existing Federal, State, (iii) Mass transit. Prospectus on every biennial anniversary of and local funding for infrastructure expan- (iv) Inland waterways. its original publication. sion clearly exceed the resources to support (v) Commercial ports. (11) INVESTMENT-GRADE RATING.—The term these programs by margins wide enough to (vi) Airports. ‘‘investment-grade rating’’ means a rating of prompt serious concerns about the United (vii) Air traffic control systems. BBB minus, Baa3, or higher assigned to an States ability to sustain long-term economic (viii) Passenger rail, including high-speed infrastructure project by a ratings agency. development, productivity, and inter- rail. (12) LOAN GUARANTEE.—The term ‘‘loan national competitiveness; (ix) Freight rail systems. guarantee’’ has the same meaning as in sec- (12) the capital markets, including pension (C) WATER INFRASTRUCTURE PROJECT.—The tion 502 of the Federal Credit Reform Act of funds, private equity funds, mutual funds, term ‘‘water infrastructure project’’ means 1990 (2 U.S.C. 661a). sovereign wealth funds, and other investors, the construction, consolidation, alteration, (13) PUBLIC-PRIVATE PARTNERSHIP.—The have a growing interest in infrastructure in- or repair of the following subsectors: term ‘‘public-private partnership’’ means vestment and represent hundreds of billions (i) Waterwaste treatment facility. any eligible entity— of dollars of potential investment; and (ii) Storm water management system. (A)(i) which is undertaking the develop- (13) the establishment of a United States (iii) Dam. ment of all or part of an infrastructure Government-owned, independent, profes- (iv) Solid waste disposal facility. project that will have a public benefit, pur- sionally managed institution that could pro- (v) Drinking water treatment facility. suant to requirements established in one or

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.048 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5549 more contracts between the entity and a ment of this Act, the majority leader of the essary redactions to protect any proprietary State or an instrumentality of a State; or Senate, the minority leader of the Senate, or sensitive information. (ii) the activities of which, with respect to the Speaker of the House of Representatives, (4) QUORUM.—For purposes of meetings of such an infrastructure project, are subject to and the minority leader of the House of Rep- the Board of Directors, 5 voting members of regulation by a State or any instrumentality resentatives shall each submit a rec- the Board of Directors shall constitute a of a State; ommendation to the President for appoint- quorum. (B) which owns, leases, or operates or will ment of a member of the Board of Directors, (f) COMPENSATION OF MEMBERS.—Each vot- own, lease, or operate, the project in whole after consultation with the appropriate com- ing member of the Board of Directors shall or in part; and mittees of Congress. be compensated at a rate equal to the daily (C) the participants in which include not (b) VOTING RIGHTS.—Each voting member equivalent of the annual rate of basic pay fewer than 1 nongovernmental entity with of the Board of Directors shall have an equal prescribed for level III of the Executive significant investment and some control vote in all decisions of the Board of Direc- Schedule under section 5314 of title 5, United over the project or project vehicle. tors. States Code, for each day (including travel (c) QUALIFICATIONS OF VOTING MEMBERS.— (14) RURAL INFRASTRUCTURE PROJECT.—The time) during which the member is engaged in term ‘‘rural infrastructure project’’ means Each voting member of the Board of Direc- the performance of the duties of the Board of an infrastructure project in a rural area, as tors shall— Directors. (1) be a citizen of the United States; and that term is defined in section 343(a)(13)(A) (g) CONFLICTS OF INTEREST.—A voting (2) have significant demonstrated expertise of the Consolidated Farm and Rural Develop- member of the Board of Directors may not in— ment Act (7 U.S.C. 1991(a)(13)(A)). participate in any review or decision affect- (A) the management and administration of (15) SECRETARY.—Unless the context other- ing an infrastructure project under consider- a financial institution relevant to the oper- wise requires, the term ‘‘Secretary’’ means ation for assistance under this Act, if the ation of AIFA; or a public financial agency the Secretary of the Treasury or the des- member has or is affiliated with an entity or authority; or ignee thereof. who has a financial interest in such project. (B) the financing, development, or oper- (16) SENIOR MANAGEMENT.—The term ‘‘sen- SEC. 247. CHIEF EXECUTIVE OFFICER OF AIFA. ation of infrastructure projects; or ior management’’ means the chief financial (a) IN GENERAL.—The chief executive offi- (C) analyzing the economic benefits of in- officer, chief risk officer, chief compliance cer of AIFA shall be a nonvoting member of frastructure investment. officer, general counsel, chief lending officer, the Board of Directors, who shall be respon- (d) TERMS.— sible for all activities of AIFA, and shall sup- and chief operations officer of AIFA estab- (1) IN GENERAL.—Except as otherwise pro- lished under section 249, and such other offi- port the Board of Directors as set forth in vided in this Act, each voting member of the this Act and as the Board of Directors deems cers as the Board of Directors may, by ma- Board of Directors shall be appointed for a jority vote, add to senior management. necessary or appropriate. term of 4 years. (b) APPOINTMENT AND TENURE OF THE CHIEF (17) STATE.—The term ‘‘State’’ includes the (2) INITIAL STAGGERED TERMS.—Of the vot- EXECUTIVE OFFICER.— District of Columbia, Puerto Rico, Guam, ing members first appointed to the Board of (1) IN GENERAL.—The President shall ap- American Samoa, the Virgin Islands, the Directors— point the chief executive officer, by and with Commonwealth of Northern Mariana Islands, (A) the initial Chairperson and 3 of the the of the Senate. and any other territory of the United States. other voting members shall each be ap- (2) TERM.—The chief executive officer shall PART I—AMERICAN INFRASTRUCTURE pointed for a term of 4 years; and be appointed for a term of 6 years. FINANCING AUTHORITY (B) the remaining 3 voting members shall (3) VACANCIES.—Any vacancy in the office SEC. 245. ESTABLISHMENT AND GENERAL AU- each be appointed for a term of 2 years. of the chief executive officer shall be filled THORITY OF AIFA. (3) DATE OF INITIAL NOMINATIONS.—The ini- by the President, and the person appointed (a) ESTABLISHMENT OF AIFA.—The Amer- tial nominations for the appointment of all to fill a vacancy in that position occurring ican Infrastructure Financing Authority is voting members of the Board of Directors before the expiration of the term for which established as a wholly owned Government shall be made not later than 60 days after the the predecessor was appointed shall be ap- corporation. date of enactment of this Act. pointed only for the remainder of that term. (b) GENERAL AUTHORITY OF AIFA.—AIFA (4) BEGINNING OF TERM.—The term of each (c) QUALIFICATIONS.—The chief executive shall provide direct loans and loan guaran- of the initial voting members appointed officer— tees to facilitate infrastructure projects that under this section shall commence imme- (1) shall have significant expertise in man- are both economically viable and of regional diately upon the date of appointment, except agement and administration of a financial or national significance, and shall have such that, for purposes of calculating the term institution, or significant expertise in the fi- other authority, as provided in this Act. limits specified in this subsection, the initial nancing and development of infrastructure (c) INCORPORATION.— terms shall each be construed as beginning projects, or significant expertise in ana- (1) IN GENERAL.—The Board of Directors on January 22 of the year following the date lyzing the economic benefits of infrastruc- first appointed shall be deemed the incorpo- of the initial appointment. ture investment; and rator of AIFA, and the incorporation shall be (5) VACANCIES.—A vacancy in the position (2) may not— held to have been effected from the date of of a voting member of the Board of Directors (A) hold any other public office; the first meeting of the Board of Directors. shall be filled by the President, and a mem- (B) have any financial interest in an infra- (2) CORPORATE OFFICE.—AIFA shall— ber appointed to fill a vacancy on the Board structure project then being considered by (A) maintain an office in Washington, DC; of Directors occurring before the expiration the Board of Directors, unless that interest and of the term for which the predecessor was ap- is placed in a blind trust; or (B) for purposes of venue in civil actions, pointed shall be appointed only for the re- (C) have any financial interest in an in- be considered to be a resident of Washington, mainder of that term. vestment institution or its affiliates or any DC. (e) MEETINGS.— other entity seeking or likely to seek finan- (d) RESPONSIBILITY OF THE SECRETARY.— (1) OPEN TO THE PUBLIC; NOTICE.—Except as cial assistance for any infrastructure project The Secretary shall take such action as may provided in paragraph (3), all meetings of the from AIFA, unless any such interest is be necessary to assist in implementing Board of Directors shall be— placed in a blind trust for the tenure of the AIFA, and in carrying out the purpose of this (A) open to the public; and service of the chief executive officer plus 2 Act. (B) preceded by reasonable public notice. additional years. (e) RULE OF CONSTRUCTION.—Chapter 91 of (2) FREQUENCY.—The Board of Directors (d) RESPONSIBILITIES.—The chief executive title 31, United States Code, does not apply shall meet not later than 60 days after the officer shall have such executive functions, to AIFA, unless otherwise specifically pro- date on which all members of the Board of powers, and duties as may be prescribed by vided in this Act. Directors are first appointed, at least quar- this Act, the bylaws of AIFA, or the Board of SEC. 246. VOTING MEMBERS OF THE BOARD OF terly thereafter, and otherwise at the call of Directors, including— DIRECTORS. either the Chairperson or 5 voting members (1) responsibility for the development and (a) VOTING MEMBERSHIP OF THE BOARD OF of the Board of Directors. implementation of the strategy of AIFA, in- DIRECTORS.— (3) EXCEPTION FOR CLOSED MEETINGS.—The cluding— (1) IN GENERAL.—AIFA shall have a Board voting members of the Board of Directors (A) the development and submission to the of Directors consisting of 7 voting members may, by majority vote, close a meeting to Board of Directors of the investment pro- appointed by the President, by and with the the public if, during the meeting to be spectus, the annual business plans and budg- advice and consent of the Senate, not more closed, there is likely to be disclosed propri- et; than 4 of whom shall be from the same polit- etary or sensitive information regarding an (B) the development and submission to the ical party. infrastructure project under consideration Board of Directors of a long-term strategic (2) CHAIRPERSON.—One of the voting mem- for assistance under this Act. The Board of plan; and bers of the Board of Directors shall be des- Directors shall prepare minutes of any meet- (C) the development, revision, and submis- ignated by the President to serve as Chair- ing that is closed to the public, and shall sion to the Board of Directors of internal person thereof. make such minutes available as soon as policies; and (3) CONGRESSIONAL RECOMMENDATIONS.—Not practicable, not later than 1 year after the (2) responsibility for the management and later than 30 days after the date of enact- date of the closed meeting, with any nec- oversight of the daily activities, decisions,

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.049 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5550 CONGRESSIONAL RECORD — SENATE September 13, 2011 operations, and personnel of AIFA, includ- (i) policies regarding the loan application appropriate to and consistent with the pur- ing— and approval process, including— poses of AIFA; (A) the appointment of senior manage- (I) disclosure and application procedures to (C) to determine the character of, and the ment, subject to approval by the voting be followed by entities in the course of nomi- necessity for, the obligations and expendi- members of the Board of Directors, and the nating infrastructure projects for assistance tures of AIFA, and the manner in which the hiring and termination of all other AIFA under this Act; obligations and expenditures will be in- personnel; (II) guidelines for the selection and ap- curred, allowed, and paid, subject to this Act (B) requesting the detail, on a reimburs- proval of projects; and other Federal law specifically applicable able basis, of personnel from any Federal (III) specific criteria for determining eligi- to wholly owned Federal corporations; agency having specific expertise not avail- bility for project selection, consistent with (D) to execute, in accordance with applica- able from within AIFA, following which re- title II; and ble bylaws and regulations, appropriate in- quest the head of the Federal agency may de- (IV) standardized terms and conditions, fee struments; tail, on a reimbursable basis, any personnel schedules, or legal requirements of a con- (E) to approve other forms of credit en- of such agency reasonably requested by the tract or program, so as to carry out this Act; hancement that AIFA may provide to eligi- chief executive officer; and ble projects, as long as the forms of credit (C) assessing and recommending in the (ii) operational guidelines; and enhancements are consistent with the pur- first instance, for ultimate approval or dis- (E) approve or disapprove a multi-year or poses of this Act and terms set forth in title approval by the Board of Directors, com- 1-year business plan and budget for AIFA; II; pensation and adjustments to compensation (3) ensure that AIFA is at all times oper- (F) to exercise all other lawful powers of senior management and other personnel of ated in a manner that is consistent with this which are necessary or appropriate to carry AIFA as may be necessary for carrying out Act, by— out, and are consistent with, the purposes of the functions of AIFA; (A) monitoring and assessing the effective- AIFA; (D) ensuring, in conjunction with the gen- ness of AIFA in achieving its strategic goals; (G) to sue or be sued in the corporate ca- eral counsel of AIFA, that all activities of (B) periodically reviewing internal poli- pacity of AIFA in any court of competent ju- AIFA are carried out in compliance with ap- cies; risdiction; plicable law; (C) reviewing and approving annual busi- (H) to indemnify the members of the Board (E) overseeing the involvement of AIFA in ness plans, annual budgets, and long-term of Directors and officers of AIFA for any li- all projects, including— strategies submitted by the chief executive abilities arising out of the actions of the (i) developing eligible projects for AIFA fi- officer; members and officers in such capacity, in ac- nancial assistance; (D) reviewing and approving annual reports cordance with, and subject to the limitations (ii) determining the terms and conditions submitted by the chief executive officer; contained in this Act; of all financial assistance packages; (E) engaging one or more external audi- (I) to review all financial assistance pack- (iii) monitoring all infrastructure projects tors, as set forth in this Act; and ages to all eligible infrastructure projects, as assisted by AIFA, including responsibility (F) reviewing and approving all changes to submitted by the chief executive officer and for ensuring that the proceeds of any loan the organization of senior management; to approve, postpone, or deny the same by made, guaranteed, or participated in are (4) appoint and fix, by a vote of 5 of the 7 majority vote; used only for the purposes for which the loan voting members of the Board of Directors, (J) to review all restructuring proposals or guarantee was made; and without regard to the provisions of chap- submitted by the chief executive officer, in- (iv) preparing and submitting for approval ter 51 or subchapter III of chapter 53 of title cluding assignation, pledging, or disposal of by the Board of Directors the documents re- 5, United Sates Code, the compensation and the interest of AIFA in a project, including quired under paragraph (1); and adjustments to compensation of all AIFA payment or income from any interest owned (v) ensuring the implementation of deci- personnel, provided that in appointing and or held by AIFA, and to approve, postpone, sions of the Board of Directors; and fixing any compensation or adjustments to or deny the same by majority vote; and (F) such other activities as may be nec- compensation under this paragraph, the (K) to enter into binding commitments, as essary or appropriate in carrying out this Board shall— specified in approved financial assistance Act. (A) consult with, and seek to maintain packages; (e) COMPENSATION.— comparability with, other comparable Fed- (9) delegate to the chief executive officer (1) IN GENERAL.—Any compensation assess- eral personnel; those duties that the Board of Directors ment or recommendation by the chief execu- (B) consult with the Office of Personnel deems appropriate, to better carry out the tive officer under this section shall be with- Management; and powers and purposes of the Board of Direc- out regard to the provisions of chapter 51 or (C) carry out such duties consistent with tors under this section; and subchapter III of chapter 53 of title 5, United merit principles, where applicable, as well as (10) to approve a maximum aggregate States Code. the education, experience, level of responsi- amount of outstanding obligations of AIFA (2) CONSIDERATIONS.—The compensation as- bility, geographic differences, and retention at any given time, taking into consideration sessment or recommendation required under and recruitment needs in determining com- funding, and the size of AIFA’s addressable this subsection shall take into account merit pensation of personnel; market for infrastructure projects. principles, where applicable, as well as the (5) establish such other criteria, require- SEC. 249. SENIOR MANAGEMENT. education, experience, level of responsibility, ments, or procedures as the Board of Direc- (a) IN GENERAL.—Senior management shall geographic differences, and retention and re- tors may consider to be appropriate in car- support the chief executive officer in the dis- cruitment needs in determining compensa- rying out this Act; charge of the responsibilities of the chief ex- tion of personnel. (6) serve as the primary liaison for AIFA in ecutive officer. SEC. 248. POWERS AND DUTIES OF THE BOARD interactions with Congress, the Executive (b) APPOINTMENT OF SENIOR MANAGE- OF DIRECTORS. Branch, and State and local governments, MENT.—The chief executive officer shall ap- The Board of Directors shall— and to represent the interests of AIFA in point such senior managers as are necessary (1) as soon as is practicable after the date such interactions and others; to carry out the purpose of AIFA, as ap- on which all members are appointed, approve (7) approve by a vote of 5 of the 7 voting proved by a majority vote of the voting or disapprove senior management appointed members of the Board of Directors any members of the Board of Directors. by the chief executive officer; changes to the bylaws or internal policies of (c) TERM.—Each member of senior manage- (2) not later than 180 days after the date on AIFA; ment shall serve at the pleasure of the chief which all members are appointed— (8) have the authority and responsibility— executive officer and the Board of Directors. (A) develop and approve the bylaws of (A) to oversee entering into and carry out (d) REMOVAL OF SENIOR MANAGEMENT.— AIFA, including bylaws for the regulation of such contracts, leases, cooperative agree- Any member of senior management may be the affairs and conduct of the business of ments, or other transactions as are nec- removed, either by a majority of the voting AIFA, consistent with the purpose, goals, ob- essary to carry out this Act with— members of the Board of Directors upon re- jectives, and policies set forth in this Act; (i) any Federal department or agency; quest by the chief executive officer, or other- (B) establish subcommittees, including an (ii) any State, territory, or possession (or wise by vote of not fewer than 5 voting mem- audit committee that is composed solely of any political subdivision thereof, including bers of the Board of Directors. members of the Board of Directors who are State infrastructure banks) of the United (e) SENIOR MANAGEMENT.— independent of the senior management of States; and (1) IN GENERAL.—Each member of senior AIFA; (iii) any individual, public-private partner- management shall report directly to the (C) develop and approve, in consultation ship, firm, association, or corporation; chief executive officer, other than the Chief with senior management, a conflict-of-inter- (B) to approve of the acquisition, lease, Risk Officer, who shall report directly to the est policy for the Board of Directors and for pledge, exchange, and disposal of real and Board of Directors. senior management; personal property by AIFA and otherwise ap- (2) DUTIES AND RESPONSIBILITIES.— (D) approve or disapprove internal policies prove the exercise by AIFA of all of the (A) CHIEF FINANCIAL OFFICER.—The Chief that the chief executive officer shall submit usual incidents of ownership of property, to Financial Officer shall be responsible for all to the Board of Directors, including— the extent that the exercise of such powers is financial functions of AIFA, provided that,

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.050 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5551 at the discretion of the Board of Directors, SEC. 250. SPECIAL INSPECTOR GENERAL FOR (B) The Special Inspector General may ex- specific functions of the Chief Financial Offi- AIFA. ercise the authorities of subsections (b) cer may be delegated externally. (a) IN GENERAL.—During the first 5 oper- through (i) of section 3161 of title 5, United (B) CHIEF RISK OFFICER.—The Chief Risk ating years of AIFA, the Office of the Inspec- States Code (without regard to subsection (a) Officer shall be responsible for all functions tor General of the Department of the Treas- of that section). of AIFA relating to— ury shall have responsibility for AIFA. (2) RETENTION OF SERVICES.—The Special (i) the creation of financial, credit, and (b) OFFICE OF THE SPECIAL INSPECTOR GEN- Inspector General may obtain services as au- ERAL.—Effective 5 years after the date of en- operational risk management guidelines and thorized by section 3109 of title 5, United actment of the commencement of the oper- policies; States Code, at daily rates not to exceed the ations of AIFA, there is established the Of- (ii) credit analysis for infrastructure equivalent rate prescribed for grade GS–15 of fice of the Special Inspector General for projects; the General Schedule by section 5332 of such (iii) the creation of conforming standards AIFA. (c) APPOINTMENT OF INSPECTOR GENERAL; title. for infrastructure finance agreements; REMOVAL.— (3) ABILITY TO CONTRACT FOR AUDITS, STUD- (iv) the monitoring of the financial, credit, (1) HEAD OF OFFICE.—The head of the Office IES, AND OTHER SERVICES.—The Special In- and operational exposure of AIFA; and of the Special Inspector General for AIFA spector General may enter into contracts (v) risk management and mitigation ac- shall be the Special Inspector General for and other arrangements for audits, studies, tions, including by reporting such actions, or AIFA (in this Act referred to as the ‘‘Special analyses, and other services with public recommendations of such actions to be Inspector General’’), who shall be appointed agencies and with private persons, and make taken, directly to the Board of Directors. by the President, by and with the advice and such payments as may be necessary to carry (C) CHIEF COMPLIANCE OFFICER.—The Chief consent of the Senate. out the duties of the Special Inspector Gen- Compliance Officer shall be responsible for (2) BASIS OF APPOINTMENT.—The appoint- eral. all functions of AIFA relating to internal au- ment of the Special Inspector General shall (4) REQUEST FOR INFORMATION.— dits, accounting safeguards, and the enforce- be made on the basis of integrity and dem- (A) IN GENERAL.—Upon request of the Spe- ment of such safeguards and other applicable onstrated ability in accounting, auditing, fi- cial Inspector General for information or as- requirements. nancial analysis, law, management analysis, sistance from any department, agency, or (D) GENERAL COUNSEL.—The General Coun- public administration, or investigations. other entity of the Federal Government, the sel shall be responsible for all functions of (3) TIMING OF NOMINATION.—The nomina- head of such entity shall, insofar as is prac- AIFA relating to legal matters and, in con- tion of an individual as Special Inspector ticable and not in contravention of any ex- sultation with the chief executive officer, General shall be made as soon as is prac- isting law, furnish such information or as- shall be responsible for ensuring that AIFA ticable after the effective date under sub- sistance to the Special Inspector General, or complies with all applicable law. section (b). an authorized designee. (E) CHIEF OPERATIONS OFFICER.—The Chief (4) REMOVAL.—The Special Inspector Gen- (B) REFUSAL TO COMPLY.—Whenever infor- Operations Officer shall be responsible for all eral shall be removable from office in accord- mation or assistance requested by the Spe- operational functions of AIFA, including ance with the provisions of section 3(b) of cial Inspector General is, in the judgment of those relating to the continuing operations the Inspector General Act of 1978 (5 U.S.C. the Special Inspector General, unreasonably and performance of all infrastructure App.). refused or not provided, the Special Inspec- projects in which AIFA retains an interest (5) RULE OF CONSTRUCTION.—For purposes tor General shall report the circumstances and for all AIFA functions related to human of section 7324 of title 5, United States Code, to the Secretary of the Treasury, without resources. the Special Inspector General shall not be delay. (F) CHIEF LENDING OFFICER.—The Chief considered an employee who determines poli- (g) REPORTS.— Lending Officer shall be responsible for— cies to be pursued by the United States in (1) ANNUAL REPORT.—Not later than 1 year (i) all functions of AIFA relating to the de- the nationwide administration of Federal after the confirmation of the Special Inspec- velopment of project pipeline, financial law. tor General, and every calendar year there- structuring of projects, selection of infra- (6) RATE OF PAY.—The annual rate of basic after, the Special Inspector General shall structure projects to be reviewed by the pay of the Special Inspector General shall be submit to the President a report summa- Board of Directors, preparation of infrastruc- the annual rate of basic pay for an Inspector rizing the activities of the Special Inspector ture projects to be presented to the Board of General under section 3(e) of the Inspector General during the previous 1-year period Directors, and set aside for rural infrastruc- General Act of 1978 (5 U.S.C. App.). ending on the date of such report. ture projects; and (d) DUTIES.— (2) PUBLIC DISCLOSURES.—Nothing in this (ii) the creation and management of— (1) IN GENERAL.—It shall be the duty of the subsection shall be construed to authorize (I) a Center for Excellence to provide tech- Special Inspector General to conduct, super- the public disclosure of information that is— nical assistance to public sector borrowers in vise, and coordinate audits and investiga- (A) specifically prohibited from disclosure the development and financing of infrastruc- tions of the business activities of AIFA. by any other provision of law; ture projects; and (2) OTHER SYSTEMS, PROCEDURES, AND CON- (B) specifically required by Executive (II) an Office of Rural Assistance to pro- TROLS.—The Special Inspector General shall order to be protected from disclosure in the vide technical assistance in the development establish, maintain, and oversee such sys- interest of national defense or national secu- and financing of rural infrastructure tems, procedures, and controls as the Special rity or in the conduct of foreign affairs; or projects; and Inspector General considers appropriate to (C) a part of an ongoing criminal investiga- (iii) the establishment of guidelines to en- discharge the duty under paragraph (1). tion. sure diversification of lending activities by (3) ADDITIONAL DUTIES.—In addition to the SEC. 251. OTHER PERSONNEL. region, infrastructure project type, and duties specified in paragraphs (1) and (2), the Except as otherwise provided in the bylaws project size. Inspector General shall also have the duties of AIFA, the chief executive officer, in con- (f) CHANGES TO SENIOR MANAGEMENT.—The and responsibilities of inspectors general sultation with the Board of Directors, shall Board of Directors, in consultation with the under the Inspector General Act of 1978. appoint, remove, and define the duties of chief executive officer, may alter the struc- (e) POWERS AND AUTHORITIES.— such qualified personnel as are necessary to ture of the senior management of AIFA at (1) IN GENERAL.—In carrying out the duties carry out the powers, duties, and purpose of any time to better accomplish the goals, ob- specified in subsection (c), the Special In- AIFA, other than senior management, who jectives, and purposes of AIFA, provided that spector General shall have the authorities shall be appointed in accordance with sec- the functions of the Chief Financial Officer provided in section 6 of the Inspector Gen- tion 249. set forth in subsection (e) remain separate eral Act of 1978. from the functions of the Chief Risk Officer (2) ADDITIONAL AUTHORITY.—The Special In- SEC. 252. COMPLIANCE. set forth in subsection (e). spector General shall carry out the duties The provision of assistance by the Board of (g) CONFLICTS OF INTEREST.—No individual specified in subsection (c)(1) in accordance Directors pursuant to this Act shall not be appointed to senior management may— with section 4(b)(1) of the Inspector General construed as superseding any provision of (1) hold any other public office; Act of 1978. State law or regulation otherwise applicable (2) have any financial interest in an infra- (f) PERSONNEL, FACILITIES, AND OTHER RE- to an infrastructure project. structure project then being considered by SOURCES.— PART II—TERMS AND LIMITATIONS ON the Board of Directors, unless that interest (1) ADDITIONAL OFFICERS.— DIRECT LOANS AND LOAN GUARANTEES is placed in a blind trust; or (A) The Special Inspector General may se- SEC. 253. ELIGIBILITY CRITERIA FOR ASSIST- (3) have any financial interest in an invest- lect, appoint, and employ such officers and ANCE FROM AIFA AND TERMS AND ment institution or its affiliates, AIFA or its employees as may be necessary for carrying LIMITATIONS OF LOANS. affiliates, or other entity then seeking or out the duties of the Special Inspector Gen- (a) IN GENERAL.—Any project whose use or likely to seek financial assistance for any in- eral, subject to the provisions of title 5, purpose is private and for which no public frastructure project from AIFA, unless any United States Code, governing appointments benefit is created shall not be eligible for fi- such interest is placed in a blind trust during in the competitive service, and the provi- nancial assistance from AIFA under this the term of service of that individual in a sions of chapter 51 and subchapter III of Act. Financial assistance under this Act senior management position, and for a period chapter 53 of such title, relating to classi- shall only be made available if the applicant of 2 years thereafter. fication and General Schedule pay rates. for such assistance has demonstrated to the

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The final credit subsidy the infrastructure project for which such as- Board of Directors. cost for each loan and loan guarantee shall sistance is being sought— (3) DEDICATED REVENUE SOURCES.—The Fed- be determined consistent with the Federal (1) is not for the refinancing of an existing eral credit instrument shall be repayable, in Credit Reform Act, 2 U.S.C. 661a et seq. infrastructure project; and whole or in part, from tolls, user fees, or (e) CREDIT FEE.—With respect to each (2) meets— other dedicated revenue sources that also se- agreement for assistance under this Act, the (A) any pertinent requirements set forth in cure the infrastructure project obligations. chief executive officer may charge a credit this Act; (d) ELIGIBLE INFRASTRUCTURE PROJECT fee to the recipient of such assistance to pay (B) any criteria established by the Board of COSTS.— for, over time, all or a portion of the Federal Directors or chief executive officer in ac- (1) IN GENERAL.—Except as provided in credit subsidy determined under subsection cordance with this Act; and paragraph (2), to be eligible for assistance (d), with the remainder paid by the account (C) the definition of a transportation infra- under this Act, an infrastructure project established for AIFA; provided, that the structure project, water infrastructure shall have project costs that are reasonably source of fees paid under this section shall project, or energy infrastructure project. anticipated to equal or exceed $100,000,000. not be a loan or debt obligation guaranteed by the Federal Government. In the case of a (b) CONSIDERATIONS.—The criteria estab- (2) RURAL INFRASTRUCTURE PROJECTS.—To lished by the Board of Directors pursuant to be eligible for assistance under this Act a direct loan, such credit fee shall be in addi- this Act shall provide adequate consider- rural infrastructure project shall have tion to the base interest rate established ation of— project costs that are reasonably anticipated under subsection (c). (f) MATURITY DATE.—The final maturity (1) the economic, financial, technical, envi- to equal or exceed $25,000,000. date of a direct loan or loan guaranteed by ronmental, and public benefits and costs of (e) LOAN ELIGIBILITY AND MAXIMUM AIFA under this Act shall be not later than AMOUNTS.— each infrastructure project under consider- 35 years after the date of substantial comple- (1) IN GENERAL.—The amount of a direct ation for financial assistance under this Act, tion of the infrastructure project, as deter- loan or loan guarantee under this Act shall prioritizing infrastructure projects that— mined by the chief executive officer. not exceed the lesser of 50 percent of the rea- (A) contribute to regional or national eco- (g) RATING OPINION LETTER.— sonably anticipated eligible infrastructure nomic growth; (1) IN GENERAL.—The chief executive officer project costs or, if the direct loan or loan (B) offer value for money to taxpayers; shall require each applicant for assistance guarantee does not receive an investment (C) demonstrate a clear and significant under this Act to provide a rating opinion grade rating, the amount of the senior public benefit; letter from at least 1 ratings agency, indi- project obligations. (D) lead to job creation; and cating that the senior obligations of the in- (2) MAXIMUM ANNUAL LOAN AND LOAN GUAR- (E) mitigate environmental concerns; frastructure project, which may be the Fed- ANTEE VOLUME.—The aggregate amount of di- (2) the means by which development of the eral credit instrument, have the potential to rect loans and loan guarantees made by infrastructure project under consideration is achieve an investment-grade rating. AIFA in any single fiscal year may not ex- being financed, including— (2) RURAL INFRASTRUCTURE PROJECTS.— ceed— (A) the terms, conditions, and structure of With respect to a rural infrastructure (A) during the first 2 fiscal years of the op- the proposed financing; project, a rating agency opinion letter de- erations of AIFA, $10,000,000,000; (B) the credit worthiness and standing of scribed in paragraph (1) shall not be re- (B) during fiscal years 3 through 9 of the the project sponsors, providers of equity, and quired, except that the loan or loan guar- operations of AIFA, $20,000,000,000; or cofinanciers; antee shall receive an internal rating score, (C) during any fiscal year thereafter, (C) the financial assumptions and projec- using methods similar to the ratings agen- $50,000,000,000. tions on which the infrastructure project is cies generated by AIFA, measuring the pro- (f) STATE AND LOCAL PERMITS REQUIRED.— based; and posed direct loan or loan guarantee against The provision of assistance by the Board of (D) whether there is sufficient State or comparable direct loans or loan guarantees Directors pursuant to this Act shall not be municipal political support for the success- of similar credit quality in a similar sector. ful completion of the infrastructure project; deemed to relieve any recipient of such as- (h) INVESTMENT-GRADE RATING REQUIRE- (3) the likelihood that the provision of as- sistance, or the related infrastructure MENT.— sistance by AIFA will cause such develop- project, of any obligation to obtain required (1) LOANS AND LOAN GUARANTEES.—The exe- ment to proceed more promptly and with State and local permits and approvals. cution of a direct loan or loan guarantee lower costs than would be the case without SEC. 254. LOAN TERMS AND REPAYMENT. under this Act shall be contingent on the such assistance; (a) IN GENERAL.—A direct loan or loan senior obligations of the infrastructure (4) the extent to which the provision of as- guarantee under this Act with respect to an project receiving an investment-grade rat- sistance by AIFA maximizes the level of pri- eligible infrastructure project shall be on ing. vate investment in the infrastructure project such terms, subject to such conditions, and (2) RATING OF AIFA OVERALL PORTFOLIO.— or supports a public-private partnership, contain such covenants, representations, The average rating of the overall portfolio of while providing a significant public benefit; warranties, and requirements (including re- AIFA shall be not less than investment (5) the extent to which the provision of as- quirements for audits) as the chief executive grade after 5 years of operation. sistance by AIFA can mobilize the participa- officer determines appropriate. (i) TERMS AND REPAYMENT OF DIRECT tion of other financing partners in the infra- (b) TERMS.—A direct loan or loan guar- LOANS.— structure project; antee under this Act— (1) SCHEDULE.—The chief executive officer (6) the technical and operational viability (1) shall— shall establish a repayment schedule for of the infrastructure project; (A) be payable, in whole or in part, from each direct loan under this Act, based on the (7) the proportion of financial assistance tolls, user fees, or other dedicated revenue projected cash flow from infrastructure from AIFA; sources that also secure the senior project project revenues and other repayment (8) the geographic location of the project in obligations (such as availability payments sources. an effort to have geographic diversity of and dedicated State or local revenues); and (2) COMMENCEMENT.—Scheduled loan repay- projects funded by AIFA; (B) include a rate covenant, coverage re- ments of principal or interest on a direct (9) the size of the project and its impact on quirement, or similar security feature sup- loan under this Act shall commence not the resources of AIFA; porting the project obligations; and later than 5 years after the date of substan- (10) the infrastructure sector of the (2) may have a lien on revenues described tial completion of the infrastructure project, project, in an effort to have projects from in paragraph (1), subject to any lien securing as determined by the chief executive officer more than one sector funded by AIFA; and project obligations. of AIFA. (11) Encourages use of innovative procure- (c) BASE INTEREST RATE.—The base inter- (3) DEFERRED PAYMENTS OF DIRECT LOANS.— ment, asset management, or financing to est rate on a direct loan under this Act shall (A) AUTHORIZATION.—If, at any time after minimize the all-in-life-cycle cost, and im- be not less than the yield on United States the date of substantial completion of an in- prove the cost-effectiveness of a project. Treasury obligations of a similar maturity frastructure project assisted under this Act, (c) APPLICATION.— to the maturity of the direct loan. the infrastructure project is unable to gen- (1) IN GENERAL.—Any eligible entity seek- (d) RISK ASSESSMENT.—Before entering erate sufficient revenues to pay the sched- ing assistance from AIFA under this Act for into an agreement for assistance under this uled loan repayments of principal and inter- an eligible infrastructure project shall sub- Act, the chief executive officer, in consulta- est on the direct loan under this Act, the mit an application to AIFA at such time, in tion with the Director of the Office of Man- chief executive officer may allow the obligor such manner, and containing such informa- agement and Budget and considering rating to add unpaid principal and interest to the tion as the Board of Directors or the chief agency preliminary or final rating opinion outstanding balance of the direct loan, if the executive officer may require. letters of the project under this section, result would benefit the taxpayer. (2) REVIEW OF APPLICATIONS.—AIFA shall shall estimate an appropriate Federal credit (B) INTEREST.—Any payment deferred review applications for assistance under this subsidy amount for each direct loan and loan under subparagraph (A) shall— Act on an ongoing basis. The chief executive guarantee, taking into account such letter, (i) continue to accrue interest, in accord- officer, working with the senior manage- as well as any comparable market rates ance with the terms of the obligation, until ment, shall prepare eligible infrastructure available for such a loan or loan guarantee, fully repaid; and

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(1) BOARD OF DIRECTORS.—Not later than 90 paid under this section shall not be a loan or (ii) REPAYMENT STANDARDS.—The criteria days after the last day of each fiscal year, debt obligation guaranteed by the Federal established under clause (i) shall include the Board of Directors shall submit to the Government. standards for reasonable assurance of repay- President and Congress a complete and de- SEC. 258. EFFICIENCY OF AIFA. tailed report with respect to the preceding ment. The chief executive officer shall, to the ex- fiscal year, setting forth— (4) PREPAYMENT OF DIRECT LOANS.— tent possible, take actions consistent with (A) a summary of the operations of AIFA, (A) USE OF EXCESS REVENUES.—Any excess this Act to minimize the risk and cost to the for such fiscal year; revenues that remain after satisfying sched- taxpayer of AIFA activities. Fees and pre- (B) a schedule of the obligations of AIFA uled debt service requirements on the infra- miums for loan guarantee or insurance cov- and capital securities outstanding at the end structure project obligations and direct loan erage will be set at levels that minimize ad- of such fiscal year, with a statement of the and all deposit requirements under the terms ministrative and Federal credit subsidy costs amounts issued and redeemed or paid during of any trust agreement, bond resolution, or to the Government, as defined in Section 502 similar agreement securing project obliga- such fiscal year; (C) the status of infrastructure projects re- of the Federal Credit Reform Act of 1990, as tions under this Act may be applied annually amended, of such coverage, while supporting to prepay the direct loan, without penalty. ceiving funding or other assistance pursuant to this Act during such fiscal year, including achievement of the program’s objectives, (B) USE OF PROCEEDS OF REFINANCING.—A consistent with policies as set forth in the direct loan under this Act may be prepaid at all nonperforming loans, and including dis- closure of all entities with a development, Business Plan. any time, without penalty, from the pro- SEC. 259. FUNDING. ceeds of refinancing from non-Federal fund- ownership, or operational interest in such in- frastructure projects; There is hereby appropriated to AIFA to ing sources. (D) a description of the successes and chal- carry out this Act, for the cost of direct (5) SALE OF DIRECT LOANS.— lenges encountered in lending to rural com- loans and loan guarantees subject to the lim- (A) IN GENERAL.—As soon as is practicable munities, including the role of the Center for itations under Section 253, and for adminis- after substantial completion of an infra- Excellence and the Office of Rural Assist- trative costs, $10,000,000,000, to remain avail- structure project assisted under this Act, ance established under this Act; and able until expended; Provided, That such and after notifying the obligor, the chief ex- (E) an assessment of the risks of the port- costs, including the costs of modifying such ecutive officer may sell to another entity, or folio of AIFA, prepared by an independent loans, shall be as defined in section 502 of the reoffer into the capital markets, a direct source. Federal Credit Reform Act of 1990, as amend- loan for the infrastructure project, if the (2) GAO.—Not later than 5 years after the ed; Provided further, that of this amount, chief executive officer determines that the date of enactment of this Act, the Comp- not more than $25,000,000 for each of fiscal sale or reoffering can be made on favorable troller General of the United States shall years 2012 through 2013, and not more than terms for the taxpayer. conduct an evaluation of, and shall submit $50,000,000 for fiscal year 2014 may be used for (B) CONSENT OF OBLIGOR.—In making a sale to Congress a report on, activities of AIFA administrative costs of AIFA; provided fur- or reoffering under subparagraph (A), the for the fiscal years covered by the report ther, that not more than 5 percent of such chief executive officer may not change the that includes an assessment of the impact amount shall be used to offset subsidy costs original terms and conditions of the direct and benefits of each funded infrastructure associated with rural projects. Amounts au- loan, without the written consent of the ob- project, including a review of how effectively thorized shall be available without further ligor. each such infrastructure project accom- action. (j) LOAN GUARANTEES.— plished the goals prioritized by the infra- (1) TERMS.—The terms of a loan guaranteed PART IV—EXTENSION OF EXEMPTION structure project criteria of AIFA. FROM ALTERNATIVE MINIMUM TAX by AIFA under this Act shall be consistent (c) BOOKS AND RECORDS.— TREATMENT FOR CERTAIN TAX-EXEMPT with the terms set forth in this section for a (1) IN GENERAL.—AIFA shall maintain ade- BONDS direct loan, except that the rate on the guar- quate books and records to support the fi- anteed loan and any payment, pre-payment, nancial transactions of AIFA, with a descrip- SEC. 260. EXTENSION OF EXEMPTION FROM AL- or refinancing features shall be negotiated tion of financial transactions and infrastruc- TERNATIVE MINIMUM TAX TREAT- between the obligor and the lender, with the ture projects receiving funding, and the MENT FOR CERTAIN TAX-EXEMPT BONDS. consent of the chief executive officer. amount of funding for each such project (a) IN GENERAL.—Clause (vi) of section (2) GUARANTEED LENDER.—A guaranteed maintained on a publically accessible data- 57(a)(5)(C) of the Internal Revenue Code of lender shall be limited to those lenders base. 1986 is amended— meeting the definition of that term in sec- (2) AUDITS BY THE SECRETARY AND GAO.— tion 601(a) of title 23, United States Code. The books and records of AIFA shall at all (1) by striking ‘‘January 1, 2011’’ in sub- (k) COMPLIANCE WITH FCRA—IN GEN- times be open to inspection by the Secretary clause (I) and inserting ‘‘January 1, 2013’’; ERAL.—Direct loans and loan guarantees au- of the Treasury, the Special Inspector Gen- and thorized by this Act shall be subject to the eral, and the Comptroller General of the (2) by striking ‘‘AND 2010’’ in the heading provisions of the Federal Credit Reform Act United States. and inserting ‘‘, 2010, 2011, AND 2012’’. of 1990 (2 U.S.C. 661 et seq.), as amended. (b) ADJUSTED CURRENT EARNINGS.—Clause PART III—FUNDING OF AIFA (iv) of section 56(g)(4)(B) of the Internal Rev- SEC. 255. COMPLIANCE AND ENFORCEMENT. SEC. 257. ADMINISTRATIVE FEES. enue Code of 1986 is amended— (a) CREDIT AGREEMENT.—Notwithstanding (a) IN GENERAL.—In addition to fees that (1) by striking ‘‘January 1, 2011’’ in sub- any other provision of law, each eligible en- may be collected under section 254(e), the clause (I) and inserting ‘‘January 1, 2013’’; tity that receives assistance under this Act chief executive officer shall establish and and from AIFA shall enter into a credit agree- collect fees from eligible funding recipients (2) by striking ‘‘AND 2010’’ in the heading ment that requires such entity to comply with respect to loans and loan guarantees and inserting ‘‘, 2010, 2011, AND 2012’’. with all applicable policies and procedures of under this Act that— (c) EFFECTIVE DATE.—The amendments AIFA, in addition to all other provisions of (1) are sufficient to cover all or a portion of made by this section shall apply to obliga- the loan agreement. the administrative costs to the Federal Gov- tions issued after December 31, 2010. (b) AIFA AUTHORITY ON NONCOMPLIANCE.— ernment for the operations of AIFA, includ- In any case in which a recipient of assistance ing the costs of expert firms, including coun- Subtitle G—Project Rebuild under this Act is materially out of compli- sel in the field of municipal and project fi- SEC. 261. PROJECT REBUILD. ance with the loan agreement, or any appli- nance, and financial advisors to assist with (a) DIRECT APPROPRIATIONS.—There is ap- cable policy or procedure of AIFA, the Board underwriting, credit analysis, or other inde- propriated, out of any money in the Treas- of Directors may take action to cancel un- pendent reviews, as appropriate; ury not otherwise appropriated, utilized loan amounts, or to accelerate the (2) may be in the form of an application or $15,000,000,000, to remain available until Sep- repayment terms of any outstanding obliga- transaction fee, or other form established by tember 30, 2014, for assistance to eligible en- tion. the CEO; and tities including States and units of general (c) Nothing in this Act is intended to affect (3) may be based on the risk premium asso- local government (as such terms are defined existing provisions of law applicable to the ciated with the loan or loan guarantee, tak- in section 102 of the Housing and Community planning, development, construction, or op- ing into consideration— Development Act of 1974 (42 U.S.C. 5302)), and eration of projects funded under the Act. (A) the price of United States Treasury ob- qualified nonprofit organizations, businesses SEC. 256. AUDITS; REPORTS TO THE PRESIDENT ligations of a similar maturity; or consortia of eligible entities for the rede- AND CONGRESS. (B) prevailing market conditions; velopment of abandoned and foreclosed-upon (a) ACCOUNTING.—The books of account of (C) the ability of the infrastructure project properties and for the stabilization of af- AIFA shall be maintained in accordance with to support the loan or loan guarantee; and fected neighborhoods.

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(b) ALLOCATION OF APPROPRIATED stabilize residential and commercial prop- (1) IN GENERAL.—Except as otherwise pro- AMOUNTS.— erty values. vided by this section, amounts appropriated, (1) IN GENERAL.—Of the amounts appro- (B) TARGETING.—Any State or unit of gen- revenues generated, or amounts otherwise priated, two thirds shall be allocated to eral local government that receives formula made available to eligible entities under this States and units of general local government amounts pursuant to this section shall, in section shall be treated as though such funds based on a funding formula established by distributing and targeting such amounts were community development block grant the Secretary of Housing and Urban Develop- give priority emphasis and consideration to funds under title I of the Housing and Com- ment (in this subtitle referred to as the those metropolitan areas, metropolitan cit- munity Development Act of 1974 (42 U.S.C. ‘‘Secretary’’). Of the amounts appropriated, ies, urban areas, rural areas, low- and mod- 5301 et seq.). one third shall be distributed competitively erate-income areas, and other areas with the (2) NO MATCH.—No matching funds shall be to eligible entities. greatest need, including those— required in order for an eligible entity to re- (2) FORMULA TO BE DEVISED SWIFTLY.—The (i) with the greatest percentage of home ceive any amounts under this section. funding formula required under paragraph (1) foreclosures; (3) TENANT PROTECTIONS.—An eligible enti- shall be established and the Secretary shall (ii) identified as likely to face a significant ty receiving a grant under this section shall announce formula funding allocations, not rise in the rate of residential or commercial comply with the 14th, 17th, 18th, 19th, 20th, later than 30 days after the date of enact- foreclosures; and 21st, 22nd and 23rd provisos of the American ment of this section. (iii) with higher than national average un- Recovery and Reinvestment Act of 2009 (Pub. (3) FORMULA CRITERIA.—The Secretary may employment rate. L. 111–5, 123 Stat. 218–19), as amended by sec- establish a minimum grant size, and the (C) LEVERAGE.—Each grantee or eligible tion 1497(b)(2) of the Dodd-Frank Wall Street funding formula required under paragraph (1) entity shall describe how its proposed use of Reform and Consumer Protection Act (Pub. shall ensure that any amounts appropriated funds will leverage private funds. L. 111–203, 124 Stat. 2211). or otherwise made available under this sec- (3) ELIGIBLE USES.—Amounts made avail- (4) VICINITY HIRING.—An eligible entity re- tion are allocated to States and units of gen- able under this section may be used to— ceiving a grant under this section shall com- eral local government with the greatest (A) establish financing mechanisms for the ply with section 1497(a)(8) of the Dodd-Frank need, as such need is determined in the dis- purchase and redevelopment of abandoned Wall Street Reform and Consumer Protec- cretion of the Secretary based on— and foreclosed-upon properties, including tion Act (Pub. L. 111–203, 129 Stat. 2210). (A) the number and percentage of home such mechanisms as soft-seconds, loan loss (5) BUY AMERICAN.—Section 1605 of Title foreclosures in each State or unit of general reserves, and shared-equity loans for low- XVI—General Provisions of the American local government; and moderate-income homebuyers; Recovery and Reinvestment Act of 2009— (B) the number and percentage of homes in (B) purchase and rehabilitate properties shall apply to amounts appropriated, reve- default or delinquency in each State or unit that have been abandoned or foreclosed nues generated, and amounts otherwise made of general local government; and upon, in order to sell, rent, or redevelop such available to eligible entities under this sec- (C) other factors such as established pro- properties; tion. gram designs, grantee capacity and perform- (C) establish and operate land banks for (f) AUTHORITY TO SPECIFY ALTERNATIVE ance, number and percentage of commercial properties that have been abandoned or fore- REQUIREMENTS.— closed upon; foreclosures, overall economic conditions, (1) IN GENERAL.—In administering the pro- (D) demolish blighted structures; and other market needs data, as determined gram under this section, the Secretary may (E) redevelop abandoned, foreclosed, de- by the Secretary. specify alternative requirements to any pro- molished, or vacant properties; and vision under title I of the Housing and Com- (4) COMPETITION CRITERIA.— (F) engage in other activities, as deter- (A) For the funds distributed competi- munity Development Act of 1974 or under mined by the Secretary through notice, that tively, eligible entities shall be States, units title I of the Cranston-Gonzalez National Af- are consistent with the goals of creating of general local government, nonprofit enti- fordable Housing Act of 1990 (except for those jobs, stabilizing neighborhoods, reversing va- ties, for-profit entities, and consortia of eli- provisions in these laws related to fair hous- cancy reduction, and increasing or stabi- gible entities that demonstrate capacity to ing, nondiscrimination, labor standards, and lizing residential and commercial property use funding within the period of this pro- the environment) for the purpose of expe- values. gram. diting and facilitating the use of funds under (d) LIMITATIONS.— this section. (B) In selecting grantees, the Secretary (1) ON PURCHASES.—Any purchase of a prop- shall ensure that grantees are in areas with (2) NOTICE.—The Secretary shall provide erty under this section shall be at a price not written notice of intent to the public via the greatest number and percentage of resi- to exceed its current market value, taking dential and commercial foreclosures and internet to exercise the authority to specify into account its current condition. alternative requirements under paragraph. other market needs data, as determined by (2) REHABILITATION.—Any rehabilitation of the Secretary. Additional award criteria (3) LOW AND MODERATE INCOME REQUIRE- an eligible property under this section shall MENT.— shall include demonstrated grantee capacity be to the extent necessary to comply with to execute projects involving acquisition and (A) IN GENERAL.—Notwithstanding the au- applicable laws, and other requirements re- thority of the Secretary under paragraph rehabilitation or redevelopment of foreclosed lating to safety, quality, marketability, and residential and commercial property and (1)— habitability, in order to sell, rent, or rede- (i) all of the formula and competitive neighborhood stabilization, leverage, knowl- velop such properties or provide a renewable edge of market conditions and of effective grantee funds appropriated or otherwise energy source or sources for such properties. made available under this section shall be stabilization activities to address identified (3) SALE OF HOMES.—If an abandoned or conditions, and any additional factors deter- used with respect to individuals and families foreclosed-upon home is purchased, redevel- whose income does not exceed 120 percent of mined by the Secretary. oped, or otherwise sold to an individual as a (C) The Secretary may establish a min- area median income; and primary residence, then such sale shall be in (ii) not less than 25 percent of the formula imum grant size; and an amount equal to or less than the cost to (D) The Secretary shall publish competi- and competitive grantee funds appropriated acquire and redevelop or rehabilitate such or otherwise made available under this sec- tion criteria for any grants awarded under home or property up to a decent, safe, mar- this heading not later than 60 days after ap- tion shall be used for the purchase and rede- ketable, and habitable condition. velopment of eligible properties that will be propriation of funds, and applications shall (4) ON DEMOLITION OF PUBLIC HOUSING.— be due to the Secretary within 120 days. used to house individuals or families whose Public housing, as defined at section 3(b)(6) incomes do not exceed 50 percent of area me- (c) USE OF FUNDS.— of the United States Housing Act of 1937, dian income. (1) OBLIGATION AND EXPENDITURE.—The may not be demolished with funds under this (B) RECURRENT REQUIREMENT.—The Sec- Secretary shall obligate all funding within section. retary shall, by rule or order, ensure, to the 150 days of enactment of this Act. Any eligi- (5) ON DEMOLITION ACTIVITIES.—No more maximum extent practicable and for the ble entity that receives amounts pursuant to than 10 percent of any grant made under this longest feasible term, that the sale, rental, this section shall expend all funds allocated section may be used for demolition activities or redevelopment of abandoned and fore- to it within three years of the date the funds unless the Secretary determines that such closed-upon homes and residential properties become available to the grantee for obliga- use represents an appropriate response to under this section remain affordable to indi- tion. Furthermore, the Secretary shall by local market conditions. viduals or families described in subparagraph Notice establish intermediate expenditure (6) ON USE OF FUNDS FOR NON-RESIDENTIAL (A). benchmarks at the one and two year dates PROPERTY.—No more than 30 percent of any (g) NATIONWIDE DISTRIBUTION OF RE- from the date the funds become available to grant made under this section may be used SOURCES.—Notwithstanding any other provi- the grantee for obligation. for eligible activities under subparagraphs sion of this section or the amendments made (2) PRIORITIES.— (A), (B), and (E) of subsection (c)(3) that will by this section, each State shall receive not (A) JOB CREATION.—Each grantee or eligi- not result in residential use of the property less than $20,000,000 of formula funds. ble entity shall describe how its proposed use involved unless the Secretary determines (h) LIMITATION ON USE OF FUNDS WITH RE- of funds will prioritize job creation, and sec- that such use represents an appropriate re- SPECT TO EMINENT DOMAIN.—No State or unit ondly, will address goals to stabilize neigh- sponse to local market conditions. of general local government may use any borhoods, reverse vacancy, or increase or (e) RULES OF CONSTRUCTION.— amounts received pursuant to this section to

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.055 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5555 fund any project that seeks to use the power The Secretary may take an alternative sanc- PART I—AUCTIONS OF SPECTRUM AND of eminent domain, unless eminent domain tions action only upon determining that SPECTRUM MANAGEMENT is employed only for a public use, which such action is necessary to achieve program SEC. 272. CLARIFICATION OF AUTHORITIES TO shall not be construed to include economic goals in a timely manner. REPURPOSE FEDERAL SPECTRUM development that primarily benefits private (n) The Secretary of Housing and Urban FOR COMMERCIAL PURPOSES. entities. Development shall to the extent feasible (a) Paragraph (1) of subsection 113(g) of the (i) LIMITATION ON DISTRIBUTION OF FUNDS.— conform policies and procedures for grants National Telecommunications and Informa- (1) IN GENERAL.—None of the funds made made under this section to the policies and tion Administration Organization Act (47 available under this title or title IV shall be practices already in place for the grants U.S.C. 923(g)(1)) is amended by striking para- distributed to— made under Section 2301 of the Housing and graph (1) and inserting the following: (A) an organization which has been in- Economic Recovery Act of 2008; Division A, ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed- dicted for a violation under Federal law re- Title XII of the American Recovery and Re- eral entity that operates a Federal Govern- lating to an election for Federal office; or investment Act of 2009; or Section 1497 of the ment station authorized to use a band of fre- (B) an organization which employs applica- Dodd-Frank Wall Street Reform and Con- quencies specified in paragraph (2) and that incurs relocation costs because of planning ble individuals. sumer Protection Act. (2) APPLICABLE INDIVIDUALS DEFINED.—In for a potential auction of spectrum fre- this section, the term ‘‘applicable indi- Subtitle H—National Wireless Initiative quencies, a planned auction of spectrum fre- vidual’’ means an individual who— SEC. 271. DEFINITIONS. quencies or the reallocation of spectrum fre- quencies from Federal use to exclusive non- (A) is— In this subtitle, the following definitions Federal use, or shared Federal and non-Fed- (i) employed by the organization in a per- shall apply: manent or temporary capacity; eral use may receive payment for such costs (1) 700 MHZ BAND.—The term ‘‘700 MHz from the Spectrum Relocation Fund, in ac- (ii) contracted or retained by the organiza- band’’ means the portion of the electro- cordance with section 118 of this Act. For tion; or magnetic spectrum between the frequencies purposes of this paragraph, Federal power (iii) acting on behalf of, or with the express from 698 megahertz to 806 megahertz. or apparent authority of, the organization; agencies exempted under subsection (c)(4) (2) 700 MHZ D BLOCK SPECTRUM.—The term that choose to relocate from the frequencies and ‘‘700 MHz D block spectrum’’ means the por- identified for reallocation pursuant to sub- (B) has been indicted for a violation under tion of the electromagnetic spectrum fre- section (a), are eligible to receive payment Federal law relating to an election for Fed- quencies from 758 megahertz to 763 mega- under this paragraph.’’. eral office. hertz and from 788 megahertz to 793 mega- (j) RENTAL HOUSING PREFERENCES.—Each (b) ELIGIBLE FREQUENCIES.—Section hertz. State and local government receiving for- 113(g)(2)(B) of the National Telecommuni- (3) APPROPRIATE COMMITTEES OF CON- mula amounts shall establish procedures to cations and Information Administration Or- GRESS.—Except as otherwise specifically pro- create preferences for the development of af- ganization Act (47 U.S.C. 923(g)(2)) is amend- vided, the term ‘‘appropriate committees of fordable rental housing. ed by deleting and replacing subsection (B) (k) JOB CREATION.—If a grantee chooses to Congress’’ means— with the following: use funds to create jobs by establishing and (A) the Committee on Commerce, Science, ‘‘(B) any other band of frequencies reallo- operating a program to maintain eligible and Transportation of the Senate; and cated from Federal use to non-Federal or neighborhood properties, not more than 10 (B) the Committee on Energy and Com- shared use after January 1, 2003, that is as- percent of any grant may be used for that merce of the House of Representatives. signed by competitive bidding pursuant to purpose. (4) ASSISTANT SECRETARY.—The term ‘‘As- section 309(j) of the Communications Act of (l) PROGRAM SUPPORT AND CAPACITY BUILD- sistant Secretary’’ means the Assistant Sec- 1934 (47 U.S.C 309(j)) or is assigned as a result ING.—The Secretary may use up to 0.75 per- retary of Commerce for Communications and of later legislation or other administrative cent of the funds appropriated for capacity Information. direction.’’. building of and support for eligible entities (5) COMMISSION.—The term ‘‘Commission’’ (c) Paragraph (3) of subsection 113(g) of the and grantees undertaking neighborhood sta- means the Federal Communications Com- National Telecommunications and Informa- bilization programs, staffing, training, tech- mission. tion Administration Organization Act (47 nical assistance, technology, monitoring, (6) CORPORATION.—The term ‘‘Corporation’’ U.S.C. 923(g)(3)) is amended by striking it in travel, enforcement, research and evaluation means the Public Safety Broadband Corpora- its entirety and replacing it with the fol- activities. tion established in section 284. lowing: (1) Funds set aside for the purposes of this (7) EXISTING PUBLIC SAFETY BROADBAND ‘‘(3) DEFINITION OF RELOCATION AND SHARING subparagraph shall remain available until SPECTRUM.—The term ‘‘existing public safety COSTS.—For purposes of this subsection, the September 30, 2016; broadband spectrum’’ means the portion of terms ‘relocation costs’ and ‘sharing costs’ (2) Any funds made available under this the electromagnetic spectrum between the mean the costs incurred by a Federal entity subparagraph and used by the Secretary for frequencies— to plan for a potential or planned auction or personnel expenses related to administering (A) from 763 megahertz to 768 megahertz; sharing of spectrum frequencies and to funding under this subparagraph shall be (B) from 793 megahertz to 798 megahertz; achieve comparable capability of systems, transferred to ‘‘Personnel Compensation and (C) from 768 megahertz to 769 megahertz; regardless of whether that capability is Benefits, Community Planning and Develop- and achieved by relocating to a new frequency ment’’; (D) from 798 megahertz to 799 megahertz. assignment, relocating a Federal Govern- (3) Any funds made available under this (8) FEDERAL ENTITY.—The term ‘‘Federal ment station to a different geographic loca- subparagraph and used by the Secretary for entity’’ has the same meaning as in section tion, modifying Federal government equip- training or other administrative expenses 113(i) of the National Telecommunications ment to mitigate interference or use less shall be transferred to ‘‘Administration, Op- and Information Administration Organiza- spectrum, in terms of bandwidth, geography erations, and Management, Community tion Act (47 U.S.C. 923(i)). or time, and thereby permitting spectrum Planning and Development’’ for non-per- (9) NARROWBAND SPECTRUM.—The term sharing (including sharing among relocated sonnel expenses; and ‘‘narrowband spectrum’’ means the portion Federal entities and incumbents to make (4) Any funds made available under this of the electromagnetic spectrum between the spectrum available for non-Federal use) or subparagraph and used by the Secretary for frequencies from 769 megahertz to 775 mega- relocation, or by utilizing an alternative technology shall be transferred to ‘‘Working hertz and between the frequencies from 799 technology. Comparable capability of sys- Capital Fund’’. megahertz to 805 megahertz. tems includes the acquisition of state-of-the (m) ENFORCEMENT AND PREVENTION OF (10) NIST.—The term ‘‘NIST’’ means the art replacement systems intended to meet FRAUD AND ABUSE.—The Secretary shall es- National Institute of Standards and Tech- comparable operational scope, which may in- tablish and implement procedures to prevent nology. clude incidental increases in functionality. fraud and abuse of funds under this section, (11) NTIA.—The term ‘‘NTIA’’ means the Such costs include— and shall impose a requirement that grant- National Telecommunications and Informa- ‘‘(A) the costs of any modification or re- ees have an internal auditor to continuously tion Administration. placement of equipment, spares, associated monitor grantee performance to prevent (12) PUBLIC SAFETY ENTITY.—The term ancillary equipment, software, facilities, op- fraud, waste, and abuse. Grantees shall pro- ‘‘public safety entity’’ means an entity that erating manuals, training costs, or regula- vide the Secretary and citizens with quar- provides public safety services. tions that are attributable to relocation or terly progress reports. The Secretary shall (13) PUBLIC SAFETY SERVICES.—The term sharing; recapture funds from formula and competi- ‘‘public safety services’’— ‘‘(B) the costs of all engineering, equip- tive grantees that do not expend 100 percent (A) has the meaning given the term in sec- ment, software, site acquisition and con- of allocated funds within 3 years of the date tion 337(f) of the Communications Act of 1934 struction costs, as well as any legitimate that funds become available, and from (47 U.S.C. 337(f)); and and prudent transaction expense, including underperforming or mismanaged grantees, (B) includes services provided by emer- term-limited Federal civil servant and con- and shall re-allocate those funds by formula gency response providers, as that term is de- tractor staff necessary, which may be re- to target areas with the greatest need, as de- fined in section 2 of the Homeland Security newed, to carry out the relocation activities termined by the Secretary through notice. Act of 2002 (6 U.S.C. 101). of an eligible Federal entity, and reasonable

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.056 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5556 CONGRESSIONAL RECORD — SENATE September 13, 2011 additional costs incurred by the Federal en- to pay Federal costs associated with such the activities specified in subparagraphs (A) tity that are attributable to relocation or sharing, as defined in section (g)(3) of this through (F) of paragraph (3) of subsection sharing, including increased recurring costs title. The Director of the Office of Manage- 923(g) of this title; and above recurring costs of the system before ment and Budget (OMB) may transfer at any ‘‘(B) other communications, radar and relocation for the remaining estimated life time (including prior to any auction or con- spectrum-using investments not directly af- of the system being relocated; templated auction, or sharing initiative) fected by such reallocation or sharing but es- ‘‘(C) the costs of research, engineering such sums as may be available in the Fund sential for the missions of the Federal entity studies, economic analyses, or other ex- to an eligible federal entity to pay eligible that is relocating its systems or sharing fre- penses reasonably incurred in connection relocation or sharing costs related to pre- quencies; with (i) calculating the estimated relocation auction estimates or research as defined in ‘‘(3) The increase to the Fund due to any costs that are provided to the Commission subparagraph (C) of section 923(g)(3) of this one auction after any payment is not less pursuant to paragraph (4) of this subsection, title. However, the Director may not trans- than 10 percent of the winning bids in the or in calculating the estimated sharing fer more than $100,000,000 associated with au- relevant auction, or is not less than 10 per- costs; (ii) determining the technical or oper- thorized pre-auction activities before an auc- cent of the payments from non-Federal enti- ational feasibility of relocation to one or tion is completed and proceeds are deposited ties in the relevant sharing agreement; more potential relocation bands; or (iii) in the Spectrum Relocation Fund. Within ‘‘(4) Payments to eligible entities must be planning for or managing a relocation or the $100,000,000 that may be transferred be- based on the proceeds generated in the auc- sharing project (including spectrum coordi- fore an auction, the Director of OMB may tion that an eligible entity participates in; nation with auction winners) or potential re- transfer up to $10,000,000 in total to eligible and location or sharing project; federal entities for eligible relocation or ‘‘(5) Such payments will not be made until ‘‘(D) the one-time costs of any modifica- sharing costs related to pre-auction esti- 30 days after the Director of OMB has noti- tion of equipment reasonably necessary to mates or research as defined in subparagraph fied the Committees on Appropriations and accommodate commercial use of shared fre- (C) of section 923(g)(3) of this title for costs Commerce, Science, and Transportation of quencies or, in the case of frequencies reallo- incurred prior to the enactment of this legis- the Senate, and the Committees on Appro- cated to exclusive commercial use, prior to lation, but after June 28th, 2010. These priations and Energy and Commerce of the the termination of the Federal entity’s pri- amounts transferred pursuant to the pre- House of Representatives.’’. mary allocation or protected status, when vious proviso are in addition to amounts (f) Subparagraph D of section 309 (j)(8) of the eligible frequencies as defined in para- that the Director of OMB may transfer after the Communications Act of 1934 (47 U.S.C. graph (2) of this subsection are made avail- the enactment of this legislation.’’; 309(j)(8)(D)) is amended by adding ‘‘, after the able for private sector uses by competitive (3) amending subsection (d)(1) to add, ‘‘and retention of revenue described in subpara- bidding and a Federal entity retains primary sharing’’ before ‘‘costs’’; graph (B),’’ before ‘‘attributable’’ and ‘‘and allocation or protected status in those fre- (4) amending subsection (d)(2)(B) to add, frequencies identified by the Federal Com- quencies for a period of time after the com- ‘‘and sharing’’ before ‘‘costs’’, and adding at munications Commission to be auctioned in pletion of the competitive bidding process; the end, ‘‘and sharing’’; conjunction with eligible frequencies de- ‘‘(E) the costs associated with the acceler- (5) replacing subsection (d)(3) with the fol- scribed in 47 U.S.C. 923(g)(2)’’ before the first ated replacement of systems and equipment lowing: ‘‘shall’’ in the subparagraph. ‘‘Any amounts in the Fund that are re- if such acceleration is necessary to ensure (g) If the head of an executive agency of maining after the payment of the relocation the timely relocation of systems to a new the Federal Government determines that and sharing costs that are payable from the frequency assignment or the timely accom- public disclosure of any information con- Fund shall revert to and be deposited in the modation of sharing of Federal frequencies; tained in notifications and reports required general fund of the Treasury not later than and by sections 923 or 928 of Title 47 of the United 15 years after the date of the deposit of such ‘‘(F) the costs of the use of commercial States Code would reveal classified national proceeds to the Fund, unless the Director of systems and services (including systems not security information or other information OMB, in consultation with the Assistant utilizing spectrum) to replace Federal sys- for which there is a legal basis for nondisclo- tems discontinued or relocated pursuant to Secretary for Communications and Informa- tion, notifies the Committees on Appropria- sure and such public disclosure would be det- this Act, including lease, subscription, and rimental to national security, homeland se- equipment costs over an appropriate period, tions and Energy and Commerce of the House of Representative and the Committees curity, public safety, or jeopardize law en- such as the anticipated life of an equivalent forcement investigations the head of the ex- Federal system or other period determined on Appropriations and Commerce, Science, and Transportation of the Senate at least 60 ecutive agency shall notify the NTIA of that by the Director of the Office of Management determination prior to release of such infor- and Budget.’’. days in advance of the reversion of the funds to the general fund of the Treasury that such mation. In that event, such information (d) A new subsection (7) is added to Section shall be included in a separate annex, as 113(g) as follows: funds are needed to complete or to imple- ment current or future relocations or shar- needed and to the extent the agency head de- ‘‘(7) SPECTRUM SHARING.—Federal entities termines is consistent with national security are permitted to allow access to their fre- ing initiatives.’’; (6) amending subsection (e)(2) by adding or law enforcement purposes. These annexes quency assignments by non-Federal entities shall be provided to the appropriate sub- upon approval of the terms of such access by ‘‘and sharing’’ before ‘‘costs’’; by adding ‘‘or sharing’’ before ‘‘is complete’’; and by adding committee in accordance with applicable NTIA, in consultation with the Office of stipulations, but shall not be disclosed to the Management and Budget. Such non-Federal ‘‘or sharing’’ before ‘‘in accordance’’; and (7) adding a new subsection at the end public or provided to any unauthorized per- entities must comply with all applicable son through any other means. rules of the Commission and NTIA, including thereof: SEC. 273. INCENTIVE AUCTION AUTHORITY. any regulations promulgated pursuant to ‘‘(f) Notwithstanding subsections (c) this section. Remuneration associated with through (e) of this section and after the (a) Paragraph (8) of section 309(j) of the such access shall be deposited into the Spec- amount specified in subsection (b), up to Communications Act of 1934 (47 U.S.C. 309(j)) trum Relocation Fund. Federal entities that twenty percent of the amounts deposited in is amended— incur costs as a result of such access are eli- the Spectrum Relocation Fund from the auc- (1) in subparagraph (A), by deleting ‘‘and gible for payment from the Fund for the pur- tion of licenses following the date of enact- (E)’’ and inserting ‘‘(E) and (F)’’ after ‘‘sub- poses specified in subsection (3) of this sec- ment of this section for frequencies vacated paragraphs (B), (D),’’; and tion. The revenue associated with such ac- by Federal entities, or up to twenty percent (2) by adding at the end the following new cess must be at least 110 percent of the esti- of the amounts paid by non-Federal entities subparagraphs: mated Federal costs.’’. for sharing of Federal spectrum, after the ‘‘(F) Notwithstanding any other provision (e) Section 118 of such Act (47 U.S.C. 928) is date of enactment are hereby appropriated of law, if the Commission determines that it amended by: and available at the discretion of the Direc- is consistent with the public interest in uti- (1) In subsection (b), adding at the end, tor of the Office of Management and Budget, lization of the spectrum for a licensee to vol- ‘‘and any payments made by non-Federal en- in consultation with the Assistant Secretary untarily relinquish some or all of its licensed tities for access to Federal spectrum pursu- for Communications and Information, for spectrum usage rights in order to permit the ant to 47 U.S.C. 113(g)(7)’’; payment to the eligible Federal entities, in assignment of new initial licenses through a (2) replacing subsection (c) with the fol- addition to the relocation and sharing costs competitive bidding process subject to new lowing: defined in paragraph (3) of subsection 923(g), service rules, or the designation of spectrum ‘‘The amounts in the Fund from auctions for the purpose of encouraging timely access for unlicensed use, the Commission may pay of eligible frequencies are authorized to be to those frequencies, provided that: to such licensee a portion of any auction pro- used to pay relocation costs, as defined in ‘‘(1) Such payments may be based on the ceeds that the Commission determines, in its section (g)(3) of this title, of an eligible Fed- market value of the spectrum, timeliness of discretion, are attributable to the spectrum eral entity incurring such costs with respect clearing, and needs for agencies’ essential usage rights voluntarily relinquished by to relocation from any eligible frequency. In missions; such licensee. If the Commission also deter- addition, the amounts in the Fund from pay- ‘‘(2) Such payments are authorized for: mines that it is in the public interest to ments by non-Federal entities for access to ‘‘(A) the purposes of achieving enhanced modify the spectrum usage rights of any in- Federal spectrum are authorized to be used capabilities of systems that are affected by cumbent licensee in order to facilitate the

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.058 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5557 assignment of such new initial licenses sub- used by the NTIA, in consultation with the combination as deemed appropriate by the ject to new service rules, or the designation Commission, to cover— Commission, the auctions of the following li- of spectrum for unlicensed use, the Commis- ‘‘(I) the reasonable costs of television censes covering at least the frequencies de- sion may pay to such licensee a portion of broadcast stations that are relocated to a scribed in this section, by commencing the the auction proceeds for the purpose of relo- different spectrum channel or geographic lo- bidding for: cating to any alternative frequency or loca- cation following an incentive auction under (1) The spectrum between the frequencies tion that the Commission may designate; subparagraph (F), or that are impacted by of 1915 megahertz and 1920 megahertz, inclu- Provided, however, that with respect to fre- such relocations, including to cover the cost sive. quency bands between 54 megahertz and 72 of new equipment, installation, and con- (2) The spectrum between the frequencies megahertz, 76 megahertz and 88 megahertz, struction; and of 1995 megahertz and 2000 megahertz, inclu- 174 megahertz and 216 megahertz, and 470 ‘‘(II) the costs incurred by multichannel sive. megahertz and 698 megahertz (‘the specified video programming distributors for new (3) The spectrum between the frequencies bands’), any spectrum made available for al- equipment, installation, and construction re- of 2020 megahertz and 2025 megahertz, inclu- ternative use utilizing payments authorized lated to the carriage of such relocated sta- sive. under this subsection shall be assigned via tions or the carriage of stations that volun- (4) The spectrum between the frequencies the competitive bidding process until the tarily elect to share a channel, but retain of 2155 megahertz and 2175 megahertz, inclu- winning bidders for licenses covering at least their existing rights to carriage pursuant to sive. 84 megahertz from the specified bands de- sections 338, 614, and 615.’’. (5) The spectrum between the frequencies of 2175 megahertz and 2180 megahertz, inclu- posit the full amount of their bids in accord- SEC. 274. REQUIREMENTS WHEN REPURPOSING ance with the Commission’s instructions. In CERTAIN MOBILE SATELLITE SERV- sive. addition, if more than 84 megahertz of spec- ICES SPECTRUM FOR TERRESTRIAL (6) At least 25 megahertz of spectrum be- trum from the specified bands is made avail- BROADBAND USE. tween the frequencies of 1755 megahertz and able for alternative use utilizing payments To the extent that the Commission makes 1850 megahertz, minus appropriate geo- under this subsection, and such spectrum is available terrestrial broadband rights on graphic exclusion zones if necessary, unless assigned via competitive bidding, a portion spectrum primarily licensed for mobile sat- the President of the United States deter- of the proceeds may be disbursed to licensees ellite services, the Commission shall recover mines that— of other frequency bands for the purpose of a significant portion of the value of such (A) such spectrum should not be reallo- making additional spectrum available, pro- right either through the authority provided cated due to the need to protect incumbent vided that a majority of such additional in section 309(j) of the Communications Act Federal operations; or reallocation must be spectrum is assigned via competitive bid- of 1934 (47 U.S.C. 309(j)) or by section 278 of delayed or progressed in phases to ensure ding. Also, provided that in exercising the this subtitle. protection or continuity of Federal oper- authority provided under this section: SEC. 275. PERMANENT EXTENSION OF AUCTION ations; and ‘‘(i) The Chairman of the Commission, in AUTHORITY. (B) allocation of other spectrum— consultation with the Director of OMB, shall Section 309(j)(11) of the Communications (i) better serves the public interest, con- notify the Committees on Appropriations Act of 1934 (47 U.S.C. 309(j)(11)) is repealed. venience, and necessity; and and Commerce, Science, and Transportation (ii) can reasonably be expected to produce of the Senate, and the Committees on Appro- SEC. 276. AUTHORITY TO AUCTION LICENSES FOR DOMESTIC SATELLITE SERVICES. receipts comparable to auction of spectrum priations and Energy and Commerce of the frequencies identified in this paragraph. Section 309(j) of the Communications Act House of Representatives of the methodology (7) The Commission may substitute alter- of 1934 is amended by adding the following for calculating such payments to licensees at native spectrum frequencies for the spec- new subsection at the end thereof: least 3 months in advance of the relevant trum frequencies identified in paragraphs (1) ‘‘(17) Notwithstanding any other provision auction, and that such methodology consider through (5) of this subsection, if the Commis- of law, the Commission shall use competitive the value of spectrum vacated in its current sion determines that alternative spectrum bidding under this subsection to assign any use and the timeliness of clearing; and would better serve the public interest and license, construction permit, reservation, or ‘‘(ii) Notwithstanding subparagraph (A), the Office of Management and Budget cer- similar authorization or modification there- and except as provided in subparagraphs (B), tifies that such alternative spectrum fre- of, that may be used solely or predominantly (C), and (D), all proceeds (including deposits quencies are reasonably expected to produce for domestic satellite communications serv- and up front payments from successful bid- receipts comparable to auction of the spec- ices, including satellite-based television or ders) from the auction of spectrum under trum frequencies identified in paragraphs (1) radio services. A service is defined to be pre- this section and section 106 of this Act shall through (5) of this subsection. dominantly for domestic satellite commu- be deposited with the Public Safety Trust (c) AUCTION ORGANIZATION.—The Commis- Fund established under section 217 of this nications services if the majority of cus- sion may, if technically feasible and con- Act. tomers that may be served are located with- sistent with the public interest, combine the ‘‘(G) ESTABLISHMENT OF INCENTIVE AUCTION in the geographic boundaries of the United spectrum identified in paragraphs (4), (5), RELOCATION FUND.— States. The Commission may, however, use and the portion of paragraph (6) between the ‘‘(i) IN GENERAL.—There is established in an alternative approach to assignment of frequencies of 1755 megahertz and 1850 mega- the Treasury of the United States a fund to such licenses or similar authorities if it finds hertz, inclusive, of subsection (b) in an auc- be known as the ‘Incentive Auction Reloca- that such an alternative to competitive bid- tion of licenses for paired spectrum blocks. tion Fund’. ding would serve the public interest, conven- (d) FURTHER REALLOCATION OF CERTAIN ‘‘(ii) ADMINISTRATION.—The Assistant Sec- ience, and necessity. This paragraph shall be OTHER SPECTRUM.— retary shall administer the Incentive Auc- effective on the date of its enactment and (1) COVERED SPECTRUM.—For purposes of tion Relocation Fund using the amounts de- shall apply to all Commission assignments this subsection, the term ‘‘covered spec- posited pursuant to this section. or reservations of spectrum for domestic sat- trum’’ means the portion of the electro- ‘‘(iii) CREDITING OF RECEIPTS.—There shall ellite services, including, but not limited to, magnetic spectrum between the frequencies be deposited into or credited to the Incentive all assignments or reservations for satellite- of 3550 to 3650 megahertz, inclusive, minus Auction Relocation Fund any amounts speci- based television or radio services as of the the geographic exclusion zones, or any fied in section 217 of this Act. effective date.’’. amendment thereof, identified in NTIA’s Oc- ‘‘(iv) AVAILABILITY.—Amounts in the In- SEC. 277. DIRECTED AUCTION OF CERTAIN SPEC- tober 2010 report entitled ‘‘An Assessment of centive Auction Relocation Fund shall be TRUM. Near-Term Viability of Accommodating available to the NTIA for use— (a) IDENTIFICATION OF SPECTRUM.—Not Wireless Broadband Systems in 1675–1710 ‘‘(I) without fiscal year limitation; later than 1 year after the date of enactment MHz, 1755–1780 MHz, 3500–3650 MHz, and 4200– ‘‘(II) for a period not to exceed 18 months of this subtitle, the Assistant Secretary 4220 MHz, 4380–4400 MHz Bands’’. following the later of— shall identify and make available for imme- (2) IN GENERAL.—Consistent with require- ‘‘(aa) the completion of incentive auction diate reallocation, at a minimum, 15 mega- ments of section 309(j) of the Communica- from which such amounts were derived; hertz of contiguous spectrum at frequencies tions Act of 1934, the Commission shall re- ‘‘(bb) the date on which the Commission located between 1675 megahertz and 1710 allocate covered spectrum for assignment by issues all the new channel assignments pur- megahertz, inclusive, minus the geographic competitive bidding or allocation to unli- suant to any repacking required under sub- exclusion zones, or any amendment thereof, censed use, minus appropriate exclusion paragraph (F)(ii); or identified in NTIA’s October 2010 report enti- zones if necessary, unless the President of ‘‘(cc) the issuance of a construction permit tled ‘‘An Assessment of Near-Term Viability the United States determines that— by the Commission for a station to change of Accommodating Wireless Broadband Sys- (A) such spectrum cannot be reallocated channels, geographic locations, to collocate tems in 1675–1710 MHz, 1755–1780 MHz, 3500– due to the need to protect incumbent Fed- on the same channel or notification by a sta- 3650 MHz, and 4200–4220 MHz, 4380–4400 MHz eral systems from interference; or tion to the Assistant Secretary that it is im- Bands’’, to be made available for realloca- (B) allocation of other spectrum— pacted by such a change; and tion or sharing with incumbent Government (i) better serves the public interest, con- ‘‘(III) without further appropriation. operations. venience, and necessity; and ‘‘(v) USE OF FUNDS.—Amounts in the Incen- (b) AUCTION.—Not later than January 31, (ii) can reasonably be expected to produce tive Auction Relocation Fund may only be 2016, the Commission shall conduct, in such receipts comparable to what the covered

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(3) ACTIONS REQUIRED IF COVERED SPECTRUM ‘‘(2) DEVELOPMENT OF SPECTRUM FEE REGU- ‘‘(3) PENALTIES FOR LATE PAYMENT.—The CANNOT BE REALLOCATED.— LATIONS.— Commission shall prescribe by regulation an (A) IN GENERAL.—If the President makes a ‘‘(A) The Commission shall, by regulation, additional charge which shall be assessed as determination under paragraph (2) that the establish a methodology for assessing annual a penalty for late payment of fees required covered spectrum cannot be reallocated, spectrum user fees and a schedule for collec- by this subsection. then the President shall, within 1 year after tion of such fees on classes of spectrum li- ‘‘(4) REVOCATION OF LICENSE OR PERMIT.— the date of such determination— censes or construction permits or other in- The Commission may revoke any spectrum (i) identify alternative bands of frequencies struments of authorization, consistent with license or construction permit for a licens- totaling more than 20 megahertz and no the public interest, convenience and neces- ee’s or permitee’s failure to pay in a timely more than 100 megahertz of spectrum used sity. The Commission may determine over manner any fee or penalty to the Commis- primarily by Federal agencies that satisfy time different classes of spectrum licenses or sion under this subsection. Such revocation the requirements of clauses (i) and (ii) of construction permits upon which such fees action may be taken by the Commission paragraph (2)(B); may be assessed. In establishing the fee after notice of the Commission’s intent to (ii) report to the appropriate committees methodology, the Commission may consider take such action is sent to the licensee by of Congress and the Commission an identi- the following factors: registered mail, return receipt requested, at fication of such alternative spectrum for as- ‘‘(i) the highest value alternative spectrum the licensee’s last known address. The notice signment by competitive bidding; and use forgone; will provide the licensee at least 30 days to (iii) make such alternative spectrum for ‘‘(ii) scope and type of permissible services either pay the fee or show cause why the fee assignment immediately available for re- and uses; does not apply to the licensee or should oth- allocation. ‘‘(iii) amount of spectrum and licensed cov- erwise be waived or payment deferred. A (B) AUCTION.—If the President makes a de- erage area; hearing is not required under this subsection termination under paragraph (2) that the ‘‘(iv) shared versus exclusive use; unless the licensee’s response presents a sub- covered spectrum cannot be reallocated, the ‘‘(v) level of demand for spectrum licenses stantial and material question of fact. In any Commission shall commence the bidding of or construction permits within a certain case where a hearing is conducted pursuant the alternative spectrum identified pursuant spectrum band or geographic area; to this section, the hearing shall be based on to subparagraph (A) within 3 years of the ‘‘(vi) the amount of revenue raised on com- written evidence only, and the burden of pro- date of enactment of this subtitle. parable licenses awarded through an auction; ceeding with the introduction of evidence (4) ACTIONS REQUIRED IF COVERED SPECTRUM and and the burden of proof shall be on the li- CAN BE REALLOCATED.—If the President does ‘‘(vii) such factors that the Commission de- censee. Unless the licensee substantially pre- not make a determination under paragraph termines, in its discretion, are necessary to vails in the hearing, the Commission may as- (1) that the covered spectrum cannot be re- promote efficient and effective spectrum use. sess the licensee for the costs of such hear- allocated, the Commission shall commence ‘‘(B) In addition, the Commission shall, by ing. Any Commission order adopted pursuant the competitive bidding for the covered spec- regulation, establish a methodology for as- to this subsection shall determine the trum within 3 years of the date of enactment sessing annual user fees and a schedule for amount due, if any, and provide the licensee of this subtitle. collection of such fees on entities holding with at least 30 days to pay that amount or (e) AMENDMENTS TO DESIGN REQUIREMENTS Ancillary Terrestrial Component authority have its authorization revoked. No order of RELATED TO COMPETITIVE BIDDING.—Section in conjunction with Mobile Satellite Service revocation under this subsection shall be- 309(j) of the Communications Act of 1934 (47 spectrum licenses, where the Ancillary Ter- come final until the licensee has exhausted U.S.C. 309(j)) is amended— restrial Component authority was not as- its right to judicial review of such order (1) in paragraph (3)— signed through use of competitive bidding. under section 402(b)(5) of this title. (A) in subparagraph (E)(ii), by striking ‘‘; The Commission shall not collect less from ‘‘(5) TREATMENT OF REVENUES.—All pro- and’’ and inserting a semicolon; the holders of such authority than a reason- ceeds obtained pursuant to the regulations (B) in subparagraph (F), by striking the pe- able estimate of the value of such authority required by this subsection shall be depos- riod at the end and inserting a semicolon; over its term, regardless of whether terres- ited in the General Fund of the Treasury.’’. and trial services is actually provided during this PART II—PUBLIC SAFETY BROADBAND (2) by amending clause (i) of the second term. In determining a reasonable estimate NETWORK sentence of paragraph (8)(C) to read as fol- of the value of such authority, the Commis- SEC. 281. REALLOCATION OF D BLOCK FOR PUB- lows: sion may consider factors listed in sub- LIC SAFETY. ‘‘(i) the deposits— section (A). (a) IN GENERAL.—The Commission shall re- ‘‘(I) of successful bidders of any auction ‘‘(C) Within 60 days of enactment of this allocate the 700 MHz D block spectrum for conducted pursuant to subparagraph (F) of Act, the Commission shall commence a rule- use by public safety entities in accordance section 106 of this act shall be paid to the making to develop the fee methodology and with the provisions of this subtitle. Public Safety Trust Fund established under regulations. The Commission shall take all (b) SPECTRUM ALLOCATION.—Section 337(a) section 217 of such Act; and actions necessary so that it can collect fees of the Communications Act of 1934 (47 U.S.C. ‘‘(II) of successful bidders of any other auc- from the first class or classes of spectrum li- 337(a)) is amended— tion shall be paid to the Treasury;’’. cense or construction permit holders no later (1) by striking ‘‘24’’ in paragraph (1) and in- SEC. 278. AUTHORITY TO ESTABLISH SPECTRUM than September 30, 2012. serting ‘‘34’’; and LICENSE USER FEES. ‘‘(D) The Commission, from time to time, (2) by striking ‘‘36’’ in paragraph (2) and in- Section 309 of the Communications Act of may commence further rulemakings (sepa- serting ‘‘26’’. 1934 is amended by adding the following new rate from or in connection with other SEC. 282. FLEXIBLE USE OF NARROWBAND SPEC- subsection at the end thereof: TRUM. ‘‘(m) USE OF SPECTRUM LICENSE USER rulemakings or proceedings involving spec- trum-based services, licenses, permits and The Commission may allow the FEES.—For initial licenses or construction narrowband spectrum to be used in a flexible uses) and modify the fee methodology or re- permits that are not granted through the use manner, including usage for public safety vise its rules required by paragraph (B) to of competitive bidding as set forth in sub- broadband communications, subject to such add or modify classes of spectrum license or section (j), and for renewals or modifications technical and interference protection meas- construction permit holders that must pay of initial licenses or other authorizations, ures as the Commission may require and sub- whether granted through competitive bid- fees, and assign or adjust such fee as a result ject to interoperability requirements of the ding or not, the Commission may, where of the addition, deletion, reclassification or Commission and the Corporation established warranted, establish, assess, and collect an- other change in a spectrum-based service or in section 204 of this subtitle. use, including changes in the nature of a nual user fees on holders of spectrum li- SEC. 283. SINGLE PUBLIC SAFETY WIRELESS NET- censes or construction permits, including spectrum-based service or use as a con- WORK LICENSEE. their successors or assignees, in order to pro- sequence of Commission rulemaking pro- (a) REALLOCATION AND GRANT OF LICENSE.— mote efficient and effective use of the elec- ceedings or changes in law. Any resulting Notwithstanding any other provision of law, tromagnetic spectrum. changes in the classes of spectrum licenses, and subject to the provisions of this subtitle, ‘‘(1) REQUIRED COLLECTIONS.—The Commis- construction permits or fees shall take effect including section 290, the Commission shall sion shall collect at least the following upon the dates established in the Commis- grant a license to the Public Safety amounts— sion’s rulemaking proceeding in accordance Broadband Corporation established under ‘‘(A) $200,000,000 in fiscal year 2012; with applicable law. section 284 for the use of the 700 MHz D block ‘‘(B) $300,000,000 in fiscal year 2013; ‘‘(E) The Commission shall exempt from spectrum and existing public safety ‘‘(C) $425,000,000 in fiscal year 2014; such fees holders of licenses for broadcast broadband spectrum. ‘‘(D) $550,000,000 in fiscal year 2015; television and public safety services. The (b) TERM OF LICENSE.— ‘‘(E) $550,000,000 in fiscal year 2016; term ‘emergency response providers’ in- (1) INITIAL LICENSE.—The license granted ‘‘(F) $550,000,000 in fiscal year 2017; cludes State, local, and tribal, emergency under subsection (a) shall be for an initial ‘‘(G) $550,000,000 in fiscal year 2018; public safety, law enforcement, firefighter, term of 10 years from the date of the initial ‘‘(H) $550,000,000 in fiscal year 2019; emergency response, emergency medical (in- issuance of the license.

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(2) RENEWAL OF LICENSE.—Prior to expira- Secretary of Commerce should appoint at the Board for the life of the Corporation tion of the term of the initial license granted least 3 individuals who have served or are while serving in their appointed capacity. under subsection (a) or the expiration of any currently serving as public safety profes- (ii) NON-FEDERAL MEMBERS.—The term of subsequent renewal of such license, the Cor- sionals. office of each non-Federal member of the poration shall submit to the Commission an (D) REQUIRED QUALIFICATIONS.— Board shall be 3 years. No non-Federal mem- application for the renewal of such license. (i) IN GENERAL.—Each non-Federal member ber of the Board may serve more than 2 con- Such renewal application shall demonstrate appointed under subparagraph (A) should secutive full 3-year terms. that, during the preceding license term, the meet at least 1 of the following criteria: (B) EXPIRATION OF TERM.—Any member Corporation has met the duties and obliga- (I) PUBLIC SAFETY EXPERIENCE.—Knowledge whose term has expired may serve until such tions set forth under this subtitle. A renewal and experience in the use of Federal, State, member’s successor has taken office, or until license granted under this paragraph shall be local, or tribal public safety or emergency the end of the calendar year in which such for a term of not to exceed 15 years. response. member’s term has expired, whichever is ear- (c) FACILITATION OF TRANSITION.—The Com- (II) TECHNICAL EXPERTISE.—Technical ex- lier. mission shall take all actions necessary to pertise and fluency regarding broadband (C) APPOINTMENT TO FILL VACANCY.—Any facilitate the transition of the existing pub- communications, including public safety non-Federal member appointed to fill a va- lic safety broadband spectrum to the Public communications and cybersecurity. cancy occurring prior to the expiration of Safety Broadband Corporation established (III) NETWORK EXPERTISE.—Expertise in the term for which that member’s prede- under section 284. building, deploying, and operating commer- cessor was appointed shall be appointed for SEC. 284. ESTABLISHMENT OF PUBLIC SAFETY cial telecommunications networks. the remainder of the predecessor’s term. BROADBAND CORPORATION. (IV) FINANCIAL EXPERTISE.—Expertise in fi- (D) STAGGERED TERMS.—With respect to (a) ESTABLISHMENT.—There is authorized nancing and funding telecommunications the initial non-Federal members of the to be established a private, nonprofit cor- networks. Board— poration, to be known as the ‘‘Public Safety (ii) EXPERTISE TO BE REPRESENTED.—In (i) 4 members shall serve for a term of 3 Broadband Corporation’’, which is neither an making appointments under subparagraph years; agency nor establishment of the United (A), the Secretary of Commerce should ap- (ii) 4 members shall serve for a term of 2 States Government or the District of Colum- point— years; and bia Government. (I) at least one individual who satisfies the (iii) 3 members shall serve for a term of 1 (b) APPLICATION OF PROVISIONS.—The Cor- requirement under subclause (II) of clause year. poration shall be subject to the provisions of (i); (3) VACANCIES.—A vacancy in the member- this subtitle, and, to the extent consistent (II) at least one individual who satisfies ship of the Board shall not affect the Board’s with this subtitle, to the District of Colum- the requirement under subclause (III) of powers, and shall be filled in the same man- bia Nonprofit Corporation Act (sec. 29–301.01 clause (i); and ner as the original member was appointed. et seq., D.C. Official Code). (III) at least one individual who satisfies (c) RESIDENCE.—The Corporation shall have the requirement under subclause (IV) of (c) CHAIR.— its place of business in the District of Colum- clause (i). (1) SELECTION.—The Secretary of Com- bia and shall be considered, for purposes of (E) INDEPENDENCE.— merce, in consultation with the Secretary of venue in civil actions, to be a resident of the (i) IN GENERAL.—Each non-Federal member Homeland Security and the Attorney Gen- District of Columbia. of the Board shall be independent and neu- eral of the United States, shall select, from (d) POWERS UNDER DC ACT.—In order to tral and maintain a fiduciary relationship among the members of the Board, an indi- carry out the duties and activities of the with the Corporation in performing his or vidual to serve for a 2-year term as Chair of Corporation, the Corporation shall have the her duties. the Board. usual powers conferred upon a nonprofit cor- (ii) INDEPENDENCE DETERMINATION.—In (2) CONSECUTIVE TERMS.—An individual poration by the District of Columbia Non- order to be considered independent for pur- may not serve for more than 2 consecutive profit Corporation Act. poses of this subparagraph, a member of the terms as Chair of the Board. (e) INCORPORATION.—The members of the Board— (3) REMOVAL FOR CAUSE.—The Secretary of initial Board of Directors of the Corporation (I) may not, other than in his or her capac- Commerce, in consultation with the Sec- shall serve as incorporators and shall take ity as a member of the Board or any com- retary of Homeland Security and the Attor- whatever steps that are necessary to estab- mittee thereof— ney General of the United States, may re- lish the Corporation under the District of (aa) accept any consulting, advisory, or move the Chair of the Board and any non- Columbia Nonprofit Corporation Act. other compensatory fee from the Corpora- Federal member for good cause. SEC. 285. BOARD OF DIRECTORS OF THE COR- tion; or (d) REMOVAL.—All members of the Board PORATION. (bb) be a person associated with the Cor- may by majority vote— (a) MEMBERSHIP.—The management of the poration or with any affiliated company (1) remove any non-Federal member of the Corporation shall be vested in a Board of Di- thereof; and Board from office for conduct determined by rectors (referred to in this Title as the (II) shall be disqualified from any delibera- the Board to be detrimental to the Board or ‘‘Board’’), which shall consist of the fol- tion involving any transaction of the Cor- Corporation; and lowing members: poration in which the Board member has a (2) request that the Secretary of Commerce (1) FEDERAL MEMBERS.—The following indi- financial interest in the outcome of the exercise his or her authority to remove the viduals, or their respective designees, shall transaction. Chair of the Board for conduct determined serve as Federal members: (F) NOT OFFICERS OR EMPLOYEES.—The non- by the Board to be detrimental to the Board (A) The Secretary of Commerce. Federal members of the Board shall not, by or Corporation. (B) The Secretary of Homeland Security. reason of such membership, be considered to (e) MEETINGS.— (C) The Attorney General of the United be officers or employees of the United States (1) FREQUENCY.—The Board shall meet in States. Government or of the District of Columbia accordance with the bylaws of the Corpora- (D) The Director of the Office of Manage- Government. tion— ment and Budget. (G) CITIZENSHIP.—No individual other than (A) at the call of the Chairperson; and (2) NON-FEDERAL MEMBERS.— a citizen of the United States may serve as (B) not less frequently than once each (A) IN GENERAL.—The Secretary of Com- a non-Federal member of the Board. quarter. merce, in consultation with the Secretary of (H) CLEARANCE FOR CLASSIFIED INFORMA- (2) TRANSPARENCY.—Meetings of the Board, Homeland Security and the Attorney Gen- TION.—In order to have the threat and vul- including any committee of the Board, shall eral of the United States, shall appoint 11 in- nerability information necessary to make be open to the public. The Board may, by dividuals to serve as non-Federal members of risk management decisions regarding the majority vote, close any such meeting only the Board. network, the non-Federal members of the for the time necessary to preserve the con- (B) STATE, TERRITORIAL, TRIBAL AND LOCAL Board shall be required, prior to appoint- fidentiality of commercial or financial infor- GOVERNMENT INTERESTS.—In making appoint- ment, to obtain a clearance held by the Di- mation that is privileged or confidential, to ments under subparagraph (A), the Secretary rector of National Intelligence that permits discuss personnel matters, to discuss secu- of Commerce should— them to receive information classified at the rity vulnerabilities when making those (i) appoint at least 3 individuals with sig- level of Top Secret, Special Compartmented vulnerabilities public would increase risk to nificant expertise in the collective interests Information. the network or otherwise materially threat- of State, Territorial, Tribal and Local gov- (b) TERMS OF APPOINTMENT.— en network operations, or to discuss legal ernments; and (1) INITIAL APPOINTMENT DEADLINE.—Mem- matters affecting the Corporation, including (ii) seek to ensure geographic and regional bers of the Board shall be appointed not later pending or potential litigation. representation of the United States in such than 180 days after the date of the enactment appointments; of this subtitle. (f) QUORUM.—Eight members of the Board (iii) seek to ensure rural and urban rep- (2) TERMS.— shall constitute a quorum. resentation in such appointments. (A) LENGTH.— (g) BYLAWS.—A majority of the members of (C) PUBLIC SAFETY INTERESTS.—In making (i) FEDERAL MEMBERS.—Each Federal mem- the Board of Directors may amend the by- appointments under subparagraph (A), the ber of the Board shall serve as a member of laws of the Corporation.

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(h) ATTENDANCE.—Members of the Board of (A) be required, within six months of being time to time that exceed the amounts re- Directors may attend meetings of the Cor- hired, to obtain a clearance held by the Di- quired by the Corporation to timely pay its poration and vote in person, via telephone rector of National Intelligence that permits debt service and other obligations. conference, or via video conference. them to receive information classified at the (12) To expend the funds placed in any re- (i) PROHIBITION ON COMPENSATION.—Mem- level of Top Secret, Special Compartmented serve accounts established under paragraph bers of the Board of the Corporation shall Information. (11) (including interest earned on any such serve without pay, and shall not otherwise (b) ADVISORY COMMITTEES.—The Board— amounts) in a manner authorized by the benefit, directly or indirectly, as a result of (1) shall establish a standing public safety Board, but only for purposes that— their service to the Corporation, but shall be advisory committee to assist the Board in (A) will advance or enhance public safety allowed a per diem allowance for travel ex- carrying out its duties and responsibilities communications consistent with this sub- penses, at rates authorized for an employee under this Title; and title; or of an agency under subchapter I of chapter 57 (2) may establish additional standing or ad (B) are otherwise approved by an Act of of title 5, United States Code, while away hoc committees, panels, or councils as the Congress. from the home or regular place of business of Board determines are necessary. (13) To build, operate and maintain the the member in the performance of the duties public safety interoperable broadband net- of the Corporation. SEC. 287. NONPROFIT AND NONPOLITICAL NA- TURE OF THE CORPORATION. work. SEC. 286. OFFICERS, EMPLOYEES, AND COMMIT- (a) STOCK.—The Corporation shall have no (14) To take such other actions as the Cor- TEES OF THE CORPORATION. poration (through its Board) may from time (a) OFFICERS AND EMPLOYEES.— power to issue any shares of stock, or to de- clare or pay any dividends. to time determine necessary, appropriate, or (1) IN GENERAL.—The Corporation shall advisable to accomplish the purposes of this have a Chief Executive Officer, and such (b) PROFIT.—No part of the income or as- sets of the Corporation shall inure to the subtitle. other officers and employees as may be (b) DUTY AND RESPONSIBILITY TO DEPLOY benefit of any director, officer, employee, or named and appointed by the Board for terms AND OPERATE A NATIONWIDE PUBLIC SAFETY any other individual associated with the Cor- and at rates of compensation fixed by the INTEROPERABLE BROADBAND NETWORK.— poration, except as salary or reasonable com- Board pursuant to this subsection. The Chief (1) IN GENERAL.—The Corporation shall pensation for services. Executive Officer may name and appoint hold the single public safety wireless license OLITICS.—The Corporation may not such employees as are necessary. All officers (c) P granted under section 281 and take all ac- and employees shall serve at the pleasure of contribute to or otherwise support any polit- tions necessary to ensure the building, de- the Board. ical party or candidate for elective public of- ployment, and operation of a secure and re- (2) LIMITATION.—No individual other than a fice. silient nationwide public safety interoper- citizen of the United States may be an offi- (d) PROHIBITION ON LOBBYING ACTIVITIES.— able broadband network in consultation with cer of the Corporation. The Corporation shall not engage in lobbying Federal, State, tribal, and local public safety (3) NONPOLITICAL NATURE OF APPOINT- activities (as defined in section 3(7) of the entities, the Director of NIST, the Commis- MENT.—No political test or qualification Lobbying Disclosure Act of 1995 (5 U.S.C. sion, and the public safety advisory com- shall be used in selecting, appointing, pro- 1602(7))). mittee established in section 284(b)(1), in- moting, or taking other personnel actions SEC. 288. POWERS, DUTIES, AND RESPONSIBIL- cluding by,— with respect to officers, agents, or employees ITIES OF THE CORPORATION. (A) ensuring nationwide standards includ- of the Corporation. (a) GENERAL POWERS.—The Corporation ing encryption requirements for use and ac- (4) COMPENSATION.— shall have the authority to do the following: cess of the network; (A) IN GENERAL.—The Board may hire and (1) To adopt and use a corporate seal. (B) issuing open, transparent, and competi- fix the compensation of employees hired (2) To have succession until dissolved by an tive requests for proposals to private sector under this subsection as may be necessary to Act of Congress. entities for the purposes of building, oper- carry out the purposes of the Corporation. (3) To prescribe, through the actions of its ating, and maintaining the network; (B) APPROVAL BY COMPENSATION BY FED- Board, bylaws not inconsistent with Federal (C) managing and overseeing the imple- ERAL MEMBERS.—Notwithstanding any other law and the laws of the District of Columbia, mentation and execution of contracts or provision of law, or any bylaw adopted by regulating the manner in which the Corpora- agreements with non-Federal entities to the Corporation, all rates of compensation, tion’s general business may be conducted build, operate, and maintain the network; including benefit plans and salary ranges, for and the manner in which the privileges and officers and employees of the Board, shall be granted to the Corporation by law may be (D) establishing policies regarding Federal jointly approved by the Federal members of exercised. and public safety support use. the Board. (4) To exercise, through the actions of its (2) INTEROPERABILITY, SECURITY AND STAND- (C) LIMITATION ON OTHER COMPENSATION.— Board, all powers specifically granted by the ARDS.—In carrying out the duties and re- No officer or employee of the Corporation provisions of this Title, and such incidental sponsibilities of this subsection, including may receive any salary or other compensa- powers as shall be necessary. issuing requests for proposals, the Corpora- tion (except for compensation for services on (5) To hold such hearings, sit and act at tion shall— boards of directors of other organizations such times and places, take such testimony, (A) ensure the safety, security, and resil- that do not receive funds from the Corpora- and receive such evidence as the Corporation iency of the network, including requirements tion, on committees of such boards, and in considers necessary to carry out its respon- for protecting and monitoring the network similar activities for such organizations) sibilities and duties. to protect against cyber intrusions or from any sources other than the Corporation (6) To obtain grants and funds from and cyberattack; for services rendered during the period of the make contracts with individuals, private (B) be informed of and manage supply employment of the officer or employee by companies, organizations, institutions, and chain risks to the network, including re- the Corporation, unless unanimously ap- Federal, State, regional, and local agencies, quirements to provide insight into the sup- proved by all voting members of the Corpora- pursuant to guidelines established by the Di- pliers and supply chains for critical network tion. rector of the Office of Management and components and to implement risk manage- (5) SERVICE ON OTHER BOARDS.—Service by Budget. ment best practice in network design, con- any officer on boards of directors of other or- (7) To accept, hold, administer, and utilize tracting, operations and maintenance; ganizations, on committees of such boards, gifts, donations, and bequests of property, (C) promote competition in the equipment and in similar activities for such organiza- both real and personal, for the purposes of market, including devices for public safety tions shall be subject to annual advance ap- aiding or facilitating the work of the Cor- communications, by requiring that equip- proval by the Board and subject to the provi- poration. ment and devices for use on the network be— sions of the Corporation’s Statement of Eth- (8) To issue notes or bonds, which shall not (i) built to open, non-proprietary, commer- ical Conduct. be guaranteed or backed in any manner by cially available standards; (6) RULE OF CONSTRUCTION.—No officer or the Government of the United States, to pur- (ii) capable of being used across the nation- employee of the Board or of the Corporation chasers of such instruments in the private wide public safety broadband network oper- shall be considered to be an officer or em- capital markets. ating in the 700 MHz band; ployee of the United States Government or (9) To incur indebtedness, which shall be (iii) be able to be interchangeable with of the government of the District of Colum- the sole liability of the Corporation and other vendors’ equipment; and bia. shall not be guaranteed or backed by the (iv) backward-compatible with existing (7) CLEARANCE FOR CLASSIFIED INFORMA- Government of the United States, to carry second and third generation commercial net- TION.—In order to have the threat and vul- out the purposes of this Title. works to the extent that such capabilities nerability information necessary to make (10) To spend funds under paragraph (6) in are necessary and technically and economi- risk management decisions regarding the a manner authorized by the Board, but only cally reasonable; and network, at a minimum the Chief Executive for purposes that will advance or enhance (D) promote integration of the network Officer and any officers filling the roles nor- public safety communications consistent with public safety answering points or their mally titled as Chief Information Officers, with this subtitle. equivalent. Chief Information Security Officer, and Chief (11) To establish reserve accounts with (3) RURAL COVERAGE.—In carrying out the Operations Officer shall— funds that the Corporation may receive from duties and responsibilities of this subsection,

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.062 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5561 including issuing requests for proposals, the single officer or governmental body des- such funding, the Corporation shall file with Corporation, consistent with the license ignated under section 294(d). the NTIA a statement with respect to the an- granted under section 281, shall require de- (3) LEVERAGING EXISTING INFRASTRUC- ticipated use of the proceeds of this funding. ployment phases with substantial rural cov- TURE.—In carrying out the requirement (3) NTIA APPROVAL.—If the NTIA deter- erage milestones as part of each phase of the under subsection (b), the Corporation shall mines that such funding is necessary for the construction and deployment of the network. enter into agreements to utilize, to the max- Corporation to carry out its duties and re- (4) EXECUTION OF AUTHORITY.—In carrying imum economically desirable, existing— sponsibilities under this Title and that Cor- out the duties and responsibilities of this (A) commercial or other communications poration has submitted a plan, then the subsection, the Corporation may— infrastructure; and NTIA shall notify the appropriate commit- (A) obtain grants from and make contracts (B) Federal, State, tribal, or local infra- tees of Congress 30 days before each transfer with individuals, private companies, and structure. of funds takes place. Federal, State, regional, and local agencies; (4) MAINTENANCE AND UPGRADES.—The Cor- SEC. 290. PERMANENT SELF-FUNDING; DUTY TO (B) hire or accept voluntary services of poration shall ensure through the mainte- ASSESS AND COLLECT FEES FOR consultants, experts, advisory boards, and nance, operation, and improvement of the NETWORK USE. panels to aid the Corporation in carrying out nationwide public safety interoperable (a) IN GENERAL.—The Corporation shall such duties and responsibilities; broadband network established under sub- have the authority to assess and collect the (C) receive payment for use of— section (b), including by ensuring that the following fees: (i) network capacity licensed to the Cor- Corporation updates and revises any policies (1) NETWORK USER FEE.—A user or subscrip- poration; and established under paragraph (1) to take into tion fee from each entity, including any pub- (ii) network infrastructure constructed, account new and evolving technologies and lic safety entity or secondary user, that owned, or operated by the Corporation; and security concerns. seeks access to or use of the nationwide pub- (D) take such other actions as may be nec- (5) ROAMING AGREEMENTS.—The Corpora- lic safety interoperable broadband network essary to accomplish the purposes set forth tion shall negotiate and enter into, as it de- established under this Title. in this subsection. termines appropriate, roaming agreements (2) LEASE FEES RELATED TO NETWORK CAPAC- (c) OTHER SPECIFIC DUTIES AND RESPON- with commercial network providers to allow ITY.— SIBILITIES.— the nationwide public safety interoperable (A) IN GENERAL.—A fee from any non-Fed- (1) ESTABLISHMENT OF NETWORK POLICIES.— broadband users to roam onto commercial eral entity that seeks to enter into a covered In carrying out the requirements under sub- networks and gain prioritization of public leasing agreement. section (b), the Corporation shall take such safety communications over such networks (B) COVERED LEASING AGREEMENT.—For actions as may be necessary, including the in times of an emergency. purposes of subparagraph (A), a ‘‘covered development of requests for proposals— (6) NETWORK INFRASTRUCTURE AND DEVICE leasing agreement’’ means a written agree- (A) request for proposals should include— CRITERIA.—The Director of NIST, in con- ment between the Corporation and secondary (i) build timetables, including by taking sultation with the Corporation and the Com- user to permit— into consideration the time needed to build mission, shall ensure the development of a (i) access to network capacity on a sec- out to rural areas; list of certified devices and components ondary basis for non-public safety services; (ii) coverage areas, including coverage in meeting appropriate protocols, encryption and rural and nonurban areas; requirements, and standards for public safe- (ii) the spectrum allocated to such entity (iii) service levels; ty entities and commercial vendors to ad- to be used for commercial transmissions (iv) performance criteria; and here to, if such entities or vendors seek to along the dark fiber of the long-haul net- (v) other similar matters for the construc- have access to, use of, or compatibility with work of such entity. tion and deployment of such network; the nationwide public safety interoperable (3) LEASE FEES RELATED TO NETWORK EQUIP- (B) the technical, operational and security broadband network established under sub- MENT AND INFRASTRUCTURE.—A fee from any requirements of the network and, as appro- section (b). non-Federal entity that seeks access to or priate, network suppliers; (7) REPRESENTATION BEFORE STANDARD SET- use of any equipment or infrastructure, in- (C) practices, procedures, and standards for TING ENTITIES.—The Corporation, in con- cluding antennas or towers, constructed or the management and operation of such net- sultation with the Director of NIST, the otherwise owned by the Corporation. work; Commission, and the public safety advisory (b) ESTABLISHMENT OF FEE AMOUNTS; PER- (D) terms of service for the use of such net- committee established under section MANENT SELF-FUNDING.—The total amount of work, including billing practices; and 284(b)(1), shall represent the interests of pub- the fees assessed for each fiscal year pursu- (E) ongoing compliance review and moni- lic safety users of the nationwide public safe- ant to this section shall be sufficient, and toring of the— ty interoperable broadband network estab- shall not exceed the amount necessary, to re- (i) management and operation of such net- lished under subsection (b) before any pro- coup the total expenses of the Corporation in work; ceeding, negotiation, or other matter in carrying out its duties and responsibilities (ii) practices and procedures of the entities which a standards organization, standards described under this Title for the fiscal year operating on and the personnel using such body, standards development organization, involved. network; and or any other recognized standards-setting (c) REQUIRED REINVESTMENT OF FUNDS.— (iii) training needs of entities operating on entity regarding the development of stand- The Corporation shall reinvest amounts re- and personnel using such network. ards relating to interoperability. ceived from the assessment of fees under this (2) STATE AND LOCAL PLANNING.— (8) PROHIBITION ON NEGOTIATION WITH FOR- section in the nationwide public safety inter- (A) REQUIRED CONSULTATION.—In devel- EIGN GOVERNMENTS.—Except as authorized by operable broadband network by using such oping requests for proposal and otherwise the President, the Corporation shall not funds only for constructing, maintaining, carrying out its responsibilities under this have the authority to negotiate or enter into managing or improving the network. subtitle, the Corporation shall consult with any agreements with a foreign government SEC. 291. AUDIT AND REPORT. regional, State, tribal, and local jurisdic- on behalf of the United States. (a) AUDIT.— tions regarding the distribution and expendi- (d) USE OF MAILS.—The Corporation may (1) IN GENERAL.—The financial transactions ture of any amounts required to carry out use the United States mails in the same of the Corporation for any fiscal year during the policies established under paragraph (1), manner and under the same conditions as which Federal funds are available to finance including with regard to the— the departments and agencies of the United any portion of its operations shall be audited (i) construction of an Evolved Packet Core States. by the Comptroller General of the United or Cores and any Radio Access Network SEC. 289. INITIAL FUNDING FOR CORPORATION. States in accordance with the principles and build out; (a) NTIA PROVISION OF INITIAL FUNDING TO procedures applicable to commercial cor- (ii) placement of towers; THE CORPORATION.— porate transactions and under such rules and (iii) coverage areas of the network, wheth- (1) IN GENERAL.—Prior to the commence- regulations as may be prescribed by the er at the regional, State, tribal, or local ment of incentive auctions to be carried out Comptroller General. level; under section 309(j)(8)(F) of the Communica- (2) LOCATION.—Any audit conducted under (iv) adequacy of hardening, security, reli- tions Act of 1934 or the auction of spectrum paragraph (1) shall be conducted at the place ability, and resiliency requirements; pursuant to section 273 of this subtitle, the or places where accounts of the Corporation (v) assignment of priority to local users; NTIA is hereby appropriated $50,000,000 for are normally kept. (vi) assignment of priority and selection of reasonable administrative expenses and (3) ACCESS TO CORPORATION BOOKS AND DOC- entities seeking access to or use of the na- other costs associated with the establish- UMENTS.— tionwide public safety interoperable ment of the Corporation, and that may be (A) IN GENERAL.—For purposes of an audit broadband network established under sub- transferred as needed to the Corporation for conducted under paragraph (1), the rep- section (b); and expenses before the commencement of incen- resentatives of the Comptroller General (vii) training needs of local users. tive auction: Provided, That funding shall ex- shall— (B) METHOD OF CONSULTATION.—The con- pire on September 30, 2014. (i) have access to all books, accounts, sultation required under subparagraph (A) (2) CONDITION OF FUNDING.—At the time of records, reports, files, and all other papers, shall occur between the Corporation and the application for, and as a condition to, any things, or property belonging to or in use by

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.063 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5562 CONGRESSIONAL RECORD — SENATE September 13, 2011 the Corporation that pertain to the financial and data services needs of that jurisdiction, rector of NIST, in consultation with the Cor- transactions of the Corporation and are nec- including with regards to coverage, siting, poration and the public safety advisory com- essary to facilitate the audit; and identity management for public safety users mittee established under section 286(b)(1), (ii) be afforded full facilities for verifying and their devices, and other needs. shall— transactions with the balances or securities (b) MATCHING REQUIREMENTS; FEDERAL (1) document public safety wireless com- held by depositories, fiscal agents, and SHARE.— munications technical requirements; custodians. (1) IN GENERAL.—The Federal share of the (2) accelerate the development of the capa- (B) REQUIREMENT.—All books, accounts, cost of any activity carried out using a grant bility for communications between currently records, reports, files, papers, and property under this section may not exceed 80 percent deployed public safety narrowband systems of the Corporation shall remain in the pos- of the eligible costs of carrying out that ac- and the nationwide public safety interoper- session and custody of the Corporation. tivity, as determined by the Assistant Sec- able broadband network to be established (b) REPORT.— retary, in consultation with the Corporation. under this title; (1) IN GENERAL.—The Comptroller General (2) WAIVER.—The Assistant Secretary may (3) establish a research plan, and direct re- of the United States shall submit a report of waive, in whole or in part, the requirements search, that addresses the wireless commu- each audit conducted under subsection (a) of paragraph (1) for good cause shown if the nications needs of public safety entities be- to— Assistant Secretary determines that such a yond what can be provided by the current (A) the appropriate committees of Con- waiver is in the public interest. generation of broadband technology; gress; (c) PROGRAMMATIC REQUIREMENTS.—Not (4) accelerate the development of mission (B) the President; and later than 6 months after the establishment critical voice, including device-to-device (C) the Corporation. of the bylaws of the Corporation pursuant to ‘‘talkaround’’ standards for broadband net- (2) CONTENTS.—Each report submitted section 286 of this subtitle, the Assistant works, if necessary and practical, public under paragraph (1) shall contain— Secretary, in consultation with the Corpora- safety prioritization, authentication capa- (A) such comments and information as the tion, shall establish requirements relating to bilities, as well as a standard application Comptroller General determines necessary the grant program to be carried out under programing interfaces for the nationwide to inform Congress of the financial oper- this section, including the following: public safety interoperable broadband net- ations and condition of the Corporation; (1) Defining eligible costs for purposes of work to be established under this title, if (B) any recommendations of the Comp- subsection (b)(1). necessary and practical; troller General relating to the financial op- (2) Determining the scope of eligible activi- (5) seek to develop technologies, standards, erations and condition of the Corporation; ties for grant funding under this section. processes, and architectures that provide a and (3) Prioritizing grants for activities that significant improvement in network secu- (C) a description of any program, expendi- ensure coverage in rural as well as urban rity, resiliency and trustworthiness; and ture, or other financial transaction or under- areas. (6) convene working groups of relevant taking of the Corporation that was observed (d) CERTIFICATION AND DESIGNATION OF OF- government and commercial parties to during the course of the audit, which, in the FICER OR GOVERNMENTAL BODY.—In carrying achieve the requirements in paragraphs (1) opinion of the Comptroller General, has been out the grant program established under this through (5). carried on or made without the authority of section, the Assistant Secretary shall re- (c) TRANSFER AUTHORITY.—If in the deter- law. quire each State to certify in its application mination of the Director of NIST another SEC. 292. ANNUAL REPORT TO CONGRESS. for grant funds that the State has designated Federal agency is better suited to carry out (a) IN GENERAL.—Not later than 1 year a single officer or governmental body to and oversee the research and development of after the date of enactment of this subtitle, serve as the coordinator of implementation any activity to be carried out in accordance and each year thereafter, the Corporation of the grant funds. with the requirements of this section, the shall submit an annual report covering the SEC. 295. STATE AND LOCAL IMPLEMENTATION Director may transfer any amounts provided preceding fiscal year to the President and FUND. under this section to such agency, including the appropriate committees of Congress. (a) ESTABLISHMENT.—There is established to the National Institute of Justice of the (b) REQUIRED CONTENT.—The report re- in the Treasury of the United States a fund Department of Justice and the Department quired under subsection (a) shall include— to be known as the ‘‘State and Local Imple- of Homeland Security. mentation Fund’’. (1) a comprehensive and detailed report of SEC. 297. PUBLIC SAFETY TRUST FUND. (b) PURPOSE.—The Assistant Secretary the operations, activities, financial condi- shall establish and administer the grant pro- (a) ESTABLISHMENT OF PUBLIC SAFETY tion, and accomplishments of the Corpora- gram authorized under section 294 of this TRUST FUND.— tion under this section; and subtitle using funds deposited in the State (1) IN GENERAL.—There is established in the (2) such recommendations or proposals for and Local Implementation Fund. Treasury of the United States a trust fund to legislative or administrative action as the (c) CREDITING OF RECEIPTS.—There shall be be known as the ‘‘Public Safety Trust Corporation deems appropriate. deposited into or credited to the State and Fund’’. (c) AVAILABILITY TO TESTIFY.—The direc- Local Implementation Fund— (2) CREDITING OF RECEIPTS.— tors, officers, employees, and agents of the (1) any amounts specified in section 297; (A) IN GENERAL.—There shall be deposited Corporation shall be available to testify be- and into or credited to the Public Safety Trust fore the appropriate committees of the Con- (2) any amounts borrowed by the Assistant Fund the proceeds from the auction of spec- gress with respect to— Secretary under subsection (d). trum carried out pursuant to— (1) the report required under subsection (d) BORROWING AUTHORITY.— (i) section 273 of this subtitle; and (a); (1) IN GENERAL.—The Assistant Secretary (ii) section 309(j)(8)(F) of the Communica- (2) the report of any audit made by the may borrow from the General Fund of the tions Act of 1934, as added by section 273 of Comptroller General under section 291; or Treasury beginning on October 1, 2011, such this subtitle. (3) any other matter which such commit- sums as may be necessary, but not to exceed (B) AVAILABILITY.—Amounts deposited into tees may determine appropriate. $100,000,000 to implement section 294. or credited to the Public Safety Trust Fund SEC. 293. PROVISION OF TECHNICAL ASSIST- (2) REIMBURSEMENT.—The Assistant Sec- in accordance with subparagraph (A) shall ANCE. retary shall reimburse the General Fund of remain available until the end of fiscal year The Commission and the Departments of the Treasury, with interest, for any amounts 2018. Upon the expiration of the period de- Homeland Security, Justice and Commerce borrowed under subparagraph (1) as funds are scribed in the prior sentence such amounts may provide technical assistance to the Cor- deposited into the State and Local Imple- shall be deposited in the General Fund of the poration and may take any action at the re- mentation Fund. Treasury, where such amounts shall be dedi- quest of the Corporation in effectuating its SEC. 296. PUBLIC SAFETY WIRELESS COMMU- cated for the sole purpose of deficit reduc- duties and responsibilities under this Title. NICATIONS RESEARCH AND DEVEL- tion. SEC. 294. STATE AND LOCAL IMPLEMENTATION. OPMENT. (b) USE OF FUND.—Amounts deposited in (a) ESTABLISHMENT OF STATE AND LOCAL (a) NIST DIRECTED RESEARCH AND DEVEL- the Public Safety Trust Fund shall be used IMPLEMENTATION GRANT PROGRAM.—The As- OPMENT PROGRAM.—From amounts made in the following manner: sistant Secretary, in consultation with the available from the Public Safety Trust Fund (1) PAYMENT OF AUCTION INCENTIVE.— Corporation, shall take such action as is nec- established under section 297, the Director of (A) REQUIRED DISBURSALS.—Amounts in the essary to establish a grant program to make NIST, in consultation with the Commission, Public Safety Trust Fund shall be used to grants to States to assist State, regional, the Secretary of Homeland Security, and the make any required disbursal of payments to tribal, and local jurisdictions to identify, National Institute of Justice of the Depart- licensees required pursuant to clause (i) and plan, and implement the most efficient and ment of Justice, as appropriate, shall con- subclause (IV) of clause (ii) of section effective way for such jurisdictions to utilize duct research and assist with the develop- 309(j)(8)(F) of the Communications Act of and integrate the infrastructure, equipment, ment of standards, technologies, and applica- 1934. and other architecture associated with the tions to advance wireless public safety com- (B) NOTIFICATION TO CONGRESS.— nationwide public safety interoperable munications. (i) IN GENERAL.—At least 3 months in ad- broadband network established in this sub- (b) REQUIRED ACTIVITIES.—In carrying out vance of any incentive auction conducted title to satisfy the wireless communications the requirement under subsection (a), the Di- pursuant to subparagraph (F) of section

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309(j)(8) of the Communications Act of 1934, (b) CONTENTS.—The report required by sub- (3) in subsection (c), by striking ‘‘June 11, the Chairman of the Commission, in con- section (a) shall include— 2012’’ and inserting ‘‘June 11, 2013’’. sultation with the Director of the Office of (1) an examination of how such spectrum is (b) EXTENSION OF MATCHING FOR STATES Management and Budget, shall notify the ap- being used; WITH NO WAITING WEEK.—Section 5 of the propriate committees of Congress— (2) recommendations on how such spec- Unemployment Compensation Extension Act (I) of the methodology for calculating the trum may be used more efficiently; of 2008 (Public Law 110–449; 26 U.S.C. 3304 disbursal of payments to certain licensees re- (3) an assessment of the feasibility of pub- note) is amended by striking ‘‘June 10, 2012’’ quired pursuant to clause (i) and subclauses lic safety entities relocating from other and inserting ‘‘June 9, 2013’’. (III) and (IV) of clause of (ii) of such section; bands to the public safety broadband spec- (c) EXTENSION OF MODIFICATION OF INDICA- (II) that such methodology considers the trum; and TORS UNDER THE EXTENDED BENEFIT PRO- value of the spectrum voluntarily relin- (4) an assessment of whether any spectrum GRAM.—Section 502 of the Tax Relief, Unem- quished in its current use and the timeliness made available by the relocation described ployment Insurance Reauthorization, and with which the licensee cleared its use of in paragraph (3) could be returned to the Job Creation Act of 2010 (Public Law 111–312; such spectrum; and Commission for reassignment through auc- 26 U.S.C. 3304 note) is amended— (III) of the estimated payments to be made tion, including through use of incentive auc- (1) in subsection (a) by striking ‘‘December from the Incentive Auction Relocation fund tion authority under subparagraph (G) of 31, 2011’’ and inserting ‘‘December 31, 2012’’; established under section 309(j)(8)(G) of the section 309(j)(8) of the Communications Act and Communications Act of 1934. of 1934 (47 U.S.C. 309(j)(8)), as added by sec- (2) in subsection (b)(2) by striking ‘‘Decem- (ii) DEFINITION.—In this clause, the term tion 273(a). ber 31, 2011’’ and inserting ‘‘December 31, ‘‘appropriate committees of Congress’’ SEC. 299. PUBLIC SAFETY ROAMING AND PRI- 2012’’. means— ORITY ACCESS. (d) EFFECTIVE DATE.—The amendments (I) the Committee on Commerce, Science, The Commission may adopt rules, if nec- made by this section shall take effect as if included in the enactment of the Unemploy- and Transportation of the Senate; essary in the public interest, to improve the ment Compensation Extension Act of 2010 (II) the Committee on Appropriations of ability of public safety users to roam onto (Public Law 111–205). the Senate; commercial networks and to gain priority (III) the Committee on Energy and Com- access to commercial networks in an emer- SEC. 313. REEMPLOYMENT SERVICES AND REEM- gency if— PLOYMENT AND ELIGIBILITY AS- merce of the House of Representatives; and (1) the public safety entity equipment is SESSMENT ACTIVITIES. (IV) the Committee on Appropriations of technically compatible with the commercial (a) IN GENERAL.— the House of Representatives. network; (1) PROVISION OF SERVICES AND ACTIVITIES.— (2) INCENTIVE AUCTION RELOCATION FUND.— (2) the commercial network is reasonably Section 4001 of the Supplemental Appropria- Not more than $1,000,000,000 shall be depos- compensated; and tions Act, 2008, (Public Law 110–252; 26 U.S.C. ited in the Incentive Auction Relocation (3) such access does not preempt or other- 3304 note), is amended by inserting the fol- Fund established under section 309(j)(8)(G) of wise terminate or degrade all existing voice lowing new subsection (h): the Communications Act of 1934. conversations or data sessions. ‘‘(h) IN GENERAL.— (3) STATE AND LOCAL IMPLEMENTATION TITLE III—ASSISTANCE FOR THE UNEM- ‘‘(1) REQUIRED PROVISION OF SERVICES AND FUND.—$200,000,000 shall be deposited in the ACTIVITIES.—An agreement under this sec- State and Local Implementation Fund estab- PLOYED AND PATHWAYS BACK TO WORK tion shall require that the State provide re- lished under section 294. employment services and reemployment and Subtitle A—Supporting Unemployed Workers (4) PUBLIC SAFETY BROADBAND CORPORA- eligibility assessment activities to each indi- TION.—$6,450,000,000 shall deposited with the SEC. 301. SHORT TITLE. vidual receiving emergency unemployment Public Safety Broadband Corporation estab- This subtitle may be cited as the ‘‘Sup- compensation who, on or after the date that lished under section 284, of which pursuant porting Unemployed Workers Act of 2011’’. is 30 days after the date of enactment of the to its responsibilities and duties set forth PART I—EXTENSION OF EMERGENCY UN- Supporting Unemployed Workers Act of 2011, under section 288 to deploy and operate a na- EMPLOYMENT COMPENSATION AND establishes an account under section 4002(b), tionwide public safety interoperable CERTAIN EXTENDED BENEFITS PROVI- commences receiving the amounts described broadband network. Funds deposited with SIONS, AND ESTABLISHMENT OF SELF- in section 4002(c), commences receiving the the Public Safety Broadband Corporation EMPLOYMENT ASSISTANCE PROGRAM amounts described in section 4002(d), or com- shall be available after submission of a five- SEC. 311. EXTENSION OF EMERGENCY UNEM- mences receiving the amounts described in year budget by the Corporation and approval PLOYMENT COMPENSATION PRO- subsection 4002(e), whichever occurs first. by the Secretary of Commerce, in consulta- GRAM. Such services and activities shall be pro- tion with the Secretary of Homeland Secu- (a) IN GENERAL.—Section 4007 of the Sup- vided by the staff of the State agency re- rity, Director of the Office of Management plemental Appropriations Act, 2008 (Public sponsible for administration of the State un- and Budget and Attorney General of the Law 110–252; 26 U.S.C. 3304 note), is amend- employment compensation law or the Wag- ed— United States. ner-Peyser Act from funds available pursu- (1) by striking ‘‘January 3, 2012’’ each place (5) PUBLIC SAFETY RESEARCH AND DEVELOP- ant to section 4004(c)(2) and may also be pro- it appears and inserting ‘‘January 3, 2013’’; MENT.—After approval by the Office of Man- vided from funds available under the Wag- (2) in the heading for subsection (b)(2), by agement and Budget of a spend plan devel- ner-Peyser Act. striking ‘‘January 3, 2012’’ and inserting oped by the Director of NIST, a Wireless In- ‘‘(2) DESCRIPTION OF SERVICES AND ACTIVI- ‘‘January 3, 2013’’; and novation (WIN) Fund of up to $300,000,000 TIES.—The reemployment services and in- (3) in subsection (b)(3), by striking ‘‘June 9, shall be made available for use by the Direc- person reemployment and eligibility assess- 2012’’ and inserting ‘‘June 8, 2013’’. tor of NIST to carry out the research pro- ment activities provided to individuals re- gram established under section 296 and be (b) FUNDING.—Section 4004(e)(1) of the Sup- plemental Appropriations Act, 2008 (Public ceiving emergency unemployment compensa- available until expended. If less than tion described in paragraph (1)— $300,000,000 is approved by the Office of Man- Law 110–252; 26 U.S.C. 3304 note), is amend- ed— ‘‘(A) shall include— agement and Budget, the remainder shall be ‘‘(i) the provision of labor market and ca- transferred to the Public Safety Broadband (1) in subparagraph (F), by striking ‘‘and’’ at the end; and reer information; Corporation established in section 284 and be ‘‘(ii) an assessment of the skills of the indi- available for duties set forth under section (2) by inserting after subparagraph (G) the following: vidual; 288 to deploy and operate a nationwide public ‘‘(iii) orientation to the services available safety interoperable broadband network. ‘‘(H) the amendments made by section 101 of the Supporting Unemployed Workers Act through the One-Stop centers established (6) DEFICIT REDUCTION.—Any amounts re- under title I of the Workforce Investment maining after the deduction of the amounts of 2011; and.’’. (c) EFFECTIVE DATE.—The amendments Act of 1998; required under paragraphs (1) through (5) made by this section shall take effect as if ‘‘(iv) job search counseling and the devel- shall be deposited in the General Fund of the included in the enactment of the Unemploy- opment or review of an individual reemploy- Treasury, where such amounts shall be dedi- ment Compensation Extension Act of 2010 ment plan that includes participation in job cated for the sole purpose of deficit reduc- (Public Law 111–205). search activities and appropriate workshops tion. SEC. 312. TEMPORARY EXTENSION OF EXTENDED and may include referrals to appropriate SEC. 298. FCC REPORT ON EFFICIENT USE OF BENEFIT PROVISIONS. training services; and PUBLIC SAFETY SPECTRUM. (a) IN GENERAL.—Section 2005 of the Assist- ‘‘(v) review of the eligibility of the indi- (a) IN GENERAL.—Not later than 180 days ance for Unemployed Workers and Strug- vidual for emergency unemployment com- after the date of the enactment of this sub- gling Families Act, as contained in Public pensation relating to the job search activi- title and every 2 years thereafter, the Com- Law 111–5 (26 U.S.C. 3304 note), is amended— ties of the individual; and mission shall, in consultation with the As- (1) by striking ‘‘January 4, 2012’’ each place ‘‘(B) may include the provision of— sistant Secretary and the Director of NIST, it appears and inserting ‘‘January 4, 2013’’; ‘‘(i) comprehensive and specialized assess- conduct a study and submit to the appro- (2) in the heading for subsection (b)(2), by ments; priate committees of Congress a report on striking ‘‘January 4, 2012’’ and inserting ‘‘(ii) individual and group career coun- the spectrum allocated for public safety use. ‘‘January 4, 2013’’; and seling; and

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.066 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5564 CONGRESSIONAL RECORD — SENATE September 13, 2011 ‘‘(iii) additional reemployment services. SEC. 314. FEDERAL-STATE AGREEMENTS TO AD- for such individual under section 4002(b) or ‘‘(3) PARTICIPATION REQUIREMENT.—As a MINISTER A SELF-EMPLOYMENT AS- to the extent that such individual com- condition of continuing eligibility for emer- SISTANCE PROGRAM. mences receiving the amounts described in gency unemployment compensation for any Section 4001 of the Supplemental Appro- subsections (c), (d), or (e) of such section, re- week, an individual who has been referred to priations Act, 2008 (Public Law 110–252; 26 spectively.’’. U.S.C. 3304 note), as amended by section 313, reemployment services or reemployment and SEC. 315. CONFORMING AMENDMENT ON PAY- eligibility assessment activities under this is further amended by inserting a new sub- MENT OF BRIDGE TO WORK WAGES. subsection shall participate, or shall have section (i) as follows: Section 4001 of the Supplemental Appro- ‘‘(i) AUTHORITY TO CONDUCT SELF-EMPLOY- completed participation in, such services or priations Act, 2008 (Public Law 110–252; 26 MENT ASSISTANCE PROGRAM.— activities, unless the State agency respon- U.S.C. 3304 note), as amended by section 103, ‘‘(1) IN GENERAL.— sible for the administration of State unem- is further amended by inserting a new sub- ‘‘(A) ESTABLISHMENT.—Any agreement ployment compensation law determines that section (j) as follows: under subsection (a) may provide that the there is justifiable cause for failure to par- ‘‘(j) AUTHORIZATION TO PAY WAGES FOR State agency of the State shall establish a ticipate or complete such services or activi- PURPOSES OF A BRIDGE TO WORK PROGRAM.— self-employment assistance program de- ties, as defined in guidance to be issued by Any State that establishes a Bridge to Work scribed in paragraph (2), to provide for the the Secretary of Labor.’’. program under section 204 of the Supporting payment of emergency unemployment com- (2) ISSUANCE OF GUIDANCE.—Not later than Unemployed Workers Act of 2011 is author- pensation as self-employment assistance al- 30 days after the date of enactment of this ized to deduct from an emergency unemploy- lowances to individuals who meet the eligi- Act, the Secretary shall issue guidance on ment compensation account established for bility criteria specified in subsection (b). the implementation of the reemployment such individual under section 4002 such sums ‘‘(B) PAYMENT OF ALLOWANCES.—The self- services and reemployment and eligibility as may be necessary to pay wages for such employment assistance allowance described assessments activities required to be pro- individual as authorized under section in subparagraph (A) shall be paid for up to 26 vided under the amendments made by para- 204(b)(1) of such Act.’’. weeks to an eligible individual from such in- graph (1). SEC. 316. ADDITIONAL EXTENDED UNEMPLOY- (b) FUNDING.— dividual’s emergency unemployment com- MENT BENEFITS UNDER THE RAIL- (1) IN GENERAL.—Section 4004(c) of the Sup- pensation account described in section 4002, ROAD UNEMPLOYMENT INSURANCE plemental Appropriations Act, 2008 (Public and the amount in such account shall be re- ACT. Law 110–252; 26 U.S.C. 3304 note), is amend- duced accordingly. (a) EXTENSION.—Section 2(c)(2)(D)(iii) of ed— ‘‘(2) DEFINITION OF ‘SELF-EMPLOYMENT AS- the Railroad Unemployment Insurance Act, (A) by striking ‘‘There’’ and inserting ‘‘(1) SISTANCE PROGRAM’.—For the purposes of this as added by section 2006 of the American Re- ADMINISTRATION.—There’’; and title, the term ‘self-employment assistance covery and Reinvestment Act of 2009 (Public (B) by inserting the following new para- program’ means a program as defined under Law 111–5) and as amended by section 9 of graph: section 3306(t) of the Internal Revenue Code the Worker, Homeownership, and Business ‘‘(2) REEMPLOYMENT SERVICES AND REEM- of 1986 (26 U.S.C. 3306(t)), except as follows: Assistance Act of 2009 (Public Law 111–92), is PLOYMENT AND ELIGIBILITY ASSESSMENT AC- ‘‘(A) all references to ‘regular unemploy- amended— TIVITIES.— ment compensation under the State law’ (1) by striking ‘‘June 30, 2011’’ and insert- ‘‘(A) APPROPRIATION.—There are appro- shall be deemed to refer instead to ‘emer- ing ‘‘June 30, 2012’’; and priated from the general fund of the Treas- gency unemployment compensation under (2) by striking ‘‘December 31, 2011’’ and in- ury, without fiscal year limitation, out of title IV of the Supplemental Appropriations serting ‘‘December 31, 2012’’. the employment security administration ac- Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 (b) CLARIFICATION ON AUTHORITY TO USE count as established by section 901(a) of the note)’; FUNDS.—Funds appropriated under either the Social Security Act, such sums as deter- ‘‘(B) paragraph (3)(B) shall not apply; first or second sentence of clause (iv) of sec- mined by the Secretary of Labor in accord- ‘‘(C) clause (i) of paragraph (3)(C) shall be tion 2(c)(2)(D) of the Railroad Unemploy- ance with subparagraph (B) to assist States deemed to state as follows: ment Insurance Act shall be available to in providing reemployment services and re- ‘‘ ‘(i) include any entrepreneurial training cover the cost of additional extended unem- employment and eligibility assessment ac- that the State may provide in coordination ployment benefits provided under such sec- tivities described in section 4001(h)(2). with programs of training offered by the tion 2(c)(2)(D) by reason of the amendments ‘‘(B) DETERMINATION OF TOTAL AMOUNT.— Small Business Administration, which may made by subsection (a) as well as to cover The amount referred to in subparagraph (A) include business counseling, mentorship for the cost of such benefits provided under such is the amount the Secretary estimates is participants, access to small business devel- section 2(c)(2)(D), as in effect on the day be- equal to— opment resources, and technical assistance; fore the date of the enactment of this Act. ‘‘(i) the number of individuals who will re- and;’; PART II—REEMPLOYMENT NOW ceive reemployment services and reemploy- ‘‘(D) the reference to ‘5 percent’ in para- PROGRAM ment eligibility and assessment activities graph (4) shall be deemed to refer instead to SEC. 321. ESTABLISHMENT OF REEMPLOYMENT described in section 4001(h)(2) in all States ‘1 percent’; and NOW PROGRAM. through the date specified in section ‘‘(E) paragraph (5) shall not apply. (a) IN GENERAL.—There is hereby estab- 4007(b)(3), multiplied by ‘‘(3) AVAILABILITY OF SELF-EMPLOYMENT AS- lished the Reemployment NOW program to ‘‘(ii) $200. SISTANCE ALLOWANCES.—In the case of an in- be carried out by the Secretary of Labor in ‘‘(C) DISTRIBUTION AMONG STATES.—Of the dividual who has received any emergency un- accordance with this part in order to facili- amounts appropriated under subparagraph employment compensation payment under tate the reemployment of individuals who (A), the Secretary of Labor shall distribute this title, such individual shall not receive are receiving emergency unemployment amounts to each State, in accordance with self-employment assistance allowances compensation under title IV of the Supple- section 4003(c), that the Secretary estimates under this subsection unless the State agen- mental Appropriations Act, 2008 (Public Law is equal to— cy has a reasonable expectation that such in- 110–252; 26 U.S.C. 3304 note) (hereafter in this ‘‘(i) the number of individuals who will re- dividual will be entitled to at least 26 times part referred to as ‘‘EUC claimants’’). ceive reemployment services and reemploy- the individual’s average weekly benefit (b) AUTHORIZATION AND APPROPRIATION.— ment and eligibility assessment activities amount of emergency unemployment com- There are authorized to be appropriated and described in section 4001(h)(2) in such State pensation. appropriated from the general fund of the through the date specified in section ‘‘(4) PARTICIPANT OPTION TO TERMINATE Treasury for fiscal year 2012 $4,000,000,000 to 4007(b)(3), multiplied by PARTICIPATION IN SELF-EMPLOYMENT ASSIST- carry out the Reemployment NOW program ‘‘(ii) $200.’’. ANCE PROGRAM.— under this part. (2) TRANSFER OF FUNDS.—Section 4004(e) of ‘‘(A) TERMINATION.—An individual who is SEC. 322. DISTRIBUTION OF FUNDS. the Supplemental Appropriations Act, 2008 participating in a State’s self -employment (a) IN GENERAL.—Of the funds appropriated (Public Law 110–252; 26 U.S.C. 3304 note), is assistance program may opt to discontinue under section 321(b) to carry out this part, amended— participation in such program. the Secretary of Labor shall— (A) in paragraph (2), by striking the period ‘‘(B) CONTINUED ELIGIBILITY FOR EMERGENCY (1) reserve up to 1 percent for the costs of and inserting ‘‘; and’’; and UNEMPLOYMENT COMPENSATION.—An indi- Federal administration and for carrying out (B) by inserting the following paragraph vidual whose participation in the self-em- rigorous evaluations of the activities con- (3): ployment assistance program is terminated ducted under this part; and ‘‘(3) to the employment security adminis- as described in paragraph (1) or who has com- (2) allot the remainder of the funds not re- tration account (as established by section pleted participation in such program, and served under paragraph (1) in accordance 901(a) of the Social Security Act) such sums who continues to meet the eligibility re- with the requirements of subsection (b) and as the Secretary of Labor determines to be quirements for emergency unemployment (c) to States that have approved plans under necessary in accordance with subsection compensation under this title, shall receive section 323. (c)(2) to assist States in providing reemploy- emergency unemployment compensation (b) ALLOTMENT FORMULA.— ment services and reemployment eligibility payments with respect to subsequent weeks (1) FORMULA FACTORS.—The Secretary of and assessment activities described in sec- of unemployment, to the extent that Labor shall allot the funds available under tion 4001(h)(2).’’. amounts remain in the account established subsection (a)(2) as follows:

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.067 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5565 (A) two-thirds of such funds shall be allot- participates in any of the programs author- (B) State requirements applied under such ted on the basis of the relative number of un- ized under this part; and act relating to disqualifying income regard- employed individuals in each State, com- (7) assurances that the State will report ing wages earned shall not apply to such in- pared to the total number of unemployed in- such information as the Secretary may re- dividuals who participate for at least 25 dividuals in all States; quire relating to fiscal, performance and hours per week in the program described in (B) one-third of such funds shall be allotted other matters, including employment out- subsection (b), and shall not apply with re- on the basis of the relative number of indi- comes and effects, which the Secretary de- spect to— viduals in each State who have been unem- termines are necessary to effectively mon- (i) the wages described under subsection ployed for 27 weeks or more, compared to the itor the activities carried out under this (b); and total number of individuals in all States who part. (ii) any wages, in addition to those de- have been unemployed for 27 weeks or more. (b) PLAN SUBMISSION AND APPROVAL.—A scribed under subsection (b), whether paid by (2) CALCULATION.—For purposes of para- State plan under this section shall be sub- a State or a participating employer for the graph (1), the number of unemployed individ- mitted to the Secretary of Labor for ap- same work activities; uals and the number of individuals unem- proval not later than 30 days after the Sec- (C) State prohibitions or limitations ap- ployed for 27 weeks or more shall be based on retary issues guidance relating to submis- plied under such Act relating to employment the data for the most recent 12-month pe- sion of such plan. The Secretary shall ap- status shall not apply to such individuals prove such plans if the Secretary determines riod, as determined by the Secretary. who participate in the program described in that the plans meet the requirements of this (c) REALLOTMENT.— subsection (b); and part and are appropriate and adequate to (1) FAILURE TO SUBMIT STATE PLAN.—If a (D) State requirements applied under such carry out the purposes of this part. State does not submit a State plan by the Act relating to an individual’s acceptance of time specified in section 323(b), or a State (c) PLAN MODIFICATIONS.—A State may submit modifications to a State plan that an offer of employment shall not apply with does not receive approval of a State plan, the regard to an offer of long-term employment amount the State would have been eligible has been approved under this part, and the Secretary of Labor may approve such modi- from a participating employer made to such to receive pursuant to the formula under individual who is participating in the pro- subsection (b) shall be allotted to States fications, if the plan as modified would meet the requirements of this part and are appro- gram described in subsection (b) in a work that receive approval of the State plan under priate and adequate to carry out the pur- experience provided by such employer, where section 323 in accordance with the relative poses of this part. such long-term employment is expected to allotments of such States as determined by commence or commences at the conclusion the Secretary under subsection (b). SEC. 324. BRIDGE TO WORK PROGRAM. (a) IN GENERAL.—A State may use funds al- of the duration specified in paragraph (4)(A); (2) FAILURE TO IMPLEMENT ACTIVITIES ON A lotted to the State under this part to estab- (4) the program shall be structured so that TIMELY BASIS.—The Secretary of Labor may, lish and administer a Bridge to Work pro- individuals described in paragraph (1) may in accordance with procedures and criteria gram described in this section. participate in the program for up to— established by the Secretary, recapture the (b) DESCRIPTION OF PROGRAM.—In order to (A) 8 weeks, and portion of the State allotment under this increase individuals’ opportunities to move (B) 38 hours for each such week; part that remains unobligated if the Sec- to permanent employment, a State may es- (5) a State shall ensure that all individuals retary determines such funds are not being tablish a Bridge to Work program to provide participating in the program are covered by obligated at a rate sufficient to meet the an EUC claimant with short-term work expe- a workers’ compensation insurance program; purposes of this part. The Secretary shall rience placements with an eligible employer, and reallot such recaptured funds to other States during which time such individual— (6) the program meets such other require- that are not subject to recapture in accord- (1) shall be paid emergency unemployment ments as the Secretary of Labor determines ance with the relative share of the allot- compensation payable under title IV of the to be appropriate in guidance issued by the ments of such States as determined by the Supplemental Appropriations Act, 2008 (Pub- Secretary. Secretary under subsection (b). lic Law 110–252; 26 U.S.C. 3304 note), as wages (d) STATE REQUIREMENTS.— (3) RECAPTURE OF FUNDS.—Funds recap- for work performed, and as specified in sub- (1) CERTIFICATION OF ELIGIBLE EMPLOYER.— tured under paragraph (2) shall be available section (c); for reobligation not later than December 31, (2) shall be paid the additional amount de- A State may certify as eligible for participa- 2012. scribed in subsection (e) as augmented wages tion in the program under this section any SEC. 323. STATE PLAN. for work performed; and employer that meets the eligibility criteria (a) IN GENERAL.—For a State to be eligible (3) may be paid compensation in addition as established in guidance by the Secretary to receive an allotment under section 322, a to the amounts described in paragraphs (1) of Labor, except that an employer shall not State shall submit to the Secretary of Labor and (2) by a State or by a participating em- be certified as eligible for participation in a State plan in such form and containing ployer as wages for work performed. the program described under subsection (b)— such information as the Secretary may re- (c) PROGRAM ELIGIBILITY AND OTHER RE- (A) if such employer— quire, which at a minimum shall include: QUIREMENTS.—For purposes of this program— (i) is a Federal, State, or local government (1) a description of the activities to be car- (1) individuals who, except for the require- entity; ried out by the State to assist in the reem- ments described in paragraph (3), are eligible (ii) would engage an eligible individual in ployment of eligible individuals to be served to receive emergency unemployment com- work activities under any employer’s grant, in accordance with this part, including pensation payments under title IV of the contract, or subcontract with a Federal, which of the activities authorized in sections Supplemental Appropriations Act, 2008 (Pub- State, or local government entity, except 324–328 the State intends to carry out and an lic Law 110–252; 26 U.S.C. 3304 note), and who with regard to work activities under any em- estimate of the amounts the State intends to choose to participate in the program de- ployer’s supply contract or subcontract; allocate to the activities, respectively; scribed in subsection (b), shall receive such (iii) is delinquent with respect to any taxes (2) a description of the performance out- payments as wages for work performed dur- or employer contributions described under comes to be achieved by the State through ing their voluntary participation in the pro- sections 3301 and 3303(a)(1) of the Internal the activities carried out under this part, in- gram described under subsection (b); Revenue Code of 1986 or with respect to any cluding the employment outcomes to be (2) the wages payable to individuals de- related reporting requirements; achieved by participants and the processes scribed in paragraph (1) shall be paid from (iv) is engaged in the business of supplying the State will use to track performance, con- the emergency unemployment compensation workers to other employers and would par- sistent with guidance provided by the Sec- account for such individual as described in ticipate in the program for the purpose of retary of Labor regarding such outcomes and section 4002 of the Supplemental Appropria- supplying individuals participating in the processes; tions Act, 2008 (Public Law 110–252; 26 U.S.C. program to other employers; or (3) a description of coordination of activi- 3304 note), and the amount in such individ- (v) has previously participated in the pro- ties to be carried out under this part with ual’s account shall be reduced accordingly; gram and the State has determined that activities under title I of the Workforce In- (3) The wages payable to an individual de- such employer has failed to abide by any of vestment Act of 1998, the Wagner-Peyser scribed in paragraph (1) shall be payable in the requirements specified in subsections (h), Act, and other appropriate Federal pro- the same amount, at the same interval, on (i), or (j), or by any other requirements that grams; the same terms, and subject to the same con- the Secretary may establish for employers (4) the timelines for implementation of the ditions under title IV of the Supplemental under subsection (c)(6); and activities described in the plan and the num- Appropriations Act, 2008 (Public Law 110–252; (B) unless such employer provides assur- ber of EUC claimants expected to be enrolled 26 U.S.C. 3304 note), except that— ances that it has not displaced existing in such activities by quarter; (A) State requirements applied under such workers pursuant to the requirements of (5) assurances that the State will partici- Act relating to availability for work and ac- subsection (h). pate in the evaluation activities carried out tive search for work are not applicable to (2) AUTHORIZED ACTIVITIES.—Funds allotted by the Secretary of Labor under this section; such individuals who participate for at least to a State under this part for the program— (6) assurances that the State will provide 25 hours per week in the program described (A) shall be used to— appropriate reemployment services, includ- in subsection (b) for the duration of such in- (i) recruit employers for participation in ing counseling, to any EUC claimant who dividual’s participation in the program; the program;

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.068 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5566 CONGRESSIONAL RECORD — SENATE September 13, 2011 (ii) review and certify employers identified (A) any other individual is on layoff from respect to any participating employer under by eligible individuals seeking to participate the same or any substantially equivalent po- this section. in the program; sition; (n) TREATMENT OF PAYMENTS.—All wages (iii) ensure that reemployment and coun- (B) the employer has terminated the em- or other payments to an individual under seling services are available for program par- ployment of any employee or otherwise re- this section shall be treated as payments of ticipants, including services describing the duced the workforce of the employer with unemployment insurance for purposes of sec- program under subsection (b), prior to an in- the intention of filling or partially filling tion 209 of the Social Security Act (42 U.S.C. dividual’s participation in such program; the vacancy so created with the work activi- 409) and for purposes of subtitle A and sec- (iv) establish and implement processes to ties to be performed by a program partici- tions 3101 and 3111 of the Internal Revenue monitor the progress and performance of in- pant; Code of 1986. dividual participants for the duration of the (C) there is a strike or lock out at the SEC. 325. WAGE INSURANCE. program; worksite that is the participant’s place of (a) IN GENERAL.—A State may use the (v) prevent misuse of the program; and employment; or funds allotted to the State under this part to (vi) pay augmented wages to eligible indi- (D) the job is created in a manner that will provide a wage insurance program for EUC viduals, if necessary, as described in sub- infringe in any way upon the promotional claimants. section (e); and opportunities of currently employed individ- (b) BENEFITS.—The wage insurance pro- gram provided under this section may use (B) may be used— uals (as of the date of the participation). funds allotted to the State under this part to (i) to pay workers’ compensation insurance (i) PROHIBITION ON IMPAIRMENT OF CON- pay, for a period not to exceed 2 years, to a premiums to cover all individuals partici- TRACTS.—An employer shall not, by means of worker described in subsection (c), up to 50 pating in the program, except that, if a State assigning work activities under this section, percent of the difference between— opts not to make such payments directly to impair an existing contract for services or a (1) the wages received by the worker at the a State administered workers’ compensation collective bargaining agreement, and no time of separation; and program, the State involved shall describe in such activity that would be inconsistent (2) the wages received by the worker for re- the approved State plan the means by which with the terms of a collective bargaining employment. such State shall ensure workers’ compensa- agreement shall be undertaken without the (c) INDIVIDUAL ELIGIBILITY.—The benefits tion or equivalent coverage for all individ- written concurrence of the labor organiza- described in subsection (b) may be paid to an uals who participate in the program; tion that is signatory to the collective bar- individual who is an EUC claimant at the (ii) to pay compensation to a participating gaining agreement. time such individual obtains reemployment individual that is in addition to the amounts (j) LIMITATION ON EMPLOYER PARTICIPA- and who— described in subsections (c)(1) and (e) as TION.—If, after 24 weeks of participation in (1) is at least 50 years of age; wages for work performed; the program, an employer has not made an (2) earns not more than $50,000 per year in (iii) to provide supportive services, such as offer of suitable long-term employment to wages from reemployment; transportation, child care, and dependent any individual described under subsection (3) is employed on a full-time basis as de- care, that would enable individuals to par- (c)(1) who was placed with such employer and fined by the law of the State; and ticipate in the program; has completed the program, a State shall bar (4) is not employed by the employer from such employer from further participation in (iv) for the administration and oversight of which the individual was last separated. the program; and the program. States may impose additional (d) TOTAL AMOUNT OF PAYMENTS.—A State (v) to fulfill additional program require- conditions on participating employers to en- shall establish a maximum amount of pay- ments included in the approved State plan. sure that an appropriate number of partici- ments per individual for purposes of pay- (e) PAYMENT OF AUGMENTED WAGES IF NEC- pants receive offers of suitable long term ments described in subsection (b) during the ESSARY.—In the event that the wages de- employment. eligibility period described in such sub- scribed in subsection (c)(1) are not sufficient (k) FAILURE TO MEET PROGRAM REQUIRE- section. to equal or exceed the minimum wages that MENTS.—If a State makes a determination (e) NON-DISCRIMINATION REGARDING based on information provided to the State, are required to be paid by an employer under WAGES.—An employer shall not pay a worker or acquired by the State by means of its ad- section 6(a)(1) of the Fair Labor Standards described in subsection (c) less than such em- ministration and oversight functions, that a Act of 1938 (29 U.S.C. 206(a)(1)) or the applica- ployer pays to a regular worker in the same participating employer under this section ble State or local minimum wage law, which- or substantially equivalent position. has violated a requirement of this section, ever is higher, a State shall pay augmented SEC. 326. ENHANCED REEMPLOYMENT STRATE- the State shall bar such employer from fur- wages to a program participant in any GIES. ther participation in the program. The State amount necessary to cover the difference be- (a) IN GENERAL.—A State may use funds al- shall establish a process whereby an indi- tween— lotted under this part to provide a program vidual described in subsection (c)(1), or any (1) such minimum wages amount; and of enhanced reemployment services to EUC other affected individual or entity, may file claimants. In addition to the provision of (2) the wages payable under subsection a complaint with the State relating to a vio- (c)(1). services to such claimants, the program may lation of any requirement or prohibition include the provision of reemployment serv- (f) EFFECT OF WAGES ON ELIGIBILITY FOR under this section. ices to individuals who are unemployed and OTHER PROGRAMS.—None of the wages paid (l) PARTICIPANT OPTION TO TERMINATE PAR- have exhausted their rights to emergency under this section shall be considered as in- TICIPATION IN BRIDGE TO WORK PROGRAM.— unemployment compensation under title IV come for the purposes of determining eligi- (1) TERMINATION.—An individual who is of the Supplemental Appropriations Act, bility for and the amount of income transfer participating in a program described in sub- 2008, (Public Law 110–252; 26 U.S.C. 3304 note). and in-kind aid furnished under any Federal section (b) may opt to discontinue participa- The program shall provide reemployment or Federally assisted program based on need. tion in such program. services that are more intensive than the re- (g) EFFECT OF WAGES, WORK ACTIVITIES, (2) CONTINUED ELIGIBILITY FOR EMERGENCY employment services provided by the State AND PROGRAM PARTICIPATION ON CONTINUING UNEMPLOYMENT COMPENSATION.—An indi- prior to the receipt of the allotment under ELIGIBILITY FOR EMERGENCY UNEMPLOYMENT vidual who opts to discontinue participation this part. COMPENSATION.—Any wages paid under this in such program, is terminated from such (b) TYPES OF SERVICES.—The enhanced re- section and any additional wages paid by an program by a participating employer, or who employment services described in subsection employer to an individual described in sub- has completed participation in such pro- (a) may include services such as— section (c)(1), and any work activities per- gram, and who continues to meet the eligi- (1) assessments, counseling, and other in- formed by such individual as a participant in bility requirements for emergency unem- tensive services that are provided by staff on the program, shall not be construed so as to ployment compensation under title IV of the a one-to-one basis and may be customized to render such individual ineligible to receive Supplemental Appropriations Act, 2008 (Pub- meet the reemployment needs of EUC claim- emergency unemployment compensation lic Law 110–252; 26 U.S.C. 3304 note), shall re- ants and individuals described in subsection under title IV of the Supplemental Appro- ceive emergency unemployment compensa- (a); priations Act, 2008 (Public Law 110–252; 26 tion payments with respect to subsequent (2) comprehensive assessments designed to U.S.C. 3304 note). weeks of unemployment, to the extent that identify alternative career paths; (h) NONDISPLACEMENT OF EMPLOYEES.— amounts remain in the account established (3) case management; (1) PROHIBITION.—An employer shall not for such individual under section 4002(b) of (4) reemployment services that are pro- use a program participant to displace (in- such Act or to the extent that such indi- vided more frequently and more intensively cluding a partial displacement, such as a re- vidual commences receiving the amounts de- than such reemployment services have pre- duction in the hours of non-overtime work, scribed in subsections (c), (d), or (e) of such viously been provided by the State; and wages, or employment benefits) any current section, respectively. (5) services that are designed to enhance employee (as of the date of the participa- (m) EFFECT OF OTHER LAWS.—Unless other- communication skills, interviewing skills, tion). wise provided in this section, nothing in this and other skills that would assist in obtain- (2) OTHER PROHIBITIONS.—An employer section shall be construed to alter or affect ing reemployment. shall not permit a program participant to the rights or obligations under any Federal, SEC. 327. SELF-EMPLOYMENT PROGRAMS. perform work activities related to any job State, or local laws with respect to any indi- A State may use funds allotted to the for which— vidual described in subsection (c)(1) and with State under this part, in an amount specified

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.070 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5567 under an approved State plan, for the admin- SEC. 331. STATE. law that are determined to be appropriate istrative costs associated with starting up For purposes of this part, the term ‘‘State’’ for purposes of a short-time compensation the self-employment assistance program de- has the meaning given that term in section program.’’. scribed in section 4001(i) of the Supplemental 205 of the Federal-State Extended Unemploy- (2) EFFECTIVE DATE.—Subject to paragraph Appropriations Act, 2008, (Public Law 110– ment Compensation Act of 1970 (26 U.S.C. (3), the amendment made by paragraph (1) 252; 26 U.S.C. 3304 note). 3304 note). shall take effect on the date of the enact- SEC. 328. ADDITIONAL INNOVATIVE PROGRAMS. PART III—SHORT-TIME COMPENSATION ment of this Act. (3) TRANSITION PERIOD FOR EXISTING PRO- (a) IN GENERAL.—A State may use funds al- PROGRAM GRAMS.—In the case of a State that is admin- lotted under this part to provide a program SEC. 341. TREATMENT OF SHORT-TIME COM- PENSATION PROGRAMS. istering a short-time compensation program for innovative activities, which use a strat- as of the date of the enactment of this Act (a) DEFINITION.— egy that is different from the reemployment and the State law cannot be administered (1) IN GENERAL.—Section 3306 of the Inter- strategies described in sections 324–327 and consistent with the amendment made by nal Revenue Code of 1986 (26 U.S.C. 3306) is which are designed to facilitate the reem- paragraph (1), such amendment shall take ef- amended by adding at the end the following ployment of EUC claimants. In addition to fect on the earlier of— new subsection: the provision of activities to such claimants, (A) the date the State changes its State ‘‘(v) SHORT-TIME COMPENSATION PRO- the program may include the provision of ac- law in order to be consistent with such GRAM.—For purposes of this chapter, the tivities to individuals who are unemployed amendment; or term ‘short-time compensation program’ and have exhausted their rights to emer- (B) the date that is 2 years and 6 months means a program under which— gency unemployment compensation under after the date of the enactment of this Act. ‘‘(1) the participation of an employer is title IV of the Supplemental Appropriations (b) CONFORMING AMENDMENTS.— voluntary; Act, 2008, (Public Law 110–252; 26 U.S.C. 3304 (1) INTERNAL REVENUE CODE OF 1986.— note). ‘‘(2) an employer reduces the number of (A) Subparagraph (E) of section 3304(a)(4) hours worked by employees in lieu of layoffs; (b) CONDITIONS.—The innovative activities of the Internal Revenue Code of 1986 is approved in accordance with subsection (a)— ‘‘(3) such employees whose workweeks have amended to read as follows: (1) shall directly benefit EUC claimants been reduced by at least 10 percent, and by ‘‘(E) amounts may be withdrawn for the and, if applicable, individuals described in not more than the percentage, if any, that is payment of short-time compensation under a subsection (a), either as a benefit paid to determined by the State to be appropriate short-time compensation program (as de- such claimant or individual or as a service (but in no case more than 60 percent), are eli- fined under section 3306(v));’’. provided to such claimant or individual; gible for unemployment compensation; (B) Subsection (f) of section 3306 of the In- (2) shall not result in a reduction in the du- ‘‘(4) the amount of unemployment com- ternal Revenue Code of 1986 is amended— ration or amount of, emergency unemploy- pensation payable to any such employee is a (i) by striking paragraph (5) (relating to ment compensation for which EUC claimants pro rata portion of the unemployment com- short-time compensation) and inserting the would otherwise be eligible; pensation which would otherwise be payable following new paragraph: (3) shall not include a reduction in the du- to the employee if such employee were to- ‘‘(5) amounts may be withdrawn for the ration, amount of or eligibility for regular tally unemployed from the participating em- payment of short-time compensation under a compensation or extended benefits; ployer; short-time compensation program (as de- (4) shall not be used to displace (including ‘‘(5) such employees meet the availability fined in subsection (v)); and’’; and a partial displacement, such as a reduction for work and work search test requirements (ii) by redesignating paragraph (5) (relat- in the hours of non-overtime work, wages, or while collecting short-time compensation ing to self-employment assistance program) employment benefits) any currently em- benefits, by being available for their work- as paragraph (6). ployed employee (as of the date of the par- week as required by their participation in (2) SOCIAL SECURITY ACT.—Section 303(a)(5) ticipation) or allow a program participant to the short-time compensation program; of the Social Security Act is amended by perform work activities related to any job ‘‘(6) eligible employees may participate, as striking ‘‘the payment of short-time com- for which— appropriate, in training (including employer- pensation under a plan approved by the Sec- (A) any other individual is on layoff from sponsored training or worker training funded retary of Labor’’ and inserting ‘‘the payment the same or any substantially equivalent under the Workforce Investment Act of 1998) of short-time compensation under a short- job; to enhance job skills if such program has time compensation program (as defined in (B) the employer has terminated the em- been approved by the State agency; section 3306(v) of the Internal Revenue Code ployment of any regular employee or other- ‘‘(7) the State agency shall require employ- of 1986)’’. wise reduced the workforce of the employer ers to certify that if the employer provides (3) UNEMPLOYMENT COMPENSATION AMEND- with the intention of filling or partially fill- health benefits and retirement benefits MENTS OF 1992.—Subsections (b) through (d) of ing the vacancy so created with the work ac- under a defined benefit plan (as defined in section 401 of the Unemployment Compensa- tivities to be performed by a program partic- section 414(j)) or contributions under a de- tion Amendments of 1992 (26 U.S.C. 3304 note) ipant; fined contribution plan (as defined in section are repealed. (C) there is a strike or lock out at the 414(i)) to any employee whose workweek is SEC. 342. TEMPORARY FINANCING OF SHORT- worksite that is the participant’s place of reduced under the program that such bene- TIME COMPENSATION PAYMENTS IN employment; or fits will continue to be provided to employ- STATES WITH PROGRAMS IN LAW. (D) the job is created in a manner that will ees participating in the short-time com- (a) PAYMENTS TO STATES.— infringe in any way upon the promotional pensation program under the same terms and (1) IN GENERAL.—Subject to paragraph (3), opportunities of currently employed individ- conditions as though the workweek of such there shall be paid to a State an amount uals (as of the date of the participation); employee had not been reduced or to the equal to 100 percent of the amount of short- (5) shall not be in violation of any Federal, same extent as other employees not partici- time compensation paid under a short-time State, or local law. pating in the short-time compensation pro- compensation program (as defined in section gram, subject to other requirements in this 3306(v) of the Internal Revenue Code of 1986, SEC. 329. GUIDANCE AND ADDITIONAL REQUIRE- section; as added by section 341(a)) under the provi- MENTS. ‘‘(8) the State agency shall require an em- sions of the State law. The Secretary of Labor may establish ployer to submit a written plan describing (2) TERMS OF PAYMENTS.—Payments made through guidance, without regard to the re- the manner in which the requirements of to a State under paragraph (1) shall be pay- quirements of section 553 of title 5, United this subsection will be implemented (includ- able by way of reimbursement in such States Code, such additional requirements, ing a plan for giving advance notice, where amounts as the Secretary estimates the including requirements regarding the allot- feasible, to an employee whose workweek is State will be entitled to receive under this ment, recapture, and reallotment of funds, to be reduced) together with an estimate of section for each calendar month, reduced or and reporting requirements, as the Secretary the number of layoffs that would have oc- increased, as the case may be, by any determines to be necessary to ensure fiscal curred absent the ability to participate in amount by which the Secretary finds that integrity, effective monitoring, and appro- short-time compensation and such other in- the Secretary’s estimates for any prior cal- priate and prompt implementation of the ac- formation as the Secretary of Labor deter- endar month were greater or less than the tivities under this Act. mines is appropriate; amounts which should have been paid to the SEC. 330. REPORT OF INFORMATION AND EVAL- ‘‘(9) in the case of employees represented State. Such estimates may be made on the UATIONS TO CONGRESS AND THE by a union as the sole and exclusive rep- basis of such statistical, sampling, or other PUBLIC. resentative, the appropriate official of the method as may be agreed upon by the Sec- The Secretary of Labor shall provide to the union has agreed to the terms of the employ- retary and the State agency of the State in- appropriate Committees of the Congress and er’s written plan and implementation is con- volved. make available to the public the information sistent with employer obligations under the (3) LIMITATIONS ON PAYMENTS.— reported pursuant to section 329 and the applicable Federal laws; and (A) GENERAL PAYMENT LIMITATIONS.—No evaluations of activities carried out pursu- ‘‘(10) upon request by the State and ap- payments shall be made to a State under ant to the funds reserved under section proval by the Secretary of Labor, only such this section for short-time compensation 322(a)(1). other provisions are included in the State paid to an individual by the State during a

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.071 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5568 CONGRESSIONAL RECORD — SENATE September 13, 2011 benefit year in excess of 26 times the amount nal Revenue Code of 1986, as added by section ginning after the effective date of such State of regular compensation (including depend- 341(a). law; and ents’ allowances) under the State law pay- (2) LIMITATIONS ON PLANS.— (2) subject to paragraphs (1)(B) and (2) of able to such individual for a week of total (A) GENERAL PAYMENT LIMITATIONS.—A section 342(b), shall be eligible to receive unemployment. short-time compensation plan approved by a payments under section 342 after the effec- (B) EMPLOYER LIMITATIONS.—No payments State shall not permit the payment of short- tive date of such State law. shall be made to a State under this section time compensation to an individual by the (f) DEFINITIONS.—In this section: for benefits paid to an individual by the State during a benefit year in excess of 26 (1) SECRETARY.—The term ‘‘Secretary’’ State under a short-time compensation pro- times the amount of regular compensation means the Secretary of Labor. gram if such individual is employed by the (including dependents’ allowances) under the (2) STATE; STATE AGENCY; STATE LAW.—The participating employer on a seasonal, tem- State law payable to such individual for a terms ‘‘State’’, ‘‘State agency’’, and ‘‘State porary, or intermittent basis. week of total unemployment. law’’ have the meanings given those terms in (b) APPLICABILITY.— (B) EMPLOYER LIMITATIONS.—A short-time section 205 of the Federal-State Extended (1) IN GENERAL.—Payments to a State compensation plan approved by a State shall Unemployment Compensation Act of 1970 (26 under subsection (a) shall be available for not provide payments to an individual if U.S.C. 3304 note). weeks of unemployment— such individual is employed by the partici- (A) beginning on or after the date of the pating employer on a seasonal, temporary, SEC. 344. GRANTS FOR SHORT-TIME COMPENSA- enactment of this Act; and or intermittent basis. TION PROGRAMS. (B) ending on or before the date that is 3 (3) EMPLOYER PAYMENT OF COSTS.—Any (a) GRANTS.— years and 6 months after the date of the en- short-time compensation plan entered into (1) FOR IMPLEMENTATION OR IMPROVED AD- actment of this Act. by an employer must provide that the em- MINISTRATION.—The Secretary shall award (2) THREE-YEAR FUNDING LIMITATION FOR ployer will pay the State an amount equal to grants to States that enact short-time com- COMBINED PAYMENTS UNDER THIS SECTION AND one-half of the amount of short-time com- pensation programs (as defined in subsection SECTION 343.—States may receive payments pensation paid under such plan. Such (i)(2)) for the purpose of implementation or under this section and section 343 with re- amount shall be deposited in the State’s un- improved administration of such programs. spect to a total of not more than 156 weeks. employment fund and shall not be used for (2) FOR PROMOTION AND ENROLLMENT.—The (c) TWO-YEAR TRANSITION PERIOD FOR EX- purposes of calculating an employer’s con- Secretary shall award grants to States that ISTING PROGRAMS.—During any period that tribution rate under section 3303(a)(1) of the are eligible and submit plans for a grant the transition provision under section Internal Revenue Code of 1986. under paragraph (1) for such States to pro- 341(a)(3) is applicable to a State with respect (c) PAYMENTS TO STATES.— mote and enroll employers in short-time to a short-time compensation program, such (1) IN GENERAL.—There shall be paid to compensation programs (as so defined). State shall be eligible for payments under each State with an agreement under this sec- (3) ELIGIBILITY.— this section. Subject to paragraphs (1)(B) and tion an amount equal to— (A) IN GENERAL.—The Secretary shall de- (2) of subsection (b), if at any point after the (A) one-half of the amount of short-time termine eligibility criteria for the grants date of the enactment of this Act the State compensation paid to individuals by the under paragraph (1) and (2). enacts a State law providing for the payment State pursuant to such agreement; and (B) CLARIFICATION.—A State administering of short-time compensation under a short- (B) any additional administrative expenses a short-time compensation program, includ- time compensation program that meets the incurred by the State by reason of such ing a program being administered by a State definition of such a program under section agreement (as determined by the Secretary). that is participating in the transition under 3306(v) of the Internal Revenue Code of 1986, (2) TERMS OF PAYMENTS.—Payments made the provisions of sections 341(a)(3) and 342(c), as added by section 341(a), the State shall be to a State under paragraph (1) shall be pay- that does not meet the definition of a short- eligible for payments under this section able by way of reimbursement in such time compensation program under section after the effective date of such enactment. amounts as the Secretary estimates the 3306(v) of the Internal Revenue Code of 1986 (d) FUNDING AND CERTIFICATIONS.— State will be entitled to receive under this (as added by 341(a)), and a State with an (1) FUNDING.—There are appropriated, out section for each calendar month, reduced or agreement under section 343, shall not be eli- of moneys in the Treasury not otherwise ap- increased, as the case may be, by any gible to receive a grant under this section propriated, such sums as may be necessary amount by which the Secretary finds that until such time as the State law of the State for purposes of carrying out this section. the Secretary’s estimates for any prior cal- provides for payments under a short-time (2) CERTIFICATIONS.—The Secretary shall endar month were greater or less than the compensation program that meets such defi- from time to time certify to the Secretary of amounts which should have been paid to the nition and such law. the Treasury for payment to each State the State. Such estimates may be made on the (b) AMOUNT OF GRANTS.— sums payable to such State under this sec- basis of such statistical, sampling, or other (1) IN GENERAL.—The maximum amount tion. method as may be agreed upon by the Sec- available for making grants to a State under (e) DEFINITIONS.—In this section: retary and the State agency of the State in- paragraphs (1) and (2) shall be equal to the (1) SECRETARY.—The term ‘‘Secretary’’ volved. means the Secretary of Labor. amount obtained by multiplying $700,000,000 (3) FUNDING.—There are appropriated, out (less the amount used by the Secretary (2) STATE; STATE AGENCY; STATE LAW.—The of moneys in the Treasury not otherwise ap- terms ‘‘State’’, ‘‘State agency’’, and ‘‘State under subsection (e)) by the same ratio as propriated, such sums as may be necessary would apply under subsection (a)(2)(B) of sec- law’’ have the meanings given those terms in for purposes of carrying out this section. section 205 of the Federal-State Extended tion 903 of the Social Security Act (42 U.S.C. (4) CERTIFICATIONS.—The Secretary shall 1103) for purposes of determining such Unemployment Compensation Act of 1970 (26 from time to time certify to the Secretary of U.S.C. 3304 note). State’s share of any excess amount (as de- the Treasury for payment to each State the scribed in subsection (a)(1) of such section) SEC. 343. TEMPORARY FINANCING OF SHORT- sums payable to such State under this sec- TIME COMPENSATION AGREEMENTS. that would have been subject to transfer to tion. State accounts, as of October 1, 2010, under (a) FEDERAL-STATE AGREEMENTS.— (d) APPLICABILITY.— the provisions of subsection (a) of such sec- (1) IN GENERAL.—Any State which desires (1) IN GENERAL.—An agreement entered tion. to do so may enter into, and participate in, into under this section shall apply to weeks (2) AMOUNT AVAILABLE FOR DIFFERENT an agreement under this section with the of unemployment— GRANTS.—Of the maximum incentive pay- Secretary provided that such State’s law (A) beginning on or after the date on which ment determined under paragraph (1) with does not provide for the payment of short- such agreement is entered into; and respect to a State— time compensation under a short-time com- (B) ending on or before the date that is 2 (A) one-third shall be available for a grant pensation program (as defined in section years and 13 weeks after the date of the en- under subsection (a)(1); and 3306(v) of the Internal Revenue Code of 1986, actment of this Act. (B) two-thirds shall be available for a grant as added by section 341(a)). (2) TWO-YEAR FUNDING LIMITATION.—States under subsection (a)(2). (2) ABILITY TO TERMINATE.—Any State may receive payments under this section which is a party to an agreement under this with respect to a total of not more than 104 (c) GRANT APPLICATION AND DISBURSAL.— section may, upon providing 30 days’ written weeks. (1) APPLICATION.—Any State seeking a notice to the Secretary, terminate such (e) SPECIAL RULE.—If a State has entered grant under paragraph (1) or (2) of subsection agreement. into an agreement under this section and (a) shall submit an application to the Sec- (b) PROVISIONS OF FEDERAL-STATE AGREE- subsequently enacts a State law providing retary at such time, in such manner, and MENT.— for the payment of short-time compensation complete with such information as the Sec- (1) IN GENERAL.—Any agreement under this under a short-time compensation program retary may require. In no case may the Sec- section shall provide that the State agency that meets the definition of such a program retary award a grant under this section with of the State will make payments of short- under section 3306(v) of the Internal Revenue respect to an application that is submitted time compensation under a plan approved by Code of 1986, as added by section 341(a), the after December 31, 2014. the State. Such plan shall provide that pay- State— (2) NOTICE.—The Secretary shall, within 30 ments are made in accordance with the re- (1) shall not be eligible for payments under days after receiving a complete application, quirements under section 3306(v) of the Inter- this section for weeks of unemployment be- notify the State agency of the State of the

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.072 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5569 Secretary’s findings with respect to the re- law’’ have the meanings given those terms in (1) inserting ‘‘(J) qualified long term un- quirements for a grant under paragraph (1) section 205 of the Federal-State Extended employed individual’’ at the end of para- or (2) (or both) of subsection (a). Unemployment Compensation Act of 1970 (26 graph (d)(1); (3) CERTIFICATION.—If the Secretary finds U.S.C. 3304 note). (2) inserting a new paragraph after para- that the State law provisions meet the re- SEC. 345. ASSISTANCE AND GUIDANCE IN IMPLE- graph (10) as follows— quirements for a grant under subsection (a), MENTING PROGRAMS. ‘‘(11) Qualified long term unemployed indi- the Secretary shall thereupon make a cer- (a) IN GENERAL.—In order to assist States vidual. tification to that effect to the Secretary of in establishing, qualifying, and imple- ‘‘(A) IN GENERAL.—The term ‘qualified long the Treasury, together with a certification menting short-time compensation programs term unemployed individual’ means any in- as to the amount of the grant payment to be (as defined in section 3306(v) of the Internal dividual who was not a student for at least 6 transferred to the State account in the Un- Revenue Code of 1986, as added by section months during the 1-year period ending on employment Trust Fund (as established in 341(a)), the Secretary of Labor (in this sec- the hiring date and is certified by the des- section 904(a) of the Social Security Act (42 tion referred to as the ‘‘Secretary’’) shall— ignated local agency as having aggregate pe- U.S.C. 1104(a))) pursuant to that finding. The (1) develop model legislative language riods of unemployment during the 1-year pe- Secretary of the Treasury shall make the ap- which may be used by States in developing riod ending on the hiring date which equal or propriate transfer to the State account with- and enacting such programs and periodically exceed 6 months. in 7 days after receiving such certification. review and revise such model legislative lan- ‘‘(B) STUDENT.—For purposes of this sub- (4) REQUIREMENT.—No certification of com- guage; section, a student is an individual enrolled pliance with the requirements for a grant (2) provide technical assistance and guid- at least half-time in a program that leads to under paragraph (1) or (2) of subsection (a) ance in developing, enacting, and imple- a degree, certificate, or other recognized may be made with respect to any State menting such programs; educational credential for at least 6 months whose— (3) establish reporting requirements for whether or not consecutive during the 1-year (A) State law is not otherwise eligible for States, including reporting on— period ending on the hiring date.’’; and certification under section 303 of the Social (A) the number of estimated averted lay- (3) renumbering current paragraphs (11) Security Act (42 U.S.C. 503) or approvable offs; through (14) as paragraphs (12) through (15). under section 3304 of the Internal Revenue (B) the number of participating employers (c) SIMPLIFIED CERTIFICATION.—Section Code of 1986; or and workers; and 51(d) of the Internal Revenue Code is amend- (B) short-time compensation program is (C) such other items as the Secretary of ed by adding a new paragraph 16 as follows: subject to discontinuation or is not sched- Labor determines are appropriate. ‘‘(16) Credit allowed for qualified long term uled to take effect within 12 months of the (b) MODEL LANGUAGE AND GUIDANCE.—The unemployed individuals. certification. model language and guidance developed ‘‘(A) IN GENERAL.—Any qualified long term (d) USE OF FUNDS.—The amount of any under subsection (a) shall allow sufficient unemployed individual under paragraph (11) grant awarded under this section shall be flexibility by States and participating em- will be treated as certified by the designated used for the implementation of short-time ployers while ensuring accountability and local agency as having aggregate periods of compensation programs and the overall ad- program integrity. unemployment if— ministration of such programs and the pro- (c) CONSULTATION.—In developing the ‘‘(i) the individual is certified by the des- motion and enrollment efforts associated model legislative language and guidance ignated local agency as being in receipt of with such programs, such as through— under subsection (a), and in order to meet unemployment compensation under State or (1) the creation or support of rapid re- the requirements of subsection (b), the Sec- Federal law for not less than 6 months dur- sponse teams to advise employers about al- retary shall consult with employers, labor ing the 1-year period ending on the hiring ternatives to layoffs; organizations, State workforce agencies, and date. (2) the provision of education or assistance other program experts. ‘‘(B) REGULATORY AUTHORITY.—The Sec- to employers to enable them to assess the SEC. 346. REPORTS. retary in his discretion may provide alter- feasibility of participating in short-time (a) REPORT.— native methods for certification.’’. compensation programs; and (1) IN GENERAL.—Not later than 4 years (d) CREDIT MADE AVAILABLE TO TAX-EX- (3) the development or enhancement of sys- after the date of the enactment of this Act, EMPT EMPLOYERS IN CERTAIN CIR- tems to automate— the Secretary of Labor shall submit to Con- CUMSTANCES.—Section 52(c) of the Internal (A) the submission and approval of plans; gress and to the President a report or reports Revenue Code is amended— and on the implementation of the provisions of (1) by striking the word ‘‘No’’ at the begin- (B) the filing and approval of new and on- this Act. ning of the section and replacing it with going short-time compensation claims. (2) REQUIREMENTS.—Any report under para- ‘‘Except as provided in this subsection, no’’; (e) ADMINISTRATION.—The Secretary is au- graph (1) shall at a minimum include the fol- and thorized to use 0.25 percent of the funds lowing: (2) the following new paragraphs are in- available under subsection (g) to provide for (A) A description of best practices by serted at the end of section 52(c)— outreach and to share best practices with re- States and employers in the administration, ‘‘(1) IN GENERAL.—In the case of a tax-ex- spect to this section and short-time com- promotion, and use of short-time compensa- empt employer, there shall be treated as a pensation programs. tion programs (as defined in section 3306(v) credit allowable under subpart C (and not al- (f) RECOUPMENT.—The Secretary shall es- of the Internal Revenue Code of 1986, as lowable under subpart D) the lesser of— tablish a process under which the Secretary added by section 341(a)). ‘‘(A) the amount of the work opportunity shall recoup the amount of any grant award- (B) An analysis of the significant chal- credit determined under this subpart with ed under paragraph (1) or (2) of subsection (a) respect to such employer that is related to if the Secretary determines that, during the lenges to State enactment and implementa- the hiring of qualified long term unemployed 5-year period beginning on the first date that tion of short-time compensation programs. individuals described in subsection (d)(11); or any such grant is awarded to the State, the (C) A survey of employers in States that ‘‘(B) the amount of the payroll taxes of the State— have not enacted a short-time compensation employer during the calendar year in which (1) terminated the State’s short-time com- program or entered into an agreement with the taxable year begins. pensation program; or the Secretary on a short-time compensation ‘‘(2) CREDIT AMOUNT.—In calculating tax- (2) failed to meet appropriate requirements plan to determine the level of interest exempt employers, the work opportunity with respect to such program (as established among such employers in participating in credit shall be determined by substituting ‘26 by the Secretary). short-time compensation programs. percent’ for ‘40 percent’ in section 51(a) and (g) FUNDING.—There are appropriated, out (b) FUNDING.—There are appropriated, out of moneys in the Treasury not otherwise ap- of any moneys in the Treasury not otherwise by substituting ‘16.25 percent’ for ‘25 percent’ propriated, to the Secretary, $700,000,000 to appropriated, to the Secretary of Labor, in section 51(i)(3)(A). carry out this section, to remain available $1,500,000 to carry out this section, to remain ‘‘(3) TAX-EXEMPT EMPLOYER.—For purposes without fiscal year limitation. available without fiscal year limitation. of this subtitle, the term ‘tax-exempt em- (h) REPORTING.—The Secretary may estab- Subtitle B—Long Term Unemployed Hiring ployer’ means an employer that is— lish reporting requirements for States re- Preferences ‘‘(A) an organization described in section ceiving a grant under this section in order to SEC. 351. LONG TERM UNEMPLOYEED WORKERS 501(c) and exempt from taxation under sec- provide oversight of grant funds. WORK OPPORTUNITY TAX CREDITS. tion 501(a), or (i) DEFINITIONS.—In this section: (a) IN GENERAL.—Paragraph (3) of section ‘‘(B) a public higher education institution (1) SECRETARY.—The term ‘‘Secretary’’ 51(b) of the Internal Revenue Code is amend- (as defined in section 101 of the Higher Edu- means the Secretary of Labor. ed by inserting ‘‘$10,000 per year in the case cation Act of 1965). (2) SHORT-TIME COMPENSATION PROGRAM.— of any individual who is a qualified long ‘‘(4) PAYROLL TAXES.—For purposes of this The term ‘‘short-time compensation pro- term unemployed individual by reason of subsection— gram’’ has the meaning given such term in subsection (d)(11), and’’ before ‘‘$12,000 per ‘‘(A) IN GENERAL.—The term ‘payroll taxes’ section 3306(v) of the Internal Revenue Code year’’. means— of 1986, as added by section 341(a). (b) LONG TERM UNEMPLOYEED INDIVIDUALS ‘‘(i) amounts required to be withheld from (3) STATE; STATE AGENCY; STATE LAW.—The TAX CREDITS.—Paragraph (d) of section 51 of the employees of the tax-exempt employer terms ‘‘State’’, ‘‘State agency’’, and ‘‘State the Internal Revenue Code is amended by— under section 3401(a),

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.073 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5570 CONGRESSIONAL RECORD — SENATE September 13, 2011 ‘‘(ii) amounts required to be withheld from States not otherwise appropriated, there are number of unemployed individuals in areas such employees under section 3101, and appropriated $5,000,000,000 for payment to the of substantial unemployment in all States; ‘‘(iii) amounts of the taxes imposed on the Fund to be used by the Secretary of Labor to (B) one-third shall be allotted on the basis tax-exempt employer under section 3111.’’. carry out this Act. of the relative excess number of unemployed (e) TREATMENT OF POSSESSIONS.— SEC. 363. AVAILABILITY OF FUNDS. individuals in each State, compared to the (1) PAYMENTS TO POSSESSIONS.— (a) IN GENERAL.—Of the amounts available total excess number of unemployed individ- (A) MIRROR CODE POSSESSIONS.—The Sec- to the Fund under section 362(b), the Sec- uals in all States; and retary of the Treasury shall pay to each pos- retary of Labor shall— (C) one-third shall be allotted on the basis session of the United States with a mirror (1) allot $2,000,000,000 in accordance with of the relative number of disadvantaged code tax system amounts equal to the loss to section 364 to provide subsidized employment adults and youth in each State, compared to that possession by reason of the application to unemployed, low-income adults; the total number of disadvantaged adults of this section (other than this subsection). (2) allot $1,500,000,000 in accordance with and youth in all States. Such amounts shall be determined by the section 365 to provide summer and year- (3) DEFINITIONS.—For purposes of the for- Secretary of the Treasury based on informa- round employment opportunities to low-in- mula described in paragraph (2)— tion provided by the government of the re- come youth; (A) AREA OF SUBSTANTIAL UNEMPLOY- spective possession of the United States. (3) award $1,500,000,000 in competitive MENT.—The term ‘‘area of substantial unem- (B) OTHER POSSESSIONS.—The Secretary of grants in accordance with section 366 to ployment’’ means any contiguous area with the Treasury shall pay to each possession of local entities to carry out work-based train- a population of at least 10,000 and that has the United States, which does not have a ing and other work-related and educational an average rate of unemployment of at least mirror code tax system, amounts estimated 6.5 percent for the most recent 12 months, as strategies and activities of demonstrated ef- by the Secretary of the Treasury as being determined by the Secretary. fectiveness to unemployed, low-income equal to the aggregate credits that would (B) DISADVANTAGED ADULTS AND YOUTH.— adults and low-income youth to provide the have been provided by the possession by rea- The term ‘‘disadvantaged adults and youth’’ skills and assistance needed to obtain em- son of the application of this section (other means an individual who is age 16 and older ployment. than this subsection) if a mirror code tax (subject to section 132(b)(1)(B)(v)(I) of the (b) RESERVATION.—The Secretary of Labor system had been in effect in such possession. Workforce Investment Act of 1998) who re- may reserve not more than 1 percent of The preceding sentence shall not apply with ceived an income, or is a member of a family amounts available to the Fund under each of respect to any possession of the United that received a total family income, that, in paragraphs (1)–(3) of subsection (a) for the States unless such possession has a plan, relation to family size, does not exceed the costs of technical assistance, evaluations which has been approved by the Secretary of higher of— and Federal administration of this Act. the Treasury, under which such possession (i) the poverty line; or (c) PERIOD OF AVAILABILITY.—The amounts will promptly distribute such payments. (ii) 70 percent of the lower living standard appropriated under this Act shall be avail- (2) COORDINATION WITH CREDIT ALLOWED income level. able for obligation by the Secretary of Labor AGAINST UNITED STATES INCOME TAXES.—No (C) EXCESS NUMBER.—The term ‘‘excess increase in the credit determined under sec- until December 31, 2012, and shall be avail- number’’ means, used with respect to the ex- tion 38(b) of the Internal Revenue Code of able for expenditure by grantees and sub- cess number of unemployed individuals with- 1986 that is attributable to the credit pro- grantees until September 30, 2013. in a State, the higher of— vided by this section (other than this sub- SEC. 364. SUBSIDIZED EMPLOYMENT FOR UNEM- (i) the number that represents the number section (e)) shall be taken into account with PLOYED, LOW-INCOME ADULTS. of unemployed individuals in excess of 4.5 respect to any person— (a) IN GENERAL.— percent of the civilian labor force in the (A) to whom a credit is allowed against (1) ALLOTMENTS.—From the funds available State; or taxes imposed by the possession of the under section 363(a)(1), the Secretary of (ii) the number that represents the number United States by reason of this section for Labor shall make an allotment under sub- of unemployed individuals in excess of 4.5 such taxable year, or section (b) to each State that has a State percent of the civilian labor force in areas of (B) who is eligible for a payment under a plan approved under subsection (c) and to substantial unemployment in such State. plan described in paragraph (1)(B) with re- each outlying area and Native American (4) REALLOTMENT.—If the Governor of a spect to such taxable year. grantee under section 166 of the Workforce State does not submit a State plan by the (3) DEFINITIONS AND SPECIAL RULES.— Investment Act of 1998 that meets the re- time specified in subsection (c), or a State (A) POSSESSION OF THE UNITED STATES.—For quirements of this section, for the purpose of does not receive approval of a State plan, the purposes of this subsection (e), the term providing subsidized employment opportuni- amount the State would have been eligible ‘‘possession of the United States’’ includes ties to unemployed, low-income adults. to receive pursuant to the formula under American Samoa, the Commonwealth of the (2) GUIDANCE.—Not later than 30 days after paragraph (2) shall be transferred within the Northern Mariana Islands, the Common- the date of enactment of this Act, the Sec- Fund and added to the amounts available for wealth of Puerto Rico, Guam, and the United retary of Labor, in coordination with the the competitive grants under section States Virgin Islands. Secretary of Health and Human Services, 363(a)(3). (B) MIRROR CODE TAX SYSTEM.—For pur- shall issue guidance regarding the implemen- (c) STATE PLAN.— poses of this subsection, the term ‘‘mirror tation of this section. Such guidance shall, (1) IN GENERAL.—For a State to be eligible code tax system’’ means, with respect to any consistent with this section, include proce- to receive an allotment of the funds under possession of the United States, the income dures for the submission and approval of subsection (b), the Governor of the State tax system of such possession if the income State and local plans and the allotment and shall submit to the Secretary of Labor a tax liability of the residents of such posses- allocation of funds, including reallotment State plan in such form and containing such sion under such system is determined by ref- and reallocation of such funds, that promote information as the Secretary may require. erence to the income tax laws of the United the expeditious and effective implementa- At a minimum, such plan shall include— States as if such possession were the United tion of the activities authorized under this (A) a description of the strategies and ac- States. section. tivities to be carried out by the State, in co- (C) TREATMENT OF PAYMENTS.—For pur- (b) STATE ALLOTMENTS.— ordination with employers in the State, to poses of section 1324(b)(2) of title 31, United (1) RESERVATIONS FOR OUTLYING AREAS AND provide subsidized employment opportuni- States Code, rules similar to the rules of sec- TRIBES.—Of the funds described subsection ties to unemployed, low-income adults, in- tion 1001(b)(3)(C) of the American Recovery (a)(1), the Secretary shall reserve— cluding strategies relating to the level and and Reinvestment Tax Act of 2009 shall (A) not more than one-quarter of one per- duration of subsidies consistent with sub- apply. cent to provide assistance to outlying areas section (e)(2); (f) EFFECTIVE DATE.—The amendments to provide subsidized employment to low-in- (B) a description of the requirements the made by this section shall apply to individ- come adults who are unemployed; and State will apply relating to the eligibility of uals who begin work for the employer after (B) 1.5 percent to provide assistance to unemployed, low-income adults, consistent the date of the enactment of this Act. grantees of the Native American programs with section 368(6), for subsidized employ- Subtitle C—Pathways Back to Work under section 166 of the Workforce Invest- ment opportunities, which may include cri- SEC. 361. SHORT TITLE. ment Act of 1998 to provide subsidized em- teria to target assistance to particular cat- This subtitle may be cited as the ‘‘Path- ployment to low-income adults who are un- egories of such adults, such as individuals ways Back to Work Act of 2011’’. employed. with disabilities or individuals who have ex- SEC. 362. ESTABLISHMENT OF PATHWAYS BACK (2) STATES.—After determining the hausted all rights to unemployment com- TO WORK FUND. amounts to be reserved under paragraph (1), pensation; (a) ESTABLISHMENT.—There is established the Secretary of Labor shall allot the re- (C) a description of how the funds allotted in the Treasury of the United States a fund mainder of the amounts described in sub- to provide subsidized employment opportuni- which shall be known as the Pathways Back section (a)(1) among the States as follows: ties will be administered in the State and to Work Fund (hereafter in this Act referred (A) one-third shall be allotted on the basis local areas, in accordance with subsection to as ‘‘the Fund’’). of the relative number of unemployed indi- (d); (b) DEPOSITS INTO THE FUND.—Out of any viduals in areas of substantial unemploy- (D) a description of the performance out- amounts in the Treasury of the United ment in each State, compared to the total comes to be achieved by the State through

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The State or local entities may es- of title IV of the Social Security Act, and ministration of the TANF program under tablish criteria for determining such per- other appropriate Federal and State pro- part A of title IV of the Social Security Act centage or duration using appropriate fac- grams that may assist unemployed, low-in- in local areas in such manner as the State tors such as the size of the employer and come adults in obtaining and retaining em- may determine appropriate. types of employment. ployment; (B) LOCAL PLANS.— (f) COORDINATION OF FEDERAL ADMINISTRA- (F) a description of the timelines for im- (i) IN GENERAL.—In the case where the re- TION.—The Secretary of Labor shall admin- plementation of the activities described in sponsibility for the administration of activi- ister this section in coordination with the subparagraph (A), and the number of unem- ties is to be carried out by the entities de- Secretary of Health and Human Services to ployed, low-income adults expected to be scribed under paragraph (1)(A), in order to ensure the effective implementation of this placed in subsidized employment by quarter; receive an allocation under subparagraph section. (G) assurances that the State will report (A)(i), a local workforce investment board, in such information as the Secretary of Labor SEC. 365. SUMMER EMPLOYMENT AND YEAR- partnership with the chief elected official of ROUND EMPLOYMENT OPPORTUNI- may require relating to fiscal, performance the local workforce investment area in- TIES FOR LOW-INCOME YOUTH. and other matters that the Secretary deter- volved, shall submit to the Governor a local (a) IN GENERAL.—From the funds available mines is necessary to effectively monitor the plan for the use of such funds under this sec- under section 363(a)(2), the Secretary of activities carried out under this section; and tion not later than 30 days after the submis- Labor shall make an allotment under sub- (H) assurances that the State will ensure sion of the State plan. Such local plan may section (c) to each State that has a State compliance with the labor standards and pro- be submitted as a modification to a local plan modification (or other form of request tections described in section 367(a) of this plan approved under section 118 of the Work- for funds specified in guidance under sub- Act. force Investment Act of 1998. section (b)) approved under subsection (d) (2) SUBMISSION AND APPROVAL OF STATE (ii) CONTENTS.—The local plan described in and to each outlying area and Native Amer- PLAN.— clause (i) shall contain the elements de- ican grantee under section 166 of the Work- (A) SUBMISSION WITH OTHER PLANS.—The scribed in subparagraphs (A)–(H) of sub- force Investment Act of 1998 that meets the State plan described in this subsection may section (c)(1), as applied to the local work- be submitted in conjunction with the State requirements of this section, for the purpose force investment area. plan modification or request for funds re- of providing summer employment and year- (iii) APPROVAL.—The Governor shall ap- quired under section 365, and may be sub- round employment opportunities to low-in- prove or disapprove the local plan submitted mitted as a modification to a State plan that come youth. under clause (i) within 30 days after submis- has been approved under section 112 of the (b) GUIDANCE AND APPLICATION OF REQUIRE- sion, or if later, 30 days after the approval of Workforce Investment Act of 1998. MENTS.— the State plan. The Governor shall approve (B) SUBMISSION AND APPROVAL.— (1) GUIDANCE.—Not later than 20 days after the plan unless the Governor determines (i) SUBMISSION.—The Governor shall sub- the date of enactment of this Act, the Sec- that the plan is inconsistent with require- mit a plan to the Secretary of Labor not retary of Labor shall issue guidance regard- ments of this section or is not reasonably ap- later than 75 days after the enactment of ing the implementation of this section. Such this Act and the Secretary of Labor shall propriate and adequate to carry out the pur- guidance shall, consistent with this section, make a determination regarding the ap- poses of this section. If the Governor has not include procedures for the submission and proval or disapproval of such plans not later made a determination within the period approval of State plan modifications, or for than 45 days after the submission of such specified under the first sentence of this forms of requests for funds by the State as plan. If the plan is disapproved, the Sec- clause, the plan shall be considered ap- may be identified in such guidance, local retary of Labor may provide a reasonable pe- proved. If the plan is disapproved, the Gov- plan modifications, or other forms of re- riod of time in which a disapproved plan may ernor may provide a reasonable period of quests for funds from local workforce invest- be amended and resubmitted for approval. time in which a disapproved plan may be ment areas as may be identified in such guid- (ii) APPROVAL.—The Secretary of Labor amended and resubmitted for approval. The ance, and the allotment and allocation of shall approve a State plan that the Sec- Governor shall allocate funds to local work- funds, including reallotment and realloca- retary determines is consistent with require- force investment areas with approved plans tion of such funds, that promote the expedi- ments of this section and reasonably appro- within 30 days after such approval. tious and effective implementation of the ac- priate and adequate to carry out the pur- (C) REALLOCATION OF FUNDS TO LOCAL tivities authorized under this section. poses of this section. If the plan is approved, AREAS.—If a local workforce investment (2) REQUIREMENTS.—Except as otherwise the Secretary shall allot funds to States board does not submit a local plan by the provided in the guidance described in para- within 30 days after such approval. time specified in subparagraph (B) or the graph (1) and in this section and other provi- (3) MODIFICATIONS TO STATE PLAN.—The Governor does not approve a local plan, the sions of this Act, the funds provided for ac- Governor may submit a modification to a amount the local workforce investment area tivities under this section shall be adminis- State plan under this subsection consistent would have been eligible to receive pursuant tered in accordance with subtitles B and E of with the requirements of this section. to the formula under subparagraph (A)(i) title I of the Workforce Investment Act of (d) ADMINISTRATION WITHIN THE STATE.— shall be allocated to local workforce invest- 1998 relating to youth activities. (1) OPTION.—The State may administer the ment areas that receive approval of the local (c) STATE ALLOTMENTS.— funds for activities under this section plan under subparagraph (B). Such realloca- (1) RESERVATIONS FOR OUTLYING AREAS AND through— tions shall be made in accordance with the TRIBES.—Of the funds described subsection (A) the State and local entities responsible relative share of the allocations to such local (a), the Secretary shall reserve— for the administration of the adult formula workforce investment areas applying the for- (A) not more than one-quarter of one per- program under title I–B of the Workforce In- mula factors described under subparagraph cent to provide assistance to outlying areas vestment Act of 1998; (A)(i). to provide summer and year-round employ- (B) the entities responsible for the admin- (e) USE OF FUNDS.— ment opportunities to low-income youth; istration of the TANF program under part A (1) IN GENERAL.—The funds under this sec- and of title IV of the Social Security Act; or tion shall be used to provide subsidized em- (B) 1.5 percent to provide assistance to (C) a combination of the entities described ployment for unemployed, low-income grantees of the Native American programs in subparagraphs (A) and (B). adults. The State and local entities described under section 166 of the Workforce Invest- (2) WITHIN-STATE ALLOCATIONS.— in subsection (d)(1) may use a variety of ment Act of 1998 to provide summer and (A) ALLOCATION OF FUNDS.—The Governor strategies in recruiting employers and iden- year-round employment opportunities to may reserve up to 5 percent of the allotment tifying appropriate employment opportuni- low-income youth. under subsection (b)(2) for administration ties, with a priority to be provided to em- (2) STATES.—After determining the and technical assistance, and shall allocate ployment opportunities likely to lead to un- amounts to be reserved under paragraph (1), the remainder, in accordance with the option subsidized employment in emerging or in-de- the Secretary of Labor shall allot the re- elected under paragraph (1)— mand occupations in the local area. Funds mainder of the amounts described in sub- (i) among local workforce investment under this section may be used to provide section (a) among the States in accordance areas within the State in accordance with support services, such as transportation and with the factors described in section 364(b)(2) the factors identified in subsection (b)(2), ex- child care, that are necessary to enable the of this Act.

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(3) REALLOTMENT.—If the Governor of a request is approved, the Secretary shall allot transportation or child care, necessary to en- State does not submit a State plan modifica- funds to States within 30 days after such ap- able such youth to participate; and tion or other request for funds specified in proval. (B) to provide year round employment op- guidance under subsection (b) by the time (3) MODIFICATIONS TO STATE PLAN OR RE- portunities, which may be combined with specified in subsection (d)(2)(B), or a State QUEST.—The Governor may submit further other activities authorized under section 129 does not receive approval of such State plan modifications to a State plan or request for of the workforce investment act of 1998,to modification or request, the amount the funds identified under subsection (b) to carry low-income youth, ages 16 through 24, with a State would have been eligible to receive out this section in accordance with the re- priority to out-of school youth who are— pursuant to the formula under paragraph (2) quirements of this section. (i) high school dropouts; or shall be transferred within the Fund and (e) WITHIN-STATE ALLOCATION AND ADMINIS- (ii) recipients of a secondary school di- added to the amounts available for the com- TRATION.— ploma or its equivalent but who are basic petitive grants under section 363(a)(3). (1) IN GENERAL.—Of the funds allotted to skills deficient unemployed or under- (d) STATE PLAN MODIFICATION.— the State under subsection (c), the Gov- employed. (1) IN GENERAL.—For a State to be eligible ernor— (2) PROGRAM PRIORITIES.—In administering to receive an allotment of the funds under (A) may reserve up to 5 percent of the al- the funds under this section, the local board subsection (c), the Governor of the State lotment for administration and technical as- and local chief elected officials shall give a shall submit to the Secretary of Labor a sistance; and priority to— modification to a State plan approved under (B) shall allocate the remainder of the al- (A) identifying employment opportunities section 112 of the Workforce Investment Act lotment among local workforce investment that are— of 1998, or other request for funds described areas within the State in accordance with (i) in emerging or in-demand occupations in guidance in subsection (b), in such form the factors identified in section 364(b)(2), ex- in the local workforce investment area; or and containing such information as the Sec- cept that for purposes of such allocation ref- (ii) in the public or nonprofit sector that retary may require. At a minimum, such erences to a State in such paragraph shall be meet community needs; and plan modification or request shall include— deemed to be references to a local workforce (B) linking year-round program partici- (A) a description of the strategies and ac- investment area and references to all States pants to training and educational activities tivities to be carried out to provide summer shall be deemed to be references to all local that will provide such participants an indus- employment opportunities and year-round areas in the State involved. Not more than try-recognized certificate or credential. employment opportunities, including the 10 percent of the funds allocated to a local (3) PERFORMANCE ACCOUNTABILITY.—For ac- linkages to educational activities, consistent tivities funded under this section, in lieu of with subsection (f); workforce investment area may be used for the costs of administration of this section. the requirements described in section 136 of (B) a description of the requirements the the Workforce Investment Act of 1998, State States will apply relating to the eligibility (2) LOCAL PLAN.— (A) SUBMISSION.—In order to receive an al- and local workforce investment areas shall of low-income youth, consistent with section provide such reports as the Secretary of 368(4), for summer employment opportunities location under paragraph (1)(B), the local workforce investment board, in partnership Labor may require regarding the perform- and year-round employment opportunities, ance outcomes described in section 367(a)(5). which may include criteria to target assist- with the chief elected official for the local workforce investment area involved, shall SEC. 366. WORK-BASED EMPLOYMENT STRATE- ance to particular categories of such low-in- GIES OF DEMONSTRATED EFFEC- come youth, such as youth with disabilities, submit to the Governor a modification to a local plan approved under section 118 of the TIVENESS. consistent with subsection (f); (a) IN GENERAL.—From the funds available Workforce Investment Act of 1998, or other (C) a description of the performance out- under section 363(a)(3), the Secretary of form of request for funds as may be identi- comes to be achieved by the State through Labor shall award grants on a competitive fied in the guidance issued under subsection the activities carried out under this section basis to eligible entities to carry out work- (b), not later than 30 days after the submis- and the processes the State will use to track based strategies of demonstrated effective- performance, consistent with guidance pro- sion by the State of the modification to the ness. vided by the Secretary of Labor regarding State plan or other request for funds identi- (b) USE OF FUNDS.—The grants awarded such outcomes and processes and with sec- fied in subsection (b), describing the strate- under this section shall be used to support tion 367(b); gies and activities to be carried out under strategies and activities of demonstrated ef- (D) a description of the timelines for im- this section. fectiveness that are designed to provide un- plementation of the activities described in (B) APPROVAL.—The Governor shall ap- employed, low-income adults or low-income subparagraph (A), and the number of low-in- prove the local plan submitted under sub- youth with the skills that will lead to em- come youth expected to be placed in summer paragraph (A) within 30 days after submis- ployment as part of or upon completion of employment opportunities, and year-round sion, unless the Governor determines that participation in such activities. Such strate- employment opportunities, respectively, by the plan is inconsistent with requirements of gies and activities may include— quarter; this section. If the Governor has not made a (1) on-the-job training, registered appren- (E) assurances that the State will report determination within 30 days, the plan shall ticeship programs, or other programs that such information as the Secretary may re- be considered approved. If the plan is dis- combine work with skills development; quire relating to fiscal, performance and approved, the Governor may provide a rea- (2) sector-based training programs that other matters that the Secretary determines sonable period of time in which a dis- have been designed to meet the specific re- is necessary to effectively monitor the ac- approved plan may be amended and resub- quirements of an employer or group of em- tivities carried out under this section; and mitted for approval. The Governor shall allo- ployers in that sector and where employers (F) assurances that the State will ensure cate funds to local workforce investment are committed to hiring individuals upon compliance with the labor standards protec- areas with approved plans within 30 days successful completion of the training; tions described in section 367(a). after approval. (3) training that supports an industry sec- (2) SUBMISSION AND APPROVAL OF STATE (3) REALLOCATION.—If a local workforce in- tor or an employer-based or labor-manage- PLAN MODIFICATION OR REQUEST.— vestment board does not submit a local plan ment committee industry partnership which (A) SUBMISSION.—The Governor shall sub- modification (or other request for funds iden- includes a significant work-experience com- mit a modification of the State plan or other tified in guidance under subsection (b)) by ponent; request for funds described in guidance in the time specified in paragraph (2), or does (4) acquisition of industry-recognized cre- subsection (b) to the Secretary of Labor not not receive approval of a local plan, the dentials in a field identified by the State or later than 30 days after the issuance of such amount the local workforce investment area local workforce investment area as a growth guidance. The State plan modification or re- would have been eligible to receive pursuant sector or demand industry in which there are quest for funds required under this sub- to the formula under paragraph (1)(B) shall likely to be significant job opportunities in section may be submitted in conjunction be allocated to local workforce investment the short-term; with the State plan required under section areas that receive approval of the local plan (5) connections to immediate work oppor- 364. modification or request for funds under para- tunities, including subsidized employment (B) APPROVAL.—The Secretary of Labor graph (2). Such reallocations shall be made opportunities, or summer employment op- shall approve the plan or request submitted in accordance with the relative share of the portunities for youth, that includes concur- under subparagraph (A) within 30 days after allocations to such local workforce invest- rent skills training and other supports; submission, unless the Secretary determines ment areas applying the formula factors de- (6) career academies that provide students that the plan or request is inconsistent with scribed under paragraph (1)(B). with the academic preparation and training, the requirements of this section. If the Sec- (f) USE OF FUNDS.— including paid internships and concurrent retary has not made a determination within (1) IN GENERAL.—The funds provided under enrollment in community colleges or other 30 days, the plan or request shall be consid- this section shall be used— postsecondary institutions, needed to pursue ered approved. If the plan or request is dis- (A) to provide summer employment oppor- a career pathway that leads to postsec- approved, the Secretary may provide a rea- tunities for low-income youth, ages 16 ondary credentials and high-demand jobs; sonable period of time in which a dis- through 24, with direct linkages to academic and approved plan or request may be amended and occupational learning, and may include (7) adult basic education and integrated and resubmitted for approval. If the plan or the provision of supportive services, such as basic education and training models for low-

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.077 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5573 skilled adults, hosted at community colleges ister this section in coordination with the reported pursuant to subsection (b) and the or at other sites, to prepare individuals for Secretary of Education, Secretary of Health evaluations of activities carried out pursu- jobs that are in demand in a local area. and Human Services, and other appropriate ant to the funds reserved under section (c) ELIGIBLE ENTITY.—An eligible entity agency heads, to ensure the effective imple- 363(b). shall include a local chief elected official, in mentation of this section. SEC. 368. DEFINITIONS. collaboration with the local workforce in- SEC. 367. GENERAL REQUIREMENTS. In this Act: vestment board for the local workforce in- (a) LABOR STANDARDS AND PROTECTIONS.— (1) LOCAL CHIEF ELECTED OFFICIAL.—The vestment area involved (which may include a Activities provided with funds under this Act term ‘‘local chief elected official’’ means the partnership with of such officials and boards shall be subject to the requirements and re- chief elected executive officer of a unit of in the region and in the State), or an entity strictions, including the labor standards, de- local government in a local workforce in- eligible to apply for an Indian and Native scribed in section 181 of the Workforce In- vestment area or in the case where more American grant under section 166 of the vestment Act of 1998 and the nondiscrimina- than one unit of general government, the in- Workforce Investment Act of 1998, and may tion provisions of section 188 of such Act, in dividuals designated under an agreement de- include, in partnership with such officials, addition to other applicable federal laws. scribed in section 117(c)(1)(B) of the Work- boards, and entities, the following: (b) REPORTING.—The Secretary may re- force Investment Act of 1998. (1) employers or employer associations; quire the reporting of information relating (2) LOCAL WORKFORCE INVESTMENT AREA.— (2) adult education providers and postsec- to fiscal, performance and other matters The term ‘‘local workforce investment area’’ ondary educational institutions, including that the Secretary determines is necessary means such area designated under section 116 community colleges; to effectively monitor the activities carried of the Workforce Investment Act of 1998. (3) community-based organizations; out with funds provided under this Act. At a (3) LOCAL WORKFORCE INVESTMENT BOARD.— (4) joint labor-management committees; minimum, grantees and subgrantees shall The term ‘‘local workforce investment (5) work-related intermediaries; or provide information relating to— board’’ means such board established under (6) other appropriate organizations. (1) the number individuals participating in section 117 of the Workforce Investment Act (d) APPLICATION.—An eligible entity seek- of 1998. ing to receive a grant under this section activities with funds provided under this Act and the number of such individuals who have (4) LOW-INCOME YOUTH.—The term ‘‘low-in- shall submit to the Secretary of Labor an ap- come youth’’ means an individual who— plication at such time, in such manner, and completed such participation; (2) the expenditures of funds provided (A) is aged 16 through 24; containing such information as the Sec- (B) meets the definition of a low-income retary may require. At a minimum, the ap- under the Act; (3) the number of jobs created pursuant to individual provided in section 101(25) of the plication shall— Workforce Investment Act of 1998, except (1) describe the strategies and activities of the activities carried out under this Act; (4) the demographic characteristics of indi- that States, local workforce investment demonstrated effectiveness that the eligible areas under section 365 and eligible entities entities will carry out to provide unem- viduals participating in activities under this Act; and under section 366(c), subject to approval in ployed, low-income adults and low-income the applicable State plans, local plans, and youth with the skills that will lead to em- (5) the performance outcomes of individ- uals participating in activities under this applications for funds, may increase the in- ployment upon completion of participation come level specified in subparagraph (B)(i) of in such activities; act, including— (A) for adults participating in activities such section to an amount not in excess of (2) describe the requirements that will 200 percent of the poverty line for purposes apply relating to the eligibility of unem- funded under section 364 of this act— (i) entry in unsubsidized employment, of determining eligibility for participation ployed, low-income adults or low-income in activities under sections 365 and 366 of youth, consistent with paragraphs (4) and (6) (ii) retention in unsubsidized employment, and this Act; and of section 368, for activities carried out (C) is in one or more of the categories spec- under this section, which may include cri- (iii) earnings in unsubsidized employment; (B) for low-income youth participating in ified in section 101(13)(C) of the Workforce teria to target assistance to particular cat- Investment Act of 1998. egories of such adults and youth, such as in- summer employment activities under sec- (5) OUTLYING AREA.—The term ‘‘outlying dividuals with disabilities or individuals who tions 365 and 366— (i) work readiness skill attainment using area’’ means the United States Virgin Is- have exhausted all rights to unemployment lands, Guam, American Samoa, the Com- compensation; an employer validated checklist; or (ii) placement in or return to secondary or monwealth of the Northern Mariana Islands, (3) describe how the strategies and activi- and the Republic of Palau. ties address the needs of the target popu- postsecondary education or training, or entry into unsubsidized employment; (6) UNEMPLOYED, LOW-INCOME ADULT.—The lations identified in paragraph (2) and the term ‘‘unemployed, low-income adult’’ needs of employers in the local area; (C) for low-income youth participating in year-round employment activities under sec- means an individual who— (4) describe the expected outcomes to be (A) is age 18 or older; achieved by implementing the strategies and tion 365 or in activities under section 366— (i) placement in or return to post-sec- (B) is without employment and is seeking activities; assistance under this Act to obtain employ- (5) provide evidence that the funds pro- ondary education; (ii) attainment of high school diploma or ment; and vided may be expended expeditiously and ef- (C) meets the definition of a ‘‘low-income ficiently to implement the strategies and ac- its equivalent; (iii) attainment of an industry-recognized individual’’ under section 101(25) of the tivities; Workforce Investment Act of 1998, except (6) describe how the strategies and activi- credential; and (iv) entry into unsubsidized employment, that for that States, local entities described ties will be coordinated with other Federal, in section 364(d)(1) and eligible entities under State and local programs providing employ- retention, and earnings as described in sub- paragraph (A); section 366(c), subject to approval in the ap- ment, education and supportive activities; plicable State plans, local plans, and applica- (7) provide evidence of employer commit- (D) for unemployed, low-income adults par- ticipating in activities under section 366— tions for funds, may increase the income ment to participate in the activities funded level specified in subparagraph (B)(i) of such under this section, including identification (i) entry into unsubsidized employment, re- tention, and earnings as described in sub- section to an amount not in excess of 200 per- of anticipated occupational and skill needs; cent of the poverty line for purposes of deter- (8) provide assurances that the grant re- paragraph (A); and (ii) the attainment of industry-recognized mining eligibility for participation in activi- cipient will report such information as the ties under sections 364 and 366 of this Act. Secretary may require relating to fiscal, per- credentials. (7) STATE.—The term ‘‘State’’ means each formance and other matters that the Sec- (c) ACTIVITIES REQUIRED TO BE ADDI- TIONAL.—Funds provided under this Act shall of the several States of the United States, retary determines is necessary to effectively the District of Columbia, and Puerto Rico. monitor the activities carried out under this only be used for activities that are in addi- section; and tion to activities that would otherwise be Subtitle D—Prohibition of Discrimination in (9) provide assurances that the use of the available in the State or local area in the ab- Employment on the Basis of an Individual’s funds provided under this section will com- sence of such funds. Status as Unemployed ply with the labor standards and protections (d) ADDITIONAL REQUIREMENTS.—The Sec- SEC. 371. SHORT TITLE. described section 367(a). retary of Labor may establish such addi- This subtitle may be cited as the ‘‘Fair (e) PRIORITY IN AWARDS.—In awarding tional requirements as the Secretary deter- Employment Opportunity Act of 2011’’. grants under this section, the Secretary of mines may be necessary to ensure fiscal in- SEC. 372. FINDINGS AND PURPOSE. Labor shall give a priority to applications tegrity, effective monitoring, and the appro- (a) FINDINGS.—Congress finds that denial of submitted by eligible entities from areas of priate and prompt implementation of the ac- employment opportunities to individuals be- high poverty and high unemployment, as de- tivities under this Act. cause of their status as unemployed is dis- fined by the Secretary, such as Public Use (e) REPORT OF INFORMATION AND EVALUA- criminatory and burdens commerce by— Microdata Areas (PUMAs) as designated by TIONS TO CONGRESS AND THE PUBLIC.—The (1) reducing personal consumption and un- the Census Bureau. Secretary of Labor shall provide to the ap- dermining economic stability and growth; (f) COORDINATION OF FEDERAL ADMINISTRA- propriate Committees of the Congress and (2) squandering human capital essential to TION.—The Secretary of Labor shall admin- make available to the public the information the Nation’s economic vibrancy and growth;

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.079 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5574 CONGRESSIONAL RECORD — SENATE September 13, 2011 (3) increasing demands for Federal and individual, at the time of application for em- that individual. Such consideration or exam- State unemployment insurance benefits, re- ployment or at the time of action alleged to ination may include an assessment of wheth- ducing trust fund assets, and leading to high- violate this Act, does not have a job, is avail- er an individual’s employment in a similar er payroll taxes for employers, cuts in bene- able for work and is searching for work. or related job for a period of time reasonably fits for jobless workers, or both; SEC. 374. PROHIBITED ACTS. proximate to the consideration of such indi- (4) imposing additional burdens on publicly (a) EMPLOYERS.—It shall be an unlawful vidual for employment is job-related or con- funded health and welfare programs; and employment practice for an employer to— sistent with business necessity. (5) depressing income, property, and other (1) publish in print, on the Internet, or in SEC. 375. ENFORCEMENT. tax revenues that the Federal Government, any other medium, an advertisement or an- (a) ENFORCEMENT POWERS.—With respect to States, and localities rely on to support op- nouncement for an employee for any job that the administration and enforcement of this erations and institutions essential to com- includes— Act— merce. (A) any provision stating or indicating (1) the Commission shall have the same (b) PURPOSES.—The purposes of this Act that an individual’s status as unemployed powers as the Commission has to administer are— disqualifies the individual for any employ- and enforce— (1) to prohibit employers and employment ment opportunity; or (A) title VII of the Civil Rights Act of 1964 agencies from disqualifying an individual (B) any provision stating or indicating (42 U.S.C. 2000e et seq.); or from employment opportunities because of that an employer will not consider or hire an (B) sections 302 and 304 of the Government that individual’s status as unemployed; individual for any employment opportunity Employee Rights Act of 1991 (42 U.S.C. 2000e– (2) to prohibit employers and employment based on that individual’s status as unem- 16b and 2000e–16c), agencies from publishing or posting any ad- ployed; in the case of an affected individual who vertisement or announcement for an employ- (2) fail or refuse to consider for employ- would be covered by such title, or by section ment opportunity that indicates that an in- ment, or fail or refuse to hire, an individual 302(a)(1) of the Government Employee Rights dividual’s status as unemployed disqualifies as an employee because of the individual’s Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respec- that individual for the opportunity; and status as unemployed; or tively; (3) to eliminate the burdens imposed on (3) direct or request that an employment (2) the Librarian of Congress shall have the commerce due to the exclusion of such indi- agency take an individual’s status as unem- same powers as the Librarian of Congress viduals from employment. ployed into account to disqualify an appli- has to administer and enforce title VII of the SEC. 373. DEFINITIONS. cant for consideration, screening, or referral Civil Rights Act of 1964 (42 U.S.C. 2000e et As used in this Act— for employment as an employee. seq.) in the case of an affected individual (1) the term ‘‘affected individual’’ means (b) EMPLOYMENT AGENCIES.—It shall be an who would be covered by such title; any person who was subject to an unlawful unlawful employment practice for an em- (3) the Board (as defined in section 101 of employment practice solely because of that ployment agency to— the Congressional Accountability Act of 1995 individual’s status as unemployed; (1) publish, in print or on the Internet or in (2 U.S.C. 1301)) shall have the same powers as (2) the term ‘‘Commission’’ means the any other medium, an advertisement or an- the Board has to administer and enforce the Equal Employment Opportunity Commis- nouncement for any vacancy in a job, as an Congressional Accountability Act of 1995 (2 sion; employee, that includes— U.S.C. 1301 et seq.) in the case of an affected (3) the term ‘‘employee’’ means— (A) any provision stating or indicating individual who would be covered by section (A) an employee as defined in section 701(f) that an individual’s status as unemployed 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); of the Civil Rights Act of 1964 (42 U.S.C. disqualifies the individual for any employ- (4) the Attorney General shall have the 2000e(f)); ment opportunity; or same powers as the Attorney General has to (B) a State employee to which section (B) any provision stating or indicating administer and enforce— 302(a)(1) of the Government Employee Rights that the employment agency or an employer (A) title VII of the Civil Rights Act of 1964 Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; will not consider or hire an individual for (42 U.S.C. 2000e et seq.); or (C) a covered employee, as defined in sec- any employment opportunity based on that (B) sections 302 and 304 of the Government tion 101 of the Congressional Accountability individual’s status as unemployed; Employee Rights Act of 1991 (42 U.S.C. 2000e– Act of 1995 (2 U.S.C. 1301) or section 411(c) of (2) screen, fail or refuse to consider, or fail 16b and 2000e–16c); title 3, United States Code; or or refuse to refer an individual for employ- in the case of an affected individual who (D) an employee or applicant to which sec- ment as an employee because of the individ- would be covered by such title, or of section tion 717(a) of the Civil Rights Act of 1964 (42 ual’s status as unemployed; or 302(a)(1) of the Government Employee Rights U.S.C. 2000e–16(a)) applies; (3) limit, segregate, or classify any indi- Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respec- (4) the term ‘‘employer’’ means— vidual in any manner that would limit or tively; (A) a person engaged in an industry affect- tend to limit the individual’s access to infor- (5) the President, the Commission, and the ing commerce (as defined in section 701(h) of mation about jobs, or consideration, screen- Merit Systems Protection Board shall have the Civil Rights Act of 1964 (42 U.S.C. ing, or referral for jobs, as employees, solely the same powers as the President, the Com- 2000e(h)) who has 15 or more employees for because of an individual’s status as unem- mission, and the Board, respectively, have to each working day in each of 20 or more cal- ployed. administer and enforce chapter 5 of title 3, endar weeks in the current or preceding cal- (c) INTERFERENCE WITH RIGHTS, PRO- United States Code, in the case of an affected endar year, and any agent of such a person, CEEDINGS OR INQUIRIES.—It shall be unlawful individual who would be covered by section but does not include a bona fide private for any employer or employment agency to— 411 of such title; and membership club that is exempt from tax- (1) interfere with, restrain, or deny the ex- (6) a court of the United States shall have ation under section 501(c) of the Internal ercise of or the attempt to exercise, any the same jurisdiction and powers as the Revenue Code of 1986; right provided under this Act; or court has to enforce— (B) an employing authority to which sec- (2) fail or refuse to hire, to discharge, or in (A) title VII of the Civil Rights Act of 1964 tion 302(a)(1) of the Government Employee any other manner to discriminate against (42 U.S.C. 2000e et seq.) in the case of a claim Rights Act of 1991 applies; any individual, as an employee, because such alleged by such individual for a violation of (C) an employing office, as defined in sec- individual— such title; tion 101 of the Congressional Accountability (A) opposed any practice made unlawful by (B) sections 302 and 304 of the Government Act of 1995 or section 411(c) of title 3, United this Act; Employee Rights Act of 1991 (42 U.S.C. 2000e– States Code; or (B) has asserted any right, filed any 16b and 2000e–16c) in the case of a claim al- (D) an entity to which section 717(a) of the charge, or has instituted or caused to be in- leged by such individual for a violation of Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) stituted any proceeding, under or related to section 302(a)(1) of such Act (42 U.S.C. 2000e– applies; this Act; 16b(a)(1)); (5) the term ‘‘employment agency’’ means (C) has given, or is about to give, any in- (C) the Congressional Accountability Act any person regularly undertaking with or formation in connection with any inquiry or of 1995 (2 U.S.C. 1301 et seq.) in the case of a without compensation to procure employees proceeding relating to any right provided claim alleged by such individual for a viola- for an employer or to procure for individuals under this Act; or tion of section 201(a)(1) of such Act (2 U.S.C. opportunities to work as employees for an (D) has testified, or is about to testify, in 1311(a)(1)); and employer and includes an agent of such a any inquiry or proceeding relating to any (D) chapter 5 of title 3, United States Code, person, and any person who maintains an right provided under this Act. in the case of a claim alleged by such indi- Internet website or print medium that pub- (d) CONSTRUCTION.—Nothing in this Act is vidual for a violation of section 411 of such lishes advertisements or announcements of intended to preclude an employer or employ- title. openings in jobs for employees; ment agency from considering an individ- (b) PROCEDURES.—The procedures applica- (6) the term ‘‘person’’ has the meaning ual’s employment history, or from exam- ble to a claim alleged by an individual for a given the term in section 701(a) of the Civil ining the reasons underlying an individual’s violation of this Act are— Rights Act of 1964 (42 U.S.C. 2000e(a)); and status as unemployed, in assessing an indi- (1) the procedures applicable for a viola- (7) the term ‘‘status as unemployed’’, used vidual’s ability to perform a job or in other- tion of title VII of the Civil Rights Act of with respect to an individual, means that the wise making employment decisions about 1964 (42 U.S.C. 2000e et seq.) in the case of a

VerDate Mar 15 2010 06:17 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.080 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5575 claim alleged by such individual for a viola- plied with the applicable procedures of this ‘‘(i) the taxpayer’s taxable income, or tion of such title; Act, for relief that is authorized under this ‘‘(ii) the minimum marginal rate amount. (2) the procedures applicable for a viola- Act. ‘‘(c) ADDITIONAL AMT AMOUNT.— tion of section 302(a)(1) of the Government (d) REMEDIES AGAINST THE UNITED STATES ‘‘(1) The amount determined under this Employee Rights Act of 1991 (42 U.S.C. 2000e– AND THE STATES.—Notwithstanding any subsection with respect to any taxpayer for 16b(a)(1)) in the case of a claim alleged by other provision of this Act, in an action or any taxable year is the additional amount such individual for a violation of such sec- administrative proceeding against the computed under subsection (b) multiplied by tion; United States or a State for a violation of the ratio that— (3) the procedures applicable for a viola- this Act, remedies (including remedies at ‘‘(A) the result of— tion of section 201(a)(1) of the Congressional law and in equity) are available for the vio- ‘‘(i) all itemized deductions (before the ap- Accountability Act of 1995 (2 U.S.C. lation to the same extent as such remedies plication of section 68), plus 1311(a)(1)) in the case of a claim alleged by would be available against a non-govern- ‘‘(ii) the specified above-the-line deduc- such individual for a violation of such sec- mental entity. tions and specified exclusions, minus tion; and SEC. 377. RELATIONSHIP TO OTHER LAWS. ‘‘(iii) the amount of deductions disallowed (4) the procedures applicable for a viola- This Act shall not invalidate or limit the under section 56(b)(1)(A) and (B), minus tion of section 411 of title 3, United States rights, remedies, or procedures available to ‘‘(iv) the non-preference disallowed deduc- Code, in the case of a claim alleged by such an individual claiming discrimination pro- tions, bears to individual for a violation of such section. hibited under any other Federal law or regu- ‘‘(B) the sum of— (c) REMEDIES.— lation or any law or regulation of a State or ‘‘(i) the total of itemized deductions (after (1) In any claim alleging a violation of Sec- political subdivision of a State. the application of section 68), plus tion 374(a)(1) or 374(b)(1) of this Act, an indi- ‘‘(ii) the specified above-the-line deduc- SEC. 378. SEVERABILITY. tions and specified exclusions. vidual, or any person acting on behalf of the If any provision of this Act, or the applica- individual as set forth in Section 375(a) of ‘‘(2) If the top of the AMT exemption tion of the provision to any person or cir- phase-out range for the taxpayer exceeds the this Act, may be awarded, as appropriate— cumstance, is held to be invalid, the remain- (A) an order enjoining the respondent from minimum marginal rate amount for the tax- der of this Act and the application of the payer and if the taxpayer’s alternative min- engaging in the unlawful employment prac- provision to any other person or cir- tice; imum taxable income does not exceed the cumstances shall not be affected by the inva- top of the AMT exemption phase-out range, (B) reimbursement of costs expended as a lidity. result of the unlawful employment practice; the taxpayer must increase its additional SEC. 379. EFFECTIVE DATE. AMT amount by 7 percent of the excess of— (C) an amount in liquidated damages not This Act shall take effect on the date of to exceed $1,000 for each day of the violation; ‘‘(A) the lesser of— enactment of this Act and shall not apply to ‘‘(i) the top of the AMT exemption phase- and conduct occurring before the effective date. (D) reasonable attorney’s fees (including out range, or expert fees) and costs attributable to the TITLE IV—OFFSETS ‘‘(ii) the taxpayer’s alternative minimum pursuit of a claim under this Act, except Subtitle A—28 Percent Limitation on Certain taxable income, computed— that no person identified in Section 103(a) of Deductions and Exclusions ‘‘(I) without regard to any itemized deduc- tion or any specified above-the-line deduc- this Act shall be eligible to receive attor- SEC. 401. 28 PERCENT LIMITATION ON CERTAIN ney’s fees. DEDUCTIONS AND EXCLUSIONS. tion, and ‘‘(II) by including the amount of any speci- (2) In any claim alleging a violation of any (a) IN GENERAL.—Part I of subchapter B of other subsection of this Act, an individual, chapter 1 of the Internal Revenue Code of fied exclusion; over or any person acting on behalf of the indi- 1986 is amended by adding at the end the fol- ‘‘(B) the greater of— vidual as set forth in Section 375(a) of this lowing new section: ‘‘(i) the taxpayer’s alternative minimum taxable income, or Act, may be awarded, as appropriate, the ‘‘SEC. 69. LIMITATION ON CERTAIN DEDUCTIONS remedies available for a violation of title VII AND EXCLUSIONS. ‘‘(ii) the minimum marginal rate amount. ‘‘(d) MINIMUM MARGINAL RATE AMOUNT.— of the Civil Rights Act of 1964 (42 U.S.C. 2000e ‘‘(a) IN GENERAL.—In the case of an indi- For purposes of this section, the term ‘min- et seq.), section 302(a)(1) of the Government vidual for any taxable year, if— imum marginal rate amount’ means, with re- Employee Rights Act of 1991 (42 U.S.C. 2000e– ‘‘(1) the taxpayer’s adjusted gross income spect to any taxpayer for any taxable year, 16b(a)(1)), section 201(a)(1) of the Congres- is above— the highest amount of the taxpayer’s taxable sional Accountability Act of 1995 (2 U.S.C. ‘‘(A) $250,000 in the case of a joint return income which would be subject to a marginal 1311(a)(1)), and section 411 of title 3, United within the meaning of section 6013, rate of tax under section 1 that is less than States Code, except that in a case in which ‘‘(B) $225,000 in the case of a head of house- 36 percent with respect to such taxable year. wages, salary, employment benefits, or other hold return, ‘‘(e) ADJUSTED TAXABLE INCOME.—For pur- compensation have not been denied or lost to ‘‘(C) $125,000 in the case of a married filing poses of this section— the individual, damages may be awarded in separately return, or ‘‘(1) IN GENERAL.—The term ‘adjusted tax- an amount not to exceed $5,000. ‘‘(D) $200,000 in all other cases; and able income’ means taxable income com- SEC. 376. FEDERAL AND STATE IMMUNITY. ‘‘(2) the taxpayer’s adjusted taxable in- puted— (a) ABROGATION OF STATE IMMUNITY.—A come for such taxable year exceeds the min- ‘‘(A) without regard to any itemized deduc- State shall not be immune under the 11th imum marginal rate amount, tion or any specified above-the-line deduc- Amendment to the Constitution from a suit then the tax imposed under section 1 with re- tion, and brought in a Federal court of competent ju- spect to such taxpayer for such taxable year ‘‘(B) by including in gross income any spec- risdiction for a violation of this Act. shall be increased by the amount determined ified exclusion. (b) WAIVER OF STATE IMMUNITY.— under subsection (b). If the taxpayer is sub- ‘‘(2) SPECIFIED ABOVE-THE-LINE DEDUC- (1) IN GENERAL.— ject to tax under section 55, then in lieu of TION.—The term ‘specified above-the-line de- (A) WAIVER.—A State’s receipt or use of an increase in tax under section 1, the tax duction’ means— Federal financial assistance for any program imposed under section 55 with respect to ‘‘(A) the deduction provided under section or activity of a State shall constitute a such taxpayer for such taxable year shall be 162(l) (relating to special rules for health in- waiver of sovereign immunity, under the increased by the amount determined under surance costs of self-employed individuals), 11th Amendment to the Constitution or oth- subsection (c). ‘‘(B) the deduction provided under section erwise, to a suit brought by an employee or ‘‘(b) ADDITIONAL AMOUNT.—The amount de- 199 (relating to income attributable to do- applicant for employment of that program or termined under this subsection with respect mestic production activities), and activity under this Act for a remedy author- to any taxpayer for any taxable year is the ‘‘(C) the deductions provided under the fol- ized under Section 375(c) of this Act. excess (if any) of— lowing paragraphs of section 62(a): (B) DEFINITION.—In this paragraph, the ‘‘(1) the tax which would be imposed under ‘‘(i) Paragraph (2) (relating to certain trade term ‘‘program or activity’’ has the meaning section 1 with respect to such taxpayer for and business deductions of employees), other given the term in section 606 of the Civil such taxable year if ‘adjusted taxable in- than subparagraph (A) thereof. Rights Act of 1964 (42 U.S.C. 2000d–4a). come’ were substituted for ‘taxable income’ ‘‘(ii) Paragraph (15) (relating to moving ex- (2) EFFECTIVE DATE.—With respect to a par- each place it appears therein, over penses). ticular program or activity, paragraph (1) ‘‘(2) the sum of— ‘‘(iii) Paragraph (16) (relating to Archer applies to conduct occurring on or after the ‘‘(A) the tax which would be imposed under MSAs). day, after the date of enactment of this Act, such section with respect to such taxpayer ‘‘(iv) Paragraph (17) (relating to interest on on which a State first receives or uses Fed- for such taxable year on the greater of— education loans). eral financial assistance for that program or ‘‘(i) taxable income, or ‘‘(v) Paragraph (18) (relating to higher edu- activity. ‘‘(ii) the minimum marginal rate amount, cation expenses). (c) REMEDIES AGAINST STATE OFFICIALS.— plus ‘‘(vi) Paragraph (19) (relating to health An official of a State may be sued in the offi- ‘‘(B) 28 percent of the excess (if any) of the savings accounts). cial capacity of the official by any employee taxpayer’s adjusted taxable income over the ‘‘(3) SPECIFIED EXCLUSION.—The term ‘spec- or applicant for employment who has com- greater of— ified exclusion’ means—

VerDate Mar 15 2010 06:17 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.082 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5576 CONGRESSIONAL RECORD — SENATE September 13, 2011 ‘‘(A) any interest excluded under section partnership taxable year shall be treated as poses of this section to apply subparagraph 103, ordinary income, and (A), ‘‘(B) any exclusion with respect to the cost ‘‘(B) subject to the limitation of paragraph if such gift, transfer, or other disposition is described in section 6051(a)(14) (without re- (2), an amount equal to the net capital loss to an organization described in section gard to subparagraph (B) thereof), and with respect to such interest for any part- 170(b)(1)(A) (other than any organization de- ‘‘(C) any foreign earned income excluded nership taxable year shall be treated as an scribed in section 509(a)(3) or any fund or ac- under section 911. ordinary loss. count described in section 4966(d)(2)) or a per- ‘‘(f) NON-PREFERENCE DISALLOWED DEDUC- ‘‘(2) RECHARACTERIZATION OF LOSSES LIM- son with respect to whom the transferred in- TIONS.—For purposes of this section, the ITED TO RECHARACTERIZED GAINS.—The terest is an investment services partnership term ‘AMT-allowed deductions’ means all amount treated as ordinary loss under para- interest. itemized deductions disallowed by section 68 graph (1)(B) for any taxable year shall not ‘‘(2) LOSS.—Any loss on the disposition of multiplied by the ratio that— exceed the excess (if any) of— an investment services partnership interest ‘‘(1) a taxpayer’s itemized deductions for ‘‘(A) the aggregate amount treated as ordi- shall be treated as an ordinary loss to the ex- the taxable year that are subject to section nary income under paragraph (1)(A) with re- tent of the excess (if any) of— 68 (that is, not including those excluded spect to the investment services partnership ‘‘(A) the aggregate amount treated as ordi- under section 68(c)) and that are not limited interest for all preceding partnership taxable nary income under subsection (a) with re- under section 56(b)(1)(A) or (B), bears to years to which this section applies, over spect to such interest for all partnership tax- ‘‘(2) the taxpayer’s itemized deductions for ‘‘(B) the aggregate amount treated as ordi- able years to which this section applies, over the taxable year that are subject to section nary loss under paragraph (1)(B) with respect ‘‘(B) the aggregate amount treated as ordi- 68 (that is, not including those excluded to such interest for all preceding partnership nary loss under subsection (a) with respect under section 68(c)). taxable years to which this section applies. to such interest for all partnership taxable ‘‘(g) REGULATIONS.—The Secretary shall ‘‘(3) ALLOCATION TO ITEMS OF GAIN AND years to which this section applies. prescribe such regulations as may be appro- LOSS.— ‘‘(3) ELECTION WITH RESPECT TO CERTAIN EX- priate to carry out this section, including ‘‘(A) NET CAPITAL GAIN.—The amount treat- CHANGES.—Paragraph (1)(A)(ii) shall not regulations which provide appropriate ad- ed as ordinary income under paragraph (1)(A) apply to the contribution of an investment justments to the additional AMT amount.’’. shall be allocated ratably among the items services partnership interest to a partner- (b) EFFECTIVE DATE.—The amendments of long-term capital gain taken into account ship in exchange for an interest in such part- made by this section shall apply to taxable in determining such net capital gain. nership if— years beginning on or after January 1, 2013. ‘‘(B) NET CAPITAL LOSS.—The amount ‘‘(A) the taxpayer makes an irrevocable Subtitle B—Tax Carried Interest in treated as ordinary loss under paragraph election to treat the partnership interest re- Investment Partnerships as Ordinary Income (1)(B) shall be allocated ratably among the ceived in the exchange as an investment items of long-term capital loss and short- services partnership interest, and SEC. 411. PARTNERSHIP INTERESTS TRANS- ‘‘(B) the taxpayer agrees to comply with FERRED IN CONNECTION WITH PER- term capital loss taken into account in de- FORMANCE OF SERVICES. termining such net capital loss. such reporting and recordkeeping require- ments as the Secretary may prescribe. (a) MODIFICATION TO ELECTION TO INCLUDE ‘‘(4) TERMS RELATING TO CAPITAL GAINS AND ‘‘(4) DISTRIBUTIONS OF PARTNERSHIP PROP- PARTNERSHIP INTEREST IN GROSS INCOME IN LOSSES.—For purposes of this section— ERTY.— YEAR OF TRANSFER.—Subsection (c) of sec- ‘‘(A) IN GENERAL.—Net capital gain, long- ‘‘(A) IN GENERAL.—In the case of any dis- tion 83 of the Internal Revenue Code of 1986 term capital gain, and long-term capital tribution of property by a partnership with is amended by redesignating paragraph (4) as loss, with respect to any investment services respect to any investment services partner- paragraph (5) and by inserting after para- partnership interest for any taxable year, ship interest held by a partner, the partner graph (3) the following new paragraph: shall be determined under section 1222, ex- cept that such section shall be applied— receiving such property shall recognize gain ‘‘(4) PARTNERSHIP INTERESTS.—Except as equal to the excess (if any) of— provided by the Secretary— ‘‘(i) without regard to the recharacteriza- tion of any item as ordinary income or ordi- ‘‘(i) the fair market value of such property ‘‘(A) IN GENERAL.—In the case of any trans- at the time of such distribution, over fer of an interest in a partnership in connec- nary loss under this section, ‘‘(ii) by only taking into account items of ‘‘(ii) the adjusted basis of such property in tion with the provision of services to (or for the hands of such partner (determined with- the benefit of) such partnership— gain and loss taken into account by the hold- er of such interest under section 702 with re- out regard to subparagraph (C)). ‘‘(i) the fair market value of such interest ‘‘(B) TREATMENT OF GAIN AS ORDINARY IN- shall be treated for purposes of this section spect to such interest for such taxable year, ‘‘(iii) by treating property which is taken COME.—Any gain recognized by such partner as being equal to the amount of the distribu- under subparagraph (A) shall be treated as tion which the partner would receive if the into account in determining gains and losses to which section 1231 applies as capital as- ordinary income to the same extent and in partnership sold (at the time of the transfer) the same manner as the increase in such all of its assets at fair market value and dis- sets held for more than 1 year, and ‘‘(iv) without regard to section 1202. partner’s distributive share of the taxable in- tributed the proceeds of such sale (reduced come of the partnership would be treated by the liabilities of the partnership) to its ‘‘(B) NET CAPITAL LOSS.—The term ‘net capital loss’ means the excess of the losses under subsection (a) if, immediately prior to partners in liquidation of the partnership, the distribution, the partnership had sold from sales or exchanges of capital assets and the distributed property at fair market value over the gains from such sales or exchanges. ‘‘(ii) the person receiving such interest and all of the gain from such disposition Rules similar to the rules of clauses (i) shall be treated as having made the election were allocated to such partner. For purposes through (iv) of subparagraph (A) shall apply under subsection (b)(1) unless such person of applying paragraphs (2) and (3) of sub- for purposes of the preceding sentence. makes an election under this paragraph to section (a), any gain treated as ordinary in- ‘‘(5) SPECIAL RULES FOR DIVIDENDS.— have such subsection not apply. come under this subparagraph shall be treat- ‘‘(A) INDIVIDUALS.—Any dividend allocated ‘‘(B) ELECTION.—The election under sub- ed as an amount treated as ordinary income to any investment services partnership in- paragraph (A)(ii) shall be made under rules under subsection (a)(1)(A). terest shall not be treated as qualified divi- similar to the rules of subsection (b)(2).’’. ‘‘(C) ADJUSTMENT OF BASIS.—In the case a (b) EFFECTIVE DATE.—The amendments dend income for purposes of section 1(h). distribution to which subparagraph (A) ap- made by this section shall apply to interests ‘‘(B) CORPORATIONS.—No deduction shall be plies, the basis of the distributed property in in partnerships transferred after December allowed under section 243 or 245 with respect the hands of the distributee partner shall be 31, 2012. to any dividend allocated to any investment the fair market value of such property. services partnership interest. SEC. 412. SPECIAL RULES FOR PARTNERS PRO- ‘‘(D) SPECIAL RULES WITH RESPECT TO MERG- VIDING INVESTMENT MANAGEMENT ‘‘(b) DISPOSITIONS OF PARTNERSHIP INTER- ERS, DIVISIONS, AND TECHNICAL TERMI- SERVICES TO PARTNERSHIPS. ESTS.— NATIONS.—In the case of a taxpayer which (a) IN GENERAL.—Part I of subchapter K of ‘‘(1) GAIN.— satisfies requirements similar to the require- chapter 1 of the Internal Revenue Code of ‘‘(A) IN GENERAL.—Any gain on the disposi- ments of subparagraphs (A) and (B) of para- 1986 is amended by adding at the end the fol- tion of an investment services partnership graph (3), this paragraph and paragraph lowing new section: interest shall be— (1)(A)(ii) shall not apply to the distribution ‘‘SEC. 710. SPECIAL RULES FOR PARTNERS PRO- ‘‘(i) treated as ordinary income, and of a partnership interest if such distribution VIDING INVESTMENT MANAGEMENT ‘‘(ii) recognized notwithstanding any other is in connection with a contribution (or SERVICES TO PARTNERSHIPS. provision of this subtitle. deemed contribution) of any property of the ‘‘(a) TREATMENT OF DISTRIBUTIVE SHARE OF ‘‘(B) EXCEPTIONS—CERTAIN TRANSFERS TO partnership to which section 721 applies pur- PARTNERSHIP ITEMS.—For purposes of this CHARITIES AND RELATED PERSONS.—Subpara- suant to a transaction described in para- title, in the case of an investment services graph (A) shall not apply to— graph (1)(B) or (2) of section 708(b). partnership interest— ‘‘(i) a disposition by gift, ‘‘(c) INVESTMENT SERVICES PARTNERSHIP IN- ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(ii) a transfer at death, or TEREST.—For purposes of this section— 702(b)— ‘‘(iii) other disposition identified by the ‘‘(1) IN GENERAL.—The term ‘investment ‘‘(A) an amount equal to the net capital Secretary as a disposition with respect to services partnership interest’ means any in- gain with respect to such interest for any which it would be inconsistent with the pur- terest in an investment partnership acquired

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An interest in an in- corporation) shall be treated as a member of SHIPS.—Except as otherwise provided by the vestment partnership held by any person— a controlled group of entities if such entity Secretary, in the case of tiered partnerships, ‘‘(A) shall not be treated as an investment is controlled (within the meaning of section all items which are allocated in a manner services partnership interest for any period 954(d)(3)) by members of such group (includ- which meets the requirements of paragraph before the first date on which it is so held in ing any entity treated as a member of such (1) to qualified capital interests in a lower- connection with such a trade or business, group by reason of this sentence). tier partnership shall retain such character ‘‘(B) shall not cease to be an investment ‘‘(4) SPECIFIED ASSET.—The term ‘specified to the extent allocated on the basis of quali- services partnership interest merely because asset’ means securities (as defined in section fied capital interests in any upper-tier part- such person holds such interest other than in 475(c)(2) without regard to the last sentence nership. connection with such a trade or business, thereof), real estate held for rental or invest- ‘‘(5) EXCEPTION FOR NO-SELF-CHARGED and ment, interests in partnerships, commodities CARRY AND MANAGEMENT FEE PROVISIONS.— ‘‘(C) shall be treated as an investment (as defined in section 475(e)(2)), cash or cash Except as otherwise provided by the Sec- services partnership interest if acquired equivalents, or options or derivative con- retary, an interest shall not fail to be treat- from a related person in whose hands such tracts with respect to any of the foregoing. ed as satisfying the requirement of para- interest was an investment services partner- ‘‘(5) RELATED PERSONS.— graph (1)(A) merely because the allocations ship interest. ‘‘(A) IN GENERAL.—A person shall be treat- made by the partnership to such interest do ‘‘(2) BUSINESSES TO WHICH THIS SECTION AP- ed as related to another person if the rela- not reflect the cost of services described in PLIES.—A trade or business is described in tionship between such persons is described in subsection (c)(2) which are provided (directly this paragraph if such trade or business pri- section 267(b) or 707(b). or indirectly) to the partnership by the hold- marily involves the performance of any of ‘‘(B) ATTRIBUTION OF PARTNER SERVICES.— er of such interest (or a related person). the following services with respect to assets Any service described in paragraph (2) which ‘‘(6) SPECIAL RULE FOR DISPOSITIONS.—In held (directly or indirectly) by the invest- is provided by a partner of a partnership the case of any investment services partner- ment partnership referred to in paragraph shall be treated as also provided by such ship interest any portion of which is a quali- (1): partnership. fied capital interest, subsection (b) shall not ‘‘(A) Advising as to the advisability of in- ‘‘(d) EXCEPTION FOR CERTAIN CAPITAL IN- apply to so much of any gain or loss as bears vesting in, purchasing, or selling any speci- TERESTS.— the same proportion to the entire amount of fied asset. ‘‘(1) IN GENERAL.—In the case of any por- such gain or loss as— ‘‘(B) Managing, acquiring, or disposing of tion of an investment services partnership ‘‘(A) the distributive share of gain or loss any specified asset. interest which is a qualified capital interest, that would have been allocated to the quali- ‘‘(C) Arranging financing with respect to all items of gain and loss (and any dividends) fied capital interest (consistent with the re- acquiring specified assets. which are allocated to such qualified capital quirements of paragraph (1)) if the partner- ‘‘(D) Any activity in support of any service interest shall not be taken into account ship had sold all of its assets at fair market described in subparagraphs (A) through (C). under subsection (a) if— value immediately before the disposition, ‘‘(3) INVESTMENT PARTNERSHIP.— ‘‘(A) allocations of items are made by the bears to ‘‘(A) IN GENERAL.—The term ‘investment partnership to such qualified capital interest ‘‘(B) the distributive share of gain or loss partnership’ means any partnership if, at the in the same manner as such allocations are that would have been so allocated to the in- end of any calendar quarter ending after De- made to other qualified capital interests vestment services partnership interest of cember 31, 2012— held by partners who do not provide any which such qualified capital interest is a ‘‘(i) substantially all of the assets of the services described in subsection (c)(2) and part. partnership are specified assets (determined who are not related to the partner holding ‘‘(7) QUALIFIED CAPITAL INTEREST.—For pur- without regard to any section 197 intangible the qualified capital interest, and poses of this subsection— within the meaning of section 197(d)), and ‘‘(B) the allocations made to such other in- ‘‘(A) IN GENERAL.—The term ‘qualified cap- ‘‘(ii) more than half of the contributed cap- terests are significant compared to the allo- ital interest’ means so much of a partner’s ital of the partnership is attributable to con- cations made to such qualified capital inter- interest in the capital of the partnership as tributions of property by one or more per- est. is attributable to— sons in exchange for interests in the partner- ‘‘(2) AUTHORITY TO PROVIDE EXCEPTIONS TO ‘‘(i) the fair market value of any money or ship which (in the hands of such persons) ALLOCATION REQUIREMENTS.—To the extent other property contributed to the partner- constitute property held for the production provided by the Secretary in regulations or ship in exchange for such interest (deter- of income. other guidance— mined without regard to section 752(a)), ‘‘(B) SPECIAL RULES FOR DETERMINING IF ‘‘(A) ALLOCATIONS TO PORTION OF QUALIFIED ‘‘(ii) any amounts which have been in- PROPERTY HELD FOR THE PRODUCTION OF IN- CAPITAL INTEREST.—Paragraph (1) may be ap- cluded in gross income under section 83 with COME.—Except as otherwise provided by the plied separately with respect to a portion of respect to the transfer of such interest, and Secretary, for purposes of determining a qualified capital interest. ‘‘(iii) the excess (if any) of— whether any interest in a partnership con- ‘‘(B) NO OR INSIGNIFICANT ALLOCATIONS TO ‘‘(I) any items of income and gain taken stitutes property held for the production of NONSERVICE PROVIDERS.—In any case in into account under section 702 with respect income under subparagraph (A)(ii)— which the requirements of paragraph (1)(B) to such interest, over ‘‘(i) any election under subsection (e) or (f) are not satisfied, items of gain and loss (and ‘‘(II) any items of deduction and loss so of section 475 shall be disregarded, and any dividends) shall not be taken into ac- taken into account. ‘‘(ii) paragraph (5)(B) shall not apply. count under subsection (a) to the extent that ‘‘(B) ADJUSTMENT TO QUALIFIED CAPITAL IN- ‘‘(C) ANTIABUSE RULES.—The Secretary such items are properly allocable under such TEREST.— may issue regulations or other guidance regulations or other guidance to qualified ‘‘(i) DISTRIBUTIONS AND LOSSES.—The quali- which prevent the avoidance of the purposes capital interests. fied capital interest shall be reduced by dis- of subparagraph (A), including regulations or ‘‘(C) ALLOCATIONS TO SERVICE PROVIDERS’ tributions from the partnership with respect other guidance which treat convertible and QUALIFIED CAPITAL INTERESTS WHICH ARE LESS to such interest and by the excess (if any) of contingent debt (and other debt having the THAN OTHER ALLOCATIONS.—Allocations shall the amount described in subparagraph attributes of equity) as a capital interest in not be treated as failing to meet the require- (A)(iii)(II) over the amount described in sub- the partnership. ment of paragraph (1)(A) merely because the paragraph (A)(iii)(I). ‘‘(D) CONTROLLED GROUPS OF ENTITIES.— allocations to the qualified capital interest ‘‘(ii) SPECIAL RULE FOR CONTRIBUTIONS OF ‘‘(i) IN GENERAL.—In the case of a con- represent a lower return than the allocations PROPERTY.—In the case of any contribution trolled group of entities, if an interest in the made to the other qualified capital interests of property described in subparagraph (A)(i) partnership received in exchange for a con- referred to in such paragraph. with respect to which the fair market value tribution to the capital of the partnership by ‘‘(3) SPECIAL RULE FOR CHANGES IN SERVICES of such property is not equal to the adjusted any member of such controlled group would AND CAPITAL CONTRIBUTIONS.—In the case of basis of such property immediately before (in the hands of such member) constitute an interest in a partnership which was not such contribution, proper adjustments shall property not held for the production of in- an investment services partnership interest be made to the qualified capital interest to come, then any interest in such partnership and which, by reason of a change in the serv- take into account such difference consistent held by any member of such group shall be ices with respect to assets held (directly or with such regulations or other guidance as treated for purposes of subparagraph (A) as indirectly) by the partnership or by reason of the Secretary may provide. constituting (in the hands of such member) a change in the capital contributions to such ‘‘(C) TECHNICAL TERMINATIONS, ETC., DIS- property not held for the production of in- partnership, becomes an investment services REGARDED.—No increase or decrease in the come. partnership interest, the qualified capital in- qualified capital interest of any partner ‘‘(ii) CONTROLLED GROUP OF ENTITIES.—For terest of the holder of such partnership in- shall result from a termination, merger, con- purposes of clause (i), the term ‘controlled terest immediately after such change shall solidation, or division described in section group of entities’ means a controlled group not, for purposes of this subsection, be less 708, or any similar transaction. of corporations as defined in section than the fair market value of such interest ‘‘(8) TREATMENT OF CERTAIN LOANS.—

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‘‘(A) PROCEEDS OF PARTNERSHIP LOANS NOT it were a partnership, would be an invest- ‘‘(A) IN GENERAL.—Specified carried inter- TREATED AS QUALIFIED CAPITAL INTEREST OF ment partnership. est income shall not be treated as qualifying SERVICE PROVIDING PARTNERS.—For purposes ‘‘(f) REGULATIONS.—The Secretary shall income. of this subsection, an investment services prescribe such regulations or other guidance ‘‘(B) SPECIFIED CARRIED INTEREST INCOME.— partnership interest shall not be treated as a as is necessary or appropriate to carry out For purposes of this paragraph— qualified capital interest to the extent that the purposes of this section, including regu- ‘‘(i) IN GENERAL.—The term ‘specified car- such interest is acquired in connection with lations or other guidance to— ried interest income’ means— the proceeds of any loan or other advance ‘‘(1) provide modifications to the applica- ‘‘(I) any item of income or gain allocated made or guaranteed, directly or indirectly, tion of this section (including treating re- to an investment services partnership inter- by any other partner or the partnership (or lated persons as not related to one another) est (as defined in section 710(c)) held by the any person related to any such other partner to the extent such modification is consistent partnership, or the partnership). The preceding sentence with the purposes of this section, and ‘‘(II) any gain on the disposition of an in- shall not apply to the extent the loan or ‘‘(2) coordinate this section with the other vestment services partnership interest (as so other advance is repaid before January 1, provisions of this title. defined) or a partnership interest to which 2013 unless such repayment is made with the (in the hands of the partnership) section 751 proceeds of a loan or other advance described ‘‘(g) CROSS REFERENCE.—For 40 percent applies, and in the preceding sentence. penalty on certain underpayments due to the ‘‘(III) any income or gain taken into ac- ‘‘(B) REDUCTION IN ALLOCATIONS TO QUALI- avoidance of this section, see section 6662.’’. count by the partnership under subsection FIED CAPITAL INTERESTS FOR LOANS FROM NON- (b) APPLICATION OF SECTION 751 TO INDIRECT (b)(4) or (e) of section 710. SERVICE-PROVIDING PARTNERS TO THE PART- DISPOSITIONS OF INVESTMENT SERVICES PART- ‘‘(ii) EXCEPTION FOR QUALIFIED CAPITAL IN- NERSHIP.—For purposes of this subsection, NERSHIP INTERESTS.— TERESTS.—A rule similar to the rule of sec- any loan or other advance to the partnership (1) IN GENERAL.—Subsection (a) of section tion 710(d) shall apply for purposes of clause made or guaranteed, directly or indirectly, 751 of the Internal Revenue Code of 1986 is (i). by a partner not providing services described amended by striking ‘‘or’’ at the end of para- ‘‘(C) COORDINATION WITH OTHER PROVI- in subsection (c)(2) to the partnership (or graph (1), by inserting ‘‘or’’ at the end of SIONS.—Subparagraph (A) shall not apply to any person related to such partner) shall be paragraph (2), and by inserting after para- any item described in paragraph (1)(E) (or so taken into account in determining the quali- graph (2) the following new paragraph: much of paragraph (1)(F) as relates to para- fied capital interests of the partners in the ‘‘(3) investment services partnership inter- graph (1)(E)). partnership. ests held by the partnership,’’. ‘‘(D) SPECIAL RULES FOR CERTAIN PARTNER- ‘‘(e) OTHER INCOME AND GAIN IN CONNECTION (2) CERTAIN DISTRIBUTIONS TREATED AS SHIPS.— WITH INVESTMENT MANAGEMENT SERVICES.— SALES OR EXCHANGES.—Subparagraph (A) of ‘‘(i) CERTAIN PARTNERSHIPS OWNED BY REAL ‘‘(1) IN GENERAL.—If— section 751(b)(1) of the Internal Revenue ESTATE INVESTMENT TRUSTS.—Subparagraph ‘‘(A) a person performs (directly or indi- Code of 1986 is amended by striking ‘‘or’’ at (A) shall not apply in the case of a partner- rectly) investment management services for the end of clause (i), by inserting ‘‘or’’ at the ship which meets each of the following re- any investment entity, end of clause (ii), and by inserting after quirements: ‘‘(B) such person holds (directly or indi- clause (ii) the following new clause: ‘‘(I) Such partnership is treated as publicly rectly) a disqualified interest with respect to ‘‘(iii) investment services partnership in- traded under this section solely by reason of such entity, and terests held by the partnership,’’. interests in such partnership being convert- ‘‘(C) the value of such interest (or pay- (3) APPLICATION OF SPECIAL RULES IN THE ible into interests in a real estate invest- ments thereunder) is substantially related to CASE OF TIERED PARTNERSHIPS.—Subsection ment trust which is publicly traded. the amount of income or gain (whether or (f) of section 751 of the Internal Revenue ‘‘(II) 50 percent or more of the capital and not realized) from the assets with respect to Code of 1986 is amended by striking ‘‘or’’ at profits interests of such partnership are which the investment management services the end of paragraph (1), by inserting ‘‘or’’ at owned, directly or indirectly, at all times are performed, the end of paragraph (2), and by inserting during the taxable year by such real estate any income or gain with respect to such in- after paragraph (2) the following new para- investment trust (determined with the appli- terest shall be treated as ordinary income. graph: cation of section 267(c)). Rules similar to the rules of subsections ‘‘(3) investment services partnership inter- ‘‘(III) Such partnership meets the require- (a)(5) and (d) shall apply for purposes of this ests held by the partnership,’’. ments of paragraphs (2), (3), and (4) of section subsection. (4) INVESTMENT SERVICES PARTNERSHIP IN- 856(c). ‘‘(2) DEFINITIONS.—For purposes of this sub- TERESTS; QUALIFIED CAPITAL INTERESTS.—Sec- ‘‘(ii) CERTAIN PARTNERSHIPS OWNING OTHER section— tion 751 of the Internal Revenue Code of 1986 PUBLICLY TRADED PARTNERSHIPS.—Subpara- ‘‘(A) DISQUALIFIED INTEREST.— is amended by adding at the end the fol- graph (A) shall not apply in the case of a ‘‘(i) IN GENERAL.—The term ‘disqualified lowing new subsection: partnership which meets each of the fol- interest’ means, with respect to any invest- ‘‘(g) INVESTMENT SERVICES PARTNERSHIP IN- lowing requirements: ment entity— TERESTS.—For purposes of this section— ‘‘(I) Substantially all of the assets of such ‘‘(I) any interest in such entity other than ‘‘(1) IN GENERAL.—The term ‘investment partnership consist of interests in one or indebtedness, services partnership interest’ has the mean- more publicly traded partnerships (deter- ‘‘(II) convertible or contingent debt of such ing given such term by section 710(c). mined without regard to subsection (b)(2)). entity, ‘‘(II) Substantially all of the income of ‘‘(III) any option or other right to acquire ‘‘(2) ADJUSTMENTS FOR QUALIFIED CAPITAL INTERESTS.—The amount to which subsection such partnership is ordinary income or sec- property described in subclause (I) or (II), tion 1231 gain (as defined in section and (a) applies by reason of paragraph (3) thereof shall not include so much of such amount as 1231(a)(3)). ‘‘(IV) any derivative instrument entered ‘‘(E) TRANSITIONAL RULE.—Subparagraph into (directly or indirectly) with such entity is attributable to any portion of the invest- ment services partnership interest which is a (A) shall not apply to any taxable year of the or any investor in such entity. partnership beginning before the date which ‘‘(ii) EXCEPTIONS.—Such term shall not in- qualified capital interest (determined under rules similar to the rules of section 710(d)). is 10 years after January 1, 2013.’’. clude— (d) IMPOSITION OF PENALTY ON UNDERPAY- ‘‘(3) RECOGNITION OF GAINS.—Any gain with ‘‘(I) a partnership interest, MENTS.— respect to which subsection (a) applies by ‘‘(II) except as provided by the Secretary, (1) IN GENERAL.—Subsection (b) of section reason of paragraph (3) thereof shall be rec- any interest in a taxable corporation, and 6662 of the Internal Revenue Code of 1986 is ognized notwithstanding any other provision ‘‘(III) except as provided by the Secretary, amended by inserting after paragraph (7) the of this title. stock in an S corporation. following new paragraph: ‘‘(4) COORDINATION WITH INVENTORY ITEMS.— ‘‘(B) TAXABLE CORPORATION.—The term ‘‘(8) The application of section 710(e) or the An investment services partnership interest ‘taxable corporation’ means— regulations or other guidance prescribed held by the partnership shall not be treated ‘‘(i) a domestic C corporation, or under section 710(h) to prevent the avoidance as an inventory item of the partnership. ‘‘(ii) a foreign corporation substantially all of the purposes of section 710.’’. ‘‘(5) PREVENTION OF DOUBLE COUNTING.— of the income of which is— (2) AMOUNT OF PENALTY.— Under regulations or other guidance pre- ‘‘(I) effectively connected with the conduct (A) IN GENERAL.—Section 6662 of the Inter- scribed by the Secretary, subsection (a)(3) of a trade or business in the United States, nal Revenue Code of 1986 is amended by add- shall not apply with respect to any amount or ing at the end the following new subsection: to which section 710 applies.’’. ‘‘(II) subject to a comprehensive foreign in- ‘‘(k) INCREASE IN PENALTY IN CASE OF PROP- come tax (as defined in section 457A(d)(2)). (c) TREATMENT FOR PURPOSES OF SECTION ERTY TRANSFERRED FOR INVESTMENT MAN- ‘‘(C) INVESTMENT MANAGEMENT SERVICES.— 7704.—Subsection (d) of section 7704 of the In- AGEMENT SERVICES.—In the case of any por- The term ‘investment management services’ ternal Revenue Code of 1986 is amended by tion of an underpayment to which this sec- means a substantial quantity of any of the adding at the end the following new para- tion applies by reason of subsection (b)(8), services described in subsection (c)(2). graph: subsection (a) shall be applied with respect ‘‘(D) INVESTMENT ENTITY.—The term ‘in- ‘‘(6) INCOME FROM CERTAIN CARRIED INTER- to such portion by substituting ‘40 percent’ vestment entity’ means any entity which, if ESTS NOT QUALIFIED.— for ‘20 percent’.’’.

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(B) CONFORMING AMENDMENT.—Subpara- ‘‘(17) Notwithstanding the preceding provi- and engines) not used in commercial or con- graph (B) of section 6662A(e)(2) is amended by sions of this subsection, in the case of any tract carrying of passengers or freight, but striking ‘‘or (i)’’ and inserting ‘‘, (i), or (k)’’. individual engaged in the trade or business which primarily engages in the carrying of (3) SPECIAL RULES FOR APPLICATION OF REA- of providing services described in section passengers.’’. SONABLE CAUSE EXCEPTION.—Subsection (c) of 710(c)(2) of the Internal Revenue Code of 1986 (d) EFFECTIVE DATE.—This section shall be section 6664 is amended— with respect to any entity, investment serv- effective for property placed in service after (A) by redesignating paragraphs (3) and (4) ices partnership income or loss (as defined in December 31, 2012. as paragraphs (4) and (5), respectively; section 1402(m) of such Code) shall be taken Subtitle D—Repeal Oil Subsidies (B) by striking ‘‘paragraph (3)’’ in para- into account in determining the net earnings SEC. 431. REPEAL OF DEDUCTION FOR INTAN- graph (5)(A), as so redesignated, and insert- from self-employment of such individual.’’. GIBLE DRILLING AND DEVELOP- ing ‘‘paragraph (4)’’; and (f) CONFORMING AMENDMENTS.— MENT COSTS IN THE CASE OF OIL (C) by inserting after paragraph (2) the fol- (1) Subsection (d) of section 731 of the In- AND GAS WELLS. lowing new paragraph: ternal Revenue Code of 1986 is amended by (a) IN GENERAL.—Section 263(c) of the In- ‘‘(3) SPECIAL RULE FOR UNDERPAYMENTS AT- inserting ‘‘section 710(b)(4) (relating to dis- ternal Revenue Code of 1986 (relating to in- TRIBUTABLE TO INVESTMENT MANAGEMENT tributions of partnership property),’’ after tangible drilling and development costs) is SERVICES.— ‘‘to the extent otherwise provided by’’. amended by adding at the end the following new sentence: ‘‘This subsection shall not ‘‘(A) IN GENERAL.—Paragraph (1) shall not (2) Section 741 of the Internal Revenue apply to any portion of an underpayment to Code of 1986 is amended by inserting ‘‘or sec- apply in the case of oil and gas wells with re- which section 6662 applies by reason of sub- tion 710 (relating to special rules for partners spect to amounts paid or incurred after De- cember 31, 2012.’’. section (b)(8) unless— providing investment management services (b) EFFECTIVE DATE.—The amendment to partnerships)’’ before the period at the ‘‘(i) the relevant facts affecting the tax made by this section shall apply to amounts end. treatment of the item are adequately dis- paid or incurred after December 31, 2012. closed, (3) The table of sections for part I of sub- chapter K of chapter 1 of the Internal Rev- SEC. 432. REPEAL OF DEDUCTION FOR TERTIARY ‘‘(ii) there is or was substantial authority INJECTANTS. enue Code of 1986 is amended by adding at for such treatment, and (a) IN GENERAL.—Part VI of subchapter B ‘‘(iii) the taxpayer reasonably believed the end the following new item: of chapter 1 of the Internal Revenue Code of that such treatment was more likely than ‘‘Sec. 710. Special rules for partners pro- 1986 (relating to itemized deductions for indi- not the proper treatment. viding investment management viduals and corporations) is amended by ‘‘(B) RULES RELATING TO REASONABLE BE- services to partnerships.’’. striking section 193 (relating to tertiary LIEF.—Rules similar to the rules of sub- (g) EFFECTIVE DATE.— injectants). section (d)(3) shall apply for purposes of sub- (1) IN GENERAL.—Except as otherwise pro- (b) CLERICAL AMENDMENT.—The table of paragraph (A)(iii).’’. vided in this subsection, the amendments sections for part VI of subchapter B of chap- (e) INCOME AND LOSS FROM INVESTMENT made by this section shall apply to taxable ter 1 of the Internal Revenue Code of 1986 is SERVICES PARTNERSHIP INTERESTS TAKEN years ending after December 31, 2012. amended by striking the item relating to INTO ACCOUNT IN DETERMINING NET EARNINGS (2) PARTNERSHIP TAXABLE YEARS WHICH IN- section 193. FROM SELF-EMPLOYMENT.— CLUDE EFFECTIVE DATE.—In applying section (c) EFFECTIVE DATE.—The amendments (1) INTERNAL REVENUE CODE.— 710(a) of the Internal Revenue Code of 1986 made by this section shall apply to amounts (A) IN GENERAL.—Section 1402(a) of the In- (as added by this section) in the case of any paid or incurred after December 31, 2012. ternal Revenue Code of 1986 is amended by partnership taxable year which includes Jan- SEC. 433. REPEAL OF PERCENTAGE DEPLETION striking ‘‘and’’ at the end of paragraph (16), uary 1, 2013, the amount of the net income FOR OIL AND GAS WELLS. (a) IN GENERAL.—Section 613A of the Inter- by striking the period at the end of para- referred to in such section shall be treated as nal Revenue Code of 1986 (relating to limita- graph (17) and inserting ‘‘; and’’, and by in- being the lesser of the net income for the en- tion on percentage depletion in the case of serting after paragraph (17) the following tire partnership taxable year or the net in- oil and gas wells) is amended to read as fol- new paragraph: come determined by only taking into ac- lows: ‘‘(18) notwithstanding the preceding provi- count items attributable to the portion of sions of this subsection, in the case of any ‘‘SEC. 613A. PERCENTAGE DEPLETION NOT AL- the partnership taxable year which is after LOWED IN CASE OF OIL AND GAS individual engaged in the trade or business such date. WELLS. of providing services described in section (3) DISPOSITIONS OF PARTNERSHIP INTER- ‘‘The allowance for depletion under section 710(c)(2) with respect to any entity, invest- ESTS.— 611 with respect to any oil and gas well shall ment services partnership income or loss (as (A) IN GENERAL.—Section 710(b) of such be computed without regard to section 613.’’. defined in subsection (m)) of such individual Code (as added by this section) shall apply to (b) EFFECTIVE DATE.—The amendment with respect to such entity shall be taken dispositions and distributions after Decem- made by this section shall apply to taxable into account in determining the net earnings ber 31, 2012. years beginning after December 31, 2012. from self-employment of such individual.’’. (B) INDIRECT DISPOSITIONS.—The amend- SEC. 434. SECTION 199 DEDUCTION NOT AL- (B) INVESTMENT SERVICES PARTNERSHIP IN- ments made by subsection (b) shall apply to LOWED WITH RESPECT TO OIL, NAT- COME OR LOSS.—Section 1402 of the Internal transactions after December 31, 2012. URAL GAS, OR PRIMARY PRODUCTS Revenue Code is amended by adding at the (4) OTHER INCOME AND GAIN IN CONNECTION THEREOF. end the following new subsection: WITH INVESTMENT MANAGEMENT SERVICES.— (a) IN GENERAL.—Subparagraph (B) of sec- tion 199(c)(4) of the Internal Revenue Code of ‘‘(m) INVESTMENT SERVICES PARTNERSHIP Section 710(e) of such Code (as added by this 1986 (relating to income attributable to do- INCOME OR LOSS.—For purposes of subsection section) shall take effect on January 1, 2013. mestic production activities) is amended— (a)— Subtitle C—Close Loophole for Corporate Jet (1) by striking ‘‘or’’ at the end of clause ‘‘(1) IN GENERAL.—The term ‘investment Depreciation (ii), services partnership income or loss’ means, SECTION 421. GENERAL AVIATION AIRCRAFT (2) by striking the period at the end of with respect to any investment services TREATED AS 7-YEAR PROPERTY. clause (iii) and inserting in lieu thereof ‘‘, partnership interest (as defined in section (a) IN GENERAL.—Subparagraph (C) of sec- or’’, and 710(c)), the net of— tion 168(e)(3) of the Internal Revenue Code of (3) by adding at the end thereof the fol- ‘‘(A) the amounts treated as ordinary in- 1986 (relating to classification of certain lowing new clause: come or ordinary loss under subsections (b) property) is amended by striking ‘‘and’’ at ‘‘(iv) the production, refining, processing, and (e) of section 710 with respect to such in- the end of clause (iv), by redesignating transportation, or distribution of oil, natural terest, clause (v) as clause (vi), and by inserting gas, or any primary product (within the ‘‘(B) all items of income, gain, loss, and de- after clause (iv) the following new clause: meaning of subsection (d)(9)) thereof.’’. duction allocated to such interest, and ‘‘(v) any general aviation aircraft, and’’. (b) CONFORMING AMENDMENT.—Paragraph ‘‘(C) the amounts treated as realized from (b) CLASS LIFE.—Paragraph (3) of section (9) of section 199(d) is amended to read as fol- the sale or exchange of property other than 168(g) Internal Revenue Code of 1986 is lows: a capital asset under section 751 with respect amended by inserting after subparagraph (E) ‘‘(9) PRIMARY PRODUCT.—For purposes of to such interest. the following new subparagraph: subsection (c)(4)(B)(iv), the term ‘primary ‘‘(2) EXCEPTION FOR QUALIFIED CAPITAL IN- ‘‘(F) GENERAL AVIATION AIRCRAFT.—In the product’ has the same meaning as when used TERESTS.—A rule similar to the rule of sec- case of any general aviation aircraft, the re- in section 927(a)(2)(C) as in effect before its tion 710(d) shall apply for purposes of apply- covery period used for purposes of paragraph repeal.’’. ing paragraph (1)(B)(ii).’’. (2) shall be 12 years.’’. (c) EFFECTIVE DATE.—The amendments (2) SOCIAL SECURITY ACT.—Section 211(a) of (c) GENERAL AVIATION AIRCRAFT.—Sub- made by this section shall apply to taxable the Social Security Act is amended by strik- section (i) of section 168 Internal Revenue years beginning after December 31, 2012. ing ‘‘and’’ at the end of paragraph (15), by Code of 1986 is amended by inserting after SEC. 435. REPEAL OIL AND GAS WORKING INTER- striking the period at the end of paragraph paragraph (19) the following new paragraph: EST EXCEPTION TO PASSIVE ACTIV- (16) and inserting ‘‘; and’’, and by inserting ‘‘(20) GENERAL AVIATION AIRCRAFT.—The ITY RULES. after paragraph (16) the following new para- term ‘general aviation aircraft’ means any (a) IN GENERAL.—Paragraph (3) of section graph: airplane or helicopter (including airframes 469(c) of the Internal Revenue Code of 1986

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(relating to passive activity defined) is ‘‘(A) is subject to a levy of such country or ‘‘(b) TRIGGER.—If a joint committee bill amended by adding at the end thereof the possession, and achieving an amount greater than following new subparagraph— ‘‘(B) receives (or will receive) directly or ‘$1,650,000,000,000’ in deficit reduction as pro- ‘‘(C) TERMINATION.—Subparagraph (A) shall indirectly a specific economic benefit (as de- vided in section 401(b)(3)(B)(i)(II) of this Act not apply for any taxable year beginning termined in accordance with regulations) is enacted by January 15, 2012, then the after December 31 2012.’’. from such country or possession. amendments to the Internal Revenue Code of (b) EFFECTIVE DATE.—The amendment ‘‘(3) REGULATIONS.—The Secretary may 1986 made by subtitles A through E of title made by this section shall apply to taxable issue such regulations or other guidance as IV of the American Jobs Act of 2011, shall years beginning after December 31, 2012. is necessary or appropriate to carry out the not be in effect for any taxable year.’’. SEC. 436. UNIFORM SEVEN-YEAR AMORTIZATION purposes of this subsection.’’. FOR GEOLOGICAL AND GEO- (b) CONTRARY TREATY OBLIGATIONS By Mr. KIRK (for himself, Mr. PHYSICAL EXPENDITURES. UPHELD.—The amendments made by this sec- ALEXANDER, Mr. RUBIO, and Mr. (a) IN GENERAL.—Paragraph (1) of section tion shall not apply to the extent contrary WYDEN): 167(h) of the Internal Revenue Code of 1986 to any treaty obligation of the United S. 1551. A bill to establish a smart (relating to amortization of geological and States. card pilot program under the Medicare geophysical expenditures) is amended by (c) EFFECTIVE DATE.—The amendments program; to the Committee on Fi- striking ‘‘24-month’’ and inserting in lieu made by this section shall apply to amounts nance. thereof ‘‘7-year’’. that, if such amounts were an amount of tax (b) CONFORMING AMENDMENTS.—Section Mr. KIRK. Mr. President, I am paid or accrued, would be considered paid or pleased to stand here today and intro- 167(h) is amended— accrued in taxable years beginning after De- (1) by striking ‘‘24-month’’ in paragraph (4) cember 31, 2012. duce the Medicare Common Access and inserting in lieu thereof ‘‘7-year’’, and Card Act of 2011 with my colleague SEC. 442. SEPARATE BASKET TREATMENT TAXES (2) by striking paragraph (5). PAID ON FOREIGN OIL AND GAS IN- from Oregon, Senator RON WYDEN. (c) EFFECTIVE DATE.—The amendments COME. Every year, at least $60 billion in the made by this section shall apply to amounts (a) SEPARATE BASKET FOR FOREIGN TAX Medicare program is attributed to paid or incurred after December 31, 2012. CREDIT.—Paragraph (1) of section 904(d) of waste, fraud, and abuse in the Medicare SEC. 437. REPEAL ENHANCED OIL RECOVERY the Internal Revenue Code of 1986 is amended program. One of the fundamental steps CREDIT. by striking ‘‘and’’ at the end of subparagraph (a) IN GENERAL.—Subpart D of part IV of Congress can take to address this is to (A), by striking the period at the end of sub- subchapter A of chapter 1of the Internal Rev- upgrade the beneficiary’s Medicare paragraph (B) and inserting ‘‘, and’’, and by enue Code of 1986 (relating to business re- card using secure smart card tech- adding at the end the following: lated credits) is amended by striking section ‘‘(C) combined foreign oil and gas income nology, similar to the one already used 43 (relating to enhanced oil recovery credit). (as defined in section 907(b)(1)).’’. for Department of Defense personnel. (b) CLERICAL AMENDMENT.—The table of (b) COORDINATION.—Section 904(d)(2)of such Verifying identity through a secure sections for subpart D of part IV of sub- Code is amended by redesignating subpara- smart card will protect a beneficiary’s chapter A of chapter 1 of the Internal Rev- graphs (J) and (K) as subparagraphs (K) and personal information, prevent fraud enue Code of 1986 is amended by striking the (L) and by inserting after subparagraph (I) item relating to section 43. among beneficiaries and providers, and the following: (c) EFFECTIVE DATE.—The amendments legitimize Medicare claims. The De- made by this section shall apply to taxable ‘‘(J) COORDINATION WITH COMBINED FOREIGN partment of Defense has issued over 20 years beginning after December 31, 2012. OIL AND GAS INCOME.—For purposes of this million secure smart cards as their section, passive category income and general SEC. 438. REPEAL MARGINAL WELL PRODUCTION ‘‘Common Access Card,’’ CAC, to au- category income shall not include combined CREDIT. thenticate and verify users for access foreign oil and gas income (as defined in sec- (a) IN GENERAL.—Subpart D of part IV of to programs and facilities. To date, subchapter A of chapter 1of the Internal Rev- tion 907(b)(1)).’’. (c) CONFORMING AMENDMENTS.— DoD reports that not a single Common enue Code of 1986 (relating to business re- Access Card has been counterfeited. We lated credits) is amended by striking section (1) Section 907(a) is hereby repealed. 45I (relating to credit for producing oil and (2) Section 907(c)(4) is hereby repealed. cannot stop or prevent fraud in the sys- gas from marginal wells). (3) Section 907(f) is hereby repealed. tem until we find a way to know and (b) CLERICAL AMENDMENT.—The table of (d) EFFECTIVE DATES.— verify who is authorized to provide and sections for subpart D of part IV of sub- (1) IN GENERAL.—The amendments made by receive benefits. chapter A of chapter 1 of the Internal Rev- this section shall apply to taxable years be- The Medicare Common Access Card enue Code of 1986 is amended by striking the ginning after December 31, 2012. Act of 2011 builds on the success of the item relating to section 45I. (2) TRANSITIONAL RULES.— DoD CAC card to establish a program (c) EFFECTIVE DATE.—The amendments (A) CARRYOVERS.—Any unused foreign oil and gas taxes which under section 907(f) of that simply and securely verifies the made by this section shall apply to taxable identity of both Medicare beneficiaries years beginning after December 31, 2012. such Code (as in effect before the amendment made by subsection (c)(3)) would have been and providers. By implementing well- Subtitle E—Dual Capacity Taxpayers allowable as a carryover to the taxpayer’s established Common Access Card tech- SEC. 441. MODIFICATIONS OF FOREIGN TAX first taxable year beginning after December nology to protect the Medicare pro- CREDIT RULES APPLICABLE TO 31, 2012 (without regard to the limitation of DUAL CAPACITY TAXPAYERS. gram, we can save U.S. taxpayers bil- paragraph (2) of such section 907(f) for first (a) IN GENERAL.—Section 901 of the Inter- lions of dollars while securing the pri- nal Revenue Code of 1986 (relating to credit taxable year) shall be allowed as carryovers vacy of America’s seniors. I urge my for taxes of foreign countries and of posses- under section 904(c) of such Code in the same colleagues to join us in supporting the sions of the United States) is amended by re- manner as if such taxes were unused taxes Medicare Common Access Card Act—a under such section 904(c) with respect to for- designating subsection (n) as subsection (o) common sense approach to reforming and by inserting after subsection (m) the fol- eign oil and gas extraction income. (B) LOSSES.—The amendment made by sub- Medicare, protecting seniors and pre- lowing new subsection: venting millions of dollars in waste, ‘‘(n) SPECIAL RULES RELATING TO DUAL CA- section (c)(2) shall not apply to foreign oil fraud, and abuse. PACITY TAXPAYERS.— and gas extraction losses arising in taxable ‘‘(1) GENERAL RULE.—Notwithstanding any years beginning on or before the date of the f enactment of this Act. other provision of this chapter, any amount SUBMITTED RESOLUTIONS paid or accrued by a dual capacity taxpayer Subtitle F—Increased Target and Trigger for or any member of the worldwide affiliated Joint Select Committee on Deficit Reduction group of which such dual capacity taxpayer SEC. 451. INCREASED TARGET AND TRIGGER FOR SENATE RESOLUTION 261—DESIG- is also a member to any foreign country or JOINT SELECT COMMITTEE ON DEF- NATING THE MONTH OF OCTO- to any possession of the United States for ICIT REDUCTION. any period shall not be considered a tax to (a) INCREASED TARGET FOR JOINT SELECT BER 2011 AS ‘‘NATIONAL MEDI- the extent such amount exceeds the amount COMMITTEE.—Section 401(b)(2) of the Budget CINE ABUSE AWARENESS (determined in accordance with regulations) Control Act of 2011 is amended by striking MONTH’’ which would have been required to be paid if ‘‘$1,500,000,000,000’’ and inserting Mrs. FEINSTEIN (for herself, Mr. the taxpayer were not a dual capacity tax- ‘‘$1,950,000,000,000’’. GRASSLEY, Mr. BLUMENTHAL, Mr. payer. (b) TRIGGER FOR JOINT SELECT COM- WHITEHOUSE, Mr. DURBIN, Mr. ROCKE- ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- MITTEE.—Section 302 of the Budget Control poses of this subsection, the term ‘dual ca- Act of 2011 is amended by redesignating sub- FELLER, Mr. MANCHIN, and Mr. pacity taxpayer’ means, with respect to any section (b) as subsection (c) and by inserting PORTMAN) submitted the following res- foreign country or possession of the United after subsection (a) the following new sub- olution; which was referred to the States, a person who— section: Committee on the Judiciary:

VerDate Mar 15 2010 05:22 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.090 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5581 S. RES. 261 about substance abuse and organizations potentially dangerous, expired, unused Whereas over-the-counter and prescription that represent the leading makers of over- or unwanted medications during their medicines approved by the Food and Drug the-counter drugs have developed a nation- nationwide prescription drug ‘‘take Administration have been determined to be wide prevention campaign that utilizes re- back’’ campaign. We invite our col- safe and effective when used properly; search-based educational advertisements, public relations and news media, and the leagues to join us in continuing the ef- Whereas the abuse of such medicines can forts of the DEA and partnering orga- be extremely dangerous and produce serious Internet to inform parents about the nega- side effects; tive teen behavior of intentional abuse of nizations to combat the misuse of psy- Whereas according to the Substance Abuse medicines, in order to empower parents to ef- chotherapeutic medications by desig- and Mental Health Services Administration’s fectively communicate with their children nating October 2011 as National Medi- 2010 National Survey on Drug Use and about this dangerous trend and to take nec- cine Abuse Awareness Month. This is Health, the nonmedical use of prescription essary steps to safeguard prescription and an opportunity for Americans to reaf- drugs has risen, with 2.5 percent of the popu- over-the-counter medicines in their homes; firm our national, State and local level and lation engaging in nonmedical use of pre- commitment to living healthy, drug- scription drugs in 2008 and 2.8 percent of the Whereas educating the public on the dan- gers of medicine abuse and promoting pre- free lifestyles. population engaging in such use in 2009; Mr. GRASSLEY. Mr. President, I am Whereas the 2010 National Survey on Drug vention of medicine abuse are critical com- Use and Health illustrates that the abuse of ponents of what must be a multi-pronged ef- pleased to join Senator FEINSTEIN in prescription medications such as pain reliev- fort to curb prescription and over-the- cosponsoring a resolution designating ers, tranquilizers, stimulants, and sedatives counter medicine abuse: Now, therefore, be it the month of October 2011 as National is second only to marijuana, the most com- Resolved, That the Senate— Medicine Abuse Awareness Month. The monly abused illegal drug in the United (1) designates the month of October 2011 as abuse of prescription drugs and cold ‘‘National Medicine Abuse Awareness States; medicine is currently the fastest grow- Whereas the 2010 Monitoring the Future Month’’; and (2) urges communities to carry out appro- ing drug abuse trend in the country. survey, funded by the National Institutes of According to the most recent National Health, indicates that approximately 5 per- priate programs and activities to educate cent of teenagers in the United States report parents and youth about the potential dan- Survey of Drug Use and Health having abused an over-the-counter cough gers associated with medicine abuse. (NSDUH), more and more people are medicine to get high, and prescription and Mrs. FEINSTEIN. Mr. President, I turning to using controlled substances over-the-counter drugs account for 8 of the rise to introduce a resolution desig- without a doctor’s prescription. The 14 most frequently abused drugs by students nating October 2011 as National Medi- same survey shows that nearly one- in grade 12; cine Abuse Awareness Month with my third of all respondents who initiated Whereas the 2010 Monitoring the Future colleagues and friends, Senators drug use in the past year used prescrip- survey also indicates that the intentional CHARLES GRASSLEY, RICHARD tion drugs. People between the ages of abuse of cough medicine among students in grades 8, 10, and 12 is at 3.2 percent, 5.1 per- BLUMENTHAL, SHELDON WHITEHOUSE, 12 and 25 are the most common group cent, and 6.6 percent, respectively; DICK DURBIN, JAY ROCKEFELLER, JOE to abuse these drugs. Whereas according to research from The MANCHIN and ROB PORTMAN. More people are dying because of this Partnership at DrugFree.org, more than one- According to the Office of National abuse. The Centers for Disease Control third of teenagers mistakenly believe that Drug Control Policy, prescription drug and Prevention reports that the unin- taking prescription drugs, even if not pre- abuse is our Nation’s fastest-growing tentional deaths involving prescription scribed by a doctor, is much safer than using drug problem. The U.S. Substance narcotics increased 117 percent from street drugs; Abuse and Mental Health Services Ad- the years 2001 to 2005. In my home Whereas the lack of understanding by teen- agers and parents of the potential harm of ministration’s 2010 National Survey on State of Iowa, the Governor’s Office of such powerful medicines makes it more crit- Drug Use and Health found that the Drug Control Policy reports that at ical than ever to raise public awareness non-medical use of prescription drugs least 40 people died from an overdose of about the dangers of the abuse of such drugs; rose from 2.5 percent of the population prescription painkillers in 2009. This Whereas when prescription drugs are in 2008 to 2.8 percent in 2009. The 2010 represents a sharp increase in the last abused, such drugs are most often obtained National Survey on Drug Use and decade when only three people died through friends and relatives; Health illustrates that the abuse of from painkiller overdoses in 2000. Whereas parents should be aware that the prescription medications such as pain Abuse of over-the-counter, OTC, Internet gives teenagers access to websites cough and cold medicines is also that promote the abuse of medicines; relievers, tranquilizers, stimulants, Whereas the designation of ‘‘National Med- and sedatives is second only to mari- alarming. While these common cold icine Abuse Awareness Month’’ promotes the juana, the number one illegal drug of medicines are safe and effective if used message that over-the-counter and prescrip- abuse in the United States. properly, the abuse of these medicines tion medicines should be taken only as la- Sadly the number of people who have can also be destructive. According to a beled or prescribed, and such medicines can unintentionally overdosed on prescrip- study conducted by the Partnership for have serious or life-threatening con- tion drugs is rising rapidly. The mis- a Drug-Free America, nearly 1 in 10 sequences when used to get high or in large conception that taking prescription young people between the ages of 12 doses; drugs, even if not prescribed by a doc- and 17 have intentionally abused cough Whereas the designation of ‘‘National Med- icine Abuse Awareness Month’’ will encour- tor is safer than using street drugs is medicine to get high off its main ingre- age parents to educate themselves about the becoming more and more widespread, dient dextromethorphan. This is a problem of abuse of over-the-counter and as seen in the number of visits by indi- problem that cannot be ignored. prescription medicines, and talk to their viduals to hospital emergency rooms Millions of Americans use these teens about all types of substance abuse; involving the misuse or abuse of phar- medicines every year to treat a variety Whereas observance of ‘‘National Medicine maceutical drugs which has doubled of symptoms due to injury, depression, Abuse Awareness Month’’ should be encour- over the past five years. insomnia, and the effects of the com- aged at the national, State, and local levels Throughout National Medicine Abuse mon cold. Many legitimate users of to increase awareness of the abuse of medi- Awareness Month, we encourage com- these drugs often do not use as much cines; Whereas educational tools, training pro- munities to promote the message that medication as the prescription con- grams, and strategies have been developed by over-the-counter and prescription tains. As a result, these drugs remain the national organization that represents medicines are to be taken only as la- in the family medicine cabinet for 5,000 anti-drug coalitions nationwide and the beled or prescribed and to encourage months or years because people forget association representing makers of over-the- safe disposal of unused medications. about them or do not know how to counter medicines, in order to help local coa- Educating the public on the dangerous properly dispose of them. However, litions demonstrate the best ways to engage consequences of taking prescription many of these drugs, when not properly and educate parents and grandparents, drugs to get high or in large doses is used or administered, are just as ad- teachers, law enforcement officials, doctors, other healthcare professionals, and retailers critical. dictive and deadly as street drugs like about the potential harms of cough medicine We applaud the efforts of the Drug methamphetamine or cocaine. abuse; Enforcement Administration, DEA, According to the NSDUH, more than Whereas a partnership of nonprofit associa- and local and State law enforcement half of the people who abuse these tions specializing in raising media awareness agencies across the country to collect drugs reported that they obtained OTC

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As a result, groups and organi- tional Health Information Technology Week sionals in every community throughout the zations like the Drug Enforcement Ad- to improve public awareness of the benefits United States; and of improved quality and cost efficiency of Whereas many direct support professionals ministration, the Office of National the healthcare system that the implementa- are forced to leave jobs due to inadequate Drug Control Policy, the Community tion of health information technology could wages and benefits, creating high turnover Anti-Drug Coalitions of America, the achieve: Now, therefore, be it and vacancy rates that research dem- Consumer Healthcare Products Asso- Resolved, That the Senate— onstrates adversely affects the quality of ciation, and the Partnership for a (1) designates the week beginning on Sep- supports to individuals with disabilities: Drug-Free America have been reaching tember 12, 2011, and ending on September 16, Now, therefore, be it 2011, as ‘‘National Health Information Tech- out to communities throughout the Resolved, That the Senate— nology Week’’; (1) designates the week beginning Sep- Nation to raise awareness of this grow- (2) recognizes the value of information tember 11, 2011, as ‘‘National Direct Support ing drug abuse trend and encourage technology and management systems in Professionals Recognition Week’’; communities to tackle the problem transforming healthcare for the people of the (2) recognizes the dedication and vital role head on. Many community antidrug United States; and of direct support professionals in enhancing coalitions, including those in Iowa, (3) calls on all interested parties to pro- the lives of individuals with disabilities of public health officials, and law enforce- mote the use of information technology and all ages; management systems to transform the (3) appreciates the contribution of direct ment officials have been holding town- healthcare system of the United States. halls, organizing community ‘‘clean support professionals in supporting the needs f that reach beyond the capacities of millions out your medicine cabinet’’ events, and of families in the United States; holding many other events to raise SENATE RESOLUTION 263—DESIG- (4) commends direct support professionals awareness of this growing abuse in an NATING THE WEEK BEGINNING as integral in supporting the long-term sup- effort to reverse this trend. SEPTEMBER 11, 2011, AS ‘‘NA- port and services system of the United We can stop the growing trend of TIONAL DIRECT SUPPORT PRO- States; and medicine abuse in its tracks, but it will FESSIONALS RECOGNITION (5) finds that the successful implementa- require all sectors of the community to WEEK’’ tion of the public policies of the United join together to make it happen. The States depends on the dedication of direct Mr. NELSON of Nebraska (for him- support professionals. National Medicine Abuse Awareness self and Ms. COLLINS) submitted the Month resolution promotes the mes- following resolution; which was consid- f sage that over-the-counter and pre- ered and agreed to: SENATE RESOLUTION 264—DESIG- scription medicines must be taken as S. RES. 263 NATING SEPTEMBER 12, 2011, AS directed, and when used recreationally Whereas direct support professionals, di- ‘‘NATIONAL DAY OF ENCOURAGE- or in large doses they can have serious rect care workers, personal assistants, per- MENT’’ and deadly consequences. This resolu- sonal attendants, in-home support workers, Mr. PRYOR (for himself and Mr. and paraprofessionals (referred to in this pre- tion will help remind parents that ac- BOOZMAN) submitted the following res- cess to drugs that are abused doesn’t amble as ‘‘direct support professionals’’) are the primary providers of publicly-funded olution; which was considered and just happen in alleys and on the agreed to: streets, but can often occur right in long term supports and services for millions of individuals; S. RES. 264 the home. I urge all my colleagues to Whereas a direct support professional must Whereas negative images, stories, and in- join me in supporting this resolution. build a close, trusted relationship with an in- fluences in the day-to-day lives of the people f dividual with disabilities; of the United States can detrimentally affect Whereas a direct support professional as- SENATE RESOLUTION 262—DESIG- their emotional well-being, interactions with sists an individual with disabilities with the others, and general demeanor; NATING THE WEEK BEGINNING most intimate needs, on a daily basis; Whereas a group of teenagers participating ON SEPTEMBER 12, 2011, AND Whereas direct support professionals pro- in a leadership forum at Harding University ENDING ON SEPTEMBER 16, 2011, vide a broad range of support, including in Searcy, Arkansas, identified a lack of en- AS ‘‘NATIONAL HEALTH INFOR- preparation of meals, helping with medica- couragement as one of the greatest problems MATION TECHNOLOGY WEEK’’ TO tions, bathing, dressing, mobility, transpor- facing young people today; RECOGNIZE THE VALUE OF tation to school, work, religious, and rec- Whereas the youth of the United States HEALTH INFORMATION TECH- reational activities, and general daily af- need guidance, inspiration, and reassurance fairs; NOLOGY IN IMPROVING HEALTH to counteract this negativity and to develop Whereas a direct support professional pro- the qualities of character essential for future QUALITY vides essential support to help keep an indi- leadership in the United States; Ms. STABENOW (for herself and Ms. vidual with disabilities connected to such in- Whereas a National Day of Encouragement SNOWE) submitted the following resolu- dividual’s family and community; would serve as a reminder to counterbalance tion; which was considered and agreed Whereas direct support professionals en- and overcome negative influences, and would to: able individuals with disabilities to live also provide much-needed encouragement meaningful, productive lives; and support to others; S. RES. 262 Whereas direct support professionals are Whereas, following the events of Sep- Whereas healthcare information tech- the key to allowing an individual with dis- tember 11, 2001, thousands of people made nology and management systems have been abilities to live successfully in such individ- sacrifices in order to bring help and healing recognized as essential tools for improving ual’s community, and to avoid more costly to the victims and their families, inspiring patient care, ensuring patient safety, stop- institutional care; and encouraging the people of the United ping duplicative tests and paperwork, and re- Whereas the majority of direct support States; and ducing health care costs; professionals are female, and many are the Whereas the renewed feelings of unity, Whereas the Center for Information Tech- sole breadwinners of their families; hope, selflessness, and encouragement that nology Leadership has estimated that the Whereas direct support professionals work began on September 12, 2001, are the same implementation of national standards for and pay taxes, but many such professionals feelings that the National Day of Encourage- interoperability and the exchange of health remain impoverished and are eligible for the ment is meant to recapture and spread: Now, information would save the United States same Federal and State public assistance therefore, be it approximately $77,000,000,000 in expenses re- programs on which the individuals with dis- Resolved, That the Senate— lating to healthcare each year; abilities served by such direct support pro- (1) designates September 12, 2011, as ‘‘Na- Whereas Congress has made a commitment fessionals must depend; tional Day of Encouragement’’; to leveraging the benefits of healthcare in- Whereas Federal and State policies, as well (2) acknowledges the importance of encour- formation technology and management sys- as the Supreme Court, in Olmstead v. L.C., agement and positive influences in the lives tems, including supporting the adoption of 527 U.S. 581 (1999), assert the right of an indi- of all people; and electronic health records that will help to re- vidual to live in the home and community of (3) urges the people of the United States to duce costs and improve quality while ensur- the individual; encourage others, whether through an act of ing the privacy of patients; Whereas, in 2011, the majority of direct service, a thoughtful letter, or words of kind- Whereas Congress has emphasized improv- support professionals are employed in home ness and inspiration, and by that encourage- ing the quality and safety of delivery of and community-based settings and this trend ment to boost the morale of all people of the healthcare in the United States; and is projected to increase over the decade; United States.

VerDate Mar 15 2010 06:17 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.025 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5583 SENATE RESOLUTION 265—HON- The PRESIDING OFFICER. Without mittee on Homeland Security and Gov- ORING THE LIFETIME ACHIEVE- objection, it is so ordered. ernmental Affairs’ Subcommittee on MENTS OF E. THOM RUMBERGER COMMITTEE ON FOREIGN RELATIONS Oversight of Government Management, Mr. NELSON of Florida (for himself Mr. LEAHY. Mr. President, I ask the Federal Workforce, and the Dis- and Mr. RUBIO) submitted the following unanimous consent that the Com- trict of Columbia be authorized to resolution; which was considered and mittee on Foreign Relations be author- meet during the session of the Senate agreed to: ized to meet during the session of the on September 13, 2011, at 2:30 p.m. to S. RES. 265 Senate on September 13, 2011, at 2:15 conduct a hearing entitled, ‘‘Agro-De- Whereas E. Thom Rumberger served in the p.m. fense: Responding to Threats Against United States Marine Corps; The PRESIDING OFFICER. Without America’s Agriculture and Food Sys- Whereas Thom Rumberger earned a bach- objection, it is so ordered. tem.’’ elor’s degree, with honors, and a J.D. from COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. Without the University of Florida; AND PENSIONS objection, it is so ordered. Whereas Thom Rumberger was a founding Mr. LEAHY. Mr. President, I ask f partner of the law firm Rumberger, Kirk & unanimous consent that the Com- Caldwell, which has represented multi- EXECUTIVE SESSION national corporations such as American Air- mittee on Health, Education, Labor, lines, Inc., Sears, Roebuck and Co., and Toy- and Pensions be authorized to meet ota Motor Corporation; during the session of the Senate to con- EXECUTIVE CALENDAR Whereas Thom Rumberger was listed in duct a hearing entitled ‘‘Is Poverty a Mr. DURBIN. Mr. President, I ask Florida Super Lawyers every year from 2007 Death Sentence?’’ on September 13, unanimous consent that the Senate to 2010; 2011, at 10 a.m., in room 430 of the Dirk- proceed to executive session to con- Whereas Thom Rumberger was appointed sen Senate Office Building. Circuit Judge in the 18th Judicial Circuit of The PRESIDING OFFICER. Without sider the following nomination: Cal- Florida in 1969; objection, it is so ordered. endar No. 128; that the nomination be Whereas Thom Rumberger committed him- confirmed, the motion to reconsider be COMMITTEE ON HOMELAND SECURITY AND self to numerous acts of public service, in- considered made and laid upon the cluding serving on the Federal Judicial Advi- GOVERNMENTAL AFFFAIRS sory Commission of Florida and the Board of Mr. LEAHY. Mr. President, I ask table, with no intervening action or de- Supervisors of the Spaceport Florida Author- unanimous consent that the Com- bate; that no further motions be in ity; mittee on Homeland Security and Gov- order to the nomination; that any re- Whereas Thom Rumberger was one of the ernmental Afffairs be authorized to lated statements be printed in the most steadfast champions of the Everglades RECORD; that the President be imme- in Florida; meet during the session of the Senate on September 13, 2011, at 10 a.m. to diately notified of the Senate’s action, Whereas Thom Rumberger served as lead and the Senate then resume legislative counsel for the Everglades Foundation since conduct a hearing entitled ‘‘Ten Years 1999; After 9/11: Are We Safer?’’ session. Whereas Thom Rumberger was instru- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without mental in the passage of 2 amendments to objection, it is so ordered. objection, it is so ordered. The nomination considered and con- the Florida Constitution and of section 601 of COMMITTEE ON THE JUDICIARY the Water Resources Development Act of Mr. LEAHY. Mr. President, I ask firmed is as follows: 2000 (Public Law 106–541; 114 Stat. 2680), UNITED STATES AGENCY FOR INTERNATIONAL known as the Comprehensive Everglades unanimous consent that the Com- mittee on the Judiciary be authorized DEVELOPMENT Restoration Plan; Mara E. Rudman, of Massachusetts, to be Whereas Thom Rumberger was instru- to meet during the session of the Sen- ate on September 13, 2011, at 10 a.m., in an Assistant Administrator of the United mental in obtaining several billion dollars in States Agency for International Develop- funding for Everglades restoration; and room SD–226 of the Dirksen Senate Of- ment. Whereas Thom Rumberger served on the fice Building, to conduct a hearing en- f Florida Governor’s 2001 Select Task Force on titled ‘‘Civil Rights Division Over- Elections and the 2002 Select Task Force on sight.’’ LEGISLATIVE SESSION Election Procedures, Standards and Tech- The PRESIDING OFFICER. Without nology, and was Chairman of the Legisla- The PRESIDING OFFICER. The Sen- ture’s Study Committee on Public Records objection, it is so ordered. ate will now resume legislative session. in 2002: Now, therefore, be it SELECT COMMITTEE ON INTELLIGENCE f Resolved, That the Senate— Mr. LEAHY. Mr. President, I ask (1) recognizes and honors the professional unanimous consent that the Select NATIONAL NURSE-MANAGED success of E. Thom Rumberger; and Committee on Intelligence be author- HEALTH CLINIC WEEK (2) recognizes and honors the lifelong dedi- ized to meet during the session of the Mr. DURBIN. Mr. President, I ask cation of Thom Rumberger to the protection unanimous consent that the Judiciary of the Florida Everglades. Senate on September 13, 2011, at 9:30 a.m. Committee be discharged from further f The PRESIDING OFFICER. Without consideration of S. Res. 256 and the AUTHORITY FOR COMMITTEES TO objection, it is so ordered. Senate proceed to its consideration. MEET SUBCOMMITTEE ON FISCAL RESPONSIBILITY AND The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES ECONOMIC GROWTH objection, it is so ordered. Mr. LEAHY. Mr. President, I ask Mr. LEAHY. Mr. President, I ask The clerk will report the resolution unanimous consent that the Com- unanimous consent that the Sub- by title. mittee on Armed Services be author- committee on Fiscal Responsibility The assistant legislative clerk read ized to meet during the session of the and Economic Growth of the Com- as follows: Senate on September 13, 2011, at 9:30 mittee on Finance be authorized to A resolution (S. Res. 256) designating the a.m. meet during the session of the Senate week of October 2 through October 8, 2011, as The PRESIDING OFFICER. Without on September 13, 2011, at 2 p.m., in ‘‘National Nurse-Managed Health Clinic objection, it is so ordered. room 215 of the Dirksen Senate Office Week.’’ COMMITTEE ON BANKING, HOUSING, AND URBAN Building, to conduct a hearing entitled There being no objection, the Senate AFFAIRS ‘‘The Role of Tax Reform in Com- proceeded to consider the resolution. Mr. LEAHY. Mr. President, I ask prehensive Deficit Reduction and U.S. Mr. DURBIN. Mr. President, I ask unanimous consent that the Com- Fiscal Policy.’’ unanimous consent that the resolution mittee on Banking, Housing, and The PRESIDING OFFICER. Without be agreed to, the preamble be agreed Urban Affairs be authorized to meet objection, it is so ordered. to, the motions to reconsider be laid during the session of the Senate on SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT upon the table, with no intervening ac- September 13, 2011, at 10 a.m. to con- MANAGEMENT, THE FEDERAL WORKFORCE, tion or debate, and any related state- duct a hearing entitled ‘‘Housing Fi- AND THE DISTRICT OF COLUMBIA ments be printed in the RECORD. nance Reform: Should There Be a Gov- Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without ernment Guarantee?’’ unanimous consent that the Com- objection, it is so ordered.

VerDate Mar 15 2010 06:17 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.094 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE S5584 CONGRESSIONAL RECORD — SENATE September 13, 2011 The resolution (S. Res. 256) was 262, S. Res. 263, S. Res. 264, and S. Res. Whereas a direct support professional must agreed to. 265. build a close, trusted relationship with an in- The preamble was agreed to. There being no objection, the Senate dividual with disabilities; Whereas a direct support professional as- The resolution, with its preamble, proceeded to consider the resolutions. reads as follows: sists an individual with disabilities with the Mr. DURBIN. I ask unanimous con- most intimate needs, on a daily basis; S. RES. 256 sent that the resolutions be agreed to, Whereas direct support professionals pro- Whereas nurse-managed health clinics are the preambles be agreed to, the mo- vide a broad range of support, including nonprofit community-based health care sites tions to reconsider be laid upon the preparation of meals, helping with medica- that offer primary care and wellness services table en bloc, with no intervening ac- tions, bathing, dressing, mobility, transpor- based on the nursing model; tion or debate, and any related state- tation to school, work, religious, and rec- Whereas the nursing model emphasizes the reational activities, and general daily af- ments be printed in the RECORD. protection, promotion, and optimization of fairs; health, the prevention of illness, the allevi- The PRESIDING OFFICER. Without Whereas a direct support professional pro- ation of suffering, and the diagnosis and objection, it is so ordered. vides essential support to help keep an indi- treatment of illness; The resolutions were agreed to. vidual with disabilities connected to such in- Whereas nurse-managed health clinics are dividual’s family and community; led by advanced practice nurses and staffed The preambles were agreed to. Whereas direct support professionals en- by an interdisciplinary team of highly quali- The resolutions, with their pre- able individuals with disabilities to live fied health care professionals; ambles, read as follows: Whereas nurse-managed health clinics meaningful, productive lives; S. RES. 262 offer a broad scope of services including Whereas direct support professionals are treatment for acute and chronic illnesses, Designating the week beginning on Sep- the key to allowing an individual with dis- routine physical exams, immunizations for tember 12, 2011, and ending on September abilities to live successfully in such individ- adults and children, disease screenings, 16, 2011, as ‘‘National Health Information ual’s community, and to avoid more costly health education, prenatal care, dental care, Technology Week’’ to recognize the value institutional care; and drug and alcohol treatment; of health information technology in im- Whereas the majority of direct support Whereas nurse-managed health clinics proving health quality professionals are female, and many are the have a proven track record, as the first fed- Whereas healthcare information tech- sole breadwinners of their families; erally funded nurse-managed health clinic nology and management systems have been Whereas direct support professionals work was created more than 35 years ago; recognized as essential tools for improving and pay taxes, but many such professionals Whereas, as of June 2011, more than 250 patient care, ensuring patient safety, stop- remain impoverished and are eligible for the nurse-managed health clinics provided care ping duplicative tests and paperwork, and re- same Federal and State public assistance across the United States and recorded more ducing health care costs; programs on which the individuals with dis- than 2,000,000 client encounters annually; Whereas the Center for Information Tech- abilities served by such direct support pro- Whereas nurse-managed health clinics nology Leadership has estimated that the fessionals must depend; serve a unique dual role as both health care implementation of national standards for Whereas Federal and State policies, as well safety net access points and health work- interoperability and the exchange of health as the Supreme Court, in Olmstead v. L.C., force development sites, given that the ma- information would save the United States 527 U.S. 581 (1999), assert the right of an indi- jority of nurse-managed health clinics are approximately $77,000,000,000 in expenses re- vidual to live in the home and community of affiliated with schools of nursing and serve lating to healthcare each year; the individual; as clinical education sites for students enter- Whereas Congress has made a commitment Whereas, in 2011, the majority of direct ing the health profession; to leveraging the benefits of healthcare in- support professionals are employed in home Whereas nurse-managed health clinics formation technology and management sys- and community-based settings and this trend strengthen the health care safety net by ex- tems, including supporting the adoption of is projected to increase over the decade; panding access to primary care and chronic electronic health records that will help to re- Whereas there is a documented critical and disease management services for vulnerable duce costs and improve quality while ensur- growing shortage of direct support profes- and medically underserved populations in di- ing the privacy of patients; sionals in every community throughout the verse rural, urban, and suburban commu- Whereas Congress has emphasized improv- United States; and nities; ing the quality and safety of delivery of Whereas many direct support professionals Whereas research has shown that nurse- healthcare in the United States; and are forced to leave jobs due to inadequate managed health clinics experience high-pa- Whereas since 2006, organizations across wages and benefits, creating high turnover tient retention and patient satisfaction the United States have united to support Na- and vacancy rates that research dem- rates, and nurse-managed health clinic pa- tional Health Information Technology Week onstrates adversely affects the quality of tients experience higher rates of generic to improve public awareness of the benefits supports to individuals with disabilities: medication fills and lower hospitalization of improved quality and cost efficiency of Now, therefore, be it rates when compared to similar safety net the healthcare system that the implementa- providers; and tion of health information technology could Resolved, That the Senate— Whereas the use of nurse-managed health achieve: Now, therefore, be it (1) designates the week beginning Sep- clinics offering both primary care and Resolved, That the Senate— tember 11, 2011, as ‘‘National Direct Support wellness services will help meet this in- (1) designates the week beginning on Sep- Professionals Recognition Week’’; creased demand in a cost-effective manner: tember 12, 2011, and ending on September 16, (2) recognizes the dedication and vital role Now, therefore, be it 2011, as ‘‘National Health Information Tech- of direct support professionals in enhancing Resolved, That the Senate— nology Week’’; the lives of individuals with disabilities of (1) designates the week of October 2 (2) recognizes the value of information all ages; through October 8, 2011, as ‘‘National Nurse- technology and management systems in (3) appreciates the contribution of direct Managed Health Clinic Week’’; transforming healthcare for the people of the support professionals in supporting the needs (2) supports the ideals and goals of Na- United States; and that reach beyond the capacities of millions tional Nurse-Managed Health Clinic Week; (3) calls on all interested parties to pro- of families in the United States; and mote the use of information technology and (4) commends direct support professionals (3) encourages the expansion of nurse-man- management systems to transform the as integral in supporting the long-term sup- aged health clinics so that nurse-managed healthcare system of the United States. port and services system of the United health clinics may continue to serve as S. RES. 263 States; and health care workforce development sites for (5) finds that the successful implementa- Designating the week beginning September the next generation of primary care pro- tion of the public policies of the United 11, 2011, as ‘‘National Direct Support Pro- viders. States depends on the dedication of direct fessionals Recognition Week’’ f support professionals. Whereas direct support professionals, di- RESOLUTIONS SUBMITTED TODAY rect care workers, personal assistants, per- S. RES. 264 Mr. DURBIN. Mr. President, I ask sonal attendants, in-home support workers, and paraprofessionals (referred to in this pre- Designating September 12, 2011, as ‘‘National unanimous consent the Senate proceed amble as ‘‘direct support professionals’’) are Day of Encouragement’’ to the immediate consideration en bloc the primary providers of publicly-funded Whereas negative images, stories, and in- of the following resolutions, which long term supports and services for millions fluences in the day-to-day lives of the people were submitted earlier today: S. Res. of individuals; of the United States can detrimentally affect

VerDate Mar 15 2010 06:17 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.035 S13SEPT1 pwalker on DSK5TPTVN1PROD with SENATE September 13, 2011 CONGRESSIONAL RECORD — SENATE S5585 their emotional well-being, interactions with Whereas Thom Rumberger served as lead er and the pledge, the Journal of pro- others, and general demeanor; counsel for the Everglades Foundation since ceedings be approved to date, the Whereas a group of teenagers participating 1999; morning hour be deemed expired, and in a leadership forum at Harding University Whereas Thom Rumberger was instru- the time for the two leaders be re- in Searcy, Arkansas, identified a lack of en- mental in the passage of 2 amendments to couragement as one of the greatest problems the Florida Constitution and of section 601 of served for their use later in the day; facing young people today; the Water Resources Development Act of that following any leader remarks, the Whereas the youth of the United States 2000 (Public Law 106–541; 114 Stat. 2680), Senate be in a period of morning busi- need guidance, inspiration, and reassurance known as the Comprehensive Everglades ness for 1 hour, with Senators per- to counteract this negativity and to develop Restoration Plan; mitted to speak therein for up to 10 the qualities of character essential for future Whereas Thom Rumberger was instru- minutes each, with the time equally di- leadership in the United States; mental in obtaining several billion dollars in vided and controlled between the two Whereas a National Day of Encouragement funding for Everglades restoration; and leaders or their designees, with the Re- would serve as a reminder to counterbalance Whereas Thom Rumberger served on the and overcome negative influences, and would Florida Governor’s 2001 Select Task Force on publicans controlling the first half and also provide much-needed encouragement Elections and the 2002 Select Task Force on the majority controlling the final half; and support to others; Election Procedures, Standards and Tech- that following morning business, the Whereas, following the events of Sep- nology, and was Chairman of the Legisla- Senate resume consideration of the tember 11, 2001, thousands of people made ture’s Study Committee on Public Records motion to proceed to H.J. Res. 66, a sacrifices in order to bring help and healing in 2002: Now, therefore, be it joint resolution regarding Burma sanc- to the victims and their families, inspiring Resolved, That the Senate— and encouraging the people of the United tions and the legislative vehicle for ad- (1) recognizes and honors the professional ditional FEMA funds postcloture; fi- States; and success of E. Thom Rumberger; and Whereas the renewed feelings of unity, (2) recognizes and honors the lifelong dedi- nally, that all time during adjourn- hope, selflessness, and encouragement that cation of Thom Rumberger to the protection ment, morning business, and recess began on September 12, 2001, are the same of the Florida Everglades. count postcloture on the motion to feelings that the National Day of Encourage- f proceed to H.J. Res. 66. ment is meant to recapture and spread: Now, The PRESIDING OFFICER. Without therefore, be it MEASURES READ THE FIRST objection, it is so ordered. Resolved, That the Senate— TIME—S. 1549, H.R. 2832, AND H.R. (1) designates September 12, 2011, as ‘‘Na- tional Day of Encouragement’’; 2887 f (2) acknowledges the importance of encour- Mr. DURBIN. Mr. President, I under- agement and positive influences in the lives stand there are three bills at the desk. PROGRAM of all people; and I ask for their first reading en bloc. Mr. DURBIN. Mr. President, we ex- (3) urges the people of the United States to The PRESIDING OFFICER. Without encourage others, whether through an act of pect to begin the consideration of H.J. service, a thoughtful letter, or words of kind- objection, the clerk will report the Res. 66 during Wednesday’s session. We ness and inspiration, and by that encourage- bills by title. also hope to consider the FAA and ment to boost the morale of all people of the The bill clerk read as follows: highway extensions which were re- United States. A bill (S. 1549) to provide tax relief for ceived from the House. S. RES. 265 American workers and businesses, to put Senators will be notified when votes Honoring the lifetime achievements of E. workers back on the job while rebuilding and are scheduled. Thom Rumberger modernizing America, and to provide path- ways back to work for Americans looking for Whereas E. Thom Rumberger served in the f United States Marine Corps; jobs. Whereas Thom Rumberger earned a bach- A bill (H.R. 2832) to extend the Generalized System of Preferences, and for other pur- ADJOURNMENT UNTIL 9:30 A.M. elor’s degree, with honors, and a J.D. from TOMORROW the University of Florida; poses. Whereas Thom Rumberger was a founding A bill (H.R. 2887) to provide an extension of Mr. DURBIN. Mr. President, if there partner of the law firm Rumberger, Kirk & Surface and Air Transportation Programs, is no further business to come before and for other purposes. Caldwell, which has represented multi- the Senate, I ask unanimous consent national corporations such as American Air- Mr. DURBIN. I now ask for a second that it adjourn under the previous lines, Inc., Sears, Roebuck and Co., and Toy- reading en bloc, and I object to my own order. ota Motor Corporation; request en bloc. There being no objection, the Senate, Whereas Thom Rumberger was listed in The PRESIDING OFFICER. Objec- Florida Super Lawyers every year from 2007 at 5:50 p.m., adjourned until Wednes- to 2010; tion is heard. The bills will have their day, September 14, 2011, at 9:30 a.m. Whereas Thom Rumberger was appointed second reading on the next legislative Circuit Judge in the 18th Judicial Circuit of day. f Florida in 1969; f Whereas Thom Rumberger committed him- CONFIRMATION self to numerous acts of public service, in- ORDERS FOR WEDNESDAY, cluding serving on the Federal Judicial Advi- SEPTEMBER 14, 2011 Executive nomination confirmed by sory Commission of Florida and the Board of Mr. DURBIN. Mr. President, I ask the Senate September 13, 2011: Supervisors of the Spaceport Florida Author- unanimous consent that when the Sen- UNITED STATES AGENCY FOR INTERNATIONAL ity; DEVELOPMENT Whereas Thom Rumberger was one of the ate completes its business today, it ad- journ until 9:30 a.m., on Wednesday, MARA E. RUDMAN, OF MASSACHUSETTS, TO BE AN AS- most steadfast champions of the Everglades SISTANT ADMINISTRATOR OF THE UNITED STATES in Florida; September 14; that following the pray- AGENCY FOR INTERNATIONAL DEVELOPMENT.

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IN RECOGNITION OF PETER First, I would like to take a moment to re- fighter, Doug Turner says, ‘‘This artifact will STROHM’S 65TH BIRTHDAY member those who lost their lives in the ter- serve as a memorial to the innocent victims of rorist attacks, and offer my sincerest sympathy the attacks on the World Trade Center, the HON. FRANK PALLONE, JR. and prayers for their families and loved ones. Pentagon and Shanksville, Pennsylvania.’’ OF NEW JERSEY I would also like to honor the many heroes Mr. Speaker and colleagues, please join me IN THE HOUSE OF REPRESENTATIVES of that day—the brave men and women who in honoring and remembering some of the risked life and limb to help those in need. Our country’s bravest heroes, the fallen firefighters Tuesday, September 13, 2011 first responders never cowered in their call to and all those who sacrificed their lives on Sep- Mr. PALLONE. Mr. Speaker, I rise today to public service, and were joined by perfect tember 11, 2001 at the City of Parma Fire De- congratulate Mr. Peter R. Strohm of strangers in their efforts. It made me proud to partment’s 9/11 Memorial dedication cere- Mantoloking, New Jersey as his friends and see Americans from diverse backgrounds mony. family gather to celebrate his 65th birthday on come together in a common sense of purpose, f August 14, 2011. Mr. Strohm has exemplified reminding everyone that our diversity is what outstanding dedication toward the members of makes our country great. IN HONOR OF DR. I.L. MULLINS, the community through his professional and However, I am also reminded of the costs of SR. civic endeavors. His achievements are truly hate, intolerance, and warfare through any worthy of this body’s recognition. means which is why we must reaffirm our HON. SANFORD D. BISHOP, JR. Mr. Peter Strohm is a successful product of commitment to each other as fellow citizens. OF GEORGIA Ocean County, New Jersey. By 1968, Mr. We must band together to better our commu- IN THE HOUSE OF REPRESENTATIVES Strohm graduated cum laude from Washington nities and strengthen our country. Tuesday, September 13, 2011 and Lee University with a Bachelor of Arts in Though Sunday is the 10th anniversary of Economics. Concurrently, he enlisted in the the attacks that took the lives of so many Mr. BISHOP of Georgia. Mr. Speaker, I rise United States Army Reserve in 1968. He Americans, Sunday also serves as the third today to pay tribute to Dr. I.L. Mullins, Sr. for served honorably as a reservist for twenty- time our nation commemorates 9/11 as a na- his fifty years of dedicated civic leadership and eight years, retiring in 1996 as a Lieutenant tional day of remembrance and service. And pastoral service to the communities of Thomas Colonel. Mr. Strohm further enhanced his edu- although it is a day to look back and remem- County, Georgia. On Saturday, September 24, cation, earning a Juris Doctorate (JD) from the ber, it is also a day to give back to enable us 2011, Dr. Mullins’ family, friends and the First Columbia University School of Law in 1971 to move forward. Missionary Baptist Church of Thomasville, and a Masters of Laws (LL.M.) from New York Volunteerism and service have been themes Georgia will recognize his half-century of out- University School of Law in 1981. In 1988, he our country has built on for generations. And standing deeds by hosting a ‘‘Golden Jubilee graduated from the United State Command now is a time for rebuilding and making our Extravaganza’’ in his honor. and General Staff College of Fort Leaven- country stronger—brick by brick, block by Dr. Mullins is one of the most courageous worth, Kansas. Mr. Strohm has served as prin- block. and committed individuals that I have ever en- cipal with the law firm of Rothstein, Mandell, As we continue our efforts as a legislative countered. He has been a source of counsel Strohm, Must & Halm in Lakewood, New Jer- body to keep our country safe, I urge all of and advice as well as a fountain of inspiration sey since 1971 and currently serves and you who can to honor those whose lives were for me over the last several years. I have chairs several committees on the Ocean taken on 9/11 by volunteering in your commu- been truly blessed by his warm friendship and County Bar Association and the New Jersey nity this Sunday. support. Supreme Court. As a result of his outstanding I believe, as Members of Congress, it is im- Throughout his illustrious career, Dr. Mullins efforts, he was awarded the 2000 Profes- portant to pass this Resolution, but also as has been a preeminent role model for local sionalism Award from the New Jersey State citizens it is important we join together with government officials and community leaders in Bar Association. Americans from all backgrounds in a day of Georgia and across our great nation. During Since 2006, Peter Strohm has served as a service. the Civil Rights Movement of the 1960s, Dr. Councilman in the Borough of Mantoloking. He I encourage you all to visit www.serve.gov Mullins marched with Dr. Martin Luther King, currently maintains this position and continues to find a volunteer opportunity near you. Jr., and was instrumental in organizing the to represent the interests of the residents of f local Thomasville branch of the National Asso- his town. In 2005, Mr. Strohm was appointed ciation for the Advancement of Colored People by the Governor of New Jersey to serve as a IN RECOGNITION OF PARMA FIRE (NAACP). Additionally, Dr. Mullins served ef- State Officer on the Tidelands Resource DEPARTMENT’S 9/11 MEMORIAL fectively as a Thomas County Commissioner Council. He currently serves as State Com- DEDICATION CEREMONY for five-terms that spanned over two decades. mitteeman, representing the Ocean County Over the course of his lifetime, Dr. Mullins Democratic Committee. HON. DENNIS J. KUCINICH has masterfully balanced his civic responsibil- Mr. Speaker, once again, please join me in OF OHIO ities with his academic accomplishments and thanking Mr. Peter Strohm for his valuable IN THE HOUSE OF REPRESENTATIVES religious commitments. He received a Bach- contributions to the Ocean County Community elor of Arts degree from Morehouse College in Tuesday, September 13, 2011 and congratulate him for 65 outstanding years 1957 and went on to obtain his Masters of Di- of commitment. Mr. KUCINICH. Mr. Speaker, I rise today in vinity from the Interdenominational Theological f recognition of the City of Parma Fire Depart- Center & Gammon Theological Seminary in ment’s 9/11 Memorial dedication ceremony. 1960. Furthermore, Dr. Mullins acquired his REFLECTIONS ON SEPTEMBER 11 The Parma Fire Department will also be re- Doctor of Divinity degree from Faith College in vealing an I-beam from the World Trade Cen- Birmingham, Alabama in 1979. SPEECH OF ter that will serve as a memorial to the victims Ordained as a minister on December 29, HON. DORIS O. MATSUI of the events on September 11, 2001. 1957, Dr. Mullins has served as the Pastor of OF CALIFORNIA The Parma Fire Department is one of fifteen the First Missionary Baptist Church in Thom- IN THE HOUSE OF REPRESENTATIVES Northeast Ohio fire departments that have re- asville, Georgia since 1961. Through his min- ceived portions of steel from the fallen World isterial service, Dr. Mullins serves as the Dean Friday, September 9, 2011 Trade Center. Parma firefighters will dedicate of the Thomasville Extension Center of the Ms. MATSUI. Mr. Speaker, I rise today in and unveil the beam at the Parma Fire De- American Baptist Theological Seminary and is observance of the tenth anniversary of the partment training center at Parmatown Mall on a Volunteer Chaplain at Archbold Memorial tragic events of September 11th, 2001. Saturday, September 10, 2011. Parma fire- Hospital.

∑ 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 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.001 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1606 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2011 Dr. Mullins is adored by many because of Above all, those who knew Lee Roy Selmon IN RECOGNITION OF MR. THOMAS his unyielding zeal to help others and his pas- speak of his decency, his kindness, his gentle TIGHE sion for promoting harmonious relations nature, and his integrity as often as they among individuals from various backgrounds speak of his athletic and professional accom- HON. FRANK PALLONE, JR. and different walks of life. Throughout my plishments. He was undoubtedly one of the OF NEW JERSEY many years of association with Dr. Mullins, I Tampa Bay area’s greatest ambassadors. IN THE HOUSE OF REPRESENTATIVES have come to observe that it his intrinsic intel- The Tampa Bay community is proud to Tuesday, September 13, 2011 ligence and high academic acumen that make honor the life of Lee Roy Selmon, a great ath- him wise, but it is his kind heart and charitable lete and a man of character. His greatness Mr. PALLONE. Mr. Speaker, I rise today to character that speak to why he is so widely and his humility continue to inspire those who recognize Mr. Thomas Tighe, a resident of beloved. knew him, and I ask that you and all Ameri- Sayreville, New Jersey and an outstanding In light of his many accomplishments, my cans join me in honoring such a remarkable member of the community. On September 10, wife Vivian and I would like to extend our per- man. 2011, members of the Plumbers & Pipefitters sonal congratulations and warmest regards to Local Union Number 9 will honor Mr. Tighe at Dr. Mullins, his beloved wife the former Jose- f the Annual Dinner Dance in New Brunswick, phine Lovejoy Ferrell, their children and grand- New Jersey. His commitment to serve the children. I know that residents all throughout IN RECOGNITION OF THE 100TH members of the community is truly worthy of Georgia’s Second Congressional District will ANNIVERSARY OF SAINT THEO- this body’s recognition. forever be indebted to the Mullins family for DOSIUS Mr. Tighe is an active member in the Mid- selflessly allowing Dr. Mullins to be a mentor, dlesex County community. Tom began his ca- father-figure and counselor to countless other HON. DENNIS J. KUCINICH reer in 1971 serving a five-year apprenticeship in the United Association of Plumbers & Pipe- families in communities throughout southwest OF OHIO Georgia. fitters with Local 270 in Perth Amboy, New IN THE HOUSE OF REPRESENTATIVES Today, I ask my colleagues to join me in Jersey. Over the last forty-one years, he honoring Dr. Mullins for his noteworthy and Tuesday, September 13, 2011 proudly served as an Executive Board Mem- ber and Trustee for the Pension, Welfare and dynamic career as one of our nation’s most Mr. KUCINICH. Mr. Speaker, I rise today in Surety Fund for the United Association of profound theologians, principled community recognition of the 100th anniversary of the Plumbers & Pipefitters Local 9. In 1994, Tom leaders and thoughtful humanitarians. Saint Theodosius Cathedral, the oldest Ortho- was elected President of Local 9. The fol- f dox parish in the State of Ohio. lowing year he became the first United Asso- TO HONOR THE LATE LEE ROY The St. Theodosius parish was founded in ciation organizer in the State of New Jersey SELMON 1896 and is the oldest Orthodox parish in the and held this position until his retirement in State of Ohio. The Cathedral was built by 2011. In 2000, Tom was also appointed head HON. KATHY CASTOR Russian immigrants in 1911 and has been a of the newly formed New Jersey Building landmark in Cleveland’s Tremont neighbor- Trades Organizing Committee. Consequently, OF FLORIDA hood ever since. St. Theodosius was the first IN THE HOUSE OF REPRESENTATIVES he was reappointed to head the Mega Base Orthodox Church in the State of Ohio and for Organizing Committee to regain union work at Tuesday, September 13, 2011 years was the only Orthodox Church in the the old Fort Dix, McGuire Air Force Base and Ms. CASTOR of Florida. Mr. Speaker, I rise City of Cleveland. It has had a rich history and Lakehurst Naval Station in South Jersey in today to honor the life and career of Lee Roy attracted a multitude of parishioners from 2005. Selmon, a Hall of Fame football player and a many of Cleveland’s cultural groups. Mr. Tighe currently serves as the Local 9 pillar of the Tampa Bay community. As a play- St. Theodosius Cathedral is on the National delegate and president of the Middlesex and er, Lee Roy Selmon was one of the greatest Registry of Sacred Landmarks and is a Cleve- Somerset Counties AFL–CIO Labor Council. Buccaneers of all time, and his post-football land Sacred Landmark. The Cathedral also In affiliation with the New Jersey and national career was equally distinguished. joined the National Register of Historic Places AFL–CIO, members of this organization con- The youngest of nine children, Lee Roy in 1974. tinue to support and represent labor and trade Selmon would join two of his older brothers on The St. Theodosius Parish will be cele- unions in their pursuit for social and economic the defensive line at the University of Okla- brating the 100th Anniversary of the Cathedral justice in the workplace. Through his role as homa in 1972. Referred to as a ‘‘Gentle Giant’’ September 9th through 11th with a series of li- President, Mr. Tighe has encouraged and mo- by his peers, he would go on to be elected to turgical and social events. tivated his members to become involved in the the College Football Hall of Fame, leading Mr. Speaker and colleagues, please join me legislative process through activism and Oklahoma to two national championships in in recognition of the 100th anniversary of St. awareness. Since 2009, Tom has served as 1974 and 1975. In 1999 Sports Illustrated Theodosius Cathedral. I hope their celebration President and admirably represents all the magazine selected Selmon as a member of this weekend will be joyous and reflective of union members in Middlesex and Somerset their NCAA Football All-Century Team. the rich, spiritual history of the parish. counties. In 1976, Selmon would join the Tampa Bay In conjunction with his professional respon- community as the first-ever draft pick of the f sibilities, Tom served as President of the Mid- expansion Tampa Bay Buccaneers. He pro- dlesex County Ancient Order of Hibernians PERSONAL EXPLANATION ceeded to distinguish himself as one of the and is the past president of the David B. Kelly greatest NFL players of all time; during his ca- Chapter, Division I of the Ancient Order of Hi- reer with the Buccaneers, he was selected to HON. GEOFF DAVIS bernians in South Amboy, New Jersey. Since six consecutive Pro Bowls and named the OF KENTUCKY 1997, Tom has served as a member of the NFL Defensive Player of the Year in 1979. IN THE HOUSE OF REPRESENTATIVES Sayreville, New Jersey Planning Board and The Buccaneers retired his number, 63, in Vice Chair for the past three years. He cur- Tuesday, September 13, 2011 1986, and in 1995 he was inducted into the rently serves as the vice president of the Mid- Pro Football Hall of Fame. In 2008, Lee Roy Mr. DAVIS of Kentucky. Mr. Speaker, on dlesex County College Board of Trustees and Selmon became the first-ever inductee into the Monday, September 12, 2011, I was unable to Trustee Ambassador for the New Jersey Tampa Bay Buccaneers Ring of Honor, a fit- return to Washington, DC for votes, due to an Council of County College. He is also the ting distinction for the original Buccaneer. important family event. Treasurer of the Kiddie Keep Well Camp for Lee Roy Selmon’s professional accomplish- Had I been present I would have voted: on underprivileged children in Middlesex County. ments after his retirement from football are nu- rollcall No. 699—‘‘yes’’—H.R. 2076, Investiga- A former scoutmaster, Tom is currently a com- merous; he was a philanthropist and a banker, tive Assistance for Violent Crimes Act of 2011; mittee member for Boy Scout Troop 97 and an athletic director and an entrepreneur. The on rollcall No. 700—‘‘yes’’—H.R. 2633, Appeal was recently named the recipient of the pres- University of South Florida football program Time Clarification Act; on rollcall No. 701— tigious 2009 Boy Scouts of America Man of will forever bear his mark—as the Athletic Di- ‘‘yes’’—H.R. 1059, To protect the safety of the Year Award. Tom is happily married to his rector during the Bull’s emergence as a Divi- judges by extending the authority of the Judi- wife Diane for twenty-nine years. Together, sion 1–A football team, the program greatly cial Conference to redact information con- they have two sons, Ryan and Daniel, who benefitted from Selmon’s able stewardship. tained in their financial disclosure reports. are currently attending college.

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.003 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 13, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1607 Mr. Speaker, once again please join me in tan, the fields of Pennsylvania, and at the Peter enjoys the arts, reading, golf and trav- congratulating Mr. Thomas Tighe for receiving Pentagon. elling. Paris is a favorite destination of Peter the honor bestowed by the Plumbers & Pipe- In addition to making the collective pledge and Megan Walker and they return there fitters Local Union 9. Mr. Tighe continues to to join together to protect our communities, we whenever possible. provide outstanding services to the members should never forget that on September 11, Mr. Speaker, I ask my colleagues to join me of the community and the constituents of my 2001, we saw good rise in the face of evil, in congratulating Peter Walker as he receives district. and heroes rise in the face of danger. Many the St. Madeleine Sophie Award and to salute f ran into the face of danger to help others es- him for his tireless work on behalf of the Sa- cape it. cred Heart Schools community. IN HONOR OF THE HONORABLE When the day was over, and as we learned f JOE CIMPERMAN that 700 New Jerseyans lost their lives, we witnessed neighbors and friends consoling IN HONOR OF MRS. NORA HON. DENNIS J. KUCINICH one another and watched as Americans from ROMANOFF OF OHIO all walks of life stood united, side by side wav- IN THE HOUSE OF REPRESENTATIVES ing the Stars and Stripes, and lighting candles HON. DENNIS J. KUCINICH Tuesday, September 13, 2011 to honor those missing or lost. OF OHIO As America rebounded, we responded to IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today in these acts of terrorism with the skill and spirit Tuesday, September 13, 2011 recognition of Councilman Joe Cimperman for of our military and our intelligence community. his significant contribution to the Cleveland The war we continue to fight abroad began Mr. KUCINICH. Mr. Speaker, I rise today in community and to acknowledge his receipt of without provocation and without warning. It honor of Mrs. Nora Ronanoff for her significant the 2011 Pan Award. Cleveland Public Thea- was not a war of our choosing but it became contribution to the Cleveland community and ter’s annual Pan Award recognizes individuals our priority. It was the slaughter of innocents to acknowledge her receipt of the 2011 Pan who have contributed significantly to the com- by people with a twisted sense of religion who Award. Cleveland Public Theater’s annual Pan munity. play by no rules. Award recognizes individuals who have con- Councilman Cimperman, a member of the So many of our heroes currently fighting ter- tributed significantly to the community. Cleveland City Council since 1997, was born rorism across the globe put their lives on hold Mrs. Romanoff has been the Associate Di- and raised in the St. Clair-Superior neighbor- on September 11, 2001, to join the National rector of ParkWorks for the past fifteen years hood where his family was active in the Slove- Guard and Reserve, serve our country, and where she works to revitalize neighborhoods nian community. Councilman Cimperman defend our freedom. They serve side by side by developing public spaces. Ms. Romanoff graduated from St. Ignatius High School and as we speak with the active duty military, all graduated from the University of Pittsburgh John Carroll University where he was Student volunteers, all dedicated, all courageous, all with a B.A. in Urban Studies and from Cleve- Council President. During his time at John Americans. We are grateful for their service land State University with a Master’s Degree Carroll, Councilman Cimperman founded and sacrifice, and that of their families, each in Urban Planning, Design and Development. Project GOLD, a service organization dedi- and every day. As Associate Director of ParkWorks, Mrs. cated to helping underprivileged families. May God bless those who continue to de- Romanoff promotes both neighborhood and After graduating college, Councilman fend our freedom, and may God continue to downtown revitalization. Through ParkWorks, Cimperman worked in an AIDS Hospice in bless America. she engages with grassroots constituents and Baltimore, helped developmentally challenged I urge adoption of the resolution. civic leaders to support a variety of programs adults in Portland, Maine, and worked at the f within the community such as urban beautifi- Cleveland West Side Catholic Center. In 1997, cation, reforestation, and environmental edu- Mr. Cimperman became a City Councilman for A TRIBUTE IN HONOR OF PETER cation. Through ParkWorks, she has collabo- Cleveland’s Third Ward. As a City Council- WALKER ON THE OCCASION OF rated with partners such as Downtown Cleve- man, Mr. Cimperman works to foster eco- RECEIVING THE ST. MADELEINE land Alliance, Neighborhood Progress, Inc., nomic development in his ward by promoting SOPHIE AWARD University Circle Inc., and Cleveland Public the growth of culture and the arts. He works Art. to foster the arts by creating new green areas HON. ANNA G. ESHOO Mr. Speaker and colleagues, please join me in the Third Ward, establishing live-work OF CALIFORNIA in honoring Mrs. Nora Romanoff for her serv- spaces for artists, and improving the retail en- IN THE HOUSE OF REPRESENTATIVES ice to the Cleveland community and her re- vironment along Euclid Avenue. Tuesday, September 13, 2011 ception of the 2011 Pan Award. Her dedica- Mr. Speaker and colleagues, please join me tion to improving the community is nothing in honoring Councilman Cimperman for his Ms. ESHOO. Mr. Speaker, I rise today to short of inspiring. service to the Cleveland community and his honor Peter Walker, a 2011 recipient of the St. f reception of the 2011 Pan Award. His dedica- Madeleine Sophie Award. The Award is given tion to improving the community is awe-inspir- by the Sacred Heart School Community in PERSONAL EXPLANATION ing. I wish him the best in all of his future en- Atherton, California, to individuals who have deavors. made sustained and significant contributions HON. ERIK PAULSEN f to the Schools and embody the Goals and Cri- OF MINNESOTA teria of a Sacred Heart education. Peter Walk- IN THE HOUSE OF REPRESENTATIVES REFLECTIONS ON SEPTEMBER 11 er’s commitment to the mission of Sacred Heart education is an inspiration to everyone, Tuesday, September 13, 2011 SPEECH OF and has earned him the prestigious St. Mad- Mr. PAULSEN. Mr. Speaker, on rollcall Nos. HON. RODNEY P. FRELINGHUYSEN eleine Sophie Award. 699, 700, and 701, had I been present, I OF NEW JERSEY Peter Walker was born in Newton, Massa- would have voted ‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES chusetts, and received a Bachelor of Arts in f Philosophy and English Literature from Boston Friday, September 9, 2011 College, a Masters in Education in Counseling REFLECTIONS ON THE 10TH ANNI- Mr. FRELINGHUYSEN. Mr. Speaker, I Psychology, also from Boston College, and a VERSARY OF THE SEPTEMBER thank the gentleman from Virginia, Mr. CAN- Master of Divinity from Weston School of The- 11TH TERRORIST ATTACKS ON TOR for offering this resolution regarding the ology. Peter has been at Sacred Heart since THE UNITED STATES terrorist attacks of September 11, 2001 and 1993, and prior to that was a campus minister urge my Colleagues to pass it without delay. at Stanford University. HON. BETTY McCOLLUM For the families of the over 3,000 victims of As a teacher and Head of the Religious OF MINNESOTA the murderous attacks of September 11, 2001, Studies Department at Sacred Heart, Peter IN THE HOUSE OF REPRESENTATIVES every day is painful. This Sunday marks the Walker is devoted to his students and fellow tenth anniversary of the events that changed faculty members, as well as being dedicated Tuesday, September 13, 2011 our Nation forever, as violent international ex- to their spiritual growth and meeting their Ms. MCCOLLUM. Mr. Speaker, on the morn- tremists struck in the streets of Lower Manhat- needs every day. ing of September 11, 2001 is still vivid in my

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.006 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1608 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2011 mind—it was the start of a beautiful day in Mr. Speaker, restricting communication of 5th District of Pennsylvania that were most af- Washington. The shock and horror that en- individuals’ accounts of their experiences with fected by the floods. Consequently, I missed sued that morning in New York City, in a foods and dietary supplements is a blatant vio- the vote on the Hunter Amendment to H.R. Pennsylvania field, and at the Pentagon is em- lation of the First Amendment. The necessity 1892, the Intelligence Authorization Act for bedded in me. It is a permanent element of for this bill shows how little respect the federal Fiscal Year 2012. the American psyche, and it fills us all with bureaucracy has for the Bill of Rights and the Had I been present for rollcall vote number emotions, especially fear, anger, grief, and principles of a free society. I therefore urge my 695, my vote on Amendment #6, offered by sadness. colleagues to join me in taking a small step to- Mr. HUNTER of California, to H.R. 1892 would Nearly 3,000 victims of 9/11 were lost that ward restoring free speech by cosponsoring have been ‘‘yes.’’ day. The loved ones they left behind have the Testimonial Free Speech Act. f spent ten years adapting to lives without hus- f IN RECOGNITION OF MR. JOHN bands, mothers, brothers, and daughters. LOUTH Even after ten years the loss must still be IN RECOGNITION OF LAKEWOOD painful and difficult. FIRE DEPARTMENT’S FALLEN As a nation, we still feel the loss, the very FIREFIGHTER MEMORIAL CERE- HON. FRANK PALLONE, JR. sad sense of tragedy and hurt that touched us MONY OF NEW JERSEY all. For all of us, September 11, 2001 remains IN THE HOUSE OF REPRESENTATIVES a day that changed us and changed our coun- HON. DENNIS J. KUCINICH Tuesday, September 13, 2011 try’s future. OF OHIO Mr. PALLONE. Mr. Speaker, I rise today to Our nation is strong. We as a people are far IN THE HOUSE OF REPRESENTATIVES recognize John Louth, Jr., a forty-year mem- more powerful, resilient, and righteous than Tuesday, September 13, 2011 ber of the United Association, and an out- the perpetrators of the attack. The lessons of standing member of the community. On Sep- Mr. KUCINICH. Mr. Speaker, I rise today in 9/11 continue to be studied, debated, inter- tember 10, 2011, members of the Plumbers recognition of the Lakewood Fire Department’s preted, and acted on—to our collective benefit and Pipefitters Local Union Number 9 will firefighters who have lost their lives in the line and, in some cases, to our detriment. But after honor Mr. Louth at the Annual Dinner Dance of duty and who will be honored at this year’s ten long, difficult years since that beautiful in New Brunswick, New Jersey. His commit- annual Fallen Firefighter Memorial ceremony. morning, the most important lesson I can draw ment to serve the members of the community This year’s ceremony will be especially signifi- upon is the profound blessing I feel to be an is truly worthy of this body’s recognition. cant as it coincides with the 10-year anniver- American and to share this country, our val- Mr. Louth is an active member in the Mid- sary of the events of September 11, 2001. ues, and our freedoms with my fellow citizens. dlesex County community. Mr. Louth served The Lakewood Fire Department will also be We are one nation, one people and the his apprenticeship with Local 432 in New revealing a sculpture constructed with steel painful, horrific tragedy of 9/11 shall always be Brunswick, New Jersey and, subsequently, be- beams from the World Trade Center at Station a reminder of what it means to be an Amer- came a member. Upon graduation in 1976, he #1. ican standing together, united with my fellow became a Local 432 journeyman. In 1994, Mr. Lakewood Fire Department’s annual Fallen citizens. Louth was elected to the Executive Board of Firefighter Memorial ceremony honors the fire- On this tenth anniversary, my thoughts, the newly created Plumbers and Pipefitters fighters who have sacrificed their lives, saving prayers, and profound sense of gratitude are Local Union Number 9. Mr. Louth was also others. This year’s ceremony will be dedicated with the victims of this attack, the men and elected delegate to the United Association’s to the four Lakewood firefighters who have women who have sacrificed their lives and convention in 1996. He was also elected Busi- lost their lives in the line of duty. Additionally, bodies to keep our nation safe, and the family ness Agent in 1997 and held this position for a special tribute will be made honoring the members who grieve for loved ones lost on thirteen years until his retirement in 2010. Mr. 343 firefighters who gave their lives on Sep- September 11th and the many days since in Louth was also a member of the Middlesex tember 11, 2001. which our fellow citizens have sacrificed for County Building Trades and the New Jersey Mayor Summers, Chief Gilman, Fire Mar- our nation. Pipe Trades. f shal Dunphy, the Lakewood Firefighters, He has proudly served as an active member Cleveland Fire Department Color Guard, TESTIMONIAL FREE SPEECH ACT of the New Brunswick Elks for thirty years and American Legion Honor Guard, Lakewood Fire is currently enjoying his retirement in Midway Department Honor Guard, Lakewood High Beach. John is also happily married to his wife HON. RON PAUL School Ranger Marching Band, Boy Scouts of Joanne for twenty-six years and has raised OF TEXAS America, and the Red Hackle Pipes and four children, Kelli, Eric, Marc, and Michael. IN THE HOUSE OF REPRESENTATIVES Drums will all be participating at this year’s John is an avid Yankees and Giants football ceremony. Tuesday, September 13, 2011 fan and enjoys following Rutgers, and Notre Mr. Speaker and colleagues, please join me Mr. PAUL. Mr. Speaker, today I introduce Dame college football. in honoring and remembering some of the Mr. Speaker, once again please join me in the Testimonial Free Speech Act. This legisla- country’s bravest heroes, the fallen firefighters congratulating Mr. John Louth, Jr. for his forty tion prohibits the federal government from from Lakewood and all the firefighters who years of service and thanking him for his out- censoring an individual’s account of his experi- sacrificed their lives on September 11, 2001 at standing dedication to the residents of New ence with foods and dietary supplements. this year’s Fallen Firefighter Memorial cere- Jersey. Hard as it may be to believe, the government mony. f is prohibiting individuals from sharing their sto- f ries of how they improved their health by EXTENSION OF REDACTION AU- using foods and dietary supplements. PERSONAL EXPLANATION THORITY CONCERNING SEN- Just this year, armed federal agents raided SITIVE SECURITY INFORMATION the headquarters of Maxam Nutraceutics, a HON. GLENN THOMPSON SPEECH OF company that produces and sells nutritional OF PENNSYLVANIA supplements for people with autism spectrum IN THE HOUSE OF REPRESENTATIVES HON. SHEILA JACKSON LEE disorder and Alzheimer’s disease. The raid OF TEXAS was based on Maxam’s alleged failure (a fail- Tuesday, September 13, 2011 IN THE HOUSE OF REPRESENTATIVES ure Maxam CEO James Cole disputes) to Mr. THOMPSON of Pennsylvania. Mr. comply with a warning letter from the Food Speaker, I was not in attendance on Friday, Monday, September 12, 2011 and Drug Administration (FDA) ordering September 9, 2011, due to catastrophic flood- Ms. JACKSON LEE of Texas. Mr. Speaker, Maxam to remove several ‘‘improper labels’’ ing in Pennsylvania’s Fifth Congressional Dis- I support H.R. 1059, a bill to protect the safety from Maxam products. The labels in question trict. My presence was needed at home, on of judges by extending the authority of the Ju- were simply accounts from Maxam customers the ground, with my constituents, first-re- dicial Conference to redact sensitive informa- describing their experiences with Maxam prod- sponders, and recovery teams. While back in tion contained in their financial disclosure re- ucts. That’s right, the federal government sent Pennsylvania, I met with local officials and ports. This legislation will provide a vital safety armed agents into a private business because constituents to help assist in disaster recovery measure for judges who have dedicated their the business posted customers’ testimonials. efforts. I also toured many of the towns in the lives to serving the public.

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.010 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 13, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1609 As a senior Member of both the Judiciary ing in Pennsylvania’s Fifth Congressional Dis- Linda has spent her life working on behalf of and Homeland Security committees, I have trict. My presence was needed at home, on the people of California and has been a long- worked tirelessly to ensure the safety and in- the ground, with my constituents, first-re- time friend of California’s Central Valley. She tegrity of those who are members of the judici- sponders, and recovery teams. While back in has worked on several air quality issues—a ary. The Ethics in Government Act requires Pennsylvania, I met with local officials and deeply important issue to the Central Valley, judges, like Members of Congress and other constituents to help assist in disaster recovery and most recently served as a member of the high ranking public officials to file annual fi- efforts. I also toured many of the town’s in the Central Valley Regional Water Quality Control nancial disclosure reports. This requirement 5th District of Pennsylvania that were most af- Board. serves to bolster the confidence of the public fected by the floods. Consequently, I missed I applaud Linda for her many years of dili- in the professional integrity of individuals who the vote on the Carney Amendment to H.R. gent work on behalf of all of the people of serve their community. 1892, the Intelligence Authorization Act for California and the Central Valley. I invite my Although the intent of the Act is to bolster Fiscal Year, 2012. colleagues to join me in congratulating Linda public confidence in the judiciary it has an un- Had I been present for rollcall vote number on her retirement and thanking her for her in- intended consequence inherent in full public 696, my vote on Amendment #7, offered by novative approach to enriching the lives of all disclosure. Full financial disclosure impacts Mr. Carney of Delaware, to H.R. 1892 would Californians. the personal safety of judges, particularly the have been ‘‘yes.’’ f safety of judges who sentence criminals. f Some of the information contained in financial IN MEMORY OF JUDGE FRANK disclosure reports could reveal information CELEBRATING THE SERVICE OF SCROGGINS which pertains to the schools, workplaces, and LINDA S. ADAMS homes of judges and their families. This type HON. MIKE ROSS of information provides easy access to per- HON. JIM COSTA OF ARKANSAS sonal information that could be used by an in- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES dividual to intimidate or harm a judge or her IN THE HOUSE OF REPRESENTATIVES Tuesday, September 13, 2011 family. In order to mitigate these risks, section Tuesday, September 13, 2011 Mr. ROSS of Arkansas. Mr. Speaker, I rise 7 of the Identity Theft and Assumption Deter- today to honor a true, dedicated public servant rence Act of 1998 allows the Judicial Con- Mr. COSTA. Mr. Speaker, I rise today to who left us much too soon. On Saturday, Au- ference to redact information found in financial congratulate Ms. Linda S. Adams on the occa- gust 28, 2011, Frank Scroggins, county judge disclosures that would place a judge or their sion of her retirement as the State of Califor- for Lafayette County, Arkansas, died unex- family at risk. nia’s Secretary for Environmental Protection. pectedly at the too-young age of 62. This legislation does not exempt judicial em- More than thirty years of service to California and its residents make her most deserving of Throughout my term in Congress, I have ployees and judges from filing financial disclo- had the distinct pleasure of working with sures. The Judicial Conference’s Committee this honor. Linda was appointed as Secretary of the Judge Scroggins and I have long admired and on Financial Disclosures works in coordination respected him. He was a very good friend. with the U.S. Marshals Service to determine California Environmental Protection Agency (EPA) in 2006, by Governor Arnold The people of Lafayette County first elected the merit of requests for redaction. The Judi- Judge Scroggins of Stamps, Ark., in 1991 and cial conference reports that between 2007 and Schwarzenegger. Her appointment was histor- ical, as she was the first woman to ever be he had served as county judge ever since. For 2010, of the 17,658 financial disclosure re- 20 years, Judge Scroggins gave his all and ports filed, there were only 750 redaction re- appointed to this position. As California’s EPA Secretary, Linda had a number of responsibil- fully embodied what it meant to be a public quests, or 4.2 percent of the reports filed. servant. There were 645 redaction requests that were ities which helped ensure the well-being of the people of California. During her time as sec- Judge Scroggins was so much a part of his fully granted, and 70 that were partially grant- community that, upon his passing, a news- ed. retary, Linda oversaw the activities of the Air Resources Board, State Water Resources paper proclaimed Lafayette County govern- This legislation protects judges and their ment had ‘‘lost its cornerstone.’’ Indeed, there families from those that may seek to harm or Control Board, Office of Environmental Health Hazard Assessment, Department of Toxic is a deep absence in the heart of south Arkan- intimidate the judge. The majority of redaction sas. requests that were approved contained infor- Substances Control, Department of Pesticide Regulation, and approximately 5,000 employ- Judge Scroggins always worked tirelessly mation that indicated the whereabouts of the on behalf of the people of Lafayette County, filer’s family on a regular basis, or the resi- ees. Upon her appointment, Linda began to do never losing sight of what he was elected to dence at which the filing party lived. H.R. 1059 do. From city council to the quorum court to does not exempt anyone from fulfilling their re- innovative work to address climate change and global warming. She was selected by the U.S. Congress, anyone who had the privi- quirement to file a financial disclosure. lege of working with Judge Scroggins can at- In the 110th Congress, my colleagues and Governor Schwarzenegger as the lead nego- tiator on Assembly Bill 32, the Global Warming test to the sincerity, honesty and ferocity in I extended the authorizing section of the Iden- which he served as county judge. tity Theft and Assumption Deterrence Act Solutions Act of 2006. She was instrumental in launching the Green Chemistry Initiative, My thoughts and prayers are with his wife of twice to ensure continued protection of our 42 years, Brenda, and the rest of his family judges and their families. The last extension which calls for a more comprehensive look at California’s chemical policies, as well as Cali- and friends during this very difficult time. will expire on December 31, 2011, leaving Today, I ask all Members of Congress to fornia’s biomonitoring program which seeks to thousands of dedicated public servants and join me as we honor the life and legacy of find links between environmental contaminants their loved ones vulnerable to harm or harass- Judge Frank Scroggins, who will be deeply and human health. She has since continued to ment. missed in Lafayette County and throughout work closely with a number of states and I applaud my friend from Michigan, the the state of Arkansas. countries to develop climate initiatives to Ranking Member of the Judiciary Committee f for introducing this important legislation to pro- achieve the greatest global reductions. tect judges and judicial employees. I urge my Before her service as Secretary of Califor- PERSONAL EXPLANATION colleagues to lend their support to the bill. nia’s EPA, Linda functioned as the director of the California Department of Water Resources f HON. GLENN THOMPSON and as a member of Governor Gray Davis’ OF PENNSYLVANIA PERSONAL EXPLANATION staff. Prior to becoming a member of Governor IN THE HOUSE OF REPRESENTATIVES Davis’ staff, Linda served Californians for 20 HON. GLENN THOMPSON years as a staff member for the California Tuesday, September 13, 2011 OF PENNSYLVANIA State Legislature. Of note was her time as Mr. THOMPSON of Pennsylvania. Mr. IN THE HOUSE OF REPRESENTATIVES chief consultant to the Senate Committee on Speaker, I was not in attendance on Friday, Agriculture and Water Resources. During her September 9, 2011, due to catastrophic flood- Tuesday, September 13, 2011 time as a legislative staffer, she worked dili- ing in Pennsylvania’s Fifth Congressional Dis- Mr. THOMPSON of Pennsylvania. Mr. gently on assisting the passage of Proposition trict. My presence was needed at home, on Speaker, I was not in attendance on Friday, 204, the Safe, Clean, Reliable Water Supply the ground, with my constituents, first-re- September 9, 2011, due to catastrophic flood- Act. sponders, and recovery teams. While back in

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.013 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1610 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2011 Pennsylvania, I met with local officials and IN RECOGNITION OF THE ELBERON CONGRATULATING GRAMBLING constituents to help assist in disaster recovery MEMORIAL CHURCH’S 125TH AN- STATE UNIVERSITY efforts. I also toured many of the town’s in the NIVERSARY 5th District of Pennsylvania that were most af- HON. RODNEY ALEXANDER fected by the floods. Consequently, I missed HON. FRANK PALLONE, JR. OF LOUISIANA the vote on the Motion to Recommit with In- IN THE HOUSE OF REPRESENTATIVES structions offered by Ms. HOCHUL from New OF NEW JERSEY Tuesday, September 13, 2011 York to H.R. 1892, the Intelligence Authoriza- IN THE HOUSE OF REPRESENTATIVES tion Act for Fiscal Year, 2012. Mr. ALEXANDER. Mr. Speaker, it is with Had I been present for rollcall vote number Tuesday, September 13, 2011 great pride that I rise today to congratulate 697, my vote on the Motion to Recommit with Grambling State University (GSU) on its 110th Instructions to H.R. 1892 would have been Mr. PALLONE. Mr. Speaker, I rise today to anniversary. This milestone is a testament that ‘‘no.’’ congratulate the Elberon Memorial Church as GSU is a true leader in education. its members gather to celebrate its 125th anni- f Opening on November 1, 1901, GSU was versary. Since its founding in 1886, the church organized by a group of African American PERSONAL EXPLANATION has provided a safe and hospitable environ- farmers who wanted to organize and operate ment for summer residents to worship. Their a school for African Americans in north Lou- HON. ADAM KINZINGER upcoming celebration is truly worthy of this isiana. What began as an industrial school, body’s recognition. OF ILLINOIS Grambling State shifted its focus to rural IN THE HOUSE OF REPRESENTATIVES The Elberon Memorial Church touts a proud teacher education in the late 1930s. GSU and longstanding history. From its humble be- transformed in the early 1950s into an institu- Tuesday, September 13, 2011 ginnings when it was dedicated in 1866, the tion that offered students education in the Mr. KINZINGER of Illinois. Mr. Speaker, on Elberon Memorial Church has continued to areas of science, liberal arts, and business. rollcall Nos. 699, 700, and 701, I was unable flourish. The lavish antique furnishings and The university now offers 68 degree programs to cast my vote due to a delayed arrival to beautiful stained glass windows continue to to its students. Washington, DC, caused by a mechanical enhance the church’s rich carvings, high ceil- In recent years, Grambling has incorporated problem with the aircraft. ings and various gothic designs. Beautiful new academic programs and has added new Had I been present, I would have voted in music can still be heard from the Roosevelt facilities including a business and computer favor. organ, an instrument built by the prestigious science building and school of nursing. f Hillborne Roosevelt. Ninety-eight percent of Throughout the university’s 110-year history, the church’s original structure remains intact the value of each individual student has al- A TRIBUTE IN HONOR OF JAN and continues to provide a venue for the pa- ways been emphasized. GSU continues to be REEVES ON THE OCCASION OF rishioners to host family-oriented and commu- an institution ‘‘where everybody is somebody.’’ RECEIVING THE ST. MADELEINE nity events. Sunday services, held from the I commend Grambling State University on SOPHIE AWARD first weekend in July through the first Sunday this significant milestone, and its dedication to in September remain the cornerstone of the positively influencing the lives of its students. HON. ANNA G. ESHOO Elberon Memorial Church’s activities. The suc- I ask my colleagues to join me in honoring OF CALIFORNIA cess of this organization could not have been Grambling State University for this momentous IN THE HOUSE OF REPRESENTATIVES accomplished without the generous public occasion. Tuesday, September 13, 2011 support of parishioners and the community. f Mr. Speaker, please join me in acknowl- Ms. ESHOO. Mr. Speaker, I rise today to INVESTIGATIVE ASSISTANCE FOR edging The Elberon Memorial Church as the honor Jan Reeves, a 2011 recipient of the St. VIOLENT CRIMES ACT OF 2011 parishioners celebrate its 125th anniversary Madeleine Sophie Award. The Award is given and thanking the countless men and women by the Sacred Heart School Community in SPEECH OF who supported this thriving community. The Atherton, California, to individuals who have Elberon Memorial Church community is tre- HON. SHEILA JACKSON LEE made sustained and significant contributions mendously valued in my district and the State OF TEXAS to the Schools and embody the Goals and Cri- of New Jersey. IN THE HOUSE OF REPRESENTATIVES teria of a Sacred Heart education. Jan Reeves has taught for thirteen years at Monday, September 12, 2011 f Sacred Heart Lower and Middle Schools. As a Ms. JACKSON LEE of Texas. Mr. Speaker, teacher for 33 years, Jan says her years at PERSONAL EXPLANATION I rise today in support of H.R. 2076, the Inves- Sacred Heart have been the most rewarding tigative Assistance for Violent Crimes Act of because she has had the ‘‘opportunity to ex- 2011. This legislation is an appropriate and pose students to a deeply enriched art experi- HON. GLENN THOMPSON necessary measure to keep our citizens safe. ence.’’ Her lessons combine art history and OF PENNSYLVANIA Currently the Federal Bureau of Investiga- world history, anthropology, music apprecia- tion (FBI) does not have statutory authority to tion, poetry, religion and current events. This IN THE HOUSE OF REPRESENTATIVES assist in the investigation of mass killings or combined approach brings art to life for the Tuesday, September 13, 2011 other violent crimes that are carried out in students and keeps it fresh and relevant to non-federal public places, such as schools them. Mr. THOMPSON of Pennsylvania. Mr. and universities. As of now, when the FBI is Jan Reeves credits her own middle school Speaker, I was not in attendance on Friday, asked by state and local law enforcement to art teacher with introducing her to the visual September 9, 2011, due to catastrophic flood- assist with related investigations, they fre- arts and teaching her to appreciate them. She ing in Pennsylvania’s Fifth Congressional Dis- quently comply with the request, despite the has patterned her teaching on his inspirational trict. My presence was needed at home, on possibility that in doing so, the responding offi- work, and has worked to teach her students the ground, with my constituents, first-re- cers may be found to be acting outside of their as she was taught. sponders, and recovery teams. While back in jurisdiction. Jan Reeves says that receiving the St. Mad- Pennsylvania, I met with local officials and The Investigative Assistance for Violent eleine Sophie Award is ‘‘amazing,’’ but what constituents to help assist in disaster recovery Crimes Act grants the FBI specific authority to she will remember most fondly from her years efforts. I also toured many of the towns in the respond when asked for help by state and as a teacher is ‘‘how the students responded 5th District of Pennsylvania that were most af- local law enforcement, without expanding the to those fine arts experiences’’. fected by the floods. Consequently, I missed FBI’s jurisdiction. The bill allows the FBI to as- Mr. Speaker, I ask my colleagues to join me the vote on final passage of H.R. 1892, the In- sist in the investigation of violent crimes or in congratulating Jan Reeves as she receives telligence Authorization Act for Fiscal Year mass killings, only when asked to do so. the prestigious St. Madeleine Sophie Award 2012. In recent history the FBI has lent their re- and salute her for her extraordinary work and Had I been present for rollcall vote number sources to several high profile investigations. deep commitment to teaching her students the 698, my vote on passage of H.R. 1892 would Last September, when an armed intruder en- life-enriching appreciation of the arts. have been ‘‘yes.’’ tered the Discovery Communications Building

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K13SE8.008 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 13, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1611 in Rockville, Maryland; the FBI SWAT team Greenburgh NAACP. He assists with the Pas- Council, as well as being a very talented artist assisted the Montgomery County Police De- toral Care Ministry of the White Plains Hospital in her own right. In addition to her numerous partment, and FBI investigators processed the Center and the Chaplain Staff at the Norwood roles of community service, she continued crime scene. In 2009, the American Civic Cen- E. Jackson Correctional Facility in Valhalla, teaching elementary students for 18 years at ter in Binghamton, New York was the site of New York, and has chaired the Annual Neigh- Eaton Park Elementary. Mrs. Broussard’s a mass killing when an armed subject killed 13 borhood Health Fair which his church co-spon- strong belief and value of education continues people. The FBI was asked to assist, and lent sors annually. Rev. Cousin also is a member to be evident as she recently, at the young their Evidence Response Team, Victim Assist- of the Advisory Board of the Schnurmacher age of 93, began taking continuing education ance program, and Behavioral Analysis unit. Nursing Home and an honorary member of classes at the University of Louisiana-Lafay- The FBI also assisted in the investigation to the Board of Directors of S.H.O.R.E. (Shel- ette. identify the student who opened fire at Virginia tering the Homeless is Our Responsibility). Altruistic service and commitment to one’s Technical Institute in 2007. Rev. Cousin has been the worthy recipient community like Mrs. Broussard’s are what The FBI lent invaluable support to state and of countless certificates, citations and honors. make our Bayou State’s rich history trans- local law enforcement officials on several oc- In 1987 he was awarded the Honorary Doctor parent. The love for her culture and region has casions. However, as the law currently holds, of Divinity Degree from Shaw Divinity School created a lifelong passion for service to her there is no specific statutory authority allowing in Raleigh, North Carolina. He is also a nation- community and state. I ask my colleagues to them to do so. The Investigative Assistance ally known Gospel singer and recording artist. join me in passing good wishes to a true living for Violent Crimes Act specifically authorizes, Rev. Cousin and Mrs. Cousin, who have legend, Mrs. Ruth Broussard. by statute, that which the FBI is consistently been married for 58 years, are deeply com- f asked and expected to do. mitted to serving their church and our commu- This bill is an important measure aimed at nity at large. I am proud to recognize Rev- PERSONAL EXPLANATION increasing the safety and security of the Amer- erend Doctor Lester Cousin and Mrs. Mary ican people. When faced with a mass killing or Katherine Simpson Cousin for their almost HON. DEBBIE WASSERMAN SCHULTZ other violent crime, our state and local law en- four decades of inspirational leadership and OF FLORIDA forcement officials should have access to example, hard work and dedication, and I urge IN THE HOUSE OF REPRESENTATIVES every necessary resource in order to mitigate my colleagues to join me in honoring their Tuesday, September 13, 2011 the situation, identify the perpetrators, and many contributions to the spiritual and civic life bring them to justice. In Houston, Texas, of White Plains and Westchester County. Ms. WASSERMAN SCHULTZ. Mr. Speaker, where I represent the 18th Congressional Dis- f on September 9, 2010, I missed the following trict, the FBI reports 22,491 violent crimes in rollcall votes because I was unavoidably de- 2010. I know that my constituents would ap- COMMENDING MRS. RUTH tained out of town: rollcall vote No. 695—on preciate knowing that their local law enforce- BROUSSARD agreeing to the Hunter amendment; rollcall ment officials have access to the resources of vote No. 696—on agreeing to the Carney the FBI, should they need them. HON. RODNEY ALEXANDER amendment; rollcall vote No. 697—on motion As a senior Member of both the Judiciary OF LOUISIANA to recommit H.R. 1892; and rollcall vote 698, and Homeland Security committees, I have IN THE HOUSE OF REPRESENTATIVES on final passage of H.R. 1892. All of these worked tirelessly to ensure the safety of the Tuesday, September 13, 2011 rollcall votes were related to H.R. 1892, the In- American people, and this legislation does just telligence Authorization Act for Fiscal Year that. I am pleased at the bipartisan manner in Mr. ALEXANDER. Mr. Speaker, I rise today 2012. which this bill is being considered, and urge to congratulate and honor a true living legend. If present, I would have voted ‘‘aye’’ on all my colleagues to support H.R. 2076, the In- This September, Mrs. Ruth Broussard will be four rollcall votes. vestigative Assistance for Violent Crimes Act. honored by her induction into the ‘‘Order of f Living Legends.’’ Mrs. Broussard’s dedication f to the Acadian Museum, her town of Abbeville, IN HONOR OF CHABOT COLLEGE’S HONORING REVEREND AND MRS. Vermillion Parish, and the Acadian community 50TH ANNIVERSARY LESTER COUSIN as a whole make her deserving of this rec- ognition. HON. FORTNEY PETE STARK HON. NITA M. LOWEY After the completion of Mrs. Broussard’s OF CALIFORNIA OF NEW YORK Bachelor of Arts degree from Louisiana State IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES University, she began her career as an educa- tor in Lake Charles before returning to her Tuesday, September 13, 2011 Tuesday, September 13, 2011 birth town of Kaplan, La. Upon her return to Mr. STARK. Mr. Speaker, I rise today to pay Mrs. LOWEY. Mr. Speaker, I rise today to Kaplan she became an active member of her tribute to the 50th anniversary of Chabot Col- pay tribute to Reverend Doctor Lester Cousin community by joining the La Clique D’ Etud lege in Hayward, California. Chabot College and his wife, Mary Katherine Simpson Cousin. where she organized many fundraising drives was the first college opened by the Chabot- Their devoted service to the Calvary Baptist to help raise money for cancer research, and Las Postas Community College District. On Church in White Plains, New York, will be rec- by forming the first Girl Scout Troop. Shortly January 10, 1961 voters approved the forma- ognized at the Retirement Banquet in their after marrying her late husband, Justin John tion of a junior college district, with the first honor on September 17th, 2011. Broussard in 1941, he joined the U.S. Coast board of trustees elected on April 18, 1961. For the last 38 years, Rev. Cousin has been Guard and they were briefly relocated to Gal- Chabot College opened for classes on Sep- the pastor of the Calvary Baptist Church. veston, Texas while he served his country. tember 11, 1961, on a 7.5-acre temporary site Under his leadership and vision, the church Upon their return to the state they so dearly in San Leandro, California and an enrollment has tripled the size of its physical space— loved, they made their new home in Abbeville, of 1,163 students. On September 20, 1965 which now includes 18 classrooms, a youth La. where they raised 3 children, Jay, Re- students began classes on the 94-acre Chabot church chapel, computer room, games and ex- becca, and Eric. It did not take long for Mrs. College site in Hayward. Today, Chabot has ercise room—and greatly expanded the spir- Broussard to once again become an active an enrollment of close to 15,000 students and itual and educational services it provides to part of her community. Over the years she has is a fully accredited institution that offers a cur- meet the needs of a growing congregation. played an important role in many local organi- riculum of over 175 majors of study spread Rev. Cousin, known fondly as the ‘‘Senior zations throughout the Acadian region, such among its six academic divisions. Pastor of White Plains’’ because of his long as the Vermillion Historical Society, which re- Fostering civic responsibility is one of the tenure, also carries out his ministry in the flects her love for history and the history sur- college-wide learning goals of Chabot. During broader community. He served as Chaplain for rounding South La., serving as chairman of the 2010 fall semester, senior faculty in the the White Plains Police and Fire Departments the Executive Committee for the Acadian Mu- Administration of Justice and Political Science for 25 years, a Commissioner for the Public seum, her founding role of the Abbeville Tour engaged in discussions about ways to revive Access Cable TV Commission for seven Guides, a member of the St. Anne Alter Soci- the culture of civic engagement and service terms, Treasurer of the Ministers Fellowship ety, her involvement with the historic St. Mary learning at the college. A key outcome of Council of White Plains and Vicinity, and is an Magdalen Catholic Church that she loves so those discussions was an idea for a course in active member of the White Plains/ much, and is a member of the Abbeville Arts Law and Democracy as well as a Law and

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.019 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1612 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2011 Democracy lecture series. California State to our nation’s capital today. On behalf of hospital in Tarrant County to be named a Cen- Treasurer Bill Lockyer will deliver the inaugural every Iowan I represent, I thank them for their ter of Excellence for Bariatric Surgery. lecture in this series on September 15, 2011 service to our country. In order to improve upon their already out- and the first Law and Democracy course will f standing healthcare services, North Hills Hos- be offered during the Fall Semester of 2012. pital now offers less invasive and highly inno- Lockyer’s Law and Democracy lecture will CONGRATULATING WILMER RAY vative robotic surgery. Additionally, the hos- be the keynote event of a weeklong celebra- BAILEY pital has implemented a $33 million hospital tion and will kick-off three days of student-cen- expansion to provide better convenience for tered community engagement events that will HON. RODNEY ALEXANDER their patients. culminate on Citizenship/Constitution Day on OF LOUISIANA Since its inception, North Hills Hospital has September 17, 2011. In conjunction with these IN THE HOUSE OF REPRESENTATIVES grown more than three-fold, expanding from a 50-bed facility to a 176-bed hospital with 700 other events, Chabot will provide its students Tuesday, September 13, 2011 with a training program in community orga- employees and 400 physicians. nizing on September 16th and 17th. Mr. ALEXANDER. Mr. Speaker, it is with I am honored to represent the staff, physi- A primary goal of the Law and Democracy great pride that I rise today to congratulate cians, administration and patients of North lecture series is to expose Chabot College Wilmer Ray Bailey for being selected as a re- Hills Hospital as the representative of Texas’s students, and the broader community, to a cipient of the Thomas Jefferson Award for Co- 26th district and celebrate the hospital’s 50 wide range of ideas and policy issues that im- operative Weather Observing. This award is years of commitment to health care. pact their communities. Additionally, the orga- testament that Wilmer is a true leader for his f nizers of the lecture series hope to help ini- volunteer service to National Weather Service tiate conversations in the college and commu- in Jena, La. IN RECOGNITION OF REVEREND nity about civic participation and responsibility. Wilmer has served as a volunteer weather NORWOOD RICHARD CUFF I offer my congratulations to Chabot College observer for over 43 years, working closely on its 50th anniversary and for the launch of with the local forecast office and serving his HON. FRANK PALLONE, JR. its curriculum in Law and Democracy and its community as a long-standing reliable re- OF NEW JERSEY Democracy Lecture series. Chabot is com- source for weather and storm information. In IN THE HOUSE OF REPRESENTATIVES addition, he served Louisiana for 30 years as mitted to nurturing an awareness of the impor- Tuesday, September 13, 2011 tance of active civic engagement and respon- a fire protection coordinator and dispatcher sibility in its students. I send best wishes for with the state’s Office of Agriculture and For- Mr. PALLONE. Mr. Speaker, I rise today to every success. estry. He works with the National Weather congratulate Reverend Norwood Cuff for his thirty years of dedication to the ministry. On f Service in Shreveport by giving accurate, time- ly, and reliable weather observations, but also September 10, 2011, members of the Trinity EASTERN IOWA’S VETERANS OF as a trained Storm Spotter. Wilmer provides African Methodist Episcopal Church in Long THE SECOND WORLD WAR the irreplaceable service of relaying important Branch, New Jersey will gather to recognize and potentially dangerous weather conditions his devotion to members of the congregation. HON. DAVID LOEBSACK and damage reports from his community, His thirty years of dedication and commitment OF IOWA which is hard hit by hazardous weather on a to his faith and community are truly worthy of IN THE HOUSE OF REPRESENTATIVES regular basis. this body’s recognition. He is an example of how one person can Rev. Cuff is an esteemed member of Salem Tuesday, September 13, 2011 affect the lives of many, and I commend Wil- High School’s class of 1965. Beginning just Mr. LOEBSACK. Mr. Speaker, today I have mer for his hard work and dedication to mak- eight months after graduation, he faithfully the great honor of welcoming to our nation’s ing a positive difference in the community. I served his country as a member of the United capital ninety Iowa veterans of the Greatest ask my colleagues to join me in honoring Mr. States Navy. After completing his tour of duty, Generation. Accompanied by seventy volun- Wilmer Ray Bailey for this significant achieve- Rev. Cuff attained various retail positions be- teer guardians, these veterans have travelled ment. fore answering a strong religious calling. Rev. to Washington, DC, to visit the monument that f Cuff became an active member of Mt. Pisgah was built in their honor. African Methodist Episcopal (AME) in Salem, For many if not all of these veterans, today IN RECOGNITION OF NORTH HILLS New Jersey, filling the role of church organist. will be the first time they have seen the Na- HOSPITAL’S 50 YEARS OF SERVICE Under the pastoral leadership of Rev. John tional World War II Memorial. I can think of no Boxley and the Mt. Pisgah church family, Rev. greater honor than to be there when they see HON. MICHAEL C. BURGESS Cuff was recommended as a member to the their memorial for the first time and to person- OF TEXAS New Jersey Conference Ministerial Institute of ally thank Iowa’s—and our nation’s—heroes. IN THE HOUSE OF REPRESENTATIVES the AME Church. Shortly after, Rev. Cuff en- I proudly have in my office a piece of mar- rolled at Philadelphia College of Bible and ble from the quarry that supplied the marble Tuesday, September 13, 2011 completed his degree in 1984. In 1988, he that built the World War II Memorial. That Mr. BURGESS. Mr. Speaker, I rise today to graduated from the International Seminary piece of marble, just like the memorial that it recognize the North Hills Hospital as it has with a Masters degree in Biblical Studies. He built, reminds me of the sacrifices of a genera- been providing excellent health care services was later ordained as an Itinerate Deacon dur- tion that, when our country was threatened, to northeast Tarrant County for 50 years. ing his third year in the Ministerial Institute of rose to defend not just our nation but the free- Originally named Glenview Hospital, North the AME Church. Rev. Cuff would later pre- doms, democracy, and values that we hold so Hills Hospital was founded by six family physi- side as Pastor at Bethel AME Church in Port dear. They did so as one people and one cians in 1961 with initial funding provided by Norris, New Jersey upon completion of his country. It is still awe inspiring today. Rice University of Houston. When the hospital post graduate studies. He was ordained as an The sheer magnitude of what they accom- opened, it was the first suburban hospital in Itinerate Elder in the AME Church by Bishop plished, not just in war but in the peace that Northeast Tarrant County, and only the sec- Frank Cummings in 1984 and was later as- followed has stood as an inspiration to every ond hospital within the county to be located signed the Pastor of St. Mark AME Church in generation since. The Greatest Generation did outside of downtown Fort Worth. In 1983 the Lindenwold, New Jersey. After two years of not seek to be tested both abroad by a war facilities were moved to the current location in service, he was reassigned to Mt. Zion AME that fundamentally challenged our way of life North Richland Hills and renamed as North Church in Woodstown, New Jersey where he and at home by the Great Depression and the Hills Hospital. remained for twenty-two years. Rev. Cuff cur- rebuilding of our economy that followed. But, In the late 1990s the North Hills Hospital ac- rently serves as Pastor at Trinity AME Church when called upon to do so, they defended and complished the impressive fete of becoming in Long Branch, New Jersey. then rebuilt our nation. Their patriotism, serv- one of the only hospitals to score a perfect In addition to his religious service, Rev. Cuff ice, and great sacrifice not only defined their score on the Joint Commission Accrediting was an admirable member of the West Dept- generation—they stand as a testament to the Survey. This hospital’s commitment to stellar ford High School staff for fifteen years and of- fortitude of our nation. healthcare service is evident as it became the ficially retired from his position at the I am tremendously proud to welcome East- first hospital in the United States to achieve a Woodbury Junior Senior High School in 2008. ern Iowa’s veterans of the Second World War Level 2 Chest Pain Center as well as the first Among many worthy organizations, Rev. Cuff

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.022 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 13, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1613 currently serves as Vice President of the Long PERSONAL EXPLANATION work being done by the entire community of Branch Urban Ministry, member of the Long Dearborn, Michigan on the occasion of the Branch Housing Advisory Board and is Vice HON. RUSH D. HOLT first annual anti-bullying day. Chairman of the New Jersey Natural Gas— OF NEW JERSEY Long Branch Community Advisory Panel. Rev. IN THE HOUSE OF REPRESENTATIVES f Cuff is happily married to his wife, Bonita Wil- son, for twenty-nine years. Together they have Tuesday, September 13, 2011 PERSONAL EXPLANATION raised two daughters, Erinmarie C. Cuff- Mr. HOLT. Mr. Speaker, I did not return to Feltcher and Lauren M. Cuff. He is also the Washington in time on Monday September 12, HON. ROBERT HURT 2011 and missed three votes. proud grandfather of two granddaughters. OF VIRGINIA Had I been present I would have voted Mr. Speaker, once again please join me in IN THE HOUSE OF REPRESENTATIVES congratulating Rev. Cuff for thirty years of out- ‘‘yes’’ on H.R. 2076—Investigative Assistance standing service. Pastor Cuff’s record of out- for Violent Crimes Act (Rollcall No. 699), ‘‘yes’’ Tuesday, September 13, 2011 on H.R. 2633—Appeal Time Clarification Act standing leadership and impressive Mr. HURT. Mr. Speaker, I missed the fol- (Rollcall No. 700), and ‘‘yes’’ on H.R. 1059— mentorship is a shining example of what hard lowing vote on rollcall No. 700—a recorded Protect the safety of judges by extending the work and dedication can accomplish. vote on H.R. 2633, to amend title 28, United authority of the Judicial Conference to redact States Code, to clarify the time limits for ap- sensitive information contained in their finan- f peals in civil cases to which United States offi- cial disclosure reports (Rollcall No. 701). cers or employees are parties. PERSONAL EXPLANATION f Mr. Speaker, I was not present for rollcall COMMENDING THE CITY OF DEAR- vote No. 700 on H.R. 2633. Had I been HON. MICHAEL M. HONDA BORN’S ‘‘RESPONSE TO BUL- present, I would have voted ‘‘yea.’’ OF CALIFORNIA LYING BEHAVIOR’’ f IN THE HOUSE OF REPRESENTATIVES HON. JOHN D. DINGELL PERSONAL EXPLANATION Tuesday, September 13, 2011 OF MICHIGAN Mr. HONDA. Mr. Speaker, I was unable to IN THE HOUSE OF REPRESENTATIVES HON. ED PASTOR return to Washington, DC last week, and so I Tuesday, September 13, 2011 OF ARIZONA was not present for rollcall votes held on Sep- Mr. DINGELL. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES tember 7th, 8th, and 9th. recognize the city-wide response to bullying Had I been present I would have voted: behavior in Dearborn, Michigan. Today, Sep- Tuesday, September 13, 2011 ‘‘Yea’’ on Rollcall No. 692, on H. Con. Res. tember 14, 2011, marks the first annual anti- Mr. PASTOR of Arizona. Mr. Speaker, on 67, authorizing the use of the Capitol Grounds bullying day in Dearborn. I am proud to have rollcall No. 699, 700 and 701, I missed be- for the District of Columbia Special Olympics a city like this in my district, where they will cause of airline delay (4 hr.). Law Enforcement Torch Run. not sit back and allow bullying behavior to go Had I been present, I would have voted ‘‘No’’ on Rollcall No. 693, on Ordering the unnoticed and unpunished. ‘‘yea’’ on all three. Previous Question on H. Res. 392, the Rule On this day, Dearborn Public Schools are also celebrating Diversity Day, a day for ac- providing for consideration of both H.R. 2218 f and H.R. 1892, in order to allow Mr. cepting and respecting everyone for who they Garamendi of California to offer his amend- are, and treating them all equally; a day to IN RECOGNITION OF KELLY KRAFT ment to the Rule to give priority to eligible en- bring our wonderful community together. I ask, tities that plan to use materials made in Amer- what better day is there for acknowledging the HON. MICHAEL C. BURGESS ica for the construction and renovation of fight against bullying? Bullying doesn’t only school facilities. create rifts between families, students, and OF TEXAS ‘‘No’’ on Rollcall No. 694, on H. Res. 392, schools, but it is also detrimental to our local IN THE HOUSE OF REPRESENTATIVES the rule providing for consideration of both communities. We must not let individuals or Tuesday, September 13, 2011 H.R. 2218—Empowering Parents through groups be allowed to engage in misbehavior Mr. BURGESS. Mr. Speaker, I rise today to Quality Charter Schools Act and H.R. 1892— without punishment, rather it is important to recognize a constituent of the 26th District of Intelligence Authorization Act for Fiscal Year send the message that such behavior will not Texas, Kelly Kraft. Mr. Kraft graduated from 2012. be tolerated in our communities. Community leaders holding a public forum such as this Ryan High School in Denton, Texas after let- ‘‘Yes’’ on Rollcall No. 695, on the Hunter one to raise awareness on the societal costs tering for four seasons and serving as captain amendment to H.R. 1892, which would require of bullying is an important first step to com- of their golf team; he is currently a senior at the Director of National Intelligence and the bating this problem. Southern Methodist University where he has Secretary of Defense to establish a coordi- Bullying can take on various forms and af- just completed his last season as an accom- nated strategy to identify and counter network fect children and young adults of all back- plished member of the Mustangs golf team. activity and operations in Pakistan and Af- grounds. With the vast use of online resources One of Mr. Kraft’s most recent achievements ghanistan relating to the development and use by children and young adults, more and more includes beating a top ranked opponent from of improvised explosive devices. young people are being emotionally and phys- UCLA as the national tournament came down ‘‘Yes’’ on Rollcall No. 696, on the Carney ically victimized on a daily basis. In order to to the wire. In the end, Mr. Kraft persevered amendment to H.R. 1892, which would ex- stop bullying we all need to do our part, this and defeated his opponent to win the 111th press the sense of Congress that railway includes both students and teachers maintain- U.S. Amateur Championship. transportation security has been and must ing a vigilant lookout for this abhorrent behav- This victory was enough to solidify his spot continue to be a priority of the intelligence ior. Additionally, it is crucial that the victims of on the U.S. Walker Cup team. The Walker community in infrastructure threat assessment. bullying have strong moral support from Cup is a biennial golf tournament between ‘‘Yes’’ on Rollcall No. 697, the motion to re- friends and family alike. Aside from lending teams comprising the leading amateur golfers commit H.R. 1892, which would place priority emotional support, parents, friends, peers and of the U.S., Great Britain and Ireland. As the on funding activities that counter the threat teachers have a responsibility to report these U.S. Amateur champion, Mr. Kraft has also posed by transnational drug trafficking and the incidents to their school in order to help pre- qualified for next year’s U.S. Open, Masters, protection of U.S. borders from drug-related vent further incidents. and the British Open. crime, violence and gang-related activity in I commend the effort being made by the Mr. Kraft intends on finishing his Bachelors connection with transnational drug trafficking. Dearborn community to end bullying. This is in Sociology this upcoming year at Southern ‘‘Yes’’ on Rollcall No. 698, final passage of the all important first step in a fight to keep Methodist University. Kelly Kraft excels in H.R. 1892, although I share the concern ex- our children safe from the ridicule and abuse athleticism and perseverance, and I am proud pressed by a number of my colleagues about of bullies. I ask all of my colleagues to rise to represent him in the U.S. House of Rep- the CIA’s role in Libya. and join me in recognizing the magnificent resentatives.

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A13SE8.024 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1614 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2011 REMARKS IN HONOR OF U.S. ARMY and his wife Abigail organized the first sum- graphic relationships. Use of the Global Posi- SPECIALIST MICHAEL C. ROBERTS mer camp in America by taking a group of tioning System (GPS), along with geodetic lev- kids into the wilderness along the Long Island eling, enables C4G engineers to closely study HON. KAY GRANGER Sound for two weeks. Since then, thousands these relationships, providing essential data in OF TEXAS of camps have been founded, and 150 years understanding many geographic problems our IN THE HOUSE OF REPRESENTATIVES later there are over 12,000 summer camps na- state faces. tionwide. While times have changed, the pur- Dokka’s research contributions continued in Tuesday, September 13, 2011 pose of summer camp has remained the 2002 when he spearheaded a cooperative Ms. GRANGER. Mr. Speaker, I rise today to same—to provide our youth with havens in with Louisiana Spatial Reference Center honor the service of Army Specialist Michael which to grow and learn in nature. (LSRC) and the National Geodetic Survey- C. Roberts who was killed on August 27, 2011 In the State of Maine, we have nearly 200 NOAA. Together, this alliance works on cre- in Kandahar Province, Afghanistan in support camps—most of which are accredited by the ating an advanced positioning system for Lou- of Operation Enduring Freedom while serving American Camp Association—including sleep- isiana. with the 561st Military Police Company, based away camps, day camps, and specialty Dokka also worked with the state legislature at Fort Campbell, Kentucky. camps. More than 18 of those have been op- to ensure the efficient usage and application Specialist Roberts was 23 years old and erating for more than 100 years. In 1902, of C4G’s resources across Louisiana and pro- was from Watauga, Texas. He graduated from Wyonegonic Camps in Denmark, Maine vide them with the knowledge to better under- Richland High School in Fort Worth, Texas in opened its doors to girls and, today, remains stand and prevent coastal erosion. 2006 where he played tuba in the band and the oldest continuously operating camp for Thanks to the contributions of Dr. Dokka, was a varsity wrestler. Specialist Roberts was girls in the country. Girls’ camps play a pivotal LSU’s C4G will continue to be a valuable the youngest of three brothers to join the Army role in young women’s lives—providing set- asset for government, industry and higher when he enlisted in November 2007. Accord- tings in which they can grow confidence and education. The center’s work is especially ing to his brother Patrick, Specialist Roberts develop as bright young women. Also in 1902, timely considering the opportunities available relished the opportunity to ‘‘have a positive in- Pine Island Camp for boys opened in Bel- through GeoInformatics to provide critical in- fluence.’’ Specialist Roberts’ first tour was to grade Lakes, Maine and remains the oldest formation and roadway assessment. Iraq in 2009 in support of Operation Iraqi continuously operating camp for boys in the LSU acknowledges the importance of the Freedom as a communications specialist with state. In 1908, two camps were opened by research activity taking place at C4G, and has the 1st Cavalry Division based at Fort Hood, non-profit agencies in Maine: West End House expressed its intention to continue and grow Texas. He re-enlisted in 2010 and transferred Camp in East Parsonfield and Camp Jordan the institution in the absence of its founding to Fort Campbell, Kentucky in February 2011. YMCA in Ellsworth. executive director. Specialist Roberts was on his second tour Camp is a special place where kids get a Dr. Dokka left an admirable legacy in his when he was killed. He lost his life to a vehi- chance to re-create themselves, develop inde- profession, and will be remembered as a vital cle borne improvised explosive device that pendence, be physically active, and learn new member of the engineering community and a detonated near his patrol. Specialist Roberts skills outside of the traditional school setting. distinguished citizen of the State of Louisiana. was protecting a secured area outside a police And, through exposure to new experiences, f station when a vehicle attempted to breach friendships with kids from other states and APPEAL TIME CLARIFICATION ACT the area. Specialist Roberts engaged the around the globe, campers gain perspectives OF 2011 enemy, forcing them to detonate the device on their own lives that augment their edu- prematurely, and preventing them from injuring cation during the school year. Camps are also SPEECH OF or killing a large number of fellow soldiers. a place to build lasting friendships—a home Specialist Roberts was recognized for his ac- away from home where the camp community HON. SHEILA JACKSON LEE tions by being awarded the Bronze Star, Pur- becomes a second family. In a fast changing OF TEXAS ple Heart, and Combat Action Badge. Our na- world, summer camps continue to be a main- IN THE HOUSE OF REPRESENTATIVES tion can never repay the debt we owe to this stay of American society—providing kids a Monday, September 12, 2011 brave man and his family, who understand time for quiet reflection away from the pres- firsthand the meaning of service and sacrifice. sures of growing up in a modern world. As Ms. JACKSON LEE of Texas. Mr. Speaker, Specialist Roberts represents the best values millions of summer campers head back to I rise today in support of H.R. 2633, the Ap- of this nation and of the United States Army. start another year of school, let’s remember peal Time Clarification Act of 2011. This legis- Specialist Roberts is fondly remembered as the valuable role that summer camps play in lation provides an important clarification to the someone who lived life to the fullest, laughed the year-round education of children. law. Under the Federal Rules of Appellate Proce- every day, was extremely generous, and stood f strongly for what he believed. dure, the law allows 60 days to file a notice of I wish to extend my condolences to Spe- REMEMBERING LOUISIANA STATE appeal for civil cases if the United States or a cialist Roberts’ parents, David and Kathy, and UNIVERSITY PROFESSOR DR. federal officer is a party. However, the legisla- his brothers Patrick and Brian, and hope that ROY K. DOKKA tion fails to disclose whether the 60 day period they continue to find solace in his lasting im- applies to current and/or former federal em- pact on both this grateful nation and his fellow HON. CHARLES W. BOUSTANY, JR. ployees who are sued in an individual capac- soldiers. OF LOUISIANA ity. f IN THE HOUSE OF REPRESENTATIVES The Appeal Time Clarification Act of 2011 performs as a means to clarify the discrep- MARKING THE 150TH ANNIVER- Tuesday September 13, 2011 ancies created by the initial policy. It essen- SARY OF ORGANIZED CAMP IN Mr. BOUSTANY. Mr. Speaker, I want to tially amends the federal judicial code require- THE UNITED STATES offer condolences upon the passing of Dr. Roy ments concerning the time limits for the filing K. Dokka, professor and researcher at Lou- of appeals to any judgment, order, or decree HON. CHELLIE PINGREE isiana State University, who died unexpectedly in a civil action, suit, or proceeding. OF MAINE on August 1, 2011. His contributions as an ed- According to the Congressional Budget Of- IN THE HOUSE OF REPRESENTATIVES ucator in LSU’s College of Engineering were fice Cost Estimate, as ordered by the House invaluable, and he will be dearly missed by his Committee on the Judiciary, H.R. 2633 would Tuesday, September 13, 2011 family, peers, and the community. have no significant impact on the federal Ms. PINGREE of Maine. Mr. Speaker, this Dr. Dokka held the Fruehan Family Profes- budget. The CBO estimates that enacting the summer marked the one-hundred-and-fiftieth sorship in Engineering, and was responsible bill ‘‘would not affect direct spending or reve- anniversary of organized camp in the United for groundbreaking research during his tenure nues; therefore, pay-as-you-go procedures do States. Summer camps throughout the nation at LSU. Instrumental in establishing LSU’s not apply.’’ provide valuable educational experiences and Center for GeoInformatics (C4G), Dokka There are no solid concerns that have been offer the chance for children from all different served as the center’s first Executive Director. raised in the House regarding this legislation. backgrounds to spend time outdoors, connect Since 2001, researchers at C4G have been However, the Senate Judiciary Committee has with their peers, and learn life-long skills. In dedicated to studying the causes of coastal expressed its observation that the bill’s lan- the summer of 1861, William Frederick Gunn erosion in Louisiana and other important geo- guage regarding individual capacity lawsuits

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K13SE8.015 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 13, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1615 may be read in such a way as to exclude sire to share his success with those less fortu- Mathieson, Your Excellencies, Ambassadors those cases where the individual is rep- nate are evident through his various activities. and High Commissioners, of more than 70 na- resented by the Senate Legal Counsel or the He touts an impressive history of involvement tions, The Honorable Mr. Tony Abbott, Lead- and volunteerism in the Jewish Community, er of the Opposition, Ms. Katy Gallagher, House Office of General Counsel rather than Chief Minister of the Australian Capital Ter- the Department of Justice (for example, in a most notably filling the role of Building Fund ritory, General David Hurley, Chief of the lawsuit between the legislative and executive Chairman and Vice President of Temple Beth Australian Defence Force and Mrs. Linda branches concerning executive privilege). Torah. Mr. Portman served two terms as Hurley, Members of the Parliament of the Summarily H.R. 2633 extends the 60 day fil- President of the Monmouth County Jewish Commonwealth of Australia, Chiefs of the ing deadline to any civil action, suit, or pro- Federation and also held many other notable Australian Defense Force Services, Senior ceeding in which one of the parties is ‘‘a cur- positions with this organization. Similarly, he is Members of the Australian Public Service, rent or former U.S. officer or employee sued recognized for his role as Monmouth County Members of Australian First Responder Representative to New Jersey Board of Fed- Services, and welcome to our visiting inter- in an individual capacity for an act. This national dignitary, the Honourable Mr. Peter amendment provides the government with the erations and was subsequently appointed MacKay, Canadian Minister of National time it needs to review the case, determine Commissioner for Economic Development be- Defence, Distinguished guests, friends and whether an appeal should be taken, and se- tween Israel and New Jersey for his impres- family from many countries. cure the Solicitor General’s approval for that sive actions. He has also served on the Na- We come together today to remember a appeal. These same policy reasons apply in a tional Campaign Cabinet for Israel Bonds and terrible day; but even more to consider the days that have followed and that will follow. case where the United States—through DOJ as Vice President and on the Board of Direc- tors for Hebrew Immigrant Aid Society (HIAS). It has been ten years since September 11. or some other federal litigating entity—decides The world that we imagined on September to represent a current or former officer or em- Mr. Portman is the current Chairman of Devel- 10, 2001 all changed—changed utterly—in 24 ployee sued in his or her individual capacity. opment for the Home for the Aged of the hours. That morning of 9/11, thousands of I applaud my friend from Michigan, Ranking Workman’s Circle organization. men and women, Americans, Australians, The Portmans share a passion for travel Member of the Judiciary Committee for intro- and people of dozens of nationalities, Chris- and often relate their travel destinations to tians, Jews, Muslims, awoke thinking it was ducing this important legislation to protect past their desire to further enhance their knowledge a normal day. In New York City they headed and present federal employees. I urge my col- of Jewish history and culture around the world. to work in the World Trade Towers. In Bos- leagues to lend their support to the bill. Dedicated to protecting human rights and civil ton, Newark, and D.C., they rushed off to the f rights issues worldwide, Mr. and Mrs. Portman airport to catch the early morning flight to San Francisco. In New York, firefighters and IN RECOGNITION OF VICKI AND are lifetime members of the Holocaust, Geno- police officers—men and women—kissed DAVID PORTMAN cide and Human Rights Education Center. their spouses or partners goodbye as they They have also arranged separate scholarship left for the station. They all had their plans funds to financially support a student’s trip to for the day: their meetings, who they would HON. FRANK PALLONE, JR. Israel. The Portmans are the proud parents of see at lunch, friends, appointments, errands OF NEW JERSEY three sons, Howard, Lee and Billy and have with children. The world they imagined that IN THE HOUSE OF REPRESENTATIVES welcomed into their family their daughter-in- morning, like the life they imagined, was Tuesday, September 13, 2011 law Emily and three grandchildren, Ava, Max one filled with many more days and years. and Easy. Their continuous commitment to the They assumed life in all its fullness, what- Mr. PALLONE. Mr. Speaker, I rise today to ever that life was. The ideals they held, the Jewish community is only surpassed by their recognize Vicki and David Portman, the 2011 religion they practiced, the people they devotion to family. chose as their friends, their political views, Jewish Family and Children’s Service of Mr. Speaker, please join me in thanking Greater Monmouth County’s Tribute Dinner the words they chose to say. Vicki and David Portman for their outstanding We don’t refer to these things usually as honorees. Mr. and Mrs. Portman have dedi- service to the community and congratulate ‘‘freedom of religion,’’ ‘‘freedom of speech,’’ cated their lives to serving the community and them on the honor bestowed by the Jewish ‘‘freedom of association,’’ ‘‘equality,’’ or are truly worthy of this body’s recognition. Family and Children’s Service of Greater Mon- ‘‘liberty.’’ We just call it living. We call it Mrs. Vicki Portman was compelled by child- mouth County. Their philanthropic efforts are a life. And likely so did the people on that day hood memories to give back to the commu- shining example of what hard work and dedi- too. nity. Instilled with the basic tenets of Judaism, But that casual belief changed on Sep- cation can accomplish. tember 11. These men and women—sons, Mrs. Portman has been involved in the Jewish f daughters, fathers, mothers—were killed Federation of Monmouth County, where she that day for simply living as they did, and chaired the Business and Professional Women SPEECH BY JEFFREY BLEICH, U.S. where they did. People from over 90 nations Foundation and served as Vice President of AMBASSADOR TO AUSTRALIA were killed because they chose to live in a Campaign as well as Allocations. Most re- land that celebrated these values. cently, Mrs. Portman has been involved with HON. ADAM B. SCHIFF For those of us who survived, it was also a day we never imagined. Wherever we were, in the New York United Jewish Appeal (UJA) OF CALIFORNIA countries around the world, we imagined a Federation and continues to hold several posi- IN THE HOUSE OF REPRESENTATIVES normal day as well. None of us expected the tions with the Manhattan Women’s Campaign. Tuesday, September 13, 2011 world to stop, and for us to watch in horror Mrs. Portman is presently a member of Wom- Mr. SCHIFF. Mr. Speaker, I rise today to as people—people like us—perished before en’s Executive Circle (WEC) and on the Board our very eyes, in flames, and ash, and rubble. share a speech given by Jeffrey Bleich U.S. of Directors of UJA New York Federation, as Faced suddenly with a world that we’d Ambassador to Australia commemorating the never imagined, the stark question for each well as many other prestigious organizations. 10th anniversary of the September 11, 2001 She also sits on the Ethiopian Taskforce. Mrs. of us to answer was this: ‘‘what do we do attacks. Mr. Bleich’s speech eloquently ad- now?’’ Portman earned her Bachelor of Arts from dresses the tragedy of that day, our struggle If people like us were going to be killed for New York University and a Master’s degree in to come to terms with what happened and our living as we did, what would we do now? Speech Pathology from Seton Hall University. resiliency in the years since 9/11. The One of the people asking this question was She also completed a graduate certificate pro- my college roommate, Jeff Thompson. Jeff harrowing experience of his friend, Jeff and his girlfriend lived in New York, where gram in Training, Development & Organiza- Thompson, reminds us that while September tional Diagnosis through the New School’s he worked in finance and also sometimes 11th left an indelible mark on the nation, it went on the road to play with his band. Graduate School of Management. Mrs. was also a deeply personal tragedy for the On September 11, he was at work, on one of Portman’s professional endeavors led her to thousands of Americans in New York City, the top floors of the Second World Trade teach high school Public Speaking and Washington, DC, Pennsylvania and else- tower, when the first plane hit Tower One. English and she also served as school speech where, who felt the full brunt of the violence of Seeing the destruction next door, he started therapist. In 1988 she began Executive Com- that day on their families and friends. I am downstairs, but no one followed. He was half- way down, when the second plane hit—above munication, a communications consulting or- pleased to enter the Ambassador’s full speech ganization which she continues to manage him—cutting off all of his colleagues; every- into the RECORD today. one he knew from work. The stairwells filled today. SEPTEMBER 11TH 10 YEAR ANNIVERSARY COMMEMO- with people as they marched down to get out Mr. David Portman is the second of three RATION SPEECH JEFFREY BLEICH U.S. AMBASSADOR of the building, while firefighters and police children who were born and raised near Atlan- TO AUSTRALIA struggled to get up. Jeff was barely out of tic City, New Jersey. Mr. Portman’s values of The Honorable Ms. Julia Gillard, Prime the tower when it all collapsed behind him. community, motivation to succeed and the de- Minister of Australia and Mr. Tim He was covered in dust, and blood, and tears.

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.030 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1616 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2011 There were no phones. No cars. No way to Today members of the Embassy did not would not be possible without the ongoing get back home to his flat except to walk. mourn. They went to the Arboretum and generosity of volunteers. These inspirational And so he walked. He walked 18 miles, back planted new trees to make the world cleaner and essential workers average over 5,000 to his apartment. When he arrived his and more beautiful. They ran around Lake girlfriend was home mourning his death. And Burley Griffin to raise money to help those hours of monthly service, equaling the work of when she opened the door, Jeff—covered in suffering from heart disease. We joined with 30 full-time employees. Further, each hour of dust—looked like a ghost. They stood crying our Australian friends to volunteer at home- donated time equals 63 meals, and with over at one another. And then, he dropped to one less shelters, and with organizations 62,000 hours donated volunteers have helped knee and he asked her to marry him. That is thoughout this City to live the principles share more that 3.9 million meals. how he answered the question, ‘‘what do you and freedoms we cherish. It is hard to overstate the positive impact do now?’’ Around the world, we resisted the natural that Second Harvest has had and will continue In the days and years since, they have mar- instinct of people when attacked to with- ried. They have a son. Jeff has left the glam- to have on our community. For the fifth year draw and close off; our response has been to in a row, Charity Navigator rated Second Har- orous lifestyle of high finance and show busi- reach out and embrace. ness, for a quiet life in a small town, where Confronted with hate, we choose not to vest with four stars, highlighting its commit- he teaches math. He has committed to the hate. ment to returning 94 cents of every dollar do- things that matter most to him: his wife, his Confronted with death, we choose to live. nated back to support the charity. Last year, child, his community, and to educating the Confronted with fear, we choose to hope. with the help of so many donations, the food next generation. He can never make sense of We have done, as Jeff did 10 years ago to- bank shared over 8.1 million pounds of food that day, and he will never be able to accept night. Faced with unimaginable fear and and each of their five different programs saw why he was spared when so many other good death, he kneeled to pledge his faith in love. great success and growth. people perished. But in the days and weeks Thank you. that have followed he has rededicated him- In the words of Second Harvest’s President self to doing the things they might have f and CEO, Dan Stein, ‘‘It is possible to end done if they had lived: living a free and good CELEBRATING THE 25TH ANNIVER- hunger.’’ From Juneau to Green County, life. Crawford to Jefferson County and everywhere Each day since that terrible day offers SARY OF SECOND HARVEST FOODBANK OF SOUTHERN WIS- in between, Second Harvest has been a bea- each of us the chance to do good things that con of hope for our community and a model help others. In the face of the question of CONSIN September 12—what do I do now? There is no for charitable organizations. I proudly join answer other than: I will be better. those across Southern Wisconsin, the entire In the 10 years since September 11, sur- HON. TAMMY BALDWIN state, and the nation in celebrating the 25th vivors of terrorism around the world have OF WISCONSIN anniversary of Second Harvest Foodbank and struggled just as Jeff has to understand what IN THE HOUSE OF REPRESENTATIVES in thanking the employees, volunteers, and happened, and why, and how to stop it from Tuesday, September 13, 2011 donors for their exemplary service to our com- happening again. Free people have come to- munity. gether from New York to Nairobi, Bali to Ms. BALDWIN. Mr. Speaker, I rise today in f Belfast, Mumbai to Manila, Lahore to Lon- celebration of the 25th anniversary of Second don, and many other places and nations af- Harvest Foodbank of Southern Wisconsin and RECOGNIZING THE GREATER LA- flicted by terrorism. We have all been more to honor all those who worked to make this FAYETTE CHAMBER OF COM- careful at our borders. We have been more aware in our intelligence. We have been exceptional food bank successful over the last MERCE FOR BEING NAMED NA- more aggressive in our response to terror. quarter century. TIONAL CHAMBER OF THE YEAR But we have been more than that. We have In the summer of 1984, the dream of a food looked inward; and we have looked outward. bank in Dane County became a reality when HON. CHARLES W. BOUSTANY, JR. We have been more inclusive of religions— the Southern Wisconsin Regional Foodbank, OF LOUISIANA learning each others traditions, hosting Inc., eventually renamed Second Harvest IN THE HOUSE OF REPRESENTATIVES Iftars together, celebrating Ramadan and re- Foodbank of Southern Wisconsin, was cre- newing our commitment to religious toler- Tuesday September 13, 2011 ance. We shared our thoughts and hopes and ated. It wasn’t until 1986 that the first ware- beliefs even more freely through our polit- house was established in Madison, but by the Mr. BOUSTANY. Mr. Speaker, I am pleased ical processes. We innovated and built new end of the year nearly three million pounds of to congratulate the Greater Lafayette Chamber ways to communicate—social media—that food had been donated to 85 partner organi- of Commerce for being named National connected us to more people around the zations. Over the next two decades, the food Chamber of the Year by the American Cham- world than ever before in human history. We bank saw an explosion of increased services ber of Commerce Executives. made more friends. And we invested more and growth, including countless new partner- This distinguished honor is awarded to than ever in our alliances and in our commu- ships and programs, awards, and food dis- chambers with superior member relations, op- nities around the world. We gave more aid. We supported more charities. We welcomed tribution topping 6.8 million pounds by 2009. eration management, and leadership within new Countries like South Sudan. And we Today, Second Harvest works hard to ad- their community. The Greater Lafayette Cham- celebrated the spirit of democracy among dress the issue of hunger in our community. ber of Commerce has excelled in these areas the people of Tunisia and other nations in They handle 20,000 pounds of food per day, over the past year. Panel members and this Arab Spring. distributing over 8 million pounds through 350 former award recipients around the country We fought even harder against agents of partner agencies in sixteen Wisconsin coun- determine which chambers are deemed most hate, and fear, and intolerance wherever ties annually. Second Harvest also operates worthy to receive this title. I am very pleased they lived. Tens of thousands of us have ´ served this cause, often putting our lives at services like the Kids Cafe and the BackPack our Greater Lafayette Chamber of Commerce risk in difficult and dangerous places. We’ve programs, which provide food, nourishment, was ranked as the best in the United States lost some of our best and bravest men and and health education to children. These pro- this year. women. And all of us have invested billions grams are essential because statistics show On August 4th, 2011, Lafayette’s chamber of dollars to save the world from killers like that over 43% of those who do not have ac- was informed of this monumental accomplish- Osama Bin Laden, and those who followed cess to adequate amounts and types of ment. This is the chamber’s second national his sick beliefs. healthy foods are children. Furthermore, the honor this year. Before receiving National The terrorists wanted us to respond in ter- ror—to be afraid to live as we had, and to be- food bank operates thirty Mobile Pantry Pro- Chamber of the Year, the Lafayette Chamber lieve as we did. In the 10 years that have fol- gram sites and has a long-standing partner- was given five stars by the United States lowed, we have done just the opposite. We ship with the local NBC affiliate for their an- Chamber of Commerce. Only one percent of went back into our office buildings. We went nual holiday food drive, providing an additional chambers in the entire United States can back onto our airplanes. We came together 1.5 million meals for families facing hunger. claim this elite ranking. in our temples, and churches, and Mosques. Over the years, numerous people helped to The chamber’s contributions to Lafayette We lined up at our ballot boxes. We volun- make Second Harvest Foodbank an ongoing and the surrounding areas continue to foster teered to serve our nations. And we gathered success. Today, a dedicated board of direc- development and stability in the business publicly without fear, whether to enjoy the simple pleasures of a football game, or a con- tors and admirable staff work to assist over arena. I thank them for their continued efforts cert, or a barbeque. And we came together 141,000 people in southwestern Wisconsin to strengthen our community. The chamber is each year on this day to remember those who continue to lack proper nutrition. It is with- absolutely deserving of this esteemed award. who we lost, and to rededicate our lives in out a doubt, however, that the impact that On behalf of the people of South Louisiana, I their memory. Second Harvest makes on our community offer my sincere congratulations.

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A13SE8.032 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 13, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1617 IN RECOGNITION OF THE 75TH AN- HONORING THE CHESTER PERSONAL EXPLANATION NIVERSARY OF THE CAPE COD LIBRARY’S 100TH ANNIVERSARY TIMES HON. DEBBIE WASSERMAN SCHULTZ HON. RODNEY P. FRELINGHUYSEN OF FLORIDA HON. WILLIAM R. KEATING OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS Tuesday, September 13, 2011 Tuesday, September 13, 2011 IN THE HOUSE OF REPRESENTATIVES Ms. WASSERMAN SCHULTZ. Mr. Speaker, Tuesday, September 13, 2011 Mr. FRELINGHUYSEN. Mr. Speaker, I rise on September 12, 2010, I missed the following today to honor the Chester Library located in rollcall votes because I was unavoidably de- Mr. KEATING. Mr. Speaker, I rise today to Morris County, New Jersey, as it celebrates its tained out of town: rollcall vote No. 699—on recognize the seventy-fifth anniversary of the 100th anniversary this year. motion to suspend the rules and pass H.R. Cape Cod Times, a daily newspaper circulated The Chester Library officially opened on 2076, the Investigative Assistance for Violent throughout the towns and villages of Massa- Labor Day in 1911 as a joint library of the Crimes Act of 2011; rollcall vote No. 700—on chusetts’ Cape and Islands. Chesters. The library originally occupied a motion to suspend the rules and pass H.R. Seventy-five years ago, businessmen J.P. very small space above a metal shoe-support 2633, the Appeal Time Clarification Act of Dunn and Basil Brewer came together in a factory and was only open for selected hours 2011; and rollcall vote No. 701—on motion to Hyannis garage to publish the Cape Cod on Saturdays. Due to difficulty attaining fund- suspend the rules and pass H.R. 1059, to pro- Standard-Times. This union grew out of the ing, it constantly moved from one location to tect the safety of judges by extending the au- men’s desire to provide the residents of the another until it finally settled in its current thority of the Judicial Conference to redact Cape and Islands with access to community home in 1981. sensitive information contained in their finan- news, so they teamed up with the New Bed- The library expanded in 2004 with the addi- cial disclosure reports, and for other purposes. ford Standard-Times for joint distribution tion of a Children’s Room and a public meet- If present, I would have voted ‘‘aye’’ on all through the 1960s. By 1970, however, the ing room. The new room not only provided three rollcall votes. success of local small businesses and indus- extra meeting space for the library, but it is f tries had brought an era of expansion to the also available for local non-profits to use. region, augmenting the need for a local paper With a collection of over 70,000 books, A TRIBUTE IN HONOR OF JOHN N. to service the needs and interests of the music CDs, audio books, movies, video HUNTER ON THE OCCASION OF unique communities of the Cape and Islands. games, e-books and periodicals, the Chester RECEIVING THE ST. MADELEINE In 1975, the first Cape Cod Times edition was Library has come a long way from its modest SOPHIE AWARD published as an ‘‘independent Cape Cod start with merely 138 books. Available for bor- newspaper, printed and published on the rowing are books, magazines, audio books, HON. ANNA G. ESHOO Cape, by Cape Codders, for Cape Codders.’’ DVDs, video tapes, CDs, video games, pup- OF CALIFORNIA Today, the Cape Cod Times provides over pets and puzzles. Residents of Chester Bor- IN THE HOUSE OF REPRESENTATIVES 60,000 readers in the region with daily head- ough and Chester Township, as well as any lines of national and local relevance—from person with a Morris Automated Information Tuesday, September 13, 2011 summer beach closings to breaking news Network (M.A.I.N.) card, are free to search the Ms. ESHOO. Mr. Speaker, I rise today to across the globe. The paper’s circulation shelves and take advantage of all the library honor John N. Hunter, a 2011 recipient of the reaches beyond the Cape and Islands through has to offer. St. Madeleine Sophie Award. The Award is its online subscription, allowing readers to stay With more than 300 programs for visitors, given by the Sacred Heart School Community up-to-date on community happenings no mat- there is something for everyone. From story in Atherton, California, to individuals who have ter their location. time for children to book discussions with the made sustained and significant contributions Time and time again, the paper has been Young Adult Club and Computer Education for to the schools and embody the goals and cri- recognized for its national significance, having seniors, the Chester Library is a rich resource teria of a Sacred Heart education. John Hunt- been named to such prestigious awards as for the community. The library has 12 public er’s commitment to the mission of Sacred ‘‘Newspaper of the Year,’’ ‘‘Website of the computers with free Internet that provide visi- Heart education spans decades, is an inspira- Year’’ and ‘‘Sunday Newspaper of the Year’’ tors with convenient access to the Internet and tion to everyone, and has earned him the cov- by the New England Press Association, the other databases. eted St. Madeleine Sophie Award. New England Newspaper Association, and the The Chester Library serves a vital role in John N. Hunter is a 1951 graduate of Stan- New England Executives the community. Not only does it provide ac- ford University and served his country as a Association. cess to numerous books, collections and data- member of the United States Army. He is a Having owned a home on Cape Cod for bases, but the library also offers the people of successful entrepreneur and has made signifi- twenty years, it is with pride and gratitude that Chester with a social community where every- cant contributions in the fields of education I congratulate the Cape Cod Times, its editors one is welcome to share and enjoy. and community development. and staff on providing seventy-five years of Mr. Speaker, I ask you and my colleagues John N. Hunter joined the Sacred Heart authentic journalism to the people of the Tenth to join me in congratulating the Chester Li- Schools Board of Trustees in 1978. This was Congressional District of Massachusetts. I ex- brary as they celebrate 100 years of sup- a time of transition for the schools. John tend my best wishes to the paper for many porting access to knowledge and information helped craft the first strategic plan and was a more years of award-winning journalism to in the local community. leader of the schools’ first capital campaign. come. f He has served on the board of the Religious OUR UNCONSCIONABLE NATIONAL of the Sacred Heart’s Oakwood Retirement f DEBT Community, and played a key role in expand- ing the facility and building a chapel. PERSONAL EXPLANATION John has been married to the former Jose- HON. MIKE COFFMAN phine Kegley since 1959, and they are the OF COLORADO HON. JUDY CHU proud parents of five children: Julene, Wendi, IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Elizabeth, John and Mary, all of whom at- IN THE HOUSE OF REPRESENTATIVES Tuesday, September 13, 2011 tended Sacred Heart Schools in Atherton. Mr. Speaker, I ask my colleagues to join me Tuesday, September 13, 2011 Mr. COFFMAN of Colorado. Mr. Speaker, today our national debt is in congratulating John N. Hunter as he re- Ms. CHU. Mr. Speaker, on September 12, $14,688,259,374,281.24. ceives the St. Madeleine Sophie Award and 2011, I missed rollcall vote 699. On January 6, 2009, the start of the 111th salute him for his tireless work, his humility, Had I been present for vote 699, on H.R. Congress, the national debt was his wonderful sense of humor, and his lasting 2076, to clarify that the Department of Justice $10,638,425,746,293.80. commitment to the extraordinary education of can provide investigatory assistance at the re- This means the national debt has increased the Religious of the Sacred Heart and their quest of State and local authorities with re- by $4,049,833,627,987.44 since then. This schools in Atherton, California, where genera- spect to certain violent crimes, I would have debt and its interest payments we are passing tions of children have been shaped, strength- voted ‘‘aye.’’ to our children and all future Americans. ening our community and our country.

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\K13SE8.019 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1618 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2011 HONORING RAYMOND F. ‘‘DOC’’ and equipment. His knowledge became espe- Emerald Society Pipe Band and as the current KIERNAN cially valuable after September 11, 2001, as I past chairman of the New York State Career and other elected officials turned to Commis- Fire Chiefs Committee. He previously was a HON. NITA M. LOWEY sioner Kiernan for advice on complex issues member of the New Rochelle Fire Fighters As- OF NEW YORK such as emergency preparedness and radio sociation Executive Board and is a past presi- interoperability. dent of the New Rochelle Fire Officers Asso- IN THE HOUSE OF REPRESENTATIVES Doc Kiernan’s lifetime of dedicated service ciation. Tuesday, September 13, 2011 extends far beyond the New Rochelle Fire De- Commissioner Kiernan also has shared his Mrs. LOWEY. Mr. Speaker, I rise today to partment. He served in the United States time and talents with a host of community or- pay tribute to Fire Commissioner Raymond F. Coast Guard on active duty and in the Re- ganizations, including the United Way, on both ‘‘Doc’’ Kiernan who will be honored September serve from 1965 through 1971. He was active the local and county level. He was a chair of 15 upon his retirement after a 45-year career in a number of professional organizations, in- New Rochelle Heart Committee of the Amer- with the New Rochelle, New York Fire Depart- cluding the International Association of Fire ican Heart Association. His many volunteer ment. Chiefs, the Northeastern States Fire Consor- contributions have won him honors and A lifelong New Rochelle resident, Doc tium, the New York State Association of Fire awards from numerous organizations including Kiernan was a true ‘‘firefighter’s fire commis- Chiefs, the Westchester Career Fire Chiefs the Knights of Columbus, Huguenot Lions sioner,’’ rising through the ranks to become Association, the National Fire Protection Asso- Club, and Casa Calabria. New Rochelle Fire Commissioner in 1985. His ciation, and the International Society of Fire I am proud to recognize New Rochelle Fire experience at every level of the Department Service Instructors. Additionally, Ray serves Commissioner Raymond F. ‘‘Doc’’ Kiernan for prepared him well. As Commissioner, he ad- as a member of the Fire Advisory Board to the his exemplary service and commitment, and I vocated tirelessly at all levels of government Westchester County Executive, on the Board urge my colleagues to join with me in wishing for increased resources for firefighter training of Directors of the Westchester Fire Fighters him many happy years in retirement.

VerDate Mar 15 2010 04:41 Sep 14, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.039 E13SEPT1 tjames on DSK6SPTVN1PROD with REMARKS Tuesday, September 13, 2011 Daily Digest Senate A unanimous-consent agreement was reached pro- Chamber Action viding that the motion to proceed to the motion to Routine Proceedings, pages S5507–S5585 reconsider the vote by which cloture was not in- Measures Introduced: Seven bills and five resolu- voked on September 12, 2011 was agreed to. tions were introduced, as follows: S. 1545–1551, and Page S5515 S. Res. 261–265. Page S5536 By 61 yeas to 38 nays (Vote No. 132), three-fifths of those Senators duly chosen and sworn, having Measures Reported: voted in the affirmative, Senate upon reconsideration S. 1547, to reauthorize the Export-Import Bank of agreed to the motion to close further debate on the the United States. Page S5535 motion to proceed to consideration of the joint reso- Measures Passed: lution. Pages S5523–24 National Nurse-Managed Health Clinic Week: A unanimous-consent agreement was reached pro- Committee on the Judiciary was discharged from viding for further consideration of the motion to further consideration of S. Res. 256, designating the proceed to consideration of the joint resolution at week of October 2 through October 8, 2011, as approximately 10:30 a.m., on Wednesday, Sep- ‘‘National Nurse-Managed Health Clinic Week’’, tember 14, 2011; and that all time during adjourn- and the resolution was then agreed to. Pages S5583–84 ment, morning business and recess count post-clo- ture on the motion to proceed to consideration of National Health Information Technology Week: the joint resolution. Page S5585 Senate agreed to S. Res. 262, designating the week beginning on September 12, 2011, and ending on Nomination Confirmed: Senate confirmed the fol- September 16, 2011, as ‘‘National Health Informa- lowing nomination: Mara E. Rudman, of Massachu- tion Technology Week’’ to recognize the value of setts, to be an Assistant Administrator of the United health information technology in improving health States Agency for International Development. quality. Pages S5584–85 Pages S5583, S5585 National Direct Support Professionals Recogni- Messages from the House: Page S5532 tion Week: Senate agreed to S. Res. 263, designating Measures Referred: Page S5532 the week beginning September 11, 2011, as ‘‘Na- Measures Read the First Time: Pages S5532, S5585 tional Direct Support Professionals Recognition Week’’. Pages S5584–85 Executive Communications: Pages S5532–34 National Day of Encouragement: Senate agreed Petitions and Memorials: Pages S5534–35 to S. Res. 264, designating September 12, 2011, as Executive Reports of Committees: Pages S5535–36 ‘‘National Day of Encouragement’’. Pages S5584–85 Additional Cosponsors: Pages S5536–37 Honoring E. Thom Rumberger: Senate agreed to Statements on Introduced Bills/Resolutions: S. Res. 265, honoring the lifetime achievements of Pages S5537–83 E. Thom Rumberger. Pages S5584–85 Additional Statements: Pages S5531–32 Measures Considered: Authorities for Committees to Meet: Page S5583 Burmese Freedom and Democracy Act—Agree- ment: Senate continued consideration of the motion Record Votes: One record vote was taken today. to proceed to consideration of H.J. Res. 66, approv- (Total—132) Page S5524 ing the renewal of import restrictions contained in Adjournment: Senate convened at 10 a.m. and ad- the Burmese Freedom and Democracy Act of 2003. journed at 5:59 p.m., until 9:30 a.m. on Wednes- Pages S5511–13, S5513–29 day, September 14, 2011. (For Senate’s program, see During consideration of this measure today, Senate the remarks of the Acting Majority Leader in today’s also took the following action: Record on page S5585.) D956

VerDate Mar 15 2010 23:54 May 31, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D13SE1.REC D13SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 13, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D957 Committee Meetings AMERICA’S SAFETY TEN YEARS AFTER 9/11 Committee on Homeland Security and Governmental Af- (Committees not listed did not meet) fairs: Committee concluded a hearing to examine ten years after 9/11, focusing on if we are safer, after re- APPROPRIATIONS: DEFENSE ceiving testimony from Janet Napolitano, Secretary Committee on Appropriations: Subcommittee on Depart- of Homeland Security; Robert S. Mueller III, Direc- ment of Defense approved for full committee consid- tor, Federal Bureau of Investigation, Department of eration an original bill making appropriations for Justice; and Matthew G. Olsen, Director, National Defense for fiscal year 2012. Counterterrorism Center, Office of the Director of NOMINATION National Intelligence. Committee on Armed Services: Committee concluded a THREATS AGAINST AMERICA’S hearing to examine the nomination of Ashton B. AGRICULTURE AND FOOD SYSTEM Carter, of Massachusetts, to be Deputy Secretary of Defense, after the nominee, who was introduced by Committee on Homeland Security and Governmental Af- Senator Lieberman, testified and answered questions fairs: Subcommittee on Oversight of Government in his own behalf. Management, the Federal Workforce, and the Dis- trict of Columbia concluded a hearing to examine HOUSING FINANCE REFORM agro-defense, focusing on responding to threats Committee on Banking, Housing, and Urban Affairs: against America’s agriculture and food system, in- Committee concluded a hearing to examine housing cluding challenges for the food and agriculture sector finance reform, focusing on if there should be a gov- in responding to potential terrorist attacks and nat- ernment guarantee, after receiving testimony from ural disasters, after receiving testimony from Lisa Richard K. Green, University of Southern California, Shames, Director, Natural Resources and Environ- Los Angeles; Peter J. Wallison, American Enterprise ment, Government Accountability Office; Doug Institute, and Adam J. Levitin, Georgetown Univer- Meckes, Branch Chief, Food, Agriculture, and Vet- sity Law Center, both of Washington, D.C.; and erinary Defense Branch, Office of Health Affairs, De- Dwight M. Jaffee, University of California Berkeley partment of Homeland Security; Ted Elkin, Center Haas School of Business. for Food Safety and Applied Nutrition, Food and Drug Administration, Department of Health and TAX REFORM Human Services; Sheryl Maddux, Deputy Director, Committee on Finance: Subcommittee on Fiscal Re- Office of Homeland Security and Emergency Coordi- sponsibility and Economic Growth concluded a hear- nation, and John R. Clifford, Deputy Administrator ing to examine whether there is a role for tax reform and Chief Veterinary Officer, Animal and Plant in comprehensive deficit reduction and United States Health Inspection Service, both of the Department of fiscal policy, after receiving testimony from Alan Agriculture; Colonel John T. Hoffman, USA (Ret.), Greenspan, Greenspan Associates LLC, and John M. University of Minnesota National Center for Food Engler, Business Roundtable, both of Washington, Protection and Defense, St. Paul; and Paul Williams, D.C.; John B. Taylor, Stanford University, Stanford, Georgia Emergency Management Agency Division of California; Martin Feldstein, Harvard University, Homeland Security Agriculture, Food and Veterinary Cambridge, Massachusetts; and Edward D. Programs Director, Atlanta. Kleinbard, University of Southern California Gould School of Law, Los Angeles. POVERTY BUSINESS MEETING Committee on Health, Education, Labor, and Pensions: Committee on Foreign Relations: Committee ordered fa- Subcommittee on Primary Health and Aging con- vorably reported the nominations of Wendy Ruth cluded a hearing to examine poverty, after receiving Sherman, of Maryland, to be Under Secretary for Po- testimony from Garrett Adams, Beersheba Springs litical Affairs, John A. Heffern, of Missouri, to be Medical Center, Beersheba Springs, Tennessee; Sarah Ambassador to the Republic of Armenia, Francis Jo- Kemble, Desmond Callan Community Health Cen- seph Ricciardone, Jr., of Massachusetts, to be Am- ter, Northfield, Massachusetts; Paula Braveman, Uni- bassador to the Republic of Turkey, Robert Stephen versity of California San Francisco Center on Social Ford, of Vermont, to be Ambassador to the Syrian Disparities in Health; Michael F. Cannon, Cato In- Arab Republic, and Norman L. Eisen, of the District stitute, Washington, D.C.; Tim Hulsey, Bowling of Columbia, to be Ambassador to the Czech Repub- Green, Kentucky; and Phyllis Zolotorow, Ellicott lic, all of the Department of State. City, Maryland.

VerDate Mar 15 2010 23:54 May 31, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D13SE1.REC D13SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D958 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2011 CIVIL RIGHTS DIVISION OVERSIGHT ANNIVERSARY OF THE 9/11 ATTACKS Committee on the Judiciary: Committee concluded an Select Committee on Intelligence: Committee concluded a oversight hearing to examine the Civil Rights Divi- joint hearing with the House Permanent Select sion, after receiving testimony from Thomas E. Committee on Intelligence to examine the anniver- Perez, Assistant Attorney General, Civil Rights Di- sary of the 9/11 attacks, after receiving testimony vision, Department of Justice. from James R. Clapper, Director of National Intel- ligence, Office of the Director of National Intel- ligence; and David P. Petraeus, Director, Central In- telligence Agency. h House of Representatives Rejected: Chamber Action Holt amendment (No. 7 printed in part A of H. Public Bills and Resolutions Introduced: 10 pub- Rept. 112–200) that was debated on September 8th lic bills, H.R. 2900–2909; and 3 resolutions, H. that sought to encourage the Secretary of Education Con. Res. 77, and H. Res. 397–398, were intro- to include a priority for green school building prac- duced. Pages H6138–39 tices in the application for states to ensure that fed- Additional Cosponsors: Pages H6139–40 eral investment in charter school facilities would be energy efficient and environmentally friendly (by a Reports Filed: There were no reports filed today. recorded vote of 195 ayes to 220 noes, Roll No. Speaker: Read a letter from the Speaker wherein he 702) and Page H6119 appointed Representative Duncan (TN) to act as King (IA) amendment (No. 8 printed in part A Speaker pro tempore for today. Page H6101 of H. Rept. 112–200) that was debated on Sep- Recess: The House recessed at 10:22 a.m. and re- tember 8th that sought to strike subparagraph (d) of convened at 12 noon. Page H6103 subsection (6) of Sec. (9) which is part of the defini- Chaplain: The prayer was offered by the guest chap- tion of ‘‘high quality charter schools.’’ Sought to lain, Reverend Dr. Leroy Adams, Jr., Morning Star strike the following language: ‘‘(D) has demonstrated success in increasing student academic achievement Baptist Church, Omaha, Nebraska. Page H6103 for the subgroups of students described in section Suspension: The House agreed to suspend the rules 1111(b)(2)(C)(v)(II) (by a recorded vote of 43 ayes to and pass the following measure: 374 noes, Roll No. 703). Pages H6119–20 Surface and Air Transportation Programs Ex- H. Res. 392, the rule providing for consideration tension Act of 2011: H.R. 2887, to provide an ex- of the bills (H.R. 2218) and (H.R. 1892), was tension of surface and air transportation programs. agreed to on September 8th. Pages H6106–19 Committee Resignation: Read a letter from Rep- Empowering Parents through Quality Charter resentative Altmire, wherein he resigned from the Schools Act: The House passed H.R. 2218, to Committee on Small Business. Page H6123 amend the charter school program under the Ele- Committee Election: The House agreed to H. Res. mentary and Secondary Education Act of 1965, by 398, electing a Member to a certain standing com- a recorded vote of 365 ayes to 54 noes, Roll No. mittee of the House of Representatives. Page H6123 705. Consideration of the measure began on Sep- Quorum Calls—Votes: Four recorded votes devel- tember 8th. Pages H6119–23 Rejected the Hanabusa motion to recommit the oped during the proceedings of today and appear on bill to the Committee on Education and the Work- pages H6119, H6120, H6122, and H6122–23. force with instructions to report the same back to There were no quorum calls. the House forthwith with an amendment, by a re- Adjournment: The House met at 10 a.m. and ad- corded vote of 189 ayes to 231 noes, Roll No. 704. journed at 4:53 p.m. Pages H6120–22

VerDate Mar 15 2010 23:54 May 31, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D13SE1.REC D13SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 13, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D959 Hearing on H.R. 1098 and Restoring the Dollar.’’ Committee Meetings Testimony was heard from public witnesses. EXAMINATION OF USDA RURAL DEVELOPMENT PROGRAMS EVOLUTION OF DRUG CARTELS AND THE Committee on Agriculture: Subcommittee on Rural De- THREAT TO MEXICO’S GOVERNANCE velopment, Research, Biotechnology, and Foreign Committee on Foreign Affairs: Subcommittee on the Agriculture held a hearing on Agricultural Program Western Hemisphere and Subcommittee on Over- Audit: Examination of USDA Rural Development sight and Investigation held a joint hearing entitled Programs. Testimony was heard from Jonathan S. ‘‘Has Me´rida Evolved? Part One: The Evolution of Adelstein, Administrator, Rural Utilities Services, Drug Cartels and the Threat to Mexico’s Govern- Department of Agriculture; Judith A. Canales, Ad- ance.’’ Testimony was heard from public witnesses. ministrator, Rural Business and Cooperative Services, Department of Agriculture; and Tammye H. TEN YEARS AFTER 9/11: CAN TERRORISTS Trevin˜o, Administrator, Rural Housing Services, De- STILL EXPLOIT OUR VISA SYSTEM? partment of Agriculture. Committee on Homeland Security: Subcommittee on FUTURE OF NATIONAL DEFENSE AND THE Border and Maritime Security held a hearing entitled U.S. MILITARY TEN YEARS AFTER 9/11 ‘‘Ten Years after 9/11: Can Terrorists Still Exploit our Visa System?’’ Testimony was heard from Thom- Committee on Armed Services: Full Committee held a as Winkowski, Assistant Commissioner, Office of hearing on The Future of National Defense and the Field Operations, Customs and Border Protection, U.S. Military Ten Years After 9/11: Perspectives Department of Homeland Security; Edward from Outside Experts. Testimony was heard from Ramotowski, Acting Deputy Assistant Secretary, Bu- public witnesses. reau of Consular Affairs, Department of State; John WORKFORCE CHALLENGES FACING THE Cohen, Deputy Counter-Terrorism, Coordinator, De- AGRICULTURE INDUSTRY partment of Homeland Security; Peter T. Edge, Dep- Committee on Education and the Workforce: Sub- uty Associate Director, Homeland Security Investiga- committee on Workforce Protections held a hearing tions, Immigration and Customs Enforcement, De- entitled ‘‘Workforce Challenges Facing the Agri- partment of Homeland Security; and Richard Stana, culture Industry.’’ Testimony was heard from Jane Director, Homeland Security and Justice, GAO. Oates, Assistant Secretary Employment and Training Administration, Department of Labor; and public LEGISLATIVE MEASURES witnesses. Committee on the Judiciary: Subcommittee on Crime, MISCELLANEOUS MEASURES Terrorism, and Homeland Security held a hearing on H.R. 822, the ‘‘National Right-to-Carry Reciprocity Committee on Energy and Commerce: Subcommittee on Act of 2011.’’ Testimony was heard from Charles H. Energy held a markup of the following: H.R. 2250, Ramsey, Commissioner, Philadelphia Police Depart- the ‘‘EPA Regulatory Relief Act of 2011;’’ and H.R. ment; and public witnesses. Committee on Natural 2681, the ‘‘Cement Sector Regulatory Relief Act of Resources. 2011.’’ Both bills were forwarded, without amend- ment. LEGISLATIVE MEASURES ENSURING APPROPRIATE REGULATORY Committee on Natural Resources: Subcommittee on Na- OVERSIGHT OF BROKER-DEALERS AND tional Parks, Forests and Public Lands held a hearing LEGISLATIVE PROPOSALS TO IMPROVE on the following legislation: H.R. 302, the ‘‘Preserve INVESTMENT ADVISER OVERSIGHT Land Freedom For Americans Act of 2011’’; H.R. Committee on Financial Services: Subcommittee on Cap- 758, the ‘‘National Monument Designation Trans- ital Markets and Government Sponsored Enterprises parency and Accountability Act’’; H.R. 817, to held a hearing entitled ‘‘Ensuring Appropriate Regu- amend the Antiquities Act of 1906 to place addi- latory Oversight of Broker-Dealers and Legislative tional requirements on the establishment of national Proposals to Improve Investment Adviser Over- monuments under that Act, and for other purposes; sight.’’ Testimony was heard from public witnesses. H.R. 845, the ‘‘Montana Land Sovereignty Act’’; H.R. 846, the ‘‘Idaho Land Sovereignty Act’’; and LEGISLATIVE MEASURES H.R. 2147, the ‘‘Utah Land Sovereignty Act.’’ Testi- Committee on Financial Services: Subcommittee on Do- mony was heard from Sen. Hatch; Rep. Rehberg; mestic Policy and Technology held a hearing enti- Rep. Herger; Rep. Foxx; Rep. Labrador; Jerry Tay- tled ‘‘Road Map to Sound Money: A Legislative lor, Mayor, Escalante City, UT; and public witnesses.

VerDate Mar 15 2010 23:54 May 31, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D13SE1.REC D13SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D960 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2011 LEGISLATIVE MEASURES budget estimates for fiscal year 2012 for Commerce, Jus- tice, Science and Related Agencies, 2:30 p.m., SD–192. Committee on Natural Resources: Subcommittee on En- Committee on Armed Services: Subcommittee on Per- ergy and Mineral Resources held a hearing on the sonnel, to hold hearings to examine general and flag offi- following legislation: H.R. 2360 the ‘‘Providing for cer requirements, 2 p.m., SR–232A. Our Workforce and Energy Resources Act’’ Committee on Banking, Housing, and Urban Affairs: Sub- (POWER Act); H.R. 2752, the ‘‘BLM Live Internet committee on Securities, Insurance and Investment, to Auctions Act’’; and H.R. 2803, to direct the Sec- hold hearings to examine emerging issues in insurance retary of the Interior, acting through the Bureau of regulation, 9:30 a.m., SD–538. Ocean Energy Management, Regulation and Enforce- Subcommittee on Housing, Transportation and Com- ment, to conduct a technological capability assess- munity Development, to hold hearings to examine new ment, survey, and economic feasibility study regard- ideas for refinancing and restructuring mortgage loans, 2 ing recovery of minerals, other than oil and natural p.m., SD–538. Committee on Commerce, Science, and Transportation: Sub- gas, from the shallow and deep seabed of the United committee on Surface Transportation and Merchant Ma- States. Testimony was heard from Walter rine Infrastructure, Safety, and Security, to hold hearings Cruickshank, Deputy Director, Bureau of Ocean En- to examine moving intercity passenger rail into the fu- ergy Management, Regulation and Enforcement; and ture, 10 a.m., SR–253. public witnesses. Committee on Finance: to hold hearings to examine tax reform options, focusing on marginal rates on high-in- PRESIDENT’S PROPOSAL TO STIMULATE come taxpayers, capital gains and dividends, 10 a.m., THE ECONOMY AND CREATE JOBS SD–215. Committee on Oversight and Government Reform: Sub- Committee on Health, Education, Labor, and Pensions: to committee on Regulatory Affairs, Stimulus Over- hold hearings to examine securing the pharmaceutical sight and Government Spending held a hearing enti- supply chain, 10 a.m., SD–430. tled ‘‘Take Two: The President’s Proposal to Stimu- Committee on Homeland Security and Governmental Affairs: business meeting to consider an original bill entitled, late the Economy and Create Jobs.’’ Testimony was ‘‘Department of Homeland Security Authorization Act of heard from public witnesses. 2011’’, 10 a.m., SD–342. STEM IN ACTION Committee on the Judiciary: to hold hearings to examine the ‘‘Trafficking Victims Protection Reauthorization Committee on Science, Space, and Technology: Full Com- Act’’, focusing on renewing the commitment to victims mittee held a hearing entitled ‘‘STEM in Action: In- of human trafficking, 10 a.m., SD–226. spiring the Science and Engineering Workforce of Tomorrow.’’ Testimony was heard from public wit- House nesses. Committee on Agriculture, Subcommittee Livestock, Dairy, and Poultry, hearing on the examination of the issue of feed availability and its effect on the livestock Joint Meetings and poultry industries, 1:30 p.m., 1300 Longworth. OUR NATION’S DEBT Committee on the Budget, Full Committee, hearing enti- tled ‘‘The Need for Pro-Growth Tax Reform.’’ 10 a.m., Joint Select Committee on Deficit Reduction: Committee 210 Cannon. concluded a hearing to examine the history and driv- Committee on Education and the Workforce, Full Com- ers of our nation’s debt and its threat, after receiving mittee, hearing entitled ‘‘Examining the Federal Role in testimony from Douglas W. Elmendorf, Director, Public School Accountability.’’ 10 a.m., 2175 Rayburn. Congressional Budget Office. Committee on Energy and Commerce, Subcommittee on En- ergy and Power, hearing on the American Energy Initia- f tive with a focus on the impacts of the Environmental COMMITTEE MEETINGS FOR WEDNESDAY, Protection Agency’s new and proposed power sector regu- SEPTEMBER 14, 2011 lations on electric reliability, 9 a.m., 2322 Rayburn. Subcommittee on Oversight and Investigations, hearing (Committee meetings are open unless otherwise indicated) entitled ‘‘Solyndra and The DOE Loan Guarantee Pro- gram.’’ 9:30 a.m., 2123 Rayburn. Senate Committee on Financial Services, Subcommittee on Finan- Committee on Appropriations: Subcommittee on Financial cial Institutions and Consumer Credit, hearing entitled Service and General Government, business meeting to ‘‘Cybersecurity: Threats to the Financial Sector.’’ 10 a.m., markup proposed budget estimates for fiscal year 2012 2128 Rayburn. for Financial Services and General Government, 11:15 Subcommittee on Insurance, Housing and Community a.m., SD–138. Opportunity, hearing entitled ‘‘HUD and Subcommittee on Commerce, Justice, Science, and Re- NeighborWorks Housing Counseling Oversight.’’ 2 p.m., lated Agencies, business meeting to markup proposed 2128 Rayburn.

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Committee on Foreign Affairs, Full Committee, hearing Committee on Natural Resources, Full Committee, hearing entitled ‘‘Promoting Peace? Reexamining U.S. Aid to the entitled ‘‘Creating American Jobs by Harnessing Our Re- Palestinian Authority, Part II.’’ 10 a.m., 2172 Rayburn. sources: Domestic Mining Opportunities and Hurdles.’’ Subcommittee on Terrorism, Nonproliferation, and 10 a.m., 1324 Longworth. Trade, hearing on U.S.-India Counterterrorism Coopera- Subcommittee on Water and Power, hearing on the tion: Deepening the Partnership, 2 p.m., 2200 Rayburn. following legislation: H.R. 200, the ‘‘Inland Empire Per- Committee on Homeland Security, Subcommittee on chlorate Ground Water Plume Assessment Act of 2011’’; Counterterrorism and Intelligence, hearing entitled and H.R. 2842, the ‘‘Bureau of Reclamation Small Con- ‘‘United States Secret Service: Examining Protective and duit Hydropower Development and Rural Jobs Act of Investigative Missions and Challenges in 2012.’’ 2 p.m., 2011.’’ 2 p.m., 1324 Longworth. 210 Cannon. Committee on Oversight and Government Reform, Full Com- Subcommittee on Transportation Security, markup of the Subcommittee print to authorize the programs of the mittee, hearing entitled ‘‘How A Broken Process Leads to Transportation Security Administration relating to the Flawed Regulations.’’ 9:30 a.m., 2154 Rayburn. provision of transportation security, and for other pur- Committee on Small Business, Full Committee, hearing poses, entitled the ‘‘Transportation Security Administra- entitled ‘‘Beyond the Size Standards: Sustainability of tion Authorization Act of 2011.’’ 10:30 a.m., 311 Can- Small Business Graduates.’’ 1 p.m., 2360 Rayburn. non. Committee on Ways and Means, Full Committee, markup Committee on the Judiciary, Subcommittee on Immigra- of legislation regarding the ‘‘Child and Family Services tion Policy and Enforcement, hearing entitled ‘‘The In- Improvement and Innovation Act.’’ 10 a.m., 1100 Long- vestor Visa Program: Key to Creating American Jobs.’’ worth. 1:30 p.m., 2141 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 14 10 a.m., Wednesday, September 14

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond one hour), Senate 2867—United States Commission on International Reli- will continue consideration of the motion to proceed to gious Freedom Reform and Reauthorization Act of 2011 consideration of H.J. Res. 66, Burmese Freedom and De- and H.J. Res. 77—Relating to the disapproval of the mocracy Act. President’s exercise of authority to increase the debt limit, as submitted under section 3101A of title 31, United States Code, on August 2, 2011.

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E1607, E1610, E1617 McCollum, Betty, Minn., E1607 Frelinghuysen, Rodney P., N.J., E1607, E1617 Matsui, Doris O., Calif., E1605 Alexander, Rodney, La., E1610, E1611, E1612 Granger, Kay, Tex., E1614 Pallone, Frank, Jr., N.J., E1605, E1606, E1608, E1610, Baldwin, Tammy, Wisc., E1616 Holt, Rush D., N.J., E1613 E1612, E1615 Bishop, Sanford D., Jr., Ga., E1605 Honda, Michael M., Calif., E1613 Pastor, Ed, Ariz., E1613 Boustany, Charles W., Jr., La., E1614, E1616 Hurt, Robert, Va., E1613 Paul, Ron, Tex., E1608 Burgess, Michael C., Tex., E1612, E1613 Jackson Lee, Sheila, Tex., E1608, E1610, E1614 Paulsen, Erik, Minn., E1607 Castor, Kathy, Fla., E1606 Keating, William R., Mass., E1617 Pingree, Chellie, Me., E1614 Chu, Judy, Calif., E1617 Kinzinger, Adam, Ill., E1610 Ross, Mike, Ark., E1609 Coffman, Mike, Colo., E1617 Kucinich, Dennis J., Ohio, E1605, E1606, E1607, E1607, Schiff, Adam B., Calif., E1615 Costa, Jim, Calif., E1609 E1608 Stark, Fortney Pete, Calif., E1611 Davis, Geoff, Ky., E1606 Loebsack, David, Iowa, E1612 Thompson, Glenn, Pa., E1608, E1609, E1609, E1610 Dingell, John D., Mich., E1613 Lowey, Nita M., N.Y., E1611, E1618 Wasserman Schultz, Debbie, Fla., E1611, E1617

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