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

Vol. 157 WASHINGTON, TUESDAY, MAY 3, 2011 No. 58 Senate The Senate met at 10 a.m. and was Senator from the State of New Hampshire, The ACTING PRESIDENT pro tem- called to order by the Honorable to perform the duties of the Chair. pore. Without objection, it is so or- JEANNE SHAHEEN, a Senator from the DANIEL K. INOUYE, dered. State of New Hampshire. President pro tempore. Mr. REID. Additionally, I also filed Mrs. SHAHEEN thereupon assumed cloture on the nomination of John PRAYER the chair as Acting President pro tem- McConnell of Rhode Island to be a dis- pore. The Chaplain, Dr. Barry C. Black, of- trict judge for the District of Rhode Is- fered the following prayer: f land. This vote may also occur tomor- Let us pray. RECOGNITION OF THE MAJORITY row morning. Almighty and eternal God, we desire LEADER SBIR/STTR to honor Your holy name. Thank You The ACTING PRESIDENT pro tem- The bill before this body today, the for blessing us to see the sunlight of a pore. The majority leader is recog- small business innovation bill, is the new day. Today, lift the minds of our nized. latest in a series of bills we have writ- lawmakers above the things that dis- ten to help small businesses grow. It f tract them from doing Your will. May supports a research and development their hearts be fully focused on ful- SCHEDULE program—the Small Business Innova- filling Your purposes as they strive to Mr. REID. Madam President, fol- tion Research Program—that has live for Your glory. Lord, give them lowing any leader remarks, the Senate helped tens of thousands of small busi- the wisdom to use all their powers to will be in a period of morning business nesses create jobs and shape the future. serve You, seeking Your approval for until 5 p.m. this evening. The Repub- This bill is an adaptation of the bill each critical decision they make. Let licans will control the first 30 minutes, that President Reagan created 30 years Your favor delight them and Your pres- the majority will control the next 30 ago. It is a continuation of that pro- ence sustain them in every season of minutes. gram. It has been proven that these in- life. The Senate will recess from 12:30 to vestments work. It helped get great We pray in Your great Name. Amen. 2:15 to allow for our weekly caucus new ideas off the ground. For example, meetings. We expect to have a rollcall the electric toothbrush was invented f vote this afternoon on the adoption of with a small business grant, the sat- the resolution commending our Armed ellite antenna that helped our first re- PLEDGE OF ALLEGIANCE Forces and the intelligence community sponders in Haiti, to technologies that The Honorable JEANNE SHAHEEN led regarding the death of bin Laden. Sen- keep our food safe and our military the Pledge of Allegiance, as follows: ators will be notified when that vote is tanks from overheating in the desert. I pledge allegiance to the Flag of the scheduled. These are all the result of what this United States of America, and to the Repub- Additionally, there is a Senators- legislation has done over the years. lic for which it stands, one nation under God, only briefing today—it is classified—on There are success stories in virtually indivisible, with liberty and justice for all. the U.S. operation that killed Osama every State and nearly every industry. f bin Laden. That will be at 5 p.m. today Before the recess, we spent days in the Visitor Center. working on an agreement to have votes APPOINTMENT OF ACTING CIA Director Leon Panetta will be on three amendments on this bill so we PRESIDENT PRO TEMPORE there; Vice Chairman of the Joint could move forward and finally pass it. Chiefs of Staff James Cartwright will We have voted on many amendments. The PRESIDING OFFICER. The be there; National Counter Terrorism This legislation started on March 10. It clerk will please read a communication Center Director Michael Leiter will be is now the first part of May. We have to the Senate from the President pro there; and Deputy Secretary of State had some breaks in time because of our tempore (Mr. INOUYE). James Steinberg. going back to our States, but there is The legislative clerk read the fol- ORDER OF PROCEDURE no excuse for not completing this im- lowing letter: Last night I filed cloture on the portant legislation. U.S. SENATE, small business jobs bill, S. 493. Sen- Every time we get one problem taken PRESIDENT PRO TEMPORE, ators should expect a cloture vote to care of another Republican raises their Washington, DC, May 3, 2011. To the Senate: occur tomorrow morning. I ask unani- head. The latest is Senator SNOWE. Of Under the provisions of rule I, paragraph 3, mous consent that the filing deadline all people who should understand the of the Standing Rules of the Senate, I hereby for all first-degree amendments be at importance of small business, it is the appoint the Honorable JEANNE SHAHEEN, a 2:30 p.m. today for S. 493. Senator from Maine, who was at one

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

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Senator LANDRIEU The ACTING PRESIDENT pro tem- what they sell here, I should do that. said she will work with her to hold ‘‘Make here what they sell here’’ was pore. Under the previous order, the hearings, whatever is appropriate. But then the union battle cry. It was part Senate will be in a period of morning it is unfair that we have not been able of an effort to slow the tide of Japanese business for debate only until 5 p.m., to move forward on this bill. cars and trucks entering the U.S. mar- with Senators permitted to speak As I indicated, we spent days before ket. At that time, Americans were very therein for up to 10 minutes each, with the recess working on an agreement to worried about Japan. There were books the first hour equally divided and con- have votes on amendments to move about Japan being No. 1, and the fear trolled between the two leaders or this bill forward. Included in this was that Japan would overwhelm us their designees, with the Republicans agreement were Senator CORNYN’s economically. Cars and trucks from controlling the first 30 minutes and the amendment, which would establish a Japan were fuel efficient, they were at- majority controlling the next 30 min- commission on government waste, and tractive, they were selling, and manu- utes. Senator HUTCHISON’s amendment, facturers and the United Auto Workers The ACTING PRESIDENT pro tem- here were concerned that we would lose which related to health care reform pore. The Senator from Tennessee. litigation. This agreement was ob- a lot of jobs. So the cry was to the Jap- jected to by Senator SNOWE while ev- f anese: If you are going to sell it in the eryone else in the Senate has signed off RIGHT TO WORK PROTECTION ACT United States, you need to make it in on it. the United States. Mr. ALEXANDER. Madam President, So off I went to Tokyo to meet with During the course of many weeks de- I rise today to talk about a piece of the Nissan executives who were then bating this bill, we have made signifi- legislation which will be both a bill deciding where to put their first U.S. cant efforts to accommodate Senator that Senator GRAHAM and Senator manufacturing plant. At that time, SNOWE and the rest of the Republican DEMINT and I will introduce tomorrow Japan had very few manufacturing caucus on amendments. She has had and an amendment that I have filed to plants in the United States. They made one. We voted on it already. We even the small business bill on behalf of the there what they sold here. I carried had a vote, as indicated, on an amend- three of us. with me on that trip a photograph ment offered by Senator SNOWE, as well We are calling it the Right to Work taken at night from a satellite showing as many other Republican amend- Protection Act, and it is our intent to the country with all of its lights on. ments, nearly every one of which had preserve the right of each State to Try to visualize that. Because what nothing to do with the underlying leg- make a decision for itself about wheth- you see if you look at a photograph of islation. They were not relevant. They er it will have a right-to-work law and the United States at night are a lot of were not germane. have an ability to enforce it. This is in lights east of the Mississippi River, but direct response to an action that the In light of our accommodation of ex- it is pretty dark almost until you get National Labor Relations Board has traneous amendments, it is difficult for to California, and there are a lot of taken against the Boeing Company and me to understand why we cannot finish lights down around Texas. I was trying the plant they are building in South debate on this bill. We have been more to make a point. The Japanese execu- Carolina. than fair. We should be able to reach tives, who didn’t know very much The National Labor Relations Board agreement on considering the remain- about Tennessee and I didn’t know has moved to stop Boeing from build- ing amendments and voting on final very much about Japan, would say to ing airplanes at a nonunion plant in passage. I hope that my friends on the me, Where is Tennessee? I would point South Carolina, suggesting that a other side of the aisle would recognize to our State and say, We are right in unionized American company cannot how unfair it is that one Senator would the middle of the lights. expand its operations into one of 22 hold up this legislation. My argument, of course, was that lo- States with right-to-work laws. These cating a plant in the population center There are amendments pending, I re- laws protect a worker’s right to join or of the United States would reduce the peat, that are not germane or relevant not to join a union. In fact, the New cost of transporting cars to customers. to this piece of legislation. We are will- Hampshire Legislature has just ap- That population center 70 or 80 years ing to take votes on those. It would proved its becoming the 23rd such ago was in the Midwest where the seem to me that Senators such as State. American automobile was literally in- CORNYN and HUTCHISON, who have This reminds me, this action by the vented, and it made a lot of sense to worked hard to get votes, should vote National Labor Relations Board re- build almost all the plants there, be- with us on our ability to move forward minds me of a White House dinner in cause transportation costs were less on this legislation. We should be able February 1979 when I was Governor of when you send these heavy cars and to get this done. It is the right thing Tennessee. The occupant of the chair trucks to the customers. So you locate for the country. It appears that we are has been to those dinners. The Presi- your plant near the population center. not going to be able to do that. So I dent has them every year. The only Gradually, that population center mi- had no choice but to file cloture in ones invited are the Governors them- grated south from the Midwest, where order to bring this debate to a close. selves and spouses. For me, it was al- most U.S. plants have been, to Ken- That is what I did last night. ways one of the highlights of the year. tucky and Tennessee. If this job-producing legislation is So my first such dinner was with Then the Japanese to whom I was not passed, there is only one problem President Carter in 1979. As a new Gov- talking examined a second consider- with it: the Republicans on the other ernor, I was paying close attention to ation: Tennessee has a right-to-work side of the aisle. It is unfair that we what the President of the United law and Kentucky does not. That have worked so hard to get this impor- States had to say. This is what he said: meant that in Kentucky, workers tant piece of legislation done, and be- Governors, go to Japan. Persuade them to would have to join the United Auto cause of one Senator it is not going to make here what they sell here. Workers Union. Workers in Tennessee happen. I hope that is wrong. I hope my I walked 1,000 miles across Tennessee had a choice. In 1980, Nissan chose Ten- prediction is wrong. This has been on to be Governor the year before, and I nessee, then a State with almost no the Senate floor for far too long. We don’t remember one single Tennessean auto jobs. Today, auto assembly plants need to resolve it so we can move to who said to me: Lamar, the first thing and suppliers provide one-third of our other matters. you do when you get in office is go to State’s manufacturing jobs. Tennessee

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.001 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2591 is home for the production of the Leaf, There being no objection, the mate- cause it is a bigger issue we are dealing Nissan’s all-electric vehicle, and the rial was ordered to be printed in the with in the context of this decision by batteries that power them. I am happy RECORD, as follows: the National Labor Relations Board. to report it works well. I have bought At the appropriate place, insert the fol- We need to use the principles that one, parked in the garage of the apart- lowing: work, but it appears this administra- ment where I live here. Recently Nis- SEC. ll. PROTECTION OF RIGHT TO WORK. tion and my colleagues on the other san announced that 85 percent of the (a) APPLICABILITY OF NLRA TO STATE side are afraid to let these principles cars and trucks it sells in the United RIGHT TO WORK LAWS.—Section 14 of the Na- work. They seem to be afraid of free- States will be made in the United tional Labor Relations Act (29 U.S.C. 164) is dom itself. States, making it one of the largest so- amended by striking subsection (b) and in- We see in their record over the last 2 called ‘‘American’’ auto companies and serting the following: years being afraid for Americans to ‘‘(b) Nothing in this Act shall be construed nearly fulfilling Mr. Carter’s request of to limit the application of any State law make their own decisions about their 30 years ago. that prohibits, or otherwise places restraints children’s education and about their But now unions want to make it ille- upon, agreements between labor organiza- health care. They are afraid to death of gal for a company that has experienced tions and employers that make membership letting senior citizens manage their repeated strikes to move production to in the labor organization, or that require the own retirement funds and health care a State with a right-to-work law. What payment of dues or fees to such organization, plans. They are certainly afraid to let would this mean for the future of a condition of employment either before or States manage their own energy re- American auto jobs? Jobs would flee after hiring.’’. sources or decide what roads and overseas as manufacturers look for a (b) APPLICABILITY OF RAILWAY LABOR ACT TO STATE RIGHT TO WORK LAWS.—Title II of bridges to build and where to build competitive environment in which to the Railway Labor Act (45 U.S.C. 181 et seq.) them. They clearly don’t want busi- make and sell cars around the world. is amended by adding at the end the fol- nesses to make their own decisions It has happened before. David lowing: about hiring and firing. They won’t let Halberstam’s 1986 book ‘‘The Reck- ‘‘SEC. 209. EFFECT ON STATE RIGHT TO WORK even community banks make their own oning’’—about the decline of the do- LAWS. decisions about who to lend money to, mestic American auto industry—tells ‘‘Nothing in this Act shall be construed to even though these small banks have limit the application of any State law that the story. Halberstam quotes American nothing to do with the financial col- Motors president George Romney who prohibits, or otherwise places restraints upon, agreements between labor organiza- lapse. Clearly, from this decision, this criticized the ‘‘shared monopoly’’ con- administration and the Democratic sisting of the Big Three Detroit auto tions and carriers that make membership in the labor organization, or that require the Party is afraid to give employees— manufacturers and the United Auto payment of dues or fees to such organization, workers—the freedom not to join a Workers. Romney warned, ‘‘There is a condition of employment either before or union. nothing more vulnerable than en- after hiring.’’. It is amazing what this National trenched success.’’ Detroit ignored up- Mr. ALEXANDER. I thank the Chair. Labor Relations Board, which has been starts such as Nissan which in the 1960s I wish to add that I saw today a rep- stacked with union folks by the admin- began selling funny little cars to Amer- resentative of the Whirlpool Company istration, is doing to jobs in our States ican customers. We all know what hap- which has 2,500 employees in Ten- and all across the country. Twenty-two pened to employment in the Big Three nessee. He said Whirlpool makes 82 per- States have right-to-work laws. In the companies. cent of what they sell in the United last few months, my State, along with Even when Detroit sought greener States here in the United States, but several others, has passed a constitu- pastures in a right-to-work State, its that they have a choice. They have tional amendment that would protect partnership with the United Auto plants in Mexico as well. It is one more the freedom of workers to have a secret Workers could not compete. In 1985 example of why allowing States to General Motors located its $5 billion ballot when union bosses are trying to Saturn plant in Spring Hill, TN, 40 have a right-to-work law keeps jobs in organize their workplace. A secret bal- miles from the Nissan plant, hoping our country. lot is so fundamental to American I see on the floor Senator DEMINT, side-by-side competition would help principles and the principles of free- whose State is directly affected by this the Americans beat the Japanese. After dom, but the AFL–CIO is suing our 25 years, nonunion Nissan operated the NLRB decision. He and I are working State and others to stop us from pro- most efficient plant in North America. together on this legislation. I am sure tecting that freedom of workers. In the last few weeks, a truly ex- The Saturn/UAW partnership never he has comments on the legislation and made a profit. Last year, GM closed on the decision of the NLRB. traordinary thing has happened, as this Saturn. The ACTING PRESIDENT pro tem- National Labor Relations Board has ac- Nissan’s success is one reason why pore. The Senator from South Caro- tually filed suit against Boeing, which Volkswagen recently located in Chat- lina. has located a new facility in South tanooga and why Honda, Toyota, BMW, Mr. DEMINT. Thank you, Madam Carolina, claiming it was retribution Kia, Mercedes-Benz, Hyundai, and President. I wish to associate myself for a strike in Washington. People need thousands of suppliers have chosen with the remarks of the Senator from to understand that Boeing has added southeastern right-to-work States for Tennessee. I appreciate him bringing 2,000 jobs in Washington since they de- their plants. Under right-to-work laws, this up. It is important for us here in cided to build this new production line employees may join unions, but mostly the Senate as well as everyone around in South Carolina. But this administra- they have declined. Three times work- the country to understand what this tion—and I am afraid the majority here ers at the Nissan plant in Smyrna, TN, administration is doing to hurt jobs in in the Senate—is so afraid companies rejected organizing themselves like America. will have the freedom to locate new fa- Saturn employees a few miles away. This has been a good week for Amer- cilities, new businesses, in States Our goal should be to make it easier ica. We have worked together building where their workers are not required to and cheaper to create private-sector on a lot of the common principles of join a union. jobs in this country. Giving workers our country of a strong defense and a Let’s put this in a different context. the right to join or not to join a union robust intelligence system to track A few weeks ago, a delegation from helps to create a competitive environ- down an enemy of freedom and to California went to Texas to try to fig- ment in which more manufacturers render justice as we had promised. This ure out why hundreds of businesses are such as Nissan can make here 85 per- was done over two administrations and moving from California, taking tax cent of what they sell here. many Congressmen and Senators. So revenue and jobs with them to Texas Madam President, I ask unanimous this is a good day for America. I think and other States. They didn’t need to consent to have printed in the RECORD we need to take this time to maybe make the trip. It was pretty obvious the amendment and bill that I and Sen- think about how we can apply the prin- that the business environment that has ator GRAHAM and Senator DEMINT will ciples that work in America to our been created in California by the be introducing tomorrow and which we challenges back home with our econ- unions and the politicians has made it filed as an amendment today. omy and our jobs and our culture, be- very difficult for world-class companies

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.003 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2592 CONGRESSIONAL RECORD — SENATE May 3, 2011 to be competitive. What takes a few should have the freedom to locate their best in the world. We hope to build weeks in Texas could take 2 years as plants anywhere they want. This is in- great airplanes in South Carolina, but far as getting a permit to open a new timidation. Many of Boeing’s contracts the first thing I want to do is acknowl- business. are military contracts, and we know edge that my complaint or concern is This is a small look at what is hap- that is being held over their head. not with the people of Washington, not pening to our country, because we need This is not the way we should do with the workforce in Washington, it is to look at why so many companies are business in America. This is not the with the actions of the NLRB and this moving from our country to other way our government should operate. complaint filed by the machinists countries to do business. It is because We need to get back to those first prin- union. So I hope to be in partnership of decisions such as this and decisions ciples that made us great. Clearly, with my colleagues from the State of by this administration over the last what this administration is doing in Washington in the Senate and on the couple of years that have made Amer- this case and many others is way out- House side to pursue good policies that ica a place that is very difficult to do side the realm of what we should ex- not only will be good for Boeing but for business in. pect of a good and decent government, the country as a whole. I appreciate what the Senator from and we are not getting it here. South Carolina is going to enjoy the Tennessee is doing, because this is not With that, Madam President, I see status of being a teammate with the just about one employer or one State. the other Senator from South Carolina people of Washington when it comes to Twenty-two States are right-to-work is here, and I will yield the floor. trying to help Boeing and manufac- States. Twenty-two States have de- The ACTING PRESIDENT pro tem- turing in general. But what happened cided they are going to provide the pore. The Senator from South Caro- is that in October of 2009, Boeing de- freedom to their workers not to have lina. cided to create a second assembly plant to join a union. So much of this is po- Mr. GRAHAM. Madam President, I in South Carolina. This is a new assem- litical and retribution, not just against thank my colleague from South Caro- bly plant because the orders for the 787 Boeing for putting a site in a right-to- lina, who has been terrific in trying to were so large, it necessitated building a work State, but it is political retribu- bring reason to this issue. Senator second line. Boeing, under the contract tion. The administration, I believe, is DEMINT has been a very strong voice with the machinists union, reserved in acting like thugs that one might see in for free enterprise, and that is really that contract the right to locate new a Third World country, trying to bully what this is all about. business wherever they thought it and intimidate employers who are try- To Senator ALEXANDER from Ten- would be best for Boeing. They nego- ing to get out from under this cloud of nessee, thank you for listening to what tiated with the people in Seattle about union control. It is a political deal of is going on in South Carolina and un- producing the second line in Seattle, this administration trying to expand derstanding this is not just about our and they went all over the country unionization and union benefits be- State, it is about the Nation as a looking for other locations to create a cause the unions give the contributions whole. second line. to the Democratic Party and get out The Right to Work Protection Act is They came to South Carolina, and I the vote for the Democrats. a very solid piece of legislation that is can assure you, after a lot of negotia- This is crazy. In an environment going to serve the country as a whole. tions, the reason they chose South where this administration and all of us When a State chooses to be a right-to- Carolina was because it was the best here are saying we are trying to create work State, what does that mean? That business deal for Boeing. They nego- jobs, there is no question what they are means no one can be forced to join a tiated in Washington. They negotiated doing in South Carolina and around union. The union can ask for your vote. everywhere in the country, really, this country by trying to force union- If you say no, that is your decision to where they thought they could do good ization is hurting our business climate make, and if the group says yes, you do business, and South Carolina won out. in America, it is hurting employment, not have to join. In a lot of States, that And there is criticism back home that it is diminishing our future as a coun- is not true. If 51 percent of the work- the package we gave Boeing was too try, and it is all for political purposes. force or 60 percent of the workforce generous. So I can assure you this was It is amazing to see that the unions says: We are going to go union, every- a legitimate business deal, and the idea have such a control over this adminis- body else is drafted whether they want that moving to South Carolina some- tration, even in passing the stimulus to be or not. how was retaliation that violated the bill. With it went requirements that a So the concept of right to work is National Labor Relations Act section lot of the contractors who use this really at stake here, and I do appre- 883 is legally absurd. Under that act, a money had to follow union rules or be ciate this legislation because it would company cannot retaliate against a unionized. We saw in the health plan preserve the ability of the State to go group of employees or a location that that the unions were the big proponent down that road without suffering at decides to unionize. of it, but as soon as it passed, they are the Federal level. It would prohibit You would have to prove in a retalia- the ones asking for waivers so they Federal Government contracts, Federal tion complaint that the people suf- don’t have to live by it. Government action from punishing a fered. Well, in this case, not one person What this administration is doing to State that chose to adopt right-to- in Pugent Sound or in the State of one company is a threat to every com- work laws. That is why Senator ALEX- Washington lost their job. Because of pany, every employer, and every work- ANDER’s legislation is so important. We the additional business being generated er in this country. It goes back to their are not making anyone become a right- in South Carolina, 2,000 people have fear of freedom. The command-and- to-work State. We are saying: If you been hired in the State of Washington. control paranoia we see in this admin- choose to do that, your Federal Gov- Not one benefit was cut from the work- istration is antithetical to everything ernment in the NLRB and other orga- force in Washington. Nobody’s pay was we understand about freedom in our nizations of the Federal Government cut. Nobody’s benefits were reduced be- country—of individual responsibility cannot use that against you. We are cause they moved to South Carolina. and individual freedom—and free mar- protecting that status. I think that is So this complaint is just frivolous. It is kets and free enterprise. They are at- the balanced approach to this dilemma motivated by all the wrong reasons. tacking it on every front. we face. Let’s just for a moment assume that This decision by the National Labor Now, what is this dilemma? it is granted and this is the new busi- Relations Board cannot stand. We must Boeing is one of the great companies ness model. It would mean basically challenge it here in the Congress; em- in the world. They have a history of that if you decide to do work in a ployers need to challenge it; states are producing terrific airplanes. They have union plant, you are locked into that already challenging it, because it is been located in Washington for dec- location forever; you could never move. clearly outside of the authority of this ades. As a South Carolinian who is That is crazy. That is not what the law Federal Government to be threatening very happy Boeing has come to South is all about. The law prevents retalia- and bullying and trying to intimidate Carolina, I want to acknowledge the tion, and that is a specific concept in companies such as Boeing, which Washington workforce as one of the the law, and none of the factors that

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.004 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2593 would lead to that conclusion exist in South Carolina. After he voted—a year The ACTING PRESIDENT pro tem- this case. There is new work. No one and a half later—he was chosen to be pore. The Senator’s time has expired. lost a job. This is a new line of busi- the Chief of Staff of the President of The Senator from Ohio. ness. And we are arguing about the the United States. The Boeing CEO, f right of a company to be able to make Jim McNerney, was chosen by Presi- WORKERS MEMORIAL DAY a business decision when it comes to dent Obama to lead his Export Council new production. That is why this com- to create jobs for Americans by looking Mr. BROWN of Ohio. Madam Presi- plaint, if it ever gets to Federal court, at export opportunities. I would argue dent, I rise and will be joined in a few will fail. It is sad that Boeing may that President Obama would not have moments by Senator HARKIN, who is have to spend millions of dollars de- chosen Mr. McNerney if he thought he the chair of the Health, Education, fending itself against what I think is a led an effort to retaliate against Wash- Labor, and Pensions Committee; Sen- very frivolous complaint. ington unions. ator MURRAY, the chair of the Vet- But let me tell my colleagues a little All I can say is this complaint is friv- erans’ Committee; and Senator bit about this if they are wondering olous. It is taking time and money BLUMENTHAL, a new Member of the about it. Here is something I want to away from creating jobs in South Caro- Senate from Connecticut. Each of put on the table for you to consider. lina and Washington. And it has na- them, especially Senator HARKIN, has One of the members of the Boeing tional implications. To Senator ALEX- devoted their careers to worker rights, board at the time they chose to come ANDER, you have found the right way worker safety, decent benefits, pen- to South Carolina—after a lot of nego- for the Congress to address this issue. sions—in short, creating the middle tiations in different places, including We are not forcing anybody to be a class—and their efforts have been le- Washington and South Carolina—one member of a union. We are just saying, gion, all three of them, in doing that. of the board members who approved if a State such as South Carolina or I rise today to commemorate Work- the second assembly line in South Tennessee chooses to be a right-to- ers Memorial Day. Last Thursday, Carolina was Bill Daley, the Chief of work State, that cannot be held April 28, our Nation observed Workers Staff of the President of the United against them. This legislation would Memorial Day. It is an occasion for us States. At the time, he was not Chief of say to the country and the business to pause and remember those Ameri- Staff, he was a member of the Boeing community as a whole: When you look cans who have lost their lives while on board, and they voted unanimously to at where to locate, you can consider a the job. create a second assembly plant in the right-to-work State without violating I wear on my lapel a pin given to me State of South Carolina. I would argue the law. That is an important concept. at a Workers Memorial Day rally in that Mr. Daley, when he cast that vote, I can assure you, Boeing came to Lorain, OH, a city west of Cleveland on understood it was best for Boeing to South Carolina because it was the best Lake Erie—steel town, people like to make this decision to locate new busi- business deal. They had a lot of call us—and this lapel pin I wear is a ness, and he did not believe he was vio- choices. They chose South Carolina not picture of a canary in a birdcage. We lating the law or retaliating against to retaliate but to create a second line. know that mine workers 100 years ago unions. One thing you can say about And here is the logic of it: Would you took a canary down in the mines. If the the Daley family, it is not in their put everything you own in one location canary died from lack of oxygen or DNA to retaliate against unions. This in today’s world? So the idea that they toxic gas, the mine worker knew he was in 2009. expanded into the second plant in a dif- had to get out of the mine. He had to In March 2010, the machinists union ferent State, in a different location, depend on himself. He had no union filed its complaint with the NLRB. makes perfect sense. The fact that strong enough nor a government which Now, the general counsel, the person South Carolina is a low-cost right-to- cared enough to protect him in those holding that title a few weeks ago, sub- work State I am sure they considered. days. mitted the complaint to the board. But But under the law, no one in Wash- As we celebrate Workers Memorial the story is even more interesting. In ington lost one benefit they had. No Day, we look back at the progress we March of 2010, the complaint was filed one in Washington lost a job they al- have made as a country. by the machinists union. The vote to ready had with Boeing. The goal of this This year is the 100th anniversary of come to South Carolina was in October decision by Boeing is to grow their the Triangle Shirtwaist Factory fire in 2009. In January of 2011, Mr. Daley was company. If we do well in South Caro- New York. That tragedy claimed the chosen to be President Obama’s Chief lina, Boeing does well in Washington. lives of 146 workers—123 women and 23 of Staff—a decision I supported and This complaint is dangerous. This men—while they labored in sweatshop thought was a good decision for the ad- complaint is a dangerous road to go conditions in this textile plant in New ministration and the country as a down. This complaint is politics at its York City. They were mostly young whole because Mr. Daley is a Demo- worst. The law is designed to protect immigrants who came to this country crat, but he is a very well respected us, and it is being abused, in my view. in pursuit of a better life. Instead, they member of the business community, Politics is about 50 plus 1. The law is were killed because of the workplace, someone who has a lot of skill and tal- something that should protect us all. the incredibly unsafe conditions in ent, and the President chose wisely. I This complaint filed by the general that workplace. That tragedy marked a would assume that in the vetting proc- counsel at the NLRB sets a dangerous significant turning point in the strug- ess they looked at Mr. Daley’s record precedent, and the Congress should gle to advance worker rights and safety of involvement in business and other speak. The administration should in our country. The day after the fire, matters. I am assuming the vetting speak out and say this is frivolous; 15,000 shirtwaist workers walked off team knew the complaint had been they are an independent agency; no- the job demanding a 20-percent pay filed by the machinists union in March body can tell them what to do. But we raise and a 52-hour week—a 52-hour of 2010 and that Mr. Daley voted along have an independent duty to speak out week they were demanding. with the rest of the members of the in a constructive way. Nearly 20 years later, in 1930, Ohio board to come to South Carolina. And Senator ALEXANDER’s legislation is experienced its deadliest mining explo- they must have concluded that this the appropriate way to address this sion in our history, the Millified mine complaint was frivolous. I assume that issue, and I wish to thank him on be- disaster in Athens County. because if they did not know about the half of the people of South Carolina Methane gases were ignited by a complaint, that was one of the worst and the country as a whole, and I look short circuit between a trolley wire vetting jobs in the history of the world. forward to working with him to have and rail, killing more than 80 men. And if they thought he did engage in il- this passed. Four years later, in 1934, thousands legal activity, it made no sense to hire To my colleagues on the other side, of workers stood up to the Electric him. what is going on in this complaint is Auto-Lite company in Toledo, OH. So, to my colleagues, I want you to dangerous for us all and not just South Workers recognized they were under- consider the fact that Mr. Daley, the Carolina. paid and undervalued. They went on current Chief of Staff, voted to come to With that, I yield the floor. strike and clashed with members of the

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.005 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2594 CONGRESSIONAL RECORD — SENATE May 3, 2011 Ohio National Guard. The so-called ness. We should do more to protect as the Senator from Ohio knows, my ‘‘Battle of Toledo,’’ unfortunately, re- them while they do so. father was a coal miner for over 20 sulted in over 200 injuries. The strike Last month, I had a roundtable meet- years. A lot of people still don’t know brought together union brothers and ing with a group of workers in Colum- we had coal mines in Iowa. At one sisters across the city in solidarity, bus, near State House Square, in an time, back in those days, Iowa was the fighting for middle-class rights. Episcopal church. We were talking third largest coal-producing State in Similar strikes in Minneapolis and about worker rights. We had a police the Nation. He worked there a long San Francisco followed the one in To- officer, a firefighter, a nurse, a teacher, time ago, before there were safety laws ledo that year, generating a new mo- and several other workers there. These or anything. In fact, most of the time mentum across our country toward are public employees. But they have he worked there was before I was born. treating U.S. workers with respect and seen the same assault on their rights I can remember him, later on, telling dignity. Ultimately, we know what as we are seeing all too often in this stories about the mines and how many happened. President Roosevelt’s New body—an assault on union rights and people would be injured or killed—it Deal established critical rights and nonunion worker rights—far too many was sort of an accepted thing—every benefits for working Americans. It is times. day, week, or month. People would die why we have a 40-hour work week, why We must stop these blatant efforts to and cave-ins would happen. Of course, we have a minimum wage, and why we strip teachers, sanitation workers, po- almost everybody of his generation have collective bargaining rights. lice officers, firefighters, and others who worked in those coal mines even- Congress passed the National Labor from collectively bargaining for fair tually got miners’ cough, as they Relations Act, the Wagner Act, in 1935, pay and safety equipment. That has called it back then—miners’ lung or which guaranteed workers the right to been a right in this country for 75 black lung disease, as we know it now. form a union and bargain collectively. years, since the Wagner Act, the 1938 They all virtually had that later on in The Labor Standards Act passed in labor act. It has been a right for work- their lives. 1938, which established a minimum ers that has created a middle class, and I appreciate my friend from Ohio wage, guaranteed overtime pay in cer- it brought up the living standards not commemorating Workers Memorial tain jobs, established recordkeeping just for union workers who organize Day. More than 20 years ago, family mem- standards, and created child labor pro- and bargain collectively, but it brought bers of workers killed on the job joined tections. up the living standards for both white- with safety advocates to launch Work- We now have OSHA, which was cre- collar and blue-collar workers, man- ers Memorial Day—a day of remem- ated by the Occupational Safety and agement and labor, throughout our so- brance and advocacy. To honor the cre- Health Act of 1970, to ensure safe work- ciety. It has created a much more pros- ation of the Occupational Safety and ing conditions. It was signed by a Re- perous society. Health Administration—OSHA, as it is publican President. In those days, Re- The New York Times had an article called—April 28 was chosen as Workers publicans worked with Democrats to written last week by someone who said Memorial Day. This year, that day increase worker safety standards and that when we fail at war in a battle, we takes on special significance because it actually help workers join the middle don’t turn around and blame the sol- marks the 40th anniversary of the cre- class. diers; we give them better equipment ation of OSHA. When OSHA was established 41 years with which to do their job. So why, The passage of the Occupational ago, in 1970, an average of 38 workers when our public education system Safety and Health Act, which created died on the job in this country every sometimes fails, do we blame teachers? OSHA, was one of the monumental leg- day. We have cut that by two-thirds, Why don’t we give those teachers bet- islative achievements of the 20th cen- not just because of OSHA but certainly ter tools to do their jobs? Why don’t we tury. This landmark legislation re- in large part because of OSHA. Deaths do the same with firefighters, police of- flects the values that all Americans in the workplace continue but not with ficers, nurses, and others, instead of share, which is that workers should not the frequency of 100 years ago, or even blaming these workers and public em- have to risk their lives to earn their 50 years ago, prior to OSHA, but they ployees? livelihood, and that workers, employ- continue. In my State, the Governor signed leg- ers, and the government must all work Last week, another mine accident islation a month or so ago that together to keep people safe and claimed the life of an Ohioan. Jason stripped these public workers of their healthy on the job. Signed into law by Gudat was killed while working at an collective bargaining rights. I think in President Nixon, this bipartisan legis- underground limestone mine in eastern this society, with this kind of pressure lation has been a tremendous success, Ohio, in Salem. on the middle class, the last thing we saving the lives and the health of hun- This past year, I received a letter should do is strip anybody of their dreds of thousands of American work- from Crystal of Adams County, who rights that enable them to make a de- ers. lost her husband Terry in a construc- cent living, put food on their table, Here are the facts. Immediately prior tion accident. Terry was the father of have a decent pension, and have decent to the creation of OSHA in 1970, an av- five. He was killed at his construction health care—especially in retirement. erage of 14,000 workers died annually job last year due to a lack of safety It makes no sense to me, as we honor from occupational injuries. In 2009, de- lighting during his nighttime shift. workers and Workers Memorial Day, spite a workforce that is twice as large Crystal, his widow, explained that ‘‘the which was commemorated last week, as the workforce of 1970, 4,340 workers circumstances of his death were com- that we would ever move in the wrong were killed on the job. Before OSHA, pletely preventable if there had been direction when it comes to workers’ about 11 workers were killed for every better safety laws regarding his line of rights and building a more prosperous 100,000 people working. Now roughly 3.3 work. There was no lighting where my middle class. workers are killed per 100,000 people husband lost his life. . . . You never re- I yield the floor. working. Again, these figures are still alize how important these things are The ACTING PRESIDENT pro tem- too large. We can and must do better. until it happens to you.’’ pore. The Senator from Iowa is recog- We should also take a moment to re- In the case of garment workers, it nized. flect on how many tragedies have been was fire safety. In the case of mine Mr. HARKIN. Madam President, I prevented and lives saved because of workers, like Jason, it was unsafe con- join with my good friend, the Senator the Occupational Safety and Health ditions that are too often found in from Ohio, Senator BROWN, in com- Act. mines. In the case of Terry and other memorating Workers Memorial Day, I fear that this simple truth—that construction workers, it was basic safe- which actually was last week. Since we workplace safety has been a phe- ty lighting. weren’t in session then, we wanted to nomenal success—is being ignored in We ask our workers to build our take the time today to commemorate Washington these days. Nowadays roads, make our cars, produce our en- Workers Memorial Day. I am always some people would have us believe that ergy, and to serve as the backbone of greatly appreciative of my friend wear- workplace safety regulations are some- our Nation’s economic competitive- ing the canary pin on his lapel because, thing bad. They claim that OSHA

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.007 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2595 standards are ‘‘job killers.’’ But just ployers have real incentives to comply ing they can come home safely each because some special interest groups with safety and health laws. night. with highly paid lobbyists keep repeat- These and other changes in the law Once again, on April 28, we com- ing this absurd mantra, that doesn’t are desperately overdue, which is why I memorate Workers Memorial Day, and mean it is true. In fact, the opposite is have consistently sponsored and sup- we renew our commitment to making true. Smart safety regulations admin- ported the Protecting America’s Work- sure workers all across America have istered by active, unbiased regulators ers Act. This bill makes commonsense the protections of the Occupational improve and stabilize our economy. reforms to bring worker laws into the Safety and Health Act, that we provide They save workers’ lives, prevent cata- 21st century, with minimal burden on the funding for these agencies to make strophic accidents, reduce health care the vast majority of employers that sure the law is enforced, and to make costs, and ensure that industries are comply with the law. In this Congress, sure we reassure every working Amer- responsible for their actions instead of once again, I plan to do everything pos- ican that they have a right—they have dumping the cost of their mistakes on sible to fight for this important legis- a right—to a safe workplace. workers and taxpayers. lation. I yield the floor. I suggest the ab- In addition to the more than 4,000 In addition to these much-needed up- sence of a quorum. workers killed on the job every year, dates to the Occupational Safety and The ACTING PRESIDENT pro tem- which I mentioned, almost 50,000 Amer- Health Act, we also must recognize the pore. The clerk will call the roll. icans die every year from occupational key role that vigilant enforcement The legislative clerk proceeded to illnesses. Let me repeat that. Almost plays in keeping workers safe. Safety call the roll. 50,000 Americans die every year from laws don’t work unless there is a legiti- Mr. GRASSLEY. Madam President, I occupational illnesses. More than 4.1 mate expectation that they will actu- ask unanimous consent that the order million workers are injured every year. ally be enforced. In recent years, we for the quorum call be rescinded. The cost of these injuries and illnesses made real progress in ensuring ade- The ACTING PRESIDENT pro tem- is enormous. It is estimated at some- quate funding for our workplace safety pore. Without objection, it is so or- where between $160 billion to $318 bil- agencies. dered. lion a year for the direct and indirect For example, increases in funding for f costs of these injuries. Additional safe- the Mine Safety and Health Adminis- TAX BENEFITS AND BURDENS guards to prevent these injuries and ill- tration in recent years have enabled us nesses, along with strong enforcement to meet health inspections for 3 years Mr. GRASSLEY. Madam President, I of existing laws, would save thousands in a row. MSHA and the Department of have had the privilege over most of my of lives and thousands of injuries from Labor have funds to attack a backlog tenure in the Senate of serving on the happening and would save the tax- of appeals filed by mine operators. Finance Committee and working with payers billions of dollars. These appeals have helped some opera- a good Senate leader such as Senator To accomplish this, it is clear that tors avoid heightened enforcement ac- BAUCUS. I now have the privilege of our safety laws need to be updated. We tions. OSHA has received funds to re- serving on the committee but not as have learned much in the 40 years since store the number of inspectors that it ranking member or chairman, just as a the Occupational Safety and Health had over a decade ago. member. I compliment Senator BAUCUS Act was passed, and it is past time to However, we in the Senate have re- for his leadership on this whole busi- use this knowledge for meaningful re- cently had to fend off efforts to roll ness of tax reform and for holding the form. For example, we know that whis- back this progress. H.R. 1, the Repub- hearings he is holding. tleblowers are critical to bringing safe- lican fiscal year 2011 appropriations Today, a very important hearing is ty problems to light. But these whistle- bill, cut the Occupational Safety and being held on the question of is the dis- blowers won’t come forward unless the Health Administration by 18 percent— tribution of tax burdens and benefits law contains stronger protections 18 percent. This would have paralyzed equitable. The topic of today’s hear- against retaliation. Right now, we have the agency and allowed unscrupulous ing—whether the distribution of tax stronger protections for financial whis- employers to ignore worker safety and benefits and burdens is equitable—is tleblowers under the Sarbanes-Oxley health protections. very appropriate and is a very impor- law than we do for workers blowing the This bill would have allowed the tant topic. However, I would argue whistle and trying to save lives. Re- backlog of mine safety and health cita- there is a more important question we peating that, we have stronger whistle- tions to increase. It would have pre- should be debating, and we should be blower protections for financial whis- vented MSHA from moving forward on answering this question: What is the tleblowers under the existing Sarbanes- improvements it has initiated in mine purpose of the Federal income tax? We Oxley financial reform law than we do emergency response and other areas. can’t talk about whether taxpayers are for workers who are trying to save Thankfully, Senate Democrats and the paying their fair share if we don’t lives by blowing the whistle. That is President are standing firm and refus- know why we want them paying taxes not right. That should be corrected. ing to cut workplace safety funding to in the first place. We also know that while most re- finance tax breaks for millionaires and We are in a situation now where peo- sponsible companies make worker safe- billionaires. ple are talking about increasing taxes ty a top priority, there are some un- As we continue the budget debates, on higher income people because, sup- scrupulous employers who cut corners we should keep in mind the budget re- posedly, they can afford it. Probably on safety to save costs. Unfortunately, flects moral choices about the kind of they can afford it, but I get sick and as a past Health, Education, Labor and country and society we want to be. tired of the demagoguery that goes on Pensions Committee report dem- Personally, I am committed to uphold- in Washington not just by Members of onstrated, when the negligence of these ing the bipartisan values reflected in Congress but by too many people who companies results in workers being the passage of the Occupational Safety think higher income people ought to be killed on the job, these irresponsible and Health Act. All Americans have paying more taxes. According to the companies walk away with a slap on the right to a safe workplace. Joint Committee on Taxation’s latest the wrist. OSHA penalties are pitifully While we have made tremendous analysis, 49 percent of households are low. The average fine for a worker progress, as I pointed out, in the last 40 paying 100 percent of the taxes coming being killed on the job is $5,000. The av- years under OSHA, there is much more in to the Federal Government, while 51 erage fine for an irresponsible com- work to be done. Over 4,000 lives lost percent are not paying any income tax pany—and they have to be found as not each year is still unacceptably high. whatsoever. acting prudently and that they were We owe the 4,340 workers we lost just How high do taxes have to go to sat- skimping on safety regulations and not last year our best efforts to ensure that isfy the appetite of people in this Con- adhering to well-defined safety regula- such tragic losses are dramatically re- gress to spend money? In particular, tions. But when somebody gets killed, duced. We should not rest until all of how high do marginal tax rates have to the average fine is $5,000. What we need our fathers, mothers, brothers, sisters, go to satisfy those clamoring for high- is real penalties to ensure that all em- families can go to work each day know- er taxes from the wealthiest; how high

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.008 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2596 CONGRESSIONAL RECORD — SENATE May 3, 2011 to satisfy you? And you know who you to decide how to divide up the re- that 14-year period of time. So once are. sources of this country, we would not rich, not always rich. There is an article by Investors Busi- have the economic growth that we I welcome this data on this impor- ness Daily to which I want to refer. Ac- have had in our economy. With 137 mil- tant matter for one simple reason: It cording to this article—not talking lion taxpayers deciding how to spend or sheds light on what America is all about the taxation of a certain amount how to save, and how much of each, the about: vast opportunities and income of income—if the government con- economic growth of this country is en- mobility. Built by immigrants from all fiscated all the income of the people hanced tremendously because of the over the world, our country truly pro- earning $250,000 a year or more, that dynamics of the free-market system. If vides unique opportunities for every- money would fund the Federal Govern- we were going to go the greater route one. These opportunities include better ment today for a mere 140 days. Do you of increasing that 18 percent very dra- education, health care services, and fi- know what you would have? You matically, we would be moving increas- nancial security. But, most impor- wouldn’t have those people trying to ingly toward the Europeanizing of our tantly, our country provides people maximize their income because why economy, and I think that would be with the freedom to obtain the nec- would they maximize it if the govern- very bad. essary skills to climb the economic ment was going to confiscate it. In evaluating whether people are ladder and live better lives. So that is a very basic question: How paying their fair share, experts fre- We are a free nation. We are a mobile high do taxes have to go to satisfy the quently look at whether a proposal im- nation. We are a nation of hard-work- appetite of people in this Congress to proves the progressivity of our tax sys- ing, innovative, skilled, and resilient spend money? tem. Critics of lower tax rates continue people who like to take risks when nec- Funding the government should be to attempt to use distribution tables to essary in order to succeed. Bottom one of if not the primary goal of our in- show that tax relief proposals dis- line, we have an obligation as law- come tax laws. Of course, that leaves proportionately benefit the upper in- makers to incorporate these funda- out this whole business of whether the come. We keep hearing that the rich mental principles into our tax system Federal Government’s purpose is the are getting richer while the poor are instead of just asking: Are the rich purpose of redistributing income. getting poorer. This is not an intellec- paying enough? Note here that I am specifically fo- Madam President, I yield the floor. tually honest statement because it im- The ACTING PRESIDENT pro tem- cusing on the income tax. This is be- plies that those who are poor stay poor cause payroll taxes are not used to pore. The Senator from Texas. throughout their lifetimes, and those Mr. CORNYN. Madam President, I fund the government. Social Security who are rich stay rich throughout their ask unanimous consent to speak for up and Medicare taxes are, in fact, insur- lifetimes. And that is just not the case. to 20 minutes. ance programs. Because they are insur- To illustrate this point, I quote from The ACTING PRESIDENT pro tem- ance programs, the taxes they pay are a 2007 report from the Department of pore. Without objection, it is so or- insurance premiums because individ- the Treasury titled, ‘‘Income Mobility dered. uals who pay them expect to benefit in the U.S. from 1996 to 2005.’’ I quote f when they reach a certain age. the key findings: It is clear some believe the Tax Code There was considerable income mobility of NOMINATION OF JACK MCCONNELL should be used to reduce the growing individuals in the U.S. economy during 1996 Mr. CORNYN. Madam President, I income disparity between the lowest through 2005 period as over half of the tax- rise to speak on a nomination that is and highest income quintiles. This as- payers moved to a different income quintile pending before the Senate, and I do so sumes a key objective of the Federal over this period. with some degree of trepidation be- Government, through the Federal in- Roughly half of taxpayers who began in the bottom income quintile in 1996 moved up cause, as someone who has been a come tax laws, should be to ensure that to a higher income group by 2005. member of the legal profession for income is distributed equally through- Among those with the very highest in- about 30-plus years, I believe it is im- out our citizenry. In other words, these comes in 1996—the top 1/100 of 1 percent— perative that I voice my strong con- folks actually believe the Federal Gov- only 25 percent remained in this group in cerns and, indeed, my objections to the ernment is the best judge of how in- 2005. Moreover, the median real income of nomination of Jack McConnell to be- come should be spent. That is not what these taxpayers declined over this period. come a U.S. district judge prior to the our Founding Fathers or original au- The degree of mobility among income groups is unchanged from the prior decade. vote we will have tomorrow morning thors of the tax laws intended. on a cloture vote. In addition to considering the pur- The prior decade meaning the prior The reason I was attracted, like so pose of tax revenue, we ought to, in study by the Treasury Department many others, I think, to law school and fact, have some principles of taxation from 1987 through 1996. the legal profession was because of the by which we abide. These principles of Economic growth resulted in rising in- majesty of the notion of the rule of taxation would be a much stronger comes for most taxpayers for the period of law, its importance to our democracy, foundation than the day-to-day deci- 1996 to 2005. Median income of all taxpayers increased by 24 percent after adjusting for the responsibilities that lawyers owe sions about whether we ought to raise inflation. The real incomes of two-thirds of not just to themselves, to enrich them- taxes on a certain number of people. So all taxpayers increased over this period. In selves, but to their clients—the fidu- I abide by the principle that has been a addition, the median incomes of those ini- ciary duty that a lawyer has to rep- fact of our tax laws for 50 years—that tially in the lower income groups increased resent a client. Then, of course, the an average of 18.2 percent of the GDP more than the median incomes of those ini- ethical standards, which some might of this country is good enough for what tially in the higher income groups. scoff at but which actually work pretty the government needs to spend. Therefore, whoever is saying—and we well. They keep lawyers, for the most Now, I say that because with a 50- hear it every day on the floor of the part, accountable to the high ethical year average it hasn’t been harmful to Senate—that once rich, Americans standards imposed by the legal profes- the economy, as we have seen this stay rich; and once poor, they stay sion. country expand and expand and expand poor, is purely mistaken. The Internal Unfortunately, and I am sorry to economically over that period of time. Revenue Service data supports this have to say this, but the hard truth is Quite frankly, it ought to be clear analysis. A report on the 400 tax re- Mr. McConnell’s record—which I will that 18.2 percent of the GDP of this turns with the highest income reported describe in a moment—is one of not up- country coming in for us to spend is over 14 years shows that in any given holding the rule of law but perverting not a level of expenditures that tax- year, on average, about 40 percent of the rule of law, ignoring the respon- payers have revolted against. So we the returns were filed by taxpayers sibilities he had to his client, and ma- take in that 18.2 percent for 535 of us to who are not in any of the other 14 nipulating those ethical standards in decide how to spend, and the other 82 years. order to enrich himself and his law percent is in the pockets of the tax- In other words, 40 percent of those partners. payers to decide how to spend or to people who are in the highest brackets First, let me just say that Mr. save. If 535 Members of Congress were are not in the highest brackets ever in McConnell, when he came before the

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The who happens to be a Democrat said: In several lawsuits, Mr. McConnell fact is, he lied to the Senate Judiciary ‘‘Mr. McConnell’s lead paint litigation and his partners received contingent- Committee during his confirmation was a lawsuit in search of a legal the- fee contracts from State officials, to process: Regardless of who nominates ory.’’ whom they later contributed tens of an individual, party affiliation aside, I Mr. McConnell’s lead paint litigation thousands of dollars. I think there are don’t think the Senate, as an institu- scheme required the complicity, unfor- a lot of very important public policy tion, should tolerate a nominee who es- tunately, of State and local officials, a reasons why State officials should not sentially misrepresents the facts in the practice I will speak more on in just a be able to outsource their responsibil- context of a confirmation process. This moment. But Mr. McConnell’s reaction ities to private lawyers based on a con- involved his participation in or in- to the decision of the Rhode Island Su- tingency fee, where their only incen- volvement with a set of stolen con- preme Court also demonstrates his tive is one of a profit motive, fidential documents his law firm ob- lack of judicial temperament, some- untethered by the sorts of checks and tained in a lawsuit against the Sher- thing very important, particularly for balances that elected or other ap- man-Williams Company. a judge. It showed that not only does pointed government officials would or- In 2010, in his answers to written he still adamantly believe in these rad- dinarily have. questions to the committee, Mr. ical, unprecedented legal theories, re- Our system of justice relies on finan- McConnell told members of the com- jected by the highest court in Rhode Is- cially disinterested officials who take mittee: ‘‘I would not say I was familiar land, but he also lacks the tempera- an oath to uphold the law and not with the documents in any fashion.’’ ment to serve on the Federal bench. In- those whose sole motive is not to up- Only a few months later, in September stead of respecting the decision made hold the law but to twist it and manip- 2010, this same nominee gave a deposi- by the highest court in the State, Mr. ulate it in order to maximize their eco- tion in an Ohio court, where he testi- McConnell wrote a strident op-ed piece nomic gain. condemning the court and stating he fied he was the first attorney at his Some of these lawyers, including Mr. believed their decisions ‘‘let the wrong- firm to review the documents in ques- McConnell’s firm, have pocketed what doers off the hook.’’ In other words, tion, that he had drafted a newspaper amounts to hundreds of thousands of Mr. McConnell made clear he believes editorial citing information that had dollars per hour for their work in law- the law should be manipulated to serve come from those documents, and that suits against tobacco companies. Mr. his agenda, not to uphold the rule of portions of those documents were in- McConnell and lawyers like him are law, nor to respect the very bodies that corporated in a brief filed under his the big winners in these lawsuits, tak- are responsible under our system for signature. Despite this obvious con- ing home large sums of money that interpreting law and rendering judg- tradiction and given an opportunity to rightfully belong to the taxpayer, the ment. correct his misleading statement, Mr. client I mentioned at the outset. Imag- Mr. McConnell’s outburst was not McConnell has unequivocally stood by ine if these billions of dollars were particularly surprising, given his pub- his original statement to committee spent on cancer research or improving lic admission previously that he is ‘‘an members. public health, instead of lining the I reiterate, this body should not ap- emotional personal about injustice at pockets of a few politically well-con- prove or confirm, for a lifetime ap- any level, personal, societal, or glob- nected lawyers. More important, how- pointment, someone who wants to al,’’ as he put it. This lack of tempera- ever, the outsourcing of suits to pri- serve as a judge, in particular, but any- ment and novel view of the law is in- vate trial lawyers on a contingent-fee one who would lie to or, at best, inten- dicative of the type of judge Jack basis creates both the opportunity and tionally mislead the Senate by McConnell would be, I am sorry to say: appearance for corruption by allowing downplaying his role in a serious con- biased against a certain class of people State officials to reward their friends troversy involving, in this case, stolen and untethered to the rule of law. and campaign contributors. confidential documents. Mr. McConnell’s practices also ex- During the time I practiced law and isted under an ethical cloud through- One reason I have taken such a served on the State court bench in my out his career. He and his law firm strong personal interest in this issue is State of Texas, I have come to respect made billions of dollars and a name for because of my service as attorney gen- lawyers who handle all sorts of cases— themselves through their pioneering eral of Texas, following that of Dan lawyers who prosecute criminal cases, practice of soliciting no-bid, contin- Morales, my predecessor. Mr. Morales lawyers who defend criminal cases, gent-fee contracts from State officials. served over 3 years in the Federal peni- lawyers who defend citizens, including For example, Mr. McConnell and his tentiary for attempting to illegally companies, sued for money damages, firm played a central role in litigating channel millions of dollars in a tobacco and those who bring those lawsuits— lawsuits brought by State attorneys settlement, money that was due to the constrained, again, by the rule of law, general, first against tobacco compa- State of Texas, but he steered it to a duty to the client, and high ethical nies and then lead-based paint manu- lawyer friend of his by trying to back- standards. But based on his long career facturers. Of course, I am not saying date a contract, to make it appear to as a lawyer, Mr. McConnell has advo- tobacco companies and other compa- be something it was not. The actions of cated—it is clear from the evidence—a nies should not be held accountable for Mr. McConnell and his partners, by results-oriented view of the law and harmful products, but the purpose of funneling tens of thousands of dollars manipulated it for his personal gain. the law should be to compensate those into campaign accounts of State offi- These theories he has advanced, osten- people who have been aggrieved and to cials who hired them, raise concerns sibly on behalf of his client, have been deter others from acting in the same about pay-to-play dealings. rejected, not just by people like me but fashion in the future. The litigation he In the State of Washington, for ex- by a very broad range of people in the constructed and devised, the scheme he ample, Mr. McConnell and members of legal community. literally created, did none of that. The his small South Carolina-based law For example, Mr. McConnell and his question is, ultimately, where did the firm contributed $23,200 to the reelec- firm sued paint manufacturers based money go? tion of the attorney general in the on an unprecedented theory of public Under these contracts, Mr. McCon- State of Washington. By the way, that nuisance that allowed them to cir- nell and his partners have repeatedly was the very same lawyer who hired cumvent longstanding legal doctrine sued American businesses, pocketing them on a contingency basis to rep- and receive a huge jury award in a billions of dollars for themselves in at- resent the State. sympathetic judge’s courtroom. torney’s fees, while leaving taxpayers In North Dakota, Mr. McConnell and Ultimately, the Rhode Island Su- on the hook for the resulting costs. In his wife contributed $30,000 to the gu- preme Court rejected unanimously this the word of one respected legal com- bernatorial campaign of the attorney theory, declaring it ‘‘at odds with cen- mentator, Mr. McConnell and lawyers general who appointed him as special

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.016 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2598 CONGRESSIONAL RECORD — SENATE May 3, 2011 assistant attorney general, for pur- Similarly, Mr. McConnell has said such a low rating speaks poorly of his legal poses of representing that State in to- that based upon his experience he has abilities. It is likely that he generated nega- bacco litigation. Mr. McConnell and his ‘‘absolutely no confidence’’ that cer- tive comments from judges before whom he law firm contributed an additional tain industries will ever do the right appeared and/or from lawyers who know him. $73,000 to that same attorney general’s thing and that they will only do the Mr. McConnell’s ABA rating should come State political party during the cam- right thing ‘‘when they’re sued and as no surprise given his past statements, which raise serious questions about whether paign cycle, making them the No. 4 forced to by a jury.’’ he will follow precedent and the rule of law. campaign contributor to that organiza- Given his tendency to view lawsuits For example, in 1999, Mr. McConnell was tion. against businesses as a movement hired on a contingency fee basis by the State There is nothing wrong with people against societal injustice, it is difficult of Rhode Island to sue paint companies contributing money to political can- to see how Mr. McConnell could put under theories of liability that exceeded the didates or parties or causes they be- those personal views aside and give all bounds of well-settled law. After nine years lieve in. But it is another matter when litigants in his courtroom a fair trial, of protracted litigation, and after millions of these contributions are made in con- a right which they are guaranteed dollars spent by defendants, the Rhode Is- land Supreme Court unanimously (4–0) re- nection with no-bid contracts or appar- under our Constitution and laws. I be- ent political favors. It is no small mat- jected Mr. McConnell’s misguided interpreta- lieve a vote to support Mr. McConnell’s tion of public nuisance law. Mr. McConnell ter that Mr. McConnell has a lucrative, nomination is a vote to create yet an- demonstrated little respect for the Supreme ongoing financial arrangement as a other court where trial lawyers will re- Court’s ruling and publicly attacked the de- product of his previous work as a trial peatedly prevail in frivolous litigation cision in an op-ed that he penned for The lawyer. In fact, he will receive $2.5 to against American businesses. That is Providence Journal, claiming that the jus- $3.1 million a year through 2024 as part something we ought not allow. tices ‘‘got [the decision] terribly wrong’’ by of his payout for his work in the to- Mr. McConnell’s behavior during his letting ‘‘wrongdoers off the hook.’’ bacco litigation I mentioned a moment career and confirmation procession Mr. McConnell’s public criticism of the ago—$2.5 to $3.1 million a year through demonstrates a lack of ethics and tem- Rhode Island Supreme Court’s lead paint rul- 2024. For anyone who would praise Mr. ing should also give the Committee pause be- perament necessary to serve as a Fed- cause it casts light on a judicial philosophy McConnell for giving up a successful eral judge. I hope a President would legal career in order to serve as a Fed- that appears to be outcome-driven rather never appoint someone such as Jack than based on interpreting and applying the eral judge, remember he would be reap- McConnell, but apparently everyone law. Indeed, Mr. McConnell has publicly af- ing huge windfalls at the expense of makes mistakes, including this nomi- firmed his support for ‘‘an active govern- taxpayers long into his tenure as a nation by this President. Instead of ment’’ that should not ‘‘stand on the side- Federal judge. stubbornly digging in his heels, usually lines’’ and that ‘‘[he] see[s] the law’’ as a Some Senators will say that what- the President has agreed to withdraw mechanism to redress ‘‘wrongs that need to be righted.’’ Considering these statements ever his past, Mr. McConnell deserves nominees whose confirmation process the benefit of the doubt and that he together, a picture of a judicial nominee who produces extraordinary controversy, will legislate from the bench begins to would be an impartial judge if con- but since he has failed to do so here, firmed by the Senate to this lifetime emerge. the President has forced me and others appointment. I cannot agree and nei- The Chamber is equally concerned that Mr. to stand our ground and to fight Mr. ther does, by the way, the U.S. Cham- McConnell lacks the capacity to be an im- McConnell’s appointment to the Fed- ber of Commerce. They have taken an partial jurist, especially against business de- eral bench. fendants who may appear before him. Mr. unprecedented step of opposing this Based on his deeply troubling ethical McConnell has defined his career by suing nomination. business defendants. As his own Committee I ask unanimous consent that letter record and poor judicial temperament and the fact he intentionally misled, if questionnaire indicates, of the top ten cases be printed in the RECORD following my he views as the ‘‘most significant’’ litiga- remarks. not lied to, the Judiciary Committee tions of his legal career, all but two involve The PRESIDING OFFICER (Mr. during his confirmation process, I be- actions against businesses, and none in- TESTER). Without objection, it is so or- lieve we must fight this nomination volved him representing or defending a busi- dered. with every tool at our disposal. ness. Worse still, when asked by the Colum- (See exhibit 1.) I yield the floor. bus Post Dispatch in 2006 about the possi- Mr. CORNYN. The Chamber has EXHIBIT 1 bility of future lead paint litigation, he said that, based on history, he had ‘‘absolutely no taken this unprecedented step of oppos- CHAMBER OF COMMERCE OF THE confidence’’ that defendant paint companies ing his nomination and declaring him UNITED STATES OF AMERICA, would do the right thing. He added ‘‘[t]he Washington, DC, March 30, 2011. ‘‘unfit to serve.’’ In fact, this is the only time is when they’re sued and forced to Hon. PATRICK LEAHY, first time in its 99-year history they by a jury.’’ How could a business hope to re- Chairman, Committee on the Judiciary, have opposed a district court nominee. ceive an impartial hearing in Mr. McCon- U.S. Senate, Washington, DC. My colleagues have asked me wheth- nell’s courtroom when these statements Hon. CHARLES GRASSLEY, er I believe that Texas businesses and show that the deck is already stacked so Ranking Member, Committee on the Judiciary, heavily against them? businesspeople would get a fair shake U.S. Senate, Washington, DC. in Jack McConnell’s courtroom, and I DEAR CHAIRMAN LEAHY AND RANKING MEM- Moreover, Mr. McConnell’s ability to absolutely do not believe they could. BER GRASSLEY: The U.S. Chamber of Com- render fair and impartial rulings from the To my colleagues who may doubt merce, the world’s largest business federa- bench should be seriously questioned in light what I am saying or look for some tion representing the interests of more than of the potentially significant financial wind- proof, I would just say: Read the three million businesses and organizations of falls that he stands to recover for the next 15 record. I am convinced you would have every size, sector, and region, strongly op- years. According to Mr. McConnell’s ques- tionnaire, he is scheduled to receive millions trouble looking your constituents in poses the nomination of John ‘‘Jack’’ McConnell to serve on the United States Dis- of dollars annually through 2024 from an or- the eye and telling them you believe ganization closely tied with his current em- Mr. McConnell would be fair to all liti- trict Court for the District of Rhode Island. Mr. McConnell’s past statements, conduct ployer, the Motley Rice plaintiffs’ firm. This gants in his courtroom and, in this as a personal injury plaintiffs’ lawyer, and has all the appearance of a conflict of inter- case, especially businesses that may be lackluster ABA rating raise serious concerns est and it is difficult to see how Mr. McCon- sued for money damages, as he did about his fitness to be confirmed to a life- nell could render impartial judgments in throughout his legal career. In fact, time appointment to the federal bench. Al- matters involving plaintiffs’ law firms while Mr. McConnell, during the Judiciary though the Chamber has historically stayed simultaneously receiving millions of dollars Committee deliberations, described his away from debates surrounding federal dis- in compensation from another plaintiffs’ firm. legal philosophy by saying: ‘‘There are trict court nominees, we believe that a re- wrongs that need to be righted and sponse is warranted in this circumstance Ultimately, we are concerned that Mr. Mc- given Mr. McConnell’s record. Connell’s apparent bias against business de- that is how I see the law.’’ That doesn’t Our opposition begins with Mr. McCon- fendants, underlying judicial philosophy, and cite any applicable legal standard. It nell’s mediocre ‘‘substantial majority quali- questionable respect for the rule of law, will doesn’t actually take into account law fied, minority unqualified’’ rating from the lead to the multiplication of baseless law- as we know it, just wrongs he believes American Bar Association. For a practicing suits in his courtroom with untold con- need to be righted. lawyer with 25 years of experience to obtain sequences to businesses large and small

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.018 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2599 across the country. Given the limited num- Senate’s Executive Calendar for many only five have been reported by party- ber of judges who currently serve in the Dis- months stalled by Republican objection line votes. Only five total in the last 65 trict of Rhode Island, it is not hard to imag- to proceeding to debate and vote. years. Four of these five party-line ine a generation of enterprising personal in- Just a few years ago, Republican votes have been against President jury lawyers flocking to a new ‘‘magnet ju- Obama’s highly qualified district court risdiction’’ at the federal level with a chance Senators argued that filibusters of ju- to draw such a plaintiff-lawyer friendly dicial nominees were unconstitutional, nominees. Indeed, only 19 of those 2,100 judge. State courts like those in Madison and that every nominee was entitled to district court nominees were reported County, Illinois have amply demonstrated an up-or-down vote. They unsuccess- by any kind of split rollcall vote at all, the problems that can arise from courts that fully filibustered President Obama’s and five of those, more than a quarter, accept plaintiffs’ claims no matter their first judicial nominee, and have stalled have been President Obama’s nomi- merits. Finally, as most litigators under- many others. Cloture is now being re- nees, including Mr. McConnell. stand, federal judges exercise virtually quired to overcome another in a series Democrats never applied this stand- unreviewable discretionary authority in ard to President Bush’s district court many circumstances, and the chance of the of Republican filibusters in order to vote up or down on a judicial nominee nominees, whether in the majority or appellate courts correcting every misstep is the minority. And certainly, there unrealistic. As such, the Chamber must urge at a time when extensive, and ex- the Committee to resist the confirmation of tended, judicial vacancies are creating were nominees to the district court put a lawyer with an animus against one type of a crisis for the Federal justice system forth by that administration that were defendant. and all Americans. considered ideologues. All told, in 8 As Mr. McConnell has not demonstrated With these filibusters, the Senate’s years, the Judiciary Committee re- that he would provide the kind of fair and Republican leadership seems deter- ported only a single Bush district court impartial judicial temperament needed to be mined to set a new standard for ob- nomination by a party line vote. Some- a federal judge, as well as his demonstrated struction of judicial nominations. I how President Obama is being treated bias against a clear class of litigants, the differently than any President, Demo- Chamber urges you to oppose this nomina- cannot recall a single instance in which a President’s judicial nomina- cratic or Republican, before him. tion. Should Mr. McConnell’s nomination be That was the controversial nomina- considered on the Senate floor, the Chamber tion to a Federal trial court, a Federal tion of Leon Holmes, which Senators may consider votes on, or in relation to, his district court, was blocked by a fili- opposed because of the nominee’s stri- nomination in our annual How They Voted buster. dent, intemperate, and insensitive pub- scorecard. When I came to the Senate, the lic statements over the years. Judge Sincerely, President of the United States was R. BRUCE JOSTEN. Holmes argued that ‘‘concern for rape Gerald Ford, whose statue we just un- victims is a red herring because con- Mr. CORNYN. I suggest the absence veiled in the Rotunda. We did not fili- ceptions from rape occur with the same of a quorum. buster any of his Federal district court frequency as snow in Miami,’’ and The PRESIDING OFFICER. The nominees. We did not filibuster any of called concerns about pregnant rape clerk will call the roll. President Jimmy Carter’s district victims ‘‘trivialities.’’ He suggested The assistant legislative clerk pro- court nominees. We did not filibuster that it was correct to say that slavery ceeded to call the roll. any of President George H. W. Bush’s Mr. LEAHY. Mr. President, I ask was just God’s way of teaching White district court nominees. people the value of servitude. He wrote unanimous consent that the order for We did not filibuster on the floor any that he did not believe the Constitu- the quorum call be rescinded. of President Clinton’s or any of Presi- tion ‘‘is made for people of fundamen- The PRESIDING OFFICER. Without dent George W. Bush’s nominees. tally differing views.’’ We opposed objection, it is so ordered. Somehow the rules have changed for Judge Holmes nomination, strongly, Mr. LEAHY. Mr. President, last President Obama. but we did not block it from consider- night, Majority Leader REID was forced This is troubling as chairman of the ation by the Senate. He was not filibus- to file another cloture petition on a Judiciary Committee, but also trou- tered. His nomination was confirmed Federal judicial nominee, the fifth re- bling to the Federal judiciary nation- quired to be filed during President without the need for a cloture vote. wide. So I did a little research. Look- With judicial vacancies at crisis lev- Obama’s term. Among the highly quali- ing back over the last six decades, I els, affecting the ability of courts to fied nominees being stalled is Jack found only three district court nomina- provide justice to Americans around McConnell, who is nominated to a va- tions—three in over 60 years—on which the country, we should be debating and cancy on the United States District cloture was even filed. For two of voting on each of the 13 judicial nomi- Court for the District of Rhode Island. those, the cloture petitions were with- nations reported favorably by the Judi- I am concerned that we have to file drawn after procedural issues were re- ciary Committee and pending on the cloture on nominations that should solved. For a single one, the Senate Senate’s Executive Calendar. No one simply have an up-or-down vote. I hope voted on cloture and it was invoked. should be playing partisan games and we are not returning to the situation All three of those nominations were obstructing while vacancies remain we had during the Clinton administra- confirmed. I trust that the nomination above 90 in the Federal courts around tion when my friends on the Repub- of Jack McConnell will also be con- the country. With one out of every nine lican side of the aisle pocket filibus- firmed. Federal judgeships still vacant, and ju- tered 61 of his nominees. From the start of President Obama’s dicial vacancies around the country at We tried to change that in the 17 term, Republican Senators have ap- 93, there is serious work to be done. months I was chairman during the first plied a heightened and unfair standard Regrettably, Senate Republicans 2 years of President Bush’s first term to President Obama’s district court seem intent on continuing with the when I moved 100 of President Bush’s nominees. Senate Republicans have practices they began when President nominees through the Senate. In the chosen to depart dramatically from the Obama first took office, engaging in remaining 21⁄2 years, the Republicans long tradition of deference on district narrow, partisan attacks on his judi- were in charge, and the Senate con- court nominees to the home State Sen- cial nominations. firmed another 105. We tried to change ators who know the needs of their These unfair attacks started with what had been an unfortunate proce- States best. Instead, an unprecedented President Obama’s very first judicial dure. I hope we are not going back to number of President Obama’s highly nomination, David Hamilton of Indi- that. qualified district court nominees have ana, a 15-year veteran of the Federal Jack McConnell has the strong sup- been targeted for opposition and ob- bench. President Obama nominated port of his home State Senators, bipar- struction. Judge Hamilton in March 2009, after tisan support from those in his home That approach is a serious break consultation with the most senior and State, and his nomination has been re- from the Senate’s practice of advice longest-serving Republican in the Sen- ported favorably by a bipartisan major- and consent. Since 1945, the Judiciary ate, Senator DICK LUGAR of Indiana, ity of the Judiciary Committee mul- Committee has reported more than who then strongly supported the nomi- tiple times. This nomination is one of 2,100 district court nominees to the nation. Rather than welcome the nomi- many that have been stranded on the Senate. Out of these 2,100 nominees, nation as an attempt by President

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.002 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2600 CONGRESSIONAL RECORD — SENATE May 3, 2011 Obama to step away from the ideolog- Virginia. She was ultimately con- matic break from the Senate’s tradi- ical battles of the past, Senate Repub- firmed 99–0 as the first woman from tion by filibustering this district court licans ignored Senator LUGAR’s sup- Virginia to serve on the Fourth Cir- nomination. port, caricaturing Judge Hamilton’s cuit. Senate Republicans filibustered Jack McConnell is an outstanding record and filibustering his nomina- the nomination of Judge Thomas lawyer. President Obama has nomi- tion. The Senate was not able to have Vanaskie, whose 16 years of experience nated him three times to serve as a an up-or-down vote on his nomination as a Federal district court judge in Federal district court judge in Rhode until we overcame a Republican fili- Pennsylvania are now being used in Island. With more than 25 years of ex- buster 8 months after he was nomi- service to the Third Circuit Court of perience as a lawyer in private prac- nated. After rejecting the filibuster Appeals, after his overwhelming con- tice, Mr. McConnell has the strong sup- with an overwhelming vote of 70 to 29, firmation. Senate Republicans filibus- port of both Rhode Island Senators, Judge Hamilton was confirmed. tered Judge Denny Chin of the Second Senator REED and Senator Republican Senators who just a few Circuit, another nominee with 16 years WHITEHOUSE. He has been reported by a years ago protested that such filibus- of experience as a Federal district bipartisan majority of the Judiciary ters were unconstitutional, Republican court judge. He is now the only active Committee three times. Senators who joined in a bipartisan Asian Pacific American judge to serve Individuals and organizations from memorandum of understanding to head on a Federal appellate court, after across the political spectrum in that off the ‘‘nuclear option’’ and agreed being confirmed unanimously. State have called for Mr. McConnell’s that nominees should only be filibus- In addition, the Republicans’ across- confirmation. The Providence Journal tered under ‘‘extraordinary cir- the-board practice of refusing consent endorsed his nomination by saying cumstances,’’ abandoned all that they and delaying consideration of even in his legal work and community leader- said they stood for and joined together nominations with unanimous support ship [he] has shown that he has the legal in- in an attempt to prevent an up-or-down has led to a steady backlog of pending telligence, character, compassion, and inde- vote on President Obama’s very first nominations. The refusal of Repub- pendence to be a distinguished jurist. judicial nominee. licans to give consent to consideration Leading Republican figures in Rhode In other words, the standard they meant that 19 judicial nominations Island have endorsed his nomination. said should be applied to every single were stranded on the Senate’s Execu- They include First Circuit Court of Ap- President in the history of this country tive Calendar at the end of last Con- peals Judge Bruce Selya; Warick suddenly was changed when this Presi- gress. There are 13 judicial nomina- Mayor Scott Avedisian; Rhode Island dent came in. They chose to ignore tions now on the calendar that Demo- Chief Justice Joseph Weisberger; their own standards outlined in a letter crats are prepared to consider. former Rhode Island Attorney General sent to President Obama not long after Each of these nominations should be Jeffrey Pine; former Director of the he took office, and before he had made considered without unnecessary delay. Rhode Island Department of Business, a single judicial nomination, in which If we do that, we can reduce the judi- Barry Hittner; former Rhode Island Re- Senate Republicans threatened to fili- cial vacancies to 80 for the first time publican Party Vice-Chair John M. buster any nomination made without since July 2009. Yet we are forced to Harpootian; and Third Circuit Court of consultation. Of course, President overcome filibusters even to have a de- Appeals Judge Michael Fisher. Obama did consult with the senior- bate and vote on district court nomina- Some oppose him because he success- most Republican Senator on a nomina- tions. fully represented plaintiffs, including tion to fill a vacancy in his home These filibusters stand in stark con- the State of Rhode Island itself, in law- State, but still they filibustered. In trast to the views of Republican Sen- suits against lead paint manufacturers. fact, he has consistently consulted ators about the role of the Senate in Some here in the Senate may support with home State Senators, both Repub- considering judicial nominees when the the lead paint industry. That is their licans and Democrats. It makes you President was from their own party. In right. I support those who want to go wonder what it is about President 2005, when the Republican majority after the people who poison children. Obama which makes Republicans want threatened to blow up the Senate to That is what Mr. McConnell did. But to change the rules for him, rules that ensure up-or-down votes for each of nobody should oppose Mr. McConnell existed for every President prior to President Bush’s judicial nominations, for doing what lawyers do and vigor- him. Senator MCCONNELL, then the Repub- ously representing his clients in those Since the filibuster of Judge Ham- lican whip, said: lawsuits. The Senate has finally begun to de- ilton, Senate Republicans have re- Any President’s judicial nominees should quired the majority leader to file clo- receive careful consideration. But after that bate this nomination, and some have ture on three more highly qualified cir- debate, they deserve a simple up-or-down wasted no time in coming to the Floor cuit court nominees. This is a far cry vote. . . . It’s time to move away from advise and distorting, I believe, Mr. McCon- from Republican insistence that every and obstruct and get back to advise and con- nell’s testimony before the committee. nominee is required by the Constitu- sent. The stakes are high . . . . The Constitu- I disagree with Senator CORNYN’s char- tion to have an up-or-down vote, or tion of the United States is at stake. acterization of Mr. McConnell’s testi- even from the ‘‘extraordinary cir- Other Republican Senators made mony. As chairman, I take seriously cumstances’’ Republican Senators now similar statements back then. Many the obligation of nominees appearing claim to be the basis for a filibuster. declared that they would never support before the Judiciary Committee to be The PRESIDING OFFICER. The Sen- the filibuster of a judicial nomination. truthful. I would be the first Senator ator has used his 10 minutes. Others subscribed to the standard that to raise an issue if there were any le- Mr. LEAHY. Mr. President, I ask the so-called gang of 14 formulated gitimate question as to the accuracy of unanimous consent for 5 minutes more. that they would only filibuster in ‘‘ex- Mr. McConnell’s testimony. But there I know there are other Senators wait- traordinary circumstances.’’ The only is not. ing to speak. extraordinary circumstance in this The accusation stems from Mr. Mc- The PRESIDING OFFICER. Without case is the judicial vacancies crisis Connell’s recent testimony as a witness objection, it is so ordered. that has prompted the President, the deposed in a lawsuit brought by one of Mr. LEAHY. No Senator could claim Chief Justice, the Attorney General, the paint companies engaged in litiga- the circumstances surrounding the fili- bar associations and many others to tion with Mr. McConnell’s client. That busters of President Obama’s circuit call for prompt consideration and con- lawsuit alleges that Motley Rice, the court nominations to be extraordinary. firmation of judicial nominees. law firm where Mr. McConnell is em- Republicans filibustered the nomina- Yet rather than applying consistent ployed, improperly obtained a 34-page tion of Judge Barbara Keenan, a nomi- standards and debating and voting on confidential company document from nee with nearly 30 years of judicial ex- judicial nominations favorably re- one of the lead paint companies. Mr. perience, and who had the distinction ported by the Judiciary Committee, we McConnell is not a party to the law- of being the first woman to hold a see Republican Senators adopting a suit, but was deposed last September number of important judicial roles in double standard and engaging in a dra- only as a witness. His answers at his

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.020 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2601 deposition concerning his knowledge of I remember talking with some of my better, let’s do that. But there is a lot the confidential document were the compadres who were going through in the legislation that enables us to get same as his responses to written ques- training with us, saying: We would not better health care results for less tions from Senator KYL following his want to mess with those guys—and for money. We need to do more of what hearing nearly a year ago, and the good reason. works. same as his responses to Senator LEE They have made us proud. They have There is a lot of uncertainty with re- in written questions this February. At taken on an incredibly difficult task spect to transportation policy, on the no time has there been a suggestion of and I think handled themselves splen- series of extensions of the transpor- wrongdoing by Mr. McConnell in this didly, and I want to start off today say- tation programs for this country. lawsuit. ing how proud we are of them. The way it works, if you will, Mr. Far from establishing that Mr. f President: Looking at my podium here, McConnell was untruthful with the we will say right here is the transpor- JOB CREATION committee, the deposition transcript tation trust fund, and right here in the obtained by the Committee after it was Mr. CARPER. I am not quite as middle is the general fund for our coun- unsealed by the Court only further proud, however, when it comes to one try, our Treasury, and over here on the validates Mr. McConnell’s account of of our responsibilities; that is, the re- other side is sources of capital from the his knowledge of this document. To be- sponsibility to provide and nurture a rest of the world. We do not have lieve that Mr. McConnell was untruth- climate for job creation and job preser- enough money in our transportation ful with the committee, some Senators vation. I talk a lot with small business trust fund over here to build transpor- would have to disbelieve not just his folks, and I talk in my work with peo- tation projects. We end up borrowing answers to written questions from ple who run pretty big businesses. One from the general fund right here, mov- committee members, but also Mr. Mc- of the things I have heard again and ing funds over to the transportation Connell’s sworn testimony as a witness again—not just this year but last year trust fund. Unfortunately, we do not being deposed in a lawsuit. Some Sen- and the year before—large businesses have enough money in the trust fund to ators may feel strongly that Mr. are making a fair amount of money run the general government, so we go McConnell and his firm were wrong to these days and a lot of them are sitting overseas and borrow money from ev- sue lead paint companies, but there is on a pile of cash. When you ask them, erybody we can to replenish the gen- simply no basis believing that Mr. why are you sitting on a pile of cash eral fund, in order to put money in the McConnell was untruthful with the and not hiring people, what we hear transportation trust fund. It is crazy, committee. I reject those conclusions. from a lot of them—particularly large and it is one of the reasons why we These Republican filibusters of dis- businesses—is businesses like certainty have a big budget deficit. We have un- trict court nominations are unprece- and predictability. In too many areas— certainty. The transportation system dented. The consequences for the areas we actually have something to do in this country has been awarded a American people and their access to with—there is not the kind of predict- grade ‘‘D’’ as in ‘‘dealt,’’ actually a justice in our Federal courts are real. I ability and certainty those businesses grade ‘‘D’’ as in ‘‘decaying’’ because urge the Senate to reject these efforts need. that is what is going on in our trans- and reject this filibuster. For example, are we going to get se- portation system. I think things worth Mr. President, I appreciate the cour- rious about reducing our deficit? I hope having are worth paying for. We need tesy of my colleagues in giving me the so. I think the Deficit Commission, led to get on with it. That is a source of extra time, the distinguished senior by Erskine Bowles and Alan Simpson, uncertainty. Senator from Delaware and the distin- gives us a pretty good roadmap to take The last one is energy policy. As we guished Senator from Connecticut. $4 trillion out of the deficit over the see runups in energy prices—the price I yield the floor. next 10 years. I hope in the end we will of fuel at the pump—people are won- The PRESIDING OFFICER. The Sen- use that as a roadmap, not to use it dering, What are we going to do about ator from Delaware. with precision but to use it as a road- it? Part of what we tried to do is say, Mr. CARPER. Mr. President, I am al- map. But that is a big uncertainty. we want more energy efficient cars, ways happy to yield a little more time The Tax Code. What about our Tax trucks, and vans to be built in this to the chairman of the Judiciary Com- Code? We are running sort of a 2-year country. We changed the CAFE legisla- mittee. extension of the previous Tax Code, but tion to raise the fuel efficiency stand- f that will end at the end of next year. ards for cars, trucks, and vans. So now, What are we going to do about it? by 2016, the overall average has to be 36 COMMENDING THE NAVY SEALS There is a lot of uncertainty there. miles per gallon—a huge increase from Mr. CARPER. Mr. President, I want We have worked long and hard to try where it has been since 1975. to start off today—I did not plan on to pass health care legislation that is That is being ramped up, and that saying this; I am here to talk about designed not just to extend coverage to will help. But beyond that, we do not small businesses and how to incentivize people who do not have it but also de- have, really, the kind of energy policy job creation and job preservation—but signed to get us to better health care we need. That is another uncertainty. before I do that, I want to take a mo- outcomes, to achieve better health care So those are five reasons why large ment of personal privilege to talk outcomes for less money, or at least businesses, especially, sit on a pile of about the Navy SEALs. better health care outcomes for the cash and are not hiring. One of our ob- I am a retired Navy captain. I spent same amount of money. ligations is to address those uncertain- about 23 years of my life as a naval We have the prospect of the Federal ties. My hope is we will do it. We actu- flight officer. Before that, I was a mid- courts, with a number of litigations ally got off to a pretty good start this shipman, a Navy ROTC midshipman that are underway around the country, year in a couple ways. No. 1, we passed out of Ohio State. We would do our either at the circuit court of appeals the FAA reauthorization, the Federal summer tours as midshipmen being level or maybe someday at the Su- Aviation Administration reauthoriza- trained to be junior naval officers. One preme Court level, taking apart pieces tion. In doing so, we agreed on a rev- of our tours was down at Little Creek, of the health care bill. We need some enue package—agreed to by the indus- where we learned a little bit about certainty there, and we need the courts try—to be able to modernize the air storming the beaches of Virginia and to act on it. I am not a lawyer, but traffic control system—that is great— we learned how to become marines, or some of my friends are, and some of to be able to put some extra money to- pretended we were. We also, later on, I them, who are a lot smarter than I am ward airport construction—that is guess as a lieutenant JG at Coronado, on these things, suggest that as far as good as well—as part of our infrastruc- before we went over to Southeast Asia, they are concerned, this meets con- ture system. had a chance to see—in both places, stitutional muster. We need an answer We passed in the Senate patent re- both the Little Creek Naval Station and we need to get on with it. To the form legislation. If the Presiding Offi- and over at the Coronado, North Island extent we need to change the health cer from Montana were—and he is a Naval Station—the Navy SEALs train. care legislation to fix it and make it very clever fellow, but if he invents or

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.020 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2602 CONGRESSIONAL RECORD — SENATE May 3, 2011 thinks he has invented a product or tion and research programs actually of the Navy SEALS who were the tip of technology, and he goes, under current are responsible for something like 25 the spear—an American military that law, to the patent office and files for a percent of our Nation’s crucial innova- has brought to justice one of the worst patent, I can come along, even if I had tions over the past decade and account war criminals of our time. nothing to do with that technology or for, again, something like 40 percent of We celebrate not only, of course, the that product, and say I had that idea America’s patents. Navy SEALS, but all of the men and first and draw him into a lawsuit and For us to be successful in the 21st women who have given their lives and maybe make it difficult for him to ac- century, we need to, as the President their service over the past years, and tually get his patent. likes to say, outeducate, outinnovate, their families. We celebrate also the in- We changed that in this patent re- and outcompete the rest of the world. telligence community’s support of this form legislation. If he is the first one Part of what we need to do is make effort, which was so crucial. to file, then he is the first one to file, sure we are creating a world class Yet even as the celebration has been and a patent troll like me would not be workforce, we are producing a world conducted, on one small beach in Con- able to get in the way and create mis- class infrastructure, and, finally, we necticut this news was greeted with chief and simply maybe ultimately get are making sure we are making re- solace and somber remembrance. It is bought out. So the idea of changing search and development investments the beach at Sherwood Island, in Con- that is very encouraging. that will lead to products that can be necticut, which is home to the living We have a deficit reduction agree- commercialized, ideas that can be com- memorial for the Connecticut victims ment for this fiscal year, which took mercialized, turned into products we of 9/11, a memorial to 152 victims of about $40 billion or so out of our spend- can be making here in this country and this tragedy, this murderous attack by ing, and that is encouraging. selling around the world. the man who has now been brought to We have actually another piece of en- I think if we can somehow figure out justice. It is a beautiful place—exquis- couraging legislation that I think how to resolve our differences so the itely and heartbreakingly beautiful. passed by unanimous consent in the people who want to offer amendments The skyline of New York is visible last Congress on small businesses and to this bill, especially noncontroversial from this point, jutting out from West- how to help small businesses do more ones, maybe they can be successful, port. The skyline of New York could be innovative research and how to help and let’s save the controversial stuff seen in flames on the day of 9/11. This them ease their ability to do tech- for another day. We may disagree on 20 place provided a staging area for many nology transfer. I think it passed by percent. That is Senator ENZI’s 80 per- of the relief efforts that happened on unanimous consent last year. cent/20 percent rule. Let’s agree to the that day and succeeding days. Now it is And now, so far this year, we have 80 percent and put it in the bill. The 20 a place where the community of West- been working on this legislation off percent that we don’t agree on, let’s port, the State of Connecticut, and the and on since March, since the early work on that and save it and have addi- world can remember that tragedy and part of March, and we have a whole lot tional hearings and deal with that the people who lost their lives. It is of amendments that have been offered later. also the place where every year Con- In the meantime, why don’t we pass to the bill. One of them is from myself necticut gathers to honor their memo- this bill. Why don’t we make it easier and Senator VITTER, Senator COBURN, ries and their families. for small businesses to get R&D and Senator MCCASKILL, Senator Many come—as some did yesterday— money, to be able to do technology BEGICH, and a bunch of other people. It with very mixed feelings. The recent transfers. In some cases where that is is not related to small business but it news, while welcome indeed, brings noncontroversial, why don’t we make is certainly related to the deficit. What forth anew the agony of their loss. I that happen. If we do that, we can show it does is—as the President mentioned know there are mixed feelings because the American people we can work to- in his State of the Union Address, we I talked, a short while ago, with Lee gether and get stuff done, and we will have thousands, maybe tens of thou- Hanson, who is the father of Peter Han- actually help small businesses get stuff sands of pieces of surplus property the son. Peter, his wife Sue Kim and their done. We will help them make money Federal Government owns that we are daughter Christine Lee Hanson all lost not using. We pay money to keep them and hire more people and, in the end, some of those people and businesses their lives on that day. Christine was secure. We pay money for their utili- only two and a half years old. People ties, for their upkeep. We are not using will pay more taxes, which will bring down the deficit. That is a pretty good came to that place yesterday and on them. We ought to sell them. We can- many other days to pay their respects not give them away to State and local outcome. It is worth pursuing. I commend Senator LANDRIEU and and reflect on the tragedy of 9/11. They governments, homeless groups. We Senator SNOWE for working on this leg- have felt ambivalence, mixed feelings, ought to sell them, at least get them islation for 6 years. We need to put and their grief is renewed. For them off our books. That is going to be of- that good work to the vote and move there is no celebration because the leg- fered as an amendment to this small on. acy of their loss remains. business bill. My hope is my colleagues Mr. President, I yield the floor. At the memorial, on a granite mark- will support it. Senator LANDRIEU, who The PRESIDING OFFICER. The Sen- er in Westport, there reads the fol- chairs the Small Business Committee, ator from Connecticut is recognized. lowing: and Senator SNOWE, who is the ranking Mr. BLUMENTHAL. Mr. President, I The citizens of Connecticut dedicate this Republican member—previously the thank the Senator from Delaware for living memorial to the thousands of innocent chair—have worked on the underlying those very important and insightful lives lost on September 11, 2001, and to the bill for something like 6 years—6 years. comments both on the Navy SEALS families that loved them. It passed, again I will say, I am pretty and on the small business legislation Today, while there are many voices sure, last year, by unanimous consent. that is pending before this body. who celebrate this victory—and rightly We need to get it done. My hope is that Mr. President, as my colleague, the so—there are voices that are harder to those of us who have amendments, es- distinguished Senator from Delaware, hear, perhaps unheard: the victims and pecially those that are not controver- has mentioned, over the last 36 or so their families whose memory I wish to sial, will have an opportunity to offer hours, our Nation and its allies around honor today. I wanted to take a mo- our amendments to this bill, and then the globe have rightly celebrated an ment of our time to recognize those we need to move on. extraordinary military triumph, a that cannot speak, but in whose mem- It is interesting, if you look at small great victory in the war on terror, a ory justice was served. businesses, an inordinate number of turning point, perhaps, toward peace: I ask unanimous consent to have scientists actually work for small busi- Osama bin Laden, the heinous master- printed in the RECORD the names of nesses. Something like, I want to say, mind of the 9/11 attacks, who murdered those 152 men and women from Con- 40 percent of America’s scientists and thousands of Americans, has been fi- necticut who died on September 11, engineers actually are employed by nally brought to justice. 2001, as they are recorded on the memo- small businesses. We have some studies We are rightly celebrating the ex- rial that honors their legacy at Sher- that show the small business innova- traordinary service, bravery, and skill wood Island.

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.021 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2603 There being no objection, the mate- Faulkner; Michael G. McGinty; Michele The bill clerk proceeded to call the rial was ordered to be printed in the Heidenberger; Daniel Robert Nolan; James roll. RECORD, as follows: A. Gadiel; Thomas F. Theurkauf, Jr. Mr. REID. Mr. President, I ask unan- CONNECTICUT VICTIMS ON SEPTEMBER 11TH, Mr. BLUMENTHAL. Mr. President, imous consent that the order for the 2001 we should be ever mindful of the people quorum call be rescinded. FIRST ROW OF STONES (SOUTH OR LEFT LOOKING whose lives have been changed forever. The PRESIDING OFFICER. Without TOWARD MONUMENT) The families of the victims and sur- objection, it is so ordered. vivors need our help. Their children Richard M. Keane; Peter R. Kellerman; f Stacey Leigh Sanders; Joshua Piver; Law- may have grown. Some may have chil- rence Getzfred; Jonathan J. Uman; Scott dren of their own. Their lives have UNANIMOUS CONSENT Thomas Coleman; Keith Eugene Coleman; moved on. Some have come to peace. AGREEMENT—S. RES. 159 Richard S. Gabrielle; Thomas M. Brennan; But their lives, like the lives of the Mr. REID. Mr. President, I ask unan- Ronald Gilligan; Jeffrey D. Bittner; John emergency responders who ran into the imous consent that at 2:15 p.m. today, Fiorito; William J. Meehan, Jr.; Eskedar buildings—the firefighters, the police— the Senate proceed to consideration of Melaku; Glenn Davis Kirwin; Joel Miller; have been changed forever. Whether by Adam J. Lewis; Michael M. Miller; Steven S. Res. 159, which is at the desk; that Lawrence Glick; Eamon McEneaney; Craig maintaining a memorial in your com- there be up to 75 minutes of debate on William Staub; James Thomas Waters, Jr.; munity, helping to meet the needs of the resolution equally divided between Frederick Varacchi; James Andrew O’Grady; their children, or just listening to their the two leaders or their designees prior Edward ‘‘Teddy’’ F. Maloney; Charles A. voices, it is an honor to help those who to a vote on adoption of the resolution, Zion; Michael J. Lyons; Amy King; Michael have already given so much. with the final 10 minutes reserved for C. Farrou; Heather L. Smith; Raymond Jo- Many questions will arise in the days the two leaders, with the Republican seph Metz, III; Jason E. Sabbag; Candace Lee ahead over what will be the course of Williams; Maurice Patrick Kelly; Peter Alan leader controlling 5 minutes and the action for our Nation, but today let us majority leader controlling the final 5 Gay; Stephen Lamantia; Thomas E. Galvin. give pause and reflect on how Amer- SECOND ROW OF STONES (SOUTH OR LEFT minutes; further, that upon disposition ica’s military has kept focused on jus- of the resolution, the preamble be LOOKING TOWARD MONUMENT) tice for the victims of terror for almost Francis Henry (Frank) Brennan; Thomas agreed to; that there be no amend- 10 years. We have lost many service- ments in order to either the resolution Anthony Palazzo; James A. Greenleaf, Jr.; men and women in the line of duty and Mike A. Pelletier; Michael C. Rothberg; or the preamble; that the motions to David H. Winton; Allen V. Upton; Peter C. many more have been injured in this reconsider be considered made and laid Fry; Kevin P. Connors; Christopher William war. The lives of our veterans who have upon the table, with no intervening ac- White Murphy; Madeline Sweeney; Cheryl fought and served and sacrificed in the tion or debate, and that the Senate Ann Monyak; Francis McGuinn; Ada war on terror have been changed for- then proceed to a period for the trans- Maason; Robert A. Lawrence, Jr.; Martin ever. We owe it to them to never forget action of morning business for debate Phillips Wohlforth; Joseph A. Lenihan; Jesus as we celebrate this victory. We owe it only until 5 p.m., with Senators per- Sanchez; Amy E. Toyen; Jeffrey David Wie- to our veterans who have served and mitted to speak for up to 10 minutes ner; Cesar A. Murillo; Gary E. Lasko; Mar- sacrificed to honor that service, not each. garet Quinn Orloske; Derek J. Statkevicus; just in rhetoric but in deed. Our vet- Randy Scott; Lindsay S. Morehouse; Dianne The PRESIDING OFFICER. Without erans have fought for a Nation that Bullis Snyder; Sean P. Rooney; George E. objection, it is so ordered. keeps faith with them. Spencer, III; Christopher Orgielewicz; Garry Mr. REID. Mr. President, with this W. Lozier; Gregory T. Spagnoletti; Jude We must make sure to leave no vet- eran behind in education, jobs, and agreement, the vote on adoption of the Moussa; James Matthew Patrick; Sean resolution will occur at 3:30 p.m. today. Schielke; Tyler Ugolyn; Ulf Ramm Ericson; health care—to provide for them what Juan Ceballos. we have obligated and promised to pro- I encourage Senators to vote from their desks. Senator MCCONNELL and I THIRD ROW OF STONES (2ND FROM RIGHT vide. While we hope for peace from this LOOKING TOWARD MONUMENT) day forward, we must do everything we have talked about this important reso- Edwin J. Graf, III; Timothy John can to support the brave American men lution. We ask everyone to be in their Hargrave; Christopher W. Wodenshek; Dolo- and women in uniform and those of our seats 10 minutes before 3:30 so we can res Costa; Geoffrey W. Cloud; Edward T. Fer- allies whose relentless service and sac- vote at 3:30 in a dignified manner on gus, Jr.; Michael Egan; Bradley Fetchet; An- rifice have helped us to win this vic- this most important resolution. drew Stergiopoulos; James D. Halvorson; tory. So too do we support the brave f John Bruce Eagleson; Edward Calderon; Mar- first responders who are always poised, garet Connor; Peter Gelinas; Paul M. Fiori; RECESS Robert Higley, II; Robert W. Noonan; Mi- always ready, to respond when their city, State or the Nation calls. They The PRESIDING OFFICER. Under chael Grady Jacobs; Patrick Danahy; Chris- the previous order, the Senate stands topher Samuel Gardner; Robert Gerlich; should know they each have the thanks John Works; Laurence Abel; John P. of a grateful Nation. in recess until 2:15 p.m. Williamson; Michael John Simon; Kiran My hope is that the memory of the Thereupon, the Senate, at 12:33 p.m, Kumar Reddy Gopu; John Henwood; Judith victims of 9/11 will bring us together in recessed until 2:15 p.m. and reassem- Florence Hofmiller; Bradley H. Vadas; Bryan a time of unity and purpose just as bled when called to order by the Pre- C. Bennett; Timothy M. O’Brien; Kevin Mi- that heinous act did on that day al- siding Officer (Mr. WEBB). chael McCarthy; Thomas Edward Hynes; most 10 years ago. The brutal mur- The PRESIDING OFFICER. The Sen- John F. Iskyan; H. Joseph Heller; Stephen P. ator from Maryland. Cherry; Edward Raymond Vanacore; Eric B. derers of September 11, 2001, hit the Evans. World Trade Center and hit the Pen- f tagon, but they missed America, as was FOURTH ROW OF STONES (RIGHT MOST ROW DEATH OF OSAMA BIN LADEN remarked at the time. They missed WHEN LOOKING TOWARD MONUMENT) Mr. CARDIN. Mr. President, late on Paul Curioli; Scott J. O’Brien; William what makes America great. They brought us together in a time that we Sunday evening, the world was told of Christopher Hunt; Alexander Braginski; Paul news we had been waiting to hear for R. Hughes; Donald F. Greene; Pedry Grehan; can remember with pride because it Edward P. York; James J. Hobin; Ruth was a time of resolve and unity. almost 10 years. Osama bin Laden was McCourt; Juliana McCourt; Osseni Mama I hope the memory of those victims— a murderer who devoted his life to the Garba; William Hill Kelly, Jr.; Brian Thomas the 152 from Connecticut and thou- destruction of freedom, democracy, and Cummins; Eric (Rick) R. Thorpe; Sandra sands more from around the country— our way of life. His death is an impor- Campbell; John B. Schwartz; Bennett as well as their families can bring us tant milestone in the fight against Lawson Fisher; Mark Steven Jardim; Joseph together now in a renewed sense of global extremist violence and a relief John Coppo; Richard Peter Gabriel, Sr.; unity and purpose to face the chal- to the millions of Americans and oth- Allen Patrick Boyle; Christopher J. ers around the world who have felt his Blackwell, FDNY; Roger Mark Rasweiler; lenges that lie ahead. Evan Hunter Gillette; Peter Burton Hanson; Mr. President, I suggest the absence murderous destruction. Sue Kim Hanson; Christine Lee Hanson; Jean of a quorum. I, first and foremost, wish to thank Destrehan Roger; Sean S. Hanley; Wilder A. The PRESIDING OFFICER. The the military and the intelligence pro- Gomez; Robert Thomas Jordan; Wendy R. clerk will call the roll. fessionals who carried out this daring

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.007 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2604 CONGRESSIONAL RECORD — SENATE May 3, 2011 mission, which was executed flawlessly information that we thought there was security drill—shoes off, liquids in and will go down in our history books a plane that could be heading to our plastic bags, and all the other incon- as to how we should do our work. own building. The Capitol Police ush- veniences designed to keep us safe. It I wish to take a moment to com- ered us out of the building so we could was at that same airport on Christmas pliment all of our military and intel- try to get out of harm’s way. We all of 2009 that a would-be terrorist sought ligence people who were involved in began to understand our Nation was to bomb an airliner. So I was sur- this effort. I take great pride in rep- under attack and the world was chang- rounded by reminders, large and small, resenting the State of Maryland and ing. of how the threat of terrorism has af- our intelligence agencies that are lo- While we are still living in that fected our lives when Defense Sec- cated at Fort Meade. They do incred- changed world, this event reminds us retary Gates called me with the mo- ible work for our national security and again the strength of America is free- mentous news that our forces had suc- for our Nation. They do a lot of work dom and that its persistence can pre- ceeded in raiding a compound in Paki- that keeps us safe, but they can never vail. As a lifelong proponent of human stan and killing Osama bin Laden. issue a press release because of the na- rights, I know we do not rejoice in kill- A few hours later, my wife Barbara ture of their work. Many times I be- ing, but this death rids the world of a and I joined a different scene—thou- lieve their work goes basically man who was committed to intoler- sands of cheering young people waving unappreciated by the vast majority of ance, destruction, hatred, and the dese- American flags and singing patriotic Americans. But I wish to take a mo- cration of human dignity. Bringing bin songs in the early morning darkness ment to congratulate all the men and Laden to justice helps heal the wounds outside the White House—part of an women in our intelligence agencies and of those who lost their loved ones and outpouring of relief and emotion across in our military who have devoted their to a nation who lived through 9/11. the Nation. What had happened is lives to keeping us safe. This mission We must remain vigilant as the fight Osama bin Laden could not avoid the demonstrates the type of work they do against al-Qaida and other extremists long memory and the long arm of jus- in order to make this a safer nation. goes on. While al-Qaida is increasingly tice, and he could not hope to triumph This successful interagency oper- marginalized—particularly as we see so against the indomitable spirit of the ation illustrates intelligence sharing many in the Arab world exercise their American people. at its best and the commitment of the desires for change—the threat posed by The news President Obama delivered men and women of our Armed Forces terrorist organizations will remain to the Nation on Sunday evening gives as well as our political leadership. As with us. We must remain on our high- us many reasons to reflect. We should you know, after the attack on our est guard, working with our allies first turn to those who still carry the country on September 11, we had com- around the world, in order to fight grief and loss of that September morn- missions do work, we had a lot of con- these extremists. ing about 10 years ago—to those who gressional investigations, and there Once again, I wish to congratulate had lost loved ones in the fight against was one theme that came out very the tremendous efforts of our Presi- terror and the years since and to those clearly in regard to the way we col- dent, our military, and our intelligence who carry wounds of body, mind or lected intelligence information to keep community, especially as their hard spirit from that war. The death of this Nation safe; that is, there was too work continues, and may this event Osama bin Laden cannot bring back much stovepiping and not enough shar- bring some sense of peace to the fami- the lives lost through his monstrous ing of information. Information that lies affected by bin Laden’s evil, as acts, but it can, I hope, bring some could have been shared, that could well as to all in the world who love measure of relief from those lost. have been used in a way to keep us safe freedom and peace. We first turn, with thanks and admi- was not. This effort demonstrates the Mr. President, I ask unanimous con- ration, to the men and women of our advantages of sharing information. Our sent that the time spent in quorum Armed Forces and the intelligence intelligence agencies acted upon infor- calls be equally charged against the community. For them and their fami- mation that was made available majority and the minority. lies, the last decade has been one of through various sources and using that The PRESIDING OFFICER. Without long separations, uncertainty, and dan- to be able to conduct this mission. objection, it is so ordered. ger. Yet time and time again they have Truly, bin Laden was brought to jus- f answered their Nation’s call with cour- tice as a result of President Obama’s age, with competence, and with skill. deliberative planning, coordination, HONORING THE MEMBERS OF THE Once again, they have earned our ut- and communication, his leadership, MILITARY AND INTELLIGENCE most gratitude. partnership, and dogged persistence. COMMUNITY WHO CARRIED OUT We should also commend the Presi- Because of that, we were able to ac- THE MISSION THAT KILLED dent for his courage and for his care in complish this mission. OSAMA BIN LADEN ordering a military mission to capture I wish to congratulate President The PRESIDING OFFICER. Under or kill Osama bin Laden. There was no Obama. He had to make a tough call. the previous order, the clerk will re- direct evidence that bin Laden was in The intelligence information was not port the resolution by title. the compound that the CIA had deter- conclusive. Much of it was circumstan- The legislative clerk read as follows: mined housed two al-Qaida couriers. tial. Yet he evaluated the best informa- A resolution (S. Res. 159) honoring the Instead, the evidence was circumstan- tion we had to determine that bin members of the military and intelligence tial, and there were differing views Laden was at this location. He then community who carried out the mission that within the intelligence community as had to make another tough choice, as killed Osama bin Laden, and for other pur- to the likelihood that bin Laden or per- to what type of mission to use—wheth- poses. haps some other high-value target was er to use a sophisticated bomb in order Mr. CARDIN. Mr. President, I suggest there. Moreover, the mission required to destroy the property, which would the absence of a quorum. the military helicopters to enter into have caused the loss of some innocent The PRESIDING OFFICER. The Pakistani airspace, to land in Paki- life, or whether to use a higher risk clerk will call the roll. stan’s sovereign territory, and for mission of sending our SEALs into The assistant bill clerk proceeded to Navy SEALs to use lethal force on a Pakistan. The President made the call the roll. compound in a city that was home to right call. He made the right decision, Mr. LEVIN. Mr. President, I ask two Pakistani armed regiments. The and I congratulate him on his leader- unanimous consent that the order for President courageously rejected the al- ship. the quorum call be rescinded. ternative options of launching a bomb- All Americans were affected by bin The PRESIDING OFFICER. Without ing mission or waiting until there was Laden’s evil actions. We all remember objection, it is so ordered. more evidence of bin Laden’s presence. that fateful day in September of 2001. I Mr. LEVIN. Mr. President, at 10 He rejected both of those alternatives. was on the other side of the Capitol as o’clock Sunday night, I was at the ter- With his bold decision and with the a Congressman in my office in the Ray- minal at the Detroit airport, and there heroism and skill of our military and burn Building. I remember receiving I had gone through the usual airport intelligence professionals, our Nation

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.033 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2605 struck a tremendous blow not just great victory and I congratulate the though the intelligence community against a single depraved individual success of this operation.’’ could not assure him with certainty but against the hateful ideology he es- It is urgent that the Pakistani Gov- that bin Ladin was there. poused. Let there be no mistake, al- ernment get answers to the questions At the operational level, the hunt for Qaida is weaker today. Its leader is about what its military and intel- bin Laden and the read on his com- dead and so is the myth surrounding ligence agencies and local officials pound has shown the greatly improved him. knew and share the answers to those collaboration and cooperation across Osama bin Laden sent his followers questions with the world and with their the intelligence community and, of to hide in dark, dank mountain caves own people. course, the Department of Defense. and often to their own suicides, from Pakistan can be an important ally in The CIA has received and well de- the comfort of his million-dollar villa. the fight against terror. It has as served the lion’s share of the credit. His death has dealt al-Qaida a major much, if not more, at stake in that The agency collected the human intel- blow. The mystique of Osama bin fight as anybody. All the more impor- ligence and carried out other missions Laden has been punctured. tant, then, that we openly and honestly that found and characterized the The victory over hate-inspired ter- address the questions which have been Abbottabad compound, and CIA ana- rorism is not yet complete. Our suc- raised by the presence of terrorist No. lysts took the lead in analyzing and re- cessful mission against bin Laden will 1, public enemy No. 1, the world’s analyzing that information. no doubt lead to al-Qaida’s remaining enemy No. 1—the presence of that per- The CIA’s Counterterrorism Center leaders issuing calls for retaliation. It son in Pakistan in such a central place has a banner on the wall that reads, is critical our intelligence and military for all these years. It is important that ‘‘Today is September 12, 2001.’’ It has strength continue to seek out those those questions be honestly answered been nearly 10 years, but their perse- elements and franchises of al-Qaida so we can continue this fight together. verance and dedication has truly paid that remain in Afghanistan, Pakistan, I yield the floor and suggest the ab- off. the Arabian Peninsula, Africa, and sence of a quorum. I also want to recognize the efforts of other places, such as al-Qaida in the The PRESIDING OFFICER. The the National Security Agency which Arabian Peninsula in Yemen. The clerk will call the roll. provided signals intelligence and the threat may be diminished, but it re- The assistant bill clerk proceeded to National Geospatial Intelligence Agen- mains. call the roll. cy which conducted the imagery anal- Further, it is critical we ensure our Mr. LEVIN. Mr. President, I ask ysis on the compound. It was truly a military and intelligence communities unanimous consent that the order for team effort. continue to adapt to the threat of our the quorum call be rescinded. I also commend and give thanks to irregular and unconventional enemy. The PRESIDING OFFICER. Without the Joint Special Operations Com- The interagency cooperation that objection, it is so ordered. mand, or JSOC, the team that flew to helped make this mission a success is Mr. LEVIN. Mr. President, I ask the compound under cover of night and impressive, and it remains a potent unanimous consent that the time for conducted the raid. It was not a picture weapon in our effort to weaken the al- debate on the resolution that is pend- perfect operation, and changes to the Qaida network. ing be extended by 15 minutes, with the plan were necessary as the lead heli- This is an effort worthy not just of additional time being equally divided copter was forced to land unexpectedly. this Nation but of all nations. That is between the two leaders or their des- But the highly trained and skilled why it is important that we find an- ignees, with all other provisions under members of the Navy SEAL team ad- swers to the significant questions the previous order remaining in effect. justed, reached their target, and they raised by the news from Sunday night. The PRESIDING OFFICER. Without killed Osama bin Laden without taking Thirty-five miles from the Pakistani objection, it is so ordered. any casualties themselves. capital and a comfortable walk from Mr. LEVIN. With this agreement, the I was first briefed on the compound the Pakistani military’s most impor- vote will now occur around 3:45 p.m. and the possibility that it housed tant academy, in a town where the I suggest the absence of a quorum. Osama bin Laden in the beginning of Pakistani military and intelligence The PRESIDING OFFICER. The last December along with Senator Kit services own a large share of the prop- clerk will call the roll. Bond who was vice chairman of the In- erty, al-Qaida appears to have built a The assistant bill clerk proceeded to telligence Committee at that time. massive complex, ringed by walls as call the roll. Since then, the current vice chairman, high as 18 feet, protected by barbed Mrs. FEINSTEIN. Mr. President, I Senator SAXBY CHAMBLISS, and I have wire, as the dedicated hiding place for ask unanimous consent that the order been regularly briefed and updated on Osama bin Laden. It is difficult to be- for the quorum call be rescinded. the intelligence. lieve all this occurred without at least The PRESIDING OFFICER. Without I thank Director Panetta and his arousing the suspicions of Pakistan’s objection, it is so ordered. team for keeping the Intelligence Com- security forces or their local officials. Mrs. FEINSTEIN. Mr. President, I mittee leadership informed. As one who The American people, who have pro- rise in strong support of this resolution is regularly critical of our govern- vided billions of dollars of aid to the and offer my congratulations to the ment’s inability to keep secrets, it is Pakistani Government, deserve to men and women responsible for devel- very reassuring that this highly sen- know whether elements of Pakistan’s oping the intelligence and carrying out sitive and sensational intelligence was military and intelligence services or the operation that led to the death of kept under wraps for months. local officials knew of bin Laden’s loca- Osama bin Laden on Sunday, May 1. There is no doubt that Sunday’s oper- tion over the 5 years or so he was there This is perhaps the most important, ation gives rise to a number of ques- and if they did not know, how that and certainly the most stunning, intel- tions. Among the most important of could possibly be the case. Hopefully ligence operation I have seen in my 10 them are, one, what did Pakistan know just as important, the Pakistani people years on the Intelligence Committee. I about bin Laden’s presence and this deserve these answers, for they have wanted to congratulate, first and fore- compound in the up to 6 years he was suffered greatly from al-Qaida’s violent most, President Obama. As he stated in there? It has to be pointed out that extremism. Assassinations, bombings, his Sunday night address to the Na- this compound was eight times bigger death of civilian and military per- tion, he directed Leon Panetta shortly than any home in the vicinity. It was sonnel alike—all these losses show that after taking office to ‘‘make the kill- just a quarter of a mile away from an- al-Qaida and its hate-filled terrorism ing or capture of bin Ladin the top pri- other home. It was a mile away from a and its terrorist allies threaten Paki- ority of our war against al-Qaida.’’ major military academy. It had razor stan’s very existence. I believe some of When the effort to collect and ana- wire on the top of very large walls, and Pakistan’s leaders know this to be lyze intelligence on this compound in it was very large in itself. Trash was true, and I was heartened by the reac- Abbottabad bore fruit, President not picked up, it was burned. No one tion of Prime Minister Gilani to bin Obama made a courageous and very really came in and out except the two Laden’s death. He said, ‘‘I think it’s a gutsy decision to order the strike, even couriers who went about delivering

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.033 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2606 CONGRESSIONAL RECORD — SENATE May 3, 2011 messages from a distance from the The PRESIDING OFFICER. The Sen- has been a lot of debate in this country compound. ator from Georgia is recognized. about our detention and interrogation It should have been an issue of curi- Mr. CHAMBLISS. Mr. President, let policy, but this is probably one of the osity, and neighbors surely would have me just say that California wine being clearest examples of the extraordinary been interested in who lived there. Why a favorite of mine, I am available any value of the information we have been is it so big? What is going on there? time. Thanks for those kind comments. able to gather from the CIA’s detention But there was virtually no reaction. Let me just say to my good friend and interrogation program. If we had The second point is, what does bin from California what a pleasure it has not had access to this information, Laden’s death mean for al-Qaida and been to work with her. The Intelligence Osama bin Laden would likely still be for the affiliate groups and lone wolves Committee has always been a very bi- operating undetected today. It is be- he has inspired and led? As the chair- partisan committee, and nobody exhib- cause of the information gained from man of the Intelligence Committee, I its that more so than our current these detainees, pursued and analyzed will be looking for answers to those chairman, DIANNE FEINSTEIN. She is over the years by the intelligence com- questions and get more of the details of tough when she needs to be tough, and munity, that led us to bin Laden’s the operation itself. Tomorrow morn- she is fair at all times. compound. It is almost unimaginable ing, in a joint classified hearing with She and I have a unique relationship that he was located not in a cave in a the Armed Services Committee, we will in contrast to the other committees in Pakistani no man’s land, but in a city be looking into these and other issues. the Senate in that we jointly hire all of just miles outside of Islamabad with a But this resolution is about com- our staff, and she has been extremely large Pakistani Government and mili- mending the men and women of our in- cooperative to me in the hiring proc- tary presence. telligence community and the U.S. ess. Again, she has just been a pleasure military for their dedication and years to work with. I have to say that This is an amazing achievement and of work that led to 40 minutes of in- DIANNE and I have been on the com- one that will be remembered for dec- credible success. It should also recog- mittee together for several years, and I ades, but we must remember that al- nize the fact that since 9/11, intel- am very proud of the work our com- Qaida is a diffuse and decentralized ligence has been streamlined, stove mittee has done and our relationship network that continues to threaten pipes have been taken down, and ana- with the intelligence community. Americans both at home and abroad. A lysts have greatly improved in their One of the big reasons we have the number of dangerous leaders associated trade craft. successes that we had on Sunday in the with al-Qaida, including Ayman al- As a matter of fact, the intelligence takedown of bin Laden is because of Zawahiri and Anwar al-Aulaqi, are still having to do with this one facility was the oversight that DIANNE and others out there, no doubt plotting their next red-teamed once, red-teamed twice, have carried out on the Intelligence attack as we speak. and red-teamed at least a third time. Committee and because of our relation- We also face a growing number of The red-teaming process gives the abil- ship with the community. threats from other radical organiza- ity of our analysts to debunk the intel- It is not a combative relationship. tions and individuals, including home- ligence, to try to indicate what might We have the Director of the CIA, the grown terrorists and extremists. Al- be a lapse, an ‘‘inconclusion,’’ a false heads of NSA, the DNI, and others on a though bin Laden’s death is an enor- judgment. It is a very valuable process. regular basis both formally and infor- mous blow to al-Qaida, we must make This resolution also recognizes the mally. All of that is done under sure we remain vigilant in all our ef- measure of justice now delivered to DIANNE’s leadership. forts to defeat terrorism and never lose those who mourn and remember the Those are the times when we found sight of our objectives, which is not the thousands of men, women, and children out the needs of the intelligence com- death of one man, but the dismantling claimed as victims on 9/11 and in the munity. Had they not exhibited that of all terrorist networks that seek to other attacks carried out by al-Qaida and had the Senator not provided the do us harm. under Osama bin Laden both here and right kind of leadership, they would not have had all of the tools necessary In closing, I want to again thank our around the world. intelligence professionals and military This will not end terror as we know to carry out this very important and personnel for their service and dedica- it today, but it surely is a monumental very sophisticated mission. So thanks tion. I also want to remind everyone step to be able to put an end to the for your great work. Thanks for your that while this is our greatest success man who championed the cause, the friendship. I look forward to that glass to date in our efforts to combat al- man who provided the inspiration, the of California wine. Qaida, we still have a lot of work to do man who raised the money, and the I rise today in support of the resolu- and cannot rest until all of that work man who was purely and simply the tion with respect to the takedown of is done. major leader. Osama bin Laden and also to praise the Osama bin Laden is no more, and the men and women of our intelligence and Mr. President, I yield the floor. time is upon us. I hope the world will our military communities with regard The PRESIDING OFFICER (Mr. be listening to try to consider a better to Sunday’s successful operation. We FRANKEN). The Senator from Arizona. path, to move away from acts of terror, have been pursuing the world’s most Mr. MCCAIN. Mr. President, I rise to infamous terrorist for over a decade, move away from the killing of inno- speak in support of S. Res. 159, hon- but it was ultimately the hard work cent men, women and children, and be- oring the members of the military and and tireless dedication of these profes- come part of the councils of govern- intelligence community who carried sional men and women that led to this ment, whatever they may be, across out the mission that killed Osama bin significant achievement. the world, to debate, to discuss, to Laden. I am as happy to rise today as vote, and to put forward principled I am always proud of our military and intelligence men and women, but at any time in the past 10 years—and it policies. has been for the last 10 years that I I very much appreciate the efforts of most especially today I am truly proud have eagerly awaited the moment when the majority leader and the Republican of their great work. my colleagues and I could take to this leader in bringing this resolution to As we approach the 10-year anniver- floor and celebrate the news we got the floor, and I urge its adoption. sary of September 11, I am thankful I notice my distinguished vice chair- that the families and loved ones of the this Sunday: that we got Osama bin man on the Senate floor. I particularly victims of 9/11, as well as all Ameri- Laden. Justice has been done. The want to thank him, Senator cans, can have some closure. The lead- world has become a better place now that bin Laden is no longer in it. CHAMBLISS, for all of the cooperation er of al-Qaida and murderer of thou- we have been able to effect together. sands of Americans and allies can This is a time for national unity and You truly have been wonderful. It never again sponsor a terrorist attack. celebration. It is a time to finally close has been a great joy for me to work It is also important to point out that a painful chapter in the history of our with you, and I only wish I could give this operation was made possible by in- Nation, even as our larger fight con- you a glass of California wine to salute formation provided by enemy combat- tinues. And, most of all, it is a time to this very special day. ants that had been detained and inter- give thanks and recognition to a dis- I yield the floor. rogated by the United States. There tinguished group of our fellow citizens

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.035 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2607 who will forever occupy an honored ficials who labored with him for 8 years Mr. President, I suggest the absence place in our history. to do what has now been done. I know of a quorum. I want to echo my colleagues in offer- it is one of President Bush’s regrets The PRESIDING OFFICER. The ing my humble thanks to the brave that he could not eliminate bin Laden clerk will call the roll. men who carried out the daring oper- on his watch, but he and his team The assistant legislative clerk pro- ation, as well as to the men and women should take solace in the knowledge ceeded to call the roll. in uniform who enabled their success. I that they laid the foundation for Sun- Mr. MANCHIN. Mr. President, I ask have been involved in national security day’s operation, and they deserve cred- unanimous consent that the order for my entire life, and I am hard pressed to it for that. the quorum call be rescinded. come up with another military oper- Finally, I want to say a word to the The PRESIDING OFFICER. Without ation that demonstrated such sophis- many American families for whom this objection, it is so ordered. tication, such professionalism, such celebration is bittersweet because it Mr. MANCHIN. Mr. President, Osama precise and lethal effectiveness to ac- recalls memories of the mothers and bin Laden’s death is a historic and just complish such a momentous and con- fathers, spouses and siblings, sons and victory for this Nation. While this is a profound victory in sequential objective. I am truly in awe daughters, who were stolen from them, the war on terror, our thoughts must of what these young men have accom- and from us all—not just in the Sep- tember 11 attacks but in the many acts go to the thousands of innocent men plished, and I thank God that our Na- and women who lost family members tion continues to produce heroic war- of mass murder for which Osama bin Laden was guilty. No act of man can and whose lives were forever changed riors such as them who are willing to by the tragedy of September 11. give everything, to sacrifice every- fill the aching emptiness of a loved one lost. For that there is only the grace of The families of those lost and our Na- thing, to devote their lives not to the tion as a whole can take great pride quest for wealth or fame but to the God. But it is my sincerest hope that the elimination of Osama bin Laden— that our brave servicemembers and in- service of a just and noble cause that is this act of justice done—will help to telligence community successfully car- greater than their self-interests. We do ease the pain and bring closure to what ried out this mission. I could not be not yet know their names, but we has surely been a decade of torment, as more proud of the outstanding men and honor their achievements and we cele- we were daily reminded that the women of our military who put their brate their heroism. They have made world’s most wanted terrorist was still lives on the line daily to defend this history and earned their place in it. free. Nation. I want to offer the same praise for I also want to credit the families of Each and every one of us has a deeply our intelligence professionals. It is a the victims of September 11, 2001. Had personal connection to the tragic truism that intelligence fails in public it not been for their relentless efforts events of September 11. At the time, I and succeeds in private. So it is a great and advocacy, Congress would not have was West Virginia’s secretary of state. day indeed when we can celebrate such established the 9/11 Commission and I remember staff coming into my of- a public success of our intelligence pro- adopted many of its important reforms fice, and they said: Did you see what is fessionals. There are men and women of our national security establish- going on? That is all they had to say, across our intelligence community who ment—reforms that no doubt were in- and that is all they did say. have devoted the past 10 years, and strumental in facilitating the joint and So many Americans have similar sto- many more before that, to finding bin collaborative operation to find and kill ries. We watched in horror on live tele- Laden. Despite setbacks and sacrifice, Osama bin Laden. I could not imagine vision as the second plane hit the despite the loss of leads and the death a greater contribution that the 9/11 World Trade Center and I knew some- of friends, regardless of whether the families could have made. thing we could never anticipate and trail was hot or cold, they woke up Of course, the death of Osama bin imagine had just happened to our great every day and carried on the fight. And Laden does not portend the elimination country. We didn’t know how our lives now we honor the fruits of their perse- of al-Qaida or the end of terrorist plots would change, but we knew they would. verance and sacrifice, even as they and attacks against our country. We In West Virginia, similar to States themselves remain hard at work—ex- must remain vigilant in our pursuit of all over the country, we are still ploiting the new information we have every enemy who would do harm to us mourning those we lost: a former WVU recovered, analyzing the new data, and and our friends and allies. And we shall quarterback and a WVU economics setting up the next operation. do so. But there is no denying that the graduate who were both killed in the I also want to offer my deepest con- death of Osama bin Laden will have a World Trade Center’s North Tower, a gratulations and appreciation to the significant impact in this long war. It Parkersburg High School graduate, a President and his national security will enable us to focus more of our young lady who perished in the South team. I credit them with making the time and attention and resources on Tower, and a Marshall University med- elimination of Osama bin Laden their others who would do us harm. Perhaps ical school graduate, a doctor who top priority—and for accomplishing it more importantly, it will enable our practiced, was killed when the airliner so impressively. Regardless of the myr- country to look more fully forward—to he was on crashed into the Pentagon. iad groups and parties and factions focus more completely on supporting Our thoughts and prayers will always into which we Americans divide our- the peaceful democratic awakenings be with them and their families. selves on a daily basis, the killing of that are sweeping the Middle East and Just like our world changed that ter- Osama bin Laden is a national triumph North Africa, which are the greatest rible day, it has changed yet again and all Americans should feel proud repudiation of al-Qaida that we ever with the killing of Osama bin Laden. It and appreciative of the leadership could have imagined or hoped for. means something different to each of shown by President Obama and his If there is any consolation in the fact us. Osama bin Laden’s death cannot team on this matter. that Osama bin Laden lived as long as bring back the thousands of lives that I specifically want to credit the he did, it is that he got to witness were lost that fateful day or the ones President with ordering an airborne as- Arabs and Muslims by the tens of mil- who have been lost at the hands of al- sault by ground forces rather than aer- lions rising up to demand justice and Qaida since. It cannot repair the an- ial bombardment. It would have been a dignity, not through suicide bombings guish so many have suffered as a result lot easier to simply turn bin Laden’s and mass murder, but through peaceful of the evil and hatred Osama bin Laden compound into a smoldering crater, change, political freedom, and eco- espoused. but it would have denied us the cer- nomic opportunity—the very ideas that But it is justice, and I hope this Na- tainty we now have that bin Laden is bin Laden’s perverse and murderous tion and the families of those who were dead. It took real courage to assume ideology seeks to destroy. That could lost on September 11 can take solace in the many risks associated with putting be the truest death knell of al-Qaida, that fact. boots on the ground, and I strongly and I for one am very happy that Let me also say I am so proud of the commend the President for it. Osama bin Laden got to hear it—just resolve, the strength, and the fortitude I would be remiss if I did not also before a team of American heroes this Nation showed in pursuing the thank President Bush and the many of- ended his wretched life. mission to its end.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.037 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2608 CONGRESSIONAL RECORD — SENATE May 3, 2011 With the killing of Osama bin Laden, Some might think the success of this drive, the documents. The information the United States sent a message loud- raid means the end of the war on ter- he had surrounding him will tell us a ly and clearly: acts of terrorism ror. But as the President has said, the lot about his contacts, and who knows against this Nation will not go death of Osama bin Laden does not what it might tell us about the net- unpunished. If you seek to do harm to mean the death of al-Qaida. Our intel- work of al-Qaida. The President could this country or if you plan to hurt the ligence community and armed services have made a decision to bomb the com- people of our great Nation, we will find must keep up the pressure on al-Qaida pound. I guess we would be sifting you and, I assure you, justice will be and associated terror networks. through the ashes today to see if served. Osama bin Laden launched this war Osama bin Laden was there. We might While this success belongs to all of on the false assumption that America have been able to confirm that, but we us, I especially thank the teams of peo- didn’t have the stomach for the fight. would not have been able to confirm all ple who united to accomplish this most On Sunday night, he learned how the information the SEAL team was important goal. President Obama and wrong he was. able to take with them. These are two his advisers completed the mission, and This week, America showed the world important decisions made by the Presi- I congratulate him for that. He was the we meant it when we said we would not dent. I think the decision to bury one who made the difficult decision to rest until justice was done to those Osama bin Laden in an unknown spot order this mission, and he made the who carried out the 9/11 attacks. but with the kind of respect his own re- right call. A generation of patriots has pursued ligion required was also another good Immense credit must also be given to al-Qaida for more than a decade, driven decision. I want to be supportive of the all the people in the intelligence com- by the idea that every day is Sep- President and the decisions made. munity who have worked tirelessly to tember 12, 2001. That spirit must per- There are times when a Predator track down the world’s most wanted sist. missile is the right thing to use and terrorist. I also congratulate Presi- Once again, I commend the President times when it is not. One of the things dents Clinton and Bush and the com- on his decision to go through with this we see from the death of bin Laden is mitment their teams showed in fight- mission. Above all, I thank the re- that there is value to capturing our en- ing the war on terror. markable group of men who carried it emies and getting information from Finally, I hope we sustain the spirit out. them. That thread of information that of unity we all feel at this moment to Not to be forgotten are the thousands began maybe as long as 9 years ago fi- put politics aside and remind Ameri- of uniformed Americans in Afghani- nally was able to unravel in a way that cans that as a great nation, we become stan, Iraq, and across the globe, defend- made the connection that needed to be greater when we unite behind a com- ing America’s interests as we consider made so that Osama bin Laden could be mon purpose. this resolution today. found, so that justice could be done, so For these reasons, I strongly support The resolution reaffirms the Senate’s that the price would be paid by him, as S. Res. 159. May God continue to bless commitment to eliminating safe ha- it has been paid by so many others in the United States of America. vens for terrorists in Afghanistan and defense of freedom. I yield the floor and suggest the ab- Pakistan, and we are reminded of the Certainly, there are questions today sence of a quorum. difficult work that remains. But today, about Pakistan, but there is no ques- The PRESIDING OFFICER. The those who remember the horror of 9/11 tion that Pakistanis have died fighting clerk will call the roll. take a certain satisfaction knowing alongside Americans in the last decade. The assistant editor of the Daily Di- that the last thing Osama bin Laden There is no question that Pakistanis gest proceeded to call the roll. saw in this world was a small team of have been the victim of terrorism. Mr. MCCONNELL. Mr. President, I Americans who shot him dead. The Hopefully, this will be a moment that ask unanimous consent that the order brave team who killed bin Laden made brings all of those who should want for the quorum call be rescinded. freedom to the same side. The PRESIDING OFFICER. Without their Nation proud, and they deserve I just returned from a quick visit to objection, it is so ordered. the Senate’s recognition and its praise. Egypt, which could very well be on the Mr. MCCONNELL. Mr. President, I Mr. President, I yield the floor. right path in the Middle East, a path think most Americans are proud that The PRESIDING OFFICER. The Sen- where, without violence, people stand the man who orchestrated the 9/11 at- ator from Missouri. and want more freedom, they want de- tacks and then reveled in the horror of Mr. BLUNT. Mr. President, I stand, mocracy. That is not the goal of the that day is dead. as every Member of this Senate does Today, we recognize the dedicated today, I am sure, in support of not only extremists of Islam, for whom Osama work of the many intelligence profes- this resolution but everything this res- bin Laden became the great symbol. We do not believe Osama bin Laden sionals, law enforcement officials, and olution stands for. has been in operational control of al- the many men and women in our armed The elimination of Osama bin Laden Qaida for some time. It would be won- services who brought us to this day. as a symbol of murder, of tyranny, of The pursuit of Osama bin Laden repression is an important moment. It derful if we find out in the next few spanned more than a decade. Following is a moment that came 10 years after it days that he was and the terror of al- the attacks of September 11, the Sen- should have. If we could have found Qaida would be eliminated. I do not ate voted 98 to 0 to authorize the use of Osama bin Laden 10 years ago when we think we will find that out. But we do force against al-Qaida—an authoriza- were looking for him, 9/11 might not know he was a symbol in a way that is tion that is still in force today. have occurred. But it did occur. unique, in the way he symbolizes this At the time, President Bush enjoyed The message for him and the message wrong view of the future, the way he the support of a nation united behind for others is you cannot hide from the symbolizes the wrong view of the re- the decision to pursue al-Qaida and to forces of freedom and democracy. This quirement that everybody living to- drive the Taliban from power. was a moment when the forces of free- gether be exactly the same. We, unlike We should be equally united today in dom and democracy triumphed over any other country in the world, defy honoring those brave Americans who the forces of repression. This was a mo- that view of the future. We have proven are committed to preventing further ment when the symbol of one view of like no other country has ever proven attacks upon our homeland. the future was eliminated with the that people can live together in great While bin Laden and his followers kind of violence he himself had per- diversity, that people can live together were building their terror networks, we petrated on so many others. with different points of view, and we were patiently and diligently building The President made a great decision can live in a society that still flour- our intelligence capabilities. to send this team of the best of the ishes. Of course, we are the enemy of a Following the successful raid on Sun- best into this compound to find Osama world view that that is not possible. It day, those who remain committed to bin Laden, to know for sure face to face is not because of anything we have al-Qaida and associated terrorist that he was either going to be captured done to the extremists in the world groups should know that one day they by Americans or, in this case, killed by community; it is because of who we too will share bin Laden’s fate. Americans, to be able to take the hard are.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.038 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2609 Yesterday, the message of who we are little more than a day and a half ago. The PRESIDING OFFICER. Is there a was registered again in a powerful way Mr. President, 91⁄2 years after the worst sufficient second? There is a sufficient as we all over this country and people morning in our memory, we woke up second. all over the world talked about what yesterday morning to a world without The question is on agreeing to the happened the evening before, certainly Osama bin Laden and with a palpable resolution. not only the SEALs who went into the sense of justice. The clerk will call the roll. compound to see that justice was done Our military and intelligence The assistant legislative clerk called but also all of those who are willing to operatives are the best in the world at the roll. serve, those who could have been what they do. As they set out to kill or Mr. DURBIN. I announce that the among the elite who went in or all capture our most valuable target, they Senator from Hawaii (Mr. AKAKA) is those who have served, the over 4,000 captivated us with their skill and ex- necessarily absent. Americans, including many Missou- pertise, their patriotism, and their pro- Mr. KYL. The following Senators are rians, whose lives have been lost in the fessionalism. necessarily absent: the Senator from last decade, in addition to the 3,000 A flood of thoughts and emotions and Illinois (Mr. KIRK) and the Senator lives that were brutally taken by the analyses have been shared over the from Nevada (Mr. ENSIGN). operatives of al-Qaida and Osama bin past 36 hours by many. As I said from The PRESIDING OFFICER. Are there Laden on September 11, 2001. this desk yesterday, the end of his life any other Senators in the Chamber de- This resolution that recognizes the is not the end of this fight. It is a vic- siring to vote? courage to bring justice, that recog- tory, but it is not ‘‘the victory.’’ The result was announced—yeas 97, nizes the evil that was done by Osama A lot has already been said about nays 0, as follows: bin Laden and his followers, that rec- what bin Laden’s death means. So be- [Rollcall Vote No. 63 Leg.] ognizes the importance of freedom and fore we vote on this resolution, let me YEAS—97 democracy in a society is a resolution speak briefly about the American men Alexander Gillibrand Murkowski and women who carried out this crit- Ayotte Graham I am proud to support. I am proud of Murray ical successful mission—a mission that Barrasso Grassley Nelson (NE) what the men and women did for us in was historically significant and Baucus Hagan Nelson (FL) executing this well-planned mission, Begich Harkin tactically stunning. Paul but also of everybody who serves every Bennet Hatch Portman Osama bin Laden was the most want- Bingaman Hoeven day, for all the families who have a Pryor ed and most hunted man in the entire Blumenthal Hutchison Reed missing place in their hearts, for some- Blunt Inhofe world. His was the face of our enemy Reid Boozman Inouye one whose life was lost serving this Risch and the face of evil. There were few Boxer Isakson country, for all the families who live Roberts faces more recognizable to the Amer- Brown (MA) Johanns with someone with a disability because Brown (OH) Johnson (SD) Rockefeller ican people and to the citizens of the Rubio of the kind of war we are in now. world. Those who carried out the or- Burr Johnson (WI) I am pleased to stand here rep- Cantwell Kerry Sanders ders of the Commander in Chief this Cardin Klobuchar Schumer resenting my State but hopefully rep- weekend could not be more different. Carper Kohl Sessions resenting, as all of us do, the forces of The world doesn’t know their names. Casey Kyl Shaheen Chambliss Landrieu Shelby freedom and democracy that will ulti- We wouldn’t recognize them if we mately triumph over the forces of re- Coats Lautenberg Snowe passed them on the street today. That Coburn Leahy Stabenow pression and murder and chaos that is exactly how they would want it. Cochran Lee Tester one-world view would try to perpet- This is the newest proud page in a Collins Levin Thune Conrad Lieberman uate. We recognize today another step long story of the American hero—the Toomey against that view of the world. Coons Lugar Udall (CO) unknown soldiers, the unsung saviors Corker Manchin Udall (NM) I yield the floor, and I suggest the ab- Cornyn who sacrifice for our country’s flag and McCain Vitter Crapo McCaskill sence of a quorum. our country’s freedom. They do not ask Warner DeMint McConnell The PRESIDING OFFICER. The Webb for recognition, and they do not ask Durbin Menendez clerk will call the roll. questions. They just answer the Nation Enzi Merkley Whitehouse The assistant Daily Digest editor Feinstein Mikulski Wicker when it calls. Wyden proceeded to call the roll. Today the Senate stands in awe of Franken Moran Mr. REID. Mr. President, I ask unan- the countless men and women who NOT VOTING—3 imous consent that the order for the have toiled in obscurity, in the field Akaka Ensign Kirk quorum call be rescinded. and in every corner of the world; pro- The PRESIDING OFFICER. Without The resolution (S. Res. 159) was fessionals who gather one small shred agreed to, as follows: objection, it is so ordered. of evidence here and another clue there S. RES. 159 Mr. REID. Mr. President, those and pursue another lead somewhere watching around the world may not be else; the men and women who, over the Whereas, on May 1, 2011, United States per- sonnel killed terrorist leader Osama bin able to see on their screens the scene in course of 10 long years, pieced together the Senate today. We have all come to Laden during the course of a targeted strike the most meaningful of puzzles so that against his secret compound in Abbottabad, the floor in a way we rarely do. We a few dozen of their fellow heroes could Pakistan; have come this afternoon to express execute an operation the world will Whereas Osama bin Laden was the leader with one voice our endless respect and never forget. of the al Qaeda terrorist organization, the admiration for the men and women of These heroes confronted fear with most significant terrorism threat to the our military and our intelligence orga- brilliance and bravery. They met the United States and the international commu- nizations. worst of humanity with the best of nity; ‘‘Resolution’’ is an appropriate name America. The terrorists who carried Whereas Osama bin Laden was the archi- for this legislation that is now before tect of terrorist attacks which killed nearly out the 9/11 attacks did so with cow- 3,000 civilians on September 11, 2001, the this body. It honors the resolution to a ardice. The Americans who carried out most deadly terrorist attack against our Na- problem that has lingered for nearly a this mission did so with unfailing cour- tion, in which al Qaeda terrorists hijacked decade, one whose weight has grown age. four airplanes and crashed them into the heavier each day on the shoulders of No one has asked how these men and World Trade Center in New York City, the the families whose lives were trauma- women vote or what their politics are. Pentagon in Washington, D.C., and, due to tized and the many more bin Laden So we have come to the floor today to heroic efforts by civilian passengers to dis- terrorized. It honors the resolve with vote together on this resolution not as rupt the terrorists, near Shanksville, Penn- which our bravest stared down danger. two parties, not even as 100 Senators, sylvania; The world is still absorbing Amer- Whereas Osama bin Laden planned or sup- but as one body representing one grate- ported numerous other deadly terrorist at- ica’s astounding accomplishment—the ful country. tacks against the United States and its al- mission to bring Osama bin Laden to Mr. President, on this resolution, lies, including the 1998 bombings of United justice, one that began more than 91⁄2 Senator MCCONNELL and I ask for the States embassies in Kenya and Tanzania and years ago and was accomplished just a yeas and nays. the 2000 attack on the U.S.S. Cole in Yemen,

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.040 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2610 CONGRESSIONAL RECORD — SENATE May 3, 2011 and against innocent civilians in countries sider are considered made and laid found him to be among the best attor- around the world, including the 2004 attack upon the table. neys of the State, a pillar of our com- on commuter trains in Madrid, Spain and the f munity, one of the most generous phi- 2005 bombings of the mass transit system in lanthropists in our State—and in most London, England; MORNING BUSINESS Whereas, following the September 11, 2001, cases anonymously—and in many cases terrorist attacks, the United States, under The PRESIDING OFFICER. The Sen- not simply writing a check but stand- President George W. Bush, led an inter- ate will proceed to a period of morning ing in a soup line early in the morning national coalition into Afghanistan to dis- business, with Senators permitted to handing out food to people who need it, mantle al Qaeda, deny them a safe haven in speak for up to 10 minutes each. without acclaim, without fanfare. This Afghanistan and ungoverned areas along the The Senator from Illinois. is the character of the individual, and Pakistani border, and bring Osama bin Mr. DURBIN. I suggest the absence of character, I think, ultimately is the Laden to justice; a quorum. test of a judge. He has a true desire to Whereas President Barack Obama in 2009 The PRESIDING OFFICER. The committed additional forces and resources to serve this country. efforts in Afghanistan and Pakistan as ‘‘the clerk will call the roll. Indeed, Mr. McConnell has practiced central front in our enduring struggle The assistant legislative clerk pro- law for decades. He has never been sub- against terrorism and extremism’’; ceeded to call the roll. ject to an ethics claim, a malpractice Whereas the valiant members of the United Mr. REED. Madam President, I ask claim, a rule 11 motion, and most im- States Armed Forces have courageously and unanimous consent the order for the portantly he has never had a motion vigorously pursued al Qaeda and its affiliates quorum call be rescinded. for sanctions filed against him con- in Afghanistan and around the world; The ACTING PRESIDENT pro tem- cerning his conduct in any litigation in Whereas the anonymous, unsung heroes of pore. Without objection, it is so or- the intelligence community have pursued al which he has been involved. He has a Qaeda and affiliates in Afghanistan, Paki- dered. spotless record. stan, and around the world with tremendous f Moreover, we selected Mr. McConnell because we knew, based upon all of his dedication, sacrifice, and professionalism; NOMINATION OF JOHN J. Whereas the close collaboration between personal background, his sworn testi- MCCONNELL the Armed Forces and the intelligence com- mony, that he will follow the prece- munity prompted the Director of National Mr. REED. Madam President, I rise dents of the law and of the First Cir- Intelligence, General James Clapper, to today in support of the nomination of cuit Court of Appeals and of the United state, ‘‘Never have I seen a more remarkable John ‘‘Jack’’ McConnell to serve as a States Supreme Court. This is not example of focused integration, seamless col- district court judge in the State of something we take lightly and it is not laboration, and sheer professional magnifi- Rhode Island. We have heard and we cence as was demonstrated by the Intel- something Mr. McConnell takes light- ligence Community in the ultimate demise will hear a number of very strong ly. We know and he knows that when of Osama bin Laden.’’; statements about this nomination. I you step upon the bench you assume Whereas, while the death of Osama bin would argue very vociferously that huge responsibilities. You have to not Laden represents a significant blow to the al many assertions that have been made only appear to be impartial, you have Qaeda organization and its affiliates and to are inaccurate at best and they are not to in every word and deed go the extra terrorist organizations around the world, shared by the legal and business com- mile to demonstrate that impartiality, terrorism remains a critical threat to United munity in Rhode Island. In fact, Jack that you are not favoring anyone. He is States national security; and McConnell is supported publicly and Whereas President Obama said, ‘‘For over prepared to do that. In fact, I think two decades, bin Laden has been al Qaeda’s enthusiastically by the two former Re- that is part and parcel of the nature of leader and symbol, and has continued to plot publican attorneys general of Rhode Is- this gentleman. attacks against our country and our friends land, Arlene Violet and Jeffrey Pine. Now, we have to stop here and ask and allies. The death of bin Laden marks the He is not opposed by the Greater Provi- ourselves collectively, do we want to most significant achievement to date in our dence Chamber of Commerce, which go ahead and take this step of cloture Nation’s effort to defeat al Qaeda.’’: Now, knows him and has worked with him. for district court nominees? Do we therefore, be it He is supported by our legal commu- Resolved, That the Senate— really want to add another front in the (1) declares that the death of Osama bin nity and our business community. He battle of partisan political ‘‘gotcha’’? Laden represents a measure of justice and re- has received the strong endorsement of Do they really want to cast aside, for lief for the families and friends of the nearly our leading newspaper, the Providence example, the blue slip process which al- 3,000 men and women who lost their lives on Journal, which has a record of modera- lows Senators from a home State, par- September 11, 2001, the men and women in tion, indeed if not conservatism, in ticularly with a district judge, to say the United States and around the world who terms of their judgments about judicial yea or nay? It is a process that has have been killed by other al Qaeda-sponsored candidates and some issues, but cer- been in the Senate, in the informal cul- attacks, the men and women of the United tainly moderation. States Armed Forces and the intelligence ture of the Senate for years and years. community who have sacrificed their lives Later, Senator WHITEHOUSE and I will Do they want to deny a nominee who pursuing Osama bin Laden and al Qaeda; respond specifically about the asser- has been reported out of committee on (2) commends the men and women of the tions and concerns, but I think it is a bipartisan vote three times, not once, United States Armed Forces and the United time at this juncture to make a few an up-or-down vote? I heard and I have States intelligence community for the tre- brief points about where we are at this heard for years—particularly under mendous commitment, perseverance, profes- Senate. We are at a point where we President Bush—many people coming sionalism, and sacrifice they displayed in might be crossing a bridge from which to this floor and claiming everyone bringing Osama bin Laden to justice; we cannot return; that, unlike our pre- (3) commends the men and women of the who is nominated and comes out of United States Armed Forces and the United vious history, district judges will be committee deserves an up-or-down States intelligence community for commit- subject routinely to cloture motions vote, particularly a district court ting themselves to defeating, disrupting, and because one faction or another decides, nominee, especially a district court dismantling al Qaeda; not on the merits but procedurally, nominee. So this is where we are (4) commends the President for ordering they should not go forward. poised—to reject all of them, to enter a the successful operations to locate and Let me make a few points. Senator new dimension of controversy and con- eliminate Osama bin Laden; and WHITEHOUSE and I recommended Mr. flict in the Senate. (5) reaffirms its commitment to disrupting, McConnell to the President after pub- We have a long history in the Senate dismantling, and defeating al Qaeda and af- filiated organizations around the world that licly seeking applicants, talking to at- of precedents and tradition when it threaten United States national security, torneys throughout our State, inter- comes to nominations, particularly eliminating a safe haven for terrorists in Af- viewing almost every single applicant. district court nominations. In my ghanistan and Pakistan, and bringing terror- We took this decision seriously, as you State, my predecessors, men such as ists to justice. would expect. We know it is a reflec- John Chafee and Claiborne Pell and The PRESIDING OFFICER. Under tion both upon ourselves and upon our Lincoln Chafee and John Pastore, the previous order, the preamble is State. From this pool of applicants we clearly adhered to those standards. agreed to and the motions to recon- selected Mr. McConnell because we And we have a record—a strong record

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They have come from a vast consider, there have been only three which is necessary to maintain, not to array of legal backgrounds and profes- cloture votes on Senate nominees for abandon. sions. One thing they have had in com- district courts in the history of the I yield the floor. mon, and which is shared by Jack Senate—three times. Tomorrow will be The ACTING PRESIDENT pro tem- McConnell, is integrity and commit- the fourth. Oh, by the way, all three of pore. The Senator from Rhode Island. ment to the law. And that we insist those individuals ultimately received Mr. WHITEHOUSE. Madam Presi- upon. confirmation. It appears from our re- dent, I know I am in Senator We have long recognized that these construction that they were caught up LANDRIEU’s time. I appreciate my district judges serve a critical role, and in a procedural discussion of who friend’s willingness to allow me just a I think we all recognize, too, here as should go first; this person should not moment to associate myself with the Senators that this is a special role of go first until others had been consid- eloquent and thoughtful remarks of my the home State Senator. We under- ered. All three, after the procedural senior Senator and to urge all of my stand that at the circuit level, when votes on cloture, were confirmed. colleagues, before we steer this body judges have to consider issues of con- But it is quite clear that at least on off the precipice to which he referred, stitutionality, where major policies the part of some, this cloture vote to- to give his words their very careful and issues could be resolved—in fact, fi- morrow is designed to stop and end the objective consideration. nally resolved, at least for that cir- confirmation of Mr. McConnell. That I thank the distinguished Senator cuit—we understand there is another would be a first as far as we know in from Louisiana. added dimension. But with district our reconstruction of the history of the I yield the floor. courts, we have traditionally recog- Senate. The ACTING PRESIDENT pro tem- nized the judgment of not only the So we are facing this question, the pore. The Senator from Louisiana. local Senators but the judgment of the question of whether we want to estab- f local legal community. And once lish this precedent, whether we want to SBIR/STTR again, here, both the legal community disregard the record of this individual, in Rhode Island and, I cannot emphasis who is a man of integrity and honor, Ms. LANDRIEU. Madam President, I enough, two former Republican Attor- who is strongly supported by our local would like to speak for the next few neys General, who know him well, who business community, who is strongly minutes as in morning business about have observed him closely, have come supported by Republican officeholders the subject that has been before the forward of their own volition and en- as well as Democratic officeholders, Senate now for 5 weeks. In some ways, thusiastically supported his candidacy. who has gained the trust and the re- it is unprecedented that a bill of only They know him as a lawyer. They spect of those who know him best, and 100 pages would actually take up 5 know him as a man of integrity and who will serve with distinction and in- weeks of the Senate’s time. And you honor and decency. tegrity on the District Court for the know as a member of the Small Busi- There are a number of my colleagues District of Rhode Island. ness Committee, Madam President, on the other side who recognize this, That is the big issue we face tomor- how important, although only 100 and they have been very forthright in row. Later, we will come down and we pages and although only in the law making the point about the precipice will respond to those issues of specific since 1982, this program is not just to that we are on and how that is not a detail. But I can recall not too long ago the Federal Government but to the precedent we want to establish. I thank when there was a group of Republicans taxpayers who are relying on this to them for that. I thank them for their and Democrats who came together and spend their money wisely on their be- consideration. They have literally ad- decided that these types of decisions half, and they are looking to us to pro- hered to consistently—not just in the should not be subject to procedural de- mote and extend the life of programs past but now—the notion that when a feats, but they should be based on the that actually work and return a great judge is given a qualified approval by merits. That was the Gang of 14’s work investment to them, particularly in the ABA, when a nominee goes through on trying to pull together a consensus these challenging budget times and the committee, comes to this floor at on judges. I also know that both Sen- economic times. the district level, that is when a vote ator REID and Senator McConnell are This program, which was created by should take place. And how you vote working with a group of people on a bi- Senator Warren Rudman for the spe- on final passage is a function of many partisan understanding regarding exec- cific purpose of stimulating techno- things—your judicial philosophy versus utive nominations—not judicial nomi- logical innovation, encouraging great- their judicial philosophy, your view of nations but executive nominations. er utilization of small businesses to the judgment they have and the re- These are very hopeful and positive meet Federal research and develop- sponsibility a district judge has. signs. I hope we can build on that proc- ment needs, and to increase private Now, I think we have again been en- ess and not tomorrow take a step sector commercialization of innova- gaged in difficult debates, and they which I think historically is atypical, tions derived from Federal research have been particularly difficult when it unique, in fact, a step in the very and development, is a law that we must has come to the circuit court. I do wrong direction. find a way to reauthorize. We are well think we recognize collectively that We will come back again, and we will overdue. We have now passed the au- because of the nature of the circuit talk about the specifics of Mr. McCon- thorization point by 3 years. court, there is a difference. This is the nell’s nomination and these assertions. We have been unable to reauthorize gateway, and many times, the cases But all of these allegations cast, again, this important program. It looks as if never go beyond the circuit court. Con- not only a cloud upon Mr. McConnell we may be stuck again although the stitutional law, principles that apply but on the ABA process which looks major arguments about this bill have to whole circuits are affirmed by these very carefully at a candidate in terms been resolved. We are actually not ar- panels of judges, and there is a dif- of their judicial skill but also their guing over the nuts and bolts of this ferent standard. But we have never character, their integrity, their ability bill. Is that not sad, that all of the ar- really applied that standard to the dis- to serve, and the process here in the guments about what percentage ven- trict court. We have relied—all my col- Senate through the committee process. ture capitalists should get, by what leagues have—on the ability of home So I would hope that we can favor- amount we should increase the alloca- State Senators, together with their ably consider—in fact, I would hope, as tion—we have worked through all of local lawyers, together with their local is typical, that we would move quickly those because we have worked in good

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.050 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2612 CONGRESSIONAL RECORD — SENATE May 3, 2011 faith. We have compromised, Demo- more in taxes annually to the Federal thing we have passed in our committee crats and Republicans. Government than the entire budget of has been with bipartisan support. The The bill passed out of our committee the SBA. same with this bill: It comes out 18 to I believe 18 to 1. Authoring this piece of You would ask yourself: So what is 1. legislation is myself, the chairperson, the problem? Why can’t we get this bill I will finally say for the record—and Senator SNOWE, a strong supporter of passed? I can only say we have Mem- will submit this letter for the the underlying bill—let me get the bers who think they need to have votes RECORD—I was asked by Senator other cosponsors. Senator LEVIN is a or discussion on 187 amendments that COBURN, who has been cooperative ac- cosponsor. Senator BROWN of Massa- have nothing to do with this bill, and tually—although he has had quite a chusetts is a cosponsor. Senator they think the majority leader is being few amendments, he has been very KERRY, the former chair, is a cospon- unreasonable when he tries to bring open to negotiation—but he sent me a sor. The Presiding Officer is an original this to an end. letter on January 26, and it basically cosponsor. I thank you. The new Sen- As chair of this committee, I have to says: I would like to help you pass your ator, your junior Senator from New say again—and I am going to end with SBIR bill, but would you please get it Hampshire, is an original cosponsor. this—this recession we are in will out of your committee clean because I Senator CARDIN. Senator PRYOR. So we never end—never end—and the budget do not want other extraneous things have a good number of Republican and deficit that is crushing the economic attached to it because there are ‘‘less- Democratic Senators. potential of this Nation will never be er’’ programs—he said—that I do not This is the bill. It is 100 pages. The eliminated if we do not create jobs in support. But I support this one. sad thing is that in 5 weeks, we have America. He is not a member of the com- had over 150 amendments filed on this This program is a job-creating ma- mittee. He said: Senator, if you can get bill. Very few of them have anything to chine that is being shut down by this it out clean, then maybe I can support it on the floor. do with this bill. That is more amend- inability of us to come to terms over So what do I do? I tell all my Mem- this debate. It is a shame because ev- ments than there are pages of the bers: I am sorry. You cannot have the eryone is counting on us—not just my original bill. And you can understand amendments in committee. I am sorry. committee, but the Small Business why the majority leader, Senator REID, We cannot attach anything to this bill cannot allow a vote on all 150 amend- Committee is one of the important because I am trying to move a clean ments. We might be here for another committees here—to put this recession bill to the floor—only to get to the year, which is not fair to the Senate, it in the rearview mirror. I cannot do it if floor and have more than 150 amend- is not fair to Congress. There are other I cannot pass legislation. ments, most of which have nothing to important issues we have to get to. So If we want jobs, if we want innova- do with this bill put on this bill under we are trying to compromise. Senator tion, if we want to create the kind of the guise of: Well, we have to do it. We REID has been extremely patient trying jobs the SBIR Program—you can see need time on the floor to debate our to work with Republicans and Demo- here: SBIR-awarded firms add five issue. crats. And I think the last offer that times as many employees. These are Madam President, I ask unanimous was being considered would have made kind of our supercompanies. These are consent that the letter I referenced both sides even—with 12 amendments, companies, the smartest. They are on from Senator COBURN be printed in the an equal amount, for both sides, most the edge. They are the best. They have RECORD. of which have nothing to do with this gotten the attention of many smart There being no objection, the mate- bill but that we will accept votes on. people in the government. Yes, we do rial was ordered to be printed in the Actually, one big amendment, sig- have smart people who work for the RECORD, as follows: nificant amendment that had nothing Federal Government. These companies U.S. SENATE, to do with this bill has already been and their technology have become RUSSELL SENATE OFFICE BUILDING, voted on, agreed to, detached from this known, and they say: Gee, this is the Washington, DC, January 26, 2011. bill, and sent to the President, and he kind of technology that could change Hon. MARY LANDRIEU, has already signed it. And we are still this situation, save taxpayer money, Small Business Committee Chairman, U.S. Sen- on this bill. That was the repeal of 1099, and it has such commercial applica- ate, Washington, DC. DEAR SENATOR LANDRIEU: I wanted to which was almost unanimously sup- tion. Let’s give it an award. We might thank you for your letter regarding passage ported to repeal a very onerous provi- not be able to give it an award because of the SBIR/STTR reauthorization bill and sion of paperwork and regulation that we are stuck talking about 150 amend- oversight of the Small Business Administra- was not proper to put on the backs of ments that have nothing to do with tion (SBA). I appreciate your commitment to small businesses. And I am proud that this program, and the extension to op- review and eliminate fraud within programs I led, with others, the effort to repeal erate this program expires on May 31st. such as 8(a) and HUBZone, to streamline fed- I am sorry I cannot solve all the eral regulations and their burden on small that. That has been done. Yet we find businesses, and to eliminate wasteful and du- ourselves still not in complete agree- problems of the world in the Small plicative SBA programs that increase our ment that it is time to move on. Business Committee. I am very sorry. I debt and limit expenditures to more worthy I just wish to say a few more things. cannot solve all the health care prob- SBA programs. No. 1, every State will benefit when lems. I cannot resolve the debt situa- Thank you also for your letters, co-signed this program is reauthorized. Most im- tions. I cannot talk about sunset com- by Senator Olympia Snow, Ranking Member portant, taxpayers will see significant missions and the Gang of 6 and put of the Committee, to SBA Administrator Karen Mills and SBA Inspector General results. Let me just tell you one that is every piece of legislation in this bill. Peggy Gustafson regarding possible termi- quite startling but true and I want it We have to stay focused. We have been nations of wasteful and duplicative SBA pro- to be in the RECORD. moving some very good legislation out grams. I applaud your oversight and look One company that participated in of this committee, completely with bi- forward to working with you and Senator this program and received a small partisan support, with a few little Snowe to eliminate waste, fraud and duplica- grant many years ago and then re- bumps here and there. tion within SBA and to help small businesses ceived another grant to help them get The small business lending program excel. I believe that should there be another started, Qualcomm, is now one of the was not supported by the Republicans. broad extension of SBA programs such as most successful businesses in the We only had two Senators who crossed H.R. 366 in four months, any programs that world. That one company pays more the aisle to give us the 60 votes to do are not fulfilling their purpose, fail to con- taxes to the Federal Government every it. I understand it is controversial. Not sistently encourage sustainable private year than the entire budget of the everything here is done in such perfect growth, or have significant overhead costs Small Business Administration. Let me precision, but we still have high hopes should be eliminated. I do not believe long- repeat: One company, started in large for that program. Six hundred banks standing and popular SBA programs like SBIR/STTR should be lumped with lesser measure—not solely, but they testified have applied. We believe billions of dol- SBA programs. It is my hope that we can on the record in large measure—be- lars will be lent out and that debate is come to an agreement before another tem- cause of this program, was created. It still going on as the administrators porary extension bill is considered on what grew and grew and grew and now pays come up. But other than that, every- programs at SBA should be terminated.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.051 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2613 Again, thank you for your oversight and Mr. SHELBY. Madam President, I In DeKalb, Marion and Franklin for your consideration of my concerns. I look ask unanimous consent to proceed in Counties alone, we have seen nearly 100 forward to working with you this Congress. morning business for 8 minutes. deaths. Virtually every part of the Sincerely, The ACTING PRESIDENT pro tem- State was touched by storms, and all of TOM A. COBURN, M.D., pore. Without objection, it is so or- U.S. Senator. us were affected. The pain and loss that dered. families are experiencing are still Ms. LANDRIEU. I have tried to be f fresh. Many remain in shock. patient. I understand that. But I am However, we must also recognize that asking one last time—I am asking my TORNADO SYSTEM DISASTER IN ALABAMA Alabama was not the lone victim of the ranking member, I am asking the other storm. As we continue our cleanup and members of my committee, I am ask- Mr. SHELBY. Madam President, I recovery efforts, so do the people of ing my Democratic colleagues and Re- rise to thank my colleagues in the Sen- Tennessee, Mississippi, Georgia, Vir- publican colleagues—please, in the ate and countless others across the ginia, Louisiana, and Kentucky. Our next few hours, please, let your voice country for their outpouring of support thoughts and prayers are with all of be heard to your leaders—the minority and offers of assistance to my State of the affected States. We stand willing leader and the majority leader—and Alabama in this time of need. and able to assist you, as you have of- On April 27—this last week—an un- please try to come to some reasonable fered similar support to us. agreement. precedented tornado system struck the I want to reassure the people of Ala- I think the cloture motion is quite State of Alabama, claiming hundreds bama and all the affected States that of lives and destroying thousands of reasonable, the cloture motion Senator we will do everything we can on the homes and businesses. At last count, REID has put down. If we could agree to Federal level to restore life as it was 236 people in Alabama alone were dead, that, get 60 votes or more, we could before. My staff and I are working with with thousands more injured and a lot move on and pass this reauthorization, the State, FEMA, and the other Fed- missing. It will take many years and which is so important for job creation eral agencies to ensure as quick and ef- potentially billions of dollars for my in America. ficient a recovery as possible. State to fully recover from this cata- We are 3 years behind schedule—not 6 Thousands of Alabamians have months, not 8 months, but 3 years be- strophic disaster. We have received calls from my fel- opened their homes, donated supplies, hind schedule. We have been operating made contributions, and rushed to help this program—a very good program, low Senators, many of whom recently experienced destruction in their own in any way they could. After wit- one of the best—every 3 months, some- nessing the selfless generosity of com- times one month, sometimes a bit States due to floods and deadly storms, with offers of help. To those who have plete strangers and the sheer resilience longer, but people have to guess wheth- of those affected by the storms, I have er we are going to extend it. That is no reached out, I wish to offer my sincere gratitude on behalf of the people of never been more proud to call Alabama way to run an airline or a train or a my home. bus or even a two-seated car, for that Alabama. I also wish to thank Presi- dent Obama and FEMA Administrator It will take a lot of work and help matter. You have to have a long run- from volunteers, but I am convinced way here to get good things done and Craig Fugate for their swift response and commitment to restoring our that, together, we can overcome this to stop wasting taxpayer money and terrible tragedy. their time. State. Their words of encouragement to dis- Madam President, I yield the floor. So I am going to ask, please, let’s try aster victims during their visit to Ala- f to get cloture. bama helped ease the grief burdening Finally, the States that are most af- CONFIRMATION OF KEVIN HUNTER local families, and their work with fected—the Senators who represent SHARP AND SKIP DALTON Gov. Robert Bentley and Alabama these States might want to be heads Emergency Management Agency Direc- Mr. NELSON of Florida. Madam up—but Colorado, Maryland, Virginia, tor Art Faulkner has provided vital as- President, yesterday the Senate con- California, Ohio, Pennsylvania, New sistance during these difficult times. firmed the nominations of Kevin York, Florida, Texas and Alabama are This continued level of Federal coordi- Hunter Sharp to fill a judicial emer- among the States that benefit the most nation is critical to ensuring that Ala- gency vacancy on the U.S. District from this program. All our States ben- bama gets back on its feet as quickly Court for the Middle District of Ten- efit. Companies in my own State of as possible. nessee and Roy ‘‘Skip’’ Dalton to fill a Louisiana have received some of these I have never in my life seen such dev- judicial emergency vacancy on the U.S. awards and have gone on to hire hun- astation to the extent I saw during my District Court for the Middle District dreds, if not thousands, of people. But visit to my home State of Alabama re- of Florida. Though I was necessarily these other States have managed to ac- cently. Giant oaks lie flattened and absent from the vote, if present and tually get themselves to the front of splintered. Homes throughout the voting I would have voted ‘‘yea.’’ I the line. State were demolished, leaving thou- fully support the nomination of Mr. I thank Senator BROWN for his co- sands homeless and reliant on the Red Sharp to fill a vacancy in Tennessee, sponsorship of this bill. I thank other Cross, the Salvation Army, and others and I am pleased that Mr. Dalton was Senators from these States. But the for shelter. At one point last week, confirmed by unanimous consent. Texas and Florida and Alabama Sen- over 1 million Alabama residents were Roy Dalton, nominee for the Middle ators, the New York Senators, the Sen- without power—almost one-quarter of District of Florida, is currently a part- ators from Ohio and Pennsylvania, par- the State’s population. It was gut- ner at Dalton & Carpenter. Mr. Dalton ticularly, Massachusetts and Cali- wrenching to walk through scattered previously worked as a counsel to my fornia—the top of the list—have a lot rubble and realize it was once the site friend, Senator Mel Martinez of Flor- to lose if we cannot get this program of someone’s home or someone’s busi- ida, and had a long career in private reauthorized. ness. The scale and the magnitude of practice in Orlando, FL. I have known I yield the floor and suggest the ab- destruction can only be described as Mr. Dalton for many years, and I am sence of a quorum. hell on Earth. pleased that the Senate has acted on The ACTING PRESIDENT pro tem- In our State, while larger cities such his nomination. pore. The clerk will call the roll. as Birmingham and Tuscaloosa—my Madam President, the high level of The legislative clerk proceeded to hometown—suffered extensive damage, judicial vacancies puts at serious risk call the roll. so did other rural areas. Communities the ability of all Americans to have a Mr. SHELBY. Madam President, I such as Pratt City, Pleasant Grove, fair hearing in court. I congratulate ask unanimous consent that the order Concord, Rainsville, Hackleburg, Senator LEAHY and Senator GRASSLEY for the quorum call be rescinded. Cullman, and many others also in- on their leadership and hope that we The ACTING PRESIDENT pro tem- curred the wrath of the storm system can all continue to work together to pore. Without objection, it is so or- and are now trying to assess the extent address the backlog of judicial nomina- dered. of their damage. tions.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.005 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2614 CONGRESSIONAL RECORD — SENATE May 3, 2011 VOTE EXPLANATION institutions in which they serve. How- community for years. For his service, I Mr. UDALL of Colorado. Madam ever, in order for elected officials to am grateful. President, I was unable to return to fulfill their constitutional duties, Mr. COCHRAN. Madam President, I Washington, DC, and was therefore un- Members of Congress rely on many in- am pleased to recognize and commend able to cast a vote for rollcall vote No. dividuals and institutions whose work Joe Richardson for his dedicated serv- 62, the nomination of Kevin Hunter is vital to the basic functions of gov- ice as a Specialist in Social Policy at Sharp, of Tennessee, to be U.S. District ernment. These are individuals who the Congressional Research Service. The Congressional Research Service, Judge for the Middle District of Ten- often work in relative obscurity, but CRS, was formed in 1914 as a Federal nessee. Had I been present, I would whose contributions are often no less agency within the legislative branch to have voted yea to confirm the nominee. important than those of the more visi- ble actors and institutions who stand provide Congress with a nonpartisan f before the public. source of information. For nearly a HONORING OUR ARMED FORCES I rise today to recognize one such in- century, CRS has supplied valuable dividual who, over his decades-long ca- policy analysis to committees and STAFF SERGEANT JAMES A. JUSTICE reer of service at the Congressional Re- Members of both the House and Senate, Mr. GRASSLEY. Madam Presdient, search Service, the nonpartisan re- and it continues to play a vital role in it is with a solemn heart that I must search branch of the U.S. Congress, has all stages of the legislative process. honor the life and service of a soldier had provided a profound and lasting Joe Richardson has been with CRS from my home State today, SSG James contribution to the U.S. Congress. for nearly 40 years and has proven him- A. Justice of Grimes, IA. He was killed That individual, Joe Richardson, the self to be an expert agricultural policy by enemy small arms fire in Kapisa food and nutrition policy analyst of analyst, particularly with regard to Province, Afghanistan, at the age of 32. CRS, will soon be leaving CRS and I, our domestic food assistance programs. Staff Sergeant Justice died trying to for one, feel that it is not only impor- These programs address many needs of rescue the crew of a downed helicopter tant, but vital, for Joe to be recognized America’s poor, youth, and elderly, and that made a hard landing in Alah Say for his decades of public service to the continue to be very important in as- District, Kapisa Province, Afghanistan. U.S. Congress and to the American sisting our rural and underserved com- Staff Sergeant Justice has served in public. munities. Joe’s contributions through- the U.S. Armed Forces since September As a long-time member of the Agri- out his tenure have been invaluable in of 1998. He was assigned to Troop A, 1st culture Committee, on which I served this effort, and his insightful input will Squadron, 113th Cavalry, Camp Dodge, as both the chair and ranking Demo- undoubtedly be missed. Johnston, IA. He was deployed to Ku- crat on several occasions, my staff and As a member and former chairman of wait as part of Operation Desert Spring I relied heavily on Joe Richardson on the Senate Agriculture Committee, I in 2001, the Multinational Force Ob- numerous occasions. He provided tech- have greatly benefitted from Joe’s server peacekeeping mission in the nical assistance and professional judg- knowledge and experience. His exper- Sinai Peninsula, Egypt in 2003–2004, ment in the formulation of the nutri- tise has helped the committee formu- and Operation Iraqi Freedom in 2005– tion title of the 2002 and 2007 farm bills, late and pass a number of important 2006. He volunteered to deploy to Af- and also played a key role in the com- pieces of legislation, such as the past ghanistan in November of 2010. In Af- mittee’s successful enactment of the several farm bills which authorize a ghanistan, he was one of approximately 2004 and 2010 child nutrition reauthor- wide range of agricultural and food as- 2,800 members of the 2nd Brigade Com- ization. In each of these cases, Joe sistance programs. His timely reports bat Team, 34th Infantry Division. went above and beyond the call of and analyses have allowed Congress to Staff Sergeant Justice is survived by duty—in many cases enduring, like the better monitor, update, and improve his wife Amanda Jo and daughter rest of us, long, late night conference nutrition programs as economic condi- Caydence Lillian; his father and moth- committee meetings that would carry tions change and the need for effi- er Larry and Lillian Justice; a brother on for weeks, even months. As a result ciency greatens. and two sisters; as well as many other of his efforts, I can say with confidence We are forever grateful for Joe’s serv- family and friends. that, absent Joe’s efforts, the legisla- ice and commitment to agriculture Sergeant Justice’s family remembers tion that we produced would not have policy and the U.S. Congress, and I him as a caring individual who was been nearly as sound. More impor- wish him the very best in his future en- proud of the work he was doing for his tantly, because of Joe’s help, each of deavors. country. He wanted nothing more than these pieces of legislation succeeded in Mr. LUGAR. Madam President, from to serve side by side with his brothers its core mission—helping to ensure 1987 until 2002, I served as either the and sisters in arms. His fellow soldiers that millions of Americans are able to chairman or ranking minority member remember him as a charismatic, nat- obtain a sufficient and nutritious diet. of the Senate Committee on Agri- ural leader and an integral part of his Each of us, in one way or another, culture, Nutrition and Forestry. The unit’s community. The loss of Sergeant takes for granted the work of others as jurisdiction of the committee is quite Justice is one that will be felt not only we do our own jobs. This is not because broad. One important portion of that by his family and loved ones but by the their efforts are not noticeable, but jurisdiction is food and nutrition pro- entire Iowa Army National Guard and rather, because the efforts are so con- grams. all those that were privileged enough sistent and steadfast, carried out with During my years of service on the to have known him. humility and without any expectation Agriculture Committee, the committee My thoughts and prayers are with of praise or recognition. This is exactly has considered several significant the Justice family in this incredibly how Joe has carried out his duties over changes in the food and nutrition pro- trying time. While words cannot ex- the years. But I would be remiss in not grams. However, one constant presence press the debt that we as a Nation owe taking the opportunity to stand up and throughout all those changes was Joe to Sergeant Justice and his family, I thank Joe for his truly remarkable Richardson of the Congressional Re- would like to take this time to remem- service to the Congressional Research search Service. Now, after 40 years at ber the sacrifice that he made so that Service, to Congress, and to the coun- the Congressional Research Service, we can enjoy the freedoms that this try. I have no doubt, after such long Joe has decided to retire. Nation provides. service, that moving on to new oppor- Joe’s thorough knowledge of the his- f tunities and challenges is not without tory and programmatic details of nu- its bittersweet moments for Joe. But I trition programs was vitally important TRIBUTE TO JOE RICHARDSON know that Joe can move on to these in those deliberations. Moreover, his Mr. HARKIN. Madam President, challenges secure in his knowledge cogent, thoughtful, and nonpartisan when most people think of how our that he has discharged his duties with analysis was respected on, and sought government works, they tend to think the utmost professionalism and com- after by, both sides of the aisle, both of the elected officials, the President, petence. He has been a pillar of the chambers of Congress, and within the Senators, House Members, and of the food and nutrition assistance policy administrations of both parties. During

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Madam President, I us as we begin work on the 2012 farm f rise to congratulate Joe Richardson on bill. He is a wonderful example of a WORLD PRESS FREEDOM DAY 2011 his pending retirement. Joe exemplifies great public servant, and I wish him the meaning of public servant. I have well in his retirement. Mr. LEAHY. Madam President, served as chairman and ranking mem- Mr. LEAHY. Madam President, there today, people from across the country ber of the House Committee on Agri- is an old saying that ‘‘where there is a and around the world celebrate World culture, and today I serve as the rank- will there is a way.’’ That was very Press Freedom Day—a time to com- ing member of the Senate Committee true of the many pieces of legislation I memorate and honor the principles of on Agriculture, Nutrition, and For- worked on as chairman and ranking freedom of expression. World Press estry. All along the way, Joe has member of the Senate Agriculture Freedom Day was established by the served the Congressional Research Committee. The Senate Agriculture United Nations General Assembly in Service and thereby the Congress with Committee has proven time and again 1993 and provides an important oppor- excellence and distinction over the that Congress can work together when tunity for us all to remember the jour- course of 40 years. His focus has in- it wants to get a job done. nalists and other members of the news cluded the nutrition assistance pro- But I have to share with you that we media—of all nationalities—who have grams, almost from their inception. had a secret weapon, at least when it sacrificed their personal safety, and in From programs ranging from SNAP, came to the farm bill nutrition titles some cases their lives, to ensure the WIC, school meals, and faith-based ini- and the child nutrition bills. I know free flow of information to the public. tiatives, Joe is a recognized expert, a that we would have had a much tough- The Nation’s Founders prized and prolific writer, and unparalleled in his er time getting that job done success- protected a free and vibrant press. Its field. fully without the assistance and tech- prominence is found in the first amend- A nonpartisan professional, Joe has nical expertise of Joe Richardson of the ment of the Constitution. Since the been an invaluable resource for Mem- Congressional Research Service. Since founding of this great Nation, Amer- bers and staff and has regularly been 1971 Joe has played an important part ican journalists have courageously doc- relied upon to navigate the complex- of nutrition policy discussions and has umented volatile turning points in our ities of statutes, rules, and regulations, played a key role behind the scenes history and the world’s history. Elijah and the myriad of forms public assist- working on countless pieces of legisla- Lovejoy, the first of too many Amer- ance has taken over the last several tion over these past four decades, in- ican journalists who have paid the ulti- decades. From farm bills to child nutri- cluding seven farm bills. As a member mate price in service to press freedom, tion reauthorizations and related legis- of the Agriculture Committee during remains a stalwart figure in media his- lation in-between, he has been a com- most of those 40 years, including turns tory, even today. pendium of information on the ideas as chairman and ranking member of The International Federation of generated, efforts attempted, reforms the Agriculture Committee, I have Journalists reports that at least 94 enacted, and the effects and changes to been fortunate to benefit innumerable journalists and other members of the society our laws have made. He is a times from Joe’s institutional memory media have been killed in the line of tribute to his profession, and our Na- and impressive encyclopedic knowledge duty during 2010. Countless others have tion is a better place to live for all of our Nation’s critical nutrition pro- been detained or arrested simply for Americans as a direct result of his ef- grams. performing their professional duties. forts. Very few Americans have ever heard In recent months, we have witnessed I and my staff have greatly appre- about the Congressional Research the troubling case of American and for- ciated Joe’s counsel. Whenever called Service, but for the men and women eign journalists being detained, as- upon, Joe would answer, be it during who served in the U.S. Senate and for saulted, and even killed in their efforts regular business hours, late into the all of our staff, we know the important to tell the world about the democratic night, or early the next morning, al- role that this branch of the Library of uprisings in the Middle East. Last ways helpful, and always forthright. I Congress plays. The Congressional month, Oscar-nominated war-film di- appreciate the dedication dem- Service is a legislative branch agency rector and photojournalist Tim onstrated by public servant Joe Rich- within the Library of Congress and Hetherington and photojournalist ardson. Thank you Joe, you will be works exclusively and directly for Chris Hondros were both killed while missed. Members of Congress, their committees reporting on a battle between Libyan Ms. STABENOW. Madam President, and staff on a confidential, nonpartisan Government forces and rebels in the as the chairwoman of the Committee basis. The Congressional Research city of Misrata. In February, CBS war on Agriculture, Nutrition and For- Service, Congress, and the American correspondent Lara Logan was brutally estry, I know we will sorely miss the people have been well served by Joe attacked and sexually assaulted while expertise and dedication of Joe Rich- Richardson and his impressive public reporting on the historic uprising in ardson as we work this year to write career. Egypt. The recent news that Osama bin the next farm bill. Since 1971, Joe has For the last four decades Joe Rich- Laden has been killed—a price paid for shared his expertise on a wide range of ardson has gone above and beyond to his crimes against the American people issues with Members of the House and serve the Senate and House of Rep- and the world—has focused even more Senate. He has an incredible under- resentatives with his objective and al- attention on the unrest in the Middle standing of social policy programs, and ways helpful information and often 24 East. The efforts of journalists and knows their history inside and out. He hours a day if needed. I know that members of the media in that region seems to know everything about every- Members of both sides of the aisle have now have even greater significance. thing. His expertise has been abso- the highest regard for his work, atten- Preserving press freedoms and free- lutely invaluable to my staff over the tion to detail, and dedication. dom of expression remains one of my years. With the retirement of Joe Richard- highest legislative priorities as chair- In his four decades of service, Joe has son, we are losing an important per- man of the Judiciary Committee. That played a key role in writing seven farm spective and historical knowledge that is why I have once again joined with bills in 1977, 1981, 1985, 1990, 1996, 2002, I fear that no other single person will Republican Senator JOHN CORNYN to in- and 2008. His understanding of Federal be able to fill. To say that he will be troduce the Faster FOIA Act. This bill nutrition programs, which represent a missed is a true understatement. While would create a bipartisan Commission

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.044 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2616 CONGRESSIONAL RECORD — SENATE May 3, 2011 to help ensure that the Freedom of In- kill our citizens and destroy our cities, Americans to attack their neighbors. We formation Act one of the most impor- they also want to attack the most fun- must counter these efforts, but must do it tant tools by which the press can ob- damental American principle of all— wisely and without sacrificing our ideals. tain critical information about what Some, however, have wrongly resorted to our free, open and diverse society. We portraying American Arab or Muslim com- our government is doing is not hin- cannot and will not let them succeed.’’ munities, or the Islamic faith itself, as a dered by excessive delays. I could not agree more. threat to our country. While we must repel A few days ago, President Obama ob- All Americans deserve civil rights attempts by foreign terrorists to radicalize served that ‘‘in the last months, we’ve protections and the freedoms provided Americans, vilifying Islam or all Arab-Amer- seen journalists threatened, arrested, in the Constitution. This does not end icans will not make our nation safer. Indeed, beaten, attacked, and in some cases with the vital protections afforded by suggesting these Americans are less loyal even killed simply for doing their best the first amendment. It continues to than their countrymen is not only inac- to bring us the story, to give people a ensure due process and equal protec- curate and irresponsible, it also adds an air voice, and to hold leaders accountable. of legitimacy to violent extremism of an- tion. It is bolstered by important civil other kind: directed not by American Mus- And through it all, we’ve seen daring rights laws that we have passed to pro- lims and Arabs, but at them. men and women risk their lives for the tect the practice of religion without In the past year, a passenger stabbed a New simple idea that no one should be si- discrimination. York cabbie after learning he was Muslim, lenced, and everyone deserves to know Religious freedom has long been a bi- and an arsonist in Tennessee burned a the truth.’’ partisan issue in the Senate, but more mosque, among other examples. Such acts As we celebrate World Press Freedom importantly it has been a consistent are not only illegal, they are also profoundly Day, we are reminded that an open and American value. American Muslims, at odds with one of our nation’s bedrock val- ues: ‘‘E pluribus unum,’’ or ‘‘Out of many, accountable society comes with not like all Americans, must be protected only the right of its citizens to know one.’’ by the rule of law that upholds these Stigmatizing Muslim communities not the truth but the duty to empower constitutional and statutory protec- only contradicts our nation’s commitment themselves with that knowledge. All of tions. to religious freedom, it also makes it easier us—Democrats, Republicans, and Inde- I agree with Mr. Dettelbach when he for al-Qaida to radicalize Americans. Since pendents—have an interest in pre- noted that, ‘‘[w]e find ourselves facing the day a band of religious refugees stumbled serving press freedoms and protecting foreign-based terrorists, including al- off their ship near Cape Cod in what eventu- the public’s right to know. Enacting Qaida, seeking to radicalize people here ally would become the commonwealth of Massachusetts, practitioners of every faith the Faster FOIA Act will help to ac- in the United States in new ways. complish this goal. For this reason, I have come and worshiped freely in this coun- Using sleek ad campaigns on the Inter- try. strongly encourage all Members to join net, these terrorists try to recruit Acts of violence and hostility against me in celebrating World Press Freedom Americans to attack their neighbors. American Muslims risk obscuring these Day and in supporting this very impor- We must counter these efforts, but truths and feeding the enemy’s false nar- tant bipartisan bill. must do it wisely and without sacri- rative that America is at war with Islam. f We must recognize that American Muslim ficing our ideals. ‘‘ and Arab communities are a vital part of the THE CIVIL RIGHTS OF ALL As the President said when he an- solution to the problem of radicalization. AMERICANS nounced the news that the world’s No. Terrorists do not radicalize entire commu- 1 terrorist was dead, Osama bin Laden Mr. LEAHY. Madam President, I re- nities; they recruit individuals. American was not a Muslim leader. He had killed Muslims and Arabs who recognized threats cently joined Senator DURBIN and Sen- scores of Muslims. I hope that in the have worked with law enforcement when ator GRAHAM at an important Senate they suspect a problem. For this we owe Judiciary Committee hearing focused coming days, we will not see misguided passions lead to more attacks on Amer- them gratitude, not sideways glances. on the civil rights of American Mus- In an effort to improve communication, ican Muslims. In order to live up to our lims. This bipartisan hearing was a collaboration and trust with Muslims and positive statement from the committee American values we must protect all Arab-Americans, I have been part of a group that its members believe strongly that Americans from attack. I thank the of U.S. attorneys across the country having all Americans enjoy the rights and President and the Attorney General for a series of conversations to better under- freedoms provided by our Constitution their unwavering leadership on civil stand the needs of these American commu- rights issues. nities. The people of these communities and our civil rights laws. should understand that the Department of Today, I wanted to highlight a recent I ask unanimous consent that Mr. Dettelbach’s short article be printed in Justice is here to protect them. column written by the U.S. attorney in I have met with hundreds of American Cleveland, OH, Steven Dettelbach, the RECORD. I hope all Senators will Muslims in Northern Ohio over the past few which addressed the same subject. As read it. months. Not surprisingly, they want for one of our leading Federal prosecutors, There being no objection, the mate- their children what everyone wants—a good Mr. Dettelbach is known for protecting rial was ordered to be printed in the education, freedom from bullying and the op- the people of northern Ohio by enforc- RECORD, as follows: portunity for their children to grow and be- ing our Federal laws. But he is also [From the Cleveland Plain Dealer, Apr. 29, come productive citizens. 2011] I heard troubling stories from parents known for his wise counsel which is no whose children’s trust in this country was OHIO’S MUSLIM, ARAB NEIGHBORS doubt why the Attorney General se- shaken by various indignities suffered in our lected him to serve on his advisory (By Steven M. Dettelbach) community, which they perceived to have committee. Those of us in law enforcement know all stemmed from their religion or ethnicity. At the Attorney General’s direction, too well that terrorists continue to target This is wrong. It is not the Ohio I know and several U.S. attorneys have been trying the United States. We have seen the dan- love, and none of us should stand silently by to better understand the needs of gerous consequences take hold in places like and tolerate such intolerance. American Muslims. This is a laudable Fort Hood, Texas, and Times Square in New I heard from doctors, architects and work- York, and even reach here in Ohio, where our ers who have a deep love for their nation. I initiative, given that there have been office and the FBI prosecuted a homegrown spoke with their American-born children attacks targeting the American Mus- terror cell plotting to kill Americans abroad. who, just like the youth in our Irish, Italian lim community in the past few years. Preventing these kinds of attacks is our top and Eastern European communities, are To make matters worse, some leaders priority. working on their resumes, fiddling far too have sought to sow fear and divisive- Our enemies seek not only to kill our citi- much with their Blackberrys and who think ness against American Muslims. Fan- zens and destroy our cities, they also want to of themselves as American more than any- ning the flames of hate against those attack the most fundamental American prin- thing else—because that is who they are. with different faith traditions runs ciple of all—our free, open and diverse soci- Law enforcement alone cannot eradicate contrary to our American values be- ety. We cannot and will not let them suc- the root causes of terrorism and hate crimes. ceed. Each of us must do all we can to forge last- cause this Nation was founded in large We find ourselves facing foreign-based ter- ing relationships with our Muslim and Arab part on the importance of religious rorists, including al-Qaida, seeking to neighbors. We need to affirm loudly that freedom. radicalize people here in the United States in they, too, are Ohioans, our neighbors in a In his April 29 piece, Mr. Dettelbach new ways. Using sleek ad campaigns on the wonderfully diverse state that thrives on its wrote, ‘‘Our enemies seek not only to Internet, these terrorists try to recruit many faiths, languages and ethnicities.

VerDate Mar 15 2010 02:02 May 04, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.009 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2617 2011 AMERICAN AMBULANCE their work, they deserve our outmost me. His name was Dale Long—a 2008 ASSOCIATION STARS OF LIFE gratitude. Stars of Life awardee. Just several For the past 20 years, the American Mr. LEAHY. Madam President, I rise weeks after I had the opportunity to Ambulance Association has honored today to honor the brave men and meet him, Dale was killed in the line of those paramedics, EMTs, dispatchers, women of the emergency medical serv- duty as a paramedic with the and other ambulance service personnel ices, EMS, profession all across the Bennington Rescue Squad. Since Dale who exemplify what is best about the country who dedicate their lives to was employed by a private nonprofit EMS field. The American Ambulance agency, he was not covered by the De- providing lifesaving health care and Association has appropriately des- first responder services to people in partment of Justice’s Public Safety Of- ignated these individuals as ‘‘Stars of ficer Benefit, PSOB, program—even need. Life.’’ Past Stars of Life have included In particular, I would like to recog- though his agency is the 9–1–1 emer- paramedics and EMTs who were part of gency ambulance service agency for nize the 81 EMS professionals being the rescue efforts at the terrorist at- recognized today by the American Am- Bennington, VT. In honor of Dale, I in- tacks on the World Trade Center or troduced the Dale Long Emergency bulance Association as ‘‘Stars of Life.’’ provided evacuation and response to These 81 Stars of Life will be on Cap- Medical Services Provider Protection the victims of Hurricanes Katrina and Act, S. 385, which would make para- itol Hill for the next couple of days, Rita and the recent flooding and and I strongly encourage my colleagues medics and EMTs who work for a pri- storms in the South and Midwest. Of vate nonprofit EMS agency eligible for to take the time to meet with these ex- equal importance, this program also ceptional individuals. the PSOB program. In February, the pays tribute to those ambulance serv- Senate unanimously approved the Dale Every year, the dispatch of an ambu- ice personnel whose heroic acts or com- Long Act as an amendment to the FAA lance is the first response to millions munity service activities may not have reauthorization bill, and I am hopeful of medical emergencies. Often, the sur- made the news but were just as mean- that the Dale Long provision will be re- vival of a patient is enhanced by the ingful to the people they aided. I con- tained in the final conference report. prompt medical attention provided by sider myself fortunate to have met paramedics and emergency medical with many Vermont paramedics and Madam President, I ask unanimous technicians, EMTs, prior to the arrival EMTs over the years, and I have heard consent that the names of the 2011 at an emergency room. As a result of firsthand accounts of the tireless ef- American Ambulance Association the selfless acts of these courageous forts that they perform on a daily basis Stars of Life honorees be printed in the and devoted men and women, the lives for their communities. They are truly RECORD. of thousands of Americans are saved America’s health care safety net. There being no objection, the mate- each year. While these professionals do One of the Stars of Life from rial was ordered to be printed in the not expect to receive recognition for Vermont left a lasting impression on RECORD, as follows:

FIRST NAME LAST NAME COMPANY CITY STATE

Daniel ...... Griswold ...... Arizona Ambulance Transport ...... Sierra Vista ...... AZ John ...... Sullivan ...... Arizona Ambulance Transport ...... Sierra Vista ...... AZ Michael ...... Atwell ...... American Medical Response ...... Victorville ...... CA Michael ...... O’Grady ...... American Medical Response ...... San Mateo ...... CA Kevin ...... Smith ...... American Medical Response ...... Sonoma ...... CA Gary ...... Smotrys ...... American Medical Response ...... Palm Springs ...... CA Forrest ...... Uhland ...... American Medical Response ...... San Mateo ...... CA Thomas ...... Westbrook ...... American Medical Response ...... Concord ...... CA Matt ...... Berckefeldt ...... American Medical Response ...... Pueblo ...... CO Autumn ...... DePolo ...... American Medical Response ...... Colorado Springs ...... CO Chris ...... Erickson ...... Ute Pass Regional Ambulance District ...... Woodland Park ...... CO Jim ...... Hollman ...... Ute Pass Regional Ambulance District ...... Woodland Park ...... CO William ...... Broadbridge ...... Hunter’s Ambulance Service ...... Meriden ...... CT Kelly ...... Brunell ...... Hunter’s Ambulance Service ...... Meriden ...... CT Marisa ...... Carriveau ...... American Medical Response ...... West Hartford ...... CT Katrina ...... Perrelli ...... Hunter’s Ambulance Service ...... Meriden ...... CT John ...... Pourciau ...... American Medical Response ...... Waterbury ...... CT Jared ...... Yager ...... Hunter’s Ambulance Service ...... Meriden ...... CT Donald ...... Anderson ...... American Medical Response ...... Broward County ...... FL Thomas ...... Dawiczkowski ...... Nature Coast EMS ...... Lecanto ...... FL Marvin ‘‘Happy’’ ...... Montgomery ...... Mid Georgia Ambulance ...... Macon ...... GA Tito ...... Villanueva ...... American Medical Response ...... Lihue ...... HI Jane ...... Hagen ...... Iowa EMS Association ...... Urbandale ...... IA Nathan ...... Wilzbacher ...... American Medical Response ...... Evansville ...... IN Steven ...... Simon ...... Acadian Ambulance Service ...... Lafayette ...... LA Todd ...... Weir ...... Acadian Ambulance Service ...... Lafayette ...... LA Michelle ...... Borden ...... Action Ambulance Service ...... Wilmington ...... MA Christopher ...... Borges ...... Cataldo Ambulance Service ...... Somerville ...... MA Theodore ...... Crosby ...... Action Ambulance Service ...... Wilmington ...... MA Clayton ...... Davis ...... Cataldo Ambulance Service ...... Somerville ...... MA Kris ...... Keraghan ...... Armstrong Ambulance Service ...... Arlington ...... MA Ann ...... McGrath ...... Armstrong Ambulance Service ...... Arlington ...... MA Jeff ...... Simmons ...... Cataldo Ambulance Service ...... Somerville ...... MA Angela ...... Spofford ...... Action Ambulance Service ...... Wilmington ...... MA Martin ...... Tyrrell ...... American Medical Response ...... Brockton ...... MA Rachael ...... Goeman ...... American Medical Response ...... Grand Rapids ...... MI Robert ...... Kirkland ...... Community EMS ...... Southfield ...... MI Matt ...... Mills ...... LifeCare Ambulance Service ...... Battle Creek ...... MI Erik ...... Olsen ...... Life EMS Ambulance ...... Grand Rapids ...... MI Velvet ...... Whitt ...... Tri-Township EMS ...... Atlanta ...... MI Tracy ...... Woodard ...... Huron Valley Ambulance ...... Ann Arbor ...... MI Michelle ...... Anderson ...... Lakes Region EMS ...... North Branch ...... MN Todd ...... Fisk ...... Lakes Region EMS ...... North Branch ...... MN Brian ...... Murley ...... Mayo Clinic Medical Transport ...... Rochester ...... MN Tommy ...... Walker ...... American Medical Response/Abbott EMS ...... St. Louis ...... MO Derek ...... Poole ...... American Medical Response ...... Jackson ...... MS Thomas ...... White ...... American Medical Response ...... Natchez ...... MS Cathy ...... Jordan ...... Medic, Mecklenburg EMS Agency ...... Charlotte ...... NC Virgil ...... Leggett ...... Medic, Mecklenburg EMS Agency ...... Charlotte ...... NC Jamie ...... Stanford ...... Medic, Mecklenburg EMS Agency ...... Charlotte ...... NC Marnie ...... Olson ...... North Dakota EMS Association ...... Bismarck ...... ND Keith ...... Monaghan ...... American Medical Response ...... Egg Harbor Township ...... NJ Jessica ...... Bauer ...... REMSA ...... Reno ...... NV Debi ...... Kubiak ...... REMSA ...... Reno ...... NV Leonard ...... Spice ...... American Medical Response ...... Las Vegas ...... NV Mark ...... Camplese ...... Community Care Ambulance ...... Ashtabula ...... OH Jason ...... Fellows ...... Community Care Ambulance ...... Ashtabula ...... OH Shane ...... McKenzie ...... Community Ambulance Service ...... Zanesville ...... OH Beth ...... Sundman ...... Community Care Ambulance ...... Ashtabula ...... OH Ron ...... Causby ...... EMSA ...... Tulsa ...... OK Mark E...... Hopping ...... Life EMS ...... Enid ...... OK Mike ...... McWilliams ...... Oklahoma Ambulance Association ...... Muskogee ...... OK

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.010 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2618 CONGRESSIONAL RECORD — SENATE May 3, 2011

FIRST NAME LAST NAME COMPANY CITY STATE

Preston ...... White ...... EMSA ...... Tulsa ...... OK Robert ...... Breihof, III ...... Metro West Ambulance ...... Hillsboro ...... OR Rose ...... Durschmidt ...... Woodburn Ambulance Service ...... Woodburn ...... OR Daren ...... Groff ...... Bay Cities Ambulance ...... Coos Bay ...... OR Christopher ...... Pfingsten ...... Metro West Ambulance ...... Hillsboro ...... OR Philip ...... Reid ...... Metro West Ambulance ...... Hillsboro ...... OR Tracy ...... Schroeder ...... Medix Ambulance ...... Warrenton ...... OR Monica ...... Stephens ...... Pacific West Ambulance ...... Newport ...... OR Nicholas ...... Yoder ...... American Medical Response ...... Milwaukie ...... OR Andy ...... Brijmohansingh ...... Global Medical Response ...... Santa Rosa Heights, Arima ...... Trinidad & Tobago Rick ...... Dodd ...... LifeNet ...... Texarkana ...... TX David ...... Macias ...... Life Ambulance Service ...... El Paso ...... TX Alejandro ...... Munoz ...... Life Ambulance Service ...... El Paso ...... TX Pablo ...... Rios ...... American Medical Response ...... San Antonio ...... TX Bryan ...... Shelton ...... LifeNet ...... Texarkana ...... TX William ...... Mapes ...... Regional Ambulance Service ...... Rutland ...... VT Lawrence J...... Salisbury ...... Bennington Resque Squad ...... Bennington ...... VT Rebecca ...... Ainley ...... American Medical Response ...... Seattle ...... WA Niccole ...... Gibbs ...... American Medical Response ...... Vancouver ...... WA

WOMEN’S PREVENTIVE HEALTH cause it included a provision denying from the full health care funding bill SERVICES DC leaders the option of using locally at a time when we need to implement Ms. CANTWELL. Madam President, I raised funds to provide abortion serv- the reforms to keep costs down and to join my colleagues to come to the floor ices to low-income women. increase access for those who currently this afternoon and talk about tomor- For those who argue against big gov- don’t have access to health care and row’s votes on two different resolutions ernment this is a contradiction because come back to the system with much and to say that I am proud to join my this is a real imposition on the ability more expensive health care needs in female Senate Democratic colleagues of elected officials in the District of the future. in this effort and to speak out about Columbia to decide what to do with So I am very disappointed that at the this important issue. their locally raised funds. I know be- eleventh hour of a budget debate that To me the American people have sent cause I am in the Hart Building, what is about living within our means, about us a clear message. They want us to the Mayor and others on the council how we take the limited recovery we focus on job creation, promoting inno- had to say about this. This is an impo- have had and move it forward economi- vation and putting Americans back to sition on the health services of low-in- cally, that instead we are saying we work. But instead tomorrow we will be come women in the District of Colum- cannot move forward on a budget in a on the Senate floor trying to defend ac- bia and certainly has gone almost un- recovery until we take everything that cess to health care for women. We will noticed in the eleventh hour. And I we can away from women and access to vote tomorrow on whether to defund think sets a precedent for a dangerous women’s health care. Planned Parenthood, an agency that slippery slope with what we are telling We will fight this tomorrow and I am serves hundreds of thousands of people local governments to do. proud to be here with my colleagues to in my State on important exams such But it is time for us to focus on our say we will be the last line of defense as breast examination and helping to budget, living within our means, and for women in America who are going prevent infections and various things. getting back to work, but certainly not about their busy lives right now, tak- And just a few weeks ago I talked to try to do all of that on the backs of ing their kids to school, trying to jug- about one of our constituents, a 22- women. And it is not time to shut down gle many things at home and work and year-old woman from Seattle, who was access to women’s health care. Repub- they are every day as the budget people diagnosed with an abnormal growth on licans in the house have decided to within their own homes trying to fig- her cervix at Planned Parenthood and wage war and to say women should be ure out how to live within their means was able to receive life-saving treat- a bargaining chip. and the national budget debate has ment. She was uninsured, and without Well, I think the American people broken to this point? We can only have Planned Parenthood, she would not have sent us a clear message. They a budget agreement if you defund wom- have been able to get that kind of want us to get back to work and they en’s full access to health care. That is treatment and certainly her health support Planned Parenthood and the wrong and we will be here tomorrow to would have been in major danger in the efforts of Planned Parenthood on pre- fight this battle and speak up for future. I tell her story to emphasize ventive health care and health care de- women. the importance of Planned Parenthood livery services. A recent CNN poll I just want to point out to my col- on prevention and that they are cen- showed that 65 percent of Americans league, Senator KIRSTEN GILLIBRAND, ters of prevention for many, many polled support continued funding of that I remember in 1993, in the ‘‘year of women who have no other access to Planned Parenthood. the woman,’’ when so many women got health care. And I know my colleagues on the elected to Congress, it was the first And so we cannot jeopardize the ac- other side of the aisle would like to say time in the House of Representatives cess to that preventive health care at a that these funds are used and helped in we had a woman on every single com- time when it is so important for us to funding organizations that may be in- mittee. reduce long-term costs. In fact, even in volved in doing full reproductive choice And the end result of that is we had the investment area, every dollar in- services. But I ask them to think about an increase in funding for women’s vested in family planning and publicly that issue and that logic. Where will health research. So much of the re- funded family planning clinics saves they stop? It is Planned Parenthood search had been up to this point fo- about $4 in Medicaid-related costs today, but are they going to stop every cused on men. Why? Because there alone. So prevention of health care is institution in America from receiving wasn’t anybody on the committee to good for us in saving dollars and it is Federal dollars? speak up about how women had unique- certainly good for our individual con- It is illegal for Planned Parenthood ly different health care needs and de- stituents who have a lack of access to to use Federal dollars for the full re- served to have a bigger share of fund- health care. productive choice including abortion. ing for health care needs of women That is why I am so disappointed and It is illegal. You cannot use those than were currently being funded. the situation that we are having now funds. And yet the other side would That is what you get when you get where our colleagues are saying to us, like to say that this is an issue where representation and the women Sen- you can get a budget deal, but you they would like to stop Planned Par- ators will be here tomorrow to fight, to have to defund women’s health care ac- enthood today and then they will try say that women deserve to have access cess to do so. The avoidance of a gov- to stop other organizations in the fu- to health care through Planned Parent- ernment shutdown has also brought on, ture. hood and title X and, please, for those I think, a challenge on the backs of It is time to say no to this tomorrow working moms who are out there jug- women in the District of Columbia be- and to say no on trying to pull back gling dealing with children and

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.011 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2619 childcare, dealing with their jobs, deal- establishment of the South Eastern are healthier, safer, better equipped ing with pay equity at work, dealing European University in Tetovo in 2001, and better trained. And of course, bet- with all of these other issues that which is still a model for integrated ter equipped, better trained fire fight- women are struggling with, that they education. Throughout his time as ers mean increased public safety. don’t have to be a pawn in the debate HCNM, he promoted rights for Roma, For Bob McCarthy, fire fighting came on the budget. That there are people the single largest minority in the naturally; you might say it was in his who believe just like the majority of OSCE region as a whole. blood. Like his father and grandfather Americans do that we should move for- His job was not easy, but his integ- before him, Bob was a Watertown fire- ward with this kind of preventive rity, commitment, and diplomatic man, rising through the ranks to be- health care for women in America. skills paved the way for his successors come captain of the Watertown Fire f and built the position of the HCNM Department. When he retired from ac- into one of the most effective OSCE tively fighting fires, he dedicated his REMEMBERING MAX VAN DER tools for conflict prevention. His leg- life to fighting for his fellow firemen. STOEL acy to the OSCE is not only the work Bob McCarthy served as the union’s Mr. CARDIN. Madam President, as he did as HCNM, but the advice he left legislative agent for 2 years before the Senate chairman of the U.S. Hel- behind on the importance of early ac- being elected president of the PFFM in sinki Commission, I rise today to pay tion to prevent conflict. 1987. As president, Bob was a highly ef- tribute to Max van der Stoel, the first In his last statement to the OSCE fective advocate for Massachusetts’ High Commissioner on National Mi- Permanent Council in 2001, he said: professional fire fighters. Believe me; norities at the Organization for Secu- Governments should see the self-interest in as soon as an issue arose that impacted rity and Cooperation in Europe, OSCE, protecting minority rights and living in his members, it was usually about thir- who died last week at his home in The peaceful and prosperous multi-ethnic states. ty seconds before my office phone rang. Hague at the age of 86. Van der Stoel, The only people who profit from inter-ethnic I would like to note just a few of Bob a two-time Dutch foreign minister, conflict are nationalist entrepreneurs. That McCarthy’s many accomplishments as worked tirelessly throughout the OSCE is not a business that reaps long term prof- president of the PFFM. Bob McCarthy region as High Commissioner from 1992 its. In the end, intolerance, violence and in- was a major force in the passage of a to 2001 to prevent crises involving mi- stability hurt us all. I maintain that preventing inter-ethnic cancer presumption law which protects nority issues. conflict will continue to be one of the orga- firefighters for 5 additional years after Max van der Stoel had a life-long nization’s biggest challenges in the near fu- they retire. He worked diligently to commitment to human rights. From ture. Despite improvements in many OSCE maintain laws pertaining to fire fight- his early life in Nazi-occupied Nether- states, conflicts still rage and tensions boil ers’ heart and lung health and to pre- lands to defining moments spent with below the surface. We have to sharpen our serve grants for better safety gear. He Soviet-era dissidents, van der Stoel tools and invest sufficient resources to en- played a major role in funding critical was deeply affected by the abuses he sure that we remain on the cutting edge of incident stress management for the fire witnessed. He described one such en- conflict prevention. . . . Collectively, we must do more to act in response to the warn- service. And one of his greatest leg- counter, in then-Czechoslovakia in ing signs. It is not enough to admonish acies are the biennial educational sem- 1977, when as foreign minister he met States for falling short of their commit- inars which play a vital role in ensur- with Charter 77 activist, Jan Patocka ments. A concerted response by the inter- ing that Massachusetts’ professional in full view of Czechoslovak authori- national community must be resolute, tar- fire fighters receive ongoing education ties. Van der Stoel commented that, geted, and timely. on the latest safety issues. ‘‘This support was of great concern to . . . When a crisis becomes acute, everyone Bob McCarthy hasn’t limited his the Communist authorities. After our wonders what went wrong or what steps service to fire fighters; he was also a short meeting, Professor Patocka was should be taken to contain the situation. Things do not need to get to that point. valued member of numerous boards of arrested and rigorously interrogated. While Foreign Ministries seem to be increas- directors of leading firms and organiza- He died of a heart attack the next ingly sensitive to the benefits of relatively tions in my State. It is hard to gauge day.’’ limited funding, treasuries are still hesitant just how many people’s lives he has not Following the first gulf war, van der to invest in preventing the conflicts of to- only impacted but actually saved. All Stoel was appointed U.N. Human morrow. We need to put our money where too often the focus is on what is lost in Rights Representative for Iraq, and he our mouth is. It makes political and finan- fires. What goes unreported is what continued to raise human rights con- cial sense to put resources into keeping professional firefighters save. Not only multi-ethnic states together, rather than cerns in Iraq throughout the 1990s. thousands of lives and homes, but pets In 1992, he was appointed as the bailing them out after they have fallen apart. and items of sentimental value. OSCE’s first High Commissioner on Na- Bob leaves the PFFM in the very able His words are as timely and relevant tional Minorities, HCNM, with a man- hands of Mr. Ed Kelly who was sworn today as they were 10 years ago. It is date aimed at preventing conflict in as president last month. This my hope that, inspired by the dedica- through quiet diplomacy and early evening, the Professional Firefighters tion and accomplishments of Max van warning to the OSCE countries. His of Massachusetts will celebrate Bob’s der Stoel, the United States and its al- successes in that role are largely un- 26 years of service to his community at lies will strive to ensure that ethic ten- recognized, as they lie in what did not their annual dinner. I join their 12,000 sion and human rights violations are happen rather than in what did. He members in honoring Bob McCarthy for not allowed to fester until they erupt traveled to countries where tensions his service to the PFFM and my Com- into conflict. were rising, encouraged dialogue, and monwealth, and wish Bob and his wife made practical recommendations to f Dorothy all the very best in the years address underlying issues related to ahead. TRIBUTE TO ROBERT MCCARTHY ethnic tension. f He worked in Estonia and Latvia in Mr. BROWN of Massachusetts. the early 1990s to address the proc- Madam President, today I wish to rec- FRATERNAL BENEFIT SOCIETIES essing for acquiring citizenship—which ognize Robert McCarthy of Watertown, Mr. KOHL. Madam President, I rise at the time disadvantaged particularly MA, who is retiring after 23 years as today to praise the work of fraternal ethnic Russians in the newly inde- president of the Professional Fire benefit societies, little-known but crit- pendent states because of stringent Fighters of Massachusetts. As a fire ical nonprofit organizations that meet language testing. He was the OSCE fighter, Bob McCarthy fought to save the needs of millions of Americans day Chairmanship’s Personal Representa- lives and property from fires and acci- in and day out. There are over 9 mil- tive on Kosovo—although unfortu- dents. As head of the PFFM, Bob lion fraternal members across the nately his early warnings in 1997 and fought to protect and defend his 12,000 country. 1998 went unheeded by policymakers. PFFM brothers and sisters. Every day, their volunteers supple- His work on inter-ethnic relations and Thanks to his leadership, the Com- ment the social services provided by education in Macedonia resulted in the monwealth’s professional fire fighters overburdened government agencies—

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.012 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2620 CONGRESSIONAL RECORD — SENATE May 3, 2011 serving children, the elderly, veterans, sion remains true today. However, commanded more than 6,000 soldiers and others who need help. In the past since the terrorist attacks of Sep- and airmen, including more than 10,000 year alone, fraternal members invested tember 11, 2001, the members of the Na- West Virginia National Guard, soldiers, 91 million hours in community service tional Guard have pulled double duty, and airmen that have deployed since and contributed $400 million to chari- becoming the essential soldiers in our September 11, 2001 in support of the table programs. In the State of Wis- military missions overseas. global war on terrorism. consin, there are 252,232 fraternal mem- This new role for the Guard often General Tackett directed the West bers, and in the last year, these mem- means long and frequent deployments Virginia National Guard in response to bers spent over 4 million hours volun- away from home, disruption to civilian more than 80 emergencies in the State teering and donated over $25 million careers, and new readiness challenges of West Virginia. throughout the state. for the Guard’s leadership. For global General Tackett has served five Gov- Fraternal benefit societies are tax- peacekeeping missions in Bosnia, ernors of the State of West Virginia, exempt organizations that sell finan- Kosovo, and for the wars in Iraq and representing both political parties. cial products such as life insurance and Afghanistan, Guard leadership has to The West Virginia National Guard, annuities, and use the profits to meet ensure their troops have the right under the leadership of General community needs. From a small Fed- equipment at the right time, the prop- Tackett, rose from the rank of 24th in eral investment of $50 million a year, er training for uncommon dangers, and the United States in readiness to first over $400 million is put back directly as needed, be the glue that mends and in an 18-month period, has continued to into communities. A recent study holds together the families of Guard demonstrate its superior level of readi- found that fraternal benefit societies members. Under General Tackett’s ness as judged by the Army readiness criteria, and has remained at or near contribute more than $3 billion annu- leadership, the West Virginia National the top rank in readiness for 15 years. ally to society. The fraternal benefit Guard has received all this and more. Under the leadership of General With tenacious grace, the General societies leverage additional commu- Tackett, the West Virginia National asked for—and received—new training nity resources through fund matching Guard undertook a significant facilities, planes, new runways, and programs and by bringing people to- modernizaton program to ensure that congressional backing for family sup- gether to do good. These community modern facilities are constructed to needs would not be met without fra- port programs. meet the demands placed upon soldiers Under General Tackett’s leadership, ternal benefit societies, especially at and airmen in the 21st century, includ- the readiness of the West Virginia Na- this time of shrinking federal, state ing projects to replace outdated armor- tional Guard skyrocketed to the best and local resources. ies, build new hangars, acquire ramp in the Nation. From acting as a first-response net- space to protect the 130th Airlift Wing Under General Tackett’s leadership, work in the face of natural disasters, from the base realignment and closure the soldier, especially the new and to building homes for families in need, process, and to convert the Martins- uninitiated, took center stage. General to assisting families struggling with burg Air National Guard base for a Tackett believes a soldier’s success de- overwhelming medical bills, to pro- fleet of C–5s. viding scholarships to deserving stu- pends on higher education, the best Under the leadership of General dents, fraternals are dedicated to im- training, and personal initiative. Tackett, the Joint Interagency Train- proving the lives of their members, Under General Tackett’s guidance, ing and Education Center was built to families, and communities. future leaders of the West Virginia Na- provide homeland security training to Many of these societies have been tional Guard have a head start because Department of Defense assets, other around for over a century. They began, of his dogged support for the National Federal agencies, and first responders in large part to meet needs of immi- Guard Youth Challenge Program, the at Camp Dawson and the Memorial grant populations that could not other- Guard’s Tuition Assistance Program, Tunnel. As a result, he was described in wise be met—helping families when a and the technical skills program a 2001 U.S. News & World Report arti- breadwinner got sick or died; helping a known as Helmets to Hard Hats. cle as someone who could soon be ‘‘the community member find a place to And, under General Tackett’s leader- nation’s defacto chief of anti-terror stay or meet medical needs. While the ship and vision, our Nation’s Guard and preparedness.’’ organizations have evolved, today they Reserve components, Active-Duty serv- Under the leadership of General still meet needs that are otherwise not icemembers, and our first responders Tackett, the West Virginia National met. They help pay for medical bills, use state-of-the-art training resources Guard maintained 36 armories and was have scholarship funds, assist in neigh- at the Memorial Tunnel and Camp present in 34 communities. borhood playground builds, clean up Dawson to prepare defenses in response Under the leadership of General after disasters, stock food pantries and to 21st century national security Tackett, the West Virginia National bring meals to seniors. threats. Guard has had a significant positive I want to honor these groups during Like other Golden Gloves champions, economic impact across the State of their annual meeting. I want to take General Tackett struck his own path in West Virginia, including the addition the opportunity to thank the 9 million his youth; he honed his individual ath- of nearly 1,500 full-time jobs. fraternal members for all of the great letic skills and refined the meaning of Under the leadership of Major Gen- work they do around the country. a disciplined work ethic. His pride in eral Tackett, the West Virginia Na- his home State of West Virginia kept f tional Guard sponsored and operated him giving back to the Mountaineer the Mountaineer ChalleNGe Academy, ADDITIONAL STATEMENTS State with years of civilian successes which provides at-risk youth with an while rising in the ranks of the Special opportunity to earn a general edu- Forces. cation diploma. TRIBUTE TO MAJOR GENERAL His stellar leadership as Adjutant And, under the leadership of Major ALLEN E. TACKETT General for the West Virginia National General Tackett, 43 percent of the ∑ Mr. MANCHIN. Madam President, I Guard began on September 11, 1995, members of the West Virginia National would like to take this opportunity to under Governor Gaston Caperton. I Guard have earned a degree from an in- pay tribute to MG Allen E. Tackett, a would like to recall a list of his accom- stitution of higher education or are en- great West Virginian who shepherded plishments in order to recognize the rolled in an institution of higher edu- an evolutionary change in the role of contributions of MG Allen E. Tackett. cation and participate in the State of the West Virginia National Guard dur- Upon his retirement on January 31, West Virginia tuition assistance pro- ing his 15-year tenure as adjutant gen- 2011, MG Allen E. Tackett remains the gram. eral. longest serving Adjutant General in As his one-time commander, I am Across our Nation, the Guard mission the history of the State of West Vir- proud to share with the American peo- has been synonymous with being the ginia and the United States. ple General Tackett’s distinguished first on the scene for disaster relief and As Adjutant General of the West Vir- and exemplary career, to take this op- keeping the peace at home—that mis- ginia National Guard, General Tackett portunity to publicly thank him, and

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.008 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2621 to wish him continued success and fu- we, adults and children alike, turn to By Mr. GRAHAM: ture happiness in his well-deserved re- processed fast foods instead of eating S. 869. A bill to provide for an exchange of tirement.∑ nutritionally balanced meals. Our na- land between the Department of Homeland tional diet is, unfortunately, respon- Security and the South Carolina State Ports f Authority; to the Committee on Energy and sible for many unhealthy results, in- VERMONTS’ JUNIOR IRON CHEF Natural Resources. cluding a surge in both childhood obe- COMPETITION By Mr. TESTER: sity and childhood diabetes. Creative S. 870. A bill to amend the Federal Water ∑ Mr. SANDERS. Madam President, efforts like Vermont’s Junior Iron Chef Pollution Control Act to modify oil and haz- today I wish to honor the students who Competition are terribly important in ardous substance liability, and for other pur- participated in Vermont’s fourth an- the effort to effectively combat poses; to the Committee on Environment and nual Junior Iron Chef Competition. unhealthy diets and the rise of child- Public Works. Forty Vermont middle schools and 16 hood obesity and childhood diabetes. By Mr. COBURN (for himself, Mrs. FEINSTEIN, Mr. WEBB, Mr. BURR, Ms. Vermont high schools sent teams to To the Junior Iron Chef Competition the day-long event, a cooking competi- COLLINS, Mr. CARDIN, and Mr. RISCH): sponsors, Vermont’s agriculture com- S. 871. A bill to repeal the Volumetric Eth- tion which promotes local agriculture munity and its forward thinking school anol Excise Tax Credit; to the Committee on and healthy choices in school nutri- systems, to those who organized the Finance. tion. I was very impressed, when I at- event, to the adult supervisors, and es- By Mrs. FEINSTEIN: tended the competition, to see the cre- pecially to the Vermont students who S. 872. A bill to amend the Omnibus Indian ativity and energy the students participated in the Junior Iron Chef Advancement Act to modify the date as of brought to this endeavor. Competition, let me offer my congratu- which certain tribal land of the Lytton Rancheria of California is considered to be Vermont’s Junior Iron Chef Competi- lations.∑ tion brings aspiring chefs together for held in trust and to provide for the conduct f of certain activities on the land; to the Com- a timed ‘‘cook-off.’’ Middle schools face mittee on Indian Affairs. off in one division and high schools in MESSAGE FROM THE HOUSE By Mr. AKAKA: another. Each team is composed of up At 10:04 a.m., a message from the S. 873. A bill to amend title 38, United to five students and is accompanied by House of Representatives, delivered by States Code, to provide benefits for children an adult supervisor who is allowed to Mrs. Cole, one of its reading clerks, an- with spina bifida of veterans exposed to her- offer guidance but not take part in the nounced that the House has passed the bicides while serving in the Armed Forces actual cooking. during the Vietnam era outside Vietnam, following bills, in which it requests the and for other purposes; to the Committee on Contestants must use their culinary concurrence of the Senate: skills to create original school lunch Veterans’ Affairs. H.R. 362. An act to redesignate the Federal By Mr. AKAKA: dishes using at least five ingredients building and United States Courthouse lo- S. 874. A bill to amend title 38, United produced by local farmers. Prizes were cated at 200 East Wall Street in Midland, States Code, to modify the provision of com- awarded in three categories. I would Texas, as the ‘‘George H.W. Bush and George pensation and pension to surviving spouses like to recognize the winners from each W. Bush United States Courthouse and of veterans in the months of the deaths of category and commend the students George Mahon Federal Building’’. the veterans, to improve housing loan bene- from all competing schools for their H.R. 1423. An act to designate the facility fits for veterans, and for other purposes; to excellent effort. Teams from Twin Val- of the United States Postal Service located the Committee on Veterans’ Affairs. ley swept the Best in Show prizes; at 115 4th Avenue Southwest in Ardmore, By Mr. LAUTENBERG: Oklahoma, as the ‘‘Specialist Micheal E. S. 875. A bill to amend the Safe Drinking Team Murdock winning at the middle Phillips Post Office’’. Water Act to require additional monitoring school level and Hakuna Matata for f of certain contaminants, and for other pur- high school. The Barre City Chefs of poses; to the Committee on Environment and Barre City Elementary Middle School MEASURES REFERRED Public Works. won the award for Most Creative Dish The following bills were read the first By Mr. LAUTENBERG: for middle schools and the Food Fight- S. 876. A bill to amend title 23 and 49, and the second times by unanimous United States Code, to modify provisions re- ers from Centerpoint School won in the consent, and referred as indicated: high school category. The awards for lating to the length and weight limitations H.R. 362. An act to redesignate the Federal for vehicles operating on Federal-aid high- Greatest Number and Best Use of Local building and United States Courthouse lo- ways, and for other purposes; to the Com- Ingredients went to the Barretown cated at 200 East Wall Street in Midland, mittee on Environment and Public Works. Bobcats of Barre Town Middle School Texas, as the ‘‘George H.W. Bush and George f and the Rebel Chefs from South Bur- W. Bush United States Courthouse and lington High School. George Mahon Federal Building’’; to the SUBMISSION OF CONCURRENT AND In addition to extending education Committee on Environment and Public SENATE RESOLUTIONS Works. beyond the traditional classroom, I ad- The following concurrent resolutions mire the competition for promoting H.R. 1423. An act to designate the facility of the United States Postal Service located and Senate resolutions were read, and local agriculture and healthy eating at 115 4th Avenue Southwest in Ardmore, referred (or acted upon), as indicated: choices. Junior Iron Chef attempts to Oklahoma, as the ‘‘Specialist Micheal E. By Mr. REID (for himself, Mr. MCCON- change the often stale homogeneity of Phillips Post Office’’; to the Committee on NELL, Mr. AKAKA, Mr. ALEXANDER, school lunches by bolstering what is Homeland Security and Governmental Af- Ms. AYOTTE, Mr. BARRASSO, Mr. BAU- now a statewide effort, led by groups fairs. CUS, Mr. BEGICH, Mr. BENNET, Mr. like Vermont Food Education Every f BINGAMAN, Mr. BLUMENTHAL, Mr. Day, FEED, and the Burlington School BLUNT, Mr. BOOZMAN, Mrs. BOXER, Food Project. It attempts, successfully, INTRODUCTION OF BILLS AND Mr. BROWN of Massachusetts, Mr. to reconnect young Vermonters with JOINT RESOLUTIONS BROWN of Ohio, Mr. BURR, Ms. CANT- our state’s agricultural roots and to re- The following bills and joint resolu- WELL, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. CHAMBLISS, Mr. COATS, store a bond between our schools and tions were introduced, read the first Mr. COBURN, Mr. COCHRAN, Ms. COL- the food that Vermont produces. and second times by unanimous con- LINS, Mr. CONRAD, Mr. COONS, Mr. Vermont is, I believe, among the sent, and referred as indicated: CORKER, Mr. CORNYN, Mr. CRAPO, Mr. leaders in promoting small scale agri- By Mr. MENENDEZ: DEMINT, Mr. DURBIN, Mr. ENSIGN, Mr. culture. While Vermont has long been S. 867. A bill to fight criminal gangs; to the ENZI, Mrs. FEINSTEIN, Mr. FRANKEN, known for its dairy farms, smaller Committee on the Judiciary. Mrs. GILLIBRAND, Mr. GRAHAM, Mr. scale agriculture is growing rapidly in By Mr. HATCH (for himself, Mr. ALEX- GRASSLEY, Mrs. HAGAN, Mr. HARKIN, our State. ANDER, Mr. BARRASSO, Mr. BURR, Mr. Mr. HATCH, Mr. HOEVEN, Mrs. Scientific studies have shown that COBURN, Mr. CORNYN, Mr. JOHANNS, HUTCHISON, Mr. INHOFE, Mr. INOUYE, and Mr. KYL): Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- the health of Americans is threatened S. 868. A bill to restore the longstanding SON of Wisconsin, Mr. JOHNSON of by an overdependence on fast food, on partnership between the States and the Fed- South Dakota, Mr. KERRY, Mr. KIRK, sugar-enhanced drinks, on snacks low eral Government in managing the Medicaid Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, in nutrition and high in fats. Too often program; to the Committee on Finance. Ms. LANDRIEU, Mr. LAUTENBERG, Mr.

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.032 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2622 CONGRESSIONAL RECORD — SENATE May 3, 2011 LEAHY, Mr. LEE, Mr. LEVIN, Mr. didates to file designations, state- (Mr. BLUNT) was added as a cosponsor LIEBERMAN, Mr. LUGAR, Mr. MANCHIN, ments, and reports in electronic form. of S. 570, a bill to prohibit the Depart- Mr. MCCAIN, Mrs. MCCASKILL, Mr. S. 253 ment of Justice from tracking and MENENDEZ, Mr. MERKLEY, Ms. MIKUL- At the request of Mr. ROCKEFELLER, cataloguing the purchases of multiple SKI, Mr. MORAN, Ms. MURKOWSKI, Mrs. rifles and shotguns. MURRAY, Mr. NELSON of Nebraska, the name of the Senator from New Jer- Mr. NELSON of Florida, Mr. PAUL, Mr. sey (Mr. MENENDEZ) was added as a co- S. 584 PORTMAN, Mr. PRYOR, Mr. REED, Mr. sponsor of S. 253, a bill to establish a At the request of Ms. MIKULSKI, the RISCH, Mr. ROBERTS, Mr. ROCKE- commission to ensure a suitable ob- name of the Senator from Massachu- FELLER, Mr. RUBIO, Mr. SANDERS, Mr. servance of the centennial of World setts (Mr. KERRY) was added as a co- SCHUMER, Mr. SESSIONS, Mrs. War I, and to designate memorials to sponsor of S. 584, a bill to establish the SHAHEEN, Mr. SHELBY, Ms. SNOWE, the service of men and women of the Social Work Reinvestment Commission Ms. STABENOW, Mr. TESTER, Mr. United States in World War I. to provide independent counsel to Con- THUNE, Mr. TOOMEY, Mr. UDALL of S. 325 gress and the Secretary of Health and Colorado, Mr. UDALL of New Mexico, Human Services on policy issues asso- Mr. VITTER, Mr. WARNER, Mr. WEBB, At the request of Mrs. MURRAY, the Mr. WHITEHOUSE, Mr. WICKER, and name of the Senator from Montana ciated with recruitment, retention, re- Mr. WYDEN): (Mr. TESTER) was added as a cosponsor search, and reinvestment in the profes- S. Res. 159. A resolution honoring the of S. 325, a bill to amend title 10, sion of social work, and for other pur- members of the military and intelligence United States Code, to require the pro- poses. community who carried out the mission that vision of behavioral health services to S. 587 killed Osama bin Laden, and for other pur- members of the reserve components of At the request of Mr. CASEY, the poses; submitted and read. name of the Senator from Maryland By Mr. BURR (for himself, Mrs. FEIN- the Armed Forces necessary to meet (Ms. MIKULSKI) was added as a cospon- STEIN, and Mrs. BOXER): pre-deployment and post-deployment S. Res. 160. A resolution designating May 6, readiness and fitness standards, and for sor of S. 587, a bill to amend the Safe 2011, as ‘‘Military Spouse Appreciation Day’’; other purposes. Drinking Water Act to repeal a certain exemption for hydraulic fracturing, considered and agreed to. S. 384 By Mr. LEAHY (for himself, Mr. and for other purposes. At the request of Mrs. FEINSTEIN, the GRASSLEY, and Mr. COONS): name of the Senator from North Da- S. 595 S. Res. 161. A resolution designating May At the request of Mrs. MURRAY, the kota (Mr. CONRAD) was added as a co- 2011, as ‘‘National Inventors Month’’; consid- name of the Senator from Idaho (Mr. ered and agreed to. sponsor of S. 384, a bill to amend title RISCH) was added as a cosponsor of S. 39, United States Code, to extend the f 595, a bill to amend title VIII of the El- authority of the United States Postal ementary and Secondary Education ADDITIONAL COSPONSORS Service to issue a semipostal to raise Act of 1965 to require the Secretary of funds for breast cancer research. S. 146 Education to complete payments under At the request of Mr. BAUCUS, the S. 490 such title to local educational agencies name of the Senator from Minnesota At the request of Mr. AKAKA, the eligible for such payments within 3 fis- (Ms. KLOBUCHAR) was added as a co- name of the Senator from Connecticut cal years. (Mr. BLUMENTHAL) was added as a co- sponsor of S. 146, a bill to amend the S. 596 sponsor of S. 490, a bill to amend title Internal Revenue Code of 1986 to extend At the request of Mr. WYDEN, the the work opportunity credit to certain 38, United States Code, to increase the names of the Senator from Massachu- maximum age for children eligible for recently discharged veterans. setts (Mr. BROWN), the Senator from medical care under the CHAMPVA pro- S. 164 Washington (Ms. CANTWELL) and the gram, and for other purposes. At the request of Ms. AYOTTE, her Senator from Ohio (Mr. BROWN) were name was added as a cosponsor of S. S. 491 added as cosponsors of S. 596, a bill to 164, a bill to repeal the imposition of At the request of Mr. PRYOR, the establish a grant program to benefit withholding on certain payments made name of the Senator from Montana victims of sex trafficking, and for to vendors by government entities. (Mr. TESTER) was added as a cosponsor other purposes. of S. 491, a bill to amend title 38, S. 211 S. 657 United States Code, to recognize the At the request of Mr. ISAKSON, the At the request of Mr. CARDIN, the service in the reserve components of name of the Senator from West Vir- name of the Senator from Arizona (Mr. the Armed Forces of certain persons by ginia (Mr. MANCHIN) was added as a co- KYL) was added as a cosponsor of S. 657, honoring them with status as veterans sponsor of S. 211, a bill to provide for a a bill to encourage, enhance, and inte- under law, and for other purposes. biennial budget process and a biennial grate Blue Alert plans throughout the S. 530 appropriations process and to enhance United States in order to disseminate At the request of Mrs. FEINSTEIN, the oversight and performance of the Fed- information when a law enforcement name of the Senator from New Jersey eral Government. officer is seriously injured or killed in (Mr. MENENDEZ) was added as a cospon- the line of duty. S. 214 sor of S. 530, a bill to modify certain S. 665 At the request of Mr. MENENDEZ, the subsidies for ethanol production, and At the request of Mr. BROWN of Ohio, name of the Senator from California for other purposes. the name of the Senator from Min- (Mrs. FEINSTEIN) was added as a co- S. 539 nesota (Mr. FRANKEN) was added as a sponsor of S. 214, a bill to amend the At the request of Mr. WHITEHOUSE, cosponsor of S. 665, a bill to promote Oil Pollution Act of 1990 to require oil the names of the Senator from Maine industry growth and competitiveness polluters to pay the full cost of oil (Ms. COLLINS), the Senator from Rhode and to improve worker training, reten- spills, and for other purposes. Island (Mr. REED), the Senator from tion, and advancement, and for other S. 215 New Mexico (Mr. BINGAMAN) and the purposes. At the request of Mr. MENENDEZ, the Senator from New York (Mr. SCHUMER) S. 668 name of the Senator from California were added as cosponsors of S. 539, a At the request of Mr. CORNYN, the (Mrs. FEINSTEIN) was added as a co- bill to amend the Public Health Serv- name of the Senator from Nebraska sponsor of S. 215, a bill to amend the ices Act and the Social Security Act to (Mr. JOHANNS) was added as a cospon- Internal Revenue Code of 1986 to re- extend health information technology sor of S. 668, a bill to remove unelected, quire oil polluters to pay the full cost assistance eligibility to behavioral unaccountable bureaucrats from sen- of oil spills, and for other purposes. health, mental health, and substance iors’ personal health decisions by re- S. 219 abuse professionals and facilities, and pealing the Independent Payment Ad- At the request of Mr. TESTER, the for other purposes. visory Board. name of the Senator from Oregon (Mr. S. 570 S. 712 MERKLEY) was added as a cosponsor of At the request of Mr. TESTER, the At the request of Mr. DEMINT, the S. 219, a bill to require Senate can- name of the Senator from Missouri name of the Senator from Arkansas

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.013 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2623 (Mr. BOOZMAN) was added as a cospon- S. 829 amendment No. 212 intended to be pro- sor of S. 712, a bill to repeal the Dodd- At the request of Mr. CARDIN, the posed to S. 493, a bill to reauthorize Frank Wall Street Reform and Con- name of the Senator from Massachu- and improve the SBIR and STTR pro- sumer Protection Act. setts (Mr. KERRY) was added as a co- grams, and for other purposes. S. 722 sponsor of S. 829, a bill to amend title AMENDMENT NO. 299 At the request of Mr. WYDEN, the XVIII of the Social Security Act to re- At the request of Ms. SNOWE, the name of the Senator from Kansas (Mr. peal the Medicare outpatient rehabili- name of the Senator from Florida (Mr. MORAN) was added as a cosponsor of S. tation therapy caps. RUBIO) was added as a cosponsor of 722, a bill to strengthen and protect S. 830 amendment No. 299 intended to be pro- Medicare hospice programs. At the request of Mrs. MURRAY, the posed to S. 493, a bill to reauthorize names of the Senator from Vermont and improve the SBIR and STTR pro- S. 745 (Mr. SANDERS) and the Senator from grams, and for other purposes. At the request of Mr. SCHUMER, the Ohio (Mr. BROWN) were added as co- name of the Senator from Oregon (Mr. f sponsors of S. 830, a bill to establish MERKLEY) was added as a cosponsor of STATEMENTS ON INTRODUCED partnerships to create or enhance edu- S. 745, a bill to amend title 38, United BILLS AND JOINT RESOLUTIONS cational and skills development path- States Code, to protect certain vet- ways to 21st century careers, and for By Mr. TESTER: erans who would otherwise be subject other purposes. S. 870. A bill to amend the Federal to a reduction in educational assist- S. 838 Water Pollution Control Act to modify ance benefits, and for other purposes. At the request of Mr. TESTER, the oil and hazardous substance liability, S. 747 name of the Senator from Louisiana and for other purposes; to the Com- At the request of Mr. CRAPO, the (Mr. VITTER) was added as a cosponsor mittee on Environment and Public names of the Senator from Utah (Mr. of S. 838, a bill to amend the Toxic Sub- Works. HATCH) and the Senator from Arkansas stances Control Act to clarify the ju- Mr. TESTER. Mr. President, on April (Mr. BOOZMAN) were added as cospon- risdiction of the Environmental Pro- 20, 2010, an explosion and fire destroyed sors of S. 747, a bill to amend title 23, tection Agency with respect to certain BP’s Deepwater Horizon oil rig, killing United States Code, with respect to ve- sporting good articles, and to exempt 11 workers and causing the largest oil hicle weight limitations applicable to those articles from a definition under spill in American history. the Interstate System, and for other that Act. A year later, the well is capped and Americans who live near and rely on purposes. S.J. RES. 4 the Gulf of Mexico are still struggling S. 752 At the request of Mr. SHELBY, the with the ramifications of the Deep- At the request of Mrs. FEINSTEIN, the name of the Senator from West Vir- water Horizon spill, while facing de- names of the Senator from California ginia (Mr. MANCHIN) was added as a co- struction from unprecedented storms (Mrs. BOXER) and the Senator from Vir- sponsor of S.J. Res. 4, a joint resolu- ripping across the region. Meantime, ginia (Mr. WEBB) were added as cospon- tion proposing an amendment to the BP, the second largest oil company in sors of S. 752, a bill to establish a com- Constitution of the United States the United States who just reported 7.1 prehensive interagency response to re- which requires (except during time of billion dollars in profits last quarter, is duce lung cancer mortality in a timely war and subject to suspension by Con- attempting to skirt their fines for this manner. gress) that the total amount of money unprecedented disaster. expended by the United States during S. 755 In early April, BP indicated it is ex- any fiscal year not exceed the amount At the request of Mr. WYDEN, the ploring wording in the Federal Water of certain revenue received by the name of the Senator from Massachu- Pollution Prevention Act or the Clean United States during such fiscal year setts (Mr. KERRY) was added as a co- Water Act which allows the court to and not to exceed 20 per cent of the sponsor of S. 755, a bill to amend the determine the fines by either the num- gross national product of the United Internal Revenue Code of 1986 to allow ber of days of the incident, or by the States during the previous calendar an offset against income tax refunds to number of barrels of oil spilled. Cur- year. pay for restitution and other State ju- rent law leaves the determination of dicial debts that are past due. S. RES. 80 which metric to use up to the court. In At the request of Mr. DURBIN, the S. 770 this case, the difference between these name of the Senator from Oregon (Mr. At the request of Mr. BROWN of Ohio, two metrics is enormous. At the low MERKLEY) was added as a cosponsor of the name of the Senator from Min- end, using the per-day charge of $32,500, S. Res. 80, a resolution condemning the nesota (Mr. FRANKEN) was added as a BP could pay less than $3 million for Government of Iran for its state-spon- cosponsor of S. 770, a bill to amend the the whole incident. This amount of sored persecution of its Baha’i minor- money isn’t sufficient to change BP’s Fair Labor Standards Act of 1938 to en- ity and its continued violation of the sure that employees are not safety culture and improve its work- International Covenants on Human place and environmental safety. misclassified as non-employees, and for Rights. other purposes. Per barrel fines range from $1,000 to S. RES. 116 $4,300 per barrel. Under this metric, S. 778 At the request of Mr. SCHUMER, the BP’s fines would total between $5 bil- At the request of Mr. MORAN, the name of the Senator from Washington lion and $18 billion, which is a much name of the Senator from Montana (Mrs. MURRAY) was added as a cospon- more appropriate fine for the environ- (Mr. TESTER) was added as a cosponsor sor of S. Res. 116, a resolution to pro- mental damage that was done. of S. 778, a bill to amend title XVIII of vide for expedited Senate consideration We must address this outrageous the Social Security Act with respect to of certain nominations subject to ad- loophole to prevent corporate polluters physician supervision of therapeutic vice and consent. from skirting accountability and re- hospital outpatient services. S. RES. 144 sponsibility if they wreak havoc on our S. 818 At the request of Mrs. HUTCHISON, the land and in our water. We must speak At the request of Mr. KERRY, the names of the Senator from Missouri the only language that corporations name of the Senator from Minnesota (Mr. BLUNT), the Senator from Mon- understand and that is profit. These (Ms. KLOBUCHAR) was added as a co- tana (Mr. TESTER), the Senator from fines, which are the only penalties the sponsor of S. 818, a bill to amend title Maine (Ms. SNOWE) and the Senator corporation cannot write off on their XVIII of the Social Security Act to from Hawaii (Mr. INOUYE) were added taxes, are critically important to send- count a period of receipt of outpatient as cosponsors of S. Res. 144, a resolu- ing a message that pollution doesn’t observation services in a hospital to- tion supporting early detection for profit; that corporations act respon- ward satisfying the 3-day inpatient breast cancer. sibly to protect workers and the re- hospital requirement for coverage of AMENDMENT NO. 212 sources they use. If we accept minimal skilled nursing facility services under At the request of Ms. AYOTTE, her fines, we are condoning this irrespon- Medicare. name was added as a cosponsor of sible behavior.

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.016 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2624 CONGRESSIONAL RECORD — SENATE May 3, 2011 Many will argue that we don’t need The Lytton Gaming Oversight Act ‘‘(b) DECLARATION.—The Secretary’’; and this legislation, because the court will would implement a reasonable solution (3) by striking the third sentence and in- fine them accordingly. But to date, the to this problem. serting the following: largest Clean Water Act fine ever lev- It does so by taking two simple steps. ‘‘(c) TREATMENT OF LAND FOR PURPOSES OF CLASS II GAMING.— ied was $13 million. $13 million is less It protects the sovereignty of the Tribe by ‘‘(1) IN GENERAL.—Subject to paragraph (2), than BP spent in 2009 on lobbying. allowing continued operation of existing notwithstanding any other provision of law, That is why I am introducing the gaming activities, provided the tribe follows the Lytton Rancheria of California may con- Pollution Accountability Act of 2011, standards established by the Indian Gaming duct activities for class II gaming (as defined which requires the court to fine viola- Regulatory Act for gaming on newly-ac- in section 4 of the Indian Gaming Regulatory quired lands in the future. tors of the Clean Water Act whichever Act (25 U.S.C. 2703)) on the land taken into Secondly it protects the interest of the trust under this section. fine is higher, per day or per barrel. If surrounding community by precluding any you pollute, there will be con- ‘‘(2) REQUIREMENT.—The Lytton Rancheria physical or operational expansion of the of California shall not expand the exterior sequences. There will be account- Tribe’s current gaming facility unless the physical measurements of any facility on the ability. We will demand responsibility. Tribe consults with locals and obtains the Lytton Rancheria in use for class II gaming I urge my colleagues to join me in consent of the Governor and the Secretary of activities on the date of enactment of this supporting this legislation and expedi- the Interior as required by current law. paragraph. tiously passing it into law. The bill does not modify or eliminate ‘‘(d) TREATMENT OF LAND FOR PURPOSES OF the tribe’s federal recognition status. CLASS III GAMING.—Notwithstanding sub- By Mrs. FEINSTEIN: It does not alter the trust status of the section (a), for purposes of class III gaming S. 872. A bill to amend the Omnibus Tribe’s land. It does not take away the (as defined in section 4 of the Indian Gaming Indian Advancement Act to modify the Tribe’s ability to conduct gaming Regulatory Act (25 U.S.C. 2703)), the land date as of which certain tribal land of taken into trust under this section shall be through the standard process pre- treated, for purposes of section 20 of the In- the Lytton Rancheria of California is scribed by current law. dian Gaming Regulatory Act (25 U.S.C. 2719), considered to be held in trust and to Circumventing the Indian Gaming as if the land was acquired on October 9, 2003, provide for the conduct of certain ac- Regulatory Act process deprives local the date on which the Secretary took the tivities on the land; to the Committee and tribal governments the ability to land into trust.’’. on Indian Affairs. weigh in on this incredibly important f Mrs. FEINSTEIN. Mr. President, I issue. rise today to reintroduce the Lytton A 2006 report entitled Gambling in SUBMITTED RESOLUTIONS Gaming Oversight Act. This legislation the Golden State found serious prob- will ensure that regular process under lems associated with gambling estab- SENATE RESOLUTION 159—HON- Federal law is followed when Native lishments; casinos are associated with ORING THE MEMBERS OF THE American tribes take land into trust a 10 percent increase in violent crime, MILITARY AND INTELLIGENCE for operating gaming facilities. a 10 percent increase in bankruptcy COMMUNITY WHO CARRIED OUT Congress passed the Omnibus Indian rates, and a per capita increase of THE MISSION THAT KILLED Advancement Act in 2000, which in- $15.34 for law enforcement. OSAMA BIN LADEN, AND FOR cluded a provision to re-recognize the If this bill is not approved, the OTHER PURPOSES Lytton Band of Pomo Indians and Lytton Tribe could take the existing allow them to acquire trust land in the casino that serves as their reservation Mr. REID of Nevada (for himself, Mr. San Francisco Bay area. and turn it into a large Nevada-style MCCONNELL, Mr. AKAKA, Mr. ALEX- The Lytton Band has had a long and gambling complex. In fact, this is ex- ANDER, Ms. AYOTTE, Mr. BARRASSO, Mr. difficult history in my state, and by all actly what was proposed in the summer BAUCUS, Mr. BEGICH, Mr. BENNET, Mr. accounts the Tribe deserved to be rec- of 2004. I am pleased that the tribe has BINGAMAN, Mr. BLUMENTAL, Mr. BLUNT, ognized and have a homeland. abandoned the plan seeking a sizable Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN But the Omnibus Indian Advance- Class III casino, but without this legis- of Massachusetts, Mr. BROWN of Ohio, ment Act did so in a way that was both lation the tribe could reverse their de- Mr. BURR, Ms. CANTWELL, Mr. CARDIN, controversial and unfair in how it cision at any time. Mr. CARPER, Mr. CASEY, Mr. granted an individual tribe an unprece- Identical legislation passed this body CHAMBLISS, Mr. COATS, Mr. COBURN, dented exemption to the law. in the past two Congresses. It had Mr. COCHRAN, Ms. COLLINS, Mr. The land taken into trust for the unanimous approval from both Demo- CONRAD, Mr. COONS, Mr. CORKER, Mr. Lytton Band was miles away from crats and Republicans. This is in large CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. their historical homeland and it treat- part because I have worked and nego- DURBIN, Mr. ENSIGN, Mr. ENZI, Mrs. ed the acquisition as if it was com- tiated with the Tribe to ensure that FEINSTEIN, Mr. FRANKEN, Mrs. pleted before 1988. this legislation is fair and balanced. GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Why would something like that mat- The bill is simple, straightforward, LEY, Mrs. HAGAN, Mr. HARKIN, Mr. ter? and reasonable. It restores the intent HATCH, Mr. HOEVEN, Mrs. HUTCHISON, The answer is simple: the land the of Congress and preserves the sov- Mr. INHOFE, Mr. INOUYE, Mr. ISAKSON, tribe acquired was home to an existing ereignty of the Lytton Band. Mr. JOHANNS, Mr. JOHNSON of Wis- casino and 1988 is the year that Con- I urge my colleagues to support this consin, Mr. JOHNSON of South Dakota, gress passed the Indian Gaming Regu- bill, and look forward to working with Mr. KERRY, Mr. KIRK, Ms. KLOBUCHAR, latory Act. you to ensure its passage again in the Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. Therefore, by treating the land as if coming year. LAUTENBERG, Mr. LEAHY, Mr. LEE, Mr. it were taken into trust before 1988, the There being no objection, the text of LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. Tribe is able to operate the casino out- the bill was ordered to be printed in MANCHIN, Mr. MCCAIN, Mrs. MCCASKILL, side the framework set up by Congress the RECORD, as follows: Mr. MENENDEZ, Mr. MERKLEY, Ms. to govern how and where tribes may S. 872 MILULSKI, Mr. MORAN, Ms. MURKOWSKI, open casinos. Be it enacted by the Senate and House of Rep- Mrs. MURRAY, Mr. NELSON of Nebraska, The Omnibus Indian Advancement resentatives of the United States of America in Mr. NELSON of Florida, Mr. PAUL, Mr. Act set aside well-established rules and Congress assembled, PORTMAN, Mr. PRYOR, Mr. REED of procedures, and left the government SECTION 1. LYTTON RANCHERIA OF CALIFORNIA. Rhode Island, Mr. RISCH, Mr. ROBERTS, with little ability to regulate the Section 819 of the Omnibus Indian Ad- Mr. ROCKEFELLER, Mr. RUBIO, Mr. Lytton Band’s gaming operation. vancement Act (Public Law 106–568; 114 Stat. SANDERS, Mr. SCHUMER, Mr. SESSIONS, The result: the Lytton Band acquired 2919) is amended— Mrs. SHAHEEN, Mr. SHELBY, Ms. SNOWE, (1) in the first sentence, by striking ‘‘Not- land and a casino without having to go Ms. STABENOW, Mr. TESTER, Mr. THUNE, withstanding’’ and inserting the following: OOMEY DALL through the normal oversight process. ‘‘(a) ACCEPTANCE OF LAND.—Notwith- Mr. T , Mr. U of Colorado, No local input. No community feed- standing’’; Mr. UDALL of New Mexico, Mr. VITTER, back and no consideration for the best (2) in the second sentence, by striking Mr. WARNER, Mr. WEBB, Mr. interest of the region. ‘‘The Secretary’’ and inserting the following: WHITEHOUSE, Mr. WICKER, and Mr.

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.020 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2625 WYDEN) submitted the following reso- the United States and around the world who Whereas American inventors have contrib- lution; which was submitted and read: have been killed by other al Qaeda-sponsored uted to advances in life sciences, technology, attacks, the men and women of the United and manufacturing; S. RES. 159 States Armed Forces and the intelligence Whereas the Constitution specifically pro- Whereas, on May 1, 2011, United States per- community who have sacrificed their lives vides for the granting of exclusive rights to sonnel killed terrorist leader Osama bin pursuing Osama bin Laden and al Qaeda; inventors for their discoveries; Laden during the course of a targeted strike (2) commends the men and women of the Whereas the United States patent system against his secret compound in Abbottabad, United States Armed Forces and the United is intended to implement that constitutional Pakistan; States intelligence community for the tre- imperative and incentivize inventions; Whereas Osama bin Laden was the leader mendous commitment, perseverance, profes- Whereas American inventors benefit from of the al Qaeda terrorist organization, the sionalism, and sacrifice they displayed in an up-to-date and efficient patent system most significant terrorism threat to the bringing Osama bin Laden to justice; and the economy, jobs, and consumers of the United States and the international commu- (3) commends the men and women of the United States benefit from the inventions; nity; United States Armed Forces and the United Whereas the next great American inven- Whereas Osama bin Laden was the archi- States intelligence community for commit- tion could be among the 700,000 patent appli- tect of terrorist attacks which killed nearly ting themselves to defeating, disrupting, and cations pending as of the date of approval of 3,000 civilians on September 11, 2001, the dismantling al Qaeda; this resolution in the United States Patent most deadly terrorist attack against our Na- tion, in which al Qaeda terrorists hijacked (4) commends the President for ordering and Trademark Office; four airplanes and crashed them into the the successful operations to locate and Whereas the last changes to the United World Trade Center in New York City, the eliminate Osama bin Laden; and States patent system were made nearly 60 Pentagon in Washington, D.C., and, due to (5) reaffirms its commitment to disrupting, years ago; heroic efforts by civilian passengers to dis- dismantling, and defeating al Qaeda and af- Whereas an updated patent system will un- rupt the terrorists, near Shanksville, Penn- filiated organizations around the world that leash innovation and create jobs in the sylvania; threaten United States national security, United States without adding to the deficit; Whereas Osama bin Laden planned or sup- eliminating a safe haven for terrorists in Af- Whereas every May, a new class of inven- ported numerous other deadly terrorist at- ghanistan and Pakistan, and bringing terror- tors is inducted into the National Inventors tacks against the United States and its al- ists to justice. Hall of Fame; lies, including the 1998 bombings of United f Whereas in the 112th Congress, a bill was States embassies in Kenya and Tanzania and introduced in the House of Representatives the 2000 attack on the U.S.S. Cole in Yemen, SENATE RESOLUTION 160—DESIG- entitled the ‘‘America Invents Act’’ (H.R. and against innocent civilians in countries NATING MAY 6, 2011, AS ‘‘MILI- 1249) to make reforms to the United States around the world, including the 2004 attack TARY SPOUSE APPRECIATION patent system; and on commuter trains in Madrid, Spain and the DAY’’ Whereas the Senate on March 8, 2011, 2005 bombings of the mass transit system in passed the bill entitled the ‘‘America Invents Mr. BURR (for himself, Mrs. FEIN- London, England; Act’’ (S. 23), which will make the first com- Whereas, following the September 11, 2001, STEIN, and Mrs. BOXER) submitted the prehensive reforms to the United States pat- terrorist attacks, the United States, under following resolution; which was consid- ent system in nearly 60 years: Now, there- President George W. Bush, led an inter- ered and agreed to: fore, be it Resolved, That the Senate designates May national coalition into Afghanistan to dis- S. RES. 160 2011, as ‘‘National Inventors Month’’. mantle al Qaeda, deny them a safe haven in Whereas the month of May marks ‘‘Na- Afghanistan and ungoverned areas along the tional Military Appreciation Month’’; f Pakistani border, and bring Osama bin Whereas military spouses provide vital AMENDMENTS SUBMITTED AND Laden to justice; support to men and women in the Armed PROPOSED Whereas President Barack Obama in 2009 Forces and help to make the service of such committed additional forces and resources to men and women in the Armed Forces pos- SA 303. Mr. ALEXANDER (for himself, Mr. efforts in Afghanistan and Pakistan as ‘‘the sible; GRAHAM, and Mr. DEMINT) submitted an central front in our enduring struggle Whereas military spouses have been sepa- amendment intended to be proposed by him against terrorism and extremism’’; rated from loved ones because of deployment to the bill S. 493, to reauthorize and improve Whereas the valiant members of the United in support of overseas contingency oper- the SBIR and STTR programs, and for other States Armed Forces have courageously and ations and other military missions carried purposes; which was ordered to lie on the vigorously pursued al Qaeda and its affiliates out by the Armed Forces; table. in Afghanistan and around the world; Whereas the establishment of ‘‘Military SA 304. Mr. MERKLEY submitted an Whereas the anonymous, unsung heroes of Spouse Appreciation Day’’ is an appropriate amendment intended to be proposed by him the intelligence community have pursued al way to honor the spouses of members of the to the bill S. 493, supra; which was ordered to Qaeda and affiliates in Afghanistan, Paki- Armed Forces; and lie on the table. stan, and around the world with tremendous Whereas May 6, 2011, would be an appro- SA 305. Mr. MERKLEY submitted an dedication, sacrifice, and professionalism; priate date to establish as ‘‘Military Spouse amendment intended to be proposed by him Whereas the close collaboration between Appreciation Day’’: Now, therefore, be it to the bill S. 493, supra; which was ordered to the Armed Forces and the intelligence com- Resolved, That the Senate— lie on the table. munity prompted the Director of National (1) designates May 6, 2011, as ‘‘Military SA 306. Mr. MERKLEY submitted an Intelligence, General James Clapper, to Spouse Appreciation Day’’; amendment intended to be proposed by him state, ‘‘Never have I seen a more remarkable (2) honors and recognizes the contributions to the bill S. 493, supra; which was ordered to example of focused integration, seamless col- made by spouses of members of the Armed lie on the table. laboration, and sheer professional magnifi- Forces; and SA 307. Mr. MERKLEY submitted an cence as was demonstrated by the Intel- (3) encourages the people of the United amendment intended to be proposed by him ligence Community in the ultimate demise States to observe ‘‘Military Spouse Appre- to the bill S. 493, supra; which was ordered to of Osama bin Laden.’’; ciation Day’’ to promote awareness of the lie on the table. Whereas, while the death of Osama bin contributions of spouses of members of the SA 308. Mr. MERKLEY submitted an Laden represents a significant blow to the al Armed Forces and the importance of the role amendment intended to be proposed by him Qaeda organization and its affiliates and to of military spouses in the lives of members to the bill S. 493, supra; which was ordered to terrorist organizations around the world, of the Armed Forces and veterans. lie on the table. terrorism remains a critical threat to United SA 309. Mr. COBURN (for himself, Mrs. States national security; and f FEINSTEIN, Mr. BURR, Mr. WEBB, Ms. COLLINS, Whereas President Obama said, ‘‘For over SENATE RESOLUTION 161—DESIG- Mr. CARDIN, and Mr. RISCH) submitted an two decades, bin Laden has been al Qaeda’s NATING MAY 2011, AS ‘‘NATIONAL amendment intended to be proposed by him to the bill S. 493, supra; which was ordered to leader and symbol, and has continued to plot INVENTORS MONTH’’ attacks against our country and our friends lie on the table. and allies. The death of bin Laden marks the Mr. LEAHY (for himself, Mr. GRASS- SA 310. Mr. MCCAIN submitted an amend- most significant achievement to date in our LEY, and Mr. COONS) submitted the fol- ment intended to be proposed by him to the Nation’s effort to defeat al Qaeda.’’: Now, lowing resolution; which was consid- bill S. 493, supra; which was ordered to lie on therefore, be it ered and agreed to: the table. Resolved, That the Senate— SA 311. Mr. DEMINT submitted an amend- (1) declares that the death of Osama bin S. RES. 161 ment intended to be proposed by him to the Laden represents a measure of justice and re- Whereas the first United States patent was bill S. 493, supra; which was ordered to lie on lief for the families and friends of the nearly issued in 1790 to Samuel Hopkins of the the table. 3,000 men and women who lost their lives on State of Vermont for a process to make bet- SA 312. Mr. MCCAIN submitted an amend- September 11, 2001, the men and women in ter fertilizer; ment intended to be proposed by him to the

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Mr. MERKLEY submitted an amendment intended to be proposed by him ‘‘(E) developing and manufacturing in the amendment intended to be proposed by to the bill S. 493, supra; which was ordered to United States new commercial products and him to the bill S. 493, to reauthorize lie on the table. processes resulting from such projects.’’; and improve the SBIR and STTR pro- SA 315. Mr. MERKLEY submitted an grams, and for other purposes; which amendment intended to be proposed by him SA 305. Mr. MERKLEY submitted an was ordered to lie on the table; as fol- to the bill S. 493, supra; which was ordered to amendment intended to be proposed by lows: lie on the table. him to the bill S. 493, to reauthorize SA 316. Mr. MERKLEY submitted an On page 115, line 8, insert after ‘‘programs’’ amendment intended to be proposed by him and improve the SBIR and STTR pro- grams, and for other purposes; which the following: ‘‘, including the impact on to the bill S. 493, supra; which was ordered to production and manufacturing in the United was ordered to lie on the table; as fol- lie on the table. States’’. SA 317. Mr. KERRY (for himself, Mr. lows: LUGAR, and Mr. UDALL of Colorado) sub- On page 83, line 15, strike ‘‘and’’ and all mitted an amendment intended to be pro- that follows through line 22 and insert the SA 309. Mr. COBURN (for himself, posed by him to the bill S. 493, supra; which following: Mrs. FEINSTEIN, Mr. BURR, Mr. WEBB, was ordered to lie on the table . ‘‘(viii) the Federal agency to which the ap- Ms. COLLINS, Mr. CARDIN, and Mr. f plication is made, and contact information RISCH) submitted an amendment in- for the person or office within the Federal TEXT OF AMENDMENTS tended to be proposed by him to the agency that is responsible for reviewing ap- bill S. 493, to reauthorize and improve SA 303. Mr. ALEXANDER (for him- plications and making awards under the SBIR program or the STTR program; and the SBIR and STTR programs, and for self, Mr. GRAHAM, and Mr. DEMINT) other purposes; which was ordered to submitted an amendment intended to ‘‘(ix) whether the small business concern— ‘‘(I) has a product, process, technology, or lie on the table; as follows: be proposed by him to the bill S. 493, to service that received funding under the SBIR At the end of title V, add the following: reauthorize and improve the SBIR and or STTR program of a Federal agency and STTR programs, and for other pur- that is produced or delivered for sale to or SEC. lll. REPEAL OF VEETC. poses; which was ordered to lie on the use by the Federal Government or commer- (a) SHORT TITLE.—This section may be cial markets; and table; as follows: cited as the ‘‘Ethanol Subsidy and Tariff Re- ‘‘(II) for each product, process, technology, At the appropriate place, insert the fol- peal Act’’. lowing: or service described in subclause (I), is test- ing or producing the product, process, tech- (b) ELIMINATION OF EXCISE TAX CREDIT OR SEC. ll. PROTECTION OF RIGHT TO WORK. nology, or service in the United States;’’; PAYMENT.— (a) APPLICABILITY OF NLRA TO STATE (1) Section 6426(b)(6) of the Internal Rev- RIGHT TO WORK LAWS.—Section 14 of the Na- enue Code of 1986 is amended by striking tional Labor Relations Act (29 U.S.C. 164) is SA 306. Mr. MERKLEY submitted an amendment intended to be proposed by ‘‘December 31, 2011’’ and inserting ‘‘the later amended by striking subsection (b) and in- of June 30, 2011, or the date of the enactment him to the bill S. 493, to reauthorize serting the following: of the Ethanol Subsidy and Tariff Repeal ‘‘(b) Nothing in this Act shall be construed and improve the SBIR and STTR pro- Act)’’. to limit the application of any State law grams, and for other purposes; which (2) Section 6427(e)(6)(A) of such Code is that prohibits, or otherwise places restraints was ordered to lie on the table; as fol- amended by striking ‘‘December 31, 2011’’ and upon, agreements between labor organiza- lows: inserting ‘‘the later of June 30, 2011, or the tions and employers that make membership On page 90, line 10, strike ‘‘and’’ and all date of the enactment the Ethanol Subsidy in the labor organization, or that require the and Tariff Repeal Act’’. payment of dues or fees to such organization, that follows through line 13 and insert the a condition of employment either before or following: (c) ELIMINATION OF INCOME TAX CREDIT.— after hiring.’’. ‘‘(C) estimate, to the extent practicable, The table contained in section 40(h)(2) of the (b) APPLICABILITY OF RAILWAY LABOR ACT the number of jobs created by the SBIR pro- Internal Revenue Code of 1986 is amended— TO STATE RIGHT TO WORK LAWS.—Title II of gram or STTR program of the agency; (1) by striking ‘‘2011’’ and inserting ‘‘the the Railway Labor Act (45 U.S.C. 181 et seq.) ‘‘(D) estimate, to the extent practicable, later of June 30, 2011, or the date of the en- is amended by adding at the end the fol- the amount of production and manufacturing actment of the Ethanol Subsidy and Tariff lowing: in the United States that resulted from Repeal Act’’, ‘‘SEC. 209. EFFECT ON STATE RIGHT TO WORK awards under the SBIR program or STTR (2) by adding at the end the following: LAWS. program of the agency; and ‘‘Nothing in this Act shall be construed to ‘‘(E) make recommendations, if any, for limit the application of any State law that changes to the SBIR program or STTR pro- ‘‘After such date ...... zero zero’’. prohibits, or otherwise places restraints gram of the agency that would increase pro- upon, agreements between labor organiza- duction and manufacturing in the United tions and carriers that make membership in States. (d) REPEAL OF DEADWOOD.— the labor organization, or that require the (1) Section 40(h) of the Internal Revenue payment of dues or fees to such organization, SA 307. Mr. MERKLEY submitted an Code of 1986 is amended by striking para- a condition of employment either before or amendment intended to be proposed by graph (3). after hiring.’’. him to the bill S. 493, to reauthorize (2) Section 6426(b)(2) of such Code is amend- ed by striking subparagraph (C). and improve the SBIR and STTR pro- SA 304. Mr. MERKLEY submitted an grams, and for other purposes; which (e) EFFECTIVE DATE.—The amendments amendment intended to be proposed by made by this section shall apply to any sale, was ordered to lie on the table; as fol- use, or removal for any period after the later him to the bill S. 493, to reauthorize lows: and improve the SBIR and STTR pro- of June 30, 2011, or the date of the enactment On page 91, line 20, strike ‘‘and’’ and all grams, and for other purposes; which of the Act. that follows through line 22 and insert the SEC. lll. REMOVAL OF TARIFFS ON ETHANOL. was ordered to lie on the table; as fol- following: lows: ‘‘(3) the dollar amount of the Phase III (a) DUTY-FREE TREATMENT.—Chapter 98 of On page 49, line 16, strike ‘‘and’’ and all award; and the Harmonized Tariff Schedule of the that follows through line 18 and insert the ‘‘(4) whether the small business concern or United States is amended by adding at the following: individual receiving the Phase III award is end the following new subchapter:

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Rates of Duty Heading/ Sub- Article Description 1 heading 2 General Special

9823.01.01 Ethyl alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mixture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of gasoline and alcohol, a mixture of a special fuel and alco- hol, or any other mixture to be used as fuel (including motor fuel provided for in subheading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses ...... Free Free 20%’’.

(b) CONFORMING AMENDMENTS.—Subchapter (4) a determination that the anticipated (A) the total number of Tribal or native I of chapter 99 of the Harmonized Tariff cost of the contract will be fair and reason- members employed under each contract; and Schedule of the United States is amended— able; and (B) the ratio of Tribal or native members (1) by striking heading 9901.00.50; and (5) such other matters as the Secretary to other individuals directly employed under (2) by striking U.S. notes 2 and 3. shall specify for purposes of this section. each contract. (c) EFFECTIVE DATE.—The amendments (d) ADJUSTMENT OF AMOUNTS.—The dollar made by this section apply to goods entered, amounts described in subsection (b) shall be SA 313. Mr. MCCAIN submitted an or withdrawn from warehouse for consump- adjusted for inflation in accordance with sec- amendment intended to be proposed by tion, on or after the later of June 30, 2011, or tion 1908 of title 41, United States Code. him to the bill S. 493, to reauthorize the date of the enactment of this Act. and improve the SBIR and STTR pro- SA 311. Mr. DEMINT submitted an amendment intended to be proposed by grams, and for other purposes; which SA 310. Mr. MCCAIN submitted an him to the bill S. 493, to reauthorize was ordered to lie on the table; as fol- amendment intended to be proposed by and improve the SBIR and STTR pro- lows: him to the bill S. 493, to reauthorize grams, and for other purposes; which At the end, add the following: and improve the SBIR and STTR pro- was ordered to lie on the table; as fol- SEC. 504. ALASKA NATIVE CORPORATIONS AND ALASKA NATIVE VILLAGES. grams, and for other purposes; which lows: was ordered to lie on the table; as fol- (a) IN GENERAL.—Section 29(e) of the Alas- At the appropriate place, insert the fol- ka Native Claims Settlement Act (43 U.S.C. lows: lowing: 1626(e)) is amended— At the end, add the following: SEC. ll. NATIONAL RIGHT-TO-WORK. (1) in paragraph (1), by striking ‘‘For all SEC. 504. PROHIBITION ON CERTAIN NO-BID CON- (a) AMENDMENTS TO THE NATIONAL LABOR purposes of’’ and inserting ‘‘Except as pro- TRACTS. RELATIONS ACT.— vided in paragraph (5), for all purposes of’’; (1) RIGHTS OF EMPLOYEES.—Section 7 of the (2) in paragraph (2), by striking ‘‘For all (a) DEFINITIONS.—In this section— National Labor Relations Act (29 U.S.C. 157) (1) the term ‘‘appropriate official’’ means purposes of’’ and inserting ‘‘Except as pro- is amended by striking ‘‘except to’’ and all the official of the Department who is des- vided in paragraph (5), for all purposes of’’; that follows through ‘‘authorized in section ignated to approve the award of sole-source and 8(a)(3)’’. contracts; (3) by adding at the end the following: (2) UNFAIR LABOR PRACTICES.—Section 8 of ‘‘(5) For purposes of sections 7(j)(10) and (2) the term ‘‘covered participant’’ means the National Labor Relations Act (29 U.S.C. 8(a) of the Small Business Act (15 U.S.C. an Indian tribe, Alaska Native Corporation 158) is amended— 636(j)(10) and 637(a)), whether a Native Cor- or Alaska Native Village, Native Hawaiian (A) in subsection (a)(3), by striking ‘‘: Pro- poration or Native village or a direct and in- Organization, or community development vided, That’’ and all that follows through direct subsidiary corporation, joint venture, corporation participating in the program ‘‘retaining membership’’; or partnership of a Native Corporation or under section 8(a) of the Small Business Act (B) in subsection (b)— Native village is economically disadvantaged (15 U.S.C. 637(a)); (i) in paragraph (2), by striking ‘‘or to dis- shall be determined in accordance with sec- (3) the term ‘‘Department’’ means the De- criminate’’ and all that follows through ‘‘re- tion 8(a)(6) of the Small Business Act.’’. partment of Homeland Security; and taining membership’’; and (b) STANDARDS.—Section 8(a)(6) of the (4) the term ‘‘Secretary’’ means the Sec- (ii) in paragraph (5), by striking ‘‘covered Small Business Act (15 U.S.C. 637(a)(6)) is retary of Homeland Security. by an agreement authorized under sub- amended— (b) IN GENERAL.—The Federal Acquisition section (a)(3) of this section’’; and (1) in subparagraph (A), in the third sen- Regulatory Council shall amend the Federal (C) in subsection (f), by striking clause (2) tence, by inserting ‘‘including an Alaska Na- Acquisition Regulation to provide that the and redesignating clauses (3) and (4) as tive Corporation or Alaska Native Village,’’ Secretary may not award a sole-source con- clauses (2) and (3), respectively. after ‘‘Indian tribe,’’; and tract under the program under section 8(a) of (b) AMENDMENT TO THE RAILWAY LABOR (2) by adding at the end the following: the Small Business Act (15 U.S.C. 637(a)) to a ACT.—Section 2 of the Railway Labor Act (45 ‘‘(F) For purposes of this subsection and covered participant for an amount exceeding U.S.C. 152) is amended by striking paragraph section 7(j)(10), the Administrator shall an- $4,000,000, if the covered contract is for the Eleven. nually determine whether an Alaska Native procurement of services, or $6,500,000 if the Corporation or Alaska Native Village is eco- covered contract is for the procurement of SA 312. Mr. MCCAIN submitted an nomically disadvantaged in the same man- property, unless— amendment intended to be proposed by ner as for an applicant for or participant in (1) the contracting officer for the contract him to the bill S. 493, to reauthorize the program under this subsection that— justifies the use of a sole-source contract in and improve the SBIR and STTR pro- ‘‘(i) is an Indian tribe; and writing; grams, and for other purposes; which ‘‘(ii) is not an Alaska Native Corporation (2) the justification is approved by the ap- or Alaska Native Village.’’. was ordered to lie on the table; as fol- (c) REGULATIONS.—Not later than 270 days propriate official designated to approve con- lows: tract awards for dollar amounts that are after the date of enactment of this Act, the comparable to the amount of the sole-source At the end, add the following: Administrator shall amend the regulations contract; and SEC. 504. OVERSIGHT BY THE SMALL BUSINESS issued under sections 7(j)(10) and 8(a) of the (3) the justification and related informa- ADMINISTRATION OF NO-BID CON- Small Business Act (15 U.S.C. 636(j)(10) and TRACTS AWARDED TO TRIBALLY- tion are made public. 637(a)) in accordance with this section and OWNED SMALL BUSINESS CON- the amendments made by this section, which (c) ELEMENTS OF JUSTIFICATION.—The jus- CERNS. shall include establishing criteria for deter- tification of a sole-source contract required The Administrator of the Small Business mining whether an Alaska Native Corpora- under subsection (b) shall include— Administration shall amend section 124.604 tion or Alaska Native Village is economi- (1) a description of the needs of the Depart- of title 13, Code of Federal Regulations, to cally disadvantaged. ment for the matters covered by the con- specify that the information required to be tract; submitted under such section 124.604— SA 314. Mr. MERKLEY submitted an (2) a specification of the statutory provi- (1) is required to be submitted to the Small amendment intended to be proposed by sion providing the exception from the re- Business Administration as part of any an- quirement to use competitive procedures in nual review submission made on or after him to the bill S. 493, to reauthorize entering into the contract; September 14, 2011; and and improve the SBIR and STTR pro- (3) a determination that the use of a sole- (2) shall include, for each contract entered grams, and for other purposes; which source contract is in the best interest of the into under the program under section 8(a) of was ordered to lie on the table; as fol- Department; the Small Business Act (15 U.S.C. 637(a))— lows:

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.034 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2628 CONGRESSIONAL RECORD — SENATE May 3, 2011 On page 116, strike lines 15 and 16 and in- ‘‘(II) for each product, process, technology, (D) in subparagraph (D), by striking the pe- sert the following: or service described in subclause (I), is test- riod at the end and inserting ‘‘; and’’; and SEC. 503. CREATING DOMESTIC MANUFACTURING ing or producing the product, process, tech- (E) by adding at the end the following: JOBS. nology, or service in the United States;’’. ‘‘(E) developing and manufacturing in the (a) TECHNICAL ASSISTANCE.—Section 9(q)(1) (f) EVALUATION BY NATIONAL ACADEMY OF United States new commercial products and of the Small Business Act (15 U.S.C. SCIENCIES.—Section 108(e)(1) of the Small processes resulting from such projects.’’; 638(q)(1)), as amended by this Act, is amend- Business Reauthorization Act of 2000 (15 (2) in paragraph (2), by striking ‘‘3 years’’ ed— U.S.C. 638 note), as added by this Act, is and inserting ‘‘5 years’’; and (1) in subparagraph (C), by striking ‘‘and’’ amended— (3) in paragraph (3)— at the end; (1) in subparagraph (B), by striking ‘‘and’’ (A) in subparagraph (A)— (2) in subparagraph (D), by striking the pe- at the end; (i) by inserting ‘‘or STTR’’ after ‘‘SBIR’’; riod at the end and inserting ‘‘; and’’; and (2) in subparagraph (C), by striking the pe- and (3) by adding at the end the following: riod at the end and inserting ‘‘; and’’; and (ii) by striking ‘‘$4,000’’ and inserting ‘‘(E) developing and manufacturing in the (3) by adding at the end the following: ‘‘$5,000’’; United States new commercial products and ‘‘(D) estimate, to the extent practicable, (B) by striking subparagraph (B) and in- processes resulting from such projects.’’; the amount of production and manufacturing serting the following: (b) SBIR DATA COLLECTION.—Section in the United States that resulted from ‘‘(B) PHASE II.—A Federal agency described 9(g)(8)(A) of the Small Business Act, as added awards under the SBIR program or STTR in paragraph (1) may— by this Act, is amended— program of the agency; and ‘‘(i) provide to the recipient of a Phase II (1) in clause (vi), by striking ‘‘or’’ at the ‘‘(E) make recommendations, if any, for SBIR or STTR award, through a vendor se- end; changes to the SBIR program or STTR pro- (2) in clause (vii), by striking ‘‘and’’ at the lected under paragraph (2), the services de- gram of the agency that would increase pro- scribed in paragraph (1), in an amount equal end and inserting ‘‘or’’; and duction and manufacturing in the United (3) by adding at the end the following: to not more than $5,000 per year; or States.’’. ‘‘(ii) authorize the recipient of a Phase II ‘‘(viii)(I) has a product, process, tech- (g) TECHNOLOGY INSERTION REPORTING RE- SBIR or STTR award to purchase the serv- nology, or service that received funding QUIREMENTS.—Section 9(ii) of the Small Busi- under the SBIR program of the Federal agen- ness Act, as added by this Act, is amended— ices described in paragraph (1), in an amount cy and that is produced or delivered for sale (1) in paragraph (2), by striking ‘‘and’’ at equal to not more than $5,000 per year, which to or use by the Federal Government or com- the end; shall be in addition to the amount of the re- mercial markets; and (2) in paragraph (3), by striking the period cipient’s award.’’; and ‘‘(II) for each product, process, technology, at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: or service described in subclause (I), is test- (3) by adding at the end the following: ‘‘(C) FLEXIBILITY.—In carrying out sub- ing or producing the product, process, tech- ‘‘(4) whether the small business concern or paragraphs (A) and (B), each Federal agency nology, or service in the United States; individual receiving the Phase III award is shall provide the allowable amounts to a re- and’’. developing, testing, producing, or manufac- cipient that meets the eligibility require- (c) STTR DATA COLLECTION.—Section turing the product or service that is the sub- ments under the applicable subparagraph, if 9(o)(9)(A) of the Small Business Act, as added ject of the Phase III award in the United the recipient requests to seek technical as- by this Act, is amended— States.’’. sistance from an individual or entity other (1) in clause (vi), by striking ‘‘or’’ at the (h) INTERAGENCY POLICY COMMITTEE.—In than the vendor selected under paragraph (2) end; addition to the duties established under sec- by the Federal agency. (2) in clause (vii), by striking ‘‘and’’ at the tion 314 of this Act, the Interagency SBIR/ ‘‘(D) LIMITATION.—A Federal agency may end and inserting ‘‘or’’; and STTR Policy Committee established under not— (3) by adding at the end the following: section 314 of this Act shall identify ways for ‘‘(i) use the amounts authorized under sub- ‘‘(viii)(I) has a product, process, tech- Federal agencies to create incentives for re- paragraph (A) or (B) unless the vendor se- nology, or service that received funding cipients of awards under the SBIR program lected under paragraph (2) provides the tech- under the STTR program of the Federal and the STTR program to carry out re- nical assistance to the recipient; or agency and that is produced or delivered for search, development, testing, production, ‘‘(ii) enter a contract with a vendor under sale to or use by the Federal Government or and manufacturing in the United States. paragraph (2) under which the amount pro- commercial markets; and (i) REPORT ON PROGRAM GOALS.—Section vided for technical assistance is based on ‘‘(II) for each product, process, technology, 9(ll)(1)(C) of the Small Business Act, as total number of Phase I or Phase II awards.’’. added by this Act, is amended by inserting or service described in subclause (I), is test- SEC. 203. COMMERCIALIZATION READINESS PRO- ing or producing the product, process, tech- before the period at the end the following: ‘‘, GRAM AT DEPARTMENT OF DE- nology, or service in the United States; including the impact on production and man- FENSE. and’’. ufacturing in the United States’’. (d) PUBLIC DATABASE.—Section 9(k)(1)(F) of (j) COMMERCIALIZATION READINESS PILOT (a) IN GENERAL.—Section 9(y) of the Small the Small Business Act, as added by this PROGRAM FOR CIVILIAN AGENCIES.—Section Business Act (15 U.S.C. 638(y)) is amended— Act, is amended— 9(ff) of the Small Business Act, as added by (1) in the subsection heading, by striking (1) in clause (iv), by striking ‘‘or’’ at the this Act, is amended— ‘‘PILOT’’ and inserting ‘‘READINESS’’; end; (1) by redesignating paragraphs (5), (6), and (2) by striking ‘‘Pilot’’ each place that (2) in clause (v), by striking the period at (7) as paragraphs (6), (7), and (8), respec- term appears and inserting ‘‘Readiness’’; the end and inserting ‘‘; or’’; and tively; and (3) in paragraph (1)— (3) by adding at the end the following: (2) by inserting after paragraph (4) the fol- (A) by inserting ‘‘or Small Business Tech- ‘‘(vi)(I) has a product, process, technology, lowing: nology Transfer Program’’ after ‘‘Small or service that received funding under the ‘‘(5) INCREASING DOMESTIC CAPABILITIES.—In Business Innovation Research Program’’; SBIR or STTR program of the Federal agen- carrying out a pilot program, the head of a and cy and that is produced or delivered for sale covered Federal agency shall give preference (B) by adding at the end the following: to or use by the Federal Government or com- to applicants that intend to test, develop, ‘‘The authority to create and administer a mercial markets; and manufacture or commercialize a product or Commercialization Readiness Program under ‘‘(II) for each product, process, technology, service in the United States.’’. this subsection may not be construed to or service described in subclause (I), is test- SEC. 504. COMPETITIVE SELECTION PROCE- eliminate or replace any other SBIR pro- ing or producing the product, process, tech- DURES FOR SBIR AND STTR PRO- gram or STTR program that enhances the nology, or service in the United States.’’. GRAMS. insertion or transition of SBIR or STTR (e) GOVERNMENT DATABASE.—Section technologies, including any such program in 9(k)(2)(A) of the Small Business Act (15 SA 315. Mr. MERKLEY submitted an effect on the date of enactment of the Na- U.S.C. 638(k)(2)(A)), as amended by this Act, amendment intended to be proposed by tional Defense Authorization Act for Fiscal is amended— him to the bill S. 493, to reauthorize Year 2006 (Public Law 109–163; 119 Stat. (1) in clause (vii), by striking ‘‘and’’ at the and improve the SBIR and STTR pro- 3136).’’; end; (4) in paragraph (2), by inserting ‘‘or Small (2) in clause (viii), by adding ‘‘and’’ at the grams, and for other purposes; which Business Technology Transfer Program’’ end; and was ordered to lie on the table; as fol- after ‘‘Small Business Innovation Research (3) by adding at the end the following: lows: Program’’; ‘‘(ix) whether the small business concern— On page 49, line 16, strike ‘‘and’’ and all (5) by striking paragraphs (5) and (6); and ‘‘(I) has a product, process, technology, or that follows through page 115, line 8, and in- (6) by inserting after paragraph (4) the fol- service that received funding under the SBIR sert the following: lowing: or STTR program of a Federal agency and (B) by striking ‘‘SBIR projects’’ and insert- ‘‘(5) INSERTION INCENTIVES.—For any con- that is produced or delivered for sale to or ing ‘‘SBIR or STTR projects’’; tract with a value of not less than use by the Federal Government or commer- (C) in subparagraph (C), by striking ‘‘and’’ $100,000,000, the Secretary of Defense is au- cial markets; and at the end; thorized to—

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.036 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2629 ‘‘(A) establish goals for the transition of established for Phase II awards under sub- the National Academy of Science entitled Phase III technologies in subcontracting section (j)(2)(D) or (p)(2)(B)(ix). ‘An Assessment of the Small Business Inno- plans; and ‘‘(4) REGISTRATION.—Any applicant that re- vation Research Program at the NIH’. ‘‘(B) require a prime contractor on such a ceives an award under a pilot program shall ‘‘(c) PILOT PROGRAM.— contract to report the number and dollar register with the Administrator in a registry ‘‘(1) IN GENERAL.—The Director of the SBIR amount of contracts entered into by that that is available to the public. program of the NIH may initiate a pilot pro- prime contractor for Phase III SBIR or ‘‘(5) INCREASING DOMESTIC CAPABILITIES.—In gram, under a formal mechanism for design- STTR projects. carrying out a pilot program, the head of a ing, implementing, and evaluating pilot pro- ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY covered Federal agency shall give preference grams, to spur innovation and to test new INSERTION.—The Secretary of Defense shall— to applicants that intend to test, develop, or strategies that may enhance the develop- ‘‘(A) set a goal to increase the number of manufacture a product or service in the ment of cures and therapies. Phase II SBIR contracts and the number of United States. ‘‘(2) CONSIDERATIONS.—The Director of the Phase II STTR contracts awarded by that ‘‘(6) REPORT.—The head of each covered SBIR program of the NIH may consider con- Secretary that lead to technology transition Federal agency shall include in the annual ducting a pilot program to include individ- into programs of record or fielded systems; report of the covered Federal agency to the uals with successful SBIR program experi- ‘‘(B) use incentives in effect on the date of Administrator an analysis of the various ac- ence in study sections, hiring individuals enactment of the SBIR/STTR Reauthoriza- tivities considered for inclusion in the pilot with small business development experience tion Act of 2011, or create new incentives, to program of the covered Federal agency and a for staff positions, separating the commer- encourage agency program managers and statement of the reasons why each activity cial and scientific review processes, and ex- prime contractors to meet the goal under considered was included or not included, as amining the impact of the trend toward larg- subparagraph (A); and the case may be. er awards on the overall program. ‘‘(d) REPORT TO CONGRESS.—The Director of ‘‘(C) include in the annual report to Con- ‘‘(7) TERMINATION.—The authority to estab- the NIH shall submit an annual report to gress the percentage of contracts described lish a pilot program under this section ex- Congress and the advisory board on the ac- in subparagraph (A) awarded by that Sec- pires at the end of fiscal year 2014. tivities of the SBIR program of the NIH retary, and information on the ongoing sta- ‘‘(8) DEFINITIONS.—In this subsection— tus of projects funded through the Commer- under this section. ‘‘(A) the term ‘covered Federal agency’— ‘‘(e) SBIR GRANTS AND CONTRACTS.— cialization Readiness Program and efforts to ‘‘(i) means a Federal agency participating ‘‘(1) IN GENERAL.—In awarding grants and transition these technologies into programs in the SBIR program or the STTR program; contracts under the SBIR program of the of record or fielded systems.’’. and NIH each SBIR program manager shall em- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) does not include the Department of phasize applications that identify products, MENT.—Section 9(i)(1) of the Small Business Defense; and Act (15 U.S.C. 638(i)(1)) is amended by insert- processes, technologies, and services that ‘‘(B) the term ‘pilot program’ means the may enhance the development of cures and ing ‘‘(including awards under subsection program established under paragraph (1).’’. (y))’’ after ‘‘the number of awards’’. therapies. SEC. 205. ACCELERATING CURES. SEC. 204. COMMERCIALIZATION READINESS ‘‘(2) EXAMINATION OF COMMERCIALIZATION PILOT PROGRAM FOR CIVILIAN (a) IN GENERAL.—The Small Business Act AND OTHER METRICS.—The advisory board AGENCIES. (15 U.S.C. 631 et seq.) is amended by inserting shall evaluate the implementation of the re- Section 9 of the Small Business Act (15 after section 42, as redesignated by section quirement under paragraph (1) by examining U.S.C. 638), as amended by this Act, is 201 of this Act, the following: increased commercialization and other amended by adding at the end the following: ‘‘SEC. 43. SMALL BUSINESS INNOVATION RE- metrics, to be determined and collected by ‘‘(ff) PILOT PROGRAM.— SEARCH PROGRAM. the SBIR program of the NIH. ‘‘(1) AUTHORIZATION.—The head of each cov- ‘‘(a) NIH CURES PILOT.— ‘‘(3) PHASE I AND II.—To the greatest extent ered Federal agency may allocate not more ‘‘(1) ESTABLISHMENT.—An independent ad- practicable, the Director of the SBIR pro- than 10 percent of the funds allocated to the visory board shall be established at the Na- gram of the NIH shall reduce the time period SBIR program and the STTR program of the tional Academy of Sciences (in this section between Phase I and Phase II funding of covered Federal agency— referred to as the ‘advisory board’) to con- grants and contracts under the SBIR pro- ‘‘(A) for awards for technology develop- duct periodic evaluations of the SBIR pro- gram of the NIH to 90 days. ment, testing, and evaluation of SBIR and gram (as that term is defined in section 9) of ‘‘(f) LIMIT.—Not more than a total of 1 per- STTR Phase II technologies; or each of the National Institutes of Health (re- cent of the extramural budget (as defined in ‘‘(B) to support the progress of research or ferred to in this section as the ‘NIH’) insti- section 9 of the Small Business Act (15 U.S.C. research and development conducted under tutes and centers for the purpose of improv- 638)) of the NIH for research or research and the SBIR or STTR programs to Phase III. ing the management of the SBIR program development may be used for the pilot pro- ‘‘(2) APPLICATION BY FEDERAL AGENCY.— through data-driven assessment. gram under subsection (c) and to carry out ‘‘(A) IN GENERAL.—A covered Federal agen- ‘‘(2) MEMBERSHIP.— subsection (e).’’. cy may not establish a pilot program unless ‘‘(A) IN GENERAL.—The advisory board shall (b) PROSPECTIVE REPEAL.—Effective 5 years the covered Federal agency makes a written consist of— after the date of enactment of this Act, the application to the Administrator, not later ‘‘(i) the Director of the NIH; Small Business Act (15 U.S.C. 631 et seq.) is than 90 days before to the first day of the fis- ‘‘(ii) the Director of the SBIR program of amended— cal year in which the pilot program is to be the NIH; (1) by striking section 43, as added by sub- established, that describes a compelling rea- ‘‘(iii) senior NIH agency managers, se- section (a); and son that additional investment in SBIR or lected by the Director of NIH; (2) by redesignating sections 44 and 45 as STTR technologies is necessary, including ‘‘(iv) industry experts, selected by the sections 43 and 44, respectively. unusually high regulatory, systems integra- Council of the National Academy of Sciences SEC. 206. FEDERAL AGENCY ENGAGEMENT WITH tion, or other costs relating to development in consultation with the Associate Adminis- SBIR AND STTR AWARDEES THAT HAVE BEEN AWARDED MULTIPLE or manufacturing of identifiable, highly trator for Technology of the Administration PHASE I AWARDS BUT HAVE NOT promising small business technologies or a and the Director of the Office of Science and BEEN AWARDED PHASE II AWARDS. class of such technologies expected to sub- Technology Policy; and Section 9 of the Small Business Act (15 stantially advance the mission of the agen- ‘‘(v) owners or operators of small business U.S.C. 638), as amended by this Act, is cy. concerns that have received an award under amended by adding at the end the following: ‘‘(B) DETERMINATION.—The Administrator the SBIR program of the NIH, selected by ‘‘(gg) REQUIREMENTS RELATING TO FEDERAL shall— the Associate Administrator for Technology AGENCY ENGAGEMENT WITH CERTAIN PHASE I ‘‘(i) make a determination regarding an ap- of the Administration. SBIR AND STTR AWARDEES.— plication submitted under subparagraph (A) ‘‘(B) NUMBER OF MEMBERS.—The total num- ‘‘(1) DEFINITION.—In this subsection, the not later than 30 days before the first day of ber of members selected under clauses (iii), term ‘covered awardee’ means a small busi- the fiscal year for which the application is (iv), and (v) of subparagraph (A) shall not ex- ness concern that— submitted; ceed 10. ‘‘(A) has received multiple Phase I awards ‘‘(ii) publish the determination in the Fed- ‘‘(C) EQUAL REPRESENTATION.—The total over multiple years, as determined by the eral Register; and number of members of the advisory board se- head of a Federal agency, under the SBIR ‘‘(iii) make a copy of the determination lected under clauses (i), (ii), (iii), and (iv) of program or the STTR program of the Federal and any related materials available to the subparagraph (A) shall be equal to the num- agency; and Committee on Small Business and Entrepre- ber of members of the advisory board se- ‘‘(B) has not received a Phase II award— neurship of the Senate and the Committee lected under subparagraph (A)(v). ‘‘(i) under the SBIR program or STTR pro- on Small Business of the House of Represent- ‘‘(b) ADDRESSING DATA GAPS.—In order to gram, as the case may be, of the Federal atives. enhance the evidence-base guiding SBIR pro- agency described in subparagraph (A); or ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The gram decisions and changes, the Director of ‘‘(ii) relating to a Phase I award described head of a covered Federal agency may not the SBIR program of the NIH shall address in subparagraph (A) under the SBIR program make an award under a pilot program in ex- the gaps and deficiencies in the data collec- or the STTR program of another Federal cess of 3 times the dollar amounts generally tion concerns identified in the 2007 report of agency.

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‘‘(2) PERFORMANCE MEASURES.—The head of (bb) by striking ‘‘the second phase’’ and in- (iii) in paragraph (2), by striking ‘‘third each Federal agency that participates in the serting ‘‘Phase II’’; and phase’’ and inserting ‘‘Phase III’’; and SBIR program or the STTR program shall (V) in subparagraph (H)— (I) in subsection (u)(2)(B), by striking ‘‘the develop performance measures for any cov- (aa) by striking ‘‘the first phase’’ and in- first phase’’ and inserting ‘‘Phase I’’; and ered awardee relating to commercializing re- serting ‘‘Phase I’’; (2) in section 34(c)(2)(B)(vii) (15 U.S.C. search or research and development activi- (bb) by striking ‘‘second phase’’ each place 657e(c)(2)(B)(vii)), as redesignated by section ties under the SBIR program or the STTR it appears and inserting ‘‘Phase II’’; and 201 of this Act, by striking ‘‘third phase’’ and program of the Federal agency.’’. (cc) by striking ‘‘third phase’’ and insert- inserting ‘‘Phase III’’. SEC. 207. CLARIFYING THE DEFINITION OF ing ‘‘Phase III’’; and SEC. 208. SHORTENED PERIOD FOR FINAL DECI- ‘‘PHASE III’’. (iii) in paragraph (3)— SIONS ON PROPOSALS AND APPLICA- TIONS. (a) PHASE III AWARDS.—Section 9(e) of the (I) in subparagraph (A)— (a) IN GENERAL.—Section 9 of the Small Small Business Act (15 U.S.C. 638(e)) is (aa) by striking ‘‘the first phase (as de- Business Act (15 U.S.C. 638) is amended— amended— scribed in subsection (e)(4)(A))’’ and insert- ing ‘‘Phase I’’; (1) in subsection (g)(4)— (1) in paragraph (4)(C), in the matter pre- (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; ceding clause (i), by inserting ‘‘for work that (bb) by striking ‘‘the second phase (as de- scribed in subsection (e)(4)(B))’’ and insert- (B) by adding ‘‘and’’ after the semicolon at derives from, extends, or completes efforts the end; and made under prior funding agreements under ing ‘‘Phase II’’; and (cc) by striking ‘‘the third phase (as de- (C) by adding at the end the following: the SBIR program’’ after ‘‘phase’’; ‘‘(B) make a final decision on each pro- (2) in paragraph (6)(C), in the matter pre- scribed in subsection (e)(4)(C))’’ and inserting ‘‘Phase III’’; and posal submitted under the SBIR program— ceding clause (i), by inserting ‘‘for work that (II) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on derives from, extends, or completes efforts ond phase’’ and inserting ‘‘Phase II’’; which the solicitation closes; or made under prior funding agreements under (C) in subsection (k)— ‘‘(ii) if the Administrator authorizes an ex- the STTR program’’ after ‘‘phase’’; (i) by striking ‘‘first phase’’ each place it tension for a solicitation, not later than 180 (3) in paragraph (8), by striking ‘‘and’’ at appears and inserting ‘‘Phase I’’; and days after the date on which the solicitation the end; (ii) by striking ‘‘second phase’’ each place closes;’’; and (4) in paragraph (9), by striking the period it appears and inserting ‘‘Phase II’’; (2) in subsection (o)(4)— at the end and inserting a semicolon; and (D) in subsection (l)(2)— (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; (5) by adding at the end the following: (i) by striking ‘‘the first phase’’ and insert- (B) by adding ‘‘and’’ after the semicolon at ‘‘(10) the term ‘commercialization’ ing ‘‘Phase I’’; and the end; and means— (ii) by striking ‘‘the second phase’’ and in- (C) by adding at the end the following: ‘‘(A) the process of developing products, serting ‘‘Phase II’’; ‘‘(B) make a final decision on each pro- processes, technologies, or services; and (E) in subsection (o)(13)— posal submitted under the STTR program— ‘‘(B) the production and delivery of prod- (i) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on ucts, processes, technologies, or services for ond phase’’ and inserting ‘‘Phase II’’; and which the solicitation closes; or sale (whether by the originating party or by (ii) in subparagraph (C), by striking ‘‘third ‘‘(ii) if the Administrator authorizes an ex- others) to or use by the Federal Government phase’’ and inserting ‘‘Phase III’’; tension for a solicitation, not later than 180 or commercial markets;’’. (F) in subsection (p)— days after the date on which the solicitation (b) TECHNICAL AND CONFORMING AMEND- (i) in paragraph (2)(B)— closes;’’. MENTS.—The Small Business Act (15 U.S.C. (I) in clause (vi)— (b) NIH PEER REVIEW PROCESS.— 631 et seq.) is amended— (aa) by striking ‘‘the second phase’’ and in- (1) IN GENERAL.—Section 9 of the Small (1) in section 9 (15 U.S.C. 638)— serting ‘‘Phase II’’; and Business Act (15 U.S.C. 638), as amended by (A) in subsection (e)— (bb) by striking ‘‘the third phase’’ and in- this Act, is amended by adding at the end (i) in paragraph (4)(C)(ii), by striking ‘‘sci- serting ‘‘Phase III’’; and the following: entific review criteria’’ and inserting (II) in clause (ix)— ‘‘(hh) NIH PEER REVIEW PROCESS.—The Di- ‘‘merit-based selection procedures’’; (aa) by striking ‘‘the first phase’’ and in- rector of the National Institutes of Health (ii) in paragraph (9), by striking ‘‘the sec- serting ‘‘Phase I’’; and may make an award under the SBIR program ond or the third phase’’ and inserting ‘‘Phase (bb) by striking ‘‘the second phase’’ and in- or the STTR program of the National Insti- II or Phase III’’; and serting ‘‘Phase II’’; and tutes of Health if the application for the (iii) by adding at the end the following: (ii) in paragraph (3)— award has undergone technical and scientific ‘‘(11) the term ‘Phase I’ means— (I) by striking ‘‘the first phase (as de- peer review under section 492 of the Public ‘‘(A) with respect to the SBIR program, the scribed in subsection (e)(6)(A))’’ and insert- Health Service Act (42 U.S.C. 289a).’’. first phase described in paragraph (4)(A); and ing ‘‘Phase I’’; (2) TECHNICAL AND CONFORMING AMEND- ‘‘(B) with respect to the STTR program, (II) by striking ‘‘the second phase (as de- MENTS.—Section 105 of the National Insti- the first phase described in paragraph (6)(A); scribed in subsection (e)(6)(B))’’ and insert- tutes of Health Reform Act of 2006 (42 U.S.C. ‘‘(12) the term ‘Phase II’ means— ing ‘‘Phase II’’; and 284n) is amended— ‘‘(A) with respect to the SBIR program, the (III) by striking ‘‘the third phase (as de- (A) in subsection (a)(3)— second phase described in paragraph (4)(B); scribed in subsection (e)(6)(A))’’ and insert- (i) by striking ‘‘A grant’’ and inserting and ing ‘‘Phase III’’; ‘‘Except as provided in section 9(hh) of the ‘‘(B) with respect to the STTR program, (G) in subsection (q)(3)— Small Business Act (15 U.S.C. 638(hh)), a the second phase described in paragraph (i) in subparagraph (A)— grant’’; and (6)(B); and (I) in the subparagraph heading, by strik- (ii) by striking ‘‘section 402(k)’’ and all ‘‘(13) the term ‘Phase III’ means— ing ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; that follows through ‘‘Act)’’ and inserting ‘‘(A) with respect to the SBIR program, the and ‘‘section 402(l) of such Act’’; and third phase described in paragraph (4)(C); and (II) by striking ‘‘first phase’’ and inserting (B) in subsection (b)(5)— ‘‘(B) with respect to the STTR program, ‘‘Phase I’’; and (i) by striking ‘‘A grant’’ and inserting the third phase described in paragraph (ii) in subparagraph (B)— ‘‘Except as provided in section 9(hh) of the (6)(C).’’; (I) in the subparagraph heading, by strik- Small Business Act (15 U.S.C. 638(hh)), a (B) in subsection (j)— ing ‘‘SECOND PHASE’’ and inserting ‘‘PHASE grant’’; and (i) in paragraph (1)(B), by striking ‘‘phase II’’; and (ii) by striking ‘‘section 402(k)’’ and all two’’ and inserting ‘‘Phase II’’; (II) by striking ‘‘second phase’’ and insert- that follows through ‘‘Act)’’ and inserting (ii) in paragraph (2)— ing ‘‘Phase II’’; ‘‘section 402(l) of such Act’’. (I) in subparagraph (B)— (H) in subsection (r)— TITLE III—OVERSIGHT AND EVALUATION (aa) by striking ‘‘the third phase’’ each (i) in the subsection heading, by striking SEC. 301. STREAMLINING ANNUAL EVALUATION place it appears and inserting ‘‘Phase III’’; ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; REQUIREMENTS. and (ii) in paragraph (1)— Section 9(b) of the Small Business Act (15 (bb) by striking ‘‘the second phase’’ and in- (I) in the first sentence— U.S.C. 638(b)), as amended by section 102 of serting ‘‘Phase II’’; (aa) by striking ‘‘for the second phase’’ and this Act, is amended— (II) in subparagraph (D)— inserting ‘‘for Phase II’’; (1) in paragraph (7)— (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- (A) by striking ‘‘STTR programs, including serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and the data’’ and inserting the following: (bb) by striking ‘‘the second phase’’ and in- (cc) by striking ‘‘second phase period’’ and ‘‘STTR programs, including— serting ‘‘Phase II’’; inserting ‘‘Phase II period’’; and ‘‘(A) the data’’; (III) in subparagraph (F), by striking ‘‘the (II) in the second sentence— (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), third phase’’ and inserting ‘‘Phase III’’; (aa) by striking ‘‘second phase’’ and insert- the number’’ and all that follows through (IV) in subparagraph (G)— ing ‘‘Phase II’’; and ‘‘under each of the SBIR and STTR pro- (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- grams, and a description’’ and inserting the serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and following: ‘‘(g)(8) and (o)(9); and

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.026 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2631 ‘‘(B) the number of proposals received under the SBIR program of the Federal agen- (1) in subparagraph (D), by striking ‘‘and’’ from, and the number and total amount of cy and that is produced or delivered for sale at the end; awards to, HUBZone small business concerns to or use by the Federal Government or com- (2) in subparagraph (E), by striking the pe- and firms with venture capital investment mercial markets; and riod at the end and inserting ‘‘; and’’; and (including those majority-owned by multiple ‘‘(II) for each product, process, technology, (3) by adding at the end the following: venture capital operating companies) under or service described in subclause (I), is test- ‘‘(F) for each small business concern that each of the SBIR and STTR programs; ing or producing the product, process, tech- has received a Phase I or Phase II SBIR or ‘‘(C) a description of the extent to which nology, or service in the United States; and STTR award from a Federal agency, whether each Federal agency is increasing outreach ‘‘(B) a justification statement from the the small business concern— and awards to firms owned and controlled by agency, if an awardee receives an award in ‘‘(i) has venture capital and, if so, whether women and social or economically disadvan- an amount that is more than the award the small business concern is registered as taged individuals under each of the SBIR and guidelines under this section;’’. majority-owned by multiple venture capital STTR programs; SEC. 303. DATA COLLECTION FROM AGENCIES operating companies as required under sub- ‘‘(D) general information about the imple- FOR STTR. section (cc)(4); mentation of, and compliance with the allo- Section 9(o) of the Small Business Act (15 ‘‘(ii) is owned by a woman or has a woman cation of funds required under, subsection U.S.C. 638(o)) is amended by striking para- as a principal investigator; (cc) for firms owned in majority part by ven- graph (9) and inserting the following: ‘‘(iii) is owned by a socially or economi- ture capital operating companies and par- ‘‘(9) collect annually, and maintain in a cally disadvantaged individual or has a so- ticipating in the SBIR program; common format in accordance with the sim- cially or economically disadvantaged indi- ‘‘(E) a detailed description of appeals of plified reporting requirements under sub- vidual as a principal investigator; Phase III awards and notices of noncompli- section (v), such information from applicants ‘‘(iv) received assistance under the FAST ance with the SBIR Policy Directive and the and awardees as is necessary to assess the program under section 34, as in effect on the STTR Policy Directive filed by the Adminis- STTR program outputs and outcomes, in- day before the date of enactment of the trator with Federal agencies; and cluding information necessary to maintain SBIR/STTR Reauthorization Act of 2011, or ‘‘(F) a description’’; and the database described in subsection (k), in- the outreach program under subsection (s); (2) by inserting after paragraph (7) the fol- cluding— ‘‘(v) is owned by a faculty member or a stu- lowing: ‘‘(A) whether an applicant or awardee— dent of an institution of higher education, as ‘‘(8) to coordinate the implementation of ‘‘(i) has venture capital or is majority- that term is defined in section 101 of the electronic databases at each of the Federal owned by multiple venture capital operating Higher Education Act of 1965 (20 U.S.C. 1001); agencies participating in the SBIR program companies, and, if so— or or the STTR program, including the tech- ‘‘(I) the amount of venture capital that the ‘‘(vi)(I) has a product, process, technology, nical ability of the participating agencies to applicant or awardee has received as of the or service that received funding under the electronically share data;’’. date of the application or award, as applica- SBIR or STTR program of the Federal agen- SEC. 302. DATA COLLECTION FROM AGENCIES ble; and cy and that is produced or delivered for sale FOR SBIR. ‘‘(II) the amount of additional capital that to or use by the Federal Government or com- Section 9(g) of the Small Business Act (15 mercial markets; and U.S.C. 638(g)) is amended— the applicant or awardee has invested in the ‘‘(II) for each product, process, technology, (1) by striking paragraph (10); SBIR technology; or service described in subclause (I), is test- (2) by redesignating paragraphs (8) and (9) ‘‘(ii) has an investor that— ing or producing the product, process, tech- as paragraphs (9) and (10), respectively; and ‘‘(I) is an individual who is not a citizen of (3) by inserting after paragraph (7) the fol- the United States or a lawful permanent nology, or service in the United States.’’. lowing: resident of the United States, and if so, the SEC. 305. GOVERNMENT DATABASE. ‘‘(8) collect annually, and maintain in a name of any such individual; or Section 9(k) of the Small Business Act (15 common format in accordance with the sim- ‘‘(II) is a person that is not an individual U.S.C. 638(k)) is amended— plified reporting requirements under sub- and is not organized under the laws of a (1) in paragraph (2)— section (v), such information from awardees State or the United States, and if so the (A) in the matter preceding subparagraph as is necessary to assess the SBIR program, name of any such person; (A), by striking ‘‘Not later’’ and all that fol- including information necessary to maintain ‘‘(iii) is owned by a woman or has a woman lows through ‘‘Act of 2000’’ and inserting the database described in subsection (k), in- as a principal investigator; ‘‘Not later than 90 days after the date of en- cluding— ‘‘(iv) is owned by a socially or economi- actment of the SBIR/STTR Reauthorization ‘‘(A) whether an awardee— cally disadvantaged individual or has a so- Act of 2011’’; ‘‘(i) has venture capital or is majority- cially or economically disadvantaged indi- (B) by striking subparagraph (C); owned by multiple venture capital operating vidual as a principal investigator; (C) by redesignating subparagraphs (A) and companies, and, if so— ‘‘(v) received assistance under the FAST (B) as subparagraphs (B) and (C), respec- ‘‘(I) the amount of venture capital that the program under section 34 or the outreach tively; awardee has received as of the date of the program under subsection (s); (D) by inserting before subparagraph (B), award; and ‘‘(vi) is a faculty member or a student of as so redesignated, the following: ‘‘(II) the amount of additional capital that an institution of higher education, as that ‘‘(A) contains, for each small business con- the awardee has invested in the SBIR tech- term is defined in section 101 of the Higher cern that applies for, submits a proposal for, nology; Education Act of 1965 (20 U.S.C. 1001); or receives an award under Phase I or Phase ‘‘(ii) has an investor that— ‘‘(vii) is located in a State in which the II of the SBIR program or the STTR pro- ‘‘(I) is an individual who is not a citizen of total value of contracts awarded to small gram— the United States or a lawful permanent business concerns under all STTR programs ‘‘(i) the name, size, and location, and an resident of the United States, and if so, the is less than the total value of contracts identifying number assigned by the Adminis- name of any such individual; or awarded to small business concerns in a ma- tration of the small business concern; ‘‘(II) is a person that is not an individual jority of other States, as determined by the ‘‘(ii) an abstract of the project; and is not organized under the laws of a Administrator in biennial fiscal years, begin- ‘‘(iii) the specific aims of the project; State or the United States, and if so the ning with fiscal year 2008, based on the most ‘‘(iv) the number of employees of the small name of any such person; recent statistics compiled by the Adminis- business concern; ‘‘(iii) is owned by a woman or has a woman trator; or ‘‘(v) the names of key individuals that will as a principal investigator; ‘‘(viii)(I) has a product, process, tech- carry out the project; ‘‘(iv) is owned by a socially or economi- nology, or service that received funding ‘‘(vi) the percentage of effort each indi- cally disadvantaged individual or has a so- under the STTR program of the Federal vidual described in clause (iv) will contribute cially or economically disadvantaged indi- agency and that is produced or delivered for to the project; vidual as a principal investigator; sale to or use by the Federal Government or ‘‘(vii) whether the small business concern ‘‘(v) received assistance under the FAST commercial markets; and is majority-owned by multiple venture cap- program under section 34, as in effect on the ‘‘(II) for each product, process, technology, ital operating companies; day before the date of enactment of the or service described in subclause (I), is test- ‘‘(viii) the Federal agency to which the ap- SBIR/STTR Reauthorization Act of 2011, or ing or producing the product, process, tech- plication is made, and contact information the outreach program under subsection (s); nology, or service in the United States; and for the person or office within the Federal ‘‘(vi) is a faculty member or a student of ‘‘(B) if an awardee receives an award in an agency that is responsible for reviewing ap- an institution of higher education, as that amount that is more than the award guide- plications and making awards under the term is defined in section 101 of the Higher lines under this section, a statement from SBIR program or the STTR program; and Education Act of 1965 (20 U.S.C. 1001); the agency that justifies the award ‘‘(ix) whether the small business concern— ‘‘(vii) is located in a State described in amount;’’. ‘‘(I) has a product, process, technology, or subsection (u)(3); or SEC. 304. PUBLIC DATABASE. service that received funding under the SBIR ‘‘(viii)(I) has a product, process, tech- Section 9(k)(1) of the Small Business Act or STTR program of a Federal agency and nology, or service that received funding (15 U.S.C. 638(k)(1)) is amended— that is produced or delivered for sale to or

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.026 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2632 CONGRESSIONAL RECORD — SENATE May 3, 2011 use by the Federal Government or commer- (C) assess whether it would be more con- awards under the SBIR program or STTR cial markets; and sistent and effective to base the amount of program of the agency; and ‘‘(II) for each product, process, technology, the allocations under the SBIR program and ‘‘(E) make recommendations, if any, for or service described in subclause (I), is test- the STTR program on a percentage of the re- changes to the SBIR program or STTR pro- ing or producing the product, process, tech- search and development budget of a Federal gram of the agency that would increase pro- nology, or service in the United States;’’; agency, rather than the extramural budget duction and manufacturing in the United (E) by redesignating subparagraphs (D), of the Federal agency; and States. and (E) as subparagraphs (E) and (F), respec- (D) determine the portion of the extra- ‘‘(2) CONSULTATION.—An agreement under tively; mural research or research and development paragraph (1) shall require the National Re- (F) by inserting after subparagraph (C), as budget of a Federal agency that each Federal search Council to ensure there is participa- so redesignated, the following: agency spends for administrative purposes tion by and consultation with the small busi- ‘‘(D) includes, for each awardee— relating to the SBIR program or STTR pro- ness community, the Administration, and ‘‘(i) the name, size, location, and any iden- gram, and for what specific purposes, includ- other interested parties as described in sub- tifying number assigned to the awardee by ing the portion, if any, of such budget the section (b). the Administrator; Federal agency spends for salaries and ex- ‘‘(3) REPORTING.—An agreement under ‘‘(ii) whether the awardee has venture cap- penses, travel to visit applicants, outreach paragraph (1) shall require that not later ital, and, if so— events, marketing, and technical assistance; than 4 years after the date of enactment of ‘‘(I) the amount of venture capital as of the and the SBIR/STTR Reauthorization Act of 2011, date of the award; (2) submit a report to the Committee on and every 4 years thereafter, the National ‘‘(II) the percentage of ownership of the Small Business and Entrepreneurship of the Research Council shall submit to the head of awardee held by a venture capital operating Senate and the Committee on Small Busi- the agency entering into the agreement, the company, including whether the awardee is ness of the House of Representatives regard- Committee on Small Business and Entrepre- majority-owned by multiple venture capital ing the audit conducted under paragraph (1), neurship of the Senate, and the Committee operating companies; and including the assessments required under on Small Business of the House of Represent- ‘‘(III) the amount of additional capital that subparagraphs (B) and (C), and the deter- atives a report regarding the study con- the awardee has invested in the SBIR tech- mination made under subparagraph (D) of ducted under paragraph (1) and containing nology, which information shall be collected paragraph (1). the recommendations described in paragraph on an annual basis; (b) DEFINITION OF APPLICABLE PERIOD.—In (1).’’. ‘‘(iii) the names and locations of any affili- this section, the term ‘‘applicable period’’ SEC. 308. TECHNOLOGY INSERTION REPORTING ates of the awardee; means— REQUIREMENTS. ‘‘(iv) the number of employees of the (1) for the first report submitted under this Section 9 of the Small Business Act (15 awardee; section, the period beginning on October 1, U.S.C. 638), as amended by this Act, is ‘‘(v) the number of employees of the affili- 2005, and ending on September 30 of the last amended by adding at the end the following: ates of the awardee; and full fiscal year before the date of enactment ‘‘(ii) PHASE III REPORTING.—The annual ‘‘(vi) the names of, and the percentage of of this Act for which information is avail- SBIR or STTR report to Congress by the Ad- ownership of the awardee held by— able; and ministration under subsection (b)(7) shall in- ‘‘(I) any individual who is not a citizen of (2) for the second and each subsequent re- clude, for each Phase III award made by the the United States or a lawful permanent port submitted under this section, the pe- Federal agency— resident of the United States; or riod— ‘‘(1) the name of the agency or component ‘‘(II) any person that is not an individual (A) beginning on October 1 of the first fis- of the agency or the non-Federal source of and is not organized under the laws of a cal year after the end of the most recent full capital making the Phase III award; State or the United States;’’; fiscal year relating to which a report under ‘‘(2) the name of the small business con- (G) in subparagraph (E), as so redesignated, this section was submitted; and cern or individual receiving the Phase III by striking ‘‘and’’ at the end; award; (H) in subparagraph (F), as so redesignated, (B) ending on September 30 of the last full fiscal year before the date of the report. ‘‘(3) the dollar amount of the Phase III by striking the period at the end and insert- award; and SEC. 307. CONTINUED EVALUATION BY THE NA- ing ‘‘; and’’; and ‘‘(4) whether the small business concern or (I) by adding at the end the following: TIONAL ACADEMY OF SCIENCES. Section 108 of the Small Business Reau- individual receiving the Phase III award is ‘‘(G) includes a timely and accurate list of developing, testing, producing, or manufac- any individual or small business concern thorization Act of 2000 (15 U.S.C. 638 note) is amended by adding at the end the following: turing the product or service that is the sub- that has participated in the SBIR program ject of the Phase III award in the United ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- or STTR program that has committed fraud, States.’’. waste, or abuse relating to the SBIR pro- THORITY.— SEC. 309. INTELLECTUAL PROPERTY PROTEC- ‘‘(1) IN GENERAL.—Not later than 6 months gram or STTR program.’’; and TIONS. after the date of enactment of the SBIR/ (2) in paragraph (3), by adding at the end (a) IN GENERAL.—The Comptroller General STTR Reauthorization Act of 2011, the head the following: of the United States shall conduct a study of of each agency described in subsection (a), in ‘‘(C) GOVERNMENT DATABASE.—Not later the SBIR program to assess whether— consultation with the Small Business Ad- than 60 days after the date established by a (1) Federal agencies comply with the data ministration, shall cooperatively enter into Federal agency for submitting applications rights protections for SBIR awardees and the an agreement with the National Academy of or proposals for a Phase I or Phase II award technologies of SBIR awardees under section Sciences for the National Research Council under the SBIR program or STTR program, 9 of the Small Business Act (15 U.S.C. 638); to, not later than 4 years after the date of the head of the Federal agency shall submit (2) the laws and policy directives intended enactment of the SBIR/STTR Reauthoriza- to the Administrator the data required under to clarify the scope of data rights, including tion Act of 2011, and every 4 years there- paragraph (2) with respect to each small in prototypes and mentor-prote´ge´ relation- after— business concern that applies or submits a ships and agreements with Federal labora- ‘‘(A) continue the most recent study under proposal for the Phase I or Phase II award.’’. tories, are sufficient to protect SBIR award- this section relating to— SEC. 306. ACCURACY IN FUNDING BASE CALCULA- ees; and ‘‘(i) the issues described in subparagraphs TIONS. (3) there is an effective grievance tracking (A), (B), (C), and (E) of subsection (a)(1); and (a) IN GENERAL.—Not later than 1 year process for SBIR awardees who have griev- ‘‘(ii) the effectiveness of the government after the date of enactment of this Act, and ances against a Federal agency regarding every year thereafter until the date that is 5 and public databases described in section data rights and a process for resolving those years after the date of enactment of this 9(k) of the Small Business Act (15 U.S.C. grievances. Act, the Comptroller General of the United 638(k)) in reducing vulnerabilities of the (b) REPORT.—Not later than 18 months States shall— SBIR program and the STTR program to after the date of enactment of this Act, the (1) conduct a fiscal and management audit fraud, waste, and abuse, particularly with re- Comptroller General shall submit to the of the SBIR program and the STTR program spect to Federal agencies funding duplicative Committee on Small Business and Entrepre- for the applicable period to— proposals and business concerns falsifying neurship of the Senate and the Committee (A) determine whether Federal agencies information in proposals; on Small Business of the House of Represent- comply with the expenditure amount re- ‘‘(B) make recommendations with respect atives a report regarding the study con- quirements under subsections (f)(1) and (n)(1) to the issues described in subparagraph ducted under subsection (a). of section 9 of the Small Business Act (15 (A)(ii) and subparagraphs (A), (D), and (E) of SEC. 310. OBTAINING CONSENT FROM SBIR AND U.S.C. 638), as amended by this Act; subsection (a)(2); STTR APPLICANTS TO RELEASE (B) assess the extent of compliance with ‘‘(C) estimate, to the extent practicable, CONTACT INFORMATION TO ECO- the requirements of section 9(i)(2) of the the number of jobs created by the SBIR pro- NOMIC DEVELOPMENT ORGANIZA- Small Business Act (15 U.S.C. 638(i)(2)) by gram or STTR program of the agency; and TIONS. Federal agencies participating in the SBIR ‘‘(D) estimate, to the extent practicable, Section 9 of the Small Business Act (15 program or the STTR program and the Ad- the amount of production and manufacturing U.S.C. 638), as amended by this Act, is ministration; in the United States that resulted from amended by adding at the end the following:

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‘‘(jj) CONSENT TO RELEASE CONTACT INFOR- Administrator shall issue rules to carry out this Act, the Administrator shall amend the MATION TO ORGANIZATIONS.— this subsection.’’. SBIR Policy Directive and the STTR Policy ‘‘(1) ENABLING CONCERN TO GIVE CONSENT.— (b) TECHNICAL AND CONFORMING AMEND- Directive to include measures to prevent Each Federal agency required by this section MENTS.— fraud, waste, and abuse in the SBIR program to conduct an SBIR program or an STTR (1) IN GENERAL.—Section 9 of the Small and the STTR program. program shall enable a small business con- Business Act (15 U.S.C. 638) is amended— (B) CONTENT OF AMENDMENTS.—The amend- cern that is an SBIR applicant or an STTR (A) in subsection (f)(2)(A), as so designated ments required under subparagraph (A) shall applicant to indicate to the Federal agency by section 103(2) of this Act, by striking include— whether the Federal agency has the consent ‘‘shall not’’ and all that follows through (i) definitions or descriptions of fraud, of the concern to— ‘‘make available for the purpose’’ and insert- waste, and abuse; ‘‘(A) identify the concern to appropriate ing ‘‘shall not make available for the pur- (ii) a requirement that the Inspectors Gen- local and State-level economic development pose’’; and eral of each Federal agency that participates organizations as an SBIR applicant or an (B) in subsection (y), as amended by sec- in the SBIR program or the STTR program STTR applicant; and tion 203— cooperate to— ‘‘(B) release the contact information of the (i) by striking paragraph (4); (I) establish fraud detection indicators; concern to such organizations. (ii) by redesignating paragraphs (5) and (6) (II) review regulations and operating pro- ‘‘(2) RULES.—The Administrator shall es- as paragraphs (4) and (5), respectively. cedures of the Federal agencies; tablish rules to implement this subsection. (2) TRANSITIONAL RULE.—Notwithstanding (III) coordinate information sharing be- The rules shall include a requirement that a the amendments made by paragraph (1), sub- tween the Federal agencies; and Federal agency include in the SBIR and section (f)(2)(A) and (y)(4) of section 9 of the (IV) improve the education and training of, STTR application a provision through which Small Business Act (15 U.S.C. 638), as in ef- and outreach to— the applicant can indicate consent for pur- fect on the day before the date of enactment (aa) administrators of the SBIR program poses of paragraph (1).’’. of this Act, shall continue to apply to each and the STTR program of each Federal agen- SEC. 311. PILOT TO ALLOW FUNDING FOR ADMIN- Federal agency until the effective date of the cy; ISTRATIVE, OVERSIGHT, AND CON- performance criteria established by the Ad- (bb) applicants to the SBIR program or the TRACT PROCESSING COSTS. ministrator under subsection (kk)(2) of sec- STTR program; and (a) IN GENERAL.—Section 9 of the Small tion 9 of the Small Business Act, as added by (cc) recipients of awards under the SBIR Business Act (15 U.S.C. 638), as amended by subsection (a). this Act, is amended by adding at the end program or the STTR program; (3) PROSPECTIVE REPEAL.—Effective on the (iii) guidelines for the monitoring and the following: first day of the fourth full fiscal year fol- SSISTANCE FOR ADMINISTRATIVE, oversight of applicants to and recipients of ‘‘(kk) A lowing the date of enactment of this Act, OVERSIGHT, AND CONTRACT PROCESSING awards under the SBIR program or the STTR section 9 of the Small Business Act (15 U.S.C. COSTS.— program; and 638), as amended by paragraph (1) of this sec- ‘‘(1) IN GENERAL.—Subject to paragraph (2), (iv) a requirement that each Federal agen- tion, is amended— for the 3 full fiscal years beginning after the cy that participates in the SBIR program or (A) in subsection (f)(2)(A), by striking date of enactment of this subsection, the Ad- STTR program include the telephone number ‘‘shall not make available for the purpose’’ ministrator shall allow each Federal agency of the hotline established under paragraph and inserting the following: ‘‘shall not— required to conduct an SBIR program to use (2)— ‘‘(i) use any of its SBIR budget established not more than 3 percent of the funds allo- (I) on the Web site of the Federal agency; pursuant to paragraph (1) for the purpose of cated to the SBIR program of the Federal and funding administrative costs of the program, agency for— (II) in any solicitation or notice of funding including costs associated with salaries and ‘‘(A) the administration of the SBIR pro- opportunity issued by the Federal agency for expenses; or gram or the STTR program of the Federal the SBIR program or the STTR program. ‘‘(ii) make available for the purpose’’; and agency; (2) FRAUD, WASTE, AND ABUSE PREVENTION (B) in subsection (y)— ‘‘(B) the provision of outreach and tech- HOTLINE.— (i) by redesignating paragraphs (4) and (5) nical assistance relating to the SBIR pro- (A) HOTLINE ESTABLISHED.—The Adminis- as paragraphs (5) and (6), respectively; and gram or STTR program of the Federal agen- trator shall establish a telephone hotline (ii) by inserting after paragraph (3) the fol- cy, including technical assistance site visits that allows individuals to report fraud, lowing: and personnel interviews; waste, and abuse in the SBIR program or ‘‘(4) FUNDING.— ‘‘(C) the implementation of commercializa- STTR program. ‘‘(A) IN GENERAL.—The Secretary of De- tion and outreach initiatives that were not (B) PUBLICATION.—The Administrator shall fense and each Secretary of a military de- in effect on the date of enactment of this include the telephone number for the hotline partment may use not more than an amount subsection; established under subparagraph (A) on the equal to 1 percent of the funds available to ‘‘(D) carrying out the program under sub- Web site of the Administration. the Department of Defense or the military section (y); (b) STUDY AND REPORT.— department pursuant to the Small Business ‘‘(E) activities relating to oversight and (1) STUDY.—Not later than 1 year after the Innovation Research Program for payment congressional reporting, including the waste, date of enactment of this Act, and every 3 of expenses incurred to administer the Com- fraud, and abuse prevention activities de- years thereafter, the Comptroller General of mercialization Pilot Program under this sub- scribed in section 313(a)(1)(B)(ii) of the SBIR/ the United States shall— section. STTR Reauthorization Act of 2011; (A) conduct a study that evaluates— ‘‘(B) LIMITATIONS.—The funds described in ‘‘(F) targeted reviews of recipients of (i) the implementation by each Federal subparagraph (A)— awards under the SBIR program or STTR agency that participates in the SBIR pro- ‘‘(i) shall not be subject to the limitations program of the Federal agency that the head gram or the STTR program of the amend- on the use of funds in subsection (f)(2); and of the Federal agency determines are at high ments to the SBIR Policy Directive and the ‘‘(ii) shall not be used to make Phase III risk for fraud, waste, or abuse, to ensure STTR Policy Directive made pursuant to awards.’’. compliance with requirements of the SBIR subsection (a); program or STTR program, respectively; SEC. 312. GAO STUDY WITH RESPECT TO VEN- (ii) the effectiveness of the management TURE CAPITAL OPERATING COM- ‘‘(G) the implementation of oversight and PANY INVOLVEMENT. information system of each Federal agency quality control measures, including Not later than 3 years after the date of en- that participates in the SBIR program or verification of reports and invoices and cost actment of this Act, and every 3 years there- STTR program in identifying duplicative reviews; after, the Comptroller General of the United SBIR and STTR projects; ‘‘(H) carrying out subsection (cc); States shall— (iii) the effectiveness of the risk manage- ‘‘(I) carrying out subsection (ff); (1) conduct a study of the impact of re- ment strategies of each Federal agency that ‘‘(J) contract processing costs relating to quirements relating to venture capital oper- participates in the SBIR program or STTR the SBIR program or STTR program of the ating company involvement under section program in identifying areas of the SBIR Federal agency; and 9(cc) of the Small Business Act, as added by program or the STTR program that are at ‘‘(K) funding for additional personnel and section 108 of this Act; and high risk for fraud; assistance with application reviews. (2) submit to Congress a report regarding (iv) technological tools that may be used ‘‘(2) PERFORMANCE CRITERIA.—A Federal the study conducted under paragraph (1). to detect patterns of behavior that may indi- agency may not use funds as authorized SEC. 313. REDUCING VULNERABILITY OF SBIR cate fraud by applicants to the SBIR pro- under paragraph (1) until after the effective AND STTR PROGRAMS TO FRAUD, gram or the STTR program; date of performance criteria, which the Ad- WASTE, AND ABUSE. (v) the success of each Federal agency that ministrator shall establish, to measure any (a) FRAUD, WASTE, AND ABUSE PREVEN- participates in the SBIR program or STTR benefits of using funds as authorized under TION.— program in reducing fraud, waste, and abuse paragraph (1) and to assess continuation of (1) GUIDELINES FOR FRAUD, WASTE, AND in the SBIR program or the STTR program the authority under paragraph (1). ABUSE PREVENTION.— of the Federal agency; and ‘‘(3) RULES.—Not later than 180 days after (A) AMENDMENTS REQUIRED.—Not later (vi) the extent to which the Inspector Gen- the date of enactment of this subsection, the than 90 days after the date of enactment of eral of each Federal agency that participates

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.027 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2634 CONGRESSIONAL RECORD — SENATE May 3, 2011 in the SBIR program or STTR program effec- (2) by striking ‘‘The Administrator’’ and (B) in subparagraph (A), by striking ‘‘or’’ tively conducts investigations of individuals inserting the following: at the end; and alleged to have submitted false claims or ‘‘(1) STANDARDIZATION OF REPORTING RE- (C) by adding at the end the following: violated Federal law relating to fraud, con- QUIREMENTS.—The Administrator’’; and ‘‘(C) the National Academy of Sciences, in flicts of interest, bribery, gratuity, or other (3) by adding at the end the following: the final report issued by the ‘America’s En- misconduct; and ‘‘(2) SIMPLIFICATION OF APPLICATION AND ergy Future: Technology Opportunities, (B) submit to the Committee on Small AWARD PROCESS.—Not later than one year Risks, and Tradeoffs’ project, and in any sub- Business and Entrepreneurship of the Sen- after the date of enactment of this para- sequent report by the National Academy of ate, the Committee on Small Business of the graph, and after a period of public comment, Sciences on sustainability, energy, or alter- House of Representatives, and the head of the Administrator shall issue regulations or native fuels; each Federal agency that participates in the guidelines, taking into consideration the ‘‘(D) the National Institutes of Health, in SBIR program or STTR program a report on unique needs of each Federal agency, to en- the annual report on the rare diseases re- the results of the study conducted under sub- sure that each Federal agency required to search activities of the National Institutes paragraph (A). carry out an SBIR program or STTR pro- of Health for fiscal year 2005, and in any sub- SEC. 314. INTERAGENCY POLICY COMMITTEE. gram simplifies and standardizes the pro- sequent report by the National Institutes of Health on rare diseases research activities; (a) ESTABLISHMENT.—The Director of the gram proposal, selection, contracting, com- Office of Science and Technology Policy (in pliance, and audit procedures for the SBIR ‘‘(E) the National Academy of Sciences, in this section referred to as the ‘‘Director’’), in program or STTR program of the Federal the final report issued by the ‘Transit Re- conjunction with the Administrator, shall agency (including procedures relating to search and Development: Federal Role in the establish an Interagency SBIR/STTR Policy overhead rates for applicants and docu- National Program’ project and the report en- titled ‘Transportation Research, Develop- Committee (in this section referred to as the mentation requirements) to reduce the pa- ment and Technology Strategic Plan (2006– ‘‘Committee’’) comprised of 1 representative perwork and regulatory compliance burden 2010)’ issued by the Research and Innovative from each Federal agency with an SBIR pro- on small business concerns applying to and Technology Administration of the Depart- gram or an STTR program and 1 representa- participating in the SBIR program or STTR ment of Transportation, and in any subse- tive of the Office of Management and Budget. program.’’. quent report issued by the National Acad- (b) COCHAIRPERSONS.—The Director and the SEC. 316. SUBCONTRACTOR NOTIFICATIONS. emy of Sciences or the Department of Trans- Administrator shall serve as cochairpersons Section 8(d) of the Small Business Act (15 portation on transportation and infrastruc- of the Committee. U.S.C. 637(d)) is amended by adding at the ture; or (c) DUTIES.—The Committee shall review, end the following: ‘‘(F) the national nanotechnology strategic and make policy recommendations on ways ‘‘(13) NOTIFICATION REQUIREMENT.—An of- plan required under section 2(c)(4) of the 21st to improve the effectiveness and efficiency feror with respect to a contract let by a Fed- Century Nanotechnology Research and De- of, the SBIR program and the STTR pro- eral agency that is to be awarded pursuant to the negotiated method of procurement velopment Act (15 U.S.C. 7501(c)(4)) and in gram, including— any report issued by the National Science (1) reviewing the effectiveness of the public that intends to identify a small business con- cern as a potential subcontractor in the offer and Technology Council Committee on Tech- and government databases described in sec- nology that focuses on areas of nanotechnol- tion 9(k) of the Small Business Act (15 U.S.C. relating to the contract shall notify the small business concern that the offeror in- ogy identified in such plan;’’; and 638(k)); tends to identify the small business concern (2) by adding after paragraph (12), as added (2) identifying— as a potential subcontractor in the offer. by section 111(a) of this Act, the following: (A) best practices for commercialization ‘‘(14) REPORTING BY SUBCONTRACTORS.—The ‘‘(13) encourage applications under the assistance by Federal agencies that have sig- Administrator shall establish a reporting SBIR program (to the extent that the nificant potential to be employed by other mechanism that allows a subcontractor to projects relate to the mission of the Federal Federal agencies; report fraudulent activity by a contractor agency)— (B) proposals by Federal agencies for ini- with respect to a subcontracting plan sub- ‘‘(A) from small business concerns in geo- tiatives to address challenges for small busi- mitted to a procurement authority under graphic areas underrepresented in the SBIR ness concerns in obtaining funding after a paragraph (4)(B).’’. program or located in rural areas (as defined Phase II award ends and before commer- TITLE IV—POLICY DIRECTIVES in section 1393(a)(2) of the Internal Revenue cialization; and Code of 1986); (C) ways for Federal agencies to create in- SEC. 401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR POLICY DIREC- ‘‘(B) small business concerns owned and centives for recipients of awards under the TIVES. controlled by women; SBIR program and the STTR program to (a) IN GENERAL.—Not later than 180 days ‘‘(C) small business concerns owned and carry out research, development, testing, after the date of enactment of this Act, the controlled by veterans; production, and manufacturing in the United Administrator shall promulgate amend- ‘‘(D) small business concerns owned and States; and ments to the SBIR Policy Directive and the controlled by Native Americans; and (3) developing and incorporating a standard STTR Policy Directive to conform such di- ‘‘(E) small business concerns located in a evaluation framework to enable systematic rectives to this Act and the amendments geographic area with an unemployment rates assessment of the SBIR program and STTR made by this Act. that exceed the national unemployment program, including through improved track- (b) PUBLISHING SBIR POLICY DIRECTIVE AND rate, based on the most recently available ing of awards and outcomes and development THE STTR POLICY DIRECTIVE IN THE FEDERAL monthly publications of the Bureau of Labor of performance measures for the SBIR pro- REGISTER.—Not later than 180 days after the Statistics of the Department of Labor.’’. gram and STTR program of each Federal date of enactment of this Act, the Adminis- (b) STTR PROGRAM.—Section 9(o) of the agency. trator shall publish the amended SBIR Pol- Small Business Act (15 U.S.C. 638(o)), as (d) REPORTS.—The Committee shall submit icy Directive and the amended STTR Policy amended by section 111(b) of this Act, is to the Committee on Small Business and En- Directive in the Federal Register. amended— trepreneurship of the Senate and the Com- TITLE V—OTHER PROVISIONS (1) in paragraph (3)— mittee on Science and Technology and the SEC. 501. RESEARCH TOPICS AND PROGRAM DI- (A) in the matter preceding subparagraph Committee on Small Business of the House VERSIFICATION. (A), by striking ‘‘broad research topics and of Representatives— (a) SBIR PROGRAM.—Section 9(g) of the to topics that further 1 or more critical tech- (1) a report on the review by and rec- Small Business Act (15 U.S.C. 638(g)) is nologies’’ and inserting ‘‘applications to the ommendations of the Committee under sub- amended— Federal agency for support of projects relat- section (c)(1) not later than 1 year after the (1) in paragraph (3)— ing to nanotechnology, security, energy, rare date of enactment of this Act; (A) in the matter preceding subparagraph diseases, transportation, or improving the (2) a report on the review by and rec- (A), by striking ‘‘broad research topics and security and quality of the water supply of ommendations of the Committee under sub- to topics that further 1 or more critical tech- the United States (to the extent that the section (c)(2) not later than 18 months after nologies’’ and inserting ‘‘applications to the projects relate to the mission of the Federal the date of enactment of this Act; and Federal agency for support of projects relat- agency), broad research topics, and topics (3) a report on the review by and rec- ing to nanotechnology, rare diseases, secu- that further 1 or more critical technologies ommendations of the Committee under sub- rity, energy, transportation, or improving or research priorities’’; section (c)(3) not later than 2 years after the the security and quality of the water supply (B) in subparagraph (A), by striking ‘‘or’’ date of enactment of this Act. of the United States, and the efficiency of at the end; and SEC. 315. SIMPLIFIED PAPERWORK REQUIRE- water delivery systems and usage patterns in (C) by adding at the end the following: MENTS. the United States (including the territories ‘‘(C) the National Academy of Sciences, in Section 9(v) of the Small Business Act (15 of the United States) through the use of the final report issued by the ‘America’s En- U.S.C. 638(v)) is amended— technology (to the extent that the projects ergy Future: Technology Opportunities, (1) in the subsection heading, by striking relate to the mission of the Federal agency), Risks, and Tradeoffs’ project, and in any sub- ‘‘SIMPLIFIED REPORTING REQUIREMENTS’’ and broad research topics, and topics that fur- sequent report by the National Academy of inserting ‘‘REDUCING PAPERWORK AND COM- ther 1 or more critical technologies or re- Sciences on sustainability, energy, or alter- PLIANCE BURDEN’’; search priorities’’; native fuels;

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.027 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2635 ‘‘(D) the National Institutes of Health, in grams, and for other purposes; which determined by the Secretary of Homeland the annual report on the rare diseases re- was ordered to lie on the table; as fol- Security, has invested not less than $20,000 search activities of the National Institutes lows: on behalf of each such entrepreneur; or of Health for fiscal year 2005, and in any sub- ‘‘(iii) who have a controlling interest in a On page 56, strike line 16 and all that fol- sequent report by the National Institutes of foreign company— lows through page 57, line 4, and insert the Health on rare diseases research activities; ‘‘(I) that has generated, during the most following: ‘‘(E) the National Academy of Sciences, in recent 12-month period, not less than $100,000 ‘‘(5) INCREASING DOMESTIC CAPABILITIES.—In the final report issued by the ‘Transit Re- in revenue from sales in the United States; carrying out a pilot program, the head of a search and Development: Federal Role in the and covered Federal agency shall give preference National Program’ project and the report en- ‘‘(II) whose commercial activities, during to applicants that intend to test, develop, or titled ‘Transportation Research, Develop- the 2-year period beginning on the date on manufacture a product or service in the ment and Technology Strategic Plan (2006– which the visa is issued under this subpara- United States. 2010)’ issued by the Research and Innovative graph, will— ‘‘(6) REPORT.—The head of each covered Technology Administration of the Depart- ‘‘(aa) create not fewer than 3 new full-time Federal agency shall include in the annual ment of Transportation, and in any subse- jobs in the United States that employ people report of the covered Federal agency to the quent report issued by the National Acad- other than the immigrant’s spouse, sons, or Administrator an analysis of the various ac- emy of Sciences or the Department of Trans- daughters; tivities considered for inclusion in the pilot portation on transportation and infrastruc- ‘‘(bb) raise not less than $100,000 in capital program of the covered Federal agency and a ture; or investment in furtherance of a commercial statement of the reasons why each activity ‘‘(F) the national nanotechnology strategic entity based in the United States; or considered was included or not included, as plan required under section 2(c)(4) of the 21st ‘‘(cc) generate not less than $100,000 in rev- the case may be. Century Nanotechnology Research and De- enue. ‘‘(7) TERMINATION.—The authority to estab- velopment Act (15 U.S.C. 7501(c)(4)) and in ‘‘(B) REVOCATION.—If the Secretary of lish a pilot program under this section ex- any report issued by the National Science Homeland Security determines that the com- pires at the end of fiscal year 2014. and Technology Council Committee on Tech- mercial activities of an alien who received a ‘‘(8) DEFINITIONS.—In this subsection— nology that focuses on areas of nanotechnol- StartUp visa pursuant to subparagraph (A)(i)(II) fail to meet the requirements under ogy identified in such plan;’’; SA 317. Mr. KERRY (for himself, Mr. (2) in paragraph (15), by striking ‘‘and’’ at such subparagraph, the Secretary shall, not LUGAR, and Mr. UDALL of Colorado) the end; later than 1 year after the end of the applica- (3) in paragraph (16), by striking the period submitted an amendment intended to ble 2-year period described in such subpara- at the end and inserting ‘‘; and’’; and be proposed by him to the bill S. 493, to graph— (4) by adding at the end the following: reauthorize and improve the SBIR and ‘‘(i) revoke such visa; and ‘‘(17) encourage applications under the STTR programs, and for other pur- ‘‘(ii) notify the alien that he or she— STTR program (to the extent that the poses; which was ordered to lie on the ‘‘(I) may voluntarily depart from the projects relate to the mission of the Federal United States in accordance to section 240B; table; as follows: or agency)— At the end of title V, add the following: ‘‘(II) will be subject to removal proceedings ‘‘(A) from small business concerns in geo- SEC. 504. STARTUP VISA ACT OF 2011. under section 240 if the alien does not depart graphic areas underrepresented in the STTR (a) SHORT TITLE.—This section may be from the United States not later than 6 program or located in rural areas (as defined cited as the ‘‘StartUp Visa Act of 2011’’. months after receiving such notification. in section 1393(a)(2) of the Internal Revenue (b) STARTUP VISAS.—Section 203(b) of the ‘‘(C) DEFINITIONS.—In this paragraph: Code of 1986); Immigration and Nationality Act (8 U.S.C. ‘‘(i) QUALIFIED SUPER ANGEL INVESTOR.— ‘‘(B) small business concerns owned and 203(b)) is amended— The term ‘qualified super angel investor’ controlled by women; (1) by redesignating paragraph (6) as para- means an individual who— ‘‘(C) small business concerns owned and graph (7); and ‘‘(I) is an accredited investor (as defined in controlled by veterans; (2) by inserting after paragraph (5) the fol- section 230.501(a) of title 17, Code of Federal ‘‘(D) small business concerns owned and lowing: Regulations); controlled by Native Americans; and ‘‘(6) SPONSORED ENTREPRENEURS.— ‘‘(II) is a United States citizen; and ‘‘(E) small business concerns located in a ‘‘(A) IN GENERAL.—StartUp visas shall be ‘‘(III) has made at least 2 equity invest- geographic area with an unemployment rates made available, from the number of visas al- ments of not less than $50,000 in each of the that exceed the national unemployment located under paragraph (5), to qualified im- previous 3 years. rate, based on the most recently available migrant entrepreneurs— ‘‘(ii) QUALIFIED VENTURE CAPITALIST.—The monthly publications of the Bureau of Labor ‘‘(i)(I) who have proven that a qualified term ‘qualified venture capitalist’ means an Statistics of the Department of Labor.’’. venture capitalist, a qualified super angel in- entity that— (c) RESEARCH AND DEVELOPMENT FOCUS.— vestor, or a qualified government entity, as ‘‘(I) is classified as a ‘venture capital oper- Section 9(x) of the Small Business Act (15 determined by the Secretary of Homeland ating company’ under section 2510.3–101(d) of U.S.C. 638(x)) is amended— Security, has invested not less than $100,000 title 29, Code of Federal Regulations; (1) by striking paragraph (2); and on behalf of each such entrepreneur; and ‘‘(II) is based in the United States; (2) by redesignating paragraph (3) as para- ‘‘(II) whose commercial activities will, dur- ‘‘(III) is comprised of partners, the major- graph (2). ing the 2-year period beginning on the date ity of whom are United States citizens; SEC. 502. REPORT ON SBIR AND STTR PROGRAM on which the visa is issued under this sub- ‘‘(IV) has capital commitments of not less GOALS. paragraph— than $10,000,000; Section 9 of the Small Business Act (15 ‘‘(aa) create not fewer than 5 new full-time ‘‘(V) has been operating for at least 2 U.S.C. 638), as amended by this Act, is jobs in the United States employing people years; and amended by adding at the end the following: other than the immigrant’s spouse, sons, or ‘‘(VI) has made at least 2 investments of ‘‘(ll) ANNUAL REPORT ON SBIR AND STTR daughters; not less than $500,000 during each of the most PROGRAM GOALS.— ‘‘(bb) raise not less than $500,000 in capital recent 2 years.’’. ‘‘(1) DEVELOPMENT OF METRICS.—The head investment in furtherance of a commercial (c) CONDITIONAL PERMANENT RESIDENT STA- of each Federal agency required to partici- entity based in the United States; or TUS.—Section 216A of the Immigration and pate in the SBIR program or the STTR pro- ‘‘(cc) generate not less than $500,000 in rev- Nationality Act (8 U.S.C. 1186b) is amended— gram shall develop metrics to evaluate the enue; (1) by striking ‘‘Attorney General’’ each effectiveness, and the benefit to the people of ‘‘(ii)(I) who— place such term appears and inserting ‘‘Sec- the United States, of the SBIR program and ‘‘(aa) hold an unexpired H1–B visa; or retary of Homeland Security’’; the STTR program of the Federal agency ‘‘(bb) have completed a graduate level de- (2) in subsection (a)— that— gree in science, technology, engineering, (A) in paragraph (1)— ‘‘(A) are science-based and statistically math, computer science, or other relevant (i) by striking ‘‘(as defined in subsection driven; academic discipline from an accredited (f)(1))’’ and inserting ‘‘, sponsored entre- ‘‘(B) reflect the mission of the Federal United States college, university, or other preneur’’; and agency; and institution of higher education; (ii) by striking ‘‘(as defined in subsection ‘‘(C) include factors relating to the eco- ‘‘(II) who demonstrate— (f)(2)) shall’’ and inserting ‘‘shall each’’; and nomic impact of the programs, including the ‘‘(aa) annual income of not less than 250 (B) in paragraph (2)(A), by inserting ‘‘spon- impact on production and manufacturing in percent of the Federal poverty level; or sored entrepreneur,’’ after ‘‘alien entre- the United States. ‘‘(bb) the possession of assets equivalent to preneur,’’; not less than 2 years of income at 250 percent (3) in subsection (b), by adding at the end SA 316. Mr. MERKLEY submitted an of the Federal poverty level; and the following: amendment intended to be proposed by ‘‘(III) who have proven that a qualified ‘‘(3) SPONSORED ENTREPRENEURS.—The Sec- him to the bill S. 493, to reauthorize venture capitalist, a qualified super angel in- retary of Homeland Security shall terminate and improve the SBIR and STTR pro- vestor, or a qualified government entity, as the permanent resident status of a sponsored

VerDate Mar 15 2010 05:21 May 04, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.027 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2636 CONGRESSIONAL RECORD — SENATE May 3, 2011 entrepreneur and the alien spouse and chil- tice in writing that it is my intention mittee on Finance be authorized to dren of such entrepreneur if the Secretary to move to suspend rule XXII, includ- meet during the session of the Senate determines, not later than 3 years after the ing germaneness requirements, for the on May 3, 2011, at 10 a.m., in 215 Dirk- date on which such permanent resident sta- purpose of proposing and considering sen Senate Office Building, to conduct tus was conferred, that— ‘‘(A) the qualified venture capitalist or amendment No. 309 on S. 493 (text of a hearing entitled ‘‘Is the Distribution qualified super angel investor who sponsored the amendment can be found in the of Tax Burdens and Tax Benefits Equi- the entrepreneur failed to meet the invest- section denoted ‘‘Text of Amend- table?’’ ment requirements under section ments’’). The PRESIDING OFFICER. Without 203(b)(6)(A)(i); or f objection, it is so ordered. ‘‘(B) the entrepreneur failed to meet the COMMITTEE ON FOREIGN RELATIONS job creation, capital investment, or revenue NOTICE OF HEARING generation requirements under section Mr. BLUMENTHAL. Mr. President, I COMMITTEE ON ENERGY AND NATURAL 203(b)(6)(A)(ii).’’; ask unanimous consent that the Com- RESOURCES (4) in subsection (c)— mittee on Foreign Relations be author- (A) in paragraph (1)— Mr. BINGAMAN. Mr. President, I ized to meet during the session of the (i) in the matter preceding subparagraph would like to announce for the infor- Senate on May 3, 2011, at 10 a.m., to (A), by inserting ‘‘sponsored entrepreneur,’’ mation of the Senate and the public hold a hearing entitled, ‘‘Afghanistan: after ‘‘alien entrepreneur,’’; and that a hearing has been scheduled be- What is an Acceptable End-State and (ii) by striking ‘‘alien entrepreneur must’’ fore the Senate Committee on Energy How Do We Get There?’’ each place such term appears and inserting and Natural Resources. The hearing ‘‘entrepreneur shall’’; and The PRESIDING OFFICER. Without (B) in paragraph (3)— will be held on Tuesday, May 10, 2011, objection, it is so ordered. (i) in subparagraph (A)(ii), by inserting ‘‘or at 10 a.m., in room SD–366 of the Dirk- SELECT COMMITTEE ON INTELLIGENCE sponsored entrepreneur’’ after ‘‘alien entre- sen Senate Office Building. Mr. BLUMENTHAL. Mr. President, I preneur’’; and The purpose of this hearing is to re- ask unanimous consent that the Select (ii) in subparagraph (C), by inserting ceive testimony on new developments Committee on Intelligence be author- ‘‘sponsored entrepreneur,’’ after ‘‘alien en- in upstream oil and gas technologies. trepreneur’’; ized to meet during the session of the Because of the limited time available Senate on May 3, 2011, at 2:30 p.m. (5) in subsection (d)(1)— for the hearing, witnesses may testify (A) in the matter preceding subparagraph The PRESIDING OFFICER. Without by invitation only. However, those (A), by striking ‘‘alien’’ and inserting ‘‘alien objection, it is so ordered. wishing to submit written testimony entrepreneur or sponsored entrepreneur, as SUBCOMMITTEE ON EMERGING THREATS AND for the hearing record may do so by applicable’’; CAPABILITIES sending it to the Committee on Energy (B) in clause (i), by striking ‘‘invested, or Mr. BLUMENTHAL. Mr. President, I is actively in the process of investing,’’ and and Natural Resources, United States ask unanimous consent that the Sub- inserting ‘‘has invested, is actively in the Senate, Washington, DC 20510–6150, or committee on Emerging Threats and process of investing, or has been sponsored by e-mail to Abigail Capabilities of the Committee on by a qualified super angel investor or quali- [email protected]. fied venture capitalist who has invested,’’; Armed Services be authorized to meet For further information, please con- and during the session of the Senate on tact Allyson Anderson at (202) 224-7143 (C) in clause (ii), by inserting ‘‘or 203(b)(6), May 3, 2011, at 2:30 p.m. or Abigail Campbell at (202) 224–1219. as applicable’’ before the period at the end; The PRESIDING OFFICER. Without and f objection, it is so ordered. (6) in subsection (f), by adding at the end the following: AUTHORITY FOR COMMITTEES TO f ‘‘(4) The term ‘sponsored entrepreneur’ MEET PRIVILEGES OF THE FLOOR means an alien who obtains the status of an COMMITTEE ON BANKING, HOUSING, AND URBAN alien lawfully admitted for permanent resi- Mr. HARKIN. Mr. President, I ask AFFAIRS dence under section 203(b)(6).’’. unanimous consent that Blake Tice (d) GOVERNMENT ACCOUNTABILITY OFFICE Mr. BLUMENTHAL. Mr. President, I Taylor, Emily Wei, and Lynae Gruber STUDY.— ask unanimous consent that the Com- of my staff be granted floor privileges (1) IN GENERAL.—Not later than 2 years mittee on Banking, Housing, and for the duration of today’s proceedings. after the date of the enactment of this Act, Urban Affairs be authorized to meet The ACTING PRESIDENT pro tem- the Comptroller General of the United States during the session of the Senate on shall submit a report to Congress on the pore. Without objection, it is so or- May 3, 2011, at 10 a.m. dered. StartUp Visa Program, authorized under sec- The PRESIDING OFFICER. Without tion 203(b)(6) of the Immigration and Nation- f ality Act, as added by subsection (b). objection, it is so ordered. (2) CONTENTS.—The report described in COMMITTEE ON COMMERCE, SCIENCE, AND MILITARY SPOUSE APPRECIATION paragraph (1) shall include information re- TRANSPORTATION DAY garding— Mr. BLUMENTHAL. Mr. President, I Mr. REID. Madam President, I ask (A) the number of immigrant entre- ask unanimous consent that the Com- unanimous consent that the Senate preneurs who have received a visa under the mittee on Commerce, Science, and proceed to the consideration of S. Res. immigrant entrepreneurs program estab- Transportation be authorized to meet lished under section 203(b)(6) of the Immigra- 160. tion and Nationality Act, listed by country during the session of the Senate on The ACTING PRESIDENT pro tem- of origin; May 3, 2011, at 2:30 p.m. in room 253 of pore. Without objection, it is so or- (B) the localities in which such immigrant the Russell Senate Office Building. dered. entrepreneurs have initially settled; The PRESIDING OFFICER. Without The clerk will report the resolution (C) whether such immigrant entrepreneurs objection, it is so ordered. by title. generally remain in the localities in which COMMITTEE ON ENERGY AND NATURAL The legislative clerk read as follows: they initially settle; RESOURCES (D) the types of commercial enterprises A resolution (S. Res. 160) designating May that such immigrant entrepreneurs have es- Mr. BLUMENTHAL. Mr. President, I 6, 2011, as ‘‘Military Spouse Appreciation tablished; and ask unanimous consent that the Com- Day.’’ (E) the types and number of jobs created mittee on Energy and Natural Re- There being no objection, the Senate by such immigrant entrepreneurs. sources be authorized to meet during proceeded to consider the resolution. f the session of the Senate on May 3, Mr. REID. Madam President, I ask 2011, at 10 a.m. in room 366 of the Dirk- unanimous consent that the resolution NOTICE OF INTENT TO SUSPEND sen Senate Office Building. be agreed to, the preamble be agreed THE RULE The PRESIDING OFFICER. Without to, and the motions to reconsider be Mr. COBURN. Mr. President, I sub- objection, it is so ordered. laid on the table. mit the following notice in writing: In COMMITTEE ON FINANCE The ACTING PRESIDENT pro tem- accordance with rule V of the Standing Mr. BLUMENTHAL. Mr. President, I pore. Without objection, it is so or- Rules of the Senate, I hereby give no- ask unanimous consent that the Com- dered.

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.029 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2637 The resolution (S. Res. 160) was S. RES. 161 look forward to working together to agreed to. Whereas the first United States patent was get the America Invents Act to the The preamble was agreed to. issued in 1790 to Samuel Hopkins of the President’s desk and providing our in- The resolution, with its preamble, State of Vermont for a process to make bet- ventors with the legal landscape they reads as follows: ter fertilizer; need to flourish. Whereas American inventors have contrib- S. RES. 160 I appreciate the efforts of Inventors uted to advances in life sciences, technology, Whereas the month of May marks ‘‘Na- and manufacturing; Digest Magazine and others who have tional Military Appreciation Month’’; Whereas the Constitution specifically pro- promoted National Inventors Month. Whereas military spouses provide vital vides for the granting of exclusive rights to support to men and women in the Armed inventors for their discoveries; f Forces and help to make the service of such Whereas the United States patent system men and women in the Armed Forces pos- is intended to implement that constitutional ORDERS FOR WEDNESDAY, MAY 4, sible; imperative and incentivize inventions; 2011 Whereas military spouses have been sepa- Whereas American inventors benefit from Mr. REID. Madam President, I ask rated from loved ones because of deployment an up-to-date and efficient patent system in support of overseas contingency oper- unanimous consent that when the Sen- and the economy, jobs, and consumers of the ate completes its business today, it ad- ations and other military missions carried United States benefit from the inventions; out by the Armed Forces; Whereas the next great American inven- journ until 10 a.m. on Wednesday, May Whereas the establishment of ‘‘Military tion could be among the 700,000 patent appli- 4; that following the prayer and pledge, Spouse Appreciation Day’’ is an appropriate cations pending as of the date of approval of the Journal of proceedings be approved way to honor the spouses of members of the this resolution in the United States Patent to date, the morning hour be deemed Armed Forces; and and Trademark Office; expired, the time for the two leaders be Whereas May 6, 2011, would be an appro- Whereas the last changes to the United reserved for their use later in the day, priate date to establish as ‘‘Military Spouse States patent system were made nearly 60 Appreciation Day’’: Now, therefore, be it and the Senate then proceed to a pe- years ago; riod for the transaction of morning Resolved, That the Senate— Whereas an updated patent system will un- (1) designates May 6, 2011, as ‘‘Military leash innovation and create jobs in the business for debate only until 12 p.m., Spouse Appreciation Day’’; United States without adding to the deficit; with Senators permitted to speak for (2) honors and recognizes the contributions Whereas every May, a new class of inven- up to 10 minutes each, with the time made by spouses of members of the Armed tors is inducted into the National Inventors equally divided and controlled between Forces; and Hall of Fame; the two leaders or their designees, with (3) encourages the people of the United Whereas in the 112th Congress, a bill was the majority controlling the first 30 States to observe ‘‘Military Spouse Appre- introduced in the House of Representatives ciation Day’’ to promote awareness of the minutes and the Republicans control- entitled the ‘‘America Invents Act’’ (H.R. ling the next 30 minutes; further, that contributions of spouses of members of the 1249) to make reforms to the United States Armed Forces and the importance of the role patent system; and the filing deadline for all second-degree of military spouses in the lives of members Whereas the Senate on March 8, 2011, amendments to S. 493 be at 11 a.m.; fi- of the Armed Forces and veterans. passed the bill entitled the ‘‘America Invents nally, I ask unanimous consent that f Act’’ (S. 23), which will make the first com- the cloture vote with respect to S. 493 NATIONAL INVENTORS MONTH prehensive reforms to the United States pat- occur at 12 p.m. on Wednesday. ent system in nearly 60 years: Now, there- The ACTING PRESIDENT pro tem- Mr. REID. Madam President, I ask fore, be it pore. Without objection, it is so or- unanimous consent that the Senate Resolved, That the Senate designates May dered. proceed to the consideration of S. Res. 2011, as ‘‘National Inventors Month’’. 161. Mr. LEAHY. Madam President, I am f The ACTING PRESIDENT pro tem- pleased that the Senate has acted pore. Without objection, it is so or- quickly to pass a resolution desig- PROGRAM dered. nating May 2011 as National Inventors Mr. REID. Madam President, there The clerk will report the resolution Month. On May 4, the National Inven- will be up to two rollcall votes at noon by title. tors Hall of Fame, in partnership with tomorrow. The first rollcall vote will The legislative clerk read as follows: the United States Patent and Trade- be on the motion to invoke cloture on A resolution (S. Res. 161) designating May mark Office, will hold its 39th Annual S. 493, the small business jobs bill. If 2011 as ‘‘National Inventors Month.’’ National Inventors Hall of Fame Induc- cloture is not invoked on the bill, the There being no objection, the Senate tion Ceremony. Senate will immediately proceed to a proceeded to consider the resolution. Our Nation’s inventors are the cata- rollcall vote on the motion to invoke Mr. REID. Madam President, I ask lyst of our economy. Their inventions, cloture on the nomination of John unanimous consent that the resolution when protected by a strong, efficient, McConnell to be a U.S. District Judge be agreed to, the preamble be agreed and balanced patent system lead to for the District of Rhode Island. to, the motions to reconsider be laid new products and processes for Amer- upon the table, with no intervening ac- ican consumers and new jobs for Amer- f tion or debate, and that any state- ican workers. ADJOURNMENT UNTIL 10 A.M. ments relating to the measure be print- Earlier this year, the United States TOMORROW ed in the RECORD. Senate passed overwhelmingly the The ACTING PRESIDENT pro tem- America Invents Act, to ensure that Mr. REID. Madam President, if there pore. Without objection, it is so or- our Nation’s inventors and innovators is no further business to come before dered. have a 21st Century patent system that the Senate, I ask unanimous consent The resolution (S. Res. 161) was speeds high quality patents to market. that it adjourn under the previous agreed to. The United States House Committee on order. The preamble was agreed to. the Judiciary recently voted to ap- There being no objection, the Senate, The resolution, with its preamble, prove a very similar version of this leg- at 4:59 p.m., adjourned until Wednes- reads as follows: islation on a strong bipartisan vote. I day, May 4, 2011, at 10 a.m.

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